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cp10-14-86 cAGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 14, 1986 1. Call to Order - 7:30 P.M. 2. Invocation - Reverend Gary Brooks, Shalom Baptist Church 3. Consideration of Minutes - Regular Meeting of September 23, 1986 and Bid Opening 6f7e -p em er 23, 1986 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Building Official's Report - September 1986 2. Airport Commission Minutes of September 15, 1986 3. Police Civil Service Commission /Police Dept. Minutes 4. Nursing Home Board Minutes of August 21, 1986 5. Park b Recreation Board Minutes of September 3, 1986 6. Tree Board Minutes of September 3, 1986 7. Charter Commission Minutes of September 24, 1986 (b) Consideration of Appointments 1. Appointment of Larry Ladd to Library Board to replace Gary Amundson 2. Appointment of Bruce Drahos to Planning Commission to replace Shu -Mei Hwang Action Motion to order minutes and report filed and to ratify appointments 5. Public Hearing - 8:00 P.M. (a) Roberts First Addition - Project No. 87 -01 Action - Motion to close hearing - Motion to reject - Motion to approve project - Motion to waive reading and adopt Resolution 8403 (b) 5th Avenue 8 Maplewood - Project No. 87 -05 Action - Motion to close hearing - Motion to reject - Motion to approve project - Motion to waive reading and adopt Resolution 8404 1 CITY COUNCIL AGENDA - OCTOBER 14, 1986 6. Communications, Requests and Petitions (a) Report by Chuck Barger of RCM Re Copper Service Leads Action - (b) Presentation By Police Department Building Committee Action - 7. Resolutions and Ordinances (a) Ordinance No. 23/86 - An Ordinance Amending Section 635:10 of the 1974 Ordinance Code of the City of Hutchinson Entitled Weed Elimination Action - Motion to reject - Motion to waive second reading and adopt (b) Ordinance No. 24/86 - An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations in the City of Hutchinson & the Official Zoning Map Action - Motion to reject - Motion to waive second reading and adopt (c) Resolution No. 8402 - Resolution Accepting $75,000 from the Hutchinson Utilities Commission Action - Motion to reject - Motion to accept and adopt Res. 8402 (d) Resolution No. 8405 - Resolution Transferring $20,36 from 1988 Tax Increment Debt Service Fund to 1982 Tax Increment Debt Service Fund Action - Motion to reject - Motion to approve and adopt Res. 8405 (e) Resolution No. 8406 - Resolution Transferring $554,819 and any Accrued Interest from the Federal Revenue Sharing Fund to the General Fund Action - Motion to reject - Motion to approve and adopt Res. 8406 (f) Resolution No. 8407 - Resolution for Purchase Action - Motion to reject - Motion to approve and adopt Res. 8407 8. Unfinished Business (a) Consideration of Awarding Bid for Project No. 86 -15 (Freemont Ave. Cul -de -Sac) (DEFERRED 9- 23 -86) Action- Motion to reject - Motion to approve and award bid N CITY COUNCIL AGENDA - OCTOBER 14, 1986 ITEM (b) DELETED (c) Consideration of Appraisals for Emma Lake Property Action - (d) Consideration of Water Supply to Gopher Campfire Sanctuary (DEFERRED 9- 23 -86) Action - Motion to reject - Motion to approve recommendation (e) Consideration of Service Contract with Maguire Iron for Inspection of Water Tower (DEFERRED 9- 23 -86) Action - Reject - Approve contract (f) Consideration of Engineering Contract for Phase III Wastewater Treatment Plant Action - 9. NEW BUSINESS (a) Consideration of Entering into 1987 Assessment Agreement between City and County Action - Reject - Approve and enter into contract (b) ITEM DELETED (c) Consideration of Subdivision Agreement for Santelman's Second Addn. Action - Motion to reject - Motion to approve sudivision agreement (d) Consideration of Airport Commission Recommendation for Gas Policy Action - (e) Consideration of Airport Commission Recommendation for Priority Use of Hanger Space at Airport Action - (f) Consideration of Application by Hutch JayCees for Gambling License at Spanky's Action - Motion to reject - Motion to approve and issue license (g) Consideration of Request for Rate Adjustment for Hutch Utilities (presented by Utilities Staff) Action - 3 CITY COUNCIL AGENDA - OCTOBER 14, 1986 4 (h) Consideration of Request for Senior Citizen Deferred Assessment by Louis Henke Action - Motion to reject - Motion to approve request (i) Consideration of Updating Policy for Rental of City Hall Action - Motion to reject - Motion to approve policy (j) Consideration of Continuation of Insurance Consultant Agreement Action - (k) Discussion of Strengthening Control of Junk Cars by Ordinance Action - (1) Consideration of Mailing Notices for Clear Water (Sump Pump) Hookup to Sanitary Sewer Action - (m) Discussion of Maplewood Academy /Lateral 1 /County Ditch 18 /County Board Action - (n) Consideration of Recommendation from Park Board Re: User fee Policy Change Action - (o) Consideration of Policy for Extraordinary Wastewater Releases (Example: Lactose) Action - (p) Consideration of a Resolution Increasing Authority of Utilities Commission for Purposes of a "Power Authority" Action - (q) Consideration of Maintenance Agreement with Retail Data Systems for Cash Registers at Liquor Store Action - Motion to reject - Motion to approve agreement (r) Discussion of State DOT Appraisals for Hwy 7 West Service Road Action - a 4 CITY COUNCIL AGENDA - OCTOBER 14, 1986 (s) Consideration of Resolution Activating Rail Crossings in City Action - Motion to reject - Motion to approve and adopt Res. a/0 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 I* ek 5 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 23, 1986 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Alderman Mike Carls, Alderman John Mlinar, Alderman Marlin Torgerson, Alderman Pat Mikulecky, and Mayor Paul L. Ackland. Also present: City Administrator Gary D. Plotz, Director of Engineering Marlow V. Priebe, and City Attorney James Schaefer (arrived at 7:40 P.M.). 2. INVOCATION The invocation was given by the Reverend Harry Kelm. 3. MINUTES The minutes of the special meeting of September 3, 1986, regular meeting of September 9, 1986 and bid opening of September 9, 1986 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - AUGUST 1986 2. PLANNING COMMISSION MINUTES OF AUGUST 19, 1986 3. HOSPITAL BOARD MINUTES OF AUGUST 19, 1986 (b) CONSIDERATION OF GAMBLING LICENSE FOR HUTCHINSON JAYCEES AT O'TOOLES PUB The nation was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to order the minutes and report filed and to issue the gambling license. Motion unanimously carried. S. PUBLIC HEARING 8:00 P.M. (a) CONSIDERATION OF 1987 CITY BUDGET Mayor Ackland called the hearing to order at 8:00 P.M. No one was present to be heard. The motion was made by Alderman Mlinar to close the hearing at 8:02 P.M. Motion seconded by Alderman Carls and car- ried unanimously. Finance Director Kenneth B. Merrill reviewed the 1987 City budget. Administrator Plotz inquired if the unpaid tax increment for S b L Rehab could be certified against the property and added to the tax list at this time. Also, there was discussion regarding assessing the de- linquent water account for Midwest Trailer Court and certifying it to It the property owner's taxes. It was the City Attorney's opinion that this was the best alternative for eventual payment to the City. The Finance Director was then asked to obtain information from the County CITY COUNCIL MINUTES - SEPTEMBER 23, 1986 on the status of the property owner's tax payments, with discussion at the next Council meeting. Alderman Torgerson moved to waive reading and adopt Resolution No. 8395 to certify assessments of the City to the County, with inclusion of the delinquent tax increment for S & L Rehab. Motion seconded by Alderman Mikulecky and unanimously carried. Alderman Torgerson moved to waive reading and adopt Resolution No. 8396 approving the 1987 tax levy. Motion seconded by Alderman Mlinar and unanimously carried. Alderman Torgerson moved to waive reading and adopt Resolution No. 8397 adopting the 1987 General Fund Budget. Motion seconded by Alderman Mlinar and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PETITION FOR SUNDAY LIQUOR REFERENDUM City Administrator P1otz reported there were approximately 200 names submitted, which was not enough to meet the petition requirements. The City would need 30 days prior to the election date to prepare the ballot. No action was taken. (b) PRESENTATION BY POLICE DEPARTMENT BUILDING COMMITTEE It was reported the presentation would be made at the October 14 meet- ing. (c) CONSIDERATION OF REQUEST FOR STREET LIGHTS: 1. CORNER OF ONTARIO STREET & FIFTH AVENUE S.E. (ALLEY) 2. CURVE OF BRADFORD STREET IN OAK PARK SECOND ADDITION Following discussion, Alderman Torgerson moved to approve the lights and refer the requests to the Hutchinson Utilities. Motion seconded by Alderman Mlinar and carried unanimously. (d) CONSIDERATION OF PENALTY POLICY FOR LATE PAYMENT Administrator Plotz reported the City received a complaint from a resi- dent who was charged late penalty because he was on vacation. He pointed out that if the City was notified, the penalty would be waived. This individual had not contacted City Hall. In addition, he was not baing billed for sewer service. Following discussion, it was suggested that a notice be sent out to the residents reminding them that arrangements for payment can be made if they are to be away for a period of time. to 2 CITY COUNCIL MINUTES - SEPTEMBER 23, 1986 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8386 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8386. Motion unanimously carried. (b) RESOLUTION NO. 8387 - RESOLUTION AUTHORIZING RELEASE OF SECURITIES TO FIRST NATIONAL BANK OF HUTCHINSON, MINNESOTA Alderman Carts moved to waive reading and adopt Resolution No. 8387. Motion seconded by Alderman Mikulecky and carried unanimously. (c) ORDINANCE NO. 23/86 - AN ORDINANCE AMENDING SECTION 635:10 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED WEED ELIMINATION Alderman Mlinar moved to waive first reading of Ordinance No. 23/86 and set second reading October 14, 1986. Motion seconded by Alderman Tor- gerson and carried unanimously. (d) RESOLUTION NO. 8389 - RESOLUTION OF APPRECIATION TO KAYE LINK The motion was made by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8389. Motion unanimously car - ried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF IMPROVEMENT PROJECT NO. 86 -12 Engineer Priebe stated the latest information on project 86 -12 was received today. There would be no problem with access for a service road. A letter had been sent to all property owners regarding an ease- ment, and Plowman's lot would be used on a temporary basis. Mr. Arlie Schlecht of Plowman's commented they were only in favor of a very temporary service road until the highway project was completed. Following discussion, Alderman Torgerson moved to reject the project and to waive reading and adopt Resolution No. 8401. Motion seconded by Alderman Mikulecky and carried unanimously. (b) CONSIDERATION OF CLEAN UP OF FORD ROLFE THIRD AVENUE PROPERTY Attorney Schaefer reported a citation was issued, and Mr. Rolfe was ordered to remove classic cars from his property. Mr. Ford Rolfe appeared before the Council and stated he was attempt- ing to clean up the area, but he was in conformity with his neighbors' 3 CITY COUNCIL MINUTES - SEPTEMBER 23, 1986 to property. The wood piled up was for burning, and the cars contained motors he wished to take out before removing them from the property. Alderman Torgerson and Mr. Rolfe agreed to review the area in question the following day. It was the consensus of the Council that as long as the problem was being taken care of, no further action was necessary. (c) CONSIDERATION OF AUDITING FIRM REVIEW OF CASH POLICIES IN OTHER CITY DEPARTMENTS (DEFERRED SEPTEMBER 9, 1986) City Administrator P1otz reported on the scope of the audit to be done by Charles Bailly & Co. to review the cash policies of eight to ten City departments. The proposed total fee would be $2,500 to $3,000, which included the $750 to $1,000 fee for the police department cash fund review now in progress. After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve the audit review and enter into a con- tract with Charles Bailly& Co. Motion unanimously carried. (d) CONSIDERATION OF WASTEWATER TREATMENT PLANT PHASE III ENGINEER AND FEES (REQUESTED BY ALDERMAN JOHN MLINAR) The three options for scope of services provided by Donohue & Associ- ates was, reviewed, as well as the fixed fee. Following lengthy dis- cussion, it was the consensus of the Council to negotiate with Dono- hue for a $75,000 fixed fee and option No. 3, including the survey work, for a 17 -month construction on the wastewater treatment plant. Alderman Mlinar moved to authorize the City Administrator to negotiate with Donohue on the proposed $75,000 fixed fee and option No. 3 with survey work. Motion seconded by Alderman Carts and unanimously car- ried. (e) CONSIDERATION OF FIFTH AVENUE NORTHWEST /MAPLEWOOD ACADEMY STORM DRAINAGE PROBLEM Engineer Priebe presented his storm drainage study in three sections and explained the related costs. Following discussion, Alderman Torgerson moved to approve the report and set a public hearing for project No. 87 -05 on October 14, 1986 at 8:00 P.M. Motion seconded by Alderman - Mlinar and carried unanimously. Alderman Carls requested the information be available for the next meeting of the amount Maplewood Academy has paid over the years to the County for maintenance of lateral 1. 4 CITY COUNCIL MINUTES - SEPTEMBER 23, 1986 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Alderman Carls moved to authorize discontinuation of service on Sep- tember 29, 1986 at noon unless other arrangements were made. Motion seconded by Alderman Mlinar and carried unanimously. (b) CONSIDERATION OF MAINTENANCE SERVICE AGREEMENT WITH BENNETT OFFICE SUPPLIES, INC. FOR COPIER IN RECREATION CENTER The motion was made by Alderman Mlinar to approve the service agree- ment. Motion seconded by Alderman Mikulecky and unanimously carried. (c) CONSIDERATION OF ALARM SYSTEM CONTRACTS WITH ELECTRO WATCHMAN, INC. FOR CAMPBELL LANE LIFT STATION, RECREATION CENTER AND MUNICIPAL LIQUOR STORE Alderman Torgerson made the motion to approve the alarm system con- tracts. Motion seconded by Alderman Carls and carried unanimously. (d) CONSIDERATION OF PERSONAL INJURY CLAIM SUBMITTED BY DUANE ARNDT City Administrator Plotz reviewed the background of the personal in- jury claim submitted in the amount of $83. The City's insurance com- pany denied the claim; however, the City was negligent in not having proper equipment available for participants in the sports program. Following discussion, Alderman Mlinar moved to approve payment of the claim and'directed the City Attorney to prepare the proper documents for a release of liability. Motion seconded by Alderman Carts and car- ried unanimously. (e) CONSIDERATION OF REZONING SUBMITTED BY HELLAND /BETHKE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve the rezoning and waive first reading of Ordinance No. 24/86 and set second reading October 14, 1986. Motion unanimously carried. (f) REVIEW OF CONDITIONAL USE PERMIT GRANTED TO HAVTI FOR PORTABLE TRAINING UNITS (ANNUAL REVIEW) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Carls moved to approve the conditional use permit reviewal. Motion seconded by Alderman Mikulecky and carried unanimously. (g) CONSIDERATION OF VARIANCE SUBMITTED BY DR. JAMES KUEHL TO MCLEOD COUNTY (WITHIN TWO MILE RADIUS) WITH DENIAL FROM PLANNING COMMISSION 5 CITY COUNCIL MINUTES - SEPTEMBER 23, 1986 Alderman Torgerson reported the Planning Commission's reasons for denial were based on the fact that it was not a hardship due to lot size and neither the City nor County could act without DNR approval. Following discussion, Alderman Torgerson moved to reject the variance for the reasons stated by the Planning Commission. Motion seconded by Alderman Mlinar and unanimously carried. (h) CONSIDERATION OF PLANS AND SPECIFICATIONS FOR PROJECT NO. 86 -14, LETTING NO. 14, AND ADVERTISEMENT'FOR BIDS After discussion, the motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve the plans and specifications for project No. 86 -14, to open bids October 13, 1986 at 2:00 P.M., and to waive reading and adopt Resolution No. 8388. Motion carried unanimously. (i) CONSIDERATION OF WATER SUPPLY TO GOPHER CAMPFIRE SANCTUARY Engineer Priebe reported that about a year ago Gopher Campfire request - ed water usage to the sanctuary. The volume of water used was more than anticipated, and there was consideration of putting in a welt. Alderman Carls moved to defer consideration of the water supply and to direct the City Administrator to write a letter to Gopher Campfire re- questing a representative be present at the next Council meeting. Mo- tion seconded by Alderman Torgerson and unanimously carried. (j) CONSIDERATION OF LEASING AIRPORT LAND FOR PRIVATE CONSTRUCTION OF HANGARS BY DOUG MCGRAW This item was removed from the agenda. (k) CONSIDERATION OF SERVICE CONTRACT WITH MAGUIRE IRON FOR INSPECTION OF WATER TOWER Following discussion, Alderman Carl moved to defer until more infor- mation was available. Motion seconded by Alderman Mlinar and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported Chuck Barger of RCM would give a report on copper service leads at the next Council meeting. It was reported that the energy grant application was approved. Mr. Plotz will attend the September 29 Utilities Commission Meeting to re- view the grant with the Commissioners. The City has received a proposed liquor store layout for the vacant E is CITY COUNCIL MINUTES - SEPTEMBER 23, 1986 site adjacent to County Market in Plaza 15. A report on a satellite site for a liquor store will be on the next Council agenda. The Administrator stated Larry Bethke had requested a special meeting of the City Council to act on the Sunday liquor referendum if the re- quired names on a petition were obtained by September 30. City Attor- ney Schaefer commented that sufficient names of petition would require the issue to go on the ballot; however, the City Council was not re- quired to hold a special meeting to act on the petition. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls reported he had received a complaint regarding the con- ditional use permit issued for a board and lodging home. It appeared that some of the residents were not elderly. Attorney Schaefer stated that age did not necessarily determine the need for this type of lodg- ing. There had been an inquiry about sidewalk being put in from Roberts Park complex east and west to the development of homes by the lake and along School Road to the new elementary school site. Engineer Priebe stated the sidewalk would be put in when the need was there. 9 (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar raised a question regarding drawing up duties of the City Administrator position. It had been talked about for several years, but nothing had been done. He suggested the City Administrator could be doing some of the management without a major change in the form of City government. City Administrator Plotz remarked that there were four alternatives being considered by the Charter Commission. (d) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland inquired if copies were on file of the City Administrator and City Attorney's reviews which were done months ago. The answer was "no." The two reviewal committees were instructed to do so. (e) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky inquired about the City's liability and insurance coverage for the park and recreation programs. (f) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson commented on the demolition bid for the new police station site and stated the two houses would be demolished this fall. A snow fence would then be put around the area for safety purposes. The bid lettings would be early next year. The Police Station Bulding Committee will present the proposed building design and costs at the October 14 Council meeting. 7 CITY COUNCIL MINUTES - SEPTEMBER 23, 1986 0 (g) COMMUNICATIONS FROM CITY ATTORNEY JAMES SCHAEFER Attorney Schaefer reported he had contacted 11 property owners regard- ing easements for the proposed wastewater treatment plant. Four addi- tional names of out -lot property owners were also obtained and con- tacted. Since the 3M Company gave an easement to the utilities, he didn't foresee any problem with the City getting one from the company. It was determined Attorney Schaefer should attempt to obtain both sur- face and underground easements from the property owners, but the under- ground easement was most crucial at this point. The City Attorney sug- gested the Council consider what action would be taken if one or more property owners refused to give an easement. It was his suggestion to use eminent domain proceedings, if time permitted. (h) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING MARLOW V. PRIEBE Engineer Priebe reported there was some additional survey work to be done for some of the wastewater treatment plant easements and request- ed to hire Pellinen Land Surveying for the survey. Alderman Carls moved to direct the City Engineer to take care of the survey. Motion seconded by Alderman Torgerson and unanimously carried. It was reported that bids were received today for project No. 86 -15, and Engineer Priebe recommended awarding the bid to Wm. Mueller, low bidder, at the amount of $24,076.78. The motion was made by Alderman Carls to award the bid to Wm. Mueller. Motion seconded by Alderman Mlinar and unanimously carried. City Administrator Plotz stated that today he had received a legal opinion from Newell Weed's attorney stating the City's subdivision ordinance regarding cul -de -sacs did not apply to Greencastle, and their proposal had met all requirements. It was his recommendation to con- tinue the awarding of bid to the next meeting and take no action at this tinme. Alderman Carls withdrew his motion. The City Engineer commented that the curb and gutter section recently replaced on Century Avenue did not retain its proper alignment and grade and will have to be replaced. The Greencastle management was informed the correction should be done this construction season. The Council was informed that TKDA will be presenting the costs study for County Ditch 18 to the County Board on September 30. Today Engineer Priebe received a layout from MN /DOT for the Hwy. 15 South improvement project, with a July 1987 letting. The layout wi11 require Council approval. It was the consensus of the Council to in- vite the affected property owners to a public hearing with a MN /DOT representative present at the meeting. Alderman Torgerson moved to set a public hearing for October 28, 1986 at 8:00 P.M. Motion seconded by Alderman Carls and unanimously carried. CITY COUNCIL MINUTES - SEPTEMBER 23, 1986 L] 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:00 P.M. L] Z 0 0 .A MINUTES BID OPENING TUESDAY, SEPTEMBER 23, 1986 The bid opening was called to order by City Administrator Plotz at 2:00 P.M. Present were: City Administrator Gary D. Plotz and Administrative Secretary Marilyn Swanson. The reading of Publication No. 3615, Advertisement for Bids, Letting No. 15, Project No. 86 -15, was dispensed with, and the following bids were opened: Wm. Mueller 8 Sons, Inc. Hamburg, MN $24,076.78 Atkinson Blacktop Litchfield, MN 28,726.00 The bids were referred to City staff for review and a recommendation to the City Council. There being no further business, the meeting adjourned at 2:02 P.M. 1 10 0 CIrnncanc mie nn. OSOteoaf� Aewrrm E.+u,.. D.e.nee, lfai C.404 Period in whi cfi a permits issued 1 9 PLEASE MAIL ON OR BEFORE THE 4TH DAY OF THE MONTH U.S. AAV^[:rnE I or coanance wfwe m w t fry enws m e m w foams; REPORT OF BUILDING OR ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 103500 27 B 9999 085 1 0 26 9999 02730 CENSUS USE ONLY NONEA PITTNAN BLDG OFF CITY HALL 37 WASHINGTON AVE NEST HUTCHINSON NN 55350 Nof she geographic coverage of this Permit SysMn changed during this period? [:] No 0 Yes — Enploin in comments If " P.Its now timed during shit 1201 E a{ Me Tenth w• AIL COPY TOS 1201 East Teash Sheet JeHenonvillit Ind.47132 lease readorm. sm furthe before completing (onn. Fm further help, call collect 001) 763 -7244. prerod, eater fry in baI aed re1Ym MM ❑ Section I - NEW RESIDENTIAL HOUSE- I PRIVATELY OWNED PUBLICLY OWNED KEEPING BUILDINGS AND Iwo Nlm6m Vfhetifn el Xunher Valuation of MOBILE HOMES X0- M&.tinl ion`n�.j IMlnes xoacibne Buiwi xmawg �cl �i{a (al lbl ldl lal lei One - hmily horses, detached 101 3 3 189.576 One - family houses attached, each unit separated from sdloining unit(s) by a wall that expends from ground to roof 102 Two - family buildings 103 Three - and four - family buildings 104 Five -or -more family buildings 105 TOTAL (Sum of I01-105) 109 3 1 3 1 189,576 Mobile home 112 0 4 Seesien II —NEW RESIDENTIAL NON. PARM PRIVATELY OWED PUBLICLY OWNED HOUSEKEEPING I Number Valuation Nmhbm valurtion of ang Rooms ulleinga Rama BUILDINGS camwctim lamr cent,) amsaactim IDmit cenwl (a) Ibi icl (d) (el UI IgI Hotels, motels, and tourist cabins intended for transient accommodations 213 Other nonhousakeeping shelter 214 Section III — NEW NONRESIDENTIAL PRIVATELY OWED PUBLICLY ARM OWED BUILDINGS IMO XurFier Valn"Im of Number Valuanm of i(WFga mama BuIIeI auamg canaaaclion cmMwmim Is) Ibl mite Icl fOmr'tcmrsl (d) lei mits ID fOPn Canis) lD Amusement and recreational buildings 318 Churches and other religious buildings 319 Industrial buildings 320 Parkin ar es (open to general public) 321 Sem Ce stations and repair garages 2 h itals and other institutional buildings 23 ice, bank, and professional buildings 324 Public works and utilities buildings 325 Schools and other educational buildings 326 1 1-541,00 Stores and other mercantile buildings 327 Other nonresidential buildings 328 1 685 Structures other than buildings Section IV — ADDITIONS AND ALTERATIONS e An increase in the number of housing ', .. units (in the housing units column, a w enter only the number of additional units) 4331 1 'S $,aS No change in the number of a housing units 431 2 A decrease in the number of housing o m units (in the housing units column, w S enter only the number of decreased - re w I units) 435 Residential garages and carports - (attached and detached) 436 Q — ) °" All other buildings and structures 437 ?_ 2- Moving PLEASE CWynes- ,,....- .....___- l 2 —Sign 60 Peewits — $2,008,150.00 Total Valuation Section; V - CONVERSIONS PRIVATELY ON" POK6LT *"go a°"i0w Valuation a NU"K va non of has Na. Ydeln 'W," mw NmNra illingf .,is omstrAhm lowl .1.) <maar.lion fpuepnNf la) Ib) (c) (d) Irl (1) Ig) Nonresidential and nonhousdkeeping buildings to housekeeping buildings 510 Housekeeping buildings to nonresidential and no housekin ing buildings 511 Section VI - DEMOLITIONS AND RAZING OF BUILDINGS One-falaily buildings attached - .. and detached 665 Two-family buildings 616 - >.�• = Three- and four -fwiiy buildings 64? Fiva -m -more family buildings 641 All other buildings and structures 649 - Section VU. - ADDITIONAL INFORMATION FOR INDIVIDUAL PERMITS OF $500,000 OR MORE Please provide in the apace below, additional information for each individual pannit valued at 3500.000 or more entered in sections I through V. an has Description Nano and address of o ow3ha Ilse 0) Va�atNa a emsYn.tlm Nslsn or ASMIxg Nu tiff of I-V t -V emwa Wildn owe Naar mnN) Mlle Wilding$ (a (a IN Ia ta` Irl Igl ba at building Ind. School Dist. #123 Elementary central District Afiices -_ ❑Prlrae -�1. rPa�y 30 Olen ��n _St._No._ ____ (�PWic 326 875 School Road So. Hutchinson, MN 55350 $3,563,0 1 Nina a Wilding .. _______________________ �hivae ____________________ Sin addren _______________________ ❑PMlic Kin dl of Wilding _______________________ ❑Pr1YiN SlN tldtma _______________________ ❑Milt Kind or building _______________________ ❑PtlYaN ____________________ SlbadNaas _______________________ E] public Hind a Wilding _______ _____ 0Private Nile a Wilding _______________________ ❑Private Sit; adtress _______________________ [3 Public Ilea Wilding _______________________ ❑Pfiv ____________________ SlN addreaa _______________________ ❑PIIbIIC Vila a bdldlug _________ VPmas ____________________ Sae mesas _______________________CPUbIi< Nita or Wilding - L, hlYSee SIN aOeas _______________________ L"PMIi< coven [w NNN of seem N Contact lwoing W$ remit T (loser Pittasn Am code 612 NlaeWr - 587 -5151 Eaansim 210 Title Building official row — —I -- 0. s MINUTES AIRPORT COMMISSION Monday, September 15, 1986 Members present: Chairman Doug McGraw, John Miller, Randy Buboltz and Councilman Pat Mikulecky Members absent: Don Pankake and Ed Connelly Invited guest: Jim Weckman The meeting was called to order by Chairman Doug McGraw at 7:00 p.m. and the following business matters were discussed: Considerable discussion followed regarding the applications received for the manager /mechanic position. (List attached) After reviewing a prior job description and changing the wording slightly, Ralph Neumann was directed to mail this job description along with a letter commenting that a certain amount of negotiation may be necessary to satisfy the applicants. A motion was made and unanimously passed that the City not try to enter into the ASCS set aside farm land program. A motion was made and unanimously passed not to install radio controlled runway lights as not being cost effective. A motion was made and unanimously passed to set a gas fuel mark -up policy of taking the cost of fuel plus freight, adding a 15% mark -up, plus aviation fuel tax, plus $.05 per gallon. This formula will be for both 80 and 100 octane fuel. Ralph Neumann was instructed to send a letter to Clayton Peterson, Leo Lamecker and John Miller informing them they have 90 days to replace their aircraft or they will loose their hangar space. The City policy on allocating hangar space was reviewed and approved. Residents living within the city limits have priority in obtaining space, all others will be on a waiting list with the individual at the top of the list being first to acquire hangar space. No fee will be changed for open air tie -down space. Ralph Neumann mentioned his conversation with Gary Plotz regarding any personal liability which Commission members may occur because of their association with the airport. They were assured that according to Gary Plotz they were covered under the City's insurance policy. Neumann commented that skirting around the CAP trailer should be installed shortly, also their electric meter charges will go directly to the CAP. The Commission was brought up to date on the purchase of a new unicorn radio in conjuntion with state funds. Jim Weckman commented that a friend of his is willing to build a hangar on airport land if an agreement can be worked out. Doug McGraw will appear at the September 23rd, 1986 City Council meeting making a presentation for the "consideration of leasing airport land for private construction of hangars." APPLICANTS FOR MANAGER /MECHANIC POSITION: Gary T. Rich Phillip Chaffee 6524 E. Brink Rd. 2019 Big Lake Rd. Welch, MN 55089 Cloquet, MN 55720 Steve Anderson Ronald Lind 639 E. 2nd St. HAVTI Litchfield, MN 55355 Huthcinson, MN 55350 Wiley Hautala Tom Mangin 725 W. Lockhard 1416 10th Ave. N.E. Ely, MN 55731 #1 Jamestown, NO 58401 James Verry Douglas Lorentz P.O. Box 142 616 Hwy 71 No. Spearfish, S.D. 57783 Willmar, MN 56201 Lyle Pittman Roger Lowe 10000 Nicolett So. #217 7501 101st St. Bloomington, MN 55420 Bloomington, MN 55438 Rick Paulsen Lloyd Horton 960 Goebel Cr. 13321 Green Leaf Court Hutchinson, MN 55350 Apple Valley, MN 55124 Ray Morris Gayle Vail 13000 Harriet Ave. So. #314 4454 Cinnamon Ridge Cr. Burnsville, MN 55337 Eagan, MN 55122 Submitted by: Ralph Neumann 04 2 0 9 Ll (612) 587.5151 CITY OF HUTCHINSON %WASHIN N.AVENUEWEST VQ4'Pl v MINN 55350 V 15 It •�1p i1 ��4 Q ittop ¢t� 410 M E M O R A N D U M DATE: September 16, 1986 T TO: Gary D. Plotz, City Administrator - - - - -- ------ - - - - -- FROM: Marilyn Swanson, Administrative Secretary SUBJECT: Current Minutes of Police Commission And Police Department Dean O'Borsky was very cooperative in giving them to me. Attachment cc: Mayor 6 City Council Dr. W. G. Miskoff 0 Attached are the only minutes that the Police Department has on joint meetings between the Police Commission and Police Department. Dean O'Borsky was very cooperative in giving them to me. Attachment cc: Mayor 6 City Council Dr. W. G. Miskoff 0 July 91 1985 Noon Presents is Gregor D. O'Borsky J. Dansereau R. Prochnow We G. Miskoff AGENDA s 1. Progress report on Police Building project. 2. To meet all patrolman next meeting. 3- Discussion with police chief as to problems with council. 4. Discussed Civil Service Commission bsginning9 19280 from old records. 5- General problems in police Dept - not -perso nele Meeting adjourned 12450 P-M- N. G. Miskoff Secretary of Hutchinson Police Commission 0 August 26, 1985 0 40 Noon Presents J. Gregor D. O'Borsky R. Prochnow W. G. ASiskof£ AGIIIDAs 1. Meet all police officers that were off duty. 2. Discussed new police building. Will be prefaced further when plans are let by architec$s. 3. Continued discussion that Hutchinson Civil Service Commission was formed in 1928. 4. General scanning and discussion of new Civil Service rules. 5. Proposal by Chief of police to have Police Commission to be more assertive toward the council. 6. All Hutchinson Police Commission notes to be stored at Police station. 7. Suggest Police Commission meetings be held approximately once a month at noon or until the new police building is under way. 8. Meeting adjourned 12:55 P.M. W. G. Miskoff Secretary of Hutchinson Police Commission POLICE COMMISSION MEETING MINUTES April 25, 1986 The Police Commissioners met at 12:00 noon on April 25, 1986 in the City Hall Council Chambers. Present at the meeting was William Miskoff, Bob Prochnow, Dean O'Borsky, Chuck Jones, Bob Ringstrom and Nancy Buss. Chief O'Borsky submitted the resignation of Dispatcher Mary Laxen to the Commissioners which they accepted. Chief O'Borsky advised them that we would begin advertising immediately for the position. Chief O'Borsky also submitted a request from Community Service Officer Roger Bakken for a 10 week leave of absence to attend Skills School. The Commissioners voted unanimously to grant the leave. There was a brief discussion regarding employee benefits. The meeting was adjourned at 12.45 p.m. so BURNS MANOR MUNICIPAL NURSING HOME Minutes - August - 1986 The Board of Directors for Burns Manor Municipal Nursing Home met Thursday August 21, 1986 at Burns Manor lower level meeting area, 5:30 p.m., President Larry Graf presiding. Members present: Larry Graf Gloria Dansereau Jim Mills John Mlinar Marge Putney David Jensen Mavis Geier Ancher Nelsen Members absent: Esther Kuehl Guests Present: Les Linder, Eldred Miller MINUTES OF PAST MEETING: A motion was made by Gloria Dansereau and seconded by John M1inai, to approve the minutes. All in favor. Motion carried. ACCOUNTS PAYABLE: A motion was made by Jim Mills and seconded by John Mlinar to approve for payment the attached listing of accounts in the amount of $36,835.17. All in favor. Motion carried. A motion was made by Gloria Dansereau and seconded by Jim Mills to approve $202.50 for a seminar for physical therapist e aids and Directors of Nursing services. All in favor. Motion carried. FINANCIAL REPORT: Financial report was given by David Jensen. The Board thanked David for the excellent report. $48,000.00 has been reinvested for the Memorial Fund. OLD BUSINESS: A. Law Suit: Depositions of Burns Manor personnel were taken July 21 and July 23, 1986. B. PHP Employee Health Insurance: All eligible employees must enroll by 08 -08 -1986 or wait until the next open enrollment date (August 1987). Twenty eight full time employees are enroll- ed. Burns Manors share is $964.60. C. Heigeson Development Company: Housing Development Association of Hutchinson was contacted to ascertain their interest in conducting a housing survey. At the HDA meeting August 20,1986 the board stated that they are not interested in conducting a survey. The Burns Manor Housing development will be discussed at the Housing Development meeting September 17, 1986. August Minutes Page 2 OLD BUSINESS CONTINUED: D. Moratorium Task Force: The Minnesota Nursing Home Moratorium Task Force will include an analysis of financing options for nursing home remodeling. E. Autopsies: Thomas Kleinkauf, M.D. was invited to the board meeting to state why he desires autopsies of Burns Manor residents and what criteria would apply in the selection of the autopsy to be performed. Dr. Kleinkauf was not present at the board meeting. Discussion followed. A motion was made by Gloria Dansereau and seconded by John Mlinar to reaffirm the position of Burns Manor "Burns Manor will not be responsible for the cost of autopsies ". All in favor. Motion carried. E. Air Conditioning: Proposal from Allied Mechanical Systems of Hutchinson and Myron Rick Plumbing & Heating were received. Proposals were not received from Rutz nor Sharstrom Plumbing. A motion had been made at a previous meeting to accept the lowest price for comparable models. Myron Rick Plumbing and Heating proposal was the lowest. F. Continuin§ Care Retirement Community: Market studies and in -depth market analysis are imperative since the current market is surprisingly limited. Only about 6.2 million of the elderly have sufficent annual income (at least $20,000.00) to meet monthly fees. (Hospitals, August 5, 1986 Issue.) NEW BUSINESS: A. Recognition plaques were presented to Les finder and Eldred Miller by Larry Graf, President. Keith Duehn was unable to attend, his plaque was mailed to him. The board thanked the former members for their years of service. B. Tax Levy: Motion by Gloria Dansereau and seconded by Jim Mills that the City Council be advised that Burns Manor is not in need of a tax levy for the 1987. All in favor. Motion caarried. C. Quality Assurance: State of Minnesota, Quality Assur- ance Team visited Burns Manor August 2i -. 