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cp07-10-1990 ci I -IUTCHINSON CITY CALENDAR WEEK OF July 8 TO July 14 1 9 0 L!FE -11- 10:00 A.M. - Directors Meeting at City Hall Noon - Joint Board Meeting at Hospital Large Conferen Room (Nursing Home Board, Hospital Board & City Council) • �aF 14 ° d i • �., CH' THURSDAY 2:00 P.M. - Open Bids at City( Hall for Removal/ Demolition of House FRIDAY -12- -13- Tt'j" ? Ci 6 -15 1 0 9"N TUES &Y lip -10 ?_J I 7:30 P.M. - City Council Meeting at City Hall SATURDAY VACATION: -14- RANDY DEVRIES - July 9 -13 DIANE OLSEN - July 9 -13 JIM MARKA - July 9 -13 JOHN RODEBERG - July 9 -13 p k'tisF _ AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 10, 1990 1. Call to Order - 7:30 P.M. 2. Invocation - Rev. Jon Lindekugel, Christ The King Lutheran Church 3. Consideration of Minutes - Regular Meeting of June 26, 1990 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Building Official's Report - June 1990 2. Airport Commission Minutes - June 25, 1990 3. Hospital Board Minutes - May 15, 1990 • (b) Licenses for St. Anastasia Church Annual Fall Festival: 1. Bingo License 2. Gambling Devices License 3. Retail "On -Sale" Non - Intoxicating Malt Liquor License (c) Gambling Devices License And Bingo License for St. Cloud Wrestling Assn. (Hutch. Tennis Assn. & Hutch. Swim Club) Action - Motion to order report and minutes filed and issue licenses 5. Public Hearing - 8:00 P.M. (a) Assessment Roll No. 262 - Letting No. 7, Project #90 -15 Action - Motion to close hearing - Motion to reject - Motion to approve and adopt Assessment Roll No. 262 - Motion to waive reading and adopt Resolution 6. Communications, Requests And Petitions None 7. Resolutions And Ordinances (a) Ordinance No. 90 -22 - An Ordinance Of The City Of Hutchinson, Minnesota, Amending City Code Section 6.26, Subd. 3(E) Governing Bingo; And Adopting By Reference, City Code Chapter 1 And Section 2.99 Which, Among Other Things, Contain Penalty Provisions Action - Motion to reject - Motion to waive second reading and adopt (b) Resolution No. 9290 - Resolution For Purchase Action - Motion to reject - Motion to waive reading and adopt (c) Resolution No. 9291 - Resolution Declaring Part -Time Patrol Officers Eligible For The PERA Police And Fire Fund (Officer Richard Steuck) Action - Motion to reject - Motion to waive reading and adopt (d) Resolution No. 9292 - Resoluton Declaring Part -Time • Patrol Officers Eligible For The PERA Police And Fire Fund (Officer Scott Schuette) Action - Motion to reject - Motion to waive reading and adopt (e) Resolution No. 9294 - A Resolution Accepting $137,500 From Hutchinson Utilities Commission Action - Motion to reject - Motion to waive reading and adopt (f) Resolution No. 9295 - Authorizing Release Of Pledged Securities From First Bank of Minnesota Action - Motion to reject - Motion to waive reading and adopt 8. Unfinished Business (a) Consideration of Issues Involving Dakota Rail, Inc. (DEFERRED NOVEMBER 28, 1989) Action - Motion to reject - Motion to approve and enter into agreements • 2 0 9. New Business (a) Consideration of Proposed City Logo Action - Motion to reject - Motion to approve (b) Consideration of Civic Arena Contract With School District Action - Motion to reject - Motion to approve and enter into contract (c) Consideration of Awarding Bid For Letting No. 12, Project No. 90 -22 (Demolition /Removal of House At 115 Glen Street South) Action - Motion to reject - Motion to approve (d) Consideration of Setting Special Election Date for Sunday Liquor Referendum Action - Motion to reject - Motion to approve September Primary Election Date - Motion to waive reading and • adopt Resolution No. 9293 (e) Consideration of On -Going Work Study Agreement With Hutchinson Technical College for 1990 -91 School Year Action - Motion to reject - Motion to approve and enter into agreement (f) Consideration of Proposal By Sam Ulland To Resolve Litigation Action - (g) Consideration of Awarding Bid for Sanitary Sewer Service To Ludtke Lane Action - Motion to reject - Motion to approve and enter into contract (h) Consideration of Removal of Dangerous Buildings And Housing Code Ordinance Motion to reject - Motion to approve - Motion to waive first reading of ordinance and set second reading for July 24, 1990 • 3 • (i) Consideration of Temporary Mobile Recycling Ordinance Action - 10. Miscellaneous (a) Communications from City Administrator 11. Claims. Appropriations And Contract Payments (a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. Adjournment L� n LJ 4 0 • M E M O R A N D U M DATE: July 6, 1990 TO: Mayor & City Council FROM: Marilyn Swanson, Admin. Secretary SUBJECT: City Council Minutes - June 26, 1990 Meeting Due to a short work week and vacation days taken, I have not been able to complete the City Council Minutes for the June 26, 1990 meeting. However, I expect to finish them on Monday, July 11, for distribution at the Tuesday night meeting and approval on July 24. • D5779 nsT4 aTlres .. • I rmMP404 U.S. DEPMIMENTOECOMMEPCE 1 le -aMl aWnucanocWWB PMIpd In Mhholop fln laaEEad 1 I loan (Planes correct any arms in ration, ero address klokldew ZIP Coda/ REPORT OF BUILDING OR 553 ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION - 103500 27... ! 9999 Oi5 1 0 ' 26 9999 02730 JAMES PARKA BLOC OFFICIAL llyourbud brig permitsystem has changed. mark (X) appropnete box De/ow and e x p l a i n lai In eolnnsanla- CJ7y MALL 37 YA SM INCTON AVE WEST • El Discontinued issuing permits HUTCHINSON MN 55350 ❑ Merged with another system ❑ Solt mto two or more systems ❑ Annexed land areas PLEASE_COMPLETE AN0 MAIL x ❑ Had other shah gas • -- - - - IS FORM ON OR BEFORE rd o permits -err. issued dmin9 Instructions ere included. For s period, mare ;Xl in the box —a ❑ THIS IS YOUR FILE COPY further assietanee call collect turn this lurm - 13011 763 -7244. NEW RESIDENTIAL PRIVATELY OWNED PUBLICLYOWNED HOUSEKEEPING Item umber of Number of BUILDINGS Valuation of No. Valuation of 7E.,I.o, rBuddargs Mousing construction Buildings Housing construction units Omit canO unis Omit cents lei ( I (tll lei {fl 4W detached / /y 2 e h houses. ares. 101 '7 : J 7b Simla -famih houses. attached - Separarod by ground to roof well, -No units above or below, and -Sops 1: to hearing systems and utih r meters. (fount each unit as a separate building) 102 Two - family buildings 19; Three - and four family buildings 104 Evo -ormoro famdv Di,ildings 105 TOTAL — Sum of 101 -106 — 109 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLYOWNEO NONHOUSENEEPING Item Number of Number of BUILDINGS No Valuation of Valuation of Buildings Rooms cOmtrCen�ts Buildings Rooms c 0"d cents md cents lei Ibl Ic) (th lei (f) 1gi h Ottlle tOte�s, and WwLSt cabins (t ense,it accomrnodatlpns only) 213 Other q,hora, 214 NEW PRIVATELY OWNED PUB LILLY OWNED NONRESIDENTIAL BUILDINGS Item No. Number Valuation of Number Valuation of Of bwidengs Construction Omit cents of buildings construction Omit cents lei lb) Icl hf Ial Amusement, social, and recreational 31B Churches end other tali ious 319 Industrial 320 Parking garages (buildings and open dockedl 321 Service stations and repair are fat 322 itals and institutional 32 ks, and professional 324 s and utilities 325 t d other educeionel Fab ;29 customer services 327 sidential buildings 328 tures other than buildings 329 ADDITIONS, PRIVATELM PUBLICLY OWNED ALTERATIONS, AND ' Item CONVERSIONS Number Number Valuation of No. of of construction buildings - buddinps Omit cents le) Ib) Itli lei Class, r� additions al _ garages and rarpurrs rn item 438. 434 Nonresidential end onh' 99 Additions of ,m,denhal arages and ca and detached) 438 n 5 I - nr b- Ike r" r o — w.notq l'L"OPoe PL*Abe GONnNUE ON REVERSE SIDE 4 -1100 DEMOLITIONS AND PRIVATELY OWNED PUBLICLY OWNED RAZING OF Item Number of Number of BUILDINGS No. Buildings Housing Buildings Housing units units Oil Ibl Ic) 1d1 el Single- family houses lanached and detached) 645 Two - family buildings 646 T hree- and ldur- family buildings 647 Five -0r -more family building, 648 All Other budding, end rometuree Bab INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT •600,000 OR MORE Please Provide the following information for each Portion authorizing construction valued at 6500,000 or more entered in sections 1 through IV. Item Number of No. from Description p Name and address of Owner ship Valuation of sec. owner or builder Merk lXl consuuction omltcenta Nouain g urots Buildings I —IV one lal IN tcl Idl lei If) 1 I KbW of bioldmp ----------------------------------- ❑Prlvtl. Site address 8 Kind of buiding ❑Private ------------------------ ------------------------------------ Siu addreca 9 Kind of building -- -' ❑Prlvtla Site eadr gsa - _________ _________________________ ❑Pabst 6 Kind on building ____ _______________________________ ❑Prlvsu Sie eadracc S Kind of bmltlng ❑Private ------------------------------------------------------------ Site address - - - - -- 1 Public Kind or budding - -- ------- ❑Privet. S.,. amrec: — Public 5 nmd ul bnilainp - -- -------- -- -- ❑Pdven Sne address ------------- - - - - -- ❑Public a Kind of bu deioq - ---- - - - - "' ❑Privet, Site atldress .___ ______ -------------------------- ❑Public 8 Kind of bddd .np ____ _________ ______________________ oPrivate Sit. ,dare.. OPUbIw s Comments Are you aware of any new per ilefesuing ❑No ❑Vas — P /ease give additional information in comments. jurisdictions) Name of person to contact regarding this report Telephone Area code Number E.uvwn (i tie , f u u • 0 MINUTES HUTCHINSON AIRPORT COMMISSION Monday, June 25, 1990 Meeting was called to order at 8:10 p.m. by Dave Skaar. All members of the commission were present. The general topic of discussion was the over all improvement project of the Hutchinson airport. The commission met with Mr. Ray Strege, Consulting Engineer with TKDA, and discussed what areas were to be improved. Also, the commission indicated they would want the airport to remain functional during the construction period when possible. Next scheduled meeting of the airport commissioners will I at 8:00 p.m. on the 30th of July, 1990. Meeting adjounred at 9:30 p.m. Report submitted by Doug Meier. 41 4 -A. (Z) . HUTCHINSON COMMUNITY HOSPITAL REGULAR BOARD OF DIRECTORS MEETING - May 15, 1990 Large Conference Room - 5:15 PM Present: Dori Johnson, President; Diane Gilmer, Secretary; Rev. Thor Skeie, Trustee; Rich Myers, Trustee; Marlin Torgerson, Trustee; Dean G. Nissen, Chief of Staff Absent: Bob Durfee, Trustee Others Present: Philip G. Graves, Administrator; Gordon Sprenger, President and CEO of LifeSpan; Peter Worthington, M.A. Mortenson; Jane Lien, Director of Nursing Services; Robyn Erickson, Director of Education & Marketing; Gib Lehman, Director of Plant Operations; Cathy Nevanen, Hutchinson Leader; Jeni Ingebrigtsen, KDUZ -KKJR; Radio; La Mae Maiers, Recording Secretary Prior to the start of the meeting, the Board members viewed a film on risk management identifying their responsibilities. It was noted that JCAHO has adopted more explicit standards in 1989. The tape strongly encouraged trustees to review the Hospital's Bylaws and become familiar with its contents. A policy will be forthcoming next month detailing the risk management program for Hutchinson Community Hospital. Also, risk management and quality assurance go hand -in -hand. Trustees need to be familiar with incidents, where they occur, what has been done to remedy cause, and look for variances. Again, JCAHO will look at the Board's role in this procedure. Following the film, the Board heard a presentation by Peter Worthington, project manager from M.A. Mortenson. Worthington informed the Board the second major estimate (design development estimate) was completed on May 4. The current anticipated cost of the MOB and the Hospital remodeling projects, including the link between surgery and excluding financing, and furniture, fixtures and equipment (FF &E) is $10,849,300, which is in line with the budget. Again, Worthington noted that a guaranteed maximum price (GMP) should be determined by June 4. Worthington informed the Board that additional expense may be incurred due to the poor soil (uncontrolled fill /dirt) that needs to be removed and filled in with controlled engineer fill (no metallic objects, roots, etc.). He also noted that soil correction may need to be done for the parking lot. The first bid package will be ready the week of May 21 and is expected back k.v early June- Twenty percent of the project value will be in the first package. • 41,-74- ( . 3) Board of Directors Meeting - 5/15/90 • Page Two Worthington identified a process to be utilized in the event change orders need to be implemented. He is not anticipating any major changes, but suggested a process be in place if necessary. Worthington suggested that the board members establish a three -level chain of authority, with all requests going through the administrator (level I) and on to the hospital board (level I) and city council (level III), depending on the dollar amount of the order. Suggested dollar amounts for each level of authority were: Level I, less than $25,000; level I1, $25,000 - 550,000; and level III, over $50,000. Graves informed the Board that the proposed cost of the MOB is still not at an "affordable" level that the younger physicians are comfortable with. He explained that the new facility is being designed with enough office space to allow for up to 23 physicians in the future. However, at the present time there are only 13 physicians to bear the costs. Graves further stated that HCH may have to "shoulder" a portion of the debt. However, there is still some concern about the safe harbors provision in the law for rural hospitals. A legal opinion will be sought from Barry Anderson and Jay Christensen. Following the presentations, the regular meeting was called to order at 7:00 p.m. by Vice President Dori Johnson. Minutes of Past Meeting Minutes of the April 17, 1990 meeting were • presented. Following discussion: Motion was made by Gilmer, seconded by Myers, to approve the minutes of the April 17, 1990, regular Board of Directors meeting as presented. All were in favor. Motion carried. Medical Staff Meeting Minutes Minutes of the regular and committee meetings of the medical staff were presented. No unusual comments were made. Old Business A. Proiect Update An update was presented by Worthington prior to the start of the regular meeting. (See above.) B. CEO /Administrator Performance Review Policy A proposed CEO /Administrator Performance Review Policy was presented to the Board for consideration. Gordon Sprenger, president and CEO of LifeSpan, commented on the importance of having a policy in place when conducting a review and appraisal of the Administrator's overall performance. Following discussion: Motion was made by Myers, seconded by Skeie, to adopt the CEO /Administrator Performance Review Policy as presented. All . were in favor. Motion carried. • Board of Directors Meeting - 5/15/90 Page Three (B) Following the adoption of the review policy and in accordance with the review policy, Johnson, Myers, and Gilmer will serve on the Executive Appraisal Committee to provide input to the CEO of LifeSpan on the performance of the Administrator of HCH. C. Election of Vice President_ Due to Ourfee's announcement to resign his position as President of the Board at the April, 1990, meeting, the position of vice - president was vacated as Johnson accepted the position of President. Following discussion: Motion was made by Gilmer, seconded by Torgerson, to elect Myers as Vice President. All were in favor. Motion carried. New Business A. Resolut for Adoption for Collectivel Neg otiating . Sprenger addressed the Board briefly regarding the Resolution for Adoption. All Lifespan affiliated hospitals are being asked to consider this agreement in order to allow LifeSpan to negotiate and enter into agreements with PHP on their behalf. Sprenger noted PHP has challenged this resolution, but no legal action has been taken by . them. Following discussion: Motion Resolution foreAdoptioneasopresented. All Myers, ereinofavor. the Motion carried. B. Capital Expenditure Reque 1. Roof Repair Seivert presented a capital expenditure request to repair a portion of the hospital's roof. A section of the 20 -year old roof has developed leaks in several areas. The request stated cost S13,612, but exceed S15,000. requested 000 Following discussion: Motion was made by Skeie, seconded by Gilmer, to approved the capital expenditure request to repair the roof of the Hospital, with the cost not to exceed 515,000. All were in favor. Motion carried. 2 Anesthgj Bids Seivert informed the Board the bids for new anesthesia equipment needed further evaluation and a recommendation will be presented at the June, 1990, meeting. 3. Ultrasound Bids Seivert also informed the Board the bids for the • new ultrasound equipment needed additional review and a recommendation would be brought to the June, 1990, meeting. Board of Directors Meeting - 5/15/90 Page Four C. Special June Meeting Due to the need to finalize a portion of the building project plans and meet deadlines for both the City Council and LifeSpan, Graves requested a special Board of Directors meeting with the members of the City Council the first week in June. Following discussion: Motion was made by Torgerson, seconded by Gilmer, to meet in special session with the City Council on Thursday, June 7, at 7:00 a.m. in the Large Conference Room of the Hospital. All were in favor. Motion carried. D. Utilization Review Plan The Utilization Review Plan for the Hospital, with the proposed revisions, was presented. It was noted that the document was recently approved by the Medical Staff. Following discussion: Motion was made by Myers, seconded by Nissen, to accept the Utilization Review Plan as presented. All were in favor. Motion carried. E E. Medical Staff Bylaws Amendment Several changes amending the Bylaws of the Medical Staff of the Hospital were presented, with the most significant change being the addition of podiatrists to the staff. It • was noted that Nissen served on the committee responsible for revising and updating the Bylaws. They were also reviewed by hospital attorney Barry Anderson. Gilmer questioned the use of the term "he" throughout the document as opposed to a more generic term, and requested a change in the wording. Nissen commented that under the heading "Definitions" in the Medical Staff Bylaws, it does state that the term his or he is intended to be interpreted as members of both genders and is not intended to be discriminatory. He added that the wording had been approved by the entire Medical Staff. Following further discussion: Motion was made by Gilmer, seconded by Myers, to approve the Medical Staff Bylaws amendments as presented. All were in favor. Motion carried. F. Medical Staff Application The Medical Staff applications scheduled for consideration by the Board will be presented at a future meeting. G. Safety Committee Report for First Ouarter, 1990 In accordance with JCAHO standards, the activities for the first quarter of the Safety Committee were reviewed by the Board. H. Education Conferences Upcoming educational conference were noted. Members wishing to attend will contact either Laurie or La Mae in Administration in the near future. • Board of Directors Meeting - 5/15/90 Page Five I. Planning Retreat Wednesday evening, August 8, and Thursday, August 9, were tentatively set for the annual planning retreat for the Board members and physicians. Board members Skeie and Myers will assist Erickson in the planning. Accounts Payable The accounts payable were presented for approval. Following discussion: Motion was made by Myers, seconded by Skeie, to approve for payment the attached listing of accounts payable and cash disbursements in the amount of $921,500.61. All were in favor. Motion carried. Statistical Report and Financial Statements The statistical report for April, 1990, was presented. Admissions in April were approximately the same as March, 1990; average daily census was 26.1 and the average length of stay fell from 4.4 in March to 3.8 in April. Occupancy for April was 39%. Utilization trends continue to be in the outpatient service areas. For the month of April, patient revenues were slightly more than $1.1 million. Net operating revenue was $890,000 or 10.5% less than the April budget; net income was $13,420, which is considerably less than budget. The $2 million in equipment financing, approved by the Board in December, was closed on May 15, 1990, with some of the monies going to reimburse the Hospital's operating reserves. The money will also be used to finance various new capital equipment that will be purchased over the next four months. Auxiliary Meeting Minutes Minutes of the April Auxiliary meeting were Presented. No unusual comments were made. Ot her 1. Quarterly Quality of Care Index The Quarterly Quality of Care Index was presented to the Board for their review. Conclusions: All the indicators were well within the thresholds established. Recommendation: The Board accept the report as presented. Action: No further action on the findings required. Addition: 2. Salary Increase for Administrator The Compensation Committee of the Soa: -- -t, rnended a 7.5% salary increase for the Administrator, The Committee retroactive to January 1, 1990. Following discussion: composed of The- Skeie, Diane Motion was made Skeie, seconded by Myers, to grant a 7.5% salary Doro Gilmer and increase to Administrator Graves, retroactive to January 1, 1990. Johnson met All were in favor. Motion carried. with Gordon Sprenger, and Gilmer presented the information to the Board. LM Board of Directors Meeting - 5/15/90 Page Six Adjournment Motion was made by Skeie, seconded by Gilmer, to adjourn the meeting. The meeting was adjourned at 8:00 p.m. Respectfully submitted, La Mae J. Maiers Diane Gilmer Recording Secretary Secretary LM C: \WP \BDMTGMIN.515 • City of Hutchinson 40 Fee: $10.00 APPLICATION FOR BINGO LICENSE Approved b : Building Fire Application shall be submitted at least Police days prior to the bingo occasion i � __ "1 �Q Ail AND I , YI �"�^ ,—�— C ifi t-.- ( ( i ve J i:!ye of Authorized Officer ;:?We of Desigr.a ted Bingo A: =_ Here - by submit in duplicate this application for a license to conduci the game of bingo in accordance with the provisions of City of E--uchir.son Ordinance No. 655 and Minnesota Statutes Chapter 341 for e license year ending Signatures: Au ' :orized Officer of Organization D signated Bingo Manager A. The following is to be completed by the duly authorized officer of the organization: � � t 1. True Name: 1Ja". 011L -f b Cf � ^r ectky <2'6 7Xe,- ej . (last) first (middle) 2. Residence Address: ��° Y &-"( itch street city (state (zip code 3. Date of Birth: s - '/y 4. Place of Birth (mo. ) (day (year) city& state, 5. Have you ever been convicted of any crime other than a traffic offense? Yes _ NO x If yes, explain B. The following is to be completed by the designated bingo manager of organization: 1. True Name: _"e ✓bYkC T G aa NC e���Cer�'h.e-, (last) first middle) 2. Residence Address: Mots - S/f "k1 Attu S S 3j street cityf (state Zip cczle) 3. Date of Birth: 1 4. Place of Birth: A h7ti day & year) (city & state 5. Have you ever been convicted of any cram° other than a traffic offense? Yes — NO )( If yes, explain • 6. Ho long have yc,,i 1- a m cf the cr ganizatic n? si /. Attach a copy of the official resolutic n or official acti e. ^. designating yc'1 bingo manager. � - �, (2) C. Came Information: I. Place where bingo Eames will be played �$�, 4. S " 2. Date or dates bingo will be played a 3 �� o (date and or day s of wee ) 3. Hours of the day bingo will played: From // 1 t 3— t 4. ';a�:im•um number of players Too 5. Will prizes be paid i:i rcney - 6. Will refreshments be -served during the time the games are being conducted?Yes Y No If sc, will a charge be made for such refreshments? Fes X— NO D. Organization Information.: 1. Address where regular meetings are held SY fJf 4S/C,Qi0.��kY�� 2. Day and time of meetings occ 3. Is the applicant organization organized under the laws of the state of Minnesota? Yes w- No 4. How long has the organization been in existence? /d Y y rs 4a. How many members in the organization? /o o U V 5. What is the purpose of the organization? C/, 6. Officers of the Organization: Name Address Title • Fr_ A'. CA- Cross 5/0o 4 A F ( pe AyC Y u o L a k es 7. Give names of officers or any other persons paid for services to the Organization: Name Address Title CJ D. Organization Information: (Continued) 8. In whose custody will organization records be kept? Name Address 9. If the organization carries sufficient insurance to compensatc the players in the event any injury is sustained by players w } Carticipat g iL in t bingo game, c= L.'Li le C. ^. the IicCL °eC premises, please state the 1 ;- e of Z:;snrer and r._ic• ..c. Sn ✓' 7�6 Z 10. Have you (%Manager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the Operation of bingo gales? 11. Attach a list of all active members of the organization. E. The following information is provided concerning a fidelity bond given by the bingo manager in favor of the organization: 1. Name of bonding-company _ (�G�/ cr{��._��,�7�1; c1 . 2. Address of bonding company 0^.._ ei9e,- AXbrc: 3. Amount and duration of bond T -00 - Co 0 4. Application is hereby made for waiver of the bonding requirements. Yes No yG I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance NO. 653 relating to bingo, and I will familiarize myself with the contents thereof. Signal lure of authorized officer of orgarizatic Date: &b77 --F a Subscribed and sworn to before me a notary public on this Day of 19 Signature of Notary Fublic Commission expires on 'uhscribed and sworn to before me a notary public on this Day of 19 Signature of Notary Public Ccmmission expires on 0 City of Hutchinson • FEE: $25,00 APPLICATION FOR GAMBLING DEVICES LICENSE Approved by- Building Fire Application shall be submitted at Police least — days prior to the Gambling occasion =eft 1 Q r- �4 i 1 r� -C��� AND 1, Na tee of Authorized — Officer of ha=e of Designated Gambling Organization Manager Hereby submit in duplicate this application for a license to conduct the game of gamblingir, accordance with the provisions of the City of Hutchinson Ordinance NO. 655 and Minnesota Statutes Chapter 349 for the license year ending /f ¢ Signatures: Autl(brized Officer of Organization Des gnated Gambling Manager of organization A. The following is to be completed by the duly authorized officer of the organization: • 1. True Name: IZK" aeY 3 C' -e._ C'6- (last) (first) / (middle) 2. Residence Address: /t &)c 020117 �`fC�t /��n n3 (street)_ (city) (state) (zip) 3. Date of Birth: 11-- i -�9 4, Place of Birt /u 11ti;? (mo /day /year) (city /state) 5. Have you ever been convicted of any crime other than a traffic offense? Yes No X, , If Yes, explain B. The following is to be completed by the designated gambling manage: of organization: '/ n � 1. True Name: !/.0 "Ale -rhe (last) (first) (middle) 2. Residence Address: KP— fy 44 42A7� wcC c- /- "Xsln A-n S (street) (city) (state) (zip) 3. Date of Birth: z - Vy 4. Place of Birth: (no/day/year) (city /state) / �z` 5. Have you ever been convicted of any crime other than a traffic offense? Yes No -X—. If yes, explain 6. How long have you been a member of the organization? - /2 1 7. Attach a copy of the official resolution or official action designating you gambling manager. C. Game Information: 1. Place where gambling devices will be used S�. /I t,aS 2. Date or dates gambling devices will be used - }3- yo (date and /or day(s) 3. Hours of the day gambling devices will be used: of week) From A To _� A.M. P.M. (?.M 4. Maximum number of players S'ee 5. Will prizes be paid in money or merchandise? M o e y 6. Will refreshments be served during the time the gambling devices will be used? Yes No If so, will a charge be made for such refreshments? Yes�X NO D. Organization Information: 1. Address where regular meetings are held jy. /J 2. Day and time of meetings SL-f AC' h 3. Is the applicant organization organized under the laws of the State of Minnesota? Yes _� - No 4. How long has the organization been in existence? to `VLF 4a. How many members in the organization? �no0 ,, A'e 5. W hat is the purpose of the organization? e k.c.� 6. Officers of the Organization: Name Address Title _F� K;c..l....r� GreSS �eoL�EC. p r ;eel Den e, Ir'a<f 7. Give names of officers or any other persons paid for services to the organization: Name Address Title 0 • D. Organization Information: (Continued) 8. In whose custody will / organization records be kept? Nam 1/6,�El t+� /./ h ddress Ye, P, `{ &Y --Jar4 A' 9. If the organization carries sufficient insurance to compensate N the players in the event any injury is sustained by players while gambling devices are used, or while on the licensed premises, please state the Name of Insure le - —�y ✓�j - �1P+ and Policy No - 7 L 10. Have you (Manager 8 Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling deviceE ye S 11. Attach a list of all active members of the organization. E. The following information is provided concerning a fidelity bond given by the gambling manager in favor of the organization. 1. Name of bonding company j'c' o tic mow( k ! 'Off fi'p� Sc 2. Address of bonding company 6,,, Ne-b. 3. Amount and duration of bond 57 Oo p 4. Application is hereby made for waiver of the bonding requirements. Yes No X I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 655 relating to gambling, and I will familiarize myself with the contents thereof. signature or authorized officer of organiczation Date: 6 -.x )--q 0 Subscribed and sworn to before me a notary public on this day of 19 Signature of Notary Public Commission expires on Subscribed and sworn to before me a notary public on this day of 19 Signature of Notary Public Commission expires on Social Security Number: *LN Business ID Number: �f — 6 7y�J a 0 Slwrt tern) .u•.r«n.•n «�,oam... ltlUA1L "ON SALvV • Matt at jtliunt5ota, To ale C. ty.....C.ou.,,��..�........._of ute. ...... G. .......................................... ._,.. State of Dlimtesota: s Yks.1.. c ...... hw c_!.S_ ...............__......_. hrrrb;/ uppt .... for a. (irrnse for the germ ................ofI e , .......... �......... _ . ......... from llo f,o.le my -'f l�'r�. .... d a y a y /........_..S.�lo.l..ert. u , ly `l._ , r„ soft At Retail Only, Non- lutoxicating AIult Liquors, us the snow are deemed by late, Jor tonsamption "(IX" tluae tertaln preodrrs 1n fhe _....... _ _..... G 1 . #`........_... of...._.._klk._c�l on / .. I .... .. drsrr::rd us /OI(uuw, (a- u•il :...... ......... f )nnw144- Tali I • ut u•1: i:h pion• au id upp(irunE..... ofKrub_....t /le businw 0 1.1 - - - .. A.._ ..... ... _........ .. ............ __..... . __. .._........... .......................... _.. ......... ................ ..... . _ . .. _....._..:.. a n,l !.1 li: u: end rrprrern l_...ulul stula......w /uLluwa: Ti:,:f said .......... ......... ...._eitizen_._....I /the Uniled.'lutes; u/ &w1 moral eharurter wnf rrr -:'r, um[ h. _.nitu lned the ate of 21 years; i4al ........................... ................_.............. _. proprietor.. _. uJ the _. —Int /or which the License will be im"d 11 this appliealiun is Omni,,. +:o u".V. rctu ter of such non- inlm6w tint malt liquors has any ownership, in whole or in pa rt, Of said 11 -ml any interest therein; • •.:d «ppl:nurt o+ak, this applicalwa pursuant and subject to all the laus of the State of •..:.u:.l the unlin.ulers and rrtuZulwnd u/ auhl ........... .......___.._........... „...... 