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cp03-22-1983 cHUTCHINSON CITY CALENDAR WEEK OF March 20 TO March 26 1933;` WEDNESDAY -23- THURSDAY -24- FRIDAY -25- GARY PLOTZ & MARLOW PRIEBE - March 21 -22 - Duluth Noon - Transportation Board Noon - Nursing Home Board Meet- DEAN O�BORSKY - March 22 -24 Meeting at Senior Center ing at Burns Manor BRUCE ERICSON & JOHN MCRAITH - March 25 -26 7:30 P.M. - Airport Zoning Boardl VACATION: Meeting at City Hall HOMER PITTMAN - March 10 -28 TUESDAY -22- 7:30 P.M. - City Council at City Hall SATURDAY -26- it R. c ,4bW AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 22, 1983 ,J. Call to Order - 7:30 P.M. /2. Invocation - Reverend David Natwick 3. Consideration of Minutes - Regular Meeting of March 8, 1983 Motion to approve - Motion to approve as amended ,/4. Public Hearin None 5. Communications, Requests and Petitions /(a) Consideration of Request for Reduced Refuse Charge by Augusta Hanke Action - Motion to reject - Motion to approve )(b) Commending Police Officers Ron Kirchoff and Mike Hogan for Outstanding Services Action ✓(c) Discussion of Roberts Rules of Order by Gayle Wick Action - 6. Resolutions and Ordinances A a) Ordinance No. 3/83 - An Ordinance Authorizing The Sale of Municipally Owned Real Property Legally Described As: Lots 9 & 10, Block 12, South Half of the City of Hutchinson Action - Motion to reject - Motion to waive second reading and adopt J (b) Ordinance No. 4/83 - 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 April 12, 1983 (c) Resolution No. 7352 - Resolution for Purchase Action - Motion to reject - Motion to waive reading and adopt 7. Reports and Minutes (a) Monthly Financial Statement - February 1983 Action - Order by Mayor received for filing /(b) Minutes of Planning Commission dated February 15, 1983 Action - Order by Mayor received for filing J(c) Minutes of Parks and Recreation Board dated February 2, 1983 Action - Order by Mayor received for filing J(d) Minutes of Tree Board dated February 15, 1983 Action - Order by Mayor received for filing 8. Unfinished Business As) Consideration of Franchise Agreement Between City of Hutchinson and Arthur Benjamin Sr. (DEFERRED FEBRUARY 22, 1983) Action - Motion to reject - Motion to approve & enter into franchise - Motion to waive first readings (Ordinance No. 1/83 and 2/83) f(b) Discussion of Ordinance Regarding Transient Merchants (Requested by John Brinkman) (DEFERRED FEBRUARY 22, 1983) Action - y'(c) Consideration of Guidelines for City Council Proceedings Action - Motion to approve - Motion to reject ✓(d) Review of Questions Submitted to Council on February 14, 1983 by Pat Mikulecky, Tom Stibal, Gayle Wick, and Helga Neilson (Requested by Alderman John Mlinar) (DEFERRED MARCH 8, 1983) Action - J(e) Consideration of Franklin Street Improvement Action - J(f) Consideration of Approval of Plans and Specifications for 1983 Improvement Projects and Advertise for Bids Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution -2- E • • �(g) Consideration of Appointments to Public Facilities Committee (DEFERRED FEBRUARY 8, 1983) Action - Motion to reject - Motion to ratify appointments 9. New Business ,/(a) Consideration of Delinquent Water and Sewer Accounts Action - Motion to authorize extension of payment period - Motion to authorize discontinuation of service ,/(b) Consideration of 1983 Planning Data by Hansen, Thorp & Pellinen Inc. Action - Motion to reject - Motion to approve firm /(c) Consideration of Resolution to Allow for Property Split for Darrel Becker Action - Motion to reject - Motion to approve - Motion to adopt Resolution J(d) Consideration of Establishing Date of May 6, 1983, for Board of Review Action - Motion to approve - Motion to reject J(e) Consideration of Application for Renewal of Club On -Sale Liquor Licenses: 1. American Legion Post #96 2. Crow River Country Club 3. Hutchinson Elks Lodge 4. V. F. W. Post No. 906 Action - Motion to reject - Motion to approve applications and authorize issuance of licenses )(f) Consideration of Application for Renewal of On -Sale Intoxicating Liquor Licenses 1. T. L. Scalawags, Inc. 2. Velvet Coach, Inc. 3. Timothy O'Toole's Pub 4. LeBistro Cafe Action - Motion to reject - Motion to approve applications and authorize issuance of licenses Jg) Consideration of Application for Renewal of On -Sale Wine License 1. Gold Coin Chinese Restaurant Action - Motion to reject - Motion to approve application and authorize issuance of license -3- i/(h) Consideration of Request for Conditional Use Permit Submitted by George Thelen with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution ✓(i) Consideration of Request for Variance Submitted by George Thelen with favorable recommendation of Planning Commission, contingent upon staff recommendations Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution ✓(j) Consideration of Request for Zoning Reclassification submitted by Larry Sorenson with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive first reading of Ordinance and set second reading for April 12, 1983 /(k) Consideration of Annual Review of Comprehensive Plan with favorable approval from Planning Commission Action - Motion to reject - Motion to approve ,/(1) Consideration of Revised Preliminary Plat for Wood View Acres as submitted by Dennis Albertson with favorable recommendation of Planning Commission Action - Motion to approve - Motion to reject (m) Consideration of Preparing Specifications and Advertising for Bids: 1. Mid -Size Pickup with Plow 2. Compact Size Station Wagon 3. Paint Water Tower at South Park Action - Motion to reject - Motion to approve and authorize advertising for bids )(n) Consideration of Application for License to Sell Cigarettes at Retail Submitted by Jim McClure for Le Bistro Restaurant Action - Motion to reject - Motion to approve and issue license J(o) Consideration of Purchase of a Lawn Genie for Park Department Action - Motion to approve - Motion to reject J(p) Consideration of 1983 Dutch Elm Disease Program Action - Motion to reject - Motion to approve and advertise for bids April 4, 1983 at 1:30 P.M. -4- .rr, ffq) Consideration of Purchasing A Grass Seeder V Action - Motion to approve - Motion to reject 10. Miscellaneous / (a) Communications from City Administrator 11. Claims, Appropriation, and Contract Agreements �(a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. Adjournment -5- • 0 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 8, 1983 1. CALL TO ORDER Mayor DeMeyer called the meeting to order at 7:30 P.M., with the following present: Alderman Mike Carls, Alderman John Mlinar, Alderman Kenneth Gruen - hagen, Alderman Ted Beatty, and Mayor James G. DeMeyer. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION In the absence of a pastor, there was a time of silent prayer. 3. MINUTES Following lengthy discussion, Alderman Beatty moved to approve the minutes of the special meeting of February 28, 1983 as presented and the minutes of the regular meeting of February 22, 1983 as amended under agenda item No. 5, first paragraph, with the addition of the names of Gayle Wick, Tom Stibal and Helga Nielson along with, _thatof Pat M[kulecky,with the last sentence in the paragraph to be struck from the minutes; and the addition of Chuck Nelson's comment on the liquor store under agenda item No. 8 -e. Motion seconded by Alderman Gruen - hagen and carried unanimously. Attorney Schaefer stated he had provided Dr. Paul H. Cashman, professor at the University of Minnesota, with a copy of the letter in question received on Feb- ruary 14, 1983, and the protion of the city ordinance pertaining to communica- tion, requests and petitions. He then proceeded to read the letter received from Dr. Cashman, which stated his interpretation of communication as it related to the Council meeting of February 14, 1983. 4. PUBLIC HEARING None 5. COMMUNICATIONS REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY POLICE CHIEF TO ATTEND ANNUAL SPRING INSTITUTE MARCH 22 -24, 1983 After discussion, it was moved by Alderman Carls, seconded by Alderman Mlinar, to approve attendance. Motion unanimously approved. (b) CONSIDERATION OF APPOINTMENTS TO NURSING HOME BOARD: 1. GLORIA DANSEREAU 2. KEITH DUEHN 14 COUNCIL MINUTES MARCH 8, 1983 Following discussion, the motion was made by Alderman Gruenhagen to ratify the appointments of Gloria Dansereau and Keith Duehn to the Nursing Home Board for another term. Motion seconded by Alderman Beatty and unanimously carried. (c) CONSIDERATION OF APPOINTMENTS TO LIBRARY BOARD: 1. RALPH W. BERGSTROM 2. PAUL ACKLAND 3. SALLY CONE After discussion, Alderman Mlinar moved to ratify the appointments of Ralph W. Bergstrom, Paul Ackland, and Sally Cone for another term on the Library Board. Seconded by Alderman Gruenhagen, the motion carried unanimously. (d) CONSIDERATION OF REQUEST BY POLICE CHIEF TO ATTEND DISASCER CONTROL SEMINAR MARCH 19, 1983 The motion was made by Alderman Carls, seconded by Alderman Mlinar, to ap- prove the Police Chief attending the Disaster Control Seminar. Motion unan- imously approved. (e) CONSIDERATION OF REQUEST BY PARKS AND RECREATION DIRECTOR AND RECREATION SUPERVISOR TO ATTEND MINNESOTA RECREATIONAL SPORTS FEDERATION ANNUAL CON- FERENCE MARCH 25 -26, 1983 It was moved by Alderman Carls to approve the annual conference. Motion sec- onded by Alderman Gruenhagen and approved unanimously. (f) CONSIDERATION OF REQUEST BY DICK EBERT TO ATTEND ADVANCED WATER OPERATORS SCHOOL APRIL 26 -28, 1983 The request to attend an advanced school was approved by Alderman Gruenhagen, seconded by Alderman Beatty, and unanimously carried. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7348 - RESOLUTION OF APPRECIATION - ROY CLABO Following reading of the Resolution, Alderman Beatty moved to adopt Resolu- tion No. 7348. Motion seconded by Alderman Gruenhagen and carried unani- mously. (b) RESOLUTION NO. 7349 - RESOLUTION OF APPRECIATION - REV. JOHN LONGLEY After reading of the Resolution, it was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to adopt Resolution No. 7349. Motion unanimously approved. -2- 0 i COUNCIL MINUTES MARCH 8, 1983 (c) RESOLUTION NO. 7350 - RESOLUTION FOR PURCHASE After discussion, the motion was made by Alderman Gruenhagen to approve the purchase and waive reading and adopt Resolution No. 7350. Motion seconded by Alderman Beatty and unanimously carried. (d) RESOLUTION NO. 7351 - RESOLUTION AUTHORIZING RELEASE OF SECURITIES TO FIRST STATE FEDERAL SAVINGS AND LOAN ASSOCIATION OF HUTCHINSON, MN After discussion, Alderman Carls moved to waive reading and adopt Resolution No. 7351. Motion seconded by Alderman Gruenhagen and unanimously approved. (e) ORDINANCE NO. 3/83 - AN ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY LEGALLY DESCRIBED AS: LOTS 9 & 10, BLOCK 12, SOUTH HALF OF THE CITY OF HUTCHINSON City Attorney Schaefer stated the City Charter requires an Ordinance for the sale of city -owned property, and the proposed Ordinance No. 3/83 meets the requirement for the sale of the Old Armory. Following discussion, Alderman Gruenhagen made the motion to waive the first reading and set the second reading for March 22, 1983.for Ordinance No. 3/83. Motion seconded by Alderman Beatty and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. It was noted for the record that Mayor DeMeyer felt the Ordinance was after the fact, and the issue should be addressed from the beginning. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - FEBRUARY 1983 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF NURSING HOME BOARD DATED JANUARY 20, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF HOSPITAL BOARD DATED JANUARY 18, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF FRANCHISE AGREEMENT BETWEEN CITY OF HUTCHINSON AND ARTHUR BENJAMIN SR. (DEFERRED FEBRUARY 22, 1983) Itla COUNCIL MINUTES MARCH 8, 1983 City Attorney Schaefer reported this item was withdrawn from the agenda inasmuch as Mr. Benjamin could not be present this evening. (b) CONSIDERATION OF PROPOSAL FROM NEW OWNERS OF BRETZKE BUILDING REGARDING REAR GARAGE PORTION OF BUILDING (REQUESTED BY CHAD PIEHL) Chad Piehl and John Korngiebel represented the 45 Library Square project (formerly Bretzke building), which was purchased March 1, 1983. They re- ported plans were to renovate and develop the property. It was their re- quest that the City remove the garage building for parking along with the area adjacent to the north and running east to west from Hassan Street to the alley. Inasmuch as the gas meter is presently attached to the north- west corner of the garage, it would be necessary for an easement to run the gas line to the Bretzke building from the parking lot. The off- street parking assessment to the Bretzke building was discussed. The co- partners stated they expected to pay their share of assessments. Then Mayor DeMeyer inquired if Messrs. Piehl and Korngiebel had in inter- est in purchasing the five -stall garage property. They responded that al- though they preferred not to purchase the garage to tear it down, they would consider buying it to prevent some other use of the building. Following considerable discussion, Alderman Carls moved to defer action un- til after the Council heard agenda item 8 -c. Motion seconded by Alderman Gruenhagen and carried unanimously. (c) DISCUSSION OF SALE OF REAR GARAGE PORTION OF BRETZKE PROPERTY TO CAMEO CLEANERS ON CONTRACT FOR DEED (REQUESTED BY ALDERMAN KENNETH GRUENHAGEN) (DEFERRED FEBRUARY 22, 1983) Mr. Pat Smith and Atty. Roger Gilmer presented to the Council an offer to purchase the five -stall garage located behind the Bretzke building for the appraisal value of $27,500.00, to be paid monthly in contract for deed in- stallments over a five -year period, at which time a balloon payment would be due, with a 20 -year amortization schedule at 9 percent interest. The proposal was conditioned on Mr. Smith's offer to vacate the Cameo Dry Clean- ers site on May 1, 1983 in exchange for payment in kind, such as labor, materials, equipment or assistance in moving his equipment to a new suit- able site and /or payment of a sum of money for early vacation ($11,250.00). It was pointed out that early vacation of the Plowman building would enable the City to implement its parking program during the 1983 construction year. An inquiry was made regarding the City's procedure for selling property and if the City could, in fact, sell a piece of property on contract for deed. City Attorney Schaefer responded there was no legal or City Charter require- ment to put property up for sale by the bidding process. Mr. Smith reported the cost to remodel the garage would be approximately $13,000.00. Other suitable locations for the Cameo Cleaners were discussed, 0 -4- • • • COUNCIL MINUTES MARCH 8, 1983 and the Ziemer property on Main Street was suggested as a possibility. Building Official Homer Pittman made reference to dry cleaning being a hazardous business and the fire code regulations involved. It was pointed out by Mr. Smith that he presently rents a building from the City that is in the same condition as the proposed Bretzke garage. Alderman Beatty moved that following Alderman Mlinar's question and recom- mendation on the building to meet codes, the Council instruct City staff to get estimates of cost for the Plowman building to meet codes to satisfac- tion of the leasee. Motion seconded by Alderman Mlinar. The motion was amended by Alderman Beatty to include the Bretzke garage in the study. Mo- tion seconded by Alderman Mlinar and carried, with Aldermen Beatty, Carls, Mlinar and Mayor DeMeyer voting aye and Alderman Gruenhagen voting nay. Alderman Beatty then made the motion that the City not sell the garage por- tion of the Bretzke property. The motion was seconded by Alderman Mlinar and carried, with Aldermen Beatty and Mlinar voting aye and Aldermen Gruen- hagen and Carls and Mayor DeMeyer voting nay. The motion was made by Alderman Beatty to advertise for bids to sell the garage portion of the Bretzke property. Motion seconded by Alderman Gruen- hagen and carried, with Aldermen Gruenhagen, Beatty and Carls voting aye and Alderman Mlinar and Mayor DeMeyer voting nay. RECESS: Alderman Gruenhagen moved to recess for 10 minutes at 10:25 P.M. Motion seconded by Alderman Carls and unanimously carried. The method of payment from the successful bidder was discussed. Alderman Beatty moved to set the date for bid opening at 2:00 P.M. on March 28, 1983 with two ways of bidding: 1) cash price and /or 2) contract for deed price. The motion was seconded by Alderman Gruenhagen. Following discussion, it was the consensus of the Council to let the bidder determine the terms for purchase. Alderman Beatty requested to withdraw his motion, and Alderman Gruenhagen consented to withdraw his motion. Motion died upon unanimous approval. Alderman Beatty moved to advertise for bids on the garage portion of the Bretzke property to be opened at 2:00 P.M. on March 28, 1983. Motion sec- onded by Alderman Carls. The motion was amended by Alderman Beatty to in- clude that the City Council can accept or reject any and all bids. Motion seconded by Alderman Carls and carried, with Aldermen Gruenhagen, Beatty and Carls voting aye and Alderman Mlinar and Mayor DeMeyer voting nay. (d) CONSIDERATION OF DECORATIVE LIGHTING OF ONE TREE IN LIBRARY SQUARE PARK (DEFERRED FEBRUARY 22, 1983) -5- COUNCIL MINUTES MARCH 8, 1983 Mr. John Alrick stated the cost of purchasing the lights for a tree in Library Square would be handled by the Downtown Retail Association, and the cost of operating the lights would be included with the street lights. It would cost $15.00 for the seven month period the lights would be turned on. The one lighted tree would be located in the northwest corner of the park. After discussion, the motion was made by Alderman Mlinar to approve the decorative lighting of one tree in Library Square Park. Motion seconded by Alderman Beatty and unanimously approved. (e) CONSIDERATION OF RECONVEYANCE OF EXCESS RIGHT -OF -WAY ADJACENT TO CITY PROPERTY (BLOCK 14, N 1/2 CITY) (DEFERRED FEBRUARY 22, 1983) City Attorney Schaefer reported on the City's right of access to Highway 7 from the property to be conveyed from the State of Minnesota to the City. The City Engineer was instructed to draft drawings showing two accesses to the highway along the southeasterly and westerly borders, which are permis- sible under the conveyance. It was moved by Alderman Carls to defer action until this item is put back on the agenda by the City Engineer. Alderman Gruenhagen seconded the mo- tion, and it carried unanimously. (f) CONSIDERATION OF AWARDING BID FOR MOWER AND SNOWBLOWER FOR PARK DEPARTMENT (DEFERRED FEBRUARY 28, 1983) Following discussion, Alderman Carls made the motion to award the bid for a mower and snowblower to Minnesota Toro, Inc. in the amount of $11,855.00. Motion seconded by Alderman Beatty and approved unanimously. (g) CONSIDERATION OF APPROVING NEW STATE AID ROUTES (DEFERRED DECEMBER 14, 1982) City Engineer Priebe reported on the three municipal state aid streets. which are being considered. After discussion, the motion was made by Alderman Beatty to approve and waive readings and adopt Resolutions No. 7345, 7346 and 7347 entitled Resolution Establishing Municipal State Aid Street. The motion was seconded by Alder- man Carls and unanimously approved. (h) REVIEW OF QUESTIONS SUBMITTED TO COUNCIL ON FEBRUARY 14, 1983 BY PAT MIKULECKY, TOM STIBAL, GAYLE WICK AND HELGA NEILSON (REQUESTED BY ALDERMAN JOHN nINAR) Mayor DeMeyer commented that the four authors of the "questions" had re- quested a written response from the Mayor and City Council. The City -6- • COUNCIL MINUTES MARCH 8, 1983 Attorney stated that if the answers to the "questions" were submitted in writing, there would be no need for further discussion. He further sug- gested that any discussion on the "questions" be limited in time and scope. Due to the fact that none of the parties were present for this portion of the meeting, Alderman Mlinar moved to defer action to the March 22, 1983 Council meeting. Alderman Beatty seconded the motion, and it carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. 9. NEW BUSINESS (a) CONSIDERATION OF INDEPENDENT REVIEW OF INSURANCE POLICIES COVERING CITY OF HUTCHINSON, COMMUNITY HOSPITAL, BURNS MANOR NURSING HOME, AND HUTCH UTILITIES BY RISK CONTROL INC. (RECOMMENDED BY PHILIP GRAVES, MAVIS GEIER, RUFUS ALEXANDER, AND GARY PLOTZ) Mr. Dwight Tange from Risk Control, Inc. explained to the Council the serv- ices his firm would be offering to the four entities regarding insurance policies in effect or obtained in the next year. The proposed contract would be based on an hourly rate of $50.00 per hour of actual time spent subject to an annual maximum of $4,400.00. Following discussion, it was moved by Alderman Beatty to approve and enter into a contract with Risk Control Inc. Motion seconded by Alderman Mlinar and carried unanimously. (b) COMMENTS AND REPORT BY MAYOR DEMEYER REGARDING MEMORANDUM DATED MARCH 2, 1983 FROM ALDERMAN JOHN MLINAR Mayor DeMeyer read a statement in response to the items listed in Alderman Mlinar's memorandum. It was requested that the Mayor provide each Council member with a copy of the response. The Mayor refused to comply, stating it was on tape for the record. Alderman Carls moved to direct the Council Secretary to transcribe from the cassette tape a copy of the document under question to be available to the City Council members,and the newspaper and radio media. Motion seconded by Alderman Beatty and unanimously approved. (c) COMMENTS AND REPORT IN CONNECTION WITH LETTER DATED JANUARY 10, 1983 REGARDING PROPOSED REVIEW OF TAX INCREMENT MATERIALS SUBMITTED TO STATE AUDITOR (REQUESTED BY MAYOR DEMEYER) Mayor DeMeyer read a letter received from Thomas M. Gilbertson, legal coun- sel in the State Auditor's office. No action was taken. 10. MISCELLANEOUS -7- COUNCIL MINUTES MARCH 8, 1983 (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented that Alderman Mlinar would not be able to attend the scheduled March 15 workshop /meeting and suggested changing the date. It was the consensus of the Council to change the date to March 14, 1983 at 6:00 P.M. in City Hall. It was reported that the requested appraisals for city -owned property would be delayed inasmuch as the appraiser was on vacation. The Council members were reminded of the up- coming Council Workshops to be held March 30 and April 13 at 6:00 P.M. in the Fire Station Conference Room. The County Commissioners will meet with the Council on March 30. (b) COMMUNICATIONS FROM PARKS AND RECREATION DIRECTOR Director Bruce Ericson made reference to the comments of Gayle Wick at the previous Council meeting pertaining to the Rochester National Guard Armory. He stated the Armory is not used by the City of Rochester for its recrea- tional program. (c) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schaefer updated the Council on action taken regarding Melvin Klockman and Bernard Stolpman. A letter was sent to fir. Klockman concerning his demolition deposit. He was given seven days in which to clean up the property in question or forfeit his deposit. Also, Mr. Stolpman had been contacted and a letter sent. At this time the contract for deed had not been cancelled; therefore, the city will follow standard procedures on water billing. (d) COMMUNICATIONS FROM ALDERMAN BEATTY Alderman Beatty referred to page 22 of Roberts Rules of Order concerning "point of order" in response to Gayle Wick's previous remarks. (e) COMMUNICATIONS FROM ALDERMAN GRUENHAGEN Alderman Gruenhagen stated he did not plan to provide anyone with written response. His comments would be a part of the Council record.and in the minutes. (f) COMMUNICATIONS FROM ALDERMAN CARLS Alderman Carls requested a written interpretation of Chapter 12, Section 4 in the City Charter, "Sales of Real Property," from the City Attorney. ME • COUNCIL MINUTES MARCH 8, 1983 An inquiry was made regarding the status of the Masonic Temple property. It was reported that the members had voted to sell the property to the City, with vacation on October 15, 1983. The closing will take place in the near future. The City Engineer was asked if the surfacing of the off- street parking lots was included in the parking program funds. Mr. Priebe responded that it was included. The question was raised regarding the need for an ordinance to change the useage in the parking district. (g) COMMUNICATIONS FROM ALDERMAN MLINAR Alderman Mlinar requested that street improvements be included on the agenda for one of the up- coming Council workshops. He felt there were certain areas that needed to be further discussed. It was suggested that the City staff work on a plan to streamline the process for developers to give them some direction. Mention was made of a local bus- iness that may relocate in Young America. A city assessment questionnaire distributed by the League of Cities was al- luded to by Alderman Mlinar. He thought it should be circulated among staff for evaluation purposes. Reference was made to a recent article in the Corporate Report which featured the City of Hutchinson and its problems with tax increment financing. The suggestion was made that some response should be made to the article. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Alderman Beatty moved to approve the claims and authorize payment from the appropriate funds. Motion seconded by Alderman Carls and unanimously ap- proved. 12. ADJOURNMENT There being no further business, the meeting adjourned at 12:45 A.M. upon motion by Alderman Carls, seconded by Alderman Gruenhagen and carried unanimously. AFFIDAVIT • EFFECTIVE JULY 1, 1980 I ' 1.k a�a- -1 A C�', A-e— AM OVER 65 YEARS OF AGE,. OR I AM ON DISABILITY AS DEFINED BY THE SOCIAL SECURITY ADMINISTRATION, AND MY INCOME IS LESS THAN $5,000 PER YEAR. THE STANDARD CHARGE OF $6.00 FOR TRASH AND REFUSE- SERVICE WOULD IMPOSE A FINANCIAL HARDSHIP ON ME AND I THEREFORE ASK REDUCTION OF THE CHARGE TO $1.50 SIGNATURE STREET ADDRESS T� AA "el FOR OFFICE USE ONLY TO: WATER DEPARTMENT Date Account Number Data Change TO: CITY COUNCIL Council Action: Approved DATE Disapproved 09 Mayor James DeMeyer 25 2nd Ave. S.W. Hutchinson, MN 55350 Dear Mayor DeMeyer: 4iUTCHINSON FIRE DEPARTMENT 205 Third Avenue South East HUTCHINSON, MINNESOTA 55350 On Friday, March 11, 1983, at about 4:30 P.M., Sgt. Ronald Kirchoff and Officer Michael Hogan responded to a 2 vehicle headon collision about 4 miles west of Hutchinson on Highway 7. Upon arrival at the accident scene, they found that the 2 vehicles were both in the north ditch. They both immediately went to the car that had turned onto its side. The car was about to roll over onto its top and into a water filled ditch. There was a thin amount of ice on the water but not enough to hold their weight. Sgt. Kirchoff and Officer Hogan both waded into water over their waists to assist the victims. Officer Hogan held the car from tipping over into the water and Sgt. Kirchoff aided the severely injured passenger of the vehicle. The car was so close to the water that her head had to be held up to keep her from drowning. Had the car rolled over into the ditch, she would have drowned. When I arrived at the scene with the Rescue Squad, Sgt. Kirchoff was in the water over his waist helping the ambulance team remove her from the car. While she was being removed, she informed Sgt. Kirchoff that her baby was someplace in the car and also her husband. Until that time, we didn't know there were 3 victims in the car. Sgt. Kirchoff started looking for the baby, but couldn't find it. After the Rescue Squad turned the car onto its wheels, we were able to find the baby and remove it from the car. All of these actions took about 20 -30 minutes. Sgt. Kirchoff and Officer Hogan were both working all this while in-extremely cold water and with very wet clothes; the temperature outside was about 30 degrees. Agt. Kirchoff and Officer Hogan both performed efforts above and beyond their call for duty. Both officers should be commended for their efforts. I sincerely believe that this is an example of the type of police department that Hutchinson has. These 2 officers are a direct reflection on Chief O'Borsky and the way he likes thing done. Ron and Mike are a credit to the citizens of Hutchinson and its surrounding area. As chief of the Fire Department, I would like to thank Ron and Mike for a job well done. Fire Chief, cc: Dean Ronald ky CJI-2 Sgt. Ronald Kirchoff Orlin Henke Officer Michael Hogan 12) 587 -5151 rY OF HUTCHINSON aSHING TON AVENUE WEST 9NSON, MINN. 55350 DATE: March 15, 1983 TO: Mayor and City Council FROM: Director of Engineering RE: Second Avenue S.E. Municipal State Aid Project Several years ago, when curb and gutter was installed on Second Avenue from Adams Street to Erie Street, the distance was 41 feet face to face of curb to.conform to utility facilities in the street. I have been informed that it will be necessary to restrict parking on one side of the street to meet the present day requirements for Municipal State Aid Streets. This has been done in the past by the City,on Lynn Road, a Municipal State Aid Street, when it was necessary to restrict construction to save trees, as requested by the residents. I recommend the attached Ordinance be approved. Marlow V. Priebe Director of Engineering MVP /pv attachment —J' ORDINANCE NO. 4/83 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 THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA DOES ORDAIN: SECTION I. It shall be unlawful for any firm, person or corporation to park a motor vehicle or other vehicle in the City of Hutchinson on the South side of Second Avenue Southeast between Adams Street and Huron Street. SECTION II. