No preview available
cp10-31-1989 cr • AGENDA SPECIAL MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 31, 1989 1. Call to Order - 4:30 P.M. 2. Ordinance No. 89 -10 - An Ordinance Amending Chapter 2, Section 2.11 Of The 2nd Series City Code of The City Of Hutchinson Entitled Salaries Of Mayor And Aldermen Action - Motion to reject - Motion to waive second reading and adopt 3. Consideration of Second Reading of Ordinance Rezoning Former Reese Property From R -2 To C -2 (DEFERRED SEPTEMBER 26, 1989) Action - Motion to reject - Motion to waive second reading and adopt Ordinance No. 89 -07 • 4. Consideration of Quit Claim Deed for Driveway Easement From R & T Co. Action - Motion to reject - Motion to approve and enter into agreement 5. Appointments: a) Delores Brunner - Pioneerland Library System Board b) Murray Swenson - City Tree Board c) Virgil Voigt - City Tree Board 6. Adjournment r1 I�_J October 26, 1.989 ARNOLD & McDOWELL ATTOR-21T EY S AT LAM 101 PARK PLACE HUTCHIYSOV, MI-V-NESOTA 55750 Honorable Paul Ackland 148 Hassan South Hutchinson, Mn. 55350 (312) 587 -7575 TELECOPIER 1013) 501 -3090 RESIDENT ATTORNEY Q. BARRY ANDERSON Re: Per Diem Payments Our File No. 3188 -89 -0136 Dear Paul: Or c.V9SEL WILLIAM W. CAMERON PALL D. DOVE 5601 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 5:41.1 10121545 -00130 MN TOLL FREE 800. 340.6545 TELECOPIER (012) 545.1790 5OI SOUTH FOURTH STREET PRIN3ETON. MINNESOTA 55:1>I (31-1) -3119 -2214 TELECOP[ER 1312) 3R9 -5500 0;1959 �N jjECEIVF.D ?Y.. It is my understanding that you do desire to have a per diem system instituted in the City of Hutchinson in addition to the • compensation increase that was passed at our regular City Council meeting and for which a special meeting will be held next Tuesday evening, October 31, 1989. It is my conclusion that in order to make a per diem compensation system effective, it will need to be adopted in the same manner in which salaries of the mayor and members of the Council are fixed by ordinance as provided by Minnesota Statute Section 415.11. Clearly, a City could make reimbursement for expenses relative to performance of official duties without running afoul of this statute. However, per diem payments are really a form of compensation for lost time and therefore are equivalent to a salary. I would suggest that perhaps language similar to the following would be appropriate if you wish to pursue the subject of per diem payments: "The Mayor shall be allowed as additional compensation the sum of $25 as a per diem payment for each half day meeting and $35 as a per diem payment for each full day meeting, attended by the Mayor on behalf of the City of Hutchinson. The per diem allowance shall not be paid for City Council meetings and shall be limited to a total per diem payment of $ per (month) (year). • AN DAVID B. ARNOLD CHARLES R. CARMICRAEL GARY D. MCDOWELI. STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. HOGS LAURA K, PRETLAND nAVID A. BRUEGOEMANM JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD O. MCGEE October 26, 1.989 ARNOLD & McDOWELL ATTOR-21T EY S AT LAM 101 PARK PLACE HUTCHIYSOV, MI-V-NESOTA 55750 Honorable Paul Ackland 148 Hassan South Hutchinson, Mn. 55350 (312) 587 -7575 TELECOPIER 1013) 501 -3090 RESIDENT ATTORNEY Q. BARRY ANDERSON Re: Per Diem Payments Our File No. 3188 -89 -0136 Dear Paul: Or c.V9SEL WILLIAM W. CAMERON PALL D. DOVE 5601 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 5:41.1 10121545 -00130 MN TOLL FREE 800. 