'e 1 „ nr h,, a 1. irh ore hereby madd a part hereof, and 1"reby atrce......to abeerre and obry the s..arlr; _.. .... .... _...... ..... __ Illo, ntne aAr rgW,.moty 11.W. N IeeJ «WinWU) .......... . . . .. . .. ... ...._. ....................... _....... '.e:o:nmend approval with restrictions and requirements as in past. ?eer to be sold in cups only. Drivers license I.D. to be required for purchase. {' I beer nut to be consumed off area. �1� -�•: f� <_. •mot,. , li.:rn apphnu+(further amtv, that —he is not now the holder of, norhas 1 Vie f dr applic'n/ ion (ur, __ mh ad I” make appltruliun for a Federal Retail Dealer's Special tar stamp fur the sale of ml...t+. atlnA' (tyuur. Applira n t P. 0..4daress.... k R . Y _.. Bo )e HUTCHINSON POLICE DEPARTMENT MEMORANDUM DATE -3 -90 • TO Gary Plotz FROM Ron Ki r c h o ff SUBJECT Application for Gambling Device License On July 3, 1990 I completed the background investigation on the St. Cloud Wrestlin Club and authorized personnel of that organization, Scott Michael Berger and Scott Barn Kelm. I first contacted the St. Cloud Police Department and spoke to the records supervisor who stated they have had no complaints comcerning the St. Cloud Wrestling Cl I further inquired as to any criminal activity on either Scott Michael Berger Dob711 =I3 or SCott Barnell Kelm Dob/8- 15 -64. The St. Cloud Police Department advised me that the_ have had no contact with the St. Cloud Wrestling Club, Scott Berger or Scott Kelm. I next contacted the Sauk Rapids Police Department, Sauk Rapids, Minnesota and spoke with Officer Tim Roy. Officer Tim Roy stated they have had no criminal dealings with either SCott Berger or SCott Kelm. Officer Roy further stated that it was his belief that SCo Kelm was a Reserve Officer for the St. Cloud Police Department. Officer Roy also state: he personnelly knew Scott Kelm and stated he was a very repetible person. I further conducted a criminal background check through the State of Minnesota on both SCott Berger and Scott Kelm which revieled no criminal activity. Both individuals posess a valid Minnesota Drivers License with no major violations. Based on the following background investigation it would be my recommendation that the St. Cloud Wrestling Club be granted a gambling device license. Re � f��� 1 R. Kirchoff 0 �,...�_.... - 1245 j ST. CLOUD WRESTLING CLUB, INC. GENERAL ACCOUNT / 75- 'SFSI'9,9 y� 468 - 10TH ST., N. 2520891 2[ SAUK RAPIDS. MN 563 19 1c I_ ly TO THI aJ Ml 1Y0 aVE trONE A L:.Or !1 Ll0'A. YM 1 j ST. CLOUD WRESTLING CLUB, INC. 1246 I GENERAL ACCOUNT ( 468 - 10TH ST., N. 252-0891 I SAUK RAPIDS, MN 56379 2 V 19 90 75- 756512919 PAY TO THE -r ORDEROF r ST. 0010 EalwilMLOVEESCESOIT UNION Ea aw.EnAlE `aaar NrO waSt ST.L:EO,q.W.l ME110 G E �I i-4t $ /& DOLLARS -4 y- m 7 _• 0 4 -2' e / � jut 1990 City of Hutchinson F PA ID FEE: $25.00 APPLICATION FOR GAMBLING DEVICES LI 361 ' by: Building Fire Application shall be submitted at PO least _ days prior to the Gambling occasion N "J AND KECC— Name of Authorized Officer of FEame o.* Designated Gambling Organization Manager Hereby submit in duplicate this application for a license to conduct the game ofgamblingin accordance with the provisions of the City of Hutchinson Ordinance NO. 655 and Minnesota Statutes Chapter 349 for the license year ending Signatt�i'es: PvOthorize I cv Of1 of Organization Designated Gambling Manager of organization A. The following is to be completed by the duly authorized officer of the organization: 1. True Name: &?P6C� Sccrr /l;ckdei (last) (first) (middle) 2. Residence Address: 322.5 - 12 1 E 'S7 •Ak. A0. �' ? d4A) .CL-4n/ (street) (city) (state) (zip) 3. Date of Birth: II l 3 4. Place of Birth {� �sr ln/r P � )P, (mo /day /year) (city /state) 5. Have you ever been convic . d of any crime other than a traffic offense? Yes No If Yes, explain B. The following is to be completed by the designated gambling manage: of organization: J/ 1. True Name: k4zw -, 5wr � N� (last) (first) (middle) 2. Residence Address: 5 7 .411 1 .— S4 4 '4Y14Seik)"U 50 p (street) (city) (state) (zip) 3. Date of Birth: p— 15 6� 4. Place of Birth: 5 CT Cc�S _otirL (mo /day /year) (city /state) 5. Have you ever been convicted of a crime other than a traffic offense? Yes No If yes, explain 6. How long have you been a member of the organization? Attach a copy of the official resolution or official action designating you gambling manager. C. Game Information: 1e. Flace where gambling devices will be used 2. Date or dates gambling devices will be used5 -S,? /,Hjb�j(/ES -S q (date and /or day(s) 3. Hours of the day gambling devices will be used: of week) From To A.M. 4. Maximum number of players 5. Will prizes be paid in money or merchandise? 0VC/ 4 6. Will refreshments be served du3ing the time the gambling devices will be used? Yes l/ No If so, will a charge be made for such refreshments? Yes -!�— NO D. Organization Information: 1. Address where regular meetings are held 2. Day and time of meetings 3 RfJ r +bS" cf r� h7/ Ar 1 7 3. Is the applicant organization organized under the laws of the State of Minnesota? Yes No 4. How long has the organization been in . existence? $ /9g3 - y rr 4a. How many members in the organiza - f /U - 7yE� ►�¢S 5. What is the purpose of the organization? pR urJz - FS �lk�°rwl� 6. Officers of the Organization: Z�v 71Z 5Wte- Name Address Title 5��6�7."- 3zZ5 -1 L»` sr .Nc I�jOf•�`S -- ST- CLcx,ICl, CffA&&S CcCuR — 57-4o -We57 Iczk- t�,V,rWu KFC.ti — 7. Give names of officers or any other persons paid for services to the organization: Name Address Title Z « "fS�R�C�ac Mr'r IGJ J }� -lC'� lvC, rKwRJ �/Zi�c —Sr?uK I<n+''rVS 'Stt Try ?Y� h D. Organization Informations (Continued) 8. In whose custody will organization records be kept? Name Sceir At., Address el* lGr'S r- ole .Sf«k�it 7J�.., 9. If the organization carries sufficient insurance to compensate the players in the event any injury is sustained by players while gambling devices are 'used, or while on the licensed premises, please state the Name of Insurer - ZvOada Z02 p, and Policy No. f22�3'al 10. Have you (Manager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing � the operation and use of gambling devices' 11. Attach a list of all active members of the organization. E. The following information is provided concerning a fidelity bond given by the gambling manager in favor of the organization. 1. Name of bonding company :VAJ Sitfkt y/ C6 I - - 331 - 405 3 2. Address of bonding company So. N K 5o7`]-5 -A Gius �SC,4V IdMCcnl 571 r7 -_` 3. Amount and duration of bond 19/0 CC0 /ye*4 'YS�Z98 • � Application is hereby made for waiver of the bonding requirements. Yes No I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the Ci Ordinance No. 655 relating to gambling, and I will familiarize myo� with the contents thereof. aignaLUre of a Dates ( To Subogribed and sworn 19 ?. a Commission expires day of 0 Subscribed and sworn to before me a notary public on this day of 19 Signature of Notary Public Commission expires on & Social Security Number: WK67, KV Business ID Number: 2q3 9 32`7 RZJ 770 -floP �7 Off icer of organitzatioa _ ^ JUL 1990 tz Fee: $ 10.00 AFPLICATIOI� FOR BII:CO LIC_ •• (��� :owed Zy: 20d6�a��u' -ld4- ng - -- Fire Application shall be submitted at least Police_ days prior to the bingo occasion fir I, XS,-, AND I _ c = — , of Autno ;zed Officer me of tee D1n o i:ana^ Designer g e :ereby submit in duplicate this application for a license to eenduct the game of bingo in accordance with the rrovisions of City of Euichir.son Ordinance Nc. 655 and Minnesota Statutes Chapter 34 for the license year ending Signer zs: Q r - /d tlffbrized Officef - of Organization Designated Bingo Manager A. The following is to be completed by the duly authorized officer • of the organization: 1. True Name: 1 - 7) e.► • (last) (first) (middle) 2. Residence Address: 3VS-I2 ST..o - 4r 1�S sT cof, 2 &&/. 5 630 l street (city) (state) (zip coo 3. Date of Birth: 13- C7 4. Place of Birth Ce�eS �t (mo. ) (day (year) city & state 5. Have you ever been con vted of any trine other than a traffi offense? Yes NO ic. If yes, explain B. The following is to be completed by the designated bingo manager of organization: t/ c 1. True Name: (�EGtn J CZ/7 — 66&�te. (last // (first) (middle) 2. Residence Address: S ? Sr 1 "iaa ofil•5 ( street) city state zip code) 3. Date of Birth: �- lJ - G 4. Place of Birth: •Cie /V (Mo., day & year) city &•state 5. Have you ever been convicted of any crime other than a traffi ~Tease? Yes NO If yes, explain • 6.. flow long have you been a member of the organization? �") Attach a copy of the official resolution or offic action designating you bingo manager. C. G Information: (1) Place where bingo games will be played 2. Date or dates bingo will be played S4711ZT" S& /' 17g0 _ fl'48'S (date and /or ' day(s) of week 3. Hours of the day bingo will played: From A.M. to /O f �' ��' 4. Maximum number of players 150 pt� ro f r2 �5 ,A oAL _ 5. Will prizes be paid in money or merchandise? MOP.�ff 6. 1: refreshments be se ved during the tine the ga =es are being conducted? Yes No If so, will a charge be Lade for such refreshments? Yes NO D. Organization Information: 1. Address where regular meetings are held 5 / 3- mri�[C�2.x�N SrCC OuU 2. Day and time of meetings 3�nc�rlQrh� o� Eyt�eYs .vnf ' QS 3. Is the applicant organization organized under the laws of the state of Minnesota? Yes f/_ No 4. How long has the organization been in existence ?S ENT•1953= 7� e�t? 4a. How many members in the organization? HO IhEm &-A S 5. Vhat is the purpose of the organization? P Rcn+enr +SuPPoRi �iw�/ k 1Rdz 6. Officers of the Organization: I T SnKe T 1' • 7. Give names of officers or any other persons paid for services to the organization: Name Address Title V L-g Sc F►nurz bZ g ZI rvNtq C4n4t WtAACIr G/ladc R /Sc R/CoAC�S' NA4Ztca SHArdKEe lOtB Na (3 r& 044? 5A-+K. "-45 S Social Security Number: mw Kcz-nn ^Di Business ID Number: z y 3 g 3 Zj 6 - 4 , n yI- /62 ,j0 i 0 D. 07Eanizatior. info: - at`_ or. : (CC E. In whose custody will crgan.ization reccr:s be }:ept? Name 5 11 ItEZ✓s^ A d d r e s s "la � ST. /Uc S/IL4K Yd loi; . 9. If the organization carries sufficient insurance to coapensat the players in the event any injury is sustained by players w participating in the bingo game, or while on the licensed premises, please state the CApInc 1 ?came of Insurer-rrJwrA4;,7"CtAJ- and Policy No. 1 2 2 7 3 - 0 ) 10. Have you (,'.tanager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation of bingo games? Attach a list of all active members of the organization. E. The following information is provided concerning a fidelity bond given by the bingo manager in favor of the organization: 1. Name of bonding_ company (�ifC �jz72/I� SU�F/� COFIIrt/1� l - �� 2. Address of bonding company � 117'` 8cu cW- it-z �5 �cx do 57 3. Amount and duration of bond x`/0,006 eLnLn ��Z�B yS„ Application is hereby made for waiver of the bonding requirements. Yes No I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance NO. 655 relating to bingo, and I will familiarize myself/3nth t))e contents thereof. e oY ailthorized officer of organizat Date: G - /�9�i Subscribe and sworn to bef e me a n te ary Day of 2.9 ?el / Signatur of Not Commission expires of C Subscribed and sworn to before me a notary public on this Day of , 19_ Signature of Notary Public Commission expires on 0 PUBLISHED IN THE HUTCHINSON LEADER, HUTCHINSON, MINNESOTA, ON TUESDAY, JUNE 26TH, 1990 PUBLICATION NO. 4137 NOTICE OF NEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 262 LETTING NO. 7 PROJECT NO. 90 -15 Hutchinson, Minnesota June 26th, 1997 TO WHOM IT MAY CONCERN: Notice is hereby given that the Council will meet at 8:00 P.M. on the 10th day of July, 1990, in the Council Chambers at City Mall at Hutchinson, Minnesota, to pass upon the improvement of T.H. 15 (Main Street) from T.H. 7 to the North City Limits by the Construction and Reconstruction of Sanitary Sewer, Watermain, Service Connections and Appurtenances in Conjunction with Minnesota Department of Transportation Reconstruction of T.H. 15. You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Administrator. No interest shall be charged if the entire assessment is paid by October 1st, 1990. You may, at anytime thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 9 percent per year. The right to partially prepay the assessment shall be until October 1st, 1990. The proposed assessment is on file for public inspection at the City Administrator's Office. The total amount of the proposed assessment is f Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: The City will present its case first by calling witnesses who may testify by narratives or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neithe side has further questions. 2. After the City has presented all its evidence, the objector may call • witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objector's witnesses. A. PUBLICATION NO. 4137 PAGE 2 3. The objector may be represented by counsel. 4. Minnesota rules of evidence will not be strictly applies; however, they may be considered and argued to the Council as to the weight of items of evidence or testimony presented to the Council. 5. The entire proceedings will be tape recorded. 6. At the close of presentation of evidence, the objector may make a final presentation to the Council based on the evidence and the law. No new evidence may be presented at this point. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Administrator. Under Minnesota Statutes, Sections 435.193 to 435.195, the Council may, In its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the-requirements of the law and the resolution adopted under it may, within 30 days of the confirmation of the assessment, ap to the City Clerk, for the prescribed form for such deferral of payment of this special assessment on his property. i s Gary D. Pldtz,'City Administrator City of Hutchinson, Minnesota 11 (612) 587 -5151 HUTIH CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 ASSESSMENT HEARING T.H. 15 NORTH IMPROVEMENTS Letting No.7 / Project 90 -15 ASSESSMENT ROLL NO. 262 July 10, 1990 - 8:00 pm CONSTRUCTION AND RECONSTRUCTION OF SANITARY SEWER, WATERMAIN, SERVICE CONNECTIONS AND APPURTENANCES Total City Construction Cost $185,309.47 Project Expenses $ 35,208.80 TOTAL PROJECT COST $220,518.27 PROJECT COST BREAKDOWN • City Cost Sanitary Sewer Construction Watermain Const: One Sided Benefit Previously Paid, Other Restoration Costs Storm Sewer Total City Cost Total Assessed Cost TOTAL PROJECT COST $ 44,206.71 $ 15,343.51 $ 91,471.35 $ 14,631.20 $ 7,009.11 $ 172,661.88 S 47,856.39 S 220,518.27 ASSESSMENT RATES Water Service $ 547.96 /Each Sanitary Sewer Service $ 546.95 /Each Curb & Gutter, Surfacing $ 16.58 /Front Foot 8" Watermain Lateral $ 11.83 /Front Foot 8" Sewer Service to M.Academy $3,137.10 /Each PAYMENT OPTIONS Full Payment without Interest by October 1, 1990 • Full Payment with Interest through 1991 after October 1, 1990 Assessment on Tax Roll, 10 Years With Interest, Equal Principal Deferment for Property Owners over 65 Years Old � / /7/' RESOLUTION ADOPTING ASSESSMENT . RESOLUTION NO. 9297 ASSESSMENT ROLL NO. 262 LETTING NO. 6 PROJECT NO. 90 -15 T " - "v WHEREAS, ~~ pursuant to notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for improvement of T.H. 15 (Main Street) from T.H. 7 to the North City Limits by the Construction and Reconstruction of Sanitary Sewer, Watermain, Service Connections and Appurtenances in conjunction with Minnesota Department of Transportation Reconstruction of T.H. 15. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINS.ON, MINNESOTA: 1. Such proposed assessment, revised 7 -10 -1990, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute . the special assessment against the lands named therein, and each tract of land therein included in hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1991, and shall bear Interest at the rate of percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from October 1st, 1990, until the 31st day of December, 1991. To each subsequent installment when due, shall be added Interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 1st day of October, 1990; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15th, or interest will be charged through December 31st, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. - Adopted by the Council this 10th day of July, 1990. 11 ity Administrator yor { i t a ASSESSMENT ROLL NO. 262 LETTING NO, 7, PROJECT NO. 90 -15 PAGE NO. �- CONSTRUCTION AND RECONSTRUCTION Of SANITARY SEWER, COMPILED BY: JOHN P. ROOEBERG WATERHAIN, SERVICE CONNECTIONS AND APPURTENANCES COMPUTED BY: JOHN P. RODEBERG OR T.X. 15 NORTH (MAIN STREET) FROM I.N. 7 TO NORTH CITY LIMITS CHECKED BY: CAL RICE REVISED 7 -10 -19911 WATER SERYTICE (W) COST SEVER SERVICE (SI COST CURB 6 GUTTER 6 SURFACING (C) /F.F. 8' WATERNAIN (SW) /F.F. 8 SEWER SERVICE IRS) NUMBER OF YEARS SPREAD: $ 547.96 s 546.95 $ 16.58 % 11.83 s 3,137.10 10 t ACCT. CITY PTO NUMBER LOT BLOCK WATER SEWER CAG 6 SURF 8' WATERMAIN 8' SEWER TOTAL NO. COUNTY PTO NUMBER NAME 6 ADDRESS OF OWNER ABOITION OR SUBDIVISION NO. NO. SERVICE SERVICE FRONT FOOT FRONT FOOT EACH ASSESSMENT 01 31- 717 - 29-03-0070 Minn. Conf, of 7th Be, Adventists E-ly 1/1 of 22 E% 30 AC. ( 7384 Kirkwood Court Aud. Plat .S I/2 Sec. 30 6 23 -238 -0130 Maple Grove, RN SS369 N I12 Sec. 31 632.0 $ 7,476.56 3 02 31-117 -29 - 06 -0010 Minn. Conf. of 7th Day Adventists 30. AC of E'ly IN of 22. Aud. 665.0 1 f 7304 Kirkwood Court Plat of Lot 10, Aud. Plat DEFERRED 23-232 -0210 Maple Grove, AN 55369 S 1/2 Sec. 30 A N 1/2 Sec. 31 $7,866.95 $3.137.10 s 11. 04.05 Y 03 31- 117-29-07-0410 Minn. Conf. of 7th Day Adventists P • t 7384 Kirkwood Court Aud. Plat of Lot 10, Aud. Plat s 23- 232 -0010 Maple Grove. MN $5369 S 112 Sec. 10 6 N 1/2 Sec. 71 1 1 1 61.8 f 2,119.55 04 31- 117 -29 -07 -0420 Minn. Conf. of 7th Day Adventists 7384 Kirkwood Court Aud. Plat Lot 10, Aud. Plat of 23- 232 -0020 Maple Grove, MN 55369 S 112 Sec. 30 6 N 112 Sec. 31 2 1 1 65.2 $ 2,175.93 OS 71-117 -29 -07 -0970 Minn. Conf. of 7th Day Adventists ' 7384 Kirkwood Court Aud. Plat Lot 10, Aud. Plat of 23- 232 -0030 Maple Grove, MH 55169 S 1/2 Sec. 30 6 N 112 Sec. 31 7 1 1 70 $ 2,255.51 06 31- 117 -29 -07 -0440 Alexander 6 Connie Saloum Part of Lot Id. Aud. Plat Lot 825 Main St. No. 10, Aud. Plat S 1/2 Sec. 30, t 23-232-0160 Hutchinson, MN 55350 N 112 Sec. 31 1 1 12 $ 2,288.67 i Y 07 31- 117-29 -07 -0450 David 6 Karla J. Reece 831 Main St. No. Add. Plat Lot 10, Aud. Plat f 23- 232-0040 Hutchinson, MN $5350 S 112 Sec. 30 6 N I12 Sec, 31 4 1 1 50 0.0 $ 1,923.91 ! 08 31- 117 ^29 -07 -0460 Minn. Conf. of 7th Day Adventists A p 7784 Kirkwood Court - Aud. Plat Lot 10, Aud. Plat 23- 232 -0050 Maple Grove, MN 55369 S 112 Sec. 30 $ N 112 Sec. 31 5 1 1 66 0.0 $ 2,189.19 t 4 09 11- 117 ^29 -07 -0170 Min". Conf, of 7th Day Adventists Lot 6 A Part Lot 1, And. Plat 7384 Kirkwood Court lot in, Aud. Plat S 112 Sec. - 23432 -0060 Maple Grave, MN 55369 30, N 112 Sec. 31 1 1 66 S 2,189.19 i 3 ■ A� ASSESSMENT ROLL NO. 262 LETTING NO. 7, PROJECT NO. 90 -15 WATER SERVIICE (N) COST PAGE NO. 2 CONSTRUCTION AND RECONSTRUCTION OF SANITARY SEVER, SEWER SERVICE (S) COST COMPILED BY: JOHN P. RODEBERG WAIERMAIN. SERVICE CONNECTIONS AND APPURTENANCES CURB It GUTTER 6 SURFACING (C) /F.F. COMPUTED BY: JOHN P. RODEBERG ON T.N. 15 NORTH (MAIN STREET) FROM T.H. 7 TO NORTH CITY LIMITS B' NATE MAIN (BW) /F.F. CHECKED BY: CAL RICE REVISED 7-10 -1990 8' SEWER SERVICE (8S) NUMBER OF YEARS SPREAD; S S47.96 S 546.95 S 15.58 f 11.83 S 3.137.10 10 ACCT. CITY PID NUMBER N0. COUNTY PID NUMBER NAME 8 ADDRESS OF OWNER 10 31 -117- 29-07-0560 Kenneth 6 Arlan LOvald 965 Thomas Ave. 23- 088 -0010 Hutchinson, MN 55350 11 31- 117 -29- 07-0570 David Schrupp 735 Main St. No. 23- 088-0020 Hutchinson, NN 55350 12 31- 117 -29 -07 -0580 Yillina 6 Elaine Post 725 Main St. No. 23 -088 -0030 Hutchinson, MN 55350 13 31-117-29 - 07-0590 Donovan R. 6 Esther Chaffee 715 Main St. No. 23- 088-0000 Hutchinson, MAY 55350 14 31 -117- 29-07 -0600 Janes 6 Constance Lindeneyer 705 Main St. No. 23-088 -0050 Hutchinson, MN 55350 15 31- 117 -29- 10-0300 Gerald A Wendt Thorson 'S -5th Ave. M.E. 23 -063 -0010 Hutchinson, MN 55350 16 31- 117 -29 -10 -0310 David 6 Terri Kramer 505 Main St. NO. 23 -063 -0030 Hutchinson, MN 55350 17 11- 117 - 29-10-0320 Galen A Lynn Mercer 527 Main St, No. 23 -063 -0040 Hutchinson, MN 55350 18 31- 117 -29 -10 -0330 pales Llckfett Se5 Main St. No. 23 -063 -0050 Hutchinson, MN 55350 LOT BLOCK WATER SEWER C66 6 SURF 8' WATERMAIN 8 SEWER TOTAL ADDITION OR SUBDIVISION NO. NO. SERVICE SERVICE FRONT FOOT FRONT FOOT EACH ASSESSMENT College Addition 1 I 1 1 s 1,094.91 4 College Addition 2 1 1 1 S I.CF4,91 !t Lot 3:EV T.N. 15, College Addition I 1 1 F 1,094.91 Lot 4 EX I.N. I5, College Addition 1 1 1 S 1,094.91 Lot 5 EX I.N. 15. College Addition I 1 1 F 1,094.91 Lot A " E72.73 Aud. Subd. Blk. 5, N 1/2 City S I 1 S 1,094.91 Aud. Subd. of 81k. 5, N 112 City 0 5 1 1 $ 1,094.91 Aud. Subd, of Blk, 5, N 1/2 City C 5 1 1 $ 1,094.91 Lot 0 EX 1166', Aunt. Subd. of Elk. 5, N 1!2 City 5 1 1 S 1,094.91 am(/ ASSESSMENT ROLL NO. 262 LETTING NO. 7, PROJECT NO. 90 -15 HATER SERVIICE IN) COST 6 547.96 PAGE NO. 3_ CONSTRUCTION AND RECONSTRUCTION OF SANITARY SEWER, SEWER SERVICE (S) COST F 546.95 COMPILED BY: JOHN P. RODEBERG YATERMAIN, SERVICE CONNECTIONS AND APPURTENANCES CURB 6 GUTTER B SURFACING M /F.F. 6 16.58 COMPUTED BY: JOHN P. RODEBERG ON T.N. 15 NORTH (MAIN STREET) FROM T.N. 7 TO NORTH CITY LIMITS 8" WATER14AIN (811) /F.f. S 11.83 CHECKED BY: CAL RICE REVISED 7 -10 -1990 8" SEWER SERVICE IBS) f 3,137.10 NUMBER OF YEARS SPREAD: 10 ACCT CITY PTO NUMBER LOT BLOCK WATER SEWER CAB 6 SURF B' WATERMAIN B" SEWER TOTAL NO. COUNTY PTO NUMBER NAME 6 ADDRESS OF OWNER ADDITION OR SUBDIVISION N0. N0, SERVICE SERVICE FRONT FOOT FRONT FOOT EACH ASSESSMENT 19 31- 111-29 -11 -0010 Ronald 6 Jonine Monson 646 Main St. No. 23 -065 -0010 Hutchinson, MN 55350 Rearrg. of Blk. 6, N 112 City 2 6 1 1 4 1,094.91 20 31-117- 29-11-0020 Be. Nielson 540 Main St. No. 23-065 -0020 Hutchinson, MN 55350 Rearrg. of Blk. 6, N 112 City 1 6 1 1 $ 1,4.91 21 31- 117 -29 -11 -0030 L. W. 6 Agnes Ulrlch !'R 536 Main St. No. Lots 4, 6 and B. 23 -065 -0030 Hutchinson, MN 55350 Rearrg. of Blk. 6, N 112 City 6. 1 1 s 1,094.91 22 31- 117-29 -11 -0040 Michael Janke 506 Main St. No. 23 -065 -0040 Hutchinson, MH 55350 Rearrg. of Blk. 6, N 112 City 7 6 I 1 6 1,094.91 TOTAL ASSESSMENT ROLL NO. 262 - LETTING NO. 7 - PROJECT NO. 90 -15 6 47,856.39 Naaf� PUBLICATION NO. • ORDINANCE NO. 90 -24 2ND SERIES AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 6.26, SUBD. 3(E) GOVERNING BINGO; AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. City Code, Sec. 6.26, Subd. 3(e) entitled "Special Bingo Regulations" is hereby amended to read: E. Special Bingo Regulations. Bingo shall only be conducted by an organization which has been in existence for at least three (3) years, has at least thirty (30) active members and on premises which it owns or leases. Section 2. City Code, Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption and publication. • Adopted by the City Council this _ day of 1990. Mayor Attest: City Administrator First Reading June 26, 1990 Second Reading July 10, 1990 Published in the • on 74 RESOLUTION NO. 9290 CITY OF HUTCHINSON • RESOLUTION FOR PURC}L1SE The Hutchinson City Council authorizes the purchase of the following: _ _ COS:' i PURPOSE DEPT. BUDGET VENDOR Televise 10,000' of Sewer 3,480.00 Sewer Maintenance WWTP Yes Visu -Sewer Diesel Fuel ,435.9 Diesel Engine Operation I 1 Street f Yes Schmeling Oil Co. Water Meters 3,261.6C Resale I Water { i I Yes Water Products Co. The - Items were authorized due to an emergency need: i:LM COST PURPOSE DEFT. j j vENDCR Date Approved: _ July 10, 1990 O fotion made by: Seconded by: Resolution submitted for Council action by: RESOLUTION DECLARING PART -TIME POLICE PATROL OFFICERS ELIGIBLE FOR THE PERA POLICE AND FIRE FUND RESOLUTION NO. 9291 WHEREAS, the City of Hutchinson, Minnesota has employed certain part -time police officers to work as police patrol officers in the Police Department; AND WHEREAS, these officers perform the same duties as full - time police officers who are covered under the Minnesota PERA Police and Fire Fund; AND WHEREAS, these certain part -time police officers qualify under Minnesota Statutes, Section 353.64, Subdivision 2, as peace officers engaged in the hazards of protecting the safety and property of others and who have the power to arrest by warrant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That the Hutchinson City Council hereby declares that effective May 19, 1990, that part -time officer Richard Steuck, • a police officer as defined by Minnesota Statute, Section 353.64, Subdivision 2, become a member of the PERA Police and Fire Fund. Adopted by the City Council this 10th day of July, 1990. Paul L. Ackland, Mayor Gary D. Plotz, City Administrator • • RESOLUTION DECLARING PART -TIME POLICE PATROL OFFICERS ELIGIBLE FOR THE PERA POLICE AND FIRE FUND RESOLUTION NO. 9292 WHEREAS, the City of Hutchinson, Minnesota has employed certain part -time police officers to work as police patrol officers in the Police Department; AND WHEREAS, these officers perform the same duties as full - time police officers who are covered under the Minnesota PERA Police and Fire Fund; AND WHEREAS, these certain part -time police officers qualify under Minnesota Statutes, Section 353.64, Subdivision 2, as peace officers engaged in the hazards of protecting the safety and property of others and who have the power to arrest by warrant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That the Hutchinson City Council hereby declares that effective June 1, 1990, that part -time officer Scott Schuette, • a police officer as defined by Minnesota Statute, Section 353.64, Subdivision 2, become a member of the PERA Police and Fire Fund. Adopted by the City Council this 10th day of July, 1990. L. Ackland, Mayor Gary D. Plotz, City Administrator • 7T 0 RESOLUTION NO. 9294 A RESOLUTION ACCEPTING $137,500 FROM HUTCHINSON UTILITIES COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: THAT a $137,500.00 transfer from the Hutchinson Utilities Commission to the City of Hutchinson's General Fund and Capital Improvement Fund is hereby accepted. Adopted by the City Council this 10th day of July, 1990. • Paul L. Ackland Mayor ATTEST: Gary D. Plotz City Administrator • 7—z--7, RESOLUTION NO. 9295 AUTHORIZING RELEASE OF PLEDGED SECURITIES FROM FIRST BANK OF MINNESOTA WHEREAS, the First Bank of Minnesota, a city depository, has requested release of the following securities under the collateral agreement with the City of Hutchinson: NO. DESCRIPTION MATURITY AMOUNT 313586SZ3 FNMA 7 -10 -90 $100,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 0 THAT the City Administrator be authorized to release the requested securities. Adopted by the City Council this 10th day of July, 1990. Paul L. Ackland Mayor • ATTEST: Gary D. Pltoz City Administrator —F DAVID B. ARNOLD is CHARLES R. CARMICHAEL" W RY D. MCDONELL STEVEN A. ANDERSON O. BARRY ANDERSON' STEVEN S. HOPE LAURA E. PRETLAND DAVID A. HRUEOOEMANN PAUL D. DOVE JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD O. MCOEE TIMOTHY W. FAFINSKI June 6, 1990 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Dakota Rail, Inc. and the City of Hutchinson Our File No. 3188 -88 -0079 Dear Gary: ARNOLD & MGDOWELL ATTORNEYS AT LA W 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 (812) 587 -7575 TELECOPIER(812) 581 -4006 RESIDENT ATTORNEY O. BARRY ANDERSON N ,A� By..._...... )� N OF O .SZL WILLIAM W. CAMERON CHARLES CLAYTON GARY W. BEGEER 5861 CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 55416 (612)595 -0000 MN TOLL PRE BOO - 343 -4545 TELECOPIRR(612) 545 -1703 501 S9UTH FOURTH STREET PVINCETO MIBNESOTA 55371 J 12)380 -2214 l�I TE OPIEB (612) 380 -5506 � C s " F678g f I am enclosing a copy of my correspondence to the City dated December 1, 1989. This matter was on the City Council agenda at that time, but litigation was ongoing between the Regional Rail Authority and other parties and frankly, we were not having any success getting any action out of the trustee. I believe it is appropriate to try and negotiate these issues at this time with the current owners of the railroad. Also, as you know, the railroad has property in the ShopKo project area and I believe the committee has met with the new owners of the railroad and an understanding has been worked out in that regard. I am in the process of preparing an option to be sent to Dakota Rail, Inc. on that aspect of this matter. However, the issues involving the railroad as outlined in my letter of December 1 have not been resolved, although certain understandings were reached with Mr. Ross. The following are my thoughts on this matter: 1. I suggest that an agreement be reached, at no expense to the City, allowing the Michigan Avenue, James Street and Les Kouba crossings or roadways. I have confirmed with the State of M-- rota that the Michigan Avenue crossing was approved as part of the public right -of -way, but for some reason no lease was ever prepared. The James Street crossing, while a new crossing, replaces another crossing which was closed so it would seem to me that it would not be necessary for the City * CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary D. Plotz • June 6, 1990 Page 2 to pay for a crossing having given one up in exchange for acquiring another. On the Les Kouba issue, I don't think it is at all clear which came first, the railroad or the parkway, and since the operation of either does not seem to affect the parties, I suggest that we simply agree that the roadway can remain in place and the railroad can remain in place without either party owing anything to any other party. 2. There is a clear crossing of railroad right -of -way with a utility line near the wastewater treatment plant. It would seem to me appropriate that the City pay for this crossing based on the formula worked out by Clarence at the Utilities Commission. 3. There is a question in my mind as to who owns the real estate next to the river. I suggest that one possibility might be to have the City acquire the now condemned bridge, agreeing to undertake demolition, replacement or repair as determined to be appropriate by the authorities, and in exchange for that • acquisition, the City would either acquire any fee interest the railroad might have or acquire an easement to the property between Bluff Street and the north or east side of the river. Ordinance No. 107 seems to make reference to trackage running along Second Avenue North, but it doesn't say anything about the right -of -way immediately east of Second Avenue North, across the now condemned bridge and over to the Bluff Street area. 4. I note in reviewing my file a reference to Lind Street. I am enclosing a copy of Gene Anderson's letter of June 9, 1988 addressed to Tom Lovett. I do not have a copy of the agreement that is referred to in Gene's letter. Was this question ever resolved? Afo1 Ny kw y jed e- f j 5. I an enclosing and sending to you a copy of Gene Anderson's letter to me of July 19, 1988 and attached proposed easements. Were these matters ever resolved? I believe I advised Gene that the language was not acceptable, but my file does not reflect that he got back to me on this issue. 