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cp03-13-1990 cHUTCHINSON CITY CALENDAR WEEK OF March 11 7 O March 17 1 990 Luck -o' -the Irish WEDNESDAY -14- 10:00 A.M. - Directors Meet at City Hall THURSDAY -15- FRIDAY -16- SATURDAY -17- ST. PATRICK'S DAY CONFERENCE: CHUCK NELSON - March 11 -12 5:30 T.M. - Special City Council Meeting for Public Hearing On Hospital Reve- nue Bonds for Equipment MONDAY -12- T l�1 Tt.lE *Y -13- 5:00 A.M. - Rail Authority Meeting at Crow River Country Club 7:30 P.M. - City Council Meeting at City Hall • AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 13, 1990 1. Call to Order - 7:30 P.M. 2. Invocation - Rev. Richard Gross, St. Anastasia Church 3. Consideration of Minutes - Regular Meeting of February 26, 1990 and Bid Opening of March 6, 1990 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Airport Commission Minutes - February 26, 1990 2. Nursing Home Board Minutes - February 20, 1990 3. Building Official's Report - February 1990 (b) Appointments to Boards And Commissions 1. Nursing Home Board - Roger Gilmer 2. Hospital Board - Dori Johnson 3. Planning Commission - Dean Wood Action - Motion to order report and minutes filed and ratify appointments 5. Public Hearing None 6. Communications Requests And Petitions (a) Consideration of Request to Hold March of Dimes WalkAmerica On May 19, 1990 Action - Motion to reject - Motion to approve CITY COUNCIL AGENDA - MARCH 13, 1990 Page 2 7 . Resolutions And Ordinances (a) Ordinance No. 90 -17 - An Ordinance Of The City Of Hutchinson, MN, Amending Section 10.06 Dealing With Animal Licensing And Regulation And By Adopting By Reference, City Code Chapter 1 And Section 2.99 Which, Among Other Things, Contain Penalty Provisions Action - Motion to reject - Motion to adopt (b) Resolution No. 9205 - Resolution For Purchase Action - Motion to reject - Motion to adopt (c) Resolution No. 9206 - Resolution Setting Election, Locations Of Precincts, And Appointing Of Judges For The City Of Hutchinson Special Election Action - Motion to reject - Motion to waive reading and adopt (d) Resolution No. 9211 - Resolution Of Appreciation To Don Pankake Action - Motion to reject - Motion to waive reading and adopt (e) Resolution No. 9212 - Resolution Of Appreciation To Frank Murphy Action - Motion to reject - Motion to waive reading and adopt 3 9. Unfinished Business None New Business (a) Consideration of Hutchmobile Service On Statutory Holidays And Weekends i 0 Action - . CITY COUNCIL AGENDA - MARCH 13, 1990 Page 3 (b) Consideration of Forming A Committee To Study Landscape Options for Main Street And Hwy. 7 Intersection Action - Motion to reject - Motion to approve and appoint committee (c) Consideration of Authorization To Auction Off Mobile Homes Action - (d) Consideration of Approval of Contract for Engineering Services with Barr Engineering Co. for South Fork Crow River Dam Action - Motion to reject - Motion to approve and enter into contract (e) Consideration of Limiting Parking On East Side of Dale • Street Between Linden Avenue And South Grade Road Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 9210 (f) Consideration of Entering Into Site Purchase Agreement And Cross - Easement Agreement for Redevelopment Between the City of Hutchinson and Shopko Action - Motion to reject - Motion to approve and enter into agreements (g) Consideration of Activities And Events for Minnesota Earth Day 1990 Action - Motion to reject - Motion to approve and adopt Resolution (h) Consideration of Ordering Preparation of Assessment Roll And Setting Assessment Hearing for Letting No. 1, Project No. 90 -04 Action - Motion to reject - Motion to approve preparation of assessment roll and hold hearing - Motion to waive readings and adopt Resolutions No. 9207 And No. 9208 CITY COUNCIL AGENDA - MARCH 13, 1990 . Page 4 (i) Consideration of Approving Plans And Specifications for Letting No. 3, Project No. 90 -09, 90 -10, 9 -11, 90 -12, And Advertising for Bids Action - Motion to reject - Motion to approve plans and specifications and advertise for bids on April 24, 1990 at 2:00 P.M. - Motion to waive reading and adopt Resolution No. 9209 10. Miscellaneou (a) Communications from City Administrator 11. Claims, Appx•opriations And Contract Payments (a) Verified Claims 12. Adiournment L- 1 4 0 E REGULAR MEETING MONDAY, MINUTES HUTCHINSON FEBRUARY 26, CITY COUNCIL 1990 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Aldermen Craig Lenz, John Mlinar, Marlin Torgerson and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg and City Attorney G. Barry Anderson. 2. INVOCATION The invocation: was given by the Reverend Robert Brauer. 3. MINUTES The minutes of the regular meeting of February 13, 1990 and bid opening of February 20, 1990 were approved as distributed. • 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JANUARY 1990 2. PLANNING COMMISSION MINUTES - JANUARY 16, 1990 The motion was made by Alderman Torgerson, seconded by Ald- erman Mlinar and unanimously carried, to order the report and minutes filed. 5. PUBLIC HEARING - 8:00 P.M. (a) IMPROVEMENT PROJECT NO 90 -17 (CONTINUED FROM FEB. 13, 1990) Engineer Rodeberg reported that the developer had decided to finance and construct the proposed storm sewer improvement. Therefore, he was waiting for a letter from the developer stating this fact. Following, discussion, Alderman Torgerson moved to table un- til the next City Council meeting. Motion seconded by Ald- erman Erickson. The motion was amended by Alderman Tor - gerson to table until the City received a letter from the developer. Amended motion seconded by Alderman Mlinar and unanimously carried. Main motion unanimously carried. CITY COUNCIL MINUTES - FEBRUARY 26, 1990 Page 2 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) PRESENTATION BY MN /DOT REGARDING TRAFFIC SIGNALS AND TURN LANES ON T.H. 15 & T.H. 7 AND BLUFF STREET AND TRAFFIC LANE STRIPING ALTERNATIVES FOR MAIN STREET Engineer Keith Voss of MN /DOT gave a presentation on the two proposed projects for Hutchinson and requested approval of the traffic control signal agreement. He stated there were four options to resolve the accident problem on Main Street, and option No. 3 was his recommendation. Following discus- sion, no decision was reached regarding traffic lane strip- ing. Alderman Mlinar moved to approve and enter into contract for traffic control signal and waive reading and adopt Resolu- tion No. 9204. Motion seconded by Alderman Lenz and unani- mously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9203 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to authorize discontinuation unless other arrangements were made. (b) CONSIDERATION OF AUTHORIZING NECESSARY ENVIRONMENTAL TESTING OF PROPOSED REDEVELOPMENT SITE (REQUESTED BY CITY ATTORNEY) Attorney Anderson stated there were some legal issues to resolve prior to testing. The City needs to know what kind of environmental issues they are dealing with. Following discussion, Alderman Torgerson moved to approve CITY COUNCIL MINUTES - FEBRUARY 26, 1990 Page 3 the testing. Motion seconded by Alderman Mlinar and unani- mously carried. Upon the recommendation of the City Attorney, Alderman Mlinar moved to approve a public hearing for creating a new tax increment district on or before April 27, 1990. Motion seconded by Alderman Torgerson and unanimously carried. (c) CONSIDERATION OF AMENDING SECTION 10.06 OF CITY ORDINANCE CODE PERTAINING TO ANIMAL LICENSING AND REGULATION Following discussion, Alderman Torgerson moved to approve and waive first reading of Ordinance No. 90 -17 and set second reading for March 13, 1990. Motion seconded by Alderman Lenz and unanimously carried. (d) CONSIDERATION OF AWARDING BID FOR 1990 POLICE PATROL CAR Upon the recommendation of Supervisor Meier, Alderman Tor - gerson moved to approve and award contract to Myron Wigen Motor Co. for one new 1990 Chevrolet police vehicle in the amount of $14,954. Motion seconded by Alderman Mlinar and unanimously carried. (e) CONSIDERATION OF AWARDING BID FOR USED SINGLE AXLE FLAT BED DUMP TRUCK FOR STREET DEPARTMENT Upon the recommendation of Supervisor Meier, Alderman Mlinar moved to accept the bid and award contract to Mankato Mack for a 1985 Mack truck in the amount of $20,950 and also sell the City -owned 1968 Chevrolet flat bed truck to Carlie Karg, highest bidder, for $1,210. Motion seconded by Alderman Erickson and unanimously carried. (f) CONSIDERATION OF SETTING DATE OF MAY 3, 1990 AT 4:30 P.M. FOR LOCAL BOARD OF REVIEW Following discussion, Alderman Torgerson moved to approve date. Motion seconded by Alderman Mlinar and unanimously carried. (g) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS FOR LETTING NO. 2, PROJECT NO. 90 -08, AND ADVERTISING FOR BIDS Following discussion, Alderman Torgerson moved to approve the plans and specifications for project No. 90 -08, to advertise for bids on April 2, 1990 at 2:00 P.M., and waive reading and adopt Resolution No. 9201. Motion seconded by CITY COUNCIL MINUTES - FEBRUARY 26, 1990 Page 4 Alderman Lenz and unanimously carried. (h) CONSIDERATION OF AUTHORIZATION TO HOLD SPECIAL ELECTION FOR FINANCING HOSPITAL /CLINIC IMPROVEMENTS IN AMOUNT OF $15,350,000 On behalf of the Hospital Board, Diane Gilmer read a letter from President Robert Durfee which addressed the plans for expansion and reorganization of the hospital and related facilities. It was the recommendation of the Board that the City support a special election for general obligation reve- nue bonds in the amount of $15,350,000. It was pointed out that the bonds would save the hospital considerable savings on financing and there would be no additional taxes for the residents. Following discussion, Alderman Torgerson made a motion to approve authorization to hold a special election for fi- nancing the hospital /clinic improvements in the amount of $15,350,000 and to waive reading and adopt Resolution No. 9202. Motion seconded by Alderman Mlinar. The motion was amended by Alderman Torgerson to hold a special election on April 3, 1990. Amended motion seconded by Alderman Mlinar and unanimously carried. Main motion unanimously carried. Bond Consultant Bill Fahey reported that Ehlers & Associates was going to use the services of Standard & Poors for the bond rating. He then commented on the financing of $2,000,- 000 worth of hospital equipment and requested authorization for publication of a public hearing notice. Following discussion, Alderman Lenz made a motion to hold a special hearing on March 15, 1990 at 5:30 P.M. Motion sec- onded by Alderman Mlinar and unanimously carried. (i) CONSIDERATION OF LOT SPLIT ON SOUTH GRADE ROAD REQUESTED BY FRANK FAY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mlinar moved to approve the lot split. Motion seconded by Alderman Lenz and unanimously carried. (j) CONSIDERATION OF SKETCH PLAN IN HASSAN VALLEY SUBMITTED BY ARLAND BEBENSEE (TWO MILE RADIUS) WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION CITY COUNCIL MINUTES - FEBRUARY 26, 1990 Page 5 Alderman Torgerson moved to refer to the County with rejec- tion based on improper use of the property, failure to com- ply with the Comprehensive Plan, and appropriateness of design. Motion seconded by Alderman Lenz and carried, with Alderman Erickson abstaining from voting. (k) CONSIDERATION TO ADOPT SHORELAND MANAGEMENT RULES PER MINNESOTA STATUTE 6120.2500 - 6120.3900 AND APPROVAL OF 50/50 GRANT APPLICATION Following discussion, Alderman Lenz moved to approve the grant application. Motion seconded by Alderman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reminded the Council of the infor- mational meeting to be held on March 1, 7:00 P.M., regarding the proposed retail redevelopment on the north end of Main Street. Mr. Plotz requested that the Council members turn in their prioritized list of objectives for 1990 so that it could be compiled. (b) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar inquired about the proposed lanes on Main Street. Engineer Rodeberg stated that MN /DOT would provide the Council with additional supporting information. It was reported that the residents on South Grade Road had expressed an interest in saving the trees and putting in a sidewalk in the area. Alderman Mlinar asked if the DNR had posted signs for snow- mobile trails as it appeared the machines were traveling all over. (c) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson reported a recommendation from the Safety Council to reduce the speed on Hwy. 15 South from the ceme- tery on out. A request will be sent to the Council to look at the speed on Hwy. 7 East after construction has been com- pleted on Hwy. 7 East. CITY COUNCIL MINUTES - FEBRUARY 26, 1990 Page 6 (d) COMMUNICATIONS FROM ALDERMAN DON ERICIKSON Alderman Erickson commented on the Hutchmobile service not being available to riders on holidays and weekends. Some holidays are work days for others, and they need a ride. (e) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson stated that a sanitary sewer and water main was hooked up in 1981 on property formerly outside the City limits, but it was never assessed. The issue came up on an assessment search, and the amount due would be approx- imately $4,000 with interest. The City Attorney will obtain additional information on this issue. (f) COMMUNICATIONS FROM BUILDING OFFICIAL Official Jim Marka reported that the revised Comprehensive Plan and revised Zoning Ordinance were near completion. However, $20,000 was budgeted for this project, and the total cost could be $3,000 over budget. Following discussion, Alderman Torgerson moved to approve the additional funding out of the contingency fund. Motion seconded by Alderman Mlinar and unanimously carried. (g) COMMUNICATIONS FROM HCDC BOARD CHAIRMAN Chairman Dwayne Peterson presented a report on tax increment financing and revolving loan fund for community development. He requested authorization to develop a plan for Council ap- proval. He also asked to proceed with appraisals on the bare land in the industrial park that has deferred assess- ments on it. The motion was made by Alderman Lenz, seconded by Alderman Torgerson, to authorize HCDC to develop a plan and present it to the City Council. Alderman Lenz amended the motion to read that HCDC would get the proper appraisals on the lots available in the industrial park district. Amended motion seconded by Alderman Torgerson and unanimously carried. Main motion unanimously carried. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS 0 . CITY COUNCIL MINUTES - FEBRUARY 26, 1990 Page 7 The motion was made by Alderman Torgerson, seconded by Ald- erman Lenz and unanimously carried, to approve and authorize payment from the appropriate funds. 12. There being no further business, the meeting adjourned at 9:42 P.M. 0 0 • MINUTES BID OPENING TUESDAY, MARCH 6, 1990 City Administrator Gary D. Plotz called the bid opening to order at 2:00 P.M. Also present: Assistant Engineer Cal Rice and Ad- ministrative Secretary Marilyn Swanson. The reading of Publication No. 4087, Advertisement for Bids, Letting No. 1, Project No. 90 -04, was dispensed with. The fol- lowing bids were opened and read: Juul Contracting Co. Hutchinson, MN $58,520.55 Randy Kramer Excavating Watkins, MN 66,495.65 Duininck Bros., Inc. Prinsburg, MN 70,753.70 Machtemes Construction Waconia, MN 74,846.70 The bids were referred to the Engineering Department for review. The bid opening adjourned at 2:10 P.M. N MINUTES AIRPORT COMMISSION Monday, February 26, 1990 Meeting was called to order at 8:10 p.m. on Monday, February 26, 1990 by Chairman Doug McGraw. Members present: Chairman Doug McGraw, John Miller, Dave Skaar, Dennis Kahl, Mark Lopac. Members absent: Mayor Paul Ackland Ken Merrill, City Finance Director gave a presentation concerning the revenues and expenditures at the Hutchinson Airport. Motion made by Dave Skaar, seconded by John Miller, passed unanimously, to have Ken Merrill put together a general city finance plan for airport improvement project. Meeting adjourned at 9:30 p.m. The next regular meeting will be at 8:00 p.m. on the 26th of March 1990 in Council Chambers at City Hall. Report submitted by Doug Meier 0 , - 62 BURNS MANOR MUNICIPAL NURSING HOME Special Meeting Minutes - February 20, 1990 The Board of Directors for Burns Manor Municipal Nursing Home met Tuesday, February 20, 1990 in the small lower conference room of Hutchinson Community Hospital. Chairman Jim Mills called the meeting to order at 5:35 p.m. Members Present: Ancher Nelsen Jim Mills Marge Putney Don Erickson Roger Gilmer Kay Peterson Elaine Black Robert Koepcke, Administrator Guest: Linda Nelson, Good Neighbor Press: Robin Schoen, Hutchinson Leader Jim Mills read a letter from Doris Johnson, daughter of resident Edna Sigurdson. The letter, addressed to the Board, complemented staff, Kay Gaspar, RN and the room redecorating. Consensus to have Robert extend the compliments to Kay. Jim discussed that the Board was in error to adjourn and reconvene the January 25 meeting. Therefore the minutes from that portion must be stricken from the record and new language be established. Roger Gilmer and Kay Peterson motioned to strike all information on page #4 after the new business item #6 of the January 25 minutes. Approved. Kay Peterson and Elaine Black motioned to accept Ancher Nelsen's request to be relieved of his responsibilities as Chairman and to have current Vice - Chairman Jim Mills appointed as Chairman. Ancher Nelsen will remain on the Board of Directors and be appointed as Vice - Chairman. Approved. Jim opened two sealed bids to renovate the laundry /kitchen hot water heater: TEK Mechanical /Hutchinson: $12,992.00 Honeywell /Minneapolis: $16,900.00 Ancher Nelsen and Roger Gilmer motioned to accept the TEK bid, assuming same meets the formal specifications of the project. Approved. Robert discussed the January 26 letter from Patch, Erickson on new construction cost estimates. Noted that construction is organized into 3 phases: Phase I (a) - Remodeled main floor, west basement with additional mechanical /electrical items. �/ Q <)) Special February Minutes Page 2 Phase II (a) - New north addition with full basement. 0 Phase III - New south entrance including terrace, canopies and parking space. Also noted is that for best results and lowest cost, Phases I (a) and II (a) must be bid together; hence there are 2 final phases: (New) Phase I - Building interior remodeling and north addition. (New) Phase II - South entrance, terrace and parking. Robert recommended that New Phase II be a fund - raising project, subject to the Memorial Committee. New Phase I is estimated to cost $726,093 with additions as specified in the January 26 letter. Remaining construction funds are at least $183,000, hence "minimum" financing needed is $543,093. Robert emphasized that this figure may be widely revised, indeed it is possible that financing may not be affordable at this time. The facility auditor and broker will be conferring soon to determine this after the 1989 financial audit is complete. Jim presented a January 31 letter from Patch, Erickson concerning extra design fees of $8,400 necessary after the Board authorized design changes on January 18. These include design for full building fire sprinklering as requested by the City Fire Marshal. Marge Putney and Ancher Nelsen motioned to accept the fees as presented. Approved. Jim noted that documents supporting Board action will be sent before the February 26 meeting. He advised Board members to review the By -Laws concerning membership (Re: Administrator as Secretary) and allowable travel expenses for Board members. Jim announced that Ancher gave testimony at a recent legislative committee regarding nursing home reimbursement rules: Ancher said that the effort appeared successful with that committee. Board members thanked Ancher for his efforts. Discussion was held on the success of Clint Maun's seminars on "Smooth Operations ". Elaine Black and other Board members attending were particularly impressed and pleased. Jim noted that the City Council will attend the February 26 meeting at 5:30 p.m. to hear new construction plans and be offered a Special February Minutes Page 3 facility tour. A light supper will be prepared for all. Jim Mills and Ancher Nelson motioned to adjourn this meeting at 6:35 p.m. Approved. Respectfully Submitted: t ooert Koepcke, -Secretary ATTEST: m Mills, aiGr+� — rman 11 C5744 nse 6. h... • 0 u Foe.0 -404 U.S. DEYMTMEHT OF COMME.CE - I ^Y ^ Ies.En ww.ug, THE clews Period In which permka issued I (j I FEPRUAP• 1990 (MORE@ CWxCI MV MM in name and address including z)P Codal REPORT OF BUILDING OR 553 ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 103500 27 F 9999 C85 1 C 26 9999 02730 JAMES MALKk BLDG OFFICIAL If your building permit system has changed, murk 'XI prim re box bsip w and *.plain CITY HALL In comments. 