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cp11-10-1981 ciHUTCH" I' HUTCH INSON CITY CALENDAR WEEK OF November 8 TO November 1 SUNDAY MONDAY -8- -9 .( 1981 v,, IWEDNESDAY THURSDAY -11- -12- VETERANS DAY 7:00 A.M. - Joint Meeting of 8:00 A.M. - City Council Meeti City Council and with Clerical Em- Downtown Develop- ployees ment Advisory Boa id in Auditorium of City Hall CITY OFFICES CLOSED FRIDAY -13- TUESDAY -10- 7:30 P.M. - City Council Meet- ing at City Hall �*r SATURDAY -14- AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 10, 1981 ✓t. Call Meeting to Order - 7:30 P.M. Invocation - Reverend Richard H. Coston A. Consideration of Minutes - Regular Meeting of October 27, 1981 and Special Meeting of November 5, 1981 Action - Motion to approve - Motion to approve as amended 4. Public Hearing - 8:00 P.M. ,�a) Improvement Project 82 -01 ,/(b) Improvement Project 82 -02 Action - Motion to close hearing - Motion to waive reading and adopt Resolution(s) Ordering Improvement and Preparation of Plans 5. Communications, Requests and Petitions None 6. Resolutions and Ordinances �a) Ordinance No. 27/81 - An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations In the City of Hutchinson and the Official Zoning Map Action - Motion to reject - Motion to waive second reading and adopt 7. Reports of Officers, Boards and Commissions ,,,(a) Building Official's Monthly Report - October 1981 Action - Order by Mayor received for filing , (b) Minutes of Downtown Development Advisory Board dated September 2, 1981 and October 28, 1981 Action - Order by Mayor received for filing ,,(c) Minutes of Airport Commission dated October 28, 1981 / Action - Order by Mayor received for filing (d) Minutes of Tree Board dated September 16, 1981 Action - Order by Mayor received for filing COUNCIL AGENDA NOVEMBER 10, 1981 s ./(e) Minutes of "Seniors Activity Center" Advisory Board dated October 6, 1981 Action - Order by Mayor received for filing Xf) Minutes of Park and Recreation Board dated October 7, 1981 Action - Order by Mayor received for filing 8. Unfinished Business V/(a) Presentation by City Attorney on Orville Lund Assessment (Roll No. 122) (DEFERRED SEPTEMBER 8, 1981) Action - 9. New Business V4/a) Consideration of Sanitary Sewer and Water Main Extension for Kimberly's Country Estates Action - Motion to approve - Motion to reject /b) Consideration of 1982 Assessment Agreement Action - Motion to reject - Motion to enter into agreement V(c) Consideration of Endorsing Concept and Authorizing Negotiations for Development Contract for Downtown Project (Restaurant and Office Space) Action - Motion to reject - Motion to enter into negotiations /) Consideration of Application for Snow Removal Permit: 1. Walter Clay 2. Gene Betker 3. Alan Joecks Action - Motion to reject - Motion to approve and issue permits e) Consideration of Appointment of Ed Connelly to Airport Commission Action - Motion to ratify appointment c/(f) Consideration of Appointment of Milt Lueneburg to Airport Zoning Board Action - Motion to ratify appointment WAS COUNCIL AGENDA NOVEMBER 10, 1981 ✓(g) Consideration of Requesting City Engineer to Prepare Engineer's on 1982 Projects P g neer's Report Action - Motion to reject - Motion to order preparation of report - Motion to waive reading and adopt Resolution r(h) Consideration of Part -Time Coordinator for New Senior Center / Action - Motion to reject - Motion to authorize advertising Consideration of Authorizing City Administrator to Request S Bass Pond from DNR q ale of Action - Motion to reject - Motion to approve authorization to request land from State Land Commission j) Consideration of Setting Public Hearing Date for Revenue Sharin g Funds Action - Motion to reject - Motion to set hearing for November 24, 1981 `` at 8:00 P.M. , k) Consideration of "Quarters Worth" Game Center In Downtown Hutchinson Action - Motion to reject - Motion to approve and issue permit 10. Miscellaneous [/(a) Communications from City Administrator 11. Claims. Appropriations and Contract Payments U'(a) Verified Claims Action - Motion to reject - Motion to approve and authorize payment from appropriate funds �. Adjournment 9XIM 0 r AGENDA ADDITION REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 10, 1981 9. New Business ,k�) Consideration of Auditing Firm for 1981 Year End Audit Action - Motion to reject - Motion to approve audit proposal and authorize signing agreement with auditor i • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 27, 1981 1. CALL TO ORDER Vice -Mayor Gruenhagen called the meeting to order at 7:30 P.M., with the follow- ing present: Aldermen Carls, Lueneburg, and Beatty, in addition to Vice -Mayor Gruenhagen. Also present: City Administrator Plotz and Assistant City Attorney Schaefer. Mayor Westlund arrived at 7:45 P.M., at which time the Chairmanship was turned over to him. 2. INVOCATION In the absence of a pastor, there was a -time for silent prayer. 3. MINUTES The minutes of the Regular Meeting of October 13, 1981 were approved as read upon motion by Alderman Beatty, seconded by Alderman Lueneburg and unanimously carried. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS None 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 20/81 - ORDINANCE AMENDING SECTION 301:30, SUBDIVISION 3 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED BUILDING PERMITS, EXPIRATION (DEFERRED OCTOBER 13, 1981) Following discussion, the motion was made by Alderman Lueneburg to waive the second reading and adopt Ordinance No. 636 entitled Ordinance-Amending Section 301:30, Subdivision 3 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Building Permits, Expiration. Seconded by Alderman Beatty, the motion carried unanimously. (b) ORDINANCE NO. 24/81 - ORDINANCE AMENDING SECTION 720 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED PARKING METERS After discussion, Alderman Carls moved to waive reading and adopt Ordinance No. 637 entitled Ordinance Amending Section 720 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Parking Meters. The motion was seconded by Alderman Beatty and unanimously carried. C=Ifl COUNCIL MINUTES OCTOBER 27, 1981 (c) ORDINANCE NO. 25/81 - ORDINANCE AMENDING SECTION 325:00 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED "SEWER CONNECTIONS REQUIRED" Following discussion, it was moved by Alderman Beatty, seconded by Alder- man Lueneburg and carried unanimously, to waive reading and adopt Ordinance No. 638 entitled Ordinance Amending Section 325:00 of the 1974 Ordinance Code of the City of Hutchinson Entitled "Sewer Connections Required." (d) ORDINANCE NO. 26/81 - ORDINANCE AMENDING SECTION 751:40, SUBDIVISION 5, OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "TIME LIMIT, PARKING ZONES" Mayor Westlund stated Ordinance No. 26/81 needed further consideration in- asmuch as there are some areas which need 15- minute parking limits; ie. the post office, service organizations, and City Hall. However, if the Ordi- nance is not adopted tonight, this would mean it could not be enforced for another month. Assistant City Attorney Schaefer reported he could establish such time limits by adding additional language into the present Ordinance; however, he sug- gested adopting Ordinance No. 26/81 as presented and adopting a separate Resolution designating certain areas for limited parking. The motion was made by Alderman Gruenhagen to waive second reading and adopt Ordinance No. 639 entitled Ordinance Amending Section 751:40, Subdi- vision 5, of the 1974 Ordinance Code of the City of Hutchinson, Entitled "Time Limit, Parking Zones." Seconded by Alderman Beatty, the motion unani- mously carried. Mayor Westlund instructed Alderman Beatty to work with the Parking Committee to determine areas for limited parking and to present a Resolution at the next Council meeting. (e) RESOLUTION NO. 6973 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND After discussion, the motion was made by Alderman Beatty, seconded by Alder- man Carls and carried unanimously to waive reading and adopt Resolution No. 6973 entitled Transferring $20,000 from Liquor Store to General Fund. (f) RESOLUTION NO. 6977 - RESOLUTION AUTHORIZING ADDITION TO SUBSTITUTION OF SECURITIES TO FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION OF HUTCHINSON, MINNESOTA Following discussion, Alderman Beatty moved to waive reading and adopt Reso- lution No. 6977 entitled Resolution Authorizing Addition to Substitution of Securities to First State Federal Savings & Loan Association of Hutchinson, Minnesota. The motion was seconded by Alderman Lueneburg and unanimously carried. 0 -2- I 0 COUNCIL MINUTES OCTOBER 27, 1981 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - SEPTEMBER 1981 • There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF NURSING HOME BOARD DATED SEPTEMBER 24, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF PLANNING COMMISSION DATED SEPTEMBER 15, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. • (d) MINUTES OF HOSPITAL BOARD DATED AUGUST 20, 1981 AND SEPTEMBER 15, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF SANITARY SEWER AND WATER SERVICE FOR OUR SAVIOR'S LUTHERAN CHURCH (DEFERRED OCTOBER 13, 1981) City Administrator Plotz reported this item had been deferred for a legal opinion from the City Attorney on the correct procedure to initiate the project. Assistant City Attorney Schaefer stated the City should bid out the project inasmuch as the cost was over $20,000. He further recommended that the peo- ple living outside the city limits and affected by the project, who will be assessed on a deferred basis, should be notified of the project and the public hearing. They should be informed of any assessments due on their property to be deferred until such time as their property is annexed into the City. Mr. Dorf Schumacher, representative from the Board of Trustees, stressed the need for the water and sewer service to Our Savior's Lutheran Church. Mr. John Mlinar, member of the church, also stated the need for the service and the problems of the past. They would like to have the project done as soon as possible. Discussion was given to funding of the project, procedure to be followed, and the length of time involved. -3- COUNCIL MINUTES OCTOBER 27, 1981 Alderman Beatty moved to set a public hearing for Project 82 -01 on Novem- ber 10, 1981 at 8:00 P.M., and to order the City Engineer's Report. Sec- onded by Alderman Lueneburg, the motion unanimously carried. It was.moved by Alderman Beatty, seconded by Alderman Lueneburg and carried unanimously, to waive reading and adopt Resolution No. 6978 entitled Resolu- tion Ordering Preparation of Report On Improvement, Project 82 -01. It was moved by Alderman Beatty, seconded by Alderman Lueneburg and unani- mously carried, to waive reading and adopt Resolution No. 6980 entitled Reso- lution Receiving Report and Calling Hearing on Improvements, Project 82 -01. (b) CONSIDERATION OF REQUEST FOR EXTENSION OF ROAD TO COUNTRY CLUB (DEFERRED OCTOBER 13, 1981) Mr. Joe Dansereau, Secretary- Treasurer of the Crow River Country Club, ap- peared before the Council regarding an extension of Colorado Street to the Country Club. He stated it was the understanding of the Club Board that some work would be done this fall on the roads in that area. If Colorado Street was extended to abut the Club property, they would use the road as a new entrance to the Club and abandon the old road. It was pointed out that School Road is being developed to a rough grade. this year out to County Road 12. Discussion followed concerning assessments and the fact that Helland's Addition is not being developed at this. time. Alderman Beatty made the motion to set a public hearing for Project 82 -02 on November 10, 1981 at 8:00 P.M. and to order the City Engineer's Report. The motion was seconded by Alderman Gruenhagen and unanimously carried.` The Mayor requested clarification on the City Engineer's Report. Alderman Beatty then moved to order a report for Colorado Street from Seventh Avenue Northwest to South property line of the Country Club (1,000 feet). Alder- man Gruenhagen seconded the motion. Aldermen Beatty and Gruenhagen voted aye, and Aldermen Carls and Lueneburg and the Chair voted nay. The motion died. The motion was made by Alderman Beatty to order the Engineer's Report for School Road from Seventh Avenue Northwest to Eighth Avenue Northwest, Eighth Avenue Northwest from School Road to Colorado Street, and Colorado Street from Eighth Avenue Northwest to South property line of Country Club (1,750 feet). Seconded by Alderman Carls, the motion unanimously carried. It was moved by Alderman Beatty, seconded by Alderman Carls and carried unanimously, to waive reading and adopt Resolution No. 6979 entitled Reso- lution Ordering Preparation of Report on Improvement, Project 82 -02. -4- • COUNCIL MINUTES OCTOBER 27, 1981 0 It was moved by Alderman Beatty., seconded by Alderman Carls, to waive read- ing and adopt Resolution No. 6981 entitled Resolution Receiving Report and Calling Hearing on Improvements, Project 82 -02. Motion carried unanimously. (c) CONSIDERATION OF AWARDING BID FOR PHASE II ENERGY MANAGEMENT PROGRAM FOR HUTCHINSON COMMUNITY HOSPITAL (DEFERRED OCTOBER 16, 1981) On October 16, 1981 bids were received for energy conservation at the hos- pital. The actual cost to the hospital for this project will be 50% of the bid, or $16,112.50. The balance (50 %) will come from matching federal energy monies. Alderman Gruenhagen made the motion to award the bid to R &E Nelson Plumbing and Heating in the amount of $35,225.00 for energy conservation measures at the Hutchinson Community Hospital. Seconded by Alderman Carls, the motion unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS A copy of the letter mailed to all delinquent account holders was read by Mayor Westlund. He then inquired if anyone was present who wished to be heard regarding his /her account. No one responded. Alderman Lueneburg made the motion to accept the staff recommendation to discontinue service at 12:00 noon on November 2, 1981, unless otherwise noted, for the following accounts: Account No. 01- 0110 -2 -00, 02- 0215 -0 -00, 02- 0280 -1 -00, 03-0340-2-00, 04- 1015 -1 -00, 06- 0280 -1 -00, 07- 0135 -1 -00, 07- 0860-0-00, and 19- 0390 -0 -00. Seconded by Alderman Gruenhagen, the motion carried unanimously. (b) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL PERMIT BY: 1. JOHN MARVAN 2. HANSEN GRAVEL & FILL 3. JUUL CONTRACTING CO. Following discussion, it was moved by Alderman Lueneburg, seconded by Ald- erman Beatty and unanimously carried, to approve the snow removal applica- tions and issue permits to above - named. (c) CONSIDERATION OF APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL BY WILLIAM C. LEUNG (GOLD COIN CHINESE RESTAURANT) After discussion, Alderman Beatty moved that with the recommendation of the Police Chief to approve the application an d issue license to William C. Leung. The motion was seconded by Alderman Gruenhagen and unanimously carried. -5- COUNCIL MINUTES OCTOBER 27, 1981 (d) CONSIDERATION OF APPLICATION FOR RETAIL "ON SALE" NON - INTOXICATING MALT LIQUOR LICENSE BY WILLIAM C. LEUNG FOR GOLD COIN CHINESE RESTAURANT Following discussion, the motion was made by Alderman Lueneburg to approve the application and issue a permit to William C. Leung for a Retail "On Sale" Non - Intoxicating Malt Liquor License. Seconded by Alderman Gruenhagen, the motion carried unanimously. (e) CONSIDERATION OF MAINTENANCE CONTRACT WITH MINNESOTA CASH REGISTER FOR LIQUOR STORE REGISTERS AND EQUIPMENT The guarantee on the recently installed electronic cash registers in the liquor store has now expired. It was recommended that a maintenance contract for the data terminal systems be entered into with Minnesota Cash Registier. The contract would be for a one year period at a cost of $1,005.20 for rrv- ice Monday through Saturday. After discussion, it was moved by Alderman Lueneburg, seconded by Alderman Beatty, to approve entering into a contract with Minnesota Cash Register. Motion unanimously carried. (f) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY PURE CULTURE PRODUCTS, INC. WITH FAVORABLE RECOMMENDATION OF PLANNING - COMMISSION A conditional use permit was requested by Pure Culture Products, Inc. to in- stall a product storage tank in a IC -1 zone. Following discussion, Alderman Beatty moved to waive reading and adopt Reso- lution No. 6974 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 for Installing A Product Stor- age Tank. Seconded by Alderman Gruenhagen, the motion carried unanimously. (g) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY JOHN MILLER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCIES Mr. John Miller requested to move a house from outside the city limits to 475 California Street, adjacent to the location of a house moved into the city about a year ago by Mr. Miller. It was reported the two parking lots would be made one, but the lot could not be surfaced by the deadline since the city is doing improvements in that area. After discussion, it was moved by Alderman Lueneburg, seconded by Alderman Beatty land unanimously carried, to waive reading and adopt Resolution No. 6975 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 for Moving A House Into City Limits, with the contingency that the exterior of the building and the landscaping be fully completed by June 1, 1982 and the surfacing of the parking lot be com- pleted by July 1, 1982. -6- • 0 i COUNCIL MINUTES OCTOBER 27, 1981 i (h) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY CURTIS ERICKSON WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Curtis Erickson made application for a conditional use permit to allow building cluster housing in-a R -1 district. The Planning Commission defined the units as duplex, which was not permitted in R -1 district. Also, there was opposition from.adjo.ining.property owners. It was the recommendation of the Planning Commission to reject the request for a conditional use permit. Following discussion, the motion was made by Alderman Beatty to reject the conditional use permit for Curtis Erickson upon the recommendation of the Planning Commission. The motion was seconded by Alderman Carls and carried unanimously. (i) CONSIDERATION OF REQUEST BY STAFF TO REZONE ALL OF BLOCKS 19 AND 20 NORTH HALF CITY OF HUTCHINSON AND VACATED PROSPECT STREET LYING BETWEEN SAID BLOCKS 19 AND 20 FROM C -2 TO IC-1, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was recommended by City ... staff to rezone all of Blocks -19 and 20 North half City and vacated Prospect Street lying between said blocks 19 and 20 from C -2 to IC -1 to allow more flexibility. After discussion, Alderman Beatty moved to waive the first reading of Ordi- nance No. 27/81 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations In the City of Hutchinson and the Official Zoning Map, and set the second reading for November 10, 1981. Seconded by Alderman Lueneburg, the motion unanimously carried. (j) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY CHARLES PEARSON (WOODWORKERS FOR JESUS, LTD.) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCIES Mr. Chuck Pearson submitted an application for a conditional use permit to allow a small wood manufacturing operation with a factory outlet store in • proposed IC -1 zone. It was pointed out.the building has been vacant for • period of over six months. Following discussion, it was moved by Alderman Lueneburg, seconded by Ald- erman Gruenhagen, to waive reading and adopt Resolution No. 6976 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zon- ing Ordinance No. 464 for Wood Manufacturing Operation with Factory Outlet Store, with the contingencies that the City Council approve the IC -1 zoning and that the parking and surfacing of the parking lot meet the requirements of the Zoning Ordinance. The motion carried unanimously. -7- COUNCIL MINUTES OCTOBER 27, 1981 (k) CONSIDERATION OF SKETCH PLAN FOR SUBDIVISION PLAN, SECTIONS 2 AND 3, LYNN TOWNSHIP, OUTSIDE OF CITY LIMITS (BERTHA PRIEBE, ETAL.), WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION McLeod County submitted a sketch plan of Sections 2 and 3, Lynn Township, to the City for comments on the layout. There were four areas of concern discussed by the Planning Commission: 1) right -of -way from County Road 82; 2) area to remain mixed use and need for dust -proof surface on road; 3) ease- ments and land- locked land; and 4) no plan for remaining area for future land subdivision. Following discussion, Alderman Beatty moved to approve the recommendation of the Planning Commission. Seconded by Alderman Lueneburg, the motion - -ear- ried unanimously. (1) CONSIDERATION OF SNOW REMOVAL AT BURNS MANOR, HUTCHINSON COMMUNITY HOSPITAL AND AIRPORT AND SNOW HAULING IN DOWNTOWN AREA It was recommended that the quotes received for snow removal at Burns Manor, the hospital and airport from Erickson and Templin for the 1981 -82 season be approved as follow: Cat #966 Front End Loader with Operator. .$58.00 /Hr. Cat #12 Motor Grader with Operator . . . . . . 45.00 /Hr. It was further recommended to accept the quote from Gene Birk and Associates in the amount of $25.00 per hour for snow hauling by truck with operator in the downtown area. After discussion, it was moved by Alderman Lueneburg to approve the quotes from Erickson and Templin for snow removal at Burns Manor, Hutchinson Com- munity Hospital and the airport and from Gene Birk and Associates for snow hauling in the downtown area. Seconded by Alderman Gruenhagen, the motion unanimously carried. (m) CONSIDERATION OF SETTING SPECIAL MEETING DATE FOR COUNCIL CANVASS OF ELECTION Following discussion, the motion was made by Alderman Beatty, seconded by Alderman Carls, to set November 5, 1981 at 6:30 A.M. for the special Coun- cil meeting date to canvass the election returns of the City general elec- tion held November 3, 1981. Motion carried unanimously. (n) CONSIDERATION OF CHANGE ORDERS FOR FIRE STATION Fire Chief Schlueter reported on the changes made on the fire station and stated there would be an additional $1,500.00 cost for the change orders. • • COUNCIL MINUTES OCTOBER 27, 1981 After discussion, the fire station. ried unanimously. 0 Alderman Beatty moved to approve the change orders for The motion was seconded by Alderman Lueneb urg and car- 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported the Assistant City Attorney had researched the question of whether the City should return the bid bond of Advanced Con- tractors for Sidewalk Improvement Project 81 -34. Assistant City Attorney Schaefer stated the purpose of a bid bond is for performance of the work done by the bidder and not to punish the bidder if there was an error in the bid. The bond shows the serious intent of the bidder, and it would cover payment to the City for any damages incurred. In the event a mistake was made by the bidder and noted by the City prior to the acceptance of the bid, the bidder is not required to forfeit the bid bond. In this case, the City did not suffer any damage and was only delayed in construction time. City Administrator Plotz further reported that the City Attorney had studied the issue raised regarding an addition to the present public library. Mr. Schaefer commented the issue had been raised whether the City could ex- pand the Public Library in Public Square since the use of Public Square property for a library is inconsistent with the purposes of a Public Square. The south half of the City was dedicated in 1859, but the plat was lost or destroyed. Therefore, in 1879 the Legislature passed a special act to auth- orize a substitute plat to be filed. On the plat are areas marked "park" and "public square." The City Attorney then made reference to a Minnesota State Supreme Court case of Allen vs. the Village of Savage, which had a similar situation. Since there is no specific dedicatory language, the dedication of the Public Square in Hutchinson is a common law dedication rather than a statutory ded- ication. The Library has been in use since 1903 without complaints by the dedicator or any successors in interest, and therefore, the dedicatory has waived all rights. The Library was built by the vote of the people and placed'on the Public Square, and it is consistent with such purposes. City Administrator Plotz commented on several up- coming meetings scheduled within the next few days. (b) COMMUNICATIONS FROM ALDERMAN LUENEBURG Alderman.Lueneburg stated he had a visit by a representative from RCM. The representative gave a favorable report on'the treatment plant being used to -9- COUNCIL MINUTES OCTOBER 27, 1981 its fullest capacity during this past year. (c) COMMUNICATIONS FROM JOHN MLINAR Mr. John Mlinar stated that since his appearance at the previous Council meeting the residents of Clifton Heights had received a letter from the City regarding sewer hookup. He then commented that the lateral storm sewer assessment was almost double the estimated cost and asked if any re- search had been done in this area. Mayor Westlund informed Mr. Mlinar that some policy changes were made dur- ing the past year as recorded in the March or April minutes. The City En- gineer would have a report for the next Council meeting. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS �v (a) VERIFIED CLAIMS It was moved by Alderman Beatty, seconded by Alderman Lueneburg and carried unanimously, to approve the verified claims and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at--9:20 P.M. upon motion by Alderman - Lueneburg, seconded by.- Alderman.Beatty and.unanimously carried. _.. • -10- 0 • MINUTES SPECIAL 14EETING - HUTCHINSON CITY COUNCIL THURSDAY, NOVEMBER 5, 1981 The special meeting was called to order by Mayor Westlund at 6:30 A.M., with the following present: Aldermen Carls, Lueneburg, Gruenhagen and Beatty, in addition to the Mayor. Absent: None. Also present: City Administrator Plotz and City Ac- countant Merrill. The City Council reviewed the results of the General Election held November 3, 1981. The motion was made by Alderman Beatty and seconded by Alderman Lueneburg to adopt Resolution No. 6982 entitled Resolution Canvassing Election Returns of City General Election Held November 3, 1981. Motion unanimously carried. The Council discussed the second proposal for the S & L site being prepared by Mr. Richard Smith from Minneapolis for development of the property into an office building. The Council requested scheduling a joint City Council and Downtown De- velopment Board meeting for Wednesday, November 11, at 7:00 A.M. The Council discussed the status of the parking program. George and Walter Quast had requested a meeting with the Council to discuss the acquisition of the property for parking purposes. The Council established Friday, November 13 at 7:00 A.M. for a meeting. The City Council also requested the City Attorney to get the Attorney General's opinion on the addition of the Library to the Main Street Square. There being no further business, the meeting adjourned. N-01 HUTCH C t 1 O �-. U t C< < Ef l S o l'L, 37 AV-E UE tVEST HUTCI� 'r ENGINEER'S REPORT DATE: October 27, 1981 TO: Mayor and City Council FROM: Director of Engineering SUBJECT: Watermain, Sanitary Sewer, Lift Station & Appurt. Improvement Project Gentlemen: I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. If acceptable, I recommend a hearing be held on November 10th, 1981 Proj ect 82 -01 Construction of Watermain, Sanitary Sewer, Sewer Lift Station & Appurtenances on Bluff Street from 200' to 1,200' t:orth of Valler's Drive Construction Cost $ Engineering -- Fiscal and Miscellaneous Land Acquisition Capitalized Interest TOTAL------------------------------------------ $ Assessable Cost $ Deferred Assessable Cost City Cost TOTAL------------------------------------------ $ pv 57,157.00 5,328.00 5,328.00 -0- 5,329.00 73,132.00 21,211.00 39,076.40 12,844.60 73,132.00 Respectfully submitted, Marlow V. Priebe City Engineer // - a-, (; RESOLUTION NO. 6983 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS PROJECT 82 -01 WHEREAS, a resolution of the City Council adopted the 27th day of October, 1981, fixed a date for a Council Hearing on the proposed improvement of Bluff Street from 200' to 1,200' North of Waller's Drive by: the construction of watermain, sanitary sewer, sewer lift station and appurtenances; AND WHEREAS, ten day's published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon the 10th day of November, 1981, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the Council Resolution adopted October 27th, 1981. 2. Marlow V. Priebe is hereby designated as the Engineer for this improvement.- He shall prepare Plans and Specifications for the making of such improvement. Adopted by the Council this 10th day of November, 1981. Ralph D. Westlund, Mayor Gary D. Plotz, City Administrator 0 Lf�U %L C f l i! ` S7 LVASHI-:GTOP�' -� HU; 1, Hi1'�'S L.J. ;.