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cp04-14-1998 c• s
APRIL
SUNDAY
MONDAY
TUESDAY
77
1998
-12-
-13-
-14-
9:00 a.m. — Management Team in
HUTCHINSON
1:00 p.m. — HATS Joint Powers
Main Conf. Room
CITY
EASTER
Board Meeting at HATS
Facility
CALENDAR
2:00 p.m. — Open Bids at City
Center for Demolition of Old
WEEK OF
Wastewater Plant
April 12 to April 18
5:30 p.m. — Light Traffic Advisory
5:30 p.m. - City Council Meeting
Board Meeting in City Center
in City Council Chambers
Main Conference Room
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
-15-
-16-
-17-
-18-
CONFERENCE /SEMINAR/
10:00 a.m. - Employee Safety
7:00 a.m. — Economic Development
VACATION
Committee Meeting
Authority Meeting at
in City Center Library
City Center
4/13 Mark Hensen (V)
Conference Room
4/16 -17 John Rodeberg (M)
C =Conference
M = Meeting
S = Seminar
T = Training
V = Vacation
AGENDA
REGULAR MEETING - HUTCHINSON CITY COUNCIL
• TUESDAY, APRIL 14, 1998
2. INVOCATION - Rev. Michael Wuehler, Vineyard United Methodist Church
�n.Iy
MINUTES OF REGULAR MEETING OF MARCH 24, 1998
Motion to approve as presented
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
BUILDING OFFICIAL'S REPORT - MARCH 1998
2. LIBRARY BOARD MINUTES OF MARCH 23, 1998
(b) RESOLUTIONS AND ORDINANCES
• 1. ORDINANCE NO. 98 -220 — AN ORDINANCE REPEALING EXISTING
SECTION 6.21 OF THE HUTCHINSON CITY CODE ENTITLED
"TOBACCO" BY REPEALING EXISTING SECTION 6.21 AND
ADOPTING SUBSTITUTE LANGUAGE AND ADOPTING BY
REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
(SECOND READING AND ADOPT)
2. ORDINANCE NO. 98 -221 — AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, AMENDING CITY CODE CHAPTER 6
ENTITLED "OTHER BUSINESS REGULATIONS AND LICENSING" BY
ADDING SECTION 6.44 ENTITLED "DANCES" AND BY ADOPTING
BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
(SECOND READING AND ADOPT)
3. RESOLUTION NO. 11001 — DESIGNATION OF ADDITIONAL
DEPOSITORY OF CITY FUNDS
(c) APPOINTMENTS TO LIBRARY BOARD
➢ LOIS CARLSON (SECOND TERM)
➢ RICHARD PETERSON (SECOND TERM)
(d) USE PERMIT FOR PORTION OF PARKING LOT AT SECOND AVENUE SE
AND HASSAN STREET SE ON MAY 16, 1998 (8:00 A.M. TO 12:00 NOON) BY
• HUTCHINSON GARDEN CLUB FOR ANNUAL PLANT SALE
CITY COUNCIL AGENDA — APRIL 14, 1998
(e) OUT -OF- COUNTRY TRAVEL FOR POLICE CHIEF TO ATTEND
CONFERENCE IN WINNIPEG, MANITOBA
(t) TRANSFER OF SECURITIES FOR FAHEY SALES AGENCY LOAN
TRANSACTION
(g) Hi T HINSON JAY ... WATER CA RNIVA L REQUESTS /ACTIVITIES:
➢ PERMIT FOR CARNIVAL MIDWAY SHOW
➢ CLOSE STREETS
➢ PARADE PERMIT FOR KIDDIE DAY PARADE
➢ PARDE PERMIT FOR GRANDE DAY PARADE
➢ PERMIT FOR CONCESSION STAND
➢ PERMIT FOR WATER CARNIVAL, "OUTDOOR DANCE"
➢ PERMIT FOR WATER CARNIVAL DANCE
➢ PERMIT FOR FIREWORKS DISPLAY
➢ ON -SALE NON - INTOXICATING MALT LIQUOR LICENSE
➢ PERMIT FOR SET -UPS AT WATER CARNIVAL DANCE
➢ WAIVER OF FEES AND RENTAL COSTS FOR WATER CARNIVAL
Action - Motion to approve consent agenda
�jll:lq COB: I : ; ► '
(a) LETTING NO. 3, PROJECT NO. 97-30,98-04,98-05, 98-06,98-07, 98 -08, 98 -09,
98 -10 (1998 STREET AND SIDEWALK IMPROVEMENTS) •
Action - Motion to close hearing - Motion to reject - Motion to approve and adopt
Resolutions No. 10997 & No. 10998
(b) LETTING NO. 5, PROJECT NO. 98-14 (BLOCK 50 ALLEY IMPROVEMENTS)
Action — Motion to close hearing — Motion to reject — Motion to approve and adopt
Resolutions No. 10999 & No. 11000
(a) DISCUSSION OF SURFACE WATER MANAGEMENT UTILITY BY ROBERT
OBERMEYER OF BARR ENGINEERING COMPANY
Action —
(b) PETITION TO REINSTATE ORIGINAL ELEVATIONS EXISTING PRIOR TO
ANNEXATION ON OTTER STREET SW
Action -
L AI9 lei M 9 1 DI 1 ► •
Ll
2
CITY COUNCIL AGENDA — APRIL 14, 1998
8. NEW
BUSINESS
(a)
CONSIDERATION OF ACCEPTING BID FOR AWARDING CONTRACT FOR
DEMOLITION OF OLD WASTEWATER PLANT (LETTING NO. 6, PROJECT
NO. 98-16)
Action — Motion to reject — Motion to approve bid and award contract
(b)
CONSIDERATIONS FOR INDUSTRIAL PARK DEVELOPMENT:
1. DONATION OF SEVEN ACRES OF LAND BY RONALD MCGRAW
2. PURCHASE OF TWO ACRE PARCEL OWNED BY LEONARD MILLER
3. PURCHASE OF 1.06 ACRE PARCEL OWNED BY ALLIED
PROPERTIES OF HUTCHINSON
4. RESOLUTION NO. 11002 TO PROVIDE FUNDING FOR COSTS
INVOLVED FOR INDUSTRIAL PARK DEVELOPMENT
Action — Motion to reject — Motion to approve and enter into agreement and adopt
Resolution No. 11002
(c)
CONSIDERATION OF REQUEST FROM AUGUSTA BUILDING
CORPORATION TO REMOVE LAND FOR CENTURY COURT APARTMENTS
II FROM TIF DISTRICT
•
Action — Motion to reject — Motion to approve
(d)
CONSIDERATION OF ESTABLISHING DATE FOR SPECIAL CITY COUNCIL
WORKSHOP ON APRIL 28, 1998 AT 7:00 A.M.
Action— Motion to reject— Motion to approve
(e)
CONSIDERATION OF LEASE AGREEMENT BETWEEN ABBYCO AND
HUTCHINSON AREA HEALTH CARE, INC. TO RENT SPACE FOR HOSPITAL
HOSPICE PROGRAM
Action — Motion to reject — Motion to approve lease agreement
9. MISCEL.L.ANEOUS
(a) COMMUNICATIONS
10. CLAIMS, APPROPRIATIONS ND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
Action - Motion to approve and authorize payment from appropriate funds
i 1 1: ►lu ►Y 1
11
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
• TUESDAY, MARCH 24, 1998
Vice President Mlinar called the meeting to order at 5:30 p.m. Present: Vice President John
Mlinar, Council Members Kay Peterson and Don Erickson. Absent: Mayor Marlin
Torgerson and Council Member Jeff Haag. Also present: City Administrator Gary D. Plotz,
City Engineer John Rodeberg and City Attorney G. Barry Anderson.
2. Pastor Tim Caspers gave the invocation.
3. MENUTES
The minutes of the regular meeting of March 10, 1998 and bid opening minutes of March
23, 1998 were approved as presented.
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. FINANCIALMWESTMENT REPORT - FEBRUARY 1998
2. PLANNING COMMISSION MINUTES OF FEBRUARY 17, 1998
3. LIGHT TRAFFIC ADVISORY BOARD MINUTES OF MARCH 9, 1998
• 4. AIRPORT COMMISSION MINUTES OF FEBRUARY 23, 1998
(b) RESOLUTIONS AND ORDINANCES
1. ORDINANCE NO. 98 -221 — AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, AMENDING CITY CODE CHAPTER 6
ENTITLED "OTHER BUSINESS REGULATIONS AND LICENSING" BY
ADDING SECTION 6.44 ENTITLED "DANCES" AND BY ADOPTING
BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
(FIRST READING AND SET SECOND READING FOR APRIL 14, 1998)
2. RESOLUTION NO. 10993 — ACCEPTING PLEDGED SECURITIES FROM
MARQUETTE BANK, HUTCHINSON, MN
3. RESOLUTIONS RECEIVING REPORTS AND CALLING FOR HEARING ON
IMPROVEMENT(S):
• RESOLUTION NO. 10994 — LETTING NO. 3, PROJECT NOS. 97 -30,
98 -04, 98 -05, 98 -06, 98 -07, 98 -08, 98 -09, 98 -10
• RESOLUTION NO. 10995 - LETTING NO. 5, PROJECT NO. 98 -14
(c) SHORT -TERM GAMBLING LICENSE FOR MCLEOD COUNTY WOMEN'S
D.U., CHAPTER 261, ON MAY 15, 1998
(d) REQUEST FOR EXTENSION OF VARIANCE FOR SIX MONTHS BY GARY
DOBMEIER, MAILBOXES, ETC. WITH FAVORABLE RECOMMENDATION
• OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS
(e) COMMERCIAL LOAN FROM HCDC /EDA FOR PAUL KOCH
,e�_I
CITY COUNCIL MINUTES — MARCH 24, 1998
(f) COMMERCIAL LOAN FROM HCDC/EDA FOR NEIL JENSEN •
(g) HARDEE /AMERICA'S FITNESS FAMILY WALK, ROLL AND FUN RUN
(h) ON SALE SUNDAY LIQUOR LICENSE FOR GOLD COIN, INC.
Motion was made by Erickson, seconded by Peterson, to approve the consent
agenda. Motion unanimously carried.
5. PUBLIC HEARING — 6:00 P.M.
(a) ADOPTION OF CITY TOBACCO ORDINANCE
Vice President Mlinar called the hearing to order at 6:00 p.m.
The City Attorney stated that the public hearing was required by State law. He noted
two revisions in the proposed ordinance. Anderson reported that a couple local
businessmen had called his office in support of the ordinance.
Anne Hoyer, Tri-County Coordinator, commended the City Attorney on the way
he had handled the topic. She reviewed Subdivision 7 and 8 and inquired how the
City's vending machines related to the State law. She was informed that the City of
Hutchinson had previously eliminated vending machines, except in locations where
minors under 18 were not present. She encourap ti the City Council to vote for a
strong tobacco law and recommended removing the word "freely" from the
ordinance. •
Four teenagers who had addressed the County Commissioners at the County public
hearing stressed the necessity of making it difficult for young people to obtain
tobacco products. Many of their friends were already addicted to cigarettes and
found it hard to quit smoking.
Motion was made by Erickson, seconded by Peterson, to close the hearing at 6:15
p.m. Motion unanimously carried.
The City Attorney recommended that the word "freely" be removed from the
ordinance and that the vending machines issue be brought into line with State law.
He will have an amended ordinance with the two proposed changes for the next
meeting.
Motion was made by Erickson, seconded by Peterson, to waive the first reading and
approve the two changes for the second reading of Ordinance No. 98 -220 on April
14, 1998. Motion unanimously carried.
During discussion of the fee for a tobacco license, it was determined to set the yearly
fee at $150.00.
Motion was made by Peterson, seconded by Erickson, to approve $150.00 as the
tobacco license fee. Motion unanimously carried.
luU . MY eM901611i ;.Ut tl. �7►ic!
•
CITY COUNCIL MINUTES — MARCH 24, 1998
•
(a) PRESENTATION BY DICK LENNES REGARDING 1997 ACCOMPLISHMENTS
BY HUTCHINSON COMMUNITY DEVELOPMENT —AN EDA
The presentation was deferred to the April 28, 1998 City Council meeting.
AI W 10 M 11 D1 1 1►I •
Q
(a) CONSIDERATION OF HUTCHINSON SPONSORING REGIONAL LEAGUE OF
MINNESOTA CITIES WORKSHOP IN FALL 1998
Motion was made by Erickson, seconded by Peterson, to approve sponsoring the fall
1998 workshop. Motion unanimously carried.
(b) CONSIDERATION OF ESTABLISHING COMMUNITY DEVELOPMENT FUND
Motion was made by Peterson, seconded by Erickson, to approve and adopt
Resolution No. 10996. Motion unanimously carried.
(c) CONSIDERATION OF ADOPTING 1998 CITY POLICIES/FEE SCHEDULES
Motion was made by Erickson, seconded by Peterson, to approve all policies and fee
schedules except for the tobacco license fee. Motion unammously carried.
• (d) CONSIDERATION OF REQUEST FOR MECHANICAL BIDS BY HUTCHINSON
COMMUNITY HOSPITAL
Motion was made by Erickson, seconded by Peterson, to approve the request for bids.
Motion unanimously carried.
(e) CONSIDERATION OF ACCEPTING BID FOR SALVAGE OF MATERIALS AT
OLD WASTEWATER PLANT
Motion was made by Peterson, seconded by Erickson, to approve and award the bid
to R. T. Scrap & Iron for $1,158.00. Motion unanimously carried.
(f) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZING ADVERTISEMENT FOR BIDS FOR OLD WASTEWATER
PLANT DEMOLITION
It was reported that Rust E &I will complete the plans and specifications for the
demolition work.
Motion was made by Erickson, seconded by Peterson, to approve the plans and
specifications and to authorize advertisement for the bids. Motion unanimously
carried.
(g) CONSIDERATION OF APPROVING MEMORANDUM OF AGREEMENT FOR
ADVANCED FLOOD WARNING DEVICES FOR THE SOUTH FORK OF THE
CROW RIVER
•
CITY COUNCIL MINUTES — MARCH 24, 1998
It was requested that this item be deferred. r
Motion was made by Erickson, seconded by Peterson, to defer. Motion unanim ously
carried.
