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cp07-26-1983 cHUTCH INSON CITY CALENDAR WEEK OF T O , cQ WEDNESDAY -27- SUNDAY -24- THURSDAY -28- N MONDAY -25- Noon - Safety Council Meeting at Fire Station 1:00 P.M. - Utilities Commissic Meeting at Utilities FRIDAY -29- GARY PLOTZ - July 24- Aug. 12 TUESDAY -26- I 3:00 P.M. - Open Bids for 1983 Improvement Bonds at City Hall 7:30 P.M. - City Council Meeting at City Hall SATURDAY -30- r r AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 26, 1983 �1. Call to Order - 7:30 P.M. �. Invocation - Reverend Eldon Albin - Assembly of God Church 0. Consideration of Minutes - Regular Meeting of July 12, 1983 Action - Motion to approve - Motion to approve as amended /4. Public Hearing None v'S. Communications, Requests and Petitions None L) 6. Resolutions and Ordinances ,�a) Ordinance No. 11/83 - An Ordinance Prohibiting Peddlers Or Solicitors from Entering Upon Certain Premises Within the City of Hutchinson, Minnesota and Providing Penalties for Violation Action - Motion to reject - Motion to waive second reading and adopt �/(b) Ordinance No. 12/83 - An Ordinance Relating to the Licensing of Peddlers, Solicitors, and Transient Merchants and Providing Penalties for Violations Thereof Action - Motion to reject - Motion to waive first reading and set second reading for August 9, 1983 V(c) Ordinance No. 13/83 - Ordinance Amending Section 710:00 of the 1974 Ordinance Code of the City of Hutchinson, Entitled One way Traffic Action - Motion to reject - Motion to waive first reading and set second reading for August 9, 1983 ./(d) Ordinance No. 14/83 - An Ordinance Granting to Hutch Agri -Tech the Right to Maintain A Structure Upon Certain City Owned Right of Ways In the City of Hutchinson, State of Minnesota Action - Motion to reject - Motion to waive first reading and set second reading for August 9, 1983 Y COUNCIL AGENDA JULY 26, 1983 /(,e) Resolution No. 7457 - Resolution for Purchase Action - Motion to reject - Motion to waive reading and adopt ✓(f) Ordinance No. 15/83 - An Ordinance Regulating the Parking of Motor Vehicles And Other Vehicles On Certain Streets of the City of Hutchinson, Minnesota And Providing Penalty for Violation Thereof Action - Motion to reject - Motion to waive first reading and set second reading for August 9, 1983 7. ReDorts of Officers. Boards and Commissions ,/(a) Monthly Financial Report - June 1983 Action - Order by Mayor received for filing /(b) Minutes of Planning Commission dated June 21, 1983 Action - Order by Mayor received for filing ✓(c) Minutes of Fire Department dated June 6, 1983 Action - Order by Mayor received for filing /(d) Minutes of Tree Board dated June 21, 1983 Action - Order by Mayor received for filing J(e) Minutes of Park & Recreation Board dated June 1, 1983 Action - Order by Mayor received for filing ✓(f) Minutes of Airport Zoning Board dated May 25, 1983 Action - Order by Mayor received for filing 8. Unfinished Business /(a) Consideration of Awarding Bid for 1983 Improvement Bonds Action - Motion to reject - Motion to approve and waive reading and adopt Resolution No. 7462 /(b) Consideration of Awarding Bid for Project 83 -01 -16 (DEFERRED JUNE 14, 1983) Action - Motion to reject - Motion to approve and waive reading and adopt Resolution No. 7455 ,/(c) Consideration of Parking Lot Layout for Masonic Temple Site (DEFERRED JUNE 14, 1983) Action - Motion to reject - Motion to approve plan • -2- COUNCIL AGENDA JULY 26, 1983 ✓(d) Consideration of Request from Citizens Bank for Beautification On First Avenue Southwest (DEFERRED JULY 12, 1983) Action - ,/(e) Consideration of Awarding Bid(s) for Group Life and Accidental Death and Dismemberment, Long -Term Disability and Dental Insurance (DEFERRED JULY 19, 1983) Action - Motion to reject - Motion to award bid(s) as recommended by Insurance Consultant ,/(f) Consideration of Street Maintenance Program, Project 83-07 Action - V(g) Consideration of John McLaughlin Property Action - Motion to reject - Motion to approve and call for bids ./(h) Presentation by City Attorney Concerning Appraisals for Parking Assessment Settlement Action - Motion to reject - Motion to approve and authorize appraisals 9. New Business 4a) Consideration of Delinquent Water and Sewer Accounts Action - Motion to authorize extension of payment period - Motion to authorize discontinuation of service t/(b) Consideration of Request for Hutchinson Fire Marshall to Inspect McLeod County Jail Action - Motion to reject - Motion to approve request J(c) Consideration of Request by Hutchinson Ambassadors for Food Concessions Skand Permit In Library Square Park for Arts and Crafts Festival Action - Motion to reject - Motion to approve V1 (d) Consideration of Application for Gambling Devices License and Bingo License by Elks Club Action - Motion to reject - Motion to approve and issue license ma COUNCIL AGENDA JULY 26, 1983 f(e) Consideration of Handicap Sign On Northwest Side of Building at 101 Park Place Action - Motion to reject - Motion to approve posting sign ,/(f) Consideration of Preliminary Grant Application for Former "Antique Shop" Site (Weseloh Property) Action - Motion to reject - Motion to approve and authorize grant application ,/(g) Consideration of Preliminary Grant Application for Development of Bass Pond Area Action - Motion to reject - Motion to approve and authorize grant application �(h) Consideration of Application for License to Sell Cigarettes at Retail by Erickson Big "D" and Valu Drug Action - Motion to reject - Motion to approve and issue license ,/(i) Consideration of Application for "Off Sale" Non- Intoxicating Malt Liquor License for Erickson Big "D" and Valu Drug Action - Motion to reject - Motion to approve and issue license ✓(j) Consideration of Application for "On Sale" Non - Intoxicating Malt Liquor License by Hutchinson Jaycees for July 31, 1983 Action - Motion to reject - Motion to approve and issue license /(k) Consideration of Request for Variance As Submitted by Eugene Havelka with unfavorable recommendation of Planning Commission Action Motion to reject - Motion to approve ✓(1) Consideration of Request for Conditional Use Permit As Submitted by Merlin Eggersgluess with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve and waive reading and adopt Resolution No. 7458 ✓(m) Consideration of Request for Conditional Use Permit As Submitted by Pure Culture Products with favorable recommendation of Planning Commission, with contingencies Action - Motion to reject - Motion to approve and waive reading and adopt Resolution No. 7459 -4- • • • a COUNCIL AGENDA JULY 26, 1983 ✓(n) Consideration of Request for Variance As Submitted by George Th elen with unfavorable recommendation of Planning Commission Action - Motion to reject - Motion to approve N(o) Consideration of Request for Preliminary and Final Plat for Mac's Bluff Addition As Submitted By Anthony Machtemes Action - Motion to reject - Motion to approve and waive reading and adopt Resolution No. 7460 (p) Consideration of Request for Variance As Submitted by Charles Miller with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve and waive reading and adopt Resolution No. 7461 /(q) Consideration of Property Owners Complaint About Dog Kennel Action - `/(r) Consideration of Merit Adjustments for Hourly Employees Action - Motion to reject - Motion to approve merit adjustments 10. Miscellaneous J(a) Communications 11. Claims, Appropriations and Contract Payments (a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. Adjournment -5- 0 • (612) 587 -5151 'CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 July 26, 1983 Hutchinson City Council Dear Councilmembers: Due to a conflict in my schedule I will be unable to attend the entire city council meeting on July 26, 1983. I have discussed this matter with the Mayor and he has agreed to move several of the items to the beginning of the agenda in order to facilitate action which may call for input from the city attorney. These include the following items: Item 6 (a) This is the ordinance that prohibits peddlers or solicitors from entering private property if that property is appropriately posted. The ordinance was unanimously passed at the last council meeting and this is simply the second reading. Item 6 (b) This is the ordinance that seeks to license peddlers, solicitors and transient merchants. Neither John Brinkman nor Clarice Coston will be able to attend the meeting and they have requested that this item be deferred until the next council meeting. Item 6 (c) This ordinance deals with the conversion of the alleyways on either side of Main Street to one -way traffic. In discussing the matter with the Mayor, he suggested that the following change in language might make the ordinance more readily understandable "Subd. 3. All alleyways located between Main Street and Franklin Street commencing at Second Avenue Northwest on the North and terminating at Fourth Avenue South- west on the south are hereby designated one -way northbound. Subd. 4. All alleyways located between Main Street and Hassan Street commencing at First Avenue Northeast on the north and terminating at Fourth Avenue Southeast on the south are hereby designated one -way southbound." Item 6 (d) This ordinance grants Hutch Agri -Tech the right to maintain a structure already located on city property. You will note that if the structure is ever removed by either destruction, demolition or condemnation, the right to maintain the structure under the terms of this franchise shall automatically be terminated. Hutchinson Councilmembers July 26, 1983 Page Two Item 6 (f) This is the ordinance creating a no parking zone in that area in front of the north entrance to Le Bristo Cafe. Item 8 (a) I have reviewed the bond documents and find them acceptable. Item 8 (g) I would request that the city be authorized to seek bids for the removal of the structure located on the John Mciaughlin property. The bid advertisements should indicate that the city has the right to reject any and all bids and that the bidder would be required to hold the bids open for at least thirty days. This would allow more than adequate time to obtain any court approval necessary to remove the structure. Item 8 (h) I request that this item be deferred until both attorneys for Appellants have had time to obtain estimates for the costs of appraisals. Item 9 (q) Officer Roger Bakken has contacted the owner of the kennel located at 574 Madson Avenue and indicated that he may be in violation of the Hutchinson Zoning Ordinances. A dog kennel is one of the prohibited uses in R2 or Rl zone area. A dog kennel is defined as "any premises where three or more dogs, over four months of age are owned, boarded, bred and or offered for sale." I suggest that no immediate action be taken on this matter until we determine whether the owner will comply with the ordinance as requested by the Hutchinson Police Department. In the meantime it may be advisable to amend the definition of dog kennel to delete the requirement that the dogs be over four months of age. It would seem that it is the number of dogs combined with their being kept for business purposes that would determine whether it is a kennel rather than the age of the dogs. Sincerely yours, SCHAEFER LAW OFFICE By James H. Schaefer Hutchinson City Attorney JHS:dlp MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 12, 1983 1. The meeting was called to order by Mayor DeMeyer at 7:30 P.M., with the follow- ing present: Alderman Mike Carls, Alderman John Mlinar, Alderman Ted Beatty, and Mayor James G. DeMeyer. Absent: Alderman Kenneth Gruenhagen. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City At- torney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Eldon Albin. 3. MINUTES The minutes of the bid openings of June 21, 1983 and July 7, 1983; public hear- ing of June 27, 1983; and regular meeting of June 28, 1983 were approved as pre- sented, upon motion by Alderman Beatty, seconded by Alderman Mlinar and unani- mously carried. 4. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 166 The public hearing was called to order at 8:30 P.M. City Engineer Priebe reported on the state aid project No. 83 -01 -16 for Second Avenue Southeast between Adams Street and Huron Street. Be stated the estimated total cost of the improvement would be $94,320. The motion was made by Alderman Beatty, seconded by Alderman Mlinar, to close the hearing at 8:32 P.M. Motion unanimously carried. It was moved by Alderman Beatty to approve Assessment Roll No. 166 and to waive reading and adopt Resolution No. 7454. Motion seconded by Alderman Mlinar and approved unanimously. Ms. Lucile Ulrich, 205 Adams, inquired why the property owners were being assessed again for the street, curb and gutter when they had already been assessed for the same project. The curb and gutter was removed and redone within a short time after installation. She also wondered why the property owners had to pay for truck traffic. The City Engineer responded that the property owners would be assessed for residential street costs, while the city would pay for the truck route. Mr. Keith Griebie, 1010 Lewis Avenue, questioned why only two blocks were being madea nine -ton street. He wondered if it was feasible to do two blocks at this time. W COUNCIL MINUTES JULY 12, 1983 City Engineer Priebe reported that corner lots are assessed on the short side, and therefore, the assessment would be for 66 feet. He pointed out it would not be feasible to build the street as a nine -ton street at this time, but it will become a nine -ton street up to the Industrial Park on the east. 5. COMMUNICATIONS, UQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY HUTCHINSON DOWNTOWN RETAIL ASSOCIATION TO USE CITY SIDEWALKS FOR CRAZY DAY SALE ON JULY 20, 1983 Following discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar and unanimously approved, to grant permission for the use of city sidewalks for Crazy Day. (b) CONSIDERATION OF APPOINTMENT OF REV. THOR SKEIE TO HOSPITAL BOARD It was moved by Alderman Carls, seconded by Alderman Beatty, to ratify the appointment of Rev. Thor Skeie to the Hospital Board. Motion approved unan- imously. (c) CONSIDERATION OF PARKING IN FRONT OF LE BISTRO CAFE Mayor DeMeyer reported he had received an unsigned letter from a Hutchinson resident who expressed concern regarding parking in front of the Le Bistro Cafe. The Mayor asked the City Clerk to check with the Police Department regarding parking in this area, with a report to be presented at the next Council meeting. City Engineer Priebe stated that diagonal parking throughout the block by Le Bistro Cafe was approved by the Council, but it was not in the plan for parking in front of the cafe. It was his suggestion to mark the area "no parking." The City Attorney was directed to draft an Ordinance for the no parking zone at Le Bistro Cafe for the July 26 meeting. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7440 - RESOLUTION OF APPRECIATION FOR BUELL FOGG Following the reading of Resolution No. 7440, Alderman Beatty moved to adopt said Resolution. Motion seconded by Alderman Mlinar and unanimously carried. (b) RESOLUTION NO. 7437 - RESOLUTION ADOPTING $62,500 FROM THE HUTCHINSON UTILITIES COMMISSION After discussion, the motion was made by Alderman Mlinar, seconded by Alderman Beatty, to waive reading and adopt Resolution No. 7437. Motion approved unanimously. -2- • • E COUNCIL MINUTES JULY 12, 1983 • (c) ORDINANCE NO. 11/83 - AN ORDINANCE PROHIBITING PEDDLERS OR SOLICITORS FROM ENTERING UPON CERTAIN PREMISES WITHIN THE CITY OF HUTCHINSON, MINNESOTA,AND PROVIDING PENALTIES FOR VIOLATION City Attorney Schaefer commented that this Ordinance addresses the door - to -door salesman. No peddler or solicitor shall be allowed to enter in or upon any premise bearing a sign or placard stating "Peddlers and Soli- citors Prohibited." Following discussion, Alderman Beatty moved to waive the first reading and set second reading for July 26, 1983. Motion seconded by Alderman Carls and carried unanimously. (d) ORDINANCE NO. 12/83 - AN ORDINANCE RELATING TO THE LICENSING OF PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF There was a lengthy discussion concerning the wording in the Ordinance, especially relating to the requirement in section 5 for local groups and/ or individuals to register at City Hall prior to selling door -to -door. It was pointed out the purpose of the Ordinance was to protect the local residents from merchants selling faulty merchandise. The motion was made by Alderman Beatty to waive the first reading and set the second reading for July 26, 1983. Motion seconded by Alderman Mlinar, with Aldermen Beatty and Mlinar voting aye and Alderman Carls and Mayor DeMeyer voting nay. Motion failed. After further discussion, Alderman Carls moved to direct the City Attorney to amend the transient merchant Ordinance byxaking into account the discus- sion of this evening and to put together a section on the exemptions that would be more acceptable as brought out in dialogue. Motion seconded by Alderman Beatty and unanimously carried upon roll call. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S REPORT - JUNE 1983 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF NURSING HOME BOARD DATED MAY 24, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS -3- COUNCIL MINUTES JULY 12, 1983 (a) CONSIDERATION OF ONE -WAY ALLEYS IN DOWNTOWN AREA (DEFERRED MAY 24, 1983) City Administrator Plotz presented a report on the results of the alley survey taken in the downtown area. After discussion, Alderman Beatty moved to instruct the City Attorney to draft an Ordinance adopting one -way alleys on the west side of Main Street, between Main Street and Franklin Street from the river to Fourth Avenue Southwest and that the alleys be one -way from the south to the north; and on the east side of Main Street from the river to Fourth Avenue Southeast, the alleys be one -way from the north to the south. Motion seconded by Alderman Mlinar and unanimously approved. (b) CONSIDERATION OF REQUEST FROM CITIZENS BANK FOR BEAUTIFICATION ON FIRST AVENUE SOUTHWEST (DEFERRED JUNE 28, 1983) This item was deferred until the next Council meeting. (c) CONSIDERATION OF AWARDING BID FOR PROJECT NO. 83 -06 (DEFERRED JULY 7, 1983) City Engineer Priebe reported on the non - assessable underground work in the area approved for street construction between Main Street South and Fifth Avenue Southwest. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Beatty, to approve and awad bid to Juul Contracting Co. in the amount of $72,022. Motion unanimously carried. It was moved by Alderman Mlinar to waive reading and adopt Resolution No. 7442. Motion seconded by Alderman Beatty and approved unanimously. (d) CONSIDERATION OF AWARDING BID FOR PROJECT 83 -01 -15 (DEFERRED APRIL 25, 1983) The City Engineer presented a report on project No. 83 -01 -15 for improve- ment on First Avenue Southwest for construction of curb and gutter, street surfacing, sidewalk and appurtenances. It was his recommendation to award the contract to Buffalo Bituminous, low bidder, in the amount of $56,564.50. After discussion, Alderman Beatty moved to approve and award the bid to Buffalo Bituminous. Motion seconded by Alderman Mlinar and carried unani- mously. It was moved by Alderman Beatty, seconded by Alderman Mlinar, to waive read- ing and adopt Resolution No. 7441. Motion approved unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF AGREEMENT FOR STATE AID FOR AIRPORT MAINTENANCE AND OPERATION • -4 0 COUNCIL MINUTES JULY 12, 1983 0 City Administrator Plotz reported the State would reimburse the city two - thirds of the direct, actual maintenance and operation costs for the air- port not reimbursed by any other source, not to exceed $5,000 of State aid for each fiscal year. The agreement would be in effect until June 30, 1985. Following discussion, it was moved by Alderman Beatty, seconded by Alderman Carts, to approve the agreement and waive reading and adopt Resolution No. 7436. Motion approved unanimously. (b) CONSIDERATION OF RESIGNATION OF ASSISTANT CITY ATTORNEY It was reported that Attorney John Keefe had submitted his resignation as Assistant City Attorney. His services had only been used once during the past two years. Attorney Keefe would, however, be available on an on -call basis. Alderman Beatty moved to accept the resignation of the Assistant City At- torney. Motion seconded by Alderman Carls and carried unanimously. (c) REVIEW OF TRUCK ROUTES THROUGH CITY BY CITY ENGINEER City Engineer Priebe presented a proposed truck route through the city of Hutchinson. It was suggested that signs be posted to mark the various truck routes. Mr. Priebe reported he had talked to Bob Peterson of Rockite Silo regarding the speed of his drivers in the area of Northside Grocery. Since Prospect Street is a state aid street, it would not be possible to re- direct traffic. After discussion, the motion was made by Alderman Beatty to approve the proposed streets as truck routes. Motion seconded by Alderman Mlinar. The motion was amended by Alderman Beatty to instruct the City Attorney to draft an Ordinance to establish truck routes.as presented. Motion to amendment seconded by Alderman Beatty and carried. The motion unanimously carried. (d) CONSIDERATION OF APPLICATION FOR GAMBLING DEVICES LICENSE BY V.F.W. POST NO. 906 Following discussion, Alderman Mlinar moved to approve the application and issue a gambling devices license to the V.F.W. Motion seconded by Alderman Beatty and approved unanimously. (e) CONSIDERATION OF APPLICATION FOR RETAIL "ON SALE" NON- INTOXICATING MALT LIQUOR LICENSE: 1. HUTCHINSON JAYCEES 2. LYONS CLUB -5- COUNCIL MINUTES JULY 12, 1983 The Hutchinson Jaycees and Lyons Club submitted applications to sell non - intoxicating malt liquor covering several dates. It was determined by the Council, with the recommendation of the Police Department, that each application date be approved on a one -time basis. Following lengthy discussion, it was moved by Alderman Beatty to grant a license to the Hutchinson Jaycees for the dates of July 23 -24, 1983 at the Roberts Park. Motion seconded by Alderman Mlinar and unanimously carried. It was moved by Alderman Beatty to grant a license to the Lyons Club for the dates of August 20 and August 27. There was no second, and the motion failed. Alderman Carls moved to grant a license to the Lyons Club for the dates of July 23 -24, 1983 at the Fair Grounds. Motion seconded by Alderman Beatty and carried unanimously. (f) CONSIDERATION OF STORM SEWER IMPROVEMENT PROJECT 83 -08 City Engineer Priebe presented a report on the improvement project 83 -08. He stated that $1,500 of the cost would be assessed to the school district, with an estimated total cost of $3,000. After discussion, Alderman Mlinar moved to accept the report and call for a hearing on August 9, 1983 at 8:00 P.M. Motion seconded by Alderman Beatty and approved unanimously. The motion was made by Alderman Beatty, seconded by Alderman Carls, to waive readings and adopt Resolutions No. 7438 and No. 7439. Motion unani- mously approved. (g) CONSIDERATION OF REQUEST FOR CURB AND GUTTER ON THIRD AVENUE NORTHWEST The City Engineer reported he had received a letter of request from the owners of Hutch Computer Industries, Inc. for curb and gutter improvement work on their property on Third Avenue Northwest and Highway 7 West. The estimated cost for project 83 -09 would be $5,200. Following discussion, it was moved by Alderman Beatty to waive reading and adopt Resolution No. 7450. Motion seconded by Alderman Mlinar and unanimously carried. It was moved by Alderman Beatty, seconded by Alderman Mlinar and approved unanimously, to waive reading and adopt Resolution No. 7451. Alderman Beatty made the motion to waive reading and adopt Resolution No. 7452. Motion seconded by Alderman Mlinar and carried unanimously. -6- COUNCIL MINUTES JULY 12, 1983 The motion was made by Alderman Beatty, seconded by Alderman Carls, to waive reading and adopt Resolution No. 7453, setting a bid opening for August 9, 1983 at 2:00 P.M. Motion approved unanimously. (h) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLLS AND SETTING ASSESSMENT HEARING FOR PROJECTS 83 -03, 83 -04 and 83 -05 City Engineer Priebe reported that projects 83 -03, 83 -04 and 83 -05 pertain to improvements on Franklin Street. After discussion, it was moved by Alderman Carls, seconded by Alderman Beatty and carried unanimously, to waive readings and adopt Resolutions No. 7443 -7448, and schedule public hearings for 8:00 P.M. on August 9, 1983. (i) CONSIDERATION OF APPRAISALS FOR PARKING ASSESSMENT SETTLEMENT PROCEDURE City Attorney Schaefer stated the court action was eliminated through the settlement approach agreed upon by the Council regarding the downtown park- ing assessment appeals. A certified appraiser will do the research and pre- sent an appraisal of "before and after" valuation of the 13 properties in- volved. The appellants and City will each hire an appraiser, and there could be a third appraiser involved. It was the City Attorney's opinion that the same appraisal report as required by court would not be needed, and therefore, the city might realize a savings on the appraisal fees. It was suggested that Attorney Schaefer meet with Bill Haas, attorney for the appellants, to determine the amount of information necessary on the appraisals. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Beatty, to authorize City Attorney Schaefer to approach Attorney Bill Haas in an attempt for a workable solution to minimize the appraisal costs. The motion carried, with Aldermen Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay." It was noted that the Mayor felt this item dealt with a process whereby the procedure was still in question and had not been resolved. (j) CONSIDERATION OF RESOLUTION AUTHORIZING SALE AND ISSUANCE OF GENERAL OBLIGATION IMPROVEMENT BONDS FOR 1983 IMPROVEMENT PROGRAM Mr. Bill Fahey, bond consultant with Ehlers & Associates, presented the resolution for the sale of the $950,000 improvement bonds of 1983. He pointed out that Norwest Bank Minneapolis had been appointed to act as bond registrar, transfer agent and paying agent. It was Mr. Fahey's recom- mendation to open bids on the bonds at 3:00 P.M. on July 26, 1983. After discussion, Alderman Beatty moved to waive reading and adopt Resolu- tion No. 7449. Motion seconded by Alderman Mlinar and approved unanimously. -7- COUNCIL MINUTES JULY 12, 1983 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented that a date should be set for the an- nual city appreciation picnic for the employees and members of various boards and commissions. Mayor DeMeyer requested the City Administrator and City Attorney to contact the League of Cities to determine if there were any statutorial limitations on using city funds for a picnic. Alderman Carls stated the city appreciation picnic was one of the few ways in which the city could express thanks to the employees and board members who have put forth time and effort on behalf of the city. The motion was made by Alderman Beatty to authorize a city appreciation picnic, contingent upon the findings from the League of Cities. Motion seconded by Alderman Mlinar and carried unanimously. (b) COMMUNICATIONS FROM RANDALL ROBERTS FOR TRANSIENT PERMIT An application was received from Randall Roberts, dba Clover Produce, to allow door -to -door selling of oranges and grapefruits.from July 12 -21. Following discussion, the motion was made by Alderman Mlinar to accept the application and issue a solicitation permit. Motion seconded by Alderman Carls and approved unanimously. (c) COMMUNICATIONS FROM MAINTENANCE OPERATIONS DIRECTOR Director Neumann reported he had received two requests for the use of City equipment. The first request would be a joint venture between the City and State Highway Department for the rental of a vacuum machine for the period of one week. After discussion, Alderman Beatty moved to approve rental of the machine. Motion seconded by Alderman Carls and unanimously carried. The Fair Board requested to use the City street sweeper to clean the fair grounds of debris resulting from the tornado. Use of the machine would be on a gratis basis. It was moved by Alderman Mlinar, seconded by Alderman Beatty, to approve use of the street sweeper. Motion approved unanimously. (d) COMMUNICATIONS FROM CITY ENGINEER -8- COUNCIL MINUTES JULY 12, 1983 City Engineer Priebe reported that on May 4, 1983 the City received bids for the 1983 maintenance of South Park water tower. The contract was awarded to Mid - America Pipe Cleaning in the amount of $10,760. To date, no signed contract has been received, and the company has disconnected its telephone. Since 30 days has expired from the date of bid, it was recom- mended to award the contract to the second lowest bidder, Maguire Iron, Inc. in the amount of $12,250. Following discussion, Alderman Beatty moved to rescind the bid to Mid - America Pipe Cleaning and award the bid to second lowest bidder, Maguire Iron, Inc. in the amount of $12,250. Motion seconded by Alderman Carls and unanimously carried. Cost estimates on the south portion of the Bretzke parking lot were pre- sented by the City Engineer. (e) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar inquired about the task force visit to Bloomington for the purpose of reviewing that city's street maintenance program. He then di- rected the City Administrator to contact the League of Cities for a report on other cities that utilize the special assessment method to finance street maintenance. (f) COMMUNICATIONS FROM MAYOR JAMES G. DEMEYER Mayor DeMeyer commented he had received petitions relative to the assess- ments for street maintenance on Hilltop, Connecticut and Campbell Streets. City Engineer Priebe responded that this project would be a part of the 1984 improvements, and a public hearing would be held subsequent to a re- port submitted to the Council. It was the recommendation of the Mayor to refund and /or waive the City por- tion of building permit fees to those property owners who suffered damage from the tornado. After discussion, the motion was made by Alderman Beatty, seconded by Ald- erman Mlinar, to waive the City fees for building permits for those property owners who occurred damage from the tornado. Motion approved unanimously. