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cp11-09-1982 cMUTC'HINSON CITY CALENDAR WEEK OF November 7 To November 13� WEDNESDAY -10- i SUNDAY MONDAY THURSDAY _11- VETERANS DAY i - CITY OFFICES CLOSED - TUESDAY -9- 4:00 P.M. - City Council Work- shop at City Hall Commission 7:30 P.M. - City Council Meet - at City Hall ing at City Hall FRIDAY -12- VACATION: KEN MERRILL - Nov. 8 only SATURDAY -13- AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 9, 1982 v1. Call Meeting to Order - 7:30 P.M. V2. Invocation - Rev. Germain Rademacher ✓3. Consideration of Minutes - Bid Opening of October 26, 1982 and Regular Meeting of October 26, 1982 Action - Motion to approve - Motion to approve as amended ✓4. Public Hearing None ,/5. Communications Requests and Petitions J(a) Consideration of Request for City Contribution to Drug Investigation Unit Action - Motion to approve - Motion to reject Vb) Consideration of Request by Hutchinson Downtown Retail Association to r Turn On Holiday Street Decorations November 26, 1982 at 4:30 P.M. Action - Motion to approve - Motion to reject /(c) Consideration of Request by City Administrator to Attend State Small Cities Workshop on November 10, 1982 Action - Motion to approve - Motion to reject ,/(d) Consideration of Request by Personnel Coordinator to Attend Transit Conference November 16 -18, 1982 Action - Motion to approve - Motion to reject X76. Resolutions and Ordinances None ,/7. Reports of Officers Boards and Commissions ,/(a) Building Official's Monthly Report - October 1982 Action - Order by Mayor received for filing COUNCIL AGENDA NOVEMBER 9, 1982 V(b) Minutes of Nursing Home Board dated September 23, 1982 Action - Order by Mayor received for filing 8. Unfinished Business ✓(a) Consideration of 1983 Improvement Projects (DEFERRED SEPTEMBER 14, 1982) Action - Motion to reject - Motion to waive reading and adopt Resolution(s) Ordering Preparation of Report V<b) Consideration of Applying $150,000 of Federal Revenue Sharing Money Towards Old Armory Updating and Reducing Amount of Indebtedness To Be Incurred to $81,500 (REQUESTED BY PAT MIKULECKY) (DEFERRED OCTOBER 12, 1982) Action - d(c) Discussion of Handicapped Codes As It Relates to State of Minnesota, As It Pertains to Use of Public Buildings, and As It Relates to Government Funding Programs (Requested by Mayor DeMeyer) Action - ,/(d) Review of Building Official's Letter Regarding Handicapped Code Updates, Including Discussion of First and Second Floor of City Hall and Library (Requested by Mayor DeMeyer) Action - ,f(e) Consideration of LeMans Family Fun Center at Hutchinson Mall (DEFERRED OCTOBER 26, 1982) Action - 9. New Business Aa) Consideration of Car Impounding Contract with Plowman's, Inc. Action - Motion to reject - Motion to approve and enter into contract ;/(b) Consideration of Resolution to Enter Into Contract with State of Minnesota, Department of Transportation Action - Motion to reject - Motion to enter into contract - Motion to waive reading and adopt Resolution No. 7288 -2- • • COUNCIL AGENDA NOVEMBER 9, 1982 J(c) Consideration of Service and Maintenance Contracts Action - Motion to reject - Motion to approve and enter into contracts ,,(d) Consideration of Applications for Snow Removal Permit: 1. Curt Paulsen 2. Leslie Johnson 3. Gene Betker 4. Edwin Karg Action - Motion to reject - Motion to approve and issue permit(s) J(e) Consideration of Renewing Airport Farm Land Contracts with Eugene Birk and Grant Knutson Action - Motion to reject - Motion to approve and enter into contracts 10. Miscellaneous J(a) Communications from City Administrator 11. Claims Appropriations and Contract Payments (a) Verified Claims Action - Motion to reject - Motion to approve and authorize payment 12. Adjournment -3- MINUTES BID OPENING TUESDAY, OCTOBER 26, 1982 The bid opening was called to order by Vice -Mayor Gruenhagen at 2:00 P.M. Present were: Vice -Mayor Kenneth Gruenhagen, City Ad ministrator Gary D. Plotz, and City Engineer Marlow V. Priebe. Absent: Mayor James G. DeMeyer, Alderman Mike Carls, Alderman John Mlinar, and Alderman Ted Beatty. Publication No. 2991, Advertisement for Bids, Project 82 -49 was read by the Vice - Mayor. The one bid received was then opened and read. Juul Contracting Co. $8,513.10 The bid was referred to the City staff for review. The meeting adjourned at 2:06 P.M. X�' i • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 26, 1982 1. CALL TO ORDER The meeting was called to order at 6:00 P.M. by Mayor DeMeyer at the high school cafeteria, with the following present: Alderman Mike Carls, Alderman John Mlinar, Alderman Kenneth Gruenhagen, Alderman Ted Beatty, and Mayor James G. DeMeyer. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, City Attorney James Schaefer, and City Accountant Kenneth B. Merrill. 2. INVOCATION In the absence of a pastor, there was a time of silent prayer. 3. MINUTES The minutes of the Special Meeting of October 4, 1982 and Regular Meeting of October 12, 1982 were approved as presented upon motion by Alderman Carls, seconded by Alderman Gruenhagen and unanimously carried. 4. PUBLIC HEARING - 8:00 P.M. (a) PROJECT 82 -49 - STORM SEWER LINE & APPURTENANCES Mayor DeMeyer read Publication No. 2990, Notice of Hearing on Improvement, Project 82 -49, for construction of a storm sewer line and appurtenances in the area between Bradford Street on the East, Echo Drive on the West and Century Avenue on the South and Oakland Avenue (service drive) on the North. The estimated cost of the improvement is $13,980.20. No one was present to voice objection to the project. Alderman Beatty moved to close the hearing at 8:01 P.M. Motion seconded by Alderman Mlinar and unanimously approved. It was reported by the City Engineer that one bid had been received, and his recommendation was to award the contract to Juul Contracting Co. in the amount of $8,513.10. After discussion, it was moved by Alderman Mlinar, seconded by Alderman Beatty, to waive reading and adopt Resolution No. 7284 entitled Resolution Ordering Improvement and Preparation of Plans, Project 82 -49. Motion car- ried, with Alderman Gruenhagen abstaining from voting. The motion was made by Alderman Beatty to approve the project and waive reading and adopt Resolution No. 7285 entitled Resolution Approving Plans and Specifications and Ordering Advertisement for Bids, Project No. 82 -49. Motion seconded by Alderman Mlinar and carried, with Alderman Gruenhagen abstaining from voting. ':�F COUNCIL MINUTES OCTOBER 26, 1982 Alderman Mlinar made the motion to waive reading and adopt Resolution No. 7286 entitled Resolution Accepting Bid and Awarding Contract, Project 82 -49. The motion was seconded by Alderman Beatty and carried, with Alderman Gruen - hagen abstaining from voting. (b) HEARING ON PROPOSED DOWNTOWN PARKING IMPROVEMENT Mayor DeMeyer called the hearing to order and read Publication No. 2992, Notice of Hearing On Proposed Assessment, Downtown Parking, Assessment Roll No. 152. He then proceeded to establish guidelines of procedure for the hearing. The Mayor reported approximately 25 letters had been received expressing objection to the proposed downtown parking program. He further pointed out the importance of submitting a written objection at tonight's meeting if anyone intended to appeal the assessment. The Mayor then stated he would read aloud the letters received to date. Alderman Beatty made the motion to waive the reading of the letters. The motion failed for lack of a second. Mr. Frank Fay requested that his letter not be read aloud. Upon a majority vote of the people present, the Mayor read the letters aloud. The follow- ing made a verbal response. Irvin Burich He stated the bank owned three pieces of Citizens Bank & Trust Co. property that were assessed as separate par- cels. Since the three properties are con- nected, they should be treated as one. He had no objection to the assessment on the two parcels, but the drive -in portion had a park- ing requirement of 20 parking spaces. It was pointed out a drive -in does not require park- ing. Therefore, an adjustment would need to be made on the spaces credited to the bank. Charles Brill, Mgr. Mr. Brill reported the assessment letter and State Twin Theater Publication No. 2992 had been sent to the Min- neapolis office, and he was not aware a let- ter of appeal had to be presented at this time. The owner of the theater was not fav- orable with the assessment, and he was sub - miting a letter tonight until such time as their attorney can represent the theater. Skip Quade Mr. Quade commented he was the chairman of Quade's the Downtown Parking Committee. He then gave -2- COUNCIL MINUTES OCTOBER 26, 1982 9 0 a presentation on the history of the parking program. It was reported the program began in the 1950's with an awareness of the prob- lem. In 1968 the City Council appointed a committee to study the parking problem. Then in 1977 a $2,500,000 parking program was pro- posed, with no action taken. In 1980 a pro- posal of $1,500,000 was made but again no ac- tion. Also, in 1980 the Downtown Parking District was established. A downtown parking plan for $1,250,000 was proposed in 1981, and this is the program now being considered. A public hearing was held in January 1981 and continued in March 1981. It was estimated the current need for parking was 387 stalls. Russell Meade He stated he felt some alternatives to the Meade's 66 Station program should be discussed. Clarice Coston, Exec. V.P. Mrs. Coston inquired about the cost for angle Chamber of Commerce parking and the number of parking spaces it would provide. Marlow Priebe The City Engineer reported he had reviewed City Engineer the area and found 650 existing parking spaces. He estimated a total of 1,065 spaces in the proposal. The total street construction cost for the four - phased project would be approxi- mately $1,000,682. Alderman Beatty Alderman Beatty remarked that Mrs. - Coston's question was, how much of the assessment would be used for on- street parking. The answer was $300,000. Irvin Burich Mr. Burich commented on the parking fund and Citizens Bank & Trust Co. the additional amount for the on- street park- ing plan. Someone had stated there would be no cost, but he wasn't sure who there would be no cost to. It might come under the head- ing of special assessments. Russell Meade Mr. Meade stated there still hadn't been any Meade's 66 Station alternatives presented. He objected to the assessment in total, but he would be willing to contribute if it was ironed out and fairly done. -3- COUNCIL MINUTES OCTOBER 26, 1982 Bernard Stolpman Mr. Stolpman commented that he was disap- Property Owner pointed Mr. Smith was not allowed to speak since the people were interested in his pro- posal. If Smith's plan materialized, addi- tional parking spaces would be provided at no cost to the City or downtown merchants. The downtown parking left a "bad taste" be- cause it was a Main Street group working on the proposal. The representatives did not take into consideration the feelings or re- marks made by those merchants located off of Main Street. It is a wonderful thing for a downtown business to get a parking lot in its back yard (i.e., S & L project) when others had to provide their own parking spaces and maintain the lots. It makes those located off Main Street feel bad. It would be better to move off Main Street. People shop at the outer business area locations. He felt no one listened to what he had to say. Robert Rozmarynowski Mr. Rozmarynowski asked if consideration had Wash Tub been given to all the new lands put into the assessment. The out -lying areas contain bus- inesses that have already spent dollar amounts on parking spaces, but they have not been given consideration. He further commented that a year ago hearings were held, and people voiced objection against the parking program. Still they have not been listened to so the City will have to deal with court actions. Jay Alrick Mr. Alrick pointed out he came to Hutchinson Alrick's Men's Clothiers to establish a retail business. However, there are other shopping areas to compete with. If there is going to be a strong downtown, there is a need for downtown parking close to the businesses. He stated he was in agreement with the assessed amount for his business and was willing to pay that figure, which would amount to about $2.00 a day. Mr. Alrick ex- pressed surprise that more people weren't in support of the downtown parking. Skip Quade Mr. Quade stated his business probably has all Quade's Plumbing, Heating the parking spaces required, and there is no & Electric problem with on- street parking because of his location. However, he is still willing to pay • -4- • COUNCIL MINUTES OCTOBER 26, 1982 0 0 the assessment since he feels future growth requires parking to bring more business into the downtown. He further agreed there may be some inequities in the assessment formula. Some of the people voicing objection are not against parking but rather the dollars being assessed. Milburn Henke Mr. Henke made reference to Bernard Stolpman's Property Owner comment about the downtown parking program benefitting all of Main Street. He pointed out many of the merchants have been against the entire concept of the downtown parking from the very beginning, and they did not feel it was needed. He felt that if a poll was taken, it would go down 3 to 1. Since the money has already been borrowed, he must as- sume it is all cut and dried. Nothing said tonight will be heard. Mr. Henke stated he had four parking spaces behind the building but was only credited for two. Arle Schlecht Mr. Schlecht asked if there could be court Plowman's, Inc. action on the downtown parking or if it was cut and dried. Sandy Lennes Mrs. Lennes commented her business was started Hickory Lane six years ago, and it was felt this was a good area for it. However, there is a need for more parking space. Perhaps there have been several inequities, but this has been an issue for so many years. She wished the City Council would move ahead with the downtown parking, and per- haps they should re- evaluate the assessment method. Lorraine Meyer Mrs. Meyer stated the Meat 'N Cheese Shop was Property Owner in her backyard, and she felt the assessment was in excess. Also, the building owned down- town had no need for additional parking. She was objecting to the assessments. Joe Wesley Mr. Wesley thought there were some interesting Wesley Pharmacy points made at the-meeting. He felt the City Council needed to address the inequities, but there were some good points to consider. An assessment program was needed that would be more fair and consider each merchant individ- ually. There is a need for convenient downtown parking for many of the businesses. -5- COUNCIL MINTUTES OCTOBER 26, 1982 Richard Smith Mr. Smith remarked that he was not objecting Property Owner 6 to the assessment on his property but to the Developer method being used. He then asked several ques- tions relating to the parking plan as well as the proposed on- street angle parking. In closing, Mr. Smith stated he was in full sup- port of additional downtown parking. Jerry Mengle Mr. Mengle pointed out that if it had been Planning Consultant determined there was a need of 387 parking spaces and angle parking produced a net gain of 415 spaces, there would be over 600 parking spaces to meet a net need of 387. He then inquired if the over -all need was well estab- lished and correct. On the surface, it would appear that the City could solve its entire parking need by implementing the on- street program at an approximate cost of $300,000. Dr. Lester Schuft Dr. Schuft stated he could recognize the 45 Third Avenue SE City's position and could realize the need for parking, but there must be some way to adjust the assessment.figures. If the assess- ment went through, he would have a difficult time holding on to his building. The indi- vidual situation must be considered. Dr. Schuft stressed that 60% of the amount will come from assessment to downtown property owners and 40% from the City, which means he will be paying again. Following Council discussion, the motion was made by Alderman Beatty to close the hearing at 10:40 P.M. Motion seconded by Alderman Gruenhagen and carried unanimously. Alderman Mlinar moved to hear Richard Smith's downtown proposal. Seconded by Alderman Gruenhagen and carried, with Alderman Beatty voting nay. Alderman Carls moved to waive the rules and hear the proposal. Alderman Mlinar seconded the motion, and it carried. Mr. Richard Smith stated he had recently acquired property on Main Street from the Cenex station down to the Hutchinson Sewing Center. He proposed to build a 20,000 square foot complex in the area of the old Plowman's building on Second Street Southeast just off Main Street. The buildings on Main Street would be demolished and the area used for parking. r, L • COUNCIL MINUTES OCTOBER 26, 1982 0 The owners of the Hutchinson Sewing Center and Brinkman's Studio were con- tacted and agreeable to relocating in the new center. The Firstate Federal building would remain intact but relocate its entry. The proposal would include tax increment financing to purchase the property and the use of the City's off - street parking funds. The City would gain 82 parking spaces at a cost of $3,780. A drawing of the proposed facility was presented by Jeff Pelling, architect for Miller Construction in St. Cloud. The City has made application for a Sheltered Workshop to be located in the old Plowman building. Mr. Smith researched the possibility of build- ing a new facility on five acres of free land at the vocational site. (c) AMENDING 1981 PARKING BOND ISSUE TO ALLOW FOR ON- STREET AND ON- BOULEVARD IMPROVEMENTS Mayor DeMeyer called the hearing to order at 11:05 P.M. City Attorney Schaefer explained the purpose of the hearing was to amend the 1981 parking improvement bonds to authorize the use of the proceeds to finance on- street and on- boulevard improvements. After discussion, it was moved by Alderman Gruenhagen to close the hear- ing at 11:10 P.M. Motion seconded by Alderman Beatty and unanimously car- ried. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 7260 entitled Resolution Relating to $1,250,000 Parking Improvement Bonds; Authorizing the Use of the Proceeds Thereof for On- Street Parking Improve- ments In the City. The motion was seconded by Alderman Carls and carried unanimously. 5. COMMUNICATIONS REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST By MINNIE SCHULZE FOR REDUCED TRASH AND REFUSE RATE Following discussion, Alderman Carla moved to approve the reduced trash and refuse rate. Motion seconded by Alderman Beatty and approved unani- mously. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 12/82 - ORDINANCE AMENDING SECTION 245:12 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED NURSING HOME BOARD RELATING TO POWERS AND DUTIES -7- COUNCIL MINUTES OCTOBER 26, 1982 Following discussion, the motion was made by Alderman Carls, seconded by Alderman Beatty, to waive second reading and adopt Ordinance No. 652 en- titled Ordinance Amending Section 245:15 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Nursing Home Board Relating to Powers and Duties. Motion unanimously approved. (b) RESOLUTION NO. 7278 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND After discussion, it was moved by Alderman Gruenhagen to waive reading and adopt Resolution No. 7278 entitled Transferring $20,000 from Liquor Store to General Fund. Motion seconded by Alderman Beatty and carried unanimously. (c) RESOLUTION NO. 7279 - A RESOLUTION REPEALING RESOLUTION NO. 2993 AND ESTABLISHING REVISED REGULATIONS FOR SNOW REMOVAL Following discussion, Alderman Beatty made the motion to waive reading and adopt Resolution No. 7279 entitled A Resolution Repealing Resolution No. 2993 and Establishing Revised Regulations for Snow Removal. The motion was seconded by Alderman Carls and unanimously carried. (d) RESOLUTION NO. 7283 - TRANSFERRING $58,400 FROM SPECIAL ASSESSMENT BONDS OF 1982 FUND TO GENERAL FUND After discussion, the motion was made by Alderman Beatty, seconded by Ald- erman Mlinar, to waive reading and adopt Resolution No. 7283 entitled Trans- ferring $58,400 from Special Assessment Bonds of 1982 Fund to General Fund. Motion approved unanimously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - SEPTEMBER 1982 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF PLANNING COMMISSION DATED SEPTEMBER 21, 1982 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (c) MINUTES OF SENIOR ADVISORY BOARD DATED AUGUST 11, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. so • • COUNCIL MINUTES OCTOBER 26, 1982 (d) MINUTES OF HOSPITAL BOARD DATED JUNE 15, 1982; NNE 23, 1982; JULY 20, 1982; AUGUST 17, 1982; AND SEPTEMBER 21, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (e) MINUTES OF PARKS AND RECREATION BOARD DATED SEPTEMBER 1, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) DISCUSSION IN CONNECTION WITH USE OF CITY VEHICLES (REQUESTED BY MAYOR DEMEYER) (DEFERRED SEPTEMBER 14, 1982) Mr. Clarence Freitag inquired about the tax exempt license on city vehicles driven to and from work by employees. He further pointed out that two em- ployees drive city vehicles outside the county to their homes. He had no objection to the use of vehicles by those who deal with emergencies, but he felt it was the city taxpayers who paid for the gas. Mr. Leonard Lewandowski reiterated the comments of Mr. Freitag. He stated there are two cops and one other city employee who live out of town. The gas for the use of the vehicles they drive home comes out of the taxpayers' pocket. The City Attorney stated that as long as the vehicles were used by city employees who were on -call, the exempt status was justified. It was the Mayor's contention that the Chief of Police should be allowed to drive a city vehicle outside the city limits to his home due to his position. An exception should be made, but he didn't feel a vehicle should be provided for those employees who choose to live outside city limits. Several employees from the Street Department questioned whether those on- call really get called out. It was reported that they are on -call but not provided a vehicle. Each employee drives to and from the garage and re- ceives no reimbursement for gas or mileage. During the winter months they are called out early in the morning and on weekends to work long hours in adverse conditions for snow removal. They receive no over -time pay and are required to take time off at the supervisor's discretion. They felt there should be an equal and fair policy for the use of city vehicles. After discussion, the motion was made by Alderman Carls that all employees who respond to on -call keep a record during the months of November and De- cember of the number of hours involved for on -call and the specific duty, with the Council to be informed at the end of December. Motion seconded by Alderman Beatty and unanimously carried. COUNCIL MINUTES OCTOBER 26, 1982 (b) CONSIDERATION OF INSTALLING STREET LIGHT IN MIDDLE OF 600 BLOCK OF JUUL ROAD The Hutchinson Utilities Commission reported installation of a street light in the middle of the 600 block of Juul Road would cost approxi- mately $675.00. Permission had been obtained from the property owner to install the underground conductors along the west property line to serve the street light. After discussion, the motion was made by Alderman Beatty to approve the installation of the street light. Motion seconded by Alderman Gruenhagen and carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF CIVIC ARENA RENTAL POLICY A proposed rental policy for the Civic Arena was presented, with the favor- able recommendation of the Parks and Recreation Board. Following discussion, Alderman Gruenhagen moved to approve the rental policy. Motion seconded by Alderman Beatty and unanimously approved. (b) CONSIDERATION OF SETTING SPECIAL MEETING DATE FOR COUNCIL CANVASS OF ELECTION After discussion, it was moved by Alderman Gruenhagen to set a special election canvass meeting on November 3, 1982 at 4:00 P.M. The motion was seconded by Alderman Beatty and carried unanimously. (c) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS There was no one present to request an extension of the payment period. It was moved by Alderman Carls, seconded by Alderman Mlinar, to accept the staff recommendation to discontinue service at 12:00 Noon on November 1, 1982, unless otherwise indicated, for the following: Account No. 01 -0140- 1-00, 01- 0430 -1 -00, 02- 0125 -0 -00, 02- 0280 -1 -00, 02- 0645 -3 -00, 03- 0500 -8 -00, 05- 0180 -0 -00, 06- 0700 -1 -00, 07- 0120 -4 -00, 07- 0900 -3 -00, 07- 0905 -1 -00, 07- 0910-9-00, 09- 1105 -1 -00, 11- 1010 -0 -00, 12- 0750 -0 -00, and 42- 0070 -1 -00. Motion unanimously approved. (d) CONSIDERATION OF ESTABLISHING A POLICY AND FEE FOR PHOTOCOPYING CITY DOCUMENTS Following discussion of the appropriate amount to charge for photocopying services at City Hall, the motion was made by Alderman Carls to set a single copy fee of 20s for non - elected officials and to ask the City staff to -10- 0 0 • • COUNCIL MINUTES OCTOBER 26, 1982 maintain a record during the months of November and December of the copies duplicated by City Council members. Motion seconded by Alderman Mlinar and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. (e) CONSIDERATION OF APPLICATION FOR PUBLIC AUCTION PERMIT BY CUMMINS AUCTION COMPANY It was the general consensus of the Council that this company was coming in from out of town and state to compete with the local dealers. Also, a representative would not be available following the auction in the event the tools were defective. Alderman Beatty moved to deny the public auction permit. The motion was seconded by Alderman Gruenhagen and carried, with Aldermen Gruenhagen, Beatty and Carls voting aye and Alderman Mlinar and Mayor DeMeyer voting nay. (f) CONSIDERATION OF LEMANS FAMILY FUN CENTER AT HUTCHINSON MALL Following discussion of the fun center, the motion was made by Alderman Beatty to instruct the City Police Department to investigate the background of the LeMans Company and to prepare a recommendation to the Council, as well as have a representative attend the meeting. Motion seconded by Ald- erman Carls and unanimously approved. (g) CONSIDERATION OF WAIVING PAYMENT FOR BUILDING PERMIT FEE FROM GRIDOR CONSTRUCTION, INC. AND RCM The Building Official stated that although the building permit would cover a city project, all other city entities have had to pay the fee for a build- ing permit. Therefore, Gridor Construction and RCM should be no exception. After discussion, it was moved by Alderman Carls to reject the request to waive the payment for a building permit fee. Motion seconded by Ald- erman Gruenhagen and carried unanimously. (h) CONSIDERATION OF EXPENDITURE FOR TAPES BY MAYOR DEMEYER (REQUESTED BY ALDERMAN GRUENHAGEN) The Mayor was questioned regarding cassette tapes purchased and charged to the City. It was the consensus of the Council members that this expen- diture should come out of the $300.00 monthly payment made to the Mayor in addition to his regular salary of $450.00 a month as Mayor. Following discussion, Alderman Carls moved that in the future the Mayor take his supply expenses out of the monthly allowance created for that purpose. Motion seconded by Alderman Beatty and carried, with the Chair abstaining from voting. -11- COUNCIL MINUTES OCTOBER 26, 1982 (i) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY JEROME KOCKELMAN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION A variance was requested by Jerome Kockelman to allow the construction of a five foot walkway from the present house to a newly constructed garage. Following discussion, Alderman Beatty moved to approve the variance and to waive reading and adopt Resolution No. 7280 entitled Resolution Grant- ing Variance from Section 6.05, B.3 of the Zoning Ordinance No. 464 from Existing Front Yard Setback. Motion seconded by Alderman Gruenhagen and approved unanimously. (j) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY LOUIS BRUNNER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Louis Brunner requested a Conditional Use Permit to allow moving in. a 24' x 24' garage onto an existing concrete slab at 125 Glen Street South. The Planning Commission approved the permit, with the provision a new roof be added. After discussion, it was moved by Alderman Gruenhagen, seconded by Alder- man Carls, to waive reading and adopt Resolution No. 7281 entitled Resolu- tion Granting Conditional Use Permit Under Section 6.07, B.1 (b) of Zoning Ordinance No. 464 to Allow Moving In A Garage, with stated provision. Mo- tion unanimously carried. (k) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY HUTCHINSON PUBLIC SCHOOLS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The Hutchinson Public Schools made application for a Conditional Use Per- mit to allow construction of a wood - framed garage as an accessory building to a concrete block building in a I -1 zone. Following discussion, the motion was made by Alderman Mlinar to waive read- ing and adopt Resolution No. 7282 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Construction of A Wood - Framed Garage, with the stipulations the building be moved off of the site upon sale of the land, the building have a foun- dation, and the color combination be the same as the main existing building. The motion was seconded by Alderman Beatty and carried unanimously. (1) CONSIDERATION OF PROTECTION OF FUTURE ROADWAY EAST OF KIMBERLY COUNTRY ESTATES WITH RECOMMENDATION OF PLANNING COMMISSION When the final plans for Kimberly Country Estates were approved, there was concern by the residents that there be a future roadway to Highway 7. The City staff was requesting authorization to begin the necessary proced- ures of the Maps Street Act. -12- 0 Ll COUNCIL MINUTES OCTOBER 26, 1982 After discussion, the motion was made by Alderman Mlinar to direct the staff to start procedures under the Maps Street Act. Motion seconded by Alderman Beatty and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. (m) CONSIDERATION OF CORRECT REZONING SOUTH OF SOUTH GRADE ROAD AND WEST OF MALL It was reported that several errors were made in the legal description of the property south of South Grade Road and west of the Mall at the time rezoning was done of said property. The proper legal description was recorded in the Planning Commission Minutes dated March 18, 1980, and the request was to accept said Minutes as the correct description. Following discussion, Alderman Carls moved to accept the Planning Commis- sion Minutes of March 18, 1980 as correct for the legal description. Motion seconded by Alderman Beatty and carried unanimously. (n) REVIEW OF FINAL SITE PLAN FOR BETHKE'S PUD (ROLLING GREENS T017NH OUSES) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Engineer Priebe stated Mr. Bethke had submitted the final develop- ment plan which showed the existing easements and met all the require- ments of the subdivision ordinance. After discussion, it was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to approve the final site plan for Bethke's PUD, Rolling Greens Townhouses. Motion unanimously approved. (o) CONSIDERATION OF PRELIMINARY PLAT FOR PETERSON ESTATES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH RESTRICTIONS City Engineer Priebe reported the county required platting of land under 10 acres that was being subdivided. The Peterson Estates will be divided into two lots. Mr. Priebe recommended four restrictions for the prelim- inary plat. Following discussion, the motion was made by Alderman Mlinar to table until the next meeting any action so a proper map could be obtained. The City Engineer pointed out the County would be holding a public hearing regard- ing this matter prior to the next Council meeting. Alderman Mlinar then withdrew his motion. It was moved by Alderman Mlinar to approve the preliminary plat for Peter- son Estates, with the suggested restrictions. Motion seconded by Alder- man Beatty and carried unanimously. -13- COUNCIL MINUTES OCTOBER 26, 1982 (p) REVIEW OF SKETCH PLAN FOR VIRGIL JORGENSON WITH FAVORABLE OF PLANNING COMMISSION City Engineer Priebe stated the County required platting due to the size of the lots involved, which are less than 10 acres. After discussion, the motion was made by Alderman Beatty, seconded by Ald- erman Mlinar, to approve the sketch plan. Motion unanimously approved. .