- ',','V; �'. .. J✓ ENGINEER'S REPORT DATE: October 27, 1981 TO: Mayor and City Council FROM: Director of Engineering SUBJECT: Gravel, Grading, Shaping and Appurtenances Improvement Project Gentlemen: I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. If acceptable, I recommend a hearing be held on November 10th, 1981 Project 82 -02 Construction of Gravel Base on School Road from Seventh Ave. N.W. to Eighth Ave. N.E'. and construction of Temporary Gravel Surface with Grading, Shacina and Appurtenances on Eighth Ave. N.t;. from School Road to Colorado Street; and on Colorado Street from Eighth Ave. .N.W. to the North line of Helland's 1st Add. Construction Cost $ 7,794.60 Engineering - 445.46 Fiscal and Miscellaneous 446.46 Land Acquisition -0- Capitalized Interest 446.46 TOTAL ------------------------------------------ $ 9,132.98 Assessable Cost $ -0- Deferred Assessable Cost 1,821.46 City Cost 7,311.52 TOTAL-------------------- - - - - -- ---------- - - - - -- 9,132.98 Respectfully submitted, Harlow V. Priebe City Engineer py RESOLUTION NO. 6984 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS PROJECT 82 -02 WHEREAS, a resolution of the City Council adopted the 27th day of October, 1981, fixed a date for a Council Hearing on the proposed improvement of: School Road from Seventh Ave. N.W. to Eighth Ave. N.W. by: the construction of gravel base; and Eighth Ave. N.W. from School Road to Colorado Street, and Colorado Street from Eighth Ave. N.W. to the North line of Helland's First Addition by: the construction of temporary gravel surface with grading, shaping and _. appurtenances; AND WHEREAS, ten day's published notice of the hearing through two weekly - publications of the required notice was given and the hearing was held thereon the 10th day of November, 1981, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the Council Resolution adopted October 27th, 1981. 2. Marlow V. Priebe is hereby designated as the Engineer for this improvement. He shall prepare Plans and Specifications for the making of such improvement. Adopted by the Council this 10th day of November, 1981. Ralph D. Westlund, Mayor Gary D. Plotz, City Administrator 0 0 • ORDINANCE NO. 27/81 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 C -2 Automotive Service Commercial to IC -1 Industrial /Commercial District. All of Blocks 19 and 20.North Half City of Hutchinson and vacated Propsect Street lying between said Blocks 19 and 20 Adopted by the City Council this day of , 1981. Ralph D. Westlund Mayor ATTEST: Gary D. Plotz City Clerk 4 -,Y-, j (612) 587 -5151 l f` HUlIH CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 'DATE: November 3, 1981 TO: City Council FROM: Building Official RE: October 1981 Building Report Attached is the October 1981 Report of Building Permits Issued and Local Public Construction. There were 4 Sign Permits, 3 Mobile Home Permits, and 44 Building Permits for a total of 51 permits issued during the month. The total Construction Cost Evaluation was $1,005,733.00. There were also 26 Plumbing Permits issued during the month. Sincerely, CITY OF HUTCHINSON Homer Pittman Building Official HP /pv attachment 7 . _ 54 •E_71FAU OF 7r E G!. C __FOP_ THE 4T.. CONTINUE ON REVERSE SIDE cc: __ r a- r erne, ir, nre ald actress i ^_ t REPORT OF BUILDING PERMITS ISSUED AND 6105 20 41 9 9999 n65 C c1 ' 26 0 273^ LOCAL PUBLIC CONSTRUCTION HOMER PITTMAN BLCG OFF CITY HALL 37 WASHINGTON AVE WEST PLEASE RETURN Bureau of the Census HUTCHINSON F1 55357- WHITE 1201 East Tenth Street COPY TO Jeffersonville, Ind. 47132 It no permits were issued this month. enter "X" in box and return form. " Section I — HOUSEKEEPING PRIVATELY OWNED PUBLICLY OWNED t`` ^ "er Cc.. ^str:;ctio:� cos: Nuc.e- Constructicn cast RESIDENTIAL BUILDINGS, It° Build- Housing build Housing EXCLUDING ADDITIONS Nc. (Omi: cents) i0.^rit cQ -,s AND ALTERATIONS ings units ings u: its 'a) (b' !c) Idi !e) (t) Ig? One- family houses; semidetached, i row, and townhouses 001 3 I 3 I S 232,974 ( S Z Q Two- family buildings 002 I 6 12 ( 476,027 m Three- and four- family buildings 003 4 3 tiJ Z Five -or -more family buildings 004 TOTAL (001.004) 094 9 15 709,001 Moved or relocated buildings 005 Mobile homes 300 3 3 - - - - - -- Conversion of nonresidential building to residential housekeeping building 301 Section II — NEW NONHOUSEKEE PING PRIVATELY OWNED PUBLICLY OWNED u Nmber Construction cost Number Construction cost RESIDENTIAL BUILDINGS Item No. Bldgs. Rooms Bldgs- Rooms (Omit cents) (Omit cents) (a) (b) (c (d) (e) (t) (g) Transient hotels, motels, and cabins 006 S S Other shelter 007 _T Section I11 — DEMOLITION AND PRIVATELY OWNED PUBLICLY OWNED Number Number Item RAZING OF BUILDINGS No. Buildings Housing units Buildings Housing units (a) (b) (c) !d) (e; One- family houses, semidetached, ,,,t row, and townhouses 231 d � ZZ Two- family buildings 232 w23 p J ,nom Three -and four- family buildings 233 win Ix Five -or -more family buildings 234 All other buildings and structures 240 - Section IV —NEW NONRESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED Nu ^ber o`. Construction cost Number of Construction cost BUILDINGS Item No. buildings (Omit cents) buildings !Omit cents) Amusement and recreational builoings 008 S I S Churches and other religious buildings 009 Industrial buildings 010 I Parking garages 011 Residential garages and carports 012 8 40,525 Service stations and repair garages 013 Hospitals and other institutional buildings 014 Office, bank, and professional buildings 015 Public �%orks and utilities C,.jiic ;n s 016 I S :heels and other ecaca:ic ..,I _. ,,. r s 017 Stores and other mercantiie buildings I O,S Other nonresidential buildings 019 Structures other than buildings 020 3 8,550 CONTINUE ON REVERSE SIDE - l.t. L TERt,710N S 1 ° 4 FORM C•404 I10.% -701 021 i 13 o S -` 1,815 All otre; buildings and structures 021 10 � 217,842 � 1 ! 10,000 Section V. — IKDIVIDUAL PERMITS — $500,000 OR MORE List below permits issued for new buildings and for new additions ar.d alterations with a construction cost of 5500.000 or more. Also list all permits for buildings omitted from sections I, 11, IV, and V because you could not classify them; enter a dash under item number in column (a). Item Item Description Tess Name an ad ^Tess c' Ormership *,'ark x, ccst cf cens!ructlon Nu-_r of housing NL: oer of owner or t: Cne ;C...,; c° -,r5, units 5 cries (a) (b) (c id, a ;f; Ip, Kind of building - - - -- ---------------- - - - - -- ❑ Private --------------- Site address — — — — Public Kind of building ------------------ - - - - -- Private --------------- - - - -- Site address -------------- --- - - - - -- ED Public Kind of building ------------------ - - - - -- [D Private -------------- - - - -- Site address — --- - - -- M Public Kind of building ----------------------- C3 Private - -------------------- Site address ----------------- - - - - -- El Public Kind of building -------------------- — — — ❑ Private --------------- - - - -- Site address ----------------- - - - - -- Public Kind of building ------------------ - - - - -- ❑ Private Site address --- - - - - -- ❑ Public Kind of building ----------------- - - - - -- ❑ Private Site address / ----------------- - -- - -- ❑ Public Kind of building ----------------- - - - - -- 0 Private --------------- - - - -- Site address --- -------------- - - - - -- ❑ Public Kind of building --------------- - - - -- ---------------- - - - -•- -- Private Site address --------- - - - - -- [] Public Kind of building ------------------ - - - - -- ED Private Site address ------------------ - - - - -- E:] Public Comments 020 — $7,300.00 Foundation for Bulk Storage Tank; $850.00 Driveway and $400.00 Replace Sidewalk & Driveway Change in geographic coverage by annexation. Name of person to contact regarding this report Telephone Homer Pittman Rrc'.1 code f:u -ter E ►lens o Title Building Official 612 587 -5151 210 Has there been any change in geographic coverage of your permit system during this period? ........................... (E Yes — Explain in cormlents [JNO FORM C•404 I10.% -701 n E MINUTES DOWNTOWN DEVELOPMENT ADVISORY BOARD WEDNESDAY, SEPTEMBER 2, 1981 The meeting was called to order by Chairman Skip Quade at 12:00 P.M. with the following members being present: Don Abbott, Jay Alrick, Tom O'Connell, Don Erickson, Tom Savage, Robert Stearns, Marlin Torgerson and Ted Beatty in addition to Chairman Quade. Ex- officio members attending were Mayor Westlund and Clarice Coston. Others attending included Administrator Assist- ant Gary Plotz,._City Engineer Marlow Priebe and councilman Milt Lueneburg. 1) Approval of Minutes The minutes of the meeting dated March 10, 1981 were unanimously approved on motion by Marlin Torgerson and seconded by Don Erickson. 2) Progress Report on Downtown Development The meeting was then turned over to Mayor Westlund. He explained the reason for the meeting was to update the Downtown Development Advisory Board on a feasibility study the city had done by the firm Laventhol & Horwath. He then introduced Mr. Bruce Lieberman and Stephen Sherf both representing the firm. Mr. Lieberman then informed the Board of the firms background explaining each of them worked out of the firms Minneapolis office. He stated their study had dealt with three particular areas: 1. Retail 2. Hotel 3. Restaurant r Retail Mr. Lieberman's stated the study indicated that Hutchinson was a solid stable community with good growth. It has a total population of 70,000 shoppers within a 28 mile radius. Additional retail stores they recommend- ed included a candy store and newstand, tobacco store, stereo and elect- ronics shop, record and tapes store, flower shop, amusement arcade, ice cream store and bakery. Hotel The study indicated there is some demand in this segment which is not being captured. However, their recommendation was that a hotel not be developed at this time. Restaurant Their studies recommended an atmosphere restaurant which would serve liquor and be moderately priced. It should contain approximately �b Downtown Dev. Adv. Board September 2, 1981 Page 2 125 seats, with additional seating for approximately 60 persons in a separate lounge area. The lounge should offer limited live enter- tainment and be physically separated from the dining area. The fac- ility should also have banquet space in the basement accomodating groups of up to 100 people. In summary, the firm recommends the redevelopment area should be south of the Town Square. The existing facilities should be demolished. They.also recommended the Municipal Liquor store and the sporting goods store relocate on the land east of town square to consolidate the down- town district. These establishmends as well as the newly developed retail stores should remain open evenings. It was also recommended that a 125 seat restaurant with 60 additional lounge seats and approximately 1,000 sq. ft. be located on the first floor of the S & L Building. The S & L Building should be demolished and a new facility constructed. 3) Progress Report on the Parking Program The Mayor then updated the Board on the offstreet parking program. . He stated the City has hired Mr. Tom Savage to negotiate with property owners to acquire land for the offstreet parking program as well as for a new activity center to be shared with by the school. The Wigen Building has been purchased and the Benjamin property (Nemitz) will be condemned. The Armory was purchased by Citizens Bank for $135,000 in addition to $65,000 to be used toward the purchase of a new activity center. The Mayor then stated the Council has consented to the removal of the parking meters effective October 1, 1981. He then asked Mr. Priebe, City Engineer to present to the Board the model of plans that Citizens Bank had drawn up for future expansion in regard to First Avenue Southwest (Old Armory site). There being.no further business to come before the Board at this time, the meeting adjourned at 1:05 P.M. 0 0 0 MINUTES AIRPORT COMMISSION OCTOBER 28, 1981 Present: Doug McGraw, Chairman Don Pankake Randy Buboltz John Miller Also Present: Jim Weckman, Airport Mechanic Gary D. Plotz, City Administrator APPOINTMENT OF REPLACEMENT MEMBE L� In view of the resignation of Doug Hedin, the Airport Commission discussed the need for a replacement member. A motion was made by Milt Lueneburg, seconded by Doug McGraw, to accept the resignation of Doug Hedin and recommend to the Mayor -� and Council the name of Ed Connelly. Motion unanimously approved. APPOINTMENT REPLACEMENT TO JOINT CITY /COUNTY ZONING BOARD The Airport Commission discussed the status of the Airport Zoning Board. John Miller announced that he resigns from the Airport Zoning Board. A motion was made by Randy Buboltz, seconded by John Miller, to accept the resignation and to recom- mend the name of Milt Lueneburg as the replacement member. Motion unanimously carried. After discussing the joint Airport Zoning Board further, a motion was made by Milt Lueneburg and seconded by John Miller, to invite the affected townships (Lynn and Hassan Valley) to have a representative on the Zoning Board, pursuant to the re- vised State Statute. Motion unanimously carried. HEATING THE AIRPORT MAINTENANCE HANGAR The airport mechanic appeared before the Airport Commission and notified the mem- bers he would be unable to pay for the heating of the building. He had attempted to install a "waste oil" heater, and it was found unacceptable by both the Building Official and the Fire Marshall for various reasons. It was the unanimous consensus of the Airport Commission to provide the mechanic with assistance in heating the building, including checking into the City purchas- ing curtain dividers, infra -red heaters, kerosene heaters, insulating and /or weather- stripping. It was felt that Ralph Neumann should be placed in charge of checking out the alternatives and making the necessary changes. 