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cp05-12-1998 cM A Y
SUNDAY
MONDAY
TUESDAY
1998
-
-11-
-12-
HUTCHINSON
7:00 a.m. — Combined Leadership
MOTHER'S DAY
1:00 p.m. — HATS Joint Powers
Team & Community Needs
CITY
Board Meeting at HATS
Task Force Meeting in City
CALENDAR
Facility
Center Main Con£ Room
s;
WEEK OF
M
r°
5:30 p.m. — Light Traffic Advisory
Board Meeting in City Center
9:00 am. — Management Team
Meeting in Main Conf.
Room
May 10 to May 16
��
Main Conference Room
1
5:30 p.m. - City Council Meeting
in City Council Chambers
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
-13-
-14-
-15-
-16-
CONFERENCE /SEMINAR/
7:30 a.m. — Joint Meeting of
7:00 a.m. — Economic Development
TRAINING/VACATION
McLeod Regional Rail
Authority Meeting at
Authority & Central Prairie
City Center Main Con£
Railway Assn. At Best
Room
5/11 -15 Steve Madson (S)
Western Victorian Inn
5/15 -29 Cal Rice (V)
May 1417 — Good Sam Jamboree
at McLeod County
C - Conference
Fairgrounds
M = Meeting
S = Seminar
T = Trawmg
V = vwaum
AGENDA
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, MAY 12, 1998
1. CA TO ORDER - :30 P.M.
2. INVOCATION — Rev. Robert Brauer, Seventh Day Adventist Church
3. MINUTES
MINUTES OF APRIL 14, 1998 AND BID OPENING OF MAY 8, 1998
Motion to approve as presented
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS -- NONE
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 11007 - RESOLUTION FOR PURCHASE
• 2. RESOLUTION NO. 11008 - RESOLUTION ACCEPTING PLEDGED
SECURITIES FROM MARQUETTE BANK GOLDEN VALLEY
HUTCHINSON OFFICE
3. 1998 STREET AND SIDEWALK IMPROVEMENTS; LETTING NO. 3/
❖ RESOLUTION NO. 11009 — RESOLUTION ORDERING
PREPARATION OF ASSESSMENT ROLL NO. 5021
❖ RESOLUTION NO. 11010 — RESOLUTION ACCEPTING
ASSESSMENT ROLL NO. 5021 AND CALLING FOR HEARING
(c) "OFF SALE" NON - INTOXICATING MALT LIQUOR LICENSE FOR CITGO-
QUIK MART
(d) PARADE PERMIT FOR VFW /AMERICAN LEGION MEMORIAL DAY
PARADE ON MAY 25, 1998
Action - Motion to approve consent agenda
5. PUBLIC HEARING —NONE
[�K�7u'1► 1I1C1C C619 t4 X110 * &7410 l VII El l .
0
• CITY COUNCIL AGENDA — MAY 12, 1998
(a) VARIANCE TO CONSTRUCT LOADING BERTH AT CROW RIVER PRESS
LOCATED AT 170 SHADY RIDGE ROAD NW WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION WITH STAFF
RECOMMENDATIONS (DEFERRED APRIL 28, 1998)
Action — Motion to reject — Motion to approve and adopt Resolution No. 11004
U • U
(a)
CONSIDERATION OF PURCHASE AGREEMENT FOR WETHERALL
PROPERTY
Action — Motion to reject — Motion to approve
(b)
CONSIDERATION OF APPLICATION FOR MIGHTY KIDS GRANT
Action — Motion to reject — Motion to approve and adopt Resolution No. 11011
(c)
CONSIDERATION OF APPLICATION FOR MIGHTY DUCKS GRANT
•
Action — Motion to reject — Motion to approve and adopt Resolution No. 11012
(d)
CONSIDERATION OF AMENDMENT TO ADAMS STREET SMALL CITIES
REHABILITATION PROJECT PROCEDURAL GUIDE
Action — Motion to reject — Motion to approve
(e)
CONSIDERATION OF PROPOSAL FOR CONSULTING SERVICES FOR
FEASIBILITY REPORT ON SOUTH AREA TRUNK SANITARY AND STORM
SEWER IMPROVEMENTS
Action — Motion to reject — Motion to approve
(�
CONSIDERATION OF SETTING DATE FOR CONTINUED CITY COUNCIL
WORKSHOP REGARDING CITY BUDGET
Action -
(g)
CONSIDERATION OF CUSTOMER SERVICE STANDARDS WITH RESPECT
TO TRLAX TELECOMMUNICATIONS COMPANY
Action — Motion to reject — Motion to approve
9. MISCELLANEOUS
(a)
COMMUNICATIONS
0 CITY COUNCIL AGENDA - MAY 12, 1998
1 lu.
(a) VERIFIED CLAIMS
Action - Motion to approve and authorize payment from appropriate funds
loss : 1 1 l; Out ►r
n
LJ
9
• MINUTES
BID OPENING
FRIDAY, MAY 8, 1998
Director of Engineering/Public Works John Rodeberg called the meeting to order at
11:00 am. Also present were Assistant to Engineer Cal Rice and Administrative
Secretary Marilyn J. Swanson.
The reading of Publication No. 5163, Advertisement for Bids, Letting No. 3, Project No.
97 -30, 98 -04 through 98 -10, was dispensed with. The following bid was opened and
read.
Wm. Mueller & Sons, Inc.
Hamburg, MN 5587,571.80
The bid was referred to staff for review and a recommendation.
The meeting adjourned at 11:05 a.m.
.................::- .- ........ ......................- ::........ -. ...........::...............
MINNESOTA SAFETY COUNCIL
Hereby presents to '
City of Hutchinson
this
MERITORIOUS ACHIEVEMENT AWARD
In recognition of meritorious injury prevention perkxnw )e
- n —
Governor swe d Mwdvwu
:..............................
IN TMFFIC SAFETY /
1997
Making Minnewta A Safer Place to live
rrw&Kmm
I�IIII I IIIIIIII 111111
RESOLUTION NO. 11007
CITY OF HUTCHINSON
• RESOLUTION FOR PURCHASE
The Hutchinson City Council authorizes the purchase of the following:
ITEM
COST
PURPOSE
DEPT.
BUDGET
VENDOR
Agco Allis 8630 Tractor
20,000.
DO Sludge Hauling and
Compost Use
WWTP
Yes
Schramm Implement
The following items were authorized due to an emergency need:
ITEM I COST I PURPOSE I DEPT. I BUDGET I VENDOR
Date Approved: May 12. 1998
•Motion made by:
Resolution submitted for Council action
by:
Seconded by:
• RESOLUTION NO. 1100
ACCEPTING PLEDGED SECURITIES
FROM MARQUETTE BANK GOLDEN VALLEY HUTCHINSON OFFICE
WHEREAS, Marquette Bank Golden Valley Hutchinson Office a city
depository, has requested the addition of the following security
under the collateral agreement with the City of Hutchinson:
GNMA I POOL 433964 4 -15 -28 36207JXX6 $2,475,000
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
THAT the City Finance Director be authorized to accept the
securities.
Adopted by the City Council this 12h day of May 1998.
•
Marlin Torgerson
Mayor
hV404WIC
Gary D. Plotz
City Administrator
rs
•
Hutc Citv Center
Ill Hassan Street SE
Hutchinson. MN 55350 -2522
320 - 587- 51511Fa 320- 234 -4240
M 17 � 1 �- (
1 "�J N ' i
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering/Public Works
RE: Resolution Ordering Preparation of Assessment Roll
Resolution Accepting Assessment Roll and Calling for Hearing
Letting No. 3/Project No. 97 -30, 98 -04 through 98 -10
• DATE: May 6, 1998
The above final Resolutions will be prepared after the Bid Opening on Friday, May
8' and will not be available for the Council packet. Final copies should be available
late Monday or early Tuesday if you would like to review them ahead of time. I will
have a complete breakdown of the funding for the Council meeting.
cc: Paz VanderVeen
file: 98/L3
E
Pnnted on recvccd pnper-
INTER
OFFICE MEMO
Date: May 12, 1998
To: Mayor & City Council
From: Marilyn J. Swanson, Administrative Secretary
The following three ordinances were inadvertently omitted from the City Council agenda for a
second reading and ado to ion
❖ ORDINANCE NO. 98 -222 — Vacation of Utility and Drainage Easements in Paden's
Addition (Bernie McRaith)
❖ ORDINANCE NO. 98 -223 —Amendment to Zoning Ordinance No. 464, Section 8.18,
Entitled Flood Plain
❖ ORDINANCE NO. 98 -224 — Amendment to Zoning Ordinance No. 464, Section 3,
Entitled Definition of Garage
�le,q
•
RETAIL "OFF SALE" $200.00
Mate of Annegota,
c.v o f 11c Leo
T the . .... . ......................... ............................ ii
th �y ..... ............... o f . . ..�utchinson
...............................
....................................................................... ...................... aste of bIinnesota:
_Rob eft Ha Lij igk
hereby appl.-i-M-for a Uomoo for the term of ..... ..... ..... ..
from as -fir, QL Of -------- to Sal
In Original Packages Only, Non-Intoxicating Malt Liquors,
as the some are deftned by law, for conaumptlan "OFF' those optain promises (A
CITY __ __AU
dwerlbod as folJow, to-wit:
CITGO - QUIK MART
19 Fourth Ave. NW
E
at which plain mid appliza"..._operago-5--the business . .. ....
and to that ead reprownt-A-and state.-L-as follexce:
That said appuoant_._____Ls AdKu ...... vt the united states; of good moral charaoter
and repute; and ha.-S.--attained the age of tj part; .5.— .__.__.._...._. .. -0 the
ortabushmem for wh" the Manse WLU be lamed If lid, application to franted,
That said apPU0a"_makS_.S..U4* applioadion pursuant and subject to alt the laws of the State of
Minnowea and the ordixaw and rofuJ." of dwto, wh&k
are hereby made a Pad hereof, and hereby airoo.-P-1a observe and obey the same:
Reco=end approval.
Driver's license I.D.
required fo r
purchase.
4f22
LSeevelKadson, Police Chief
Z"h applicant further stag" that ho to FA* xow ON haktor of, nor has he made application for, nor
does he intend to make applioation for a Fedora B44all Doaloeo Special tax stamp for the sale of
intax-atinj Uquar.
PAID
APR 2 91998
CftYO1H&ft=
Dated- . Z 19_ x .
P. 0.
/ -0-1
APPLICATION FOR PARADE PERMIT
FOR OFFICE USE ONLY
Date Received:
Approved:
0 1. Name of Organization
2.
Address of Organization 7�1, _ s� ^ � �"
Phone 9iS5
X 3.
Authorized Officer's Name
4.
Officer's Address - 1,2r, Qe-l. C _
Phone S5� 1 , `3q V
5.
Parade Chairman VY1 �h
6.
Parade Chairman's Address - 7- - L4 hy% l,-
1 34
Phone L;p
7.
Date of Parade (VN" le,
—'
Assembly Time
9',Do
8.
Location and Description of Assembly Area
'.o
�`�y4
1 "74
9.
Starting Time of Parade a 7, Estimated
Time of
Termination
/P', br)
10.
Starting Point of Parade , Z,.,A ", ,
A�- Nt,
c�c,G
11.
Route of Parade Travel 2 —,� 4 o Vv\,N
4,+ ,
✓v a` .
CA -f4, 6-
•
12
Termination Point of Parade S ✓Yla` k
13. Approximate Number of Units, Animals and Vehicles which will constitute Parade with
Type and Description of Animals and Vehicles Z�,5 - } Oti -- W30 4 L--
14. Maximum Interval of Space to be Maintained Between Units V �, t'," 1 _
15. Maximum Length of Parade
16. Minimum and Maximum Speed of Parade + yyl MPH
17. Portion of Street Width Traversed
------------------------------------------------
Approved this day of 19_ upon compliance with the following terms
and conditions
E
Chief of Police
J
Scenic Heights Investment
• PO Box 1176
Minnetonka, MN 55345
May 1, 1998
Mr. John Rodeberg
City of Hutchinson
Hutchinson, MN 55350
RE: Island View heights 2" Addition
Dear John:
Due to a variety of factors which we have discussed, Island View Heights Second Addition is
incomplete. The net result is an unmarketable project
We are requesting the City to defer the 1998 assessments by adding them to the last year of
• the assessment schedule. This would allow the time needed to complete the public
improvements (City Contract) and allow us the opportunity to start our marketing.
The deferment is requested on the following;
Block 1
Lot 1 and Lots 4 thru 11
Block 2
Lots 1 thru 5
Block 3
Lots 1 thru 18
Bock 4
Lots 9 thru 34
We are available to appear before the City Council to discuss our request
Thank you for your consideration.
Sincerely,
William H. Gilk
Partner
/_ -A I
I
11
sheed
Real Estate Taxes 1998
IVN 1st Add finn
�Z
q
u `_` )
x
a
f
1 ,b J
y b
ILI
h�
Pik
LOT
BLOCK
Full Tax Amt 1F
irst Half Due May 3 5th I
12nd
Haif Due Oct 15th
1
1
-
2
1
S 2 346.00
$ 1 173.00
$ 173.00
4
1
S 2456.00
$ 1228.00
$ 1229,00
9
1
$ 2 380.00
S 1
$ 1 , 190,00
10
1
$ 2 394.00
S 1
$ 1
11
1
$ 2 412.00
$ 1
$ - , , 706.00
13
1
$ 2 438.00
$ 1,219.00
S 1 219.00
15
1
S 2 438.00
$ :1
$ 1.219.00
16
1
$ 2.438.00 1
S 1 219.00
1
$ 1 219.00
17
1
$ 2.438.00 1
$ 1
1
$ 1,21900
2
3
$ 2.522.00
$ 1261.00
S 1 281.00
3
3
$ 2.626
1
S 1,313.00
IVH 2nd Addition
1
1
$ 552.00
$ 1
$ 1
2
10
$ 034.00
2
$ 4,V If Uv
3
fjl
$ le 4 030,00
$ 2,015,00
$ 2
4
1
$ 2,552 00
S 1 276.00
$ 1
5
1
$ 2,552-00
S 1
$ 1
6
1
$ 2.552.00
$ 1 276.00
1
$ 1
7
1
$ 2-1
$ 1
1
$ 1
8
1
S 2 552.00
$ 1
1
$ 1,276.00
9
1
$ 2,552.00
$ 1
1 $ 1
10
1
$ 2-
1 1 ' 00
S 1 277,00
11
1
$ 2,558.00
$ 1
1 S 1
1
2
$ 2U 00
$ 1
1 $ 1x77,00
2
2
$ 2 552.00
$ 1 276.00
$ 276. 00__i_��
3
2
$ 2.552.00
$ 1
$ 1 , 275.00
4
S 2
$ 1276.00
$ 1,276,00
5
2
$ 2,552,00
$ 1 276.20
$ 1
1
3
$ 1092.00
$ 546.00
I
S 545
2
3
$ 1092,00
$ 546.00
$ 546,00
3
3
S 1092.00
$ 546.00
$ 5413.00
4
3 _
$ 1092.00
S 546.00
$ 546.(10
5
3
S 1
$ 546.00
!
