cp07-11-1989 cHUTCHINSON
CITY
CALENDAR
WEEK OF
juiv ,9 T 0
19 8 !)
WEDNESDAY
-12-
10:00 A.M. - Directors Meeting
SUNDAY
-9-
THURSDAY
-13-
MONDAY
-10-
Summer
Recreation
FRIDAY
-14-
WATION & SICK LEAVE:
CANE OLSEN - July 10 -28
Sick Leave
kRK SCHNOBRICH - July 10 -17
TUE &Y
-11_
1:45 A.M.
- CAER Committee
Meeting
2:00 P.M.
- Open Bids at City
Hall for Burns
Manor Renovation
and Lettings 5 & 6
7:30 P.M.
- City Council
Meeting at City
P�
Hall
SATURDAY
-15-
AGENDA
REGULAR MEETIAG - HUTCHIASOA CITY COUACIL
TUESDAY, JULY 11, 1989
1. Call to Order - 7:30 P.M.
2. Invocation - Rev. Dan Cloeter, Our Savior's Lutheran Church
3. Consideration of Minutes - Regular Meeting of June 27, 1989 and
Board of Review Minutes of June 27, 1989
Action - Approve as distributed - Approve as amended
4. Routine Items
(a) Reports of Officers, Boards and Commissions
1.
Building
Official's Report -
June
1989
2.
Library
Board Minutes of June
22,
1989
3. Hospital Board Minutes of May 16, 1989
(b) Request for Use of Library Square for Arts & Crafts Festival On
September 15 -16, 1989
Action - Motion to order report and minutes filed and approve request
5. Public Hearing - 8:00 P.M.
(a) Assessment Roll No. 251 - Letting No. 4, Project No. 89 -05, 89 -06,
89 -07 And 89 -12
Action - Motion to close bearing - Motion to reject - Motion to approve
and adopt Assessment Roll No. 251 and award contract - Motion to waive
readings and adopt Resolutions
(b) Assessment Roll No. 243 -A - Letting No. 6, Project No. 88 -11
Action - Motion to close hearing - Motion to reject - Motion to approve
and adopt Assessment Roll No. 243 -A - Motion to waive reading and adopt
Resolution
6. Communications, Requests and Petitions
(a) Status Report On Lease Agreement for Youth Center (DEFERRED JUNE 27)
Actioii - Motion to reject - Motion to approve and enter into agreement
(b) Review of Gate In Alley West of Adams Street Between Food 'N Fuel And
• Fifth Avenue Southeast
Action -
1
CITY COUNCIL AGENDA - JULY 11, 1989
o
7. Resolutions And Ordinances
(a) Resolution No. 9034 - Resolution for Purchase
Action - Motion to reject - Motion to waive reading and adopt
(b) Resolution Mo. 9035 - Resolution Accepting $112,500 From The Hutchinson
Utilities Commission
Action - Motion to reject - Motion to waive reading and adopt
(c) Resolution No. 9037 - Resolution For Release And Substitution Of
Pledged Securities From First State Federal Savings & Loan Association,
Hutchinson, Minnesota
Action - Motion to reject - Motion to waiver reading and adopt
(d) Resolution No. 9038 - Resolution to Establish City Fees And Charges, Etc.
Action - Motion to reject - Motion to waive reading and adopt
8. Unfinished Business
(a) Report On Breakdown of Taxes for McLaughlin Property 0
9. New Business
(a) Consideration of Re- establishing Building Permits And Fees for
Reshingling And Residing
Action -
(b) Consideration of Retainage Reduction for Robert L. Carr Co. From
$10,000 To $5,000
Action - Motion to reject - Motion to approve
(c) Consideration of Sanitary Sewer Hook -Up To Tartan Park Concession
Stand
Action - Motion to reject - Motion to approve
(d) Consideration of Purchase of New Radar Equipment for Police Department
Action - Motion to reject - Motion to approve
(e) Consideration of Designation for Bicycle Auction Receipts
Action - Motion to reject - Motion to approve
2
CITY COUNCIL AGENDA - JULY 11, 1989
•
(f') Consideration of Sale of 81,525,000 General Obligation 1989 Improvement
Bonds
Action - Motion to reject - Motion to approve - Motion to waive reading
and adopt Resolution No. 9035
(g) Discussion of 1990 Tax Levy And City Budget
Action -
(h) Consideration of State Aid for Airport Maintenance and Operation
Action - Motion to reject - Motion to approve - Motion to adopt
Resolution No. 9036 and enter into agreement
(i) Consideration of Purchase Agreement for Helland Park Property
Action - Motion to reject - Motion to approve and enter into agreement
(j) Consideration of Worksite Agreement with Heartland Community Action
Agency
• Action - Motion to reject - Motion to approve
(k) Consideration of Applying for Maxi -Audit On City Hall And Old Fire
Station
Action - Motion to reject - Motion to approve and enter into agreement
(1) Consideration of Agreement With Dan Hudson Regarding Drive - Through
Window At "Subway"
Action - Motion to reject - Motion to approve and enter into agreement
10. Miscellaneous
(a) Communications from City Administrator
11. Claims, Appropriations And Contract Payments
(a) Verified Claims
Action - Motion to approve and authorize payment from appropriate
funds
• 12. AdJournment
5-3
e
MINUTES
REGULAR MEETING - HUTCHI UTCHIRSOA CITY CAURCIL
TUESDAY, JUNE 27, 1989
i. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow-
ing were present: Mayor Paul L. Ackland, Aldermen Mike Carls, John Mlinar,
Marlin Torgerson and Pat Mikulecky. Also present: City Administrator Gary
D. Plotz, Consultant Engineer Marlow V. Priebe and City Attorney G. Barry
Anderson.
2. INVOCATION
The invocation was given by the Reverend Randy Chrissis.
3. MINUTES
The minutes of the special meeting (hearing) of May 10, 1989, Board of Re-
view minutes of May 24, 1989, regular meeting of June 13, 1989, special
meeting of June 19, 1989 and bid opening minutes of June 20, 1989 were ap-
proved as distributed.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
• 1. FINANCIAL REPORT - MAY 1989
2. PLANNING COMMISSION MINUTES OF MAY 16, 1989
3. HRA MINUTES OF MAY 16, 1989 '
4. POLICE COMMISSION MINUTES OF JUNE 14, 1989
The motion was made by Alderman Mlinar, seconded by Alderman Torgerson
and unanimously carried, to order report and minutes filed.
5. PUBLIC HEARING
None.
6. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) PRESENTATION OF PLAQUES TO AFS STUDENTS
Mayor Ackland presented plaques to the 1988 -89 AFS students Juliana
Nacif, Brazil, and Luis Duran, Spain.
(b) REQUEST BY PROPERTY OWNERS TO INSTALL CURB AND GUTTER ON GRAHAM STREET
• Consultant Engineer Priebe commented on past City policy regarding pri-
vate construction of curb and gutter. He stated the policy has been
that the property owner(s) would be required to pay the engineering
fees up to 10%; if they have someone use the City plan and stake it,
1 3,
CITY COUNCIL MINUTES - JUNE 27, 1989
7
H
i
the charge would be 5%; if the City crew stakes it, the charge would be
10 °k.
Following discussion, Alderman Torgerson moved to approve Jim Hanson
installing curb and gutter at the property locations of 601, 602 and
603 Graham Street. Motion seconded by Alderman Carle and unanimously
carried.
(c) CONSIDERATION OF REQUEST BY CHRIST THE KING LUTHERAN CHURCH TO USE
LIBRARY SQUARE FOR CHURCH RALLY ON SEPTEMBER 10, 1989
The motion was made by Alderman Carle, seconded by Alderman Mlinar and
unanimously carried, to approve the request.
(d) STATUS REPORT ON LEASE AGREEMENT FOR YOUTH CENTER
Inasmuch as the City Attorney was still in the process of preparing the
lease agreement, this item was deferred to the next Council meeting.
(e) REQUEST FROM PURE CULTURE PRODUCTS, INC, FOR TEMPORARY STREET CLOSING
ON ADAMS STREET
Following discussion of the temporary closing on a designated section •
of Adams Street for July 19, 1989 from 1:00 to 4:00 P.M., Alderman
Carle moved to approve the request. Motion seconded by Alderman Mlinar
and unanimously carried.
RESOLUTIONS AND ORDINANCES
(a) ORDINANCE NO. 89 -01, SECOND SERIES - AN ORDINANCE ADOPTING A REVISION
AND CODIFICATION WITH CERTAIN ADDITIONS AND DELETIONS, OF ALL
ORDINANCES OF THE CITY OF HUTCHINSON, MINNESOTA
The motion was made by Alderman Torgerson, seconded by Alderman Miku-
lecky and unanimously carried, to waive second reading and adopt Ordi-
nance No. 89 -01,
(b) RESOLUTION NO. 9021 - RESOLUTION FOR PURCHASE
The motion was made by Alderman Carle, seconded by Alderman Torgerson
and unanimously carried, to waive reading and adopt Resolution.
UNFINISHED BUSINESS
(a) CONSIDERATION OF SELECTING SHORT - ELLIOTT - HENDRICKSON AS ARCHITECTURAL
FIRM TO PREPARE STUDY ON REMODELING OR REPLACEMENT OF CITY HALL WITH
RECOMMENDATION FROM SUB - COMMITTEE (DEFERRED JUNE 13, 1989)
City Administrator Plotz reported the subcommittee recommended Short -
Elliott- Hendrickson as the architectural firm to do the City Hall
study. Following discussion, Alderman Torgerson moved to approve the
2
•
6 CITY COUNCIL MINUTES - JUNE 27, 1989
recommendation and execute an agreement with Short- Elliott- Hendrickson
as the architectural firm. Motion seconded by Alderman Mlinar and car-
ried unanimously.
(b) CONSIDERATION OF AWARD FOR SECTION I1 FOR WATER TREATMENT FACILITIES
FILTER REHABILITATION AND CONTROL SYSTEM MODIFICATION PROJECT
(DEFERRED JUNE 13, 1989)
Mr. Chuck Barger of RCM recommended the City award the Section II con-
tract to Quade's Inc. and use Consolidated Electric Co. equipment, with
an increased cost of $5,000.
Following discussion, Alderman Carls moved to approve and enter into
contract as recommended by the consultant. Motion seconded by Alder-
man Mlinar and unanimously carried.
(c) CONSIDERATION OF PRELIMINARY COST ESTIMATE FOR ENGINEERING DESIGN AND
CONSTRUCTION SERVICES FOR DOWNTOWN WATER SERVICES AND SPRINKLING BY
DONOHUE & ASSOCIATES (DEFERRED JUNE 13, 1989)
Consultant Engineer Priebe reported Phase I of the Donohue preliminary
study would cost $4,500. The revised costs for Part II had increased.
is Following discussion, Alderman Mlinar moved to approve and enter into
agreement with Donohue & Associates, with clarification of wordage that
the City could stop after Phase I and would not have to enter into
Pbase(s) II and III. Motion seconded by Alderman Mikulecky and unani-
mously carried.
(d) CONSIDERATION OF WAIVING BUILDING PERMIT FEE FOR RCM PROJECT 14007.01
(DEFERRED JUNE 13, 1989)
It was reported that the specifications included the building permit
fee; therefore, the bidder would pay the building fee.
Alderman Mikulecky moved to approve and waive fee. Motion seconded by
Alderman Torgerson. Following discussion, Mikulecky and Torgerson
withdrew their motion and second respectively, Alderman Torgerson
moved to reject. Motion seconded by Alderman Mlinar and unanimously
carried.
9. NEW BUSINESS
(a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS
Following discussion, Alderman Mikulecky moved to discontinue service
at noon on July 3 unless other arrangements had been made. Notion sec-
onded by Alderman Torgerson and unanimously carried.
(b) CONSIDERATION OF CROW RIVER ARTS GUILD GRANT
3
CITY COUNCIL MINUTES - JUNE 27, 1989
46
The Crow River Arts Guild presented a grant proposal to the Council.
The terms of the grant were a 50/50 cost share for a three year period
commencing in 1990, with the total City outlay being $30,000, to estab-
lish a fine arts program within the park and recreation department.
Following discussion, Alderman Mlinar moved to approve the request for
$10,000 per year over a three year period. Motion seconded by Alderman
Mikulecky and unanimously carried.
(c) CONSIDERATION OF AGREEMENTS WITH GREEN THUMB PROGRAM AND WORK STUDY
WITH TECHNICAL INSTITUTE OF HUTCHINSON FOR SUBSIDIZED EMPLOYMENT
Following discussion, Alderman Carls moved to approve and enter into
agreements. Motion seconded by Alderman Mlinar and unanimously car-
ried.
(d) CONSIDERATION OF AWARDING BID FOR MID -SIZE VAN
Following discussion, Alderman Carls moved to approve and enter into
contract as recommended by Supervisor Doug Meier. Motion seconded by
Alderman Mlinar and unanimously carried.
(e) CONSIDERATION OF ABOLISHING COMMUNITY SERVICES OFFICER POSITION AND •
ESTABLISHING AN ADDITIONAL PATROL POSITION IN POLICE DEPARTMENT
Following discussion, the motion to approve was made by Alderman Carls,
seconded by Alderman Mikulecky and unanimously carried.
(f) CONSIDERATION OF PHYSICAL FITNESS PROGRAM POLICY FOR POLICE DEPARTMENT
The motion was made by Alderman Carls, seconded by Alderman Mlinar, to
approve the policy. Following discussion of granting a reward of 10
hours comp. time to each officer who attained a superior score per the
six month evaluation period, Alderman Mikulecky amended the motion to
delete item No. 5 from the policy. Amended motion seconded by Alderman
Torgerson and failed unanimously. Main motion unanimously carried.
(g) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DALE RANNOW TO
CONSTRUCT A GARAGE IN FLOOD FRINGE WITH FAVORABLE RECOMMENDATION OF
PLANNING COMMISSION
Following discussion, the motion was made by Alderman Mlinar to approve
the permit and waive reading and adopt Resolution No. 9022. Motion
seconded by Alderman Carls and unanimously carried.
(h) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JEFF MUNSELL TO
MOVE IN MODULAR UNIT FOR DANCE STUDIO WITH FAVORABLE RECOMMENDATION OF
PLANNING COMMISSION
Following discussion, Alderman Torgerson moved to approve permit and to •
waive reading and adopt Resolution No. 9023. Motion seconded by Alder-
4
0 CITY COUNCIL MINUTES - JUNE 27, 1989
man Mlinar and unanimously carried.
(i) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAN HUDSON TO
CONSTRUCT DRIVE THRU WINDOW AT "SUBWAY" RESTAURANT WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Following discussion of the City Attorney drafting an agreement for the
street right of way, Alderman Mikulecky moved to approve permit and to
waive reading and adopt Resolution No. 9024, Motion seconded by Alder-
man Carls and unanimously carried.
(j) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY TOM LUDOWESE FOR
ADDITION TO ACME CAR WASH AT 690 SOUTH GRADE ROAD WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Alderman Torgerson moved to approve permit and to
waive reading and adopt Resolution No. 9025. Motion seconded by Alder-
man Mikulecky and unanimously carried.
(k) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAVE ROSSMAN FOR
ADDITION TO GARAGE AT 604 HASSAN WITH FAVORABLE RECOMMENDATION OF
PLANNING COMMISSION
• Following discussion, Alderman Mlinar moved to approve permit and to
waive reading and adopt Resolution No. 9026. Motion seconded by Alder-
man Mikulecky and unanimously carried.
(1) CONSIDERATION OF FAVORABLE RECOMMENDATION BY PLANNING COMMISSION TO
ADOPT FLOOD PLAIN ORDINANCE WITH CODIFICATION
Following discussion, Alderman Mlinar moved to approve, Motion sec-
onded by Alderman Mikulecky and unanimously carried.
(m) CONSIDERATION OF ANNUAL REVIEW OF CONDITIONAL USE PERMIT GRANTED TO
TECHNICAL INSTITUTE OF HUTCHINSON FOR PORTABLE TRAINING UNITS WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Alderman Torgerson moved to approve the extended
conditional use permit. Motion seconded by Alderman Carls and unani-
mously carried,
(n) CONSIDERATION OF RECYCLING SPECIFICATIONS
During discussion, it was determined that Precinct 4 would be used as
the pi;;t area for the six -month curbside recycling test program.
Alderman Carls moved to refer this item to the City Attorney to prepare
a document with D.J. Enterprises for the July 11 Council meeting. Mo-
• tion seconded by Alderman Mlinar and unanimously carried.
(o) REVIEW OF CORRESPONDENCE FROM CITY ATTORNEY CONCERNING CONSTRUCTION
ANALYSIS MANAGEMENT
CITY COUNCIL MINUTES - JUNE 27, 1989
•
Attorney Anderson reported on his listing of problems with Construction
Analysis Management concerning the new police station. An expert in
professional construction services (Delpro Corporation) had reviewed
the management of C.A.N. and presented an analysis.
Following discussion, Alderman Torgerson moved to authorize the City
Attorney to enter into negotiation with C.A.M. regarding the Gopher
State contract and request C.A.M. to pay all of the City's damages.
Notion seconded by Alderman Mikulecky and unanimously carried.
(p) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING
ASSESSMENT HEARING FOR LETTING NO. 5, BLUFF STREET PROJECT
Following discussion, Alderman Carls moved to approve the preparation
of Assessment Rolls No. 252, No. 253, and No. 254, hold a public hear-
ing on July 26, 1989 at 7:00 P.M. in the Jr. /Sr. High School Cafeteria,
and to waive readings and adopt Resolutions No. 9027 -9032. Notion sec-
onded by Alderman Torgerson and unanimously carried.
(q) CONSIDERATION OF FIXED BASE OPERATOR AGREEMENT WITH TOM PARKER
Following discussion concerning item No. 5 in the agreement, it was the
consensus of the Council to delete it at this time and review the re-
quest for a separate entrance in six months.
Alderman Mikulecky moved to approve and enter into an agreement with
Tom Parker, with the deletion of item No. 5. Motion seconded by Alder-
man Mlinar and unanimously carried.
(r) CONSIDERATION OF INSURANCE RENEWAL
Mr. Dennis Potter, agent for Insurance Planners, presented a report on
property and casualty renewal and workers compensation. Following dis-
cussion, Alderman Torgerson moved to renew the various insurance con-
tracts for 1989 -90. Notion seconded by Alderman Nlinar and unanimously
carried.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
City Administrator Plotz stated that Dave Mooney was being nominated to
the Minnesota Amateur Baseball "Hall of Fame." Therefore, it was re-
quested that the Council adopt a Resolution of Appreciation for Dave
Mooney as Nominee. Alderman Carls moved to adopt Resolution No. 9033.
Notion seconded by Alderman Mlinar and unanimously carried.
It was reported that the annual City picnic will be held on August 23.
(b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS •
A
• CITY COUNCIL MINUTES - JUNE 27, 1989
Alderman Carls inquired about the reference to title for City Council
members in the new City Code Book. Upon being informed it was "Coun-
cil Member," he requested new name plates for the Council table,
Alderman Carls reported he had received feedback from the County re-
garding roofing and siding permits. Following discussion, it was re-
quested that the Building Official prepare a report to address this is-
sue.
(c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR
Alderman Mlinar commented about the building construction underway.
(d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON
Alderman Torgerson requested the Consultant Engineer to contact Mr,
Gilbertson at 385 Connecticut Street regarding when the street will be
completed.
It was noted that the mosquitoes were increasing greatly. The question
was raised by Alderman Carls as to bow the mosquito spray affected bird
life.
• (e) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY
Alderman Mikulecky mentioned that the sodding along Third Avenue which
was laid last year needed to be watered.
(f) COMMUNICATIONS FROM CITY ATTORNEY
City Attorney Anderson reported the Midwest Trailer Court owner had
contacted him regarding moving trailers into the park. The owner was
informed that he must meet all rules and regulations to comply before
any trailers could be moved into the park.
(g) COMMUNICATIONS FROM CONSULTANT ENGINEER MARLOW V. PRIEBE
Consultant Priebe reported that the proposed curb and gutter at the Pet
Hospital could be installed, without building additional catch basins,
at an estimated cost of $3,400. It was suggested that this amount be
taken out of the downtown parking fund.
Alderman Torgerson moved to approve the project and take funding out of
the downtown parking monies. Motion seconded by Alderman Mikulecky and
unanimously carried.
Engineer Priebe stated that letters were mailed to affected property
• owners concerning the sidewalk on South Grade Road from T.H. 15 to Dale
Street. Only three property owners on Keith Street responded that they
would give the City an easement. The Engineer stated that if there was
no easement along South Grade Road, the boulevard trees would be
7
CITY COUNCIL MINUTES - JUNE 27, 1989
removed and the sidewalk placed on the boulevard right -of -way.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion was made by Alderman Torgerson, seconded by Alderman Miku-
lecky and unanimously carried, to approve and authorize payment from
the appropriate funds, Motion unanimously carried.
12. ADJOURNMENT
There being no further business, the meeting adjourned at 9:30 P.M.
A
•
•
•
• MINUTES
BOARD OF REVIEW
TUESDAY, JUNE 27, 1989
LI
•
The Board of Review for Junker Sanitation Services was held on Tuesday, June 27,
1989 at 6:30 P.M. in the City Council Chambers, Present were: Mayor Paul L.
Ackland, Aldermen Mike Caris, John Mlinar, and Marlin Torgerson. Absent: Alder-
man Pat Mikulecky. Also present: City Administrator Gary D. Plotz, Manager
Wayne Albrecht and Attorney Lee La Bore, representing Junker Sanitation.
No residential or commercial user was present to be heard regarding refuse
service.
Attorney La Bore reported one business in town which Junker should be hauling
for was using another hauler, The matter was to be investigated.
A motion was made by Alderman Torgerson to close the Board of Review meeting at
6:35 P.M. Motion seconded by Alderman Caris and unanimously carried.
H
11
•
0
05726 n 1-71") li
,o,. C-404 LLS. DEPART. ENT Or COMMERCE
- - - war"UY ' APEN OVA EXPIRE
I
issael EueEAUa THE CENSUS
Pulod In sYhleAMTttEb Wwd I
JUNE 1989
IPIeaN correct any emn in rwu eri0 Mattes NcIUAvIp 21P Cowl
REPORT OF BUILDING OR
553
ZONING PERMITS ISSUED
AND LOCAL PUBLIC
CONSTRUCTION
103500 27 ? 9999 DA5 1 0
26 9999 02730
JAMES PARKA BLDG OFFICIAL
IIyourbuilding Permit System has
de plat
mark box below and explain
mentrowiate
In eomments.
CITY HALL 37 WASHINGTON AVE WEST
El Discontinued issuing permits
HtITL N INSON AN 55350
❑ Merged with another system
❑ Spilt Into two W more systems
❑ Annexed land areas
PLEASE COMPLETE AND MAIL I
❑ Had other changes
THIS FORM ON OR BEFORE
JUL 7 4. 1Q4j
if no permits were issued during
this period, mark fXl in the Dox —� ❑
Buruu of the Census
1201
Instructions ere included. For
and return this form
feel Tenth Station
further assistance, call collect
Jeffeeeonrlllti, IN 47732
13011763-7244.
EW RESIDENTIAL
PRIVATELY
OWNED
PUBLICLY OWNED
HOUSEKEEPING
Item
Number
of
Number
of
BUILDINGS
Nc
valuation of
Valuation of
Building,
Housing
Buildings
Housing
units
construction
Omit Cents
construction
7BUILDIINGS
lei
el
10
(d1
lei
unite
IN
Omit Cents
1
ily houses. detached
bile homes.
101
2
2
171
ly houses, attached
,316
by ground to roof well,
bove or below, and
hosting systems and utility meters.
ICoum each unit as a separate building)
102
Two - family buildings
103
Three and four - family buildings
104
Five -or more family buildings
108
TOTAL - Sum of 101 -JOB -y
109
2
2
171 316
RESIDENTIAL
PRIVATELY OWNED
PUBLICLY
OWNED
7NONHOUSEKEEPING
ILDINGS
Item
Number
of
Valuation
Number of
No
of
Valuation of
Buildings
Rooms
construction
Omu cents
Buildings
9
Rooms
construction
Omit cents
1a1
Ib1
Ic1
Ito
LI
111
1gl
Hotels, motels, end tourist cabins
(transient accommodations onlyl
213
Other nonhousekeeping shelter
214
NEW
NONRESIDENTIAL
PRIVATELY OWNED
PU
BLICLYOWNED
m
Number
Valuation of
Number
Valuation of
BUILDINGS
Item
No
buildings
construction
Omit cents
of
building,
construction
Oren cents
let
lbl
Ic)
Idl
el
Amusement, social, and recreational
310
Churches and otherreli i.us
319
Industrial
320
Parking garages )buildings and open decked)
321
Service stations and repair garages
322
Hospitals and institutional
323
Offices, banks, and professional
321
Public works antl utilities
326
Schools and other educational
326
Stores and customer services
327
Other nonresidential buildings
328
1
10,500
Structures other than buildings
329
9
B,2t5
ILTMrMM ADDITIONS,
ALTERATIONS, AND
PRIVATELY OWNED
PUBLICLY
OWNED
Number
Valuation of
Number
Valuation of
Item
CONVERSIONS
No.
of
buildinBa
construction
Omit cent,
of
buildings
construction
Omit Cents
(al
(b)
W
Ito
W
Residential - Classify additions of
garages and carports in item 438. 434
12
43,517
Nonresidential and nonhousekeeping 437
5
788,127
Additions of residential garages and carports
(attached and detached) 438
- Tr.N_ .MnRTr
4
46,996
PLEASE CONTINUE ON REVERSE SIDE —y
TOTAL PF.RHTTS 49 - VAITIATTON ti nAQ An nn
/� -� (?)
RAZING OF na nnu
PRIVATELY OWNED
PUBLICLY
OWNED
BUILDINGS
07 Number IN
Number of
Buildings Housing
Buildings
Housing
IM (b) Icl
lot
units
IN
Single family houses (attached and detached)
$45 1
Two - family buildings
1
Bab
Three- and lour - family buildin a
gp
Five -or -more family buildings
"A
All other buiidinos and structures
569
INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT $500,000 OR MORE
Please Provide the following information
entered in sections 1
for each permit authorizing construction valued at $500,000
through IV.
or more
Item
No.
from Description
_ Numherof
Name and address of Oshipr Valuation of
sac.
I IV
owner or builder construction
Mern fRl Omit cents Housing Buildings
i lei Idl
.. one units
KIM of building
Icl (it) lei Ill till
_COMHBRCIAL
_ ____________
R —MART
______
Sit..ddre•a
1090 . 15 SO.
437 1090 HWY. 22 SOUTH
Kind
"H __
--- -- - -�� -- - ®Public
_55350
ROTCHINSON MN 55350 $750,000
of budding
j
_S_t_
___________________ ----- `- ' - - - - -- Privrte
s .d___dr____________________________
oi
Kind of building
a
____
__ _______________________________
_______________________________ ❑Privrte
Site edtlreu
--------------------- ❑Pupsc
Kind of buildup
S
____
______________________ "________
Site .tlenaa
____
_______________________________
Public
Kind of building
S
___
__ _______________________________
_______________________________ Privrte
Site etldms
____
_______________________________
Public
Kind of building
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BUILDING OFFICIAL
•
I
•
r!nutes of the Library Board Meeting
June 22, 1989
• Meeting called to order at 5:07 by Chairman Ralph Bergstrom
Present were. Ralph Bergstrom, Linda Wilimsen, Larry Ladd, Roxanne Wigan, Mary Henke,
Dolores Brunner
Mary Henke reported an the status of the proposed "Friends of the Library
committee. She has completed a great deal of research into this project and has listed some of
things necessary to consider.
1. a prospective membership list
2. informationatmeetingat 7 p.m. on Thursday June 29- Brunner and Ladd - liasons
3. By Laws committee
4. Wean representing the Library Board
S. IRS Non profit status
6. State Exempt Certif ication
7. Types of services proposed
8. Fund Raisers
9. Set goals of the committees
10. Membership in State 'Friends' group at an annual foe of =10.00
She also reported on the need for a micro film reader /printer to save the bark copies of the
leader for posterity and to make them more accessible and easier to copy for public research
Into genealogy air- There are some funds available from the Emma Lake estate but in order to
both purchase and utilize the reader /printer more funds would be needed. She contacted Patsy
Prleve of the McLeod County Historical Society regarding a possible future purchase by them,
but they have a micro film reader and do not intend to purchase a printer. Because of the longer
• lours that the I" Is open and the abil sty of the public to have eocess to the reader /printer,
the library wouldbe the ideal area to have that availability. t1d& by Larry Ladd/ Dolores
Brunner: to have Mary Henke apply for e $2500 grant from the Minnesota Historical Society.
Motion carried this would be a matching fund grant and would enable us to both purchase the
reader /printer and enable us to put the beck copies of the Leader on micro film.
Art Show: The Act Show and subsequent program during Sno- break was a huge success.
Suggestion was made to Mary Henke by the Crow River Arts Ouild, to apply for a 1250.00 grant
from Sarthw esternArts %ltd to help fund next years program. Mollgfl made by Roxanne Wigan
/Dokres Brunner to apply for grant from SWAG. Motion Cyrlod
ArL j1gVS&madeby Linda Willmsen /Roxanne Wigan that artworks are to be Judged by a panel
for the Sno Break Art Show and if accepted by the panel, then they could also exhibit later( with
the I IbrarWe descretion as to amount and time of display.) Motion carried
Myron has reported that the Panasonic Cammerclal vacuum Is In need of repair. Motion by
L Inda W illmsenharry L add to have Myron have the voc" repaired at a cast of $ 150.00
Motion carried.
Linda Wilirnsen reported that the Picneertand budget was approved with a 3.5 Increase in
personell. Two new cooties have joined the system. The slate has mandated that all counties
must Kwkla iRA try service by 1990.
Mr. Berstrom reported that Tri- Minnick has completed the cleaning of the corpetry and
• windows.
Haft to axlourn, Larry Ladd/Roxanne Wigan. Matson carried.
Submitted by Dolores Brunner, Secretary �. (10
HUTCHINSON COMMUNITY HOSPITAL
REGULAR BOARD OF DIRECTORS MEETING - May 16, 1989
Large Conference Room - 5:45 PM
Present: Bob Durfee, President; Dori Johnson, Vice President; Diane
Gilmer, Secretary; Rich Myers, Trustee; Rev Thor Skeie, Trustee;
Mike Carls, Trustee; Robert L. Hegrenes, M.D., Chief of Staff
Absent: None
Others Present: Philip G. Graves, Administrator; Francis P. Seivert,
Director of Finance; Jane Lien, Director of Nursing Services;
Robyn Erickson, Director of Education and Marketing; Pat
Halverson, Mental Health Unit Director; Cathy Nevanen,
Hutchinson Leader; Lon Roach; KDUZ /KKJR Radio; La Mae J. Maiers,
Recording Secretary
The meeting was called to order by President Durfee at 5:45 PM.
Minutes of Past Meetings. Minutes of the April 18, 1989, regular Board of
Directors meeting were approved as presented. Following discussion:
Motion was made by Myers, seconded by Skeie, to approve the minutes
of the April 18, 1989, regular meeting of the Board of Directors.
All were in favor. Motion carried.
Medical Staff Meeting Minutes. Minutes of the March medical staff meeting
and the Executive Committee meeting were presented by Dr. Hegrenes. It
was noted that the new outpatient chemical dependency program at
Hutchinson Community Hospital has been established and there are currently
clients in the program, with a capacity of 10. Board President Bob Durfee
stated that 3M Company of Hutchinson has indicated their support of the
program.
New Business
A. Annual Audit Presentation. Bernie Hessie from our auditing firm of
McGladrey and Pullen was at the meeting to make his annual audit
presentation. Hesse reviewed the various financial statements for
Fiscal Year 1988. He stated that the hospital had an excellent year
and is "very, very strong financially" when compared to other
hospitals in their peer group (hospitals with 50 -99 beds). HCH showed
an operating revenue of nearly fl million for Fiscal Year 1988. The
report showed an overall increase in assets of $1.1 million over 1987.
Three factors contributed to the nearly 24% increase in gross patient
revenue: a rate increase initiated in 1988, an increase in the volume
of services provided and a change in intensity - -more tests being
performed during the hospital stay.
