cp07-26-1983 cHUTCH INSON
CITY
CALENDAR
WEEK OF
T O ,
cQ
WEDNESDAY
-27-
SUNDAY
-24-
THURSDAY
-28-
N
MONDAY
-25-
Noon - Safety Council Meeting
at Fire Station
1:00 P.M. - Utilities Commissic
Meeting at Utilities
FRIDAY
-29-
GARY PLOTZ - July 24- Aug. 12
TUESDAY
-26-
I
3:00 P.M. - Open Bids for 1983
Improvement Bonds
at City Hall
7:30 P.M. - City Council Meeting
at City Hall
SATURDAY
-30-
r
r
AGENDA
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, JULY 26, 1983
�1. Call to Order - 7:30 P.M.
�. Invocation - Reverend Eldon Albin - Assembly of God Church
0. Consideration of Minutes - Regular Meeting of July 12, 1983
Action - Motion to approve - Motion to approve as amended
/4. Public Hearing
None
v'S. Communications, Requests and Petitions
None L)
6. Resolutions and Ordinances
,�a) Ordinance No. 11/83 - An Ordinance Prohibiting Peddlers Or Solicitors from
Entering Upon Certain Premises Within the City of Hutchinson, Minnesota and
Providing Penalties for Violation
Action - Motion to reject - Motion to waive second reading and adopt
�/(b) Ordinance No. 12/83 - An Ordinance Relating to the Licensing of Peddlers,
Solicitors, and Transient Merchants and Providing Penalties for Violations
Thereof
Action - Motion to reject - Motion to waive first reading and set second
reading for August 9, 1983
V(c) Ordinance No. 13/83 - Ordinance Amending Section 710:00 of the 1974 Ordinance
Code of the City of Hutchinson, Entitled One way Traffic
Action - Motion to reject - Motion to waive first reading and set second
reading for August 9, 1983
./(d) Ordinance No. 14/83 - An Ordinance Granting to Hutch Agri -Tech the Right
to Maintain A Structure Upon Certain City Owned Right of Ways In the City
of Hutchinson, State of Minnesota
Action - Motion to reject - Motion to waive first reading and set second
reading for August 9, 1983
Y
COUNCIL AGENDA
JULY 26, 1983
/(,e) Resolution No. 7457 - Resolution for Purchase
Action - Motion to reject - Motion to waive reading and adopt
✓(f) Ordinance No. 15/83 - An Ordinance Regulating the Parking of Motor Vehicles
And Other Vehicles On Certain Streets of the City of Hutchinson, Minnesota
And Providing Penalty for Violation Thereof
Action - Motion to reject - Motion to waive first reading and set second
reading for August 9, 1983
7. ReDorts of Officers. Boards and Commissions
,/(a) Monthly Financial Report - June 1983
Action - Order by Mayor received for filing
/(b) Minutes of Planning Commission dated June 21, 1983
Action - Order by Mayor received for filing
✓(c) Minutes of Fire Department dated June 6, 1983
Action - Order by Mayor received for filing
/(d) Minutes of Tree Board dated June 21, 1983
Action - Order by Mayor received for filing
J(e) Minutes of Park & Recreation Board dated June 1, 1983
Action - Order by Mayor received for filing
✓(f) Minutes of Airport Zoning Board dated May 25, 1983
Action - Order by Mayor received for filing
8. Unfinished Business
/(a) Consideration of Awarding Bid for 1983 Improvement Bonds
Action - Motion to reject - Motion to approve and waive reading and adopt
Resolution No. 7462
/(b) Consideration of Awarding Bid for Project 83 -01 -16 (DEFERRED JUNE 14, 1983)
Action - Motion to reject - Motion to approve and waive reading and adopt
Resolution No. 7455
,/(c) Consideration of Parking Lot Layout for Masonic Temple Site
(DEFERRED JUNE 14, 1983)
Action - Motion to reject - Motion to approve plan
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COUNCIL AGENDA
JULY 26, 1983
✓(d) Consideration of Request from Citizens Bank for Beautification On First
Avenue Southwest (DEFERRED JULY 12, 1983)
Action -
,/(e) Consideration of Awarding Bid(s) for Group Life and Accidental Death and
Dismemberment, Long -Term Disability and Dental Insurance
(DEFERRED JULY 19, 1983)
Action - Motion to reject - Motion to award bid(s) as recommended by
Insurance Consultant
,/(f) Consideration of Street Maintenance Program, Project 83-07
Action -
V(g) Consideration of John McLaughlin Property
Action - Motion to reject - Motion to approve and call for bids
./(h) Presentation by City Attorney Concerning Appraisals for Parking Assessment
Settlement
Action - Motion to reject - Motion to approve and authorize appraisals
9. New Business
4a) Consideration of Delinquent Water and Sewer Accounts
Action - Motion to authorize extension of payment period - Motion to
authorize discontinuation of service
t/(b) Consideration of Request for Hutchinson Fire Marshall to Inspect McLeod
County Jail
Action - Motion to reject - Motion to approve request
J(c) Consideration of Request by Hutchinson Ambassadors for Food Concessions
Skand Permit In Library Square Park for Arts and Crafts Festival
Action - Motion to reject - Motion to approve
V1 (d) Consideration of Application for Gambling Devices License and Bingo
License by Elks Club
Action - Motion to reject - Motion to approve and issue license
ma
COUNCIL AGENDA
JULY 26, 1983
f(e) Consideration of Handicap Sign On Northwest Side of Building at 101 Park
Place
Action - Motion to reject - Motion to approve posting sign
,/(f) Consideration of Preliminary Grant Application for Former "Antique Shop"
Site (Weseloh Property)
Action - Motion to reject - Motion to approve and authorize grant application
,/(g) Consideration of Preliminary Grant Application for Development of Bass
Pond Area
Action - Motion to reject - Motion to approve and authorize grant application
�(h) Consideration of Application for License to Sell Cigarettes at Retail by
Erickson Big "D" and Valu Drug
Action - Motion to reject - Motion to approve and issue license
,/(i) Consideration of Application for "Off Sale" Non- Intoxicating Malt Liquor
License for Erickson Big "D" and Valu Drug
Action - Motion to reject - Motion to approve and issue license
✓(j) Consideration of Application for "On Sale" Non - Intoxicating Malt Liquor
License by Hutchinson Jaycees for July 31, 1983
Action - Motion to reject - Motion to approve and issue license
/(k) Consideration of Request for Variance As Submitted by Eugene Havelka with
unfavorable recommendation of Planning Commission
Action Motion to reject - Motion to approve
✓(1) Consideration of Request for Conditional Use Permit As Submitted by Merlin
Eggersgluess with favorable recommendation of Planning Commission
Action - Motion to reject - Motion to approve and waive reading and adopt
Resolution No. 7458
✓(m) Consideration of Request for Conditional Use Permit As Submitted by Pure
Culture Products with favorable recommendation of Planning Commission,
with contingencies
Action - Motion to reject - Motion to approve and waive reading and adopt
Resolution No. 7459
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• •
• a
COUNCIL AGENDA
JULY 26, 1983
✓(n) Consideration of Request for Variance As Submitted by George Th elen with
unfavorable recommendation of Planning Commission
Action - Motion to reject - Motion to approve
N(o) Consideration of Request for Preliminary and Final Plat for Mac's Bluff
Addition As Submitted By Anthony Machtemes
Action - Motion to reject - Motion to approve and waive reading and adopt
Resolution No. 7460
(p) Consideration of Request for Variance As Submitted by Charles Miller with
favorable recommendation of Planning Commission
Action - Motion to reject - Motion to approve and waive reading and adopt
Resolution No. 7461
/(q) Consideration of Property Owners Complaint About Dog Kennel
Action -
`/(r) Consideration of Merit Adjustments for Hourly Employees
Action - Motion to reject - Motion to approve merit adjustments
10. Miscellaneous
J(a) Communications
11. Claims, Appropriations and Contract Payments
(a) Verified Claims
Action - Motion to approve and authorize payment from appropriate funds
12. Adjournment
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(612) 587 -5151
'CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
July 26, 1983
Hutchinson City Council
Dear Councilmembers:
Due to a conflict in my schedule I will be unable to
attend the entire city council meeting on July 26, 1983.
I have discussed this matter with the Mayor and he has agreed
to move several of the items to the beginning of the agenda
in order to facilitate action which may call for input from
the city attorney. These include the following items:
Item 6 (a) This is the ordinance that prohibits
peddlers or solicitors from entering private property if
that property is appropriately posted. The ordinance was
unanimously passed at the last council meeting and this is
simply the second reading.
Item 6 (b) This is the ordinance that seeks to license
peddlers, solicitors and transient merchants. Neither John
Brinkman nor Clarice Coston will be able to attend the
meeting and they have requested that this item be deferred
until the next council meeting.
Item 6 (c) This ordinance deals with the conversion of
the alleyways on either side of Main Street to one -way traffic.
In discussing the matter with the Mayor, he suggested that
the following change in language might make the ordinance more
readily understandable "Subd. 3. All alleyways located between
Main Street and Franklin Street commencing at Second Avenue
Northwest on the North and terminating at Fourth Avenue South-
west on the south are hereby designated one -way northbound.
Subd. 4. All alleyways located between Main Street and Hassan
Street commencing at First Avenue Northeast on the north and
terminating at Fourth Avenue Southeast on the south are hereby
designated one -way southbound."
Item 6 (d) This ordinance grants Hutch Agri -Tech the
right to maintain a structure already located on city property.
You will note that if the structure is ever removed by either
destruction, demolition or condemnation, the right to maintain
the structure under the terms of this franchise shall
automatically be terminated.
Hutchinson Councilmembers
July 26, 1983
Page Two
Item 6 (f) This is the ordinance creating a no parking
zone in that area in front of the north entrance to Le Bristo
Cafe.
Item 8 (a) I have reviewed the bond documents and find
them acceptable.
Item 8 (g) I would request that the city be authorized
to seek bids for the removal of the structure located on
the John Mciaughlin property. The bid advertisements should
indicate that the city has the right to reject any and all
bids and that the bidder would be required to hold the bids
open for at least thirty days. This would allow more than
adequate time to obtain any court approval necessary to
remove the structure.
Item 8 (h) I request that this item be deferred until
both attorneys for Appellants have had time to obtain
estimates for the costs of appraisals.
Item 9 (q) Officer Roger Bakken has contacted the owner
of the kennel located at 574 Madson Avenue and indicated that
he may be in violation of the Hutchinson Zoning Ordinances.
A dog kennel is one of the prohibited uses in R2 or Rl
zone area. A dog kennel is defined as "any premises where
three or more dogs, over four months of age are owned, boarded,
bred and or offered for sale." I suggest that no immediate
action be taken on this matter until we determine whether the
owner will comply with the ordinance as requested by the
Hutchinson Police Department. In the meantime it may be
advisable to amend the definition of dog kennel to delete the
requirement that the dogs be over four months of age. It
would seem that it is the number of dogs combined with their
being kept for business purposes that would determine whether
it is a kennel rather than the age of the dogs.
Sincerely yours,
SCHAEFER LAW OFFICE
By
James H. Schaefer
Hutchinson City Attorney
JHS:dlp
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, JULY 12, 1983
1. The meeting was called to order by Mayor DeMeyer at 7:30 P.M., with the follow-
ing present: Alderman Mike Carls, Alderman John Mlinar, Alderman Ted Beatty,
and Mayor James G. DeMeyer. Absent: Alderman Kenneth Gruenhagen. Also present:
City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City At-
torney James Schaefer.
2. INVOCATION
The invocation was given by the Reverend Eldon Albin.
3. MINUTES
The minutes of the bid openings of June 21, 1983 and July 7, 1983; public hear-
ing of June 27, 1983; and regular meeting of June 28, 1983 were approved as pre-
sented, upon motion by Alderman Beatty, seconded by Alderman Mlinar and unani-
mously carried.
4. PUBLIC HEARING - 8:00 P.M.
(a) ASSESSMENT ROLL NO. 166
The public hearing was called to order at 8:30 P.M.
City Engineer Priebe reported on the state aid project No. 83 -01 -16 for
Second Avenue Southeast between Adams Street and Huron Street. Be stated
the estimated total cost of the improvement would be $94,320.
The motion was made by Alderman Beatty, seconded by Alderman Mlinar, to
close the hearing at 8:32 P.M. Motion unanimously carried.
It was moved by Alderman Beatty to approve Assessment Roll No. 166 and to
waive reading and adopt Resolution No. 7454. Motion seconded by Alderman
Mlinar and approved unanimously.
Ms. Lucile Ulrich, 205 Adams, inquired why the property owners were being
assessed again for the street, curb and gutter when they had already been
assessed for the same project. The curb and gutter was removed and redone
within a short time after installation. She also wondered why the property
owners had to pay for truck traffic.
The City Engineer responded that the property owners would be assessed for
residential street costs, while the city would pay for the truck route.
Mr. Keith Griebie, 1010 Lewis Avenue, questioned why only two blocks were
being madea nine -ton street. He wondered if it was feasible to do two
blocks at this time.
W
COUNCIL MINUTES
JULY 12, 1983
City Engineer Priebe reported that corner lots are assessed on the short
side, and therefore, the assessment would be for 66 feet. He pointed out
it would not be feasible to build the street as a nine -ton street at this
time, but it will become a nine -ton street up to the Industrial Park on
the east.
5. COMMUNICATIONS, UQUESTS AND PETITIONS
(a) CONSIDERATION OF REQUEST BY HUTCHINSON DOWNTOWN RETAIL ASSOCIATION TO USE
CITY SIDEWALKS FOR CRAZY DAY SALE ON JULY 20, 1983
Following discussion, the motion was made by Alderman Carls, seconded by
Alderman Mlinar and unanimously approved, to grant permission for the use
of city sidewalks for Crazy Day.
(b) CONSIDERATION OF APPOINTMENT OF REV. THOR SKEIE TO HOSPITAL BOARD
It was moved by Alderman Carls, seconded by Alderman Beatty, to ratify the
appointment of Rev. Thor Skeie to the Hospital Board. Motion approved unan-
imously.
(c) CONSIDERATION OF PARKING IN FRONT OF LE BISTRO CAFE
Mayor DeMeyer reported he had received an unsigned letter from a Hutchinson
resident who expressed concern regarding parking in front of the Le Bistro
Cafe. The Mayor asked the City Clerk to check with the Police Department
regarding parking in this area, with a report to be presented at the next
Council meeting.
City Engineer Priebe stated that diagonal parking throughout the block by
Le Bistro Cafe was approved by the Council, but it was not in the plan for
parking in front of the cafe. It was his suggestion to mark the area "no
parking." The City Attorney was directed to draft an Ordinance for the no
parking zone at Le Bistro Cafe for the July 26 meeting.
6. RESOLUTIONS AND ORDINANCES
(a) RESOLUTION NO. 7440 - RESOLUTION OF APPRECIATION FOR BUELL FOGG
Following the reading of Resolution No. 7440, Alderman Beatty moved to
adopt said Resolution. Motion seconded by Alderman Mlinar and unanimously
carried.
(b) RESOLUTION NO. 7437 - RESOLUTION ADOPTING $62,500 FROM THE HUTCHINSON
UTILITIES COMMISSION
After discussion, the motion was made by Alderman Mlinar, seconded by
Alderman Beatty, to waive reading and adopt Resolution No. 7437. Motion
approved unanimously.
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COUNCIL MINUTES
JULY 12, 1983
•
(c) ORDINANCE NO. 11/83 - AN ORDINANCE PROHIBITING PEDDLERS OR SOLICITORS
FROM ENTERING UPON CERTAIN PREMISES WITHIN THE CITY OF HUTCHINSON,
MINNESOTA,AND PROVIDING PENALTIES FOR VIOLATION
City Attorney Schaefer commented that this Ordinance addresses the door -
to -door salesman. No peddler or solicitor shall be allowed to enter in
or upon any premise bearing a sign or placard stating "Peddlers and Soli-
citors Prohibited."
Following discussion, Alderman Beatty moved to waive the first reading
and set second reading for July 26, 1983. Motion seconded by Alderman
Carls and carried unanimously.
(d) ORDINANCE NO. 12/83 - AN ORDINANCE RELATING TO THE LICENSING OF PEDDLERS,
SOLICITORS, AND TRANSIENT MERCHANTS AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF
There was a lengthy discussion concerning the wording in the Ordinance,
especially relating to the requirement in section 5 for local groups and/
or individuals to register at City Hall prior to selling door -to -door.
It was pointed out the purpose of the Ordinance was to protect the local
residents from merchants selling faulty merchandise.
The motion was made by Alderman Beatty to waive the first reading and set
the second reading for July 26, 1983. Motion seconded by Alderman Mlinar,
with Aldermen Beatty and Mlinar voting aye and Alderman Carls and Mayor
DeMeyer voting nay. Motion failed.
After further discussion, Alderman Carls moved to direct the City Attorney
to amend the transient merchant Ordinance byxaking into account the discus-
sion of this evening and to put together a section on the exemptions that
would be more acceptable as brought out in dialogue. Motion seconded by
Alderman Beatty and unanimously carried upon roll call.
7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
(a) BUILDING OFFICIAL'S REPORT - JUNE 1983
There being no discussion, the report was ordered by the Mayor to be re-
ceived for filing.
(b) MINUTES OF NURSING HOME BOARD DATED MAY 24, 1983
There being no discussion, the minutes were ordered by the Mayor to be
received for filing.
8. UNFINISHED BUSINESS
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COUNCIL MINUTES
JULY 12, 1983
(a) CONSIDERATION OF ONE -WAY ALLEYS IN DOWNTOWN AREA (DEFERRED MAY 24, 1983)
City Administrator Plotz presented a report on the results of the alley
survey taken in the downtown area.
After discussion, Alderman Beatty moved to instruct the City Attorney to
draft an Ordinance adopting one -way alleys on the west side of Main Street,
between Main Street and Franklin Street from the river to Fourth Avenue
Southwest and that the alleys be one -way from the south to the north; and
on the east side of Main Street from the river to Fourth Avenue Southeast,
the alleys be one -way from the north to the south. Motion seconded by
Alderman Mlinar and unanimously approved.
(b) CONSIDERATION OF REQUEST FROM CITIZENS BANK FOR BEAUTIFICATION ON FIRST
AVENUE SOUTHWEST (DEFERRED JUNE 28, 1983)
This item was deferred until the next Council meeting.
(c) CONSIDERATION OF AWARDING BID FOR PROJECT NO. 83 -06 (DEFERRED JULY 7, 1983)
City Engineer Priebe reported on the non - assessable underground work in
the area approved for street construction between Main Street South and
Fifth Avenue Southwest.
Following discussion, the motion was made by Alderman Mlinar, seconded by
Alderman Beatty, to approve and awad bid to Juul Contracting Co. in the
amount of $72,022. Motion unanimously carried.
It was moved by Alderman Mlinar to waive reading and adopt Resolution No.
7442. Motion seconded by Alderman Beatty and approved unanimously.
(d) CONSIDERATION OF AWARDING BID FOR PROJECT 83 -01 -15 (DEFERRED APRIL 25, 1983)
The City Engineer presented a report on project No. 83 -01 -15 for improve-
ment on First Avenue Southwest for construction of curb and gutter, street
surfacing, sidewalk and appurtenances. It was his recommendation to award
the contract to Buffalo Bituminous, low bidder, in the amount of $56,564.50.
After discussion, Alderman Beatty moved to approve and award the bid to
Buffalo Bituminous. Motion seconded by Alderman Mlinar and carried unani-
mously.
It was moved by Alderman Beatty, seconded by Alderman Mlinar, to waive read-
ing and adopt Resolution No. 7441. Motion approved unanimously.
9. NEW BUSINESS
(a) CONSIDERATION OF AGREEMENT FOR STATE AID FOR AIRPORT MAINTENANCE AND
OPERATION
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COUNCIL MINUTES
JULY 12, 1983
0
City Administrator Plotz reported the State would reimburse the city two -
thirds of the direct, actual maintenance and operation costs for the air-
port not reimbursed by any other source, not to exceed $5,000 of State aid
for each fiscal year. The agreement would be in effect until June 30, 1985.
Following discussion, it was moved by Alderman Beatty, seconded by Alderman
Carts, to approve the agreement and waive reading and adopt Resolution No.
7436. Motion approved unanimously.
(b) CONSIDERATION OF RESIGNATION OF ASSISTANT CITY ATTORNEY
It was reported that Attorney John Keefe had submitted his resignation as
Assistant City Attorney. His services had only been used once during the
past two years. Attorney Keefe would, however, be available on an on -call
basis.
Alderman Beatty moved to accept the resignation of the Assistant City At-
torney. Motion seconded by Alderman Carls and carried unanimously.
(c) REVIEW OF TRUCK ROUTES THROUGH CITY BY CITY ENGINEER
City Engineer Priebe presented a proposed truck route through the city of
Hutchinson. It was suggested that signs be posted to mark the various truck
routes.
Mr. Priebe reported he had talked to Bob Peterson of Rockite Silo regarding
the speed of his drivers in the area of Northside Grocery. Since Prospect
Street is a state aid street, it would not be possible to re- direct traffic.
After discussion, the motion was made by Alderman Beatty to approve the
proposed streets as truck routes. Motion seconded by Alderman Mlinar. The
motion was amended by Alderman Beatty to instruct the City Attorney to draft
an Ordinance to establish truck routes.as presented. Motion to amendment
seconded by Alderman Beatty and carried. The motion unanimously carried.
(d) CONSIDERATION OF APPLICATION FOR GAMBLING DEVICES LICENSE BY V.F.W. POST
NO. 906
Following discussion, Alderman Mlinar moved to approve the application and
issue a gambling devices license to the V.F.W. Motion seconded by Alderman
Beatty and approved unanimously.
(e) CONSIDERATION OF APPLICATION FOR RETAIL "ON SALE" NON- INTOXICATING MALT
LIQUOR LICENSE:
1. HUTCHINSON JAYCEES
2. LYONS CLUB
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COUNCIL MINUTES
JULY 12, 1983
The Hutchinson Jaycees and Lyons Club submitted applications to sell non -
intoxicating malt liquor covering several dates. It was determined by
the Council, with the recommendation of the Police Department, that each
application date be approved on a one -time basis.
Following lengthy discussion, it was moved by Alderman Beatty to grant a
license to the Hutchinson Jaycees for the dates of July 23 -24, 1983 at the
Roberts Park. Motion seconded by Alderman Mlinar and unanimously carried.
It was moved by Alderman Beatty to grant a license to the Lyons Club for
the dates of August 20 and August 27. There was no second, and the motion
failed.
Alderman Carls moved to grant a license to the Lyons Club for the dates of
July 23 -24, 1983 at the Fair Grounds. Motion seconded by Alderman Beatty
and carried unanimously.
(f) CONSIDERATION OF STORM SEWER IMPROVEMENT PROJECT 83 -08
City Engineer Priebe presented a report on the improvement project 83 -08.
He stated that $1,500 of the cost would be assessed to the school district,
with an estimated total cost of $3,000.
After discussion, Alderman Mlinar moved to accept the report and call for
a hearing on August 9, 1983 at 8:00 P.M. Motion seconded by Alderman Beatty
and approved unanimously.
The motion was made by Alderman Beatty, seconded by Alderman Carls, to
waive readings and adopt Resolutions No. 7438 and No. 7439. Motion unani-
mously approved.
(g) CONSIDERATION OF REQUEST FOR CURB AND GUTTER ON THIRD AVENUE NORTHWEST
The City Engineer reported he had received a letter of request from the
owners of Hutch Computer Industries, Inc. for curb and gutter improvement
work on their property on Third Avenue Northwest and Highway 7 West. The
estimated cost for project 83 -09 would be $5,200.
Following discussion, it was moved by Alderman Beatty to waive reading
and adopt Resolution No. 7450. Motion seconded by Alderman Mlinar and
unanimously carried.
It was moved by Alderman Beatty, seconded by Alderman Mlinar and approved
unanimously, to waive reading and adopt Resolution No. 7451.
Alderman Beatty made the motion to waive reading and adopt Resolution No.
7452. Motion seconded by Alderman Mlinar and carried unanimously.
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COUNCIL MINUTES
JULY 12, 1983
The motion was made by Alderman Beatty, seconded by Alderman Carls, to
waive reading and adopt Resolution No. 7453, setting a bid opening for
August 9, 1983 at 2:00 P.M. Motion approved unanimously.
(h) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLLS AND SETTING
ASSESSMENT HEARING FOR PROJECTS 83 -03, 83 -04 and 83 -05
City Engineer Priebe reported that projects 83 -03, 83 -04 and 83 -05 pertain
to improvements on Franklin Street.
After discussion, it was moved by Alderman Carls, seconded by Alderman
Beatty and carried unanimously, to waive readings and adopt Resolutions
No. 7443 -7448, and schedule public hearings for 8:00 P.M. on August 9, 1983.
(i) CONSIDERATION OF APPRAISALS FOR PARKING ASSESSMENT SETTLEMENT PROCEDURE
City Attorney Schaefer stated the court action was eliminated through the
settlement approach agreed upon by the Council regarding the downtown park-
ing assessment appeals. A certified appraiser will do the research and pre-
sent an appraisal of "before and after" valuation of the 13 properties in-
volved. The appellants and City will each hire an appraiser, and there
could be a third appraiser involved. It was the City Attorney's opinion
that the same appraisal report as required by court would not be needed,
and therefore, the city might realize a savings on the appraisal fees.
It was suggested that Attorney Schaefer meet with Bill Haas, attorney for
the appellants, to determine the amount of information necessary on the
appraisals.
Following discussion, the motion was made by Alderman Mlinar, seconded by
Alderman Beatty, to authorize City Attorney Schaefer to approach Attorney
Bill Haas in an attempt for a workable solution to minimize the appraisal
costs. The motion carried, with Aldermen Beatty, Carls and Mlinar voting
aye and Mayor DeMeyer voting nay." It was noted that the Mayor felt this
item dealt with a process whereby the procedure was still in question and
had not been resolved.
(j) CONSIDERATION OF RESOLUTION AUTHORIZING SALE AND ISSUANCE OF GENERAL
OBLIGATION IMPROVEMENT BONDS FOR 1983 IMPROVEMENT PROGRAM
Mr. Bill Fahey, bond consultant with Ehlers & Associates, presented the
resolution for the sale of the $950,000 improvement bonds of 1983. He
pointed out that Norwest Bank Minneapolis had been appointed to act as
bond registrar, transfer agent and paying agent. It was Mr. Fahey's recom-
mendation to open bids on the bonds at 3:00 P.M. on July 26, 1983.
After discussion, Alderman Beatty moved to waive reading and adopt Resolu-
tion No. 7449. Motion seconded by Alderman Mlinar and approved unanimously.
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COUNCIL MINUTES
JULY 12, 1983
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
City Administrator Plotz commented that a date should be set for the an-
nual city appreciation picnic for the employees and members of various
boards and commissions.
Mayor DeMeyer requested the City Administrator and City Attorney to contact
the League of Cities to determine if there were any statutorial limitations
on using city funds for a picnic.
Alderman Carls stated the city appreciation picnic was one of the few ways
in which the city could express thanks to the employees and board members
who have put forth time and effort on behalf of the city.
The motion was made by Alderman Beatty to authorize a city appreciation
picnic, contingent upon the findings from the League of Cities. Motion
seconded by Alderman Mlinar and carried unanimously.
(b) COMMUNICATIONS FROM RANDALL ROBERTS FOR TRANSIENT PERMIT
An application was received from Randall Roberts, dba Clover Produce, to
allow door -to -door selling of oranges and grapefruits.from July 12 -21.
Following discussion, the motion was made by Alderman Mlinar to accept the
application and issue a solicitation permit. Motion seconded by Alderman
Carls and approved unanimously.
(c) COMMUNICATIONS FROM MAINTENANCE OPERATIONS DIRECTOR
Director Neumann reported he had received two requests for the use of City
equipment. The first request would be a joint venture between the City and
State Highway Department for the rental of a vacuum machine for the period
of one week.
After discussion, Alderman Beatty moved to approve rental of the machine.
Motion seconded by Alderman Carls and unanimously carried.
The Fair Board requested to use the City street sweeper to clean the fair
grounds of debris resulting from the tornado. Use of the machine would be
on a gratis basis.
It was moved by Alderman Mlinar, seconded by Alderman Beatty, to approve
use of the street sweeper. Motion approved unanimously.
(d) COMMUNICATIONS FROM CITY ENGINEER
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COUNCIL MINUTES
JULY 12, 1983
City Engineer Priebe reported that on May 4, 1983 the City received bids
for the 1983 maintenance of South Park water tower. The contract was
awarded to Mid - America Pipe Cleaning in the amount of $10,760. To date,
no signed contract has been received, and the company has disconnected its
telephone. Since 30 days has expired from the date of bid, it was recom-
mended to award the contract to the second lowest bidder, Maguire Iron,
Inc. in the amount of $12,250.
Following discussion, Alderman Beatty moved to rescind the bid to Mid -
America Pipe Cleaning and award the bid to second lowest bidder, Maguire
Iron, Inc. in the amount of $12,250. Motion seconded by Alderman Carls
and unanimously carried.
Cost estimates on the south portion of the Bretzke parking lot were pre-
sented by the City Engineer.
(e) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR
Alderman Mlinar inquired about the task force visit to Bloomington for the
purpose of reviewing that city's street maintenance program. He then di-
rected the City Administrator to contact the League of Cities for a report
on other cities that utilize the special assessment method to finance street
maintenance.
(f) COMMUNICATIONS FROM MAYOR JAMES G. DEMEYER
Mayor DeMeyer commented he had received petitions relative to the assess-
ments for street maintenance on Hilltop, Connecticut and Campbell Streets.
