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cp03-23-1982 c cHUTCH INSON CITY CALENDAR I WEEK OF March 21 TO -March 27 1982 WEDNESDAY -24- :00 P.M. - Senior Advisory Board Meeting at Senior Center SUNDAY -21- THURSDAY -25- MONDAY -22- FRIDAY -26- TUESDAY -23- 4:00 P.M. - Meeting of City Council with Cleri- cal Employees at City Hall 7:30 P.M. - City Council Meet- ing at City Hall SATURDAY -27- s ,'r AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 23, 1982 1. Call Meeting to Order - 7:30 P.M. 2. Invocation - Reverend Keith Duehn 3. Consideration of Minutes - Special Meetings of February 19, 1982; February 23, 1982; and March 16, 1982 and Regular Meeting of March 9, 1982 Action - Motion to approve - Motion to approve as amended 4. Public Hearing None 5. Communications, Requests and Petitions (a) Consideration of Appointments: 1) Planning Commission - Elsa Young 2) Hospital Board - Rollis Balke Action - Motion to ratify appointments 6. Resolutions and Ordinances (a) Resolution No. 7089 - Resolution for Purchase Action - Motion to reject - Motion to waive reading and adopt 7. Reports of Officers, Boards and Commissions (a) Monthly Financial Report - February 1982 Action - Order by Mayor received for filing (b) Minutes of Nursing Home Board dated February 18, 1982 Action - Order by Mayor received for filing (c) Minutes of Planning Commission dated February 16, 1982 Action - Order by Mayor received for filing (d) Minutes of Parks and Recreation Board dated February 3, 1982 Action - Order by Mayor received for filing COUNCIL AGENDA MARCH 23, 1982 8. Unfinished Business is I 'a.., (a) Update Report on Rublic Buildings Meeting Building Code and Fire Code (DEFERRED MARCH 9, 1982) 1. City Hall 2. Library 3. Liquor Store Action - 9. New Business (a) Consideration of Applications for Renewal of Club 0 n- Sale Liquor Licenses: 1. American Legion Post #96 2. Crow River Country Club 3. Hutch Elks, Inc. 4. V.F.W. Post #906 Action - Motion to reject - Motion to approve applications and authorize issuance of licenses (b) Consideration of Applications for Renewal of On -Sale Liquor Licenses: 1. Frontier House 2. La Casa de Campa 3. T. L. Scalawags, Inc. 4. Velvet Coach, Inc. Action - Motion to reject - Motion to approve applications and authorize issuance of licenses (c) Consideration of Application for Renewal of On -Sale Wine License 1. Gold Coin Chinese Restaurant Action - Motion to reject - Motion to approve application and authorize issuance of license (d) Consideration of Delinquent Water and Sewer Accounts Action - Motion to authorize extension of payment period - Motion to authorize discontinuance of service (e) Consideration of Changing Board of Review to May 20, 1982 Action - Motion to reject - Motion to approve date -2- COUNCIL AGENDA MARCH 23, 1982 (f) Consideration of Request for Rezoning from R -2 Multiple Family Residence to C -4 Fringe Commercial District Submitted by Arvin Anderson with favorable recommendation of Planning Commission, with contingencies Action - Motion to reject - Motion to waive first reading of Ordinance and set second reading for April 13, 1982 (g) Consideration of Request for As -Built Survey of Evergreen Apartment Site Action - Motion to reject - Motion to approve 10. Miscellaneous (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- i • MINUTES SPECIAL MEETING - HUTCHINSON CITY COUNCIL FRIDAY, FEBRUARY 19, 1982 Mayor DeMeyer called the meeting to order at 6:30 A.M., with the following members present: Alderman Mike Carls, Alderman John Mlinar, Alderman Kenneth Gruenhagen, Ald- erman Ted Beatty, and Mayor James G. DeMeyer. Absent: None. Also present: City Ad- ministrator Gary D. Plotz, City Accountant Kenneth B. Merrill, and Department Heads. Mayor DeMeyer stated the purpose of the meeting was to discuss the reduction of state aids and thus the potential reduction in the City budget. City Accountant Merrill estimated a decrease in state aids totaling $75,825.00 plus a reduction in homestead credits. Snow removal costs this winter, estimated losses of elm trees for 1982, the potential of spring flooding, and also the potential of decreased revenues from in -house engineering projects were pointed out. Aldermen Beatty and Gruenhagen recommended placing $30,000.00 worth of maintenance materials for streets and alleys within the 1982 bond program. Motion was made by Alderman Beatty, seconded by Alderman Mlinar, to reduce the Street Department budget by $30,000.00 in street maintenance materials and to program this money within the 1982 bond program. Motion unanimously carried. City Administrator Plotz reviewed the following budgets: City Administration Elec- tions, Motor Vehicle Assessing, City Attorney, Planning, Conservation of Health, Library, Transit,_aud Airport. The motion was made by Alderman Beatty and seconded by Alderman Gruenhagen to cut $630.00 from City Administration, $1,600.00 from Motor Vehicle, $2,035.00 from City Attorney budget, $300.00 from Planning, $300.00 from Conservation of Health, and $1,190.00 from local match of Transit budget. Motion unanimously approved. City Accountant reviewed the proposed cuts of the Finance Department. The motion was made by Alderman Beatty, seconded by Alderman Carls, to accept budget cuts totaling $4,050.00 from the Finance Department. Motion unanimously approved. Police Chief O'Borsky was present to discuss a list of potential budget cuts. The motion was made by Alderman Beatty and seconded by Alderman Mlinar to cut a total of $1,200.00 from the Police Department budget. _Specifically, this is $1,000.00 from travel, conferences and schools; $100.00 from dues and subscriptions; $100.00 from travel, conferences and schools under the Civil Defense budget. Motion unanimously approved. Fire Chief Lloyd Schlueter was present to review potential budget cuts. The motion was made by Alderman Beatty, seconded by Alderman Carls, to cut $1,400.00 from the Fire Department budget pursuant to the memorandum of the Fire Chief. Motion unani- mously carried. NJ COUNCIL MINUTES FEBRUARY 19, 1982 Building Official Homer Pittman was present to discuss the deletion of the part -time Building Inspector. It was noted that this money was programmed in the event Bud Willard would return to work if his disability permitted him to do so. After dis- cussion, a motion was made by Alderman Beatty, seconded by Alderman Gruenhagen, to cut a total of $10,575.00 for the part -time Building Inspector. Motion unanimously approved. The motion was made .by Alderman Beatty and seconded by Alderman Mlinar to remove $700.00 from the maintenance account for sign replacement. Motion unanimously ap- proved. Cal Rice, representing the Engineering Department, was present to review the recom- mended cuts from City Engineer Priebe. After discussion, the motion was made by'Aid erman Beatty, seconded by Alderman Mlinar, to cut a total of $7,000.00 from the`n - gineering Department budget._ Motion carried unanimously.` City Administrator Plotz_ presented -a correspondence from Rufus Alexander, Manager of Hutchinson Utilities, for a reduction in street lighting along Main Street from High- way 7 to Linden Avenue, also one -half of the street lights from the Velvet Coach to Happy Chef along Highway 7. Total savings of $8,165.00. The motion was made by Ald- erman Beatty, seconded by Alderman Gruenhagen, to cut $8,165.00 from the Utilities budget for street lighting. Motion unanimously approved. The motion was made by Alderman Beatty and seconded by Alderman Carls to trim $5:;000.00 from the storm sewer budget for the Vac -all sewer jet. Motion unanimously approved. The deletion of reserving $2,500.00 for Christmas decorations was discussed. The motion was made by Alderman Gruenhagen, seconded by Alderman Beatty, to delete $2,500.00 for the Christmas decoration reserve of 1982. Motion carried unanimously. It was moved by Alderman Beatty to adjourn the meeting. Seconded by Alderman Mlinar, the motion was unanimously approved. -2- • • 0 0 MINUTES SPECIAL MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 23, 1982 Mayor DeMeyer called the meeting to order at 5:00 P.M., with the following members present: Alderman Mike Carls, Alderman John Mlinar, Alderman Ted Beatty, and Mayor James G. DeMeyer. Absent: Alderman Kenneth Gruenhagen. Also present: City Adminis- trator Gary D. Plotz, City Accountant Kenneth B. Merrill, Staff of Parks and Recre- ation Department and Forestry. The purpose of the meeting was to discuss reductions in the Parks, Recreation, and Forestry budget. Bruce Ericson, Parks and Recreation Director, was present to review proposed cuts. The motion was made by Alderman Beatty, seconded by Alderman Carls, to cut a total of $13,805.00 from the Parks, Recreation and Forestry budget, which included a cut of $550.00 from Parks /Recreation Administration, $3,055.00 from Recreation, $3,600.00 from Civic Arena and $6,600.00 from Parks /Forestry. It was decided to leave the capital outlay budget as stated for tennis courts and playground equipment. After discussion, the motion was unanimously approved. Director Ericson reviewed potential cuts of the Old Armory budget in view of the an- ticipated closing of the building within 30 days. A motion was made by Alderman Mlinar, seconded by Alderman Beatty, to strike the total of $6,800.00 from the Old Armory building budget. Motion unanimously approved. It was moved by Alderman Beatty, seconded by Alderman Carls, to adjourn the meeting. Motion unanimously approved. N_ REGULAR MEETING - TUESDAY, 1. CALL TO ORDER 11 MINUTES HUTCHINSON CITY COUNCIL MARCH 9, 1982 The meeting was called to order.-by Mayor DeMeyer at 7:30 P.M., with. the follow- ing present: Alderman.Mike_Carls., Alderman John Mlinar, Alderman Kenneth Gruen - hagen and Alderman Ted Beatty (arrived at 7:45 P.M.), in addition to Mayor James G. DeMeyer. Absent: None. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Keith Duehn of the Bethlehem United Meth- odist Church. 3. MINUTES The minutes of the special meetings of February 9, 1982 and February 16, 1982 were approved as read upon motion by Alderman Carls, seconded by Alderman Mlinar and carried unanimously. The minutes of the regular meeting of February 22, 1982 were approved as -read upon motion by Alderman Carls, seconded by Alderman Gruenhagen and unmri-mously carried. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR FIRE MARSHAL TO ATTEND INTERNATIONAL ASSOCIATION OF ARSON INVESTIGATORS ANNUAL MEETING ON MARCH 10, 1982 Following discussion, it was moved by Alderman Carls to grant permission for the Fire Marshal to- attend the annual meeting. Seconded by Alderman Mlinar, the motion carried unanimously. (b) CONSIDERATION OF REQUEST FOR BUILDING OFFICIAL TO ATTEND MINNESOTA BUILDING OFFICIALS_ASSOCIATION MEETING ON MARCH 17, 1982 After discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Mlinar, to approve the request for the Building Official to attend the Minnesota Building Officials Association Meeting. Motion unanimously carried. 6. RESOLUTIONS AND ORDINANCES 19 COUNCIL MINUTES MARCH 9, 1982 (a) ORDINANCE NO. 2/82 - ORDINANCE AMENDING SECTION 715:20 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "NO PARKING AREAS," BY ADDING SUB - DIVISION NO. 11 THERETO, RELATIVE TO "PARKING, LOCAL REGULATIONS" Objections were expressed by Richard Schmidtbauer and the manager of the apartment building at 215 Echo Circle regarding-no parking on one side of the street on Echo Circle. They stated additional parking space was needed for visitors of occupants in the apartment building. It was pointed out that space must be available for fire apparatus to get into the area. Also, cars parked in the Circle create a problem for snow removal. Following discussion,- it was moved by Alderman Carls to 'amend the ordinance - to read: "No parking on the north side of Echo Circle straight -of -way from 2:00 A.M. to-6:00 A.M. and at any time within the cul de sac." The motion was seconded by Alderman Mlinar and carried unanimously. It was moved by Alderman Carls, seconded by Alderman Mlinar and unanimously carried, to waive the second reading and adopt amended Ordinance No. 644 en- titled Ordinance Amending Section 715:20 of the 1974 Ordinance Code of the City of Hutchinson, Entitled "No Parking Areas," By Adding Subdivision No. 11 Thereto, Relative -to "Parking, Local Regulations." (b) RESOLUTION NO. 7085 - .RESOLUTION FOR PURCHASE After discussion, Alderman Mlinar moved to waive - reading and adopt Resolu- tion -No. -7085 entitled Resolution for Purchase.- The motion was seconded by Alderman Carls and unanimously carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY REPORT OF BUILDING OFFICIAL - FEBRUARY 1982 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF AIRPORT COMMISSION DATED FEBRUARY 17, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF SENIOR ADVISORY BOARD DATED FEBRUARY 10, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. -2- W COUNCIL MINUTES MARCH 9, 1982 8. UNFINISHED BUSINESS • (a) CONSIDERATION OF AWARDING BID FOR 3/4 TON PICKUP FOR FIRE DEPARTMENT Fire Chief Schlueter reported two bids were received on February 16, 1982 for a 3/4 ton pickup. -- It was the recommendation of the Fire Department to award the bid to the lowest bidder, Swanke Motors, for a total cost of $10,680.94. He further reported that $680.94 would be paid from the rural account and the remainder from the city account.. Following discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Carls, to award the bid for a 3/4 ton pickup to Swanke Motors. Motion-unanimously-.carried. (b) UPDATE REPORT ON PUBLIC BUILDINGS MEETING BUILDING CODE AND FIRE CODE (DEFERRED FEBRUARY 22, 1982) Fire Marshal Field reported he had completed- inspecting - another -city build - ing and will have reports on the other buildings for the next Council meet- ing. Also, he stated the State Fire Marshal will review the completed in- spections prepared by him. He asked the State Fire Marshal to review the reports inasmuch as questions had been raised regarding the City Fire Mar- shal's interpretation of the fire codes. Building Official Pittman suggested that it might be wise to have a report on -.one building at a time, rather than all at one time, inasmuch as there might be a lot of necessary repair within a limited amount of time. Attor- ney Schaefer then suggested that the Fire Marshal and Building Official pre- pare reports on the public buildings first and do the other buildings last. It was moved by Alderman Beatty to defer the report to the next City Council meeting. Seconded by Alderman Gruenhagen, the motion carried unanimously. (c) CONSIDERATION OF 1982 IMPROVEMENT PROJECTS: (DEFERRED JANUARY 26, 1982) 1) PROJECTS 82- 23_,.,and._82 -29 At the February 9, 1982 City Council meeting Alderman Mlinar had requested the City Attorney to determine the number of accesses., required for the Clifton Heights area. The City Attorney reported it was his opinion that it was not mandatory for the City to provide more than one access at this time providing it was in the plan. City Engineer Priebe stated there was long -range planning for the access, and the right -of -way had been provided. Prior to the Clifton Heights area coming into the City, provision for the access was made through basic platting of the Santelman's Addition. At present the undeveloped land is being used for agriculture, and the property owner has not re- quested anything. -3- COUNCIL MINUTES MARCH 9, 1982 Following discussion, it was moved by Alderman Carls to delete Projects 82 -23 and 82 -29 from the list at this time. Seconded by Alderman Mlinar, the motion unanimously carried. 2) PROJECT 82 -34 City Engineer Priebe reported this was a state aid project, and the streets would be built to a nine -ton road standard. An unidentified man commented there had been no street maintenance for the last two years, and the traffic on the road had declined. _M After discussion, Alderman Beatty moved-to reject-Project 82 -34 for 1982 and reconsider it in 1983.- The motion was- seconded by Alderman Carl and unanimously_ carried. 3) PROJECT 82 -35- M. City Engineer Priebe commented that in 1981 the major portion of the streets in the area of Lynn Road and Dale Street were completed. The curb and gutter was installed in 1973. This project would provide bituminous surfacing. Following discussion, the motion was made:by Alderman Carls, seconded.. by Alderman Beatty and- carried - unanimously -, -that in view of the.cost of the project it be deleted -from the project list. 4) PROJECT 82 -36 After discussion, Alderman Carls moved to discontinue consideration of Project 82 -36 at this time.and drop it from the list. Seconded by Ald- erman Mlinar, the motion unanimously carried. 5) PROJECT 82 -39 Following discussion, it was moved by Alderman Beatty to reject Project 82 -39. The motion was seconded by Alderman Carls and carried unanimously. 6) PROJECT 82 -40 Mr. Delbert Crotteau of 406 Monroe Street stated he was opposed to the project because of the cost. He also remarked that his wife had sur- - veyed the residents on Monroe and 90% were against the project. Mayor DeMeyer read a copy of the letter received from Shirley Crotteau, dated February 22, 1982. Out of 50 families contacted, 45 families ob- jected to the improvements at this time. There has been little mainten- ance done in this area. -4- • 0 COUNCIL MINUTES MARCH 9, 1982 Mr. Leslie Smith of 346 Monroe Street stated he also represented the resident at 306 Monroe Street as well as the McLeod County Fair Board. They were all opposed to the project. After discussion, the motion was made by Alderman Mlinar to reject Proj- ect- 82 -40, 82 -43 -and 82 -44. Seconded by Alderman Carls, the motion unan- -- imously carried. 