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cp09-11-1984 c•IUTCH INS ON CITY CALENDAR WEEK OF September 9" I'0 September 15 1984 WEDNESDAY -12- SUNDAY -9- THURSDAY -13- MONDAY -10- :00 P.M. - Fire Department Meeting at Fire Station TUESDAY -11- PRIMARY ELECTION - City Council Meeting) at City Hall FRIDAY SATURDAY -14- -15- A R T S A N D C R A F T F E S T I V A L • AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 11, 1984 ,i. Call to Order - 8:00 P.M. ,/2. Invocation - Reverend John Longley /3. Consideration of Minutes - Regular Meeting of August 28, 1984 Action - Motion to approve - Motion to approve as amended 4. Routine Items ,/(a) Reports of Officers, Boards and Commissions 1. Building Official's Report - August 1984 2. Nursing Home Board Minutes dated July 26, 1984 3. Tree Board Minutes dated July 18, 1984 Action - Order by Mayor received for filing J(b) Resolution No. 7845 - Resolution Authorizing Release of Securities to First Bank Minneapolis Action - Motion to reject - Motion to waive reading and adopt ,/5. Public Hearing None 6. Communications, Requests and Petitions ,/(a) Consideration of Request to Use Old Fire Helmets As Prizes for Fire Prevention Week Poster Contest Action - Motion to reject - Motion to approve ,/(b) Consideration of Request by Dirgctor of Engineering to Attend Engineers Conference October 24 -26, 1984 Action - Motion to reject - Motion to approve ✓(c) Consideration of Requests by Hutchinson Fire Department for Centennial Celebration September 29 -30, 1984 Action - Motion to reject - Motion to approve requests COUNCIL AGENDA SEPTEMBER 11, 1984 7. Resolutions and Ordinances /(a) Ordinance No. 19/84 - (School Bus Parking at Elementary School) Action - Motion to reject - Motion to waive first reading and set second reading for September 25, 1984 (b) Resolution No. 7847 - Resolution to Purchase Action - Motion to reject - Motion to waive reading and adopt .,(c) Resolution No. 7848 - Resolution of Appreciation to Rollie Jensen Action - Motion to reject - Motion to waive reading and adopt 8. Unfinished Business ✓(a) Consideration of Set -Up License for Crow River Country Club (DEFERRED AUGUST 14, 1984) Action - V(b) Consideration of Additional Minor Landscaping Improvements to Old Wigan and Plowman Parking Lots Action - ✓(c) Discussion of 1985 Improvement. Projects, Including Lyndale Avenue, Hanson Drive and Improvement Project 85 -01 -24 (DEFERRED AUGUST 28, 1984) Action - J(d) Consideration of Senior Citizen Refuse Rate (DEFERRED JULY 24, 1984) Action - ,/(e) Discussion of Preliminary Plat of David Lee Acres On Highway 15 North (Requested by Jim Reid) Action - V(f) Consideration of Engineer's Report On Options for Storm Sewer at Goebel Fixture Co. (DEFERRED AUGUST 28, 1984) Action - -2- i 9 COUNCIL AGENDA SEPTEMBER 11, 1984 9. New Business ✓(a) Consideration of 1985 Assessment Agreement Between City of Hutchinson and McLeod County Action - Motion to reject - Motion to approve and enter into agreement J(b) Consideration of Changing Official Name of Airport to Hutchinson Municipal Airport - Butler Field Action - Motion to reject - Motion to approve name change J(c) Consideration of Initiating Process for Additional Hangars at Hutchinson Municipal Airport Action - Motion to reject - Motion to approve and authorize drawing up specifications and advertising for bids J(d) Consideration of Report on 1985 Improvements by Director of Engineering Action - J(e) Consideration of Application for Deferred Special Assessments by Harry Emans Action - Motion to reject - Motion to approve deferred special assessments and file with County Auditor ✓(f) Consideration of hiring An Assistant Building and Fire Inspector Action - Motion to reject - Motion to approve and advertise position , /(g) Consideration of Subdivision Agreement for Rolling Oaks Fifth Addition Action - Motion to reject - Motion to approve and authorize signing subdivision agreement J (h) Consideration of Sanitary Sewer Connection to Hutch Agri -Tech Action - J(i) Consideration of Status of Proposed Liquor Store Site On Highway 7 East and Prospect (Requested by Mayor Stearns) Action - JW Consideration of Appointments to Recreation Building Committee Action - Motion to ratify appointments -3- COUNCIL AGENDA SEPTEMBER 11, 1984 ,(k) Consideration of Setting Public Hearing On 1985 City Budget for September 25, 1984 at 8:00 P.M. Action - Motion to reject - Motion to approve hearing v(1) Consideration of Hockey Rink West of Civic Arena Action - i /(m) Consideration of 1985 Budget Recommendations by Parks and Recreation Board Action - ✓(n) Consideration of Application for Transient Merchant Permit by Dwayne W. Knigge and Peter Joseph Reopelle Action - Motion to reject - Motion to approve and issue permit 10. Miscellaneous ✓(a) Communications from City Administrator 11. Claims Appropriations and Contract Payments (a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. Adjournment -4- • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 28, 1984 r 1. The meeting was called to order by Mayor Stearns at 7:30 p.m. The following were present: Alderman Mike Carls, Alderman John Mlinar, Alderman Marlin Torgerson, Alderman Pat Mikulecky and Mayor Robert Stearns. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe and City Attorney James Schaefer. 2. INVOCATION The invocation was given by Reverend Larry Bauman. 3. MINUTES The minutes of the Special Meeting of August 7, 1984, the Regular Meeting of August 14, 1984, the Bid Opening of August 13, 1984, and the Bid Opening of August 21, 1984 were approved as written. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. Financial Report - July, 1984 2. Planning Commission Minutes - July 14, 1984 There being no discussion, the report and minutes were ordered by the Mayor to be received for filing. (b) ORDINANCE NO. 20/84 AMENDING SEC. 710:00 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED ONE -WAY TRAFFIC Motion was made by Alderman Mikulecky, seconded by Alderman Mlinar and carried unanimously to waive second reading and adopt Ordinance No. 697. 5. PUBLIC HEARING - 8:00 P.M. (a) CONSIDERATION OF ISSUING INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FRANK FAY Mayor Stearns opened the hearing at 8 p.m. City Administrator Plotz explained that the City's bond counsel is now of the opinion that the City cannot use General Revenue Sharing interest earnings to pay for the proposed police station project and therefore there is no need for a public hearing on the proposal. Hearing was closed on a motion by Alderman Torgerson, seconded by Alderman Mikulecky and carried unanimously. (b) CONSIDERATION OF ISSUING INDUSTRIAL DEVELOPMENT REVENUE BONDS TO F & T PROJECT Mayor Stearns opened the hearing. -1- John Bernhagen representing 07 ' COUNCIL MINUTES AUGUST 28, 1984 Hutchinson Community Development Corporation and Michael Saxton and Frank Fay of F & T Joint Ventures were present to summarize the proposal for the Parkview Plaza project at 4 Main Street South (Hutch Hotel) and 40 Washington Avenue West (old fire station), involving acquisition, renovation and rehabilitation, and requiring $400,000 in Industrial Revenue Bonds. There was discussion of the fact that a developer's agreement guaranteeing the tax increment will be entered into. City Attorney Schaefer stated that if a preliminary resolution for the project is passed, no obligation exists on the City's part. The City Attorney presented the proposed "non- suit" contract between the City and F & T Joint Ventures. Michael Saxton responded that the developers have no problem with such an agreement and are in favor of it. The hearing was closed on a motion by Alderman Torgerson, seconded by, Alderman Mlinar and carried unanimously.. - Based on the verbal agreement discussed, a motion was made by Alderman Torgerson to enter into an Agreement with F & T Joint Ventures for the issuance of indistrial development bonds, contingent upon a favorable tax increment plan. Motion was seconded by Alderman Mlinar and carried unanimously. Motion was made by Alderman Torgerson, seconded by Alderman Mlinar and carried unanimously to adopt Resolution No. 7844, Giving Preliminary Approval to a Project and its Financing under MN Ind. Rev. Act; and Referring Proposal to MN Energy & Ec. Dev. Auth. (c) CONSIDERATION OF AMENDING TAX INCREMENT FINANCING PLAN (DIST. 4) Mayor Stearns opened the hearing. City Administrator Plotz recommended that the hearing be continued to September 25 at 8:00 p.m. Motion was made by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously to continue the hearing for amending tax increment financing plan until September 25, 1984. (d) CONSIDERATION OF ASSESSMENT ROLLS 187 AND 188 - MAC'S BLUFF ADDITION Mayor Stearns opened the hearing. There being no one present to be heard, the hearing was closed on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. Resolutions No. 7842 and 7843 Adopting Assessment Rolls 187 and 188 were passed on a motion by Alderman Mlinar, seconded by Alderman Carls and carried unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY CLARA STURGES FOR SENIOR CITIZEN REFUSE RATE The request was approved on a motion by Alderman Torgerson, seconded by Alderman Mikulecky and carried unanimously. -2- L] COUNCIL MINUTES AUGUST 28, 1984 (b) PRESENTATION REGARDING LOCAL_ ACCESS TO CABLE TV - BY HAVTI REPRESENTATIVES LARRY FRAZER AND MIKE GOEDE HAVTI representatives Frazer and Goede explained that the vocational school would like to coordinate local programming, which would also provide training for students. They requested a committee be appointed to coordinate the effort. Mayor Stearns responded that the Council and representatives from cable television and HAVTI should meet first to discuss plans. A motion was then made by Alderman Mlinar to direct Attorney Schaefer to draw up necessary documents to address the three major points needed in an agreement; hiring a director, providing equipment, and setting up the transmission center- at- HAVTI... Motion was seconded by Alderman-Miktilecky.-- The -mot ibn-Vias- amEndnd'- by Alderman Carla to have the agreement drawn up after a meeting has taken place. The amendment was seconded by Alderman Torgerson. The motion to have agreement drawn up after a meeting of council, cable television and HAVTI was then carried unanimously. Larry Frazer was directed to set up the meeting. (c) REQUEST FOR AUTHORIZATION TO PURCHASE A MAMMOGRAPHY UNIT FOR HUTCHINSON COMMUNITY HOSPITAL Hospital Administrator Phil Graves presented the request for the mammography unit costing $40,000, which request was aithotizeiby the Hospital Board of Directors. Request was approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. (d) REPORT ON APPRAISAL OF VISION CENTER AND WENDORFF PROPERTY (BY GARY PLOTZ) City Administrator Plotz reported that the full appraisal documents have now arrived and will be provided to the Council. In summary, the Vision Center appraised value is $46,300. The Wendorff property appraised value is $134,000; the land value is $4.75/sq. ft, totaling $76,500, the house and garage total $57,500. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION AMENDING PARKING REGULATIONS FOR MUNICIPAL OFF- STREET PARKING LOTS TO ALLOW ALL -DAY PARKING PERMITS Motion was made by Alderman Mlinar to waive reading and adopt Resolution 7840. Motion seconded by Alderman Carls and carried unanimously. -3- COUNCIL MINUTES AUGUST 28, 1984 8. UNFINISHED BUSINESS (a) CONSIDERATION OF ENGINEER'S REPORT ON OPTIONS FOR STORM SEWER AT GOEBEL FIXTURE CO. Engineering Director Priebe reported there is no record of when and by whom the old storm sewer in the affected area was constructed. The line is quite flat. New line would be 15" in diameter and installed 2 feet deeper. Public hearing would show if there are objections to storm sewer assessment -3n the.ares. -...Q Stearns _:._ directed that Engineer Priebe and representatives from Goebel's should work out details of a proposed method of serving the area with storm sewer. The matter will be discussed again at the September 11, 1984, Council meeting. (b) CONSIDERATION OF ENGINEER'S REPORT ON MEETING IN OWATONNA CONCERNING CCBA PROCESS Engineering Director Priebe reported Owatonna is considering dropping the idea of the CCBA demonstration wastewater treatment project. Alderman Carls requested that Dr. Harrison, the developer of the process, be invited back to appear before the Council before Hutchinson would end efforts to cooperate in the demonstration. Mayor Stearns directed Engineer Priebe to invite Dr. Harrison again. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Motion was made by Alderman Carls, seconded by Alderman Mlinar and carried unanimously to authorize discontinuation of service. (b) (ITEM DELETED) (c) DISCUSSION OF IMPROVEMENTS TO HANSON DRIVE (REQUESTED BY FLOYD NOEL) Floyd Hoel and Mike Tucker appeared to request that hard surface street be provided on Hanson Drive and asked that the Council consider doing this at the same time the Lyndale Avenue improvement is done. After discussion, it was decided the improvement should be considered along with 1985 projects. (d) CONSIDERATION OF ENGINEER'S REPORT FOR 1985 PUBLIC WORKS PROJECTS Engineering Director Priebe summarized improvements he recommends for 1985 in projects 85 -01 -1 to 85- 01 -25. Attorney Schaefer will check concerning the requirement for two entrances per subdivision agreement on project 85- 01 -21. After discussion on all projects, 0 -4- • • 0 COUNCIL MINUTES AUGUST 28, 1984 Alderman Carla requested that the City Engineer provide information for the next Council meeting on the total cost of projects for each of the past ten years. Motion was then made by Alderman Carla that action on project 85 -01 -24 be deferred until September 11, 1984 when cost information will be available. Motion was seconded by Alderman Torgerson and carried by a 4 -1 vote, with Alderman Mlinar voting No. Motion was made By Alderman Carla to Receiving Report and Calling Hearing 25, 1984, at 8 p.m., for projects as 7(from Maln Hassan to Jefferson), 9, 18, 19, 20, 25. Motion was sedohde carried unanimously. adopt Resolution No. 7839 on Improvement for September listed only: 85 -01 -1, 2, 4, 11, 12, 13, 14, 15, 16, 17, 1 by'Alderman Torgerson and - (e) CONSIDERATION OF SUBDIVISION AGREEMENT FOR WALLER'S SECOND ADDITION Motion to approve Subdivision Agreement was made by Alderman Torgerson, seconded by Alderman Mikulecky and carried unanimously. (f) CONSIDERATION OF BID OPENING DATE OF SEPTEMBER 20 AT 2 P.M. FOR LIBRARY PROJECT Architect John Korngeibel appeared stating he would like to have bids taken also for Hassan Street improvements which are related to the library project. Motion was made by Alderman Carls to set library bid opening date for September 20 at 2 p.m. Motion was seconded by Alderman Mlinar and carried unanimously. (g) CONSIDERATION OF ACTIVATING DEFERRED ASSESSMENT FOR BERNARD C. BRECHT Due to construction on the Bernard C. Brecht property, the deferred assessment was activated on a motion by Alderman Torgerson, seconded by Alderman Mikulecky and carried unanimously. (h) CONSIDERATION OF AWARDING BIDS FOR TWO PICKUP TRUCKS Communication was received fri recommending that the low bid for the two pickup trucks, in and $13628.02 for a 3/4 ton. motion by Alderman Torgerson, carried unanimously. >m Maintenance Director Ralph Neumann from Wigen Chevrolet Co. be accepted the amount of $3838.60 for a 11 ton The Wigen bid was accepted on a seconded by Alderman Mlinar and (i) CONSIDERATION OF RESERVING 1984 INDUSTRIAL REVENUE BOND ALLOCATION (PRESENTED BY JOHN BERNHAGEN OF COMMUNITY DEVELOPMENT CORP.) Information was presented by Mr. Bernhagen concerning the use of Industrial Revenue Bonds. Hutchinson may reserve its -5- COUNCIL MINUTES AUGUST 28, 1984 entitlement amount based on past usage of the bonds by making a 1% deposit fee of the entitlement amount to the MN Department of Energy and Economic Development. The City may make use of the funds locally or choose to allocate part of the entitlement to another city in future years through a joint powers agreement. Hutchinson's entitlement for 1984 is $2,484,533. Motion was made by Alderman Torgerson to waive reading and adopt Resolution No. 7846 Relating to MN Industrial Revenue Act and to to deposit 1% of the 1984 entitlement with the Department of Energy and Economic Development. Motion was seconded by Alderman Mlinar and carried unanimously. (j) CONSIDERATION OF AUTHORIZING SOLICITATION OF BIDS FOR SALE OF STRUCTURES FROM LAWCON GRANT PROJECT; AND IN THE ALTERNATIVE TO SOLICIT BIDS FOR DEMOLITION OF SAID BUILDINGS, WITH BID OPENING DATE SEPTEMBER 20, 2 P.M. (REQUESTED BY MIKE CARLS) After discussion, authorization was given for the City Administrator to solicit bids for sale or demolition of structures in LAWCON grant (West River Park Phase IV) project. Motion was made by Alderman Carls, seconded by Alderman Mlinar, and carried unanimously. (k) CONSIDERATION OF APPOINTING BUILDING COMMITTEE FOR RECREATION FACILITY /SWIMMING POOL Mayor Stearns suggested names of some individuals who might be interested in serving on a building committee. He will contact them to request they serve, with names to be confirmed at meeting of September 11, 1984. (1) CONSIDERATION OF AUTHORIZING BUILDING COMMITTEE FOR RECREATION FACILITY /SWIMMING POOL TO INTERVIEW ARCHITECTS AND FORWARD RECOMMENDATION TO CITY COUNCIL Authorization was given to the building committee to interview architects and recommend to the City Council, on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. (m) CONSIDERATION OF REQUEST FOR A SIGN VARIANCE AS SUBMITTED BY S &L REHAB WITH RECOMMENDATIONS BY PLANNING COMMISSION The request was approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. (n) CONSIDERATION OF REQUEST FOR A VARIANCE SUBMITTED BY KEN STAPLETON WITH FAVORABLE RECOMMENDATION OF THE PLANNING COMMISSION. The request was approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. 