37 WASHINGTON AVE WEST NOTCH IHSON MN 55350 ❑ DISCOntmued ssA mg permits ❑ Merged with another system ❑ Split Into 1w0.1 more systems ❑ Annexed land areas PLEASE COMPLETE AND MAIL ❑ Had other changes THIS FORM ON OR BEFORE MARC N < 990 If no Permits wereissuedduring Bureau of the Census Instruction. are included. For this period, mark IX) in the box - -� ❑ 1201 East Tenth Strut further assistance, call collect and return this form esT J.Henonvllle, IN 47132 (3011763-7244. NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED HOUSEKEEPING Item Number of Number of BUILDINGS Valuation of yeluation of No. Buildings Housing Buildings Housing construction construction units Omit Cants Omit cents al Ibl ICI al Iel 111 1 1 Single family houses, detached Exclude mobile homes. 101 Single - family houses. anached - Separated by ground to roof wall, -No units above or below, and - Separate heating systems and utility meters. IC ount each unit as a separate building) 101 Two - family buildings 103 Three - and four family buildings 104 Five -or -more family buildings 105 TOTAL — Sum of 701 -106 0 108 3 3 235,886 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLYOWNED NONHOUSEKEEPING Item Number of Number of BUILDINGS Valuation of Valuation of No Building. Rooms Building. Rooms c omic cent construction Dow cents LI Ibl (d Id] lei I0 Ig) Hotels, motels, and tourist cabins (transient accommm al,. s only) 213 Other nonhousekeeping shelter 214 NEW PRIVATELY OWNED PUBLICLY OWNED NONRESIDENTIAL BUILDINGS Item Number Valuation of Number Valuation of No of con of CDma buildings Omit cents is buildings Omit cents ts Cen al (b) el (dl lei Amusement, social, and recreational 316 Churches and other religious 319 Industrial 320 Parkin ors es Ibuildin s and open decked) 321 Service stations and repair garages 322 Hospitals and institutional 323 Offices, banks, and professional 324 Public works and utilities 326 Cahc..;e a..d other Erducational 328 Store. and customer service, 327 Other nonresidential building, 328 Structures other than buildings 329 ADDITIONS, PRIVATELY OWNED PUBLICLYOWNED ALTERATIONS, AND Item CONVERSIONS Number Valuation of Nuo -i Valuation of No. of construction of construction buildings Omit cents buildings Omit cents (el (b) W Idl el P.S,d,ntW — Classify additions of garages s. d carports m dam 436. 434 Nonresidential and nonhousekeeping 437 2 Additions of residential garages and carports (attached and detached) 436 PLEASE CONTINUE ON REVERSE SIDE 11 Permits - $3,925,819.00 Total Valuation ' = :" 7 M'M DEMOLITIONS AND PRIVATELY OWNED PUBLICLY OWNED RAZINk. _ BUILDINGS i Number of Number of No. Buildings Moor ing Buildings Mousing unita units (b) ml (dl lei hoot.. Iatlacfied and detached) BEB uildings 808 ur family bwldings 807 la nnly buddmgs 8q8 mos and structures 868 INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT $500,000 OR MORE Phase provide the following information for each permit authorizing construction valued at $500,000 or more entered m sections I through IV. Item Number of No. from Descriptmn Name and address of Owner ship Valuation of sec owner or budder Merk(XI construction Omit cants wnueing Ruild.0 q+ I —IV dne units lei Ibl IU Id) lei (11 1 1 K. °° or b uil di ng 3M Company 320 Solvent Recovery_Fac i lity -. ---- ---- --------- ------ -- ---- - - - - -- ji,Pnret. Srr.addme. P.0. BDx_33331— ------- --- - -- ❑Pabbc 975 Hwy. 22 South St. Paul, MN 55133 s 2,877,000 1 Kind of building Thermal Oxidizer 3M- CDm pa n y. -- -------- - - - - -- `�Prlvete - -- ----- --- - - - - -- sae „air.�.: P.O. Box 33331 320 915 Hwy. 22 South St. Paul, MN 55133 $7e7,433 1 Kind of buoding ----------------------------------- ❑Prirare Sire :ddn.sa $ T- -1 DmWmq ______ _____ ____________ ❑Private Sae address -- ❑Public S Kind of building _________________ _____________ ____ ❑Priven ae dd S are.a ❑puplic Kind of building ______ ____________________________ ❑Privet. Siu eddraes --------------------- 4 Kmd of buildng ___ _______________________________ ❑Privet. Site .°dress []Public 9 Kind of Omldiny ------------------- CPrm... --------------------- Sl ur d re -- — e aae P°i 5 Kind dl pudding ___________________ ________ ❑PrivaU $i1i eddreu ___________________ ___ ____ 9 Comments Are You aware of any Mw permR- Issuing furl- llctlons7 M No [ — Please give additional information in comments. Name of person to contact regarding this rsport Telephone Title J� as G. Marka Aree code Number E....... n Building Official 612 587 -5151 21 9 `J i / Much of Blmu Birth Bdah Foundation 6ntlu Twin Citbt Chaptu Central Minnesota Division 601 Mail Germain St. Cloud Minnesota 56301 Telephone 612 252 1156 4a `\ arch of 101 rP genUnO g lth UPlects Michael Chr,SUanser Chapter Director To Whom it May Concern: March 6, 1990 The March of Dimes Central Division Chapter will be holding the March of Dimes WalkAmerica in Hutchinson on Saturday, May 19, 1990. Registration for the Walk will be at 8:00 a.m., with the Walk beginning at 9:00 a.m. and continuing until mid - afternoon. We will send a copy of the Walk route when we have it completed. Please notify us of any permits we must apply for previous to the Walk. If you have any questions, you may call the March of Dimes office at 252 -1156. Thank you. Sincerely, ` w 'y'- . h� , 0 Janet M. Hance WalkAmerica Coordinator ORDINANCE NO. 90 -17 2ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING SECTION 10.06 DEALING WITH ANIMAL LICENSING AND REGULATION AND BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. City Code, Sec. 10.06 entitled "Animal Licensing and Regulation" is hereby amended by adding Subd. 19, to read: Subd. 19. Additional Grounds for Impoundment. Any animal found without adequate food or water, or any animal kept in a condition endangering the health or safety of the animal, may be impounded by the City, then held pursuant to the terms of this Section. 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. The ordinance shall take effect upon its adoption and publication. Adopted by the City Council for the City of Hutchinson this day of , 1990. Mayor Attest: City Administrator Second Reading: Published in the Hutchinson Leader on 1990. 0 /— 7�. F-1 RESOL�TI01 NO. 92OS CITY OF HUTCHINSON FESOL"TION FOR PLRCILASE The Hutchinson Citv Cou auahorizes the purchase or the followin ": ITEM COST PUP, POSE DEPT. BLDCET 1 VENDOR 4" Seeder 3,476 Lawn Seeder i Park Yes MTI Distributing Bucket Truck 1,278 General Repair Park Yes RMS Engine 1,275 Replacement for Grader Street Yes Car Quest Auto Velocity Controller 1,060 Repairs On Fume Hood WWTP Yes Schwab Ballhaber Lubratt Microfilm Reader & 4,185 Microfilm - Space Saving Librar * AMI Canon Printer Repairs 2,600 VacAll Machine Repairs WWTP I Yes MacQueen Eqmt. *Funds will be used from) Emma e Estate and State His The following items were authorized due to an emergency need: ITEM COST Date Approved: March 13, 1990 Motion made by: Seconded by: PURIPOSE 1 Grant rec y Library. DEPT. I BUDGET I VENDOR Resolution submitted for Council action by: i RESOLUTION NO. 9206 RESOLUTION SETTING ELECTION, LOCATIONS OF PRECINCTS, AND APPOINTING OF JUDGES FOR THE CITY OF HUTCHINSON SPECIAL ELECTION WHEREAS, Chapter 204B, Section 204B.16, Subd. 1 and Section 204B.21, Subd. 2 of the Laws of Minnesota states that the governing body of any municipality, by resolution adopted prior to the giving of notice of the election, may designate the location of polling place and naming of judges for the City of Hutchinson Special Election on April 3, 1990. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That the polling place to be used during the 1990 City of Hutchinson Special Election for all precincts will be in the Recreation Center located at 900 Harrington Street. 2. That the Election Judges are hereby appointed in accordance with the attached list. Adopted by the City Council this 13th day of March, 1990. Paul L. Ackland Mayor ATTEST: Gary D. Plotz City Administrator • ! (?r PRECINCT 1 EVA MAAS ROSIN.A JOHNSON RUTH HAGEN GLARY WANCrRIN HELEN LICKFELT PRECINCT 2 SEDONA MILLER DELAINE ROLFE PHYLLIS WESELOH EVELYN PROCHNOW CHARLOTTE BYE PRECINCT 3 DORIS DAGGETT EVELY'N VA.NHALE DARLEEN KNIGGE TERI (MARIE) ANTONY GLADY'S MADSON PRECINCT 4 JO GILHOUSEN NORMA SCHEPERS RARRIET WIXCEY PEARL SEALE ARLIS CLABO PRECINCT 5 GRACE KOTTE RARRIET SCFLMIDT ROSE KADLEC ?LARY J. BRUN14OND IRMA KREIE ELECTION JUDGES CITY OF HUTCHINSON REGISTRATION TABLE FERN FRANK NORMA TOTUSHEK 332 HW'Y 7 EAST 450 ROSE LANE 554 CLARK ST. 332 HI-, 7 EAST APT. #3 545 MAIN NO. 714 SHADY RIDGE 844 SECOND AVE. S.W. 1109 LEWIS AVE. 10 NO. GLEN 515 LINCOLN AVE. 978 ROLLING GREEN LANE 915 THOMAS AVE. BOY 243 335 CHARLES 528 KAY' 621 FOURTH ACT. S.W. 305 EAST PISHNEY LANE 360 WEST PISHNEY LANE 569 MILLER 580 MILWAUKEE 1025 JEFFERSON 45 SHERWOOD CIRCLE 325 JEFFERSON #11 716 HASSAN ST. 55 SHERWLOD CIRCLE 595 LYNN ROAD 537 GRAHAM 0 0 `J RESULUTION OF APPRECIATION Resoiution No. 9211 WHEREAS, the Llty of nutcninSo;: has utii_Zea parL -time u.;d /or reserve oLLlcers riow ti1Le LO time in its police department to u,gment the lull- ti':iie force: hide br%EREAS, Lun rai;kake has servea as a part -time and reserve officer for the City of Hutchinson for approximately i2 years; AND WHEREAS, Don Ea.kake performec his duties in a courteous a; efficient manner, tiu['!, THEREFORE, BE ill RESOLVED BY THE CI'i "i COUNt:IL OF THE CIT'i Ut hUTCHINSON, MINNESOTA: 1. That the Hutchinson City Council hereby recognizes and appreciates the many years of service contributed by Don Pankake to the citizens of this community. Adopted by the City Council this 13th day of March, i9SO . 40 ?taYO: CiZV , id:iiinistrator • 7_ 6, . RESOLUTION OF APPRECIATION Resoiution Nu. _9212 Ni',EREnS, the City of Hutcninson has utilized part -time and /or rP_s =1: ve c l - e 17 s t tim= LO tilT.c in irs poi1ce department to augment the full -time force: ANN) wftL�_" Fra17n '1urpi:v nas served as a Tart -Lime ana reserve officer for tae City Of Hutchinson for approximately -1 years; AND WHEREAS, Frank 11urphy performed his duties in a courteous and efficient manner: No; IHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: City Administrator 0 i. That the Hutchinson City Councii hereby recognizes and app reciates Lhe many years of service contributed by Frank Murpny to . the citizens of this community. Adopted by the City Councii this _13th day of March, 1590. Lay.;r City Administrator 0 N 12) 587.5151 37 6'VASI 'i 'GTO;\'AVEh'UE NEST — AI - - - .� `� h'UTCHINSC , A,41NN. 55350 rr Mo/ M E M 0 R A N D U M March 1, 1990 TO MAYOR AND CITY COUNCIL FROM HAZEL SITZ, TRANSIT COORDINATOR 3 RE HUTCHMOBILE SERVICE At the February 27 council meeting, the council discussed the possibility of adding bus service an President's Day or at other times. Our 1990 budget was prepared with the same nunber of days of service as in the past years, that is Mondays through Fridays, with the exception of the 10 statutory holidays. Our transit budget is also prepared and approved by the MN Department of Transportation. Funds are becoming more difficult to obtain. Currently, the grant from the State matches our local dollars in a ratio of 60% State monies and 40X City cost (after local fares are deducted.) If we were to increase service to holidays the budget, at present, would not be able to handle this request. If bus service were to be provided on holidays which are considered shopping . days, this could include 4 days - Martin Luther king Day, President's Day, Veteran's Day and Thanksgiving Friday. To provide our usual level of service with 2 drivers and a dispatcher on duty the daily cost of operating on a holiday would be approximately as follows, taking into account that the full time driver hours would be paid at a tame- and - one -half rate due to the holiday: Dispatch hours - 9 Driver hours (2 vehicles) - 17 Wages and PERA /FICA $337.00 Passenger fares (est. 100 @ f.75) - $ 75.00 Net labor cost per holiday S 262.00 We presently have 2 part time drivers who may be available for some of the holidays. Or we could provide limited service with one bus (dial -a -ride only) on holidays, thereby saving 7 driver hours per day. Either of these options would cut some costs. Other (1) (2) alternati es brought up in discussion with the finarce director might be; Cut back service at other times. A change in services would need to be approved by the State of Minnesota as the contract is now in effect. Add the service and take funds (total cost - as there would not be a state match) from contingency dollars in the budget. This would amount $262 per holiday and may set a precedent with the State of Minnesota not desired. Put the request in the 1991 budget and add to the contract request from the State of Minnesota. At the time of budget consideration the council or may not wish to expand the service in light of other budget requests. (continued) to may Page 2 If it became necessary to add other part time employees to the transit department because of expanded service, all would fall under the new licensing, safety, and drug testing regulations. There was also discussion of the possibility of Saturday and /or Sunday service. If the council wants to ce-Auct a survey to determine interest, what is your preference for a method? (Examples: riders, newspaper, community survey.) Please provide furth_r direction in this matter. `J L J (612) M - I - N - N - E - S - O•T•A 37 Washington Ave. W. • Hutchinson, MN 55350 February 1, 1990 Mayor Paul Ackland City Hall Hutchinson, Minnesota 55350 Dear Mayor Ackland MAINSTREET- HUTCHINSON respectfully requests permission to form a Committee to study landscape options for the Main Street and Highway 7 intersection. Last summer, MAINSTREET - HUTCHINSON and the Downtown Design Review Committee applied to the University of Minnesota's Center for Community Studies for assistance in developing designs to enhance the overall community. Specific ideas were sought on how to landscape the area north of downtown where Main Street intersects with Highway 7. The Center for Community Studies arranged for the Landscape Architecture Planting Design Class taught by Peggy Sand to use Hutchinson as a case study for the class. On January 23, 1990, Peggy Sand and graduate landscape architucture student, Douglas Snyder, presented their report, "Planting Design Concepts For Hutchinson." The report (available in the MAINSTREET Office) contains planting design concepts developed by nine students for the north end of Main Street where it intersects Highway 7, and for the Highway 7 corridor near the intersection. Each student also prepared a design plan for Eheim and Girl Scout Park or for Firemen's Park. The purpose of the Landscape Design Committee will be to evaluate each of the nine proposals, and then from there, to create a Landscape Design Master Plan for the above mentioned areas of Hutchinson. It is our recommendation that a Committee be formed, made up of the following: Skip Quade, president, MAINSTREET; Mark Schnobrich, City Forester; Dr. Virgil Voight, Tree Committee; Craig Lenz, Alderman; Kay Johnson, MAINSTREET. With your approval, the Landscape Design Committee will begin working on this project. Since ly,� '�VJ F—= Skip uade president / /, t / Pl v<--'1J F / ✓ ir H - U - T - C - H - I - N - S•O•N (612) 587 -5151 Ha�cH' CITY OF HUTCHINSON i 37 WASHING TON AVENUE WEST HUTCHINSON, MINN. 55350 MEMO MARCH 8, 1990 TO:MAYOR & CITY COUNCIL -------------------------------------------------------------- FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: SALE OF MOBILE HOME TRAILERS ----------------------------------------------------------------- The City has in its possession several mobile home trailers which were moved from the Midwest Trailer Court. The State Court has authorized the sale of the units by the City. The purpose of this memo is to request City Council approval of the sale of the mobile home trailers on April 6, 1990. I would also request the approval to use Hotovec Auction Service for this sale. We had previously engaged Hotovec for the sale which had been cancel. q'2 ' (612) 587 -5151 DATE: March 7th, 1990 TO: Honorable Mayor and City Council [ate 11 0 0 FROM: John P. Rodeberg, Director of Engineering RE: Authorization to Hire Consultant for Phase I Services for South Fork Crow River Dam Based on previous authorization, we proceeded with obtaining three quotations for providing engineering services for review and repair of the Crow River Dam. The request was divided into three proposed phases of services: PHASE I Initial Review and Report (including potential funding review) PHASE II Plans and Specification Preparation, Construction Services PHASE III Operation and Maintenance Plan Dam Break Analysis (if required) Requests for proposal were sent to three firms recommended by the DNR; Barr Engineering, TKDA Engineers - Architects, and EWI Engineering (formerly Warzyn). Engineering costs were requested for budgeting review, rather than strictly cost comparison. All three firms responded with very impressive credentials. Statements of Qualifications and Experience for all three firms are available for review. We are recommending entering into an agreement with Barr Engineering due to their superior qualifications and their ability to control engineering and construction costs, as shown in past experiences and in the current proposal. F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 The costs for the services are estimated as follows: PHASE I PHASE II PHASE III BARR # 5,800.00 # 9,000.00 # 4,900.00 TKDA EWI # 7,000.00 #13,000.00 - #18,000.00 # * #10,000.00 - #40,000.00 #21,300.00 #14,000.00 - #19,000.00 ofilisvp #19,700.00 * To be based on Actual Costs. ** Not including Phase II #28,300.00 ** #37,000.00 - #77,000.00 Authorization to Hire Consultant for Phase I Services for South Fork Crow River Dam March 7th, 1990 Page 2 Additional testing services, if required, are not included in Phase I costs. This work would be completed by an independent testing company, if the consultant feels that existing data is insufficient, or if potential difficulties are observed. We recommend entering into an agreement with Barr Engineering for Phase I services at a cost not to exceed $5,800.00 without further approval of the City Council. An additional $3,000.00 is recommended to be authorized for proposed testing, if required. Since no money is budgeted for this work, this work must be paid from the Contingency Fund. \J cc: Gary D. Plotz, City Administrator Kenneth B. Merrill, Finance Director Larry Karg, Street Maintenance Supr. SPR /pv Barr Engineenng Company 7803 Glenroy Road Minneapolis, MN 55435 6121830 -0555 6121835 -0186 (Facsimile) February 16, 1990 Mr. John P. Rodeberg Director of Engineering City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Re: South Fork Crow River Dam Hutchinson, MN Dear Mr. Rodeberg: We are pleased to present Barr Engineering Co.'s qualifications and experience