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cp12-28-1982 cHUTCHINSON CITY t:. CALENDAR WEEK OF TO -9 WEDNESDAY -29- (..� \t 1 h SUNDAY -26- >`t a THURSDAY -30- 0 'May peace and pros -'- perity, health and happiness be yours in this New Year!, A. MONDAY -27- goon - Hutchinson Safety Council Meeting 1:00 P.M. - Utilities Commission Meeting at Utilities FRIDAY -31- CITY OFFICES CLOSED VACATION: GARY PLOTZ - Dec. 23 - Jan. 2 MARLOW PRIEBE - Dec. 22 - Feb. 8 GEORGE FIELD - Dec. 27 - 31 6JAr -28- 4:00 P.M. - City Council Meets with Liquor Store Employees at City Hall 7:30 P.M. - City Council Meet - ing at City Hall SATURDAY -1- NEW YEAR'S DAY k • AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 28, 1982 ✓1. Call Meeting to Order - 7:30 P.M. ✓2. Invocation !3. Consideration of Minutes - Bid Opening of December 13, 1982 and Regular Meet- ing of December 14, 1982 Action - Motion to approve - Motion to approve as amended J4. Public Hearing None )5. Communications, Requests and Petitions ✓(a) Discussion by RCM of Hutchinson Sewer System Evaluation Survey Report and Update of Step I Study of Wastewater Treatment Plant Action - J(b) Consideration of Request for Parking Sign(s) In Front of Meat 'n Cheese Shoppe Action - J(c) Consideration of Request for Additional Parking by Use of Courtesy Parking Ticket Action - ,/(d) Consideration of Request for City Attorney to Attend "Update for City Attorneys" Seminar January 21 -22, 1983 Action - Motion to approve - Motion to reject 6. Resolutions and Ordinances J(a) Ordinance No. 16/82 - Ordinance Amending Section 715:20 of the 1974 Ordinance Code of the City of Hutchinson, Entitled "No Parking Areas" By Adding Subdivision No. 12 Thereto, Relative to "Parking, Local Regulations" Action - Motion to reject - Motion to waive second reading and adopt COUNCIL AGENDA DECEMBER 28, 1982 J(b) Resolution No. 7310 - Transferring Interest Earned from Water /Sewer Fund to General Fund Action - Motion to reject - Motion to waive reading and adopt ,(c) Ordinance No. 17/82 - (Bingo Permit) Action - Motion to reject - Motion to waive first reading and set second reading for January 11, 1983 ✓(d) Ordinance No. 18/82 - (Parking Lot Time Limit) Action - Motion to reject - Motion to waive first reading and _set second reading for January 11, 1983 7. Reports of Officers Boards and Commissions (a) Monthly Financial Statement - November 1982 ✓ Action - Order by Mayor received for filing Jb) Minutes of Airport Commission dated September 13, 1982 and November 8, 1982 Action - Order by Mayor received for filing J(c) Minutes of Planning Commission dated November 16, 1982 Action - Order by Mayor received for filing 8. Unfinished Business f(a) Discussion of Alderman Mlinar's Request of What Can Be Done Concerning Questions Regarding the City (Requested by Mayor DeMeyer) Action - J(b) Consideration of Option Contracts: 1. Plowman's Building $175,000 2. Bretzke Property 103,800 3. Masonic Temple 163,000 Action - Motion to reject - Motion to direct Mayor and City Administrator to execute options -2- COUNCIL AGENDA DECEMBER 28, 1982 4(c) Discussion of Handicapped Codes As It Relates to State of Minnesota, As It Pertains to Use of Public Buildings and As It Relates to Government Funding Programs (Requested by Mayor DeMeyer) (DEFERRED NOVEMBER 9, 1982) Action - 4(d) Review of Building Official's Letter Regarding Handicapped Code Updates, Including Discussion of First and Second Floor of City Hall and Library (Requested by Mayor DeMeyer) (DEFERRED NOVEMBER 9, 1982) Action - J(e) Consideration of Establishing Public Hearing Date to Correct Error On Parking Assessment: 1. Home Bakery (Alice Lovald) 2. J 6 J Findings (Joan Rustom) Action - Motion to reject - Motion to set public hearing date J(f) Consideration of Establishing Public Hearing On January 71, 1983 for Industrial Revenue Note Requested by Hutch Computer Industries Action - Motion to reject - Motion to set hearing date J(g) Consideration of 1983 Improvement Projects (Project 83 -01) (DEFERRED DECEMBER 14, 1982) Action - Motion to reject - Motion to approve projects - Motion to waive reading and adopt Resolution J(h) Consideration of Guidelines for City Council Proceedings (DEFERRED DECEMBER 14, 1982) Action - 9. New Business J(a) Consideration of Agreement Between City of Hutchinson and 6E Community Action Agency for Rental of Nutrition Site at Senior Center Action - Motion to reject - Motion to approve and enter into contract -3- COUNCIL AGENDA DECEMBER 28, 1982 J(b) Consideration of Recycling Requests: 1. West Central Industries, Inc. of Willmar 2. Ronald Thompson of Hutchinson Action - ,( c) Consideration of Delinquent Water and Sewer Accounts Action - Motion to authorize extension of payment period - Motion to authorize discontinuation of service f(d) Consideration of Statements for Various Legal Services from Dorsey & Whitney Law Firm Action - Motion to reject - Motion to approve payment ,(e) Consideration of Applications for Cigarette Licenses for 1983 Action - Motion to reject - Motion to approve and issue licenses �/(f) Consideration of Request for HUD Grant for Hutch Hotel by Frank Fay Action - Motion to reject - Motion to approve - Motion to set public hearing for January 11, 1983 at 8:00 P.M. J(g) Consideration of Fund Reimbursement Action - Motion to approve - Motion to reject �h) Consideration of Review of Final Plat for Prieve Estates with favorable recommendation of Planning Commission Action - Motion to approve - Motion to reject /(i) Consideration of Review of Final Plat for Peterson Estates with favorable recommendation of Planning Commission Action - Motion to approve - Motion to reject ✓(j) Consideration of Review of Final Plat of Phase I and Covenants for Larry Bethke's Rolling Greens, Contingent Upon Review of Covenants by City At- torney and favorable recommendation of Planning Commission Action - Motion to approve - Motion to reject - Motion to waive reading and adopt Resolution -4- i ! COUNCIL AGENDA DECEMBER 28, 1982 , /(k) Consideration of Request for Extension of Conditional Use Permit submitted by Hutch Computer Industries with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve 6 -Month Extension 10. Miscellaneous J(a) Communications 11. Claims, Appropriations and Contract Payments j(a) Verified Claims Action - Motion to reject - Motion to approve and authorize payment 12. Adjournment -5- MINUTES BID OPENING MONDAY, DECEMBER 13, 1982 The bid opening was called to order by Alderman Beatty at 2:00 P.M. Present were: Alderman Ted Beatty, City Administrator Gary D. Plotz, and Maintenance Operations Director Ralph Neumann. Publication No. 3000, Invitation for Bids for Purchase of Two Police Patrol Cars, was read by Alderman Beatty. The two bids received were then opened and read. Wigen Chevrolet a) $20,752.62 Delivery Date: Hutchinson, MN b) 2,400.00 Approx. 4 Months c) 18,352.62 (Trade -In: 1983 Chevrolet $2,400.00) Plowman's, Inc. a) $20,218.00 Delivery Date: Hutchinson, MN b) None Approx. March 1983 c) 17,018.00 (Trade -In: 1983 Dodge-Diplomat $3,200.00) a) $21,034.00 Delivery Date: b) None Approx. March 1983 c) 17,834.00 (Trade -In: 1983 Ford Crown Victoria $3,200.00) LTD's The bids were referred to City staff for review and recommendation to the City Council at their next meeting. The meeting adjourned at 2:05 P.M. NO MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 14, 1982 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 Attor- ney James Schaefer. 2. INVOCATION In the absence of a pastor, there was a moment of silent prayer. 3. MINUTES The minutes of the Regular Meeting of November 23, 1982 and Special Meeting of November 30, 1982 were approved as presented upon motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. 4. PUBLIC HEARING (a) ASSESSMENT FOR PROJECT 82 -49, ASSESSMENT ROLL NO. 155 The public hearing was called to order at 8:10 P.M. Mayor DeMeyer read Publication No. 2999, Notice of Hearing on Proposed Assessment, Project 82 -49, Assessment Roll No. 155. Mr. Richard Schmidtbauer inquired why he had not received a letter indi- cating who was involved in the project and the amount of the assessment. The City Engineer informed him that Mr. Schmidtbauer was not involved, and the project did not include his lots. Following discussion, Alderman Beatty moved to close the hearing. Motion seconded by Alderman Mlinar and carried unanimously. Alderman Carls moved to adopt Assessment Roll No. 155 and to waive reading and adopt Resolution No. 7309 entitled Resolution Adopting Assessment, Assessment Roll No. 155, Project 82 -49. The motion was seconded by Alder- man Beatty and carried, with Alderman Gruenhagen abstaining from voting. (b) INDUSTRIAL REVENUE NOTE REQUESTED BY HUTCH COMPUTER INDUSTRIES Publication No. 3001, Notice of Public Hearing, was read by Mayor DeMeyer. After discussion, it was moved by Alderman Mlinar to close the hearing. Motion seconded by Alderman Gruenhagen and unanimously approved. The motion was made by Alderman Beatty to grant preliminary approval to c3f COUNCIL MINUTES DECEMBER 14, 1982 an industrial revenue note and to waive reading and adopt Resolution No. 7307 entitled Resolution Reciting A Proposal for A Commercial Facilities Development Project Giving Preliminary Approval to the Project Pursuant to the Minnesota Municipal Industrial Development Act Authorizing the Sub- mission of An Application for Approval of Said Project to the Commissioner of Energy, Planning and Development of the State of Minnesota and Author- izing the Preparation of Necessary Documents and Materials In Connection with Said Project. Motion seconded by Alderman Gruenhagen and unanimously approved. Alderman Beatty moved to approve the application to the Commissioner of the State of Minnesota. Alderman Gruenhagen seconded the motion, and it unanimously carried. RECESS: Alderman Carls moved to recess for 10 minutes at 9:55 P.M. Motion seconded by Alderman Gruenhagen and unanimously approved. The meeting reconvened at 10:05 P.M. (c) 1983 IMPROVEMENT PROJECTS (PROJECT 83 -01) Mayor DeMeyer read Publication No. 3002, Notice of Hearing on Improvement, Project No. 83 -01. The Mayor then explained the property owners' rights and the procedure to appeal an assessment. He further commented that sev- eral letters of objection to the project had been received. A letter was presented at the hearing from Arthur J. Benjamin and read aloud. He expressed his opposition to curb, gutter and sidewalk along First Avenue Southwest at this time. Mention was made that a letter had been received from the property owners for Section 3. It was the City Engineer's recommendation to defer the project. Concerning Section 8, Richard Schmidtbauer asked about the need for addi- tional gravel. LeRoy Fischer, Trustee Inquired about status of project on Grove Grace Lutheran Church Street and asked about digging that was done. Commented that blacktop surfacing had been completed. City Engineer Priebe Commented that only grading was done to blend in with the curb. He thought the south block was done prior to 1967. Albin Plath Stated he lived on the corner of Milwaukee 605 Grove S. and Grove. Asked about the policy on a cor- ner lot. -2- 0 0 0 COUNCIL MINUTES DECEMBER 14, 1982 Al Cheney Pointed out that Franklin Street, between 236 Franklin S. Second and Third Avenue Southwest, was re- cently done on the east side for diagonal parking. Wondered who was going to pay for it. Asked who determined where the curb and gut- ter went. Stated it did not line up. Won- dered why the curb had to be lowered. There had never been a curb on the east side before. Now it has to be redone to lower the curb. Opposed to paying for something somone else started. Asked if the street would have to be redone. Stated that in front of his house there are some stakes. Asked what they were for. Asked if the curb would be removed between Second and Third on Franklin. City Engineer Priebe Responded that the project has been started at the petitioned request of the property owner, who will pay for the project. The project has not been completed. The street has to be redone sometime. George Skorpik 746 Franklin SW Saw no need for the project. Ouestioned why they should spend the money for the project. Rose Meyer Stated this was the third year Linden Avenue 746 Glen SW was proposed to be surfaced. She had been op- posed the other years and still was opposed. There are few houses in the area and many older residents. This is a state aid street so questioned why more state aid couldn't be obtained. Asked why there had not been more fixing of the street over the previous years. City Engineer Priebe Reported the City had state aid funds avail- able, and they would be lost if not used. The City must have a project for state aid funds. Patching does not count as a project. The Council can either approve a state aid project or let the funds go. Bob Fratzke, Trustee Inquired about the cost for the one block in- Bethany Baptist Church volving the church. Stated the church was op- posed to the project. -5- COUNCIL MINUTES DECEMBER 14, 1982 Chuck Gersdorf Asked about sidewalk replacement project. Church of Jesus Christ Asked if a decision had been made as to what of Latter Day Saints sections would be replaced. Also asked if 146 Adams S. this included the outwalk that runs to the curbside. Ron Horswell, Rep. Stated the church has had three assessments St. John's Episcopal Church in recent years. Commented on the piecemeal Second Ave. SE & Hassan repair of the sidewalk. The church was against replacement of sidewalk on Second Avenue SE. City Engineer Priebe Remarked that usage had no bearing on the assessment. It was: ;based on zoning. Alice Lovald Asked what percent of state aid funds were Home Bakery used compared to what the homeowners paid. Doris Horswell Thought it was not a bad idea to go slow on Rt. 3 the projects at a time when the nation is headed toward a deplorable situation. It is easy to spend other people's money. It was moved by Alderman Beatty to close the public hearing at 9:40 P.M. Motion seconded by Alderman Gruenhagen and unanimously approved. The motion was made by Alderman Gruenhagen to defer action on all the im- provement projects for 1983 until the next regular City Council meeting. Motion seconded by Alderman Mlinar and carried, with Aldermen Gruenhagen, Beatty, Mlinar and Mayor DeMeyer voting aye and Alderman Carls voting nay. (d) PROPOSED USE OF FUNDS FROM FEDERAL REVENUE SHARING 1. CONSIDERATION OF CONTRACT WITH HEALTH PLANNING AND MANAGEMENT RESOURCES, INC. TO DEVELOP A FIVE -YEAR PLAN FOR SERVICES FOR THE ELDERLY - $13,000 2. CONSIDERATION OF EXPENDITURE FOR MOTOR POOL EQUIPMENT - $45,000 City Administrator Plotz reported there were three items to be considered for federal revenue sharing funds. However, due to uncertainty regarding the street lights in the downtown area, this item was omitted from the list for consideration tonight. A public hearing on the latter could be held at a later date, with an approximate cost of $18,000. Alderman Mlinar moved to close the hearing. Motion seconded by Alderman Gruenhagen and unanimously carried. Alderman Carls moved to approve the proposed budget. Motion seconded by Alderman Beatty and unanimously approved. -6- COUNCIL MINUTES DECEMBER 14, 1982 After discussion, Alderman Beatty moved to waive reading and adopt Reso- lution No. 7304 entitled Transferring $20,000 from Liquor Store to General Fund. Motion seconded by Alderman Mlinar and unanimously approved. (d) RESOLUTION NO. 7306 - MEMORIAL TREE RESOLUTION Following discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Beatty, to waive reading and adopt Resolution No. 7306 entitled Memorial Tree Resolution. Motion carried unanimously. (e) RESOLUTION NO. 7305 - RESOLUTION OF APPRECIATION FOR FIRE CHIEF LLOYD SCHLUETER Mayor DeMeyer read the Resolution expressing appreciation for the 20 years of service Lloyd Schlueter has rendered to the Fire Department. It was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to adopt Resolution No. 7305 entitled Resolution of Appreciation for Fire Chief Lloyd Schlueter. Motion unanimously carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - NOVEMBER 1982 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF NURSING HOME BOARD DATED OCTOBER 21, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF PARKS AND RECREATION BOARD DATED NOVEMBER 3, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AWARDING BID FOR TWO POLICE PATROL CARS (DEFERRED DECEMBER 13, 1982) It was the recommendation of Police Chief O'Borsky to award the bids for two 1983 Ford LTD's to Plowman's, Inc. in the amount of $17,834.00, with the trade -in of two 1981 Malibus. Following discussion, the motion was made by Alderman Carls to approve and award the bid for two 1983 LTD's to Plowman's. Motion seconded by Alderman COUNCIL MINUTES DECEMBER 14, 1982 Beatty and carried, unanimously. (b) CONSIDERATION OF GUIDELINES FOR CITY COUNCIL PROCEEDINGS (DEFERRED NOVEMBER 23, 1982) Alderman Beatty moved to defer action to the next City Council meeting. The motion was seconded by Alderman Mlinar and unanimously approved. (c) CONSIDERATION OF FRANCHISE AGREEMENT BETWEEN CITY OF HUTCHINSON AND ARTHUR BENJAMIN SR. (DEFERRED SEPTEMBER 14, 1982) Mr. Arthur Benjamin Jr. appeared before the Council and requested more time to review the proposed franchise agreement. It was moved by Alderman Beatty to defer action to the second meeting in January, 1983. The motion was seconded by Alderman Mlinar and carried unanimously. (d) DISCUSSION BY POLICE CHIEF REGARDING PARKING LOT TIME LIMITS Police Chief O'Borsky stated that several months ago discussion was given to parking limits. It was his recommendation that a three hour parking lot time limit be established on a six -month trial basis. After considerable discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar, to direct the City Attorney and Police Chief to draft a preliminary ordinance with a three hour time limit on the park- ing lots between Hassan and Franklin Streets. Motion carried, with Alder- men Beatty, Carls and Mlinar and Mayor DeMeyer voting aye and Alderman Gruenhagen voting nay. RECESS: The motion was made by Alderman Carls to recess to and reconvene upstairs in the auditorium for the public hearings.at 8:05 P.M. Motion seconded by Alderman Gruenhagen and unanimously approved. (e) CONSIDERATION OF AUDIT FEE ADJUSTMENT BY AUDITING FIRM (DEFERRED SEPTEMBER 28, 1982) Following discussion, Alderman Gruenhagen moved to approve the audit fee adjustment in the amount of $1,900. Motion seconded by Alderman Beatty and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF REQUEST FOR ELECTRIC AND GAS UTILITY RATE CHANGE -10- COUNCIL MINUTES DECEMBER 14, 1982 Bernard Stolpman Presented a petition of 35 signatures from 320 Dale land owners and tenants on Grove Street who were opposed to the project. They did not feel the proposed improvement was needed at this time. (Six additional signatures to the petition were obtained at the hearing.). Harvey Popp Stated the City needed a new driver on the 875 Grove S. snow plow. He had picked up five garbage cans full of tar after plowing. Noreen Peterson Stated she would like to sign the petition 406 Grove S. presented this evening. Commented she was opposed to the project since she felt the street was in good condition. The section between Miller and Milwaukee needs some work done on it. City Engineer Priebe Commented that the sanitary sewer was put in, and the street was left until the status of the project was determined. If the project was determined not feasible, the street would be finished off according to present policy. Duane Hagen Reported 26 residents on Brown are in opposi- 635 Brown tion to the project. Only two people were in favor of improving the street at this time. Some felt there was a need for patching. He stated he had also raked tar off his lawn from the snow plow. Unidentified Man Asked if people request to have the work done or if it is just time for the work to be done. City Engineer Priebe Remarked this was an on -going program. Each year a review was done of the streets and the Council decided which ones needed work done on them. Arthur Krueger Asked what type of street would be put in. 825 Brown Lloyd Schlueter Stated he was opposed to the project. 