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not more then three hundred dollars ($300.00) or by imprisonment for a period of not more than ninety (90) days. SECTION III. All ordinances and parts of ordinances inconsistent with this ordinance are hereby repealed. SECTION IV. This ordinance shall be in force and effect from and after its publication. Adopted by the City Council this day of , 1983. James G. DeMeyer ATTEST: Mayor Gary D. Plotz City Clerk 0 RESOLUTION NO. 7352 0 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Traffic Paint 2,149.7 Street /Sidewalk Marking Street Yes E. F. Anderson & Associates Nalco 7122 1,532. Treatment Plant Chemical Sewer Yes Nalco Chemical Co. 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 Resolution submitted for Council action by: 6 -c. EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL 2136.65 4364.24 32157.00 27792.76 0.14 FEBRUARY CITY OF HUTCHINSON FINANCIAL REPORT - 1983 FEBRUARY REVENUE REPORT - GENERAL FUND CURRENT YEAR TO ADOPTED BALANCE PERCENTAGE 6300.00 MONTH DATE ACTUAL BUDGET REMAINING USED TAXES 0.00 0.00 947331.00 947331.00 0.00 LICENSES 12.00 56.00 16400.00 16344.00 0.00 PERMITS AND FEES 4362.94 8839.23 36700.00 27860.77 0.24 INTER - GOVERNMENT REVENUE 0.00 34076.78 988115.00 954038.22 0.03 CHARGES FOR SERVICES 14614.75 30118.40 283138.00 253019.60 0.11 FINES & FORFEITS 1770.00 3926.53 30000.00 26073.47 0.13 MISCELLANEOUS REVENUE 13792.72 25685.52 185300.00 159614.48 0.14 CONTRIBUTIONS FROM OTHER FUNDS 0.00 0.00 373000.00 373000.00 0.00 REVENUE FOR OTHER AGENCIES 550.07 920.16 200.00 - 720.16 4.60 TOTAL 35102.48 103622.62 2860184.00 2756561.38 0.04 EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL 2136.65 4364.24 32157.00 27792.76 0.14 CITY ADM. /CITY CLERK 8143.93 16539.29 99862.00 83322.71 0.17 ELECTIONS 0.00 0.00 6300.00 6300.00 0.00 FINANCE 12171.51 21882.94 150335.00 128452.06 0.15 MOTOR VEHICLE 4180.33 9480.63 53568.00 44087.37 0.18 ASSESSING 0.00 0.00 18164.00 18164.00 0.00 LEGAL 2152.75 5285.33 28385.00 23099.67 0.19 PLANNING 65.49 115.49 3375.00 3259.51 0.03 CITY HALL 1956.83 6362.21 41441.00 35078.79 0.15 OLD ARMORY 1036.01 3244.24 24275.00 21030.76 0.13 POLICE DEPARTMENT 41455.59 89120.40 542869.00 453748.60 0.16 FIRE DEPARTMENT 392.13 6846.63 73355.00 66508.37 0.09 COMMUNITY SERVICE OFFICER 1917.83 4175.91 29016.00 24840.09 0.14 PROTECTIVE INSPECTIONS 3136.52 6761.26 40275.00 33513.74 0.17 CIVIL DEFENSE 25.25 25.25 475.00 449.75 0.05 SAFETY COUNCIL 0.00 0.00 150.00 150.00 0.00 FIRE MARSHALL 2521.47 5311.54 33340.00 28028.46 0.16 ENGINEERING 11054.51 22889.56 139372.00 116482.44 0.16 STREETS & ALLEYS 16254.23 32875.86 297882.00 265006.14 0.11 STREET MAINTENANCE A/C 29.71 8507.72 65725.00 57217.28 0.13 LIBRARY 438.12 13145.99 56285.00 43139.01 0.23 SENIOR CITIZEN CENTER 782.06 2093.14 13089.00 10995.86 0.16 PARK /REC. ADMIN. 4299.57 8978.88 56302.00 47323.12 0.16 RECREATION 4105.27 7527.44 67181.00 59653.56 0.11 CIVIC ARENA 6057.14 16552.03 96723.00 80170.97 0.17 PARK DEPARTMENT 15447.66 38511.70 265228.00 226716.30 0.15 CEMETERY 1795.03 3746.60 37379.00 33632.40 0.10 COMMUNITY DEVELOPMENT 0.00 0.00 6400.00 6400.00 0.00 LAWCON 0.00 0.00 114055.00 114055.00 0.00 DEBT SERVICE 0.00 15850.00 104558.00 88708.00 0.15 AIRPORT 167.82 13717.38 50625.00 36907.62 0.27 TRANSIT 4401.73 9290.25 66646.00 57355.75 0.14 UNALLOCATED 0.00 990.31 245392.00 244401.69 0.00 TOTAL 146125.14 374192.23 2860184.00 2485991.77 0.13 1 Q 0 FEBRUARY CITY OF HUTCHINSON FINANCIAL REPORT - 1983 FEBRUARY 112205.00 ENTERPRISE FUNDS SUPPLIES, REPAIR & MAINTENANCE 288.14 288.14 REVENUE REPORT - LIQUOR FUND CURRENT YEAR TO ADOPTED BALANCE PERCENTAGE 28550.00 MONTH DATE ACTUAL BUDGET REMAINING USED LIQUOR SALES 28894.88 58733.22 476100.00 417366.78 0.12 WINE SALES 8804.14 16996.28 121900.00 104903.72 0.14 BEER SALES 33060.95 66368.12 552000.00 485631.88 0.12 BEER DEPOSITS - 216.03 - 329.20 0.00 329.20 97363.37 MISC. SALES 921.89 1767.66 0.00 - 1767.66 0.00 CASH DISCOUNTS - 143.77 - 401.85 0.00 401.85 118959.93 TOTAL 71322.06 143134.23 1150000.00 1006865.77 0.12 EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 10403.88 19123.26 112205.00 93081.74 0.17 SUPPLIES, REPAIR & MAINTENANCE 288.14 288.14 4100.00 3811.86 0.07 OTHER SERVICES & CHARGES 1906.16 1906.16 28550.00 26643.84 0.07 MISCELLANEOUS 279.00 279.00 6650.00 6371.00 0.04 CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 DEBT SERVICE 0.00 0.00 5110.00 5110.00 0.00 TRANSFERS 0.00 0.00 110000.00 110000.00 0.00 COST OF SALES 69035.10 97363.37 883450.00 786086.63 0.11 OTHER 0.00 0.00 17200.00 17200.00 0.00 TOTAL 81912.28 118959.93 1167265.00 1048305.07 0.10 REVENUE REPORT - WATER SEWER /FUND FEDERAL GRANTS 0.00 19622.00 0.00 - 19622.00 0.00 WATER SALES 31386.09 63988.31 425800.00 361811.69 0.15 WATER METER SALES 0.00 601.30 5000.00 4398.70 0.12 REFUSE SERVICES 18846.00 35007.00 230000.00 194993.00 0.15 SEWER SERVICES 40140.18 81586.95 507500.00 425913.05 o.16 PENALTY CHARGES 694.83 1151.13 0.00 - 1151.13 0.00 INTEREST EARNED 2498.06 6108.06 55000.00 48891.94 0.11 REFUNDS & REIMBURSEMENTS 0.00 0.00 0.00 0.00 0.00 OTHER 0.00 60.00 4000.00 3940.00 0.02 TOTAL 93565.16 208124.75 1227300.00 1019175.25 0.17 EXPENSE REPORT - WATER SEWER /FUND OPERATIONS 31661.20 67409.38 1043253.00 975843.62 0.06 WATER 97223.49 322317.85 123206.00 - 199111.85 2.62 SEWER 719.60 11838.58 167318.00 155479.42 0.07 TOTAL 129604.29 401565.81 1333777.00 932211.19 0.30 MINUTES HUTCHINSON PLANNING COMMISSION TUESDAY, FEBRUARY 15, IQ83 1. CALL TO ORDER The regular meeting of the Hutchinson Planning Commission was called to order by Chairman Don Erickson at 7:30 P.M., with the following members present: Roland Ebent, Dr. Thomas Lyke, Jim Johnson, Larry Romo and Chairman Erickson. Absent: Ted Beatty and Elsa Young. Also present: City Engineer Marlow Priebe, Building Official Homer Pittman, Fire Marshal George Field and City Attorney Jim Schaefer. 2. MINUTES The minutes of the regular meeting dated Tuesday, January 18, 1Q83, were approved on a motion by Larry Romo. Seconded by Jim Johnson, the motion carried unanimously. 3.. PUBLIC HEARINGS (a) CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT SUBMITTED BY MR. DUANE LARSON The hearing was opened at 7:37 P.M. by Chairman Erickson with the reading of publication 03015 as published in the Hutchinson Leader on Thursday, February 3, 1983• The request is to allow the moving in of a 9' by 14' utility storage shed onto the owner's property at 670 Southview Drive. After discussion, the hearing was closed at 7:34 P.M. on a motion by Mr. Johnson. Seconded by Mr. Ebent, the motion carried unanimously. A motion was made by Mr. Romo to recommend to the City Council approval of the requested Conditional Use Permit, contingent upon the owner obtaining the appropriate building permit and anchoring the building when the weather permits. Seconded by Dr. Lyke, the motion carried unanimously. (b) CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT SUBMITTED BY PURE CULTURE FOOD PRODUCTS The hearing was opened at 7:3q P.M. by Chairman Erickson with the reading of publication 03071 as published in the Hutchinson Leader on Thursday, February 3, 1Q83• The request is to allow the installation of a bulk liquid oxygen system in an IC -1 zone. City Administrator Plotz explained that this request is the same as the request of July 1980, which had previously been granted. The six 7-1— month period in which to use the permit had run out and Pure Culture Products was reapplying for the same permit. City Administrator Plotz also noted that the DNR had no objection to the placement of the system in a flood fringe zone. Mr. Julius Rainwater of Pure Culture Food Products was present to explain the placement of the system, and why it was necessary for Pure Culture Products to install such as system at this time. A video tape of the proposed site was shown. After discussion, the hearing was closed at 7:u5 P.M. on a motion by Mr. Romo. Seconded by Mr. Ebent, the motion carried unanimously. A motion was made by Mr. Ebent to recommend to the City Council approval of the requested Conditional Use Permit. Seconded by Mr. Romo, the motion carried unanimously. (c) CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT SUBMITTED BY MR. GEORGE THELEN The hearing was opened at 7:47 P.M. by Chairman Erickson with the reading of publication $3022 as published in the Hutchinson Leader on Thursday, February 3. 1083. The request is to allow the construction of a convenience store — and gas — in a C -4 zone. Mr. Jerry Tilden of Kuhlmann & Associates and Mr. George Thelen, prospective property owner were present to explain their request. Photographs of similar stores were presented. Maps detailing store layout were shown, as well as a video tape of the proposed store site. Mr. and Mrs. Earl McBride were present to question the location of the store. Mr. Tilden explained that in other places where the stores have been put it nearby residents have found them to be handy, and property values have not been adversely affected. The hearing was closed at 7:52 P.M. on a motion by Mr. Romo. Seconded by Mr. Johnson, the motion carried unanimously. City Administrator Plotz asked the Commission to consider the variance request submitted by Mr. Thelen for the same property before action was taken on the conditional use permit. (d) CONSIDERATION OF A REQUEST FOR A VARIANCE SUBMITTED BY GEORGE THELEN The hearing was opened by Chairman Erickson at 7:53 P.M. City Administrator Plotz explained that at the time the variance application was made, it was not known that the state owns a 16 and 112' strip of land on the east end of the property. Until the exact . 4 - • • property line is known, it would be difficult to make a decision on the variance as requested. After discussion of various layout options, the City requested that Mr. Thaler obtain, a survey. After the survey is made a new variance request can be submitted as recommended, if he so desires. A motion was made by Mr. Johnson to continue the hearing until the next regular Planning Commission meeting. Seconded by Dr. Lyke, the motion carried unanimously. 4. OLD BUSINESS (a) REVIEW OF FINAL PLAT FOR V. & H. JORGENSON SUBDIVISION City Engineer Priebe explained that according to Ed Boman's office, the agricultural zoning remains as requested by the Planning Commission.. After discussion, it was the consensus of the Planning Commission to recommend to the City Council the approval of the final plat for the V.& H. Jorgenson Subdivision. 5. NEW BUSINESS (a) ELECTION OF OFFICERS Chairman Erickson stated that nominations were open, for chairman. Mr. Johnson made a motion to nominate Larry Romo for the office of chairman. Seconded by Mr. Ebent, the motion carried unanimously. No other nominations were received. An unanimous vote was cast for Larry Romo as chairman.. Chairman Erickson opened nominations for Vide - Chairman. Mr. Romo made a motion to nominate Roland Ebent for Vice - Chairman. Seconded by Dr. Lyke, the motion carried unanimously. No other nominations were received. An unanimous vote was cast for Roland Ebent as Vice - Chairman. Chairman Erickson opened nominations for Secretary. Dr. Lyke made a motion to nominate Elsa Young for secretary. Seconded by Mr. Romo, the motion carried unanimously. No other nominations were received. An unanimous vote was cast for Elsa Young as Secretary. 6. ADJOURNMENT On a motion by Mr. Johnson, the meeting adjourned at 8:26 P.M. Seconded by Dr. Lyke, the motion carried unanimously. PARKS & RECREATION ADVISORY BOARD Wednesday, February 2, 1983 City Hall Auditorium Members Present: Mike Carls, Ward Haugen, Rollie Jensen, Kathy McGraw and Roy Johnsen. Also present were, Bruce Ericson, John McRaith, Mary Haugen, Barb Haugen and Karen McKay. Guests Present: Bob Amiot, Henny Pellinen, Babe Theis, Maureen Wild and Clarise Coston. Warm Room at the Civic Arena Bruce introduced Bob Amiot, President of the Youth Hockey Association. Henny Pellinen, Babe Theis and Maureen Wild were representing the Figure Skating Association. Mr. Amiot presented to the board a suggestion that the area above the arena office, concession stand, skate sharpening room and bathrooms be converted into a "warm room" /meeting room. It would also have an area for storage. The Figure Skating Association representatives thought that they too would be able to utilize a "warm room ". At the past Y.H.A. meeting other items that were discussed were possible re- placement of the scoreboard, the purchase of an air dryer /dehumidifier and the heating of the bleacher area at the arena. Amiot also mentioned that the association is considering renting the arena for its Annual Awards cere- mony. Ward Haugen said that he would like to see a concrete commitment from the Youth Hockey Association on the possible funding or partial funding of the "warm room ". Rollie Jensen thought that the scoreboard could be an item that is budgeted for maybe five years. Bruce and Mary will work on getting dona- tions on a new scoreboard. Arts & Crafts Show and the Gun Show In the past, the Civic Arena was used as a rainout location for the Arts and Crafts Show. The show is scheduled for the third weekend in September. Dale Harbarth contacted Mary about renting the arena for the same weekend as the Arts & Crafts Show. Last year $375 rent was paid to the arena for the Gun Show while nothing was received for reserving the arena for a rain - out location for the Arts & Crafts Show. Mike Carls felt that the city had a previous agreement with the Ambassadors for the Crafts show, Ward Haugen agreed. Mike made a motion to allow the Ambassadors to use the Civic Arena as a rainout location for 1983, Kathy McGraw seconded the motion. The board agreed unanimously. It was felt by the board that the agreement be put down in writing by the city council with the Ambassadors. West River Park West River Park was included in the campground survey. Campers with hookups would be charged $5, without hookups- $3. $3 would also be charged to any- one staying in a tent. Ward Haugen made a motion to approve the new charges at West River Park, Mike Carls seconded the motion and the board unanimously agreed. Bruce also mentioned that the "pit" areas would be replaced by grills that have been budgeted for in 1983. 7 c, Parks 5 Recreation Advisory Board Wednesday, February 2, 1983 Page two Summer Program Some changes in the 1983 Summer Program include an organized playground be- tween summer school classes with registration being covered in the summer school class fee. There will hopefully be a mass registration day for all swimming, T -Ball, and summer school programs, and taking place at one loca- tion. Another change will be kicks and mini soccer moving to mornings. A week long day camp was added with summer staff supervising, it will take place at the end of the summer programs. It would end with an overnite camp out. Ward Haugen also asked about roller skating at the arena- he was in favor of continuing it, despite the opening of the new roller rink. Mary told the board that he was planning on continuing roller skating at the arena with fewer sessions and more special events. Recreation Facility Committee Bruce told the board that the seven members of the board would be included in the 20 members of the Recreation Facility Committee,researching the pos- sibilities of a new facility. 3M Iltxer Fee A copy of the letter sent to the 3M Club was passed out to the board. At the time of the meeting there was no response from the club. Roy Johnsen. told the board he would check with Harold, club president, on the matter. Gymnastics Patrick Rooney is conducting a private gymnastics program at the Elks Club after inquiring about the Recreation Department's gymnastics program. His "parents letter" and registration information were passed out to the board. Skating Facilities Bruce told the board that with the ice rinks open there has been a problem with hockey being played at the same time that skaters are at North Jaycee Park and the Elementary School. Hockey players will be told that if there Are no skaters at the rinks, they will be able to play hockey. Other Business Roy Johnsen brought to the board's attention that the Sunny's Antiques build- ing is for sale, and that it would be a good addition to the current Girlscout Park park now located just north of the building on the Crow River. Adjournment Rollie Jensen made a motion to adjourn the meeting at 7:00 p.m., Roy Johnsen seconded the motion. klm 0 MINUTES Tree Board February 15, 1983 • Members Present: Jerry Brown, Roy Johnsen and Mark Schnobrich. Members Absent: Ivan Larson, Mrs. Axel Jensen and Mike Carls. Special Guest: Ken Merrill, City Accountant Due to the lack of a quorum, no formal business meeting was held. Items discussed by members present were as follows. ARV Law Suit Attorney, Jim Schaefer will be meeting with the Attorney representing Anderson River Valley Tree Service on Thursday, February 17th. Jim will be reporting on the transactions of that meeting at the next scheduled Tree Board meeting. Tree Vandalism _ Schnobrich reported that he had received a list of damage to trees from vandalism for the years 1979, 80, 81 and 82 from the Butchinson Police Department. The discussion with Chief, Dean O'Borsky yeilded his support in the matter, but no formal policy to deter such activity was decided upon. Twenty -five incidents were reported from January 1979 to December 1982. The board members present did not arrive at a formal answer for stopping the van- dalism problem, but member, Roy Johnsen requested that Schnobrich submit the police report to the local publisher and request that he undertake writing an article on the subject in order to make known the severity of the problem. 1982 Budget Allocation and Transfer City Accountant, Ken Merrill submitted a memo to the board informing them that appropriate monies had been forwarded from the 1982 funds for purchase of the spring 1983 trees. Roy Johnsen suggested that Schnobrich keep track of all revenue from wood sales, which includes such sources as firewood sales, tree sales, Arbor Day donations, and log sales. Also suggested was that Schnobrich get together with Bruce Ericson and Ken Merrill and commence work on the 1984 Budget request now, which would include a request for council contribution to the tree purchasing portion of the budget. Millers Woods, Prairie Restoration Roy Johnsen suggested that instead of taking monies for such a project, as Prairie Restoration, that these funds be utilized for the purpose of tree purchases in- sted. That although he and Jerry Brown were not against such a project, they felt more people could be benefited by purchasing additional trees for the plant- ing on city boulevards. The meeting was adjourned at 8:30 p.m. Submitted by Mark C. Schnobrich f �, (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: March 14, 1983 TO: Mayor and City Council FROM: Director of Engineering RE: Franklin Street Improvement On December 29, 1982, you approved some of the proposed improvements for 1983 construction. Section 14 - Franklin Street from Second Avenue S.W. to Fourth Avenue S.W. was not approved. The work that was approved in 1982 for this area, will provide for additional on- street parking; however, until full street work is completed, we may find the public not utilizing it fully. I, therefore, request that you reconsider all or part of this section for improvement in 1983. Marlow V. Priebe Director of Engineering MVP /pv s r" (612) 587 -5151 r CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: March 17, 1983 TO: Mayor and City Council FROM: Director of Engineering RE: 1983 Construction Projects The plans and specifications have been completed on all of the sections approved for 1983. The Municipal State Aid section has been submitted to the Minnesota Department of Transportation for approval. I recommend approval of the plans and specifications presented and that we advertise for opening of bids on April 25th, 1983 at 2:00 P.M. As soon as we receive approval of the MSA Section, they will be submitted for your approval and letting date selected. I would expect to have a report ready for the Council Meeting on April 26th, relative to a date for the Assessment Hearing for the work bid on the 25th: MVP /pv Marlow V. Priebe Director of Engineering -,4 t 9 9 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Resolution No. 7353 Project No. 83 -01 -1, 83 -01 -2, 83 -01 -4, 83 -01 -5, 83 -01 -6, 83 -01 -7, 83 -01 -8, 83 -01 -9, 83- 01 -10, 83- 01 -15, 83 -01 -18 & 83 -01 -19 WHEREAS, pursuant to a resolution passed by the council on December 29th, 1983, the City Engineer has prepared plans and specifications for the improvement of the following by the construction of: Watermain ----------------------- On Fair Ave. from Monroe St. to T.H. 22 On T.H. 22 from Fair Ave. to Oakland Ave. Waller Drive from Bluff St. to 400' S.E. Grading--- - - - - -- On Lindy Lane and Hilltop Drive in Kimberly's Country Estates Curb & Gutter & Base-------- - - - -On Boston St. from Atlanta Ave. to Baltimore Ave. On Baltimore Ave 15 On Bradford St. Add. On Sherwood St. 2nd Add. from Boston St. to T.H. in Schmidtbauer's 2nd in Schmidtbauer's 1st & On Lindy Lane from Garden Drive to 550' East Grading, Base, Curb & Gutter, Surfacing & Sidewalk-------- - - - -On 1st Ave. S.W. from Main St. to Franklin St. Grading & Surfacing--------- - - - -On Jackson St. from McDonald Drive to Roberts Road Sidewalk-------------------- - - - -On Jefferson St. from Washington Ave. to 3rd Ave. S.E. On Washington Ave., 1st Ave. S.E., 2nd Ave. S.E. & 3rd Ave. S.E. from Hassan St. to Adams St. On Adams St. from Washington Ave. to Fair Ave. and has presented such plans and specifications to the council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official newspaper and in The Construction Bulletin, an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be opened and considered by the council at 2:00 p.m. on April 25th, 1983, in the Council Chambers of the City Hall, Hutchinson, Minnesota, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the clerk for 10 per cent of the amount of such bid. Adopted by the council this 22nd day of March, 1983• Mayor Clerk 9 0 INSTANT MEMO ` To: Police Department From: Marilyn Swanson Subject: Running Event on June 5, 1983 �) Daie• April 7, 1983 The attached item will be on the Council Agenda for April 12, 1983. Do you have any comments or suggestions regarding the running event requested. If so, please submit them to me by Tuesday, April 12. NAME TITLE AIRPORT /COMPANY ADDRESS CITY /STATE /ZIP 0 MINNESOTA COUNCIL OF AIRPORTS Saint Paul Downtown Airport Saint Paul, Minnesota 55107 1ST ANNUAL MEETING MINNESOTA COUNCIL OF AIRPORTS BUSINESS MEETING & CONFERENCE April 28 and 29, 1983 Thunderbird Motel - Bloomington, Minnesota REGISTRATION FORM Douglas McGraw Chairman of Airport Commission City of Hutchinson Municipal Airport 725 Harmony Lane (Home Address) Hutchinson, MN 55350 Conference Meal Fee $15 Advance - $20 At the Door MAIL TO: MINNESOTA COUNCIL OF AIRPORTS c/o Tim Callister, Airport Manager Administration Building Saint Paul Downtown Airport Saint Paul, Minnesota 55107 /o -a J 0 x IlMERFRS, James Jofjnson $as serveb feje C{fy well as a member of ffje Planninq Commission for ffje pasf one (1) year :Mb ffjree (3) monffjs; Bi- F-uAS, saib James Jofjnson fjas serveb faiffjfullg anb bil{genfiy 9'v{ng of Fjis fime anb falenfs fowarb f£je enricfjmenf of ffje C{fy, NOR! THEHFFM , 8F IT FF50LVED BY THE CIT?I COUNCIL OF THE CIT,4 OF 14UTCHINSON, XIINN'E50TA: THAT, beep appreciafion is fjerebg expresseb fo James Jofjnsoa for fjis afore - menf{oneb services nnb ffje grafifube of Hufcfjinson aub ffje c {f {zcns ffjereof is fjerebg expresseb. Abopfeb bg f$e Cify Council ffj {s t2ffj bay of April, 1983. Gary D. Tlofz Mg Clerk /o -�, 6 0 April 11, 1983 Honorable Mayor & City Council Members City Hall Hutchinson, MN 55350 Dear Sirs: Considerable time has passed since estimates were established for the burying of electrical facilities in the S & L Block and across the library square property. The estimate of $4,000.00 to cross the library square property was based on going straight across from the alley north of Washington Avenue to the alley behind the old S & L building. Rather than see the entire underground project dropped because of this $4,000.00 figure, Hutchinson Utilities Commission will absorb this cost_ However, if the council still wishes the electric lines to go around the perimeter of the park, an additional charge of $2,500.00 will have to be assessed. Sincerely, HUTCHINSON UTILITIES COMMISSION R. H. Alexander General Manager 1p /o -.6- �z c 4 III 3 2 1 CROW 2ND SJ� SECC AVE_ N E. _'� -- u 10 I r 10 4j 3 6 Y i 7 I 4 7 4 p 7 -- T 5 ° 6 S 6 5 e ° N0Ri HWEST FIRS h AVENUE THEAST y 10, i)i 5.117 � .�. -` 9 w // �- — -1 F- ------9 - - -9 - ', � 2 9 _ t 8 8 3 W =^ 8 3 ° W 3 8 `� W 7S - -- - cr - - sU. /1 7J1 t A7, G 4 1- 7 2-f. /O in Tl5 2 7A 6 S � •• /// n a. is _Ol °mss? a Jnivss '�' ScHoo� �SouTN�asr I 1G IVENUEL►siQ M101 R�tID�Nt� le BLS _ - -Oi U2 a }3 Ill 1 10 dil , 10 _i_° ° 10 � 999 Q 8 3 En 7 �4 7 cr Z x 6 �3 %!d ° 6 S tt .t Z = SOUT ESTII, FIRS f, e SOUjHEAST r i]2 , I 10 I Io f..l 10 I 9 1 %'/f „ 9 2 9 I ? g 8 3 8 J 7 7 N q 7 n 4,25. 