and budget estimate for providing engineering services associated with the South Fork Crow River Dam in Hutchinson. The proposed scope of work is based on your letter dated February 6, 1990 and also on our visit with you and to the dam on February 13. As outlined in your letter, the scope of work is divided into three phases. Phase I is the Initial Inspection and Investigation, Phase II is the Final Design, Plans and Specifications, and Construction Services and Phase III is the Dam Break Analysis and Operation and Maintenance Plan. Tables 1, 2 and 3 present the estimated costs for the scope of work included in each phase. As discussed on February 13, Barr Engineering Co, has an extensive amount of experience with dam engineering. We have completed inspection, repair, and design projects at more than 100 dams. An overview of our qualifications and experience is presented in the general and dam /hydro sections of our structural brochure (three copies area enclosed). The key staff members who will be assigned to the project are Bill Forsmark as project manager and me (John Larson) as Principal. Resumes are also included in the brochure. Following is a discussion of our proposed scope of work in each of the three phases. PHASE I: Initial Inspection and Investigation The work included in Phase I consists of preliminary review of the site and the existing damage to the dam due to ice forces, including investigation of material strength and dam stability. This phase also includes the preliminary design of repairs and /or modifications to the dam. Mr. John P. Rodeberg February 16, 1990 Pag Z 0 The available drawings, correspondence, and design computations for the dam would be reviewed to better understand the dam's existing conditions, including the original design, modifications, material strengths, loading capacities, and stability. An on -site review of the dam would be conducted to review the damage more closely. Non - destructive testing would be performed to determine the quality of the existing concrete. If necessary, material testing would be performed to more accurately quantify the existing concrete conditions and strength. Actual material testing would be performed by a firm specializing in material testing. The work involved in obtaining concrete samples could be performed by an independent sampling company or City staff personnel. We have not included the cost of obtaining the samples in our estimate. After this analysis of existing conditions, preliminary design options would be reviewed, including estimated construction and engineering costs. A report would then be prepared presenting the results of the site review, analysis, and preliminary design of repairs and /or modifications necessary to conform to dam safety guidelines. Barr Engineering would also work with the City to determine possible funding sources for financing dam repair work. The State of Minnesota, administered by the Minnesota Department of Natural Resources, Dam Safety Division, will assist municipalities with dam safety investigations and repairs. Limited general funding and project- specific funding could potentially be obtained from this program. PHASE II: Final Design, Plans and Specifications and Construction Services The work included in Phase II consists of final analysis for remedial work, and preparing plans and specifications for the repairs and /or modifications. Also included are engineering services during construction activities. Based on the results of Phase I and recommendations of the City, final analysis and design would be performed for the selected repair and /or modification options. Then plans, technical specifications, and bidding documents would be prepared for the selected options. Engineering services would be included for critical phases of the remedial construction. During non - critical phases, much of the construction observation may be performed by City staff. The amount of time required for engineering services on -site would depend on the final design alternative, and may vary from the preliminary estimate. 9 0 1] Mr. John P. Rodeberg February 16, 1990 PHASE III: Dam Break Analysis and Operation and Maintenance Plan Page 3 The work included in Phase III consists of reviewing the existing dam hazard classification, revising the hazard rating if necessary, preparing a dam break analysis if required, and preparing an Operation and Maintenance Plan for the dam facility. The variable scope of work posed above would depend on the results of the dam hazard classification review and on discussions with the Minnesota Department of Natural Resources. Based on our discussion with you on February 13, it may be possible to revise the dam hazard rating to a lower rating by reviewing the site and the areas potentially affected by a dam break downstream of the dam. This may save the City additional cost for dam break analysis, as well as having other implications for flood insurance. If necessary, a dam break analysis would be performed based on the existing dam configuration and downstream river channel sections. The cost estimate provided assumes that a dam break analysis would be performed, and that enough information on river channel sections would be readily available . to eliminate the need for a site survey. If a site survey would be required, this would be an additional expense. However, if a survey were necessary, the City could perform this survey with their staff personnel. An Operation and Maintenance Plan would be prepared for the dam, including standard operations for maintaining the reservoir, gate operations, normal and seasonal operations (including drought and special winter /ice procedures), and emergency operation and response. We have assumed that you and your staff would be involved in the preparation of this manual to provide information on past and present operation procedures. I hope our proposed scope of work, cost estimate, and qualifications and experience meet the needs of the City of Hutchinson on this project. If you have any questions, please feel free to give Bill Forsmark or me a call. Sincerely, John R. Larson, P.E. Vice President JRL:WJF /kml Enclosures 0001001 /HUTCH.WP u Table 1 Task Site Review Review of Computations & Drawings Material Testing Preliminary Design of Repair /Modification Report Preperation Meeting with City 0 Cost Estimate Phase I Engineering Work South Fork Crow River Dam Hutchinson, Minnesota Project Personnel Hours ------------------------------ Project Principal Manager Technician - -- - - - - -- - - - - - -- -- -- - - - - -- 1 8 1 16 2 4 24 1 12 6 10 G Expenses Total Cost -- - -- - -- ---- - - -- -- $150.00 $625.00 875.00 250.00 350.00 1,500.00 255.00 1,250.00 250.00 1,200.00 TOTAL $5,800.00 0 0 0 Task Analysis & Design of Repair /Modification Drawings Specifications Construction Services Table 2 Cost Estimate Phase II Engineering Work South Fork Crow River Dam Hutchinson, Minnesota Project Personnel Hours ------------------------------ Project Principal Manager Technician --- -- - - -- - - - - --- ---- - - -- -- 2 60 Expenses Total Cost $3,150.00 1 8 24 $570.00 2,005.00 1 20 8 1,395.00 40 450.00 2,450.00 TOTAL $9,000.00 Task Review Existing Dam Hazard Rating Dam Break Analysis O & M Plan Development Table 3 Cost Estimate Phase III Engineering Work South Fork Crow River Dam Hutchinson, Minnesota Project Personel Hours ---------------------------------------- Project Hydrologic Project Principal Manager Engineer Engineer --- - - - - -- - - - - - -- -- -- - - - - -- -- - - - - -- 1 8 2 1 2 2 30 Expenses 4 48 $200.00 120.00 TOTAL Total Cost $595.00 2,535.00 1,770.00 $4,900.00 0 0 Is RESOLUTION NO. 9210 RESOLUTION LIMITING PARKING ON EAST SIDE OF DALE STREET BETWEEN LINDEN AVENUE AND SOUTH GRADE ROAD WHEREAS, the City of Hutchinson is proposing to construct street and sidewalk improvements (Letting No. 3, Project 90 -10) on Dale Street, from Linden Avenue to South Grade Road, to state -aid standards, and WHEREAS, the roadway is a minor arterial street, and WHEREAS, a design width of 38 feet is proposed to allow sidewalk construction along the west side of the roadway, and WHEREAS, state -aid standards require a resolution limiting such a roadway to parallel parking on one side only. NOW THEREFORE, BE IT RESOLVED THAT said City of Hutchinson shall ban parking on the east side of Dale Street between Linden Avenue and South Grade Road at all times, in accordance with state -aid standards. Adopted by the City Council this 13th day of March, 1990. Paul L. Ackland Mayor ATTEST: Gary D. Plotz City Administrator 9 -E 0 " EARTH DAY 1990 P.O. Box 10329; Minneapolis, Minnesota 55458 -3329 (612) 627 -4049 • Earth Day Co-chairs Resolution Committee Co- chairs Governor Rudy Perpich Attorney Gen. Hubert H. Humphrey III Senator David Durenberger U. S. Congressman Vin Weber February 21, 1990 c' c( r N Dear Minnesota Mayor: Earth Day 1990 presents a unique opportunity to focus public attention on resolving our environmental problems. The Minnesota Earth Day 1990 Advisory Committee, composed of leaders from business, environmental and government organizations, is helping to design a series of activities and events that will increase public understanding of environmental problems and the ways these problems can be resolved. One of the guiding principles of Earth Day 1990 is inclusiveness. Regardless of what city, state or nation we reside in, we all share planet Earth as our home. The goal of Earth Day 1990 is to raise the level of public awareness about our environment and to educate people about actions they can take on behalf of the environment. Earth Day 1990 is the ultimate expression of the phrase "think globally; act locally ". Earth Day 1990 will be the product of a huge coalition of loosely affiliated organizations, reaching far beyond existing environmental constituencies to involve the broadest possible cross section of participants. Around the world, across America. and here in Minnesota, individuals and groups are already planning activities and events to celebrate Earth Day. As co- chairpersons of the Minnesota Earth Day 1990 Resolutions Committee, we urge you to Join elected officials in local Jurisdictions across America in passing resolutions like the sample resolution enclosed with this letter. With your help we can demonstrate why Minnesota is recognized as an environmental leader among the states. Finally. after your organization has passed the resolution, we request that you send a copy to us In care of Minnesota Earth Day 1990, P.O. Box 10329, Minneapolis, MN 55458 -3329. On behalf of Minnesota Earth Day 1990, we would like to thank you for your help in making Earth Day in Minnesota a great successl Sincerely, HUBERT H. HUMPHREY Attorney General • Enc. N B� U.S. Congressman �t II�1�1��3 o0lP� " EARTH DAY 1990 0 P.O. Box 10329; Minneapolis, Minnesota 55458 -3329 (612) 627 -4049 RESOLUTION WHEREAS, almost twenty years ago, more than twenty million Americans joined together on Earth Day in a demonstration of concern for the environment, and their collective action resulted in the passage of sweeping new laws to protect our air, water, and land; WHEREAS, in the nineteen years since the first Earth Day, despite environmental improvements, the environmental health of the planet is increasingly endangered, threatened by Global Climate Change, Ozone Depletion, Growing World Population, Tropical Deforestation, Ocean Pollution, Toxic Wastes, Desertification, and Nuclear Waste requiring action by all sectors of society; WHEREAS. Earth Day 1990 Is a national and international call to action for all citizens to join in a global effort to save the planet; WHEREAS, Earth Day 1990 activities and events will educate all citizens on the importance of acting in an environmentally sensitive fashion by recycling, conserving energy and water, using efficient transportation, and adopting more ecologically sound lifestyles; WHEREAS, Earth Day 1990 will educate all citizens on the importance of buying and using those products least harmful to the environment; WHEREAS, Earth Day 1990 will educate all citizens on the importance of doing business with companies that are environmentally sensitive and responsible; WHEREAS, Earth Day 1990 will educate all citizens on the importance of voting for those candidates who demonstrate an abiding concern for the environment; WHEREAS, Earth Day 1990 will educate all citizens on the importance of supporting the passage of legislation that will help protect the environment; NOW, THEREFORE, BE IT RESOLVED that designate and proclaim April 22. 1990 as Earth Day 1990, and that that day shall be set aside for public activities promoting preservation of the global environment and launching the 'Decade of the Environment'. E g -G. RESOLUTION NO. 9207 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 255 LETTING NO. 1 PROJECT NO. 90 -04 WHEREAS, cost has been determined for the improvement of McLeod Avenue and College Avenue from Main Street to Oak Street and 5th Avenue N.E. from Bluff Street to T.H. 7 East by the construction of Sanitary Sewer and Appurtenances, and the bid price for such improvement is $58,520.55, and the expenses incurred or to be incurred in the making of such improvement amount to $11,118.90 so that the total cost of the improvement will be $69,639.45. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ , and the portion of the cost to be assessed against benefitted property owners is declared to be $ 2. Assessments shall be payable in equal annual installments extending over period of 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 _ per cent per annum from the date of the adoption of the assessment resolution. 2. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 13th day of March, 1990. Mayor City Administrator 9- RESOLUTION NO. 9208 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 255 LETTING NO. 1 PROJECT NO. 90 -04 WHEREAS, by a resolution passed by the Council on the 13th day of March, 1990, the City Administrator was directed to prepare a proposed assessment of the cost of improving McLeod Avenue and College Avenue from Main Street to Oak Street and 5th Avenue N.E. from Bluff Street to T.H. 7 East by the construction of Sanitary Sewer and Appurtenances; AND WHEREAS, the City Administrator has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: I. A hearing shall be held on the 10th day of April, 1990 in the Council Chambers at City Hall at 8:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 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 Administrator, except that no interest shall be charged if the entire assessment is paid October 1st, 1990. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 13th day of March, 1990. Mayor City Administrator 11 9 -� } RESOLUTION NO. 9207 RESOLUTION DECLARING ORDERING PREPARATION ASSESSMENT LETTIi PROJECT COST TO BE ASSESSED AND OF PROPOSED ASSESSMENT ROLL NO. 255 QG NO. 1 NO. 90 -04 WHEREAS, cost has been determined for the improvement of McLeod Avenue and College Avenue from Main Street to Oak Street and 5th Avenue N.E. from Bluff Street to T.H. 7 East by the construction of Sanitary Sewer and Appurtenances, and the bid price for such improvement is $58,520.55, and the expenses incurred or to be incurred in the making of such improvement amount to $11,118.90 so that the total cost of the improvement will be $69,639.45. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $58,693.41 and the portion of the cost to be assessed against benefitted property owners is declared to be $10,946.04. The Assessment Roll total of $14,073.48 includes $3,127.44 to be credited to Project 90 -16 (T.H. 7 - Mn /DOT). 2. Assessments shall be payable in equal annual installments extending over period of 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 9 per cent per annum from the date of the adoption of the assessment resolution. 3. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 13th day of March, 1990. Mayor • ty Administrator ASSESSMENT NO. 255 LETTING NO. 1, PROJE 0. 90-04 COST PER UNIT: • $ 0.00 COMPILED B' , 6 OHM P. RODEBERG CONSTRUCTION OF SANITARY SE APPURTENANCES SERVICE LEAD: 705 Main St. No. $ 781.86 COMPUTED BY: JOHN P. RODEBERG MCLEOD AVE. 8 COLLEGE AVE. FROM MAIN ST. TO OAK ST. NUMBER YEARS SPREAD: 23 -088 -0050 10 CHECKED BY: CAL RICE d 5TH AVE. N.E. FROM BLUFF ST. TO T. H. 7 EAST UNIT USED: 02 EACH ACCT. CITY PID NUMBER LOT BLOCK ASSESSABLE SERVICE TOTAL NO. COUNTY PID NUMBER NAME A ADDRESS OF OWNER ADDITION OR SUBDIVISION NO. NO. AREA S.F. LINE COST LEAD CREDITS ASSESSMENT 01 31- 117 -29 -07 -0600 James a Constance Lindemeyer 705 Main St. No. Lot 5 EX T.H. N15, 23 -088 -0050 Hutchinson, MN 55350 College Add. 1 1 S 781.86 02 31- 117 -29 -07 -0610 Keith d Teresa Wagner 31 College Ave. W66' of Lots 6 A 7, 23-088 -0060 Hutchinson, MN 55350 Collge Add. 1 1 $ 781.86 03 31- 117 -29 -07 -0620 Martha 8 Kenneth Anderson 47 College Ave. Lots 6 6 7 EX W66 23- 088 -0070 Hutchinson, MN 55350 College Add. 1 1 $ 781.86 04 31 117-29 -07 -0670 Dennis d Mary Forsberg 29 McLeod Ave. W 1/2 Lots 6 A 7, 23-088 -0120 Hutchinson, MN 55350 College Add. 2 1 $ 781.86 05 31- 117 -29 -07 -0680 Olga Musil 47 McLeod Ave. E 1/2 Lots 6 A 7, 23- 088 -0130 Hutchinson, MN 55350 College Add. 2 1 $ 781.86 06 31- 117 -29 -07 -0710 Vincent A Marion Forcier 646 Oak St. 23 -088 -0160 Hutchinson, MN 55350 College Add. 10 2 1 $ 781.86 07 31- 117 -29 -10 -0340 Helen Lickfett 545 Main St. No., N66' of Lot 3, Aud. Subd. 23- 063-0060 Hutchinson, MN 55350 Blk. 5, N 1/2 City 5 1 S 781.86 08 31 -117- 29-09-0400 June Redman (90 -16) 255 Hwy. 7 East Lot 1 EX W55' A EX R/W of 23- 056 -0130 Hutchinson, MN 55350 M W RY, N 1/2 City 3 1 * S 781.86 09 31- 117 -29 -09 -0410 June Redman (90 -16) 255 Hwy. 7 East W55' of Lot 1 N of Road EX 23-056 -0120 Hutchinson, MN 55350 RR, N 1/2 City 3 1 • $ 781.86 ASSESSMENT NO. 255 LETTING NO. 1, PROJECO. 90 -04 COST PER UNIT: • f 0.00 COMPILED BY�HN P. RODEBERG CONSTRUCTION OF SANITARY SEW APPURTENANCES SERVICE LEAD: f 781.86 COMPUTED BY: JOHN P. RODEBERG MCLEOD AVE. 8 COLLEGE AVE. FROM MAIN ST. TO OAK ST. NUMBER YEARS SPREAD: 10 CHECKED BY: CAL RICE d 5TH AVE. N.E. FROM BLUFF ST. TO T. H. 7 EAST UNIT USED: EACH ACCT. CITY PID NUMBER LOT BLOCK ASSESSABLE SERVICE TOTAL NO. COUNTY PID NUMBER NAME & ADDRESS OF OWNER ADDITION OR SUBDIVISION NO. NO. AREA S.F. LINE COST LEAD CREDITS ASSESSMENT 10 31- 117 -29 -09 -0420 Harold & Ruth Rusch (90 -16) 251-5th Ave. N.E. E52' of 5238' of Lot 2, 23- 056 -0410 Hutchinson, MN 55350 N 1/2 City 3 1 ' f 781.86 11 31- 117 -29 -09 -0430 Leonard & Mabel Frederickson (90-16) 245 -5th Ave. N.E. W91.51' of 5333.8' of Lot 2, 23- 056 -0150 Hutchinson, MN 55350 N 112 City 3 1 ' f 781.86 12 31- 117 -29- 09-0630 Irvin & Minnie Amundson 209 -5th Ave. N.E. W66' of Lot 8, 23- 056 -0270 Hutchinson, MN 55350 N 112 City 3 1 f 781.86 13 31- 117 -29- 09-0640 Lowell Otto E77.5' of 5132' of Lot 8 & Rt. 1, Box 281 W11.75' of 5132' of Lot 9, 23- 056 -0290 Silver Lake, MN 55381 N 112 City 3 1 f 781.86 14 31- 117 -29 -09 -0670 H. & Minna Schenk 221-5th Ave. N.E. E60' of 5132' of W 112 of Lot 23 -056 -0320 Hutchinson, MN 55350 9, N 112 City 3 1 f 781.86 15 31- 117 -29 -09 -0680 Allen & Barbara Davidson 229-5th Ave. N.E. E 1/2 Lot 9 & W 1 Rod of 10, 23- 056 -0330 Hutchinson, MN 55350 N 112 City 3 1 f 781.86 16 31- 117 -29 -09 -0690 Peter & Linda Merkins 237 -5th Ave. N.E. Lot 10 EX W 1 Rod, 23-056 -0340 Hutchinson, MN 55350 N 1/2 City 3 1 f 781.86 17 31- 117 -29 -09 -1100 Norman & Eva Bowen 218 -5th Ave. N.E. N132' x 132' of Lot 5, 23- 056 -1810 Hutchinson, MN 55350 N 112 City 15 1 f 781.86 18 31 -117- 29-09 -1120 Robert E. & Shirley Bowen 216 -5th Ave. N.E. Lot 5 EX N132' of E132' & EX 23 -056 -1800 Hutchinson, MN 55350 Hwy., N 112 City 15 1 f 781.86 TOTAL PROJECT NO. 90-04 ------------------------------------ ..-___. -------------------------------------------- ..__..