340.6545 TELECOPIER (012) 545.1790 5OI SOUTH FOURTH STREET PRIN3ETON. MINNESOTA 55:1>I (31-1) -3119 -2214 TELECOP[ER 1312) 3R9 -5500 0;1959 �N jjECEIVF.D ?Y.. It is my understanding that you do desire to have a per diem system instituted in the City of Hutchinson in addition to the • compensation increase that was passed at our regular City Council meeting and for which a special meeting will be held next Tuesday evening, October 31, 1989. It is my conclusion that in order to make a per diem compensation system effective, it will need to be adopted in the same manner in which salaries of the mayor and members of the Council are fixed by ordinance as provided by Minnesota Statute Section 415.11. Clearly, a City could make reimbursement for expenses relative to performance of official duties without running afoul of this statute. However, per diem payments are really a form of compensation for lost time and therefore are equivalent to a salary. I would suggest that perhaps language similar to the following would be appropriate if you wish to pursue the subject of per diem payments: "The Mayor shall be allowed as additional compensation the sum of $25 as a per diem payment for each half day meeting and $35 as a per diem payment for each full day meeting, attended by the Mayor on behalf of the City of Hutchinson. The per diem allowance shall not be paid for City Council meetings and shall be limited to a total per diem payment of $ per (month) (year). • AN i4 Honorable Paul Ackland October 26, 1989 % Page 2 In addition to the above, the Mayor shall be entitled to reimbursement of reasonable expenses incurred while traveling outside the City on business of the City." Please get back to me at your earliest convenience regarding this change. If we intend to make the change, we should amend the ordinance this coming Tuesday at the time of our special meeting. Thank you. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA:lm CC Ken Merrill Gary Plotz • • • • ORDINANCE NO. 89 -10 AN ORDINANCE AMENDING CHAPTER 2, SECTION 2.11 OF THE 2ND SERIES CITY CODE OF THE CITY OF HUTCHINSON ENTITLED SALARIES OF MAYOR AND ALDERMEN THE CITY OF HUTCHINSON ORDAINS: Section 1. SEC. 2.11. of the 2nd Series City Code of the City of Hutchinson, entitled SALARIES OF MAYOR AND ALDERMEN, which reads as follows: Salaries of the Mayor and Aldermen are hereby fixed as follows, which amounts are deemed reasonable: Subd. 1. The monthly salary of the Mayor shall be $500.00. Subd. 2. The Monthly salary of each Alderman shall be $324.00. Subd. 3. The salaries provided for herein shall be effective January 1, 1988. • is hereby amended to read as follows: Subd. 1. The monthly salary of the Mayor shall be $565.00. Subd. 2. The monthly salary of each Alderman shall be $359.00. Subd. 3. The salaries provided for herein shall be effective January 1, 1990. Adopted by the City Council this 31st day of October , 1989. ATTEST: Gary D.,Plotz City Administrator Paul L. Ackland Mayor e2lf (612) 587 -5157 ITY OF HUTCHINSON /ASHINGTON AVENUE WEST 'HINSON, MAN, 55350 M E M O DATE: October 30th, 1989 TO: City Administrator Mayor and City Council City Attorney FROM: James G. Marks, Building Official RE: Consideration for 2nd Reading, Re- Zoning the Former Reece Property from R -2 to C -2 Today, I received a revised Site Plan from Mr. Robert Hornick and Mr. Bale Danberg on the Burger Bing /Total Convenience Store /Former Reece Property for your consideration. • The Site Plan does include all four buildings. Items yet to be changed or addressed are noted on the plans dated October 12, 1989, Marlow Priebe's letter dated July 17, 1989, and my memo dated June 26, 1989. These items must be corrected prior to Building Permit issuance. The curb cut /entrance permit has been approved. JGM/pv attachments cc: Wayne Thompson, Burger Ling Kale Danberg, Building Expertise Marlow V. Priebe, City Engineer Mr. David Medin Robert Hornick, Owner File r1 1�J lb M04� 904no!0.17 'James. Mark& - - - -- - Building Official .