9. MISCELLANEOUS
(a) COMMUNICATIONS FROM DIRECTOR OF BUILDING/PLANNING /ZONING
Director Marka requested authorization to travel to Troy, Michigan to attend a four -
day seminar from March 26 -29, 1998. He reported all expenses would be covered
by the Board of Architecture/Engineering, and the per diems would be rebated to the
City.
Motion was made by Peterson, seconded by Erickson, to approve the out -of -state
travel. Motion unanimously carried.
(b) COMMUNICATIONS FROM CITY ATTORNEY
Anderson reported on additional complaints received regarding cable television, and
he has contacted the Triax cable office about the issues. The customer service
standards for Triax are in the process of being drafted.
(c) COMMUNICATIONS FROM COUNCIL MEMBER KAY PETERSON
Peterson stated that the Pioneerland Library System will hold an award dinner in •
Willmar on April 16, 1998, at which time Ralph Bergstrom will be presented with
a post humous award. The Bergstrom children will be invited to attend and accept
the award. She also reported that the library card catalog is now available on the
internet.
(d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING
Rodeberg commented on a letter received from the Dobratz -Hantge Funeral Chapel.
It was their recommendation to remodel the Oakland Cemetery holding vault into a
small chapel and office area. Dobratz -Hantge would be committed financially and
operationally to a joint effort with the City to provide an alternative location for
funeral service matters.
The City Engineer reported that the loop detector is not working at Washington
Avenue for the sound bound Main Street traffic. He requested approval of Supple-
mental Agreement No. 1 for repair of the downtown traffic signal. The City share
will be $320.00 from the state aid fund.
Motion was made by Peterson, seconded by Erickson, to approve the repair. Motion
unanimously carried.
(a) VERIFIED CLAIMS
Motion was made by Erickson, seconded by Peterson, to approve the claims and is
CITY COUNCIL MINUTES — MARCH 24, 1998
• authorize payment from appropriate funds. Motion unanimously carried.
: 1 I l:►ul x ► 1
There being no further business, the meeting adjourned at 6:19 p.m.
•
•
CITY OF HUTCHINSON
BUILDING / PLANNING / ZONING DEPARTMENT
1 I 1 HASSAN STREET S.E., HUTCHINSON, A1N 55350 PHONE: 612. 234 -4216 FAX: 612. 234.4240
March 1998 _
u
NEW RESIDENTIAL
PRIVATELY OWNED
PUBLICLY OWNED
HOUSEKEEPING
aem
Number Of
Valuation of
Number d
Valuation of
BUILDINGS
No.
Bulldmtga
&rW4ge
dl �
�
O =
�
a)
c
(.)
0
S detached
101
3
3
427,403
Single-family houses. attached
SeavenA bh -pgnE b molw4
wbuW aN,e aOeMw. rrrd
102
S a YF1
Two-larrvly buscings
107
Three- end four -farm
104
Flu r.moref - buddirgs
105
TOTAL Sum of 101.106-
109
3 3
NEW RESIDENTIAL
PRIVATELY OWNED
PUBLICLY OWNED
NONHOUSEKEEPING
tsar
Number of
I valu•uon of
Number of
Valuslkm of
BUILDINGS
No.
ca ft bn
L»rl
•
Hotels, motels, and louhel cabins
(benNaccommodataccommodatioaaccommodations o 1
117
Other N a
raOUe•epinq shelter
214
Eallff NEW
PRIVATELY
OWNED
PUBLICLY OWNED
NONRESIDENTIAL
Item
Number
Vacation of
Number of Vastlon d
BUILDINGS
No.
of
construction
BLOW" cauurucaon
Bu ildnps
Orrwf cents
Omit carps
a
)
c
Amusement. social, and recreational
716
-
Churches and other religious
719
Industrial
320
Parking garages (buildings a open dsdstl)
321
Service stations and relow garages
322
.
Hospitals and Institutional
723
Offices, bards, and Professional
324
Public works and utilities
326
Schools and other educadoral
326
Stores and customer services
327
Other nonresidentlal bulk9rgs
326
jjjj Stnxlures other than buidtga
329
ADDITIONS,
PRIVATELY
OWNED
PUBLICLY
OWNED
ALTERATIONS,
Item
Number
Valuation of
Number of
Vastbn of
AND CONVERSIONS
No.
of
c nslnrction
Buldrga
conalruction
Buldrgs
Orr cents
Ornt coats
(a)
(b)
(c)
(d)
(e)
Residential - Cassiy adddors of
434
garage, And carp" n Tram 438
. 1
Now"dentfal and nonhousekeepirp
437
7
488
Additions of residential garages and
am
-
carports (attached and detached)
nnn
DEMOLIITONS
PRIVATELY
OWNED
PUBLIC
YOWNED
AND RAZING
Item
Number
Number of
Number of
Number of
OF BUILDINGS
No.
of
Buldrgs
Houag units
Buildings
Hotuaq nits
(•)
)
(c
S'rgle -lenity houses (anschad end
646
"$Chad)
Two-lemily buLdInp
646
Three- and four -lamay buildings
647
Flve-or-more family bulkings
646
AM other buildings and si+r !t
649
RRR -4, RRS -1, RNR -2, SIGN -1, MHI -5, FENCE -1,
Total permits 33 Total VAluatlon $1
Hutchinson Public Library Board Meeting
• Monday, March 23, 1998
Members Present Mary-Henke, Paul Wright, Sue Munz, Kay Peterson, Joe Schulte, Richard
Peterson, Larry Ladd, Lois Carlson.
Members Absent Connie Lambert, Joyce Beytien
Meeting called to order by Paul Wright. The minutes from the February meeting were
read and accepted.
Old Business: Mike Fallon from F & W Roofing presented his thoughts on the leaky roof
problem. After commenting on the situation, he recommended re- roofing the building.
After discussing all aspects of the roof problems, the motion was made by Sue Munz and
seconded by Joe Schulte that the matter should be referred to City Hall so they can
research the situation and get it into the budget for next year.
Note cards and book markers were passed out to members. It was decided to sell note
cards 10 for $5.00. They will be displayed in the library and Chamber office. Free
book marks will be given to new customers, placed in newcomers pamphlets and given
to the Chamber to pass out. Bookmarks will sell for 25 cents. Joyce Beytien was
thanked for all the work she did in arranging for the markers and notes.
Mary Henke reported on a future meeting with Grant Knutson, McLeod County Commissioner.
This will include PLS reps and four libraries (Brownton, Winsted, Glencoe & Hutchinson).
Probably after Easter. Subjects to discuss -- communication between county and library,
automation, and funding.
• Mary presented an update on National Library Week, April 19 -25. Children's author,
Judy Nichols, will be at the library, there will be an Origami program, plus book
drawings and give - aways.
Sue Munz announced her plans to resign from the PLS Board. It was recommended that
Kay bring this to the attention of the Mayor and look for a replacement.
New Business April 16 is the PLS award dinner in Willmar. Ralph Bergstrom will be
honored. An invitation will be sent to the Bergstrom children. Mary Henke and Paul
Wright will attend.
A survey from the Minn. Library Trustee Assoc. was discussed. It was felt it was a
duplicate service and not necessary.
The Board recommended the reappointment of Richard Peterson and Lois Carlson.
Larry Ladd reported on PLS. They discussed the awards dinner, discussed salaries, what
City budgets can handle, automation, insurance responsibilities, recording the donation
of books and their inventory.
The next meeting will be April 27, 1998 at 4:30 PM.
Meeting adjourned.
Secretary pro tem, Lois Carlson
4 - A (2)
•
•
•
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
DAVID B. ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON
LAURA K. FRETLAND
PAUL D. DOVE"
JANE VAN VALKENBURG
RICHARD G. MDGEE
CATHRYN D. REHER
WALTER P. MICHELS, III
JAMES UTLEY
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350-2563
(3 20) 587 -7575
FAX (320) 567 -4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
'ALSO .ADMITTED IN TEXAS AND NEW YORK
Ms. Marilyn Swanson
Hutchinson City Center
111 Hassan Street SE
Hutchinson, Mn. 55350
Re: City Council Meeting
Our File No. 3188 -87001
Dear Marilyn:
April 14, 1998
APR 14 1498
CITY OF HUTCHINSON
OF COUNSEL
ARTHUR L. DOTEN
5881 CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 55416
(612) 545 -9000
FAX (612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(61 2) 382214
FAX (61 2) 389 -5508
I am enclosing herewith a revised Tobacco Ordinance that contains two changes f rom the draft previously
approved by the City Council.
I have changed the period of time for the license so that it conforms with most of the rest of the City's �O o
licensing provisions; j&, t he license period will run from January 1 to December 31.
Second I included language in Subd 8(C) that allows tobacco sales within an enclosed facility which must_
be under continuous supervision by an employee, er the a e of 18 years of a e is
prohibited and a fully functioning door must also be a portion of the premises. This has the effect of allowing
the 'smoke shop' type facility. Whether or not the Council wis es�to do this is, of course, a matter of public
policy and is something that can be discussed at this evening's City Council meeting.
I am also requesting that we consider as a post - agenda item the request from Sam and Shari Colvin for
reimbursement for certain expenses relating to water damage occurring on June 29, 1997. The Council may
or may not wish to act on this request this evening but I am providing the background information for your
consideration. In discussing the matter with the insurance carrier, the claims representative handling this
claim indicated that the League Trust was willing to make a payment of approximately one -half of the
amount in dispute. Mr. and Mrs. Colvin have requested that the Council consider reimbursement of the full
amount of $550.82. There is some history here of difficulties with water in the area although the problems
experienced by Mr. and Mrs. Colvin, while real, are related to developmental issues and not to any errors
on the part of the City as far as I can tell. Nonetheless, their situation does seem unique.
did indicate in visiting with Mr. and Mrs. Colvin that they are certainly entitled to have the matter placed / 9�
before the City Council and they are requesting that this claim be paid.
I would recommend payment of this claim as long as Mr. and Mrs. Colvin are willing to enter into a formal
Release of All Claims which will recite that the City is not responsible for payment of damages and that this
claim along with all prior claims are now considered satisfied and paid in full. The benefit to the City would
be that with respect to these individuals the issue would be resolved.
'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
Ms. Marilyn Swanson
April 14, 1998
page 2
In any event, I did indicate to Mr. and Mrs. Colvin that I would bring the matter at their request back to the
Council and 1 have now done so. If you have any questions or need additional information, please feel free
to either contact myself or the city engineer.
Best reoards.
rr1:.A
•
•
•
G. Barry Anderson
GBA:Jm
• I. Renewals. The renewal of a licensed issued under this section shall be
handled in the same manner as the original application. The request for a renewal shall be made at
least twenty (20) days but no more than sixty (60) days before the expiration of the current license.
The issuance of a license issued under this ordinance shall be considered a privilege and not an
absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license.
Subd. 4. Fees. No license shall be issued under this ordinance until the appropriate
license fee shall be paid in full as specified by resolution as adopted by the City Council.
Subd. 5. Basis for Denial of lacense. The following shall be grounds for denying
the issuance or renewal of a license under this ordinance; however, except as may otherwise be
provided bylaw, the existence of any particular ground for denial does not mean that the City must
deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon
the discovery that the person was ineligible for the license under this Section:
A. The applicant is under the age of eighteen (18) years.
B. The applicant has been convicted within the past five (5) years of any
violation of a Federal, State or local law, ordinance provision or other regulation relating to tobacco
or tobacco products or tobacco - related devices.
• C. The applicant has had a license to sell tobacco, tobacco products or
tobacco-related devices revoked within the preceding twelve (12) months of the date of application.
D. The applicant fails to provide any information required on the
application, or provides false or misleading information.
E. The applicant is prohibited by Federal, State or local law, ordinance or
other regulation, from holding such a license.
Subd. 6. Prohibited Sales. It shall be a violation of this ordinance for any person
to sell or offer to sell any tobacco, tobacco product or tobacco - related device:
A. To any person under the age of eighteen (18) years.
B. By means of any type of vending machine, except as may otherwise be
provided in this ordinance.
C. By means of self - service methods whereby the customer does not need
to make a verbal or written request to an employee of the licensed premise in order to receive the
tobacco, tobacco product or tobacco - related device and whereby there is not a physical exchange of
the tobacco, tobacco product or tobacco - related device between the licensee or the licensee's
employee and the customer. Self - service sales are permitted within an enclosed area where per
• under the age of 18 years of age are not permitted to enter and the enclosed area is under the /
continuous supervision of an employee of the licensed premise All sales must occur within the /
e nclosed area and access to the enclosed area must be by way of a fully functioning door. •
D. By means of loosies as defined in Subdivision 2 of this ordinance.
E. Containing opium, morphine, jimson weed, bella donna, strychnos,
cocaine, marijuana or other deleterious, hallucinogenic, toxic or controlled substances except nicotine
and other substances found naturally in tobacco or added as part of an otherwise lawful
manufacturing process.
F. By any other means, to any other person, on in any other manner or form
prohibited by Federal, State or local law, ordinance provision or other regulation.
Subd. 7. Vending Machines. It shall be unlawful for a person licensed under this
ordinance to allow the sale of tobacco, tobacco products or tobacco - related devices by the means of
a vending machine.
Subd. 8. Self- Service Sales. It shall be unlawful for a licensee under this
ordinance to allow the sale of tobacco, tobacco products or tobacco- related devices by any means
whereby the customer may have access to such items without having to request the item from the
licensee or the licensee's employee and whereby there is not physical exchange of the tobacco,
tobacco product or tobacco-related device between the licensee or his or her clerk and the customer.
All tobacco, tobacco products and tobacco- related devices shall either be stored behind a counter or
other area not accessible to customers. Any retailer selling tobacco, tobacco products or tobacco- •
related devices at the time this ordinance is adopted shall comply with this Subdivision within sixty
(60) days.
Subd. 9. Responsibility. All licensees under this ordinance shall be responsible
for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco -
related devices on the licensed premises, and the sale of such an item by an employee shall be
considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the
City from also subjecting the clerk to whatever penalties are appropriate under this ordinance, State
or Federal law or other applicable law or regulation.