(q) CONSIDERATION OF CHANGE ORDER NO. 2 FOR WATER TREATMENT PLANT ADDITION City Engineer Priebe reported on the changes for the water treatment plant addition. The net increase to the contract will be $11011.00. Following discussion, it was moved by Alderman Gruenhagen, seconded by Alderman Mlinar to approve the Changer Order No. 2. Motion carried unani- mously. RECESS: Alderman Carls moved to adjourn at 7:50 P.M. for a 10- minute recess prior to the Public Hearings scheduled for 8:00 P.M. Motion seconded by Alder- man Mlinar and carried unanimously. The meeting reconvened at 8:00 P.M. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported that Jim Fahey, Fahey Sales Agency, had requested permission to block off a portion of Grove Street to conduct an auction on November 6, 1982. Following discussion, approval was granted upon motion by Alderman Beatty, seconded by Alderman Gruenhagen and unanimously carried. (b) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schaefer commented that he had received favorable comments regarding the use of a video presentation over closed- circuit television screens at the last Planning Commission meeting. He felt this was some- thing that should be continued. (c) COMMUNICATIONS FROM ALDERMAN BEATTY Alderman Beatty objected to the Mayor of the way he had handled the pub- lic hearing by dragging out its length and using the podium to promote his own personal programs. -14- 0 • 11 COUNCIL MINUTES OCTOBER 26, 1982 (d) COMMUNICATIONS FROM ALDERMAN MLINAR Alderman Mlinar made reference to the draft of a letter that was prepared by City staff to be published in the paper regarding the Old Armory issue. It was the consensus of the majority of the Councilmen that they were ready to sign it for publication. Alderman Carls requested an addition to the section referring to the mo- tion of the Park and Recreation Board on October 6, 1982. He felt it should reflect the motion passed unanimously, with Alderman Carls abstain- ing from voting. Following discussion, Alderman Mlinar moved to request the Leader to pub- lish the drafted letter signed by the Council members, with the addition as recommended. The motion was seconded by Alderman Beatty and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye, and Mayor DeMeyer voting nay. Mr. Skip Quade inquired of the Mayor if he had ever thought of demolishing the Old Armory. He pointed out that in 1975 the Mayor had signed his name to a petition that was in favor of putting in a parking lot on the site of the Old Armory and was promoting downtown parking. Mr. Quade stated he was concerned about the 1800 degree turn - around the Mayor had taken on this issue. 11. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The verified claims were approved for payment from the appropriate funds upon a motion by Alderman Gruenhagen, seconded by Alderman Beatty and car- ried unanimously. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:45 P.M. upon motion by Alderman Gruenhagen, seconded by Alderman Beatty and unanimously carried. -15- DRUG INVESTIGATION UNIT lip 308 E. 2nd St. • Redwood Falls. Minnesota 56283 • (507) 637.2433 October 12, 1982 J TO: City Councils within Region E FROM: (het Wiener Dug Investigation Unit Director 12131415 >\ ^� OCT11982 RECEIVED BYE_ 8a a The Drug Investigation Unit MIX.) is established to assist in coordinating Controlled Substances and Narcotic Investigations within the eighteen county areas of Region E. The Unit, as a staff function, is designed to provide capability of overcoming jurisdictional problems, reduce duplication of investigative efforts, provide appropriate equipment and intensified training for drug related investigations. The Unit acts as a central clearing house of drug intelligence information. The D.I.U. and its services are administered, by a Director acting under the authority of an Advisory Board established within the counties of Region E. The D.I.U. was initially funded by grant monies obtained from the Crime Control Planning Board within their three year funding program, at the end of which time, the Unit had to seek other sources of revenue.. At this time, I would like to ask your assistance in maintaining this Unit with a contribution. We will need the financial assistance of each city within the eighteen counties of Region E as well as from each county itself. Each city council shall determine the amount of financial assistance they can provide, however, $200.00 from each city would maintain this program another year. You may recall that this is the same amount as we requested last year. If you would like additional information, or would like your convenience, please call my office. We thank you continued support of the D.I.U. with your contribution, our office at the above address. Thank you for your consideration of this matter. Chet Wiener D.I.U. Director a presentation made, at in advance for your which can be sent to DATE October 14, 1982 POLICE DEPARTMENT MEMORANDUM TO: Gary Plotz and City Council FROM: Chief Dean M. O'Borsky SUBJECT: Region E Drug Investigation Unit We have found the D.I.U. to be a valuable resource tool in narcotics investigations. We have utilized equipment of theirs in the past year, which has assisted us in narcotics investigations. The equipment they have is beyond our reach because of the cost involved and therefore is of great value to us to have it available from the D.I.U. We have also had communications with the Director of the D.I.U. and have gained his assistance on occasions. would recommend and encourage the Council to continue the financial assistance of our city with this program. The $200.00 that they are requesting is a small amount compared to the benefits that are available to us, .Y DMO:nb 9 , - � - -,2. ® H R Hutchinson Downtown Retail Association Hutchinson, Minnesota 55350 612- 879 -6025 hovem��en °'r� /492 i z%: enii or ;e rah O(LzCz /_. 3 - i& v` N OV 1982 ftECEivED er ea %e i' L ctcl won �ozn o n ?era ti,v oc %��io.zt -Im au6m %12 ny ¢ Pepeiif do Lve ti ^e 'Iofjf! ctneef e�ecor�fio.v tlrrned on et �:?0 P.m. 3,ze etjt 4ove4ez 26. .S<ncere.La youc"' ,S L enn %ices_ cdettf�J 0 Nominations Sought For Annual NAHRO Awards Minnesota NAHRO is actively seeking nominations for the Fourth Annual Allan Anderson Award of Merit and the Second Annual Minnesota NAHRO Housing and Com- munity Development Achievement Award. Unlike previous years, the 1983 winners will be selected from the written nominations of the general NAHRO membership. The winners will be announced at the NAHRO mid - winter con- ference, December 8 -10, 1982, in St. Paul. The Allan Anderson Award of Merit is designed to recog- nize individuals for excellence and leadership in the field of housing and /or redevelopment. Nominees must be members of Minnesota NAHRO. The Minnesota NAHRO Housing and Community Development Achievement Award is in- tended to recognize individuals who are not Chapter mem- bers, yet have signficantly contributed to the success of Minnesota NAHRO and its programs. Alice Nettel and Phil Cohen were the 1982 award winners. Nominations, including a personal and professional re- sume, must be sent to Michael C. Schmit, Executive Direc- tor, Housing and Redevelopment Authority, 333 S.W. Sixth Street, Willmar, Minnesota 56201, NO LATER THAN NOVEMBER 12, 1982. Mark Your Calendar! 1982 Annual Planning Institute This year's Planning Institute for Planning Commisioners and Elected Officials features a new one -day format at five locations! The change was made to make the program more accessible to different parts of the state and smaller com- munities. Mark your calendar now to attend the program in your area: November 30 Twin Cities December 2 Owatonna December 7 Detroit Lakes December 9 Willmar December l I Chisholm Sponsored by the Government Training Service, the Insti- tute will be offered in conjunction with the Minnesota Plan- ning Association Land Use Workshops. Highlights of the Institute are summarized below: The Institute begins at 9:00 a.m. at each location and adjourns at 4:30 p.m. Program highlights follow: 9:00 a.m. Introduction to Planning 9:55 ,: Break 10:10 _Refreshment Basic Planning Tools —Part I: Zoning, -. Variances, Conditional Use Permits plus "Zoning Case Studies ": Hypothetical Problem- Solving ,# 12:00 noon Lunch and Speaker, 1:30 p.m. _ Basic Plahhing Tools —Part II: Subdivision Regulation 7:30' '' '. Evaluating a Subdivision Proposal ": Simulation 3.45 The Role of the Planning Commissioner, the Elected Official and the Board of Adjust- ment/Appeals in the Planning Process includes survival tips And political considetations 4:30 Adjourn Appointed and lected officials will find the Planning Institute "tailor -made" for the lay person with planning responsibilities. The one -day program is designed for those new to land use planning responsibilities or interested in a review of fundamentals. Informational presentations will be combined with workshops and simulations to enable partic- ipants to apply the information in specific situation. A core faculty of experts has been recruited to participate through- out the program. For complete program agenda or registration informa- tion, contact Barb Peterson, Government Training Service 202 Minnesota Building, 46 East Fourth Street, St. Paul, Minnesota 55101, (612) 222 -7409 or Toll free (800) 652 -9719. X State Looks To Review Local Government Mandates Many local public officials are more or less familiar with some, though probably not all of the state mandates to local government. Mandates are those requirements of specific actions imposed upon local governments by the state either br legislation or other means. Some mandates have funding sources included, but many do not. Funding sources tend to be state grants, special assessments, user fees, moneys from the state general fund and other sources including federal funds. In these times, when funding anything is difficult, state officials are re-evaluating the state mandate system. Part of the re -evaluation is a result of the fact that state fiscal support has not always kept pace with mandate require- ments. The other part is related to two studies by the League of Minnesota Cities and the State Planning Agency that were designed to provide an indication of how city officials perceive mandates and to illustrate the fiscal impact of a few mandates on a small sample of cities. Re -evaluation of the number and financial responsibility imposed on local governments by state mandates led Governor Quie to issue Executive Order 82 -8. This Order establishes a task force to analyze the number of state man- dates on local governments. The task force has been divided up into four committees focusing on local government man- dates, and education mandates. The goals for the commit- tees are to identify mandates that can be eliminated or changed in order to be more effective, and to set up a process whereby future mandates will be kept to a minimum. Man- dates recommended for elimination, as well as those recom- mended for change, will be devided into two groups: one group for action by the Governor and one group for which action is recommended by 1983 Legislature. A process for keeping future mandates to a minimum will also be developed on mandate reimbursement programs. This will be done so that reimbursement programs are not viewed so much as aid programs to local government but as protective devices against future state mandating. The ulti- mate goal of the re- evaluation and streamlining of current state mandates is to improve local officials' flexibility and responsiveness to local concerns and issues by allieviating the current constraints of having state mandates determine local taxing and spending decisions. State Small Cities from page 1. I.Benefit low -and moderate- income persons. 2-Prevent or eliminate slums and blight. 3.Alleviate urgent community development needs caused by existing conditions which pose a serious and imme- diate threat to the health or welfare of the community where other financial resources are not available to meet those needs. • Eligible Applicants Units of government eligible for funding under the Small Cities CDBG program are listed in federal regula- tions and the State Small Cities rules. Any unit of general purpose local government is eligible to apply, including cities, counties, and townships located in nonentitlement areas or not included in an urban county program. In addition, an applicant may apply on behalf of other eligi- ble applicants for Small Cities grants to address common problems and to facilitate the implementation of a pro- ject. Eligible applicants may apply for only one grant per year and may be included in only one application per Near. Under certain conditions, otherwise eligible appli- cants may be disqualified for applying for a State Small Cities grant where: - outstanding audit findings exist on previous HUD grants and where the grantee has not attempted to rectify the finding, or - previously approved Small Cities projects have not been completed in a timely manner or according to an agreed upon schedule and the grantee's ability under- take a new grant is in question. *Types of Grants Two types of Small Cities grants will be available under the State Small Cities program: Comprehensive grants and single purpose grants. Comprehensive grants are designed to meet 2 or more community development needs in a defined geographic area and may be approved for funding over a one, two or three year period. Single pur- pose grants are designed to meet a specific community development need and will be funded for a one year period. Comprehensive applications are distinguished from single purpose applications in that: - comprehensive programs must address two or more community develpment needs; - comprehensive programs must be targeted to a defined geographic area; - comprehensive programs must be implemented in a coordinated manner. Single purpose applications, on the other hand, are designed toaddress a single community development need either in an area of housing, public facilities, or economic development. Housing applications include one or more activities designed to increase the supply of quality of dwellings for families or individuals. Examples of activities that may be included in a housing application may include: - acquisition of real property; - relocation acitvities; - residential rehabilitation activities; - energy conservation activities; -code enforcement activities. Public facilities applications include one or more activities designed to acquire, construct, reconstruct, or install buildings or infrastructure which serve a neighborhood or community. Applications for public facilities grants must be designed to meet a community development need hav- ing particular urgency because existing conditions pose a serious or imminent threat to health or safety, other finan- cial resources are not as ailable for the project and a com- munity cannot afford to finance public facilities projects on its own. Examples of activities that may be undertaken with a public facilities gram may include: -Water and sewer facilities; - Street improvements; �d - Flood and- drainage facilities. - - - -- Examples of public facilities activities which cannot be undertaken with Small Cities funds include: - buildings and facilities for the general conduct of government including courthouses, or city halls; - stadiums, sports arenas, auditoriums, concert halls, j arts centers or similar facilities which are used by the / general public primarily as spectators or observers; - schools, colleges or university facilities; - airports, subways, bus or transit terminal station -� conomtc�eveTopmen app tcahons me u e one or more activities designed to create new employment, maintain existing employment, or otherwise increase economic activity in a community or improving that community's economic situation. Important dates for the FY83 State Small Cities program: October 29 Application manual available from the Office of Local Government. November 1 -17 Workshops on the State Small Cities CDBG program. February I, 1983 Applications due for FY 83 grants. *Application Rating Criteria Applications for the State Small Cities program will be ranked and rated by the Department of Energy, Planning and Development / Office of Local Government. Advice and recommendations may be requested and considered by the Office from outside experts from other state agen- cies during the application ranking process. The ranking process will consist of two steps: I) All applications will undergo a rating process based on comunity need. 2) Applications will be sorted by category and will undergo a rating process based on project need, impact and cost of effectiveness. The funding plan for the State Small Cities program stipulates that 55% of the FY 83 funds will be earmarked for comprehensive programs and 45% of the funds for single purpose programs. Of the single purpose funds, 20% will be reserved for housing, 20% reserved for public facili- ties, and 20% for economic development projects. The remaining single purpose funds will be allocated according to the highest ranking applications in each single purpose category. The maximum number of points which any application can receive in the State Small Cities program is 300 points. 