$ 546,0
2
2
$ 1002.00
$ 546.00'
$ 546,00
7
3
$ 1 00
$ 546.00
$ 548,00
8
3
$ 1092.00
$ 546.00
$ 5 46.00
9
3
$ 1092.00
S 546.00
$ 546.00
10
3
$ 1092.00
$ 546,00
$ 546,00
11
3
$ 1092.00
S 546.00
R 346.00
12
3
$ 1092100
$ 546. D0
I
$ 546.00
1 13
3
$ 1092,00
$ 546.00
1 $ 54(;.00
14
3
$ 1,0 92.00
$ 548.00
i $ 5 Cuo
15
3
1 $ 10_92.00
$ 546.00
F 546.00
16
S 100200
$ 548.00
546.00
17
3
$ t 092.00
S 546.00
S 5 0
18
3
$ 1092.00
1 S 540,00
S F�5,.170
$ 90 348 00
1 $ 4517400
$ 4.5 174 00
Page 1
Sheetl
u
IVH 2nd Addition cont'd
�b
9 `�• $t �So $�
LOT
BLOCK
Full Tax Amt
First Half Due May 15th
12ndHalfDueOctI5tII
3
4
S 1224,00
S 612.00
Is
612.00
4
4
$ 1224.00
$ 612.00
$ 612.00
5
4
S 109700
$ 546.00
$ 546.00
6
4
$ 1 092.00
$ 546.00 1
$ 546.00
7
4
$ 1092.00
$ 546.00
I
S 546,00
9
4
$ 1,092.00
$ 546.00
$ 546.00
10
4
$ 1092.00
$ 545.00
$ 546.00
11
4
$ 1 092.00
$ 546.00
$ 546.00
12
4
$ 1092 -00
$ 546.00
S 546.00
13
4
$ 1092.00
$ 546.00
$ 54600
14
4
$ 1092.00
$ 546.00
$ 546.00
15
4
$ 1092.00
$ 546.00
S 546.00
16
4
$ 1092.00
$ 546.00 1
1
$ 546.00
17
4
$ 1092.00
$ 546.00
1
$ 546.00
18
4
$ 1092.00
$ 546.00
1
$ 546.00
19
4
$ 1092.00
$ WM
$ 546.00
20
4
$ 1092.00
$ 546.00
$ 546.00
21
4
$ 1092.00
$ 546.00
$ 546.00
22
4
$ 1092.00
$ 546.00
$ 546.00
23
4
$ 1092.00
$ 546.00
$ 546.00
24
4
$ 1092.00
$ 546.00
$ 546.00
25
4
$ 1092.00
$ 546.00
$ 546.00
26
4
$ 1092.00
$ 546.00
$ 546.00
27
d
$ 1092.00
$ 546.00
$ 546.00
28
4
1 $ 1092.00
$ 546.00
$ 546.00
29
4
$ 1
$ 546.00
'
$ 546.00
30
4
$ 1097_.00
S 546.D0
$ 546.00
31
4
$ 1 092.00
$ 546 00
1 $ 546.00
32
4
$ 10
$ 546.00
$ 546.00
33
4
S 1,092.00
$ 546.00
$ 546.00
34
4
$ 1 092.00
S c46.00
1 5 54b 00
cutlot A
ivh 2nd
$ 3602.00
$ 1
1 $ 1 801.00
'
outlot B
ivh 2nd
$ 16 65200
$ 8 326.00
S 20.00
8 3
I
cutlot A
I ivh 1st
$ 100.00
S _ 50.00
$. 5000
6 acres
•'
S ✓ 962.00
$ 431 .00
$ .' : 481_09
-'-
5.0 acres
1
$ 160.00
$ 80.00
$ 80.00
6.5 acres
$ 176.00
88.00
2.00
$
`+
$
$
$
$
$ -55
$ 27 886.00
i
$ 27 Sf14.00
Page 2
C
•
Hutchinson City Center
111 Hassan Street SE
Hutchinson, hIN 55350.2522
320 - 587- 515VFm 320.234.4240
MEMORANDUM
DATE: April 23, 1998
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT:
HISTORY
On April 6, 1998, Mr. Mark Theis submitted an application for a variance to reduce the loading
• berth requirement from 65' to 43'. A hearing was held at the regular meeting of the Planning
Commission on Tuesday, April 21, 1998, at which time there was no one present objecting to the
request.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee paid.
2. Notices were mailed to the surrounding property owners as well as published in the
Hutchinson Leader on Thursday, April 9, 1998.
RECOMMENDATION
It is the recommendation of the Planning Commission that the variance be approved reducing the
loading berth requirements referencing the third revised site plan submitted. The third plan
represents no encroachment onto roadway with approximately 5' encroachment into the public right
of way/boulevard.
Respectfully submitted,
Dean Wood, Chairman
Hutchinson Planning Commission
11
CC: Crow River Press
Primed on nxycled paper
I-A I
Pursuant to Section 6.04, of Zoning Ordinance No. 464, the Hutchinson Planning
Commission is hereby submitting its findings of fact and recommendation with
respect to the aforementioned request for a variance.
UOSTr0 (Orf10
TOP O FkW (e
T OTAL Pr°! R
ICWMW (IZ
TOTAL AAFA
M10SWE AREk (1Y
MSC AKA - 12A00
1;000
f4
A O=PMf.Y r4K - FT - (P
fL ew m (POI TA9L 10,
OF"X (100/7n
1. TOTAL EUr OWN (10
(0) 7-C 00016 rw
2 107 W10" 111PA4
(OWn0r1 100&4)
iWARN OF 2 DM
(dOC'1101r 10W)
,. ROWS ILO' IN[ ON
TENT PAS= rdW A
E11GRemm 110f11L
(1Emm 100&0)
& 1 m Pi m 0an6tt
w On rf1E O00VA
(r9 WN 1000.7)
a Spoom Tf ST3TOa (r10T
fPENW01W OF Om
OM. 11D422 POND=
GENERAL SIT
,• f:ONC. WALK w
b iXi M., % WIA MWH
IMF
a SITE PLAN
(P . 2
aNCHMIM
Tap not !V&onl m oad d0a of Ww* 6a0. Rose
n•r� rv.� /+� J �W1T 1I1MY1U �ti � � rNl •n
PLANTING SCHEDUI F
p M1ow Earm ammo 6
© M1W[ Dm610 Ommm N
p MKW Elm m mcwm r
p mmw om m wm ro10E
mum corm nm
p DRUM Tpm TO Mv&L
^
on
JAN. COMMON NAME
19 016 TACK ma SPA= AW
THIRD REVISION OWL
E mw AM 1 AW
rro
u AYP ■1r tw alrrell 1• T , r
or
RESOLUTION NO. 11004
RESOLUTION GRANTING VARIANCE FROM SECTION 6.04 OF
• ZONING ORDINANCE NO. 464 TO ALLOW A VARIANCE REQUESTED BY CROW RIVER
PRESS TO REDUCE LOADING BERTH SETBACK LOCATED AT 170 SHADY RIDGE
ROAD NW
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
FINDINGS
1. Mr. Mark Theis, Crow River Press, has applied for a variance from Section 6.04 of Zoning
Ordinance No. 464 to reduce loading berth setback to allow approximately a five foot encroachment into
the public right -of -way on property located at 170 Shady Ridge Road, with the following legal description:
Legal Description: Lots 1, 2, and 3, Block 1, Tenpart Addition, according to the recorded plat thereof.
2. The Planning Commission has reviewed the application for a variance and has recommended
to the City Council that the application for variance be approved as set forth above.
3. The Council has considered the effect of the proposed variance upon the health, safety, and
welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the
public safety, and the values of property in the surrounding area and the effect of the proposed variance upon
the Comprehensive Plan.
4. Because of conditions on the subject property and on the surrounding property, it is possible
to use the subject property in such a way that the proposed variance will not impair an adequate supply of
• light and air to adjacent property, unreasonably diminish or impair health, safety, comfort, morals, or in any
other aspect be contrary to the intent of the ordinance and the Comprehensive Plan.
5. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property and do not apply generally to other land or structures in the
district in which such land is located.
6. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable hardship or difficulty.
CONCLUSION
The application for the variance for the purpose designated is granted based on the findings set
forth above referencing the third revised site plan submitted. The third plan represents no encroachment onto
roadway with approximately a 5' encroachment into the public right -of- way/boulevard.
Adopted by the City Council this 28th day of April, 1998.
ATTEST:
•
Gary D. Plotz, City Adm.
Marlin D. Torgerson, Mayor M
P �Y71
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
•
Mr. Gary Plotz
Hutchinson City Center
111 Hassan Street SE
Hutchinson, Mn. 55350
Re: Wetherell Property Acquisition
Our File No. 3244 -97115
Dear Gary:
(320) 587 -7575
FAX (320) 667 -4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
May 12, 1998
'A AY 1 2 1998
6171 ur rw I GHiNSON
OF COUNSEL
ARTHUR L. DOTEN
6661 CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 55416
(612) 545 -9000
FAX (61 2) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(61 2) 389-2214
FAX (61 2) 389-5506
I am enclosing herewith a revised Purchase Agreement which reflects changes requested by Mr. and Mrs.
Wetherell in connection with a meeting I had with them this morning. By carbon copy of this correspondence
• I am advising Larry Martin of the changes which are outlined In this Purchase Agreement. I have actually
enclosed both a redlined and a dean copy of the Purchase Agreement and I would suggest the redlined copy
be distributed to Council members for action this evening.
Most of the proposed changes are clarifications requested by Mr. and Mrs. Wetherell or assurances
requested by them. For example, I have inserted an entirely new paragraph dealing with cooperation issues
which deals with commitments on the part of the City to give notice before roadway construction actually
begins and outlines the fact that all parties know and understand that heavy equipment and materials will
be stored on the site but the City agrees to use reasonable efforts to keep such materials away from the
Wetherell's property. Mr. and Mrs. Wetherell acknowledge that they fully expect that the City would do so
anyway but as long as they have requested it including it in the Purchase Agreement does not appear to me
to be a major sacrifice.
The only substantive change, from my perspective, deals with the issue of the retention. Mr. and Mrs.
Wetherell specifically requested that the City retain $10,000.00 rather than $15,000.00. 1 believe they
understand, after our discussion, why the City is requesting a somewhat higher retention amount. However,
the problem that they face is buying replacement property and the need for every available dollar of capital
to get that purchase completed.
Frankly, from my perspective, if the Wetherells were inclined to create a problem for the City neither
$10,000.00 nor $15,000.00 would be sufficient to deal with the issue and if the problem is inadvertently
created, a $10,000.00 hold back is probably sufficient. In my 11 years as city attorney the largest single
clean up expense that we incurred was with the Lowell Otto property and that was something less than
$10,000.00.
I did indicate to Mr. and Mrs. Wetherell that this was an issue about which there were concerns at the Council
level and I would discuss the issue with them and get back to them with the revisions approved by the
• Council as the Council may see fit.
DAVID B. ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON'
LAURA K. FRETLAND
PAUL D. DOVE"
JANE VAN VALKENBURG
RICHARD G. McGEE
CATHRYN D -REHER
WALTER P. MICHELS, III
JAMES UTLEY
' A LBO ADMITTED IN TEXAS AND NEW YORK
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSO N. MINNESOTA 55350-2563
CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION g
'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
Mr. Gary Plotz
May 12, 1998
page 2
Please get back to me with any questions or problems.
Thank you. Best regards.
Very tru_VWurs,
ANDERSON & DOVE, PLLP
O$-Mrry Anderson
GBA:jm
enc.
CC Larry Martin
•
• PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT is made and entered into this day of April, 1998,
by and between the City of Hutchinson, a Minnesota municipal corporation (Buyer), and Mary Ann
Wetherell and Crary Wetherell, husband and wife (Seller).
RECITALS:
1. Sellers, residing at 1145 Arch Street, Hutchinson, Minnesota 55350 desire to sell the
following described real estate:
That part of the West Half of the Northeast Quarter of Section 5, Township 116, Range 29,
McLeod County, Minnesota, and that part of Lot 7 of the Auditor's Plat of the West Half of
said Section 5 described as beginning at the Northeast corner of Lot 8 of said Auditor's Plat;
thence on an assumed bearing of South along the East line of said Lot 8 a distance of 719.75
feet to the centerline of a township road; thence South 64 degrees, 04 minutes, East along
said centerline a distance of 94421 feet; thence North a distance of 1142.40 feet to a point
bearing East from the point of beginning; thence West a distance of 849.13 feet to the point
of beginning.
ONE
• That part of the West Half of the Northeast Quarter of Section 5, Township 116, Range 29,
McLeod County, Minnesota described as commencing at the Northeast corner of Lot 8 of the
Auditor's Plat of the West Half of Section 5, Township 116, Range 29; thence on an assumed
bearing of South along the East line of said Lot 8 to the centerline of a township road; thence
South 64 degrees, 04 minutes East along said centerline a distance of 944.21 feet to the point
of beginning of the parcel herein described; thence continue South 64 degrees, 04 minutes
East along said centerline a distance of 81.18 feet; thence North a distance of 1177.90 feet
to a point bearing East from the Northeast comer of said Lot 8; thence West a distance of
73.00 feet to a point bearing North from the point of beginning; thence South a distance of
1142.40 to the point of beginning.
2. Buyer desires to purchase said property;
3. The parties hereto have reduced their agreement to writing.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties do hereby agree and contract as follows:
1. OFFER AND ACCEPTANCE: Buyer offers to purchase and Seller agrees to sell the
above described real estate.
2. PRICE AND TERMS: the price for the real property included in this sale is Three
• Hundred Fifty Five Thousand and no /100 Dollars ($355,000.00) with the sum of Three Hundred
AI
Forty Thousand and no /100 Dollars (340,000.00) to be paid in cash at the time of closing and the •
balance to be paid pursuant to the terms of paragraph 15 as set forth below. One Hundred Thousand
and no /100 Dollars (100,000.00) of the purchase price paid herein shall be attributed to relocation
expenses but no additional payments shall be made by Buyer to Seller for relocation benefits.
3. DEED AND MARKETABLE TITLE: Upon performance by Buyer, Seller shall execute
and deliver a general warranty deed joined in by spouse, if any, conveying marketable title, subject
to:
(a) building an zoning laws, ordinances, state and federal regulations;
(b) restrictions relating to use or improvement of the property without effective forfeiture provisions;
(c) reservation of any mineral rights by the State of Minnesota;
(d) utility and drainage easements which do not interfere with existing improvements,
(e) exceptions to title which constitute encumbrances, restrictions, or easements which have been
disclosed to Buyer and accepted by Buyer in this purchase agreement; (must be specified in writing)
4. REAL ESTATE TAXES AND ASSESSMENTS Seller shall continue to pay real estate
taxes as the same fall due and shall not permit said real estate taxes to become delinquent until Seller
vacates the premises. Taxes due and payable in the year Seller vacates the premises shall be pro rated
to the last day of occupancy of the premises by the Seller. Occupancy is defined as any period of time
in which Seller's personal property, goods, belongings, inventory or equipment (not including •
buildings or fixtures) remain on the premises. Taxes for the property north of Fifth Avenue as
constructed shall be pro rated for calendar year 2000 with seller'paying one -fourth of said taxes and
buyer paying three- fourth of said taxes unless Seller vacates said premises earlier in which case Buyer
shall pay taxes based on the date of vacation by Seller. In no event shall Seller pay taxes in an amount
greater than the 1998 tax level assigned to said property and Buyer shall pay all assessments whether
levied, pending or deferred.
5. DAMAGES TO REAL PROPERTY If the real property is substantially damaged prior
to closing, this agreement shall terminate and the earnest money shall be refunded to Buyer. If the
real property is damaged materially but less than substantially prior to closing, Buyer may rescind this
agreement by notice to Seller within twenty one (21) days after Seller notifies Buyer of such damage,
during which twenty one (21) day period Buyer may inspect the real property, and in the event of
such recission, the earnest money shall be refunded to Buyer.
6. BOUNDARY LINE. ACCESS, RESTRICTIONS AND LIEN WARRANTIES Seller
warrants that buildings, if any, are entirely within the boundary lines of the property. Seller warrants
that there is a right of access to the real property from a public right of way. Seller warrants that
there has been no labor or material furnished to the property for which payment has not been made.
Seller warrants that there are no present violations of any restrictions relating to the use or
improvement of the property.
7. DISCLOSURE OF NOTICES: Seller has not received any notice from any governmental •
• authority as to violation of any law, ordinance or regulation affecting the property. If the property
is subject to restrictive covenants, Seller has not received any notice from any person as to a breach
of the covenants.
8. EXAMINATION OF TITLE: Within a reasonable time after the acceptance of this
agreement, Seller shall furnish Buyer with an Abstract of Title or a Certificate Showing Condition
of Register certified to date including proper searches covering bankruptcies and State and Federal
judgements, liens, and levied and pending special assessments. Buyer shall have ten (10) business
days after receipt of the Abstract of Title or Certificate Showing Condition of Register either to have
Buyer's attorney examine the title and provide Seller with written objections or, at Buyer's own
expense, to make an application for a Title Insurance Policy and notify Seller of the application.
Buyer shall have ten (10) business days after receipt of the Commitment for Title Insurance to
provide Seller with a copy of the Commitment and written objections. Buyer shall be deemed to have
waived any title objection not made within the ten (10) day period, except that this shall not operate
as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not
a specified above.
9. TITLE CORRECTIONS AND REMEDIES Seller shall have 120 days from receipt of
Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections,
Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable
within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by
payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller
• shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein
and the closing shall be postponed.
(A) If notice is given and Seller makes title marketable, then upon presentation to Buyer and
proposed lender of documentation establishing that title has been made marketable, if not
objected to in the same time and manner as the original title objections, the closing shall take
place within ten (10) business days or on the scheduled closing date, whichever is later.