7 4 6 i mu DUTH4ST SECOND ENUE SOU EAST . )S,If F to 1 9 37.8 W .. } �i? 47 s * 2 W ; J t N -- N _ to .; 1 n Z Q WASHING TON / sl AVE S. E. AVE SHRUBS I W I J�O SOFT. O i . W O O) I Q H H Q Z r� COUNCIL MINUTES JULY 13, 1982 i (h) OPTION FOR PRESENTATION IN CONNECTION WITH WHAT FINDINGS REGARDING TAR INCREMENT FINANCING AS PROPOSED (REQUESTED BY MAYOR DEMEYER) This item was deleted from the Agenda. (i) CONSIDERATION OF STATUS OF UNSIGNED AIMEND`ENT TO THE TAX INCREMENT FINANCING PLAN FOR DEVELOPMENT DISTRICT NO. 4 (RESOLUTION NO. 7140) City Attorney Schaefer reported that the City Ordinance, Section 100:25, Subd. 2 states: "Every ordinance and resolution passed by the Council shall be signed by the Mayor or by two other Council members, attested by the City Clerk, and filed by the Clerk in the ordinance or resolution book." Following discussion, it was moved by Alderman Beatty to authorize two City Council members, pursuant to City Charter, to sign and execute Reso- lution No. 7140 in the event the Mayor does not sign. Seconded by Alder- man Mlinar. Alderman Beatty amended the motion to add "within three days time." Seconded by Alderman Mlinar, the motion unanimously carried. Alderman Beatty moved to direct the City Administrator to sign the neces- sary documents. Alderman Mlinar seconded the motion, and it unanimously carried. (j) CONSIDERATION OF UTILITY COMMISSION CORRESPONDENCE REGARDING UTILITY COSTS FOR S&L BLOCK After discussion, it was the consensus of the Council that the City should not have to spend an additional $4,000.00 for utility work. The Council had already authorized $10,000.00 for burying the electric utilities in the S&L block. Developer Jim McClure stated that he would not drop the project because of an additional $4,000.00 expense. Discussion then followed regarding the location of the underground feeder wires. The motion was made by Alderman Gruenhagen that the City Council take a stand not to spend more than $10,000.00 for electric utilities relocation on the S&L project. Seconded by Alderman Carls, the motion unanimously ap- proved. (k) CONSIDERATION OF RESOLUTION AUTHORIZING THE SALE OF TAX INCREMENT BONDS IN THE AMOUNT OF $135,000 (PRESENTATION BY BILL FAHEY OF EHLERS 6 ASSOC.) Mr. Bill Fahey of Ehlers S Associates presented Resolution No. 7234 per- taining to the $135,000 General Obligation Tax Increment Bonds of 1982 and the sale of same. -12- i16- -1,, 1 $; 1) 1 9 REGULAR MEETING - TUESDAY, CALL TO ORDER 0 MINUTES HUTCHINSON CITY COUNCIL MAY 25, 1982 The meeting was called to order by Vice -Mayor Gruenhagen at 7 :30 P.M., with the following present: Alderman Mike Carls, Alderman John Mlinar, and Alderman Ted Beatty, in addition to Vice -Mayor Kenneth Gruenhagen. Absent: Mayor James G. DeMeyer. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe. 2. INVOCATION 3 !1 In the absence of a pastor to give the invocation, there was a time of silent prayer. MINUTES The minutes of the Special Meeting dated April 21, 1982 and Regular Meeting dated May 11, 1982 were approved as presented upon motion by Alderman Beatty and seconded by Alderman Mlinar. Motion unanimously approved. PUBLIC HEARING (a) 8:00 P.M. AMENDMENT OF TAX INCREMENT FINANCING PLAN FOR DEVELOPMENT DISTRICT NO. 4 Vice -Mayor Gruenhagen read the Notice of Public Hearing, Pub- lication No. 2922, regarding an amendment to the original Tax Increment Financing Plan as adopted and amended in order to ac- complish specific modifications. He then inquired if there was anyone present to be heard. Mr. Gayle Wick inquired if District No. 4 was, in fact, considered a redevelopment district. The answer was in the affirmative. Mr. Wick then questioned the bond consultant and finance consultant regarding their involvement with a lawsuit in Eden Prairie concern- ing a redevelopment district. He asked for a differentiation bet- ween development and redevelopment districts. Mr. Wick pointed out that in his opinion what was being termed "redevelopment" should perhaps be classified as "development" in Hutchinson. It was moved by Alderman Beatty to close the public hearing at 8:09 P.M. Seconded by Alderman Mlinar, the motion unanimously carried. Discussion was given to the four cost options of the S & L pro - ject presented at the S & L Rehabilitation Workshop held May 24, 1982. Council Minutes Tuesday, May 25, 1982 Alderman Beatty moved to approve the amendment to the tax increment plan and finance plan under Option No. 3 in the amount of $145,000.00. The motion died for lack of a second. Alderman Carls moved to proceed with the basic building in Option No. 1 in the amount of $125,000.00 and include burying the electric service for an additional $10,000.00, for a total amount of $135,000.00. The motion was seconded by Alderman Beatty. OD Mr. Bill Fahey of Ehlers & Associates pointed out that the bond issue N amount was proposed at $175,000.00 for the amendment to the Tax Incre- ment Financing Plan for Development District No. 4 (Draft No. 2). It was his suggestion to delete Utility Service for $10,000.00, delete m Beautification (lighting, sidewalk and trees) for $40,000.00 and in- cc clude relocation of electric service for $10,000.00 for a total of Q $135,000.00. It was moved by Alderman Carls to amend his motion to read as stated by Mr. Fahey. Seconded by Alderman Beatty, the motion unanimously carried. Mr. Fahey informed the Council that on the first page of the Amend- ment to the Tax Increment Financing Plan for Development District No. 4 (Draft No. 2), it showed the original assessed value of the S & L building at $36,206.00. The current value of $35.497.00 was last year's figure (1981), and the 1982 assessed value was $21,840.00. The motion was made by Alderman Beatty to instruct the City Administrator to sign the necessary documentation, including Resolution No. 7140 en- titled Amendment to Tax Increment Financing Plan for Development Dist- rict No. 4 of City of Hutchinson, Minnesota. Seconded by Alderman Mlinar and unanimously carried. (b) 8:30 P.M. INDUSTRIAL REVENUE BOND /NOTE FOR REHABILITATION AND RENOVATION OF PROPERTY LOCATED AT LOT 10, BLK 13, SOUTH 112 CITY, AND CURRENTLY OWNED BY THE PARK SQUARE COMPANY, RON MCGRAW AND EDWARD MCCORMICK, GENERAL PARTNERS, HEREAFTER REFERRED TO AS THE S & L PROJECT Vice -Mayor Gruenhagen read the Notice of Public Hearing, Publication No. 2921 regarding A Proposed Project and the Issuance of Industrial Development Revenue Bonds Under the Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, As Amended. He inquired if anyone wished to be heard, and there was no response. It was moved by Alderman Beatty to close the public hearing at 8:36 P.M. Seconded by Alderman Mlinar and unanimously approved. ! (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WES T HUTCHINSOk MINN. 55350 M E M 0 DATE: April 12, 1983 TO: Mayor and City Council FROM: Director of Engineering RE: North 66' of Bretzke Property We have completed work on plans and specifications for grading, base, surfacing and curb and gutter for the North 66' of the parking area on the Bretzke Property. I recommend we advertise for bids on May 4, 1983, at 2:00 P.M. Marlow V. Priebe Director of Engineering MVP /pv )o , REGULAR COUNCIL MEETING APRIL 12, 1983 WATER $ SEWER FUND *U. S. Postmaster meter postage $ 700.00 Randy DeVries waste water conference 157.72 Merle Meece wastewater conference 71.67 Am. National Bank principal,interest & service fee 77,508.56 Hydraulic Specialty Co. repairs 1999.33 Pumps $ Supplies Inc. pump 788.15 Spraying Systems Co. supplies 186.37 Van Bergen $ Markson repair part 1079.93 Water Pollution Control membership dues for Meece & DeVries 24.00 Ag Systems Inc. repair part $ freight chgs. 205.71 Central Garage repair jobs for Jan. F, Feb. 232.20 Coast to Coast supplies 32.10 Commissioner of Revenue sales tax for March 611.70 Curtin Matheson Scientific supplies 201.40 Electric Motor Co. motor 82.00 Farm & Home supplies 14.23 Floor Care Supply Co. cleaning supplies 107.43 GTC Auto Parts supplies $ repairs 2.24 Gambles paint F, supplies 46.54 Pamida small tools 42.90 G g K Services uniform rental 86.25 Hutchinson Telephone Co. phone service 201.94 Hutch Utilities electricity & gas 11,748.75 Hutch Wholesale supplies 6.66 School Dist. 423 gasoline 423.62 Johnson Super Valu food coloring 3.15 Junker Sanitation March refuse hauling 18,058.95 Kustom Mechanical Service equipment 770.56 Mn. Mutual Life ins. April life ins. 41.80 McLeod Co. Sanitary Landfill March dumping charges 7.00 Mn. Valley Testing water testing 68.00 Nalco Chemical Co. chemicals 11,532.00 Nott Co, supplies 18.64 Plaza Ok Hardware supplies 4.18 Quades repairs 553.44 RCM fees 5910.01 R.E. Mooney $ Associates pressure rollers 3521.89 Schramm Implement parts 17.14 Shopko 2 raincoats 15.98 Sorensen Farm Supply supplies 38.60 STandard Printing window envelopes 218.35 State Treasurer PERA 329.49 State Treasurer Sec. Sec. 551.88 Water Products meter $ parts 1490.14 Gridor Construction construction costs 43,966.00 $ 183,678.60 // 'a- r WA GENERAL FUND Orlin Henke David Ogl Leslie Linder John McRaith Peg Tapper Acme Wash Inc. America Inn. Beacon Products Inc. Central McGowan Inc. Badge A Mint Carols Cafe Citizens Bank Cosmos Costumes Drivers License Guide Fire Protection Publication FISCO Hutch Police Dept. Gopher Stage Lighting Hutchinson Civic Arena Int'1 Soc. of Fire Service Kargs Kustom Kampers Lake Jennie Covenant Women Lauire Carlson & Associates MACI Star Cities Conf. Marks TV Service Mid Central Fire Inc. Northern States Supply People Pleasing Of Mn. Risk Control Inc. Safety Council Stewart Sandwiches SecurityBank F Trust First Bank of Mn. Midland Lines Office Products James Weckman Radisson So. Hotel Mn. Council of Airports Charles Bell Roger Bakken David Earlandson John Gregor James Haasl Michael Hogan Charles Jones Michael Kirchoff Ronald Kirchoff Wm. Mattsfield Dean O'Borsky Robert Ringstrom SCott Schwartz Richard Waage Apr. intown mileage $ 30.00 Star City Project 275.00 bus to Ice Follies 151.00 annual conference expenses 92.55 4 calligraphy classes- seniors 40.00 car washings 16.00 accomdations 100.37 field lining compound 360.00 supplies 16.80 padge parts 134.27 prisoner board 91.85 deposit tickets 1.21 ice show costumes 30.00 subscription 30.65 subscription 11.50 freight charges 11.10 burglary seminar 30.00 rental equipment 175.00 ice time 1550.00 membership dues 40.00 repairs 15.25 council workshop 88.00 power marker 634.10 2 registrations 80.00 repairs 6.00 equipment 3977.70 supplies 82.44 pretzels 27.00 prof. fees 387.50 per 1983 budget 150.00 arena supplies 170.94 repair parts 13.41 repairs 72.50 %bus fares 423.33 word processor seminar for 2 70.00 %airport gasoline 29.43 room reservations 325.00 conference 40.00 clothing allowance 150.00 clothing allowance 150.00 clothing allowance 150.00 clothing allowance 150.00 clothing allowance 150.00 clothing allowancw 150.00 clothing allowance 150.00 clothing allowance 150.00 clothing allowance 150.00 clothing allowance 150.00 clothing allowance 150.00 clothing allowance 150.00 clothing allowinEe 150.00 clothing allowance 150.00 3- Scott Webb clothing allowance $ 150.00 Wm. Wegner clothing allowance 150.00 George Field clothing allowance 125.00 David Erlandson property crimes school 80.50 James Haasl stress management school 29.21 Ron Kirchoff new shirt F, mileage 48.00 Allen Office supplies 77.51 American Welding Supplies chemicals 30.57 Big Bear supplies 93.39 Brandon Tire repairs 102.41 Brinkman Studios film,pictures $ processing 144.45 Central Garage repair jobs for Jan. & Feb. 5804.93 Carr Flowers flowers 25.95 Crow River Vet Clinic march services 161.00 Cash Drawer #4 supplies 33.02 Coast to Coast supplies 188.24 Coca Cola Bottling arena supplies 425.70 Crow River Reg. Library quarterly payment 11,521.25 Co. Treasurer photo copies 8.43 Co. Treasurer 20% maint. Levy Co. Ditch #18 147.86 Co. Treasurer dl fees for co. 111.So Culligan Water Condition salt $ monthly service 31.30 Crow'River Press Inc. 500 sheets paper 20.10 Crow River Glass Co. repairs 32.70 Co. Recorder use permit F, variance 10.00 Family Rexall Drug supplies 224.61 Bruce Ericson annual meeting 86.10 Farm $ Home supplies 455.51 Floor Care Supply cleaning supplies & repairs 332.55 Fire Extinguisher Sales recharges 237.08 Great Plains Supply supplies 59.01 GTC AutoParts parts $ supplies 479.46 Gambles mar. invoices 95.31 Pamida supplies 100.53 G.F. Nemitz Sons plastic 3.50 Gravely parts 222.66 G $ K Services uniform rental 445.41 HAVTI Star City promotion tapes 522.40 Hutch Cennex Coop. heating oil 436.50 Henrys Candy Co. arena supplies 838.38 Home Bakery Inc. supplies 25.59 Hutch Drug supplies 19.74 Hutch Iron $ Metal iron 45.70 Hutch Leader publication costs 635.64 Hutch Telephone phone service 2264.33 Hutch Utilities electricity P, gas 14,504.89 Hutch Wholesale supplies 132.53 Ind. School Dist. 423 custodian F, lifeguard services 493.60 Ind. School Dist. 423 gasoline 3433.49 Ink Spots Inc. supplies $ printing 173.00 Int'1 Assn. of Chief of Police dues 24.00 Jahnkes Red Owl supplies 45.88 Jerabek Machine Shop supplies 23.24 Johnson Super Value arena supplies 33.56 James De Meyer apr. office expenses 300.00 L & P. Supply supplies 331.05 -4- $ 80,131.69 1981 Parking Rev. Bonds Sharstrom Plbg. repairs heater Plowman Bldg. 50.00 Mun. Utilities electricity Plowman Bldg. 28.05 Bonds of 1972 National City Bank interest & service fee 1737.50 Bonds of 1971 First Natl Bank of Mpls. interest 4 service fee 332.50 Federal Rev. Sharing Health Planning & Management fees for Elderly Planning Contract 1200.00 $ Lamberts Standard Service car maintenance 12.00 League of Mn. Cities LMC building fund 1130.00 Mn. Mutual Ins. Co. April life ins. 514.72 MacQueen Equipment Inc. parts 672.60 Marco Bus. Products typewriter repair 68.85 McLeod Coop Power Assn. electricity 804.59 Kenneth Merrill mileage 58.15 Mason Publ. Co. Mn. Session Laws 15.50 McGarvey Coffee Inc. coffee 73.20 Mikes Pro. Shop jackets 126.43 Northland Beverage arena supplies 274.84 Plaza OK Hardware supplies_ -. 89.63 Gary Plotz Apr. intown mileage 313.72 Marlow Priebe State Planning meeting 208.94 The Patco Co. supplies 519.40 Rannow Electric electrical repairs 110.38 Rockite Silo Inc. supplies 23.60 State Theatre Apr. office rental 325.00 Sewing Basket alterations 4 cover 66.00 Schlueter Refrigeration repairs 422.95 Schmeling Oil Co. oil $ fuel oil 2298.03 Schramm Implement repairs 868.05 Simonson Lbr. Co. supplies 10.60 Sorensen Farm Supply supplies 10.70 State Treasurer surcharges 960.00 State Treasurer PERA 3696.15 State Treasurer Soc. Sec. 4698.76 James Schaefer April fees 1421.37 Texgas Corp. repairs 116.00 Tri County Water Cond. salt 18.90 Tombstone Pizza arena supplies 244.20 Velvet Coach Inc. meeting 15.31 Xerox Corporation supplies $ contract payment 270.76 West Publ Co. Mn. Session Law 83 44.00 Wesleys Pharmacy pictures 2.19 *U.S. Postmaster meter postage 1040.00 *Mn.STate Treasurer boat registration fees 128.00 $ 80,131.69 1981 Parking Rev. Bonds Sharstrom Plbg. repairs heater Plowman Bldg. 50.00 Mun. Utilities electricity Plowman Bldg. 28.05 Bonds of 1972 National City Bank interest & service fee 1737.50 Bonds of 1971 First Natl Bank of Mpls. interest 4 service fee 332.50 Federal Rev. Sharing Health Planning & Management fees for Elderly Planning Contract 1200.00 LIQUOR STORE Ed Phillips $ Sons Griggs, Cooper & Co. Old Peoria Co. Twin City Wine Co. Midwest Wine Cc, Twin City Wine Cc, Griggs, Cooper & Co. Ed Phillips $ Sons Old Peoria Co. Commissioner of Revenue /St of MN Hutch Utilities Comm city Of Hutchinson St. Treas. -PERA Nationwide Papers Hutch Agri -Tech Coca Cola Bottling Co. Quades Ink Spots Inc. Hutchinson Telephone Cc, American Linen Supply Bernicks Pepsi Cola Friendly Beverage Co. Lenneman Beverage Locher Bros Dist Triple G Distributing 9 Liquor $ Wine 2163.24 Liquor & Wine 2087.16 Liquor F, Wine 2895.26 Wine 2724.85 Wine 499.70 Wine F, Liquor 3827.17 Wine & Liquor 3948.84 Wine & Liquor 3375.80 Liquor 3362.45 Feb Sales Tax 4279.32 Feb Service 774.83 Payroll 4 -1 -83 3644.03 Employer Share 192.96 Bags 218.14 Pourers 16.25 March Inv 352.50 Repairs $ Bulbs 113.91 March Inv 24.50 March Service 53.54 Towels 17.20 March Inv 20.10 Beer 1157.20 Beer 8878.50 Beer 9151.50 10205.65 Beer 63,984.60 TAHUTCHINSON SAFETY COUNCIL41 FOR YOUR INFORMATION The Hutchinson Safety Council met March 28, 1983 at 12 noon at the Fire Hall in Hutchinson, MN. There were 13 members present. President Myron Johnson opened the meeting with a silent prayer. The minutes were approved as read. The motion was made and seconded to approve payment to Joyce Rix, 4.68 for postage. Ralph Neumann stated the post was taken out by the post office and parking is better. Mrs. Daryl Lake was introduced and welcomed as the new representative from the Fire Department Auxiliary. It was announced that the sheriffs department has purchased a 4 wheel drive truck to load and unload their safety rescue boats. Bill Arndt: Jogging and high school track runners are running 2,3 & 4 abreast and not in single file on Dale Street and South Grade Road, when they should be running along the side of the road and this is a safety hazzard to them and vehicle.,drivers. The motion was made and seconded we write a letter to Dave Larson and Vince Ross at the High School and remind them of this unsafe practice. Also if they could set up some sort of barricades notifing motorists that track runners were running, and also check with Ralph Neumann and notify him and the city street department when they are out. Bill also stated the bus drivers could notify the township boards as to bad places in the gravel roads. President Johnson announced CPR classes were open to the public and are sponsored by the Sons -of- American Legionaires. This will be April 16th, Saturday, 8:30 to 12:00 and 1:30 to 5:00. Larry Ladd, Carol Ulrich and Loretta Pishney announced they had good response to the tornado drills at the elementry school, senior citizens buildings and area vocational school. George Field, city fire marshall, stated there will be fire drills in the 2 senior citizens buildings in April. Re: Constitution It was discussed and reviewed and no action was taken on any new amendments. Les Smith: The safety council should comment the police officers on their help during the recent car accident, (March 11). The motion was made and seconded we write a letter to each officer and the police chief, Officer Ron Kirkoff, Mike Hogan, Chief O'Borsky and send a copy to the State Safety Council. The next meeting will be April 25th, at the fire hall. There will ba an executive board meeting in April. The Boat /Sportsman Show will be in the Civic Arena, April 23 & 24th. The meeting was adjourned by motion. Submitted by: Myron Johnson, President Loretta F. Pishney, Seer. Treas. Treasurer's Report: Balance on hand March 1, 1983 123.74 Deposits: none Disbursements: J. Rix - postage 4.68 Balance on hand March 31, 1983 119.06 (612) 587 -5151 FCITY OF HUTCHINSON 37 WASHING TON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: March 31, 1983 TO: Mayor and City Council FROM: Director of Engineering RE: Assessment Hearing 1983 Projects FOR YOUR INFORMATION Based on our bid date of April 25th, for our 1983 Projects, and the time required for notification to the property owners, we would propose the hearing be held on May 24th. The necessary resolutions for the preparation of assessment and setting time for the hearing will be submitted on April 26th, based on the bids received on the 25th. Marlow V. Priebe Director of Engineering MVP/PV cc: Ken Merrill ` w 12 ) 587.5151 el(d TY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 FOR YOUR INFORMATION M E M 0 R A N D Mayor and Councilmen RE: Sale of Old Armory Property Dear Sirs; On February 14, 1983, a group consisting of Mr. Emmet McCormick and the Citizens Bank and Trust Co. made a formal offer to the City of Hutchinson to purchase the property commonly known as the Old Armory from the City of Hutchinson for the sum of $205,000. Blacks Law Dictionary defines "offer" as a proposal to make a contract. An offer must be made by the person who is to make the promise, be made to the person to whom the promise is made, must come to the knowledge of the person to whom it is made, and be definite in terms sufficient so that the promises and performances to be rendered by each party are reasonably certain. Under this or any other definition of "offer" that I can find, the proposal made by Mr. McCormick and the Citizens Bank was a valid proposal to make a contract and would be binding upon the offerors should the city accept the offer. Blacks Law Dictionary defines "acceptance" as compliance by the offeree with terms and conditions of offer; the act of a person to whom a thing is offered or tendered by another, whereby he receives the thing with the intention of retaining it, such intention being evidenced by a sufficient act. On February 14, 1983, the City Council of Hutchinson indicated its acceptance of 0 Page 2 the offer proposed by Mr. McCormick and the Citizens Bank through a unanimous 5 -0 vote. The 5 -0 vote showed that all members of the council at that time intended to mutually bind the offerors and the City to the terms of the proposed offer. In consideration of the offer and the acceptance, Mr. McCormick and the Citizens Bank tendered to the City of Hutchinson a check in the amount of $205,000. With the tendering of that sum and its unanimous acceptance by the Hutchinson City Council, Mr. McCormick and the Citizens Bank had performed their part of the offer and it was from that point on incumbent upon the City of Hutchinson to transfer title to the property known as the Old Armory to Mr. McCormick and the Citizens Bank. Attorneys for Mr. McCormick and the Citizens Bank on February 14, 1983, presented deeds to the Hutchinson City Council and requested that since the Mayor and all four councilmembers had accepted the offer and thereby approved the sale of the Old Armory that it would be convenient and expeditious for the Mayor and the City Clerk to execute the deeds at that time. By a second unanimous vote of the council the Mayor and the City Clerk were authorized to execute any documents necessary for the transfer of title. Accordingly, on February 14, 1983, deeds transferring title to the property known as the Old Armory from the City of Hutchinson to Mr. McCormick and the Citizens Bank were executed by the Mayor and the Hutchinson City Clerk. Section 12.04 of the Hutchinson City Charter provides "No real property of the City shall be disposed except by ordinance." Page 3 • • In compliance with this section of the Charter, an ordinance authorizing the sale of the old armory was drafted. That ordinance in its preamble recites the acceptance of the offer made by Mr. Emmet McCormick and the Citizens Bank and Trust Co. by the City and the authorization granted the Mayor and the City Clerk to execute any documents necessary to effect the transfer of the title in accordance with the terms of said offer. The ordinance then ratified the acceptance of the offer and the authorization given the Mayor and specifically stated that the City "by this ordinance does sell and convey all right, title and interest it may hold in that certain piece of property legally described as Lots 9 and 10, Block 12, Southhalf of the City of Hutchinson to Emmet McCormick and the Citizens Bank and Trust Co., to each an undivided one -half interest, in exchange for the sum of $205,000." I feel that there is little question that the ordinance fully complies with both the spirit and the letter of section 12.04 of the Hutchinson City Charter. The ordinance does contain the necessary enabling language "the City of Hutchinson does ordain." It was presented to the council in writing, had two readings at least seven days apart, and was published in the Hutchinson Leader, a legal newspaper, on March 24, 1983. The Mayor and several citizens have questioned the validity of the deeds executed by the Mayor on February 14, 1983• The Mayor also apparently contends that since the deeds were executed prior to the effective date of the ordinance authorizing the sale not only are the deeds invalid but the ordinance authorizing the Page 4 sale is "null and void ". It should be observed that the ordinance authorizing the sale of the property does not on its face specif- ically ratify the execution of the deeds on February 14, 1983. The ordinance as drafted ratifies the council acceptance of the offer and its authorization of the Mayor and the City Clerk to execute documents necessary to affect the transfer of title. As such it is an independent document that stands or falls on its own merits distinct and separate from the validity or invalidity of the deeds executed on February 14, 1983. It should be pointed out that since all members of the council agreed upon the acceptance of the offer, we are not at -this time considering the substance or merits of the proposal but are only looking at the procedures necessary to properly transfer title from the City to Mr. McCormick and the Citizens Bank. Section 12.04 of the Charter provides for disposal-of City property by ordinance. Agruably this section means that the City may dispose of property without the formality of or utilization of a deed. The law does provide for transfer of property by various methods other than deed, among them a Decree of Descent in probate matters, Judgment and Decree in dissolution matters, and Affidavit of Survivorship when dealing with joint tenancy property. It would seem, therefore, that the deeds executed on February 14, 1983, when combined with the ordinance as drafted, would surely be sufficient to convey clear title to Mr. McCormick and the Citizens Bank. In fact, it would appear that the purchasers of the property are satisfied with the method Page 5 of conveyance since they have expressed no dissatisfaction with the procedures utilized. Again, since any objections to the methods used or the actions taken are procedural rather than substantive it would seem that even if we are to give, for the sake of argument, full credit to the Mayor's position a simple and expedient solution to the Mayor's problem with the deeds of February 14. 