Subd. 10. Compliance Checks and Inspections.
A. All licensed premises shall be open to inspection by the local law
enforcement agencies or other authorized City official during business hours. From time to time, but
at least once per year, the City shall conduct compliance checks by engaging, with the written consent
of their parents or guardians, minors over the age of fifteen (15) but less than eighteen (18) years, to
enter the licensed premises to attempt to purchase tobacco, tobacco products or tobacco - related
devices. Mnors used for the purposes of compliance checks shall not be guilty of the unlawful
purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products or
tobacco- related devices when such items are obtained or attempted to be obtained as a part of the
compliance check. No minor used in compliance checks shall attempt to use a false identification •
misrepresenting the minor's age and all minors lawfully engaged in a compliance check shall answer
ar
"4 Stores in One"
10 APRIL 98
TO: MAYOR MARLIN TORGERSON
RE: SMOKE SHOP ORDINANCE VERBIAGE AMENDMENT
WE, AT MORE 4, REALIZE THAT UNDERAGE SMOKING IS A PROBLEM. WE
FEEL WE NEED TO TAKE A STRONG APPROACH TO HELP REMEDY THIS
PROBLEM. BY THIS WE HAVE ADDED A SMOKE SHOP TO OUR SERVICE
COUNTER BY DOING THIS, NOT ONLY DID WE TAKE DISPLAYS OFF THE
FLOOR, WHICH DECREASED THE AVAILABILITY TO UNDERAGE SMOKERS,
AND CONCEAL THE CIGARETTES TO A CERTAIN EXTENT, BUT THIS HAS
ALSO HELPED TO DETER THEFT. OUR SMOKE SHOP IS EQUIPPED WITH A
SECURED DOOR WITH AN ALARM AND A VIDEO CAMERA ON THAT AREA
CONSTANTLY.
WITH BRINGING THE SMOKE SHOP IN OUR STORE, WE FELT IT VERY
NECESSARY TO HAVE OUR ASSOCIATES WHO ARE SELLING THE
• CIGARETTES HAVE TRAINING TO EMPHASIZE CIGARETTE LAWS AND
REGULATIONS. AFTER HAVING GONE THROUGH THIS TRAINING, WE ARE
HAVING THESE EMPLOYEES SIGN OFF ON A SHEET EXPLAINING THEY
UNDERSTAND EVERYTHING AND WILL ABIDE BY THE LAWS.
WE PROPOSE THE LANGUAGE TO READ, "ALL TOBACCO, TOBACCO
PRODUCTS AND TOBACCO RELATED DEVICES SHALL BE SOLD BEHIND A
COUNTER OR A DOOR THAT IS STATING NO ONE UNDER THE AGE OF 18
ALLOWED'."
SINCE L/Y,
MARK MITTELSTEADT
STORE DIRECTOR, MORE 4
CC: CITY COUNCIL MEMBERS
DON ERICKSON
JEFF HAAG
JOHN MLINAR
KAY PETERSON
G. BARRY ANDERSON, CITY ATTORNEY
GARY PLOTZ, CITY ADMINISTRATOR
205 Washington Avenue East • Hutchinson, MN 55350
Telephone (320) 487 -8233 • Fax (320) 587 -3816
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
DAVID B. ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON'
LAURA K. FRETLAND
PAUL D. DOVE"
JANE VAN VALKENSURG
RICHARD G. McGEE
CATHRYN D. REHER
WALTER P. MICHELS. III
JAMES UTLEY
'ALSO ADMITTED IN TEXAS AND NEW YORK
Mr. Mark Mhtelsteadt, General Manager
More 4
205 Washington Avenue E.
Hutchinson, Mn. 55350
Mr. Glen Woelfel, General Manager
Cash Wise Foods
1020 Highway 15 S.
Hutchinson, Mn. 55350
Re: Smoke Shop
Our File No. 3188 -87031
Dear Mark 8 Glen:
(320) 567 -7575
FAX (320) 567 -4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
March 30, 1998
OF COUNSEL
ARTHUR L. DOTEN
5661 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(812) 546 -6000
FAX (612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(61 2) 36D -2214
FAX (O 1 2) 389-550G
At various times over the last several weeks both of you have contacted this office, and perhaps other city
officials as well, to discuss the potential for a smoke shop In your business establishment. I am enclosing
a copy of the revised City Ordinance which will have its final reading on April 14, 1998 and presumably will
take effect shortly thereafter upon publication.
In reviewing the ordinance as drafted, I believe a reasonable interpretation of that Ordinance would prohibit
a smoke shop operation. The issue was not discussed at the public hearing but as a courtesy to both of you
I wanted to Icl you know the status of the language of the proposed ordinance. The language as proposed
for action on April 14, 1998, will provide 'all tobacco, tobacco products and tobacco related devices shall
either be stored behind the counter or other area not accessible to customers.' Thus, the Ordinance would
appear to prohibit, as presently drafted, a free standing secured smoke shop operation.
It should be pointed out that there is no particular magic in amending the City Ordinance and this is a policy
decision to be made by the City Council. Further, the Ordinance can be amended at any time although I
would point out that generally it takes 2 to 3 months to request an Ordinance change, discuss the matter with
the Council and prepare appropriate language for Council consideration and have the same approved by the
Council and published In the local newspaper. If you desire a change earlier, you may wish to contact
Individual Council members or City staff in advance of the April 14, 1998 meeting. How you wish to proceed
Is entirely up to you or even, for that matter, whether or not you wish to pursue this point further.
Should you have any questions regarding thg,foregoing, please advise. Thank you. Best regards.
Very truly yours, ,..
r
ARNOI�, 8. D01(E, PLLP `
G. Barry Anderson
GBA:Jm
enc.
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
i
0
•
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
AN ORDINANCE REPEALING EXISTING SECTION 6.21 OF THE HUTCHINSON CITY
CODE ENTITLED "TOBACCO" BY REPEALING EXISTING SECTION 6.21 AND
ADOPTING SUBSTITUTE LANGUAGE AND ADOPTING BY REFEREN CITY CODE
CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS.
THE CITY OF HUTCHINSON ORDAINS:
SECTION 1. City Code, Section 6.21 entitled "Tobacco" is hereby repealed.
SECTION 2. City Code, Section 6.21 "Tobacco" shall read as follows:
SEC. 6.21 TOBACCO
Subd.1. Purpose and Preamble. The City recognizes that many persons under
the age of 18 years purchase or otherwise obtain, posses and use tobacco, tobacco products and
tobacco related devices and such sales, possessions and use are violations of both State and Federal
laws; and because studies have shown that most smokers begin smoking before they have reached
the age of eighteen (18) years and that those persons who reach the age of eighteen (18) years
. without having started smoking are significantly less likely to begin smoking; and because smoking
has been shown to be the cause of several serious health problems which subsequently place a
financial burden on all levels of government; this ordinance shall be intended to regulate the sale,
possession, and use of tobacco, tobacco products, and tobacco- related devices for the purpose of
enforcing and furthering existing laws, to protect minors against the serious effects associated with
the illegal use of tobacco, tobacco products and tobacco - related devices, and to further the official
public policy of the State ofMiimlesota in regard to preventing young people from starting to smoke.
Subd. 2. Definitions and Interpretations. Except as may otherwise be provided
or clearly implied by context, all terms shall be given their commonly accepted definitions. The
singular shall include the plural and the plural shall include the singular. The masculine shall include
the feminine and neuter, and vice - versa. The term "shall" means mandatory and the term "may"
means permissive. The following terms shall have the definitions given to them:
A. Tobacco or Tobacco products. "Tobacco" or "Tobacco products" shall
mean any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars;
pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug
cut, crimp cut, ready - rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and
twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco; and
other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing
or smoking.
0 B. Tobacco- related devices. "Tobacco- related devices" shall mean any
tobacco product as well as a pipe, rolling papers or other device intentionally designed or intended
to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco
products.
C. Self - Service Merchandising. "Self- Service Merchandising" shall mean
open displays of tobacco, tobacco products or tobacco - related devices in any manner where any
person may have access to the tobacco, tobacco products or tobacco - related devices, without the
assistance or intervention of the licensee or the licensee's employee. The assistance or intervention
shall entail the actual physical exchange of the tobacco, tobacco product or tobacco - related device
between the customer and the licensee or employee. Self- service merchandising shall not include
vending machines.
D. Vending Machine. "Vending Machine" shall mean any mechanical,
electric or electronic or other type of device which dispenses tobacco, tobacco products or tobacco -
related devices upon the insertion of money, tokens or other form of payment directly into the
machine by the person seeking to purchase the tobacco, tobacco product or tobacco - related device.
E. Individually Packaged. "Individually packaged" shall mean the practice
of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped
tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags
or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco.
Cartons or other packaging containing more than a single pack or other container as described in this
subdivision shall not be considered individually packaged.
F. Loosies. "Loosies' shall mean the common term used to refer to a single
or individually packaged cigarette.
G. Mawr. "Minor" shall mean any natural person who has not yet reached
the age of eighteen (18) years.
H. Retail Establishment. "Retail Establishment" shall mean any place of
business where tobacco, tobacco products or tobacco- related devices are available for sale to the
general public. Retail establishments shall include, but not be limited to, grocery stores, convenience
stores, restaurants, bars and liquor outlets.
I. Movable Place of Business. "Movable Place of Business" shall refer to
any form of business operated out of a truck, van, automobile or other type of vehicle or
transportable shelter and not a fixed address store front or other permanent type of structure
authorized for sales transactions.
J. Sale. A "sale" shall mean any transfer of goods for money, trade, barter
or other consideration.
K. Compliance Checks. "Compliance Checks" shall mean the system the
City uses to investigate and ensure that those authorized to sell tobacco, tobacco products and •
• tobacco-related devices are following and complying with the requirements of this ordinance.
Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance
checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products or
tobacco- related devices for educational, research and training purposes as authorized by State and
Federal laws. Compliance checks may also be conducted by other units of government for the
purpose of enforcing appropriate Federal, State or local laws and regulations relating to tobacco,
tobacco products and tobacco - related devices.
Subd. 3. License.
A. Prohibition. No person shall sell or offer to sell any tobacco, tobacco
products or tobacco- related device without first having obtained a license to do so from the City.
B. Application. An application for a license to sell tobacco, tobacco
products or tobacco- related devices shall be made on a form provided by the City. The application
shall contain the full name of the applicant, the applicant's residential and business addresses and
telephone numbers, the name of the business for which the license is sought, and any additional
information the city deems necessary. Upon receipt of a completed application, the City shall
determine whether the applicant is eligible for a license and then forward the application to the City
Council for action at its next regularly scheduled Council meeting. If the City shall determine that
an application is incomplete, they shall return the application to the applicant with notice of the
information necessary to make the application complete.
• C. Action. The City Council may either approve or deny the license, or it
may delay action for such reasonable period of time as necessary to complete any investigation of the
application or the applicant it deems necessary. If the City Council shall approve the license, the City
shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall
be given to the applicant along with notice of the applicant's right to appeal the decision.
D. Tam. The term of all licenses issued hereunder shall be from February
1 to the following January 31 or any part thereof.
E. Revocation or Suspension. Any license issued under this ordinance may
be revoked or suspended as provided in the Violations and Penalties section of this ordinance.
F. Transfers. All licenses issued under this ordinance shall be valid only on
the premises for which the license was issued and only for the person to whom the license was issued.
No transfer of any license to another location or person shall be valid without the prior approval of
the City Council.
G. Moveable Place of Business. No license shall be issued to a movable
place of business. Only fixed location business shall be eligible to be licensed under this ordinance.
H. Display. All licenses shall be posted and displayed in plain view of the
is general public on the licensed premises.
I. Renewals. The renewal of a licensed issued under this section shall be
handled in the same manner as the original application. The request for a renewal shall be made at
least twenty (20) days but no more than sixty (60) days before the expiration of the current license.
The issuance of a license issued under this ordinance shall be considered a privilege and not an
absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license.
Subd. 4. Fees. No license shall be issued under this ordinance until the appropriate
license fee shall be paid in full as specified by resolution as adopted by the City Council.
Subd. S. Basis for Denial of License. The following shall be grounds for denying
the issuance or renewal of a license under this ordinance; however, except as may otherwise be
provided bylaw, the existence of any particular ground for denial does not mean that the City must
deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon
the discovery that the person was ineligible for the license under this Section:
A. The applicant is under the age of eighteen (18) years.
B. The applicant has been convicted within the past five (5) years of any
violation of a Federal, State or local law, ordinance provision or other regulation relating to tobacco
or tobacco products or tobacco - related devices.
C. The applicant has had a license to sell tobacco, tobacco products or
tobacco-related devices revoked within the preceding twelve (12) months of the date of application.
D. The applicant fails to provide any information required on the
application, or provides false or misleading information.
E. The applicant is prohibited by Federal, State or local law, ordinance or
other regulation, from holding such a license.
Subd. 6. Prohibited Sales. It shall be a violation of this ordinance for any person
to sell or offer to sell any tobacco, tobacco product or tobacco - related device:
A. To any person under the age of eighteen (18) years.
B. By means of any type of vending machine, except as may otherwise be
provided in this ordinance.
C. By means of self- service methods whereby the customer does not need
to make a verbal or written request to an employee of the licensed premise in order to receive the
tobacco, tobacco product or tobacco- related device and whereby there is not a physical exchange of
the tobacco, tobacco product or tobacco- related device between the licensee or the licensee's
employee and the customer.
D. By means of loosies as defined in Subdivision 2 of this ordinance. •
• E. Containing opium, morphine, jimson weed, bella donna, strychnos,
cocaine, marijuana or other deleterious, hallucinogenic, toxic or controlled substances except nicotine
and other substances found naturally in tobacco or added as part of an otherwise lawful
manufacturing process.
F. By any other means, to any other person, on in any other manner or form
prohibited by Federal, State or local law, ordinance provision or other regulation.
Subd. 7. Vending Machines. It shall be unlawful for a person licensed under this
ordinance to allow the sale of tobacco, tobacco products or tobacco - related devices by the means of
a vending machine.