�"�7� [l 0 r 12) 587 -5151 TY OF HUTCH/NSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 September 8th, 1989 Mr. Ken Novotny Minnesota Dept. of Transportation 2505 Transportation Road P.O. Boa 768 Willmar, MN 56201 V RE: Entrance Permit V Dear Ken: Enclosed is the approved Entrance Permit for Robert Hornick's site at the intersection of T.H. 7/22 and 15. This permit request is for three (3) new entrances for the total site being developed. The boundary of said site is shown on the attached drawing. MVP/PV enc. Sincerely, CITY OF HUTCHINSON Marlow V. Priebe Director of Engineering rally. APPLICATION FOR ACCESS DRIVEWAY PERMIT D rtrifp Permit b4 [Mo. No. Print or type app:.cation. Sign In space provided. Supmrt 7 copies to local office of Minnesota Department of Transportation. ATTACH TO ALL 3 COPIES, A SKETCH OF THE PROPERTY, PRESENT AND PROPOSED DRIVEWAYS AND RELATION TO TRUNK HIGHWAY, SUCH SKETCHES SHALL BE DRAWN TO SCALE WHEN REQUIRED BY THE ENGINEER. < e- .- -Owner a mss. �Y e,/; - Property ddress ,(� r N.UP rO.vlr�t ` Tel. Location of propoIsed driveway: (circle one) (Specific road, landmark, or road intersection) T.H. y /a27 ? /gin M(VC f`D Count c- SL" St'F� PL �1/ M "In N 5 E W of Legal Description of Property iJ Gan- ,e rL — , l -4 w 5 Ala �1 ff /S Purpose of Residence Driveway Proposed Is Building to No 6 ' �y rz4 Commercial (Specify Type) Public Street be Constructed © yes (T ype)AVO aJ i�O d/� Bu�K. Will she Temporary or Property ® Platted or Distance from center of highway to front y Building be Permanent ism Unplatted Area of building, or front of pump island is 5'r VL e. p "q, J fee Lanes is Show feet & inches hi herf b -JL Level No. of Present Driveways Date Driveway is needed ei�k (6k, lower? with highway to Property 5r irk v (f ( 1gg7 Give Exact Location of Proposed Driveway to Property Zn�-PG Si. r,�-/7y4-0 Give Exact Location of Present S PL �� f Driveway to Property s °'p +r 'r^J 1, We, the underf+gnsp_ herewith make application for permission to construct the access driveway at the abpve Iocat.on, said driv Mray to be construeiW to con' With the regulations of the Minnasota Department of Transpor lotion and to any special provisions inc Wded T the permit. It is agreed that all work will be der the satisfaction of the Minnesota Department of Transpurra tion. It is further agreed that no work in connection with this apoliation will be started until the a: cation Is ap Pru'.ap and the permit Issued. It is eapress:y understood that this permit is conditioned upon replacement or restoration of the trunk highway 10 lbc nai or t0 a 1sL{facrory cOndiLOn. It Is further understood char this Permit is Issued subject to the approve) of local biv, village or borough authorities having I Supervision Over said Street or highway. It is further understood that this permit Is issued subject t0 ipplicdnt's CO2M011lL. wim the ruless and regulations of Minnesota Environmental Quality Council and any other affected governmental agencies. v1- •L/r �ry - - Qvs y Ga�Y GAglNIIY 4I(Iv? — Adak Data ACCESS DRIVEWAY OR ENTRANCE PERMIT NOT VALID UNLESS SIGNED AND NUMBERED Certified or Cashier's Check, or Money Order No. No Deposit Required A deposit of $ , payable to the Commissioner of Transportation, in the form of a Certified or Cashier's Check or Money Order shall accompany the application. For This Deposit Made by- . ew v Datric[ Deposit will be returned to applicant upon completion of item 5 (reverse side.) Use Only Special Provisions: After Permit it approved: All Work to be completed ea a State to furnish x culvert and -prto White to Applicant MINNESOTA DEPARTMENT OF TRANSPORTATION Tina to Disc Maint. O/lice ❑ Green to MsrnievillJir or Sec. Crew - Date Authonaed Signature July 17, 1989 Mr. David J. Medin Architects Plus 12 NE 3rd Street Box 367 Faribault, MN 55021 (612) 587.5151 ITY OF HUTCHINSON /ASHINGTON AVENUE WEST 'HINSON, MINN. 55350 RE: Bob Hornick - Hutchinson Project Dear Mr. Medin: In my review of Site Plan and Grading Plan for the above - reference project, I find the following changes or additions are needed: 1. Show the location of all existing water service curb stops. 2. Label each one that is not to be used in the development of the • site. As per City Policy it is necessary to disconnect at the watermain and close the corporation stop valve. 