1983. exists. If the Mayor's position is in fact correct, then the deeds executed prior to the effective date of the ordinance are a nullity. If they are considered to be a nullity, it is as if they had never been executed. If we are to look at the situa- tion in that light, what we now have is a valid offer, a valid acceptance, and a valid ordinance selling and conveying all right, title and interest the City holds in the Old Armory to Mr. McCormick and the Citizens Bank and Trust Company. If the Mayor's agruments are correct, then the simple solution to the problem is to draft exact copies of the deed previously issued with the only change being in the date of the deed. We would then have on record an offer, acceptance, ordinance and deed in that respective order. I do not feel that the above procedure is legally required. I am satisfied that the method utilized has been sufficient to transfer title of the property to the appropriate parties. I am nevertheless aware that if any question concerning the validity of the sale is possible, it will be raised and undoubtedly loudly voiced. I offer the possibility of issuance of a second deed only as a method to still any controversy remaining over the Page 6 sale of the Old Armory and would suggest that it be utilized only if all members of the council agree that upon issuance of a deed dated after the effective date of the ordinance no question of the validity or legality of the sale of the Old Armory remains. Since all members of the council accepted the offer through a public vote, I feel that such an affirmation by the entire council would establish firmly the council's already stated position on the sale of the property. Sincerely yours, SCHAEFER LAW OFFICE�1 James H. Schaefer Hutchinson City Attorney JHS:dlp 12) 587 -5151 f Y OF HUTCHINSON ;SHINGTON AVENUE WEST 'INSON, MINN. 55350 M E M 0 R A N D U M FOR YOUR INFORMATION TO: Mayor and City Council FROM: Hutchinson City Attorney SUBJECT: $1,250,000 Parking Improvement Bonds DATE: April 8, 1983 I have been asked to respond in writing to the following question: "Why didn't the city levy $625,000 in assessments as provided by 459.14 and also called for by Jerry Gilligan of the Dorsey law firm ?" Although this question has been repeatedly asked and I have on several occasions explained my interpretation of 459.14, 1 will outline again my position on the amount of the city's special assessments for the 1981 Parking Bonds and their relation to what has been referred to as "the 50% rule." MSA 459.14 Subd. 3 provides: "Bonds may be issued pledging the faith and credit of the municipality for the payment without the prior approval of a majority of the voters of the municipality voting thereon at an election ordered by the governing body if special assessments have been or will be levied in an amount not less than 50% of the amount of such bonds." (Emphasis added) The basic question to be answered is the applicability of this section where the total project costs are less than the amount of the bonds issued and the unexpended funds are to be used to repay the bonds. The specific concern is 459.14 Subd. 3's provision that the assessments shall be 50% of the amount of the bonds, which would seem to require that in a $1,250,000 bond issue at least $625,000 would have to be assessed regardless of the actual expend- itures or costs of the project. It should be noted that although several other statutes provide for a minimum percentage of special assessments, only 459.14 links the percentage to the amount of the bond issue. For example, 429.091 Subd. 3 ties the necessity of an election to specially assessing 1120% of the cost of the improve- ment to the municipality" while 475.58 Subd. 1 (3) requires assessment of 1120% of the cost of the improvement ". Before examining the applicability of 459.14, it may be beneficial to examine the reasoning behind the special assessment provisions of 459.14, 429.091 and 475.58. Clearly the drafters of these sections intended that before a city obligates or pledges its full faith and credit to a bond issue that would directly benefit a limited seg- ment of the population the voters of the community should have the opportunity to voice their approval or disapproval at the polls. Just as clearly, the drafters felt that if a substantial portion of the city's obligation would be paid by the benefited parties through special assessments rather than by the taxpayers generally, the citizen participation in the decision - making process could be curtailed. They must have reasoned that the general public should not be given the right of approval or disapproval of a bond issue that will substantially be paid for by special assessments since the potential risk or burden to the general taxpayer in that instance is minimized. 429.091 and 475.58 set the percentage of special assessments necessary to avoid the election process at 20 %. 459.14, by utilizing a 50% standard obviously intends to require greater participation by the benefited parties if the election process is to be averted. But does 459.14 require a special assess- ment of 50% of the bond issue whether that amount is expended or not or will some other interpretation satisfy the intent of the statute to safeguard the general taxpayers? First, it must be pointed out that the mere sale of bonds does not require that the entire amount received from the sale be spent on the proposed project. It is common to have a project abandoned, cut back or scaled down. At times cost estimates may have been high or costs may have lowered. Any of these factors could result in project expenditures being less than bond funds available, creating an excess. Minnesota Statutes recognize the fact that excesses may -2- r 0 0 result and provide for their utilization in 429.091 Subd. 3 and 475.65. It is the fact that excesses can legally occur that creates problems with a literal interpretation of 459.14. Assume, for example, that a city issues $1,000.000 worth of bonds under the authority provided by 459 and does so without an election. If the proposed project goes as planned and the entire proceeds of the bond sale is spent on project costs, 459.14 mandates special assessments to the benefited properties of at least 50% of the bonds, or in this case $500,000. Such an assessment would be entirely in keeping with the statutes purpose of minimizing citizen obligations when citizens do not have a direct elective input into the project. However, assume that the city expends only $600,000 of the $1,000,000 bond issue. If 459:14 still mandates special assessments of 50% of the bonds issued then the city must assess $500,000 of the $600,000 costs. This represents 83% of the cost of the project; and it places a substantially greater proportionate burden on the benefited property owners than the 50% contemplated by 459.14. If, on the other hand, the city were to assess 50% of the cost of the project rather than the amount of the bonds then the benefited property owners would contribute $300,000 through special assessments and the citizens' contribution through municipal sources would be $300,000, with the excess being used to repay the bond issue. It does not seem logi- cally consistent to contend that if a city is liable for $500,000 on a $1,000,000 expenditure, no election is necessary; but if a city is liable for $300,000 on a $600,000 expenditure, an election is required. In both cases the bond holders are protected by either city backing, special assessments, or a debt - service fund made up of unexpended bond proceeds. In neither case would the citizens' maximum potential tax liability exceed 50% of the project costs. A further, and more serious, problem with a literal interpre- tation of 459.14 occurs when less than half of the proceeds of the bond sale are expended. If $400,000 of a $1,000,000 bond issue is actually spent and 459.14 requires special assessments of $500,000, the result would be assessments to the benefited property owners of $100,000 more than the project costs. A city cannot constitutionally -3- N assess more than project costs and to attempt to do so would be constitutionally prohibited and would be in direct violation of 429.051 which provides "the cost of any improvement, or any part thereof, may be assessed upon property benefited." A literal inter- pretation of 459.14 would place a city in the unique dilemma of being in violation of statutes no matter what it did. If it assessed $200,000 of the $400,000 expenditure, it would appear to be in violation of 459.14; yet if it assessed $500,000 in apparent complicance with 459.14, it would be in violation of 429.051 and the Constitution. It is a basic concept of law that where two interpretations of a statute are possible, one of which leads to a constitutionally permissible result and the other not, the interpretation that leads to the permissible result must be followed. Only by interpreting _ 459.14 as meaning 50% of the bond funds expended can a constitut- ionally permitted result always be obtained. If we consider that the definition of a bond is "a certificate or evidence of a debt ", it becomes relatively simple to reason that where unexpended funds are utilized to repay the bond holders the actual debt incurred for which the citizens may ultimately be held liable is the amount of the actual expenditures. Of course, 475.65 provides that the balance or excess "may be devoted to any other public use authorized by law" and 429.09 Subd. 3 provides "any balance of the proceeds of the bonds remaining therein may be used to pay the cost, in whole or in part, of any other improvement instituted pursuant to this chapter." If the excess funds are not used as debt service to repay the bonds but are expended on some other project, the total assessed must approximate _ 50% of the total expenditures. It should also be noted that what is required is a good faith effort to reach the 50% assessment level. The question as originally phrased indicated that $635,000 of assessments was called for by Jerry Gilligan of the Dorsey and Whitney firm. I discussed this matter by telephone with Mr. Gilligan on the 31st day of March, 1983. Mr. Gilligan informed me that his prior letter calling for $625,000 of special assessments was issued -4- if at a time when he was under the impression that the entire 1981 Parking Bonds would be expended. Since writing that letter, the expenditures have been curtailed and he has informed city officials, including the Mayor, that it is his opinion that only 50% of the non - interest expenditures need be assessed. He has put this opinion in writing which is attached hereto. I understand that in the past certain parties have questioned the objectivity of the City Attorney and representation of the Dorsey and Whitney law firm. The contention is that since the office of City Attorney and the Dorsey and Whitney firm were involved in the drafting of the documents in question, answers from these sources will somehow be "slanted" to validate the programs. Realizing that any answer which I or the Dorsey firm might provide would undoubtedly be questioned, I would suggest the following hypothetical question be presented to the bond department of the law firm of Briggs and Morgan: "A municipality approves bonds under authority of MS 459. The municipality utilizes the provisions of MS 459.14 Subd. 3 and issues the bonds with a value of $1,000,000 without public referendum. $600,000 of the bond proceeds are expended in the completion of the project and the $400,000 balance is placed in a debt service fund for the specific purpose of retiring the $1,000,000 bond issue. In order to comply with the provisions of MS 459.14 Subd. 3 is the city required to levy special assessments of at least $500,000 (ie 50% of the $1,000,000 bond issue) or would a levy of at least $300,000 (is 50% of the project costs) be sufficient to comply with MS 459.14 Subd. 3? I utilize the hypothetical question because I feel that it poses the issue.that confronts the city fairly and with terms and figures readily understandable. By using the hypothetical question, the central issue of the interpretation of 459.14 Subd. 3 may be answered without requiring Briggs and Morgan to make themselves totally familiar with facts or figures that are not pertinent to the issue at hand. It also would allow them to answer a specific, narrowly defined question in a manner that would not lend itself to costly and superfluous side questions on issues not originally raised. -5- I have taken the liberty of contacting Briggs and Morgan's bond department to inquire as to the cost of obtaining a written response to the question posed above. I was told that to provide such an answer in letter form would involve costs of $150. I would recommend this expenditure only if all members of the council were to agree that if the opinion rendered by Briggs and Morgan was substantially the same as the opinion given by the office of the City Attorney and counsel for the Dorsey and Whitney law firm there would be no further question raised by any member of the council that the city was in violation of MS 459.14 because it used expenditures rather than bonds as the basis for its special assessments. It should also be expected that should any citizen raise this issue, he would be referred to the written opinions and told that it has been established to the entire council's satisfaction that the procedure utilized by the city was proper and correct. If it is impossible to achieve this level of unanimity then obtaining a second "impartial" opinion would serve no useful purpose. t Respectfully Submitted, -W . James H. Schaefer Hutchinson City Attorney Q-2 V • • DORSEY & WHITNEY A Partnership InC)Uding Profession! Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 680 WEST -FIRST NATIONAL BANK BUILDING (612) 340 -2600 201 DAVIDSON BUILDING ST. PAUL, MINNESOTA 55101 8 THIRD STREET NORTH (612) 227 -8017 TELEX' 29 -0605 GREAT FALLS, MONTANA 59401 LE TEOOPIEA : (612) 340 -2868 (406)727-3632 P. 0. BOX 846 340 FIRST NATIONAL BANK BUILDING SURE 875 NORTH ROCHESTER, MINNE50TA 55903 1800 M STREET N. W- (507) 288-3156 WASHINGTON, D. C. 20036 (202)296-2780 312 FIRST NATIONAL BANK BUILDING JEROME P. GILLIGAN 30 RUE LA SOETIE WAT ATA, MINNESOTA 55391 (612) 475-0373 (612) 340 -2962 75008 PARIS, FRANCE TEL: (1) 562 32 50 April 5, 1983 Mr. James Schaefer Keefe, Schantzen & Schaefer P.O. Box 232 Hutchinson, Minnesota 55350 Re: $1,250,000 Parking Improvement Bonds, dated August 1, 1981 in the City of Hutchinson, Minnesota Dear Jim: Following up on our telephone conversation last week, the only letter to any Hutchinson City official I could find in our files where the minimum principal amount of special assessments to be levied by the City for the parking improvements financed with the proceeds of these Bonds is referred to in a letter dated August 19, 1982, from me to you, a copy of which is attached for your information. In the second to last paragraph of this letter the provisions of Section 4.04 of Resolution No. 6875 (the bond resolution for the Bonds) are mentioned. As you are aware, the Bonds are general obligations of the City and were issued under the provisions of Minnesota Statutes, Section 459.14, subdivision 3, without a referendum, to finance the acquisition, construction and improvement of automobile parking facilities. Section 4.04 of Resolution No. 6875 was drafted in order to insure compliance with Section 459.14, subdivision 3, which provides that a city issuing general obligation bonds without a referendum must levy special assessments against benefited property in an amount not less than 50% of the amount of such Bonds. Section 459.14, subdivision 5, provides that special assessments for an automobile parking facility shall be levied in accordance with Sections 429.011 to 429.091. If a city issues its general obligation bonds under Section 459.14, subdivision 3, without a referendum, DoRSEY & WHITNEY Page -2- Mr. James Schaefer April 5, 1983 after the project for which the bonds were issued is completed any remaining, unexpended bond proceeds will become part of the debt service fund of the city in accordance with provisions of Minnesota Statutes, Section 475.65, unless devoted to any other public use authorized by law, and approved by resolution adopted or vote taken in the manner required to authorize bonds for such new use and purpose. It appears to us that in determining the minimum amount of special assessments to be levied for purposes of meeting the 508 special assessment requirement contained in Section 459.14, subdivision 3, the principal amount of the bonds should be reduced by the unexpended proceeds which become part of the debt service fund of the City. Support for this position is found in the definition of "net debt" contained in Minnesota Statutes, Section 475.51, subdivision 4, pro- viding that the amounts of money and face value of securities held as a debt service fund for the extin- guishment of obligations are deducted from the outstanding principal amount of bonds in arriving at the "net debt" of a municipality for purposes of the debt limitation contained in Minnesota Statutes, Section 475.53. A con- trary view could result in a special assessment in an amount in excess of the cost of the improvement, which is the maximum amount Minnesota Statutes, Section 429.051 permits to be assessed for an improvement. Should you have any questions concerning the matters in this letter, please give me a call. JPG:cmn Enclosure 1 Yours truly, ero P. Gil i an Mr. Gary Plotz City of Hutchinson 37 Washington Ave. W Hutchinson, MN 55350 Dear Gary: , J\' iJ �~ 0 M�22, 1983 1 v 9151 FOR YOUR INFORMATIO► RE: City Recreation Facilities Hutchinson, Minnesota I have been following with interest the articles in the "Hutchinson Leader" regarding the development of your "Old Armory Project/ Recreation Facilities ". It appears you are making progress towards the realization of a recreation facility of some kind. I read with particular interest the article entitle "City Considers Expanding Scope of Task Force" on February 24, 1983. I would like to camnnd the City Council for looking at the overall planning picture in order to determine the best expenditure for city tax dollars. If your task force convenes and /or expands its scope to areas other than the recreational facility, I would welcome the opportunity to meet with that group to discuss the inplications of the study we prepared. I can see the possibility of several new alternatives for recreational developement that were not addressed in our study. I would appreciate it, Gary, if you would assure the council of our ongoing interest in your project. Even though the publicity we received at the time of our last study was somewhat unusual, and a new experience for ire, we have a sincere interest in continuing to provide architectural services for the City of Hutchinson. Our wurkload in Minnesota has increased considerably this year, and I have been coming over there approximately two weeks out of each month. If we can be of any further assistance to you, please advise. WKL/k1 cc: Jan Haukos File LUND ASSOCIATES INC. ARCHITECTURE • PLANNING 2040 W. MAIN ST. • SUITE 302 RAPID CITY, S.D. 57701 Sincerely, LikM/ ASSOCIATES, DIC,. Wayne'Luna, President N FD V r�yv� � N 9151 FOR YOUR INFORMATIO► RE: City Recreation Facilities Hutchinson, Minnesota I have been following with interest the articles in the "Hutchinson Leader" regarding the development of your "Old Armory Project/ Recreation Facilities ". It appears you are making progress towards the realization of a recreation facility of some kind. I read with particular interest the article entitle "City Considers Expanding Scope of Task Force" on February 24, 1983. I would like to camnnd the City Council for looking at the overall planning picture in order to determine the best expenditure for city tax dollars. If your task force convenes and /or expands its scope to areas other than the recreational facility, I would welcome the opportunity to meet with that group to discuss the inplications of the study we prepared. I can see the possibility of several new alternatives for recreational developement that were not addressed in our study. I would appreciate it, Gary, if you would assure the council of our ongoing interest in your project. Even though the publicity we received at the time of our last study was somewhat unusual, and a new experience for ire, we have a sincere interest in continuing to provide architectural services for the City of Hutchinson. Our wurkload in Minnesota has increased considerably this year, and I have been coming over there approximately two weeks out of each month. If we can be of any further assistance to you, please advise. WKL/k1 cc: Jan Haukos File LUND ASSOCIATES INC. ARCHITECTURE • PLANNING 2040 W. MAIN ST. • SUITE 302 RAPID CITY, S.D. 57701 Sincerely, LikM/ ASSOCIATES, DIC,. Wayne'Luna, President +� a F0 EMPLOYMENT ADVISORY TO MAYOR AND CITY COUNCIL CITY OFHUTCiINSpN FOR YOUR INFORMATION DATE March 28, 1983 NAME ADDRESS Sue Reid . 904 Church Street, Hutchinson JOB TITLE Skating Instructor, Recreation Aide SUPERVISED BY EMPLOYMENT STATUS X NEW EMPLOYEE FULL TIME PAY RATE $4 1hr (skating) OTHER: X PART TIME OR SEASONAL COMMENTS Limited hours in skating program, other recreation programs later in 1983 season as needed. THE ABOVE PERSONNEL ACTION CONFORMS TO ADOPTED PERSONNEL POLICY AND TO THE COUNCIL APPROVED SELECTION PROCESS, 14EPAR0 A" �� � PERSONNELaC00RD INATOR CITY ADMINIS RAt OR fOR YOUR INFORMATION �.c�.�e�0�..1w/v L'pn,�Qaiw..✓ i ., L_t !�!ieteR1_� 3 .,.� -� - _ T.�P i I II T nl_ _ II 1l Gn , ,] 14 .I .5 l -11 i] _. '; •_, if .I. 78. SI.. / 8T - _. SY �: .i L9. ,�i f ''.. I u u, 111— alI 1 L 1_I 78 _ - ,I 16 U LL � II I ..1r 11.. _. — 7•tr- - b _ _ - u _I�_ _ .1 n, d _ n sS _ -_ I f I _ A 7P HA... Y _., 5•,I - a5 l "I ;e _ II I.__N � I ,zl� - ? �Y v�' /x —/ '�,- -_s rt_ ,I _ 3r'7� da_'1 ! 12 / ss it f2l3 W. u ll _I'. I : _ _ l y � I FOR Y011P 1A.1T091AT1n, THE HUTCHINSON SAFETY COUNCIL The Hutchinson Safety Council met February 28, 1.983, at 12 P-on at the Fire Hall in Hutchinson, MN. There were 12 members present. President Myron Johnson called the meeting to order. A silent prayer was held. No bills were presented. A motion was made and seconded that the minutes be approved as read. OLD BUSINESS: Discussed parking at the post office. A motion was made and seconded we write a letter to the city council regarding the post office parking as to remove a post, extend the yellow line and ::heck for better parking conditions. George Field reported on the Mall display. The motion was made and seconded we have a sign made for the Hutchinson Safety Council to be used at our displays. George Field and Jim Hudson will take care of this. Warren Kempfert stated Mrs. Kempfert will paint the sign. NEW BUSINESS: Warren Kempfert distributed "First Aid Facts ", a slide card wit' with ailments, symptoms and treatments, distributed by the 3M Company. A discussion was held about a review of the CPR classes. 3M will be , ;- -ving some classes at the Fire Hall in the near future. The secretary distributed *copies of the constitution and membe s will read and review it for the next meeting. The March meeting will be March 28, 1983 at the Fire Hall. The meeting was adjourned by motion. Submitted by: Myron Johnson, President Loretta F. Pishney, Seer. Treas. Treasurers Report: Balance on hand February Deposits: Disbursements: Balance on hand February 1, 1983 123.74 none none 28, 1983 123.74 ♦4 CRl#IPLS /OPLIC MERGER STUDY COMMIT* MEETING Wednesday, March 16, 1983 Chippewa County Library, Montevideo Present: LeRoy Sanders, Willmar Linda Ulrich, Renville Lilah Buhr, Stewart Curt Johnson, Appleton Bob Lundborg, Milan Phil Gulstad, Dawson Bill Asp, Director Al Lewis, Assistant Director Bob Boese, Director Burton Sundberg, Director Kathy Matson, Asst. Dir. FOR YOUR INFORMATION Representing: Crow River Regional Library Crow River Regional Library " Crow River Regional Library " Western Plains Library System ^ Western Plains Library Syste:r ^ Western Plains Library System Office of Public Libraries office of Public Libraries Western Plains Library System Crow River Regional Library Crow River Regional Library The meeting was called to order by Bill Asp. Buhr /Lundborg moved adoption of the agenda. Sanders /Johnson moved approval of the minutes of the February 23, 1983, meeting. Mr. Sanders and Mr. Johnson reported on the discussions held at the CRRL and WPLS board meetings regarding the draft contract and the approval of that contract by both boards. The Committee then began a discussion of proposed funding formulas. Al Lewis from OPLIC explained three additional worksheets of formulas and calculations which he had prepared at the committee's request. Mr. Sanders presented a summary sheet which he had prepared which listed the seven options under consideration in an easy manner for comparison. After much discussion, Gulstad /Buhr moved adoption of the following formula: it-is the committee's recommendation that the new system be funded by a combination of an equal per capita amount for half the budget and an equal mill levy for the other half. The amount for each county and the cities within that county will be determined on a percentage basis, as was previously done under the old CRRL contract. The amount re- quested of "island cities" (libraries in cities located in non - member counties) will be determined by the average per capita amount for all the other city - county combina- tions. The committee felt that this plan takes into consideration future shifts and changes in population and valuation better than the existing funding formulas. OPLIC staff members will now write this formula into contract language to be inserted in Section III of the new contract. They will also attempt to calculate some figures for the amount of state aid the new system can expect in the next fiscal year based on Governor Perpich's recommended budget. When these figures are received, the directors will use them to develop a 1984 budget for the new system and determine funding levels under the new contract for each city and county. The "Share of Budget" portion of the contract will next be presented to the CRRL and WPLS library boards for approval at their April meetings. If it is approved, the new contract will be submitted to all current governing bodies of the two systems for approval. The committee also discussed the possibility of obtaining special state legislation to obtain additional state money to fund initial operation of the new system. Bob Boese will hold preliminary discussions with some WPLS area legislators to try to get a sponsor for such a bill. The next meeting of the committee will be April 13 at the CRRL in Willmar, followed by a meeting on May 18 at the WPLS head The meeting was ajourned at 10:10 P.M. quarters in Montevideo. ecre ry . r ., 0 6 CROJ RIVER REGIONAL LIBRARY BOARD March 14, 1983 FOR YOUR INFORMATION The Crow River Regional Library Board met at the Meeker County Courthouse Monday, March 14.. 1983. Present: Dorothy Hinseth, Sunburg Representing: Kandiyohi County Orlynn Mankell, New London If Kandiyohi County Kathleen Kubesh, Winsted If McLeod County Lilah Buhr, Stewart It McLeod County Jeanne Lundstrom, Cosmos If Meeker County Ellen Moench, Eden Valley ° Meeker County Steven George, Darwin " Meeker County Lionel Barker, Glencoe " Glencoe John Horrocks, Hutchinson " Hutchinson Albert Linde, Hutchinson " Hutchinson Delores Condon, Litchfield " Litchfield Jody Cronk, Litchfield " Litchfield Linda Ulrich, Renville It Renville LeRoy Sanders, Willmar " Willmar Sam Malone, Willmar " Willmar Burton Sundberg, Director, C?RL Kathy Matson, Asst. Dir., CRRL Absent: Wayne Hebrink, Renville* Representing: Kandiyohi County Jean Stranberg, Atwater* " Kandiyohi County Earl Mathews, Glencoe* if McLeod County Jeanette Buchanan, Willmar* It Willmar To be appointed of Bird Island * Excused absence Chairman Mankell called the meeting to order. George/I °toench moved to approve the minutes for February. Carried. Sanders/Lundstrom moved to approve the treasurer's report for February. Carried. The audit report for 1982 shows a cash balance of $10,932.46, of which $7,977.50 is a "redeemed" CD from our Bookmobile amortization account. Barker/IIoench moved that the bills be paid., Carried. Director's report: a. The statistical report for February shows an increase in circulation of 2000 over 1982 figures. b. A disbursement budget report shows that approximately 25% of the budget has been spent to date (through March). c. Clippings were passed around. d. An information update from Bill Asp includes the governor's recommendations for funding, members of the joint House /Senate education Subcommittee on Libraries, and proposed revisions of public library laws. e. A children's author, Lynn Hall, will be in Willmar April 20. This is funded by a SAIraE grant. f. Inez Lundberg of Grove City wrote a note of thanks for monetary help after a fire in her home. Committee and project reports and update: a. Forty persons from the Western Plains and Crow River Library Systems attended the ALTA WILL Trustee Workshop at the Holiday Inn East in Willmar on March 5. The OPLIC office is tabulating the evaluations. b. Mr. Sundberg reviewed the provisions of the proposed agreement merging CRRL and WPLS. The 1O S board has approved the agreement. Horrocks /Sanders moved that the CRRL board approve the agreement. Carried. c. The funding options for the merged system were explained. The two directors have proposed a budget of $592,483. The consensus of the board was that the combination per capita plus mill rate would be the best option. -MLA will be held in St. Paul May 12., 13, and 14. New Business: a. Chairman Mankell signed the OPLIC 1982 Annual Report. b. Kathy Matson asked approval of an application for a SMAHC grant to secure a children's theater group from Montevideo for summer appearances in branch libraries. The grant of $1532 would include ten performances and mileage. CRRL would provids..in kind services such as salary and publicity. The hearing on grant applications will be held in April. Buhr%ulrich moved to approve the application. Carried. The next SANMIE meeting is scheduled for May 10 in Marshall. Jeanne Lundstrom has resigned from the SAtuffE board. Her position on the board needs to be filled. Board members received quotations on the errors and omissions liability policy. This will be discussed at the April meeting. Mileage reports were filed. The meeting was adjourned. Lilah Buhr Secretary *. a 9 - M- .rcn-1983 C RIVER REGIONAL LIBRARY Treasurer's Report eRoy Sanders, Treasurer % OF EXP CURRENT - - EXPENDITURES INC014E THIS MONTH YEAR TO DATE BUDGET Balance (Regular Account) SO ,20 .37 $ 9, 01. 