108 Oakland Ave. Hector Dalton Stated 26 home owners were opposed to the Brown 834 Brown Street project. It was his personal opinion that due to the economic situation, a better time would be when the residents on Brown feel the work needs to be done. -3- COUNCIL MINUTES DECEMBER 14, 1982 Mike Schiller Stated the street was not very heavily used 625 Glen SW and didn't feel there was any reason for re- surfacing. He also inquired which streets are the state aid streets. Robert Rozmarynowski 446 Glen SW Mabel Boelter 18 Jefferson SE Rose Meyer (Mrs. Jerome) 746 Glen SW Louise Lambke 430 Glen SW Felt there was nothing wrong with the street so that it needed regrading. Inquired about sidewalk improvement and stated he objected. Expressed objection to the project. Agreed with others that nothing needed to be done. Commented that cars drive fast in that area. Stated she concurred and felt the same way. Quentin Larson Stated he had taken a poll of the neighbors. 570 Glen SW He didn't feel a seal coat was the way to go on the street. He wanted something that would last for a number of years. In 1973 when the curb and gutter was put in, it was forecasted the permanent street would be put in. Would like to see a permanent street, and the costs are going up. Wally Pikal Asked who would do the work on the project. 835 Brown Rep. for Mrs. Fred Hagen Stated his grandmother was opposed to the 550 Glen proposed project. Ron Horswell Stated he owned property on Franklin Street Rt. 3 as a non- homestead owner (between Third Avenue and Fourth Avenue Southwest). Felt street was built up before other streets. Becoming a block of parking spaces for people downtown. The project would add nothing to the value of the property. Wondered why Third to Fourth Avenue was included in the project. George Schulte Commented that people in the area couldn't 246 Franklin S. understand why the project was being done. There was one pothole between Third and Fourth. Asked how the costs were assessed in the block where there were both commercial and residen- tial properties. 0 -4 10 r i COUNCIL MINUTES DECEMBER 14, 1982 Alderman Beatty made the motion to hold two public hearings for the use of funds for street lights. Motion seconded by Alderman Mlinar and car- ried unanimously. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION OF DEVELOPMENT PROPOSAL BY RICHARD SMITH WITH REQUEST TO APPLY FOR HUD COMMUNITY DEVELOPMENT GRANT (DEFERRED NOVEMBER 3, 1982) Mr. Richard Smith made a presentation on his proposed project on Main Street. He stated he had decided to request tax increment financing instead of a HUD Community Development Grant. Mr. Smith then directed the Council to approve the concept of his project. He would work with the City staff to improve the plan. Following lengthy discussion, Alderman Beatty moved to approve the con- cept of the proposed project and to authorize the City Administrator and City Attorney to enter into discussion with Mr. Smith concerning the proj- ect. Motion seconded by Alderman Gruenhagen and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. (b) CONSIDERATION OF REQUEST BY IRMA MEECE FOR REDUCED TRASH AND REFUSE RATES After discussion, it was moved by Alderman Carls, seconded by Alderman Beatty, to approve the reduced trash and refuse rate. Motion unanimously approved. (c) CONSIDERATION OF APPOINTMENTS: 1. PARKS & RECREATION BOARD: ROY M. JOHNSEN WARD HAUGEN 2. AIRPORT COMMISSION: ED CONNELLY 3. TRANSPORTATION BOARD: RUSSELL MEADE EMMA LAKE Mayor DeMeyer made the above appointments and asked for Council ratifi- cation. The motion was made by Alderman Beatty, seconded by Alderman Gruenhagen, to ratify the appointments. Motion carried unanimously. (d) DISCUSSION BY GEORGE QUAST AND ALICE LOVALD (HOME BAKERY) REGARDING PARKING CREDITS -7- COUNCIL MINUTES DECEMBER 14, 1982 Mr. George Quast stated he had written a letter to each of the Council members regarding his parking assessment upon the recommendation of the City Administrator. He commented that the final assessment costs were needed before he could make a final decision on how it would affect his property, ie an office building and the Sears building. Alice Lovald, Home Bakery, reported she had not been properly credited for two parking spaces in her assessment. She had notified the City of the error after the first notice was received, but she never heard anything further. City Engineer Priebe stated he had talked to Ms. Lovald regarding her parking credits, and apparently the proper credit had not been issued. City Attorney Schaefer made reference to M.S. 429.071 and stated an error in an adopted assessment roll can be corrected by holding a re- hearing on the affected property or parcel. Attorney Roger Gilmer commented that there was the potential of one to three additional parking spaces behind his office building. He requested the Council to give it consideration. Alderman Beatty moved that City staff be directed to work with the above - named individuals and determine if their requests are valid and a new hear- ing required. Motion seconded by Alderman Gruenhagen and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 13/82 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP Following discussion, it was moved by Alderman Beatty, seconded by Alder- man Carls, to waive the second reading and adopt Ordinance No. 653 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations In the City of Hutchinson and the Official Zoning Map. Motion unanimously approved. . (b) RESOLUTION NO. 7302 - RESOLUTION OF APPRECIATION FOR LILLIAN C. MICHAELS Mayor DeMeyer read Resolution No. 7302. The motion was then made by Alder- man Beatty to adopt Resolution No. 7302 entitled Resolution of Appreciation for Lillian C. Michaels. Seconded by Alderman Mlinar and carried unani- mously. (c) RESOLUTION NO. 7304 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND - 8- COUNCIL MINUTES DECEMBER 14, 1982 Messrs. Rufus Alexander and Ivan Larson from the Hutchinson Utilities Commission presented to the Council a rate adjustment proposal. It was pointed out the new change would reflect a small percent of decrease in small general service and farm rates and a small percent of increase in large general service, large industrial, street lights and security lights. There would be no increase in residential or all- electric rates. The pur- pose of the rate change was to bring the power cost adjustment to near zero. The Utilities Commission was not requesting an increase in the natural gas rate, but only to bring the fuel adjustment to near zero. The rate changes would be effective with the January energy usage. After discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Mlinar, to accept the proposed electric and gas utility rate change and to waive reading and adopt Resolution No. 7308 entitled Reso- lution Authorizing Hutchinson Utilities Commission to Make Rate Change Ad- justment. Motion unanimously carried. (b) CONSIDERATION OF MUNICIPAL STATE AID, FIVE -YEAR CONSTRUCTION PROGRAM City Engineer Priebe reported on the municipal state aid program. After discussion, Alderman Beatty moved to approve the state aid program and to waive reading and adopt Resolution No. 7303 entitled Approving Five Year State Aid Program. The motion was seconded by Alderman Mlinar and car- ried unanimously. (c) CONSIDERATION OF PROPOSED NO PARKING AREA It was the recommendation of the Police Chief that there be no parking on the north side of both Lincoln Avenue and Harmony Lane between Lynn Road and Second Avenue Southwest. Following discussion, it was moved by Alderman Mlinar, seconded by Alder- man Beatty, to waive the first reading of Ordinance No. 16/82 entitled Ordinance Amending Section 715:20 of the 1974 Ordinance Code of the City of Hutchinson, Entitled "No Parking Areas" By Adding Subdivision No. 12 Thereto, Relative to "Parking, Local Regulations," and set the second read- ing for December 28, 1982. Motion unanimously approved. (d) CONSIDERATION OF REQUEST FOR A BINGO PERMIT BY AMERICAN LEGION AUXILIARY DRILL TEAM FROM POST NO. 96 Police Chief O'Borsky reported that the State Legislature recently passed a new law regarding bingo. A sample ordinance could be drafted for the Council's review. After discussion, Alderman Gruenhagen moved to defer this matter to the next Council meeting. Motion seconded by Alderman Beatty and unanimously carried. 59-C COUNCIL MINUTES DECEMBER 14, 1982 6 (e) CONSIDERATION OF REQUEST TO SELL WINE ON SUNDAY AT GOLD COIN CHINESE RESTAURANT It was pointed out that the original wine license was to sell wine on Monday through Saturday. The restaurant would like to also sell wine on Sunday. Following discussion, the motion was made by Alderman Beatty to ap- prove the sale of wine on Sunday. The Chair seconded the motion._ The motion was defeated, with Alderman Beatty and Mayor DeMeyer vot- ing aye and Aldermen Gruenhagen Carls and Mlinar voting nay. (f) CONSIDERATION OF APPLICATION FOR PERMITS: 1. CHRISTMAS TREE SALES: a) CAROL D. BROWN 2. SNOW REMOVAL: a) MILT HANSON b) RICHARD EWERT, JR. c) HAROLD JUUL d) JIM HAASL e) FRED ROBERTS f) ALBERT YOST g) DICK SMYKALSKI h) CARL CHRISTENSEN i) OTTO TEMPLIN After discussion, it was moved by Alderman Carls, seconded by Alder- man Beatty, to approve the above applications and issue permits. Motion unanimously approved. (g) CONSIDERATION OF MUNICIPAL STATE AID SYSTEM City Engineer Priebe recommended the following streets be considered for Municipal State Aid System status: Fifth Avenue Northeast from T.H. 15 (Main Street) to T.H. 7 East, School Road from T.H. 7 to C.S.A.H. No. 12, and California Street from T.H. 7 to School Road. Following discussion, Alderman Beatty moved to approve and authorize the City Engineer to prepare the necessary Resolution for state aid st.re.ets._.Al.derman. G:ruenhaggn, seconded the motion, and it carried unanimously. (h) CONSIDERATION OF RECOMMENDATION OF CITY ADMINISTRATOR AND PERSONNEL COORDINATOR REGARDING CITY PAY PLAN -12- COUNCIL MINUTES DECEMBER 14, 1982 It was the recommendation of the City Administrator and Personnel Co- ordinator to wait until the first Council meeting in January to deter- mine the 1983 salary rate adjustment. Alderman Gruenhagen moved to approve consideration of the City Pay Plan in January 1983. Motion seconded by Alderman Beatty and unani- mously approved. (i) CONSIDERATION OF RATE INCREASE FOR INTERMEDIATE CARE AND SKILLED CARE AT BURNS MANOR NURSING NOME After discussion, the motion was made by Alderman Beatty to approve the intermediate care and skilled care rate increase at Burns Manor Nursing Home. The motion was seconded by Alderman Gruenhagen and carried, with Mayor DeMeyer abstaining from voting. (j) DISCUSSION OF LIQUOR STORE EXPANSION AND LAND ACQUISITION (REQUESTED BY ALDERMAN TED BEATTY) It was reported that Lloyd Allen, the new owner of the cold storage building, had offered to sell to the liquor store an area 12 -15' wide by depth of the block. The additional area could provide a 50% in- crease in floor space plus additional parking space. Following discussion, the motion was made by Alderman Beatty to auth- orize the City Administrator and Liquor Store Manager to proceed with an investigation of expanding the liquor store at its present site. The motion was seconded by Alderman Mlinar and unanimously approved. (k) CONSIDERATION OF RECOMMENDATION OF PARKS AND RECREATION DIRECTOR AND PERSONNEL COORDINATOR CONCERNING EMPLOYMENT STATUS OF BARB HAUGEN The recommendation was made to place Barb Haugen on full -time status for 1983, with half -time employment at the Senior Center and half -time through the Recreation Department. After discussion, Alderman Mlinar made the motion to approve full -time status for Barb Haugen. Motion seconded by Alderman Beatty and carried unanimously. (1) CONSIDERATION OF RE -DOING CONCRETE SEAL ON APPARATUS FLOOR OF FIRE STATION „ Fire Chief Schlueter reported the wrong sealer had been applied to the apparatus floor, and it was necessary to re- do'the conciete f1ooY. The firemen will donate their time to do the work.required. Alderman Gruenhagen moved to approve the firemen to do the work. The motion was seconded by Alderman Beatty and approved unanimously. ' . -13- , COUNCIL MINUTES DECEMBER 14, 1982 (m) CONSIDERATION OF PURCHASE OF FIRE HOSE Recreation Director Ericson requested permission to purchase 500 feet of fire hose for use by the Parks and Recreation Department. The hose could be purchased for $1.35 per foot at bid price through the Fire Department. Following discussion, the motion was made by Alderman Beatty, seconded by Alderman Carls, -to approve the purchase. Motion unanimously carried. (n) CONSIDERATION OF 1983 OFFICERS FOR HUTCHINSON FIRE DEPARTMENT The list of 1983 officers for the Hutchinson Fire Department was pre- sented to the Council for approval. It was moved by Alderman Carls, seconded by Alderman Mlinar, to approve the 1983 officers. Motion approved unanimously. (o) DISCUSSION OF SURFACING PARKING LOTS AS RELATED TO ZONING ORDINANCE, SECTION 10.01 -I, PAGE 84 (REQUESTED BY MAYOR DEMEYER) It was reported that the City Accountant had already discussed sur- facing and oiling the City parking lots. No action was taken. (p) DISCUSSION OF ADOPTED PARKING PROGRAMS IN VIEW OF EXCLUSION OF BASEMAN PROPERTY FROM PARKING PROGRAM (REQUESTED BY MAYOR DEMEYER) Mayor DeMeyer expressed concern that the Baseman property had been removed from the parking program. After discussion, no action was taken. (q) DISCUSSION ON FINANCING CITY'S SHARE OF PARKING PROGRAM AS ADOPTED BY COUNCILMEN IN VIEW OF ORIGINAL AMOUNT OF BOND SALE AND 50% ASSESSMENT RULE (REQUESTED BY MAYOR DEMEYER) Following discussion, no action was taken on this item. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported an advertisement for the sale of the OldArmory. buildi.pg.had been placed_in. the Minneapolis Tribune. There had been one response from the Twin City area, and a local con- tractor may take a look at the building. Also, an ad had been placed in the Hutchinson Leader and the Golden Galaxy. The question was raised by a concerned citizen regarding the legality of the City to sell the Old Armory building. The City Attorney has written a letter -14- COUNCIL MINUTES DECEMBER 14, 1982 to the Attorney General for his legal opinion on this matter. (b) COMMUNICATIONS FROM FRANK FAY The motion was made by Alderman Carls to place Frank Fay on the Agenda to be heard. Motion seconded by Alderman Mlinar and carried unanimously. Mr. Frank Fay . informed the City Council he was working with an archi- tect on plans to develop the old Hutch Hotel. He then requested the City to consider a HUD Community Development Grant for this project. A presentation would be made at a later date. (c) COMMUNICATIONS FROM ALDERMAN GRUENHAGEN Alderman Gruenhagen reported he had an anonymous buyer for the liquor store property and suggested the City Council give it consideration. 11. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The verified claims were approved for payment from the appropriate funds upon a motion by Alderman Beatty, seconded by Alderman Carls, and carried unanimously. Mayor DeMeyer stated he was not favorable toward paying a statement concerning tax increment on the S & L project. 12. ADJOURNMENT There being no further business, the meeting adjourned at 1:42 A.M. upon motion by Alderman Beatty, seconded by Alderman Carls and unanimously carried. -15- December 20, 1982 Mr. Gary Plotz City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 ��19g1 RE: HUTCHINSON SEWER SYSTEM EVALUATION SURVEY REPORT Dear Mr. Plotz: Enclosed are five (5) copies of the RCM report on the SSES (sewer system evaluation survey) work we performed. Please distribute these to the Mayor and City Council for their review. Under separate cover I have sent copies to Mr. Ralph Neuman for distribution to the Hutchinson staff and cl files. Members of the RCM staff will plan on attending the December 28, 1982 City Council meeting to present the report, answer questions, and outline earrroll further action recommended. Please confirm that we are on the agenda, as muller well as providing the time and location of the meeting. Thank you for your associates, Inc. assistance. architects ela9nerss Very truly yours landscape architects land surveyors laboratory services James M. Welday, P.E. RIEKE CARROLL MULLER ASSOCIATES, INC. JM W:mt Encl. (5 copies) 1011 first street south post office box 130 hopkins, minnesota 55343 612- 935 -6901 s•p�p ti y.. STEP I STEP II STEP III FACILITY PLAN - PLANS & SPECIFICATIONS CONSTRUCTION I/I ANALYSIS DETAILED DESIGN REPORT ADVERTISE & RECEIVE BIDS TREATMENT ALTERNATIVE EVALUATION! PLANS & SPECIFICATIONS AWARD CONTRACTS ENVIRONMENTAL ASSESSMENT COST ESTIMATES SEWER REHABILITATION PUBLIC HEARING FACILITY CONSTRUCTION PHASE I - ANALYSIS NON- EXCESSIVE I/I POSSIBLY EXCESSIVE I/I SEl•lER 'SYSTEM SURVEY (SSES) II &CW1 rieke car-roll muller associates, inc. architects engineers anPlanners dscape architects land surveyors laboratory services August 12, 1981 Mr. Marlow V. Priebe Director of Engineering, Planning and Protective Inspection City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 RE: INDUSTRIAL PRETREATMENT, USER CHARGE AND SEWER USE ORDINANCES HUTCHINSON, MINNESOTA RCM FILE NO. 791401 -131 Dear Marlow: Enclosed is a draft of the proposed Hutchinson Industrial Wastewater Pretreatment Ordinance which I have prepared for review and revision by you and the City Attorney. The City Attorney should make sure that it may be integrated into the existing City statute successfully, and that the ordinance satisfies the legal requirements of the General Pretreatment Regulations set by EPA (40 CFR 403). If he has any detailed questions on state or federal regulations, I would suggest he contact Mr. David Richfield of the Minnesota Pollution Control Agency at (612) 296 -7223. I would like to have the City's revisions of the Industrial Wastewater Pretreatment Ordinance by the end of September. As a part of the industrial pretreatment program development, I will ,be developing a suggested method to prorate the costs of the programA to the industrial users. As we discussed last week, this seems like an ideal time for the City to develop a new user charge system which will allow the City to collect revenue from each recipient of waste- water treatment services in proportion to all operation, maintenance and equipment replacement costs. RCM is available to help develop such a user charge system for the City of Hutchinson. Such a user charge system must be approved by MPCA and EPA before any Step III construction grant money may be obtained (40 CFR 935). Also, RCM would offer input on estimating total revenue requirements for the City to provide adequate wastewater collection and treatment services on a continuing basis. 