3. Show the location and size of all new water service lines. 4. Show the location of all existing sanitary sewer service leads that are to be used and the location and size of all new sanitary sever service leads. 5. Relocation of the hydrant is the property owners expense. It should be noted if the relocation is to be done by the developer or the City. 6. The catch basin in the southeast corner of the property is show connecting to the existing storm sewer on T.H. 7/22. It will be necessary to obtain approval of puch:'connection from the Department of Transportation and submit copy oCeame to the City. 7. Only a portion of the existing County Ditch /31 tile system through the site appears to be correct. I have marked same in red. It will be necessary to locate and show the entire system correctly. Reconstruction of manholesto catch basins 'ill require detail drawings which we will submit to the County for approval. All'site drainage to be picked on site. The structures on the highway are not designed to handle the additional run -off. Recommended changes in the site drainage is show • in green on the enclosed copy of your Plan G -1. 8. A detailed draving, to scale, of the fence, retaining wall and curb and El July 17, 1989 Page 2 8. continued gutter on the west property line is required. 9. A detailed drawing, to scale, of the fence and driveways on the northeast side of property is required. 10. A detailed drawing, to scale, of the retaining wall on the east property line is required. All construction within the highway right of way will require a permit from the Department of Transportation. A copy of the permit is required to be submitted to the City before construction begins. Any new entrances will require permits from the Department of Transportation and copy of same shall be submitted to the City. Work on items 2, 3, 4 and 5 listed above shall be done only by a contractor that has been approved by the City Engineering Department. Kindly review your A -1 and C -1 plans and have all facilities correct on both. If you have any questions, please contact me. Sincerely, CITY OF HUTCHINSON ��'?t �� Marlow V. Priebe City Engineer Enclosures cc: Bob Hornick Jim Marka, Building Official • C� J • 0 s (612) 587415% ITY OF HUTCHINSON ✓ASH/NGTON AVENUE WEST HINSON, MINN. 55350 M E M 0 DATE: June 26th, 1989 TO: G. Barry Anderson, City Attorney Planning Commission Planning Staff Marlow V. Priebe, City Engineer.i George F. Field, Fire Marshal Gary D. Plots, City Administrator FROM: James G. Marks, Building Official RE: Plan Review for Burger Ring, Auto Car Wash 3 Convenience Store Attached are my plan review comments for the City Attorney and Planning Staff review on the above- referenced subject Site Plan, submitted 6 -19 -1989. go4nm 101.17 Janes G. Mark& Building Official JGM/pv attachment cc: Bonnie Baunetz (Planning Commission Agenda File) File - (Keep with Site Plan Drawings) N PRELIlf1NART PLAE REVIEW FOR THE BURGER RING, AUTO CAR WASH A COMVMENCE STORE C-1) Show the fire hydrant relocation. • 2) Confirm on -site storm drainage, sever and rater service availability and design with Marlow Priebe, City Engineer. 0.3) A11 3 land uses are permitted in a C -2. No Conditional Use Permit is needed. ,,1,4) Added or changed curb openings require Department of Transportation approval. -,5) Existing green space is existing but non - conforming. 6) Provide underground tank design approval from the Late Fire Marshal. drawings -j TAW-5 vJ OK 7) Provide 2 complete sets of building ngs signed by a Minnesota Registered Architect, Electrical and Mechanical Engineers. 4,8) A Demolition Pewit is necessary.- 16csci W 0.tnooeo. 9) Provide parking calculations and label the two wiping stalls required for the car wash exit. 0%-10) Show 50' setback from the residential property to the vest. 11) Show detailed curbing location. 