0 • • COUNCIL MINUTES AUGUST 28, 1984 (o) CONSIDERATION OF PRELIMINARY AND FINAL PLAT TO BE KNOWN AS "SANTELMAN'S SECOND ADDITION" WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The plat was approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. (p) CONSIDERATION OF PLAT TO BE KNOWN AS TRCHARD PARK FIRST ADDITION" WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The plat was approved on a motion by Alderman Torgerson, seconded by Alderman Mikulecky and carried xnanimously�•,.•- (q) CONSIDERATION OF PLAT TO BE KNOWN AS "ROLLING OAKS FIFTH ADDITION" WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The plat was approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. (r) CONSIDERATION OF PRELIMINARY PLAT TO BE KNOWN AS "DAVID LEE ACRES" SUBMITTED BY JIM REID TO COUNTY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The plat was approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. (s) CONSIDERATION OF PRELIMINARY PLAT FOR PETERSON ESTATES SUBMITTED TO COUNTY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Engineer Priebe reviewed the status of the streets in the plat and his recommendation concerning through streets. After discussion, the plat was approved on a motion by Alderman Mikulecky, seconded by Alderman Torgerson and carried unanimously. (t) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY JAMES HEIKES TO COUNTY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The request was approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. (u) CONSIDERATION OF ACCEPTING REIMBURSEMENT FOR OUT OF TOWN TRAVEL BY POLICE CHIEF A reimbursement check for out of town travel expenses in the amount of $222.56 was received from the Police Chief. A motion was made by Alderman Mlinar to accept the reimbursement. Motion was seconded by Alderman Torgerson. After discussion, motion was made by Alderman Mlinar to call the question, seconded by Alderman Torgerson. The motion carried on a roll call vote of 4 -1, with Alderman Mikulecky voting No. The motion to accept the reimbursement then passed on a roll call vote of 4 -1, with Alderman Mikulecky voting No. Alderman Mikulecky stated he believed the amount to be inadequate. -7- COUNCIL MINUTES AUGUST 28, 1984 (v) CONSIDERATION OF REQUEST FOR EQUIPMENT PURCHASE FOR WASTEWATER PLANT. Motion was made by Alderman Mlinar, seconded by Alderman Mikulecky and carried unanimously to approve and waive reading and adopt Resolution No. 7841 authorizing purchase. (w) CONSIDERATION OF REQUEST FOR FUNDS TO COMPLETE INFORMATION SIGN AT FIREMAN'S PARK Park /Recreation Director Bruce Ericsbn-requested- that,an additional $500 be authorized to complete the project, for which the total cost will be about $1,000. Request was approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. (x) CONSIDERATION OF ADDING OR DELETING 1985 IMPROVEMENT PROJECTS BEFORE NOTICES ARE MAILED OUT This item was discussed along with 9 -d - Engineer's Report for 1985 Public Works Projects and certain projects were deleted in that item of business. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz precincts have different helpful to publish a map represents each precinct service. Motion was mad Alderman Carls, seconded discussed the fact that the City County commissioners. It would be showing voters which commissioner prior to the elections, as a public a to have such a map published, by by Alderman Mlinar and carried unanimously. (b) COMMUNICATIONS FROM ALDERMAN CARLS Alderman Carls noted reports of recent disturbances in the Public Square and the downtown area. After discussion, it was determined the police department will be able to deal with the situation. (c) COMMUNICATIONS FROM CITY ATTORNEY SCHAEFER The City Attorney reported that Attorney Roger Gilmer has contacted him concerning settlement of the Anderson -River Valley lawsuit. In answer to a question, Attorney Schaefer reported he would check w on whether the City may allow burning of leaves. 0 -8 • 0 0 COUNCIL MINUTES AUGUST 28, 1984 (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING PRIEBE Director of Engineering Priebe advised that the Council is invited to tour the new Lester Prairie wastewater treatment plant. There was agreement the Council would like to take such a tour after budget hearings are completed. He further reported study is being done on the Hutch Agri -Tech sewer hookup. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 12. (a) Verified Claims Motion was made by Alderman Torgerson, seconded by Alderman Mlinar and carried unanimously to approve claims and authorize payment from appropriate funds. There being no further business, the meeting adjourned at 11:45 p.m. rTn054i1 ON 06074094 anwaval Em,in, Dscemar, Ita6 •.. C•404 ••'' Paned m .h1 'inin ddTP AUGUST 1954 PLEASE MAIL ON OR BEFORE THE 4TH DAY OF THE MONTH as..114 ocer or cow. . s ca ,:V awr (O /NN nPreef erg Nnn In nave Pr a10/Nal REPORT OF BUILDING OR ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 0103500 41 9 9999 085 8 81 26 0 2730 HOPEI PITTMAN BLDG OFF CENSUS USE ONLY CITY HALL 37 WASHINGTON AVE BEST HUTCHINSON NH 55350 Has the gegraphic coverage of this penal; system changed during this period? ® No ❑ Yes - Eapldin in comments H ae permits were owed during this enter (K) In ben and netura Bureoa of five Contains ledge read Neinatructrthe before perked, fens - Cl MAIL THIS 1201 Eoa TanA Stroll completing form. For help, COPY TO Jefbraenvlllo Ind.O133 7244. call collect ;3011763 -7214. Of Section I - NEW RESIDENTIAL HOUSE- PBnATAt., OBNrD PUBLICLY OWED Nmabm Valued of Number Valuation Of K EEPING BUILDINGS AND lam MOBILE HOMES gee. (Orniasn�unlu) Bulet-ex xru's (Ornir .18)8) ildinp X016pa'g tat 161 �cl Id) (a) �� 1 I / One family houses. detached 101 7 7 479.139 One-family houses attached, each unit separated from adjoining unit(s) by a i wall that extends from ground w roof 102 1 2— •_ -• IOd°'k74•'m - •�•• • ••• -• ^• •' ' Two. family buildings 103 Three - and four - family buildings 104 1 4 122 053 Five -or -more family buildings 105 TOTAL (Sam of 101 -105) 109 9 13 1 702,965 Mobile homes 1121 ----- -- Section 11 - N EW RESIDENTIAL HON. PRIVATELY OMED PUBLICLY OWED Number VElwuanm xmroer vmwim of HOUSEKEEPING P 1141 Roam Ildin ts Rooms BUILDINGS construction (prr alma) construction (Onif rnm) (a) ton Id 101 le) III / ) Hotels, motels, and tourist cabins Intended for transient accommodations 213 Other nonhousekeeping shelter 214 Section III - NEW NONRESIDENTIAL PRIVATELY OWNED PUBLICLY OWED Number Valuation rd Number Violent. of BUILDINGS Ibm No. ildinp yys,ng oanawaim (Qnlrerrm) Bu(a) cram, onion eonitrualon (ONNI m) let Ibt c) Icl Idl le) 10 Ig Amusement and recreational buildings 318 Churches and other refi mus buildings 319 Industrial buildings 321) Parking garages (open to general ublic) 321 Service stations and repair larsZes 322 Hospitals and other institutional buildirgis 323 Office, bank, and professional buildings 324 1 565,000 Public works and utilities buildings 325 Schools and other educational buildings 326 Stores and other mercantile buildin s 327 EE 58 900 Other nonresidential buildings 325 1 450 1 1.300 Structures other than buildin s 3 2 47 000 1 743 Sf Ctlen IV - ADDITIONS AND I ALTERATIONS mc An increase in the number of housing .. units (in the housing units column, loard g aenter only the number of additional Ouse - E units) 433 1 12 50 9 w m r change in the number of - " ho Rousing units 434 35 88.033 _ A decrease in the number of housing m units (in the housing units column, enter only the number of decreased e units) 435 Residential garages and carports (attached and detached) 436 7 All other buildings and structures 437 4 3,434,371 1 918 320 Signs - 4 _, -...- 80 Permits wctlen V - CONVERSIONS PRIVATELY OWNED PUBLICLY OWNED Number Valpatlpn of Number valuatbn of Nem Building a Moulin( ne. .films. nWaln [MaNYCIIM ."64.0 lon units( f0i gala) an", r0icenla) gal fbl ICI Idl IO 111 Ill Nonresidential and nonhousekeeping buildings to housekeeping buildings 540 Housekeeping buildings to nonresidential and nonhousekeeping buildings 541 Seclien VI - DEMOLITIONS AND , RAZING OF BUILDINGS - One - family buildings attached and detached 645 2 2 - Two - family buildings 646 Three - and four - family buildings 647 Five -or -more family buildings 648 All other buildings and structures 649 Sadie. VII - ADDITIONAL INFORMATION FOR INDIVIDUAL PERMITS OF $500,000 OR MORE Please provide in the space below, additional in formation for each individual permit valued at $500.000 or more entered in sections i through V. It" fill hem Name and address or Oiminalip Valuation of Number of Notes, 'AM Description owner pr Wilder Mark /A'1 pm construction IDmlf eanrol Musing units of Wiltlinga 1 -V (6) Ibl Icl (it) (e) 01 (1) Kink of building - Hutchinson School Dist.B42 ""-""------------"----- El Private - -�` -- -- Addition to School -------------------- Site addma 30 No. Glen St. _____________ LxJPWbC 437e 1200 Roberts Road Hutchinson MN 55350 3 918,32 - 1 KiM Or Wilain¢ 3M FaciIities Engineering Addition to Indust. Kit- and Real Estate ____________ X[- ]Private Sih Wd�ess _____________ 900_Bush _Ave -------------- QPublic 437 Hwy. 22 So. St. Paul MN 55420 11,019,000 - I 1 KIM of building cbiusOnTscbnnlegy _Inc MPrivate Addi-tian Site address 40 W._H ghland_Park Drive__ 01'alic 437 40 W. Highland Park Dr. Hutchinson, MIN 55350 2,379,371 - 1 Kind of building _______________________ QPrivate ___ Site addinss _______________________ ❑Pull KIM of Wilding _______________________ QPrivate Site address _________ ______________ QPublic Kind! of Wilding ❑Private ____________________ Site address _________ QPublic KIM of building Q Private Sit. Mares Qpublic KIM of Wilding Q Private QPMIIL Kind of Wilding _____________________ __ QPrte iva 5: ____ ___________ ih adorns Q PYbIIC Comments Name or person to contact regarding this report Telephone Homer Pittman I Area code NumberExtension Title Building Official 612 587 -5151 210 0 40 • 0 , BURNS MANOR MUNICIPAL NURSING HOME LP Minutes - July 4 `;A1 19 8 4 The Board of Directors for Burns Manor Municipal Nursing Home met Thursday, July 26, 1984, at Burns Manor, 12:00 noon, President. Leslie Linder presiding. All members present. Guest speaker, Floyd Lehne from the auditing firm of Charles Bailly & Co. MINUTES: A motion was made by Mike Carls and seconded by Gloria Dansereau to accept the minutes as mailed. Motion carried. BILLS: A motion was made by Esther Kuehl-,and seconded,b'y - Gloria - - - Dansereau to pay the bills as presented, a copy of which is attached to the minutes on file and made a part thereof. Motion carried. Floyd Lehne, Auditor gave a report on the 1983 Audit, Rule 50 and the Rule 50 appeal. FINANCIAL REPORT: Financial report was given by David Jensen. OLD BUISINESS CPR Classes were held July 10 and 17, 1984. It is anticipated that the classes will be offered again in the fall. A motion was made by GLoria Dansereau and seconded by Larry Graf to increase maintenance staff hourly salary due to the satis- factory completion of classes that resulted in upgrading of their boiler licenses. Chief Engineer's License Grade C. .38C per hour increase 1st Class C. .31C per hour increase Special Engineer .23C per hour increase 2nd Class C .03C per hour increase (received a .20C per hour increase when he received his 2nd Class C. license.) NEW BUSINESS: Payment of the Utilities bill by the budget plan was discussed. The Department of Human Services formerly the Department of Public welfare, notified Burns Manor of the Rule 50 rate increase effective July 1, 1984. Skilled - $44.19 ICF - $39.39 A motion was made by Mike Carls and seconded by Esther Kuehl to approve the appeal of Rule 50 Long Term Care rate because of an // / Minutes Juiy 1984 Page 2 error by the Auditor in the cost report of the salaries. Employee health insurance was again discussed. Different options that are available to employee and employer were noted and discussed. Dwight Tange will be consulted concerning an employee survey to identify employees that are eligible and are interested in health insurance. This is necessary before the cost of the insurance can be determined. A motion by Mike Carls and seconded by Esther Kuehl to advertise in the Golden Galaxy and on KDQ2 radio. Motion carried. Eldred Miller reported thatr in- 14arch.: 1484,-.,Burns_ Manor -con 7 _ _ tracted with NCE, Paul Flatt, to install new equipment to replace the existing fire alarm system. Installation has not began. A motion was made by Eldred Miller and seconded by Larry Graf that we cancel the agreement with Paul Flatt and contact Electro Watchman to supply and install the equipment for the fire alarm system as stated in the letter of March 21, 1984 from Electro Watchman. FROM THE ADMINISTRATOR: August 21, 1984 at 7:00 p.m. a joint meeting of the Hospital and Burns Manor Boards will be held in the large conference room at the hospital. State Fire Inspector, David Keeper, and the City of Hutchinson Fire Marshall, George Field, inspected Burns Manor, July 19-, 1984. No code violations were noted. Quality Assurance & Review Section of Minnesota Department of Health will review Burns Manor patients in August. There being no further business, a motion was made by Eldred Miller and seconded by Larry Graf to adjourn the meeting. Motion carried. The Burns Manor Board of Directors will meet Thursday Aug. 23, 1984 as 12:00 noon, in the Annex sun porch at Burns Manor Municipal Nursing Home. ATTEST Leslie B. Linder, President Res tfully` sub itt Mal s J. Gei, ecretary 9 0 MINUTES Tree Board July 18, 1984 Members Present: Ivan Larson, Roy Johnsen, Jerry Brown, Pat Mikuleckv, Don Schumacher and Mark Schnobrich. Members Adsent: None DED Update 231 trees have been tagged for Dutch Elm Disease as of July 17, 1984. The entire total for 1983 was 166 trees. This year has seen an increase in DED outbreaks. Storm Damage The__storm of July 9, 1984 caused considerable damage in the Shady Ridge and Miller's woods area. Six basswbod'were lost in Shady Ridge Park along with numberous basswood on adjacent private property. Clean up took a little over one week. Fungicide Injection near City Hall and Wendorff Boulevard Elms Schnobrich discussed the injection of boulevard elms for Dutch elm disease. His proposal was a cost share with abutting property owners. Ivan Larson suggested the cost share be 50/50 with City, property owner. They requested Schnobrich submit a proposal to the Council to request funds for injection, and also funds for Root Graft barrier installation. Introduction of New Board Member Don Schumacher was appointed by the City Coucnil to replace Mrs. Axel Jensen as a three year board member. Mrs. Jensen was on the board since April, 1980 and has served 4 years as a board member. She was one the origianl Tree Board members and was representing the Hutchinson Garden Club while in term. Other Business Schnobrich reported that the Minnesota Department of Transportation was pro- posing an expansion of Hwy. 15 south, near the Legion Park turn, which would cause the removal of 23 Hackberry. This expansion was felt unnecessary by the board, after reviewing a letter sent by DOT representative, Andy Krause, Forester Landscape Unit. The estimated value ofthe Hackberrys is $37,060.80. The board requested Schnobrich to send a recommendation to the City Council requesting that the Council send a resolution of disapproval for the project. Pat Mikulecky suggested use of the video recorder to supply visuals for the council to see. Adjournment The meeting was adjourned at 6:15 p.m. Respectfully submitted, Mark C. Schnobrich 0 RESOLUTION NO. 7845 RESOLUTION AUTHORIZING RELEASE OF SECURITIES TO FIRST BANK MINNEAPOLIS WHEREAS, First Bank Minneapolis, a duly designated depository of the City, has requested the release of the following securities: RECEIPT NO. DESCRIPTION MATURITY AMOUNT 1362 -01050 Coleman, WI Jt: "School 04 -01 -91 $150,000.00 Dist. Bldg. Bd. 1362 -01240 City of Taunton, Mass. 10 -01 -92 150,000.00 Sewer Bd. 1357 -00270 Broward Cnty., F1. Ser. A 09 -01 -94 430,000.00 Wtr. Swr. Util. Rev. Bd. $730,000.00 which have heretofore been pledged as collateral security for the account of the City with such depository. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City Treasurer is hereby authorized to release and return to said depository the securities requested by the First Bank Minneapolis. Adopted by the City Council this 11th day of September, 1984. ATTEST: ary D. Plotz City Clerk Robert H. Stearns Mayor /�-' (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: August 30th, 1984 TO: Mayor and City Council FROM: George F. Field, Fire Marshal RE: Fire Prevention Week - October 7_13; 1984 - "Poster Contest - Request for approval to use old fire helmets, that don't meet O.S.H.A. Standards, as 1st Place Prize for each of 7 schools in our fire area. We have approximately 40 helmets that could be given away in this manner over the next several years. This item was discussed at a previous Directors Meeting. Other prizes in the past years, have been cash awards. This year, in addition to the helmets, the auxiliary may give centennial t- shirts, George Field Fire Marshal GFF /pv Cn -a, (612)5515) CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: August 31st, 1984 TO: Mayor and City Council FROM: Director of Engineering RE: First Midwest Engineers , Conferennce._ -_- .__— .______ In the 1984 Budget, I included my request to attend the National APWA Conference in Philadelphia. I have cancelled my plans to attend same. I request permission to attend the First Midwest Engineers Conference in Minneapolis, October 24th to 26th. The registration fee is $85.00. "'X&X Marlow V. Priebe Director of Engineering MVP /pv cc: Ken Merrill r 587 -5151 FCITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: August 30th, 1984 TO: Mayor and City Council FROM: Hutchinson Fire Department Centennial Committee Co- Chairmen - Larry Thompson and George F. Field RE: Fire Department Centennial Celebration September 29 -30, 1984 The following items have been discussed with Chief of Police, Dean O'Borsky and the Committee Co- Chairmen were given his support and approval. 1. Request to close 3rd Ave. S.E. one block from Jefferson St. to Adams St. for the afternoon and evening of the 29th. 2. Request to sell 3.2 beer Saturday evening and Sunday afternoon. Saturday at the Fire Station and Sunday at the Civic Arena. A $50 rider is necessary for Insurance Liability. This request includes the permit, if necessary? 3. Request approval for a dance in the east parking lot from 7 to 10, Saturday, September 29th, and permit if necessary? The Committee members will be talking to the neighbors so they will be aware of the activity. 4. Request to have a Parade on Sunday, September 30th, starting from the High School parking lot to the Civic Arena. Time 1:00 P.M., using Roberts Road to 2nd Ave. S.W, to Lynn Road.to Linden Avenue to Civic Arena, This item, as well as item N1, were discussed with Ralph Neumann and okayed by him, barricades, etc... S. Request to use the Civic Arena Saturday night, to store in a secure place, any trucks that may come in early for the parade, Also, for a possible display area after the parade or in the event of rain. MEMO August 30th, 1984 Fire Department Centennial Celebration Page 2 This request would also include waiving the rental fee for the Civic Arena. Mary Haugen has been contacted and there have been no other requests for that weekend. Our thanks for your consideration. HUPCHI SON FIRE DEPARTMENT George R —Field Centennial Co- Chairman Lar Thompson Centennial Co- Chairman cc: Dean O'Borsky, Chief of Police Ralph Neumann, Director of Maint. Services Mary Haugen, Civic Arena Coordinator Is 0 PUBLICATION N0. 19/84 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 710 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "ONE -WAY TRAFFIC" THE CITY COUNCIL OF HUTCHINSON, MINNESOTA DOES ORDAIN: SECTION 1. Section 710:00 Subd. 2 of the 1974 Ordinance Code of the City of Hutchinson, entitled "One -Way Traffic" is hereby amended as follows: Subd. 2. Grove Street between 2nd Avenue Southwest and Washington Avenue Southwest is hereby designated a. one -way street Northbound. Said street shall be restricted to bus traffic only between the hours of 3 P.m. and 3:30 p.m. on all school days. SECTTION 2. This ordinance shall take effect and be enforced from and after its passage and publication. Adopted by the City Council of Hutchinson this day of f 1984. Robert H. Stearns, Mayor ATTEST: Gary D. Plotz, City Clerk 7_11 • RESOLUTION NO. 7847 • CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Oil & Grease 1104.66 Vehicle Use Street Yes Schmeling Oil Cutting Edges & Blades 1532.06 Snow Removal Street Yes Ziegler Inc. Survey of Section Break- 1232.00 Section Breakdown PIng. Yes Thorp, Pellinen, down Olson, Inc. The following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR Date Approved: Motion made by: Seconded by: tember 11, 1984 Resolution submitted for Council action by: 7 �✓ i (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 TO: Mayor & City Council FROM: Bruce Ericson, Parks & Recreation Director DATE: September 6, 1984 SUBJECT: Resolution of Appreciation for Rollie Jensen A recommendation was made by the Parks & Recreation _board at their September 5th - -meeting'that'a: Re solution of - Appreciation be awarded to Rollie Jensen for his service on the Parks & Recreation Board. klm —L, to , '010 tion QfAr►prp TO 3UD£i{£A8, £alland Jensen has served the Titg well as a member of the 'Zrarke and ife=reutian ward for the past four (4) gears: iDH£R£A5 , Reiland 3ensen hue mewed faithfullg and diligentlg giving of his time and talents toward the enrichment of the Titg, NOM T££3{£3'd$£, BE 3T $£$Otll£D vu ZEE nav TU1iINut MY ZEE ugu dY HUCITUNSON, M3NNESOTA: ZRAC,, deep appreciation is herebg expressed to Enlland Jensen for his afore- mentioned services and the gratitude of Rutrhinson and the citizens thereof is herebg expressed. Adopted hg the Titg Taunril this 11t4 tag of $Pptemher, 1384. 0 POLICE DEPARTMENT MEMORANDUM TO Mayor and Council FROM Dean M. o'Borsky DATE 8-1-84 SUBJECT Set up license - The CRCC has applied for a set -up license which would allow patrons to consume liquor which the consumer brings onto the premises. This, of course, will allow -- persons to consume alcohol on Sunday. , - niere� seems to be -sane question as-to the legality of this request. The City Attorney has researched this question and I am advised that he finds such a request within the state statutes. Further, Hutchinson City Ordinance #800 provides for such a license by adoption of the State law. The State of Minnesota issues the license. All that is required is council approval. From the police point of view, I can see no reason to not approve such a request. Because of the nature of the CFCC's Sunday brunch business and the fact that we have had no problems in the past, I recommend end approval. DMO /nr Y— a ' 9007.04 MINNESOTA DEPARTMENT OF PUBLIC SAFETY LIQUOR CONTROL DIVISION 333 SIBLEY a ST. PAUL, MN 55101 APPLICATION FOR PERMIT TO ALLOW ONLY CONSUMPTION AND DISPLAY OF INTOXICATING LIQUOR 'HONE 612- 296 -6159 PERMIT FEE $151.50 .ppllcant Name (Business, Partnership, Corporation) DBA or Trade Name CROW RIVER COUNTRY CLUB -- _- - Treet Address Business Address ROUTE 3 - -- - -- P.O. BOX 9 fly County State Zip Code Business Phone HUTCHINSON MCLEOD MN 1 55350 (612) 587 -3070 - -- ERMIT TYPE - Type of Business (Restaurant, Dance Hall, etc.) ®Private Club ❑Public Business GOLF COURSE -- - - - -- - lame of Business or Club Manager - ddress of Manager A BRIAN RECKOW -_ ROUTE 4, HUTCHINSON, MN 55350 :ame of Building Owner - of Owner ]Address CORPORATION - -- - -- - --- - -ON- _. RE-THE OR BUSINESS PREMISES SEPARATE FROM ANY HAS OR WILL ANON- INTOXICATING MALT LIQUOR LICENSE BEEN ISSUED ;THER BUSINESS ESTABLISHMENT? TO THIS BUSINESS FOR THIS LOCATION? Mm El Yes ❑NO My., ❑No 3 APPLICATION IF TRANSFER, FORMER LICENSES NAME AND BUSINESS TRADE NAME •RIGINAL D RENEWAL ❑ TRANSFER ❑ FORA • PRIVATE CLUB If a Partnership, State the Name and Address of Each Partner; If a Corporation, State the Name and Address of Each Officer. usiness Partner /Officer - - Address WILLIAM MCGOWAN, PRESIDENT 210 MAPLE STREET, LESTER PRAIRE, MN 55354 :usiness Partner /Officer Address DONALD HANTGE, VICE PRESIDENT 1 928 - 2ND AVENUE S.W., HUTCHINSON,_ MN 55350 ar - - - - :u5ihess Partner /Officer Address TIM KRASEN, SECRETARY - TREASURER 1200 OAKWOOD LANE, HUTCHINSON, MN 55350 FOR PRIVATE CLUB rate Club Organized Number of Members Amount of Dues Membership Requirements 9 P 1942 450 $80 to $600 BOARD APPROVAL -ength of Time Club -- _ - - -- _I Is Club Building Does Club Maintain Lockers :t Present Location: 1942 Owned or Rented? OWNED For Members To Store Liquor? ® Yes ❑ No I - -- :tub Officer /rector -Name (Adtlress PLEASE SEE ABOVE - TYPED IN WRONG AREA -tub Officer /Director Name -- - - - ( Address IuD Officer /Director Name Address Has applicant; if partnership, any partner; if corporation, any officer or director; if club, any club officer or director, ever ad a license under the Minnesota Liquor Control Act revoked or suspended or been convicted for any violation of State Laws or local ordinances; if so, give date and details No - -- hereby certify that the answers are true of my own knowledge and understand that the giving of false information or the failure to give pertinent information onstitutes cause for revocation of this permit. ANY PERMIT ISSUED HEREUNDER DOES NOT ALLOW THE SALE OF INTOXICATING LIQUOR. NO CONSIDERATION WILL BE GIVEN TO THIS APPLICATION aA UNLESS APPROVED AS PROVIDED BELOW: Z 71. IF THE BUSINESS IS LOCATED IN A COUNTY: Signature- Authorized Applicant to IF A CLUB ATTACH A COPY OF THE CONSTITUTION AND BYLAWS OF THE CLUB AND A CURRENT LIST OF - ,pproved — Chairperson County Board or Representative Date MEMBERS. !F THE BUSINESS IS LOCATED IN A MUNICIPALITY CASH .- .pproved — Council President or Representative Date CHECK ✓ - -90 A0 ors - =r 587 -5151 F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: August 22, 1984 T0: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Preliminary Plat for David Lee Aerea es• submitted to-th'L9 " County by Jim Reid -- - -- - -- - At the regular meeting of the Planning Commission on Tuesday, August 21, 1984, the aforementioned plat was reviewed. It is the recommendation of the Planning Commission that the preliminary plat be approved with the stipulation that the property use remain agriculutural or residential and that the State of Minnesota Department of Transportation would approve an access to Lot 2 of the plat, as well as approve the plat. 1 �1 1 T\ l I ; I The eastnly 895 83 fen of Lot 21 of the South Half of Section 30 and the North Half of Section 31. Totrnship 117 North, Range 29 West. Eecept the southerly 680.54'thereof and eecept the northerly 5.00 feel thereof. OWNER, JIM REID Total area • 6.0 acres Lot 1 e 4 acres Lot 2 • 1 3/4 acres Present zone -Agricultural Preliminary Sketch of proposed plot IQ r North h" of Lot 21 I m N 896.12 -: 550 BLOCK LOT 1 °0yo.cu-- North line of south 680.54 feel of Lot 21 z � o • v • a e I. o 313 33 NE _ c N ^ LOT 2 ; N � 296 e SO I ii 4 M E M O R A N D U M DATE: _ September 11, 1984 TO: Mayor and City Council -------------------------------- FROM: Gary D. Plotz, City Administrator --- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — SUBJECT: —Income Limits — - ------- — — — — — — — — — — — — — — — — — — - - — — — After reviewing the several alternatives, I would recommend the limit be raised as follows: INCOME LIMIT FOR REFUSE PROGRAM AND DEFERRED ASSESSMENT PROGRAM Attachment /ms ELDERLY ELDERLY ELDERLY DEFERRED REFUSE FAMILY SIZE ASSESSMENT PROGRAM 1 $7,000 $7,000 2 8,500 8,500 Attachment /ms S U R V E Y O N I N C O M E L I M I T S - - - -- -- - - -- — - - - - -- FAMILY SIZE 1 2 3 JOB SERVICE MEED PROGRAM & OTHERS $4,860 6,540 8,220 A 1 1 I n c o m e FUEL ASSISTANCE - PROPOSED $7,493 9,798 12,105 HUD LOWER INCOME 80% MED. INCOME COUNTY $14,550 16,650 18,700 A 1 1 I n c o m e Community Action Agency HUD LOW INCOME 50% MED. INCOME COUNTY $ 9,100 10,400 11,700 MEDICAL ASSISTANCE $4,128 + 25% S.S. Etc. 5,172 + 25% S.S. Etc. 6,288 + 25% S.S. Etc. WEATHERIZATION - 125% POVERTY $6,225 8,400 10,575 CITY DEFERRED FAMILY REFUSE ASSESS. SIZE LIMIT LIMIT 1 $5,000 $5,000 2 -- 7,000 3 -- -- FAMILY SIZE 1 2 3 JOB SERVICE MEED PROGRAM & OTHERS $4,860 6,540 8,220 A 1 1 I n c o m e FUEL ASSISTANCE - PROPOSED $7,493 9,798 12,105 HUD LOWER INCOME 80% MED. INCOME COUNTY $14,550 16,650 18,700 A 1 1 I n c o m e Community Action Agency HUD LOW INCOME 50% MED. INCOME COUNTY $ 9,100 10,400 11,700 MEDICAL ASSISTANCE $4,128 + 25% S.S. Etc. 5,172 + 25% S.S. Etc. 6,288 + 25% S.S. Etc. WEATHERIZATION - 125% POVERTY $6,225 8,400 10,575 L RESOLUTION NO. 7854 0 RESOLUTION ESTABLISHING INCOME GUIDELINES AND ASSET LIMITATIONS FOR SENIOR CITIZENS DEFERRED ASSESSMENTS WHEREAS, the Minnesota Statutes provide tax deferral for senior citizens, 65 years of age and older, for whom it would be a hardship to make payments, and WHEREAS, the home owner can make application for deferred payment of special assessments on forms which can be obtained from the City Clerk's office. NOW THEREFORE, the City Council has established the following income guide- lines and asset limitations for applications of deferred assessments: 1. Deferred assessments be granted to person(s) with a low income of $7,000.00 per year for one person and $8,500.00 per year for a married couple; and 2. Deferred assessments be granted to person(s) with an asset limita- tion of not to exceed $25,000.00, excluding the homestead. Adopted by the City Council this 11th day of September, 1984. Robert H. Stearns Mayor ATTEST: L(y e, Gary D.1,Plotz City Administrator i p IIIpP W McLEOD COUNTY Zoning Administrator 830 11th Street East - Court House GLENCOE, MINNESOTA 55336 Phone 864 -5551 Ext. 259 EDWIN E. HOMAN Adminislralof September 7, 1984 Mr. Jim Reid Reid Realty 106 Second Avenue Southwest Hutchinson, MN 55350 RE: Platting Application No. 2 -84 Dear Mr. Reid: The County Board of Commissioners has authorized me to inform you that your Preliminary Plat of "David Lee Acres" has been approved subject to the Minnesota Department of Transportation granting a permit to widen the access driveway to Highway 15 for ingress and egress to Lot 2 of the plat. The Board also stipulated that the permit must be securred before final plat consideration. Prior to final plat approval, you must file with this office an Attorney's Title Opinion. You are reminded that you have six (6) months from September 4, 1984, to file the final plat with this office. Failure to file the final plat within the six (6) month time limit shall void the preliminary plat unless an extension is requested in writing and granted by the County Board. If you have any questions concerning this matter, please feel free to contact me. Sincerely, Edwin E. Homan McLeod County Zoning Administrator EEH /san cc: Hutchinson Town Board City of Hutchinson Sharstrom Plumbing c/o Norman Sharstrom 465 College Hutchinson, MN 55350 Dear Mr. Sharstrom: III . -- C _: i N I 1 Zoning Administrator 630 11th Slre =_t East - Court House GLENCOE, MINNESOTA 55336 Phone 664 -5551 Ext. 259 EDWIN E. HOMAN Atlmmist,ato, August 31, 1984 • iropose-d to f 2. bdV.-d ),e e- Aeteitoldi- Please be advised that violations of the McLeod County Zoning Ordinance` and Subdivision Ordinance have allegedly occurred as a result of the building construction currently being conducted by your firm on the James Reid property described as: The easterly 895.83' of Lot 21 of the Auditors Plat of the S12 of Section 30 and the N% of Section 31, Township 117 North, Range 29 West. Except the southerly 680.54' thereof and except the northerly 5.00' thereof. An inspection of the building and property involved was conducted by myself on August 28, 1984. Although a land use permit was issued by the Hutchinson Township Zoning Administrator, Raymond Sr,utka, be advised that the proposed building use is not in conformity with the provisions of Section 8 of the McLeod County Zoning Ordinance. Therefore, the use of the building shall be limited to the permitted uses allowed in the Agricultural District until the property is rezoned. In view of the recommendations received by the City of Hutchinson, also be advised that prior to accepting a rezoning request, the final plat must be recorded. Unless the final plat is properly signed and executed, the subdivision shall not be entitled to be recorded or have any validity. If you have any questions regarding this matter, please call me. Sincerely, Edwin E. Homan McLeod County Zoning Administrator EEH /san Certified cc: James Reid, Subdivider Raymond Smutka, Hutchinson Township Zoning Administrator David Ondracek, Chairman of Hutchinson Town Board Marlow Priebe, Director of Engineering for City of Hutchinson Howard Christensen, County Commissioner Pete Kasal, McLeod County Attorney 9--4-7-8 (612) 587 -5151 CITY of 11YUMVINSOP11 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 August 29th, 1984 Mr. Edwin Homan McLeod County Zoning Administrator McLeod County Courthouse Glencoe, MN 55336 RE: Preliminary Plat of David Lee Acres Dear Mr. Homan: The above - referenced past was approved by the: Planning Commission on August 21st, 1984 City Council on August 28th, 1984, subject to the following stipulations: 1. The use of the property remain agricultural or residential. 