(B) If notice is given and Seller proceeds in good faith to make title marketable but the 120 day
period expires without title being made marketable, Buyer may declare this agreement void
by notice to Seller, neither party shall be liable for damages hereunder to the other, and
earnest money shall be refunded to Buyer.
(C) If Seller does not give notice of intention to make title marketable, or if notice is given but
the 120 day period expires without title being made marketable due to Seller's failure to
proceed in good faith, Buyer may seek, as permitted by law, one or more of the following:
1. Proceed to closing without waiver or merger in the deed of the objections to title and
without waiver of any remedies, and may: (a) seek damages, costs, and reasonable
attorneys' fees from Seller as permitted by law (damages under this subparagraph (1)
shall be limited to the costs of curing objections of title, and consequential damages
are excluded); or (b) undertake proceedings to correct the objections to title;
•
2. Rescission of this purchase agreement by notice as provided herein, in which case the •
purchase agreement shall be void and all earnest money paid hereunder shall be
refunded to Buyer.
3. Damages from Seller together with costs and reasonable attorneys' fees, as permitted
by law;
4. Specific performance within six months after such right of action arises.
10. ENVIRONMENTAL CONTINGENCY An environmental survey and assessment
must demonstrate the above described property is free of any and all hazardous or toxic substances,
material or waste. The term "hazardous or toxic substances, material or waste" means any substance
that is toxic, ignitable, explosive, reactive or corrosive or otherwise defined as hazardous and that is
regulated by the City of Hutchinson, the County of McLeod, the State of Minnesota or the United
States Government and that exceeds the levels of regulatory tolerance including, but not limited to,
substances regulated under the Federal Water Pollution Control Act, the Federal Clean Air Act, the
Federal Resource Conservation and Recovery Act, the Comprehensive Environmental Response,
Compensation and Liability Act, the Toxic Substance Control Act, or under the Sofid Waste Disposal
Act, petroleum or its derivatives and products, asbestos or polychlorinated biphenyls (pcb's). The
Seller hereby grants to the Buyer, its successors and assigns, and their agents and employees,
permission to enter upon the property to conduct the environmental survey and assessment. The
Buyer agrees to save, indemnify and hold harmless the Seller from and against all costs, expenses,
damages or liabilities arising out of or in connection with the conduct of an environmental survey and •
assessment (other than costs, expenses, damages or liabilities for investigation, remediation, removal
or clean -up of conditions encountered during the environmental survey and assessment). This
contingency shall expire and be of no further force and effect thirty days from the date of execution
hereof and shall be deemed waived by Buyer unless notice is given by Buyer pursuant to this
agreement to avail itself of this contingency.
11. LEASE_ For good and valuable consideration as set forth elsewhere in this agreement,
Seller shall be permitted to lease the above described premises, subject to the terms and conditions
of this Agreement, for a period of three years with said lease terminating at the close of business on
March 31, 2001. Seller agrees to pay all taxes (in an amount not to exceed 1998 levels and as set
forth in paragraph four above) and to pay all expenses of occupancy including but not limited to
insurance and utility charges during Seller's occupancy of the premises. Seller agrees that no waste
of the premises will be permitted and the weeds will be controlled as required by law. Seller agrees
to maintain the premises in a condition that complies with the usual custom and practice of the area
and that is not unsightly provided, however, that Seller shall not be required to repaint or reside any
buildings because all parties acknowledge that it is the intention of the Buyer to remove said buildings
following termination of Seller's occupancy as set forth herein. Seller agrees that no action or
inaction taken by the Seller's during the period of occupancy will increase the level of environmental
risk relative to the above described property. On or before April 1, 2001, or April 1, 2000 as to the
parcel north of a proposed Fifth Avenue, Seller will remove all personal property, equipment,
inventory, goods and belongings leaving only the structures that are presently located on the premises
and any fixtures associated with said structures. Seller agrees to permit no liens of any sort to be •
• established against the property including but not limited to mortgage hens, UCC liens or mechanic's
liens.
12. COOPERATION: Buyer agrees to give Seller 30 days notice of intent to begin the
physical construction process for roadway purposes. Buyer agrees to use best efforts to confine
actual construction work within the described right of way as set forth on project maps but both
parties acknowledge the construction process will require work in and around the right of way area.
Buyer agrees to allow Seller to have access across the construction area to and from the parcels on
the north and south side of the roadway right of way to the extent such access does not impair or
impede the construction process. Buyer agrees to give Seller reasonable notice of lengthy periods
where access across the right of way construction area will not be possible due to construction
efforts. Seller understands and acknowledges that roadway materials, heavy equipment and other
construction property will be stored on the subject property and Buyer agrees to use best efforts to
keep such material either within the right of way area or at least away from the present improvements
located on the premises.
13. SALVAGE: Seller shall be entitled to salvage material, wood, windows, metal or any
other goods or materials from and around the improvements located on the above described real
estate, provided, however, that the structural integrity of all buildings must be maintained at all times
and that all windows and doors are secured to prevent the entry of vermin and to prevent
unauthorized access by individuals to the premises and appropriate safety standards must be complied
with at all times. Buyer and Seller specifically agree that Seller may salvage from the premises
fixtures including but not limited to heating, plumbing and cabinetry improvements. All salvage work
• must be completed no later than April 1, 2000, with respect to the property north of proposed Fifth
Avenue or April 1, 2001 with respect to all other property covered by this purchase agreement. All
salvage efforts must comply with applicable local, state or federal rules, regulations or statutes. Seller
acknowledges that Buyer will not provide utility services to the structures following the date of
closing and that Seller exercises all salvage rights granted herein at Seller's own risk. Salvage rights
do not extend to removal of any top soil or other material unless otherwise agreed by the parties in
writing.
14. INSURANCE: Seller agrees to insure the property for liability purposes and agrees to add
the City of Hutchinson as an additional name insured to any policy of insurance granted herein. Seller
shall not be obligated to carry Fire Loss or Windstorm Coverage on said property as the parties
acknowledge that Buyer intends to demolish and remove structures and improvements upon
occupancy of the property by Buyer.
15. RELOCATION BENEFIT: Buyer and Seller acknowledge that the purchase price
contemplated herein includes any and all relocation benefits payable to Seller and Seller agrees to
enter into a waiver of relocation benefits as set forth on attached exhibit "A."
16. RETENTION: Buyer shall retain the sum of Ten Thousand and no /100 Dollars
($10,000.00) which shall bear interest at the rate of 7.5% per annum from and after the date of
closing herein. The retained amount, along with accrued interest, shall be released to Seller at the
•
earlier of the termination of the occupancy of any portion of the premises by Seller or April 1, 2001 •
and a determination by the Buyer that the terms and conditions of this agreement have been complied
with by the Seller. Seller shall give at least thirty days written notice to Buyer of a request for
payment earlier than April 1, 2001 and if no notice is given, payment of amounts due under this
paragraph shall occur on or before May 1, 2001. Nothing herein shall be interpreted to be a limitation
on the rights of the Buyer in the event of a default by the Seller and any rights granted under this
paragraph are in addition to any other rights granted or held by Buyer. Seller and Buyer agree that
the retention contemplated by this paragraph is intended to be a potential remedy for the City for a
substantial or significant breach of the agreement by Buyer.
17. WELL DISCLOSURE AND INDIVIDUAL SEWAGE TREATMENT SYSTEM
DISCLOSURE: Seller agrees to provide, prior to closing, standard Minnesota forms showing the
location of, and all other required data concerning any wells or individual sewer systems on the above
described property. Seller agrees not to drill any additional wells or install or improve any individual
sewer systems without the written permission of Buyer.
18. SUBLEASE OR ASSIGNMENT: Seller may not assign, sublease, transfer or convey in
any way the rights granted by Buyer to Seller to any other parry, individual or entity without
obtaining the prior written consent of the Buyer.
19. SUCCESSORS AND ASSIGNS: This agreement shall apply to, inure to the benefit of,
and be binding upon and enforce able against the parties hereto and their respective successors and
assigns. •
20. DEFAULT: If either party defaults under this agreement, the other party shall, within
thirty days thereafter, by written notice to the defaulting party, give notice of the default and if the
defaulting party fails to cure non - performance, the non - defaulting party shall be entitled to all rights
under the laws of the State of Minnesota including but not limited to, and not to the exclusion of
other remedies, the right on the part of Buyer to retain proceeds otherwise payable to Seller as set
forth elsewhere in this agreement. In the event of a default, the prevailing party shall be entitled to
reimbursement of the prevailing party's reasonable attorneys fees.
21. NOTICES: All notices, demands or consents provided for in this agreement shall be in
writing and shall be deemed given when delivered to the parties hereto by hand or by United States
Registered or Certified Mail, return receipt requested, with postage prepaid. All such notices and
communications shall be deemed to have been served on the date when mailed. All notices and
communications shall be addressed to the parties hereto at the respective addresses set forth below:
1. If to Seller: Gary Wetherell and Mary Ann Wetherell
1145 Arch Street
Hutchinson, MN 55350
With a copy to: Larry Martin
Larkin, Holtman, Daly & Lindgren, Ltd. •
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431 -1194
If to Buyer: City of Hutchinson
111 Hassan Street SE
Hutchinson, MN 55350
Attn: City Administrator
With a copy to: G. Barry Anderson, Esq.
Arnold, Anderson & Dove, PLLP
101 Park Place
Hutchinson, MN 55350
22. GOVERNING LAW: This agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota.
23. COOPERATION: Each of the parties agrees to cooperate with the other in effecting the
purposes of this agreement. Without limiting the generality of the foregoing, Seller agrees to keep
Buyer fully informed of its uses for the property and its intentions regarding termination of occupancy
of the property.
24. SURVIVABILITY This Agreement shall survive the closing contemplated herein.
• 25. ENTIRE AGREEMENT This Agreement forms the entire agreement by and between
the parties and there are no other understandings, agreements or commitments outside of this
Agreement.
26. ATTORNEYS Both parties have retained counsel of their own choosing and have been
My advised by counsel about the terms, conditions and ramifications of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as
of the day and year first above written.
CITY OF HUTCHINSON
By:
Gary Wetherell Its Mayor
Attest:
Mary Ann Wetherell Gary D. Plotz, City Administrator
•
RECEIVED
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITEO LIABILITY PARTNERSHIP
E
DAVID S. ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON'
LAURA K. FRETLAND
PAUL D. DOVE"
JANE VAN VALKENBURG
RICHARD G. MDGEE
CATHRYN D. REMER
WALTER P. MICHELS, III
JAMES UTLEY
'ALSO ADMITTED IN TEXAS AND NEW YORK
Ms. Marilyn Swanson
Hutchinson City Center
111 Hassan Street SE
Hutchinson, Mn. 55350
Re: City of Hutchinson/Wetherell Property
Our File No. 3244 -97115
Dear Marilyn:
RESIDENT ATTORNEY
G. BARRY ANDERSON
May 7, 1998
MAY R 1998
Crn' OF HUTCHINSON
OF COUNSEL
ARTHUR L. DOTEN
5881 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 884148
(4 12) 848 -9000
FAX (612) 848 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 58371
(612) 369-2214
FAX (612) 3ag-5508
I am enclosing herewith what Is a rough draft of the proposed Purchase Agreement between the City of
Hutchinson and Mr. and Mrs. Wetherell. This correspondence along with this agreement should be Included
In the Council packet for action Tuesday evening. I expect there will be some changes to the agreement
• because attorney Martin has only now started reviewing the document. However, I expect the changes to
be mostly matters of language and not with respect to the substance of the terms.
If you have any questions or problems In connection with this matter, please do not hesitate to contact me.
Thank you. Best regards.
•
Very truly yours,
ARNOLD, ANDERSON & DOVE, PLLP
v
G. Barry Ande n j
GBA:jm
enc.
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
(3 20) 567 -7575
FAX (320) 547 -40948
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION, {{ 1
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION J
• PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT is made and entered into this day of April, 1998,
by and between the City of Hutchinson, a Minnesota municipal corporation (Buyer), and Mary Ann
Wetherell and Gary Wetherell, husband and wife (Seller).
RECITALS:
1. Sellers, residing at 1145 Arch Street, Hutchinson, Minnesota 55350 desire to sell the
following described real estate:
That part of the West Half of the Northeast Quarter of Section 5, Township 116, Range 29,
McLeod County, Minnesota, and that part of Lot 7 of the Auditor's Plat of the West Half of
said Section 5 described as beginning at the Northeast comer of Lot 8 of said Auditor's Plat;
thence on an assumed bearing of South along the East line of said Lot 8 a distance of 719.75
feet to the centerline of a township road; thence South 64 degrees, 04 minutes, East along
said centerline a distance of 944.21 feet; thence North a distance of 1142.40 feet to a point
bearing East from the point of beginning; thence West a distance of 849.13 feet to the point
of beginning.
• That part of the West Half of the Northeast Quarter of Section 5, Township 116, Range 29,
McLeod County, Minnesota described as commencing at the Northeast comer of Lot 8 of the
Auditor's Plat of the West Half of Section 5, Township 116, Range 29; thence on an assumed
bearing of South along the East be of said Lot 8 to the centerline of a township road; thence
South 64 degrees, 04 minutes East along said centerline a distance of 944.21 feet to the point
of beginning of the parcel herein described; thence continue South 64 degrees, 04 minutes
East along said centerline a distance of 81.18 feet; thence North a distance of 1177.90 feet
to a point bearing East from the Northeast corner of said Lot 8; thence West a distance of
73.00 feet to a point bearing North from the point of beginning; thence South a distance of
1142.40 to the point of beginning.
2. Buyer desires to purchase said property;
3. The parties hereto have reduced their agreement to writing.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties do hereby agree and contract as follows:
1. OFFER AND ACCEPTANCE: Buyer offers to purchase and Seller agrees to sell the
above described real estate.
2. PRICE AND TERMS: the price for the real property included in this sale is Three
• Hundred Fifty Five Thousand and no /100 Dollars ($355,000.00) with the sum of Three Hundred
• Forty Thousand and no /100 Dollars (340,000.00) to be paid in cash at the time of closing and the
balance to be paid pursuant to the terms of paragraph 15 as set forth below. One Hundred Thousand
and no /100 Dollars (100,000.00) of the purchase price paid herein shall be attributed to relocation
expenses but no additional payments shall be made by Buyer to Seller for relocation benefits.
3. DEED AND MARKETABLE TITLE: Upon performance by Buyer, Seller shall execute
and deliver a general warranty deed joined in by spouse, if any, conveying marketable title, subject
to:
(a) building an zoning laws, ordinances, state and federal regulations;
(b) restrictions relating to use or improvement of the property without effective forfeiture provisions,
(c) reservation of any mineral rights by the State of Minnesota;
(d) utility and drainage easements which do not interfere with existing improvements;
(e) exceptions to title which constitute encumbrances, restrictions, or easements which have been
disclosed to Buyer and accepted by Buyer in this purchase agreement; (must be specified in writing)
4. REAL ESTATE TAXES AND ASSESSMENTS: Seller shall continue to pay real estate
taxes as the same fall due and shall not permit said real estate taxes to become delinquent until Seller
vacates the premises. Taxes due and payable in the year Seller vacates the premises shall be pro rated
to the last day of occupancy of the premises by the Seller. Occupancy is defined as any period of time
• in which Seller's personal property, goods, belongings, inventory or equipment (not including
buildings or fixtures) remain on the premises. Taxes for the property north of Fifth Avenue as
constructed shall be pro rated for calendar year 2000 with seller paying one -fourth of said taxes and
buyer paying three -fourth of said taxes unless Seller vacates said premises earlier in which case Buyer
shall pay taxes based on the date of vacation by Seller. In no event shall Seller pay taxes in an amount
greater than the 1998 tax level assigned to said property and Buyer shall pay all assessments whether
levied, pending or deferred.
5. DAMAGES TO REAL PROPERTY: If the real property is substantially damaged prior
to closing, this agreement shall terminate and the earnest money shall be refunded to Buyer. If the
real property is damaged materially but less than substantially prior to closing, Buyer may rescind this
agreement by notice to Seller within twenty one (21) days after Seller notifies Buyer of such damage,
during which twenty one (21) day period Buyer may inspect the real property, and in the event of
such recission, the earnest money shall be refunded to Buyer.
6. BOUNDARY LINE, ACCESS. RESTRICTIONS AND LIEN WARRANTIES: Seller
warrants that buildings, if any, are entirely within the boundary lines of the property. Seller warrants
that there is a right of access to the real property from a public right of way. Seller warrants that
there has been no labor or material furnished to the property for which payment has not been made.