________..___- f 10,946.04 TOTAL - PROJECT NO. 90 -16 S.P. 4302 - 37/4302 -41 ___________________________________________ __ __________________ __ _ _ _ _ __ : S 3,127.44 TOTALASSESSMENT ROLL NO. 255 -_.._.._.._ .............._.......______.._____..___.._____.------- _........_...._.._...._ ......--- ..____.._______- ______ f 14,073.48 RESOLUTION NO. 9209 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 3 PROJECT NO. 90 -09, 90 -10, 90 -11, 90 -12 WHEREAS, pursuant to a resolution adopted by the Council on December 28th, 1989, John P. Rodeberg, Director of Engineering has prepared plans and specifications for the improvement of: Project No. 90 -09 South Grade Road from Dale Street to School Site by the Construction of Grading, Gravel Base, Curb and Gutter, Sidewalks, Surfacing and Appurtenances; Project No. 90 -10 Dale Street from South Grade Road to 400' North of Linden Avenue by the Construction of Grading, Gravel Base, Curb and Gutter, Storm Sewer, Sidewalks, Surfacing and Appurtenances; Project No. 90 -11 Goebel Street, Graham Street, Larson Street, Ray Street North of Goebel Street and 8th Avenue S.W. from Dale Street to 150' West of Graham Street, all in Wagner Development Corporation Plat, by the Construction of Curb and Gutter, Bituminous Base, and Appurtenances; Project No. 90 -12 Graham Street in Stillings -Hoeft Addition by the Construction of Curb and Gutter, Bituminous Base, and Appurtenances; and has presented such plans and specifications to the Council for approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, . MINNESOTA: I. Such specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Administrator shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvement under such approved specifications. The advertisement shall be Published for three weeks; shall specify the work to be done; shall state that bids will be publicly opened at 2:00 P.M. on April 24th, 1990, in the Council Chambers of the City Hall, Hutchinson, Minnesota by the City Administrator and Engineer; will then be tabulated; and will be considered by the Council at the regularly scheduled Council Meeting on June 12th, 1990 at 8:00 P.M., in the Council Chambers of the City Hall, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Administrator and accompanied by a cashier's check, bid bond or certified check payable to the City of Hutchinson for 10 per cent of the amount of such bid. Adopted by the Council this 13th day of March, 1990. Mayor City Administrator � I REGUL COUN MEETING MARCH 13, 1990 4A TER & SEWER FUND P.E.R.A. employer contribution $383.47 *Withhold Tax Acct employer contribution 656.07 Aagard West recycling service 866.30 Albrecht Oil kerosene 24.30 American Payment Center 3 months rent 63.00 Ashbrook -Simon filter 121.59 Brandon Tire repair 18.79 Central Garage Jan repairs 498.83 City of Hutch Self Ins Fund medical -March 2,566.13 City of Hutch Self Ins Fund dental -March 337.81 Coast to Coast supplies 203.64 Commission•:.�r of Revenue sales tax 1,193.88 County Market water 27.99 Curtin Matheson supplies 135.95 Donohue prof services 990.58 Ed Davis Business Mach supplies (104.62) Fadden Pump filter assembly 83.77 Family Rexall supplies 30.29 Farm & Home supplies 5.09 Filter Store Plus filter 91.25 First Trust payment fees 699.00 Floor Care cleaners 52.59 G & K uniforms 198.84 Gopher State One Call Feb service 65.00 Greenbriar Floral plant - Meece 15.00 •[utch Telephone telephone 271.40 Hutch W;iolesale spark plugs 6.48 Hutch Fire & Safety inspections 32.50 Hutch Utilities electricity 16,939.72 Hutch Cenex fuel 191.13 J,hn Henry Foster pump 495.00 Junker Feb refuse service 41,126.40 League of MN Cities 4th qtr workmen's comp 1,264.53 MN Valley Testing testing 80.00 MN Mutual Life life ins -March 49.98 Mueller Sales supplies 17.15 Mutual Benefit Life LTD Ins -March 117.96 NCSPv'WA reg fee- S.Hanson 65.00 P & L Mechanical appl #6 19,834.10 Pellinen, Willard prof services 100.00 Quaie Electric repairs 523.35 RCM prof service 84.16 State Treasurer appl fee - G.Lanz 15.00 Tri County Water salt 8.60 U.S. Postmaster meter postage 356.09 UBC lumber 74.80 United Laboratories solvent 167.36 VWR Scientific kit 319.92 Water Products reader 343.40 urn supplies 39.99 TOTAL $91,748.56 11- 2 CE NTRAL GARAGE � P.E.R.A. *Withhold Tax Acct Brandon Tire Carquest Auto City of Hutch Self Ci.ty of Hutch Self Coast to Coast Farm & Home Harpel Bros Butch Wholesale Johnson Motor Co. MacQueen Equip MacQueen Equip MN Mutual Life Mutual Benefit Life Plowmans Road Machinery Rosedale Chevrolet Snap On Tools Town & Country Tire Town & Country Tire U.S. Postmaster Wigen Motor r1 L_J GENERAL FUND Ins Fund Ins Fund Ins *U.S. Postmaster *Withhold Tax Acct *DNR *MN Dept of Transportation *P.E.R.A. *Little Six Bingo *Cragun's Conference Center 1989 Ed Davis Business Machines Olson's Locksmith Town & Country Tire P.E.R.A. 1990 Albrecht Oil Allen Office Allied Mechanical Amil�m Welding erican Red Cross McLeod Chap AmeriData employer contribution 51.99 employer contribution 88.79 repairs 675.92 supplies 768.85 medical -March 307.67 dental- 14arch 43.79 outlets 7.18 supplies 51.24 repair 457.10 supplies 627.51 lamp assy 17.70 part 32.38 ;weeper clinic 15.00 life ins -March 6.30 LTD - Parch 14.15 repairs 18.70 repair 1,277.18 part 30.69 tools 95.10 alignment 33.95 alignments 126.90 meter postage 4.25 parts 92.80 TOTAL $4,845.14 newsletter postagr.e 174.56 employer contribution 4,109.91 registration fees 145.00 state aid manual 17.50 employer contribution 4,634.19 46 tickets 552.00 B.C.A. reg- Kitchen & Antiqua 160.00 bindings 35.20 de, 51.50 repairs 63.84 police state aid 8,219.20 fuel & kerosene 149.89 supplies 90.13 repairs 272.06 rent & oxy 33.95 swimming tapes 171.00 IBM equipment 7,828.00 3 Amoco oil fuel & acct fee 82.00 Antigua, Michael drug enforcement 90.00 Sign Co. materials 84.07 S emidji ennett Office service contracts 133.98 Berger Plumbing faucet & labor 72.16 Bernhage.i, John March ccnp 1,960.00 Big Bear parts 22.46 Brir?.r ans film 70.60 Bureau of Business Practice subscription r enewal 65.88 Camera Shop fi];� 2.60 Carquest Auto supplies 901.40 Cash Wise supplies & coffee 154.96 Central Garage Jan repairs 8,832.23 Chamber of Commerce office & equip rent 386.59 Chapin Publishing pub project 90 -04 61.75 City of Hutch Self Ins Fund dental - March 2,785.93 City of Hutch Self Ins Fund medical - March 19,494.62 Classic Moving System move J.Rodeberg 2,680.52 Coast to Coast supplies 157.57 Coast to Coast supplies 55.02 Coca Cola equip rent 20.00 Copy Equipment supplies 225.29 Country Kitchen prisoner meal 3.71 County Treasurer DL fees 93.00 County Treasurer parcel names 100.75 County Market groceries 13.25 County Recorder recording & ord. 50.00 River Vet Clinic K -9 & boarding 147.29 � Crow ulligan salt & service 78.90 Davis desk stand 12.50 DNR registration fees 102.00 Earl F. Anderson posts 1,652.70 Echo Industrial chemicals 100.98 Ed Davis Business Machines copies & repair 152.50 Electric Motor motor 30.50 Ericksons More 4 groceries 23.91 Family Rexall supplies 68.53 ''amily Rexall supplies 21.62 ''arm & Home supplies 191.59 Farmers Elevator chemicals 761.25 Federal Licensing FCC rules ;0.00 Feed Rite demurrage 25.00 FIAM dues- G.Field 5.00 Field, George conference 125.80 Fitzloff Hdwe supplies 110.77 Fitzloff Hardware parts 32.20 Floor Care supplies :00.45 Forbes Auto flasher 2.49 G & K uniforms 480.12 Game Time assy 272.53 Gray, Jean logis meeting 30.31 Greenbriar Floral plant - Rodeberg 12.00 Greenbriar Floral flowers ball 30.00 •;uardian Pest Control Feb service 17.50 Hager Jewelry name plate 7.30 4 HCI desk mount, disks 314.84 x;10 cable franchise 750.00 W. CVN enry's Candy coffee & towels 97.77 Higginbotham, Ruth refund Little 6 Bingo 18.00 Home Bakery rolls 12.20 Hutch Conv & Visitor Bureau Jan lodging tar. 1,309.47 Hutch Cenex gasoline 2,261.72 Hutch Fire & Safety inspection & tanks 169.70 Ilutch Iron & Metal iron 91.13 Hutch Telephone telephone 3,700.71 Hutch Leader pub, hutchmobile 552.73 Hutch Com Hospital laundry 8.10 Hutch Tech College Word Perfect Class 190.00 Hutch W:olesale parts 150.69 Hutchin3on Utilities electricity 4,118.82 Ink Spots envelopes, printing 152.70 Jayco Aviation aviation fuel 8,763.20 Jer.abaek Machine parts 13.92 Joe's Sport Shop plates 15.00 Karg, Larry conference 310.44 Kitchenmaster, Mark drug enforcement 280.00 L & P Supply blowr vac 169.95 Lakes Gas fuel 213.15 Law Enforcement Equip name bars 51.00 League of MN Cities :th qtr wor.men's comp 37,424.97 MacQueen Equip sweeper clinic 15.00 Mankato Mobile Radio batteries & mic 136.75 arco markers 31.86 cGarvey Coffee filters 54.90 McGuires Inn reservation- M.Haugen 45.00 McLeod Coop Power electricity 1,051.50 Metafile software 485.00 MN Spc;rt3 Federation tournament fees 70.00 MN Mutual Life life ins - March 390.18 MN Dept of Transportation renewal 60.00 MN Eleva,:or Feb service 55.70 MN Assoc of Cemetery Officials 1990 dues 130.00 MN County Attorney Assc Juvenile Code Book 10.00 Poon, Dolf meetings 21.85 MPCA permit fee 140.00 Mutual Benefit Life Ins LTD -March 997.51 Party Place leis 17.15 Performance Comp Forms paper 358.45 Peterson, Jean refund Plymouth Place 36.00 Pitney Bowes maintenance contract 203.00 Plaza Hdwe supplies 104.63 Plotz, Gary meeting 42.64 Plowmans car rental 255.90 Popp's Electrical repair 281.17 Quade Electric parts 91.13 R & R Specialties supplies 128.55 Secretarian service- B.Lamp 247.50 10 ewing Basket name tags 35.00 harstrom Plumbing repair 94.40 Sheep Shedde 48 buffet 316.80 5 Sid's Foods Sporty's Shop W . Paul Red Cross t tar Cablevision Templeton Ticket Craft Tri County Water Two Way Com U of M U.S. Postmaster UBC Uniforms Unlimited Up & Away Balloons US We,t Van Meter & Assoc Victorian Inn Viking Signs Wendlandt Tree Service Wesley's Pharmacy Xerox • deli, fruit 64.62 chart 3.00 reg- M.Haugen 80.00 cable service 4.05 employer contribution 182.13 tickets 117.55 salt 20.50 repair 47.00 shade tree course 144.00 meter postage 642.66 lumber 64.05 uniforms 1,237.90 balloons 50.00 March service 98.54 tuition fee 80.00 meeting 30.31 bench letters 75.00 tree removal 350.00 film 2.29 contract payment 329.80 TOTAL $141,406.25 • e BOND FUND OU TH CENTER ERA Withholding Tax Account Mutual Life Ins. City of Hutchinson Ins. City of Hutchinson Ins. Thomas Dolder Hutchinson Utilities Star Cablevision Northland Beverages Simonson Lbr. Jude Candy Co. Frito Lay Inc. Mutual Benefit Life Ins employers contribution employers contribution March life ins. Fund March medical ins Fund March Dental ins. March rental electricity March service supplies & lease supplies supplies supplies LTD -March TOTAL BURN MANOR CONST.FUND CBI A & B Electric Inc Lundeen Floor Covering Maki Painting Patch Erickson Madson Watten Inc O ONDS OF 1985 First Trust Bank 1985 TAX ? NC DEBT SERVICE First Trust Bank 1989 BONDS D EBT SERVICE American National Bank 1982 TAX INC.DEBT SERVICE National City Bk of Mpls. 36.56 62.42 5.04 137.48 15.64 2200.00 216.95 23.30 128.63 4.75 41.00 52.18 11.66 $?,935.83 mattresses 1050.00 remodeling 7216.00 9 rooms remodeling 6466.77 12 rooms remodeling 7800.00 professional fees 2220.00 TOTAL $24,752.77 payment fees `701.75 payment fees 699.00 fees & expenses 311.25 bond principal, interest, fee 15609.35 7 LIQUOR STORE FUND Withhold tax acct. ity of Hutchinson qWERA City of Hutchinson Withhold Tax ACCT. A.H.Hermel Candy Co. Popps Electric Kandi Ice Hutchinson Telephone Coast to Coast Ameri Star Lighting American Linen Supply Co. Cty of Hutchinson Friendly Bev. CO. Northland Beverage }enrys Candy Co. Coca Cola Bottling Bernicks Pepsi Cola Lenneman Beverages Locher Bros. Triple G Dist. Ed Phillips & sons Quality Wine & Spirits Criggs Cooper & Co. employer contribution payroll employer contribution payroll employer contribution supplies repairs ice phone service supplies supplies towel service employee ins. supplies mix supplies mix mix beer & mix beer & mix beer & mix liquor liquor & wine liquor 308.06 4240.01 178.19 4226.89 312.17 26.50 107.54 132.50 75.32 19.84 138.93 21.20 &workmen comp 1525.08 535.10 142.85 1267.22 196.54 25.20 15162.50 11391.65 9618.75 200.53 177.56 226.17 TOTAL $50,256.30 u FOR YOUR INFORMATION o tc� lei 1 S�GL \Y C S� N &Y (612) 587 -5151 ff ITY OF HUTCHINSON WASHING TON AVENUE WEST HINSON, MINN. 55350 March 5th, 1990 Keith Voss Mn /DOT - District 8 P.O. Boa 768 2505 Transporation Road Willmar, MN 56201 RE: Main Street Signing /Striping Improvements Trunk Highways 15 and 22 Hutchinson, MN Dear Keith: FAR YOUR 1 NRORMAT1ON Thank you for attending the Hutchinson City Council Meeting on February 26th. We appreciate your help in developing a safer Main Street, that still serves the public as a Trunk Highway. The City has several concerns which should be addressed: I. As noted to you earlier, a Shopko Store is proposed to be developed on the east side of Main Street, between 2nd Ave. N. and Washington Avenue. The Initial phase is a 71,000 S.F. Shopko Store with approximately 400 parking stalls proposed to open in the Fall of 1992. A future phase of 47,000 S.F. of attached shops is possible, with an additional 250 parking stalls. The main entrance is proposed to be at 1st Ave. N. Although Mn /DOT earlier said that a traffic signal is not warranted at this location, we believe this development requires improved signalization. This stretch of Main Street is one of the heaviest traveled roadways in the District, which also makes it extremely attractive for commercial development. The redevelopment of this area is one of the City's top priorities. We hope that Mn /DOT will work with us to provide a safe and proper access for this development. We are requesting that Mn /DOT construct a traffic signal at this location. 2. Both the City Council and the Downtown Development Community have requested that Mn /DOT review the type of accidents to clarify their cause. Although most people agree that the restriping plan with one through lane and designated turn lanes is apparently the most preferable configuration for traffic control, we request that Mn /DOT review the accident reports to determine if the proposal will affectively reduce the potential for these types of accidents. 3. We would also like Mn /DOT to review how the striping will be constructed and maintained so as not to cause confusion with the concrete panels, which now act as lane divisions. Keith Voss Mn /DOT - District 8 March 5th, 1990 Page 2 4. Due to the limited parking available downtown, we request that the right -of -way lanes be evaluated to see if the length and /or taper of the lanes can be designed to limit the number of parking stalls lost. 5. Mn /DOT has previously not thoroughly dealt with the pedestrian situation in the downtown area. Although we understand it is a volatile item, it is clear that this is an item that Mn /DOT, as well as the City, must consider in its proposed traffic control improvement. Pedestrian traffic is the lifeblood of downtown development, and must be an integral part of any downtown improvement. We request that Mn /DOT design the traffic control improvements to provide for proper and safe pedestrian crossings. The City appreciates your consideration, and will provide assistance in obtaining the information required to deal with these items. Sincerely yours, C J cc: Mayor and City Council Gary D. Plotz, City Administrator Kay Johnson, Downtown Coordinator John Bernhagen, Community Development Steve Madsen, Chief of Police 0 JPF /pv attachment i IV Ian o Iao aoo 3CALE FM SEtoND ,Ave NvE N w r! i I i It "I MJ N1/J5^LI M ALTERNATE N0. 2 AvE�E Nw BUILDING AREA I u®,000 S, F. PARKING:+v5O STALLS Lib(, RATIO :.S 5 STALLS/ 1000 S.F. APPROXIMATE ACREAGE II.3 7 i l V ACE' 1 �- - -.__ -. - -I r, m 4 I u UI � Il W�yi -� A�7L 1 8 FOR YOUR INFORMAT101V ' - -- Lf ua� Sz�oeF C'ompweuc,J Ffc,.,. la Faecn 1990 '.1 le -_ _. .: T }A l- W //.} �)IISC. _ _TC fwL T�faL { 90 �IisFf ,za LUF t _� ' 1- ' I __• e z - rl . I 4+9z _ lIE3_ :� 9 I �l. 1 I � i _ I + I 3 I " I- I I IJ - >ba5� .'. 67 i Y T . j 6.13g _�J5ka'�._ f 77— � .i_ _ � nJt= Z39,_. IllBpf . -!_. :Q i T - -I -� ���• 7•J4 I ,_ + . I :__.�_ Q Q.B� /L9ob - IZc7� f 1 7 A. - . - ---1- -I- Y._�. +L. -., _ I_a _.__ I.'il• 1 j ..� ! - - .1,739I_ _Z9/` -A'!_ __. d_w51 f10... _�_ _._ I ` fl� 17 ll3io,_ I lL I I . s .: I .__.. -.r ) - _ j l + ... a y y .7 77q9 2381_ 2 - n,. I A D - 1 CA Z 1 k i. a... l 1 E l i ti I I I I 2/28/90 C i +y 0� l ASSETS UTILITY PLANT - AT COST LAND .& LAND RIGHTS DEFRECIAPLE 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 6 ACCOUNTS FUTURE EXPANSION & DEVELOPMENT RESERVE FOR FUEL. OIL MEDICAL INSURANCE ITA - OPERATING & MAINT RESERVE INSURANCE LOSS CONTRIBUTION - CITY OF HUTCHINSON _ BOND & INTEREST PAYMENT 1986 1986 BOND RESERVE CATASTROPHIC FAILURE FUND FEDERAL INTERPRETATION,.._ CONTRIBUTION - CITY OF HUTCHINSON MAIN REPLACEMENT FUND TOTAL RESTRICTED FUNDS & ACCOUNTS CURRENT & ACCRUED ASSETS CASH IN BANK INVESTMENTS & SAVINGS ACCOUNTS ACCOUNTS RECEIVABLE INVENTORIES PREPAID INSURANCE ACCRUED INTEREST RECEIVABLE TREASURY BILL DISCOUNT TOTAL CURRENT & ACCRUED ASSETS DEFERRED CHARGE _ BOND DISCOUNT 1986 TOTAL DEFERRED CHARGE TOTAL ASSETS HUTCHINSON UTOES COMMISSION HUTCHINSON, MINNES07A BALANCE SHEET JANUARY 31, 1990 w w w ELECTRIC w +( w - w w w k w GAS • w w w w PAGE 1 0 FOR YOUR INFORMATION TOTAL w w w w 770,754.68 13,978.10 784,732.78 21,013,596.86 2,568,923.23 24,382,520.09 22,564,.351.54 2,582,901.33 _ 25,167,252.87 (11,780,491.15) (1,059 (12,840,306.53) (11,780,491,15) (11059,815.38) (12,840,306.53) 751,249.70 8,957.46 760,207.16 751,249.70 B, 957.46 760,207.16 11,555,110.09 1,532,043.41 _ _ _ 13,087,153.50 2,800,000.00 1,210,000.00 _ _. _. 4,010,000.00 750.000.00 .00 750.000.00 .. .. 60,000.00 40,000.00 1001000.00 200.000.00 _ _ _.. _ _ ..00 .... _ _.. _ __ 200.000.00.._ 300,000.00 .00 300,000.00 27,500.00 .00 27,500.00 115,517.26 .00 - _. 115,517.26 392, 000.00 00 392, 000.00 750,000.00 .00 750,000.00 .00 _ _. _ _ _ 623,668.60 .._. _ .623,668.60 - _. . .00 18,330.00 18,330.00 .00 1,0001000.00 1,000,000.00 5,395,017.26 2 _ _ _ 8,207,015.86_. _ 594,936.36 _ 619,933.57_ _ 1,214,869.93 513,697.59 315,543.26 832,240.85 1,068,221.67 575,483.52 1,643,705.19 450,146.17 48,070.25_ 498,216.42 44,875.84 12,300.30 57.176.14 161,849.42 30,780.15 192,625.57 (47,476.40) (17,950.64) (65,427.24) 2,786,249.65 1,587,160.21 4,373,409.86 72, 999.95 -� .00 _- _ 72, 999.95 72,999.95 .00 72,999.95 19,809,376.95 6,011,202.22 25,820,579.17 2/2E!90 HUTCHINSON UTTLITIES COMMISSION HUTCHTNCON, MINNESOTA BALANCE SHEET JANUARY 31, 3.990 + • * ELECTRIC . . . . . . . . GAS MUNICIPAL EQUITY 6 LIABILITIES MUiNICIPAL EQUITY MUNICIPAL EQUITY UNAPF'R'OPRIATED RETAINED EARNINGS TOTAL MUNICIPAL EQUITY LONG TERM LIABILITIES -NET OF CL•RRENT MATURITIES 1986 BONDS TUTAL LONG 'PERM LIABILITIES CONSTR CONTRACTS 6 ACCTS PAY RETAIN ACCRUED EXPENSES - RFIAINAGE TOTAL CONSTRUCTION d 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 d ACCRUED LIABILITIES TOTAL CURRENT 8 ACCRUED LIAB TOTAL MUNICIPAL EQUITY 6 LIAR 35,737,121.39 244,889.93 15,962,011.32 3,085,000.00 3,085,000.00 1,500.00 1,500.00 3,681.35 553,174.54 31,439.43 (34,192.47) 50,4 ^_6.59 4 ^_,167.92 94,146.25 22.02 740,865.63 19,609,376.95 5,274,297.87 191,986.97 5,466.284.64 21,011,419.26 436,876.50 21,448,296.16 00 31085,000.00 .00 3,085,000.00 00 1,500.00 .00 1,500.00 .00 522,001.40 .00 (.00) 10,629.44 12,084.54 .00 2.00 544,917.39 6,011,202.22 3, 6B1.35 1,075,175.94 31,439.43 (34,192.47) 61,256.03 54,252.46 94,146.25 24.02 1,285,783.01 25,820,579.17 m PAGE_ 2 . . . . TOTAL . . . . • 0 is . 