12) Provide Hutchinson Utilities with the following: • A. Gas load of burger Ring pressure B. Gas load of Car Wash C. Gas load of Convenience Store D. Electric service size in amperage E. Electric service voltage F. Transformer A meter locations 13) Provide detailed drawing of fencing and bugoering. 14) Drawing to be submitted to the Department of Health Plumbing Code A Restaurant Divisions. 15) Show the front. yard setbacks - 25' -0" from Bey. 7. 16) Shield 101t,- Oyu° S4JvJ Te Gnt va:+h - kW.r s•rJo r ayst be �Sv' fighting and enclose trash. 17) Provide a statement agreeing to performance of Hutchinson's Zoning, Fire, building and Engineering standards. 18) Show 5' -0" side and rear yard parking setback between the car wash and other commercial uses. aV,19) Show 50' side and year yard parking setback between car wash parking area and residential lot line. 20) Show vacuum screening. N 0 ORDINANCE NO. 89 -07 AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP THE CITY COUNCIL OF THE CITY OF HUTCHINSON ORDAINS: THAT the following described real property is hereby rezoned from R -2 (Residential District) to C -2 (Commercial District). Beginning at an iron stake on the east line of Lot 12 in Block 12, Townsite of Hutchinson, North Half, 92 feet south from the northeast corner of said Lot 12; thence westerly on a line parallel with the north line of said Lot 12 to an iron stake on the west line of said Lot 12 which is 92 feet south from the northwest corner of said Lot 12, thence in a southerly direction on the west line of said Lot 12 to an iron stake which is 158 feet northerly from the southwest corner of said Lot 12, thence easterly 30 feet to an iron stake which is 158 feet northerly from the south line of said Lot 12; thence southeasterly to an iron stake which is 37.6 feet easterly for the west line of said Lot 12 and • 143 feet northerly from the south line of said Lot 12, thence easterly to an iron stake on the east line of said Lot 12 and which iron stake is 138 feet northerly from the southeast corner of said Lot 12; thence northerly on the east line of said Lot 12 to the point of beginning, and including all the tract within the boundaries above set forth. Adopted by the City Council this 31st day of October, 1989. Gary D. Plotz City Administrator • Paul L. Ackland Mayor M • • DAVID B. ARNOLD CHARLES R. GdRMICHAEI GARY D. WDOwELL STEVEN A. ANDERSON G. BARRY ANDERSON STEVEN S. HOGE LAURA R. FRETLAND DAVID A. BRUEGGEMANN JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD G. MO3EE October 19, 1989 A13NOLD & MGDOWELL ATTORNEYS AT LAW 101 PARR PLACE HUTCHINSON. MINNESOTA 55350 (612)587 -7575 TELECOPIER(612) 587 -4086 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON Re: R & T Company, a Partnership Our File No. 3188 -89 -0131 Dear Gary: OP GOVNSEL WILLIAM W. CAMERON PAUL D. DOVE 5861 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55410 (612) 545 -9000 MN TOLL FREE 800 -343 -4545 TELECOPIER(612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612)389 -2214 TELECOPIER(012) 389 -5506 ��rtsss I am enclosing herewith a Quit Claim Deed, the execution of which should be authorized by the City Council at the next regularly scheduled City Council meeting. I have reviewed this matter with the City Engineer and he concurs with the decision to execute the Quit Claim Deed. The City is the successor in interest to certain driveway rights which were originally reserved in 1912 by John and Arthur Jorgenson. The Jorgensons were the owners of Lots 9 and 10, where the current City garage is located. The City has no interest or use for either the water connection or the driveway and therefore, the deed should be approved and duly executed. If you have any questions in connection with this matter, you certainly should feel free to contact me. Thank you. Very CJ "try Anderson GBA m Enclosure CC Neil Jensen INOS..YieINQs` w llA Yra,pNnbA IN /YIMI/Ile No delinquent taxes and transfer entered; CernRcate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19_ County Auditor STATE DEED TAX DUE HEREON: S exempt per Minn. Stat. 287.22 Date: , 19 89 FOR VALUABLE CONSIDERATION. Cit 5""(1979) ...... .... . ..... ... ..n. ... ..... . (reserved for recording data) �mrnanamA I Grantor (s), hereby convey (a) and quitclaim (a) to R i T Co., a partnership a partnership under the laws of Minnesota .Grantee, real property in McLeod County, Minnesota, described as follows: Easement for driveway purposes along the North line of West 65 feet Of the South 52 feet of Lot 9 in Block 8, Townsite of Hutchinson South Halff also right to maintain water connection, all such rights as specifically reserved in that certain Warranty Deed dated May 11 1937, filed for record May 26, 1937, at 4:00 P.M, in Book 66 of Deeds,page 75. Grantor hereby releases any and all claims in and to said driveway easement. The total consideration for this transfer of property is $500.00 or less. (I1" -prtnn W.caminut en b.l together with all hereditaments and appurtenances belonging thereto. Atfie Ue.rd J.">; r,l i.l' Ili rr STATE OF MINNESOTA COUNTY OF McLeod y , The foregoing instrument was acknowledged before me this day of , I9 by NOTARIAL STAMP OR SSAL (Oa OTNEa TITLE OR RANK, I MUMSTa ZWWAS DRAFTED BY MANE AND AGDIRraNi Diane L. Gordon JENSEN G GORDON 22 North Main Street Hutchinson, MN 55350 Telephone (612) 587 -2046 Atty. Reg. No. 175586 Grantor (a). MONATOREOr PLReONTANINOACNNOWLLDCN[NT T.z aYYMNY Ir1 Y. rW MNnr a MAMO Y YY YuutM.n(,awM M w1 N IItNW. trueA Wr,M ar SrNY.): R i T Co., a partnership 433 Third Street Red Wing, MN 55066 E 0 • C AGENDA SPECIAL CITY COUNCIL MEETING TUESDAY, NOVEMBER 7, 1989 1. Call to Order - 9:00 P.M. 2. Canvassing of Election Results Action - Motion to waive reading and adopt Resolution No. 9128 3. Hotovec Contract for Auction of Trailers Action - Motion to reject - Motion to approve and enter into contract • 4. Discussion of Date to Discuss Downtown Sprinkling Action - 5. Adjourn F- 1 L J n U • RESOLUTION NO. 9128 RESOLUTION CANVASSING ELECTION RETURNS OF CITY GENERAL ELECTION HELD NOVEMBER 7, 1989 WHEREAS, the City Council has duly met as a canvassing board as required by the City Charter for the purpose of canvassing the election returns of the City General Election held November 7, 1989, wherein optical scan voting systems were used for the casting of votes in every voting precinct of the City, and WHEREAS, the City Council has duly inspected the Return Sheets of each pre- cinct using optical scan voting systems at said election, prepared and certified to by the election officers of the several precincts in which the election was held, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON THAT: 1. Said election returns be hereby canvassed, and the number of votes re- ceived by each candidate voted upon at such election, together with the number of absentee ballots and spoiled ballots, if any, is hereby determined to be as follows: GENERAL ELECTION Office Favor _ 2 Year Term Paul L. Ackland Write -Ins Alderman - 4 Year Term (2) Craig Lenz John Flinar Robert R. Schwanke Jchn Tapio Write -Ins NO. OF PEF: ijNS VOTING IN PERSON ABSENTEE BALLOTS SPOILED BALLOTS TOTAL VOTERS Total Precincts Votes 1 2 3 4 5 937 145 229 272 149 142 47 9 9 9 9 11 678 82 191 204 96 105 741 122 169 231 113 106 276 66 57 67 44 42 355 602 6Q 96 66 59 1,078 177 2544 307 175 165 26 1 2 17 1 5 6 1 0 4 0 1 1,104 178 256 324 176 170 is 2. That the total good ballots cast at said election was 1,104 . • • RESOLUTION NO. 9128 PAGE 2 3. Upon the basis of such returns the following persons have been duly elected to the respective offices as hereinafter set forth: Mayor _ 2 Year Term Paul L. Ackland Alderman - 4 Year Term Craig Lenz John Mlinar 4. That the Judges of said election were as follows: Precinct #1 Eva Maas Rosina Johnson Ruth Hagen Mary Vangerin Helen Lickfelt Precinct #2 Sedona Miller Delaine Rolfe Phyllis Veseloh Evelyn Prochnow Charlotte Bye