City Engineer Priebe responded that this project would be a part of the
1984 improvements, and a public hearing would be held subsequent to a re-
port submitted to the Council.
It was the recommendation of the Mayor to refund and /or waive the City por-
tion of building permit fees to those property owners who suffered damage
from the tornado.
After discussion, the motion was made by Alderman Beatty, seconded by Ald-
erman Mlinar, to waive the City fees for building permits for those property
owners who occurred damage from the tornado. Motion approved unanimously.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The verified claims were approved for payment from the appropriate funds
upon motion by Alderman Carls, seconded by Alderman Beatty and carried,
with Mayor DeMeyer abstaining from voting.
12. ADJOURNMENT
The meeting adjourned at 10:45 P.M. upon motion by Alderman Beatty, seconded by
Alderman Mlinar and unanimously approved.
meen
APPLICATION FOR PERMIT TO HOLD PUBLIC DANCE
FEE $5.00*
1. Name of Applicant I,1.�
Address
2. Organization
Address
3. Place to be Held & Time
�- . )(d�rl�Udi�1 Ron i IUn , l bJ G u _ - SAC.tJI ,
4. Band Already Booked
5. Name of Band r L
6. Have you run dances in Hutchinson before? i eS Elsewhere? R��h^ �D: C i
7. Date Dance to be Held:
8: I understand that according to Minnesota Statutes, Ch. 624, Sec. 624.50:
'OFFICER MUST ATTEND ALL PUBLIC DANCES. It shall be incumbent upon
the person to whom such permit is issued to have an officer of the
law present at every public dance to be given or held thereunder dur-
ing all the time the public dance is being held. In the case of a pub-
lic dance to be held or given in a city, village, or borough, such offi-
cer of the law shall be designated by the chief peace officer thereof.
In all other cases such officer of the law shall be designated by the
sheriff of the county. In all cases the fees and expenses of such offi-
cer of:i.the law shall be paid in advance by the person to whom the permit
has been issued. In case any person, not a public officer, shall be
designated as such officer of the law, the person to whom the permit has
been issued shall be responsible for his acts and conduct and there shall
be no liability for his acts and conduct on the part of the officer desig-
nating him under the provisions of Section 624.42 to 624.54.
Signature d App ant
9. Recommendation of Chief of Police
10. Action of City Council
11. Fees and Expenses of Officer*
*(Payable in Advance)
n
91 RETAIL "ON SALE"
Mate of PT i ilie5Ota,
CODh'TY OF. _...J�.C_Z,h�. __ --- _ - - - - -- --- -- Cit y -- - - - --
City Council City
To fhe ... ............................... of the.........,..............
6
Hutchinson
of .Hutchinson . ..........
............................
.................................. ........... .......................... ................... State of Minnesota:
Patrick J. May of T. L. Scalawags
---- ---.__.--- ---- -- ._.- .- ..._._ _....--- - -------
henby applies for a licence for the term of___.... Lday_.. - - -_ (1p.m.'._ to 5
from {3u. - -- .._...14th.. -- -- -- - day of __.. .August
At Retail Only, 1\on- Into\-icating Malt Liquors,
as the same are defined by iau', for cansu:npticn "Oh "' thDSe cer-iein prcm;scs in
City - ---- -- - - - -- - - - -- -- -- Hutchinson
-- ----- ---- ------ ---- - - - - - --
f
dcsaritrd as follows, to-uit:._ _.------------ ------ -- --- - -__._ -- - --- --- _ - -- --
T. L. Scalawags Parking Lot
Hwy. 7 West
18_83_.' to sell
at which place said applicant -.... Dperate s..the buti.ness of— restaurant_. =._ bar- __— _..-.- ..._----- --- -- .-._ --
and to that and represent.. and state... -as follmxs
That said applicant_ .... .... .... .. ... .. ls .... ._._.- _.__....__- rtixn -_ -_ -. of the Dnifcd States; of good moral charaeZer
and repufe; and ho; S.. the ape of 21 years; that ..... .. _.he_is ...... _.. ---- .......... ......_.....- .propricton...._of the
establishment for which the Uccnse un.11 be. israzd if this application is rrantcd.
That no manufacturer of such nor. - intoxicating malt Ziquore has any ownership, in whole or in part,
in said business of said applicant ---.or any interest therein;
That said applicant...-- moke .... this application pursuant and subject to all the laws of the State of
Minnesota and the ordinances and repula.tions of sa. id __- _..City- __-- _--- __--- _ -____
applicable thereto, which are hereby mode a part hereof, and hereby agrm ...... to observe and obey the same;
(F.n r � w.b` V art. o! 13 ran imp)
Each applicant further hates that he is not now the holder of, nor has he rno4a application for, nor
does he intend to make applicat n for a Fcdaral Retail Dealer's Spacial fax stamp for the sale of
fn.foxi atinp liquor.
Dated July 26, S8 83
F. O.
S-
I
(612) 537 -5151
�. 37 WAI SHING i CN " +VENUE 3'1- SI
NU I CNINSON, MINN. 55350
July 21, 1983
The Hutchinson City Council
RE: Proposed Ordinance Regulating Peddlers or Solicitors
Dear Councilmen:
At the July 12, 1983 City Council Meeting, I was
directed to alter the proposed ordinance regulating peddlers
or solicitors as it dealt with charitable organizations.
It was my impression at that meeting that the objecting
councilman felt that the proposed ordinance would be
acceptable if charitable organizations were exempt from
its provisions. If this is the case, I would suggest that
the problem could be handled by substituting the following
language for Section Five as it currently exists:
SECTION FIVE. Religious and Charitable Organizations,
Exemption.
The provisions of this ordinance shall not apply to any
organization, society, association or corporation desiring
to solicit or have solicited in its name money, donations
of money or property, or financial assistance of any kind
or desiring to sell or distribute any item of literature or
merchandise for, which a fee is charged or solicited from
persons other than members of such organizations upon the
streets, in office or business buildings, by house to house
canvass, or in public places for a charitable, religious,
patriotic or philanthropic purpose.
I have been requested to examine other potential means
of controlling peddlers and transient merchants, specifically
looking into the possibility of regulating the use of
parking lots, streets, and sidewalks. At the present time,
I have no draft ordinance prepared but anticipate that I could
have such an ordinance by the first or second meeting in
August.
I would like to point out that the ordinance as currently
proposed comes from the model ordinance distributed by the
League of Minnesota Cities. I would refer you all to the
League of Minnesota Cities Bulletin 410A.1 dealing with
regulations of peddlers, solicitors and other forms of
transient selling in Minnesota. This document provides
Hutchinson City Council
July 21, 1983
Page Two
excellent background for analysis of problems encountered
in drafting and implementing an ordinance of this type.
JHS:dlp
Sincerely yours,
SCHAEFER LAW OFFICE
By
James H. Schaefer
Hutchinson City Attorney
0 0
0
PUBLICATION NO.
ORDINANCE NO. 13/83
ORDINANCE AMENDING SECTION 710:00 OF THE 1974 ORDINANCE CODE
OF THE CITY OF HUTCHINSON, ENTITLED ONE WAY TRAFFIC
THE CITY OF HUTCHINSON DOES ORDAIN:
SECTION 1. Section 710:00 of the 1974 Ordinance Code
of the City of Hutchinson, entitled One -Way Traffic is hereby
amended to include the following:
Subd. 3. All alleyways located between Main Street on
the east, Franklin Street on the west, NW 2nd Avenue on the
north and 4th Avenue SW on the south are hereby designated
one -way Northbound.
Subd. 4. All alleyways located between. Main Street
on the west, Hassan Street on the east, 1st Avenue NE on the
north and 4th Avenue SE on the south are hereby designated
one -way southbound.
SECTION 2. This ordinance shall take effect and be in
force from and after its passage and publication:
Passed this day of
E
, 1983.
James G. DeMeyer, Mayor
lJ _C1
9 0
ORDINANCE NO. 14/83
AN ORDINANCE GRANTING TO HUTCH AGRI -TECH THE RIGHT TO MAINTAIN
A STRUCTURE UPON CERTAIN CITY OWNED RIGHT OF WAYS IN THE CITY OF
HUTCHINSON, STATE OF MINNESOTA.
The City Council of the City of Hutchinson does hereby ordain:
SECTION 1. That permission and authority be and hereby is
granted to Hutch Agri -Tech to maintain a structure located in
part upon a right of way of the City of Hutchinson legally
described as:
That portion of street right of way described
as follows: Beginning at the Southwest corner of
Lot 9, Block 4, South Half City, thence West 1.5
feet; thence North parallel to the West line of
Lot 9, a distance of 66 feet; thence East 1.5 feet
to the Northwest corner of said Lot 9; thence
South 66 feet along the West line of said Lot 9
to the point of beginning.
said permission and authority to run for a period of twenty years.
SECTION 2. The franchise hereby granted by the terms and
provisions of this ordinance shall be automatically terminated
upon the destruction, demolition or condemnation of any structure
so maintained.
SECTION 3. This ordinance shall take effect and be in force
from and after its passage and publication.
Passed this day of 1983•
es
James G. DeMeyer, Mayor
_j
• RESOLUTION NO. 7457 •
CITY OF HUTCHINSON
RESOLUTION FOR PURCHASE
The Hutchinson City Council authorizes the purchase of the following:
ITEM
COST
PURPOSE
DEPT.
BUDGET
VENDOR
Backstops
11792.74
Raise Backstops
Park
Yes
Yardman Fence Co.
($1,000 donation from
Fast Pitch Assoc.)
The following items were authorized due to an emergency need:
ITEM
Date Approved:
Motion made by:
Seconded by:
COST
PURPOSE I DEPT. I BUDGET I VENDOR
26 1983 Resolution submitted for Council action
by: Kenneth B. Merrill
0 0
PUBLICATION NO.
ORDINANCE NO. 15/83
AN ORDINANCE AMENDING SECTION 715:20 OF THE 1974 ORDINANCE
CODE OF THE CITY OF HUTCHINSON, ENTITLED NO PARKING AREAS.
THE CITY OF HUTCHINSON DOES ORDAIN:
SECTION ONE: Section 715:20 of the 1974 Ordinance Code
of the City of Hutchinson, entitled No Parkin, Areas, is
hereby amended to include the following:
Subd. 14. It shall be unlawful for any firm, person or
corporation to park a motor vehicle or other vehicle in the
City of Hutchinson upon that portion of First Avenue Southeast
abutting the bias t 75 feet of Lot 10 in Block 13, South Half
City of Hutchinson at any time. g
t.
t
SECTION TWO: This Ordinance shall take effect and be in
force from and after its passage and publication.
Passed this day of , 1983.
ATTEST
James G. DeMeyer, Mayor
JUNE
CITY OF HUTCHINSON FINANCIAL REPORT - 1983
JUNE
REVENUE REPORT - GENERAL FUND
JUNE YEAR TO
ADOPTED
BALANCE
PERCENTAGE
53110.02
CURRENT DATE
ACTUAL
BUDGET
REMAINING
USED
TAXES
374818.34
398705.35
947331.00
548625.65
0.42
29425.51
88.00
13309.06
16400.00
3090.94
0.81
LICENSES
PERMITS AND FEES
8062.56
25010.97
36700.00
11689.03
0.68
INTER - GOVERNMENT REVENUE
7145.40
39822.36
988115.00
948292.64
0.04
CHARGES FOR SERVICES
20086.74
125566.16
283138.00
157571.84
0.44
FINES & FORFEITS
1940.00
10456.08
30000.00
19543.92
0.35
MISCELLANEOUS REVENUE
9194.01
72853.17
185300.00
112446.83
0.39
CONTRIBUTIONS FROM OTHER FUNDS
62500.00
145030.00
373000.00
227970.00
812.36
0.39
5.06
REVENUE FOR OTHER AGENCIES
- 408.27
1012.36
200.00
-
3115.57
TOTAL
483426.78
831765.51
2860184.00
2028418.49
0.29
EXPENSE REPORT
GENERAL FUND
MAYOR & COUNCIL
5116.96
17910.37
32157.00
14246.63
0.56
CITY ADM. /CITY CLERK
8289.30
53110.02
104249.00
6300.00
51138.98
6224.25
0.51
0.01
ELECTIONS
0.00
9145.89
75.75
85464.03
154829.00
69364.97
0.55
FINANCE
MOTOR VEHICLE
4729.26
29425.51
56019.00
26593.49
0.53
ASSESSING
0.00
0.00
18164.00
18164.00
0.00
LEGAL
2104.01
15330.04
29631.00
14300.96
0.52
PLANNING
100.00
1889.57
3375.00
1485.43
0.56
CITY HALL
2453.08
19530.27
42492.00
22961.73
0.46
OLD ARMORY
1169.98
9017.38
25112.00
16094.62
0.36
POLICE DEPARTMENT
46546.74
285048.70
567555.00
282506.30
43600.63
0.50
0.41
FIRE DEPARTMENT
5663.52
2785.06
29754.37
14400.00
73355.00
30376.00
15976.00
0.47
COMMUNITY SERVICE OFFICER
PROTECTIVE INSPECTIONS
3115.57
20804.79
42375.00
21570.21
0.49
CIVIL DEFENSE
153.91
334.94
475.00
140.06
0.71
SAFETY COUNCIL
0.00
2453.90
150.00
16566.78
150.00
34950.00
0.00
18383.22
1.00
0.47
FIRE MARSHALL
ENGINEERING
12622.79
72162.75
146010.00
73847.25
0.49
STREETS & ALLEYS
29196.75
142895.57
307882.00
164986.43
0.46
STREET MAINTENANCE A/C
4841.27
454.49
35671.72
26446.10
65725.00
56285.00
30053.28
29838.90
0.54
0.47
LIBRARY
SENIOR CITIZEN CENTER
12745.05
19580.88
14357.00
- 5223.88
1.36
PARK /REC. ADMIN.
4607.01
28543.33
58893.00
68185.00
30349.67
31527.87
0.48
0.54
RECREATION
12929.49
4765.79
36657.13
50117.98
99056.00
48938.02
0.51
CIVIC ARENA
PARK DEPARTMENT
30330.97
135469.59
274539.00
139069.41
0.49
CEMETERY
3080.06
17096.50
38499.00
21402.50
0.44
COMMUNITY DEVELOPMENT
1824.50
2747.90
6400.00
3652.10
0.43
0.04
LAWCON
0.00
4154.98
114055.00
109900.02
DEBT SERVICE
2235.22
52961.54
104558.00
51596.46
0.51
0.63
AIRPORT
758.73
32065.93
50625.00
18559.07
TRANSIT
5631.72
31719.09
70712.00
38992.91
0.45
UNALLOCATED
1806.32
997.59
162839.00
161841.41
0.01
0.00
TOTAL
221657.34
1288101.11
2860184.00
1572082.89
0.45
0.00
/ -a-,
EXPENSE REPORT
LIQUOR FUND
PERSONEL SERVICES
9462.72
60506.73
117918.00
57411.27
NNE
CITY OF HUTCHINSON FINANCIAL REPORT
- 1983
JUNE
4100.00
ENTERPRISE FUNDS
0.27
OTHER SERVICES & CHARGES
100.92
REVENUE REPORT - LIQUOR FUND
JUNE YEAR TO
ADOPTED
BALANCE
PERCENTAGE
0.00
CURRENT DATE ACTUAL
BUDGET
REMAINING
USED
LIQUOR SALES
31652.33 182111.48
476100.00
293988.52
0.38
WINE SALES
7851.83 52394.94
121900.00
69505.06
0.43
BEER SALES
62131.76 263911.38
552000.00
288088.62
0.48
BEER DEPOSITS
-65.24 - 912.55
0.00
912.55
86730.22
MISC. SALES
2258.50 7733.35
0.00
- 7733.35
OTHER
CASH DISCOUNTS
- 261.05 - 1390.65
0.00
1390.65
0.00
TOTAL
103568.13 503847.95
1150000.00
646152.05
0.44
EXPENSE REPORT
LIQUOR FUND
PERSONEL SERVICES
9462.72
60506.73
117918.00
57411.27
0.51
SUPPLIES, REPAIR & MAINTENANCE
256.37
1111.51
4100.00
2988.49
0.27
OTHER SERVICES & CHARGES
100.92
5532.04
28550.00
23017.96
0.19
MISCELLANEOUS
0.00
314.00
6650.00
6336.00
0.05
CAPITAL OUTLAY
0.00
6242.50
0.00
- 6242.50
0.00
DEBT SERVICE
0.00
0.00
5110.00
5110.00
0.00
TRANSFERS
0.00
20000.00
110000.00
90000.00
0.18
COST OF SALES
86730.22
386175.90
883450.00
497274.10
0.44
OTHER
0.00
0.00
11487.00
11487.00
0.00
TOTAL
96550.23
479882.68
1167265.00
687382.32
0.41
REVENUE REPORT - WATER
SEWER /FUND
FEDERAL GRANTS
1201.00
24492.00
0.00
- 24492.00
0.00
WATER SALES
38326.31
199630.77
425800.00
226169.23
0.47
WATER METER SALES
752.00
2085.05
5000.00
2914.95
0.42
REFUSE SERVICES
19372.50
109137.00
230000.00
120863.00
0.47
SEWER SERVICES
48404.75
259952.68
507500.00
247547.32
0.51
PENALTY CHARGES
501.99
3227.25
0.00
- 3227.25
0.00
INTEREST EARNED
6542.71
25781.33
55000.00
29218.67
0.47
REFUNDS & REIMBURSEMENTS
0.00
0.00
0.00
0.00
0.00
OTHER
120.00
613.12
4000.00
3386.88
0.15
TOTAL
115221.26
624919.20
1227300.00
602380.80
0.51
EXPENSE REPORT - WATER
SEWER /FUND
OPERATIONS 32634.94 472341.15 1043253.00 570911.85 0.45
WATER 11002.44 454424.41 123206.00 - 331218.41 3.69
SEWER 12279.26 93073.00 167318.00 74245.00 0.56
TOTAL 55916.64 1019838.56 1333777.00 313938.44 0.76
1
Ii
3
0 0
MINUTES
HUTCHINSON PLANNING COMMISSION
TUESDAY, JUNE 21, 1983
CALL TO ORDER
The regular meeting of the Hutchinson Planning Commission was
called to order by Chairman Larry Romo at 7:30 P.M., with the
following members present: Ted Beatty, Tom Lyke, Roland Ebent,
Shu -Mei- Hwang, and Chairman Romo. Absent: Elsa Young and Don
Erickson. Also present: City Administrator Gary D. Plotz, City
Engineer Marlow Priebe, Building Official Homer Pittman, and Fire
Marshal George Field.
MTNITTF.S
The minutes of the regular meeting dated Tuesday, May 17, 1983,
were approved on a motion _by -Mr. Ebent, seconded by Mr. Beatty.
The motion carried unanimously.
PUBLIC HEARINGS
(a) CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT AS
SUBMITTED BY PURE CULTURE PRODUCTS
Chairman Romo opened the hearing at 7:31 P.M. with the reading
of publication X13077 as published in the Hutchinson Leader on
Thursday, June 9, 1983.
The request is for a conditional use permit to allow the
installation of an 11'4" X 22'0" water well pump house of
concrete block construction with a wooden roof on the property
located at 35 Adams Street North.
City Engineer Priebe explained that the structure will be
constructed at the proper elevation for flood fringe require-
ments. There was no one present who objected to the request.
Mr. Beatty made a motion to close the hearing at 7:33 P.M.
Seconded by Mr. Ebent, the motion carried unanimously.
Mr. Beatty made a motion to recomment approval of the conditional
use permit as requested, subject to DNR approval. Seconded by
Dr. Lyke, the motion carried unanimously.
(b) CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT AS
SUBMITTED BY HUTCHINSON FARM SERVICE
Chairman Romo opened the hearing at 7:33 P.M. with the reading
of publication #3079 as published in the Hutchinson Leader on
Thursday, June 9, 1983.
ri —.N-
Planning Commission Minutes - June 21, 1983
Page 2
The request is for a conditional use permit to allow the
installation of a preassembled HP 90- D9/16.5 ton schuld steel
bin for bulk feed, at the property located at 249 Washington
Ave. East.
City Administrator Plotz read a letter of consent from Michele
Keller, Lease Representative of Burlington Northern Railroad,
property owner. Mr. Lloyd Block was present to explain the
request.
Mr. Ebent moved to close the hearing at 7:34 P.M. Seconded by
Dr. Lyke, the notion carried unanimously.
Mr. Ebent made a motion to recommend to City Council approval
of the conditional use permit as requested. Seconded by Mr.
Beatty, the motion carried unanimously.
(c) CONSIDERATION OF A REQUEST FOR CONDITIONAL USE AS SUBMITTED BY
JOHN AND HARRIET TEWES
Chairman Romo opened the public hearing at 7:35 P.M. with the
reading of publication X13081 as published in the Hutchinson
Leader, June 9, 1983.
The request is for a conditional use permit to allow the enlarg-
ing of a nonconforming garage on the property located at 569
Hassan Street South. City Administrator Plotz explained the
request and that a conditional use permit was necessary because
the building to be enlarged is nonconforming (sits 3' from the
property line). There was no one present who objected to the
request.
Mr. Beatty made a motion to close the hearing at 7:36 P.M.
Seconded by Dr. Lyke, the motion carried unanimously.
Mr. Beatty made a motion to recommend to the City Council
approval of the conditional use permit as requested. Seconded
by Mr. Ebent, the motion carried unanimously.
(d) CONSIDERATION OF A REQUEST FOR A VARIANCE AS SUBMITTED
BY JOHN AND HARRIET TEWES
Chairman Romo opened the public hearing at 7:39 P.M. with
the reading of publication X13078 as published in the Hutchinson
Leader on June 9, 1983.
The request is for a variance to allow a 3' sideyard setback
for an addition to a garage as it now stands, 3' from the
property line, on the property located at 569 Hassan St. S.
Dr. Lyke made a motion to close the hearing at 7:41 P.M. Seconded
by Mr. Beatty, the motion carried unanimously.
• •
Planning Commission Minutes - June 21, 1983
Page 3
Mr. Ebent made a motion to recommend to City Council
approval of the variance as requested. Seconded by Mr.
Beatty, the motion carried unanimously.
(e) CONSIDERATION OF A REQUEST FOR A VARIANCE AS SUBMITTED BY
RUSSELL FISCHER
Chairman Romo opened the public hearing at 7:42 P.M. with
the reading of publication ,',`3080 as published in the
Hutchinson Leader, June 9, 1983.
The request is for a variance to allow a 3' sideyard
setback for the construction of a new, larger garage
to be situated on old garage site which now stands 3'
from the sideyard property line, in accordance with
old city ordinance.
Mr, and Mrs. Fischer were present to explain the request.
Mr. Ebent made a motion to close the hearing at 7:45 P.M.
Seconded by Dr. Lyke, the motion carried unanimously.
Mr. Ebent made a motion to recommend to City Council
approval of the conditional use as requested. The motion
was seconded by Mr. Hwang. Discussion followed. It was
pointed out that the recommendation is based on the fact
that a garage already exists on the site, 3' from the pro-
perty line. This is the basis for the staff's recommendation
for approval. The motion carried unanimously.
4. Old Business
(a) CONSIDERATION OR REQUEST TO SUBMIT ANNEXATION OF HORSWELL
PROPERTY SUBMITTED BY CITY ENGINEER PRIEBE
City Engineer Priebe explained the request. He noted that
the Horswell property located on the west side of County
Road 12, just south of the Oakwood Addition, is surrounded
by City property on three sides. By annexing the Horswell
property, the City can save some construction costs of
water, storm sewer and sanitary lines that are planned to
be extended to the Oakwood Addition before a new street can
be put in. Discussion followed.
Mr. Beatty made a motion to recommend to City Council approval
of the annexation of the Horswell property and that City Council
pass the recommendation on to the State Municipal Board.
Seconded by Mr. Ebent, the motion carried unanimously.
Planning Commission Minutes - June 21, 1983
Page 4
(b) CONSIDERATION OF EXPIRATION OF ORDERLY ANNEXATION
AGREEMENT WITH TOWNSHIPS
City Engineer Priebe explained that the 10 year agreement
was due to expire. He recommended that the City Attorney
and staff look into nonsidering a new agreement and that
a new format for such an agreement be obtained from the
State, as the old format is out of date.
Mr. Beatty made a motion to recommend to City Council that
the City Attorney be granted time to work on the Joint
Resolution for Orderly Annexation City of Hutchinson, and
the townships of Acoma, Lynn, Hassan Valley and Hutchinson,
McLeod County, Minnesota. Seconded by Mr. Ebent, the motion
carried unanimously.
(c) CONSIDERATION OF PRELIMINARY LAYOUT AS SUBMITTED BY
ANTHONY MACHTEMES
Mr. Anthony Machtemes, Franklin, Minnesota, was present
with a preliminary layout plan for his property which is
now being considered for annexation to the City of Hutchinson.
City Engineer Priebe explained plans for platting, streets,
water, storm sewer and sanitary lines as well as a proposed
park for the area. The area is planned for single or two
family dwellings. The layout has 129 lots. Discussion followed.
5. New Business
(a) COMMUNICATIONS FROM ED HOMAN
City Engineer Priebe presented a notice of public hearing -he received
from the McLeod County Planning Commission who will consider the
request from William H. Arndt and Duinick Bros. 5 Gilchrist for
a conditional use permit to allow the excavation of gravel.
Mr. Beatty made a motion to recommend to City Council the approval
of the request. Seconded by Dr. Lyke, the motion carried unanimously.
City Engineer Priebe presented a notice of public hearing he received
from the McLeod County Board of Adjustment who will consider the
request by Michael E. Shaw for a variance permit to allow the reduction
of the required front yard setback of 130' to 113'6" from the center-
line of Trunk Highway 15 for the construction of a 12' % 14' deck.
Mr. Beatty made a motion to recommend to City Council the approval
of the request. Seconded by Dr. Lyke, the motion carried unanimously.
0
0
Planning Commission Minutes - June 21, 1983
Page 5
(b) SLIDE PRESENTATION
0
A slide presentation about comprehensive planning was
shown.
6. AD.TnT;R1TmNT
Mr. Beatty made a motion to adjourn the meeting at 8:55 P.M.
Seconded by Mr. Ebent, the motion carried unanimously and the
meeting was adjourned.
1
i
Minutes
Special Relief Assn. Meeting
Monday, June 6, 1983
President Smith brought the meeting to order at 8:17 P.M.
The subject was the Board's recommendation to raise the per year
pension increase from $4.00 to $5.00.
Ray Fitzloff made a motion to raise our pension $1.00 per
year effective July 1, 1983. Seconded by Bill Brodd, the motion
carried.
The meeting adjourned at 8:24 P.M.
Secretary,
Randy Redman
—C—,
Minutes
Fire Department - Regular Meeting
Monday, June 6, 1983
Chief Henke brought the June meeting to order at 8:30 P.M.
Roll call was taken and the minutes of the May meetings
were read and approved.
The lunch committee will have a Smelt Fry June 20th. We will
start the drill at 6:30 that night.
The following bills and runs were ordered paid from their
proper accounts:
City Budget General Account
Red Owl 2.88 Kimball Fire Dept. 18.00
Snyder Drug 20.91 U of M 385.00
Mid- Central Fire 156.00 Hutch Insurance Ag. 20.00
Motorola 287.00 Home Advertising 237.14
Mankato Mobile Radio 30.00
" " " 45.86
Hutch Wholesale Supply 23.30
Hutch Snyder Drug 20.56
Communication Auditors 4.00
19.69
23.85
38.68
18.68
21.10
20th Century Plastics 81.50
Harvey Kemper 8.00
Allen Office 13.65
Loren Larson 296.75
Sheldon Nies 91.00
Fire runs
Warehouse Grocery, electrical; Duane Thovson, house fire; John Bernhagen,
barn; Happy Chef, dumpster; 3M, Hutch Hospital, water flow; 1st Ave. &
Main, car; Red Owl, dumpster - 2 times; 3M, Barrick Stables, brush fire;
Gerald Carter, refrigerator fire; Dick Thuringer, lightning hit house;
Gerald Specht, boat; Robert Schlueter, car; two (2) drills.
We will have a fire department hog roast on the 18th of September.
A motion was made by Marlin Torgerson and seconded by George Field to
it have the fire hydrants in town color coded according to their water
flow. The motion passed.
/ —�
I_ .
Fire Department Minutes June 6, 1983
Page 2
A motion was made by Jim Brodd and seconded by Kim Meyer to have
Brad Emans put the final touches on an 8 hour orientation course
for rookies. The motion carried.
A motion was made and seconded and carried to get prices on buoys
for each side of the bridge on Main Street.
A motion was made by Gary Henke and seconded by Jim Brodd to pur-
chase a 16" fan, plastic nozzles, chain saw and some miscellaneous
equipment that Clint has listed. The money will first come out of
the City account; then any shortage will come out of the General
Account. The motion passed.
A motion was made and seconded to give James Bryant a leave of
absence from May 15 - July 15. The motion carried.
A fire department member will be notified of any tornado watches.
Calvin Lee completed one year of probation on the department and
was voted to permanent status.
Harland Emans thanked everyone and wished them well since he
will be retiring as of June 30, 1983.
New procedure during drills. Go to the truck you reported to
the drill on and stand by for orders.
Chief Henke reminded everyone to listen to the radio for orders
from the chiefs.
Chief Henke asked everyone to keep personal remarks at the fire
scene to yourself. Conduct yourself in a professional manner.
The meeting was adjourned at 9:42 P.M.