Subd. 8. Self - Service Sales. It shall be unlawful for a licensee under this
ordinance to allow the sale of tobacco, tobacco products or tobacco- related devices by any means
whereby the customer may have access to such items without having to request the item from the
licensee or the licensee's employee and whereby there is not physical exchange of the tobacco,
tobacco product or tobacco - related device between the licensee or his or her clerk and the customer.
All tobacco, tobacco products and tobacco- related devices shall either be stored behind a counter or
other area not accessible to customers. Any retailer selling tobacco, tobacco products or tobacco -
related devices at the time this ordinance is adopted shall comply with this Subdivision within sixty
(60) days.
• Subd. 9. Responsibility. All licensees under this ordinance shall be responsible
for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco -
related devices on the licensed premises, and the sale of such an item by an employee shall be
considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the
City from also subjecting the clerk to whatever penalties are appropriate under this ordinance, State
or Federal law or other applicable law or regulation.
Subd. 10. Compliance Checks and Inspections.
A. All licensed premises shall be open to inspection by the local law
enforcement agencies or other authorized City official during business hours. From time to time, but
at least once per year, the City shall conduct compliance checks by engaging, with the written consent
of their parents or guardians, minors over the age of fifteen (15) but less than eighteen (18) years, to
enter the licensed premises to attempt to purchase tobacco, tobacco products or tobacco - related
devices. Minors used for the purposes of compliance checks shall not be guilty of the unlawful
purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products or
tobacco-related devices when such items are obtained or attempted to be obtained as a part of the
compliance check. No minor used in compliance checks shall attempt to use a false identification
misrepresenting the minor's age and all minors lawfully engaged in a compliance check shall answer
all questions about the minor's age asked by the licensee or his or her employee and shall produce
any identification, if any exists, for which he or she is asked. Nothing in this Subdivision shall prohibit
compliance checks authorized by State or Federal laws for education, research or training purposes
• or required for the enforcement of a particular State or Federal law.
B. Conducting compliance checks shall be the responsibility of the City or
County officials, where appropriate. For all compliance checks, the supervising adult shall be a
licensed peace officer. All minor participants shall receive training prior to engaging in compliance
check activities. Transportation shall be provided by the supervising adult or other adult employee
of the City as designated by the police department. Participating minors shall be considered
"volunteers" subject to receipt of a per diem payment in an amount established for other City boards
and commissions.
Subd. 11. Other Illegal Acts. Unless otherwise provided, the following acts shall
be a violation of this ordinance.
A. Illegal Sales. It shall be a violation of this ordinance for any person to
sell, give or otherwise provide any tobacco, tobacco product or tobacco - related device to any minor.
B. Illegal Possession. It shall be a violation of this ordinance for any minor
to have in his or her possession any tobacco, tobacco product or tobacco-related device. This section
shall not apply to minors lawfully involved in a compliance check.
C. Illegal Use. It shall be a violation of this ordinance for any minor to
smoke, chew, sniff or otherwise use any tobacco, tobacco product or tobacco - related device.
D. Illegal Procurement. It shall be a violation of this ordinance for any
minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or •
tobacco - related device and it shall be a violation of this ordinance for any person to purchase or
otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to
coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco,
tobacco product or tobacco - related device. This section shall not apply to minors lawfully involved
in a compliance check.
E. Use of False Identification. It shall be a violation of this ordinance for
any minor to attempt to disguise his or her true age by the use of a false form of identification,
whether the identification is that of another person or one on which the age of the person has been
modified or tampered with to represent an age older than the actual age of the person.
Subd. 12. Violations.
A. Notice. Upon discovery of a suspected violation, the alleged violator
shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which
shall inform the alleged violator of his or her right to be heard on the accusation.
B. Hearings. If a person accused of violating this ordinance so requests, a
hearing shall be scheduled, the time and place of which shall be published and provided to the accused
violator.
C. Hearing Officer/Panel. The City Attorney's office or its designee is •
• hereby appointed as the Hearing Officer.
D. Decision. If the Hearing Officer determines that a violation of this
ordinance did occur, that decision, along with the Hearing Officer's reasons for finding a violation
and the penalty to be imposed under Subdivision 13 of this ordinance, shall be recorded in writing,
a copy of which shall be provided to the accused violator. Likewise, if the Hearing Officer finds that
no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded
and a copy provided to the acquitted accused violator.
E. Appeals. Appeals of any decision made by the Hearing Officer shall be
filed in the District Court having jurisdiction of the City.
F. Misdemeanor Prosecution. Nothing in this Subdivision shall prohibit the
City from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. If the
City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed.
G. Continued Violation. Each violation, and every day in which a violation
occurs or continues, shall constitute a separate offense.
Subd. 13. Penalties.
• A. Licensees. Any licensee found to have violated this ordinance, or whose
employee shall have violated this ordinance, shall be charged an administrative fine of $75.00 for a
first violation of this ordinance; $200.00 for a second offense at the same licensed premises within
a twenty -four (24) month period; and $250.00 for a third or subsequent offense at the same location
within a twenty-four (24) month period. In addition, after the third offense, the license shall be
suspended for not less than seven (7) days.
B. Other Individuals. Other individuals, other than minors regulated by
Section C of this Subdivision, found to be in violation of this ordinance shall be charged an
administrative fee of $50.00.
C. Minors. Minors found in unlawful possession of, or who unlawfully
purchase or attempt to purchase, tobacco, tobacco products or tobacco - related devices, shall be if
a first time offense, referred to a diversion program operated by appropriate City officials or, if a
second or subsequent offense, be petitioned or ticketed into juvenile court as a petty offender and
receive such disposition as is authorized by law and appropriate for petty offenders.
D. Misdemeanor. Nothing in this Subdivision shall prohibit the City from
seeking prosecution as a misdemeanor for any violation of this ordinance.
Subd. 14. Exceptions and Defenses. Nothing in this ordinance shall prevent the
providing of tobacco, tobacco products or tobacco- related devices to a minor as part of a lawfully
• recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation
of this ordinance for a person to have reasonably relied on proof of age as described by State law.
Subd. 15. Severability and Savings Clause. If any section or portion of this •
ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of
competent jurisdiction, that finding shall not service as an invalidation or effect the validity and
enforceability of any other Subdivision or provision of this ordinance.
SECTION 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable
to the entire City Code Including Penalty For Violation" and Section 2.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein.
SECTION 4. This Ordinance shall take effect upon adoption and publication.
Adopted by the City Council this 14' day of April, 1998.
Marlin Torgerson, Mayor
Attest:
Gary D. Plotz, City Administrator
Published in the Hutchinson Leader on:
First Reading:
Seond Reading:
E
r
• ORDINANCE NO. 98-221 , 2 " SERIES
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING
CITY CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATIONS AND
LICENSING" BY ADDING SECTION 6.44 ENTITLED "DANCES" AND BY ADOPTING
BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY OF HUTCHINSON ORDAINS:
Section 1. Section 6.44 of the City Code, "Dances" is hereby added and shall read as follows:
Section 6.44 Dances
Subd. 1. License Required. It is unlawful for any person to operate a public dancing
place, or to hold a public dance, without a license for such activity from the City. In lieu of a per
dance license for a specific dance, the City Council may grant an annual license under such terms and
conditions as it deems appropriate.
Subd. 2. License Fee. The license fee shall include the cost of providing attendance by a
designated security officer or officers when required by the Chief of Police. The license fee shall be
• fixed and determined by the Council at the time the application is approved, which fee shall also
include the cost of any investigation. An annual fee may be charged for the application processing
and investigation portion when license applicants contemplate numerous public dances throughout
a calendar year. Any portion, or all of, the license fee may be waived if the Council finds that the
applicant is a charitable, religious or fraternal committee, association or organization operating on
a purely nonprofit basis and all dance proceeds other than direct operating expenses are used for
benevolent or charitable purposes.
Subd. 3. Application and License. An application for a dance license shall be filed with
the City on such forms as are specified by the City Administrator and shall specify the names and
addresses of the person, persons, committee or organization that is to hold the dance, time and place
thereof:, the area of the dance floor, estimated number of dance patrons and such other information
as the City may reasonably request.
Subd. 4. Security. The Chief of Police may designate a security officer or officers to be
present at a public dance during the entire time said dance is underway. For purposes of this
paragraph the term "security officer" means any person who is a full -time or part-time peace officer,
a reserve officer or a community service officer employed by the City of Hutchinson. The total costs
of any such security provided by the City must be paid by the applicant and the City may require an
advanced deposit or a corporate surety bond guaranteeing payment. Security officers designated by
the City shall have full authority to bar disruptive persons from the premises and to otherwise engage
in necessary policing activities including any activity necessary to preserve the peace.
•
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions applicable to the
Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a
Misdemeanor" are hereby adopted in the it entirety, by reference, as though repeated verbatim herein.
Section 3. This ordinance shall take effect upon adoption and publication.
Adopted by the City Council this 14th day of April, 1998.
Marlin Torgerson, Mayor
Attest:
Gary D. Plotz, City Administrator
Published in the Hutchinson Leader on:
First Reading: March 24, 1998 •
Second Reading: April 14, 1998
•
0 RESOLUTION NO. 11001
DESIGNATION OF ADDITIONAL DEPOSITORY OF CITY FUNDS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
THAT the following named bank, which are authorized to do a
banking business and act as depositories in Minnesota, be and they
hereby are designated depositories of the Public Funds of the City
of Hutchinson in the County of McLeod, 'State of Minnesota, by the
City Council of said City, for the term commencing April 14, 1998
and ending December 31, 1998:
NORWEST BANK MINNESOTA SOUTH NA, HUTCHINSON, MN
upon terms and conditions following, to -wit:
THAT this designation is subject to the right of said City of
Hutchinson, Minnesota to modify, vacate, or revoke the same
according to law, and also subject to any depository agreement
executed pursuant to Minnesota Statutes, Section 118.01 and Section
475.66, and
BE IT FURTHER RESOLVED:
THAT the City Administrator of the City of Hutchinson is
hereby authorized and directed to deposit in said banks and
institutions in special funds to be known as "City of Hutchinson"
all monies that may come into his hands.
BE IT FURTHER RESOLVED:
THAT a copy of this resolution be filed with the City
Administrator and each of the banks and institutions so designated.
Adopted by the City Council this 14th day of April, 1998.
Marlin Torgerson
Mayor
u
ATTEST:
Gary D. Plotz
City Administrator
�Z- C4<3)
Hutchinson Garden Club
iii - i, -1111
D.bbM KWWWd, Pr@Oda • Lisa SMW, Y Pr� • Robw T&WM , TrM • MYrl, KOWK Ssr Y • San} No m NWMMW
March 30, 1998
Hutchinson City Council
City Center
Hutchinson, Mn. 55350
TO: CITY COUNCIL MEMBERS
The Hutchinson Garden Club would like to obtain a "Use
Permit" for a portion of the parking lot located at the
corner of Second Ave SE and Hassan Street SE on Saturday,
May 16th, 1998, during the hours of 8 AM to 12 Noon.
The purpose of this Use Permit is for our Club to have
a fund raising plant sale to raise funds for our Club
projects. Members of our Club will have many types of
home raised perennials, bulbs, and bedding plants
available for sale. There will be some gardening supplies
also available.
The funds from this sale are used to purchase bedding
plants for the flower bed at the intersection of Roberts
Road and Dale Street. to purchase seeds to distribute at
the Bluebird Project at the Gopher Campfire outing in April
and this year we will be maintaining a flower bed on the
County Fair grounds.
The parking lot located across the street from the Library
Square is centrally located and easy to find for our
customers.
The McLeod County Horticultural Society will also be
participating in this plant sale for their own special
projects.
If you have any questions about our project or need further
information, please contact me at this address:
Roberta Tabberson, 12154 Tagus Ave, Hutchinson, Mn.
#587- -9101.
Si a ely,
C11 Treasu
Hutchinson Garden Club
ARNOLD. ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
.
ATTORNEYS AT LAW
501 SOUTH FOURTH STREET
DAVID B. ARNOLDT
PRINCETON. MINNESOTA 55371-2005
STEVEN A. ANDERSON
G. BARRY ANDERSON'
(612)389 -2214
LAURA K FRETLAND
FAX (6121389-5506
PAUL D. DOVE"
METRO LINE (512) 545 -6018
JANE VAN VALKENBURG
RICHARD G. MCGEE
RESIDENT ATTORNEY
CATHRYN D. REHER
WALTER P. MICHELS. III
STEVEN A ANDERSON
JAMES UTLEY
ALSO ADMITTED IN TEXAS AND NEW YORK
Reply to Hutchinson Office
March 24, 1998
OF COUNSEL
ARTHUR L. DOTEN
5881 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 5459000
FAX (612) 545 -1793
10 1 PARK PLACE
HUTCHINSON. MINNESOTA 55350
(320) 587 -7575
FAX (3201 587 -4096
Ms. Mary Beth Schaufler
Hutchinson Community Development Commission - EDA
Hutchinson City Center Sent via Facsimile & U.& Mal
111 Hassen Street S.E. (310) 234 -4240
Hutchinson, MN 55350
Re: Fahey Sales Agency Loan Transaction
Dear Mary Beth:
I write to you today regarding certain loans to the Fahey Sales Agency, Inc. in connection with
downtown real estate improvements.
I have reviewed the file maintained by Hutchinson Community Development Corporation, the
predecessor to the Economic Development Authority.
In my review of the file, I find two loans that are due on December 10, 2010, both of which relate to the
uptown revitalization project. According to information supplied to me by your office, the remaining
balance on these two (2) notes is $8,041.45 and $9,701.71. The other four (4) notes are all commercial
revolving loan fund notes, bear interest at the rate of 8 %, and are due on December 10, 2000. These
four notes have remaining balances of $2,698.34, $652.12, $4,419 -99 and $2,204.46.
Some of the loans contain due on sale clauses and others do not.