Regular Board Meeting - 5/16/89
Page Two
(A.) Total operating expenses were up by 20% in 1988 mainly due to the
addition of 21 FTE's and salary increases allotted to the employees
throughout the hospital.
Hesse congratulated the Board, Administrator Phil Graves, Director of
Finance Frank Sievert and the hospital staff for their excellent
year.
Following his review of the financial
"forecast" for the next four years in
Included in his list of some 14 items
- Medicare will continue with DRG's -
payment system in the early 1990's.
- Inpatient admissions will increase.
statements, Hesse presented his
the healthcare industry.
were:
will convert to a capitated
- Nursing shortage will continue; acute in the Metro area.
- Approximately 400 hospitals will be forced to close, mostly
outstate.
- More hospital mergers.
- Patient will pay a larger amount of the healthcare costs -
includes HMO's and PPG's.
- Hospitals will become more specialized, especially in metro area.
Hesse also took a few minutes to review the findings of a recent
study released by Harvard on creating a scale for fairer physician
fees. It was initially designed for Medicare insurance coverage, and
proposed a fairness scale covering physician visits and surgical
procedures. If implemented, may also be used in assisting the
private insurers in setting payment rates for services performed by
physicians, creating a relative value unit.
In his final comments Hesse stated that out of approximately 50
hospitals that his firm works for HCH is one of, if not the most
successful. He, again, complimented the Board and management staff
on their "outstanding" year.
Reflecting on the profit in 1988, Graves stated that HCH needs a
"decedent bottom line" in order to position itself as a viable
healthcare center in this area and finance the proposed expansion
project, necessary for HCH's continued growth.
Following discussion:
Motion was made by Johnson, seconded by Myers to accept the audit
as presented by Bernie Hesse of McGladrey, Hendrickson & Pullen.
All were in favor. Motion carried.
0
•
40
r402 I
Regular Board Meeting - 5/16/89
Page Three
Consultation Services by Hamilton /KSA. Richard Sawyer and James
Berarducci of Hamilton /KSA presented a proposal to the Board, on
behalf of Al Balhorn, for continuing their building consultation
planning services to HCH. Sawyer outlined the programming and design
review services they would be providing as well as explaining the cost
of their services. Steps 4 through 12 would be based on an hourly
rate, up to a maximum of $54,500; Steps 1, 2, 3, 13, 14 and 15 also
would be based on an hourly rate, not to exceed $14,000. Project -
related expenses would be paid in addition to the consultation fees.
Sawyer also expounded on the qualifications of Hamilton /KSA in the
overall area of facility planning /building consultation for hospitals
and the benefits HCH could expect to gain from their services.
It was noted that Hamilton /KSA was also recently hired, independently,
by the Hutchinson Medical Center to do a facility evaluation for them.
Sawyer stated that they had met with the physicians and have just
completed a first draft for the proposed clinic remodeling project.
President Durfee thanked Richard Sawyer and James Berarducci for their
presentation, and they left the meeting.
Discussion followed on the cost of Hamilton's services. Carls
suggested that Graves contact other hospitals involved in recent
building projects to determine if Hamilton /KSA's fees are comparable
to other healthcare consulting firms. Graves stated that he would do
that. Graves added that this consulting firm is highly recommended by
LifeSpan.
Graves also informed the Board members that special meeting would be
held in the near future to assist them in becoming more familiar with
the various aspects of the building and remodeling project.
Following discussion:
Motion was made by Johnson, seconded by Myers to hire the services
of Hamilton /KSA, contingent on their fees being competitive with
other hospital /healthcare related consulting firms. All were in
favor. Motion carried.
C. Physician Staff Applications. Recommendations were received from the
Executive Committee of the medical staff that staff applications of H.
Cris Remucal, M.D, and Michael Wipf, M.D., be modified to include
privileges in performing laser procedures. Following discussion:
Motion was made by Skeie, approved by Myers, to approve the staff
applications of H. Cris Remucal, M.D., and Michael Wipf, M.D., to
include privileges in laser procedures at Hutchinson Community
Hospital. All were in favor. Motion carried.
AF
(�P
Regular Board Meeting - 5/16/89
Page Four
Other
Application as Multiple Component Hospital. Graves informed the
Board that Hutchinson Community Hospital had recently contracted
with Burns Manor for the purpose of providing physical therapy
(PT) and occupational therapy (OT) services at the nursing home
site. However, in order to bill for these services, HCH needs to
request, from the State, designation as a hospital with multiple
components. Graves stated that he was requesting approval from
the Board to proceed with the necessary steps to apply for this
designation, subject to approval by legal counsel. Following
discussion:
Motion was made by Carls, seconded by Skeie, for Administrator
Graves to proceed with the necessary steps in order for
Hutchinson Community Hospital to receive designation as a
hospital with multiple components, subject to approval by legal
counsel. All were in favor. Motion carried.
Statistical Report and Financial Statements. The Statistical Report and
financial statements were reviewed for the month of April. Director of
Finance Frank Seivert explained the new format in which they were being
presented and noted that in future months he would like to make some
additional changes. This would include listing key business ratios which
are important to the operation of HCH. Graves also solicited input from
the board members as to what they would like to see presented in the
reports. It was suggested that various ratios be compared against
historical data (previous years) and, also, reports by Standard and Poors.
A brief summary of the Statistical Report
for April was at 53%, up slightly from th e
also up. Ancillary services were tracking
was given by Seivert. Occupancy
previous month; admissions were
on or near budget.
In reviewing the financial statements Seivert noted that the numbers on
the Income Statement are looking very positive showing a year -to -date
operating revenue of $3.5 million or 4.8% greater than budget. Operating
income for April was $199,820. Net patient revenues were $962,526.
Accounts Payable. The accounts payable were presented. Following
discussion:
Motion was made by Myers, seconded by Carls, to approve for payment
the attached listing of cash disbursements and accounts payable in
the amount of $923,493.31. All were in favor. Motion carried.
Auxiliary Meeting Minutes. The minutes of the April Auxiliary meeting
were not presented at this meeting.
•
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0
(1411)
Regular Board Meeting - 5/16/89
Page Five
Patient Satisfaction Surveys. Surveys were presented and reviewed by the
Board members. No unusual comments were made.
Other
New Ambulance. Carls asked about the new ambulance. Graves and
Seivert both stated that it's an excellent rig and an asset to HCH.
The Ambulance staff is very appreciative. Graves informed the board
that the second ambulance will be reconditioned and repainted in the
near future so the logo /lettering will coordinate with the new
ambulance.
Telephone System. Seivert informed the board that the hospital will
be installing a new telephone system, in the near future, at a cost of
approximately $5,500. He stated that the operating cost of the new
system would be less than the present system.
6/20/89: C. Update to Main Computer System. Administrator Graves and Director of
Adm. Graves Finance Seivert informed the board that they will be presenting a
noted that the proposal at the June meeting to update the main computer /data
cost of the processing system at HCH. Seivert explained that there is an eminent
update would be need to increase the capacity /memory of the current system, due to the
apximately increased demand for patient - related data and hospital statistics, and
$150,000, there is no longer space available to do that on the present system.
not $500,000
as stated. This Seivert explained that the cost to update would be approximately
is proposed to be $500,000, and could be financed through the use of revenue bonds.
financed with
the revenue D. Administrator's Salary. President Durfee noted that the
note issued Administrator's salary will be discussed at the June meeting.
in June, 1989,
for $500,000. Adjournment. The meeting was adjourned by President Durfee at 8:44 PM.
1461A�a5 Respectfully submitted,
La Mae J. Maiers
Recording Secretary
LM
(0
Diane Gilmer
Secretary
HUTCHINSON COMMUNITY HOSPITAL
BUDGET COMPARISONS - NATURAL CATEGORIES
For Four Months Ended May 31, 1989
CURRENT PERIOD
ACTUAL BUDGET VARIANCE PATIENT REVENUE
Daily Hospital Service
S 207,342 $215,661 $ (8,319) Medical Nursing Units
75,327 49,277 26,050 Mental Health Unit
738,448 619,058 119,390 Ancillary
$1,021,117 $ 883,996 $137,121 Gross Patient Revenue
_(167,078)
(122,572)
(44,506)
Less: Discounts & Allow
$ 854,039 $
761,424
$ 92,615
Net Patient Revenue
25,698
17,181
8,517
Other Operating Revenue
S 879,737
$778,605
$101,132
Total Operating Revenue
422,607 $395,641 $ 26,966
80,594
76,587
4,007
80,352
59,974
20,378
12,231
12,464
(233)
31,345
24,726
6,619
99,667
90,896
8,771
16,392
18,808
(2,416)
11,958
10,783
1,175
7,868
9,104
(1,236)
9,335
9,275
60
8,010
4,295
3,715
29,656
35,336
(5,680)
34,882
40,269
(5,387)
OPERATING EXPENSES
ACTUAL
YEAR -TO -DATE
BUDGET
•
VARIANCE
$ 1,126,988 $1,106,309 $ 20,679
418,640
373,910
44,730
3_,479,334
3,306,398
172,936
$ 5,024,962
$4,786,617 $
238,345
(679,814)
(694,509)
14,695
S 4,345,148
$4,092,108 $
253,040
122,217
88,230
33,987
$ 4,467,365
$4,180,338 $
287,027
Salaries
Employee Benefits
Medical & Other Fees
Raw Food
Drugs
Medical & Other Supplies
Utilities
Building & Equipment Repair
Rental Expense
Insurance
Interest
Depreciation
Other Expenses
S 844,897 $788,158 $ 56,739 Total Operating Expense
$ 34,840 S (9,553)$ 44,393 Operating Income
$ 1,993,484 $1,926,141 $ 67,343
387,862
372,679
15,1
367,067
320,320
46,7#
62,961
68,019
(5,058)
136,731
127,877
8,854
471,955
458,283
13,672
85,997
94,048
(8,051)
40,819
53,469
(12,650)
32,553
32,110
443
45,238
46,375
(1,137)
13,502
21,473
(7,971)
143,204
176,683
(33,479)
109,780
194,213
184,433)
$3,891,153 $3,891,690 S (537)
$ 576,212 $ 288,648 S 287,564
Add (Deduct)
Non - Operating Revenue (Expense)
Price -Level Depreciation
(40,023) (40,023) -- And Working Capital (200,1151 (200.115)
S (5,183) $(49,576)$ _44,393 Excess Revenue Over Expenses $ 376.097 S 88,533 S 287,564
�: ,%CURRNT.MAY •
HUTCHINSON AREA CHAMBER OF COMMERCE
45 Washington Avenue East Hutchinson, MN 55350
(612)587 -5252
r
June 26, 1989
Mr. Gary Plotz
City Administrator
35 Washington Ave. W.
Hutchinson, MN 55350
Dear Mr. Plotz,
We are writing to request the the use of Library Square Park for Thursday evening
• (September 14) and also all day on Friday, September 15 & Saturday, September
16th for our Annual Arts & Crafts Festival.
Also, we would like permission to have First Avenue Southeast (South of Library
Square) closed off for the above mentioned dates, because we will be having the
Taste of Hutchinson exhibitors in that area.
We would also like to request assistance from the Hutchinson Police Department, The
Park & Rec. Dept. and also the Street Department for our Festival.
The Hutchinson Ambassadors also wish to reserve all concession rights in the
Downtown area, and the control of any and all food exhibitors for the Taste of
Hutchinson/Arts & Crafts Festival. (This does not include the comer popcorn stand in
Library Square)
Thank you for your consideration.
Sincerely,
Jonell Jones
Chairperson
Arts & Crafts Task Force
0
PUBLISHED IN THE HUTCHINSON LEADER, HUTCHINSON, MINNESOTA, ON TUESDAY,
JUNE 27TH, 1989.
NOTICE OF HEARING ON PROPOSED ASSESSMENT
• PUBLICATION N0. 4009
ASSESSMENT ROLL NO. 251
LETTING NO. 4
PROJECT NO. 89 -05, 89 -06, 89 -07, 89 -12
Hutchinson, Minnesota
June 20th, 1989
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Council will meet at 8:00 P.M. on the 11th day
of July, 1989, in the Council Chambers at City Hall at Hutchinson, Minnesota,
to pass upon the proposed assessment for the improvement of Texas Avenue from
California Street to 405' East of California Street by Construction of Curb
and Gutter, Bituminous Surfacing and Appurtenances; Connecticut Street from
Shady Ridge Road to the South Line of Hilltop Addition and on Westwood Road
from Connecticut Street to the West Terminus by Construction of Curb and
Gutter, Bituminous Surfacing and Appurtenances; Carolina Avenue to School Road
by Construction of Curb and Gutter, Bituminous Surfacing, and Appurtenances;
and Keith Street from South Grade Road to Chicago Avenue, Sunset Street from
South Grade Road to Chicago Avenue and Chicago Avenue from Sunset Street to
Keith Street by Construction of Bituminous Surfacing and Appurtenances.
You may at anytime prior to certification of the assessment to the County
Auditor, pay the entire assessment on such property, with interest accrued to
• the date of payment, to the City Administrator. No interest shall be charged
if the entire assessment is paid by October 1st, 1989. You may, at anytime
thereafter, pay to the City Administrator the entire amount of the assessment
remaining unpaid, with interest accrued to December 31st of the year in which
such payment is made. Such payment must be made before November 15th or
interest will be charged through December 31st of the succeeding year. If you
decide not to prepay the assessment before the date given above, the rate of
interest that will apply is 9 percent per year. The right to partially prepay
the assessment shall be until October 1st, 1989.
The proposed assessment is on file for public inspection at the City
Administrator's Office. The total amount of the proposed assessment is
$99,525.13. Written or oral objections will be considered at the meeting.
No appeal may be taken as to the amount of an assessment unless a signed,
written objection is filed with the City Administrator prior to the hearing or
presented to the presiding officer at the hearing. The Council may, upon such
notice, consider any objection to the amount of a proposed individual
assessment at an adjourned meeting upon such further notice to the affected
property owners as it deems advisable.
If an assessment is contested or there is an adjourned hearing, the following
procedure will be followed:
1. The City will present its case first by calling witnesses who may testify
by narratives or by examination, and by the introduction of exhibits.
• After each witness has testified, the contesting party will be allowed to
ask questions. This procedure will be repeated with each witness until
neither side has further questions.
Publication No. 4009
Page 2
2. After the City has presented all its evidence, the objector may call
witnesses or present such testimony as the objector desires. The same •
procedure for questioning of the City's witnesses will be followed with
the objector's witnesses.
3. The objector may be represented by counsel.
4. Minnesota rules of evidence will not be strictly applies; however, they
may be considered and argued to the Council as to the weight of items of
evidence or testimony presented to the Council.
5. The entire proceedings will be tape recorded.
6. At the close of presentation of evidence, .the objector may make a final
presentation to the Council based on the evidence and the law. No new
evidence may be presented at this point.
An owner may appeal an assessment to District Court pursuant to Minnesota
Statutes Section 429.081 by serving notice of the appeal upon the Mayor or
City Administrator within 30 days after the adoption of the assessment and
filing such notice with the District Court within ten days after service upon
the Mayor or City Administrator.
Under Minnesota Statutes, Sections 435.193 to 435.195, the Council may,
in its discretion, defer the payment of this special assessment for any
homestead property owned by a person 65 years of age or older for whom it
would be a hardship to make the payments. When deferment of the special •
assessment has been granted and is terminated for any reason provided in that
law, all amounts accumulated, plus applicable interest, become due. Any
assessed property owner meeting the requirements of the law and the resolution
adopted under it may, within 30 days of the confirmation of the assessment,
apply to the City Clerk, for the prescribed form for such deferral of payment
of this special assessment on his property.
Gary D. Plotz, C ty Administrator
City of Hutchinson, Minnesota
•
RESOLUTION ADOPTING ASSESSMENT
RESOLUTION NO. 9Oa44 o
ASSESSMENT ROLL NO. 251
WHEREAS, pursuant to proper notice duly given as required by law, the
Council has met and heard and passed upon all objections to the proposed
assessment for the improvement of Texas Avenue from California Street to 405'
East of California Streete by Construction of Curb and Gutter, Bituminous
Surfacing and Appurtenances; Connecticut Street from Shady Ridge Road to the
South Line of Hilltop Addition and on Westwood Road from Connecticut Street to
the West Terminus by Construction of Curb and Gutter, Bituminous Surfacing
and Appurtenances; Carolina Avenue to School Road by Construction of Curb and
Gutter, Bituminous Surfacing, and Appurtenances; and Keith Street from South
Grade Road to Chicago Avenue, Sunset Street from South Grade Road to Chicago
Avenue and Chicago Avenue from Sunset Street to Keith Street by Construction
of Bituminous Surfacing and Appurtenances.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON,
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made
a part hereof, is hereby accepted, and shall constitute the special assessment
against the lands named therein, and each tract of land therein included in
hereby found to be benefitted by the proposed improvement in the amount of the
assessment levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of ten (10) years, the first of the installments to be
• payable on or before the first Monday in January, 1990, and shall bear
interest at the rate of percent per annum as set down by the adoption of
this assessment resolution. To the first installment shall be added interest
on the entire assessment from October 1st, 1989, until the 31st day of
December, 1990. To each subsequent installment when due, shall be added
interest for one year on all unpaid installments.
E
3. The owner of any property so assessed may, at any time prior to
certification of the assessment to the County Auditor, pay the whole of the
assessment on such property, with interest accrued to the date of payment, to
the City Treasurer, except that no interest shall be charged if the entire
assessment is paid by the 1st day of October, 1989; and he may, at any time
thereafter, pay to the City Treasurer the entire amount of the assessment
remaining unpaid, with interest accrued to the 31st day of December, of the
year in which such payment is made. Such payment must be made before November
15th, or interest will be charged through December 31st, of the next
succeeding year.
4. The Administrator shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on the property tax lists
of the County, and such assessments shall be collected and paid over in the
same manner as other municipal taxes.
Adopted by the Council this 11th day of July, 1989.
City Administrator Mayor
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT
RESOLUTION NO. 90¢l •
LETTING NO. 4
PROJECT NO. 89 -05, 89 -06, 89 -07, 89 -12
WHEREAS, pursuant to an advertisement for bids for the improvement of
Texas Avenue from California Street to 405' East of California Street by
Construction of Curb and Gutter, Bituminous Surfacing and Appurtenances;
Connecticut Street from Shady Ridge Road to the South Line of Hilltop Addition
and on Westwood Road from Connecticut Street to the West Terminus by
Construction of Curb and Gutter, Bituminous Surfacing and Appurtenances;
Carolina Avenue to School Road by Construction of Curb and Gutter, Bituminous
Surfacing, and Appurtenances; and Keith Street from South Grade Road to
Chicago Avenue, Sunset Street from South Grade Road to Chicago Avenue and
Chicago Avenue from Sunset Street to Keith Street by Construction of
Bituminous Surfacing and Appurtenances; bids were received, opened and
tabulated according to law, and the following bids were received complying
with the advertisement:
Bidder Amount Bid
Mid Minnesota Hot Mix $ 83,634.56
Wm. Mueller and Sons, Inc. $ 87,603.00
AND WHEREAS, it appears that Mid Minnesota Hot Mix of Annandale,
Minnesota, is the lowest responsible bidder,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL HUTCHINSON, MINNESOTA: •
1. The Mayor and City Administrator are hereby authorized and directed
to enter into the attached contract with Mid Minnesota Hot Mix of Annandale,
Minnesota, in the name of the City of Hutchinson, for the improvement
contained herein, according to the Plans and Specifications therefor approved
by the City Council and on file in the Office of the City Administrator.
2. The City Administrator is hereby authorized and directed to return
forthwith to all bidders the deposits made with their bids, except that the
deposits of the successful bidder and the next lowest bidder shall be retained
until a contract has been signed; and the deposit of the successful bidder
shall be retained until satisfactory completion of the Contract.
Adopted by the City Council this 11th day of July, 1989.
Mayor
ty Administrator •
�/
PUBLISHED IN THE HUTCHINSON LEADER, HUTCHINSON, MINNESOTA, ON TUESDAY,
JUNE 27TH, 1989.
NOTICE OF HEARING ON PROPOSED ASSESSMENT
PUBLICATION NO. 4010
• ASSESSMENT ROLL NO. 243 -A
LETTING N0. 6
PROJECT NO. 88 -11
Hutchinson, Minnesota
June 20th, 1989
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Council will meet at 8:00 P.M. on the 11th day
of July, 1989, in the Council Chambers at City Hall at Hutchinson, Minnesota,
to pass upon the proposed assessment for the improvement of Chicago Avenue
from Keith Street to Sunset Street by Construti'bn of Grading, Aggregate Base,
Curb and Gutter, Bituminous Surfacing, Concrete Driveway Approaches, Sewer and
Water Services to the Property Line of All Buildings or Buildable Sites, and.
Appurtenances.
You may at anytime prior to certification of the assessment to the County
Auditor, pay the entire assessment on such property, with interest accrued to
the date of payment, to the City Administrator. No interest shall be charged
if the entire assessment is paid by October 1st, 1989. You may, at anytime
thereafter, pay to the City Administrator the entire amount of the assessment
remaining unpaid, with interest accrued to December 31st of the year in which
such payment is made. Such payment must be made before November 15th or
interest will be charged through December 31st of the succeeding year. If you
• decide not to prepay the assessment before the date given above, the rate of
interest that will apply is 9 percent per year. The right to partially prepay
the assessment shall be until October 1st, 1989.
The proposed assessment is on file for public inspection at the City
Administrator's Office. The total amount of the proposed assessment is
f 15,770.80. Written or oral objections will be considered at the meeting.
No appeal may be taken as to the amount of an assessment unless a signed,
written objection is filed with the City Administrator prior to the hearing or
presented to the presiding officer at the hearing. The Council may, upon such
notice, consider any objection to the amount of a proposed individual
assessment at an adjourned meeting upon such further notice to the affected
property owners as it deems advisable.
If an assessment is contested or there is an adjourned hearing, the following
procedure will be followed:
1. The City will present its case first by calling witnesses who may testify
by narratives or by examination, and by the introduction of exhibits.
After each witness has testified, the contesting party will be allowed to
ask questions. This procedure will be repeated with each witness until
neither side has further questions.
2. After the City has presented all its evidence, the objector may call
witnesses or present such testimony as the objector desires. The same
. procedure for questioning of the City's witnesses will be followed with
the objector's witnesses.
Publication No. 4010
Page 2
3. The objector may be represented by counsel.
4. Minnesota rules of evidence will not be strictly applies; however, they •
may be considered and argued to the Council as to the weight of items of
evidence or testimony presented to the Council.
5. The entire proceedings will be tape recorded.
6. At the close of presentation of evidence, the objector may make a final
presentation to the Council based on the evidence and the law. No new
evidence may be presented at this point.
An owner may appeal an assessment to District Court pursuant to Minnesota
Statutes Section 429.081 by serving notice of the appeal upon the Mayor or
City Administrator within 30 days after the ad6ption of the assessment and
filing such notice with the District Court within ten days after service upon
the Mayor or City Administrator.
Under Minnesota Statutes, Sections 435.193 to 435.195, the Council may,
in its discretion, defer the payment of this special assessment for any
homestead property owned by a person 65 years of age or older for whom it
would be a hardship to make the payments. When deferment of the special
assessment has been granted and is terminated for any reason provided in that
law, all amounts accumulated, plus applicable interest, become due. Any
assessed property owner meeting the requirements of the law and the resolution
adopted under it may, within 30 days of the confirmation of the assessment,
apply to the City Clerk, for the prescribed form for such deferral of payment
of this special assessment on his property. •
Gary D. Pi tz, Ci Administrator
City of Hutchinson, Minnesota
r1
U
RESOLUTION ADOPTING ASSESSMENT
RESOLUTION NO.
ASSESSMENT ROLL NO. 243A
WHEREAS, pursuant to proper notice duly given as required by law, the
Council has met and heard and passed upon all objections to the proposed
assessment for the improvement of Chicago Avenue from Keith Street to Sunset
Street by Construction of Grading, Aggregate Base, Curb and Gutter, Bituminous
Surfacing, Concrete Driveway Approaches, Sewer and Water Services to the
Property Line of All Buildings or Buildable Sites, and Appurtenances.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON,
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made
a part hereof, is hereby accepted, and shall constitute the special assessment
against the lands named therein, and each tract of land therein included in
hereby found to be benefitted by the proposed improvement in the amount of the
assessment levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of ten (10) years, the first of the installments to be
payable on or before the first Monday in January, 1990, and shall bear
interest at the rate of _ percent per annum as set down by the adoption of
this assessment resolution. To the first installment shall be added interest
on the entire assessment from October 1st, 1989, until the 31st day of
• December, 1990. To each subsequent installment when due, shall be added
interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to
certification of the assessment to the County Auditor, pay the whole of the
assessment on such property, with interest accrued to the date of payment, to
the City Treasurer, except that no interest shall be charged if the entire
assessment is paid by the 1st day of October, 1989; and he may, at any time
thereafter, pay to the City Treasurer the entire amount of the assessment
remaining unpaid, with interest accrued to the 31st day of December, of the
year in which such payment is made. Such payment must be made before November
15th, or interest will be charged through December 31st, of the next
succeeding year.
4. The Administrator shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on the property tax lists
of the County, and such assessments shall be collected and paid over in the
same manner as other municipal taxes.
Adopted by the Council this 11th day of July, 1989.
City Administrator Mayor
•
• LEASE AGREEMENT
THIS LEASE, entered into in Hutchinson, MN, as of this
1st day of August, 1989, by and between Thomas B. Dolder,
Hutchinson, Minnesota ( "Landlord "), and the City of Hutchinson,
Hutchinson, Minnesota ( "Tenant ").
1. PREMISES:
Landlord hereby leases to Tenant the premises (the
"Premises ") described as follows:
Space within the building located in Block One Rolling
Oaks First Addition, Lots Four, Five, Six, and the West Forty -
five feet of Lot Seven in the City of Hutchinson, having an
approximate total square footage of 3,000 square feet as
measured from the exterior face of any exterior walls into the
center line of common walls, as outlined in red on the site plan,
attached hereto as Exhibit A and made a part hereof for the
purposes of more specifically locating the premises from
Landlord's property. Also to include personal property in
Exhibit B.
Landlord reserves the right to place, maintain, repair,
and replace utility lights, pipes, tunneling, and the like, in,
under, over, upon, or through the premises as maybe reasonably
• necessary or advisable for the servicing of the premises or other
portions of the building.
2. TERM:
(A) To have and to hold the premises unto Tenant
commencing on August 1, 1989, and expiring on January 31, 1990
unless sooner terminated as provided herein.
3. RENT:
Tenant agrees to pay the Landlord, at
places Landlord may from time to time designate
premises during the term of this Lease, without
set -off, monthly installments commencing August
amount of $2,000 per month in addition to Tenan
utilities and taxes as set forth herein.
4. TAXES:
his home or other
as rent for the
any deduction of
1, 1989 in the
is portion of
Tenant agrees to pay as and for its portion of real
estate taxes the sum of $200 per month during the term of this
Lease. Payment shall be due on the first (1st) of each month
commencing on August 1, 1989.
5. CONSTRUCTION:
Tenant shall not undertake any construction, nor shall
Tenant install any equipment other than trade fixtures and
• personal property, without first obtaining Landlords written
`f� 17q'
approval of plans and specifications therefore. Tenant shall not •
commence any work until Tenant delivers to Landlord a policy or
Policies of public liability and property damage insurance naming
Landlord as an insured, and limits and with companies acceptable
to Landlord, in a completion bond covering the Tenants work
naming Landlord as a beneficiary and otherwise in a form issued
by Surety Company acceptable to the Landlord.
6. COMMON AREAS:
Landlord grants to Tenant and Tenant's customers and
invitees the right to use, in common with all others to whom
Landlord has or may hereafter grants rights to use the same, the
Common Areas located within the building and on the land of
Landlord. The term "Common Areas" as used in this Lease, shall
mean the parking areas, roadways, pedestrian sidewalks, loading
docks, delivery areas, landscaped areas, service court, fire
corridors, public restrooms, and all other areas or improvements
which may be provided by Landlord for the common use of the
Tenants of the building. Landlord hereby reserves the following
rights with respect to the Common Areas:
(1) To establish reasonable rules and regulations for
the use thereof;
(2) To use or permit the use by others to whom
Landlord may have granted such rights for promotional
activities;
(3) To change the layout of such Common Areas,
including the right to reasonably add to or subtract
from the shape and size, whether by the addition of
building improvements or otherwise;
(4) Landlord shall operate, manage, equip, light,
repair and maintain said Common Areas for their
intended purposes in such manner as Landlord shall in
its sole discretion from time to time determine, and
may from time to time change the size, location,
elevation, nature and /or use of any Common Areas.
Tenant shall pay to Landlord as a Common Area Charge
the following share of all costs and expenses of every kind and
nature paid or incurred by Landlord in operating, maintaining,
and repairing the Common Areas:
(i) Tenant shall pay fifty percent (508) of all
maintenance, repair, and supply costs and expenses for
the public restrooms.
(ii) Tenant shall pay twenty -five percent (258) of all •
costs and expenses in maintaining the parkinglot and
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• other Common Areas. Such costs and expenses shall
include, but not be limited to, costs of management,
cleaning, lighting, reasonable reserves, repairing,
maintaining, and replacing all Common Area
improvements; snow removal, parkinglot scraping,
painting, landscaping, provided security, providing
public liability, property damage, fire and extended
coverage and such other insurance as Landlord deems
appropriate for the Common Areas; personal property
taxes, supplies, fire protection and fire hydrant
charges, licenses and permanent fees.
(iii) Tenants Common Area Charge will be paid in
monthly installments on the first day of each month in
an amount to be estimated by Landlord. Within ninety
(90) days following the end of the period used by the
Landlord in estimating Landlord's cost, Landlord shall
furnish to Tenant a statement of the actual amount of
Tenant's proportionate share of such Common Area
Charges for such period. Within fifteen (15) days
thereafter, Tenant, shall pay to Landlord or Landlord
shall remit to Tenant, as the case may be, the
difference between the estimated amounts paid by
Tenant and the actual amount of Tenant's Common Area
• Charge for such period as shown by such statement.
7. UTILITIES:
(A) Heat and Electric Charges. Commencing with the
date on which Landlord delivers the Premises to Tenant, Tenant
shall pay for all beating, electric current and all utilities
required for the proper operation of Tenant's business, together
with all levied or other charges on-such utilities and
governmental charges based on utility consumption.
(B) Water and Sewer Charges. Commencing also on the
date on which Landlord delivers the premises to Tenant, Tenant
shall pay all water rents, all charges resulting from any
sprinkler system and sewer charges charged against the Premises.
If separate charges cannot be made or portioned between Tenant
and the adjoining occupant of the front portion of the building,
Tenant shall pay one -half (1/2) of said charges. Said charges
shall be paid within thirty (30) days of demand by Landlord. In
no event shall Landlord by liable for the quality, quantity,
failure, or interruption of such services to the Premises.
(C) Commencing also on the date on which Landlord
delivers the Premises to Tenant, Tenant shall pay one -half (1/2)
of the total charges for sanitation removal for the property on
which the Premises is located. Said charges will be paid by
Tenant within thirty (30) days of demand by the Landlord.
•
8. USE OF PREMISES BY TENANT:
Tenant shall use the Premises only as and for the
purpose of conducting a youth center.
9. TENANT'S COVENANTS WITH RESPECT TO OCCUPANCY:
Tenant agrees:
(A) To occupy the Premises in a safe and careful
manner and in compliance with all laws, ordinances, rules,
regulations and orders of any governmental bodies having
jurisdiction over the Premises, and without committing or
permitting waste;
(B) To neither do nor suffer anything to be done or
kept in or about the premises which contravenes Landlord's
policies or increases the premiums therefore;
(C) To permit no reproduction of sound which is
audible outside the Premises nor permit odors to be unreasonably
dispelled from the Premises;
(D) To place no sign on the exterior of the Premises
or on the interior surface of any windows of the Premises without
also obtaining Landlord's prior written consent, which will not
be unreasonably withheld, and to maintain in good repair and
Promptly remove and repair any damage caused by any such
permitted signs. Tenant agrees to maintain its signs in a good
state of repair and to save the Landlord.harmless from any loss,
cost, or damage as a result of the same and shall repair any
damage which may have been caused by the erection, existence,
maintenance or removal of such signs.