Secretary,
Randy Redman
is •
• •
MINUTES
Tree Board
June 21, 1983
Members Present: Roy Johnsen, Mrs. Axel Jensen, Mark Schnobrich
Members Absent: Ivan Larson, Mike Carls, Jerry Brown
Le Bistro Parking Lot - Proposals by Harlow Priebe were examined for the poss-
ible saving of trees and shrubs for the parking lot. The members of the board
agreed that all Spruce, Walnut and shrubs on the Northeast section should be
saved along with grass to provide for a green area within the parking lot.
Along with the Northeast section, the Spruce on the South part of the lot was
also planned for retention within the parking area.
Arbor ay - The totals for Arbor Day have been tallied with $3, 655.00 being
expended and $2,142.70 being received for 1983. The money is to be ear marked
for additional tree purchases in 1983 for 1984 distribution.
1983 DED Statistics - 55 Elms have been tagged for removal with 13 of them
being lost to tornado damage rather than Dutch Elm Disease. Of the trees,
33 were private and 22 were city.
Tornado - The June 13th tornado did considerable damage to both boulevard and
private trees. 13 Elms were toppled and or severely damaged to cause removal,
while Spruce, Ash and other trees being damaged on private property. The
total uprooting on trees is signigicant in that it shows the restricted root
systems caused by the urban environment.
Summer Tree Purchases - Due to the additional expense and the reduced variety
of species the board agreed that additional distribution of trees be post-
poned until next spring when specie availability and costs are more favorable.
It was noted that the funds raised this year would be spent this year in order
to fulfill budget guidelines.
Wood Permit - A new concept in wood sales was proposed by Schnobrich. A one -
half year $50.00 permit cost would allow a holder to cut as much as he could
during open cutting times. A restricted number of 30 permits would be issued
each one -half year. The board agreed this was a feasible system.
Fleeting was adjourned at 8:00 pm.
Respectfully submitted,
Mark Schnobrich
Z,
0
MINUTES
Parks & Recreation Board
June 1, 1983
11
Members Present: Dr. Chernausek, Roy Johnsen, Mike Carls, Kathy McGraw and Rollie
Jensen. Also present were: Bruce Ericson, John McRaitb and Karen McKay.
Minutes
The minutes were read and a motion was made by Dr. Chernausek to approve them.
Rollie Jensen seconded -the motion and the board agreed.
Arbor Day Review
The Arbor Day review was deferred until the July meeting; Mark Schnobrich was
unable to attend. However, Bruce told the board that over 300 trees were
planted on Arbor Day.
Rollerskating
Rollerskating at the Civic Arena has been cancelled until school is out. The
program is losing money. It will resume on June 9th.
West River Park
Bruce told the board that he has been notified from Vin Weber's office that
$98,750 is available from Federal grant money and $29,625 from State grant
money. Bruce pointed out on a map that the city would be acquiring an area
designated natural /fishing /picnicing area.
Mike Carls told the board that Richard Peterson had talked to him about
naming the West River Park Phase IV after D.J. Black, former City of Hutchinson
Mayor. Also mentioned was that former Mayor, Ralph Westlund was on the council
that acquired portions of West River Park Phase IV.
Mass Registration
Bruce told the board that the mass registration went well, but the swimming lesson
line was "unbelievable." Also,almost everyone that was in line got the part-
icular sessions or hours they wanted. Kathy McGraw told the board that approx-
imatly 130 kids signed up for tennis lessons.
Picnic Table Rental Policy
Bruce told the board that there have been three different requests for picnic table
rentals. After a discussion, the feeling of the board was negative. Kathy McGraw
made a motion and Rollie Jensen seconded it that picnic tables not be removed
from their locations, the board unanimously agreed.
Summer Program Review
John McRaith told the board that the soccer games will be switched to mornings in-
stead of afternoons. A more relaxed style of soccer will be played since the
level doesn't go beyond little league. Peanuts I and II will be moved from
Tartan Park out to Roberts Park.
John mentioned to the board that different leagues are paying the same player fee
as leagues playing more doubleheaders and asked the board if perhaps teams should
pay by the number of games being played. No decision was made.
MINUTES
Parks S Recreation Board
June 1, 1983
Miscellaneous
Mike Carls told the board that he meet with the Park employees. He said that
the employees requested banning dogs from the immediate picnic area, and that
signs should be posted in parks regarding dogs.
Mike made a motion to recommend to the City Council that the ordinance referring
to dogs in the parks be ammended to prohibit dogs in the immediate picnic area
and that signs be posted. Roy Johnsen seconded the motion and the board unani-
mously agreed.
Datlof Weseloh is offering the former "Sunny's Antiques" building for the sum of
$26,000, and he would be willing to sell contract for deed. Making a counter
offer to Mr. Weseloh was a consideration. After discussion, the board decided
to table the subject.
Dr. Chernausek told the board that his term expires August 12th as does Don
Falconer's. Dr. Chernausek told the board that a replacement.should be sought
for his postion and that he would contact Don to see how he felt. He will re-
port back to the board at the July meeting.
Adjournment
The meeting was adjourned at 6:25 p.m. by a motion made by Dr. Chernausek and
seconded by Roy Johnsen.
klm
r'
0
CALL TO ORDER
I;INU'PES
AIRPORT ZONING BOARD
WEDNESDAY, MAY 25, 1983
0
The meeting of the City of Hutchinson, McLeod County, Hassan Valley and
Lynn Townships Joint Airport Zoning Board was called to order by Chairman
Robert Carney at 8 :10 P.M., with the following members present: Doug
Hedin, George Quest, LeRoy Olson, Norbert Shimek, Jerold Wright and
Chairman Carney. Me7bers absent: Melvin Sprengler, David Huser, Don
Pankake. Also present: Mr. Ray Strege, airport zoning consultant from
the firm of Toltz, King, Duvall, Anderson and Associates, Inc., Mr. James
Groehler of the Aeronautics Dvision of the Minnesota Department of
Transportation, and City Administrator Gary Plotz.
2. MINUTES
Following discussion, Member Hedin moved to approve the minutes of the
meeting of April 27th as amended under agenda item ,15a, paragraph 3, to
read "Section V.C" rather than "Section IV.C". Seconded by Member Quast,
the motion carried unanimously.
3• PUBLIC HEARING
Chairman Carney opened the public hearing with discussion of changes made
at last meeting. Mr. Strege explained that the changes as requested had
been made and pointed them out in the new proposed airport zoning
ordinance and on the accompanying maps.
Chairman Carney asked for any other comments or questions regarding the
proposed airport zoning ordinance. Member Shimek commented that Section
V :B.3.b. was not clear enough as stated. He stated that responses given
to that same question at the previous meeting were contradictory.
Discussion followed. Concerns about the term "each use," interpretation,
and enforcement were expressed. Mr. Heidecker, property owner, said he
felt this part of the ordinance (V:B.3.b) should be more specific. There
was no action taken.
Mr. William Arndt, representing Lynn Town Board stated that he was
concerned about the numbers of sections of Lynn Township that would be
controlled by this ordinance as proposed. Mr. Strege explained that there
are two types of zoning involved - airspace and land use. Land use zoning
impacts what can be done on the ground. The most restrictive of the
regulations would affect only those sections in Zones A and B. Discussion
followed. Mr. Arndt also expressed concern about the township government
having to answer to the city government about land use in Lynn Township.
City Administrator Plotz explained that for the most part, the same
procedures as now in effect would take place. When something was proposed
for property regulated by the proposed zoning ordinance, the usual
resprentative of the township and the Zoning Administrator (Hutchinson
City Administrator) would have to be in contact to determine if a variance
7 -1
Minutes Airport Zoning Board - May 25, 1983 Page 2
request would be necessary. In the event there was a denial for a
variance request, the individual could appeal the Zoning Administrator's
decision to a Board of Adjustment. The Board of Adjustment will be
appointed by the Airport Zoning Board after the proposed Ordinance is
passed. Existing township laws would remain in effect.
Member Shimek commented that he would like Mr. Strege to define what is
meant by "airport boundary" as used in Section IV.C? Mr. Strege responded
that this is existing fee title of the airport, i.e, facilities, hangars,
parking, etc. Member Shimek asked if the boundary limitations had been
delineated on the new map. *;r. Strege responded that they have.
Member Shimek commented that corner markers should be erected before the
next hearing is held so that land owners know exactly which property is
affected. Discussion followed. It was pointed out that the expense of
monumenting all of the property is high.
Member Shimek asked why Section 20, Hassan Valley Township, was omitted
from the public hearing notice. The secretary responded that it was a
typographical omission and will be corrected for the next hearing notice.
Gary Plotz reported that he consulted with Mr. Jim Groehler, and there was
no problem inasmuch as the newspaper notice was sufficient to meet state
requirements.
Member Shimek asked if a land survey of the area affected by the zoning
had been made? There was no one present who was aware of a survey being
done.
Member Shimek made a motion that the area be delineated in Zone A.
Discussion followed. There was no action taken and the motion died for
lack of a second.
Mr. Philip Plaisance, property owner, was present to represent his
interest in the Zoning Ordinance. He was concerned about who normally
takes care of deciding how or what procedures are followed in any kind of
leasing or easement agreement? Mr. Strege responded that the Airport
Zoning Board is responsible only for the zoning ordinance. Anything else
is addressed by the airport owner (City of Hutchinson) and the landowner.
At this point, only the land limitations can be pointed out. The process
for property acquisition must be followed after the ordinance is passed.
Member Shimek addressed land owners asking them if they would like to know
the Zone A boundaries. Mr. Plaisance noted that he would like to know
exactly where the 200' comes so that it can be determined how many acres
are involved. Mr. Groehler commented that it is possible that there are
monuments on the southwest end to mark the beginning points of Zone A.
Discussion followed. It was the consensus of the board that the City
Administrator should have the crop area that is affected determined and
marked before the next public hearing. Mr. Plaisance asked that he be
contacted before any work is done.
Member Shimek asked about City Attorney's opinion about notification of
land owners. City Administrator Plotz replied that the City Attorney had
responded that notification for a 112 mile radius was not required.
• •
i
0
0
Minutes Airport Zoning Board - May 2S, 1983 Page 3
;,ember Shimek noted that there was a new land owner possibly affected.
RECESS: Upon a motion by "ember Quast, seconded by 1;ember Olson, a recess
was called for at 10:15 P.M. The motion carried unanimou sly. Chairman
Carney called the meeting back to order at 10:25 P.M.
General discussion followed.
Member Hedin made a motion to amend the proposed zoning ordinance to
include Setion 20, Hassan Valley Township. The motion was seconded by
?'ember Shimek. Discussion followed during which it was noted that the
the lready embernHedinewithdrewlthelmotion.
ordinance y
r.;
Member Hedin made a motion to pass the RESOLUTION OF THE CITY OF
HUTCHINSON, MCLEOD COUNTY, AND HASSAN VALLEY AND LYNN TOWNSHIPS JOINT
AIRPORT ZONING BOARD AS TO A PROPOSED ZONING ORDINANCE, which states that
the zoning ordinance and map attached hereto is the proposed zoning
ordinance of this Board. Said ordinance will be submitted to Mn /Dot
Division of Aeronautics for a Commissioner's Order of Approval. Seconded
by Member LeRoy Olson, the motion carried unanimously with the following
members voting aye: LeRoy Olson, Doug Hedin, Norbert Shimek, George Quast
and Robert Carney. Voting nay: None.
Member Quast made a motion to allow City Staff to determine and set the
date of the second public hearing to be held at 8:00 P.M. Seconded by
Member Olson, the motion carried unanimously.
4. Old Business
None.
5. New Business
None.
6. Adjournment
Member Quast made a motion to adjourn the meetingatt10:40 P.M. wSeconded
by Member Hedin, the motion carried unanimously n
adjourned.
BID SUMMARY SHEET
SALE: $950,000 Improvement Bonds of 1983 BONDS OF
City of Hutchinson, Minnesota HELD ON
Tuesday, July 25, 1983 AT 3:00 openin6)'CLOCK p- M.
BID # 1 , NET INTEREST COST: $ 493,600
ACCOUNT MANAGER: THE NORTHERN TRUST COMPANY
Account Members: Clayton Brown & Associates, Inc.
Hutchinson, Shockey, Erley & Company
BID # 2 NET INTEREST COST: $474,937.50
ACCOUNT MANAGER: DAIN BOSWORTH, INC.
Account Members: Cronin & Marcotte, Inc.
BID x 3 NET INTEREST COST: $ 479,262.50
ACCOUNT MANAGER: FIRST NATIONAL BANK OF MINNEAPOLIS
7:30 award
: NET INTEREST RATE: 8.3661 %
Account Members: The First National Bank of Saint Paul
Dougherty, Dawkins, Strand & Yost, Inc.
M.H. Novick & Company, Inc.
BID x 4 NET INTEREST COST: $ 475,768.75
ACCOUNT MANAGER: NORWEST SECURITIES
PIPER, JAFFRAY & HOPWOOD, INC.
Account Members:
Robert S.C. Peterson, Inc.
E.F. Hutton & COmpany, Inc.
Allison- Williams
: NET INTEREST RATE: 8.0497 %
NET INTEREST RATE: 8.123 %
NET INTEREST RATE: 8.0638%
BID # 5 NET INTEREST COST: $ 483,637.50 NET INTEREST RATE
ACCOUNT MANAGER: MERRILL LYNCH WHITE WELD CAPITAL MARKETS GROUP
Account Members:
BID # NET INTEREST COST: $
ACCOUNT MANAGER:
Account Members:
EHLERS AND ASSOCIATES, INC.
Financial Specialists
507 Marquette Avenue
Minneapolis, Minnesota 55402
8.1972%
NET INTEREST RATE: %
�` o
422
Moodys Investors service
232425p62j
oti ♦ ��,
�� JUL 1983 0
99 Church Street, New York, N.Y. 10007 VED
212 - 553 -0300 P BY
July 22, 1983
Mr. Gary D. Platz
City Administrator
City Hall
Hutchinson, Minnesota 55350
Dear Mr. Platz:
We wish to inform you that our Rating Committee has assigned the
rating of A to the $950,000 the the Hutchinson, Minnesota General Obligation,
Unlimited Tax Bonds to be sold July 26, 1983.
In order that we may maintain the currency of this rating over the
period of the loan, we will require current financial and other updating
information. We will appreciate your continued cooperation in the
future.
Sincerely yours,
Freda Stern Ackerman
Executive Vice President
BB:vlw
cc: Ms. Nancy Liss
Ehlers & Assoc., Inc.
First National -Soo line Concourse
507 Marquette Avenue
Minneapolis, Minnesota 55402
t-a' I
DORSEY & WHITNEY
A Pa ,Persnlp In Jodn9 Frc esSionai Corpo 60tl $
2200 FIRST BANK PLACE EAST
MINN EAPOLIS, MINNESOTA 55402
(612) 340 -2600
TEL 29 -0505
TEIECORER: (612)340-2868
$950,000 Improvement Bonds of 1983
City of Hutchinson
McLeod County, Minnesota
We have acted as Bond Counsel in connection
with the issuance by the City of Hutchinson, McLeod County,
Minnesota, of its Improvement Bonds of 1983, initially
dated August 1, 1983, in the total principal amount of
$950,000. The Bonds are issued in fully registered form
in the denominations of $5,000 or any integral multiple
thereof. The Bonds mature on February 1 in the years
and amounts set forth below, and Bonds maturing in such
years and amounts bear interest from date of issue until
paid at the annual rates set forth opposite such years
and amounts, respectively:
Year
Amount Rate
Year
Amount Rate
1985
$ 75,000 %
1990
$100,000 %
1986
75,000
1991
100,000
1987
100,000
1992
100,000
1988
100,000
1993
100,000
1989
100,000
1994
100,000
Interest is payable on February 1 and August 1 in each
year, commencing February 1, 1984, to the holder of record
as of the 15th day of the immediately preceding month.
Bonds maturing in the years 1991 through 1994 are subject
to redemption and prepayment at the option of the City
and in inverse order of maturity dates, and by lot within
any maturity, on February 1, 1990 and any interest payment
date thereafter, at a price of the principal amount thereof
plus accrued interest. The interest on the Bonds is payable
by check or draft mailed by Norwest Bank Minneapolis,
National Association, in Minneapolis, Minnesota, or a
successor bond registrar and paying agent, and the principal
thereof is payable to the registered holder upon presentation
at the office of the bond registrar and paying agent.
For the purpose of this opinion we have examined
certified copies of certain proceedings taken by and certificates
and affidavits furnished by the City in the authorization,
sale and issuacne of the Bonds, including the form of
the Bonds. From our examination of such proceedings,
certificates, and affidavits, assuming the authenticity
thereof, the genuineness of the signatures thereon, and
the accuracy of the facts stated therein, and based upon
laws, regulations, rulings and decisions in effect on
r-d
DORSEY & WHVTNEY
$950,000 Improvement City of Hutchinson,
Bonds of 1983 McLeod County, :Minnesota
-2-
the date hereof, it is our opinion that:
1. The Bonds are in due form, have been duly
executed and delivered, and are valid and binding general
obligations of the City enforceable in accordance with
their terms, except to the extent enforceability may be
limited by State of Minnesota or United States laws relating
to bankruptcy, reorganization, moratorium or creditors'
rights.
2. The principal of and interest on the Bonds
are payable primarily from ad valorem taxes and special
assessments which the City has levied or agreed to levy
with respect tothe improvements financed by the issuance
of the Bonds, the collection of which the governing body
of the City has estimated will produce amounts at least
five percent in excess of the amounts needed to meet when
due the principal and interest payments on the Bonds,
but if necessary for payment of such principal and interest,
ad valorem taxes are required to be levied on all taxable
property in the City, which taxes are not subject to any
limitation as to rate or amount.
3. The Bonds are not "arbitrage bonds" within
the meaning of Section 103(c) of the Internal Revenue
Ccde of 1954, as amended, and the regulations promulgated
thereunder.
4. The Bonds are not subject to taxation as
property by the State of Minnesota, its agencies, municipalities
or political subdivisions, and interest to be paid on
the Bonds is not includible in gross income of the recipient
for United States or State of Minnesota income tax purposes
other than State of Minnesota excise taxes imposed on
banks and corporations and measured by income.
We have not been asked, and have not undertaken,
to review the accuracy, completeness or sufficiency of
the Official Statement or other offering material relating
to the Bonds, and, accordingly, we express no opinion
with respect thereto.
Dated this day of , 1983.
• 0
CERTIFICATION OF MINUTES RELATING TO
$950,000 IMPROVEN;ENT BONDS OF 1983
Issuer: City of Hutchinson, Minnesota
Governing body: City Council
Kind, date, time and place o= meetina: regular
meeting held on July 26, 1983, at 7 :30 .,'clock _. *_ C.D.T.,
at the Citv :fall.
Members present:
Members absent:
Documents attached:
Minutes of said meeting (including):
RESOLUTION NO. 7462
RESOLUTION RELATING TO $950,000 IMPROVEMENT
BONDS OF 1983; AUTHORIZING THE ISSUANCE,
AWARDING THE SALE, FIXING THE FORM AND
DETAILS, PROVIDING FOR THE EXECUTION,
DELIVERY AND SECURITY THEREOF AND LEVYING AD
VALOREM TAXES FOR THE PAYMENT THEREOF
I, the undersigned, being the duly qualified and
obligations referred to in the title of this certificate,
certify that the documents attached hereto, as described above,
have been carefully compared with the original records of the
corporation in my legal custody, from which they have been
transcribed; that the documents are a correct and complete
transcript of the minutes of a meeting of the governing body of
the corporation, and correct and complete copies of all
resolutions and other actions taken and of all documents
approved by the governing body at the meeting, insofar as they
relate to the obligations; and that the meeting was duly held
by the governing body at the time and place and was attended
throughout by the members indicated above, pursuant to call and
notice given as required by law.
WITNESS my hand officially as such recording officer
this _ day of , 1983.
Gary D. Plotz
City Administrator
Q.
The City Administrator presented affidavits showing
publication in a legal newspaper having a general circulation
in the City and in a daily or weekly Deriodreal published in a
Minnesota city of the first class or its metropolitan area,
which circulates throughout the state and furnishes financial
news as a part of its service, of notice of sale of $950,000
Improvement Bonds of 1983 of the City, for which bids were to
be considered at this meeting in accordance with the - esolution
adopted by the City Council on July 12, 1983. Said affidavits
were examined, found to comply with the provisions of Dinnesota
Staru-es, Chapter 475, and were aporoved a -d ordered n1aced on
file in the office of the City Adminis rotor.
It was reported that sealed bids were received
prior to 3:00 P.M., Central Daylight Time, pursuant to said
notice of sale. The bids have been opened, read and tabulated,
and the highest and best bid of each bidder was found to be as
follows:
Bid For Interest
Name of Bidder Principal Rates
•
Total interest Cost
- Net Average Rate
•
0
Member
C
introduced the following
resolution and moved its adoption:
RESOLUTION NO. 7462
RESOLUTION RELATING TO $950,000 IMPROVEMENT
BONDS OF 1983; AUTHORIZING THE ISSUANCE,
AWARDING THE SALE, FIXING THE FORM AND
DETAILS, PROVIDING FOR THE EXECUTION,
DELIVERY AND SECURITY ThH] EOF =ND LE'v -"ING AD
VALOREM TAXES FOR THE PAS?" =\= `_R OF
BE IT RESOLVED by the City Council (the Council) of
the City of Hutchinson, McLeod Ccunzy, ._ ._nescta (tine City), as
follows:
Section 1. Recitals.
1.01. Authorization. This Council has heretofore ordered
the local improvements designated as Project Nos.
constructed within the City under and
Statutes, Chapter 429, the estimated
Improvements being as follows:
Construction
Engineering
Capitalized Interest
Cost of Issuance
Bond Discount
TOTAL PROJECT COSTS:
(the Improvements) to
pursuant to Minnesota
total cost of the
$700,000
105,000
85,000
42,000
18,000
$950.000
It is hereby determined to be necessary and expedient for the
City to issue and sell its Improvement Bonds of 1983 (the
Bonds) in.the principal amount of $950,000 to defray the
expense incurred and to be incurred in making the Improvements,
including every item of cost of the kinds authorized in
Minnesota Statutes, Section 475.65, $18,000 of such amount
representing interest as provided in Minnesota Statutes,
Section 475.56.
1.02. Award of Sale. Notice of sale of the Bonds has been
duly published, and the Council has publicly received and
considered all sealed bids presented in conformity with the
notice. The most favorable of such bids is ascertained to be
that of , of
and associates, to purchase the Bonds at
a-price of $ plus accrued interest, and upon the
further terms and conditions set forth in this resolution. The
Mayor and City Administrator are authorized and directed to
endorse an acceptance on both copies of the bid and to send one
copy to the bidder. The City Administrator is directed to
retain the good faith check of said bidder pending delivery of
the Bonds and payment therefor, and the good faith checks of
other bidders shall be returned to them forthwith.
1.03. Issuance_ of Bonds. All acts, conditions and things
which are reauired by the Constitution and laws of the State of
Minnesota to be done, to exist, to han_cen and to be oerfor,.ned
precedent to and :n the valid issuance of ,.he Bdnds havina been
done, etistina, ^av:_ ^.c _^.a C� ned and :av =. Deen :'erfo:=ed, i-
is now necessary for t ^ -'_s Council to esLatlish -he form and
terms of the Bonds, to provide for the security thereof, and to
issue the Bonds forthwith.
Section 2. Form of Bonds. The Bonds shall be
prepared in substantially the following form:
-2-
•
• •
[Face of the Bonds)
U14ITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF McLEOD
CITY OF HUTCHINSON
IMPROVEA___QT BONTD OF 1983
Date of
Rate Maturity Oriainai issue CUSIP
!gym
KNOW ALL MEN BY THESE PRESENTS that the City of
Hutchinson, McLeod County, Minnesota (the City), acknowledges
itself to be indebted and for value received hereby promises to
pay to _ or registered assigns, the
principal sum of DOLLARS, on the maturity
date specified above, with interest thereon from the date
hereof at the annual rate specified above, payable on February
1 and August 1 in each year, commencing February 1, 1984, to
the person in whose name this Bond is registered at the close
of business on the 15th day (whether or not a business day) of
the immediately preceding month, all subject to the provisions
referred to herein with respect to the redemption of the
principal of this Bond before maturity. The interest hereon
and, upon presentation and surrender hereof, the principal
hereof are payable in lawful money of the United States of
America by check or draft by Norwest Bank Minneapolis, National
Association, in Minneapolis, Minnesota, as Bond Registrar,
Transfer Agent and Paying Agent (the Bond Registrar), or its
successor designated under the Resolution described herein.
Additional provisions of this Bond are contained on
the reverse hereof and such provisions shall for all purposes
have the same effect as though fully set forth at this place.
This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security or benefit under the
Resolution until the Certificate of Authentication hereon shall
have been executed by the Bond Registrar by manual signature of
one of its authorized representatives.
-3-
IN WITNESS WHEREOF, the City of Hutchinson, McLeod
County, State of Minnesota, by its City Council, has caused
this Bond to be executed by the facsimile signatures of the
Mayor and the City Administrator and by a printed facsimile of
the official seal of the City and has caused this Bond to be
dated as of the date set forth below.
Dated:
( °acsimile S'- cna-ure) (Facs -mile Sic_nazure)
City AdministralLor Ma_7or
(Facsimile Seal)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the
Resolution mentioned within.
NORWEST BANK MINNEAPOLIS,
NATIONAL ASSOCIATION
By
Authorized Representative
[Reverse of the Bonds]
This Bond is one of an issue in the aggregate
principal amount of $950,000 (the Bonds), all of like date and
tenor except as to serial number, denomination, interest rate,
maturity date and redemption privilege, issued pursuant to a
resolution adopted by the City Council on July 26, 1983 (the
Resolution) to pay the cost of construction of local
improvements in the City (the Improvements), and is issued
pursuant to and in full conformity with the provisions of the
Constitution and laws of the State of Minnesota thereunto
enabling, including Minnesota Statutes, Chapters 429 and 475.
This Bond is payable primarily from the 1983 Improvement Bond
Fund (the Bond Fund) of the City, but the Council is required
by law to pay maturing principal hereof and interest hereon
from any funds in the City treasury if moneys on hand in the
Bond Fund are insufficient therefor. The Bonds are issuable
only as fully registered bonds, in denominations of $5,000 or
any multiple thereof, of single securities.
-4-
0 •
• •
Bonds maturing in the years 1985 through 1990 are
payable on their respective stated maturity dates without
option of prior payment, but Bonds having stated maturity dates
in the years 1991 through 199,1 are each subject to redemption
and prepayment, at the option of the City and in inverse order
of maturities and by lot, assicned in proportion to their
principal amount, within any maturity, on February 1, 1990 and
on any interest payment date thereafter, at a price equal to
the _ nrincipal amount thereof pl,-:s accrued interest to the date
of redem -c -iron. =t 'east thirty Qays or'_or to zhe date set for
redemption of any Bond, Notice of the call for redemption will
be publis: ^ed in a daily or weekly periodical, pdblished in a
Minnesota clay Of the first class or its metropolizan a'r'ea,
which circulates throughout the state and furnishes financial
news as a Dart of its service, and will be mailed to the Bond
Registrar and to the registered owner thereof, but no defect in
or failure to give such mailed notice of redemption shall
affect the validity of proceedings for the redemption of any
Bond. Upon partial redemption of any Bond, a new Bond or Bonds
will be delivered to the registered owner without charge,
representing the remaining principal amount outstanding.
As provided in the Resolution and subject to certain
limitations set forth therein, this Bond is transferable upon
the books of the City at the principal office of the Bond
Registrar, by the registered owner hereof in person or by his
attorney duly authorized in writing upon surrender hereof
together with a written instrument of transfer satisfactory to
the Bond Registrar, duly executed by the registered owner or
his attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or
exchange, the City will cause a new Bond or Bonds to be issued
in the name of the transferee or registered owner, of the same
aggregate principal amount, bearing interest at the same rate
and maturing on the same date, subject to reimbursement for any
tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the
person in whose name this Bond is registered as the absolute
owner hereof, whether this Band is overdue or not, for the
purpose of receiving payment and for all other purposes, and
neither the City nor the Bond Registrar shall be affected by
any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the
Constitution and laws of the State of Minnesota to be done, to
exist, to happen and to be performed precedent to and in the
issuance of this Bond in order to make it a valid and binding
-5-
general obligation of the City according to its terms have been
done, do exist, have happened and have been performed in
regular and due form as so required; that prior to the issuance
hereof the City has agreed to levy ad valorem taxes upon all
taxable property within the City and special assessments on
property specially benefited by the Improvements, collectible
in the years and amounts required to produce sums not less than
five _percent in excess of the orincioal of and interest on the
Bonds as such principal and interest respec_iveiy become due,
and has a_rarcoriated the same to the Bond F-ind in the manner
Specified in Minnesota Statutes, Sections 429.091 and 475.61;
that, in the event of any accumulated or an-icipated deficiency
in the Bond Fund, additional ad valorem taxes are required by
law to be levied upon all taxable property in the City without
limitation as to rate or amount; and that the issuance of this
Bond does not cause the indebtedness cf the City to exceed any
charter, constitutional or statutory limitation.
The following-abbreviations, when used in the
inscription on the face of this Bond, shall be construed as
though they were written out in full according to the
applicable laws or regulations: .
TEN COM -- as tenants UNIF GIFT MIN ACT..... Custodian.....
in common (Cust) (Minor)
TEN ENT -- as tenants
by the entireties
JT TEN -- as joint tenants
with right of
survivorship and
not as tenants in
common
under Uniform Gifts to
Minors
Act......................