Policy arguments can be made either way. I would recommend the following:
1. Require Fahey to provide satisfactory proof to the Finance Committee that the security
position of the EDA is no worse than present and hopefully better under the new
financial arrangement. Fahey reports that he will have $200,000 equity in the property
when all of the improvements are completed which, if true, should provide ample
security for the EDA's loans. However, I think it would be wise for the EDA to require
fiuther information and perhaps a verified financial statement relating to this project
'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 / T / 1
Ms. Mary Beth Schaufler
March 24, 1998
Page 2
which would, of course, be confidential but would supply some protection to the EDA
on these issues;
2. I would recommend allowing these loans to be transferred to the new property provided,
however, that we consolidate the two (2) loans with maturities in the year 2010 into one
note and consolidate the remaining notes, which mature in December of 2000 into one
note, all of which I think will make the bookkeeping more sensible;
3. I would point out that the City will be acquiring the property by virtue of a closing in
advance of Fahey actually completing the financial aspects of his transaction with the
Bank providing financing for his new business. In order to fully protect the EDA, I
would recommend that Fahey be required to sign a personal guaranty, in addition to a
guaranty by the corporation, which would expire when the transaction is completed. The
reason for this is that at the time the City closes the loan transaction, he will receive the
net proceeds unless the City requires payoffs on these loans. If no payoffs are required,
the City can reasonably require additional security during the interim and a personal
guaranty should be sufficient. An alternative would be to escrow the funds until the
financial transaction with the Bank on the new property is completed.
My reasoning in allowing the transfer to take place, essentially using substitute security, is that the City
actively encouraged Fahey Sales Agency, Inc. to make the improvements to it's property for revitalizing
the downtown and for dealing with other issues. The City has now acquired the property for demolition
purposes and had the borrower known of the likelihood of this transaction, it is conceivable the
borrower would not have agreed to request the funds in the first place. I recognize that this is an
unforseen benefit to the community, but under the unique circumstances present here, using substitute
security makes sense provided, however, that the Finance Committee is satisfied that the transaction
does not in any way degrade the security held by the City for the repayment of these loans.
I hope this correspondence has been helpful to you with regard to my recommendation.
Thank you. Best regards.
V6ry yours, i
ARN , ANDERSON & DOVE, P.L.L.P.
1 Y. a
G. BV0 .Anders
Attorney at Law
GBA:ln
LJ
L
•
0
Hutchinson Jaycee Water Carnival
P.O. Box 624
Hutchinson, Minnesota 55350
Ofh' OF HUI CHASON
Crary Plot7_ City Administrator
Citv of Hutchinson
111 Hassan St SE
Hutchinson, MN 55350
The 56' Annual Hutchinson Javicee Water Carnival, which will be held June 15' - 21 1998 is fast
approaching. Plans for our affival community celebration are well under way. The Jaycees would like to
request that permits be issued for the 1998 Water Carnival as follows:
1.) Issue permit for the Carnival Midway Show for Magel Carnival Midways, Inc. June 17" — 21 at West
River Park The Park and Recreation Dept has been asked to approve this location again for this year.
An alternative site can be set for the Jaycee Park parking lot, as has been done previously in wet
seasons or another site agreeable with the Park and Rec. Dept.
• 2.) Close the south end of Lynn road, by Pica Hut, for the 8K and RollerBlade races on June 20 from
7:00 am. to noon, for the safety of the participants at the beginning and end of the races.
3.) Close the streets and issue a Parade permit for the Kiddie day Parade on Saturday, June 20` from
11:00 am. to 1:30 p.m. The same route will be used as last year, starling at the St. Anastasia parking
lot and continuing to the High School on Roberts road, from Lake Street to Boulder.
4.) Close the streets and issue a Parade permit for the Grande day Parade on Sunday, June 21 °, from 11:00
a.m. to 4:00 p.m. This years proposed parade route starts with the staging area headquarters of St. A's
parking lot, then Roberts road from Dale St to Alan St, including the side streets of Graham, Hidden
Circle, and Larson St. The Parade starts at the intersection of Roberts Road and Dale Street heading
north on Dale Street until turning Fast on Second Ave and continuing until turning South onto Franklin
Street and ending on Linden Ave.
5.) Issue a permit to operate a concession stand during the Boat Parade on Thursday, June IS at West
River Park and Les Kouba Park, at the Sand Volleyball Tournament on Saturday, June 20" at West
River Park and Les Kouba Park, and during the Grande Day Parade, Water Ski Show, and Mud
Volleyball Tournament on Sunday, June 21` at West River Park and Les Kouba Park
6.) Issue a permit for the Water Carnival "Outdoor Dance" on Friday, June 19' and Saturday, June 20'
from 8:00 p.m to Midnight at Flyers" -Tops, Hutch Bowl parking lot. The dance will be fenced off
to enable Flvers/Hi -Tops employees to monitor gate entry to dance area. The Hutchinson Police Dept.
will be contacted about this event
•
I/ -G,
April 8, 1998
n Jayc Water Ca rnival
P
Minnes 55350 0
7.) Issue a permit for the Fireworks display on Thursday, June 18'" and on Sunday, June 21` at
approximately 10:00 p.m. at the AFS International Friendship Grove Park. The Fire Chief; Brad
Emans, will be notified concerning the necessary permits regarding the display of fireworks. The
Jaycees have arranged to have the Fire Dept_ along with an Ambulance crew stand by if any assistance
is needed.
8-) Issue a Non - Intoxicating Liquor License for liquor sales on the following dates:
A) Thursday evening, June 18", at West River Park/I es Kouba Park during the Water Parade
B.) Sunday afternoon, June 21 at West River Park/I es Kouba Park during Mud Volleyball
9.) We will follow the same plan as last year for the requisition of portable toilets needed for the Water
Carnival Weekend.
The Jaycees, which is a non -profit organization, would greatly appreciate the waiver of any fees or rentals
during the duration of the Water Carnival to help defray the expenses. We appreciate all the help and
assistance we receive from the City of Hutchinson and all of its staff and employees, for it is the city, that
is the real backbone of support for this community celebration.
Please inform me when the Water Carnival items will be on the City Council Agenda I will plan to attend r
along with my Vice Commodore, Mike Cannon. If you should have any questions, concerns, or need
additional information, please feel free to contact me anytime.
Michael R. McGraw, Commodore
1998 Hutchinson Jaycee Water Carnival
34 Main St S
Hutchinson. MN 55350
W: 587 -2565 F: 587 -2256 H: 587 -3889
Cc: Mayor Marlin Torgerson
Police Chief Steve Madsen
Fire Chief Brad Emans
Director of Park & Rec. /Comm. Ed. Dolf Moon
r� L
• PUBLICATION NO. 5147
NOTICE OF HEARING ON PROPOSED IMPROVEMENT
LETTING NO.3
PROJECT NO. 97 -30, 98.04, 98 -05, 98 -06, 98 -07, 98 -08, 98 -09, 98 -10
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the
unc bens of the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at
6:30 P.M. o the 14` day of April, 1998, to consider the making of an improvement of:
Project No. 97 -30 Otter Street SW from South Grade Road to 1240 feet north of South Grade
Road (adjacent to Westridge Shores) by construction of grading, bituminous
base, bituminous surfacing and appurtenances;
Project No. 98-04 Glen Street NW from TH 7 to 5th Avenue NW by construction of storm
sewer, sanitary sewer and services, watermain and services, grading, gravel
base, bituminous base, bituminous surfacing and appurtenances;
• Project No. 98 -05 Erie Street SE, Huron Street SE and 1st Avenue SE, north of 2nd Avenue SE
and east of railroad tracks by construction of storm sewer, watermain and
services, grading, gravel base, curb and gutter, bituminous base, bituminous
surfacing and appurtenances;
Project No. 98 -06 Texas Avenue NW from California Street to Huski Addition by construction
of bituminous wear course and appurtenances;
Project No. 98 -07 Lakewood Drive SW from South Grade Road SW to 825 feet north of South
Grade Road to Lakewood Terrace by construction of bi wear course
and appurtenances;
Project No. 98 -08 4th Avenue NE from Bluff Street NE to High Street NE by construction of
storm sewer, sanitary sewer and services, grading, gravel base, bituminous base,
bituminous surfacing and appurtenances;
Project No. 98 -09 Larson Street SW from Roberts Road SW to 150 feet north of Goebel Street
SW by construction of storm sewer, grading, gravel base, curb and gutter,
bituminous base, bituminous surfacing and appurtenances;
Project No. 98 -10 Century Avenue from Sunset Street SW to TH 15 and TH 15 to Ridgewater
• College entrance by construction of sidewalk and appurtenances;
PUBLICATION NO. 5147
LETTING NO. 3 /PROJECT NO. 97 -30, 98 -04, 98 -05, 98 -06, 98 -07, 98 -08, 98 -09, 98 -10 •
PAGE 2
pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for
such improvement is the benefited property, for which property owners shall receive mailed
notice.
The estimated City Cost of said improvement is $340,440.00, with an Assessable Cost of
$356,180.00, for the total estimated cost of $696,620.00.
Such persons as desire to be heard with reference to the proposed improvement will be heard
at this meeting.
Dated: March 24c 1998
a.
•
PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING,
WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR
COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF
OPINION.
PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, MARCH 31 1998
AND TUESDAY, APRIL 7 1998.
E
RESOLUTION NO. 10997
RESOLUTION ORDERING IMPROVEMENT
• AND PREPARATION OF PLANS AND SPECIFICATIONS
LETTING NO.3
PROJECT NO. 97-30, 98-04, 98 -05, 98 -06, 98-07,98-08, 98-09,98-10
WHEREAS, a resolution of the City Council adopted the W day of March, 1998, fixed a date for a
Council Hearing on the improvement of.
Project No. 97 -30 Otter Street SW from South Grade Road to 1240 feet north of South Grade Road (adjacent
to Westridge Shores) by construction of grading, bituminous base, bituminous surfacing
and appurtenances;
Project No. 98-04 Glen Street NW from TH 7 to 5th Avenue NW by construction of storm sewer, sanitary
sewer and services, watermain and services, grading, gravel base, bituminous base,
bituminous surfacing and appurtenances;
Project No. 98 -05 Erie Street SE, Huron Street SE and 1st Avenue SE, north of 2nd Avenue SE and east
of railroad tracks by construction of storm sewer, watermain and services, grading, gravel
base, curb and gutter, bituminous base, bituminous surfacing and appurtenances;
Project No. 98 -06 Texas Avenue NW from California Street to Huski Addition by construction of bituminous
wear course and appurtenances;
Project No. 98 -07 Lakewood Drive SW from South Grade Road SW to 825 feet north of South Grade Road
to Lakewood Terrace by construction of bituminous wear course and appurtenances;
• Project No. 98 -08 4th Avenue NE from Bluff Street NE to High Street NE by construction of storm sewer,
sanitary sewer and services, grading, gravel base, bituminous base, bituminous surfacing
and appurtenances;
Project No. 98 -09 Larson Street SW from Roberts Road SW to 150 feet north of Goebel Street SW by
construction of storm sewer, grading, gravel base, curb and gutter, bituminous base,
bituminous surfacing and appurtenances;
Project No. 98 -10 Century Avenue from Sunset Street SW to TH 15 and TH 15 to Ridgewater College
entrance by construction of sidewalk and appurtenances;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1998.
•
1. Such improvement is hereby ordered as proposed in the resolution adopted the 24° day of March,
2. John P. Rodeberg is hereby designated as the Engineer for this improvement. He shall prepare
plans and specifications for the making of such improvement.
Adopted by the Council this 14' day of April, 1998.
Mayor
City Administrator
A,
RESOLUTION NO. 10998
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
LETTING NO.3 •
PROJECT NO. 9730, 98-04,98-05,98-06, 98 -07, 98 -08, 98 -09, 98 -10
WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of:
Project No. 97 -30 Otter Street SW from South Grade Road to 1240 feet north of South Grade Road (adjacent to
Westridge Shores) by construction of grading, bituminous base, bituminous surfacing and
appurtenances;
Project No. 98-04 Glen Street NW from TH 7 to 5th Avenue NW by construction of storm sewer, sanitary sewer and
services, watermain and services, grading, gravel base, bituminous base, bituminous surfacing and
appurtenances;
Project No. 98-05 Erie Street SE, Huron Street SE and 1st Avenue SE, north of 2nd Avenue SE and east of railroad
tracks by construction of storm sewer, watennain and services, grading, gravel base, curb and gutter,
bituminous base, bituminous surfacing and appurtenances;
Project No. 98-06 Texas Avenue NW from California Street to Huski Addition by construction of bituminous wear course
and appurtenances;
Project No. 98 -07 Lakewood Drive SW from South Grade Road SW to 825 feet north of South Grade Road to Lakewood
Terrace by construction of bituminous wear course and appurtenances;
Project No. 98 -08 4th Avenue NE from Bluff Street NE to High Street NE by construction of storm sewer, sanitary sewer
and services, grading, gravel base, bituminous base, bituminous surfacing and appurtenances; •
Project No. 98 -09 Larson Street SW from Roberts Road SW to 150 feet north of Goebel Street SW by construction of
storm sewer, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing and
appurtenances;
Project No. 98-10 Century Avenue from Sunset Street SW to TH 15 and TH 15 to Ridgewater College entrance by
construction of sidewalk and appurtenances,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA
1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved.
2. The Director of Engineering shall prepare and cause to be inserted in the official newspaper, an
advertisement for bids upon the making of such improvements under such approved plans and specifications. The
advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be publicly
opened at 11:00 am on Friday. May 8' , 1998, in the Council Chambers of the Hutchinson City Center by the City
Administrator and/or Director of Engineering, will then be tabulated, and will be considered by the Council on June 23`°,
1998, in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility
is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of
responsibility. No bids will be considered unless sealed and filed with the Director of Engineering and accompanied by
cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount
of such bid.
Adopted by the Hutchinson City Council this W day of April, 1998.
Mayor
City Administrator
74
•
• PUBLICATION NO. 5148
NOTICE OF HEARING ON PROPOSED IMPROVEMENT
LETTING NO.5
PROJECT NO. 98 -14
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the
,C unct ambers of the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at
- 6:30 P.M. the 14` day of April, 1998, to consider the making of an improvement of Alley in
outh 'h City between Hassan Street SE and Main Street S and 4th Avenue SE and 5th Avenue SE by
construction of grading, gravel base, concrete paving, sidewalk and appurtenances; pursuant to Minnesota
Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is
the benefited property, for which property owners shall receive mailed notice.