90 points (30% of the total) will be awarded in a competition phase and the remaining 210 points (70%c of the total) will be awarded based on category competition. General Competition 90 pts. (30%) Category Competition 210 pts. (70%) TOTAL POSSIBLE POINTS 300 pts. (100%c) State Small Cities continued on page 4. E New Tools Available For Planning in the Urban Fringe A significant change in local planning enabling legislation was made this past session by the state legislature. In general the change provides townships, counties and cities with a new way to plan and regulate land use in the area adjacent to, but outside the municipal limits. The change in legislation was brought about, to part, by recommendations contained in the &011 1h d4anagen7em Srudt, prepared by the State Planning Agency and completed in March 1981. the study found that annexation, scattered residential and commercial development in unincorporated areas and loss of agricultural land were among the biggest land use problems facing local officials. In interviews, some local officials expressed frustration over dealing with these land use issues with adjacent units of government. While the basic tools such as zoning, subdivision regulations and comprehensive planning were available to address these problems, the factthatthree levels of government have some authority in the fringe area resulted in confusing and inconsistent controls. For example, the law allows a municipality to extend its subdivision regulations two miles beyond its boundaries even if the county has subdivision controls. The only time a city is prevented from extending its subdivision authority into the two -mile area is when anadjacent town hasadopted subdivision controls. However, a city may not extend its zoning authority into this two mile area if either the county or the township has adopted zoning controls. State Small Cities from page 3. General Competition The 90 points available in general competition for all consists of the following criteria: a)Community Need 60 pts. Number of poverty persons (10 pts.) Percentage of poverty persons (20 pts.) Per capita assessed valuation (30 pts.) b)Other Factors (30 pts.) Compatibiltiy with approved regional or community plans (10 pts.) Adequacy of management and financial plans (20 pts.) \J The amendment to the municipal planning enabling legis- lation (MS 462.3585) is intended to help solve some of these problems. Essentially the amendment allows for the creation of a joint planning board made up of members from the township, county and city. The purpose of the board is two -fold: first, it is intended to encourage local governments to ssork together deciding what they want the area within two miles of the city to look like in the future: and second, to encourage cooperation among local governments in deter- mining what controls will be necessary to implement their plans. Creation of the joint planning board can be initiated by am one of the three governmental units by passing a resolution and presenting it to the county auditor. Each gosernmental unit will be notified of the desire to create the planning board and will be responsible for appointing the appropriate number of members. Unless otherwise decided by the governmental units involved. the city will provide staff for the preparation and administration of the plans and controls. The new amendment gives thejoint planning board all the authority that municipalities now have under the Municipal Planning Act. Consequently ans plans and con- trols prepared by thejoint planning board takes precedence over existing or future plans prepared individualk b} either the county, township or city. For more information or for a copy of the legislation, please contact Steve Reckers, Community Services Section, Office of Local Government, Department of Energy, Planning and Development, Room 100 Hanoter Building, 480 Cedar Street, St. Paul, Minnesota 55101, (612)296 ?884. Category Competition Following the general competition, applications will be compared and rated against each other within a grant category. Comprehensive applications will compete only against other comprehensive applications, housing appli- cations will compete only against other housing applica- tions, etc. A maximum of 210 points is available in the category competition based on the following criteria: a) project need 90 points b) project impact 90 points c) project cost - effectiveness 30 points The specific criteria for evaluating need, impact and cost effectiveness are different depending on the grant category. A complete explanation of these criteria will be included in the Small Cities Application Manual. ------ -- ---- - - - - -- ---- --- . ....... ..... ...--- _ --- ....... ..... - Pre- Registration Form STATE SMALL CITIES WORKSHOPS Name Gary D Plotz Title City Administrator Affiliation City of Hutchinson Phone(612 ) 587 -5151 Address 37 Washington Avenue West City Hutchinson State Please register me for the Small Cities ❑ Monday, November 1 - Wadena • Wednesday, November 3 - Bemidji • Friday, November 5 - Hibbing Workshop on Zip Code 55350 ❑ Monday, November 8 - St. Cloud XWednesday, November 10 - Mankato ❑ Friday, November 12 - Marshall ❑ Wednesday, November 17 - Winona M Please make a luncheon reservation for me. (To be paid for at workshop) Complete and return this form to: Office of Local Government, 100 Hanover Building, 480 Cedar Street, St. Paul, MN 55101 Attn: CDBG WORKSHOPS ...... - -- -- --- -- - - -- - -- - --- -- --- - -- --- -- .. .... ------- -- .. (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 November 4, 1982 M E M O R A N D U M TO: MAYOR AND CITY COUNICL FROM: TRANSIT COORDINATOR HAZEL SITZ 5" RE: FALL TRANSIT CONFERENCE I request authorization to attend the Minnesota Public Transit Association Conference in Rochester on November 16, 17 and 18. Conference registration is $35. There are funds remaining in the 1982 transit operating budget for this expenditure. Agenda attached. TUESDAY, NOVEMBER 16TH -- WEDNESDAY, NOVEMBER IITN (continued) 11:30 - 1:30 REGISTRATION 11.00 - If:30 "HOW TO I(Ak"EM GO FURTHER" 1:30 WELCOME PREVENTATIVE MAINTENANCE FOR -Chuck Hn.ama, Mapa- RocheateA SMALL SYSTULS -Tony Knai.rt. RochesteA PmeC 11t4c" - - Judith &fmn, MPTAaik Hoissct - laintcnance 1:45 - 1:45 RICHARD GRATIN, COMISSIONER, MnDOT Coetdinatct - D.A.R.T.S, 9143 - 3:15 BREAK - S(IMOAPS -Lee Pcvutt - Van Go Custrm late tiv u 3:15 - 6:00 TRANSIT SMTL1CMT -Hato Fraarn - Attrul'cad -Tt .Ail . -Tony KunvrA, Rrncnten 11:30 - 1:00 LIINC¢Ecw -Dean ILIs,, t, Red fling Speakev TO Bc Announced -Jim pow""" Winona ' -Pete Stafia, Notthiietd Motieatien 6 Eaptogec Rrdatwrna -Loner It, -it, Alankato 1:00 - 3:30 'REEVING THE PAPERWORK FLCBINF" -Paul Sira:-s, Atbelt Lea - -Steve Ci isn t, Fmtibautt TRANSIT SOFTWARE - BA.ian Cie-, Faitmont -Tet:n Haukbeen - ITC 7:30 - 9:00 INFORMAL VISCIMION -Jamri Maw - AECA - - DetvAtme'l aF TAanbpontatlan -Jim Hetatic - IITA - Regioonl Alertirgs - 3:30 - ::45 SRCAK Tnanait 'saves 3:6 - 3:00 DE- REC-ULATICR OF INTERSTATE WEDNESDAY, NOVEMBER 17TH -- - lmpcct on 7 omit 7,50 - 9:30 MPTA &SLUESS MEETING - 5:15 - 6:30 CASH BAR (Bteakjait Can be andened) 6:36 - 6:30 BANQUET - Speaket to be Anneuncc 9 :30 - 11,00 ACCIDENT PRTVENTION 6 THURSDAY. NOVEMBER IdfH -- INVESTIGATION PANEL MEAIGERS 1:30 - 9:00 COFFEE /ROLLS -Feed Ftecck, St Claud TAa.in.bV CenteA 9:00 - 10:00 INCREASING LOCAL SUPPORT -Inv Gage, 11,00T Pubtic Satiety Membeu - -He1b Mccat - Roam of Mankato -To F Announced - City Cruneit -To Bc Announced - County Ctm 63Ernct 10:00 - 11:00 - STRATEGIES WITH A NEW LEGISLATLI -Peggy 799u0n, Stall Senate ' Finance -Dick P(utetaneutat - Sta66 11:00 - 11:00 WHERE WE HAVE BEEN AND WHERE UE ARE GOING -At SchenktebtA9, Dinteton of TAa it 11:00 ADJOURN 9 9 (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: November 2nd, 1982 TO: Mayor and City Council FROM: Building Official RE: October 1982 Building Report Attached is the October 1982 Report of Building Permits Issued and Local Public Construction. There were 3 Sign Permits, 5 Mobile Home Installation Permits, 6 Plumbing Permits, 2 Moving Permits, 2 Wrecking Permits and 29 Building Permits Issued, for a total of 47 Permits Issued during the month with a construction evaluation of $337,531.00. fVISTI N Attachment Respectfully, CITY OF HUTCHINSON Homer Pittman Building Official a. A& l y ri nt L L n O.M.B. No. 0607 -0094: Approval Expires June 1984 rOav C -404 Period in which NW 1.7 -6 -81� permits issued orTrigirg 1292 PLEASE MAIL ON OR BEFORE THE 4TH DAY OF THE MONTH U.S. DEPARTMENT c ace BJF E<J OF THE E CENSUNSUS S (Please correct any errors in name or address) REPORT OF BUILDING OR ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 6103500 41 9 9999 085 8 81 26 0 2730 CENSUS USE ONLY HOMER PITTAAN BLDG OFF CITY HALL 37 WASHINGTON AVE WEST HUTCHINSON $1N 55350 Has the geographic coverage of this permit system changed during this period? E No [� Yes — Exploin in comments If no permits were issued during this Bureau of the Census I MAIL THIS Pleose read the instructions before period, enter (X) in box and return form ❑ 1201 East Tenth Street COPY T Jeffersonville, Ind. 47132 completing form. For further help, call collect (301) 763 -7244. Section I — NEW RESIDENTIAL HOUSE- PRIVATELY OWNED PUBLICLY OWNED Number Valuation of Number Valuation of KEEPING BUILDINGS AND Item MOBILE HOMES No. construction (Omit cents) construction (omit cents) uildin 5 g Housin Buildings Housing 5 la) (b) urlitsg lcl (d) (e) I A (g) One- family houses, detached 101 2 2 77,685. One- family houses attached, each unit separated from adjoining unit(s) by a wal I that extends from ground to roof 102 Two - family buildings 103 1 2 85,000. Three- and four - family buildings 104 Five -or -more family buildings 105 TOTAL (Sum of 101 -105) 109 3 4 162,685. Mobile homes 112 5 5 Section 11 — NEW RESIDENTIAL NON- PRIVATELY OWNED PUBLICLY OWNED Number Valuation of Number Valuation of HOUSEKEEPING ite Bungs Rooms Buildings Rooms BUILDINGS oM . construction (Omit cents) construction (Omit cents) (a) (b) (c) (d) (e) (f) (g) Hotels, motels, and tourist cabins intended for transient accommodations 213 Other nonhousekeeping shelter 214 Section III — NEW NONRESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED Number Valuation of Number Valuation of BUILDINGS Item No. construction (Omit cents) construction (Omit cents) Buildings Housing units But Dosing units (a) (b) (c) (d) (e) (f) (g) Amusement and recreational buildings 318 1 40.000. Churches and other religious buildings 319 Industrial buildings 320 - Parking garages (open to general public) 321 Service stations and repair garages 322 Hospitals and other institutional buildin s 323 Office, bank, and professional buildings 324 Public works and wilities buildings 325 Schools and other educational buildings 326 Stores and other mercantile buildings 327 1 69,000. Other nonresidential buildings 328 2 1,310. Structures other than buildings 329 1 1,400. Section IV — ADDITIONS AND ALTERATIONS I c c An increase in the number of housing m units (in the housing units column, enter only the number of additional .z m units) 433 =o m Y No change in the number of m� housing units 434 15 31,219. A decrease in the number of housing m units (in the housing units column, w ?: enter only the number of decreased ac units) 9435 Residential garages and carports (attached and detached) 436 3 22,087. All other buildings and structures 437 4 9,830. PLEASE CONTINUE ON REVERSE SIDE ­4111- - ,Section V - CONVERSIONS PRIVATELY OWNE PUBLICLY OWNED Number Valuation of Number Valuation of Item Buildings Housin Buildings Housing No. construction (Omit cenrsJ construction (Omit cents) unitsg units (a) Ib) (c) (d) (e) (f1 (g) Nonresidential and nonhousekeeping buildings to housekeeping buildings 540 Housekeeping buildings to nonresidential and nonhousekeeping buildings 541 - Section VI — DEMOLITIONS AND RAZING OF BUILDINGS One- family buildings attached and detached 645 Two - family buildings 646 Three- and four - family buildings 647 Five -or -more family buildings 648 All other buildings and structures 649 2 Section VII --ADDITIONAL INFORMATION FOR INDIVIDUAL PERMITS OF $500,000 OR MORE Please provide in the space below, additional information for each individual permit valued at $500,000 or more entered in sections I through V. Item No. - Ownership Valuation of Number of Number from Description Name and address of Mark (X) construction housing of Sec owner or builder one (Omit cents) units buildings I —V (a) (b) (c) (d) (e) (f) (g) Kind of building _______________________ ❑i Private Site address -- ❑ Public E Kind of building ❑Private ______________ Site address _ _________ ❑Public Kind of building ❑ Private --- ----- -- - --- Site address __ ______ ❑Public Kind of building ❑ Private ____________________ Site address ___________________ _ _ __ ❑Public Kind of building ______ _________ _ ❑Private _________________ Site address ______ ____________ _____ ❑Public Kind of building ❑Private ____________________ Site address _________________ ____ __ E] Public Kind of building ❑Private ----- - - - - -- Site address _______________________ ❑ Public Kind of building -- ------- -- --__ -- ❑Private ---ddr---- ------ -- - --- Site aess _______________________ ❑ Public Kind of building ------ -_-- --- - - -_ -- ❑Private ------------------- Siteaddre is _____________________ __ ❑Public comments 329: $1400 - Fence Name of person to contact regarding this report Telephone Area code 612 Number 587 -5151 Extension 210 Homer Pittman Title Building Official FORM C"04 174 -e1 r "BURNS MANOR MUNICIPAL NbcRSING A MINUTES - SEPTEMBER 1982 The Board of Directors for Burns r7anor Municipal Nursing Home met Thursday, September 23, 1982 at Burns rlmior, 12:00 noon, President Leslie Linder presiding. All members were present, except Keith Duehn. A motion was made by Esther Kuehl and seconded by Eldred Miller to accept the minutes as read. Motion carried. A motion was made by Eldred Miller and seconded by Larry Graf to pay the bills as presented, a copy of which is attached to the minutes on file and made a part thereof. Motion carried. David Jensen, Financial Advisor gave the financial report, also reported on earnings, expenses and investment funds. Recommendations of Quality Assurance & Review Team, Minnesota Depart. of Health, were discussed. Activities reflect the need for assessment and implementation of structured one to one and reality orientation programs. $12,000.00 was requested from the City Council to implement a Community - based project for health and human service