(State)
Additional abbreviations may also be used,
though not in the above list
0 •
•
ASS I GNXENT
0
FOR VALUE RECEIVED the undersigned hereby sells,
assigns and transfers unto
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney to transfer the within Bond on the hooks kept for
reg.'strat -on thereof, with full power of substitution in the
premises.
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER -DENTIFYING NUMBER
OF ASSIGN3FE:
NOTICE: The signature to this
assionment must correspond with
the name as it appears upon the
face of the within Bond in every
particular, without alteration
or enlargement or any change
whatsoever.
Section 3. Bond Terms, Execution and Delivery.
3.01. Maturities, Interest Rates, Denominations, Payment.
The City shall forthwith issue and deliver the Bonds, which
shall be denominated "Improvement Bonds of 1983" and shall be
payable primarily from the 1983 Improvement Bond Fund created
in Section 4.02 hereof. The Bonds shall be in the denomination
of $5,000 each or any integral multiple thereof, shall mature
on February 1 in the years and amounts set forth below, and
Bonds maturing in such years and amounts shall bear interest
from date of issue until paid or duly called for redemption at
the rates per annum shown opposite such years and amounts as
follows:
Year
Amount Rate
Year
Amount Rate
1985
$ 75,000
1990
$100,000
1986
75,000
1991
100,000
1987
100,000
1992
100,000
1988
100,000
1993
100,000
1989
100,000
1994
100,000
The Council finds and determines t
forth above, are warranted by the
assessments levied or to be levied
Improvements.
3G
hat such maturities, as set
anticipated collection of the
for the cost of the
The Bonds shall be issuable only in fully registered form.
The interest thereon and, upon surrender of each Bond, the
principal amount thereof, shall be payable by check or draft
issued by the Registrar described herein.'
3.02. Dates; Interest Payment Dates. Each Bond shall be
dated as of the last interest payment date preceding the date
of authentication to which interest on the Bond ha_ been paid
or made available for pavment, unless (i) the date of
authentication is an interest _uavment date to whic- interest
has been Daid or made available for Day_ment, in wn -_c1 case such
Bond shall be dated as of the date of authentication, or
(ii) the date of authentication is prior to February 1, 1984,
in which case such Bond shall be dated as of August 1, 1983.
The interest on the Bonds shall be payable on Febrtary 1 and
Aug-List 1 in each year, commencing February 1, 1984- to the
owner of record thereof as of the close of busine,; on the
fifteenth day of the immediately preceding month, vhether or
not such day is a business day.
3.03. Registration. The City shall appoint, and shall
maintain, a bond registrar, transfer agent and paying agent
(the Registrar). The effect of registration and the rights and
duties of the City and the Registrar with respect thereto shall
be as follows:
(a) Register. The Registrar shall keep at its
principal corporate trust office a bond register in which
the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and
exchanges of Bonds entitled to be registered, transferred
or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer
of any.Bond duly endorsed by the registered owner thereof
or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the
registered owner thereof or by an attorney duly authorized
by the registered owner in writing, the Registrar shall
authenticate and deliver, in the name of the designated
transferee or transferees, one or more new Bonds of a like
aggregate principal amount and maturity, as requested by
the transferor. The Registrar may, however, close the
books for registration of any transfer after the fifteenth
day of the month preceding each interest payment date and
until such interest payment date.
(c) Exchange of Bonds. Whenever any Bond is
surrendered by the registered owner for exchange, the
Registrar shall authenticate and deliver one or more new
wcm
• •
•
Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney
in writing.
(d) Cancellation. All Bonds surrendered upon any
transfer or exchange shall be promotly cancelled by the
Registrar and thereafter disposed of as directed by the
City.
(e) ImoroDer or Una-.;thorized Transfer. When anv Bond
is Dresentea to the Ze4 -strar Lor transfer, the ReQ'_Strar
may refuse to transfer t:.e same until it is satisfied that
the endorsement on such 3ond or separate instrument of
transfer is legally authorized. The Registrar shall incur
no liability for the refusal, in good faith, to make
transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar
may treat the person in whose name any Bond is at any time
registered in the bond register as the absolute owner of
such Bond, whether such Bond shall be overdue or not, for
the purpose of receiving payment of, or on account of, the
principal of and interest on such Bond and for all other
purposes, and all such payments so made to any such
registered owner or upon the owner's order shall be valid
and effectual to satisfy and discharge the liability of the
City upon such Bond to the extent of the sum or sums so
paid.
(g) Taxes, Fees and Charges. For every transfer or
exchange of Bonds, the Registrar may impose a charge upon
the owner thereof sufficient to reimburse the Registrar for
any tax, fee or other governmental charge required to be
paid with respect to such transfer or exchange.
(h) Mutilated Lost Stolen or Destroyed Bonds. In
case any Bond shall become mutilated or be lost, stolen or
destroyed, the Registrar shall deliver a new Bond of like -
amount, number, maturity date and tenor in exchange and
substitution for and upon cancellation of any such
mutilated Bond or in lieu of and in substitution for any
such Bond lost, stolen or destroyed, upon the payment of
the reasonable expenses and charges of the Registrar in
connection therewith; and, in the case of a Bond lost,
stolen or destroyed, upon filing with the Registrar of
evidence satisfactory to it that such Bond was lost, stolen
or destroyed, and of the ownership thereof, and upon
furnishing to the Registrar of an appropriate bond or
indemnity in form, substance and amount satisfactory to it,
in which both the City and the Registrar shall be named as
obligees. All Bonds so surrendered to the Registrar shall
be cancelled by it and evidence of such cancellation shall
be given to the City. If the mutilated, lost, stolen or
destroyed Bond has already matured or been called for
redemption in accordance with its terms, it shall not be
necessary to issue a new Bond prior to payment.
3.04. Appointment of initial Registrar. The City nerebv
appoints _vorwest Bank ?114nneapol_s, National a.ssociat'_on, as -he
initial Registrar. The ''favor and the City = dminlStrator are
authorized to execute and deliver, on behalf of the City, a
contract with Norwest Bank Minneapolis, National Association,
as Registrar. Upon merger or consolidation of the Registrar
with another corporation, if the resulting corporation is a
bank or trust company authorized by law to conduct such
business, such corporation shall be authorized to act as
successor Registrar. The Citv a4rees to pay the reasonable and
customary charges of the Registrar for the services performed.
The City reserves the right to remove any Registrar upon thirty
(30) days notice and upon the appointment of a successor
Registrar, in which event the predecessor Registrar shall
deliver all cash and Bonds in its possession to the successor
Registrar and shall deliver the bond register to the successor
Registrar. On or before each principal or interest due date,
without further order of this Council, the City Administrator
shall transmit to the Registrar, from the 1983 Improvement Bond
Fund described in Section 4.02 hereof, moneys sufficient for
the payment of all principal and interest then due.
3.05. Redemption. Bonds maturing in the years 1985
through 1990 shall not be subject to redemption prior to
maturity, but Bonds maturing in the years 1991 through 1994
shall each be subject to redemption and prepayment, at the
option of the City, in inverse order of maturities and, within
any maturity, in $5,000 principal amounts selected by the
Registrar by lot, on February 1, 1990 and on any interest
payment date thereafter at a price equal to the principal
amount thereof plus accrued interest to the date of
redemption. At least thirty days prior to the date set for
redemption of any Bond, the City Administrator shall cause
notice of the call for redemption to be published in a daily or
weekly periodical published in a Minnesota city of the first
class or its metropolitan area, which circulates throughout the
state and furnishes financial news as a part of its service,
and to be mailed to the Registrar and to the registered holder
thereof, but no defect in or failure to give such mailed notice
of redemption shall affect the validity of proceedings for the
redemption of any Bond.
-10-
3.06. Preparation and Delivery. The Bonds shall be
prepared under the direction of the City Administrator and
shall be executed on behalf of the City by t_^e signatures of
the Mayor and the City Administrator, and shall be sealed with
the official corporate seal of the City, provided that said
signatures and the corporate seal may be printed, engraved, or
lithographed facsimiles thereof. In case anv officer whose
sicnature, or a facsimile of w - -cse signature, shall appear on
the Bonds shall cease to be such officer before the delivery of
anv Bond, -such sicnature or facsimile shall nevertheless be
' Jalid and si _C "-ent for all purposes, L.• ^.e Sc.T.2 as if Such
officer had remained In o -Lice until delivery. Notwithstanding
such execution, no Bond shall be valid or obligatory for any
purpose or entitled to any security or benefit under this
resolution unless and until a certificate of authentication on
such Bond has been duly executed by the manual signature of an
a•ithorized representative of the Registrar. Certificates of
authenticatior_ on different Bonds need not be signed by the
same representative. The executed certificate of
authentication on each Bond shall be conclusive evidence that
it has been authenticated and delivered under this Resolution.
When the Bonds have been so executed and authenticated, they
shall be delivered by the City Administrator to the Purchaser
upon payment of the purchase price in accordance with the
contract of sale heretofore made and executed, and the
Purchaser shall not be obligated to see to the application of
the purchase price.
Section 4. Security Provisions,
4.01. 1983 Improvement Construction Fund. There is hereby
created a special fund to be designated as the "1983
Improvement Construction Fund" (the Construction Fund), to be
held and administered by the City Administrator separate and
apart from all other funds of the City. The City appropriates
to the Construction Fund (a) the proceeds of the sale of the
Bonds, except any amount in excess of $932,000 and any accrued
interest received from the Purchaser in the sale of the Bonds,
and (b) all collections of special assessments levied for the'
Improvements prior to completion and pal-nent of all costs of
the Improvements. The Construction Fund shall be used solely
to defray expenses of the Improvements, including but not
limited to the transfer to the 1983 Improvement Bond Fund,
created pursuant to Section 4.02 hereof, of amounts sufficient
for the payment of interest and principal, if any, due upon the
Bonds prior to the completion and payment of all costs of the
Improvements. A separate account shall be maintained in the
Construction Fund to record expenditures for each Improvement,
and when the total cost thereof has been paid, all subsequent
collections of special assessments levied for that Improvement
-11-
shall be credited and paid into the 1983 Improvement Bond Fund
as defined in Section 4.02. Upon completion and payment of all
costs of the Improvements, any balance of the proceeds of Bonds
remaining in the Construction Fund may be used to pay the cost,
in whole or in part, of any other improvements instituted
pursuant to Minnesota Statutes, Chapter 429, as directed by the
City Council, but any balance of such proceeds not so used
shall be credited and paid to the 1983 = mprovement Bond Fund.
4.02. 1983 Z=revement 3ond Fend. So lone as any of the
Bonds are outs ardinu and anv nr--ncipai hereof or interest
thereon unpaid, the City Administrator s "call maintain a
separate and sn_ecial 1983 :c:orovement Bond Fund (the Bond Fund)
to be used for no purpose other than the payment of the
principal of and interest on the Bonds and on such other
improvement bonds of the City as have been or may be directed
to be paid therefrom. The City irrevocably appropriates to the
Bond Fund (a) the collections of special assessments and other
funds to be credited and paid thereto in accordance with the
provisions of Section 4.01, (b) any taxes levied in accordance
with this resolution, and (c) all such other moneys as shall be
received and appropriated to the Bond Fund from time to time.
If the balance in the Bond Fund is at any time insufficient to
pay all interest and principal then due on all bonds payable
therefrom, the payment shall be made from any fund of the City
which is available for that purpose, subject to reimbursement
from the Bond Fund when the balance therein is sufficient, and
the Council covenants and agrees that it will each year levy
such taxes as may be required for the payment of any
accumulated or anticipated deficiency, which levy is not
subject to any constitutional or statutory limitation.
4.03. Additional Bonds. The City reserves the right to
issue additional bonds payable from the Bond Fund as may be
required to finance costs of the Improvements not financed
hereby; provided that the City Council shall, prior to the
delivery of such additional bonds, levy or agree to levy by
resolution sufficient additional ad valorem taxes and special
assessments which, together with other moneys or revenues
pledged for the payment of said additional obligations, will
produce revenues at least five percent in excess of the amount
needed to pay when due the principal and interest on all bonds
payable from the Bond Fund. The additional ad valorem taxes,
special assessments and moneys or revenues so pledged, levied
or agreed to be levied shall be irrevocably appropriated to the
Bond Fund in the manner provided by Minnesota Statutes, Section
475.61.
4.04. Levy of Special Assessments. The City hereby
covenants and agrees that for payment of the cost of each of
-12-
0
0 0
the Improvements it will do and perform all acts and things
necessary for the full and valid levies of special assessments
against all assessable lots, tracts and parcels of land
benefited thereby and located within the area proposed to be
assessed therefor, based upon the benefits received by each
such lot, tract or parcel, in an aaarecate principal amount not
less than 20 Dercent of the cost of each of the Improvements.
In the event that any such assessment shall be at any time held
invalid with respect to any lot, piece or Darcel of land, owing_
to any error, defect or irregularity in any action or
proceed =na Laken or Lo be Laken by Lee City or this Co-ci__ or
any of the Cltv's officers or emDlovees, either in L_ ^.e caking
of such assessment or in the performance of any condition
precedent thereto, the City and this Council 'hereby covenant
and agree that they will forthwith do all such further acts and
take all such further proceedings as may be required by law to
make such assessments a valid and binding lien upon such
property. For the purpose of computing the ad valorem tax levy
in Section 4.05 hereof, the Council presently estimates that
the aggregate principal amount of said assessments will be not
less than $ , payable in not more than _ equal
consecutive, annual installments, the first of said
installments to be collectible with taxes during the year
198 . It is further estimated that deferred installments will
bear interest at a rate of not less than _ percent per
annum from the date of the resolution levying said assessment
until December 31 of the year in which the installment is
payable.
4.05. Ad Valorem Taxes. It is hereby found and determined
to be just and equitable that such part of the cost of the
Improvements not paid by collections of the special assessments
agreed to be levied pursuant to Section 4.04 hereof shall be
paid from general ad valorem taxes levied upon all taxable
property in the City, and that such portion of the cost will
not exceed the total benefits to be conferred by the
Improvements upon the City at large. In order to provide the
additional amounts required by Minnesota Statutes, Section
475.61, Subdivision 1, for the payment of the Bonds, and
provide for the payment of such portion of said cost of the
Improvements, there is hereby levied upon all of the taxable
property of the City a direct, annual ad valorem tax, which
shall be collectible with other taxes in the years and amounts
as follows:
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Levy Collection Levy Collection
Year Year Amount Year Year Amount
1983
1984
1984
1985
1985
1986
1986
1987
1987
1988
1988
1989
1989
1990
1990
1991
1991
1992
1992
1993
1993
1994
Said taxes shall be lrreDealable as long as any of the Bonds
herein authorized are outstanding and unpaid; provided, that
the City reserves -he right and Dcwer to reduce the levies in
the manner and to the extent provided in Minnesota Statutes,
Section 475.61.
4.06. Full Faith and redit Pledged. The full faith and
credit of the City are irrevocably pledged for the prompt and
full payment of the principal of and interest on the Bonds, and
the Bonds shall be payable from the Bond Fund in accordance
with the provisions and covenants contained in this
resolution. It is estimated that the special assessments
levied and to be levied, together with the ad valorem taxes
levied for the payment of the Improvements and other moneys
legally available to the City for such purposes, will be
collected in amounts not less than five percent in excess of
the annual principal and interest requirements of the Bonds:
If the money on hand in the Bond Fund should at any time be
insufficient to pay all principal and interest due on all bonds
payable therefrom, such amounts shall be paid from any other
fund of the City and such other fund shall be reimbursed
therefor when sufficient money is available in the Bond Fund.
If on October 1 in any year the sum of the balance in the Bond
Fund plus the amount of special assessments and any ad valorem
taxes theretofor levied for the Improvements and collectible
through the end of the following calendar year is not
sufficient to pay when due all principal and interest to become
due on all bonds payable therefrom in said following calendar
year, or the Bond Fund has incurred a deficiency in the manner
provided in this Section 4.06, an additional direct,
irrepealable, ad valorem tax shall be levied on all taxable
property within the corporate limits of the City for the
purpose of restoring such accumulated or anticipated deficiency
in accordance with the provisions of this resolution.
Section 5. Defeasance. When all of the Bonds have
been discharged as provided in this Section 5, all pledges,
covenants and other rights granted by this resolution to the
holders of the Bonds shall cease. The City may discharge its
obligations with respect to any Bonds which are due on any date
-14-
0 0
by irrevocably depositing with the Registrar on or before that
date a sum sufficient for the payment thereof in full; or, if
any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient
for 'the payment thereof in full with interest accrued to the
date of such deposit. The City may also discharge its
obligations with rescect to anv nreiDavable Bonds called for
redemption on anv date wren thev are Drenayable accor34ng to
their terms, by depositing w_-n -Le seclStrar on or -ore -nat
Cate a sLLm sufficient =or paL°:'.enE t.;ereof In flll'_ provided
�nar notice of the reQemDt --i-2 : - -eG' f:aS .^�cen oll1V giv2R as
provided in Section 3.05. he Ci-�:v -may also at any t-_me
discharge its obligations wic_n respect to any Bonds, subject to
the provisions of law now or hereafter authorizing and
regulating such action, by depcsiting irrevocably in ascrow,
with a bank qualified by law as an escrow agent for rhis
purpose, cash or securities which are general obligations of
the United States or securities of United States agencies which
are authorized by law to be so deposited, bearing interest
payable at such time and at such rates and maturing on such
dates as shall be required, without reinvestment, to pay all
principal and interest to become due thereon to maturity.
Section 6. Count
dines. Investment
7 Auditor Rec
of Mo
istration, C
d Arbitraqe.
6.01, Countv Auditor Registration. The City Administrator
is hereby authorized and directed to file a certified copy of
this resolution with the County Auditor of McLeod County,
together with such other information as the County Auditor
shall require, and to obtain from said County.Auditor a
certificate that the Bonds have been entered on the bond
register as required by law.
6.02. Certification of Proceedings. The officers of the
City and the County Auditor of McLeod County are hereby
authorized and directed to prepare and furnish to the Purchaser
and to Dorsey & Whitney, Bond Counsel, certified copies of all
proceedings and records of the City, and such other affidavits,
certificates and information as may be required to show the
facts relating to the legality and marketability of the Bonds
as the same appear from the books and records under their
custody and control or as otherwise known to them, and all such
certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the
City as to the facts recited therein.
6.03. Covenant. The City covenants and agrees with the
holders from time to time of the Bonds that it will not take or
permit to be taken by any of its officers, employees or agents
-15-
any action which would cause the interest on the Bonds to
become subject to taxation under the internal Revenue Code of
1954, as amended (the Code), and the Treasury Regulations
promulgated thereunder (the Regulations).
6.04, investment of Monevs on Deposit in Bond Fund. The
City Administrator shall ascertain monthly the amount on
deposit in the Bond Fund. if the amount o,_ deposit therein
ever exceeds by more than 5142,500 the aca_egate amount of
nrincinal -and interest due and oavable iron the Bond Fund
%,"_thin the next succeed4_no 12 mon -L -s, such excess shall not be
invested except at a yield less than or equal to the yield on
the Bonds, based upon their amounts, :raturities and interest
rates on their date of issue, computed by the actuarial
method. if anv additional improvement bones are ever issued
and made payable from the Bond Fund pursuant to Section 4.03
hereof, the dollar amount in the preceding sentence shall be
changed to egaal 15 percent of the aagrecate principal amount
of all bonds, including the Bonds, which are then outstanding
and payable therefrom. The City reserves the right to amend
the provisions of this-Section 6.04 at any time, whether prior
to or after the delivery of the Bonds, if and to the extent
that this Council determines that the provisions of this
Section 6.04 are not necessary in order to ensure that the
Bonds are not "arbitrage bonds" within the meaning of Section
103(c) of the Code and Regulations.
6.05. Arbitrage. The Mayor and City administrator, being
the officers of the City charged with the responsibility for
issuing the Bonds pursuant to this resolution, are authorized
and directed to execute and deliver to the Purchaser a
certificate in accordance with the provisions of Section 103(c)
of the Code, and Sections 1.103 -13, 1.103 -14 and 1.103 -15 of
the Regulations, stating the facts, estimates and circumstances
in existence on the date of issue and delivery of the Bonds
which make it reasonable to expect that the proceeds of the
Bonds will not be used in a manner that would cause the Bonds
to be arbitrage bonds within the meaning of the Code and
Regulations.
Attest:
Mayor
City Administrator
0 -16- .
The motion for the adoption of the foregoing
resolution was duly seconded by Mervoer and upon
vote being taken thereon, the following voted in favor thereof:
and the `allowing voted aCa_ns' ,=he same:
whereupon said resolution was declared duly passed and adopted.
-17-
STATE OF MINNESOTA) COUNTY AUDITOR'S CERTIFICATE VAS TO
) ss. REGISTRATION OF BONDS AND TAX LEVY -
COUNTY OF McLEOD ) CITY OF HUTCHINSON, DiI1`NESOTA
I, the undersigned, being the duly qualified and
acting Countv Auditor of McLeod Countv, Minnesota, hereby
certify that there has been filed in my office a certified copy
of a resolution of the City Council of t'-'e City of Hutchinson,
in said County, adopted July 26, 1983, authorizing the
issuance, awarding the sale, fixing the form and details and
providing for the execution, delivery and security of $950,000
Improvement Bonds of 1983, of the City, to be initially dated
August 1, 1983, and levying taxes for the payment of principal
of and interest on said Bonds.
I further certify that said issue has been entered on
my bond register and that the tax required by law for payment
of said Bonds has been levied and filed as required by
Minnesota Statutes, Section 475.61 to 475.63.
WITNESS my hand and official seal this _ _ day of
1983.
(SEAL)
-18-
County Auditor
(612) 587.5151
C /YY OF : U7 C[-,WJ,'3diV
3714fASYIIVOTO,'%'AVLfNUE (NEST
NUTCHMON. MINN 55350
M E M O
DATE: July 19, 1983
TO: Mayor and City Council
FROM: Director of Engineering
RE: Project 83 -01 -16
Second Avenue S.E.
As previously reported, the following bids were received for the above -
referenced project:
Aero Asphalt, Inc. $75,455.00
63n. Mueller and Sons, Inc. $79,387.00
J. W.Hanson Construction Company $83,561.50
Buffalo Bituminous, Inc. $86,886.40
I recomend awarding the contract to Aero Asphalt, Inc., in the amount of
$75,455.00.
6
Marlow V. Priebe
Director of Engineering
MVP /pv
w4or
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT
PROJECT N0. 83 -01 -16
Resolution No. 7455
WHEREAS, pursuant to an advertisement for bids for the improvement of
Second Avenue S.E. between Adams Street and Huron Street, by the construction
of Grading, Gravel Base, Bituminous Base, Bituminous Wearing Surface, Curb and
Gutter, Sidewalk and Appurtenances, bids were received, opened and tabulated
according to law, and the following bids were received complying with the
advertisement:
Aero Asphalt, Inc. $75,455.00
Wm. Mueller and Sons, Inc. $79,387.00
J. W. Hanson Construction Company $83,561.50
Buffalo Bituminous, Inc. $86,886.40
AND WHEREAS, it appears that Aero Asphalt, Inc., Box 217, Hamel,
Minnesota, 55340, 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 Aero Asphalt, Inc., Box 217, Hamel, Minnesota,
55340, in the name of the City of Hutchinson, for the above - mentioned
improvement, 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 26th day of July, 1983.
City Clerk
Mayor
q 10
(612) 587.5151
C -Y OF NU)-C:IIIVSON
37 WASHING TON AVENUE WEST
HUTCHINSON , "AWN. 55350
TO: Mayor & City Council
FROM: Mark Schnobrich, City Forester
DATE: July 22, 1983
SUBJECT: Masonic Temple Site
In order to provide greenery to the downtown area, I would like
to recommend that some of the existing trees and shrubs on the Masonic
Temple lot be saved. Director of Engineering, Marlow Priebe has pro-
posed four plans. Some plans include trees and shrubs , others exclude
them. I would like to propose his plan -D with the addition of the 1.0'
Spruce on the southeast portion of the lot, and the walnut and shrubs on
the east side. A 24 X 24 foot area around the Spruce both northeast
and southeast will provide sufficient area for root growth, while also
allowing space for additional shrubs and or flowers. The Black Walnut
on the east side will need a green area of 18 X 18 feet. This would
allow enough spacing between to allow for a parking stall.
The existing shrubs around the building itself will be transplanted
to our parks.
klm
• 0
M E M O R A N D U M
DATE: July 26, 1983
— — — — — — — — — — — — — — --
TO: Mayor and City Council
— — — — — — — — — — -- — — — — — — — — — — — — — — — — — — — — —
FROM: Marilyn Swanson, Administrative Secretary
—
-- — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
SUBJECT: Agenda Item 8 -d.
I have been informed that agenda item 8 -d. has been withdrawn from the agenda
for tonight's meeting.
0
, EX WATER STREET
Risk Control
E %CELSIOR. MINNESOTA 55331
INSURANCE MANAGEMENT SERVICES i6IZI A�< -szoa \�2C212- 3�Q �5.
`6
Q �,yL�9.83
'I v
TO: Members of the City Council, City of Hutchinson, Minnesota
FROM: Dwight A. Tange, Risk Manager
°�SBL
Risk Control, Inc.
DATE: July 20, 1983
SUBJECT: Results and Recarnm endations of Public Bidding:
Group Life and Accidental Death and Dismemberment Insurance,
Group Long -Term Disability Insurance,
Group Dental Insurance
INTRODUCTION
Per my letter of May 16th, 1983 to Gary D. Plotz, reco:rr -nding that the above -
mentioned coverages be put out for public bids, specifications were drafted and
released on June 20, 1983 at 1:30 P.M. Local Time. On July 19th, 1983, at 1:30 P.M.
Local Time, the bids that were received were opened and read. aloud by Mr. Ken n!Ierri11.
Councilman Ted Beatty and myself were present along with a number of the bidding
agents involved. The City received ten bids for the Group Life Insurance, three
bids for the Long -Term Disability Insurance, and eight bids for the Group Dental
Insurance. Attached to this memo are my tabulation sheets of these bids and
below you will find a brief discussion and reconnendation regarding each of these
coverages.
GROUP LIFE INSURANCE
Of the ten bids received for Group Life Insurance, the overall lowest bid
received was from Minnesota Mutual Life Insurance Company, which is the company
which has been writing your Group Life Insurance for the past two years. Their
quoted rate for the coining year is 27C per thousand dollars of insurance per
month, versus the rate previously charged of 34t per thousand dollars of
insurance per month. Their rate for Accidental Death and Dismemberment Insurance
remains the same at 4C per thousand dollars of insurance per month. By way of
comparison, the total annual premium that you will pay for the coming twelve
months based on the current list of erirployees at their current salaries is
$1,323 less than you would have paid at the current rates that had been charged.
Incidentially, Minnesota Mutual had offered a renewal on your Group Life Insur-
ance at the same rate that you had paid last year and in the subsequent public
bidding reduced their rate.
It is therefore my recQnendation, that the City of Hutchinson award the Group
Life Insurance to the current carrier, Minnesota Mutual Life Insurance Coapany
for the coming twelve months.
t— -e--.
Memo to City Council
Hutchinson, Minnesota
July 20, 1983
Page 2
GROUP LONG -TERM DISABILITY INSURANCE
of the three bids received for Group Long Term Disability Insurance, the lowest
bid was provided by the Phil Stewart Insurance Agency of Albert Lea, Minnesota
through an organization ]moan as Schools Insurance Fund. This program is under-
written by the Fireman's Fund Insurance Company and is commonly used by school
districts in the State of Minnesota, as it is endorsed by the Minnesota School
Board Association. The only exceptions to the specifications in the School
Insurance Fund's proposal were areas where they exceeded the specifications
as written. The premium rates which are based on the total monthly covered
salaries or compensation are .39% for all employees other than law enforcement
personnel and .67o for all law enforcement personnel. I calculated the total
annual cost to the City of Hutchinson on the basis of your current list of
employees and salaries and found it to be $6,969.36. The plan you previously
carried through Equitable Life Assurance Society of the United States, which
incidentally had been non - renewed due to Fquitable's decision to cease writing
that plan in the State of Minnesota, would have been $8,586.48. This consti-
tutes a $1,617.12 savings to the City of Hutchinson for what I believe to be
substantially better coverage.
It is therefore my recommendation, that the City of Hutchinson award the Long -
Term Disability Insurance for the coming year to Schools Insurance Fund, under-
written by Fireman's Fund Insurance Company with Phil Stewart Insurance Agency
of Albert Lea, Minnesota, as agent of record.
GROUP DENTAL INSURANCE
of the eight bids received for Group Dental Insurance, the lowest bid received
was from the P7adsen Agency through Minnesota Indemnity, Inc., but this program
provides for a scheduled amount to be paid for each dental procedure performed.
This is not, in my opinion, substantial compliance with the specifications. The
specifications requested coverage on a usual, customary and reasonable basis, and
the next lowest bid that substantially complied with the specifications was pro-
vided by Bob Martin and Associates of Minneapolis, Minnesota through Canada Life
Insurance Company. You may recall that on June 28th, 1983 I reported to the
Council that the upgrading of coverage under the Group Dental to a usual and
customary basis may well result in an increase in premium rates of up to 50 %.
I am happy to report that this, in fact, is not the case, and that the total
annual premium under the Canada Life policy for the current list of employees
would be $17,477.28. By way of caparison, your current Group Dental plan through
Crown Life would have cost at the current premium rates $18,613.44 per year.
This represents a savings of $1,136.16. to the City of Hutchinson for the caning
year, with the desired upgrading of benefit levels included.