6. An easement will also have to be negotiated with the railroad for the Luce Line Trail and Gopher Campfire Conservation Club. I am enclosing a copy of Mark Schnobrich's memorandum to me of August 30, 1989. Was an agreement ever reached with the • Gopher Campfire Club regarding when trail traffic must be rerouted or to what location trail traffic should be rerouted Mr. Gary D. Plotz June 6, 1990 Page 3 t rerou d or to what locat'on trail traffic should be rerouted to? Who was to build t)16 nesting sites as referred to in Item 2 of the memorandum? As any of this been accomplished? I would suggest that the easement simply be granted by the railroad without any fee since the access to the water can't be of any significance to them (they don't own any additional real estate in the area, as I understand it). The "y" was simply used for backing up trains and I don't believe it has any further utility to the railroad. They may wish to preserve its use for some future date, however. As you may recall, Glacier Properties, a Burlington Northern Division, provided the basis for permit fees charged in Minnesota. Basically, under the procedure adopted by the utilities, there is a one time charge of $450 per permit, which includes origination fee and all charges. No money was charged for permits and public crossings as you cannot charge for what you don't own. There is a somewhat more complicated formula to calculate the amount of the permit for longitudinal. • Other than the ShopKo area, I believe the above constitutes all of the areas in dispute between the City of Hutchinson and Dakota Rail. I am providing a copy of this correspondence to the engineering department with enclosures for their review as some of the issues will need their attention. Perhaps this matter could be placed on the next City Council agenda for discussion. Thank you. Best personal regards. Very truly yours, ARNOLD G. Barry Anderson GBA:lm Enclosures CC Engineering Department • DAVID D. ARNOLD CN4RLE5 R. CARMICHAEL GARY D. M•DOWELL STEVEN A. ANDERSON G. BARRY wNPERSnK STEVEN S. HOOF LAURA R. FRETLAND DAVID A. BRUEGOEMANN JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD G. H2OEE December 1, 1989 ARNOLD & MGDOWELL ATTORNEYS AT LAW 101 PARE PLACE HOTcHIN50N, MINNESOTA 55350 (012) 587 -7575 TP.LECOPIER 4012) 5#17.4GOG RESIDENT ATTORNEY O. BARRY ANDERSON Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Dakota Rail, Inc. and City of Hutchinson Our File No. 3188 -88 -0079 Dear Gary: uP a.YN%S I. WILLIAM W. CAMERON PAUL D. DOVE 5991 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55410 (012) 545 -9tN)0 HN TOLL FREE BOO - 040 -46A5 TELECOPIER(#1121545.1750 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55.171 (012) OHM- 2214 TELECOPIER (6I2) one - 5500 I need some advice and direction from the City regarding the status of the above referenced matter. Let me summarize the situation. It appears that the City has approximately six areas of dispute with Dakota Rail, Inc. which are as follows: 1. Michigan Avenue This is a railroad crossing that the City constructed some years ago, perhaps in the 1970 apparently with the permission of Burlington Northern. I am not aware of any written lease agreements between BN and the City nor any oral understandings that were confirmed in writing. Perhaps the engineering department has some written documentation on this particular area which hasn't yet turned up. I would appreciate it if you would instruct whoever is responsible for searching those I records to make an examination. I believe Gene was going to look for records, but I don't know if that ever happened. 2. James Street This is a new crossing the City opened up in the summer of 1988, after closing an alternative cr, .ng. I don't believe there was ever an agreement with Dakota Rail to authorize the opening or an agreement on the amount to be paid, if any, for the crossing. This • particular crossing, unfortunately, is not part of the 1879 plat. /,), Mr. Gary D. Plotz December 1, 1989 . Page 2 3. Forcemain crossing near wastewater treatment plant This is a clear crossing of railroad right -of -way with an underwater utility line. I believe this was done with the understanding that any easement agreements would be negotiated later. 4. Crossing /encroachment on Les Kouba Parkway This particular dispute is perhaps the most interesting dispute of all of the differences between the railroad and the City. It is clear that Les Kouba Parkway is not part of the 1879 plat. What is not clear, however, is which came first, the railroad or the parkway, and what difference, if any, that determination will make. There are a number of legislative prohibitions against either a municipality or a railroad losing property rights by adverse possession which have been relied upon by railroads and municipalities with varying degrees of success. An interesting part about this particular issue is that there is very little guidance as to what happens when a railroad and a municipality collide on issues of • property ownership. 5. The wheelless railroad car As you know, the railroad car without wheels is blocking a portion of the Luce Line Trail located off of Bluff Street. In reviewing my file, I don't believe anyone has addressed the specific issue of the ownership of the Trail where the railroad car is located. Further, I understand from visiting briefly with Dolf Moon that there are some long range plans to acquire the now condemned bridge which crosses the river and joins with Second Avenue North and to make that bridge a foot passage of some sort. Has anything been negotiated with the railroad regarding the portion of the trail now occupied by the railroad car and ownership or control of the bridge? i 6. Luce Line crossing west of Highway 15 This is the "Y" crossing near the river where the Luce Line Trail crosses railroad right -of -way. I am not aware of any other property disputes between the railroad and the City. If there are other problems, we should bring them to the surface now, get them negotiated and resolved. We do have a timing problem and that is we need to move on this • immediately so that any leases and other arrangements can be agreed • �J Mr. Gary D. Plotz December 1, 1989 Page 3 upon by the December 12, 1989 meeting. I cannot predict what will happen on December 27, 1989. There is the question of what the City is willing to pay, if anything, for these various crossings. I got the feeling from our last City Council meeting that there is some support for the position that the City ought to pay nothing for any of these crossings in view of past City contributions. I'm not certain how realistic this position is, particularly in view of the now much more reasonable position taken by Dakota Rail, Inc. As I indicated, Dakota Rail is taking the position that they will accept $450 for the right to cross in perpetuity. Does the City contend that there should be no payments of any sort for right -of -way crossings? That does not appear to be consistent with past practice nor consistent with what other communities are doing with respect to railroad right -of -way. I visited with Robert Swanson, the Director of Railroad Administration for the State of Minnesota on this issue, and he was of the opinion that, quite frankly, a $450 payment is merely nothing more than a bookkeeping charge so that the railroad is able to keep track where crossings exist and what impairment has been done to railroad right -of -way. Obviously, he recognizes the situation with respect to the City of Hutchinson as it relates to Dakota Rail is unique and may justify different treatment, but the proposed $450 payment is quite reasonable, as far as he is concerned. It might be appropriate to treat the Les Kouba and Bluff Street /Luce Line crossings differently and not pay for those particular items, despite my prior discussions with Mike Ross. Since we don't know who has priority with regard to Les Kouba Parkway, perhaps we simply agree to a lease in perpetuity with no acknowledgment of waiver of the rights of any party and perhaps with respect to the Luce Line /Bluff Street crossing, we simply agree that the City may have the crossing to complete the trail with the understanding that no immediate demand will be made to remove the railroad track along Second Avenue North. I should point out that ordinance No. 107 granted a 20 year right -of -way for the trackage running along Second Avenue North and that 20 year period expired in about 1962. The track may need to come up for other reasons, but at least that might be an interim solution. Finally, on the issue of the railroad and the DNR lease, apparently, the DNR and the railroad have reached a tentative agreement which will involve a swap of land use. Unfortunately, . because some of the monies used to purchase DNR property was purchased with a LAWCON grant, it will be necessary to secure Mr. Gary D. Plotz December 1, 1989 Page 4 federal permission and that may take a year or more. I suggested to Mike Ross that the way to handle this matter is for the railroad to give a one year lease with no cash changing hands which would provide for State indemnity on issues of liability and which would be renewed with the understanding that the swap takes place when all of the appropriate government agencies have given their approval. If no approval is ultimately forthcoming, for one reason or another, the lease would be null and void at that point and the parties could renegotiate at that point. He was agreeable to that end and I am inclined to go along with that proposal. I have distributed a copy of this letter to everyone who would seem to have an interest or knowledge of the facts outlined and I think we should coordinate these discussions through your office so that I know exactly what it is I need to do and so that I an also aware of what has been done. Any agreement reached will need approval of the Trustee. Let's discuss this early next week. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA:lm CC Cal Rice Dolf Moon Honorable Paul Ackland Best personal regards. r� u • CJ PARKS a RECREATION FORESTRY 900 Harrington Street Hutchinson, Minnesota 55350 (612) 587 -2975 SENIOR CENTER CIVIC ARENA 587 -6564 587 -4279 V TO: Barry Anderson FROM: Mark Schnobrich DATE: August 30, 1989 SUBJECT: Easement for the Conservation Club Luce Line Trail and Gopher Campfire The following are items which must be included in a legal agreement between the City of Hutchinson and the Gopher Campfire Conservation Club. (GCC) This agreement will allow the City of Hutchinson and the Department of Natural Resources access to cross the extreme west edge of the GCC Sanctuary for development of the Luce Line Trail. Some of the stipulations the Gopher Campfire Club wants included in the agreement are: 1) Restricted use must be allowed during nesting periods, where by trail traffic will be rerouted around the sanctuary until nesting is completed. Dates of restricted use are approximately April 20th until May 20th. Exact dates and direction of restricted use to be determined by GCC. 2) Nesting sites will be built on the trail for waterfowl and vegetation will be planted by the City of Hutchinson, Department of Natural Resources. A minimum of five peninsulas will be extended into the river along the trail. 3) A reduced speed zone must be posted while traveling through GCC Sanctuary property to insure as little disturbance as possible. This agreement shall allow the public to utilize the trail in accordance with the current DNR State Trails policy for as long as the area is maintained as a DNR State Trail or City of Hutchinson River Trail system. This agreement shall state that all maintenance of the trail shall be the responsibility of the DIV ^qty of Hutchinson. mlh PARKS • RECREATION a FORESTRY 900 Harrington Street Hutchinson, Minnesota 55350 (612) 587 -2975 SENIOR CENTER CIVIC ARE* 587.6564 587.4279 TO: Barry Anderson FROM: Mark Schnobrich DATE: August 30, 1989 SUBJECT: Dakota Rail Easement on Crow River The Department of Natural Resources Luce Line Trail will be improved and rerouted through City of Hutchinson park land. This rerouting will cause the trail to cross over a section of Dakota Railroad property. (See highlighted section of enclosed map). There will be a need to secure easement rights past this area, approximately sixty feet across. Please review and comment. mlh • • rM K. D. U. 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YLLER .Q V N N EK FaKAW ' '- • IY VS 21V IND AV 1 1 p VE N43 4 I 1 YNDAEE A Dp'N _ CF ?ID VE i � 1 4 A A E ^ CLY euYE nAKLAND i 1 � LtMETERY o n E 12 N M ADA x 67 i 1 u [ AYE ° a' E 9+.A:RWOODCq - -- - J 15 r EE IF�E AA E ER nON AVE g '+ 57` a ' fP4 ^ RY A 62 i 58 ,1 •�.� _ 00 I �4 E Anw c VOCATIONAL SCHOOL I V 1 1 5 rM (61?) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST . HUTCHINSON, MINN. 55350 July 19th, 1988 Mr. Barry Anderson City Attorney Arnold & McDowell 101 Main St. So. Park Place Hutchinson, MN 55350 RE: Railroad Crossing Agreements Dear Mr. Anderson: A few weeks ago, I received agreements from Dakota Rail, Inc, for utility crossings beneath railroad trackage. A photocopy of each agreement is enclosed for your review. The agreements are standard form used by railroads. The crossings that are relevant were installed in 1987 as part of the relief sewer project, and are located on 4th Avenue Southeast at Ontario Street, and • on the township road east of the Crow River and south of Arch Street. Both utilities are currently functioning. Please comment as to your reaction to covenant 1, which states in part, that the Railroad can change the permit fee charge at any time, provided 30 days notice is given. Also, please comment regarding covenant 9, which states that the Railroad can terminate the permit at any time and require removal of the utilities. The latter would be disasterous should the Railroad decide to terminate the permit, since the City must cross railroad property somewhere in two locations to render the new system operative. Perhaps an easement could be negotiated with Dakota Rail that would exclude the aforesaid verbage. Your review and comments will be appreciated. Sincerely, CITY OF HUTCHINSON L X V' 04 � "4# 1 Eugen Anderson Director of Engineering EA/pv • enc. CC: Gary D. Plotz, City Administrator PlgliaN No 3001r =� THIS AGREEMENT, made this 1st day of December 19 85 , between DAKOTA RAIL, INC., hereinafter celled "RRllroe0." end City of Natehlnson • w"O" P ost Office add" "it 37 Washington Ave. N„ Hutchinson, NN 55350 hereinafter called "Permithiss WITNESSETH� Railroad, for and in c.,huc erabon of the fee herein provided to be Paid to It by Pemmitt" and of the covenants and Promises herenafur made to be observed and performed by Permittee, does hereby grant to Permnt" license and "minion to eacavare for, construct, maintain and operate 24_ inCh sanitary sewer hereinalter rstarted to as the "facility," upon, along or Wrote the right of way of Railroad, underneath the surface thereof, and under the tracks of its railroad, as the case may be, at or now Hutchinson Stalion, in the County of McLeod . State of Minnesota , to be located as follows, us., crossina at Fourth Ave. SE in Hutchinson (see attached map) as shown i n red on the plat hereto attached, marked Exhibit "A ", dated and by this reference thereto made a pan hereof. • Permlllee m consideration of such license and Permission hereby covenants and promises as follows: 1. Permittee will pay in advance to Railroad for this permit the sum of Th ree hundred twenty -f i ve dollars and no /100 ($325.00) for the first five (5) year period and Two hundred twenty -five dollars and no /100 ($225.00) for each subsequent five (5) years. al» all taxes and assessments that may be levied or assessed against said facility. Railroad reserves the right to change the said charge at any time while this permit remains in effect upon thirty (30) dayi written notice. This provision for paymanl shall in no way restrict Railroad's right of termination under Paragraph 9 hereof. 2. Pennines. at Perm.nee's we cost aid expense, shall excavate IPr, construct, reconstruct, mai and repair the facility placing the same in accordance with the specifications Provided in application dated November 19, 1985 heretofore approved by the Railroad's Regional Manager Engineering. Permits" shall fill in the excavation, and restore the surface of the ground to its previous condition subject to the app'ovat of me superint"I nt of the Owelon of Railroad upon which the facility is located. said Superintendent shall have • the right at any time When in his Judgment it OKper nKeemry be advisable, w require any mtlaefal used in the work to be replaced wafh like material or with material of a more permanent character; also to require additional w,A or change of • location of mid 'agility as a matter of Safety. or of APPaxUga, or on account of addition✓tl checks laid der beirp , rtlr of grade thereof, conrtruction of a building, or for any other mason wh.her or not connected With ter operalgn, mnnsanance, or improvement o' the railway Of Railroad, all of which Shall be done at the expense of Prenmretse an the manner here. provided. 3 Permittee shall give to the said Superintendent at Mast two (2) days advance notice of my wort to be done by Permitter in the excavation, construction, any reconstruction, maintenance, repair, Nape of location or r knwal of the facility, and shall conduct such work in such manner as not to interfere with the maintenance and operation of the railway, of Ra hood. a. In the event that Railroad, Of the request of Permitter or any agent or contactor of Permittee, pr for the protection of its property and operations, does any work, furnishes any material or flagging xrvitt, or incurs any expense whatsoever on account of the excavations for, construction, any reconstruction, maintenance, ge nce repair, cha of kxalion, himpval of the facility or otherwise, Permit" shall reimburse Railroad for the cost thereof within twenty 1201 days after bills we rendered therefor. If the excavation for construction, any rawnstruction, maintenance, repair, charsga of beation, or r emova l of the facility, requires any or all of the following work: removal and replacement of track, bridging, protection of track or other railway facilities by Work or flagging, engineering and /or supervision, such work is to be performed by Railroad employees and the cast borne by Permitt s. 5. In the event any cathodic electrolysis or other electrical grounding system is installed on connection with the facility which, in the opinion of Railroad, in any way interferes with any train signals, telephone or telegraph lines, or other facdnies of Railroad, Permitter, upon being informed by Railroad of such interference shall forthwith discontinue operation of and remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference. Permshee further agrees to indemnify and save harmless Railroad from and against any damages, claims, losses, suits or expenses in any manner arising from or growing out of interference with the signals, telephone or telegraph lines of Railroad by me operation, use or existence of any such grounding system. 6. Permittee shall and hereby releases and discharges Railroad of and from any and all liability for damage to or destruction of the said facility, and any other property of Permittee located on or near Railroad's premises; and shall and hereby assumes any aril all liability for injury to or death of any and all persons whomsoever, including officers, employees and agents of the parties nereto, or loss of or damage to property to whomsoever belonging, including property owned by, • lea.ed to or .n the care, custody and control of the parties hereto, in any manner arising from or during the construction, any reconstruction, use, maintenance, repair or removal of acid facility, however Such injury, death. Mss, damage or destruction alpresard may occur pr be caused; and shall and hereby does indemnify and say. harmless Railroad of and from any and all Clams. demands, suits, actions, damages, recoveries, judgments, costs or expenses wising or growing out of or in connection with any %cf injury, death, loss, damage or destruction aforesaid. Permittee further agrees to appear and defend in the name of Railroad any suits or actions at law brought against it on account of any such personal injuries, death or damage to mouerly, and to pay and satisfy any final judgment that may be rendered against the Railroad in any Such suit w action. The liab tidy assumed by Peunlune herein shall ml be affected of diminished by the fact, if it be a. fact, that any such suit or a..twn brought egainst flaaiu.d uuy arise out of negligence of Railroad, its ulficers, ag -ents, v.v.nts w employees, or be contributed to by such negligence. 7. Permits, shall not transfer or assign this permit without the written commit of Railroad. 8. Nothing heren container shall imply or import a covenant on the part of Railroad for quiet enjoymanr. 9. It is expressly understood and agreed that Railroad may at any time cancel and terminate this license and permission by giving to Permutes that, 130) dayi notice in writing of its Intention to cancel the Same and at the expiration of Such notice this license and permission shall terminate. US)On receipt of Such notice and before the expiration thereof. Permittee, under the supervision and direction of the sad Superintendent, or his authorized representative, shall remove the facility from the right of way of Railroad and restore the right of way and premises of Railroad in a marine, and to Such condition as shall be Satisfactory to the said Sucerintendent of Railroad. If Permittee shall fad to remove IN Ixisity and restore the sad right of way to such condition within Said thirty 1301 day period. Railroad at its option may remove aid vine and hanow, IM Said right of way to its Previous condition, and Permittee mall pay the con and "pen" thereof to Railroad. 10. Upon any failure of Il ittee punctually and sgkAy to observe and Perform the covenants and promises made herein by Permit" 10 be kept and Performed. Railroad may Yerminate this agreemont on An 1101 days' notice to Permdtee. remove the laclllly, and restore the right of way to its preylPGa cpnditill at the cost and dzgme of Pnminea. 11. Any notices given under the provisions of this agreement shall be good it depusited postpaid in a United States post office addressed to Parmmaa at Permdtee's post office address above stated or as otherwise directed by Fermate.. 17. The license and permission herein granted is subject to Permits, leases and licenses. f any, hererof pre .ranted b♦ Railroad affecting the Premises uPOn which said facility is located. Subject to the foregoing provisions, this agreement and all of the covenants and promises thereof, shall inure to the benefit of and be binding upon the parties hereto, their respective executors, administrators, successors and assigns. IN WITNESS WHEREOF, Railroad and Permiitee have executed this agreement the day and year first above written. In Presence of DAKOTA RAIL, INC. - By Ganrral Mmapr — Una CITY OF HUTCHINSON BY; ATTEST; IOFM eoo's ] sa I38 s- FV Frwer I j 1 815 FOURTH AVENUE SE Y _ °O! JAC BORE icy - - -.. — 9I I 5 ► 1--li Pipeline No 3002 THIS AGREEMENT, made this 1st day of . December 19 85 ,between DAKOTA R ".1L, INC., hereinafter called "Railroad ", and City of Hutchinson • whole post officeaddress i• 37 Washington Ave. W., Hutchl nson, MN 55350 hereinafter called "Permntee." 'tii-NESSETH. Ralhoad. for and .o co nsideratlon of the fee herein provided to be paid tp n by Pacmlttee and of the covenants and promises hennindcer made to be observed and performed by Permnlee, does hereby grant to Permntee license and per m isvon to exC va[e fur, Co 1 5lruet, maintain and operate Two 23 -inch sanitary sewer pipelines at Arch Street, Hutchinson, MN (see attached maps) berema Rer referred to as the ° Iaabty;' upon, along or across the right of way of Railroad, underneath the surfape thereof, and under the tracks 01 its railroad, as the case may be at or near Hutchinson Station, in the County of Mr Lpod . Stale of Minnesota . to be located as follows, to -wit as uh_om in red on the plat hereto attached. marked Exhibit "A ", dated and by this reference thereto made a part hereof. • Permntee in convdera GOn of such license and permission hereby covenants and promises as follows 1, Permntee will oay in advance to Railroad for this permit the such of Four hundred fifty d01 I dry ant no /100 ($450.00,, for the first five (5) year period and Two hundred seventy -five and nu /100 (4275.00) for each subsequent five (5) years this permit remains in effect. also all taxes and aaesunents that may be levied or assessed against sad facility. Railroad reserves the ryht to c—a go it it sa, Charge at any tune while this permit remains in effect upon thirty 1301 days' written notice. This provision for paymenl shall hl ou sway r Aficl Raibnad's right of termination under Paragraph 9 hereof. 2. Permiuee, at Psooc ee's sale cult and expense. shall euayale for, construct, reconavuu, maintain and repair the facility placing the same in accordance with the specifications provided in application dated November 7, 1985 heretofore approved by the Railroad's Regional Manager Engineering. Permntee shall fit In the excavation, and restore the surface of the ground to its previous condition subject to the aVCrU.a a :ne Super o enocnl of the ono t.0n of Railroad upon which the facility is located. Said Superintendent Nall have 0 W OK the right At any time when in his judgment it becomes ne"swy w advheble, to requke any mataml used in the work li be replaced with like material or with materiat of A moat perlMoMg character; also m require addntmnal work w Mange of • location of said facility as a matter of safety, or of ap0awanu, or an attount of Additional necks being lead, change of grade thereof, construction of a buigkq, or for any other reason whether or not connected with the operation, mamtenan ", or improvement of the railway of Railroad, all of which than be done at the expense of Permittee kt the manager herein Provided. 7. Perminee shall give to the wild Superintendent at least two 12) days' advance notice of any work to be done by Permtiee in the tactivation. construction, any reconstruction, maintenance, repair, change of location or removal or the facility, and shall conduct such work in Such manner as not to interfere with the maintenance and operation of the railway of Railroad. a. In the event that Railroad, at the request of Pefmitue or any agent or contractor of Permittee, or for the protection Of its property and operations, does any work, furnishes any material or flagging *,VIM, or (rleure any expense whatminver on account of the excavation for, construction, any reconstruction, maintenance, repair, change of location, rernoval of the facility w otherwise, Permittee shall reimburse Ralimed for the cost thereof within twenty (201 days afser bits we rendered therefor. It the excavation for construction. Any rewmtruetion, maintenance, repair, change of location, or ismovat of the facility, requires any or all of the following work: removal wel replacement of track, bridging, protection of track p other railway facilities by work or flagging, engineering and /or atrpervislon, such work is to be performed by Railroad As yess and the frost borne by Permittee. S. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the facility which, in the opinion of It adroad, in any way lniedwls with any train signals, telephone or telegraph lines, or other facilities Of Railroad. Permittee upon being informed by Railroad of such interference shall forthwith discontinue operation of and remove said grounding system, or take such steps Astray be necessary to "Old and eliminate ell such interferon". parmat" further agrees to indemnify and save harmless Railroad from and against any damps, claims, loses, wits or expanses in any manner wising from or growing out of intederencie with the signals, telepho" or telegraph lint of Railroad by the operation, use or existence of any Such grounding system. 6. Permittee shall and hereby releases and discharges Railroad of and from any and all liability for damage to or destruction of the sad facility, and any other property of Permittee located on or near Railroad premises; and shall and hereby assumes any and alt liability for injury to or death of any and all personswhomwever , including offiMrs, employees and agents of the parties hereto, or lost of or damage to property to whomwrvw belonging, including property awned by, leased w Or in the care, custody and control of the parties hereto, in my manner wising from or during the construction, any reconstruction, use, maintenance. repair or removal of said facility, however such injury, death, toss, damage or destruction aforesaid may Occur or be Mused; and shall and hereby does indemnity and save harmless Railroad of and from any and all Claims. demands, wits, anions, damages, recoveries, judgments, loss or expenses wising or growing out of or in connection with any Such injury, death, loss, damage or destruction aforesaid. Permittee further agrees to appear and defend in the name of Railroad any suits or actions al law brought against it on Account of any such personal injuries, death or dama° to properly, and t0 pay and satisfy any final judgment that may be rendered against the Railroad in any well wit or action. The liability assumed by Permittee herein Shall not be affected or diminished by the fact, it it be a fact, that any well wit or auinn brought agaiira 0..h Dail may arise out of neg:;gence of n.=ar —,f, its officers, agents, servants w rv,,piavops. rr be eonlribulN to by such nt�ullgence. 7. Permttee shall not transfer or assign this permit without the written consent of Railroad. 8. Nothing herein contained shall imply or Import a covenant an the pan of Railroad for quiet enjoyment. 9. II is expressly understood and agreed that Railroad may at any time cancel and terminate this license and permission by giving to Permittee thirty I30) day[ notice in writing of its intention to cancel the same and at the expiration of such notice this license and permission shall terminate. Upon receipt Of such notice and before the expiration thereof, Perm Ties, .nder the Supervision and direction of the said Superintendent, an his authorized nepresentatne, shall remove the facility from the light of way of Railroad and restore the right of way and premiss of Railroad in a manner and to wch condition as shall be saustaciory to the Said Superintendent of Railroad. It Permittee shall fail to remove me facility and restore the sad fight of way to such condition within said thirty (701 day period, Railroad at its option may remove the wipe and restore the sad light of way to its previous condition, and Permittee shall pay the cost and expense thereof W Railroad. 0 0 • 10. Upon any failure of permit'" punctually and strictly to Obwrve and perform the covenants and promises made herein by Pirmitlee to be kept and performad. Railroad may terminate this agreement on IM 1101 days' nolice t0 PMmttlee, remove the facility. and meson the righl of way toils Pgviouscondition It the cost and Ugermse of Permdles. 11. Any notices, given under led provisions of this agreement shall be good if deposited postpaid n a United Stales post office addressed to Permits, at Petmiaei s post office address above stated or x Esthervily directed by Permdtn. 