26, 1986. D. Non- Nursing Duties: The State of Minnesota, Department of Health is proposing emergency rules for staffing which was published in the August 11, 1986 State Register. For this pur- pose hours of nursing personnel means productive nursing hours. August Minutes Page 3 NEW BUSINESS CONTINUED: Two employees have been hired for non - nursing duties. E. Vulcan Stove: Motion was made by Gloria Dansereau and seconded by Jim Mills to purchase a low energy all stain- less steel efficiency range for $1,672.00, no freight or delivery charge, from St. Cloud Restaurant Supply. All in favor. Motion carried F. Goals & Objectives: Activity Program has met the needs of each resident; to provide a home with recreational, intellectual, physical, and religious funtions. Maintenance: Objectives: Replace dishwasher: Done. Replace Milnor washer: Done. Install sound deading doors on entrances of East & Annex sunporch. Will do when time allows. Install fire extinquisher signs in corridors: Done. Install new stainless steel counter top in kitchen. Remodeling project. Install corner protectors in all corridors leading into resident rooms. Project started. Prevent basement walls from further deterioration. Have put in sump pumps. No tile was installed around the building during construction. Satisfy the power factor in facility. Want to achieve goal at 98 %, at present have achieved 95% (Daily 24 hour meter for power factor has not been received from Hutchinson Utilities) G. Patient Satisfaction Forms: Forms were available, two people responding to the form stated that they received to much food. One would like more privacy (private room). H. P.A.C.: Minnesoat Association of Homes for the Aging has requested a contribution to the PAC fund, $130.00. PAC funds are distributed to members of the legislature that are favorable to health care. Disussion followed. No monies will be contributed to PAC. There being no further business President tarry Graf adjourned the meeting. The Burns Manor Board of Directors will meet Thursday September 25, 1986, in the Annex Sunporch. August Minutes Page A Respectfully submitted: 7 Mavis J. Gei3Or, Secretary ATTEST: Larry Graf, President u MINUTES PARK & RECREATION BOARD SEPTEMBER 3, 1986 MEMBERS PRESENT: Roy Johnsen, Lyle Block, Roger Raggenmiller, Barry Anderson MEMBERS ABSENT: Betsy Connelly, Pat Mikulecky GUESTS PRESENT: Ken Merrill, Don Shaffer, Ted Larsen, Chuck Holmsten The meeting was called to order by chairman Lyle Block at 5:36 PM. LIONS CLUB HALLOWEEN PARTY Ted Larsen, Lions Club Halloween Party chairperson, appeared in front of the board to request that the Recreation Center be this years site for the annual Halloween Party. The party is to take place on Friday, October 31st from 6:00- 9:00 PM. However they would require the use of the building for the entire day. All set -up and take -down will be performed by Lion's Members he said. Since this is a community function, the Lion's.Club has requested that all rents be waived for the building. Roy Johnsen motioned that we waive the rent but charge a clean -up fee of $80 to $100. Roger Haggenmiller seconded the motion, the board unanimously agreed and the motion was carried. Regarding refreshments, the board agreed that they will be allowed in the gym for that night but suggested that the Club waive the Mini - Donuts for the evening. HOLMSTEN ICE RINKS Chuck Holmsten of Holmsten Ice Rinks appeared in front of the board to explain the existing problem with the floor caused by excessive frost. The floor has heaved and cracked and needs to be repaired or replaced. After reviewing the facility as well as the refrigeration system, Holmsten feels that there are two basic options available for the renovation of the Civic Arena. The first option would be to remove and replace the cracked portion of the ice rink floor. This section is approximately 25' x 200'. He also would recommend that insulation be placed underneath the brine mains as well as on the rink's side wall to prevent frost from damaging the new concrete slab. This could all be done for approximately $44,600. The entire process would take about 4 - 6 weeks. The second option would be to remove the existing refrigeration system, and all concrete in the rink area,.and replace the entire refrigeration system with a 46 new 68 ton Holmsten Direct Liquid Refrigeration system. 4,)(,j- This system would include a refrigeration package, matching evaporative condenser, all refrigeration piping, insulation, vapor barrier, rebar, mesh, expansion joint, and a new 5' concrete floor. Budget price for this new refrigeration system would be $233,000. Installation of this complete system would cost approximately $50,000. Volunteer labor could substantially reduce this figure. In addition, if the existing sub soil heat system is not operational, we could install a complete sub soil heat system for approximately $20,000. This whole process could be completed in 8 - 12 weeks. Holmsten also said that option 1 would be an adequate way to fix the existing system. However, they have no way of guaranteeing that this repair would correct the problem. There is a third option. Hoimsten has a reconditioned 135 ton unit being stored in their warehouse. A unit of this size would provide year -round ice. The price on this three year old unit would be dropped $15,000 and double the size of the existing system. YOUTH BDCKKY Youth Hockey President, Don Shaffer is requesting a new, larger warming house to be located at the skating rink on the west side of the arena. Also they are requesting a rubber runway from the warming house to the rink. They feel that the youth hockey program has grown so such and they will be continuing to make use of this outdoor rink. Don also mentioned that in the future they would like to have a small office inside the arena. BUBOBT CONSIDERATIONS Hen Merrill presented the 1987 proposed budget. The board recommended that the council appoint a committee to study the problems with the current ice- making system at the arena and make recommendations for future improvements. The other consideration not included in the budget is a bikeway on Roberts Road leading to Roberts Park. RELOCATION OF AFS MEMORIAL TREE GROVE The board discussed the problem with the trees dyng in the AFS Memorial Tree Grove and approved their request for the relocation of the grove. Barry motioned to approve the relocation of the AFS Memorial Tree Grove. Roy seconded the motion and the board unanimously agreed. The grove will be located at Bridge Park Bast just south of Happy Chef. BID FOR NATIONAL TOURNAMENT 0 The board agreed that we should bid on the 1987 & 1988 Women's Modified National Tournament. 9 Members Present: Members Absent: MINUTES TREE BOARD September 3, 1986 Recreation Center Roy Johnsen, Murray Swenson, Jerry Brown, Mark Schnobrich Pat Mikulecky, Don Schumacher DUTCH ELM DISEASE UPDATE: Schnobrich reported that as of date, 106 trees were tagged for removal. Eighty -five of which were diseased elm, 21 were other species. This is the best year ever since the program of organized control was begun in 1978. FLOWER BEDS: The flower beds were not their normal size or beauty this year. Repair was made to the Firemens Park pond. A new inlet with fresh water and a surface drain was installed. This will help to keep the water in the pond clear. WEED ORDINANCE: A memo to the Park Board, Tree Board, and City Council was written and submitted by Schnobrich regarding three areas; inspection by complaint only, agricultural designation and also state and county right -of -ways. These areas are not specifically mentioned in the existing ordinance and probably should be. LIBRARY SQUARE MASTER PLAN: Due to personnel and time constraints, no progress was made on the Master Plan this summer. Two elms were removed from the park due to DED this year. Murray Swenson reminded the board that adequate space should be provided for the Arts and Crafts Show in the park when planning the over all design. FORESTRY REVENUE: Firewood permits: $434.00 Wee Sales: 566.00 Injection: 90.00 (accounts receivable) The board would like to make a request to the council funds generated by forestry activities be utilized to more tree purchases. This policy was abandoned a few that all generate years ago. MINUTES Tree Board September 3, 1986 Page 2 NEW SITE FOR THE AFS TREE GROVE: The AFS Tree Grove, currently located at the extreme northeast corner of Roberts Park, is not ideally suited for a diverse tree planting area. By request of Jay Beytien and Carol Haukos, a new site was proposed. The location would be directly behind Happpy Chef Resturant and due east of School Road on the north banks of rho Crow River. This section of park land would be designated as LhC new AFS Cruve Site. it provides adequate space for continued plantings, and would be easily recognizable from School Road as a special planting area. 1987 TREE ORDER: Pending approval of 1986 Forestry revenue funds. Ll E MINUTES HUTCHINSON CHARTER COMMISSION Wednesday, September 24, 1986 1. CALL TO ORDER Chairman Chuck Carlson called the meeting to order at 7:35 p.m the following members present: Harold Juul, Dale McLain, Phil Jeff Haag, Delores Saar, June Wick, Dick Popp, Walt Clay and Chairman Carlson. Members Absent: Kay Peterson, Tom Dolder and Jean Peterson. Also present: Mayor Paul Ackland and City Administrator Gary Plotz. 2. MINUTES Phil Graves made a motion to accept the minutes dated Wednesday, September 3, 1986 as written. Seconded by Walt Clay, the motion car- ried unanimously. 3. PRESENTATIONS BY CITY ADMINISTRATOR PLOTZ AND MAYOR ACKLAND Chairman Carlson explained that City Adminstrator Gary P1otz was at the meeting to show a film on city manager form of government put out by the International League of Cities. Discussion followed on the under - standing of the position of City Manager as to the hiring and firing of city directors. Mayor Ackland attended to express his views on several items: He stated that the City Councl is ready to address the position of Administrator versus Manager form of government, and whether the Commission would be completed with their reviewal of the Charter in the near future. Chairman Carlson commented they may be finished by early Spring but no time -line is being followed. Mayor Ackland suggested that the Charter Commission meet again with the City Council to gain a clearer understanding of the City Manager position and the changes it brings about. He also suggested that the Commission meet with the Mayor of a city now implementing this type of system. Phil Graves also suggested the possibility of hiring someone to conduct a training session on the manager position as it might relate to the City of Hutchinson. Walt Clay felt it would be beneficial to show the film on the Council Manager - Plan to the City Council to help explain the system. The Mayor also stated his views concerning a larger Utility Commission with a council member serving on the Commission. is in favor of commission members serving in terms as opposed to the present system and he also agrees that they should be a policy making board not managerial. r 1 He Q l� Discussion followed with agreement as to the Mayor's comments concerning the Utility Commission. There was some discussion of the Mayoral appointed positions to commissions. Mr. Plotz explained the commission form of government in Virginia, MN and the idea of having a council member on each as laison between the commission and council. Chairman Carlson suggested the possibility of having the Hospital and Burns Manor boards included in the charter not only the Utilities. Discussion followed. Mayor Ackland addressed his statement as printed in the HUTCHINSON LEADER on the matter of dissolving the Police Commission. 4. DISCUSSION OF CHAPTER 7 It was the consensus of the members present to use Chapter 7 of the Model Charter with the legal approval of City Attorney Jim Schaefer to omit Section 7.04 in the Present Charter and one line of Section 7.04 in the Model Charter. Chapter VII Taxation and Finances Section 7.01. COUNCIL TO CONTROL FINANCES. The council shall have full authority over the financial affairs of the city; end. It shall provide for the collection of all revenues and other assets, settlement of accounts, and the safe - keeping and disbursement of public monies.; and 4" the exere4se of a sound d45eret4en sh&44 make appropria0ans for the payment of a ?4 44ab444t4es and expenses. It ihe44 be the duty of the 64ty Bounei} to eause an audit of the e4ty's beaks to be made at the end of the fiseei year; 04eh said aud4t shah be made by a eert4f4ed pub44e aeeenntent and wh4eh aud4t she44 show the eandil4an of the e4ty4s f4nane4a4 affa4rs and eamprehend stieh #+,ems and 4nfermet4en as are usua44y One }tided 4n on aud4ft a condensed report of wh4eh said aud4t as prepared buy the eert4f4ed pubiie aff4e4a4 newspaper of sa4d e4ty within three (3i months after the end of the fisea} year. Section 7.02. FISCAL YEAR. The fiscal year of the city shall be Apr44 i through March 34 the calendar year. Section 7.03. SYSTEM OF TAXATION. Subject to the state constitution, and except as forbidden by it or by state +egis4at4on law, the council shall have full power to provide by ordinance for a_system of local taxation. in the taxat4en of rea4 and persenai property as such-,the e4ty sha +i conform as f0iy as pessibie to the general state iew as to the assessment of sueh property 0 and the eo44eet4on of such taxes.. This authority in- cludes the power by ordinance to assess, levy, and collect taxes on all subjects or objects of taxation except as limited or prohibited by the state constitu- tion, by this charter or by laws imposing restrictions upon the city irrespective of charter provisions. Section 7.04. BOARD OF EQUALHATf8N: The eounei4 sha44 eenstitute a beard of equa44sat4on to equa44se assessment of property for taxtion purposes aceerding to 4aw: SUBMISSION OF BUDGET. Annually the city manger administrator shall submit to the council his recommendeT&Tget in accordance with a budget calendar to be established by ordinance or, in the absence or ordinance, by September 1. The budget shall provide a complete financial plan for all city funds and activities for the ensuing fiscal year and, except as required by law or charter, shall be in such form as themanager administrator deems desirable or the council may require,. ts a 7nclude a summary and show in detail all estimated income and all proposed expenditures, including debt service and comparative figures for the current fiscal year, actual and esti- mated, and the preceding fiscal year. In addition to showing proposed expenditures for current operations, it shall show proposed capital expenditures to be made during the year and the proposed method of financing each such capital expenditure. For each u044ty oper- ated by the eity; the budget 004 show antieipated net surp4tls or deficit and the proposed method of its dispe- sitien; and subs4d4ary budgets for each such uti44ty g#ving ineeme and expenditure infermation sha44 be in- e4uded or attached as appendices: The total proposed operating budget to be provided from the property tax shall not exceed the amounts authorized by law and this charter. Consistent with these provisions, the budget shall contain such information and be in the form pre- scribed by ordinance and by law. Section 7.05. PREPARAHON OF 411E ANNUAL BUDGET The mayor sha44 direct the preparation of estimates for the annue4 budget: The budget sha44 be by funds and sha44 4ne4ude a44 the funds of the e4ty; except the funds made up of proceeds of bend issues; ut444ty funds; and spee- 4a4 assessment fonds; and may 4ne4ude any of such funds at the disesretien of the eeune44: The estimates of expenditures for each fund budgeted sha44 be arranged for each department or divisien of the eity under the fe44ew4ng heads- E4i ordinary expenses fifer operation; maintenanee -, and repa4rs3 f24 payment of pr4ne4pa4 and interest on bends and ether fixed charges; 04 eap4ta4 eut4ays ffor new eenstruetien; new equipment; and a44 . improvements of a 4asting character -) 3 Ordinary expenses shell be sub- divided into- fa4 salaries and wages, with a 44st of a44 sa4ar4ed eff4ees and pe940ensT 4neud4n9 the sa4ary a44ewanee and the numnber of persons heading each, 04 ether expenses; with suffie4ent deta44 to be read44y understood: A44 4nereases and decreases sha44 be elearly shown. in para44e4 ee4umns shai-1 be added the ametonts granted and the amounts expended under s4m44ar heads for the pest two eemp4eted fisea+ years and the current fiseal year, aetua4 to date and est4meted for the balanee of the year. in add4t4en to the estimates of expend4turesT the budget shah 4ne4tode for each budgeted fund a statement of the revenues which have accrued far the pest two eemp4eted f4sce4 years with the amount ee44eeted and the unee4leeted be4onees together with the same infermatianT based 4n se far as necessary en estimates; for the current f4see} year; and an estimate of the revenues for the ensuing f4see4 year. The statement of revenues for each year sha44 spee4fy the fe44ewing itemst atoms de- roved from fa+ taxat4enT Eb4 fees; fe4 fines- fd} 4nterest-. Ee4 m4see*4&neousT net 4ne4tod4ng the fere- geing ff} sales and renta4s; fgi earnings of pub44e uti4it4es and ether pub44e serv4ee enterpr4sesT fh; speefal assessments and W sales of bonds and ether 044gatiens -. Such estimates shad be printed or type wr4tten and there she-14 be suff4e4ent'cep4es for each member of the eeune44, for the mayerT for the e4ty e4erk, and three -, at -least; to be posted 4n ptob44e p4aees in the eity: The estimates shah be submitted to the coune44 at its first regular menth4y meeting in September and shad be made pub44e -. The mayer may stobm4t with the estimates such explanatery statement or statements as he may deem neeessaryT and during the first three years of eperat4en under this eherter he shell be auther4xed to interpret the requirments of this seet4en as re4e4r4ng only such eempar4sens of the e4ty's finanees w4th these of the previetos government of the eity as may be feas4b +e and pertinent: CAPITAL IMPROVEMENT PROGRAM. The manager administrator shall prepare and submit to the council a recommended five - year capital improvement program no later than June 1 each year. The capital improvement program shall include a list of all capital improvements proposed to be under- taken during the next five fiscal years, with approp- riate supporting information as to the necessity for such improvements; cost estimates, method of financing and recommended time schedules for each such improve- ment; and the estimated annual cost of operating and maintaining the facilities to be constructed or ac- quired. This information shall be revised and extended each year for capital improvements still pending or in process. The eeune44 sha44 held a pub44e hearing an the eap4ta4 improvement program and adept 4t with er w4theut • amendment no 4ater than August 15: Section 7.07. ENFORCEMENT OF THE BUDGET. it sha++ . be the duty of the eity eeunei+ to enforce str4et4y the previsions of the budgets They she++ net approve any Section 7.06. PASSAGE OF THE 8086ET: .The budget shed be the prineipa+ Item of business at the first regu +ar meeting of the eeunei4 in September and the eeune44 shah held adjourned meetings from time to time unt44 e++ the estimates have been eensidered. The meet- ings sha++ be so conducted as to give interested eiti- tens a reaseneb4e eppertunity to be heard-. The budget estimates she++ be read in fu++ and the mayor 0a44 exp+ain the various items thereof as fu+ +y as may be deemed necessary by the eeunei +: The ennue4 budget fine+ +y agreed upon she++ set forth in deter the eem- p+ete finanefe+ p +an of the eity for the ensuing fisea+ year for the funds budgeted and shed be signed by the majority of the eeune44 when adopted. it sha ++ indieate the suns to be raised and from what sources and the sums to be spent and for what purposes eeeording to seetien *.e&. The tete4 sum apprepriated sha ++ be +ess than the teta4 estimated revenue by a safe margin: The eeunei+ she++ adept the budget net 4ater then the first week of October by a rese4et4on whieh sha++ set forth the tots+ for each budgeted fund and each department with such segregatien as to objects and purposes of expenditures as the eeunei+ deems necessary within statutory +units for the ensuing year for each fund: The tax +evy rese4- ut4on sha++ be eertified to the county auditer in aeeo- rdenee with +ew net +eter than ecteber 46: At the beginning of the fisee+ year; the sums fixed in the budget reso4ut4on she++ be and become apprepriated for the severs+ purposes named in the budget rese4ut4en and tie ether. COUNCIL ACTION ON BUDGET. The budget shall be considered at the first regular monthly meeting of the council in September and at subsequent meetings until a budget is adopted for the ensuing year. The meetings shall be so conducted as to give interested citizens a reasonable opportunity to be heard. The council may revise the proposed budget but no amendment to the budget shall increase the authorized expenditures to an amount greater than the estimated income. The council shall adopt the budget not later than the first week of October by a resolution which shall set forth the total for each budgeted fund and each department with such segregation as to objects and purposes of expenditures as the council deems necessary for purposes of budget control. The council shall also adopt a resolution levying the amount of taxes provided in the budgetand the e+erk administrator shall certify the tax resolution to the county aau i o in accordance with law not later than October 10. Adoption of the budget resolution shall constitute appropriations at the begin - ning of the fiscal year of the sums fixed in the resolu- tion for the several purposes named. Section 7.07. ENFORCEMENT OF THE BUDGET. it sha++ . be the duty of the eity eeunei+ to enforce str4et4y the previsions of the budgets They she++ net approve any order upon the eity e}erk for any expenditure unless an apprepriatien has been made in the budget resolution, nor for any expenditure covered by the budget reselutien unless there is a sufficient unexpended balance left after deducting the total past expenditures and the sum of nil outstanding orders and ineumbrenees. The city manager administrator shall enforce strictly the pro- visions of e budget. He shall not authorize any payment or the incurring of any obligation by the city unless an appropriation has been made in the budget resolution and there is a sufficient unexpended balance left after deducting the total past expenditures and encumbrances against the appropriation. No officer or employee of the city shall place any order or make any purchase except for a purpose and to the amount authorized in the budget resolution. Any obligation incurred by any person in the employ of the city for any purpose not authorized in the budget resolution or for any amount in exess of the amount therein authorized shall be a personal obligation upon the person incurring the expenditure obligation. No check shall be issued or transfer made to any account other than one owned by the city until the claim to which it relates has been sup- ported by an itemized bill, payroll, or time -sheet or other document approved and signed by the responsible city officer who vouches for its correctness and reasonableness. Section 7.08. ALTERATIONS IN THE BUDGET. After the budget resolution has been adopted, the council shal l have n-o power to not increase the amounts fixed in the budget resolution, by the insertion of new items or otherwise, beyond the estimated revenues; unless the aetual receipts exceed the estimates and then net beyond the aetuai receipts except to the extent that actual receipts exceed the estimate. The budget may further be altered to provide far eapital expenditures finaneed by band andfer non tax saurees: The eceneil may at any time, by reselution approved by a majority of its mem- bers; reduce the sums appropriated for any purpose by the budget resolutien, or by a vete of majority of its members; autherize the transfer of sums from uneneum- tiered balanees of appropriations in the budget reselutien to other purposes. At any the council may, by resolution approved by a majority of its mem- bers, reduce the sums appropriated for any purpose by the budget resolution or authorize the transfer of sums from unencumbered balances of appropriations in the budget resolution to other purposes. Section 7.09. EMERSEN8g APPRBPRIATM 4N 8HB6ET The eouneil may inelude an emergency appropriation as a part of the budget but not to exceed 3915 of the tetai budget: A transfer from the emergency appropriation to • any ether appropriation sham be used only for the 0 0 purposes designated by the eeune447 Section fvle -j EMERGENCY DEBT CERTIFICATES. If in any year the re- ceipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the city, `or'if any calamity or other public emergency necessitates the making of extraordinary expenditures, the council may by ordinance issue on such terms and in such manner as the council determines emergency debt certificates to run not to exceed three years. A tax sufficient to pay principal and interest on such certificates with the margin required by law shall be levied as required by law. The ordinance authorizing an issue of such emergency debt certificate shall state the nature of the emergency and be approved by at least five four members of the council. It may be passed as an emergency ordinance. Section 7.10. BfSBURSEMENTST NON MABE: No disbursements of city funds shell be made except such payment be auther4zed by vote of moer4ty of all members of the e4ty eeune44 and be made by check signed by the mayor and elerk; except as otherwise provided herein er by erd4nanee -, and speeffy4ng the purposes far whfeh the disbursement is made and the fund from which it 4s drawn: He sueh Cheek sha44 be issued until there 4s money to pay it together with all outstanding encumbrances open the fund. No such cheek shall be issued until the c4a4m to which it relates has been supported by an itemized bill; payroll; or tome -sheet approved and signed by the respens4b4e city officer who vouches for its correctness and reasonableness -. The clerk shall note an each contract requiring the payment of money by the city the part4eu4ar fund out of wh4eh 4t is to be paid. The eeune4l may by erd4nance make fur- ther regu4at4ens for the safe- keep4ng and disbursement of the funds of the e4ty. Section 7-.89-. FUNDS. There shall be maintained in the city treasury a general fund and such other funds as may be required by statute, ordinance, or resolution. The council may, by ordinance or resolution, make inter -fund loans, except from trust and agency funds, as it may deem necessary and appropriate. Seet4en 7Ttlm fUNBS f8 BE KEPfT Subdivision is There shall be maintained in the e4ty treasury the funds provided for in the fe44ow4ng subd4v4s4ens: Subdivision 2: A general fund far the payment of such expenses of the e4ty as +fie eeune44 may deem pro- per: into this fund shah be paid all money net pre - v4ded herein or by statute to be paid into any ether fund: E Subd4v414e11 4. A pubi4e ut4444y fund 4nto wh4eh sha +4 be pa4d a44 money der4ved from the seie of eb44ge- t4ons 4ssued en account of any mun4e4pai4y owned u044ty and 944 money der4ved from sa4e of ut444ty serv4ces; and from the se4e of any property aequ4red for or used 4n eenneet4en w4th any such ut444ty w4th the exeept4en of such men4es wh4eh come under the jur4sd4et4en of the Huteh4ason 9t44414es Semm4ss4en as prev4ded far e4se- where 4n th4s eharter. There shad be pa4d out of th4s fund the east of the purehaser aonstruet4en; aperat4en; maintenanee and repa4r of such u014ty; 4neiud4ng the pr4ne4pa4 of and 4nterest upon 044gat4ens wh4eh have been or sha44 be 4esued an 4ts account. Separate accounts w4144n the pub44e v044ty fend sha44 be kept for a44 at444t4es wh4eh are operated separately: Subdfv4s4en +. It add4t4an to the foregoing funds; there may be me4nte4ned 4n the e4ty treasury; whenever the ceune41 deems 4t adv4sab4e-- fa; one or more work4ng eap4t44 or reve4v4ng funds; for f4nane4ng se4f- susta4n4ng eet4v4t4es net aeteented for through other funds; W Such other funds as may be requ4red by statute or erd4nanee Subd4v4s4en 5: In #4eu of estab4404ng any of the types of funds spee4f4ed 4n Sgbd4v4s4en 47 the eeane4} may prev4de for the reeerd4ng of eperat4ons or eet4v4t4es for wh4eh the use of such funds m4ght'be su4tab4e through the maintenance of separate accounts 4n any appropr4ate fend already estab44shed: The eeune44 sham have fu44 power by erd4nanee or rese4ut4en to make 4nter -fund 4enns; except from trust and agency funds; as 41 may deem necessary and apprepr4ate from time to time-. Seet4an MLI-. A66MTS MO REPORTS. The e4ty eierk sham be the eh4ef ateeunt4ng off4eer of the e4ty and of every branch thereof; the the eeune44 may preser4be and enforce proper aeceant4ng methods; forms; bianksi and ether deviees eens41lent w4th the 4aw; th4s charter; and the erd4nantes adopted 4n account therew4t* He shai4 subm4t to the eenne44 a statement each month shew4ng the amount of money 4n the custody of the e4ty c4erk; the status of a44 funds; the amount spent er ehargeabie aga4nst each of the annua4 budget a44ewanees and the bafanees 4eft 4n each; and such ether 4nformat4en about the f4rnanees of the e4ty as the ceune44 may requ4re -. Once each year en er before the last day of May the e4ty e4erk sha44 snbm4t a report to the eeuneO eevber4ng the ent4re f4nane4a4 eperattens of the e4ty for the past f4sea4 years Thos report sha44 show- the eetua4 reee4pts and expend4tures; em4tt4ng dup14eal4ons and stat4ng the cash be4anee at the beg4nn4ng of the last f4see4 year and at the e4ese; the teta4 ent4ays for eperet4en and maintenance; and the tat &+ eap4ta4 0 outlays; the eend4t4en of eaeh of the funds, the total outstand4ng bends and the amount redeemed, and the 4"terest rate of eaeh;., the een00on of all the annual budget allowances; and 4eventery of all the property owned by the e4ty, and sueh further 4nfermat4en as the e4ty elerk deems adv4sab4e or the eoune44 requ4res -. Section i.43 7.11. CITY INDEBTEDNESS. Exept as provided in Sections Tit and ?-.12 7.09, no obligations shall be issued to pay current expenses, but the council may issue and sell obligations for any other municipal purpose in accordance with law and within the limita- tions prescribed by law. Except in the case of obligations for which an election is not required by this charter or by state law, no such obligations shall be issued and sold without the approval of the majority of eleeters of the e4ty voters voting on the question at a general or special election. 5. NEW BUSINESS The next regular meeting of the Charter Commission will be Wednesday, October 15, 1986, at 7:30 p.m. there will be discussion of Chapters 11 and 12. 6. ADJOURNMENT There being no other business the meeting was adjourned at 10:05 p.m. 9 PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, SEPTEMBER 30TH, 19869 AND ON TUESDAY, OCTOBER 7TH, 1986. 0 NOTICE OF HEARING ON IMPROVEMENT PROJECT NO. 87 -01 PUBLICATION N0. 3622 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the City Hall at 8 :00 P.M. on the 14th day of October, 1986, to consider the making of an improvement of Roberts First Addition and Berm on South Side of Roberts First and Second Addition by the construction of Storm Sewer and Appurtenances, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the benefited property. The estimated cost of such improvement is $41,995.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. 0q;= Dated: September 24th, 1986 PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS REARING, wHBTHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORM OF A TRUE REPRESENTATION OF OPINION. 0 ei it RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS PROJECT NO. 87 -01 Resolution No. 8403 WHEREAS, a resolution of the City Council adopted the 9th day of September, 1986, fixed a date for a Council Hearing on the proposed improvement of Roberts First Addition and Berm on South Side of Roberts First and Second Addition by the construction of Storm Sewer and Appurtenances, AND WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 14th day of Ootober, 19869 at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HOTCHINSON, MINNESOTAs 1. Such improvement is hereby ordered as proposed in the council resolution adopted the 9th day of September, 1986. 2. Marlow V. Priebe is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. 40 Adopted by the council this 14th day of October, 1986. 0 Mayor City Administrator 6'�-" O. 0 0 PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, SEPTEMBER 30TH, 1986, AND ON TUESDAY, OCTOBER 7TH, 1986. NOTICE OF HEARING ON IMPROVEMENT PROJECT NO. 87 -05 PUBLICATION N0. 3623 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the City Hall at 8 :00 P.M. on the 14th day of October, 19869 to consider the making of an improvement on the North Side of Fifth Avenue N.W. in Blocks 6 & 7 in N 1/2 City and Portion of Maplewood Academy Property by the construction of Storm Sewer and Appurtenances, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the benefited property. The estimated cost of such improvement is $ 68,970,00 . Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: September 24, 1986 PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. ��N RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS PROJECT NO. 87 -05 Resolution No. 8404 WHEREAS, a resolution of the City Council adopted the 23rd day of September, 1986, fixed a date for a Council Hearing on the proposed improvement of the North Side of Fifth Avenue N.W. in Blocks 6 A 7 in N 1/2 City and a Portion of Maplewood Academy Property by the construction of Storm Sewer and Appurtenances, AND WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 14th day of Ootober, 1986, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HUTCUMSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the council- resolution adopted the 23rd day of September, 1986. 2. Marlow V. Priebe is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the council this 14th day of October, 1986. Mayor City Administrator 11 TO: BUILDING COMMITTEE MEMBERS FROM: DICK BURGART, CHAIRMAN DATE: SEPTEMBER 17, 1986 RE: PRESENTATION TO CITY COUNCIL As of our last meeting, the decision had been made to make a formal informational presentation to the entire City Council. The purpose of the presentation would be to bring them up to speed on the status of the project. An informal r/ decision was also made to attend the council meeting on September-23 to make the presentation. Since our last meeting, and after discussions with Vergil Florhaug of CAM, and several of the committee members, I have requested Gary Plotz to put us on the agenda for the meeting of October 14. . The concensus of opinion was that I should make the basic presentation, on behalf of the Committee, and that CAM and Thorbeck & Lambert would be at the meeting to answer any technical questions. The three week delay in the presentation really does not affect anything since we have decided to wait until spring for the bidding. Unless it something new comes up, there will not be a need to meet until after the 14th of October. f i A PUBLICATION N0. 23/86 ORDINANCE NO. FINANCE AMENDING SECTION 635:10 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED WEED ELIMINATION THE CITY OF HUTCHINSON DOHS ORDAIN: SECTION 1. Section 635:10 of the 1974 Ordinance Code of the City of Hutchinson, entitled Weed Elimination, is hereby amended to read as follows: Section 635:10. Weed Elimination. Subd. 1. Any weeds or grasses, whether noxious as defined by law or not, growing upon any lot or parcel of land outside the traveled portion of any street or alley within the corporate limits of this municipality to a greater height than eight (8) inches or which have gone or are about to go to seed are a nuisance. The owner or occupant shall abate or prevent such nuisance on such property and on land outside the traveled portion of the street or alley abutting on such property. Subd. 2. When the owner and occupant permit a weed nuisance to exist in violation of this ordinance, and complaint thereon is made, the Weed Inspector shall serve notice upon the owner of the property if he resides in this municipality and can be found, or upon the occupant in other cases, by general first class mail service, ordering such owner or occupant to have such weeds cut and removed within five days frog the date of the notice and also stating that in case of noncompliance such work will be done by the municipality at the expense of the owner and that if unpaid, the charge for such work will be made a special assessment against the property concerned. When no owner, occupant or agent of the owner or occupant can be found, the provision for notice shall not apply. This notice will apply for the entire growing season and will be the only notice the property owner will receive. If at any time during the entire growing season said grasses or weeds are at a height greater than eight (8) inches, the municipality will have the authority to have such weeds cut and removed. Subd. 3. 'If the owner or occupant fails to comply with the notice within five days of the date of the notice, or if no owner, occupant, or agent of the owner or occupant can be found, the Weed Inspector, or his duly authorized agents or employees shall cut and remove such weeds or grasses. The Weed Inspector shall keep a record showing the cost of such work attributable to each separate lot and parcel and shall deliver such information to the Clerk. SECTION 2. Penalty. Any person violating the provisions of this ordinance shall be guilty of a penal offense and upon conviction shall be punished by a fine of not more than three hundred dollars ($300) or by imprisonment for not to exceed ninety (90) days, or both. SECTION 3. Effective Date. This Ordinance shall take effect upon its passage and publiction. Adopted by the City Council this day of ___, , 1986. 