(E) To place no merchandise, sign or other thing of
any kind in the vestibule or entry of the Premises or on the
sidewalks or other Common Areas adjacent thereto or elsewhere on
the exterior of the Premises;
(F) To park Tenant's vehicles and to require all
employees to park only in such places as may be designated from
time to time by Landlord for the use of Tenant and its employees,
and specifically not to permit parking by any of them in any
service court area (Landlord reserves the right to impose fines
against Tenant for any violation of these parking restrictions by
Tenant and /or Tenant's employees; Landlord further reserves the
right to have towed, at Tenant's cost and expense, any automobile
parked in violation of this clause);
(G) To keep any refuse in proper containers in the
interior of the premises until the same is removed and to permit
no refuse to accumulate around the exterior of the Premises;
4
u
•
E
(H) To neither load nor unload or permit the loading
or unloading of merchandise, equipment or other property from any
doors of the premises that open onto the front sidewalk areas,
nor from any of the doors except from the rear of the Premises
and to use its best efforts to prevent the parking or standing of
vehicles and equipment upon the land except when actually engaged
in loading or unloading;
(I) To conduct no auction, fire or going- out -of-
business sale without the prior written consent of Landlord;
(J) To permit Landlord free access to the Premises at
all reasonable times for the purpose of examining the same or
making alterations or repairs to the premises that Landlord may
deem necessary for the safety or preservation thereof;
(K) To adequately heat and cool the Premises;
(L) To permit no lien, notice of intention to file
lien or other charges (whether arising out of work on any
contractor, mechanic, laborer or materialman or any mortgage,
conditional sale, security agreement or chattel mortgage or
otherwise) which might be or become a lien or encumbrance or
charge upon the Premises or any part thereof or the income
therefrom, and to suffer no other matter or thing whereby the
estate, right and interest of the Landlord in the Premises or any
part thereof might be impaired;
(M) To solicit no business in the Common Areas, nor
distribute handbills or other advertising matter to customers,
nor place the same in or on automobiles in the Common Areas;
(N) To comply with all reasonable rules and
regulations which Landlord may from time to time establish for
the use and care of the Premises, the Common Areas, and other
facilities and buildings on the land;
(0) Handle and dispose of all rubbish, garbage, and
waste in accordance with regulations established by Landlord and
not permit the accumulation (unless in sealed metal containers)
or burning of any trash, rubbish, refuse, garbage or waste
materials in, on, or about any part of the land;
(P) That it shall not subject any fixtures,
furnishings or equipment in or on Tenant's Premises which are
affixed to the realty of any mortgages, liens, conditional sales
agreements, security interests or encumbrances.
(Q) To permit no damage or destruction of Landlord's
premises or personal property, reasonable wear and tear excepted.
•
5
10. REPAIRS AND ALTERATIONS:
(A) Landlord shall provide the following repairs
within a reasonable time from the date of possession:
Repairs by Landlord. Landlord shall keep the
foundations, roof, and structural portions of the outer walls of
the Premises in good repair, except for repairs required thereto
by reason of the acts of Tenant, Tenant's employees, agents,
invitees, licensees, or contractors. Tenant shall give Landlord
written notice of the necessity for repairs coming to the
attention of Tenant following which Landlord shall have a
reasonable time to undertake and complete such repairs. The
provisions of this section shall not apply in the case of damage
or destruction by fire or other casualty or by Eminent Domain, in
which events the obligations of Landlord shall be controlled by
preceding Sections hereof. Landlord shall keep the HVAC unit in
good working condition.
It is expressly understood that Landlord shall not be
responsible for any structural or exterior portions of the
Premises not originally constructed by the Landlord nor any
structural or exterior portions of the abutting buildings.
(B) Repairs by Tenant. Except as provided in
Subsection 10 (A) Tenant shall keep the Premises and every part
thereof and any fixtures, facilities or equipment contained
therein, in good condition and repair.
(C) Removal of Improvements. All items of Landlord's
construction, all heating and air conditioning equipment, and all
alterations, additions and other improvements by Tenant shall
become the property of Landlord and shall not be removed from the
Premises. All trade fixtures, furniture, furnishings, and signs
installed in the premises by Tenant and paid for by Tenant shall
remain the property of Tenant and may be removed upon the
expiration of the term of this Lease; provided (i) that any of
such items as are affixed to the Premises and require severance
may be removed only if Tenant repairs any damage caused by such
removal and (ii) that Tenant shall have fully performed all of
the covenants and agreements to be performed by Tenant under the
provisions of this Lease. If Tenant fails to remove such items
from the Premises prior to the expiration or earlier termination
of this Lease, all such trade fixtures, furniture, furnishings,
and signs shall become the property of the Landlord unless
Landlord elects to require their removal, in which case Tenant
shall promptly remove same and restore the Premises to its prior
condition. In the event Tenant fails to remove all such trade
fixtures, furniture, furnishings, and signs within ten (10) days
after the Landlord elects to require their removal, Landlord
shall have the right to remove same and sell such trade fixtures,
furniture, furnishings, and signs to pay for the cost of removal. •
C
Tenant further agrees that all personal property of
every kind or description which may at any time be in the
premises shall be at the Tenant's sole risk, or at the risk of
those claiming under the Tenant. Landlord shall not be
responsible or liable to Tenant for any loss or damage that may
be occasioned by the acts or omissions of persons occupying any
space adjacent to or adjoining Tenant's premises, or any part
thereof. Landlord shall not be responsible or liable to Tenant
for any loss or damage resulting to Tenant or its property from
roof leaks, water, gas, steam, fire, or the bursting, stoppage,
or leaking of sewer pipes, or from the heating or plumbing
fixtures, or from electric wires, or from gas or odors, or caused
in any manner whatsoever.
11. INDEMNITY AND INSURANCE:
(A) Indemnification by Tenant. Tenant will indemnify
and hold Landlord harmless from and against all loss, cost,
expense, and liability whatsoever (including Landlord's cost of
defending against the foregoing, such cost to include attorneys'
fees) resulting or occurring by reason of the Tenant's
construction, use or occupancy of the Premises.
(B) Public Liability Insurance. Tenant agrees to
carry public liability insurance covering the Premises and
Tenant's use thereof, together with contractual liability
• endorsements covering Tenant's obligations set forth in
Subsection ll(A), in companies and in a form satisfactory to
Landlord, with minimums of Five Hundred Thousand Dollars
($500,000) on account of bodily injuries to or death of one
person, One Million Dollars ($1,000,000) on account of bodily
injuries to or death of more than one person as a result of any
occurrence and Fifty Thousand Dollars ($50,000) coverage for
property damage, and to deposit said policy or policies (or
certificates thereof) with Landlord prior to the date of any use
or occupancy of the Premises by Tenant; said policy or policies
shall name Landlord and Tenant as insureds and shall bear
endorsements to the effect the insurer agrees to notify Landlord
not less than thirty (30) days in advance of any modification or
cancellation thereof.
(C) Landlord's liability. Landlord shall not be
liable (1) for any damage to Tenant's property located in the
Premises, regardless of the cause of such damage, (ii) for any
acts or omissions of other tenants of the building, nor (iii) for
any condition of the Premises whatsoever unless Landlord is
responsible for the repair thereof, and has failed to make such
repair after notice from Tenant of the need therefore, and
expiration of a reasonable time for the making of such repair.
(D) Fire and Extended Coverage Insurance. Landlord
• agrees to carry policies insuring the improvements of the
building against fire and such other perils as are normally
7
covered by extended coverage endorsements in the county where the •
Premises are located, in an amount equal to at least eighty (80)
percent of the insurable value of such improvements, together
with insurance against such other risks (including loss of rent)
and in such amounts as Landlord deems appropriate. Tenant agrees
to notify Landlord in writing on the date of completion regarding
the cost of any improvements installed in the Premises during the
term of this Lease other than trade fixtures, inventory,
furniture, furnishings, signs or personal property of the Tenant.
Tenant's failure to advise Landlord regarding the value of said
improvements as provided herein shall constitute a waiver of
Tenant's right to be reimbursed for said improvements in the
event of destruction of the Premises. Tenant agrees that the
total cost of the foregoing insurance shall be included in the
Common Area charge as provided for in Subsection 6(B) of this
Lease and that Tenant shall pay its proportionate share of the
foregoing insurance per said Subsection; provided, however, that
Tenant shall have no rights in said policy or policies maintained
by Landlord and shall not, by reason of such reimbursement, be
entitled to be a named insured thereunder. In the event any of
the Landlord's policies insures Premises or risks other than the
building or the rents therefrom, the statement of the insurer
shall be conclusive as to the portion of the total premium
attributable to the building. Tenant agrees to carry insurance
against fire and such other risks as are, from time to time,
included in standard extended coverage endorsements, insuring
Tenant's stock -in- trade, trade fixtures, furniture, furnishings,
special equipment, floor and wall coverings, and all other items
of personal property of Tenant located on or within the Premises,
such coverage to be in an amount equal to at least eighty (80)
percent of replacement cost thereof. Prior to possession
Tenant shall furnish Landlord with a certificate evidencing such
coverage.
12. DAMAGE AND DESTRUCTION.
In the event the Premises are damaged by any peril
covered by standard policies of fire and extended coverage
insurance to an extent which is less than twenty -five (25)
percent of the cost of replacement of the Premises, the damage
shall, except as hereinafter provided, promptly be repaired by
Landlord, at Landlord's expense but, that in no event shall
Landlord by required to repair or replace Tenant's stock -in-
trade, trade fixtures, furniture, furnishings, equipment or
personal property. In the event (a) the Premises are damaged to
the extent of twenty -five (25) percent or more of the cost of
replacement of the Premises, (b) the buildings are damaged to the
extent of fifty (50) percent or more of the cost of replacement,
notwithstanding the extent of damages to the Premises, or (c) any
damage to the Premises occurs during the last five (5) years of
the term of this Lease, Landlord may elect either to repair or
rebuild the Premises or the buildings, as the case may be or to •
terminate this Lease upon giving notice of such election in
8
• writing to Tenant within ninety (90) days after the event causing
the damage. If the casualty, repairing, or rebuilding shall
render the Premises untenantable, in whole or in part, a
proportionate abatement of the Minimum Rent shall be allowed
until the date Landlord completes the repairs or rebuilding. If
Landlord is required or elects to repair the Premises, Tenant
shall repair or replace its stock -in- trade, trade fixtures,
furniture, furnishings, equipment, and personal property in a
manner and to at least a condition equal to that prior to its
damage or destruction and the proceeds of all insurance carried
by tenant shall be held in trust by Tenant for the purpose of
such repair and replacement.
13. ASSIGNING AND SUBLETTING:
Tenant shall not sublet the Premises or any part
thereof nor assign this Lease, without in each case the prior
written consent of Landlord. Any merger, consolidation or
liquidation of Tenant or any other transfer of this Lease by
operation of law shall constitute an assignment of this Lease.
Tenant shall not permit any business to be operated in or from
the Premises by any concessionaire or licensee without the prior
written consent of Landlord. In the event that Tenant shall seek
Landlord's consent, Tenant shall provide to Landlord the name,
address and financial statement together with such other
information as Landlord requires concerning the proposed
• assignee, sublessee, concessionaire, or licensee. It shall be a
condition to any consent by Landlord that Tenant shall reimburse
Landlord for any and all cost and expense, including, but not
limited to, reasonable attorneys fees for the review and
preparation of documents, which may be incurred by Landlord in
connection with any of the foregoing. Any consent by Landlord
to any assignment or subletting, or to the operation by a
concessionaire or licensee, shall not constitute a waiver of the
necessity for such consent to any subsequent assignment or
subletting or operation by a concessionaire or licensee. No
consent by Landlord shall operate to relieve Tenant from primary
liability for the performance of Tenant's obligations under this
Lease. Any consent by Landlord shall not be unreasonably
withheld.
14. EMINENT DOMAIN:
In the event the building or any part thereof shall be
taken or condemned either permanently or temporarily for any
public or quasi - public use or purpose by any authority in
appropriate proceedings or by any right of eminent domain, the
entire compensation award thereof, including, but not limited to,
all damages as compensation for diminution in value of the
leasehold, reversion and fee, shall belong to the Landlord,
without any deduction therefrom for any present or future estate
of Tenant, and Tenant hereby assigns to Landlord all its right,
• title, and interest to any such award. However, Tenant shall
have the right to recover from the condemning authority, but not
9
from the Landlord, such compensation as may be separately awarded .
to Tenant on account of interruption of Tenant's business and for
moving and relocation expenses.
In the event of taking under the power of eminent
domain of (i) more than twenty -five (25) percent of the Premises
or (ii) a sufficient portion of the building so that after such
taking less than fifty (50) percent of the floor area in the
front portion of the building located on Landlords property are
occupied by Tenants, either Landlord or Tenant shall have the
right to terminate this Lease by notice in writing given within
ninety (90) days after the condemning authority takes possession,
in which event all rents and other charges shall be prorated as
of the date of such termination.
15. DEFAULT BY TENANT:
If Tenant defaults in the payment of Minimum Rent or
other charges or in the performance of any other of Tenant's
obligations hereunder, and fails to remedy such default within
ten (10) days after written notice from Landlord (unless the
default relates to matters other than the payment of money and
cannot be remedied within ten (10) days and Tenant commences to
remedy such default within (10) days after written notice from
Landlord and thereafter diligently pursues correction thereof in
which event the time to remedy such default shall be extended to
the time reasonably required therefore), or if a receiver of any .
property of Tenant on the Premises is appointed or Tenant's
interest in the Premises is levied upon by legal process or
Tenant be adjudged bankrupt and Tenant fails within thirty (30)
days to cause the vacation of such appointment, levy or
adjudication, or if Tenant files a voluntary petition in
bankruptcy, disposes of all or substantially all of its assets in
bulk, or makes an assignment for the benefit of its creditors,
then and in any such instance, without further notice to Tenant,
Landlord may enter upon the premises and terminate this Lease.
In the event of such termination, the obligations of Landlord
hereunder shall cease without prejudice, subject however, to the
right of Landlord to recover from Tenant any sums due Landlord
for rent or otherwise including reasonable attorneys' fees, to
the date of such entry, and also liquidated damages equal to any
deficiency between the then rental value of the Premises for the
unexpired portion of the term and the rent provided for that
portion of the term, discounted at four (4) percent per annum to
present net worth. In addition, Landlord may enter upon the
Premises without terminating his Lease and may relet them in its
own name for the account of Tenant for the remainder of the term
at the highest rent then obtainable and immediately recover from
Tenant any deficiency for the balance of the term between the
amount for which the Premises were relet, less expense of
reletting and the rent provided hereunder. If Landlord submeters
electric current, gas, or water to the Premises, then if at any •
time Tenant fails to pay rent or other charges for the same
10
. within ten (19) days after they are due, Landlord may, at it
option, in addition to the foregoing remedies and without further
notice to tenant, cease furnishing such electric current, gas or
water. No failure of Landlord to enforce its right or remedies
upon default of Tenant shall prejudice or effect the rights of
Landlord upon any subsequent or similar default.
•
•
If Tenant at any time shall fail to pay any taxes,
assessments, or liens, to make any payment or perform an act
required by this Lease to be made or performed by it, Landlord,
without waiving or releasing Tenant from any obligation or
default under this Lease, may (but shall be under no obligation
to) at any time thereafter make such payments or perform such act
for the account and at the expense of Tenant. All sums so paid
by Landlord and all costs and expenses so incurred including
reasonable attorneys' fees, shall accrue interest at the rate of
eight (8) percent (or the highest rate of interest allowable by
law, whichever is the lesser) from the date of payment or
incurring thereof by Landlord and shall constitute additional
rent payable by Tenant under this Lease and shall be paid by
Tenant to Landlord upon demand. All other sums payable by Tenant
to Landlord under this Lease, if not paid when due, shall accrue
interest at the rate of fifteen (15) percent (or the highest rate
of interest allowable by law, whichever is the lesser) from their
due date until paid, said interest to be so much additional rent
under this Lease and shall be paid to Landlord by Tenant upon
demand.
All rights and remedies of Landlord herein enumerated
shall be cumulative, and none shall exclude any other remedies
allowed at law or in equity.
16. NOTICES:
Any notice or consent required to be given by or on
behalf of either party to the other shall be deemed given when
mailed by registered or certified mail, return receipt requested,
addressed to the Landlord at the address hereinabove specified,
and to the Tenant at the address hereinabove specified, or the
Premises, or at such other address as may be specified, from time
to time by notice in the manner herein set forth.
17. MORTGAGE SUBORDINATION:
(A) Upon written request or notice by Landlord,
concurred in by any mortgagee or trustee of the building or by
any person, firm or corporation intending to become such a
mortgagee or trustee, Tenant agrees to subordinate its rights
under this Lease to the liens of any mortgages or deeds of trust
that may hereafter be placed upon the building and the Premises
and to any and all advances to be made thereunder, and to the
interest thereon, and all renewals, replacements, and extensions
thereof. Tenant also agrees that any mortgagee or trustee may
elect to have this Lease prior to the lien of its mortgage or
11
deed of trust, and upon notification by such mortgagee or trustee •
to Tenant to that effect, this Lease shall be deemed prior in
lien to the said mortgage or deed of trust, whether this Lease is
dated prior to or subsequent to the date of said mortgage or
trust deed. Tenant agrees that, upon the request of Landlord,
any mortgagees, or any trustees named in such mortgages or trust
deeds, it shall execute and deliver whatever instruments
(including but not limited to a Memorandum of Lease and /or a Non -
Disturbance and Attornment Agreement in recordable form) which
may be required for such purposes and to carry out the intent of
this section.
18. QUIET ENJOYMENT:
Landlord hereby covenants and agrees that if Tenant
shall perform all the covenants and agreements herein stipulated
to be performed on Tenant's part, Tenant shall at all times
during the continuance hereof have the peaceable and quiet
enjoyment and possession of the premises without any hindrance
from Landlord or any person or persons lawfully claiming the
Premises.
19. MISCELLANEOUS PROVISIONS:
(A) Accord and Satisfaction. No payment by Tenant or
receipt by Landlord of a lessor amount than the rental herein
stipulated shall be deemed to be other than on account of the
earliest stipulated rent nor shall any endorsement or statement •
on any check or any letter accompanying any check or payment as
rent be deemed in accord and satisfaction, and Landlord may
accept such check or payment without prejudice to Landlord's
right to recover the balance of such rent or pursue any other
remedy provided for in this Lease or available at law or in
equity.
(B) Waiver. No waiver of any condition or legal
right or remedy shall be implied by the failure of Landlord to
declare a forfeiture, or for any condition or covenant shall be
valid unless it be in writing signed by Landlord. No waiver by
Landlord with respect to one or more tenants or occupants of the
building shall constitute a waiver in favor of any other tenant,
nor shall the waiver of a breach of any condition be claimed or
pleaded to excuse a future breach of the same condition or
covenant.
(C) Broker's Commission. Tenant warrants that, except
for any amounts payable by Landlord to its agent, there are no
claims for broker's commissions or finder's fees in connection
with its execution of this Lease and agrees to indemnify and save
Landlord harmless from any liability that may arise from such
claims, including reasonable attorneys' fees.
(D) Lease Inures to the Benefit of Assignees. This •
Lease and all of the covenants, provisions, and conditions herein
12
• contained shall inure to the benefit of and be binding upon the
heirs, personal representatives, successors and assigns
respectively, of the parties hereto, provided, however, that no
assignment by, from, through, or under however, Tenant in
violation of the provisions hereof shall vest in the assigns any
right, title, or interest whatever.
(E) Entire Agreement. This Lease and the exhibits
attached hereto set forth all the covenants, promises,
agreements, conditions, and understandings between Landlord and
Tenant concerning the Premises and that there are no covenants,
promises, agreements, conditions or understandings, either oral
or written, between them other than are herein set forth. Except
as herein otherwise provided, no subsequent alteration,
amendment, change or addition to this Lease shall be binding upon
Landlord or Tenant unless reduced to writing and signed by them.
(F) Surrender and Holding Over. Tenant shall deliver
up and surrender to Landlord possession of the premises upon the
expiration of the Lease, or its termination in any way, in as
good condition and repair as the same shall be at the
commencement of said term (damage by fire and other perils
covered by standard fire and extended coverage insurance and
ordinary wear and decay only excepted). Should Tenant remain in
possession of the Premises after any termination of this Lease,
• no tenancy or interest in Premises shall result therefrom but
such holding over shall be an unlawful detainer and all such
parties shall be subject to immediate eviction and removal, and
Tenant shall upon demand pay to Landlord, as liquidated damages,
a sum equal to double the Minimum Rent as specified herein for
any period during which Tenant shall hold the premises after the
stipulated term of this Lease may have terminated.
•
(G) Additional Rent. Any amounts to be paid by Tenant
to Landlord pursuant to the provisions of this Lease, whether
such payments are to be periodic and recurring or not, shall be
deemed to be "Additional Rent" and otherwise subject to all
provisions of this Lease and of law as to the default in the
payment of rent.
(H) Severability. In the event that any provision or
section of this Lease in rendered invalid by the decision of any
court or by the enactment of any law, ordinance or regulation,
such provision of this Lease shall be deemed to have never been
included therein and the balance of this Lease shall continue in
effect in accordance with its terms.
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WHEREFORE, we have hereto set our hands this •
day of 1989.
Landlord:
Thomas B. Dolder
Tenant:
CITY OF HUTCHINSON
BY:
Its:
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Exat, L, 4— 4,
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E%BIBIT B
PERSONAL PROPERTY
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• 1
LEASE AGREEMENT
THIS LEASE, entered into in Hutchinson, MN, as of this
day of July, 1989, by and between Thomas B. Dolder,
Hutchinson, Minnesota ( "Landlord "), and the City of Hutchinson,
Hutchinson, Minnesota ( "Tenant ").
1. PREMISES:
Landlord hereby leases to Tenant the premises (the
"Premises ") described as follows:
Space within the building located in Block One Rolling
Oaks First Addition, Lots Four, Five, Six, and the West Forty -
five feet of Lot Seven in the City of Hutchinson, having an
approximate total square footage of 3,000 square feet as
measured from the exterior face of any exterior walls into the
center line of common walls, as outlined in red on the site plan,
attached hereto as Exhibit A and made a part hereof for the
purposes of more specifically locating the premises from
Landlord's property. Also to include personal property in
Exhibit B.
Landlord reserves the right to place, maintain, repair,
and replace utility lights, pipes, tunneling, and the like, in,
• under, over, upon, or through the premises as maybe reasonably
necessary or advisable for the servicing of the premises or other
portions of the building.
2. TERM:
(A) To have and to hold the premises unto Tenant
commencing on Aug. 1, 1989, and expiring on December 31, 1989
unless sooner terminated as provided herein.
3. RENT:
Tenant agrees to pay the Landlord, at his home or other
places Landlord may from time to time designate as rent for the
premises during the term of this Lease, without any deduction of
set -off, monthly installments commencing Aug- 1, 1989 in the
amount of $2,000 per month in addition to Tenants portion of
utilities and taxes as set forth herein.
4. TAXES:
Tenant agrees to pay as and for its portion of real
estate taxes the sum of $200 per month during the term of this
Lease. Payment shall be due on the first (1st) of each month
commencing on Aug. 1, 1989.
5. CONSTRUCTION:
Tenant shall not undertake any construction, nor shall
Tenant install any equipment other than trade fixtures and
Personal property, without first obtaining Landlords written
approval of plans and specifications therefore. Tenant shall not •
commence any work until Tenant delivers to Landlord a policy or
policies of public liability and property damage insurance naming
Landlord as an insured, and limits and with companies acceptable
to Landlord, in a completion bond covering the Tenants work
naming Landlord as a beneficiary and otherwise in a form issued
by Surety Company acceptable to the Landlord.
6. COMMON AREAS:
Landlord grants to Tenant and Tenant's customers and
invitees the right to use, in common with all others to whom
Landlord has or may hereafter grants rights to use the same, the
Common Areas located within the building and on the land of
Landlord. The term "Common Areas" as used in this Lease, shall
mean the parking areas, roadways, pedestrian sidewalks, loading
docks, delivery areas, landscaped areas, service court, fire
corridors, public restrooms, and all other areas or improvements
which may be provided by Landlord for the common use of the
Tenants of the building. Landlord hereby reserves the following
rights with respect to the Common Areas:
(1) To establish reasonable rules and regulations for
the use thereof;
(2) To use or permit the use by others to whom
Landlord may have granted such rights for promotional •
activities;
(3) To change the layout of such Common Areas,
including the right to reasonably add to or subtract
from the shape and size, whether by the addition of
building improvements or otherwise;
(4) Landlord shall operate, manage, equip, light,
repair and maintain said Common Areas for their
intended purposes in such manner as Landlord shall in
its sole discretion from time to time determine, and
may from time to time change the size, location,
elevation, nature and /or use of any Common Areas.
Tenant shall pay to Landlord as a Common Area Charge
the following share of all costs and expenses of every kind and
nature paid or incurred by Landlord in operating, maintaining,
and repairing the Common Areas:
(i) Tenant shall pay fifty percent (508) of all
maintenance, repair, and supply costs and expenses for
the public restrooms.
(ii) Tenant shall pay twenty -five percent (258) of all
costs and expenses in maintaining the parkinglot and •
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• other Common Areas. Such costs and expenses shall
include, but not be limited to, costs of management,
cleaning, lighting, reasonable reserves, repairing,
maintaining, and replacing all Common Area
improvements; snow removal, parkinglot scraping,
painting, landscaping, provided security, providing
public liability, property damage, fire and extended
coverage and such other insurance as Landlord deems
appropriate for the Common Areas; personal property
taxes, supplies, fire protection and fire hydrant
charges, licenses and permanent fees.
(iii) Tenants Common Area Charge will be paid in
monthly installments on the first day of each month in
an amount to be estimated by Landlord. Within ninety
(90) days following the end of the period used by the
Landlord in estimating Landlord's cost, Landlord shall
furnish to Tenant a statement of the actual amount of
Tenant's proportionate share of such Common Area
Charges for such period. Within fifteen (15) days
thereafter, Tenant, shall pay to Landlord or Landlord
shall remit to Tenant, as the case may be, the
difference between the estimated amounts paid by
Tenant and the actual amount of Tenant's Common Area
• Charge for such period as shown by such statement.
7. UTILITIES:
(A) Heat and Electric Charges. Commencing with the
date on which Landlord delivers the Premises to Tenant, Tenant
shall pay for all heating, electric current and all utilities
required for the proper operation of Tenant's business, together
with all levied or other charges on -such utilities and
governmental charges based on utility consumption.
(B) Water and Sewer Charges. Commencing also on the
date on which Landlord delivers the premises to Tenant, Tenant
shall pay all water rents, all charges resulting from any
sprinkler system and sewer charges charged against the Premises.
If separate charges cannot be made or portioned between Tenant
and the adjoining occupant of the front portion of the building,
Tenant shall pay one -half (1/2) of said charges. Said charges
shall be paid within thirty (30) days of demand by Landlord. In
no event shall Landlord by liable for the quality, quantity,
failure, or interruption of such services to the Premises.
(C) Commencing also on the date on which Landlord
delivers the Premises to Tenant, Tenant shall pay one -half (1/2)
of the total charges for sanitation removal for the property on
which the Premises is located. Said charges will be paid by
Tenant within thirty (30) days of demand by the Landlord.
•
8. USE OF PREMISES BY TENANT:
Tenant shall use the Premises only as and for the
purpose of conducting a youth center.
9. TENANT'S COVENANTS WITH RESPECT TO OCCUPANCY:
Tenant agrees:
(A) To occupy the Premises in a safe and careful
manner and in compliance with all laws, ordinances, rules,
regulations and orders of any governmental bodies having
jurisdiction over the Premises, and without committing or
permitting waste;
(B) To neither do nor suffer anything to be done or
kept in or about the premises which contravenes Landlord's
policies or increases the premiums therefore;
(C) To permit no reproduction of sound which is
audible outside the Premises nor permit odors to be unreasonably
dispelled from the Premises;
(D) To place no sign on the exterior of the Premises
or on the interior surface of any windows of the Premises without
also obtaining Landlord's prior written consent, which will not
be unreasonably withheld, and to maintain in good repair and
promptly remove and repair any damage caused by any such
permitted signs. Tenant agrees to maintain its signs in a good
state of repair and to save the Landlord.harmless from any loss,
cost, or damage as a result of the same and shall repair any
damage which may have been caused by the erection, existence,
maintenance or removal of such signs.
(E) To place no merchandise, sign or other thing of
any kind in the vestibule or entry of the Premises or on the
sidewalks or other Common Areas adjacent thereto or elsewhere on
the exterior of the Premises;
(F) To park Tenant's vehicles and to require all
employees to park only in such places as may be designated from
time to time by Landlord for the use of Tenant and its employees,
and specifically not to permit parking by any of them in any
service court area (Landlord reserves the right to impose fines
against Tenant for any violation of these parking restrictions by
Tenant and /or Tenant's employees; Landlord further reserves the
right to have towed, at Tenant's cost and expense, any automobile
parked in violation of this clause);
(G) To keep any refuse in proper containers in the
interior of the premises until the same is removed and to permit
no refuse to accumulate around the exterior of the Premises;
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•
• (H) To neither load nor unload or permit the loading
or unloading of merchandise, equipment or other property from any
doors of the premises that open onto the front sidewalk areas,
nor from any of the doors except from the rear of the Premises
and to use its best efforts to prevent the parking or standing of
vehicles and equipment upon the land except when actually engaged
in loading or unloading;
(1) To conduct no auction, fire or going- out -of-
business sale without the prior written consent of Landlord;
(J) To permit Landlord free access to the Premises at
all reasonable times for the purpose of examining the same or
making alterations or repairs to the premises that Landlord may
deem necessary for the safety or preservation thereof;
(K) To adequately heat and cool the Premises;
(L) To permit no lien, notice of intention to file
lien or other charges (whether arising out of work on any
contractor, mechanic, laborer or materialman or any mortgage,
conditional sale, security agreement or chattel mortgage or
otherwise) which might be or become a lien or encumbrance or
charge upon the Premises or any part thereof or the income
therefrom, and to suffer no other matter or thing whereby the
• estate, right and interest of the Landlord in the Premises or any
part thereof might be impaired;
(M) To solicit no business in the Common Areas, nor
distribute handbills or'other advertising matter to customers,
nor place the same in or on automobiles in the Common Areas;
(N) To comply with all reasonable rules and
regulations which Landlord may from time to time establish for
the use and care of the Premises, the Common Areas, and other
facilities and buildings on the land;
(0) Handle and dispose of all rubbish, garbage, and
waste in accordance with regulations established by Landlord and
not permit the accumulation (unless in sealed metal containers)
or burning of any trash, rubbish, refuse, garbage or waste
materials in, on, or about any part of the land;
(P) That it shall not subject any fixtures,
furnishings or equipment in or on Tenant's Premises which are
affixed to the realty of any mortgages, liens, conditional sales
agreements, security interests or encumbrances.
(4) To permit no damage or destruction of Landlord's
premises or personal property, reasonable wear and tear excepted.
•
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10. REPAIRS AND ALTERATIONS: •
(A) Landlord shall provide the following repairs
within a reasonable time from the date of possession:
Repairs by Landlord. Landlord shall keep the
foundations, roof, and structural portions of the outer walls of
the Premises in good repair, except for repairs required thereto
by reason of the acts of Tenant, Tenant's employees, agents,
invitees, licensees, or contractors. Tenant shall give Landlord
written notice of the necessity for repairs coming to the
attention of Tenant following which Landlord shall have a
reasonable time to undertake and complete such repairs. The
provisions of this section shall not apply in the case of damage
or destruction by fire or other casualty or by Eminent Domain, in
which events the obligations of Landlord shall be controlled by
Preceding Sections hereof. Landlord shall keep the HVAC unit in
good working condition.
It is expressly understood that Landlord shall not be
responsible for any structural or exterior portions of the
Premises not originally constructed by the Landlord nor any
structural or exterior portions of the abutting buildings.