The estimated City Cost of said improvement is $125,800.00, with an Assessable Cost of
$45,000.00, for the total estimated cost of $170,800.00.
Such persons as desire to be heard with reference to the proposed improvement will be heard
• at this meeting.
Dated: March 24 1998
A AA ! `v X
City A 6:is rator
PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING,
WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR
COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF
OPINION.
PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, MARCH 31 1998
AND TUESDAY, APRIL 7 1998.
1]
RESOLUTION NO. 10999
RESOLUTION ORDERING IMPROVEMENT
AND PREPARATION OF PLANS AND SPECIFICATIONS
LETTING NO.5
PROJECT NO. 98 -14
WHEREAS, a resolution of the City Council adopted the 24 day of March, 1998, fixed a
date for a Council Hearing on the improvement of: of Alley in Block 50 South 'l City between
Hassan Street SE and Main Street S and 4th Avenue SE and 5th Avenue SE by construction of
grading, gravel base, concrete paving, sidewalk and appurtenances.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. Such improvement is hereby ordered as proposed in the resolution adopted the 24" day
of March, 1998.
2. John P. Rodeberg is hereby designated as the Engineer for this improvement. He shall
prepare plans and specifications for the making of such improvement.
Adopted by the Council this 14"' day of April, 1998.
•
Mayor
City Administrator
RESOLUTION NO. 11000 0
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
LETTING NO.5
PROJECT NO. 98 -14
WHEREAS, the Director of Engineering has prepared plans and specifications for the
improvement of: Alley in Block 50 South' /2 City between Hassan Street SE and Main Street S and
4th Avenue SE and 5th Avenue SE by construction of grading, gravel base, concrete paving,
sidewalk and appurtenances
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made a part
hereof, are hereby approved.
2. The Director of Engineering shall prepare and cause to be inserted in the official newspaper,
an advertisement for bids upon the making of such improvements under such approved plans
and specifications. The advertisement shall be published for three weeks, shall specify the
work to be done, shall state that bids will be publicly opened at 11:00 am on Friday, May 8'",
1998, in the Council Chambers of the Hutchinson City Center by the City Administrator and/or
Director of Engineering, will then be tabulated, and will be considered by the Council on June •
23r 1998, in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota.
Any bidder whose responsibility is questioned during consideration of the bid will be given an
opportunity to address the Council on the issue of responsibility. No bids will be considered
unless sealed and filed with the Director of Engineering and accompanied by cash deposit,
cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of
the amount of such bid.
Adopted by the Hutchinson City Council this 14' day of April, 1998.
Mayor
City Administrator
•
0
C
Hutchinson City Center
Ill Hawn Street SE
Hutchinson, MN 55350.2522
320. 587- 5151/Fa 320.234 -4240
M E M 0 R A N D U Mil
•
L-1
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering/Public Works
RE: Discussion of Surface Water Management Utility by Bob Obermeyer of Barr
Engineering Company
DATE: April 1, 1998
Attached please find a short, draft version of a proposed ordinance related to the implementation of
a Surface Water Management Utility. I have presented Surface Water Management Utility
information to the Council several times, and it appears that we are in the position to finally consider
its implementation. The Council has requested that the consultant be made available to discuss
issues and answer questions. Bob Obermeyer of Barr Engineering Company will be at the Council
meeting. We are planning on approximately a 45 minute presentation prior to the Public Hearings.
typical residential household would generate approximately $120,000 — 180,000 per year to this
fund. These cost could be used to offset the following Operational Costs:
► Storm sewer maintenance (1998 budget: $11,000)
► Crow River dam maintenance (1998 budget: S15, 000)
► Street sweeping (1998 budget -- $75,000)
► Consultant/Professional services for drainage and topography
(1998 budget: 87,0001cut from budget in 1998: 522,500)
Based on our preliminary review, we are assuming that an initial charge of $1.50 per month for a
Some of the funds cut from the 1998 prevented us from reviewing problems that occurred in many
areas of town during the storms of 1997. We really need to find a way to address these problem
areas! We are also going to have rising storm sewer maintenance costs in regards to pond and runoff
maintenance. We will need approximately $50,000 to remove buildup from storm sewer outlets into
Otter Lake, and will need additional funding for storm water detention pond maintenance in the
future.
We are also facing trunk storm sewer improvements in several portions of the city that will require
significant funding. These projects could include regional pond development and are expected to
be hard to assess due to the requirement of showing a 1 -to -1 dollar benefit.
Printedo recycledpaper-
0
These combined budget issues greatly exceed our ability to easily budget, even if the Surface Water
Management Utility is approved. However, the Utility has many benefits, including:
The Utility is a continuous, dedicated source of revenue
The Utility is a "User Fee" based on the use of the surface water system rather than on a
properties assessed value, making it more fair
The Utility would generate revenues from properties that are currently exempt from taxes.
The Utility revenue could be utilized to reduce the need for taxes to cover some operational
costs. This addresses our goal of reducing the dependence on property taxes.
The proposed rate of $4.50 would result in the following typical costs:
Golf Course, undeveloped
Single Family Residential Home
Twin Home
Schools, institutional uses
Churches, mid - density residential
High- density residential/Indust W
Commercial/Business
$2.50 /acre /month
$1.50 /month
$3.00 /month
$10.00 /acre /month
$12.50 /acre /month
$17.50 /acre /month
$22.50 /acre /month
Based on the information presented at the Council meeting, we would like a motion recommending
approval for preparing the ordinance, and holding the required public hearings.
cc: Bob Obermeyer, Barr Engineering
file: Surface Water Management Plan
U
• SEC. 3.50. RULES AND REGULATIONS RELATING TO SURFACE
WATER MANAGEMENT
Subd. 1. Surface Water Management Utility Established
A municipal surface water management utility is hereby established and shall be operated as a
public utility pursuant to Minnesota Statute 444.075. Revenues from the utility shall be used
to fund the Surface Water Management Budget as defined below.
Subd.2. Definitions
"Residential Equivalent Factor (REF)" is defined as the ratio of the average volume of
runoff generated by one acre of a particular land use compared to the average volume of
runoff generated by one acre of a typical single - family residential parcel, assuming Soil
Conservation Service (SCS) Type B soil conditions during a one -year rainfall event, all as
determined by the City Engineer.
2. "Surface Water Management Budget" is defined as the annual budget approved by the
City Council for surface water management, including but not limited to; planning
monitoring, prevention, maintenance, land acquisition, capital expenditures, personnel and
equipment.
3. "Surface Water Management Fee" is defined as the charge for each parcel of non - exempt
• property in the City for management of surface water.
a) The REF for particular land uses are as follows:
"M
1 Cemetery, Golf Course, agricultural areas served by municipal utilities 0.5
2 Single - Family, 2- Family Residential 1.0
3 Public/Private Schools, Institutional Uses 2.0
4 Medium - Density Residential/Churches 2.5
5 High- Density Residential, Industrial, Railroad Rights -of -Way 3.5
6 Business/Commercial 4.5
b) The surface water management fee for a single - family residential property shall be
calculated based on a typical 1/3 acre parcel. A 2- family residential property shall be
calculated based on a typical 2/3 acre parcel.
c) Other land uses not listed in the foregoing table shall be classified by the City Engineer
based on runoff volumes for standard rainfall events.
•
Subd.4 Exemptions
The following land uses are exempt from the surface water management fee: .
a) Public rights -of -way
b) Lakes and delineated wetlands
c) City Property
d) Agricultural areas not served by municipal utilities
Subd. 5. Credits for On -Site Storm Water Detention
A parcel may be credited for up to 50% of the Surface Water Management Fee for on -site
measures which are owned and maintained by the applicant which limit storm water outflow
rates from the site, and/or which effectively reduce the outflow of pollutants from the site.
a) Procedure for Calculation of Storm Water Detention Credits for Runoff Rates
If storm water detention ponds limit peak outflow rates during the noted 24 -hour rainfall
events to the pre- development rates, the referenced credits will be applicable. Runoff
rates will be determined using SCS TR -55, or other approved method, for the critical
duration storm events noted below:
Storm Event Pond Credit
5 -year 14%
10 -year 18%
25 24%
50 27%
100 -year 31%
b) Procedure for Calculation of Water Quality Treatment Credits
Credits will be based on the actual percentage of total suspended solids (TSS) removal
efficiency for the following rates.
Efficiency rate Credit
55% to 80 % sediment removal 13%
80 %+ sediment removal 19%
The TSS removal efficiency shall be calculated using one of the following methodologies:
- Desien Calculations for Wet Detention Ponds (W. Walker, 1987a)
- P8 Urban Catchment Model IEP, Inc. (W. Walker)
- P ondNet (W. Walker)
- information on these are available on Walker's Web Site at
www2.shore.net/—wwwatker/index-htm
Subd. 6. Fees and Rates
1. Setting of Rates
Rates shall be determined from time to time by Council Resolution
2. Payment of Fees
The surface water management fee shall be billed monthly in coordination with
the municipal utility billing •
• 3. Appeal of Fee
The City Council will review written appeals from property owners that
believe a particular fee is incorrect.
Certification of Delinquent Fees
Does the current utility billing process have a policy to deal with this?
City's Right to Inspect
G: IENVIRONOo mCod.do
i
C
• The city of Hutchinson plans to undertake a surface water management program. To pay for the
costs of this program, the city plans to implement a Surface Water Management Utility.
What Is a surface Water
Management Utility?
Similar to sanitary sewer and water utilities,
surface water management utility fees are
based on contribution rather than property
values. Fees are related to the amount of
rainfall that drains away or runs off land
rather than soaking into the ground. The
more runoff, the greater the impact on
surface waters, therefore, the greater the
charge.
Why Does Hutchinson Need a
Utility?
To provide a continuous, dedicated source
of revenue essential for managing lakes,
water quality /quality basins and wetlands
in the City, and to maintain and improve
these same areas.
Benefits
•
• Improved Lake Water Quality
• Wetland Protection
• Flood Protection
• Erosion & Sediment Control
• Conveyance System Maintenance
• Maintenance of Water Quantity /Quality
Basins
Who Else is Using This
Approach?
C�
The utility approach has gained acceptance
locally as evidenced by the number of
communities already using a stormwater utility
including.
• Roseville
• Bloomington
• Eagan
• Edina
• Eden Prairie
• St. Paul
• Fridley
• Shakopee
• Wayzata
• Chanhassen
2343010 \68242 -UYMI3
Costs
On an annual basis, the city could be
based with costs exceeding $125,000 if
water quality and surface water
management issues are to be properly
addressed. The monthly fees associated
with funding a program of this size, for
different property type may be:
Single Family
$1.50/lot
Residential
(1/3 acre)
Commerical/Business
$22.50/acre
Undeveloped, Parks
Cemeteries, Golf &urses
$2.50/acre
Churches Mid- Density
Residential
$12.50/acre
Twin Homes
$3.00/umt
Schools, Institutional Uses
$10.00/acre
High - Density
$17.50/acre
ResidentiaU Industrial
0
The Utility or user charge places costs on contributors of runoff and water quality impacts, on a
proportional basis. All properties pay, including churches, schools and government parcels.
Paths, Cemeteries and
Golf Coyrses
•
R esiderrda 1
Vacant
Vacant Industrial
Comm.
General Taxes
Residential
Commercial &
Industrial
Utility Funding
•
Churches,
Schools &
Gov. Buildings
Programs to be Funded by Utility
• Wetland enhancement and maintenance
• Street sweeping
• Removal of accumulated sediment from lakes, water quantity /quality basins
✓ Surface water management practices and ordinance implementation and enforcement
• Detention basin and stormwater conveyance system construction
• In -place drainage system maintenance and reconstruction
• Sedimentation basin maintenance
• Address localized drainage problems
✓ Ditch and culvert maintenance
2343010 \68242 -1/YMH
• THE UNDERSIGNED PERSONS PETITION THE CITY OF HUTCHINSON,
THE LYNN TOWN BOARD AND THE MCLEOD COUNTY COMMISSIONERS,
TO WORK TOGETHER TO PERFORM THE FOLLOWING WORK ON OTTER
ST. S. W. WITHIN THE HUTCHINSON CITY LIMITS.
RE -APPLY THE ORIGINAL ELEVATIONS THAT WERE PRESENT BEFORE
ANNEXATION. THE CURRENT PROFILE IS A HIGH MAINTENANCE ITEM AS
WELL AS A TRECHEAROUS SAFTY PROBLEM IN THE WINTER. DRIFTING
SNOW CONSTANTLY CAUSES A NARROWING OF THE ROADWAY. WITH
LIMITED VISIBILITY, IT IS NOT POSSIBLE TO SEE ON- COMING TRAFFIC.
THE SOUTH SECTION, TEEING INTO SOUTH GRADE IS SO LOW THAT
TRAFFIC VISIBILITY FROM THE WEST IS GREATLY IMPAIRED AND
TOTALLY OBLITERATED BY THE HILL TO THE WEST JUST PRIOR TO THE
INTERSECTION, ESPECIALLY WHEN THERE ARE SNOW BANKS. THE
MIDDLE SECTION IS SO LOW THAT SNOW IS CONSTANTLY DRIFTING AND
BLOCKING THE ROAD.
THERE ARE 14 HOMES WITH APPROXIMATLY 30 PLUS PEOPLE LIVING
ON THE NORTH SECTION. THIS IS THE%tONLY ROUTE OUT.
INSTALL A RIGHT HAND TURN LANE INTO OTTER ST SW FROM SCHOOL
ROAD. THIS TURN IS BEING EXECUTED IN A NO- PASSING ZONE, AND A
• TURNING VEHICLE CAUSES TRAILING VEHICLES TO PULL OVER INTO ON
COMING TRAFFIC. THIS HAS BECOME AN INCREASING PROBLEM WITH
THE INCREASE IN TRAFFIC.
WE ARE REQUESTING THAT THESE CHANGES BE IMPLEMENTED PRIOR
TO FURTHUR WORK ON THIS ROAD.
1.
3.
4.
5.
6.
7.
8.
•
d'
0
9.
ic
11
1i
I/
13.4
14.
is.