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The verified claims were approved for payment from the appropriate funds upon motion by Alderman Carls, seconded by Alderman Beatty and carried, with Mayor DeMeyer abstaining from voting. 12. ADJOURNMENT The meeting adjourned at 10:45 P.M. upon motion by Alderman Beatty, seconded by Alderman Mlinar and unanimously approved. meen APPLICATION FOR PERMIT TO HOLD PUBLIC DANCE FEE $5.00* 1. Name of Applicant I,1.� Address 2. Organization Address 3. Place to be Held & Time �- . )(d�rl�Udi�1 Ron i IUn , l bJ G u _ - SAC.tJI , 4. Band Already Booked 5. Name of Band r L 6. Have you run dances in Hutchinson before? i eS Elsewhere? R��h^ �D: C i 7. Date Dance to be Held: 8: I understand that according to Minnesota Statutes, Ch. 624, Sec. 624.50: 'OFFICER MUST ATTEND ALL PUBLIC DANCES. It shall be incumbent upon the person to whom such permit is issued to have an officer of the law present at every public dance to be given or held thereunder dur- ing all the time the public dance is being held. In the case of a pub- lic dance to be held or given in a city, village, or borough, such offi- cer of the law shall be designated by the chief peace officer thereof. In all other cases such officer of the law shall be designated by the sheriff of the county. In all cases the fees and expenses of such offi- cer of:i.the law shall be paid in advance by the person to whom the permit has been issued. In case any person, not a public officer, shall be designated as such officer of the law, the person to whom the permit has been issued shall be responsible for his acts and conduct and there shall be no liability for his acts and conduct on the part of the officer desig- nating him under the provisions of Section 624.42 to 624.54. Signature d App ant 9. Recommendation of Chief of Police 10. Action of City Council 11. Fees and Expenses of Officer* *(Payable in Advance) n 91 RETAIL "ON SALE" Mate of PT i ilie5Ota, CODh'TY OF. _...J�.C_Z,h�. __ --- _ - - - - -- --- -- Cit y -- - - - -- City Council City To fhe ... ............................... of the.........,.............. 6 Hutchinson of .Hutchinson . .......... ............................ .................................. ........... .......................... ................... State of Minnesota: Patrick J. May of T. L. Scalawags ---- ---.__.--- ---- -- ._.- .- ..._._ _....--- - ------- henby applies for a licence for the term of___.... Lday_.. - - -_ (1p.m.'._ to 5 from {3u. - -- .._...14th.. -- -- -- - day of __.. .August At Retail Only, 1\on- Into\-icating Malt Liquors, as the same are defined by iau', for cansu:npticn "Oh "' thDSe cer-iein prcm;scs in City - ---- -- - - - -- - - - -- -- -- Hutchinson -- ----- ---- ------ ---- - - - - - -- f dcsaritrd as follows, to-uit:._ _.------------ ------ -- --- - -__._ -- - --- --- _ - -- -- T. L. Scalawags Parking Lot Hwy. 7 West 18_83_.' to sell at which place said applicant -.... Dperate s..the buti.ness of— restaurant_. =._ bar- __— _..-.- ..._----- --- -- .-._ -- and to that and represent.. and state... -as follmxs That said applicant_ .... .... .... .. ... .. ls .... ._._.- _.__....__- rtixn -_ -_ -. of the Dnifcd States; of good moral charaeZer and repufe; and ho; ­S.. the ape of 21 years; that ..... .. _.he_is ...... _.. ---- .......... ......_.....- .propricton...._of the establishment for which the Uccnse un.11 be. israzd if this application is rrantcd. That no manufacturer of such nor. - intoxicating malt Ziquore has any ownership, in whole or in part, in said business of said applicant ---.or any interest therein; That said applicant...-- moke .... this application pursuant and subject to all the laws of the State of Minnesota and the ordinances and repula.tions of sa. id __- _..City- __-- _--- __--- _ -____ applicable thereto, which are hereby mode a part hereof, and hereby agrm ...... to observe and obey the same; (F.n r � w.b` V art. o! 1­3 ran imp) Each applicant further hates that he is not now the holder of, nor has he rno4a application for, nor does he intend to make applicat n for a Fcdaral Retail Dealer's Spacial fax stamp for the sale of fn.foxi atinp liquor. Dated July 26, S8 83 F. O. S- I (612) 537 -5151 �. 37 WAI SHING i CN " +VENUE 3'1- SI NU I CNINSON, MINN. 55350 July 21, 1983 The Hutchinson City Council RE: Proposed Ordinance Regulating Peddlers or Solicitors Dear Councilmen: At the July 12, 1983 City Council Meeting, I was directed to alter the proposed ordinance regulating peddlers or solicitors as it dealt with charitable organizations. It was my impression at that meeting that the objecting councilman felt that the proposed ordinance would be acceptable if charitable organizations were exempt from its provisions. If this is the case, I would suggest that the problem could be handled by substituting the following language for Section Five as it currently exists: SECTION FIVE. Religious and Charitable Organizations, Exemption. The provisions of this ordinance shall not apply to any organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property, or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for, which a fee is charged or solicited from persons other than members of such organizations upon the streets, in office or business buildings, by house to house canvass, or in public places for a charitable, religious, patriotic or philanthropic purpose. I have been requested to examine other potential means of controlling peddlers and transient merchants, specifically looking into the possibility of regulating the use of parking lots, streets, and sidewalks. At the present time, I have no draft ordinance prepared but anticipate that I could have such an ordinance by the first or second meeting in August. I would like to point out that the ordinance as currently proposed comes from the model ordinance distributed by the League of Minnesota Cities. I would refer you all to the League of Minnesota Cities Bulletin 410A.1 dealing with regulations of peddlers, solicitors and other forms of transient selling in Minnesota. This document provides Hutchinson City Council July 21, 1983 Page Two excellent background for analysis of problems encountered in drafting and implementing an ordinance of this type. JHS:dlp Sincerely yours, SCHAEFER LAW OFFICE By James H. Schaefer Hutchinson City Attorney 0 0 0 PUBLICATION NO. ORDINANCE NO. 13/83 ORDINANCE AMENDING SECTION 710:00 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED ONE WAY TRAFFIC THE CITY OF HUTCHINSON DOES ORDAIN: SECTION 1. Section 710:00 of the 1974 Ordinance Code of the City of Hutchinson, entitled One -Way Traffic is hereby amended to include the following: Subd. 3. All alleyways located between Main Street on the east, Franklin Street on the west, NW 2nd Avenue on the north and 4th Avenue SW on the south are hereby designated one -way Northbound. Subd. 4. All alleyways located between. Main Street on the west, Hassan Street on the east, 1st Avenue NE on the north and 4th Avenue SE on the south are hereby designated one -way southbound. SECTION 2. This ordinance shall take effect and be in force from and after its passage and publication: Passed this day of E , 1983. James G. DeMeyer, Mayor lJ _C1 9 0 ORDINANCE NO. 14/83 AN ORDINANCE GRANTING TO HUTCH AGRI -TECH THE RIGHT TO MAINTAIN A STRUCTURE UPON CERTAIN CITY OWNED RIGHT OF WAYS IN THE CITY OF HUTCHINSON, STATE OF MINNESOTA. The City Council of the City of Hutchinson does hereby ordain: SECTION 1. That permission and authority be and hereby is granted to Hutch Agri -Tech to maintain a structure located in part upon a right of way of the City of Hutchinson legally described as: That portion of street right of way described as follows: Beginning at the Southwest corner of Lot 9, Block 4, South Half City, thence West 1.5 feet; thence North parallel to the West line of Lot 9, a distance of 66 feet; thence East 1.5 feet to the Northwest corner of said Lot 9; thence South 66 feet along the West line of said Lot 9 to the point of beginning. said permission and authority to run for a period of twenty years. SECTION 2. The franchise hereby granted by the terms and provisions of this ordinance shall be automatically terminated upon the destruction, demolition or condemnation of any structure so maintained. SECTION 3. This ordinance shall take effect and be in force from and after its passage and publication. Passed this day of 1983• es James G. DeMeyer, Mayor _j • RESOLUTION NO. 7457 • CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Backstops 11792.74 Raise Backstops Park Yes Yardman Fence Co. ($1,000 donation from Fast Pitch Assoc.) The following items were authorized due to an emergency need: ITEM Date Approved: Motion made by: Seconded by: COST PURPOSE I DEPT. I BUDGET I VENDOR 26 1983 Resolution submitted for Council action by: Kenneth B. Merrill 0 0 PUBLICATION NO. ORDINANCE NO. 15/83 AN ORDINANCE AMENDING SECTION 715:20 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED NO PARKING AREAS. THE CITY OF HUTCHINSON DOES ORDAIN: SECTION ONE: Section 715:20 of the 1974 Ordinance Code of the City of Hutchinson, entitled No Parkin, Areas, is hereby amended to include the following: Subd. 14. It shall be unlawful for any firm, person or corporation to park a motor vehicle or other vehicle in the City of Hutchinson upon that portion of First Avenue Southeast abutting the bias t 75 feet of Lot 10 in Block 13, South Half City of Hutchinson at any time. g t. t SECTION TWO: This Ordinance shall take effect and be in force from and after its passage and publication. Passed this day of , 1983. ATTEST James G. DeMeyer, Mayor JUNE CITY OF HUTCHINSON FINANCIAL REPORT - 1983 JUNE REVENUE REPORT - GENERAL FUND JUNE YEAR TO ADOPTED BALANCE PERCENTAGE 53110.02 CURRENT DATE ACTUAL BUDGET REMAINING USED TAXES 374818.34 398705.35 947331.00 548625.65 0.42 29425.51 88.00 13309.06 16400.00 3090.94 0.81 LICENSES PERMITS AND FEES 8062.56 25010.97 36700.00 11689.03 0.68 INTER - GOVERNMENT REVENUE 7145.40 39822.36 988115.00 948292.64 0.04 CHARGES FOR SERVICES 20086.74 125566.16 283138.00 157571.84 0.44 FINES & FORFEITS 1940.00 10456.08 30000.00 19543.92 0.35 MISCELLANEOUS REVENUE 9194.01 72853.17 185300.00 112446.83 0.39 CONTRIBUTIONS FROM OTHER FUNDS 62500.00 145030.00 373000.00 227970.00 812.36 0.39 5.06 REVENUE FOR OTHER AGENCIES - 408.27 1012.36 200.00 - 3115.57 TOTAL 483426.78 831765.51 2860184.00 2028418.49 0.29 EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL 5116.96 17910.37 32157.00 14246.63 0.56 CITY ADM. /CITY CLERK 8289.30 53110.02 104249.00 6300.00 51138.98 6224.25 0.51 0.01 ELECTIONS 0.00 9145.89 75.75 85464.03 154829.00 69364.97 0.55 FINANCE MOTOR VEHICLE 4729.26 29425.51 56019.00 26593.49 0.53 ASSESSING 0.00 0.00 18164.00 18164.00 0.00 LEGAL 2104.01 15330.04 29631.00 14300.96 0.52 PLANNING 100.00 1889.57 3375.00 1485.43 0.56 CITY HALL 2453.08 19530.27 42492.00 22961.73 0.46 OLD ARMORY 1169.98 9017.38 25112.00 16094.62 0.36 POLICE DEPARTMENT 46546.74 285048.70 567555.00 282506.30 43600.63 0.50 0.41 FIRE DEPARTMENT 5663.52 2785.06 29754.37 14400.00 73355.00 30376.00 15976.00 0.47 COMMUNITY SERVICE OFFICER PROTECTIVE INSPECTIONS 3115.57 20804.79 42375.00 21570.21 0.49 CIVIL DEFENSE 153.91 334.94 475.00 140.06 0.71 SAFETY COUNCIL 0.00 2453.90 150.00 16566.78 150.00 34950.00 0.00 18383.22 1.00 0.47 FIRE MARSHALL ENGINEERING 12622.79 72162.75 146010.00 73847.25 0.49 STREETS & ALLEYS 29196.75 142895.57 307882.00 164986.43 0.46 STREET MAINTENANCE A/C 4841.27 454.49 35671.72 26446.10 65725.00 56285.00 30053.28 29838.90 0.54 0.47 LIBRARY SENIOR CITIZEN CENTER 12745.05 19580.88 14357.00 - 5223.88 1.36 PARK /REC. ADMIN. 4607.01 28543.33 58893.00 68185.00 30349.67 31527.87 0.48 0.54 RECREATION 12929.49 4765.79 36657.13 50117.98 99056.00 48938.02 0.51 CIVIC ARENA PARK DEPARTMENT 30330.97 135469.59 274539.00 139069.41 0.49 CEMETERY 3080.06 17096.50 38499.00 21402.50 0.44 COMMUNITY DEVELOPMENT 1824.50 2747.90 6400.00 3652.10 0.43 0.04 LAWCON 0.00 4154.98 114055.00 109900.02 DEBT SERVICE 2235.22 52961.54 104558.00 51596.46 0.51 0.63 AIRPORT 758.73 32065.93 50625.00 18559.07 TRANSIT 5631.72 31719.09 70712.00 38992.91 0.45 UNALLOCATED 1806.32 997.59 162839.00 161841.41 0.01 0.00 TOTAL 221657.34 1288101.11 2860184.00 1572082.89 0.45 0.00 / -a-, EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 9462.72 60506.73 117918.00 57411.27 NNE CITY OF HUTCHINSON FINANCIAL REPORT - 1983 JUNE 4100.00 ENTERPRISE FUNDS 0.27 OTHER SERVICES & CHARGES 100.92 REVENUE REPORT - LIQUOR FUND JUNE YEAR TO ADOPTED BALANCE PERCENTAGE 0.00 CURRENT DATE ACTUAL BUDGET REMAINING USED LIQUOR SALES 31652.33 182111.48 476100.00 293988.52 0.38 WINE SALES 7851.83 52394.94 121900.00 69505.06 0.43 BEER SALES 62131.76 263911.38 552000.00 288088.62 0.48 BEER DEPOSITS -65.24 - 912.55 0.00 912.55 86730.22 MISC. SALES 2258.50 7733.35 0.00 - 7733.35 OTHER CASH DISCOUNTS - 261.05 - 1390.65 0.00 1390.65 0.00 TOTAL 103568.13 503847.95 1150000.00 646152.05 0.44 EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 9462.72 60506.73 117918.00 57411.27 0.51 SUPPLIES, REPAIR & MAINTENANCE 256.37 1111.51 4100.00 2988.49 0.27 OTHER SERVICES & CHARGES 100.92 5532.04 28550.00 23017.96 0.19 MISCELLANEOUS 0.00 314.00 6650.00 6336.00 0.05 CAPITAL OUTLAY 0.00 6242.50 0.00 - 6242.50 0.00 DEBT SERVICE 0.00 0.00 5110.00 5110.00 0.00 TRANSFERS 0.00 20000.00 110000.00 90000.00 0.18 COST OF SALES 86730.22 386175.90 883450.00 497274.10 0.44 OTHER 0.00 0.00 11487.00 11487.00 0.00 TOTAL 96550.23 479882.68 1167265.00 687382.32 0.41 REVENUE REPORT - WATER SEWER /FUND FEDERAL GRANTS 1201.00 24492.00 0.00 - 24492.00 0.00 WATER SALES 38326.31 199630.77 425800.00 226169.23 0.47 WATER METER SALES 752.00 2085.05 5000.00 2914.95 0.42 REFUSE SERVICES 19372.50 109137.00 230000.00 120863.00 0.47 SEWER SERVICES 48404.75 259952.68 507500.00 247547.32 0.51 PENALTY CHARGES 501.99 3227.25 0.00 - 3227.25 0.00 INTEREST EARNED 6542.71 25781.33 55000.00 29218.67 0.47 REFUNDS & REIMBURSEMENTS 0.00 0.00 0.00 0.00 0.00 OTHER 120.00 613.12 4000.00 3386.88 0.15 TOTAL 115221.26 624919.20 1227300.00 602380.80 0.51 EXPENSE REPORT - WATER SEWER /FUND OPERATIONS 32634.94 472341.15 1043253.00 570911.85 0.45 WATER 11002.44 454424.41 123206.00 - 331218.41 3.69 SEWER 12279.26 93073.00 167318.00 74245.00 0.56 TOTAL 55916.64 1019838.56 1333777.00 313938.44 0.76 1 Ii 3 0 0 MINUTES HUTCHINSON PLANNING COMMISSION TUESDAY, JUNE 21, 1983 CALL TO ORDER The regular meeting of the Hutchinson Planning Commission was called to order by Chairman Larry Romo at 7:30 P.M., with the following members present: Ted Beatty, Tom Lyke, Roland Ebent, Shu -Mei- Hwang, and Chairman Romo. Absent: Elsa Young and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer Marlow Priebe, Building Official Homer Pittman, and Fire Marshal George Field. MTNITTF.S The minutes of the regular meeting dated Tuesday, May 17, 1983, were approved on a motion _by -Mr. Ebent, seconded by Mr. Beatty. The motion carried unanimously. PUBLIC HEARINGS (a) CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT AS SUBMITTED BY PURE CULTURE PRODUCTS Chairman Romo opened the hearing at 7:31 P.M. with the reading of publication X13077 as published in the Hutchinson Leader on Thursday, June 9, 1983. The request is for a conditional use permit to allow the installation of an 11'4" X 22'0" water well pump house of concrete block construction with a wooden roof on the property located at 35 Adams Street North. City Engineer Priebe explained that the structure will be constructed at the proper elevation for flood fringe require- ments. There was no one present who objected to the request. Mr. Beatty made a motion to close the hearing at 7:33 P.M. Seconded by Mr. Ebent, the motion carried unanimously. Mr. Beatty made a motion to recomment approval of the conditional use permit as requested, subject to DNR approval. Seconded by Dr. Lyke, the motion carried unanimously. (b) CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT AS SUBMITTED BY HUTCHINSON FARM SERVICE Chairman Romo opened the hearing at 7:33 P.M. with the reading of publication #3079 as published in the Hutchinson Leader on Thursday, June 9, 1983. ri —.N- Planning Commission Minutes - June 21, 1983 Page 2 The request is for a conditional use permit to allow the installation of a preassembled HP 90- D9/16.5 ton schuld steel bin for bulk feed, at the property located at 249 Washington Ave. East. City Administrator Plotz read a letter of consent from Michele Keller, Lease Representative of Burlington Northern Railroad, property owner. Mr. Lloyd Block was present to explain the request. Mr. Ebent moved to close the hearing at 7:34 P.M. Seconded by Dr. Lyke, the notion carried unanimously. Mr. Ebent made a motion to recommend to City Council approval of the conditional use permit as requested. Seconded by Mr. Beatty, the motion carried unanimously. (c) CONSIDERATION OF A REQUEST FOR CONDITIONAL USE AS SUBMITTED BY JOHN AND HARRIET TEWES Chairman Romo opened the public hearing at 7:35 P.M. with the reading of publication X13081 as published in the Hutchinson Leader, June 9, 1983. The request is for a conditional use permit to allow the enlarg- ing of a nonconforming garage on the property located at 569 Hassan Street South. City Administrator Plotz explained the request and that a conditional use permit was necessary because the building to be enlarged is nonconforming (sits 3' from the property line). There was no one present who objected to the request. Mr. Beatty made a motion to close the hearing at 7:36 P.M. Seconded by Dr. Lyke, the motion carried unanimously. Mr. Beatty made a motion to recommend to the City Council approval of the conditional use permit as requested. Seconded by Mr. Ebent, the motion carried unanimously. (d) CONSIDERATION OF A REQUEST FOR A VARIANCE AS SUBMITTED BY JOHN AND HARRIET TEWES Chairman Romo opened the public hearing at 7:39 P.M. with the reading of publication X13078 as published in the Hutchinson Leader on June 9, 1983. The request is for a variance to allow a 3' sideyard setback for an addition to a garage as it now stands, 3' from the property line, on the property located at 569 Hassan St. S. Dr. Lyke made a motion to close the hearing at 7:41 P.M. Seconded by Mr. Beatty, the motion carried unanimously. • • Planning Commission Minutes - June 21, 1983 Page 3 Mr. Ebent made a motion to recommend to City Council approval of the variance as requested. Seconded by Mr. Beatty, the motion carried unanimously. (e) CONSIDERATION OF A REQUEST FOR A VARIANCE AS SUBMITTED BY RUSSELL FISCHER Chairman Romo opened the public hearing at 7:42 P.M. with the reading of publication ,',`3080 as published in the Hutchinson Leader, June 9, 1983. The request is for a variance to allow a 3' sideyard setback for the construction of a new, larger garage to be situated on old garage site which now stands 3' from the sideyard property line, in accordance with old city ordinance. Mr, and Mrs. Fischer were present to explain the request. Mr. Ebent made a motion to close the hearing at 7:45 P.M. Seconded by Dr. Lyke, the motion carried unanimously. Mr. Ebent made a motion to recommend to City Council approval of the conditional use as requested. The motion was seconded by Mr. Hwang. Discussion followed. It was pointed out that the recommendation is based on the fact that a garage already exists on the site, 3' from the pro- perty line. This is the basis for the staff's recommendation for approval. The motion carried unanimously. 4. Old Business (a) CONSIDERATION OR REQUEST TO SUBMIT ANNEXATION OF HORSWELL PROPERTY SUBMITTED BY CITY ENGINEER PRIEBE City Engineer Priebe explained the request. He noted that the Horswell property located on the west side of County Road 12, just south of the Oakwood Addition, is surrounded by City property on three sides. By annexing the Horswell property, the City can save some construction costs of water, storm sewer and sanitary lines that are planned to be extended to the Oakwood Addition before a new street can be put in. Discussion followed. Mr. Beatty made a motion to recommend to City Council approval of the annexation of the Horswell property and that City Council pass the recommendation on to the State Municipal Board. Seconded by Mr. Ebent, the motion carried unanimously. Planning Commission Minutes - June 21, 1983 Page 4 (b) CONSIDERATION OF EXPIRATION OF ORDERLY ANNEXATION AGREEMENT WITH TOWNSHIPS City Engineer Priebe explained that the 10 year agreement was due to expire. He recommended that the City Attorney and staff look into nonsidering a new agreement and that a new format for such an agreement be obtained from the State, as the old format is out of date. Mr. Beatty made a motion to recommend to City Council that the City Attorney be granted time to work on the Joint Resolution for Orderly Annexation City of Hutchinson, and the townships of Acoma, Lynn, Hassan Valley and Hutchinson, McLeod County, Minnesota. Seconded by Mr. Ebent, the motion carried unanimously. (c) CONSIDERATION OF PRELIMINARY LAYOUT AS SUBMITTED BY ANTHONY MACHTEMES Mr. Anthony Machtemes, Franklin, Minnesota, was present with a preliminary layout plan for his property which is now being considered for annexation to the City of Hutchinson. City Engineer Priebe explained plans for platting, streets, water, storm sewer and sanitary lines as well as a proposed park for the area. The area is planned for single or two family dwellings. The layout has 129 lots. Discussion followed. 5. New Business (a) COMMUNICATIONS FROM ED HOMAN City Engineer Priebe presented a notice of public hearing -he received from the McLeod County Planning Commission who will consider the request from William H. Arndt and Duinick Bros. 5 Gilchrist for a conditional use permit to allow the excavation of gravel. Mr. Beatty made a motion to recommend to City Council the approval of the request. Seconded by Dr. Lyke, the motion carried unanimously. City Engineer Priebe presented a notice of public hearing he received from the McLeod County Board of Adjustment who will consider the request by Michael E. Shaw for a variance permit to allow the reduction of the required front yard setback of 130' to 113'6" from the center- line of Trunk Highway 15 for the construction of a 12' % 14' deck. Mr. Beatty made a motion to recommend to City Council the approval of the request. Seconded by Dr. Lyke, the motion carried unanimously. 0 0 Planning Commission Minutes - June 21, 1983 Page 5 (b) SLIDE PRESENTATION 0 A slide presentation about comprehensive planning was shown. 6. AD.TnT;R1TmNT Mr. Beatty made a motion to adjourn the meeting at 8:55 P.M. Seconded by Mr. Ebent, the motion carried unanimously and the meeting was adjourned. 1 i Minutes Special Relief Assn. Meeting Monday, June 6, 1983 President Smith brought the meeting to order at 8:17 P.M. The subject was the Board's recommendation to raise the per year pension increase from $4.00 to $5.00. Ray Fitzloff made a motion to raise our pension $1.00 per year effective July 1, 1983. Seconded by Bill Brodd, the motion carried. The meeting adjourned at 8:24 P.M. Secretary, Randy Redman —C—, Minutes Fire Department - Regular Meeting Monday, June 6, 1983 Chief Henke brought the June meeting to order at 8:30 P.M. Roll call was taken and the minutes of the May meetings were read and approved. The lunch committee will have a Smelt Fry June 20th. We will start the drill at 6:30 that night. The following bills and runs were ordered paid from their proper accounts: City Budget General Account Red Owl 2.88 Kimball Fire Dept. 18.00 Snyder Drug 20.91 U of M 385.00 Mid- Central Fire 156.00 Hutch Insurance Ag. 20.00 Motorola 287.00 Home Advertising 237.14 Mankato Mobile Radio 30.00 " " " 45.86 Hutch Wholesale Supply 23.30 Hutch Snyder Drug 20.56 Communication Auditors 4.00 19.69 23.85 38.68 18.68 21.10 20th Century Plastics 81.50 Harvey Kemper 8.00 Allen Office 13.65 Loren Larson 296.75 Sheldon Nies 91.00 Fire runs Warehouse Grocery, electrical; Duane Thovson, house fire; John Bernhagen, barn; Happy Chef, dumpster; 3M, Hutch Hospital, water flow; 1st Ave. & Main, car; Red Owl, dumpster - 2 times; 3M, Barrick Stables, brush fire; Gerald Carter, refrigerator fire; Dick Thuringer, lightning hit house; Gerald Specht, boat; Robert Schlueter, car; two (2) drills. We will have a fire department hog roast on the 18th of September. A motion was made by Marlin Torgerson and seconded by George Field to it have the fire hydrants in town color coded according to their water flow. The motion passed. / —� I_ . Fire Department Minutes June 6, 1983 Page 2 A motion was made by Jim Brodd and seconded by Kim Meyer to have Brad Emans put the final touches on an 8 hour orientation course for rookies. The motion carried. A motion was made and seconded and carried to get prices on buoys for each side of the bridge on Main Street. A motion was made by Gary Henke and seconded by Jim Brodd to pur- chase a 16" fan, plastic nozzles, chain saw and some miscellaneous equipment that Clint has listed. The money will first come out of the City account; then any shortage will come out of the General Account. The motion passed. A motion was made and seconded to give James Bryant a leave of absence from May 15 - July 15. The motion carried. A fire department member will be notified of any tornado watches. Calvin Lee completed one year of probation on the department and was voted to permanent status. Harland Emans thanked everyone and wished them well since he will be retiring as of June 30, 1983. New procedure during drills. Go to the truck you reported to the drill on and stand by for orders. Chief Henke reminded everyone to listen to the radio for orders from the chiefs. Chief Henke asked everyone to keep personal remarks at the fire scene to yourself. Conduct yourself in a professional manner. The meeting was adjourned at 9:42 P.M. Secretary, Randy Redman is • • • MINUTES Tree Board June 21, 1983 Members Present: Roy Johnsen, Mrs. Axel Jensen, Mark Schnobrich Members Absent: Ivan Larson, Mike Carls, Jerry Brown Le Bistro Parking Lot - Proposals by Harlow Priebe were examined for the poss- ible saving of trees and shrubs for the parking lot. The members of the board agreed that all Spruce, Walnut and shrubs on the Northeast section should be saved along with grass to provide for a green area within the parking lot. Along with the Northeast section, the Spruce on the South part of the lot was also planned for retention within the parking area. Arbor ay - The totals for Arbor Day have been tallied with $3, 655.00 being expended and $2,142.70 being received for 1983. The money is to be ear marked for additional tree purchases in 1983 for 1984 distribution. 1983 DED Statistics - 55 Elms have been tagged for removal with 13 of them being lost to tornado damage rather than Dutch Elm Disease. Of the trees, 33 were private and 22 were city. Tornado - The June 13th tornado did considerable damage to both boulevard and private trees. 