74 Gary D.- Plotz, City Clerk Paul Ackland, Mayor 0 ORDINANCE NO. 24/86 AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP THE CITY COUNCIL OF THE CITY OF HUTCHINSON ORDAINS: The following described real property is hereby rezoned from R -2 Multiple Family Residence District to R -3 Multiple Family Residence Dis- trict. East 700 feet of Lot 1, Block 6 Helland's First Addition, City of Hutchinson Adopted by the City Council this day of , 0 1986. ATTEST: Gary D. Plotz City Clerk 0 Paul L. Ackland Mayor �__k RESOLUTION NO. 8402 RESOLUTION ACCEPTING $75,000 FROM THE HUTCHINSON UTILITIES COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON THAT a $75,000.00 transfer from the Hutchinson Utilities Comi.asion to the City of Hutchinson's General Fund is hereby accepted. Adopted by the City Council this 14th day of October, 1986. Paul L. Ackland Mayor ATTEST: Gary D. Plots City Clerk I —lip 0 0 (612)587-5151 Harcv" CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN 55350 OCTOBER 9, 1986 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR ----------------------- --- ------------ ----- -- - - -- -- SUBJECT: RESOLUTIONS 8405 AND 8406 --------------------------------- -- ----------- -- ---- --- - - - -- -- Resolution 8405 transfers the amount of $20,968 from the 1980 tax increment debt service fund to the 1982 debt service fund. The $20,968 is the amount of money generated on the tax increment from the S & L building and properly belongs to this fund. Resoluiton 8406 transfers the amount in the Federal Revenue Sharing Fund to the 1986 General Fund. The money will be used for public safety - wages. RESOLUTION NO. 8405 TRANSFERING $20,968 FROM THE 1980 TAX INCREMENT DEBT SERVICE FUND TO 1982 TAX INCREMENT DEBT SERVICE FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT $20,968 is hereby transfered from the 1980 Tax Increment Debt Service Fund to the 1982 Tax Increment Debt Service Fund for the payment of bonds and interest due in 1986 ADOPTED BY THE HUTCHINSON CITY COUNCIL THIS 14TH DAY OF OCTOBER 1986. Paul c un Mayor ATTEST: Gary D. Plotz City Clerk 0 0 r"1 U RESOLUTION NO. 8406 RESOLUTION AUTHORIZING TRANSFER OF $554,819 AND ANY ACCURED INTEREST FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That the amount of $554,819 and any accured interest is hereby transfered to the General fund of the City of Hutchinson from the Federal Revenue Sharing Fund of the City of Hutchinson 2. The money so transfered shall be used for the purpose of public safety in the General Fund and shall consist of regular employee wages in the public safety area. ADOPTED BY THE HUTCHINSON CITY COUNCIL THIS 14TH DAY OF OCTOBER 1986. 0 ATTEST: Gary D. Plotz City Clerk 0 Paul c un Mayor RESOLUTION NO. 8407 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Cutting Blades 1849.25 Snow Plowing Street Yes Paper Calmenson Salt - 75 tons 1650.00 Street Maintenance Street Yes Cargill Water Meter 1217.00 Replacement Water Yes Water Products Water Meter Parts 2243.73 Replacement and Maintnc. Water Yes WThe following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR Engine 1154.00 Transit Bus Replacement Transil Yes GTC Date Approved: Motion made by: Seconded by: _ Resolution submitted for Council action by: • / (612) 587.5151 C/T Y OF HUTCH /NSON 37 WASHINGTON AVENUE WEST HUTCHINSON. MINN. 55350 M E M O DATE: September 23, 1986 TO: Marlow V. Priebe FROM: Director of Engineering RE: Project No. 86-15, betting No. 15 Preemont Avenue Cul -de -sac Two bids were received for the above- referenced project: Atkinson Blacktop $28,726.00 Wm. Mueller & Sons, Inc. $24,076.78 I recommend awarding the contract to Wm. Mueller & Sons, Inc. The work to begin subsequent to receiving the easement from Greencastle. MVP /pv cc: Newell Weed,Br. Marlow V. Priebe Director of Engineering 0 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 15 PROJECT NO. 86 -15 Resolution No. 8398 WHEREAS, pursuant to an advertisement for bids for the improvement of Freemont Avenue Cul- de-sac (Greencastle Site) by the construction of Gradinag, Gravel Base, Curb and Gutter, Storm Sewer, Surfacing and Appurtenances, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Wm. Mueller 8 Sons, Inc. $249076.78 Atkinson Blacktop, Inc. $289726.00 AND WHEREAS, it appears that W,. Mueller 6 Sons, Inc. of Hamburg, MN, is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHNSON, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into the attached contract with We. Mueller & Sons, Inc. of Hamburg, MN, in the name of the City of Hutchinson, for the improvement of Freemont Avenue Cul -de sao (Greencastle Site) by the construction of Grading, Gravel Base, Curb and Gutter, Storm Sewer, Surfacing and Appurtenances, according to the plans and specifications therefor approved by the city council and on file in the office of the city clerk. 2. The city clerk 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. Adopted by the city council this 23rd day of September, 1986. Mayor City Clerk L_ Is i.i THE HUTCHL' -. - -• - I.E RSDAY, DECEMBER 5, 198: PUBLICATION NO. 3493 ORDINANCE NO. 725 FAR 010 ORDINANCE AUTHORIZING SALE OF MUNICIPALLY OWNED REAL PROPERTY FOR�AT�O/V THE CITY OF HUTCHINSON DOES ORDAIN: SECTION 1. That the municipally owned real property legally described as follows: That part of Lots 16 and 18 of the Auditor's Plat of Section 7, Township 116 North, Range 29 West, described as follows: Beginning at the northeast corner of said Lot 18; thence easterly, along the easterly extension of the north line of said Lot 18, to the intersection with the east line of said Lot 16; thence southerly, along said east line, to the southwest corner of Lot 39 of OAK PARK SECOND ADDITION, according to the recorded plat thereof; thence westerly, parallel with s4.i.d north line- of Lot 18 and its easterly extension, a distance of 399.67 feet; thence northerly, parallel with said east line of Lot 16, to the inters ction with a line parallel with and 30.00 feet southerly of said north line of Lot 18; thence easterly, along said parallel line, to the intersection with the east line of said Lot 18; thence northerly, along said east line of Lot 18, to the point of beginning. For good and valuable consideration is hereby sold, conveyed and warranted to Retirement Living Communities, Inc., a Minnesota Corporation, together with all hereditaments and appurtenances belonging thereto. ADOPTED BY THE CITY COUNCIL THIS 26th day of November , 1985. CITY OF HUTCHINSON By: Robert H. Stearns Mayor of Hutchinson ATTEST: Gary D. P otz, -City Clerk _ 3 r 4 F, 10%7-1 u 0 0 RICHARD A. FIELD Appraiser '520 Northeast 218th Avenue CEDAR, MINNESOTA 55011 Cambridge 689 -4874 Glencoe 864.3161 Hutchinson 587.2695 Minneapolis 566-6010 September 19, 1986 Mr. Gary Plotz City of Hutchinson City Hall Hutchinson 55350 Dear Mr. Plotz: cc SEP 1998' tr 1N Per your request, I have completed an appraisal of the property located at 115 Franklin Street North, Hutchinson, Minnesota 55350. The purpose of this appraisal is to estimate the market value of Fee Simple Title of the property as of September 9, 1986. Market value is defined in the body of the report. Value influencing conditions are reported whatever their nature and whenever they are found, analyzed and adjusted for their impact on the subject property value. It is the opinion of this appraiser that the appraisal process employed indicates a market value of $15,000.00 ( see notes about conditional market value if variance is obtained.) Sincerely, Richard A. Field i i` 9 0 RESIDENTIAL APPRAISAL REPORT car u� BtllD+xr VACANT PROPERTY - -- - - Census non n a wreana. not on Aaaw 115 Franklin Street North Parcel Code: 23- 056 -30.20 Hutchinson coup McCleod state Minnesota z,D Cod. 55350 L ,mown Lot f, Block 92, North Half of the CitV of Hutchinson SaMPriwS Dw..fuk Loan Tem yre. PrppeM pi me ApPrusaO x Fw I1-w1.doo7DeWnTjo PU_m _ AttW114Yenate Tpees 306.00 FHS'rl Loan.h.1,ew0epeid,.IN.S Dme,,earoorKesuona LeMxplira City of Hutchinson/Gary Plotz Aadaa City Hall, Hutchinson Minn. 5530_ - scant pMM» Richard A. Field lneaucMrowAppre m, A t Set: 9_09/86 12; OQp. m. ere are no specie assessments levied against the —_ proper of date bereof. w a.p I. ti LotAlian '®INMn ❑SuWrMn ❑pool aWp Up over TS% ❑'fj %w)5% ❑U., 25% EmpoyanentSGlwid, Grown Rye Fully Der. ❑Rapid ❑slawy ❑$lox Cpnwn*ncsw Employment �} _ -_ Ptopany y.Yra ❑IM.rirp ®s *tle ❑Drllning Conven*nce wSnoppin9 Drvwa9upgy, ❑ Shure, ® In S". FJ O+er Super Converr once w SchMl. Mrarep T*x ❑lMper3MOe. ®FS Mw. ❑ Over BMw. Ad6auaoyd PYOlic TanfpoNhon P,«enl Lelw Leave 2O %IFemlr 10 Yp�F.mily ii0 %ApN. QO %Cdndo %CgmmnciY RBRMIipnei Fpylitip J�p', 00 %IMuruial 00 %vaunt _% AMquary of Utlllllea i tl J Dlwpen PrumllaM USe ❑NW Later ❑LMeq (.1 x❑TaYnp wap I.) Pwperty COMMUnnity '�_3 ❑ C Id Famresidential To commercial fl ouy1 lwm Dnlimenm conmoon,] ❑ � Predrnernl OCRaryy ❑owner ❑X Tenant 3 %Vadara Pallceand Fire Pwlemion ] 8.j^ ] V akVb Fehr FreeRrryp 630,000 ws 50,000 Pradom.*nl vatue S 90.000 orara, Apparenew of Properties Sap* FanMy Ape 80 ya.w 110 yre. PtMDmiruM Ape 95 yre A el to M.*M *owes. Il.1a: RRILIil .b Fr Crrwar ro «IM r.elY mxOnitlal a Mn.IpAeerllped n M rel*e*ppa*M Grnman*ewndinpVw lacW4lewren*mwlNVratlo. aMerllnp martM.nlary le.p. putlw perhe.OUWla. view, Mies) There is no public transFor -_. tation available in Hutchinsoq which is normal for small toms in this part of the state. There is a large is park three blocks south of subject and a Park across the river to the north. _ s are ee to four blocks south. The view is of commercial structures and river frontage. e is noise rom traffic on Main Street, one block east. The neighborhood is in transition_ and many singe ramuly noves nave man converted to office space or other commercial uses. - D:erxiDlx DD x 13Z x 66 x 132 8,712 sq. Fl. or pcm ❑CO,Mrlol UMiercia- istrict rarsnp - istrict eraser imprreman* ❑dD {J do nr Mnwrm to zoni�p rawulellpns ftw onllove.11M) OFF$REMIPROYEMENT$ Topo ]enFe1 E*n_ ® $Vat ACCYI: ©PUNIC ❑Pllran $y average for RJnalP Faml'ty homes w ® s.rtape blackto sn.pe rectangular Wirer ® Malnrenenoa: IF] wOlarreta Vlaw r - --of commercial Properties a.Aasaw ® ®Serra Seer ®Curacutvv Dannelly to street to storm sewer iY ❑ Undar«ound Elect 8 Tel. Saw.* LI Ma Crran*Itroretle«unlvoeiNe inclWinp am/apparam adWlN eesemanlR anoownmenbaolnermwna wndnwnal Subject is located in the flood fringe district of Hutchinson. Subject is located in a CCHBIERCIAL ZONING DISTRICT. Subject is surrolnded on all four sides by commercial uses. There were no apparent adverse easements encroachments or other adverse conditions noted t as noted above. E **V ❑Proposed ❑Under Can W. M. Untie -L Tye Idat. duple. aenti /del, noel Daeign Iramoler, soil mewl. Nc.) Ealeriar Welb Val. Age: Aetu.l 86 vAao,N. 70 to 80 M. Serb 1 one famil de a d o ' Rpoe *alnvl outMSa DwmaewN Nine Indox (Ty"): wood double hung w.ul.eon None FiM, asphalt shingles Some --- INADEQUATE slam Sun ©scone ®crnelnatlon ❑celing ❑Roo, [j'Waoa MuW1xNrM M.. fLZ %aWlMnl FMrDaw Poised oel4fq none FwnMbnwells x❑DuMdedams. ESUmp Pump fnbnad wet* none Cement and rock 2] Coa.ele Fir =0- %Finned Fr *riot Flcor none SW mGhee ❑Caxlapace M EvMrweof O nom FITlyneftew, klSefileavelat severe settlement coaeaa Subject house has been partially gutted of cabinets, counter -tops, furnace, hot water, heater, etc. Upstairs bathroom is still functional and automatic. _ Favor LM Foyer LN,ng Dining Kitchen Dan Family Rr. Reg. Ran 1 a"... M. Baths Laundry Omer atlwMnt l tatl.rel 1 1 1 1 god Lore, 2 1 F*Ishad. aegvegrale dpnMo.. total r room bedrdd,lo IMMe.Gwu LMnp Area ape tt. Bent Area p.,t. %HUrlErepnM,l: ❑RNrgeralor ❑Rerge/Or.n ❑D*pa.l ❑D *,lrahir ❑FavuI ❑Compactor ❑Washer ❑Dryer❑ AIR GOND: Canes, DIMS nlinP_ ❑Aapuva 1nrNpuale F*pn 99 t eel ❑Carpet Owr ❑ w al. are nom WY* ❑ dyxgl (n Player ❑ Queerly W cmrtrudim Immorally Q Flnrsh) ❑ a ❑ Ton,Fawn 0 sood ❑ A." ❑ Fur ® Poor O Ifioa of lapwvereno ❑ ❑ ;C �! Save Fnr ❑ Ceramic x❑ vinyl Rorn Sias and Layout I] ❑ a L Brm W.IALOt ❑cerem* ® Paint over plaster claMa.ld aror.g. ❑ ❑ ❑ 40ec*IgWmin,nArda,q rMpy Mniwtloma NONE Imueren- eaauecy UNINOWN --------- Plundrry- adpuaryandcmdXion ❑ ❑ ❑ *R ENeM1*al- Wepwey and condition ❑ ry ❑ ❑ ATTIC: ❑ y« ®M ❑ slrtxry ❑ Oapetair ❑ Scud* ❑ Flared Kdclw+GOroo- adegYecy aM do,MTdn ❑ ❑ ❑ *9 Fn*lltl alruTAel ❑.rr.d_ Gdm*fiW1Hy Io Nelghecrhp ❑ ❑ ❑ OW aTORAGE ®GerRe❑SuR+n ❑Adr.%ad ®DMrlyd ❑Cr Prt OwraflL Ilft' ❑ ❑ ❑t� M. Care 2_©AOeduate ❑Inadequate Cones *n fair AVOeaIarMMareraeility ❑ ❑ ❑ r Try Ed AMdR4F ' u*S_r1Q -. FryliRnlm Yn luaTxr FMEPLAfS. PATIM POOL. FBICES. eve (a.yW) FnL 1arQP Rats+re tr,,s --- well Rh,ied- - -gaad shad, tray FILMC For, m I.ev. T/A. U cn PROPE,RYAND STREET SCENE McRP FNMA Fan 1001 Rev. 77iI V�JAT10Y SSGTIAN PwaNO p ,WM= m a rYMGNIMIaanJmlan,0 XI N811a141 LAMnIN FIaNmMa]I PVNMfA FOmanal Imr,nHWMred MnaunN wO.NntO InnlIMP "1VNNNaX N 1Ww fnNiM1XM41. . L Xaaam, dIftNInan any l YAVpM l n W1MMY [kNCX aI MtPtaNMNtNWMB MMnalaa. Mrae¢manM No.SKKMa S'. Ft. ESTIMATED REPRODUCTION COST —.MEW -. OF IMPROYEMENTE' Dati'm 1364 sn.Ft ®s 26.17 = s 38,424 - 24 14 2 = 672 basement 560 sn. Ft HS 12.18 = 6,821 _ 14 14 1 = 196 Sat. hardwood flooring 9.847 _. 12 10 1 120 plaster interior 14 26 1 364 [ spacw sAr{Y StIMMM ama energy adiustmt ' 2 . 1 _. 12 iITT data Pa[at. Fauna. MA6 u$ed in cost approach. e[rag"* t 352 sn.Ftres 12.82 4,513 TOM C ,a[ Lmw A,.t a+I n MNLN Data AnMyu[ exo.l 1364 slM lmPrwmNm. fa..Y. I.oe.oFMy. NC. trees 3.500 CFlnnyrn.I nMlaw Mgranaai[amNN ; Tow EetimalN C[M New (xl.02xl.08) . . . = E 67.069 Functional obsolescence is the amount necessary Pxy i Fn„n;asl Economic to remodel with a dif erent, functlonal floor Leu 7% 15% 10% o[we[Mtwns44,B36 1110,060 1,6,707 _ S,61,703 oeP„[Nt.a wln.NlmweteXwnl. . = 5 �� - ESTIMATEDt Value . = s 16,000 plan, add closets, replace stairway with straight run, an update electric an�.�tbing. SystEms. Econonic. obsolescence is. depreciation n RESIDWTM site va tie y. ing locat in a call- Dt IalMaralp, sllpwmrylewlaa vNUM - IMM1Tw rulm wCO{tAPMOAM a 21,366 W wXINa aIM tin prMMrea anwo In Ma Fianna MwYR. TM aa,Ptlon merclal zone surroun by txasmzc al structures. TM unMn�'IEQnnb nM,aclW a�rrvnit.Nppprq� naatNmpa ana aWnna, nadbnmlXPae ; aeat1a11r al1�lutmanl,reactlro ltMlaW nalnaOMpnllbM wwiarpalwanlawbNFl aW [rrorWMpaprpa.N. ayntantt. in me WWWaa�2m�IreIe�PPpaaEarrradma, p,opN{y w wpa,Mr 4 or IROra twNaNM Dan. Me "DIM poorly [ m;Ira 1.1 aOquMnap at maa. M.n M h.,WF ■n 1ndlaMa ¢taus oI open; n a IfVit IINn M M eOtlpYW. N elMl[I, 10. w 4Y fMq, /XM tl1N. NO Wple[t FtWenY. aP1101 +) aaAlNnla,n M f w dMq MaIY!n8 M! Mp[eNtl vMIM of M¢ - IIEM atantat P.P v COMPARABLE 110.1 COMPARABLE NO.Y DOWARABLE NO.3 113 zg.FranKiin Ao Huron Street 520 Glen Street Franklin Street 'a°t0O Hutchinson Hutchinson Hutchinson I Hutchinson _ waMVwrosu 8 blocks SOUTHEAST blocks SOUTH 8-blocks Smm SWSPna a 4,900 11 2. %:n 32,500... FricNLX;ro aw ffl 23-92 rT I$ 2.50 m Dam sown, i ton Cent 1 Gent Gold personal inspection Century 21 Cent Gold - DaMOSWrW o OESCmPTK* DESCRIPTON +Ha nEBCRIRnON I II I DESCRIPTION Tana M Nn I n11 1 nil 6 nil. ioMbn c®aerc al fair resl enb aver rest enb Ver resident 1 S.tsnM. avera rair same I same Dow ani APP" air. average I same average Drily N Caws average same I same same _. years va yr actual i(27W) yr ac ua yr actual Callanlpn poor average g average LIVMpAMROrn TOM I B.naa 1 lapro TOal 1B 1 Bet" I Tetal Ibrlal B.pN 1 Twal IB.I B.ft 1 6 1 2 1 1 cwntaae]ow 6 1 41 1 1(2000) 7 1 2 1 1 ((1000) 6 13 (1000) 'BmM Lwkw Area 1159 .F, 950) .1225 sR Ft .1390 8e. Fr1 3640 ; _ 1364. .f� eaaaaaaR a 64pt. 67% 40% 900 20% 1570 note FiIMrow A. unfinished saine same FwMtton IUUMY fair same - 1 same: 1 same Alrsmeo2m none same I rai air 1 Fop double detach same 1 'none 1 2000 salne Fm Patin none front porch ;(1000) same FXOe, MC. detaqbgd shed I 500 e30"ltMIrN11 note same 1 same same lire- bath (1000) new bath (1000) orola m.p: FM[.: ke none new new kitchen (1500) same equip., ranroalirol Seleaw Flancalp CwrafMOrle none same 114750 two points .655) same NN A. ROM) PIa 2mangti FM MMa1{ 1239 Wa Mmin'1 115 0 In �+ 1120,150 :920,355 :$20,970 Sb]W :COIM.nMwMMM Data 92 is most like .the subject to age and icture an dasi All Come adjusent for condition because of poor subject condition, and the actual amount " -r " ire hew tm of cofstnaction money necessary to bring subject to code is far in excess of adjusted amounts. - I ..........................s 4I,applloa,1a ECOnomio McM.IAM P AAO.aD,pM RM MNtry;;er _: s A :.�.�TXUappaM.lwlllaa $'Y M' O wXMsIMMarapaire,MMraba . wc011Oliona lfWUXNOw O oomplNbn pNplge alFMNCilicatone. can.alw rwowlpnlwraApp.Nw: see attached addend= CwMPaolloa mnt"y O'aagNa NMeafww"Pr[prn WarrmtYCO aPEePae. TtW.ppMW YaeM Upon Ma a pesIawlirammM•PMe tifWan. ContM{an W nmillro conaltbna, rM MakNrMue aMIlann MM M Naha in JaFRLMt4I4RffWft~.iomt lOplB.lew.lMmEMEwIYX etNm Septemller 9r m 86 ® maGwtl. I ",n1ATBUIEETY W, A{O!F !�F{IyrE PROPlRTY • {OF wws AppraMr(a JJ \1 Rwwx Appreiaa la pPlke0Y1: .__..._..❑ Da ❑Die wtPnYaiwq MapN1 Fain ]p Rw.]/;9 rs�.wrww.. R.�Mwr.wr.w,.Irwaosrr rpoelwww REVERSE RFF I. t-. ttAN f 0 r�l RESIDENTIAL APPRAISAL REPORT ADDENDUM 1. There is a law on the books of the City of Hutchinson to the effect that no residential structure located in a commercial and /or flood zone may be repaired and /or remodeled in an amount in excess of 10% of the total value of the property in any one year. 2. I have consulted with Mr. Honer Pitman, of the City of Hutchinson, anc his interpretation of the said law is that an owner may be retrained from effect- ing extensive repairs on a commercial /flood zone house by the simple expedient of denying a building permit. 3. Subject house is in need of repairs well in excess of 10% of the total value in today's market. a. The heating plant has been removed. b. Most of the kitchen cabinets 5 countertops have been removed (see pies). c. The electrical system is out -dated d. The plumbing system is out - dated. e. There are NO CLOSETS in the bedrooms. 9. If only 10% of the value of subject house (about $2,000.00) can be spent in any one year, then the subject house would remain unhabitable for at least three years and possibly up to six years. 5. If the subject house were to remain vacant for, say, five years, during which Lime it was gradually brought up to code, then the economic loss of utility (or rents S income) would become a significant detrimental factor in the estimation of its value in today's market. I will postulate an expected rate of return of 12% per annum. This would total . in exxcess of $12,000.00. 6. Conclusion: The highest and best value of the subject is not a residential single family detached structure. 7. The only allowable alternate use is as a commercial lot (building site.) 8. There are no recent sales of unimproved commercial building sites from which to draw comparables. There are 3 old sales in East Hutchinson which would indicate a (then) value of $19,000.00 (on the average) for such sites. 9. A time adjustment factor of about 15% should be used from the period of razed house /commercial site sales to the present. This yields a current value for commercial building sites of about $16,000.00. 10. FINAL CONCLUSION: If a variance can be obtained so that the subject house could be improved to code immediately, then the indicated market value of subject property is $20,500.00. If such a variance can not be obtained, and /or if owner chooses not to undertake necessary improvements, then the indicated market value of subject property is commercial site value less costs of razing and removal of about $1,000.00, or ..........................$15, 000.00......................... DEFINITION OF MARKET VALUE: a, moat preb able prix which a pegerty Omtd Mitt u a tatmpat I ad open mull main all conditions requisia in whir sale, the buyer and serer, each acting prudently, knowledgeably and warming - the is not affected by undue stimulus. Implicit in Our definition is the consummation of a We as of a specified date and the passing of tide front seller to buyer under cons items whereby ". (le buyer and seller am typically motivated: (2) bah parties are well Informed or well advised, and each acting in what he considers his awn best interest; (31 a neasomeble tint is allmed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arogetrcna romparoble therein; and (5) the prix represents the normal consideration for the property sold unaffected by ' special or exmive fisting or sales concessions* graved by at"" aeociaed with the We. s o Adjus aims, the comparabies tors, be mad a re e for special creative financing or sales concessions. No adjustments anecessary for Dose costs which are normally paid by sellers as a result of tradition or law in a market area;. these costs are I readily identifiable since the seller pays these costs in virtually all sales transactions. Special or ceativ+e financing adjusttenes can he made to the comparable property by comparisons to financing terms offered by a third party institutional lender that 1 is trot already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for t dollar con of the financing or concession but the dollar acoum of any adjustment should approximaa the market's reaction 0 the financing or concessions based on the appraiser's judgment. S CFATDTCATION AND STATEMENT OF LBSfffRVG CONDFrtONS CERTIBICATRIN: The Appraiser certifies and agrees that: 1. The Appraser has no preset or comempjmed future interest o the property appraised; and neither dhe employment in make the appraisal, rot the compis alon for it, is contingent upon the appraised value of the property. 2. The Appraiser has no personnel interest in or bias with respect to the subject caner of the appraisal report or the yartici- pars to the sale. The "Fstio sw of Market Value' W the appraisal report is not based in whole or in part upon the swee, coon, or national origin of the proWactw owers or xcupams of the property appointed. or upon the ace, color or minimal origin of the present rowers or occpea of to properties W the vicinity of the property appraised. 3. The Appraiser has personally inspected the property, bah inside and out, and has stake an Garner mWec ore of all comparable ale Mead W the report. lb to beat of the Appraiser's knowledge and belie, all stamens, and fntonoanimn in this report are uic and correct: and the Appraiser has our knowingly withheld any significant iefonatmm. 4. All contingent ad limiting conditions are contained herein (imposed by the teams of the assignment or by the under- signed affecting the analyses, optima, and conclusions contained in the report). 5.. This appraisal report has been made W conformity with and is subject to the rapimeneans of the Code of Professional Ethics and Standards of Ptokaoal Conduct of the appraisal organizations with which the Appraiser is affiliated. 6. All conclusions and opinions concerning the real estate thin are set forth - in the appreisil report were prepared by the Appraiser whoa aignaryte appears on the appraisal report, unless indicated ass "Review Appraiser- No change of ahy item W to appraisal report shall be toads by anyone other than the Appraiser, and the Appraiser shall have no responsibility for any such uautlurized change. CONTINGENT AND LIMITING CONDITIONS: The cenifeation of the Appraiser appearing in the appraisal report is subject to the following conditions and to such other specific and limiting condium s as are act fro by the Appraiser in the report. 1. The Appraiser assumes no responsibility for shutters of a legal nacre affiectog doe property appraised or the tide there. to, nor does the Appraiser model any opinion as to the title, which is assumed to be good said maAxtable..,The property es appraised as though under responsible ownership. 2. Any sketch in the mpmt may show approximate dimensions and is included in assist the reader in vlwalizirg the p city. The Appraiser has made no survey of the property. 3. The Appraiser is wort rialumed to give testimony or appear in coon because of having nude the appraisal with rtference to the property in question, unless arangernents have been previously made therefor. 4. Any distribution of the valuation in the report between land and improvements applies only under the existing program of utilization. The wpame valunWnts for land and buddng must not be used in conjunction with any other appraisal and are invalid if so used. 5. The Appraiser assumes thin there are no hidden or uappaumm conditions of the property, subsoil, or structures, which would reader it mine or less valuable. The Appraiser assumes no responsibility for such conditions, or far engineering whoh might be required to discover such factors. 6. Information, estiraaa, and opinions furnished to the Appraiser, and contained in the report, were obtained from sources considered reliable and believed o be true and correct. However, no responsibility for accuracy, of such isms famished the Appeal= can be assumed by the Appraiser. 7. Disclosure of the comma of the appraisal report u governed by the Bylaws and Repehcions of the profasioal appraisal organizations with which dies Appraiser is affiliated. 8. Neither all, nor any pan of the content of the repo", or copy thereof (including conclusions as a to property value, the identity of this Appraiser, peofrssiad designations, reference to any professional appraisal organizations, or the firm with which the Appraiser is connected), shall be used for any purpows by anyone but the client specified W the report, the borrosver if appraisal fee pod by same. the mortgagee or its successors and assigns, mortgage instant, consultants, professional appraisal mganizatioes, any sate or dedemty approved fiancial institution. any depaMrem, agency, or instrumentality of the United Saar or airy crm or the District of Columbia, without the previous written crosam of the Appraiser, nor shell it be ewveyed by anym an the public duougb advertising, public relations, news, ales, . or other mesa, without the written causer and approval of the Appraiser. . 9. On all appraisals, subject to satisfactory completion, repairs, or alarataos, the appraisal report and value cacWsion are comntud upon competon of the Wprwemeats W a workmanlike mmmer: � Daw s.slPtember. 9..1986 Appranw!rtlo. + /'... ................ nveaaao.e ichard A. Field rawwa" �a suer apta aw.ewmn.,. u,cwa.w.sm wwmy u... raw aww.moanhc tpaoewvaara .tic rsmrawa arar • 0 0 SKETCH ADDENDUM rrneoCeent CI Hu t C[h, 11 -,1,1 _ ^SLCSR,I - -- State M3nnea a ZlpCme G.c L /e4/ 2V1r /�/ r 3iE.6 7v7-144 = S3 Z(TJ 14 /Ix /o a 1 -xzJ = .33e� /Vx2c- = 3LIf'o � x c J? 93 zp 1tiYZo = S6o/� FV, ,� l sG�P ° Sc o ld 6. ?!9 /° Kit .g 2& ell G Porch Dining K ( Uvjw) (family) :h (enclosed) __ ze �a I PHOTOGRAPH ADDENDUM Wrm"rCllent Cit of Hutchinson -o ,, nddl695 115 North Franklin Street .. Cie,, Hutchinson Ccunly 4cCleod s:r.e *tinnesota ,c350 FRONT OF SUBJECT PROPERTY REAR OF SUBJECT PROPERTY STREET SCENE rJ ADDITIONAL PHOTOGRAPHS ON REVERSE SIDE FW 90.1 a' 1964 Forme eN Wemae Ind 315 WNNey Ara. New Hale, C10 511 Fn RigT Reserved e� J1, r i PHOTOGRAPH ADDENDUM tla.mwee o"I city t Hutchinson _ Ra�B Vy ACC.e sx 1'_] North Franklin Street _ Mlt&insCr Co::�n_ 1cC]eod slate %lnrescc., Dp COae 350 across the street Cram viEU of DMCHED GARAGE showing the rear of comercial structures across the alley 1'l EH OF KTT= AREA showing missing cahinets and poor state cf repair of interior Walls ADDITIONAL PHOTOGRAPHS ON REVERSE SIDE 4ew ME ' 484 Fa, aW Wwm sx i',' Whie,py Aye New H wn. Ca M11 411 Right Re 01 PHOTOGRAPH ADDENDUM po ciient City of Hutchinscn Pr ny Add 15 Franklin Street C ❑ chinson cw McCleod sie,e minnesDta L ceae 5n -,: COMPARABLE SALE #1 446 Huron Street Hutchinson, Minnesota 8 blotXS SE of subject Sold: March 27, 1966 Price: $39,900.00 COMPARABLE SALE #2 520 Glen Street Hutchinson, Minnesota 7 black: 50JT11 of subj eCt Sold: duly 0, 1986 Price: $32,750.00 COMPARABLE SALE #3 595 Franklin Street Hutchinson, Minnesota 6 blocks SOUTH Of SubjnCt Sold: March 22, 1986 Price: $32,508.OU ADDITIONAL PHOTOGRAPHS ON REVERSE SIDE FW 90Cd ^-9B4 Fprms end wprms• I nc 31 C I ,PPV Pre Ne, H61'11 o A5 IAp Rignis ReRNc IIPAJ1243i 5 i _ f i 'f N City of Hutchinson, MN 55350 0 si 0 Richard A. Field Appraiser I Formal Education University of Minnesota High School ..! University of Minnesota (Minneapolis) U. C. L. A. Real Estate Education 1969 - Real Estate Lau University of Minnesota Extension 1971 - Real Estate Securities David L. Graven 1974 - Contracts for Deed; Law and Practice David L. Graven `. 1978 - Mortgage and Money Markets University of Minnesota Extension 1979 - Condominiums: Lau and the Market National Practice Institute _ 1979 - Real Estate Finance Charles Parsons and Joe Thorns 1980 - Contracts for Deed: Title Problems Aud Remedies David L. Graven 1983 - Contract for Deed and Private Mortgages - David L. Craven 1985 - Real Estate Appraising (Course 101 SHEA) - University of Minnesota Extension 1985 - Real Estate Appraising (Course 102 BREA) - University: of Minnesota Extension Employment 1956 - 1958 Military .1959 - 1961. Cost Accountant for Mfg. Co. 1962 - 1974 President: The Field Corporation (Contracts and Mortgages) 1974 - 1984 .President: Century 21 Field Company (Real Estate Broker). 1978 - Pres. Teacher: Itaska Community College -.Real Estate Securities Hibbing Community College - Real Estate Investments Fergus Falls Comm. College - Property Management Univ. of Minn. - Duluth - Condominiums and Co -ops 1984 - Pres. Owner: RAF Company (Appraisals) Designations Candidate for SEA designation: Society of Real Estate Appraisers Affiliations Society of Real Estate Appraisers Minneapolis Board of Realtors Partial List of Clients First National Bank of Glencoe Security Dank 6 Trust Co. - Glencoe Citizens Rank 6 Trust Co. - Hutchinson Firstate Federal Savings S Loan - Hutchinson First Bank of Minnesota - Iutchinson First National Bank of Hibbing First National Bank of Chisholm First National Bank of Buhl City of Hibbing (as land commissioner and appraiser) City of Chisholm (as land commissioner and appraiser) _ City of Buhl (as land commissioner and appraiser) Byron -Reed Be- IOeation Company American Family Insurance Company Mid- American Dairyman Assn. - Hinted 0 GA / 7�' d.� f�G�G'`� /i✓so� j �r� ID: TYPE CODE: PROPERTY CODE: FIRST NAME: CM��//.9 LAST NAME: GqK�` �S'I%a— STREET: // 5 /✓o. F '✓A- -- "-) CITYI f%a'- G11^/SO4J STATE: I/lti/ 2IP: PH s 2p : C0: LISTING AGENT: .4 �J v G L lE�- 2 LIST PRICE: STYLE: / �0 .5 Ta7"�% SCHOOL DISTRICT: �LC TG ✓5d7A) CONSTRUCTION: DATE BUILT: 7 SQUARE FEET: .2 r/ X c-30 BUILDER: 7 ROOF: A4.SP,4,/ac7- LOT SIZE: G(ax/gz GARAGE: /�z ST.=3GL, GE.NE/VTc� INSULATION: OPENER: — TAXES: BASEMENT: 7719 ASSESSMENTS: .PORCH: SEWER: ciry WATER: d,17-y GAS: G'ir't PATIO /DECK: — DWI - STOVE: - REFRIG: - CABLE: - FIREPLACE: - DISP: - MICRO: _ SOFTNR:- TERMS: Gf�;LSAI WASH: DRYER: AIR COND: _ LIVING ROOM: 13a-U-1-m2- f 8,Qy .0111 -&onJ BATHS: ! c[.'srranes KITCHEN$ /& v /ia/ w /yio��,q�Kw��FAMILY RGOM: DINING ROOM: 1Z5X 13y / UTILITY ROOM$ - ? BEDROOMS $(�� / x.d s Mg /N fGmo,e . .2 tcP .QOCP,� IRT COSTSa- 15 ELECTRIC COSTS* CvAl Z)/ ;r7 D/v E OF HEAT+ AMP SERVICE+ g ADDITIONAL FEATURES* FLce�O/� ,c,p�/✓f.E /e-/ r /fAr kf G?//:;L LC S/GAF / 4,/ n/Cj LEGAL DESCRIPTION$ CURRENT MORTGAGE$ LENDER: LISTING DATE: SALE PRICE: BUYERS NAME$ CBA$ SIGN$ OFFICE COMMENTS$ Ai2E/4 W-r r- EXPIRATION s;c{ /NC�C./63 cotit i3/nlgno/vs Sp10E MORTGAGE RATE: MORTGAGE PI: DATE$ RENEWALS$ SELLING AGENT: CLOSING DATE$ FINANCE TYPE$ All information furnished to Century 21 Central judged to be reliable, however, no warranty or accuracy or completeness. Property is subject market, all without notice. Gold, Inc., is from sources representation is made as to its to prior sale or withdrawal from �J %0"- -- Z;2, Qnt CE,4 TRAL GOLD IINNC1. 10'121:6,V6CCC PROPERTY ADDRESS �S ^I;•L =��D PROCEEDS STATEMENT SELLING PRICE' Professional fees State Deed tax h�'f Abstract Feed ---- Recording Fee / Assessment Search r ---- FHA /VA Points or CD or Loan Discount Preparation of Deed �U _Sub-total Mortgage Pay -Off Cash to Seller Cash Without Points Ll 0 0 Each Od ce ,s ffdederctmey O*r.M and Oovated , 0 (612,1587-5151 W37 HU7CHINSON, CITY OF HUTCHINSON WASHING ION AVENUE WEST MINN. 55350 October 1, 1986 M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: GARY PLOTZ, CITY ADMINISTRATOR SUBJECT: REPORT ON MEETING WITH SANCTUARY BOARD MEMBERS Regarding the wildlife sanctuary, the Chairman of the Wildlife Sanctuary Board, Skip Quade, and Virgil Voigt met with Mayor Ackland and myself. The sanctuary representatives requested the alternative presented at the September 23 council meeting by the engineer be put temporarily on "hold ", namely a new 240' deep well. Skip and Virgil intend to check out two other alternatives that may be more cost effective. 1. An aeration system 2. Utilizing one or more shallow wells, taking ground water instead of deeper 240' water. In regards to the lateral for water line to the sanctuary: The total cost was approximately $1,300. The club paid $300 and Helen McClure donated $1,000. Regarding the further use of the "buffalo fence ", the sanctuary intends to utilize the fence by having some other animals, possibly elk, in the same area. • (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 October 2, 1986 M E M O R A N D U M T0: MARLOW PRIEBE FROM: GARY PLOTZ SUBJECT: WATER SUPPLY = GOPHER CAMPFIRE SANCTUARY Please be advised on the attached meeting summary that will be reported in the next council packet. In addition, Skip Quade notified the Mayor and myself that a well supplying 100 gallons per minute will not meet peak demand at the sanctuary, at times, 200 gallons per minute are needed in winter to keep the water open. The 240' depth of the proposed will may also pose iron problems, as the screen (acid cleaning for iron deposits) may have to be cleaned every three years, at an estimated cost of $1,500. cc: Mayor & Council (F-d) 9 C� 1r (612)687-5151 JWHUTCHINSON, CITY OF HUTCHINSON WASHINGTON AVENUE WEST MINN 55350 M E M O DATE: October 8, 1986 TO: Mayor and City Council FROM: Director of Engineering RE: Water Tower Maintenance The service contract by Maguire is for twenty years, which covers the guarantee period of the epoxy coating on the inside of the tank. The tank would be inspected every two years at a cost of $1,290.00. Any repair to the epoxy surface would be made at no additional cost to the City. The inspection cost is a fixed amount for each inspection throughout the twenty years. MVP /pv cc: Dick Nagy Ralph Neumann Ken Merrill 0 Marlow V. Priebe Director of Engineering 0 October 6, 1986 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Minnesota 55350 Re: Step III Negotiations Dear Mr. Plotz: o� \ J F 1� , e_ y --K This letter is in response to your correspondence dated September 25, 1986. The letter referred to actions taken at the September 23, 1986 council meeting. Donohue & Associates, Inc, recognizes that the City of Hutchinson is concerned about incurring costs which they may consider unnecessary. We have re- evaluated the fixed fee portion of our project and feel that it is necessary to inform you of some of the items that make up the fixed fee. It is not truly a profit as has been referred to on a number of occasions. Due to the auditing procedures followed by the funding agencies, certain items are not allowed to be included in our overhead calculations. The cost of these items must be considered fixed costs which is part of the fixed fee. A number of those items, which our company must deal with, within this fixed fee area include the following: 1. Bad Debts - Our company, as any other in business, must deal with bad debts, i.e. clients which will not pay their bills. 2. Contributions - Our firm is socially conscious, and does make contributions to groups such as Little League baseball. 3. Cash Flow - In order to meet payroll on a regular scheduled basis, because of cash flow difficulties, we must borrow money. The cost of borrowing this money amounts to $350,000.00 per year. This occurs because, in our type of work, there is anywhere from six weeks to three months before we actually see money from our clients for the work that has been performed. Our employees expect to be paid on a bi- weekly basis. 