3/03./90 ELECTRIC DIVISION 'NCOME. STATEMENT OPERATING REVENUE SALES - ELECTRIC ENERGY NF_7 INCOME FROM OTHER SOURCES SECURITY LIGHTS POLE RENTAL TOTAL OPERATING REVENUE OPERATING EXPENSES PRODUCTION OPERATION PRODUCTION MAINTENANCE PURCHASED POWER TRANSMISSION OPERATION TRANSMISSION MAINTENANCE DISTRIBUTION OPERATION DISTRIBUTION MAINTENANCE _ CUSTOMER EXPENSES CUSTOMER SERVICES ADMINISTRATIVE 6 GENERAL EXPENSES DEPRECIATION TOTAL OPERATING EXPENSES OPERATING INCOME OTHER INCOME AND DEDUCTIONS OTHER - NET INTEREST INCOME MISC INCOME /EXPENSE INTEREST EXPENSE TOTAL OTHER INCOME AND DEDUCTIONS NET INCOME HUT CIiTNSON UTI S COMMISSION HUTCHINSO INNESO'fA STATEMENT OF INCOME 6 EXPENSES JANUARY 31, 1.990 PREVIOUS CURRENT BUDGETED YEAR TO DATE YEAR TO DATE YEAR TO DATE PAGE i FOR YOUR INFORMATMAN BUDGET ANNUAL DEVIATION BUDGET 751,439.71 842,755.46 770,133.20 72,622_26 9,361,665.00 1,660.37 3,243.58 1,595.75 1,647.83 22,100.00 1,065.50 1,123.00 11200.00 (77.00) 15,000.00 .00 1,916.25 .00 1,916.25 4,000.00 754,165.58 649,030.29 772,928.95 76,109.34 9,402,765.00 37,562.46 50,283.75 41,304.78 (8,978.97) 921,240.00 1,726.43 1,031.16 390.37 (640.79) 74,212.00 430,026.58 433,918.25 418,504.48 (15,413.77) 4,936,277.00 77.75 .00 .00 .00 1,600.00 6,960.43 .00 .00 .00 11,000.00 15.177.41 22,678.50 16,913.99 (5,764.51) 161,753.00 9,270.69 5,257.61 9,433.85 4,176.24 105,360.00 5,402.21 5,836.45 5,512.44 - (324.01) 77,179.80 741.22 918.36 812.83 (105.53) 10,160.40 59,887.61 48,987.44 49,810.83 823.39 617,109.25 ( 81,500.00 56,100.00 78,560.00 22,460.00 962,000.00 648,332.79 625,011.52 621,243.57 (3,767.95) 7,897,891.45 105,832.79 224,026.77 _ 151,685.38 72,341.39 1,504,873.55 403.36 (796.94) 60.00 (856.94) 3,600.00 31,471.45 36,660.10 20,930.00 15,730.10 523,250.00 .00 .00 .00 .00 4,500.00 15,000.00 15,000.00 12,352.96 (2,647.04) 160,162.00 16,874.81 20,863.16 8,637.04 12, 226.12 371,ieB.00 t 122,707.60 244,089.93 160,322.42 84,567.51 1,876,061.55 l 3/01/90 GAS DIVISION INCOIF 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 HUTCHINSON UTILITIES COMMISSION HUTCHINSON, MINNESOTA STATEMENT OF INCOME 8 EXPENSES JANUARY 31, 1990 PREVIOUS CURRENT BUDGETED YEAR TO DATE YEAR TO DATE YEAR TO DATE PAGE 2 BUDGET ANNUAL DEVIATION BUDGET i 610,687.33 711,813.48 653,750.00 58,063.48 4,400,000.00 1,054.9i 1,712.38 1,071.00 641.38 11,900.00 611,742.24 713,525.86 654,821.00 :58,704.86 4,411,900.00 314.98 420.84 _ 255.00 _ (165.84) 2,800.00 .00 .00 .00 .00 13,000.00 444,730.06 484,791.96 468,000.00 (16,791.96) 31600 15,422.54 22,008.80 14,578.66 (7,430.14) 174,709.00 1,482.68 2,879.28 1,399.76 (1,479.52) 32,270.00 3,603.66 3,890.98 3,625.42 (265.56) 51,453.20 C 494.15 612.24 _ 541.59. _ (70.35) 6,773.60 19,832.24 20.169.41 20,339.09 169.68 243,075.75 7,100.00 7,600.00 7,136.00 (464.00) 89,200.00 492,980.31 542,373.51,..,. ,.515,875.82 (26,497.69) 4,213,281.55 118,761.93 171,152.35 138,945.18 32,207.17 198,618.45 2.09 183.84 324.00 (140.16) 2,400.00 20,572.70 20,650.70 928.28 281,750.00 343.95 .00 .00 .00 3,000.00 20,918.74 20,834.62 20,046.50 788.12 287,150.00 139,680.67 191,986.97 158,991.68 32,995.29 485,768.45 0 • • CROW RIVER ARTS GUILD ADVISORY BOARD MINUTES - TUESDAY, FEB. 6, 1990 7:00 p.m. PROGRAM COMMITTEE Present: M. Koh s, Emanue Albrecht, B. Hubin, D. Moon, L. Dressen,LBlac Agenda: Art Center- classes, workshop, private lessons, art talks Community Outreach - Premiere Arts Festival(December), Art Talks, Feature Artists Booth -Arts and Crafts Festival Cooperative- Library Square Art Show(February), Future: Music in the Parlor, Park & Recreation, Community Education, Hutchinson School District, Concert Association (7) 6:30 p.m. FACILITY COMMITTEE Present: D. Bateman, Jim Haugen, M. Kohls, R. Wilde, Linda Poirier Agenda: Discuss all facility sites considered. Do Analysis on 3 with most possibilites. (see attachments) ADVISORY BOARD 7 :30 p.m. Present: Those named above,plus MaryBeth Rupp, J. Young Agenda: Review committee reports MSP -Linda P. /D. Moon: Make an official recommendation to the Crow River Arts Guild Board to select the Spencer Building site for a 6 month lease for $666/mo. Action: J. Young is to call Mayor Ackland to have the selected building open for a tour to CRAG board on Wednesday, February 7, at 4 :00 p.m. Action: Table Chairman and Secretary of Advisory Board Next meeting: Thursday, February 22, 1990 at Spencer Building if available, or other ternate location will be in the office area of the,Park and Recreation BLDG. Submitted by J. Young 9 CROW RIVER ART CENTER ADVISORY BOARD MINUTES - THURSDAY, FEBRUARY 22, 1990 The the meeting of CRAG Advisory Board opened at 7:00 p.m. at the Hutchinson Park and Recreation office. Introductions were given and a welcome to new Board member Harold Streseman of Stewart, Minnesota. The lease arrangement with the Odd Fellow was reviewed. Pa pers are being drawn up for $625.00 per month with occupancy to be in March. Robert Wilde was selected as Chairman of the Advisory Board. Daryl Bateman will be Assistant Chairman. Joyce Young will serve as Secretary. Update items: 1) a desk will be donated by Citizens Bank to CRACenter in March. 2) Jim Marka and George Field inspected the Center Building. We are to be aware of Assembly building use: capacity 50 people will keep the building at B2 occupancy permit, providing use is not changed nor major remodeling would be done. Rated corridor not applicable for CRAG use. Mainstreet remodeling grant project depends on building use also. Space for studi a.) East and West studios were considered with two 16 X 8 areas b.) Conference or practice rooms discussed were 10 X 14 for three c.) one large studio /conference /practice room was selected at approximately 36 X 18 for the present time to be observed for use and activities before dividing. Jim Haugen led discus. A workday was scheduled by Saturday, March 3 to begin work on the following areas: blueprints, review with building inspector, clean up floor, move door, clean bathroom, clean basement, check electrical (contact electrician), taping walls, clean front windows, choose colors, get sign plan for storefront, etc. Mary Anne Kohls gave information on Programming. A Children's Theater will be offered this summer in cooperation with Community Education and Park and Recreation. Classes and Workshops will be offered through the Park and Rec. brochure - deadline March 28. A "Back to school" class was suggested. Some activities will be scheduled before remodeling is completed if they won't interfere with work. An opening date is tentatively set for a date around Easter. Monday night meetings for groups such as: visual arts, performing arts, literary and theater arts may have monthly revolving dates. A telephone will be installed as soon as possible. The new number proposed is: 587 -08 Other equipment is pending- contact Young. Treasurer Trisha Field will be working with the City to set regulations for payments, disbursements,legal questions, etc. Harold Streseman will look at information received from Hutch Computors and offer suggestions on the letter. Robert Wilde will work on the storefront sign. Mary Beth Rupp will glean possible grants available for CRAC projects. Members of the Advisory Board are requested to show support for the Art Center by joining the CRAG at $10.00 which may be mailed to Box 282, Hutchinson, Mn. 55350. Present were :Moon, Bateman, Streseman, Kohls, Poirier, Rupp, Haugen, Heaton, Hubin, and Young. . Next meeting is set for Tuesday, March 13, 1990 at 7 :00p.m. at the Crow River Art Center, 146 Main Street South. Respectfully submitted, Joyce Young, Secretary HCDC Board of Directors Wednesday, February 7, 1990, 7:00 am • Hutchinson Public School Central Office MINUTES DIRECTORS PRESENT OTHERS PRESENT Glenn Matejka, Chairman John Bernhagen, Exec. Dir. Jim Bullard Gary Hoffman, Chamber f Jsident Carol Haukos John Mlinar Don Erickson Phil Graves Keith Weber Meeting was called to order by Chairman Matejka. Motion by Weber, seconded by Erickson, and carried to approve the Minutes of January 3, 1990. Motion by Haukos, seconded by Mlinar, and carried to approve the Treasurer's report. Chairman Matejka reported on the results of the Performance Review of Executive Director John Bernhagen. (Fee attached 1989 Performance Appraisal) The board members thanked Mr. Bernhagen for his efforts and commended him on his performance. Mr. Bernhagen gave suggestions on ways to increase committee activity noting the committee assignments for the 1990 Work Plan. There has been increased communication with the City Council, and this will continue with additional meetings. A new for.nat is being used this year for the Work Plan in that each objective has E. status report provision to keep the board informed regarding progress of the various objectives. Matejka brought up the compensatr'n for the Executive Secretary. Motion by Winar, seconded by Eullard and carried to give the Executive Director a cost of living and merit increa: a of 5 %. This increase is to equal the amount budgeted for 1990 and is retroactive to January 1, 1990. The board determined to have a quarterly meeting of the entire membership on Thursday, March 15, 1990 at 5:00 P.M. at the Victorian Inn. Hors d'oeuvres are to be furnished by HCDC. A general review will be given and then the various committees will meet. Bernhagen reported on several appointments regarding prospective businesses. He also requested some direction on recommendations on the use of Tax Increment Financing (TIF) for Industrial development. The Finance Committee will have a meeting and make a recommendation to the City Council for a financing policy on the use of TIF. There being no further business, the meeting was adjourned. 1 1 HCDC Finance Committee Friday, February 16, 1990, 11:30 am DIRECTORS PRESENT DuWayne Peterson, Chairman Brent Schmeling Mark Erickson Gregg Sainsbury Jim Young Jim Bullard, Board Rep. MINUTES OTHERS PRESENT John Bernhagen, Exec. Sec. Richard Desens, NDP, Inc. 0 Meeting was called to order by Chairman Peterson. John Bernhagen presented several worksheets pertaining to property costs and assessments on property. After discussion the following was recommended to the City Council for their consideration in promotion industrial development. It is felt there are several conditions to be considered when promoting economic development in Hutchinson. One item is a blighted condition of the property. This can take several forms such as the condition of the buildings already on the property, the amount of land preparation necessary to make the land ready for building, and the assessments due on the property, be they new or old assessments that have accrued considerable interest over time. 1. Conduct an appra'sal on all remaining available land in Industrial Park East including the site west of Michigan," venue, which is oL.islde the TIF District. Appraisal to be done with TIF dollars. 2. Appraised land price and assessments (principal and interest to date of sale) written down to zero. 3. Land preparation costs would be considered for a low interest loan on a case by case basis. Money for loan would be from the interest accrued on the Revolving Loan Fund. 4. The write down of land costs and assessments to zero would be repayed if sold during first 10 years as fellows: E Year Sold Percent Reoavm 1st 100% 2nd 90% 3rd 80% 4th 70% 5th 60 %u f,th 50% 7th 40% 8th 30% 9th 20% 10th 7 0 % Richard Desens presented a potential new product and processing account for his business. He would like to have the committee consider a loan for approximately $10,000 to buy supplies, some equipment, and remodel a small area of the shop for work space. The committee felt the project was very worthwhile, and he should come back with a proposal for the committee's consideration. There being no further business, the meeting adjourned at 1:20 pm. PIONEERLAFD LIBRARY SYSTEM BOARD EXECUTIVE COMMITTEE MEETING February 12, 1990 FOR YOUR INFORMATIC Present: Ric Emery, Willmar Representing: Willmar William Scherer, Hutchinson Hutchinson Carol Conradi, Willmar Willmar Lorna Carlson, Murdock Swift County Arlen LaCombe, Ortonville Big Stone County Stan Jacobson, Granite Falls " Chippewa County Jan Kreie, Brownton McLeod County Burton Sundberg, Director Katherine Matson, Associate Director Absent: Marie Schoener, Cosmos Representing: Meeker County Also present: Steve Ahmann, Willmar City Council David Lauritsen, Chippewa County Librarian Steve Boehlke, Chippewa County Library Board The February 12 meeting of the Executive Committee of the Pioneerland Library System Board was called to order by Chairperson Emery. Mr. Sundberg welcomed guest Steve Ahmann. The January meeting minutes were approved on a motion by Conradi /Scherer. The Financial Report was approved on a motion by Conradi /Kreie. In the statistical report, K. Matson pointed out an increase in circulation especially in the new counties in the system. She passed around the Public Library Newsletter and publicity clippings from area newspapers. She reported on the upcoming staff retreat April 19 -20 to be held at Green Lake Bible Camp. Board members are also welcome. The bills were approved on a motion by LaCombe /Jacobson. K. Matson reported the need for one more SAMMIE governing board member from the Pioneerland Board. The Pioneerland Long Range Plan needs to be revised every other year and is due at the Office of Library Development by June 30, 1990. A committee is meeting to do the revision. She reported on the success and con- tinuation of the Family Ties Project using rotating packets. K. Matson also reminded those present of the Governor's Pre -White House Conference on Libraries to be held in September. Delegates can be nominated by any one of us. There are 13 -15 people signed up to attend Legislative Day in St. Paul February 22. There is still room for more. A main concern is a bonding bill for library construction. We were advised to send individual letters to our legislators expressing our concerns. K. Matson presented a grant application to SMAHC for the summer children's program in the amount of $2,500.00 under the theme "Wheelin Thu Summer." This was approved on a motion by Kreie /Jacobson. The committee members heard at length about reasons for non - payment of $32,000 to Pioneerland from Chippewa County. Mr. Sundberg addressed the issue as did Dave Lauritsen. Handouts were distributed and many questions were raised and answered by both men. No solution was reached, but a compromise was suggested. Mr. Turck and the ad hoc committee studying revision of the PLS Agreement will need to address this issue in their study. Mr. Sundberg proposed reductions in operational costs in Yellow Medicine County due to a cut of $9,607.00 in their 1990 budget payment to PLS. This was approved on a motion by Jacobson /Scherer. (Copy of proposal attached.) A motion directing Mr. Sundberg to activate the Personnel, Finance, and Agreement Revision committees as needed was passed (Scherer /Kreie). A motion for the renewal of an Automation Fund Certificate of Deposit in Norwest Bank, Litchfield, for $10,600 was passed (Jacobson / Conradi). The next meeting, March 12, will be for the full board. The meeting was adjourned. Respectfully submitted Lorna Carlson Secretary L-1 i 11 W2 /QSECOFR PIONEEKLANO LIBRARY SYSTEM COUNTY 34 FEBRUARY 1990 2112190 INTEGRATED FINANCIAL SYSTEM IFS163 PAGk 1 15:26:49 O1 FUND EXPENDITURE WIDELINE A$ OF 2/90 LIBRARY _SERLFNi_Oi -YEAR 17C - ACCOUNT DESCRIPTION CURRENT ACTUAL ACTUAL IDGt - ACT -BUDGET THIS -MONTH _YEAR-TO -PATE DIFFERENCE PIT - D1 LIBRARY SERVICE$ . 100_CERSQMAl_ 6105 SALARIES AND WAGES 795,600.00 65,346.97 _______ I2B,366.60 _ 666,631.20 _ __ _ I6 6110 HEALTH INSURANCE 21,000.00 I.TS1.97 3,351.04 17,648.96 16 -6120_ HEALTH INSURANCE_ > OEDUCT IOLE_ - _._ ______ _ 3.600.00 _ _ __ 72.44_ _ 140.28.- 3,459.72 4 6130 RETIREMENT INSURANCE 80.724.00 6,424.17 12,747.51 67,976.49 16 • TOTAL PERSONAL SERVICES 900.324.00 73,595.55 144,607.63 755,716.77 16 - 110 MATERIALS - 6205 _ BOOKS - _ ADULT_.. .___ _ -_ _. __.. _120,000.00_. 6,621.57 11,370.43. _ _lOB, 629.31 9 6210 BOOKS - CHILDREN 36.000.00 3,367.92 7.503.02 _ 72.490.18 10 6213 GENERAL REFERENCE 16,000.00 776.33 4.327.23 11.672.77 27 6,50.04 g18.4B -_ 14.604..98__ 55 - 6225 PAMPHLETS 300.00 .00 .DO _ _11.943.02_ -_ 300.00 _ 0 6230 BENSON LIBRARY MATERIALS 1.576.00 155.06 162.78 1.413.22 to ___._6135_[NTP►EWA COUNTY LIBRARY. MATFR24LL_. - -_ _ _.- 19,256.00 ____ _ 579.22 1.677.22. 17.577.79 9 6240 MONTEVIDEO MATERIALS 13.600.00 1.629.54 2,029.32 __ _ ,... 11.570.68 13 6245 16MM FILMS 4,000.00 .00 1.800.00 2.200.00 45 ___�RSQ_YlDEO TALES_ __. - 5.000.09_._ 270. R1 4634644_.__ 6255 AUDIO DISCS AND TAPES 400.00 65.68 92.48 ___7.365.56 -_33 301.52 23 6260 SLIDES AND FILM STRIPS 250.00 .00 .00 250.00 0 -__ _.6265 MICRFORMS_ 3 00.00____.__ __ _,90_. _ -__. 0 6270 BINDING 1.000.00 .00 _.- _.DO_. .00 - _300.00 _ 1,000.OD 0 • TOTAL MATERIALS 244.431.00, 16.404.43 41.404.70 203,026.70 17 - 120 CATALOGING - - -- - - _ - -- - -- 6310 6310 _OCLC AND OTHER CHARGES__ _- .16.600.00 - -. -00- _____ 6.416,00.._ 41 6320 CON VENDOR CHARGES 24.000.00 269.21 ____ 1.000.70 .9.792.00.___ 22.999.30 4 • TOTAL CATALOGING 40.608.00 269.21 7.816.70 32.791.30 19 - 130 VEHICLES _ -- - -- - - -- _6350_ OPERATION ANO MAINTF NANCE 14.600.00 _1,199.67__ __- 2.165.45____ 6360 INSURANCE 3.415.00 .00 1,623.92 _.12.434.55, 1.791.00 46 6370 AMORTISATION 8.000.00 .00 .00 6.000.00 0 • fOTAI_VEHIC LES__. ___- ______.___ - 26.015 00_ -_- ___1.199.67.._ __ -__ 3,789.77. -_. .140. C3MMUNICAT20N 6410 TELEPHONE AND LINE CHARGES 9,000.00 802.95 1.576.72 7.463.28 17 6420 TERMINAL MAINTENANCE 1.000.00 5.00 S.00 995.00 1 6430_ POSIAGE.-AND- 3n1F31NG _ 16715 90 .1.OB 4.OL_._._. 1.84 15_ TOTAL COMMUNICATION 22.715.00 1.891.97 - 3.429.21 .10.827.51__ 19.285.79 -_ 15 - 150 EQUIPMENT - 64S5 NEW EQUIPMENT 2.655.00 39.99 75.95 2,579.05 3 6460 A/V EQUIPMENT 1.000.00 .00 .00 1.000.00 0 6470 MAINTENANCE AND CONTRACTS 15,000.00 4,811.26 6,185.29 _ 8.614.71 41 i____JOTAL_ EQVI ►NEN7_ -_ _ -_ 10.655.00- _ 4,851.25 6,261.24 12,393.76 34 e._. 160. OTHER 6305 CUSTODIAL SUPPLIES AND EQUIPMENT 1,500.00 161.74 267.17 1.232.63 10 6510 SUPPLIES AND PRINTING 27,494.00 5.119.12 6.018.05 21,475.95 22 _ 65LS--PRQMOT LQNAL_ANQSROGRJlM11171G 1.000.00 _ _ 286.13__ - 362,67 :33 6520 MILEAGE AND MEETINGS - STAFF 6.000.00 791.L6 1.097.7! __677 -__36_ 4.902.22 ._ 10 6525 MILEAGE AND MEETINGS - TRUSTEES 4,000.00 305.20 440.68 3.559.12 11 ---- ... ---- 6570 _. PROF. MEMBERSHIPS 111RUSIEES2. _._ 400.00_. 288.00 288.00 112.00 72 6335 INSURANCE 11.500.00 1,300.00 _ 10,072.00 1,478.06 as 6540 ADS AND LEGAL NOTICES 100.00 .00 .00 100.00 0 6545 ..AUDITING - - - -- 1.500,00_ _- __ _ _ .DO _ .00 1.500.00_ 0 6550 CO 3.000.00 li 3.00 _ 450.00 _ _ _ 2,550.00 I 6533 CONTINUING NTINUING EDUCATION 500.00 .OD 24.00 476.00 5 5 6556 _SCHOLARSHIP FUND ._. _. _ - -._ 1.000.00._ .00 _ _.00 1.000.00 0 6560 EXTENSION CONTRACTS 10,500.00 .00 .00 10.500.00 _ 0 • TOTAL OTHER 68.494.00 8.556.35 19,020.55 49,473.45 20 - 170 SPECIAL 6610 _. GLENCOE FRIENDS.. 1983. __.. _ 1.369.00 _. _ _.00 .00 1.369.00 0 6620 KCWL 2,716.00 .00 50.00 2.666.00 2 6630 LOCAL EQUIPMENT 2.000.00 .00 .00 2.000.00 0 -- _6650_SIATE'.$ALES_TAX _1,OOo. oO_ .74.25 21 �00___._._.l. 785.0011 6660 FAMILY TIES FUND 5,041.00 3,035.55 _ 3.072.45 1,968.55 _ 61 6670 LARGE PRINT FUND 1.998.00 607.74 774.26 1.223.74 39 •_.- _IDTAL_.SPFC1Al______ ._._______ _.__15.144.00___.).717.34 _.__- _ �.11L7L__ _11.O32.It__27_ ••- __TO uea ARY -- - 1.3J6.]44�00__.._J 1Q.561.97_ __. -230, y1.11_ __1.105.944.8 _IL_._ .. •�AL TOTALS 48 ACCOUNTS _ _ - 1.336.346.00110.561.93 .__ 230,441.11 1.103 __17_ BALANCE LEFT ON NAND $206,593.68 $206,593.66 W2/2SECUFA PION,,FNLANJ LIdRA4Y SYSTL• 4OUYIT 39 FEBRUARY 1990 3 /01 ".) INTLG,IAIFO F WANCIAL SYSTc4 %d3U 9EIMBURIEMEI.TS - BENSJN (MATEKIALS ONLY) 9 IFS161 PAGE 16115 01 FUND 11MUa• REVENUE GUIDELINE AS OF 2/90 RIM - ^•l Y) _.. -__ COKE .PLB_____ 9 - l sS.Ofl_ ACCOUNT DESCRIPTION CURRENT ACTUAL ACTUAL BDGT - ACT -_S2 0 -- - - - - - -- - _ .- -__ ___BUDGEI_ -_ THIS-MONTH YEAR -TO- DATE_. _ _. DIFFERENCE._. JCL BALANCE CARRIED FORWARD • 1211,900.37 1163,296.48 OI L18AAAV c ... nru: 4E-LABURSEME.YTi. -_ - _ -.___ '.