7-21 MINUTES - OCTOBER 28, 1981 AIRPORT COMMISSION PAGE 2 VASI The Airport Commission requested Gary Plotz to contact the State about obtaining a VASI landing system. An Tn7TPMW WT The meeting adjourned at 7:30 P.M. TREE BOARD MINUTES September 16, 1981 City Hall Council Chambers Meeting was called to order at 7:30 p.m. Members present were Mrs. Axel Jensen, Roy Johnsen, Jerry Brown, Ivan Larson, Mike Carls and Mark Schnobrich. Mark Schnobrich reported on the progress of the elmwood utilization project currently going on at the elmwood disposal site. City crew members have begun cutting and splitting the debarked elm logs and will have for sale the split wood in October. Price of the split wood was discussed by the board with Schnobrich reporting that the estimated $40 (forty dollars) per cord will not be enough to cover costs of crew and equipment. Ivan Larson suggested not to announce a sale price until all costs are known and then to go from there. Schnobrich also reported the approval by the Environmental Protection Agency of Dursban 2E insecticide for use on potential elm firewood. This approval allows the city, not the private owner, to spray elm logs and to let those logs be used as firewood. Schnobrich, along with McLeod County Parks Superintendent, Al Koglin, have proposed a permit system to allow people in Hutchinson to handle and store bark intact elmwood within Hutchinson's disease control zone. This permit would allow, for one year, that person to control that elmwood which was sprayed by either the County Parks or the City of Hutchinson. Within that one year, people holding that wood would not be tagged for possession of bark intacted elmwood. After that one year, should that person still possess bark intact elmwood without a current permit, he or she would be subject to condem- nation by the city. The Tree Board approved the concept of the permit system and recommended its implementation. Discussion on Library Square and the continuation of planting in the square found the board approving planting of a memorial tree by Mrs. D. J. Black in memory of her husband. It was affirmed again by the board and approved by council, that further plantings within the square be discontinued until future plans of the park are confirmed. Memorial trees and -the concept of promoting them was discussed with the boards approval. To date only a few people have confronted the city with a request to plant memorial trees for a loved one. A city oriented Heritage Tree Program was brought up by Mark Schnobrich. Schnobrich discussed the concept of developing a program where by historical _ trees, large trees, and unique tree species be recongnized within Hutchinson. This program would parallel the already active State Heritage Tree Program, but only be on a local scale, The board agreed upon it's concept and suggested that Schnobrich present the State program to the public, watch for participation and then promote the local program. The status of the Dutch elm disease program was discussed with a total loss of 619 trees being reported to date. This compared to a total of 509 for last year. That is a 21% increase in tree losses for 1981. Schnobrich stated this increase was a direct result of the past two winters being mild, and decreasing the mortality rate of the elm bark beetle. Mike Carls brought up comments on budgeting for disease tree removal, state appropriations, and how we appropriate our budget without knowing the full state appropriations. 7-Z, Page two Tree Board Minutes September 16, 1981 Schnobrich brought up the problem with planting and homeowners requests for trees. 'He asked the board for suggestions on planting criteria that he may follow when proposing a season's planting. After discussion the board came up with the following criteria, in order of importance. 1. Replace young trees which have died. 2. Stick to area concept of plantings. 3. Fill requests by homeowners and plant other areas as needed. Limited funds each year restrict the possibility of fulfilling all the re- quests and areas that need trees. The board feels that by establishing these guidelines, it can better keep the planting program organized. r 0 0 MINUTES "Senior Activity Center" Advisory Board Tuesday, October 6, 1981 The "Senior Activity Center" Advisory Board met Tuesday, October 6, 1981 at 9:30 a.m. Emma Lake presiding. Present: Emma Lake Ira Kenney Erma McKenzie Don Falconer Norine Riesberg Tom Stibal JoAnn Gehlen Absent: Milton Lueneburg John McRaith 1 The minutes of the September meeting were read and approved on a motion by Tom Stibal, seconded by Don Falconer. Carried. The treasurers report was read showing a balance of $7.33 in checking and $113.37 in savings. Don Falconer made a motion to approve the report. Ira Kenney seconded the motion. Carried. Old Business The results of the September Fish Fry were discussed and bills approved and thank -you notes to be sent to proper people. New Business Mr. Jimmy Shelago was present to make several suggestions as to things the board could do to promote interest -in activities at the center and ideas for fund raisers. Emma Lake asked if the Board was willing to promote a Halloween party, Erna McKenzie seconded the motion. Carried. It was suggested to contact the Elk Does to see if they would be interested in helping put on the party as a part of their civic interest. If they are not able to, then Emma Lake will act as a chairperson and assign duties. There was a discussion as to carrying on activities at the center, the Board agreed that the Bunco and Bingo games should continue as well as possible special activities during the remainder of 1981. The meeting was adjourned at'11:00 a.m. Respectfully submitted, Norine Riesberg, Secretary 9 0 MINUTES Park & Recreation Board Meeting October 7, 1981, City Hall The Park & Recreation Board met with Dr. Chernausek, Roy Johnsen, Donald Falconer, Rolland Jensen, Mike Carls, and Kathy McGraw present. Also present were Cliff Paulsen, Parks, John McRaith, Recreation and Mary Haugen, Civic Arena Coordinator. Julie Haag, new representative from the Leader introduced herself, and Grace Sanstead, Secretary. The minutes of the September meeting were read, and approved by Dr. Chernausek, Roy Johnsen making the motion, seconded by Rolland Jensen. Darrel Thalmann of Our Saviors Church was introduced and gave figures of the youth programs of Glencoe, New Ulm, and Willmar, and wished to know why the youth of Hutchinson had to pay more than these other places to participate in sports. He had talked to Bruce Ericson and Bruce was unavoidably unable to be at the meeting so Dr. Chernausek invited him.to attend the next meeting to get his answer. Mr. Thalmann said it was driving people away from the Hutchinson area and he has been interested in 'volleyball and basketball the past six years. A sum of $7,500 was added to the budget to.take care of the tennis courts. We were then adjourned to go on a bus tour to Connecticut Park, the newly McDonald's Park which has just been named "Fred Roberts Park ", and then we went to the Civic Arena where they were in the process of cov- ering the floor with ice, which takes about two weeks for ice skating. At the end Hall so the at the City of the trip it was too late to return to City trip was terminated, til November 4th at noon Hall. Respectfully submitted, Grace Sanstead, Secretary 7- f. / (612) 879 -2311 /AMT11V CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: November 5, 1981 --------- - - - - -- TO: Mayor and City Council FROM: Gary D. Plotz, City Administrator SUBJECT: Special Assessment of Lund Property -------------------------- - - - - -- The City Attorney, Jim Schaefer, will be making a presentation on his research regarding the deferred special assessment on the Lund property. Specifically, he will be reporting on whether the correct procedure and legal description was utilized within the notice of public hearing. Attached is the memorandum from Marlow Priebe dated September 4, 1981 summarizing how this assessment was prepared. The Engineering Department has also prepared a map showing the areas for Assessment Roll No. 35 (1969) and Assessment Roll No. 122" (1980) . /ms (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 September 4, 1981 Mr. James H. Schaefer Assistant City Attorney 246 So. Main St. Hutchinson, MN 55350 RE: Special Assessment of Lund Property Dear Jim: Relative to your letter of August 28, 1981 to Gary Plotz, I submit the following information: 1. Notice: According to our official list of property owners notified of the hearing for Project 81 -03, assessed on Roll No. 122, the Lunds were on said list. 2. Area ofAssessment: Based on the description of the S 3/4 of the NW 1/4 of NE 1/4 of Sec. 12- 116 -30, the total area of land would be 3/4 x 40 x 43,560 = $1,306,800 square .feet. On Assessment Roll No. 35, 250,000 square feet was assessed for the southwest storm sewer trunk line. On Assessment Roll No. 122, only 850,000 square feet is being deferred for the trunk line construction for this area. The remaining 206,800 square feet of land will be served by a future line.serving the area to the southwest. 3. Benefits: Enclosed is a copy of Topographic Map No. OF27 showing the breakdown of the areas described above. The drainage of the land is according to the areas. The future land development will have to follow the drainage areas boundary lines. 4. Certification: There seems to be some confusion on the assessment procedure. The Lund's. property is being used for agricultural purposes and as such, according to the present City Policy the .assessment will be recorded at the County, as per State Law requirements, as a-deferred assessment. There will be no certification'for payment in 1982. A future hearing will be held to activate said deferment as development occurs. Subsequent to said future hearing, certification for payment will be made at that time. If there are any additional questions on this matter, please contact me. Sincerely, CITY OF HUTCHINSON Marlow V. Priebe _ MVP /Pv Director of Engineering enclosure cc: City Council CUElG.:' r':C* LIGHT COMMERCIAL SODELING trt BUILDER Business Phone 587 -5555 HUTCHINSON, MINNESOTA 55350 Home Phone 587 -5556 I October 23, 1981 Mayor Ralph Westlund City Hall 37 Washington Avenue West Hutchinson, MN 55350 Dear Mayor Westlund, Now that my plat of Kimberly's Country Estates has been approved I desire to move forward with the development. 021 2, 610L1` or.), 10 m 2 6y Co l068�95 �b £Z� `how To accommodate my construction of units this winter I find I need to request for the extension of approximately -one hundred sixty feet of sanitary sewer and water main to serve Lot 3 Block 1. appreciated. Your consideration on this matter would be greatly Sincerely yours, Richard Larson RL /ah 9 -�z (612) 587-5151 �� 'mm m ��m- mm��u�mmmmn��m�rmmv NASH8VGTONAVENUE WEST - _ --H0VSON[M0\N. 55350 '- = M E MOr- � rIolM; Director of Engineering R8: Kimberly's Country Estates Sewer m Water Extension To accommdatethe request of Mr. Larson, the following work could be done by Change Order if approved: lGO, - 8" Sewer Maio @ $l0'75----------------------------------$ 1,720'80 2 - 8" x 4° Vyeo @ $21.00 ----------------------------------- 42'00 GD" - 4" Sewer 8ezzrloe Pipe @ $6'l0--------------------------- 366.00 1801 - 6" Watezmabs @ $9.25------------------------------------ 1,480.00 l - 6" Plug @ $27.00 ---------------------------------------- 27.00 2 - Curb Stop Services @ $48'5O----------------------------- 97.00 2 - Corp. Stops @ $12.25 ---------------------- 24.58 801 - 3/4" Copper Service Pipe @ $2.7D --------- =--�----------- 162.00 - Grading ------------------------------------------------- 500.00 - � mVPYpn Sub-Total ------------- $ 4,418.50 - - City Expense ---------- l 3J5 55 �� Total---------------- 5y744.05 Ir"I&P904 - Marlow V. Priebe Director of Engineering �� y �� / /,I, M E M O R A N D U M DATE: November 3, 1981 TO: Mayor and City Council FROM: Kenneth B. Merrill,—City Accountant SUBJECT: 1982 Assessment Agreement The County Assessor during the budgeting cycle has given the City an assess- ment agreement for the 1982 year. The budget contains the estimated cost of $16,873.15 based upon a $4.85 per parcel estimate. It would be requested to enter into this assessment agreement for the 1982 year. Attachment /MS A.O. (Tony) Victorian (County Assessor) August 17, 1981 0 0 Office of MCLEOD COUNTY ASSESSOR Court House Glencoe, Minnesota 55336 Telephone 864 -5551 ry AUG t981 o Pt,,ECBVW t� ti Mr. Gary Plotz Administrator City Hall Hutchinson, Minn. 55350 Enclosed is the 1982 Assessment- Agreemer:. fox- the City of Hutchinson. Because of the add = tonal cost i= labor etc. it has become necessary to make an adJustment -= the ser- ce charge. The McLeod County Board of Cc---ssioners have adopted a $4.85 per parcel rate for each taxable parcel. If the city council agrees wilth� the ter=.= of tae agreement as outlined therein please have the = "ter= :.roNerly s4 z::ed and returned to this office for further processing. Sincerely, A. 0. Victorian County Assessor AOV /ar Enc: McLeod County Equal Opportunity Employer 0 ASSESSMENT AGREEMENT • BETWEEN LOCAL UNIT AND COUNTY THIS AGREEMENT is made and entered into by and between the City of Hutchinson and the County of McLeod State of Minnesota, this 17th day of August 19 81. WHEREAS, the City of Hutchinson wishes to abolish the office of assessor for said City under the provisions of Minnesota Statutes, Section 273.072, and enter into an agreement with the County of McLeod to provide for the assessment of the property in said City by the County assessor: and WHEREAS, it is the wish of said county to cooperate with said City to provide for a fair and equitable assessment of property: NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL CONVENANTS HEREIN CONTAINED, IT IS AGREED AS FOLLOWS: 1. That the City of Hutchinson which lies within the-County of McLeod and constitutes a separate assessment district, shall have its property assessed by the county assessor of McLeod County, beginning with the assessment of the year 19 82 , providing this agreement is approved by the Commissioner of Revenue of the.State of Minnesota. 2. It is further agreed that the office of local assessor of the City of Hutchinson is hereby abolished, pursuant to this agreement and the approval of the Commissioner of Revenue, and that such office shall cease to exist for the duration of this agreement, which shall be until December 31 19 82. 3. In consideration for said assessment services, the City of Hutchinson hereby agrees to pay the County of McLeod the sum.