needs for'the elderly. Remodeling of an area in Arts and Crafts to be used as a kitchen will not be done at this time. . The only bid for the corridor doors was received from Miller, Miller Mac. The bid was over $5,000.00 and was sent to the City of Hutchinson for Council approval. Preliminary sketches for the possible expansion and remodeling o. Burns Manor were presented. Discussion followed. September 8th & 9th the Minn. Depart. of Health, Licensing & Certification Services inspected Burns Manor. No violations were noted. Motion by Mike Carls and seconded by Gloria Dansereau to provide infli:enza immunizations for employees free of charge. Motion carried. A motion was made by Gloria Dansereau and seconded by Esther Kuehl to -Ja;- the band $100.00 for Burns Manor Open House, Oct. 17, 1982. There being no further business, a motion was made by Larry Graf and seconded by Eldred Miller, meeting adjourned. :lotion carried. The Burns Manor Board of Directors will meet Thursday, Oct. 21, 2.982 at :.oca. Respe fully. Submitted* Ma J. Ge , Secretary ATTEST: (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON. MINN. 55350 M E M 0 DATE: November 1st, 1982 TO: Mayor and City Council FROM: Director of Engineering RE: 1983 Improvement Projects This is to remind you that the final project selection for the 1983 improvement projects will have to be completed on November 9th if we are to be able to hold Public Hearings on December 14th. We should review the 1983 street maintenance construction program and determine a policy on same. I assume this will depend upon the type of street construction that is approved. Respectfully, CITY OF HUTCHINSON �y1�.ow1l• Q�° Marlow V. Priebe Director of Engineering I"mus" v -do The reason this the council denied m, council meeting. To Agenda Item{ however which was especially before the election. item is on the agenda tonight is because the right to speak at the October 12,1982 refresh your memories - -this was an I will now present the information important to the community and council The previous council always said that we had $200,000 in Revenue sharing money readily available, and possibly $200,000 more in the future, for a recreation facility. (Note: According to the Lund Study the Old Armory was to be used as a recreation facility. Couldn't these funds also have been used in the Old A.rmory'?) This was repeatedly emphasized by • ex -Mayor Westlund and Mike Carls. If my memory serves me right, Mike Carts suggested using this Revenue Sharing money because there would be no mill rate increase, which in my estimation, meant no resulting bond issue. My proposal was to apply $150,000 of our Revenue Sharing money towards updating the old armory - -thus reducing the $231,500 bond issue question to $81,500. I was just trying to preserve downtwon Hutchinson, because its been noted that 12,000 - 14,000 people use the old armory annually. THis council recently authorized a $3,000 expenditure to investigate structural failures in our relatively new civic arena. It would appear that some of the newer type buildings are not constructed as well as the old, because of • today's higher construction costs-Will these newer type buildings be able to stand � Rxtx the test of time? E • It appears this council didn't want the public to know that the amount of the bond issue could have been $81,500. I believe this would have hide the election results tatally different. I hope no one else in Hutchinson is denied the right to speak when he is on the agenda, as I was at the October 12th city council meeting. • 40 (612) 587 -5151 CITY OF 14UTCI- IIIVSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 J �) M E M O DATE: October 18, 1982 TO: Mayor & City Council and City Attorney FOR YOUR INFORMATION FROM: Director of Engineering RE: Building Official Now that the question of why the Old Armory has to meet the handicap code is settled for the benefit of a few, a new question has arisen. What about City Hall meeting the handicap code? Isn't it strange that the very same two people who wanted the handicap code taken out of the remodeling of the Old Armory, now claim to be the champions for the handicap code and want to see City Hall remodeled and brought up to meet handicap code. Just a few points on this. There is accessibility for handicap to the building and Section 1.15502 Building Accessibility, Subsection D, there are only two exceptions to the rule at this time. As for remodeling of the bath rooms to meet code, it would be alright with me to wait until after election to see what happens to the armory.. Homer Pittman Building Official HP /pv ff,e�z y Department of Administration 2 NCAR § 1.15502 B. Site approaches. Access to building entrances shall be by walks. Such walks shall be of rencrete asphaltic pavin or similar permanent materials with slip - resistant surface, and shall be not less than 48 inches wide with a slope not to exceed one vertical to 20 horizontal. C. Building entrances. At least one required exit of the building shall be accessible for use as ingress for the handicapped, and shall be identified for such use. Such building entrance shall be at the main lobby or corridor, or shall be accessible thereto by ramp or elevator. _ - D. Access to other stories. Access for the handicapped to other stories or levels of the building used by the general public and /or employees shall be by elevator or ramp, except the following: - 1. Croup R -1 Occupancies not exceeding three stories in height. _ Such ramp shall have a slip - resistant surface. It shall have a slope not to ex- ceed one foot vertical to 12 feet horizontal and a landing at top and bottom, and where the rise exceeds three feet vertically it shall have an intermediate - landing are not to exceed two e s "1siix inches vertically. Bottom landing r shall have a minimum dimension o ee measure to the direction of the ramp, and lop and intermediate landings shall have a minimum dimension of five feet measured in the direction of the ramp. Handrails and guardrails shall be provided as required for stain. E. Automobile parking areas. Where automobile parking spaces are pro- vided at least one space per 50 spaces or fraction thereof, shall be provided for the use of the handicapped, and shall be identified for such use. Such parking spaces shall be not less than 12 feet in width, and located as new as - practicable to the building entrance specified in 2 MCAR § 1.15502(c). F. Doors and doorways. Doors and doorways serving buildings or portions thereof regulated by this chapter shall comply with the following: 1. Doorways or doom in an open position shall have a clear opening width of not less than 31 inches. 2. Doors shall be operable by a single effort with one hand. 3. In doorways consisting of two door leafs, at least one door leaf shall comply with the provisions of this section. See UBC § 3303(d) for minimum exit door width. 4. Where access regulated by this chapter is through two or more sets of doors, as in a foyer, vestibule, or lobby, the space separating the doorways shall be not less than seven feet. 57 CORPORATE OFFICES 0 714 SOUTH HILLSI0 WICHITA, KANSAS 67211 0 316'685 -1446 ,`234568 p� 19 8 D N j`,XV $mn cFunceeme cjm. N y November 1, 1982 The Honorable James G. DeMeyer City Hall 37 Washington Avenue W. Hutchinson, Minnesota 55350 RE: LeMans Family Fun Center Dear Mayor DeMeyer: In the past, the coin operated amusement business sometimes carried a tarnished and poor public image. Therefore, since we are soon to open a LoeMans Family Fun Center in your conuunity, I want to personally let you know of our own policies and operational concepts. First, we are a very family oriented business. We discourage through strong on -site management and supervision, any loitering, rowdiness and absolutely any hint of any illegal or illicit activities. In fact, our managers, their staff and on -site support team maintain very strict store discipline and are corrmitted to providing your city their full cooperation. Secondly, we permit no smoking, beverages or food within any of our family fun centers, nor will we permit any image to be created that in any way would detract from our positive contribution to the business and cultural atmosphere within Hutchinson. Mayor DeMeyer, obviously we will appreciate your cooperation, and you may be assured that you will receive our fullest cooperation in return, as we are coaudtted to the elimination of any problems and only eager to evidence a positive inter- cainunity relationship. We look forward to being welcomed to your comiunity and having the oppor- tunity of calling upon you for our opening festivities. Yours very truly, RALLY'S LE MANS N.! Lee Aronfeld 'President NLA:jnw Attached is our Investigator's report, with which I concur. Dean Vlell DATE October 29, 1982 POLICE DEPARTMENT MEMORANDUM TO Chief Dean M. O'Borsky FROM Investigator Dick Waage SUBJECT License Investigation on LeMans Family Fun Centers, Inc. On October 29, 1982 1 contacted Sharyn Beck, Administrator Coordinator for the LeMans Family Fun Center, Inc., at their corporate office in Witchita, Kansas. She informed me that they currently had 42 Family Entertainment Centers located in the west and midwest regions of the United States. A large majority of them are located in Kansas and the one they are planning to locate in Hutchinson would be the first one in Minnesota. She informed me that Robert Johnson of 2313 Lowell Ave., Lawrence, Kansas would be manager of the LeMans Fun Center to be located in Hutchinson. She also informed me that Robert Johnson was currently manager of the LeMans Fun Center in Lawrence, Kansas. Of the 42 Fun Centers she informed me of, I decided to make three random checks of the Fun Centers through the local police department of the city they are located in. My first inquiry was with the Lawrence, Kansas Police Department. I spoke to two sergeants; one being a sergeant Velquest and the second one being Sergeant Lovland. They described the Fun Center to be a real clean. operation and in their opinion one of the better ones. No loitering is allowed by the management. It consisted of about 40 machines and it was run like a serious business. I was also informed that the Fun Center hires policemen in that location to provide additional security on busy nights and that absolutely no nonsense is tolerated. Sergeant Lovland also informed me that as an off duty officer he had been hired there on a number of occasions and personally knew the manager, Robert Johnson, the same Robert Johnson that was due to manage the Fun Center in Hutchinson. He described him as being very business like and being very cooperative with the police. I then contacted Officer French of the Manhatten, Kansas Police Department, and Sergeant Spencer of the Cheyenne, Wyoming Police Department each of which have a LeMans Fun Center in their city. These officers spoke very highly of the operation of the LeMans Fun Center and the comments were very much the same as the first inter- view. It is the feeling of this investigator there is no reason to deny a license in Hutchinson to a LeMans Fun Center, that they have been helpful in their investigation, appears to be a corporation that is business orientated, with professionally trained management. • JAKE G. PLOWMAN President and General Manager , n 0 pl//// owman 37 Jnc. 'THE HOME OF SUDDEN SERVICE' HUTQkJNSON, MINN SOTA 55350 ., Area 612 Phone 58_7 -4748 /I 10/?5/82 -1 r�C� �1 Oil' Gaity Plotz L )' Citr Ad-n. Citv of '11t.chipson Hutcliingnn, T -.:inn SrizFD Srnblect: Towing Contract with P1own —Is of City, Deer Gp--r• PlYrrr0uth J. SCOTT PLOWMAN Vice - President 'Special Assignments- As of this dpte, •re hPvn't received the paners nertaining, the OnT1982 RECEIVED ED towing contract i -ith us(Plown -nn's Inc.) and the City of Hutchinson. Would you oleaPe look into this, and h?ve the pessary n?ners sent i to us for signing. hank You erly, rJ. Scott Plowman V -Pres. ._� 66 � ,edQ q-a, _I__ 0 0 RESOLUTION N0. 7288 Resolved that the City of Hutchinson, Minnesota enter into (recipient) Contract # (60278) with the State of Minnesota, Department of Transportation, to provide a public transportation service in Hutchinson, _Minnesota (service area) Further resolved that the City of Hutchinson agrees to (recipient) provide 33 1/3 percent of the total deficit of the transit project from local funds. Further resolved that authorization to execute the aforementioned Contract and any amendments thereto is hereby given to the City Administrator (title and the Mayor (title) Further resolved that the nce Director (title) City Administrator (title) or the is hereby authorized to execute request for reimbursement from the Minnesota Department of Transportation CERTIFICATION I hereby certify that the aforegoing resolution is a true and correct copy of the resolution presented to and adopted by the Hutchinson City Council on the day of meeting in my possession. at a duly authorized meeting thereof held 19 82 as shown by the minutes of said City Administrator (title) —11— 9,_g M E M O R A N D U M DATE: November 4, 1982 --------- - - - - -- TO: Mayor and Cit------------------------------ Council FROM: Kenneth B. Merrill Cites Accountant- - - - - - - - - SUBJECT: Service and Maintenance Contracts --------------------------- - - - - -- We have several contracts for renewal which should be reviewed by the Council. It is felt by the departments concerned that they should be renewed. MN Cash Register Co. Maintenance on DTS Cash Register $1,005.20 at Liquor Store (No Increase) Annual Cost Electro Watchman Alarms at Liquor Store $93.00 /Qtr. ($9 /Qtr. Increase) Alarms at Water /Sewer Dept. $198.00 /Qtr. ($18 /Qtr. Increase) Power Process Service on Sewage Meter $316.50 /Qtr. ($65 /Qtr. Increase) Attachments /ms Minnesota Cash Register Co. 1105 5614 W. 36th Street Minneapolis, Mn. 55416 06 -01 -82 612- 920.8191 S S O H L . I . 0 CITY OF HUTCHINSON P CITY OF HUTCHINSON T 37 Washington Av. W. T 117 North Main St. 0 Hutchinson, MN 55350 0 Hutchinson, MN 55350 SHIP VIA CUSTOMER ORDER NO. OUR ORDER NO SALESMAN TERMS DATE SHIPPED F O 5 - jDATE C RENEWAL OF MAINTENANCE SERVICE CONTRACT FOR THE PERIOD OF 10 -08 -82 to 10 -08 -83 on the following registers and equipment. 2 DTS 550 S/N 110966 -10486 $264.0 $528 00 2 1/21K CMOS 31.30 63 20 2 12K DYN. 140.)O 280 00 2 Pole displays 22. DO 44 00 1 Ans -R -Trap 90.00 90 00 $1005 20 1, KI Redilypeo 7X728 INVOICE r] L 0 POWER PROCESS EQUIPMENT. INCORPORATED :' 7630 Commerce Way, Eden Prairie MN 55344 (612) 937 -1000 Quotation 10 September 1982 0982377 City of Hutchinson Hutchinson, MN 55350 Attention: Finley Mix Subject: Extension of Service Contract Finley, We propose to furnish a service engineer for six days (including travel time) over a two year period as follows: 1 day each November 1 day each May 1 day emergency call The instruments to be maintained are as follows: 5 - Air Flow Indicators. 1 - 854 Valve Positioner. 1 - Ratio Set. 1 - Robertshaw 2 -pen Recorder. 1 - Robertshaw Totalizer, Model 521. 2 - Sewage Flow Transmitters, Type 253. The work to be done includes testing, calibration, and repairs as required to maintain the equipment in optimum operating condition. This does not include parts. TOTAL PRICE OF CONTRACT ---------------- ------ Contract is payable quarterly at the rate of $316.50. Prices herein are firm for 30 days from date of quotation and do not include any taxes. Price includes one set of installation 8 maintenance manuals. Additional manuals are available at extra cost. $2,532.00 Please Address Order To F.O.B. Factory L SHIPMENT Georg W. Sayer ^m TERMS: Net 30 Days POWER PROCESS EQUIPMENT, INC. I ' z LA� 67 U1111V,4A9 (TJAVENUE 7"712)�227,840�!AST P7�'UL..y�V1�Nf�f�55�03k' ;. BURGLAR ALARM SYSTEMS FIRE ALARM SYSTEM G. L. ANDERSON M. E. BERTRAM B. L. BOWES PROTECTIVE ALARM SERVICE AGREEMENT This Agreement is made this 1st day of Inc., hereinafter called "E. W., Inc.," and Cit hereinafter called "Subscriber." R. F. BERTRAM 19 82, by and between Eleciro Watchman. 