13 Elms were toppled and or severely damaged to cause removal, while Spruce, Ash and other trees being damaged on private property. The total uprooting on trees is signigicant in that it shows the restricted root systems caused by the urban environment. Summer Tree Purchases - Due to the additional expense and the reduced variety of species the board agreed that additional distribution of trees be post- poned until next spring when specie availability and costs are more favorable. It was noted that the funds raised this year would be spent this year in order to fulfill budget guidelines. Wood Permit - A new concept in wood sales was proposed by Schnobrich. A one - half year $50.00 permit cost would allow a holder to cut as much as he could during open cutting times. A restricted number of 30 permits would be issued each one -half year. The board agreed this was a feasible system. Fleeting was adjourned at 8:00 pm. Respectfully submitted, Mark Schnobrich Z, 0 MINUTES Parks & Recreation Board June 1, 1983 11 Members Present: Dr. Chernausek, Roy Johnsen, Mike Carls, Kathy McGraw and Rollie Jensen. Also present were: Bruce Ericson, John McRaitb and Karen McKay. Minutes The minutes were read and a motion was made by Dr. Chernausek to approve them. Rollie Jensen seconded -the motion and the board agreed. Arbor Day Review The Arbor Day review was deferred until the July meeting; Mark Schnobrich was unable to attend. However, Bruce told the board that over 300 trees were planted on Arbor Day. Rollerskating Rollerskating at the Civic Arena has been cancelled until school is out. The program is losing money. It will resume on June 9th. West River Park Bruce told the board that he has been notified from Vin Weber's office that $98,750 is available from Federal grant money and $29,625 from State grant money. Bruce pointed out on a map that the city would be acquiring an area designated natural /fishing /picnicing area. Mike Carls told the board that Richard Peterson had talked to him about naming the West River Park Phase IV after D.J. Black, former City of Hutchinson Mayor. Also mentioned was that former Mayor, Ralph Westlund was on the council that acquired portions of West River Park Phase IV. Mass Registration Bruce told the board that the mass registration went well, but the swimming lesson line was "unbelievable." Also,almost everyone that was in line got the part- icular sessions or hours they wanted. Kathy McGraw told the board that approx- imatly 130 kids signed up for tennis lessons. Picnic Table Rental Policy Bruce told the board that there have been three different requests for picnic table rentals. After a discussion, the feeling of the board was negative. Kathy McGraw made a motion and Rollie Jensen seconded it that picnic tables not be removed from their locations, the board unanimously agreed. Summer Program Review John McRaith told the board that the soccer games will be switched to mornings in- stead of afternoons. A more relaxed style of soccer will be played since the level doesn't go beyond little league. Peanuts I and II will be moved from Tartan Park out to Roberts Park. John mentioned to the board that different leagues are paying the same player fee as leagues playing more doubleheaders and asked the board if perhaps teams should pay by the number of games being played. No decision was made. MINUTES Parks S Recreation Board June 1, 1983 Miscellaneous Mike Carls told the board that he meet with the Park employees. He said that the employees requested banning dogs from the immediate picnic area, and that signs should be posted in parks regarding dogs. Mike made a motion to recommend to the City Council that the ordinance referring to dogs in the parks be ammended to prohibit dogs in the immediate picnic area and that signs be posted. Roy Johnsen seconded the motion and the board unani- mously agreed. Datlof Weseloh is offering the former "Sunny's Antiques" building for the sum of $26,000, and he would be willing to sell contract for deed. Making a counter offer to Mr. Weseloh was a consideration. After discussion, the board decided to table the subject. Dr. Chernausek told the board that his term expires August 12th as does Don Falconer's. Dr. Chernausek told the board that a replacement.should be sought for his postion and that he would contact Don to see how he felt. He will re- port back to the board at the July meeting. Adjournment The meeting was adjourned at 6:25 p.m. by a motion made by Dr. Chernausek and seconded by Roy Johnsen. klm r' 0 CALL TO ORDER I;INU'PES AIRPORT ZONING BOARD WEDNESDAY, MAY 25, 1983 0 The meeting of the City of Hutchinson, McLeod County, Hassan Valley and Lynn Townships Joint Airport Zoning Board was called to order by Chairman Robert Carney at 8 :10 P.M., with the following members present: Doug Hedin, George Quest, LeRoy Olson, Norbert Shimek, Jerold Wright and Chairman Carney. Me7bers absent: Melvin Sprengler, David Huser, Don Pankake. Also present: Mr. Ray Strege, airport zoning consultant from the firm of Toltz, King, Duvall, Anderson and Associates, Inc., Mr. James Groehler of the Aeronautics Dvision of the Minnesota Department of Transportation, and City Administrator Gary Plotz. 2. MINUTES Following discussion, Member Hedin moved to approve the minutes of the meeting of April 27th as amended under agenda item ,15a, paragraph 3, to read "Section V.C" rather than "Section IV.C". Seconded by Member Quast, the motion carried unanimously. 3• PUBLIC HEARING Chairman Carney opened the public hearing with discussion of changes made at last meeting. Mr. Strege explained that the changes as requested had been made and pointed them out in the new proposed airport zoning ordinance and on the accompanying maps. Chairman Carney asked for any other comments or questions regarding the proposed airport zoning ordinance. Member Shimek commented that Section V :B.3.b. was not clear enough as stated. He stated that responses given to that same question at the previous meeting were contradictory. Discussion followed. Concerns about the term "each use," interpretation, and enforcement were expressed. Mr. Heidecker, property owner, said he felt this part of the ordinance (V:B.3.b) should be more specific. There was no action taken. Mr. William Arndt, representing Lynn Town Board stated that he was concerned about the numbers of sections of Lynn Township that would be controlled by this ordinance as proposed. Mr. Strege explained that there are two types of zoning involved - airspace and land use. Land use zoning impacts what can be done on the ground. The most restrictive of the regulations would affect only those sections in Zones A and B. Discussion followed. Mr. Arndt also expressed concern about the township government having to answer to the city government about land use in Lynn Township. City Administrator Plotz explained that for the most part, the same procedures as now in effect would take place. When something was proposed for property regulated by the proposed zoning ordinance, the usual resprentative of the township and the Zoning Administrator (Hutchinson City Administrator) would have to be in contact to determine if a variance 7 -1 Minutes Airport Zoning Board - May 25, 1983 Page 2 request would be necessary. In the event there was a denial for a variance request, the individual could appeal the Zoning Administrator's decision to a Board of Adjustment. The Board of Adjustment will be appointed by the Airport Zoning Board after the proposed Ordinance is passed. Existing township laws would remain in effect. Member Shimek commented that he would like Mr. Strege to define what is meant by "airport boundary" as used in Section IV.C? Mr. Strege responded that this is existing fee title of the airport, i.e, facilities, hangars, parking, etc. Member Shimek asked if the boundary limitations had been delineated on the new map. *;r. Strege responded that they have. Member Shimek commented that corner markers should be erected before the next hearing is held so that land owners know exactly which property is affected. Discussion followed. It was pointed out that the expense of monumenting all of the property is high. Member Shimek asked why Section 20, Hassan Valley Township, was omitted from the public hearing notice. The secretary responded that it was a typographical omission and will be corrected for the next hearing notice. Gary Plotz reported that he consulted with Mr. Jim Groehler, and there was no problem inasmuch as the newspaper notice was sufficient to meet state requirements. Member Shimek asked if a land survey of the area affected by the zoning had been made? There was no one present who was aware of a survey being done. Member Shimek made a motion that the area be delineated in Zone A. Discussion followed. There was no action taken and the motion died for lack of a second. Mr. Philip Plaisance, property owner, was present to represent his interest in the Zoning Ordinance. He was concerned about who normally takes care of deciding how or what procedures are followed in any kind of leasing or easement agreement? Mr. Strege responded that the Airport Zoning Board is responsible only for the zoning ordinance. Anything else is addressed by the airport owner (City of Hutchinson) and the landowner. At this point, only the land limitations can be pointed out. The process for property acquisition must be followed after the ordinance is passed. Member Shimek addressed land owners asking them if they would like to know the Zone A boundaries. Mr. Plaisance noted that he would like to know exactly where the 200' comes so that it can be determined how many acres are involved. Mr. Groehler commented that it is possible that there are monuments on the southwest end to mark the beginning points of Zone A. Discussion followed. It was the consensus of the board that the City Administrator should have the crop area that is affected determined and marked before the next public hearing. Mr. Plaisance asked that he be contacted before any work is done. Member Shimek asked about City Attorney's opinion about notification of land owners. City Administrator Plotz replied that the City Attorney had responded that notification for a 112 mile radius was not required. • • i 0 0 Minutes Airport Zoning Board - May 2S, 1983 Page 3 ;,ember Shimek noted that there was a new land owner possibly affected. RECESS: Upon a motion by "ember Quast, seconded by 1;ember Olson, a recess was called for at 10:15 P.M. The motion carried unanimou sly. Chairman Carney called the meeting back to order at 10:25 P.M. General discussion followed. Member Hedin made a motion to amend the proposed zoning ordinance to include Setion 20, Hassan Valley Township. The motion was seconded by ?'ember Shimek. Discussion followed during which it was noted that the the lready embernHedinewithdrewlthelmotion. ordinance y r.; Member Hedin made a motion to pass the RESOLUTION OF THE CITY OF HUTCHINSON, MCLEOD COUNTY, AND HASSAN VALLEY AND LYNN TOWNSHIPS JOINT AIRPORT ZONING BOARD AS TO A PROPOSED ZONING ORDINANCE, which states that the zoning ordinance and map attached hereto is the proposed zoning ordinance of this Board. Said ordinance will be submitted to Mn /Dot Division of Aeronautics for a Commissioner's Order of Approval. Seconded by Member LeRoy Olson, the motion carried unanimously with the following members voting aye: LeRoy Olson, Doug Hedin, Norbert Shimek, George Quast and Robert Carney. Voting nay: None. Member Quast made a motion to allow City Staff to determine and set the date of the second public hearing to be held at 8:00 P.M. Seconded by Member Olson, the motion carried unanimously. 4. Old Business None. 5. New Business None. 6. Adjournment Member Quast made a motion to adjourn the meetingatt10:40 P.M. wSeconded by Member Hedin, the motion carried unanimously n adjourned. BID SUMMARY SHEET SALE: $950,000 Improvement Bonds of 1983 BONDS OF City of Hutchinson, Minnesota HELD ON Tuesday, July 25, 1983 AT 3:00 openin6)'CLOCK p- M. BID # 1 , NET INTEREST COST: $ 493,600 ACCOUNT MANAGER: THE NORTHERN TRUST COMPANY Account Members: Clayton Brown & Associates, Inc. Hutchinson, Shockey, Erley & Company BID # 2 NET INTEREST COST: $474,937.50 ACCOUNT MANAGER: DAIN BOSWORTH, INC. Account Members: Cronin & Marcotte, Inc. BID x 3 NET INTEREST COST: $ 479,262.50 ACCOUNT MANAGER: FIRST NATIONAL BANK OF MINNEAPOLIS 7:30 award : NET INTEREST RATE: 8.3661 % Account Members: The First National Bank of Saint Paul Dougherty, Dawkins, Strand & Yost, Inc. M.H. Novick & Company, Inc. BID x 4 NET INTEREST COST: $ 475,768.75 ACCOUNT MANAGER: NORWEST SECURITIES PIPER, JAFFRAY & HOPWOOD, INC. Account Members: Robert S.C. Peterson, Inc. E.F. Hutton & COmpany, Inc. Allison- Williams : NET INTEREST RATE: 8.0497 % NET INTEREST RATE: 8.123 % NET INTEREST RATE: 8.0638% BID # 5 NET INTEREST COST: $ 483,637.50 NET INTEREST RATE ACCOUNT MANAGER: MERRILL LYNCH WHITE WELD CAPITAL MARKETS GROUP Account Members: BID # NET INTEREST COST: $ ACCOUNT MANAGER: Account Members: EHLERS AND ASSOCIATES, INC. Financial Specialists 507 Marquette Avenue Minneapolis, Minnesota 55402 8.1972% NET INTEREST RATE: % �` o 422 Moodys Investors service 232425p62j oti ♦ ��, �� JUL 1983 0 99 Church Street, New York, N.Y. 10007 VED 212 - 553 -0300 P BY July 22, 1983 Mr. Gary D. Platz City Administrator City Hall Hutchinson, Minnesota 55350 Dear Mr. Platz: We wish to inform you that our Rating Committee has assigned the rating of A to the $950,000 the the Hutchinson, Minnesota General Obligation, Unlimited Tax Bonds to be sold July 26, 1983. In order that we may maintain the currency of this rating over the period of the loan, we will require current financial and other updating information. We will appreciate your continued cooperation in the future. Sincerely yours, Freda Stern Ackerman Executive Vice President BB:vlw cc: Ms. Nancy Liss Ehlers & Assoc., Inc. First National -Soo line Concourse 507 Marquette Avenue Minneapolis, Minnesota 55402 t-a' I DORSEY & WHITNEY A Pa ,Persnlp In Jodn9 Frc esSionai Corpo 60tl $ 2200 FIRST BANK PLACE EAST MINN EAPOLIS, MINNESOTA 55402 (612) 340 -2600 TEL 29 -0505 TEIECORER: (612)340-2868 $950,000 Improvement Bonds of 1983 City of Hutchinson McLeod County, Minnesota We have acted as Bond Counsel in connection with the issuance by the City of Hutchinson, McLeod County, Minnesota, of its Improvement Bonds of 1983, initially dated August 1, 1983, in the total principal amount of $950,000. The Bonds are issued in fully registered form in the denominations of $5,000 or any integral multiple thereof. The Bonds mature on February 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts bear interest from date of issue until paid at the annual rates set forth opposite such years and amounts, respectively: Year Amount Rate Year Amount Rate 1985 $ 75,000 % 1990 $100,000 % 1986 75,000 1991 100,000 1987 100,000 1992 100,000 1988 100,000 1993 100,000 1989 100,000 1994 100,000 Interest is payable on February 1 and August 1 in each year, commencing February 1, 1984, to the holder of record as of the 15th day of the immediately preceding month. Bonds maturing in the years 1991 through 1994 are subject to redemption and prepayment at the option of the City and in inverse order of maturity dates, and by lot within any maturity, on February 1, 1990 and any interest payment date thereafter, at a price of the principal amount thereof plus accrued interest. The interest on the Bonds is payable by check or draft mailed by Norwest Bank Minneapolis, National Association, in Minneapolis, Minnesota, or a successor bond registrar and paying agent, and the principal thereof is payable to the registered holder upon presentation at the office of the bond registrar and paying agent. For the purpose of this opinion we have examined certified copies of certain proceedings taken by and certificates and affidavits furnished by the City in the authorization, sale and issuacne of the Bonds, including the form of the Bonds. From our examination of such proceedings, certificates, and affidavits, assuming the authenticity thereof, the genuineness of the signatures thereon, and the accuracy of the facts stated therein, and based upon laws, regulations, rulings and decisions in effect on r-d DORSEY & WHVTNEY $950,000 Improvement City of Hutchinson, Bonds of 1983 McLeod County, :Minnesota -2- the date hereof, it is our opinion that: 1. The Bonds are in due form, have been duly executed and delivered, and are valid and binding general obligations of the City enforceable in accordance with their terms, except to the extent enforceability may be limited by State of Minnesota or United States laws relating to bankruptcy, reorganization, moratorium or creditors' rights. 2. The principal of and interest on the Bonds are payable primarily from ad valorem taxes and special assessments which the City has levied or agreed to levy with respect tothe improvements financed by the issuance of the Bonds, the collection of which the governing body of the City has estimated will produce amounts at least five percent in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, but if necessary for payment of such principal and interest, ad valorem taxes are required to be levied on all taxable property in the City, which taxes are not subject to any limitation as to rate or amount. 3. The Bonds are not "arbitrage bonds" within the meaning of Section 103(c) of the Internal Revenue Ccde of 1954, as amended, and the regulations promulgated thereunder. 4. The Bonds are not subject to taxation as property by the State of Minnesota, its agencies, municipalities or political subdivisions, and interest to be paid on the Bonds is not includible in gross income of the recipient for United States or State of Minnesota income tax purposes other than State of Minnesota excise taxes imposed on banks and corporations and measured by income. We have not been asked, and have not undertaken, to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and, accordingly, we express no opinion with respect thereto. Dated this day of , 1983. • 0 CERTIFICATION OF MINUTES RELATING TO $950,000 IMPROVEN;ENT BONDS OF 1983 Issuer: City of Hutchinson, Minnesota Governing body: City Council Kind, date, time and place o= meetina: regular meeting held on July 26, 1983, at 7 :30 .,'clock _. *_ C.D.T., at the Citv :fall. Members present: Members absent: Documents attached: Minutes of said meeting (including): RESOLUTION NO. 7462 RESOLUTION RELATING TO $950,000 IMPROVEMENT BONDS OF 1983; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION, DELIVERY AND SECURITY THEREOF AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF I, the undersigned, being the duly qualified and obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, insofar as they relate to the obligations; and that the meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice given as required by law. WITNESS my hand officially as such recording officer this _ day of , 1983. Gary D. Plotz City Administrator Q. The City Administrator presented affidavits showing publication in a legal newspaper having a general circulation in the City and in a daily or weekly Deriodreal published in a Minnesota city of the first class or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of its service, of notice of sale of $950,000 Improvement Bonds of 1983 of the City, for which bids were to be considered at this meeting in accordance with the - esolution adopted by the City Council on July 12, 1983. Said affidavits were examined, found to comply with the provisions of Dinnesota Staru-es, Chapter 475, and were aporoved a -d ordered n1aced on file in the office of the City Adminis rotor. It was reported that sealed bids were received prior to 3:00 P.M., Central Daylight Time, pursuant to said notice of sale. The bids have been opened, read and tabulated, and the highest and best bid of each bidder was found to be as follows: Bid For Interest Name of Bidder Principal Rates • Total interest Cost - Net Average Rate • 0 Member C introduced the following resolution and moved its adoption: RESOLUTION NO. 7462 RESOLUTION RELATING TO $950,000 IMPROVEMENT BONDS OF 1983; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION, DELIVERY AND SECURITY ThH] EOF =ND LE'v -"ING AD VALOREM TAXES FOR THE PAS?" =\= `_R OF BE IT RESOLVED by the City Council (the Council) of the City of Hutchinson, McLeod Ccunzy, ._ ._nescta (tine City), as follows: Section 1. Recitals. 1.01. Authorization. This Council has heretofore ordered the local improvements designated as Project Nos. constructed within the City under and Statutes, Chapter 429, the estimated Improvements being as follows: Construction Engineering Capitalized Interest Cost of Issuance Bond Discount TOTAL PROJECT COSTS: (the Improvements) to pursuant to Minnesota total cost of the $700,000 105,000 85,000 42,000 18,000 $950.000 It is hereby determined to be necessary and expedient for the City to issue and sell its Improvement Bonds of 1983 (the Bonds) in.the principal amount of $950,000 to defray the expense incurred and to be incurred in making the Improvements, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65, $18,000 of such amount representing interest as provided in Minnesota Statutes, Section 475.56. 1.02. Award of Sale. Notice of sale of the Bonds has been duly published, and the Council has publicly received and considered all sealed bids presented in conformity with the notice. The most favorable of such bids is ascertained to be that of , of and associates, to purchase the Bonds at a-price of $ plus accrued interest, and upon the further terms and conditions set forth in this resolution. The Mayor and City Administrator are authorized and directed to endorse an acceptance on both copies of the bid and to send one copy to the bidder. The City Administrator is directed to retain the good faith check of said bidder pending delivery of the Bonds and payment therefor, and the good faith checks of other bidders shall be returned to them forthwith. 1.03. Issuance_ of Bonds. All acts, conditions and things which are reauired by the Constitution and laws of the State of Minnesota to be done, to exist, to han_cen and to be oerfor,.ned precedent to and :n the valid issuance of ,.he Bdnds havina been done, etistina, ^av:_ ^.c _^.a C� ned and :av =. Deen :'erfo:=ed, i- is now necessary for t ^ -'_s Council to esLatlish -he form and terms of the Bonds, to provide for the security thereof, and to issue the Bonds forthwith. Section 2. Form of Bonds. The Bonds shall be prepared in substantially the following form: -2- • • • [Face of the Bonds) U14ITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF McLEOD CITY OF HUTCHINSON IMPROVEA___QT BONTD OF 1983 Date of Rate Maturity Oriainai issue CUSIP !gym KNOW ALL MEN BY THESE PRESENTS that the City of Hutchinson, McLeod County, Minnesota (the City), acknowledges itself to be indebted and for value received hereby promises to pay to _ or registered assigns, the principal sum of DOLLARS, on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable on February 1 and August 1 in each year, commencing February 1, 1984, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Norwest Bank Minneapolis, National Association, in Minneapolis, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the Bond Registrar), or its successor designated under the Resolution described herein. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth at this place. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of one of its authorized representatives. -3- IN WITNESS WHEREOF, the City of Hutchinson, McLeod County, State of Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of the Mayor and the City Administrator and by a printed facsimile of the official seal of the City and has caused this Bond to be dated as of the date set forth below. Dated: ( °acsimile S'- cna-ure) (Facs -mile Sic_nazure) City AdministralLor Ma_7or (Facsimile Seal) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. NORWEST BANK MINNEAPOLIS, NATIONAL ASSOCIATION By Authorized Representative [Reverse of the Bonds] This Bond is one of an issue in the aggregate principal amount of $950,000 (the Bonds), all of like date and tenor except as to serial number, denomination, interest rate, maturity date and redemption privilege, issued pursuant to a resolution adopted by the City Council on July 26, 1983 (the Resolution) to pay the cost of construction of local improvements in the City (the Improvements), and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. This Bond is payable primarily from the 1983 Improvement Bond Fund (the Bond Fund) of the City, but the Council is required by law to pay maturing principal hereof and interest hereon from any funds in the City treasury if moneys on hand in the Bond Fund are insufficient therefor. The Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any multiple thereof, of single securities. -4- 0 • • • Bonds maturing in the years 1985 through 1990 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in the years 1991 through 199,1 are each subject to redemption and prepayment, at the option of the City and in inverse order of maturities and by lot, assicned in proportion to their principal amount, within any maturity, on February 1, 1990 and on any interest payment date thereafter, at a price equal to the _ nrincipal amount thereof pl,-:s accrued interest to the date of redem -c -iron. =t 'east thirty Qays or'_or to zhe date set for redemption of any Bond, Notice of the call for redemption will be publis: ^ed in a daily or weekly periodical, pdblished in a Minnesota clay Of the first class or its metropolizan a'r'ea, which circulates throughout the state and furnishes financial news as a Dart of its service, and will be mailed to the Bond Registrar and to the registered owner thereof, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Band is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding -5- general obligation of the City according to its terms have been done, do exist, have happened and have been performed in regular and due form as so required; that prior to the issuance hereof the City has agreed to levy ad valorem taxes upon all taxable property within the City and special assessments on property specially benefited by the Improvements, collectible in the years and amounts required to produce sums not less than five _percent in excess of the orincioal of and interest on the Bonds as such principal and interest respec_iveiy become due, and has a_rarcoriated the same to the Bond F-ind in the manner Specified in Minnesota Statutes, Sections 429.091 and 475.61; that, in the event of any accumulated or an-icipated deficiency in the Bond Fund, additional ad valorem taxes are required by law to be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness cf the City to exceed any charter, constitutional or statutory limitation. The following-abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: . TEN COM -- as tenants UNIF GIFT MIN ACT..... Custodian..... in common (Cust) (Minor) TEN ENT -- as tenants by the entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common under Uniform Gifts to Minors Act...................... (State) Additional abbreviations may also be used, though not in the above list 0 • • ASS I GNXENT 0 FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the hooks kept for reg.'strat -on thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER -DENTIFYING NUMBER OF ASSIGN3FE: NOTICE: The signature to this assionment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Section 3. Bond Terms, Execution and Delivery. 3.01. Maturities, Interest Rates, Denominations, Payment. The City shall forthwith issue and deliver the Bonds, which shall be denominated "Improvement Bonds of 1983" and shall be payable primarily from the 1983 Improvement Bond Fund created in Section 4.02 hereof. The Bonds shall be in the denomination of $5,000 each or any integral multiple thereof, shall mature on February 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest from date of issue until paid or duly called for redemption at the rates per annum shown opposite such years and amounts as follows: Year Amount Rate Year Amount Rate 1985 $ 75,000 1990 $100,000 1986 75,000 1991 100,000 1987 100,000 1992 100,000 1988 100,000 1993 100,000 1989 100,000 1994 100,000 The Council finds and determines t forth above, are warranted by the assessments levied or to be levied Improvements. 3G hat such maturities, as set anticipated collection of the for the cost of the The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein.' 3.02. Dates; Interest Payment Dates. Each Bond shall be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond ha_ been paid or made available for pavment, unless (i) the date of authentication is an interest _uavment date to whic- interest has been Daid or made available for Day_ment, in wn -_c1 case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to February 1, 1984, in which case such Bond shall be dated as of August 1, 1983. The interest on the Bonds shall be payable on Febrtary 1 and Aug-List 1 in each year, commencing February 1, 1984- to the owner of record thereof as of the close of busine,; on the fifteenth day of the immediately preceding month, vhether or not such day is a business day. 3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any.Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new wcm • • • Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promotly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) ImoroDer or Una-.;thorized Transfer. When anv Bond is Dresentea to the Ze4 -strar Lor transfer, the ReQ'_Strar may refuse to transfer t:.e same until it is satisfied that the endorsement on such 3ond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated Lost Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like - amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 3.04. Appointment of initial Registrar. The City nerebv appoints _vorwest Bank ?114nneapol_s, National a.ssociat'_on, as -he initial Registrar. The ''favor and the City = dminlStrator are authorized to execute and deliver, on behalf of the City, a contract with Norwest Bank Minneapolis, National Association, as Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The Citv a4rees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon thirty (30) days notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Administrator shall transmit to the Registrar, from the 1983 Improvement Bond Fund described in Section 4.02 hereof, moneys sufficient for the payment of all principal and interest then due. 3.05. Redemption. Bonds maturing in the years 1985 through 1990 shall not be subject to redemption prior to maturity, but Bonds maturing in the years 1991 through 1994 shall each be subject to redemption and prepayment, at the option of the City, in inverse order of maturities and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, on February 1, 1990 and on any interest payment date thereafter at a price equal to the principal amount thereof plus accrued interest to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, the City Administrator shall cause notice of the call for redemption to be published in a daily or weekly periodical published in a Minnesota city of the first class or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of its service, and to be mailed to the Registrar and to the registered holder thereof, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond. -10- 3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by t_^e signatures of the Mayor and the City Administrator, and shall be sealed with the official corporate seal of the City, provided that said signatures and the corporate seal may be printed, engraved, or lithographed facsimiles thereof. In case anv officer whose sicnature, or a facsimile of w - -cse signature, shall appear on the Bonds shall cease to be such officer before the delivery of anv Bond, -such sicnature or facsimile shall nevertheless be ' Jalid and si _C "-ent for all purposes, L.• ^.e Sc.T.2 as if Such officer had remained In o -Lice until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an a•ithorized representative of the Registrar. Certificates of authenticatior_ on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Administrator to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. Section 4. Security Provisions, 4.01. 1983 Improvement Construction Fund. There is hereby created a special fund to be designated as the "1983 Improvement Construction Fund" (the Construction Fund), to be held and administered by the City Administrator separate and apart from all other funds of the City. The City appropriates to the Construction Fund (a) the proceeds of the sale of the Bonds, except any amount in excess of $932,000 and any accrued interest received from the Purchaser in the sale of the Bonds, and (b) all collections of special assessments levied for the' Improvements prior to completion and pal-nent of all costs of the Improvements. The Construction Fund shall be used solely to defray expenses of the Improvements, including but not limited to the transfer to the 1983 Improvement Bond Fund, created pursuant to Section 4.02 hereof, of amounts sufficient for the payment of interest and principal, if any, due upon the Bonds prior to the completion and payment of all costs of the Improvements. A separate account shall be maintained in the Construction Fund to record expenditures for each Improvement, and when the total cost thereof has been paid, all subsequent collections of special assessments levied for that Improvement -11- shall be credited and paid into the 1983 Improvement Bond Fund as defined in Section 4.02. Upon completion and payment of all costs of the Improvements, any balance of the proceeds of Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other improvements instituted pursuant to Minnesota Statutes, Chapter 429, as directed by the City Council, but any balance of such proceeds not so used shall be credited and paid to the 1983 = mprovement Bond Fund. 4.02. 1983 Z=revement 3ond Fend. So lone as any of the Bonds are outs ardinu and anv nr--ncipai hereof or interest thereon unpaid, the City Administrator s "call maintain a separate and sn_ecial 1983 :c:orovement Bond Fund (the Bond Fund) to be used for no purpose other than the payment of the principal of and interest on the Bonds and on such other improvement bonds of the City as have been or may be directed to be paid therefrom. The City irrevocably appropriates to the Bond Fund (a) the collections of special assessments and other funds to be credited and paid thereto in accordance with the provisions of Section 4.01, (b) any taxes levied in accordance with this resolution, and (c) all such other moneys as shall be received and appropriated to the Bond Fund from time to time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient, and the Council covenants and agrees that it will each year levy such taxes as may be required for the payment of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. 4.03. Additional Bonds. The City reserves the right to issue additional bonds payable from the Bond Fund as may be required to finance costs of the Improvements not financed hereby; provided that the City Council shall, prior to the delivery of such additional bonds, levy or agree to levy by resolution sufficient additional ad valorem taxes and special assessments which, together with other moneys or revenues pledged for the payment of said additional obligations, will produce revenues at least five percent in excess of the amount needed to pay when due the principal and interest on all bonds payable from the Bond Fund. The additional ad valorem taxes, special assessments and moneys or revenues so pledged, levied or agreed to be levied shall be irrevocably appropriated to the Bond Fund in the manner provided by Minnesota Statutes, Section 475.61. 4.04. Levy of Special Assessments. The City hereby covenants and agrees that for payment of the cost of each of -12- 0 0 0 the Improvements it will do and perform all acts and things necessary for the full and valid levies of special assessments against all assessable lots, tracts and parcels of land benefited thereby and located within the area proposed to be assessed therefor, based upon the benefits received by each such lot, tract or parcel, in an aaarecate principal amount not less than 20 Dercent of the cost of each of the Improvements. In the event that any such assessment shall be at any time held invalid with respect to any lot, piece or Darcel of land, owing_ to any error, defect or irregularity in any action or proceed =na Laken or Lo be Laken by Lee City or this Co-ci__ or any of the Cltv's officers or emDlovees, either in L_ ^.e caking of such assessment or in the performance of any condition precedent thereto, the City and this Council 'hereby covenant and agree that they will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessments a valid and binding lien upon such property. For the purpose of computing the ad valorem tax levy in Section 4.05 hereof, the Council presently estimates that the aggregate principal amount of said assessments will be not less than $ , payable in not more than _ equal consecutive, annual installments, the first of said installments to be collectible with taxes during the year 198 . It is further estimated that deferred installments will bear interest at a rate of not less than _ percent per annum from the date of the resolution levying said assessment until December 31 of the year in which the installment is payable. 4.05. Ad Valorem Taxes. It is hereby found and determined to be just and equitable that such part of the cost of the Improvements not paid by collections of the special assessments agreed to be levied pursuant to Section 4.04 hereof shall be paid from general ad valorem taxes levied upon all taxable property in the City, and that such portion of the cost will not exceed the total benefits to be conferred by the Improvements upon the City at large. In order to provide the additional amounts required by Minnesota Statutes, Section 475.61, Subdivision 1, for the payment of the Bonds, and provide for the payment of such portion of said cost of the Improvements, there is hereby levied upon all of the taxable property of the City a direct, annual ad valorem tax, which shall be collectible with other taxes in the years and amounts as follows: -13- Levy Collection Levy Collection Year Year Amount Year Year Amount 1983 1984 1984 1985 1985 1986 1986 1987 1987 1988 1988 1989 1989 1990 1990 1991 1991 1992 1992 1993 1993 1994 Said taxes shall be lrreDealable as long as any of the Bonds herein authorized are outstanding and unpaid; provided, that the City reserves -he right and Dcwer to reduce the levies in the manner and to the extent provided in Minnesota Statutes, Section 475.61. 4.06. Full Faith and redit Pledged. The full faith and credit of the City are irrevocably pledged for the prompt and full payment of the principal of and interest on the Bonds, and the Bonds shall be payable from the Bond Fund in accordance with the provisions and covenants contained in this resolution. It is estimated that the special assessments levied and to be levied, together with the ad valorem taxes levied for the payment of the Improvements and other moneys legally available to the City for such purposes, will be collected in amounts not less than five percent in excess of the annual principal and interest requirements of the Bonds: If the money on hand in the Bond Fund should at any time be insufficient to pay all principal and interest due on all bonds payable therefrom, such amounts shall be paid from any other fund of the City and such other fund shall be reimbursed therefor when sufficient money is available in the Bond Fund. If on October 1 in any year the sum of the balance in the Bond Fund plus the amount of special assessments and any ad valorem taxes theretofor levied for the Improvements and collectible through the end of the following calendar year is not sufficient to pay when due all principal and interest to become due on all bonds payable therefrom in said following calendar year, or the Bond Fund has incurred a deficiency in the manner provided in this Section 4.06, an additional direct, irrepealable, ad valorem tax shall be levied on all taxable property within the corporate limits of the City for the purpose of restoring such accumulated or anticipated deficiency in accordance with the provisions of this resolution. Section 5. Defeasance. When all of the Bonds have been discharged as provided in this Section 5, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date -14- 0 0 by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for 'the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with rescect to anv nreiDavable Bonds called for redemption on anv date wren thev are Drenayable accor34ng to their terms, by depositing w_-n -Le seclStrar on or -ore -nat Cate a sLLm sufficient =or paL°:'.enE t.;ereof In flll'_ provided �nar notice of the reQemDt --i-2 : - -eG' f:aS .^�cen oll1V giv2R as provided in Section 3.05. he Ci-�:v -may also at any t-_me discharge its obligations wic_n respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depcsiting irrevocably in ascrow, with a bank qualified by law as an escrow agent for rhis purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity. Section 6. Count dines. Investment 7 Auditor Rec of Mo istration, C d Arbitraqe. 6.01, Countv Auditor Registration. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of McLeod County, together with such other information as the County Auditor shall require, and to obtain from said County.Auditor a certificate that the Bonds have been entered on the bond register as required by law. 6.02. Certification of Proceedings. The officers of the City and the County Auditor of McLeod County are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 6.03. Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents -15- any action which would cause the interest on the Bonds to become subject to taxation under the internal Revenue Code of 1954, as amended (the Code), and the Treasury Regulations promulgated thereunder (the Regulations). 6.04, investment of Monevs on Deposit in Bond Fund. The City Administrator shall ascertain monthly the amount on deposit in the Bond Fund. if the amount o,_ deposit therein ever exceeds by more than 5142,500 the aca_egate amount of nrincinal -and interest due and oavable iron the Bond Fund %,"_thin the next succeed4_no 12 mon -L -s, such excess shall not be invested except at a yield less than or equal to the yield on the Bonds, based upon their amounts, :raturities and interest rates on their date of issue, computed by the actuarial method. if anv additional improvement bones are ever issued and made payable from the Bond Fund pursuant to Section 4.03 hereof, the dollar amount in the preceding sentence shall be changed to egaal 15 percent of the aagrecate principal amount of all bonds, including the Bonds, which are then outstanding and payable therefrom. The City reserves the right to amend the provisions of this-Section 6.04 at any time, whether prior to or after the delivery of the Bonds, if and to the extent that this Council determines that the provisions of this Section 6.04 are not necessary in order to ensure that the Bonds are not "arbitrage bonds" within the meaning of Section 103(c) of the Code and Regulations. 6.05. Arbitrage. The Mayor and City administrator, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 103(c) of the Code, and Sections 1.103 -13, 1.103 -14 and 1.103 -15 of the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations. Attest: Mayor City Administrator 0 -16- . The motion for the adoption of the foregoing resolution was duly seconded by Mervoer and upon vote being taken thereon, the following voted in favor thereof: and the `allowing voted aCa_ns' ,=he same: whereupon said resolution was declared duly passed and adopted. -17- STATE OF MINNESOTA) COUNTY AUDITOR'S CERTIFICATE VAS TO ) ss. REGISTRATION OF BONDS AND TAX LEVY - COUNTY OF McLEOD ) CITY OF HUTCHINSON, DiI1`NESOTA I, the undersigned, being the duly qualified and acting Countv Auditor of McLeod Countv, Minnesota, hereby certify that there has been filed in my office a certified copy of a resolution of the City Council of t'-'e City of Hutchinson, in said County, adopted July 26, 1983, authorizing the issuance, awarding the sale, fixing the form and details and providing for the execution, delivery and security of $950,000 Improvement Bonds of 1983, of the City, to be initially dated August 1, 1983, and levying taxes for the payment of principal of and interest on said Bonds. I further certify that said issue has been entered on my bond register and that the tax required by law for payment of said Bonds has been levied and filed as required by Minnesota Statutes, Section 475.61 to 475.63. WITNESS my hand and official seal this _ _ day of 1983. (SEAL) -18- County Auditor (612) 587.5151 C /YY OF : U7 C[-,WJ,'3diV 3714fASYIIVOTO,'%'AVLfNUE (NEST NUTCHMON. MINN 55350 M E M O DATE: July 19, 1983 TO: Mayor and City Council FROM: Director of Engineering RE: Project 83 -01 -16 Second Avenue S.E. As previously reported, the following bids were received for the above - referenced project: Aero Asphalt, Inc. $75,455.00 63n. Mueller and Sons, Inc. $79,387.00 J. W.Hanson Construction Company $83,561.50 Buffalo Bituminous, Inc. $86,886.40 I recomend awarding the contract to Aero Asphalt, Inc., in the amount of $75,455.00. 6 Marlow V. Priebe Director of Engineering MVP /pv w4or RESOLUTION ACCEPTING BID AND AWARDING CONTRACT PROJECT N0. 83 -01 -16 Resolution No. 7455 WHEREAS, pursuant to an advertisement for bids for the improvement of Second Avenue S.E. between Adams Street and Huron Street, by the construction of Grading, Gravel Base, Bituminous Base, Bituminous Wearing Surface, Curb and Gutter, Sidewalk and Appurtenances, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Aero Asphalt, Inc. $75,455.00 Wm. Mueller and Sons, Inc. $79,387.00 J. W. Hanson Construction Company $83,561.50 Buffalo Bituminous, Inc. $86,886.40 AND WHEREAS, it appears that Aero Asphalt, Inc., Box 217, Hamel, Minnesota, 55340, is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHNSON, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into the attached contract with Aero Asphalt, Inc., Box 217, Hamel, Minnesota, 55340, in the name of the City of Hutchinson, for the above - mentioned improvement, according to the plans and specifications therefor approved by the city council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the city council this 26th day of July, 1983. City Clerk Mayor q 10 (612) 587.5151 C -Y OF NU)-C:IIIVSON 37 WASHING TON AVENUE WEST HUTCHINSON , "AWN. 55350 TO: Mayor & City Council FROM: Mark Schnobrich, City Forester DATE: July 22, 1983 SUBJECT: Masonic Temple Site In order to provide greenery to the downtown area, I would like to recommend that some of the existing trees and shrubs on the Masonic Temple lot be saved. Director of Engineering, Marlow Priebe has pro- posed four plans. Some plans include trees and shrubs , others exclude them. I would like to propose his plan -D with the addition of the 1.0' Spruce on the southeast portion of the lot, and the walnut and shrubs on the east side. A 24 X 24 foot area around the Spruce both northeast and southeast will provide sufficient area for root growth, while also allowing space for additional shrubs and or flowers. The Black Walnut on the east side will need a green area of 18 X 18 feet. This would allow enough spacing between to allow for a parking stall. The existing shrubs around the building itself will be transplanted to our parks. klm • 0 M E M O R A N D U M DATE: July 26, 1983 — — — — — — — — — — — — — — -- TO: Mayor and City Council — — — — — — — — — — -- — — — — — — — — — — — — — — — — — — — — — FROM: Marilyn Swanson, Administrative Secretary — -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — SUBJECT: Agenda Item 8 -d. I have been informed that agenda item 8 -d. has been withdrawn from the agenda for tonight's meeting. 0 , EX WATER STREET Risk Control E %CELSIOR. MINNESOTA 55331 INSURANCE MANAGEMENT SERVICES i6IZI A�< -szoa \�2C212- 3�Q �5. `6 Q �,yL�9.83 'I v TO: Members of the City Council, City of Hutchinson, Minnesota FROM: Dwight A. Tange, Risk Manager °�SBL Risk Control, Inc. DATE: July 20, 1983 SUBJECT: Results and Recarnm endations of Public Bidding: Group Life and Accidental Death and Dismemberment Insurance, Group Long -Term Disability Insurance, Group Dental Insurance INTRODUCTION Per my letter of May 16th, 1983 to Gary D. Plotz, reco:rr -nding that the above - mentioned coverages be put out for public bids, specifications were drafted and released on June 20, 1983 at 1:30 P.M. Local Time. On July 19th, 1983, at 1:30 P.M. Local Time, the bids that were received were opened and read. aloud by Mr. Ken n!Ierri11. Councilman Ted Beatty and myself were present along with a number of the bidding agents involved. The City received ten bids for the Group Life Insurance, three bids for the Long -Term Disability Insurance, and eight bids for the Group Dental Insurance. Attached to this memo are my tabulation sheets of these bids and below you will find a brief discussion and reconnendation regarding each of these coverages. GROUP LIFE INSURANCE Of the ten bids received for Group Life Insurance, the overall lowest bid received was from Minnesota Mutual Life Insurance Company, which is the company which has been writing your Group Life Insurance for the past two years. Their quoted rate for the coining year is 27C per thousand dollars of insurance per month, versus the rate previously charged of 34t per thousand dollars of insurance per month. Their rate for Accidental Death and Dismemberment Insurance remains the same at 4C per thousand dollars of insurance per month. By way of comparison, the total annual premium that you will pay for the coming twelve months based on the current list of erirployees at their current salaries is $1,323 less than you would have paid at the current rates that had been charged. Incidentially, Minnesota Mutual had offered a renewal on your Group Life Insur- ance at the same rate that you had paid last year and in the subsequent public bidding reduced their rate. It is therefore my recQnendation, that the City of Hutchinson award the Group Life Insurance to the current carrier, Minnesota Mutual Life Insurance Coapany for the coming twelve months. t— -e--. Memo to City Council Hutchinson, Minnesota July 20, 1983 Page 2 GROUP LONG -TERM DISABILITY INSURANCE of the three bids received for Group Long Term Disability Insurance, the lowest bid was provided by the Phil Stewart Insurance Agency of Albert Lea, Minnesota through an organization ]moan as Schools Insurance Fund. This program is under- written by the Fireman's Fund Insurance Company and is commonly used by school districts in the State of Minnesota, as it is endorsed by the Minnesota School Board Association. The only exceptions to the specifications in the School Insurance Fund's proposal were areas where they exceeded the specifications as written. The premium rates which are based on the total monthly covered salaries or compensation are .39% for all employees other than law enforcement personnel and .67o for all law enforcement personnel. I calculated the total annual cost to the City of Hutchinson on the basis of your current list of employees and salaries and found it to be $6,969.36. The plan you previously carried through Equitable Life Assurance Society of the United States, which incidentally had been non - renewed due to Fquitable's decision to cease writing that plan in the State of Minnesota, would have been $8,586.48. This consti- tutes a $1,617.12 savings to the City of Hutchinson for what I believe to be substantially better coverage. It is therefore my recommendation, that the City of Hutchinson award the Long - Term Disability Insurance for the coming year to Schools Insurance Fund, under- written by Fireman's Fund Insurance Company with Phil Stewart Insurance Agency of Albert Lea, Minnesota, as agent of record. GROUP DENTAL INSURANCE of the eight bids received for Group Dental Insurance, the lowest bid received was from the P7adsen Agency through Minnesota Indemnity, Inc., but this program provides for a scheduled amount to be paid for each dental procedure performed. This is not, in my opinion, substantial compliance with the specifications. The specifications requested coverage on a usual, customary and reasonable basis, and the next lowest bid that substantially complied with the specifications was pro- vided by Bob Martin and Associates of Minneapolis, Minnesota through Canada Life Insurance Company. You may recall that on June 28th, 1983 I reported to the Council that the upgrading of coverage under the Group Dental to a usual and customary basis may well result in an increase in premium rates of up to 50 %. I am happy to report that this, in fact, is not the case, and that the total annual premium under the Canada Life policy for the current list of employees would be $17,477.28. By way of caparison, your current Group Dental plan through Crown Life would have cost at the current premium rates $18,613.44 per year. This represents a savings of $1,136.16. to the City of Hutchinson for the caning year, with the desired upgrading of benefit levels included. It is therefore my recommendation, that the City of Hutchinson award the Group Dental Insurance to Bob Martin and Associates of Minneapolis, Minnesota to be underwritten by Canada Life Insurance Company for the coning year. • • Memo to City Council Hutchinson, Minnesota July 20, 1983 Page 3 IMPORTANT ADDITIONAL CONSIDERATIONS I feel that it is necessary and prudent on my part to point out a potential problem that could be created by the acceptance of my recommendations. Although it is true that we were able to improve the coverage in many cases while reducing your costs by a fairly substantial airount of money, there is always an inherent danger in increasing the coverage benefits for employees as in future years you will likely be expected to continue providing these increased benefits in spite of potential increases in premiums that may be encountered. Regarding the Group Life Insurance, the recommendation that I have made above involving staying with the same carrier and on the same plan, represents a duplication of benefits as they have been provided in the past, and therefore poses no potential problem that I can foresee. Regarding the Group Long -Term Disability, it was not my intention to increase the coverages or level of benefits over what you had carried in the past. The program that I have recommended above that you accept for the caning year included a number of items where the coverage effectively exceeds what was called for in the specifications. If you were to accept this program as proposed, you would place yourselves in a position where you would be expected to maintain this level of benefits in the future and with the potential for price increases in the years to come, this may not be desirable. Your alternatives, as I see it, would be to accept the program with the broader coverage provisions as proposed or ask that the company providing the insurance endorse and alter their policy such that the benefits under their policy would be exactly equiv- alent to what you have carried in the past. If you were to ask the comi. any to reduce the broadness of its provisions such that the program remains the same as in past years, I would not anticipate a substantial reduction in premium but you would avoid setting a president of broader benefits that you would have to adhere to in future years. Regarding the Group Dental Insurance, the only increase in coverage over what you have carried in the past is the utilization of the usual, customary and reasonable method of establishing the amount of payment for specific dental procedures. This change was intentional and drafted into the specifications to correct a problem that has arisen under your current dental plan wherein the scheduled method of payment of benefits was not meeting the charges that were being made by local dentists. The reason for this gap, is that the schedule upon which payments are based is outdated and I did cover that situ- ation in my letter to Mr. Gary D. Plotz of May 16th, 1983. I feel that it is proper to carry through with this upgrading of the dental coverage, as I believe the current plan is a source of frustration for employees that is unneeded. The only other difference between the newly proposed dental plan and your current plan is that the new plan will not pay for prescription drugs purchased from a licensed pharmacist that are prescribed by a dentist, whereas your current dental plan would pay for such prescription drugs. Memo to City Council Hutchinson, Minnesota July 20, 1983 Page 4 In my opinion, this is not a significant difference, and does not change or alter ray reoormendation above. CONCLUSSIONS The total savings achieved for the City of Hutchinson by this public bidding is $4,079.28. I will be in attendance at your July 26th, 1983 City Council meeting to answer any questions that you may have. I am attaching my tabula- tion worksheets to this mam for your review. I wish to thank you for allowing me to be of service to the City of Hutchinson. DAT/kja • • zeo 11(ar¢( /am I-)h rn l CtU4� y� , u o c iu r rif% ;; {�ss�Q Ue6 -HU40 4 Asir Uu l c � i ism I Allx�' }/.rti /7,✓. ' ufc�7 %� g,p ! Hu- l�H�`n so r � 0 ompo Y1 y Crow e hG Asti!fa J 6r-mI- I u/tvs> /"]i� lndernn ' Su r7 -L1'4'e DIP Harm (�anaa'ct GCvzra�un. Curren i sorrier G o ✓ /^ c%. _— -- rai fP 5 C/ oh A//) ro 11. Y o . /3- SD y, a /o, as S 28' �, -70 3, v( Faj77, /, X73. N7 33.65 35 7-2�1 13, 4 a 7.7Y/ 8'Z /9 03 ay 3`l 3o,8y5yU 3S� sa /�,��1 C/ �5 34 Z)1679� 171g7'1'— 3s�� � d L(,SGla/ F SChc'duk� �U s fnr>7ary yQS 'yes. P S y hu7" Q More. UP-- ,o -rla�� yes, ��s yPS \,J a Qa b00, 750, 7�d 7 S� � 5� 7 SD . 75 6, ra i�e 5 a r� Lq USaezys Non �{�al A)nre ��har CnFa�or �s are P/�XriPhbn �KCep}�or1S At� /v'U��. r10Hce o"F GYeSi'ni q 9 v�'laVI of cbeer¢ge b�ffev- s�han �(} mi-, efYccys not F � �iJ mwezrglroes .. Pro✓�s�c,45Gbo Ctu -Perot Co!/eYcQ.l. e�xC�hi,NS Ro�W6p T,)I=NTf}Z- rA�S[l t'ANC E CUYrcrnf dCi1}U�,�/om�um- ��I��.��yy PUBLIC BCDDINC -> CI iY o ��uTCHINS�7�l sav rt rigs - 1, }39 �� �iDs 012w .o 7 -19 -E3 /j')RUSt A) ffi�lC�i%ISO� r/1SC4ranC e Mo fua� 66rnpany I I-tfe 1/501anle e+�ce rr�n� C'uVYe�t" CKCe p h7 OS -b spec,'f%'ra-hoN5 0 f I, 051) ys ) M-les �uo,vn l eed -? years )3 year's, awn oceG�f/or7 des „fx of disabr /i Pi'e inY < clause bu +Ore..e,�ry ins"k Kd -kr^ ctf 1 legs, e year 9-c.1' ,c qtr reamer Of old p /avl ophon4/ P /a7v 3,0oo mcL 1,mvV'+ is rest P,pencive. O )� }( Sft�CIiC�Yf hCCD15 -T ns F7, d /Grerll) ans V tAA+d fl 3�2/S70? 0b16i% 36a ss o 6/9693b —/617 �z Prod Sion .6e7 'e' ' fine /nil � (''15t of Li�'irt� i ncrerrse asb l fyy- p�2v �o>, � 7'nonfhs /�srcud of 3 m e vrfi -7� 5SoG /S<�%J. 20 da /as5ff3 •• 9, 3c�,y a z� X77 (f� Grbup Lang /Prim D/'sab/%r'ly &blcllj clr'¢y of jqGLjLCAr`i'lson i°r -d OPei».'ng - 7 -/9 -83 D 'PC 4.