4. Advertising - Advertising brochures, which were given to each of you during our initial contacts, more than a year ago, are a necessary part of the business when it comes to educating potential clients. The costs of these brochures are also ineligible, but amount to approximately $150,000.00 per year. Donohue & Associates, Inc. 7200 Hemlock Lane North, Suite 200 Maple Grove, Minnesota 55369 Engineers & Architects 612 -425 -2181 9- ?1 Mr. Gary D. Plot2 October 6, 1986 Page 2 5. Client Newsletter - All of you receive a copy of our client newsletter, which describes a variety of projects which our company is involved with. These are used,, obviously for advertising, as well as educating our clients on Donohue capabilities. The cost of this production is $20,000.00 per year. All of the above costs are fixed costs that reduce the "profit" in the fixed fee. Based on our latest financial analysis these items or "fixed costs" total approximately $70,000 of the $143,095 fixed fee. In addition to the above, it would be appropriate to point out that our gross profit is subject to Federal and State Income Taxes which usually amount to more than 50% of the gross profit. Combined with all of the above items you can see that the actual "profit" on a project based on the overall cost of business is significantly less than you may perceive. our construction personnel have reviewed the project and feel that, if the contractor is working on the site April let, that it can be completed, in 17 months without impairing the quality of work. The engineering costs as defined are based on a 17 month construction period. The construction costs will be impacted by the reduced construction schedule. The original 22 months schedule was established based on the norm for construction on this type of a project. As we stated to you earlier, there may be additional costs of construction because of premium time paid by the contractor and /or the need for additional construction crews. As requested we have discussed this matter within our firm based on the revised scope of work we would propose to reduce our fixed fee as shown in your letter of September 25th to $1. i will be attsndin the council meetin on October 14th and look �bl� orwar to d acussing the item s letter with e City Council. If you have any questions, please contact this office. Very truly yours, DONOHUE & ASSOCIATES, INC. Z- rrell F. chneider P.E. Vice Pre s e ichael P. Hoff, P.E. Associate r-� u r� u (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 September 25, 1986 Mr. Michael Hoff Donohue & Associates, Inc. 7200 Hemlock Lane North, Suite 200 Maple Grove, Minnesota 55369 SUBJECT: Change In Work Scope And Negotiations for Phase III - Hutchinson Wastewater Treatment Plant Dear Mike: The Hutchinson City Council at its regular meeting of September 23, 1986 received and reviewed the correspondence from James Miller dated Septem- ber 17, 1986. Specifically, the discussion centered on two separate areas: (1) scope of services, and (2) an offer on the fixed fee (profit). Regarding scope of services, the Council unanimously favored Option III for $1,059,300, plus adding Donohue for all the surveying work at $31,000, thus totaling $1,090,300. Regarding the $143,000 fixed fee profit included in the total engineering fee, the Council is asking for a reduction of the fixed fee from $143,000 to $75,000, therefore a reduction of $68,000. This is il- lustrated as follows: $1,059,300 Reduction in Scope of Services (17 months) 31,000 Surveying Work Added (68,000) Fixed Fee (from $143,000 to $75,000) $1,022,300 Please discuss the above offer within your firm and respond to the City Council in writing. If I could receive your correspondence on or before October 8, 1986, it could be placed on the City Council agenda for October 14, 1986. Lastly, the City Council wanted assurance that the project would be completed within 17 months without impairing construction/ engineering costs or quality. Please respond to this also. Sincerely, eI6� Gary � Plotz City Administrator cc: Mayor S City Council Ralph Neumann Marlow V. Priebe Randy DeVries Ken Merrill Atty. James Schaefer Jim Miller, Donohue ASSESSMENT AGREEMENT eN BETWEEN LOCAL UNIT AND COUNTY ��✓a THIS AGREEMENT is made and entered into by and between the City of Hutchinson and the County of McLeod , State of Minnesota, this 15th day of September 1986 WHEREAS, the City of Hutchinson wishes to abolish the office of assessor for said City , under the provisions of Minnesota Statutes, Section 273.072, and enter into an agreement with the County of McLeod to provide for the assessment of the property in said City by the county assessor: and WHEREAS, it is the wish of said county to cooperate with said City to provide for a fair and equitable assessment of property; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS REREIN CONTAINED, IT IS AGREED AS FOLLOWS: 1. That the City of Hutchinson which lies within the County of McLeod and constitutes a separate assessment district, shall have its property assessed by the county assessor of McLeod County, beginning with the assessment of the year 19 87 , providing this agreement is approved by the Commissioner of Revenue of the State of Minnesota. 2. It is further agreed that the office of local assessor of the City of Hutchinson is hereby abolished, pursuant to this agreement and the approval of the Commissioner -of Revenue, and that such office shall cease to exist for the duration of this agreement, which shall-be until December 31 196. 3, In consideration for said assessment services, the City of Hutchinson hereby agrees to pay the County of McLeod the annual sum of .19,700.00 , such payment to be made to -the county treasurer on or before December 1, 1987 IN WITNESS WHEREOF, the parties have executed this agreement this day of , 19 In Presence Of: In Presence Of: By Attest By Attest For City, Village or Township Signed: For County: Signed: The above agreement is hereby approved by the Commissioner of Revenue this day of , 19 Tom Tripplett, Commissioner of Revenue 9 -a f ryo-VI49 ml,� / I r� + x(672) 587 -5151 CITY OF HUTCHINSON l i7:✓ ; h1f�GT N �bc`Jt -7 VVES M E M 0 DATE: September 18, 1986 T0: Mayor and City Council FROM: Director of Engineering RE: Subdivision Agreement Santelman's Second Addition Attached is the above- referenced Subdivision Agreement for your approval. i MVP /pv attachment Marlow V. Priebe Director of Engineering is SUBDIVISION AGREEMENT SANTELMAN'S SECOND ADDITION CITY OF HUTCHINSON THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between Kenneth E. 6 Marcella C. Santelman, hereinafter called the "Subdivider ", and the City of Hutchinson, a Municipal corporation in the County of McLeod, State of Minnesota, hereinafter called the "City"; WHEREAS, the Subdivider is the owner and developer of a certain subdivision known as SANTELMAN'S SECOND ADDITION, which is located in the City of Hutchinson, and; WHEREAS, City Ordinance No. 464 and 466 requires subdividers to make certain improvements in the Subdivision; NOB, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. It is understood and agreed that water and sanitary newer mains are inplace on Paul's Road and Hilltop Drive, that will serve all lots in this Subdivision. 2. It is understood and agreed that the Subdivider will install sanitary sewer and water service leads to all lots of this Subdivision by November 11 1986. 3. It is understood and agreed that all grading in the rear and side yard utility easements will be completed by the Subdivider before a Building Permit is issued for any lot in the Subdivision. 4. It shall be the responsibility of the Subdivider to clear trees and /or debris from utility easements, as per the request of the utility prior to installation of the facility. 5. It is understood and agreed that all electrical and gas lines in easements that may have to be moved by request of the property owner, will be done at said property owners expense. 6. It is understood and agreed that the grading and gravel sub -base, curb and gutter and surfacing improvements on Hilltop Drive are programmed and that the costs that are assessable to the Subdivision will be assessed as follows: Lot 1 - 1/7 Lot 2 - 3/7 Lot 3 - 3/7 Said improvements say be completed under more than one contract. Each contract shall be assessed as shown. 7. It is understood and agreed that the grading, gravel base, surfacing and curb and gutter improvements of Paul's Road are programmed for q_91 - . SUBDIVISION AGREEMENT SANTELMAN'S SECOND ADDITION CITY OF HUTCHINSON PAGE 2 1989 and that the costs that are assessable to the Subdivision will be assessed on a front foot basis. 8. It is understood and agreed that future storm sewer will be constructed in the area of Santelman's First Addition that will serve part of Santelman's Second Addition, the cost assessable to Santelman's Second Addition will be on a square foot basis. 9. It is understood and agreed that the following improvements have been completed by the City and the assessments shown have been deferred: Roll Original Date No. Type Interest Principal` Adopted 58 Grade 8 Gravel 7.00% ; 829.85 8 -12 -75 59 Watermain, Sanitary Sower do 7.00% ; 19800.00 8 -12 -75 Storm Sewer 73 Curb & Gutter A Bituminous 7.00% ; 39677.53 8 -22 -78 Surfacing 80 Sanitary Sewer B Watermain 7.00% ; 26,159.64 8 -26 -80 90 Sanitary Sewer A Appurt. 10.50% ; 61663.90 6 -30-81 92 Lateral Storm Sewer 10.50% ; 59165.88 7 -28-81 It is understood and agreed that the following, present principal assessment amounts for the above - referenced improvements, will be activated and charged to Santalman's Second Addition. Roll No. Original Principal Present Principal 58 ; 140.63 ; 248.92 59 ; 305.04 ; 539.92' 73 ; 623.58 ; 972.78 80 ; 9,621.34 ;139662.30 90 ; 61663.90 ;10,162.45 92 ; 59165.88 ; 79877.97 It is understood and agreed that the above - mentioned activated present principal assessment amounts will be assessed on each lot as follows: E 0 SUBDIVISION AGREEMENT SANTELMAN'S SECOND ADDITION CITY OF HUTCHINSON PAGE 3 Roll No. Lot 1 Lot 2 Lot 3 Interest Rate 58 $ 35.56 $ 106.68 $ 106.68 7.00% 59 $ 77.14 $ 231.39 $ 231.39 7.00% 73 4 138.96 $ 416.91 $ 416.91 7.00% 80 $ 11951.76 $ 59855.27 ; 59855.27 7.00% 90 $ 19451.77 * 49355.34 % 4,355.34 10.50% 92 $ 11125.43 $ 39376.27 * 3,376.27 10.50% The assessments may be certified over a ten year period. Each years certification will be 10% of the present principal, plus interest, based on the rate for each roll. The Subdivider hereby waives all rights to a public hearing and appeal to the above - reference assessments to be activated for each lot in the Subdivision. The waiving of all such rights shall be binding upon and extend to the heirs, representatives, assigns and successors of the Subdivider. 10. It is understood and agreed that the Subdivider will make a cash contribution to the City of Hutchinson for Parks and Playground for Santelman's Second Addition in the amount of #478.94, which is for one dwelling unit per lot. Charges for additional dwelling units per lot will be due at the time a Building Permit is issued and the cost will be according to the City Fee Schedule for additional units at the time said permit is issued. 11. It is understood and agreed that to fulfill City Policy, two trees will be provided in the margin (boulevard) of each lot. The Subdivider or property owner shall purchase from the City and pay one half the cost of said trees and the City's portion of the payment for the trees shall not exceed %10.00 per tree. Said trees shall be planted by the property owner. The Subdivider hereby petitions the City to install two trees per lot and assess the properties in the subdivision, the cost less allowed City's portion of said cost. Said installation to be included in the last assessable improvement to be installed for the subdivision. All trees installed at the time of said last assessable improvement will be credited to the properties where the trees are located. Species selection will be determined by the Tree Board. Should the Subdivider or property owner wish to plant a tree which deviates from the selected specie list, he /she must present his /her request to the Tree Board. SUBDIVISION AGREEMENT SANTELMAN'S SECOND ADDITION CITY OF HUTCHINSON PAGE 4 The City will, at no charge to the property owner, replace any tree which dies within one year of the time of planting. 12. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 13. It is understood and agreed that it is the responsibility of the Subdivider to record this agreement at the County Recorder's Office and that no Building Permits will be issued until said Agreement is recorded. IN WITNESS THEREOF, said Kenneth.E. Santelman and Marcella C. Santelman, have hereunto set their hands this _ day of , 19_. Kenneth E - Santelman Marcella C. Santelman STATE OF MINNESOTA The foregoing instrument was acknowledged before N COUNTY OF day of , 19_, by Kenneth E. Santelan and Marcella C. Santelman, husband and wife. Notary Public, County, Minnesota My Commission Expires Approved by the City Council on the day of , 19,. CITY OF HUTCHINSON Its Mayor Its City Clerk STATE OF MINNESOTA The foregoing instrument was acknowledged before me COUNTY OF this day of , 14, by Paul L. Ackland, Mayor and- Plota, City Clerk. Notary Public, County, Minnesota My Commission Expires 0- MINUTES AIRPORT COMMISSION Monday, September 15, 1986 Members present: Chairman Doug McGraw, John Miller, Randy Suboltz and Councilman Pat Mikulecky Members absent: Don Pankake and Ed Connelly Invited guest: Jim Weckman The meeting was called to order by Chairman Doug McGraw at 7:00 p.m. and the following business matters were discussed: Considerable discussion followed regarding the applications received for the manager /mechanic position. (List attached) After reviewing a prior job description and changing the wording slightly, Ralph Neumann was directed to mail this job description along with a letter commenting that a certain amount of negotiation may be necessary to satisfy the applicants. A motion was made and unanimously passed that the City not try to enter into the ASCS set aside farm land program. A motion was made and unanimously passed not to install radio controlled runway light s as not beinasnst effective (: A motion was made and unanimously passed to seta gas fuel mark -up - policy of taking the cost of fuel plus freight, adding a 15% mark -up, plus aviation fuel tax, plus 5.05 per gallon. This formula will be for both 80 and 100 octane fuel. �— Ralph Neumann was instructed to send a letter to Clayton Peterson, Leo Lamecker and John Miller informing them they have 90 days to replace their aircraft or they will loosek = ^ ^ =r -�n?rP The City policy on allocating hangar space was reviewed and approved. Residents living within the city limits have priority in obtaining space, all others will be on a waiting list with the individual at the top of the list being first to acquire hangar space. No fee will be changed for open air down Ralph Neumann mentioned his conversation with Gary Plotz regarding any personal liability which Commission members may occur because of their association with the airport. They were assured that according to Gary Plotz they were covered under the City's insurance policy. Neumann commented that skirting around the CAP trailer should be Installed shortly, also their electric meter charges will go directly to the CAP. • The Commission was brought up to date on the purchase of a new unicom radio in conjuntion with state funds. Jim Weckman commented that a friend of his is willing to build a hangar on airport land if an agreement can be worked out. Doug McGraw will appear 1 C7 �(�� r' HUTCHINSON JAYCEES FOR SPANKEY'S City of Hutchinson FEE: Z APPLICATION FOR GAMBLING DEVICES LICENSE Approved by: Buildin Fire Application shall be submitted at Police least _ days prior to the Gambling occasion I, L. WE�MwJb AND I, 7Z L C-, klk,q FT Name of Authorized Officer of Name of Designated Gambling Organization Manager Hereby submit in duplicate this application for a license to conduct the game of bingo in accordance with the provisions of the City of Hutchinson Ordinance NO. 655 and Minnesota Statutes Chapter 349 for the license year ending Signet ..� cer of Organization organization A. The following is to be completed byt/the duly authorized officer . of the organization: 1. True Name: uu__srL0Wb �1CI4KiL� LEE (last) (first) (middle) 2. Residence Address: 719 SHAbY -R1t c3z-R-b. N%j,cj4,NSor4 4 MN. 55360 (street) (city) (state) (zip) 3. Date of Birth: 10 ) 4. Place of Birth "VTLk++NSo^J,MN - (mo /day /year) (city /state) 5. Have you ever been conviFted of any crime other than a traffic offense? Yes No �_ If Yes, explain B. The following is to be completed by the designated gambling manager of organization: 1. True Name: k0tzRF'T ZO-5--L C" (last) (first) (middle) 2. Residence Address: J1UTCH /NSar�� MN. 55-35b (street) (city) (state) (zip) 3. Date of Birth: 4. Place of Birth: WMrJ41u6-rcij MN (mo /day /year) (city /state) 5. Have you ever been conv)gted of any crime other than a traffic offense? Yes X No . If yes. explain 6. How long have you been a member of the organization? 7. Attach a copy of the official resolution or official action designating you gambling manager. C. Game Information: 1. Place where gambling devices will be used 13PAnil<yS 2. Date or dates gambling devices will be used MoYabAy -rM,.j 5AiJ1ZMy (date and /or day(s) 3. Hours of the day gambling de -�;s will be used: of week) From 8'00® To y_i_ P.M. t 4. Maximum number of players 5. Will prizes be paid in money or merchandise? Moni 'Er 6. Will refreshments be served during the time the gambling devices will be used? Yes C No If so, will a charge be made for such refreshments? Yes - NO D. Organization Information: 1. Address where regular meetings are held CX�tiJ-VIV R Crxx4lMY C.LJ6 2. Day and time of meetings )ST THJRS -bAY D'F EACA MoNTt1 -7-.3C PM 3. Is the applicant organizati n organized under the laws of the State of Minnesota? Yes No 4. How long has the organization been in existence? 4L YEFMS 4a. How many members in the organization? rj C> 5. What is the purpose of the organization? t'1OM97-pFa CT 12R1»r*J 6. Officers of the Organization: Name Address Title 7%C -1AKb h >TLvl�b ?19 SHKDYTIbG ---V-b - VkuTCVNW-J 'MZrS1jLt r �ZsbHlv13ELicmP1j 'IS5 /DTI-{ RVr. . N.t. ikuTUiaf+5oa/ S RfT -ARY MJ� 0- SukALL 584 CQ1jSL5:- H%)7ZHiW -,wJ J- RYJASUR�R 7. Give names of officers or any other persons paid for services to the organization: Name Address Title fgMV1rj MZSSNM "671 sru AVt 5!J Hv- M1+PJ50f-J VT (OMA)UrvIr/DEV M IKE �'SUMC- — 12oO -Utj& b-rb 1Av7tHiAj5orJ VTR s►aVMuPrLtiE.V: D. Organization Information: (Continued) 8. In whose custody will organization records be kept? Name Z,Sot- L kZaPT Address 7 -Vt'r -*t F4Vrtku&6t*4 Ai At 9. If the organization carries sufficient insurance to compensate the players in the event any injury is sustained by players while gambling devices are used, or while on the licensed premises, please state the Name of Insurer 5� 1 tn' and Policy No. _RNMAA G 10. Have you (Manager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices? ' 11. Attach a list of all active members of the organization. E. The following information is provided concerning a fidelity bond given by the gambling manager in favor of the organization. 1. Name of bonding company W ST'c"Q.N 5UJ ?%- 'i 2. Address of bonding company " FALtc, 5ouTH ! 3. Amount and duration of bond 10,= j j*AR 4. Application is hereby made f waiver of the bonding requirements., Yes No I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 655 relating to gambling, and I will familiarize myse,W Vith the contents thereof. Signa Date: FKxtoIP*tJ I — zed officer Subscribed and sworn to before me a notary public on this 19 Signature of Notary Public Commission expires on aTion day of Subscribed and sworn to before me a notary public on this day of 19 Signature of Notary Public Commission expires on Social Security Number: MN Business ID Number: 41 —i43oc&o t 4 0 Hutchinson Utilities Commission Hutchinson, Minnesota 225 micmgan street 55350 E. "Bud" Daggett President Theodore Beatty Vice President Thomas B. Lyke Secretary Ruth akel Interim Manager Tel. 612/587 -4746 October 6, 1986 Honorable Mayor Paul Acklund and City Council City of Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 RE: Power Factor Rate Reduction Dear Sirs: Hutchinson Utilities Commission is aware that a number of customers have experienced difficulty in managing their power factor at the 98% level which has been in effect under the Large General Service rate. Effective with the October billing, Hutchinson Utilities Commission would like to reduce the power factor require- ment from 98% to 94 %. This is a level which can be more economically obtained and managed. Hutchinson Utilities Commission will work diligently with all customers to resolve any problems involving the implementation of this new rate. is Enclosures Very truly yours, HUTCHINSON UTILITIES COMMISSION Rut Hakel Inte im Manager HUTCHINSON UTILITIES COMMISSION ELG -10 -86 ELECTRIC LARGE GENERAL SERVICE CODE 040 CODE 041 APPLICABILITY: Applicable to any customer for combined power and lighting with a minimum demand of 50 kilowatts for single or three phrase electric service supplied through one meter at the secondary voltage at that location. Demand Charge: $3.65 per kilowatt of demand per month. Energy Charge: First 2000 KWH per month - -- 6.08t per KWH Next 2000 KWH per month - -- 5.021, per KWH Excess KWH per month - -- 4.491 per KWH MINIMUM MONTHLY CHARGE: 753 of the maximum demand charge. SERVICE AT PRIMARY VOLTAGE: If service is taken at the primary voltage available at the customer's location and the customer assumes all cost of owner- ship, maintenance and replacement of connection facilities except metering, a discount of 53 will be allowed. This adjust- ment includes the discount for primary metering. METERING AT PRIMARY VOLTAGE: If, at the discretion of the utility, service is metered at primary voltage, a 23 discount will be allowed on energy charge. The above rates are based on an assumed average monthly power factor of not more than 943. Under no conditions shall the power factor be allowed to go leading. The power factor may be determined by permanently installed metering equipment or by periodic tests under normal operating conditions. The Commission reserves the right to measure such power factor at any time. If the power factor is below 943, the demand for bill - ing purposes shall be the metered demand multiplied by 943, and the product thereof divided by the monitored power factor in percent. No adjustment shall be made if the power factor is 943. This rate is subject to Power Cost Adjustment 11 EXAMPLE Customer with an 80% Power Factor and 200 KW Demand Present rate schedule 200 KW x .98 power factor = 196 KW 196 KW + .80 power factor = 245 KW 245 KW x $3.65 = $894.25 Customer with an 80% Power Factor and 200 KW Demand Proposed rate schedule 200 KW x .94 power factor = 188 KW 188 KW + .80 power factor = 235 KW 235 KW x $3.65 = 857.75 Savings $ 36.50 u APPLICATION FOR DEFERRED SPECIAL ASSESSMENT BY PERSONS 65 YEARS OF AGE OR OLDER FOR UHOH IT WOULD BE A HARDSHIP TO MAKE PAYMENTS To the Mayor and Coun/c�il, City of Hutchinson, State of Minnesota. I, L[7 i Cs N one am outer- occupant of the. following described real estate situated in the City of Hutchinson. LEGAL OR TAXABLE DESCRIPTION '4 B T y 3 ja 1C I am 65 years or older and do own and occupy above described real estate as my homestead. A special assessment in the amount of $tea /y (� bas.been made commencing in the year ! 9 h _ with interest at the. rate of 6, d% % for of Special Asses Such special assessment amount causes a hardship for me to make payment thereof. The following information will help substantiate my.claim for deferral of special assessmentss Annual income from all sources Cash assets Other assets Estimate Value of Residence Other Real or Personal Property 1 _/I 1 hereby request that above assessment of $ ,2ti�o S be deferred as provided in Chapter 206, Lava 19749 68th Legislature, Second Regular Session, M.S. 444.22 Througb 444.24.- I hereby declare that the foregoing statements are true and I /we make app- lication for deferral of special assessments as outlined beiein. Applicant cj_- ' APPLICATION AND AUT ORIZAii0 :: FOR DELAYED PAT, "'C' T OF TAX ON SPECIAL "ASSESSIEUS FOR SENIOR CITIZENS' HO:. =STEAD LADS 1974, ,CHAPTER 206 STATE OF I•IIN . "E'SOTA County of . MO 019A ) Date To: Assessor of MQ n Je C>A _ County, Minnesota I. the undersigned, declare under penalties of perjury: That I reside at That I am not less than 65 years of age and that the date of my birth is y77-clj I? That I am the owner of the property legally described as: f : That my interest in the ownership of the above property was acquired on ' A re- 191 and is as follows: 1. Sole ownership (Enter yes, if applicable) ,t.._ O L PS N o.J Ly- 2. Joint tenancy, held with 3. Other undivided interest (Specify) That on January 2., 19_7_Q_ or June 1, 19-2Q I oe:ned and occupied the above property as homestead and such occupancy began on .S1A;r 19 W 0 That the taxes for improvements on t iai assessn.as duly ache ted fi ordinance by the of /'Yy�, as of which have been a ocated against .e subject property would crew undue personae ha d M0 on my behalf and I respectfully request that payment be delayed and that such taxes be so deferred for- the years 19 to i 9 r/� L .el* E '0'r, .rAS f Signed (y Q:: -� Owner I, Clerk of the of in County, State of Hinnesota, do hereby certi y that the applicati of above named, has been duly reviewed and that in actor. ante with the minutes. of offic'ta - record in said chambers was duly Q APPROVED or Q DERIED as of 19 That in accordance with approval granted, that the taxes on the affiants subject property levied for annual collection in the amount'of S for the year(s) should be so deferred with interest at the annua -T ate of %, until such tirp as it deemed the applicant no longer qualifies or the property loses its eligibility._ - Dated 19 (Clerk or Authorized Deputy OFFICE OF REGISTER OF DEEDS ) :)'FATE OF ;1IN lESOTA ) WC ty of I hereby certify that the trithin Authorization was filed in this office for record on the day of A.D. 19 at o'clock ;t., and that delayed payrients in the anount of for each of the y _ ears 19 —75 —19 , subject to annual rates of interest fixed at _ - -A was duly recorded in Book , on page 40 BY Register of sods -- Deput, ASSESSORS' ORDER AtIDJOR NOTICE OF TERMINATION ON DcrERPED TAX FOR ccpimR CITIZENS I certify that I have reviewed the application of - "- herein named, that it has been duly approved and that taxes levied for special assessments under the subject ordinance have been officially deferred in the arount of $ for each of the following year(s) , subject to annual interest fixed at 0 as recorded in Book Page of the records in the Register of Deeds office in this county, and it s so ordered -- Date of Approval The above order terminated this Reason(s): 0 19 County Assessor OR day of _ 19 County Assessor August 1, 1986 Louis E. Henke 1086 Bradford St. Hutchinson, MN 55350 (612) 587.5151 ITY OF HUTCHINSON VASHING TON AVENUE WEST :HINSON, MINN, 55350 This will certify that there is due the sum of $262.50 for WEARING COURSE OVERLAY AND APPURTENANCES ASSESSMENT ROLL NO. 214 Parcel No. 07- 116 -29 -03 -0600 Property Description: Lot 43, Bl.k- 1, Oak Park 2nd Add. This assessment may be paid in full at the Office of the City Clark with no interest charged if payment is made by October 1, 1986. Partial payments may be made initially, but in the event that a partial payment is made or no payment is made before October 1, 19869 the unpaid balance will bear interest at a rate of 6.2% per annum for the remaining 3 months of this calendar year. The amount of interest at the time of certification will be an actual 7.75% of the principal amount (15 months at 6.2 %). The amount of interest plus 1/10 of the principal sum unpaid will be certified to the County Auditor for collection in the same manner as real estate taxes. In subsequent years, the amount certified each October will be 1/10 of the original principal amount plus interest for the ensuing calendar year at the rate of 6.2% of the unpaid balance. The unpaid balance may be paid in full at the Office of the City Clerk at any time prior to November 15th in any year. However, partial payments CANNOT be accepted in any year after the initial certification. n Gary D. Plotz City Administrator i- �, (612) 587 -5151 F CITY Of HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 October 2, 1986 M E M O R A N D U M FROM: GARY PLOTZ, CITY ADMINISTRATOR SUBJECT: UPDATE IN EXISTING POLICY FOR RENTAL OF CITY HALL Attached is the existing policy for rental of city hall. There was some concern that "private profit making" organizations are not an appropriate purpose to rent city hall; namely the example of the hearing aid firm from out -of -town. Therefore I would suggest that the following provision is added to the existing policy: . Eligible Organizations - Only the following types of uses are permitted in city hall • City activity including committees, boards, commissions and auxiliaries • All other governmental activity, including school district, county, regional, state and federal governmental activity • Local community service groups • Local religious groups ( ?) • Other local non - profit organizations CITY OF HUTCHINSON REGULATIONS FOR RENTAL OF CITY HALL FACILITIES I. Responsibility for Building Rentals %rte =7C 7' City Hall Facilities - Office of City Clerk - Specifically, the Receptionist. II.^ Application for Reservations All reservations for facilities will be taken on a basis of first come, first served. Reservations shall be made by application and shall be appreoved by the ��1 ffOn?, 'S,rkf�CV� III. Rules for Building Use 1. An adult must supervise the activity for which the building is rented, and shall be responsible for the care of any City -owned equipment. 2. No liquor shall be served in City Hall. 3. Prepared snack -type foods may be brought in under the deposit arrenge- ment. Extensive preparation of foods may not take place in the building. Coffee may be prepared in electric percolators belonging to the organi- zation requesting this privilege. No city -owned coffee makers will be used. 4. The City of Hutchinson reserves the right to deny the use of City facilities to any person or group who violates any of the building rules, or any civil, state or local laws. Any person violating these rules or laws will be asked to leave the premises immediately. IV. Deposits All organizations except those exempt in Section VII shall be required to make the following deposits: A. A custodial deposit fee of $20 is required at the time of application. No custodial deposit is required during City Hall hours. B. An additional $10 deposit fee is required in cases where food will be served. V. Custodial Charge Al IA"Aganizations, except those exempt in Section VII, shall be responsible for a custodial charge of $5 /hr. (minimum charge - two hours), unless activity is during City Hall business hours. In cases where doors have to be opened and closed, the minimum custodial charge applies. If the activity exceeds two hours, the type of activity will prescribe whether or not the continuous presence of the custodian is needed, as determined by the "z''?'+ Room Rental Regulations Page 2 VI. Room Rental Charge All organizations except those exempt in Section VII, shall pay the following • daily rental charges: Meeting Rooms - - - - - - - - 2 Hours or Less - $ 7.50 4 Hours or Less - 15.00 Over 4 Hours - 25.00 VII. Exemptions All City of Hutchinson departments (auxiliaries), committees, boards, com missions, and other governmental and political activities are exempt from deposits, custodial Charges, and room rental charges. Religious groups are not exempt. Additional exemptions may be approved by the City Council. FA 0 -- Mm- 0 0 1] (672) 587 -5151 ITY OF HUTCHINSON VASHING TON AVENUE WEST ANSON, MINN. 55350 October 2, 1986 M E M O R A N D U M TO: MAYOR AND COUNCIL FROM: GARY PLOTZ, CITY ADMINISTRATOR SUBJECT: CONTINUATION OF INSURANCE CONSULTANT AGREEMENT The City employs Mark Flaten, American Risk Services, to provide his expertise on reviewing the City's insurance coverages and start a risk management program. Each entity (Hospital, Burns Manor, Utilities, and City) was included in his service agreement. On an annual basis, each entity would pay $2,400 for a total of $9,600 /year or $800 /month (all entities). The initial agreement was for two months. The accomplishments were as follows: 1. Transition from Home Insurance (former carrier) to the League of Cities carrier; review of new contracts, including depth of coverages and exclusions. 2. Negotiated down the method of service charges with local agent. 3. Negotiated from a position of no river dam coverage whatsoever to a point of obtaining coverage for personal injury (acct ents, etc.) with the only exclusion being for damages and injury resulting from bursting of the dam. 4. Recommended raising the city's deductible to $5,000 per occurrence. This has been implemented and has resulted in a premium reduction of $40,766. 5. Met with some of the City directors, thus far, and personally visited several City departments to become knowledgeable of the potential liability exposures. This is a first step in his risk management program. In conclusion, the expertise has been valuable to the City. I would report that each of the other entities (Hospital, Utilities, and Burns Manor administrators) desire the expertise of Mark Flaten to continue. cc: Phil Graves Mavis Geier Ruth Hakel Ken Merrill 0 American Risk Services, Inc. RISK MANAGEMENT CONSULTING AGREEMENT RETAINER SERVICES PROPOSAL Risk Management Consultants Northwest Business Campus in 3033 Campus Drive Suite A alb Minneapolis, MN 55441 -2620 (6I2) 559 -7300 Client hereby retains American Risk Services, Inc.. to provide services relating to its risk management program in accordance with the following: 1. Nature and Term of Service. The Consultants will provide risk management consulting services to the Client designated below as set forth in the proposal dated May 15, 1986. 2. Duties of Consultants. In performing the consulting services, the Consultants will meet with Client's personnel and assist them as may be directed by the Client. The consulting services shall consist of providing Client with day - to-day advice concerning risk identification, risk analysis, risk control, funding, and other areas related to risk management. 3. Consulting Fee. Client shall pay to the consultants an amount of 800.0 in advance each month for the duration of this Agreement. Expenses arising from travel outside of the Twin City Metropolitan area will be billed separately. L a' �lrulri3 4. Duration. This agreement will be for the duration of ame-7e %m&vam the date stated below. Usiommay G11-as has - - -r t-l-- to aLocantJ=o sera *ices- on- Septembe- _- :; -a�p6. At the conclusion of this term, the retainer services and fees may be renegotiated by either party on the anniversary date of this Agreement. AMERICAN RISK SERVICES, INC. CITY OF HUTCHINSON B :X4— y rk T. Platen (Title)_ President Date: Sr ¢ti 7 By / (Title) Mavor Date: May 28, 1986 By � AA /7/54 (Title) ity Administrator 0 A (612) 567 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 July 1, 1986 Mayor Paul Ackland and the Hutchinson City Council RE: STORAGE OF ABANDONED OR JUNKED CARS AND TRUCKS Dear Mayor Ackland: At the last Hutchinson City Council meeting I was asked to research the possibility of amending our current ordinance dealing with unlicensed, wrecked or junked cars or car bodies. This topic is currently dealt with in Section 1028:10 Subdivision 4 of our ordinances. I am enclosing a copy of that ordinance for your inspection. • The League of Minnesota Cities provides a Model Nuisance Ordinance. Section 13 of that model ordinance deals with automobile bodies as a nuisance. _I am enclosing a copy of that section for comparison with our current ordinance. i am also enclosing a copy of a more detailed ordinance regulating junked motor vehicles. This model ordinance is taken from volume 1B of Matthews Municipal Ordinances. I believe that this ordinance is more in keeping with the Council's desires to have a more detailed set of regulations governing junked or abandoned motor vehicles. You will note that Section 2 of this proposed ordinance specifically makes it a separate violation to remove a junked motor vehicle from one prohibited area and move it to any other area upon which storage would not be permitted or unto a public highway or other public property for purposes of storage. This prevents an owner from playing "musical chairs" with the junked or abandoned cars. The question was raised as to the proper method of handling the so- called "classic cars ". I suggest that the proposed ordinance specifically exempt classic cars registered under the provisions of Minnesota Statutes 168.10 if such properly registered cars are stored in compliance with the provisions of Minnesota Statutes 168.10 Subd. 1E. This subdivision permits outdoor storage of pioneer, classic, collector vehicles, or street rods, licensed or unlicensed, 9- 4. Mayor Paul Ackland July It 1986 Page Two e or inoperable R on their owner's property sect on a so nd catea that the a--- ppropriate ocal agency or authority may inform an owner of his failure to comply with that requirement and may order the vehicles removed from the outdoor storage area if the owner fails to comply with these requirements within twenty (20) days after the warning. It seems to me that the proposed ordinance, when combined with Minnesota Statutes 168.10 adequately deals with not only junked vehicles but the so- called "classic cars ". The City may not prohibit the storage of classic cars but the State Statute authorizes us to have them removed if they are not screened from ordinary public view. Since that appears to be the thrust of the nuisance complaint, compliance with that section should satisfy the municipality and local residents. Of course, even if the automobiles are classic and are stored in a manner in which they are screened from ordinary public view if the vehicles do in fact constitute a health or environmental hazard (attract rats, mice or other vermin), they may still be required to be removed or properly maintained. f" Please review these various sections and provide me -[with your thoughts on this matter. Sincerely yours, CITK OF HUTCHINSON_ By/1 1 M James H. Schaefer Hutchinson City Attorney JHS:dlp Enclosures 0 0 0 0 0 0 T Y OF HUTCHINSON ,:- .' ✓�SHA'JGTONAI. ErVL'E ✓L'EST M E M 0 DATE: October 6, 1986 TO: Mayor and City Council FROM: Director of Engineering RE: Maplewood Academy Ditch Assessments Attached is a copy of the data submitted by the County relative to the above- referenced assessments. According to my information, the City Storm Sewer System was installed in 1962. MVP attachment Marlow V. Priebe Director of Engineering 17 � � / , I Iffiri'l[rud Tounty Edward ids County Auditor 1 GLENCOE, MINNESOTA 55336 • Phone [6121 8645557 ext. 210 September 29, 1986 Marlow V. Priebe 37 Washington Avenue West Hutchinson, MN 55350 Dear Mr. Priebe: In response to your letter of September 25, 1986 1 have researched the ditch files for the past 25 years on ditches 18, 20 and 31. The table below shows the assessments that have been paid to each of these ditches by the Minnesota Conference of the Seventh Day Adventists. MAPLEWOOD ACADEMY DITCH ASSESSMENTS CD #18 CD N31 CD #20 1986 5 750.00 $ 227.74 1984 150.00 1983 150.00 $ 34.20 1976 75.00 1975 75.00 1970 150:00 1967 75.00 1966 150.00 1963 187.50 1958 375.00 1971 256.50 If you have any questions, please feel free to give me a call. El:cf cc: Lyndon Furst Sincerely, � Edward ide, McLeod County Auditor McLeod County Equal Opportunity Employer i (672)587 -5151 Ni rH' CITY OF HUTCHINSON 000 �- 37 WASHINGTON AVENUE WEST HUTCH /NSON. MINN 55350 October 8, 1986 TO: MAYOR & CITY COUNCIL -------------------------------------------------------------- FROM: KEN MERRILL, FINANCE DIRECTOR -------------------------------------------------------------- SUBJECT: COUNTY DITCH 18 ASSESSEMENTS -------------------------------------------------------------- In 1986 the City of Hutchinson was assessed by McLeod County a total of $656.66 for County Ditch 18. This was assessed against the following properties: • Lot 4 & Part of Part of Ahren's Lot 6 (Cos C 5 & lot lot Hig L of part 10 & to & eland stre of B blk 14 N 1J2 of City 14 15 park Lot 1, 14, & 15 blk 2 S 112 of City ?ts etc. in area benefited by C D 18) 9 --rn V,Y Parks • Recreation • Forestry • Civic Arena 900 Harrington Street • Hutchinson, Minnesota 55350 • (612) 597 -2975 TO: Mayor 6 City Council FROM: Bruce Ericson, Parks 5 Recreation Director DATE: October 7, 1986 SUBJECT: User Fee At the October meeting the Park S Recreation Board discussed the user fee policy and recommends the following proposal(attached page). This only reflects a policy change and will not affect the revenue figures established in the 1987 budget. 