It is therefore my recommendation, that the City of Hutchinson award the Group
Dental Insurance to Bob Martin and Associates of Minneapolis, Minnesota to be
underwritten by Canada Life Insurance Company for the coning year.
• •
Memo to City Council
Hutchinson, Minnesota
July 20, 1983
Page 3
IMPORTANT ADDITIONAL CONSIDERATIONS
I feel that it is necessary and prudent on my part to point out a potential
problem that could be created by the acceptance of my recommendations. Although
it is true that we were able to improve the coverage in many cases while reducing
your costs by a fairly substantial airount of money, there is always an inherent
danger in increasing the coverage benefits for employees as in future years you
will likely be expected to continue providing these increased benefits in spite
of potential increases in premiums that may be encountered.
Regarding the Group Life Insurance, the recommendation that I have made above
involving staying with the same carrier and on the same plan, represents a
duplication of benefits as they have been provided in the past, and therefore
poses no potential problem that I can foresee.
Regarding the Group Long -Term Disability, it was not my intention to increase
the coverages or level of benefits over what you had carried in the past. The
program that I have recommended above that you accept for the caning year included
a number of items where the coverage effectively exceeds what was called for
in the specifications. If you were to accept this program as proposed, you
would place yourselves in a position where you would be expected to maintain
this level of benefits in the future and with the potential for price increases
in the years to come, this may not be desirable. Your alternatives, as I see
it, would be to accept the program with the broader coverage provisions as
proposed or ask that the company providing the insurance endorse and alter
their policy such that the benefits under their policy would be exactly equiv-
alent to what you have carried in the past. If you were to ask the comi. any
to reduce the broadness of its provisions such that the program remains the
same as in past years, I would not anticipate a substantial reduction in premium
but you would avoid setting a president of broader benefits that you would have
to adhere to in future years.
Regarding the Group Dental Insurance, the only increase in coverage over what
you have carried in the past is the utilization of the usual, customary and
reasonable method of establishing the amount of payment for specific dental
procedures. This change was intentional and drafted into the specifications
to correct a problem that has arisen under your current dental plan wherein
the scheduled method of payment of benefits was not meeting the charges that
were being made by local dentists. The reason for this gap, is that the
schedule upon which payments are based is outdated and I did cover that situ-
ation in my letter to Mr. Gary D. Plotz of May 16th, 1983. I feel that it is
proper to carry through with this upgrading of the dental coverage, as I
believe the current plan is a source of frustration for employees that is
unneeded. The only other difference between the newly proposed dental plan
and your current plan is that the new plan will not pay for prescription drugs
purchased from a licensed pharmacist that are prescribed by a dentist, whereas
your current dental plan would pay for such prescription drugs.
Memo to City Council
Hutchinson, Minnesota
July 20, 1983
Page 4
In my opinion, this is not a significant difference, and does not change or
alter ray reoormendation above.
CONCLUSSIONS
The total savings achieved for the City of Hutchinson by this public bidding
is $4,079.28. I will be in attendance at your July 26th, 1983 City Council
meeting to answer any questions that you may have. I am attaching my tabula-
tion worksheets to this mam for your review. I wish to thank you for allowing
me to be of service to the City of Hutchinson.
DAT/kja
•
•
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• 4__JtY
QE I'll' UYct- AI 1
37 WASHINGTON AVENUE WEST
NUTCNINSON, MANN. 55350
M E M O
DATE: July 21, 1983
TO: '7ayor and City Council
FROM: Director of Engineering
RE: Street Maintenance Program
Project 83 -07
The projected assessment, based on the original program, and not accounting
for street improvement projects in 1985 or 1986, is as follows:
Maximum
collection in
1984
$117,500
Maximum
collection in
1985
$119,200
Maximum
collection in
1986
$119,500
Maximum
collection in
1987
$119,600
The reduction, based on recommended chances is as follows:
Deleting
all highway
frontages
31,037'
x
0 -20 =
$
6,207 -40
Reducing
all highway
frontages
31,037'
x
0.10 =
$
3,103.70
Reducing
all gravel
surfaced streets
9,610'
x
0.50 =
$
4,805.00
Reducing
frontage to
max. 100' "A"
3,494'
x
1.00 =
$
3,494.00
Reducing
frontage to
max. 100' "B"
2,292'
x
0.40 =
$
916.80
Reducing
frontage to
max. 100' "C"
9,615'
x
0.20 =
$
1,923.00
The projected assessments could be as follows:
Assessment Collection in 1984 from $100,154 to $103,258
Assessment Collection in 1985 from $101,842 to $104,946
Assessment Collection in 1986 from $102,083 to $105,187
Assessment Collection in 1987 from $102,158 to $105,262
As discussed at the workshop, we have funds bonded for 1983 maintenance costs
in the amount of $78,500, as shown in the report dated May 21, 1982. This
report only covered costs for patching and slurry seal of 4.6 miles of "B"
type streets.
Based on our 1983 proposed program, the 11.7 miles of ?B? type streets would
be done over the 4 years, or 2.9 miles per year. This would amount to
$48,500 on "B" streets. The remaining $30,000 would be used for purchasing
material for the other streets.
f-1,
Street Maintenance Program
Project 83 -07
July 21, 1983
Page 2
In 1984, 1985 and 1986, assuming about $48,500 for work on the "B" streets, we
would have from $51,654 to $53,658 for the "A" and "C" type streets, providing
our costs do not increase.
In 1947 when Adams Street (T.H. 22) was constructed, the City did not approve
concrete for the City's portion of the roadway. Instead, a bituminous mat was
installed at a lower cost to the City. This area on Adams Street from
Washington Avenue to Fair Avenue is equal to a normal City street and the
maintenance assessment for these properties on T.H. 22 should remain at the
$0.20 level.
If we are to be able to certify an assessment for 1984, it is important that
this program be approved no later than August 9, 1983, to allow us enough time
to make up the rolls, set hearing date, send notices and hold hearing. It
would be helpful, if I could get tentative approval in order to start getting
some of the data on the rolls. Final rates and costs could be added after
final approval.
MVP /pv
cc: Ralph Neumann
Marlow V. Priebe
Director of Engineering
0
(612) 587 -5151
t != �37WASHINGTONAVENUE VV-zST
HUTCHINSON, f✓i1,'VIV 55350
M E M O
DATE: July 20, 1983
TO: Mayor and City Council
FROM: George F. Field, Fire marshal
RE: John McLaughlin Property
Request for action to call for bids for the removal of a house and other
buildings and to fill all holes, including the well, with proper material,
on Lots 4 and 5, Block 18, South 1/2 City.
I have been assured by the City Attorney, Mr. Schaefer, that all legal notices
have been published and that the Judge's order will be available by the first
meeting in August, for your acceptance of bids, and that the cost for such
work will be levied to the property through taxes.
The City should also reserve the right to reject all bids.
If you have any questions, please contact me.
Respectfully,
CITY OF HOTCHINSON i
George F. Field
Fire marshal
GFF /pv
cc: Orlin Henke, Fire Chief
r- C--
(612) 879-2311
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: July 26, 1983
TO: Mayor & City Council
— — — — — — — — — — — — — — — —
FROM: Water Billing Department
SUBJECT: Delinquent Water Accounts
Attached is a listing of the delinquent water accounts for the month
of July. Recommend water service be discontinued on August 1, 1983
at 12:00 Noon unless otherwise stated.
*Service Address
0
DELINQUENT LIST FOR MONTH OF JULY
02- 0280 -1 -00
Alton Wicklund
605 Main St. S.
Hutchinson, MN 55350
$73.57
*605 Main St. S.
Promises to pay Aug. 4, 1983
03- 0500 -0 -00
Michael Luedtke
Box 100, Route 1
Hutchinson, MN 55350
$59.71
*145 Second Ave. SE
Roger Mies, 121 First Ave. SE, Hutch
Promise to pay Aug. 1, 1983
05- 0180 -o -oo
Christy's
18 Main St. N.
Hutchinson, MN 55350
$ 99.82
*18 Main St. N.
Promises to pay $44.91 8 -03, $44.91 8 -10
07- 0120 -5 -00
Wendell DeLong
Route 2
Hutchinson, MN 55350
$30.30
*806 Franklin St. S.
07- 0315 -9 -00
Dennis Darveau
339 Fifth Ave. S.W.
Hutchinson, MN 55350
$78.29
*215 Division
Mark Fratzke, Route 1, Hutch
08-0840 -1 -00
2 Grove . S.
Hute on, MN 55350
. S.
09- 1105 -1 -00 `
Gary Piehl
316 Grove St. S.
Hutchinson, MN 55350
$32.24
*316 Grove St. S.
Promise to pay $10.00 7 -30, $10.00 8 -05
& $12.24 8 -12
9
10- 1195 -4 -00
Bruce Daniels
1923 Willow Cr. Dr. 105
Austin, TX 78741
$58.25
*616 Grove St. S.
Luann Sing, 361 Dogwood, Bird Island, MN
Duane E. Kopesky
Sheriff
E
Office of Sheriff of McLeod County
Glencoe, Minnesota
July 13, 1983
Hutchinson City Council
37 Washington Ave. W.
Hutchinson, MN. 55350
Gentlemen:
AI Cheney
Chief Deputy
The McLeod County Jail is required to have a periodic
fire inspection by a local Fire Department official. The Jail
Supervisor is also the Glencoe Fire Chief and therefore cannot
make the inspection. I would request that the City Council
allow the Hutchinson Fire Marshall, George Field, to make these
inspections. I have spoken to George and he has agreed to make
the inspections with the Council's approval. Any expenses
incurred with these inspections will be incurred by the county.
I appreciate your cooperation in this matter.
Sincerely,
Duane E. Kopesky
Sheriff
cc
Equal opportunity Employer
Mr. George Field
37 Washington Ave. W.
Hutchinson, MN. 55350
JV'
`� 9,��ttx�tris�►n
July 22, 1983
city Council
City Hall
37 Washington Ave. W.
Hutchinson, MN 55350
Dear Council,
AmMas,oabors
218 MAIN NORTH
HUTCHINSON, MN 55350
The Hutchinson Ambassadors request a permit for their
Food Concessions in Library square during the Arts &
Crafts Festival, September 16th and 17th. This permit
request is for the Ambassadors concessions only. The
Arts & Crafts Committee of the Chamber of Commerce allows
no other food sales in the festival with the exception
of the franchised area.
The concession stand will be located near the electrical
outlets that were installed two years ago with such
installation paid by the Ambassadors.
Thank you for your cooperation.
Sincerely,
Paul Ackland, Secretary
Hutchinson Ambassadors
"Paopoo uIA 6uWu iµ Wi"'
q_e
(672) 587 -5151 -
vzlrcy
C11 V OF IN u rct-JU RS O rd
37 V ✓,4SHUVvTOIV AVENUE WEST
� HUTCHINSON, f✓IIIV(\'. 55350
M E M O
DATE: July 21, 1983
TO: Mayor and City Council
FROM: George F. Field, Fire Marshal
RE: Licenses for Gambling and Bingo
FOR YOUR INFOR--ATION
The area on the applications, Item (C) Game Information, f 4. Maximum Number
of Players.
The area to be used for 200 players shall exceed 3,000 square feet. This is
based on occupant load requirements for an assembly area in a dining room and
drinking establishment, which requires 15 square feet per person. The area
to be considered is the open public area; does not include kitchens, bar
areas and the like-
This requirement provides for ease of movement in isles to exits, with a safe
uncrowded distance from table to table.
If you have any questions, please contact me.
George F. Field
Fire Marshal
GFF /pv
cc: Orlin Henke, Fire Chief
0
POLICE DEPARTMENT
MEMORANDUM
TO Mayor and City Council
FROM Sgt. John Gregor
0
DATE July 18, 1983
SUBJECT Gambling Devices & Bingo License Applications from the Elks Club
The Elks Club submitted applications for the above mentioned license without
submitting a membership list as required on the application, stating the Grand
Lodge Statutes forbid the giving out of membership lists as the reason for non-
compliance.
I see no reason to deny the application on that grounds, as long as it is
understood by the Elks that the membership list be made available for viewing upon
request of the Police Department.
Two other items were noted on the applications that should be brought to your
attention for consideration before a final decision is made.
1. On both applications the Elks requested a waiver of the bonding requirements.
2. On the Bingo application the Elks indicated they wished to run a Bingo game
at the McLeod County Fair. Ordinance 655, section 2, subdivision 5, forbids
changing the license location without prior Council approval.
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1
�S S-
I� C
Ik, Q ..A�� -C %0-. .S
C-,r t
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f
City of Hutchinson
FEE: APPLICATION FOR GAMBLING DEVICES LICENSE Approved by:
Building _
Fire _
Application shall be submitted at Police
least _ days prior to the Gambling occasion
�-
I, "E7S ►ii AND I, 6�Y 6. w x
Name of AuNthorized Officer of Name of Designated Gambling
Organization Manager
Hereby submit in duplicate this application for a license to conduct
the game of bingo in accordanc.e ijith the provisions of the City of
Hutchinson Ordinance NO. 655 an4 Minnesota Statutes Chapter 349
for the license year ending 3
Signatures:
f �-
u horizet3�Officer of Or anization Desi a ed a bling Manager of
organization
A. The following is to be completed by the duly authorized officer
of the organization:
1. True Name: ►�T
(last) (first) (� j p(middle1)h
2. Residence Address: 10 � �Ar _ „+SUw ►T�'K�T�1w,Niu� �U%A% u
(street) (city) (state) zip)5�3
ry w4l�t�k
3. Date of Birth: L 3 3 -- 4• Place of Birth
(mo /day /year) (city /state) 1
5. Have you ever been convict 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: 00 C7hi'�% CS6ar-
(last) (first) (middle)
2. Residence Address: &27 g a,W -art �}4resHU�pd{ lVbA1.,/ as35-Q
(street) (city) (state) (zip)
3. Date of Birth: sIS14& 4• Place of Birth:
(mo /day /year) (city /state)
5. Have you ever been convicted of any crime other than a
traffic offense? Yes No )C—. 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 �GKS hoOLsE
2. Date or dates gambling devices will be used /40/4, -Ara .5.4r.
(date and /or day(s)
3. Hours of the day gambling dev�es will be used:
of week)
From / .YD To h'0 ��
P. P.M.
4. Maximum number of players 1'1�
5. Will prizes be paid in money or merchandise? 17zv1AfV
6. Will refreshments be served dung the time the gambling
devices will be used? Yes ✓ No If so, will a charge
be made for such refreshments? Yes -7 NO
D. Organization Information:
1.
Address where regular meetings are held
.mac W4-W/AJ&-tZ'j Ay-
2.
Day and time of meetings /3r s 3rJ C�
4E17 of
3.
Is the applicant organization organized
under the
laws of the
State of Minnesota? Yes ✓ No
4.
How long has the organization been inexistence?
4a.
How many members in the organization?
3317
5.
What is the purpose of the organization?
C k+rITV
6.
officers of the Organization:
Name Address
Title
)7,ueo,yusnNoK
/m" SCk4
J
f+aG7Ei
DICE AWICLiOS ![•.m�r�vSaJ
C' Riex�r/ /fcm�
hyKH
7. Give names of officers or any other persons paid for services
to the organization:
Name Address Title
M
0- HAV4rs AAa-6Ex- A,4jM.V1A1s;o14 INK• ,asu
i 0
D.
E.
Organization Information
(Continued)
0
8. In whose custody will organization records be kept?
Name ! e ,, ,, S� oe e� Address
9. If the organization carries sufficient insuran e to compensate
the players in the event any injury is sustained by players
while gambling devices are used, or while on the licensed
premises, pleas s_Qt to the
��
Name of Insurer �x]a.� -�,�« TNy, Co and Policy No. CCQ_11'1 C{.l'1'-
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?
YF 5
11. Attach a list of all active members of the organization.
The following information is provided concerning a fidelity
bond given by the gambling manager in favor of the organization.
1. Name of bonding company
2. Address of bonding company
3. Amount and duration of bond
4. Application is hereby ade for waiver of the bonding
requirements. Yes No
I declare that the information I have provided on this application
is truthful, and I authorize the City of Hutchinson to investigate
the information submitted. Also, I have received from the City of
Hutchinson a copy of the City Ordinance No. 655 relating to gambling,
and I will familiarize_-m}tself with the oi�tents thpTeof.
bigna
Date:
S cribed and swo n to b fo
19, i
Signat
Comml!�
auinorizea oiixDer of organi!,zatiion
jota�y�Rbre ro this �`� day of
llotaFY,E b c�OT'�(/
Subscribed and sworn to before me a notary public on this
19
Signature of Notary Public
Commission expires on
day of
City of Hutchinson
Fee: APPLICATION FOR BINGO LICENSE Approved by:
Building
Fire _
Application shall be submitted at least Police
days prior to the bingo occasion
C I tr;ti` C
Name of Aphorized Officer
Hereby submit in duplicate this
the game of bingo in accordance
Hutchinson Ordinance No. 655 an
the license year ending
AND I, F> / //• S/77
Name of Designated Bingo Manager
application for a license to conduct
with the provisions of City of
d Minnesota Statutes Chapter 349 for
Signatures:
Au horized
Officer of Organization
Designated Bingo Manager
A. The fol
owing is
to be completed
by the duly authorized officer
of the
organization:
1. True
Name:
Mast) _ (first) mid�i}le
2. Residence Address: jpqq JNa �A�- r- it,S - S, kkk SS�-
(street ) kcity state zip code)
lx,o-itt.S -4o
3. Date of Birth: rz�� LG3•Z4. Place of Birth
(mo.j �dhY-%year) city & state
5• Have you ever been convicted of any crime other than a traffic
offense? Yes — NO )L. If yes, explain
B. The following is to be completed by the designated bingo manager
of organization:
1. True Name: _5171 /%x! LIJ
last first middle
2. Residence Address:, 300 L�t�b�16iJ Ccr.' cr �jL27Z ����cr: 1771J..
street city state zip code)
3. Date of Birth: 7 - 7— 4. Place of Birth:
(Mo., day & year) city & state
5• Have you ever been convicted of any crime other than a traffic
offense? Yes _ NO -7XZ'. 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 bingo manager.
C. Game Information: LrJ-(je' Q.W' s _
1. Place where bingo games will be played 1�ILLU.7AS4,, five
2. Date or dates bingo will be played E er VAov(k N�
(date "And /o day s of week)
3. Hours of the day bingo will played: From A=M'. to CU k�R .
P.M. �c 11 P.M.
J F.z ^1c�-C QPtw
4. Maximum number of players J6 J \ SO
5. Will prizes be paid in money or merchandise? V— A- qA�_ _
6. Will refreshments be served during the time the gameslare
being conducted? Yes ti No If so, will a charge be
made for such refreshG ents? Y-e-s--V NO
D. Organization il�iormation: _
1. Address where regular meetings are4eld nn '.Z i
2. Day and time of meetings \s V- l Al oc pwl
3. Is th6'applicant organization organized under the laws of the
state of Minnesota? Yes _Y,_ No
4. How long has the organization been in existence? Cwt .s
4a. How many members in the organization?
5. What is the purpose of the organization? r
6. Officers of the Organization: C' "t
Name Address Title
S42J a SC� sty so<< , ���� ����. t�a ���_a aLLi�V
rl. 1 Ck-%��r mAry
7. Give names of officers or any other persons paid for services
to the organization:
Name Address Title
Wt t` ,r U o r k ti
b lV".
•
3 twSO CAA mr- .C--¢oA
CG �- ---11
D. Organization Information: (Continued)
8. In whose custody will organization records be kept?
Name Address << �`A �A,A.4 • �?
9. If the organization carries sufficient insurance`to compensate
the players in the event any injury is sustained by players while
participating in the bingo game, or while on the licensed
premises, please state the
Name of Insurer and Policy No. Cc� LC 11,
West c� end —was. o
10. Have you (Manager & Officer) read, and do you thoroughly
understand the provisions of all laws, ordinances, and
regulations governing the operation of bingo games?
11. Attach a list of all active members of the organization.
E. The following information is provided concerning a fidelity
bond given by the bingo manager in favor of the organization:
1. Name of bonding company
2. Address of bonding company
3. Amount and duration f bond
/,. Application is hereb made for waiver of the bonding
requirements. Yes No
I declare that the information I have provided on this application
is truthful, and I authorize the City of Hutchinson to investigate
the information submitted. Also, I have received from the City of
Hutchinson a copy of the City Ordinance NO. 655 relating to bingo,
and I will familiarize myself—trith the contentnthereof,6
e ai,-avinoriz
Date:
Subscri e and sworn t b me
Day of 19�.
Commis §i` °e
ce!• of organization
ubliV'on this /5
Subscribed and sworn to before me a notary public on this
Day of , 19 .
Signature of Notary Public
Commission expires on
/q 43
(612) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: — — t7LY_20, 1983 — — — — — —
TO: 11:YOR AND CITY COUNCIL
------- - - - -J— --=------------ - - - --
FROM: RALPH NEUYANN I:C —
--- - - - --- i' - - - - - - - - - - - - - - - - -
SUBJECT: —HANDICAP SIGNS
— --------- — — — — — — — — — — — — — — — — — - - — — —
101 Park Place has recuested a Handicap sign be installed on the
North - `;lest side of their building.
We could move the Handicap sign that is now next to the Popcorn
Stand to their location or we could add an additional sign.
7 -21 -83
DATE
POLICE DEPARTMENT
MEMORANDUM FOR YOUR INFORMATION
TO Mayor and City Council
FROM Sergeant John C. Gregor c�
-- i
SUBJECT Parking in front of LeBistro's Cafe on lst Avenue S.E.
As per your request of 7 -12 -83 I have studied the parking situation
on lst Avenue S.E. in front of LeBistro's.
Currently angle parking is allowed on both sides of lst Avenue S.E.
between Main Street and Hassan Street.
Since the renovation of the old S & L Building a portion of 1st Avenue
was utilized to extend the sidewalk on the south side of lst Avenue from the
alley to Main Street. Part of this extension (from Main Street 70 feet east)
is three feet, leaving 62 feet from curb to curb. This portion of the street
is wide enough to allow angle parking on both sides and still have 15 foot
driving lanes. From that point (for the next 76 feet to the alley) the side-
walk was extended another seven feet, leaving 55 feet from curb to curb. If
angle parking is allowed it leaves only eight feet for the eastbound traffic
lane. The remainder of lst Avenue from the alley to Hassan is 65 feet from
curb to curb. This portion of lst Avenue is wide enough to allow angle parking
and still have 16 foot wide driving lanes. (See attached diagram)
After looking at the area in question and observing traffic flow I
would recommend that from the alley, 76 feet west towards Main Street, be
marked "No Parking ". By marking this area "No Parking" seven parking spaces
would be lost.
JG;nb
•
�77 55� --
,CCemmcrJ�c
KI
Pp, pK .,j�,
r
TO: Mayor & City Council
112) 587 -5151
iY OF HUTCHINSON
ISNJNGTON AVENUE WEST
WSON, MINN. 55350
FROM: Bruce Ericson, Parks & Recreation Director
DATE: July 26, 1983
SUBJECT: Antique Shop Property
I would like to make preliminary application through LAWCON
for the acquisition of the Antique Shop property. Total cost of
this property would be $26,000.
This project has the support of the Chamber of Commerce, and
would serve as an expansion to Girl Scout Park. The current
bath house building could be renovated into a tourist information
center.
klm
a-
0
RESOLUTION NO. 7463
0
RESOLUTION OF APPLICANT REVISING THE
FIVE -YEAR ACITON PLAN
WHEREAS, the Land and Water Conservation Fund Act ( LAWCON) and the
State Legislation Commission on Minnesota Resources (LCMR) provides for
grants to assist local public bodies in the acquisition and development
of outdorr recreation; and
WHEREAS,the Rules and Regulations for LAWCON and LCMR provides
criteria that applications must meet; and
WHEREAS, in order for the proposed project to be eligible for ap-
proval, there must be proof that it is part of a comprehensive outdoor
recreation plan and five -year action program (capitol improvement); and
WHEREAS, the City of Hutchinson has a revised five -year action pro-
gram, which includes the Expansion of Girl Scout Park.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON MINNESOTA:
THAT the Mayor and Administrative Assistant are hereby authorized
and directed to execute and to file the five -year action program with
the State of Minnesota, Office of Local and Urban Affairs of the State
Planning Agency.
Adopted by the City Council this 26th day of July, 1983.
James G. DeMeyer
Mayor
ATTEST:
Gary D. Plotz
City Clerk
218 North Main ,
July 22, 1983
Hutchinson City Council
City Hall
37 Washington Ave. W.
Hutchinson, MN 55350
Dear Council,
0
•f �' :Lt O'¢
h �
OF
/tiinneSo-La 55350 • (612) 587 -5252
The Hutchinson Area Chamber of Commerce Board of Directors at their
June meeting voted to encourage the City of Hutchinson to favorably
consider adding the property next to the old bath house into the
municipal park system.
Several years ago the City Council approved the concept of acquiring
river front property for park land as it became available. This
particular piece of property is on two major highways at the entrance
of 'our central business district and lends itself to the beautification
projects already accomplished by the Park and Recreation Board of
our city. It should also be under consideration because a city
building, the stone bath house, sits partway on this property.
The bath house is a unique stone structure that matches the stone
foundation of the Little Crow Statue and the dam. Remodeled, this
structure could easily serve as a tourist information center and
lookout over the mill pond, opening this park to greater use.
It was the feeling of the Board that the property should be acquired
as park land for the above mentioned reasons, and that it be
negotiated at a fair and reasonable price for the tax payers or
become included in a park grant in the immediate future.
Sen CArea Chamber of Commerce
TO: Mayor & City Council
12) 587 -5151
"V OF HUTCHINSON
SHING TON AVENUE WEST
NSON, MINN. 55350
FROM: Bruce Ericson, Parks & Recreation Director
DATE: July 26, 1983
SUBJECT: Bass Pond Development Grant
The following costs are my preliminary estimates regarding the
development of the Bass Pond area into a swimming beach. These esti-
mates are based . primarily on the project located at Cloquet, Minnesota,
which would be very similar.
Upon completion of;this project, there would be approximately one
and one half acres under water, and the water would be filtered and
chlorinated the same as the water in a normal swimming pool. The water
would not run through continuously, but would be filled at the beginning
of the season, and water added only due to evaporation during the season.
Cost estimates are as follows:
Building (includes all plumbing, masonry
electrical, etc.) $70,000
Landscaping (includes all grading for drainage
as well as excavation of pool area) $91,000
Fill (includes all back fill material and
washed sand for pool area, etc) $57,000
Swimming Area (includes liner, concrete,
rebar, etc.) $68,000
Pool Equipment (includes filtration system,
docks, skimmers, etc.) $67,000
TOTAL $353,000
I feel that this project could receive a very high priority from
(LAWCON) because:
1. This would be Phase y of grants which were already approved.
2. It's location- near the Crow River.
3. The activity proposed for this grant rates extremely high
with SCORP, State Comprehensive Outdoor Recreation Plan.
klm
I -G
i
RESOLUTION NO. 7464
C�
RESOLUTION OF APPLICANT REVISING THE
FIVE -YEAR ACTION PLAN
WHEREAS, the Land and Water Conservation Fund Act ( LAWCON) and the
State Legislation Commission on Minnesota Resources (LCMR) provides for
grants to assist local public bodies in the acquisition and development
of outdoor recreation; and
WHEREAS, the Rules and Regulations for LAWCON and LCMR provides
criteria that applicaions must meet; and
WHEREAS, in order for the proposed project to be eligible for ap-
proval, there must be proof that it is part of a comprehensive outdoor
recreation plan and five -year action program (capitol improvement); and
WHEREAS, the City of Hutchinson has a revised five -year acition pro-
gram, which includes the Development of the Bass Pond and Phase IV of
West River Park.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
THAT the Mayor and Administrative Assistant are hereby authorized
and directed to execute and to file the five -year action program with
the State of Minnesota, Office of Local and Urban Affairs of the State
Planning Agency.
Adopted by the City Council this 26th day of July, 1983.
James G. DeMeyer
Mayor
ATTEST:
Gary D. Plotz
City Clerk
V— 6�.
tx ,
Optate Of ,�innegota, ......._c ty...... f Hutchinson
o ...................................................... - .............
..
Countyof. ...... Meeke. r ................... ............................_.. .4pplication No. .............................. ............ .....
Application for License to Sell Cigarettes at Retail
The undersiffned resident...... of the. ............. -.- ..... City ... .... ..... . .... ..... of.. Hutchinson
............................. ....o........... .................... ...,
in the county of..... ........._.Me. ekes ....................................... ., State of Minnesota, HEREBY' df✓IKE _..- .4PPLIC.4-
T70.1' FOR LICENSE to be issued to ............ Erickson... Foods..._ Znc. .................................................. ....... _ ................ .............
to sell ci6arettes and cigarette papers and wrappers at retail at ....... Erickson.. Hiq...."D." .....a.....Va,lu...Arug........
_F i r s t... an d.._H a s s an ..........................._.............................................._........-.................................................................................. ...............................
in the... .... ........ Ci.tg.................. Hutchinson
...-.,............ of .................................._ .................................... in Said county and state for the term of
..... ..._..- /!G.AY.`.....J`..i /nc�u+ beginninf with the.......:..._lst..__ ...... day of..._ August. ................... ........................._,
19.63 .., subject to the laws of the State of Minnesota and the ordinances and regulations of said
... ........... ....... itY.......................... of .... .... Hutchinson....._.. .._.........__..........._..... pertaining thereto, and herewith deposit
J/
.......... .................... .... in payment of the fee therefor.
Dated...._........I J' 7.� ...........................
Zell ............................. : ........ ........
...