1011 first street south post office box 130 hopkins, minnesota 55343 612- 935 -6901 To compliment the proposed industrial wastewater pretreatment ordinance and a new user charge system, it would be advisable to also write the related sewer use ordinance. Sewer use rules and regulations would apply to all users of the wastewater treatment system, not just industrial users. A sewer use ordinance approvable by EPA and MPCA must also be developed before all Step III construction 'grant-m0ney may be obtained. RCM could also provide the engineering services associated with the preparation of a sewer use ordinance. In fact, a combination sewer use /user charge ordinance could be developed. The engineering services required of. RCM to develop a sewer use and user charge ordinance would probably not be grant - eligible, meaning the City must fund 100 percent of the costs. It is difficult to .s = a 3 4 KC•k. Page 2 estimate the exact cost of such services because the input /requirements from the City Attorney, City Engineer, City Administrator, MPCA, EPA, etc. are unknown at this time. We envision our primary services as: ' 1. Drafting a Sewer Use -User Charge Ordinance; [' 2. Responding to City questions /requests on the ordinance and estimating financial impacts; and 3. Answering any MPCA or EPA review questions. We proposed to set up an account with the City whereby RCM will bill the City for the actual hours spent on the work, at a rate of 2.5 times salary cost, plus miscellaneous outside expenses at cost. We could put an estimated maximum dollar amount (say $5000) on this account which RCM would not exceed without written authorization from the City. Before we do any significant amount of work of this type, we would obtain the approval from a designated City official, if that is desirable to the City. We hope to hear from you soon regarding the use of RCM engineering services to develop the user charge system and sewer use ordinance, as well as any developments on the industrial pretreatment work. Very truly yours, ,<:;a;,Y,s M. lday Rieke Carroll Muller Associates, Inc. JMW /ck Enc. Meat'n Cheese Shoppe 235 First Avenue SE Hutchinson, Minnesota 55350 December 20, 1982 Mr. Gary Plotz City Administrator 37 Washington Avenue W. Hutchinson, Minnesota 55350 Dear Gary: �5 DEC 1982 RECEIVED BY Thank you for your information and assistance on the parking problem that we have at our new> business. We are very concerned because we have invested much time, work and money, and we want to continue our operation. As you suggested, I am writing this letter so that it can be included with the Council's agenda on December 28. Very often customers will comment about the poor parking, some will say they didn't stop earlier because they couldn't find parking. We wonder how much business we lose becau §e others do not make the effort to try again. The problem is with some VFW customers that park in front during ours and their peak business hours. Many times the vehicles sit for two, four or more hours. We talked to the manager at the VFW and he was cour- teous in letting us put up a sign on their door and said he would ask customers to leave us some parking. That and a sign we out in front of our building was getting excellent cooperation. However, I forgot the sign overnight and both were gone the next day. We are requesting at least one, preferably two signs to be put out in front, fifteen minute parking restrictions would be best. Police enforcement is not necessary or expected, we feel the sign will discourage violators. I spoke with Dean O'Borsky about the situation. He thought an acceptable solution might be to continue putting a sign out in front during business hours, requesting short —term parking for our customers. Yours and the Council's consideration will be appreciated. Sincerely, Roger D. Sondergaard cc: Dean O'Borsky Mike Carls y / The Hair Gallery 13 Washington Ave. Hutchinson, Minnesota 55350 December 20, 19$2 Hutchinson City Council q ,9g2 Hutchinson, Minnesota 55350 Dear Sirs: 4, 68L9� We would like to approach the subject of additional parking for our customers. There are often times in our profession that our ser- vices require longer than two hours to perform. This creates a pro - blem_for our customers as they will have received a $3.00 parking fine when they return to thier vehicle. It has been brought to our attention that cities with similar parking arrangements as ours offer a courtesy parking ticket. This ticket allows one additional hour of parking to the bearer. Ile have drawn up and attached a sample that we feel will work well. We ask that you research and implement courtesy parking tickets into the parking system. We thank you for your time and attention into this matter. Sincerely, �� l7l %YJ�LGGlG atr Schmidt,Linda Erickson Co- owners SAMPLE (a 6u Je- -s � irAe� Uehic.12 L; LeA5e Niurn .eY- -Es r, 414 Day Vo&) Do+e -R u.SI'n -_5S kl Cure �uJhOrl no IJ THIS IS ONLY A SUGGESTION ON OUR PART. C� Fx(612) 587 -5151 ����gzo %Y ®i H!liCHls ®N 11 37 WASHINGTON AVENUE WEST By�'Ep HUTCHINSON, MINN. 55350 December 22, 1982 Mr. Gary Plotz City Administrator City Hall Hutchinson, MN 55350 RE: Update for City Attorneys Dear Gary: Enclosed is a brochure describing a seminar designed to update city attorneys on recent changes and laws which would affect their offices. Could you please set this matter for consideration at a council meeting at your earliest convenience. Sincerely yours, James H. Schaefer City Attorney JHS:sr Enc. ORDINANCE NO. 16/82 ORDINANCE AMENDING SECTION 715:20 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "NO PARKING AREAS" BY ADDING SUBDIVISION NO. 12 THERETO, RELATIVE TO "PARKING, LOCAL REGULATIONS THE CITY OF HUTCHINSON DOES ORDAIN: Section 1. Section 715:20 of the 1974 Ordinance Code of the City of Hutchinson, entitled "No Parking Areas" is hereby amended by addingthereto Subdivision No. 12, which shall be as follows: Subd. 2.2. It shall be unlawful for any firm, person, or corporation to park a motor vehicle or other vehicle on the north side of both Lincoln Avenue and Harmony Lane between Lynn Road and Second Avenue Southwest. Section 2. Penalty. Any person violating the provisions of this ordinance shall be guilty of a penal offense and upon conviction shall be punished by a fine of not more than five hundred (500) dollars or by imprisonment for not to exceed ninety (90) days, or both. Section 3. Effective Date. This ordinance shall take effect upon its publication. Adopted by the City Council this 28th day of December, 1982. James G. DeMeyer Mayor ATTEST: Gary D. Plotz City Clerk � -CL. 9 0 M E M O R A N D U M DATE: December 23, 1982 -- — — — — — — — — — — — — — TO: Mayor and City Council FROM: Kenneth B. Merrill, City Accountant -------------------------------- SUBJECT: Interest Earned by Water /Sewer Fund — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Resolution No. 7310 transfers the interest earned by the fund of the water/ sewer operation to the general fund. This has been discussed during our budgeting process and has been the action taken for the past two years (1980 and 1981). In those years we have transferred $67,928.00 and $52,298.00 respectively. The actual amount of dollars transferred will not be known until December 31, 1982. It is anticipated, however, the dollar amount should be in the same general area or higher due to higher interest rates this year. /ms RESOLUTION NO. 7310 TRANSFERRING INTEREST EARNED FROM WATER /SEWER FUND TO GENERAL FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT all interest earned by the Water /Sewer cash balance is hereby trans- ferred by the Water /Sewer Fund to the General Fund for the year 1982. Adopted by the City Council this 28th day of December, 1982 ATTEST: Gary D. Plotz City Clerk James G. DeMeyer Mayor 6 ORDINANCE NO. 17/82 AN ORDINANCE LICENSING AND REGULATING THE CONDUCT OF BINGO AND RAFFLES AND THE USE OF PADDLEWHEELS, TIPBOARDS, PULL -TABS OR TICKET JARS AND PROVIDING A PENALTY FOR VIOLATION The Council of the City of Hutchinson ordains: Section 1. Provisions of state law adopted. The pro- visions of Minnesota Statutes, Sections 349.11 through 349.23 relating to the game of bingo and Section 349.26 relating to paddlewheels, tipboards, pull -tabs or ticket jars and lotteries are adopted and made a part of this ordinance as if set out in full. In addition the regulations of this ordinance shall apply to the conduct of bingo and lotteries and the use of such gambling devices within the city. Section 2. Licenses. Subdivision 1. License required. The conduct of bingo and lotteries and the use of gambling devices within the city without a license is prohibited. Any organization authorized by law to conduct bingo occasions, use gambling devices or conduct lotteries may do so only after receiving a license so authorizing from the council. Licenses are of three kinds: a license to conduct bingo occasions; a license to use gambling devices, including the conduct of lotteries; and a combination license to conduct bingo occasions and use gambling devices, includ- ing the conduct of lotteries. Subdivision 2. Application. An application for a bingo license or a combination license shall state the location, time and hours of bingo occasions for which permission is requested. An application for a license to use gambling devices and conduct raffles or a combination license shall state what gambling devices will be used and the dates and hours when they will be used or lotteries conducted. Each application shall be made to the city clerk on a form prescribed by him and shall be sufficient to show that the applicant is eligible for a license and that the operations described conform to the law and this ordinance. Each application shall be verified by a duly authorized officer of the organization seeking the license and by the designated bingo or gambling manager or both managers in the case of a combination license. No applica- tion shall be accepted unless it is accompanied by the full annual fee for the license sought. No person shall make a false statement in an application. Copies of each application shall be referred to the police chief, fire chief, and building inspector of the city for their recommendations. 6 -c. u Subdivision 3. Duration of licenses. All licenses issued under this ordinance shall be for a period of one year and shall expire on December 31 of each year. Subdivision 4. Fees. The annual license fee for a bingo license shall be $ The annual fee for a license to use gambling devices shall be $ The fee for a com- bination license shall be $ Subdivision 5. Transfer. No license issued under this ordinance shall be transferred to any other person or organiza- tion. No such license shall be transferred to any location other than that specified in the license without the prior approval of the council. Section 3. Suspension and revocation. No licensee shall have a vested right in any license issued under this ordinance. Any such license may be suspended for a period not exceeding 60 days or revoked by the council at any time for violation of any provision of this ordinance or applicable state law. The licensee shall be granted an opportunity for a hearing upon at least ten days' notice before revocation or suspension is ordered. The notice shall state the time and place of the hearing and the na- ture of the charges against the licensee. Section 4. Penalty. Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500 or im- prisonment for not to exceed 90 days or both, plus in either case the costs of prosecution. Section 5. Effective date. This ordinance takes effect upon passage and publication. Passed by the city council this day of 19 City Clerk TO FROM SUBJECT N POLICE DEPARTMENT MEMORANDUM and City Council Chief of Police Dean M. O'Borsky Gambling on Liquor Licensed Premises Ll DATE December 21, 1982 It is currently illegal in the State of Minnesota to gamble on a liquor licensed premises. Gambling can be construed as any form of wager except informal bets between friends on sporting events. Therefore, any gambling, such as card playing for money or Casino Nights, Monte Carlo events and /or major raffles on a liquor licensed premises are a violation of the law. The posture of the Attorney General's Office and the State Liquor Control Agency over a period of years has been to allow local jurisdictions to determine whether or not they wish to enforce these kinds of state laws. Obviously the intent is for the non - profit service organizations to be allowed to raise funds for a good cause and not make a profit on those kinds of events. The state has left it up to the discretion of local police chiefs to determine the degree of enforcement that they wish to utilize. In the past ten years since I have been the Police Chief I have handled individual requests by the service organizations in this community on a case by case basis and set some informal rules regarding the conduct of any fund raising activity which. might involve a gambling device, Lately it has become more apparent to me that more and more activities are being planned by the various service clubs and their ancillary groups. It has become more difficult to supervise and police these events, as well as the fact that the events are being advertised over a wide area and have become something less than private. In my opinion we could solve this problem by enacting ordinances which are allowed by State Law which would provide for the licensing of Bingo and also paddle wheels, tip boards, pull tabs, as allowed by state statute. That would then allow us to prohibit any other type of gambling on any liquor licensed premises which would simplify the enforcement process and would certainly bring us into compliance with the State law. In addition it would allow the service clubs to have a fund raising capability and should not interfere with their service to the community. ORDINANCE NO. 18/82 2 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 than 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 Saturday. Section 2. This Ordinance shall take effect upon its publication. Adopted by the City Council this day of , 1982. James G. DeMeyer Mayor ATTEST: Gary D. Plotz City Clerk G-,�(. REVENUE REPORT CITY OF HUTCHINSON FINANCIAL REPORT FOR NOVEMBER. 1982 CURRENT ADOPTED YEAR TO REMAINING MONTH BUDGET DATE AMOUNT BALANCE $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 PERCENTAGE USED 0 Description TAXES none 855,303.00 none 855,303.00 LICENSES none 11,232.00 13,699.34 (2,467.34) 122.0% PERMITS AND FEES 4,336.11 36,000.00 35,009.92 990.08 97.2% •FINANCING FEES none 2,000.00 1,000.00 1,000.00 50.0% INTER - GOVERNMENT REVENUE 133,800.50 828,673.00 712,812.76 115,860.24 86.0% CEMETERY PERPETUAL CARE FUND 200.00 000 none 2,200.00 CHARGES FOR SERVICES 77,220.24 29S,OS9.00 246,592.23 48,466.77 83.6% FINES AND FORFEITS 1,612.25 26,000.00 20,783.23 5,216.77 79.9% SALE OF EQUIPMENT CERTIFICATES none 60,000.00 none 60,000.00 MISCELLANEOUS REVENUE 18,804.42 164,640.00 156,271.71 8,368.29 94.9% CONTRIBUTIONS FROM OTHER FUNDS 20,000.00 372,500.00 309,339.47 63,160.53 83.0% *REVENUE FOR OTHER AGENCIES 410.74 300.00 942.47 642.47 314.2% $ 256,384.26 $ 2,651,707,00 $1,498,651.13 $1,153,055 . 56.5% WATER 8 SEWER FUND WATER $ SEWER UTILITIES $ 100,065.03 $ 917,300.00 $ 969,424.47 $ (52,124.47 ) 105.7% 1 LA L J EXPENSE REPORT DECRIPTION GENERAL FUND MAYOR 4 COUNCIL CITY ADM. /CITY CLERK ELECTIONS FINANCE MOTOR VEHICLE ASSESSING LEGAL PLANNING CITY HALL OLD ARMORY POLICE DEPARTMENT FIRE DEPARTMENT COMMUNITY SERVICE OFFICER PROTECTIVE INSPECTIONS CIVIL DEFENSE SAFETY COUNCIL FIRE MARSHALL ENGINEERING CITY OF HUTCHINSON FINANCIAL REPORT FOR November, 1982 CURRENT ADOPTED YEAR TO MONTH BUDGET DATE AMOUNT 0,000,000.00 0,000,000.00 0,000.000.00 REMAINGING PERCENTAGE BALANCE USED 0,000,000700 % 1,994.22 32,157.00 28,843.05 3,313.95 89.7% 7,547.74 98,350.00 95,254.01 3,095.99 96.9% 413.14 8,678.00 7,016.89 1,661.11 80.9% 12,507.75 140,545.00 143,671.43 (3,126.43) 102.2% 4,042.07 50,737.00 50,363.73 373.27 99.3% 8,436.55 16,874.00 16,873.15 .85 100.0% 1,782.77 24,233.00 28,788.26 (4,555.26) 118.8% 150.00 1,425.00 1,225.54, 199.46 86.0% 3,122.29 38,383.00 41,163.09 ( 2,780.09) 107.2% 4,317.62 20,913.00 21,801.59 ( 888.59) 104.2% 62,982.72 524,784.00 537,472.26 (12,688.26) 102.4% 5,205.59 129,255.00 114,244.53 15,010.47 88.4% 3,027.44 27,469.00 26,761.90 707.10 97.4% 3,450.34 40,074.00 37,272.20 2,801.80 93.0% 659.49 450_00 1,007.45 ( 557.45 ) 223.9 none 150.00 none 150.00 2,771.41 33,112.00 30,387.41 2,724.59 91.8 % 11,571.94 137,815.00 126,923.77 10,891.23 92.1% E U EXPENSE REPORT CONTINUED STREETS 4 ALLEYS STREET MAINTENANCE ACCOUNT CONSERVATION OF HEALTH LIBRARY SENIOR CITIZEN CENTER PARK /RECREATION ADMINISTRATION RECREATION CIVIC ARENA PARK DEPARTMENT CEMETERY DOWNTOWN DEVELOPMENT LAWCON DEBT SERVICE AIRPORT TRANSIT UNALLOCATED GENERAL EXPENSE l IRA CURRENT MONTH 0,000,000.00 49,983.97 7,055.45 1,050.96 952.72 3,274.99 2,691.55 10,006.75 23,202.76 3,155.17 none 25,793.00 none 6,299.23 5,661.46 ( 2,853.29) 4,126.53 $ 274,384.33 ADOPTED BUDGET 0,000,000.00 288,652.00 64,635.00 000 52,537.00 10,268.00 55,668.00 57,852.00 89 ,093..00 254,646..00 33,726..00 000 110,430.00 55,668.00 47,775.00 65,659.00 143,387.00 000 YEAR TO DATE AMOUNT 0,000,000.00 274,660.55 58,209.93 51,898.21 11,955.24 51,339.20 55,854.16 88,787.79 251,020.15 30,435.56 80.52 41,345.08 61,083.88 55,090.39 53,758.10 57,478.17 49,804.59 $2,655,400.00 $ 2,503,614.14 REMAINING BALANCE 0,000.00 13,991.45 6,425.07 638.79 (1,687.24) 4,328.80 1,997.84 305.21 3,625.85 3,290.44 ( 82.52) 69,084.92 ( 5,415.88) ( 7,315.39) 11,900.90 85,908.83 (49,804.59) $ 151,785.86 PERCENTAGE USED % 95.2% 90.1% 98.8% 116.4% 92.2% 96.5% 99.7% 98.6% 90.2% 999.9% 37.4% 109.7% 115.3% 81.9% 40.1% 999.9% 94.3% (EXPENSE REPORT CONTINUED DESCRIPTION WATER F, SEWER FUND WATER F, SEWER ADMINISTRATION WATER PLANT OPERATIONS SEWER PLANT OPERATIONS \J CITY OF HUTCHINSON FINANCIAL REPORT FOR nnuFMUF❑� ioa� CURRENT ADOPTED MONTH BUDGET 0,000,000.00 $0,000,000.00 41,370.03 9,645.81 38,648.66 $ 89,648.66 YEAR TO DATE AMOUNT 0,000,000.00 822,026.00 604,649.26 1,305,825.00 600,465.96 135,750.00 206,856.99 $2,263,601.00 $ 1,413,825.60 REMAINING BALANCE 0,000,000.00 PERCENTAGE USED 217,376.74 73.6% 705,359.04 46.0% (71,106.99) ] 152.4% $ 849,775.40 62.5% d • 9 MINUTES AIRPORT COMMISSION MONDAY, NOVEMBER 8, 1982 The meeting was called to order at 7:30 P.M. by Chairman McGraw. Present were: Doug McGraw, Randy Buboltz, and John Miller. Also present: City Administrator Gary D. Plotz and Maintenance Operations Director Ralph Neumann. The purpose of the meeting was to discuss the proposed contract for airport farm land rental between the City of Hutchinson and Gene Birk. It was noted that the City Attorney drew up the proposed three -year contract with two additional pro- visions. One provision was the waiver for any re- imbursement of past tiling of the farm land. The second provision was an agreement for plowing the land at the end of the third year of the contract. It was noted that the contract was similar to previous land rental contracts that have spanned three -year timeframes. The motion was made by John Miller, seconded by Randy Buboltz, to approve the pro- posed contract. Motion unanimously carried. The meeting adjourned at 8:00 P.M. MINUTES AIRPORT COMMISSION SEPTEMBER 13, 1982 Chairman McGraw called the meeting to order at 6:15 P.M., with the following present: Ed Connelly, Doug McGraw, John Miller, and Don Pankake. Also present: Council Representative Ted Beatty, City Administrator Gary D. Plotz, and City Ac- countant Kenneth B. Merrill. The purpose of the meeting was to discuss the proposed 1983 airport budget and the proposed farm land contract between the City of Hutchinson and Grant Knutson. The motion was made and seconded to recommend approval of the proposed budget for 1983. Motion carried unanimously. The Airport Commission discussed the proposal for another three -year contract with Grant Knutson. The Airport Commission felt that Mr. Knutson had been a good renter over the years. The City Attorney had previously stated that farm land was not required to be bid for rental purposes. The Airport Commission felt that since there had been a good working relationship with Mr. Knutson, the contract should be renewed for $80 per acre the first year, $85 per acre the second year, and $90 per acre the third year. In addition, the City Attorney would be insert- ing a disclaimer for any tile lines installed and a provision for plowing at the end of the third year of the contract. The motion was made and seconded to approve the proposed contract and recommend it to the City Council. Motion unanimously carried. There being no further business, the meeting adjourned. 7 -- MINUTES HUTCHINSON PLANNING COMMISSION TUESDAY, NOVEMBER 16, 1982 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: Jim Johnson, Ted Beatty, Roland Ebent, Larry Romo, Dr. Thomas Lyke and Elsa Young in addition to Chr. Erickson. Absent: None. Also attending were City Administrator Gary Plotz, Director of Engineering 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, October 19, 1982 were approved on motion by Larry Romo. Seconded by Ted Beatty, the motion unanimously carried. 