11.1
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
0
•
0 0
0
#1=
Virgil
& Virginia Wegscheid
#2 =Boyd
Welch
#3=
Lowell
& Wanda Brecht
#4 =Alma
Boller
#S =Carla
Dummer
#6 =Fred
&
Darlene
Schmoll
191 x 1 x,1 F
20
7 1 18 l 191 110
II
CITY PROPERTY
6 � 15 16 17
#7 =David Steinle
#8 =John & Jolene Landfair
#9 =Dan Kable
#10 =John Okonski
#11 =Bob & Judy Geary
#12 =Scott Hays
#13= Russell & Theresa Barrick
� 18
21 113
#1 4=
#1 5=
#16=
#1 7=
#18 =Ron Hansen
#19= Datlof Weslow
#20 =Dale Redetske
14
Cn
0
C
w
CL
cn
0
Note: This shows how many homes are effected by this road.
0
APR 1 3 1998
CI fjr Hu i Uh+NSON
Lynn Township
•
At the April meeting of the Lynn Town Board, Virgil Wegscheid
was present to inform the board about a petition from the
residents of Otter Street. The residents are very concerned
t about the change in the road elevation causing a lot of drifting
of snow in the winter time making it a safety issue. After the
city annexed this land from Lynn Township the land was plotted
out and the elevation changed. The residents want to re -apply
the original elevation that was present before the annexation.
This letter is to inform you that the Lynn Town Board gives
their full support on this petition.
Cheryl Bleil
Clerk, Lynn Township
e
s
•
1
Hutchinson City Center
CI
r� L
•
DATE: April 14, 1998
111 Hawn Street SE
Hutchim a, MN 55350-2522
320 - 587- 51511Fm 320-234 -4240
TO: Mayor and City Council
FROM: Randy DeVries, Director of Water/Wastewater
RE: Letting No. 6, Project No. 98 -16
Demolition of Old Wastewater Treatment Plant
Bids on the above referenced project were opened on April 13, 1998 and the following
bids were received:
Structural Specialties, Inc. of Hutchinson MN $49,488.00
Diamond Five Construction of Hutchinson MN $54,000.00
Max Steininger Inc of Eagan MN $59,900.00
Veit & Co Inc $83,619.00
Landwehr Const Co $98,500.00
The low bidder was submitted by Structural Specialties Inc. Staff has reviewed all
submittals required in the Bid Documents and found them to meet requirements. I
recommend that Letting 6/1roject No. 98 -16 be awarded to Structural Specialties, Inc.
0 _ /q'
Printed on recycled paper -
-.
APR -14 -96 14:05 FrwRUST E L I
6125512499 T -119 P, 01/01 Job -076
MWINFRASTECTURE
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City of Hutchinson, 111 Hassan St SE, Hutchinson MN 55350 (320 -587 -5151)
BID TABULATION
LETTING NO. 6 PROJECT NO. 98-16
COMPLETION: 5 -13 -1998 ENGINEER'S ESTE%1ATE $ NA
BID OPENING DATE: 4-13 -1998 BIDS OPENED AT 2:00 PM
NAME AND ADDRESS
TELEPHONE
FAXIWATS
SURETY
ADDENDIIMS
AMOUNT'
Landwehr Consturction Inc
846 South 33r St, P O Box 1086
BB
1 & 2
$98,500.00
St Cloud MN 56302
320- 252 -1494
320- 252 -2380
Structural Specialties Inc
20498 Hwy 15 N, P O Box 502
BB
1 & 2
49, 488.00
Hutchinson MN 55350
320 -587 -6719
320- 587 -0838
Diamond Five Construction
20718 Hwy 7 West
BB
1 & 2
54,000.00
Hutchinson MN 55350
320 -587 -7121
Mathiowetz Construction Cc
RR 2, P O Box 84
Sleepy Eye MN 56085
507- 794 -6953
507 -794 -3514
J & D Enterprises
5197 Lavaque Rd
uth MN 55803
218 - 729 -9105
218- 729 -7296
AC Metro
8830 Xylite St NE
Blaine MN 55449
612 -786 -1071
612- 786 -1171
Veit & Co., Inc.
1400 Veit Place
BB
1 & 2
83, 619.00
Rogers MN 55374
612428 -2242
612 -528 -8348
Max Steininger Inc
3070 So. Lexington Ave
BB
1 & 2
59, 900.00
Eagan MN 55121
612 -454 -6620
612 -454 -6716
Dirtworks 2000 Inc
1960 Oak Grove Rd SW
St Claud MN 56301
320 -259 -4900
320- 259 -4970
int: 1 set
try File: L6198 -16 I set
t—
MINUTES
BID OPENING
MONDAY, APRIL 13, 1998
Finance Director Kenneth B. Merrill called the bid opening to order at 2:00 p.m. Also
present were Director Randy DeVries, Engineering Project Inspector Quentin Larson and
Administrative Secretary Marilyn J. Swanson.
The reading of Publication No. 5149, Advertisement for Bids, Letting No. 6, Project No.
98 -16, was dispensed with. The Addendums No. 1 and No. 2 were acknowledged, and
the following bids were opened and read:
Landwehr Construction Inc.
St. Cloud, MN $98,500.00
Structural Specialties Inc.
Hutchinson, MN 49,488.00
Diamond Five Construction
Hutchinson, MN 54,000.00
Veit & Co., Inc.
Rogers, MN 83,619.00
Max Steininger Inc.
Eagan, MN 59,900.00
The bids were referred to staff for review and a recommendation.
The bid opening closed at 2:10 p.m.
71 t
•
n
LJ
•
DATE: April 9, 1998
• TO: Mayor Marlin Torgerson and City Council Members
FROM: Dick Lennes - HCDC Executive Director
RE: Considerations for Industrial Park Development
Please review the following information prior to the City Council meeting on April 14th. These items
will be on the agenda for that evening. If you have any questions or want better clarification of any
of the items listed please let me know.
McGraw Donation.
Donation of seven acres of land in the Industrial Park by Ronald McGraw. McGraw is ready
to donate seven acres of land on the corner of Michigan St. and 2nd Avenue in the Industrial Park.
The conditions for his gift would be the forgiveness of approximately $52,198.00 of deferred assess-
ments and forgiveness of the delinquent taxes of approximately $4,825.00. The closing date estab-
lished for this transaction is May 1, 1998. This transaction has been considered favorably by the
HCDC Industrial Park Development Team, HCDC Finance Team and HCDC Board of Commission-
ers. In addition, Don Erickson, as a representative of the Council and Board of Commissioners and
Gary Plotz, have been involved in working with McGraw in making this a reality. It comes to the
Council with full support of the EDA.
2. Purchase of the two acre parcel owned by Leonard Miller.
• The purchase of approximately two acres owned by Leonard Miller is an opportunity to
enhance the donation of the Ron McGraw property. The purchase would square off a rectangular
piece of land that makes it more conductive for development in the Industrial Park. The purchase
would be for #30,000.00 net with the EDA absorbing the closing costs on this property. The
Leonard Miller purchase amounts to $15,000.00 per acre which is within the appraisals that we've
had on similar property. The Goebel property is considered a good comparison because it has full
City services adjacent to the property and a finished road. The appraisal on that property is almost
$20,000.00 per acre. Just as the McGraw property has gone through all the committees with
favorable action, the Leonard Miller property has been endorsed as a desirable purchase. Council
person, Don Erickson, and City Administrator, Gary Plotz, have been involved in this transaction.
3. Purchase of Allied Properties.
For quite some time HCDC has been working with the Industrial Park Development Team,
Finance Team, and the Board to allow for expansion of the Business Park concept in the Industrial
Park. Dick McClure is a key player in building rental properties for industry on the corner of 5th
Avenue and Arch St. next to the 5th Avenue bridge. The Industrial Park Development Team has laid
out a total concept that would involve several properties in the future. The purchase of the Allied
Properties 1.06 acres in a logical first step to making properties available for this purpose. The
intention would be for the EDA to hold title on the property and make it available at some future
date to a developer to continue with the design that is laid out for the Business Park concept. At
that time a nine year economic development district would be established and a land writedown
• would be available to comply with the existing City policy. It is recommended by all of the HCDC
entities to move ahead with the purchase of the Allied Property at a price of $20,000.00. Again, this
is in compliance with the comps. that we have on the formal appraisals of properties in the Industrial
Park. The closing date is scheduled for May 1, 1998. '
4,
4. Proposed Resolution.
Attached is a proposed resolution which would provide the funding for the costs involved •
with items numbers 1, 2, and 3 of this memo. The money that is being asked to transfer in the
amount of $91,953.00 plus interest is a result of the sale of previous properties in the Industrial
Park. You can see that the $300,000.00 of money that was committed by the City will still be in tact
and used for other purposes and remain in control of the City. It is recommended that City Council
consider affirmative action on the proposed resolution.
46
E
RECE.
ARNOLD, ANDERSON & DOVE
• PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
Mr. Gary D. Plotz
Hutchinson City Center
111 Hassan Street SE
Hutchinson, Mn. 55350
Re: HCDC/Miller - McGraw Farm Purchase
Our File No. 3188 -98370
Dear Cary
.1PR 14 19y -i
OF COUNSEL
ARTHUR L. DOTEN
5881 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545.9000
FAX (612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(6 121 389-221 4
FAX (81 2) 389 -5508
I am enclosing herewith a Bare Ground Purchase Agreement which will be needed at the City Council meeting
on Tuesday evening. There may be some minor changes In this Agreement but I expect the broad outlines of
• this transaction will remain the same. Essentially, the City is acquiring the parcel of real estate located at the
intersection of 2 n° Avenue and Michigan Street known as the Miller farm. Mr. and Mrs. Miller or their Trust is
retaining a small portion of the real estate. The property has been surveyed but as of the preparation of this
correspondence and purchase agreement (Monday) I have not yet received the legal description and survey
from Pellinen Land Surveying. I expect to receive It either today or tomorrow.
I believe you either have or will receive information from the EDA regarding acquisition which reflects some
history and background but essentially the deal is that Mr. and Mrs. Miller or their Trust will receive the sum of
$30,000.00 net for their interest in the property and Mr. McGraw will donate the 7 acres that he owns by way
of an unrecorded document (presumably a Contract for Deed) provided the City agrees to assume
responsibility for assessments and taxes. it should be noted that this purchase agreement does otot require the
City to relieve the property of the present assessment or tax burden since the issue of what will be done with
the taxes or assessments will be addressed at some later date when development of the site occurs.
I assume that Mary Beth will circulate the agreement among the interested parties although I am taking the
liberty of mailing a copy to Ron McGraw's office for his review. I understand he is out of town until Thursday
and so other signatures may not be secured until that time.
If you have any questions regarding this Bare Ground Purchase Agreement, please do not hesitate to contact
me. Thank you. A
Very truly
G. Baby Anderson
• GBA:jm
cc: Ron McGraw
Mary Beth Schaufler
) !5 (14,2-)
4,2-)
'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
101 PARK PLACE
DAVID B, ARNOLD'
HUTCHINSON, MINNESOTA 55350-2563
STEVEN A- ANDERSON
G. BARRY ANDERSON'
(320) 587 -7575
LAURA K. FRETLAND
FAX (320) 587 -4096
PAUL D. DOVE'*
JANE VAN VALKENBURG
RESIDENT ATTORNEY
RICHARD G. McGEE
G. BARRY ANDERSON
CATHRYN D. REITER
WALTER P. MICHELS. III
JAMES UTLEY
'ALSO ADMITTED IN TEXAS AND NEW YORK
April 13, 1998
Mr. Gary D. Plotz
Hutchinson City Center
111 Hassan Street SE
Hutchinson, Mn. 55350
Re: HCDC/Miller - McGraw Farm Purchase
Our File No. 3188 -98370
Dear Cary
.1PR 14 19y -i
OF COUNSEL
ARTHUR L. DOTEN
5881 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545.9000
FAX (612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(6 121 389-221 4
FAX (81 2) 389 -5508
I am enclosing herewith a Bare Ground Purchase Agreement which will be needed at the City Council meeting
on Tuesday evening. There may be some minor changes In this Agreement but I expect the broad outlines of
• this transaction will remain the same. Essentially, the City is acquiring the parcel of real estate located at the
intersection of 2 n° Avenue and Michigan Street known as the Miller farm. Mr. and Mrs. Miller or their Trust is
retaining a small portion of the real estate. The property has been surveyed but as of the preparation of this
correspondence and purchase agreement (Monday) I have not yet received the legal description and survey
from Pellinen Land Surveying. I expect to receive It either today or tomorrow.
I believe you either have or will receive information from the EDA regarding acquisition which reflects some
history and background but essentially the deal is that Mr. and Mrs. Miller or their Trust will receive the sum of
$30,000.00 net for their interest in the property and Mr. McGraw will donate the 7 acres that he owns by way
of an unrecorded document (presumably a Contract for Deed) provided the City agrees to assume
responsibility for assessments and taxes. it should be noted that this purchase agreement does otot require the
City to relieve the property of the present assessment or tax burden since the issue of what will be done with
the taxes or assessments will be addressed at some later date when development of the site occurs.
I assume that Mary Beth will circulate the agreement among the interested parties although I am taking the
liberty of mailing a copy to Ron McGraw's office for his review. I understand he is out of town until Thursday
and so other signatures may not be secured until that time.
If you have any questions regarding this Bare Ground Purchase Agreement, please do not hesitate to contact
me. Thank you. A
Very truly
G. Baby Anderson
• GBA:jm
cc: Ron McGraw
Mary Beth Schaufler
) !5 (14,2-)
4,2-)
'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
• BARE GROUND PURCHASE AGREEMENT
THIS BARE GROUND PURCHASE AGREEMENT is made and entered into this day
of April, by and between the Hutchinson Community Development Commission, a division of the City of
Hutchinson (Buyer) and Leonard G. Miller and Miriam L Miller (as to Certificates of -Title 6231 and 6232) and
Miriam L. Miller as trustee of the Leonard and Miriam L. Miller Trust (as to CertrfiZate No. 6230) and R.J.
McGraw and Kathleen McGraw (Sellers).
RECITALS:
1. Sellers desires to sell the real estate described on attached Exhibit "A' which is incorporated
herein as if fully set out.