- q no 2.959.00 • TOTAL OTHER REIMBURSEMENTS 5101 9ASlC STALE /FEDERAL 410 I) {,000.00 82,096.00 .12,096.00 268.906.00 2 5110 BIG STONE COUNTY 22,069.00 .00 S,S22, 22 16,566.70 2 -_ -- -9115 CHIPPEWA CDUNTY $120 14,322.00 .00 LB,650.50 95.471.50 25 A•IDIYSHI C011N TY 112,4 >4.OU .JO 29.113.50 94.)40.50 25 L 5122 LAC OUI PARLE CJUNTY 30,455.00 1,611.75 7,613.75 22,d41.2S 25 _ . -_5125 -MC LEJ0. COUNTY _)2.237.01,-__ 00 OO ?ZZ31.00 5130 MEEKER COU4TV 68,294.00 .00 1 51,211.00 25 •132 RENVILLE COUNTY 55,)38.0,) .00 7.265.50 4d,052.50 13 - 5135 SHIFT CJUNTY S137 Y.LLn. MEDICINE COUNTY _ 34,560.00 d,640.00 8,640.0,) 23.92,).00 25 914J APPLFTIN 34,9L1.00 .00 6,3UI.00 2d,51U.UO 16 -- 6145- BENSON 9,305.0J .UO 2,3[6.25 6.97d.75 25 - %LSO GLENC09 -. 19,6U9.OJ .UO 6,152.25 12,456.75 33 Si SS G4ACE2ILLE 26,425.0,) 3,875.00 .00 6.406.25 19.dld.75 25 5157 GAANITE FALLS -__ E1.19S.00 .JO .UO 908.75 S,298.75 c.900.25 15,696.25 25 25 S16u HUTCR14sib 5165 57,696.00 .00 14.424.00 43.272.00 2S KcR4HUYE4 - L1TC4FIELJ 3.9d9.OJ .00 997.00 2.991.00 25 -5121 5172 OLTVIA - _ 61.852- ➢D___.. .VO 10,40].00 _ -31,3a9.00-- ._1>._ 5175 RI LE 19,922.00 .00 4,9b0.S0 14.941.50 25 . .._.5180 tILMAR WILLMA 12,741A.00 .00 1.197.00 9,591.00 25 5115 1140 ISLAND 92,050.0,) .00 23.012.30 69,037.50 25 5193 DAMSON 8,854.00 .u0 2,213.50 6,640.50 25 •1 92- �IECTOA _. _ _.._ 12, 642.0,) -- ➢ .00 3.160.50 9,481.50 25 5200 Y __1.14.7- 14,365.00 _ _...00___. .00 1, 936.75 3,591.29 5.4110.25___2 10,773.75 2S RENVIL 5205 ENVILLE - -. - .5410.. CASA RECEIPTS C SALES TAX 9,961.00 .00 2.490.25 7.470.75 25 5420 01 F TS __.__ �. 6. 500.00 -__._ 4, O as. 17. .7,591.26._ __38..908.761 6__.. S43J LNTEMEST rn 1.000.00 7,500,00 .00 1.270.91 .00 1.270.91 1,000.00 6.229.09 0 IT • �CEIITS _ 1 103,109.43_ _262.179.12__._969,649.66 >3 9- -.720 - RE[MBUS.KENTS (LOCAL GOVERNMENT) Sd)l REIMPUAIEMENTS - CHIPPEWA COUNTY 32,029.00 .00 .00 32,U26.OD J %d3U 9EIMBURIEMEI.TS - BENSJN (MATEKIALS ONLY) 9 1,576.00 .00 .00 1,576.00 0 RIM - ^•l Y) ' 7•� -Op __ -. .p0 ____ - _10.000.00. 9 - l sS.Ofl_ StlSO REIMS - rJNTEYi OEO (MATEMI4LS ONLY) WUNT EVIUVO (MATERIALS ONL Y) 13,601.00 .00 .00 13.601.00 -_S2 0 • -- _ TOTAL REINAUSEMENTS (LOCAL GOVERNMENT) 66,460.00 .00 10.000.00 96.460.00 11 • 030 OTHER •EIM9UMSEMFNTS c ... nru: 4E-LABURSEME.YTi. -_ - _ -.___ '.- q no 2.959.00 • TOTAL OTHER REIMBURSEMENTS 1.457.61 1..564.19 1.393.61 S3 • JSJ OTMEP FUNDS - -- - - -- - - - S91J OLENCJF FUND '020 --- __._.__- 1.790.00 r . .Jn .00 1.393.00 0 LiCi___ _' _ _.___. -_ Sr25 LOCAL EQUIPMENT �i -00__- 2.0„0.00 _ .. _. .DO _ .GO _.0.)_.._ .00 _ 2.7.7_n 2.000.00 n __ 0 - ._5530._.FA91LY TIES FUND 5.,042 -DJ_. _. .00 .00 5.042.40 0 S94J LARGE PRINT FUND 1,999.00 .00 .00 1.999.00 - U 59SO SALES TAR 2.000.00 .00 .00 2.000.00 0 •. TOTAL OTHER FUNDS 15,146.00 .00 .Do 15.148.00 0 ••_ TOTAL.. LIBRARY __. .__. _ - -.- .1,336.390.00- _. .105.167.24 293.738.31 1.042,651.69__._12 -- -. 069 FINAL TOTALS - 40 ACCOUNTS- - __.. _ ___._ -4.136,390.00 - 105.167.24 295,738.31 1.042,651.69 22 - TOTAL RECEIPTS AND BALANCE 6317,155.61 $437.034.79 5 PUBLISHED IN THE HUTCHINSON LEADER THURSDAY, MARCH 1, 1990 PUBLICATION NO. 4088 NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF HOSPITAL REVENUE BONDS UNDER MINNESOTA STATUTES, SECTIONS 447.45 TO 447.50 TO FINANCE IMPROVEMENTS TO AND EQUIPMENT TO BE INSTALLED IN HUTCHINSON COMMUNITY HOSPITAL CITY OF HUTCHINSON, MINNESOTA 0 NOTICE IS HEREBY GIVEN that the City Council of the City of Hutchinson, Minnesota (the City), will meet on March 15, 1990, at 5:30 o'clock P.M., at the City Hall, 37 Washington Avenue West, in Hutchinson, Minnesota, for the purpose of conducting a public hearing on a proposal that the City issue revenue bonds, in one or more series, under Minnesota Statutes, Sections 447.45 to 447.50 in order to finance costs of improvements to and equipment to be installed in Hutchinson Community Hospital (the Hospital) located at 1095 Highway 15 South in the City. The Hospital is owned by the City. The maximum aggregate principal amount of the proposed bond issue is $2,000,000. The bonds will be limited obligations of the City, and the bonds and interest thereon will be payable primarily from the revenues of the Hospital pledged to the payment thereof. All persons interested may appear and be heard at the time and place set forth above, or may file written comments with the City Administrator prior to the date of the hearing set forth above. By /s/ Gary D. Pl City Administrator r- I L • Council Member introduced the following resolutions: RESOLUTION NO. 9,? ) 3 A RESOLUTION RELATING TO THE PURCHASE OF EQUIPMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE CONTRACT WHEREBY THE CITY OF HUTCHINSON, MINNESOTA AGREES TO PURCHASE THE EQUIPMENT FROM NORWEST INVESTMENT SERVICES, INC.; AND AUTHORIZING OFFICERS OF THE CITY TO APPROVE, EXECUTE AND DELIVER THE INSTALLMENT PURCHASE CONTRACT AND DOCUMENTS RELATING TO IT. BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, as follows: Section 1. Findings It is hereby found, determined and declared that: (A) The City of Hutchinson (the "City "), in the County of McLeod and State of Minnesota, is a political subdivision of the State of Minnesota and a body corporate and politic. (B) Under the laws of the State of Minnesota, the City is possessed of all powers which are necessary, requisite or proper for the government and administration of its local and municipal matters, and all rights and powers that now or hereafter may be granted to municipalities by the laws of the State of Minnesota. (C) The City owns the Hutchinson Community Hospital (the "Hospital "), the management and control of which is vested in the Board of the Hospital (the "Board "). (D) The Board has requested that the City purchase certain equipment for the use and benefit of the Hospital. (E) The City desires to purchase such equipment for the use and benefit of the Hospital. (F) Norwest Investment Services, Inc. ( "Norwest ") has agreed to finance the purchase of the equipment through an Installment Purchase Contract (the "Installment Purchase Contract ") whereby the City agrees to purchase the equipment from Norwest. (G) The Board has agreed to reimburse the City for all payments made . by the City under the Installment Purchase Contract from net revenues of the Hospital. — Section 2. Designation as Qualified Tax - Exempt Obligation Pursuant to Section 265(b)(3)(B)(ii) of the Internal Revenue Code of 1986, as amended (the "Code "), the City hereby specifically designates the Installment Purchase Contract as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Code. In compliance with Section 265(b)(3)(D) of the Code, the City hereby represents that the City will not designate more than $10,000,000 of obligations issued by the City in the calendar year during which the Installment Purchase Contract is executed and delivered as such "qualified tax - exempt obligations." Section 3. Issuance Limitation In compliance with the requirements of Section 265(b)(3)(C) of the Code, the City hereby represents that the City (including all "subordinate entities" of the City within the meaning of Section 265(b)(3)(E) of the Code) reasonably anticipates not to issue in the calendar year during which the Installment Purchase Contract is executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of the Code which are not "private activity bonds" as defined in Section 141 of the Code (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for purposes of this representation) in an amount in excess of $10,000,000. Section 4. Retention of Counsel The City hereby retains the firm of Dorsey & Whitney, Minneapolis, Minnesota, to act as special counsel with respect to the Installment Purchase Contract with Norwest. Section 5. Authorization of Documents In connection with the authorization, execution and delivery of the Installment Purchase Contract, the officers of the City designated by Section 6 of this resolution shall enter into, execute and deliver the following documents, instruments and agreements: (A) The Installment Purchase Contract with Norwest whereby the City agrees to purchase the equipment from Norwest; (B) Such other documents, instruments and agreements as may be necessary to effectuate the terms and intent of this resolution. The execution and delivery of all such documents, instruments and agreements is hereby authorized and directed, all of such documents, instruments and agreements to be in such form and to contain such terms, consistent with this resolution, as the officers of the City designated herein shall determine to be necessary and desirable. Section 6. City Officers The Mayor, City Administrator and City Attorney of the City are hereby authorized and directed to execute and deliver the -2- • documents, instruments and agreements authorized by Section 5 of this resolution. Execution and delivery of such items by the Mayor, City Administrator and City Attorney shall constitute evidence that such items are consistent with the terms of this resolution and have been duly authorized, executed and delivered by the City and are enforceable against the City in accordance with their terms, subject to customary exceptions relating to bankruptcy, reorganization, insolvency and other laws affecting creditors' rights. The Mayor, City Administrator and City Attorney are further authorized to take such other actions as may be required to effectuate the terms and intent of this resolution. Adopted this 2�L day of 1990. Mayor ATTEST: City Administrator 0 (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. -3- CERTIFICATION OF MINUTES RELATING TO Issuer: City of Hutchinson, Minnesota 9, Governing Body: City Council Kind, date, time and place of meeting: Regular meeting held March _, 1990, at o'clock _.m. in the Council Chambers of the City Hall. Members present: Members absent: Documents Attached: Minutes of said meeting (including): Resolution No. A RESOLUTION RELATING TO THE PURCHASE OF EQUIPMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE CONTRACT WHEREBY THE CITY OF HUTCHINSON, MINNESOTA AGREES TO PURCHASE THE EQUIPMENT FROM NORWEST INVESTMENT SERVICES, INC.; AND AUTHORIZING OFFICERS OF THE CITY TO APPROVE, EXECUTE AND DELIVER THE INSTALLMENT PURCHASE CONTRACT AND DOCUMENTS RELATING TO IT. I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the docu- ments attached hereto, as described above, have been carefullv compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of —_ , 19 . is Signature (SEAL) Name and Title INSTALLMENT PURCHASE CONTRACT Between Norwest Investment Services, Inc. As Seller and City of Hutchinson, Minnesota As Buyer Dated as of the day of 1990 THIS INSTALLMENT PURCHASE CONTRACT dated as of the • day of 1990 (the Contract), by and between Northwest Investment Services, Inc., a corporation duly organized and existing under the laws of the State of Minnesota as seller (Seller), whose address is Sixth and Marquette, Minneapolis, Minnesota 55479 -0146; and the City of Hutchinson, a political subdivision of the State of Minnesota as buyer (Buyer), whose address is City Hall, 37 Washington Avenue West, Hutchinson, Minnesota 55330; WITNESSETH: WHEREAS, Buyer is authorized by law to acquire such items of personal property as are needed to carry out its governmental functions, and to acquire such personal property by entering into installment purchase agreements; and WHEREAS, Buyer has determined that it is necessary for it to acquire under this Contract certain items of personal property described herein as Equipment; and WHEREAS, Seller is willing to sell them to Buyer pursuant to this Contract; NOW THEREFORE, in the joint and mutual exercise of their powers, and in consideration of the mutual covenants herein contained, the parties hereto recite and agree as 1 follows: E ARTICLE I DEFINITIONS AND EXHIBITS Section 1.1. Definitions unless the context otherwise requires, the terms defined in this Section shall, for all purposes of this Contract, have the meanings herein specified. Commencement Date The date upon which Buyer's obligation to make Installment Purchase Payments accrues as evidenced by the issuance to Seller of the Certificate of Acceptance attached hereto as Exhibit C. Contractor Each of the manufacturers or vendors from whom Buyer (or Seller at Buyer's request) has ordered or will order or with whom Buyer (or Seller at Buyer's request) has contracted or will contract for the manufacture, delivery and /or installation of the Equipment. Equipment The personal property described in the attached Exhibit A which is being leased and purchased by Buyer pursuant to this Contract. Indevend n Counsel An attorney duly admitted to the • practice of law before the highest court of the State who is not a full -time employee of Seller or Buyer. Installment Purchase payment The payment due from Buyer to Seller on each Payment Date, as shown on Exhibit B. Interest The portion of any Installment Purchase Payment designated as and comprising interest as shown in the attached Exhibit B. Net Proceeds Any insurance proceeds or condemnation award, paid with respect to the Equipment, remaining after payment therefrom of all expenses incurred in the collection thereof. Payment Date The date upon which any Installment Purchase Payment is due and payable as provided in Exhibit B. Permitted Encumbrances As of any particular time: (i) liens for taxes and assessments not then delinquent, or which Buyer may, pursuant to the provisions of Section 7.3 hereof, permit to remain unpaid, (ii) this Contract and amendments hereto, (iii) Seller's interest in the Equipment, and (iv) any mechanic's, laborer's, materialmen's, supplier's or vendor's lien or right not filed or perfected in the manner 1 -1 prescribed by law, other than any lien arising through a Contractor or which Buyer may, pursuant to Article VIII hereof, permit to remain unpaid. Prepayment Price With respect to the Equipment, as of any Payment Date, the amount so designated and set forth opposite such date in the attached Exhibit B. Principal The portion of any Installment Purchase Payment designated as principal in the attached Exhibit B. Specifications The bid specifications and /or purchase order pursuant to which Buyer has ordered the Equipment from a Contractor. State The State of Minnesota. State and Federal Law or Laws The Constitution and any law of the State and any charter, ordinance, rule or regulation of any agency or political subdivision of the State; and any law of the United States, and any rule or regulation of any federal agency. Term of this Contract or Contract Term The period commencing on the execution of this Contract and ending on the date the last Installment Purchase Payment is due and payable, as shown in Exhibit B. Section 1.2. Exhibits The following Exhibits are attached to and by reference made a part of this Contract: Exhibit A : A description of the Equipment being purchased by Buyer pursuant to this Contract, including the serial number thereof which shall be inserted when available. Exhibit B : A schedule to be completed by Seller as provided in Section 4.1, indicating the date upon which the Term of this Contract shall end, the date and amount of each Installment Purchase Payment coming due during the Contract Term, the amount of each Installment Purchase Payment comprising Principal and Interest and the price at which Buyer may prepay its obligation to make all future Installment Purchase Payments with respect to the Equipment in accordance with Article X. The due date of each Installment Purchase Payment shall be inserted on Exhibit B by Seller when available. Exhibit C : A Certificate of Acceptance of Buyer indicating that the Equipment has been delivered and installed n U 1 -2 • in accordance with the Specifications, and has been accepted by Buyer, the date on which Installment Purchase Payments shown in Exhibit B shall commence, and that certain other requirements have been met by Buyer. • 1 -3 ARTICLE II REPRESENTATIONS, COVENANTS AND WARRANTIES Section 2.1. Representations Covenants and Warranties of Buyer Buyer represents, covenants and warrants as follows: (a) Buyer is a municipal corporation and political subdivision of the State, duly organized and existing under the Constitution and laws of the State. (b) Buyer is authorized under the Constitution and laws of the State to enter into this Contract and the transactions contemplated hereby, and to perform all of its obligations hereunder. (c) The officer of Buyer executing this Contract has been duly authorized to execute and deliver this Contract under the terms and provisions of a resolution of Buyer's governing body, or by other appropriate official action. (d) In authorizing and executing this Contract, Buyer has complied with all public bidding and other State and Federal Laws applicable to this Contract and the acquisition of the Equipment by Buyer. (e) Buyer will not pledge, mortgage or assign this Contract, or its duties and obligations hereunder to any other person, firm or corporation except as provided under the terms of this Contract. (f) Buyer will use the Equipment during the Contract Term only to perform essential governmental functions. (g) Buyer will take no action that would cause the Interest portion of the Installment Purchase Payments to become includible in gross income of the recipient for federal income tax purposes under the Internal Revenue Code of 1986, as amended (the Code) and Treasury Regulations promulgated thereunder (the Regulations), and Buyer will take and will cause its officers, employees and agents to take all affirmative actions legally within its power necessary to ensure that the Interest portion of the Installment Purchase Payments does not become includible in gross income of the recipient for federal income tax purposes under the Code and Regulations, including, without limitation, compliance with all requirements of the Code and Regulations relating to the rebate of arbitrage profit to the United States Government. 2 -1 . (h) Upon delivery and installation of the Equipment, Buyer will provide to Seller a completed and executed copy of the Certificate of Acceptance attached hereto as Exhibit C. (i) Buyer will submit to the Secretary of the Treasury an information reporting statement at the time and in the form required by the Code and the Regulations. (j) This Contract is designated as a "qualified tax - exempt obligation" within the meaning of Section 265(b)(3) of the Code. Buyer will not designate more than $10,000,000 of its obligations as "qualified tax- exempt obligations" in calendar year 1990. Buyer (including all subordinate entities and entities acting on behalf of Buyer within the meaning of the Code) does not reasonably expect to issue in calendar year 1990 more than $10,000,000 of obligations which it could designate as "qualified tax- exempt obligations." Section 2.2. Representations Covenants and Warranties Of Seller Seller represents, covenants and warrants as follows: (a) Seller is a corporation duly organized, existing Or and in good standing under and by virtue of the laws of the state of Minnesota, and is duly qualified and in good standing as a foreign corporation authorized to transact business in the State; has power to enter into this Contract; is possessed of full power to own and hold real and personal property, and to lease and sell the same; and has duly authorized the execution and delivery of this Contract. (b) Neither the execution and delivery of this Contract, nor the fulfillment of or compliance with the terms and conditions thereof, nor the consummation of the transactions contemplated thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which Seller is now a party or by which Seller is bound, constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of Seller, or upon the Equipment except Permitted Encumbrances. 