3. PUBLIC HEARINGS (a) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY MR. GORDON HEDLUND The hearing was opened at 7:31 P.M. by Chr. Erickson with the reading of publication n 2995 as published in the Hutchinson Leader on Thursday, November 4, 1982. The request is for the iniation of phase II which is the addition of 96 mobile home spaces to the existing mobile home park. All mobile homes being established or enlarged require a conditional use permit. City Administrator Gary Plotz, made mention of a letter dated February 28, 1973 written to Mr. David Carroll, a previous owner, giving approval of the construction of phase II on the mobile home park. Being the project was not started in six months, it was necessary to reapply. Chairman Erickson then asked Elsa Young to read a letter from Mr. Pat Mikulecky, a neighboring property owner, which was just received immediately before the meeting requesting the construction of a four foot berm running north and south along the westerly side of the mobile home park expansion area. Discussion followed concerning the berm. It was questioned if the berm wouldn't possibly interfere with the drainage plan. Also adding the berm would be very expensive. 7 -e. Hutchinson Planning Commission Minutes November 16, 1982 Page 2 Drawings of the proposed addition were then reviewed by the Commission members. Mr. Hedlund, owner of Country Club Terrace, was questioned if these lots were planned to be sold off or used for rental pur- poses. He had thought of selling lots but he stated the streets would all have to be redesigned and it would be rather expensive. The hearing was closed at 7:42 P.M. on motion by Ted Beatty. Seconded by Elsa Young, the motion carried unanimously. Mr. Ted Beatty then made a motion to recommend to the City Council approval of phase II for Country Club Terrace with the contingency he continue the planting of trees on the westerly edge of the property. Seconded by Roland Ebent, the motion unanimously carried. (b) CONSIDERATION OF REZONING EXISTING MOBILE HOME PARKS TO R -5, MOBILE HOME PARKS, IN ACCORDANCE WITH ZONING ORDINANCE NO. 464 The hearing was opened by Chr. Erickson at 7:45 P.M. Publication # 2996 was read as published in the Hutchinson Leader on Thursday, November 4, 1982. City Administrator Gary Plotz explained to all present the zoning is only being reclassified. No boundary changes are being made. A recent change in our zoning ordinance created a specific district for mobile homes. This district is R -5 so it was felt the city maps should be updated. Loretta McDonald inquired as to what the zoning would be if individual lots were sold off on undeveloped land. She was in- formed that R -4 is the zoning necessary for a mixed use. In this district streets are required to be wider unless its under a PUD and private streets are owned by an association. After discussion, the hearing was closed at 8:51 P.M. on motion by Ted Beatty and seconded by Larry Romo. Motion carried unanimous- ly. Mr. Ted Beatty then made a motion to recommend approval to the City Council the rezoning of all existing mobile home parks to R -5. Seconded by Dr. Lyke, the motion carried unanimously. 4. OLD BUSINESS None. 5. NEW BUSINESS i Hutchinson Planning Commission November 16, 1982 Page 3 (a) ROADWAY PRESERVATION ON EXTENSION OF CENTURY AVENUE AND EXTENSION OF SUNSET STREET UNDER MAPS STREET ACT Director of Engineering, Mr. Marlow Priebe, explained he was requesting authorization to use the Maps Street Act to preserve the roadway right -of -way of the extensions of Century Avenue and Sunset Street. After discussion, Ted Beatty made a motion to recommend to the City Council they grant approval authorizing Mr. Priebe to proceed with the roadway preservation under the Maps Street Act. Seconded by Elsa Young, the motion carried unanimously. (b) REVIEW OF POSSIBLE ORDINANCE CHANGE - CLASSIFYING HOUSING BEING USED FOR ROOM RENTAL RATHER THAN APARTMENT RENTAL Mr. Homer Pittman, Building Official, stated there is nothing listed in our Ordinance stating any requirements for boarding rooms. Since we have a Vo -Tech in our city there are many rooms being rented out to students, especially in basements. The main items he is concerned with are for safety, namely; two exits from the basement and also the installation of smoke detectors. Discussion followed and the Commission asked Mr. Pittman to get some sample ordinances from other cities to look at and then they will try to come up with some type of requirements. Mr. Pittman informed the Commission that the larger cities require a registration if rooms are to be used for rental. The Commission then requested Mr. Pittman to put together some ideas for requirements as well as some sort of dollar amount for a fee. 6. ADJOURNMENT On motion by Ted Beatty, the meeting adjourned at 8:12 P.M. Seconded by Elsa Young, the motion carried unanimously. il CaXTRACr OPTION CONTRAC oewuo nu.u.nre s, For and in consideration of the sum of ___________________ One Hundred ----------- .---- — --- _ --------- - -Dollars (s ----- ) to me in hand paid, the receipt whereof is hereby acknowledged, I hereby grant unto The -City of Hutchinson --------------------- --- ------- ---- ------ ---- -- -- -- - -- - - - -- - - - -- - - - - for-- - °90- -- ----- - --- -days from the ................... st -- ------------ y of.. ---- - -------- October ---- - ------ 19 -. 82... to purchase, for the sum of__._gr� HLFMWD• SEVE[M_ FIVE _ Ti_ IOUSAND-__-_--------- ------ ------- ------ -- -- DOLL.3RS (i- X7.51- Q4Q..Q.OI the following described landa----------.------ -- -------------------------------- -- - -------- ------ --- ----------- --- ----situated in the County of----_____r4GTje.0d ----- -------- -.................. and State of ------ ynmee ;2td-- ---_---------- --------- to -wit: Lots 1, 2 and the N 18' of Lot 3, Block 27, Townsite of Hutchinson, S'h upon the following terms and conditions, to -wit: 1. City of Hutchinson to assume all existing, pending and future assessrents. 2. Property taxes to be pro -rated at time of purchase. 3. City of Hutchinson to assume teens and conditions of existing or future leases in ford at tine of purchase. 4. Closing to take place within 30 days of the exercise of this option. 5. Seller shall convey by warranty deed. Said ------------- aty_of Hutchinson -- - - - - -- -- -- - - - -- ° -- -- shall signify his intention to take said property by due notice in writing, and shall perform the con- ditions and comply with the terms of this Option, all within the time above specified; and a failure to give such notice, and comply with the terms and perform the conditions hereof (except as herein- after provided), within the time specified, shall terminate this Option, and all rights thereunder without further act or notice whatsoever, time being the essence of this agreement. In case said notice shall be given in due time, but transaction is not completed, then_-.--------- - - - - -- days shall be given in which to examine titles, make conveyances and close the transaction. \ FTRRT RT EDEBAL S_S_LAAH. ASS11. _ In Presence of (1l BY' -- - _ ( -• - -- sec: Gores. ` HY` / sst. -- SecTefaiy to each and all of its terms. accep43 agree 9--A- (1) If' liof -------'------------ --- - -- --- - --....— County of — - - - — - -- - -- aa. On this_.---- _--- -... -- --.day oJ__ --------- -_-__.d. D. 19 --._., before me, _ _ _ — - - -- -- - -a -- -- - - - -- — -- - -- - -- - - within and for said County and State, personally appeared —_— --- - ------ — ------ _...__- _____-- _..-_- _ ----- __ ------ _— _.— .__ —_Lo me known to be the same person described in and who executed the foredoinp instrument, and acknowledged that he executed the same as------free act and deed. ,State at - - ---- Minnesota County of____ McLeod -- --- --- ---------- ---------- — sa. On this__.. — I!!.t_._ --- _day of ----------- --- --- ------ MAI, before me a.--_ notarp - public— _--- `._ - -_ —�— urithin and for said County, personally appeared - --- D_o_nald A. Glas - -- -__ and-- ---Arliss... Haag - -- --- ------- ------ ---------- - -- - -- to me personally known, who, being each by me duly sworn_ — they — ..—..did say that they are respec- tively the -. -_f eg- t- _RICC_ President and the_.— .A"r- ,- Secmtaz7L.__ —of the corporation named in the foregoin.6 instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by author- ity of its Board of..._...Directoza_ - - ^ -- -and said --------- onald_ A.._ f] .a- ----- -- _- -- -..__-_- _-.__.__.- and__ —Ar7s — _— ------ a.knowledied said instrumen o be the free act and deed of said corporation. _... � ------- ----- 1?12----- -- -- ---- --•-•- -------- - Z b O U M; %AkIAAM "./M +.W MAhWW AMIMMAM• LAW FOO tXTPRY MW • MitplE90fA MC UMD COMM My Cowftlan Euim MAY 1A;19&'f rvw- .�mr.vnwv.- ;rin.vh I tiw.nwvvr MIVM. OPTION CONTRACT For and inconsideration of the sum of_ -_- -One Hundred and no /100ths- (;-100._00 =) to me in hand paid, the receipt whereof is hereby acknowledged, I hereby grant unto -- -------- Citty---of --- Hutchinson- ----------- -- - - - - ------ - - ---- through December 31, 198 - °- - -- - - - - -- - -- — - -- -an - -- - -- --- Option -- from the ----- -- --------- ----- 5th-------------- - - ---- - --- -- -day a%- -'- October- - - 19 -82. - to purchase, for the sum of _One_Hundred_Three Thousand Eight Hundred and n�6�t���a_ 103,800j00- the following desdribed lands - _- _---- - - —. - - - -- situated in the County ofMc7ieod__:_- ____ -._ and State of. -- Minnesota to -wit: - ----------------------------- .Lots 2 and. ;.j,. excepting south 20 feet of West 55 feet; North Half of City of Hutchinson, Block 49, McLeod County, Minnesota. upon the following terms and conditions, to -wit: $103,800.00 cash on or before December 31, 1982. Seller shall pay real estate taxes due in 1982 and buyer shall pay thereafter regardless of when closing occurs. Buyer agrees to fill in wall and restore sellers' building if building being purchased is removed or demolished by buyer within ten years after date. of closing. Buyer agrees to fill in wall opening in common wall between building being purchased on Lot 3 and building being retained by seller on Lot 4 and restore building on Lo (a as determined by buyer and seller prior to buyer removing or demolishing building�`N being purchased within ten. (10) years after date of closing. Said ------ JZ-i1Y— of_Hntchinson shall signify his intention to take said property by due notice in writing, and shall perform the con- ditions and comply with the terms of this Option, all within the time above specified; and a failure to give such notice, and comply with the terms and perform the conditions hereof (except as herein- after provided), within the time specified, shall terminate this Option, and all rights thereunder without further act or notice whatsoever, time being the essence of this agreement. In case said notice shall be given in due time, but transaction is not completed, then tenL10Z days shall be given in which to examine titles, make conveyances and close the transaction. In Presence of 1 I of Hutchinson to each and all of its terms. i i_ ii /!._ 4.t. TY accept said Option and agree N/-, Ca> �% fajr of Minnesota County of — __McLeod — _ —_— as. �j October 82 On this--- L-- - - -d °y °J ------ ----- -- --- --- ----- - -- -.4. D. 19--- before me, ----------------- a---- — ---- notary -- Public -------------- -- - - --- -- within and for said County and State, personally appeared -- Eta. za - eth__J, -.S v— endaen,_—Anthur__l_-___Hretzkc-- - .and_jSLelb.yLS..___S-v.endS.eA - -___ ___ - - -_Lo me known to be the same person described in and who executed the foregoing instrument, and acknowledged that the executed the same as— _their -free act and deed. _ � Notary- Public, ty, Minnesota r nnnnnAAAAw�AMAAAAAAAAAAAM W MhNN CURTIS M. BRADFORD NOTARY PUBLIC— MINNESOTA 5}mtQ at NOTARY Mc1EOD COUNTY - - - -- -- - - --------------------- IIIy Comm. Ewes Aug. lt. 1988 County of__— McLeod =�s +• x ■ On this —_ _ —____ —_day of____ —__D tc]b2 =____- ___ —., 1982—, before me a_— _­1o_tar�_- public - - -_— within and for said County, personally appeared to me personally known, who, being each by me duly sworn__ —___ -did say that they are respec- tively the__— _________— President and the____— ____— __ —___of the corporation named in the forepoin.6 instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was si¢ned and sealed in behalf of said corporation by author- ity of its Btomdaaaf_— __City- __CaunciL_ —and said-- - ---------------------- and- _— __— ___-- _____-- _- __— __ - -__- _acknowledged said instrument to be the free act and deed of said corporation. Notary Public, McLeod County, �r td O U • APPRAISER'S COMMENTS In this appraisal report I have appraised the whole property including: the 3 story brick building at the NW corner of Washington Avenue East and Hassan Street, the two -1 story con- crete block building extensions to the north along Hassan Street, and the unimproved land that extends north to, but not including Lot No. 1. This value conclusion earlier expressed, is in accordance with the provided definition of market value, my opinion as to the amount of compensation that the owner would be entitled to receive if the City were to buy the entire property. In accordance with your request I have formed an opinion of the-compensation which should be paid to the owner for two additional options of the City purchasing just a portion of the property. These additional partial purchase value opinions were formed by the proper appraisal procedure for "Partial Takings "; that is by appraising the whole property before the taking, and then the whole remaining property after the taking. The difference between the before and after values is the value for the portion of the property taken and includes "Severance Damages" to the remainder, if any, which are a result of the partial taking. In forming my opinions of the after values for each of the two optional partial takings, I have completed the same value approaches as documented in this appraisal report for the whole property before the partial taking. OPTION #1 The City purchase of all unimproved land area of the prope Whole property value before: $223,500.00 Whole property value after: $147,200.00 Difference: $ 76,300.00 Fair Compensation Amount to Owner: $ 76,300.00 This amount is about: 14,044 Sq. Ft. of land area @ $4.00 per S.F. _ * & Severance Damage to the Building of: $56,100.00 $20,200.00 * The damages are a result of the taking that will restrict the building ingress and egress to the south and east walls, making the existing five overhead garage doors along the north wall unuseable. R. PELTON & ASSOCIA -26- ADDENDUM TO OPTION AGREEMENT OF OCTOBER 5, 1982 The provisions of the attached option agreement are hereby ratified and affirmed with the exception of the following alterations or modifications: 1. The purchase price of said option agreement is hereby changed from $103,800.00 to $76,300.00. 2. The legal description of the property encompassed by said option agreement is hereby changed from: Lots 2 and 3, excepting South 20 feet of West 55 feet; North Half of City of Hutchinson, Block 49, McLeod County, Minnesota to: All of Lot 2 and Lot 3, excepting the South 20 feet of the West 55 feet and excepting the South 30 feet of the East 77 feet all in Block 49, North Half City, McLeod County, Minne- sota Signed this In Presence of: day of December, 1982. Elizabeth J. Svendsen Arthur J. Bretzke Shelby B. Svendsen In Presence of: CITY OF HUTCHINSON Mayor City Clerk OPTION TO PURCHASE THIS AGREEMENT, made this 20th day of September , 1982, by and between — Temple Lodge No. 59 Ancient Free and Accepted P",asons of Minnesota, a corporation organized and existing under the laws of the State of Minnesota, hereinafter called "seller ", and City of Hutchinson, a municipal corporation organized and existing under the laws of the State of Minnesota, hereinafter called "buyer "; WITNESSETH: THAT IN CONSIDERATION of the mutual agreements herein contained and the sum of One Hundred Dollars ($100.00) paid by buyer to seller, the receipt of which is hereby acknowledged, seller hereby grants to buyer the exclusive right at its option for and during the period from the date of this agreement up to and including December 31, 1982, to purchase the following parcel of Teal estate situated in the County of McLeod, State of Minnesota, to -wit: Lots One (1) and Two (2) , Block Thirteen (13) , Townsite of Hutchinson, South Half, for the cash price of One Hundred Sixty -Three Thousand and No /100 Dollars ($163,000.00). In case buyer shall elect to purchase said property pursuant to this option, it shall exercise such election by notice thereof in writing delivered to Don Pankake, Senior Trustee, Temple Lodge No. 59, at his residence at 805 Laura Avenue, Hutchinson, Minnesota, or in the event of his absence, by leaving notice thereof at his residence within the time above limited. In the event of the exercise of this option, the following terms and conditions shall apply: 1. Seller shall within thirty (30) days after receipt of notice of exercise of option deliver to buyer an Abstract of Title continued to date and including all necessary certificates. 2. Buyer shall have thirty (30) days to examine said Abstract and to close and complete the purchase. 3. Seller shall pay real estate taxes payable in 1982. Buyer shall pay real estate taxes payable in 1983 and any unpaid installments of special assessments payable therewith and thereafter. 4. Seller shall execute and deliver a Warranty Deed convey- ing marketable title. 5. Seller shall deliver possession not later than August 1, 1983. 6. Seller reserves the right to remove fixtures from the building prior to delivery of possession. In the case buyer shall elect not to exercise its option within the prescribed period of time, then the option agreement shall terminate without further action; and option money shall be forfeited to seller. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Temple Lodae No. 59 Anc t Free and Accepted Na Mons f �A �nne ota A v Trustee Trustee Tr tee Master This instrument was drafted bv: City of Hutchin Pichard A. Peterson Attorney at Law BY 116 Main Street South Hutchinson, MN 55350 � I -2- t Secre = - - W-1- U State of Minnesota ) ) ss. County of McLeod ) The forecioinq instrument was acknowledged before me this 21st day of July, 1982, by Don Pankake and Donald L. Holtberq, Trustees; on behalf of Temple Lodae No. 59 Ancient Free and Accepted Masons of Minnesota, a corporation oraanized and existinq under the laws of the State of Minnesota. �1 RICHARD A PETERSON �J�Al NOTARY PUBLIC MINNESOTA p, Jln�'�+ MCLEOD COUNTY `�Sq My Commission Expires Sept 25 1988 State of Minnesota ) ) ss. County of McLeod ) The foregoing instrument was acknowledued before me this 22d day of July, 1982, by Scott Plowman, Master; and Homer D. Wass, Trustee and Secretary; on behalf of Temple Lodge No. 59 Ancient Free and Accepted Masons of Minnesota, a corporation organized and existing under the laws of the State of Minnesot RICHARD A :PETERSON X NOTARY PUBLINESOTA McLEOD NTY My Commission Expt 25 1988 (612) 587 5151 HUTCH CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: December 17th, 1982 TO: Mayor and City Council FROM: Building Official RE: Handicapped Code The attached material was put together for your information in response to the Mayor's questions on handicapped code and State and Federal Funding Monies. Hopefully this will help to clear -up these questions. Respectfully, CITY OF HUTCHINSON 0 Homer Pittman Building Official HP /nt Attachments Oy iHe MINNESO 1 STATE COUNCIL FOR TH ANDICAPPED Metro Square, 7th & Robert St., Suite 208 • St. Paul, Minnesota 55101 + Jet + 612 -296 -6785 hINNEe 1- 800.652 -9747 — Toll -free Statewide Voice & TTY December 14, 1982 Mr. Homer Pittman 37 Washington Avenue Hutchinson, MN 55350 Dear Mr. Pittman: Thank you for contacting our office regarding architectural accessibility, particularly federal and federally- funded buildings. There are three laws, state and federal, that may apply in your situation: 1) The Minnesota State Building Code Chapter 55 applies to all buildings and facilities, newly constructed or structurally renovated since November 18, 1975, and requires that they be accessible to physically disabled persons. Some counties in the State of Minnesota have opted out of the Building Code. However, they must still comply with Chapter 55. 