Seller warrants that there are no present violations of any restrictions relating to the use or
improvement of the property.
• 7. DISCLOSURE OF NOTICES: Seller has not received any notice from any governmental
• authority as to violation of any law, ordinance or regulation affecting the property. If the property
is subject to restrictive covenants, Seller has not received any notice from any person as to a breach
of the covenants.
8. EXAMINATION OF TITLE: Within a reasonable time after the acceptance of this
agreement, Seller shall furnish Buyer with an Abstract of Title or a Certificate Showing Condition
of Register certified to date including proper searches covering bankruptcies and State and Federal
judgements, hens, and levied and pending special assessments. Buyer shall have ten (10) business
days after receipt of the Abstract of Title or Certificate Showing Condition of Register either to have
Buyer's attorney examine the title and provide Seller with written objections or, at Buyer's own
expense, to make an application for a Title Insurance Policy and notify Seller of the application.
Buyer shall have ten (10) business days after receipt of the Commitment for Title Insurance to
provide Seller with a copy of the Commitment and written objections. Buyer shall be deemed to have
waived any title objection not made within the ten (10) day period, except that this shall not operate
as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not
a specified above.
9. TITLE CORRECTIONS AND REMEDIES: Seller shall have 120 days from receipt of
Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections,
Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable
within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by
payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller
• shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein
and the closing shall be postponed.
(A) If notice is given and Seller makes title marketable, then upon presentation to Buyer and
proposed lender of documentation establishing that title has been made marketable, if not
objected to in the same time and manner as the original title objections, the closing shall take
place within ten (10) business days or on the scheduled closing date, whichever is later.
(B) If notice is given and Seller proceeds in good faith to make title marketable but the 120 day
period expires without title being made marketable, Buyer may declare this agreement void
by notice to Seller, neither party shall be liable for damages hereunder to the other, and
earnest money shall be refunded to Buyer.
(C) If Seller does not give notice of intention to make title marketable, or if notice is given but
the 120 day period expires without title being made marketable due to Seller's failure to
proceed in good faith, Buyer may seek, as permitted by law, one or more of the following:
1. Proceed to closing without waiver or merger in the deed of the objections to title and
without waiver of any remedies, and may: (a) seek damages, costs, and reasonable
attorneys' fees from Seller as permitted by law (damages under this subparagraph (1)
shall be limited to the costs of curing objections of title, and consequential damages
are excluded); or (b) undertake proceedings to correct the objections to title;
r 1
U
2. Rescission of this purchase agreement by notice as provided herein, in which case the
• purchase agreement shall be void and all earnest money paid hereunder shall be
refunded to Buyer.
3. Damages from Seller together with costs and reasonable attorneys' fees, as permitted
by law;
4. Specific performance within six months after such right of action arises.
10. ENVIRONMENTAL CONTINGENCY An environmental survey and assessment
must demonstrate the above described property is free of any and all hazardous or toxic substances,
material or waste. The term "hazardous or toxic substances, material or waste" means any substance
that is toxic, ignitable, explosive, reactive or corrosive or otherwise defined as hazardous and that is
regulated by the City of Hutchinson, the County of McLeod, the State of Minnesota or the United
States Government and that exceeds the levels of regulatory tolerance including, but not limited to,
substances regulated under the Federal Water Pollution Control Act, the Federal Clean Air Act, the
Federal Resource Conservation and Recovery Act, the Comprehensive Environmental Response,
Compensation and Liability Act, the Toxic Substance Control Act, or under the Solid Waste Disposal
Act, petroleum or its derivatives and products, asbestos or polychlorinated biphenyls (pcb's). The
Seller hereby grants to the Buyer, its successors and assigns, and their agents and employees,
permission to enter upon the property to conduct the environmental survey and assessment. The
Buyer agrees to save, indemnify and hold harmless the Seller from and against all costs, expenses,
damages or liabilities arising out of or in connection with the conduct of an environmental survey and
• assessment (other than costs, expenses, damages or liabilities for investigation, remediation, removal
or clean-up of conditions encountered during the environmental survey and assessment). This
contingency shall expire and be of no further force and effect thirty days from the date of execution
hereof and shall be deemed waived by Buyer unless notice is given by Buyer pursuant to this
agreement to avail itself of this contingency.
11. LEASE: For good and valuable consideration as set forth elsewhere in this agreement,
Seller shall be permitted to lease the above described premises, subject to the terms and conditions
of this Agreement, for a period of three years with said lease terminating at the close of business on
March 31, 2001. Seller agrees to pay all taxes (in an amount not to exceed 1998 levels and as set
forth in paragraph four above) and to pay all expenses of occupancy including but not limited to
insurance and utility charges during Seller's occupancy of the premises. Seller agrees that no waste
of the premises will be permitted and the weeds will be controlled as required by law. Seller agrees
to maintain the premises in a condition that complies with the usual custom and practice of the area
and that is not unsightly provided, however, that Seller shall not be required to repaint or reside any
buildings because all parties acknowledge that it is the intention of the Buyer to remove said buildings
following termination of Seller's occupancy as set forth herein. Seller agrees that no action or
inaction taken by the Seller's during the period of occupancy will increase the level of environmental
risk relative to the above described property. On or before April 1, 2001, or April 1, 2000 as to the
parcel north of a proposed Fifth Avenue, Seller will remove all personal property, equipment,
inventory, goods and belongings leaving only the structures that are presently located on the premises
• and any fixtures associated with said structures. Seller agrees to permit no liens of any sort to be
• established against the property including but not limited to mortgage liens, UCC liens or mechanic's
liens.
12. SALVAGE Seller shall be entitled to salvage material, wood, windows, metal or any
other goods or materials from and around the improvements located on the above described real
estate, provided, however, that the structural integrity of all buildings must be maintained at all times
and that all windows and doors are secured to prevent the entry of vermin and to prevent
unauthorized access by individuals to the premises and appropriate safety standards must be complied
with at all times. All salvage work must be completed no later than April 1, 2000, with respect to the
property north of proposed Fifth Avenue or April 1, 2001 with respect to all other property covered
by this purchase agreement. All salvage efforts must comply with applicable local, state or federal
rules, regulations or statutes. Seller acknowledges that Buyer will not provide utility services to the
structures following the date of closing and that Seller exercises all salvage rights granted herein at
Seller's own risk.
13. INSURANCE: Seller agrees to insure the property for liability purposes and agrees to add
the City of Hutchinson as an additional name insured to any policy of insurance granted herein. Seller
shall not be obligated to carry Fire Loss or Windstorm Coverage on said property as the parties
acknowledge that Buyer intends to demolish and remove structures and improvements upon
occupancy of the property by Buyer.
14. RELOCATION BENEFIT Buyer and Seller acknowledge that the purchase price
• contemplated herein includes any and all relocation benefits payable to Seller and Seller agrees to
enter into a waiver of relocation benefits as set forth on attached exhibit "A."
15. RETENTION: Buyer shall retain the sum of Fifteen Thousand and no /100 Dollars
($15,000.00) which shall bear interest at the rate of 7.5% per annum from and after the date of
closing herein. The retained amount, along with accrued interest, shall be released to Seller at the
earlier of the termination of the occupancy of any portion of the premises by Seller or April 1, 2001
and a determination by the Buyer that the terms and conditions of this agreement have been complied
with by the Seller. Seller shall give at least thirty days written notice to Buyer of a request for
payment earlier than April 1, 2001 and if no notice is given, payment of amounts due under this
paragraph shall occur on or before May 1, 2001. Nothing herein shall be interpreted to be a limitation
on the rights of the Buyer in the event of a default by the Seller and any rights granted under this
paragraph are in addition to any other rights granted or held by Buyer.
16. WELL DISCLOSURE AND INDIVIDUAL SEWAGE TREATMENT SYSTEM
DISCLOSURE: Seller agrees to provide, prior to closing, standard Minnesota forms showing the
location of; and all other required data concerning any wells or individual sewer systems on the above
described property. Seller agrees not to drill any additional wells or install or improve any individual
sewer systems without the written permission of Buyer.
17. SUBLEASE OR ASSIGNMENT Seller may not assign, sublease, transfer or convey in
any way the rights granted by Buyer to Seller to any other party, individual or entity without
• obtaining the prior written consent of the Buyer.
• 18. SUCCESSORS AND ASSIGNS: This agreement shall apply to, inure to the benefit of,
and be binding upon and enforce able against the parties hereto and their respective successors and
assigns.
19. DEFAULT: If either party defaults under this agreement, the other party shall, within
thirty days thereafter, by written notice to the defaulting party, give notice of the default and if the
defaulting party fails to cure non - performance, the non - defaulting party shall be entitled to all rights
under the laws of the State of Minnesota including but not limited to, and not to the exclusion of
other remedies, the right on the part of Buyer to retain proceeds otherwise payable to Seller as set
forth elsewhere in this agreement. In the event of a default, the prevailing party shall be entitled to
reimbursement of the prevailing party's reasonable attorneys fees.
20. NOTICES: All notices, demands or consents provided for in this agreement shall be in
writing and shall be deemed given when delivered to the parties hereto by hand or by United States
Registered or Certified Mail, return receipt requested, with postage prepaid. All such notices and
communications shall be deemed to have been served on the date when mailed. All notices and
communications shall be addressed to the parties hereto at the respective addresses set forth below:
1. If to Seller: Gary Wetherell and Mary Ann Wetherell
1145 Arch Street
Hutchinson, MN 55350
With a copy to: Larry Martin
• Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431 -1194
If to Buyer: City of Hutchinson
111 Hassan Street SE
Hutchinson, MN 55350
Attn: City Administrator
With a copy to: G. Barry Anderson, Esq.
Arnold, Anderson & Dove, PLLP
101 Park Place
Hutchinson, MN 55350
21. GOVERNING LAW: This agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota.
22. COOPERATION: Each of the parties agrees to cooperate with the other in effecting the
purposes of this agreement. Without limiting the generality of the foregoing, Seller agrees to keep
Buyer fully informed of its uses for the property and its intentions regarding termination of occupancy
• of the property.
• 23. SURVIVABILITY This Agreement shall survive the closing contemplated herein.
24. ENTIRE AGREEMENT This Agreement forms the entire agreement by and between
the parties and there are no other understandings, agreements or commitments outside of this
Agreement.
25. ATTORNEYS Both parties have retained counsel of their own choosing and have been
fully advised by counsel about the terms, conditions and ramifications of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as
of the day and year first above written.
CITY OF 1 UTCHINSON
Gary Wetherell
Mary Ann Wetherell
Lo
Its Mayor
Attest:
Gary D. Plotz, City Administrator
C�
•
• EXHIBYT "A"
ACOUISTI'ION AND RELOCATION RIGHTS
Seller acknowledges fights granted pursuant to Minn. Stat. Chapter 117 and specifically to
Nfinn. Stat. 117.52 and the Uniform Relocation Assistance and Real Property Acquisition Policies
Act, as amended, 49 CFR Part 24 (hereinafter referred to as "URA"). Seller acknowledges that the
subject URA fights establish both real property acquisition procedures and relocation benefits that
the seller is entitled to receive.
Seller elects to waive certain URA rights including those relating to relocation assistance,
services, payments and benefits for which he is eligible to receive. The following is a summary of
those URA rights being waived:
1) Acquisition Rights - written offer ofjust compensation, right to accompany the City's
appraiser on an inspection, right to a summary statement of just compensation, right
to receive up to $500.00 for the sellers costs for its own appraisal;
2) Business Relocation - moving costs for self move or professional mover,
reestablishment costs up to $10,000.00, search costs up to $1,000.00, a payment in
lieu of actual moving costs not to exceed $20,000.00, advisory and claim preparation
services, comparable property referral services, miscellaneous moving and related
costs including but not limited to printing costs, planning costs and other professional
service costs and actual direct loss of tangible personal property;
3) Homeowner Relocation - actual moving costs or fixed move costs based on the
number of rooms of personal property, mortgage interest differential payment if the
new mortgage has a higher interest rate than the existing rate, housing replacement
payment that compensates for replacement property increased costs for purchase or
rent if a move to rental property is elected and payment of miscellaneous closing costs
for the existing and replacement property. The seller further acknowledges the URA
provides for various notices including a general information notice, a notice of
relocation eligibility and a 90 day notice.
The Seller acknowledges that in addition to those monetary benefits mentioned above that
total relocation payments could include up to $175,000.00 or more for this specific move for business
and homeowner relocation benefits. This amount is arrived at as follows:
1) Business relocation claim - $1,000.00 search cost, $10,000.00 reestablishment costs,
$100,000.00 moving costs and $20,000.00 miscellaneous actual moving costs for
phone reconnection, printing, planning, professional services, etc.
0 2) Homeowner relocation claims - actual moving costs of $5,000.00, mortgage
• differential payment of $5,000.00, housing replacement payment of $20,000.00 and
miscellaneous moving and relocation costs of $10,000.00. The total of all business
and homeowner relocation costs have been rounded to $175,000.00. This amount is
an estimate of what these benefits could be under certain circumstances. The seller
acknowledges that they are aware of their rights as stated above, and has consulted
with and has been advised by Larry Martin, an attorney acting as his own independent
counsel. The seller hereby acknowledges that the City has retained a property
acquisition and relocation consultant, Kirk A. Schnitker, who is available to the seller
for purposes of discussing relocation issues including URA relocation assistance
services, payments and benefits. The seller acknowledges that he may call and consult
with Professional Redevelopment Resources, Inca at 1- 800 -553 -2092 for purposes of
discussing all URA issues.
The Seller hereby elects to waive certain URA relocation assistance, services, payments and
benefits and does so under no duress or threat. The Seller acknowledges that this waiver is not made
under arty threat of condemnation or acquisition by eminent domain, that this waiver is made with full
knowledge of any legal rights granted under the URA or Minnesota statutes. The Seller agrees to
sell the subject property to the City on a voluntary basis and the seller initiated acquisition discussions
involving the subject property. The seller acknowledges that the purchase price and related property
terms shall be acceptable consideration for the waiver contained herein.
•
Gary Wetherell
Mary Ann Wetherell
r
•
Parks, Recreation & Community Education
900 Harrington Street SW
Hutchinson, MN 55350 -3097
320 - 587- 2975/Faa 320 - 2344243
TO: Mayor and City Council
FROM: Chuck Wedin, PRCE Youth Programmer
DATE: May 7, 1998
RE: "Mighty Kids" grant
The Hutchinson Parks, Recreation and Community Education Department is
applying for a Minnesota Amateur Sports Commission "Mighty Kids" grant for the
5 and 6 th grade tackle football program. The grant will replace helmets and
• shoulder pads and increase inventory for this growing program. Last fall 60
helmets were taken out of service because they did not meet the NOCSAE safety
standard.
The PRCE is seeking a $4,000 matching grant, which will not affect the City
budget. The matching requirement is received from service clubs and team
sponsorships.
The local government applicant is required to execute a resolution that authorizes
filing of the application and execution of final agreements with the Minnesota
Amateur Sports Commission.
U
r
Printed on wcycicd paper-
• RESOLUTION NO. 11011
WHEREAS, the Minnesota Amateur Sports Commission (MASQ, via the
State General Fund, provides funds to assist political subdivisions of the
state of Minnesota for the development of youth sports and recreation
programs, and
WHEREAS, The City of Hutchinson, Parks, Recreation, & Community
Education Department desires to purchase helmets and shoulder pads
to replace older, unsafe equipment for the 5` & 6 ' grade youth tackle
football program.
NOW, THEREFORE BE IT RESOLVED BY THE Mayor and City Council
of the City of Hutchinson, Minnesota:
1. Estimates that the total cost of developing said program shall
be $6,000 and the City of Hutchinson PRCE Department is
. requesting $4,000 from the State General Fund.
2. That the Hutchinson PRCE Youth Programmer is authorized
and directed to execute said application and serve as the
official liaison with the Minnesota Amateur Sports
Commission.
Adopted by the City Council this 12` day of May 1998.