1. INSTALLATION. E. W., Inc. agrees to install and service without liability and not as an insurer, during the term of this Agreement, the protection, hereinafter sometimes referred to as the "System," set forth below, on Subscriber's premises: Hrttrhincnn Mn S5150 879-2311 _ Street Address City, State, Zip Code Phone Type of System (0f3D=Central) Alarm: to Hutchinson Police Qgpt 2. SCHEDULE OF PROTECTION. It is understood and agreed that the System, including all devices, instruments, appliances, connections, wires, conduits and other materials associated therewith, except telephone company lines, is and shall at all times remain the sole property of E. W., Inc. - 3. TERM AND PAYMENT. Subscriber hereby agrees to pay to E. W., Inc., its agents or assigns, the sum of - - - - - -- ------------------------------------------ -Dollars ($- -- - - - - -- ) upon completion of said installation, and to pay in addition the sum of Four htmdred sixty —eight and 001100 ----- Dollars ($468, OQ ) per annum, payable )PiJNQD ¢C(quarterly) in the amount of Onp hirincIrpti p p t H 64100 Dollars ($ 117.00 ) in advance, plus any taxes, including sales taxes, fees or charges that are imposed by any governmental body relating to the installation or service provided under this Agreement, for a period of ttv6 ( 2 ) years from the date said installation is completed. Thereafter, this Agreement shall continue in force and effect from month to month and shall be terminable upon thirty (30) days' written notice by registered or certified mail given by either party hereto to the other. 4. ENTIRE UNDERSTANDING. Subscriber acknowledges receipt of a copy of this Agreement. This Agreement contains the entire understanding of the parties and supersedes any other oral or written agreements or representations. 5. E. W., INC. IS NOT AN INSURER — LIMITATION OF LIABILITY. It is understood and agreed by and between the parties hereto that E. W., Inc. is not an insurer nor is this Agreement intended to be an insurance policy or a substitute for an insurance policy. Insurance, if any, will be obtained by Subscriber. Payments provided for herein are based solely upon the value of the services provided for, and are unrelated to the value of Subscriber's property or the property of others on Subscriber's premises. The amounts payable by Subscriber are not sufficient to warrant E. W., Inc. assuming any risk of consequential or other damages to Subscriber due to E. W., Inc.'s negligence or failure to perform. Subscriber does not desire this Agreement to provide for the liability of E. W., Inc., and Subscriber agrees that E. W., Inc. shall not be liable for loss or damage due directly or indirectly to any occurrence or consequences therefrom which the System is designed to detect or avert. If E. W., Inc. should be found liable for loss or damage due to a failure on the part of E. W., Inc. or the System, in any respect, its liability shall be limited to the refund to Subscriber of an amount equal to six (6) times the total monthly charge shown herein, or to the sum of Two Hundred Fifty ($250.00) Dollars, whichever sum shall be less, and this liability shall be exclusive. The provisions of this paragraph shall apply in the event loss or damage, irrespective of cause or origin, results directly or indirectly to person or property from the performance or non - performance of the obligations set forth by the terms of this Agreement, or from negligence, active or otherwise, of E. W., Inc. its agents, or employees. 6. E. W., INC:S LIABILITY. E. W., Inc. does not represent or warrant that the System may not be compromised or circumvented; that the System will prevent any loss by burglary, hold -up, fire or otherwise; or that the System will in all cases provide the protection for which it is installed or intended. Subscriber acknowledges that E. W., Inc. is not an insurer, that Subscriber assumes all risk for loss or damage to Subscriber's premises or to its contents, that E. W., Inc. has made no representations or warranties, nor has Subscriber relied on any representations or warranties, express or implied, except as set forth herein, and Subscriber acknowledges that he has read and understands this Agreement, particularly Paragraph 5 above which sets forth E. W., Inc.'s obligation and maximum liability in the event of any loss or damage to Subscriber. E. W., INC. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PURPOSE. E. W., INC. SHALL NOT BE LIABLE FOR DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES. YOU, THE SUBSCRIBER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. Accepted: St. Paul November 1 , 19 82 CITY OF HOTGffiNSON SEWKR & WA -1'LK nr.vn_ Subscriber _ ELECTRO WATCHMAN, INC. By AuthorizeA Reprewntetlw ItS T r THE TERMS AND CONDITIONS CONTAINED ON REVERSE SIDE OF THIS AGREEMENT ARE INCORPORATED HEREIN Submitted by Marjorie E Bertram AND BY REFERENCE MADE APART HEREOF. nITr- nrrn'F rrknnV_ IIIR$CRIRFR AZ PROPERTY PROTECTION SINCE 1922 G. L. ANDERSON M. E. BERTRAM B. L. BOWES R. F. BERTRAM MONITORING AGREEMENT This Agreement is made this 1st day of September , l9 82, by and between Electro Watchman, Inc., hereinafter called "E.W., Inc.," and Hutchinson Municipal Liquor hereinafter called "Subscriber," with respect to Subscriber's premises at 117 Main North Hutchinson, Mn. 55350 1- 612 - 587 -2762_ Street Address City, State, Zip Code Phone 1. THE SYSTEM. E.W., Inc. agrees to provide or cause to be provided at the address indicated above (hereinafter called "the premises ") the services and /or connections (sometimes referred to herein as "the System ") specified below. 2. PAYMENT. Subscriber agrees to pay E.W., Inc., its agents or assigns the connection charge of ------------------------------------ - - - - -- Dollars IS as well as the monthly charge of Thirty -one ane 00 /100 --------------------------------- - ----- Dollars M 31 110 , plus any taxes including saies taxes, fees or charges that are imposed by any governmental body related to the service provided under this Agreement. The Connection Charge is payable upon completion of the installation. The Monthly Char are payable quarterly in advance for the period of this Agreement. $93.00 Quarterly 3. TERM. This Agreement shall remain in full force and effect for a period of two year from the date servift is operative hereunder, and shall continue automatically thereafter for additional annual periods until terminated by either party. Should Subscriber vacate the premises this Agreement may also be terminated by either party. In case of such terminations, thirty (30) days' written notice shall be delivered by either party to the other. 4. SCHEDULE OF MAINTENANCE AND /OR MONITORING SERVICE. Type of Protective Signaling System: 'Y Maintenance Service "Signal Transmission Equipment: Number signals to be transmitted E. W., Inc. Emergency Service Response Key Service Connection to E. W., Inc.'s Central Station Automatic Dialer Transmitting Unit to be used for notification over Subscriber's telephone lines of Law Enforcement Agency having jurisdiction. (Agency Name: 1 Digital Communicator to be used for notification of E.W., Inc.'s Central Station over Subscriber's telephone lines. f:�`F1[�.lT� yn :I:iR7FTil . u� `Lines leased from the telephone company will be installed by them in accordance with their standard procedures. --IMPORTANT: Signal transmission equipment and the associated receiving equipment at the monitoring station, is and shall remain, the sole property of E.W., Inc. Upon termination of this Agreement, for any reason whatsoever, E.W., Inc shall have the right to enter the Subscribers premises and remove its equipment therefrom without liability for damage necessarily done to the premises in doing so. S. ENTIRE UNDERSTANDING. Subscriber acknowledges receipt of a copy of this Agreement. This Agreement crnhsains the entire understanding of the parties and supersedes any other oral or written agreements or representations. S. E. W., INC. IS NOT AN INSURER — LIMITATION OF LIABILITY. It is understood and agreed by and between the parties hereto that E.W., Inc. is not an insurer not is this Agreement intended to be an insurance policy or a substitute for an insurance policy- iruurance, if any, will be obtained by Subscriber. Payments provided for herein are based solely upon the value of the services provided for, and are unrelated to the value of Subscriber's property or the property of others on Subscriber's premises. The amounts payable by Subscriber re rot sufficient to warrant E.W., Inc. assuming any risk of consequential or other damages to Subscriber due to E.W., Inc.'s negligence or faiare to perform. Subscriber does not desire this Agreement to provide for the liability of E.W., Inc., and Subscriber agrees that E.W., Inc. shah o It be liable for loss or damage due directly or indirectly to any occurrence or consequences therefrom which the System is designed to detecs t avert. If E. W., Inc. should be found liable for loss or damage due to a failure on the part of E. W., Inc. or the System, in any respect, (s lability shall be limited to the refund to Subscriber of an amount equal to six (6) times the total monthly charge shown herein, or to the surf of Two Hundred Fifty ($250.00) Dollars, whichever sum shall be less, and this liability shall be exclusive. The provisions of this paragraph "I apply in the event loss m damage, irrespective of cause or origin, results directly or indirectly to person or property from the performance .m nonperformance of the obligations set forth by the terms of this Agreement, or from negligence, active or otherwise, of E. W_ Inc.. its agents, or employees. - 7. E. W., INC. S LIABILITY. E. W., Inc. does not represent or warrant that the System may not be compromised or circumvented; that the System will prevent any loss by burglary, hold -up, fire or otherwise; or that the System will in all cases provide the protection for which it is installed or intended. Subscriber acknowledges that E. W., Inc. is not an insurer, that Subscriber assumes all risk for Ham or damage to Subscriber's premises or to its contents, that E.W., Inc. has made no representations or warranties, nor has Subscriber relied on any representations or warranties, express or implied, except as set forth herein, and Subscriber acknowledges that he has read sad understands this Agreement, particularly Paragraph 6 above which sets forth E. W., Inc.'s obligation and maximum liability in the event of arty Its or damage to Subscriber. E.W., INC. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANT- ABILITY AND FITNESS FOR A PURPOSE. EXCEPT FOR PERSONAL INJURY, E.W., INC. SHALL NOT BE LIABLE FOR DIRECT, CONSEOUENTIAL, OR INCIDENTAL DAMAGES. YOU, THE SUBSCRIBER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. Accepted: St. Paul September 1 , 19 82 .ELEf'RfJ,WATCHMA By GGG tCLL//77JJ Trig user Submitted by Marjorie Ea&traln HUTCHINSON MUNICIPAL LIQUOR . Subscriber . ev Authorized Representative THE TERMS AND CONDITIONS CONTAIN® ON REVERSE SIDE OF THIS AEMENT ARE INCORPORATED HEREIN AND BY REFERW MADE A PART HEROW. I' NTF- OFFICE Cnhrn RY: c11R5CRInFR APPL*TION FOR -_ A LWERMIT To the... -CITY COU.N.C.I.L. of the... ---- CITY ........ .......... HUTCHINSON of_ .. ................................... - .... -in the county Of ...... ........ .......... .............................. .. State of Afinncsola: The undersigned owner whose address ij ..... ------ ez?oez . .......... --- ------ -- -- . ...... . .... ... //Y PLOW AND hereby applies for a permit to_. .......... - ....... ---- ............. .... ... ...... . ...... ........... ...- ...I..........._ . REMOVE SNOW WITH .....Z3/-,�q 1,zlc a ........ - .......... ....... -- .............. . ....... ...... ------ ............... ...... ..... ........... .. ............................. - .............................................. . ............... .......... upon that certain, tract of land described as follows: Lot-- ............. ................ ..... . -; Block. ....... ...... ......... .... .. ... - ; plator addition..... ....... .................. ...... ........ ----- - --- .......... .... ; which is of the following size and area; width....- ..__._.__ ...... .... feet; length feet; area. WITHIN THE CITY LIMITS ........ .. ... . ... --- -- ......... . ...... ............................. .............. ................... -- ----------- ... . ......... ..... .. ... and hereby agrees that, in case such permit is granted, that all work which shall be done and all materials which shall be used shall comply with the plans and speclf�oativns therefor herewith submitted and with all the ordinances of applicable thereto. .4pplicant further follows: ........ - ------- ... $I....0.0 ...... .......... .... I ...... ---- ........... Of - "ANY or assessments at the time and in the amounts specified as ...................................... ........ ...... ...... ......... I . ...... .. . ... ...... ........... ............................... ... .. .......... APPLICATION FOR----2T REMOVAL-PERMIT To the .......... CITY COUNCIL .. .................................. of the ......... C ITY ........... ............... HUTCHINSON ..... ...... ... ............. of . . .................................... I ............... . .................................................... � in the County of ............. M-C .... L.E.0-D ..................... . .... - .................................. State of Afinnmota: — The undersigned owner whose address is...._..._ ........ .... .......................... applies for a permit to ......... . PLOWAND .. .. ... _. ...... REMOVE SNOW WITH -- -------- -- -- ---------- - ..........v._......._._._.- ...............-.. .......... . ....... ............ .......... ....... ........ . . ............ vr-"�t I ?� lcl fS upon that certain tract of land described as follows: Lot.-......- ... ...... ...... - ---------------- -; Block-..... __...._........................ plator addition.. ..................-- ....- ....._...._.----- ..... °- .. ...................... ; address .............................. . ...... . - - --- -.- - -------- ----- ---- - .; which is of the following size and area; width- .- -- .- ..__.._... -- .. . ........ ...feet; length ...... ...... - feet; area ... .... WITHIN THE CITY LIMITS ..... - .......... ....... ..................... - ... . ...... ............ .... ............. . ..... ............... ........................... .... .... . ...... .. ... ... and hereby agrees that, in case such permit it granted, that all work which shall be done and all materials which shall be used shall comply with the plans and specifications therefor herewith submitted and with all the ordinances of applicable thereto. Applicant j follows: $1.00 AI f or assessments at the time and in the amounts specifled as "IMM APPLICATION FOR--- SNOW REMOVAL - ------------------- PERMIT To CITY COUNCIL of the. CITY HUTCHINSON the County of . ..... M.C.-M.0) ------- . .......... S& The undersigned owner who" address }i %5.._ ....... -J.4..0 .. j_CJ.ju__AdraF applied for a permit L rm" REMOVE SNOW WITH .... . ..... . . ........ upon that certain tract of land described as follows: Lot....._.._.._._......_.__ ; Block.._._..___._........_.. plat or addition.._. . ........... address.. which is Of the following size and area; width .. ............. ... ...... . . ........ --.-feet; length.... - . ...... . . ......... ........ feet; area ......_WITHIN THE CITY LIMITS ..... ..... ..... ...... ............... . ... .. . . . ................... . ............ I .... . ....... .......... . ­­ ..... . . ............. . and hereby afrees that, in case such permit i& granted, that all work which shall be dons and all materials which shall he used shall comply with the plans and specifications therefor herewith submitted and with all the ordinances of said ..... .................. .. . . ....... . ....................... . . ..................... applicable thereto. .4pplicant further a r M� J�j , fees e" or assessments at the time and in the amounts specifled as follows: -1 1982 ctry OF owner APPLICATION FOR__.SHQY_MaAL --- PERMIT To thd..._.C.1.TX­C0U.N.C.IL of As .... CITY ......... . .......... . ........ . . . ... . ...... of .... _ HUTCHINSON . ... . . ....... _in the county of MC LEOD . ......................... __­...., ........ . ...................... , State of Minnesota: The undersigned owner whose address it . . ....... A5.a oxdv ............ .............. . ............ ._.... .................._......hereby applies for a permit to._.-PLOW AND .... . ....... .............. . ........ REWU ... sow..xim .. ........... S.&,0..W._.6Jo.0j._CP upon that certain tract of land described as follows: Lot......_..... _._............_.....__.......; Block......_...... .._- .................... ...... ; PWOr addition........_._._ .......... . ... .. . . . .. . ............ ............... .... ... ; address......._........_. ......... . ..... which 18 Of the following size, and area; width ........ ............_.........I......:_ - length ..__......_— ....._.._..:.::.... feet; area ..... WITHIN THE CITY LIMITS .................. ..... ..................... . . .... ......... . ................ . ...... .... . ..... _ ............ . ..... ...... .... and hereby agrees that, in case such permit is granted, that all work which shall be done and all materials which shall be used shall comply with the Plans and specifications therefor herewith submitted and with all the ordinances of applicable thereto. Jppli4ant further follows: $1.00 7 pilwy A �VZ Or assessments at the time and in the amounts specified as OA.... k 3�r- Owner 0 MINUTES AIRPORT COMMISSION MONDAY, NOVEMBER 8, 1982 The meeting was called to order at 7:30 P.M. by Chairman McGraw. Present were: Doug McGraw, Randy Buboltz, and John Miller. Also present: City Administrator Gary D. Plotz and Maintenance Operations Director Ralph Neumann. The purpose of the meeting was to discuss the proposed contract for airport farm land rental between the City of Hutchinson and Gene Birk. It was noted that the City Attorney drew up the proposed three -year contract with two additional pro- visions. One provision was the waiver for any re- imbursement of past tiling of the farm land. The second provision was an agreement for plowing the land at the end of the third year of the contract. It was noted that the contract was similar to previous land rental contracts that have spanned three -year timeframes. The motion was made by John Miller, seconded by Randy Buboltz, to approve the pro- posed contract. Motion unanimously carried. The meeting adjourned at 8:00 P.M. q--a_ MINUTES AIRPORT COMMISSION SEPTEMBER 13, 1982 Chairman McGraw called the meeting to order at 6:15 P.M., with the following present: Ed Connelly, Doug McGraw, John Miller, and Don Pankake. Also present: Council Representative Ted Beatty, City Administrator Gary D. Plotz, and City Ac- countant Kenneth B. Merrill. The purpose of the meeting was to discuss the proposed 1983 airport budget and the proposed farm land contract between the City of Hutchinson and Grant Knutson. The motion was made and seconded to recommend approval of the proposed budget for 1983. Motion carried unanimously. The Airport Commission discussed the proposal for another three -year contract with Grant Knutson. The Airport Commission felt that Mr. Knutson had been a good renter over the years. The City Attorney had previously stated that farm land was not required to be bid for rental purposes. The Airport Commission felt that since there had been a good working relationship with Mr. Knutson, the contract should be renewed for $80 per acre the first year, $85 per acre the second year, and $90 per acre the third year. In addition, the City Attorney would be insert- ing a disclaimer for any tile lines ins = talled and a provisiotr,fur plowing at the end of the third year of the contract. The motion was made and seconded to approve the proposed contract and recommend it to the City Council. Motion unanimously carried. There being no further business, the meeting adjourned. B444 3/±A—FARM LEASE, Cash Ren nsiallments, Security Interest Clause `Ellis �. 111rer iciTf, Made this -------- ------- -- ------ -- ---- --- - --- --- ------ day of ----- S-ant.eiPher- .......... 19.82----- - by and between -------------------- City -of_Hutr_hi.rson- ---------- - --------------------------------------- - ----- ---- __-- ----- -- --- - --- -- ---- - - --- -- party of the first part, Lessor, and - _------------ Grant_ Fnutson. -- ---- - --- --- --------------------------------------- of the Township of -------------- - County of __.lcl--------------------------------------------------- c and State of._..__ nnesota..._... . ------------------- party of the second part, Lessee. WITXESSETH, That the said party of the first part, in consideration of the rents and covenants hereinafter mentioned, does hereby Remise, Lease and Let unto the said party of the second part, and the said party of the second part does hereby hire and take from the said party of the first part, the following described premises situated in the County of ------- i' 5CIP;i____-_ ._..._._.- __.___--------- - ---- , and State of ------ I 5t mX" eSota_ __ ----------------------- - ------ viz: The East Half of the Southwest Quarter WF of ST -h) in Section Xumber ------ .72- ....... Township Xumber ----- ]15N...... Range Xumber..__--- -30W_, containing ------ .. _E0 .............acres be the same more or less, of which described premises the second party hereby agrees to plow and put in crops not less than _____.____ 80 ----- .._.._ ............._acres each year during the con- tinuance of this Lease. To Have and to Hold, The above rented premises unto the said second pa rty,.__?nis ----------- .-------- .__. heirs and assigns, subject to the conditions and limitations hereinafter mentioned for and during the full term of._ Three --- (3) ----- .years from and after the --------- _1st -------- .---- day of__Nauemher.._., 19.82_., the term of this Lease ending the ------------- 31st ------- .---- --- -.- -- --- ---day of ---------- _.ctobeY ------------------ I 19. 5-. .4nd the said second party agrees to and with the said first party to pay as rent for the above mentioned premises, for and during the full term of this Lease, the sum of TkP__ my -A172._ -- - - --- ---- --- .---- -- ---- - - - ---- -Dollars, payable at City_Ha] 1,- -Hat Chi nGnna -- lIlllESQtd...----------------. ------------------- ------------ in --- twee- --U).. ------- installments with interest at the rate of per cent on each installment after due, to -wit: ;..5.,.4Q0_.00 --- on or before ------ Qct-15._._19.83.----- ;--- -_-- --------- ------on or before --------- .------ --_------_-------_-- ._b_,-80,0.D0 ... on or before ------ ;-- ---------------------- on or before --------------- ----------------- --- --- __ s-2,20-0--GO--on or before- - -- het- 0 5+ 1985 - $-- ---- -- -- --- -- -------on or before ------ ----- --- --- - -- --- ---------- ;------------------- .---- on or befo j------ -- -- -- ---_.-- -- - -on or befo ;__...... __ ----------- on or befo ----- ------ ------ - - - -on or before-- - - - -- .......................... - --- ;--- -- ---- ---- ---- --- -- - -on or before ---- -- -- --------- ---- -- --- --- ----- or before ------------_-- --- __- ---_- -- -- And it to Further Agreed, By and between the parties es follows: Tbat should the said second party fail to make the above mentioned payments As herein specified, or to pa any of the rent aforesaid when due, or fail to fulfill my of the covevante herein contained, the. and in that case said first party ma re-enter and take pomesdon of the above rented premuce, and hold and enjoy the Come without such re-entering working a forfeiture of the rents to be paid by the mid second party for the fail Wm of this leases That if the mid first party sells said premises during the life of this lease and before the crop is in the ground, end desires to gfve posse ®onto the purebaeer, that the second party will forthwith surrender poeaes®on of said leased pesmieea upon the peymmL to him d L —_ per acre for each scre of mid Dreviieae newly Dlowed by said seeovd party et the time mid poaxe ®ov ie demanded rf mid d<W the troy is in, Lhev mid eacand yer<y shall have the right to remove each crop when ready to be harvested. Tbat if mid fiat patty sells mid Dismiss during the Wm oS this lease, the purchaser vyo at any time mW upon the ]¢seed Dremuea fm the purpose ol Dlowmg� breakirig more Imd. mmmcr- faflowi.g, cultivating or otherwise imymvirig any pert of and yremiaes not in actual cultivation by said second Party. and without euc6 entry wmkiug any forfdtux of Lhe rents herein agreed h be Dail. That i} mid second Darty xmsim in poeeeesioa of said premises Af W the eapixtion of the Wm fox which they ere hereby ]mad, each pomeeeion shall not be covehued to 6e a revewAf o/ this lease, but to be s temney at the wifl o/ the acid 5nt party, which may be Wminated upon tin days' notice, given by the mid fuel party in writing, tither delivered to second party or sent W him in A sealed envelope, duly stamped and directed to him at - -- which is hereby declared by acid aecoad party to be his usual Feat- office add. And the said second party also covemnts and agrees to and with the said first party, not to aemgn this lease or underlet the above rented premixs or any part thereof, without fast obu inin the written consent of the said first party and that be will, at the expiration of the time as herein recited, quietly yield and surrender the Aforesaid premises to the said first party, his heirs or a ®gaa, in as good condition and repair m when taken. reasonable wear and bear and damage by the dements alone excepted. Said ascend party also covenants and agrees to cultivate the hereby leued premises in a careful sad husbmd -like reamer, and to main- the and keep up the fences m . tc protect all trope from injury And waste, and to protect the fruit end shade trees thereon. and to cut eo gem trees end to commit no waste or damage on said real estate and to suffer none to be done; And to keep up And maintain in good repair all buildings, stable, tribe fmcn and improve- ments on aid term; And further Agree& not to remove Any straw or rescues from said farm, but to spread upon said pxmiees eLL manure made thereon. The party of the second part is also to destroy AR Russian thistles, And other noxious weed& growing ov said land, declared by atetute to be common nuimnceA within the times prescribed by law, and shall keep all roadways and other parts of the land, not in crop, mowed And free Imm growiri ff weeds. And the first party or his exact ahan have the right to enter upon said pxmieae At Any time, without injury to the standing trope, for the purpose of malvng Any improvements, or b prepare for the succeeding crop. or for Any other purpose whatsoever. And the said first party ce,,barts that the said accord party, to paring the rent And performing the eovcos.ts Aforesaid, shall peaceably and quietly hsve, bold and enjoy the aid remised premise and the mid second pw" Agee to reside And occupy the buitdiuge thereon for the Wm aforesaid. Is, the event of Any rasa due hereon being reflected by suit, the second party further Agrees to pen all expense which seen be incurred thereon. As security for the payment of the rents herein specified and the faithful performance and strict fulfillment of all the cove- nants of said second party in this lease contained, said second party does hereby grant a security Interest to said first party In all crops grown or growing on said premises during the term of this lease and in products and contract rights with respect thereto and all proceeds of each. Upon any default on the part of said second party in paying said rent or in performing any of the covenants of thin lease, and at any time thereafter, said first party shall have, In addition to the rights and remedies granted hereby, all rights and remedies of a secured party under the Uniform Commercial Code or other applicable law, and said first party may require said second party to assemble said property and make it available to said first party at a place to be designated by said first party that is reasonably convenient to both parties. Expenses of retaking, holding, preparing for sale, selling and the like, shall include the rea- sonable attorneys' fees and legal expenses of said first party. It is further agreed by and between the parties hereto that party of the second part, Lessee, agrees to cut and Control any weeds on the above described premlmises so as to comply with state and local weed control laws. Lessee further agrees to clean the existing drainage ditches on the above described prenuses and to plow land upon termination of lease. V— _z f B"4 3(4A —FARM LEASE, Cash Ili IL Installments, Secs rity ]rderest Clause Ere . o sw�.n ..c...�.+. —1.. `This NgrriemoA Blade this --- --._22nd _ -- ---- - -- -- -_.da o September - - -- 19_E2 - -- -- c- f - y f - - -- by and between ---- CitY_ Of_HutChinson, -- County_ of- Mcleodr_- _State - -of- ldinnesota -------- - -------------------- party of the first part, Lessor, and--- _---- Dugene Birk of the Township of.------- --- ----- -------------- .--------------------- ------ ------ County of. -_ri IeOd- --------------------------------------------- and State of.._._ I`'. i? ?t?esOta ..._ ._.___..__.- ..__.- _.._.._.._.., party of the second part, Lessee. WITNESSETH, That the said party of the first part, in consideration of the rents and covenants hereinafter mentioned, does hereby Remise, Lease and Let unto the said party of the second part, and the said party of the second part does hereby hire and take from the said party of the first part, the following described premi es situated in the County o/ ----- ---- t-cTl' a? _...______.___...__.- __-- - -._., and State of ------ NJ= esota -- -- -- - --------- -- -- ---- - - --_., Nix: 23.1 acres of which shall be rade available to the City of Hutchinson for the purpose of sludge disposal. in Section Number ---------- 3------- Township Xum,ber___- 1151L_.__- Range Xum,ber ------ 10W........ containing _.__- ._.93.1 - ..__.__acres be the same more or less, of which described premises the second party hereby agrees to plow and put in crops not less than._ ---------- J.O acres each year during the con- tinuance of this Lease. To Have and to Hold, The above rented premises unto the said second party ,__ - lila-_.-._-.__.__-___-.- heirs and assigns, subject to the conditions and limitations hereinafter mentioned for and during the full term of -------- _. ----- --------- years from and after the...-.. ---------- 31st ------ day of- _October -_.__, 19_82 -., the term of this Lease ending the _.___ . .. .... .........31st__..____._____.__. -.day of ----- ... ..___.___._Oetiobeer------- 19_.85__. .2nd the said second party agrees to and with the said first party to pay as rent for the above mentioned premises, for and during the full term of this Lease, the sum of 80._per_acre_lst_year;._85_per__ arse. 2nd_.__ ynar; ---- 0_ - per- acre-Arr1_yea= ----- .---- Dollars, payable at -------- ----- --------------- ---Hntclii nsnII---- -- -----_ ....... ------------------ ------------------ ------- in' --------- ___ --- ------------ installments with interest at the rate of. .... . ----------- per cent on each installment after due, to -wit: a. ---- ,R0II_ -__on or before --- March_1t..19R3-------- d on or before --------------------------------------- -- $ ----- ,80 -------- on or before._Novemher__1,_1923- ;_ --------- --- ---------- on or before ................... .. --- .----------------- ;---- .975- ------ .on or before --- IaSCh --- ,__ N4- ------- ; on or before ------------------------------------------ a.... 2.975- ----- on or before - --O -1' -1984- --- -- ---- ------ -------on or before------------------------------------------ - - -- 3,15-0 ------- on or before - ..Marsh.- - 1.-19-6.5 -------- d- ----- -- ------ --- -- - -- -on or before ------------------------------------------ ;.--- .317,50__.- -- -on or before.- IdoveFa;er._la --- 1985- ti--- -- ---------- --- ---- --on or before .