7) PROJECT 82 -41 City Engineer Priebe reported this is a joint city and county project. Maintenance Operations Director - Neumann stated -that Second. Avenue is one of the roughest -and heaviest- traveled - streets in town. He felt.-the proj- ect should be approved. Following discussion, the motion was made by- Alderman Beatty, seconded - by Alderman Mlinar,.to approve Project 82 -41. The motion unanimously carried. 8) PROJECT 82 -42 City Engineer Priebe stated this project includes sidewalk improvements in the assessment district. The project- -would go -out as far as Lynn Road and Dale Street. After discussion, it was moved by Alderman Beatty to approve Project 82 -42 for 1982. Seconded by Alderman Gruenhagen, the motion carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 7088 entitled Resolution Ordering Improvement and Preparation of Plans, Projects 82 -41 and 82 -42. Motion carried unanimously. (d) CONSIDERATION OF 1982 TREE PLANTING POLICY (DEFERRED DECEMBER 22, 1981) Parks and Recreation Director_ Ericson reported the tree planting policy had been presented to the -- Council in - December, 1981, and a question came up re- garding trees in subdivisions. The policy was, therefore, referred back to the Tree Board for-further-study. City Engineer Priebe commented that there were only two subdivision agree- ments during 1981 which included trees under the new policy. The two agree- ments could be amended to concur with the 19.82 tree planting policy. Following discussion, Alderman Beatty moved to adopt the 1982 tree planting policy as presented by the Tree Board and amend the two 1981 subdivision agreements to be included in the new plan. Seconded by Alderman Gruenhagen, the motion unanimously carried. -5- COUNCIL MINUTES MARCH 9, 1982 9. NEW BUSINESS (a) CONSIDERATION OF SPECIAL USE PERMIT FOR SWANKE MOTORS, INC. Swanke Motors, Inc. requested a renewal of their special use permit for use of the City boulevard fronting Washington Avenue at the junction of Washing- ton and Adams Street for a one -year period. After discussion, the motion was made by Alderman Carls -to approve the re- quest and issue a special use permit to Swanke Motors, Inc. Seconded by Alderman Beatty, the motion carried unanimously. (b) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL- .PERMIT -BY BRIAN BLOCK 4 Following discussion, Alderman Gruenhagen_ moved to approve the applicatup and issue a snow- removal- permit --to Brian - Block. =The motion was - seconde4ly Alderman Beatty and unanimously carried. (c) CONSIDERATION OF OPTION TO PURCHASE (RUSSELL J. MEADE) City Attorney Schaefer stated that the option to purchase from Russell Meade was a straight forward option in which the property owner was requesting a $500.00 payment for purchase price of the option and- $190,000.00 purchase price for the property. Since there had been no-appraisal of the property, the price had been set by Mr. Meade.- The-City Attorney inquired if --the Coun- - cil wished to set a precedent by paying -for an option in negotiating or leave the option at a minimum fee. City Administrator Plotz,commented that he and the City Attorney had encoun- tered difficulties in securing signatures of property owners on options with- out prior appraisals. They had not been authorized to secure appraisals on the property. After discussion, it was moved by Alderman Beatty to reject the option to purchase and purchase price and to authorize appraisals on future negotia- tions for downtown parking sites. Seconded by Alderman Mlinar, the motion unanimously carried. It was pointed out that not all appraisers are qualified to give appraisals on commercial property. There are only two certified appraisers in the area, and they do not want to _perform this type of appraisal. Alderman Beatty moved to authorize the City Administrator and City Attorney to contact and hire a certified appraiser to perform appraisals on the sug- gested parking lot sites. The motion was seconded by Alderman Mlinar -and carried, with Aldermen Carls, Mlinar, Gruenhagen and Beatty voting aye and Mayor DeMeyer voting nay. -6- • COUNCIL MINUTES MARCH 9, 1982 • Following further discussion, it was moved by Alderman Gruenhagen that a cap of $1,000.00 City cost be established for the appraisal on the S &L build- ing. Seconded by Alderman Beatty, the motion unanimously carried. Mayor DeMeyer requested that the City Engineer prepare a layout of the pro- posed parking lot sites in the downtown parking district and determine the - number of parking spaces available within the lot(s). (d) CONSIDERATION OF MANAGEMENT PLAN FOR SENIOR CENTER Personnel /Transit Coordinator Sitz reported that both the Senior Advisory Board and HRA Board had approved the proposed management plan for the Sen- ior Center, - - After -discussion, the motion was made by- Alderman - Gruenhagen to approve the management plan for-the Senior Center. - Seconded by Alderman.Beatty, the. mo- tion carried--unanimously. (e) CONSIDERATION OF REPORT OF SUBSTANTIAL COMPLETION ON NEW FIRE STATION AND AUTHORIZATION TO VACATE EXISTING FIRE STATION BY MARCH 12, 1982 Mr..John Korngiebel of- Korngiebel Architects reported two inspections- were made of the new fire station building, and it was recommended that -the Coun- cil accept the building. -- Mr. Todd-- Schnobrich commented on the remaining uncompleted work on the build- ing. The exterior painting and repair of the roof leak will be done in the spring_ It was pointed out - -that the Firestone- Company guarantees -the roof on the fire station for a period of 10 years. Also, the block will be sealed with a clear sealer. The interior work is basically completed. Discussion was given to the amount of money withheld in escrow for the.gen- eral contractor, and it was determined by the Council that 5% should be with- held on the total contract. It was moved by Alderman Beatty to_aceept,the.xeport and authorize reloca- tion of the fire station and to withhold 5% in escrow on the general contract._ Seconded by Alderman Carls, -the motion unanimously carried. The motion was made by Alderman- Gruenhagen to withhold 5%-of the balance due to the mechanical and electrical contractors— Seconded by Alderman - Mlinar, the motion carried unanimously. (f) CONSIDERATION OF MONITORING OFF- STREET PARKING LOTS -7- COUNCIL MINUTES MARCH 9, 1982 City Administrator Plotz reported that the CETA program had a six -month posi- tion available, and they would be responsible for all payroll and fringe bene- fits. One applicant, Burton Euerle, would be interested in monitoring the City's off - street parking lots for six to eight hours per day. He would be under the supervision of the Police Department. It was the consensus of the Council that a CETA employee could be beneficial in gathering data on the movement of traffic in the city -owned off - street parking lots located between Hassan and Franklin Streets. It was moved by Alderman Carls to approve the monitoring position through the CETA program. The motion was seconded by Alderman Mlinar and carried unani- mously. (g) CONSIDERATION OF ACCEPTING - APPLICATION -AND $1, 000 --FEE= =FROM MILLER,-- MILLEK .&_ MAC TO PROCEED - W-I--TH INDUSTRIAL REVENUE -BOND_ : City Administrator Plotz reported that Miller, Miller & Mac needed preliminary approval from the City Council to proceed with the S &L project. They have, therefore, submitted an application for industrial revenue bonds and the re- quired $1,000.00 fee. A public hearing will be held at a future established date. Following discussion, ,the - motion -was made by Alderman - Carls;-- seconded- by -Ald -- - erman Gruenhagen, to approve the application for industrial revenue bonds sub- mitted by Miller, Miller & Mac. Motion unanimously carried. (h) CONSIDERATION OF ESTABLISHING-- PUBLIC HEARING DATE OF APRIL 13 1982 FOR AMENDMENT TO TAX INCREMENT PLAN TO ACCOMMODATE DEVELOPMENT OF S &L PROPERTY (PRESENTATION BY BILL FAHEY) Mr. Bill Fahey, financial consultant from Ehlers & Associates, stated he had summarized the proposal for the S &L project submitted by Miller, Miller & Mac. He then presented three options the Council could consider for financing the project cost through tax increment. Mr. Gayle Wick indicated that since the Council intended to amend the tax increment plan, it-could be expanded to include other civic projects, ie., upgrading City buildings, addition to the Library, and _a new activities build- ing. The City would have a source of funds through the tax increment to do some of the things they wished to accomplish for the community. Mr. Fahey responded that he was awaiting an opinion from the legal counsel as to whether the City could use tax increment financing in this manner. Mrs. Clarice Coston, Executive Vice President of the Chamber of Commerce, expressed concern that if the Council chose Option C, it would affect the funds set aside for the railroad project. She reported the Burlington_,North- ern Railroad representatives had been to Hutchinson in December and did a -8- • w • • COUNCIL MINUTES MARCH 9, 1982 user -by -user survey to determine by ing the..-railroad from Hutchinson to not prove to the railroad that the if they altered the funds set aside early spring the feasibility of upgrad- Minneapolis or abandoning it. This would City was serious about upgrading its track for this purpose. Mr. Wick continued to raise questions concerning the legality of the 1980 tax increment bond and the 1981 parking bonds. To his inquiry, Mr. Fahey responded that it was the position of his firm that he would no longer deal directly with Mr. Wick, but rather that all legal matters would be handled by the legal field and transferred to the City Attorney. Further, Mr. Fahey stated that in previous private conversation with Mr. Wick reference had been made to possible litigation. Therefore, in the future Mr. Fahey would only respond to questions through the City Council..,or City Attorney. Mayor DeMeyer informed the Council that he had sought counsel with the State Auditor's Office regarding the tax increment bonds and parking bonds, and the attorneys there showed concern about them. Attorney Schaefer stated this was the first he was aware the State Auditor's Office had been contacted and had any concern. He then remarked that if there was any potential for any litigation, the proper procedure would be to chan- nel questions of Mr. Fahey through the City Attorney or City Council. - Then Mr. Fahey would answer the questions. Both Mr. Fahey and Mr. Jerry Gillagan of the Dorsey law firm, who were present at the February 22, 1982 Council meeting, had stated the tax increment _plan was in fact legal. There is noth- ing at the present time to indicate otherwise. Following discussion, it was the general consensus of the Council to choose Plan A for the S &L redevelopment project /tax increment financing, with the following estimated project cost: Acquisition of Land and Building $160,000.00 Less Land Sale 70,000.00 Net Project Cost 90,000.00 Cost of Issuance 7,000.00 Subtotal 97,000.00 Capitalized.Interest 28,000.00 Project Cost to Be Financed 125,000.00 It was moved by Alderman Mlinar to approve Plan A for the financing of the S &L project. Seconded by Alderman Beatty, the motion unanimously carried. -9- COUNCIL MINUTES MARCH 9, 1982 (i) CONSIDERATION OF REQUEST BY CITIZENS BANK & TRUST CO. FOR SIX PARKING SPACES LIMITED TO 15- 1:INUTE PARKING After discussion, the motion was made by Alderman Beatty to refer the request to the Chief of Police for comments. The motion was seconded by Alderman Carls and carried unanimously. (j) CONSIDERATION OF RELOCATION OF RECREATION OFFICES AND MOTOR VEHICLE DEPARTMENT City Administrator Plotz reported there were several locations available for possible rental space to relocate the Recreation offices and Motor Vehicle Department.:__It was suggested-that the City enter into a short - term lease ar- rangement. The second_ floor -of City Hall has two offices that could be ,used by the Recreation Department. -- - - ��. Alderman Beatty moved -to relocate the Recreation Offices from the Old Armory to the second floor of City Hall. The motion.was seconded by Alderman Gruen - hagen and carried unanimously. It was reported that two locations could be utilized by the Motor Vehicle De- partment. The former recruiting office in the old hotel would rent for $350 per month or $325 per month for a one- year -lease. - The former Shopper-is Guide_ office located on Washington Avenue East- would -be available for -$325 per ponth-, including heat. Of the two locations, the latter would be a better choice. Following discussion, the motion was made by Alderman Beatty to relocate the Motor Vehicle Department from the Old Armory basement to the former Shopper's Guide office, with a 6 -month lease and one -month renewal, with 30 days notice. Seconded by Alderman Mlinar, the motion unanimously carried. (k) CONSIDERATION OF BOARD OF REVIEW ON MAY 21, 1982 AT 10:00 A.M. The City was notified by the County Assessor that May 21, 1982 at 10:00 A.M. was the date set for the City's Board of Review. After discussion, it was moved by Alderman Gruenhagen, seconded by Alderman Beatty, to-approve the date of May 21, 1982 at 10:00 A.M. for the Board of Review. Motion carried unanimously. (1) CONSIDERATION OF REQUEST FOR 30 -DAY EXTENSION FOR HOSPITAL AUXILIARY_ THRIFT SHOP AT OLD ARMORY A request was submitted by the Hutchinson Community Hospital for an extension of 30 days to allow the Hospital Auxiliary Thrift Shop to occupy and conduct business in the basement of the Old Armory. An alternative would be a 30- day extension for storage in the present location. The Thrift Shop has been unable to find another location. -10- COUNCIL MINUTES MARCH 9, 1982 • After discussion, the motion was made by Alderman Beatty to approve a 30 -day extension for the Hospital Auxiliary Thrift Shop to occupy and conduct busi- ness in the basement of the Old Armory. Seconded by Alderman Mlinar, the motion unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported on two legislative bills. The special leg- islation for release of the DNR easements on the bass pond property received favorable approval from a committee and was scheduled to go --to the floor as an attachment to another DNR` bill. --The- proposed landfill sur- charge on non- hazardous waste was deleted from the proposed legislation. Mention was -made that - the State - Auditor, Arne-Carlson, would -be visiting-- Hutch- inson on March 16, 1982 at 1:00 P.M.-to determine -the- City's fiscal health - profile. He will also hold a press conference at 2:00 P.M. from City Hall. Mr. Plotz reported on appraisals for the LAWCON Parks Grant, S &L property, and Downtown Parking Program. A survey was taken of the Hutchmobile riders to determine whether the'City_ should increase.the fares by lOG per ride or reduce the telephone - answering service by dispatchers to four hours per -day. It was an overwhelming vote by the riders to increase the fare by lftl per ride, and this change in fare will be put into effect. It was pointed out by City Administrator Plotz that the City had not acknowl- edged the many years of service of the former Mayor, Ralph D..Westlund, and Councilman, Milton Lueneburg. It would be in order to adopt a Resolution of Appreciation and present plaques, which the City already has in stock. The motion was made by Alderman Mlinar to acknowledge the years of service of the former Mayor, Ralph D. Westlund,and to waive reading and adopt Resolution of Appreciation. Seconded by Alderman Beatty, the motion carried unanimously. The motion was made by Alderman Mlinar to acknowledge the years of service of Councilman Milton Lueneburg - and to waive reading and adopt Resolution of Ap- preciation. The motion was seconded by Alderman Beatty and unanimously car- ried. It was moved by Alderman- Mlinar -to- present plaques to.- Ralph _D._Westlund and Milton Lueneburg in acknowledgment of their service to the City of Hutchin- son. Seconded by Alderman Carls, the motion carried unanimously. -11- COUNCIL MINUTES MARCH 9, 1982 Mr. Plotz requested permission to attend a Region 6 -E Industrial Park Sem- inar on March 18, 1982. It was moved by Alderman Beatty, seconded by Alderman Carls, to authorize the City Administrator to attend the Region 6 -E Seminar. Motion unanimously carried. The Council members were reminded of the ribbon cutting ceremony at the new fire station scheduled for 5:30 P.M.-on March 10- 1982 (b) COMMUNICATIONS FROM PERSONNEL COORDINATOR Personnel Coordinator Sitz stated- she - -and the Police Chief would.like,to - t- tend a jointly sponsored meeting of the League of Cities and Coalition of -j-,, Outstate Cities on March 18, 1982. The only cost involved would -be for the. noon meal -and mileage. It was moved by Alderman Beatty to approve the Personnel Coordinator and Police Chief to attend the meeting on March 18, 1982. Seconded by Alderman Gruenhagen, the motion carried unanimously. (c) COMMUNICATIONS FROM CITY ENGINEER City Engineer Priebe reported that.when Governor Perpich was in office, the - Region 6 -E did a study for transportation needs, and he served on the comr.