- of $16,873.15 , such payment to be made to the county treasurer or or before the end of July for the first half and the balance on or before December 31, 1982. This is based on the number of parcels for 1981 - 3,479 x $4.85 = $16,873.15. day of IN WITNESS WHEREOF, the parties have executed this agreement this 19 In Presence Of: In Presence Of: For City, Village or Township Signed: By Attest For County: Signed: By Attest The above agreement is hereby approved by the Commissioner of Revenue this day of 19 Clyde E. Allen Jr. Commissioner of Revenue Rev. 1968 MINUTES DOWNTOWN DEVELOPMENT ADVISORY BOARD WEDNESDAY, OCTOBER 28, 1981 The meeting was called to order by Vice - Chairman Bob Stearns at 7:10 A.M. with the following members being present: Jay Alrick, Don Glas, Tom O'Connell, Don Erickson, Tom Savage, Marlin Torgerson, Lloyd Torgrimson and Councilman Ted Beatty in addition to- Vice - Chairman Stearns. Other council members attending include Mayor Westlund, Ken-Gruenhagen Milt Lueneburg and Mike Carls. Also attending were City Administrator Gary Plotz and City Engineer Marlow Priebe. 1) Approval of Minutes The minutes of the meeting dated September 2, 1981 were unanimously approved on motion by Ted Beatty and seconded by Lloyd Torgrimson. 2) Presentation by Ken Lever Vice - Chairman Stearns turned the meeting over to Mayor Westlund who made mention of a market study done by Laventhol & Horwath. Mr. Ken Lever then took the floor explaining that from the study and talking with financial advisors they concluded the --need for extra office space and a restaurant with a lounge meeting room. This complex should have an atmosphere which would be appropriate for evenings as well as business luncheons. Mr. Bob Pope, Architect for Pope Associates, then showed plans of the proposed building for phase I of the downtown project. They determined that Hutchinson has two amenities being the Crow River and Library Square. They decided to use the park in Library Square to enhance their proposed project. On the corner of Main Street & First Ave. S.E. (old S & L Bldg.) they propose a three -story building which has a basement. The first floor would be used for a restaurant and kitchen. The basement would have meeting rooms and the rest would be made up of rentable office space. Approximately 5,200 square feet would be for the restaurant and about 10,000 square feet for office space. No retail-space is provided for in the building. Mr. Jira DeMeyer introduced himself stating he had much interest in the well being of this community and also stated he liked the plan very much. Mr. Ted Beatty inquired as to the cost of the project. Mr. Lever re- plied it would be $1,000,000 plus. Details for financing have not yet been worked out. Rental costs will run about $9.00 - $10.00 per square foot. Downtown Dev. Advisory Board October 28, 1981 Page 2 Mayor Westlund questioned why the main entrance was on the northeast corner of the building rather than on Main Street (northwest corner). Mr. Lever replied because it was closest to the parking lot which is proposed to be placed where the Masonic Temple is at the present. At this point the Mayor asked for a recommendation from this board to present to the City Council. Mr. Ted Beatty then made a motion to recommend to the City Council they endorse this concept and in the future continue to work toward entering into an agreement with the developer. Seconded by Lloyd Torgrimson, the motion unanimously carried. There being no further business to come before the Board at this time, the meeting was adjourned at 7:40 R.M. it c �7 No. 293— Application for Permit General Form. APPLICATION FOR- SNOW P-T-MAL__PERMI To the ...... CITY ... C4UNCI.. Miller -Davis Co., Minneapolis of the ......... CITY ...................... ............. ............... of....._..HWCHINSON ......in the County of ........... MCLEOD ...... ....... State of .Minnesota: .................. _................ The undersigned owner whose address is...._ 3 0._ -...- .......... ....._ ........................ hereby applies for a permit to......__PLOW_._AND ...................... . ... . a. a. ... . ..a. ............... _.........I.......— ; ;7..... / ....... .--- ------------------------------- upon that certain tract of land described as follows: Lot .................. ..............................; Block.................. ..............................; plator addition ............ . . . .. .....; address ................................................... ............... which is of the following size and area; width.._ . ........... ... feet; length ................................................ .. feet; area .......... ITHI I...'THE... MIT... LIMI T.$ .................. : ............................................ _ ................................................................ . .._... ........................ ; and hereby agrees that, in case such permit is granted, that all work which shall be done and all materials which shall be used shall comply with the plans and specifications therefor herewith submitted and with all the ordinances of 4a id ............... CITY ... OF ... HITTCHI- NSON.................................................................................................. applicable thereto. .applicant further agrees to pay fees or assessments at the time and in the amounts specified as follows: $1.00 xr. .. ........ .................................................. .......» ................ ................... ......... ... .... __...................... _... All kl� .... ..... ............................... - ?rye ��' rr s _ .............................. cr ''• r .� _ ........................_ .. j... ,ca zt owner 9- � Mille: -Davis Co.. Minneapolis No. 293—APPlicsticu for rermlL Central For=- APPLICATION FOR___M2)Y- REMOVAL PERMIT ,,t5 Toaw ..... ............................... ................................ . ......... . .............. . ........ — - - - ------ - ----------- - ---_---- . ...... . ............................ HUTCHINSON ....... . ...... . ..............in the county of Oft7w .......... Ulff ...... . ............... . ........ . ............ . ... . . . ... . .. ................... MCLEOD .................. ........... . ....... . .............. State of Alinn-mota: The, under8ifned, owner whose address is .............. ...... .......... 1t /Z -_ - r-2 � I ...._.._.-____----- --- -- ----- ---- -•--- ....... -- CAP ...... ..... . ................ hereby applies for a permit to upon that certain tract of land described, as follows: Lot ... •............................................ • ; Block ............................................... ss..........................................•----....._............ ............................. -; plator addition ............................................................................................. ; addre ..feet; which is of the following size and area; width ................................................... fed; lenjoth_ ...................... ...................... area........ WITHIN ... THE ... QITY ... LIMITS .................. ............................... .. . .......... . ..................... ............................•----........ _._..........................., and hereby afrees that, ; h, permit is _granted, that all work which shall be done ante' -all v! '—suc materials which shall bf ; "14 ply with the plans and specifications therefor herewith submitted -p OF HUTCHINSON_ . ................................ ........... .......................... . .. . ............................................... and with all the ............................................ applioable thereto. specified as feed -!or .4pplieani fa or assessments at the time and in the amounts , r follows: $1.00 .............................. . . . . ........................... ......... .......................... . ....... - ----- ............. ....................... ------ ---- . ...................................... ..................... .................................... owner v v , e No. 297— Application for PermiL General Pore. MICer -Davis Co.. Minveapollr APPLICATION FOR-MOY_HmAL --- PERMIT To the .... _....... U.T. ..C.QllRC U .... ............ _ of tile.... _._..:CITY _. _.of....._ �1�lTH.IN$Ul� _._ _ ...... .... ........ _._...__....-._-.in the County of MCLEOD_ _ ........ State of Ninnesota,: ,1 ~ The undersigned owner whose address is------ _.�..._ �. e ._... _ �: L�� - —_-- _.—_---•--------•-- }.l.A C.11- 1 ... I1S.601 _...b An.._ ...... . _ _ ...._.._.._._...ltereiry applies for a permit to-PLOW- -AND- REMOVE SNOW WITH 1 ... .......----- ...�..� -i. upon that certain tract of land described as follows: Lot .... _ .. .......................... _.. —._. ................................. plat or addition .............. ......... .......... •---- ....... ............ - - -.; address ........................... _.................. _._.....__ ------------------------------ .; which is of the following size and area; width ................................. ................. feet; length . ................ .......................... . feet; area .................. WI-MIN ... THE ... CITY ... LI. MITS._ .... - ..... _ ....................... _ ............ _ .................... _ ................ _ ----------------- --- . ....... I .......... ..... _.; and hereby agrees that, in case such permit is granted, that all work which shall be done and all materials which shall be used shall comply with the plans and specifications therefor herewith submittal and with all the ordinances of said ...........0 HY-. QE ... H. IITCHINSON... ..... __.... ------- ------------------------- ...__...__.... ------- ------------------- applicable thereto. .applicant f a4kiees td j�cy fee or assessmenfa at the time and in the amounts specified as follows: NOV 1981 Owner i (612) 587 -5151 V CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 November 6, 1981 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: PERSONNEL COORDINATOR RE: STAFF FOR NEW SENIOR CENTER The adopted city budget for 1982 provides for a half time coordinator for the new senior center. It is expected that activities can be phased in there beginning in January. Staff recommends that we advertise publicly later this month to fill the position so that interviews may be completed in December and the appointment made for January employment. 9/V1 I.;:Y a113 9 0 STATE OF MINNESOTA MINNESOTA LAND EXCHANGE COMMISSION PROPOSAL FOR LAND EXCHANGE Under M.S.A. 94.341- 94.348 (Class A or C Lands) To the: COMMISSIONER OF CONSERVATION & THE MINNESOTA IAND EXCHXNGE COWISSION State Capitol, St. Paul, Minnesota 55101 The undersigned applicant (s) (1f married, wife's or husband's name) (Print names as they appear on legal documents (single) (married) Residing at pursuant to the provisions of M.S.A. 94.341 to 94.348, hereby proposes to exchange the following described lands situated in the County of , State of Minnesota: for the following described state land situated in the County of Applicant's land contains acres and the character thereof is as follows: Applicant's land has the following improvements: Applicant's land has the following timber growth: The full and true value of the applicant's land for taxation for the year was: Land $ Buildings $ (Get latest figures from the County Auditor) Total $ Total current taxes for the year., are $ (Give total amount payable during the curren. year. If any taxes are delinquent for prior years, attach statement thereof from the County Auditor). The total tax rate for the year is mills. (Obtain from the County auditor). The buildings are insured for $ I have owned this land since The land is (un)occupied as of , 19 The applicant considers a fair market values of thol lanr, and improvements he offers for exchange to be $ , divided as follows: Land per acre $ Timber $ Buildings Clearing $ Fencing $ Other improvements $ Applicant desires to make said exchanges for the following reasons: There are no liens or encumbrances upon applicant's land except as follows: There is no person in possession of any part of applicant's land claiming an interest therein who has not joined in this application. No improvements have been made on applicant's land for which any person has the right to assert a lien except as follows: The land offered by the applicant has a mineral reservation running to which reads: -Applicant agrees to furnish an abstract showing marketable title to his land free from encumbrances or liens, upon written notice from the Commissioner of Conservation, that the proposal for exchange will be considered, and upon approval of the exchange will execute and deliver a good and sufficient warranty deed .. conveying his land to the State of Minnesota, free from encumbrances or liens except authorized resections, with good and marketable title, approved by the Attorney beneral, in exchange for a deed of the State land to be given therefor as provided by law. Dated , 19 STATE OF MINNESOTA ) SS COUNTY OF ) Signed being first duly sworn, deposes and says that he made and signed the foregoing application; that he has read said application and knows the contents thereof, and that the same is true of his own knowledge. Subscribed and sworn to before me this day of ?rotary Public, My Commission expires , County, Hinn. -urr. 2 coYies to: Div._ic. ^' i ra _� ? _,chu ? r. ^.ni =f ce uitJ:., "t. rs 2, 3:' �:.esota 55101 J • 0 �6 c; X79 -2:�? I I "Y OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: November 5, 1981 --------- - - - - -- TO: 'Mayor and City Council -------------------------- - - - - -- FROM: Kenneth B. Merrill, City Accountant -------------------------- - - - - -- SUBJECT: - Federal Revenue Sharing Hearing - - - - - - - - - - -.