2 -2 ARTICLE III SALE OF EQUIPMENT Section 3.1. Sale Seller hereby sells the Equipment to Buyer, and Buyer hereby purchases the Equipment from Seller, upon the terms and conditions set forth in this Contract. Section 3.2. Possession and Enjoyment Seller hereby covenants to provide Buyer during the Term of this Contract with the quiet use and enjoyment of the Equipment, and Buyer shall during the Term of this Contract peaceably and quietly have and hold and enjoy the Equipment, without suit, trouble or hindrance from Seller, except as expressly set forth in this Contract. Seller will, at the request of Buyer and at Buyer's cost, join in any legal action in which Buyer asserts its right to such possession and enjoyment to the extent Seller lawfully may do so. Section 3.3. Seller Access to Equipment Buyer agrees that Seller shall have the right at all reasonable times to examine and inspect the Equipment. Buyer further agrees that Seller shall have such rights of access to the Equipment as may be reasonably necessary to cause the proper maintenance of the Equipment in the event of failure by Buyer to perform its obligations hereunder. 3 -1 9 • ARTICLE IV TERM OF CONTRACT Section 4.1. Contract Term This Contract shall be in effect for a Term commencing upon the execution hereof and ending as provided in Section 4.2. Upon determination of the Commencement Date, Seller shall insert on Exhibit B the Payment Dates of the Installment Purchase Payments coming due therein. Section 4.2. TTarmination of Lease Term The Term of this Contract will terminate upon the occurrence of the first of the following events: (a) Buyer's prepayment of the Installment Purchase Payments with respect to the Equipment, pursuant to Article X; (b) a default by Buyer and Seller's election to terminate this Contract pursuant to Article XII; or (c) the payment by Buyer of all Installment Purchase Payments and other amounts authorized or required to be paid by Buyer hereunder. 0 4 -1 ARTICLE V i INSTALLMENT PURCHASE PAYMENTS Section 5.1. Installment Purchase Payments Buyer agrees to pay Installment Purchase Payments during the Term of this Contract, in the amounts and on the dates specified in Exhibit B. All Installment Purchase Payments shall be paid to Seller at its offices at the address specified in the first paragraph of this Contract, or to such other person or entity to which Seller has assigned such Installment Purchase Payments as specified in Article XI, at such place as such assignee may from time to time designate by written notice to Buyer. Buyer shall pay the Installment Purchase Payments exclusively from moneys legally available therefor, in lawful money of the United States of America to Seller or, in the event of assignment of the right to receive Installment Purchase Payments by Seller, to its assignee. Interest shall accrue from the first day of the calendar month in which the Certificate of Acceptance is executed. Section 5.2. Source of Paymen All Installment Purchase Payments required to be paid by Buyer pursuant to this Contract shall be paid from moneys duly budgeted, appropriated, obligated and otherwise provided and made available therefor by Buyer. Buyer shall lawfully budget for, appropriate, provide and otherwise obtain and make available moneys sufficient to pay when due all Installment Purchase Payments which will become due and owing during the Term of this Contract. Unless paid from other legally available and appropriated funds, Installment Purchase Payments shall be paid from the general fund of the Buyer. Buyer hereby agrees that during the Contract Term it shall make an appropriation in each annual budget resolution prepared pursuant to Minnesota Statutes, Sections 412.701 through 412.721 sufficient to make and for the purpose of making the Installment Payments due under the Contract in the next succeeding fiscal year and shall levy whatever taxes Buyer deems necessary, within applicable statutory limits, for the ensuing fiscal year for payment of all expenditures covered by the budget resolution, including the Installment Payments. Section 5.3. Interest Componen A portion of each Installment Purchase Payment is paid as and represents the payment of Interest. Exhibit B sets forth the Interest component of each Installment Purchase Payment. Section 5.4. Installment Purchase Payments to be Unconditional The obligation of Buyer to make Installment Purchase Payments or any other payments required hereunder 5 -1 shall be absolute and unconditional in all events except as expressly provided under this Contract. Notwithstanding any dispute between Buyer and Seller or any other person, Buyer shall make all Installment Purchase Payments and other payments required hereunder when due and shall not withhold any Installment Purchase Payment or other payment pending final resolution of such dispute nor shall Buyer assert any right of set -off or counterclaim against its obligation to make such Installment Purchase Payments or other payments required under this Contract. Buyer's obligation to make Installment Purchase Payments or other payments shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Seller from the performance of its obligations hereunder; and if Seller should fail to perform any such obligation, Buyer may institute such legal action against Seller as Buyer may deem necessary to compel the performance of such obligation or to recover damages therefor. 0 • 5 -2 ARTICLE VI • INSURANCE AND NEGLIGENCE Section 6.1. Liability Insurance Upon receipt of possession of the Equipment, Buyer shall take such measures as may be necessary to ensure that any liability for injuries to or death of any person or damage to or loss of property arising out of or in any way relating to the condition or the operation of the Equipment or any part thereof, is covered by a blanket or other general liability insurance policy maintained by Buyer. The Net Proceeds of all such insurance shall be applied toward extinguishment or satisfaction of the liability with respect to which any Net Proceeds may be paid. Section 6.2. Property Insuran Upon receipt of possession of the Equipment, Buyer shall have and assume the risk of loss with respect thereto. Buyer shall procure and maintain continuously in effect during the Term of this Lease, all -risk insurance, subject only to the standard exclusions contained in the policy, in such amount as will be at least sufficient so that a claim may be made for the full replacement cost of any part thereof damaged or destroyed and to pay the applicable Prepayment Price of the Equipment. Such insurance may be provided by a rider to an existing policy or under a separate policy. Such insurance may be written with customary deductible amounts. The Net Proceeds of insurance required by this Section shall be applied to the prompt repair, restoration or replacement of the Equipment, or to the purchase of the Equipment, as provided in Section 6.6. Any Net Proceeds not needed for those purposes shall be paid to Buyer. Section 6.3. Worker's Compensation Insuran If required by State law, Buyer shall carry worker's compensation insurance covering all employees on, in, near or about the Equipment, and upon request, shall furnish to Seller certificates evidencing such coverage throughout the Term of this Lease. Section 6.4. Requirements For Ail Insurance All insurance policies (or riders) required by this Article shall be taken out and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State; and shall contain a provision that the insurer shall not cancel or revise coverage thereunder without giving written notice to the insured parties at least ten (10) days before the cancellation or revision becomes effective. All insurance policies or riders required by Sections 6.1 and 6.2 shall name Buyer and Seller as insured parties, and any insurance policy or rider 6 -1 0 required by Section 6.3 shall name Buyer as insured party. Buyer shall deposit with Seller policies (and riders) evidencing any such insurance procured by it, or a certificate or certificates of the respective insurers stating that such insurance is in full force and effect. Before the expiration of any such policy (or rider), Buyer shall furnish to Seller evidence that the policy has been renewed or replaced by another policy conforming to the provisions of this Article, unless such insurance is no longer obtainable in which event Buyer shall notify Seller of this fact. Section 6.5. Buyer's Negligence Buyer assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Equipment and for injury to or death of any person or damage to any property, whether such injury or death be with respect to agents or employees of Buyer or of third parties, and whether such property damage be to Buyer's property or the property of others, which is proximately caused by the negligent conduct of Buyer, its officers, employees and agents. Buyer hereby assumes responsibility for and agrees to reimburse Seller for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorney's fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Seller that in any way relate to or arise out of a claim, suit or • proceeding based in whole or in part upon the negligent conduct of Buyer, its officers, employees and agents, to the maximum extent permitted by law. Section 6.6. Damaae to or D Stru ion of Fauiomens If after delivery of the Equipment to Buyer all or any part of the Equipment is lost, stolen, destroyed or damaged beyond repair, Buyer shall as soon as practicable after such event either: (i) replace the same at Buyer's sole cost and expense with equipment of equal or greater value to the Equipment immediately prior to the time of the loss occurrence, such replacement equipment to be subject to Seller's reasonable approval, whereupon such replacement shall be substituted in this Contract by appropriate endorsement; or (ii) pay the applicable Prepayment Price of the Equipment as set forth in Exhibit B. Buyer shall notify Seller of which course of action it will take within fifteen (15) days after the loss occurrence. If Buyer fails or refuses to notify Seller within the required period, Seller may, at its option, declare the applicable Prepayment Price of the Equipment set forth in Exhibit B immediately due and payable, and Buyer shall be obligated.to pay the same. The Net Proceeds of all insurance payable with respect to the Equipment shall be available to Buyer and shall be used to discharge Buyer's obligations under this Section. On payment of the Prepayment Price with respect • 6 -2 to the Equipment, this Contract shall terminate and Buyer thereupon shall become entitled to the Equipment AS IS, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY BUYER, except that the Equipment shall not be subject to any lien or encumbrance created by or arising through Seller. 1, 6 -3 ARTICLE VII OTHER OBLIGATIONS OF BUYER Section 7.1. Use; Permits Buyer shall exercise due care in the installation, use, operation and maintenance of the Equipment, and shall not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any State and Federal Law or for a purpose or in a manner contrary to that contemplated by this Contract. Buyer shall obtain all permits and licenses necessary for the installation, operation, possession and use of the Equipment. Buyer shall comply with all State and Federal Laws applicable to the installation, operation, possession and use of the Equipment, and if compliance with any such State and Federal Law requires changes or additions to be made to the Equipment, such changes or additions shall be made by Buyer at its expense. Section 7.2. Maintenance of Eguipment by Lessee Buyer shall, at its own expense, maintain, preserve and keep the Equipment in good repair, working order and condition, and shall from time to time make all repairs and replacements necessary to keep the Equipment in such condition. Seller shall have no responsibility for any of these repairs or replacements. • Section 7.3. Taxes Other Governmental Charges and Utility Charges. Except as expressly limited by this Section, Buyer shall pay all taxes and other charges of any kind whatsoever which are at any time lawfully assessed or levied against or with respect to the Equipment, the Installment Purchase Payments or any part thereof, or which become due during the Term of this Contract, whether assessed against Buyer or Seller. Buyer shall also pay when due all gas, water, steam, electricity, heat, power, telephone, and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Equipment, and all special assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Equipment; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, Buyer shall be obligated to pay only such installments as are required to be paid during the Term of this Contract as and when the same become due. Buyer shall not be required to pay any federal, state or local income, inheritance, estate, succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock, corporate, or other similar tax payable by Seller, its successors or assigns, unless such tax is made in lieu of or as a substitute for any tax, assessment or charge which is the obligation of Buyer under this Section. 7 -1 Buyer may, at its own expense and in its own name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments, utility or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless Seller shall notify Buyer that, in the opinion of Independent Counsel, by nonpayment of any such items the interest of Seller in the Equipment will be materially endangered or the Equipment or any part thereof will be subject to loss or forfeiture, in which event Buyer shall promptly pay such taxes, assessments, utility or other charges or provide Seller with full security against any loss which may result from nonpayment, in form satisfactory to Seller. Section 7.4. Advances If Buyer shall fail to perform any of its obligations under this Article, Seller may, but shall not be obligated to, take such action as may be necessary to cure such failure, including the advancement of money, and Buyer shall be obligated to repay all such advances on demand, with interest at the rate of 18% per annum or the maximum rate permitted by law, whichever is less, from the date of the advance to the date of repayment. • 7 -2 • 0 ARTICLE VIII TITLE Section 8.1. Title During the Term of this Contract, legal title to the Equipment and any and all repairs, replacements, substitutions and modifications to it shall be in Seller. In recognition of such legal title, Seller and Buyer shall execute and properly file a Uniform Commercial Code financing statement (UCC -1) executed by Buyer as debtor and Seller as secured party indicating that legal title to the Equipment is in Seller. If requested by Seller, Buyer shall conspicuously mark the Equipment with appropriate lettering, labels or tags, and maintain such markings during the Term of this Contract, so as clearly to disclose Seller's legal title to the Equipment. Upon payment by Buyer of all Installment Purchase Payments as indicated in Exhibit B, or the exercise by Buyer of its prepayment option pursuant to Article X, full and unencumbered legal title to the Equipment shall pass to Buyer, and Seller shall have no further interest therein; and Seller shall execute and deliver to Buyer such documents as Buyer may request to evidence the passage of legal title to the Equipment to Buyer and the termination of Seller's security or other interest therein. Section 8.2. Liens During the Term of this Contract, Buyer shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Equipment, other than the respective rights of Seller and Buyer as herein provided and Permitted Encumbrances. Except as expressly provided in Section 7.3 and this Article, Buyer shall promptly, at its own expense, take such action as may be necessary duly to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim if the same shall arise at any time. Buyer shall reimburse Seller for any expense incurred by Seller in order to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim. Section 8.3. Installation of Buyer may at any time and from time to time, in its sole discretion and at its own expense, install other items of equipment in or upon the Equipment, which items shall be identified by tags or other symbols affixed thereto as property of Buyer. All such items so identified shall remain the sole property of Buyer, in which Seller shall have no interest, and may be modified or removed by Buyer at any time provided that Buyer shall repair and restore any and all damage to the Equipment resulting from the installation, modification or removal of any such items. Nothing in this Contract shall • prevent Buyer from purchasing items to be installed pursuant to 8 -1 this Section under a conditional sale or lease - purchase • contract, or subject to a vendor's lien or security agreement, as security for the unpaid portion of the purchase price thereof, provided that no such lien or security interest shall attach to any part of the Equipment. Section 8.4. Modification of Equipment Buyer shall, at its own expense, have the right to make repairs to the Equipment, and to make repairs, replacements, substitutions and modifications to all or any of the parts thereof. All such work and any part or component used or installed to make a repair or as a replacement, substitution or modification, shall thereafter comprise part of the Equipment and be subject to the Provisions of this Contract. Such work shall not in any way damage the Equipment or cause it to be used for purposes other than those authorized under the provisions of State and Federal Law or those contemplated by this Contract; and the Equipment, upon completion of any such work shall be of a value which is not less than the value of the Equipment immediately prior to the commencement of such work. Any property for which a replacement or substitution is made pursuant to this Section may be disposed of by Buyer in such manner and on such terms as are determined by Buyer. Buyer will not permit any mechanic's or other lien to be established or remain against the Equipment for labor or materials furnished in connection with any repair, replacement, substitution or modification made by Buyer pursuant to this Section; provided that if any such lien is established and Buyer shall first notify Seller of Buyer's intention to do so, Buyer may in good faith contest any lien filed or established against the Equipment, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless Seller shall notify Buyer that, in the opinion of Independent Counsel, by nonpayment of any such item the interest of Seller in the Equipment will be materially endangered or the Equipment or any part thereof will be subject to loss or forfeiture, in which event Buyer shall promptly pay and cause to be satisfied and discharged all such unpaid items or provide Seller with full security against any such loss or forfeiture, in form satisfactory to Seller. Seller will cooperate fully with Buyer in any such contest,.upon the request and at the expense of Buyer. Section 8.5. Personal Property The Equipment is and shall at all times be and remain personal property notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner affixed or attached to or embedded in or permanently rested upon real property or any building thereon or attached in any manner to what is permanent by means of cement, plaster, nails, bolts, screws or otherwise. • 8 -2 • ARTICLE IX WARRANTIES Section 9.1. Selection of Eguiom n . The Equipment and the Contractor have been selected by Buyer, and Seller shall have no responsibility in connection with the selection of the Equipment, its suitability for the use intended by Buyer, the acceptance by the Contractor or its sales representative of the order submitted, or any delay or failure by the Contractor or its sales representative to manufacture, deliver or install the Equipment for use by Buyer. Buyer authorizes Seller to add the serial number of the Equipment to Exhibit A when available. Section 9,2. Installation and Maintenance of Equipment. Seller shall have no obligation to install, erect, test, inspect, service or maintain the Equipment under any circumstances, but such actions shall be the obligation of Buyer or the Contractor. Section 9.3. Contractor's Warranties Seller hereby assigns to Buyer for and during the Term of this Contract, all of its interest in all Contractor's warranties and guarantees, express or implied, issued on or applicable to the Equipment, and Seller hereby authorizes Buyer to obtain the customary services furnished in connection with such warranties and guarantees at Buyer's expense. Section 9.4. Patent Infringement Seller hereby assigns to Buyer for and during the Term of this Contract all of its interest in patent indemnity protection provided by any Contractor with respect to the Equipment. Such assignment of patent indemnity protection by Seller to Buyer shall constitute the entire liability of Seller for any patent infringement by Equipment furnished pursuant to this Contract. Section 9.5. Disclaimer Of—Wgrranties THE EQUIPMENT IS DELIVERED AS IS, AND SELLER MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY BUYER OF THE EQUIPMENT, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE EQUIPMENT. • ARTICLE X • PREPAYMENT Section 10.1. When Availab Buyer shall have the option to prepay its obligation to pay all future Installment Purchase Payments with respect to the Equipment on any Payment Date for the then applicable Prepayment Price set forth in Exhibit B, but only if Buyer is not in default under this Contract, and only in the manner provided in this Article. Section 10.2. Exercise of Option Buyer shall give notice to Seller of its intention to exercise its option not less than thirty (30) days prior to the Payment Date on which the option is to be exercised and shall deposit with Seller on the date of exercise an amount equal to all Installment Purchase Payments and any other amounts then due or past due (including the Installment Purchase Payment due on the Payment Date on which the option is to be exercised) and the applicable Prepayment Price set forth in Exhibit B. The closing shall be on the Payment Date on which the option is to be exercised at the office of Seller. Section 10.3. Release of Sel ler - s Interes Upon exercise of the prepayment option by Buyer, Seller shall convey or release to Buyer, all of its right, title and /or interest in and to the Equipment by delivering to Buyer such documents as • Buyer deems necessary for this purpose. 