RETAIL "OFF SALE" S75.00
15tate of fflinnentao
County of ...._..._.Mr_L_cQ.d_...-- - -- - -- ...- - -- ------- ....._. gb. tY_.. ........._ .............__.OF--- Hutchinson_ ...............
.._
I _
To the.....City Clerk City of Hutchinson,,,,,,,, „,
of the ........... . .
..................
................................... ......................... . . . . .. ..........................State of Minnesota:
i
Erickson Foods, Inc.
hereby appl ... ies.._for a license for the term of --------- _ 4_ m4at. hp.. ...... - .......... -...-__ ..... ...... . .....__.......- _._.......... -._
f 1st --- - -�U of._ ._August---- -----..._..- ... --_. 19 83_... to sell
rom the.._. ...._..._._........ -- -., ,
In Original Packages Only, Non - Intoxicating Malt Liquors,
as the same are defined by law, for consumption "OFF' those certain, premises in the ...._ ......................... ....... ....
__.._. _ CitY._......._- •- --- ---- ---• -- of Hutchinson
described as follows,
Erickson Foods, Inc. Erickson's Big "D” Supermarket
509 Second Street and Valu Drug
Hudson, WI 54016 - First S Hassan
Corporate Of ice Hutchinson, MN 55350
Storg Site " "
at which. place said applicant ......... operate._s ... the business of ...... Erickson..s...�ig.._ D___s Valu._Drug_ ......
--
and to that end represent.-P.--and state.a._as follows:
That said applicant- .- ........ _ _.- ..- .... ..__ - - -of the United States; of good moral character
and repute; and ha.:__....attained the age of 21 years; that -- -. .................... _ ------ .--- _--- ._.. proprietor ....... of the
establishment for which the license urill be issued if this application is jranted.
That said applicant..._- ..make.. - ._.this application pursuant and subject to all the laws of the State of
Minnesota and the ordinanem and rejulations of said ... ..... C- UY ........... .... ............... __applicable thereto, which
are hereby made a part hereof, and hereby ajree .... S..to observe and obey the same:
(R. Rat. oth.r >0q k. .U. If .a1. of 1..1 x Utj.nQ
Back applicant further states that he is not now the holder of, nor has he made application for, nor
does he. intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of
into.rieatinj liquor. .nom,
JUL F$3
P A.I D
C"YGfHurCtil1YS0tt
Dated.._ G / 19-1-3
Erickson Foods, Inc.
" A
pp—
P. D. dddrv4s —�ss5 9Y-L- dGct•.C( -571-
._-.—
q_� It'l t
0 RE_PAIIJ"0NSAi.E" 0
COUXTY OF_
To the..(74 ---- 610'6. d ... .. .. .......... . of the.... .. rl.; v ............... Of .... .........
............ .................. ............... ..... .. I ..... .. .. .. I.. � ----- I .... .. State of Minne?ota:
hereby appl .far a UZ n.86 for Ike ft r7a Of.
froMfh4._..__._31__.5}—_ ,� - - /- -- _' 19 tv to
Retail Only, Iron- Intoxicating Malt Liquors,
as the aame are dejined, by law, far "0,)"' 4"r c,eT-
_Of
dcscra'A as fo?zl,-,Vg, toU'Lf.-_. - __ -
at which plac said app?icant.. D, IuF_ aesj of
and to that end represent Sand sfcjejf. rs IoZjo•s:
That acid appZicant. of the Un ":rd Sfafez; of food r. ral r_7,. r�Z6r
and repute; and attained tht are of ?1 years; fhat - .. ....... __.__ ... I- pMpric!Gr____'Df the
establishment for which the license wall be issued if this application is granted.
That aomcn,ujactur,,r Of such nor_." ,&a-ia tint malt liquors has any ou,,acrahip, in whale 07 L, part,
In said bu,sinczs of said applicant --or any interest therein;
That said a,n;,T canon pursuant and subject to all the la-Irs of the St4td Of
Afinn.nsota, and the ore'--inaacz-a and regulations of said...-
-
applicable thereto, which are hereby m,--de a part hereof, and hereby agree-,.-Jo observe and agcy the s--T";
(r-, ', Lf . . of I--, --cr�')
Each appZZcant farther xf-_4" that he is not nax the haldcr Of, nag has 1u made oTT!'caHon for, nor
does he intend to make application for a Federal FrtaiZ D-alzr's Special IcLx stamp for the sale Of
tn.lariaa.+a.ng liquor.
Dated 7-2z . IPA�L
P. 0, Jddrft P/
(612) 587.5151
OF N. UTCHINSO/N
CWHUTCHINSON, 37 WASHING TON AVENUE WEST
MINN. 55350
M E M O R A N D U M
DATE: July 20, 1983
TO: Hutchinson City Council
FROM: Planning Commission
SUBJECT: Variance Request _ Eugene Havelka
Pursuant to Section 6.07, B.3, of Zoning Ordinance No. 464, the Hutchinson
Planning Commission is hereby submitting its findings of fact and
recommendation with respect to the aforementioned request for a variance.
HISTORY
On June 3, 1983, a request was submitted by Mr. Eugene Havelka for a variance
to allow a 3` sideyard setback reduction for the construction of a garage on
the property located at 550 South Franklin St. The garage will replace an
existing garage that now sits 1.5' from the property line. A public hearing
was held at the regular meeting of the Planning Commission on July 199 1983,
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee paid.
2. Notices were mailed to the surrounding property owners as well as
published in the Hutchinson Leader on Thursday, July 71 1983.
3• It was the consensus of the Planning Commission that the applicant did not
show any hardship that would result from meeting the 6' sideyard setback
requirement. If there was a hardship, the applicant should bring that
information to the City Council meeting.
RECOMMENDATION
It is the recommendation of the Planning Commission that the variance request
be denied, as no hardship has been shown.
Respectfully su witted,
�rry Roo, Chairman
tchinson Planning Commission
12) 587 -5151
FY or= HUYCAIMS01v
1SHING TON A VENUE WEST
1NSON, MINN. 55350
M E M O R A N D U M
DATE: July 20, 1983
TO: Hutchinson City Council
FROM: Planning Commission
SUBJECT: Conditional Use Permit — Merlin Eggersgluess
Pursuant to Section 6.07, C.S, of Zoning Ordinance No. 464, the Hutchinson
Planning Commission is hereby submitting its findings of fact and
recommendation with respect to the aforementioned request for a conditional
use permit.
HISTORY
On June 16, 1983, a request was submitted by Mr. Merlin Eggersgluess for a
conditional use permit to allow the moving in of a 14+ by 20 garage to the
right of existing garage on the property located at 945 Luedtke Lane. A public
hearing was held at the regular meeting of the Planning Commission on July 19,
1983, at which time there was no one present who objected to the request.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee paid.
2. Notices were mailed to the surrounding property owners as well as
published in the Hutchinson Leader on Thursday, July 7, 1983.
3. The proposal is in conformance with the requirements of a conditional use
permit.
RECOMMENDATION
It is the recommendation of the Planning Commission that the conditional use
permit be approved.
Respectfully s yw�ji�'t ,
�ted
arry Rom6, Chairman
Tutchinson Planning Commission
r�
RESOLUTION NO. 7458
•
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 6.07, C.5 OF ZONING ORDINANCE NO. 464 TO ALLOW
MOVING IN A GARAGE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
FINDINGS
1. Mr. Merlin Eggersgluess of Hutchinson, Minnesota has made application to
the City Council for a Conditional Use Permit under Section 6.07, C.5 of Zoning
Ordinance No. 464 to allow the moving in of a 14' by 24' garage to the right of
an existing garage on the property located at 945 Luedtke Lane, with the legal
description:
Lot 8 and Lo-- 7, excepting therefrom the following described tract,
to -wit: that part of Lot 7 lying Easterly of a line, said line described
as beginning at a point on the North line of said Lot 7, distant 10 feet
Westerly of the Northeast corner of said Lot 7; thence Southwesterly to
a point on the South line of said Lot 7, distant 35 feet Westerly of the
Southeast corner of said Lot 7, and said line there terminating, all in
"Johnson's Court"
2. The City Council has considered the recommendation of the Planning Com-
mission . and the effect of the proposed use on health, safety, and welfare of the
occupants of the surrounding lands,: existing and anticipated traffic conditions,
and the effect on values of properties in the surrounding area and the effect of
the use of the Comprehensive Plan.
3. The Council has determined that the proposed use will not be detrimental
to the health, safety, or general welfare of the community nor will it cause serious
traffic congestion nor hazards, nor will it seriously depreciate surrounding property
values, and the proposed use is in harmony with the general purpose and intent of
the Zoning Ordinance and the Comprehensive Plan.
rnNCTdTSTON
The application for Conditional Use Permit for the purpose designated is
granted based upon the findings set forth above.
Adopted by the City Council this 26th day of July, 1983.
ATTEST:
Kenneth B. Merri
Asst. City Clerk
James G. DeMeyer
Mayor
(612) 587- 5151 -- - -
11UiCH 17 N OF ; a U i -C: i 4 I 1111; Q rtt!
j 37 WASHINGTONAVENUE (WEST
f HUTCHINSO`\' N INN 55350
M E M O R A N D U M
DATE: July 20, 1983
TO: Hutchinson City Council
FROM: Planning Co =ission
SUBJECT: Conditional Use Permit - Pure Culture Products
Pursuant to Secticn 6.07, C.5, of Zoning Ordinance No. 464, the Hutchinson
Planning Commission is hereby submitting its findings of fact and
recommendation with respect to the aforementioned request for a conditional
use permit.
HISTORY
On June 30, 1983, a request was submitted by Pure Culture Products for a
conditional use permit to allow the installation of a product storage tank on
the property located at 35 Adams St. North. A public hearing was held at the
regular meeting of the Planning Commission on July 19, 1983, at which time
there was no one present who objected to the request. Fire Marshal George
Field was present to explain that he was still waiting for notification from
the PCA stating the emissions from Pure Culture Products were acceptable and
of no harm to the public. It was his opinion that the request be contingent
upon a statement from the PCA stating such.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee paid.
2. Notices were mailed to the surrounding property owners as well as
published in the Hutchinson Leader on Thursday, July 7, 1983.
3. The proposal is in conformance with the requirements of a conditional use
permit.
RECO?�:ENDATION
It is the recommendation of the Planning Commission that the conditional use
permit be approved contingent upon DNR approval and a statement from the PCA
indicating emissions are acceptable.
Respectfully ubmitted,
i lZ2. 17)1)t
Larry Aomo, Chairman
Hutchinson Planning Commission
L
RESOLUTION NO. 7459
11
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 6.07, C.5 OF ZONING ORDINANCE NO. 464 TO ALLOW
INSTALLATION OF A PRODUCT STORAGE TANK
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
FTNDTNGS
1. Pure Culture Products of Hutchinson, Minnesota has made application to the
City Council for a Conditional Use Permit under Section 6.07, C.5 of Zoning Ordinance
No. 464 to allow the installation of a product storage tank on the property located
at 35 Adams Street North, with the legal description:
Lot 3, Block 46, North Half City of Hutchinson
2. The City Council has considered the recommendation of the Planning Commis-
sion and the effect of the proposed use on health, safety, and welfare of the occu-
pants of the surrounding lands, existing and anticipated traffic conditions, and
the effect on values of properties in the surrounding area and the effect of the
use of the Comprehensive Plan.
3. The Council has determined that the proposed use will not be detrimental
to the health, safety, or general welfare of the community nor will it cause serious
traffic congestion nor hazards, nor will it seriously depreciate surrounding property
values, and the proposed use is in harmony with the general purpose and intent of
the Zoning Ordinance and the Comprehensive Plan.
CONCLUSION
The application for Conditional Use Permit for the purpose designated is
granted based upon the findings set forth above, contingent upon approval from the
Department of Natural Resources and a statement from the Pollution Control Agency
indicating emissions are acceptable.
Adopted by the City Council this 26th day of July, 1983.
ATTEST:
Kenneth B. Merrill James G. DeMeyer
Asst. City Clerk Mayor
9 —"7nj
(612) 587 -5151
37 WASHING ION AVENUE WEST
HU7CHIN30% MILAN. 55350
M E M O R A N D U M
DATE: July 20, 1983
TO: Hutchinson City Council
FROM: Planning Commission
SUBJECT: Variance Request - George's Food and Fuel
Pursuant to Section 6.07, B.3, of Zoning Ordinance No. 464, the Hutchinson
Planning Commission is hereby submitting its findings of fact and
recommendation with respect to the aforementioned request for a variance.
HISTORY
On June 20, 1983, a request was submitted by George M. Thelen for a variance
to allow the elimination of the landscape area in front of the business and to
convert it to blacktop parking spaces on the property located at 600 Adams
Street. A public hearing was held at the regular meeting of the Planning
Commission on July 19, 1983.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee paid.
2. Notices were mailed to the surrounding property owners as well as
published in the Hutchinson Leader on Thursday, July 7, 1983.
3. It was the consensus of the staff that applicant should follow plans as
originally presented.
RECOM!iIENDATION
It is the recommendation of the Planning Commission that the variance be
denied.
Respectfully-spbmitted,
rry mo, Chairman
tchinson Planning Commission
9 -,,;�V,
w
(612) 587.5151
( Cl1'Y OF HUTCHINSON
37 WASHING TON AVENUE WEST
HUTCHINSOk MINN. 55350
M E M O R A N D U M
DATE: July 20, 1983
TO: Hutchinson City Council
FROM: Planning Commission
SUBJECT: Preliminary and Final Plat for Mac's Bluff Addition
Pursuant to Section 3.20 of Zoning Ordinance No. 464, the Hutchinson Planning
Commission is hereby submitting its findings of fact and recommendation with
respect to the aforementioned request for preliminary and final plat.
HISTORY
On July 1, 1983, an application was submitted by Anthony Macbtemes for a
preliminary and final plat to be ;mown as Mac's Bluff Addition. A public
hearing was held at the regular meeting of the Planning Commission on July 19,
1983, at which time there was no one present who objected to the request.
Some residents of the area were present with questions answered by City
Engineer Priebe.
FINDINGS OF FACT
1. The required application and plat maps were submitted and the appropriate
fee paid.
2. Notices were mailed to the surrounding property owners as well as
published in the Hutchinson Leader on Thursday, July 7, 1983.
3. City Engineer Priebe explained the request and stated that he felt it met
all the necessary requirements.
RECOMMENDATION
It is the recommendation of the Planning Commission that the preliminary and
final plat be approved as presented. This approval is subject to the
approval of annexation due to be heard August 4, 1983 at 10:00 A. M.
Respectfully submitted,
Larry Rome, Chairman
Hutchinson Planning Commission
-/ (612) 587 -5151
ci Y OF HU T CHlivsON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O
DATE: July 6, 1983
TO: Planning Commission and
city council
FROM: Director of Engineering
RE: Engineer's Report
Mac's Bluff Addition
I have reviewed the Preliminary and Final Plat for the above - referenced
subdivision and find it meets all requirements of the City Ordinance.
The proposal conforms to the preliminary layout for the total 40 acres as
previously presented.
The proposed sanitary sewer, watermain, storm sewer and street grades have been
reviewed and found satisfactory.
I recommend approval subject to annexation of the land into the City and the
appropriate Subdivision Agreement being executed.
MVP /pV
77 W21
Marlow V. Priebe
Director of Engineering
r-
• •
RESOLUTION NO. 7460
RESOLUTION GIVING APPROVAL OF PRELIMINARY AND FINAL PLAT
FOR MAC'S BLUFF ADDITION
WHEREAS, Mr. Anthony Machtemes of Franklin, Minnesota, owner and subdivider of
the land proposed to be platted as Mac's Bluff Addition, has submitted his appli-
cation for approval of preliminary and final plat of said subdivision in the man-
ner required for platting of land under the Hutchinson Ordinance Code, and all
proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City Plan and the
regulations and requirements of the Laws of the State of Minnesota and the ordi-
nance of the City of Hutchinson and
WHEREAS, said plat is situated upon the following described lands in McLeod
County, Minnesota, to -wit;
That part of Lot 7 of the Auditor'siPlat of the South Half of Section 30
and the North Half of Section 31, tbwnship 117 North, Range 29 West,
described as follows: Beginning at the southwest corner of said Lot 7;
thence North, assumed bearing, along the west line of said Lot 7, a dis-
tance of 234.89 feet; thence East 165.00 feet; thence South 15.65 feet;
thence East 65.29 feet; thence North 51 degrees 14 minutes 12 seconds East
65.59 feet; thence South 38 degrees 45 minutes 48 seconds East 101.56 feet;
thence North 51 degrees 14 minutes 12 seconds East 6.81 feet; thence South
38 degrees 45 minutes 48 seconds East 211.07 feet to the south line of said
Lot 7, thence South 87 degrees 31 minutes 51 seconds West, along said south
line, 482.93 feet to the point of beginning, County of McLeod, State of
Minnesota.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
1. That said plat of Mac's Bluff Addition is hereby approved and accepted by
the City as being in accord and conformity with all ordinances, City plans and reg-
ulations of the City of Hutchinson and the laws of the State of Minnesota.
2. That the City Clerk is hereby directed to file a certified copy of this
resolution in the office of the County Recorder for their use as required by M.S.A.
462.358(3).
BE IT FURTHER RESOLVED THAT such execution of the certification upon said plat
by Mayor and City Clerk, as required, shall be conclusive showing of proper com-
pliance therewith by the subdivider and City officials charged with duties above
described and shall entitle such plat to be placed on record forthwith without fur-
ther formality, subject to approval of annexation.
Adopted by the City Council this 26th day of July, 1983.
Kenneth B. Merrill
Asst. City Clerk
James G. DeMeyer
Mayor q_o-
(612) 587 -5157
'fTarcH,' i Y 0 f r U f Co :':` AI SON
37lh�ASN)NO TON AVENUE WEST
NUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: July 20, 1983
TO: Hutchinson Citv Council
FROM: Planning Commission
SUBJECT: Variance Request - Charles & Jacqueline Miller
Pursuant to Section 6.07, B.3, of Zoning Ordinance No. 464, the Hutchinson
Planning Commission is hereby submitting its findings of fact and
recommendation with respect to the aforementioned request for a variance.
HISTORY
On July 1, 1983, a request was submitted by Charles & Jacqueline Miller for a
variance to allow the reduction of the sideyard setback from 61 to 41 for the
purpose of installing a below grade swimming pool on the property located at
486 Shady Ridge Road. A public hearing was held at the regular meeting of the
Planning Commission on July 19, 1983, at which time there was no one present
who objected to the request.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee paid.
2. Notices were mailed to the surrounding property owners as well as
published in the Hutchinson Leader on Thursday, July 7, 1983.
3. It was the consensus of the Planning Commission that following the 6'
setback requirement would cause a considerable hardship due to utility
lines having to be moved. It was also pointed out that this is a below -
grade structure.
RECOMMENDATION
It is the recommendation of the Planning Commission that the variance be
approved as requested.
Respectfully su ittted,
JarrRomo Chairman
Hson Planning Commission
9- p-''
0
RESOLUTION NO. 7461
0
RESOLUTION GRANTING VARIANCE FROM SECTION 6.07, B.3 OF THE
ZONING ORDINANCE NO. 464 TO ALLOW SIDEYARD SETBACK
FOR INSTALLING A BELOW GRADE SWIMMING POOL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
FTN➢TNGS
1. Mr. & Mrs. Charles Miller of Hutchinson, Minnesota have applied for a
variance from Section 6.07, B.3 of the Zoning Ordinance No. 464 for a variance
to allow the reduction of the sideyard setback from six feet to four feet for the
purpose of installing a below grade swimming pool on the property located at 486
Shady Ridge Road, with the following legal description:
Lot 7,.Block 1, Clark's First Addition, City of Hutchinson
2. The Planning Commission has reviewed the application for a variance and
has recommended to the City Council that the application be granted.
3. The Council has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, existing and anticipated traffic con-
ditions, light and air, danger of fire, risk to the public safety, and the values
of property in the surrounding area and the effect of the proposed variance upon
the Comprehensive Plan.
4. Because of conditions on the subject property and on the surrounding
property, it is possible to use the subject property in such a way that the pro-
posed variance will not impair an adequate supply of light and air to adjacent
property, unreasonably increase the congestion in the public streets, increase the
danger of fire, endanger the public safety, unreasonably diminish or impair health,
safety, comfort, morals, or in any other aspect be contrary to the intent of the
ordinance and the Comprehensive Plan.
5. The special conditions applying to the structure or land in question are
peculiar to such property or immediately adjoining property and do not apply gen-
erally to other land or structures in the district in which such land is located.
6. The granting of the application is necessary for the preservation and en-
joyment of a substantial property right of the applicant. It will not merely serve
as a convenience to the applicant, but is necessary to alleviate demonstrable hard-
ship or difficulty.
CONCLUSION
The application for variance for the purpose designated is granted based
upon the findings set forth above.
9 -$.z
RESOLUTION NO. 7461
PAGE 2
Adopted by the City Council this 26th day of July, 1983.
James G.eMeyer
May r
ATTEST:
Kenneth B. Merrill
Asst. City Clerk
40 0
To:
FROM:
SUBJECT
(672)d%9-G477
37 1�'ASi�INGTON Av�NUE VVES7
urcvtNSON, MINN. 55350
M E M O R A N D U M
DATE: July 20, 1983
Hutchinson City Council
Planning Commission _ _ _ _ _ _ _
Complaint about Dog Kennel at 574 Madsen =Avenue
A complaint about a dog kennel located at 574 Madsen Avenue was
brought to the attention of the Planning Commission at their
regular meeting on July 19, 1983.
After discussion, it was the recor,mendation of the Planning
Commission that the City Council and Hutchinson Police
Department review the complaint to determine if there has
been a violation of the zoning ordinance, or if the matter
should be dealt with as a public nuisance.
Specifically, those stating the complaint claim that there
are as many as 11 dogs in the kennel at one time (two adult
dogs and their litter). There is a lot of noise, vulgar
language and offensive odors.
cc: Hutchinson Police Department
POLICE DEPARTMENT
MEMORANDUM
•
DATE July 22, 1983
TO Sgt. Gregor and Hutchinson City - Council
FROM CSO Bakken
SUBJECT Complaint about Dog Kennel at 574 Madson Avenue
In reviewing the complaint about the dog kennel located at 574 Madson
Avenue, the owner is in violation of the City Zoning Ordinance 8.03 R -2
Multiple Family Residence District, under Particular Home Occupations Prohibited
X14 which reads, permitted home occupations shall not in any event be deemed to
include; 114 stables, kennels, animal grooming or veterinary hospitals.
In checking zoning rules and definitions, appendix I, page 4, #15 Dog
Kennels is defined as; Dog Kennel, any premises where three or more dogs, over
four months of age, are owned, boarded, bred, and /or offered for sale.
On 7 -22 -83 the owner of the dogs was served with a copy of the ordinance;
and given a week to remedy the problem or he will be issued a citation.
9�
S.02 P._1 S!`Q4 FAA IIY R6..`'.IKVE DISTRIC1
Pliii "OSE
The R -I i,.Sm.'n U:s'flin ix intLn0d to provide rvoidential areas
for the derelupmrnt of siog!v fami1) h_Tus on larger parceIs of Iand.
The purpnse of this district in part is to permit a concentration of
single family dwellings in areas where appropriate reservations for
open space have been established th o:gh the existing land use pat-
terns.
PERMITTED PRINCIPAL USES
The following uses are permitted, as regulated herein, without spec-
ial application requirements or conJitions attached:
Single Family detached dwellings
Public or quasi- public park and playgrounds; community /neigh-
borhood centers
Public Mdin.ments
Houses of Worship and Associates Staff Facilities
Foster Family Home or Family Day Care Home of 5 or less._children
Group Havre or Foster Homes serving 6 or less mentally retarded
or physically handicapped persons.
CONDITIONAL PERMITTED USES
The following uses are permitted only subject to the issuance of a
Conditional Use Permit as stipulated in Section 6.07.
Public or quasi - public facilities or philanthropic or charit-
able institutions.
Cluster housing, detached or attached, townhouse developments
with a maximum of five unit groups. More than five (5) unit
groups will be subject to Section 8.10 Planned Development
District. Golf courses and clubhouse facilities, but not to
include "miniature golf" operations.
Any structure including accessory structures, for which a moving
permit is requested except any building not exceeding eight (8)
feet in width or twelve (12) feet in length and not being over
ten (10) feet in height, which are exempt from moving permits but,
require a building permit.
ACCESSORY USES
The following uses are permitted only when auxiliary to a principal
use permitted above; they may not exist as principal uses in their
own stead:
Garage structures sufficient to house one vehicle per dwelling
unit for multiple dwellings
Homeowner .Association or rental unit recreational and service
facilities and structures
One to three car garages for vehicle and equipment storage only;
car port
. a` • 47 •
0
Swirming pools or g:;Te courts d �i -hed for exclusive use of
occupants of the principal use only if designed with approp-
riate safety features to reason.ibl.`. void accidents `
Gazebo or summer ]Lawn- house; yard recreational equipment
Parking, as regulated in Section 10
Signs, as regulated in Section 10
Utility building (i.e.) recreational and maintenance equip;-dent
structure not exceeding 120 square feet
DIMENSIONAL REGULATIONS
Building height, lot area, bulk and yard setback requirements shall
be those set forth in Section 9, TABULATION OF DI "`NSIONAL A-ND SPEC-
IAL REQUIRE'! =SIS FOR ZONING D1SrRICTS
SPECIAL DISTRICT PROVISIONS
Prohibiting storage and dispensing of flammable and combustible liq-
uids above and below ground from fixed equipment into fuel tanks and
motor vehicles.
8.03 R -2 MULTIPLE FA14ILY RESIDENCE DISTRICT
PURPOSE
The R -2 RESIDENCE DISTRICT is intended to provide areas offering a
broad development range in housing units, yet retain the environment
and character of less intensive residence areas through carefully
established bulk and lot area requirements. Well designed townhouse
projects and low density garden type apartments would be examples of
appropriate uses in the R -2 distict.
The following uses are permitted, as regulated herein, without spec-
ial application requirements or conditions attached:
Single Family detached dwellings
Two family attached dwellings, duplexes, double bungalows
Public or non - profit quasi - public libraries, museums and
art exhibition centers
All uses as Principle Permitted Uses in the R -1 District
CONDITIONAL PERMITTED USES
The following uses are permitted only subject to the issuance of a
Conditional Use Permit as stipulated in Section 6.07.
Licensed day care centers; licensed nursing hones
Private clubs, Lodges and Fraternal organizations
Public or quasi - public accredited educational institutions
Mortuaries or funeral homes; cemeteries or memorial gardens
Transportable or experimental single family detached housing
All uses as conditional uses in R -1 district_
Any structure, including accessory structures, for which a moving
permit is requested except any building not exceeding eight (8) feet
in width or twelve (12) feet in length and not being over ten (10)
feet in height which are exempt from moving permits but, require a
building permit.
-48-
9
ACCL-SSORI' USES
The following uses are permitted only then auxiliary to a principal
use permitted above; they ray not exist as principal ices in their
c),n stead:
Accessory uses as listed in the R -1 Residence District
Enclosed equipment and iehicle storage areas for non - residential
uses (subject to acceptable materials and design)
tiny accessory use, building or strociure cu to arlly incidental
to a use permitted above, and located on the a;ne lot therewith.
Parking and loading facilities as regulated in Section 10.02.
Signs as regulated in Section 10.05.
DIMENSIONAL REGULATION'S
Building height, lot area, bulk and yard setback requirements shall
be those set forth in Section 9, TABULATION OF DIMENSIONAL AND SPEC-
IAL REQUIRE ?ENTS FOR ZONING DISTRICTS.
SPECIAL DISTRICT PROVISIONS
Home occupations, as defined in Section 4, such as personal and pro-
fessional services, handicrafts, dressmaking or tailoring, artistic
or food crafts, provided that no more than 25 of the livable floor
area of said residence shall be used for such purposes. All home
occupations shall be subject to the following conditions:
1. No unreasonable use of materials or mechanical equipment not
recognized as being part of and compatible with normal house-
hold use shall he permitted.
2. The use shall not generate pedestrian or vehicular traffic be-
yond that reasonable or normal to the district in which located.
3. It shall not involve the unreasonable or inappropriate use of
coramercial vehicles for delivery of occupational materials to
or from the premises.
4ONo accessory building or space outside of the principal building
shall be exclusively used for such purposes.
S. No special space within the principal building shall be design-
ed or arranged for such use so that it would require any major
internal or external alterations or involve construction features
not customary to dwellings (either by color, materials, or con-
struction, lighting, sound or noise, vibration, or electrical
interference, etc.)
SM
e
6. •There shall he no use of utilities or community facilities bc)ond
that reasonable to the use of the property for residential purposes.
7. No employees, other than occupants of the principal use, shall be
permitted.
PARTICULAR HOME OCCUPATIONS PROHIBITED
Permitted home occupations shall not in any event be deemed to include:
1. Barber shops or beauty parlors
2. Funeral homes
3. Restaurants
0 Stables, kernels, animal grooming or veterinary hospitals.
S. Nursery schools, day care centers or boarding homes for children
Prohibiting storage and dispensing of flammable and combustible liquids
above and below ground from fixed equipment into fuel tanks and motor
vehicles.
5.09 R -3 !MULTIPLE F.k %IILI' RESIDENCE DISTRICT
PURPOSE
The R -3 RESIDENCE DISTRICT defines areas for the development of mediwn
to high density multiple dwelling structures. It is intended that
areas zoned with the R -3 classification permit the most intensive resi-
dential development ::here the demand for housing availability is the
greatest, subject to the district provisions stated herein. The char-
acter of the R -3 District should remain essentially residential, how-
ever, provision is made for permitting related recreational and pro-
fessional service facilities, subject to conditional permit controls.