2) Section 504 of the Federal Rehabilitation Act of 1973 states that any agency or organization receiving or benefitting from federal monies must make their programs, activities and services accessible to disabled persons. This does not mean that all buildings must be accessible, but if there is no alternative (such as relocating services in accessible facilities or floors) then physical modifications should be done. 3) The Federal Architectural Barriers Act mandates that buildings must be made accessible if designed, constructed, altered or leased with federal monies after September 1969. I hope this has been helpful. Please contact me if there are any questions or if further information is desired. Sincerely, Susan Lasoff Accessibility Specialist SL:lc AN EQUAL OPPORTUNITY EMPLOYER ';° OM Department of Administration 2 MCAR § 1.15502 B. Site approaches. Access to building entrances shall be by walks. Such walks shall be of concrete, asphaltic paving or similar permanent materials with slip - resistant surface, and shall be not less than 48 inches wide with a slope not to exceed one vertical to 20 horizontal. C. Building entrances. At least one required exit of the building shall be accessible for use as ingress for the handicapped, and shall be identified for such use. Such building entrance shall be at the main lobby or corridor, or shall be accessible thereto by ramp or elevator. D. Access to other stories. Access for the handicapped to other stories or levels of the building used by the general public and /or employees shall be by elevator or ramp, except the following_ 1. Group R -I Occupancies not exceeding three stories in height. 2. Other occupancies not exceeding two stories in height, and where the total occupant load is less than 10_0 on all floors other than the main floor. Such ramp shall have a slip - resistant surface. It shall have a slope not to ex- ceed one foot vertical to 12 feet horizontal and a landing at top and bottom, and where the rise exceeds three feet vertically, it shall have an intermediate landing located not to exceed two feet six inches vertically. Bottom landing ,! shall have a minimum dimension of six feet measured in the direction of the ramp, and top and intermediate landings shall have a minimum dimension of five feet measured in the direction of the ramp. Handrails and guardrails shall be provided as required for stairs. E. Automobile parking areas. Where automobile parking spaces are pro- vided at least one space per 50 spaces or fraction thereof, shall be provided for the use of the handicapped, and shall be identified for such use. Such parking spaces shall be not less than 12 feet in width, and located as near as practicable to the building entrance specified in 2 MCAR § 1.15502(c). F. Doors and doorways. Doors and doorways serving buildings or portions thereof regulated by this chapter shall comply with the following: 1. Doorways or doors in an open position shall have a clear opening width of not less than 31 inches. 2. Doors shall be operable by a single effort with one hand. 3. In doorways consisting of two door leafs, at least one door leaf shall comply with the provisions of this section. See UBC § 3303(d) for minimum exit door width. 4. Where access regulated by this chapter is through two or more sets of doors, as in a foyer, vestibule, or lobby, the space separating the doorways shall be not less than seven feet. 57 z. • INTRODUCTION • FEDERAL LEGISLATION Since the 1960s, concern for the physically and mentally handicapped has increased substantially. Major pieces of federal legislation reflect congressional awareness of this growing concern. Descriptions of the major legislative landmarks provide a context in which state programs can be better understood. Vocational Rehabilitation and Equal Opportunity The Rehabilitation Act of 1973 129 U.S.C. §701 et seq.), was the first major federal civil rights law to guarantee equal opportunity to handicapped persons. The most significant section of the Act, commonly referred to as Section 504," provides that: "No otherwise qualified handicapped individual in — -- the United States . . . shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service." (as amended by Pub.L. 95 -602 11978)) Because of the wide scope of this guarantee of equal opportunity, every federal agency must issue its own regulations interpreting Section 504. All federal agencies have not yet promulgated such regulations. Congress enacted the Rehabilitation Act of 1973 primarily to improve states delivery of vocational rehabilitation services to handicapped persons. The Act authorizes federal grants to States with approved State plans for vocational rehabilitation services. Services to be provided under the Act include evaluation of rehabilitation potential, counseling, training, physical and mental restoration services, rehabilitation teaching services, occupational licenses, transportation and technological aids 129 U.S.C. §723 as amended by Pub.L. 95 -602 • (1978)). In addition, the Act mandates that an individualized written rehabilitation program be developed for each handicapped individual eligible for services. The 1978 Amendments to the Act established the National Institute of r Handicapped Research to promote and coordinate research with respect to handicapped persons (29 U.S.C. §760 et seq. as amended by Pub.L. 95 -602 (1976)). The 1978 Amendments to the Act also authorized grants to assist States in providing services to individuals who are so severely disabled that they "do not presently have the potential for employment but may benefit from vocational rehabilitation services which will enable them to live and function independently." (29 U.S.C. §796 (1978)). Education Historically, handicapped children were excluded from receiving an appropriate education. This was especially true of the severely handicapped. To: address this situation, Congress enacted the Education For All Handicapped Children Act of 1975 (20 U.S.C. §1401 et seq.). This Act mandates that: "a free appropriate public education . . . be made available for all handicapped children between the ages of three and twenty —one within the State not later than September 1, 1980.. . ." 20 U.S.C. 1412(2)(B)(1976) States are to promulgate _a state plan which meets the "minimum standards" outlined in the Act and in its regulations. A State's failure to comply with the Act-and state plan standards results in a loss of federal funds. Architectural Accessibilit Architectural barriers can prevent handicapped persons from enjoying full and equal access to public or private facilities and services. Recent legislative changes have begun to open up more opportunities to the handicapped. Congress enacted the 1968 Architectural Barriers Act ii (42 U.S.C. §4151 et seq.), to require that governmental buildings be made accessible to the physically handicapped. Buildings subject to the mandates of the Act include: (1) those constructed or altered by or on behalf of the United States; (2) those leased in whole or in part by the federal government after August 12, 1968; or (3) those financed in whole or in part by a grant or loan from the government after August 12, 1966 (42 U.S.C. §4151). Since the passage of this Act, Congress has created an Architectural and Transportation Barriers Compliance Board which is charged with ensuring compliance with the provisions of the Architectural Barriers Act. Public Transportation Accessibilit If one is to fully share in modern American life, access to public transportation is essential. Congress recognized this in 1970 when its newly enacted Urban Mass Transportation Assistance Act (49 U.S.C. §1612 et seq.), set forth a "national policy" of giving handicapped persons the same right to utilize public transportation as the non — handicapped. "Special efforts" are required in the planning and design of public transportation systems to assure accessibility of the handicapped. "Special efforts" has been interpreted in regulations promulgated by the Urban Mass Transportation Administration as not requiring full accessi- bility 149 C.F.R.§ §609.1- 609.25 and §613.204 (1976)). The Federal —Aid Highway Act Amendments of 1974 (23 U.S.C. §142 et seq.) further the goal of accessibility by declaring that all projects receiving federal money under the Act must be planned and designed to allow effective utilization by handicapped persons, including the non— ambulatory wheelchair — bound. MINNESOTA: DESCRIPTIVE INFORMATION A 1976 household survey estimated that 14.5% or 521,544 of Minnesota's non — institutionalized population perceive itself to be functionally disabled. A functional disability is defined as the limitation of capacity or inability to perform the normal activities of living nm 204A.08 CONDUCT OF ELECTIONS 4066, 204A.08 UNORGANIZED TERRITORY, ELECTION PRECINCTS. Whenever any part of a county is not organized into towns, the county Q board, at their meetings in either January or July, upon the petition of not less 4 than ten legal voters residing more than ten miles from the polling place in any established precinct, shall create and establish out of such unorganized territory an election precinct, and designate a polling place therein at such point as will g' be most convenient for the persons residing in the precinct, but no such polling place shall be located within ten miles of any other existing polling place. History: 1975 c 5 s 69 204A.09 POLLING PLACES DESIGNATED. Subdivision 1. Method. The council of every municipality shall, by ordi- nance or resolution, designate the place of holding the election for each pre - cinct; otherwise the election shall be held as near as may be to the place where the preceding election was held, subject to change before the opening of the polls as provided by law. In any statutory city or in any city of the third or fourth class, having more than one precinct, the council of the municipality may, by ordinance or resolution, provide for the holding of all elections in the munici- pality in some building centrally located therein, and the voters of the munici- pality may vote at such place so designated, irrespective of whether the voting place is actually located in their precinct or not. At the place so designated there shall be provided separate statutory voting facilities for each precinct, and the voting shall otherwise be conducted in the same manner as though the voting places were located in the respective precincts. The council of any municipality may, by ordinance or resolution, designate a polling place for holding of elec- tions for a specific precinct in a building outside the precinct, provided that the building must be located within 1500 feet of the precinct. Subd. 2. Bar room. No election shall be held or appointed to be held in any place where intoxicating liquors or non - intoxicating malt beverages are served, or in any room used or occupied as a place of resort for idlers or disrep. utable persons, or in any room adjoining either. Nor shall any election be held in any room wherein the requirements of this chapter cannot be substantially complied with. Subd. 3. Access by elderly and handicapped. Each polling place shall be accessible to and usable by elderly persons and by physically handicapped per- sons by complying with the following standards of accessibility: (a) Doors, entrances, and exits used to gain access to or egress from the polling place shall have a minimum width of 31 inches. (b) Any curb adjacent to the main entrance to a polling place shall have curb cuts or temporary ramps. (c) Any stairs necessarily used to enter the polling place shall have a tem- porary handrail and ramp. (d) In the polling place, no barrier shall impede the path of the physically handicapped to the voting booth. A governing body shall select as polling places only those sites which meet the standards of accessibility prescribed in this subdivision, except that the gov- erning body may select a site not meeting the standards if no available site within the precinct can be made accessible. History: 1975 c5s70; 1977c88sI 204A.10 ILLEGAL POLLING PLACES. Subdivision 1. Change of place. When any place designated for holding an election does not comply with the provisions of this chapter the judges, on or 0 CODE PROVISIONS FOR DISABLED PERSONS, CHAPTER 55 The Division is currently working with the Handicapped Council to establish new require- ments based on ANSI A117.1 provisions. This approach will establish Minnesota requirements more in concert with model code provisions throughout the country. The current ANSI Al 17.1 provisions are a model standard subject to amendments based on local needs. The intent is to amend the ANSI standard only where it is in substantial conflict with present provisions. The Handicapped Council staff met with the Building Officials Advisory Committee to discuss practical difficulties in the application of handi- capped standards to existing buildings. The primary thrust was to find a vehicle to implement accessibility standards where literal compliance is impractical due to existing conditions. HANDICAPPED PERSONS CODE APPLICATION For some time Building Officials have been concerned about the administration of handi- capped code provisions and conflicts that occur with the handicapped community as to what is the proper application of code provisions. In new construction, disagreements are based on interpre- tation of requirements. In some cases omissions or errors do occur and remedies are provided in routine local appeals or compliance solutions by the Building Official. The primary concern of Building Officials is in the application of handicapped provisions to existing buildings when alterations or repairs occur. It seems that when any alteration or repair occurs someone believes alterations occuring trigger handicapped provisions of the code even though alterations are not occuring on a portion of the building required to be accessible or useable by handicapped persons. This usually initiates a complaint to a Mayor, Councilman or the Handicapped Council. Much time and effort is consumed to determine that handicapped require- ments do not really apply in all cases. The Commissioner of Administration, James J. Hiniker recently clarified and specifically stated the applicability of handicapped provisions and their enforcement. The ruling was a final determination by the Commissioner in response to an appeal on accessibility provisions. ri The basis for the Commissioner's decison is contained in items 5 and 7 of the conclusion portion of his notice of decision, reprinted as follows: °5. 1.linnesota Statutes § 471.467, Subd. 1 controls in the matter under consideration. It states that administrative rules promulgated by the Commissioner of Administration r egardiog building requirements for handicapped persons "shall exclusively govern the provision of facilities. .7. Because of the exclusive control afford- ed said rules, and thereby provisions of the Minnesota State Building Code and the 1976 Uniform Building Code, concerning the provision of facilities for the handicapped, provisions of f.4innesota Statutes § 471.465 through 471.569 v ✓hick vvere intended to govern the provision of such facilities until the promulgation of said rules no longer apply and have been superseded by said rules. The Commissioner further recommended that all services of public facilities be made available to persons of the handicapped community in situations where existing facilities are not required to be made accessible. The Department of Administration believes it is a sound premise and clarifies the application of handicapped regulations to all buildings, existing and new. 1979 UBC § 104, 1712, 1713 and SBC Chapter 55 exclusively govern the application of handicapped provisions for all buildings. It must be kept in mind that this determination may be subject to further appeal in District Court. Page two • . • MINNESOTA STATUES 471.465 as revised 1974 Session 42465 PHYSICALLY HAINDICAPPM, ELTIIAING HEGUL9TIONS; DEFI- NITIONS. Subdivision L For the purposes of sections 42465 to 471-469, the terms defined in this section have the meanings given them. Subd. Z 'Buildings and facilities" means any and all bwldings and facilities and the ground appurtenant thereto within any city, township or other governmen- tal subdivision of the state other than all farn dwellings and buildings and single and two family dwellings. However, on the date on which rules pro.'nul°ated by the Cures which must provide facilities for the handicapped pursuant to sa[ Subd. a "Physically handicapped" means and includes sight disabilities, bear. fns disabilities, disabilities of incoordination, disabilities of aging, and any other disability that signiiicaatiy reduces mobility, fle'_+3hility; coordination, or perceptiveness. Subd 4. "Remodeling" means deliberate reconstruction of an e -dstiag build. big or facility in whole or in part in order to brine it up to d=ate to conform with present uses of the structure and to conform with rules and regulations on the upgrading of health and safety aspects of structuress_ Subd. 5. "Local authority- means the local authority having jurisdiction o7er local building co-struction [1971 c 466 s 1; Ex1971 c 48 s 36; 1974 C 360 s 11 42466 ADXLJSTHATION A-YD EYFORCE3mNT. The duty and power to administer and enforce sections 471-465 to 471.469 is mnferred upon and vested in the commissicrer of administration and the local authority-. [1971 c 466 s E; 1974 c -960 s 21 471.467 B1111=NG SEQUM> i 1-'S; CONFOShfITr. Subdivision L On the date on which rules uzomulaa'.ed by the commissioner of adrriinistratim, buildings and facilities shall be those promulgated by the 3fimiesaYa state fire marshal entitled, "Rules and Regulations R2 ating to Public Buildings: Providing Accessibility and Usability Features. for Physically Handicapped- Persons Pursuant- to 14Tirinesota Statutes, . Section 7357 et seq -, as Amended, October 16, 1964, as- Amended." . Subd. 2 Nothing in sections 471-40 to 4T1.4E shall be cvrstrued to require - the remodeling of buildings solely to provide accessibility and usability, to the physically handicapped when remodeling would not otherwise be undyertakez Subd 3. When any building or facility covered by m^*c 47140 to 4il-469 - undergoes. remodeling either in whole or in part, that porlicn of the building or- facility remodeled shall canform to the requirements of sections 4TL4m to 471-369_ (1971 c 466 s 3; 1974 c 360 s 31 4TL468 BL-ILDLYG PIAiNS; APPROVAL;. ITECEPTIONS4 On site mmtruc- Lion or remodeling shall not hereafter be commenced of any building or facility un til the plans and specifications of the building or facility have been reviewed rod. a[iproved by the 1x11 authorty. The prov'sicns of sections 471455 tq 471469 are- applicable only to contracts awarded subsequent to May 22, L4771. - 11971c4663 4;1974c3603 41 - 471.469 ELEVATORS DY APARTDIENT EUUMING& Nothing herein shan- be construed to require elevators in apartment buildings _ [1971 c 466 s 51 471.47 [Repealed, 1974 c 40.5 s 481 p S6 (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON. MINN. 55350 M E M 0 DATE: December 16th., 1982 TO: Mayon and City Councit FROM: DiAectoA o6 EngineeAi.ng RE: Project 83 -01 Based on the Public Meaning, I recommend the 6ottow.i.ng project6 be approved: 8" Watnmain on Fa,iA Ave. 6nom Monroe Stec. to T.N. 22 8" WateAmcun on T.H. 22 6rom FaiA Ave. to Oakland Ave. 6" Watehmain on WaUeA Dxi.ve 6nom B u6b St. to 400' Southeast GAUding on Lindy Lane and H.iUtop Dn.ive in KdmbeAty's CountAy Estates Curb and GutteA on Boston St. 4nom AtP.anta Ave. to Battimone Ave. i Curb and GutteA on Baltimore Ave. 6rom Boston St. to T.N. 15 l Curb and GutteA on 8nad6ond St. in Schm.idtbaueA's 2nd Addition CuAb and GutteA on SheAwood St. in SchmidtbaueA's 1st and 2nd Addd ti.on,5 CuAb and GutteA on Lindy Lane 4rom Garden Road to 550' East Gn ng and SuA6ac,ing on Jack,5on St. 6nom McDonatd's Drive to RobeAts Rd. Sidewalk on JeS6eAson St. 6hom W" h,ington Ave. to 3Ad Ave. S.E. and Washington Ave., 1st Ave. S.E., 2nd Ave. S.E. and 3rd Ave. S.E. 6rom Hcvssan St. to Adams St. and Adams St. 6nom Washington Ave. to FaiA Ave. Assessable Cost $121,400 City Cost $179,900 Totat Cost 301,300 In addition, 6tAong conb.idehation shooed be given to: Grading, babe, pelrmanent sur6aci.ng, s.idewatk, cuAb and gutteA on (' Fnankti.n StAeet 4rom 2nd Ave. S.E. to 4th Ave. S.E. Assessable Coat $ 72,000 City Cost $ 19,000 Totae Coat ,000 A6 you know, we have done some work in that area, and I recommend we complete the 6tteet work. Respect4utty submitted, CITY OF HUTCHINSON MaAtow V. PA,iebe Vixector o6 Eng.ineeAing MVP /nt 8- G f'_n TT1RT TM C CITY COUNCIL PROCEEDINGS 1. The person(s) speaking shall come forward to the front table and identify himself by name and address. 