- - - - The procedure for use of Federal Revenue Sharing monies requires the Council to hold a hearing on proposed use of the money. The purpose of the hearing is to allow citizen input on what the money should be, or could be, used. A hearing date of November 24, 1981 at 8:00 P.M. would allow us the time neces- sary to get in the notices and publicity necessary. ems i 0 6 PUBLISHED IN THE HUTCHINSON LEADER FRIDAY, NOVEMBER 13, 1981 PUBLICATION NO. 2839 HEARING ON PROPOSED USE OF REVENUE SHARING The City of Hutchinson will hold a public hearing at City Hall, 37 Wash- ington Avenue West, on Tuesday, November 24, 1981 at 8:00 P.M. for the purpose of obtaining written and oral comment from the public on the proposed uses of revenue sharing funds in the upcoming budget for Fiscal Year 1982. All interested citizens' groups, senior citizens and senior citizen organ- izations are encouraged to attend the hearing. Persons attending the hearing shall have the right to provide written and oral comments and suggestions regard- ing possible uses of revenue sharing funds. Following is important planning information for the Proposed Use Hearing: Amount of Unappropriated Revenue Sharing Funds in the Local Trust Fund $ 15,039 Amount of Revenue Sharing Funds Received 1980/81 Entitlement Period 12 102,300 Amount of Revenue Sharing Funds Expected to be Received During the Upcoming Fiscal Year 100,985 ,1VAVWC- pv�- Gary D. t3otz City Clerk 9-a s to DATE November 6, 1981 POLICE DEPARTMENT MEMORANDUM TO: Mayor and City Council FROM: Chief of Police Dean M. O'Borsky SUBJECT: Background investigation on Bruce Elliott Based on our investigation I find nothing that would.prohibit us from issuing a permit to Bruce Elliott and it is my recommendation that we do so. 9 -t 0 DATE November 6, 1981 POLICE DEPARTMENT MEMORANDUM T0. Dean M. O'Borsky, Chief of Police FROM: Robert Ringstrom SUBJECT: Background Investigation on Bruce Elliott I conducted a formal background investigation on Bruce McArthur Elliott. Mr. Elliott is interested in opening a game center in the former Nature Pantry Shelf /Book Store. I spoke with Buffalo Chief of Police Jim McKown. Chief McKown told me that Mr. Elliott owns a game room and a restaurant in Buffalo. He said that he has had no problems with the operation of either business. Mr. Elliott is active in his church and decided on opening the game room as a means of providing younger people with a place to go. He doesn't allow smoking, nor does he allow anyone to bring a beverage into his game room. This policy would help prevent juveniles from bringing mixed alcoholic drinks to the game room. Chief McKown also wished to point out that he is making these reports as the Chief of Police and not as a close acquaintance. I also spoke with Mrs. John Anderson of Buffalo. She is on the City Council and owns a small supermarket on the same block as the game room. She held a similiar impression of Mr. Elliott. Mrs. Anderson said that if he operated a game room in Hutchinson as he does in Buffalo there should be no problems. A check with the State of Minnesota Criminal Records shows that Mr. Elliott has no record, no traffic violations and no wants or warrants. RR:nb s�• 4 Hutchinson City Council City Hall 37 Washington Avenue West Hutchinson, MN 55350 Gentlemen: C Route 4, Box 251 Buffalo, MN 55313 November 6, 1981 My plans are to establish a Game Center in Hutchinson called "Quarters Worth." I understand a permit is required, as in any other city. The intent of this letter is to inform the Council of my background, philosophy and references. I am Bruce Elliott, age 39, married with two children. I reside in Buffalo, Minnesota and have owned a family restaurant (The Buffalo House) for the last eight years. I also own a waterbed store in Buffalo and a game center in Buffalo which opened September-21, 1981. I have nine years of college education, having -a Bachelor of Arts degree in sociology and psychology and a Master of Divinity degree. I have been a youth minister, an adult probation officer in Hennepin County,and presently self - employed as stated above. Quarters Worth Game Center is a family game center. It is not a teen hang -out or drop -in center, although most patrons are teens and young adults. I decorate as much as possible to present a good image in the community. My philosophy is trash breeds trash and quality breeds quality. The game room is always super- vised by an adult with no smoking, food or beverage permitted inside. We may have a pop machine, but only those brands purchased inside will be allowed. (This eliminates filling containers with other beverages and bringing them in.) We have no chairs or tables except stools for some machines.so as not to encour- age excessive loitering. We open after school (3:00 P.M.) and stay open until 10:00 or 11:00 P.M. daily; Saturday 11:00 A.M. to 11:00 P.M.; and Sunday from 3:00 P.M. to 9:00 P.M. Our store will be located at the old "Good Earth" store, if Council agrees. We maintain a clean look outside as well as inside and sweep the sidewalks regularly. Thank you for your consideration. Sincerely, Bruce Elliott q- l CHIEF OF POLICE JAMES J. McKOWN Mr. Gary Ploetz City Administrator City Of Hutchinson Dear Mr. Ploetz: 6.uffalo Police Department 212 CENTRAL AVENUE, BUFFALO, MN. 55313 PHONE: 682 -1181 or 682 -1162 November 4, 1981 ,�23456�8 ��05 9,0! ti ri0v 1981 N YED v I have been requested by Bruce Elliot of Buffalo to relate our experience with his amusement room that he has been operating in Buffalo. We have had no police incidents or complaints about operating since its' inception. I have every confidence in Bruce Elliot, who has assured me that he will continue to operate this business in Buffalo with adult super- vision only, and I anticipate that he would give the same assurance to your city. JJM/lb 'neereZy, James J. Mc Kown Chief Of Police �e—azcz0? • CITY OF BUFFALO, MINNESOTA TELEPHONE 682 -1 181 AREA CODE 612 November 2, 1981 Mr. Gary Plotz City Hall 37 Washington Ave. West Hutchinson, MN 55350 Dear Mr. Plotz: MUNICIPAL BUILDING 2 1 2 CENTRAL AVENUE BUFFALO. MINN. 55313 345g78�,o' ti CUO NOV 1981 N V V `W N A �2z 1Z oz The purpose of this letter is to inform you that the City of Buffalo has had no problems or complaints with the ""uarters Worth" owned by Mr. Bruce Elliott. They have managed the facility very well. If you should have any further questions, please feel free to call. Sin c re , rton Auger Planning & Development Coordinator 0 0 s,_.ampbe� Rolando & L ehne noae P _y Suite 300 Parkdale Four 5353 Gamhe Drive Minneapolis MN 55416 f612) 546 -0404 Mr. Gary Plotz City of Hutchinson Hutchinson, Minnesota 55350 Dear Gary: We wish to confirm our understanding of the nature and scope of our work for you. If you are in agreement with the nature and scope of our engagement as we understand it, please sign one copy of this letter and return it to us in the enclosed envelope. our understanding of our engagement is as follows: 1. We shall examine your balance sheet at December 31, 1981 and the statements of income, retained earnings and changes in financial position for the year then ended. 2. We shall render our opinion on the fairness of these statements. We understand that you desire an unqualified opinion and will allow us to make such tests of the accounting records and other data as is necessary to pernit us to renter such an opinion. In the event our preclude zhe rendering of an unqualified opinion, :�, of course, will be obliged to render either a qualified opinion, a negative opinion, or a denial of opinion, as appropriate. 3. Our engagement cannot be relied upon to disclose errors, irregularities or illegal acts, including fraud or defalcations that may exist. However, we will inform you of such matters that come to our attention. 4. In the event circumstances disclosed by our-audit call for a more detailed investigation than would be necessary under ordinary circumstances, we will notify you prior to proceeding with this work and will ask for your approval to undertake such work at a mutually acceptable fee rate. Member of The American Group of C.P.A. Firms ti: + offices ;r. principal cities Thorsen Campbell Rolando & Lehne Certified Public Accountants 5. We will furnish you with a list of data which will be helpful to us in completing the audit. Our work will be expedited and cost of the audit will be minimized if you provide us with these items. 6. We will provide you with the number of copies of the audit report that is mutually agreed upon. 7. Our work will cover only the City. Work for any related entities or pension plans should be the subject of a separate letter of understanding. S. Printer's proofs must be submitted to us for review if lz the reproduction or publication of the financial statements or any part of them is intended. 9 Although we will examine the financial statements for fairness, the representations contained therein are the primary responsibility of management. 10. We shall bill you monthly at our standard hourly rates as the engagement progresses. Our maximum for this engagement will not exceed $14,000. 11. Interest will be charged at the rate of 1 -1/2€ per month (an annual percentage rate of 18 %) on all account balances remaining unpaid after thirty days from the date the billing invoice is mailed. Yours very truly, THORSEN, CAMPBELL, ROLANDO & LEHNE By CPA APPROVED: City of Hutchinson By 6 0 REGULAR COUNCIL MEETING November 10, 1981 WATER $ SEWER FUND *State Treasurer PERA $ 297.84 Blue Cross -Blue Shield Nov. medical ins. 631.20 Commissioner of Revenue Oct. sales tax 558.67 Curtin Matheson Scientific chemicals 79.08 Equitable Life Ins. Nov. LDT ins. 44.91 Electro Watchman Inc. alarm system 180.00 Family Rexall Drug supplies 5.16 Farm $ Home supplies 31.69 GTC Auto Parts supplies 5.94 Gambles supplies 6.94 Hutch Wholesale supplies 9.38 Heikes Hardware Hank supplies 52.41 School Dist. 423 gasoline 654.76 Junker Santitation refuse charges 16,923.20 Krasen Plbg. repairs 40.63 Mn. Mutual Ins. Co. 4 mos..life ins. 196.08 Mn. Valley Testing testing 428.60 Plaza Ok Hardware supplies 2.38 Rannow Electric repairs 14.00 R.E.Mooney $ Associates repairs 83.69 Van Waters $ Rogers chemicals 359.36 Water Products Co. meters $ parts 247.17 Cash Drawer #4 supplies & postage 10.88 Gross Industrial uniform rental 115.00 Quades repairs 86.25 ' RCM prof. fees 12,939.35 Rutz Plbg & Htg. parts 24.65 $34,029.27 GENERAL FUND *State Treasurer Soc. Sec. contribution $ 7271.72 *State Treasurer PERA contribution 3693.62 Juleen Flaa election judge 48.05 Fern Frank election judge 29.45 Miriam Miller election judge 43.40 Verna Anderson election judge 49.60 Olga Kern election judge 49.60 Eva S. Maas election judge 49.60 DeLaine Rolfe election judge 27.90 Sedona E. Miller election judge 31.00 Emma G. Lake election judge 31.00 Lillian M. Jorgenson election judge 31.00 Margaret Sorensen election judge 31.00 Darleen Knigge election judge 30.23 Norma Totushek election judge 30.23 Doris Daggett election judge 30.23 Pat Kuester election judge 30.23 Norma D. Schepers election judge 31.00 Geraldine Johnson election judge 31.00 Lillias Gilhousen election judge 31.00 Mary Ann Price election judge 31.00 Grace Kottke election judge 31.00 Mary J. Brummond election judge 31.00 -2- Rosetta L. Miller election judge $ 31.00 Rose Kadlec election judge 31.00 Mildred Nelson election judge 31.00 Callaghan & Company law books 498.75 Greyhound Travel Club._ balance on airticket 6.00 Lomita Midwest Tag Co. dog licenses 37.21 MIAMA dues for 1981 -1982 100.00 Theatre Confections Inc. cartons 23.05 Youth Hockey Assn. hockey registration 30.00 Doug Meier gasoline 13.00 Orlin Henke fire convention 230.25 Clint Gruett fire convention 299.25 Eugene Baasen osafety shoes 20.00 Brad Buetow gas 30.00 Harold Kaupang popping corn 31.00 John Livers deposit refund 20.00 Lee Pflepsen referree salary 110.00 F.H. Schmeling refund variance fee 40.00 Nancy Buss clothing allowance 150.00 Blue Cross -Blue Shield Nov. medical insurance 7490.13 Equitable Life Ins. Co. Nov. LTD ins. 560.44 Mn. Mutual Ins. 4 mos. life ins. 1898.48 A 4 B Electric arena transformer 4303.20 Allen Office Products supplies 147.73 Am. Linen Supply laundry 54.60 AVM Corporation election supplies 167.20 Brandon Tire repairs 156.89 Brinkman Studio film $ pictures 4 repairs 253.87 Borchert Ingersoll repairs 151.78 Crow Chemical chemicals 396.57 Copy Systems copy machine supplies, 137.30 Carr Flowers plant Mrs. Ericson 13.00 Central Mn. Comm. repairs 137.50 Crow River Vet Clinic Oct. services 130.50 Coca Cola Bottling arena supplies 109.00 Chicago Tube $ Iron supplies 49.97 Commissioner of Revenue arena Oct. sales tax 4.59 C $ R. Grocery supplies 8.26 Culligan Water salt & conditioner 248.80 Condon Supply Co. arena supplies 51.36 Don Streicher Guns Inc. repairs 17.20 Dyna Systems supplies 323.81 Bruce Ericson rec. conference 96.11 Fire Relief Assn. 1981 State Fire aid 20,055.44 Floor Care Supply cleaning supplies 647.02 Great Plains Supply supplies 25.43 Hager Jewelry supplies 5.50 Henry Candy Co. arena supplies 204.70 Home Bakery Inc. election supplies 22.98 Hutch Plbg. $ Htg. clean boiler 57.00 hardees Restaurant luncheon 22.02 GTC Auto Parts supplies 501.00 Hutch Wholesale supplies 428.15 Heikes Hardware Hank supplies 268.46 School Dist. 423 gasoline 5843.06 Ink Spots printing 161.50 • +� -3- International Harvester repair parts $ 594.49 Jerabek Machine Shop iron 2.90 Joes Sport Shop trophey 24..10 Jerry Dostal senior citizen dance 75.00 K Mart supplies 5.97 Kustom Mechanical repairs 149.59 Kokesh Athletic recreation supplies 172.67 Kokesh Athletic recreation equipment 2786.85 Lamberts standard service police car- washings 12.00 Lloyd Schlueter fire chief seminar & mileage 243.50 MacQueen Equipment repairs 197.25 Mankato Mobile Radio repairs 13.19 Marco Business Products repairs 48.75 Miller Davis Co. supplies election 81.29 Kenneth Merrill mileage 13.80 Mn. UC Fund Fran Murphy 13.33 Marilyn Swanson coffee 5.69 Mid Central Fire supplies 18.00 Northern Power Products supplies 171.45 Pitney Bowes postage meter chart 4.00 Plaza OK Hardware supplies 54.81 Gary Plotz Nov. intown mileage 100.00 Plowmans Inc. supplies 28.50 Pikal Music Store supplies 12.50 Schlueters Refrigeration repairs 415.00 Shell Oil Co. gasoline 53.84 Simonson Lbr. Co. repairs 3.15 Sorensen Farm Supply repairs 137.50 Standard Printing maps &.letterheads 407.70 Thorsen & Campbell services 450.00 Tri County Water Cond. salt $ rent 53.00 Tri State Machinery supplies 75.00 UBC supplies - 42.43 Visuals printing 73.96 Xerox Corp. copy machine 97.70 Wigen Chev. Co. parts 8.08 Ralph Westlund mayor office expense 300.00 Wesleys Pharmacy supplies 27.55 City Eng .Assn of Mn.. 1982 dues 10.00 Sheldon Nies fire police mileage 2.00 Harland Emans fire police mileage 6.00 Jeff Schwarze refereeing refund. 