2. The State of Minnesota Department of Transportation approve the plat. 3. The State of Minnesota Department of Transportation approve an access (driveway entrance) to Highway 15 for ingress and egress to Lot 2 of the plat. Documentation of Items 2 and 3 above, requested for City records. MVP /pv cc: Marilyn Kaye Respectfully, CITY OF HUTCHINSON Marlow V. Priebe Director of Engineering r (612) 587 -5151 ITY OF HUTCHINSON 37 WASHING TON AVENUE WEST HUTCHINSON, MINN. 55350 April 20th, 1984 Mr. Ed Homan County Zoning Administrator Courthouse Glencoe, MN 55336 RE: James Reid Preliminary Sketch Plan - -- - - -•- Dear Mr. Homan: The revised preliminary sketch plan submitted to the City on April 3rd, consisting of two (2) lots in Lot 21 of Auditor's Plat of S 1/2 of Section 30 and N 1/2 of Section 319 Township Ili, Range 29, was approved by the Hutchinson Planning Commission on April 3rd and the City Council on April 10th. The approval was contingent upon the following: 1. Approval by the Hutchinson Town Board. 2. Approval by the McLeod County Planning Commission 6 County Board. 3. Approval by the Minnesota Department of Transportation. 4. The land remain zoned for agricultural and /or residential use only. Sincerely, CITY OF HUTCHINSON Marlow V. Priebe Director of Engineering MVP /pv cc: V4rilyn Swanson (612) 879 -2311 CITY OF HUTCHINSON s %r 37 WASHINGTON AVENUE WEST r HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: April 5, 1984 TO: — City — Council — — — — — — — — — — — — — — — FROM: = Planning Commission _ _ SUBJECT: — Sketch Plan submitted to the_County by Jim Reid (within 2 mi At the regular meeting of the Planning Commission on Tuesday, April 3, 1984, the Planning Commission held a public hearing on the sketch plan proposed by Jim Reid for property located within the two mile radius of the City (Hwy 15 North). radius) It is the recommendation of the Planning Commission that the Sketch plan be approved, contingent upon it remaining residential or agricultural and approval by the State Highway Department and the County. 1985 ASSESSMENT AGREEMENT • EEN LOCAL UNIT AND COUNTY THIS AGREEMENT is made and entered into by and between the CITY of HUTCHINSON and the County of MCLEOD State of Minnesota, this 15th day of AUGUST 19 84 . WHEREAS, the CITY of HUTCHINSON wishes to abolish the office of assessor for said CITY under the provisions of Minnesota Statutes, Section 273.072, and enter into an agreement with the County of MCLEOD to provide for the assessment of the property in said CITY by the county assessor: and WHEREAS, it is the wish of said county to cooperate with said CITY to provide for a fair and equitable assessment of property; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL CONVENANTS HEREIN CONTAINED, IT IS AGREED AS FOLLOWS: 1. That the CITY of HUTCHINSON which lies-within-the County of — MCLEOD and constitutes a separate assessment-district, shall have its property assessed by the county assessor of MCLEOD County, beginning with the assessment of the year 19 85 , providing this agreement is approved by the Commissioner of Revenue of the State of Minnesota. 2. It is further agreed that the office of local assessor of the CITY of HUTCHINSON is hereby abolished, pursuant to this agreement and the approval of the Commissioner of Revenue, and that such office shall cease to exist for the duration of this agreement, which shall be until DECEMBER 31 19 85 . 3. In consideration for said assessment services, the CITY of HUTCHINSON hereby agrees to pay the County of MCLEOD the annual sum of $ 19,671.60 such payment to be made to the county treasurer on or before NOVEMBER 20, 1985 Based on 3,783 parcels @ $5.20 per parcel = $19,671.60 day of IN WITNESS WHEREOF, the parties have executed this agreement this 19 In Presence Of: In Presence Of: For City, Village or Township Signed: By Attest For County: Signed: By Attest The above agreement is hereby approved by the Commissioner of Revenut this _ day of 19 Arthur C. Roemer, Commissioner of Revenue _cL, 0 /(612) 587 -5151 /TY OF HUTCHINSON 37 WASHING TON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: August 31st, 1984 TO: Mayor and City Council FROM: Director of Engineering RE: 1985 Improvements - -•- ----- _ -..._ It is my opinion that the City should proceed with total street improvement between Main Street on the west, Jefferson Street on the east, Sixth Avenue on the north and Oakland Avenue on the south, for the following reasons: 1. Overall cost would be less. 2. Temporary construction at intersections would be eliminated. 3. Improve the whole area by completing same. 4. Would follow the City's programming thoughts on completing areas rather than having scattered improvements, This would require adding the following projects: Assessable City Sixth Ave. from Hassan to Jefferson $ 6,600 17,900 Hassan St. from Sixth Ave. to Oakland $ 35,500 $21,000 Ivy Lane from Seventh Ave. to Oakland $ 16,500 $17,500 $ 58,600 $56,400 The projects to be considered in new subdivisions are as follows: Clouse Addition - Curb and Gutter ---------------------------- $ 6,500 Clark's 2nd Add. - Sanitary Sewer, Watermain & Storm Sewer, Grading, Gravel Base $ Lift Station ------- $ 67,500 Helland's 5th Add. - Sanitary Sewer, Watermain, Storm Sewer, Curb and Gutter, Grade & Gravel --------- $ 24,000 Waller's Add. - Sanitary Sewer, Storm Sewer, Grade $ Gravel, Sub-base ------------------------------------- $ 34,000 1_00 , Mayor and City Council 1985 Improvements August 31st, 1984 Page 2 Fourth Add. to Lakewood Terrace - Grade, Gravel, Sub -base, Sanitary Sewer, Watermain, F, Storm Sewer--------- - - - - -$ 54,000 Orchard Park Add. - Sanitary Sewer, Watermain, Storm Sewer & Gravel Sub - base--------------------- - - - - -$ 44,000 Total------------------------ -------- --- ---- ---------- - - -- -- -$230,000 Assessable Cost - $230,000 City Cost - $ -0- -- Previous Approved Projects = $ 809,000 Additional Requested = $ 115,000 New Subdivisions = $ 230,000 Overlay Construction = $ 145,000 1985 Total = $1,299,000 MVP /pv cc: Ralph Cal Ken r / Marlow V. Priebe Director of Engineering 0 • APPLICATION FOR J#ERRED SPECIAL ASSESSMENT BY WONS 65 YEARS OF ACE OR OLDER FOR WHOM IT WOULD BE A HARDSHIP TO MAKE PAYMENTS To the Mayor and Council, City of Hutchinson, State of Minnesota. I, fol estate situated in am owner- occupant of the. ty of Hutchinson. LEGAL OR TAXABLE DESCRIPTION: LCDT ALk , I3 0A),,V1IV LLS I am 65 years or older and do own and occupy above described real estate as my homestead. ___ A special assessment in the amount of $ J, �2 , 3 baa.been made ' T commencing in the year � _ with interest at the. rate of % for of Special Assessmen Such special assessment amount causes a hardship for me to make payment thereof. The following information will help substantiate my claim for deferral of special assessments: Annual income from all sources Cash assets $ (0S_ 3q0 02 $ Other assets $ Estimate Value of Residence $ Tj , `/ 40 C� Other Real or Personal Property $ I hereby request that above assessment of $ CrL s be deferred as provided in Chapter 206, Lava 19749 68th Legislature, Second Regular Session, H.S. 444.22 Through 444.24. I hereby declare that the foregoing statements are true and I /we make app- lication for deferral of special assessments as outlined herein. APPLICATI0:1 AND AUTHORI7.ATION FOR DELAYED PAY.NENT OF TAX ON SPECIAL ASSESSIElTS FOR SENIOR CITIZENS' HONESTEAD LA14S 1974, CHAPTER 206 STATE OF MINJINESOTA ) County of _ 'Iric Date lgp 70: f�?_ Assessor ofoS�c o-�� County, Minnesota I. the undersigned, declare under penalties of perjury: That I reside at That I am not less than 65 years of age and that the date of r:.y birth is Lr ^,w /� 1`fa 1 That I am the owner of the property legally described as: l __ That my interest in the ownership of the above property was acquired on ,D € C and is as-follows: 1. Sole ownership (Enter yes, if applicable) 2. Joint tenancy, held with & Other undivided interest (Specify) That on January 2, 19_ or June 1, 19_ I oS•:ned and occupied the above property as my homestead and such occupancy began on 12 F_ C_I Z i9_1_�e That the taxes for improvements on the special assessments duly adopted in ordinance by the of as of 19 which-have been allocated zgainst the subject property r:ovld.create undue personal hardship on my behalf and I respectfully request that payment be delayed and- -that such taxes be so deferred for-the years 19 to 19_ Signedy'� /�'✓I� Owner I, Clerk of the of in County, State of Minnesota, do hereby certify that the applicat�oi of above named, has been duly reviewed and that in accord• ante with the minutes of official record in said chambers was duly Q APPROVED or Q DENIED as of 19_ That in accordance with approval granted, that the taxes on the affiants subject property evied for annual collection in the amount"of $ for the year(s) -hould be so deferred with interest at the annua rT ate of until such timp as it is seemed the applicant no longer qualifies or the property loses its eligibility. rated 19 (Glerlc or 612) 587.5151 yurcH'; CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: September 6th, 1984 TO: Mayor and City Council FROM: Building Official RE: Assistant Building ✓; Fire - Inspector- "r Request permission to advertise for an Assistant Building and Fire Inspector. These are both part time, but would be a full time position. This was budgeted last year. Homer Pittman Building Official HP /pv cc: George c_f K(677) 587 -5151 ITY OF HUTCHINSON 3/ WASHING TON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: September Sth, 1984 TO: Mayor and City Council FROM: Director of Engineering RE: Rolling Oaks Fifth Addition Attached is the Subdivision Agreement for the above - referenced plat for review and approval. Marlow V. Priebe Director of Engineering MVP /pv attachment 9 -C�;_, SUBDIVISION AGREEMENT ROLLING OARS FIFTH ADDITION CITY OF HUTCHINSON, MINNESOTA This agreement, made and entered into the day and year set forth hereinafter, by and between John E. Miller and Sedona E. Miller, his wife, hereinafter called the "Subdivider ", and the City of Hutchinson, a Municipal Corporation in the County McLeod, State of Minnesota, hereinafter called the "City "; WITNESSETH: WHEREAS, the Subdivider is the owner and developer of a certain subdivision known as Rolling Oaks Fifth Addition, which is located in the City of Hutchinson, and; WHEREAS, Ordinance No. 464 and 46'6"YYequires -Subdividers -to- make-4ertaln improvements: NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. Sanitary sewer, storm sewer, watermain, gravel street base and curb and gutter is installed on School Road and Rolling Oaks Lane. 2. The improvements, (prior to November 15, 1984), assessment rolls and present balance due for same, all charged to the land in Rolling Oaks Fifth Addition, are as follows: 3. It is understood and agreed that the above costs are to be divided equally to Lots 1 thru 5 in the plat. 4. If the plat is recorded prior to November 15, 1984, the City will be able to divide the present costs and will certify for 1985 as follows: 1985 Principal Roll Prior to Certification Improvement November 15, 1984 Improvement Roll No. Present Principal Balance 75 $ 132.91 Storm Sewer 75 $ 664.53 Sanitary Sewer - Watermain 80 $ 6,530.57 . Storm Sewer 81 $ 3,000.00. Grade and Gravel 84 $ 385.16. Curb and Gutter 113 $ 19863.40. Curb and Gutter 114 $ 3,799.28. 3. It is understood and agreed that the above costs are to be divided equally to Lots 1 thru 5 in the plat. 4. If the plat is recorded prior to November 15, 1984, the City will be able to divide the present costs and will certify for 1985 as follows: 1985 Principal Roll Present Principal Certification Improvement No. Balance Per Lot Per Lot Storm Sewer 75 $ 132.91 $ 26.58 Sanitary Sewer - Watermain 80 $ 1,306.11 $ 261.22 Storm Sewer 81 $ 600.00 $ 100.00 Grade and Gravel 84 $ 77.03 $ 12.84 0 0 SUBDIVISION AGREEMENT ROLLING OARS FIFTH ADDITION CITY OF HUTCHINSON, MINNESOTA PAGE 2 Curb and Gutter 113 $ 372.68 $ 53.24 Curb and Gutter 114 $ 759.86 $ 108.55 The 1985 certification per lot does not include interest. 5. If the plat is recorded after November 15, 1984, the balance per roll per lot and future certifications per lot will be as follows: The 1985 certification for the area in Rolling Oaks Fifth Addition will be $2,594.48 plus interest and will be payable at the County. The future certifications per lot shown above, do not include interest. 6. The Subdivider hereby petitions the City to install bituminous base and wearing surface on Rolling Oaks Lane and School Road and to assess the total cost assessable to Rolling Oaks Fifth Addition on a per lot basis to Lots 1 thru 5 in the plat. Said improvement to be constructed in 1985. 7. It is understood and agreed that all improvements are petitioned for by the Subdivider and are to be installed by the City, only. The Subdivider hereby waives all rights for a public hearing and appeal for the cost of said improvements. 8. It is understood and agreed that the Subdivider will install sewer and water service leads to Lots 19 2 and 4 during the 1984 construction season. Service leads or lines for service are inplace for Lots 3 and 5. 9. It is understood and agreed that the Parks and Playground Contribution has been met by a previous land donation for the land being platted. 10. It is understood and agreed that to fulfill City Policy, two trees will be provided in the margin (boulevard) of each lot. The Subdivider or property owner shall purchase from the City and pay one half the cost of said trees and the City's portion of the payment for the trees shall not exceed $10.00 per tree. Principal Balance Future Principal Roll Per Lot After Certification Improvement No. Nov. 1983 Per Lot Storm Sewer 75 $ 106.33 $ 26.58 Sanitary Sewer - Watermain 80 $ - 1;044_.89 -- $ - 261.22 - Storm Sewer 81 $ 500.00 $ 100.00 - -" Grade and Gravel 84 $ 64.19 $ 12.84 Curb and Gutter 113 $ 319.44 $ 53.24 Curb and Gutter 114 $ 651.31 $ 108.55 The 1985 certification for the area in Rolling Oaks Fifth Addition will be $2,594.48 plus interest and will be payable at the County. The future certifications per lot shown above, do not include interest. 6. The Subdivider hereby petitions the City to install bituminous base and wearing surface on Rolling Oaks Lane and School Road and to assess the total cost assessable to Rolling Oaks Fifth Addition on a per lot basis to Lots 1 thru 5 in the plat. Said improvement to be constructed in 1985. 7. It is understood and agreed that all improvements are petitioned for by the Subdivider and are to be installed by the City, only. The Subdivider hereby waives all rights for a public hearing and appeal for the cost of said improvements. 8. It is understood and agreed that the Subdivider will install sewer and water service leads to Lots 19 2 and 4 during the 1984 construction season. Service leads or lines for service are inplace for Lots 3 and 5. 9. It is understood and agreed that the Parks and Playground Contribution has been met by a previous land donation for the land being platted. 10. It is understood and agreed that to fulfill City Policy, two trees will be provided in the margin (boulevard) of each lot. The Subdivider or property owner shall purchase from the City and pay one half the cost of said trees and the City's portion of the payment for the trees shall not exceed $10.00 per tree. SUBDIVISION AGREEMENT ROLLING OAKS FIFTH ADDITION CITY OF HUTCHINSON, MINNESOTA PAGE 3 The Subdivider hereby petitions the City to install two trees per lot and assess the properties in the subdivision, the cost less allowed City's portion of said cost. Said installation to be included in the last assessable improvement to be installed for the subdivision. All trees installed at the time of said last assessable improvement will be credited to the properties where the trees are located. Species selection will be determined by the Tree Board. Should the Subdivider or property owner wish to plant a tree which deviates from the selected specie list, he /she must present his /her request to the Tree Board. The City will, at no charge to the property owner, replace any tree which dies within one year of the time -gYanting - 11. This agreement shall be binding upon and extend to the heirs, representatives, assigns, property purchasers of the plat and successors of the parties. IN N TNESS THEREOF, the arties have hereunto set their hands and seals this � day of , 1984. SUBDIVIDER Joh E. Miller pproved by the City Council on the Its Mayor • day of CITY OF HUTCHINSON Sedona E. Miller Its City Clerk • 1984. 