Marlin Torgerson
Mayor
ATTEST:
Gary D. Plotz
City Administrator
J ,qq
Parks, Recreation & Community Education
To: Mayor and City Council
900 Harrington Street SW
Hutehin m hIN 55350 -3097
320 - 587- 2975/Fax 320 - 2344243
From: Mary Haugen, Facilities and Operations Manager
Re: Civic Arena, "Mighty Ducks" grant
Date: May 7, 1998
The Minnesota legislature recently enacted legislation extending the "Mighty
Ducks" ice arena grant program. Historically there have been two different types
of grant programs available - renovation and new construction grants. In 1996,
Hutchinson Civic Arena received a $50,000. grant that went toward lighting
improvements, dehumidification and ceiling improvements. We are now in a
i position to be eligible for a $250,000. new construction grant.
We are seeking your permission to apply for this funding. The first step in the
grant application process is the consideration by the local governing authority of a
resolution supporting and providing background details about the project. The
timeline of the grant would seem to coincide with that of our proposed ice arena
addition. The project would likely have to be completed by the end of 1999.
The Minnesota Amateur Sports Commission board will evaluate each application
and will make final determinations on the following basis:
1. Demonstrated ability of applicant to perform
2. Demonstration of partnerships
3. Demonstrated need based on past participation
Based on these criteria, Hutchinson would seem to be in a position to receive a
fairly high rating. These grants are competitive in nature meaning that our
application will be judged along with others, with the highest rated applicants
receiving funding. We are asking for your consideration to proceed with the grant
application and request that you pass the attached resolution.
•
t—(!
Vnnied on recycled paper-
0 RESOLUTION NO. 11012
WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the State
General Fund, provides for capital funds to assist political subdivisions of the
state of Minnesota for the development of sport facilities, and
WHEREAS, the City of Hutchinson desires to construct and develop an indoor
refrigerated ice rink at the Hutchinson Civic Arena for the sports of girls and
boys hockey and figure skating,
NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the
city of Hutchinson, Minnesota :
1. Estimates that the total cost of developing said facility shall be
$1,500,000. and the City of Hutchinson is requesting $250,000. from the
State General Fund and will assume responsibility for the remainder of
the project in the amount of $1,250,000.
2. The City of Hutchinson agrees to own, assume 100 percent of the
operation costs for said sport facility, and will operate said facility for its
intended purpose for the functional life of the facility which is estimated to
• be 50 years.
3. The City Council of the City of Hutchinson Minnesota, agrees to enter
into necessary and required agreements with the Minnesota Amateur
Sports Commission for the specific purpose of constructing a sport facility
and long- term program direction.
4. That an application be made to the State of Minnesota, Minnesota
Amateur Sports Commission, to be included in the Minnesota Amateur
Sports Commission's (Governor's) Capital Budget request for an amount
presently estimated to be $2,000,000.
--5. Thatthe - Parks and Recreation Department's Facilities and Operations
Manager is authorized and directed to execute said application and serve
as the official liaison with the Minnesota Amateur Sports Commission.
Adopted by the City Council this 12th day of May, 1998.
ATTEST:
Mayor
i
Gary D. Plotz
City Administrator
L?
Memo
TO: Mayor and City Council
From Jean Ward, HRA Executive Director
Dat« 05/06/98
Re: Amendment to Adams Street Small Cities Rehabilitation Project Procedural Guide
On Tuesday, April 21, 1998, the HRA Board reviewed and recommended approval of the following
amendment to the Adams Street Rehab Procedural Guide:
A cap or maximum rehabilitation cost for a single family home in the amount of $35,000.
The current procedural guide has a rehab limit of $30,000. However, the last two homes that have
been bid out, though structurally sound, have had total rehab costs in excess of $30,000. Therefore,
based on HRA recommendation, we request your consideration and approval of amending the
procedural guide to cap the use of SCDP funds at $35,000. For your information, Bill Atkins from
DTED did not have any objections to such an amendment and stated that a procedural amendment
may be approved k)caly.
LJ
• Page 1
t—,;
C
r�
Hutchinson Citv Center
Ill Hassan Street SE
Hutchinson, NtN 55350 -2522
320 - 587- 5151/Fax 320 - 2344240
19 _ _J
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering/Public Works
Randy DeVries, Director of Water/Wastewater Operations
RE: Consideration of Proposal for Consulting Services for Feasibility Report on South Area
Trunk Sanitary and Storm Sewer Improvements
DATE: May 6, 1998
Rust Environment & Infrastructure has previously developed our Comprehensive Sanitary Sewer Plan.
The Plan notes how certain areas of the City will be provided with sanitary sewer, and estimates how much
this will cost. Based on the current, proposed and/or expected growth in the south and south -east portions
of the City it has been determined that a portion of this system (with a preliminary estimate of
approximately S3 million) should be constructed over a 2 year period (1999 and 2000). Funding would
come from the Sewer Fund (about' /. of the cost, repaid from SAC charges) and from improvement bonds.
This development includes:
♦ Future development south of Schmidtbauers AdditionNillage Cooperative (Hoememann Estate)
♦ Future service to South Jefferson Street
♦ TH 15 south corridor development (from Airport Road to Target site, east & west side of TH 15)
♦ Pending and potential development west of the Fairgrounds (including Century Avenue, Dale Street
and South Grade Road improvements)
♦ Continued development in the SW area of the City (Lakewood/Bridgewater/Island View Heights)
requires additional capacity
These proposed, pending or future developments can not proceed without construction of additionall trunk
sanitary sewer and storm sewer improvements. These improvements would include construction of a lift
station and a crossing of the Crow River near the Wastewater plant, and construction of 27- 36" diameter
sanitary sewer lines from the lift station to TH 15 in 1999. The project would also include trunk storm
sewer construction from the Crow River to the east side of Jefferson Street in 1999. In 2000 21- 24"
diameter sanitary sewer would be construction from TH 15 to Dale Street. Please note that easement
acquistion, annexation and/or substantial development planning will be requiredwith this project. Rust will
have a proposal for the Council meeting to develop a Feasibility Report for these projects, based on
discussions with us.
Due to expansion of service needs in this area, we recommend approving Proposal for consulting
services.
cc: Cal Rice
file: Comprehensive Sanitary Sewer.
—h-7
Pnntod on recycled puper-
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
•
DAVID B ARNOLD'
STEVEN A. ANDERSON
G BARRY ANDERSON`
LAURA K. FRETLAND
PAUL D DOVE"
JANE VAN VALKENBURG
RICHARD G MCGEE
CATHRYN D REHER
WALTER P MICHELS, III
JAMES UTLEY
ALSO ADMITTED IN TEXAS AND NEW YORK
Mr. Gary D. Plotz
Hutchinson City Administrator
111 Hassen Street S.E.
Hutchinson, MN 55350
(612) 389 -2214
FAX (612) 389 5506
METRO LINE (612) 545 -6018
RESIDENT ATTORNEY
STEVEN A ANDERSON
May 6, 1998
Re: City of Hutchinson / Customer Service Issues (Triax Cablevision)
Dear Gary:
1AY R 1998
CM; �)F flu C::.iVSpN
OF COUNSEL
ARTHUR L. DOTEN
5881 CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 55416
(612) 545-9000
FAX (612) 545 -1793
101 PARK PLACE
HUTCHINSON. MINNESOTA 55350
(320) 587 -7575
FAX (3201 5874096
I'm enclosing herewith for your information a copy of correspondence from Robert J.V. Vose dated
April 24, 1998 and the Customer Service Obligations and Standards which I asked Bernick's Office to
• prepare. I would ask that you place discussion of this matter on the City Council Agenda at our first
regularly scheduled meeting in May.
As you know, the deadline for completion of the fiber backed system has now expired and Triax is in
apparent violation of the requirements of the franchise. This should also be an Agenda item for
discussion at the first meeting in May.
I think we should treat the Customer Service Standards in so far as the first meeting in May is
concerned, as a first reading of the Ordinance because the only changes will be matters of form relative
to putting it in our standard format. I will see that task is completed prior to the second meeting in May
when the Customer Service Standards will be formerly adopted.
Enclosed is a copy of my correspondence to Attorney Jane Bremer which is self - explanatory.
Should you have any questions regarding any of these matters, please do not hesitate to contact me.
Thank you. Best regards.
Very truly yours,
ARNOLD, ANDERSON & DOVE P.L.L.P.
BCZ�ti h7�����
G. Barry Anderr
Attorney at La `
• GBA:In / Enclosures
ATTORNEYS AT LAW
501 SOUTH FOURTH STREET
PRINCETON. MINNESOTA 55371 -2005
- CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION I f ��
'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
ARNOLD. ANDERSON & DOVE
PFD�FS_'On <l LIMITED LIABIIITV Ig NINCRSIIIP
ATTORNEYS AT LAW
Ms. Jane Bremer
Larkin, Hoffman Law Firm
7900 Xerxes Avenue South
Suite 1500
Bloomington, MN 55431-1194
0
III-793 W091,T:TiI
OF COUNSEL
ARTHUR DOTEN
5881 CEDAR LAKE ROAD
MINNEAPOLIS MINNESOTA 55416
,612, 545 -9000
FAX 16121 5451793
101 PARK PLACE
HUTCHINSON MINNESOTA 55350
13201 587.7575
FAX 13201587 -4096
Sent via Facsimile & U.S. A1ail
(611) 896 -3179
Triax (Hutchinson)
It is my understanding that Triax has failed to complete the rebuild required under the Franchise
• Agreement with the City in a timely manner and has not complied with the deadlines provided in the
Franchise Agreement. Unfortunately, the City Council was busy with other matters on April 28 and
was unable to get to this particular item. I expected to be on the City Council Agenda for the City
Council's next regularly scheduled meeting which will be the second Tuesday in May. The above is
for your information.
I continue to receive complaints about billing errors, inability of your client's personnel to answer the
telephone, non - responsive answers to questions and the like. At least one council member has related
to me that he, personally, had the experience of attempting to contact Triax and after an extended
period on hold and another occasion with no answer, he simply gave up. I also continue to receive
complaints from residents about appropriate credits on their bill. As a result of these problems, as you
know, the City has moved in the direction of adopting Customer Service Standards and I believe
Bernick and Lifson, P.A., were going to be in touch with you on that issue.
If you have any questions regarding any of these matters, please do not hesitate to contact me. Thank
you. Best regards.
Very truly yours,
ARNOLD, ANDERSON & DOVE P.L.L.P.
c'y �� -Etc CC1.2ct.1���
G. Barry Ander n
• Attorney at Law
GBA:ln
- CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
501 SOUTH FOURTH STREET
DAVID ARNOLD
PRINCETON MINNESOTA 55371-2005
STEVEN A ANDERSON
G BARRY ANOERSI,N'
16121 389 -2214
LAURA K FRETLAND
FAX 1612 3895506
PAUL D DOVE"
METRO LINE 1612 545 6018
JANE VAN VALKENBURG
RICHARD G MCGEE
RESIDENT ATTORNEY
CATHRYN D REHER
WALTER P MICHELS. III
STEVEN A ANDERSON
JAMES UTLEY
Respond to the Hutchinson Office
ALSO ADMITTEO IN TEXAS nnO NEA'OPK
May 6, 1998
Ms. Jane Bremer
Larkin, Hoffman Law Firm
7900 Xerxes Avenue South
Suite 1500
Bloomington, MN 55431-1194
0
III-793 W091,T:TiI
OF COUNSEL
ARTHUR DOTEN
5881 CEDAR LAKE ROAD
MINNEAPOLIS MINNESOTA 55416
,612, 545 -9000
FAX 16121 5451793
101 PARK PLACE
HUTCHINSON MINNESOTA 55350
13201 587.7575
FAX 13201587 -4096
Sent via Facsimile & U.S. A1ail
(611) 896 -3179
Triax (Hutchinson)
It is my understanding that Triax has failed to complete the rebuild required under the Franchise
• Agreement with the City in a timely manner and has not complied with the deadlines provided in the
Franchise Agreement. Unfortunately, the City Council was busy with other matters on April 28 and
was unable to get to this particular item. I expected to be on the City Council Agenda for the City
Council's next regularly scheduled meeting which will be the second Tuesday in May. The above is
for your information.
I continue to receive complaints about billing errors, inability of your client's personnel to answer the
telephone, non - responsive answers to questions and the like. At least one council member has related
to me that he, personally, had the experience of attempting to contact Triax and after an extended
period on hold and another occasion with no answer, he simply gave up. I also continue to receive
complaints from residents about appropriate credits on their bill. As a result of these problems, as you
know, the City has moved in the direction of adopting Customer Service Standards and I believe
Bernick and Lifson, P.A., were going to be in touch with you on that issue.
If you have any questions regarding any of these matters, please do not hesitate to contact me. Thank
you. Best regards.
Very truly yours,
ARNOLD, ANDERSON & DOVE P.L.L.P.
c'y �� -Etc CC1.2ct.1���
G. Barry Ander n
• Attorney at Law
GBA:ln
- CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
I '
LJ
•
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
DAVID B, ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON'
LAURA K- FRETLAND
PAUL D -DOVE
JANE VAN VALKENBURG
RICHARD G. McGEE
CATHRYN D. REHER
WALTER P. MICHELS. III
JAMES UTLEY
ATTORNEYS AT LAW
l01 PARK PLACE
HUTCHINSON. MINNESOTA 55350 -2563
'ALSO ADMITTED IN TEXAS AND NEW YORK
Mr. Gary D. Plotz
Hutchinson City Center
111 Hassan Street SE
Hutchinson, Mn. 55350
Re: Cable Issues
Our File No. 3244 -92054
Dear Gary:
(320) 5877575
FAX (320) 567 -4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
May 5, 1998
,MAY h 1998
CITI JF HUTCHINSON
OF COUNSEL
ARTHUR L. DOTEN
Seal CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
FAX 16121 5451793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(61 2) 359 -221 4
FAX 161 21 389 -5505
Enclosed please find a copy of the 'official" facsimile transmission from Attorney Vose giving notice to our
office and to opposing counsel that the City will be considering customer service standards at Its first
regularly scheduled meeting May. Please make certain this is on the agenda and include this
correspondence and a copy of the proposed standards and the letter from Mr. Vose.
I do want to bring to the Council's attention that I have heard nothing from Larkin, Hoffman regarding the
status of the rebuild efforts which, according to Council, were to have been completed no later than April 28,
1998.
I assume we will hear something by the first meeting in May.
Thank you. Best regards.
Very truly yours,
& DOVE, PLLP
G. BhAj
GBA:jm
enc.
•
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
04 -30 -1996 10:16
, I 1
u
NEAL J. SHAPERO
SAUL A. BERNICK'
TYOMAY O. CREIOMTON
SGOTT A. LIPSON
OAVIO K, NIGHTINGALE*
PAUL J. QUAST'
ROBERT J. V. VOSE
WILLIAM B. POREEE.01
7 facsimile to 320 -587 -40% and U.S. Mail
Mr. G. Barry Anderson, Esq.
Arnold, Anderson & Dove
101 Park Place
Hutchinson, MN 55350 -2563
April 30, 1998
Re: City of Hutchinson; Customer Service issues
��
?AI-AO A514 T 13 IN WI%CCN$
-A CEIITIPi EG PUBLIC ACCOUNTANT
'ALyp AGMIHED IN FWRIW
LEGAL ASSISTANT
MATHRYN c. MASTERMwN
Dear Barry:
Enclosed please find draft customer service standards as requested by the City. The City may adopt and enforce
these customer service standards with respect to Triax, Pursuant to Section 76.309(x) of the FCC's rules, the City
most provide Triax with ninety (90) days written notice of Its intent to enforce the following standards. 47 C.F.R.
§ 76.309(a). Further, to the extent any of the following rules exceed or are different from the FCC's customer
• service standards, the City must enact and enforce them as a consumer protection ordinance. 47 C.F.R.
§ 76.309(b)(3).
Although Triax is specifically authorized pursuant to the FCC's rules to agree to enforcement l of the
standards contained herein, we expect that such agreement will not be forthcoming. Accordingly, recommend
that the standards be enacted as a City Ordinance. We recommend that this be a separate ordinance and not an
express amendment to the Franchise (Ord. 95 -131). The customer service standards ordinance should, however,
supersede the Franchise to the extent inconsistent. We leave the mechanics of such Ordinates enactment to local
counsel's discretion and are prepared to provide any assistance requested in this regard.
By copy of this Memorandum I request that Ms. Bremer provide me with any comments or questions on behalf
of Trim Triax will, of course, have further opportunity to participate and comment publicly as these standards
proceed through the ordinance adoption process.
Please do not hesitate to contact me with any questions.
Yours truly,
BERNICK AND LIFSON, P.A.
f&vt�1�V?I-e�
Robert J. V. Vose
• Enclosure
cc: Ms. Jane E. Bremer, Attorney at Law (wfene.)