- mittee. The committee has been reactivated for another study,-and he re quested permission to attend a meeting on March 11, -1982 in Willmar. There would be no cost involved. The motion was made by Alderman Gruenhagen, seconded by Alderman Beatty, to approve the request for the City Engineer to attend the Region 6 -E committee meeting. Motion unanimously carried. (d) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schaefer commented on the two memorandums distributed to the Council from him. He pointed out there was a correction on page two, second paragraph, regarding the memo on the Ordinance No. 28/81. The first reading of the Ordinance was adopted by a four to one vote; the second reading was unanimous with -a three to zero vote (two Aldermen were absent from the meet- ing). The memorandum had indicated a five to zero vote.- (e) COMMUNICATIONS FROM ALDERMAN BEATTY Alderman Beatty suggested that perhaps the City should establish a snow re- moval assessment district and charge the private property owners who used to receive free snow removal. With all the businesses hiring different haulers, there could be a hazard of the private haulers' trucks running into or inter - fering with City snow removal equipment. • -12- 0 COUNCIL MINUTES MARCH 9, 1982 City Attorney Schaefer stated that this would be in competition with free enterprise. (f) COMMUNICATIONS FROM ALDERMAN CARLS Alderman Carls reported the Parks and Recreation Board had been considering installing electronic games in the Hutchinson Civic Arena. A petition with 144 signatures was received in opposition of the electronic games being put into the Civic Arena. Mr. Carls presented the petition to the Council. Alderman Carls commented on the length of the Council meetings the last few weeks and suggested that either the Council hold more meetings, if necessary, or use the established Council Workshop time for presentations -to reduce the- - time at the regular meeting. The other Council members were in consensus that an effort should -be made to complete City business at an earlier hour. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Gruenhagen, seconded by Alderman Beatty and carried unanimously, to approve the verified claims and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 11:40 P.M. upon motion by Alderman Gruenhagen, seconded by Alderman Carls and unanimously carried. -13- MINUTES SPECIAL MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 16, 1982 The special meeting of the City Council was called to order by Mayor DeMeyer at 4:30 P.M., with the following members present: Alderman Mike Carls, Alderman Kenneth Gruen - hagen, Alderman Ted Beatty and Mayor James G. DeMeyer. Absent: Alderman John Mlinar. Also present: City Administrator Gary D. Plotz, Police Chief Dean O'Borsky, and Parks and Recreation Director Bruce Ericson. The Recreation Director presented a proposal to hold a concert on Saturday, August 7, 1982. The concert would follow a day of softball tournaments. Mr. Bruce. Ericson re- ported that tickets would sell at $5.00 each and 300 people would be needed to break even on the concert. A motion was made by Alderman Gruenhagen,.seconded by Alderman Beatty, to sign a -con tract for the two bands (RockaDots and Chaneleon) in the amount of $1,500.00. Motion unanimously approved. Chief of Police O'Borsky reviewed the incident of several years ago regarding the robbery at National Food Store and the wounding of Officer Scott Johnson. Mr. John- son had requested the Police Chief to request the City Council for permission to ob- tain the gun used in the shooting. Dean O'Borsky stated that there is no longer any evidence obtainable from the gun and that the City would not be responsible for any further actsy if any, utilizing this weapon. The motion was made by Alderman Carls, seconded by Alderman Gruenhagen, to sell the pistol to Scott Johnson for the amount of $1.00. Motion unanimously approved. There being no further business, the meeting adjourned at 4:40 P.M. .30 0 RESOLUTION NO. 7089 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Agri Lime 600 Ton $5,490 Softball Fields Park Yes Bryan Rock The following items were authorized due to an emergency need: ITEM I COST I PURPOSE I DEPT. (BUDGET I VENDOR Date Approved: Motion made by: Seconded by: Resolution submitted for Council action by: -- _--- i Rl:VIiNIJE REPORT I)uscri ption '1'r \XtiS IA CLNSES • IT1011TS AND FEES FINANCING FEES 1N'ITR- GOVERNMENT REVENUE CI :DII:'l'L'RY PERPETUAL CARE FUND CHARGES FOR SERVICES DINES AND FORFEITS SAL]; OF EQUIPMENT CERTIFICATES MISCELLANEOUS REVENUE CONTRIBUTIONS FROM OTHER FUNDS • REVENUE FOR OTHER AGENCIES. WATER & SEWER FUND WATER & SEWER UTILITIES $ 51,748.13 $2,751,932.00 $ 75,300.58 $ 917,300.00 108,002.58 $ 149,388.33 REMAINING BALANCE $0,000,000.00 855,303.00 11,136.66 34,596.73 1,000.00 870,954.13 (100.00) 280,332.75 22,918.95 60,000.00 135,080.74 372,450.00 256.46 ,2,643,929.42 $ 767,911.67 i PERCENTAGE USED .8 3.9 50.0 4.9 9.0 11.9 18.0 14.5 3.9 16.3 CITY OF HUTCHINSON FINANCIAL REPORT FOR February, 1982 CURRENT ADOPTED YEAR TO MONTH BUDGET DATE AMOUNT $0,000,000.00 $0,000,000.00 $0,000,000.00 000 855,303.00 000 000 11,232.00 95.34 505.95 36,000.00 1;403.27 1,000.00 2,000.00 1,000.00 26,421.17 915,998.00 45,043.87 000 000 100.00 10,463.01 307,959.00 27,626.25 1,313.89 26,000.00 3,081.05 000 60,000.00 000 11,976.99 164,640.00 29,559.26 50.00 372,500.00 50.00 17.12 300.00 43.54 $ 51,748.13 $2,751,932.00 $ 75,300.58 $ 917,300.00 108,002.58 $ 149,388.33 REMAINING BALANCE $0,000,000.00 855,303.00 11,136.66 34,596.73 1,000.00 870,954.13 (100.00) 280,332.75 22,918.95 60,000.00 135,080.74 372,450.00 256.46 ,2,643,929.42 $ 767,911.67 i PERCENTAGE USED .8 3.9 50.0 4.9 9.0 11.9 18.0 14.5 3.9 16.3 r EXPENSE REPORT CITY I)EC.R I P`I'ION (;l:Nl�;ftAl_. FUND FINANCIAL REPORT FOR February, MAYOR t, COUNCIL CITY ADM. /CITY CLERK • ELECTIONS REMAINGING FINANCE BUDGET MO'T'OR VEHICLE BALANCE ASSESSING 0,000,000.00 LEGAL 0,000,000.00 PLANNING 32,157.00 CITY lHALL 26,780.04 ULi) ARMORY 91,306.00 POLICE DEPARTMENT 72,392.06 I, RE DEPARTMENT 8,678.00 COMMUNITY SERVICE OFFICER 8,677.80 PRO'TECT'IVE INSPECTIONS 137,092.00 CIVIL DEFENSE 116,985.50 SAFETY COUNCIL 47,127.00 FIRE MARSHALL 38,055.51 ENGINEERING CITY OF HUTCHINSON FINANCIAL REPORT FOR February, 1982 CURRENT ADOPTED YEAR TO REMAINGING MONTH BUDGET DATE AMOUNT BALANCE 0,000,000.00 0,000,000.00 0,000.000.00 0,000,000.00 2,083.84 32,157.00 5,376.96 26,780.04 7,467.61 91,306.00 18,913.94 72,392.06 .20 8,678.00 .20 8,677.80 9,682.82 137,092.00 20,106.50 116,985.50 3,800.53 47,127.00 9,071.49 38,055.51 00 16,874.00 00 16,874.00 4,056.22 27,268.00 6,078.48 21,189.52 48.69 1,725.00 73.69 1,651.31 3,214.23 36,632.00 7,913.56 28,718.44 2,411.58 25,012.00 5,710.61 19,301.39 39,908.72 488,483.00 96,198.10 392,284.90 1,794.02 129,255.00 7,404.10 121,850.90 1,820.95 25,789.00. 4,685.28 21,103.72 2,990.81 47,551.00 7,315.60 40,235.40 00 550.00 45.50 504.50 00 150.00 00 150.00 2,311.27 30,786.00 5,565.32 25,220.68 10,940.64 137,022.00 24,921.13 112,100.87 PERCENTAGE USED 16.7 20.7 14.7 19.2 22.3 4.3 21.6 22.8 19.7 5.7 18.2 15.4 8.3 18.1 18.2 • I:Xl'I'.NSE: REPORT CONTINUED `�'i ltl:l TS t, ALLEYS S'I'I lili'I' MAINTENANCE ACCOUNT CONSERVATION OF HEALTH L1 BRARY Sl;NIUR CITIZEN CENTER PARK /RECREATION ADMINISTRATION RECREATION CIVIC ARENA F'AI:K DEPAR'T'MENT C:L'NETERY DOWNTOWN DEVELOPMENT LAWCON 1A.AiT SERVICE A] 12PORT Tl' ANSIT UNALLOCATED GENERAL EXPENSE 11RA CURRENT MONTH 0,000,000.00 16,025.20 5,283.11 00 2,256.71 1,501.84 4,060.41 3,108.78 12,822.34 14,489.96 1,668.87 .89 1,165.89 00 974.56 4,715.14 376.40 3,835.70 $ 164,817.73 i ADOPTED BUDGET 0,000,000.00 304,918.00 78,500.00 300.00 52,537.Oq 10,268.00 50,467.00 60,169.00 87,540.00 245,249.00 31,859.00 000 110,430.00 55,668.00 47,775.00 65,994.00 266,651.00 000 $2,751,782.00 YEAR TO DATE AMOUNT 0,000,000.00 49,599.60 12,104.14 00 13,413.32 2,431.69 9,857.41 7,582.25 25,565.39 35,235.15 4,684.25 25.95 7,488.74 18,135.22 5,979.47 11,074.11 376.40 9,484.22 REMAINING BALANCE .00 2S5,318.40 66,395.86 300.00 39,123.68 7,836.31 40,609.59 52,586.75 61,974.61 210,013.85 27,174.75 25.95 117,918.74 37,532.78 41,795.53 54,919.89 266,274.60 9,484.22 -r $ 417,472.79 $-'2,334,309.21 PERCENTAGE USED 16.3 15.4 25.5 23.7 19.5 12.6 29.2 14.4 14.7 6.8 32.6 12.5 16.8 .1 15.2 ,p,' . I:XI'I?NSE REPORT CONTINUED DESCRIPTION WATER & SEWER FUND WATER � SEWER ADMINISTRATION WATER PLANT OPERATIONS 51'WER PLANT OPERATIONS - CITY OF HUTCHINSON FINANCIAL REPORT FOR Epbruar)Z- 1482 CURRENT ADOPTED YEAR TO REMAINING PERCENTAGE MONTH BUDGET DATE AMOUNT BALANCE USED 0,000,000.00 $0,000,000.00 0,000,000.00 0,000,000.00 29,867.52 810,234.00 66,873.77 743,360.23 8.3 4,346.67 1,305,825.00 10,065.98 1.1,295,759.02 .8 14,034.29 135,750.00 24,662.53 111,087.47 18.2 $ 49,092.94 $2,251,809.00 $ 102,446.74 $ 2,149,362.26 4.5 0 0 0 BLU2NS MANOR AMUNICIPAL 1JRSING HONE Ylinutes - February 1982 The Board of Directors for Burns Manor Municipal Nursing Home met Thursday, February 18, 1982, at Burns Manor, 12 :00 noon, President Leslie Linder presiding. All members were present. The minutes of the previous meeting were approved as presented. A motion to approve the minutes was made by Larry Graf, seconded by Eldred Miller. Motion carried. A motion by Eldred Miller, seconded by Keith Duehn, and carried to approve the bills as presented, a copy of which is attached to the minutes on file and made a part thereof. Motion carried. A motion by Gloria Dansereau, seconded by Eldred hiller, to transfer $150.00 per month from pop machine proceeds to employee fund. Motion carried. A financial report was given by David Jensen. The Administrator thanked Mr. Jensen for the ease of transition in the replacement'of the financial advisor and the new format for-financial and investment reports. The firm of Thorsen,•Campbell, Rolando & Lehne have finished Burns Manor audit. Fixed Assets (old business of 1981 that was delayed because of difficulty in estimating costs). John Deere Snowblower - $1,400.00. Paving & resurfacing circle driveway in front & back of Burns 114anor - $12,000.00. Dig out holes refill & sealer coat. Project to be finished in September 1982. Replace incandescent light -bulbs to fluorence lights in bathrooms, tub rooms, and exits, - $569000.00. Honeywell Project - firm bid, $89166.00. Insulated drapes on windows - cost ?. Entrance protection - North areas of building - $69000.00. General Savings fund interest was discussed. 7-j/-. Page 2 February 1982 1982 A motion by Keith Duehn, seconded by Eldred :tiller, to write off + $7.50 for the account of Catherine Caldwell. Notion carried. Social services has notified three patients that the Mc.,eod County Welfare,Board proposes, effective 3 -1 -82 to terminate their assistance. Citation for this action is: Instructional Bulletin #82 -6. A motion by Keith Duehn, seconded by Larry Graf, all policies and contracts are in effect. Motion carried. Admission policies will be re- evaluated. Patients have been admitted to other nursing homes from Hutchinson Hospital because of non - availability of Burns Manor beds. There being no further business, a motion by Larry Graf, seconded by Eldred Miller, meeting adjourned. Motion carried. Burns Manor Board of Directors will meet Thursday, March 18, 1982 at noon. • I Respectfully submitted, ATTEST: Leslie Linder, President c Mavi J. Geier secretary 0 1. CALL TO ORDER • MINUTES HUTCHINSON PLANNING COiiMISSION TUESDAY, FEBRUARY 16, 1982 The regular meeting of the Hutchinson_Planni.ng Commission was called to order by Chairman Don Erickson at 7:30 P.M. with the following mem- bers present: Ted Beatty, Roland Ebent, newly appointed-Jim Johnson, and Larry Romo in addition to Chr. Erickson. Absent_ -. Clint Tracy and Elsa Young. Immediately opening the meeting Chairman Erickson welcomed and intro- duced the new member Jim Johnson. 2. MINUTES " _ The minutes - of the regular- meeting dated January 19, -1982 and -the Spec- ial meeting dated January 22,-1982 were-unanimously- approved on motion- by Ted Beatty and - seconded by--Larry Romo. 3. PUBLIC HEARINGS _ (a) CONSIDERATION -OF REQUES:T`FOR ;VCONDITIONAL USE PERMIT SUBMITTED BY_HUTCHINSON- AREA VOCATIONAL TECHN_ICAL_INSTITJUTE The hearing was -opened_ by Chairman-Erickson .at 7-:.35 P -. M. with the -reading of publication »2894 as- published in:-the-Hutchinson Leader on Thursday, February 4, 1982. Mr. Larry Fraser spoke on- behalf of HAVTI explaining the portable unit is of a wood -type with bath natural gas and passive solar heat. — The unit will be used to train in the care.of the aged. This would include diet,-preparations of meals, cleaning, etc. _._ It would sit- on blocks and will have skirting and will require a building permit. Electrical and sewer hook =ups will be installed. Mr. Richard Schmidtbauer, 120-. Century ---Ave.,' inquired as to the location -of the building. Mr. Fraser replied estimate_d-it to be 400' - 450'*- =from the East line. When asked just what temporary meant, Mr. Fraser replied at the present time no funds were available and until the pressure eases he couldn't determine how long this would be. It was determined this unit would be-aised nine months out of the year. 7-Z-1. Hutchinson Planning Commission February 16, 1982 Page 2 On motion by Ted Beatty, the hearing was closed at 7:39 P.M. Seconded by Roland Ebent, the motion carried unanimously. Mr. Larry Romo then made a motion to recommend approval to the City Council of the requested conditional use permit. Seconded by Ted Beatty, the motion unanimously carried. After brief discussion, Mr. Ted Beatty made a motion to amend the motion to read the permit be reviewed and renewed in dude of 1983. Seconded by Larry Romo, the motion carried unanimously. (b) CONSIDERATION OF REQUEST FOR REZONING FROM R -2, MULTIPLE FAMILY- RESIDENCE, TO C -4, FRINGE COMMERCIAL DISTRICT SUBMITTED BY MR. ARVID ANDERSON The hearing was opened-,at 8.41 -P.M., by Chairman:Erickson with_ the reading_nf= publ- ication_b2- 895 -as published -ire the Hutchinson Leader -on Thursday.; fEbruary --4, 1982. _ Mr. Roy Clabo, 675- 4th_Avenue S.W., explained the building-'has - been used for auto repairs and is in need of repairs. It is, 53 years old and nothing has ever been done. Plans are to insulate and rewire as well as fix up a portion of the building for some light woodworking. Mr. P1otz explained -the building is nonconforming -to the present zoning and as long as-- the. - principle use,-remains-the-same it is allowed. However, -the building cannot be added on to. Mr. Clabo estimates...a- figure- _of..about $25,000: to -.be spent - fixing up the building. Our zoning ordinance states no repair exceeding 10% of-the current market value in any period of (12) twelve con - - secutive months can be done to a structure except to strengthen .or restore a building to a safe condition or update it to meet building codes. ;Roland Ebent questioned if the remodeling were done over a time span rather than all at once if it wouldn't be possible to do it without rezoning. • After discussion, it was determined that Mr...Plotz should contact the City Attorney for some clarification on this matter_. Darwin Mause, 545 Hassan S.,- stated he wanted the zoning to stay residential because-.if it were rezoned commercial and the property were sold anything could go in there. He also stated he'd like to see the building fixed up. Also questioned if the woodworking portion would create any noise problem. Hu'�Icninson Planning Corm;ission February 16, 1982 0 Page 3 Mr.. Clabo reassured him that there would not be a noise problem. Ted Beatty brought up the idea of contract zoning with the stip- ulation if the owner changed the type of use must remain the same. Mr. Jim Johnson commented he felt the Commission needed further information before they could properly act on this and then made a motion to continue the hearing at the next regular meeting. Seconded by Larry Romo, the motion unanimously carried. (c) CONSIDERATION OF REQUEST FOR REZONING FROM R- 2,- MULTIPLE FAMILY RESIDENCE, -TO C- 2,- AUTOMOTIVE SERVICE COMMERCIAL - DISTRICT SUB= MITTED BY LIPKE,-PAULSEN, t HOBBS No action was taken --on this as the request-was- withdrawn.- - 4. OLD BUSINESS None - 5. NEW BUSINESS (a) ELECTION "OF OFF1'CERS Chairman Erickson stated nominations were open for chairman. Roland Ebent nominated Don Erickson for chairman. The motion was seconded by Ted Beatty and - carried- unanimously. Mr. Ted Beatty then made a motion nominations cease and a unanimous vote is cast for Don Erickson.for chairman. Seconded by Larry Romo, the motion unanimously carried. Chr. Erickson then opened nominations for vice - chairman. Mr. Ted " Beatty then made the motion to nominate Larry Romo for vice- chair- man. Roland Ebent - seconded the motion and it carried unanimously. Mr. Roland Ebent then made-a. motion- the board cast a unanimous vote for Larry Romo -for vice- c- hairman. Seconded by Ted Beatty, the motion unanimously carried. Chairman Erickson then opened nominations for secretary. Mr. Ted Beatty then made a motion to nominate Elsa Young for secretary. Larry Romo seconded the motion and it carried unanimously. Mr. Ted Beatty then made the motion nominations cease and the board cast a unanimous vote for Elsa Young. Seconded by Larry Romo, the motion unanimously carried. Hutchinson Planning Commission February 16, 1982 Page 4 (b) COMMUNICATIONS.FROM CITY ADMINISTRATOR GARY PLOT Z7 City Administrator Plotz referred to an article in the "Action Alert" a paper put out by the League of Minnesota Cities in forming them of a bill introduced to the legislature stating a city must consider a mobile home as a manufactured home and allow it on a residential lot. After discussion, Mr_ Ted Beatty made a motion it be put on record the .Commission:--is opposed _to this bi l 1 and -this_ be passed -on to = the -Ci ty Ltouncfl .