%ehine £xibr 6endu57�n -ALc .se'ev�r7'fy f�'ter -L A600e £kcePfia "S • aye improue"42i . LLl "' r�. /0/ dP`Z /,2.5, 5-3 3 75- yv i%rionf� rr// %pry Ili /y rzt% s Q perce#ltage . 6y /o covered r'ion�f� 1y y / P/'ewl 1;"m 8'63 ,�a r val �3 Preml unl e+�ce rr�n� C'uVYe�t" CKCe p h7 OS -b spec,'f%'ra-hoN5 0 f I, 051) ys ) M-les �uo,vn l eed -? years )3 year's, awn oceG�f/or7 des „fx of disabr /i Pi'e inY < clause bu +Ore..e,�ry ins"k Kd -kr^ ctf 1 legs, e year 9-c.1' ,c qtr reamer Of old p /avl ophon4/ P /a7v 3,0oo mcL 1,mvV'+ is rest P,pencive. O )� }( Sft�CIiC�Yf hCCD15 -T ns F7, d /Grerll) ans V tAA+d fl 3�2/S70? 0b16i% 36a ss o 6/9693b —/617 �z Prod Sion .6e7 'e' ' fine /nil � (''15t of Li�'irt� i ncrerrse asb l fyy- p�2v �o>, � 7'nonfhs /�srcud of 3 m e vrfi -7� 5SoG /S<�%J. 20 da /as5ff3 •• 9, 3c�,y a z� X77 (f� Grbup Lang /Prim D/'sab/%r'ly &blcllj clr'¢y of jqGLjLCAr`i'lson i°r -d OPei».'ng - 7 -/9 -83 D 'PC 4.%ehine £xibr 6endu57�n -ALc .se'ev�r7'fy f�'ter -L A600e £kcePfia "S • aye improue"42i . LLl "' r�. /0/ dP`Z /,2.5, 5-3 3 75- yv A eh c� I (itizPi95 r -ns. n� +x .!N Y l it SfPkur Ins. A96ncy MgU51 N yEENeY /1jAp5E/V I r+c�ivcr SN�h �6/larh'n C Assn" '/✓1 Ail SfQ i "- .xy Pl�rl Sf��cpr JZ ; my 1Xlv,'c� rbauyh P>o(7/Y4irii' n�srx Ut sfGtKd >ru tctir sc., AlbCriLe3r,PW. Nu.�- ch;i�5c /nsan._I 5- A/ �'f M l l M.0 i u fr ln5a� r 19G• ks. _nvn 0VI p y C'riw ;I iGiPat- t,,'fe ��s C� Psc -4 /'lihnesola M iueil /%IuaI 3rneFit Gl�sfern Sfaf s SPPUr� 11F2 .Su, -Lr%e. o.F l ! arhiard S�tsCo. F- �c�nuC/Q �+ / 6uardln --/ Co. �, e Gf /-L e-I 0 . Cavctdct .(./e L /tPTns .li! -e ZnSuY'ancF lylonl%ly rafe / /oap 9 , `l1 � .a7 l 39 .33 .30 323 C Accideotrtl DeaMi ' Disw�e m bar .. 0(0 , b5 oil bS� .D . D SlS C7�/3 .05 //men+ O1.�Q`f /U , /J u l 1 J /,e s rs KS irtu,� Y3 O 3 0 3 Kz F(�Yc 0 /uine of L.4e - -- -_ AD-'D Tns�rnznce /,587,�'So /�S "63,c� / /(,py�p� / /57yaq� / 5:�?O a /�57,%rm 15-73 /57000 1,S73,a /57b,oLb (5<< /lofts �ionta� �s - 98' 7/8 82 (a 710 - '� ���— i8 536 - g'I 571- �` 1007 a9 5 /CI ` - /z 5�J �nnualiz�d p em �c h W, 9 96a7 0 gb�' Dal �, 9y5 - 0,Y3y, 9 y / 6la7 o ( M7�/� , 8,69 el 5r�59�' �S)/� -7 7J Flo? ° —° G,Lfah.- 6,9ss- �a7b3_° (/J37°O k)993oa �'� Y.Vi'n r �i eY2rlct(±�inrrecl I B —S(�7` tisla -J�3�3 - UU +q95 - CO 00 JCS 9y CG UO - cas. l- co%notc�S 10 ? yet rs Q 6rou,a ;s F /.gib /e �^dr;lirfCita'S 3 B,'cl C'e 1, v('red 4 Sid 4Y)S"gried. Groc�,c� �!'Ae Trisc�I-Qrir"e ) 07�: corre'cf Pubbe Bi *.1d1r' I crrecf /Nuw, ber ew okyees- 9o2- //y Gf 11ale I q 73id 5 Q ?r1f-d - 7 i (612) 587 -5151 • 4__JtY QE I'll' UYct- AI 1 37 WASHINGTON AVENUE WEST NUTCNINSON, MANN. 55350 M E M O DATE: July 21, 1983 TO: '7ayor and City Council FROM: Director of Engineering RE: Street Maintenance Program Project 83 -07 The projected assessment, based on the original program, and not accounting for street improvement projects in 1985 or 1986, is as follows: Maximum collection in 1984 $117,500 Maximum collection in 1985 $119,200 Maximum collection in 1986 $119,500 Maximum collection in 1987 $119,600 The reduction, based on recommended chances is as follows: Deleting all highway frontages 31,037' x 0 -20 = $ 6,207 -40 Reducing all highway frontages 31,037' x 0.10 = $ 3,103.70 Reducing all gravel surfaced streets 9,610' x 0.50 = $ 4,805.00 Reducing frontage to max. 100' "A" 3,494' x 1.00 = $ 3,494.00 Reducing frontage to max. 100' "B" 2,292' x 0.40 = $ 916.80 Reducing frontage to max. 100' "C" 9,615' x 0.20 = $ 1,923.00 The projected assessments could be as follows: Assessment Collection in 1984 from $100,154 to $103,258 Assessment Collection in 1985 from $101,842 to $104,946 Assessment Collection in 1986 from $102,083 to $105,187 Assessment Collection in 1987 from $102,158 to $105,262 As discussed at the workshop, we have funds bonded for 1983 maintenance costs in the amount of $78,500, as shown in the report dated May 21, 1982. This report only covered costs for patching and slurry seal of 4.6 miles of "B" type streets. Based on our 1983 proposed program, the 11.7 miles of ?B? type streets would be done over the 4 years, or 2.9 miles per year. This would amount to $48,500 on "B" streets. The remaining $30,000 would be used for purchasing material for the other streets. f-1, Street Maintenance Program Project 83 -07 July 21, 1983 Page 2 In 1984, 1985 and 1986, assuming about $48,500 for work on the "B" streets, we would have from $51,654 to $53,658 for the "A" and "C" type streets, providing our costs do not increase. In 1947 when Adams Street (T.H. 22) was constructed, the City did not approve concrete for the City's portion of the roadway. Instead, a bituminous mat was installed at a lower cost to the City. This area on Adams Street from Washington Avenue to Fair Avenue is equal to a normal City street and the maintenance assessment for these properties on T.H. 22 should remain at the $0.20 level. If we are to be able to certify an assessment for 1984, it is important that this program be approved no later than August 9, 1983, to allow us enough time to make up the rolls, set hearing date, send notices and hold hearing. It would be helpful, if I could get tentative approval in order to start getting some of the data on the rolls. Final rates and costs could be added after final approval. MVP /pv cc: Ralph Neumann Marlow V. Priebe Director of Engineering 0 (612) 587 -5151 t != �37WASHINGTONAVENUE VV-zST HUTCHINSON, f✓i1,'VIV 55350 M E M O DATE: July 20, 1983 TO: Mayor and City Council FROM: George F. Field, Fire marshal RE: John McLaughlin Property Request for action to call for bids for the removal of a house and other buildings and to fill all holes, including the well, with proper material, on Lots 4 and 5, Block 18, South 1/2 City. I have been assured by the City Attorney, Mr. Schaefer, that all legal notices have been published and that the Judge's order will be available by the first meeting in August, for your acceptance of bids, and that the cost for such work will be levied to the property through taxes. The City should also reserve the right to reject all bids. If you have any questions, please contact me. Respectfully, CITY OF HOTCHINSON i George F. Field Fire marshal GFF /pv cc: Orlin Henke, Fire Chief r- C-- (612) 879-2311 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: July 26, 1983 TO: Mayor & City Council — — — — — — — — — — — — — — — — FROM: Water Billing Department SUBJECT: Delinquent Water Accounts Attached is a listing of the delinquent water accounts for the month of July. Recommend water service be discontinued on August 1, 1983 at 12:00 Noon unless otherwise stated. *Service Address 0 DELINQUENT LIST FOR MONTH OF JULY 02- 0280 -1 -00 Alton Wicklund 605 Main St. S. Hutchinson, MN 55350 $73.57 *605 Main St. S. Promises to pay Aug. 4, 1983 03- 0500 -0 -00 Michael Luedtke Box 100, Route 1 Hutchinson, MN 55350 $59.71 *145 Second Ave. SE Roger Mies, 121 First Ave. SE, Hutch Promise to pay Aug. 1, 1983 05- 0180 -o -oo Christy's 18 Main St. N. Hutchinson, MN 55350 $ 99.82 *18 Main St. N. Promises to pay $44.91 8 -03, $44.91 8 -10 07- 0120 -5 -00 Wendell DeLong Route 2 Hutchinson, MN 55350 $30.30 *806 Franklin St. S. 07- 0315 -9 -00 Dennis Darveau 339 Fifth Ave. S.W. Hutchinson, MN 55350 $78.29 *215 Division Mark Fratzke, Route 1, Hutch 08-0840 -1 -00 2 Grove . S. Hute on, MN 55350 . S. 09- 1105 -1 -00 ` Gary Piehl 316 Grove St. S. Hutchinson, MN 55350 $32.24 *316 Grove St. S. Promise to pay $10.00 7 -30, $10.00 8 -05 & $12.24 8 -12 9 10- 1195 -4 -00 Bruce Daniels 1923 Willow Cr. Dr. 105 Austin, TX 78741 $58.25 *616 Grove St. S. Luann Sing, 361 Dogwood, Bird Island, MN Duane E. Kopesky Sheriff E Office of Sheriff of McLeod County Glencoe, Minnesota July 13, 1983 Hutchinson City Council 37 Washington Ave. W. Hutchinson, MN. 55350 Gentlemen: AI Cheney Chief Deputy The McLeod County Jail is required to have a periodic fire inspection by a local Fire Department official. The Jail Supervisor is also the Glencoe Fire Chief and therefore cannot make the inspection. I would request that the City Council allow the Hutchinson Fire Marshall, George Field, to make these inspections. I have spoken to George and he has agreed to make the inspections with the Council's approval. Any expenses incurred with these inspections will be incurred by the county. I appreciate your cooperation in this matter. Sincerely, Duane E. Kopesky Sheriff cc Equal opportunity Employer Mr. George Field 37 Washington Ave. W. Hutchinson, MN. 55350 JV' `� 9,��ttx�tris�►n July 22, 1983 city Council City Hall 37 Washington Ave. W. Hutchinson, MN 55350 Dear Council, AmMas,oabors 218 MAIN NORTH HUTCHINSON, MN 55350 The Hutchinson Ambassadors request a permit for their Food Concessions in Library square during the Arts & Crafts Festival, September 16th and 17th. This permit request is for the Ambassadors concessions only. The Arts & Crafts Committee of the Chamber of Commerce allows no other food sales in the festival with the exception of the franchised area. The concession stand will be located near the electrical outlets that were installed two years ago with such installation paid by the Ambassadors. Thank you for your cooperation. Sincerely, Paul Ackland, Secretary Hutchinson Ambassadors "Paopoo uIA 6uWu iµ Wi"' q_e (672) 587 -5151 - vzlrcy C11 V OF IN u rct-JU RS O rd 37 V ✓,4SHUVvTOIV AVENUE WEST � HUTCHINSON, f✓IIIV(\'. 55350 M E M O DATE: July 21, 1983 TO: Mayor and City Council FROM: George F. Field, Fire Marshal RE: Licenses for Gambling and Bingo FOR YOUR INFOR--ATION The area on the applications, Item (C) Game Information, f 4. Maximum Number of Players. The area to be used for 200 players shall exceed 3,000 square feet. This is based on occupant load requirements for an assembly area in a dining room and drinking establishment, which requires 15 square feet per person. The area to be considered is the open public area; does not include kitchens, bar areas and the like- This requirement provides for ease of movement in isles to exits, with a safe uncrowded distance from table to table. If you have any questions, please contact me. George F. Field Fire Marshal GFF /pv cc: Orlin Henke, Fire Chief 0 POLICE DEPARTMENT MEMORANDUM TO Mayor and City Council FROM Sgt. John Gregor 0 DATE July 18, 1983 SUBJECT Gambling Devices & Bingo License Applications from the Elks Club The Elks Club submitted applications for the above mentioned license without submitting a membership list as required on the application, stating the Grand Lodge Statutes forbid the giving out of membership lists as the reason for non- compliance. I see no reason to deny the application on that grounds, as long as it is understood by the Elks that the membership list be made available for viewing upon request of the Police Department. Two other items were noted on the applications that should be brought to your attention for consideration before a final decision is made. 1. On both applications the Elks requested a waiver of the bonding requirements. 2. On the Bingo application the Elks indicated they wished to run a Bingo game at the McLeod County Fair. Ordinance 655, section 2, subdivision 5, forbids changing the license location without prior Council approval. JG:nb ii C CA- \/%.A, \ �S 7 O w. e w VI F ✓ L �� c a.., �.JC� yo 1 �S S- I� C Ik, Q ..A�� -C %0-. .S C-,r t G1- a f City of Hutchinson FEE: APPLICATION FOR GAMBLING DEVICES LICENSE Approved by: Building _ Fire _ Application shall be submitted at Police least _ days prior to the Gambling occasion �- I, "E7S ►ii AND I, 6�Y 6. w x Name of AuNthorized Officer of Name of Designated Gambling Organization Manager Hereby submit in duplicate this application for a license to conduct the game of bingo in accordanc.e ijith the provisions of the City of Hutchinson Ordinance NO. 655 an4 Minnesota Statutes Chapter 349 for the license year ending 3 Signatures: f �- u horizet3�Officer of Or anization Desi a ed a bling Manager of organization A. The following is to be completed by the duly authorized officer of the organization: 1. True Name: ►�T (last) (first) (� j p(middle1)h 2. Residence Address: 10 � �Ar _ „+SUw ►T�'K�T�1w,Niu� �U%A% u (street) (city) (state) zip)5�3 ry w4l�t�k 3. Date of Birth: L 3 3 -- 4• Place of Birth (mo /day /year) (city /state) 1 5. Have you ever been convict of any crime other than a traffic offense? Yes No • If Yes, explain B. The following is to be completed by the designated gambling manager of organization: // 1. True Name: 00 C7hi'�% CS6ar- (last) (first) (middle) 2. Residence Address: &27 g a,W -art �}4resHU�pd{ lVbA1.,/ as35-Q (street) (city) (state) (zip) 3. Date of Birth: sIS14& 4• Place of Birth: (mo /day /year) (city /state) 5. Have you ever been convicted of any crime other than a traffic offense? Yes No )C—. If yes, explain 6. How long have you been a member of the organization? � —_ 7. Attach a copy of the official resolution or official action designating you gambling manager. C. Game Information: 1. Place where gambling devices will be used �GKS hoOLsE 2. Date or dates gambling devices will be used /40/4, -Ara .5.4r. (date and /or day(s) 3. Hours of the day gambling dev�es will be used: of week) From / .YD To h'0 �� P. P.M. 4. Maximum number of players 1'1� 5. Will prizes be paid in money or merchandise? 17zv1AfV 6. Will refreshments be served dung the time the gambling devices will be used? Yes ✓ No If so, will a charge be made for such refreshments? Yes -7 NO D. Organization Information: 1. Address where regular meetings are held .mac W4-W/AJ&-tZ'j Ay- 2. Day and time of meetings /3r s 3rJ C� 4E17 of 3. Is the applicant organization organized under the laws of the State of Minnesota? Yes ✓ No 4. How long has the organization been inexistence? 4a. How many members in the organization? 3317 5. What is the purpose of the organization? C k+rITV 6. officers of the Organization: Name Address Title )7,ueo,yusnNoK /m" SCk4 J f+aG7Ei DICE AWICLiOS ![•.m�r�vSaJ C' Riex�r/ /fcm� hyKH 7. Give names of officers or any other persons paid for services to the organization: Name Address Title M 0- HAV4rs AAa-6Ex- A,4jM.V1A1s;o14 INK• ,asu i 0 D. E. Organization Information (Continued) 0 8. In whose custody will organization records be kept? Name ! e ,, ,, S� oe e� Address 9. If the organization carries sufficient insuran e to compensate the players in the event any injury is sustained by players while gambling devices are used, or while on the licensed premises, pleas s_Qt to the �� Name of Insurer �x]a.� -�,�« TNy, Co and Policy No. CCQ_11'1 C{.l'1'- 10. Have you (Manager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices? YF 5 11. Attach a list of all active members of the organization. The following information is provided concerning a fidelity bond given by the gambling manager in favor of the organization. 1. Name of bonding company 2. Address of bonding company 3. Amount and duration of bond 4. Application is hereby ade for waiver of the bonding requirements. Yes No I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 655 relating to gambling, and I will familiarize_-m}tself with the oi�tents thpTeof. bigna Date: S cribed and swo n to b fo 19, i Signat Comml!� auinorizea oiixDer of organi!,zatiion jota�y�Rbre ro this �`� day of llotaFY,E b c�OT'�(/ Subscribed and sworn to before me a notary public on this 19 Signature of Notary Public Commission expires on day of City of Hutchinson Fee: APPLICATION FOR BINGO LICENSE Approved by: Building Fire _ Application shall be submitted at least Police days prior to the bingo occasion C I tr;ti` C Name of Aphorized Officer Hereby submit in duplicate this the game of bingo in accordance Hutchinson Ordinance No. 655 an the license year ending AND I, F> / //• S/77 Name of Designated Bingo Manager application for a license to conduct with the provisions of City of d Minnesota Statutes Chapter 349 for Signatures: Au horized Officer of Organization Designated Bingo Manager A. The fol owing is to be completed by the duly authorized officer of the organization: 1. True Name: Mast) _ (first) mid�i}le 2. Residence Address: jpqq JNa �A�- r- it,S - S, kkk SS�- (street ) kcity state zip code) lx,o-itt.S -4o 3. Date of Birth: rz�� LG3•Z4. Place of Birth (mo.j �dhY-%year) city & state 5• Have you ever been convicted of any crime other than a traffic offense? Yes — NO )L. If yes, explain B. The following is to be completed by the designated bingo manager of organization: 1. True Name: _5171 /%x! LIJ last first middle 2. Residence Address:, 300 L�t�b�16iJ Ccr.' cr �jL27Z ����cr: 1771J.. street city state zip code) 3. Date of Birth: 7 - 7— 4. Place of Birth: (Mo., day & year) city & state 5• Have you ever been convicted of any crime other than a traffic offense? Yes _ NO -7XZ'. If yes, explain 6. How long have you been a member of the organization? 7. Attach a copy of the official resolution or official action designating you bingo manager. C. Game Information: LrJ-(je' Q.W' s _ 1. Place where bingo games will be played 1�ILLU.7AS4,, five 2. Date or dates bingo will be played E er VAov(k N� (date "And /o day s of week) 3. Hours of the day bingo will played: From A=M'. to CU k�R . P.M. �c 11 P.M. J F.z ^1c�-C QPtw 4. Maximum number of players J6 J \ SO 5. Will prizes be paid in money or merchandise? V— A- qA�_ _ 6. Will refreshments be served during the time the gameslare being conducted? Yes ti No If so, will a charge be made for such refreshG ents? Y-e-s--V NO D. Organization il�iormation: _ 1. Address where regular meetings are4eld nn '.Z i 2. Day and time of meetings \s V- l Al oc pwl 3. Is th6'applicant organization organized under the laws of the state of Minnesota? Yes _Y,_ No 4. How long has the organization been in existence? Cwt .s 4a. How many members in the organization? 5. What is the purpose of the organization? r 6. Officers of the Organization: C' "t Name Address Title S42J a SC� sty so<< , ���� ����. t�a ���_a aLLi�V rl. 1 Ck-%��r mAry 7. Give names of officers or any other persons paid for services to the organization: Name Address Title Wt t` ,r U o r k ti b lV". • 3 twSO CAA mr- .C--¢oA CG �- ---11 D. Organization Information: (Continued) 8. In whose custody will organization records be kept? Name Address << �`A �A,A.4 • �? 9. If the organization carries sufficient insurance`to compensate the players in the event any injury is sustained by players while participating in the bingo game, or while on the licensed premises, please state the Name of Insurer and Policy No. Cc� LC 11, West c� end —was. o 10. Have you (Manager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation of bingo games? 11. Attach a list of all active members of the organization. E. The following information is provided concerning a fidelity bond given by the bingo manager in favor of the organization: 1. Name of bonding company 2. Address of bonding company 3. Amount and duration f bond /,. Application is hereb made for waiver of the bonding requirements. Yes No I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance NO. 655 relating to bingo, and I will familiarize myself—trith the contentnthereof,6 e ai,-avinoriz Date: Subscri e and sworn t b me Day of 19�. Commis §i` °e ce!• of organization ubliV'on this /5 Subscribed and sworn to before me a notary public on this Day of , 19 . Signature of Notary Public Commission expires on /q 43 (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: — — t7LY_20, 1983 — — — — — — TO: 11:YOR AND CITY COUNCIL ------- - - - -J— --=------------ - - - -- FROM: RALPH NEUYANN I:C — --- - - - --- i' - - - - - - - - - - - - - - - - - SUBJECT: —HANDICAP SIGNS — --------- — — — — — — — — — — — — — — — — — - - — — — 101 Park Place has recuested a Handicap sign be installed on the North - `;lest side of their building. We could move the Handicap sign that is now next to the Popcorn Stand to their location or we could add an additional sign. 7 -21 -83 DATE POLICE DEPARTMENT MEMORANDUM FOR YOUR INFORMATION TO Mayor and City Council FROM Sergeant John C. Gregor c� -- i SUBJECT Parking in front of LeBistro's Cafe on lst Avenue S.E. As per your request of 7 -12 -83 I have studied the parking situation on lst Avenue S.E. in front of LeBistro's. Currently angle parking is allowed on both sides of lst Avenue S.E. between Main Street and Hassan Street. Since the renovation of the old S & L Building a portion of 1st Avenue was utilized to extend the sidewalk on the south side of lst Avenue from the alley to Main Street. Part of this extension (from Main Street 70 feet east) is three feet, leaving 62 feet from curb to curb. This portion of the street is wide enough to allow angle parking on both sides and still have 15 foot driving lanes. From that point (for the next 76 feet to the alley) the side- walk was extended another seven feet, leaving 55 feet from curb to curb. If angle parking is allowed it leaves only eight feet for the eastbound traffic lane. The remainder of lst Avenue from the alley to Hassan is 65 feet from curb to curb. This portion of lst Avenue is wide enough to allow angle parking and still have 16 foot wide driving lanes. (See attached diagram) After looking at the area in question and observing traffic flow I would recommend that from the alley, 76 feet west towards Main Street, be marked "No Parking ". By marking this area "No Parking" seven parking spaces would be lost. JG;nb • �77 55� -- ,CCemmcrJ�c KI Pp, pK .,j�, r TO: Mayor & City Council 112) 587 -5151 iY OF HUTCHINSON ISNJNGTON AVENUE WEST WSON, MINN. 55350 FROM: Bruce Ericson, Parks & Recreation Director DATE: July 26, 1983 SUBJECT: Antique Shop Property I would like to make preliminary application through LAWCON for the acquisition of the Antique Shop property. Total cost of this property would be $26,000. This project has the support of the Chamber of Commerce, and would serve as an expansion to Girl Scout Park. The current bath house building could be renovated into a tourist information center. klm a- 0 RESOLUTION NO. 7463 0 RESOLUTION OF APPLICANT REVISING THE FIVE -YEAR ACITON PLAN WHEREAS, the Land and Water Conservation Fund Act ( LAWCON) and the State Legislation Commission on Minnesota Resources (LCMR) provides for grants to assist local public bodies in the acquisition and development of outdorr recreation; and WHEREAS,the Rules and Regulations for LAWCON and LCMR provides criteria that applications must meet; and WHEREAS, in order for the proposed project to be eligible for ap- proval, there must be proof that it is part of a comprehensive outdoor recreation plan and five -year action program (capitol improvement); and WHEREAS, the City of Hutchinson has a revised five -year action pro- gram, which includes the Expansion of Girl Scout Park. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON MINNESOTA: THAT the Mayor and Administrative Assistant are hereby authorized and directed to execute and to file the five -year action program with the State of Minnesota, Office of Local and Urban Affairs of the State Planning Agency. Adopted by the City Council this 26th day of July, 1983. James G. DeMeyer Mayor ATTEST: Gary D. Plotz City Clerk 218 North Main , July 22, 1983 Hutchinson City Council City Hall 37 Washington Ave. W. Hutchinson, MN 55350 Dear Council, 0 •f �' :Lt O'¢ h � OF /tiinneSo-La 55350 • (612) 587 -5252 The Hutchinson Area Chamber of Commerce Board of Directors at their June meeting voted to encourage the City of Hutchinson to favorably consider adding the property next to the old bath house into the municipal park system. Several years ago the City Council approved the concept of acquiring river front property for park land as it became available. This particular piece of property is on two major highways at the entrance of 'our central business district and lends itself to the beautification projects already accomplished by the Park and Recreation Board of our city. It should also be under consideration because a city building, the stone bath house, sits partway on this property. The bath house is a unique stone structure that matches the stone foundation of the Little Crow Statue and the dam. Remodeled, this structure could easily serve as a tourist information center and lookout over the mill pond, opening this park to greater use. It was the feeling of the Board that the property should be acquired as park land for the above mentioned reasons, and that it be negotiated at a fair and reasonable price for the tax payers or become included in a park grant in the immediate future. Sen CArea Chamber of Commerce TO: Mayor & City Council 12) 587 -5151 "V OF HUTCHINSON SHING TON AVENUE WEST NSON, MINN. 55350 FROM: Bruce Ericson, Parks & Recreation Director DATE: July 26, 1983 SUBJECT: Bass Pond Development Grant The following costs are my preliminary estimates regarding the development of the Bass Pond area into a swimming beach. These esti- mates are based . primarily on the project located at Cloquet, Minnesota, which would be very similar. Upon completion of;this project, there would be approximately one and one half acres under water, and the water would be filtered and chlorinated the same as the water in a normal swimming pool. The water would not run through continuously, but would be filled at the beginning of the season, and water added only due to evaporation during the season. Cost estimates are as follows: Building (includes all plumbing, masonry electrical, etc.) $70,000 Landscaping (includes all grading for drainage as well as excavation of pool area) $91,000 Fill (includes all back fill material and washed sand for pool area, etc) $57,000 Swimming Area (includes liner, concrete, rebar, etc.) $68,000 Pool Equipment (includes filtration system, docks, skimmers, etc.) $67,000 TOTAL $353,000 I feel that this project could receive a very high priority from (LAWCON) because: 1. This would be Phase y of grants which were already approved. 2. It's location- near the Crow River. 3. The activity proposed for this grant rates extremely high with SCORP, State Comprehensive Outdoor Recreation Plan. klm I -G i RESOLUTION NO. 7464 C� RESOLUTION OF APPLICANT REVISING THE FIVE -YEAR ACTION PLAN WHEREAS, the Land and Water Conservation Fund Act ( LAWCON) and the State Legislation Commission on Minnesota Resources (LCMR) provides for grants to assist local public bodies in the acquisition and development of outdoor recreation; and WHEREAS, the Rules and Regulations for LAWCON and LCMR provides criteria that applicaions must meet; and WHEREAS, in order for the proposed project to be eligible for ap- proval, there must be proof that it is part of a comprehensive outdoor recreation plan and five -year action program (capitol improvement); and WHEREAS, the City of Hutchinson has a revised five -year acition pro- gram, which includes the Development of the Bass Pond and Phase IV of West River Park. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the Mayor and Administrative Assistant are hereby authorized and directed to execute and to file the five -year action program with the State of Minnesota, Office of Local and Urban Affairs of the State Planning Agency. Adopted by the City Council this 26th day of July, 1983. James G. DeMeyer Mayor ATTEST: Gary D. Plotz City Clerk V— 6�. tx , Optate Of ,�innegota, ......._c ty...... f Hutchinson o ...................................................... - ............. .. Countyof. ...... Meeke. r ................... ............................_.. .4pplication No. .............................. ............ ..... Application for License to Sell Cigarettes at Retail The undersiffned resident...... of the. ............. -.- ..... City ... .... ..... . .... ..... of.. Hutchinson ............................. ....o........... .................... ..., in the county of..... ........._.Me. ekes ....................................... ., State of Minnesota, HEREBY' df✓IKE _..- .4PPLIC.4- T70.1' FOR LICENSE to be issued to ............ Erickson... Foods..._ Znc. .................................................. ....... _ ................ ............. to sell ci6arettes and cigarette papers and wrappers at retail at ....... Erickson.. Hiq...."D." .....a.....Va,lu...Arug........ _F i r s t... an d.._H a s s an ..........................._.............................................._........-.................................................................................. ............................... in the... .... ........ Ci.tg.................. Hutchinson ...-.,............ of .................................._ .................................... in Said county and state for the term of ..... ..._..- /!G.AY.`.....J`..i /nc�u+ beginninf with the.......:..._lst..__ ...... day of..._ August. ................... ........................._, 19.63 .., subject to the laws of the State of Minnesota and the ordinances and regulations of said ... ........... ....... itY.......................... of .... .... Hutchinson....._.. .._.........__..........._..... pertaining thereto, and herewith deposit J/ .......... .................... .... in payment of the fee therefor. Dated...._........I J' 7.