12 . The licante and permission herein granted is subject t0 permits, states are licenser, of any, heretofore granted by Rmuoao affecting the premises upon which said facility is , ",d. Subject to the foregoing provisions, this agreement and all of the covenants and promises thereof, shall inure to the benefit of and be binding upon the parties hereto, their respective executors, administrators. successors and assigns. IN WITNESS WHEREOF, Railroad and Pwmotee have executed this agreement the day and year first above wnnen. .n P of: f OnM 60015 } N DAKOTA RAIL, INC. BY pmval Menrax - Nxx CITY Of HUTCHINSON BY: ATTEST: • Fed. Proj. No. (612) 587 -5151 f/UIIN CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 June 9th, 1988 Mr. Tom Lovett Attorney at Law 1400 First Bank Place West Minneapolis, MN 55402 RE: Railroad Agreement on Behalf of Dakota Rail, Inc. City of Hutchinson, Letting No. 3, Project No. 88 -17 Lind Street Storm Sewer Crossing Dear Mr. Lovett: Enclosed for your review, per our telephone conversation on June 9th, is the proposed agreement for the referenced storm sewer crossing (plan sheet 9 submitted previously). Note that the cost for restoration of trackage is not included in the agreement. As I mentioned in my letter dated June 3rd, the City prefers that the tracks be restored by Dakota Rail, Inc., and that the City will reimburse the railroad 'for all costs incurred therefor. • If the enclosed agreement is satisfactory from your standpoint, please return both copies to me and I will proceed to submit it to the City Council for consideration. Otherwise, as with the other items discussed in my letter dated June 3rd, please provide me with the appropriate agreement(s) on or before June 21st. Also, enclosed is a photocopy of a letter from Mr. Jerry Ross, dated May 6th, that I neglected to sent to you previously. Thank you. Sincerely, C1 2Y OF HUTCH NI- '. w S - ON �- \�U; Eugene derson 1 Director of Engineering • EA /pv en c. CC: Barry A,A -son, City Attorney Project file - Letting 3 Of Dcaak R 25 Adams St. No., Hutchinson, MN 55350, Phone (612) 587-4018 "Route at eN C"Inq Buffalo" • May 6, 1988 City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 Ref: Letter dated April 15th. Dear Gene Anderson, Construction of crossings, 2 at James Street and 1 at 3rd Avenue NW, would be an expense to the City for the following: James Street 2, 70' crossings at $55 per foot = $7700.00 3rd Avenue NW 1, 250' crossing at $55 per foot = $13750.00 • TOTAL $21450.00 Both crossings would be replaced with used rail, new ties, flange rail, ballast and lined. It is also necessary to have 20' run off on each side of crossing. The expense of road surfacing would be done by the City. Regarding storm sewer at Lind Street, we would need copy of survey and work to be done so that permit and or lease could be drawn up. Sincerely, Jerome D. oss Pre� sident � JCR /rlr 1 v ` 1 Pipeline No. 3000 THIS AGREEMENT, made this 1st day of June 19 88 , b e t ween DAKOTA RAIL, INC., hereinafter called "Railroad," and City of Hutchinson whom post office address is 37 Washington Ave. W., Hutchinson, MN 55350 hereinafter Well "Permittee." WITNESSETH: Railroad, for and in consideration of the fee herein provided to be paid to it by Permitter and of Use coverana and Promises hereinafter made to be observed and performed by Permittee, don hereby grant to Permian license and permission to excavate for, construct, maintain and operate a storm sewer, 51 -inch hereinafter referred to as the 'facility," upon, along or across the right of way of Railroad, underneath the surface thereof. and under the tracks of its railroad, as the case may be, at or near Hutchinson Station, in the County of McC l eod , state of Minnesota , to be located as follows, to wic crossing at Lind Street in Hutchinson (see attached map) as shown in red on the plat hereto attached, marked Exhibit "A ", dated June 1st, 1988 and by this relerence thereto made a part hereof. • Permittee in consideration of such license and permission hereby covenants and promises as follows: 1. Perm itice will pay in advance to Railroad for this permit the sum of Four flund red F fty DO tars and no /lu. ($45J,JO) for the first five (5) year period and Two Hundred -Fifty Doilars($250.00) for each subsequent five (5) years that this permit refrains in effect. also all taxes .,id arxssments that may be levied or assessed against said facility. Railroad reserves the right to change the sad charge at any time while this permit remains in effect upon thirty (301 days written notice. This provision for payment shall in no way restrict Railroad's right of termination under Paragraph 9 hereof. 2. Permittee, at Permittee s split cost and expense, shall excavate for, construct, reconstruct, maintain and repair the facility placing the same in accordance with the specifications provided in application dated June 1, 1988, heretofore approved by the Railroad's Regional Manager Engineering. Permittee shall fill in the excavation, and restore the surface of the ground to its previous condition subject to the aPProvat D the Superintendent of the Division of Railroad upon which the facility is located. Said Superintendent shall hew • f_ to. Upon any failure of Permiues punctually and strictly to observe and perform the down.rtu and Irorrtises made herein by Permitlee to be kept and performed, Railroad may terminau this agraemsnt on the 1101 d a P us Pwmitite. remove the facility, and restore the right of way to its previous condition at the coq and expense of ►ermitles. 11. Any notices given under the provisions of this agreement shall be good if deposited postpaid In a United States post olfica addressed to Permdlea at Permitter s post office address above stated or as otherwise diluted by Perming. 12. The license and parmission herein granted is subject to permits, haws and licenses, if any, heretofore granted by Railroad alleninp the pnemlus upon which said facility is fouled. Subject to the foregoing provisions, this agreement and all of thaeovenants and promises thereof, shun inure Io the benefit of and be binding upon the parties hereto, their respective executors, administrations, successors and anions. IN %VI TNESS WHEREOF, Railroad and Pam! ties have executed this agreement the day end year first above written. In Presence of: By DAKOTA RAIL, INC. • Oemlal Maria", — Law. FORM 60025 2.91 City of Hutchinson Attest: I 1 LIB` D ST. STORM SEWER / SN L i I1! L r2 :, la i P ' MN• ' ST +w PC• VIUG MY41BNET ` (' 'a p I ix NF! I ■ � I I 1 f q I i t I� 1 RESTORE TRENCH AREA FROM 3RD GVE TO THE RrvER 3 R AVE ' * MWK 7 C OF AGGREGATE BABE OL ! PAYMENT W LL BE MADE UNDER ITEM HO 2DF]OI, AC.PEGATE BASE, CL `. IL vl � B DESK "N • (Gt:N BLSINS N C9 W V �NJ[Rl il0e ceA't aT M I as fmai •nen .. en . .• MNF� NNF2 ' 0 0 A color rendition and sample letterhead will be available on Tuesday. 9 -A. 0 M E M O R A N D U M DATE: June 28, 1990 TO: Mayor & City Council FROM: Gary D. Plotz, City Administrator SUBJECT: Civic Arena Contract With School District The civic arena contract expires June 30, 1990. I have negoti- ated a two year renewal with a 4.4% adjustment upward for each of the next two years. Supt. Glenn Matejka and I have had a mutual understanding to follow a C.P.I. factor. This 4.4% correlates with the information I re- ceived from the Department of Labor through June 1990 (12 months • prior) . I have reviewed this contract with Dolf Moon, and I recommend ap- proval. The school board approved the joint staff recommendation on June 26, 1990. /ms 0 cc: Dolf Moon, Dir. Park & Rec. Supt. Glenn Matejka 9— LEASE AGREEMENT 0 THIS AGREEMENT, made this 1st day of July, 1990 by the City of Hutchinson, a municipal corporation, hereinafter called First Party and the Independent School District No. 423 of McLeod County, hereinafter called Second Party, WITNESSETH: WHEREAS, the First Party has assumed the operation and maintenance of the Hutchinson Civic Arena, through the guidance and recommendation(s) of the Civic Arena Board; WHEREAS, it is the desire of the Second Party to rent the Civic Arena for programming to be conducted and sponsored through its physical education program and /or extra - curricular programs; NOW, THEREFORE, in consideration of the premises and the terms and covenants hereinafter set forth, the parties hereby mutually agree as follows: I. PREMISES: The First Party agrees to lease and hereby does lease, and the Second Party agrees to take and hereby does take, the 130' x 230' building, excluding office space and concession stand, located at 950 Harrington Street in City of Hutchinson, County of McLeod, State of Minnesota, with the following legal description: The South 250 feet of the East 275 feet of Lot 90 Lynn Addition to the City of Hutchinson • 2. TERMS OF LEASE: This lease shall be from the term of July 1, 1990 through June 30, 1992. 3. RENTAL PAYMENT AND GAME RECEIPTS: The Second Party agrees to pay the First Party a rental payment for the premises as shown below: 0 1990 -91 Rate (1.044 increase over 1989 -90) Practice ice time (175 hours) $ 58.67 Regular season hockey games (10 games, 3.5 hrs /game) * (see #3) Non -ice time (50 hours) 1991 -92 increase factor 200.05 36.68 1.044 Total per hour $10,267.25 per game 2,003.50 per hour 1,834.00 Total $14,104.75 $14,725.36 -2- i Each yearly total amount will be paid on or before February 1 of 1991 and 1992 respectively. All game admission receipts shall be the property and responsibility of the Second Party. * Hockey games in excess of ten (10) shall be billed at the agreed upon rate per game. 4. DEFINITIONS: a. "Ice- Time" - The period of time the ice is on the floor of the premises and utilized for hockey games and /or practices_ b. "Non- Ice - Time" - The period of time no ice is on the floor and uti- lization is for sports other than hockey, i.e., tennis, track. c. Exclusive Use - The time the Second Party is in possession of the premises for "ice- time" and "non- ice - time" use, without interference from the First and /or Party(s), except for normal maintenance of the building. 5. USE OF FACILITIES: The First Party agrees to lease the premises for exclusive use at following designated times and activities. a. The Second Party shall be year which shall be used through the completion of season of the 1990 -91 and event more than 175 hours Party shall be billed S50 allotted 175 hours of ice time for practice time from November the regular High School League 1991 -92 school years respectiv practice ice time is used, the per hour. per school 15, 1990 hockey =1y. In the Second b. All practice time(s) for Squad "A" and /or Squad "B" shall be sche- duled as agreed upon between the Civic Center ;tanager and School Athletic Director. c. Game ice -time for Squad "B" shall be from 5:30 p.m. to 7:30 p.m.; game ice -time for Squad "A" shall be from 7:30 p.m. to 10:00 p.m. All hockey games shall be Monday through Saturday, excluding holi- days. All regularly scheduled hockey games and dates are set forth in a schedule hereto attached and identified as Exhibit "A" and may be canceled and /or rescheduled only after mutual consultation of the First Party and the Second Party, or their respective representatives. • 0 -3- 0 d. In addition to the 175 hours of ice -time per school year, the First Party shall provide a total of 50 hours of non - ice -time for the pur- pose of encouraging use of the Civic Arena for sports other than hockey, i.e., tennis or track. Non - ice -time shall be utilized bet- ween four (4) days subsequent to the State Hockey Tournament and May 31, 1991 and 1992 respectively. In the event more than 50 hours of non - ice -time is utilized, the Second Party shall be billed $35 per hour. All non - ice -time shall be scheduled as not to conflict with other activities of the First Party, and any non- ice -time not scheduled one (1) week in advance cannot be guaranteed. The Center Manager has full authority to refuse center availability after May 31 if conflicts exist. e. In the event the facility is rendered unfit for hockey use due to fire or any other cause, the Second Party's obligation for rent shall be adjusted on a pro -rate basis and the party of the first part shall refund within 30 days after termination that portion of the rent covering the period of non -use. If the damage cannot be repaired within 30 days, the Second Party may exercise the option to terminate. 6. FIRST PARTY RESPONSIBILITIES: • a. To provide all utilities, including heat, light, water, sewer, refuse; maintain all ice - making and cleaning equipment and machines; flooding the ice rink; cleaning of the ice surface; maintaining the parking lot; and the normal maintenance, repair and replacement of boards, goals and nets; and make all necessary structural altera- tions, repairs and maintenance. b. To provide janitor service for cleaning of the locker and shower area each day and cleaning of the bleacher area, storage area and upper arena areas as needed. C. To operate, maintain and receive revenues from all concessions and /or vending machines, unless otherwise assigned in whole or part. 7. SECOND PARTY RESPONSIBILITIES: a. To provide personnel and supplies for the sale and collection of admission tickets. b. To provide for payment of any Minnesota sales tax for admission. C. To provide towel and laundry service. -4- d. To designate personnel to supervise students at any time the building is being used by its students under this agreement, and to designate one individual to be responsible for key(s) for use of the building while in use by its students. e. To be responsible for loss or theft of school and /or personnel pro- perty while stored or otherwise within the premises. f. To make all arrangements and /or payment for announcer(s), scoreboard operator(s), referees and supervisory personnel. g. To designate the coach or supervisor for seeing all pieces of equip- ment and supplies of the school and players are picked up and pro- perly stored in the areas and cabinets, as provided by the First Party, and to see that all students are out of the building by one - half (}) hour after close of practice or game. 8. RULES AND REGULATIONS: Is The rules and regulations of Independent School District No. 423 per- taining to student conduct shall be in effect during all times this building is used by the school. Additional polices governing the con- duct of students may be developed as needed by the Civic Arena board and • the School administration. The policies, rules and regulations shall be enforced by school personnel as assigned by the School administration and the City personnel as assigned by the Civic Arena Coordinator. 9. INSURANCE: The First Party agrees to pay a sum equal to the actual expense for bodily injury and property damage insurance. 10. INDEMNIFICATION: The Second Party agrees to save harmless, protect and indemnify the First Party from any and all claims, not fully covered by Section 9 Insurance, of every kind and nature whatsoever arising out of the per- sonal injury or property damage on the leased premises while it is under control of and being used by the party of the second part. The party of the second part also agrees to pay all costs, including attorney's fees, incurred in connection with the defense against such claim not fully covered by insurance. • -5— 11. SUCCESSORS AND ASSIGNS: All provisions of the lease, herein stated, are binding upon the suc- cessors or assigns of the respective parties. IN WITNESS WHEREOF, the parties have signed this agreement to be effective the day and year above written. Amendment: If in the event the Second Party would take action to discontinue the ath- letic programs that would normally utilize the arena, the School District has the right to give notice by July 1, 1991 to withdraw from the second year of this contract. • In Presence of: CITY OF HUTCHINSON Mayor BY Clerk INDEPENDENT SCHOOL DISTRICT #423 fit BY "-!1 Clerk ' • Hutchinson High School Hockey Schedule 1990 -1991 Tues., Nov. 27 St. Michael /Albertville (Varsity only) Away Sat., Dec. 1 Red Wing Away 1:043:00 Tues., 4 Monticello ( "B') Home 5120 Tues., 4 Shakopee (Varsity only) Home 7.1-0 Sat., 8 Lakeville Away Tues., 11 Chaska Away 5:30 -7:30 Sat., 15 Holy Angels Away 12:30 -2:30 Tues., 18 Benilde /St. Margarets (St. Louis PK Arena) Away 5:30 -7:30 J, Thur., 20 Hutchinson Holiday Toumey Home 5:20-7.'A' 3 Fri., 21 Hutchinson Holiday Tourney Home 5:30-7:30 Fri., 21 Monticello "B' at Delano Away 5 Z • Tues., Jan. 8 New Prague Home 5:30 -7:30 Sat., 12 Northfield Away 5:20-7: S Tues., 15 Prior Lake (Varsity only) Home 7:30 L Sat., 19 Red Wing Home 1:Ca Icc Tues., 22 Shakopee (Varsity only) Away 720 7 Sat., 25 Chaska Home 5:2 7 2 8 Tues., 29 Holy Angels Hare 5:30.30 Fri., Feb. 1 Benilde/St. Margarets Home 5:30 -7:30 I D Tues., 5 Lakeville Home 5:30 -7:30 Fri.. 8 New Prague Away 5:20-7:3 I Tues.. 12 Northfield Home 5:0.7 30 Thur., 14 Prior Lake (Varsity only) Away 7:30 Thur., Fri.. Sat -,Mar. 7,8.9. - State PUBLICATION NO. 4136 LETTING NO. 12 PROJECT NO. 90 -22 ADVERTISEMENT FOR BIDS DEMOLITION OR MOVING OF HOUSE LOCATED ON S38' OF W60' OF LOT 9, BLOCK 11, S 112 CITY OF HUTCHINSON (115 GLEN STREET SOUTH) Hutchinson, Minnesota June 4th, 1990 TO WHOM IT MAY CONCERN: The City Council of the City of Hutchinson, Minnesota, will receive bids at the Office of the City Administrator until 1:30 P.M. and said bids will be opened at 2:00 P.M. in the Council Chambers of the City Hall at Hutchinson. Minnesota, on Monday, July 9th, 1990, for the following: 1. Demolition of house located at S38' of W60' of Lot 9, Block 11, S 112 City of Hutchinson (115 Glen Street South). 2. Purchase and moving of house from S38' of W60' of Lot 9, Block 11, S 1/2 City of Hutchinson (115 Glen Street South). Bids shall be directed to the City Administrator, securely sealed and endorsed upon the outside wrapper •Demolition or Moving of House Located on S38' of W60' of Lot 9, Block 11, S 1/2 City of Hutchinson (115 Glen Street South) 4 . The City Council reserves the right to reject all bids and to waive any informalities and irregularities. Specifications and Proposal Forms are on file and are available from the Office of the Building Official, 37 Washington Avenue West, Hutchinson, MN 55350. Arrangements for inspection of the site should be made by contacting the Building Official's Office at City Hall, Hutchinson, Minnesota, 612 - 587 -5151. Gary D. Ptotz, Cisy Administrator 0 PUBLISHED IN THE HUTCHINI04 LEADER ON TUESDAY JUNE 19TH, 1990, AND ON TUESDAY, JUNE 26TH, 1990. f - 61 All bids shall be made on the Proposal Forms of the City and shall be accompanied by a cashier's check, bid bond or certified check, payable to the • order of the City of Hutchinson, Minnesota, (10 %) of the amount bid. Al checks or bid for not less than bonds will be held ten percent for thirty (30) days or until a contract is signed. Subsequent to that time, all non - forfeite checks or bid bonds will be returned to the bidders. Balance of bid amount shall be payable within 20 days of the bid award. Bids shall be directed to the City Administrator, securely sealed and endorsed upon the outside wrapper •Demolition or Moving of House Located on S38' of W60' of Lot 9, Block 11, S 1/2 City of Hutchinson (115 Glen Street South) 4 . The City Council reserves the right to reject all bids and to waive any informalities and irregularities. Specifications and Proposal Forms are on file and are available from the Office of the Building Official, 37 Washington Avenue West, Hutchinson, MN 55350. Arrangements for inspection of the site should be made by contacting the Building Official's Office at City Hall, Hutchinson, Minnesota, 612 - 587 -5151. Gary D. Ptotz, Cisy Administrator 0 PUBLISHED IN THE HUTCHINI04 LEADER ON TUESDAY JUNE 19TH, 1990, AND ON TUESDAY, JUNE 26TH, 1990. f - 61 0 City Administrator City of Hutchinson 37 Washington Ave. West Hutchinson, MN 55350 PROSAL FORM LETTING NO. 12 PROJECT NO. 90 -22 Dear Sir: (I) (We), the undersigned, doing business as _ 0 L CL yy .Q hereinafter known as the Bidder, hereby propose and, if this with the City of Hutchinson on a form to be provided by and furnish all labor, machinery. equipment. and tools and other constructloo of the work, all in strict accordance with the LETTING NO. 12, PROJECT NO. 90 -22, DEMOLITION OR MOVING OF CITY OF HUTCHINSON (115 GLEN STREET SOUTH). Midi .'S L t) Ji 2 A t ndi 0�44-6 and proposal 1s accepteq agree to enter into an agreement acceptable to the City of Hutchinson, Minnesota, to means of construction necessary for the complete - plans and specifications entitled "SPECIFICATIONS FOR HOUSE LOCATED ON S38' OF W60 OF LOT 9, BLOCK 11, S 1/2 DEMOLITION OF STRUCTURE _ O Demoliltion, removal and filling of voids as per Specifications------------------ - - - - -s Time Schedule: Begin: Completed: I q qto 9 PURCHASE AND MOVING STRUCTURE Moving structure, including blocking up, loading and any other preparation required to move structure from existing site to a new site, and including demolition of foundation or basement walls and filling voids as per Specifications ------------- - - - - - f Time Schedule: Begin: Completed: The undersigned agrees, that, upon written acceptance of this bid, (I) (we) will, within ten (10) days of receipt of such notice, execute a formal Contract Agreement with the City of Hutchinson, and that (I) (we) will provide the Bonds or guarantees, as required. In submitting this bid, it is understood, that the right is reserved by the-City to reject any or all bids, and It is agreed that this bid may not be withdrawn for a period of thirty (30) days from the opening thereof. Accompanying this proposal is cashiers check, certified check or idder's bond to the amount of d /��lj 4 L�✓11J� LYl�aa[tAAt c Q d OolIars,(S ), the same being at least ten percent (10X) of the total amount of the proposal, made payable to the order of the City of Hutchinson, as a guarantee which PROAL FORM LETTING NO. 12 - PROJECT NO. 90 -22 PAGE 2 it is agreed by the undersigned,'rwiil be forfeited In the event that the of contract is not executed, if awarded to the undersigned. IF A CORPORATION, WHAT IS THE STATE OF INCORPORATION? IF A PARTNERSHIP, STATE FULL WANES OF ALL CO- PARTNERS. OFFICIAL ADDRESS: BY TI' BY DATED 1 (� TITLE: ACKNOWLEDGEMENT OF RECEIPT OF CONTRACT ADDENDA OR ADDENDUM (IF ISSUED) Received Addendum No. I, dated Received Addendum No. II, dated (initials) Received Addendum No. 111, dated (initials I.N':D L. "'Cl C/i ATd LS R. CARMICHAEL' CAEY D. M +Doi rt L STIJYE! A. A:;DERSOV G. LARRY A \'DEIISOY S. IIGGE K. FIiETLA]'D I AN'!:) A. E'PL EGGIfH.1 \] ... .. I A1LML6T AI ,I I- NE, G1 C T:4. -. I:Y 1:. FAFI x5 Y.I 22, 1990 An_ \'OLD & iICDO«ELL ATTOn, AT LAti 101 P ART: PLACE IIL:TCHI% MjVWESOTA 55350 (612)°,87.7575 TELECO'F[ER 1121 507.4006 R£"nF. \T ATTCR\F.Y G. L NHY AN G_.ry D. Pl.otz Hutchinson City Administrator 17 Washington Avenue West Hutchinson, ha 55350 Re: Sunday Liquor Issue Our File ho.: 3188 -90 -0141 Dear Gary: • I believe the question of the timing of the election to allow Sunday liquor has been referred to this office. It is my opinion havi reviewed the charter that the most r1 ate time to holc: the election would be in con iuncticn wzt , t T,ary in Se tember. As I pointed cut in my letter to ycu c_ :e�ruary l9, 1990, even if no action were taken by the ccurcil, t matter would automatically be placed on the primary ballet in Se?tember since that is the "next eieccion occurring in the Cit_1." (Hutchinson City Charter). An election is required by Minnesota Statute Section 3401A.504,Subdivision 3(d). ::uesticn s hould be worded as fcllows: S•• =� the C_tv of Eutcinscn be authcrizeA_ tc is s• .:e 1 sss 1;er^:itting Sunday sale cf intcx_ =ti -c licl;cr rur- _..'_ to i•[_nresota Statute .c..c'�t1cn 34CA.5 El:�C1L'151.. 3 (3) ? -•- _ .'1. _ CL St__ in Cam... ^.eat_._.. .:i = -• - -- �, `• or COL'1."SEL WILLIAM K. CAMEROY CHARLES CLLYTOK GARY M. DECKER E0NI CEDAR LAKE ROAD MWXEAFOLIS. MSS %ESOFA L;AIy (0171515.0000 MY TOLL FREE C0O•313. 15.y5 TELLCJi'Ilai ( ^.1_1 :151'eJ p1;71 J9B•2Jbl TELECOFIER(912)]dU 55D•; je L l v 17 _ • CERT °: "_ ?A5 AC111L TRIA' <F _r;. 4 - < _ _ L `♦ AS A "! _. ..1._w.. Lt4 . .♦ 9: ­ I _,, .. _... ♦ .. _ ♦, A. or COL'1."SEL WILLIAM K. CAMEROY CHARLES CLLYTOK GARY M. DECKER E0NI CEDAR LAKE ROAD MWXEAFOLIS. MSS %ESOFA L;AIy (0171515.0000 MY TOLL FREE C0O•313. 15.y5 TELLCJi'Ilai ( ^.1_1 :151'eJ p1;71 J9B•2Jbl TELECOFIER(912)]dU 55D•; je 9 RESOLUTION NO. 9293 ESTABLISHING SPECIAL ELECTION DATE FOR SUNDAY LIQUOR REFERENDUM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT a petition was received by the City Administrator and has been found to have adequate number of voter signatures. THAT said petition was for the question of Sunday liquor sales to be allowed in the community. THAT said question will be voted on at an City Special election to held on September 11, 1990 between the hours of 7 A.M. and 8 P.M. THAT the question shall be as prescribed by Minnesota Statue snall be: Sh. - tl L - City cf H :tchinscri be author—ec iss_e S;.e ia- licenses permitting Sunday sale of intoxicating liquor pursuant to Minnesota Statue Section 340A.504, Subdivision 3 ;a) !19 °9. Adopted by the City Council this 10th day of July 1990. Paul L. Ackland Mayor ATTESTED: Gary D. Plotz City Administrator 0 0 9 -.P. OFF - CAMPUS WORRSTUDY • Work Agreement This agreement is entered into between the Hutchinson Technical College of, hereinafter known as the "college ", and The City of Hutchinson , (a public organization), or (private nonprofit organization), within the meaning of that term as defined in Section 175.2 of the College Work -Study Regulations, for the purpose of providing work to students eligible to participate in the College Work -Study Program. The college agrees to the following: 1. To make available to the organization during the period of this agreement eligible students selected and employed by the college to perform a specified work assignment under the direct supervision of qualified personnel of the organization. 2. As the employer, to pay compensation for services of all students under the College Work -Study Program. 3. Students made available under this agreement must never work more than 40 hours per week. No student will be permitted to earn more than is indicated by his /her financial need • analysis. The Organization agrees: 1. That work performed under the terms of this agreement will be in the public interest and that it would not otherwise be provided. That the student employment will not result in the displacement of employed workers or impair existing contracts for services. 2. To reimburse the college 30% of the total salary paid to the student while he /she is performing services under this agreement. Reimbursement to be made quarterly. Compensation of students for work performed on a project under agreement will be disbursed and all payments due as an employer's contribution under State and Local Workman's Compensation Laws or under other applicable laws will be made by the college. It is further agreed that schedules to be attached to this agreement from time to time will set forth brief descriptions of the work to be performed by students under this agreement, the total numher -f students to be employed, and the hourly rate of pay for this employment. • It is further agreed by the parties that at no time will a student who performs work for the organization under this ,• agreement be deemed an employee of the organization. However, the agency has the right to control and direct the service of the student. This agreement is effective from day of 19 through the day of 19 Agreement may be extended beyond the original expiration by mutual agreement. For the College by e) (date) For the Organization by (title) (date) 0 • nM� i px :p +i. 3. That the City forgive or eliminate all assessments for weed cutting and property maintenance which have been levied against the property at various times. I do not know the extent of this item but I believe it to be somewhere in the neighborhood of several hundred dollars; 4. Mr. Ulland would also like to be reimbursed for the fair market value of the mobile homes which were sold at public auction in early May. The mobile homes were sold for a total sum of $2,000. Mr. Ulland believes the fair market value of those mobile homes is something in excess of that figure. As vcu know, there is currently litigation underway in Federal Dis- ict Court between Mr. Ulland and the City of Hutchinsc.n.. The sta- tus of this litigation is unknown at the present time. I don't be- * CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION /p O * CERTIFTED AS A REAL PROPERTY Lam' SPECIALIST BY THE MINNESOTA STATE BAR ASSOCL.:ON / /✓�/ ARNOLD & MCDOUTELL DAVID B. ARNOLD - ATTORNEYS AT Lew or coaxsel .. CHARLES R. CARMICHACL GARY D.M <D OWZL L 5881 CEDAR LA KE ROAD OMEL WILLIAM W. CAMERON CHARLES CLAYTON STEVEN A, ANDERSON MINNEAPOLIS. MINNESOTA 55418.1402 GARY W. BECRER O. BARRY ANDERSON (812)545 -0000 STEVEN S. HOOE L^URA S. FRLTLAND MN TOLL FREE 800-340-4545 601 SOUTH FOURTH STREET DAVID A. BRCEOOEMA.VN CABLE DICLAR MINNEAPOLIS PRINCETON. MI5 55u T1 PAUL D. DOVE 19121200.2214 JOSEPH M. PAIEMENT TELECOPIER (012)545 -1703 TELECOPIER(012) 369.5+00 JAMES UTLEY 10I PARR PLACE JULIA A. CHRISTIANS RICHARD O. M<OEL 11CTCHINSON. MINNESOTA - 55J50 TIMOTHY ti rAPINSEI _ (912) LBT -T5)5 TELECOPIER 0121587 -4000 July 3, 1990 Hon. Paul L. Ackland �37 Mayor of Hutchinson Washington Avenue West c Hutchinson, Mn. 55350 Ate Re: Ulland Litigation Our File No.: 3244 -87 -0011 Dear Mayor Ackland: Sam Ulland has approached me with a suggestion and a framework • to resolve the litigation between the City and himself. I have an obligation to pass along his request to the Council for re- view, comment and reaction. His proposal is essentially as follows: 1. That he be reimbursed for his survey expenses which were approximately $500; 2. That he be reimbursed for his expenses in connection with the installation of water services and ground work which totals approximately $5,000; 3. That the City forgive or eliminate all assessments for weed cutting and property maintenance which have been levied against the property at various times. I do not know the extent of this item but I believe it to be somewhere in the neighborhood of several hundred dollars; 4. Mr. Ulland would also like to be reimbursed for the fair market value of the mobile homes which were sold at public auction in early May. The mobile homes were sold for a total sum of $2,000. Mr. Ulland believes the fair market value of those mobile homes is something in excess of that figure. As vcu know, there is currently litigation underway in Federal Dis- ict Court between Mr. Ulland and the City of Hutchinsc.n.. The sta- tus of this litigation is unknown at the present time. I don't be- * CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION /p O * CERTIFTED AS A REAL PROPERTY Lam' SPECIALIST BY THE MINNESOTA STATE BAR ASSOCL.:ON / /✓�/ Hon. Paul Ackland July 3, 1990 • Page 2 lieve there is much happening although I do know that an Answer has been filed on behalf of the City of Hutchinson. Mr. Ulland did convey this offer,to me three or four weeks and I have been remiss in passing It along to the City Council for action. I would appreciate your review, comment and proposal, if any. Thank you. Best personal regards. Very truly yours, ARNOLD & McDOWELL� J . Barry Anderson GBA:mb cc: Sam Ulland 0 C�1 / (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 • July 6, 1990 TO: MAYOR 5 CITY COUNCIL FROM: John Rodeberg, Director of Engineering RE: Ludtke Lane Sanitary Sewer A bid of $16,498.30 was received from Juul Contracting for sanitary sewer service to Ludtke Lane from California Street. The cost estimate is attached and is slightly higher than the Engineer's Estimate of $15,000 due to the reconstruction of existing services on California and added street restoration costs. Overall, the bid appears reasonable and I would recommend awarding the work to Juul Contracting pending receipt of easements, and letters from the two involved homes which propose to hook up stating they will wave the hearings and pay the assessment. As discussed, based on the proposed assessments for Project 88 -24 which involved the sanitary sewer on Ludtke Lane that was rejected, their assessment would be as follows: George 6 Nancy Gewerth 955 Ludtke Lane (180 LF @ $26.24/LF + 1 Service @ $246.95) _ $4,970.15 Donald Gilbertson 930 Ludtke Lane (153.2 LF @ $26.24/LF + 1 Service @ $246.95) _ $4,266.92 At this rate it is proposed the no future sanitary sewer assessment would be charged to these lots. Juul contracting has said they will be available on or near July 18, 1990 to do the work. Sincerely, / '7- ` �' Jo d P. Rodeber Director - _ JPR /bjI • cc: Gary Plotz, City Administrator Cal Rice, Assistant City Engineer George Gewerth Donald Gilbertson 9- G. L S71NG CHART .IULX. CONTRACTING 00. C //7 0� A44A -A , Gent. Aide 7/t/tv 004 G'e n s1 M N .j pb 2 L<' //7'' C°nsl rued We pa, r S �. 1Zl MlwC f �t O�it.�(,. b u <kr 1/2 iS'= 33 A017 C �gBr,L 1 A , sr YXI 81,te4 di, f /lee � N Se4441 So , 36os „1 0= A&i Sr cd C.x,,, . LS SDa ARNOLD & MCDOWELL DAVID B. ARNOLD ATTORNEYS AT LAw OF COUNSEL C RARLE3 R, CARMICHAEL•• 10l PARR PLACE WILLIAM W. CAMERON OAEY D. McDOw6Ll • GRARLES CLAYTON STEVEN A ANDERSON HUTCHINSON, MINNESOTA 55050 OARY W. BECEER G. BARRY ANDERSON. (612) 567 -7575 STEVEN S. HOOF 5601 CEDAR LEE ROAD LAURA E. FRETLAND TELECOPIER(612) 387 -4006 MINNEAPOLIS. MINNESOTA $5118 DAVID A. BRUEOOEMANN (612) 616.2000 PAUL D. DOVE RESIDENT ATTORNEY MN TOLL "BE 000- 313 -4516 JOSEPH M. PAIEM6NT O. BARRY ANDERSON TELECOPIER (612) 545-1790 JAMES UTLEY JULIA A. CHRISTIAN$ 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 RICHARD O. McOEE (012) 382.2214 TIMOTHY W. FAFINSEI TELECOPIER(e12) 380.5508 July 5, 1990 1 ?'3 g Mr. James Marka C J'? 