- Seconded -by Rol and - -bent,- the motion unanimously carried.-- 6. ADJOURNMENT:__ - There being no further business to come before the Commission at this time, the meeting adjourned at 8:20 P.M. on motion by Ted Beatty and seconded by Larry Romo. Motion carried unanimously. 0 0 MINUTES Parks S Recreation Advisory Board February 3, 1982 Members Present: Rollie Jensen, Mike Carls, Roy Johnsen, Don Falconer and Kathy McGraw. Also present was Bruce Ericson; Parks b Recreation Director, Cliff Paulsen; Parks Supervisor, Mark Schnobrich;Forester, Mary Haugen; Civic Arena Co- ordinator, Julie Haag from the Leader and Grace Sanstead; Secretary. The Minrntes The minutes dated January 6, 1982 were read, a motion was made by Don Falconer to approve them, seconded by Rollie Jensen. Alhortvilla Bruce stated that he has been contacted by the Albertville broomball team about playing in the -1982 Class -A tournament in Hutchinson. Al- bertville continues-to be under suspension since their participation in the 1979 Tournament in Hutchinson. Roy Johnsen felt the board should stand firm on their decision to continue the Albertville suspension. Playground Equipment Bruce showed a diagram of the playground equipment proposed for Fred Robert's Park. He explained that the connecting system and the decks are different from the equipment at Connecticut Park- they are metal. With all departments - making a 5% cut in -their budgets,- Bruce_ explained that perhaps the equipment will be cut out for this year. Roy Johnsen questioned whether the equipment could be purchased with a partial pay- ment made this year, and the balance to be paid in 1983. More informa- tion is forthcoming. Concession Stand at Robert's Park _ With the addition of Fred Robert's Park, is also an additional conces- sion stand. Bruce mentioned several organizations that are interested in leasing the stand. Roy Johnsen made'a motion to ask for bids, Rollie Jensen seconded it. A motion was made by Rollie Jensen to have the bid opening before the next meeting, Kathy McGraw seconded it. Non -Ice Time Rates at Civic Arena Rates -for non -ice time at the Civic Arena are currently $250 per day or $125 per half day. The arena will be available for use by April 1st. The school sometimes uses the arena floor in the early spring. Mike Carls questioned whether or not the arena could be available for quanity hours at a lower hourly rate. Mary Haugen stated that it was a possibility. Minnesota Recreational Sports Federation Bruce reported that Hutchinson Leagues will be affiliated with the newly organized Minnesota Recreational Sports Federation. The teams will be registered and play in tournaments through the federation. 7- d1l Parks & Recreation Advisory Board February 3, 1982 Page two Memorial from Hutchinson Women's Club Mark Schnobrich said that Rudy Clabo has inquired about planting a memorial flowering tree or shrub in Library Square. Kathy McGraw who is a member of the Library Board, commented that planting in the square would be alright as long as it was done away from the building. Communications from the Staff Mary Haugen is getting the boat show organized for this year, it will be combined with fisherman's night.' Mary has talked to the local car dealers, and they want to wait till fall so that they can show the 83' rhodels car. Mary is planning a fea market, and the Jaycee Builder's show is scheduled for the end of April_ There are six weeks of ice time left. There have been some problems with the compresors at the arena. Mary is checking on prices for replacement. Mark Schnobrich announced that Hutchinson will —again be a Tree City-USA and that 1982 is the Centennial Year. Mark hopes to get school children involved in planting. Mark received a $50 check from the Kiwanis Club, it is to be spent on tree planting in the city. Mark and Bruce have talked to John .Miller about Prairie Resortation. Miller liked the idea for the park that he had donated to the city. Cliff Paulsen, Parks Supervisor, stated that the men have been busy re- moving snow from the streets and sidewalks. Adjournment Roy Johnsen made a motion to adjourn at 5x10 p.m. seconded by Mike Carls. (612) 587 -5151 VZZ -1111 CITY OF HU%CHIPLISCtI 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: March 23, 1982 TO: Mayor. and City Council Gary D. Plotz, City Administrator Ralph Neumann, Director of Maintenance Operations FROM: George F. Field, Fire Marshal RE: City Hall 37 Washington Ave. West Hutchinson, MN Lot 6, Block 50, - -N 1/2 City ORDER The following items shall be required according to Minnesota State Statute 299F.011, the adoption of the Minneosta Uniform Fire Code. -- 1. within-five (5) days, remove carpeting from walls of the computer room or certify flammability of that product. M.U.F_C. reference to Life Safety Code 6 -2 Interior Finish. 2. Within five (5) days, provide arranged storage for paper or remove excess paper and cardboard from the computer room and storage area east of boiler room in basement. M.U.F.C. Sec. 1.210. 3. Within five (5) days, replace covers on electrical junction boxes in boiler room. 4. Within thirty (30) days, replace plaster on ceiling of the boiler room or cover entire ceiling with 5/8 x plaster board to provide fire stopping to all areas above. M.U.F.C. Sec. 1.210. 5. Within thirty (30) days, door to the interior leading to the fire escape on second floor is to be removed and replaced with a single door to open outward only. State Statute 299G.10. 6. Within ninety (90) days replace the following doors with solid core B lable fire rated doors and assemblies with self closers: orge Fiel , Fire Marshal ORDER City Hall Page 2 a. Printing room door on second floor. b. East doors to the upstairs meeting room through the stairway. c. Engineering room doors on second floor. d. Boiler room door at the top of the interior stairway. e. Close opening (formerly doorway) from corridor to Police Department at the base of the stairway with plaster or 5/8 X plaster board. f. Close doorway opening between west office upstairs and the printing room with rated material. M.U.F.C. Reference to Life Safety Code, Sec. 13 -3 Protection. 7. Electrical wiring should be evaluated, as circuit breakers have tripped during summer air conditioning- season. Recommendation 1. Due to probable cost and difficulty of replacing City records, maps, -plans, etc.. smoke detection throughout--the building- ounding..an alarm -to the -: Police Department, <thus giving an early warning in the event -of a fire•, could be very important. 2. Sprinkling the building could be cost effective. This should be checked with the insurance company. 3. The following -is an operational - feature to be considered. In the future so - as to prevent over crowding, such as,but -not limited to, public hearings, when the notification list is lengthy and projects.ar -e numerous, an alternate auditorium shall be used or number of people permitted to attend shall be limited. M.U.F.C. Compliance Sec. 1.212 (a) GFF /pv Respectfully, CITY OF HUTCHINSOON/ .-0 ge F. ield Fire Marshal • 0 r t (612) 587 -5151 ITCHV CITY OF P l UTCHIAIsaiii( 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 March 23, 1982 TO: Mayor and City Council Gary D. Plotz, City Administrator Ralph Bergstrom, President of Library Board FROM: George F. Field, Fire Marshal RE: Library, Public Square, City of Hutchinson ORDER The following items shall be. required according to Minnesota State Statute 299F.011, the adoption of the Minnesota Uniform Fire Code; 1. Within five (5) days, remove paper, cardboard boxes and other combustible items from the boiler room in and around fuel tanks. Storage of combustibles shall not be permitted at any time in that area unless in a- steel, air -tight container or cabinet. M.U.F.C. Sec. 1.210 2. Within thirty(30) days: Provide an outlet, not from a light fixture, in the boiler room and remove lamp cord light extension from light above the boiler; or add additional lighting in that area. Remove the rubber electric cord from the office on the main floor in the northeast corner of the library. This extends through a hole in the window casing to an outside light. This is to be changed to conduit with a switch, instead of a plug in for on /off. Replace cover on conduit in basement men's room. Section 1.216 M.U.F.C. Compliance with Recognized Standards refers to National Electrical Code. 3. Within thirty (30) days, lower the fire extinguisher in the corridor next to the boiler room to 4 feet off the floor for easier access. Sec. 13.301 Installation. 4. Within ninety (90) days provide a 1 1/2 hour B lable door with self — closer for the boiler room. Also, for that room the ceiling is to be covered and taped with 5/8 X plaster board to meet building code requirements. Close opening on north wall of the boiler room to the exitway. Close opening from the boiler room to the upstairs area; this to be rated with the ceiling. Fresh air intake from the outsi a is provided, however, the o �. All March 23, 1982 Library Order Page 2 motorized control is not connected; this to be done. M.U.F.C. Sec. 1.210 and Reference to Life Safety Code, Sec. 13 -3 Protection. RECOMMENDATION Where there are records and information and material that is not replaceable, a section in Volume 15 of the National Fire Codes, Sec. 232A -M refers to archives and record centers. 6 -1.5 Early Warning Detection. Smoke detection and heat detection devices. rOMMFNTARY If at some time in the future, the Library is increased in size underground, as tentative plans indicate the area may, it will have to be sprinkled. If the present building were to be sprinkled now, this historic building would be adequately protected and the cost would not be as high, plus possibly a more immediate reduction in insurance costs. There is generally no problem adding -to existing systems, one riser can protect 52,000 square feet. All items listed above, are to be complied with in the times specified above and maintained thereafter as per M.U.F.C. Compliance, Sec. 1.212 (a) Any person operating or maintaining any occupancy, premises or vehicle subject to this Code who shall permit any fire hazard to exist on premises under his control or who shall fail to take immediate action -to abate a fire hazard when ordered or notified to -do so by the Chief or his duly authorized representative shall be guilty of a misdemeanor. (b) Any order or notice issued or served as provided in this Code shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the order or notice pertains, Every order or notice shall set forth a time limit for compliance dependent upon the hazard and danger created by the violation. In cases of extreme danger to persons or property, immediate compliance shall be required. If the building or other premises is owned by one person and occupied by another, under lease or other- wise, the order or notice requires additions or changes in the building or premises such as would immediately become real estate and be the property of the owner of the building or premises, such order or notice shall be complied with by the owner unless the owner and occupant have otherwise agreed between themselves, in which event the occupant shall comply. GFF /pv cc: Homer Pittman, Bldg. Official Respectfully, CITY OF HUTCHINSO � a George F. i.eld Fire Marshal 6HUTCHINSON, 2) 587 -5151 TY OF PfUl -C �`fi SON SHINGTON AVENUE WEST MINN. 55350 M E M O DATE: March 23, 1982 TO: Mayor and City Council Gary Plotz, City Administrator Charles Nelson, Liquor Store Manager FROM: George F. Field, Fire Marshal RE: Liquor Store Inspection REPORT Only three minor electrial items were noted; all of which can be corrected with little or no expense. one electric cord will be permitted for two weeks on a temporary basis until an equipment move can be made. Another minor item, storage of unused material on top of several coolers, is to be removed. If there are any questions, please contact me. Respectfully, CITY OF HUTCHINSON i Geo ge F. field Fire Marshal GFF /pv cc: Homer Pittman, Bldg. official 8 -a. (J) 6.2)�� 587 -5151 CIYY fir HUTCHINSON 3? WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: — - March 23, 1982 — — — — — — To: Mayor and Council -------------------------------- FROM: Water Billing Department -------------------------------- SUBJECT: Delinquent Water Accounts -------------------------- - - - - -- 04- 0220 -1 -0 Gerald Ott 5 9`� 590 St. $5 8 04- 0265 -0 -00 James Deragon 540 Monroe St. S. $82.39 Pomised to Pay 3 -24 -82 04- 0370 -2-00 Wilton Soderberg 206 Monroe St. S. $45.92 04- 0375 -4 -00 Dennis Mc-Cutchen 146 Monoe St. S. $32.64 04- 0625 -2 -00 Richard Sturges 425 Uhird Ave. S.E. $57.09 04- 06750 -00 Bondex, Inc. 115 Erie St. $36.00 REFUSE ONLY 07- 0135 -1 -00 Perception Graphics 828 Franklin St. S. $36.54 METER REMOVED 07- 0360 -0 -00 Douglas Bistrup *636 Glen St. S. No Forwarding Address $10.8.34 11- 1160 -0-00 Roy Chaffee 705 Main St. N. $21.49 11- 1162 -0 -00 Esther Chaffee C:erami cs 705.Main St. N. $18.25 REFUSE CNLY 12- 0170 -0-00 Jerry Carrigan 15 Fifth Ave. N.E. $80.35 S. 12- 0300 -4 -00 Bill Nice 32 Mcleod Ave. $27.88 Will pay $10.00 March 26, 1982 Balance of $17.88 April 9, 1982 R -� DELINQUENT WATER ACCOUNTS 12- 0365 -3 -00 Elmer Paulsen *725 Oak St. N. 756 Ivy Lane $55.00 12- 0750 -8 -00 Denise Retzlaff 99 McLeod Ave. $39.43 12- 0789 -0 -00 Martin Knepp, Jr. 531 Prospect St. $65.64 $30.00 Pd. $35.64 Balance Will pay Balance 04/02/82 12- 0860 -1 -00 Dan Carrigan 524 Clark St. $35.63 12- 1037 -0 -00 Arctic Refrigeration Service 173 Fifth Ave. N.E. $52.75 REFUSE ONLY 15- 0133 -0 -00 Judy Gilmer 420 Shady Ridge Road $50.64 *SERVICE ADDRESS 15- 01880 -0 -0 Gary de 420 ecticut St.j.O" $ .14 17- 0115 -0 -00 Vince Jahner $49.96 SEWER & REFUSE ONLY 27- 0025 -1 -00 Nancy Von Bence *886 Elm St. Clinton House Apts. $82.44 $10.00 Paid $72.44 Balance Will pay $10.00 a week Reccnmend that water service be discontinued at 12:00 Noon, Monday, March 29, 1982 unless other wise noted. A.O. (Tony) Victorian (County Assessor) March 15, 1982 • Office of MCLEOD COUNTY ASSESSOR Court House Glencoe, Minnesota 55336 Mr. Gary Plotz City Clerk City Hall Hutchinson, MN. 55350 Dear Mr. Plotz: Because of- a- conflict on May 21, 1982 we would apprecite it if we could change the Hutchinson City Board of Review to May 20, 1982. Telephone 864 -5551 b�61718192��, co w ti If you are unable to change the meeting to the 20th, please let me know. Sincerely, ael' A. 0. Victorian County Assessor A0V f ar Enc: McLeod County Equal Opportunity Employer Opportunity - unity t No A.F. 4 —Notice to Clerk of Meeting of Board of Review — °Equalization '^` ° OFFICE OF COUNTY ASSESSOR TO THE CLERK OF THE f L4 OF 4/L- + e- COUNTY, MINNESOTA: NOTICE IS HEREBY GIVEN, That the e th - -day of /V a j4 at --12— o'clock -"., has been fixed as the date for the meeting of the Board of Review —*Zg4 Uz&U8s- (Stiilce out one) in your e or said year. This meeting should be held in your office as provided by law. Pursuant to the provisions of Minnesota Statutes Section 274.1, you are required to give notice of said meeting by publication and posting, not later than ten days prior to the date of said meeting. Given under my hand this ----day County Assessor ff7e Le a County, Minnesota *Applies only to cities whose charter provides for a Board of Equalization instead of a Board of Review. (612) 587 -5151 HUTZ1 -1 V CITY OF HUTCH111S OiJ 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE. March 18, 1982 _ter_- ...- _______ -- TO: _ Hutchinson City Council_ — _ — _ _ ^ _ _ _ — _ _ _ _ _ _ FROM: _ _Planning Commission --------------------------- SUBJECT: _ Request for Rezoning submitted by Mr. Arvin Anderson Pursuant to Section 6.06 C.4, of Zoning Ordinance No. 464, the Hutchinson Planning Commission -is hereby submitting its finding of fact and recommend- ation with respect to the aforementioned request for rezoning. HISTORY On January 29., 1982 a - request.was submitted by Mr. Arvin Anderson to re- zone the following - .described property from R -2, Multiple Family Residence District, to C- 4.,_fringe Commercial District; (554 Jefferson South) - Legal Description: Lots -1, 2,- and -3- (except the south 25 feet of Lot 3) -- Bonniwell's 2nd Addition.to the City of Hutchinson, subdivision of Block 16 A public hearing was held at the regular meeting of.the Commission held on February 16, 1982. It was determined at that hearing more information was necessary before a decision could be made so therefore the hearing was con- tinued at the next regular meeting held on March 16, 1982. Mr. Roy Clabo, speaking in behalf of Mr. Anderson, explained he plans to spend about $28,000.00 repairing the building to bring it up to code. He asked for rezoning for his protection so in the case of a fire or tornado he would be permitted to rebuild. A neighbor was concerned if the rezoning was approved that anything com- mercial could -be put in should the property owner decide to sell. FINDINGS OF FACT 1. The required application and appropriate fee were paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, February 4, 1982. 