� ........................... Zell ............................. : ........ ........ ... RETAIL "OFF SALE" S75.00 15tate of fflinnentao County of ...._..._.Mr_L_cQ.d_...-- - -- - -- ...- - -- ------- ....._. gb. tY_.. ........._ .............__.OF--- Hutchinson_ ............... .._ I _ To the.....City Clerk City of Hutchinson,,,,,,,, „, of the ........... . . .................. ................................... ......................... . . . . .. ..........................State of Minnesota: i Erickson Foods, Inc. hereby appl ... ies.._for a license for the term of --------- _ 4_ m4at. hp.. ...... - .......... -...-__ ..... ...... . .....__.......- _._.......... -._ f 1st --- - -�U of._ ._August---- -----..._..- ... --_. 19 83_... to sell rom the.._. ...._..._._........ -- -., , In Original Packages Only, Non - Intoxicating Malt Liquors, as the same are defined by law, for consumption "OFF' those certain, premises in the ...._ ......................... ....... .... __.._. _ CitY._......._- •- --- ---- ---• -- of Hutchinson described as follows, Erickson Foods, Inc. Erickson's Big "D” Supermarket 509 Second Street and Valu Drug Hudson, WI 54016 - First S Hassan Corporate Of ice Hutchinson, MN 55350 Storg Site " " at which. place said applicant ......... operate._s ... the business of ...... Erickson..s...�ig.._ D___s Valu._Drug_ ...... -- and to that end represent.-P.--and state.a._as follows: That said applicant- .- ........ _ _.- ..- .... ..__ - - -of the United States; of good moral character and repute; and ha.:__....attained the age of 21 years; that -- -. .................... _ ------ .--- _--- ._.. proprietor ....... of the establishment for which the license urill be issued if this application is jranted. That said applicant..._- ..make.. - ._.this application pursuant and subject to all the laws of the State of Minnesota and the ordinanem and rejulations of said ... ..... C- UY ........... .... ............... __applicable thereto, which are hereby made a part hereof, and hereby ajree .... S..to observe and obey the same: (R. Rat. oth.r >0q k. .U. If .a1. of 1..1 x Utj.nQ Back applicant further states that he is not now the holder of, nor has he made application for, nor does he. intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of into.rieatinj liquor. .nom, JUL F$3 P A.I D C"YGfHurCtil1YS0tt Dated.._ G / 19-1-3 Erickson Foods, Inc. " A pp— P. D. dddrv4s —�ss5 9Y-L- dGct•.C( -571- ._-.— q_� It'l t 0 RE_PAIIJ"0NSAi.E" 0 COUXTY OF_ To the..(74 ---- 610'6. d ... .. .. .......... . of the.... .. rl.; v ............... Of .... ......... ............ .................. ............... ..... .. I ..... .. .. .. I.. � ----- I .... .. State of Minne?ota: hereby appl .far a UZ n.86 for Ike ft r7a Of. fro­Mfh4._..__._31__.5}—_ ,� - - /- -- _' 19 tv to Retail Only, Iron- Intoxicating Malt Liquors, as the aame are dejined, by law, far "0,)"' 4"r c,eT- _Of dcscra'A as fo?zl,-,Vg, to­U'Lf.-_. - __ - at which plac said app?icant.. D, IuF_ aesj of and to that end represent Sand sfcjejf. rs IoZjo•s: That acid appZicant. of the Un ":rd Sfafez; of food r. ral r_7,. r�Z6r and repute; and attained tht are of ?1 years; fhat - .. ....... __­.__­­­ ... I- pMpric!Gr____'Df the establishment for which the license wall be issued if this application is granted. That aomcn,ujactur,,r Of such nor_." ,&a-ia tint malt liquors has any ou,,acrahip, in whale 07 L, part, In said bu,sinczs of said applicant --or any interest therein; That said a,n;,T canon pursuant and subject to all the la-Irs of the St4td Of Afinn.nsota, and the ore'--inaacz-a and regulations of said...- - applicable thereto, which are hereby m,--de a part hereof, and hereby agree-,.-Jo observe and agcy the s--T"; (r-, ', Lf . . of I--, --cr�') Each appZZcant farther xf-_4" that he is not nax the haldcr Of, nag has 1u made oTT!'caHon for, nor does he intend to make application for a Federal FrtaiZ D-alzr's Special IcLx stamp for the sale Of tn.lariaa.+a.ng liquor. Dated 7-2z . IPA�L P. 0, Jddrft P/ (612) 587.5151 OF N. UTCHINSO/N CWHUTCHINSON, 37 WASHING TON AVENUE WEST MINN. 55350 M E M O R A N D U M DATE: July 20, 1983 TO: Hutchinson City Council FROM: Planning Commission SUBJECT: Variance Request _ Eugene Havelka Pursuant to Section 6.07, B.3, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. HISTORY On June 3, 1983, a request was submitted by Mr. Eugene Havelka for a variance to allow a 3` sideyard setback reduction for the construction of a garage on the property located at 550 South Franklin St. The garage will replace an existing garage that now sits 1.5' from the property line. A public hearing was held at the regular meeting of the Planning Commission on July 199 1983, FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 71 1983. 3• It was the consensus of the Planning Commission that the applicant did not show any hardship that would result from meeting the 6' sideyard setback requirement. If there was a hardship, the applicant should bring that information to the City Council meeting. RECOMMENDATION It is the recommendation of the Planning Commission that the variance request be denied, as no hardship has been shown. Respectfully su witted, �rry Roo, Chairman tchinson Planning Commission 12) 587 -5151 FY or= HUYCAIMS01v 1SHING TON A VENUE WEST 1NSON, MINN. 55350 M E M O R A N D U M DATE: July 20, 1983 TO: Hutchinson City Council FROM: Planning Commission SUBJECT: Conditional Use Permit — Merlin Eggersgluess Pursuant to Section 6.07, C.S, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On June 16, 1983, a request was submitted by Mr. Merlin Eggersgluess for a conditional use permit to allow the moving in of a 14+ by 20 garage to the right of existing garage on the property located at 945 Luedtke Lane. A public hearing was held at the regular meeting of the Planning Commission on July 19, 1983, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 7, 1983. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the conditional use permit be approved. Respectfully s yw�ji�'t , �ted arry Rom6, Chairman Tutchinson Planning Commission r� RESOLUTION NO. 7458 • RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07, C.5 OF ZONING ORDINANCE NO. 464 TO ALLOW MOVING IN A GARAGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Mr. Merlin Eggersgluess of Hutchinson, Minnesota has made application to the City Council for a Conditional Use Permit under Section 6.07, C.5 of Zoning Ordinance No. 464 to allow the moving in of a 14' by 24' garage to the right of an existing garage on the property located at 945 Luedtke Lane, with the legal description: Lot 8 and Lo-- 7, excepting therefrom the following described tract, to -wit: that part of Lot 7 lying Easterly of a line, said line described as beginning at a point on the North line of said Lot 7, distant 10 feet Westerly of the Northeast corner of said Lot 7; thence Southwesterly to a point on the South line of said Lot 7, distant 35 feet Westerly of the Southeast corner of said Lot 7, and said line there terminating, all in "Johnson's Court" 2. The City Council has considered the recommendation of the Planning Com- mission . and the effect of the proposed use on health, safety, and welfare of the occupants of the surrounding lands,: existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use of the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. rnNCTdTSTON The application for Conditional Use Permit for the purpose designated is granted based upon the findings set forth above. Adopted by the City Council this 26th day of July, 1983. ATTEST: Kenneth B. Merri Asst. City Clerk James G. DeMeyer Mayor (612) 587- 5151 -- - - 11UiCH 17 N OF ; a U i -C: i 4 I 1111; Q rtt! j 37 WASHINGTONAVENUE (WEST f HUTCHINSO`\' N INN 55350 M E M O R A N D U M DATE: July 20, 1983 TO: Hutchinson City Council FROM: Planning Co =ission SUBJECT: Conditional Use Permit - Pure Culture Products Pursuant to Secticn 6.07, C.5, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On June 30, 1983, a request was submitted by Pure Culture Products for a conditional use permit to allow the installation of a product storage tank on the property located at 35 Adams St. North. A public hearing was held at the regular meeting of the Planning Commission on July 19, 1983, at which time there was no one present who objected to the request. Fire Marshal George Field was present to explain that he was still waiting for notification from the PCA stating the emissions from Pure Culture Products were acceptable and of no harm to the public. It was his opinion that the request be contingent upon a statement from the PCA stating such. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 7, 1983. 3. The proposal is in conformance with the requirements of a conditional use permit. RECO?�:ENDATION It is the recommendation of the Planning Commission that the conditional use permit be approved contingent upon DNR approval and a statement from the PCA indicating emissions are acceptable. Respectfully ubmitted, i lZ2. 17)1)t Larry Aomo, Chairman Hutchinson Planning Commission L RESOLUTION NO. 7459 11 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07, C.5 OF ZONING ORDINANCE NO. 464 TO ALLOW INSTALLATION OF A PRODUCT STORAGE TANK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FTNDTNGS 1. Pure Culture Products of Hutchinson, Minnesota has made application to the City Council for a Conditional Use Permit under Section 6.07, C.5 of Zoning Ordinance No. 464 to allow the installation of a product storage tank on the property located at 35 Adams Street North, with the legal description: Lot 3, Block 46, North Half City of Hutchinson 2. The City Council has considered the recommendation of the Planning Commis- sion and the effect of the proposed use on health, safety, and welfare of the occu- pants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use of the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted based upon the findings set forth above, contingent upon approval from the Department of Natural Resources and a statement from the Pollution Control Agency indicating emissions are acceptable. Adopted by the City Council this 26th day of July, 1983. ATTEST: Kenneth B. Merrill James G. DeMeyer Asst. City Clerk Mayor 9 —"7nj (612) 587 -5151 37 WASHING ION AVENUE WEST HU7CHIN30% MILAN. 55350 M E M O R A N D U M DATE: July 20, 1983 TO: Hutchinson City Council FROM: Planning Commission SUBJECT: Variance Request - George's Food and Fuel Pursuant to Section 6.07, B.3, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. HISTORY On June 20, 1983, a request was submitted by George M. Thelen for a variance to allow the elimination of the landscape area in front of the business and to convert it to blacktop parking spaces on the property located at 600 Adams Street. A public hearing was held at the regular meeting of the Planning Commission on July 19, 1983. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 7, 1983. 3. It was the consensus of the staff that applicant should follow plans as originally presented. RECOM!iIENDATION It is the recommendation of the Planning Commission that the variance be denied. Respectfully-spbmitted, rry mo, Chairman tchinson Planning Commission 9 -,,;�V, w (612) 587.5151 ( Cl1'Y OF HUTCHINSON 37 WASHING TON AVENUE WEST HUTCHINSOk MINN. 55350 M E M O R A N D U M DATE: July 20, 1983 TO: Hutchinson City Council FROM: Planning Commission SUBJECT: Preliminary and Final Plat for Mac's Bluff Addition Pursuant to Section 3.20 of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for preliminary and final plat. HISTORY On July 1, 1983, an application was submitted by Anthony Macbtemes for a preliminary and final plat to be ;mown as Mac's Bluff Addition. A public hearing was held at the regular meeting of the Planning Commission on July 19, 1983, at which time there was no one present who objected to the request. Some residents of the area were present with questions answered by City Engineer Priebe. FINDINGS OF FACT 1. The required application and plat maps were submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 7, 1983. 3. City Engineer Priebe explained the request and stated that he felt it met all the necessary requirements. RECOMMENDATION It is the recommendation of the Planning Commission that the preliminary and final plat be approved as presented. This approval is subject to the approval of annexation due to be heard August 4, 1983 at 10:00 A. M. Respectfully submitted, Larry Rome, Chairman Hutchinson Planning Commission -/ (612) 587 -5151 ci Y OF HU T CHlivsON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O DATE: July 6, 1983 TO: Planning Commission and city council FROM: Director of Engineering RE: Engineer's Report Mac's Bluff Addition I have reviewed the Preliminary and Final Plat for the above - referenced subdivision and find it meets all requirements of the City Ordinance. The proposal conforms to the preliminary layout for the total 40 acres as previously presented. The proposed sanitary sewer, watermain, storm sewer and street grades have been reviewed and found satisfactory. I recommend approval subject to annexation of the land into the City and the appropriate Subdivision Agreement being executed. MVP /pV 77 W21 Marlow V. Priebe Director of Engineering r- • • RESOLUTION NO. 7460 RESOLUTION GIVING APPROVAL OF PRELIMINARY AND FINAL PLAT FOR MAC'S BLUFF ADDITION WHEREAS, Mr. Anthony Machtemes of Franklin, Minnesota, owner and subdivider of the land proposed to be platted as Mac's Bluff Addition, has submitted his appli- cation for approval of preliminary and final plat of said subdivision in the man- ner required for platting of land under the Hutchinson Ordinance Code, and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City Plan and the regulations and requirements of the Laws of the State of Minnesota and the ordi- nance of the City of Hutchinson and WHEREAS, said plat is situated upon the following described lands in McLeod County, Minnesota, to -wit; That part of Lot 7 of the Auditor'siPlat of the South Half of Section 30 and the North Half of Section 31, tbwnship 117 North, Range 29 West, described as follows: Beginning at the southwest corner of said Lot 7; thence North, assumed bearing, along the west line of said Lot 7, a dis- tance of 234.89 feet; thence East 165.00 feet; thence South 15.65 feet; thence East 65.29 feet; thence North 51 degrees 14 minutes 12 seconds East 65.59 feet; thence South 38 degrees 45 minutes 48 seconds East 101.56 feet; thence North 51 degrees 14 minutes 12 seconds East 6.81 feet; thence South 38 degrees 45 minutes 48 seconds East 211.07 feet to the south line of said Lot 7, thence South 87 degrees 31 minutes 51 seconds West, along said south line, 482.93 feet to the point of beginning, County of McLeod, State of Minnesota. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That said plat of Mac's Bluff Addition is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and reg- ulations of the City of Hutchinson and the laws of the State of Minnesota. 2. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the County Recorder for their use as required by M.S.A. 462.358(3). BE IT FURTHER RESOLVED THAT such execution of the certification upon said plat by Mayor and City Clerk, as required, shall be conclusive showing of proper com- pliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without fur- ther formality, subject to approval of annexation. Adopted by the City Council this 26th day of July, 1983. Kenneth B. Merrill Asst. City Clerk James G. DeMeyer Mayor q_o- (612) 587 -5157 'fTarcH,' i Y 0 f r U f Co :':` AI SON 37lh�ASN)NO TON AVENUE WEST NUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: July 20, 1983 TO: Hutchinson Citv Council FROM: Planning Commission SUBJECT: Variance Request - Charles & Jacqueline Miller Pursuant to Section 6.07, B.3, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. HISTORY On July 1, 1983, a request was submitted by Charles & Jacqueline Miller for a variance to allow the reduction of the sideyard setback from 61 to 41 for the purpose of installing a below grade swimming pool on the property located at 486 Shady Ridge Road. A public hearing was held at the regular meeting of the Planning Commission on July 19, 1983, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, July 7, 1983. 3. It was the consensus of the Planning Commission that following the 6' setback requirement would cause a considerable hardship due to utility lines having to be moved. It was also pointed out that this is a below - grade structure. RECOMMENDATION It is the recommendation of the Planning Commission that the variance be approved as requested. Respectfully su ittted, JarrRomo Chairman Hson Planning Commission 9- p-'' 0 RESOLUTION NO. 7461 0 RESOLUTION GRANTING VARIANCE FROM SECTION 6.07, B.3 OF THE ZONING ORDINANCE NO. 464 TO ALLOW SIDEYARD SETBACK FOR INSTALLING A BELOW GRADE SWIMMING POOL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FTN➢TNGS 1. Mr. & Mrs. Charles Miller of Hutchinson, Minnesota have applied for a variance from Section 6.07, B.3 of the Zoning Ordinance No. 464 for a variance to allow the reduction of the sideyard setback from six feet to four feet for the purpose of installing a below grade swimming pool on the property located at 486 Shady Ridge Road, with the following legal description: Lot 7,.Block 1, Clark's First Addition, City of Hutchinson 2. The Planning Commission has reviewed the application for a variance and has recommended to the City Council that the application be granted. 3. The Council has considered the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated traffic con- ditions, light and air, danger of fire, risk to the public safety, and the values of property in the surrounding area and the effect of the proposed variance upon the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the pro- posed variance will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair health, safety, comfort, morals, or in any other aspect be contrary to the intent of the ordinance and the Comprehensive Plan. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply gen- erally to other land or structures in the district in which such land is located. 6. The granting of the application is necessary for the preservation and en- joyment of a substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hard- ship or difficulty. CONCLUSION The application for variance for the purpose designated is granted based upon the findings set forth above. 9 -$.z RESOLUTION NO. 7461 PAGE 2 Adopted by the City Council this 26th day of July, 1983. James G.eMeyer May r ATTEST: Kenneth B. Merrill Asst. City Clerk 40 0 To: FROM: SUBJECT (672)d%9-G477 37 1�'ASi�INGTON Av�NUE VVES7 urcvtNSON, MINN. 55350 M E M O R A N D U M DATE: July 20, 1983 Hutchinson City Council Planning Commission _ _ _ _ _ _ _ Complaint about Dog Kennel at 574 Madsen =Avenue A complaint about a dog kennel located at 574 Madsen Avenue was brought to the attention of the Planning Commission at their regular meeting on July 19, 1983. After discussion, it was the recor,mendation of the Planning Commission that the City Council and Hutchinson Police Department review the complaint to determine if there has been a violation of the zoning ordinance, or if the matter should be dealt with as a public nuisance. Specifically, those stating the complaint claim that there are as many as 11 dogs in the kennel at one time (two adult dogs and their litter). There is a lot of noise, vulgar language and offensive odors. cc: Hutchinson Police Department POLICE DEPARTMENT MEMORANDUM • DATE July 22, 1983 TO Sgt. Gregor and Hutchinson City - Council FROM CSO Bakken SUBJECT Complaint about Dog Kennel at 574 Madson Avenue In reviewing the complaint about the dog kennel located at 574 Madson Avenue, the owner is in violation of the City Zoning Ordinance 8.03 R -2 Multiple Family Residence District, under Particular Home Occupations Prohibited X14 which reads, permitted home occupations shall not in any event be deemed to include; 114 stables, kennels, animal grooming or veterinary hospitals. In checking zoning rules and definitions, appendix I, page 4, #15 Dog Kennels is defined as; Dog Kennel, any premises where three or more dogs, over four months of age, are owned, boarded, bred, and /or offered for sale. On 7 -22 -83 the owner of the dogs was served with a copy of the ordinance; and given a week to remedy the problem or he will be issued a citation. 9� S.02 P._1 S!`Q4 FAA IIY R6..`'.IKVE DISTRIC1 Pliii "OSE The R -I i,.Sm.'n U:s'flin ix intLn0d to provide rvoidential areas for the derelupmrnt of siog!v fami1) h_Tus on larger parceIs of Iand. The purpnse of this district in part is to permit a concentration of single family dwellings in areas where appropriate reservations for open space have been established th o:gh the existing land use pat- terns. PERMITTED PRINCIPAL USES The following uses are permitted, as regulated herein, without spec- ial application requirements or conJitions attached: Single Family detached dwellings Public or quasi- public park and playgrounds; community /neigh- borhood centers Public Mdin.ments Houses of Worship and Associates Staff Facilities Foster Family Home or Family Day Care Home of 5 or less._children Group Havre or Foster Homes serving 6 or less mentally retarded or physically handicapped persons. CONDITIONAL PERMITTED USES The following uses are permitted only subject to the issuance of a Conditional Use Permit as stipulated in Section 6.07. Public or quasi - public facilities or philanthropic or charit- able institutions. Cluster housing, detached or attached, townhouse developments with a maximum of five unit groups. More than five (5) unit groups will be subject to Section 8.10 Planned Development District. Golf courses and clubhouse facilities, but not to include "miniature golf" operations. Any structure including accessory structures, for which a moving permit is requested except any building not exceeding eight (8) feet in width or twelve (12) feet in length and not being over ten (10) feet in height, which are exempt from moving permits but, require a building permit. ACCESSORY USES The following uses are permitted only when auxiliary to a principal use permitted above; they may not exist as principal uses in their own stead: Garage structures sufficient to house one vehicle per dwelling unit for multiple dwellings Homeowner .Association or rental unit recreational and service facilities and structures One to three car garages for vehicle and equipment storage only; car port . a` • 47 • 0 Swirming pools or g:;Te courts d �i -hed for exclusive use of occupants of the principal use only if designed with approp- riate safety features to reason.ibl.`. void accidents ` Gazebo or summer ]Lawn- house; yard recreational equipment Parking, as regulated in Section 10 Signs, as regulated in Section 10 Utility building (i.e.) recreational and maintenance equip;-dent structure not exceeding 120 square feet DIMENSIONAL REGULATIONS Building height, lot area, bulk and yard setback requirements shall be those set forth in Section 9, TABULATION OF DI "`NSIONAL A-ND SPEC- IAL REQUIRE'! =SIS FOR ZONING D1SrRICTS SPECIAL DISTRICT PROVISIONS Prohibiting storage and dispensing of flammable and combustible liq- uids above and below ground from fixed equipment into fuel tanks and motor vehicles. 8.03 R -2 MULTIPLE FA14ILY RESIDENCE DISTRICT PURPOSE The R -2 RESIDENCE DISTRICT is intended to provide areas offering a broad development range in housing units, yet retain the environment and character of less intensive residence areas through carefully established bulk and lot area requirements. Well designed townhouse projects and low density garden type apartments would be examples of appropriate uses in the R -2 distict. The following uses are permitted, as regulated herein, without spec- ial application requirements or conditions attached: Single Family detached dwellings Two family attached dwellings, duplexes, double bungalows Public or non - profit quasi - public libraries, museums and art exhibition centers All uses as Principle Permitted Uses in the R -1 District CONDITIONAL PERMITTED USES The following uses are permitted only subject to the issuance of a Conditional Use Permit as stipulated in Section 6.07. Licensed day care centers; licensed nursing hones Private clubs, Lodges and Fraternal organizations Public or quasi - public accredited educational institutions Mortuaries or funeral homes; cemeteries or memorial gardens Transportable or experimental single family detached housing All uses as conditional uses in R -1 district_ Any structure, including accessory structures, for which a moving permit is requested except any building not exceeding eight (8) feet in width or twelve (12) feet in length and not being over ten (10) feet in height which are exempt from moving permits but, require a building permit. -48- 9 ACCL-SSORI' USES The following uses are permitted only then auxiliary to a principal use permitted above; they ray not exist as principal ices in their c),n stead: Accessory uses as listed in the R -1 Residence District Enclosed equipment and iehicle storage areas for non - residential uses (subject to acceptable materials and design) tiny accessory use, building or strociure cu to arlly incidental to a use permitted above, and located on the a;ne lot therewith. Parking and loading facilities as regulated in Section 10.02. Signs as regulated in Section 10.05. DIMENSIONAL REGULATION'S Building height, lot area, bulk and yard setback requirements shall be those set forth in Section 9, TABULATION OF DIMENSIONAL AND SPEC- IAL REQUIRE ?ENTS FOR ZONING DISTRICTS. SPECIAL DISTRICT PROVISIONS Home occupations, as defined in Section 4, such as personal and pro- fessional services, handicrafts, dressmaking or tailoring, artistic or food crafts, provided that no more than 25 of the livable floor area of said residence shall be used for such purposes. All home occupations shall be subject to the following conditions: 1. No unreasonable use of materials or mechanical equipment not recognized as being part of and compatible with normal house- hold use shall he permitted. 2. The use shall not generate pedestrian or vehicular traffic be- yond that reasonable or normal to the district in which located. 3. It shall not involve the unreasonable or inappropriate use of coramercial vehicles for delivery of occupational materials to or from the premises. 4ONo accessory building or space outside of the principal building shall be exclusively used for such purposes. S. No special space within the principal building shall be design- ed or arranged for such use so that it would require any major internal or external alterations or involve construction features not customary to dwellings (either by color, materials, or con- struction, lighting, sound or noise, vibration, or electrical interference, etc.) SM e 6. •There shall he no use of utilities or community facilities bc)ond that reasonable to the use of the property for residential purposes. 7. No employees, other than occupants of the principal use, shall be permitted. PARTICULAR HOME OCCUPATIONS PROHIBITED Permitted home occupations shall not in any event be deemed to include: 1. Barber shops or beauty parlors 2. Funeral homes 3. Restaurants 0 Stables, kernels, animal grooming or veterinary hospitals. S. Nursery schools, day care centers or boarding homes for children Prohibiting storage and dispensing of flammable and combustible liquids above and below ground from fixed equipment into fuel tanks and motor vehicles. 5.09 R -3 !MULTIPLE F.k %IILI' RESIDENCE DISTRICT PURPOSE The R -3 RESIDENCE DISTRICT defines areas for the development of mediwn to high density multiple dwelling structures. It is intended that areas zoned with the R -3 classification permit the most intensive resi- dential development ::here the demand for housing availability is the greatest, subject to the district provisions stated herein. The char- acter of the R -3 District should remain essentially residential, how- ever, provision is made for permitting related recreational and pro- fessional service facilities, subject to conditional permit controls. PERMITTED USES The following uses are permitted as regulated herein, without special application requirements or conditions attached: Apartments, multiple family dwellings Uses listed as permitted uses in the R -2 District CONDITIONAL PERMITTED USES i The following uses are permitted only subject to the issuance of a Conditional Use Permit as stipulated in Section 6.07. t Neighborhood medical /dental clinics and offices, subject to maximum gross floor area of 5,000 square feet. -s0- !,y_., r- 4 L�e erection, consthictio.- dl?crat_on OT :ainten_nce by public lltili t'es, or i.ti LiCi :•al, or other eowerrS:ental a:enc`_es, of underE_ound or overhead yes, electrical, stEam or watET r_rs,-assion or distribution syst.eir.s;collection, ccTsiunication, supply or d= sposal systems, including poles, wires, rains, drains, sewers, pipes, co *,lulls, cables, fire al =rm hxes, police call fixes, traffi Sa dT,dls, hydrants CT other similar e '.