1990 , Building Official 37 Washington Avenue West sy_ Hutchinson, Mn. 55350 �N -- �- -- ti s��2£2zZ�Zp26`�` Re: Legal Opinion Regarding Housing Code and Provisions for Removal of Dangerous Buildings Our File No. 3188 -88 -0087 Dear Jim: J • I have reviewed the proposed ordinance and I have found it to be satisfactory. I do have some changes that I would like to suggest and they are as follows: Section 4.20 - The last sentence of this Section should read as follows: At least three Copies of said Code shall be on file in the office of the aa-; Administrator of the City of Hutchinson for use in examination by the public_ a m d be - m ar ked _ _, Rationale: I do not believe the City should be burdened with unnecessarily administrative requirements. Suffice it to note that the City has an obligation to make copies of the Code available to the public and beyond that nothing more need be said. Section 4.22 - Delete the sentence making reference to masculine and feminine gender. It is unnecessary. The reference to Apartment House should begin as follows: Apartment house is any building, or portion thereef of a buildinci Ration =: - The chF ge is grammatical. Your attention is directed to the last sentence dealing with apartment house which makes reference to "three or more families living independently of each 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION — CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION �' - Mr. James Marka • July 2, 1990 Page 2 other performing their own cooking services in the apartment house." Does this mean that the three or more families must live independently and also must do their own cooking? I think there should be additional clarity in this particular language. I believe all of the references to various city officials should be changed so that they are appointed by the Administrator. Note the spelling error in the paragraph dealing with family (togeter). The reference to nuisance in paragraph 1 should be "Any public nuisance known as at common law or in equity jurisprudence. This ordinance contains a reference to attractive nuisance. Minnesota has essentially abolished this doctrine and now simply relies on comparative fault. I would recommend revision as follows: "Any attreetivz nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes but is not limited to any abandoned wells..." . Rationale: We need to include some cautionary language that this list is not inclusive. The reference to owner indicates that the responsible person is to be only the "fee owner of record." Do we want to do this? Might we simply say "is the fee owner e€ reeerd of any dwelling or dwelling unit...." I believe we might want to hold responsible owners who are not of record. The language under the word "person" contained in the last sentence, should be revised as follows: "Whenever the word "person" is used in any section of this Code prescribing a penalty or fine as __ partnerships ips a ....sees. n, the word shall include the officers, agents or members thereof who are responsible for any violation of seem the section. Rationale: As drafted, the language seems to imply that the broad use of the word person only works with respect to partnerships or associations and clearly was intended to apply to any group. The last sentence dealing with repairs should read as follows: "Repairs shall be expected to last approximately as long as wed the replacement by new items." This change is grammatical. • I- L-1 Mr. James Marka July 2, 1990 Page 3 A similar grammatical change should be made with the replace or replacement language which should now read as follows: "Replace or replacement shall mean to reaeve- removal of an existing item or portion of a system and to eenstraet er inst all construction or installation of a new item of a quality similar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is not 4rmpractical." Section 4.24 - The first sentence should be revised as 0 follows: "The Director of Inspections may post any building or structure covered by this Housing Code, as being which is in meet violation of the Housing Code_ preventing further eeeupaney. The last sentence of this Section should read as follows: "No person shall reside in, occupy or cc� allow to be occupied any building, structure or dwelling which as has been posted to prevent occupancy." The changes are grammatical. Also, I'm not certain what a "direct" violation of the Housing Code is and so I have deleted the reference to direct. Section 4.25 - Strike the reference to "and /or" and replace it with "or." requirements of the State Building Code. Section 4.27 - I may be missing something here, but Section 4.27 does not specifically require that the smoke detectors themselves meet the standards of the Building Code. If I am correct in this perceived problem, the last sentence of the Section should be revised so that it reads "shall be installed in accordance with the State Building Code and shall meet the Section 4.28 - Replace references to "and /or" with "or." Section 4.32 - Correct the spelling error in Subdivision 2 (reasonalbe). Section 4.33 - The first part of the first sentence should read "Every owner remains is liable...." In paragraph 2, the first sentence should be "Every owner, or his agent, in addition to being responsibility for maintaining his building in a sound structural condition, shall be is responsible for keeping...." Section 4.35 - This section defines hazardous buildings. The statute d;) ,s not anywhere define what is meant by a "building." Since Minnesota Statute §463.26 allows the City to enforce ordinances on the same subject, would it be reasonable to include a definition of building? For example, I have in mind something along the following lines "A building may include, but is not Mr. James Marka July 2, 1990 Page 4 limited to, any structure designed for or permitting human habitation." My reason for including the definition of building is so that if necessary the statute can be applied to mobile homes and perhaps other structures not typically considered to be buildings. Section 4.36 - I note once again we make reference to ownership as a person having a record interest. The importance of ownership is two -fold; first, we are concerned with making certain we have identified the correct party to give notice to and second, we are concerned with our rights to compensation. I would suggest that perhaps the last sentence of this section be revised to read as follows: "No owner shall be required to receive any notice permitted or mandated under this ordinance unless the owners interest is filed and recorded in the offices of the County Recorder or the Registrar of Deeds, if the property is registered land. An owner may not evade responsibilities under this ordinance by failing to record the owners interest in the property." The proposed change would make it clear that you are an unrecorded owner at your own risk. . Section 4.37 - Language making it clear that the list of defects includes but is not limited to the listed defects should be added. As to paragraph 11, the first part of that paragraph should read as follows: "Those buildings which have been are only partially completed...." The middle of the paragraph should read as follows: "Any such building or structure ^`�l: be is deemed an abandoned uncompleted building...." Section 4.40 - It is not clear to me why this section is included. If it is intended to be a description of the procedure for enforcement, it is incomplete. For example, how does the property owner dispute the findings? what documents should the property owner prepare? In large part it states the obvious which is that the Director of Inspections or Fire Marshal is required to inspect. I would recommend the entire paragraph be deleted and instead substitute the following: Section 4.40. Procedure. Procedure for enforcement of orders for repair, vacation or demolition shall be as set forth in Minnesota Statute §463.15 (1988). I have a couple of general comments. The ordinance as drafted makes reference to Director of Inspections. Do we have such a person under our City Code? If not, I would suggest Director of Inspections be deleted and we simply make reference to the building • official. Mr. James Marka • July 2, 1990 Page 5 I note we are adopting the Uniform Building Code by reference. We also make reference to the Fire Marshal from time to time. Should Chapter 4 also adopt by reference the Uniform Fire Code? I hope these comments are helpful to you and at least to some extent, understandable. I agree that this is an excellent idea. Thank you for your time and attention. Best personal regards. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA:lm CC Steve Madson • George Field Brad Emans Gary D. Plotz is CITY OF HUTCHINSON HOUSING CODE /DANGEROUS BUILDING CODE ADMINISTRATION, INSPECTION 6 ENFORCEMENT ADMINISTRATION - OBJECTIVE: Develop an ordinance adopting a Housing Code and a Dangerous Building Code. INSPECTION: Develop an inspection program for all dangerous buildings and existing housing which establishes minimum Life Safety and Health Code requirements. An inspection should be made upon receiving a written complaint by renter, neighbor, Fire Dept., etc. ENFORCEMENT: Establish Appeals Board - Building Codes Advisory Committee. • CHAPTER 4 —. Housing Code/Dangerous B Section 4.20. Adoption of the Uniform Housing Code �X Reference The "Uniform Housing Code, 1985 Edition ", prepared by the International Conference of Building Officials, are hereby adopted and incorporated herein and shall be controlling within the City of Hutchinson. At least three copies of said code shall be on file in the office of the Clerk of the City of Hutchinson for use and examination by the public and shall be marked "Official Copies ". Section 4.21. (1) Application The provisions of this Housing Code shall provide minimum requirements to safeguard health, property and public welfare by regulating and controlling the use, occupancy, location and maintenance of all residential buildings, structures and accessory structures within the City of Hutchinson. The provisions of this Housing Code shall apply to all buildings or portions thereof used, designed or intended to be used for human habitation. Applicable requirements shall apply to all accessory structures, rooming houses, lodging and /or boarding houses, dwellings and dwelling units used for human habitation. (2) Alteration Existing buildings which are altered or enlarged shall be made to conform to this Code insofar as new work, alterations or enlargements are concerned. • (3) Relocation Existing buildings which are moved or relocated shall be considered as new buildings and shall comply with all requirements of this Code. Section 4.22. For the purpose of this Code, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this section. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. Terms, words, phrases and their derivatives used but not specifically defined in this Code shall have the meaning defined in Chapter 4 of the Uniform Building Code, as adopted by reference as a part of the Hutchinson Ordinance Code. Apartment House Apartment house is any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other performing their own cooking services in the apartment house. Board of AR2eals. Board of Appeals when used herein shall mean the Building Construction Codes Advisory Commission of the City of Hutchinson. lJ 2 • Building Official Building Official shall be defined as the Director of Inspections or those other persons designated as Building Official by the City Administrator /City Council. Fire Marshal Fire Marshal shall be defined as the Director of Inspections or those other persons designated as Fire Marshal by the City Administrator /City Council. Health Officer Health Officer shall be defined as the Director of Inspections or those other persons designated as Health Authority by the City Administrator /City Council. Efficiency Living Units Efficiency living unit is any room having cooking facilities used for combined living, dining and sleeping purposes and meeting the requirements of Section 503(b) Exception, of the Uniform Housing Code. Family The definition of family is an individual or two or more persons related by blood or marriage or a group of not more than five persons (excluding servants) who need not be related by blood or marriage, living togeter in a dwelling unit. Hot Water Hot water shall be water at a temperature of not less than 110 degrees. Nuisance The following shall be defined as nuisances: • (1) Any public nuisance known as common law or in equity jurisprudence. (2) Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris, or vegetation which may prove a hazard for inquisitive minors. (3) Whatever is dangerous to human life or is detrimental to health. (4) Overcrowding a room with occupants. (5) Insufficient ventilation or illumination. (6) Inadequate or unsanitary sewerage or plumbing facilities. (7) Uncleanliness. n`-: ":ever renders air, food or drink unwholesome or detrimental to the health of human beings. • 3 Occupant Any person, firm, partnership, association, organization, • corporation or other who shall be in actual possession or have charge, care or control of any dwelling or dwelling unit within the City. Owner Any person, firm, partnership, corporation or other association who alone, jointly, or severally with others is the fee owner of record of any dwelling or dwelling unit within the City or any trustee or guardian or other representative of the fee owner or his estate. Person The word "person" shall include a corporation, firm, partnership, association, organization or any other group acting as a unit as well as individual. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any section of this Code prescribing a penalty or fine as to partnerships or association, the word shall include the officers, agents or members thereof who are responsible for any violation of such section. Repair Repair shall mean to restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last approximately as long as would the replacement by new items. Replace or Replacement Replace or replacement shall mean to remove an existing item or portion of a system and to construct or install a new item of a quality similar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is impractical. • Section 4.23. Appeals Whenever the Director of Inspections shall take action which is disputed, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongfully interpreted, the aggrieved party may appeal from the decision of the Director of Inspections to the Building Construction Codes Advisory Commission for its recommendation within 30 days from the date of the decision of the Director of Inspections and to the City Council for final decision. Section 4.24. Posting to Prevent Occupancy The Director of Inspections may post any building or structure covered by this Housing Code, as being in direct violation of the Housing Code, preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated, reasonable period of time and that the responsible person or persons has failed to correct the cited items. No person shall remove or tamper with any placard used for posting. No person shall reside in, occupy or cause to be occupied any building, structure or dwelling which as been posted to prevent occupancy. Section 4.25. Built -In Deficiencies Exempt The following are built -in deficiencies and shall be exempt from compliance with the Ordinance Code; provided, that such built -in deficiencies were in compliance with a building code at the time of construction and /or do not pose a hazard. • 4 • (1) Ceiling Height Any existing habitable room with less than a 7.5 foot ceiling height shall be considered a built -in deficiency which is beyond reasonable correction. (2) Superficial Floor Areas Any existing habitable room of less than 90 square feet shall be considered a built -in deficiency and beyond reasonable correction. (3) Natural Light and Ventilation Any existing habitable room with window area less than 10 percent of the floor area shall be considered a built -in deficiency beyond reasonable correction but in no case shall the required natural light and ventilation be less than 5 percent of the floor area. Section 4.26. Correction of Immediate Hazards No occupancy shall be permitted of any dwelling unit if vacant and an immediate hazard exists. If the dwelling unit is occupied and an immediate hazard exists, immediate corrective action shall be taken by the occupant, owner, agent of the owner or other responsible persons. The dwelling unit may be ordered vacated if no immediate corrective action is taken and the occupant, owner, agent of the owner or other responsible person fail to comply with any order to correct any immediate hazard. Immediate hazards to health and safety for human occupancy shall include but . not be limited to the following: (1) Heating systems that are unsafe due to: burned out or rusted heat exchangers (fire box); burned out or plugged flues; no vent; connection with unsafe gas supplies; or incapacity to adequately heat the living space. (2) Water heaters that are unsafe due to: burned out or rusted heat exchangers (fire box); burned out, rusted or plugged flues; no vent; connection with unsafe gas supplies; or lack of temperature and pressure relief valves. (3) Electrical systems that are unsafe due to: dangerous overloading; damaged or deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated wires; distribution Systems of extension cords or other temporary methods; ungrounded systems. (4) Plumbing systems that are unsanitary due to: leaking waste Systems, fixtures and traps; lack of water closet; lack of washing and bathing facilities; cross connection of pure water supply with fixtures or sewage lines; or the lack of water. (5) Structural systems, walls, chimneys, ceilings, roofs, foundations anc floor systems that will not safely carry imposed loads. (6) Refuse, garbage, human waste, decaying vermin or other dead • animals, animal waste, other materials rendering residential 3 buildings and structures unsanitary for human occupancy, including . lack of light and air. (7) Infestation of rats, insects and other vermin. Section 4.27. Smoke Detectors Required. All residential structures shall be provided with smoke detectors on each level of the structure where rooms are used for sleeping purposes. Such smoke detectors shall be installed in accordance with the State Building Code. Section 4.28. Requirements for Repair and Replacement Work. Any person doing any repair and /or replacement work on any residential building, structure and accessory structure covered in Section 4.21 (1) of the Ordinance Code shall complete any repair and /or replacement work in compliance with the standards contained in the definitions of repair and /or replacement in Section 4.22. Section 4.29. Structural and Life Safety Standards Compliance with the structural and life safety portions of any housing maintenance inspection required under Section 4.21 shall be in accordance with the building code in effect at the time of original construction, provided there is no significant danger to health and safety at the time of inspection. If no building requirements were in effect at the time of construction or the requirements cannot be determined, compliance shall be made to an extent to eliminate significant danger to health and safety. This section is not meant to conflict with hazardous buildings within the terms of other sections of • this ordinance; built -in deficiencies within Section 4.25; and immediate hazards within Section 4.26. Section 4.30. Exterior Completion: One- and Two - Family Residential The roof and the building exterior of all sides of all single- and two - family structures, garages and accessory buildings shall be finished with exterior building material as set forth in the State Building Code within 12 months of the issuance of a Building Permit for new construction, alterations or relocation. Section 4.31. Heating Rental Properties Every owner, operator or manager of any building who rents, leases or lets for human habitation any habitable room contained within such building on terms, either expressed or implied, to supply or furnish heat to the occupants thereof, shall maintain a minimum temperature of 70 degrees fahrenheit between September 1 and June 1, inclusive, at a point 3 feet above the floor level and not closer than 36 inches from any wall. The heating equipment shall be properly installed and maintained throughout the year. A habitable room shall be as defined by the Uniform Building Code. Section 4.32. (1) Authority The Building Official and Fire Marshal are hereby authorized and directed to enforce all the provisions of this Code. is 11 • (2) Right of Entry upon presentation of proper credentials the Building Official and Fire Marshal or his duly authorized representatives may enter at reasonalbe time, any building, structure, or premises in the City to perform any duty imposed upon him by this Code. OWNERSHIP RRSPONSIBILITIBS Section 4 .33. Responsibilities Defined Every owner remains liable for violations of duties imposed upon him by this Code even though an obligation is also imposed on the occupants of his building, and even though the owner has, by agreement, imposed on the occupant, the duty of furnishing required equipment or of complying with this Code. Every owner, or his agent, in addition to being responsible for maintaining his building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he occupies or controls in a clean, sanitary and safe condition including the shared or public areas in a building containing two or more dwelling units. Every owner shall, where required by this Code, furnish and maintain approved sanitary facilities as required, and shall furnish and maintain approved equipment or facilities for the prevention of insect and rodent infestation, and where infestation has taken place, shall be responsible for the • extermination of any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling. Every occupant of a dwelling unit, in addition to being responsible for keeping the dwelling or dwelling unit or premises which they occupy and control, in a clean, sanitary and safe condition, shall dispose of all rubbish, garage and other organic waste in a manner required by this Code. All occupants shall, where required by this Code, keep their premises in a safe and sanitary condition. Section 4.34. Hazardous Buildings All buildings or portions thereof which are determined to be substandard as defined In this Ordinance Code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 463.15 et seq. Minnesota Statutes, related to Hazardous and Substandard Buildings. PART -4 — HAZARDOUS BUIWUGS Section 4.35. Hazardous Buildings A hazardous building is any building which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire hazard to public safety and health. The term "building" shall include any structure or part of a structure. The • terms "building" and "structure" shall be defined as in Minnesota Statutes 7 Chapter 463. Section 4.36. owner Defined The terms "owner ", "owner of record" and • "lien holder of record" are defined as persons having a right of interest in the property where the hazardous building is located. Evidence of that interest must be filed and recorded in the offices of the McLeod County Recorder. Section 4.37. Hazardous Building Defined Any building or structure which has any or all of the following defects shall be deemed a hazarous building, including one- and two- family, multi - family, commercial, industrial, out buildings, etc.: (1) Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base. (2) Those which, exclusive of the foundation, show 33 percent or more, damage or of deterioration of the supporting member or members or 50 percent of damage or deterioration of the nonsupporting enclosing or outside walls or covering. (3) Those which have improperly distributed loads upon the floors or roofs, or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used. (4) Those which have been damaged by fire, wind or other causes so as • to have become dangerous to life, safety or the general health and welfare of the occupants or the people of the City of Hutchinson. (5) Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, safety or general welfare of those occupying or using the same. (6) Those having light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein. (7) Those having inadequate facilities for egress in cases of fire or panic. (8) Those which have parts thereof which are so attached that they may fall and injure members of the public or property. (9) Those which because of their condition are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of the City. • • (10) Those buildings existing in violation of any provision of any ordinance of the City relating to the construction of buildings or the installation therein or thereon of heating, plumbing or electrical equipment, appliances, or devices. (11) Those buildings which have been only partially completed and which because of their incomplete condition are unfit for the uses for which they were designed and intended; provided such buildings or structures have been left in such uncompleted condition for more than one year, and the owner thereof has failed during such time to renew his Building Permit or furnish the Director of Inspections with information upon which the Director or the City Council may determine that such building or structure will be completed within a reasonable time thereafter; any such building or structure shall be deemed an abandoned uncompleted building or structure and a hazardous building within the terms of this ordinance if such building is constructed of imflammable materials and is sufficiently close to adjacent buildings to constitute a fire hazard; if such building or structure is left open so it may be frequented by children or by persons with criminal intentions; if any portion of the building is liable to deterioration so as to be seriously detrimental to values of property in the vicinity. The terms "building" and "structure" as used herein shall be defined as defined in Section 4.35 of the City of Hutchinson Code • and each shall include underground structure, including wells, cisterns, cesspools, basements, and foundations, whether or not there is any structure or building thereon. Section 4.38. Standards for Repair, Vacation or Demolition The following standards shall be followed in substance by the Director of Inspections or Fire Marshal and the City Council in ordering repair, vacation or demolition: (1) If the hazardous building can reasonably be repaired so that it will no longer constitute a hazardous building under this ordinance, it shall be ordered repaired. (2) If the hazardous building is in such condition as to make it hazardous to the health, safety or general welfare of its occupants, it shall be ordered to be vacated. (3) In any case where a hazardous building is 50 percent damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a hazardous building cannot be repaired so that it will no longer exist as a hazardous building under the terms of this ordinance, it shall be demolished. Section 4.3 j, hazardous building Nuisances All hazardous buildings within the terms of Sections 4.35 and 4.37 of this Ordinance Code are hereby declared to be public nuisances and shall be repaired, vacated or demolished • as hereinbefore and hereinafter provided. 0 Section 4.40. Duties of Director of Inspections /Fire Marshal The • Director of Inspections /Fire Marshal shall: (1) Inspect any building, wall or structure about which written complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this ordinance. (2) Inspect any building, wall or structure reported by the Fire or Police Departments of the City as probably existing in violation of the terms of this ordinance. (3) Notify in writing by mail, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the land records of the County Recorder of the County of McLeod, and whose addresses can be ascertained, of any building found by him to be a hazardous building within the standards set forth in Section 4.37 of this ordinance, that: (a) The owner must vacate, repair or demolish said building in accordance with the terms of the notice and this ordinance. Non- conformance with said notice by the deadline date shall be deemed a misdemeanor. The City Council may then demolish the dangerous structure and levy the demolition costs and administrative fee against the property. (b) The occupant or lessee must vacate said building, or may • have it repaired in accordance with the notice and remain in Possession. (c) The mortgagee, agent or other persons having an interest in said building may at his own risk repair, vacate or demolish said building or have such work or act done, provided that any person notified under this subsection to repair, vacate or demolish any building shall be given such reasonable time as may be necessary to do, or have done, the work or act required by the notice provided for herein. r1 LJ 10 CITT OF ROT MLNRSOTA ROUSING 139SPWf105 CR= LIST DRESS: INSPECTOR: DATE: I j I 11. Paint Siding, House Numbers i I i I 12. Foundation Gutters 6 Drainage I I I I 13. Fascia Soffit Roof k Ventin I I I Steps, Handrails, Guardrails, 14. Porches 6 Decks I I 1 5. Masonr Chimne s Liners Transites I 1 indows, Window Frames, tOrmB 1 6. 6 Doors I 1 7. Backflow Preventers I I I Clearance of Electrical Wires_ f I I Stairs, Handrails, Swing of 114. Door at Steps I 1 115. Foundation /Slab Standing Water I I 1 116. Floor System, Columns 3 Beams I I I ! 17. Sleeping Room - Egress on, Fireplaces Hearth Extensions I I I I 1 . Auxiliary Heat Sources I I I Ill. Structural Condition Paint I I I 2. Electrical 3. Attached Garage - Fire S eparation Wall I I I [v. Flues, Di I Chimnev C I I I I I I I I I I u. waste & Vent of Fixtures I I I I 131. Piping, Cleanouts Plugs I I I I 1 32. Backflow Preventers Sumps /Covers I I LITCHI I I I 133. Walls Ceilin Floor & Windows I I I I 134. Electrical Outlets WiringI I I I 135. PlumbinE Fixtures (Waste R Venting) I I I 136. Water Pressure I I I 1 137. Flex Gas Line I I I I 138. Kitchen Countertop I I i LIVING AND DIKING ROOKS I I I 1 39. Walls, Ceiling, Floor 6 Windows I I 140. Electrical Outlets 6 Wirin I 1 I I 141. Fireplace, Stove Hearth Extension I I 1 WA A I I I 142. Walls Ceilin s Floors 6 Windows I I BAT®t00M I i I 142. Walls Ceilings, Floors 6 Windows I I I i 143. Electrical Outlets /Fixtures I I I I 1 44. Water Pressure I I I I r i 1 I I i I 4 I I i I I I i I I i I i I I I I I i i I I I I I i i I I I 7V. JmoKe Alarms I 1 1 51. Swimming Pools Whirlpools /Hot tubs I I 152. Legal Occupancy 8 Use I I (5_Other i • CITY OF BUTculs". MDEUMO HOUSING INSPECTION CURCKLIST - ITEM EXPLANATION EXTERIOR 1. Paint all exterior wood or other material which is susceptible to deterioration by the action of the weather must be protected by paint or a similar protective sealer. Those areas where the paint is extensively bubbled, cracked, and /or peeling must be scraped and sanded; all bare wood must be sealed or primed (unless of rot - resistant treated lumber, redwood, etc.). Even weather resistant wood, if already painted, must be refinished if large areas of scabbing paint, etc. 2. Siding all exteriors of buildings must be covered with an appropriate material. Existing siding must be in good condition (e.g. no missing or rotted pieces). All corner pieces must be installed. 3. House Numbers a set of numbers must be legible from the street for any emergency vehicles. 3" is the minimum size of numbers. Curb and step numbers are not acceptable substitutes because of snow and other cover. 4. Foundation no major cracks or shifting. Must have adequate footings. 5. Gutters if provided, must be properly installed and in good condition. Downspouts, splashpads and sometimes long leaders are required to divert • water away from foundation. 6. Drainage low areas near foundation must be graded to slope out into yard. If window wells have evidence of drainage problems (water stains, etc.), they must be made to drain properly or be covered. 7. Fascia /Soffit deteriorated and missing material must be replaced. 8- Roof: cannot be leaking - if so, it must be repaired or replaced to minimum code (depending on age and condition of existing covering). Even roofs which are not leaking but show extensive areas of damaged, deteriorated, or missing shingles or roofing must be replaced. Indications of structural defects such as sagging roofs, missing rafters or other structural members, etc., will require the necessary repairs or replacement. New roofs must be vented properly. 