9 -/rV. CURRENT USER FEE SYSTEM 0 $8.00 pen ptayen Got each ptuon on the .team 4o6teA. Example: Team A -10 ptayeu (14 game 4ea6on) - $80 Team 8 -15 ptayeu (12 game 4ea6on) _ $120 Atthough Team A ha6 move game6 in tki,6 £¢ague, Team B pay 50$ mote than Team A. Other %ea6on6 bon change: Roateu mu6t be checked by 4ta66 Aegutz%ty to a66ure that att paAtisipant6 have paid. 2. Team not cattycng jutt uateu, due to the added expen6e, .cncAea6e the numbeA of SoAj" in League and pobt 6eabon toutnament6 (inctudi.ng dt6tAict and 6tate touuamenU ) 3. Addi ti.onb to robteu aSteh the 6taA,t o4 a 6eaaon requite extra payment6 to be made, which 4e6utt in mote admin.i.- 4t4ative pape&wxk. PROPOSED USER FEE SYSTEM 0 $6.75 change pert team Son u6e o6 count oA 6.ieetd Got one hour. Exampte: Team A -10 ptayeu (14 game beabon) _ $94.50 $9.45 peA. playeA on 674 pet game peA penbon Team B -15 ptayer6 (12 game 6ea6on) _ $81 $5.40 pen ptayeA ox 454 pet game pen peuon OuA ptebent budget catt.6 jot a minimum revenue o6 $80 per team jot ba6ketbatt 8 vottegbatt and thi.6 wilt be met .6 nc.e none of ouA teague6 run te66 than 12 week6 112 X 6.75 - $81). In 6o6tbatt the minimum See .c6 $120 pe& team which would kequite at teat an 18 game 6chedute..inetudi.ng ptayojjb (18 X 6.75 = $121.50). Th.i6 pa6t 6ummen the average 6ehedute .inetuded appnoximatety 20 game6 jor each team. Since both 4oStbatt and voY.teybatt u6uatty have ten ptayeu .in- votved during a game, the See break6 down to 67.54 pen ptayet SoA each game played. 0- G/ (612) 587.5151 F C/TY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 October 8, 1986 M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: GARY PLOTZ SUBJECT: POLICY FOR EXTRAORDINARY WASTEWATER RELEASES (example: LACTOSE) The attached bill has been reviewed by Marlow, Ken, Ralph and myself. It is our recommendation that the following policy be implemented, as we anticipated more of these types of waste releases in the future. "The city shall be reimbursed the actual costs of treating the waste; plus fines, if any; plus a surcharge of $500 or 10% of the (actual cost plus fine), whatever is greater." In this particular case this billing would be: Actual cost $ 522.58 (see attached memo) Fines -0- Surcharge (minimum) 500.00 $1022.58 cc: Randy DeVries Ralph Neumann Ken Merrill Marlow Priebe 9 (612) 587.5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN, 55350 M E M O R A N D U M DATE: September 9, 1986 TO: — Ken Merrill - - - ^ -- - -- - -- -- FROM: — Randy DeVries — — — — — — — — — — --- -- - --- SUBJECT: Billing of Hercules for Lactose — — — — — — — _ — — — The following are the actual costs for treating the waste from Hercules from August 19, 1986 - August 21, 1986. 1. One 40 h.p. air blower - $40.00 /day for six days $240.00 2. Manpower - six hours 105.00 3. Polymer for_dewatering 87.58 4. Sludge pumping 35.00 5. Sludge dewatering 55.00 $522.58 CC: Marlow Gary Ralph 0- s a EMers mW lt�'m �-- 1EADENS IN PUBLIC FINANCE October 14, 1986 Mayor and Members of the City Council 37 Washington Avenue West Hutchinson, MN 55350 Re: Public Utility Commission and City Financing and Tax Reform Act of 1986 Dear Mayor and Council Members: It has been brought to my attention that the Public Utility Commission will be asking the City Council to approve the issuance of bonds. The new Tax Reform Act contains conditions and limitations regarding the issuance of debt by a city, including these bonds, for all its municipal purposes. Unless careful planning and coordination of all municipal issues is • undertaken, some of the bonds could be issued at higher than necessary rates. Notwithstanding actions of the P.U.C., these bonds will be City of Hutchinson debt bearing the name of the City of Hutchinson. To insure that these bonds are offered in the market in the same manner as other City issues, it would be prudent and responsible for the City to select its Financial Advisor and Bond Counsel for this issue. The City Council will also be assured of coordination of all financings, especially during the next fifteen months when City needs for the Wastewater Treatment Facility and 1987 improvements are critical. If the Public Utility Commission desires to engage separate finance and legal advisors, they may do so. However, to maintain the City's rating, it will be necessary to prepare a comprehensive plan and presentation to convince Moody's that the City merits an A rating. • During the past few years we have been asked by City officials to provide advice to City agencies such as the Nursing Home Board and Housing and Redevelopment Authority. Most recently the P.U.C. requested advice regarding this issue. We endorse the planning that has taken place in Hutchinson and encourage the City to continue. OFFICES IN MINNEAPOLIS AND WAUKESHA 507 Marquette Avenue • Minneapolis. MN 55402 - 1255.612- 339 -8291 •Mayor and Members of the City Council October 14, 1986 Hutchinson, Mn Page 2 I recommend the City Council authorize and direct Ehlers and Associates to assist City staff in preparing a comprehensive plan for the City's upcoming financing requirements and prepare an Official Statement for an offering prior to December 31, 1986. The plan should be the most responsible financing package considering the Tax Reform Act of 1986 and the City's prior 1986 outstanding offerings. It would be advisable to authorize Dorsey and Whitney as bond counsel. Very truly yours, 6HLE S iD ASSOCIATE C. illiam E. Fahey President and Chief Executive Officer WEF :nel 0 1102E E E RESOLUTION CONCURRING IN RESOLUTION OF MUNICIPAL POWER COMMISSION AUTHORIZING THE EXERCISE OF CERTAIN POWERS OF A MUNICIPAL POWER AGENCY UNDER MINNESOTA STATUTES, SECTIONS 453.51 to 453.62 WHEREAS, the Hutchinson Utilities Commission of the City of Hutchinson has heretofore adopted a resolution pertain- ing to the exercise of certain powers of a municipal power agency; WHEREAS, the City Council of the City of Hutchinson deems it necessary and expedient that the City be authorized to exercise said powers through the Commission; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the resolution of the Hutchinson Utilities Commission authorizing the exercise of certain powers granted to a municipal power agency by Minnesota Statutes, Sections 453.51 to 453.62 is hereby concurred in and that all provisions thereof are incorporated herein by reference, adopted and approved. i r (612) 587.5151 /TY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 October 8, 1986 M E M O R A N D U M TO: MAYOR AND COUNCIL FROM: GARY PLOTZ SUBJECT: RESOLUTION INCREASING AUTHORITY OF UTILITIES COMMISSION FOR PURPOSES OF A "POWER AUTHORITY" Attorney Richard Peterson called and stated that he is drafted a resolution increasing the authority of the Utilities Commission in the general area of a "Power Authority ". Details are to be provided in the resolution and during a presentation at the council meeting, ?- I 0 0 0- 0 A RESOLUTION AUTHORIZING EXERCISE OF CERTAIN POWERS OF A MUNICIPAL POWER AGENCY UNDER MINNESOTA STATUTES, SECTIONS 453.51 to 453.62 WHEREAS: A. Minnesota Statutes, Sections 453.51 to 453.62 provide means for Minnesota cities which own and operate electric utilities to secure an adequate, economical, and reliable supply of energy by exercising powers of a municipal power agency pursuant to said sections; B. The Hutchinson Utilities Commission of the City of Hutchinson operates the City electric utility and the Commission has full control, operation and management of the electric utility pursuant to the City Charter. czz C. The Commission proposes to�rrow money to finance improvements to the electric utility ark nterest in integrated transmission facilities located outside of the City. D. The Commission constitutes the City within the meaning of that term Statutes, Section 453.52, Subdivision 7; the conditions required to exercise throe powers of a municipal power agency under Section 453.51 to 453.62. the "governing body" of as defined in Minnesota and the City fulfills igh the Commission the Minnesota Statutes, NOW, THEREFORE, BE IT RESOLVED by the Hutchinson Utilities Commission of the City of Hutchinson as follows: 1. The Commission hereby determines that pursuant to the authority conferred upon it by Minnesota Statutes, Section 453.58, the City may exercise through the Commission the following powers granted to a municipal power agency by Minnesota Statutes, Sections 453.51 to 453.62, to -wit: (a) Minnesota Statutes, Section 453.54, Subdivision 2 (b) " 453.54, Subdivision 8 (c) 453.54, Subdivision 9 (d) " 453.54, Subdivision 11 (e) 453.54, Subdivision 15 (f) " 453.54, Subdivision 16 (g) " 453.55 (h) 453.56 (i) 453.59 (j) 453.60 (k) " 453.62 2. Nothing herein shall be construed as (1) limiting the powers granted to the City Council under the City Charter with regard to the Commission, or (2) limiting the full, absolute and exclusive control of and power over the City Light and Power Plant and distribution system reserved to the Commission under the City Charter; nor shall the resolution empower the City throuqh the Commission to grant a mortgage or security interest in light and power plant system. 3. Pursuant to Minnesota Statutes, Section 453.58, Sub- division 2, and upon adoption of a resolution of the City Council concurring in this resolution, a copy of this resolution shall be published in the official newspaper of the City and no action may be brought and no defense may be interposed in any action brought more than 30 days after said publication, placing at issue the validity of any provision of this resolution or the power of the City to make any contract or to issue any bond, note, or other o)iligation authorized hereby through the Commission. 0 0 -. e t k. s; MUNICIPAL ELECTRIC POWER § 453.52 severance pay but to view of the prohibition agairot SECTION 45 &12 the the grant of unlawful gratuities to public employees 2. Pensions the compensation would be limited. Op.Atty.Gen., There u no authority in law by which utilities 424a 3, Aug. 19, 1966. commission of city my pay its retired employees a pension for life or as long as the commission my determine other than as provided in this section. Op.Atty.Gen., 331b, Aug. 10, 1965. 453.15 to 453.31. Repealed by Laws 1965, c. 45, § 73 455.51. Intent mew Sections 453.51 to 453.62 are intended to provide a means for those Minnesota cities which now or hereafter own and operate a utility pursuant to law for the local distribution of electric energy to secure, by individual or joint action among themselves or by contract with other public or private entities within or outside the state, an adequate, economical, and reliable supply of energy. It is also the purpose of sections 453.51 to 453.62 to provide a means for Minnesota cities to construct and operate hydroelectric generating plants. To accomplish these purposes it is necessary for such cities to have power, by agreement between or among two or more of their number, to create a separate municipal corporation with the power and authority to finance and acquire facilities for the generation or transmission of electric energy, or interests in such facilities or rights to part of all of the capacity thereof. It is determined that an adequate, economical, and reliable supply of electric energy is essential to the orderly growth and prosperity of rtY for these communities, and a shortage of such energy is inimical to the safety, health, morale, and welfare of residents of the state and to the sound growth and developments of its communities. Such a shortage exists and is expected to continue or increase because of the difficulty, among others, in the operation of municipal generating plants, of achieving economies of size, limiting environmental impacts, and providing for peak loads. Accord- ingly it is determined that the exercise of the powers granted herein will benefit the people of the state and serve a valid public purpose in improving and otherwise promoting July 1, their health, welfare, and prosperity. ay and laws 1976, c. 318, § 1, eff. April 14, 1976. Amended by Laws 1985, lat Sp., c. 10, § 91. 0 453: 1985 Amendment. Inserted second sentence; and, creation of municipal power agencies; defining their in third sentence, substituted "these purposes" for powers and responsibilities; authorizing the issuance "thi, purpose of bonds. Laws 1976, c. 313. Iltle of Act: Lib An Act relating m cities; authorizing cities en- ran' References gaged in electric power distribution to secure electric Electricity *-VA. power by individual or joint action; authorizing the C.I.S. Electricity § 6 et seq. MR,. 14, 453.52. Definitions Subdivision 1. The terms defined in this section have the following meanings whenev- er used in sections 453.51 to 453.62 unless the context requires otherwise. under Subd. 2. "Agency agreement" means the written agreement between or among two City, ea- or more cities establishing a municipal power agency. for the 753s -3, Subd. 3. "City" means a city organized and existing under the laws of Minnesota or a city charter adopted pursuant thereto, and authorized by such laws or charter to engage in the local distribution and We of electric energy; provided that any city so engaged on January 1, 1976, is authorized to continue such distribution and sale, and every city now may be or hereafter so authorized may exercise, either individually or as a member of a municipal YOn faf power agency, all of the �y� w po g y, powers granted in sections 453.51 to 453.62. "City" also includes a city organized and existing under the laws of another state or a city charter adopted 25 M M.&A. -2 . t996 P.P. is 453.52 MUNICIPAL ELECTRIC POWER pursuant thereto which participates in a municipal power agency with Minnesota cities and pays a full pro rata share of the expenses of the agency. Subd. 4. "City council" means the city council or other similar board, commission, or body within a city which is charged by law or its charter with the general control of the city's governmental affairs. Subd. 5. "Distribution" means the conveyance of electric energy to retail consumers from a transmission system, or from a generation facility situated within or in the immediate vicinity of a city. Subd. 6. "Generation' means the production of electricity by any means and the acquisition of fuel of any kind for that purpose, and includes but is not limited to the acquisition of fuel deposits and the acquisition or construction and operation of facilities for extracting fuel from natural deposits, for converting it for use in another form, for burning it in place, and for transportation and storage. Subd. 7. "Governing body ", with respect to a city, means the city council or, if another board, commission, or body is empowered by law or its charter or by resolution of the city council to establish and regulate rates and charges for the distribution of electric energy within the city, such board, commission, or body shall be deemed to be the "governing body "; provided, however, that when the levy of a tax or the incurring of an obligation payable from taxes or any other action of such board, commission, or body requires the concurrence, approval, or independent action of the city council or another body under the city's charter or any other law, such action shall not be exercised under sections 453.51 to 453.62 until such concurrence or approval is received or such indepen- dent action is taken; and provided further, that the concltrrenee of the city councilor _.ti,,.. ae r" i hrvly charged with the general management of a citLshall be regwte�,rr sum ................. ___. Subd. 8. unicipal power agency" means a separate political subdivision and munici- pal corporation created by agreement between or among two or more cities pursuant to section 453.53 to exercise any of the powers of acquisition, construction, reconstruction, operation, repair, extension, or improvement of electric generation or transmission facili- ties or the acquisition of any interest therein or any right to part or all of the capacity thereof. Subd. 9. "Person" means a natural person, a public agency, or a private corporation, firm, partnership, cooperative association, or business trust of any nature whatsoever, organized and existing under the laws of any state or of the United States or of any other country or political subdivision thereof and shall also include other countries and their political subdivisions, departments, agencies and instrumentalities. Subd. 10. "Project" means any plant, works, system, facilities, and real and personal property of any nature whatsoever, together with all parts thereof and appurtenances thereto, used or useful in the generation, production, transmission, purchase, sale, exchange, or interchange of electric energy or any interest therein or capacity thereof. Subd. 11. "Public agency" means any city or other municipal corporation, political subdivision, governmental unit, or public corporation created by or pursuant to the laws of this state or of another state or of the United States, and any state or the United States, and any person, board, or other body declared by the laws of any state or the United States to be a department, agency, or instrumentality thereof. Subd. 12. "Real property" means lands, structures, franchises, and interests in land, including but not limited to lands under water, riparian rights, fees simple absolute, lesser interests such as easements, rights of way, uses, leases, licenses, and all other incorporeal hereditaments, legal and equitable estates, interests, and wtse, and aims years, or damage to real property by way of judgments, mortgages, real property. 24 Subd. facility, person current supphw lAws Is 1980 I and of ss subdivisi wunuies menu, M LAW items W method i 453.53. each < of sec state, (2) (3) initial (4) (5) Lis cities, pn Offices b (6) Thl be not It selected that the i board of (7) T6h of the is its oblig (9) At the cow sections Subd. body of record it the nai♦ WER MUNICIPAL ELECTRIC POWER § 453.53 cities Subd. 18. "1lanamiasion" means the transfer of electric energy from a generating facility to, between, or among one or more cities or municipal power agencies or other n, or persons with whom they may contract, and includes but is not limited to conversion of of the current and voltage and transfer of energy from another source in exchange for energy supplied by such contracting parties, but does not include distribution. mers lAwa 1976, c. 818, 1 2, eff. April 14, 1976. Amended by Laws 1980, a 405, $ 1; Lave 1981, c. 866, in the f 222; Laws 1981, Jilt Sp., e. 4, arc. 8, ¢ 30. 1990 Amends L Added the following at the 1981 Assemina ets, Both amendmeets � the the and of subd. 9: or of any other country or political same Iasi to sub d. 3. 1* the wbdivision thereof and shall also include other .. countries and their political wbdivisicask depart- Lib foe menu' �tici° and irmtrimalmalitin ". Library Refercneea Lam 1980, c. 405, did not contain appropriation Moctricity, `+1'A. 4 items " a specific effxtive date. See J 645.02 for C.J.S. Becuicity J 6 et seq. or, if t method of determining the eRxtive date. n of f tric 453.53. Municipal power agencies; incorporation be the Subdivision 1. Any two or more cities may form a Municipal 'Of an execution of an agency a P Power agency by the bbey I B Y greement authorized by a resolution of the governing body of they each city. The agency agreement shall state: ender (1) That the municipal power agency is created and incorporated under the provisions Wepen- Of sections 453.51 to 453.62 as a municipal corporation and a political subdivision of the z i1ct7 or , to exercise thereunder a part of the sovereign powers of the state; it prior (2) The name of the agency, which shall include the words "municipal 4r any pa power agency "; (3) The names of the cities which have approved the agency agreement and are the ourici initial members of the municipal power agency; Rant to (4) The names and addresses of the persons initially appointed by the resolutions action, approving the agreement to act as the representatives of the cities, respectively, in the I facili- exercise of their powers as members; Wity (5) Limitations, if any, upon the terms of representatives of the respective cities, provided that such representatives shall always be selected and vancies in their cation, offices declared and filled by resolutions of the governing bodies of the respective cities; *ever, (6) The names of the initial board of directors of the municipal other be not less than five pa power agency, who shall their persona who are representatives of the respective member cities, selected by the vote of a majority of such representatives; or the agreement may provide that the representatives of the member cities from time to time shall be and constitute the renal board of directors; (7) The location by city, town, or other communi treof. of the municipal power agency tY in the state, of the registered office 6tical (8) That the cities which are members of the municipal power agency are not liable for laws its obligations; and sited (9) Any other provision for regulating the business of the municipal r the the conduct of its affairs which may be a power agency or sections 453.51 to 453.62. Y Breed by the member cities, consistent with land, Subd. 2. The agency agreement and a certified copy of the resolution of the governing MW body of each city shall be filed for record with the secretary of state. If the agency )real agreement conforms to the requirements of this section, the secretary of state shall is on record it and issue and record a certificate of incorporation ;e to the name of the municipal . The certificate shall state p power agency and the fact and date of incorporation. Upon the issuance of the certificate of incorporation, the existence of the municipal power agency 25 ,u; § 453.53 MUNICIPAL ELECTRIC POWER as a political subdivision of the state and a municipal corporation shall begin. The certificate of incorporation shall be conclusive evidence of the fact of incorporation. Subd. 3. The initial board of directors of the municipal power agency, unless other- wise provided by the agency agreement, shall be elected prior to the filing of the agreement by a majority vote of the persons acting as representatives of the member cities, from among their members. After commencement of existence, the first meeting of the board of directors shall he held at the call of the directors, after notice, for the purpose of adopting the initial bylaws, electing officers, and for any other business that comes before the meeting. Subd. 4. The bylaws of the municipal power agency, and any amendments thereto, shall W proposed by the board of directors and shall be adopted by a majority vote of the representatives of the member cities, unless the agency agreement requires a greater vote, at a meeting held after notice. Subject to the provisions of the agency agreement, the bylaws shall state: (a) The qualifications of member cities, and limitations, if any, upon their number, (b) Conditions of membership, if any; (c) Manner and time of calling regular meetings of representatives of member cities; (d) Manner and conditions of termination of membership; and (e) Such other provisions for regulating the affairs of the municipal power agency as the representatives of the member cities shall determine to, be necessary. Subd. 5. Every municipal power agency shall maintain an office in this state to be known as its registered office. When a municipal power agency desires to change the location of its registered office, it shall file with the secretary of state a certificate of change of location of registered office, stating the new location by city, town, or other community and effective date of change. When the certificate of change of location has been duly filed, the board of directors may make the change without any further action. Subd. 6. Each of the directors shall hold office for the term for which he has been selected and until a successor has been selected and has qualified. Directors shall discharge their duties in good faith, and with that diligence and care which an ordinary prudent person in a like position would exercise under similar circumstances. The agency agreement or the bylaws may prescribe the number, term of office, powers, authority, and duties of directors, the time and place of their meetings, and other regulations concerning directors. Except where the agency agreement or bylaws prescribe other- wise, the term of office of a director shall be for one year. Except where the agency agreement or bylaws prescribe otherwise, a meeting of the board of directors may be held at any place, within or without the state, designated by the board, after notice, and an act of the majority of the directors present at a meeting at which a quorum is present is the act of the board. Except where the agency agreement or bylaws prescribe otherwise, any vacancy occurring on the board shall be filled by a person nominated by the remaining members of the board and elected by a majority of representatives of the member cities. Subd. 7. Except where the agency agreement or bylaws prescribe otherwise, the board of directors shall appoint a president from its membership, and a secretary and treasurer, and any other officers or agents deemed to be necessary, who may but need not be city representatives or directors. An officer may be removed with or without cause by the board of directors. Officers of the municipal power agency shall have the authority and duties in the management of the business of the municipal power agency that the agency agreement or bylaws prescribe, or, in the absence of such prescription, as the board of directors determines. Subd. 8. Except as otherwise provided in the agency agreement or the bylaws, the duly authorized representatives of each member city shall act as, and vote on behalf of, such city. Except where the agency agreement or bylaws provide otherwise, representa- tives of the member cities shall hold at least one meeting each year for the election of 26 POWER begin. The Inless other - iling of the the member irst meeting (ice, for the usiness that its thereto, vote of the I a greater agreement, number; cities; agency as state to be change the !rtificate of m, or other ocation has Cher action. e has been ctors shall in ordinary fhe agency authority, ribe other, he agency ay be held and an act sent is the rwise, any remaining her cities. rwise, the etary and but need rc without I have the U-J the of, of MUNICIPAL ELECTRIC POWER § 453.54 directors and for the transaction of any other business. Except where the agency agreement or bylaws prescribe otherwise, special meetings of the representatives may be called for any purpose upon written request to the president or secretary to call the meeting. Such officer shall give notice of the meeting to be held between 10 and 60 days after receipt of such request. Unless the agency agreement or bylaws provide for a different percentage, a quorum for a meeting of the representatives of the member cities is a majority of the total members and a quorum for meetings of the board of directors is a majority of the membership of such board. Subd. 9. The agency agreement may be amended as proposed at any meeting of the representatives of the members for which notice, stating the purpose, shall be given to each representative and, unless the agency agreement or bylaws require otherwise, shall become effective when ratified by resolutions of a majority of the governing bodies of the member cities. Each amendment and the resolutions approving it shall be filed for record with the secretary of state. Solid. 10. Each member city shall have full power and authority, within budgetary limits applicable to it, to appropriate money for the payment of expenses of the formation of the municipal power agency and of its representative in exercising its functions as a member of the agency. Laws 1976, c. 313, 1 3, eff. April 14, 1976. 453.54. Municipal power agencies; powers Subdivision 1. A municipal power agency shall have all of the powers enumerated in f this section, in furtherance of the purpose stated in section 453.51, and in the exercise 1 thereof shall be deemed to be performing an essential governmental function and exercising a part of the sovereign powers of the state of Minnesota. All powers of the municipal power agency shall be exercised by its board of directors, unless otherwise provided by the agency agreement or bylaws. Subd. 2. It may plan, acquire, construct, reconstruct, operate, maintain, repair, ex- tend, or improve one or more projects within or outside the state; or acquire any interest in or any right to capacity of a project and may act as agent, or designate one or more of the other persons participating in a project to act as its agent, in connection with the planning, acquisition, construction, reconstruction, operation, maintenance, repair, exten- Sion, or improvement of the project. Subd. 3. It may investigate the desirability of and necessity for additional sources and supplies of electric energy, and make studies, surveys, and estimates as may be necessary to determine the feasibility and cost thereof. Subd. 4. It may cooperate with other persons in the development of sources and supplies of electric energy. j Subd. 6. It may apply to any public agency for consents, authorizations, or approvals 11 required for any project within its powers and take all actions necessary to comply with the conditions thereof. Subd. 6. It may perform any act authorized by sections 453.51 to 453.62 through or by means of its officers, agents, or employees or by contract with any person. Subd. 7. It may acquire, hold, use, and dispose of income, revenues, funds, and money. Solid. 7a. It may invest in various technologies to minimize long -run costs of provid- ing electrical services to consumers. These investments include energy conservation measures and renewable resources. Solid. 8. It may acquire, own, hire, use, operate, and dispose of personal property. Subd. 9. It may acquire, own, use, lease as lessor or lessee, operate, and dispose of real property and interests in real property, and make improvements thereon. d 453,54 MUNICIPAL ELECTRIC POWER Subd. 10. It may grant the use by franchise, lease, or otherwise, and make charges for the use of any property or facility owned or controlled by it. Subd. 11. It may borrow money and issue negotiable bonds or notes, secured or unsecured, in accordance with section 453.56. Subd. 12. Subject to any agreement with bondholders or note holders, it may invest money of the municipal power agency not required for immediate use, including proceeds from the sale of any bonds or notes, in such obligations, securities, and other investments as the municipal power agency shall deem prudent, notwithstanding the provisions of any other law relating to the investment of public funds. Subd. 13. It may exercise the power of eminent domain in accordance with section 453.56. Subd. 14. It may determine the location and character of, and all other matters in connection with, any and all projects it is authorized to acquire, hold, establish, effectuate, operate, or control. Subd. 15. It may contract with any person, within or outside the state, for the construction of any project or for the sale, with or without advertising for bids, or transmission of electric energy generated by any project, or for any interest therein or any right to capacity thereof, on such terms and for such period of time as its board of directors determines. Subd. 16. It may purchase, sell, exchange, or transmit electric energy within and outside the state in such amounts as it shall determine to be necessary and appropriate to make the most effective use of its powers and to meet its responsibilities, and may enter into agreements with any person with respect to that purchase, sale, exchange, or transmission, on such terms and for such period of time as its board of directors determines. Subd. 17. It may procure insurance against any losses in connection with its property, operations, or assets in such amounts and from such insurers as it deems desirable. Subd. 18. It may contract for and accept any gifts or grants or loans of funds or property or financial or other aid in any form from any public agency or other person, and may comply, subject to the provisions of sections 453.51 to 453.62, with the terms and conditions thereof. Subd. 19. It may mortgage, pledge, and grant a security interest in any or all of its real and personal property to secure the payment of its bonds, notes, or other obligations or contracts. Subd. 20. It shall pay to each taxing authority within whose taxing jurisdiction its property is situated, in lieu of taxes on its property, the amounts of the taxes which would be payable if its property were owned by a private person. For this purpose the property of a municipal power agency shall be valued in the same manner and by the same procedure as the property of private persona. Subd. 21. It may exercise all other powers not inconsistent with the Constitution of the state of Minnesota or the United States Constitution, which powers may be reason- ably necessary or appropriate for or incidental to the effectuation of its authorized purposes or to the exercise of any of the powers enumerated in this section, and generally may exercise in connection with its property and affairs, and in connection with property within its control, any and all powers which might be exercised by a natural person or a private corporation in connection with similar property and affairs. Laws 1976, c. 313, § 4, eff. April 14, 1976. Amended by Laws 1983, c. 301, § 202; Laws 1985, Ist Sp., c. 10, § 92. 