+i pr.. ent and 'accessories in con -unc- tion 'herewith, but not including b.rldines reasonably necessary for the f-.rr:'_s: ^. -':g of adegtiate service by such aEencies. C , Dy g Ke nel: Any prerises w] ere three (3) or --ore ^dcas, over four (4) ,- ontl.s of _He �_re cwned, tc: f.ed, bred, _ndjor offered for sale, 15. pwelling: A building or portion thereof, occupied or intended to be occupied exclusively for residence purposes, but not including rooms in :otels, hotels, nursing homes, rooming horses or tourist hones; or a trailer, tent, cabin or trailer coach. 17. Family: One or more persons each related to the other by blood, marriaSe or adoption, or a group of not more than four (4) persons not all so related ,-- a'intaining a cornon house hold and using common cooking and kitchen facilities. 18. Floor Area: (For the purposes of determining the floor-area-ratio conversions of existing s_ructures and ':axis' m. size of b':sir,ess e5;,ablisf:ir,enis.) The s of the zr,ss hor'^.ontal area of the various floors of a building easured in soaare £eel and fmm the exterior walls in each case; cellars and space devoted to off - street oaring shall not be included. 19• Floor Area: (For the purpose of determining off - street parking and off- street loading reouirenents.) The sum of the gross horizontal floor area of the various floors of a building measured in square feet and Iron„ '-:side walls; area devoted p r_- :arily to storage, o£f- street parking and /or lcad'<r.g shall '..e excluded. 20, Floor Area Patio: The nas,erical value obtained through dividing the dross floor area of a building or buildings by the net lot area on which such building or buildings are located. 21. -&raze - Private: A detached accessory building or portion of the princi- pal "ouild''ng, including a car port, which 's used for storing passenger vehicles or trailer of the occupant and /or one truck. Space to store up to two (2) vehicles may be rented to a non- occupant of the principal building. 22, Ground Floor Area: The lot area covered by a building measured from the exterior faces of exterior walls but excluding open terraces, porches and garages. 23. home hobby Shop: An accessory use for a dwelling in which residents engage in recreational activities and from which no revenue shall be derived except where such hobby conforms to and is classified as a hone occupat'i'on. )L r' • MINUTES HUTCHINSON PLANNING COMMISSION TUESDAY, JULY 19, 1983 CALL TO ORDER FOR YOUR INFORMATION The regular meeting of the Hutchinson Planning Commission was called to order by Chairman Larry Romo at 7:30 P.M., with the following members present: Ted Beatty, Elsa Young, Don Erickson, Shu -Mei Hwang, Tom Lyke (8:10 P.M.), and Chairman Romo. Members Absent: Roland Ebent. Also present: City Engineer Marlow V. Priebe, Fire Marshal George Field and City Attorney James Schaefer (8:25 P.M.). 2. MINUTES The minutes of the regular meeting dated Tuesday, June 21, 1983, were approved as presented on a motion by Mr. Erickson. Seconded by Mr. Beatty, the notion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF A REQUEST FOR A VARIANCE AS SUBMITTED BY EUGENE HAVELKA Chairman Romo opened the hearing at 7:31 P.M. with the reading of publication No. 3093 as published in the Hutchinson Leader on Thursday, July 7, 1983. The request is for a variance to allow the construction of a 24' by 24, garage 3' from the sideyard property line on the property located at 550 Franklin Street South. The garage will replace present garage which now stands 1.5' from the property line. City Engineer Priebe explained that the staff recommended approval of the request based on the fact that the owner is making the situation better with the 3' reduction rather than the 4.5' reduction that now exists. He also stated that he thought the garage doors will face the west. At the present time the garage doors face the south. Discussion revealed that if the 6' setback were met, the garage would be in line with the house. There was no one present to state any hardship caused by meeting the 6' setback. Mr. Erickson made a motion to close the hearing at 7:37 P.M. Seconded by Mr. Ebent, the motion carried unanimously. Mrs. Young made a motion to recommend to City Council that the request for the variance be denied, as there was no hardship to the applicant shown. Seconded by Mr. Beatty, the motion carried unanimously. The secretary was instructed to contact the applicant with the decision and inform him that if he has any further information that would reveal a hardship, he should appear before Council at the next meeting. (b) CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT SUBMITTED BY MERLIN EGGERSGLUESS Chairman Romo opened the hearing at 7:40 P.M. with the reading of publication #3094 as published in the Hutchinson Leader on July 7, 1983. The request is for a conditional use permit to allow the moving in of a 141 by 24' garage which will be placed to the right of existing garage on the property located at Route 3, 945 Luedtke Lane. Mr. Eggerslguess was present to explain the request. The moved -in structure has been painted and situated so that it conforms with the rest of the buildings on the property. City Engineer felt that if the building were to be used for storage only, it should be moved to the rear of the property. Mr. Eggersgluess responded that he intended to use it also as a single car garage. After discussion, Mr. Beatty made a motion to close the hearing at 7:44 P.M. Seconded by Mrs. Young, the motion carried unanimously. Mr. Beatty made a motion to recommend to City Council approval of the conditional use permit as requested. Seconded by Mrs. Young, the motion carried unanimously. (c) CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT AS SUBMITTED BY PURE CULTURE PRODUCTS Chairman Romo opened the hearing at 7:45 P.M. with the reading of publication #3095 as published in the Hutchinson Leader on Thursday, July 7, 1983. The request is for a conditional use permit to allow the installation of a product storage tank on the property located at 35 Adams St. The request is necessary because the property is located in an IC -1 zone. City Engineer Priebe explained the request. Fire Marshal Field explained that he felt Pure Culture Products should submit the findings of the PCA stating that the emissions from Pure Culture Products are not harmful to the public. Fire Marshal Field is the one who takes the complaints from the public about the foul odor and feels he needs this statement to respond to them. Mr. Rainwater, manager of Pure Culture Products, has promised to submit such a statement, but as yet has not done so. After disuussion, Mr. Erickson made a motion to close the hearing at 7:49 P.M. Seconded by Mr. Beatty, the motion carried unanimously. Mr. Erickson made a motion to recommend to City Council approval of the conditional use permit as requested, contingent upon DNR approval and receipt of a statement from the PCA stating there is no harmful effect caused by the emissions from Pure Culture Products. Seconded by Mr. Beatty, the motion carried unanimously. 0 0 (d) CONSIDERATION OF A REQUEST FOR A VARIANCE AS SUBMITTED BY GEORGE THELEN dba GEORGE'S FOOD AND FUEL Chairman Romo opened the hearing at 7:50 P.M. with the reading of publication #3097 as published in the Hutchinson Leader on Thursday, July 7, 1983. The request is for a variance to allow the elimination of the landscape area in front of the business and to convert it to blacktop parking spaces on the property located at 600 Adams St. S. City Engineer was prent to explain staff's recommendation to require adherance tGAordinance requiring landscape area in the front of the business. Following discussion, Mrs. Young made a motion to close the hearing at 7:55 P.M. Seconded by Mr. Erickson, the motion carried unanimously. Mr. Beatty made a motion to recommend to the City Council that the request for the variance be denied. Seconded by Mr. Erickson, the motion carried unanimously. (e) CONSIDERATION OF REQUEST FOR PRELIMINARY AND FINAL PLAT AS SUBMITTED BY ANTHONY MACHTEMES Chairman Romo opened the hearing at 7:56 P.M. with the reading of publication #3096 as published in the Hutchinson Leader on Thursday, July 7, 1983. The request is for the purpose of platting a parcel of property to be known as Mac's Bluff Addition. City Engineer Priebe was present to answer any questions about the plat, as was Mr. Machtemes, applicant. Mr. Gerald DeLeeuw of 815 Spruce Street was present to ask questions about the proposed plat. His questions were regarding property abutting plat, and how drainage water would be handled. Mr. Priebe explained that with storm sewer lines that would developed along with plat and with the County tile, drainage should be adequately handled. Mr. Beatty mentioned he had been questioned about what would happen to trees in the area. Mr. Priebe explained that those trees needed to be removed for building on the property would probably be removed, but those near the property line would probably be left. Mr. Erickson made a motion to close the hearing at 8:09 P.M. Seconded by Mr. Beatty, the motion carried unanimously. Mr. Beatty made a motion to recommend to the City Council approval of the preliminary and final plat as proposed. Seconded by Mr. Erickson, the motion carried unanimously. NOTE: This request is subject to approval of annexation due to be heard August 4, 1983. (f) CONSIDERATION OF A REQUEST FOR A VARIANCE AS SUBMITTED BY CHARLES AND JACQUELINE MILLER Chairman Romo opened the hearing at 8 :10 P.M. with the reading of publication 43098 as published in the Hutchinson Leader on Thursday, July 7, 1983. The request is for a variance to allow the reduction of the sideyard setback from 6' to 4' for the purpose of installing a below grade swimming pool on the property located at 486 Shady Ridge Road. The location of the pool is necessary because of underground utility lines already in place. Mr. Tom Barrick was present to represent the applicant. He explained that in order to meet the sideyard setback requirements, utility lines for some distance would have to be moved. City Engineer pointed out that the staff recommendation was based on the fact that the structure was below grade. After discussion, Mr. Beatty made a motion to close the public hearing at 8 :15 P.M. Seconded by Mrs. Young, the motion carried unanimously. Mrs. Young made a motion to recommend to City Council approval of the variance as requested. Seconded by Mr. Beatty, the motion carried unanimously. 4. Old Business None. 5. New Business (a) REVIEW OF COMPLAINT ABOUT DOG KENNEL AT 574 MADSEN Mr. and Mrs. Dale Miller of 583 Milwaukee Ave. were present to explain their complaint about a dog kennel located at 574 Madsen Ave. Mr. and Mrs. Miller claim that there are as many as 11 dogs in the kennel at one time. It appears the owner is raising the dogs and selling the pups. There have been two large litters since November of last year. The dogs make a lot of noise and there is an offensive odor coming from the kennels. City Engineer Priebe explained that staff has been unable to find in the zoning ordinance any regulations relating to the complaint. After discussion, Mr. Erickson made a motion to recommend to the City Council that they review the complaint and investigate what can be done about it. Seconded by Mr. Beatty the motion carried unanimously. � i 0 • (b) REVIEW OF REQUEST TO RESPOND TO POSSIBLE REZONING City Engineer Priebe explained that he had received a request about possibly rezoning a lot to R -4 to allow the moving in of a mobile home. It was his opinion that this would be " spot zoning " and should be avoided. It was the concensus of the Planning Commission that to zone an area to suit one individual lot would be spot zoning, as it would not be adjacent to the same type of zoning. It is their recommendation to not pursue the request for rezoning. (c) SLIDE PRESENTATION A slide presentation about subdivisions and platting was viewed. 6. ADJOURNMENT There being no further business, Mr. Beatty made a motion to adjourn the meeting at 8:45 P.M. Seconded by Mrs. Young, the motion carried unanimously and the meeting was adjourned. rCrTY 12) 587 -5151 OF HUTCHI SON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 July 21, 1983 M E M O R A N D U M TO: MAYOR AND CITY COUNCIL , FROM: HAZEL SITZ, PERSONNEL COORDINATORS RE: MID -YEAR MERIT INCREASES All department heads have completed performance evaluations of hourly employees, and these have been placed in personnel files. Memorandums from each department head are attached for your review. After discussion with the personnel office, department heads have made their recommendations for merit increases. I believe they have been "moderate" in all cases, as was requested this year, in order to equalize some pay rates which needed attention. Several_ dept. heads would have preferred to grant more increases, but after discussion have made their recommendations as follows. I believe all these recommendations are valid and would recommend their approval, effective the first pay period in July. Att. # (1,.9�DMINISTRATION AND FINANCE (Ken Merrill & Gary Plotz) . . . 9 employees, 2 recommended increases Marilyn Swanson, Admin. Secretary 2 step Mary Rose, Receptionist /Cashier 2 step (2) ENGINEERING (Marlow Priebe) Larry Huhn, Technician 1 step Pat VanderVeen, Secretary 3/4 step (3) PARK AND RECREATION (Bruce Ericson) , , . . . . . . . . . Karen McKay, Secretary 1 step Cliff Paulsen, Foreman z step Mark Larson, Maintenance Operator 1 step Joe Vostinar, Maintenance Operator 2 step John McRaith, Program Super(salaried) 1z step (4) STREETS, BUILDINGS, CEMETERY (Ralph Neumann) Floyd Groehler, Cem. Maint. Chief Ken Wichterman, Equipment Mechanic Elden Barkeim, Equipment Operator Eugene Baasen, Equipment Operator Dick Nagy, Chief Water Plant Operator Dick Ebert, Water Plant Technician Merle Meece, Wastewater Plant Technic 4 employees, 2 recommended increases 10 employees (incl.l sal'rd 5 recommended increases 15 employees, 7 recommended increases step step 2 step step 1 step 2 step 1 3/4 step (continued) MEMORANDUM Page 2 (5) LIQUOR STORE (Chuck Nelson) . . . . . . . . . . . . . . . 4 employees, 2 recommended increases Bruce Runke, Clerk 2 step Jeannette Matheny, Clerk 1 3/4 step (6) TRANSIT (Hazel Sitz) . . . . . . . . . . . . . . . . . . . 2 employees, 1 recommended increase Audley Jorgenson, Driver 2 step (7) POLICE (Dean O'Borsky) . . . . . . . . . . . . . . . . . . 10 employees (incl.4 sal'r, 3 recommended increases Roger Bakken, Community Serv. Ofcr. 1 step Nancy Buss, Secretary 1 step John Gregor, Sergeant (salaried) 2 step TOTAL 22 employees recommended for merit increase (8) Ken Merrill reports that the cost of these increases for 1983 would be covered by the balances remaining in the various funds. See his memo, attached. (As indicated in Gary Plotz' memo, he has been questioned by some directors regarding consideration by the Council for 1983 merit adjustments. Perhaps comment on this would be appropriate (612) 587 -5151 r CITY OF mCJrchrlmSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 July 15, 1983 M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: GARY PLOTZ, CITY ADMINISTRATOR SUBJECT: MERIT PAY - HOURLY EMPLOYEES After reviewing the past year's performance, I recommend that Marilyn Swanson, Administrative Secretary, receive a 2z% merit pay increase. Marilyn has done a fine job on the agenda and minutes and is a very consistent performer. This past year she has been training on the work processing machine, plus has had additional requests to contend with. The individuals in the Motor Vehicle department are at or near the top of their grade and step, therefore, no change is being made. In regards to Planning Commission Secretary, Kaye Link, she received the customary one step (5 %) increase after probation was completed on July 3, 1983. Therefore no change is being made at this time. In regards to reviewing the other employees within the office, their immediate supervisor, Ken Merrill, will be reviewing their performance and pay status. One position we are jointly recommending is a 2z% merit increase for Mary Rose, Receptionist. She has done an exceptional job at the front counter and has taken on many-more tasks than -was envisioned at the time her job description was drawn. In regards to salaried employees, two (2) of the directors have asked me if there will be any consideration. Perhaps you may want to comment on this to Hazel Sitz. C9 (612) 587 -5151 CITY OF HUT CHMISOA1 37 WASHING TON AVENUE WEST HUTCHINSON, MINN 55350 M E M O R A N D U M DATE: 6 -28 -83 TO: PERSONNEL COORDINATOR FROM: DIRECTOR OF ENGINEERING RE: MERIT REVIEWS Merit reviews for employees in this department have been completed and discussed with each employee. The personnel file copy of each form is attached. My recommendations for mid -year increases are as follows: (Justification for each increase is included.) Larry Huhn - Work has shown good improvement and no merit increase in 3 years since end of probation. Recommend advance from Grade III Step 5 to Grade III Step 6. Pat VanderVeen Job performance has been very good and has accepted responsibility well. Recommend advance from Grade II Step 6; to Grade II Step 7. C-J • • 12) 587 -5151 rY OF HUTCHINSON SHING TON AVENUE WEST NSON, MlNN. 55350 TO: Hazel Sitz, Personnel Coordinator FROM: Bruce Ericson, Parks & Recreation Director >� DATE: July 20, 1983 SUBJECT: Merit Raises I have completed all the performance reviews with the employees of the Parks & Recreation Department. I feel that the yearly review has been a benefit to our department since there were many improvements over the last year which were discussed at last years review session. It serves as a good tool for communication among the staff. I am recommending the following personnel for a merit increase: Cliff Paulsen, Park Foreman 1i step Joe Vostinar, Park Maintenance 3� step Mark Larson, Park Maintenance 1 step Karen McKay, Secretary 1 step John McRaith, Recreation Supervisor 1 -11steps Note: I feel that in addition to doing an outstanding job, John's area of responsibility has increased to justify this increase. John has accepted the responsibility of the department in my ab- scence and has always done a commendable job. Therefore, I am requesting he be considered for a 1� rather than 1 step increase. klm (8) r (612) 587 -5151 ITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 July 20, 1983 MEMORANDUM TO: PERSONNEL COORDINATOR FROM: RALPH NEUMANN, DIRECTOR OF MAINTENANCE RE: MERIT REVIEWS Merit reviews for employees in my departments have been completed and discussed with each employee. My recommendations for mid -year merit increases are as follows: NAME DEPT. MERIT INCREASE Larry Karg Street None Earl Alsleben Street None Curt Paulsen Street None Duane Dascher Street None Elden Barkei:m Street x step Eugene Baasen Street 2 step Stan Koehler City Hall None Floyd Groehler Cemetery 2 step Doug Meier Motor Pool None Ken Wichterman Motor Pool z step Finley Mix Wastewater None Randy DeVries Wastewater None Merle Meece Wastewater 1 314 step Dick Nagy Water Plant 1 step Dick Ebert Water Plant 2 step Note: Merle Meece and Dick Ebert have been underpaid for several years. They were reclassified upward in January 1981, however, increases were not given to reflect this change. One full st is recommended for Dick Nagy k—ause of the added duties of a6w water plant. rc/ (612) 587 -5151 CITY o :u-r-c�-�IA'S0N - -- 37lhIASNlNG TON AVENUf � "JEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: TO: PERS N NEL COORDINATiO-R FROM: A 'd, OR ,v � RE: MERIT REVIEWS Merit reviews for employees in this department have been completed and discussed Yith each employee. The personnel file copy of each form is attached. My recommendations for mid -year merit increases are as follows: (Justification for y 7 each increase is included..) VLC1it� /f� //2R`�l�Pi y Sle,� 3 g 4- J rree� that leant F � hog' a {jen• F,i 6n f'1�e. L.Ql�ri 5fer� bec.akse rc� �e oCiEY h m y n G S C C-,) C e her �r <7'i.c�; V'er �r a eft a,-)cs �C" " &(4 h c oh�Tou7e: ; �e�l Ga s% $*h e a Asa Pew V e r y KB D w /F Yev /Vre - r 5 '. (b 12) 587 -5151 CITY OF HUTC171AISON 37 WASHING TON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: July 13, 1983 TO: PERSONNEL COORDINATOR FROM: Hazel Sitz, Transit Coordinator RE: MERIT REVIEWS Merit reviews for employees in this department have been completed and discussed with each employee. The personnel file copy of each form is attached. My recommendations for mid -year merit increases are as follows: (Justification for each increase is included.) Audley Jorgenson, Bus Driver Recommend increase of one -half step, to Grade II, Step 6 1/4. A conscientious, loyal employee; this increase will make his pay rate equal to that of the other driver; both have similar service. records. TO 0 POLICE DEPARTMENT MEMORANDUM Personnel Coordinator FROM Chief Dean M. O'Borsky SUBJECT Merit Reviews 0 DATE June 13, 1983 Merit reviews for employees in this department have been completed and discussed with each employee. The personnel file copy of each form is attached. My recommendations for mid -year merit increases are as follows: (Justification for each increase is included.) Sgt. John Gregor Sgt. Gregor has lagged behind all of his fellow supervisors although he was promoted in 1979. His performance has been excellent and he has developed into a very dependable supervisor. I recommend a one half step increase to bring him in line with the other supervisors and investigator at $12,34 per hour. 2. C.S.O. Roger Bakken CSO Bakken has been with the Police Department for 32 years. He currently is less than half way on his pay schedule. He has provided the department with a valuable service function by relieving police officers of certain duties at a much reduced rate. He has assumed a much more responsible role with our department and doing an excellent job. I recommend a one step increase to Grade III, Step 5 3/4. 3. Secretary Nancy Buss Nancy has been employed by the Police Department for 4Z years, During that time she has been assigned more and more complicated and responsible duties. Her value to the department has increased on an ever more effective level. She has not received any merit increase since 1981. I recommend one step increase to Grade II, Step 6z, - C? ,1 rX� 12) 587-5151 - - - -- r CITY OF PoWYCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 June 8, 1983 M E M O R A N D U M TO: MAYOR AND CITY COUNCIL -I 1�l-� ( FROM: HAZEL SITZ, PERSONNEL COORDINATOR 1 ' RE: MID YEAR MERIT REVIEW FOR HOURLY EMPLOYEES d PERSONNEL - CONFIDENTIAL Enclosed are copies of the materials that have been provided to the respective depar eads for use with mid -year merit reviews. In order to make easier see what each employee's present rate is in relation t the assigne range, a bar graph has been used as part of the info ation provi ed for each employee. This may also be helpful to the C until in getting a better overview of the pay status throughout all th departments. It is expected that department heads will complete the reviews by the end of June a d make r c-cm ndation for merit increases at that time, to be effective th/fi st pay per iod in July. There are several lower -pai eees wh :will probably be recommended for one -step or greater in:re Othe se,` it is anticipated that recommendations for merit increases be quite moderate this year. In the Police Department and Park/ creati0y1jepartment there may be recommendation for merit increases of one or t p-salaried supervisory employees. Otherwise, all employees listed are full time hourly. Part time employees will not be considered foci increases at this time. C 'J 1.) 030 to G (612) 587.5151 F CITY OF NlJ"TCH11xiSoiy 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 July 21, 1983 M E M O R A N D U M TO: MAYOR AND COUNCIL FROM: KEN MERRILL, CITY ACCOUNTANT SUBJECT: MERIT ADJUSTMENT COST If the Council would approve the proposed adjustment for wages the cost would be as follows for the balance of 1983 (assumes action effective for wages from July 1, 1983) General Fund Wages $4548 (PERA /FICA) 555 Central Garage Wages 220 (PERA /FICA) 27 Water /Sewer Dept. Wages 1,834 (PERA /FICA) 224 Liquor Store Wages 534 (PERA /FICA) 65 The various funds have a balance remaining in wages and FICA /PERA to cover the wage adjustment necessary. (General Fund has a balance of $48,000 for wages. PERA /FICA balance of $5,996, which is before the above adjustment is made.) �(d 12) 587 -5151 ( CITY OF HUTCHINS ®N 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 July 21, 1983 M E M O R A N D U M TO: PERSONNEL COORDINATOR FROM: KEN MERRILL, CITY ACCOUNTANT SUBJECT: MERIT REVIEW The review of staff in the Finance and Water /Sewer Dept. at City Hall has been completed and reviewed with all individuals. It is my belief that all personnel are performing well in their areas. The following merit review and recommendations are: Roberta Tabberson None Joleen Runke None Diane Olson None Mary Rose , step I also believe the receptionist position as we are now defining it will need to be reclassified. At the first of the year I will be proposing the reclassification for council consideration. y I • • E �¢�41uti IoAtj OfA TO 1] Clg��l�rl 3n rrrngnitinn of leis srruirr to t4r rrsidrnts of Mutrhinsan, fbr City of ]ufrhinsnn is plrasrd in prrsent to ,fohnE.J(Qq r, this Rrsnlnfinn of Appreriatian fnr his unselfish and outstanding rnntribufinn to nur rnmmunifg as: A,5535TANe C 3 C V i CC, (Oi(IC£ 11 3ANnARI1 1982 - 3UNE 1983 now UMERESORE, BE 3E RESOCVED Bu TEE C 3TV C(93iruc OT TEE nEv OY E1i<+,T;33V30N , fl{3NNE50TA: THAT, drrp apprrriatinn is brrrby rxprrssed in 3n4n E. ifrrfr for bis afnre- mrnfinnrd seruirrs and tlr gratitude of Rufrhinsnn and tide ritizens f4rrrnf is 4 rrrhy rxprrssrd. lldnptrd bg t4r City Caunril this 25# day of 3uly, 1983. TO FROM SUBJECT DATE POLICE DEPARTMENT MEMORANDUM Mayor and City Council Sgt. John Gregor 7 -25 -83 Heatwole Threshing Association Beer License at the Civic Arena During the summer of 1982 a great deal of discussion occurred over whether or not beer should be sold on city property or in city owned buildings. A series of memos was written by Chief O'Borsky to the Mayor and Council on this subject. Discussions also took place between Chief O'Borsky and Parks and Recreation Director Bruce Ericson, with the Jaycees over this subject. It was my understanding that a compromise had been reached which would allow beer sales at softball tournaments if certain conditions were met, but at the request of the Chief no license would be issued for "family" events at the Civic Arena. In reviewing the memos written by Chief O'Borsky he cited enforcement problems and the inability to keep beer out of the hands of minors as reasons for not selling beer at the Arena, Therefore I recommend that this application be denied. JG:nb A9 0 RETAIL "ON SALE" $25.00 Mate of f-Mill it �Dtap COUXTY Of—, —I'IqLPPd - City­.. To the ....... City Council ....................Of.... ��jt(�hinson, .............. .......... .............. . of ne ....... ...... State of Minne-;ota: Heatwole Threshing Association, David Bagne____ .... ....... .... .. hcrr2ry appl..,e'.fur a Zicirsa for iT,, jtrm of_ ...... from tha.­­­ 13th August 18 83 M all At RP'Lail Only, Son-Tntoxic.-ding Malt Liquors, as the same aTodeilwd by Ianv, for cor,-rumq,'Lon "OA"' i�a4t rzrlaln prcmio,­s in the City...... ­ 01 Hut chin son-.-,-.—. . . .......... . ..... . JOLZra-s, Lo-w;-t ... .... ..... ... Civic Arena,­ at which place said applicant ... ?7,e business of and f,0 That end represent._.. and fft­nte...- as f0Ml Vff That said appNcant . ........ ....... . ZiVoen.... . of ihe Tinned of food m ral and repute; and ha ..... .- attain-ed the ace of �l years; that._.....-_-__.._.....___..---._ ......... ........_....prcprictor...._.nf the establishment for which the licer c will be, L&s d if this application is rranted. That no rnanufacturar of such nzn-infoxicafinf m.(21t Ziqaor4r 7�s cry cwn--rzhip, Zn whole or in part, jn said buti.n.ess of said appTLcant.. .... or any intre-e. therein; That said app7izant .... . ma ke ihiA a7,pU,-afL6n par"ant and to all the la-wo Of the State of AfInnz4ol.a, and the ordinances and reeuZationz of said appUe,abLe thereto, which aze hereby made a par:, hereof, and hereby afre . ..... Io observe OTLA Obey the (r-, -. &-S,: ",+ c4 V ... . f ]. l Ench appTEm.nf further sl­0'" that he LJ not n-ox the T" lzr of, r`ar has he made app! 