PERMITTED USES
The following uses are permitted as regulated herein, without special
application requirements or conditions attached:
Apartments, multiple family dwellings
Uses listed as permitted uses in the R -2 District
CONDITIONAL PERMITTED USES
i
The following uses are permitted only subject to the issuance of a
Conditional Use Permit as stipulated in Section 6.07.
t
Neighborhood medical /dental clinics and offices, subject to
maximum gross floor area of 5,000 square feet.
-s0-
!,y_.,
r- 4
L�e erection, consthictio.- dl?crat_on OT
:ainten_nce by public lltili t'es, or i.ti LiCi :•al, or other eowerrS:ental
a:enc`_es, of underE_ound or overhead yes, electrical, stEam or watET
r_rs,-assion or distribution syst.eir.s;collection, ccTsiunication, supply
or d= sposal systems, including poles, wires, rains, drains, sewers,
pipes, co *,lulls, cables, fire al =rm hxes, police call fixes, traffi
Sa dT,dls, hydrants CT other similar e '.+i pr.. ent and 'accessories in con -unc-
tion 'herewith, but not including b.rldines reasonably necessary for the
f-.rr:'_s: ^. -':g of adegtiate service by such aEencies.
C , Dy g Ke nel: Any prerises w] ere three (3) or --ore ^dcas, over four (4)
,- ontl.s of _He �_re cwned, tc: f.ed, bred, _ndjor offered for sale,
15. pwelling: A building or portion thereof, occupied or intended to be
occupied exclusively for residence purposes, but not including rooms in
:otels, hotels, nursing homes, rooming horses or tourist hones; or a
trailer, tent, cabin or trailer coach.
17. Family: One or more persons each related to the other by blood, marriaSe
or adoption, or a group of not more than four (4) persons not all so
related ,-- a'intaining a cornon house hold and using common cooking and
kitchen facilities.
18. Floor Area: (For the purposes of determining the floor-area-ratio
conversions of existing s_ructures and ':axis' m. size of b':sir,ess e5;,ablisf:ir,enis.)
The s of the zr,ss hor'^.ontal area of the various floors of a building
easured in soaare £eel and fmm the exterior walls in each case; cellars
and space devoted to off - street oaring shall not be included.
19• Floor Area: (For the purpose of determining off - street parking and off-
street loading reouirenents.) The sum of the gross horizontal floor
area of the various floors of a building measured in square feet and
Iron„ '-:side walls; area devoted p r_- :arily to storage, o£f- street parking
and /or lcad'<r.g shall '..e excluded.
20, Floor Area Patio: The nas,erical value obtained through dividing the dross
floor area of a building or buildings by the net lot area on which such
building or buildings are located.
21. -&raze - Private: A detached accessory building or portion of the princi-
pal "ouild''ng, including a car port, which 's used for storing passenger
vehicles or trailer of the occupant and /or one truck. Space to store
up to two (2) vehicles may be rented to a non- occupant of the principal
building.
22, Ground Floor Area: The lot area covered by a building measured from the
exterior faces of exterior walls but excluding open terraces, porches and
garages.
23. home hobby Shop: An accessory use for a dwelling in which residents
engage in recreational activities and from which no revenue shall be derived
except where such hobby conforms to and is classified as a hone occupat'i'on.
)L r' •
MINUTES
HUTCHINSON PLANNING COMMISSION
TUESDAY, JULY 19, 1983
CALL TO ORDER
FOR YOUR INFORMATION
The regular meeting of the Hutchinson Planning Commission was called to
order by Chairman Larry Romo at 7:30 P.M., with the following members
present: Ted Beatty, Elsa Young, Don Erickson, Shu -Mei Hwang, Tom Lyke
(8:10 P.M.), and Chairman Romo. Members Absent: Roland Ebent. Also
present: City Engineer Marlow V. Priebe, Fire Marshal George Field and
City Attorney James Schaefer (8:25 P.M.).
2. MINUTES
The minutes of the regular meeting dated Tuesday, June 21, 1983, were
approved as presented on a motion by Mr. Erickson. Seconded by Mr.
Beatty, the notion carried unanimously.
3. PUBLIC HEARINGS
(a) CONSIDERATION OF A REQUEST FOR A VARIANCE AS SUBMITTED BY EUGENE
HAVELKA
Chairman Romo opened the hearing at 7:31 P.M. with the reading of
publication No. 3093 as published in the Hutchinson Leader on
Thursday, July 7, 1983.
The request is for a variance to allow the construction of a 24' by
24, garage 3' from the sideyard property line on the property located
at 550 Franklin Street South. The garage will replace present garage
which now stands 1.5' from the property line.
City Engineer Priebe explained that the staff recommended approval of
the request based on the fact that the owner is making the situation
better with the 3' reduction rather than the 4.5' reduction that now
exists. He also stated that he thought the garage doors will face
the west. At the present time the garage doors face the south.
Discussion revealed that if the 6' setback were met, the garage would
be in line with the house. There was no one present to state any
hardship caused by meeting the 6' setback.
Mr. Erickson made a motion to close the hearing at 7:37 P.M.
Seconded by Mr. Ebent, the motion carried unanimously.
Mrs. Young made a motion to recommend to City Council that the
request for the variance be denied, as there was no hardship to the
applicant shown. Seconded by Mr. Beatty, the motion carried
unanimously. The secretary was instructed to contact the applicant
with the decision and inform him that if he has any further
information that would reveal a hardship, he should appear before
Council at the next meeting.
(b) CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT SUBMITTED BY
MERLIN EGGERSGLUESS
Chairman Romo opened the hearing at 7:40 P.M. with the reading of
publication #3094 as published in the Hutchinson Leader on July 7,
1983.
The request is for a conditional use permit to allow the moving in of
a 141 by 24' garage which will be placed to the right of existing
garage on the property located at Route 3, 945 Luedtke Lane.
Mr. Eggerslguess was present to explain the request. The moved -in
structure has been painted and situated so that it conforms with the
rest of the buildings on the property. City Engineer felt that if
the building were to be used for storage only, it should be moved to
the rear of the property. Mr. Eggersgluess responded that he
intended to use it also as a single car garage.
After discussion, Mr. Beatty made a motion to close the hearing at
7:44 P.M. Seconded by Mrs. Young, the motion carried unanimously.
Mr. Beatty made a motion to recommend to City Council approval of the
conditional use permit as requested. Seconded by Mrs. Young, the
motion carried unanimously.
(c) CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT AS SUBMITTED
BY PURE CULTURE PRODUCTS
Chairman Romo opened the hearing at 7:45 P.M. with the reading of
publication #3095 as published in the Hutchinson Leader on Thursday,
July 7, 1983.
The request is for a conditional use permit to allow the installation
of a product storage tank on the property located at 35 Adams St.
The request is necessary because the property is located in an IC -1
zone.
City Engineer Priebe explained the request. Fire Marshal Field
explained that he felt Pure Culture Products should submit the
findings of the PCA stating that the emissions from Pure Culture
Products are not harmful to the public. Fire Marshal Field is the
one who takes the complaints from the public about the foul odor and
feels he needs this statement to respond to them. Mr. Rainwater,
manager of Pure Culture Products, has promised to submit such a
statement, but as yet has not done so.
After disuussion, Mr. Erickson made a motion to close the hearing at
7:49 P.M. Seconded by Mr. Beatty, the motion carried unanimously.
Mr. Erickson made a motion to recommend to City Council approval of
the conditional use permit as requested, contingent upon DNR approval
and receipt of a statement from the PCA stating there is no harmful
effect caused by the emissions from Pure Culture Products. Seconded
by Mr. Beatty, the motion carried unanimously.
0
0
(d) CONSIDERATION OF A REQUEST FOR A VARIANCE AS SUBMITTED BY GEORGE
THELEN dba GEORGE'S FOOD AND FUEL
Chairman Romo opened the hearing at 7:50 P.M. with the reading of
publication #3097 as published in the Hutchinson Leader on Thursday,
July 7, 1983.
The request is for a variance to allow the elimination of the
landscape area in front of the business and to convert it to blacktop
parking spaces on the property located at 600 Adams St. S.
City Engineer was prent to explain staff's recommendation to
require adherance tGAordinance requiring landscape area in the front
of the business.
Following discussion, Mrs. Young made a motion to close the hearing
at 7:55 P.M. Seconded by Mr. Erickson, the motion carried
unanimously.
Mr. Beatty made a motion to recommend to the City Council that the
request for the variance be denied. Seconded by Mr. Erickson, the
motion carried unanimously.
(e) CONSIDERATION OF REQUEST FOR PRELIMINARY AND FINAL PLAT AS SUBMITTED
BY ANTHONY MACHTEMES
Chairman Romo opened the hearing at 7:56 P.M. with the reading of
publication #3096 as published in the Hutchinson Leader on Thursday,
July 7, 1983.
The request is for the purpose of platting a parcel of property to be
known as Mac's Bluff Addition. City Engineer Priebe was present to
answer any questions about the plat, as was Mr. Machtemes, applicant.
Mr. Gerald DeLeeuw of 815 Spruce Street was present to ask questions
about the proposed plat. His questions were regarding property
abutting plat, and how drainage water would be handled. Mr. Priebe
explained that with storm sewer lines that would developed along with
plat and with the County tile, drainage should be adequately handled.
Mr. Beatty mentioned he had been questioned about what would happen
to trees in the area. Mr. Priebe explained that those trees needed
to be removed for building on the property would probably be removed,
but those near the property line would probably be left.
Mr. Erickson made a motion to close the hearing at 8:09 P.M.
Seconded by Mr. Beatty, the motion carried unanimously.
Mr. Beatty made a motion to recommend to the City Council approval of
the preliminary and final plat as proposed. Seconded by Mr.
Erickson, the motion carried unanimously.
NOTE: This request is subject to approval of annexation due to be
heard August 4, 1983.
(f) CONSIDERATION OF A REQUEST FOR A VARIANCE AS SUBMITTED BY CHARLES AND
JACQUELINE MILLER
Chairman Romo opened the hearing at 8 :10 P.M. with the reading of
publication 43098 as published in the Hutchinson Leader on Thursday,
July 7, 1983.
The request is for a variance to allow the reduction of the sideyard
setback from 6' to 4' for the purpose of installing a below grade
swimming pool on the property located at 486 Shady Ridge Road. The
location of the pool is necessary because of underground utility
lines already in place.
Mr. Tom Barrick was present to represent the applicant. He explained
that in order to meet the sideyard setback requirements, utility
lines for some distance would have to be moved. City Engineer
pointed out that the staff recommendation was based on the fact that
the structure was below grade.
After discussion, Mr. Beatty made a motion to close the public
hearing at 8 :15 P.M. Seconded by Mrs. Young, the motion carried
unanimously.
Mrs. Young made a motion to recommend to City Council approval of the
variance as requested. Seconded by Mr. Beatty, the motion carried
unanimously.
4. Old Business
None.
5. New Business
(a) REVIEW OF COMPLAINT ABOUT DOG KENNEL AT 574 MADSEN
Mr. and Mrs. Dale Miller of 583 Milwaukee Ave. were present to
explain their complaint about a dog kennel located at 574 Madsen Ave.
Mr. and Mrs. Miller claim that there are as many as 11 dogs in the
kennel at one time. It appears the owner is raising the dogs and
selling the pups. There have been two large litters since November
of last year. The dogs make a lot of noise and there is an offensive
odor coming from the kennels.
City Engineer Priebe explained that staff has been unable to find in
the zoning ordinance any regulations relating to the complaint.
After discussion, Mr. Erickson made a motion to recommend to the City
Council that they review the complaint and investigate what can be
done about it. Seconded by Mr. Beatty the motion carried
unanimously.
� i
0 •
(b) REVIEW OF REQUEST TO RESPOND TO POSSIBLE REZONING
City Engineer Priebe explained that he had received a request about
possibly rezoning a lot to R -4 to allow the moving in of a mobile
home. It was his opinion that this would be " spot zoning " and
should be avoided.
It was the concensus of the Planning Commission that to zone an area
to suit one individual lot would be spot zoning, as it would not be
adjacent to the same type of zoning. It is their recommendation to
not pursue the request for rezoning.
(c) SLIDE PRESENTATION
A slide presentation about subdivisions and platting was viewed.
6. ADJOURNMENT
There being no further business, Mr. Beatty made a motion to adjourn the
meeting at 8:45 P.M. Seconded by Mrs. Young, the motion carried
unanimously and the meeting was adjourned.
rCrTY 12) 587 -5151
OF HUTCHI SON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
July 21, 1983
M E M O R A N D U M
TO: MAYOR AND CITY COUNCIL ,
FROM: HAZEL SITZ, PERSONNEL COORDINATORS
RE: MID -YEAR MERIT INCREASES
All department heads have completed performance evaluations of hourly
employees, and these have been placed in personnel files. Memorandums
from each department head are attached for your review.
After discussion with the personnel office, department heads have made
their recommendations for merit increases. I believe they have been
"moderate" in all cases, as was requested this year, in order to equalize
some pay rates which needed attention.
Several_ dept. heads would have preferred to grant more increases, but
after discussion have made their recommendations as follows. I believe
all these recommendations are valid and would recommend their approval,
effective the first pay period in July.
Att. # (1,.9�DMINISTRATION AND FINANCE (Ken Merrill & Gary Plotz) . . . 9 employees,
2 recommended increases
Marilyn Swanson, Admin. Secretary 2 step
Mary Rose, Receptionist /Cashier 2 step
(2) ENGINEERING (Marlow Priebe)
Larry Huhn, Technician
1
step
Pat VanderVeen, Secretary
3/4 step
(3) PARK AND RECREATION (Bruce Ericson) , , . .
. .
. . . . .
Karen McKay, Secretary
1
step
Cliff Paulsen, Foreman
z
step
Mark Larson, Maintenance Operator
1
step
Joe Vostinar, Maintenance Operator
2
step
John McRaith, Program Super(salaried)
1z step
(4) STREETS, BUILDINGS, CEMETERY (Ralph Neumann)
Floyd Groehler, Cem. Maint. Chief
Ken Wichterman, Equipment Mechanic
Elden Barkeim, Equipment Operator
Eugene Baasen, Equipment Operator
Dick Nagy, Chief Water Plant Operator
Dick Ebert, Water Plant Technician
Merle Meece, Wastewater Plant Technic
4 employees,
2 recommended increases
10 employees (incl.l sal'rd
5 recommended increases
15 employees,
7 recommended increases
step
step
2 step
step
1 step
2 step
1 3/4 step
(continued)
MEMORANDUM
Page 2
(5)
LIQUOR STORE (Chuck Nelson) . . . . . .
.
. . . . . . .
. 4
employees,
2
recommended
increases
Bruce Runke, Clerk
2
step
Jeannette Matheny, Clerk
1
3/4 step
(6)
TRANSIT (Hazel Sitz) . . . . . . . . . .
.
. . . . . . .
. 2
employees,
1
recommended
increase
Audley Jorgenson, Driver
2
step
(7)
POLICE (Dean O'Borsky) . . . . . . . . .
.
. . . . . . .
. 10
employees
(incl.4 sal'r,
3
recommended increases
Roger Bakken, Community Serv. Ofcr.
1
step
Nancy Buss, Secretary
1
step
John Gregor, Sergeant (salaried)
2
step
TOTAL
22
employees
recommended
for merit
increase
(8) Ken Merrill reports that the cost of these increases for 1983 would be
covered by the balances remaining in the various funds. See his memo,
attached.
(As indicated in Gary Plotz' memo, he has been questioned by some directors
regarding consideration by the Council for 1983 merit adjustments. Perhaps
comment on this would be appropriate
(612) 587 -5151
r CITY OF mCJrchrlmSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
July 15, 1983
M E M O R A N D U M
TO: MAYOR AND CITY COUNCIL
FROM: GARY PLOTZ, CITY ADMINISTRATOR
SUBJECT: MERIT PAY - HOURLY EMPLOYEES
After reviewing the past year's performance, I recommend that Marilyn
Swanson, Administrative Secretary, receive a 2z% merit pay increase.
Marilyn has done a fine job on the agenda and minutes and is a very
consistent performer. This past year she has been training on the
work processing machine, plus has had additional requests to contend
with.
The individuals in the Motor Vehicle department are at or near the
top of their grade and step, therefore, no change is being made.
In regards to Planning Commission Secretary, Kaye Link, she received
the customary one step (5 %) increase after probation was completed
on July 3, 1983. Therefore no change is being made at this time.
In regards to reviewing the other employees within the office, their
immediate supervisor, Ken Merrill, will be reviewing their performance
and pay status.
One position we are jointly recommending is a 2z% merit increase for
Mary Rose, Receptionist. She has done an exceptional job at the front
counter and has taken on many-more tasks than -was envisioned at the
time her job description was drawn.
In regards to salaried employees, two (2) of the directors have asked
me if there will be any consideration. Perhaps you may want to comment
on this to Hazel Sitz.
C9
(612) 587 -5151
CITY OF HUT CHMISOA1
37 WASHING TON AVENUE WEST
HUTCHINSON, MINN 55350
M E M O R A N D U M
DATE: 6 -28 -83
TO: PERSONNEL COORDINATOR
FROM: DIRECTOR OF ENGINEERING
RE: MERIT REVIEWS
Merit reviews for employees in this department have been
completed and discussed with each employee. The personnel
file copy of each form is attached.
My recommendations for mid -year increases are as follows:
(Justification for each increase is included.)
Larry Huhn - Work has shown good improvement and no merit
increase in 3 years since end of probation.
Recommend advance from Grade III Step 5 to
Grade III Step 6.
Pat VanderVeen Job performance has been very good and
has accepted responsibility well. Recommend
advance from Grade II Step 6; to Grade II Step 7.
C-J
• •
12) 587 -5151
rY OF HUTCHINSON
SHING TON AVENUE WEST
NSON, MlNN. 55350
TO: Hazel Sitz, Personnel Coordinator
FROM: Bruce Ericson, Parks & Recreation Director >�
DATE: July 20, 1983
SUBJECT: Merit Raises
I have completed all the performance reviews with the employees of
the Parks & Recreation Department. I feel that the yearly review has been
a benefit to our department since there were many improvements over the
last year which were discussed at last years review session. It serves
as a good tool for communication among the staff.
I am recommending the following personnel for a merit increase:
Cliff Paulsen, Park Foreman
1i
step
Joe Vostinar,
Park Maintenance
3�
step
Mark Larson,
Park Maintenance
1
step
Karen McKay,
Secretary
1
step
John McRaith,
Recreation Supervisor
1 -11steps
Note: I feel that in addition to doing an outstanding job, John's area
of responsibility has increased to justify this increase.
John has accepted the responsibility of the department in my ab-
scence and has always done a commendable job. Therefore, I am
requesting he be considered for a 1� rather than 1 step increase.
klm
(8)
r (612) 587 -5151
ITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
July 20, 1983
MEMORANDUM
TO: PERSONNEL COORDINATOR
FROM: RALPH NEUMANN, DIRECTOR OF MAINTENANCE
RE: MERIT REVIEWS
Merit reviews for employees in my departments have been completed and
discussed with each employee. My recommendations for mid -year merit
increases are as follows:
NAME
DEPT.
MERIT INCREASE
Larry Karg
Street
None
Earl Alsleben
Street
None
Curt Paulsen
Street
None
Duane Dascher
Street
None
Elden Barkei:m
Street
x step
Eugene Baasen
Street
2 step
Stan Koehler
City Hall
None
Floyd Groehler
Cemetery
2 step
Doug Meier
Motor Pool
None
Ken Wichterman
Motor Pool
z step
Finley Mix
Wastewater
None
Randy DeVries
Wastewater
None
Merle Meece
Wastewater
1 314 step
Dick Nagy
Water Plant
1 step
Dick Ebert
Water Plant
2 step
Note: Merle Meece and Dick Ebert have been underpaid for several years.
They were reclassified upward in January 1981, however, increases
were not given to reflect this change.
One full st is recommended for Dick Nagy k—ause of the added
duties of a6w water plant. rc/
(612) 587 -5151
CITY o :u-r-c�-�IA'S0N - --
37lhIASNlNG TON AVENUf � "JEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE:
TO: PERS N NEL COORDINATiO-R
FROM: A 'd, OR ,v
�
RE: MERIT REVIEWS
Merit reviews for employees in this department have been completed
and discussed Yith each employee. The personnel file copy of each
form is attached.
My recommendations for mid -year merit increases are as follows:
(Justification for
y 7
each increase is included..)
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(b 12) 587 -5151
CITY OF HUTC171AISON
37 WASHING TON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: July 13, 1983
TO: PERSONNEL COORDINATOR
FROM: Hazel Sitz, Transit Coordinator
RE: MERIT REVIEWS
Merit reviews for employees in this department have been completed
and discussed with each employee. The personnel file copy of each
form is attached.
My recommendations for mid -year merit increases are as follows:
(Justification for each increase is included.)
Audley Jorgenson, Bus Driver Recommend increase of one -half
step, to Grade II, Step 6 1/4.
A conscientious, loyal employee;
this increase will make his pay
rate equal to that of the other
driver; both have similar service.
records.
TO
0
POLICE DEPARTMENT
MEMORANDUM
Personnel Coordinator
FROM Chief Dean M. O'Borsky
SUBJECT
Merit Reviews
0
DATE June 13, 1983
Merit reviews for employees in this department have been completed
and discussed with each employee. The personnel file copy of each form
is attached.
My recommendations for mid -year merit increases are as follows:
(Justification for each increase is included.)
Sgt. John Gregor
Sgt. Gregor has lagged behind all of his fellow supervisors although
he was promoted in 1979. His performance has been excellent and he has
developed into a very dependable supervisor.
I recommend a one half step increase to bring him in line with the
other supervisors and investigator at $12,34 per hour.
2. C.S.O. Roger Bakken
CSO Bakken has been with the Police Department for 32 years. He
currently is less than half way on his pay schedule. He has provided the
department with a valuable service function by relieving police officers
of certain duties at a much reduced rate. He has assumed a much more
responsible role with our department and doing an excellent job. I
recommend a one step increase to Grade III, Step 5 3/4.
3. Secretary Nancy Buss
Nancy has been employed by the Police Department for 4Z years, During
that time she has been assigned more and more complicated and responsible
duties. Her value to the department has increased on an ever more effective
level.
She has not received any merit increase since 1981. I recommend one
step increase to Grade II, Step 6z, -
C?
,1 rX� 12) 587-5151 - - - --
r CITY OF PoWYCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
June 8, 1983
M E M O R A N D U M
TO: MAYOR AND CITY COUNCIL -I
1�l-� (
FROM: HAZEL SITZ, PERSONNEL COORDINATOR 1 '
RE: MID YEAR MERIT REVIEW FOR HOURLY EMPLOYEES d
PERSONNEL - CONFIDENTIAL
Enclosed are copies of the materials that have been provided to
the respective depar eads for use with mid -year merit reviews.
In order to make easier see what each employee's present rate
is in relation t the assigne range, a bar graph has been used as
part of the info ation provi ed for each employee. This may also be
helpful to the C until in getting a better overview of the pay status
throughout all th departments.
It is expected that department heads will complete the reviews
by the end of June a d make r c-cm ndation for merit increases at
that time, to be effective th/fi st pay per iod in July.
There are several lower -pai eees wh :will probably be recommended
for one -step or greater in:re Othe se,` it is anticipated that
recommendations for merit increases be quite moderate this year.
In the Police Department and Park/ creati0y1jepartment there may be
recommendation for merit increases of one or t p-salaried supervisory
employees. Otherwise, all employees listed are full time hourly.
Part time employees will not be considered foci increases at this
time.
C
'J
1.)
030
to
G
(612) 587.5151
F CITY OF NlJ"TCH11xiSoiy
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
July 21, 1983
M E M O R A N D U M
TO: MAYOR AND COUNCIL
FROM: KEN MERRILL, CITY ACCOUNTANT
SUBJECT: MERIT ADJUSTMENT COST
If the Council would approve the proposed adjustment for wages the
cost would be as follows for the balance of 1983 (assumes action
effective for wages from July 1, 1983)
General Fund
Wages $4548
(PERA /FICA) 555
Central Garage
Wages 220
(PERA /FICA) 27
Water /Sewer Dept.
Wages 1,834
(PERA /FICA) 224
Liquor Store
Wages 534
(PERA /FICA) 65
The various funds have a balance remaining in wages and FICA /PERA to
cover the wage adjustment necessary. (General Fund has a balance of
$48,000 for wages. PERA /FICA balance of $5,996, which is before
the above adjustment is made.)
�(d 12) 587 -5151
( CITY OF HUTCHINS ®N
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
July 21, 1983
M E M O R A N D U M
TO: PERSONNEL COORDINATOR
FROM: KEN MERRILL, CITY ACCOUNTANT
SUBJECT: MERIT REVIEW
The review of staff in the Finance and Water /Sewer Dept. at City Hall
has been completed and reviewed with all individuals. It is my
belief that all personnel are performing well in their areas.
The following merit review and recommendations are:
Roberta Tabberson None
Joleen Runke None
Diane Olson None
Mary Rose , step
I also believe the receptionist position as we are now defining it will
need to be reclassified. At the first of the year I will be proposing
the reclassification for council consideration.
y I
• •
E
�¢�41uti
IoAtj OfA
TO
1]
Clg��l�rl
3n rrrngnitinn of leis srruirr to t4r rrsidrnts of Mutrhinsan, fbr City of
]ufrhinsnn is plrasrd in prrsent to
,fohnE.J(Qq r,
this Rrsnlnfinn of Appreriatian fnr his unselfish and outstanding rnntribufinn
to nur rnmmunifg as:
A,5535TANe C 3 C V i CC, (Oi(IC£ 11
3ANnARI1 1982 - 3UNE 1983
now UMERESORE, BE 3E RESOCVED Bu TEE C 3TV C(93iruc OT TEE nEv
OY E1i<+,T;33V30N , fl{3NNE50TA:
THAT, drrp apprrriatinn is brrrby rxprrssed in 3n4n E. ifrrfr for bis afnre-
mrnfinnrd seruirrs and tlr gratitude of Rufrhinsnn and tide ritizens f4rrrnf is
4 rrrhy rxprrssrd.
lldnptrd bg t4r City Caunril this 25# day of 3uly, 1983.
TO
FROM
SUBJECT
DATE
POLICE DEPARTMENT
MEMORANDUM
Mayor and City Council
Sgt. John Gregor
7 -25 -83
Heatwole Threshing Association Beer License at the Civic Arena
During the summer of 1982 a great deal of discussion occurred over whether
or not beer should be sold on city property or in city owned buildings. A series
of memos was written by Chief O'Borsky to the Mayor and Council on this subject.
Discussions also took place between Chief O'Borsky and Parks and Recreation
Director Bruce Ericson, with the Jaycees over this subject.
It was my understanding that a compromise had been reached which would allow
beer sales at softball tournaments if certain conditions were met, but at the
request of the Chief no license would be issued for "family" events at the Civic
Arena.
In reviewing the memos written by Chief O'Borsky he cited enforcement
problems and the inability to keep beer out of the hands of minors as reasons
for not selling beer at the Arena,
Therefore I recommend that this application be denied.
JG:nb
A9
0
RETAIL "ON SALE"
$25.00
Mate of f-Mill it �Dtap
COUXTY Of—, —I'IqLPPd - City..
To the ....... City Council ....................Of.... ��jt(�hinson, ..............
..........
.............. . of ne .......
...... State of Minne-;ota:
Heatwole Threshing Association, David Bagne____
.... ....... .... ..
hcrr2ry appl..,e'.fur a Zicirsa for iT,, jtrm of_ ......
from tha. 13th August
18 83 M all
At RP'Lail Only, Son-Tntoxic.-ding Malt Liquors,
as the same aTodeilwd by Ianv, for cor,-rumq,'Lon "OA"' i�a4t rzrlaln prcmio,s in the
City...... 01 Hut chin son-.-,-.—.
. . .......... . ..... .
JOLZra-s, Lo-w;-t ... .... ..... ... Civic Arena,
at which place said applicant ... ?7,e business of
and f,0 That end represent._.. and fftnte...- as f0Ml Vff
That said appNcant . ........ ....... . ZiVoen.... . of ihe Tinned of food m ral
and repute; and ha ..... .- attain-ed the ace of �l years; that._.....-_-__.._.....___..---._ ......... ........_....prcprictor...._.nf the
establishment for which the licer c will be, L&s d if this application is rranted.
That no rnanufacturar of such nzn-infoxicafinf m.(21t Ziqaor4r 7�s cry cwn--rzhip, Zn whole or in part,
jn said buti.n.ess of said appTLcant.. .... or any intre-e. therein;
That said app7izant .... . ma ke ihiA a7,pU,-afL6n par"ant and to all the la-wo Of the State of
AfInnz4ol.a, and the ordinances and reeuZationz of said
appUe,abLe thereto, which aze hereby made a par:, hereof, and hereby afre . ..... Io observe OTLA Obey the
(r-, -. &-S,: ",+ c4 V ... . f ]. l
Ench appTEm.nf further sl0'" that he LJ not n-ox the T" lzr of, r`ar has he made app! 'at" for' nor
does he intend to make appU,aVzn for a Federal Rcta'Z 1)-4ajZr'* Sie�r Z 'a.r stamp far the Sale of
liquor.
Dated_ July —Zl� 78.83__
0
.T
David W. Berne
0 0
REGULAR COUNCIL MEETING July 26, 1983
WATER $ SEWER FUND
*Gridor Construction
Est. #12
$ 34,779.50
Blue Cross Blue Shield
Aug. med. ins.