1- - .00 (Super New-Account) 52,376.86 52,376.86 (Savings Account) 81235.63 8,235.63 ' - Receipts: - - - - 27,828.36 83,694.99 State /Federal Aid 334,858.00 28,033.00 110,000.00 Kandiyohi County 4,425.49 20,119.75 80,479.00 Meeker County � 2,542.93 53,778.00 McLeod County PERA AND SOCIAL SECURITY 57,66i.00 McLeod County (1982 Receivable) 588.58 -o- Willmar ACCT GROUP... 16,461.50 65,846.00 Litchfield 81233.25 32,933.00 Hutchinson 8,730.95 11,521.25 46,085.00 Glencoe 51275.25 21,101.00 Bird Island 12,000.00 1,605.25 61421.00 Renville 1,746.75 6,987.00 Petty Cash 29959.98 71462.93 25,000.00 Gifts 100.00 79744.04 -0- Other 568.74 1,011.14 3,000.00 Total Receipts: $ 3,628:72 $iloq M2,65- $509,291.00 From 1982 Budget Pa INTINGS 8,431.00 TOTAL RECEIPTS & BALANCE: $54,972.84 $160,813.77 $5179722.00 Correction from Regular Account Voided Check Investments redeemed _ Investments purchased MTD -'YTO % OF EXP CURRENT - - EXPENDITURES EXPENDITURES TO E ST BUDbET ACCT GROUP... .00 - .00 _ 00% .00 LIBRARY -- - ' PERSONAL SERVICES - - - - 27,828.36 83,694.99 24.99% 334,858.00 SALARIES _ _ 1,475.05 4,425.49 24.50% 15,000.00 H�SPITAI. MEDICAL INSURANCE � 2,542.93 PERA AND SOCIAL SECURITY 95.788.31 25.23% 378,856.00 ACCT GROUP... 31,846.34 "!0. BOOK -AL S - 3x491.95 8,730.95 20.45; 42s703.00 BOOKS - ADULT 781.60 1038.35 5.24% 12,000.00 _ BOOKS - CHILDREN 353.47 10.39; 10x000.00 HER IODIC0.L5 1.00 101.00 50.50% 200.00 PAMPHLETS 107.81 107.81 3.59% 3,000.00 AUDIO VISUAL - - .00 .00 •00X Pa INTINGS .00 .00 .00% 600.00 BINDING _ .00 .00 .00% 300.00 MICROFORMS "- ACCT GROUP... 4,735.83 LLr 0UI V 17.16% 68r803.00 - AINTENANCE 40.91 150.23 17.07% 880.00 CUSTODIAL SUPPLIES AND SERVICES 1,226.50 24.532 00 _ TELEPHONE L TERMINAL 420.06 1.761.19 4,287.43 38.98% 11,000- 11,000.00 VEHICLE OPERATION - INCL INS 5,664.16 33.56Y 16x880.00 ACCT GROUP... 2,222.16 OTHER 1x190.92 2,566.38 23.33% 11,000.00 SUPPLIES 6 PRINTING 74.57 101.07 10.11% 1,000.00 PROMITING AND PROGRAMMING 445.61 1,345.58 26.914 5,000.00 POSTAGE 99.02 1,797.91 35.96% _5,000.00 - MILEAGE ANO MEETINGS - .00% - 400_00 MEMBERSHIPS -- - -- .00 .00 221.75 4.93% 4,500.00 Iii SUTA4CE - .00 980.30 3,401.14 30.92k 11,000.00 EQUIPMENT RENTAL .00% 950.00 AUDITING S= RVIC _ ES _ .p0 .00 675.00 25.00% 2,700.00 _ BODKEEPING SERVICES 225.00 .00; 5,000.00 COM CATALOG .00 .00 10x108.83 21.72% 46,550.00 ACCT GROUP... 3,015.42 CAPITAL OU7=L A- 133.53 551.06 13.78% - 4.000 .00 EQUIPMENT .00 .00Y 700.00 BRANCH AMOTIZATION FUND .00 .00X 1,500.00 ___ VEHICLE AMORTIZATION FUND .00 app .00% -- .00 SAVIN COPIER .00 .00 551.06 8.89% - 6.200.00 ^� ACCT_ GROUP_._. 133.53 $PECIALGRANTS - . 16.06 3.73% 431.00 SMAHC GRANT, 1932 ACCT GROUP... .00 .00 16.06 3.73% 431.00 - --- --- - - - - -- - -- ..ate- ,•.;,•.. -- A,.v5�.18 123,936.32 23.94; 517,722.00 Correction from Regular Account Voided Check Investments redeemed _ Investments purchased Ending cash balance `(Including Amortization Funds of 'l $(1.00) $45.00 -0_ -0- $13,063.56 $(1.00) $45.00 $58,650.00 $82,5o7.89 $13,063.56" REVISED COPY ORDINANCE NO. 1/83 AN ORDINANCE GRANTING PERMISSION TO ARTHUR BENJAMIN, SR., DOING BUSINESS IN THE CITY OF HUTCHINSON, MINNESOTA, TO OPERATE AND MAINTAIN A BELOW GROUND STORAGE AREA ON FIRST AVENUE SOUTHWEST IN THE CITY OF HUTCHINSON. The City Council of the City of Hutchinson ordains: SECTION ONE It appearing to the Council that Arthur Benjamin, Sr., doing business in the City of Hutchinson, has made application for permission to operate and maintain a below ground storage area within the street right -of -way in an area described as follows: Beginning at the Southwest corner of Lot 6, Block 8, South Half of the City of Hutchin- son; thence East along the South line of said Lot 6, a distance of 62.7 feet; thence South, a distance of 8.50 feet; thence West, a distance of 62.7 feet; thence North, a distance of 8.50 feet to the point of beginning; said storage area to be in accordance with detailed plans and specifications attached to and made a part of said application. Therefore, permission is hereby granted to Arthur Benjamin, Sr., his successors and assigns, to operate and maintain on First Avenue Southwest at the above specified location in the City of Hutchinson a below ground storage area in accordance with the detailed plans and specifications filed with and made a part of said applica- tion, and under supervision of the City of Hutchinson. SECTION TWO The permission granted by this ordinance shall be subject to the following conditions: (A) That said Arthur Benjamin, Sr., his successors and assigns, shall hold the City of Hutchinson harmless from all loss (g -0. and damage occasioned by the operation and maintenance of said below ground storage area and shall assume the defense in any and all suits brought for recovery of the same, intervening in such suits if necessary for the purpose of defense and will wholly protect and relieve the City of Hutchinson from all lia- bility of every kind and description on account of the acts or omissions of said Arthur Benjamin, Sr., his successors and assigns, in connection with the operation and maintenance of said below ground storage area. (B) Arthur Benjamin, Sr., his successors and assigns, shall not permit the accumulation of objectionable matter, but shall on the contrary at all times keep the premises surrounding said below ground storage area as well as land surrounding said building clean, neat and in presentable condition. (C) The City Council of the City of Hutchinson hereby reserves the right to repeal and rescind this ordinance and to revoke the permission hereby granted whenever in the opinion of ,.this or any subsequent City Council public interest demands that said below ground storage area be removed, provided that in such case, upon revocation of the permission hereby granted, Arthur Benjamin, Sr., his successors and assigns, shall be entitled to all materials removed. (D) shall be below area is to be of the City of of the roof of of Hutchinson. - The storage area the street grade naintained to the Hutchinson; the the storage area of said below ground storage area level; the surface of the storage satisfaction type of the surface and the design are to be approved by the City (E) The term of the franchise granted by this ordinance shall be 20 years. (F) That said Arthur Benjamin, Sr. shall within thirty (30) days after the passage of this ordinance, file with the City Clerk of the City of Hutchinson his written acceptance of this ordinance and the conditions hereof. SECTION THREE This ordinance shall be published in the official paper of the City of Hutchinson, and the City Clerk of the City of Hutch- inson shall forthwith furnish a certified copy of this ordinance to Arthur Benjamin, Sr. SECTION FOUR This ordinance shall be in full force and effect from and after its publication. Passed the day of 1983. ATTEST: Gary Plotz, City Clerk James G. DeMeyer, Mayor REVISED COPY ORDINANCE NO. 2/83 ` AN ORDINANCE GRA14TING PERMISSION TO ARTHUR BENJAMIN, SR., DOING BUSINESS IN THE CITY OF HUTCHINSON, MINNESOTA, TO OPERATE AND MAINTAIN A LOADING RAMP WITHIN THE STREET RIGHT -OF -WAY ON FRANKLIN STREET IN THE CITY OF HUTCHINSON. The City Council of the City of Hutchinson ordains: SECTION ONE It appearing to the Council that Arthur Benjamin, Sr., doing business in the City of Hutchinson, has made application to the Council for permission to operate and maintain a loading ramp on Franklin Street along side its building in the City of Hutchin- son in accordance with the plans and specifications attached to and made a part of said application; said loading ramp to be located according to the following description: Commencing at the Southwest corner of Lot 6, Block 8, South One Half of the City of Hutch- inson; thence North along the West line of said Lot 6, a distance of 14.7 feet to the point of beginning; thence West, a distance of 10.2 feet; thence North, a distance of 5.5 feet; thence East, a distance of 10.2 feet; thence South, a distance of 5.5 feet to the point of beginning. Therefore, permission is hereby granted Arthur Benjamin, Sr., his successors and assigns, to operate and maintain on Franklin Street upon the property above described a loading ramp as herein - above described in accordance with the detailed plans and specifi- cations filed with and made a part of said application, and under supervision of the City of Hutchinson. SECTION TWO The permission granted by this ordinance shall be subject to the following conditions: (A) That said Arthur Benjamin, Sr., his successors and assigns, shall hold the City of Hutchinson harmless from all loss and damage occasioned by the operation and maintenance of said loading ramp and shall assume the defense in any and all suits brought for recovery of the same, intervening in such suits if necessary for the purpose of defense and will wholly protect and relieve the City of Hutchinson from all liability of every kind and description on account of the acts or omissions of said Arthur Benjamin, Sr., his successors and assigns, in con- nection with the operation and maintenance of said loading ramp. (B) Arthur Benjamin, Sr., his successors and assigns, shall not permit the accumulation of objectionable matter, but shall on the contrary at all times keep the premises surrounding said loading ramp as well as land surrounding said building clean, neat and in presentable condition. (C) The City Council of the City of Hutchinson hereby reserves the right to repeal and rescind this ordinance and to,. revoke the permission hereby granted whenever in the opinion of this or any subsequent City Council public interest demands that said loading ramp be removed, provided that in such case, upon revocation of the permission hereby granted, Arthur Benjamin, Sr., his successors and assigns, shall be entitled to all materials removed. (D) That said loading ramp will be maintained below grade, with the type of surface, design of cover, and surface of area to be maintained in a manner approved by the City of Hutchinson. (E) The term of the franchise granted by this ordinance shall be 20 years. (F) That said Arthur Benjamin, Sr. shall within thirty (30) days after the passage of this ordinance, file with the City Clerk of the City of Hutchinson his written acceptance of this ordinance and the conditions hereof. SECTION THREE This ordinance shall be published in the official paper of the City of Hutchinson, and the City Clerk of the City of Hutch- inson shall forthwith furnish a certified copy of this ordinance to Arthur Benjamin, Sr. SECTION FOUR This ordinance shall be in full force and effect from and after its publication. Passed the day of ATTEST: Gary Plotz City Clerk . 1983. James G. DeMeyer, Mayor r RESOLUTION NO. 7359 ACCEPTING $62,500 FROM THE HUTCHINSON UTILITIES COMMISSION 14 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: THAT a $62,500 transfer from the Hutchinson Utilities Commission to the City of Hutchinson's General Fund is hereby accepted. Adopted by the City Council this 12th day of April, 1983. James G. DeMeyer Mayor ATTEST: Gary D. Plot. City Clerk 6 t 12) 587 -5151 �Y OF HUTCHINSON SHING TON AVENUE WEST NSON, MINN. 55350 April 6, 1983 M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: HAZEL SITZ, PERSONNEL COORDINATOR -\)F' RE: RETIREMENT OF LILA WESTPHAL Attached is a letter from Lila Westphal, custodian, indicating her intention to retire on June 15, 1983. At that time she will have worked for the City for 8 years, and she will reach her 67th birthday on June 13. Appropriate action - approval of retirement and resolution of appreciation. G I -- --- �,1U,4,._oq-,( / k3 ��,pluti on 4f'A,pprQr,ttgn TO NHEREAS, Lila Nestphal has serveb the City well as custobian for £he past eight (8) years; UMEREAS, smib Lila Uesfphal has serveb fai£hfully anb biligently giving of her time aub talents towarb the enrichment of the City, NOR,i THERFfORF, RF IT RESOLVED BY THE CITY COUNCIL OF TI(E CITY OF MITCHINSON, MINNTESOTA: THAT, beep appreciation is hereby expresseb to Lila 1Uesfp6al for fjer afore - men£ioneb services aub the gra£itube of Hutchinson anb the citizens £hereof is hereby expresseb. Abopteb by £he City Council £his 8t6 bay of April, 1983- ATTE5T: vary D. Plotz City Abminis£ra£or James �- fe'deyer Mayor �-f i ,� (612) 587.5151 - CITY OF HUTCHINSON 37 WASHING TON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: April 4, 1983 TO- Mayor and City Council FROM: Building Official RE: March 1983 Building Report Attached is the March 1983 Report of Building Permits Issued and Local Public Construction. There was 1 Demolition Permit, 1 Mobile Home Permit, 4 Sign Permits, 6 Plumbing Permits and 21 Building Permits issued during the month of March. The total construction valuation was $148,402.00. Homer Pittman Building Official HP /pv attachment Ia . � � O.M.B. No. 0607 -095: Approval Expires June 196- , �1D 5 4 3S � 0 - -_ Fonts C -404 Period in which _ 17-5-511 permits issued rAq __— PLEASE MAIL ON OR BEFORE THE 4TH DAY OF THE MONTH U.S. DEPARTMENT OF COMMERCE BUREAU OF T✓.E CENSUS _. (P)ease correct any errors in nacre or address) REPORT OF BUILDING OR ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 6103500 41 9 9999 085 8 61 25 3 2730 CENSUS USE ONLY HOMIER PITT4k4 BLDG JFF CITY HALL 37 V %SHINSTDN AVE WEST HUTCHINSOV MN 55357 Has the geographic coverage of this permit system changed during this period? - o No [] Yes - Explain in comments If no permits were issued during this Bureau of the Census Please read the instructions before period, enter (X) in box and return form 11 MAIL THIS COPY TO 1201 East Tenth Street Jeffersonville, Ind. 47132 completing form. For further help. call collect (301) 763 -7244. Section I - NEW RESIDENTIAL HOUSE- - PRIVATELY OWNED PUBLICLY OWNED Number Valuation of- Number _ - Valuation of KEEPING BUILDINGS AND Item - MOBILE`riOMES No. _ construction (Omit cents) _ construction (Omit cents) uildin s g Housing g Build ins g Housing units (al (b) upC, Ic1 (d) (e) {i) (g) - One- family houses, detached 101 1 1 63 027 One- family houses attached, each unit separated from adjoining unit(s) by a wall that extends from ground to roof 102 Two - family buildings 103 Three- and four - family buildings 104 _ Five-or-more family buildings 105 I - TOTAL (Sum of )01 -105) 109 1 1 637027 Mobile homes 112 1 1 - - - - -- _ Section II — NEW RESIDENTIAL NON- PRIVATELY OWNED PUBLICLY OWNED Number Valuation of HOUSEKEEPING Item No. Number Valuation of construction BUILDINGS Buildings Rooms construction (Omit cents) Buildings Rooms (emit cents) la) (b) (c) (d) (e) 10 (g) - Hotels, motels, and tourist cabins intended for transient accommodations 213 Other nonhousekeeping shelter 214 S ection I11 -NEW NONRESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED Number Valuation of Number Valuation of BUILDINGS Item Buildings Housing un itS Building ousing units No. construction (Omit cents) construction (Omit cents) (a) (b) Icl (d) let 10 Ig). Amusement and recreational buildings 318 Churches and other religious buildings 319 Industrial buildings 320 - - Parking garages (open to general public) 321 Service stations and repair garages 322 - =-- - - - - - -- _. Hospitals nd other institutional buildings ak, 323 " - -`5= -- -- Office, ban and professional buildings 324 _47cz; jt ` Public works and utilities buildin s 325 Schools and other educational buildin s 326_ - - Stores and other mercantile buildings 327 "'- Other nonresidential buildings 328 1 42S Structures other than buildings 329 1 "''° 1,200 Section IV - ADDITIONS AND ALTERATIONS °c c An increase in the number of housing - - - -- -" " 1° units (in the housing units column. enter only the number of additional o units) 433 o t No change in the number of -� housing units - -- - --- -- - 434 13 - 13,591 - - - - e) N 2 ° A decrease in the number of housing V A units (in the housing units column. enter only the number of decreased cc m units) 435 Residential garages and carports_ -` _ (attached and detached) 436 1' 61664 00 - -- _ All other buildings and structures " r" 437 at7 d 63,495 • • Section V - CONVERSIONS PRIVATELY O'kNED PUBLICLY OR'NE'r Item Number Number — .__... _ —..._. Nc. Valuation of Valuation of — 9uil dings Housing construction (Omit cents) Buildings Housin - g construction (0mi7 units units cents) (a) (b) (c) (d) (e) If) (g) Nonresidential and nonhousekeeping buildings to housekeeping buildings 540 Housekeeping buildings to nonresidential and nonhousekeeping buildings 541 Section VI - DEMOLITIONS AND RAZING OF BUILDINGS One- family buildings attached and detached 645 _w`i"" "' °"- ?:": - °'` Two- family buildings 646 ,- Three- and four - family buildings 647 Five -or -more family buildings 648 All other buildings and structures 649 j e Section VII - ADDITIONAL INFORMATION FOR INDIVIDUAL PERMITS OF 5500,000 OR MORE Please provide in the space below, additional information for each individual permit valued at $500.000 or more entered in sections I through V. - -- 1t' h from •• Description Name and address of - Ownership Mark Valuation of Number of Number Sec owner or builder (X) consuuction housing of -V one (Omit cents) units buildings (a) (b) (c) (d) (e) (f) (g) Kind of building _______________________ UPrivate Site address _ Public f Kind of building _________________ 0Private Site address _______________ - _ - - _ - _ -- Public Kind of building _ - - Private ______ Site address _________ Public Kind of building [] Private Site address ____________ Public -Kind of building - - - - --- - - - - -- Private Site address _ _ _ _ _ - - Public Kind of building _ - ------- -- - - -- Private ________ Site address ______________ Public Kind of building _______ ____ __ Private - -- Site address ___________________ - _ -- - Q Public Kind of Wilding _ -- -- ----- - - - - -- Private _ - --------------- Si le address _ - _ - - - O Public Kind of Wilding - -- -- - - - - -- Q Private .. ______ __________ _ Site address..._ - ------ -- --- -- ---- - - -- -- QPublic... Comments Name of person to contact regarding this _ - - _ `. _ _ - Telephone Homer Pittman Area code _...� Number Extension Title w Building Official 612 S87 =5151 2 rc..>. r .1, V .TY OF HUTCHINSON • r MINUTES TRANSPORTATION BOARD SEPTEMBER 15, 1982 The meeting of the Transportation Board was held at 12 o'clock noon on Wednesday, September 15, 1982, in the conference room at the senior center. Members present: Emma Lake Russ Meade Clarice Coston Also present: Gary Plotz, City Administrator Hazel Sitz, Transit Coordinator Members absent: Rick Johnson Geri Johnson Ken Gruenhagen Jack Kjos, Chairman Due to the lack of a quorum, there was informal discussion only. Operating report for August continued to reflect low summer ridership. There was discussion of a reduced - price ticket promotion to be offered to merchants to encourage use of the shuttle by shoppers. Possible use of complimentary tickets was also discussed. Staff reported on activities related to the recent change of the Jefferson Lines depot to the transit office. Dispatchers have been handling ticket sales, freight business, and requests for information since September 2. The Jefferson bus stops in the senior center parking lot on its daily schedule. No future meeting date was set. Emma Lake, Secretary I _".N , BURNS MANOR MUNICIPAL NURSING HOME Minutes - February 1983 The Board of Directors for Burns Manor Municipal Nursing Home met Thursday, February 24, at Burns Manor, 12:00 noon, President Leslie Linder presiding. All members were present. A motion was made by Gloria Dansereau and seconded by Eldred Miller to accept the minutes as read. Motion carried. A motion was made by Keith Duehn and seconded by Gloria Dansereau to pay the bills as presented, a copy of which is attached to the minutes on file and made a part therof. Motion carried. Old Business: A motion was made by Keith Duehn and seconded by Esther Kuehl to pay for the Van from the Memorial Fund. Motion carried. Burns Manor Personnel Policies are being updated. The items that were purchased in December of 1982 were deleted from the 1983 projected budget. Minnesota Benefit Association will provide information to the employees of the broad range of services the association provides. The employee will be given the opportunity to voluntarily participate in the program and services. A detailed study of the dietary department has been done for a period of six months. The following facets were explored in depth: 1. Labor Study 2. Standards of cleanliness 3. Employee meal purchases 4. Five meal plan 5. Menus a. Baked items are produced from scratch. b. Menu offers items that are not purchased pre - prepared and is more imaginitive. 6. Cost Containment The conclusion was that the Dietary Department is doing an excellent job. Magistrate Brian Short is to rule on the "equal rate suit" in the very near future. David Jensen, Financial Advisor, gave the monthly financial report. `7 -c. Page 2 February Minutes 1983 A motion was made by Eldred Miller and seconded by Larry Graf Burns Manor policies, procedures, contracts agreements and transfer agreements are in effect. Motion carried. Mrs. Geier will serve as Preceptor for a student in Long Term Care, U. of M. A motion was made by Eldred Miller and seconded by Larry Graf to recommend to the City Council of Hutchinson, to consider Gloria Dansereau and Pastor Keith Duehn for reappointment to the Burns Manor Board of Directors. All members voting aye. Motion carried. A motion was made by Keith Duehn and seconded by Gloria Dansereau to write off the account of Robert Zrust for the sum of $150.00. Motion carried. Risk Control, Inc. will give us an opinion for a risk management program. They do not sell insurance but will recom- mend if we have adequate and cost efficient coverage. This was discussed and no decision was reached. A letter was written to DPW Commissioner Leonard Levine protesting the computation of dollars paid to Burns Manor for January, 1983, for services delivered by Burns Manor. There being no further business, a motion was made by Larry Graf and seconded by Eldred Miller, meeting was adjourned. Motion carried. The Burns Manor Board of Directors will meet Thursday, March 23, 1983 at noon, in the Annex Sun Porch at Burns Manor Municipal Nursing Home. Respectfully Submitted: y Mav s J. Gei ecretary ATTEST: Leslie L. Li r, Presi ent . w \ I 12) 587 -5151 'Y OF HUTCHINSON SHING TON AVENUE WEST NSON, M1NN. 55350 M E M 0 DATE: April 6, 1983 TO: Mayor and City Council FROM: Director of Engineering RE: Franklin Street 2nd Ave. S.W. to 4th Ave. S.W. As per your request, I submit the following cost estimates for Franklin Street: A. Franklin Street from 2nd Ave. S.E. to 66' South of 3rd Ave. S.E. 1. Grading, gravel base, bituminous base, bituminous wear and curb and gutter (west side only). Construction Cost ------------------------- $40,396.00 Administration and Engineering Cost- - - - - -- 8,079.00 Capitalized Interest---------------- - - - - -- 4,039.00 TOTAL-- --- ---------------- - - - - -- Frontage Served - 957 Cost /Front Foot - $49.28 -East Side Cost /Front Foot - $65.51 -West Side One (1) Lot is Zoned Residential One (1) Lot has 66' of Credit - -- $52,514.00 Assessable Cost - - - -- $42,328.00 City Cost (Street) - -$ 4,527.00 City Cost (Credit) - -$ 3,622.00 City Cost (Residen- tial Zone)--- - - - - -$ 2,037.00 Parking Area East Side Construction Cost --------------------- $5,188.00 Administration and Engineering Cost - -- 1,038.00 Capitalized Interest------------ - - - - -- 519.00 TOTAL ----------------------------- $6,745.00 Frontage Served - 478.5 Assessable Cost - - - -- $6,745.00 Cost Per Front Foot - $14.10 City Cost------ - - - - -$ -0- 2. Grading, gravel base, dust coat, seal coat and curb and gutter (west side only). �_ Mayor and City Council Franklin Street April 6, 1983 Page 2 Construction Cost ------------------------- $28,831.00 Administration and Engineering Cost- - - - - -- 5,766.00 Capitalized Interest---------------- - - - - -- 2,883.00 TOTAL --------------------------------- $37,480.00 Frontage Served - 957 Assessable Cost - - - -- $30,124.00 Cost /Front Foot - $33.57 -East Side City Cost (Street) - -$ 4,110.00 Cost /Front Foot - $49.80 -West Side City Cost (Credit) - -$ 2,217.00 One (1) Lot Zoned Residential City Cost (Residen- One (1) Lot has 66' Credit tial Zone)--- - - - - -$ 1,029.00 Parking Area East Side Construction Approved in 1982 - Assessment Procedure to be Resolved. 3. Grading, gravel base, dust coat and seal coat with no curb and gutter on West side. Construction Cost ------------------------- $24,711.00 Administration and Engineering Cost- - - - - -- 4,942.00 Capitalized Interest---------------- - - - - -- .2,471.00 TOTAL --------------------------------- $32,124.00 Frontage Served - 957 Assessable Cost - - - -- $26,108.00 Cost /Front Foot - $33.57 City Cost (Street) - -$ 2,770.00 One (1) Lot Zoned Residential City Cost (Credit) - -$ 2,217.00 One (1) Lot has 66' Credit City Cost (Residen- tial Zone) --- - - - - - $ 1,029.00 Parking Area East Side Construction Approved in 1982 - Assessment Procedure to be Resolved. B. Franklin Street from 66' South of 3rd Ave. S.E. to 4th Ave. S.E. 1 2 Grading, gravel base, bituminous base and bituminous wear. Construction Cost ------------------------- $14,680.00 Administration and Engineering Cost- - - - - -- 2,936.00 Capitalized Interest---------------- - - - - -- 1,468.00 TOTAL --------------------------------- $19,084.00 Frontage Served - 548 Cost /Front Foot $34.83 One (1) Lot Zoned Commercial Seven (7) Lots Zoned Residential Assessable Cost - - - -- $13,384.00 City Cost (Street) - -$ 697.00 City Cost (Residen- tial Zone)--- - - - - -$ 5,003.00 Grading, gravel base, dust coat and seal coat. . Mayor and City Council • Franklin Street April 6, 1983 Page 3 Construction Cost ------------------------- $ 8,792.00 Administration and Engineering Cost- - - - - -- 1,758.00 Capitalized Interest---------------- - - - - -- 879.00 TOTAL --------------------------------- $11.429.00 Frontage Served - 548 Assessable Cost - - - -- $10,485.00 Cost /Front Foot - $20.86 City Cost (Street) - -$ 417.00 One (1) Lot Zoned Commercial City Cost (Residen- Seven (7) Lots Zoned Residential tial Zone)--- - - - - -$ 527.00 You will note that the cost breakdown has been completed from 2nd Ave. to 66' South of 3rd Ave. This is to coincide with the diagonal on- street parking approved in 1982. ;X oa `�� Marlow V. Priebe Director of Engineering MVP /pv l Bid For Property I, Louis Brunner, 968 Hayden Ave., Hutchinson, MN hereby make the following bid for the South 30 feet of East 76 feet of Lot 2, Block 49, North Half of the City of Hutchinson. Ajy bid is $27,575.00. Enclosed you will find my bid security of $1,378.75 representing 5% of my bid. My bid is contingent upon the City of Hutchinson granting me an easement for ingress and egress to the West 301 of the above - described property for ingress and egress to the two existing overhead doors as shown on the enclosed diagram. In the event I am denied an ingress and egress easement across the city property proposed to become a parking lot, I withdraw my bid. Dated: 3- ,;� 8` W'3 � i I A OVIR Hf4o �[% STOR4t,f DooK5 To BE u5£i l-aoR pocK /-PASI.Mcy.