'at" for' nor does he intend to make appU,aVzn for a Federal Rcta'Z 1)-4ajZr'* Sie�r Z 'a.r stamp far the Sale of liquor. Dated_ July —Zl� 78.83__ 0 .T David W. Berne 0 0 REGULAR COUNCIL MEETING July 26, 1983 WATER $ SEWER FUND *Gridor Construction Est. #12 $ 34,779.50 Blue Cross Blue Shield Aug. med. ins. 992.54 Curtin Scientific chemicals 231.68 Feed Rite Controls chemicals 71.48 Hutch Warehouse Grocery distilled water 8.82 Juul Contracting repairs 599.40 Power Process Equipment supplies 219.98 RCM testing 200.00 State Treasurer PERA 216.61 UBC supplies 15.57 Van Waters F, Rogers chemicals 1113.00 Zins Machining repairs 532.00 First Bk of Mn. parts $ repairs $ 38,980.58 GENERAL FUND *Motor Vehicle transfer fee for vehicle $ 10.75 * Dean M. OBorsky materials F, fees 187.20 *Mn. STate Treasurer boat registration fees 204.00 *Commissioner of Revenue June arena sales tax 12.51 Blue Cross Blue Shield Aug. med. ins. 12,525.56 Crow Chemical chemicals 43.10 Chapin Pub. Co. street improvement bids 44.40 Central Mn. Com. repairs 30.00 Co. Treasurer dl fees for county 103.00 Co. Recorder recoridng variances 25.00 Family Rexall Drug rec. supplies 11.19 First Bk of Mn. parts 11.16 First Bk of Mn. parts $ repairs 13.59 Floor Care Supply supplies 209.14 Great Plains Supply supplies 1050.92 G.F. Nemitz Sons mirror & ivindow 57.92 Harpel Bros. Inc. parts 135.20 Hutch Utilities certificates to county 47.48 Int'1 Conf. Bldg. Officials dues 60.00 Intl Conf. Bldg Officials field inspection manual 13.00 ICMA REtirement Corp. contribution 154.79 Kokesh supplies for recreation 124.95 Logis computer charges 2226.44 Pamida supplies 179.06 Marilyn Swanson coffee 4.99 Homer Pittman conference 41.32 Shopko supplies 38.85 State Treasurer PERA 3772.31 James Schaefer last half July 846.37 UBC supplies 205.62 U of Mn. film rental 8.00 Zins Machining repairs 340.65 Wigen Chev. vehicle 7685.72 Wm. Mueller & Sons street materials 926.94 // -Q' 0 0 -2- Al's Shirt Shop rec. supplies 6.45 Anderson Interiors library supplies 24.55 Blue Syky Marketing Inc. pocket data book ? 26.95 Glencoe Enterprise public hearing notices 49.17 Lake Harriet Florist plant 15.70 Leslie Linder bus service 873.38 LP Gas Equipment supplies 11.39 Olson Locksmith key 1.50 Pro Image INc. tapes 7.50 Rick Plbg $ Htg. repairs 88.90 Sec. Bank $ Trust parts 625.96 James Weckman o gas pumped 21.09 Wesco Inc. parts 71.95 Yardmen Fence Co. fence $ gates 1340.00 Mavis Bjurlin swimming refund 9.00 Richard Vessen swimming refund 9.00 Susan Precht swimming refund 9.00 Anne Klatt swimming refund 9.00 Ruth Gauer dance class refund 9.00 Peggy Swanke dance class refund 9.00 Linda Maiers dance class refund 9.00 Judy Olson dance class refund 9.00 Mrs. Richard Martin dance class refund 9.00 Barb Bening dance class refund 9.00 Karen Mathews dance class refund 9.00 Jean Brooks dance class refund 9.00 Janie Messner swimming refund 9.00 Yvonne Schober swimming refund 9.00 Sharstrom Plbg. refund meter fee j connection fee 77.00 Gary Mickle refund bldg. permit 38.50 Dan St. Pierre refund bldg. permit 228.50 McLeod Co. Agr. Assn. refund bldg. permits 1601.95 McLeod Co. Agr. Assn. refund bldg. permits 324.56 Art Wendorff bldg. permit refund 50.50 Carl Rohde refund bldg. permit 10.00 Earl Moehring refund bldg. permit 29.50 Lucile Ulrich refund bldg. permit 22.00 Donald Hall refund bldg. permit 89.00 Willim Breitkreutz refund bldg. permit 38.50 Harlan Lieder refund bldg. permit 56.50 Kevin Evenson refund bldg. permit 197.00 Duane Buske refund bldg. permit 62.50 Neal Rannow refund bldg. permit 10.00 $37,477.63 3- 1981 Parking Rev. Bonds Bennie Carlson contract payment $ 669.30 Juul Contracting Bretzke parking lot 206.50 Citizens Bank principal and interest 10,525.00 1st National Bank interest 525.00 Northern Trust Co. interest $ service fee 60,530.50 $ 72,456.30 Bonds of 1983 Hutchinson Utilities street light 937.93 Bonds of 1982 Juul Contracting repairs 1257.48 Federal Revenue Sharing Health Planning $ Management professional fees 1200.00 BONDS OF 1981 Northern Trust Co. interest $ service fee 57,932.35 Fire Hall Debt Service Fund Northern Trust Co. interest $ service fee 34,864.90 LIQUOR STORE FUND City of Hutchinson Payroll 7 -22 -83 3883.78 Twin City Wine Co. wine & liquor 2473.63 Northland Beverages wine $ liquor 306.80 Junker Sanitation june refuse service 96.00 J.C. Penney Co. uniforms 378.13 State Treasurer PERA 189.65 $ 7327.99 0 0 league of rninnesota cities July 22, 1983 Mr. Gary Plotz City Administrator 37 Washington Avenue W. Hutchinson, MN 55350 Dear Gary: FOR YOUR INFORMATION This is a followup to our phone conversation concerning the use of special assessments for street maintenance operations such as seal- coating, pothole repair, snowplowing, etc. I've not been able to find any other examples besides Bloomington and St. Paul. However, I've asked Tom Thelen to do some checking as he travels around. We'll pass on to you whatever he comes up with. Sorry we can't help you at this time. s; ny�e 7 Peter Tritz Research Director PT: cas P3 u. Diversity, avenue east, st. caui, minces_ s 551 01 (612)227-E5600 July 15, 1983 league of minnesota cities Mr. Gary Plotz City Administrator City Hall 37 Washington Avenue W. Hutchinson, MN 55350 Dear Gary, JUL 19,U Br 0 oG �O 9� This is in answer to your call concerning use of city funds for a picnic for members of city boards and commissions. first, it is becoming somewhat more common to pay some sort of salary to members of planning commissions and other commissions as well. The only city I can specifically name that has established a policy of paying members of all commissions is Oakdale, but I think there are others. Payment to members of planning commissions is, I believe, becoming somewhat more common. (See April 19, 1979 letter, file 415c3 dealing with compensation to planning commissions.) Second, although the general principle is that little niceties to city employees such as Christmas parties, Thanksgiving turkeys, or whatever, are not really allowable as gifts (see enclosed Attorney General's opinion 59a -22, Nov. 23, 1966, file 215h1 , there is nothing that would prevent a city from providing turkeys, parties, or other things as a form of compensation to employees (or, presumably, to board /commission members.) Thus, if persons are aware, at the time they begin serving on a commission, that included in their compensation package there will be a summer picnic, I can see no problem. I think this is the best answer I can provide. I'm also enclosing a letter on a related topic - flowers for employees at their funerals. Some of the arguments made in that letter could be applied to your situation as well. I hope this will be of some help. Sincerely, William Makela Research Assistant WM:cas Enc. 1 83 university avenue east, St. paul, minnesota 55101 (612)227-5600 INFORMATION SERVICE r Of League of Minnesota Cities 480 Cedar Street, Saint Paul, Minnesota 55101 July 16, 1976 Power of city to provide flowers at.Employee's funeral 1�415cl otlW Mr. Andrew Bastian City Clerk City Hall New Ulm, Wl 56073 001�gT ZQ /V Liar tdr. Bastian: In response to your letter of July 12, concerning the legality of city expenditures to provide flowers at the funeral of deceased city employees, we are sending you copies of the following materials: Attorney General's Opinion to R.V. Ehrick, October 25, 1968 59a -3 415c4 Opinion to D. D. Wozniak, December 11, 1959 387a -3 415cl Opinion to Peter S. Popovich, December 3, 1965 16lb -4 415cl M.S. 465.72 As indicated on the final page of the first above listed Attorney General's Opinion, any payment or confk --erit of a benefit, made by the city to or on behalf of a particular person as a part of the agreed upon consideration for such persons em- ployment is simply compensation for the work performed. Certainly, under the circumstances you outlined in your letter, it can be argued that the primary -purpose of the expenditure is a public purpose, to compensate for and to recognize the contribution of the for:er employee. This final demon- stration of respect and appreciation by the ermloyer, argueably enhances the attitude of cohesiveness and belonging of all city employees bet-rreen eech other and with the city. Provision of flowers would seem to be compensation a-rid thus - involve a public purpose, in the same sense that a death benefit under PEPA or a local police or fire relief program would be. The question then arises whether the provision of such flowers is a gratuity, conferred after the work for which it is attributable, or whether it is conroenss- tion from the standpoint that the services of the employee were rendered in anti- cipation and expectation that this particular form of compensation would accrue to them in the event of their death while employed with the city. The usual tests should be employed for such a determination despite the fact that the incentive value of the anticipation of flowers at one's funeral might be small, since the costs are also small. Moreover, the courts are not likely to second - guess the city council as to the form in which compensation ought to be *fade. -00 hanover building, 460 cedar street, saint paul,_minnesota 55101 _[61.21 222-2961 Bastian /P'Andrew y 16, 1976 ge 2 In any event, the third listed enclosed Attorney General's opinion seems to indicate that if it was the understanding of the employer and the employee -w ;N that certain additional compensation accrue to the employee from his labors; above and beyond that which is formally fixed by ordinance resolution con- tract or statute, that additional payment or thing of value, is not a gratuity, but is in fact a part of the payment for the work performed. It would cer- tainly seem that the intent of the parties could be demonstrated by a long- standing practice on the part of the city even if that practice was not for- malized as a part of the personnel policy, assuming the practice was applied with substantial consistency. If the presentation of flowers is recognized as compensation, there should be no difficulty establishing authority (all payments from a city must be both authorized and for a public purpose) since the same statutory or charter authority which permits the municipality to employ and compensate workers generally, would apply in this situation, unless it specifically restricted the nature of the compensation that could be paid. _ Finally, Law$ 1973 Chapter 298, codified as M.S. 465.72, specifically _ authorizes severance pay. Such payments may even be made in case -of the death of the employee. The word "pay" is not commonly restricted to a mone- tary transfer, but includes delivery of goods or other things of value. _ Webster's New International Dictionary, Third Edition. Such words when used in a statute are given their common and approved usage. M.S. 645.08 (1). In summary then, the practice would seem to be supportable either on the basis that it is a form of severance pay which is authorized by M.S. 465.72 or thati it is another form of compensation which is a ?art of the package of benefits for which employees provide their services. Of course, the compensation rationale would be strengthened if there was a formal ordinance or resolution establishing such a policy. On the other hand, it'must seem to the families of the individuals involved and -to the other wDrRers, a more dignified and meaningful demonstration of appreciation and recognition if each such occasion is, at least with respect to form, treated as an isolated and individual circumstance. We hope this answers your question satisfactorily. In accordance with the policy of this office when a matter comes to us involving legal considerations, we are sending a copy of this letter to the attorney for your city for his information. Sincerely yours, Cei- Stanley G. Peskar General Counsel Encs. cc: Mr. Terrance Dempsey New Ulm City Attorney SGP:pjr ' (612) 587 -5151 / % Y OF 1 r CI I r.:l.'fi'EI.SON 37 WASH;NGTON AVENUE WEST HUTCHWSON, MINN 55350 July 20, 1983 Arcon Construction Co. Mora, 1,24 55051 RE: Sewer Service 1968 Main Street Project Gentlemen: FOR YOUR INFORMAT101V The City has inccrred expense in connecting a sanitary sewer service that you were paid to install and did not do so when you constructed the above - referenced project. This is the second such service that the City has found and has had to install, after paying you for the installation. Our present cost was S2,300.00 and our previous cost was $800.00 your payment of $3,100.00 to City Hall. Sincerely, CITY OF HUTCHINSON AZ/ - &' Marlow V. Priebe Director of Engineering MVP/PV cc: City Council City Accountant Kindly remit E 0 M E M O R A N D U M FOR YOUR INFORMATION DATE: — — — July 15, 1983 — — — — — — — — — — — — TO: — — — Mayor and City Council — — — — — — — — — — — — — — — — — — — — — — — — — — — — — FROM: _Cary D.— Plotz, City Administrator — — — — — — — — — — — — — — — — — SUBJECT: Request to Have League of Cities Research Special Assessments - - - -- -- for Street Maintenance — — — — — — — — — — — — I requested Mr. Peter Tritz of the League of Minnesota Cities to research cities that utilize the special assessment method to finance street maintenance. Mr. Tritz was aware that the cities of St. Paul and Bloomington have been doing this for years. Mr. Tritz had his residence in St. Paul, and therefore, is personally acquainted with that program. _ Mr. Tritz will be researching other cities that may have such special assessments. He will be reporting his findings in writing. /ms i • FOR YOUR INFORMATION THE HUTCHINSON SAFETY COUNCIL The Hutchinson Safety Council met June 27, 1983, at 12 noon at the Fire Hall. There were 11 members present. President Myron Johnson opened the meeting with a silent prayer. The May minutes were approved as read. A bill of 53.88 was approved by motion, for expenses to Myron Johnson to the Minnesota State Council meeting. OLD BUSINESS: McLeod County Fair - - -A discussion was held and it was deceided due to the tornado damage at the fair ground, if we can get in with the sheriffs posse booth to pass out literature OK and if not OK also. A motion was made and seconded to this effect. NEW BUSINESS: President Myron Johnson reported on the Mn. State Safety Conference. He stated it was a good conference with a good speakers from the MADD organization aon drunk driving and other speakers on the same subject. Mpls. Police Chief Tony Boza spoke on legislation that needs to be improved after arrests are made for the drunk drivers. Police pick them up and the judges let them go. Warren Kempfert, from the local 3M Company, stated they received a outstanding safety performance safety award, as did McLeod County and the REA. Les Smith stated he had pamplets for distribution on lawn mowers and chain saws Attached is a list of 1045 pamphlets he distributed. The recent tornado was discussed and all complimented the city crews and all who helped, for their work.following the tornado. A motion was made and seconded we sent a letter to the Editor, expressing our appreciation to all who helped. Warren Kempfert reported there were not any chemical involved in the semi,- trucks that were overturned, at 3M, during the tornado. The next meeting will be July 25, 1983, at the Fire Hall. Submitted by: Myron Johnson, President Loretta F. Pishney, Seer. Treas. Treasurers' Report: Balance on hand June 1, 1983 269.06 Deposits; none Disbursements: Allen Office - certificates of appreciation 1.81 Myron Johnson -MN State conference expenses 53.88 Balance on hand June 30, 1983 213.137 Literatur 'istrlbttion Feb. 5, 1983 to George Field for display & hand outs 250 each Spot the Danger -A User's guide for Chain Saw Safety 250 EAch Prrduct Safety Fact Sheet- $51 Chain Saw operation Jan 24,1983 Distributed at safety council meeting 17 Each Spot the Dager -A user Guide for Chain Saw 8a&eitgj 17 each Product Safety Fact "beet ff 51, Chain Saw S&Sety Distributed with mailings -with bir&hday cards and invioice or statement mailings by Leslie 0. Smith insurance - during the past KV months 20 each Spot the Danger -A user's guide for chain saw safety 20 each Product Safety Fact Sheet / 51, Chain Saw S.,fety 14 It Ewye that Gycle -tipes for deivers 19 2 Share the Road -A guide to mixing i'lortoists « cycles 9 " Slow Moving Vehicles — ymplemenst of Husbandrey 17 2 The Drinker's Guide to Driving 7 ° Ereeway Driving 44Demands Special Skills 11 " Wafety at the Crossing — Railroad Crossing 6 " How To talk to Your Teenager' about Drinking `v Rriving 10 ° Don't Risk lour child's Life - Safety Belts sets 12 " Is It Safet To Cross "ow 15 if Be On the Sal fe Side p- i1innesotEj Crime Watch L 13 Outsmarting Crime -An lder Person s Guide to Safer iving 17 Rural Crime —Dent be the 'next Victim 2 ° For Those Who Drink Drive or Do Both 17 Be A bike Lxpert —leave Funk, Know the Rules 7 " Parents Can Be Serious Traffic Hazards llz ° 'signs of Life - Railroad Crossings 18 ° flow To go on Icr: & Snow 19 2 Emergency Help CB Channel 9 23 " It takes A Professional to Fight Fire 5 ;i Infor; ation for i`otor%cle Operators 17 What l'o Do Before The Burglar Comes 25 " Make Your Lawn Laser & Safer to Mow k1owing Safety heck List 3 Safety 1`'ith Trains --9 Easy Steps to Follow 27 " Spot The darer --+ users Guide for Power Mowere Safety 15 NO. 34, Space !!eaters roquet Safety Fact Sheet 16 " NO. 57 - -Smoke Detecotrp - " it it 7 No. 44- Fire Places, - roduct Safety Fact Sheet 9 Its Your Life - -Don t Burn it Away - Consumer Product Safety Commissior 9 ° K ep the Fire In your Stone -Wood Burning Stoves 23 11 Tornado — US Dept, of Commercie 1 An Activist's Guide for Curbing The Drunk Driver 11 " How `10 Keep the Life of the Party Alive 1 " Farrdly Safety — Minnesota Safety Council 5 " Tnucks and Trailers - Driving Regulations & Licensing requirements Distributed at Safety Council me�;tin; -June 27, 1983 13 " Spot the Dapger — A sers Guide for Chain Saw Sa.fety 20 Spot the Dager A User's Guide for kower mowers Safety - 15 If Mowing Safety Checklist -Power Moi,er `'aintenance & Storage Tips 11045 Total Distributed the past 5 months Distributed by Leslie 0. Smith, Member Executive °oard, Hutchinson Safety Council �— �� Jllti983 RECEIVED l ifil fin league ' 8Y �- league of minnesota cities July 5, 1983 Q�- A-Sc- QOSI -7-1y -&3 TO: Managers, Administrators and Clerks FROM: Stan Peskar JPSV9 RE: Senator Peterson and the State Department of Finance Propose a Shift of Contributions from PERA to the Teachers Fund The attached article illustrates the need for cities, city employees and retired city employees to work with other local government groups to prevent what can only be regarded a threat to sound local government pension funding, with a plan calculated to punish the provident and to reward the improvident. Please contact your legislators as well as Senator Peterson and the other members of the legislative commission on pensions and retirement, to give them your views. Please post in a place where all city employees may see it. Members of the commission, their addresses and phone numbers are listed on the reverse side of this memo. Study says 3 ®f 4 pension funds. ,i__Mtfing more money than needed fly Lod Sturdevant Staff Writer new study shows that Minnesota taxpayers could put less money into public-employee pension funds and still give some retirees higher bene- fNS without causing financial prob- lems in the funds, the chairman of tQe Legislative Commission on Pen- sions and Retirements said Tuesday. State Sen. Collin Peterson, DFL -De- The stale paid $165,000 for the study, which was prepared by Howard Win - kelvoss and Associates. It shows that three of the state's four major pub- lic- employees' pension funds — the Minneapolis Employees Retirement Fund, the Minnesota State Retire- ment System and the Public Employ- ees Retirement Association — are receiving a total of 261 million per year more than netessary for them to achieve full funding by the year 2009, the Legislature's target date. trott Lakes, said he expects the study t0 trigger proposals to the 1984 Min- nesota Legislature to do just that It could also lead to a controversy over whether city and county govern- ments should contribute, either di- grease in contributions to e one pension fund that is not ade- Only the Teachers' Retirement Asso- ciation should be receiving higher annual contributions from taxpayers to achieve full funding, the study said. An increase of 215.4 million per year would cover the need, it said; previous estimates were as high as $50 million. gLately funded, the Teachers' Re- percent annual cap on cost -0f - living increases to pensioners. Peterson said he opposes that and expects the commission to reject it. State pension funding is "at a cross- roads," Peterson said, because of the need to fund fully the Teachers' Re- tirement Association pension system. "I see this as an opportunity to re- think the en re ou rcemv ovees pension system.' 55101 (61 2J 227 -5E 0 -1 O O C 'tl O O Z N S r n 1 v C • N d n m to LEGISLATIVE COMMISSION ON PENSIONS AND RETIREMENT 49 State Office Building ISI?i7 SENATE (296) HOUSE (296) Dennis Frederickson 8138 John T. Clawson 4358 Morgan, Minnesota 56266 Box 511 (507) 249 -3346 Lindstrom, Minn. 55045 Room 132 State Office Bldg. (612) 257 -5385 287 State Office Bldg. Donald M. Moe 4264 4370 309 Capitol James P. Metzen 312 Deerwood Court Collin C. Peterson 4135 So. St. Paul 55075 Route 2, Box 287 (612) 455 -2214 Detroit Lakes 56501 219 State Office Bldg. (218) 847 -3772 Frank Rodriguez 6456 205 Capitol 239 E. Robie St. .arl W. Renneke 4125 St. Paul 55107 Route 2 227 -6467 56058 (office) Construction & Gen. Labor LeSueur (612) 237 -2613 No. 132 228 -9018 121 State office Bldg. 162 State Office Bldg. Allan H. Spear 4191 John Sarna 4219 2429 Colfax South 2837 Ulysses St. N.E. Minneapolis 55405 Minneapolis 55418 (612) 333 -5949 (612) 781 -2482 27 State Capitol 299D State Office Bldg. Dick Wigley 4355 Route 2 Lake Crystal 56055 (507) 726 -2394 315 State Office Bldg. • • EMPLOYMENT ADVISORY TO MAYOR AND CITY COUNCIL FOR YOUR INFORMATION CRY OF HUTMINSON NAME Denise Baumann JOB TITLE Swim Instructor DATE July 15, 1983 ADDRESS I . 615 - 5th Ave SW, Hutchinson SUPERVISED BY Bruce Ericson/ John McRaith EMPLOYMENT STATUS x NEW EMPLOYEE OTHER FULL TIME x PART TIME OR SEASONAL PAY RATE $3.70 /hr COMMENTS Replacing another swim instructor who is unable to complete the season. THE ABOVE PERSONNEL ACTION CONFORMS TO ADOPTED PERSONNEL POLICY AND TO THE COUNCIL APPROVED SELECTION PROCESS. TMEN AD PERSONNEL OORDINATOR c'�SGQ.wYI. J CITY A INISTR OR CAk7 June 30, 1983 Dear Participating Agency, * A OC" 0 United W! 3Y of Hutchinson Area z 0 218 Main Street Nm �p Hutchinson, Minnesota 55350 Phone 612-879-60Z ]j O ;r z Enclosed you will find the check for your agency from the Hutchinson Area United Way for the 1982 -83 Campaign. Please consider this letter your personal invitation to our Budget Hearing. The meeting will be held Tuesday, July 26th at 7:00 p.m. at the Chamber of Commerce Board Room. Please notify us if you plan on attending by July 22 so that we can reserve time for you on the agenda. Due to the number of participants, you will be limited to a total of eight (8) minutes including questions. Either call us at 612 -587 -5252 or write our office at 218 Hain North, .� - Sincerely, Lee Ashfel Presidenx Hutchins Area SJnit ff Way ' Enclosure: Check or $2,000.00 for 1982 -83 Campaign. Senior Services You will be pleased to note that the Hutchinson Area United Way Executive Board choose to increase your budgeted amount by $500.00. Please use this amount, as well, for the purchase of a piece of permanent equipment needed in the senior Center. (612) 587 -5151 CITY OF HUYCHINSOX 37 WASNIIJGTON AVENUE WEST NUTCNINSON, IkNN. 55350 July 22, 1983 Lee Ashfeld, President Hutchinson Area United Way 218 Main Street North Hutchinson, MN 55350 Dear Mr. Ashfeld: The Hutchinson Senior Center wishes to express appreciation for the United Way allocation of £2000. We are in the process of equipping the Senior Center with a much needed sound system, a small stage to be used for presentations, and a TV w /stand. Our 1982 funding request included an 8 mm pro- jector; however, we have substituted that request with the TV w /stand to meet our current needs. We hope that in the future, you consider the Center to be a worth- while project and will continue to grand our funding requests. Sincerely, Barb Haugen Senior Center Coordinator __ -n - -_.�- - -� � �.�.. T Tz. _ _ _ _ e e. J J • • _ _ r r _ r r 3 3 T Tti _ _ I It _ _ t tt . F dl 3 3 f f 1 1 1 ' ' _ > `.. _ >. J _, � .�. i i . ._ 7 �� F.I�Ioj d 7te . . 9 9 ° °f, I I 8 8S F F.7 • 0 Swanke Motors, Inc. 145 Washington Ave. E. Hutchinson, Minnesota 55350 587 -4999 July 14, 1983 City of Hutchinson City Council 37 Washington Avenue W. Hutchinson, MN 55350 RE: Street Maintenance Project 83 -07 Dear Members of the Council: 'fiIr'?�^3 VED FOR YOUR INFORMATION Though I was unable to attend the hearing on improvement for Project 83 -07 on the 27th of June, I did take considerable time to review said project. Though I have no objections to the way the City Engineer is attempting to improve the Street Maintenance Program, I do object to the method of in- forming property owners. When all municipal departments are attempting to keep their costs of operation in line, the City of Hutchinson goes ahead and mails letters to anyone who has any property in separate letters. This may be a picky item, but yet it is a sign of inefficiency. I received 10 separate letters at a cost of $1.70 to the City, while the same purpose could have been completed with one letter for .17c. Perhaps this is the reason the City of Hutchinson is not able to maintain the street programs on a given budget. Too often management fails to realize that a given budget is essentially that. Either less workers have to perform more efficiently or a program such as Project 83 -07 must be instituted. I will trust that the City Engineer has complete control of the Street Maintenance Program and can justify the additional costs to property owners. Sincerely, ��Y� w"5A ank8' esident JAS:imk Ps Enclosed note received from a former property owner, Carl Moehring who has a good understanding of the tax assessment problems in Hutchinson. BLACK ® r LEO pONT1AC x/7-7 r � } L U 0 0 OITIcR nr ins rwrnHUn RUDY P£RPICH ST. PAUL 55155 FOR YOUR INFORMATION s rovrnvnn Page Two June 2 , 1983 June 27, 1983 • Third, indexing would be suspended. If a shortfall was forecast before September 15, 1984, the amount is estimated to be $83 million; after September 15, To Local Units of Government: 1984 the amount is estimated to be $26 million. IPhs purpose of this letter 1s to provide information on the • Fourth, the Commissioner of Finance would unallot possibility of future budget reductions and actions to be (impound) up to $100 million, taking into consideration taken if revenue shortfalls should occur. other resources available to recipients of state appropriations, BUDGET STABILITY • And lastly, a special session of the Legislature During the 1983 legislative session I recommended, and the could be called to deal with any shortfall in excess Legislature approved, a $250 million budget reserve. In of the four items listed above. addition, the General Fund fund balance at the end of the F.Y. 84 -85 biennium is forecast to be approximately $100 million. Legislation was also passed which suspends SUMMARY indexing in the event of a shortfall. Before indexing may be suspended, the fund balance and budget reserve must be Even though we do not feel a revenue shortfall is likely, used. If a shortfall should occur, the above items would it certainly is a possibility and must not be treated lightly. cover the first $433 million. The five steps above are necessary for sound financial management and to provide information for you to do your The Minnesota economy is finally showing signs of recovery. planning. You should do your financial planning in the This, along with the actions taken by the 1983 Legislature, knowledge that several measures have been adopted to assist has returned stability to Minnesota's budget. There is, however, in managing the risk inherent in revenue forecasting. You a note of caution. Current budget estimates include forecasts should also take into account the probabilities (about 1 in of a recovery of the Minnesota economy. If the recovery 5) that even these measures may not be adequate to prevent should stall, then a budget shortfall and unallotments could the necessity for unallotments. occur. The Department of Finance will be preparing quarterly fore- " REVENUE SHORTFALL - ACTIONS TO BE TAKEN casts which are widely covered by the news media. Additional information will be provided to you as conditions warrant. If the Department of Finance forecasts a revenue shortfall, the following actions would be taken in the order listed. In41,elryi • First, the budget balance would offset the first $100 million of any shortfall. ;udy h • Second, with the advice of the Legislative Advisory Governor Commission, the budget reserve would be used to offset r the next $250 million in shortfalls. ?/ $ tAA'- -over= AN EOUAL OPPORTUNITY EMPLOYER 0 6 M E M O R A N D U M DATE: July 8, 1983 TO: Mayor, City Council and Directors FROM: Gary D. Plotz, City Administrator SUBJECT: Vacation For your information, I will be taking my accumulated vacation from July 18 through August 12. In my absence Ken Merrill will be acting in my behalf, including items relat- ing to the Council agenda. He will also be attending the Council meeting of July 26 and August 9. I will be in telephone contact with Ken at least once a week. ems