9 0 M E M O R A N D U M DATE: September 6, 1984 TO: Mayor and City Council - ------------------------- - - - - - - FROM: Gary D. Plotz, City _AdP43.nistrator- SUBJECT: Appointments to Recreation Building Committee -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The following individuals are recommended for appointment to the Recreation Building Committee: Donn Hoffman Lyle Block Kay Peterson Barry Anderson Garey Knudsen Arnold Rotzien Susan Wagner Bruce Ericson, Ex- Officio r�/CITY (612) 587 -5157 OF HUTCHINSON 3' bVA SH1NG TON AVENUE 'A'_E S HU`CHINSON, M/NN. 55350 TO: Mayor & City Council FROM: Bruce Ericson, Parks & Recreation Director DATE: September 6, 1984 SUBJECT: Hockey Rink West of Civic Arena It was recommended by the Parks & Recreation Board at their September 5th meeting.-that a.-outdoor hockey -rink be installed west of the Civic -Arena with lighting be put in on the west side of the rink. klm q _j_, (612) 587 -5151 VI- CITY OF HUTCHIN'SON vas I.crcNavENi t „ s- HUTCHINSON, MINN. 55350 TO: Mayor & City Council FROM: Bruce Ericson, Parks & Recreation Director DATE: September 6, 1984 SUBJECT: 1985 Budget Recommendations At the September 5th meeting of the Parks & Recreation Board the 1985 Budget was reviewed. The board made the following recommendations. The Parks & Recreation Board recommends that the Mayor & City Council reconsider cuts made in the Parks budget for chemicals; specifically the mosquito and dandelion spraying, temporary wages or full -time custodian at the new recreation facility,also decrease the required revenue for the Roberts Park concession stand by $1,020 and raise the cost of pro- duct goods $2,600. klm �'"m' /, fa POLICE DEPARTMENT MEMORANDUM Mayor and City Council lJ September 10, 1984 DATE FROM Dean M. O'Borsky, Chief of Police U' " v SUBJECT Background Investigation We have done a records check on the two individuals who made application for licenses and find nothing in their background to indicate that they should not be issued a license. DMO:nb n V6-111, -� 111�� INFORMATION APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT ME2" x 2" Picture NAME and DRIVrequired NAME: Dwayne W. Knigge PERMANENT ADDRESS PERMANENT TELEPHONE 5732 Creek Park Ln., Mtka. Mn 55345 TEMPORARY LOCAL ADDRESS 1- 935 -7787 Americ Inn, Hutchinson TEMPORARY TELEPHONE ACCESS: 587 -9299 DRIVER'S LICENSE NUMBER (STATE) "N' Minnesota HEIGHT 5'10" WEIGHT 180 EYE COLOR Blue FEES & LENGTH OF PERMIT REQUESTED �0 How many days? 2 Months? Or year? LICENSE FEES ARE AS FOLLOWS: Application Fee of $25 applied towards the following permit fee(s) Solicitors, per day ......... ............................... $ 25.00 Solicitors, per year ........ ............................... $200.00 CTransient Merchants, per day ............................... $ 25.00 Transient Merchants, per year .............................. $200.00 Peddlers, per day .......................................... $ 25.00 Peddlers, per year .......... ............................... $200.00 BACKGROUND STATEMENT HAVE YOU BEEN CONVICTED OF ANY CRIME, MISDEMEANOR, OR VIOLATION OF ANY MUNICIPAL ORDINANCE, OTHER THAN TRAFFIC VIOLATIONS? YES NO X IF YES, STATE NATURE OF OFFENSE AND PUNISHMENT OR PENALTY ASSESSED THEREFORE: 9"/Y"' APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS 2" x 2" Picture NAME and DRIVER'S LICENSE INFORMATION required NAME: Peter Joseph Reopelle (employee of D. Knigge) PERMANENT ADDRESS: `732 5024 Humboldt Ave. No. Mpls PERMANENT TELEPHONE: TEMPORARY LOCAL ADDRESS: 755 -7069 Americ Inn, Hutchinson TEMPORARY TELEPHONE ACCESS: 587 -9299 DRIV ru'• R)��. HEIGHT 5' 10" WEIGHT 170 EYE COLOR Hazel FEES & LENGTH OF PERMIT REQUESTED How many days? 2 Months? Or year? LICENSE FEES ARE AS FOLLOWS: Application Fee of '$25 applied towards the following permit fee(s) Solicitors, per day ......... ............................... $ 25.00 Solicitors, per year ....................................... $200.00 Transient Merchants, per day ............................... $ 25.00 Transient Merchants, per year .............................. $200.00 Peddlers, per day ........... ............................... $ 25.00 Peddlers, per year .... $200.00 BACKGROUND STATEMENT HAVE YOU BEEN CONVICTED OF ANY CRIME, MISDEMEANOR, OR VIOLATION OF ANY MUNICIPAL ORDINANCE, OTHER THAN TRAFFIC VIOLATIONS? YES NO X V 11 4 54 IF YES, STATE NATURE OF OFFENSE AND PUNISHMENT OR PENALTY ASSESSED THEREFORE: 1 0 0 0 DESCRIBE NATURE OF BUSINESS AND DESCRIBE ITEM OFFERED: Sale of 19" Motel color television that have been reconditioned. The_telie isions provide an exceptional value to consumers. We have 150 satisfied customers in the Hutch area. DESCRIBE METHOD OF DELIVERY: Picked up on spot. DESCRIBE YOUR SOURCE OF SUPPLY - NAME & ADDRESS OF SUPPLIER: Village Home Entertainment Centerk ayne Knigge owner) 11301 Highway #7 Hopkins, Mn 55343_ PROVIDE TWO (2) MCLEOD COUNTY PROPERTY OWNERS FOR CHARACTER REFERENCES: NAME & ADDRESS: Mark A. Christensen NAME & ADDRESS: Bob Mlynar 615 Franklin St. Box 364 Hutchinson Mn. 587 -5853 Hutchinson 567 -9299 PHONE NUMBER: 587 -5833 PHONE NUMBER: 587 -9299 STATE LAST CITY YOU CARRIED ON SAME ACTIVITY: CITY /STATE NAME: Hutchinson Mn DATE OF ACTIVITY: FROM: Mar83 19 -20th. TO: -2- I hereby certify I have completely filled out the entire above applica- tion and that the application is true, correct, and accurate.* I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchant Ordinance No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not ex- ceeding $500 or by imprisonment for a per od not exceeding 90 days or both, plus, in either case, the costs of prosec ion nature of Appli ant Date * No application will be forwarded to the City Council unless received one week prior to the regular Council meeting completely filled out with required picture. OFFICE USE POLICE CHIEF RECOMMENDATION; A report from the Police Department will be forthcoming for the Council meeting on September 11, 1984. -3- 0 6 0 REGULAR COUNCIL MEETING September 11, 1984 WATER 4 SEWER FUND *U.S. Postmaster 1000 13¢ stamps $ 130.00 *U.S. Postmaster postage forSept bills 142.59 *State Treasurer soc. security 725.55 Mrs. Harlan Harms double payment refund 52.46 Henry Heinicke seminar expenses 109.43 Merle Meece % safety boots 30.00 Richard Nagy perscription safety glasses 43.75 Waste Age 1 yr subscription 22.00 Water /Engineering $ Management 3 yrs. subscription 38.00 Water Pollution Control Federation subscription Operation Forum 10.00 Allen Office Products supplies 5.70 Am. Payment Center 3 mos. rental 50.00 Big Bear supplies 4.58 Blue Cross Blue Shield Sept. medical ins. 1281.97 Central Garage July repair jobs 311.71 Coast to Coast supplies 61.88 Canada Life Assurance Society Sept. dental ins. 174.91 Curtin Scientific chemicals 36.65 Firemans Fund Ins. Sept. LTD ins. 52.10 Family Rexall DRug supplies 3.40 Farm & Home supplies 159.75 Farmers Elevator chemicals 8.95 Floor Care Supply cleaning supplies 36.65 Great Plains Supply supplies 40.06 Fitzloff Hardware supplies 32.22 G 4 K Services uniform rental 143.75 Hutch Coop gasoline 966.47 Hutch Plbg 4 Htg. repairs 36.84 Hutch Utilities electricity 13,112.62 Hutch Wholesale Supply parts 7.59 Warehouse Grocery distilled water 20.38 Ink Spots forms 31.00 Junker Sanitation August charges 21,269.25 Mn. Mutual Sept. life ins. 46.19 McLeod Co. Sanitary Landfill dumping charges 10.00 Mn. Valley Testing water testing 261.00 Nalco Chemical Co. chemicals 7533.00 Plaza Ok Hardware supplies 6.79 Power Process Equipment services and tools 769.04 RCM professional fees 355.44 Rockite Silo Inc. supplies 16.00 Rutz Plbg $ Htg. parts 21.81 Simonson Lbr. Co. supplies 57.28 ST. Treasurer PERA 312.76 United Bldg. Center supplies 23.09 Water Products Co, meter 363.00 $ 48,927.61 -2- CENTRAL GARAGE FUND *State Treasurer Soc. Sec. $ 129.55 American Trailer Service parts 56.00 MTI Distributing Co. parts 113.59 W.C. Cooling Clinic 'repairs 62.20 Brandon Tire repairs 120.98 Blue Cross Blue Shield Sept. med. ins. 174.60 Canada Life Assurance Soc. Sept. dental ins. 23.79 Firemans Fund Ins. Sept. ltd ins. 6.18 Farm & Home supplies 35.39 GTC Auto Parts supplies 1661.70 Hutch Wholesale supplies 383.43 Mn. Mutual Ins. Sept. life ins. 6.20 MacQueen Equipment parts 107.94 Plowmans repairs & parts 922.71 Road Machinery repairs & parts 227.83 Schmeling Oil Co. oil 135.66 St. Treasurer PERA 39.32 Swanke Motors repairs & parts 105.15 Town & Country Tire parts 12.00 $ 4,324.22 GENERAL FUND *1st State Federal Savings & Loan contract payment $ 12,138.81 *State of Mn. entitlement amt. 24,500.77 *State of Mn. part of application deposit 344.56 *Michael Andersen & Neil Saucier settlement costs 2,000.00 *Quast Transfer freight charges 26.00 *Radisson Arrowwood room deposit 75.00 *Mn. STate Treasurer boat registration fees 124.00 *James Schaefer last half Aug. fees 962.50 *Chanhassen Dinner Theatre ticket deposit 100.00 *McLeod Co. Historical Soc. proceeds quilt raffle 600.00 *State Treasurer social security 6,035.22 Bill Brugman tournament fee refund 8.00 Mike Becker " 13.00 Scott Becker " 13.00 Larry Fisher " 11.00 Randy Hoff 13.00 Tracy Hogan " 13.00 Guy Haffley " 11.00 Jeff Jensen " 13.00 Louis King " 8.00 Dave Knick " 11.00 Mike Keeler " 11.00 Craig Lattshwager " 51.00 Billy Mills " 11.00 John McRaith " 11.00 Ron Putz " 11.00 Brian Stark 8.00 -3- Marlin Schauer tournament fee refund $ 8.00 Ben Thissen " 8.00 Scott Totushek it 24.00 Don Busch, Treas membership dues 15.00 John Bernhagen consulting fees 1000.00 Evelyn Haroldson day camp expense 27.70 Berger Plbg $ Htg. 40 pipe clamps 28.60 Betker Construction install air conditioner 239.53 Friends of Mpls Public Library 3 tickets 6.00 Hone Safety Egiipiru nt stick on Dad.es 55.66 Kables air conditioner 599.95 •,cLeod Go. Pork Producers concert expenses 53.00 Mn. Historical Society 46 tickets 69.00 Mn. Landscape Arboretum gate fee 88.00 Mn. Assn. Campground Operators membership application fee 90.00 Mn. Rec. Sports Fed. tee shirts & caps 44.00 No. Am. Cable Systems basic cable service 6.45 Olsen Chain €, Cable repairs 55.48 Shopko supplies 41.72 State AGency Revolving Fund cost of adm. coverage 71.11 UP, Up $ Away Balloon Shoppe clown $ balloons 35.00 Wittes Applicance repairs 28.50 Wall Street Journal 1 yr subscription 101.00 Willmar AVTI CIM refresher course 55.00 Lundahl Catering city picnic 1075.90 Gene Putzier football refund 15.00 Ernest Duesterhoeft shelter permit refund 5.00 Duane Dascher %safety boots 30.00 Douglas Meier 60 steel fence posts 111.00 Erickson Big D supplies 408.29 Midland Products Co. supplies 12.21 Murphy Freight Lines freight 31.07 Michael Anderson $ Neil Saucier final settlement 1000.00 Pella Products Inc. folding door 407.22 Park Nicollet Med. Foundation educational supplies 26.90 Penfield Inc. appraisals of real estate 1200.00 Tony's Pizza Service -Joe Daniels supplies 69.06 A $ B Electric labor- concert 120.00 Albinson supplies 11.31 Allen Office Products supplies 25.50 Acme Wash Inc. car maintenance 28.00 Albrecht Oil Co. power washer fuel 7.00 Brinkman STudio film etc. 31.97 Bjerke Oil Co. aviation oil 11,520.00 Blue Cross Blue Shield Sept. medical ins. 11,592.79 Borchert Ingersoll equipment 2400.00 Central Garage q July repair jobs 5609.87 Carr Flowers plants - swanson $ link 35.00 Central Mn. Com. Inc. repairs 74.00 Crow River Vet Clinic boarding fees etc. 133.00 Coast to Coast supplies 127.39 Coca Cola Bottling supplies 42.50 Coca Cola Bottling moving voting machines 40.00 Chamber of Commerce band concert payment 500.00 -4- Copy Equipment Inc. supplies Co. Recorder recording 2 variances Canada Life Assurance Co. Sept. dental ins. Culligan Water Cond -. salt $ service Division of Boiler Inspection license renewals Dostal & Oleson Oil Co. solvent Fireman's Fund Ins. Co. Sept. LTD ins. Family Rexall Drug supplies 1st Bank of Mn. Schramm Implement parts Farm $ Home supplies Farmers Elevator lawn mix Floor Care Supply cleaning supplies Great Plains Supply supplies G $ K Services uniform rental Fitzloff Hardware supplies Gopher Sign Co. signs Hutch Coop gasoline Home Bakery supplies Hutch Milk HOuse supplies Hutch Com. Hospital laundry Hutch Iron $ Metal flat iron Hutch Leader concert ads Hutch Utilities electricity Hutch Wholesale Supply supplies Hutch Fire €, Safety recharging Orlin Henke sept. intown mileage ICMA retirement contribution INd School Dist. 423 lifeguard Ink Spots printing Jahnkes Red Owl supplies Jerabek Machine Shop supplies Juul Contracting connect drain tile Joes Sport Shop trophies Kohesk equipment Krasen Plbg & Htg. parts L $ P Supply parts Mn. Mutual Ins. Sept. life ins. Mankato Mobile Radio parts Marco Bus. Products typewriter repairs McLeod Coop Power electricity McGarvey Coffee coffee Northland Beverages supplies Northern STate Supply parts Nott Co. repairs Olsons Locksmith keys $ repairs Plaza OK Hardware supplies Gary Plotz Sept. intown mileage Marlow Priebe Mn. Plan Bd Mtg. Peterson Bus Service bus to St. Paul Rockite Silo Inc. supplies State Theatre Sept. rental Schmeling Oil Co. fuel oil Shopko supplies Simonson Lbr. Co. supplies Sorenson Farm Supply supplies & rental 128.12 10.00 1533.64 33.30 12.00 6.15 553.25 164.87 1.50 341.06 102.00 284.88 85.45 693.90 73.73 195.00 4482.74 19.54 101.49 18.45 17.20 750.00 8319.85 39.60 55.55 30.00 188.39 1768.00 83.50 91.36 13.20 631.80 887.50 68.92 22.80 13.90 450.43 127.06 145.28 222.00 151.90 17.00 8.28 449.81 56.00 179.40 150.00 23.00 180.00 32.00 325.00 1335.22 171.24 4.25 69.50 -s- Standard Printing loo invitations 20.00 STate Treasurer PERA 3398.24 962.50 James Schaefer 1st half Sept. Juul Contracting Town 8 Country Tire repairs 7.48 Tri Co. Water Cond. salt 16.50 Uniforms Unlimited lite for car #5 77.00 United Bldg. Center supplies 725.33 Xerox Corp. tray 50.00 3451.00 Wm. Mueller & Sons street materials liquor $ 121,191.70 BOND FUNDS 1982 Tax Increment Bond National City Bank interest $ coupon fee 7531.25 1981 Bonds Commercial West legal notice 18.36 1984 Bonds J. W. Hanson Construction construction costs 8027.10 Wm. Mueller 4 Sons construction costs 4560.00 Juul Contracting construction costs 26,792.87 Buffalo Bituminous construction costs 65,294.53 liquor 2773.98 Ed Phillips $ Sons 104,674.50 LIQUOR STORE FUND STate Treasurer Soc. Sec. 555.86 State Treasurer PERA 171.38 City of Hutchinson payroll 4454.75 Ed Phillips 4 Sons wine & liquor 2773.98 Ed Phillips $ Sons wine $ liquor 1572.78 Twin City Wine Co. wine $ liquor 1245.40 Griggs Cooper $ Co. wine $ liquor 1166.01 Quality Wine & Spirits wine $ liquor 2279.09 Twin City Wine Co. wine $ liquor 2036.13 Quality Wine $ Spirits wine $ liquor 100.72 Griggs Cooper $ Co. wine & liquor 1998.05 Ed Phillips $ Sons wine $ liquor 2372.75 Twin City Wine Co. wine $ liquor 1599.45 Ed Phillips $ Sons wine 8 liquor 1683.80 Griggs Cooper $ Co. wine $ liquor 1349.57 Quality Wine $ Spirits wine $ liquor 1201.57 Griggs $ Cooper F, Co. wine $ liquor 1718.79 0 0 Ed Phillips $ Sons Old Peoria Co. Frienly BeverageCo. Retail Data Systems Lenneman Beverages Locher Bros. Triple G Dist. Hutch MLS Ink Spots American Linen Supply Northland Beverages Inc. Hutchinson Telephone Co. Nationwide Papers Coca Cola Bottling Bernicks Pepsi Cola Bottling City of Hutchinson wine $ liquor 2411.68 wine $ liquor 1233.65 beer 2708.90 iegister parts 6.29 beer 26,207.10 beer 11,913.75 beer 12,986.70 petty cash 34.75 number sets 54.00 towell service 17.20 mix 370.30 phone 56.70 bags 76.08 mix 851.45 mix 65.25 July insurance 1024.60 gavrapawn LAW OFFICES B IGGS AND MORGAR PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANE BUILDING SAINT PAUL, MINNESOTA 55101 TELEPHONE 1612) 291 -1215✓ TELECOPIER 1612) 222-4071 INCLUDING THE FORMER FIRM OF LEVITT, PALMER, BOWEN, ROTMAIN & SHARE J.. P. Nmea Cap R. H.nov AaaeeA N. HOaD J.. Jo Bar[as hoar J. Hs.., Maer L Itacv Aoaear E. Wmm Roars L Hwasea WI..... J. X.t Mac G. ..Ssrtoe Balsa C. Heusi[ Soar Srea miE Ms[r L H. Sea Erleacv M1ces[v H. S�uv Joan H. D. aszaass %-T-nD.Ar11 DA G. SOaOafS B.. C. MC4su.o Bvme w Moorr YIVO1[u A. DR[e September 10, 1984 891U'!2j A TO: The Mayor and Aldermen SEP 1984 of the City of Hutchinson M P%ECEWW RE: Public Library Addition Gentle.