3. It was determined that the remodeling would qualify under section S.05 of the zoning ordinance. 9- Findings of Fact Page 2 Rezoning Request - Mr. Arvin Anderson RECOMMENDATION It is the recommendation of the Planning Commission that the area afore- mentioned be rezoned from R -2, Multiple Family Residence, to C -4, Fringe Commercial District; with the condition the use remains automotive and light woodworking. Respectfully su Larry omo, _ ice - Chairman — - -- Hutchinson Planning _Commission - 0 S 0 0 M E M O R A N D U M DATE: --March 22, 1982 — ------ - - — — — — TO: Mayor and City Council -------------------------------- FROM: Marilyn Swanson, Administrative Secretary -------------------------------- SUBJECT: Item 9 -f on Agenda In my haste of preparing the Agenda and packet on Friday, I incorrectly stated a Resolution for Agenda Item No. 9 -f, where it should have said Ordinance. There- fore, the action would be: Action - Motion to reject - Motion to waive first reading of Ordinance and set second reading for April 13, 1982 9- f ORDINANCE NO. 3/82 AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP THE CITY COUNCIL OF THE CITY OF HUTCHINSON ORDAINS: The following described real property is hereby rezoned from R -2 Multiple Family Residence District to C -4 Fringe Commercial District. -- Lots 1, 2, and 3 (except the south 25 feet of Lot 3) Bonniwell's Second Addition to the City of Hutchinson, Subdivision of Block 16 Common Description: 554 Jefferson South Adopted by the City Council this day of , 1982. James G. DeMeyer Mayor ATTEST: Gary D. Plotz City Clerk Z LgITi3�1pm i9Now d FG 1F ..♦ 'E '• A , t _ 7 AVENUE AREA TO BE REZONED C-4 H E _ Z z - = - -- — — - -- 1 AVENUE cil W /F r o - - ? z s^ r 7TH AVE. S0 18 3 z 6 l 1 3 Y� 27 13 a 29 2E 14 Z 3 Z, 3C 25 .i-iS N 2 - .[ AVENUE 32 23 17 N 22 IB - �..- 14 N - 15 - : :r- 4 a _ .. 7 9 12 A 10 _ - 12 ,y 9 C r — ' A 9 12 - r CEMETERY E Z.J =AG 5 7 _•� y C 4 Y' ° 16 _ —_ w _ _ _ c a r 6 E SELCHO'A _C7I r/ z SHERWCOD C:RCIE CEMETERY : } SETIKERS E e ae I I 2, IIADD. 46 W 2_ 2< - -_ 45 OAK :NUE 5 Z I 43 2 [E PA 5 F�. PARK • E 4 C (612) 587 -5151 C /TY OF /BUTCH //iISO/V 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O DATE: March 19, 1982 TO: Mayor and Council Members FROM: Director of Engineering RE: Request for As -Built Survey Evergreen Apt;-Site Attached is a request for the above - referenced survey to be completed by me. The estimated cost far said survey, based on City cost.for.payroll is $714.96. If work by City forces is;_approved and cost accepted by Mr. Wilson, we will proceed with said survey. Sincerely, CITY OF HUTCHINSON Marlow V. Priebe Director of Engineering MVP /pv attachment 9 -c- .7- IRVILSON MANAGEMENT SERVICES Research, Development, Management E� 982 N Br FD b 92S��Z £ZZ��L March 9, 1982 Mr. Gary P1'otz City Administrator 37 Washington Avenue West Hutchinson, MN 55350 Re: As -Built Survey Request Evergreen Apt. Dear Mr. Plotz: This letter will acknowledge our telephone conversation of March 8, 1982 at which time you requested I submit a written request for an as -built survey of Evergreen Apt. The survey would be prepared according to the specifications in the Minnesota Housing Finance Agency letter, that I earlier left in your office. It is my understanding that we will be charged for City Engineer, Marlow Priebe's time and associated preparation cost. Please provide me with an estimated cost prior to starting work and estimated completion time. We are facing some very tight time requirements from the MHFA so -I would appreciate your earliest attention to this matter. Si ncer+, jk e CDC, i Daniel Wilson �10�1 �,��` / el Management Agent , ?'GI c DW /l h r�+' CC: Ken Lever hr�G, Box 204, Waconia, Is. 55387 • Office 448 -4630 442 -030 0 Home 442 -2760 M E M O R A N D U M DATE: March 23, 1982 TO: M for and City Council --L------------------------ FROM: Gary D. Plotz, City Administrator SUBJECT: Snow Removal at Senior Citizen Center and Evergreen Apartments - - - -- Parking Lots — --------- — — — — — — — — — — — Attached is a layout of the Senior Citizens Center and Evergreen Apartments parking lots - respectively. Also attached is a copy of the letter dated March 9, 1982 regarding this topic. Perhaps you would desire to take formal action to approve or disapprove. Please note the following: /ms A. The layout of the alleyway to the Evergreen Apartments parking lot would allow our heavy trucks to plow the area in a continuous direc- tion. The alternative is to clean out the alley even though it would dead end. B. The City is required to maintain the Senior Citizens Center parking lot; therefore, the City trucks are already over at the site. C. The,cost of removal of snow on the Evergreen Apartments parking lot will be billed to the developer. D. The Street Department is willing to provide these services based on the correspondence as shown of March 9. E. The City Attorney has agreed to draw up a hold harmless agreement for any liability on the snow removal. (6;2' 537 -5151 Y - - -- r.l I fIUT�fT f� ` OF F , _ f `�,� , -1 r ! I i t El i e. t �1 ..i l 4 ` 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN_ 55350 March 9, 1982 Mr. Daniel Wilson Wilson Management Services Box 204 RE: Snow Removal and Sweeping Parking Lot - Evergreen Apartments kaconia, MN 55387 Dear Dan: This letter is to confirm our equipment rates charge by the--Street Department for removal of snow and street sweeping. - Ralph Neumann, Director of Maintenance Operations, has the following rates: Front -end loader and operator $45.00 hour Street sweeper and operator $45.00 hour The minimum charge is one -half hour time. The additional time will be rounded off to 15- minute segments. In regard to street sweeping, we estimate that we would sweep -the parking lot once every 8 weeks. Based on our conversation of March 8, 1982 you have authorized the City to pro- ceed under the above agreement for both snow removal and street sweeping for calendar year 1982. Sincerely, CITY OF HUTCHINSON Gary D. Hotz City Administrator GDP:ms cc: Mayor and City Council Ralph Neumann, Maint. Dir. ` (612) 587 -5151 l CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O DATE: March 23, 1982 TO: Mayor and City Council FROM: Director of Engineering RE: County Land Use Change Attached are copies of the Notices received from the County on March 22nd, relative to rezoning of land by Larry Sorenson and Frank Wright. The Larry Sorenson property is located on the East and North side of T.H. 7 just East of the Honda Dealer. This property is beyond our present planning area and I find no reason for the City to object to the Highway Business Zoning. The Frank Wright property is located on the West side of Otter Lake North of South Grade Road. This is the area being planned for subdivision for housing. The requested zoning is for Rural Residential and I find no reason for the City to object. 7 1 F, 1=11 Marlow V. Priebe Director of Engineering MVP /pv attachments /0_b STATE OF MINNESOTA • • COUNTY OF MCLEOD '}� NONCE OF PUBLIC HEARING YOU ARE HEREBY NOTIFED rf"Im- AR i 982 RECEIVED CO; Cl) t a regular meeting of the McLeod County P1 Commission will be held on the - 1st day of March 19 82, at _ 1:30 p.m. in the-County - Commissioners' om at the Courthouse, Glencoe, Minnesota. THE PURPOSE OF SA REGULAR MEETING is to consider the application of Rezoning heretofore filed with pie County Zoning Administrator by: Frank Wright Said applicati has been submitted for a Rezoning from a(n) Agricultural District to a(n) Rur Residential District to allow the development of single-family, non -farm dwellings THE PREMISES UPON WHICH said Rezoning is anticipated and situated in the County of McLeod and State of Minnesota- -is described as follows to wit: The South 600 feet of that part of the NE'h of Section 3 in T116N of R30W, described as follows, to -wit: Beginning at the Nort east Corner of said NEk of the SEA; thence South, assumed bearing, along the East line of said NEi of the SEA, a distance o 792.0 eet; thence test 393.00 feet; thence North, to the North line of said NV-4 of the SEA, and thence East along said line to the point of beginning. And also Outlot A: That part of the NW14 of the SW. of Section 2, T116N, R30W, McLeod County, Minnesota, described as ollows: Commencing at the Northwest Corner of said SW�; thence South, assume earing, along the West line of said SWI-4, 654.78 feet to the point of beginning of the land to be described; t ence continuing South, along said West line, 225.00 eet;.thence East feet, more or less, to the Westerly shoreline of Otter Lake; thence Northerly along said shoreline to a point on a line bearing East from the point of beginning; t ence est feet, more or less, to the point of beginning. THIS HEARING will be held by the McLeod County Planning Commission at which time you may appear if you desire, either in person or by agent or attorney, in opposition to or support of the purposed zoning change. Thereafter, the McLeod County Planning Commission shall forward its recommendation to the County Board of Commissioners. -1f you desire to appeal the -planning Commission's recommendation, you can take your request to the County Board which. has the power to overrule the decision of the Planning Commission. DATED THIS 12th DAY OF March , 19 82 . McLeod County Zoning Administrator STE,i OF MINNESOTA COUNTY OF MCLEOD �a;� ✓�` NOTICE OF PUBLIC HEARING R 982 :IVr 58295 D�2 OU RE HEREBY NOTIFED that a regular meeting of the McLeod County Planning 6X Commission will b held on he 31st day March 19 82, at 1:30 p.m. in the County Commissioners' Room at the Courthouse, Glencoe, Minnesota. THE PURPOSE OF S'1\1D REGULAR MEETING is to consider the application of Rezoning heretofore filed with the CoLty Zoning Administrator by: Larry L. Sorensen Said application has been submitted f from a(n) Agricultural District to a(n) Highway Business - District - to - allow--""-the display, storage and-service of agricultural equipment for sale, rent, lease or trade. THE PREMISES UPON-WHICH said Rezoning is anticipated and situated in the County of McLeod and State of Minnesota is described as follows to wit: - see attachment - THIS HEARING will be held by the McLeod County Planning Commission at which time you may appear if you desire, either in person or by agent or attorney, in opposition to or support of the purposed zoning change. Thereafter, the McLeod County Planning Commission shall forward its recommendation to the County Board of Commissioners. If you desire to appeal the Planning Commission's recommendation, you can take your request to the County Board which has the power to overrule the decision of the Planning Commission. DATED T11IS 12th DAY OF March , 19 82 . McLeod County Zoning Administrator • Larry L. Sorensen - Rezoning Application Legal Description That part of the Southeast Quarter of the Southeast Quarter of Section 33 and that part of the Southwest Quarter. of the Southwest Quarter of Section 34, all in Township 117 North, Range 29 West, McLeod County, Minnesota, described as follows: Commencing at the southwest corner of said Section 34, thence East, assumed bearing, along the south line of said Southwest Quarter of Section 34, a distance of 433.14 feet to the intersection with the centerline of State Highway No. 7; thence continuing East, along said south line 604.71 feet; thence North 17 degrees 33 minutes west 876.58 feet to the former southerly right -of -way line of the Chicago and North Western Railroad; thence South 68 degrees 07 minutes west, along said former right -of -way line, 1358.56 feet to the intersection with said centerline of State Highway No. 7; thence South 54 degrees 29 minutes East, along said centerline, 108.31 feet; thence southeasterly, along said centerline, along a tangential curve concave to- the.northeast, having _a radius of 1432.39 feet and a central angle of 35 degrees 31 minutes, a distance of 887.92 feet to the point of beginning. r REGULAR COUNCIL MEETING March 23, 1982 WATER & SEWER FUND Ervin Amundson overpayment refund $ 222.14 Randy DeVries meeting 10.00 Lillian Michaels mileage 16.56 Finley Mix seminar 164.62 Water Pollution Control Federation membership fees 24.00 RCM Associates professional fees 712.33 State Treasurer PERA 296.00 1,445.65 GENERAL FUND *Met Center *Excelsior Talent Barb Haugen Judy Thunstrom Kris Pellinen Lana Barbarossa Kathy Bailey Roger Denton Brian Stark Paul Linder Clarence Kurth Larry Huhn Doug Meier Jan Luthens Mavis Bjurlin John McRaith Charles Jones John C. Gregor The Asphalt Institute Hennepin Co. Chief of Police Imperial Bank Intl Assn. of Arson Investigators Law Enforcement Training Project Liepkes Auto Repair MRSF Mn. State Documents Center National Auto Dealers Sewing Basket State Theatre Up, Up $ Away Ballon Shoppe American Public Works Assn. Crow Chemical Central Mn. Comm. Inc. Commissioner of Revenue Country Kitchen Condons Supply Co. Duanes Mobile Lock Erickson $ Templin 30 tickets for Disney event down payment on concert skating instructor & advancement skating instructor skating assistant props rental travel exp. for skaters referee referee referee 2 coffee pots safety glasses gasoline swimming refund swimming refund 1st quarter mileage death investigation course death investigation course 2 bulletins police refresher course radio control payment dues supplies death investigation workshop repairs tournament fee guidebook used car guide book sewing patches on uniforms month rental -motor vehicle 80 ballons for ice show_ subscription chemicals work order arena sales tax prisoner board arena supplies locks sno,, removal 195.00 750.00 246.00 32.00 8.00 15.00 69.00 84.00 30.00 84.00 8.00 29.50 19.00 16.00 16.00 100.00 73.77 35.97 3.50 25.00 2235.22 25.00 16.00 103.25 30.00 9.00 22.00 6.00 325.00 30.00 25.00 17.10 72.75 87.75 19.82 78.55 47.85 2497.00 // 4/ ` , r • -2- Bruce Ericson Pamida George Field Holmsten Ice Rinks Harpel Bros. Inc. Hutch Community Hospital ICMA Retirement Corp. Ideal Shoe Shop Jims Auto Salvage Johnson Super Valu LaHass Mfg. & Sales Lamberts Standard Logis MacQueen Equipment Inc. Madsen Ins. Agency Kenneth Merrill McGarvey Coffee Inc. Homer Pittman Road Machinery Rutz Plbg. & Htg. HAZEL Sitz Sorensen Farm Supply tate Treasurer Sha Strom Tlbg. James Schaefer United Bldg. Center University of Mn. Xerox Corp. West Pub. Co. Transport Clearings: State Treasurer Co. Treasurer Chapin Pub. Co. BOND FUNDS 1981 Parking Rev. Bonds Bennie Carlson 1980 Tax Increment Funds J $ B House Counselors Sue Graff 1981 Fire Hall Bonds Don Keresters Korngiebel Architects Saxton Plbg. & Htg. Wagner Electric Gopher State Contractors 1st qtr. mileage supplies dues & meeting nets supplies blodd tests,regulators,laundry employer contribution repair of shoulder pads repair parts arena supplies repair parts car washings computer charges repair parts Evergreen apts. mileage coffee police reg. fees $ dues repair parts boiler repairs mileage equipment rental PERA repairs i month services supplies bike week packet maintenance agreement law books freight charges snowmobile registrations dl fees for co. publications costs contract payment woodscreen metal blinds- evergreen apts. 31 keys professional fees construction costs constructioncosts construction costs $ 200.00 11.54 37.25 634.00 60.00 769.60 146.00 55.00 10.00 171.35 368.39 27.00 1590.59 359.06 209.00 39.35 86.40 17.00 57.00 30.27 37.90 70.00 3648.60 /� j, i3 134.28 7,98.44 30.48 1.50 177.85 166.00 25.47 24.00 84.00 172.71 $ 17,737.06 669.30 199.00 927.04 1,126.04 19.83 3000.00 18,068.75 5029.00 27,897.50 54,015.08 MUNICIPAL LIQUOR STORE Old Peoria Co. Twin City Wine Co. Griggs Cooper $ Co. Ed Phillips & Sons City of Hutchinson,General Eommissoner of Revenue Ed Phillips & Sons Old Peoria Co. Old Peoria Co. Griggs Cooper & Co. Twin City Wine Co. Ed Phillips & Sons Griggs Cooper & Co. Friendly Beverage Co. Locher Bros. Lenneman Beverage Triple G City of Hutchinson Hutchinson Utilities City of Hutchinson J C Penney Co. Citizens Bank Ad Lips Inc Twin City Pricing & Label Nationwide Papers Inc. Coca Cola Bottling Co. Hutchinson Telephone Co. Sprengler Trucking Electro Watchman Northland Beverage American Linen Supply Diamond Clear Ice Junker Sanitation Quades Chamber of Commerce Fund Co. 0 wine & liquor $ 851.10 wine & liquor 628.97 wine & liquor 1171.10 wine & liquor 2414.15 reimbursement of expenses 40,626.60 sales taxes 3465.80 wine $ liquor 1697.48 wine 8 liquor 764.07 wine & liquor 2643.58 wine & liquor 837.69 wine $ liquor 2191.52 wine $ liquor 1686.95 wine & liquor 1413.69 beer 1385.55 beer 5423.55 beer 9279.90 beer 9020.75 water & sewer billing 47.29 electric & gas 796.77 insurance reimbursement 719.10 uniforms 81.64 check printing 32.91 ad shopping list 104.50 labels 76.48 bags 447.46 supplies 271.20 phone 55.90 freight charges 1753.57 quarterly charge - 84.00 mix 157.70 towels 16.40 ice 70.40 refuse pickup - 93.00 bulbs 11.19 1982 dues 254.10 $90,576.06 (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 FOR YOUR INFORMATION M E M O R A N D U M DATE: March 23, 1982 TO: Mayor and City Council ---- *---- -r----- 7 - - - -- - - - -- - FROM: George Field, Fire Marshal - - — ------- - - - - -- -- SUBJECT: Minutes of March 9, 1982 City Council Meeting -------------------------------- Item 8 -b of the March 9, 1982 City Council Minutes makes reference to the State Fire Marshal reviewing my inspections. I believe I was referring to the Old Armory and City Hall inspections only and not to all city - owned buildings.