2. No person shall speak longer than 10 minutes per time nor no more than twice (Roberts Rules of Order). 3. No person shall speak a second time until the entire floor has had the oppor- tunity to speak once. 4. Only those directly affected by the pending agenda item shall participate from the floor. 5. Debate shall be confined to the specific pending item on the agenda; also, the agenda topic should be clearly described and, where possible, supplemented by a memo for informational purposes. 6. The City Council members shall not be called upon for commenting until the public has completed their remarks or until the public hearing is officially closed. 7. The presiding officer shall not comment on the merits of the pending agenda item prior to introducing the item or during discussion from the floor; the presiding officer shall stay neutral until discussion with the balance of the City Council. 8. Discussion, debate or public hearings shall not exceed 30 minutes unless the timeframe is waived by the City Council. 9. The City Council shall conclude by 11:00 P.M. unless waived by a specified timeframe. 10. The Parliamentarian shall be the City Attorney. 11. Non - controversial items or routine items on the agenda shall be grouped for approval with one motion, unless deleted for separate consideration. r MESSAGE TO COUNCIL MEMBERS REGARDING COUNCIL MEETINGS PROCESSES 1. No Councilman shall speak until such time he is recognized by the Chair and then addressing the Chair by, Mr. Chairman I have a question of -- specify exactly to whom. 2. No Councilman shall be conferring with staff or anyone while the meeting is in process. 3. The Chair will not recognize any Councilman prior to a request by the Chair of anyone present, caring to be heard from the floor. 4. If applicable, after the floor has been recognized, the Chair will request of any Councilman of their desire to address a specific member or members from the floor. 5. After the closing of the floor, no Councilman will be recognized for addressing the floor. 6. After a motion, the discussion period shall not include anyone except the Chair and /or Council Members, if the Council Members have a request of another Council Member, he shall do so by addressing the Chair, Mr. Chairman, I desire to speak with.......... All of the herein is conditioned upon Roberts Rules and Order, as established by the City. gr— u AGREEMENT THIS AGREEMENT made and entered into this 20th day of December 1982, between the City of Hutchinson, party of the first part, hereinafter referred to as the City and Region 6E Community Action Agency, Inc., a private non - profit corporation, party of the second part, hereinafter referred to as the Agency WITNESSETH: WHEREAS, the Agency is desirous of obtaining facility space for the purposes of providing a meal site for the Nutrition for the Elderly Program, NOW, THEREFORE, in consideration of the covenants and agreements herein- after contained, the parties hereto agree as follows: 1. The City agrees to furnish to the Agency the space specified as follows: A. Evergreen multipurpose senior center large kitchen and dining area. B. Ccntract period January 1 1983 to December 31, 1983. 2. In consideration therefore, the Agency agrees to rent said space from the City at a rate of $300 per month, payable on the first day of each month or quarterly in advance. Such charge will be considered a payment for utilities consumed by the Agency in operation of the program. 3. The City agrees to permit the Agency to use kitchen and dining area fixtures, appliances and furnishings to operate the program. The Agency will provide kitchen utensils and table ware for preparing and serving meals. With permission of the Agency and under supervision by the City, other groups may occasionally use kitchen utensils and tableware for special events. 4. The Agency will install a telephone in the kitchen area and pay all monthly charges for this telephone. This telephone will be for the exclusive use of the Agency. 5. A meal will be served at 12:00, Monday through Friday. The kitchen will be used from 6:00 a.m. to 2:00 p.m. for meal preparation and cleanup. The dining area will be used from 10:00 a.m. to 2:00 p.m. for table preparation, dining, and cleanup. If scheduling conflicts make the facility unavailable on any day, the City will give one to two weeks notice of unavailability to the Agency. 6. The Agency will be responsible for daily cleanup of the kitchen and dining area, including sweeping of the dining area. The City will retain responsibility for major cleaning of the facility. ?-1z I 'AGREEMENT Page 2 7. The Agency agrees to conduct only those activities which are compatible with the facility and which will not interfere with the residential use of the building. Uses of the facility are subject to the guidelines established by the City /Developer Advisory Council and the Senior Advisory Board. 8. This Agreement shall continue in force and effect until December 31, 1983. The Agreement may be terminated prior to this date provided that one of the parties gives its intention to terminate the Agreement in writing sixty (60) days prior to the effective termina- tion date. 9. If satisfactory to both parties, the terms of this Agreement will be renegotiated at least thirty (30) days prior to the effective termination date. 10. Both parties shall hold the other harmless from any and all claims, demands, suits, or damages to persons or property arising out of the obligation of either party hereto. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. By: City Administrator Mayor REGION 6E COMMUNITY ACTION AGENCY By: Executive Director Project Coordinator 0 4, Kam+ Der, rsa2 December 10, 1982 Mayor Jim De Meyer City of Hutchinson City Hall Hutchinson, MN 55350 Dear Mr. Mayor: Thank you, first of all for your support of West Central Industries (WCI) in the recent application for a satellite shop in Hutchinson. We are very hope- ful that the application will be approved. For the past three years WCI has operated a recycling plant in Willmar, serving the surrounding area. The materials we have recycled include corru- gated materials, aluminum cans, newsprint and office paper. Our activities have had a direct impact on the dumping of waste in the county landfill. We are presently investigating the economics of expanding our service area into McLeod County and of operating in roughly the four counties of McLeod, Renville, Meeker and Kandiyohi. In addition to the above mentioned materials, our investigation will determine the feasibility of handling clear and colored glass. We request time on a future City Council agenda to present our thoughts on expansion of our services into the Hutchinson area. Our organization is committed to resource recovery. We believe potential for recycling of valuable material in Hutchinson is certainly worth assessing and appreciate the oppor- tunity to share the possibilities with you. Sincerely, Gary Nielsen Executive Director er 711 Willmar Avenue East Willmar, Minnesota 56201 (612) 235 -5310 10 an equal opportunity employer ?_ 'b— 2 ii v t4v Jr?- G% 45689 d c� D 19$2 w ez,� C(- c4z otl- I r -5.3 s6 Y 713 TOz FROM: (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN_ 55350 M E M O R A N D U M DATE: December 29, 1982 — — Mayor and City Council— _ -- — — — — — — — — — — — — — — — — — Water Billing_Dept_ — — — — — — — SUBJECT: -- Delinquent water accounts - -------------------- - - - - -- 03- 1115 -2 -00 04- 0375 -4 -00 Randy Gunderson Dennis McCutchen 506 Adams St. S. 146 Monroe St. S. $64.89 $69.53 $35.00 paid $29.89 balance 04- 0625 -2 -00 promise to pay 12 -30 -82 Richard Sturges 425 Third Ave. S.E. 04- 0095 -1 -00 $62.01 Kim Heyer 32S Adams St. S. 04- 0850 -6 -00 $43.37 Art Hagen *546 Fourth Ave. S.E. 04- 0220 -1 -00 Hwy. 12 W Gerald Elliott Cokato, MN 55321 590 Monroe St. S. $9.14 $98.20 04- 0855 -9 -00 04- 0240 -0 -00 *406 Huron St. S. Lynette Miller Hwy 12 W 566 Monroe St. S. Cokato, MN 55321 $42.14 $7.16 promise to pay 12 -31 -82 11- 0630 -7 -00 04- 0290 -0 -00 Pat Smith Roger Voss 4S5 Glen St. N. 510 Monroe St. S. $97.59 $62.87 11- 1165 -3 -00 04- 0370 -2 -00 Jim Lindmeyer Wilton Soderberg 705 Main St. N. 206 Monroe St. S. $78.15 $46.80 q —o Delinquent list cont. Page 2 11- 1222 -3 -00 16- 0560 -1 -00 Wally Teich Miles Willhite *441 Main St. N. 136 Eleventh Ave. NE 958 Jorgenson St. $89.17 $65.16 $60.00 paid $29.17 balance 12- 0170 -0 -00 promise to pay 1 -3 -83 Jerry Carrigan 15 Fifth Ave. NE 17- 0065 -0 -00 $118.48 Leonard Riemann 112 Mark Drive 12- 0415 -0 -00 $30.63 Thomas Brown 614 Elm St. 41- 0052 -2 -00 1:79.93 Wally's Tire 345 Michigan St. 12- 0715 -2 -00 $66.28 Kris Lindemeier 314 College Ave. $37.74 12- 0750 -0 -00 Joe Kickler *99 McLeod Ave. *service address 11 Glen St. N. $28.71 Recommend water service be 12- 0750 -1 -00 discontinued on Jan. 5, 1983 at Dennis Svobada 12:00 Noon unless otherwise stated. 99 McLeod Ave. $33.72 12- 1000 -2 -00 Rodney Markgraf 565 Clark St. (Promised to pay $87.23 January 7, 1983) 12- 1165 -0 -00 Ronnie Telecky 607 Bluff St. $80.56 promise to pay 1 -04 -83 12- 1325 -0 -00 Sheldon Crouse 229 Fifth Ave. $54.45 16- 0388 -1 -00 Doug Heilman 75 North High Drive $54.56 V 0 880 WEST-FIRST NATIONAL BANK BUILDING ST. PAUL, MINNESOTA 55101 (612) 227 -8017 P. O. BOX 848 360 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 55903 (507) 288 -3156 312 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (612) 475 -0373 to OS HORSEY & WHITNEY A Pertnembip Including Profession! CIolo lions 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340-2600 TELE : 29 -0605 TELECOPIER: (612) 340 -2868 CORNELIUS D. MAHONEY, JR., P.A. (612) 340 -2813 November 2, 1982 Mr. Gary Plotz City Administrator City Hall 37 Washington Avenue West Hutchinson, Minnesota 55350 Dear Gary: 201 SIRE BUILDING B THIRD IRD STREET NORTH GREAT FALLS, MONTANA 59401 (406)72] -3632 SUITE 675 NORTH 1800 M STREET N. W. WASHINGTON, D. C. 20036 (202) 296 -2780 30 RUE LA BOETIE 75008 PARIS, FRANCE TEL: (I) 562 32 50 % NOV1982 Cn IZFCF111M Enclosed are our statements for various legal services rendered by us to the City of Hutchinson in 1982. We hope you will find these statements satisfactory and will be able to place them in the proper channels for approval and payment. If you have any questions concerning our statements, please let us know. The amounts shown on our statements Nos. 135115 and 140364 are the amounts which we understand the City Council authorized for those services. Actually, the time expended by us for those two items, according to our records, using our customary hourly time charges, was in excess of $4,500. However, in view of our long- standing relationship with the City and our desire to continue to act as Bond Counsel for the City, we are happy to submit these statements in the lesser amounts. Best wishes. CDM:mp enclosures Very/£rply yours, us D. , Jr., P.A. 9 -ZZ. FEE STATEMENT City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 IN ACCOUNT WITH DORSEY & WHITNEY 135115 November 2 119 82 A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (INTERNAL REVENUE ACCOUNT NO. 41- 0223337) IN-RE: (A separate Disbursement Statement is or will be rendered for our disbursements, if any, for your account.) To legal services rendered from May 17, 1982 Amount through May 25, 1982, in connection with responding to a set of questions submitted by City officials concerning tax increment financing in the City, including research as to legal authorities and procedures, review of City resolutions and Tax Increment Financing Plan, telephone calls and correspondence with financial consultant to the City and City officials and attendance at May 25, 1982 City Council meeting $500.00 Disbursements, per enclosed separate statement ....... 37.50 $537.50 Payment due within 10 days of receipt of statement. '^ , - Disbursements made for y ccount, for which bills have not yet been rec will appear on a later statement. IN RE: DISBURSEMENT STATEMENT • November 2 City of Hutchinson 37 Washington Avenue W. Hutchinson, Minnesota 55350 IN ACCOUNT WITH DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 73211 19 82 This statement is for disbursements advanced by us for your account. It does not include any fee for our legal services. Disbursements made for your account, for which bills have not yet been received will appear on a later statement. Date of Advance Code 22 Payment due within 10 days of receipt of statement Amount 37.50 Total $ 37.50 Code: 7 Minute Book. Seal, or 13 Postage, Excess 20 21 Stamp Taxes Telephone, Long Distance, 1 Abstract Fee Stock Certificates 14 15 Printing Process Service or Telegraph 2 Appraisal 8 Mimeogrgphinq I6 Published Nolirn 22 Transportation and Travel 3 Bond Premium 9 Overt.., Steno Fee Expense 4 Certified Copy 10 Patent Office Fee IS IS Secordin9 Secretary o1 State 23 Witness Fee 5 Court Fee 11 Photographic Expense 19 Sheriff or Marshal 24 Other 6 Court Reporter 12 Photocopies If more detailed information is desired, please ask our Bookkeeping Department. FEE STATEMENT City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 IN ACCOUNT WITH 140364 November 1 DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (INTERNAL REVENUE ACCOUNT NO. 41- 0223337) IN RE: 19 82 (A separate Disbursement Statement is or will be rendered for our disbursements, if any, for your account.) To legal services rendered from June 10, 1982 Amount through July 13, 1982, in connection with responding to a second set of questions submitted by City officials concerning tax increment financing in the City, including research as to legal authorities and procedures, review of City resolutions and Tax Increment Financing Plan, telephone calls and correspondence with financial con - sultant to the City and City officials and attendance at July 13, 1982 City Council meeting ................... $500.00 Payment due within 10 days of receipt of statement. Disbursements made for yo10count, for which bills have not yet been rec* will appear on a later statement. 'FEE STATEMENT City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 IN ACCOUNT WITH DORSEY & WHITNEY 135113 November 2 A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (INTERNAL REVENUE ACCOUNT NO. 41- OZZ3337) IN RE: ,1982 -(A separate Disbursement Statement is or will be rendered for our disbursements, if any, for your account.) To legal services rendered from December 22, 1981 Amount through April 8, 1982, in connection with various questions concerning December 1981 ordinance relating to Armory and matters relating to previously issued Tax Increment Bonds and Parking Improvement Bonds of the City, including research as to legal authorities and procedures, review of City resolutions, telephone calls, conferences and correspondence with financial consultant to the City and City officials, and attendance at February 22, 1982 City Council meeting ................. $2,699.65 Payment due within 10 days of receipt of statement. Disbursements made for your account, for which bills have not yet been received will appear on a later statement. r CIGARETTE LICENSES: $12.006 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. Theodore Beatty Daniel Blauser, Manager Charles Boettcher John A. Buytaert City of Hutchinson Michael J. Commerford Michael J. Commerford Nathan Cook, Manager Jean C. Davison Ron Radunz, Manager Randy Dostal, Manager Bruce Santelman Carol Franzen Edward Harper Ward Haugen Dean Huber Leonard Jahnke Eric Johnson Walter L. Kelley Ralph Kerr Ruth Ann Lade Orville V. Lambert Brad Larson Dick Lenk Dick Lenz William C. Leung Milton Lueneburg Charles Nelson Leonard Odegaard Scott Plowman Brian L. Reck6w, Manager Emil C. Rix Botolf E. Petersen R. H. Teuber Gary Schubring, Manager Neil Wegner Joseph Wesley Robert Pulley, Manager Myron E. Wigen, Jr. Scott Schmidt R. C. Hornick Robert Rozmarynowski Thomas Dolder POPCORN STAND PERMIT: -$50.00 1. Mark D. McGraw 1983 Hutchinson Snyder Drug Store K Mart Corporation The Big C J's Pizz Garten City Hall Mike's Mobile Service Southtown Mobile Pizza Hut Davison North Side Grocery Tom Thumb Food Market Happy Chef Restaurant Country Kitchen Carol's Cafe West Side Grocery GTC Auto Parts Hutchinson Warehouse Grocery Jahnke's Red Owl Johnson's Super Valu Hutch Cafe V.F.W. Post #906 7 -West Wash S Dry Lambert's Standard Service Hutch Bowl, Inc. Prairie House, Inc. Prairie House, Inc. Gold Coin Chinese Restaurant Family Rexall Drug Store Hutch. Municipal Liquor Store Christy's Plowman's Crow River Country Club Downtown Standard 3M Magnetic Audio /Video Prod. 3M Tape Plant Shopko American Legion Post 96 Wesley's Pharmacy Pamida Wigen Chevrolet Erickson Oil Products The Gas Hutch The Wash Tub T. L. Scalawags Popcorn Stand 228 Main Street South 1090 Hwy. 15 South 204 Fourth Avenue N.W. 16 Main Street North 37 Washington Avenue West 105 Main Street North 903 Hwy. 15 South 964 Lynn Road 578 Prospect 1115 Hwy. 7 West Highway 7 West Highway 7 East 40 Main Street North 502 Harrington Street 31 First Avenue N.E. Highway 7 West 242 Main Street South 1105 Plaza 15 122 Main Street South 247 First Avenue S.E. Highway 7 West Main St. N. & Fourth Ave. N.E Highway 7 West Highway 15 South Hwy. 7 5 22 West - Box 572 45 Main Street North 2 Main Street South 117 Main Street North 28 Main Street South Hwy. 7 West Box 9 104 Main Street North Highway 22 South Highway 22 South 1235 Plaza 15 South 35 Second Avenue South 24 Main Street South 1000 Highway 15 South Highway 7 East 11 Fourth Avenue N.E. N. Main S Fourth Avenue N.W. 235 Hassan Street South Highway 7 West S.W. Corner of Public Square u K�GCe( �2r2122 23 q2 �6 4 Main Street South (C� b k Hutchinson, Minnesota 55350 [1CC . ar��" L Decenber 21, 1982 ?iayor Jim Meyer p—� -rJD CTvV T �On 'I= H7P�L and Council 'Ier'oers City Hall Hutchinson, '.N 55350 Dear 11ayor De leyer and Council MegDers: I hereby request assistance from. the City of Hutchinson in making an application for an Urban and Housing Grant for the Hutch Hotel. I would like to have affirmative action on this at the Council 'Meeting Tuesday, Dece -aber 28, 1982. I would also like to have any action that is necessary to nxwe ahead with this application. I have talked to Gary Plotz regarding a hearing on Tuesday, January 11, 1983, regarding this matter. I also have contacted the Professional and Developing Company to be assistance in obtaining this grant. Thank you for your consideration and your action. Very truly yours, A / FJF /gib 9- M E M O R A N D U M DATE: December 29, 1982 --------- - - - - -- TO: Mayor and City Council -------------------------- - - - - -- FROM: Marilyn Swanson, Administrative Secretary ----------------- - - - - -- - - - - -- SUBJECT: Agenda Item 9 -f - HUD Grant for Hutch Hotel -------------------------- - - - - -- In order to meet the legal requirements of a 10 -day public hearing notice published in the newspaper, it will be necessary to schedule the public bear- ing for January 25, 1983, instead of January 11, 1983. If the Council meeting would have been held on December 28 as scheduled, the notice would have gone into the December 30 issue. Publishing the notice in the January 4, 1983 Leader only allows seven days prior to the hearing. 