-en: Evw Nztssoa Fw. R A1x+rmova vaacuo[ P. Avovr Heaeax L Lcz Aaa Hc'caoas F. R.Gssute Euet . J. A[aa. Cv . J. Srms Cases B. Hmla Pzm. M. loves M. M. .Stu Dusm Havov A Sam m mesa J. N... Moaxaa J.. aM. E. Ariz Joao ILMou Staoet . Movau Fasav N. Gasasa A. L. C. ILrn C.. C. Fvuly our firm has been retained by Wallace E. Reyerson, a resi- dent and taxpayer of the City of Hutchinson, to consider the legality of constructing the proposed large, new addition to the Hutchinson Public Library on the Hutchinson Public Square, and if such construc- tion should appear to be illegal, what steps might be taken to enjoin or otherwise prevent such illegal action from going forward. We have concluded, on the basis of the facts presently appearing, that to place the large new proposed library addition on the Hutchinson Public Square would: 1. Constitute a breach of the terms of the trust under which the Public Square is held; 2. Constitute a violation of the terms of the judgment of the District Court of McLeod County in the case of The Town of Hutchinson v. William.H. Harrington and T. W. Prendergast entered May 12, 1879. (File No. 64 in the office of the Clerk of Court at Glencoe) 3. Be enjoinable by citizens of Hutchinson under the Minnesota Environmental Rights Act because of irreparable damage to the character and integrity of the present Library Building listed on the National Registry of Historical Buildings. However, all concerned are agreed that before considering the initiation of legal proceedings we should first state our position to the Mayor and Aldermen so that before any contracts for construc- tion are let the entire matter may be fully considered and, it would 2240 FIRST NATIONAL BA_NA BUILDING PAW IDS CENTER SALT PALL MINNESOTA 66101 MINNE MS, MINNESOTA 56 ,012 291 -IM (012) 000 -0601 - A� LC4GF 2cxrr !! _ Joys H Fz>✓ais Taoau A'•..oF -: D,+ Rcat c R.rF r r D n Jcs' -s Y — Prcta': S_rtns fien.v c ? — DoreL.s : Ssa r - __— J. 9.ra:cz "_' J c�s .' — . Joaa 3 L oZ : Je. . C. Ba'sza 7eatsa � = J axcs E N. Jon H L Scans�:>� .loc. E ro- •mesas' Star = s - »F .Jv F RLFY L. - 3C'sY] Na�>2/ Lrrt- Szva_ �^_c-cc Dacxn 3. SL.� LAW OFFICES B IGGS AND MORGAR PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANE BUILDING SAINT PAUL, MINNESOTA 55101 TELEPHONE 1612) 291 -1215✓ TELECOPIER 1612) 222-4071 INCLUDING THE FORMER FIRM OF LEVITT, PALMER, BOWEN, ROTMAIN & SHARE J.. P. Nmea Cap R. H.nov AaaeeA N. HOaD J.. Jo Bar[as hoar J. Hs.., Maer L Itacv Aoaear E. Wmm Roars L Hwasea WI..... J. X.t Mac G. ..Ssrtoe Balsa C. Heusi[ Soar Srea miE Ms[r L H. Sea Erleacv M1ces[v H. S�uv Joan H. D. aszaass %-T-nD.Ar11 DA G. SOaOafS B.. C. MC4su.o Bvme w Moorr YIVO1[u A. DR[e September 10, 1984 891U'!2j A TO: The Mayor and Aldermen SEP 1984 of the City of Hutchinson M P%ECEWW RE: Public Library Addition Gentle.-en: Evw Nztssoa Fw. R A1x+rmova vaacuo[ P. Avovr Heaeax L Lcz Aaa Hc'caoas F. R.Gssute Euet . J. A[aa. Cv . J. Srms Cases B. Hmla Pzm. M. loves M. M. .Stu Dusm Havov A Sam m mesa J. N... Moaxaa J.. aM. E. Ariz Joao ILMou Staoet . Movau Fasav N. Gasasa A. L. C. ILrn C.. C. Fvuly our firm has been retained by Wallace E. Reyerson, a resi- dent and taxpayer of the City of Hutchinson, to consider the legality of constructing the proposed large, new addition to the Hutchinson Public Library on the Hutchinson Public Square, and if such construc- tion should appear to be illegal, what steps might be taken to enjoin or otherwise prevent such illegal action from going forward. We have concluded, on the basis of the facts presently appearing, that to place the large new proposed library addition on the Hutchinson Public Square would: 1. Constitute a breach of the terms of the trust under which the Public Square is held; 2. Constitute a violation of the terms of the judgment of the District Court of McLeod County in the case of The Town of Hutchinson v. William.H. Harrington and T. W. Prendergast entered May 12, 1879. (File No. 64 in the office of the Clerk of Court at Glencoe) 3. Be enjoinable by citizens of Hutchinson under the Minnesota Environmental Rights Act because of irreparable damage to the character and integrity of the present Library Building listed on the National Registry of Historical Buildings. However, all concerned are agreed that before considering the initiation of legal proceedings we should first state our position to the Mayor and Aldermen so that before any contracts for construc- tion are let the entire matter may be fully considered and, it would 2240 FIRST NATIONAL BA_NA BUILDING PAW IDS CENTER SALT PALL MINNESOTA 66101 MINNE MS, MINNESOTA 56 ,012 291 -IM (012) 000 -0601 - BRIGGS axn MORGAS I or and Aldermen Vy of Hutchinson September 10, 1984 Page 2 be hoped, a consensus reached on an alternative solution to the city's library needs which would not be destructive to the preser- vation of Hutchinson's Public Square or to the integrity of the present historical library structure now on the Square. Before explaining the basis for our conclusions we call to the City's attention that the advertisement for bids as published in the Hutchinson Leader of September 4, 1984 is fatally defective in that it contains a patent ambiguity by stating that: "The City of Hutchinson will receive sealed bids on the construction of a library addition for the City of Hutchinson, Minnesota. Bids shall be delivered to the Office of the City Administrator, Hutchinson City Hall, 37 Washington Avenue West, on or before 2:00 P.M., Tuesday, September 20, 1984, at which time bids will be publicly opened and read aloud." (Emphasis supplied) Since the date September 20, 1984 falls on a Thursday, it is not clear whether the time of bid opening is Tuesday, September 18, or Thursday, September 20. In the circumstances it seems clear that independently of the various grounds we have listed for permanently dropping its plans for building the addition as presently proposed, the City must, in any event, postpone the currently advertised bid opening until it can re- advertise for bids with a corrected publi- cation. In the circumstances, we strongly urge the City to postpone any re- advertisement until all parties concerned have time to consider the objections to the project here raised to reach a proper solution to the problem. Returning to the issues on the merits that we have raised, we do want to explain the factual and legal bases for our several objections so that all concerned, including the City's elected officials as well as its Attorney and Administrator, will be fully aware of the possible legal consequences of the steps they are pro- posing to have the City take. 1. The construction of the Library addition proposed would constitute a breach of the City's trust and a violation of the terms of the dedication of this Public Square. In Headley v. City of Northfield, 227 Minn. 458, 35 N.W.2d 606 (1949), our Supreme Court held that to convert part of a dedi- cated public square in the City of-Northfield into a high school athletic field and playground would violate the terms of dedication of the tract as a "public square" and would be illegal. The Court reversed the District Court's denial of a temporary injunction. Subsequently, a permanent injunction was issued preventing the City from ever proceeding with its plans. BRIGGS nxa MORGAA yor and Aldermen ty of Hutchinson September 10, 1984 Page 3 In the City of Northfield case the plat dedicated the "public square" for "public use ". The Court held that under such a dedication the fee is reserved to the owner (the plattor) and that there is granted to the municipality in trust for the benefit of the public at large only such estate or interest as the purposes of the trust require. The City of Northfield case was recently followed and applied to the proposed construction of a nursing home on a dedi- cated public square in City of Zumbrota v. Strafford Western Emigration Company, Minn. 290 N.W.2d 621 (1980) which also held that a statutory attempt to authorize sale of the square would be unconstitutional as a taking of property without just compensation in violation of Section 13 of Article I of the Minnesota Constitution. Here, the judgment of the District Court in the case of The Town of Hutchinson v. William H. Harrington and T. W. Prendergast, 1879, (McLeod County District Court File No. 64) established that this Public Square is in exactly the same status as the Northfield and Zumbrota squares -- namely, owned in fee by the heirs of the plattor and held in trust for public uses as a dedicated public square. In The Town of Hutchinson case the District Court determined that "The said piece of land being laid out and marked 'Public Square' upon the plat of the Townsite of Hutchinson (south part) as filed in the office of Register of Deeds of the said County of McLeod and being marked on said plat 'Public Square' was dedicated to public use by the proprietors or others of said land as public grounds aforesaid and that such dedication was accepted by the public and that the said premises so marked on said plat as 'Public Square' thereby became and were at the time of the commencement of this action duly dedicated to public use and the public have an ease- ment therein as alleged in the Complaint." Clearly, we have here a statutory dedication of a public square to be kept open and unoccupied except for appropriate plant - ings,,,elks and the like as in Headley v.City of Northfield and not a mere common law dedication as in Allen v. Village of Savage, Minn., 112 N.W.2d 807 (1961). It seems clear that the erection in 1904 of the "Carnegie" Public Library, even though occupying a relatively small part of the ornamental public square here involved and sited somewhat as a band- stand might have been, in fact constituted a violation of the terms of the dedication and of the judgment of 1879. The present building was, as noted, so placed as to minimize any interference with the general public use of the public square, or of its open appearance. BRIGGS a MORGA-10 *or and Aldermen City of Hutchinson September 10, 1984 Page 4 Although the placing of even that building could in all probability have been enjoined back 80 years ago, its erection, after a divided vote of the citizens, cannot now form a basis for permitting the much greater and more extensive occupation of the public square and interference with its appearance involved in the currently proposed large new addition. It also must be kept in mind that citizenry have far stronger concerns for preservation of open space as well as of historic structures than our ancestors did eighty years ago. At all events, the present proposal goes far beyond what was done in 1904. It occupies, or would occupy, almost one whole side of the public square. It would not only take open space that should be preserved, but would alter the "openness" of the Square and be destructive, as we shall point out later, of the appearance and setting of the present Carnegie Library. If the construction here proposed were permitted, it could be a precedent for the eventual complete destruction of the Square for the purposes for which it was dedicated. It is submitted that citizens and taxpayers resident in the City of Hutchinson concerned with the proposal are entitled to a permanent injunction against construction of the proposed library addition as presently planned under the law as clearly established. 2. For the officials of the City of Hutchinson to proceed with — --- - - - - -- ----- - - - - -- letting a contract for construction of the new Library addition coul constitute such a violation of the specific terms of the judgment in Town of Hutchinson v. William H. Harrington and T. W. Prendergast as migT entitle resictents an axpayers o fFie �i yor Flinn, not only to seek injunctive relief, but to apply to the District Cou for an order to show cause why the officers involved, such as the contempt of court for v We of course recognize that the Town of Hutchinson judgment was entered over a century ago and that in the circumstances a court today might well determine that initially purely injunctive relief was more appropriate, and that any use of the power of the court to hold present officers in constructive contempt of court might more appropriately be held in abeyance until an injunction was entered against action by the present city and its present officials taking any action contrary to the terms of the dedication. However, we have felt it appropriate to bring to the atten- tion of the present officials the existing judgment and the fact that where an injunction is violated, the courts can and do take appropriate action to find public officials violating such an injunction in contempt of court under Chapter 488 of Minnesota Statutes, and to be subject to such penalties as may be appropriate in such circumstances. BRIGGS Awl) MORGA10 or and Aldermen y of Hutchinson September 10, 1984 Page 5 3. The construction of the new library addition as presen planned should be enjoined under the terms of the Minnesota Env mental Rights Act of 1971, Chapter 115 B of Minnesota Statutes because of irreparable damage to the character and integrity of not only the Public Square, but the historic present Carnegie Library building to which the addition is proposed to be attach Section 116 B.03 Minnesota Statutes authorizes any person within the State to maintain a civil action in District Court for declaratory or equitable relief in the name of the State of Minne- sota against any person for the protection of natural resources located within the State again impairment or destruction. Under Section 116 B.01, Definitions -- "Person" includes not only indi- viduals but municipalities and other governmental entities, and "Natural Resources" includes recreational and historical resources; also, in the case of resources owned by any governmental agency, scenic and aesthetic resources. In State by Powderly v. Erickson, Minn., 285 N.W.2d 84 e (1979) action was brought by citizns concerned to enjoin the demolition of some historic row houses in Red Wing. The Supreme Court held the evidence sufficient to establish the row houses as an historic resource within the Environmental Rights Act, and that the owner of the row houses had not sustained the burden of proving that there was no feasible and prudent alternative to demolition. Here, it is submitted, the construction of the addition as proposed would both affect the integrity of the Public Square and fatally damage the presently nationally registered historic Carnegie Library by surrounding it on three sides with an incompatible struc- ture. We are undertaking to get this letter into your hands in time for any appropriate consideration you may feel you wish to give it at your Council meeting, which we understand is scheduled for Tuesday evening September 11. With the copy of this letter being -sent di- rectly to Mr. Schaefer, the City Attorney, we are enclosing a copy of the 1879- }udgment and related papers, a plat, and the bid notice referred to in our le-Etex so that he, at least, will have available or ready access to all pertinent m-ater -"I.- We look forward to your response this week. We want to assure you that our client and others who may join with him will stand ready to work with you in the resolution of this matter, to eliminate the adverse consequences of proceeding with the plans as presently proposed. Sincerely yours, SHM:mj Samuel H. Morgan Copies - per list attached. 0 0 Cooles mailed to: Robert Stearns -- MAYOR 375 1st Avenue, N.W. Hutchinson, 14N 55350 ALDERMEN: Michael Carls 915 Neal Hutchinson, MN 55350 Pat Mikulecky 385 Connecticut Hutchinson, 1C., 55350 :.arlin Torgrimson 1245 Rolling Oaks Lane Hutchinson, MN 55350 Jo n ASlimar 704 Hilltop Drive Hutchinson, MN 55350 CITY AD.I- II`_IISTRATOR: , - arotz 37 i•7ashington Avenue West Hutchinson, 1,LN 55350 Copy to: Mr. W. E. Reyerson 215 1st Avenue, N.W. Hutchinson, MN 55350 , 0 CIT _i8iZ1�lEY: ' James H. Schaefer 105 Second St., S.W. Hutchinson, MN 55350 (with enclosures) E 0 CENTRAL PRAIRIE RAILWAY ASSOCIATION P.O. Boa 81 Hutchinson, MN September 13, 1984 Dear Users and Affected Governmental Units: O 2� I would like to take a minute of your time to give you an update on our railroad. On June 27 a group met with officials of Burlington Northern in St. Paul to discuss the outlook of the Wayzata to Hutchinson line. We were informed that because of the tremendous cost to rehabilitate this line compared to the revenues that could be generated from the increased traffic, it just wasn't possible to give an adequate return on investment. Therefore we would have to search out other avenues to maintain our rail service. We were assured that we could expect help and support from Burlington Northern. At this point I've requested from Burlington Northern the price of the line if we were to purchase it, along with data on what would be included, such as land, buildings, equipment, leases, and revenues that are being generated from the leases, as well as a complete breakdown of their estimated rehabilitation cost. All of this information would be used to determine the feasibility of operating it as a short line, privately owned. I've also had conversations with Mike Beard of Keystone Railway System and Jerry Ross of Dakota Rail. Both individuals are interested in getting involved in the rehab and the operation of this line. At this point I've invited Jerry Ross to a meeting on September 21 at 1:00 p.m. at the Central District Services Building in Hutchinson to explain what they have accomplished in their efforts to save their rail service. (See enclosed copy of magazine article.) Bob Overby of Region 6E is also doing research on the benefits and requirements to establish Regional Rail Authority. We need your attendance at the meeting of September 21st to arrive at a plan to keep our railroad operating. Thank you! Sincerely, Ray Zimmermann, President Central Prairie Railway Association E POLICE DEPARTMENT MEMORANDUM TO Mayor and City Council FROM Dean M. O'Borsky, Chief of Police SUBJECT Chiefs Convention FOR YOUR W- ORMA_Ul -4 DATE September 10, 1984 I will be attending the International Chiefs Association Convention in Salt Lake City October 22 -26. 