-r NeCN7D Ap 7 S i OZ 5: IAL I J �[ovlS - I 5� ;Tor/Ar e !lO C n ' J i ARf A Q 0 1 erflcE {i..tH�. � oVCP / /t'90 D R h�ltt'/cS ESC 1t N$ !Ff7ilLCD dU�enT Ex'FNSC EVSlHG Sf ' r�1 -! gl`F1cE DOPR 1 PRCsENT $1DF WALK \ PRES[ttT A /P ROAC N »VLI YARD C17 aVC c"R81A' / /� /� PRE scHT /% A S S A �- -� % tJrHT PoLE r. 's LOCATeD Fa Cameo Cleaners bids: $28,501.00 Terms: 5% down, balance to be paid in contract for deed installments, with interest at 10% Der annum. Monthly ;nstallments to be $300.00 per month, which amount includes interest. Installments to commence 30 days after possession is delivered to successful bidder. The contract for deed shall be for a five (5) year period, after which period the remaining balance tscomes due and payable in lump sum. at Smith 45 Library Square A Co- Partnership Hutchinson, Minnesota City Council City of Hutchinson, Minnesota Gentlemen, We wish to submit the following bid relative to: Publication No. 3027 Invitation for Bids Garage Portion of Bretzke Property City of Hutchinson, Minnesota at a date agreeable for closing. Cash Amount offered in the amount of Buyers (45 Library Square Partnership) shall assume and pay Real Estate Taxes Payable in 1983 in the amount of plus the ratable share of assessment number 384. (approx. 310.02) Total Bid Certified Check Amount $ 547.41 Tenative plans are to utilize the space for parking. Date: Accepted: Partnership of: John Korngiebel DuWayne Peterson Ben Piehl Chad Piehl March 28, 1983 $ 9,120.00 1,518.12 Q] n m $ 10,948.14 ChZd B. Piehl -_ . AL_ 0 0 BID TABULATION CITY OF HUICFINSON Five -Stall Garage - Bretzke Property DATE March 28, 1983 - 2:00 P.M. BIDDER SURETY AMOUNT DELIVERY Louis F. Brunner 968 Hayden Ave., Hutchinson E5% of Bid $27,575.00 Contingent or easement Pat Smith - Cameo Cleaners Hutchinson 5% of Bid $28,501.00 5% Down; C/D $300 /Mo -101 Chad Piehl, Partner_ 45 Library Square, Hutchinson 5% of Bid $10,948.14 $9,120 Cash; pay taxes an assessment. 7_16-1 45 LIBRARY SQUARE • A CO- PARTNERSHIP • HUTCHINSON, MINNESOTA City Council City of Hutchinson, Minnesota Gentlemen, Partnership of: John Korngiebel DuWayne Peterson Ben Piehl Chad Piehl April 6, 1983 At the bid opening held Monday, March 28, 1983, a portion of our bid was not read and needs further explanation. It is our intention that the garage building, if sold to us, would be demolished at our cost and the space used for public parking. Except for a few spaces that would be marked as private to protect the gas meters and garbage dumpster. This would allow for the fullest utilization of the parking area. CBP /dag 45 Library Square By /,�oL�� �� ,Partner KORNGIEBEL ARCHITECTS 102 MAIN STREET HUTCHINSON, MINNESOTA 55350 612 - 587 -2483 April 5,1983 City of Hutchinson City Hall Hutchinson, Minnesota 55350 Re: 45 Library Square Project Gentlemen; We have reviewed the modifications that will be necessary to comply with the agreements between the City and Library Square Partnership on the wall between the five stall garage and our one story north building. Overhead door, windows and duct openings to be closed with masonry infill. We will require easements for utilities and meters as required by public and private suppliers. Any openings on north wall of five stall garage must also be protected by rated infill, as this is a property line wall and no openings are allowed by code. All damage to the interior of Library Square property re- cently incurred by City crews will have to be corrected. Sincerely yours, John W. Korngiebe , AIA j Korngiebel Architects JWK /pw k — -, 9 NEIL J. JENSEN ATTORNEY AT LAW 22 NORTH MAIN. HUTCHINSON. MN 55350 TELEPHONE 612/567 -2046 March 21, 1983 /x20'2122 t�� � 23ap- �� I'rl iq l�lrt^O N1 AEC1}. UEJD Ql CD Mr. Gary Plotz� City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Re: Jorgenson Conservatorship - Lots 11 & 12, Block 3, Selchow- Jorgenson Addition Dear Gary: As I indicated the other day, I have been asked to represent the Jorgenson Conservatorship with respect to the -- question of its interest in the above - referenced real estate. These properties were deeded to the City some years ago when the addition was platted, with the intention that they be used for a park. I understand the City has decided that it is not econo- mically feasible to use the properties in that way and wishes to sell them. I have done some legal research to determine the rights of the City and Jorgenson Conservatorship, and it appears that dedication of the properties as park land gave the City an ease- ment subject to our retained fee interest. My proposal would be for the properties to be sold with payment "off the top" of expenses of sale and reimbursement to the City of the fair value of its improvements. The balance remaining would then be split equally by the Jorgenson Conservator- ship and the City. Please review this proposal with the Council and get back to me at your earliest convenience. Thank you. Neil NJJ:mle CC: Jorgenson Conservatorship very tr S -�1 (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: April 11, 1983 TO: Mayor and City Council FROM: Director of Engineering RE: City Property Lots 11 and 12, Block 3, Selchow- Jorgenson Subdivision I have checked our records and found the following improvement date on the above - referenced lots, as requested: Original Type of Improvement Lot Amount Year Assessment Roll Interest Rate Sanitary Sewer F, Watermain 11 $ 235.41 1966 6% Sanitary Sewer $ Wate-rmain 12 $ 235.41 1966 6% Storm Sewer $ 11 $ 184.86 1961 6% Storm Sewer 12 $ 149.21 1961 6% Curb 8 Gutter & Surfacing 11 $ 487.50 1966 6% Curb F, Gutter $ Surfacing 12 $ 487.50 1966 6% Based on the above data, the present cost the City has invested is as follows: Tnt Nnmhcr Original Amount Interest Total 11 $ 235.41 $ 225,99 $ 461.40 11 $ 184.86 $ 232,92 $ 417.78 11 $ 487.50 $ 468,00 $ 955.50 cost investment to date is far below todays cost for the improvements. Total Lot 11 -------------------- $1,834.68 12 $ 235.41 $ 225.99 $ 461.40 12 $ 149.21 $ 188.00 $ 337.21 12 $ 487.50 $ 468.00 $ 955.50 Total Lot 12 -------------------- $1,754.11 Based on present day costs, the following costs would be assessed: Lot Curb & Gutter Number Sewer F, Water Storm Sewer $ Surfacing Total 11 $1,950.00 $1,694.55 $2,550.00 $6,194.55 12 $1,950.00 $1,367.74 $2,550.00 $5,867.74 Based on this data, the City cost investment to date is far below todays cost for the improvements. Marlow V. Priebe MVP/PV Director of Engineering 'r - -.A (612) 587.5151 F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 March 24, 1983 Gary Plotz Hutchinson City Clerk Hutchinson City Hall Hutchinson, MN 55350 RE: Temple Lodge No. 59 Dear Gary: I am enclosing two copies of an agreement between Temple Lodge No. 59 and the City of Hutchinson. The agreement is nothing more than a formalized statement of the terms and conditions of the purchase agreement previously entered into by these parties. I would appreciate it if you and the Mayor could sign the document and return it to me. I am also enclosing the warranty deeds to the Temple Property. This deed has been properly signed and executed and should be forwarded to the McLeod County Recorderts Office along with a $5.00 check for recording fees. I am also providing for your storage the abstract of title to this property. JHS:dlp Enclosures Sincerely yours, ACHAEFER LAW OFFI E \ .S. James H. Schaefer Hutchinson City Attorney Y—tp- . A G R E E M E N T r THIS AGREEMENT, Made this _ %_ day of March, 1983, by and between Temple Lodge No. 59 Ancient Free and Accepted Masons of Minnesota, a corporation organized and existing under the laws of the State of Minnesota, hereinafter referred to as "Lodge ", and City of Hutchinson, a municipal corporation organized and existing under the laws of the State of Minnesota, hereinafter referred to as "City "; WITNESSETH that: WHEREAS, the Lodge has concurrently with the execution of this agreement sold and conveyed to City the following described real estate in the County of McLeod, to -wit: Lots 1 & 2, Block 13, Townsite of Hutchinson, South Half; and, which real estate contains an improvement consisting of a brick building; and, WHEREAS, the Lodge and City desire to agree with regard to questions of possession and salvage. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Lodge is entitled to retain actual physical possession of the property until October 15, 1983. 2. Lodge shall be responsible for all utilities until October 15, 1983. 3. Lodge shall indemnify and save harmless the City against and from any and all claims by or on behalf of any person or persons for personal injuries, wrongful death, or property damage arising out of any act or occurrence committed or'happening in or on the property from date of Agreement until October 15, 1983. 4. Lodge shall have the right to remove any fixtures or improvements contained on or within the property prior to delivery of possession of the property to the City on October 15, 1983. Temple Lodge No. 59 Ancient Free 0 "% ♦ . reasurer -2- City of Hutchinson Lo Its By� N Its (�, �-ty U t'� C ►r t _ (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: April 6, 1983 --------- - - - - -- TO: _Mayor and City Council — — _ ----------- - - - - -- FROM: —Gary . D. . P. lo. tz. , City. A. dm. in. is. tr. at. o r and Ken Merrills City Accountant SUBJECT: —Advertisement for Bids ------------------------- - --- - -- On March 22, 1983 the City Council authorized advertisement for bid of a station wagon for the Recreation Department. After further discussion, we feel that a vehicle of a more general utility nature would be more advantageous. Specifically, we suggest advertising for a medium sized pickup with a topper, including a sliding window off the rear cab window. In the event a station wagon is needed for out -of -town travel, we feel that the Fire Marshal's station wagon could be used, if available. It is noted that the vehicle it is replacing was a pickup truck, and it is a budgeted item. /ms I (6 12) 587 - 5157 — -- — s /iY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 April 12, 1983 M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: PERSONNEL COORDINATOR l RE: AGENDA ITEM 9a - Consideration of Hiring Two Part Time Officers This item was intended to be "For Your Information" as shown on the reverse side of page 9a in your packet. Chief O'Borsky's memorandum was an inter - office communication. The Council may choose to review this item, or to take no action on it. q_jq 9 1 0 DATE 3-17 -83 POLICE DEPARTMENT MEMORANDUM TO Hazel Sitz FROM Chief Dean M. O'Borsky SUBJECT Hiring Part -time Officers I recommend that Michael Buske and Jeffrey Kaping be hired as part -time police officers. The intent is that they will not actually begin work until June and they will be utilized to fill in for vacations for the full -time officers. They are currently college students studying law enforcement and are eligible to become licensed part -time officers. DMO:neb FAMMUSAM EMPLOYMENT ADVISORY TO MAYOR AND CITY COUNCIL CITY OF HUTCHINSDR NAME Michael Buske Jeffrey Kaping JOB TITLE Part -time police officers SUPERVISED BY Dean 0'Bo FOR YOUR INFORMATION DATE April 12, 1983 ADDRESS Hutchinson r EMPLOYMENT STATUS NEW EMPLOYEE FULL TIME PAY RATE $5.90 (Level F in Part Time Pay Scale) Hutchinson X OTHER: X PART TIME OR SEASONAL COMMENTS To begin work in June to fill in during officers_ vacations. They have previously been unpaid reserves. College students studying law enforcement; eligible to become licensed part time officers. (See attached memo from D. O'Borsky) THE ABOVE PERSONNEL ACTION CONFORMS TO ADOPTED PERSONNEL POLICY AND TO THE COUNCIL APPROVED SELECTIO PROCESS DEPARTMENT HEAD PERSONNEL�COORDINATOR �� n p- l-L CITY AI�OINISTR OR 6 6 Idarch 30, 1983 Hutchinson, Minnesota Honorable Mayor and City Council City of Hutchinson Hutchinson, Minnesota Gentlemen We the undersigned all of who are abutting property owners on Sherwood Circle from Jorgenson Street to East Terminus request permission to make permanent street improvements by the installation of bituminous surfacing. It is our desire to make these improvements by hiring a private contractor to complete the work for us. All improvements will be paid by the undersigned property owners and at no participation by the City of Hutchinson in the im- provement costs. The bituminous construction will be done according to specifications governed by the Minnesota Standard Specifications for Highway Construction dated January 1, 1978 and the City of Hutchinson Standard Specifications for Street Construction. Inspection of work during construction is requested of City Engineering Department and acceptance of same by City subsequent to completion. Sincerely ,yours f Virgil Kreie ' 3 - 3D SY Victor Schmidt 3 - Doroth3 Thomas James L. Encl: Detail of proposed construction �/- Z -' q—) r, sNzE )ZwooD (f)/ectt DETAIL Oc PIZOPOSED CONSTRUCTION CIL L^ aI'? L I V )WAwef . I, — .J ,),.,I C¢G Owrse e Ll �J r (612) 587 -5151 ' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: April 6, 1983 --------- - - - - -- TO: Mayor and City Council -------------------------------- FROM: Gary D. Plotz, City Administrator T - SUBJECT: Request by School Superintendent for Installation of 18 -12 Foot _ High Fence Along South Side of Washington Avenue from Glen Street North On March 28, 1983 the School Superintendent requested the authorization to install a fence on Washington Avenue adjacent to the elementary children's play area. The City staff feels that a fence would be to the interest of the health, welfare and safety of the elementary children, as playground balls often roll out onto Washington Avenue, with children following. After discussion with the City Attorney, it was felt the proper procedure would be to obtain authorization to proceed with the public hearing for a conditional use permit for the height of a fence. Subsequent to considera- tion of the conditional use permit, the Council would be presented with an agreement drawn by the City Attorney whereby the School District would pay for the cost of the fence plus installation and any future maintenance. Attached is a map showing the approximate location of the fence. cc: Glenn Matejka, Supt. /ms Risk Control, y is II 216 WATER STREET INSURANCE MANAGEMENT SERVICES EXCELSIOR. MINNESOTA 55331 1612) 474 -5206 April 8, 1983 Members of the City Council City of Hutchinson 37 Washington Ave. Hutchinson, Mn. Gentlemen: After reviewing the various insurance policies currently carried by the City of Hutchinson (I have not yet reviewed the group employee benefits coverages), it is my rendation that a Public Bidding be held for the following listed exposures: 1. Property (ie buildings & contents) 2. Scheduled property (ie contractors equip.and miscellaneous property.) 3. Business interruption and extra expense 4. Bond, Money and Depositors forgery 5. General Liability (including airport, liquor store and prenises/ operations) 6. Autombile liability and physical damage 7. Boiler (other than municipal utility which has a different anniversary date) 8. Umbrella Liability 9. Workers Compensation lo. Police Professional & Public official liability The only policies currently carried in the property /liability area that should not be included in the public bidding process are: 1. The boiler coverage of the municipal electric utility because of a different anniversary date and the coverage and price appear to be quite good; 2• The professional malpractice and premises liability of the Hospital and Nursing Horne because we are seeking renewal quotations on these coverages and provided they are reasonable, the policies should remain with the St. Paul ccnpanies since there are very few insurers with as good a track record in medical malpractice; 3. The Directors and officers liability coverage for the Hospital and Nursing Hone since both of these policies have been prepaid until 1985; and 4. Malpractice coverage for medical students working weekends at Hutchinson Emergency Medical Education Program for the same reasons as stated above regarding medical malpractice. 9 --,V. Members of the City Council City of Hutchinson April 8, 1983 Page II The timetable that I recommend would be to advertise in your local newspaper immediately and distribute specifications to prospective providers on or about April 15, 1983 or as soon thereafter as is feasible. The bid opening date would be June 21, 1983 and the decision would be made by the council at their June 28, 1983 meeting. (The anniversary date of your insurance is July 1, 1983) My reasons for this recommendation are as follows: 1. I believe that 1983 may well be the last year that premium rates will go down. If this is the case, it would be wise to be sure your insurance program is priced as conpetitively as possible since insurers tend to take rate increases by applying a percentage to your current premium. 2. Unlike a few years ago, we are seeing a number of insurers who are actively interested in insuring municipalities with increased flexibility and favorable pricing. Your current carrier, The Home Insurance Company, is no longer the only insurer interested. 3. I have noticed that certain parts of your current insurance policies contain minor overlaps in coverage, some possibly unnecessary coverages and several policies where possibly one policy would be sufficient. The most appropriate time to address these issues is through a bid process because the cost of insuring can be accurately weighed against the benefits of self - insuring, etc. 4. Although I understand you have been obtaining renewal quotations from your agent on an annual basis, your insurance has not been publicly bid for more than three years. We normally reconmend a three (3) year bid cycle. I believe that it is most likely that a bidding at this time will result in savings for the City and also affords us an opportunity to deal with the questions I raised in item three (3) above. The objective, as I see it, is to improve your coverage in terms of policy language, completeness, and limits with respect to your catastrophic exposures; possibly eliminate coverages for premium savings in areas where the exposure to loss is manageable; and be sure your premium rates are as law as is available for the exposures that you must and/or choose to insure. I, therefore, recommend that the City proceed with a public bidding process in the fashion and for the reasons stated in this letter. Thank you in advance for your attention to this matter and for giving me the opportunity to be of service to you. S' ely, �G Dwight Tan ge Risk Manager M.. cc: Mr. Gary Plotz, City Manager Mr. Phil Graves, Hospital Administrator Mrs. Mavis Gei Nursing Hare Administrator Mr. Rufus Alexr, Utilities Superintendent 0 (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: — APRIL 6, -1983 — — — — — — — TO: MAYOR AND CITY COUNCIL FROM: RALPH NEUMANN SUBJECT: OLD PLOWMANS BUILDING CORNER -STONE -------------------------- -- - - -- I would like to discuss this corner -stone as I have had an inquiry as to its future ownership. �► i Swanke Motors, Inc. 145 Washington Ave. E. Hutchinson, Minnesota 55350 587 -4999 April 6, 1983 City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 RE: Conditional Use Permit Dear Marilyn: � 3G5678\ lrp Enclosed is our $5.00 filing fee for the Special Permit for use of the City Boulevard as per our previous arrangements. Our request is continued use of the boulevard fronting Washington Ave. at the junction of Washington and Adams Street for another one -year period. Thank you for your letter. Sincerely, mes A. Swanke President JAS:imk B ® K OtDSMOBIIf PONTIAC zz 9 -G E SEVENTH -DAY ADVENTISTS 10001 WAYZATA BLVD. • MINNETONKA, MN 55343 • 612 -545 -8894 Zity Clerk Hutchinson, P?innesota 55350 Dear Sir, �j APR190 , RECEIVED By- — As per your suggestion, I am writing in reference to obtaining permission to sponsor a running event in your City on the 5th of June, 1983. This event would be held in connection with the Camp !Ieeting that is held annually in Hutchinson. It would be my hope that it could become a good drawing card for the City of Hutchinson in the years to come. I have mentioned this in oast years here in the office, but now there is an interest and I believe it would be a good time for it. I would hope that to begin we could draw at least 300 participants. The race that is held in Nfinstead on a Sunday a little later in the year has reached that number. �!e would be providing a T -shirt and trophies, most of the cost, hopefully, would be covered by the entrance fees. We would have two courses, one of 3.3 :Hiles, the other of 5.2 miles. The tentative route (s) are: (1) North from the academy on 15, ''West on the first intersecting County road, south on the paved road t:-.at runs by the 'Water Tower, in ether words, making a circle that does not cross any street or roads. (2) The same as above, except that when you come to the County Club Road, you turn into the unpaved road, all the way to the fence that separates the County Club from the city. Through the fence to the city street, down the city street to Highway 7 (but not crossing the highway), back towards town and taking the first north city street back up to route described in (1) to the school. We would, of course, have a consent form or wavier that would exempt the City, the School, and all concerned from any damages that might occur from a participant in the race -this is done all the time. We would have sions warning motorist that that runners were on the road. We would have people keeping tract of the runners at different points, and your own police department would probably swing through the area, or even /Vi participate in any way they deem necessary. Some places they travel the route with lights on at a slow speed. I would love to see the event grow to something that would attract many people to Hutchinson and I think it can be with a lot of advertizing and a good race condition. This would not cost the city anything, of course, and may bring people in that otherwise would not come there. If this seems all right to you, please let me know right away as the preparations do need to be made soon. Sincer E . Dobkins, Jr. 0 0 0 COUNCIL MINUTES MARCH 16, 1983 0 CORRECTED COPY (f) CONSIDERATION OF STATUS OF HUTCHINSON POLICE DEPARTMENT Police Chief Dean O'Borsky stated there was a real need for additional space in the police department. He projected his department needed about 6,000 square feet, not including garage space. He further commented that he was opposed to adding on a second floor to the existing building or remodeling the old fire station for his department. He would, however, be in favor of purchasing the Central District Services building for a police station. City Administrator Plotz Hall would be available, the owner. Purchase of the north at some future Cooperati.re Building was police department. pointed out that the property contingent upon a life estate this property would enable the time. Mention was also made for sale and could house both No action was taken on this matter. (g) CONSIDERATION OF MUNICIPAL SWIMMING POOL There was no action on this subject. (h) CONSIDERATION OF CITY HALL EXPANSION /REMODELING to the north of City for Mrs. Sheppard, City to expand to that the Crow River City Hall and the It was the general consensus of the Council not to spend any money on City Hall at this time, except for necessary repair. (i) CONSIDERATION OF GYMNASIUM FACILITY No action was taken on this issue. (j) CONSIDERATION OF SCOPE OF RESPONSIBILITIES FOR FACILITIES COMMITTEE (DEFERRED FEBRUARY 22, 1983) Extensive discussion was given to the Facilities Committee, its makeup and scope of responsibilities. Alderman Gruenhagen made the motion to refer the following items to the facilities committee and be in the following order: 1) old fire station, 2) public library, 3) police department, 4) gym facilities, 5) swimming pool, and 6) City Hall. Motion seconded by Alderman Beatty and failed by the following vote: Aldermen Gruenhagen and Beatty voted aye and Aldermen Carls and Mlinar and Mayor DeMeyer voted nay. It was the consensus of the Council that the appointed committee should determine the order of priorities in accordance with the amount of money available. -3- O:• i • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 22, 1983 1. CALL TO ORDER The meeting was called to order by Mayor DeMeyer at 7:30 P.M., with the fol- lowing present: Alderman Mike Carls, Alderman John Mlinar, Alderman Kenneth Gruenhagen, Alderman Ted Beatty, and Mayor'James G. DeMeyer. Also present: City Engineer Marlow V. Priebe, City Attorney James Schaefer, and City Ac- countant Kenneth B. Merrill. 2. INVOCATION The invocation was given by the Reverend Jon Lindekugel. 3. MINUTES The minutes of the regular meeting of March 8, 1983 were approved as presented upon motion by Alderman Beatty, seconded by Alderman Carls and unanimously ap- proved. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR REDUCED REFUSE CHARGE BY AUGUSTA HANKE Following discussion, Alderman Gruenhagen moved to approve the reduced refuse charge. Motion seconded by Alderman Beatty and carried unanimously. (b) COMMENDING POLICE OFFICERS RON KIRCHOFF AND MIKE HOGAN FOR OUTSTANDING SERVICES Mayor DeMeyer read a letter from Fire Chief Orlin Henke in which he com- mended Sgt. Ronald Kirchoff and Officer Michael Hogan for their outstand- ing services beyond the call of duty at the time of a two car head -on col- lision. Through their efforts, they saved a life. It was moved by Alderman Mlinar, seconded by Alderman Carls, to adopt Resolutions No. 7357 and No. 7358, Resolution for Commendation of Serv- ices. Motion unanimously carried. (c) DISCUSSION OF ROBERTS RULES OF ORDER BY GAYLE WICK This item was deleted from the agenda. J. COUNCIL MINUTES MARCH 22, 1983 (d) COMMUNICATIONS FROM RESIDENT ON NORTH HIGH DRIVE Mayor DeMeyer read a letter from a resident on North High Drive in which she expressed concern for the safety of persons living at Burns Manor Nursing Home. The traffic is heavy and fast on this street, and it was suggested that it have a lower speed limit or have signs posted indicat- ing "slow - quiet zone." The letter was referred to the Police Department for review and a recom- mendation. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 3/83 - AN ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY LEGALLY DESCRIBED AS: LOTS 9 & 10, BLOCK 12, SOUTH HALF OF THE CITY OF HUTCHINSON The Chair stated it was his opinion that Ordinance No. 3/83, authorizing the sale of municipally owned property, was drafted after the fact and, therefore, the document and deed were null and void. Following several attempts by Council members to carry on discussion and being called "out of order," Alderman Mlinar moved to appeal the Mayor's ruling. The motion was seconded by Alderman Beatty and carried, with Ald- ermen Gruenhagen, Beatty, Carls and Mlinar voting aye. The Chair did'bot vote. City Attorney Schaefer stated that the question regarding the Ordinance pertained to the order of events as they occurred. It was his legal opin- ion that there was no question the Ordinance was valid. Both of the at- torneys for the purchasers of the Old Armory building had been contacted, and they were satisfied with the conditions as they exist. After discussion, it was moved by Alderman Mlinar, seconded by Alderman Beatty, to waive the second reading of Ordinance No. 657 and adopt it. The motion carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. (b) ORDINANCE NO. 4/83 - 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 City Engineer Priebe reported the City had been notified that it would be necessary to restrict parking on the south side of Second Avenue SE be- tweenAdams Street and HumnStreet to meet the requirements for municipal state aid streets. 