9. Venting Where any observable signs exist that lack of venting is either causing damage or where damage is almost certain to develop, adequate venting will be essential. New roof louvers must be installed to quality standards (e.g. no roofing nails can be exposed to the weather). Existing exposed loose and /or popped roofing nails (in a area of the roof) must be secured and covered with an exterior grade or silicone caulking. Existing vents cannot be damaged. • 1 10. Step Treads and Risers must conform closely with the requirements for • pre - existing steps of 4" to 7 -1/2" for the vertical risers (consistently repeated througout each set of steps) and a run (tread) horizontally for 10 ". Some pre - existing non -code steps are considered built -1n deficiencies and will be accepted if provided with reasonable life /safety requirements (e.g. lighting and handrails). Otherwise, they must be redone. For newly constructed steps, they must conform with a 4" to 8" rise and a 9" to 11" run. 11. Wooden Steps and Landings wood must be in good condition and of sufficient strength for all normal and expected uses. Any wood or exterior of house which is not of a rot - resistant type must be primed and painted. If new wooden structure is built on the exterior, then the wood must be foundation grade rot resistant lumber when the following conditions apply - a. wood which is in contact with the ground; b. wood which is in contact with concrete that is in contact with the ground; or c. wood which is within 6" of the ground. If the steps are attached to a structure which is on footings, then the steps must be on footings. 12. Concrete St_ eps and Landing must be in good condition. Any cracks, gaps, or holes in concrete are to be patched to prevent further deterioration by water penetration. If the steps or landing are attached to a structure which is on footings, then footings will be required for the steps if there are settling or other problems which will create a hazardous condition. 1 3. Handrails any set of steps with 4 or more risers (leading up to an • exterior entrance or inside the structure) requires a grippable handrail (2 x 4's are not allowed as newly installed rails). They must be rigidly secured for safety. New rails must be installed 34" to 38" above tread nosing. 14. Guardrails any raised platform (interior or exterior) from which there is an unobstructed drop of 30" or more to a lower level is required to have a railing which has no opening which would allow a sphere of 6" or greater in diameter to penetrate. Guardrails must be a minimum 36" in height. 15. Porches must be structurally sound and have footings. Deteriorated 16. Decks must be structurally sound. See preceeding about treated lumber, guardrails, etc. 17. Masonry Chimneys must be structurally sound. All cracks or missing areas of mortar must be patched. Missing or badly damaged bricks must be patched or replaced. A clay tile is mandatory for the inside of the bricks. 18. Liners a clay tile liner for masonry chimneys into which gas appliances are exhausted must have a protective interior metal lining installed. • �j 19. Transites any of these cement - asbestos flues showing any signs of . deterioration on the exterior or on the interior (such as cracking) will require replacement with an approved flue. 20. Metal (Class "A ") Chimney usually installed for wood stove or fireplace. If the installation of the flue and attached heater is approved, any bare metal chimney that may run up the side of a house must be covered with a chaseway to within V of the top of the chimney using a material that will blend aesthetically with the siding. 21. Windows replace all cracked and broken glass. Extensive loose and missing putty must be replaced and given a protective coating of exterior grade paint. Sashes must not be rotted and must be structurally sound. Wood must have paint. 22. Window Frames must be structurally sound and wood must be protected with paint. 23. Storm Windows all windows (including basement) must be supplied with storms (not applicable if thermal pane sashes exist). Storms must be in good condition (as per "Windows "). 24. Storm Doors are required for all entrances except where entrance is already protected from the weather (e.g. in a porch). Doors must be in good condition (painted wood, etc.) and have a storm window insert for the winter. A closer must be installed and operable. • 25. Outside Entrance Doors must be in good condition (no delamination, severe checking, holes, etc.), properly installed and equipped with a usable lock. Hardware must operate. 26. Backflow Preventer for outside spigots, laundry tub spigot, and any other hose bibs (except for automatic washer supply attachments 6 water heater sediment spigot) as explained on papers handed out at time of application. 27. Clearance of Electrical Wires service wiring cannot be within 10 of the grade not can it be within 8' of the surface of any open porch, deck or other such open A accessible platform. Wiring is also prohibited from running within 3' of any openable window. Clearanoe above a driveway is 12 minimum. All questionable clearances subject to approval of Electrical Inspector. 28. Fixtures outside electrical fixtures must be of a safe exterior type End properly installed (e.g. no open splices). 29. Electrical Outlets at minimum, outside should be of a legal grounded exterior type and must have a weatherproof cover. The boxes & re =ut< r _- >' must be secure and not loose in their installation and with proper wiring. 3 30. Lock on (Certain) Air Conditioner Disconnect Boxes a central A/C unit • will have an exterior fuse or breaker disconnect in a metal box. IP there is a fuse or exposed wiring in the box which is accessible to children, then the box must be locked. 31. Central Air Conditioning Units the exterior compressors must be reasonabley supported off the ground. 32. Yard: must be free of refuse and debris. Dead trees need to be removed if hazardous. 33. Retaining Walls must be in good repair. 34. Accessory Buildings storage sheds and the like must be in good condition. 35. Sidewalks must be of a relatively level and unbroken surface so that they will not create a life /safety problem. 36. Fences must be in good repair, including painting. GARAGE I. Structural Condition roof, framing, siding, doors, etc. must be in good repair. Slab S apron to driveway must not have cracks or holes which will allow salt and water penetration (and thus further damage to the • foundation). Barrel stoves are not legal. Any heating appliance must have the proper hookups, etc. and may require approval by the Heating inspector. 2. Paint all exterior wood or other material which is susceptible to deterioration by the action of the weather must be protected by paint or a similar protective sealer. Those areas where the paint is extensively bubbled, cracked, and /or peeling must be scraped and sanded; all bare wood must be sealed or primed (unless of rot - resistant treated lumber, redwood, etc.). Even weather resistant wood, if already painted, must be refinished if large areas of scabbing paint, etc. 3. Electrical no illegal wiring, open splices, uncapped ,junction boxes, etc. If a garage door opener exists, it must be supplied with a three prong grounded receptacle for direct plugging. No extension cords are allowed. 4. Attached Garage Fire Separation any combustible wall or ceiling that is in common with both house and garage requires applicable fire protection on the garage side. Any holes, gaps, or cracks greater than 1/16" must be patched /covered with 5/8" Type -X gypsum board and /or sealed with other approved materials. This includes around penetrations caused by electrical cables, rafters, ductwork, etc. Walls of combustible material that are not in common but which provide stuctural support for living areas must be fire protected too. Support beams and posts (even if made • 4 • of steel) which provide support for living areas must be fire protected. Also, doors which separate the garage from habital spaces must be of a 1 -3/8" (or greater thickness) solid core with no windows or other openings and have an automatic door closer. These doors must close tightly. If the existing door is not of such a type, it can be made to meet requirements by the application of 5/8 " - X gypsum board on the garage -side of the door (as long as the edges of the gypsum are protected by using a Metal J- channel or other approved material). BASEMW 1• Stairs must be strucurally sound and properly supported. Treads cannot be cracked or broken. Rise and run as per item #4 ( "Steps "). No loose and sliding carpeting on steps. Must be illuminated by properly wired fixture. 2. Handrails guidelines as per item #4. Also, an open side to a stairway is prohibited and must be protected by a handrail or wall. 3. Swing of Door at Steps a door cannot open over a flight of steps without a landing available. See exceptions in U.B.C. 4. Foundation /(Floor)Slab both must be structurally sound - no holes, gaps, or open areas. A dirt floor is accepted in an open basement but will be noted on the report. In a crawl space where there is evidence of a moisture problem, a vapor barrier ground cover of 6 mil. polyethylene plastic is necessary to inhibit moisture buildup In floor Joists. Where there is a poly ground cover, it must be covered with at least 1" of ? -rock, gravel, or clean sand for protection from fire and abuse. A crawl space usually requires some ventilation. A living area that has exposed foam board insulation or polyethylene plastic sheeting (e.g. as a covering over insulated batting in a framed wall in the basement) either must be removed or must be covered with 112" gypsum board in order to prevent toxic smoke and flame spread in a fire. 5. Standing Water signals a problem either with exterior drainage or with internal plumbing and must be corrected. Damage that has resulted from standing must be rectified. 6. Floor System must provide proper support for the floor above (no sagging, etc.) and must not show rotting or other deterioration. 7. Columns there must be enough support posts to hold the flooring level with no undue stress to the support beams. The columns must be of sufficient strength and size to hold the weight imposed and must not show unusual damage or abuse. Where the posts meet the floor, floor must show no stress cracks or sinking. The bottoms of the columns should be raised Of" the floor by a concrete plinth platform to prevent end rot. • 5 8. Beams there must be enough support beams to hold the flooring level • with no undue stress to the floor ,joists. The beams must not show unusual damage or abuse and must be properly supported by the posts. 9. Sleeping Room in basement requires a code sized and properly installed egress window for escape in case of fire and an approved smoke alarm outside of room. ELECTRICAL 1. Size of Service the supply for the residence must be sufficient to carry the load requirements of the home. A 30 amp service is never sufficient for a modern home. (A basic Rule of Thumb which does not always apply : a 60 amp service is sufficient in a home where there is no more than one 220 volt hookup or appliance such as an electric range, an electric dryer, or an electrical central A/C unit.) 2. Grounding the service, water meter, and any applicable appliances, etc. must be grounded properly. 3. Fustat Fuses outdated and obsolete fuse types (such as T, TL, W, etc.) must all be replaced with legal and safe fuse limit adapter inserts and type —S fustats properly sized to the circuit lines. Panels must be supplied with interior deadfronts which block easy access to open live wiring (branch panels can be locked to prevent access by children if the panels have an exterior on /off switch or lever). Any open fuse holes, holes in the sides of panels, and open circuit breaker slots must be Plugged or capped to prevent access to live Wiring. u. 20 Amp Laundry Circuit both the laundry and kitchen require a separate and isolated 20 amp circuit for each area. The laundry circuit must supply the power to the receptacle(s) to which the washer and dryer (if it is not a 220 volt appliance) are plugged. 5. Box Covers ,junction boxes are required for splices (no open splices). All ,junction or empty fixture boxes must have properly capped wiring and protective cover. All switches and outlets must have cover plates. 6. Wiring all hazardous wiring must be removed or corrected. T. Pendants any ungrounded lights or electrical outlets that hang from the power cord (such as often found over a laundry area) are hazardous. They must be removed at the source or ,junction box and capped. 8. Light Fixtures in Storage Areas /Closets these can be a fire hazard. An incandescent (hot filament) light fixture cannot be within 18" of any open shelves or clothing. 9. Applicance Receptacles all major appliances (e.g. washer, dryer, watersoftener, etc.) or lights and permanent appliances that have three • 3 -::.rti a • prong plugs must be supplied with three prong grounded receptacles for direct plugging. 10. Extension Cords indirect connections to any light or appliance are not approved. Thus, extension cords, octopus extension outlets, light socket adapter outlets, etc. are prohibited. Also, lights with a pullchain (which could cause a short circuit into a grounded person) must have the chain shortened and replaced with a non - conductive pullcord (e.g. string, leather, etc.). HEATING AND GAS PIPING 1. Condition of Heating Plant must be in safe and good operating condition. If the inspector suspects that there is a problem with the unit such as excessive deterioration (e.g. badly corroded inspection plate, heat exchanger or interior flue) or excessive moisture is in house or the unit is well beyond the expected life expectancy of the unit, it might be required that a licensed heating contractor will have to smoke and CO test the unit. A written certificate of safety must then be presented to the owner and a copy provided for our records before approval. Combustion air intake must be added in those cases where the furnace area is not adequately supplied with an air supply. 2. Safety Controls these must be in good working condition. The item of most note to our inspectors is the emergency electrical shut -off switch. It must be in an easily accepible position near the furnace or in the electrical service panel if that panel is within easy reach of furnace. 3. Soldered Gas Lines illegal and not acceptable. Must be corrected to code (see next item on lines). b. Flex -Line the commonly found pleated copper lines or flex -lines are not approved. They must be replaced using solid iron pipe or soft copper tubing with flared fittings. 5. Condition of Gas Valves these are emergency shut -off devices for any gas appliances such as the gas range, spaeeheater and dryer. They lust be in such a condition that they are easily operated without the use of a tool by the persons living at the home whether it be an elderly person with arthritis or whomever. Sticking valves cannot be accepted nor am they be loosened if they have a hex nut (because this will cause leakage). If new valves are required, they must be UL or AGA approved or ball valves. All must be in an easily accessible location. No valve can control more than one appliance and all gas appliances need a valve. 6. Flues must be in good condition. Excessive corrosion or weakness is not acceptable. All points must be secured with metal screws. where the flue penetrates the floors above, the gap around the flue must be closed • off to fires by the installation of a code approved fire resistive VA material (fire -stop) such as a metal flange (this prevents any fire that • starts in the basement from rapidly shooting up through the flue chaseway and bursting out into the floors above). A fire -stop is also required where the flue penetrates the floor of the attic. Remove any stuffed insulation from gaps before installing fire - stopping. 7. Flues (Class "A ") for Woodstoves and Solid -Fuel Appliances these need to be installed as part of an overall accepted heating system package. They must be approved and listed and must be installed as per manufacturer's specifications. Unlisted items might have to be removed or modified to meet proper clearances to combustibles. 8. Diverters where required and existing on a flue, they must be in good operating condition (no deterioration). 9. Clearances clearances to combustibles or insulation must be met by all types of flues. A class "C" flue (single metal wall) requires a minimum of 6" to combustibles (e.g. wood framing and /or panelling in a basement partition wall). A class "B" (double wall) requires a minimum Of 1" to combustibles. If the requirements for class "C" cannot be met without major remodelling, sometimes the replacement of the "C" with a "B" (needing 1" clearance) will solve the problem. An approved chaseway must be supplied for all flues where they go through any living or storage area (e.g. main floor closet) to maintain a proper clearance to combustibles. 10. Masonry Chimney Condition must be in good condition (no holes, cracks, • settling, etc.) All holes need to be permanently sealed with concrete. If appliance flues enter chimney, they must be mortared in. Where there is a metal lining in a chimney, a drip -T moisture escape tube must be at bottom. Chimneys going up through the framing of a house (interior chimneys) require a fire -stop as explained for flues (previous) and should also have proper clearances to combustibles and insulation. 11. Fireplaces must be in good condition. All gaps and loose bricks must be mortared with fire resistive mortar. Dampers must be operable. The condition and installation of the firebox can be of a surface visual inspection only and cannot guarantee that it was correctly installed initially. No fireplace can be installed unless directly integral with chimney (no intervening flue) and cannot share liner with any appliance. 12. Hearth Extensions the Building Code states the following = a. For hearth openings of 6 square feet or less, the hearth lip must extend a minimum of 8" to either side of the opening and to 16" in front; b. For hearth openings of greater than 6 square feet, the hearth lip must extend a minimum of 12" to either side of the opening and 20" to the front. The installation and materials of the hearth extension must be to code. However, in cases where there are permanently installed tight fitting glass firedoors or heavy mesh screens,for the purposes of this inspection the overall dimensions of the hearth extension can be reduced to 6 ". The lip is to be of non - combustible material. (Remove carpeting, etc!) K • 13. Auxiliary Heat Source _ In General the appliance must be in good condition. 14. Gas Spaceheater gas valves and piping must be in good condition. A 6" or greater clearance from heater to all combustibles must be maintained. any spaceheater in a bedroom must have proper combustion air intake and exhaust direct to exterior (no combustion air can be taken from bedroom living area). 15. Wood Stoves and Solid -Fuel Appliances these must be part of an approved and listed system and installed as per manufacturer's specifications. Unlisted appliances might have to be removed or modified to meet proper clearances to combustibles. 16. Incinerator Any existing unit must be listed and approved and in good operating condition or removed and all connections disconnected and permanently capped. WATER HEATER 1. Condition no leaking and in a safe and operable condition. 2. Venting flue must be in good condition. All ,joints must be secured with metal screws. If the vent connects with the furnace flue (smoke • pipe), it must do so with a 45 saddle junction. Clearances to combustibles must be met (as previously noted). 3. Pressure /Temperature Relief Valve must be a legal operable 3/4" valve installed such that the temperature senser is within the tank in the top 1/3 section of the heater. An existing valve might be tested if conditions warrant (e.g. excessive corrosion or age, sediment buildup, etc.). 4. Drop Leg (Drain Pipe) a 3/4" drop pipe must extend from relief valve down to within 18" of the floor. 5. Cold Water Supply Shut -Off Valve a full -flow valve is necessary for any water heater installation since 1980. 6. Gas Shut -Off Valve must be in such a condition that it is possible to De easily operated without the use of a tool by the persons living at the home whether it be an elderly person with arthritis or whomever. Sticking valves cannot be accepted nor can they be loosened if they have a hex nut (because this will cause leakage). If new valves are required, they must be UL or AGA approved or ball valves. All must be in an easily accessible location. No valve can control more than one appliance and all gas appliances need a valve. 4 PLUMBING 1. Waste and Venting of Fixtures original plumbing must conform to • Plumbing Code in effect at time of the construction of the building. All other plumbing installed at a later date must conform to present codes. The condition of any plumbing hidden within a finished wall can only be surmised (sometimes it might be necessary to gain access in order to ascertain its condition). Waste lines which are leaking or improperly patched will have to be replaced. Waste piping which is of a pleated flex type is not approved. Any open waste line must be permanently sealed. 2. Water Piping must be of code approved materials, in good condition, and properly installed. 3. Cleanouts waste stacks must have cleanouts and they must be accessible. 4. Plugs any washer standpipe waste line not in use must be at least temporarily tightly plugged until put into use. Floor drains require that their cleanout bypasses have an appropriate cleanout plug (and also a cover grate which is in one piece). A floor drain which is never used should be capped. 5. Backflow Preventers for hose spigots (e.g. laundry tub faucet) as explained on handouts at time of application. 6. Sumps /Covers sump pits must have solid one piece covers (e.g. . Fiberglas 112" CDR plywood, steel) which are secured to the top and can hold the weight of an adult. The sump effluent from a drain tile system cannot empty into the city sewer system but must be deverted into the yard away from the house. KITCHEN 1. Wal ls d Ceiling must be in good condition. Any areas of excessively flaking paint must be refinished (lead based paint was in use until the 1970's and is a great hazard to children). 2. Floor must be in good condition and should be of a relatively smooth, unbroken and cleanable material that will not hold dirt and food particles (e.g. a good quality linoleum). Although throw rugs are acceptable because they can be easily removed and cleaned, carpeting can never be satisfactorily cleaned of food and liquid spills and should never be used as floor covering in a kitchen (also, it tends to hold moisture which causes mildew and damage to flooring). Well installed and clean carpeting is acceptable, but any existing carpeting that is in a deteriorated or unsanitary condition (or is layed directly over a porous wood floor) must be removed and replaced with resilient floor covering over a suitable underlayment. If floor tiles exist, they must all be there, intact and glued tightly to the floor. There must be baseboard 10 . against walls (and cupboards, etc.) to prevent food particles and moisture from penetrating and collecting in cracks. 3. Windows replace all cracked and broken glass. Extensive loose and missing putty must be replaced and given a protective coating of paint. Sashes must not be rotted and must be structurally sound. Wood must have paint /varnish. 4. Electrical Outlets all major appliances (e.g. washer, dryer, watersoftener, etc.) or lights and permanent appliances that have three Prong plugs must be supplied with three prong gounded receptacles for direct plugging. Also includes all refrigerators and freezers (where observable) and any microwaves or ranges with grounded three prong plugs. The refrigerator receptacle must always be of a three prong grounded type outlet even if the existing refrigerator is only a two prong plug. The third grounding prong must never be removed from a plug. 5. Wiring light fixtures cannot be hanging loose or have "shorting" wiring. Open junction boxes must be covered, etc. 6. Exhaust Fans: these are not required for kitchens. However, if one exists, it should be in good working order and it must be properly mounted with all wiring in good condition (no frayed ends, etc.) and installed properly. 7. Plumbing Fixtures leaking faucets must be corrected. The dishwasher • waste line must loop up to be secured at top of counter before being tied into main waste. Original plumbing must conform to Plumbing Code in effect at time of construction of the building. All other plumbing installed at a later date must conform to present codes. The condition of any plumbing hidden within a finished wall can only be surmised (sometimes it might be necessary to gain access in order to ascertain its condition). Waste lines which are leaking or improperly patched will have to be replaced. Waste piping which is of a pleated flex type is not approved. Any open waste line must be permanently sealed. 8. Water Pressure must be adequate to meet the needs of the residence. 9. Flex Gas Line: the commonly found pleated copper lines or flex -line are not approved. They must be replaced using solid iron pipe (also operable valve for gas oven, etc.). 10. Countertop must be in good repair and able to be maintained in a sanitary condition. • 11 LIVING AND DINING ROOMS 1. Walls and Ceilings must be in good condition. Any areas of excessively flaking paint must be refinished (lead based paint was in use until the 1970's and is a great hazard to children). 2. Floor must be in good repair (nothing that could constitute a tripping hazard or structural problem). 3. Windows replace all cracked and broken glass. Extensive loose and missing putty must be replaced and given a protective coating of paint. Sashes must not be rotted and must be structurally sound. Wood must have paint /varnish. 4. Electrical Outlets must have cover plates, be securely mounted, etc. The minimum number is as follows - for the first 120 square feet of floor area in the room, there must be at least two point sourrces of power (e.g. there can be either two separate receptacles or one receptacle and one direct wired light fixture); for every additional 80 square feet or increment thereof, another receptacle must be added (e.g. if the living room was 190 square feet and it only had two outlets and no light, a wall lamp could be added at the interior of the entrance door to the outside). There should be a light switch or an outlet for a lamp near entrances to the room so that persons entering do not have to stumble through the dark to find the light when the room is unlit. 5. Wiring light fixtures cannot be hanging loose or have "shorting" • wiring. Open function boxes must be covered, etc. 6. Fireplaces must be in good condition. All gaps and loose bricks must be mortared with fire resistive mortar. Dampers must be operable. The condition and installation of the firebox can be of a surface visual inspection only and cannot guarantee that it was correctly installed initially. No fireplace can be installed unless directly integral with chimney (no intervening flue) and cannot share liner with any appliance. 7. Hearth Extensions the Building Code states the following : a. For hearth openings of 6 square feet or less, the hearth lip must extend a minimum of 8" to either side of the opening and to 16" in front; b. For hearth openings of greater than 6 square feet, the hearth lip must extend a minimum of 12" to either side of the opening and 20" to the front. The installation and materials of the hearth extension must be to code. However, in cases where there are permanently installed tight fitting glass firedoors or heavy mesh sereens,for the purposes of this inspection the overall dimensions of the hearth extension can be reduced to 6 ". The lip is to be of non - combustible material. (Remove carpeting, etct) 8. Wood Stoves and Solid -Fuel Appliances these must be part of an approved and listed system and installed as per manufacturer's specifications. Unlisted appliances might have to be removed or modified to meet proper clearances to combustibles. 12 • HALLWAYS AND STAINS 1• Walls and Ceilings must be in good condition. Any areas of excessively flaking paint must be refinished (lead based paint was in use until the 1970's and is a great hazard to children). 2. Floor must be in good repair (nothing that could constitute a tripping hazard or structural problem). 3. Windows replace all cracked and broken glass. Extensive loose and missing putty must be replaced and given a protective coating of paint. Sashes must not be rotted and must be structurally sound. Wood must have paint /varnish. 4. Step Treads and Risers must conform closely with the requirements for pre - existing steps of 4" to 7 -1/2" for the vertical risers (consistently repeated througout each set of steps) and a run (tread) horizontally for 10 ". Some pre- existing non -code steps are considered built -in deficiencies and will be accepted if provided with reasonable life /safety requirements (e.g. lighting and handrails). Otherwise, they must be redone. For newly constructed steps, they must conform with a 4" to 8" rise and a 9" to 11" run. 5. Wooden Steps and Landings wood must be in good condition and of sufficient strength for all normal and expected uses. Any wood or • exterior of house which is not of a rot - resistant type must be primed and painted. If new wooden structure is built on the exterior, then the wood must be foundation grade rot resistant lumber when the following conditions apply - a. wood which is in contact with the ground; b. wood which is in contact with concrete that is in contact with the ground; or C. wood which is within 6" of the ground. If the steps are attached to a structure which is on footings, then the steps must be on footings. 6. Concrete Steps and Landing must be in good condition. Any cracks, gaps, or holes in concrete are to be patched to prevent further deterioration by water penetration. If the steps or landing are attached to a structure which is on footings, then footings will be required for the steps if there are settling or other problems which will create a hazardous condition. 7. Handrails any set of steps with 4 or more risers (leading up to an exterior entrance or inside the structure) requires a grippable handrail (2 x We are not allowed as newly installed rails). They must be rigidly secured for safety. New rails must be installed 34" to 38" above tread nosing. 8. Guardrails any raised platform (interior or exterior) from which there is an unot�*­ ^ted drop of 30" or more to a lower levbel is required to have a railing which has no opening which would allow a sphere of 6" or greater in diameter to penetrate, including open stairwells. Guardrails must be a minimum 36" in height. 13 9. Light Fixture required to light entire stairway. If bedroom(s) on • second floor, the light must be operable from both floors for safety. 1. Walls and Ceilings must be in good condition. Any areas of excessively flaking paint must be refinished (lead based paint was in use until the 1970's and is a great hazard to children). 2. Floor must be in good condition and should be of a relatively smooth, unbroken and cleanable material that will not hold soil and urine residue (e.g. a good quality linoleum). Although throw rugs are acceptable because they can be easily removed and cleaned, carpeting can never be satisfactorily cleaned of waste contamination and should never be used as floor covering in a bathroom. Well installed and clean carpet is acceptable, but any existing carpet that is in a deteriorated or unsanitary condition (or is layed directly over a porous wood floor) must be removed and replaced with resilient floor covering over a suitable underlayment. If floor tiles exist, they must all be there, intact and glued tightly to the floor. There must be baseboard against walls (and vanities, etc.) to prevent soil particles and moisture from penetrating and collecting in cracks. The seam at the base of the water closet and bathtub must be sealed against moisture penetration with silicone caulk. Occasionally, water damage to the floor boards under the bathroom is severe enough to require replacement. 