------------------ ---- --- And it Is Further Agreed, By and between the parties as follows: That should the said second party fail to make the above mentioned payments se herein specified, or to pay any of the rent aforesaid when due, or fad to fulfill any of the covenants herein contained, then and in that case said fast party may re -ester sad take possession M the above rented premises, sad hold and enjoy the mere without such reentering amkin, is forfeiture of the rents to be paid by the said second party for the full term of this lease. That if the said first party sells said premises during the life of this lease and before the mop I. in the ground, and desires to give possession to the purchaser. that the second party will forthwith sumender poavesti m of said leased premises upon the payment to him of S - -. -- per acre for each acre of said premiess newly plowed by said second pazty at the time said possession is demanded if sold after the any is in, than said second party shall have the right to remove such crop when ready in be barvested. That if said fast party sells mid premises during the term of this lease, the pumbaser may at any time enter upon the lamed premises for the purpose of plowing, breaking more land, summer- fallowing, cultivating or otherwise improving any part of said premises, not in actual cultivation by said second party, and without me entry working any forfeiture of the rents herein agreed to be paid. That B said second party remains in possession of said premiass after the expiration of the term for which they are hereby leased, such possession Khali not be construed to be a renewal of this lease, but to be a tenancy, at the will of the said first party, which may be terminated upon ten days' notice, given by the mid first party in writing, either delivered so second party or east to him in a sealed envelope, duly stamped and directed to him at which I. hereby declared by said secon is d party to be h usual utolsce address. And the said second party eiso covenants and agrees to and with the said fast party, not to amigo this lease or underlet the above rented premises or aqqYv part thereof, without first obtaining the written consent of the said tint party and that he will, at the expiration of the time se herein recited, quietly rield and surrender the aforesaid premises to the said fin=, his heirs or affigns, in se good condition and repair as when taken. reasonable wear and tear and damage by the dements alone excepted. Said second party also covenants and agrees to cultivate the hereby leased premises in a careful and husband -like roamer, end to main- tain and keep up the fences so as In protect all crops from injury and waate, and to protect the fruit and shade trees thereon, sad to cut on green train and to commit no waste m dame,. on said real estate and to suffer none to be done; and to keep up and maintain in good repair all buildings, atables, cribs- fee. sad improve- ments on said farm; and further a,rees not to remove any straw or manure from said farm, but to spread upon said premises all manure made thereon. The party of the second part is also to destroy all Russian thistles and other noxious weed. growing on said land, declared by statute to be common announce, within the times prescribed by law, and shall keep all roadways and other parts of the land, not in mop, mowed and free from growini weeds. And the first party or his agent shall have the right to enter upon said premises at any time, without injury to the standing crops, for the purpose of making any improvements, or to prepare for the succeeding crop, or for any other purpose whatanever. And the said first party covens its that the said second party, on paying the rent and performing the covenants aforesaid, shall pmnmb and quietly havq hold and enjoy the said remised premises and the said second party agrees to reside and occupy the buildings thereon for the term aforesaid. the event of any .am due brreon being collected by suit, the second party further agrees to rav all moue ee which may be incurred therebv. As security for the payment of the rents herein specified and the faithful performance and strict fulfillment of all the cove- nants of said second party in this lease contained, said second party does hereby grant a security Interest to said first party in all crops grown or growing on said premises during the term of this lease and in products and contract rights with respect thereto and all proceeds of each. Upon any default on the part of said second party in paying said rent or in performing any of the covenants of this lease, and at any time thereafter, said first party shall have, in addition to the rights and remedies granted hereby, all rights and remedies of a secured party under the Uniform Commercial Code or other applicable law, and said first party may require said second party to assemble said property and make it available to said first party at a place to be designated by said first party that is reasonably convenient to both parties. Expenses of retaking, holding, preparing for sale, selling and the like, shall include the rea- sonable attorneys' fees and legal expenses of said first party. If party of the 1st part shall require any of the above 70 tillable acres for any purpose, then the rent payable by party of the second part shall be reduced according to the per acre rental rate payable in that year. Party of the second part shall effectively control weeds on the premises throughout the tera of this lease. With the singling of this lease, party of the second part waives any claim against the City of Hutchinson for reMburserient for any expense incurred in tilling premises. Should this lease not be renewed, party of the second part shall plow all tillable acres and shall be compensated for said plowing by a payment of $2,000.00 from City of Hutchinson. $165,988.03 GENERAL FUND *Hobert Martin Consulting Inc. registration fee $ 90.00 REGULAR COUNCIL MEETING November 9, 1982 WATER $ SEWER FUND referee refund 48.00 Gridor Construction Inc. construction costs $ 109,335.50 Hydraulic Specialty repairs 1005.13 Odland Protective Coating water storage tank 13,950.00 State Treasurer certification fee 15.00 Richard Nagy safety glasses 30.00 Lillian C. Michaels mileage 19.32 Water Polltion Control Fed. lab. mag. 6.00 Big Bear supplies 64.95 Cash Drawer #4 postage 1.20 Coast to Coast supplies 22.73 Com. of Revenue Oct. sales tax 571.02 Crow River Press window envelopes 241.75 Equitable Life Ass. SOC. Nov. LTD ins. 60.51 GTC supplies 4.32 Gambles supplies 5.98 G $ K Services uniform rental 103.50 Hutch Wholesale Supply supplies 3.00 Ind. School Dist. 423 gasoline 655.81 Junker Sanitation refuse charges 17,971.20 L $ P Supply supplies 7.90 Finley Mix type IV exam fee 15.00 McLeod Co. San. Landfill October dumping charges 8.50 Mn. Valley Testing Lab. testing 342.20 Perry Grubb Associates blower 6.700.00 Quades supplies and repairs 1,245.85 St. Treasurer PERA 308.68 State Treasurer FICA 779.10 Van Waters 4 Rogers chemicals 182.25 Water Products Co. meter etc. 283.00 Atkinson Blacktop Service Patching materials 128.80 Juul Contracting Repairs 64.00 Hutchinson Leader legal publications 51.67 Hutchinson Telephone telephone 232.23 Hutchinson Utilities gas $ elec. $ computer chgs. 11,571.93 $165,988.03 GENERAL FUND *Hobert Martin Consulting Inc. registration fee $ 90.00 *Mn. State Treasurer boat registration fees 238.00 Jeff Pieschke referee refund 48.00 Ron Hardeman referee refund 48.00 Jeff Schwarze referee refund 48.00 Lee WRight referee refund 48.00 Carole Solie skating refund 16.00 Shirley Allen skating refund 16.00 Charles Becker refund on permit 40.00 Harland Emans janitorial services - armory 40.00 John McRaith softball fed. mtg. 49.26 Doug Meier gasoline 89.10 Mark Schnobrick seminar dues 20.00 Jim Weckman %airport gasoline 15.00 Bill Breitkreutz ciy hall roof repair 350.00 Crouse Hinds Co. parts 47.48 Curtis Industries parts 161.53 // - i 2- Dept. of Transportation 3 bus permits 60.00 Earl McDonald Inc. parts 24.00 Home Safety Equipment badges 50.63 Hutch Hi School 1982 year book 20.00 Hutch Jaycees referees for football 420.00 Jerrys Transmission Service manifold 20.00 Jims Garden Service mowing weeds 45.00 JOhnsons Feed Inc. de -icing salt 1613.48 McCormick Impl. Co. part 17.16 PERA Police 4 Fire Fund refund of excess contribution 1385.35 1st National Bank of St. Paul airport bond payment 4333.00 Olsen Chain 4 Cable parts 70.00 Whelen Eng. Co. repairs 57.60 Abbott Electronics Inc. supplies 30.65 Allen Office Products supplies -chair 4 mat 174.72 American Linen Supply laundry service 26.48 American Welding Supplies chemicals 4 rental 20.75 Anderson Chemical Co. chemicals 637.50 Big Bear supplies 33.58 Brinkman Studio plaque,film et.c 692.40 Copy Systems Inc. copy machine 89.52 Carr Flowers Inc. planter 7.50 Cash Drawer #4 cash expenses 47.90 Central Mn. Communications parts 167.70 Crow River Vet Clinic boarding dogs 136.50 Coast to Coast supplies 132.55 Coca Cola Bottling supplies 96.75 Country Kitchen prisoner board 28.11 Co. Treasurer dl fees for co. 155.00 Culligan Water salt 4 monthly service 20.90 Don Streicher Guns test kits 39.25 Equitable Life Ass. Sec. Nov. LTD ins. 613.94 Bruce Ericson MRSF mtg. 50.73 Family Rexall Drug supplies 140.30 Farmers Elevator Assn. supplies 45.00 Floor Care Supply Co. cleaning supplies 49.34 Forbes Auto Store parts 20.75 GTC repair parts 529.43 Gambles supplies 306.60 Pamida supplies 41.07 Gopher Sign Co. signs 185.00 G.F. Nemitz Sons naptha 26.25 G 4 K Services uniform rental 507.76 Holmsten Ice Rinks cutter blades 32.74 Henrys Candy Co. arena supplies 145.20 Home Bakery election supplies 10.92 Hutch Community Hospital laundry 22.40 Hutch Iron 4 Metal iron 22.40 HuTch Wholesale Supply supplies 85.16 Ind. School Dist. 423 gasoline 5633.49 Ind. School Dist. 423 bldg. supervisor -rec. 357.50 Ink Spots printing 79.50 Jahnkes Red Owl coffee 20.56 Joes Sport Shop trophy 20.00 James De Meyer office expense 300.00 Kokesh whistles 14.20 3- Krasen Plbg. $ Htg. repairs 33.33 L $ P Supply Co. oil 22.50 Lamberts Standard car washings 6.00 Lloyd Schlueter mileage 54.00 MacQueen Equipment parts 58.71 Mankato Radio repairs 202.25 Marco Bus. Products parts F, repairs 124.88 Mn.UC Fund unemployment comp. ins. 909.01 Motorola Inc. portable radios & maintenance 2565.25 Montgomery Wards repairs & supplies 533.54 McGarvey Coffee coffee - police 47.20 Mikes Pro Shop jackets etc. 416.60 Gary Plotz intown mileage -Nov. 150.00 Popps Electrical repairs 157.14 Marlow Priebe meeting 5.69 Pikals Music Store tape 3.00 Quades supplies & repairs etc. 2289.22 RAnnow Electric electrical repairs 12.00 Road Machinery Supplies parts 1261.20 State Theatre motor vehicle rental 325.00 Schmeling Oil Co. oil $ fuel oil 2915.67 Schramm Implement parts 1.81 Simonson Lbr. Co. supplies 29.26 Sorensen Farm Supply supplies 45.00 St. Treas. PERA 3608.34 State Treas. FICA 7383.66 Specialty Screening car emblems 48.70 Swanke Motors parts 570.98 James Schaefer 'z mo.wage 798.44 Tri County Water Cond. rental and salt 46.90 Telpy Equipment parts 159.17 Velvet Coach city meeting 4.57 W.D. Enterprises repairs 27.60 Geraldine N. Johnson election judge 3.94 Hilda Kurth election judge 3.94 Bruce Erickson election judge 3.75 Jean Noel election judge 45.23 Fern Frank election judge 48.98 Olga Kern election judge 70.16 Verna Anderson election judge 67.31 Miriam Miller election judge 67.31 Eva Maas election judge 67.31 Juleen Flaa election judge 53.60 Grace Kottke election judge 57.60 Mary J Brummond election judge 57.60 Rose Kadlec election judge 57.85 Rosetta L Miller election judge 57.60 Mildred Nelson election judge 60.95 Lillian M jorgenson election judge 55.87 Emma C. Lake election judge 61.14 Margaret Sorensen election judge 55.87 DeLaine Rolfe election judge 55.87 Sedona E Miller election judge 55.87 Darlene Knigge election judge 57.54 0 -4- Pat Koester Norma Totushek Evelyn VanHale Doris Daggett ;Norma Schepers Laverna Miller Rosina Johnson Mary Ann Price Lillias Gilhousen Juul Contracting Plaza OK Hardware George Field Hutchinson Leader Hutchinson Telephone Co. Hutchinson Utilities McLeod Coop Power Assn. Natl Fire Protection Assn. 46 election judge election judge election judge election judge election judge election judge election judge election judge election judge Rental Fees Supplies fire.ed. seminar legal publications etc. phone service gas 4 electric airport elec. dues $ subscription 53.60 53.60 57.54 60.76 55.87 55.87 S6.43 55.87 61.14 25.00 50.49 35.87 333.92 2220.35 8727.24 334.01 62.50 $ S9,460.56 -s- Municipal Liquor Store Ed Phillips $ Sons Wine & Liquor 1395.96 Twin City Wine Co. twine g Liquor 1098.80 Griggs, Cooper $ Co. Wine & Liquor 2548.29 Old Peoria Co. Wine $ Liquor 1747.05 City of Hutchinson - General Fund Transfer funds 20000.00 Lenneman Beverage Beer $ Mix 11954.35 Hutchinson Telephone Co. Oct Phone Service 52.85 American Linen Supply Co. Towel Service 16.40 Coca Cola Bottling Co. Oct Ice & Mix 424.80 Bernick's Pepsi -Cola Bottling Co Mix 33.50 Locher Bros. Dist. Beer 5544.70 Friendly Beverage Co. Beer 1165.75 Triple G Distributing Beer 10372.30 $56,354.75 1981 Fire Hall Bonds Coast to Coast Supplies 31.26 Gambles Parts for light above sink 19.63 Popps Electrical Electrical services 161,64- 1982 Bond Fund Atkinson Blacktop Service Street Materials 977.42 Buffalo Bituminous Street Materials 50015.00 J. W. Hanson Construction 1610.00 Kuemper Inc. Construction 19026.03 Juul Contracting Construction 51336.44 Juncewski Masonry construction 11767.34 $ 134,732.23 1981 Parking Rev. Bonds Hutchinson Leader legal publiction costs $ 23.85 OTHE HUTCHINSON SAFETY COUOL FOR YOUR INFORMATION The Hutchinson Safety Council met October 25, 2982, at 12 noon at the Fire Hall in Hutchinson, MN. There were 7 members present. Vice President Bill Arndt presided in place of President Myron Johnson, and opened theneeting with a silent prayer. The minutes were approved as read. There was a correction on the treasurers' report. The 86.40 for the fire extinguishers is to come out of the savings account. The treasurer will transfer this amount. Bill Arndt announced he will teach a snowmobile safety course starting Nov. 22. It was announced that there are some Vial -of- -Life Materials at: the senior citizens center, in the Evergreen Apartments. A discussion was held on the increased use by pedestrians on the Oakland Ave. service road. Larry Ladd made the motion the city explore the placing of a sidewalk in that area or proper control of pedestrian /jogger usage. The motion was seconded with the note that the secretary write to the City of Hutchinson on this. Fire Chief: Fire safety drills were held at the schools during fire prevention week. There were good reports on the evaluation reports received by the schools on fire safety books sent to the schools by companies. A discussion was held on smoke detectors and the recent house fire in Hutchin- son. The motion was made and seconded that the secretary write a letter to the Editor of the Hutchinson Leader and KDUZ rnd.i_p station reminding people to periodically check their smoke detectors to see that they are in working order. Larry Ladd announced the new highway safety officer came and talked to the 5th and 6th graders and talked on bus safety. Now that we are back on standard time, joggers are hard to see and for their safety they should wear some reflective clothing that can be seen and also stay on the right side of the street. The secretary will write to the Editor and KDUZ on this. Letters to the Leader: It was brought up in a discussion to see if we could have a safety tip corner in the Hutchinson Leader. More discussion on this at the next meeting. George Field nude the motion s.nd ft -ao� ss co)ujed to come up with the safety tip of the month, and have this pul,licized. The next meeting will be November 22nd, at the Fire Hall. The meeting was adjourned by motion. Submitted by: Bill Arndt, Vice President Loretta F. Pishney, Secr. Trens. TREASURERS' REPORT: Balance on hand 10 - -1 -82 49.69 Deposits: 86.40 Disbursements: none Balance on hand 10 -31 -82 136.09 Balance on hand savings account 10- -31 -82 131.01