(B) Repairs by Tenant. Except as provided in
Subsection 10 (A) Tenant shall keep the Premises and every part
thereof and any fixtures, facilities or equipment contained
therein, in good condition and repair, including, but not limited •
to, exterior and interior portions of all doors, door checks and
operations, windows, plate glass, and showcase surrounding the
Premises, the heating, air conditioning, electrical, plumbing and
sewer systems, the exterior doors, window frames, and all
portions of broken and /or cracked plate and window glass which
may become necessary during the term of'this Lease, and excepting
any repairs to items of Landlord's original construction made
necessary by reason of damage due to fire or other casualty
covered by standard fire and extended coverage insurance. If
Tenant refuses or neglects to commence or complete repairs
promptly and adequately, Landlord may, make or complete said
repairs and Tenant shall pay the cost thereof to Landlord upon
demand, together with the sum of fifteen percent (158) of said
costs for overhead and an additional sum equal to ten percent
(108) of said amount for profit.
(C) Removal of Improvements All items of Landlord`s
construction, all heating and air conditioning equipment, and all
alterations, additions and other improvements by Tenant shall
become the property of Landlord and shall not be removed from the
Premises. All trade fixtures, furniture, furnishings, and signs
installed in the premises by Tenant and paid for by Tenant shall
remain the property of Tenant and may be removed upon the
expiration of the term of this Lease; provided (i) that any of
6
• such items as are affixed to the Premises and require severance
may be removed only if Tenant repairs any damage caused by such
removal and (ii) that Tenant shall have fully performed all of
the covenants and agreements to be performed by Tenant under the
provisions of this Lease. If Tenant fails to remove such items
from the Premises prior to the expiration or earlier termination
of this Lease, all such trade fixtures, furniture, furnishings,
and signs shall become the property of the Landlord unless
Landlord elects to require their removal, in which case Tenant
shall promptly remove same and restore the Premises to its prior
condition. In the event Tenant fails to remove all such trade
fixtures, furniture, furnishings, and signs within ten (10) days
after the Landlord elects to require their removal, Landlord
shall have the right to remove same and sell such trade fixtures,
furniture, furnishings, and signs to pay for the cost of removal.
Tenant further agrees that all personal property of
every kind or description which may at any time be in the
premises shall be at the Tenant's sole risk, or at the risk of
those claiming under the Tenant. Landlord shall not be
responsible or liable to Tenant for any loss or damage that may
be occasioned by the acts or omissions of persons occupying any
space adjacent to or adjoining Tenant's premises, or any part
thereof. Landlord shall not be responsible or liable to Tenant
for any loss or damage resulting to Tenant or its property from
• roof leaks, water, gas, steam, fire, or the bursting, stoppage,
or leaking of sewer pipes, or from the heating or plumbing
fixtures, or from electric wires, or from gas or odors, or caused
in any manner whatsoever.
11. INDEMNITY AND INSURANCE:
(A) Indemnification by Tenant. Tenant will indemnify
and hold Landlord harmless from and against all loss, cost,
expense, and liability whatsoever (including Landlord's cost of
defending against the foregoing, such cost to include attorneys'
fees) resulting or occurring by reason of the Tenant's
construction, use or occupancy of the Premises.
(B) Public Liability Insurance. Tenant agrees to
carry public liability insurance covering the Premises and
Tenant's use thereof, together with contractual liability
endorsements covering Tenant's obligations set forth in
Subsection 11(A), in companies and in a form satisfactory to
Landlord, with minimums of Five Hundred Thousand Dollars
($500,000) on account of bodily injuries to or death of one
person, One Million Dollars ($1,000,000) on account of bodily
injuries to or death of more than one person as a result of any
occurrence and Fifty Thousand Dollars ($50,000) coverage for
Property damage, and to deposit said policy or policies (or
certificates thereof) with Landlord prior to the date of any use
• or occupancy of the Premises by Tenant; said policy or policies
shall name Landlord and Tenant as insureds and shall bear
7
endorsements to the'effect the insurer agrees to notify Landlord •
not less than thirty (30) days in advance of any modification or
cancellation thereof.
(C) Landlord's liability. Landlord shall not be
liable (i) for any damage to Tenant's property located in the
Premises, regardless of the cause of such damage, (ii) for any
acts or omissions of other tenants of the building, nor (iii) for
any condition of the Premises whatsoever unless Landlord is
responsible for the repair thereof, and has failed to make such
repair after notice from Tenant of the need therefore, and
expiration of a reasonable time for the making of such repair.
(D) Fire and Extended Coverage Insurance. Landlord
agrees to carry policies insuring the improvements of the
building against fire and such other perils as are normally
covered by extended coverage endorsements in the county where the
Premises are located, in an amount equal to at least eighty (80)
percent of the insurable value of such improvements, together
with insurance against such other risks (including loss of rent)
and in such amounts as Landlord deems appropriate. Tenant agrees
to notify Landlord in writing on the date of completion regarding
the cost of any improvements installed in the Premises during the
term of this Lease other than trade fixtures, inventory,
furniture, furnishings, signs or personal property of the Tenant.
Tenant's failure to advise Landlord regarding the value of said •
improvements as provided herein shall constitute a waiver of
Tenant's right to be reimbursed for said improvements in the
event of destruction of the Premises. Tenant agrees that the
total cost of the foregoing insurance shall be included in the
Common Area charge as provided for in Subsection 6(B) of this
Lease and that Tenant shall pay its proportionate .share of the
foregoing insurance per said Subsection; provided, however, that
Tenant shall have no rights in said policy or policies maintained
by Landlord and shall not, by reason of such reimbursement, be
entitled to be a named insured thereunder. In the event any of
the Landlord's policies insures Premises or risks other than the
building or the rents therefrom, the statement of the insurer
shall be conclusive as to the portion of the total premium
attributable to the building. Tenant agrees to carry insurance
against fire and such other risks as are, from time to time,
included in standard extended coverage endorsements, insuring
Tenant's stock -in- trade, trade fixtures, furniture, furnishings,
special equipment, floor and wall coverings, and all other items
of personal property of Tenant located on or within the Premises,
such coverage to be in an amount equal to at least eighty (80)
percent of replacement cost thereof. Prior to possession
Tenant shall furnish Landlord with a certificate evidencing such
coverage.
12. DAMAGE AND DESTRUCTION.
In the event the Premises are damaged by any peril •
8
covered by standard policies of fire and extended coverage
insurance to an extent which is less than twenty -five (25)
percent of the cost of replacement of the Premises, the damage
shall, except as hereinafter provided, promptly be repaired by
Landlord, at Landlord's expense but, that in no event shall
Landlord by required to repair or replace Tenant's stock-in-
trade, trade fixtures, furniture, furnishings, equipment or
personal property. In the event (a) the Premises are damaged to
the extent of twenty -five (25) percent or more of the cost of
replacement of the Premises, (b) the buildings are damaged to the
extent of fifty (50) percent or more of the cost of replacement,
notwithstanding the extent of damages to the Premises, or (c) any
damage to the Premises occurs during the last five (5) years of
the term of this Lease, Landlord may elect either to repair or
rebuild the Premises or the buildings, as the case may be or to
terminate this Lease upon giving notice of such election in
writing to Tenant within ninety (90) days after the event causing
the damage. If the casualty, repairing, or rebuilding shall
render the Premises untenantable, in whole or in part, a
proportionate abatement of the Minimum Rent shall be allowed
until the date Landlord completes the repairs or rebuilding. If
Landlord is required or elects to repair the Premises, Tenant
shall repair or replace its stock -in- trade, trade fixtures,
furniture, furnishings, equipment, and personal property in a
manner and to at least a condition equal to that prior to its
• damage or destruction and the proceeds of all insurance carried
by tenant shall be held in trust by Tenant for the purpose of
such repair and replacement.
13. ASSIGNING AND SUBLETTING:
Tenant shall not sublet the Premises or any part
thereof nor assign this Lease, without in each case the prior
written consent of Landlord. Any merger, consolidation or
liquidation of Tenant or any other transfer of this Lease by
operation of law shall constitute an "assignment of this Lease.
Tenant shall not permit any business to be operated in or from
the Premises by any concessionaire or licensee without the prior
written consent of Landlord. In the event that Tenant shall seek
Landlord's consent, Tenant shall provide to Landlord the name,
address and financial statement together with such other
information as Landlord requires concerning the proposed
assignee, sublessee, concessionaire, or licensee. It shall be a
condition to any consent by Landlord that Tenant shall reimburse
Landlord for any and all cost and expense, including, but not
limited to, reasonable attorneys fees for.the review and
preparation of documents, which may be incurred by Landlord in
connection with any of the foregoing. Any consent by Landlord
to any assignment or subletting, or to the operation by a
concessionaire or licensee, shall not constitute a waiver of the
necessity for such consent to any subsequent assignment or
• subletting or operation by a concessionaire or licensee. No
consent by Landlord shall operate to relieve Tenant from primary
E
liability for the performance of Tenant's obligations under this
Lease. Any consent by Landlord shall not be unreasonably
withheld.
14. EMINENT DOMAIN:
In the event the building or any part thereof shall be
taken or condemned either permanently or temporarily for any
public or quasi - public use or purpose by any authority in
appropriate proceedings or by any right of eminent domain, the
entire compensation award thereof, including, but not limited to,
all damages as compensation for diminution in value of the
leasehold, reversion and fee, shall belong to the Landlord,
without any deduction therefrom for any present or future estate
of Tenant, and Tenant hereby assigns to Landlord all its right,
title, and interest to any such award. However, Tenant shall
have the right to recover from the condemning authority, but not
from the Landlord, such compensation as may be separately awarded
to Tenant on account of interruption of Tenant's business and for
moving and relocation expenses.
In the event of taking under the power of eminent
domain of (i) more than twenty -five (25) percent of the Premises
or (ii) a sufficient portion of the building so that after such
taking less than fifty (50) percent of the floor area in the
front portion of the building located on Landlords property are •
occupied by Tenants, either Landlord or Tenant shall have the
right to terminate this Lease by notice in writing given within
ninety (90) days after the condemning authority takes possession,
in which event all rents and other charges shall be prorated as
of the date of such termination.
15. DEFAULT BY TENANT:
If Tenant defaults in the payment of Minimum Rent or
other charges or in the performance of any other of Tenant's
obligations hereunder, and fails to remedy such default within
ten (10) days after written notice from Landlord (unless the
default relates to matters other than the payment of money and
cannot be remedied within ten (10) days and Tenant commences to
remedy such default within (10) days after written notice from
Landlord and thereafter diligently pursues correction thereof in
which event the time to remedy such default shall be extended to
the time reasonably required therefore), or if a receiver of any
property of Tenant on the Premises is appointed or Tenant's
interest in the Premises is levied upon by legal process or
Tenant be adjudged bankrupt and Tenant fails within thirty (30)
days to cause the vacation of such appointment, levy or
adjudication, or if Tenant files a voluntary petition in
bankruptcy, disposes of all or substantially all of its assets in
bulk, or makes an assignment for the benefit of its creditors,
then and in any such instance, without further notice to Tenant,
Landlord may enter upon the premises and terminate this Lease. •
In the event of such termination, the obligations of Landlord
10
hereunder shall cease without prejudice, however, to the right of
Landlord to recover for Tenant any sums due Landlord for rent or
otherwise including reasonable attorneys' fees, to the date of
such entry, and also liquidated damages equal to any deficiency
between the then rental value of the Premises for the unexpired
portion of the term and the rent provided for that portion of the
term, discounted at four (4) percent per annum to present net
worth. In addition, Landlord may enter upon the Premises without
terminating his Lease and may relet them in its own name for the
account of Tenant for the remainder of the term at the highest
rent then obtainable and immediately recover from Tenant any
deficiency for the balance of the term between the amount for
which the Premises were relet, less expense of reletting and the
rent provided hereunder. If Landlord submeters electric current,
gas, or water to the Premises, then if at any time Tenant fails
to pay rent or other charges for the same within ten (10) days
after they are due, Landlord may, at it option, in addition to
the foregoing remedies and without further notice to tenant,
cease furnishing such electric current, gas or water. No failure
of Landlord to enforce its right or remedies upon default of
Tenant shall prejudice or effect the rights of Landlord upon any
subsequent or similar default.
If Tenant at any time shall fail to pay any taxes,
assessments, or liens, to make any payment or perform an act
• required by this Lease to be made or performed by it, Landlord,
without waiving or releasing Tenant from any obligation or
default under this Lease, may (but shall be under no obligation
to) at any time thereafter make such payments or perform such act
for the account and at the expense of Tenant. All sums so paid
by Landlord and all costs and expenses so incurred including
reasonable attorneys' fees, shall accrue interest at the rate of
fifteen (15) percent (or the highest rate of interest allowable
by law, whichever is the lesser) from the date of payment or
incurring thereof by Landlord and shall constitute additional
rent payable by Tenant under this Lease and shall be paid by
Tenant to Landlord upon demand. All other sums payable by Tenant
to Landlord under this Lease, if not paid when due, shall accrue
interest at the rate of fifteen (15) percent (or the highest rate
of interest allowable by law, whichever is the lesser) from their
due date until paid, said interest to be so much additional rent
under this Lease and shall be paid to Landlord by Tenant upon
demand.
All rights
shall be cumulative,
allowed at law or in
16. NOTICES:
Any notice
• behalf of either par
mailed by registered
and remedies of Landlord herein enumerated
and none shall exclude any other remedies
equity.
or consent required to be given by or on
ty to the other shall be deemed given when
or certified mail, return receipt requested,
11
addressed to the Landlord at the address hereinabove specified,
and to the Tenant at the address hereinabove specified, or the
Premises, or at such other address as may be specified, from time
to time by notice in the manner herein set forth.
17. MORTGAGE SUBORDINATION:
(A) Upon written request or notice by Landlord,
concurred in by any mortgagee or trustee of the building or by
any person, firm or corporation intending to become such a
mortgagee or trustee, Tenant agrees to subordinate its rights
under this Lease to the liens of any mortgages or deeds of trust
that may hereafter be placed upon the building and the Premises
and to any and all advances to be made thereunder, and to the
interest thereon, and all renewals, replacements, and extensions
thereof. Tenant also agrees that any mortgagee or trustee may
elect to have this Lease prior to the lien of its mortgage or
deed of trust, and upon notification by such mortgagee or trustee
to Tenant to that effect, this Lease shall be deemed prior in
lien to the said mortgage or deed of trust, whether this Lease is
dated prior to or subsequent to the date of said mortgage or
trust deed. Tenant agrees that, upon the request of Landlord,
any mortgagees, or any trustees named in such mortgages or trust
deeds, it shall execute and deliver whatever instruments
(including but not limited to a Memorandum of Lease and /or a Non -
Disturbance and Attornment Agreement in recordable form) which
may be required for such purposes and to carry out the intent of •
this section.
18. QUIET ENJOYMENT:
Landlord hereby covenants and agrees that if Tenant
shall perform all the covenants and agreements herein stipulated
to be performed on Tenant's part, Tenant shall at all times
during the continuance hereof have the peaceable and quiet
enjoyment and possession of the premises without any hindrance
from Landlord or any person or persons lawfully claiming the
Premises.
19. MISCELLANEOUS PROVISIONS:
(A) Accord and Satisfaction. No payment by Tenant or
receipt by Landlord of a lessor amount than the rental herein
stipulated shall be deemed to be other than on account of the
earliest stipulated rent nor shall any endorsement or statement
on any check or any letter accompanying any check or payment as
rent be deemed in accord and satisfaction, and Landlord may
accept such check or payment without prejudice to Landlord's
right to recover the balance of such rent or pursue any other
remedy provided for in this Lease or available at law or in
equity.
(B) Waiver. No waiver of any condition or legal
right or remedy shall be implied by the. failure of Landlord to
declare a forfeiture, or for any condition or covenant shall be •
valid unless it be in writing signed by Landlord. No waiver by
12
Landlord with respect to one or more tenants or occupants of the
building shall constitute a waiver in favor of any other tenant,
nor shall the waiver of a breach of any condition be claimed or
pleaded to excuse a future breach of the same condition or
covenant.
(C) Broker's Commission. Tenant warrants that, except
for any amounts payable by Landlord to its agent, there are no
claims for broker's commissions or finder's fees in connection
with its execution of this Lease and agrees to indemnify and save
Landlord harmless from any liability that may arise from such
claims, including reasonable attorneys' fees.
(D) Lease Inures to the Benefit of Assignees. This
Lease and all of the covenants, provisions, and conditions herein
contained shall inure to the benefit of and be binding upon the
heirs, personal representatives, successors and assigns
respectively, of the parties hereto, provided, however, that no
assignment by, from, through, or under however, Tenant in
violation of the provisions hereof shall vest in the assigns any
right, title, or interest whatever.
(E) Entire Agreement. This Lease and the exhibits
attached hereto set forth all the covenants, promises,
agreements, conditions, and understandings between Landlord and
• Tenant concerning the Premises and that there are no covenants,
promises, agreements, conditions or understandings, either oral
or written, between them other than are herein set forth. Except
as herein otherwise provided, no subsequent alteration,
amendment, change or addition to this Lease shall be binding upon
Landlord or Tenant unless reduced to writing and signed by them.
(F) Surrender and Holding Over. Tenant shall deliver
up and surrender to Landlord possession of tbe..premises upon the
expiration of the Lease, or its termination in any way, in as
good condition and repair as the same shall be at the
commencement of said term (damage by fire and other perils
covered by standard fire and extended coverage insurance and
ordinary wear and decay only excepted). Should Tenant remain in
possession of the Premises after any termination of this Lease,
no tenancy or interest in Premises shall result therefrom but
such holding over shall be an unlawful detainer and all such
parties shall be subject to immediate eviction and removal, and
Tenant shall upon demand pay to Landlord, as liquidated damages,
a sum equal to double the Minimum Rent as specified herein for
any period during which Tenant shall hold the premises after the
stipulated term of this Lease may have terminated.
(G)
to Landlord p
• such payments
Additional Rent. Any amounts to be paid by Tenant
ursuant to the provisions of this Lease, whether
are to be periodic and recurring or not, shall be
13:
deemed to be "Additional Rent" and otherwise subject to all
provisions of this Lease and of law as to the default in the
payment of rent.
(H) Severability. In the event that any provision or
section of this Lease in rendered invalid by the decision of any
court or by the enactment of any law, ordinance or regulation,
such provision of this Lease shall be deemed to have never been
included therein and the balance of this Lease shall continue in
effect in accordance with its terms.
WHEREFORE, we have hereto set our hands this
day of , 1989.
Landlord:
Thomas B. Dolder
Tenant:
CITY OF HUTCHINSON
BY:
s:
E
14 •
•
f
q:w
7--Z
EZBIBIT B
PERSONAL PROPERTY
•
•
July 5, 1989
r (612) 587.5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN 55350
M E M O R A N D U M
TO: Mayor and City Council's
FROM: Director of Engineering
RE: Gate in Alley, West of Adams Street
Since the installation of the above- referenced gate, I have received
no negative comments from the public, area residents or staff.
I have talked with some staff members with only positive comments.
• It is my opinion that the gate be left in position on a long term
permanant basis.
w4ror ox ? P-4L0
Marlow V. Priebe
City Engineer
MVP/bjl
•
r(6 )2) 587.5151
ITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST is
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: July 7, 1989
TO: -Mayor & Cou- ncil
- - - - - - - - - - - - - - - - - - - - - - - -
FROM: —Doug Meier and Larry Barg_ - - - - - - - - - - - - - - - -
SUBJECT: - Recommendation Re_ Review of Gate In Alley West of Adams Street
- - - - - - - - - - - - - - - - - - -
Since the installation of a gate and closing of the alley behind Minne -Mine
west of Adams Street, the maintenance department has not received any com- •
plaints in regard to the closing of the alley.
It is our recommendation that the alley remain closed as is.
/ms
•
IWJ(612) 587 -5151
37 ITY OF HUTCHINSON
WASHINGTON AVENUE WEST
CHINSON, MINN, 55350
M E M O R A N D U M
DATE: .Iuly 7. 1989
TO: — Mayne& CSLMCd7-- --------------- - - - - --
FROM: _$4CSh_ngrLke, Fire — Chief — — — — — — — — — — — — — — — — — —
SUBJECT: — Gate In Alley West of —Adams Street — — _ — _ _ — _ — — _ _
The Fire Marshal and I have discussed this issue,.and I believe that
•
a trial period of 90 days with the gate open should be tried.
I still believe that possible emergency service of any type would be
restricted by continuing to close off this alley.
/ms
Li
July 6, 1989
IF (612) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
TO: Gary Plotz, City Administrator ✓
FROM: George F. Field, Fire Marshal
RE: Alley from 5th Ave. So. between Adams Street and Jefferson
Now that the 60 day trial period has been completed for closing the
alley, I believe the traffic pattern developed by anyone using that
area will continue as they have for the past 60 days.
If I could suggest a trial period of 90 days with the gate open, and
if it wasn't suggested earlier, a sign at the north entrance to the
alley "Local Traffic Only ".
I still maintain that possible emergency service of any type would
be restricted by the continued closure of this alley.
George F. Field
Fire Marshal
GFF /bjl
Cc: Orlen Henke, Fire Chief
C1
RESOLUTION NO. 9034
CITY OF HUTCHINSON
RESOLUTION FOR PURCHASE
The Hutchinson City Council authorizes the purchase of the following:
ITEM
COST
PURPOSE
DEPT.
BUDGET
VENDOR
Diamond Aggregate
AML I
$3,952
Ball Field Maintenance
Park
Yes
Bryan Rock
The following items were authorized due to an emergency need:
ITEM
COST
PURPOSE
DEPT.
BUDGET
VENDOR
Aviation Gas
$8,935.:0
Resale
Airport
Yes
Jayco
Date Approved: July 11, 1989
Wotion made by:
Seconded by:
Resolution submitted for Council action
by:
7 q,
6
E
•
RESOLUTION NO. 9035
RESOLUTION ACCEPTING $112,500 FROM THE
HUTCHINSON UTILITIES COMMISSION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON:
THAT a $112,500.00 transfer from the Hutchinson Utilities Commission
to the City of Hutchinson's General Fund and Capital Projects Fund is
hereby accepted.
Adopted by the City Council this 11th day of July, 1989.
ATTEST:
Gary D. Plotz
City Administrator
Paul L. Ackland
Mayor
.l�
0
RESOLUTION NO. 9037
RESOLUTION FOR RELEASE AND SUBSTITUTION OF PLEDGED SECURITIES
FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION
HUTCHINSON, MINNESOTA
WHEREAS, First State Federal Savings & Loan Association , a duly
designated depository of the City, has requested the release of the
following securities:
NUMBER DESCRIPTION DUE AMOUNT
880923001 U.S. Treasury Strips 5 -15 -17 $5,000,000.00
which have heretofore been pledged as collateral security for the account
of the City with such depository are hereby substituted for:
NUMBER DESCRIPTION DUE AMOUNT
• 870610016 FHLMC 288142 3 -01 -17 $888,864.97
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
THAT the City Treasurer is hereby authorized to release and return to
said depository the securities requested and accept said pledged security
being held at Federal Home Loan Bank of Des Moines, Iowa.
Adopted by the City Council this 11th day of July, 1989.
Paul L. Ackland
Mayor
ATTEST:
Gary D. Plotz
• City Administrator
7- �.
(612) 587 -5151
HUTCH CITY OF HUTCHINSON
• 37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
TO: - Mayer- &- CQuacil- - - - - - - -
-- - - - - - - - - - - - -
FROM: -Mari 4-n Sxanssn, Admza- ,5?-ctetary - - - - - - - - - - - - -
SUBJECT: — Establishigg City Fges AnA Charges ELc. — — — — — — — _ —
The newly adopted Ordinance Book does not include license fees, utility
rates and charges, permit fees, parking regulations, etc. Therefore,
they must be established (and changed /amended) by Resolution.
• The City Attorney is preparing the basic Resolution for adoption, and
it is left up to City staff /employees to prepare the fees and charges
schedule. Hopefully, it will also be ready by Tuesday!
•
0
RESOLUTION CONTINUING THE EFFECT OF
PARKING AND TRAFFIC REGULATIONS
Resolution No. 9039
WHEREAS, the City of Hutchinson recodified its ordinances and
regulations into a new city code on July 1, 1989;
AND WHEREAS, certain traffic and parking regulations must be
adopted by resolution of the City Council;
AND WHEREAS, it is the intent of the Hutchinson City Council
to continue the parking and traffic regulations that have
previously been established by ordinance;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HUTCHINSON, MINNESOTA.
1. That the Hutchinson City Council hereby declares that all
parking and traffic regulations previously established by ordinance
are carried forth from the 1974 codification to the July 1, 1989,
recodification of the ordinance and regulations of the City of
Hutchinson into what is known as the Hutchinson City Code.
• 2. Any conflict between previous ordinance construction and
current city code will be controlled by the language as exists in
the City Code Revision of July 1, 1989.
Adopted by the City Council this 11th day of July, 1989.
City Administrator
•
Mayor
�r
(612) 587.5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHlNSO%', MINN. 55350
MEMO
JULY 6. 1989
TO: MAYOR & CITY COUNCIL
----------------------------------------------------------- - - - - --
FROM: KEN MERRILL, FINANCE DIRECTOR
----------------------------------------------------------- - - - - --
SUBJECT: MCLAUGHLIN BUILDING DEMOLITION COST
-----------------------------------------------------------------
I have attached the documents we have accumulated on the special
assessment of the McLaughlin property. Again to review we took
cff the special assessment for demolition of the building and
carried the amount on our assessment records internally. The
amount of the $1,544.44 is showing on our records.
• In talking to the county auditors they have a total amount of
delinquent taxes /specials and penalties of 33,696.73. Their office
did not have on hand but additional interest monies would have been
due on this amount. A rate of 8% per year would have to be added.
According to county records the delinquency began in 1977.
If you have any other questions with regard to this matter please
give me or Barry a call.
C.C. G. Barry Anderson
•
DAVID B. ARNOLD
CHARLES R. CARMICHAEL
GARY D. M<DOW£LL
STEVEN A. ANDERSON
G. BARRY ANDERSON
STEVEN S. HOGE
IACRA N. PRETLAND
DAVID A. BRUEGOEMANN
JOSEPH M. PAIEMENT
JAMES UTLEY
JULIA A. CHRISTIANS
RICHARD G. McGEE
ARNOLD & MGDOWELL FOR YOUR INFORMATION.
ATTORNEYS AT LAW
5881 GEDAR LANE ROAD or MtH(SIL •
MINNEAPOLIS, MINNESOTA 55418 -1402 I\ LLIAM W. CAMERON
I
(612) 545 -8000 Q�/ PAUL D. DOVE
M\ TOLL FREE 800- 343-4545
CABLE MCLAN' MINNEAPOLIS
TEL£COPIER (H12(
L ^
May 9, 1989 )J
Gary Plotz
City Hall
City of Hutchinson
Hutchinson, MN 55350
yr,
Re: City of Hutchinson '
McLaughlin Property Matter
Our File No. 3188 -87 -0001
Dear Gary:
(� 501 SOUTH FOURTH STREET
PRINCETON. MINNESOTA 55371
4A (012)388.2214
N TELECOPIER(612) 389 -5508
1
ICI PARR PLACE
HUTCHINSON, MINNESOTA 55350
(012)587 -7575
T£LECOPIER (812) 587 -9099
30 31-12\
fit �
MAY98�9{� D
1
LL
Enclosed please find an April 13, 1989 letter from McLeod County
Attorney, Michael Junge, to my office in regard to the McLaughlin
property matter. Also enclosed please find copies of Minnesota
Statutes cited by Mr. Junge in his letter. Mr. Junge's letter is
self - explanatory, however, I add the following observations:
Minnesota Statute §282.02, Subdivision 3, sets forth the procedure
for a municipality to certify the costs of an improvement to a
parcel of land to the county for collection of those funds. Of
special interest under the McLaughlin facts is the statutory
language that "[No] sale of a parcel of land shall discharge or
free the parcel of land from lien for the special benefit conferred
upon it by reason of the public improvement until the cost of it,
including penalties, if any, is paid." This language clearly
reveals that the City's assessment survives the sale of the
McLaughlin property to Hutchinson Housing and Redevelopment
Authority.
Minnesota Statute §282.01 permits the reinstatement of special
assessments, therefore, permitting the City to impose upon
Hutchinson, HRA the cost of the unpaid special assessment. The
necessary conclusion is that the County's conduct with regard to
the sale of the McL�,;ghlin property was appropriate. It is the
City's option now to either reassess and place the financial
responsibility upon the HRA or do nothing, therefore, assuming the •
cost themselves.
Gary Plotz
• May 8, 1989
Page two
Additionally, I have compiled the following figures tracing the
proceeds from the sale of the McLaughlin property. According to
the county auditors office, Hutchinson HRA purchased the property
for $5,356.00. The following is a breakdown of the county's
distribution of those proceeds:
(1) $256.00 assurance fee to the State of Minnesota
(2) $1,000.00 to the county for expenses
(3) $4,200.00 to -
(a) 408 to county
(b) 408 to Hutchinson schools
(c) 208 to the City of Hutchinson
The 208 distribution to the City of Hutchinson noted in 3(c)
totalled $818.15 and was sent to the City on February 7, 1986.
The proceeds were distributed under the above scheme pursuant tc
Minnesota Statute $282.08, Subdivision 3(c). (A copy of the
Statute is attached for your convenience).
• In a number of telephone conversations, Mike Junge indicated that
the County, prior to selling the McLaughlin property, discussed the
matter with Hutchinson city officials. From those discussions, the
County acted under the assumption that the City would reinstate the
assessments against the property after the sale. The agreement
between the City and County did not necessarily comply with the
strict statutory requirements of $282.08, however, the practical
result of the agreement excepted the parties from the statutory
requirements.
If I can be of any further assistance in regard to this matter,
please do not hesitate to contact me.
Very truly yours,
ARNOL c WEL
G. Barry Anderson
GBA /sem
Enclosure
cc: Michael Junge
• RCM \3188 \01- LTR.04
DAVID B. ARNOLD
CHARLES R. CARMICHAEL
GARY D. IICDOWELL
STEVEN A. ANDERSON
O -BARRY ANDERSON
STEVEN S. HOGE
LAURA R. FRETLAND
DAVID A. BRUEGGEMANN
JOSEPH M. PAIENENT
JAMES UTLEY
JULIA A. CHRISTIANS
RICHARD G. MCGEE
April 6, 1989
ARNOLD & McDOWELL
ATTORNEYS AT LAW
5881 CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 55418 -1402
(812)545 -9000
MN TOLL FREE 800.343 -4545
CABLE MCI -AW MINNEAPOLIS
City of Hutchinson
Attention: Mr. Gary Plotz
37 Washington Avenue West
Hutchinson, MN 55350
TELECOPIER (612)545 -1190
Re: McLaughlin Property Matter
Dear Gary:
Or COUNSEL
WILLIAM M. CAMERON
PALL D. DOVE
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55011
(612( 089. 2214
TELECOPIER(812) 388 -5506
101 PARR PLACE
HUTCHINSON. MINNESOTA 55050
(612) 581 -7575
TELECOPIFR(612) 587 -4096
V * ✓''��
kC? :969 `
T;tii�JED tn
14 �
I write to you regarding the outstanding debt of $1,544.44 due and
owing on the John W. McLaughlin property located at 136 Huron,
Hutchinson.
From discussions with the McLeod County Auditor and his staff, I
learned that the Hutchinson HRA purchased the property for
$5,200.00 plus a $156.00 assurance fee to the State of Minnesota.
Approximately $1,000 went to the County for expenses, leaving
approximately $4,200 for distribution. Approximately $4,200 was
distributed to several entities including 408 to the County, 408
to the Hutchinson School Board and the remaining 208 to the City
of Hutchinson pursuant to Minnesota Statutes 8282.08 Subdivision
3(c). A copy of the Statute is enclosed for your convenience. The
County purportedly sent a check in the amount of $818.15 to the
City of Hutchinson on February 7, 1986. A review of the statutory
language cited by the County seems to permit the method of
distribution followed by the County. However, Subdivisions 1 and
2 of Minnesota Statutes 8282.08 may raise some question with regard
to that distribution scheme. At this point, I am waiting for the
County Attorney to render an opinion as to what happened in this
matter. Until then, any course of action will be premature.