9 -� M E M O R A N D U M TO: Mayor and City Council 0 DATE: December 23, 1982 FROM: Kenneth B. Merrill, City Accountant SUBJECT: Fire Hall Reimbursement of Expenses -------------------------- - - - - -- I have reviewed the cost incurred by the City prior to the bond issue and construction of the Fire Hall. Since 1979, with an estimate of Gary's and my time included, plus cost of architects, elections, and appraisals the total expenditures of which is $37,117.55. The letter written by Jerry Gilligan plus phone confirmation indicates all of these expenditures could be included by the Council. There is enough money left in the bond fund to reimburse the City for these expenses without affect- ing the construction. We will have funds left to complete the parking lot and other items which remain to be completed. Once the project is complete any funds remaining in the construction fund will be closed out to debt service and bond retirement of the fire hall bonds. /ms Attachment G'- G' CITY OF HUTCHINSON PUBLIC SAFETY /FIRE HALL REIMBURSEMENT OF COST SUMMARY 1980 Elections - March and June $ 2,686.34 1981 Election 1,503.03 1980 Gary Plotz and Ken Merrill 4,686.87 (Hourly Rate /Benefits /Overhead) 1981 Gary Plotz and Ken Merrill (or 1980) 5,286.41 1979 Architects 5,056.21 1980 Architects /Appraisals /Promotion Cost 17,898.69 $37.117.55 0 0 June 29, 1982 Kenneth Merrill City Accountant City of Hutchinson City Hail 37 Was^_noton Avenue West Hutchinson, Minnesota 55350 Dear Mr. Merrill: J=ROME P. GILLIGAN (612)34' 2962 The City of Hutchinson, Minnesota, (the "City ") has pre­lously issued its Ganeral Obligation Fire Hall Bonds dated August 1, 1981, in the principal amount of :730,000 (the "Bonds "), the proceeds of which are being used to finance t'_e acquisition and construction of a new fire station in the City. You have a_�'red w,' -ether the administrative expenses of the Citv_incurred in c nnection with the election which authoriz•ad the Bonds, the issuance of the Bonds and the acquisition and construction of the fire station are expenses which can be financed out of the proceeds of the Bonds. Under Minnesota Statutes, Section 475.65, when the use authorizes, to be financed with the T•_oceeds of an issue of oblications of a Minnesota city is the acquisition or betterment of an_r land, easements, buildings, structures, machinery, or equipment, the proceeds may be used to pay all expenses, incurred and to be incurred, which are reasonably necessary and incidental to such acquisition and betterme:-:t, including, but without limitation, the cost of I:ecessa;_y professional planning studies to determine desirable locations, architectural, engineering, legal, financial advisory, and other professional services, printing and publication, and interest to accrue on the obligations prior to the anticipated date of commencement of taxes or special assessments to be levied or other funds pledged for the payment of the obligations and interest thereon. DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY 22 )O FIRST BAi :: PLACE EAST MIN \EAP.)) IS, MINNESOTA 55402 =-7 IAT ANAL 241K BLOG. 612) 340 -2600 1150 RING BUILDING ST c "�ESOTA S51C1 120016TH.. STREET N.W o.22a -5017 WASHINGTON. D. C. 2DD36 CAELE'. DOROW - 1202! 296 -2780 P C 5DX 046 TELEA' 29-0605 1BOD1424 -2942 343 % -RE- Na'IZSAL BANK SLOG. 55903 TELECOPIEP. 16!2) 3412860 312 FIR ST NATIONAL BANG BLDG. 25a.3156 Wk ATA, N,INNESO.A 55391 1612; 475 -03`. 3 DAfL]60N -,.RC NOP-H 3D RUE U BOiTTE <TR2E7. GR V T =AL_. VONTANA 55401 75W8 PARIS. FRANCE 408 727-3632 TEL.I) $62 -32 -50 June 29, 1982 Kenneth Merrill City Accountant City of Hutchinson City Hail 37 Was^_noton Avenue West Hutchinson, Minnesota 55350 Dear Mr. Merrill: J=ROME P. GILLIGAN (612)34' 2962 The City of Hutchinson, Minnesota, (the "City ") has pre­lously issued its Ganeral Obligation Fire Hall Bonds dated August 1, 1981, in the principal amount of :730,000 (the "Bonds "), the proceeds of which are being used to finance t'_e acquisition and construction of a new fire station in the City. You have a_�'red w,' -ether the administrative expenses of the Citv_incurred in c nnection with the election which authoriz•ad the Bonds, the issuance of the Bonds and the acquisition and construction of the fire station are expenses which can be financed out of the proceeds of the Bonds. Under Minnesota Statutes, Section 475.65, when the use authorizes, to be financed with the T•_oceeds of an issue of oblications of a Minnesota city is the acquisition or betterment of an_r land, easements, buildings, structures, machinery, or equipment, the proceeds may be used to pay all expenses, incurred and to be incurred, which are reasonably necessary and incidental to such acquisition and betterme:-:t, including, but without limitation, the cost of I:ecessa;_y professional planning studies to determine desirable locations, architectural, engineering, legal, financial advisory, and other professional services, printing and publication, and interest to accrue on the obligations prior to the anticipated date of commencement of taxes or special assessments to be levied or other funds pledged for the payment of the obligations and interest thereon. DORSEY. WINOnORST. HANNAEORD.WNRNEY & HAL"DAY Mr. Fenneth Merrill City ticcountant Therefore, if the administrative expenses incurred by the C -ty were re_son at_v necessary and incidental to the election which authorized the Far.us, the issuance of t -:e Bonds or the acquisition and construction of the new fire station, such administrative expenses of the City may be financed out of the proceeds of the Bonds. Should you have any questions or comments concerning the ratters addressed in this letter, please do not hesitate to call me. yours tr ' Jerf JPG:ldf W- 0 0 1. CALL TO ORDER 0 MINUTES HUTCHINSON PLANNING COMMISSION TUESDAY, DECEMBER 21, 1982 FOR YOUR INFORMATION 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: Ted Beatty, Roland Ebent, Dr. Thomas Lyke, Larry Romo and Jim Johnson (arrived at 7:41 P.M.) in addition to Chairman Erickson. Absent: Elsa Young. Also attending were City Administrator Gary Plotz and Building Official Homer Pittman. 2. MINUTES The minutes of the regular meeting dated Tuesday, November 16, 1982, were approved on motion by Larry Romo and seconded by Ted Beatty. The motion carried unanimously. 3. PUBLIC HEARINGS None. 4. OLD BUSINESS (a) REVIEW OF FINAL PLAT FOR "PRIEVE ESTATES" Chairman Erickson explained that Prieve Estates is located within a two -mile radius of the city. The final plat map was reviewed by the members of the Commission. There were no questions from the audience. After brief discussion, Ted Beatty made a motion to recommend approval to the City Council of the final plat for Prieve Estates. Seconded by Larry Romo, the motion unanimously carried. (b) REVIEW OF FINAL PLAT FOR "PETERSON ESTATES" Chr. Erickson once again explained the plat is located within the two -mile radius of the city. The map was reviewed by the members of the commission and it was determined there had not been any changes from the preliminary plat. Motion was made by Ted Beatty to recommend approval of the final plat for Peterson's Estates to the City Council. Seconded by Dr. Thomas Lyke, the motion carried unanimously. (c) REVIEW OF FIN (P FINAL PLAT OF PHASE I AND COVENANTS FOR LARRY BETHKE'S Hutchinson Planning Commission December 21, 1982 Page 2 The plat was reviewed by the members and Mr. Bethke was asked questions concerning the covenants. He explained Mr. Keefe, his attorney, had drawn them up and had followed guidelines from a firm in Minneapolis using covenants for townhouses in that city. After discussion and briefly reviewing the covenants Mr. Roland Ebent made a motion to recommend approval to the City Council phase I of Larry Bethke's Rolling Greens contingent upon the City Attorney review the covenants to see they are in order. Seconded by Ted Beatty, the motion unanimously carried. (d) REVIEW OF POSSIBLE ORDINANCE CHANGE FOR REGISTRATION OF ROOMING RENTAL UNITS Building Official, Homer Pittman, had in the packet copies of a portion of an ordinance used by the city of Minneapolis. Discussion was held and it was decided it perhaps could use some changes before a hearing should be held. The fee was discussed and some questioned if it was necessary to be that high ($10.00). Also if one property owner should rent three or four separate rooms how would the fee run. Mr. Johnson suggested it be emphasized the intent of this ordinance is for fire and safety and not to make money. It was also suggested the registrations be recorded on the computer and listed on the searches done at the city. After discussion, it was determined Mr. Plotz should inform the city attorney on the points discussed and have him draw up some- thing that is simple and easy for the general public to follow. 5. NEW BUSINESS (a) DISCUSSION REQUESTED BY MR. LYLE EMME ON SIGN ORDINANCE (property zoned R -2) Mr. Lyle Emne explained to the Commission he was in the taxidermy business. He stated he has both a state and federal license. There is a sign located on the service road on the north side of Hwy 7 east directing out of town customers to Highland Drive where he has his business in his home. In the front yard he has a sign with the name of his business. Hutchinson Planning Commission December 21, 1982 0 Page 3 Pictures of the signs were presented for the commission to view. After a lengthy discussion, it was determined both signs were larger than the zoning ordinance permits. Mr. Emme was advised to either reduce the signs to meet the ordinance or apply for a variance. (b) REQUEST FOR EXTENSION OF CONDITIONAL USE PERMIT SUBMITTED BY HUTCH COMPUTER IND. A letter was received on December 20, 1982 by requesting an extension of time on a conditio to them in July. Conditional use permits are time period in which construction can begin. struction cannot be started within six months Council. the City of Hutchinson ial use permit granted issued for a six month In this case, con - pending on City Mr. Ted Beatty made a motion to extend the conditional use permit six months from the expiration date. Seconded by Dr. Lyke, the motion carried unanimously. 6. COMMUNICATIONS Mr. Lowell Baumetz, owner of Suzuki Sports Center, came before the Commission stating he was inquiring as to how they felt about him moving a building 70' in length from his old location to his present location. The exterior on both buildings is of the same material. None of the members present had any objection to this request so he was instructed to make application for a conditional use permit if he chose to pursue the project. Mr. Jim Johnson stated he was questioned by a property owner on South Grade Road about the temporary building used by the bank as to whether the building met the setback requirements of the ordinance. Mr. Pittman informed Mr. Johnson that the building did meet the requirement. 7. ADJOURNMENT On motion by Larry Romo, the meeting adjourned at 8:30 P.M. Seconded by Dr. Lyke, the motion unanimously carried. SLUDGE TRUCK RENTAL AGREEMENT WHEREAS, the City of Glencoe is the owner of a certain sludge truck used for the removal of sludge material from its waste water treatment plant; and WHEREAS, the City of Hutchinson is in emergency need of the use of said sludge truck; and WHEREAS, the City of Glencoe is willing to lease said sludge truck to the City of Hutchinson on an emergency basis according to the following terms and conditions; and NCW THEREFORE, in consideration of the foregoing premises it is agreed between the parties hereto as follows: 1. That the City of Glencoe shall lease to the City of Hutchinson its sludge truck for use on December 23, 1982, and such other dates as the City of Glencoe's waste water treatment plant superintendent determines the truck is available considering the needs of the City of Glencoe. 2. The rental charge for said sludge truck shall be $30.00 per hour, including transit time from the City of Glencoe to the City of Hutchinson and return, which charge shall include operator. 3. That during the time said sludge truck is leased from the City of Glencoe to the City of Hutchinson, the City of Hutchinson shall assume all obligations whatsoever with regard to the liabilities which may be incurred by the use of such sludge truck, including property damage, personal injury, and any other thing whatsoever including, but not limited to, any negligent operation by the operator thereof. Further, the City of Hutchinson agrees to hold the City of Glencoe harmless from any such occurrences, actions at law, suits, damages or other claims whatsoever. 4. That the City of Glencoe shall only provide the use of said truck with fuel and the wages and benefits, including worker's compen- sation covering the operator. 5. The City of Hutchinson acknowledges that while said sludge truck is being leased from the City of Glencoe such operations are on behalf of the City of Hutchinson and that they are thereby responsible for all such operation, including but not limited to the actions of the operator there- !: of, and shall indemnify the City of Glencoe from any liability, expense, or charge whatsoever. I f i' s' WHEREFORE, the parties hereto have set their hands this day k of December, 1982. '-FZ CITY OF GLENCOE By Elfege Austad, Mayor 7% Gregory F. Troska, Clerk CITY OF HUTCHINSON By Mayor erk e 0 0 REGULAR COUNCIL MEETING December 29, 1982 WATER & SEWER FUND Richard Ebert water meeting $ 9.66 Dorsey $ Whitney legal fees 4956.88 Keys Well Drilling supplies 31.50 Tippecanoe Press Inc. meter sheets 111.09 Ag Systems Inc. supplies 24.68 Cash Drawer #4 postage .60 Feed Rite Controls Inc. chemicals 313.31 Hutchinson Telephone Co. telephone -Nov. 218.90 Juul Contracting repairs 575.90 Munitech Inc. repairs 460.84 State Treasurer PERA 300.88 Van Waters $ Rogers chemicals 183.75 Waldor Pump repairs 1197.35 Water Products Inc. meter parts 111.56 $ 8,496.90 GENERAL FUND *Commissioner of Revenue arena sales tax $ 245.99 Hutchinson Coop tire repair 10.00 Barb Haugen skating instructor 186.40 J.W.Hanson Const. Co. sidewalk 153.00 LeRoy Reinert skating refund 6.00 Jerry Dostl sr. citizen dance 80.00 Linda Buske skating refund 6.00 Bob Carney airport gas key refund 30.00 Roberta Tabberson logis meeting mileage 23.50 Les Linder sr. citizens trip 116.20 Tom Savage airport gas key refund 30.00 Carneys Crow River Warehouse 3 class instruction feees 37.50 Duanes Mobile Lock repairs 125.00 Industrial Alloys Co. supplies 135.40 Interiors Unlimited supplies 17.74 Maplewood Academy use of gym 971.50 MIdland Lines Inc. bus ticket sales 981.47 MRSF registration fees 42.00 MRSF registration fees 28.00 Olsons Locksmith repairs 38.50 Plaza Int'l Motel sheriffs convention 32.40 Willmar AVTI registration fees 45.00 Doug Meier gasoline 12.60 Anderson Interiors rental 25.00 Peg Tapper sr. citizens class 35.00 Co. Treasurer dl fees for county 65.00 Cash Drawer t4 cash expenses 46.65 Copy Equipment Inc. supplies 42.50 Division of Boiler Inspection 3 boiler licenses 20.00 Dostal $ Oleson Oil Co. solvent 20.50 Co. Recorder recording fees 20.50 ERickson $ Templin snow removal 586.00 G. F. Nemitz supplies 14.00 Pamida tapes F, batteries 79.57 // _2_ Home Bakery Inc, sr. citizens 26.25 Hutchinson Com Hospital ins. audit refund 1520.00 Hutch Iron $ Metal iron $ pipe 86.95 Hutchinson Telephone Co. Nov. telephone 2233.97 Hutchinson Utilities ins. audit refund 2062.00 ICMA retirement Corp. icma 146.00 Interstate Power Systems supplies 38.56 Jahnkes Red Owl supplies 29.80 Jerabek Machine washers $ pipe 81.97 Kustom Quality Electronics parts 10.18 L $ P Supply parts 1.90 Star $ Tribune for sale ad 144.21 Motorola Inc. console maint. agreement 227.25 Kenneth Merrill mileage 32.20 Marilyn Swanson coffee 4.47 McGarvey Coffee INc. police coffee 51.80 Pikal Music Co. part 6.00 St. Paul Book & Stationery supplies 109.12 Simonson Lbr. Co. supplies 7.15 State Treasurer PERA 3586.31 James Schaefer 1/2 month services 798.44 Thorsen F, Campbell add. audit fees 1900.00 United Bldg. Center supplies 59.18 Xerox Corp. maintenanance agreement 95.00 $ 17,567.63 BOND FUNDS 1980 Tax Increment Fund Rannow Electric electrical circuits 125.00 Sharstrom Plbg. water cooler etc. 1049.00 1981 Parking Bonds Bennie Carlson contract payment 669.30 1982 Tax INcrement Fund Dorsey & Whitney legal services 517.88 1982 Bonds Fund= Dorsey & Whitney legal services 1923.57 s MUNICIPAL LIQUOR STORE Twin City Wine Co. Twin City Wine Co. Griggs Cooper $ Co. Griggs Cooper €, Co. Old Peoria Co. Old Peoria Co. Ed Phillips $ Sons Ed Phillips & Sons Griggs Cooper $ Co. Ed Phillips & Sons Twin City Wine C. Old Peoria Co. City of Hutchinson Commissioner of Revenue liquor $ wine $ 1964.99 liquor F, sine 1182.24 liquor $ wine 2810.62 liquor & wine 2194.54 liquor & wine 2522.07 liquor $ wine 2143.65 liquor 8 wine 3083.20 liquor $ wine 1842.22 liquor $ wine 2376.47 liquor & wine 3950.69 liquor $ wine 3508.81 liquor $ wine 3767.84 transfer of funds 20,000.00 Nov. sales tax 4507.58 $ 55,854.92 • 621282�93p3�.� NOTICE OF APPEAL aP���N Mb' EEC 1982 Q CEI vED D TO THE CITY OF HUTCHINSON:�� N61&Y!(9L SWE \�'\`�G YOU ARE HEREBY PLACED ON NOTICE pursuant to Minnesota Statute Chapter 429.011 - 429.091, that I am appealing and will file this Notice of Appeal with the District Court, the said appeal being from the Assess- ment levied by the City of Hutchinson in retard to Assessment Roll No. 152 as it affects my property in the City of Hutchinson. Please comply with the Statute quoted above relative to docu- ments required by that Statute to be supplied to me. I am represented by Attorney W. B. Haas, and furnishing of documents required by this Statute to him will suffice. Dated: �� �i •�(1(� 00BAW-v YET INC. OF HUTCHINSON MINNESOTA 55350 50 MAIN STREET SOUTH Mr, Kenneth 19. Merrill Assistant City Clerk Hutchinson, Minn. Dear Mr, Merrill: FOR YOUR INFORMATION December 29, 19 °2 Praun's Inc. !•fishes to register an objection to the -jr -nosed sidewalk, curb end gutter improvements F"ectine its nronepty on First Ave. S.'f, (Project 'do, 83 -01) in view of the fact that its sid =•?lk is in very good condition and wes raalaced at its ov^1 esnense some veers ago. Sinc =rely yours, Amanda C. Praun Presilent W. B. (BILL) HAAS ATTORNEY AT LAW CITIZENS BANK BUILDING P.O. BOX 157 HUTCHINSON, MINNESOTA 55350 -0157 December 20, 1982 TELEPHONE 612 -587 -0777 '' ?—C3 1�832A�< DEC 1982 RECEIVED BY FOR YOUR INFORMATION Mr. Gary Plotz, City Administrator City of Hutchinson Hutchinson, MN 55350 Re: Parking Assessment Appeal - Lorraine A. Meyer Dear Mr. Plotz: Attached hereto and served upon you is the Notice of Appeal from Assessment Roll No. 152 by Lorraine A. Meyer. Yours very truly, WBH:lc yj /- B. Haas Enc. NOTICE OF APPEAL TO THE CITY OF HUTCHINSON: YOU ARE HEREBY PLACED ON NOTICE pursuant to Minnesota Statute Chapter 929.011 - 929.091, that I am appealing and will file this Notice of Appeal with the District Court, the said appeal being from the Assess - nent levied by the City of Hutchinson in regard to Assessment Roll No. 152 as it affects my property in the City of Hutchinson. Please comply with the Statute quoted above relative to docu- ments required by that Statute to be supplied to me. I am represented by Attorney W. B. Haas, and furnishing of documents required by this Statute to him will suffice. Dated: J - i i 0 W. S. (BILL) HAAS ATTORNEY AT LAW CITIZENS BANK BUILDING TELEPHONE P.O. BOX 157 612- 5874777 HUTCHINSON, MINNESOTA 55350-0157 DFr'1982 RECEIVED December 20, 1982 FOR YOUR INFORMATION Mr. Gary Plotz, City Administrator City of Hutchinson Hutchinson, MN 55350 Re: Parking Assessment Appeal - Raymond T. Kamrath Dear Mr. Plotz: Attached hereto and served upon you is the Notice of Appeal from Assessment Roll No. 152 by Raymond T. Kamrath. WBH:1c Enc. Yours very truly, i W. B. Haas NOTICE OF APPEAL TO THE CITY OF HUTCHINSON: YOU ARE HEREBY PLACED ON NOTICE pursuant to Minnesota Statute Chapter 429.011 - 429.091, that I am appealing and will file this Notice of Appeal with the District Court, the said appeal being from the Assess - r.,ent levied by the City of Hutchinson in regard to Assessment Roll No. 152 as it affects my property in the City of Hutchinson. Please comply with the Statute quoted above relative to docu- ments required by that Statute to be supplied to me. I am represented by Attorney W. B. Haas, and furnishing of documents required by this Statute to him will suffice. . Dated: y �/ ! 