6'.E • COUNCIL MINUTES MARCH 22, 1983 11 Following discussion, the motion was made by Alderman Carls to waive the first reading of Ordinance No. 4/83 and set the second reading for April 12, 1983. Motion seconded by Alderman Beatty and unanimously approved. (c) RESOLUTION NO. 7352 - RESOLUTION FOR PURCHASE After discussion, Alderman Beatty moved to waive reading and adopt Reso- lution No. 7352. The motion was seconded by Alderman Mlinar and carried unanimously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL STATEMENT - FEBRUARY 1983 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF PLANNING COMMISSION DATED FEBRUARY 15, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (c) MINUTES OF PARKS AND RECREATION BOARD DATED FEBRUARY 2, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (d) MINUTES OF TREE BOARD DATED FEBRUARY 15, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF FRANCHISE AGREEMENT BETWEEN CITY OF HUTCHINSON AND ARTHUR BENJAMIN SR. (DEFERRED FEBRUARY 22, 1983) Mr. Arthur Benjamin, Jr. discussed with the Council the two franchises to allow a loading dock and underground storage facility for Nemitz Paint, Wallpaper and Glass store. He specifically made reference to Section 2(C) in Ordinance 1/83 and expressed concern that any Council would be able to interfere with the business operation in the future. City Attorney Schaefer stated that after the adoption of the two Ordi- nances, Mr. Arthur Benjamin, Sr. would have 30 days in which to file with the City Clerk his written acceptance of the Ordinances and the conditions stated. -3- COUNCIL MINUTES MARCH 22, 1983 Following discussion, Alderman Beatty moved to approve and enter into a franchise agreement between the City of Hutchinson and Arthur Benja- min Sr. for a period of 20 years. Motion seconded by Alderman Gruenhagen and unanimously carried. Alderman Beatty made the motion to waive the first reading of Ordinance No. 1/83 entitled An Ordinance Granting Permission to Arthur Benjamin, Sr. Doing Business In the City of Hutchinson, Minnesota, to Operate and Main- tain A Below Ground Storage Area On First Avenue Southwest In the City of Hutchinson and set the second reading for April 12, 1983. Motion seconded by Alderman Gruenhagen and carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to waive the first reading of Ordinance No. 2/83 entitled An Ordinance Granting Per- mission to Arthur Benjamin, Sr., Doing Business In the City of Hutchinson, Minnesota, to Operate and Maintain A Loading Ramp Within the Street Right - of -Way on Franklin Street In the City of Hutchinson and set the second reading for April 12, 1983. Motion unanimously approved. (b) DISCUSSION OF ORDINANCE REGARDING TRANSIENT MERCHANTS (REQUESTED BY JOHN BRINKMAN) (DEFERRED FEBRUARY 22, 1983) After discussion, the motion was made by Alderman Beatty to defer this item to one of the two scheduled City Council Workshops. Alderman M14nar seconded the motion, and it was approved unanimously. (c) CONSIDERATION OF GUIDELINES FOR CITY COUNCIL PROCEEDINGS It was the Mayor's opinion that Alderman Mlinar's comments on the proposed guidelines did not address the municipality, and he ruled it out of order. After discussion, Alderman Carls moved to appeal the Mayor's ruling. Mo- tion seconded by Alderman Beatty and carried with a 4 -0 vote, with the Chair not voting. The question was raised if the Chair had the power to declare an ordinance or agenda item null or void and if it was necessary to appeal his ruling before the Council members could address the issue. The City Attorney re- sponded that the procedure followed was correct. When the Chair makes a ruling, it must be appealed and seconded, with a vote of all non -Chair mem- bers. The Mayor stated he was following Section 100, Subd. 2 of the City Ordinance Book. Following discussion, Alderman Beatty instructed the City Attorney to in- vestigate the action of the Mayor declaring an ordinance (agenda item 6 -a) and agenda item (8 -c) as "out of order." Motion seconded by Alderman Mlinar and unanimously carried. -4- 0 • 9 0 COUNCIL MINUTES MARCH 22, 1983 Alderman Beatty moved that the guidelines question be made an agenda item for the City Council Workshop. Alderman Mlinar seconded the motion, and it was unanimously approved. (d) REVIEW OF QUESTIONS SUBMITTED TO COUNCIL ON FEBRUARY 14, 1983 BY PAT MIKULECKY, TOM STIBAL, GAYLE WICK, AND HELGA NEILSON (REQUESTED BY ALDERMAN JOHN MLINAR) (DEFERRED MARCH 8, 1983) Alderman Mlinar addressed the questions presented to the Council by the four authors on February 14, 1983, and he presented an answer to each is- sue. (e) CONSIDERATION OF FRANKLIN STREET IMPROVEMENT City Engineer Priebe requested the Council to reconsider the street im- provement on Franklin Street. Following discussion, Alderman Beatty moved to direct the City Engineer to prepare a cost estimate for both temporary and permanent streets in the area of Franklin Avenue Southwest to Second Avenue.and report to the next Council meeting. Alderman Carla second the motion and unanimously carried. RECESS: Alderman Carla moved to recess for 10 minutes at 9:.35 P.M. Motion seconded by Alderman Beatty and unanimously approved. (f) CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS FOR 1983 IMPROVEMENT PROJECTS AND ADVERTISE FOR BIDS The City Engineer reported on the plans and specifications for approved 1983 improvement projects. It was recommended that the bids be opened on April 25, 1983 at 2:00 P.M. After discussion, it was moved by Alderman Beatty, seconded by Alderman Mlinar, to approve the plans and specifications. Motion approved unani- mously. Alderman Beatty made the motion, seconded by Alderman Carls, to waive reading and adopt Resolution No. 7353 entitled Resolution Approving Plans and Specifications and Ordering Advertisement for Bids. Motion carried unanimously. (g) CONSIDERATION OF APPOINTMENTS TO PUBLIC FACILITIES COMMITTEE (DEFERRED FEBRUARY 8, 1983) The two Council representatives and City Administrator recommended names of appointees to the Public Facilities Committee. Mayor DeMeyer voiced -5- COUNCIL MINUTES MARCH 22, 1983 an objection to appointing individuals living outside the city limits who are not voters of the city. He felt the final decision on this is- sue should be made by tax payers within the city limits. After discussion, Alderman Beatty moved that the Council approve the names under the Areas of Industry and Commerce and Other Representation from which these people are selected to participate and instruct the City staff to contact the people invited, with the exception of those living outside the corporate limits. who are to be replaced by someone within the city limits. Motion seconded by the Chair. Alderman Beatty moved to amend the motion to exclude the Police Chief from inclusion in the previous motion of those to be removed from the "' list. The Chair seconded the motion, and it carried with Aldermen Beatty and Carls and Mayor DeMeyer voting aye, and Aldermen Gruenhagen and Mlinar voting nay. Alderman Beatty made the motion to recommend a budget of $3,000.00 from the contingency fund to cover operating expenses of the committee. Mo- tion seconded by Alderman Carls. Following discussion, the motion was amended by Alderman Beatty that the budgeted $3,000.00 be taken from the revenue sharing funds. Motion seconded by Alderman Carls and unanimously approved. It was pointed out that two women had been removed from the list of com- mittee members. Alderman Carla moved that the City Administrator make - sure that of the five replacements, at least two are female. Motion sec- onded by Alderman Gruenhagen and carried unanimously. It was moved by Alderman Carls, seconded by Alderman Mlinar, that the City Administrator extend an invitation to five women residing in each of the five precincts in town to be added to the committee. Motion ap- proved unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS There was no one present to request an extension of the payment period. It was moved by Alderman Beatty, seconded by Alderman Mlinar, to accept the staff recommendation of accounts to have discontinued service at 12:00 noon on March 28, 1983. Motion carried unanimously. (b) CONSIDERATION OF 1983 PLANNING DATA BY HANSEN, THORP & PELLINEN INC. City Engineer Priebe reported that the cost for section breakdowns by Hansen, Thorp & Pellinen would not exceed $1,300.00, which was a budgeted item. -6- 0 0 COUNCIL MINUTES MARCH 22, 1983 Following discussion, Alderman Gruenhagen moved to approve the firm. Motion seconded by Alderman Beatty and approved unanimously. (c) CONSIDERATION OF RESOLUTION TO ALLOW FOR PROPERTY SPLIT FOR DARREL BECKER The property being considered for a lot split is located both within the City and township. It was the recommendation of the County Zoning Admin- istrator that the property go under the jurisdiction of the City regula- tions. City Engineer Priebe stated there would be no further considera- tion of continuing Keith Street, now known as Neal Avenue, through this property. After discussion, it was moved by Alderman Beatty to approve the split of the property. Motion seconded by Alderman Gruenhagen and unanimously car- ried. Alderman Gruenhagen moved to waive reading and adopt Resolution No. 7356 entitled Resolution Granting Permission Under Section 1.70 of Subdivision Ordinance No. 466 to Allow the Sale of Property By Metes and Bounds. Ald- erman Beatty seconded the motion, and it carried unanimously. (d) CONSIDERATION OF ESTABLISHING DATE OF MAY 6, 1983 FOR BOARD OF REVIEW Following discussion, Alderman Gruenhagen made the motion to approve the date of May 6, 1983 at 10:00 A.M. for the local Board of Review. Motion seconded by Alderman Mlinar and unanimously approved. (e) CONSIDERATION OF APPLICATION FOR RENEWAL OF CLUB ON -SALE LIQUOR LICENSES: 1. AMERICAN LEGION POST 1196 2. CROW RIVER COUNTRY CLUB 3. HUTCHINSON ELKS LODGE 4. V.F.W. POST NO. 906 City Attorney Schaefer made reference to the March 1983 edition of Minne- sota Cities in which an article appeared regarding liquor licenses and the dram shop law. He stated that effective March 1, 1982 every person licensed to sell at retail intoxicating liquor or non - intoxicating malt liquor at on -sale or off -sale shall demonstrate proof of financial respon- sibility. The state statute exempted from the insurance provision beer and wine licenses with sales of less than $10,000.00 annually. It was the suggestion of the City Attorney that the applicants be required to provide proof of financial responsibility through a certificate of in- surance listing the policy number, base amount of policy, and the insurer. The applicants of a beer or wine license, with under $10,000.00 annual business, should provide an affidavit by the owner that the amount is under $10,000.00 and a letter from the applicant's accountant stating -7- COUNCIL MINUTES MARCH 22, 1983 that sales in the preceding year did not exceed $10,000.00. The City Clerk would submit it to the Liquor Control Division. Mayor DeMeyer commented the provision should be included that the insur- ance policy should not be terminated without notifying the city. After discussion, Alderman Carls moved to approve the applications for Club On -Sale Liquor Licenses and authorize the issuance of licenses, with the consideration given to the City Attorney's and Mayor's comments on conditions as recorded on the cassette tape of the meeting. Motion seconded by Alderman Mlinar and carried unanimously. (f) CONSIDERATION OF APPLICATION FOR RENEWAL OF ON -SALE INTOXICATING LIQUOR LICENSES 1. T. L. SCALAWAGS, INC. 2. VELVET COACH, INC. 3. TIMOTHY O'TOOLE'S PUB 4. LEBISTRO CAFE Following discussion, it was moved by Alderman Beatty to approve the On- Sale Intoxicating Liquor License applications and issue licenses, with the same stipulations as stated in item 9 -e. Alderman Gruenhagen seconded the motion, and it unanimously carried. (g) CONSIDERATION OF APPLICATION FOR RENEWAL OF ON -SALE WINE LICENSE 1. GOLD COIN CHINESE RESTAURANT City Attorney Schaefer pointed out that the statute exempts from the in- surance requirement beer and wine licenses with sales of less than $10,000 annually. However, the City can make the requirements more stringent than what the State law requires. After discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Beatty, to grant the On -Sale Wine License under the same condi- tions as the other groups,requiring a certificate of insurance for beer and wine. Motion approved unanimously. (h) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY GEORGE THELEN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. George Thelen requested a Conditional Use Permit to allow the construc- tion of a convenience grocery /gas store in a C -4 zone. Following discussion, Alderman Gruenhagen moved to approve the Conditional Use Permit. Motion seconded by Alderman Beatty and carried unanimously. -8- 0 COUNCIL MINUTES MARCH 22, 1983 It was moved by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 7354 entitled Resolution Granting Con- ditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Construction Of A Grocery/Gas Convenience Store. Motion unani- mously approved. (i) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY GEORGE THELEN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, CONTINGENT UPON -STAFF RECOMMENDATIONS Mr. George Thelen requested a variance to allow the construction of the proposed grocery /gas convenience store with a five foot setback from the rear property line rather than the 15 foot setback required. It was recom- mended to approve the variance, contingent that the 101.5 feet average depth and 114 feet width meet the parcel size requirements, all black - topped area meet city requirements for blacktopped parking lots, and the city draft easement to the alley as shown on the site plan. Following discussion, the motion was made by Alderman Beatty to approve the variance with the contingencies. Motion seconded by Alderman Mlinar and unanimously carried. Alderman Beatty moved to waive reading and adopt Resolution No. 7355 en- titled Resolution Granting Variance from Section 6.05, B.3 of the Zoning Ordinance No. 464 to Allow Construction of Food and Fuel Structure with Setback. The motion was seconded by Alderman Carls and approved unani- mously. (j) CONSIDERATION OF REQUEST FOR ZONING RECLASSIFICATION SUBMITTED BY LARRY SORENSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Larry Sorenson requested to rezone property located at 305 Bluff Street from C -2 to IC -1. After discussion, Alderman Mlinar made the motion to approve the rezon- ing. Motion seconded by Alderman Beatty and carried unanimously. It was moved by Alderman Mlinar, seconded by Alderman Beatty, to waive the first reading of Ordinance No. 5/83 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations In the City of Hutchinson And the Official Zoning Map and set the second reading for April 12, 1983. Motion carried unanimously. (k) CONSIDERATION OF ANNUAL REVIEW OF COMPREHENSIVE PLAN WITH FAVORABLE APPROVAL FROM PLANNING COMMISSION City Engineer Priebe reviewed the City's Comprehensive Plan. He explained proposed future developments, although no changes were made on the map. COUNCIL MINUTES MARCH 22, 1983 The motion was made by Alderman Mlinar, seconded by Alderman gruenhagen, to approve the report. Motion unanimously approved. (1) CONSIDERATION OF REVISED PRELIMINARY PLAT FOR WOOD VIEW ACRES AS SUBMITTED BY DENNIS ALBERTSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was reported that the word "Oak" was deleted from the plat name and proposed streets. The new name of "Wood View Acres" and proposed street names were approved by the Planning Commission. Following discussion, Alderman Carls moved to approve the preliminary plat for Wood View Acres. The motion was seconded by Alderman Gruenhagen and unanimously carried. (m) CONSIDERATION OF PREPARING SPECIFICATIONS AND ADVERTISING FOR BIDS: 1. MID -SIZE PICKUP WITH PLOW 2. COMPACT SIZE STATION WAGON 3. PAINT WATER TOWER AT SOUTH PARK After discussion, it was moved by Alderman Mlinar to approve preparing specifications and authorize advertising for bids. Motion seconded by Alderman Gruenhagen and carried unanimously. (n) CONSIDERATION OF APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL SUBMITTED BY JIM MCCLURE FOR LEBISTRO RESTAURANT After discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Beatty, to approve the cigarette license for LeBistro Cafe. Motion approved unanimously. (o) CONSIDERATION OF PURCHASE OF A LAWN GENIE FOR PARK DEPARTMENT Following discussion, Alderman Carls moved to approve the purchase of a lawn genie in the amount of $1,895.00 from Minnesota Toro, Inc. Motion seconded by Alderman Mlinar and unanimously carried. (p) CONSIDERATION OF 1983 DUTCH ELM DISEASE PROGRAM City Forester Mark Schnobrich reported on the 1983 Dutch elm disease pro- gram and how it has changed in recent years. It was moved by Alderman Mlinar, seconded by Alderman Gruenhagen, to ap- prove the program and advertise for bids to be opened April 4, 1983 at 1:30 P.M. Motion unanimously approved. -10- • • 0 9 COUNCIL MINUTES MARCH 22, 1983 (q) CONSIDERATION OF PURCHASING A GRASS SEEDER It was the recommendation of the Parks and Recreation Department to pur- chase an Olathe 642 aerator and 1642 seeder from Minnesota Toro, Inc. in the amount of $1,815.00. After discussion, the motion was made by Alderman Gruenhagen to approve the purchase. Motion seconded by Alderman Beatty and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schaefer reported that the City has attempted to collect a double payment from Snyder Bros. Tree Service for the past two years. He requested authorization to initiate a collection action against them. Alderman Beatty moved to approve and authorize the City Attorney to pursue collection. Motion seconded by Alderman Carls and unanimously approved. (b) COMMUNICATIONS FROM ALDERMAN GRUENHAGEN Alderman Gruenhagen stated that he felt some special recognition should be given to.the two police officers mentioned in agenda item 5 -b for their heroic act. Following discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Mlinar, that the City Administrator and Police Chief deter- mine an appropriate meritorious award for the two police officers and re- port back to the Council regarding this matter. Motion carried unanimously. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Alderman Carls moved to approve the claims and authorize payment from the appropriate funds. Motion seconded by Alderman Mlinar and carried, with the Chair abstaining from voting. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:00 P.M. upon motion by Alderman Mlinar, seconded by Alderman Carls and unanimously carried. -11- • • MINUTES BID OPENING MARCH 28, 1983 The bid opening was called to order by Mayor DeMeyer at 2:00 P.M., with the follow- ing present: Alderman Ted Beatty, Mayor James G. DeMeyer, City Administrator Gary D. Plotz, and Administrative Secretary Marilyn Swanson. Mayor DeMeyer read Publication No. 3027, Invitation for Bids, Garage Portion of Bretzke Property, City of Hutchinson, Minnesota. The following bids were then opened and read: Louis F. Brunner AMOUNT TERMS 968 Hayden Avenue Contingent upon ease - Hutchinson, MN $27,575.00 ment for ingress and egress Pat Smith 5% down; Contract for Cameo Cleaners Deed at 10% interest; Hutchinson, MN $28,501.00 $300 /Month payments. Five -year period for C /D, with balance due and payable in lump sum. Chad Piehl & Partners Cash amount of $9,120.00; 45 Library Square Buyers assume and pay real Hutchinson, MN $10,948.14 estate taxes ($1,518.12) payable in 1983 plus rat- able share of assessment No. 384 ($310.02 approx.) The three bids were referred to the City Council for advisement. There being no further business, the meeting adjourned at 2:10 P.M. N I MINUTES SPECIAL MEETING - HUTCHINSON CITY CO`JNCIL FRIDAY, APRIL 1, 1983 The Mayor called the special meeting to order at 12:00 Noon, with the following present: Alderman Mike Carls, Alderman John Mlinar, Alderman Kenneth Gruenhagen, Alderman Ted Beatty, and Mayor James G. DeMeyer. Also present: City Administra- tor Gary D. Plotz. The City Administrator presented the proposed names of appointees to the Public Facilities Task 'Force Committee to replace the six individuals living outside the city limits and the five women from each of the precincts in Hutchinson. It was pointed out that four of the five women precinct appointees are employed by the 3M Company; therefore, it would not be necessary to fill the appointment of a female production worker from 3M. After discussion, Alderman Mlinar moved to accept the recommended names and to delete the open appointment of a female production worker from 3M. Motion sec- onded by Alderman Gruenhagen and unanimously approved. There being no further business, the meeting adjourned at 12:07 P.M. upon motion by Alderman Mlinar, seconded by Alderman Beatty and carried unanimously. 0 0 MINUTES BID OPENING MONDAY, APRIL 4, 1983 The bid opening was called to order by Alderman Ted Beatty at 1:30 P.M., with the following present: Alderman Ted Beatty, City Administrator Gary D. Plotz, City Forester Mark Schnobrich, and Administrative Secretary Marilyn Swanson. Alderman Beatty read Publication No. 3028, Advertisement for Bids, 1983 Tree Removal and Stump Removal, City of Hutchinson. The following bid was then opened and read: Carr's Tree Service, Inc Otter Tail, MN Section A - $18,186.30 Section B - 7,229.75 Section C - 3,855.00 Total - $29,271.05 The bid was referred to the City Forester and Tree Board for review and a recommendation. The bid opening adjourned at 1:40 P.M. 1=�` 0 POLICE DEPARTMENT MEMORANDUM TO Mayor and City Council FROM Chief of Police Dean M. O'Borsky 0 DATE 3 -29 -83 SUBJECT Request for reduced speed zone on North High Drive 1 have attached a letter that was referred to me by Mayor DeMeyer by residents requesting reduced speeds on North High Drive near the Burns Manor Nursing Home. MSA 169.14(5) provides that when a local authority believes that an existing speed limit upon any street is greater than is reasonable or safe under existing conditions that they may request the Commissioner of Highways to authorize appropriate signs designating what speed is reasonable and safe. To have such a change in the speed zone would require an engineering and traffic investigation by the Highway Department. Based on my past experience I do not personally believe that the problem alluded to would meet the criteria that has been established by the State in this type of situation. I would therefore suggest that in order to alleviate this potential problem the City Council direct the Street Department to erect appropriate signs which would warn drivers of a potential hazard. Such signs could say CAUTION PEDESTRIANS or other appropriate expression of warning. In addition I will instruct the officers on my department to specifically patrol that area on such occasions as there may be heavy foot traffic and will also instruct them to vigorously enforce the speed limit on that street. If however, the City Council so desires to go forward with a study or investigation by the State Highway Department please refer this matter to me and I will initiate the steps necessary to accomplish that. DMD:neb J✓ J — Alk- 'yes .°fin eta Q.n-.r JCkOA- Cl- AA J L� � 12) 587 -5151 ICY OF 1, UTCHINSON �SHINGTONAVENUE WEST INSON, MINN. 55350 M E M 0 DATE: April 11, 1983 TO: Mayor and City Council FROM: Director of Engineering RE: Oakwood Lane Improvement Project 83 -02 A review of the street condition on Monday, April 11, 1983, I find that additional work in the amount of $2,600 may have to be done to prepare the base. This will increase the project to $12,350.00. Marlow V. Priebe Director of Engineering MVP /pv S=C 12) 587 -5151 rY OF HUTCHINSON 1SNlNGTON AVENUE WEST lNSON, MINN. 55350 M E M 0 DATE: March 31, 1983 TO: Mayor and City Council FROM: Director of Engineering RE: Surface Improvement Oakwood Lane The attached petition has been signed by all of the property owners on Oakwood Lane according to records on file with the City. The attached resolutions are required according to the Local Improvement Guide. Marlow V. Priebe Director of Engineering MVP /pv attachments ,4 �—e' To: City of Hutchinson Hutchinson, Minnesota Gentlemen: 2� '6•. MAR 3?33 RECEIVED �� BYE ✓�P 0 We the undersigned, residents of Oakwood Lane, do hereby request the city of Hutchinson, to make Oakwood Lane a permanent surfaced road as per conversations with city engineer Marlowe Priebe. 7.5 `S 8. �i- • • 12) 587 -5151 F"Y OF HUTCHINSON �SHINGTON AVENUE WEST WSON, MINN. 55350 ENGINEER`S REPORT DATE: March 31, 1983 TO: Mayor and City Council FROM: Director of Engineering SUBJECT: Street Surfacing Improvement Project Gentlemen: I have studied the request and discussed the proposal with one of the property owners. At the present time, it does not appear feasible to provide sanitary sewer and storm sewer to Oakwood Addition for at least 10 years. I, therefore, find it feasible to construct a bituminous surface on Oakwood Lane at this time. I do want to clarify that this surfacing will have to be removed at the time the sewers are installed and the property owners would be assessed for surfacing again, probably when the curb and gutter is installed. As per the Subdivision Agreement, the street portion of the improvement will be assessed on a per lot basis and the surfacing to each lot will be assessed on the individual costs. If acceptable, I recommend a hearing be held on April 26, 1983, at 8:00 P.M. PROJECT 83 -02 Bituminous Surfacing and Appurtenances on Oakwood Lane in Oakwood Addition Construction Cost Engineering Fiscal and Miscellaneous Land Acquisition Capitalized Interest $ 7,500.00 750.00 TOTAL--------------------------------------------- $ 9,750.00 Assessable Cost Deferred Assessable Cost City Cost TOTAL--------------------------------- ------ - - - - -- MVP /pv $ 9,750.00 9,750.00 Marlow V. Priebe Director of Engineering RESOLUTION NO. 7360 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. A certain petition requesting the improvement of Oakwood Lane in Oakwood Addition by a permanent surface, filed with the Council on April 12th 1983, is hereby declared signed by all of the owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to Marlow V. Priebe, City Engineer, and he is instructed to report to the Council with all convenient speed advising the Council, in a preliminary way, as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the City Council this 12th day of April , 1983. City Clerk 0 0 RESOLUTION NO. 7361 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT WHEREAS, pursuant to resolution of the Council adopted April 12th 1983, a report has been prepared by Marlow V. Priebe, City Engineer, with reference to the improvement of Oakwood Lane in Oakwwod Addition by permanent surface, and this report was received by the City Council on April 12th 1983. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 9,750.00 2. A public hearing shall be held on such proposed improvement on the 26th day of April , 1983, in the Council Chambers of the City Hall at 8:00 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the Council this 12th day of April , 1983. City Clerk �NSOH / J� \ 8567891 Oj>, n9 ua l ('�Zezz1 RR? ^83 _ o F v j EIVEp CC / m OF CO 2�26 218 North Main • Hutchinson, MinneSota 55350 • (612) 587 -5252 April 5, 1983 City Council City Hall 37 Washington Ave. W. Hutchinson, MN 55350 Dear City Council Members, The Hutchinson Area Chamber of Commerce has sponsored a Community Clean -Up Campaign for the past five years, utilizing youth groups. Each year, they have picked up over a ton of litter along the highways entering Hutchinson, the riverbanks and parks. The date set for the 1983 Spring Clean Up is Saturday, May 7th. Many groups will be participating and two Hutchinson firms will provide treats for the youth after the Clean-Up - 7 -Up /Northland Beverage and Hardee's. We are asking the cooperation of the City of Hutchinson in the following: 1. Permission to use the bandshell in Library Square as a headquarters for the youth groups to meet, get their instructions and materials and to gather after the Clean -Up. We will be sure to leave the area clean. 2. Assistance from the Street Dept. in removing the bags of litter the youth collect with the City. We would request a truck and driver or arrangement for litter removal. 3. Guidance and counsel from the Street Dept. so the youth clean the most important areas. 4. Permission will be requested from the County Dump to dump the litter at no charge. This is especially necessary if individuals help remove the bags of litter on county roads with their own trucks and for our own City truck. 5. Maplewood students will be arranging a Clean -Up activity on Thursday, May 5th, which will include sweeping city sidewalks on Main Street, washing store front windows, plus polishing up a few city vehicles. This is an event in which the youth groups work very hard, have a good time, and feel they have done a worthy project for their community. Hopefully, it can be done annual),y -and grow in participation. WSinc Cldrp, V HuicChamber of Commerce y We, the undersigned, feel that there is no justfiable need for timed parking in the lots behind Drain Street. Therefore, we request that the three hour limited ordinance be revoked so that employees of downtown businesses have a place to park. -7,Ulr" } Ito - `;, r, R Rax 150 hiuf0 %tr u /d �G ST- 5 y3Y /i;Vn/ tU4t", J X35 3l'o OG-k� }}-- ,ef �y as ► so, 110-41� 7 >� r5o . �Z)4t ACS 'e P a o W, / 4ijI1 aW�f 4a� - 7 5.6- any 11 f 2 30 jae dd Lp /y/ �- 717e� -1 fd IIAI=� 2 T� a t AaM 4- ,�, tl L -t� C-3 I)o6. 0 n I �41e eY Alone i • • ')tali Council Minutes - December 29, 1982 motion was seconded by Alderman Mlinar and carried, with Alderman Gruenhagen, Beatty and Mlinar voting aye and Mayor DeMeyer voting nay. l (c) ORDINANCE NO.17/82 - AN ORDINANCE LICENSING AND REGULATING THE CONDUCT OF BINGO AND RAFFLES AND THE USE OF PADDLE- WHEELS, TIPBOARDS, PULL -TABS OR TICKET JARS AND PROVIDING A PENALTY FOR VIOLATION Police Chief O'Borsky stated it is currently illegal in the State of Minnesota to gamble on a liquor licensed pre- mise. A solution to the problem would be to enact ordin- ances allowed by State law which provide for the licens- ing of Bingo, paddle wheels, tip boards, and pull -tabs. City Attorney Schaefer pointed out the proposed ordinance states the regulations for the three types of licenses; namely, bingo license, gambling devices license, and combi- nation. license. After discussion, Alderman Beatty moved to waive the first reading of Ordinance No. 17/82 and set the license fees at $10 for a bingo license, $25 for a gambling devices license, and $20 for a combination license. There was no second and the motion failed. Alderman Gruenhagen moved to waive first reading of Ordinance No. 17/92 and to set the license fees at $10 for a bingo li- cense, $25 for a gambling devices license, and $35 for a com- bination, with a December 31 expiration date for all three licenses. Motion seconded by Alderman Beatty and unanimously approved. ORDINANCE NO.18/82 - AN ORDINANCE AMENDING SECTION 715:40 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "TIME LIMIT, PARKING ZONES" BY ADDING SUBDIVISION NO. 11 THERE- TO City Attorney Schaefer stated the proposed three -hour time limit for parking in municipally owned parking lots would be for a six - month trial period. After review at the end of that time frame, the Ordinance could be repealed if desired. After discussion, it was moved by Alderman Beatty to set the second reading for Ordinance No. 18/82 for January 11, 1983, with an amendment of the days to Monday through Friday. Alder- man Gruenhagen seconded the motion, and it unanimously carried. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL STATEMENT - NOVEMBER 1982 4 i i Published in the Hutchinson Leader Tuesday, January 18, 1983 Publication No. 3016 ORDINANCE NO. 656 AN ORDINANCE AMENDING SECTION 715:40 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "TIME LIMIT, PARKING ZONES" BY ADDING SUBDIVISION NO. 11 THERETO THE CITY OF HUTCHINSON DOES ORDAIN: Section 1. Section 715:40 of the 1974 Ordinance Code of the City of Hutch- inson is hereby amended with the following additions: Subd. 11. It shall be unlawful to park any motor vehicle for a period of time of more th?n three hours in any municipally owned parking facility located between- Franklin Street on the west, Hassan Street on the east, Crow River on the north and Fourth Avenue on the south between the hours of 8:00 A.M. and 5:00 P.M. Monday through Friday. Section 2. This Ordinance shall take effect upon its publication. Adopted by the City Council this ATTEST: 11th day of January 1983• 9 s �• 0 EFFECTIVE JULY 1, 1980 AFFIDAVIT I RA R T 1t2 AM OVER 65 YEARS OF AGEt.OR I AM ON DISABILITY AS DEFINED BY THE SOCIAL SECURITY ADMINISTRATION, AND MY INCOME IS LESS THAN $5,000 PER YEAR. THE STANDARD CHARGE OF $6.00 FOR TRASH AND REFUSE- SERVICE WOULD IMPOSE A FINANCIAL HARDSHIP ON ME AND I THEREFORE ASK REDUCTION OF THE CHARGE TO $1.50 SIGNATURE STREET ADDRESS % [ o1- G /� %��_d A -0 ge-1 Ch1 /•JSo �✓ FOR OFFICE USE ONLY TO: WATER DEPARTMENT Date Data Change TO: CITY COUNCIL Account Number Council Action: Approved DATE Disapproved S� MINUTES HUTCHINSON PLANNING COMMISSION TUESDAY, APRIL 19, 1983 1. 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, Thomas Lyke, Roland Ebent, Jim Johnson, Elsa Young and Chairman Romo. Absent: Don Erickson. Also present: City Engineer Marlow Priebe, City Administrator Gary Plotz, Building Official Homer Pittman, City Attorney James Schaefer. 2_ MINUTES The minutes of the regular meeting dated Tuesday, March 15, 1983, were approved on a motion by Ted Beatty. Seconded by Roland Ebent, the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF A REQUEST FOR CONDITIONAL USE AS SUBMITTED BY LARRY SORENSON The hearing was opened at 7:34 P.M. by Chairman Romo with the reading of publication #3039 as published in the Hutchinson Leader on Thursday, April 7, 1983. The request is to allow remodeling, building expansion and a security fence in an IC -1 zone, located at 305 Bluff Street. Mr. Larry Sorenson was present to explain the proposed plans. After discussion, the hearing was closed at 7:42 P.M. on a motion by Mr. Beatty. Seconded by Mrs. Young, the motion carried. A motion was made by Mr. Ebent to recommend to the City Council approval of the conditional use permit as requested with the stipulation that parking areas be surfaced as required for parking lots by July 1, 1984, and if the elevation of the area meets require- ments for the flood fringe zone. Seconded by Mr. Beatty, the motion carried unanimously. (b) CONSIDERATION OF A REQUEST FOR CONDITIONAL USE AS SUBMITTED BY GARY AND JOAN PLOTZ The hearing was opened at 7:44 P.M. by Chairman Romo with the reading of publication #3037 as published in the Hutchinson Leader on Thursday, April 7, 1983. The request is to allow the construction of a doughnut and fuel store (gas pumps) in a C -4 zone. Mr. Ron McGraw was present representing the prospective owners. Hutchinson Planning Commission April 19, 1983 Discussion followed concerning curb cut on Century Ave. Mr. McGraw explained that the wider curb cut is necessary to allow for smooth traffic flow and gas unloading. The hearing was closed at 7:50 P.M. on a motion by Mr. Beatty. Seconded by Mr. Johnson, the motion carried unanimously. A motion was made by Mr. Beatty to recommend to City Council approval of the conditional use permit as requested. Seconded by Mrs. Young, the motion carried unanimously. A motion was made by Mr. Beatty to recommend to the City Council that the 40' curb cut showing better design be allowed. Seconded by Dr. Lyke, the motion carried unanimously. (c) CONSIDERATION OF REQUEST FOR SIGN VARIANCE(S) AS SUBMITTED BY GARY AND JOAN PLOTZ (MISTER DONUT) The hearing was opened at 7:55 P.M. by Chairman Romo with the reading of publication #3038 as published in the Hutchinson Leader on Thursday, April 7, 1983. The request is for a variance to allow a maximum of 608 square feet for aggregate signage, which includes standard building signage of 198 square feet, a duo -pole pylon sign of 392 square feet and a directional traffic sign of 9 square feet; a variance to allow the standard directional sign of 9 square feet; and a variance to allow . standard building sign of 198 square feet. Mr. Ron McGraw was present to represent the prospective owners. He explained that the signs are standard franchise signs, common to mall areas. A representative from McDonald's restaurant, located on Hwy 15 South, was present to ask about the location of the sign. Mr. McGraw explained that the signs met all other requirements, i.e., setback, height. After discussion, Mr. Ebent made a motion to, close the hearing at 8:08 P.M. Seconded by Mrs. Young, the motion carried unanimously. A motion was made by Mr. Beatty to recommend to City Council approval of the variance(s) as requested based on the fact that shape and size of parcel is limiting. Seconded by Mrs. Young, the motion carried unanimously. Mr. Johnson asked that it be noted that recommendation is also based on the fact that this is the type sign available through the franchise. r Hutchinson Planning Commission April 19, 1983 (d) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT AS SUBMITTED BY CITY OF HUTCHINSON The hearing was opened at 8:15 P.M. by Chairman Romo with the reading of publication #3042 as published in the Hutchinson Leader on Thursday, April 7, 1983. The request is for a 10' chain link fence with top rail to run along the blacktop area just east of the playground along Washington Avenue for approximately 391, and for a 4' chain link fence with top rail to continue along Washington Avenue to Glen Street. Mayor James DeMeyer was present to speak on the request. As the City is a trustee of the park, he asked the Planning Commission to direct the matter to the Parks and Recreation Department. If it was found that the fence is needed, the City would erect the fence on the park property. After discussion, Mr. Beatty moved to close the hearing at 8:35 P.M. Seconded by Mrs. Young, the motion carried unanimously. A motion was made by Mr. Beatty to recommend to the City Council approval of the conditional use permit to allow construction of chain link fence 10' high and 4' high and angled at the corner of Glen and Washington to better insure the safety of the park. Seconded by Mrs. Young, the motion carried unanimously. (e) CONSIDERATION OF A REQUEST FOR CONDITIONAL USE PERMIT AS SUBMITTED BY MILLER PROPERTIES The hearing was opened at 8:40 P.M. by Chairman Romo with the reading of publication X13035 as published in the Hutchinson Leader on Thursday, April 7, 1983. The request is to change a planned unit development from 1 building of 8 units to 2 buildings of 2 units and 2 buildings of 3 units. Mr. James McClure was present to explain that this same request was approved two years ago, but economic conditions prevented them from going ahead with the development. Because the 6 month time limit for conditional use had run out, it was necessary to reapply. The design is the same as before. After discussion, it was also determined that the project must be started within 6 months and completed within 2 years before another application would have to be made. Hutchinson Planning Commission April 19, 1983 The hearing was closed at 8:47 P.M. on a motion by Mrs. Young. Seconded by Mr. Beatty, the motion carried unanimously. A motion was made by Mr. Ebent to recommend to the City Council approval of the conditional use permit as submitted. Seconded by Mr. Beatty, the motion carried unanimously. (f) CONSIDERATION OF A REQUEST FOR PRELIMINARY AND FINAL PLAT APPROVAL FOR "MC DONALD'S SEVENTH ADDITION" AS SUBMITTED BY LORETTA MCDONALD The hearing was opened at 8:50 P.M. by Chairman Romo with the reading of publication #3036 as published in the Hutchinson Leader on Thurs- day, April 7, 1983. _ In a memo dated April 7, 1983, City Engineer Marlow Priebe explained staff recommendations. After discussion, Mr. Beatty moved to close the hearing at 8:54 P.M. Seconded by Mr. Johnson, the motion carried unanimously. Mr. Beatty made a motion to recommend to the City Council approval of the preliminary and final plat as submitted as long as the park contribution of $572.88 is made. Seconded by Mrs. Young, the motion carried uanimously. (g) CONSIDERATION OF A REQUEST FOR PRELIMINARY AND FINAL PLAT APPROVAL FOR "CALIFORNIA ADDITION" AS SUBMITTED BY JOHN MILLER The hearing was opened at 8:55 P.M. by Chairman Romo with the reading of publication #3040 as published in the Hutchinson Leader on Thursday, April 7, 1983. John Miller was present to explain the request. In a memo dated April 7, 1983, City Engineer Marlow Priebe explained staff recommendations. After discussion, Mr. Beatty moved to close the hearing at 8:57 P.M. Seconded by Mr. Johnson, the motion carried unanimously. Mr. Beatty made a motion to recommend to City Council - approval of the preliminary and final plat as submitted. Seconded by Mrs. Young, the motion carried unanimously. (h) CONSIDERATION OF A REQUEST FOR ZONE RECLASSIFICATION AS SUBMITTED BY JOHN MILLER The hearing was opened at 8:58 P.M. by Chairman Romo with the reading of publication k 3041 as published in the Hutchinson Leader on Thursday, April 7, 1983. Hutchinson Planning Commission April 19, 1983 City Engineer Marlow Priebe was present to explain this new zoning. There is nothing platted in this zoning at the present time. The regulations are the same as for R -2 except that manufactured homes are allowed in the zone. Mr. Beatty moved to close the hearing at 9:00 P.M. Seconded by Mr. Ebent, the motion carried unanimously. Mr. Beatty made a motion to recommend to City Council the approval of the request to change the zoning to R -4. Seconded by Mr. Johnson, the motion carried unanimously. (i) CONSIDERATION OF REQUEST FOR CONDITONAL USE AS SUBMITTED BY CROW RIVER GLASS, INC. The hearing was opened at 9:02 P.M. by Chairman Romo with the reading of publication #3043 as published in the Hutchinson Leader on Thursday, April 7, 1983. Building Official Homer Pittman was present to explain that the applicant had not submitted the necessary elevations to determine-if the area met flood fringe requirements. Without the necessary elevations, a recommendation cannot be made. Mr. Beatty made a motion to continue the hearing until the necessary maps and drawings are brought forth. Seconded by Mrs. Young, the motion carried unanimously. 4. Old Business None. 5. New Business (a) CONSIDERATION OF THE RESIGNATION OF PLANNING COMMISSION MEMBER JAMES JOHNSON Mr. Johnson read a letter of resignation from his position on the Planning Commission to be effective June 1, 1983. It was the unanimous decision of the Planning Commission to accept the resignation, with regret. Discussion of filling the position followed. City Administrator was asked to find out those persons who are interested and send a memo to the Planning Commission Members with those names listed. An informal meeting will be called to determine recommendations from the Planning Commission before the next Council meeting. (b) PRESENTATION OR RESOLUTION OF APPRECIATION TO JAMES JOHNSON Hutchinson Planning Commission April 19, 1983 Mr. Beatty made a presentation of a Resoultion of Appreciation to Mr. Johnson for serving on the Planning Commission. (c) PLANNING SLIDE PRESENTATION A slide presentation on procedures for the Planning Commission prepared by the State Department of Urban and City Development was shown. 6. ADJOURNMENT Mr. Beatty made a motion to adjourn the meeting at 9:45 P.M. Seconded by Mr. Johnson, the motion carried unanimously. 0 f +r ++ 0 EMPLOYMENT ADVISORY TO MAYOR AND CITY COUNCIL NAME Ron Fausch JOB TITLE Seasonal Park Maintenance SUPERVISED BY Bruce Ericson FOR YOUR INFORMATION DATE April 26, 1983 ADDRESS 156 North High Drive, Hutchinson EMPLOYMENT STATUS NEW EMPLOYEE FULL TIME X OTHER: Previous Seasonal X PART TIME OR SEASONAL spring - summer PAY RATE $3.50 /hr. COMMENTS _ Budgeted seasonal park maintenance to begin work in May THE ABOVE PERSONNEL ACTION CONFORMS TO ADOPTED PERSONNEL POLICY AND TO THE COUNCIL APPROVED SELECTION PROCESS, de�� �_ � ARTM HEAD PERSONNEL COORDINATOR 1 TX TOR (v o /Yk' /i°� /Y i �1- MINUTES MINNESOTA COALITION OF OUTSTATE CITIES MARCH 18, 1983 FOR YOUR INFORMATION 1 CALL TO ORDER The meeting was called to order by President Avery Hall at 10:05 a.m. The following representa- tives were present: Dean Massett, Red Wing Ed Powderly, Red Wing Harlin Owens, Worthington Dave Sollenberger, Winona Earl Laufenburger, Winona Wayne Nelson, Northfield Pete Stolley, Northfield Bill Bassett, Mankato Herb Mocol, Mankato Elmer Malinen, St. Cloud Rob Grasslin, St. Cloud Sam Huston, St. Cloud Avery Hall, Waseca Harold Johnson, Stewartville DeAnnaBurns, Stewartville Bernard Gratzek, Sauk Rapids Jim Nitchals, Fergus Falls Kelly Ferber, Fergus Falls Ed Gamradt, Little Falls Pat Spence, Little Falls Tom Manninen, Little Falls Phyllis Boedigheimer, Elk River Richard Hinkle, Elk River Mark Sather, Waseca Also present: Peggy Flicker, League of Minnesota Cities Joel Jannick, League of Minnesota Cities Phil Cohen, Senator Durenberger's staff 2 MINUTES It was moved by Mocol, seconded by Grasslin, to approve the minutes of the meeting held February 18, 1983, as presented; the motion passed unanimously. 3 STATE State Auditor, Arne Carlson, and representatives of AUDITOR his staff, addressed the Coalition of weaknesses per- ceived by his staff with regard to local audits and his proposal for change in the current audit requirements. Carlson stated that his proposed revisions in the audit requirement would essentially grant his office the authority to require or perform the compliance audit of each City once every four years. He emphasized that this would grant his office the authority but not necessarily require it to perform this audit. He explained that the current system of municipal auditing lacks logic, giving examples that cities most in need of audits are often not having them performed, cities with populations over 2,500 may use any auditor and counties have lobbied to maintain exemption from requirements of standardization through use of generally accepted accounting principles. He further stated that his office is often flooded with peti- tion audits and in most cases problems are found when the audit is completed. Carlson went on to state that his department is operated as a fee for service agency and therefore he does not have a surplus of auditors waiting for call. When they are called in they most often pick up where another auditor has left off and a considerable amount of bookkeeping is necessary before an audit can be completed. He stated that twenty percent of the audits submitted to his office by independent auditors are MINUTES - MINNESOTA COALITION OF OUTSTATE CITIES - MARCH 18, 1983 - PAGE 2 defective and this may be caused in part by the fact that Councils are often encouraged to go with a low bid and not consider the qualifications of the auditing firm or individual. Under the current law, his office has no authority to audit the books of a municipality until there is a problem. He has discussed this issue with several organizations including the State Auditor's organization and the League of Minnesota Cities and asked for their suggestion of possible solutions if they disagree with his proposal. To date he has not received suggestions from any of these groups. In response to a question from Earl Laufenburger, the auditor stated that under his proposed revision his office would not necessarily review a city every four years but would have the power to do so. Laufenburger stated that he is not necessarily opposed to the proposed change but is concerned as his city has entered a five year commitment with its current auditors. In response to the concern expressed by Laufenburger, the auditor stated that'he would not likely be interested in auditing cities with representatives in the 2? Coalition as most of these cities are larger, have reasonably sophisticated account- ing systems and submit acceptable annual financial reports which are audited in an acceptable fashion. Of major concerns to his office is the requirement of an'accept- able audit and the determination of acceptable auditing firms. In response to questions from members of the Coalition, the auditor summarized the success of the fiscal stress analysis which was performed for Minnesota cities stating that he was satisfied with the results but would like cities to take over the task as this would be more in line with the responsibilities of his office. Following consi- derable discussion, a committee composed of Bill Bassett of Mankato, Wayne Nelson of Northfield and Tom Manninen of Little Falls was appointed to study the problem of qualified auditors and consider a recommendation to the auditor's office which may be submitted by the Coalition. 4 LEGISLATIVE Don Slater, League of Minnesota Cities, apprised STATUS REPORT the Coalition of the status of important legislation including a CATV Bill (S.F. 66) and its impact on local prerogatives and cable television control, and the various proposed changes in the Local Government Aid Formula. He explained that there are currently four or five formulas being proposed and that the League of Minnesota Cities is currently attempting to reach agreement on a position which may be submitted to the legislature. He also highlighted the propose Hotel /Motel Tax Bills and the status of these bills in the House and Senate. Joel Jannick, League staff, described the proposed Super Fund Bill which is being supported by the League. Fie stated that the bill seemed to have support in the House but the Senate had removed the liability limit which creates considerable concern for cities. League lobbyists are currently trying to obtain an amendment to resestablish a liability limit. Peggy Flicker, League staff, presented greater detail regarding the status of Local Government Aid Bill and the Hotel /Motel Tax Bills. { -- - 0 0 • a MINUTES - MINNESOTA COALITION OF OUTSTATE CITIES - MARCH 18, 1983 - PAGE 3 FEDERAL Phil Cohen, Senator Durenberger's staff apprised the LEGISL -AT ION Coalition of the status of various legislative issues pending in the U.S. Congress. He described the settle- ment reached on Social Security and the Jobs Bill, and explained that General Revenue Sharing seems to have wide spread support and will likely be continued. In response to questions regarding the EPA Construction Grants Program, Cohen stated that the proposed Federal budget provided for reduction in appropriations for the Clean Waters Act, however, appropriations for the Construction Grants Program is not proposed to be reduced less than that previously announced. He advised the Coalition that Senator Durenberger will conduct a hearing on the impact of the proposed reduction in funding for environmental regulations and stated that he may contact members to determine their interest in appearing at this hearing. ADJOURNMENT There being no further business to be brought before the Coalition, the meeting was adjourned at 2:15 p.m. Respectfully submitted, Mark Sather Secretary /Treasurer MEETING NOTICE AGENDA COALITION OF OUTSTATE CITIES APRIL 22, 1983 CAPITOL HOLIDAY INN - ST. PAUL 10:00 A.M. 1. REGISTRATION 2. CALL TO ORDER /ROLL CALL 3. MINUTES OF MEETING HELD MARCH 18, 1983 4. DISCUSSION OF PROPOSED LGA LEGISLATION - Representatives of Senate and House Subcommitees 5. GROUP DISCUSSION (LUNCH - $9.00 PER PERSON) 6.' LEGISLATIVE STATUS REPORT - LMC STAFF 7. FEDERAL LEGISLATION - PHIL COHEN - Congressional Hearing on Environmental Appropriation 8. OTHER BUSINESS 9:30 A.M. 10:00 A.M. 10:15 A.M. 11:30 A.M. NOON 1:15 P.M. 2:00 P.M. 2:15 P.M. 9. ADJOURNMENT 2:30 P.M. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REGISTRATION FORM Minnesota Coalition of Outstate Cities April 22, 1983 - St. Paul Person(s) will attend from the City of (including our ZegisZativo rCi-resentatives) (F,egistration Fee of $9.00 per person payable at meeting) No representative of the City of urZl be present. Return before April 20, 1983 Mark Sather, City Manager 508 South State Street Waseca, Minnesota 56093 (612) 577.5151 CITY 01=: 37 WASHING T6&AVENJ�NeST HUTCHINSON, M1; IN, 55350 M E M 0 DATE: April 18, 1983 TO: Mayor and City Council FROM: Director of Engineering RE: Sanitary Sewer System FOR YOUR INFORAiIATION I have reviewed the problems that occurred on April 13th, 1983 with Ralph Neumann and Finley Mix. The major problems were as follows: 1. North trunk line from Sewage Treatment Plant to its West termini by Campbell Lake was surcharged. 2. Old river line from North trunk line to Amaco Plant. 3. Old river line from 2nd Ave. N.E. to 2nd Ave. S.W. 4. Overflow line at 2nd Ave. S.W. and Dale Street had full flow. S. Line on McLeod Ave. was surcharged. The following changes or additions should be completed in the near future to minimize or eliminate the problem. 1. Install an early warning system on wet well at treatment plant to allow us to begin pumping sooner and reduce the surcharge on the North trunk line. 2. Complete nes line from 1st Ave. S.E. to Washington Ave. and remove old river line from system as it has a large infiltration flow. 3. Complete new line on 4th Ave. South from Treatment Plant to West of Lynn Road and install lift station to remove about a 20 block area from old River line at 2nd Ave. S.W. 4. Complete new line from Bluff Street to Clark Street with drops in manholes to allow for better free flow. This will help flow on McLeod Ave. Marlow V. Priebe Director of Engineering M`.T /pv cc: Ralph Neumann Finley Mix (612) 587 -5151 CITY OF HUTCf;/IVSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 April 21, 1983 Patrick smith FOR YOUR INFORMATION Cameo Cleaners 34 -2nd Ave. S.E. Hutchinson, MN 55350 Dear Mr. Smith: The Fire Marshal and myself inspected the building housing the Cameo Cleaners. The following items of concern were found. The roof leaks in numerous places and gets into the light fixtures and shorts them out. There is a cracked window on the North side. There are electrical cover plates on the machines of the lessee that are not on. This is the responsibility of the lessee and the "cover plates shall be put on and the drop cords that are used shall be taken out. There is steam being vented into the basement. This is also, the responsibility of the lessee and shall be vented to the outside. The March 8th Council Meeting agenda item, referenced to as The Old Plowman Building, was for building separation only, for property lines, real or assumed, and for the fire rating of the walls. The walls for this occupancy meet Building Code. Respectfully, CITY OF HUTCHINSON Homer Pittman Building Official HP /pv cc: City Council