37.50 Scott Haag refereeing refund 32.50 Lee Wright refereeing refund 90.00 Leslie Linder bus transportation 120.00 Nevco Scoreboard Co. equipment 149.00 The Patco Co. cones 75.00 Gopher State Lighting supplies 160.00 St. Paul & Suburban Bus Co. transportation 265.00 Barb Haugen skating instructor 132.00 Judy Thunstrom skating instructor 16.00 Sue Reid skating instructor 8.00 Kris Pellinen skating instructor 8.00 Pi -4- American Welding Supplies Browns Greenhouse Cash Drawer #4 Co. Treasurer Family Rexall Drug Farm $ Home Dist. Co. Gambles Gross Industrial Hutchinson Leader Hutchinson Leader Hutch Shoppers Guide School Dist. 423 Ink Spots Inc. Johnson Super Valu Krasen Plbg. Co. L & P Supply McLeod Coop Power Assn. Wards Marilyn Swanson Oswald Pub. Quades Inc. Road Machinery _Rockite Silo Inc. Schlueters Refrigerator Schmeling Oil Co. Sorensen Farm Supply Standard Printing Suzuki Sports Center Teply Equipment Tombstone Pizza University of Mn. Xerox Corporation Zins Machining Hutchinson Utilities i supplies 4 tank rental supplies supplies $ postage etc. dl fees for county supplies supplies etc. arena supplies uniform rental rec. subscription ballot publication costs etc. advertising custodian, lifeguard printing chgs. soap $ soda repairs supplies electricity supplies coffee forms repairs $supplies supplies supplies repairs grease $ Oil rental of equipment printing supplies parts supplies reg. fee copy machine parts electricity $ supervisor $ 36.33 3.29 33.61 110.00 110.53 408.71 197.19 557.81 24.00 789.01 35.44 124.70 34.00 4.77 816.25 262.78 288.60 440.16 7.69 17.31 181.38 1867.55 2.50 130.00 150.66 613.10 32.00 29.95 204.32 70.40 65.00 146.56. 204.00. 11,334.43 $75,030.15 OFF STREET PARKING Rockite silo INc. 1981 PARKING IMPROVEMENT City of Hutchinson, General Fund 1980 TAX INCREMENT FUND Hutchinson Utilities Kraus - Anderson of St. Paul 1981 FIRE HALL BONDS Saxton Plbg. & Htg. Gopher State Contractors BONDS OF 1981 Progressive Contractors J.W. Hanson Construction Burress Construction Co. Crossings Inc. Wm. Mueller $ Sons Juul Contracting LIQUOR STORE FUND Ed Phillips & Sons Old Peoria Co. Twin City Wine Co. Griggs Cooper & Co. Mn. Cash Register Co. Am. Linen Supply Co. Junker Sanitation Hutchinson Telephone Co. City of Hutchinson,General Fund Quades Friendly Beverage Co. Locher Bros. Dist. Co. Triple G.. Distributing Lenneman Beverage Inc. parking bumpers $ 500.00 black top for Wigen Parking Lot 271.00 Evergreen Apartment underground 9,000.00 274,208.69 liquor $ wine wiring liquor $ wine est. #2 kitchen 6,085.00 liquor & wine 3473.14 $15,085.00 est. towel - 12,460.00 Est. Z 85,141.80 61.35 transfer funds $ health ins $97,601.80 Est. #2 46,389.50 Est. #4 39,866.04 Est. #1 39,897.28 Est. #1 18,069.48 Ext. #3 61,445.66 Est. #4 68,540.73 274,208.69 liquor $ wine $1755.32 liquor $ wine 2899.67 liquor.$ wine 1490.65 liquor & wine 3473.14 service contract & tape 1251.52 towel - 15.60 refuse charges 93.00 telephone 61.35 transfer funds $ health ins 21,378.90 bulbs 24.70 beer 1749.75 beer 7264.05 beer 9660.15 beer and mix 10,027.45 $ 61,145.25 (612) 587 -5151 HUTCH 1 T 0 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 November 10, 1981 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: PERSONNEL COORDINATOR �J`C A FOR YOUR INFORMATION RE: EMPLOYMENT ADVISORY - FOR YOUR INFORMATION The Green Thumb employment program exists to provide part time employment at minimum wage to low income senior citizens. It is funded by the U.S. Department of Labor and administered by the Farmer's Union Insurance Co. The City of Hutchinson has requested that a position of custodian's helper be funded through this program. The custodial help would be used at the new senior center and at Park Towers, with supervision provided by the HRA maintenance engineer. There will be no cost to the city for this position A f our request is accepted. _ M1 d��z November 6 jq 81 Governing Bodies of CRRL to CROW RIQE_R REGIONAL from L&-arY D treGtor , Burton L. si.undberg FOR YOUR INFORMATION Enclosed herewith is a copy of the revised 1982 budget, based on an 8% increase from each governing body rather than the 10% requested in the original budget submitted earlier in the year. The payroll portion of the budget was left intact, however, you will note the areas of the budget which were reduced on the enclosed copy. The budget was decreased by $6,386. Thank you for your continued in terest in and support of the library. We can assure you that this is, in our opinion, money well spent. According to our registration statistics 399000 people are now registered to use the library services in our three county area; this is about 44% of our population. 67 401112 NOV 1981 co Cn RE' LE1 v E D _ r N � SZ �Z £22i RECEIPTS: (Approved by Library Hoard June 3, 1981) CROW RIVER REGIONAL LIBRARY BOI- w) PROPOSED 1982 BUDGET State /Federal Aid Kandiyohi County Meeker County j McLeod County Willmar � 81° yf- Litchfield -1-9-P6 increase Hutchinson Glencoe Bird Island Renville Petty Cash (includes income from copy machines) Gifts Other income, interest, reimbursements, etc. Unspent income from 1981 (estimated)- ,,� TOTAL RECEIPTS plus 1981 reserve ��a' / es5 Aran i4{,- l f i j uid) DISBURSEMENTS: ' Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . Branches (12) $ 500.00 Willmar (HQ) 500.00 LT, GL, HU 1,000.00 COM Catalog Readers 2 , 000.00 �L (? i 5 :F2 POO) $113,000.00 72,504.00 50,233.00 55,074.00 59,321.00 30,788.00 43,987.00 20,146.00 6,096.00 6,698.00 22,000.00 -0- 10,000.00 $489,847.00 5,000.00 $494,847.00 4,000.00 Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16,580.00 Custodial supplies, etc 880.00 Telephone & Terminal 4,700.00 `Less s.SCC?C Vehicle operation 11,000.00 (includes insurance) Materials . . . . . . . . . . .. . . . 741266;00 Books (adult & child) 58,866.00 L i L) Periodicals 8,000.00 Pamphlets 200.00 A/V Materials 4,000.00 Paintings 100.00 Binding 600.00 Microforms 300.00 3,000.00 LLzss it COM Catalogs Vehicle Amortization . . . . . . . . . . . . . . . . . . . . . 3,000.00 Branch Amortization . . . . . . . . . . . . . _ . . . . . . . . . . . 700.00 Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42, 350.00 Supplies & printing 11,000.00 Promotion & programs 1,500.00 Postage Mileage & meetings Memberships Insurance Equipment rental Auditing service Bookkeeping costs 4,400.00 5,000.00 600.00 5,200.00 11,000.00 (this is self- supportin<�tss /Cw) 950.00 2,700.00 Salaries and Wages (average 9% increase *) . . . . . . . . . . 312,951.00 Employer's share . . . . . . . . . . . . . . . . . . . . . . . . 41,000.00 iIospital /Medical Ins_ 13,000.00 PERA and Soc. Security 28,000.00 Total ** $494,847.00 *Increase wages 7 -11% inversely proportionate to earnings * *'Total Budget increase 7.39% over 1981 Budget I. Percentage varies 7% to 11% inversely to salary. 2. Federal Minimum wage ( ?). 3. Director will set these. 4. All students to start at $3.35/11 7 i ri r -rr - "I 1 O I- '.t).- r. ,- - 1. ... , , . ..t. I r - . ... I - SALARIES AND tdAGES 1982 POSITION NAME OF EMPLOYEE LOCATION HRS11TK HOURLY RATE ANNUAL SALARY (WAGES) NOT: oIncrea ') I RECTOR Burton Sundberg CRRL 40 $27,142 1 7 ?ASSISTANT DIRECTOR Kathy Matson CRRL 40 17,441 1 8 DEPARTMENT HEADS Shirley Chapman GL 40 5.50 11,440 1 10 Ric DUBois BK 40 7.59 15,784 1 9 Martin Swalboski IT 40 7.33 15,245 1 9 Barbara Whittenberg HU 37 6.68 12,859 1 9 Shirley Wicklund W 36 7.49 14,014 1 9 LIBRARY ASSISTANTS (Salaried) Carol Blunt. IT 31 5.44 8,773 1 10 Nancy Hoffman BK 40 4.69 9,747 1 10 Morita Levy HU 37 5.32 10,226 1 10 Carolyn Olson W 30 5.51 8,589 1 10 Natalie Quinn W 40 5.05 10,495 1 10 Marilyn Sandahl W 30 4.34 6,764 1 11 LIBRARY ASSISTANTS (Hourly) Marie Antony HU 7 4.52 1,645 1 11 .Marliss Bock GL 14 3.93 2,861 1 11 Lorraine Erickson HU 17 4.24 3,748 1 11 Mary Henke HU 10 5.05 2,626 1 10 Connie Holland W 12 3.93 2,452 1 11 Elsie Johnson IT 10 3.82 1,986 1 11 Janet McKimm HU 10 4.24 2,205 1 11 Cindy Queenan W 20 3.93 4,087 1 11 Pat Smith IT 16 3.93 3,210 1 11 Jeanette Stottrup__ W &LT 22 5.05 5,777 1 _ 10 Debbie Tonsveldt W 12 4.34 2,708 l 11 Kathy Torkelson W 40 3.93 8,174 1 11 -Marilyn Ueland GL 14 4.68 3,407 1 10 Mavis Willroth W 6 4.77 1,488 1 10 SUBSTITUTES: AGENCIES & BK CRRL 30 3.70 -5.00 61862 3 STUDENT ASSISTANTS 2 -3 GL • 22 2 -3 HU 28 3.35 19,000 4 2 -3 LT 30 2 -3 W 24 VAN DRIVER CRRL 8 4.88 2,030 1 10 BRANCH LIBRARIANS (Hrs. - Open) Betty Anderson AT 18 18 4.34 4,062 1 11 Adrian Day RA 17 15 4.06 3,167 1 11 Esther Fisher RE 15 15 4.06 3,167 1 11 Viola Flann LL 16 10 4.34 2,257 1 11 Nora Fricke SP 19 14 4.34 3,160 l 11 Loretta Hochsprung tRO 16 14 4.06 2,956 l 11 Roule Ketcham CO 17 15 4.34 3,385 1 11 Loyce Knutson GC 18 18 4.34 4,062 1 11 Inez Lundberg NL 19 16 4.34 3,611 1 11 Sharon Noerenberg WI 22 20 4.34 4,514 1 11 Gladys Paulson DA 20 18 4.52 4,231 1 11 Mabel Weis BI 15 15 4.06 3,167 l 11 Branch Assistants CRRL 40 3.70 7,696 2 CUSTODIANS Glen Nelson W 31 7,236 1 11 Robert Polingo IT (varies) 3,776 1 11 Harry Bingenheimer HU 20 5,659 1 11 City Employee GL (varies) 2,000 5 20% WORK /STUDY PAYMENTS CRRL 2,000 (Estimate) $312,951 I. Percentage varies 7% to 11% inversely to salary. 2. Federal Minimum wage ( ?). 3. Director will set these. 4. All students to start at $3.35/11 7 i ri r -rr - "I 1 O I- '.t).- r. ,- - 1. ... , , . ..t. I r - . ... I - • i DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Airports District Office 6301 - 34th Avenue, South Minneapolis, Minnesota, 54 �o 02 to e., ) ISta��` FOR YOUR INFORMATION NOV 0 2 1981 i \2346G 9 �,o I Mr. Michael M. Gavin N10V1981 N' N Gavin Olson & Conkel Ltd. c RF.CEI I Gavin Law Building" 8Y vi' Glencoe, Minnesota 55336 �22Z120Z6�g� Hutchinson Municipal Airport, Hutchinson, Minnesota Hangar Rental ; Dear Mr. Gavin: The Federal Aviation Administration has reviewed the material submitted with your letter of September 8, 1981, with regard to the question of whether this Sponsor may charge different rates for hangar rental depend- ing upon the residence of the lessee. M It is our opinion that the City of Hutchinson can charge different rates to resident and non - resident tenants, based upon the justification that part of the cost of running the airport is borne by the city taxpayers. Therefore, we find the Sponsor's actions herein are notunjustly discrim- inatory. However, each situation must be examined independently, and we are hesitant to promulgate a general rule to this effect. For instance,,, where the clear intent of the charge differential is to preclude the leasing of space to a certain class, or where the differential is so great as to have little relation to the asserted justification, a claim of unjust discrimination may be supported. However, we do not find facts such as these to be present in this case. Please advise if we can be of further assistance. Sincerely, Originl sign-ca by D►AM R. STOCKDALL Donald R. Stockdale State Program Officer cc: MDA /Gary D. Plotz, City Administrator James H. Schaefer, Assistant City Attorney _ 12) 587 -5151 .7 CAA 37 WASHINGTON AVENUE WEST _ HUTCHINSON, MINN. 55350 �-� �?ra November 5, 1981 �-o Yo 't� �o J" Hon. Warren Spannaus Attorney General FOR YOUR INFORMATION 102 State Capitol Bldg. St. Paul, MN 55155 RE: Hutchinson Public Library Our File No. 81- H-104 Dear Attorney General: The question has been raised whether the City of Hutchinson has authority to expand the Hutchinson Public Library, which is currently located upon a Public Square. It is contended that use of public square property for a library is inconsistent with the purposes of a Public Square. The facts are as follows: The Public Square in question is located within the South Half of the City of Hutchinson. The South Half of the City of Hutchinson was originally dedicated in 1859. The plat on file with the McLeod County Recorder's office was lost or destroyed, and in 1879 by special act of the Legislature, a new plat was submitted. I have enclosed for your information a copy of this act. The act authorizes a substitute to be filed and that said plat shall have the same effect as the original record plat thereby legalized and shall be received as evidence to the same extent as said original record plat. The substitute plat filed with the McLeod County Recorder by the original sur- veyor, R. L. Harrington, containes no dedicatory language but merely asserts that the plat is a true copy of the survey done by him in 1859. The Register of Deeds certified that the copies "are agreeable to the provisions of Section 1 of an act entitled 'An Act Relative to Certain Town Plats in the Town of Hutchinson, County of McLeod"'. There is listed on the face of the plat areas marked "Park" and "Public Square ". In 1879 a District Court decision initiated by the Town of Hutchinson against the dedicators of the park property determined that the park areas marked upon said plat were dedicated to public use by the pro- prietors or owners of said land as public grounds and that such Hon Warren Spannaus November 5, 1981 Page 2 dedication was accepted by the public. The court decision, however, made no mention of the Public Square. I am enclosing for your information a copy of this decision. In 1903 philanthropist Andrew Carnegie offered to donate $10,000.00 to the City of Hutchinson toward building a new library. At a city election held in May, 1903, the City voted to accept the gift and also voted to place the new build- ing in the Public Square. The new building was built on the Public Square and dedicated.on June 21, 1904. It has been in continuous use as a public library since that date. In 1977 the Hutchinson Public Library building was placed on the National Register of Historic Places. This insures its future preserva- tion and any additions that are made must be in conformity with the original.architecture. The City of Hutchinson now finds that the library building is physically incapable of serving a community of Hutchinson's size and seeks to expand the library facilities at the current library site. I believe that under the facts Minnesota State Supreme Court case of All Savage, 112 NW 2d 807 is controlling. In plat K what became the Village of Savage propriate County authorities. Blocks on in the usual fashion and on.the plat appe designated as "Public Square ". The stree on the plat were dedicated to the public did not include the Public Square. The M Court held that failure to include land d Square in a plat within the dedicatory la . prevented establishment of a statutory de - of the square had to rest upon the common They then stated that in dealing with com and long acquiescence in such use by thos complain are important in determining the cators. Long acquiescence in use by a de in interest to dedicated property will es ks above outiLinea, Lne !n vs. Village of t at case a certain was filed with the ap- :he plat were numbered fired a square'of land :s and alleys laid out ise, but the dedication .nnesota State Supreme ,dicated as a Public iguage of that plat Ucation, and dedication law dedication grounds. non law dedication, use who have the right to intention of the dedi- iicator and his successors :op them from denying in- tent to dedicate property for that use it they nave acquiscea zor such period of time that it becomes inequitable to prohibit the use. The Supreme Court then concluded that a party who occupies a position of successor in interest to the original dedicator of land as Public Square and who had acquiesced in the use of property for municipal buildings, including a municipal liquor store, could not complain that expansion of the municipal liquor store was an improper use. It is the City's position that the fact situation in our case is remarkably similar to the fact sit- uation in Allen. In our case there is no specific dedicatory language so the dedication of the Public Square is a common law Hon. Warren SpanVus November 5, 1981 Page 3 dedication rather than a statutory dedication. Since the library has been in use since 1903 with no complaints by the dedicator or any of his successors in interest, I believe that they are at this time estopped from complaining that expansion of the public library is an improper use. The City further contends that even if dedicators are not estopped from asserting such objections, use of a Pub - lic Square for a public library is within the uses contemplated by the Minnesota Supreme Court in Headley vs. City of Northfield, 227 Minn. 458, 35 NW 2d 606. The Court said in Headley that a public square is commonly intended to be "an open tract of land for use for purposes of free passage or of ornamentation and im- provement as grounds of pleasure, amusement, recreation, or health" to which all members of the public have free access. A free public library certainly provides a source of pleasure, amusement and recreation to which all members of the public have free access. The use of a small portion of a Public Square should not be deemed inconsistent with the purpose of the dedi- cation. The City of Hutchinson, therefore, seeks a formal opinion concerning the City's authority to expand the Hutchinson Public Library. Since any such expansion would require a referen- dum on a bond issue, we would appreciate your handling this matter as expeditiously as possible. Sincerely yours, James H. Schaefer Assistant City Attorney Hutchinson, Minnesota JHS : -l1 Enc. cc: Mr. Gary D. Plotz City Administrator CITY OF HUTCHINSON 37 Washington Ave. W. Hutchinson, MN 55350 • ,SATE O • ? X82 or.T za N 81 W IV E'S cv RECl± /�T� 14 C, �.a Y U1 STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL 9�S, �(0 ST. PAUL 55155 £I WARREN SPANNAUS October 27 1981 ADDRESS REPLY TO: ATTORNEY GENERAL SECOND FLOOR FORD BLDG. 117 UNIVERSITY AYE. ST. PAUL, N }N 55155 TELEPHONE: (612) 296 -7575 City Clerk 37 Washington Avenue W. FOR YOUR INFORMATION Hutchinson, Minnesota 55350 Re: Sugar Antitrust Litigation -- Settlement Distribution Dear Sir /Madam: I am pleased that today this Office is making a distribution of over $510,000 to Minnesota governmental units from a settlement obtained in the Sugar Antitrust Litigation. Enclosed is a check which represents your proportionate share of the settlement funds. This recovery resulted from two class action lawsuits prosecuted by this Office against certain sugar refiners and processors on behalf of public entities in Minnesota. You were previously notified of the settlement and plan for distribution of the settlement funds, which were approved by the United States District Court for the Northern District of California and the Hennepin County District Court. I would like to thank you for your cooperation and assistance in bringing this matter to a successful result. Your help throughout the course of this and future antitrust lawsuits and investigations makes strong enforcement efforts possible. The sugar purchase records which we asked you to preserve may now be disposed of pursuant to your document retention program. Please deposit the check at your that we can reconcile our account and lost or misdirected: If you have any lawsuit or any other matters relating contact Special Assistant Attorney Ge 612/296 -1799 or at the above address. Thank you again. earliest convenience in order determine if any checks were questions concerning this to the antitrust laws, please neral Stephen P. Kilgriff at Sincerely, '464iel�� WARREN SPANNA S Attorney Gene al Enclosure -- Settlement Distribution Check: x•00 EQUAL OPPORTUNITY EMPLOYER J `/(612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 November 5, 1981 aReaF` ea mtt�^ C 0VrJ 'sirud t K ", �4,' f Mr. Gary D. Plotz City Administrator CITY OF HUTCHINSON 37 Washington Ave. W. Hutchinson, MN 55350 3456789 RECEIVED cis o> v FOR YOUR INFORMATION RE: Hutchinson Municipal Air- port Hangar Rental Our File No. 81 -H -100 Dear Gary: On July 7, 1981, I outlined Hutchinson`s policy of charging non - residents higher monthly rental rates for the same or similar hangar space to Mr. Michael M. Gavin. A copy of my letter detailing the legal basis for our policy was provided you previously. Mr. Gavin contacted the Minnesota Department of Transportation, Division of Aeronautics, and the Federal Avi- ation Administration requesting that they investigate our policy and comment on the propriety of our actions. On September -11, 1981, the Minnesota Department of Transportation, Aeronautics Division, responded by saying that they have not adopted any rules which would regulate hangar rental fees and that the airport owner or operator is not required to review matters of this kind with the Minnesota Department of Trans- portation either before or after such policies are implemented. On November 2, 1981, the Federal Aviation Administration deter- mined that the City of Hutchinson could charge different rates to resident and non- resident tenants, based upon the justifica- tion that part of the cost of running the airport is borne by the City taxpayers. They, therefore, found that our actions were not unjustly discriminatory. The Federal Aviation Admin- istration did indicate, however, that where the clear intent of the charge differential is to preclude the leasing of space to a certain class, or where the differential is so great as to have little relation to the asserted justification, a claim of unjust discrimination may be supported. Howefer, they did not find facts such as these to be present in our case. Based upon this information, I feel confident that we Mr. Gary D. Plotz November S, 1981 Page 2 may continue the present rental rate structure with little fear of legal action. JHS:11 Sincerely yours, James H. Schaefer Assistant City Attorney .1CRCf,i RIVE' REGIONAL LIB?,'u�.�ARD s October 12, 1981 FOR YOUR INFORMATION The Crow River Regional Library Board at the Litchfield Public Library October 12, 1981. Present: Orlynn Mankell, New London Representing: Kandiyohi County Dorothy Hinseth, Sunburg It Kandiyohi County Earl Mathews'. Glencoe " McLeod County George Jepson, Winsted " McLeod County Lilah Buhr, Stewart " McLeod County Jeanne Lundstrom, Cosmos " Meeker County Harriet Berg, Dassel " Meeker County Lionel Barker, Glencoe " Glencoe John Horrocks, Hutchinson " Hutchinson Kathy McGraw, Hutchinson " Hutchinson Delores Condon, Litchfield " Litchfield Judy Johnson, Litchfield " Litchfield Dennis . Ulrich, Renville " Renville LeRoy Sanders, Willmar " Willmar Burton L. Sundberg, Director, CRRL Absent: Jean.Stranberg, Atwater* Representing: Kandiyohi County Wayne Hebrink, Renville* " Kandiyohi County Ellen I:oench., Eden Valley '" Meeker County Pauline Reigstad, Bird Island* " Bird Island tiarcia Ueberk, Willmar* it Willmar John Esb jornson, Willmar* It Willmar * Excused absence President (%rlynn Mankell called the meeting to order. Judy Johnson moved, second -by Delores Condon, that the minutes of the September meeting be approved. Carried. Motion by LeRoy Sanders, second by Dennis Ulrich, to approve the September treasurer's report. Carried. Report of the library director: a. The November 9 meeting of the library board will be at the Litchfield Public Library. b. The Atwater Public Library celebrated its 25th anniversary with an open house on October 9. Miss Betty Anderson was honored for her 25 years as librarian with flowers and a letter of commendation. c. September's circulation was smaller, the third month this year to show a decrease. The nwnber of registered borrowers is 39, 186. d. Michael Abbott, a graduate student in library, science at the University of Minnesota, wrote Mr. Sundberg thanking him for the help he received during a recent visit to the Willmar Public Library. -a e. The bookmobile needed a new transmission which has been installed. The cost of the repairs could be taken from the amortization fund. Dennis Ulrich moved, second by LeRoy Sanders, that the bills be paid. Carried. Committee revorts: a. The automated catalog study committee which met September 29 has issued its final report. Copies for the board members should be available by the November meeting. b. mmIE: The new coordinator, Nancy Alson of Litchfield, will be at the next meeting in 11:3rshall on October 27. Harriet tier €, Jeanne Lundstrom, and Dennis Ulrich will attend this meeting. c. Mr. Sundberg and four other syster. directors testified before the Mate Board of Education task force concerning the requirements for system directors: graduation from an ALA accredited library school and 2 -3 years of library experience. The task force will meet again on November 5. No final decision has been made. d. Minnesota system directors and Iowa system directors will meet in Minneapolis October 22 -23. Communications: The Public Library Newsletter was not received. Clippings were not available. Unfinished business: Mr. Sundberg reviewed the proposed revision of the 1982 budget. He noted that the salary figures are the same. Lilah Buhr moved, second by John Harrocks, to approve the revision of the 1982 budget. Carried. CCepj wttac -rict i hereLv;1 , 1) :New business: a. All CETA employees have been cut due to the closing of the program. The Willmar Public Library may experiment with having only oneLibrarian on duty Friday evening.::_ -Kathy 1cGraw suggested that a tally of Friday evening users be kept. A decision on _possible Friday evening closing will be delayed until the November meeting. b. An optional deferred compensation plan for interested library employees would be .no expense to the library- system except for bookkeeping and postage. Employees would: be free to choose their own companies and /or plans. Earl Mathews moved, second by .LeRoy Sanders, to leave the matter to the discretion of the employes. Carried. -c. Harriet Berg moved, second by Lilah Buhr, that the cost of the new transmission for `the bookmobile and its installation be taken out of the amortization fund. Carried. d. John Horrocks sent;Mr. Sundberg a newspaper item advertising the s ale of used micro- fiche readers (with a one -year warranty) at $85 apiece. 'If the library system adopts the COAT catalog, it will need'microfiche readers. Kathy 11cGraw moved, second by Jeanne Lundstrom, that we purchase 12 readers at $85 each. Carried. George Jepson questioned the cutting of employees' hours and then buying new equipment. Mr. Sundberg replied that the hours have been cut only for the remainder of the year. Mileage reports were filed. ..The meeting was adjourned. Lilah,Buhr, Secretary ROW RIVER REGIONAL LIBRARY Oct®ber 1981 Treasurer's Report *oy Sanders, Treasurer IT 0011E THIS MONTH YEAR TO DATE BUDGET Balance 8(15,333.75) $(5,77 -31 ) $ Receipts: State /Federal Aid 83,960.00 1069-485.00 Special Grant /1980 205.00 205.00 Special Grant /1981 -0- Kandiyohi County 16,783.33 67,133.32 67,133.35 Meeker County 31,008.12 46,512.18 McLeod County 18,449.72 50,994.29 Willmar 13,731.82 54,927.30 54,927.30 Litchfield 7,126.85 28,507.46 28,507.46 Hutchinson 10,182.30 40,729.20 40,729.21 Glencoe 4,663.44 189653.76 18,653.76 Bird Island 1,411.00 5,644.01 5,644.02 Renville 1,550.45 6,201.80 69201.79 Petty Cash 1,899.16 20,219.32 20,000.00 Gifts 180.00 -0- Other 820.39 13,414.18 10,000.00 Total Receipts: $ 58,168.74 8389,233.19 $455,993.36 From 1980 Budget & Grants 61199.00 TOTAL RECEIPTS & BALANCE: 8 42,835.01 $383,456.$8 $462,192.36 N, 7 YTD_ S OF EXP_ 3UDGETE_D_ _ ___ FUND ORG ACCOUNT is XS�. EXPEHDITURE TO EUD AMOUNT LIBRARY LIBRARY PERSONAL SERVICES SALARIES 299,.730.43__88.84.°.. _2.810 111.00__. _ HOSPITAL MED. INSURANCE 12x227.31 94.067E 130000.90' PERA AND SOCIAL SECURITY 220379.45 101.72E 22,000.93 TOTAL PERSONAL SERVICES 284.9337.19 85.95° ._3160111 -•001 KATERIALS BOOKS- ADULT _ 290 672.22, -59. 11$ ____50 P 157 .36 _{ BOOKS- CHI LDREN 10x216.93 63.8611 16x00'3.03 ' PERIODICALS .5x909664 84942, _. 7x004.00 1 PAMPHLETS _ 19 _ .... . 99.3212 2CO.39 _ - AUDIO VISUAL- :30946.25 71'.939 5x00G•9J PAINTINGS 53.00 . 26.50X 200.03 BINDING 456.04 _76.01$ 600.00.._ MI CROF QRY.S 155.00 51.67. 300693 TOTAL 1iATERIALS 500607.71 63.6671 790497.36 rAINTENANCE CUSTODIAL SUPPLIES AND SERV• 562.35 63.90$ 880.00 TELFPHONE 3jw498.55_._j09.332 __3x200'.90_: CGYPUTER TERMINAL 030 009 2x000 .9J VEHICLE OPERATION - INCL INS 10,563.85 117.•382 93000000 _. TOTAL MAINTENANCt 1�0624.75__._.S6.98._M_15x9 "80.90_ OTHER SUPPLIES- 9.*999083 _.9OO9iX 11x900.00, PROrOTING AND PROGRAMMING 577.47 38.502 10590.93 POSTAGE 40216.89 105.427 4 00x00.99 _- _MILEAGE AND.- MEETINGS_ 3.9 5E 0. 79 -_ 65.621 -- -_50000.07 rErBERSHIPS 335900 55.839 600.0.) INSURANCE 30404.00 65.462 5sZ09913 _ ECUIPIIE14T RENTAL.____ 10x026.96 -- ..83.56,. 120►J00.33 AUDITING SERVICES 940000 104.449 900.30 BOOKKEEPING SERVICES 20250.00 83.339 2 #700 ".30 .TOTAL OTHER-- _ 82.12,__- __420900.00 CAPITAL OUTLAY EQUIPMENT __.. - _ _ _.,_ _ 70053.97__58.687 _3x500.03_ BRANCH AMORTIZATION FUND 000 0002 700.00 VEHICLE AMORTI7-ATIO4 FUND .00 .007E 3x0- 00".73 - ____TOTAL CAPITAL.OUTLAY. ...... __-. __ -._.. _____- .2#053.97. .28.53.___7.x200 -.09 SPECIAL GRANTS _ STATE ARTS- GRANTx__1980.- -_ _388.33 __117.685_ ___. 3300JJ- LSCA - ILLITERACY# 1580 638.66 59.479 1- X'174.30 TOTAL SPECIAL GRANTS 10026.99 73915. 10404.99 TOTAL LIBRARY Investments redeemed Investments purchased Ending cash balance _36, fr /+C, 40 8 28,300.00 49,618.16 (15,301.55 Savings Pass Book: $21,400.77 as of October 31, 1981 38 7x 86 i. 55 83. 922 $287.510.00 298,386.88 (15,301-55) 462x192.36