1963 Anesdeent. Added subd. 7a. 1965 An esdmest In subd. 15, insetted "with or without advertising for bids ". notes in std provide sud but not W lessor or las or any rigll or redempti) notes or irA ment or ina and the pap and neceq Subd. 2 or by the s payable out the holders municipal p including b from the n capacity tbs power ages may be add public ages the municip Subd. 3. the meaning registration of dates, manner, be 1 the state, be be subject I agreement s limiting the agencies or) Subd. 5. more of the bonds or ad Subd. 6. temporary 4 Subd. 7. sale for sud Subd. & provisions d pursuanttoi redemption 1 commission, proceeding required by POWER e charges secured or may invest ing proceeds investments sions of any with section r matters in 4 effectuate, ste, for the for bids, or it therein or its board of within and ppropriate to d may enter itchange, or s property, desirable. if funds or Jerson, and terms and u all of its obligations ediction its rhich would to property r the same stitution of be reason - authorized d generally th property person or a Ora 1985, 1st SW "with or M MUNICIPAL ELECTRIC POWER § 453.55 463.66. Bonds and notes Subdivision 1. A municipal power agency may from time to time issue its bonds or notes in such principal amounts as the municipal power agency shall deem necessary to provide sufficient funds to carry out any of its corporate purposes and powers, including but not limited to the acquisition or construction of any project to be owned or leased, as lessor or lessee, by the municipal power agency, or the acquisition of any interest therein or any right to capacity thereof, the funding or refunding of the principal of, or interest or redemption premiums on, any bonds or notes issued by it whether or not such bonds or notes or interest to be funded or refunded have or have not become due, the establish- ment or increase of reserves to secure or to pay such bonds or notes or interest thereon, and the payment of all other costs or expenses of the municipal power agency incident to and necessary or convenient to carry out its corporate purposes and powers. Subd. 2. Except as may be otherwise expressly provided by sections 453.51 to 453.62 or by the municipal power agency, every issue of bonds or notes of the agency shall be payable out of any revenues or funds of the agency, subject only to any agreements with the holders of particular bonds or notes pledging any particular revenues or funds. A municipal power agency may issue such types of bonds or notes as it may determine, including bonds or notes as to which the principal and interest are payable exclusively from the revenues from one or more projects, or from an interest therein or a right to capacity thereof, or from one or more revenue producing contracts made by the municipal power agency with any person, or from its revenues generally. Any such bonds or notes may be additionally secured by a pledge of any grant, subsidy, or contribution from any public agency or other person, or a pledge of any income or revenues, funds, or moneys of the municipal power agency from any source whatsoever. Subd. 3. All bonds and notes of a municipal power agency shall be negotiable within the meaning and for all the purposes of the uniform commercial code, subject only to any registration requirement. Subd. 4. Bonds or notes of a municipal power agency shall be authorized by resolution of its board of directors and may be issued under such resolution or under a trust indenture or other security agreement, in one or more series, and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denominations, be in such form, either coupon or registered, carry such conversion, registration, and exchange privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment at such place or places within or outside the state, be subject to such terms of redemption with or without premium, and contain or be subject to such other terms as the resolution, trust indenture, or other security agreement may provide, and shall not be restricted by the provisions of any other law limiting the amounts, maturities, interest rates, or other terms of obligations of public agencies or private persons. Subd. 5. Any bonds or notes may be issued and delivered, notwithstanding that one or more of the officers executing them shall have ceased to hold office at the time when the bonds or notes are actually delivered. Subd. 6. Pending preparation of definitive bonds, a municipal power agency may issue temporary bonds which shall be exchanged for the definitive bonds. Subd. 7. Bonds or notes of a municipal power agency may be sold at public or private We for such price or prices and in such manner as the agency determines. Subd. 8. Bonds or notes of a municipal power agency may be issued under the provisions of sections 453.51 to 453.62, and rents, rates, and charges may be established pursuant to section 453.57 and pledged for the security of bonds or notes and interest and redemption premiums thereon, without obtaining the consent of any department, division, commission, board, bureau, or agency of the state of Minnesota and without any other proceeding or the happening of any other condition or occurrence except as specifically required by sections 453.51 to 453.62. 29 i 453.55 MUNICIPAL ELECTRIC POWER M MUNICIG Subd. 9. The resolution, trust indenture, or other security agreement under which any s same effect bonds or notes are issued shall constitute a contract with the holders of the bonds or 3 300.10. Aeq notes, and may contain provisions, among others, prescribing: o other interw (a) The terms and provisions of the bonds or notes; o of electric p (b) The mortgage or pledge of and the grant of a security interest in any real or s secretary of personal property and all or any part of the revenue from any project or any revenue t Minnesota 9 producing contract made by the municipal power agency with any person to secure the M code to pert payment of bonds or notes, subject to any agreements with the holders of bonds or notes c power agent which might then exist; t the same to (c) The custody, collection, securing, investment, and payment of any revenues, assets, p provisions d money, funds, or property with respect to which the municipal power agency may have S Subd. 1L any rights or interest; a agency nor POWER Vhlch any bonds or my real or sy revenue secure the is or notes fees, assets, may have rd by; the and the use on thereof; as then or secure the pon which r security; erwise for other Par- it of the or notes may be suit in the rights and agency so e right to ien of the of bonds interests lbereof, the F Proceeds; I properties, e; or the appoint a Ong of any I municipal of trust of d with the MUNICIPAL ELECTRIC POWER § 463.56 same effect as provided for public service corporations in Minnesota Statutes, Section 300.10. Any mortgage or deed of trust covering the whole or any part of easements or other interests in real estate less than fee simple used in the generation or transmission of electric power, and covering fixtures annexed thereto, may be filed in the office of the secretary of state with or as a part of the financing statement covering the fixtures, with the same force and effect as provided in the case of public utilities under the provisions of Minnesota Statutes, Section 300.114. All filings required under the uniform commercial code to perfect a security interest against the personal property or fixtures of a municipal power agency shall be made and maintained in the office of the secretary of state, with the same force and effect as provided in the case of a debtor public utility under the Provisions of Minnesota Statutes, Sections 300.111 to 300,113. Subd. 11. Neither the officials, the directors, nor the members of a municipal power agency nor any Person executing bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof. A municipal power agency shall have power to indemnify and to purchase and maintain insurance on behalf of any director, officer, employee, or agent of the municipal power agency, in connection with any threatened, pending, or completed action, suit, or Proceeding, to the same extent and in the same manner and with the same force and effect as provided in the case of a private corporation under the provisions of section $00.083. Subd. 12. A municipal power agency shall have power to purchase, out of any funds available therefor, bonds or notes, and to hold, pledge, cancel, or resell the bonds or notes, subject to and in accordance with any agreements with the holders. Subd. 13. The principal of and interest upon any bonds or notes issued by a municipal power agency shall be payable solely from the revenues or funds pledged or available for their payment as authorized in sections 453.51 to 453.62. Each bond and note shall contain a statement that the principal thereof or interest thereon is payable solely from revenues or funds of the municipal power agency and that neither the state nor any Political subdivision thereof, other than the municipal power agency, nor any city which is a member of the municipal power agency is obligated to pay the principal or interest and that neither the faith and credit nor the taxing power of the state or any political subdivision thereof or of any such city is pledged to the payment of the principal of or the interest on the bonds or notes. Nothing herein, however, precludes the use of tax or other revenue by a city for payment of amounts due and performance of covenants under any contract of the city as provided in section 8, subdivision 3. Laws 1976, c. 313, § 5, eff. April 14, 1976. Amended by Laws 1985, c. 56, § 1; Laws 1985, c. 248, § 59. 1985 Ameodmeata. Laws 1985, C. 56, § 1, and Lgws 1985, c. 248, 1 59, a revisoes bill, both Eminent domain changed the statutory reference in the last sentence of subd. I1 to § 300.083 from § 300.082. rea xceppersot otherwise Property provided iied by it deems ion, a municiipall Power agency may acquire all sections 453.51 to 453.62, whether in fee simple absoluteyo carrying out the lesser Int reat� by condemnation and the exercise of the power of eminent domain in accordance with Minnesota Statutes, Chapter 117. A municipal power agency shall have no power of eminent domain with respect to any real or personal property owned by any person as part of a system, whether existing, under construction, or being planned, of facilities for the generation, transmission, or distribution of electric power. The authority of a municipal power agency to acquire real or personal property by condemnation or the exercise of the power of eminent domain shall be a continuing power, and no exercise thereof shall exhaust iL Laws 1976, c. 313, § 6, eff. April 14, 1976. 31 .e § 453.57 MUNICIPAL ELECTRIC POWER 453.57. Rules and rates A municipal power agency may make and enforce bylaws or rules which it deems necessary or desirable, and may establish, levy, and collect or may authorize, by contract, franchise, lease, or otherwise, the establishment, levying, and collection of, rents, rates, and other charges for the services afforded by the municipal power agency or by or in connection with any project or properties which it may construct, erect, acquire, own, operate, or control, or with respect to which it may have any interest or any right to capacity thereof, and for the sale of electric energy or of generation or transmission capacity or service as it may deem necessary, proper, desirable, and reasonable. Rents, rates, and other charges shall be at least sufficient to meet the expenses thereof, including reasonable reserves, interest, and principal payments, including payments into one or more sinking funds for the retirement of principal. A municipal power agency may pledge its rates, rents, and other revenues, or any part thereof, as security for the repayment, with interest and redemption premiums, if any, of any moneys borrowed by it or advanced to it for any of its authorized purposes and as security for the payment of amounts due and owing by it under any contract. Laws 1976, c. 313, § 7, eff. April 14, 1976. 453.58. City powers Subdivision 1. A city may by resolution of its governing body exercise any of the powers granted in sections 453.51 to 453.62 to a municipal power agency, upon fulfillment of the conditions provided in sections 453.51 to 453.62 for the exercise of any such power, but without complying with the terms of section 453.53 hereof relating to incorporation, and notwithstanding any provision of any city charter or any other law denying, limiting, or placing conditions upon the exercise of any such power. Nothing in this section shall be construed to repeal any charter provision or law requiring an election or other condition precedent to the establishment after January 1, 1976, of a city electric energy distribution system. Subd. 2. Every resolution adopted in accordance with subdivision 1 shall be published in the official newspaper of the city. No action may be brought and no defense may be interposed in an action brought more than 30 days after publication of the resolution, placing at issue the validity of any provision of the resolution or the power of the city to make any contract or to issue any bond, note, or other obligation authorized thereby. Subd. 3. Nothing in sections 453.51 to 453.62 authorizes any city to issue general obligation bonds for any purpose specified in sections 453.51 to 453.62, without approval of its electors or performance of such other procedural conditions as may be required by its charter or the laws of this state. A city may, however, by resolution of its governing body and without approval of the electors or performance of other conditions provided in any charter or other law, enter into contracts with a municipal power agency for the purchase, sale, exchange, or transmission of electric energy and other services, on such terms and for such period of time as the resolution may provide. A city may appropriate and use tax and other revenues received in any year to make payments due or to comply with covenants to be performed during that year under any contract made by the city when acting as a municipal power agency, or any contract made by the city with a municipal power agency, as contemplated by sections 453.51 to 453.62, subject to the provisions of its charter and the laws of this state regarding budget and payment procedures and annual tax levy limitations. Subd. 4. No taxation of property; intent. (a) Notwithstanding anything in sections 453.51 to 453.62 to the contrary, a city, by the exercise of any or all of the powers granted in sections 453.51 to 453.62, is not subject to any duty under section 453.64, subdivision 20, to pay amounts in lieu of taxes on any of its property. The sale or distribution o electric energy to private persons shall not cause a project to be treated as not useq exclusively for a public purpose. 32 (b) This s under this a all property sections 451 Laws 1976,1 1965 AmW 453.59. Ca A city or tion, reconsl ation and to may contry functions, w of construct governing b of sections shall be inn by any othe Minnesota I Statutes, So Chapter 514 covered the Laws 1976, q 453.60. officers, 1 savings b; tions, invi insurance business, . legally im control in or notes s laws 1976,4 453.61. Em Employes meaning of municipal p Iaws 1976,4 453.62. Ca Subdiviaw legislative i of each and granted shi limitation a POWER MUNICIPAL ELECTRIC POWER t i it deems F contract, nts, rates, r by or in wire, own, v right to ! nemission (j a. Rents, thereof, I yenta into �r agency y for the wed by it yment of of the illment power, or other c energy P published we may be resolution, the city to d thereby. to general equired by governing sovided in ry for the 1, on such to comply V the city ty with a 'et to the payment sections bution —51 not use4 § 453.62 (b) This subdivision is adopted to clarify the powers intended to be granted to cities under this section, and the consequences thereof, is remedial in character, and applies to all property heretofore or hereafter acquired through the exercise of any of the powers of sections 453.51 to 453.62. lAws 1976, c. 813, 4 8, elf. April 14, 1976. Amended by Laws 1985, 1st Sp., c. 10, } 93, INNS AmendmsaR Added subd. 4. 453.59. Construction contracts I A city or municipal Power agency may contract for the planning, acquisition, construc- tion, reconstruction, operation, maintenance, repair, extension, and improvement of gener, ation and transmission facilities outside of its corporate limits or those of its members, or may contract with other public or private owners of these facilities to perform these functions, without advertising for bids, preparing final plans and specifications in advance of construction, or securing performance and payment bonds, except to the extent that its governing body determines that these actions are desirable in furtherance of the purposes of sections 453.51 to 453.62. Except as otherwise provided by this section, no contract shall be invalid or unenforceable by reason of nonperformance of the conditions required by any other law relating to public contracts. If a Payment bond is secured as provided in Minnesota Statutes, Section 574.26, it shall be enforceable as provided in Minnesota Statutes, Sections 574.28 to 574.31, and no lien may be filed under Minnesota Statutes, Chapter 514 for the furnishing of labor, skill, material, or machinery for the improvement covered thereby. Laws 1976, c. 313, 1 9, eff. April 14, 1976. 453.60. Authorized investments; security for public deposits Notwithstanding any other law to the contrary, the state of Minnesota and all its public officers, governmental units, agencies and instrumentalities, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan assceia- tions, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance i business, and all executors, administrators, guardians, trustees and other fiduciaries, may legally invest any sinking funds, money, or other funds belonging to them or within their control in any bonds or notes issued pursuant to sections 453.51 to 453.62, and the bonds or notes shall be authorized security for any and all public deposits. Laws 1976, c. 313, 1 10, eff. April 14, 1976. 453.61. Employees, definition Employees of a municipal power agency shall be "public employees" within the meaning of section 353.01, and the provisions of chapter 353 shall apply to employees of a municipal power agency. Laws 1976, c. 313, ¢ 11, eff. April 14, 1976. 453.62. Construction Subdivision 1. Sections 453.51 to 453.62 shall be construed liberally to effectuate its legislative intent and purpose, as complete and independent authority for the performance of each and every act and thing authorized by sections 453.51 to 453.62, and all authority granted shall be broadly interpreted to effectuate this intent and Purpose and not as a limitation of powers. 33 r" i § 453.62 MUNICIPAL ELECTRIC POWER Suhd. 2. In the event of any conflict or inconsistency between sections 453.51 to 453.62 and any other law or charter provision, the provisions of sections 453.51 to 453.62 shall prevail. Laws 1976, c. 313, 4 12, eff. April 14, 1976. CHAPTER 453A. MUNICIPAL GAS DISTRIBUTION Section Section 453A.01. Intent. 453A.07. Rules and rates. 453A.02. Definitions. 453A.08. City powers. 453A.03. Municipal gas agencies; incorpo- 453A.09. Construction contracts. ration. 453A.10. Authorized investments; security for 453A.04. Municipal gas agencies; powers. public deposits. 453A.05. Bonds and notes. 453A.11. Employees, definition. 453A.06. Eminent domain. 453A.12. Construction. Library References Gas 4512. C.J.S. Gas § 18. 453A.01. Intent Sections 453A.01 to 453A.12 are intended to provide a means for those Minnesota cities which now or hereafter own and operate a utility pursuant to law for the local distribution of gas to secure, by individual action or joint action among themselves or by contract with other public or private entities within or outside the state, an adequate, economical, and reliable supply of gas. To accomplish this purpose it is necessary for such cities to have power, by agreement between or among two or more of their number, to create a separate municipal corporation with the power and authority to finance, acquire, operate and dispose of, either as owner or agent, projects, located within or outside the state, for the production, exploration, transmission or storage of gas resources and to enter into contracts relating to the acquisition, operation, disposal or leasing of related projects or sale of related services. It is not the purpose of sections 453A.01 to 453A.12 to authorize said municipal corporation to engage in the distribution of gas to the end users. It is determined that an adequate, economical, and reliable supply of gas is essential to the orderly growth and prosperity of these communities, and a supply of such gas is necessary for the safety, health, morale and welfare of residents of the state and to the sound growth and development of its communities. The formation of municipal gas agencies will provide a means for Minnesota cities to provide an adequate, economic and reliable supply of gas by, among other things, achieving economies of size, limiting environmental impacts, and providing for peak and supplemental loads. Accordingly it is determined that the exercise of the powers granted herein will benefit the people of the state and serve a valid public purpose in improving and otherwise promoting their health, welfare, and prosperity. Laws 1979, c. 140, f 1. 453A.02. Definitions Subdivision 1. The terms defined in this section have the following meanings whenev- er used in sections 453A.01 to 453A.12 unless the context requires otherwise. Subd. 2. "Agency agreement" means the written agreement between or among two or more cities establishing a municipal gas agency. 34 Subd. 1 city chin in the lots 1979 is a so suthoo all of the Subd.4 body with city's goo Subd. 1 tured, ml gaseous Subd. 1 for the di recovery 1 Subd. 1 ties for 4 gathering Subd. 1 contract, Solid. store or the city within t body "; payable city's ch to 453A taken; e charged the city Subd. pal Corp section of the c Subd. firm, Is country political Subd. property thereto, sale, exe y, j (612) 587.5151 vrty' : CITY OF HUTCHINSON 13/7 NUTCHINSON .MINN 55350 October October 6, 1986 TO: MAYOR & CITY COUNCIL -------------------------------------------------------------- FROM: KEN MERRILL, FINANCE DIRECTOR -------------------------------- -- --- ------------------- - - - - -- SUBJECT: MAINTENANCE AGREEGMENT WITH RETAIL DATA SYSTEMS -------------------------------------------------------------- The maintenance agreement for the cash registars at the liquor store are up for renewal. We have had these machines under contract since purchase and find it to be of great benefit to continue this agreement It is requested to approve the maintenance contract with Retail Data Systems of Minnesota at a cost of $1,403.22. 0 9 -�, a i 0 0 / (612)587-5151 j C/TY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON. MINN. 55350 October 8, 1986 M E M O R A N D U M TO: MAYOR AND COUNCIL FROM: GARY PLOTZ SUBJECT: STATE DOT APPRAISALS FOR HWY 0 WEST SERVICE ROAD The Willmar office of DOT is willing to do appraisal work, as their time permits, for the proposed Hwy 7 West service road. Marlow has stated that before "total cost" estimates are prepared, the land appraisals need to be completed. The appraisals are based on time and materials, as were the airport appraisals. We need the council to determine if all the "options" under discussion to date are to be appraised. These alternatives are shown in the attached map from Marlow. Please indicate how many of the alternatives shown to date should be appraised. The state DOT Wants to know the scope of services, before an appraisal contract is drawn up. Another alternative, not discussed to date, is to have a private appraiser perform this work. Again, the scope of services needs to be defined. See attached map. 4 � • �a o 0 1 - oa In e � w S ♦ 5 6 I -- a e I' L io F, o 0 0 a oL Ir 8 9 IO f� 1 0 + 1 _ of 1 r L a s Q I I!0 u � s iv �h 6 � oa f I @7 P L°\pj v 4�P vD � V 4 & 4 F J -N a g. LU c. �6 A 4NE $ C/) 0o I,aoo 8 ti jDDiT10N 3.s 1 ' t, 0 e �jn N 9 la nl X o 114114 15 u 8 . -. W Q f� 1 0 + 1 _ of 1 r L a s Q I I!0 u � s iv �h 6 � oa f I @7 P L°\pj v 4�P vD � V 4 & 4 4 LLI -N a g. LU c. �6 A Z C/) n� 4 �p 8 �a 3.s 1 ' t, 9 nl X o 114114 15 u 8 . -. W 1NG OAKS N 8 9 �3, 4 II 2 ta,�os 10V. LL J 1 oZ LLI -N LU c _O d C/) n� 4 �p 3.s au t, X o . -. W l q z 1NG OAKS N 8 9 �3, 4 II 2 ta,�os 10V. LL J 1 YES NO Mmage for Time X,)--50 E�,� Dab /O - 9 pim WHEN YOU WERE OUT Of J-, ut Area Coda Telephone No., 4/g ® Telephoned 0 Celled to see you J Wars you fo phone ❑ Will call back 0 Will phone later 0 Retenwd your cell 0 Wank f/oo see you ,ll Messega:� %C�iA �K ��S 0 RESOLUTION NO. 8410 A RESOLUTION AUTHORIZING A RAILROAD CROSSING WHEREAS, the City of Hutchinson desires to promote rail service to existing industry in the north portion of the City of Hutchinson, and WHEREAS, said rail service is necessary to open current industrial park space to expansion, NOW, THEREFORE, THE CITY OF HUTCHINSON HEREBY RESOLVES: 1. That the Minnesota Department of Transportation, be and hereby is petitioned to authorize a railroad grade crossing at Arch Street as per the attached map. 2. That the Minnesota Department of Transportation be and hereby is petitioned to authorize cross bucks and stop signs at said railroad crossing. 3. That the Minnesota Department of Transportation , be and hereby is petitioned to authorize removal of "exempt" signs along the trackage depicted on the attached map. ADOPTED BY THE CITY COUN91L THIS ATTEST: Gary D. P otz, City Clerk DAY OF , 1986. CITY OF HUTCHINSON Paul Ackland, Mayor W 3 •% �r7 ! v � �� 11 ; j ; S 1 Pi R 6 e ay 9 G i PE TER' le I° hr• r � IrJa• /� I ~ s � PARK AVENUE V i 2 . a ` 3 !8 \2 I ♦ \ 2 s 7 � u \f � i 0 POLICE DEPARTMENT MEMORANDUM TO FROM SUBJECT Mayor and Council Dean M. O'Borsky, Chief of Police Fall Seminar, APCO DATE October 10, 1986 Request permission for Marie Thurn to attend the APCO Fall Seminar on October 14 and 15 in Arden Hills. Information is attached. DMO:neb /,/) —I/, (612) 587.5/51 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 October 10, 1986 M E M O R A N D U M TO: DEAN O'BORSKY FROM: GARY PLOTZ SUBJECT: TWO -DAY SEMINAR Please be advised the council packet deadline is Wednesday (see prior memo) and that we received this request for council consideration on Friday morning, October 10th. We will hand out your request at the council meeting. cc: Hazel Ken EM 0 WHO SHOULD ATTEND?. . ; ra OCTOBER'14, 1986- `. W *^ A QI 'PUBLIC SAFETY COMMUNICATIONS % Tuesday PUBLIC SAFETY COMMUNICATIONS . -: .': -.PERSONNEL. � r__ � . l« < DATE AND LOCATION.z t,��r�r"��' °'' '� ' SEMINAR yi 0800-0830.-. REGISTRATIONS 0 ctober.14 and 15, 19W-;+' 0830 -0900 INTRODUCTION '= F[ r z Arden Hills Training Center 1900 W est County Road I 0900 -12001 HAZARDOUS MATERIALS SPONSORED BY Arden Hills,. MN " , r ),. • „ �. + 1200 -1300 LUNCH REGISTRATION INFORMATION PUBLIC SAFETY 1300 -1600. HOSTAGE NEGOTIATIONS See registration card for fees: F t and registration instructions: 1730 SEMINAR BANQUET ('Lodging is available at-Arden ;Hills Training' Center...;. Mail, ' :. #: Win^ � the .registration card and y .. r - � ,�, ,r E registration fees to . OCTOBER 15;: 1986 Tess Kurtz-,%! .2•. ;. >,�, Wednesday "' ^ P• r Bloomington Police Dept �` 2215.W._Old.Shakopee Rd - O s Bloomington, MN, 55431 0800 REGISTRATION ti I 'Registration must be submitted : MEMBER 0800 -1100 RESPONSIBLITY FORUM -, by October,6, 1986. Enrollment; is limited to the first 60. 1100 -1200 LUNCH "COMMUNICATIONS ' registrants.; Fees must be paid .. at the time -of registration for '•° !all except those accompanied by 1200- 1415 LIMITS OF PERFORMANCE ,g over,.n. mental P urchase orders. 1615 END URANCE STRATAGIES October 14"_' a nd 15, 1986:' !For information, call Mike .1415 r5 "" 1615 CRITIQUE AND CLOSING (Delmont at (612)296 -5083, or ARDEN HILLS. TRAINING CENTER (!Shari Hughes at (612)887 - 9600. s' ARDEN, HILLS,, MINNESOTA !CANCELLATIONS , _ Request, for POST credits submitted Registration fees will only be refunded if cancellation is !received prior to October 7,' I` '1986. Frank Nieland and Peter Marcotte'. are Hazardous Materials Specialists for .the Department ; of'Transportation.' OBJECTIVES. i ~•To explain the types of hazardous materials in the. ' •area,:how the materials are, transported, and the i �- information 'necessary to obtain .and 'relate as the initial public safety - contact%of•a hazardous • ;materials'.incident:' -�. _ "' =To.provide - information on :how the initial call- taker =" can better ;protect, the first 'responder -of a bazardous materialsiincident;`how the r� ;,• >,Response'Jeam ?is activated and whatprocedure to follow, n?order .td, communicate with v them "?;, "HOSTAGE SITUATIONS" r -Pam French; a shift'supervisor of the 'Minneapolis•Emergency rr_ Communications Center;. assisted 'by a`representative'of ;the. ' Minneapolis ' g -9 Unit; and Sgt.' , Doug Smith of the Minneapolis r Emergency Response Team will `discuss the 'operators role'e - during hostage situations - phone techniques,', talking with hostage takers ind'processing +: ° -calls from witnesses.'';,They will present' segments on their:;. respective units 'in "_relation to dispatch during'hostage•',' r situations , - Continued a, ilarzzL ae ,. "RESPONSIBILITY FORUM" dispatcher with the operators role in dealing Floyd Olson,,, Counsel td:�the ' with a hostage taker, -,. Metro 911.Emergency,Telephone , barricaded subjects, and Board 'and Municipal.Tort `terriorists during ,hostage Liability Expert; ;Don situations; the .basics of "role Gemberling, the PrincipaT� the of - Draftsperson of,MN Data Privacy' the negotiator. the negotiator. .; ". `Act;',and a._representative of 'the To observe ;a S -9 Unit local -news- media -will be.;,, demonstrate techniques used _,-featured 'in `:this-'_segment,of the' " searching and ;: +< +, , 'seminar "moderated S'tede - apprehension during ,by T'gach, Director "of`ihe`St ` emergency or hostage Croix County,'WI, Emergency ^2 situations. ^ Communica:tions'Center " "LIMITS OF PERFORMANCE"' '" This,open'forum setting will ENDURANCE STRATAGIES offer "participants the -- " Wayne Rusin, M.D., 'the Staff opportunity ,to 'ask 'questions and at the Behaviorial e e r ns th. r' ough;"r d T ; i rectitPediatrician xpresw.c. o; :Pediatrics Clinic ` 1. the ->`. + as.' experts.s,•` . .of -nc , v , ` Minneapolis,Children's Medical OBJECTIVES '✓ '.'Center; and ,Gary ;Wilson ;'_Head personnel - ,Coach of Women s Track and Field _To .assist' n realizing '.their._lfability^ at:'the.University _of Minnesota when :reacting day -to= day `will present a practical application <','whole -mind ,to, :i > events' the .intricacies'of of Data Privacy and d the � "learning". This- theory focuses . importance -on developing,a;;technique,to -. c° "''' _of.'.what'a dispatcher. •can :legally �S 4 'quiet the mina and body to ?- .,,- _ disseminate +,�s.:: ,external distractions and, = s'.To. familiarize 'tl' internal anxieties. -.'.This develops ,the ?: dispatcher with•l the X L. �r }of-�the approach :creative > } >r„ ": :viewpoints ;problem solving through,' y -''and -prof essionals. concentration inner-directed_`, " dispatchers liability,.. data self discipline privacy and media. OBJECTIVES:` : -To 'recognize" the x ' d ,R✓ r . r ,., t„r `interrelationshi `of physiological and =' , LOOS FOR THE NEW ;psychological mechanisms QUARTERLY: NEWSLETTERS_ ^'•f:;`'. ' tbrough discussion of mind a• and body interaction. To learn •what stress ...-,where it comes •from, and how it - to develop better coping skills. •. NY�''1.V� d 1_.;� _. .� -�'n uisY✓. �v 1�.• ✓+ ✓Ci,'l ✓_..0 A'+. .nr._.a .t+ .•> .• + .-. a REGULAR COUNCIL MEETING WATER AND SEWER FUND *U.S. Postmaster Richard Nagy Circulation Dept. MN Sec. CSWPCA Hutch Computer Ind. General Fund Am. National Bank of St. Paul Am. National Bank of St. Paul 1st Trust of St. Paul Automation Supply Co. Central Garage Comm. of Revenue Coast to Coast Family Rexall Drug Farm and Home Floor Care Supply Co. G & K Services Hutch Telephone Co. Hutchinson Utilities Hutchinson Wholesale Supply Hutch Plumbing & Heating Hutch Coop (Cenex) Junker Sanitation Juul Contracting Co. County Market McLeod Co. Landfill MN Valley Testing Lab Sorenson Farm Supply Power Process Equipment RCM Associates PERA D.O.E.R. Soc. Sec. Retirement University of MN Viking Safety Products *PERA *DOER Soc. Sec. Ret. Div. CENTRAL GARAGE FUND *Mankato Mack Sales GMC Truck Center Primrose Oil Co. Inc. Standard Spring Co. Big Bear Brandon Tire Coast to Coast Farm & Home *PERA *DOER Soc. Sec. Ret. Div. x4 OCTOBER 14+ 1.986 Postage $ 114.34 Am Water Works Conf. 123.78 Subscription 42.50 Registration Fee 45.00 Calculator 59.95 Insurance Premiums 139401.00 Bond Payment 69940.00 Bond Payment 539630.00 Bond Payment 651825.00 Paper 37.38 August repairs 1P533.36 Sept. Sales Tax 742.94 Supplies 97.01 Office Supplies 11.43 Supplies 44.88 Supplies 38.75 Uniform Rental 189.75 Telephone Service 268.88 Electricity 10 +942.26 Repair Parts 6.71 Repair Parts 2.00 Gasoline 575.20 Refuse Hauling 27 +462.50 Repairs & Services 759.70 Operating Supplies 22.06 Sept. Dumping Charges 35.00 Professional Services 165.00 Parts 3.10 Supplies 52.56 Professional Services 21859.90 Employer's Contribution 255.09 Employer Contribution 434.38 Soil Testing 70.00 Operating Supplies 44.52 Employer Contribution 256.40 Social Security & Medicare 436.58 $187P528.91 1978 Mack Truck 239950.00 Repair Parts 50.69 Supplies 189.41 Supplies 413.40 Repair Parts 9.18 Sept. Invoices 244.54 Repair Supplies 1.00 Repair Supplies 24.10 Employer Contribution 44.20 Social Security 74.36 / /fi. 0 E Page 2 CENTRAL GARAGE (Cont.) GTC Auto Parts Hutch Wholesale Supply MTI Dist. Co. Northern States Supply Plowman's. Inc. PERA D.O.E.R. Soc. Sec. Ret. Div. Town & Country Tire W.D. Cooling Clinic Wacker Imp. GENERAL FUND Sept. Invoices Sept'. Invoices Repair Parts Operating Supplies Repairs Employer Contribution Soc. Security Repairs Repairs Repairs October 14v 1.986 620.84 304.40 804.57 78.90 20.95 44.20 74.36 6.50 83.10 2,450.36 $29 +489.06 *Department of Nat. Resources Boat Registration Fees 7.00 *Department of Nat. Resources ORV Registration Fees 18.00 *Comm. of Revenue MN Sales & Use Tax 11.10 *Department of Nat. Resources ORV Registration Fees 18.00 *Department of Nat. Resources Boat Registration Fees 18.00 *D.O.E.R. Soc. Sec. Ret. Div. Social Security & Medicare 3 +576.15 *PERA Employer Contribution 4+001.56 *Department of Nat. Resources Boat Registration Fees 30.00 *Department of Nat. Resources ORV Registration Fees 18.00 *Department of Nat. Resources Snowmobile Registration Fees 4.00 Gary Stading Hens Touch Football Refund 25.00 Roger Ruzicka Shelter Refund 5.00 Patty Lokensgard Volleyball Refund 25.00 Richard Peterson Appraisal Fee 175.00 Roberta Tabberson Logis Seminar 4.19 Eileen Torry Dep. Reg. Conf. St. Cloud 22.96 David Franzen Rescue School 45.00 James Popp Fire & Rescue School 152.49 Howard Riggle Fire School 60.76 Thomas Pessek Fire School 83.41 Michael Schmidt Fire School 114.57 Bruce Ericson MRPA Annual Conf. 97.33 Barb Haugen Conference & Reg. Fee 41.53 Delores Wendorff Cantebury Refund 13.00 Ella Brede Cantebury Refund 13.00 Verona Schmidt Cantebury Refund 13.00 Mabel Nerli Cantebury Refund 13.00 Lil Winterfeldt Cantebury Refund 13.00 Helen Lickfett Cantebury Refund 13.00 Doris Otto Hotel Reimbursement 26.50 September Jacobsen Conferences etc. 68.60 Ruth Raedecke Refund 12.00 Paul Ackland Mileage - Atty. General Office 31.57 James Weckman Sept. Gas Pumped .95 Page 3 GENERAL FUND (Cont.) Dean O'Borsky Richard Waage Roger Bakken Peter Flucke David Erlandson John Gregor James Haasl Michael Hogan Charles Jones Michael Kirchoff Ronald Kirchoff Wm. Mattsfield Robert Ringstrom Scott Schwartz Scott Webb Wm. Wegner Lori Adamietz Marguerite Bentz Nancy Buss Jean Gray Marie Thurn American Welding Supplies American Bakeries Co. Big Bear Brinkman Studio Bennett Office Supplies John Bernhagen Ben Franklin Cash Wise Central Garage Carr Flowers Crow River Vet. Clinic Coast to Coast Coca Cola Bottling Co. Hutchinson Chamber of Commerce Co. Treasurer Co. Treasurer County Market Charles Bailey & Co. Culligan Water Cond. Dept. of Public Safety More 4 Ed Davis Bus. Machines Family Rexall Drug Farm & Home Farmer's Elevator Assn. Floor Care Supply Co. GTC Auto Parts •Fitzloff Hardware G & K Services Hutch Coop (Cenex) 1/2 Clothing Allowance 1/2 Clothing Allowance 1/2 Clothing Allowance 1/2 Clothing Allowance 1/2 Clothing Allowance 1/2 Clothing Allowance 1/2 Clothing Allowance 1/2 Clothing Allowance 1/2 Clothing Allowance 1/2 Clothing Allowance 1/2 Clothing Allowance 1/2 Clothing Allowance 1/2 Clothing Allowance 1/2 Clothing Allowance 1/2 Clothing Allowance 1/2 Clothing Allowance 1/2 Clothing Allowance 1/2 Clothing Allowance 1/2 Clothing Allowance 112 Clothing Allowance 1/2 Clothing Allowance Supplies Supplies Grease Slides & Photo Finishing Blue Toner Oct. Compensation Supplies Sept. Supplies Aug. Repairs Flowers Dog Boarding Fees Sept. Operating Supplies Move Voting Machines & Supplies Operating Supplies & Office Rental Real Estate Taxes & Ditch Levy Driver's License Fees Supplies Audit Fees Monthly Service & Salt CJDN Connect Charges Supplies Office Supplies Office Supplies Sept. Supplies Chemicals Supplies Supplies Sept. Invoices Uniform Rental Gasoline October 149 1986 175.00 175.00 175.00 125.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 100.00 100.00 100.00 100.00 100.00 28.92 18.60 17.80 16.90 14.40 1 +771.61 4.47 151.28 6 +100.93 30.00 131.00 163.96 425.69 209.37 1P465.64 148.50 83.83 2 595. 