•
•
L
t-al
City of Hutchinson
April 6, 1989
Page 2
0
I will keep you advised as to the progress made in the resolution
of this matter. Should you want to discuss this matter, please do
not hesitate to contact me.
Very truly yours,
ARNOLD & McDOWELL
G. Barry Anderson
GBA�
AGM. \3188 \01- LTH.02
•
•
§282.08 TAX - FORFEITED LAND SALES
281.08. Apportionment of proceeds
The net proceeds from the sale or rental of any parcel of forfeited land, cr from the
sale of any products therefrom, shall be apportioned by the county auditor to the using
districts interested therein, a, follows:
(1) Such portion u may be required to pay any amounts included in the optimised value
under section 282.01, subdivision 3, as representing increased value due to any public
improvement made after forfeiture of such parcel to the state, but not exceeding the
amount certified by the clerk of the municipality, shell be apportioned to the municipal
subdivision entitled thereto;
(2) Such portion of the remainder as may be required to discharge any special
assessment chargeable against such parcel for drainage or other purpose whether due or
deferred at the time of forfeiture, shall be apportioned to the municipal subdivision
entitled thereto; and
(3) Any balance shall be apportioned as follows:
(a) Any county board may annually by resolution set aside no more than 30 percent of
the receipts remaining to be used for limber development on tax - forfeited land and
dedicated memorial forest&, to be expended under the supervision of the county board. It
shall be expended only on projects approved by the commissioner of nslunl resources.
(b) Any county board may annually by evolution ,el aside no more than 20 percent of
the receipts remaining to be used for the acquisition and maintenance of county parks or
reematiomd areas as defined is aeclions 398.31 to 398.36, to be expended under the
supervision of the county board.
(c) If the board don not avail itself of the authority under paragraph (a) or (b) any
balantt remaining shall be apportioned as follows•. county, 40 percent; own or city, 20
pemenC and school distrirL 40 percent, and if the board avails itself of the authority
under paragraph (a) or (b) the balance remaining shall be apportioned among the county,
own or city, and school district in the proportions in this paragraph above stated,
provided, however, that in unorganised territory that portion which should have accrued
to the township shall be administered by the county hosed of commissioners.
Amended by Iowa 1969, e. 9, F 73, eff. Feb. 12, 196., law$ 1969, a 1129, sri. 10, / 2 Lacs 1971-C
775, it 1, eff. June 6, 1971; law$ 1976, a 123, art 5, 1 1; laws 1982, e. 629, alt 3% 1 1. eff. March
25, 1982; ta.a 1987, a 384. art 1. 1 lag.
1171 Amendment Deleted this provisions In
clause (t) of paragraph (4) allotting the suite 10
percent of remaining balan , and increased the
allotment as the county from 30 0 40 Percent
1983 Amendment Detailed clause (3) and m
numbered the following clause aeordintly
clause (3) formerly read:
'Such portion of the nmdndar a may have
been therewfoel k.ied an the panel of land far
any bond issue of the school district town, city
or county. wherein the p.ml of land in ahuated
282.09. Forfeited sag ale fund
shag be apportioned to the municipal subdh+
,ions In the proportions of their respective inter
rat; and"
1967 laglshelos
Uses 1987. e. 384 was a Revhor's bit tomeb
ing enenepas, ambiguous, omitted and oboakte
references and tsxt
Law Reelew Cemmeatorlea
19614 Mad medwraatlon In Ilea of taxatinn!
1969. M Miss. Law R.vkv 179.
Subdivision 1. Money, placed In fond. The county auditor and county lgeasuror
shall place all moneys received through the operation of ,sections 282.01 to 282.13 in a
fund to be known as the forfeited tax Dole fund and all disbursements and cats shall be
charged against that fund, when allowed by the county board. Members of the county
bard may be paid a per diem pursuant to section 375.065, subdivision 1, and reimbuned
for their necessary expenses, and may receive mllnge as now or hereafter fixed by law.
Compensation of a land commissioner and assistants, if a land commissioner is appointed.
shall be in such amount as shell be determined by the county board. The county auditor
shall receive 60 cents for each eertiflrats of Dole, each contract for deed and each leas,
executed by the auditor• and in counties when no land commissioner in appointed such
02
•
TAX - FORFEITED LAND SALES § 282.09
Mote 5
additional annual compensation, not exceeding $300, as shall be fixed by the county board.
Compensation of any other clerical help that may be needed be the county auditor or land
commayo ner shall he in such amount as shall he determined by the county board. All
compensation provided for herein shell be in addition to other compensation allowed b5•
law. I," so charged in addition to the fee imposed in section 2p2.014 shall he included in
the annual settlement by the county auditor as hereinafter provided. On or before
February 1 in each year. the commissioner of revenue shall certify to the commissioner of
finance, by count". the total number of state deeds issued and reissued during the
preceding calendar year for which such fees are charged and the total amount thereof.
When dusbursemtmu are made from the fund for repairs, refundments, expenses of
actions to quiet title, or any other purpose which particularly affects specific parcels of
forfeited land,, the amount of such disbursements shall be charged to the account of the
using districts interested in such parcels. The county auditor shall make an annual
settlement of the net proceeds received from sales and rentals by the operation of
,sellers 282.01 to 282.13. N the regular March settlement, for the preceding calendar
Year.
(.See main rolume for tent of subd. yJ
Amended by lair, 1969, e. 1148.6 39; tar. 1973, e. 493, 1 14; [Ave, 1975, e. Set 1 5; Lawa 1975, C.
Yd, 1 4,, I .a.. 14F2, a 523, art. 19, 1 s, eff. Jan. 1, 1983; law, 198. c, 114.
1949 Imendment. Laws 1969, e. 1118, genre.
dh m.i.rd fns Is,d to the suit upward
throur Local euote. The .mendmem of thin .re.
tom .. a part of that general revision. La %v
1969, r. 1140, 1 67 provided in par that ...h
s ctnm is m effect an the claw the fee imposed
sac," due and Peyalde after final enactment
16"', rner. y9•mr.l June 9, 19691. ..rcpt
m
.rndmvuts of 168.45, 10 54. solid. 4, and the
n•rh•ratnms rode which wen efknite Neer
July 2. I:,4%
IYS Amendment Reserve the second Ben.
fence s1,r11 prior Iho"to, cod: "Conionsalion
of rerml.n of the rounly bond shall be at the
nu wf 110 per day and mileage as now or
brreaf ,r hard Ly law with the aggregate coin.
m
leau,,n of any member of a county board for
urn wrs rcnderrd hereunder not o averted the
rum of 1:1011 in am' one c..r,"
Iona 1975, e. 301, 1 17, provides In part
'Thu .et as effectne the day following find
enartmrm ' Ifovemor's wpprovd June
Any amounts in the nature of per diem, pay.
able to members of the board of county runmat-
samen pursuant to laws amended, repealed, ar
supenlded by this art may edmnew a be paid
.nett the board of only commissioner stab
linhes entepeaalgn for its members in accord.
wart %1111 ,Ilion 315055, subdivision 1 are until
January 1, 1917, whichever ateon first"
11p Amendment. Deleted tit, s,vemh sen-
uewv from salad 1 which cad:
"Out at the gross proceed. in this fund then
&lull Ise pad u the cote, in addition to any
distribution of net proceeds therefrom, a fee of
93 for each and every state deed hereafter in.
sued w elatsaed by the eommink i of menu,
Pers ... I ts the auk of any u, forfeited lands.
Fen ao charged shall he included In the annual
•
settlement by the county author u hereinafter
provided"
Added "in addition to the fee impoed in sec -
lion 202014' in the fallo.mg .entree,.
1989 Amendment. lava 1960. a 444. 1 1.
elevated gender specific referenc,. applicable to
human beings throughout Minn. Sulu, by adopt
ing by reference protmed amendments for such
revu m prepared by the m,.r of statute. pair-
.,ant o lie. 190, e, 4M. 1 21, and ceru6ed
and filed with the s"tary of ants on Jan. 24.
1986. Section 3 of law. 1986, c. 444. provides
that the amendments "do not change the sub
sulnn of the .astute amended .'•
Rot., of nerldons
1. Conrteartlon and application
The state deed, fee as mere.,ed by the 1969
amendment of that section u payable at the
Increased rate for ail deeds issued during 1969
rather than for deeds usued after the effective
date because the fee does not become due and
payable until the Commissioner retufres the
number of deeds issued during the preeeding
year and this earufitatkas occurs by February of
the follovine year with respect to dl deed.
issued during the precedtng year and tberefore
the b,crea.ed rasa applies to all deeds rerorwd at
that Ums, that Is o all deed, issued during 1969.
Op.Alty.Gen., 196 -s, Sept. 12, 1969.
Thin section don not autborise only board
to use tax -forfeited Umber devebpreenl funds
for construction of public settss and recreational
developments an ri.vrs and lakes on us forfero
ed kids. Op.Arty.Gen., I078 -9, Aug. 26, 1965.
4 Maintenance and lan aw,rsmt
County Board mid not use fund. In Forfeited
Tax Sale Fund a maintain and improve own
83
0
JW37 (612) 587 -5151
CITY OF HUTCHINSON
WASHINGTON AVENUE WEST
TCHINSON, MINN. 55350
MEMO
MARCH 24, 1989
TO: MAYOR & CITY COUNCIL
------------------------------------------- ---------------- - - - - --
FROM: KEN MERRILL, FINANCE DIRECTOR
----------------------------------------------------------- - - - - --
SUBJECT:McLAUGHLIN PROPERTY INFORMATION UPDATE
----------------------------------------------------------- - - - - --
Ed Ide, McLeod County Auditor, has provided the following
information regarding tax forfeited land. When the land goes tax
forfeit, all back taxes are cancelled. A minimum bid is
• established, hopefully low enough, to bring a bid. This minimum
is based upon the County Assessor's estimate.
•
At the time a letter is sent to the city asking if assessments will
be reinstated and the amounts and are announced at the time of the
auction. We said the assessments would be reinstated.
All monies collected from the sale are distributed by the County
Auditor, after expenses are deducted, and distributed base upon
CURRENT TAX LEVIES. All monies are distributed this way and may
not be used to payoff assessments. This according to Ed Ide is
per Mr. State Statue.
Again in our case the building demolition cost has been carried on
our books. It was not recertified to the county. It was our
thinking the collection would occur when the property was sold.
We cannot however find any documentation to substantial this
procedure.
I have enclosed the previous memos from the last council meeting
and have visited with Barry Anderson about this matter.
(612) 587.5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
MEMO
MARCH 8, 1989
TO: MAYOR & CITY COUNCIL
-----------------------------------------------
FROM: KEN MERRILL, FINANCE DIRECTOR
----------------------------------------------
SUBJECT: DEMOLITION COST ON MCLAUGHLIN BUILDING
Several years ago the city demolished the building on Lot 5 Block
18 South 112 city know as the John W. McLaughlin Property - 136
Huron. At the time of demolition we certified the amount to taxes
for collection.
The property went tax forfeit and was sold at auction and purchased
by the Hutchinson HRA. At the time of the sale we stated, which
has been confirmed by the County Auditor, the assessment would be
reinstated on the property when it was sold. We placed the amount
on our records believing the payment would occur at the time the
property was sold by the HRA.
This property was sold and now the matter of the $1,544.55
according to our record would be due and payable. The HRA does not
believe the amount should be paid. They did not have an assessment
search until the property was sold and the $1,544.44 shows on this
search.
The question being asked if the City Council would forgive the
$1,544.44 or is the amount due and payable apparently by the HRA.
We can find no action taken on this by the city counci l in the
recorded minutes.
•
•
11
(612) 587 -5151
JWJHUTCHINSON, ITY OF HUTCHINSON
WASHINGTON AVENUE WEST
MINN. 55350
June 29, 1989
M E M O R A N D U M
TO: Mayor and City Council
FROM: Jim Marka, Building Official 91}1
RE: Consideration to Re- establish Building Permits and Fees
for Reshingling and Residing 1 and 2 Family Dwellings
As you know, building permits for reshingling and residing on 1 and
2 Family Dwellings was eliminated because it was the concensus
that a fee should not be charged on maintenance type work.
• If the City Council so desires, I would propose the building permits
again be required for reshingling and residing with the fixed fees
of $10 and $20, plus the $.50 state surcharge.
JM /bj1
cc: Gary Plotz, City Administrator
Ken Merrill, Finance Director
Don Johaneson, Building Inspector
a,
(612) 587 -5151
f/HTIH CITY OF HUTCHINSON
• 37 WASHINGTONA VENUE WEST
�� HUTCHINSON, MINN 55350
M E M O R A N D U M
DATE: July 7, 1989
T0: —Mayor — & — Council
— —----- — — — — — — — — — — — — — — — — — — — —
FROM: — M7z1�ycLS�aasQns AdmiaiztLa1imeCacrerPry— — _ — — — — — —
SUBJECT: _$etaina$e Paadyc -LiD-n —fQr_Rabert_ L. Carr Comwan y — — — — _ —
Correspondence regarding this item will be received from George MacDonald,
• Donohue & Associates, for the Tuesday Council meeting.
cc: Randy DeVries, WWTP Dir.
•
0
•
L�
hIG INC CAS
AFCHITLCTS
SC I ENT IS TS
2./2,d
July 10, 1089
City of Hutchinson
37 T:ashington Avenue Test
Hutchinson. M` 55350
Attn: Mr. Car,; Plotz
Clty Administrator
Re: City of Hutchinson
Wastewater Treezmer.•z Facility
Donohue Project too. 41880
R.L. Carr Co.
Progress Payment -26
Dear Mr. Plotz:
After reviewing the project status
is recommended that the retainage
reduced fro-+ $1.0,000_.00 to $5,000
Company providing 1/ a final.
Mechanical: 2) additional lawn
areas, and 3) painters to complete
with Mr. Randy DeVries, it
en R.L. Carr's contract be
.00 conditioned on R.L. Carr
loin waiver from Harris
teed to the WWTF for bare
painting items.
If you have any questions, please contact me.
Very truly yours,
DONOHUE & ASSOCIATES, INC.
Geor.Fe MacDonald, P.E.
Project Engineer
C S /sjw
T / L /OCO
cc: Doug Tholo
Mi }'E. '- Light ICGc:
Kin Christenser. ;R.L. Carr;
• 9?uOHeminckLela. }br;h
Suite 100
Marla Grove, Minrasore £i ?69
6124151181
Tele%ar 611.415.141-1
ET6T Sat' NW '3AO215 37dUW 3nHUNOII_80 :VT 68. OT -Ur-
(612) 587.5151
Hvrcy' CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HL!TCHINSON, MINK 55350
June 29, 1989
M E M O R A N D U M
TO: Mayor and City Council
n
FROM: Jim Marks, Building Official L.kA,
u
RE: Tartan Park Sewer Connection
It is my understanding that Tartan Park's concession stand is not
connected to the city sanitary sewer line.
• If this is the case, I am requesting your consideration to authorize
connection to the city sanitary main.
JM /bjl
cc: Dolf Moon, Recreation and Park Director
Gary Plotz, City Administrator
Ken Merrill, Finance Director
Marlow V. Priebe, City Engineer
Randy DeVries, Director W /WWTP Operations
11
(612) 587.5151
JWJHUTCHINSON, ITY OF HUTCHINSON
WASHINGTON AVENUE WEST
MINN. 55350
M E M 0
DATE: July 6th, 1989
TO: Mayor and City Council L,�
FROM: City Engineer
RE: Sewer Hook -up
Concession Stand
Tartan Park
Attached is the 1988 Cost Estimate for the above - referenced hook -up at
Tartan Park, that I verified is still valid.
The street repair should be completed by the Street Department, as it would
be cost effective for the City.
40
MVP /pv
attachment
•
w P ' e-A
Marlow V. Priebe
City Engineer
LISTING CHART
JUUL CONTRACTING CO.
Fee L l/L
d,,tt. '/iltt
Park
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sin%. S/44
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Critin
POLICE DEPARTMENT MEMORANDUM
TO: Gary Plotz, City Administrator
FROM: Steven Madson, Chief of Police6-y-
DATE: July 3,1989
R£: Purchase of New Radar Equipment
Attached hereto please find a copy of an advertisement from Kustom
Electronics Incorporated of Lanexa, Kansas. I direct your
attention to the back page of the flier which has the Pro -1000
radar unit pictured. This particular radar unit apparently has a
special that is the introductory price of which would be extremely
beneficial to take advantage. The introductory special on this
particular unitis such that if we purchase one we get one unit free
or we receive two units for the cost of $1,790.00 or $895.00 each.
The Police Department has researched this particular type of unit
and believes that this unit would fit our needs very well. I would
like to point out that the Police Department has not purchased a
new radar unit since 1984 and our oldest radar unit currently in
operation is at least 12 years old. In an attempt to improve
traffic enforcement in the community the Police Department is
attempting to utilize more vehicles and absent sufficient radar
units in the vehicles it is impossible to detect speed violations.
I would also like to point out that these particular units will be
part of our capital expenditures request for the 1990 budget. If
purchased now, the need for 1990 capital outlay for radars would
be eliminated. I believe that sufficient monies could be Pound
within the department budget for 1989 if this expenditure were
approved.
As I mentioned previously. I believe that $1,790.00 could be saved
by taking advantage of the special introductory offer. I would
request that approval be given for the purchase of these radar
units.
If you have any questions or concerns regarding this memorandum
please do not hesitate me at your earliest convenience.
89 -02 -0003
E
•
•
KUSTOM'S
C SAFETY RADAR UNIT!
BUY 1, GET I FREE!
Several months ago, Kustom introduced the first
qualit} X -Band radar unit to the market. Due to
overwhelming response, we are pleased to announce
a 2 for I special for the KR -10SP X -Band.
Throu,h Juh 5 Kustom Electronics is offer-
ing Traffic Safety Professionals the opportunity to
purchase one KR -IOSP X -Band and receive a
second KR-IOSP X -Band radar unit ABSOLUTELY
FREER
KR -10SP X -BAND
Single Antenna
List Price ............ $1770
Introductory Special .... $1770 for 2 X -Band units
Call your DISTRICT MANAGER today for more
information on dual antennas, other radar units or
our Lease /Purchase Plans at 800 - 255 -6311.
KUSTOM
ELECTRONICS
NEW
Features include:
■ Moving/Stationary Modes
KR -10SP X -BAND
RADAR UNIT
• Automatic internal crystal error test
• Automatic light dimmer
• Target acquisition from RF Hold in a frac-
tion of a second
■ Weather resistant antenna
■ Single or dual antenna available
Please allow approximately 30 -60 days for
delivery.
i IV
KR -10SP X -BAND
Kustom's tradition and dedication to
manufacturing high quality and reliable products
is continued with the KR -10SP X -Band radar unit.
Also, as part of Kustom's product support policy,
authorized maintenance centers
are located nationwide.
KRAOSP is also available in K -Band!
(Call your District Manager for pricing)
•
•
•
HURRY! OFFER ENDS JULY 319 1989
• Other Kustom Radar Units . . .
•
H.A.W.K.
H.A.W.K. K -BAND
The H.A.W.K. is the only moving
radar system that gives you complete
coverage of vehicles in same and op-
posite lanes and in front of and behind
the patrol vehicle.
H.A.W.K. features include:
• Electronic stopwatch for clocking
traffic.
• Hand -held remote control for easy
operation.
• Exclusive jammer detection when the
unit is in the hold mode.
• Doppler audio with volume control.
• Optional dual antenna.
The H.A.W.K. and other Kustom radar units are available
without lock capability to meet the requirements of those
agencies requiring non - locking systems.
._- - - -__— - - -___ CUTHERE C-
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Unmatched performance ...
■ Operator can select the range for which the
radar will begin displaying the speeds of target
vehicles.
• Hold lets the operator turn off the transmitter.
allowing the radar to be undetectable.
• Operates on K -Band frequency.
Only unit of its kind ...
• Third window displays the locked target vehi-
cle speed, allowing the user to simultaneously
lock and track vehicle speeds.
• Compact unit fits in both full size and com-
pact size cars. It measures 2.5 inches by 8
inches by 5 inches, and weighs only 2.25
pounds.
• Two -piece design DOES NOT require remote
electronics components box under the seat or
in the trunk.
■ Operates on K -Band frequency.
LHich ;;r '�LIi.E
HUT ;41NSON rQLI-�E DEP ART PENT
+ f'RANRLI`i STREET SOUTi
HUTLHIN.�O,vr +ty. A.
553JO -Cie
L
Falcon
PRO -1000
®
KUSTOM
ELECTR
EIKTRONKS
INC.
8320 NIEMAN ROAD
LENEXA, KANSAS 66214 -1510
PLACE
STAMP
HERE
9-
•
•
j
POLICE `E Y jAiY'.
DEPARTMENT MEMORANDUM
T0: Gary Plotz, City Administrat
FROM: Steve Madson, Chief of Polic
DATE: July 3,1989
RE: Bicycle Option Receipts
-------------------------------------- ----- ----- ------ ---- - - - - --
In early June, the Police Department conducted its annual auction
of bicycles which were found, abandoned, or confiscated because of
the items being unclaimed stolen property. The net proceeds from
the auction amounted to $1,187.00. These funds are unallocated
funds which were not budgeted in the 1989 budget for the community.
Since these funds were unallocated I would like to request that
certain items of equipment for the Police Reserves as well as two
items for the police building be allowed to be purchased with
monies derived from the bicycle auction.
I would like to point out that the Police Reserves spent a
significant amount of time in cleaning the bicycles, repairing the
bicycles and assisting at the bicycle auction.
The items of equipment for the Police Reserves include:
4 reversible rain coats @ $65.00 =
$260,00
3 Streamlight
SL20 flashlights and
chargers @ $95.00
= $285.00
8 basket weave
flashlight holders @
$25.00 =
$200.00
Total $750 00
Additionally, the Police Department would request that
approximately 22 square yards of carpet be purchased for the
purpose of covering the floor in the new conference area in the
basement. Approximately 22 yards is necessary to complete the
project and it is anticipated that the carpet would cost
approximately $250.00.
The last item would be a 6 foot marker board for the new conference
room area with an approximate cost of $125.00.
The aggregate expenditure would amount to $1,170.00 if approved.
I would request that consideration be given for this expenditure.
If you have any questions or concerns regarding this memorandum
please. do not hesitate to contact me at your earliest convenience.
0 89 -02 -0002
9 -'�e
•
(612) 587 -5151
ff ITY OF H UTCHINSON
WASHINGTON AVENUE WEST
CHINSON, MINN. 55350
MEMO
JULY 6, 1989
TC: MAYOR & CITY COUNCIL
---------------------------- - - - - --
FROM: KEN MERRILL, FINANCE DIRECTOR
---------------------------- ----------------------- - - - - --
SUBJECT: SALE OF 1989 IMPROVEMENT BONDS
A resolution calling for the sale of the 1989 improvement bonds is
being drafted for City Council approval. Because all the numbers
will not be known until the afternoon of the July 11 bid opening,
the exact size of the bond issue is not known.
Mr. Bi1j Fahey wi11 be on hand to address any concerns of the Mayor
and Council members.
0
CITY OF HUTCHINSON
1989 IMPROVEMENT BONDS
PROJ # DESCRIPTION
89-01
SCHOOL RD & S. GRADE
89 -02
WAGNER SUB & LITES
89 -03
DOWNTOWN SPRINKLING
89 -04
SOUTH GRADE ROAD SIDEWALK
89 -05
TEXAS AVE
89 -06
CONNECTICUT ST
89 -07
CAROLINA AVE
89 -08
DARREL /MCDONALD /PARK ISLAND
89 -09
minnie mine
89 -10'
PARKING LOT - QUADE
89 -11
PARKING LOT - FRANKLIN
89 -12
KEITH & SUNSET
89 -13
T. H. 7 EAST
89 -14
(UNASSIGNED)
89 -15
BLUFF /WALLER DR.
89 -16
1990'S SIDEWALK
STREET LIGHTS 1988/89
TYPE OF LETTING
WORK NUMBER
3 1
4 2
2,5
ENGINEERING
CONTINGENCY
COST OF ISSUANCE
CAPITAL INTEREST
DISOUNT
TOTAL
1 4
1 4
1 4
1 REJECTED
BID PRICE
69604
209943
36195
83635
1 PROJECT DELETED 3/14/89
2 4
5 364000
20000
-- 149400-
932777
ROUNDED 933000
112000
47000
SUB TOTAL 1092000
43000
96000
SUBTOTAL 1231000
19000
1= GRADING AGGREGATE BASE, CURB & GUTTER bIT SURFAC. & APPURT.
2= BITUMINOUS SURFACING
3 =WATER MAIN CONSTRUCTION
4= SANITARY, WATER, S.S.,GRADI`iG
(NOTE ALL STREET LITES FOR 1989 ARE IN THIS PROPOSAL)
5= STORM SEWER
•
1250000
9 -�
a5-V CERTIFICATION OF MINUTES RELATING TO
$1,52.5 -,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1989
Issuer: City of Hutchinson, Minnesota
Governing body: City Council
Kind, date, time and place of meeting: A regular meeting held
on July 11, 1989, at 7:30 o'clock, p.m.,
at the City Hall in the City of Hutchinson, Minnesota.
Members present:
Members absent:
Documents attached:
Minutes of said meeting (pages): 1 through 9
RESOLUTION NO. %03S
RESOLUTION RELATING TO $1,s.zz ;000 GENERAL
OBLIGATION IMPROVEMENT BONDS OF 1989;
is CALLING FOR THE PUBLIC SALE THEREOF
I, the undersigned, being the duly qualified and
acting recording officer of the public corporation issuing the
obligations referred to in the title of this certificate,
certify that the documents attached hereto, as described above,
have been carefully compared with the original records of the
corporation in my legal custody, from which they have been
transcribed; that the documents are a correct and complete
transcript of the minutes of a meeting of the governing body of
the corporation, and correct and complete copies of all
resolutions and other actions taken and of all documents
approved by the governing body at the meeting, insofar as they
relate to the obligations; and that the 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
and the seal of the City this day of July, 1989.
Gary D. Plotz
City Administrator
• (SEAL)
Member introduced the following resolution •
and moved its adoption:
RESOLUTION NO.
RESOLUTION RELATING TO $1,'545,000 ,000 GENERAL
OBLIGATION IMPROVEMENT BONDS OF 1989;
CALLING FOR THE PUBLIC SALE THEREOF
BE IT RESOLVED by the City Council of the City of
Hutchinson, Minnesota (the City), as follows:
1. Authorization and Combination of Improvements. It
is hereby determined that it is necessary for the City to issue
and sell its General Obliga i Improvement Bonds of 1989 in
the principal amount of $1, 000 (the Bonds) to finance the
following local improvement projects being undertaken by the
City pursuant to Minnesota Statutes, Chapter 429:
(the Improvements).
$28,000 of the principal amount of the Bonds represents
interest as provided in Minnesota Statutes, Section 475.56.
Pursuant to Minnesota Statutes, Section 429.021, subdivision 2, •
the Improvements are combined for purposes of financing.
It is hereby determined that the City Administrator
shall receive and open sealed bids for the purchase of the
Bonds on August 8, 1989, at 11:00 o'clock A.M., and this
Council shall meet at 7:30 o'clock P.M. that same date to award
the sale.
2. Sale. The City Administrator is hereby authorized
and directed to cause notice of the time, place and purpose of
said sale to be published at least ten days in advance of the
bid opening in a legal newspaper having general circulation in
the City, and in a periodical published in Minneapolis,
Minnesota, giving financial news and of general circulation
throughout the State, which notice shall be in substantially
the following form:
•
-2-
• TICE OF BOND SALE
$1,10000 GENERAL OBLIGATION
IMPROVEMENT BONDS OF 1989
CITY OF HUTCHINSON, MINNESOTA
•
NOTICE IS HEREBY GIVEN that the City of Hutchinson,
Minnesota, will receive sealed bids for the purchase of
$1,525,000 General Obligation Improvement Bonds of 1989, of the
City (the Bonds), at the City Hall in Hutchinson, Minnesota,
until 11:00 a.m. on Tuesday, August 8, 1988, at which time the
bids will be opened and tabulated. The City Council will meet
at 7:30 p.m. the same day to consider such bids and award the
sale of the Bonds. The Bonds will be issued for the purpose of
financing local improvements within the City. The Bonds will be
issuable as fully registered bonds of single maturities, in
denominations of $5,000 or any integral multiple thereof, will
be dated, as originally issued, as of August 1, 1989, and will
mature on February 1 in the following years and amounts:
Year Amount
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
$175,000
150,000
150,000
150,000
150,000
150,000
150,000
150,000
150,000
150,000
The City will select a bank, financial institution or trust
company to act as Bond Registrar, Transfer Agent and Paying
Agent. Interest will be payable on each February 1 and
August 1, commencing February 1, 1990, to the registered owners
of the Bonds appearing of record in the Bond Register as of the
15th day of the immediately preceding month. The rate of
interest expressed for a maturity may not exceed the rate
specified for Bonds of any subsequent maturity. Bonds having
stated maturities in 1996 and later years are each subject to
redemption, at the option of the City and in whole or in part,
and if in part, in inverse order of maturities, and in $5,000
principal amounts selected by lot within a maturity, on
February 1, 1995, and on any interest payment date thereafter
equal to the principal amount thereof to be redeemed plus
interest accrued to the date of redemption. A legal opinion
will be furnished by Dorsey & Whitney, of Minneapolis,
Minnesota. Copies of a statement of Terms and Conditions of
-3-
Sale and additional information may be obtained from the •
undersigned or from Ehlers and Associates, Inc., 2950 Norwest
Center, 90 South 7th Street, Minneapolis, Minnesota 55402;
telephone 612- 339 -8291, financial consultants to the City.
Dated: July 11, 1989.
BY ORDER OF THE CITY COUNCIL
Gary D. Plotz
City Administrator
City of Hutchinson, Minnesota
1]
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• 3. Terms and Conditions of
statement of Terms and Conditions of
terms and conditions for the sale an
such terms and conditions are hereby
incorporated in material distributed
the Bonds:
•
•
-5-
Sale. The following
Sale shall constitute the
9 issuance of the Bonds and
authorized to be
to prospective bidders for
TERMS AND CONDITIONS OF SALE •
$1,525,000 GENERAL OBLIGATION
IMPROVEMENT BONDS OF 1989
CITY OF HUTCHINSON, MINNESOTA
Sealed bids for the purchase of $1,525,000 General
Obligation Improvement Bonds of 1989 (the Bonds) of the City of
Hutchinson, Minnesota (the City) will be received at the office
of the City Administrator, until 11:00 a.m., on Tuesday,
August 8, 1989, when they will be opened, read and tabulated.
The bids will be presented to the City Council for
consideration at a meeting to be held at the City Hall at
7:30 P.M. on the same date. This is a statement of the terms
and conditions upon which the bids for the Bonds will be
received, the sale thereof awarded and the Bonds issued.
PURPOSE
The Bonds will be issued for the purpose of financing
the cost of construction of local improvements within the City,
in accordance with the provisions of Minnesota Statutes,
Chapters 429 and 475.
TYPE, DENOMINATION, MATURITIES AND REDEMPTION
The Bonds will bear a date of original issue, as of •
August 1, 1989, will be in fully registered form and in
denominations of $5,000 or any integral multiple thereof, of
single maturities, and will mature on February 1 in the
following years and amounts:
Year Amount
1991
$175,000
1992
150,000
1993
150,000
1994
150,000
1995
150,000
1996
150,000
1997
150,000
1998
150,000
1999
150,000
2000
150,000
The Bonds maturing on and after February 1, 1996 shall each be
subject to redemption and prepayment, at the option of the City
and in whole or in part, and if in part, in inverse order of
maturities and in $5,000 principal amounts selected by lot
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• within a maturity, on February 1, 1995, and on any interest
payment date thereafter, at a price equal to the principal
amount thereof to be redeemed plus interest accrued to the date
of redemption.