1 intend to leave Saturday a.m., the 20th, and arrive Sunday evening. I intend to leave Salt Lake Saturday a.m.,the 27th, and return Sunday the 28th. An anticipated estimate of costs are as follows: Gas and Oil $235.00 7 nights lodging $500.00 @$65.00 per night plus tax Food and Expenses $150.00 TOTAL: $885.00 I intend to drive the 1980 Buick,as round trip airfare is approximately $285.00. 1 intend to travel on the weekend and will be accompanied by my wife. I expect that I will have some in -town mileage while in Salt Lake which should be minimal. DMO:nb 587.5151 F CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: September 10, 1984 TO: Mayor and City Council FOR YOUR INFORMATION FROM: Director of Engineering RE: Hutch Technology Plant On Thursday, September 6th, City Staff members toured the Pretreatment Facilities recently put into operation. The treatment process, which was mandated by EPA Rules, controls the PH and heavy metals that pass through to our system. The cost of the equipment installed is estimated at $1,700,000 and has a maximum flow capacity of 216,000 gallons per day. The installation cost amounts to $7.87 per gallon per day. In comparison, our plant construction cost is estimated at $11,486,000 with a maximum flow of 7,620,000 gallons per day. The City cost is estimated to be $1.50 per gallon per day. Our minimum flow of 1,940,000 gallons per day amounts to $5.92 gallons per day cost. Marlow V. Priebe Director of Engineering MVP /pv cc: Ralph Neumann Randy DeVries • POLICE DEPARTh;ENT MEMORANDUM TO Mayor and City Council VV FROM Dean M. O'Borsky, Chief of Police SUBJECT Court Closi FV YOUR INFORMATION DATE August 14, 1984 In my memo of July 30, 1984 I pointed out to you that we had more developments in the potential closing of the Hutchinson Division of McLeod County Court. Since that time the Clerk of Court has gone to the County Commissioners to explain some of the reasoning behind the court closing. At that time Mr. Lipke indicated to the County Board that there were only three civil court conciliation cases filed in Hutchinson in the month of April. What Mr. Lipke failed to tell them was that there were 46 filings in June. The three small claims filings in April were the lowest in 10 years. This was due to the fact that the Deputy Clerk moved to Glencoe that month and it caused a lot of• confusion to the Hutchinson residents as to where and how to file. He led them to believe that the civil court filings in Hutchinson were decreasing and made no mention of the fact that filings in Hutchinson were equal in number to those filed in Glencoe. He also did not indicate the numerous complaints that have been made regarding this potential closing. It should also be pointed out that the cases filed in Glencoe are for all cities in McLeod County, as well as the unincorporated areas, while the Hutchinson cases are for the City of Hutchinson only. The County Commissioners are not aware of the true statistics of the Hutchinson Court, only the ones the Clerk wants them to know. In 1984 to date 181 cases have been filed in Hutchinson, approximately the same amount as has been filed in Glencoe. At this rate there will be more filings in Hutchinson this year than last year. What follows is a small table which indicates that cases filed in Hutchinson have been going up every year. 1980 243 1981 182 1982 294 1983 326 Our Deputy Clerk now spends approximately 24 hours a week in Glencoe working only on Hutchinson Court matters, which would lead me to believe that the work load in Hutchinson has not diminished, but is just being handled at a different location. The Clerk says that this is simplification, but to me it seems to be more confusing. An example of this is that when the Deputy Clerk*in Hutchinson prepares for Court on Tuesday she is forced to bring the files, records, money and equipment home with her and keep it overnight on Monday night so that she may bring it to court with her on Tuesday morning in Hutchinson. This is not only inefficient but certainly would be grounds for a legal objection by attorneys if they were to discover that these records are being brought into a private home and not being kept under lock and key. The Clerk has repeatedly talked about cost effectiveness in his department as a reason for this move. In fact, public service jobs such as the Clerk of Court cannot be completely measured on a scale of debit and credit. This service is done with courtesy to the public in mind and to serve the public's needs. With the population of Hutchinson,.ever . increasing..tbere _ is more of a need for a Court division now than ever before. It is difficult for me to understand -- how the Court Clerk can justify having a Deputy Clerk here for the past 12 years working 29 hours a week, serving our community, and then overnight decide that there is suddenly no further need for such Clerk, when in fact the work load has continued to increase over the years. The Clerk has failed to even provide a typewriter for our Deputy Clerk or to attempt to alleviate this situation, although he is well aware of how strongly we feel. DMO:neb (612) 8 79-23 1 > CITY OF HUTCHINSON f Y ' 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 FAR YO MEMORANDUM URIN/"0 RMgr /0 N DATE: Sept. 5, 1984 TO: _ Mayor and City Counc i 1 _ _ _ _ _ _ _ _ _ _ _ FROM: _ Ralph Neumann _ _ _ _ _ _ _ _ _ _ _ _ _ SUBJECT: _ Street Improvement Projects _ _ _ _ _ _ _ _ _ _ I would like to request the City Council reconsider 1985 Improvement Projects #85 -01 -7 to Jefferson, #85 -01 -8 and #85- 01 -10. The conditions we now have would isolate the three areas mentioned above which surely would have to be done in the very near future. By tying #7- 8 -9 -10 together, construction costs would be reduced and that particular area would then be all Class C streets. �bo�a POLICE DEPARTMENT MEMORANDUM rT TO Supervisors FROM Chief O'Borsky�(� l SUBJECT Trespassing on Main Street Businesses Cl DATE August 27, 1984 Mr. Jim Corson of Main Street South was in my office to complain about trespassers on the roof of his business. Mr. and Mrs. Corson also live in an apartment above his store at that location. They were awakened on the 27th at approximately 0115 by approximately five young males on the roof. He states he has chased them off the roof before. Mr. Corson states that the subjects have broken the strakes off his fence gate to gain entrance to the roof area. He is also fearful that they will damage his roof which he just had repaired. Mr. Corson will prosecute. Mr. Joe Wesley also contacted me today and expressed many of the same problems and concerns of Mr. Corson. These problems seem to occur mostly on the weekends in the early morning hours. The same people seem to be involved and although Mr. Corson cannot identify any of the subjects he says he has seen them in the park on occasion. I also received a call from Mr. Steve Barton of Aquaria Pets. He lives upstairs from his business. He states that he is constantly awakened by frisbee players, loud stereos, shouting, etc; from the park until 0300 on some nights. He complains that he has called us and officers have been unresponsive and unable to help. He is willing to sign complaints for disturbing the peace. Mr. Barton has contacted the Mayor and all the aldermen to complain about this problem. It seems as if some specific enforcement is in order in and around the park for the next few weeks. I want the supervisor on nights to keep me posted as to what results are achieved. DMO:nb O -G O CD C Z -r7 �1 • STATE OF MINNESOTA 0 DEPARTMENT OF ADMINISTRATION MINNESOTA CABLE COMMUNICATIONS BOARD 500 RICE STREET, SAINT PAUL, M ESOTA 55103 (612) 296 -2545 W 1984 N August 30 1984 5� FOR YOUR INFORMATION: Hubertus Sarrazin Executive Vice President North American Cable Systems Box 777 Hector, Minnesota 55342 Dear Mr. Sarrazin: On August 10, 1984 the Board approved the transfer of the Hutchinson certificate to your company. A copy of the Board's order and the certificat WDD /blf Enclosures: Board Order Certificate Executive Director cc: Gary D. Plotz, City Administrator, Hutchinson/ AN EQUAL OPPORTUNITY EMPLOYER -400-® STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION MINNESOTA CABLE COMMUNICATIONS BOARD 500 RICE STREET, SAINT PAUL, MINNESOTA 55103 (612) 296 -2545 IN THE MATTER OF Application of North American Communications Corporation, a subsidiary of Communications Systems, Inc., for transfer of a Renewal Certificate of Confirmation from Mickelson Media, Inc., d /b /a Crow River Cable TV, to confirm a franchise for a cable communications system operating in the City of Hutchinson ORDER TRANSFERRING RENEWAL OF A CERTIFICATE OF CONFIRMATION Pursuant to Minn. Stat. S 238.09 (1982) it is recognized by this Board that North American Communications Corporation, a subsidiary of Communications Systems, Inc., has transferred the ownership of a franchise in accordance with Board Rules, has submitted in proper form an application containing the information and documentation required by the Board and otherwise meets all requirements of law for transferring a certificate of confirmation to confirm a franchise. THE BOARD ORDERS: In accordance with Minn. Stat. S 238.09 (1982) and after full proceedings of the Board, a renewal of a certificate of confirmation now determined to be valid until expiration date of franchise on June 1, 1989, (unless otherwise prescribed by law), is hereby transferred from Mickelson Media, Inc., d /b /a Crow River Cable TV, to North American Communications Corporation, a subsidiary of Communications Systems, Inc., for a cable communications system operating in the City of Hutchinson under the terms of the confirmed franchise. This order constitutes and shall be evidence of the aforementioned certificate of confirmation. Members of the Board voting in the affirmative: Judith C. Corrao Martin J. Pinkney Jack W. Carlson Jonathan W. Starcevic Janna R. King Lssued: August 10, 1984 ATTEST`— / W. D. Donaldson, Executive Director N EQUAL OPPORTUNITY EMPLOYER. W $9® SF -00006-03 DEPARTMENT TO: FROM: • Administration Cable Communications Board Memb, W. D. STATE OF MINNOA Office Memorandum DATE: August 1, 1984 SUBJECT: TRANSFER OF CERTIFICATE - CITY OF HUTCHINSON PHONE: 288 -0314 The cable franchise granted to Mickelson Media, Inc., d /b /a Crow River Cable TV, by the City of Hutchinson has been transferred to North American Communications Corporation, a subsidiary of Communications Systems, Inc. All requirements of Chapters 2335 (Ownership do Control), 2310 (Sale or Transfer), and 2320 (Certificates) having been met, it is recommended that the Board issue an order transferring the certificate to the new franchisee. A proposed motion is shown below: PROPOSED MOTION M/ ' S/ , that an order be issued transferring an existing certi icate for a cable franchise for the City of Hutchinson from Mickelson Media, Inc. to North American Communications Corporation, a subsidiary of Communications Systems, Inc. W DD /blf (612)587'9151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 FOR YOUR INFORMATION September 4th, 1984 Mr. Jarvis Watnemo 1225 Rolling Oaks Lane Hutchinson, MN 55350 RE: W 100' of Lot 1, Blk. 1, Rolling Oaks 4th Add. Dear Mr. Watnemo: According to County Records, you are owner of the above - referenced tract of land. The City has no record of Council approval of the sale of said tract of land as required by Section 1.70 of Subdivision Ordinance No. 466. This parcel of land transfer will require City Council approval before a building permit can be issued for same. If you have any questions, please contact me. Respectfully, CITY OF HUTCHINSON Marlow V. Priebe Director of Engineering MVP /pv cc: James Reid Homer Pittman Planning Commission City Council ✓ (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 FOP YOUR INFORMATION September 4th, 1984 Mr. James Reid Reid Realty 106 -2nd Ave. S.W. Hutchinson, MN 55350 RE: E 100' of Lot 1, Blk. 1, Rolling Oaks 4th Add. Dear Mr. Reid: According to County Records, you are owner of the above - referenced tract of land. The City has no record of approval by City Council for conveyance of the W 100' of Lot 1, Block 1, which is now owned by Mr. Jarvis Watnemo. Such Conveyance must be approved by City Council according to Section 1.70 of Subdivision Ordinance No. 466. In addition, this letter shall serve notice that the parcel of land you presently own, is non - conforming and no building permit can be issued. The non - conformance is the minimum lot depth requirement of 120 feet. You presently have 100 feet. If you have any questions, please contact me. MVP/PV Respectfully, CITY OF HUTCHINSON X.-� 71- 9,,90 Marlow V. Priebe Director of Engineering cc: Jarvis Watnemo Homer Pittman Planning Commiss n City Counci 0 �,\NNESCI;t4 Za ,-OF Senator TaP`'yd' it Minnesota Department of Transportation BOX 769 2505 TRANSPORTATION ROAD v• WILLMAR. MINNESOTA 56201 August 23 1984 F% 4C J v � Senator John Bernhagen Route 1. Hutchinson, MN 55350 *,-t .6" (612) 231 -5497 G Z T O 2 RE: T.H. 7/22 and School Road T.H. 7122 from Kowe Street to West City Limits In Hutchinson Dear John: You and I met earlier this summer and discussed the intersection of T.H. 7/22 and School Road in Hutchinson. Subsequently, I received a resolution from the City of Hutchinson to study and make improvements to T.H. 7/22 from Kowe Street to the west city limits of Hutchinson (intersection with School Road is within this segment of roadway). We have begun studying the roadway segment and have reached a few preli- minary conclusions. TRAFFIC SPEEDS Speed studies of T.H. 7 on each side of the School Road intersec- tion show that 85% of the traffic travels about 50 MPH in this area (established speed limit is 50 MPH). When we establish speed limits we use the 1185th Percetile Speed ". If we lowere;' the speed limit a continual enforcement problem would result since the public perceives the safe driving speed is 50 MPH. ACCIDENTS We have recorded forty -two (42) accidents on the roadway segment for the 3 year period from 1981 -1983. The locations of the acci- dents were: Location chool Road California Street Les Kouba Parkway Shady Ridge Road 3rd Avenue NW Miscllaneous Locations No. of Accidents 5 4 3 2 7 42 Page 2 August 24, 1984 The accident rate is 3.8 accidents per million vehicle mile (mvm). The statewide average for this type of road is 4.5 accidents /mvm. The twenty -one accidents at School Road are classified by type as follows: Type of Accident Rear r—nd Right Angle Sideswipe - Passing Right Turn Left Turn Other Unknown No. of Accidents ( %) TD-10- 5 (24 %) 1 ( 5 %) 1 ( 5%) 2 (10 %) 2 ( 9%) 3 (14 %) 2121 0-0-9—) The School Road intersection is, by far, the highest accident rate intersection. The highest type of accident is the rear end acci- dent followed by right angle accidents. Our criteria for signal justification based on accident history alone is five (5) or more accidents of the type correctable by a signal (right angle acci- eents) in a 12 month period. The five right angle accidents over the three year period do not justify a signal. We do not consider that rear end accidents will be corrected by signal installation. TRAFFIC COUNTS Traffic on T.H. 7 on this segment of roadway varies from 4,700 vehicles each day on the west end to 10,000 vehicles each day at the east end. Based on past traffic growth and projected city development, we predict these traffic counts may increase to about 7,000 vehicles ea.'. i day and up to 18,000 vehicles each day, respec- tively, by the year 2005. Traffic counts made at School Road in January 1983 indicate a signal is not justified. This summer T.H. 7 has been detoured west of Hutchinson so recent accurate traffic counts have not been obtained. However, it is my opinion that with projected traffic growth in the area, a signal installation is inevitable before too long. Based on this data, my thoughts on development of this segment of highway in chronological order are: 1. Turn lanes should be constructed soon at School Road to reduce the accident rate. We will seek funding to do this as soon as possible by contract or with our Maintenance forces. 0 is Page 3 August 24, 1984 2. Installation of a signal at School Road when traffic counts justify a signal installation. 