Precinct #3 Doris Daggett Evelyn VanHale Darleen Knigge Teri (Marie) Antony Gladys Madson Precinct #4 Jo Gilhousen Noma Schepers Harriet Vixcey Pearl Seale Arlis Clabo Precinct #5 Grace Kotte Harriet Schmidt Rose Kadlec Mary J. Brummond Irma Kreie Registration Fern Frank Norma Totushek • 5. That the attached is a true copy of the ballot used as absentee ballot in said election. • RESOLUTION NO. 9128 Adopted by the City Council this 7th day of November, 1989, Vaul L. Ickland Hayor ATTEST: Gary D. Plotz • City Administrator L J P SONAL PROPS Y AUCTION CON` RACT Agreement for Sale of Personal and Chattel Property by Auction Agreement made this ___1St_______________ day of __ NovPIMber -------- ------ - ------- 1 19_ &9_ between •City -ef-- Hutchinson, - -City - Hall,-- Hutchii;son,__Mn_ 55350.--------------------------------- Of -------------------------------------------------- --------------- -- -- ------- hereafter called Seller, and __GdKy_Hotovec,_JoM- Yrvaei_ 1_ Gerrit- _S�r tfl____-- .-_ -..._- hereafter called Auctioneers. The auctioneer hereby agrees to use his professional skill, knowledge, and experience to the best advantage of both parties in preparing for and conductive the sale. The seller he.ebv agrees to turn over and deliver to the auctioneers, to be sold at public auction the items listed below and on the reverse side and attached sheets. No item shall be sold or withdrawn from the sale prior to the auction except by mutual agreement between seller and auctioneer. If item is sold or withdrawn auctioneer shall receive full commission on the item. - _.ApzQx --- --------------------- --------- ----------- ---- ------- The auction is to be held at __City__ Garage,_ So.- 1taY__ 22r._ HutchinSOne ._MA----------------- on the ---- 20th------------ day of _N0Yennter,__1989 19 ------ And in case of postponement because of inclement weather, said auction will take place on !ater date agreeable to both parties. It is mutually agreed that all said goods be sold to the highest bidder, with the exception of items specified by seller In writing to be protected. Auctioneer shall receive full commission on any item withdrawn from sale or transferred or sold within 60 days after the auction. It Is further mutually agreed that the auctioneers may deduct their fee at set rate below from the gross sales receipts, resulting from said auction sale. The auctioneers agree to turn net proceeds from sale over to seller immediately following auction, along with sale records and receipts. The seller agrees that all expenses incurred for the advertisement, promotion, • and of conducting said auction shall be first paid from the proceeds realized from said auction before the payment and satisfaction of any leins or encumbrances. The seller covenants and agrees that he has good title and the right to sell, and said goods are free from all incumbrances except as follows: (if none WRITE NONE) ____________ Item Mortgage or Lein Holder Address Approximate Unpaid Balance ------------------------------ WDNF------------------------------------- -- ----- -------------- ---- -- -- -- -------------------------------------------------------------------------------------------------------- ------------------------- --------------------------------------------------------------------------- Seiler agrees to provide merchantable title to all items sold and deliver title to purchasers. Seller agrees to hold harmless, the auctioneers against any claims of the nature referred to in this contract. Seller agrees to pay all sale expenses Including: Auctioneer's Fee____20_%__pn_lst_$,5000.00 Clerk's Fee___ included_______________ Cashier's Fee__________________________ _ Other Personnel ---------- ___--------- Advertising _____________�__ Other • -- -- T - - -- -- - - - - -- i (Auctlaneer's Signature) (Seller's Signature) (Telephone) -- ------ - --- ----------------------------------- (Sellers Signature, ( Telephcne)