00 35.10 150.00 106.07 27.08 250.33 207.01 31.50 572.84 11.25 201.26 759.00 3 +309.97 Page 4 October 14+ 1986 . GENERAL FUND (Cont.) Henry's Candy Co. Operating Supplies 367.08 Home Bakery+ Inc. Supplies 25.50 Hutchinson Community Hospital Laundry 27.91 Hutchinson Drug, Inc. Sept. Invoices 34.27 Hutchinson Fire Department Seminars 180.00 Hutch Iron & Metal Supplies 19.52 Hutchinson Leader Advertising 1+643.70 Hutchinson Medical Center Physical 69.00 Hutchinson Telephone Co. Telephone Service 3 +910.10 Hutchinson Utilities Comm. Electricity 89335.78 Hutch Wholesale Supply Co. Parts 36.02 Hutch Fire & Safety Fire Extinguisher Insp. 24.75 County Market Supplies 12.45 Koch Asphalt Co. Supplies 4,814.09 Ink Spots, Inc. Printing 11.00 Insurance Planners Quarterly Agent Fees 3 +950.00 Jahnke's Red Owl Coffee & Napkins 8.87 Jerabek Machine Shop Supplies 19.49 Juul Contracting Co. Storm Sewer Rings 20.00 K -Mart Operating Supplies 64.13 Kokesh Operating Supplies 376.17 Krasen Plbg & Htg. Parts 40.00 L & P Supply Co. Parts & Repairs 76.40 Lambert's Standard Service Vehicle Washing 4.00 •Marco Business Products Typewriter Repairs 191.21 Mankato Bus. Products Meter Estimate 40.00 McLeod County Power Electricity 165.53 Meeker Washed Sand & Gravel Sand 523.74 Midland Products Co. Operating Supplies 196.67 Midcontinent Theatre Co. Oct. Rental - Motor Vehicle 350.00 McGarvey Coffee Co. Coffee 101.60 Northwestern Bell Leased Phone Line 326.50 New Ulm Wholesale Cups 57.08 No. Am. Cable System Basic Cable & Mare Cable Connector 18.31 Olson Locksmith 10 Keys 11.00 Plaza Hardware September Invoices 117.11 Gary Plotz Chamber Meeting 3.50 Popp Electrical Lights 26.28 R.L. Polk & Co. Update Service 25.96 Rite Way Auto Wash Bus Washing 9.50 Rutz Plumbing & Htg. Tank Cover 15.00 Shopko Supplies 246.85 Simonson Lumber Co. Supplies 130.13 Hazel Sitz Transit Conf. 120.00 Sorenson Farm Supply Parts 39.25 Standard Printing Printing Charges 249.75 State Treasurer 3rd Quarter Surcharge 1x844.64 PERA Employer Contribution 39863.50 D.O.E.R. Soc. Sec. Ret. Div. Social Security 3.000.71 Schaefer 1/2 October Compensation 1,031.00 •James Tri- County Water Cond. Salt 24.80 U.S. Postmater Postage 110.00 0 0 Page 5 GENERAL FUND (Cont.) October 149 1986 Viking Sign Sign -Civic Arena 45.00 Xerox Corporation Paver & Payment 435.67 7 West Wash & Dry Launder Towels 22.55 West Central Ind. Lath 312.50 West Publishing Co. Law Books 104.50 Wm. Mueller & Sons Sept. Street Materials 1+206.87 Am. Coupler Systems Inc. Parts 781.53 Hear - Aide+ Inc. Operating Supplies 10.95 C. Henry Kempe National Center Guidebooks 3.75 Comm. of Transportation Professional Services 1 +154.67 Clarey's Safety Equipment Boots 57.50 Crow River Country Club Dinners - 42 252.00 Crawley Co.v Inc. Fence - Sanctuary 4,841.00 Ernie Smith Farms Snow Fence & Parts 290.00 Hutchinson High School 1986 Annual 20.00 Metropolitan Fire Equip. Supplies 37.00 Mid -West Fire Pump Repair Tank 245.21 Migima Designs+ Inc. Guidebook 5.00 MN Star Cities Conference 1986 Star Cities Conference 130.00 Pioneerland Library Systems 4th Quarter Payment 12+571.50 State of MN - NDC Revolving Loan Course 130.00 Schumacker's Operating Supply 230.00 Tnemec Co. Inc. Supplies 271.02 UNC Department of Psychiatry Anatomical Doll Project 3.75 United Laboratories Supplies 99.75 Wall Street Journal Subscription 114.00 MN Elevator Inc. Elevator Service 53.00 $91+399.55 BONDS OF 1986 General Fund Project Adm. Fees & Eng. Fees 162+207.00 Erickson- Templin Estimate No. 9 20 +616.40 Juul Contracting Estimate No. L 2 & 6 82 +206.71 Atkinson Blacktop Service Estimate No. 4 Final 43+267.58 Am. National Bank - St. Paul Shipping Charges 95.49 Am. National Bank - St. Paul Interest 31v106.25 $339 +499.43 BONDS OF 1985 Juul Contracting Atkinson Blacktop Estimate No. 12 Final Estimate No. 6 Final 5 +360.44 29678.71 $8 +039.15 Page 6 0 1984 PARKIN IMP..BONDS Ist Trust of St. Paul Interest 1984 LIBRARY CONSTRUCTION DEBT SERVICE Ist Trust of St. Paul Interest October 149 1986 $29 +718.75 $32,037.50 BONDS OF 1982 Ist Trust of St. Paul Interest $16 +812.50 BONDS OF 1984 Juul Contracting Estimate No. 7 Final 5 9x626.66 Ist Trust of St. Paul Interest 38x212.50 $47,839.16 MUNICIPAL LIQUOR STORE FUND Ed Phillips & Sons Liquor 19702.51 Quality Wine & Spirits Wine 955.57 Griggs, Cooper & Co. Wine 1,640.97 Ed Phillips & Sons Liquor 2,256.16 Griggs, Cooper & Co. Wine 19181.04 Twin City Wine Co. Wine 19576.89 Quality Wine & Spirits.Co. Wine 861.76 City of Hutchinson Ins. Premiums Ist & 2nd Qtr. 1+380.00 JC Penney Co. Uniforms 337.36 Hutchinson Telephone Co. Telephone Service 77.00 Hutchinson Chamber of Commerce Promotion 30.00 Junker Sanitation Sept. Service 102.60 American Linen Supply Co. Towel Service 21.86 Hutchinson Leader Sept. Advertising 12.00 Alien Office Supply Office Supplies 97.00 KOLV Radio Advertising 200.00 Bernick Is Pepsi-Cola Mix 67.50 Andy Lundholm Mix 81.04 Northland Beverage Co. Cooler Rental & Mix 469.45 Triple G Distributing Co. Beer 39411.25 Locker Bros. Dist. Beer 19248.30 Lememan Beverage Co. Beer & Mix 69084.55 Friendly Beverage Inc. Beer & Mix 574.45 Tombstone Pizza Misc. Snacks 37.00 Henry's Candy Co. Misc. Sept. Inv. 19132.53 -Cola Bottling Co. Mix 559.05 •Coca Coast to Coast Roof Repair Material 31.78 City of Hutchinson Water Bill 58.97 Page 7 October 149 1986 10 LIQUOR STORE FUND (Cont.) Hutchinson Utilities Commission Electricity 640.65 Ed Phillips & Sons Wine 5P701.99 Old Peoria Co. Liquor 2v116.74 Quality Wine & Spirits Liquor 908.62 Eagle Dist. Co. Liquor 1 +854.68 Ed Phillips & Sons Wine 658.03 Griggs, Cooper & Co. Liquor 41264.86 Locker Bros. Inc. Sept. Advance 6+000.00 Triple G Sept. Advance 79000.00 Lememan Beverage Co. Sept. Advance 101000.00 $65330.16 0 (612) 587 -5151 f/U7CH' CITY OF HUTCHINSON • 37 WASHINGTON AVENUE WEST _ HUTCHINSON, MINN. 55350 M E M O DATE: October 14, 1986 TO: Pat Mikulecky & Council FOR YOUR INFORMATION FROM: Homer Pittman, Building Official RE: Emma Lake Property In response to your telephone call today, the Emma Lake property could be used as is without any special requirements if it is to be used as a single family dwelling. A Building Permit would be required for remodeling or alterations. *! HP/pv Homer Pittman Building Official (6121 587 -5151 CITY Of HUTCHINSON 37 WASHINGTON AVENUE WEST - — -- 'AITCH,INSON, ;1 }INN X5350 October 13, 1986 FOR YOUR INFORMATION Mayor Paul Ackland and Members of the Hutchinson City Council RE: Wastewater Treatment Facility Easements Gentlemen: This memorandum is an update on the progress made in obtaining easements for the Force Main for the proposed Wastewater Treatment Facility as of Monday, October 13, 1986. Copies of the documents mentioned in this update have been provided City staff for distribution to Council members and appropriate individuals. The following property owners were contacted by initial letter dated, September 17, 1986, in which the request for an easement was made and the purpose of the easement explained: ia. C. d. e. f. g. h. i. j. MCKimm Milk Transit 3M Co. (Bruce Torrel) Henry Kadelbach Milan and Lucille Runke Gerald and Ruth Blake Gerald Hemerick Suzanne Potter Goebel Fixtures, Inc. Wayne Kenning Willard Exsted At the time the September 17, 1986 letter was mailed not all property owners in the area were known. On September 26, 1986 the following additional property owners were contacted: a. Harvey Karg b. Lyle Koehler c. v d. r- (6121 587 -5151 CITY Of HUTCHINSON 37 WASHINGTON AVENUE WEST - — -- 'AITCH,INSON, ;1 }INN X5350 October 13, 1986 FOR YOUR INFORMATION Mayor Paul Ackland and Members of the Hutchinson City Council RE: Wastewater Treatment Facility Easements Gentlemen: This memorandum is an update on the progress made in obtaining easements for the Force Main for the proposed Wastewater Treatment Facility as of Monday, October 13, 1986. Copies of the documents mentioned in this update have been provided City staff for distribution to Council members and appropriate individuals. The following property owners were contacted by initial letter dated, September 17, 1986, in which the request for an easement was made and the purpose of the easement explained: ia. C. d. e. f. g. h. i. j. MCKimm Milk Transit 3M Co. (Bruce Torrel) Henry Kadelbach Milan and Lucille Runke Gerald and Ruth Blake Gerald Hemerick Suzanne Potter Goebel Fixtures, Inc. Wayne Kenning Willard Exsted At the time the September 17, 1986 letter was mailed not all property owners in the area were known. On September 26, 1986 the following additional property owners were contacted: a. Harvey Karg b. Lyle Koehler c. Thomas Radtke d. Howard Lewison Based upon follow -up conversations the following individuals were contacted on September 26, 1986: a. Hassan Valley Township (Melvin Kobow) b. Lorraine Treinen (atty. Peter Groescott) • c. 3M Company (Donald C. Weinke, Senior Attorney) Mayor Paul Ackland and Members of the Hutchinson City Council Page 2 October 13, 1986 Upon receipt of legal descriptions from City engineer, Marlow Priebe, proposed easements were mailed to the following individuals on September 30, and October 1, 1986: a. Henry Kadelbach b. McKimm Milk Transit c. Gerald Hemerick d. Gerald and Ruth Blake e. Miland and Lucille Runke f'. 3M Company. As of this date, no easements have been signed. I have obtained the fallowing responses to my communications: 1. Suzanne Potter has offered to give the " muncipality an easement to the necessary property lying on the Lot D. She proposes to sell to the City all of Lots 16, 17 & 18. This sale would be in exchange for receipt of - $21000. 2. Gerald Blake will give a 15 foot easement west of the township road and _easement along the township road. For the ;easement east of the roadway, he requests an agreement whereby the municipality would not in the future assess his property for curb, gutter, storm sewer or municipal water. 3. Lorraine Treinen has offered to Sell Lot A to the City for the sum of $2,000. The City would pick up back taxes in an amount of $54.58 and be responsible taxes due in 1986. The City would also be responsible for all filing fees and drafting of documents necessary to remove her deceased husband from the title and to transfer title from her to the municipality. 4. I have discussed the easement with Gerald Hemerick and Thomas Radtke# but they have made no definite commitment. 5. I have discussed this matter with Wayne Oliva, clerk of the Hassan Valley Township. Mr. Oliva has requested from Marlow certain documents and the Hassan Valley Township will be reviewing our requests on Tuesday, October 14, 1986. a 0 Mayor Paul Ackland and Members of the Hutchinson City Council Page 3 October 13, 1986 Based upon my initial discussions with the property owners, I feel that progress could be made.in obtaining the easements if the easements were limited to the Wastewater Treatment Facility Forced Main and Water Main easements. Many of the property owners feel that by granting a roadway easement, they are leaving themselves open to annexation and further assessments for other municipal improvements. I have discussed this matter with Marlow and he agrees that if it would expedite obtaining easements for the Wastewater Treatment Facility, the roadway easement could be eliminated. I would suggest that a meeting between a representative of the Council, the Township board, the property owners themselves, the City Engineer and the City Attorney be arranged to discuss this procedure, and answer any questions that the citizens may have. If such direct negotiations do not prove to be fruitful, authorization to initate eminent domain proceedings may be necessary. Sincerely yours, CITY OF HUTCHINSON BY/ James Schaefer Hutchinson City Attorney JHS:nb • u 9 a,�w+esor4 lob OF Taco' October 6, 1966 Minnesota Department of Transportation Transportation Building, St. Paul, MN 55155 v w ;rtaa:? Mr. Gary D. Plotz r City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Re: Status Report Appraisals Dear Mr. Plotz: Ir a Phone r� O C T O O The appraisals on the Hutchinson Airport were received from the appraiser in Willmar in August and the reviewer for this office completed the inspection of both the subject properties and the comparable sales about the middle of September. Due to the large amount of review work in the last few weeks, the review had not been completed. The review will be completed in the next two weeks so that the appraisals can be certified and delivered to you by October 17. - The copies of the appraisal and review will be forwarded to you. If there are any other concerns, be sure to let us know. Sinc+V 11y yours, R. J. Di n en Director of Right of Way and Surveys An Equal Opportunity Employer i. � �r ,. ,t. h...4 - FOR YOUR INFORMATION Eir1CIJSCN COM?DNrl'Y ENERGY COUNCIL The Hutchinson Cannnity Energy Council met at 7 p.m. on Thursday, September 18, 1.986 in the City Council dnambers. Present: Burtch Wentworth, Chairman Glenn Matejka Hugh Foster Absent: Ken Prihoda Jay Beytien Guests: Steve Hamilton, Energy Coordinator, New Ulm Others: Gary Plotz Chairman an I.C1rbwoi th called the meeting to order and distributed copies of the correspondence of September 16 announcing the approval of the energy grant request, plus a copy of the actual grant application. Mr. Steven Hamilton, Energy Coordinator of New Ulm was introduced as the evening's special guest. Steve summarized the New Ulm program as follows: 1. The public utility began by hiring an energy coordinator. Steve has been with the city in this capacity for 2;s years. Formerly he was residential energy auditor with a private firm that contracted with NSP for audits. He is a graduate of Mankato State University with a degree in the area of energy management and conservation. 2. The utility originally started with residential energy audits. Ere however noted that the greatest energy savings are with businesses. 3. The utility has now gotten into business energy audits, primarily a walk- through analysis. No specialists for in depth audits have begun yet. 4. The energy coordinator has mailed out a survey to 388 businesses With a return rate of 358. 5. Subsequent to the survey response, a follow -up one c n -one meeting with the business is done. At that tine a computer printout presentation is done called an "energy consumption analysis." The energy consumption analysis is utilized to make same une al oampariscns on energy usage and coat. Generally this analysis is Z-90 to obtain the business's "attention" to potential prcblem(s). The comparisons use other commercial buildings in the community of a similar general usage and square footage. County assessor records were Utilized in the comparisons. In addition, general energy usage guidelines arc available from the state energy agency. 6. Several energy loan programs are either in place or in the development stage. One of the programs in place uses funds from a FUD Block Grand. The program is a revolving loan at 58. 0 Mi A second program is currently under consideration, using $100,000 - $150,000 of the public utilities fund balance or reserves. Appradnately $100,000 would be used for commercial loans and $50,000 residential loans. A third program is called an "energy performance contact." This concept has begun with a solicitation of proposals, called a "request for qualifications" whereby a general contractor secures the financing. The financing is paid bKk by the monthly saving in utilities for up to a 10 year period. The cities of Burnsville and Hoyt lakes are also part of this program. More information can be secured from Mr. Mike Rollofs, Financial Division, State Dept of Fbergy. He stated they are currently negotiating with. Rq act Mannagement Systems, Inc. (performance oontract) and the Drod Otwp (audit). 4. A fourth program may possibly acme from a $3,000,000 statewide allocation of monies through. local energy councils. The source of this money comes from charges by Exxon Company and resulted h= a legal settlement involving $37 million. Steve Hamilton reeonmeded the city attend the hearing on the use of these funds on Wednesday, September 24, in New Ulm, one of four locations for such hearings. Steve Hamilton indicated the success of uTle ennting any energy program is primarily due to the energy coordinator, tbexefore the following points are stressed. 1. Experience in commercial energy audits (not necessarily residential audits) . 2. Very good public relations and capability of putting on workshops. He mentioned Barb Maken of Mankato, Energy Coordinator, as a resource. It was suggested we contact Mr. Jack Holdan of the Environmental Studies Departrment at Mankato State U and the State Deparbiennt of Energy and Economic Development. Various publications to advertise the position were also discussed. The energy council agreed that Butch Wentworth and Gary Plotz draft up a proposed jab description for the half time position. In addition, Mankato State would be contacted and a news release promoting the jab would be made. Meeting adjourned at 9 p.m. Gary Plotz, recorder IVMlI11C�1 AWpis FOR YOUR INFORMATION Services Im 0 Ken Merrill Chief Finance Officer City Hall Hutchinson City MN 55350 NEWS RELEASE contact: Greg Michels (512) 327 -3328 for immediate release GOOD NEWS: Hutchinson City Ranks -Low in Average Basic Gov't Employee Annual Wage (in $s) According to the just published GOVERNMENTS OF MINNESOTA 1986, Hutchinson City ranks low in Minnesota in the following key areas: $ Percent Rank Percent Rank Key Area Amount in State Nationally Average Basic Gov't Employee Annual Wage (in $s) 20977 32 77 0 0 0 0 0 0 This is just a sample of the 440 different findings about the finances of Hutchinson City . The study also Justifies to your city council and taxpayers at least 36 specific ways to which Hutchinson City can save money and / or raise revenues. Many cities have used the GOVERNMENTS OF MINNESOTA 1986 as public justification for their policies. Not only will it show you which expense areas are 'out of line' but it gives you the objective background to convince others. And the study leads you to alternatives by jawing you comparable material on how other cities and counties are handling their finances and how some of them are prospering. The GOVERNMENTS OF MINNESOTA 1986, published annually by Municipal Analysis Services, Inc., an Austin, Texas firm, gives government executives and taxpayers a new perspective of their city, county and school districts by comparing them to similar governments. For more information on this study and how it can help Hutchinson City ,please call me at (512) 327 -3328 or write: dre Michels / Municipal Analysis Services, Inc. / P.O. Box 13453 / Austin, Texas 78711. -- END -- _ P. S. SEND THIS NEWS RELEASE TO YOUR LOCAL NEWSPAPER TO SHOW YWR CONST I T1IENTS HOW WELL YWR ARE M1166. %92 Nkmicipel Analpis Bermes Inc News Release Explanations and Implications AVERAGE BASIC GOVERNMENT EMPLOYEE ANNUAL WAGE is the average wage of full time government employees engaged in the basic services of police, fire, G&A, financial, waste water, sanitation, parks and recreation, public buildings and streets. Hutchinson City is compared to other cities of population size 2,000 to 10,000 . The statewide score of 32 means that 68 % of Minnesota cities were higher in Average Basic Gov't Employee Annual Wage (in SO and 31 of the cities were lower. The national score of 77 means that 76 % of the cities across the country were lower and 23 % were higher. A low average basic governement employee wage means that Hutchinson City pays relatively less to the average employee engaged in basic services. Strategy implications include: a. show your constituents that your management has kept wages low, b. argue that additional services may mean larger staffing, c. argue for higher budgets or less cuts, d. plan for new revenue sources and selective raises should employees ask for higher wages. i 0 (b l2) 587.5I51 N zril CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST _ -- HUTCHINSON. MINN 55350 M E M 0 DATE: October 9, 1986 TO: Mayor and City Council FOR YOUR INFORMATION FROM: Director of Engineering RE: Century Avenue Curb - Greencastle Attached is the response from Greencastle's contractor relative to the curb replacement problem on Century Avenue, Marlow V. Priebe Director of Engineering MVP /pv attachment CC: Ralph Newmann Butch Wentworth, Utilities 0 0 MILLER, MILLER & MAC, INC. GENERAL CONTRACTORS P. O. Box 248 HUTCHINSON. MINNESOTA Since S S S S O 1934 October 8, 1986 Homer Pittman City of Hutchinson 37 Washington Ave. W. Hutchinson, MN 55350 RE: Greencastle Project Dear Homer, In answer to your letter to me about the curb and gutter on the North side of Century Ave. that we replaced. As you noted there is two sections of the curb that have sunk down about 311. I reviewed this problem with my men that poured the curb and inspected the side before they poured the curb. We excavated out the soft wet material under the curb and replaced it with granular material and compacted. We placed the curb in level with the street. About two days after we placed the curb, the Hutchinson Utility came in with a backhoe and drove one wheel on the curb and one on the boulevard and dug a trench behind the curb parallel with it. Due to the excavation and undermining behind the curb and the weight of the backhoe, this caused the curb to settle. Also they left dirt piled up behind the curb which has not been removed or leveled off. I do not see where it is our responsibility to replace the curb and gutter or remove the material piled up behind the curb. Sincerely, Richard L. McClure PRESIDENT cc. - Greencastle: Newell Weed Tel. 587 -3008 a, \t'►NE�lq yo '1•. �i �yT OF 7PfN� Minnesota , Department of Transportation C Box 768 2505 TRANSPORTATION ROAD WILLMAR, MINNESOTA 56201 612/231 -5497 September 24, 1986 City of Hutchinson Attn: Marilyn Swanson 37 Washington Avenue West Hutchinson, MN 55350 Dear Ms. Swanson: Jai I have received your letter dated September 18, 1986, and attached Resolution No. 8383 requesting that Mn /DOT install 4 -way stops on the temporary bypass of T.H. 22 & 7 at School Road and California Street. As you had mentioned in your letter, the present situation has stop signs on School Road and California Street, but not on the bypass. This is essentially the same traffic control that was present before construction where School Road and California Street had stop conditions and T.H. 22 and T.H. 7 did not stop. The traffic volume on T.H. 22 and 7 is considerably higher than that of the cross streets and by stopping the highway traffic would seriously impede the flow of thousands of vehicles per day. Another problem that we would encounter if 4 -way stops were put in, is that the initial adjustment period is often times more hazardous when there is a changed condition. We have found that several vehicles will proceed through a stop sign when they are not expecting one to be there, and when cross street traffic is relying on the highway traffic to stop, accidents often occur. A third problem that exists at California Street is that at the present time California Street does not line up north and south of the bypass. This sort of geometrics does not lend itself well to a 4 -way stop condition In conclusion, we feel that the stop situation that is inplace now is at least as safe as before construction, especially because of reduced highway speeds during construction. We will continue to monitor the situation and if a problem should present itself, we will certainly be willing to make the appropriate adjustments in our traffic control. I appreciate your concern for safety. Sincerely, 444 P. C. Hug es District Engineer cc: K. Voss An Equal Opportunity Employer -MW® 0-521 r__ J C) C 0 b O Z 40 0 P W (612) 587.5151 CITY OF HUTCHINSON WASHINGTON AVENUE WEST TCHINSON, MINN. 55350 October 1, 1986 Attorney Bill Haas 201 Citizens Bank Building Hutchinson, MN 55350 Subject: Greencastle Dear Mr. Haas: R This letter is to confirm our telephone conversation of September 30. The city's existing relationship to the Greencastle project is shown by the attached agreement and addendum and council minutes. C Z T O C7 There remains a legal question on whether or not city ordinances require the cul -de -sac, and a question whether or not the new turn- around on Greencastle's present property meets the requirement of the ordinance, in the event the ordinance is applicable. Both Mr. Weed's attorney and the city attorney are reviewing these issues. In the event (1) the ordinance applies and (2) the private turn - around is determined not to have met ordinance specification, the city council motion requiring installation of a cul -de -sac centered at the end of Century Avenue is likely to prevail. Whether or not Mr. Weed will request the cul -de -sac improvement to be certified to taxes is not known to me at this time. Sincerely, CITY OF HUTCHINSON Gary D. �Plotz J City Administrator GP /hs cc: ' ayor and Council Newell Weed *` 5'2' 58'-5151 -,. CITY OF HUTCHINSON 37 ✓ASHINGTONAVENUE WEST o H_�TCwrJS'?N !NN. 5535O C O October 101 1986 MEW �O TO: Paul Ackland and Members of City Council .O RE: GREENCASTLE IZ Dear Mayor Ackland and Members of the Council: I have been asked to respond to Mr. Mitchell's letter of September 22, 1986. Mr. Mitchell argues that the requirements imposed by the Municipalities Subdivision Ordinance have been complied with. Section 5.212 of our Subdivision Ordinance currently states: "Dead -end streets will be approved if five hundred (500) feet long provided a designed turn - around area having a minim the edge of the finished street or curb less than fifty -three (53) feet and right -of -way radius of sixty (60) constructed." limited to permanently lm radius to line of not a minimum feet. is This section is the only city ordinance dealing with "dead -end" street. It does not specifically require a "cul -de -sac" a but rather mandates a "turn- around" be constructed. The only mention of "cul -de -sac" in municipal ordinances occurs in Subdivision Ordinance Section 5.30# which provides fro a minimum right -of -way radius for "cul -de -sacs" of sixty (60) feet. Nowhere in our municipal ordinances is "cul -de- sac" defined. Black's Law Dictionar defines a "cul -de -sac" as a "blind alley, a street wh c s open at one end only. Webster's Third New International Dictionar offers as a definition a passage or 'a ey w th no exit forward. Similar definitions are given by. The Oxford Universal Dictionary, Webster's 7th New Colle iate D car ,, and The World Book Dictionary. I believe that the municipalities fa lure to define "cul -de -sac" does not mean that the ordinance meant to adopt the dictionary definition but rather the drafters of the Subdivision Ordinance felt comfortable in equating the term "cul -de -sac" mentined in Section 5.30 with the term "turn- around area" mentioned in Section 5.212. The question then becomes whether Retirement Living Communities have provided a "turn- around area" that meets municipal requirements. These requirements are: W • Mayor Paul Ackland and Members of City Council Page 2 October 10, 1986 1. The street endings in the turn - around cannot be more than five hundred (500) feet long; 2. The minimum radius of the turn - around cannot be less that fifty -three (53) feet; and 3. The turn - around must have a minimum right of way radius of sixty (60) feet. Although ease of construction generally dictates a circular turn - around, the ordinance does not seem to require such a shape nor does the ordinance seem to require that the turn- around be centered on the street right -of -way. In refering to the above specifications, Mr Mitchell states "Both of these dimensions (turn- around radius and right -of -way radius) are met and more on the driveway and parking area for Greencastle. "Therefore, even if one were to conclude that the developer is legally obligated to install a cul -de -sac, the developer has already conformed to these requirements by construction of the existing parking lot and turn - around." Accepting the fact that the precise definition of "turn- around" is vague and the specifications provided by 5.212 are minimal, we then must ask if this matter were taken to court could a determinatin be made that the turn - around as provided complied with the requirements of 5.212, the terms of the purchase agreement, and the intent of the Council? At the June 11, 1985,Council meeting in which conditional approval of the sale of the property was given, a discussion concerning the status of Freemont Avenue was initiated by Councilman Mikulecky. Councilman Mikulecky was concerned that sale of the property would result in the removal of the temporary street connecting Freemont Avenue with Century Avenue. Mr. Mikulecky asked City Engineer Priebe if a cul -de -sac or turn - around was required. A concern was expressed that municipal safety vehicles and street equipment would be hampered if Freemont were to simply "dead -end." Mr. Priebe stated that there were provisions in city ordinances regulating turn- arounds and dead -end streets. Mr. Weed stated, "if a cul -de -sac would be necessary, obviously our project would have to share in the costs with other affected property owners." Both Councilman Mikulecky and Councilman Carls pointed out that, the "affected property owners" would be Greencastle and the city, due to the city ownership of the adjacent property. They felt that if a cul -de -sac were necessary it would be because of the sale of the property to Retirement Living Communities and that the municipality or L Mayor Paul Ackland and Members of the City Council Page 3 October 10, 1986 other property owners should not bear any of the costs of installation of a cul -de- sac /turn- around. Accordingly, a motion was passed approving the sale contingent upon several factors, one of them being, "the developer being responsible for the casts in developing the cul -de -sac on Freemon Avenue so that there would be no city cost or cost assessed out to any other party for the cul -de -sac." I was directed to participate with Retirement Living Communities to draft an appropriate purchase agreement. It was my understanding of the motion that its intent was not to require a turn- around if one was not required by ordinance, but to insure that if a turn - around were required it would be constructed solely at Retirement Living Communities expense. if the turn- around as currently constructed truly meets the requirements of 5.212 and has been installed solely at Retirement Living Communitie's expense, I believe that atrial could well result in a finding that both the Subdivision Ordinance and Purchase Agreement have been complied with. Mr. Mitchell further argues that the requirements of the Subdivision Ordinance do not apply to the Greencastle Project. The Project was developed in an area zoned R -3. In an R -3 zone multiple family dwellings are permitted without special application requirements or conditions attached. Multiple Family Dwellings is defined as "a building designed for or occupied by more than two families." The Greencastle Project met this definition. Zoning regulations require a PUD in R -1 or R -2 zones but not in R -3 zones. Since this was to be a condominium sale, no sub - division was necessary. Ownership of the property, that is the underlying ground, would remain unified. Purchasers cf the units would not have title to a particular lot but would have an undivided interest in the entire parcel. Since no subdivision was required the Subdivision Ordinance would not be applicable. Sincerely yours, CITY OF HUTCHINSON By/ �_14 I, )� U James H. Schaefer Hutchinson City Attorney JHS:nb 0 0 (612) 587 -5151 HaTCy' CITY OF HUTCHINSON o 37 WASHINGTON AVENUE WEST -- HUTCHINSON, MINN. 55350 O C October 2, 1986 Z T O 'S Attorney Jerry Gilligan Dorsey & Whitney 2200 First Bank Place East Z Minneapolis, MN 55402 Subject: Hutchinson — Tax Increment Area #4, District 4 Dear Jerry, The City has been collecting tax increments from Area 4 of District 4 to pay for parking improvement bonds. The Finance Director, Ken Merrill, has advised me that we are approaching a financial point that we can start considering what legal options may be available for: 1. Deleting Area 4 of District 4 or 2. Returning revenues from Area 4, District 4 to the various taxing jurisdictions (school, county, city, etc.) Enclosed is a copy of the legal settlement with James DeMeyer. Please make your review /opinion /recommendation in view of this document and the tax increment plan. Thank you. Sincerely, CITY OF HUTCHINSON Gary D. Plotz City Administrator cc: Mayor and Council James Schaefer, City Attorney Ken Merrill, Finance Director John Bernhagen, HCDC ;612' 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST \ HINSON, &1/NN 55350 September 17, 1986 Xir Mr. Gary Plotz Hutchinson City Administrator 37 Washington Avenue West Hutchinson, MN 55350 RE: Wastewater Treatment Easements Dear Gary: 16 6 T a0 A N N ti On September 12, 1986 Marlow Priebe forwarded to my .office addresses of various property owners to be contacted concerning the above captioned easements. On September, 17, 1986 I prepared communications to be mailed directly to the following property owners: 1. McRimm Milk Transit 2. 3M Company 3. Henry C. Kadelback 4. Milan Runke 5. Lucille Runke 6. Gerald F. and Ruth Blake 7. Gerald J. Hemerick 8. Suzanne J. Potter 9. Goebel Fixtures, Inc. 10. Wayne Kenning 11. Willard Exsted I am enclosing a copy of the letter mailed to these individuals for your files. I would note that no owner was identified for Lots A, B, C and D. Marlow Priebe indicated that he would continue to attempt to obtain the name and address of this property owner or owners and when such information was obtained would forward it directly to me. r cr It is my understanding that Marlow willl be preparing the legal description for the various easements and when he has prepared each legal description will forward that legal 1° description to my office so that I may incorporate it into the I O Z -rl O Z 0 Mr. Gary Plotz Page 2 September 17, 1986 appropriate easement and contact the property owner in an attempt to obtain signatures. After the initial contact with the property owners made by the September 17th letter, I will not contact them again directly until I have the appropriate legal descriptions. Sincerely yours, CITY OF HUTCHINSON Sy, -�� " V James "fl. chaefer Hutchinson City Attorney JHS•nb Enclosure cc: Mayor & Council • Randy DeVries Marlow V. Priebe Ralph Neumann Ken Merrill Mike Hoff 16121 U7.5'51 CITY Of HUTC I ON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55WO September 17s 1986 Bruce Torrel 3M Company Highway 22 South Hutchinson, NN 55350 SUBJECT: Easement for Proposed Wastewater Treatment Facility Dear Mr. Torrsls The City of Hutchinson is currently planning construction of a new Wastewater Treatment- Facility to be located on municipal property on South Highway 22. In order to connect the current facility with the proposed facility it is necessary to obtain easements along a route designated as shown on the enclosed map. As you can see, the route chosen corresponds to an already existing or proposed road. The easement required by the City would be 15 feet wider on each side than the existing township roadway easement and would authorize installation and maintenance of underground utility lines. Anticipating future expansion and development needs, the City also seeks electricals store severs sanitary sewer and roadway easements. Since a portion of the route passes over property currently in your ownership, you should be aware of the following: 1. Preparation and filing of the easement will be done at municpal expense. 2. The municipality will be responsible for restoring the property upon completion of installation of the line. 3. The easements granted will be perpetual. 4. Construction is expected to begin in 1987. If you have any questions concerning this matters please feel free to contact me at 587 -7200 or stop in my office at 105 2nd Avenue Southwest. I will be contacting you again when the proposed easements have been drafted. Sincerely.yourss James H. Schaefer Hutchinson` City Attorney JHS:nb cc: Mayor i Council Ralph Neumann Ken Merrill Marlow V. Priebe Randy D*Vries Mike Hoff �I (612) 587 -5151 H!/TCW, CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST __ - - HUTCHINSON, MINN. 55350 October 3, 1986 O C Don Roeker Z Donohue & Associates Sheboygan, WI 53081 .Z7 James Miller E; Donohue & Associates Maple Grove, MN Z Subject: MPCA Timetable to Obtain Easements, Options to Speed up Process Dear Mr. Roeker and Mr. Miller: The city attorney and city engineer have been working to obtain easements to connect the present wastewater facilities to the proposed wastewater plant. The progress has been documented by the various correspondence that has been forwarded to Donohue & Associates. The only timetable that was mentioned by Donohue was in relation to the grant submittal date of November 24th. Please provide the city with some kind of verification of the very last date that MPCA would need the easements in hand. As we understand, there is no federal funding or authorization to execute agreements under Phase III for the new treatment plant. If progress is being made with negotiations, and all property owners contacted, is this sufficient for MPCA at this time? Again, if we could have an "agreed upon" timetable with MPCA, Donohue and the city, this would be helpful to the city attorney in determining the options the city may have. Some changes in the required width of the easements (an option) or a slightly different layout route (an option) could speed up the process. For example, I understand from city attorney James Schaefer that if the township 30 - 33' roadway easements were utilized, only other easement may be necessary. In addition, if surface easements are not required it may be easier to negotiate with property owners. Please keep in contact with Attorney Schaefer at (612)587 -7200, and myself, so that the optimum easement can be gotten within an agreed upon MPCA timetable. Thank you. Sincerely, / . CITY OF HUTCHINSON cc: 4ayor and Council Marlow Priebe Randy DeVries Ralph Neumann Gary Plotz City Administrator /r (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 �Q October 2, 1986 Gary D. Plotz Hutchinson City Administrator HUTCHINSON CITY HALL 37 Washington Avenue West Hutchinson, MN 55350 RE: Wastewater Treatment Facility Easements Dear Gary: 0 Zu rF Z I have obtained from Marlow Priebe legal descriptions for easements over property, owned by Henry C. Kadelbach, McKimm Milk Transit, Gerald J. Hemerick, Gerald F. Blake, Milan Runker Lucille Runke and Minnesota, Mining and Manufacturing Company. The above individuals and company have been contacted by mail and provided a copy of a proposed easement. This easement is the standard easement utiliized by the municipality for utility and roadway purposes. I have previously provided you with copies of the proposed easements and the cover letter. When I have obtained a response from the affected property owners I will let you know. I would like to comment on the appropriateness of providing renumeration for the acquisition of the easements. I would first point out that, for the majority of the property owners, we would actually be acquiring only 15 feet of currently usable property. The balance of the easement would be an existing roadway. The 15 foot easement we would acquire in addition to the roadway would not substantially devalue the individual's property. I would ( sagest that if nominal payment for the easement canno e Jt arranged, condemnation praceecrngs Be conszverea. 1 am providing or inc us on Wiest— C- ounc37-'m"ti-ng agenda a resolution authorizing proceeding with eminent domain actions against all property owners. This resolution should be considered as a viable alternate shou ne otiati.ons ai to resu tYin e'atis actory easements. Sin erely yours, James H. Schaefer Hutchinson City Attorney JHS:nb Enclosure 9 0 0 RESOLUTION NO. RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN WHEREAS, the City Council has heretofore determined that the City of Hutchinson should construct a Wastewater Treatment Facility and, WHEREAS, the City Council has heretofore determined that in order to carry out the purpose described above, it is necessary to acquire certain easements which would permit connection of the existing Wastewater Treatment Facility with the proposed Wastewater Treatment Facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA, AS FOLLOWS: 1. Acquisition of an easement by the City over, on and under the following described property is necessary for the purpose of construction, erection, operation and maintenance of underground storm sewer, sanitary sewer, watermains, roadway and other utilities on, along, over, through, across or under said lands. a. Parcel one: b. Parcel two: c. etc. 2. The City Attorney is authorized and directed on behalf of the City to acquire said easements to the real estate above described by the exercise of the power of eminent domain pursuant to Minnesota Statutes, Chapter 117, and is specifically authorized to notify the owners of intent to take possession pursuant to Minnesota Statutes, Section 117.042. The City 1 Attorney is further authorized to take all actions necessary and desirable to carry out the purposes of this resolution. Adopted by the City Council this day of , 1986. Attest: Gary Plotz, C er 2 Mayor Paul Ackland 0 i {612) 587 -5151 H!