INTEREST PAYMENT DATES AND RATES
Interest will be payable on February 1, 1990 and
semiannually thereafter on each February 1 and August 1, to the
registered owners of the Bonds appearing of record in the bond
register as of the close of business on the 15th day (whether
or not a business day) of the immediately preceding month. All
Bonds of the same maturity must bear interest from date of
original issue until paid at a single, uniform rate, not
exceeding the rate specified for Bonds of any subsequent
maturity. Each rate must be expressed in an integral multiple
of 5 /100 or 1/8 of 1%, not exceeding the rate specified for
Bonds of any subsequent maturity.
BOND REGISTRAR, TRANSFER AGENT
AND PAYING AGENT
The City will designate and contract with a bank,
financial institution or trust company to act as Bond
Registrar, Transfer Agent and Paying Agent (the Registrar).
• The Bond Register will be kept, principal and interest will be
paid to the registered owner of each Bond and transfers of
ownership will be effected by the Registrar. The City will pay
the reasonable and customary charges of the Registrar for such
services. The City reserves the right to remove the Registrar
and appoint a successor.
•
DELIVERY
Within 90 days after the sale, the City will deliver
to the Registrar the printed Bonds ready for completion and
authentication. The original purchaser of the Bonds must
notify the Registrar, at least five business days before
delivery of the Bonds, of the persons in whose names the Bonds
will be initially registered and the authorized denominations
of the Bonds to be originally issued. If notification is not
received by that date, the Bonds will be registered in the name
of the original purchaser and will be issued in denominations
corresponding to the principal maturities of the Bonds. On the
day of closing, the City will furnish to the purchaser the
opinion of bond counsel hereinafter described, an arbitrage
certification and a certificate verifying that no litigation in
any manner questioning the validity of the Bonds is then
pending or, to the best knowledge of officers of the City,
threatened. Payment for the Bonds must be received by the City
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at its designated depositary on the date of closing in •
immediately available funds.
LEGAL OPINION
An opinion as to the validity of the Bonds and the
exemption from taxation of the interest thereon will be
furnished by Dorsey & Whitney, of Minneapolis, Minnesota and
will be printed on the Bonds. The legal opinion will state
that the Bonds are valid and binding general obligations of the
City enforceable in accordance with their terms, except to the
extent to which enforceability may be limited by state or
United States laws relating to bankruptcy, reorganization,
moratorium or creditors' rights.
QUALIFIED TAX - EXEMPT OBLIGATIONS
The Bonds will be designated by the City as "Qualified
Tax - Exempt Obligations" within the meaning of Section
265(b)(3) of the Internal Revenue Code of 1986, as amended.
TYPE OF BID AND AWARD
Sealed bids must be mailed or delivered to the
undersigned and must be received prior to the time established
above for the opening of bids. Each bid must be unconditional.
A good faith deposit in the amount of $30,500 must be submitted
with each bid. The good faith deposit must be in the form of a
certified or cashiers check or bank draft or a wire transfer of
funds to Resource Bank & Trust Company, ABA #09 -19- 0550 -6 for
further credit to Ehlers and Associates, Inc. Bond Issue Escrow
Account #850- 788 -1, Attention: Nancy Allen. The good faith
deposit will be retained by the City as liquidated damages if
the bid is accepted and the bidder fails to comply therewith.
The good faith deposit will be returned to the purchaser at the
closing for the Bonds. The bid authorizing the lowest net
interest cost (total interest from date of Bonds to stated
maturities less any cash premium or plus any discount) will be
deemed the most favorable. No oral bid and no bid of less than
$1,497,000 plus accrued interest on all of the Bonds will be
considered and the City reserve the right to reject any and all
bids and to waive any informality in any bid.
CUSIP NUMBERS
The City will assume no obligation for the assignment
or printing of CUSIP numbers on the Bonds or for the
correctness of any numbers printed thereon, but will permit
such numbers to be assigned and printed at the expense of the
•
ME
• purchaser, if the purchaser waives any delay in delivery
occasioned thereby.
•
11
Information for bidders and bidding forms may be
obtained from the undersigned or from Ehlers and Associates,
Inc., 2950 Norwest Center, 90 South 7th Street, Minneapolis,
Minnesota 55402, telephone: 612 - 339 -8291, Financial Consultants
to the City.
Dated: July 11, 1989.
BY ORDER OF THE CITY COUNCIL
Gary D. Plotz
City Administrator
City of Hutchinson, Minnesota
am
4. Official Statement. The City Administrator and •
other officers of the City, in cooperation with Ehlers and
Associates, Inc., financial consultants to the City, are hereby
authorized and directed to prepare on behalf of the City an
official statement to be distributed to potential purchasers of
the Bonds. Such official statement shall contain the statement
of Terms and Conditions of Sale set forth in paragraph 3 hereof
and such other information as shall be deemed advisable and
necessary to describe accurately the City and the security for,
and terms and conditions of, the Bonds.
Attest:
Mayor
City Administrator
The motion for the adoption of the foregoing resolution
was duly seconded by Member
and upon vote 0
being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared passed and adopted,
signed by the Mayor and his signature attested by the City
Administrator.
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/'/ (612) 587 -5151
JIW37 CITY OF HUTCH /NSON
. WASHINGTON AVENUE WEST
TCHINSON, MINN. 55350
MEMO
JULY 6. 1989
T0: MAYOR & CITY COUNCIL
FROM: KEN MERRILL, FINANCE DIRECTOR
SUBJECT:1990 TAX LEVY & CITY BUDGET
I would like to review the dates of the 1990 budget meetings and
also consideration of 1990 tax levy.
As you are aware Governor Perpich has vetoed the 1989 tax bi l l
• creating many possibilities for the 1990 year. A recent
legislative update, given by the League of Minnesota Cities,
reviewed options including setting the tax levy based upon 1988 law
which is currently in effect. If the legislature and governor can
agree, a special session may be called and a new law passed which
would alter the numbers and time table for 1990 .
E
Because of this variable the League of Minnesota Cities has said
you may want to comply with 1988 law and set a tax levy by August
1st. I will be presenting the options at this meeting and
depending on the wishes of the City Council formal action can take
place at the next regular meeting July 25, 1989.
Attached is a copy of the Department of Revenue from Commissioner
John James which the city recently received.
9 -�
Proposed Tax Levy
to McLeod County
CITY OF HUTCHINSON
COMPARISON OF TAX LAWS
Current Law
(1988 Passage)
August 1, 1989
Hearing Prior to adption with
individual notice showing
impact and hearing date.
Certified Tax Levy
Levy Limites Certified
Local Government Aid
Certified
October 25, 1989
Department of Revenue
Revision
October 1, 1989
Published notice in
paper (specific guide-
lines) .
November 9, 1989
August 15, 1989
August 15, 1989
0
Vetoed
Tax Bill
September 15, 1989
County mail generic
notice November 10.
December 20, 1989
September 1, 1989
September 1, 1989
Requires Certifica-
tion of payment to
all lobbyists.
I
County Market
Tax Capacity
Overall Levy Limit
Local Government Aid
Special Levies
Debt Service
Total Certified
Tax Rate
Tax Base Equalization Aid
Disparity Aid
* Vetoed Tax Bill
CITY OF HUTCHINSON
LEVY LIMITS & STATE AIDS
$ 228,410,400
6,729,822
2,589,960
1,320,718
1, 269,242
1,008,749
2,277,991
34.41%
133,013
1990
$ 242,022,300
2,667,659 est.
1,410,739
1,259,920
198,116
133,013
0
NEW NET TAX CAPACITY PERCENTAGES
UNDER 1988 LAW COMPARED TO VETOED TAX BILL
PAYABLE 1990
VETOED PERCENT
PROPERTY CLASS 1988 LAW TAX BILL CHANGE
RESIDENTIAL HOMESTEAD
Under $68,000
1.00 $
0.95 $
- 5.0 $
$68,000 - 100,000
2.50
1.80
- 28.0 * * **
Over $100,000
3.30
3.00
- 9.1 * * **
Disabled Homestead
0.40
0.40
0
RENTAL PROPERTY
Fewer than four units
3.50
2.88
- 17.7 * * **
Four units or more
4.10
3.38
- 17.6 * * **
_ Type I & II, 5+ stories
3.50
3.38
- 3.4
Type II subsidized apts.
2.50
2.50
0
Farmers Home Admin.
1.50
1.50
0
• COMMERCIAL /INDUSTRIAL
under $100,000 3.30 3.15 - 4.5
$100,000 - $150,000 5.25 3.15 - 40.0 * **
- over $150,000 5.25 5.05 - 3.8
STATE OF MINNESOTA
OEPARTMENT OF REVENUE
June 23, 1989
To: Mayors, City Managers and City Clerks of all Minnesota Cities
JUN1989
RECEIVED
As you know, Governor Perpich has vetoed the omnibus tax bill passed by the 1989 state
legislature. The Governor has said that he will call a special session of the legislature in
September to consider another tax bill for 1989 if he and legislative leaders agree in
advance on provisions to reform Minnesota's property tax system.
The veto of the 1989 tax bill and the possibility that a special session of the legislature
will pass a new tax bill for 1989 will affect:
• state aid amounts for property tax payable in 1990 for all cities;
• levy limits for payable 1990 for cities with populations over 2,500;
• levy limits for payable 1990 for cities with populations under 2,500 which are
receiving aid from taconite production tax revenues; and
• actions which cities with populations over 2,500 are required to take in
connection with the preparation by counties of truth in taxation notices — also
referred to as proposed property tax bills. ,
In general, the veto of the 1989 tax bill means that unless the legislature in a special
session passes and the Governor signs another tax bill, cities will receive state aid
amounts and will be subject to levy limits and truth in taxation provisions which were set
for payable 1990 by the law now in effect — the tax bill enacted in law in 1988.
The attached summary and instructions explain what cities must do in going through the
budget- setting process for payable 1990 and in fulfilling their responsibilities in
connection with truth in taxation as required by the 1988 tax law. Beyond that, you will
notice in the instructions that I have used the authority granted by law to the
Commissioner of Revenue to extend deadline dates by which local governments are
required to certify proposed and actual property tax levies to the county auditor.
While you are required to go through your budget - setting process on the basis of aid
amounts and levy limits specified by the 1988 tax law, I think it's highly likely that there
1pwill be a special session of the legislature and that it will pass legislation which will
include the same levy limits which were in the vetoed 1989 tax bill.
AN EQUAL OPPORTUNITY EMPLOYER ?
- G.
Mayors, City Managers and City Clerks
June 23, 1989
Page 2
As a result, I encourage you to develop budgets for payable 1990 based on two
contingencies -- one in which the levy limits in the 1988 tax law apply, and one in which
the levy limits in the vetoed 1989 tax bill apply.
To provide you with the information to plan for both contingencies, on August 15 the
Department will certify each city's property tax levy for payable 1990 based on the 1988
tax law. And, in addition, on September 1 the Department will notify each ,city of its
property tax levy for payable 1990 based on levy limits in the vetoed 1989 tax bill -- the
same levy limits which I expect to be enacted into law by a special session of the
legislature in September.
If — as I expect -- the special session enacts the levy limits which were in the vetoed 1989
tax bill, I would also expect the legislature to further extend the deadlines by which local
governments are required to certify their proposed and actual property tax levies. This
will make it easier for local governments to respond to the new legislation, and will
permit them to prepare and mail property tax bills in sufficient time for taxpayers to be
prepared to pay their first -half property tax bills on May 15, 1990.
Please observe the enclosed instructions. In particular, you will want to be sure to
observe the truth in taxation instructions fully in order to avoid being required to limit
your property tax levy for payable 1990 to no more than the amount you levied for
payable 1989.
If you have any questions about what you are required to do, please don't hesitate to call
the Department's Local Government Services Divisions at 612- 296 -5138.
Sincerely,
John James
Commissioner
• Minnesota Department of Revenue
Summary of Property Tax Developments
and
Instructions to Cities
June 23, 1989
!Numbered for reference/
The veto of the 1989 tax bill means that all provisions of the tax law passed by the
1988 state legislature concerning state aid amounts for all cities, levy limits for cities
with populations over 2,500, levy limits for cities with populations under 2,500
which are receiving aid from taconite production tax revenues and truth in taxation
requirements for cities with populations over 2,500 remain in effect.
State aid amounts for all cities
2 On August 15 the Department of Revenue will certify state aid amounts to cities for
payable 1990 which were set for payable 1990 by the 1988 tax law.
• 3 If the special session changes state aid amounts for payable 1990, the Department
of Revenue will certify the new aid amounts for cities as soon as possible after the
special session.
Levy limits for cities with populations over 2,500
4 The 1988 tax law specifies levy limits for cities for payable 1990. These are the
limits which are now in effect. On August 15, the Department of Revenue will
certify the dollar amount of property tax which these levy limits permit each city to
levy for property taxes payable in 1990.
However, because there is a good chance that the legislature -- in a special session
- will adopt the lower levy limits which were specified in the vetoed tax bill, by
September 1, the Department will also notify each city of the dollar amount of
property tax which the lower levy limits specified in the vetoed bill would permit
each city to levy for property taxes payable in 1990. This will allow each city to
develop an alternate budget for payable 1990 -- based on a levy limit which would
result in a reduced amount of property tax.
6 The ? 988 law now in effect permits each city to increase its levy limit base for
payable 1990 -- the amount of its levy limit for property taxes payable in 1989 plus
the amount of its local government aid for 1989 — by three percent over the
• previous year plus whichever is greater: the percentage of increase of the city's
population or the percentage of increase in the number of its households.
9 - ,f-,
Summary and Instructions to Cities
Page 2
0
The vetoed 1989 tax bill would permit each city to increase its levy limit base for
payable 1990 by three percent over the previous year plus whichever is greater:
one -half of the percent of increase in the city's population or one -half of the
percent of increase in the number of its households.
8 If the special session changes levy limits for payable 1990, the Department of
Revenue will certify the new levy limits for cities as soon as possible after the special
session.
If a city used reserve funds in 1989 to reduce the amount of property taxes it levied
for payable 1989, the city cannot apply to the Commissioner of Revenue to
increase its levy limit for payable 1990. However, if a city used reserve funds in
1988 to reduce the amount of property taxes it levied for payable 1988 and it did
not apply to the Commissioner in 1988 to increase its levy limit for payable 1989,
the city can now apply to the Commissioner to increase its levy limit for payable
1990.
10 The deadline for cities to certify their proposed property tax levies to the county
auditor is changed from August 1, 1989 to October 1, 1989. If a special session of
the legislature changes this deadline, the Department of Revenue will notify all
cities immediately. •
11 The deadline for cities to certify the final property tax levies to the county auditor is
changed from October 25, 1989 to November 9, 1989. If a special session of the
legislature changes this deadline, the Department of Revenue will notify all cities
immediately.
12 The amount of the final property tax levy which each city certifies to the county
auditor on November 9, 1989 cannot be greater than the amount of the proposed
property tax levy which the city certified to the county auditor on October 1, 1989.
Truth in Taxation requirements for cities with populations over 2,500
13 The 1988 tax law requires counties to prepare and mail Proposed Property Tax Bills
to property owners this year. However, because it is impossible for cities to certify
their proposed property tax levies to the county auditor until October 1, 1989,
counties cannot prepare and mail proposed property tax bills before the budget
hearings of cities. As a result, there will be no proposed property tax bills this year.
14 Although counties cannot prepare and mail proposed property tax bills this year, to
provide property owners with advance notice of proposed property taxes payable in
1990, each city with a population over 2,500 is required to take the following
actions according to the following standards before its 1989 public budget hearings: •
a at least five weekdays before each city's public budget hearing, each city must
publish an advertisement which includes:
i the hour, date and place of the hearing;
0
Summary and Instructions to Cities
Page 3
ii the total dollar amount of the proposed property taxes to be levied by the
city for payable 1990;
iii the percentage of increase or decrease this amount represents over the
amount collected for the previous year;
iv a statement inviting all citizens to attend and participate in the hearing;
b the advertisement must be published in the newspaper of general paid
circulation published at least five days a week which is received by the greatest
number of people in the city;
c if the newspaper of general paid circulation received by the greatest number of
people in the city is published less frequently than five days a week, the
advertisement must be published in the next most - frequently published
newspaper of general paid circulation;
d the advertisement cannot be published in a section of the newspaper where
legal notices and classified advertisements appear;
• e the advertisement must be no less than one - quarter page in size;
f the headline of the advertisement must be printed in no smaller than 18 -point
type;
g if the budget hearing is recessed, the city must place another advertisement in
the same newspaper announcing the time and place for the reconvened
meeting; and
h the announcement of the reconvened meeting must appear at least two days
but no more than five days before the reconvened meeting.
15 Cities may schedule their public budget hearings on any day except Sunday.
16 Cities must schedule their public budget hearings after 5:00 p.m. unless the hearing
is to be held on a Saturday;
17 When certifying its budget for payable 1990 to the county auditor, each city must
mail to the Commissioner of Revenue a copy of the newspaper advertisement
announcing its public budget hearing.
18 If the Commissioner of Revenue determines that any city has not substantially
complied with the above requirements for holding public budget hearings and
• publishing an advertisement of the meeting, the Commissioner will notify the
county auditor of the county in which the city is located. The county auditor will
then require the city to use a tax rate for payable 1990 which will result in the city
collecting the same amount of property taxes it collected for payable 1989.
1989 Property Tax Certification 0
Timetable for Cities
July 15 Cities with populations over 2,500 and towns receiving
revenues from taconite production taxes certify to the
Department of Revenue their payable 1989 levies for
the operating costs of regional library services not
previously claimed as a special levy for property taxes
payable in 1989
August 15 Department of Revenue certifies local government
aid amounts to cities and towns which were set for
payable 1990 by the 1988 tax law
August 15 Department of Revenue will certify the payable 1990
levy limits under the 1988 tax bill to cities with
populations over 2,500 and towns receiving revenues
from taconite production taxes
September 1 Department of Revenue will certify local government
aid and levy limits under the vetoed tax bill to cities
with populations over 2,500 and towns receiving
revenues from taconite production taxes
October 1 Cities certify proposed property tax levies to county
auditors
November 9 Cities certify final property tax levies to county auditors
1]
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(612) 587 -5151
1vv7-cH' CITY OF HUTCHINSON
• 3? WASHING TON AVENUE WEST
NUTCHINSON, MINN, 55350
MEMO
JULY 6, 1989
TO: MAYOR & CITY COUNCIL
-----------------------------------
FROM: KEN MERRILL, FINANCE DIRECTOR
SUBJECT: AIRPORT MAINTENANCE RESOLUTION
• -----------------------------------------------------------------
The attached resolution and agreement is required to be approved
by the City of Hutchinson and State of Minnesota. The agreement
reimburses the City of Hutchinson $6,500 for airport maintenance.
The agreement is similar to previous agreements which have been in
effect for our airport.
It would be requested to approve the resolution and agreement
•
lA�NNE�Tq
�O Zp
9 Q
F
NT OF TRe
June 22, 1989
The Honorable Paul L. Ackland
Mayor of Hutchinson
626 Bluff
Hutchinson, MN 55350
Dear Mayor Ackland:
Minnesota Department of Transportation
Transportation Building, St. Paul, MN 55155
Subject: State Aid for Airport Maintenance and Operation
Enclosed are three copies of a proposed form of resolution and the agreement for requesting
state aid for maintaining your airport during all seasons of the year up to June 30, 1991.
For maintenance and operation during the year, the state will participate on a percentage basis,
not to exceed the amount of state aid as set forth in the agreement for the cost of snowplowing,
mowing, fertilizing, re- seeding, rehabilitating runway lights, landing strip markers, and
drainage systems, and general maintenance of the runways, taxiways, and apron areas. •
Reimbursement will be based on actual time and cost records kept by the municipality. Prior to
any reimbursement being made by the state, the municipality must have a zoning authority
established, and such authority must have adopted or be in the process of adopting an
airport zoning ordinance in accordance with Minnesota Statutes 360.061 to 360.074. Reimbursement
may be denied entirely or in -part if the airport is not properly maintained.
If you desire state assistance and agree to comply with the requirements of the agreement,
please complete and submit three copies of the agreement and three copies of the resolution
to this office for the encumbrance of state funds. An approved copy will be returned for
your records.
It is particularly important during the winter and spring seasons, or when hazardous conditions
may exist, to keep the air - traveling public informed of the status or condition of your airport.
This is accomplished by notifying the nearest Federal Aviation Administration
Flight Service Station and this department.
Sincerely, n
Raymond J Roug t
Director, Office of Aeronautics
Minnesota Department of Transportation
Program Management Division
Enclosure
An Equal Opporlww, Emphn'er t'��-
0
RESOLUTION FOR STATE AID
FOR MAINTENANCE AND OPERATION
Be it resolved that the Mayor (and Clerk) is (are) authorized to sign
an Agreement with the State of Minnesota for State aid for
maintenance and operation of the Hutchinson Municipal Airport
during all seasons of the year up to June 30, 1991. The State will pay
up to 66 2/3 percent of the cost, not to exceed the amount specified in
the Agreement.
•
(SEAL)
L J
Passed this 11th
Attest:
Clerk
day of
Municipality Hutchinson, MN
ME Q
9 -y
Agreement No.
• AGREEMENT FOR STATE AID FOR AIRPORT MAINTENANCE AND OPERATION
AT THE HUTCHINSON MUNICIPAL AIRPORT
The State of Minnesota and City of Hutchinson agree as follows:
(Name of Municipality)
1. The Municipality will keep at least one paved runway, associated
taxiway, and apron area cleared of snow and ice for safe use of
aircraft using wheels. The paved runway shall be kept clear for its
full length and width, and snowbanks kept down so that aircraft wings
will clear them, and runway and threshold lights will remain visible.
2. The Municipality will maintain the runways in good order by performing
maintenance work, including, but not limited to, the following:
a. Crack filling and patching of surfaced runways, taxiways,
and aprons.
b. Mowing grass on landing strips and around lights. The grass
must be mowed at least 7 feet beyond the lights, and at no
time may the grass exceed 6 inches in height on landing areas.
c. Maintain beacon and runway lights or markers, and rehabilitate
them when necessary.
d. Fertilizing and seeding as necessary to prevent erosion.
e. Maintain clearance in approach zones in conformance with
Chapter 8800.1200 of the Department of Transportation,
• Program Management Division, Office of Aeronautics,
"Minnesota Rules."
f. Replacing windsock when necessary.
g. Maintain the drainage and fencing systems.
3. The Municipality shall provide at least two yard -type lights in the
building /aircraft tie down area and shall keep the area lighted from
dusk to dawn. The Municipality shall also keep the airport property
clear and free of debris. At airports where aviation fuel is
dispensed, at least one 20- pound, dry- powder fire extinguisher shall
be available in the vicinity of the fuel pump.
4. The airport must pass periodic inspections performed by a
representative of the Office of Aeronautics for compliance with the
rules of the Department of Transportation and for compliance with
this Agreement. If the airport is not so maintained, then no
reimbursement shall be made hereunder.
5. The State will reimburse the Municipality for 2/3 of the direct,
actual maintenance and operation costs not reimbursed by any other
source, not to exceed $6,500 of State aid for each fiscal year.
•
9 -�
6. The Municipality shall submit a breakdown of its costs incurred
hereunder to the Director, Office of Aeronautics, on forms supplied •
by him. In any and all events, costs must be submitted to the
Director, Office of Aeronautics, on or before August 1 for each
fiscal year ending June 30. No requests received after August 1
for the preceding fiscal year will be honored by the
Director, Office of Aeronautics. The Director, Office of Aeronautics,
reserves the right to reject items that may not be eligible for
reimbursement, and reimbursement may be denied entirely if the airport
is not properly maintained in accordance with this Agreement.
7. The Municipality has established a zoning authority for the airport,
and such authority is in the process of and will complete, with due
diligence, an airport zoning ordinance in accordance with
Minnesota Statutes 360.061 to 360.074.
8. This Agreement is in effect for the
fiscal years 1989 -1990 and 1990 -1991.
time upon 30 days' written notice by
APPROVED:
1. MUNICIPALITY City of Hutchinson 2.
By:
Title:
By
Title: City Administrator
Date: July 11 1.289
3. DEPARTMENT OF TRANSPORTATION
OFFICE OF AERONAUTICS
By:
Director
Date:
It may be terminated at any
either party.
APPROVED AS TO FORM AND EXECUTION
SpeciaT Assistant Attorney General
•
4. DEPARTMENT OF ADMINISTRATION
By:
Authorized Signature
Date:
5. DEPARTMENT OF FINANCE
By:
Date:
Authorized Signature
1]
1J
n'rnrslornd.. I,.hs�
Yes. I IA % I 1'hLrPR' —nu> rr'a ..x
anL I..:n. t,ACm 11n PURCHASE AGREEMENT K -N Y.e. It Olt
Mbnl..nlaln
........ Hutchinson...... _Minn.. .. 19...
RECEIVED OF City. of .Hutchinson.,...a. Minnesota.. political corporation
the sum of One Dollar ,_. .., _ ($ __.1.00 J DOLLARS
.. ... .........................as tautest money and in part payment for the purchase of property at
Icheek CVh. b be day-ted mans "nee, w Nob— S,nlewhIduI
School Road Hutchinson, Minnesota situated in tl„
__.. _ ...... ........... ............................... .._
County of .....McLeod .., Stan, of Montanus, and legally described as follows, m -wic
........................... ...............................
See Attached Exhibit 'An
all of which property the undersigned has this day sold to the buyer for the sum of:
Fifty -five Thousand and no /100 ----------- - - - - -- 55 000.
which the buyer agrees to pay in the fo0awing manner•.
Eanus( money heroin paid $ 1.00 and $ 10 t 999 , 0(bash,on June 1, 1989 ,the also• of dosing.
$44,000 with interest thereon at eight percent (88) per annum, by a
contract for deed payable in monthly installments amortized on a 25 year
schedule commencing on the 1st day of July, 1989 and on the first day of
each and every month thereafter. Payment shall be credited first to
interest and remainder to principal. On the 1st day of June, 1993, the
entire unpaid balance of this contract for deed, along with all accrued
interest, if any, shall be due and payable.
'Taxes payable in 1989 shall be apportioned on the basis of the date
of closing.
?_1
Buyer agrees to assume,all assessments, including certified payable
`��
in the year 1989.
•
Suhian, m prlummnce by the buyer du stile, ape s to rxrrulr, and deltic a Warranty Deed
(ro he joined in brilliant. if anYl conveying markeahle title Is, said premises mbiect Im1Y to the felluwing
mcfarins:
u) auilJina and aonin, l aws, nadigarmx. Stan, and Federal legohnium.
Ibl Restrictions relating ro use or hollowness of premises wilhoul egeriw bulletin, provisions.
Ica Reurvuion n(suy minerals tar mircral righrs m dw Slam of Mirml -w.
(d) Uuhry and drain g uumenn which J nIx inmr(ere wish preum impnwemenn.
lu Rights of mints u follows: (uNes specified, not s.b,,, w win)
The buyer shall pay the real er rc taxes due' she Year 19 arty ismullu
unpaid
1�9 fibijapecial aresanencs ,,le there.. uh
and Ihen,afmc &fill warrany that .1 glass, lave do, m the year 19 will be homestead dasuhnti,m
I full, partial or nunlhrxnntead —hate which r
Neider the Ile, con she inlet, aarnt make any reprrwnmdon or warranty whancever concerning the amount of real estate taxes
-huh that he trussed sgairel the property mbm9uem .,he Jate of purchase.
Filer rov,nanus Iha, buildings, if any, arc enlirel, wiahln the laumlary line of the pnrperry and agrees to remove all prsuwl Prnptty
aroulI
rat Indudnd hcmn and all debris fmm she puns se, prior m pm ssag Jam. SELLER WARRANTS ALL APPLIANCES, NG. AIR
CONUII IONING, W [RING AND PLUMBING USED AND LIR:AI'I D ON SAID PREMISES ARE IN PROPER WORKING ORDER
Al DA'Z'E OE CLOSING.
The seller further agtm slid efile, rousah -n cox late, man ..June 1, 1989 provided Ihal all anndai„m of this
ugreemenr have ben complied wish. Unless other. ise aphid On sale shill be dosed on or before 60 day, free the date hereuL
In the gem This Prepay is destrosxd tar ummamklly damaged by lire co any osier cause before the riming dale, this agrernmnf shell
beam, all and void al the pumhaer's optmn, and all monies paid ].,,.ad., shall be refolded In him.
The buyer and seller also mutually agree that pro cars adiustraNtg( rer, iMIf,rftp m vd city wearer, ail, in aloe rase of
uwome Prmerty, current opening expenses, ,hall h male a, of _ _ Yn
The caller shall, within a rem -gable crime after pproxal if this agreement, furnish an ,dame, of III,. or a Ra;eisteed I'n�ITrry
Abstmsr - rtifiei to date to Include pouter Igarcbe cuverily. bankruplrin. and Sam tad Federal iudgnm,ns and liens. rte hnyrr stuff M
all -�ed Id days after neural thereof for vaammation of mId title an.l dre making of
any obinvbns Ihemlo, mid 4hjraisms et Iw mall, in
writing or domed ro be wai,ed. If any objections arc m male dw seller shall be alln -'ed 120 d:sys ut ntake sorb tidy funkcmbl,. Pending
corrgaton of tide I. payments hereurxlsr required shall he two. nest, bur upset correttism M aide and -ichin 10 days aln,, seeing, gol,,
v+ she barer. the parties shall Reform This sgn,emen, according to in terms.
If said .file is mu mrkemble and is on mall, on wthin Hollins from the dam M wriewn ohimiums damru as aM,m puciuded, his
agreercnt shall be null and void, a, option M flue bayeq and neither prinuipl mall be liable for damage, hereunder m the ollmr principal.
A11 money dlerautue paid by dre burg, stall be refundel. If de tide m said grape. be fixed markerA le or be sat made widdn said new,
and cull b rer shall default in spy of the ...eemenll and continue in defld, for a period tab III dms, den in
and I11,11 case dse selfer may
stunning Otis contract and tan such termination all the paymenn made upon this sunnact sh.ill he mailed by "id islet and said ,fens, as
tlrcir rcspdarve imrrens Ii,P�i.la,al Jamagas, Iwing
marry aylrur, as rim, of the r.,e hand. Thi, lon,minn shell our dtprive timer I , of
the r' •b, nl n forcing the ,,it fellormanre of ,his n.mu.a Snouted such ..malt shall out le monisawd., aforesaid, and provided arum.
n, oform such sr+ecilrc performance shall be c nroxemed within six gumtha offer such right of action shall aria.
II is l Jc,stmd and agread that This auk is made rehire m the approval by,he uwnel Id mill premiers in strum, and dam be under
signed agen, is in nu manner liable or resgmsibfe on account of this summem. exmpr m Burn or accuser fm
III, earnest county paid under
m.. u., ram r.
The delivery of all peen sad monies shall be mark at the .ace of: _...._._...._........ . I ....... _. ....... ..._. ..... _.
............ .. ... .... .... ....
.. ... __._...__. .... ........I............ ...... ............... ........___.._
I. the undersigned, car ne. of the show land, do hereby approve BY ... ......._ . _. _... Agent
the above agramem and the ark theuby made, I hereby ague to prchaw the said pre m for the price and
�rc me, above mentxmed, and au m all cmdnmru
� l.rls'f51 OF HUTCHINSON
�[..i�. �1....�
•.
lC dL lhL rJ /(SEAL) ..r ..
S f By........... EAt
(SEAL)
Paul Ackland p>rFayo��� ...... .,
'Seller (. .... ............. ............................... ............................_ _(SEAL)
Bu s
?_1
EXHIBIT IIA°
Tracts D, E, and F of Registered Land Survey No. 22 of Section
Thirty -six (36) , Township One Seventeen North (117 N) , Range Thirty
West (30 W)
Lot 2, Block 2, Lot 1, Block 3 and Lots 6, 7, 8, 9, 10, 11, 12, 13
and 14 of Block 71 Helland's � Addition to the City of
Hutchinson and the adjacent streets thereto.
C1
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•
I*
/ (612)587-5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
July 5, 1989
M E M O R A N D U M
TO: MAYOR AND CITY COUNCIL
FROM: PERSONNEL COORDINATOR_
RE: WORKSITE AGREEMENT
Attached is a Worksite Agreement with Heartland
Community Action Agency for the employment of
disadvantaged /handicapped youth through their
funding.