___. I wanted to clarify which inspections the State Fire Marshal would be reviewing. /ms • March 22, 1982 Jim DeMeyer, Mayor City of Hutchinson -City Hall 37 Washington Ave. West Hutchinson, MN 55350 Dear Mayor DeMeyer: FOR YOUR INFORMATION The members of the Hutchinson Safety Council wish to express their appreciation to you and to the street department for a job well done during the past winter and especially during the January snow stroms. Their efficient snow removal work under hazardous conditions contributed much to the safety of all Hutchinson drivers and pedestrians. A big "Thank You" to you and all city employees from the Safety Coucil. Sincerely, Myro Johnson, esident Hutchinson Safety Council 907 Lewis Ave. Hutchinson, MN 55350 i • C� J M E M O R A N D U M DATE: MARCH 23, 1982 FOR YOUR INFORMATION TO: — —MAYOR &_COUNCIL — -- — — — — — — — — — — — — — — — — — — — — FROM: — — Kenneth B. Merrill — SUBJECT: — —Latest Tax Cut - - March 19. 1982 — — — — — — — — —•— The State Legislature met and passed, last Friday, the tax cutting bill for the latest deficit forecast. The results of the meeting are as follows: 1. The homestead credit dollars are going to be reduced. This means while the homeowner will have his taxes reduced the money to make up the difference will not come back to the cities from the state. The city had this cut on the first cut- 1.7 %; the new cut makes this total 8.2 %. A cut of an estimated $14,500 is the result. Actual dollars will not be known until later this spring or early summer. 2. No change in the levy limit law to allow cities to make up any of these lost revenues was made by the legislature. I have attached a copy of our cuts which were approved by the council. Revenue losses: Local Government Aid $69,200. Shade Tree 3,625 Homestead Credit (per above 8.2 %) 14,500. (est.) $87,325. (est.) In addition the approved 1982 projects using the 1981 17% number would be 571,388 (est. bid cost by engineer) x 17% = $97,100. The budget estimated a $110,000. for the year or a revenue shortage of $12,900. -2- • Total Revenue Shortage would be: State cuts Project shortfall Council approved cuts $ 87,32S.(est.) 12,900. 100,225. 97,250. Present estimated short fall $ 2,975. This result is pending a determination by the attorney of the $30,000. for road maintenance material. 0 10u') RilnnPT COUNCIL APPROVED CUTS BY DEPARTMENTS City Administrator $ 630. Finance 4050. Motor Vehicle 1600. City Attorney 2035. Planning $ Zoning 300. Conservation of Health 300. Police 1100. Fire Department 1400. Civil Defense 100. Protective Inspections 10,575. Engineer 7000. Street Department 30,000. Maintenance Department 13,865. Park $ Recreation Adm. 550. Recreation Department 3055. Civic Arena 3600. Park Department 6600. Old Armory 6800. Transit Department 1190. Unallocated 2500. $ 97,250. -.BSI` �� I. ' }; ,3 �' S` i1 `C FOR YOUR INFORMATION The llutchi.ni cn SvfGty Council met: Peoruary 22, .1t 12:00 roan:., -at the now Prairie Fouse South. There ware 25 rambers present. The r�eeta:ag opened writ:. a silent prayer, The Ja11uFary lri=.tes -von •� approved as read. A poBtaL e Sill of $7.89 c =gs presented by Joyce R:Lx ani a . -:notion was .rase and sawn -jed that it be paid. President Myron 3ohason recei -led three (3) letters regardi -a our letters to the State senators and representatives on their s-ap ?orting -none strict laws for drunken duvets. Thal •iae:re from Ser.ator Renneke, Beraahagen and Representatives Omer. and all zupparted this type of legislation. Myron introduced our speaker for the r:;eeting, Chief of Police -- Bean O'Bo sky. ite tal'K2d al:ovt the suer;-.-mobile pairsl, which is under thi c Police Departoanr and with the help of the Drift Riders Club. Compl uintc regaxrli: g -rider vi- :FIatic =ns have gone derv;.. Dean wrote to alp. service ornaiiizations fo r donations to buy, E i °.3.w st:t= cWle , so the Felice dc not have to +sse the Drift Rider Gs razc`2J -.ic :. They t.+rili be abi- -�--. to L`pme.. ..as :so-;v az, t be t.-: Taplall.nt call cm- a is 1-n. 1-hey were on nta�t,l -bjr' e:"-'.' r r' %:" .iR y x'°t,a -,p s= iss:'.r1:7.ca -,yx -,ta ne fl' A question vial c.its�7°'z di`r3'cus:3iaa was re .;.'1. Y di n tai: 1 >jy.J t)fyX ar. -'orS:L'rne -ilts. "It as a t a t e d t` at niIt. sif e 61 e: -;Itjr Z,1n, `t s e-hpq lave il:,t%ial sarvice agrea:nont 1.h SheTifif's .''epa'irt'Tiiert. On DUT: i,c' t.la icxa is ne-ef+e;' and appreciated our -•Zi;:ina tv the sanzgikcors arid represe; titives. dean stated that gt :. ts:;jalation is fGl.'Er red by tha U'Nt .1[}11ce sh3rt- o.:iaa anC )L?.' n i US f.j s`4Eted they had a , »`IccEIscfF.l dr'.ur mid, in 7`ha Year'; ih Hutch 'oh -1.90 cost $:50.00 for 2:'Ae - aigl -lt ;1nd -i't J -he ri sis 3:3 s r!e service az- �i.^atio v- 10,ild pick up t'n-;- cosv. Ral, i I;aum:aran s't t� -xl one of el eity cutbacks woul(I be on street 11?t3.rs.g.'aeay gill also xw 11 of the ii.gSk'L c7 �T3gh�eay3 i'ast and West -''Ild Hl'-;E14':* y 415 Vortl`.i and South. Snow rein'.va.3. was discussed ar I a z otita*a was Anode €rid sec- '-nded we eznd a letta I:e 41he 118yor and sYrtset de13artn .lt- st a—ing ou-r apprecia.t rsl'i er;,j I jC,"': TioiI clone du.r:ing, the stool GS th!�. wi.n€ r %r. Les 5r ith € t ated he had a fi.l , on aa::.ijuara nr4 -vill order :fir and hrs'i'rc: Chiei . i:`35x�Oi`sr.s; ✓" 3'1C:6r7 't'. °e: i3anEl Te3F1`}be shoo, it to the sebool studen"13. Stfike rzange st.atse he ar_€:Y s e- -al others rt �i g ,cor iit i: 21^ti F c"� 2CR �1� it � r°:EY 4,,t;t;i e i o Ilse in the near future. . 0-,vr ii. -rcn meetl ag will be g:ar.- a 29, 4t the. Prairie Pfrus"a, !lest, wAi:h v t: -,, e St9ef R— ,£':3: , Zrcz the Si".t 4l f f ' a Dept as great i €':.'I' G yr on boat and '112-s Ineeting silts adj c:Irrvad .yRy ..- ntior'. 0 Tri, am. wer's Report: Bad llce oil br -d Deposits pis bursammaze= Post 2, 2 Una nce or luad 0 adz 8 4. 18 8 Febmary 2J, '-,982 $176.99 w- rieke carroty muller associates, inc. architects engineers tanners andscape architects land surveyors. laboratory services 1011 first street south post office box 130 hopkins, minnesota 55343 612- 935 -6901 co �� Ln r CQ March 19, 1982 c��`lEiY....•• 2 �0�68195�4, Mr. Philip P. Malmstedt Building Constructors Inc. 1600 Arboretum Road FOR YOUR INFORMATION Box 305 Victoria, MN 55386 RE: HUTCHINSON WATER TREATMENT FACILITIES RCM FILE 761014 -2 Dear Mr. Malmstedt: In order to assist the City and ourselves in evaluating your bid on the above project, will you please submit to our Hopkins- office a - list - -of projects completed in the past three years by your organization. This list should include a brief description of the project, the original bid -price and the final construction cost, and the design professionals involved. Also, please submit a list of projects you have under contract at the present time, including anticipated of starting and completion dates. The City and RCM are concerned with your organization's experience in this type of work, particularly as it relates to the :coordination of the various trades and equipment suppliers involved. Any additional information :relating to this item would be helpful. At the bid opening, notice was made to the fact that portions of the proposal form were not completely filled in and the selection of either addition or• deduction was not made under alternate items number 2 and 3. If you wish to clarify these omissions, please submit a letter directed to the City Council with a copy to our Hopkins, office. We wish to thank you for your interest in the project and believe the above irregularities can be resolved to everyones satisfaction. Very, truly yours, C. S. Barger, P.E. RIEKE CARROLL MULLER ASSOCIATES, INC. CSB:mt cc: Marlow Priebe ,,,Ggfy Plotz M . GRIDOR CIRNSTR., INC. P.O. BOX 41246 1886 BERKSHIRE LANE PLYMOUTH, MINNESOTA 55441 612 -559 -3734 March 22, 1982 City Council Q2021222,? - City of Hutchinson �' Sa s ~ 37 Washington Avenue West MAP 1982 N, Hutchinson, Minnesota 55350 N . PO M er w Re: Additions to Water Treatment Facilities Gentlemen: 0/ 8Lgq��2 In the legal description that was read before the bid opening on March 18, 1982 reference is made to the exact time the bid is due. The legal description also states that the bids must be submitted on the proposal forms provided and in accordance with the contract documents and specifications. Specifically, item #6 of the instructions to bidders states; the bidder must include all unit prices, alternatives and requested information shown on the bid form; failure to comply may be cause for rejection. By not filling out the proposal, Building Constructor's bid should be deemed non - responsive and be rejected. It is obvious that any contractor that fails to list the equipment or sub contractoi -s has a definite advantage over the bidder that does list them. There is a possibility that a general contractor could use an experienced sub - contractor's price to bid the job and later find a sub - contractor or equipment salesman to do the job for less money than the experienced contractor's price. This possibility does not make for fair competition and no precedent should be set on this project. Because of reduced activity in the construction industry, there has been certain instances of contractor's pursueing work they are not experienced in. Gridor's enclosed completed projects list shows that we have been active in water plant construction for many years. I propose that your group review our list of completed projects and feel free to contact any of the owners or engineers at the various projects to check on our performance and how we fulfill our warranty period. I am certain your engineer will agree that each plant has a few problems after start -up and an experienced contractor has less de- bugging than an inexperienced contractor. In conclusion, I maintain that the award should be made to Gridor Constr.,Inc. and that your savings will far exceed $3,860.00 by having fewer problems during constr- uction, during start-up time, and five years down the road. Gridor would be very interested in an invitation to a meeting to further discuss our past projects or answer any questions you may have. If you have any desire for a meeting please give me a call at 559 -3734. Yours very truly, -�;"4 GRIDOR CONSTR. , ci- r�.r�`a'a'..� 7 INC. � Harold Thei en President HT:ct enclosure copy: Chuck Barger -Rieke Carroll Mueller GRIDOR CONSTR., UNC. P.O. BOX 41246 1886 BERKSHIRE LANE PLYMOUTH, MINNESOTA 55441 612.559 -3734 PRESENT CONTRACTS ON HAND Contract Amount Engineer Owner Estimated Completion Description % Completed 622,000.00 Kirkham,Michael.. Metropolitan Waste March-311,1982 Metering Stations & Associates Control Commission 99% Improvements Minneapolis, MN. 948,700.00 McCombs - Knutson City of Rockford May 1982 Wastewater Associates Rockford, MN. 85% Treatment Plant Plymouth, MN. 305, 654.00 -- - -- Robert R. Wallace-City of Gilbert - June 1982 - - Sewage - Treatment - -_ — & Assoc. Gilbert, MN. 99% Facilities Hibbing, MN. 75,800.00 Bonestroo, Rosene Cimarron Park June 1, 1982 Wastewater Treatment Anderlik & Assoc. Lake Elmo, MN. 95% Plant Improvements 401,407.00 Schoell & Madson City of Spring December 1982 Water Treatment Hopkins, MN. Park 0% Plant Spring Park, MN. GRIDOR CONSTR., INC. P.0. BOX 41246 1886 BERKSHIRE LANE PLYMOUTH, MINNESOTA 55441 614 -554 -3734 Contract List of Contracts Name & Address romplPfPci Price Year Architect /Engineer Owner Description $ 540,000.00 1981 Bonestroo, Roseng City of Somerset Wastewater Treatment Anderlik & Assoc. Somerset, WI. Plant St. Paul, Minnesota 145,700.00 1981 Orr- Schelen- Mayeron Metro Sewer Board Additions to Lift & Assoc. Metro Area Station Minneapolis, MN. 839,200.00 1981 Schoell & Madson, Inc. City of Minnetonka Water Treatment Plants Hopkins, MN. Minnetonka, MN. 1,153,250.00 1981 Robert R. Wallace City of Aurora Wastewater Treatment & Assoc. Aurora, MN. Plant- Hibbing, MN. - 19,200:00 1981 McCombs- Knutson City of Elk River Primary Clarifigr Plymouth,-MN. - Elk River, MN. Sludge Collector Replace' GRiDOR CONSTR., INC. P.O. BOX 41246 1886 BERKSHIRE LANE PLYMOUTH, MINNESOTA 55441 TO WHOM IT MAY CONCERN: List of Contracts Completed Contract Name & Address Price Year Architect /Engineer $ 433,248 1979 Robert R. Wallace & Assoc. Hibbing, MN 163,806 1979 Armour & Company 1,418,900 1979 Robert R. Wallace & Assoc. Hibbing, MN 1,057,600 1979 - Robert R. Wallace & Assoc. Hibbing, MN 383,131 1978.. -- Robert R. Wallace & Assoc. Hibbing, MN - 550,289.:;_ 1978 Rieke, Carroll, Muller & Assoc. - Hopkins, MN 438,976 1978 Jensen & Johnson Elkhorn, WI 149,320 1978 Milner Carley St. Paul, MN 46,400 1978 Meyer - Rohlin, Inc. Buffalo, MN 34,395 1978 McCombs Knutson Minneapolis,.MN 249,490 1978 Meyer - Rohlin, Inc. Buffalo, MN Owner City of Eveleth, Eveleth, MN Armour Meat Packing Cold Spring, MN City of Gilbert, - Gilbert, MN City of-Aurora--- Aurora, MN City of Babbitt; Babbitt, MN Metro Sewer Board Savage, MN City of LaCrosse, LaCrosse, WI City of Little Canada, Little Canada, MN City of Delano, Delano, MN City of Medina Medina, MN City of Albertville, Albertville, MN 612.559 -3734 Description Water Plant Revisions Sewage Treat-- ment Plant Sewage Treat- ment Plant Sewage Treat- ment Plant Sewage Treat- ment Plant Sewage Treat- ment Plant Sewage Treat- ment Plant -- Water Pump House Sewage Treat- ment Plant Water Pump House Water Pump House GRIDOR CASTR., INC. P.O. BOX 41246 1886 BERKSHIRE LANE PLYMOUTH, MINNESOTA 55441 TO WHOM IT MAY CONCERN: Contract Price Year $ 750,000 1972 2,1529000 1972 1,883,000 - -1973 842,000 1973 2,858,000 1974 3,417,000 1974 1,194,000 1975 1,905,000 1975 4,233,000 1975 1,540,000 1976 3,012,215 1977 List of Contracts Completed Name & Address Architect /Engineer Warren & Van Praag St. Louis, MO McNamee, Porter & Seeley Ann Arbor, MI Henningson, Durham Richardson -- Omaha, NB Davy Engineering Co. LaCrosse, WI McNamee, Porter & Seeley Ann Arbor, MI Henningson, Durham, Richardson. - Omaha, NB Johnson & Anderson Pontiac, MI U. S. Corps of Engineers Omaha, NB Warren & Van Pragg St. Louis, MO U. S. Corps of Engineers Omaha, NB McNamee, Porter & Seeley Ann Arbor, MI Owner City of Genesco, Genesco, IL Alpena County, MI 612.559.3734 Description Sewage Plant Sewage Plant City of Ottumwa, -- Sewage Plant Ottumwa, IA City of Monroe Sewage Treat - Monroe, WI ment Plant City of Menominee, Sewage Plant Menominee, MI City of Grand Rapids, - _- Sewage Plant__ Grand Rapids, MN City of Munising, Sewage Plant Munising, MI K. I. Sawyer Air Base Sewage Plant Marquette, MI City of Mattoon, Sewage Plant Mattoon, IL K. 1. Sawyer Air Base Sewage Plant Marquette, MI City of Manistique, Water Treat- Manistique, MI ment Plant r-� u CITIZENS 8i TRUST City Council City of Hutchinson 37 Washington Avenue W. Hutchinson, Mn., 55350 Gentlemen: 9 BALK CO. F OR YOUR INFORMATION March 12, 1982 m co RECkAIVED LP s The situation that has developed due to controversy regarding the Old Armory property has now, as far as the Citizens Bank & Trust Co. is concerned, developed into an embarassing and regretable situation. The Citizens Bank has been victimized to a large extent by many and various interpretations of its motives and,-unfortunately, in many cases by well intentioned people. The Citizens Bank has viewed the downtown struggles over a number.of years where parking plans have been- recommended, only to fail after much controversy and, as a result downtown business is gradually being disad- vantaged which will lead to an accelerated deterioration of the downtown business district to eventually decline and to become an insignificant fac- tor in the growth of Hutchinson as a regional trade center. This bank, since its inception in-the-late nineteen hundreds, has been a strong advocate of civic development that is closely-related to the birth _ and growth -of a small town. We believe there currently exists an opportunity to become an outstanding rural community. The Citizens Bank's interest in the Armory was and is primarily to ob- tain more downtown parking in order to compete with parking facilities now available in the new fringe areas and to make possible the construction of a new community facilities building. The long term.plan of the city has consistently been to replace lost facilities by adding new and better.accomo- dations in locations convenient to -its customer base. Downtown Hutchinson would obviously benefit with the addition of additional parking and a new building to provide a modern replacement for the Armory. In view of the differences of opinion presently existing and which is continuing, the Citizens Bank has been suspect in various--ways and its pur- poses largely distorted and misunderstood: In the best interest of our bank, I feel that this situation can no longer continue and, therefore, we are notifying yourthat -our bank is totally withdrawing from any further negot- iations or discussions. This is not to say that Citizens Bank $ Trust Co. will ever withdraw from its interest in any total long term benefits to the Hutchinson community. If at any time, we are called upon, we will he more than willing to coop- erate and work with you for the total betterment of our city and the people people in our trade area. 102 MAIN ST. SOUTH HUTCH {NSON, MINNESOTA 55350 • PHONE: 587 -2233 I trust that the Council will review our objectives as being in the best interest of the city. We sincerely appreciate the time and effort that has been directed toward consideration of our offer which we sincerely feel was done in good faith. Hopefully, the policies and plans of the City Council will ultimately resolve in the further growth of Hutchinson and a beneficial interest to all the fine citizens of the community. cerely yours, Irv' Bur _president IB /lm -- Date: March 15, 1982 TO: City Council City of Hutchinson 37 Washington Ave. W. Hutchinson, Mn., 55350 FROM: Irvin Burich, President Citizens Bank $ Trust Co. 102 Main St. S. Hutchinson, Mn., 55350 • 4,4 181,9�oc' MYR,,98- w o c' �'b ups�£��- i£0£62�2�� FOR YOUR INFORMATION Re: Addendum to letter dated 3/12/82 The attached letter may appear to be one written after the fact as it is generally construed by the City Council and the public in general. However, we have been advised to clarify our current position in written form as it relates to any offer of a contribution to the City of Hutchinson as related to downtown parking fa- cilities and the construction of a new relocated community facilities building. It is the intent of Citizens Bank & Trust Co. to absolve the bank completely of any responsibility or liability as it relates to any previous correspondence, or any oral conversations with the Mayor or any members of the City Council and again /or anyone in the employ of the city of Hut- chinson insofar as it relates to any offer of a contribution to the city of Hutchinson for any purpose whatsoever. Signed: / I in— Burich, President IB /lm Pi (612) 587 -5151 • CITY OF NU i CHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 March 16, 1982 FOR YOUR INFORMATION TO: Mayor James DeMeyer & City Council RE: Tax Increment Financing Although the discussion held at the regular meeting of the City Council on February 22, 1982, with financial consultant Bill Fahey and bon3counsel:Jerry Gilligan was fruitful and productive, it would appear that some members may-still have - reservations about the propriety or legality of tax increment financing in general -or the procedures and methods used to im- plement -and amend- the - Senior Center Tax Increment Bond and.the - Parking Program Bonds. Since the City is now considering the issuance of tax increment bonds to assist the proposed S & L project, I feel that it is imperative that any remaining questions concerning tax increment financing be answered as quickly and expeditiously as possible. I would, therefore, suggest that any Councilman who-has -ques- tions concerning the S & L project-or--any other tax increment project reduce his questions to writing and submit them to my office. Although questions of a general nature would, of course, be appropriate, questions of a specific nature would be preferable to those which might be broader in scope... It would be most helpful if the particular portion of the tax in- crement plan could be cited, and if the Councilman has any statutory or case law indicating that the portion of the plan may not be proper, it would be helpful if reference would be made to the authorities relied upon. Upon receipt of your, questions I will forward them to the bond attorney and finan- cial consultant for their written response. Upon receipt of the written response(s), the Council may, if it so desires, seek an independent evaluation of the question(s) and the res- ponse. This response may come from - whatever state agency may feel it has jurisdiction and authority to review matters of this type or we may present it to a legal firm experienced in tax increment financing for their independent assessment -of its validity. If the City is to continue to utilitze the same financial consultant and bond attorneys for future tax increment and -2- industrial revenue bonds, it is important that all questions concerning their handling of past matters be resolved. Since Mr. Fahey and the bonding attorneys have indicated that they have no problems responding to questions put to them through my office, I feel that the above outlined proposal should clarify any issues that may remain unanswered while providing a prompt resolution. JHS:11 Sincerely yours, � J James H. Schaefer City Attorney 0 • C 1.1 of E: U i o[:fjrLrsofV � 37 WASHINGTON AVENUE WEST HUTCHINSON, MINNESOTA 55350 (612)587 -5151 EMPLOYMENT ADVISORY TO MAYOR AND CITY COUNCIL DATE March 19, 1982 NAME AND ADDRESS JOB TITLE Kathy Brockberg Building Attendant SUPERVISED BY John McRaith (Bruce Ericson) EMPLOYMENT STATUS PAY RATE $3.35 -- - -New Employee X Other: Full Time X Part Time or Seasonal COMMENTS Work Study student whose Work Study funding has ended. Needed for approximately 40 hours total between now and the end of April to complete building attendant duties at Maplewood Academy, Elementary School and High School for Recreation activities. The above personnel action conforms to adopted personnel policy and to the council approved selection process. Doartment Head- Personnel Coordinator City Admin' for 3 -81 h ARNE H. CARLS ON STATE AUDITOR SUITE 400; 555 PARK STREET ST. PAUL, MINNESOTA 55103 k'S =s FOR YOUR INFORMATION For Further Information: FOR IMMEDIATE RELEASE (612) 296 -2551 March 16, 1982 STATE AUDITOR ARNE CARLSON ISSUES HUTCHINSON FISCAL HEALTH PROFILE "There are not many cities across the state that show growth such as Hutchinson has over the past five years_," State Auditor Arne Carlson told-city-officials today. --"In keeping with the increased populations, there- has -been an- expansion. - in-housing, retail sales -have- grown, per capita income has increased propor- tionately to the inflation rate,, and.the population of school -aged children has remained about the same. All of these are excellent signs -of -a- vital' community. 11 Carlson and Beth "'Sullivan,'Director of the Minnesota Financial Health Program, were in Hutchinson-to-discuss the fiscal health profile of the city. Carlson, whose office -is currently doing a five -year fiscal stress analysis of Minnesota cities of 2,500 Population or more, and Sullivan are on a statewide tour to assist cities in the interpretation of their profiles. "From 1976 to 1980, we see an 89.75% increase in revenues. The increase came from intergovernmental sources, fees and service charges, contributions from enterprise funds, and a large amount from interest income," Carlson reported. - "Total revenue in the governmental fundsis close to the average raised by other cities Of comparable size." "Although current expenditures have risen more than the rate of inflation,- revenues exceed -the expenditures..___Most of the increased expenditures are for police protection, the shade tree program, and an ice arena," Carlson continued. "A question I-am asking across the state is, will the General Fund balance be a large enough reserve to carry you through a time of uncertainty and cut backs in aids from State and Federal sources? This is a.question that only city officials can answer." Carlson said, "Although the debt burden per capita appears high - this is a somewhat misleading figure. We know that the debt is backed by the full faith and credit of the city, but much of that debt is attributable to special assessment revenue bonds. Less than 15% of the total amount for debt service payments should have to come from tax dollars." "It is refreshing to see that Hutchinson is spending money on capital outlay for water, electric and gas enterprises rather than postponing those costs for the future," Carlson continued. "Unfortunately, not too many cities are maintaining their enterprise projects as well. And the fact that all enterprises are operating at a profit indicates good management of those facilities." Carlson, in explaining the Minnesota Financial Health Program, said, "This is a service our office performs for municipalities that identifies, measures and helps to resolve fiscal problems. When public officials can monitor debt service payments, enterprise funds, revenues and expenditures and other financial indicators over a period of years, they will be able to identify areas of fiscal stress. In her remarks, Sullivan said that it is important to look at the trends-- over the period from -197.6 td-'-1980-for which the - data was collected-and-not to-look at the individual years.- - - "There are variables such as special assessments or grants that show large increases in one year, and the decrease the following year should not be a cause for alarm. We look at the whole five year period and the patterns of revenues and expenditures for :those years— The profile proves a framework for assembling and analyzing information. -- _Although some conclusions have been drawn from .the study_, the actual reasons can only be__answered_by those who manage the financial affairs of the city," Sullivan stated. Carlson said that very few comparisons._among cities will be made at this time as there is no uniform method of reporting financial data. Municipal Finance Officers felt that in order for the Minnesota Financial Health Program to be a successful and helpful project a uniform chart of accounts and reporting needed to be developed. Therefore, the Office designed a new and comprehensive chart which was distributed to Finance Officers in December. This effort will enable future profiles to contain more comparative informationf. Carlson reported that Minnesota is the first state in the nation to provide the data such as that presented to cities through the Minnesota Financial - Health Program, and that cities can use this report as a basis for future fiscal planning. "Our Office stands ready to provide assistance, when requested, to cities as they seek alternative courses of action to improve their overall financial health," said Carlson. -30- • +6 (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O DATE: March 19, 1982 TO: Mayor and City Council Gary Plotz Ken Merrill Jim Schaefer Ralph Neumann Finley Mix FROM: Marlow V. Priebe RE: Meeting with RCM FOR YOUR INFORMATION This is to confirm the meeting scheduled for 6:30 P.M. on Tuesday April 6th, in the Council Chambers for review of the following: 1. Overall Progress Report on Step I Study 2. Industrial Pretreatment 3. Sewer Use Charge Ordinance 4. Summary & Discussion MVP /pv Marlow V. Priebe Director of Engineering L� Adolph L. Kvam District 22A Meeker- McLeod - Renville Counties Committees: Health and Welfare Departmental Affairs Reapportionment and Elections Taxes Revenue Division Income Taxes - Business Climate Legislative Tax Study Commission Mr. Gary Plotz, City City of Hutchinson 37 Washington Avenue Hutchinson, MN 55350 Dear Gary: Administrator West Minnesota House of Representatives Harry A. Sieben, Jr., Speaker March 11, 1982 C; �0,1\,2�314.11516,j � MAR : 982 N W 1 U') v `/ ,ri' k - L2SL/ FOR YOUR INFORMATION As a follow -up to our phone conversation, I am enclosing the following: 1) H. F. 1858 - - legislation which authorizes the establishment of subordinate service districts. 2) S. F. 1677 - - - manufactured home zoning legislation. In reviewing my Tax Committee notes relative to H. F. 1858, testimony indicated that 52 counties are up against the levy limits. Tax Committee action amended the original bill to bring such districts under the levy limits. Further- committee action - - - Section 5, Page 2, struck the "5" in Line 21 and inserted- "10 ". Hence, it will require 10% of the qualified voters.to establish such a district. Also, the committee exempted the metropolitan counties from consideration. S. F. 1677 inserts "width" as a consideration in zoning ordinances relating to manufactured (mobile) homes. Last night the Speaker of the House deliberately held the voting board open in order to secure the necessary 68 votes for final passage of this bill. At this writing, the matter of the Bass Pond land transfer has not been resolved. Should you have any concerns in these matters, please telephone me immediately. ALK:ak enclosures Reply to: ❑ 369 State Office Building, St .-Paul, Minnesota 55155 ❑ 25 W. Lockerbie, Litchfield, Minnesota 55355 S ' rely, Adolph L. vam State Rep sentative (612) 296.4344 1 (612) 693 -8275 -" 0 JOHN J. BERNIIAGEN Assistant Minorite Leader Senator 22nd District Route 1, Box 122 Hutchinson, Minnesota 55350 Phone: (612) 879 -4002 During Session: 130 State Office Building St. Paul, Minnesota 55155 Phone: (612) 296 -4131 March 13, 1982 fvy / CI C� Gary D. Plotz City.Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 Dear Gary: k) Senate State of Minnesota rM '5�ell A 982 �N oo RECEIVED s� BY 'v`� �`'r'1F0£6 -ZS FOR YOUR INFORMATION Senate File 1677 that deals with zoning of manufactured homes passed the Senate and will be going to the Governor's office this week. It passed on a vote of 46 to 9 and I did vote against it, as one of those nine. Sincerely, jVsisths)JT. Bernhagen ant Minority Leader JJB:yr COMMITTEES • Agriculture & Natural Resources • Energy & Housing • Taxes & Tax Laws Chairman, Mississippi River Parkway Commission All recb Oil Company GASOLINE - FUEL OILS PHONE 896 -5395 HUTCHINSON, MINNESOTA 55350 March 13,1982 Hutchinson City Council Hutchinson, Minn. Att: Gary Plotz i re ^qtr✓ r � . �9 ro� MAR 1982 �! RECEIVED w nj �'_06'60 8Z L29��L FOR YOUR INFORMATION I am writing this letter in behalf of Mrs. W.A. Tesch and at her request. She wishes to have this matter presented to the City Council at the earliest possible moment. As you know,Hutchinson has been negotiating for Mrs. Tesch's properly (1361st. Ave. S.W.) for quite-some-time. Mrs. Tesch - accepted the City's appraisal of $48,000.00 "for her property in good faith. Ske also granted the City a lengthy option for little or no compensation again in good faith. Since the option contained a very rappid evacuation clause in case the option were to be exercised, Mrs.-Tesch deemed it wise to began a search for suitable living quarters; acting again in good faith, and by good grace found suitable quarters. It seems that Hutchinson has reached a situation of impasse , and realizing that Mrs. Tesch now approaches ,91 years of age, further dalliance - to say the very least -is mighty stressful i Through all of this Mrs. Tesch wants to feel that she is acting ethically correct in the matter, and we feel that she is asking very little in asking the Council to act now in purchasing the property,or to encourage her to sell her property on the open market with their blessing and cooperation implied. Respectfully yours Ematu�nanuel V.Albrecht FOR YOUR INFORMATION � -- ----- � ' / / ` / ^ v / ' ` ` ^ ^ / o , m( " " * ` ` ' ^ ' " 3 pa ffl,11T Ft _34 11 [Ica IT 77 hl W 313 AI I TI r7� Ito T �_.J i;31 D�.V. r"S7 ET H9 2 Z79 — Ty ,3040CA 71/7A � ' / / ` / ^ v / ' ` ` ^ ^ / o , m( " " * ` ` ' ^ ' " VIN WEBER WASHINGTON OFTIM ? QTH DlrrmcT, MINNESOTA 514 CANNON BUILDING • WASHINGTON, D.C. 20515 COMMITTEE ON SCIENCE AND (202) 225 -2331 • TECHNOLOGY cDIYg�E� Df. the Mnito Otatt$ LEONARD SWINEHART ADMINISTRATIVE ASSISTANT SUHCOMMITTE[St ENERGY DEVELOPMENT AND knot of AP.protntatiba DISTRICT OFTICESt .. APPLICATIONS Room 133 SCIENCE. RESEARCH, ANDaBjliNi�, _,ft� 11T�1� 1� st & O.C. �20515 720 ST. GERMAIN TECHNOLOGY Sr. CLOUD, MINNEMrA 56501 (612) 252 -7580 . COMMITTEE ON SMALL BUSINESS 61"r�8�92Q N 2��,� GNTIESGTA MARS2HALL, IM 56255 (807) 532r9811 TAX, ACCESS TO EQUITY CAPITAL, AND 1 (9SZ BUSINESS OPPORTUNITIES ro AMSTANT OM RR�AR iwC March 12, 1982 REPUBLICAN POD COMMITTEE CP BY Mr. Ralph Coffin 416 A 3rd Ave: SW Hutchinson, MN 55350 FOR YOUR INFORMATION Dear Mr. Coffin, I am enclosing a number of letters and news releases pertaining to the actions of the Region 6E Community Action Agency: The whole issue comes down to a very simple principle;-I feel that it is wrong, as well as being against the law, for government agencies to spend taxpayer's money to lobby on behalf of themselves. You will note that this type of action is not limited to Willmar alone. This action across the nation costs the taxpayer uncounted thousands of dollars every year. I hope that you will find the enclosed articles helpful in understanding the exact sequence of events and actions in this matter. If-you have any further questions please - don't hesitate to contact me_ S1�f/rl ly, I ' V Meof C ongress VW /mo Enclosure Con g /��ressn�an e�'� Relea§e C + r4 V3*Ln Weber CoAtacto.Dan,Griswold, news secretary, (202) 225 -2331 WEBER BEGINS PROBE OF AGENCY LOBBYING IN MINNESOTA WASHINGTON, -D.C.