/TCH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 October 1, 1986 M E M O R A N D U M TO: JAMES SCHAEFER, CITY ATTORNEY FROM: GARY PLOTZ, CITY ADMINISTRATOR SUBJECT: REQUEST FOR LEGAL OPINION ON DISTRIBUTION OF BIBLES ON PUBLIC SIDEWALK /BOULEVARD (ADJACENT TO SCHOOL) I have been requested by Councilmember Carls, that the City Attorney review existing City ordinances to see if distribution of literature to children is legal while on city sidewalk/ boulevard under existing City ordinances. As we discussed on September 26, 1986, the Gideon were distributing Bibles on Friday, September 19, 1986, while on the sidewalk/ boulevard adjacent to the elementary school. Some parents have objected and called the city and /or councilmembers. The question has been raised if a new ordinance may be legal that regulates the distribution of any item to children, and /or within so many feet of schools; while being on city sidewalk or boulevard. Please respond in writing. GP /hs cc: Mayor and Council Police Chief 0 O -G O C Z —rt O O Z i. r 16121587 -51ST L =y , CITY OF HUTCHINSON % 7 WASNIN _TON AVENUE WEST / 0 ?T( HINSON. h'11 ^JN. 55350 October 3,- 1986 Gary D. Plotz Hutchinson City Administrator HUTCHINSON CITY BALL 37 Washington Avenue West Hutchinson, MN 55350 RE Request for Legal Opinion on Distribution of Bibles on Public Sidewalks /Boulevard Adjacent to Elementary School Dear Gary: On Friday, September 19, 1986 local members of the Guideon's distributed religious literature to Hutchinson elementary school students. The distribution took place on the public sidewalks and boulevards surrounding the Hutchinson Elementary School and occurred after school hours. No charge was made for the literature so distributed and the children were apparently free to accept or reject the literature as they chose. I have been asked to comment on the validity or legality of such action under current municipal ordinances. Hutchinson's Transient Merchant Ordinance requires the licensing of all peddlers, soliciters and transient merchants. This ordinance is designed to regulate the sale of items, goods or services for remuneration and was not specifically designed to require licensing of individuals or organizations whose purpose is to distribute items to local citizenry free of charge. In any event, Section 5 of the Transient Merchant Ordinance specifically exempts religious and charitable organizations from its provisions. I do not believe that the activities described constitute a public nuisance or disorderly conduct under state or local statutes or ordinances. O -C c T a X Mr. Gary P1otz Page 2 October 3, 1986 The First Amendment to the United States Constitution provides "Congress shall make no law respecting and establishment of religion, or prohibiting the free exercise thereof." The free distribution of religious literature and materials has been held to be a constitutionally protected activity. Any restriction on this right must have a public purpose that out - weighs the harm caused by the imposition of the abridgment. In this instance the perceived harm is not in the distribution of the materials themselves, but in the distribution of the materials to children of tender years. The arguement is made that parents teach their children not to accept gifts from strangers and the distribution of religious literature to children by strangers, however well meaning and intended, undermines this instruction. In order to prevent the preceived harm several alternatives are available. The municipality could ban all distribution of materials or literature to minors, attempt to require a license to distribute materials to minors, or it could attempt to regulate the distribution of materials to minors within any certain distance from public or private schools. I do not believe that any of these alternatives would be constitutionally acceptable. In my opinion the perceived harm is to remote to justify state restriction of First Amendment freedoms. I have contacted the League of Minnesota Cities to request that they provide me with their opinion on the possible alternatives. Their initial response was similar to mine. I will contact you directly upon receipt of the information which I receive from the League on this topic. Sincerely yours, James H. Schaefer Hutchinson City Attorney JHS:nb L rr (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 October 6, 1986 Mr. Martin Zieman 887 Oak Street Hutchinson, MN 55350 Marie C. Ewald 107 Maple Street Lester Prairie, MN 55354 SUBJECT: Zoning use of property - 7 & 9 Northwoods Ave. Dear Marie Ewald: I 0 C -�i O Z On July 22, 1986 the City Council approved your request for a conditional use permit to operate a boarding and lodging home for the elderly. The city has been notified by some area residents that people other than the elderly are tenants in the boarding facility. Please advise the city if there are other than elderly at 7 & 9 Northwoods Ave. (except caretaker). As you pro a- 6TyT-now the zoning ordinance allows only "elderly" for the boarding and lodging facility. Lastly, we have been unable to "record" your conditional use permit because we have not received your abstract. Please provide this to Bonnie;Baumetz, City Hall, so that this can be sent to the County Recorder. Thank You. Sincerely, , Gary B City Administrator cc: Mayor and Council Planning Commission Marlow Priebe Homer Pittman George field James Schaefer GP /bb 0 E L1 0 f612" 597 -5751 C1 f Y OF HUTCHINSON 37 U✓:A'Q' ' G TON A VENUE WEST uI)TC,y1',17N. 55350 October 6, 1986 Mayor Paul Ackland Members of the Hutchinson City Council RE: Display of Nativity Scene Dear Mayor Ackland: .t o u x � 1 9 O 2 I have been asked to comment upon the appropriateness of the municipality authorizing display of a privately owned Nativity Scene on public property. In order for such a display to be appropriate it must meet a three - pronged test. First, the practice must have a secular legislative purpose. Second, its principle or primary affect must neither advance nor inhibit religion. Last, it must not foster an excessive government entanglement with religion. There have been many cases which have considered this issue. The most recent case is American Civil Liberties Union vs. City of Birmingham, a sixth - circuit Court of Appeals decision from June of 1986. In that case a Christmas time display of a city owned Nativity scene on the front lawn of the city hall of Birmingham, Michigan was held to be improper. In the Birmingham case the Nativity scene was displayed standing alone without any of the non - religious symbols of Christmas. The Court concluded that such a display did in fact convey a message of endorsement of Christianity. it stated "a creche standing alone without any of the non - religious symbols of Christmas affirms the most fundamental of Christian beliefs - that the birth of Jesus was not just another historical event, but rather was an act of Divine intervention in human affairs that set this birth apart from all others." It went on to say " when surrounded by a multitude of secular symbols of Christmas, a Nativity scene may do no more than remind an observer that the holiday has a religious origin. But when the non - religious trappings are stripped away, there remains only the universally recognized symbol for the central affirmation of a single religion - Christianity." The Court concludes "the city -owned and city - sponsered Nativity scene Mayor Paul Ackland Page 2 October 6, 1986 sends quite a different message when it stands alone as the only clearly identifiable symbol chosen by the city to mark its contribution to the celebration. The direct and immediate affect of such a- display is endorsement of a particular religion." A contrary decision was reached in McCrear�vs�Stone, 789 Fed 2nd, 716. In that case the Vil age a of Scarsdale permitted a civic group to place a Nativity scene in a city - owned park during the Christmas holiday season. The Scarsdale Nativity scene was placed on city -owned land, standing alone, and display a .disclaimer that read "this Nativity scene has been erected and maintained solely by the Scarsdale creche commltteer a private organization. " - The Court held that this was proper, apparently placing an emphasis on the fact that the public park had been utilized as a forum for other political organizations and social groups in the past and that a denial of the permit allowing such a display could be an abridgement of freedom of speech. The situation purposed appears to more closely resemble the Scarsdale facts rather than the Birmingham situation. I believe that it may be possible to permit the display of the Nativity scene in a Constitutionally acceptable manner. Such a display may or may not result in protest, controversy or legal action. Since this an area where the law seems to be settled on a case -by -case basis I can make no prediction as to what the outcome of any such action would be. Sincerely yours, CITY OF HUTCHINSON By/ &,-w k^ � `�" � James H. Schaefer U Hutchinson City Attorney JHS:nb 1.1 • ff (612) 587 -5151 ITY OF HUTCHINSON WASHINGTON AVENUE WEST CHINSON, MINN. 55350 October 6, 1986 va Z -n �t Barry Anderson, Attorney CO 101 Main South Z Hutchinson, MN 55350 Subject: Local Programing Studio Dear Barry: Hubertus Sarazin and Alice Paul met with me on October 6 to discuss their pending move. Specifically, the local office of North American is moving from Main Street to the corner of 2nd Ave and Franklin St. (formerly Marge's Maternity /Uniform location). The space is very limited, and it is not possible to have a studio. I have reviewed the franchise agreement and it specifically speaks of providing an office. Sue Potter has asked the city attorney to review the agreement further. The position of North American is that in excess of $24,000 plus some equipment.is contributed each year (including the additional franchise fee forwarded to HCVN) and that HCVN should be able to have funds to rent space, if something cannot be worked out with the video section of the vocational school. If two way communi- cations are set up at the vocational school, Hubertus Sarazin indicated they would share in the cost of the module and hook -up (est.$4,000). At a more accessible location, perhaps they may pay for the hook -up. I would suggest we meet with the school district as soon as possible. Please call me so we can set up a meeting. Thank you. Sincerely, CITY OF HUTCHINSON I L� Gary W7 dmire City Administrator cc: Mayor and Council Sue Potter v THEIS & LONG, P.A. no,WC ArronNErs AT LAW a� S� ,.d[YC S re 703 i 793 EwSr I1rN STREET __i d F�� , / A6001 GLENCOE, MINNESOTA 53336 -2699 (612) 964-6151 4114 E�� 1 PAUL P. THEIS /{t LEST�[t PPICE: 8. MIC AEL ). LONG � FJ/,.0 J ( 12) 395 -2777 October 3, 1986 g4BS ..0 fC CERTIFIED MAIL * RETURN RECEIPT REQUESTED a w 12 m 67 I--, i fO City Clerk City Hall d�f222ttp2�$�1 to Hutchinson, MN 55350 Re: Charles Hutchins et al Dear Clerk: Enclosed herewith and served upon you please find tice of Claim regarding the Charles Hutchins family. It is my understanding that the City, through its building inspec or, was well aware of this problem last Fall. • For your information, the owner's interest of Tom S vage is being handled by Marshall W. Seymour of Allstate Insuran e 7101 Metro Blvd., Edina, MN 554359 (612)937 -0800. The inte eat of Krasen Plumbing & Heating, who installed the furnace, ip being handled by Brenda Jones of CIGNA Companies, 3500 West th Street, P. 0. Box 1190, Minneapolis, MN 55440, (612)8;3'-7700. I would appreciate your carrier contacting me. Yours very truly, THEIS & LONG, P.A- AMR 49 PFT /kt Enclosure cc Charles Hutchins NOTICE OF CLAAIM IM ACCORDANCE WITH M.S. §466.05 TO: .City Clerk City Hall Hutchinson, MN 55350 PLEASE TAKE NOTICE, That Charles Hutchins, Susan Hutchins, Nathan Hutchins and Erik Hutchins, all of Hutchinson, Minnesota, hereby claim damages from the City of Hutchinson in an amount_ greater than $50,000.00 by reason of bodily injury sustained by said claimants during the Fall of 1985, as a result of carbon monoxide poisoning at 1204 Oakwood Lane, Hutchinson, Minnesota. That damages have occurred to the claimants as a result of the negligence of the City of Hutchinson and its agents and employees for their negligence, including but not limited to their failure to inspect installation and the allowance of improper and unsafe installation of a certain furnace located upon the subject property and the allowance of continuance of said improper and unsafe installation. Dated: October 6, 1986. THEIS A LONG. P.A. "Y * -r Paul F", eis Attorneys for Claimants 703 East 11th Street Glencoe, MN 55336 Phone: 612 - 864 -6151 Attorney ID #10890X 0 0 A Ll i September 29, 1986 Minnesota Pollution Control Agency Division of Water Quality 1935 W. County Road B -2 Roseville, MN 55113 -2785 Attn: Mr. Timothy K. Scherkenback Director Re: August 26, 1986 Board Hearing Permanent Rule Change MPCA Liaison Dear Mr. Scherkenback: N �Q .46 � N �; n�4u'ro4 �`2026181t�9y�` We wish to take this opportunity to thank you for the courtesy afforded us in presenting our proposal to create a plan submittal bypass procedure to you, your staff, and the Board on August 26, 1986. We understand your reluctance to move ahead with the change on this year's list based on the Attorney General's opinion that an actual rule change is necessary. In order to clear the record on this concept, we would like to state that this proposal was not a "Donohue" proposal but rather a legitimate concern raised by those communities who have moved ahead and will be without construction funding this coming year. As you are aware, many of these communities filed letters with your staff and the Board in favor of the proposal. These same communities have requested that we continue to work in harmony with you in affecting a potential permanent rule change prior to the FY88 list adoption. Per the September CGM news letter request for input we would like to meet with you and Sharon to discuss this further. With an entire year before us, we believe there is sufficient time to gather public input and develop a "permanent" rule in which the Board, Agency, and communities can live with. We are therefore requesting that you consider offering us an audience to work out the kind of amendment which will serve all interests in this area. The rule change we are looking towards proposing would include the following general provisions: 1. Elimination of Step 2/3 grants with the FY88 project priority list. Donohue & Associates, Inc. 7200 Hemlock Lane North, Suite 200 Maple Grove, Minnesota 55369 Engineers & Architects 612 - 425 -2181 O O_ 7a Z T C:) O Z Donohue Mr. Timothy K. Scherkenback September 29, 1986 Page 2 2. A revision to the now current December l deadline on plan submittal for those wishing Step 3 funding. (This would ease the impact of step 2/3 elimination.) 3. The development of a more flexible grant funding policy which will encourace performance and accountability by communities. The development of a system that will allow construction We are specifically concerned about number 3 above and would like to, discuss what neighboring states have done to cope with this issue. Your agency's long history of cost overruns, project delays and incredibly difficult grant administrative activities has burdened the entire program. It is time to have projects move and to get completed in an efficient and professional manner. We look forward to your positive response to our request. We believe that if these concepts are implemented prior to the FY88 list, that some projects funded in PY88'will beat FY87 projects into construction. Please do not hesitate to contact either additional questions. Very truly yours, DO E & ASSOCIATES, INC. Ala L. Berg, P.E., Manager ��E(n ^ /�vironmenta3SeXL-4� Donal oecke P.E., Manager Governmental Liaison Activities ALB /DFR /mv cc: Marcia Gelpe Keith Ness Sharon Meyer City of Lakefield, MN City of Appleton, MN City of Eagle Lako, HN City of Rutzhinwal# HK City of Minneota,f City of La Crescent, MN City of Mankato, MN of us if you have any 0 I] VIN WEBER 20 DISTRICT, MINNESOTA 319 CANNON BUILDING WASNMGVN, DC 20919 (204) 228 -2331 W EP.U. 9DR 279 UN MN 59073 7) 394-0100 919 SOUTH 1ST STREET WNLMNI. MN 58201 f612)235-6820 P.O. 80K 1214 MARSHALL. MN 58258 (907) 532 -9811 QCongreog of the Mttiteb Optatto ouge of Repregentatibeg Maoington, ID C 20515 Ms. Marilyn Swanson Administrative Secretary fry City of Hutchinson 37 Washington Ave. West Hutchinson, Minnesota 55350 Dear Ms. Swanson: October 1, 1986A�1� any b C °1(LS) 110P) 0 �) i f COMMITTEE ON THE BUDGET COMMITTEE ON PUBLIC WORKS AND TRANSPORTATION IW 1 "VN COMMITTEE ON SMALL BUSINESS SUBCONMITTEE: ANTITRUST AND RESTRAINT OF TRADE -R ASSISTANT REGIONAL WHIP O�EE REPUBLICAN POLICY COMMIITEB�� t23gss� � �o3ti- tiF5 c � �2 /20Z6�g�L� C:) I was very disappointed that we could not defeat the rule on the Continuing Funding Resolution so general revenue sharing could be provided budget authority for fiscal year 1987. As you may know, House Appropriations Committee Chairman Jamie Whitten included language in the Continuing Funding Resolution that would have allowed $3.4 billion for revenue sharing. However, the House Rules Committee refused to move a funding resolution with money for general revenue sharing added. I have enclosed a copy of a "Dear Colleague" letter from Rep. Ted Weiss which explains the necessity to vote to defeat the rule for consideration of the funding resolution. Defeat of the rule would have allowed us to offer an amendment to include money for GRS. I was joined by only one other Minnesota congressman in opposing the rule. The effort to defeat the rule lost on a close vote of 216 -202. it keep you updated on this issue. ce , V' e r M b of Congress VW /dkr Enclosure 4 .611t {Ir. tiY V �. .0 rrl xn\ A %.OVA.,i- 1EP ial'r .: r NINETY -NINTH CONGRESS 00ngrESS Of tilt , - nitEd �12.7►tatrs $i ©n5£ Of RtPrESM303ES INTERGOVERNMENTAL RELATIONS AND HUMAN RESOURCES SUBCOMMITTEE Of THE COMMI i7EE ON GOVERNMENT OPERATIONS RAYBURN HOUSE OFF:CE BUILDING, ROOM 8 -372 WASHINGTON, OC 20515 (2021226 -26a8 September 25, 1966 URGENT ATTENTION: FLOOR ACTION TODAY DEFEAT CONTINUING RESOLU'TICN RULE TO SAVE GENERAL REVENUE SHARING Dear Colleague: 11 IN r.: >WiN:14:. u[i....� if you support the general revenue sharing program (GRS), please join me in opposing the rule to be considered this afternoon on the Continuing Resolution (CR) for FY 1987. This may be the last opportunity we have before adjournment to show our support for this vital program. Last week the Committee on Appropriations reported a CR which included a one -year extension of GRS at a 75 percent funding level, which is approximately $3.45 billion for FY 1987, An amendment in the Appropriations Committee to delete GRS was defeated. The Committee on Rules heard extensive testimony on the CR. However, because it appears that a large majority of Members would vote to continue GRS, this original CR will not be brought to the Floor. Instead, a new Continuing Resolution was introduced yesterday which contains no provision for GRS. This CR has not been voted on by the Committee on Appropriations and the rule which will permit its consideration does not allow for any amendments to put revenue sharing back in the CR. To say the least, this violates normal House legislative procedures. A vote against the rule will be a vote for revenue sharing. ?lease vote to defeat the rule on the Continuing Resolution. T PWF S Chairman • O_ r� 0 (612) 587 -5151 ff ITY OF HUTCHINSON WASHINGTON AVENUE WEST CHINSON, MINN. 55350 October 8, 1986 Dick Phillips Assistant Personnel Director 3M Company Hutchinson, MN 55350 and Roger Haggenmiller 521 Kay Street Hutchinson, MN 55350 Subject: City Education Incentive Committee Dear Mr. Phillips: Thank you for your willingness to serve on the City of Hutchinson Employee Education Incentive Committee. We will have our first meeting at 7 p.m. on October 13, 1986, in the City Council chambers at City Hall. C O O At this upcoming meeting, we would like to hear what education incentive programs are in place, if any, at your own place of employment. Currently, the League of Cities has an annual benefit survey of municipal employers; specifically for educational incentives. This portion of their survey is attached for your perusal. Sincerely, CITY OF HUTCHINSON Gary Plota City Administrator cc: Mayor and Council V (6 T2) 587-5151 lTY OF HUTCHINSON ✓ASHINGTON AVENUE WEST :HINSON, MINN. 55350 OCTOBER 6, 1986 TO: MAYOR k CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR ---------------------------------- ---- -- ------ ---------- - - - - -- SUBJECT: DELIQUENT TAXES The council asked me to check on the real estate taxes on two parcels in the city. Upon checking today the records at the county show the Midwest Trailer court property is deliquent on their taxes for the years 1953, 1984, and 1965. The first half for the 1986 year have not yet been paid. The S 6 L Rehab property does not have any past years taxes due, but at this time the first half of the 1986 taxes have not yet been paid. is #% —4 OF Tt October 6, 1986 Minnesota Department of Transportation Transportation Building, St. Paul, MN 55155 V ti Mr. Gary D. Plotz City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Re: Status Report Appraisals Dear Mr. Plotz: �ll 2' ♦ r� r OCT IM Phone G Z O O Z The appraisals on the Hutchinson Airport were received from the appraiser in Willmar in August and the reviewer for this office completed the inspection of both the subject properties and the comparable sales about the middle of September. Due to the large amount of review work in the last few weeks, the review had not been completed. The review will be completed in the next two weeks so that the appraisals can be certified and delivered to you by October 17. The copies of the appraisal and review will be forwarded to you. If there are any other concerns, be sure to let us know. SincV?bJq yours, RAJ. Dihn en Director of Right of Way and Surveys An Equal Opportunily Employer L FrAK (612) 587 -5151 CITY OF HUTCHINSON Jt4* IV 37 WASHINGTON AVENUE WEST V HUTCHINSON, MINN. 55350 / Q September 4, 1986 0 MEMORANDUM FOR YOUR INFORM AI N •,• r• �� •�•+:• r� ♦••.•�• a •• RE: PERSORM FILES In reviewing procedures related to storing and di¢seninating personnel data, I called the League of Cities for information, as suggested by the City Attorney in his August 6, 1986, memorandum to Mayor Ackland. I was referred by then to Mr. Don Ge berling of the State of Mai Data Privacy Division (tel. 296 - 6733). I explained to Mr. Genberling that our present policy is to maintain an individual file folder for each employee's personnel record, limiting access to that file to the two individuals who normally work with the records. I asked him if he could suggest a method of separation of "private" and "public" data so that in the event of a request to review a file, we would have information in proper category. Mr. Ge ezling's response is summarized below. 1. The law specifies which information is public. All other data is considered private. The problem this creates is that on virtually every sheet of paper in a file there might be one item of private data, while the major portion of information is public. (For instance, a social security number is private, and is sham on many forms.) In most cases, it is a practical impossibility to completely separate private and public data, due to the varied information on most forms. In the event of a citizen request to review a file, no time is specified in which a response must be made. Normal procedure is to have a policy which states "we will make appropriate and prompt response,'depending on the nature of the request (which information is desired) - an immediate response will be attempted, but up to 5 days may be required.:" 4. Personnel staff would review file contents, copy those pieces of data which were requested, whiting out any private data, and reviadN, if necessary, with the city attorney to clarify status of data. 5. In the event an elected official requests to review a file, the same procedure would apply. If an elected official would request to lee private data, this would most certainly be a legal matter in aihich the city attorney must become involved. In summary, the advice received was that the city should not spend the time and money required to revamp an entire set of personnel records in preparation for the possibility that a limited number of aqquuees might be received. These requests would have to be reviewed on an individual basis. No 5 minute responses are required for any reques* . * * Ll • -1 � (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 October 1, 1986 M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: GARY PLOTZ, CITY ADMINISTRATOR SUBJECT: CITY ADMINISTRATOR'S PERFORMANCE REVIEW Today I received my performance review and discussed it with Council member Marlin Torgerson. Regarding management factors (knowledge of job, problem solving/ decision making, working with people, and economics management) the areas were marked satisfactorily. Regarding "communications" the area was primarily in notifying employees downward or laterally in the event I am gone or unavailable. To address this I have implemented the attached policy. Please review the policy and if you have any questions please contact me immediately. I feel the annual review is beneficial and appreciate the time spent. O O C z O �a O Z L M I I Y -A (672) 587 -5151 F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: September 16, 1986 T0: Staff and Secretaries FROM: Gary D. Plotz, City Administrator SUBJECT: Office Notification Policy ------------------- ----- - - - - -- To assist you in locating me for a phone call or people that may "drop in ", I desire the following: UPSTAIRS Upon going upstairs in City Hall, the receptionist or acting receptionist will be notified by me. Please take messages, unless you determine the call is very urgent. If the call is urgent, contact the engineering secretary, as she is centrally and visually located to the offices I frequent (namely: personnel, engineering, fire and building inspections). Council members' calls shall be put through immediately. DOWNSTAIRS While in the daily work area of the secretaries and accounting, no specific notification happens because of the constant checking on various items by the nature of the job. Generally speaking, if I am downstairs and not in the office, I am in accounting. Please take messages if I am meeting with Ken, except for urgent items or Council members' telephone calls. If I am in the police department for more than a very brief time, the recep- tionist or acting receptionist will be notified. VUL Or BunnilLIG Notification to the receptionist or acting receptionist plus a very general time span estimate on how long I am gone is hereby my policy. I would request all salaried employees within City Hall implement the same policy, as it would help the staff, secretaries and, specifically, the switchboard operator /recep- tionist. ,1 This is consistent with the Council policy of June 10, 1986 found on page 27: NOTIFICATION OF ABSENCE FROM CITY "...You are strongly encouraged to notify the receptionist when you are gone substantial portions of a day, not covered in the above policy, so telephone calls can be handled efficiently." The estimate of how long we are gone is only an estimate as we realize you may be stopped during the day and asked questions A to Z that prolong your return, or meetings frequently run over. Nevertheless, the best estimate is your "guesstimate" and is of value. MEETINGS IN OFFICE Please take telephone messages for all incoming calls if I am meeting with some- one in the office, unless it is a very urgent call or a Council member. Please note that all outside incoming calls are automatically relayed back to the switchboard because of the electronic telephone system. If I have a meeting, again please take a message. My secretary will intercept and take messages for internal calls when I am in a meeting. ANSWERING OF CALLS FROM THE PUBLIC I request calls, primarily incoming calls from the public, be answered: "Good Morning" or "Good Afternoon - City Hall - May I Help You ?" Thank you for your cooperation on this matter. /mS -10 G 0 a} UTCHINSON VENUE WEST W 'CNINSJAJ MINK .5`?5r? October 6, 1986 Gary D. Plotz Hutchinson City Administrator HUTCHINSON CITY HALL 37 Washington Avenue West Hutchinson, MN 55350 RE: CITY AUDITOR'S REPORT OF POLICE FUNDS Dear Gary: J �4 1b�� Jac` 2 XA In relation to the above captioned matter you asked me the following questions: 1. Is there any legal problem in releasing any auditor's report concerning police funds to the Police Chief "as soon as it becomes available "? 2. Is the auditor's report "public information," and is there any legal liability in making this available to the public (media and others)? My understanding is that the audit conducted by the Charles Bailly accountants will cover the records and selected transactions of the Police Petty Cash Fund, the Police Employee Fund and the Hutchinson Crime Prevention Fund for the years 1983, 1984 and 1985. As Chief of Police, Dean O'Borsky is the administrative head of the Hutchinson Police Department. His duties would clearly permit access to the type of information expected to be contained in the report. To the extent that he may be the subject of information in the report such information would be available to him upon his request. I believe that a copy of the report should be made available to Chief O'Borsky within a reasonable time after it becomes available. The auditor's report may or not may be "public information.' Since the substance of the report is at the present time unknown I can make no comment as to whether it should be made available to the public. I would suggest thac upon its receipt, it be classified as "protected non - public data" under L Mr. Gary Plotz Page 2 October 6, 1986 the provisions of MSA 13.39. This is the category defining Investigative Data concerning pending civil legal litigation. Upon its classification as protected non - public data it should be referred to the responsible authority who, together with myself, will review the report and make a determination as to its ultimate status. The document should not be released to the public until such time as such review has been completed. If the report is made available to Chief O'Borsky prior, to such a review, I would suggest that Chief O'Borsky be informed of the report's classification and told that it,should not be released to anyone other than himself. I have also been given asked to comment on whether any meeting to discuss the auditor's report and related topics must be a public meeting. I believe that there are several potential situations which could result in such a meeting being closed to the public. To a large extent the nature of the meeting will depend upon the results of the auditor's report and the information that will be discussed. I will attempt to give any opinion at this time but will wait until we receive a copy of the report. After reviewing the report, I will be better able to determine if any of the information to be discussed is non - public, private or confidential and therefore beyond the scope of the open- meeting law. Sincerely yours, CITY OF HUTCHINSON By/),,---4-L4 James H. Schaefer Hutchinson City Attorney JHS:nb i (612) 587 -5151 ;vaTCy CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST -M HUTCHINSON, MINN. 55350 October 6, 1986 O C 2 MEMO RAN ➢UM ..T O 74 TO: JAMES SCHAEFER 0 FROM, GARY PLOTZ Z SUBJECT: PERSONNEL FILES Please review the attached correspondence dated September 30,, 1986 from Dean O'Borsky. Specifically in paragraph #3, he is requesting a statement from the City ..absolving the Chief of Police from liability in any. subsequent release of private data...." Please assist the City in responding to the request as presented in paragraph 3. cc: "Mayor and Council Dean O'Borsky EMPLOYMENT ADVISORY TO MAYOR AND CITY COUNCIL' FOR YOUR INFORMATION CITY OF HUTCHINMN NAME DA ADDRESS October 2, 1986 Laurie Ryg 565 Juergens L Aged, Hdtchbison JOB TITLE Gy"4cs instructor SUPERVISED BY Bruce Frimm, Thy Meier EMPLOYMENT STATUS X NEW EMPLOYEE FULL TIME PAY RATE T3 COMMENTS OTHER: XPARTTIME OR SEASONAL fall- winter progran THE ABOVE PERSONNEL ACTION CONFORMS TO ADOPTED PERSONNEL POLICY AND TO THE COUNCIL APPROVED SELECTION PROCESS. DEPARTMPT ,HEAD PERSONNEL COORDINATOR ,pL.11�AJ YA?�k CITY AmfiNtSTRATOR H' t- (612) 58755' C Tr ©F HUTCHINSON I 37 jS,_i1NG TON AVENUE WEST UT1 S 14 C H 1,N )N , MINN s53�O FOR YOUR INFORMATION M E M O R A N D U M DATE: September 26, 1986 TO Christina's,�ftrty Committee ---------------- FROM: Gary Plotz, City Administrator ------------------------------ SUBJECT: Profits for vending machine sales — — — — — — — — — — — — — — — The Council provided thei.r,.opini.on,at the September 22nd budget, meeting that -profits-' from vending machines whic'h ar4� primarily rRarily being utilized by City employees may go to the employee special event (ex. Christmas). However, machines that are producing profits primarily non-employees (like vending machines at the arena and recreation building) are to be assigned to the general fund. cc ayor & -Council- Directors , Charl es Ba i I #.y James Schaefer ELEVATED TANK. 9EAVIICEI,�ANC. Water-lower : pecii,alists Ail 'No rk.Cuaranteed WELDING NFN ROOFS TWENTY JIVE YEAFIS FXPERIErJCE -NEW PISERS SAN0E LASTING I - I - - BOARD OF HEALTH AND AWWA PAttu GNG BONDED AND APPROVED INTE�IOR' C, OA DINGS NEW .SHELLS @ INSURC,D - ` ME %ABER AMERICAN WATERWORKS ASSOCI&PON r`s- Insulated FrOSt .laoketS Of DOUble Metal- COr.StrUCtiO!1 WATER TOWER MAINTENANCE TWENTY -FOUR HOUR' Hollarid-;Olson Bus (605) 332136-3 EMERGENCY SERVICE P.O. BOX 104 DES (605) 446.32¢; y SIOUX FALLS, S. D. 57101 40 CCA oba.r, I(A Minnesota Cities Lab r re i aii Cy Smythf 70 Comparable `north: What to do after the study � '5 Part 11 value, Cities uiiio:,s• and /or arbitrators pensationi and *.heir exernpt employees __q Last month, this rolurnn dealt with arc; left to determthe standards fc2r ine ": (no ovefime compensauc.±): the specific procedural and substantive reasonableness subject to court review Failure by a city to adequately redviremerts,•'of Ntinne:sota's i9EA_ Ler Auqus[ i, ?.fi$% -address '{hes ;m differentials may leave Comparable Wortli i,avl. Th& broadly rht? d>_61ty-:,of determiiiing total the 6ty.vfiluerable to: stated general obligation the law places compensation reasonableness berav en l I.eizal Action urider the comparable C a em cities, unions, and arbitrators is to employees has bee} comVrurded by woctl.legislatirn�,y exefttpt`employees ZZ establish reasonable co relax'' the imposition on cities of he Federa `' aE;eg �g unreasonable teal compensa- tionships between employees based on Fain Lobar Standards Act (FL A) on ; Uon rst<itionm%Pq. n eastuedjob and *locket �ra]ue. Apra 15, iq8(•.: The overt.n,- nbl:gar,, 2, llr iQ�z,at:on of supervisory The law does ;not pravide -any for- bons of the F.L.SA for nonexeu.p'; (rxempt)'etnployee groups (which mufa to rt Pa -, re w :.ether a co ipensa- personnel u^,il xequim cities to spe6 - would then have the l tght'•to arbitrate tion relationship s) is reasonahic or caL'y ;address the corrlpensatio . tilff •.. t .eir labor-disputes with the cities the unreasonable, nor (lies it assign "rela- entials betweem ,heir not:- exempt sane as "essential: employee" Rre weigh to jib vaiioc vet'su, market employee Cn s ;.da "r v nvart m_ osn- groups'. In ordr c to avoid lawsuits. or the un�aniznrionbf supervisory/manage- mert employee groups, cities should _ - g ' N A,i Q `i design their'compensation relationships under the -comparable worth law t�4 include FLSA considerations.• In th6�_w Past. a cornmon situation occurre Spacla45ts in: whe.?e a. super.s��rwho was not eliei --. Job Aialvsis and - Msrket %'iiring o„r - . b1e ,.; overtime pay wurkeel the same Drsenptsons Susv, y' number of hours as tke employee "- Jolb Evaluation - Mert.Pav Plans , " supervised, laowever..$se supervisor s Experienced consultants in all !ypes ofernployea com -.. pay for the period alas less than the pensatiomn the public sector. Proven results in compar pay of the employe^ stper`vised. This able worth Write for details or calf ,t uatio`< atuch will perhaps be more SfANTONGROUP common because of the FLSA's obli- i�.ti7 gatinns, is quite im ;otsr,tent with the DCA, Inc. - 400 DCA Center (612) 541 -7586 p=iriciples of the comparable worth . _ -. 13100 Wayzata Blvd, or lw. E " - Minnetonka. MN 55343 - (612) 541 -1534 - ELEVATED TANK. 9EAVIICEI,�ANC. Water-lower : pecii,alists Ail 'No rk.Cuaranteed WELDING NFN ROOFS TWENTY JIVE YEAFIS FXPERIErJCE -NEW PISERS SAN0E LASTING I - I - - BOARD OF HEALTH AND AWWA PAttu GNG BONDED AND APPROVED INTE�IOR' C, OA DINGS NEW .SHELLS @ INSURC,D - ` ME %ABER AMERICAN WATERWORKS ASSOCI&PON r`s- Insulated FrOSt .laoketS Of DOUble Metal- COr.StrUCtiO!1 WATER TOWER MAINTENANCE TWENTY -FOUR HOUR' Hollarid-;Olson Bus (605) 332136-3 EMERGENCY SERVICE P.O. BOX 104 DES (605) 446.32¢; y SIOUX FALLS, S. D. 57101 40 CCA oba.r, I(A Minnesota Cities