Mr. Thomas D. Creighton, Attorney at Law (w lent.) CACAELE\1iUTLHINMCU3T- 3HX.L01
t
6125461003
BERNICK & LIF50N
BERNICK AND LIFSON
A PBOFlkS111110MAL ASSOCIATION
ATTORNEYa AT LAW
SUITE ISOO, THE OOLONNAOE
5900 WAYZATA ■OUL[ ^RO
MINNSAPOLIO. MINNCEOTA mfAla -12VO
TELEPHONE (Silk) 600 -1000
r.4.E IMILO ISO' uB -loef
04 -30 -1998 10:17
•
•
I. Dd bdtions
6125461003
BERNICK & LIFSON
P.02
A. ' Normal business hours - The term "normal business hours" means those hours
during which most businesses in the community are open to serve customers. In all cases, "normal
business hours" must include some evening hours at least one night per week and some weekend
hours.
B. " Nonnal opcwing cond -itions ' - The term "normal operating conditions" means those
service conditions which are within the control of the cable operator. Those conditions which are not
within the control of the cable operator include, but are not limited to, natural disasters, civil
disturbances, power outages, telephone network outages, and severe or unusual weather conditions.
Those conditions which are within the control of the cable operator include, but are not limited to,
special promotions, pay -per -view events, rate increases, regular peak or seasonal demand periods,
and maintenance or upgrade of the cable system.
C. " Ser v ice 'n P uion - The term "service intemtption" means any loss of picture or
sound an one or more cable channels for longer than a momentary period.
II- Cable system office hours, telephone availability, and general customer responsiveness
A. Telephone A3Lq1jability - The cable operator will maintain a local, toll -free or collect
call telephone access line which will be available to its subscribers 24 hours a day, seven days a
week. The cable operator will ensure that: (1)Trained company representatives are available to
respond to customer telephone inquiries during normal business hours, and; (2) after normal business
hours, the access line will be answered by a service or an automated response system such as an
answering machine or voice mail. Further, inquiries received after normal business hours must be
responded to by a trained company representative on the next business day.
B. Telephone Answer Time - Under normal operating conditions, telephone answer time
by a customer representative, including wait time, shall not exceed thirty (30) seconds when the
connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30)
seconds. These standards shall be met no less than ninety (90) percent of the time under normal
operating conditions, measured on a quarterly basis.
C. Rosy SSienalc - Under normal operating conditions, the customer will receive a busy
signal less than three (3) percent of the time.
D. Local Office - Customer service center and bill payment locations will be open at
least during normal business hours and will be conveniently located at a location in the City.
E. Comp] e ance - In the event subscriber complaints received by the City, or reported to
• the City by the cable operator as required herein, demonstrate a clear failure to comply with these
customer responsiveness requirements in City's sole discretion, the operator may be required to
r C -�.
e4 -30 -1998 10:17 6125461003 BERNICK 8 LIF80N P.03
. perform quarterly surveys of customers to measure compliance with these requirements. The cable
operator shall be required to survey a statistically significant number of subscribers and make
inquiries regarding compliance with these requirements. The nature and substance of the inquiries
shall be reviewed and approved by City prior to conducting each survey. The results of such surveys
shall be provided to City via a written and certified report within 5 days after conduct of such survey.
F. Burden of Proof In the event of a dispute between the City and the cable operator
regarding compliance with these requirements, the cable operator shall have the burden for
demonstrating compliance.
III. Installations, outages and service calla
A. InarallrLtion_ Outage e and Service Calls - Under normal operating conditions, each of
the following four standards will be met no Ices then tunety five (95) percent of the time measured
on a quarterly basis: (1) standard installations will bo performed within seven ( business days after
an order has been placed; (2) Excluding conditions beyond the control of the operator, the cable
operator will begin working on service interruptions promptly and in no event later than 24 hours
after the interruption becomes known. The cable operator must begin actions to correct other service
problems the next business day after notification of the service problem; (3) The "appointment
window" alternatives for installations, service calls, and other installation activities will be either a
specific time or, at maximum, a four -hour time block during normal business hours. However, the
• operator may schedule service calls and other installation activities outside of normal business hours
but only at the request of and for the express convenience of the customer; (4) An operator may not
cancel an appointment with a customer after the close of business on the business day prior to the
scheduled appointment; (5) If a cable operator representative is running late for an appointment with
a customer and will not be able to keep the appointment as scheduled, the operator will contact the
customer via telephone at the appointed location and at the appointed time. The appointment will
be rescheduled, as necessary, at a time which is convenient for the customer.
B. C liar - In the event subscriber complaints received by the City, or reported to
the City by the cable operator as required herein, demonstrate a clear failure to comply with these
customer service, installation and outage responsiveness requiremonU in City's sole discretion, the
operator may be required to perform quarterly surveys of customers to measure compliance with
these requirements. The cable operator shall be required to survey a statistically significant number
of subscribers and make inquiries regarding compliance with these requirements. The nature and
substance of the inquiries shall be reviewed and approved by City prior to conducting each survey,
The results of such surveys shall be provided to City via a written and certified report within 5 days
after conduct of such survey.
C. Burden of Proof - In the event of a dispute between the City and the cable operator
regarding compliance with these requirements, the cable operator shall have the burden for
demonstrating compliance.
0
04 -30 -1998 10:16 6125481003 BERNICK B LIFSON P.04
. M Communications between cable operator and cable subscribers
A. Notifications to subscribers - The cable operator shall provide written information
on each of the following areas at the time of installation of service, at least annually to all
subscribers, and at any time upon request: (1) A list of the products and services offered; (2) A list
of the prices and options for pro gramming services; (3) A complete copy of the terms and conditions
regarding subscription to pro gramming and other services, and regarding service disconnection, bill
payment obligations including any administrative or late charges which may accrue, and all other
material conditions defining the agreement between the operator and subscribers; (4) A complete
copy of installation and service maintenance policies; (5) Instructions on how to use the cable
service; (6) A list of the channel positions for programming carried on the system; and, (n A
detailed statement regarding billing and complaint procedures, including the address and telephone
number of the cable operator W the City Administrator.
Customers must be notified of any changes in rates, programming services, channel
positions, or any signifi changes in the information required to be provided in the paragraph
above as soon as possible in writing. Notice must be given to subscribers a minimum of thirty (30)
days in advance of such changes if the change is within the control of the cable operator.
Notwithstanding, a cable operator shall not be required to provide prior notice of any rate change that
is the result of a regulatory fee, franchise fee, or any other fee, tax, assessment, or charge of any kind
imposed by any Federal agency, State, or franchising authority on the transaction between the
• operator and the subscriber.
B, frilling - Bills must be clew, concise and understandable. Bills must be fully
itemized, with itemizations including, but not limited to, basic and premium service charges and
equipment charges. Bills will also clearly delineate all activity during the billing period, including
optional charges, rebates and credits. In case of a billing dispute, the cable operator must respond
to a written complaint from a subscriber within 30 days.
C. Reftinds - Refund checks will be issued promptly, but no later than either: (1) The
customer's next billing cycle following resolution of the request or thirty (30) days, whichever is
earlier, or; (2) The return of the equipment supplied by the cable operator if service is terminated.
D. QMdita - Credits for service will be issued no later than the customer's next billing
cycle following the determination that a credit is warranted.
V. Late Fees
Fees for the late payment of bills shall not accrue until fifteen (15) days after the service has
been fully provided and the bill remains unpaid (typically 45 days after initial billing). Such fees
shall not exceed the cable operator's actual and demonstrable costs associated with collection of late
payments in the City, excluding attempts to recover bad debt and any related legal actions. The City
may require the cable operator to annually demonstrate its actual costs related to late payments and
40 may require modification of the late fee charge in order to ensure compliance with this requirement.
04 -30 -1998 10:19 6125461003 BBRNICK 8 LIF50N P.05
•
VI. Complaints
The cable operator shall prepare and maintain complete written records of all complaints
received and the resolution of such complaints, including the date of resolution of such complaints.
Such written records shall be on file at the office of the cable operator. The cable operator shall
provide the City with a written summary of all complaints received and their resolution on a
quarterly basis. City may direct the form and the substance of such quarterly reports.
VI. Violations
Any violation of these r'equir'ements shall constitute a violation of the City's Cable Franchise
Ordinance, Ord. 95 -131, and shall subject the cable operator to all remedies, penalties, and sanctions
provided for therein.
•
0
INTER
OFFICE MEMO
Date: May 12, 1998
To: Mayor & City Council
From: Marilyn J. Swanson, Administrative Secretary
Following a conversation with the City Attorney regarding Bonkers Discount Cigarettes store, I sent
the attached letter to inform them they needed to apply for a City tobacco license.
To date, I have not been contacted by this new business regarding a license from the City.
I am requesting that the City Council take whatever legal action the City Attorney recommends
regarding this matter. At the present Bonkers is operating in non - compliance with the City
ordinance.
Attachment
cc: G. Barry Anderson, City Attorney
(Copy FAXed 5/12/98)
q A,
C
May 6, 1998
Bonkers
Attn: Manager
1115 Hwy. 7 West
Hutchinson, MN 55350
Dear Sir:
Hutchinson City Center
Ill Hassan Street SE
Hutchimom MN 55350.2522 •
320-587-5151/Fax 3242344240
In the April 26, 1998 edition of the Hutchinson Shopper, I noticed the advertisement of
Bonkers grand opening.
Since your store specializes in the sale of tobacco products, the purpose of this letter is to
inform you that the City of Hutchinson has an ordinance that requires anyone selling
tobacco products within the municipality to obtain a City license. Enclosed is a copy of
the City's recently amended tobacco ordinance. Also enclosed is an application form.
The annual license fee is currently $50.00; however, the fee will increase to $150.00 •
effective January 1, 1999.
The consequence of Bonkers' failure to apply for and obtain a City tobacco license
immediately will result in appropriate legal penalties.
If you have any questions, please feel free to contact me by phone at City Center
(234 - 4202).
Sincerely,
CITY OF HUTCH
°yam
Marilyn J. Swanson
Administrative Secretary
cc: G. Barry Anderson, City Attorney
Gary D. Plotz, City Administrator
Mayor & City Council
Enc.
0
q— / r
Nim.d. rcyd d p p r -
L7 -HOLD COUNCIL REPORT
12- MAY- 1998page I
-
1980 TIDS
-' _
ARNOLD & MCDOWELL
---------------------------------------
SERVICES THRU 4 /21- SOLITPA
$750.00
< *>
$750.00*
IMPROV. BDS
FIRSTAR BANK OF MINNESOTA
INTEREST PAYMENT
$155,250.00
< >
$155,250.00*
1997 IMPR. COAST
WM MUELLER & SONS
L7/97 EST #3
$61,213.25
< >
$61,213.25*
CENTRAL GARAGE
ASPEN EQUIPMENT CO
SHARPEN BLADES, BOLT, NUT
$112.62
BRANDON TIRE CO
TIRES, MOUNT /DISMNT, STEMS
$179.79
CARQUEST AUTO PARTS
BELTS, FILTERS
$508.40
CITY OF HUTCHINSON
MAY MEDICAL
$432.09
COAST TO COAST
BROOM HOLDER
$49.92
CROW RIVER AUTO
LABOR, PARTS
$126.34
CROW RIVER GLASS
SIDELITE
$205.88
FORTIS BENEFITS
MAY LTD
$21.19
G & K SERVICES
_
TOWELS
$112.05
GENERAL OFFICE PRODUCTS CO
INDEX CARDS
$1.04
HUTCHINSON LEADER
VEHICLE REPORTS
$379.85
HUTCHINSON WHOLESALE
HOSE, ADAPT
$284.35
INTERSTATE BATTERIES
SALES TAX INV #128430
$60.97
MN MUTUAL LIFE
MAY LIFE
$7.14
PLOWMANS
REPLACE WATERPUMP
$100.00
RUNNING'S SUPPLY
CALC
$13.82
SNAP ON TOOLS CORP
WRENCH, PLIERS, SOCKETS
886.62
TOWN & COUNTRY TIRE
LABOR
$155.21
US POSTAL SERVICE
APRIL POSTAGE
514.08
WELDING SYSTEMS INC
ALLOY ELTRD
$109.31
< >
$2,960.67*
GENERAL FUND
A -1 BIKE SHOP
BIKE PURCHASE
$148.04
AAGARD WEST
MAY SERVICE
$1,633.91
ADCETERA
NEWSLETTER DESIGN & LAYOUT
$550.00
AM.WELDING SUPPLIES
WELDING SUPPLIES
$14.86
AMCON BLOCK
HOLNAM PORTLAND CEMENT
$14.36
•
ARNOLD & MCDOWELL
APRIL COMPENSATION
$7,066.00
BAUERLY BROS INC.
EXTERIOR SLAB, REROD
$496.20
BEACON BALLFIELDS
TURFACE MVP 50#
$560.37
BENNETT OFFICE SUP.
SERVICE CONTRACT
$166.92
BRINKMAN STUDIO
SLIDE FILM
$16.93
BRYAN ROCK PRODUCTS
RED BALL DIAMOND AGG
$3,963.13
CARQUEST AUTO PARTS
TRAILER CONN
$14.55
CARR FLOWERS
PLANT -BILL MATTSFIELD
$61.67
CDT OFFICE PRODUCTS LTD
CARTRIDGE
$939.40
CENTRAL GARAGE
APRIL REPAIRS
$16,140.33
CHAMPION AUTO
ADAPTOR, WIRE HARNESS
$23.42
CHAMPLAIN PLANNING PRESS
RENEWAL
$176.00
CITY OF HUTCHINSON
WEST RIVER CAMP FEES
$42,938.06
CLAREYS SAFETY EQUIP
SAFETY DEVICE KIT
$80.50
COAST TO COAST
FLAG, PARTS
$703.47
CROW RIVER PRESS INC
NEWSLETTER PRINTING
$1,686.80
CZMOWSKI, CHAD
BIKE BONANZA
$26.25
DAAK REFRIGERATION
REPAIR POPCORN MACHINE
$165.09
DEPT NATURAL RESOURCES
DNR FEES TO STATE
$1,850.00
DICKE, DEEANN
REFUND -CLASS CANCELLED
$8.00
ECOLAB PEST ELIM
APRIL SERVICE
$22.37
ERICSSON, TOBIAS
YOUTH SOCCER COACH
$91.50
EVESLAGE, JOE
BIKE BONANZA
$26.25
FORTIS BENEFITS
MAY LTD
$1,662.09
G & K SERVICES
UNIFORMS
$773.46
GENERAL OFFICE PRODUCTS
MARKERS
$106.56
GOVT TRAINING SEA
REGISTRATION -LARRY HUHN
$421.00
GROUNDS MAINTENANCE SERVICES
GROUND MAINT WORKSHOP
$70.00
HAGER JEWELRY
REPAIR BADGE
$4.00
HANSKA BUSINESS ASSOCIATION
SR TOUR
$260.00
HCVN-TV
CABLE FRANCHISE PYMT
$4,593.72
HEALTH SERVICES OF NORTH AMERI
TESTING THRU 3/31/98
$460.24
HEMMAH, KATHY
REIMB -VEGE SEEDS
$7.46
HIGGINBOTHAM, RUTH
BULDING ATTENDANT
$50.00
HILLYARD FLOOR CARE /HUTCHINSON
MOP, TISSUE, PLUNGER
$1,198.61
HOME BAKERY INC
ROLLS
$9.60
r 1
LJ
X9 / ,
OPEN -HOLD COUNCIL REPORT
12- MAY- 199Bpage 2
- --' - --------------------------- - - --
GENERAL FUND HR DIRECT
'
LAW POSTERS
-_----_--------
$8.95
- - --
HUTCH COOP CENEX
TURF GRASS
$99.50
HUTCH FIRE & SAFETY
EXTING RECHARGE, HYDRO TEST
$66.43
HUTCH PLBG & HTG CO
LABOR, PARTS- REPAIR LEAK
$120.68
•
HUTCH SPORT SHOP
SHOE PURCHASE
$265.72
HUTCHINSON AREA HEALTH CARE
VACCINATIONS
$60.00
HUTCHINSON JAYCEES
1996 WATER CARNIVAL DONATION
$2,000.00
HUTCHINSON LEADER
ADV
$2,437.21
HUTCHINSON TEL CO
MAY SERVICE
$5,475.96
HUTCHINSON UTILITIES
150 W BULBS
$5,048.41
HUTCHINSON WHOLESALE
POWER OU
$162.73
IN THE SWIM
PH /ORP SENSOR
$107.90
JERABEK MACHINE SERV
SQ TUBE
$54.31
KLOSS, TOM
REIMB -MEALS
$35.81
KRUEGER, BONNIE
REFUND TREE APPLICATION
$15.00
KRUSE, DELORNA
SR TOUR REFUND
$30.00
L & P SUPPLY CO
ROPE, LABOR
$101.25
LAP-AWAY ROOFING INC
LANDSCAPING SUPPLIES
$233.24
LASER GRAPHICS
MAGNET
$665.72
LEAGUE OF MN CITIES
CLAIM PAID -KYLE JOHNSON
$4,599.06
LENNES, RICHARD
APRIL COMPENSATION
$2,527.83
LEVY, NORITA
REIMB GERANIUMS
$48.00
MADSON, STEVEN
REIMB- MEALS, LODGING, PARK
$486.02
MANKATO MOBILE RADIO
VISAR
$87.01
MARKA, JAMES
REIMB- MEALS
$20.11
MCGARVEY COFFEE INC
COFFEE
$35.63
MCLEOD COUNTY TREASURER
1ST HALF TAXES
$1,592.66
MDRA
STATE HWY MAPS
$80.00
MESSNER, KEITH
REIMB -STEEL TOE BOOTS
$60.00
MID -MN HOT MIX INC
A WEAR
$238.91
MINNCOMM PAGING
MAY SERVICE
$32.27
MINNEAPOLIS CARDIOLOGY ASSOC
CONSULT LEVEL 3
$93.02
MINNESOTA COUNSELING CENTER
PSYCH EVALUATION
$225.00
MN ELEVATOR INC.