• Similar services were-provided-to-us in prior years
through the R.P. V.S. agency.
Approval is recommended.
0
v'
•
•
community octi(
Mid -Town Plaza
310 South First Street
Box 1359
Willmar, Minnesota 56201
(612) 235 -0650
1 -600 -992 -1710 (Toll Free)
Fax No. 1- 612 - 235 -7703
agency,
CAA TRA114ING OFFICE
• • tl' ay IS •' •' I IW • •' L1• y' y M
This is an agroFm -mt made by and between the worksite and CAA Job Training
Office for the JT ?A Simmer Youth Program.
WHEREAS tree worksite and CAA Job Training desire to enter into an agreement
f. --r t!-e s_ __ e of the Ycut': Employ m-n- Progra,,. C AA Job Tra.ir,ing does
hercbv aG_-e: `n - the youth for work perfo- _ cn the worksite, carry
Workel's Caipennation and Liability insurance on the youth so Fxployed and
mo. ^.i_or the worksite. Tre worksite does hereby agree to provide proper
s +spervision and training of the youth assigned to the worksite, help in
settiny up a suitable work schedule, comply with Federal and State Labor Laws
with special attention given to the Child Labor Laws. The worksite further
agrees to reasonable monitoring by CAA Job Training youth s':-ff and State
and Federal Officials. Failure to comply with the rules and regulations
stated herein will result in the termination of the worksite from the program.
The Youth Employment Program is a work training program for young people.
As part of the Job Training Partnership Act, it seeks to give yowig pa+ople,
from lea- income families, work exposure to develop skills and attitudes
which can lead to a more satisfying future. It is believed that basic
vocational skills and work discipline are necessary or regarding employment
and these can be gained best through experience. The work done by enrollees
must provide or increase public services that woul3 not otherwise be provided
in the community. This guarantees that wage earners will not be displaced
by the participant.
All participants must be certified and appmven by the CAA Job Training
Office b=- -fore they begin work. The following .lust be colz)leted before an
enrollee is employed: a current JTPA Youth Application with parents or
guardian's income verified and signatures secured; W -4 with a Social
Security Number.
PROGRAM REGJLATIONS
1. Participants must be age 14 - 21 (inclusive).
2. Participants must be economically disadvantaged or At Risk Youth.
3. Participants will receive at least Federal Minimum Wage ($3.85/hr.).
4. Social Security payments will be withheld from enrollees' wages.
5. A" -art;cipants will be screened and interviewed.
6. Ali terminations must be reported to CAA Job Training on the day
they occur with the reasons for termination. Replacement should
not be made without final approval from CAA Job Training Office.
7. All worksites must be public or private non -profit organizations
private non- profit as well as public.
8. Participants in the program will not be employed on construction,
operation or maintenance of that part of any facility which is used
for religious instruction or worship.
Heartland Community Action Agency is an Equal Opportunity Employer
9_s
WC)FWITE SUPEVnSORS:
1. Each worksite will provide supervision for each participant.
2. All job assignments must comply with State and Federal Child. Labor
and Safety Regulations.
3. Safety equipment when needed will be provided by the worksite. s
4. Prior to their employment, participants will be orientated as to
their duties, work and w :t.;.t is expertG of then
regarding punctuality, dress requirernnts, and anv work- related item.
5. worker's Unpensation and liability insurance will be provided by
the CAA Job Training Office for work experience participants. on-
the-Job Training participants will be covered by their employer's
policy.
6. All injuries must be reported immediately.
7. When a youth is placed at.a worksite where there is a union in force,
that is directly related to the type of work the enrollee would be
engaged in, CAA Job Training must have a union sign off approval.
8. Should the regular supervisor of participants be absent from the job
for any reason (vacation, sickness, termination) the worksite has the
responsibility to notify the CAA Job Training Office of his/her re-
placement. If possible, we would like a one week notice to insure
adequate training.
9. The worksite assures safe and healthy environment for participants.
PROGRAM SPECIFICS
1. Enrollees may work up to 40 hours per calendar week.
2. Holidays and lunch hours will not be paid unless they are worked.
3. Participants will not be paid for unexcused absences, unworked hours,
or recreational activities.
4. By- weekly timesheets will be completed correctly and signed by both
the enrollee and supervisor in ink.
5. Incomplete timesheets (missing signaturesv hours, etc.) will be
returned to the worksites and checks will be withheld until the
completed timesheets are returned to the CAA Job Training Office.
6. To insure prompt payment, all enrollee's timesheets must be
received no later than Monday noon following the end of the payroll
period.
7. Sexual harassment is prohibited by law and the law applies to
participants in this program. Reported harassment is grounds for
closing of a worksite.
8. Participants may not use private vehicles while working without
special permission form CAA Job Training Office.
WE, THE MWITE OF have
received and read the CAA ~ Job Training Worksite Agreement foam. We
understand the goals, description, and guidelines for the Youth
Employment Program. We agree to participate and to cooperate with the
CAA Job Training Office as a worksite by providing proper supervision
of enrollees, sufficient work, and by adhering to the Federal Regu-
lations as stated in the Agreement.
Worksite Representative Signature CAA Job Training Representative
(signed by Mark Schnobrich 6 -897)
June 19, 1989 - Scott Hanson, enrollee
- 2 -
(612) 587 -5151
f/U7CH' CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN, 55350
M E M O R A N D U M
DATE: Julv 6, 1989
TO: _Mayor &_Council_ _ _
FROM: —Gary D.— Plotz, City Administrator — —.r
— — — — — —
SUBJECT: —Maxi -Audit On City Hall And Old Fire Station
----------- ------------ -- - - --
As you may recall, it may be possible to get partial state funding of
the evaluation on City Hall (study $8,500) and the old fire station.
. We can apply for $1,600 in funding on City Hall and $800 on the old fire
station.
This evaluation serves a dual purpose in the event the City applies for
Exxon overcharge monies (no "guarantees" on funding improvements) as this
up -to -date maxi -audit is required.
Therefore, I recommend authorization to apply for these funds subsequent
to executing the agreement with SEH to perform the services.
/ms
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�1_el
COST -SHARE MAXI -AUDIT GRANT REQUEST
Please send me a State Cost -Share Maxi -Audit grant agreement to conduct
a maxi -audit on each building listed below.
I understand that to be reimbursed for the State's share of the audit
costs, the following conditions apply:
1. The maxi -audit cannot be contracted for or begun prior to complete
execution of the grant agreement.
2. The audit must be done by a state authorized maxi - auditor.
3. The audit must be reviewed and approved by the Department of Public
Service.
4. Invoices for the audit work by building must be submitted with the
audit report.
Typed Name
Title
Signature
Date
This form can be folded in thirds and mailed without an envelope to the
address printed on the other side.
November 1987
•
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•
Municipality Hutchinson Address: 37 Washington
Ave., W., Hutchinson,
MN 55350
Previous Audit Floor area
List Building Names _Building Address Yes or No in Square Feet
EXAMPLE:
City Hall
1984 Main Street
Yes
31,000
City Hall
37 Washington Ave. W.
Yes
10,180
Fire Station
44 Washington Ave. W.
2,904
Gary D. Plotz
City Administra tor
I
Typed Name
Title
Signature
Date
This form can be folded in thirds and mailed without an envelope to the
address printed on the other side.
November 1987
•
•
•
E.n.ergy D,vision • Department of Public Service • 9 American Canter Ew.cng • 150 E--st r: I cqg E0: c rc • S . _ . . ' „
Program Description
JANUARY 1989
The Energy Division of the Minnesota Department of Public Service is now
offering Cost -Share Maxi -Audit Grants to cities, counties, towns, schools
and hospitals to conduct energy audits on their buildings and energy using
systems. Once completed, these Maxi - Audits can be used to apply for loan
funding to implement energy conservation projects. Over the past several
years, a similar program has been very successful in reducing energy
consumption and cost for Minnesota's public schools.'
The Maxi -Audit The Maxi -Audit is a comprehensive engineering study of
a building and its energy using systems. It clearly
identifies available energy conservation opportunities
and analyzes the potential costs and benefits of these
measures. It is a valuable tool for making wise
energy conservation investment decisions.
The Maxi - Auditor Maxi - Audits conducted under this program must be
conducted by a professional engineer or architect
authorized by the Minnesota Department of Public
Service to conduct these audits. A list of authorized
auditors may be obtained by contacting our office. If
you work with an engineer or architect who is not
currently authorized, have them contact our office for
authorization details.
Cost -Share Grants Cost -Share Grants are available to municipalities and
schools and hospitals to help pay the cost of
conducting these energy audits. Grants are awarded on
a first -come, first - served basis and are available
whether or not a building has been audited
previously. There is a restriction on previously
audited buildings. A building for which a
municipality or a school or hospital has received
cost -share maxi -audit funds is not eligible for
another cost -share maxi -audit grant until five years
after the date of the previous grant payment. Grant
funds are not issued until after the work is completed
and all the grant requirements have been met.
q -e-
Grant Application The grant application is a one page form that includes
the municipality or institution name, name and address
of the building(s) and the building size(s).
Application forms may be requested from our office by
phone or mail. Most applications are processed within
30 days of receipt.
Prior Approval Maxi -Audit services may not be contracted for or begun
until a Cost -Share Grant application has been approved
and the contract has been fully executed.
Funding Limits Cost -Share grant limits vary according to the size of
the building to be audited. The State will provide 800
of the actual audit costs up to that limit. The
following table shows formulas and funding limits for
various size buildings.
Grant Reimbursement To be rcirwuLsed for the Cost -Share Maxi -Audit grant,
the grantee must submit a copy of the completed
Maxi -Audit Report and contractor invoices to our
office for review. When staff review has determined
that all requirements have been fulfilled, the grant
funds will be issued.
FOR MORE INFORMATION OR TO REQUEST AN APPLICATION, CALL (612) 297 -2103 OR
WRITE:
COST -SHARE MAXI -AUDIT GRANTS
MINNESOTA DEPARTMENT OF PUBLIC SERVICE
900 AMERICAN CENTER •
150 EAST KELLOGG BOULEVARD
ST. PAUL, MINNESOTA 55101
�14/
FUNDING
LIMITS FOR
COST -SHARE
MAXI -AUDIT
GRANTS
A
Building rea
C
Formula
Funding Limits
in square feet 1
11
0
- 5,000
$ 800
$ 800
5,001
- 25,000
$1,600
1,600
25,001
- 50,000
(Area) *($.064
/sq
ft)
3,200
50,001 -
100,000
(Area) *($.0384
/sq
ft)
+ $1,280
5,120
100,001
— 150,000
(Area) *($.0256
/sq
ft)
+ $2,560
6,400
150,001
- 200,000
(Area) *($.0192
/sq
ft)
+ $3,520
7,360
200,001 -
250,000
(Area) *($.0128
/sq.ft)
+ $4,800
8,000
250,001 -
and up
$8,000
8,000
Grant Reimbursement To be rcirwuLsed for the Cost -Share Maxi -Audit grant,
the grantee must submit a copy of the completed
Maxi -Audit Report and contractor invoices to our
office for review. When staff review has determined
that all requirements have been fulfilled, the grant
funds will be issued.
FOR MORE INFORMATION OR TO REQUEST AN APPLICATION, CALL (612) 297 -2103 OR
WRITE:
COST -SHARE MAXI -AUDIT GRANTS
MINNESOTA DEPARTMENT OF PUBLIC SERVICE
900 AMERICAN CENTER •
150 EAST KELLOGG BOULEVARD
ST. PAUL, MINNESOTA 55101
�14/
•
DAVID B. ARNOLD
CHARLES R. CARMICHAEL
GARY D. MIDOW£LL
STEVEN A. ANDERSON
G. BARRY ANDERSON
STEVEN S. HOGE
LAURA K. PRETLAND
DAVID A- BRUEGGEMANN
JOSEPH M. PAIEMENT
JAMES UTLEY
JULIA A. CHRISTIANS
RICHARD G. MCGEE
June 28, 1989
ARNOLD & MGDOWELL
ATTORNEYS AT LAW
5881 CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 55416 -1492
(612) 545 -9000
M\ TOLL FREE 800- 343 -4545
CABLE MCLAW MINNEAPOLIS
Mr. Jim Marka
Building Official
37 Washington Avenue West
Hutchinson, MN 55350
TELECOPIER (012)545 -1793
Mr. Gary D. Plotz
Hutchinson City Administrator
37 Washington Avenue West
Hutchinson, MN 55350
RE: Hudson /Hutchinson Agreement
Our File No.: 3188 -87 -0001
Dear Jim and Gary:
OF COV95EL
WILLIAM w. CAMERON
PAUL D. DOVE
501 SOUTH FOURTH STREET
PRINCETON. MINNESOTA 55371
(612) 389 -2214
TELECOPIER (612) 389 -5508
ICI PARE PLACE
HUTCHINSON, MINNESOTA 55350
(612)587 -7575
TELECOPIER (612) 587-4096
,. , I`i13t�„Ci 01
RECaVF
I enclose herewith a rough draft of the proposed Agreement between
Hudson and the City of Hutchinson. It is my understanding that the
City has routinely recorded conditional use permits and I am
assuming that is or will be done in this case as well so I did not
incorporate it into this Agreement the language dealing with the
conditional use permit.
Also, I intentionally left the Agreement vague on what triggers the
right of the City to revoke the conditional use permit. I would
rather give the City the right to revoke it at anytime for any
reason as opposed to getting into a debate as to whether the Water
Street improvement project specified as the "triggering" event.
If the agreement is satisfactory in form and content, please place
the matter on the agenda for approval on July 11 and send a copy
of the proposed Agreement Mr. Hudson for his review.
I don't believe he is the owner of the property, or at least he
wasn't he the last time I had any contact with regard to this
• particular property. Nonetheless, I believe the instrument is in
recordable form and as the operator, the recorder's office should
take this Agreement and record it.
Jim Marka /Gary Plotz •
June 28, 1989
Page 2
Please contact me with any questions.
Very truly yours,
ARNOLD cDp WELL
G. Barry nderson
GBA /lls
•
•
• AGREEMENT
This Agreement is made and entered into on the day of
July, 1989 by and between the City of Hutchinson, a municipal
corporation ( "City ") and Dan Hudson the owner and operator of a
business enterprise known as "Subway ".
RECITALS
1. Hudson, as the owner and operator of a restaurant and
food service operation known as "Subway" desires to add to his
facility by opening a drive - through window;
2. The proposed drive - through window will use and infringe
Upon City of right -of -way;
3. The City has no immediate use for the right -of -way but
wishes to preserve its options to use the right -of -way in the
• future;
4. As required by the City Zoning Ordinance, Hudson has made
application for a conditional use permit under Section 6.07 of
Hutchinson City Ordinance No. 464 to allow for the construction of
a drive - through pick -up window;
NOW THEREFORE, IT IS AGREED by and between the parties as
follows:
1. Subject to the terms of the conditional use permit and
further subject to the terms of this Agreement, the City agrees to
issue a conditional use permit for the construction of a drive -
through window which permit shall cover and be limited to the
following described property:
Lots 1, and 2, Block 24, North half of Hutchinson,
according to the recorded plat thereof.
9�
'N
Except that part of said Lot 2 described as follows: •
Beginning at the southwest corner of said Lot 2; thence
east along the south line of said Lot 2 a distance of
12.50 feet; thence northerly to a point on the north line
of said Lot 2 a distance of 5.50 feet easterly of the
northwest corner of said Lot 2; thence westerly, along
said north line, to said northwest corner; thence
southerly, along the west line of said Lot 2, to the
point of beginning.
2. The parties agree that the City may revoke the
conditional use permit at any time for any reason, provided,
however, that the City shall give 60 days written notice addressed
to 204 Highway 7 West, Hutchinson, MN 55350 of the City's demand
to revoke the conditional use permit.
3. Hudson agrees to close the drive - through window no later
than 60 days following notice of intent by the City to revoke the
conditional use permit as specified in this Agreement.
4.
Hudson
agrees that neither he
nor
his
successors or
•
assigns
acquire
any rights against the
City
by
way of adverse
Possession, prescriptive easement or by any other theory of law.
S. This Agreement is not intended to and does not in any
limit the rights of the City to enforce any of the City's rules,
regulations, or ordinances.
6. This Agreement binds all successors and assigns and runs
with the land.
Dated:
Dan Hudson
state of Minnesota )
) ss.
County of Hennepin )
The foregoing instrument was acknowledged before me this
day of , 1989 by Dan Hudson, a single person.
Notary Public 40
0 Dated:
Paul Ackland
Mayor of Hutchinson
By:
Its:
State of Minnesota )
) ss.
County of Hennepin )
The foregoing instrument was acknowledged before me this
day of , 1989 by Paul Ackland, Mayor of Hutchinson.
Notary Public
Attest:
•
State of Minnesota )
) ss.
County of Hennepin )
Gary D. Plotz
Hutchinson City Administrator
By:
Its:
The foregoing instrument was acknowledged before me this
day of , 1989 by Gary D. Plotz, Hutchinson City
Administrator.
This instrument was drafted by: G. Barry Anderson #196X
Arnold & McDowell
5881 Cedar Lake Road
Minneapolis, MN 55416
(612) 545 -9000
•
Regular Council Meeting
July 11,1989
•WATER $ SEWER FUND
Ashbrook- Simon - Hartley
supplies
$ 81.91
Blair Pump Co.
supplies
`92.30
Hotsy Corp.
supplies
39.00
Flexible Pipe Tool Co.
supplies
184.00
Northern
supplies
269.31
Sargent Welch Scientific
supplies
54.33
Witte Sod
supplies
50.25
City of Hutch, Self Ins. Fund
insurance -med. July
2,219.73
City of Hutch, Self Dental Fund
insurance -den. July
332.91
Mutual Benefit
insurance -LTD July
108.15
MN Mutual Life
insurance -Life March
21.34
MN Mutual Life
insurance -Life April
40.74
MN Mutual Life
insurance -Life May
40.74
MN Mutual Life
insurance -Life June
40.74
MN Mutual Life
insurance -Life July
40.74
Big Bear
supplies
17.99
Crow Chemical
supplies
14.00
Central Garage
supplies
304.19
Carquest Auto Parts
supplies
67.18
Coast to Coast
supplies
226.18
Commissioner of Revenue
supplies
667.70
County Market
supplies
33.09
DPC Industries
supplies
427.70
Erickson More 4
supplies
112.60
• Family Rexall Drug
supplies
1.00
Farm $ Home Distributing
supplies
122.53
Farmers Elevator Assn.
supplies
103.13
Floor Care Supply
supplies
79.22
Fitzloff Hardware
supplies
27.47
G&,K Services
uniform rental
265.30
Hutch Coop
gasoline
770.95
Hutch Iron $ Metal
supplies
18.00
Hutch Manufacturing 8 Sales
supplies
173.72
Hutch Utilities
elec 4 gas
12,822.00
Hutchinson Wholesale
supplies
26.34
Junker Sanitation
refuse charges
37,299.80
Juul Contracting Co.
So. Grade Road $ Dale
"8,632.20
L $ P Supply Co.
repair $ supplies
57.81
MN Valley Testing Lab
testing
275.05
Nalco Chemical Co.
supplies
576.45
MN Tech Enviro Corp
supplies
120.87
MN Tech Environmental Corp.
supplies
121.75
Nott Company
supplies
476.66
Plowmans Inc.
truck rental
500.00
Pikal Music Store
supplies
3.00
Schramm Implement
Machinery rental
70.00
Sorenson Farm Supply
supplies
11.00
PERA
Employer Contribution
6/30/89 346.44
Tri County Water Conditioning
supplies
8.20
US Post Office
meter postage
91.70
• Quades Electric
supplies$ repairs
2584.27
Simonson Lbr Co.
supplies
1.98
Am. National Bank
fees G expenses
262.75
TOTAL
$71,236.41
• CENTRAL GARAGE FUND
Boyum Equipment, Inc.
Glencoe Ford Motors
Sweeney Bros. Tractors
Brandon Tire
Carquest Auto Parts
Hutch Wholesale
Plowmans Inc.
Schmeling Oil Co.
Sorenson Farm Supply
PERA
Town F, Country Tire
US Postmaster
Wigen Chevrolet Co.
City of Hutch Self Ins
City of Hutch Dental Self Ins
Mutual Benefit
MN Mutual Life
MN Mutual Life
MN Mutual Life
MN Mutual Life
MN Mutual Life
• BURNS MANOR CONSTRUCTION FUND
Design Dimensions
Good Neighbor
BONDS OF 1978
First Trust
BONDS OF 1980
First Trust
BONDS OF 1983
Norwest Bank MN
BONDS OF 1987 DEBT SERVICE FUND
Am. Nat'l Bank
BONDS OF 1988
Duninck Bros. Inc.
Wm. Mueller 4 Sons
BONDS OF 1989
40 Juul Contracting
- 2 -
supplies
$ 67.50
supplies
34.70
supplies
407.32
repair
1,089.71
June invoices
998.42
June invoices
173.65
supplies, repairs, truck
13,533.69
supplies
48.00
supplies
21.00
Employer Contribution 6/30/89
50.91
repair
23.50
meter postage
7.75
repair
98.40
Medical - July
235.61
Dental - July
31.28
LTD -July
11.60
Life - March
2.53
Life - April
4.83
Life - May
4.83
Life - June
4.83
Life - July
4.83
TOTAL
$16,854.89
Design fee - partial $16,920.00
May Consulting Fee 40,000.00
TOTAL $56,920.00
Principle, interest, expense $ 8,907.07
Interest and expense $16,879.38
Interest and expense $20,525.00
fees 0 expenses $ 227.25
Est. #6 $11,185.30
Est. #8 3,491.73
$14,677.03
Est. #2 $50,672.85
GENERAL FUND
•
Karen McKay
paper holder
$ 2.50
Jennifer Crosby
umpire
16.00
Charlie Haukos
safety boots
30.00
Norman Wright
safety boots
30.00
Mrs. Charles Johnson
refund shelter
10.00
Robert Hornick
refund cond. use permit
45.00
Mary Haala
variance refund
45.00
Matt Myllykanges
umpire
36.00
Judy Borscheid
swimming lesson refund
16.00
Debbie Ulrich
swimming lesson refund
12.00
Joanne Bolland
refund swimming
10.00
Marlin Torgerson
League conference expenses
45.45
Christy Christensen
safety boots
29.99
Mark Daak
safety boots
29.84
Kim Mies
supplies
13.76
Vickie Braml
swimming refund
16.00
James Ford
safety boots
30.00
Trent Smutka
safety boots
30.00
Carlsons Lake State Equipment
tractor 8 repairs
1750.00
D $ K cleaners
cleaning blanket
18.45
Enforcement Products Inc.
squad partition
372.88
Echo Industrial Products
degreaser
99.95
Fitzharris Athletic
bases
74.00
Fire Protection Pub.
publication
224.00
Hutch Schwinn Cyclery
repairs
29.65
•
Intoximeters Inc.
supplies
100.00
Junction Amoco
car wash
2.12
Jims Garden Service
till girdens
54.00
Lasting Woodlands Inc.
donation
20.00
Lovegreen Industrial
repairs
529.05
Mini Biff
rental units
650.00
Mn. Conway Fire $ Safety
supplies
276.90
Pioneerland Lib. System
3rd quarter payment
14,035.25
R. L. Polk Co.
Polk directories
212.00
Schwans Sales Ent.
supplies
69.80
The Secretarian
office help
1122.00
Wesleys Pharmacy
film
14.38
TEK Mech. Services
repairs
93.48
Priebe Eng.
services per contract
4408.53
City of Hutchinson Dental Ins.
dental ins. July
1829.87
City of Hutchinson Self Ins.
medical ins. July
14,422.17
Mn. Mutual Life Ins.
S mos. life ins.
1479.68
Mutual Benefit
July LTD ins.
816.47
A 8 B Electric
repairs
83.13
Albrecht oil Co.
gasoline
290.35
Allen Office
supplies
72.11
Allied Mechanical Systems
parts
3.85
Am. Risk Services
prof. services
1028.16
Am. Welding Supplies
supplies
11.50
Anderson Interiors Inc.
1 gal. bin
25.29
Big Bear
supplies
50.20
Brinkman Studios
films & photos
23.54
Browns Greenhouse
plants
12.00
S!
Bennett Office Supplies
repairs & supplies
139.00
•
John Bernhagen
Cash Wise
july compensation
supplies
1800.00
160.13
Centrol Garage
May repair jobs
6709.47
Cash Drawer #4
gas
3.00
Chapin Pub. Co.
bid ads
269.80
Crow River Vet Clinic
june invoices
218.00
Coast to Coast
supplies
352.14
Coca Cola Bottling
supplies
923.50
CHamber of Commerce
office rental & secretarial
386.59
Co. Treasurer
DL fees
113.50
County Market
supplies
9.38
CUlligan Water Condition
salt $ monthly services
43.50
Crow River Press Inc.
printing chgs.
19.40
Ericksons More 4
supplies
50.61
Ericksons Oil Products
gasoline
35.25
Electro Watchman Inc.
maintenance
180.00
Family Rexall Drug
supplies
222.35
Farm & Home Dist. Co.
supplies
145.65
Floor Care Supply
supplies
1030.23
Fitzloff Hardware
supplies
461.60
Gopher State One Call
calls
190.00
Hager Jewelry
UPS chgs. $ princess charm
37.48
G $ K Services
uniform rental
849.77
Hutch Coop
gasoline
3115.56
Henrys Candy Co.
supplies
2224.42
•
Hutch Com. Hospital
Hutch Iron $ Metal
laundry &equipment
supplies
524.52
17.84
Hutch Leader
publication costs
859.42
Hutch Plbg. $ Htg.
supplies
2.00
Hutch Utilities
electricity
10,928.03
Hutch Wholesale
supplies
176.98
Hutch Fire $ Safety
maintenance
40.55
Ink Spots
printing
158.26
Juul Contracting
drilled holes
60.00
Kokesh Athletic
supplies equipment
1874.50
L $ P Supply
repairs $ supplies
133.54
League of Mn. Cities
registration fees
170.00
Marco Business Products
repairs
77.72
McLeod Cooperative Power
electricity
216.69
STar Tribune
help ads
267.15
McGarvey Coffee
coffee
117.73
Northern States Supply
supplies
31.75
Olson Locksmith
repairs
42.00
Popps Electrical
parts
78.00
Quades Electric
repairs $ parts
372.35
Quades Sport Shop
supplies
20.00
St. Paul Book & Stationery
supplies
56.52
Schmeling Oil Co.
gasoline
112.20
SHopko
supplies
25.45
Simonson Lbr. Co.
supplies
54.42.
Sorenson Farm Supply
supplies
37.25
•
State Treasurer
qtry bldg. surcharges
2429.34
PERA
employer contribution
4020.44
Tri Co. Water
salt
12.30
The Saltman
salt
71.25
U.S. Postmaster
meter postage
695.SS
-5-
Uniforms Unlimited
•Viking Signs
Xerox
Wm. Mueller $ Sons
•
•
clothing - police
signs
contract payment
airport.
842.15
75.00
76.94
6911.34
$ 95,982.81
9
•
LIQUOR STORE
PERA
PERA
City of Hutchinson
Withholding Tax Acct.
John H. Crowther
Quality Wine $ Spirit Co.
Johnson Brothers Wholesale
Ed Phillips $ Sons
Johnson Brothers Wholesale
Griggs 8 Cooper & Co.
Ed Phillips g Sons
Griggs F, Cooper & Co.
Lenneman Beverage Dist.
Locher Bros., Inc.
Triple G. Distributing
Friendly Beverage Co.
Quality Wine $ Spirits
- 3 -
Employer Contribution 6/30/89
$ 175.64
Employer
Contribution
165.77
Payroll
4,379.99
Sec. Sec
/Medicare 6/30/89
313.97
Annual
Premium Liq. List
9,898.00
Wine $
Liquor
1,514.25
Wine F,
Liquor
4,830.91
Wine $
Liquor
3,800.53
Wine $
Liquor
3,868.24
Wine $
Liquor
2,885.42
Wine €,
Liquor
4,257.43
Wine $
Liquor
835.62
Beer
14,534.25
Beer
10,407.45
Beer
11,173.30
Beer
489.10
Beer
3,984.98
TOTAL
$77,514.85
DAVID IL ARNOLD
CHARLES R. CARMICHAEL
GARI D. MCDOWELL
STEVEN A. ANDERSON
O. DARRY ANDERSON
STEVEN S. HOGE
LAUHA K. FRETLAND
DAVID A. HRUEGGEMANN
JOSEPH M. PAIEMENT
JAMES UTLEY
JULIA A. CHRISTIANS
RICHARD G. M'GEE
July 7, 1989
ARNOLD & McDONvELL
ATTORNEYS AT LAW
5681 CEDAR LAKE ROAD
Ti1NN EAPOLIS, !111NNESOTA 55416-1492—
(612) 545 -9000
MN TOLL FREE e01)-3.13 -4545
CABLE MCLAW MINNEAPOLIS
TELECOPIER (n12)5J5 -1793
Mr. Gary D. Plotz
Hutchinson City Administrator
37 Washington Avenue West
Hutchinson, MN 55350
RE: Downtown Sprinkling System
Our File No.: 3188 -87 -0052
FOR YOUR INFORMATIO(
OF COISSEL
WILLIAM W. CAMERON
PAUL D. DOVE
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA :'391
(812) 369 -221;
TELECOPIER (812) 360 -5500
101 PARK PLACE
HUTCHINSON. MINNESOTA 55050
(012)567 -7595
TELECOPIER (01-1) 567 -4066
E °"j
a; p
2
U
L .1;5J c,
Ly
Dear Gary:
• Please provide a copy of this letter to the council on a for -your-
information basis. At the last meeting of the city council, I
advised members of the council that I was reexamining the question
of whether or not prior advice given to the City that the City was
required to enforce the sprinkling requirement was in fact
accurate.
Our review of existing ordinances and state statutes reveals that
the state building and state fire code, adopted by reference, do
require the sprinkling of basements in downtown Hutchinson. Both
codes require automatic sprinkler systems in all basements which
are:
1. In excess of 1500 square feet; and
2. Do not have at least 20 square feet of opening (such as
windows, doors, window wells, etc.) for each 50 lineal
feet of an exterior wall; or
3. Have any portion of a basement which is located more than
75 feet from such openings.
The codes go on to define the openings as follows: a) The openings
must be on at least one side of the building; b) The openings must
• be above grade, in other words, above ground; and c) the openings
must have a minimum dimension of 30 inches.
Mr. Gary D. Plotz
July 7, 1989
Page 2
U
Please note that m portion of the basement can be located more
than 75 feet from the requisite openings and further, the larger
the building, the larger the requirement for square footage of
opening.
There are exceptions to the requirements of the uniform building
code and uniform fire code, but they consist principally of
residential dwellings, lodging houses, private garages, car ports
and the like, none of which would appear to be of assistance to the
City in the current situation. See Uniform Building Code at
Section 3802 (b) and the Uniform Fire Code at Section 10.309 (b).
There is also an exception, for example, that does allow for the
non - installation of sprinkler systems where such sprinkler systems
would constitute a serious life or fire hazard, where the basement
or other area is made of fire - resistive construction or the special
nature of the contents of the basement would be damaged by the use
of sprinklers. See Uniform Fire Code at Section 10.311 (1 -5).
Finally, I would note the presence of variance machinery as more
fully set out in Minn. Stat. Section 299 F.011, subdivision 5. On
the statement of the statute it would not .appear that these
downtown buildings would qualify for a variance since the variance
seems to be geared to provision of affordable housing and all of to
the buildings, so far as I know, are essentially commercial in
character.
In summary, it appears that the sprinkling requirement does apply
to the "core" downtown buildings located in the City of Hutchinson
and ultimately, the City will have to seek compliance with the
statute from the affected property owners.
Thank you.
Very truly yours,
ARNOLD & McDOWELL
�f. �c> ✓rt;I �71C�vS�.
G. Barxy Anderson
GBA lls
0
0
r- IL
FOR YOUR INF_ORMARON
1958 EDITION 10.307. 10.309
Sprinkler System Supervision Alarms
Sec. 10.307. Automatic sprinkler systems shall be supervised by an approved
central, proprietary or remote station service or a local alarm which will give an
audible signal at a constantly attended location when the number of sprinklers is:
1. 20 or more in Group 1, Division I Occupancies.