6 W. B. (BILL) HAAS ATTORNEY AT LAW CITIZENS BANK BUILDING P -O. BOX 157 HUTCHINSON, MINNESOTA 55350 -0157 FOR YOUR INFORMATION December 22, 1982 Mr. Gary Plotz, City Administrator City of Hutchinson Hutchinson, MN 55350 Re: Notice of Appeal of Walter Quast Dear Sir: �F� 1982 D+ TELEPHONE 612 -587 -4777 Enclosed herewith and served upon you by United States Mail is the Notice of Appeal of Walter Quast from Assessment Roll No. 152. Yours very truly, o WBH:lc W. B. Haas Enc. NOTICE OF APPEAL TO THE CITY OF HUTCHINSON: YOU ARE HEREBY PLACED ON NOTICE pursuant to Minnesota Statute Chapter 429.011 - 429.091, that I am appealing and will file this Notice of Appeal with the District Court, the said appeal being from the Assess- ment levied by the City of Hutchinson in regard to Assessment Roll No. 152 as it affects my property in the City of Hutchinson. Please comply with the Statute quoted above relative to docu- ments required by that statute to be supplied to me. I an represented by Attorney W. B. Haas, and furnishing of documents required by this Statute to him will suffice. Dated: _ This Notice applies to three separate parcels, County Parcel No. 4259 CITY NO. 06- 116 -29 -03 -0600 County Parcel No. 4260 CITY NO. 06- 116 -29 -03 -0610 County Parcel No. 4264 CITY NO. 06- 116 -29 -03 -0640 LAW OFFICES OF GORDON L. JENSEN ZANE PROFESSIONAL BUILDING 7301 ZANE AVENUE NORTH BROOKLYN PARK. MINNESOTA 55443 PHONE (612) 560 -3900 December 16, 1982 City of Hutchinson Hutchinson City Hall Hutchinson, Minnesota 55350 Attention: City Clerk Dear Sir or Madam: RECD 1982 By at- FOR YOUR INFORMATION We have, as of this date, filed a Notice of Claim pursuant to Chapter 574 of Minnesota Statutes, on behalf of Woodcraft Industries, Inc., 525 Lincoln Avenue Southeast, St. Cloud, Minnesota 56301. This claim is a claim against a bond identified as follows: Bond in favor of the United States of America acting through the Administrator of the Farmers Home Administration as Trustee for John W. Korngiebel issued by American Druggist Insurance Company, Surety Underwriters Service Company, 1200 Second Avenue South, Minneapolis, Minnesota 55403; Bond No. 613056. In order that we may establish the validity PI would appreciate it if _you would advise me ion date of the contract for which the bond p� the date of acceptance by the proper public �1 v Thank you. Sincerely, Gordon L. Jensen GLJ /j lb of our lien claim, as to the comple- was issued and authorities. Y 0 (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMO DATE: December 21, 1982 FOR YOUR INFORMATION TO: Mayor and City Council FROM: Director of Engineering RE: Assessment Hearing for Maintenance Improvements If a policy change for assessment of maintenance of streets is approved, I would recommend we start our program in 1983. The most important streets are the Type B because the construciton to date on those streets has been assessed and protecting the peoples expenditure is most important. The Type A streets have not been assessed and should have a lower priority. For 1983, we should hold hearings on the following Type B streets: Michigan Avenue from Railroad to Hand's Inc. Spruce Court from McLeod Avenue to N. Termini Grove Street North of Washington Avenue Century Avenue from Jefferson Street to T.H. 15 Tenth Avenue N.E. from Eleventh Avenue N.E. to Elm Street Ninth Avenue N.E. from T.H. 15 to Elm Street Northwoods Avenue from T.H. 15 to East Termini Maple Street from Northwoods Avenue to College Avenue Spruce Street from Northwoods Avenue to College Avenue Harrington Street from Linden Avenue to Juul Road Milwaukee Avenue from East Termini to Town $ Country Estates by patching and slurry seal. And the following Type A streets: Carlisle Street from Sixth Avenue N.E. to South Termini Prospect Street from Fifth Avenue N.E. to McLeod Avenue Glen Street from Third Avenue N.W. to Fifth Avenue N.W. Kouwe Street from Fourth Avenue N.W. to Fifth Avenue N.W. Water Street from Third Avenue N.W. to Fourth Avenue N.W. Third Avenue N.W. from Main Street to T.H. 7 Fifth Avenue N.E. from Main Street to Bluff Street Hassan Street from Second Avenue N.E. to Third Avenue S.E. First Avenue N.E. from Main Street to Railroad Crossing Jefferson Street from First Avenue N.E. to Washington Avenue Third Avenue S.E. from Adams Street to Erie Street December 21, 1982 Mayor and City Council Assess. Hrg. for Maint. Imp. Page 2 Huron St. from Second Avenue S.E. to Third Avenue S.E. Ontario Street from Second Avenue S.E. to Fourth Avenue S.E. Sixth Avenue S.E. from Main Street to Jefferson Street Seventh Avenue S.E. from Main Street to Hassan Street Ivy Lane from Seventh Avenue S.E. to Oakland Avenue Fourth Avenue S.E. from Dale Street to Adams SZreet Milwaukee Avenue from Lynn Road to Main Street Miller Avenue from Lynn Road to Main Street Brown Street from T.H. 15 to Division Avenue Glen Street from Linden Avenue to Third Avenue S.W. Franklin Street from T.H. 15 to First Avenue N.W. Hayden Avenue from Lake Street to Fischer Street Osgood Avenue from Lake Street to Fischer Street Fischer Street from Dale Street to Hayden Avenue by patching and seal coat. If these hearings are held, I recommend they be held in March; possibly the 1st Tuesday of the month to avoid a Regular Council Meeting. MVP /pv cc: Cal Rice Ralph Neumann Marlow V. Priebe Director of Engineering 0 6 A (612) 587 -5151 ® HUlIH'/ CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: December 17, 1982 TO: Mayor and City Council FOR YOUR INFORMATION FROM: Director of Engineering RE: Maintenance Costs for City Streets At the Public Hearing on Tuesday, I referred to the three levels of Street Construction we presently have in the City, that is: Type A - Temporary Surfacing has an oil seal with no grading or gravel. Type B - Bituminous Base has grading and gravel. Type C - Bituminous Base and Bituminous Wear has grading and gravel. On an average year, we find the following: Type A - Roadways require the most time and material for patching and should be resealed every 4 or S years depending upon amount of patching required. Type B - Roadways will require minor patching and should be resealed every S years. Type C - Roadways require basically no patching and the surface should be redone every 20 years. As you may or may not be aware of, under our present policy Type A streets have not been assessed for surfacing and Type B streets have been assessed. Type B streets were constructed between 1962 and 1973 and Type C streets have been constructed since 1973. Also, Type C, being basically maintenance free, has a higher initial cost. Based on this information, I believe that the City has reached a point in time when it must stop giving free surfacing or resurfacing which is a cost to all property owners and begin a policy of assessment for maintenance such as patching and seal coats or slurry seals. We then will know from Public Hearings as to which streets need repair. We should attempt to complete 20% to 25% of the streets each year in order to have continuous program. Respectfully, CITY OF HUTCHINSON. %1 d P- 3'2t" � Marlow V. Priebe Director of Engineering MVP /nt (612) 587 -5151 f/UiLH" C1TY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: December 16th, 1982 FOR YOUR INFORMATION TO: Mayor and City Council FROM: Director of Engineering RE: Assessment Policy Street Improvements Over the years the strongest objection to street assessments has been from the property owners on corner lots who pay more than twice as much as an interior lot. That is, curb and gutter on both sides and street surfacing on the equivalent to the long side. Typical - 66' x 132' corner Lot. Curb and gutter assessment for 66' + 132' = 198' Street surfacing assessment for 132' Typical - 66' x 132' interior Lot. Curb and gutter assessment for 66' Street surfacing assessment for 66' As per the present policy, the City pays for 66' of the street surfacing on a typical corner lot(s) total 198' of frontage. If the policy were changed to the City paying for 132' of the typical corner lot(s) total frontage, many of the corner lots would not be involved with the projects on the long side. If this policy change were to be made and the Linden Ave. project would be considered this year, the cost breakdown as per present and revised policy is as follows: Present Policy Assessable Cost $71,280 City Cost $78,720 Total $150,000 Revised Policy Assessable Cost $17,420 City Cost $132,580 Total 150,000 The $17,420 assessment would be to properties only with frontage on Linden Ave., or having shortest property side on Linden Avenue. In either case above, the $78,720 or $132,580 City Cost would be paid from State Aid Funds. This policy change would increase the City's Cost on some regular street projects, and said increased costs would have to be paid by ad valorem tax. Respectfully, CITY OF HUTCHINSON %Wir,,�l/- Marlow V. Priebe MVP /nt Director of Engineering i r FOR YOUR INFORMATION M E M O R A N D U M DATE: December 21, 1982 --------------- TO: Mayor and City Council — --------------- — — — — — — — — — — — — — — — — FROM: Gar D. Plotz, City Administrator — —-------------- — — -- — — — — — — — — — — — SUBJECT: Parking Assessment - Walter Kelley (Hutch Cafe) Attorney Roger Gilmer presented me with an appeal for the property owned by Walter Kelley, known as the Hutch Cafe, on Tuesday, December 21 (see attached). Attorney Gilmer indicated to me that there is a possibility for a compromise in the event the assessment could be adjusted downward; specifically, he pro- posed the possibility of considering the south one -third of the first floor as a warehousing category as there is storage and equipment in this portion of the building. if you have any questions, you may contact Roger Gilmer as this is for infor- mational purposes. /ms Attachment 0 NOTICE OF APPEAL TO THE CITY OF HUTCHINSON, MAYOR, OR CLERK: YOU ARE HEREBY NOTIFIED that pursuant to Minnesota Statute Chapter 429, as amended, that the undersigned, as an aggrieved person, is appealing to the District Court, First Judicial District, Glencoe, Minnesota the adoption of the Assessment levied by the City of Hutchinson, and identified as a (ngyp y �u Assessment Roll No. 152 as it applies to and affects the undersigned's property located in the City of Hutchinson. I am represented by Roger L. Gilmer, Gilmer Law Office, Hutchinson, Minnesota and all documents to be furnished to the appellant required by this Statute should be furnished to him. Dated: December 20, 1982. Walter L. Kelley County Parcel No. 4244 City No. 06 -116- 29,03 -0460 0 9 FOR YOUR INFORMATION M E M O R A N D U M DATE: December 21, 1982 TO: Mayor and City Council -- — — — — — — — — — FROM: Gary D. Plotz, City Administrator ----- - - - - -- SUBJECT: Parking Program - Henke Cafe Assessment Mr. Henke made an appointment to discuss his assessment with me on Tuesday, December 21, 1982. As you may recall, the assessment roll was prepared giving Mr. Henke credits for five parking spaces, with him obtaining an easement from the owner of the Dairy Queen property. Mr. Henke advised me that he would not be able to get this easement until late February or early March inasmuch as the owner is vacationing over the winter months and is not available. Mr. Henke also informed me that he was able to fit five parking spaces at sharp diagonal angles,leaving a 10 -1/2' to 11' driveway on his property. At- tached is a very rough sketch of how he has laid this out. /ms Attachment ii i r ` i J Ys- R t n� 5 • • M E M O R A N D U M FOR YOUR INFORMATION DATE: December-21,1982 TO: Mayor and City Council -- — — — — — — — — — — — — — — — — — — — — — — — — — — — FROM: Gary D. Plotz, City Administrator -------------------------- - - - - -- SUBJECT: Parking Program - Quast Office Building With the direction of the City Council, I met with George Ouast and Roger Gilmer regarding the credits that they are requesting on the building pres- ently occupied by Attorney Gilmer. Presently there are two garages on the property that would house four cars. In addition, there could be two to three spaces (diagonally installed between the two trees along Second Avenue and the garage attached to the house). It would be the intention of Attorney Gilmer to gravel the necessary area to get the two to three spaces in addition to the garage area. You may want to drive past the back portion of the office building or stop in City Hall and see a photograph that Marilyn Swanson has at her desk. If any adjustment was considered, it is noted that one credit is equal to $175. /ms cc: Roger Gilmer George Quast FOR YOUR INFORMATION M E M O R A N D U M DATE: December 21, 1982 --------- - - - - -- TO: Mayor and City Council FROM: Gary D. Plotz, City Administrator — ------------ — — — — — — — — — — — — — — — — — — — SUBJECT: Parking Program - Rear Portion Behind Pikal Music Store -------------------------- - - - - -- The City Council directed me to meet with George Quast regarding his request for an adjustment on this building. On Tuesday, December 21, George and I walked through the building. The rear portion of the building is, in fact, being used for storage and is divided into two sections. The section directly behind the music /office facility is reported to be 500 square feet. The second section of the building is further to the east and is approximately 800 square feet. I noted it has a vehicle parked within the structure. /ms cc: George Quast FOR YOUR INFORMATION M E M O R A N D U M DATE: December 21, 1982 --------- - - - - -- TO: Mayor and City Council -------------------------------- FROM: Gary D. Plotz, City Administrator — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — SUBJECT: Parking Program - Credits for Sears Building -------------------------- - - - - -- The City Council directed me to meet with George Ouast regarding the credits on the Sears building. Presently they have been credited for four spaces directly behind the Sears store. George Quast is requesting an additional four credits on property across the alley and behind a home the Quast family owns on Hassan Street. The area be- hind the home where the credits are proposed is presently graveled with garage doors looking to the south over the four proposed spots. Marilyn Swanson has a photograph at her desk showing this proposed site. The value of four credits at $175 each would amount to $700. ems cc: George Quast W` o December 17, 1982 Honorable James DeMeyer Mayor of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Dear Mayor DeMeyer: 0 U.S. Department of Housing and Urban Development Minneapolis St. Paul Area Office, Region V 220 Second Street South Bridge Place Building jI Minneapolis, Minnesota 55401 FOR YOUR INFORMATION SUBJECT: Community Development Block Grant 1982 Small Cities Program Competition DEC 1982 RECaVED The HUD Minneapolis Area Office has completed its review of applications for funding through the 1982 CDBG Small Cities program. I regret to inform you that we were unable to fund your application. We received 115 applications totalling over $65,000,000 competing for about $14,900,000 in available funds. The time and energy spent'by you and your community in preparing your application is laudatory, and we believe, worthwhile. It is encouraging to see communities such as yours willing to take steps to improve themselves. We wish you success with your future Community Development efforts. Starting in 1983, the CDBG Small Cities program will be administered by the State of Minnesota through the Department of Energy, Planning and Develop- ment's Office of Local Government. You may wish to contact them for informa- tion on their 1983 Small Cities program. Their phone number is (612) 296 -2755. The State of Minnesota has already announced their 1983 application deadline to be February 1, 1983. 4. Enclosed you will find a rating sheet for each project you submitted. Time constraints in completing our rating process prevented us from providing detailed review comments on the rating sheets. However, we are more than willing to discuss our review of your application with you by letter, over the phone, or in our office. If you wish to discuss your application with us, please contact the Community Planning and Development Division at (612) 349 -3025. Thank you for your participation in HUD's Small Cities competition. Again, I regret that we could not fund more applications, such as yours. Sincerely, .7 Cv- Robert B. Gerber Acting Area Manager Enclosure cc: Mr. Gary Plotz ,'17-CS FY'82 RATINO FORIM ?]GLE PURPOSE p Single Applicant Q Joint Applicant Applicant Hutchinson Amount Requested $ 600,000 Threshold Requirements Met: ' I Al X Outstanding Audit Findings: Problem Factor Addressed: L_J 9/2 3 / 82 Grand Total 134 points YES O NO (see attached explanation) YES 1—� NO N/A Housing Public Facilities Economic Development Brief description of the proposed activity: - Acquisition Renovation for Sheltered Workshop - Removal of Architectural Barriers NEEDS FACTORS 150 POINTS POPULATION ( 660 ) ( 3,935 ) .167 % x 75 = 13 Number of Poverty Persons = Highest no. in competitive = Points (75 Points Maximum group (. 7.3 ) ( 25.5 ) .286 7 x 75 = Percentage of Poverty — Highest % in competitive Persons (75 Points Max.) group r• 21 Points r PROGRAM FACTOR Project would have insignificant impact on problem area. Project would have minimal impact on problem area. Project would have moderate impact on problem area. Project would have substantial impact on problem area. Project would have maximum impact on problem area. PERFORMANCE FACTORS Housing 1. Low and moderate housing provided in a manner which provides choice outside area of minority and low- income concentration. 2. Implementation of a New Horizons Project Equal Opportunity 1. Contracts 2. Employment 2 1000 POINTS ( 0 points) 100 (100 points)_ (200 points) (300 points) (400 points) 20 pts. 0 0 pts. 20 pts. O 0 pts. Q 15 pts. © 0 pts. 10 pts. 0 pts. Hutchinson Single Purpose Recommendation and Signatures Recommend: 0 Funding a Return Reviewer(s) %�{/y1(JytCj Program Manager ct 1, r -,ko- CPD Director '7 vl " I GRAND TOTAL 134 / FINAL RANK S,6 DateO&C. /�a I'm 0 -L" iL2 �iy 2) 587.5151 'Y OF HUTCHINSON 5HINGTONAVENUE WEST VSON, MINN. 55350 December 22, 1982 FpR Yp� R INFD R,y9T JpN M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: GP.RY PLOTZ, CITY ADMINISTRATOR RE: PERFORMANCE REVIEWS Please be informed that the performance reviews of both hourly and salaried employees have been completed. I would suggest that the council member overseeing each of the functions (departments) of the city meet with Hazel Sitz and me sometime in early January. In the event we want to bring in a department head or foreman, we can likewise make him available for any comments with the council. We will contact you to set up appointments to go over these materials. CITY OF HUTCHINSON NAME , Kaye Link EMPLOYMENT ADVISORY TO MAYOR AND CITY COUNCIL FOR YOUR INFORMATION DATE December 23, 1982 ADDRESS 566 Franklin, Hutchinson JOB TITLE Secretary, Administrative Offices SUPERVISED BY Gary Plotz EMPLOYMENT STATUS x NEW EMPLOYEE OTHER: X FULL TIME PART TIME OR SEASONAL PAY RATE II -4 COMMENTS Will begin work January 3, 1983,Jreolarina Diana Olsen who hac transferred to water billing dept. THE ABOVE PERSONNEL ACTION CONFORMS TO ADOPTED PERSONNEL POLICY AND TO THE COUNCIL APPROVED SELECTION PROCESS. DEPARTMENT HEAD PERSONNEL COORDINATOR CITY ADMINISTRATOR MEMO ,40� t'O&T /�iFOT z0lk TO: Off Campus Work Study Employers FROM: Carey Knudsen A memo was sent to all off campus employers this past summer indicating that because of an anticipated shortfall of Federal and State money it was necessary to require a 30% match for work study. Good news has arrived! We will not be billing for the 30% match on work study. It will be the regular 20% match that has been charged in the past. If you have questions on this please feel free to contact me.