APRIL ELEVATOR SERVICE
$71.02
MN MUTUAL LIFE
MAY COBRA- LIFE -BENTZ
$554.62
MORE 4
DINNER
$324.49
MR. MOVIES
VIDEO RENTAL
$5.98
MURPHY, VALERIE
REFUND -CLASS CANCELLED
$10.00
NICKLASSON ATHLETIC CO
VOLLEYBALL NETS, PITCH RUBBER
$451.64
NO STATES SUPPLY INC
CABLE TIES
$223.11
NORA WOMEN'S SOCIETY
DINNER FOR 29 PEOPLE
$217.50
NORTH STAR TURF
TURF MIXTURE
$3,422.38
•
OLSON, JOHN
REIMB - BUILDING MATERIALS
$796.52
ON CUE
GIFT CERTIFICATE
$100.00
OTTO, LYLA
REFUND- CANCEL FROM DRIVING
$41.00
PEARCE, JESSICA
BIKE BONANZA
$15.75
PLOTZ, GARY D.
REIMB -MEALS
$51.68
POPP ELECTRICAL INC
BALLAST, LABOR
$299.51
PRIEVE LANDSCAPING
REMAINING BALANCE
$2,078.00
QUADE ELECTRIC
ADDITIONAL PAYMENT
$39.61
R & T SPECIALTY
INTERNET T'S
$319.14
RIDER BENNETT EGAN & ARUNDEL
PROFESS SERV -THRU MARCH
$58.00
RIEBE SOD CO
8 ROLLS SOD
$23.43
RONALD JOHNSON CONSULTANT
1998 UPDATES, SUPPORT, MAINT
$500.00
ROTO ROOTER
CLEAN LINE
$85.00
RUNNING'S SUPPLY
TAPE, ETC.
$448.69
SANKEN, JOHN
REFUND AIRPORT FUEL DEPOSIT
$25.00
SHOUTZ, DORIE
BIKE BONANZA CONCESSIONS
$25.50
SHRED -IT
SHREDDING SERVICES
$49.95
SR.CENTER ADVISORY BD
REIMB POSTAGE
$160.00
STANDARD PRINTING
DIVIDERS
$1.47
STAR TRIBUNE
PAPER THRU 8/26/98
$26.00
TELEVISION EQUIPMENT
HEADSET
$2,605.00
TEMPLETON INC
ER CONTRIB FEB -APRIL
$879.20
TEPLY, TODD
MIDDLE SCHOOL DANCE
$400.00
TRI CO WATER COND
SALT DELIVERY
$69.33
TRY -CYCLE
REIMB- CONDITIONAL USE PERMIT
$150.00
TWO WAY COMM INC
NIMIT 650
$74.55
UNITED BLDG CENTERS
RETURN TREATED PLYWOOD
$54.72
US POSTAL SERVICE
APRIL POSTAGE
$1,159.92
US WEST COMMON
MAY SERVICE
$654.70
VIKING OFFICE PRODUCTS
LABELS
$45.86
W.D. COOLING CLINIC
RADIATOR, LABOR
$248.90
WAL -MART
INST FILM
$188.61
WM MUELLER & SONS
BLACKTOP
$207.98
XEROX
CARTRIDGE
$479.75
•
,OPEN -HOLD COUNCIL REPORT
12- MAY- 1998page 3
GENERAL FUND
YORK INTERNATIONAL CORP
HOURS, MILEAGE
$656.00
< *'
$134,615.17*
O ITAL
BONDS
FIRSTAR BANK OF MINNESOTA
PAYING AGENT FEES
$272.00
< *'
$272.00*
OUSING REDEV
PLAMANN &, STEVE
BUILDING MATERIALS
$600.00
<*'
$600.00*
3UTCH COMM DEV.0
CITY OF HUTCHINSON
MAY MEDICAL
$432.09
FORTIS BENEFITS
MAY LTD
$17.38
GENERAL OFFICE PRODUCTS
AVE92264
$3.50
HUTCHINSON TEL CO
INTERNET 20
$274.92
MN MUTUAL LIFE
MAY LIFE
$5.25
MORE 4
OPERATING SUPPLIES
$20.28
SHOPKO
MINTS, CARDS
$19.91
US POSTAL SERVICE
APRIL POSTAGE _
$192.69
< *'
$966.02*
HUTCH TRANS FAC.
CITY OF HUTCHINSON
APRIL WATER SERVICE
$230.94
COAST TO COAST
CLEANING SUPPLIES
$27.81
DM2 SOFTWARE
SERVICE
$30.00
G & K SERVICES
MATS, MOPS
$297.90
HUTCH COOP CENEX
UNLEADED GAS
$6,837.79
HUTCHINSON TEL CO
MAY SERVICE
$319.33
HUTCHINSON UTILITIES
APRIL GAS & ELEC
$2,211.00
HUTCHINSON WHOLESALE
HOSE, FUEL LINE
$13.75
MCGARVEY COFFEE INC
COFFEE
$35.63
MCLEOD COUNTY TREASURER
1ST HALF TAXES
$6,940.45
US POSTAL SERVICE
APRIL POSTAGE
$1.28
WITTE SANITATION
APRIL SERVICE
$58.21
< *'
$17,004.09*
LIQUOR STORE
AAGARD WEST
MAY SERVICES
$46.80
•
AMERIPRIDE LINEN & APPAREL
BERNICKS PEPSI COLA
APRIL DELIVERIES
APRIL BEER PURCHASE
$142.49
$583.15
CDI OFFICE PRODUCTS LTD
APRIL PURCHASES
$156.24
CITY OF HUTCHINSON
LOTTERY PAYMENT
$1,487.47
COAST TO COAST
SEALANT
$6.38
ED PHILLIPS & SONS CO.
APRIL WINE PURCHASE
$2,937.73
EL QUEENO CIGAR CO
MAY MISC PURCHASE
$55.35
FORTIS BENEFITS
MAY LTD
$58.07
GRIGGS & COOPER TOBACCO DIV
APRIL MISC PURCHASE
$224.27
GRIGGS COOPER & CO
APRIL LIQUOR PURCHASE
$2,556.61
HENRYS FOODS INC
APRIL PURCHASES
$1,886.73
HERMEL WHOLESALE
APRIL PURCHASES
$569.65
HUTCHINSON LEADER
APRIL ADS
$172.21
HUTCHINSON TEL CO
MAY ADV
$133.52
HUTCHINSON UTILITIES
APRIL GAS & ELEC
$827.89
JOHNSON BROTHERS LIQUOR CO.
APRIL WINE PURCHASE
$8,972.95
JORDON BEVERAGE INC.
APRIL BEER PURCHASE
$186.90
LENNEMAN BEVERAGE DIST. INC
APRIL BEER PURCHASE
$2,188.70
LOCHER BROS INC
APRIL BEER PURCHASE
$13,794.32
LUNDHOLM, LORI
CLEAN WINDOWS
$42.60
MN MUTUAL LIFE
MAY LIFE
$18.06
MORE 4
FOOD, PICTURES
$101.03
PEART & ASSOCIATES
CAMERA, INSTALL
$843.79
QUALITY WINE & SPIRITS CO.
APRIL LIQUOR CREDIT
$2,528.48
ST. CLOUD RESTAURANT SUPPLY
APRIL SUPPLIES
$287.62
TOTAL REGISTER INC
SOFTWARE UPDATE
$105.97
TRI CO WATER COND
BOTTLED WATER
$42.18
TRIPLE G DISTRIBUTING INC
APRIL BEER PURCHASE
$18,471.35
US POSTAL SERVICE
APRIL POSTAGE
$64.64
VIKING COCA COLA
APRIL POP PURCHASES
$484.10
WINE COMPANY, THE
APRIL WINE PURCHASE
$522.65
*'
$60,499.90*
PAYROLL FUND
AETNA VARIABLE LIFE ASS. CO.
EE CONTRIB 5/2
$575.00
AMERICAN FAMILY INS CO.
EE CONTRIB 5/2
$27.88
GREAT WEST LIFE INS. CO.
EE CONTRIB 5/2
$100.00
r
OPEN -HOLD COUNCIL REPORT
PAYROLL FUND
c *>
H.R.L.A.P.R.
EE
CONTRIB
5/2
ICMA RETIREMENT TRUST
BE
CONTRIB
5/2
PERA LIFE INS CO.
EE
CONTRIB
5/2
PERA- D.C.P.
EE
CONTRIS
5/2
PRUDENTIAL
EE
CONTRIB
5/2
PRUDENTIAL MUTUAL FUNDS
EE
CONTRIB
5/2
PUBLIC EMPLOYEES
EE
CONTRIB
5/2
TEMPLETON INC
EE
CONTRIB
5/2
WADELL & REED
EE
CONTRIB
5/2
12- MAY- 1998page 4
$170.08
$3,496.17
$124
$52
$180
$30
$16,878
$480
$150
$22,263
42 •
02
00
00
19
20
00
96*
RURAL F. D.
CITY OF HUTCHINSON
APRIL FUEL
$122.90
< *>
$122.90*
SCDP 97 Hsg
Reh ASBESTOS ABATEMENT SPECIALISTS
SIDING REMOVAL
$1,700.00
CUMMINGHAMS PAINTING
PAINTING
$835.00
HOLMQUIST LUMBER
WINDOWS & CHIMNEY
$3,178.54
HOLTZ CONSTRUCTION
WINDOWS & SIDING _
$7,005.00
ROD PORTELE ELECTRIC
ELECTRICAL WORK
$3,721.70
RUTZ PLBG & HTG
PLUMBING WORK
$3,525.95
< *>
$19,966.19*
WATER /SEWER
FUND AAGARD WEST
APRIL PICKUP SERVICE
$29,466.07
BERG - JOHNSON ASSOC
PH SENSOR
$302.34
BUSINESSWARE SOLUTIONS
LABOR CHARGE
$35.00
CDI OFFICE PRODUCTS LTD
CLIPBOARD
$467.82
CENTRAL GARAGE
APRIL REPAIRS
$1,332.94
CITY OF HUTCHINSON
APRIL FUEL
$5,267.20
COAST TO COAST
UPS
$171.00
CULLIGAN WATER COND
UNIT RENTAL
$14.00
DEVRIES, RANDY
REIMB -2 AIRLINE TICKETS
$332.00
FARMERS ELEVATOR ASSN
WEIGHING
$30.00
FORTIS BENEFITS
MAY LTD
$228.34
G & K SERVICES
UNIFORMS
$465.82
HUTCH COOP CENEX
LP GAS
$7.20
HUTCHINSON LEADER
HW & DEMO
$1,639.19
HUTCHINSON TEL CO
MAY SERVICE
$930.38
HUTCHINSON UTILITIES
APRIL GAS & ELEC
$21,507.26
HUTCHINSON WHOLESALE
BRAKE FLUID, BELTS
$42.93
IMPERIAL PORTA THRONES
APRIL UNIT RENTAL
$52.72
INFRATECH
LID EXTRACTOR
$371.49
JEFF'S ELECTRIC
MATERIALS, LABOR
$86.15
JOHNSON CONTROLS INC
COUPLERS
$238.72
LEAGUE OF MN CITIES
REGISTRATION
$250.00
METTLER TOLEDO INC
LABOR ELEC TOPLOADER
$232.00
MINNEAPOLIS CARDIOLOGY ASSOC
CONSULT LEVEL 3
$93.03
MN MUTUAL LIFE
MAY LIFE
$74.97
MN VALLEY TESTING LAB
WATER TESTS
$222.00
NCL
LAB SUPPLIES
$9.59
PIZZA HUT
PIZZAS
$35.99
RUNNING'S SUPPLY
RUBBER BOOTS
$78.26
SAFETY FIRST
SAFETY TRAINING #5
$300.00
SCHRAMM IMPLEMENT
TOOTH, BOLT
$1,409.13
SERV -O -CAL
RECIRDER CHARTS
$247.00
STAR TRIBUNE
SUN -SAT ADS
$278.25
STRUCTURAL SPECIALTIES
L6/98 EST #1
$44,662.92
TOSHIBA ELECTRONIC IMAGING
FAX MACHINE, INSTALL
$948.30
TRI CO WATER COND
SALT
$16.29
US FILTER /WATERPRO
TOUCH PAD
$588.58
US POSTAL SERVICE
APRIL POSTAGE
$1,165.39
USA WASTE SERVICES INC
LOADS 4/20 THRU 4/30
$11,020.29
WAL -MART
SHELF LINERS
$6.29
WATER ENVIRONMENT FED
MEMBERSHIP RENEWAL
$82.00
< *>
$124,708.85*
$601,193.00*
0
IMMEDIATE PAY COUNCIL REPORT
ENERGY LOAN FD BETKER, MARK
CH COMM DEV.0 ARNOLD & MCDOWELL
MCLEOD COUNTY TITLE
12- MAY- 199Bpage 1
-----------------------------------------
REIMB APRIL LOAN PYMT
$373.03
O RAL
FUND
CITY OF WHITE BEAR LAKE
3 REGISTRATIONS FOR SEMINAR
DEPT NATURAL RESOURCES
GOV FINANCE OFFICERS ASSC
$1,695.00
HANSKA BUSINESS ASSOCIATION
CAFR APPLICATION 1997 REPORT
MCLEOD COUNTY RECORDER
MCLEOD COUNTY TREASURER
$440.00
PRIEVE LANDSCAPING
ADDITIONAL CHARGES
$15.00
HOUSING REDEV
MACKEDANZ, SUE
$239.00
CH COMM DEV.0 ARNOLD & MCDOWELL
MCLEOD COUNTY TITLE
12- MAY- 199Bpage 1
-----------------------------------------
REIMB APRIL LOAN PYMT
$373.03
$373.03*
3 REGISTRATIONS FOR SEMINAR
$675.00
DNR REG FEES
$1,695.00
CAFR APPLICATION 1997 REPORT
$480.00
SR. TOUR
$440.00
ADDITIONAL CHARGES
$15.00
CONDITIONAL USE PERMIT
$239.00
ADVANCE ON TREES
$4,000.00
$7,544.00*
REHAB LOAN PROGRAM
$4,845.00
$4,845.00*
SERVICES RENDERED - ALLIED PROP
$212.50
LAND PURCHASE
$57,775.01
_
$57,987.51*
LIQUOR STORE CITY OF HUTCHINSON - GENERAL FUN PAYROLL 4 -10 -98 $15,520.49
SCDP 97 Hsg Reh GRASAVAGE, BILL
WATER /SEWER FUND UW- EXTENSION
WASTEEXPO '98
< *>
WIRE TRANSFERS
PAYROLL FUND Withholding Taxes
MN Dept of Revenue
$15,520.49*
ADMINISTRATION & CONSULTING $121.58
$121.58*
REG -DOUG JOHNSON $375.00
REG- G.PLOTZ $175.00
$550.00*
$86,941.61*
$33,481.91
6,671.85
r1
LJ
I
LJ
5
TO: Mayor and Council
Hutchinson Fire Department
205 Third Avenue SE
Hutchinson, .WIN 55350 -2673
320 - 587- 2506/Fax 320 - 234 -4469
FROM: Brad Emans, Fire Chief
MONTHLY CITY COUNCIL UPDATE
April, 1998
0
i s
The fire department responded to 27 calls for service in March.