3. Windows replace all cracked and broken glass. Extensive loose and missing putty must be replaced and given a protective coating of paint. Sashes must not be rotted and must be structurally sound. Wood must have paint /varnish. Note that in bathrooms, windows are required to be in an opena5le condition for ventilation if there is no exhaust fan. Bathroom windows are often the most deteriorated windows in the home. 4. Door: every bathroom shall have a permanently installed door or other type of privacy partition. 5. Bathtub /Shower Surround must be in good cleanable condition. Wherever a bathtub meets a wall, the seam needs to be sealed with a silicone caulking. Bulging, cracks or other signs of deterioration of wallboard as a result of moisture penetration will require the repair or replacement of that wallboard with new moisture resistant gypsum board. This wallboard must hava a water repellant covering such as ceramic tiles, etc. Acrylic or fiberglas surrounds must fit tight to wall and all seams must be tight and sealed with silicone caulking. Tiles must be tight on wall, grouted, and sealed (with no gaps or cracks to allow moisture into wallboard). Where there is a shower, the waterproof covering must extend approximately 72" above drain and down all the way to a catch basin at floor. 6. Electrical Outlets one is required within easy reach of the wash basin. Access for plugging into it must not be obstructed (by light fixture, 14 12. Anti - Siphon. Ballcock as per handouts with application (make sure the required 1^ air gap is in proper adjustment in any existing anti - siphon ballcock as it is diagrammed in the handouts). 13. Shut -Off Val all water closet tanks require a shut -off valve for Their water supply lines. 1. Walls and Ceilings must be in good condition. Any areas of excessively flaking paint must be refinished (lead based paint was in use until the 1970 and is a great hazard to children). 2. Floor must be in good condition and should be of a relatively smooth, unbroken and cleanable material that will not hold soil and urine residue (e.g. a good quality linoleum). Although throw rugs are acceptable because they can be easily removed and cleaned, carpeting can never be satisfactorily cleaned of waste contamination and should never be used as floor e ;l:,g in a bathroom. Well installed and clean carpet is acceptable, but any existing carpet that is in a deteriorated or unsanitary condition (or is layed directly over a porous wood floor) must • be removed and replaced with resilient floor covering over a suitable 15 etc.). An existing outlet that is of good repair and safe installation can remain. Receptacles that are determined to be hazardous shall be disconnected and capped (and replaced with a CFI if no other receptacle is available to meet the requirements). Any newly installed receptacle must be a legal GFI. 7. Light Fixtures must be properly wired, in good repair and secured tightly to wall. 8. Water Pressure must be adequate to meet the needs of the residence. 9. Ventilation required for all bathrooms (or water closet areas). Can be by means of openable windows (which includes the storm window) or by code installed ventilation fan exhausted with insulated duct to the exterior where it is to be capped with a vent Jac /cap. 10. Plumbing Fixtures must be in good repair (no cracked ceramic fixtures), installed properly and not leaking. 11. Waste and Venting of Fixtures original plumbing must conform to Plumbing Code in effect at time of the construction of the building. All other plumbing installed at a later date must conform to present codes. The condition of any plumbing hidden within a finished wall can only be surmised (sometimes it might be necessary to gain access in order to ascertain its condition). Waste lines which are leaking or improperly patched will have to be replaced. Waste piping which is of a pleated • flex type is not approved. Any open waste line must be permanently sealed. 12. Anti - Siphon. Ballcock as per handouts with application (make sure the required 1^ air gap is in proper adjustment in any existing anti - siphon ballcock as it is diagrammed in the handouts). 13. Shut -Off Val all water closet tanks require a shut -off valve for Their water supply lines. 1. Walls and Ceilings must be in good condition. Any areas of excessively flaking paint must be refinished (lead based paint was in use until the 1970 and is a great hazard to children). 2. Floor must be in good condition and should be of a relatively smooth, unbroken and cleanable material that will not hold soil and urine residue (e.g. a good quality linoleum). Although throw rugs are acceptable because they can be easily removed and cleaned, carpeting can never be satisfactorily cleaned of waste contamination and should never be used as floor e ;l:,g in a bathroom. Well installed and clean carpet is acceptable, but any existing carpet that is in a deteriorated or unsanitary condition (or is layed directly over a porous wood floor) must • be removed and replaced with resilient floor covering over a suitable 15 underlayment. If floor tiles exist, they must all be there, intact and glued tightly to the floor. There must be baseboard against walls (and ` vanities, etc.) to prevent soil particles and moisture from penetrating and collecting in cracks. The seam at the base of the water closet and bathtub must be sealed against moisture penetration with silicone caulk. Occasionally, water damage to the floor boards under the bathroom is severe enough to require replacement. 3. Windows replace all cracked and broken glass. Extensive loose and missing putty must be replaced and given a protective coating of paint. Sashes must not be rotted and must be structurally sound. Wood must have paint /varnish. Windows must comply with egress area requirements in accordance with the requirements as adopted during the time of original construction. u. Door: every bedroom shall have a permanently installed door or other type of privacy partition. 5. Electrical Outlets must have cover plates, be securely mounted, etc. The minimum number is as follows - for the first 120 square feet of floor area in the room, there must be at least two point sourrces of power (e.g. there can be either two separate receptacles or one receptacle nd one direct wired light fixture); for every additional 80 square feet or increment thereof, another receptacle must be added (e.g. if the living room was 190 square feet and it only had two outlets and no light, a wall lamp could be added at the interior of the entrance door to the outside). There should be a light switch or an outlet for a lamp near entrances to • the room so that persons entering do not have to stumble through the dark to find the light when the room is unlit. 6. Heat Source every bedroom shall have an approved source of heat for occupants. ADDITIONAL REQOIREMENTS 1. Smoke Alarms are required in all dwellings. They shall be centrally located in a hallway or a corridor outside every sleeping room within such distance that the alarm shall be easily audible to occupants of the rooms even with the doors closed. In existing dwellings, UL approved battery operated units are acceptable, unless (as quoted from the 1985 Uniform Building Code); "When the valuation of an addition or repair exceeds $1,000, ...the entire building shall be provided with smoke detectors located as required for new... occupancies." This also requires direct wired devices that are interlocked or simultaneous alarm. Smoke alarms must be located as the manufacturer specifies (usually on a ceiling or on a wall 6" to 12" from the ceiling and at least 18" from any corner) and directly centered above any stairway (if this so applies). 2. Swimming Pools /Whirl Pools /Hottubs these items shall be individually inspected by the Director of Inspections, but shall be considered part of the overall Housing Condition Report. • M 3. Legal Occupancy and Use: the house must be used as per the zoning regulations (e.g. basements cannot have an extra full apartment in a neighborhood zoned for single family dwellings only, etc.). 4. Ranges /Cook Stoves in Basements may be required to be removed and supply sources capped. These appliances are in an area of the home which is under only sporadic surveillance and could easily be activated in play by children or accidently by an adult and a fire started (especially because the range is often used as a storage counter since it is not in regular use). Furthermore, such equipment might be required to be removed if the City experiences repeated occupancy and zoning violations (e.g. illegal apartments and the like). 5. Odor and Stain Problems where odors permeate a room or rooms of a house, the source must be located and removed. If a urine or other such stain permanently contaminates carpeting or flooring, it might be necessary to remove the offending material. Once the source of the problem has been corrected, the area in question must be cleaned and disinfected. 6. Wells shall be abandoned by a State certified and licensed water well contractor. 7. Septic Tanks and Cesspools must be abandoned and filled. All residences must be connected to the city sewer system. 8. Other there will always be items not previously listed which are unique • to individual houses and circumstances. These items, when in violation of minimum requirements of health, safety and structural integrity, must be corrected. 0 17 ..=ST 14 E M O R A N D U M DATE: June 20, 199C 11 '0 2 it B C. D E TO: SULJECT: Planning Staff Jim Harka, Building Official STi:NDARDS FOR TEMPORARY LOCATION RECYCLABLE 1tATERIAL COLLECTION SITES At the June 19, 1990, Planning Commission meeting the Planning Commission directed me to draft an ordinance similar to Mankato's which pe-mits recycling collection activities of portable units within the Ir -1, 1 -2, C -3 and C -4 Zoning Districts. MY - ecomme.dation is to con.trcl this activity through licensing simj.lar to peddler type licensing with the appropriate fees to c:,ver administrative costs. Th= following is my recommendation: Standards for Temporary Location Recyclable Material Collection, Permitted Within I -1, IC -1, C -3 and C -4 Zoning Districts Collection activities shall be allowed per each location no more f equently than one (1) day per week. Hours on a site shall be no earlier than 8:00 a.m. nor l':ter than 8:C0 p.m. Collection activity equipment shall consist of no more than one (1) vehicle to haul the collected material and at°s�aie to weight material if needed. No shredding of j..- aterial shall occur at the collection site. The only piece of equipment that may be outside of a vehicle is a scale, NO stockpiling is permitted. In the case of alumit;um collection, a metal separator and compactor ^;c be used if such equip -int is totally contained within the collection vehicle. Location of a collection vehicle on a site shall not imp ede access to the site, hinder normal vEhicular flc on such site or use excessive pa--king arEa pro•✓i:ed Q:: such site f , )r required customer parkir.g. g 0 F. Location of a collection vehicle on a site shall not be Within two hun -red (20G) feet of a.l uiljaCcn� Ci, di iu • -'. C1&. facility or three hundred ( - f of a r_= si =ence. C. All gartage and debris must be cleaned fro the ar._a it Which the collection activity vas located grior t. leaving the location. H. Vehicles used in any collection activity shall be kept in a neat and clean manner. I. Any signs prcmoting the recycling activity at the collection location shall be attached to the ccllection vehicle. J. A schedule of dates for a one -year period shall be submitted with each applicant's request and be resubmitted each succeeding January 1st. City recycling activities promoted to reduce landfill volumes are exempt from the atone. is J!Ilbb CC: Mayor and City Council Gary Plotz, City Administrator G. Barry Anderson, City Attorney Bonnie Bau:etz, July Agenda E DAVID B. ARNOLD CHARLES R. CARMICHAEL GARY D. WDOWELL STEVEN A. ANDERSON G. HARRY ANDERSON' STEVEN S. HOGE LAURA H. PRETLAND DAVID A. BRUF.OGEMANN PAUL D. DOVE JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD G. M.OEE TIMOTHY w. FAFINSKI July 6, 1990 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 (912) 587 -7575 TELECOPIER (612) 567 -4006 RESIDENT ATTORNEY G. BARRY ANDERSON Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Hutchinson Downtown Development Project Our File No. 3244 -89 -0031 Dear Gary: Ol COL: 5 EL WILLIAM W. CAMERON CHARLES CLAYTON GARY W. BECKER 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612)545 -0000 MN TOLL FREE 800 -340 -4545 TELECOPIER (612) 545 -1703 501 SOUTH FOURTH STREET - PRINCETON. MINNESOTA 5537: (612) 380-2214 TELECOPIER (612) 380 -5506 rr Jt111990 r O �� F SrZJ Cc c By ` ShopKo has requested an official resolution from the City approving the environmental indemnity agreement. • Enclosed please find a proposed resolution. I did not date the resolution as I think we can simply date it the day the Council agreed to the environmental agreement. I believe that was sometime in May. Alternatively, the resolution can be approved by the City Council on Tuesday night. I am enclosing for your information an original fully executed Amendment No. 1 to the Site Purchase Agreement for your files. We have kept a copy in our file. Thank you. Best personal regards. Very truly yours,, '' ARN ii I�D MCDOWEL l II t G.X alrry Anderson GB :lm Enclosures CC Mark Nelson Colin Pietz CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION A 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION RESOLUTION NO. 9296 WHEREAS, the City of Hutchinson entered into a Site Purchase Agreement with ShopKo Stores, Inc., on or about April 25, 1990; WHEREAS, environmental investigation has revealed several areas of environmental concern; WHEREAS, as part of the agreement between the City and ShopKo, the City has agreed to assume the burden of environmental clean up; NOW THEREFORE BE IT RESOLVED that the City of Hutchinson approves and adopts Amendment No. 1 to the Site Purchase Agreement, a true and correct copy of which is attached hereto and marked as Exhibit " A " and incorporated as if fully set out in this resolution. Dated this 10th day of July , 1990. CITY OF HUTCHINSON Paul L. Ackland, Mayor Attest: Gary D. Plotz City Administrator is • 06 ARNOLD & MGDOWELL DAVID B. ARNOLD ATTORNEYS AT LAW or corssEL R. CARMICHAEL" 301 PARE PLACE WILLIAM W. CAMERON • CHARLES GARY D. HcDOWELL CHARLES CLAYTON STEVEN A. ANDERSON HUTCHINSON, MINNESOTA 55350 GARY W. BECKER O. HARRY ANDERSON' (612) 587 -7575 STEVEN S. HOGE 5881 CEDAR LAKE ROAD LAURA H. PRETLAND TELECOPIEH(OI2) 587.4006 MINNEAPOLIS, MIN_ ESOTA 55419 DAVID A. BRUEOGEMANN (612) 545 -0000 PAUL D. DOVE RESIDENT ATTORNEY MN TOLL FULL 830- O4J -i5i5 JOSEPH M. PAIEM FNT O. HARRY ANDERSON T£LECOPlER 191'2)545 -VBO JAMES UTLEY JULIA A. CHRISTIANS SOUTH FOURIH SIREET P 5131 PRINCETON, MIYN ESOTA 5567: RICHARD O. McGEE (612) 360- 2214 TIMOTHY w. FAFINSKI - TELECOPIER (612)388 -5506 July 6, 1990 F' Gary D. Plotz tl r° tTl ° ^> 9 U Hutchinson City Administrator 37 Washington Avenue West _ Hutchinson, MN 55350 rz \v SC S� Zi-LG Re: Downtown Redevelopment Project Our File No.: 3244 -89 -0031 Dear Gary: Please put this matter on the agenda for Tuesday evening. Agree- ments have been reached, as I understand it, with all but three of the affected property owners. Options have been sent to most if not all of the parties who have agreed to terms. HCDC will need monies to fund the options, most of which are $500 and with one exception are down payments on the ultimate purchase price. I suggest that the Council authorize $5,000 from the bond proceeds to be used for the purpose of funding the HCDC options which will ultimately be assigned to the City of Hutchinson. Administration of the funds can be handled through your office. Thank you. Best regards. Very truly yours, G. B`kEAAy Anderson GBA:mb * CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION (� HWY 7 & 15 DEVELOPMENT Robert Hornick Project Background As a result of losing the prospective tenant on the adjacent property it is necessary to scale back the proposed development of the gas, grocery & car wash project. Proposal PHASE ONE Build a new car wash building. Add two pump islands Erect a new canopy. Remodel present building -- inside and out. PHASE TWO Option to expand present store building. Building Department Considerations Convert present manhole cover south of the present store to a drainage cover. Car Wash elevation to allow for lot drainage to flow along northwest side of curb to west side of store to the existing drainage grate on west side of existing store. Continue to sheet drain as per existing lot. This proposal will enable us to retain existing parking lot hard cover. New improved hard cover will be added on west side of building for parking. Your approval to these considerations is necessary so that we can proceed with architectural drawings. Thank You. /a - -4 , P . 0 2 ........_.�..._.;.; " r tease 5AG I _. �► L .:.... cAR. OF STOIL [akt, t 5 ��rIh1D1G1- I , © o.w!nrs� i I 'e�(teri Ir ' �FC�tsr�ro Gw2Q LKT 6.x tsY rN6'.6}Leeq REGULAR COUNCIL MEETING ---------------------------------------------------------------------- JULY 10,1990 INK ATER & SEWER FUND *Withhold Tax Acct employer contribution 694.04 *US Postmaster water bill postage 128.19 Aagard West June drop boxes 490.00 Am. Natl Bank paying agent fees 300.75 Bestwestern Edgewater league conference 67.20 Carquest Auto handcleaner 27.54 City of Hutch Medical July medical 2,566.13 City of Hutch Dental July dental 337.81 Coast to Coast supplies 229.64 Com of Revenue June sales tax 1,880.81 County Market' supplies 34.42 Curtin Scientific filters 59.95 Farm & Home supplies 207.04 Fitzloff Hardware supplies 98.74 Floor Care supplies 188.54 G & K Service uniforms 309.60 Hach Co. lab supplies 68.86 Hometown Music headphones 26.52 Hutch Utilities electricity 12,115.89 Hutch Wholesale cleaner 3.40 Hutch Iron & Metal iron 5.44 Hutch Cenex gasoline & fertilizer 976.08 Hutch Telephone telephone 267.90 r utch Leader hearings 40.80 instrumentation Sery oxygen cell 89.13 ISCO power pack 123.61 Junker Sanitation June refuse 41,162.10 L & P Supply parts 122.60 League of MN Cities 1st qtr W.Comp 1,901.00 MN Mutual Life life ins - July 45.78 MN Valley Testing tests 255.00 Mutual Benefit Life July LTD 106.74 Nalco Chemical chemicals 5,448.50 Quade's Electric appl #2 17,480.00 Quast Transfer freight 67.13 Sorensen Farm rod 6.76 Standard Printing chair 118.95 US Postmaster meter postage 102.23 VWR supplies 182.28 Zins Machining welding 15.00 TOTAL $88,352.10 i 11 -74, CENTRAL GARAGE 120 tickets 240.00 • July newsletter 179.64 *Withhold Tax Acct employer contribution 70.58 Brandon Tire repairs 200.74 Brandon Tire tires 407.12 Carquest Auto supplies 912.94 Champion Auto parts 93.90 City of Hutch Medical July medical 307.67 City of Hutch Dental July dental 43.79 Crow River Glass window repair 30.00 Crow River Auto transmission overhaul 696.55 Fitzloff Hardware supplies 22.56 G & K Sery uniforms 20.80 Hutch Wholesale supplies 379.83 Lawson Prod supplies 77.11 Linear Dynamics mount 32.28 Mankato Mack bumper, hose 60.33 MN Mutual Life Ins July life ins 5.46 MTI parts 214.43 Mutual Benefit Life July LTD 12.87 Northern States Supply parts 37.03 Plowmans repairs 170.70 Rosedale Chevrolet shaft assm 15.49 Sweeney Bros sender 42.10 Town & Country Tire repairs 129.67 US Postmaster meter postage 4.75 D Cooling repairs 931.20 igen Motor repair 21.75 TOTAL $4,941.65 GENERAL FUND *MN Twins 120 tickets 240.00 *US Postmaster July newsletter 179.64 *MN Zoo tickets 75.00 *DNR registration fees 489.00 *DNR registration fees 282.00 *Withhold Tax Acct employer contribution 4,384.36 *Ordway Music Theatre balance of 40 tickets 924.00 A & B Electric photo cell 41.45 Allen Office stamp 24.90 Allen Office supplies 31.98 Allied Mech repairs 450.57 oco Oil � fuel 65.91 oco Oil fuel 19.00 Bailey Nurseries trees 2,471.25 ennett Office service contract 102.69 Berg Bag sandbags 1,380.00 Bernhagen, John June comp 1,960.00 Bestwestern Edgewater league conference 591.30 Blevins Concession supplies 251.29 Bohnen, Maureen refund swim lessons 10.00 Braml, Vickie refund swim lessons 16.00 Brandon Tire tires 123.92 Brinkman film & lamp 49.54 Brodd, James NFPA class 15.00 Browns Greenhouse miracid 2.49 Bureau Criminal Appr connect charges 240.00 Camera Shop film 5.46 Camera Shop prints 20.23 Carquest Auto part 6.51 Carter, Ron safety boots 30.00 Central Garage canopy installation 1989 286.64 Chamber of Commerce office & equip rent 386.59 Christensen Piano piano tuning 45.00 City of Hutch lodging tax 9.14 City of Hutch Medical July medical 20,077.25 City of Hutch Dental July dental 2,862.00 City of Hutchinson 1990 drug task force 3,375.54 Clarke Mosquito Control dursban 4,083.75 Coast to Coast supplies 245.18 oca -Cola supplies 260.80 om of Transportation update fees 85.00 Convera's Reloading shells 712.50 Copy Equip paper 31.07 County Market yard guard 8.58 County Recorder recording fees 240.00 County Treasurer DL fees 124.50 Crosby, Jenny umpire 16.00 Crow River Vet Clinic boarding fees & K -9 fees 483.70 Crow River Arts Guild annual allocation 10,000.00 Culligan salt 50.90 Dept of Public Safety bike fees 45.00 Dispatch Institue training 300.00 Don's Lawn mowing weeds 185.50 Drahos, Joe NFPA class 15.00 Earl F. Anderson t- shirts 47.70 Eliason- Johnson, Kathy refund swim lessons 8.00 Fallon, Jeanne refund water workout 8.00 Family Rexall supplies 43.60 Family Rexall supplies 102.43 Farm & Home supplies 62.22 Farm & Home supplies 85.61 Fitzloff Hardware supplies 21.35 Fitzloff Hardware supplies 115.95 Floor Care supplies 819.84 orcier, Gary NFPA class 15.00 & K Service uniforms 987.32 G.A. Ernst G.A. Thompson Gilmore, Karis Glaeser, Tom Glidden Co. Gopher Sign Gregor, Clyde Gregor, John Guardian Pest Hager Jewelry Hager Jewelry HCVN Henry's Candy Hoffers Home Bakery Hon Co. Hutch Wholesale Hutch Hospital Hutch Telephone Hutch Fire Dept Hutch H.R.A. Hutch Cenex Relief Assc Hutch Fire & Safety Hutch Utilities Hutch Leader Industrial Door nsurance Planners erabek Machine K -Mart Kokesh Krcil, Nancy L & P Supply Lake Jennie Repair Lakes Gas Law Enforcement Equip League of MN Cities Marco Marka, Jim McBride, Earl McBride, Lois McGarvey Coffee McLeod Coop Power Meeker Sand MN Playground MN Mutual Life Motor Vehicle Mft MSF Mutual Benefit Life Ins Natl Airport Natl Computer Systems Nevanen, Cathy iska, Patsy orthern States Supply audits 1,529.00 citations 147.51 refund swim lessons 8.00 reimbursement 5.71 paint 2,559.40 signs 104.26 shelf & counter 700.00 grant expense 750.00 service 17.50 engraving 8.00 charms 43.00 cable franchise 1,500.00 supplies 2,122.05 paint 666.75 rolls 28.80 keys 3.00 supplies 211.19 services 145.10 telephone service 3,410.87 allocation 10,500.00 refund empr con -Ward 858.29 gasoline 3,996.64 extinguisher recharges 72.11 electricity 5,494.48 ads 532.50 garage door repair 362.66 renewal 2,542.00 tubes 3.42 supplies 54.72 supplies 1,179.22 refund Twins game 5.00 chain, blade & belt 97.56 vehicles serviced 76.20 hose & parts 38.00 name bar 65.90 1st qtr W. Comp 57,223.00 repair 88.18 expense report 4.10 refund Twins game 16.00 refund Twins game 16.00 filter packs 27.45 electricity 366.13 sand 987.37 pins 40.20 life ins - July 373.80 ID book 5.00 entry fees 1,010.00 LTD July 891.81 lamp & globe 102.97 maintenance 4.33 refund swim lessons 16.00 notary recording 5.00 parts 66.34 5 Pan o Gold 0 eterson Bus Pikal Music Pioneerland Library Plowmans Rite Way Auto Rodeberg,John Rossell, Robert S & S Arts Schmeling Oil Schnobrich, Mark Schramm Schramm, Steve Schroeder, Kyle Schwan Sales Security State Bank Sewing Basket Shopko Sid's Foods Smith, Lucille Smith, Les Snead, Linda Sorensen Farm Standard Printing State Treasurer Templeton AWri County Water Pwo Way Com U of M UBC Uniforms Unlimited US Postmaster Victorian Inn Wendorf, D. MCFOA Wesley Pharmacy Wm. Mueller Worum Chemical Xerox Zieman, Sharon 0 supplies 12.90 bus trips 690.00 headphones 16.00 3rd Quarter 14,424.00 car rent 212.00 wash tokens 150.00 mileage & meal 23.29 Star Tribune 12.00 supplies 226.42 fuel 2,451.47 refund swim lessons 8.00 spreader rental 50.00 NFPA class 15.00 safety boots 30.00 supplies 55.50 car lease 230.71 repairs 17.00 supplies 78.64 groceries 11.79 refund Twins game 16.00 refund Twins game 16.00 refund swim lessons 10.00 tools 33.04 supplies 136.90 2nd qtr bldg surcharge 1,249.36 employer contribution 273.20 salt 77.40 batteries 159.00 seminar- J.Marka 100.00 supplies 227.94 uniforms 265.05 meter postage 403.02 meeting 168.57 membership fee 25.00 film 2.29 gravel 1,112.00 methyl ethyl ketone 148.42 usage & contract pymt 822.03 vcr tapes 22.47 TOTAL $185,795.08 3 BOND FUNDS • RURAL FIRE DEPT Coast to Coast parts 1.44 Hutch Wholesale supplies 46.04 Hutch Fire & Safety extinguisher & bracket 89.00 Wigen Motor repair 328.10 Hutch F.D. Relief Assc allocation 2,945.00 Jim Brodd rural mileage 31.00 Brad Emans rural mileage 40.25 Gary Forcier rural mileage 15.00 Orlin Henke rural mileage 8.25 Ed Homan rural mileage 23.00 Jim Popp rural mileage 2.50 Bruce Precht rural mileage 34.75 Randy Redman rural mileage 13.25 Craig Reiner rural mileage 24.25 John Reynolds rural mileage 11.25 Steve Schramm rural mileage 18.50 Larry Thompson rural mileage 10.00 TOTAL $3641.58 BONDS 1990 CONST W illard Pellinen Wagner Dev plat 50.00 Barr Eng professional services 1,767.36 Wm. Mueller & Sons let #2 130,925.73 TOTAL $132,743.09 1989 CONSTR BONDS Hutch Utilities street lites 7 West 11,975.49 Duininck Bros let #5 1,912.29 TOTAL $13,887.78 BURNS MANOR CONST Patch Erickson Madson phase 1 interior 10,458.91 St. Cloud Restaurant dishwasher & heater 5,375.00 Hutch Leader asbestos removal 47.12 Allen Office desks, stand 3,075.00 Design Dimension design time 2,395.00 TOTAL $21,351.03 0 7 YOUTH CENTER • *Withhold Tax Acct City of Hutch Medical City of Hutch Dental MN Mutual Life Ins Mutual Benefit Life Hutchinson Telephone Frito Lay Thomas Dolder Hutch Utilities Jude Candy Tombstone Pizza Star Cablevision Tow Distributing 1989 DEBT SERV BONDS Am Natl Bank 1987 DEBT SERV BONDS Am Natl Bank BONDS OF 1983 Norwest Bank BONDS OF 1981 First Chicago FIRE HALL DEBT SERVICE First Chicago 1980 TAX INC DEBT SERV First Trust BONDS OF 1984 Rolling Greens 1980 TAX INC DEBT SERV Arnold & McDowell employer contribution 62.42 July medical 137.48 July dental 15.64 July life ins 7.77 July LTD 10.82 telephone 24.75 supplies 34.65 July rent 2,200.00 electricity 98.63 supplies 41.00 supplies 56.16 July service 24.30 supplies 119.00 TOTAL $2,832.62 interest 38,031.25 paying agent fees 264.25 interest & fees 16,675.00 interest 18,520.00 interest 23,218.75 interest 14,929.38 refund of penalties 875.12 title & closing fee 225.00 0 LIQUOR STORE W Ed Phillips & Griggs Cooper Johnson Bros Quality Wine A.H. Hermel Bernicks Pepsi Coca -Cola Henry's Candy Northland Bev Friendly Bev Locher Bros Triple G Sons wine & liquor wine & liquor wine & liquor wine & liquor supplies supplies supplies supplies supplies beer Lenneman Bev City of Hutch City of Hutch Withhold Tax Act Am Linen Supply City of Hutch City of Hutch City of Hutch Coast to Coast Fronteer Directory Hutch Telephone Hutch Utilities C utch Leader utch Leader KDUZ -KKJR MN Mun Bev Assn VVA Veteran Sprengler Trucking beer beer beer lottery sales payroll employer contrib June service water, sewer, refuse signs & binders employee ins supplies advertising telephone electricity help wanted ad ads adv. dues advertising June trucking TOTAL 4,773.61 678.24 3,679.45 1,738.15 127.74 16.80 351.05 1,634.58 199.65 701.55 3,960.55 19,309.85 3,064.90 262.00 4,487.04 324.89 21.20 80.60 215.32 1,469.65 15.88 164.00 75.06 1,090.86 89.72 10.72 155.00 310.00 20.00 589.01 $49,617.07 • 0- P R I 1 5: 1 1 GLEN LAKE S & M K T LTED ,RD - — (612) 9383344 P . 0:2 67897 dUt19�i _ FOR YOUR INFORMATION .T i{iy n iani, City of Hutchinson 39 IV Hutchinson, MN 55350 Mr. Gary D. Plotz, City Administrator near Mr. rioiz; I was very happy to receive your letter of June 27th requesting a 'timetable regarding our development at highways 7 & ..rt� Y �S iYY a O O C' ' Ca - &a - a - arw mire •• ~ notice we all received from Burger King in April After • working with these people for over 3 years and having executed a lease on June 13, 1989 it was a major a {au�nn_n ♦,non * 'wnri nnrtPt to our - Ject when they elected to withdraw. With Burger King involved they had specific requirements as to how our development, the convenience store and car wash, ..v -1.4 ....4f_-- A WJ ,r .. PrP unrkino wi th nnother _ -- - --_ - p to - purchase or lease the property adjoining mir AtorP and car wash location. This prospect also has a V➢/C CG ULI CL,CL LB b11Q6 Ae 6.e ..w. ♦mow e. .: v. resolve, ou, vinuP ni o vJ dc' Luc have the details available for your meeting on July 24th. Sincerely, Bob Hornick • DAVID B. ARNOLD CHARLES R. CAHMICHAEL -- GARY D. MCDOWELL STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. HUGE LAURA E. rHETLAND DAVID A. BHUEOGEMANN PAUL D. DOVE JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD O. McOEE TIMOTHY W. PAPINSKI 0 July 3, 1990 W. B. Haas Haas Law Office Hutchinson, MN ARNOLD & MGDOWELL ATTORNEYS AT LAw 101 PARK PLACE HurcmxsON, MINNEsoTA 55350 (812) 587 -7575 TELECOPIER(e12) 689.4098 RESIDENT ATTORNEY O. BARRY ANDERSON 55350 Re: 7 High Hotel (Road improvement project) Dear Bill: FOR YOUR INFORMATION Or COUNSEL WILLIAM W. CAMERON CHARLES CLAYTON GARY W. BECKER 6881 CEDAR LEE ROAD MINNEAPOLIS, MINNESOTA 554t8 (610)644.9000 MN TOLL FREE 800 - 040.4546 TELECOPIEH (610) 465 -1793 6Ol SOUTH FOURTH STREET PRINCETON, MINNESOTA 55071 (810) 089 -0014 TELECOPIER(612) 369.5608 ) ,23456 9 N JUL 1990 N PECEU ED N $Y I have been somewhat remiss in contacting you following the City Council meeting of June 26, 1990 at which the above referenced project was discussed. The City Council considered your comments regarding the motel carefully. While the City certainly doesn't agree that benefit is totally absent, it is clear that proving benefit to the ex- tent of the assessment may be difficult. On the other hand, it is equally clear that there is at least some benefit to your clients from improved drainage, appearance, general upgrading of the area, access to other properties and so forth. At this point, the City would like to see what offer your clients would be willing to make to resolve the assessment issue. The City recognizes that a substantial discount may be necessary to settle this matter short of litigation and my reading of the Council is that they would be willing to consider a reasonable proposal. May I please hear _from you Very 1 yo s,) G. Barry Anderson FOR THE FIRM GBA:ga at your earliest convenience? * CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE -AM ASSOCIATION (612) 587 -5151 H!!/LH CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST NUTCHINSON, MINN. 55350 July 6, 1990 TO: MAYOR AND CITY COUNCIL FROM: John Rodeberg, Director of Engineering RE: Hole in the Hill I've talked to Jon Henslin at MnDOT regarding the reconveyance of right -of -way on TH #7 for the Hole in the Hill. MnDOT is extremely hesitant to give any right -of -way back at this point when plans for widening and realigning TH #7 are just starting. Attached is MnDOT's response to our original request. Talking with Jon, it appears MnDOT will work with the City to allow parking on the right -of -way with the understanding that it may have to be removed when TH #7 is upgraded. I believe MnDOT's concerns are valid and recommend discussing the site plan with MnDOT and preparing agreements, if necessary, to provide for parking lot construction in the right -of -way. Sincerely, CITY OF HUTCHINSON ? /,&" John Rodeberg Director of Engineering JRO Attachment L J '001,14 q I ( OF Tr J Minnesota Department of Transportation Box ru 2505 TRANSPORTATION ROAD WILLMAR, MINNESOTA 58201 Line 25, 19% Mr. John P. Rodeberg Director of Engineering City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 RE: Reconveyance (C.S. 4302) TH 7 Northeast Comer of Prospect Street and TH 7 Dear Mr. Rodeberg: We have reviewed your request for reconveyance of a portion of TH 7 right of way at the above referenced location. The District's 20 Year Plan does indicate a proposal to reconstruct TH 7 between California Street and Thud Avenue N.W. to 5th Avenue N.E. The project would be proposed for 1996 or 1997, and if approved, would be a multi -lane section. The available right of way in this area is limited and the amount needed for the project is currently undetermined. Therefore we feel it would be premature to reconvey the right of way request until project plans are further developed. We would be happy to look at a reconveyance of excess right of way when the project has been programmed and designs are more fully developed. If you have any questions about the proposed project, please contact Mr. Jon Henslin, Pre- Letting Engineer, or Mary Gieseke, Assistant District Engineer. Sincerely, David S. Ekern, P.E. District Engineer cc: Jon Henslin Mike Lownsbury Mary Gieseke An Equal Opportunity Employer KNNESC rm 0 0 • L4 1 7 12 1 Uh- I kA, 57 17 I - T - 1 lb 1121 7f 14 Lq F —1 7f 14 a _�_ » _i Z Z,61N xf 2.z 5o J 0 , 7 rJ,' Z, 13 zf�l i 1 74 !1* Te I 42 ;sq. I 41 *4. .