--Congressman Vin Weber announced today that he has ' requested an investigation of political lobbying by a federally - t:. funded agency in Minnesota. The Region bE Community Action Agency(CAA) in Willmar, Minn., "has } used tax= -dollars -to encourage people to write to congressmen and- --- _ senators in opposition to the Reagan budget cuts," Weber said. - "Thin tanOr an isoiatpd case_" the Congressman was autek to add. "Virtually every government agency in the country, and especially in Washington, D.C., has tried to-.influence Congress at- taxpayers' - expense. The. cost. could amount to several hundred thousand dollars. nationwide.. "What makes the whole situation intolerable is the use of the taxpayers' money to lobby against what a huge majority of taxpayers ' want - -a reduction in federal spending, "`he said. Congressman Weber wrote to the Acting U.S. Comptroller General on March 24 requesting an investigation of -the activities of the Region 6E CAA. } If the Comptroller rules there was no abuse, Congressman Weber has directed the House Labor and Education Committee staff to draft a.pecific legislation that will end such lobbying. The Willmar agency, which receives funds through the federal Community Services A cy(CSA), has asked resid s in Kandiyohi and Renville counties to write Congressman Weber and Senators Durenburger i' T • (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 March 15, 1982 �� 181g�,0� �fC �� MpA�9ar1 w o v� N 0c u -L£ 0� 62�2ti -e, Mr. Gary P lotz , Administrator 6d, City Hall FOR YOUR INFORMATION Hutchinson, MN 55350 RE: Freitag vs. City of Hutchinson, et al Our File No. 80 -H -58 Dear Gary: I am pleased to enclose a copy of the Order of U.S. District Court Judge Diana E. Murphy which was entered on March 9, 1982. I have also enclosed a copy of the notice of entry of order which was served upon Attorney Ronald C. Anderson. Under the Federal Rules of Civil Procedure, Mr. Anderson has 30 days in which to file a Notice of Appeal. Hopefully, he will choose not to do so. Judge Murphy, in keeping with sound judicial policy, disposed of the action -by ruling on the narrowest possible issue. - Judge Murphy held that the Freitag's did- not show that they had been deprieved of a protected pro - Perty or liberty interest. Since they did not assert a protected property interest the court was unable to assume jurisdiction over the subject matter of the lawsuit and the matter was dismissed. Judge Murphy was thus able to remove the suit from the Federal Courts without ruling on the procedural aspects of the case or_its merits. Judge Murphy did indicate that the Freitag's could seek further proceedings in the state court should they so desire. I am hopeful that since Judge Howe has stated by letter that his ruling in the state court action would allow the City to require plaintiffs to meet drainage requirements the Freitag's will at this point choose to comply with our re- quest that they address the drainage problems prior to the construction of their proposed residence. Gary Plotz March 15, 1982 Page 2 To summarize the situation as it nows stands there is no pending legal action against the City, its officers, or the private individuals. Judge Murphy has effectively eliminated any chance for personal liability of the council members, city employees, or private individuals under 42 U.S. Code Section 1983. I feel the only possible action which the Freitag's may now take would be to appeal this decision or to attempt to have the state court direct issu- ance of the building permit without any restrictions. Given the state of the record as it currently exists I feel that either action would fail. I would like to thank all -the individual defendants who assisted me in the preparation of this case-and -in the signing and submission of the appropriate affidavits.- Without the help of all parties concerned a successful d&- fense of an action of this type would be impossible. If any of the individuals have any questions concerning this matter they should feel free to contact me directly. Please distribute a copy of this order to all concerned-parties._ Sincerely yours, James H. Schaefer City Attorney JHS:ka U01,ED :.z' Ec L. TRJCT C0 7-'R DISTRICT OF MI'''NESOTA FOURTH DIVISION DWIGHT D. F REITAG and JOAN'S FREITAG, Plaintiffs, V. THE CITY OF HUTCHINSON, a municipal corporation; GARY D. PLOTZ: MARLOW V. PRIEBE; HOMER PITTMAN; MILTON LU'ENEBERG; THEODORE BEATTY; JOHN SWANSON; and GERHARD BAHR, Defendants. O R D E R Civil No. 4 -81 -679. RONALD C. ANDERSON, Esq.,- Hulstrand, Anderson, Larson & Boylan, appeared on behalf of plaintiffs. Esq. and ROBERT C. MOILANEN, Esq., Popham, FREDERICK C. BROWN, ed on behalf of defendants. Haik, Schnobrich, Kaufman & Doty, appear Plaintiffs Dwight and JoAnn Freitag bring this action against defendants City of Hutchinson (the City), members of its city council, certain city officials, and two private citizens, pursuant to 42 U.S.C. S 1983, alleging they were deprived of their property rights without due process of .law by failure of the City to issue them a building permit, despite the order of a state district court that it do so: Jurisdiction is alleged under 28 U.S.C. S 1343(3). Defendants have moved for summary judgment. The affidavits and exhibits submitted by the parties -reveal the following facts and contentions. Plaintiff Dwight Freitag's father requested the City to issue a permit to provide. a driveway easement across his lot and to erect a single family dwelling. He subsequently deeded plaintiffs an ownership interest in a portion of the lot. After a public hearing on the matter-, the City Council denied the permit on the basis of concerns including drainage requirements and front footage requirements. Plai- ntiffs subsequently sued the City in state district court. The court directed issuance of the building permit on the basis of a finding that various problems, including drainage, could be alleviated and that the city officials had misinterpreted the front footage ordinance. r After the court's ruling, the City stated it would issue the permit, subject to plaintiffs' meeting city and state drainage requirements. After protest by plaintiffs, the state judge informed the parties by letter that his ruling would allow the City to require plaintiffs to meet drainage requirements. Plaintiffs then filed this action against the City, certain council members and city officials, and two private citizens who opposed the granting of the permit. In order to raise a procedural or substantive due process ` claim, plaintiffs must show they have been deprived of a protected property or liberty interest. Bishop v. Tice, 622 -F.2d 349, 353M (8th Cir. -- 1980); Buhr v. Buffalo Public School District No 381, 509 F.2d 1196,1202 ( 8th Cir. 1974) . Such interests are -general. y- defined by state law. Goss v. Lopez, 419 O.S. 565, 572 (1975). Neither-plaintiffs' complaint nor memorandum specify what property interest they believe they were deprived of. When questioned at the hearing on defendants' motions, plaintiffs' counsel stated that the property tight was the right to-make the highest and best use of their land; plaintiffs do not claim a property right in the permit itself but rather that they have been deprived of the free use of their property. There is no unconditional constitutional right to make the highest use of one's land. The ownership of property and incidental rights thereto are subject to limitations which a municipality deems to be essential to preserve the public health, - safety, or general welfare. See Standard Oil Co. v. Marysville, 279 U.S. 582, 586 (1929); Euclid v. Ambler Realty Co., 272 U.S. 365, 388 (1926); Walker V. State of North Carolina, 262 F.Supp. 102, 105 (W.D.N.C. 1966), aff'd, 372 F.2d 129 (4th Cir. 1967), cent. denied, 388 O.S. 917 (1967). See also Burns V. City of Des Perres. 534 F.2d 103, 108 (8th Cir. 1976), cert. denied, 429 U.S. 861 (1976). Plaintiffs have not asserted a protected property interest permitting this court to assume jurisdiction over the subject matter of this law suit so the matter should be dismissed. s This does not lea* plaintiffs without a rel*y. Further proceedings in state court are available to them. Because of the above disposition, the court need not reach the other issues presented by the parties. O R D E R Accordingly, based upon all files, records, and proceedings herein, IT IS HEREBY ORDERED that plaintiffs' action is dismissed. Dated: March , 1982. 44t,�- -`. DIANA E. MURPHY United States District Judge r ADM VE UPDATE MARCH 9, 1982 CITY OF HUTCHINSON ISSUE NO. 38 SPECIAL LEGISLATION - RELEASE OF BASS POND EASEMENTS Special legislation to release the DNR easements on the bass pond property received favor- able approval from a state legislative committee. The bill was scheduled to go to the floor as an attachment to another DNR bill. Adolph Kvam is coordinating the efforts, along with Don Woods of the State DNR. PROPOSED LANDFILL SUR- CHARGE - PROPOSED LEGISLATIVE BILL The proposed landfill sur- charge on non - hazardous waste has been deleted from the proposed legislation. An amendment for deleting a portion of the bill was approved last Friday; there- fore this resolves our primary concern. Attached is a copy of a correspondence from Adolph Kvam. ARNE CARLSON, STATE AUDITOR, VISITS MINNESOTA COMMUNITIES Arne Carlson has completed a survey of Minnesota communities and is publishing a fiscal health profile. On Tuesday, March 16 at 1:00 P.M. at City Hall, he will be meeting with City officials and, thereafter, he will hold a press conference at 2:00 P.M. Last year he had a similar survey and press release. LAWCON PARKS GRANT - APPRAISALS TO BE SUBMITTED Last November (1981), Mr. Doug VanOrden and Mr. Larry Thulin were employed by the City to perform LAWCON appraisals of 10 parcels of land adjacent to the bass pond. -These appraisals will be completed next week and submitted to the DNR and State Highway Department for review. The contract for implementation of the LAWCON Grant will be forthcoming in late May or early June for City Council action. APPRAISALS ON S &L PROPERTY Inasmuch as the S &L property is commercial in character, Mr. Doug VanOrden is not interested in performing an appraisal. Mr.. Laurel Olson is also not interested in performing the ap- praisals. I have contacted Mr. Otto Virgean, a certified appraiser from Buffalo, Minnesota, and he is also too busy to perform the appraisals. Therefore, I will need authorization to seek other alternatives for appraising the property. APPRAISALS FOR DOWNTOWN PARKING PROGRAM The City Attorney and I are finding that property owners are interested in options; however., owners are unwilling to sign without having an appraisal performed in advance. Jim Schaefer will be reviewing this situation at the City Council meeting. SURVEY OF HUTCHMOBILE RIDERS In view of the revised budget for the Transit Department, riders of the Hutchmobile were given a choice of -(1) increase in fares by 10q, per ride or (2).reduction of the telephone answering service by dispatchers to four hours per day. Riders voted overwhelmingly by over 90% approval to increase fares 10(� per ride; from 50(� to 60t (advance reservation) and 75(, to 85G (same -day reservation). Pursuant to the budget review and the survey, we are now implementing this fare change. ZL RESOLUTION OF APPRECIATION We are -very late in. acknowledging - _the - --many years of - service -of ,former Mayor-Ralph -D. -We�t- lund and Councilman Milton Lueneburg.- A thank you dinner is being planned for late March As in past years, when a Mayor or City Council member retires, the Council adopts a Resolu -' tion of Appreciation. It may be appropriate to do this at this time. Also, it has been past practice to provide the retiring members with a plaque in appreciation of their service. It is noted that we have these items in stock. " REGION 6 -E INDUSTRIAL PARK SEMINAR On March_18,_1982 there will be a regional meeting regarding locating an agricultural pro- cessing industrial park. Inasmuch as we are working on industrial development, perhaps it would be appropriate to authorize attendance. RIBBON CUTTING CEREMONY AT FIRE STATION On Wednesday, March 10, 1982 at 5:30 P.M. there will be a ribbon cutting ceremony at the new fire. station. The Fire Department is requesting that past City Council members', Mayors and the present City Council and Mayor be in attendance. ADDITIONAL ALTERNATIVES FOR LOCATING THE RECREATION DEPARTMENT AND MOTOR VEHICLE DEPARTMENT Dick Lennes contacted me today offering the old utilities building on Highway 7 West to the City for the recreation offices and Motor Vehiele. Inasmuch as the building has only one bathroom, this allows for only one of these entities. There are four offices in the build- ing, and they would rent for $280.00 per month, including all utilities. It would appear that this would be an appropriate alternative for the Recreation Department. Bruce Ericson has been part of examining all of these alternatives and will perhaps have some comments at the meeting. Another alternative for the Motor Vehicle Department is the old Shoppers Guide location on Washington Avenue'East. The rent is $325.00 per month, including heat. We will be examining the building this afternoon. -2- r Adolph L. Kvam District 22A Meeker - McLeod - Renville Counties Committees: Health and Welfare Departmental Affairs Reapportionment and Elections Taxes Revenue Division Income Taxes - Business Climate Legislative Tax Study Commission Gary D. Plotz, City City of Hutchinson 37 Washington Avenue Hutchinson, MN-55350 Dear Gary: Administrator West Minnesota House of Representatives Harry A. Sieben, Jr., Speaker March 8, 1982 7 �'o,,� � CO W R 1982 r M RECEjVED C1, er `�92SZ�z sza2`2oti Because of your-telephone message relative to H. F-1176 - the solid and hazardous waste proposal, I am enclosing the amended legislation as it passed out of the House Tax Committee on March 4. In House Tax Committee action, the initial proposal changed direction; the thrust of H. F. 1176 now is directed toward "hazardous waste" - - - and the solid waste fees which would affect your landfill operation have been eliminated. With the legislation now being directed to "hazardous waste ", the language relative to liability and recovery of expenses---is unclear. That is, it could be challenged. The driving force behind this legislation is the possible enact- ment by the federal government of a "Super Fund" bill. Thanks for your concerns in this area. Should there be any questions, do not hesitate to contact me again. Sincerely, Adolph Kvam State Representative District 22A ALK:ak enclosure i JO ARNE H. CARLSON STATE AUDITOR STATE OF MINNESOTA OFFICE OF THE STATE AUDITOR SUITE 4(X) 555 PARK STREET SAINT PAUL 55103 March 4, 1982 The Honorable Ralph D. Westlund Mayor of Hutchinson City Hall 37 Washington Avenue West Hutchinson, Minnesota 55350 Dear Mayor Westlund: 296 -2551 �Ag678g��, N 4 a MAR 1982 RECEJ N VED 0) N• BY�z_ �2s2�Z£ZZZti2�2� FOR YOUR INFORMATION As you know, the Office of the State Auditor has developed the Minnesota Financial Health Program to assist communities in financial planning and to help detect early signs of fiscal stress. Our office has contacted Mr. Ken Merrill, Accountant /Controller, to arrange a time that Beth Sullivan, Director of the MFHP and I could meet with Hutchinson city officials for the purpose of -discussing the data that was collected to complete Hutchinson's fiscal health profile. The scheduled time for the meeting is 1:00 p.m. on Tuesday_, March 16, 1982 in the City Hall Council Chambers. I hope your schedule -will permit you to join us. I will hold a press conference at 2:00 .m. on the Council Chambers. A copy of our report was sent to Mr. Merrill. seeing you on Tuesday, March 16, 1982. AHC:mgt cc: Mr. Ken Merrill Acct /Controller Warmest regards, Arne H. Carlson State Auditor AN EQUAL OPPORTUNITY EMPLOYER 09�=_ A I look forward to SIX MST *ulNflb 333 WEST SIXTH STREET COMMISSION OFFICERS O. Homer Bach Chairman Ed Duesterhoeft Vice Chairman Eilert Flemming Secretary/Treasurer WILLMAR, MINNESOTA 56201 EXECUTIVE DIRECTOR H. Eugene Hippe COMMISS1119N (612) 235 -8504 PROGRAM STAFF ECONOMIC /COMMUNITY DEVELOPMENT Jerry Grinde Lee Larson Robert Otto John Walsh AGING Kathleen McCormick Irene Carlson MEMORANDUM FINANCE Lorraine Patton DATE: March 8, 1982 TO: Mayors of Litchfield, Hutchinson, Glencoe, Olivia, Bird Island, Willmar, Renville and Hector FROM: Eilert Flemming, Chairman Six East Economic Development Advisory Committee RE: Meeting on Agricultural Processing Industrial Park Feasibility Study Enclosed is a draft copy of the Co- Location /Co- Generation Agricultural Processing Industrial Park Feasibility Study. I am hopeful that you or another person could represent your city at a meeting of the Six East Regional Development Commission Economic Development Advisory Committee, community and county representatives and the consultants who did the study. The meeting will begin at 4:,00 p.m. on Thursday, March 182 1982 at the Sheep Shedde in Olivia, Minnesota. Meetings were held in September, 1981 with representatives from the search areas. The search areas are the Greater Hutchinson- Glencoe area, the Greater Litchfield area, the Greater Willmar area and the Renville - Olivia -Bird Island - Hector 212 Corridor. Detailed- information has been provided by the search cities about their infrastructure, industrial development, community assets and overall development direction. The consultants used that and other data to prepare an analysis of indus- trial assets and liabilities, together with agricultural processing industries which might be attracted to the search areas. The basic purpose of examining co- location and co- generation is to seek competitive advantages through energy savings and production efficiencies. We are hopeful that a thorough examination of the advantages of co- location and co- generation, together with our abundant agricultural resources and a more focused recruitment effort provided by the feasibility study, will enable Region Six East to achieve its aim of additional agricultural processing. I encourage you to ask questions and make comments about the study at the meeting. I look forward to seeing -you on March 18, 1982. If you have any questions, call Jerry Grinde at the Six East Regional Development Commission at (612) 235 -8504. pw