992.54
Curtin Scientific
chemicals
231.68
Feed Rite Controls
chemicals
71.48
Hutch Warehouse Grocery
distilled water
8.82
Juul Contracting
repairs
599.40
Power Process Equipment
supplies
219.98
RCM
testing
200.00
State Treasurer
PERA
216.61
UBC
supplies
15.57
Van Waters F, Rogers
chemicals
1113.00
Zins Machining
repairs
532.00
First Bk of Mn.
parts $ repairs
$ 38,980.58
GENERAL FUND
*Motor Vehicle
transfer fee for vehicle
$ 10.75
*
Dean M. OBorsky
materials F, fees
187.20
*Mn. STate Treasurer
boat registration fees
204.00
*Commissioner of Revenue
June arena sales tax
12.51
Blue Cross Blue Shield
Aug. med. ins.
12,525.56
Crow Chemical
chemicals
43.10
Chapin Pub. Co.
street improvement bids
44.40
Central Mn. Com.
repairs
30.00
Co. Treasurer
dl fees for county
103.00
Co. Recorder
recoridng variances
25.00
Family Rexall Drug
rec. supplies
11.19
First Bk of Mn.
parts
11.16
First Bk of Mn.
parts $ repairs
13.59
Floor Care Supply
supplies
209.14
Great Plains Supply
supplies
1050.92
G.F. Nemitz Sons
mirror & ivindow
57.92
Harpel Bros. Inc.
parts
135.20
Hutch Utilities
certificates to county
47.48
Int'1 Conf. Bldg. Officials
dues
60.00
Intl Conf. Bldg Officials
field inspection manual
13.00
ICMA REtirement Corp.
contribution
154.79
Kokesh
supplies for recreation
124.95
Logis
computer charges
2226.44
Pamida
supplies
179.06
Marilyn Swanson
coffee
4.99
Homer Pittman
conference
41.32
Shopko
supplies
38.85
State Treasurer
PERA
3772.31
James Schaefer
last half July
846.37
UBC
supplies
205.62
U of Mn.
film rental
8.00
Zins Machining
repairs
340.65
Wigen Chev.
vehicle
7685.72
Wm. Mueller & Sons
street materials
926.94
// -Q'
0 0
-2-
Al's Shirt Shop
rec. supplies
6.45
Anderson Interiors
library supplies
24.55
Blue Syky Marketing Inc.
pocket data book ?
26.95
Glencoe Enterprise
public hearing notices
49.17
Lake Harriet Florist
plant
15.70
Leslie Linder
bus service
873.38
LP Gas Equipment
supplies
11.39
Olson Locksmith
key
1.50
Pro Image INc.
tapes
7.50
Rick Plbg $ Htg.
repairs
88.90
Sec. Bank $ Trust
parts
625.96
James Weckman
o gas pumped
21.09
Wesco Inc.
parts
71.95
Yardmen Fence Co.
fence $ gates
1340.00
Mavis Bjurlin
swimming refund
9.00
Richard Vessen
swimming refund
9.00
Susan Precht
swimming refund
9.00
Anne Klatt
swimming refund
9.00
Ruth Gauer
dance class refund
9.00
Peggy Swanke
dance class refund
9.00
Linda Maiers
dance class refund
9.00
Judy Olson
dance class refund
9.00
Mrs. Richard Martin
dance class refund
9.00
Barb Bening
dance class refund
9.00
Karen Mathews
dance class refund
9.00
Jean Brooks
dance class refund
9.00
Janie Messner
swimming refund
9.00
Yvonne Schober
swimming refund
9.00
Sharstrom Plbg.
refund meter fee j connection
fee 77.00
Gary Mickle
refund bldg. permit
38.50
Dan St. Pierre
refund bldg. permit
228.50
McLeod Co. Agr. Assn.
refund bldg. permits
1601.95
McLeod Co. Agr. Assn.
refund bldg. permits
324.56
Art Wendorff
bldg. permit refund
50.50
Carl Rohde
refund bldg. permit
10.00
Earl Moehring
refund bldg. permit
29.50
Lucile Ulrich
refund bldg. permit
22.00
Donald Hall
refund bldg. permit
89.00
Willim Breitkreutz
refund bldg. permit
38.50
Harlan Lieder
refund bldg. permit
56.50
Kevin Evenson
refund bldg. permit
197.00
Duane Buske
refund bldg. permit
62.50
Neal Rannow
refund bldg. permit
10.00
$37,477.63
3-
1981 Parking Rev. Bonds
Bennie Carlson
contract payment
$ 669.30
Juul Contracting
Bretzke parking lot
206.50
Citizens Bank
principal and interest
10,525.00
1st National Bank
interest
525.00
Northern Trust Co.
interest $ service fee
60,530.50
$ 72,456.30
Bonds of 1983
Hutchinson Utilities
street light
937.93
Bonds of 1982
Juul Contracting
repairs
1257.48
Federal Revenue Sharing
Health Planning $ Management
professional fees
1200.00
BONDS OF 1981
Northern Trust Co. interest $ service fee 57,932.35
Fire Hall Debt Service Fund
Northern Trust Co. interest $ service fee 34,864.90
LIQUOR STORE FUND
City of Hutchinson Payroll 7 -22 -83 3883.78
Twin City Wine Co. wine & liquor 2473.63
Northland Beverages wine $ liquor 306.80
Junker Sanitation june refuse service 96.00
J.C. Penney Co. uniforms 378.13
State Treasurer PERA 189.65
$ 7327.99
0
0
league of rninnesota cities
July 22, 1983
Mr. Gary Plotz
City Administrator
37 Washington Avenue W.
Hutchinson, MN 55350
Dear Gary:
FOR YOUR INFORMATION
This is a followup to our phone conversation concerning the use of special
assessments for street maintenance operations such as seal- coating, pothole
repair, snowplowing, etc. I've not been able to find any other examples
besides Bloomington and St. Paul. However, I've asked Tom Thelen to do
some checking as he travels around. We'll pass on to you whatever he comes
up with.
Sorry we can't help you at this time.
s; ny�e
7
Peter Tritz
Research Director
PT: cas
P3 u. Diversity, avenue east, st. caui, minces_ s 551 01 (612)227-E5600
July 15, 1983
league of minnesota cities
Mr. Gary Plotz
City Administrator
City Hall
37 Washington Avenue W.
Hutchinson, MN 55350
Dear Gary,
JUL 19,U
Br
0
oG
�O
9�
This is in answer to your call concerning use of city funds for a picnic for
members of city boards and commissions. first, it is becoming somewhat more
common to pay some sort of salary to members of planning commissions and other
commissions as well. The only city I can specifically name that has established
a policy of paying members of all commissions is Oakdale, but I think there
are others. Payment to members of planning commissions is, I believe, becoming
somewhat more common. (See April 19, 1979 letter, file 415c3 dealing with
compensation to planning commissions.)
Second, although the general principle is that little niceties to city employees
such as Christmas parties, Thanksgiving turkeys, or whatever, are not really
allowable as gifts (see enclosed Attorney General's opinion 59a -22, Nov. 23,
1966, file 215h1 , there is nothing that would prevent a city from providing
turkeys, parties, or other things as a form of compensation to employees (or,
presumably, to board /commission members.) Thus, if persons are aware, at
the time they begin serving on a commission, that included in their compensation
package there will be a summer picnic, I can see no problem.
I think this is the best answer I can provide. I'm also enclosing a letter
on a related topic - flowers for employees at their funerals. Some of the
arguments made in that letter could be applied to your situation as well.
I hope this will be of some help.
Sincerely,
William Makela
Research Assistant
WM:cas
Enc.
1 83 university avenue east, St. paul, minnesota 55101 (612)227-5600
INFORMATION SERVICE
r
Of
League of Minnesota Cities
480 Cedar Street, Saint Paul, Minnesota 55101
July 16, 1976
Power of city to provide flowers at.Employee's funeral 1�415cl
otlW
Mr. Andrew Bastian
City Clerk
City Hall
New Ulm, Wl 56073
001�gT
ZQ /V
Liar tdr. Bastian:
In response to your letter of July 12, concerning the legality of city expenditures
to provide flowers at the funeral of deceased city employees, we are sending you
copies of the following materials:
Attorney General's Opinion to R.V. Ehrick, October 25, 1968 59a -3 415c4
Opinion to D. D. Wozniak, December 11, 1959 387a -3 415cl
Opinion to Peter S. Popovich, December 3, 1965 16lb -4 415cl
M.S. 465.72
As indicated on the final page of the first above listed Attorney General's Opinion,
any payment or confk --erit of a benefit, made by the city to or on behalf of a
particular person as a part of the agreed upon consideration for such persons em-
ployment is simply compensation for the work performed.
Certainly, under the circumstances you outlined in your letter, it can be argued
that the primary -purpose of the expenditure is a public purpose, to compensate
for and to recognize the contribution of the for:er employee. This final demon-
stration of respect and appreciation by the ermloyer, argueably enhances the
attitude of cohesiveness and belonging of all city employees bet-rreen eech other
and with the city. Provision of flowers would seem to be compensation a-rid thus -
involve a public purpose, in the same sense that a death benefit under PEPA or
a local police or fire relief program would be.
The question then arises whether the provision of such flowers is a gratuity,
conferred after the work for which it is attributable, or whether it is conroenss-
tion from the standpoint that the services of the employee were rendered in anti-
cipation and expectation that this particular form of compensation would accrue
to them in the event of their death while employed with the city. The usual
tests should be employed for such a determination despite the fact that the
incentive value of the anticipation of flowers at one's funeral might be small,
since the costs are also small. Moreover, the courts are not likely to second -
guess the city council as to the form in which compensation ought to be *fade.
-00 hanover building, 460 cedar street, saint paul,_minnesota 55101 _[61.21 222-2961
Bastian
/P'Andrew
y 16, 1976
ge 2
In any event, the third listed enclosed Attorney General's opinion seems to
indicate that if it was the understanding of the employer and the employee -w ;N
that certain additional compensation accrue to the employee from his labors;
above and beyond that which is formally fixed by ordinance resolution con-
tract or statute, that additional payment or thing of value, is not a gratuity,
but is in fact a part of the payment for the work performed. It would cer-
tainly seem that the intent of the parties could be demonstrated by a long-
standing practice on the part of the city even if that practice was not for-
malized as a part of the personnel policy, assuming the practice was applied
with substantial consistency.
If the presentation of flowers is recognized as compensation, there should be
no difficulty establishing authority (all payments from a city must be both
authorized and for a public purpose) since the same statutory or charter
authority which permits the municipality to employ and compensate workers
generally, would apply in this situation, unless it specifically restricted
the nature of the compensation that could be paid.
_
Finally, Law$ 1973 Chapter 298, codified as M.S. 465.72, specifically
_
authorizes severance pay. Such payments may even be made in case -of the
death of the employee. The word "pay" is not commonly restricted to a mone-
tary transfer, but includes delivery of goods or other things of value.
_
Webster's New International Dictionary, Third Edition. Such words when used
in a statute are given their common and approved usage. M.S. 645.08 (1).
In summary then, the practice would seem to be supportable either on the basis
that it is a form of severance pay which is authorized by M.S. 465.72 or thati
it is another form of compensation which is a ?art of the package of benefits
for which employees provide their services. Of course, the compensation
rationale would be strengthened if there was a formal ordinance or resolution
establishing such a policy. On the other hand, it'must seem to the families
of the individuals involved and -to the other wDrRers, a more dignified and
meaningful demonstration of appreciation and recognition if each such occasion
is, at least with respect to form, treated as an isolated and individual
circumstance.
We hope this answers your question satisfactorily. In accordance with the
policy of this office when a matter comes to us involving legal considerations,
we are sending a copy of this letter to the attorney for your city for his
information.
Sincerely yours,
Cei-
Stanley G. Peskar
General Counsel
Encs.
cc: Mr. Terrance Dempsey
New Ulm City Attorney
SGP:pjr
' (612) 587 -5151
/ % Y OF 1 r CI I r.:l.'fi'EI.SON
37 WASH;NGTON AVENUE WEST
HUTCHWSON, MINN 55350
July 20, 1983
Arcon Construction Co.
Mora, 1,24 55051
RE: Sewer Service
1968 Main Street Project
Gentlemen:
FOR YOUR INFORMAT101V
The City has inccrred expense in connecting a sanitary sewer service that you
were paid to install and did not do so when you constructed the above -
referenced project.
This is the second such service that the City has found and has had to install,
after paying you for the installation.
Our present cost was S2,300.00 and our previous cost was $800.00
your payment of $3,100.00 to City Hall.
Sincerely,
CITY OF HUTCHINSON
AZ/ - &'
Marlow V. Priebe
Director of Engineering
MVP/PV
cc: City Council
City Accountant
Kindly remit
E
0
M E M O R A N D U M
FOR YOUR INFORMATION
DATE: — — — July 15, 1983
— — — — — — — — — — — —
TO: — — — Mayor and City Council
— — — — — — — — — — — — — — — — — — — — — — — — — — — — —
FROM: _Cary D.— Plotz, City Administrator
— — — — — — — — — — — — — — — — —
SUBJECT: Request to Have League of Cities Research Special Assessments
- - - -- --
for Street Maintenance — — — — — — — — — — — —
I requested Mr. Peter Tritz of the League of Minnesota Cities to research cities
that utilize the special assessment method to finance street maintenance.
Mr. Tritz was aware that the cities of St. Paul and Bloomington have been doing
this for years. Mr. Tritz had his residence in St. Paul, and therefore, is
personally acquainted with that program. _
Mr. Tritz will be researching other cities that may have such special assessments.
He will be reporting his findings in writing.
/ms
i
• FOR YOUR INFORMATION
THE HUTCHINSON SAFETY COUNCIL
The Hutchinson Safety Council met June 27, 1983, at 12 noon at the Fire Hall.
There were 11 members present.
President Myron Johnson opened the meeting with a silent prayer.
The May minutes were approved as read. A bill of 53.88 was approved by
motion, for expenses to Myron Johnson to the Minnesota State Council meeting.
OLD BUSINESS: McLeod County Fair - - -A discussion was held and it was deceided
due to the tornado damage at the fair ground, if we can get in with the
sheriffs posse booth to pass out literature OK and if not OK also. A motion
was made and seconded to this effect.
NEW BUSINESS: President Myron Johnson reported on the Mn. State Safety
Conference. He stated it was a good conference with a good speakers from the
MADD organization aon drunk driving and other speakers on the same subject.
Mpls. Police Chief Tony Boza spoke on legislation that needs to be improved
after arrests are made for the drunk drivers. Police pick them up and the
judges let them go.
Warren Kempfert, from the local 3M Company, stated they received a outstanding
safety performance safety award, as did McLeod County and the REA.
Les Smith stated he had pamplets for distribution on lawn mowers and chain saws
Attached is a list of 1045 pamphlets he distributed.
The recent tornado was discussed and all complimented the city crews and
all who helped, for their work.following the tornado. A motion was made and
seconded we sent a letter to the Editor, expressing our appreciation to all
who helped.
Warren Kempfert reported there were not any chemical involved in the semi,-
trucks that were overturned, at 3M, during the tornado.
The next meeting will be July 25, 1983, at the Fire Hall.
Submitted by: Myron Johnson, President
Loretta F. Pishney, Seer. Treas.
Treasurers' Report:
Balance on hand June 1, 1983 269.06
Deposits; none
Disbursements:
Allen Office - certificates of
appreciation 1.81
Myron Johnson -MN State conference
expenses 53.88
Balance on hand June 30, 1983 213.137
Literatur 'istrlbttion
Feb. 5, 1983 to George Field for display & hand outs
250 each Spot the Danger -A User's guide for Chain Saw Safety
250 EAch Prrduct Safety Fact Sheet- $51 Chain Saw operation
Jan 24,1983 Distributed at safety council meeting
17 Each Spot the Dager -A user Guide for Chain Saw 8a&eitgj
17 each Product Safety Fact "beet ff 51, Chain Saw S&Sety
Distributed with mailings -with bir&hday cards and invioice or statement mailings
by Leslie 0. Smith insurance - during the past KV months
20 each Spot the Danger -A user's guide for chain saw safety
20 each Product Safety Fact Sheet / 51, Chain Saw S.,fety
14 It Ewye that Gycle -tipes for deivers
19 2 Share the Road -A guide to mixing i'lortoists « cycles
9 " Slow Moving Vehicles — ymplemenst of Husbandrey
17 2 The Drinker's Guide to Driving
7 ° Ereeway Driving 44Demands Special Skills
11 " Wafety at the Crossing — Railroad Crossing
6 " How To talk to Your Teenager' about Drinking `v Rriving
10 ° Don't Risk lour child's Life - Safety Belts sets
12 " Is It Safet To Cross "ow
15 if Be On the Sal fe Side p- i1innesotEj Crime Watch L
13 Outsmarting Crime -An lder Person s Guide to Safer iving
17 Rural Crime —Dent be the 'next Victim
2 ° For Those Who Drink Drive or Do Both
17 Be A bike Lxpert —leave Funk, Know the Rules
7 " Parents Can Be Serious Traffic Hazards
llz ° 'signs of Life - Railroad Crossings
18 ° flow To go on Icr: & Snow
19 2 Emergency Help CB Channel 9
23 " It takes A Professional to Fight Fire
5 ;i Infor; ation for i`otor%cle Operators
17 What l'o Do Before The Burglar Comes
25 " Make Your Lawn Laser & Safer to Mow k1owing Safety heck List
3 Safety 1`'ith Trains --9 Easy Steps to Follow
27 " Spot The darer --+ users Guide for Power Mowere Safety
15 NO. 34, Space !!eaters roquet Safety Fact Sheet
16 " NO. 57 - -Smoke Detecotrp - " it it
7 No. 44- Fire Places, - roduct Safety Fact Sheet
9 Its Your Life - -Don t Burn it Away - Consumer Product Safety Commissior
9 ° K ep the Fire In your Stone -Wood Burning Stoves
23 11 Tornado — US Dept, of Commercie
1 An Activist's Guide for Curbing The Drunk Driver
11 " How `10 Keep the Life of the Party Alive
1 " Farrdly Safety — Minnesota Safety Council
5 " Tnucks and Trailers - Driving Regulations & Licensing requirements
Distributed at Safety Council me�;tin; -June 27, 1983
13 " Spot the Dapger — A sers Guide for Chain Saw Sa.fety
20 Spot the Dager A User's Guide for kower mowers Safety -
15 If Mowing Safety Checklist -Power Moi,er `'aintenance & Storage Tips
11045 Total Distributed the past 5 months
Distributed by Leslie 0. Smith, Member Executive
°oard, Hutchinson Safety Council
�— �� Jllti983
RECEIVED
l ifil
fin
league ' 8Y
�- league of minnesota cities
July 5, 1983
Q�- A-Sc- QOSI
-7-1y -&3
TO: Managers, Administrators and Clerks
FROM: Stan Peskar JPSV9
RE: Senator Peterson and the State Department of Finance
Propose a Shift of Contributions from PERA to the Teachers Fund
The attached article illustrates the need for cities, city employees and
retired city employees to work with other local government groups to prevent
what can only be regarded a threat to sound local government pension funding,
with a plan calculated to punish the provident and to reward the improvident.
Please contact your legislators as well as Senator Peterson and the other
members of the legislative commission on pensions and retirement, to give them
your views.
Please post in a place where all city employees may see it.
Members of the commission, their addresses and phone numbers are listed on the
reverse side
of this memo.
Study
says 3
®f
4
pension
funds.
,i__Mtfing more money than needed
fly Lod Sturdevant
Staff Writer
new study shows that Minnesota
taxpayers could put less money into
public-employee pension funds and
still give some retirees higher bene-
fNS without causing financial prob-
lems in the funds, the chairman of
tQe Legislative Commission on Pen-
sions and Retirements said Tuesday.
State Sen. Collin Peterson, DFL -De-
The stale paid $165,000 for the study,
which was prepared by Howard Win -
kelvoss and Associates. It shows that
three of the state's four major pub-
lic- employees' pension funds — the
Minneapolis Employees Retirement
Fund, the Minnesota State Retire-
ment System and the Public Employ-
ees Retirement Association — are
receiving a total of 261 million per
year more than netessary for them
to achieve full funding by the year
2009, the Legislature's target date.
trott Lakes, said he expects the study
t0 trigger proposals to the 1984 Min-
nesota Legislature to do just that It
could also lead to a controversy over
whether city and county govern-
ments should contribute, either di-
grease in contributions to e
one pension fund that is not ade-
Only the Teachers' Retirement Asso-
ciation should be receiving higher
annual contributions from taxpayers
to achieve full funding, the study
said. An increase of 215.4 million per
year would cover the need, it said;
previous estimates were as high as
$50 million.
gLately funded, the Teachers' Re-
percent annual cap on cost -0f - living
increases to pensioners. Peterson
said he opposes that and expects the
commission to reject it.
State pension funding is "at a cross-
roads," Peterson said, because of the
need to fund fully the Teachers' Re-
tirement Association pension system.
"I see this as an opportunity to re-
think the en re ou rcemv ovees
pension system.'
55101 (61 2J 227 -5E
0
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to
LEGISLATIVE COMMISSION ON PENSIONS AND RETIREMENT
49 State Office Building
ISI?i7
SENATE
(296)
HOUSE
(296)
Dennis Frederickson
8138
John T. Clawson
4358
Morgan, Minnesota 56266
Box 511
(507) 249 -3346
Lindstrom, Minn. 55045
Room 132 State Office Bldg.
(612) 257 -5385
287 State Office Bldg.
Donald M. Moe
4264
4370
309 Capitol
James P. Metzen
312 Deerwood Court
Collin C. Peterson
4135
So. St. Paul 55075
Route 2, Box 287
(612) 455 -2214
Detroit Lakes 56501
219 State Office Bldg.
(218) 847 -3772
Frank Rodriguez
6456
205 Capitol
239 E. Robie St.
.arl W. Renneke
4125
St. Paul 55107
Route 2
227 -6467
56058
(office) Construction & Gen.
Labor
LeSueur
(612) 237 -2613
No. 132 228 -9018
121 State office Bldg.
162 State Office Bldg.
Allan H. Spear
4191
John Sarna
4219
2429 Colfax South
2837 Ulysses St. N.E.
Minneapolis 55405
Minneapolis 55418
(612) 333 -5949
(612) 781 -2482
27 State Capitol
299D State Office Bldg.
Dick Wigley
4355
Route 2
Lake Crystal 56055
(507) 726 -2394
315 State Office Bldg.
• •
EMPLOYMENT ADVISORY TO MAYOR AND CITY COUNCIL
FOR YOUR INFORMATION
CRY OF HUTMINSON
NAME
Denise Baumann
JOB TITLE Swim Instructor
DATE July 15, 1983
ADDRESS
I
.
615 - 5th Ave SW, Hutchinson
SUPERVISED BY Bruce Ericson/ John McRaith
EMPLOYMENT STATUS x NEW EMPLOYEE OTHER
FULL TIME x PART TIME OR SEASONAL
PAY RATE $3.70 /hr
COMMENTS Replacing another swim instructor who is unable to complete the season.
THE ABOVE PERSONNEL ACTION CONFORMS TO ADOPTED PERSONNEL
POLICY AND TO THE COUNCIL APPROVED SELECTION PROCESS.
TMEN AD
PERSONNEL OORDINATOR
c'�SGQ.wYI. J
CITY A INISTR OR
CAk7
June 30, 1983
Dear Participating Agency,
* A OC"
0
United W! 3Y
of Hutchinson Area
z
0
218 Main Street Nm �p
Hutchinson, Minnesota 55350
Phone 612-879-60Z
]j
O
;r z
Enclosed you will find the check for your agency from the Hutchinson
Area United Way for the 1982 -83 Campaign.
Please consider this letter your personal invitation to our
Budget Hearing.
The meeting will be held Tuesday, July 26th at 7:00 p.m. at the
Chamber of Commerce Board Room.
Please notify us if you plan on attending by July 22 so that we
can reserve time for you on the agenda. Due to the number of
participants, you will be limited to a total of eight (8) minutes
including questions.
Either call us at 612 -587 -5252 or write our office at 218 Hain North, .�
- Sincerely,
Lee Ashfel Presidenx
Hutchins Area SJnit ff Way '
Enclosure: Check or $2,000.00 for 1982 -83 Campaign.
Senior Services
You will be pleased to note that the Hutchinson Area United Way
Executive Board choose to increase your budgeted amount by $500.00.
Please use this amount, as well, for the purchase of a piece of
permanent equipment needed in the senior Center.
(612) 587 -5151
CITY OF HUYCHINSOX
37 WASNIIJGTON AVENUE WEST
NUTCNINSON, IkNN. 55350
July 22, 1983
Lee Ashfeld, President
Hutchinson Area United Way
218 Main Street North
Hutchinson, MN 55350
Dear Mr. Ashfeld:
The Hutchinson Senior Center wishes to express appreciation for
the United Way allocation of £2000.
We are in the process of equipping the Senior Center with a much
needed sound system, a small stage to be used for presentations,
and a TV w /stand. Our 1982 funding request included an 8 mm pro-
jector; however, we have substituted that request with the TV w /stand
to meet our current needs.
We hope that in the future, you consider the Center to be a worth-
while project and will continue to grand our funding requests.
Sincerely,
Barb Haugen
Senior Center Coordinator
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Swanke Motors, Inc.
145 Washington Ave. E.
Hutchinson, Minnesota 55350
587 -4999
July 14, 1983
City of Hutchinson
City Council
37 Washington Avenue W.
Hutchinson, MN 55350
RE: Street Maintenance Project
83 -07
Dear Members of the Council:
'fiIr'?�^3
VED
FOR YOUR INFORMATION
Though I was unable to attend the hearing on improvement for Project 83 -07
on the 27th of June, I did take considerable time to review said project.
Though I have no objections to the way the City Engineer is attempting to
improve the Street Maintenance Program, I do object to the method of in-
forming property owners. When all municipal departments are attempting to
keep their costs of operation in line, the City of Hutchinson goes ahead
and mails letters to anyone who has any property in separate letters. This
may be a picky item, but yet it is a sign of inefficiency. I received 10
separate letters at a cost of $1.70 to the City, while the same purpose
could have been completed with one letter for .17c.
Perhaps this is the reason the City of Hutchinson is not able to maintain
the street programs on a given budget. Too often management fails to
realize that a given budget is essentially that. Either less workers have
to perform more efficiently or a program such as Project 83 -07 must be
instituted.
I will trust that the City Engineer has complete control of the Street
Maintenance Program and can justify the additional costs to property
owners.
Sincerely,
��Y� w"5A ank8'
esident
JAS:imk
Ps Enclosed note received from a former property owner, Carl Moehring who has
a good understanding of the tax assessment problems in Hutchinson.
BLACK
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RUDY P£RPICH
ST. PAUL 55155 FOR YOUR INFORMATION
s
rovrnvnn Page Two
June 2 , 1983
June 27, 1983
• Third, indexing would be suspended. If a shortfall
was forecast before September 15, 1984, the amount
is estimated to be $83 million; after September 15,
To Local Units of Government: 1984 the amount is estimated to be $26 million.
IPhs purpose of this letter 1s to provide information on the • Fourth, the Commissioner of Finance would unallot
possibility of future budget reductions and actions to be (impound) up to $100 million, taking into consideration
taken if revenue shortfalls should occur. other resources available to recipients of state
appropriations,
BUDGET STABILITY
• And lastly, a special session of the Legislature
During the 1983 legislative session I recommended, and the could be called to deal with any shortfall in excess
Legislature approved, a $250 million budget reserve. In of the four items listed above.
addition, the General Fund fund balance at the end of the
F.Y. 84 -85 biennium is forecast to be approximately
$100 million. Legislation was also passed which suspends SUMMARY
indexing in the event of a shortfall. Before indexing may
be suspended, the fund balance and budget reserve must be Even though we do not feel a revenue shortfall is likely,
used. If a shortfall should occur, the above items would it certainly is a possibility and must not be treated lightly.
cover the first $433 million. The five steps above are necessary for sound financial
management and to provide information for you to do your
The Minnesota economy is finally showing signs of recovery. planning. You should do your financial planning in the
This, along with the actions taken by the 1983 Legislature, knowledge that several measures have been adopted to assist
has returned stability to Minnesota's budget. There is, however, in managing the risk inherent in revenue forecasting. You
a note of caution. Current budget estimates include forecasts should also take into account the probabilities (about 1 in
of a recovery of the Minnesota economy. If the recovery 5) that even these measures may not be adequate to prevent
should stall, then a budget shortfall and unallotments could the necessity for unallotments.
occur.
The Department of Finance will be preparing quarterly fore-
" REVENUE SHORTFALL - ACTIONS TO BE TAKEN casts which are widely covered by the news media. Additional
information will be provided to you as conditions warrant.
If the Department of Finance forecasts a revenue shortfall, the
following actions would be taken in the order listed. In41,elryi
• First, the budget balance would offset the first $100
million of any shortfall. ;udy h
• Second, with the advice of the Legislative Advisory Governor
Commission, the budget reserve would be used to offset r
the next $250 million in shortfalls. ?/ $ tAA'-
-over=
AN EOUAL OPPORTUNITY EMPLOYER
0 6
M E M O R A N D U M
DATE: July 8, 1983
TO: Mayor, City Council and Directors
FROM: Gary D. Plotz, City Administrator
SUBJECT: Vacation
For your information, I will be taking my accumulated vacation from July 18
through August 12.
In my absence Ken Merrill will be acting in my behalf, including items relat-
ing to the Council agenda. He will also be attending the Council meeting of
July 26 and August 9.
I will be in telephone contact with Ken at least once a week.
ems