2. 100 or more in other occupancies.
Permissible Sprinkler Omissions
Sec. 10.308. Subject to the approval of the building official and with the
concurrence of the chief of the fire department, sprinklers may be omitted in
rooms or areas as follows:
1. When sprinklers are considered undesirable because of the nature of the
contents or in rooms or areas which are of noncombustible construction with
wholly noncombustible contents and which are not exposed by other areas.
Sprinklers shall not be omitted from any room merely because it is damp or of fire-
resistive construction.
2. Sprinklers shall not be installed when the application of water or flame and
water to the contents may constitute a serious life or fire hazard, as in the
manufacture or storage of quantities of aluminum powder, calcium carbide.
calcium phosphide, metallic sodium and potassium, quicklime, magnesium pow-
der and sodium peroxide.
3. Safe deposit or other vaults of fire - resistive construction, when used for the
storage of records, files and other documents, when stored in metal cabinets.
4. Communication equipment areas under the exclusive control of a public
communication utility agency, provided:
A. The equipment areas are separated from the remainder of the building by
one -hour fire - rcsistive occupancy separation; and
B. Such areas are used exclusively for such equipment; and
C. An approved automatic smoke detection system is installed in such areas
and is supervised by an approved central, proprietary or remote station
service or a local alarm which will give an audible signal at a constantly
attended location; and
D. Other approved fire- protection equipment such as portable fire extinguish-
ers or Class D standpipes are installed in such areas.
5. Other approved automatic fire extinguishing systems may be installed to
protect special hazards or occupancies in lieu of automatic sprinklers.
Standpipes
Sec. 10.309. (a) General. Standpipes shall comply with the requirements of
this section and U.B.C. Standard No. 38 -2.
(b) Where Required. Standpipe systems shall be provided as set forth in Table
No. 10.311.
55
•
•
DAVID H. ARNOLD
CHARLES R. CARMICHAEL
GARY D. MIDOWELL
STEVEN A. ANDERSON
G. BARRY ANDERSON
STEVEN S. HOGE
LAURA K. FRETLAND
DAVID A. BRCEGGEMANN
JOSEPH M. PAIENENT
JAMES UTL£V
JULIA A. CHRISTIANS
RICHARD O. M,GEE
ARNOLD & MCDOWELL
ATTORNEYS AT LAM'
5881 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416 -149 2
(612) 545 -9000
MN TOLL FREE 800-343 -4545
CABLE -MCiLkW MINNEAPOLIS
TELECOPIER (JYy'{.545-0
�J
1 �J
July 6, 1989
Mr. Gary D. Plotz
Hutchinson City Administrator
37 Washington Avenue West
Hutchinson, MN 55350
RE: State of Minnesota Property Condemnation Matter
Our File No.: 3244 -88 -0026
Dear Gary:
FOR YOUR INFORMATION
oI cOL'NSEL
WILLIAM W. CAMERON
PAUL D. DOVE
501 SOUTH FOURTH STREET
PRINCETON. MINNESOTA 55371
(612)'388 -2214
TELECOPIER(6121389 -5506
101 PARK PLACE
HUTCHINSON. MINNESOTA 55350
4612) 587-7S71
TELECOPIER(612) 567 -4096
RECF(VM
zz
Please provide a copy of this correspondence to the Council as a "FOR
YOUR INFORMATION" only item. The above - referenced matter had its
origins in the Highway 22 South project in which the State of
Minnesota sought to acquire certain municipal property, both for
temporary easements and for a permanent taking, the latter of which
consisted of 3.0 acres.
You may recall that the State of Minnesota made an inadequate offer
early on which, on the basis of a "curb- side" appraisal by James
Robinson, I recommended rejection of and which was subsequently
rejected. My recollection is that the offer was in the $2,000 range.
Subsequently, the State has increased its offer, most recently
offering $11,200 for the parcel to be acquired, and $3,200 for a
temporary easement.
We did hire David Lorence to prepare an appraisal report on the value
of the properties involved and he concluded that, as to the permanent
taking, that parcel had a value of slightly in excess of $24,000, and
as to the temporary taking, his estimate was $1,300 in value,
approximately $2,000 less than the value arrived at by the State of
Minnesota.
The entire package was presented to the Eminent Domain Commissioners
•for action and we do anticipate a result within the next several days.
I am reluctant to make a prediction, but I would expect the City to do
at least slightly better, on a net basis, than the last offer made by
the State of Minnesota.
Mr. Gary D. Plotz
Page 2
July 6, 1989
If we receive the Commissioner's award prior to Tuesday, I will
probably request that the Council approve it at the upcoming City
Council meeting.
Regardless of the decision of the Commissioners, it does appear the
City will come out several thousand dollars ahead of the original
offer which was increased after discussions with this office.
If you have any questions in connection with the foregoing, you
certainly should feel free to contact me.
Very t
G. Barry�Anderson
GBA:js
11
•
11
•
•
0
FOR YOUR INF_ORMA ION
1989 Property Tax Certification
Timetable for Cities
July 15 Cities with populations over 2,500 and towns receiving
revenues from taconite production taxes certify to the
Department of Revenue their payable 1989 levies for
the operating costs of regional library services not
previously claimed as a special levy for property taxes
payable in 1989 z JY ( .V ,,, L-Adt)
ptilCrU I (-_c Q0r.cA r -01'J
August 15 Department of Revenue certifies local government
aid amounts to cities and towns which were set for
payable 1990 by the 1988 tax law
August 15 Department of Revenue will certify the payable 1990
levy limits under the 1988 tax bill to cities with
populations over 2,500 and towns receiving revenues
from taconite production taxes
September 1 Department of Revenue will certify local government
aid and levy limits under the vetoed tax bill to cities
with populations over 2,500 and towns receiving
revenues from taconite production taxes
October 1 Cities certify proposed property tax levies to`coun4
auditors— V.!qr ,_� R") f !
L Ccrt i.r_
November 9 Cities certify final property tax levies to county auditors
FOR YOUR INFORMATION
'� �- ✓�u.C.G�' Cl.�; �C? c..ti,t.<JC.L �✓ L.. /:. l.lcs+! <.i�+l.L �• .
�, L <N nj- �ri...i,.(,Z' iC-' -l' =V. ,/}� -fL 'r�•!.I" -. "L✓�'LC__
�}. l lip .
��•� ,. > =�-- � L(,• �t�(,.- ti-- :C..- � /t.Z. •t�-- .�L''_.z. o./ � i'r�.6- ✓✓—
h e't
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'..k / s- t_. -t'.. .Ltl LL--�
It -y.;t< u !- )� Z;tZ• ,!i <: Gt- .iZ. e >' ..v . �i =ALE: _
1
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tLL'*f (t,
'= C- YL.f.,iL �- N� . �%;'�ei) ?!.- Vii!/. yZ,- f. -y_i✓' lC. tLLx -k-
.tiS
-5-S7- 3 75.3
jljt 1989 "c.D
0
o
E,.'2 '89
ELECTkIC DIVISIION
INCOME STATEMENT
OPERATING REVENUE
SALES - ELECIRIC ENEFX Y
UPA - ENERGY
NET INCOME FROM OTHER SOURC'E'S
SECURITY LIGHTS
POLE RENTAL
TOTAL OPERATING REVENUE
OPERATING EXPENSES
PRODUCTION OPERATION
PRODUCTION MAINTENANCE
PURCHASED POWER
TRANSMISSION OPERATION
TRANSMISSION MAINTENANCE
DISTRIBUTION OFERATION
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.
HU "FCH.IMSON
UTIL COMMISSION
PAGE 1.
HUTCI'IIN(.ON NNESOIA
I&S
STATEMENT OF 3f, _" 1989 A EXPENSES
MAY 3i,
FOR YOUR
INFORMATION
PREVIOUS
CURRENT
BUDGETED
LIUDGET
ANNUAL
YEAR TO DATE
YEAR TO DATE
YGAR: TO DATE
DEVIATION
FIUPGET
3,376,269.69
3,624,561.42
3,578,792.00
45,769.42
9,206.600.00
.00
.00
.00
.00
15,000.00
1.1,725. 70
11,119.50
11,322.20
(202.70)
2311180,00
5,260.50
5,327.50
6,300.00
(972.50)
15,006.00
1,916.25
1,916.25
2,000.00
(63.75)
4,000.00
3,395 ,172.14
3,642,924.67
3,598,414.20
44,530,47
9,264,480,00
210,162.05
249,376.62_.
250,603.17
1,226.55
_ 594,922.00
38,778.98
50,307.29
37,3B6.00
(121921.29)
134,630.00
2, 041,974.65
2,063,699.40
2,072,212.74
8,513,34
5,3i3,366.00
.00
80.65
.00
(80.65)
4,600.00
67,413.90
16,277.57
18,160.00
1,882.43
32,500.00
52,880.58
68,979.22
60,649.96
(8,329.26)
147,088.00
49,982 84
_ 44,510.13
44,113.32
(396.81)
98,514.00
30,766.02
31.,583.39
31,930.50
347.11
76,161.00
5,027.84
4,126.55
4,693.68
567.13
11,448.00 t
263,627.51
271,756.82
296,134.61
24,377.79
657,00`5.00
400,000.00
385,500.00
402,620.00
17,120.00
982,000.00
3,160,614.37
3,186,197.64
3,218,503.98
32,306.34
81051,934.00
234,557.77
456,727.03
379,910.22
76,816.81
1,212,546.00
2,211.18
(5,209.13)
1,086.00
(6,2+5.13)
7,400.00
128,022.49
170,700.13
120,950.00
49,750.13
295,000.00 -i
19,632.11
6,569.38
(380.00)...
_.. 6,949.38
1,000.00
80,000.00
75,000.00
71,750.00
(3,250.00)
180,000.00
69,865.78
97,060.38
49,906.00
47,154.38
123.400.00
304,423.55
553,787.41
429,816.22
123,971.19
1,335,946.00
(
I
i
l
I
6/22/89
HUTCHINSON UTILITIES COMMISSION
.PAGE 2
HUTCHINSON,
MINNESOTA
Geis DIVISION
STATEMENT
OF INCOME 6 EXPENSES
MAY 31, 1989
PREVIOUS
CURRENT
BUDGETED
UUDGEI
ANNUAL.
YEAR TO DATE
YLAR TO DATE
YEAR TO DATE
DEVIATION
L:UDiSEI
INCOME STATEMENT
OPERATING REVENUES
SALES
2,21.4,165.43
2_,0£73,691.65
2,004,950.00
(S,C" }6.15)
3, lt,00, 000.00
FORFEITED DI::COUNTG
51096.96
5,537.67
4,160.00
t,377.67
8,000100
TOTAL OPERATING REVENUE
2,219,262.39
2,089,229.52
2,089,110.00
119.52
3,508,000.00
OPERATING EXPENSE.
MFG GAS PRODUCTION OPERATION
1,203.15
1,291.54.
1;037.00
(254.9;4)
5,200.00
MFG GAS PRODUCTION MAINTENANCE
.00
116.73
.00
(116.73)
:00.00
PURCHASED GAS EXPENSE
1,702,550.41
1,577,988.62
i,512,500.00
(65,488.62)
2,750,000.00
DISTRIBUTION OPERATION
75,360.63
76,878.67
69,421.81
(7,456.86)
170,681.00
DISTRIBUTION MAINTENANCE
19,077.77
9,566.59
18,858.00
9,271.41
40,000.00
CUSTOMER EXPENSES
16,035.41
21,048.37
19,210.68
(1,837.69)
50,77,,.00
CUSTOMER SERVICES
3,351.90
2,'751.03
3,129.12
:376.09
7,632.00_
ADMINISTRATION b GENERAL
87,836.39
107,380.88
_
118,565.98
11,185.10
257,403.00
DEPRECIATION
32,000.00
35,500.00
32,376.00
(3,124.00)
85,200.00
TOTAL UPERATING EXPENSES
1,939,415.66
1,832 542.43
5,775,098.59
(57,443.84)
3,367,390.00
OPERATING INCOME
279,846.73
256,6e7.09
314,011.41
(57 324.32)
140,610.00
OTHER INCOME AND DEDUCTIONS
OTHER — NET
(1,654.05)
244.48
(1,907.00)
2,151.48
5,300.00
INTEREST INCOME _
_ 97,284.77
1.05,565.42
90,000.00
225,000.00
MISC INCOME /EXPENSE
1.,827.19
1,849.32
(1,976.00)
_15,565.42
3,025.32
800.00
TOTAL OTHER INCOME AND DEDUCTIONS
97,457.91.
107,659.22
86,117.00
21,542.22
231,100.00
NET INCOME
377,304.64
364,346.35
400,528.41
(35,782.10)
371,710.00
_1
I
l �
c12: "r19
ASSETS'
UTILITY PLANT - AT CO'.',T'
LAND 6 LAND RICHIS
DF-F'RECTADLE I1111.I1Y F'I.ANT
TOTAL UTILITY PLANT
LESS ACCUMULATED DF7PF.F.C3.ATI0N
TOTAL ACCUMULATLD DEPF*F_CIA'FiON
CONSTRUCTION IN PROGRES£i
TOTAL CONSTRUCTION IN PROGRESS
TOTAL UTILITY PLANT DEPREC VALUE
RESTRICTED FUNDS 6 ACCOUNTS
FUTURE EXPANSION 8 DEVELOPMENT
RESERVE FOR FUEL OIL
MEDICAL INSURANCE
ITA — OPERATING S MAINT RESERVE
INSURANCE LOSS
CONTRIBUTION — CITY OF HUTCHINSON
BOND A INTEREST PAYMENT 1986
1986 BOND RESERVE
CATASTROPHIC FAILURE FUND
FEDERAL INTERPRFTATION
MAIN REPLACEMENT FUND
TOTAL RESTRICTED FUNDS 6 ACCOUNTS
CURRENT 6 ACCRUED ASSETS
CASH IN DANK
INVESTMENTS& SAVINGS ACCOUNTS
CONTRACT
ACCOUNTS RECEIVABLE
INVENTORIES
PREPAID INSURANCE
ACCRUED INTEREST RECEIVABLE
TOTAL CURRENT 6 ACCRUED ASSETS
DEFERRED CHARGE
BOND DISCOUNT 1986
TOTAL DEFERRED CHARGE
TOTAL ASSETS
HUTCHINSON UT'_L : COMMISSION PF,GE 1
HUTCHINSOANNESOTA
BALANCE SLit:E'f
MAY 31, 1989 FOR YOUR INFORMATION
it • • ELECTRIC w r a r r w w a GAS • • * * +, .* r it is 'TOTAL a it
140,963.10
1.7,957,532.9£1
16,090,496.00
(12, 049, 820.' M)
(12,049,020,75)
27.763.89
227,763.88
6,276,439.21
6,919,B21.I()
750,000.00
60,000.00
200,000.00
300,000.00
75,000.00
216,681.27
392,000.00
750,000.00
.00
.00
9,663,502.37
228,624.43
448,779.18
.00
875,147.29
509,174.77
38,553.05
225, 9£)9.57
2,326,189.09
85,337.97
85,337.97
18,351,468.64
1.3,97£'.10 154,94?..20
^,430,090.91. 20,530,586.99
(1,041,320.03) (13,091,1.40.76,
(1.,041,320.03) (13,091,)40.76)
28,927.28 256,691.16
281927.28 256,691.16
1,419,698.16 7,696,137.37 _.
1,250,000.00
.00
40,000.00
.00
.00
.00
.00
.00
.00
627,326.59
11000,000.00
2,917,326.59
616,883.22
109,098.88
49,648.97
208,262.65
60,292.23
1, 698.5:3
127, `.515.22
1,173,399.70
00
.00
,'51.0,424.45
8,169,821..10
750,000.00
i00,000.00
200,000.00
300,000.00
75,000.00
216,68t.27
392,000.00
750,000.00
627,326.!;9
1,000,000.00
12,580,820.96
845,507.65
557,878.06
49,648.97
1,083.409.94
569,467.00
40,252.38
353,424.79
3,499,58B.79
85,337.97
85,337.97
23,861,893.09
0
6/22..89 HUTCHINSON UTILITIES COMMISSION
HUTCHINSON, MINNESOTA
11ALA14CL SHEET
MAY 3t, 1909 .
r1UN1CTPAL EQUITY h LIAPILI77:E_S
MUNICIPAL EQUITY
MUNICIPAL. EQUITY
UNAPPROPRIAIE.D kETAINE -.D EAPF41NGS
CONTRIBUTION TO CITY
TOTAL .MUNICIPAL EQUITY
LONG TERM LIABILITIES -NET OF
CURRENT MATWITIES
1986 PONDS
TOTAL LONG TERM LIABILITIES.
CONSTP. CONTRACTS 6 ACCTS PAY RETAIN
TOTAL CONSTRUCTION 6 ACCTS PAY
CURRENT G ACCRUED LIABILITIES
ACCOUNTS PAYABLE
INTEREST ACCRUED
ACCT PAYABLE TO ASSOCIATED COMPANY
ACCRUED PAYROLL
ACCRUED VACATION PAYABLE
CUSTOMER DEPOSITS
OTHER CURRENT 6 ACCRUED LIABILITIES
TOTAL CURRENT d ACCRUED LIAP-
TOTAL MUNICIPAL EQUITY h LIAR
PAGE
w r w ELECTRIC w r w w +t w w if GAS w w w .w_.* ......._ w w w «. TOTAL w w w w
13,621,30`.78 4,943,423.28 18,564,733.6,,
553,787,4i x64,346 31
(112,1;00.00) (.00) (512,500.00)
14,062,597.19 5,307,769.59 19- ,370,366.78
3,510,000.00 -
3,510,000.00..
.00
587,289.86
1,337.64
(25,060.68) _.
39,844.43
77,803.84
97,705.11
(48.75)
778,671.45
18,351,468.64
.00
3.tAtel000.00
.00
315101000.00
175,603.23
-
'762,893.09
.00
1,337.64
(.00) ..
- -?,309.55. -.
(23,348.06)
_. 49,153.98.
16,048.68
93.8521.52
.00 -
97,705.11
(19.20)
(67.95)
202,654.86
981,526.31
5,510,424.45
23,865,(1,93.09
FOR YOUR INFORMATIO1
MAY
CITY OF HUTCHINSON FINANCIAL REPORT - 1989
MAY
REVENUE REPORT - GENERAL FUND
CURRENT
YEAR TO
ADOPTED
BALANCE
PERCENTAGE
•
MAY
DATE ACTUAL BUDGET
REMAINING
USED
TAXES
450000.00
476378.46
1278791.00
802412.54
37.3%
LICENSES
159.00
9406.50
19825.00
10418.50
47.4%
PERMITS AND FEES
45029.35
60514.11
90000.00
29485.89
67.2%
INTER - GOVERNMENT REVFNUE
0.00
110289.42
1549218.00
1438928.58
7.1%
CHARGES FOR SERVICES
77026.72
201991.69
515362.00
313370.31
39.2%
FIVES & FORFEITS
3026.43
15537.62
35500.00
19962.38
43.8%
MISCELLANEOUS REVENUE
9212.85
45394.21
156556.00
111161.19
29.0%
CONTRIBUTIONS FROM OTHER FENDS
5750.00
80757.00
426000.00
345243.00
19.0%
REVENUE FOR OTHER AGENCIES
1732.91
2016.45
200.00
- 1816.45
1008.2%
TOTAL
591937.26
1002285.46
4071452.00
3069166.54
24.6%
EXPENSE REPORT
GENERAL FUND
MAYOR & COUWIL
2313.06
14181.05
32940.00
18758.95
43.1%
CITY ADM. /CITY CLERK
11807.46
62874.76
141512.00
78637.24
44.4%
ELECTIONS
0.00
0.00
2768.00
2768.00
0.0%
FINANCE
15281.82
95657.07
225914.00
130256.93
42.3w-
MOTOR VEHICLE
5195.90
28964.68
64074.00
35109.32
45.2%
ASSESSING
0.00
0.00
20700.00
20700.00
0.0%
LEGAL
2542.00
12940.25
41000.00
28059.75
31.6%
•PL.ANNING
1329.73
7853.67
12475.00
4621.33
63.0%
CITY HALL
2006.10
14065.04
41856.00
27790.96
33.6%
RECREATION BUILDING
5310.34
19361.62
57366.00
38004.38
33.8%
POLICE DEPARTMENT
72131.95
374318.70
836667.00
462348.30
44.7%
FIRE DEPARTMENT
4733.05
31266.46
104915.00
73648.54
29.8%
COMMUNITY SERVICE OFFICER
2115.30
11227.85
30482.00
19254.15
36.8%
SCHOOL LIAISON OFFICER
0.00
22039.00
22039.00
0.0%
BUILDING INSPECTION
4790.04
26477.00
61908.00
35431.00
42.8%
EMERGENCY MANAGEMENT
0.00
157.50
13238.00
13080.50
1.2%
SAFETY COUNCIL
0.00
0.00
150.00
150.00
0.0%
FIRE MARSHALL
3727.80
19234.21
50840.00
31605.79
37.8%
ENGINEERING
16714.44
80821.83
224454.00
143632.17
36.0%
STREETS & ALLEY'S
31705.50
153577.05
366040.00
212462.95
42.0%
STREET MAINTENANCE A/C
2897.29
21424.87
89900.00
68475.13
23.8%
LIBRARY
857.88
32810.37
68791.00
35980.63
47.7%
SENIOR CITIZEN CENTER
9464.19
36059.23
82860.00
46800.77
43.5%
PARK /REC. ADMIN.
8012.78
30904.27
95151.00
64246.73
32.5%
RECREATION
9879.19
41059.26
153472.00
112412;74
26.8%
CIVIC ARENA
12245.96
69008.57
112411.00
43402.43
61.4%
PARK DEPARTMENT
44744.39
150057.16
409116.00
259058.84
36.7%
CEMETERY
3635.13
17779.62
49132.00
31352.38
36.2%
COMMUNITY DEVELOPMENT
2330.79
13426.21
33150.00
19723.79
40.5%
CELEBRATE 1990 GRANT
4567.50
4567.50
0.00
- 4567.50
ERR
DEBT SERVICE
1500.00
14500.00
57000.00
42500.00
25.4%
AIRPORT
- 4843.26
111580.48
55075.00
- 56505.48
202.6%
TRANSIT
ENERGY COUNCIL
7467.91
3812.00
38832.84
14110.08
129016.00
30000.00
90183.16
15889.92
30.1%
47.0%
S.C.D.P. COORDINATRO
2796.63
17865.08
0.00
- 17865.08
0.0%
UNALLOCATED
- 50657.62
78217.74
355040.00
276822.26
22.0%
0.00
TOTAL
240415.25
1645182.02
4071452.00
2426269.98
40.4%
MAY
CITY OF HUTCHINSON FINANCIAL REPORT - 1989
MAY
133169.00
ENTERPRISE
FUNDS
SUPPLIES, REPAIR & M.AINTENANCE
26.95
265.24
REVENUE REPORT - LIQUOR FUND
MONTH OF
YEAR TO
ADOPTED
BALANCE
PERCENTAGE
39800.00
MAY
DATE ACTUAL
BUDGET
REMAINING
USED
LIQUOR SALES
31430.50
158903.72
447800.00
288896.28
35.:;%
WINE SALES
9588.27
44500.06
160300.00
115799.94
27.$%
BEER SALES
60279.39
9.42376.51
700300.00
457923.49
34.6%
BEEP. DEPOSITS
641.30
389.92
0.00
- 389.92
0.00
MISC. SALES
2546.56
12129.55
45000.00
32870.45
450415.96
INTEREST
637.13
2286.24
5600.00
3313.76
40.8%
REFUNDS & REIMBURSEMENTS
- 270.32
0.00
0.00
0.00
20077.19
CASH DISCOUNTS
-90.20
- 318.9-4
- 2800.00
- 2481.76
979502.47
TOTAL
105032.95
460267.76
1356200.00
895932.24
33.9%
EXPENSE REPORT
LIQUOR FUND
PERSONEL SERVICES
10680.89
57956.04
133169.00
75212.96
43.5%
SUPPLIES, REPAIR & M.AINTENANCE
26.95
265.24
4700.00
4433.76
5.6%
OTHER SERVICES & CHARGES
1805.91
8512.59
39800.00
31287.43
21.4%
MISCELLANEOUS
250.00
253.00
8900.00
8647.00
2.8%
CAPITAL OUTLAY
3130.00
4368.32
29000.00
24631.68
0.0%
TRANSFERS
0.00
0.00
110000.00
110000.00
0.0%
COST OF SALES
118431.10
379060.79
1032600.00
653539.21
36.'%
OTHER
0.00
0.00
- 2300.00
- 2300.00
0.0%
TOTAL
134324.85
450415.96
1355869.00
905453.04
33.2%
REVENUE REPORT - WATER
SEWER /FUND
FEDERAL GRANTS
0.00
0.00
0.00
0.00
0.0%
WATER SALES
36266.31
188655.93
506000.00
317344.07
37.3%
WATER METER SALES
2152.00
6142.30
6500.00
357.70
94.5%
REFUSE SERVICES
38922.63
171222.38
412000.00
240777.62
SEWER SERVICES
108273.60
553527.65
1147000.00
593472,35
48.3%
EPA SALES
0.00
0.00
0.00
PENALTY CHARGES
1086.63
5871.64
11000.00
5128.36
0.0%
INTEREST EARNED
4789.68
31735.06
60000.00
28264.94
52.9%
REFUNDS & REIMBURSEMENTS
357.00
2270.32
2000.00
- 270.32
0.0%
OTHER
17.50
20077.19
2000.00
- 18077.19
100319%
TOTAL
191865.35
979502.47
2146500.00
1166997.53
45.6%
EXPENSE REPORT - WATER
SEWER /FUND
REFUSE
37299.80
217024.10
411438.00
194413.90
58.7%
WATER
15172.58
208249.57
853683.00
645433.43
24.4%
SEWER
36844.03
816677.62
1805816.00
989138.38
45.2 % -*
WASTE TREATMENT PLANT CONSTRUCT.
8380.48
65548.16
0.00
- 65548.16
TOTAL
97696.89
1307499.45
3070937.00
1763437.55
42.6%
•
•
0
Hutchinson Safety Council Minutes
June 26, 1989
12:00 Noon
Hutchinson Fire Station
FOR YOUR INFORMATION
The Program was given by Carol Bufton, President of the Minnesota State
Safety Council. Carol spoke regarding the mission of the State Safety
Council - to promote occupational, home and public safety and to reduce
accidents. Resources from the Minnesota State Safety Council include
• Speaker's Bureau and an
• Audio visual Library
Programs that the State Safety Council are involved in include:
* MN Safe Kids
* Defensive Driving Course, and
* Awards Program
School Patrol
School Bus
City and County Traffic Awards Program
The meeting was called to order by Vice - President Mark Schnobrick.
The Treasurer's report was given and the minutes were approved as read.
OLD BUSINESS
1. Out of seven letters sent out in May to potential new members, we
have received 5 responses. The VFW and Legion have not yet responded.
We now have 29 members on our mailing list. Mailing the minutes out
costs approximately $100.00 per year. The Treasurer moved that we
request an additional $100.00 per year for a total budgeted amount
of $25U.00 per year. The motion was seconded and approved unanimously.
2. The County Fair was discussed. Since the safety trailer is not
available George Fields moved that we obtain the Vince and Larry
Crash Dummies for the fair. The motion was seconded by Grant Knutson
and approved unanimously. Mark Schnobrick will check with Liz Akre,
our Safety Council member representative from the Student Council-to
ask her recommendation on people who might be willing to wear the
costumes at the Fair. Mark will also check with John Reynolds about
renting a space at the Fair. Les Smith stated that the money in our
savings account was set aside for the purpose of defraying expenses
at the County Fair and could be used for renting a booth at the Fair.
It was decided that we would need some pamphlets and hand -out materials
for the Fair and for the rack at the entrance to City Hall. George
Fields stated that he would be willing to stock the pamphlet rack at
City Hall if we had the materials available. The City Hall rack is
suppossed to be sponsored by the Hutchinson Jaycees and the Hutchinson
Safety Council; a letter will be written to the Jaycees asking for
funds to order materials to stock the City Hall Rack and to ask
whether they would be willing to sponsor the Safe Kids brochures
(.10p / copy) at the Fair Booth. Jean Ward will look into ordering
the safety brochures for both the Fair and the and the City Hall
pamphlet rack.
3. The next meeting will be Monday, July 31st at the Fire Hall.
The meeting was adjourned at 1:15.
Submitted by Jean Ward, Secretary / Treasurer
PIONEERLAND LIBRARY SYSTEM BOARD MEETING
June 12, 1989
PRESENT: !!
FOR YOUR INFORMAjif
Jeanette Buchanan representing Willmar
Nancy Alsop Litchfield
Sjirley Nowak McLeod County
Lorna Carlson Swift Cty.
Richard Post " Kandiyohi Cty.
John Nevins Dawson
Ric Emery Willmar
Gladys Nelson Ortonville
Kathleen Kubasch " McLeod County
Noel Phifer " Glencoe
Stan Jacobson Chippewa County
William Scherer Hutchinson
Anne Macquire Madison
Judy Oestreich Litchfield
Dick Baysinger Benson
Sandy Casper Graceville
Jan Kreie McLeod County
Marian Miller Meeker County
Linda Ulricl. Renville
Shirley Schutt Kerkhoven
Laverna Birkland Kandiyohi Cty.
Peg Mossberg Kandiyohi Cty.
Liz Erickson Appleton
Kathy Matson, Associate Director
David Lauritsen, Chippewa County Librarian
ABSENT:
Burton Sundberg, Director
Carol Conradi * Willmar
Orlynn Mankell * Kandiyohi Cty.
Jack Langen * Swift County
Howard Turck * Meeker County
Steve Boehlke * Chippewa County
Arlen Lacombe Big Stone County
Linda Willmsen Hutchinson
Dorothy Tebben Chippewa County
Margaret Jenner Bird Island
Joe Schriefer Hector
* Excused absence
The June 12th meeting of the.full PLS Board of Trustees
was called to order at 7:35 PM by Vice- chairperson Linda
Ulrich. The Secretary's minutesof the May meeting were
approved on a motion by Buchanan /Schutt. Due to the absence
of Carol Conradi, Finance Committee member, a motion was
made and carried (Oestreich /Scherer) to table the Financial
Report.
Page 2 PLS Board Meeting -June 12, 1989
Kathy Matson gave the details of a Library Tour to
Northfield, MN on July 27th available to staff, trustees,
and guests.
The old van was sold on a bid of $506, according to
Mrs. Matson.
Nelson /Jacobson moved for payment of bills;carried.
Concerning Extension of Access, Lac qui Parle
County has signed a contract to join PLS effective 1/1/90.
As of June 1st, 1989, library patrons in this county were
able to obtain free non - resident library cards.
The City Council of Clarkfield has shown some interest
in joining PLS. We hope to have future meetings with Olivia
City Council, Yellow Medicine County Commissioners and Granite
Falls City Council.
At the close of the Legislative Session, Mrs. Matson stated,
the amount of funds earmarked for libraries was slightly
above last year. Despite the legislative recess, the legi-
slation to exempt libraries from the levy limit was still
in limbo because of the governor's veto of the tax bill.
A thank you note was read from the family of Robert
Arens for the book placed in the Dassel Library in his memory.
The 1990 Budget Proposal, being tabled at the May meeting,
was removed from the table by a carried motion (Scherer /Post).
After some discussion, a motion was made (Emery) to reduce
all expenditures by .75% (the approximate difference between
. the 3 %Z% levy limit and the current increase proposed) not
to include personnel, cataloging, and other fixed expenses.
Motion died for lack of second. A motion to accept the
Budget as presented was carried (Jacobson /Mossberg).
The motion to authorize Steve Boehlke, Chairman, to
sign our application for State and Federal Funds passed
(Oestreich /Kreie).
Motion by Nelson /Nevins to authorize Steve Boehlke to
sign the Agreement with Lac Qui Parle County.
The Executive Committee will meet July 10, 1989.
The meeting was adjourned at 8:40 PM.
Respectfully submitted,
Judy Oestreich, Secretary
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