10 -1 • • ARTICLE XI ASSIGNMENT, SUBLEASING, MORTGAGING AND SELLING Section 11.1. Assignment by Seller Seller shall not assign its obligations under this Contract, and no purported assignment thereof shall be effective. All of Seller's right, title and /or interest in and to this Contract, the Installment Purchase Payments and other amounts due hereunder and the Equipment may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Seller at any time, without the consent of Buyer. No such assignment shall be effective as against Buyer unless and until the assignor shall have filed with Buyer a copy or written notice thereof identifying the assignee. Buyer shall pay all Installment Purchase Payments due hereunder to or at the direction of Seller or the assignee named in the most recent assignment or notice of assignment filed with Buyer. During the Contract Term Buyer shall keep a complete and accurate record of all such assignments. In the event Seller assigns participation in its right, title and /or interest in and to this Contract, the Installment Purchase Payments and other amounts due hereunder and the Equipment, such participants shall be considered to be Seller with respect to their participated shares thereof. • Section 11.2. Assignment and Subleasina by Buyer Neither this Contract nor Buyer's interest in the Equipment may be assigned by Buyer without the written consent of Seller. However, the Equipment may be subleased by Buyer, in whole or in part, without the consent of Seller, subject, however, to each of the following conditions: (i) This Contract and the obligation of Buyer to make Installment Purchase Payments hereunder, shall remain obligations of Buyer. (ii) The sublessee shall assume the obligations of Buyer hereunder to the extent of the interest subleased. (iii) Buyer shall, within thirty (30) days after the delivery thereof, furnish or cause to be furnished to Seller a true and complete copy of such sublease. (iv) No sublease by Buyer shall cause the Equipment to be used for a purpose other than a governmental function authorized under the provisions of the Constitution and laws of the State. • 11 -1 (v) No sublease shall cause the Interest component of • the Installment Purchase Payments due with respect to the Equipment to become includible in gross income of the recipient for federal income tax purposes. Section 11.3. Restriction on Mortgage or Sale of Eguipment by Lessee Except as provided in Section 11.2, Buyer will not mortgage, sell, assign, transfer or convey the Equipment or any portion thereof during the Term of this Contract, or remove the same from its boundaries, without the written consent of Seller. 11 -2 • • ARTICLE XII EVENTS OF DEFAULT AND REMEDIES Section 12.1. Events of Default Defined The following shall be "events of default" under this Contract and the terms "events of default" and "default" shall mean, whenever they are used in this Contract, with respect to the Equipment, any one or more of the following events: (i) Failure by Buyer to pay any Installment Purchase Payment or other payment required to be paid under this Contract at the time specified herein and the continuation of said failure for a period of three (3) days after telephonic or telegraphic notice given by Seller that the payment referred to in such notice has not been received, such telephonic or telegraphic notice to be subsequently confirmed in writing, or after written notice. (ii) Failure by Buyer to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in Clause (i) of this Section, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied has been given to Buyer by Seller, unless Seller shall agree in writing to an extension of such time • prior to its expiration; provided, however, if the failure l stated in the notice cannot be corrected within the applicable period, Seller will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Buyer within the applicable period and diligently pursued until the default is corrected. (iii) The filing by Buyer of a voluntary petition in bankruptcy, or failure by Buyer promptly to lift any execution, garnishment or attachment of such consequence as would impair the ability of Buyer to carry on its governmental or proprietary function or adjudication of Buyer as a bankrupt, or assignment by Buyer for the benefit of creditors, or the entry by Buyer into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of a petition applicable to Buyer in any proceedings instituted under the provisions of the Federal Bankruptcy Statute, as amended, or under any similar acts which may hereafter be enacted. The provisions of this Section 12.1 and Section 12.2 are subject to the following limitation: if by reason of force maieure Buyer is unable in whole or in part to carry out its obligations under this Contract with respect to the Equipment, • 12 -1 - Purchase Payments with • en due nntwithctan the provisions of this paragraph Buyer shall not be deemed in default during the continuance of such inability. The term " force maieure as used herein shall mean, without limitation, the following: acts of God; strikes, lockouts or other labor disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or the State or their respective departments, agencies or officials, or any civil or military authority; insurrections; riots; landslides; earthquakes; fires; storms; droughts; floods; explosions; breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of Buyer and not resulting from its negligence. Buyer agrees, however, to remedy with all reasonable dispatch the cause or causes preventing Buyer from carrying out its obligations under this Contract; provided that the settlement of strikes, lockouts and other labor disturbances shall be entirely within the discretion of Buyer and Buyer shall not be required to make settlement of strikes, lockouts and other labor disturbances by acceding to the demands of the opposing party or parties when such course is in the judgment of Buyer unfavorable to Buyer. Section 12.2. Remedies on Default Whenever any event of default referred to in Section 12.1 hereof shall have • happened and be continuing with respect to the Equipment, Seller shall have the right, at its option and without any further demand or notice, to take one or any combination of the following remedial steps: (i) Seller may declare the then applicable Prepayment Price set forth on Exhibit B to be due and payable by Buyer, whereupon such Prepayment Price shall be immediately due and payable. (ii) Seller, with or without terminating this Contract, may repossess the Equipment by giving Buyer written notice to deliver the Equipment to Seller, whereupon Buyer shall do so in the manner provided in Section 12.3. In the event Buyer fails to do so within ten (10) days after receipt of such notice, Seller may enter upon Buyer's premises where the Equipment is kept and take possession of the Equipment, and charge Buyer for costs incurred in repossessing the Equipment, including reasonable attorneys' fees. Buyer hereby expressly waives any damages occasioned by the repossession. If the Equipment or any portion of it has been destroyed or damaged beyond repair, Buyer shall pay the then applicable Prepayment Price for the Equipment as set forth in 12 -2 • • Exhibit B (less credit for Net Proceeds) to Seller. Buyer shall continue to be responsible for the payment of the Installment Purchase Payments. When the default is cured, if Seller has not sold the Equipment pursuant to Clause (iii) or (iv), Seller shall return the Equipment to Buyer at Buyer's expense. (iii) If the Seller terminates this Contract and takes possession of the Equipment, Seller shall within thirty (30) days thereafter use its best efforts to sell the Equipment or any portion thereof in a commercially reasonable manner at public or private sale in accordance with applicable State laws. Seller shall apply the proceeds of such sale to pay the following items in the following order: (a) costs incurred in repossessing the Equipment from Buyer; (b) reasonable expenses of sale; (c) any Installment Purchase Payments or other amounts due hereunder then outstanding and unpaid; and (d) the applicable Prepayment Price. Buyer shall continue to be responsible for the payment of any Installment Purchase Payments or other amounts due hereunder then outstanding and unpaid and the applicable Prepayment Price except to the extent Seller obtains moneys for the payment thereof as provided in this Clause. Seller shall pay Buyer any sale proceeds not needed for the purposes specified above. (iv) Seller may take any other remedy available at law or in equity to require Buyer to perform its obligation hereunder. Section 12.3. Return of Equipment Upon the termination of this Contract prior to the payment of all Installment Purchase Payments in accordance with Exhibit B, Buyer shall return the Equipment to Seller in the condition, repair, appearance and working order required in Section 7.2, in the following manner as may be specified by Seller: (i) by delivering the Equipment at Buyer's cost and expense to such place within the State as Seller shall specify; or (ii) by loading such portions of the Equipment as are considered movable at Buyer's cost and expense, on board such carrier as Seller shall specify and shipping the same, freight prepaid, to the place specified by Seller. If Buyer refuses to return the Equipment in the manner designated, Seller may repossess the Equipment and charge to Buyer the costs of such repossession or pursue any remedy described in Section 12.2. Section 12.4. No Remedy Exclusive. No remedy conferred upon or reserved to Seller by this Article is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given • 12 -3 under this Contract. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof but any such right and power may be exercised from time to time and as often as may be deemed expedient by Seller or its assignee. Section 12.5. Agreement to Pay Attorneys* Fees and Expenses In the event either party to this Contract should default under any of the provisions hereof and the nondefaulting party should employ attorneys and /or incur other expenses for the collection of moneys or for the enforcement of performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the defaulting party agrees that it will on demand therefor pay to the nondefaulting party the reasonable fee of such attorneys and /or such other reasonable expenses so incurred by the nondefaulting party. In the event that legal proceedings relating to this Contract (but not including an action by a nondefaulting party against a defaulting party) are commenced in any court or before any other tribunal of competent jurisdiction, the reasonable legal fees and other reasonable costs and expenses of the prevailing party shall be paid by the nonprevailing party on demand of the prevailing party. Section 12.6. Late Charae Whenever any event of default referred to in Section 12.1, Clause (i) hereof shall have happened and be continuing with respect to the Equipment, Seller shall have the right, at its option and without any further demand or notice, to require a late payment charge for each thirty (30) day period or part thereof during which such event of default occurs, equal to four percent (4 %) of the delinquent amount, and Buyer shall be obligated to pay the same immediately upon receipt of Seller's written invoice therefor; provided, however, that this Section 12.6 shall not be applicable if or to the extent that the application thereof would affect the validity of this Contract. 12 -4 • ARTICLE XIII ADMINISTRATIVE PROVISIONS Section 13.1. Notices All notices, certificates, legal opinions or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or deposited in the United States mail in registered form with postage fully prepaid to the addresses specified on the first page hereof; provided that Seller and Buyer, by notice given hereunder, may designate different addresses to which subsequent notices, certificates, legal opinions or other communications will be sent. Section 13.2. Financial Information During the Term of this Contract, Buyer annually will provide Seller with current financial statements, budgets, proof of appropriation for the ensuing fiscal year and such other financial information relating to the ability of Buyer to continue to pay the Installment Purchase Payments required under this Contract as may be requested by Seller or its assignee. Section 13.3. Binding Eff ect. This Contract shall inure to the benefit of and shall be binding upon Seller and Buyer and their respective successors and assigns. Section 13.4. Severability In the event any provision of this Contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 13.5. Amgndments, Changes and i n. This Contract may be amended or any of its terms modified only by written document duly authorized, executed and delivered by Seller and Buyer. Section 13.6. Captions The captions or headings in this Contract are for convenience only and in no way define, limit or describe the scope or intent of any provisions, Articles, Sections or Clauses of this Contract. Section 13.7. Further Assurances and Corrective InStruments Seller and Buyer agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Equipment hereby leased or intended so to be, for indicating the Commencement Date and for carrying out the expressed intention of this Contract. • 13 -1 Section 13.8. Execution in Counterparts This Contract may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 13.9. Applicable Law This Contract shall be governed by and construed in accordance with the laws of the State. IN WITNESS WHEREOF, Seller has caused this Contract to be executed in its corporate name by its duly authorized officer; and Buyer has caused this Contract to be executed in its name by its duly authorized officer, as of the date first above written. NORWEST INVESTMENT SERVICES, INC., Seller By Its CITY OF HUTCHINSON, MINNESOTA, Buyer By It • 13 -2 EXHIBIT A EQUIPMENT The Equipment which is the subject of the attached Contract is as follows: Quantity Description Serial Number n U lJ A -1 0 EXHIBIT B SCHEDULE OF INSTALLMENT PURCHASE PAYMENTS Buyer: City of Hutchinson, Minnesota Date of Contract: , 1990 Number and Frequency of Payments: Fiscal Year of Buyer: Installment Purchase Payment Schedule Due Payment Total Principal Interest Prepayment Date Number Payment Component Component Price * • * After payment of Installment Purchase Payment due on such date. • B -1 EXHIBIT C CERTIFICATE OF ACCEPTANCE I, the undersigned, hereby qualified and acting Hutchinson, Minnesota (Buyer); and, Installment Purchase Agreement date( Contract), by and between Buyer and Services, Inc. (Seller), that: certify that I am the duly of the City of with respect to the 1 1990 (the Norwest Investment 1. The equipment described in the Contract (the Equipment) has been delivered and installed in accordance with Buyer's Specifications (as that term is defined in the Contract) and has been accepted by Buyer. 2. The lease - purchase payments provided for on Exhibit B to the Contract (the Installment Purchase Payments) shall be due and payable on , 19_, and the of each thereafter, in the amounts shown on Exhibit B to the Contract. 3. Buyer has appropriated and /or taken other lawful actions necessary to provide moneys sufficient to pay all Installment Purchase Payments required to be paid under the • Contract during the current fiscal year of Buyer, and such moneys will be applied in payment of all Installment Purchase Payments due and payable during such current fiscal year. Buyer will budget for, request, appropriate, provide and otherwise obtain and make available sufficient moneys to pay all Installment Purchase Payments required to be paid under the Contract during the Term of the Contract (as that phrase is defined in the Contract), and such moneys will be applied in payment of such Installment Purchase Payments. 9. Buyer has obtained from a reputable insurance company qualified to do business in the State of Minnesota (the State) insurance with respect to all risks required to be covered thereby pursuant to Article VI of the Contract. 5. The Equipment is exempt from all personal property taxes, and Buyer is exempt from sales and /or use taxes with respect to the Equipment and the Installment Purchase Payments. 6. During the Term of the Contract, the Equipment will be used by Buyer to perform essential governmental functions. 7. There is no litigation, action, suit or proceeding pending or before any court, administrative agency, arbitrator or governmental body, that challenges the organization or C -1 existence of Buyer; the authority of Buyer or its officers or its employees to enter into the Contract; the proper authorization, approval and /or execution of the Contract and other documents contemplated thereby; the appropriation of moneys, or any other action taken by Buyer to provide moneys sufficient to make Installment Purchase Payments coming due under the Contract; or the ability of Buyer otherwise to perform its obligations under the Contract and the transactions contemplated thereby. Dated: 1990. By CITY OF HUTCHINSON, MINNESOTA, Buyer It • 0 L