�j T, -; , 7 I n AC 31 FOR IMOR Y L VOL Wnee mpglersol I ZKYUL /9110 - . - d 7j, :11, Z 1-A i i :: r� ins 7- 77 L- - rIA L 69 �71 1 7 - vp 090 AQ , 7� ion L4 1 7 12 1 Uh- I kA, 57 17 I - T - 1 lb 1121 7f 14 Lq F —1 7f 14 a _�_ » _i Z Z,61N xf 2.z 5o J 0 , 7 rJ,' Z, 13 zf�l i 1 74 !1* Te I 42 ;sq. I 41 *4. .�j T, -; , 7 I n AC 31 FOR IMOR Y L VOL Wnee mpglersol I ZKYUL /9110 - . - d 7j, :11, Z 1-A i i :: r� ins 0 6/21/90 C 1T ✓� v ASSETS UTILITY PLANT — AT COST LAND 6 LAND RIGHTS DEPRECIABLE UTILITY PLANT TOTAL UTILITY PLANT LESS ACCUMULATED DEPRECIATION TOTAL ACCUMULATED DEPRECIATION CONSTRUCTION IN PROGRESS TOTAL CONSTRUCTION IN PROGRESS TOTAL UTILITY PLANT DEPREC VALUE RESTRICTED FUNDS d ACCOUNTS FUTURE EXPANSION 8 DEVELOPMENT RESERVE FOR FUEL OIL MEDICAL INSURANCE ITA — OPERATING 6 MAINT RESERVE INSURANCE LOSS POND b INTEREST PAYMENT 1986 1986 BOND RESERVE CATASTROPHIC FAILURE FUND FEDERAL INTERPRETATION MAIN REPLACEMENT FUND TOTAL RESTRICTED FUNDS 6 ACCOUNTS CURRENT 6 ACCRUED ASSETS CASH IN BANK INVESTMENTS 6 SAVINGS ACCOUNTS ACCOUNTS RECEIVABLE INVENTORIES PREPAID INSURANCE ACCRUED INTEREST RECEIVABLE TREASURY BILL DISCOUNT TOTAL CURRENT 8 ACCRUED ASSETS DEFERRED CHARGE BOND DISCOUNT 1986 TOTAL DEFERRED CHARGE TOTAL ASSETS HUTCHINSON UTI S COMMISSION HUTCHINSO INNESOTA VALANCE SHEET MAY 31, 1990 + ■* ELECTRIC * w K w w r r h GAS »■• w 770,7.`,4.68 ^1,035,73i.04 22.606,405.72 (12, OOA,891.1`J (12,004,891,15) 1,211,019.71 i,215,019.71 11,812,614,28 13,978.10 2,568,923.23 2,502,901.33 (1,090,215.38) (1,090,215.38) 48,283.92 48,283.92 1,540,969.87 21000,000.00 750,000.00 60,000.00 200,000.00 300,000.00 242,715.10 392,000.00 750,000.00 .00 .00 5,494,715.10 567,951.97 551,434.69 1,026,544.08 _ 466,810.91 38,731.85 213,302.48 (47,476.40) 2,817,299.58 72,999.95 72.999.95 20, 197, 6.�f;. 91 PAGE 1 FOR YOUR INFORMATION' • n u r TOTAL • 0 x w 784,732.78 24,404,654.27 15, 189,387.05 (13,095,106.53) (13,095,106.53) 1,259,303.63 1,259,303.63 13,353,584.15 1,210,000.00 .00 40,000.00 .00 .00 .00 .00 .00 623,793.65 1 2,873,793.65 691,299.62 319,510.76 295,015.20 _. 65,098.54 2,424.62 68,671.65 (17,950.84) 1,424,869.55 1[OIe) .00 5 4,010,000.00 750,000.00 100,000.00 200,000.00 . 300,000.00 242,715.10 392,000.00 750,000.00 623,793.65 11000,000.00 8,368,500.75 1,259,251.59 870,945.45 1,322,359.28 .. _. _. 531,909.45 41,156.47 281,974.13 (65,427.24) 4,242,169.13 72,999.95 72,999.95 26,037,261.90 r 1 1 t e i t C t l l 6;21!90 HUTCHIHSON UTILITIES COMMISSION HUTCHINSON. MINNESOTA BALANCE SHEET MAY 31, 1990 r r w ELECTRIC r r r -- r r r r w GAS r r r s r MUNICIPAL EQUITY 6 LIABILITIES MUNICIPAL EQUITY MUNICIPAL EQUITY UNAPPROPRIATED RETAINED EARNINGS CONTRIBUTTON TO CITY TOTAL MUNICIPAL EQUITY LONG TERM LIABILITIES -NET OF CURRENT MATURITIES 1986 BONDS TOTAL LONG TERM LIABILITIES CONSTR CONTRACTS d ACCTS PAY RETAIN ACCRUED EXPENSES - RETAINAGE TOTAL CONSTRUCTION 6 ACCTS PAY CURRENT 6 ACCRUED LIABILITIES NOTE PAYABLE - LEASE PAYABLE ACCOUNTS PAYABLE INTEREST ACCRUED ACCT PAYABLE TO ASSOCIATED COMPANY ACCRUED PAYROLL ACCRUED VACATION PAYABLE CUSTOMER DEPOSITS OTHER CURRENT 6 ACCRUED LIABILITIES TOTAL CURRENT 8 ACCRUED LIAR TOTAL MUNICIPAL EQUITY 6 LIAR 0 15,737,i'i.39 753,423.62 (02,500.00) 16,408,050.01 3,085,000.00 3,085,000.00 1,500.00 1,500.00 3,314.16 545,602.21 854.25 (19,98.18) 30,139.35 42,167.92 92,717.09 66.10 703,078.90 20,197,628.91 i PAGE 2 r w r r w TOTAL r w w r 21,011,419.26 1,072,927.23 (137,500.00) 21,946,846.49 5, 274,297.87 319,498.61 (55,000.00) 5,:,36,796.40 .00 .00 .00 .00 .00 280,263.15 .00 (.00) 8,482.90 12,084.54 .00 6.00 300,836.59 5,839,633.07 i 3,085,000.00 3 1,500.00 1,500.00 3,314.16 826,065.36 854.25 (19,982.18) 46,622.25 54,252.46 92,717.09 72.10_ Q 1,003,913.49 # R f 26,037,261.98 l i i I l 1 ,,' • 6/21/90 ELECTRIC DIVISION INCOME STATEMENT OPERATING REVENUE SALES - ELECTRIC ENERGY NET INCOME FROM OTHER SOURCES SECURITY LIGHTS PULE RENTA(.. TOTAL OPERA7'I REVENUE HUTCHINSON UT IES COMMISSION HUTCHTNS MINNESOTA STATEMENT OF INCOME 6 EXFENSES MAY 31, 1990 PREVIOUS YEAR TO DATE CURRENT YEAR TO DATE 3,624,561.42 11,119.50 5,327.50 1,916.25 3,642,924.67 3,731,631.67 17,766.72 5,613.00 1,916.25 3,756,927.64 PAGE 1 0 FOR YOUR INFORMATION BUDGETED DUDGE7 ANNUAL YEAR TO DATE DEVIATION DUDGE7 3,792,732.65 (61,100.98) 9,361,665.00 10,180.00 7,586.72 22,ioo.00 6,150.00 (537.00) 15,000.00 2,000.00 (83.75) 4,OOo,00 3,E+i1,062.65 (:i4, 135.00 9,402,765.00 OPERATING EXPENSES PRODUCTION OPERATION 249,376.62 277,911.55 290,846.93 12,935.38 921,240.00 PRODUCTION MAINTENANCE 50,307.29 20,071.43 16,014.69 (4,056.74) 74,212.00 PURCHASED POWER 2,063,699.40 2,050.602.22 2,068,920.08 18,317.86 4,936,277.00 TRANSMISSION OPERATION 80.65 1,147.27 65.00 (1,082.27) 11600.00 TRANSMISSION MAINTENANCE 16,277.57 25,596.43 10,500.00 (15,096.43) 11,000.00 DISTRIBUTION OPERATION 68,979.22 73,783.10 90,361.95 16,578.85 161,753.00 DISTRIBUTION MAINTENANCE 44,510.13 44,729.31 49,024.23 4,294.92 105,360.00 CUSTOMER EXPENSES 31,583.39 29,516.83 32,929.75 3,412.92 77,179.80 CUSTOMER SERVICES 4,126.55 4, 270.64 4,368.97 98.33 10,16U.40 -. ADMINISTRATIVE 6 GENERAL EXPENSES 271,756.82 256,466.30 256,973.79 507.49 617,109.25 DEPRECIATION 385,500.00 280,500.00 284,780.00 4,280.00 982,000.00 TOTAL OPERATING EXPENSES 3,186,197.64 3,064,595.08 3,104,785.39 40,190.31 7,897,891.45 OPERATING INCOME 456,727.03 692,332.56 706,277.26 (13,944.70) 1.504,873.55 OTHER INCOME AND DEDUCTIONS OTHER - NET (5,209.13) 238.29 (5,992.00) 6,230.29 3,600.00 INTEREST INCOME 170,700.13 125,644.57 125.580.00 64.57 523,250.00 MISC INCOME /EXPENSE 6,569.38 1,938.20 3,330.00 (i,391.80) 4,500.00 INTEREST EXPENSE 75,000.00 66,725.00 64,853.04 (1,871.96) 160,162.00 TOTAL OTHER INCOME AND DEDUCTIONS 97,060.38 61,096.06 58,064.96 3,031.10 371,188.00 NET INCOME 553,787.41 753,428..62 764,342.22 (10,913.60) 1,876,061.55 _. 6/21/90 HUTCHIN30N UTILITIES COMMISSION HUTCHINSON, MINNESOTA GAS DIVISION STATEMENT OF INCOME 6 EXPENSES MAY 31, 1990 PREV10LIS CURRENT BUDGEFED YEAR TO DATE YEAR TO DATE YEAR TO DATE INCOME STATEMENT OPERATING REVENUES SALES FORFEITED DISCOUNTS TOTAL OPERATING REVENUE OPERATING EXPENSE MFG GAS PRODUCTION OPERATION MFG GAS PRODUCTION MAINTENANCE PURCHASED GAS. EXPENSE DISTRIBUTION OPERATION DISTRIBUTION MAINTENANCE CUSTOMER EXPENSES CUSTOMER SERVICES ADMINISTRATION 6 GENERAL DEPRECIATION TOTAL OPERATING EXPENSES OPERATING INCOME OTHER INCOME AND DEDUCTIONS OTHER - NET INTEREST INCOME MISC INCOME /EXPENSE TOTAL OTHER INCOME AND DEDUCTIONS NET INCOME 0 PAGE 2 BUDGET DEVIATION 2,083,691.85 21100,50:.'.87 2,249.500.00 (148,997.13) 5,537.67 8,047.00 5,831.00 2,216.80 2,089,229.52 2.708,550.67 2,255,331.00 (146,780.33) 1,29i.54 984.38 991.00 6.62 116.73 .00 .00 .00 1,577,988.62 1,563,403.06 1,692,000.00 108,596.94 76,878.67 87,060.78 83,941.60 (3,119.18) 9,586.59 13,105.74 10,383.02 (2,722.72) 21,04P.37 19,744.00 21,804.54 2.060.46 2,751.03 2,847.10 2,912.65 65.55 107,380.86 10,496.28 111,967.97 (8,528.31) 35,500.00 38,000.00 34,788.00 (3,212.00) 1,832,542.43 1,865,641.42 1,958,788.78 93,147.36 256,687.09 242,909.25 296,542.22 (53,632.97) 244.48 211.82 592.00 (380.18) 105,565.42 75,991.78 104,247.50 (28,255.72) 1,849.32 385.76 1,410.00 (1,024.24) 107,659.22 76,589.36 106,249.50 (29,660.14) 364,346.31 319,498.61 402,791.72 (83,293.11) ANNUAL BUDGET 4,400,000.00 11,900.00 4,411,900.00 2,800.00 13,000.00 3,600,000.00 174,709.00 32,270.00 51.453.20 6,773.60 243,075.75 89,200.00 4,213,281.55 198,618.45 ) 2,400.00 _. 2B1,750.00 3,000.00 287,150.00 485,768.45 1 I 1 I 0 HCDC Board of Directors Friday, July 6, 1990, 9:30 am Hutchinson Public School Central Office MINUTES DIRECTORS PRESENT Glenn Matejka, Chairman Jim Bullard, Vice Chairman Don Erickson, Secretary/Treasurer Phil Graves Meeting was called to order by Chairman Matejka. OTHERS PRESENT John Bernhagen, Exec. Dir. Barry Anderson, City Attorney Barry Anderson explained various aspects of the Option to Purchase agreements being forwarded to the property owners on blocks 43 and 44 North, commonly referred to as the downtown Shopko project. He indicated these documents are not public documents at this time and that it would be appropriate to have HCDC sign these agreements and have them assignable to the City of Hutchinson. Bernhagen discussed other procedures with the project including the negotiations with the property owners, petroleum clean -up, asbestos removal, and Shopko's desire to proceed. A motion was made by Bullard, seconded by Graves, and carried to authorize the President or Vice President to sign Option to Purchase agreements that are fully assignable from Hutchinson Community • Development Corporation to the City of Hutchinson and /or to any redevelopment authority established by the City of Hutchinson for property located in the City of Hutchinson In Blocks 43, 44, 45, 48 and 49 North. Bernhagen reported on the ad being placed in the Hutchinson Leader. This ad is a map showing access to the businesses on Highway 7 East. It was by request of the business owners and agreed to by the parties working with the businesses. There being no further business, the meeting was adjourned. is HCDC Board of Directors . Wednesday, April 4, 1990, 7:00 am Hutchinson Public School Central Office FOR YOUR INFORMATION MINUTES DIRECTORS PRESENT Glenn Matejka, Chairman Jim Bullard Don Erickson Carol Haukos Phil Graves John Mlinar Keith Weber OTHERS PRESENT John Bernhagen, Exec. Dir. Gary Hoffman, Chamber President Meeting was called to order by Chairman Matejka. Motion by Erickson, seconded by Mlinar, and carried to approve the Minutes of March 7, 1990. Motion by Weber, seconded by Bullard, and carried to approve the Treasurer's report Motion by Weber, seconded by Bullard and carried to approve the expenses of $167.96 for the membership meeting on March 15, 1990, at the Victorian Inn. • Mlinar, Erickson and Bernhagen reported on the Shopko project indicating City Council would be setting a date for a public hearing for the sale of Tax Increment GO bonds, establishing a separate TIF District for the project, and giving consideration to approve the Site Purchase Agreement at the Council meeting on April 10, 1990. Bernhagen reported that West Publishing Company would be getting back to us in about 30 days regarding their decision to locate a satellite computer terminal office. Motion by Mlinar, seconded by Erickson and carried to approve a contract with James Robinson of Mankato to appraise the remaining lots in the Industrial Park East. The contract is for $1,000.00 for seven industrial lots. The board representatives reported on the activities and actions of their committees at the March 15 membership meeting. (See attached newsletter for details) Motion by Graves, seconded by Bullard and carried to accept Sheldon Nies as an HCDC member. Motion by Bullard, seconded by Weber and carried to approve the following motion. Glenn Matejka abstained from voting. The HCDC Board of Directors supports the school district request for the development of a parking lot on the corner of Glen Street and First Avenue Southwest. This would include the purchase of w,t, homy on Glen Street. All costs of purchases, lot planning and development should be paid from the tax increment district funds. Details of the lot, purchase of the home, and use of school owned property for the lot should be developed between the school district, Executive Director of HCDC, and the Hutchinson City Manager. There being no further business, the meeting was adjourned. NEWSLETTER OF: IMiAT'S DEVELOVILNUO fiS FOR YOUR INFORMATION Hutchinson Community Development Corporation John Bemhagen, Exec. Director April, 1990 MEMBERSHIP MEETING The entire membership of HCDC met on Monday, March 19, 1990, at the Victorian Inn. Twenty -seven members were present to hear reports from Chairman Glenn Matejka and Executive Director John Bernhagen. Items discussed by Matejka included ic certification of the community as a - Star y" for economic development, work on the Main Street Rehabilitation Program, and the various 1989 and 1990 Work Plan items. Bernhagen reported on the Shopko expansion plan as it relates to the Main Street development To date the project is coming along on schedule. Tax Increment Financing would be used to purchase the property, clear the building, provide relocation costs of existing residences and take care of any environmental heeds. Bernhagen also reported on a business interested in expanding into the commu- nity for one of their computer terminal operations. The membership then met in their individ- ual committees to discuss the various 1990 Work Plan items assig_--_ �`,, -(- .� mr - tee. 1' 7 L J BUSINESS LOCATION AND CONTACT COMMITTEE Larry Fraser was elected chair. The committee fast met with the Public Information Committee to discuss the Business Park . and the Industrial Park. Bill Craig from Hutchinson Technology, Inc. gave a presentation on the potential of the land north of Highway 7 owned by HCI. After considerable discussion of this property and the existing Industrial Park, there was unanimous consensus by committee to ask the city to explore the economic feasibility of both sites. The committee listened to a report from the Finance Committee on the financial options to be investigated for a "spec" building. Members will be looking for examples of different types of Industrial Park signs and will secure information from MDOT on regulations for signs. PI,T3LIC INFORMATION COMMITTEE Because of a broader perspective than just industrial development, the committee will be reviewing their mission statement as it pertains to `selling" Hutchinson. Along with the business Location and Contact Committee, they will pursue the costs involved in Infrastructure to desig- nate the HI property along Highway 7 as a Business Park and related costs in expanding the present Industrial Park. The committee will attend the Highway 7 informational meeting to be held on Tuesday, March 20t1L The outcome of their meeting did indicate the need for another meeting to determine whether a service road could go through the entire project area during construction to service all businesses from the west. The committee will continue to seek ways of assisting the HCDC office in business proposals as well as outreach advertising. FINANCE COMMITTEE The conunittee is looking into how TIF for industrial development, the Revolving Loan Fund, and the Economic Develop- ment Loan Fund can all fit together to promote expanded use of the Industrial Park and/or a "Spec" building proposal. After receiving varicus reports from developers on the Hutch Hotel, the conclusion is that even with the $300,Cv0 grant housing renovation would not be feasible. Continued on Page 2 Continued from Page 1 The Real Estate Task Force will pursue other options with the $300,000 grant to fulfill housing needs in the community as it pertains to low and moderate income individuals. The committee will continue their monitoring of the Main Street Rehabilita- tion Project, analyze the TIF Fund sources and uses and monitor New Dimension Plating, Inc. as needed. A new company called "Dock Rite" may need some assistance and their recommen- dation will come through their bank of record. TRANSPORTATION COMMITTEE Bernie Knutson was elected chairman The committee will continue to monitor the railroad bankruptcy proceedings. There was a discussion of the possibility of a railroad car repair facility being located in the vicinity of the industrial park on the east side of town. This would provide track access either from the main line or the new spur line that goes through the present industrial park. SARA Task Force Report to be reviewed at the next meeting. The Comprehensive Plan for the Hutchinson Airport was reviewed All land north of the airport and south of South Grade Road should remain agricultural and was so noted on the Comprehensive Plan. The area listed as multi - family residential should be deleted from the master plan to avoid future confusion and prevent residen- tial construction in the airport flight path. Airport Commission is presently in the Process of planning for a major capitol improvement project at the Hutchinson Airport to include extension of the runway, construction of a parallel taxiway, addition of a new ramp, replacing the runway lighting system to include runway end identifier lights and glide slope indicators. The project may also include addition of a new refueling facility, administration building and maintenance hangar. Construction planned in 1993. HCDC should provide strong support for this project as the present airport facility is in bad shape and would be too expensive to repair. With new con- struction 90% federal money would become available for the project. • Hutchinson Safety Council FOR YOUR INFORMATION The Hutchinson Safety Council met June 25,199U at 12:00 noon at the Heritage Center. There were niue members present. Safety Council member Jim Faber, District Representative for Insurance Under- writers and the Insurance Repre:;cntative on the Legislature Advisory Task force on farm safety spoke about the orgin of the advisory task force on farm safety, the tindings of the task force and'its conclusion and recommendations. Farming is America's most dangerous occupation with tractor roll -overs the single greatest cause of accidental deaths on Minnesota forms, followed by tractor runovers. President George Field opened the meeting and the May minutes were approved as mailed. The Tre.,sures' report was given with request fur authorization to pay $25.00 for postage and $5.9 o for Scrap book. The motion was made by Duane hoeSChens, seconded by Marlin Forgensun and carried" unanimously to approve pay- ment of the above bills. OLD BUSINESS 1. We were not able to L.D. the Minnesota State Patrol Car as being Co- sponsored by the Hutchinson Safety Council. 2. Les Smith has not heard back from the Minnesota Safety Council regarding the Fair Booth. 3. Boar safety pamphlets and Water safety coloring books have been delivered by • Ge Field to various locations in Hutchinson; they were distributed at the meeting to Safety Council members for their information. A copy of the hunt- ing satiety brochure was also shown to members with no action taken on whether to order for the Hutchinson Fire Department Open House. 4. The problem with trucks blocking the view on Fair Ave. and Jefferson has imp- roved. 5. the stop signs at County Market are on private property but can be monitored by City Police. Joyce Rix noted that the stop sign at the entrance to the clinic should also be enforced. N EW BUSINESS 1. Duane HoesChen stated that it is difficult to cross Main Street on the Luc - eline trail. Marlin Furgenson will bring up at the City Council meeting June 27th. 2. ,John Rodeberg, City Engineer stated that work on the Monroe street should be completed in 3 -4 weeks with work commencing on Dale Street thereafter. Les Lindvr expressed concern that the work on Dale Street be completed before e;chool opens due to heavy bus traffic in that street . The nv�;t meeting will be July 30, 1990; please contract Marlin Furgenson if you W.,i,� 1.ie to present the July program. There being no further busines:;, President George Field declared the meeting adjourned. Submitted by: Jean Ward, Secretary 0 J FOR YOUR INFORMATIOi PIONEERLAND LIBRARY SYSTEM EXECUTIVE BOARD MEETING June 11, 1990 Present: Carol Conradi, Willmar Representing: Willmar William Scherer, Hutchinson ' Hutchinson Arlen LaCombe, Ortonville " Big Stone County Stan Jacobson, Granite Falls " Chippewa County Marie Schoener, Cosmos Meeker County Ric Emery, Willmar Willmar Lorna Carlson, Murdock Swift County Noel Phifer, Glencoe Glencoe Also present: Burton Sundberg, Director Kathy Matson, Associate Director Dave Lauritsen, Chippewa County Librarian Absent: Jan Kreie, Brownton (excused) Representing: McLeod County The Executive Committee of the Pioneerland Library System Board met June 11, 1990, 7:30 p.m. R. Emery called the meeting to order. Roll call was taken using a pass around sheet. The May 14 minutes were explained by drawing attention to the fact that the approved resolution was attached to the original minutes but that copies of it were not included in the minutes mailed out to board members, and that the motion to approve the resolution carried after the motion to table it failed. A motion was passed to approve the minutes with corrections (Scherer /Schoener). A motion was passed for the approval of the Financial Report (Conradi /Jacobson). K. Matson distributed the statistical report and noted a healthy increase and stated that the libraries are busy. She also distributed the news clippings. She reported a gift of $850.00 was received from Prairie Woods Environmental Council to be used for environmental books and that the libraries distributed yellow ribbons as a reminder of safe driving. She showed the committee four manuals received to be used to inform librarians in their work and in training employees. A motion was made for the approval of the bills (LaCombe /Scherer). K. Matson's term on the SAMMIE board has expired and B. Sundberg will replace her. K. Matson listed the four delegates to the Pre -White House Conference on Libraries to be held September 16 -17 at the Radisson South, Bloomington. The Public Relations Committee report was given by N. Phifer. He commended PLS in many ways. He read a prepared statement he had previously brought to the legislators on MLA Legislative Day in February. He recommended Public Relations Committees from each level. Thanks were expressed to N. Phifer. A. LaCombe reported on a Finance Committee meeting held earlier in the day and that another is scheduled July 9, just prior to the full board meeting. K. Matson reported the $2,000 SMAHC grant for children's summer programs previously applied for has been approved. Fifteen performances are planned. A motion was passed that the chair sign the grant agreement (Jacobson /Conradi). B. Sundberg reported on LDS communication. A motion was passed stating, on the advice and recommendation of the auditor, that the library will not hire an additional financial professional at this time (Jacobson /Scherer). B. Sundberg distributed a memo regarding a cut in operational costs in Kandiyohi County due to a cut of $1,700 in their budget payment to Pioneerland for 1990. A motion was passed to accept this proposal, unless another equitable solution can be reached (Conradi /Scherer). A motion was passed directing the chair to sign the SAMMIE organizational agreement (Scherer /Jacobson). A motion was passed that the chair and director sign grant agreements for state and federal aid (Conradi /LaCombe). A motion was passed to approve application for Establishment Grant for Renville County's participation (Jacobson /Scherer). A motion was passed to approve application for the 1991 state basic aid grant (Schoener /LaCombe). A motion was passed to approve application for the 1991 Federal Basic Aid grant (LaCombe /Jacobson). K. Matson distributed copies of the Long Range Plan and summarized the additions. A motion was passed approving this document (Conradi /Jacobson). R. Emery suggested inviting librarians to the board meetings, one county at a time. A motion was passed to do this (Conradi /LaCombe). Reading incentives were discussed. K. Matson gave a short summary of the Summer Reading Program and the use of reading incentives in this program. The next meeting, July 9, will be a full board meeting. Mileage vouchers were com- pleted and the meeting was adjourned. Lorna Carlson Secretary s it • 0 TOTAL L16RAST 6•• FINAL TOTALS 46 ACCOUNTS BALANCE LEFT ON HAND 1.336.366.00 119.375.66 674,OZ0.11 662.137.09 SO 1.336,346.00 JUNE 1990 674.028.91 662.157.01 SO NI /DIAMNE P904EERLAVO LIBRARY SYSTEM COUNTY 34 115167 PAGE 1 6111/90 INTEGRATED FINANCIAL SYSTEM 6/90 EDO3 6/11/90 15:40:51 15:61:66 01 FUND EXPENDITURE GUIDELINE AS Of - - LIBRARY PERCENT OF YE A4 502 ACCOUNT DESCRIPTION LYRAENT 1cmt. ALTWL waka -fO -DATE BOLT - ACT DIFFERENCE FIT BUDGET TMIS -RONTM •• Ol LIBRARY • 100 PERSONAL SERVICES 6105 SALARIES AND NAGFS 795,000.00 67, 069.61 395,009.99 390,970.01 $D 6110 HEALTH INSURANCE 21,000.00 1,752.33 10,556.02 10, 44).11 SD 6120 HEALTH INSURANCE - DEDUCTIBLE 7,600.00 829.37 - 2,675.0) 1.126.97 69 6170 AETIREMENT INSURANCE /0,726.00 6.361.90 30. 7Z 0. 14 62.001.66 68 • TOTAL PERSONAL SERVICES 100,726. 00 76.233.01 667.761.10 652,562.82 SO • 110 MATERIALS 6205 940KS - ADULT 120.000.00 11, Oa 6.19 62, O16.S9 77.967.61 75 6210 93OKS - CHILOASH 36.000.00 6,293.69 16,191.67 11.60657 65 6215 GENERAL REFERENCE 16.000.00 ,851.68 11.775.35 6.226.65 74 _ 6225 PERIODICALS 26,750.00 11.609.69 17,051 64 301.66- 101 6225 PAMPHLETS 700.00 13.76 1).16 166.26 S 6270 SENSOR LtSAARY MATERIALS 1.576.00 129.52 100.65 1.075.55 32 6235 CHIPPENA COUNTY L161LAR7Y MATERIALS 19.255.00 1.663.96 7,690.93 11.556.01 43 6260 MONTEVIDEO MATERIALS 13,600.00 720.66 6.516.16 1,061.02 A6 6265 16414 FILMS 6.000.00 .00 1.800.00 2.200.00 45 6252 VIDEO TAPES 5.000.00 270.59 3.901.16 1.096.66 72.92- 78 Ila 6255 AUDIO DISCS AND TAPES 600.00 291.37 672.91 6260 SLIDES AND FILM STRIPS 230.00 .00 .00 250.00 196.OS U 35 6255 KICAFJRMS 300.00 79.00 101.95 __ • 6273 MATERIALS BINDING TOTAL 4170X1 1.001.00 2k4.431.00 31. 033.69 119.240.91 126,150.09 44 • 120 CATALOGING 6310 OCL: AND OTHER CHARGES 16,60600 .00 6,616.00 9,792.00 41 6320 COM VEMDOA CHARGES 26.000.00 371.38 11.291.25 1Z.106.15 47 .-f CATALOGING 60.608.00 - 371.38 18.107.25 22.500.15 45 • 170 VEHICLES 6350 OPERATION RHO MAINTENANCE 16.600.00 1.564.58 7,279.66 7.720.56 S0 6363 INSURANCE 7,615.00 23.77 1,902.65 1.432.55 Sa ' 6370 AKDAII CA IL28 - 6.000.00 _ • _ _ __ - TOTAL VEHICLES 26.019.00 1. 37635 9.261.89 16, TS). ll N ' 160 C04NJNTCATION 64tO TELEP40ME AND LINE CHARGES 9.000.00 696.49 5.666.66 ). SS).36 N 6620 TERMINAL MAINTENANCE 1.000.00 .00 565.00 635.00 S7 6670 POSTAGE AND SNIPPING 12.115.00 1.155.10 5,260.29 7,656.72 41 • TOTAL COMMON IG ATT ON 22.715.00 2.049.99 11.211.96 11,143.06 SO • ISO EOJVMENT 6655 MEN FQUIPMFMT 2.655.00 189.00 1.311.90 1.363.10 49 6660 A/V EQUIPMENT 1.000.00 .00 171.73 SIN.ZT 14 6670 MAINTENANCE AND CONTRACTS 15.000.00 2.120.61 16,626.85 1.626.65- 109 • TOTAL EQUIPMENT 18,659.00 2.309.61 1T.908.40 746.52 96 • 160 OTHER $505 CUSTODIAL SUPPLIES AND EQUIPMENT 1.500.00 619.66 2.297.01 797.81- 153 6310 SUPPLIES AND PRINTING 27,696.00 3,269.86 15.156.71 11,579.29 Sa 6515 PK043TI04AL AND PAOGRAMKIMG 1,000.00 .00 1.012.02 12.02- 101 4520 MILEAGf AND MEETINGS - STAFF 6.OJ0.00 )16.86 3.617.35 2.362.65 60 6525 MILEAGE AMD REFTTMGS - TRUSTEES 4,000.00 669.66 Z.151.42 1.666.56 S. 6510 PROF. 4E46EKSHIPS (TRUSTEES) 400.00 .00 266.00 112.00 72 6515 INSJRANCE 11.500.00 .00 10.827.00 617.00 b 6540 ADS AND LEGAL NOTICES 100.00 .00 .00 100.00 0 6545 4UOITIN'. t.S00.00 .00 I,SOO.00 .00 114 6553 BOOKKEEPING 3.000.00 225.00 1.350.00 1.650.00 45 6555 CONTINUING EDUCATION 500.00 .00 705.00 205.00- 141 6556 SCNJLARS4IP FUND 1,000.00 .00 .00 L.O00.30 3 656J EXTENSION CONTRACTS 10.500.00 .00 7.700.00 7.200.00 31 • TOTAL OTHER 68.414.00 3.080.80 41.003.11 25.490.69 63 • 110 SPECIAL 6610 GLENCOE FRIENDS. 1983 1.389.00 .00 .00 1.389.00 0 6620 KCVL 2.716.00 .00 50,00 2.666.00 2 4670 LOCAL EQUIPMENT 2.000.00 .00 2.122.45 122.45- 106 6650 STATE SALES TAX 2,000.00 .00 739.43 1.261.55 37 4660 FA•14.T 1 !tS FUND 5.061.00 110.72 3.594.06 1.446.94 11 6673 IARiE PkINT FUND 3,999.00 316.51 1,126.99 69.01 97 • TOTAL SPECIAL 15.144.00 626.83 8.433.93 6.71D.05 $6 0 TOTAL L16RAST 6•• FINAL TOTALS 46 ACCOUNTS BALANCE LEFT ON HAND 1.336.366.00 119.375.66 674,OZ0.11 662.137.09 SO 1.336,346.00 119.075.66 674.028.91 662.157.01 SO S 43.668.84 5 43.668.84 • 030 OTNER REIMSURSEMFNTS 5671 OTHtR RCINBJ • TOTAL OTHER REIMBURSEMENTS 2,95q.0U 37),77 3,916.36 860.36- 129 2.958.00 373.77 3.626.36 86d.36- 129 • 350 nTHER FUNDS ,.. ,., ., .. 01-. 'LAND SY6T,- �%41Y )4 7J OL /90 5910 GLENCUE FUNJ INTtGAAFFU FINANCIAL .:YS%M .ou 1FS163 P4Gc l 15137:S7 O1 FUWD REVENUE GUl0EL1Nk AS OF b/90 FJO: 7/92/90 15:33159 LIBRARY CAROL CONRADI, TREASURER,PLS 5925 LUCAL EWUIPMFNT 2,n00.0U .On .00 /,J01).00 J 5930 FAMILY TIES FUNJ 00CENT 00 YEAR SOY ACCOUNT DESCRIPTION CURRENT ACTUAL ACTUAL 804T - ACT .00 .1)0 1. 999.0 BUDGET THIS -MONFH YEAR -TO -DATE DIFFERENCE PCT BALANCE CARRIED FORWARD 2,J9U.UO $143,383.50 6143,296.48 SV60 SUMMFA RFAO1NV 2,Ou0.01 _ •• Ol LIBRARY I.64n.0u 49v.0o 77 •____,TOTAL _OTHER FUNDS 17.22B.OU ,I • 010 RECEI►T4 1.600.00 3 k 9 •• T014L LIBRARY •� S101 BASIC STATE /FEDERAL AID 331,000.00 .00 b2, 046. OJ 244,904.U0 25 •� _ S11J RIG STONE COUNTY 22,069.00 5,S2i•45 16 5,522.28 7S S115 CHIPPEWA COUNTY 14, 322.9U .UO 37,161,00 37,161.40 Su 5120 KA431YDHI COUNTY 112,454.00 .u0 56,217,00 50,277.40 Su S121 .LAC GUI PARLE COUNTY 30,455.00 .00 15,217.50 15,227.50 SO S12S MC LFUD COUNTY 72,237.01) .00 36,I18.SU 1 6,114.50 Su Slay MEFAEK C017NTY 69,204.OJ .un 34.14).00 34.142.00 SO 5112 RENVILLE LOUNfY 35,338.00 . p) 14 40,161.0n 2b •� 5135 SWIFT COUNTY 34,SUn.Oy .00 17.IUn.00 Il.Z5u.00 SO 5137 YELLnW MFOICINE COUNTY 34.511.01) .VO 12,hy7.0U ZZ,10Y.U0 16 __._... 5140 APP,Ef9N 9.3US.00 .00 4.612.50 4, 6S1. 50 Su 5145 BENSON 18.609.00 .00 9.3U4.50 9.304.50 SO 5148 FAIRFAX .ou 4,421.40 4.427.00 ♦.42 /. U 5 150 GLFNC1)E 26,415.OU .00 1).217. 13,111.50 SO ,•I 5155 GRACEVTLLE 3,975.01 .00 1,937.SU 1.931.50 SO 5157 GAANITF FALLS 11,195.Ou .00 10,S97.50 14.591. 5n Su S14J HJTCHINSON 57.6v6.01 On 28.949.01) 78.b Sy ^� 5165 KERAHUVt4 3.968.00 .Uo 1.9V4.00 1.9 Sv $170 LITCHFIELD 41,852.00 .U0 29,916.04 2U,YZ6.00 50 5172 OLIVIA 19.912.00 .00 9, 9,961.00 SU S1 75 ORTUNVILLE 12. 7 L. 8 . 00 .UO 6,)94.04 0.394.00 SO 5193 WILLMAR 92,OSO.Ou .uo 46,015.10 40.4 ?5.JO SO 5195 BIRU ISLAND 0..854.00 .00 4.417.OU 4,421.00 SJ 5190 OAWSON L2,h42.0U .00 6, )1 I.no 0, 321. U0 Sy j 5195 HECTOR 7,7,7.00 .00 3,871.50 3,073.50 Su 5200 MADISON 14.365.00 .un 7,10 ?.50 7.182.50 50 5105 RENVILLF '9.961.00 .00 4,9b0.SU 4,940.50 Su %410 CASH AECF.IPTS C SALES TAX ,6,5Uo.0u 1,164.45 Z1,201.2d 25,- 46 _ S42J GIFTS 1,000.04 d9S.u0 1,056.00 1.054.00- 300 5430 INTEREST 7,500.04 375.03 3,643 S,b5b.59 49 6 TOTAL RECEIPTS 1,251,824.00 11,384.73 534,958.41 71o,865.59 43 6 DZU REIMIUSLOENTS (L)CAL GOVERNMFNT) S401 RtIMBURSFMFNTS - C41PPFWA COUNTY 32.029.OJ .u0 16,014.00 16.014.00 5u S00 REIM4URSEMENTS - dENSON (MATERIALS ONLY) 1, .v0 1,SU0.00 70.40 95 j 5040 REIMS - CHIPPEWA COUNFY ( MATFAIALS UNLY) 19,255.00 .00 lo,000.0U Y,255.1)0 52 SdS,) REINS - MUNTEVIUEO (MATERIALS ONLY) 15,101.00 5.UOL.50 6.502.%U d,594.50 43 • TOTAL REIMSUSEMENTS (LOCAL GOVERNMENT) 67,960.00 5.002.50 34,016.50 33.943.50 50 • 030 OTNER REIMSURSEMFNTS 5671 OTHtR RCINBJ • TOTAL OTHER REIMBURSEMENTS 2,95q.0U 37),77 3,916.36 860.36- 129 2.958.00 373.77 3.626.36 86d.36- 129 • 350 nTHER FUNDS 5910 GLENCUE FUNJ 1,390.00 .vn .ou ).3.0.47 J , _ SY23 KCWL 2, 717. nU .uo .UJ 1. 717.Un U 5925 LUCAL EWUIPMFNT 2,n00.0U .On .00 /,J01).00 J 5930 FAMILY TIES FUNJ 5,042.00 .u0 .00 5,U4..UO 0 5940 LARGE PRINT FUNJ 1. .00 .1)0 1. 999.0 0 SVSJ SALtS TAX 2.010.01 .uo .10 2,J9U.UO 0 SV60 SUMMFA RFAO1NV 2,Ou0.01 1,600.1.0 I.64n.0u 49v.0o 77 •____,TOTAL _OTHER FUNDS 17.22B.OU 1.600.00 1.600.00 15,620.00 9 •• T014L LIBRARY 1.339,970.00 19.361.00 574.401.27 765,56d.73 43 !••.FINAL TS 42 ACCOUNTS VIPTS 1.3)9,970.00 .161.00 0 514.401.27 765,560.73 43 ob TOTAL AND nAI.ANIF. 1 ,