Breakdown of the City calls:
6 - Commercial/Industrial
3 - Multi Family
1 - Vehicle
1 - Carbon Monoxide
1 - Goodwill
1 - Grass
Breakdown of the Rural calls:
1 - Residential
6 - Rescue
3 - Grass
2 - Medical
1 - Haz Mat
1 - Vehicle
Drills /Meetings for the month:
✓ SCBA Maintenance
✓ Department business meeting
✓ 3M Tour (North Building)
✓ General Firefighting: Pumper/Tanker operation /Ladder Truck Work/Rescue Tools
✓ Officer Meeting: Review of the 1" four months/ Planning for rest of the year
Few of the more interesting calls:
✓ A lost four year old boy — April 9
✓ Large CRP land fire — April 30
✓ Haz Mat spill Easton Hwy 7—April 30
I..
KIFIREICCUPDATE.
Printed on recycled pnpet-
HUTCHINSON SAFETY COUNCIL
The Hutchinson Safety Council met on Monday, March 30 at 12 noon in the Elk's Lodge.
Members present were: June Wick, Dick I- rggins, Craig Johnson, Myron Johnson, Frank Murphy,
Leslie Smith, Lucille Smith, Loretta Pishney, Dave Conrad and Vi Viesselman. Guests were Tom
Kloss and John Olson.
The meeting was conducted by President Dick Higgins. The minutes from the February meeting
were approved.
John Olson, the Assistant Public Works Director, gave a report on the side walk situation in
Hutchinson at this time.
CURRENT POLICIES:
Residential lots less that 60 feet in width require sidewalks.
City policy is that there be sidewalks on both sides of arterial streets and one side of collector
streets. (Subject to funding)
The City currently pays for sidewalk construction.
PROPOSED POLICIES:
The City will require high- density residential development to construct sidewalk on at least one
side of the street.
The city will require commercial development to provide pedestrian and bicycle assess.
The city will require developers to fund sidewalks, and pedestrian and bicycle accesses.
POLICIES FOR RETROFITTING:
Voluntary extensions: Encourage property owners to link with existing pedestrianibike routes.
Voluntary connections. Encourage property owners to provide for pass - through pedestrian and
bicycle traffic linking with adjacent properties.
John also discussed avenues of funding and the advent of bituminous surface for sidewalks. John
will be representing the City Public Works department on the Safety Council.
Lucille reported that Casey Stotts would like help with the fair booth and any member who had
interest and could help should contact him.
The date of the Bike/Blade Safety Day is May 2. Frank reported that Jerry Tews of the VFW had
received materials for the event from Norm Bohn. Myron Johnson said that support services from
the American Legion were also in place. Craig Johnson made a motion that the Council contribute
$150 to the Bike/Blade Safety Program. This motion was passed.
Craig Johnson, who has been appointed to the Minnesota Motorcycle Safety Advisory Board,
reported on the Motorcycle Safety program that is being run through Community Education.
Dave Conrad announced that the Hutchinson School Patrol has received and Outstanding
Achievement Award from the Minnesota Safety Council.
There being no further Business, the meeting was adjourned.
The next meeting will be April 27, 1998 in the Elk's Lodge.
6
R J +1 3 . E
la AY d 1998
. May 1, 1998
Triax Cablevision
Regional Manager
P.O. Box 110
Waseca, MN 56093
Gentlemen:
CIT) . 1-w i u,H,NSON
FOR YOUR INFORMATION!
Early last evening I disconnected the cable service from my television, and connected to a new Direct TV
Satellite Dish. You may or may not be interested in my reasons for doing this. It can be summed up in one
word; Service.
I relocated to Hutchinson in July, 1997. I rent a house at 281 3rd Ave. N.W. When I moved in I noticed that
the house was wired for cable television service. When I contacted your sales office to subscribe, I was
surprised and dismayed to fmd that it would be almost a week until a serviceman could come out to the house,
climb a telephone pole, and make the connection. I questioned why they couldn't just activate the service
from the office like the provider had done at my previous residence.
I was really upset to find that I had very few options regarding the service packages. Although not being able
to order "pay per view" specials was not a priority to me, it may be to others. My major concern was that I
could not get ESPN2, no matter how much I was willing to pay. I told the person that this would become a
big deal in the Spring of 1998, and requested her to note and pass along the request to add this channel to the
service options.
For a few months I included a note requesting that ESPN2 be considered for addition to the service options
with every payment. I never got a response to any of these requests.
Your company, and the cable TV industry in general, spends a significant sum of money in advertising and
printed media expounding the virtues of "cable" over "satellite" service. Some of the arguments presented
are valid from a certain point of view. I simply decided that I'd rather have ESPN2 than the network service
out of the Twin Cities, and the local access stations. You want the consumer to make the choice, and I made
it. My point is that the local service is long overdue for an upgrade to a fully addressable system
offering varied options and pay per view access. Possibly some of the advertising funds could be diverted
to equipment upgrade consistent with the rest of the industry. Quality service will also help retain customers,
and actually may do more than propaganda fliers inserted in the monthly statements.
Sinc �n
4ely,
. b10 -9 T- �B 4
Gerald R. Bell
Former Customer
cc: City of Hutchinson
Cable TV Franchise Authority MN0078
111 Hassen Street S.E.
Hutchinson, MN 55350
- TR IAX
v rCABLEVISION
April 30, 1998
Phone: 507 -835 -5992, Fax: 507 -835 -4567
0
Mayor Marlin Torgerson
City of Hutchinson
111 Hassan St. SE
Hutchinson, MN 55350 -2522
Dear Mayor:
FOR YOUR INFORMATION
1504 2nd St. S.E., P.O. Box 110, Waseca, MN 56093
SAY d 1998
C1TF OF HUTCHASON
Effective June 1, 1998, Triax Cablevision is adjusting rates for Basic and Expanded Services as
outlined on the attached notification letter which has been mailed to all customers.
During the past year, we have made several changes to our operations designed to improve the
quality of service we provide our customers. These changes have included the installation of new
telephone technology, the expansion of our staff, and the dedication and commitment to the
improvement of our technical field services. In addition, we recently completed the system -wide
rebuild project which included the installation of fiber optic technology. Future announcements
will be made in the near future on new and exciting services Triax Cablevision will launch this
summer.
While no rate adjustment is ever received favorably, these changes are necessary in order for us to
continue to improve the level of service our customers deserve. As with any business, this change
also reflects an adjustment for inflation, increases in programming expenses and other operating
costs such as; insurance, vehicle maintenance, leases, and other regulatory requirements.
Mayor, on behalf of the entire Triax Cablevision team of employees for appreciate the opportunity
to provide service to the City of Hutchinson. Should you have any questions regarding this
information, please feel free to contact me at any time at (507) 835 -5992.
Sincce
44 4 '� rely,
Paul R. Pecora
Regional Manager
•
TRIAX
mr.ABLEVISION
April 28, 1998
Sales and Billing: 1- 800 - 332 -0245
Dear Valued Customer
1504 2nd St. S.E., P.O. Box 110, Waseca, MN 56093
Hutchinson
During the past year, we have worked diligently to provide you with quality service and
programming options. In addition, we have focused on our operations, adding new features to
enhance our telephone system, as well as increasing the size of our customer service staff. We
also recognize the need to continue these efforts during 1998 as part of our commitment to you,
our valued customer. During the last two months, we have introduced new billing periods
designed to increase our operational efficiency.
Effective June 1, 1998, we are restructuring our rates. The new monthly rate for Basic Service
will be adjusted to $9.33 from $8.75, an increase of $.58 per month. The rate for Tier Service will
be adjusted to $17.05 from $16.64, an increase of $.41 per month. This change reflects the
ellmination of the 'Copyright Fee' line item on your billing statement.
While we realize no rate increase is ever favorable, this change reflects an inflationary
adjustment, increases in programming expenses and other operating costs such as; insurance,
vehicle maintenance, leases, and other regulatory requirements. These new rates will allow us to
continue to improve the quality of service and programming we provide to you, as well as remain
competitive in an ever - changing telecommunications industry.
In dosing, we would like to thank you for choosing us to be your entertainment provider, and we
look forward to meeting your needs in the future. If you have any suggestions on how we can
serve you better, please send you comments to my attention at Tdax Cablevision, P.O. Box 110,
Waseca, MN, 56093. You may also send comments to: Hutchinson, C/O Gary Plotz, 111 Hassen
St SE, Hutchinson, MN 55350.
Sincerely,
Paul R. Pecora
Regional Manager
New Construction for 1998
46 New Construction Starts
Norwest Bank 710,000
Cinema 7 Movie Theater 1,116,313
Casey's General Store
Target
Applebee's Grill & Bar 700,000
5 Eight Plex Apartments. Century Court
30 Unit Apartment P/easantAcres
Quality Home Improvements 90,000
Heintz Floor Covering 160,320
Stearnswood Storage Building 139,000
Mailboxes Etc. � ?
• Cottage Homesteads. 8 Four Plex Condos
6 Eight Plex Condos
Hennen Furniture
40 to 50 New Homes/Twin Homes
Additions and Expansions
3M North Plant Addition. 30,000 Sq. Ft
3M Heat Soak Room Remodel 125,000
Crow River Press Expansion
Kahle's Furniture Expansion 310,000
Hutchinson Manufacturing Expansion 506,000
3D CNC Expansion
Fahey Sales Agency Remodel 140,000
O p Hospital HVAC Remodel 166,000
Super 8 Hotel Expansion ?
F
Ir %ti
Bavarian Haus
0
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FOR YOUR INFORMATION
Wmaneal now Posoowp
Property
Address
owner(s)
Name
CoMpl eted
Wd6M Offer
Dow
Canted
Accepted
Ciaekp
Ode
Coff"Nots
NoWed of
trlarest
Apptelal
Cormplets
Pft Offer
Interview
Forma
Package
Dole
Amount
1166126 Onterld Eft
BanddadaNaan
x
x
26JSn
yes
1a-Feb
$ e6.000
23 -Feb
1MW
CLOWGD aeae 10
116 Huron Street
Richard Cadson
x
x
me
yes
18Feb
$ 57,5W
21-Feb
27-Mar
CLOSED - VACANT
336 Onleric Street
Scott Hanson
x
x
2"n
18-Fab
3 57
23 -Feb
13-AAr
CLABFD -reuM bw July 71
OOMW Third Ave.
Kurt 6 PeM RlacNni6x
x
x
27-Jan
yes
19-Fab
7 67,6011
11-Mar
0L01tED-vaear1t J 16
121 Flat Avenue
HonyfikMer
x
x
29-Jan
2e -Feb
S 60.000
16*W
CLOSED48Md Aug 1
616 Thkd Avenue
Gros Strom
x
x
30 an
yes
I Web
S 30,000
23 -Feb
2
CLOSED- vaeant Ju a 30
135 Ontano Street
Zepp Bank era D Naritk0
0"
TrsteeW Schram
x
x
Phone
yes
25 -Feb
i 42 .000
5-Mar
2PW
CLOEEDAP000nf by Judy 17
126 Huron Street
RNnhudtlR Quad
x
x
2
2
S 16,aa6
CLOSED-vauat 1
116 Era Street
Tom 6 Terri Goldschmidt
x
x
27Jan
11 -Aar
S 7e 5DO
1
CLOSED -vemml 1
630 Second AvMUa
Bra116Yktora Klabunde
x
z
29-Jan
yes
16-Feb
S KSW
27-Fab
1
to abed
126 Ede Strad
Blommer
x
z
one
a" 54
S 53,000
to 00
516 Second Sired
Dwaine Lufze
x
x
2Fl -Jan
unwe
103 Erie Strad
Pu nbeklEddnm
x
x
laraure
226 Huron Shed
NMM Besae6
x
x
urwae
168 Third A" NE
Norman W
x
x
&5
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re eddeftwm
an6 e
196 Third Ave. NE
Lorraine W ht
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x
Sl6
SAM
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eddetlax+we
Camnpwdal Std Aoqulakbn Raport
Total $ Wboo
Coved - g
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Property
Adtgess
on1er(s)
Name
Completed
Mow Oiler
DMe
Contract
Closing
Ode
Conrrwxt
No66ed of
int erest
A "5111
Conviefte
Pre4Dft
Iraervlarr
Fems
IJafe
F Bales
F
x
x
10-Fab
yes
1B-Fa0
21 -Fab
1
CLOSEDwscmd 1
Chamber of Can.
Ownber of Commerce
x
x
hone
Im
2nd
mm Skns Lumber
Simonson
x
x
18-Feb
2nd
Post-It' brand lax Irarlsmiltal memo 7871
a a Pegn .
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0
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0
CITY OF HUTCHINSON
LIQUOR STORE COMPARISON
APRIL
1997
CITY OF
HUTCHINSON
APRIL
TOTAL
LIQUOR STORE COMPARISON
LIQUOR
BEER
WINE
MISC.
TOTAL
BY WEEK
Apr -98
- - - - - --
-- - - - ---
- - - - - --
- - - - - --
- - - - - -- -- -- - - --
1
1,509
2,013
484
148
4,154
TOTAL
2
1,415
1,567
457
267
3,706
LIQUOR
BEER
WINE
MISC.
TOTAL BY WEER
3
1,870
2,982
563
391
5,806
-- - -- - --
- - - - - --
-- - - - - --
- - - - - --
- - - - - --
- - - - - -- -- - - - - --
4
2,929
4,947
1,077
344
9,297
1
1,589
2,184
507
198
4,478
5
2,977
4,959
1,283
577
9,796
2
2,406
3,198
961
251
6,816
32,759
3
3,348
6,081
1,111
436
10,976
7
1,287
1,873
398
95
3,653
4
3,176
6,261
1,333
604
11,374
8
1,599
2,038
420
217
4,274
33,644
9
1,601
2,019
624
102
4,346
6
1,156
2,642
736
280
4,816
10
2,298
2,700
800
135
5,933
7
1,824
2,652
678
198
5,352
11
3,217
5,051
1,752
311
10,331
8
1,756
3,155
702
246
5,859
12
3,381
6,139
1,361
437
11,318
9
2,487
4,232
1,334
359
8,412
39,855
10
3,912
6,268
1,811
469
12,460
14
1,523
2,314
584
1,306
5,727
11
3,862
8,802
3,027
568
16,259
15
1,368
2,028
537
109
4,042
53,158
18
1,174
2,190
385
110
3,859
13
1,208
2,153
378
154
3,893
17
2,212
3,345
614
277
6,448
14
1,101
1,828
206
104
3,239
18
3,180
5,711
1,138
412
10,441
15
1,771
2,560
517
271
5,119
19
3,309
6,496
1,098
453
11,356
16
1,973
2,9oo
451
252
5,576
41,873
17
3,194
6,806
1,159
440
11,599
21
1,270
1,834
404
112
3,620
18
2,991
6,426
1,126
539
11,082
22
1,185
2,255
311
205
3,956
40,508
23
1,383
2,438
685
190
4,696
20
1,491
2,702
499
181
4,873
24
1,636
3,114
514
289
5,553
21
1,741
2,440
509
179
4,869
25
2,824
6,801
1,012
471
11,108
22
1,800
2,953
574
283
5,610
26
3,541
5,742
976
532
10,791
2
2,047
4 „583
680
264
7,574
39,724
24
3,563
7,037
935
589
12,124
28
1,792
2,883
353
227
5,255
25
3,492
6,289
1,038
481
11,300
29
1,457
2,293
843
149
4,742
46,350
30
1,476
2,396
553
384
4,609
27
1,455
2,545
445
246
4,691
14,8W
28
1,325
3,284
485
262
5,356
TOTAL
53,413
88,128
19,226
8,250
169,017
29
1,710
3,209
681
253
5,853
30
1,798
4,877
922
356
7,953
96 TOTALS
51,430
90,822
21,336
6,144
169,732
23,853
% OF SALE
32
52
11
5
100
58,178
108,067
22,805
8,463
197,513
SALES INC
OR DEC
(715)
(0)%
97 TOTAL
53,413
88,128
19,226
8,250
169,017
%OF SALE
29
55
12
4
100
SALES INC OR DEC
28,496
17 %