3. Improve this segment of roadway to 4 -lane standards as the current roadway deteriorates and traffic increases. John, the City of Hutchinson appears to be one of the rapidly deve- loping cities in our district. As a result, we've programmed work on T.H. 15 on the south end of town (1988) and on T.N. 7 on the east end of town (1989). If the growth continues, we will need a major project on T.H. 7/22 on the west end of town in the not too distant future. If you would like, I could meet with you anytime to discuss T.H. 7/22 or any other concerns you may have. Please call anytime. Sincerely, K A.1Y�ms. K. A. Madole District Engineer (612) 587 -5151 y�cM' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST I- V HUTCHINSON, MINN. 55350 k August 28, 1984 G John A. Blumenfeld Jr. Bank Council and Assistant Secretary First Bank Minneapolis First Bank Place i Minneapolis, MN 55480 RE: City of Hutchinson $750,000 General Obligation Library Bond, 1984 Series. Dear Mr. Blumenfeld: Jerry Gilligan has referred your letter of August 21, 1984 to my office. A review of the questions raised by Mr. Reyerson in his letter to Hr. Glaman maybe in order at this time. In the fall of 1981 I was asked to research the question whether the city has the authority to expand the Hutchinson Public Library at its current location. Mr. Reyerson contended that use Public Square property for a library is inconsistent with purposes-of a Public Square. My research indicated that it would be permissible to expand the Hutchinson Public Library at its present site. The results of this research was summarized in a letter to the Hutchinson City Administrator dated October 26, 1981 and is provided as attachment one hereto. In response to questions to certain members of the Hutchinson City Council on November 5. 1981 I sought an opinion on this issue from the Attorney General's office. A copy of my November 5, 1981 letter is enclosed as attachment two. On December 22, 1981 the Attorney General's office replied to my requests stating, "Were the matter to be litigated, a court, applying the above- quoted principles to the facts you described, might well be expected to find a reasonable expansion of the city library facilities on to portion of the property in question permissible." A copy of this December 22, 1981 opinion was sent to Mr. Reyerson. That opinion and the accompanying letter are included as attachments three and four. On January 4, 1982, Mr. Reyerson contacted then Mayor James G. DeMeyer and indicated that,he felt the Attorney General was not given sufficient facts on which to make his decision. In response to this January 4. 1982 letter, I contacted Mayor DeMeyer and indicated that I felt that Mr. Reyerson's letter of January 4, 1982 reached an incorrect conclusion and that I John A. Blumenfeld, Jr. August 28, 1984 Page Two continue to stand by my previous recommendations that the library could be expanded at its present location. I am enclosing copies of the Reyerson letter of January 4, 1982 and my letter of January 6, 1982 as attachments five and six. This was the way the matter stood until the early fall of 1983. At that time, the Hutchinson City Council determined to place before the city voters a referendum question seeking funding for expansion of the Hutchinson Public Library on its present location. Approximately ten days prior to the election, Mr. Reyerson provided myselfand .members of the - Hutchinson City -r Council with a copy of an 1879 District Court decision dealing with the Public Square property. This is the document that had been previously provided you by Mr. Reyerson. My review of this court decision did not alter my belief that the library could be expanded at its present site. In conversations with Mayor DeMeyer, Mr. DeMeyer informed me that Mr. Reyerson had stated that he intended to distribute flyers to the general public prior to the election alleging that any expansion of the library on the Public Square would be illegal. Both Mr. DeMeyer and myself felt that any such distribution could have a very d.etrimental effect on the bond issue. It was therefore suggested that a second letter to the Attorney General be prepared outlining the new information provided by Mr. Reyerson. Mr. Reyerson agreed that such proposal would be acceptable and that if the matter would be referred to the Attorney General's office by Mr. DeMeyer, Mr. Reyerson would take no immediate action that might effect the bond issue. I therefore prepared a letter to the Attorney General's office on city attorney stationary for the signature of Mr. DeMeyer. That letter is enclosed as attachment seven. You will note that the letter contains all of the facts which Mr. Reyerson felt pertinent in his January 4, 1982 letter and which he felt had been omitted from my November 5, 1981 letter to the Attorney General. I quoted from Mr. Reyerson's January 4, 1982 letter extensively in order to make sure that no details Mr. Reyerson felt pertinent would be omitted or withheld from the Attorney General. I also enclosed a complete copy of the 1879 court decision provided me by Mr. Reyerson. On December 21, 1983, the office of the Attorney General responded to the additional information provided in the November 3, 1983 letter to the Attorney General. They stated, "Since the additional information furnished with your letter suggests no reason for concluding otherwise, we adhere to the view expressed in our prior letter." This Attorney General's response is enclosed as attachment eight. Mr. Reyerson's basic contention is that since the library is built on a Public Square, expansion of that facility on the Public Square would be contrary to the intention of the 0 0 John A. Blumenfeld, Jr. August 28, 1984 Page Three dedicators of the property. Mr. Reyerson continually refers to the case of Headley v. City of Northfield, 35 NW 2d 606. I fully agree with Mr. Reyerson s assertion that the designation of that area as a "Public Square" limits the uses to which the city may place that property. Mr. Reyerson fails to comment on the case of Allen v. Village of Savage, 261 Minn. 334, 112 NW 2d 807. This case, decided in 19 1, permitted the expansion of a liquor store on a Public Square in the Village of Savage based upon factual determinations that were remarkably similar to the situation which exists in Hutchinson. I_feel that the city has done extensive research into this area and that my original opinion of October 26, 1981 has been upheld on two separate occasions by.independent research conducted by the Attorney General's office. Although no one can say for a certainty that the city would prevail should any legal action be instituted, I feel that the city is on strong legal ground and that the sale of the bonds and the construction of the library should proceed as scheduled. I would note that in Mr. Reyerson's August 6, 1984 letter to Mr. Glaman, Mr. Reyerson indicates that he had presented the matter to the County Board, McLeod County, Minnesota but no decision had at that time been reached. I provided the information which I have enclosed in this communication to the McLeod County Attorney and to all the members of the McLeod County Board. The McLeod County Board has officially determined to take no action that would seek to prevent either the sale of bonds in this matter or the construction of the Public Library on its present location. I sincerely hope that the information which I have provided clarifies any questions you may have about issues that may have been raised by Mr. Reyerson. I trust that this mass of documents will not constitute "over kill ". I have provided them to you simply because I feel that all persons involved with the issuance of the bonds should be aware of the existence of Mr. Reyerson's complaints and the actions taken by the city to investigate his legal assertions. If you have any questions concerning this matter, please feel free to contact me directly. Sincerely yours, CITY OF HUTCHIP ?SON By/ JHS:dlp Enclosures cc: Jerry Gilligan Gary D. Plotz James H. Schaefer Hutchinson City Attorney 0 PIONEERLAND LIBRARY SYSTEM Executive Committee Meeting August 13, 1984 Present: LeRoy Sanders, Willmar, President Phil Gulstad, Dawson, Vice President Jeanette Buchanan, Willmar, Secretary Wayne Hebrink, Renville, Finance Chair Lilah Buhr, Stewart Judy Oestriech, Litchfield Jeanne Lundstrom, Cosmos (Alternate) Burton L. Sundberg, Director Robert Boese, Associate Director Katherine Matson, Associate Director Absent: Sue Nelson, Benson, Treasurer* *Excused absence E MR YOUR INFORMATION Representing: „ I Chairman Sanders called the meeting to order at 7:35 p.m. Willmar Dawson Willmar Kandiyohi County McLeod County Litchfield Meeker County Buhr /Buchanan moved and seconded the minutes of the July 9 meeting for approval as distributed. Carried. Treasurer's report -- In the absence of the Treasurer, W. Hebrink reviewed the report and found it to be in order. Hebrink / Gulstad moved and seconded that the Treasurer's Report be accepted. Carried. Director's Report -- It was noted that all materials sent to the Executive Committee were also sent to all Board members. The statistical report was reviewed. A correction was made to the Hutchinson totals -- 1983 Hutchinson total should be 6,748 and the total should read 64,241. Newspaper clippings were circulated. The listing of payroll and vendor checks was available to the Finance Committee. Hebrink /Buhr moved and seconded payment of bills. Carried. Committee and Project Updates: 1. SAMMIE -- A questionnaire was mailed to all types of libraries in Minnesota last spring regarding a evaluation of the multi -type program. Results of the questionnaire have now been compiled and will be summarized and analyzed. Results of the study will be brought to the PLS Board at a later date. 2. Personnel Committee Report -- Oestreich /Buhr moved and seconded the recommendation that the July 26 Personnel Committee report be approved by the PLS Board in September. Carried. Copies of the Personnel Committee Report will be distributed with the September agenda. Communications: 1. Payment of $12,000 from the state has been received by PLS for the second merger implementation grant. 2. The state library agency (LDS) has authorized payment of $44,880 to reach us by August 15. This is the first quarter payment for FY 1985. 3. 1985 Budget -- Mr. Sundberg will attach a memo to the budget requests for 1985 indicating a 7.48 average increase plus $.15 per capita for funds for automation. 4. Meetings -- K. Matson and R. Boese have met with Sharon Charles, the state con- sultant for automation. Ms. Charles spent one day each in Montevideo and Willmar reviewing interlibrary loan procedures. She will return later and present recom- mendations for better efficiency, etc. 5. K. Matson reported on the trip sponsored by PLS to the University of Minnesota libraries. 6. The city of Cosmos will be doubling the current size of the library structure. Completion should be this fall. 7. A letter has been received from the Hector Library Board regarding the possibility of joining Pioneerland. The consensus of the Executive Board was to send them information regarding the policy and procedure of being a branch library/ "island city." All current governing bodies must approve any new cities, etc., joining the PLS. 8. System's Director's Meeting -- This was held recently in Virginia with the main topic being the formula for state aid distribution. The formula accepted was: 57.59 population 159 area 12.59 equal amount to each system 159 equalization due to low per capita valuation This formula must be adopted by the Minnesota Board of Education and the legislature before going into effect. 9. Meeker County cuts in service -- B. Sundberg and L. Sanders attended a recent meeting of the Meeker County Board of Commissioners. Discussion was held by the Executive Committee regarding the situation and it was decided that letters should be sent to all governing units inviting them to send at least one delegate to a meeting regarding the 1985 budge -.proposalI This: meeting will. be- held on September 10 -_ at 6:30 p.m. with Executive Committee members and delegates from the governing units. The regular Board meeting will follow at approximately 7:30 p.m. Unfinished Business: 1. Approval of 1985 local budget requirements -- the attached chart indicating the amounts to be requested as calculated from the agreement formula and the library budget was reviewed. Lundstrom/Buhr moved and seconded acceptance of the chart. Carried. The meeting was adjourned at 9:40 p.m. Jeanette Buchanan Secretary 0 • * August 1984 ONEERLAND LIBRARY SYSTE4 Treasurer's Report Sue Nelson, Treasurer INCOME THIS MONTH YEAR TO DATE BUDGET Balance: $121,016.74 $108,341.91 Receipts: State /Federal Aid 44,880.00 115,366.00 167,266.00 Big Stone County 16,027.50 21,370.00 *Chippewa County 51,231.00 * 68,308.00 Kandiyohi County 66,309.00 88,412.00 McLeod County 20,409.54 57,962.00 Meeker County 39,442.50 56,547.00 Glencoe 15,901.50. 21,202.00 Graceville 2,667.00 3,556.00 Hutchinson 34,720.50 46,294.00 Litchfield 25,993.50 34,658.00 Ortonville 8,799.75 11,733.00 Willmar_ 54,252.75 72,337.00 Appleton 6,106.50 8,142.00 Benson 12,120.00 16,160.00 Bird Island 1,605.25 4,815.75 6,421.00 *Dawson 6,301.50 * 8,402.00 Kerkhoven 2,523.00 3,364.00 *Madison 7,332.75 * 9,777.00 Renville 5,240.25 6,987.00 Cash Receipts 2,979.34 27,035.79 36,000.00 Gifts 200.00 2,025.58 Interest (Later) 5,122.98 5,000.00 Reimbursements (Local Gov't) *Chippewa County 22,319.25 * 29,759.00 *Madison 2,364.00 * 3,152.00 *Dawson 3,697.50 * 4,930.00 Other Reimbursements 159.23 10,758.14 10,000.00 Other (KCWL) 946.00 Total Receipts: $ 49,823.82 $569,829.53 $797,739.00 Glencoe Fund 7,375.00 Contingency 3,000.00 Implementation Grant (1983) TOTAL RECEIPTS & BALANCE: $170,840.56 $678,171.44 $832,114.00 (Implementation Grant spent in 1983) (3,848.00; $828,266.00 Page 1 (OVER) PIONEERLAND LIBRARY SYSTEM EXPENDITURES: _ ACCT GROUP... LI BFAR� - ._._ M PERSONAL SERVICES Treasurer's Report (Continued) "TO VTD 2 OF ERP CURRENT EXPENDITURES - EKPLNOTTURES- TO EST " -'- -- BUDGET-- .00 .00% SALARIES ANG PACES 42.931.20 36,0S9.53 67.67% 53S.500.00 HEALTH INSURANCE -- ------ - --� -- _ -- _ - 2.169.41 16.920.89` - 66.36 % - -_ - -- 25.500.00---_ - RETIREMENT INSURANCE 3.693.24 33.286.13 65.27% 51.000.00 ACCT GR OUR 48.793.85 412.566.55 67.41% 612,000.00 - - MATERIALS - BOOKS - ADULT 6.476.12 33.173.11 69.63% 47.645.00 --BOOKS - CHILDREN 501.144.494.9432.1!% _ GENERAL REFERENCE - 44a al ♦.309:74 93:691 _14.000.00___' - h•600.00 PERIODICALS 329.69 11.008.98 78.64% 14.000.00 PAMPHLETS 200.00 203.00 67.67%_ 300.00 8MM E 16MM EIIMi __ -.00 _ - 3.740.50 93.51% ;:000.00 VIDEO DISCS .00 934.75 31.16% 3.000.00 VIDEO TAPES .00 1.025.00 78.85% 1.300.00 _ _ AUDIO OISCS _ AND TAPES-------- - -` - -- - "129.01 - - -- J- 157.61-- 32. -61% _ --300.00 - SLIDES AND FILM STRIPS .00 .00 .00% 200.00 INDING MS .00 544.41 90.74% 600.00 B BINDING _ ACCT GROUP... GROUP... 8.405.64 60.419.76 66.73% 90.545.00 CATALOGING _ _ _____ OCLC CHARGES _ .00 16.780.71 Z19�86% 14.000.0E COM VENDOK CHARGES 110.00 5.107.49 63.84% 0000.00 ACCT GROUP... 110.00 21.8-88.20 99.49% 22.000.00 VEHICLES OPERATION AND MAINTENANCE 1.388.30 11.019.28 78.78% 14.000.00 _ INSUPANCE .00_ 1.038.06_103.81% 1.000.00 AMORTIZATIO N _ ______ _ __ - - - - -- .DO __ -- 3.000.00 _ 100.001 3.000.00 ACCT GROUP... 1.386.30 15.067.34 83.71% 18.000.00 COMMUNICATION TELEPHONE AND LINE ----------- - - - -�- -� - -� -- 673.46-' -- - - - - "6 .632.75- '9b.7SV -- T,OCOLOO- TERMINAL MAINTENANCE • .OD 84.79 6.06% 1.400.00 POSTAGE AMC SHIPPING 664.04 - 5•10C.69 56.67% 9,000.00 -ACCT. ._._ .ROUP... _ ��1.337.50 - - 11.818.23- - 67.921 - - -- - 17.400.00 -- -; EQUIPMENT NEW 38.25 2.621.30 29.13% 9,000.00 _EQUIPMENT__ _ A/V EQUIPMENT _ - -' -' - "" - - - - "- .00 987:81 -- 98.78% Z.000.00- EUUIPMENI MAINTENENCE 1.357.54 6.302.03 105.03% 6.000.00 EQUIPMENT RENTAL - -- --- 155.30 1.410.78 78.38%_ 1,800.00 _ 17:800.00 - OTHER CUSTODIAL SUPPLIES ANC EQUIPMENT 134.16 690.95 69.10% 1,000.00 SUPPLIES AND PRINTING - 7.855.91 -16. DSZ.16 -�- 00:33% _ Ib.000.00- PROMOTIONAL AND PROGRAMMING .DO 256.42 25.84% 1.000.00 _MILEAGE AND MEETINGS =STAFF 845.40 4.547.73 113.69% 4.000.00 MILEAGE ANOMEETINGS - _ _ TRUSTEES-- ;gg.79 - 3.OTp:3(- 76.76%- -- 4000.00- - PROF. MLM8ERSHIPS IIRUSTELSI .00 465.00 100.00% 46S.00 _ INSURANCE _ _ _ _ .0D 4.748.12 79.14% 6,000.00 ADS ANB LEGAL NOTICES 9.20_ Itt.74 119.14% 18::.00 BOOKKEEPING 225.00 1.941.38 64.71% 3.000.00 CONTINUING EDUCATION _.-- .00 .00 .00% 200.00_ __ ____ �AC[T� ,.ROUP ... 3. 468.44 - �;t 668.81 41.633 361.965 �0 SPECIAL _ GLENCOE FRIENDS• 1983 .00 3,466.97 45.32% 7.650.00 tONTINGE%lCY - -_ -- -- - .00 - [,952.01 ------ b5oO7%-- 3•000.00 GRANT. RINGS .00 15.93 .46% 3,500.00 GRANT .00 .00 .00% .00 - -- ACCT GROUP- -' -.UO _ - - - -- 5.434.94 ---38.4 __ It _ - 14.150.00 ORG. TOTAL... 65.054.87 57Z.385.75 69.06% 828.860.00 REVERSAL FOR VOIDED CHECK ENDING CASH BALANCE ( +529.86) ( +529.86) $106,315.55 $106,315.55 Paget i 6