2. R.J. McGraw and Kathleen McGraw desire to donate to the Hutchinson Community
Development Commission, a division of the City of Hutchinson, their Interest in 7 acres of the property
described on attached Exhibit 'A', which 7 acres was purchased by way of unrecorded documentation, and
which donation is subject to certain conditions and restrictions as hereinafter set forth.
3. The Hutchinson Community Development Commission, a division of the City of Hutchinson,
desires to accept the donation and purchase of said property and the parties hereto have now reduced their
agreement in writing.
NOW THEREFORE, forgood 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 OF DONATED LAND McGraw agrees to donate to the
Hutchinson Community Development Corporation (HCDC) and HCDC agrees to accept the donation of
certain real estate described on attached Exhibit 'B' which is incorporated herein as if fully set out.
McGraw's donation of said land is expressly conditioned upon acceptance of the donation by HCDC and the
agreement of the City of Hutchinson that McGraw and all owners of the land described on attached Exhibit
'A' shall be held harmless from any and all tax obligations associated with the property, whether current or
delinquent, and shall also be held harmless from any and all assessments now imposed or to be imposed
on the properly described on attached Exhibit *A ".
2. PRICE AND TERMS The price for the real property included in this sale is Thirty Thousand
and no /100 Dollars ($30,000) to be paid in cash at the time of closing. Within thirty (30) days following
execution of this agreement, buyer shall furnish to sellers the sum of One Hundred and no /100 Dollars
($100.00) as and for earnest money for this purchase agreement and shall receive a credit for said amount
at the time of closing.
3. DEED AND MARKETABLE TITLE Upon performance by Buyer, Sellers shall execute and
deliver a general warranty deed joined in by spouse, if any, conveying marketable title, subject to:
•
(a) building and 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 Stale of Minnesota;
(d) utility and drainage easements which do not interfere with existing Improvements;
(e) exceptions to trite 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 AND ASSESSMENTS All real estate taxes due and payable in and for the
year of closing, and all delinquent real estate taxes, if any, shall be the responsibility of Buyer and Sellers
shall, collectively, be held harmless from any obligation associated with said taxes or assessments.
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 Sellers notify Buyer of such damage, during which twenty
one (21) day period Buyer may inspect the real property, and in the event of such rescission, the earnest
money shall be refunded to Buyer.
6. BOUNDARY LINE. ACCESS, RESTRICTIONS AND LIEN WARRANTIES Sellers warrant that
there is a right of access to the real property from a public right of way. Sellers warrant that there has been
no labor or material furnished to the property for which payment has not been made. Sellers warrant that
there are no present violations or any restrictions relating to the use or improvement of the property.
7. DISCLOSURE OF NOTICES Sellers have 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, Sellers have 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,
Sellers shall furnish Buyer with an Abstract of Title or a Registered Property Abstract certified to date
Including proper searches covering bankruptcies and State and Federal judgments, liens and levied and
pending special assessments. Buyer shall have ten (10) business days after receipt of the Abstract of Title
or Registered Property Abstract either to have Buyer's attorney examine the title and provide Sellers with
written objections or at Buyer's own expense, to make an application for a Title Insurance Policy and notify
Sellers of the application. Buyer shall have ten (10) business days after receipt of the Commitment foi Title
Insurance to provide Sellers with a copy of the Commitment and written objections. Buyer shall be deemed
to have waived any We objection not maae within the ten (10) day period, except that this shall not operate
as a waiver of Sellers' covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not
specified above.
9. TITLE CORRECTIONS AND REMEDIES: Sellers shall have 120 days from receipt of Buyer's
written title objections to make title marketable. Upon receipt of Buyer's title objections, Sellers shall, within
ten (10) business days, notify Buyer of Sellers' 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 Sellers 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 Sellers 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 Dosing date, whichever is later.
(B) If notice is given and Sellers 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 Sellers,
neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to
Buyer.
(C) If Sellers do 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 Sellers' failure to proceed in good faith, Buyer may
seek, as permitted by law, one or more of the following:
Proceed to dosing without waiver or merger in the deed of the objections to title and without i
waiver of any remedies, and may. (a) seek damages, costs, and reasonable attomeys' fees
• from Sellers 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 providecLherein, in which case the
purchase agreement shall be void and all earnest money paid hereunder shall be refunded
to Buyer.
3. Damages from Sellers together with costs and reasonable attomeys' fees, as permitted by
law;
4. Specific performance within six months after such right of action arises.
(D) If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the
agreements herein, Sellers mayelect either of the following options as permitted by law:
Cancel this contract as provided by statute and retain all payments made hereunder as
liquidated damages. The parties acknowledge their intention that any note given pursuant
to this contract is a down payment note, and may be presented for payment notwithstanding
cancellation;
2. Seek specific performance of this agreement within six months after such right of action
arises, including costs and reasonable attomeys' fees, as permitted by law.
(E) If title is marketable, or is made marketable as provided herein, and Sellers defaults in any of the
agreements herein, Buyer may, as permitted by law:
• 1. Seek damages from Sellers including costs and reasonable attomeys' fees;
2. Seek performance within six months after such right of action arises.
10. ENVIRONMENTAL CONTINGENCY: Buyer shall have the right to enter upon the property,
at any reasonable time and with adequate notice to Sellers a visual Inspection and for the purpose of
conducting such environmental, engineering, surveying and other investigations or testing as Hutchinson
considers necessary. Buyer shall () deliver to Sellers a waiver of lien executed by any part or entity
conducting any Investigation or testing on Buyer's behalf on the property (i) conduct all Investigation or
testing in compliance with applicable governmental rules, laws and regulations oil) repair or restore any
damage or disturbance to the property caused by investigation or testing conducted by or on behalf of Buyer
and (iv) indemnity and hold Sellers, and Sellers' successors and assigns, harmless from any claim, action,
liability or demand and in any way arising from or related to the investigation or testing conducted on the
property. The indemnification by Buyer shall not extend to any environmental condition on the property
which existed prior to Buyer's Investigation or testing. Buyer's obligations under this purchase agreement
are contingent upon satisfactory testing results pursuant to this paragraph. This contingency shall be
deemed waived unless Buyer gives written notice to Seller of Buyer's desire to avail itself of this contingency
on or before May 1, 1998.
11. ASSIGNMENT: This purchase agreement shall be fully assignable by either party.
12. NOTICES: Notices under this agreement shall be sent to the following addresses:
If to Sellers: Ronald and Kathleen McGraw
102 Main Street S.
Citizens Bank Building
Hutchinson, Mn. 55350
If to Buyers: Hutchinson Community Development Commission - EDA •
Hutchinson City Center
111 Hassan Street SE
Hutchinson, Mn. 55350
With a copy to: G. Barry Anderson, City Attomey — —
ARNOLD, ANDERSON & DOVE, PLLP
101 Park Place
Hutchinson. Mn. 55350
13. MINNESOTA LAW: This contract shall be govemed by laws of the Stale of Minnesota.
14. WELL DISCLOSURE AND INDIVIDUAL SEWAGE TREATMENT SYSTEM DISCLOSURE:
Sellers certify that Sellers know of no wells or individual sewer systems on the property.
15. DATE OF CLOSING: Unless otherwise agreed by the parties, or unless otherwise required
by this agreement because of title defects or other contingencies, this transaction shall close at the offices
of McLeod County Title Services, LLC on or before May 1, 1998.
18. C Q LOSING COSTS All closing costs exclusive of Sellers' attomey's fees shall be bome by
the Buyer.
written.
IN WITNESS WHEREOF the parties hereto have set their hands the year and date first above
CITY OF HUTCHINSON
Ronald J. McGraw
Kathleen McGraw
Leonard G. Miller
Miriam L. Miller
Miriam L. Miller as trustee of Leonard &
Miriam L. Miller Trust
By:
Its Mayor
City Administrator
HUTCHINSON COMMUNITY DEVELOPMENT
COMMISSION - EDA
Donald Walser, President
E
0
Hutchinson Community
Development Commission — an EDA
PROPOSED
.RESOL UTION-
Recommend the City Council transfer an amount of
$91,953. plus interest to the EDA from the Economic
Development Loan fund to be used for Industrial Park
development. It is also recommended that the EDA be
authorized to purchase or improve property in the Industrial
Park within the limitation of resources available.
Background: The $91,953. was generated through
Industrial Park land sales as follows:
Impressions Incorporated $ 18,342.
Plastic Specialties 39,528.
3D CNC 12,790.
Solitra 21,293.
The purpose of the transfer is to provide funds for the EDA
to expand and improve the Industrial Park. Acquisition
of the two parcels (Miller & Allied Mechanical) will be the
short -term use of the funds.
In addition, the City Council approved $300,000. for
Industrial Park Development. It seems prudent to keep the
$300,000. in a city fund until settlement has been reached
on the Wetherell property with the City of Hutchinson.
0
BARE GROUND PURCHASE AGREEMENT
THIS BARE GROUND PURCHASE AGREEMENT is made and entered into this _
day of April, by and between Allied Properties of Hutchinson, a Minnesota partnership, (Seller) and
the Hutchinson Community Development Commission, a division of the City of Hutchinson, a
Minnesota municipal corporation (Buyer).
RECITALS:
1. Seller desires to sell the following described real estate:
Lot 5,Block t, Swanson's Subdivision, Hutchinson Industrial District
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 and personal property included in this sale
is Twenty Thousand and no /100 Dollars ($20,000.00), to be paid in cash at the time of closing.
Within thirty (30) days following execution of this agteement, Buyer shall furnish to Seller the sum
of One Hundred and no/100 Dollars ($100.00) as and for earnest money for this purchase agreement
and shall receive a credit for said amount at the time of closing.
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 and 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 ASSESSMENT ASSESSMENT Real estate taxes due and payable in
and for the year of closing shall be pro rated between Seller and Buyer on a calendar year basis to the
• actual date of closing, unless otherwise provided in this agreement. Real estate taxes due and payable
in the years preceding the year of closing shall be paid by Seller. Seller shall pay on the date of
closing all installments of special assessments either certified for payment with the real estate taxes
due and payable in the year of closing or levied or pending as of the date of this agreement. As of i
the date of this agreement, Seller represents that Seller has not received a notice of hearing of a new
public improvement project from any governmental assessing authority, the costs of which project
may be assessed against the property. If a special assessment becomes pending after the date of this
agreement and before the date of closing, Buyer may, at Buyer's option:
(a) assume payment of the pending special assessment without adjustment to the purchase price of
the property; or
(b) require Seller to pay the pending special assessment and Buyer shall pay a commensurate increase
in the purchase price of the property, which increase shall be the same as the estimated amount of the
assessment; or
(c) declare this agreement null and void by notice to Seller and earnest money shall be refunded to
Buyer.
Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any
unpaid special assessments, the payment of which is not otherwise provided for herein. Seller makes
no representation concerning the amount of future real estate taxes or of future special assessments.
Seller warrants that the taxes due and payable in the year 1998 will be full homestead classification.
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 (2 1) 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 rescission, the earnest money shall be refunded to Buyer.
6. BOUNDARY LINE ACCESS RESTRICTIONS AND LIEN WARRANTIES 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 NOTI CES , 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 TM,E Within a reasonable time after the acceptance of this
agreement, Seller shall furnish Buyer with an Abstract of Title or a Registered Property Abstract
certified to date including proper searches covering bankruptcies and State and Federal judgments,
liens, and levied and pending special assessments. Buyer shall have ten (10) business days after
receipt of the Abstract of Title or Registered Property Abstract 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 specified above.
9. TITLE CORRECTIONS AND REMEDIE 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 tom 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:
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 (I)
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.
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.
(D) If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of
the agreements herein, Seller may elect either of the following options as permitted by law:
1. Cancel this contract as provided by statute and retain all payments made hereunder
• as liquidated damages. The parties acknowledge their intention that any note given
pursuant to this contract is a down payment note, and may be presented for payment
notwithstanding cancellation;
2. Seek specific performance of this agreement within six months after such right of
action arises, including costs and reasonable attorneys' fees, as permitted by law.
(E) If title is marketable, or is made marketable as provided herein, and Seller defaults in any of
the agreements herein, Buyer may, as permitted by law:
Seek damages from Seller including costs and reasonable attorneys' fees;
2. Seek performance within six months after such right of action arises.
10. ENVIRONMENTAL CONTINGENCY: Buyer shall have the right to enter upon the
property, at any reasonable time and with adequate notice to Seller a visual inspection and for the
purpose of conducting such environmental, engineering, surveying and other investigations or testing
as Hutchinson considers necessary. Buyer shall (i) deliver to Seller a waiver of lien executed by any
part or entity conducting any investigation or testing on Buyer's behalf on the property (ii) conduct
all investigation or testing in compliance with applicable governmental rules, laws and regulations (iii)
repair or restore any damage or disturbance to the property caused by investigation or testing
conducted by or on behalf of Buyer and (iv) indemnity and hold Seller, and Seller's successors and
assigns, harmless from any claim, action, liability or demand and in any way arising from or related
to the investigation or testing conducted on the property. The indemnification by Buyer shall not
extend to any environmental condition on the property which existed prior to Buyer's investigation
or testing. Buyer's obligations under this purchase agreement are contingent upon satisfactory testing
results pursuant to this paragraph. This contingency shall be deemed waived unless Buyer gives
written notice to Seller of Buyer's desire to avail itself of this contingency on or before May 31, 1998.
11. ASSIGNMENT: This purchase agreement shall be fully assignable by either party.
12. NOTICES: Notices under this agreement shall be sent to the following addresses:
If to Seller: Allied Properties of Hutchinson
340 Michigan Street S.E.
Hutchinson, Mn. 55350
If to Buyer: Hutchinson Community Development Commission -EDA
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
With a copy to: G. Barry Anderson, City Attorney
ARNOLD, ANDERSON & DOVE, PLLP
101 Park Place
Hutchinson, Mn. 55350 •
G
0
13. MINNESOTA LAW: This contract shall be governed by laws of the State of Minnesota.
14. WELL DISCLOSURE AND INDIVIDUAL SEWAGE TREATMENT SYSTEM
DISCLOSURE: Seller certifies that Seller knows of no wells or individual sewer systems on the
property.
15. DATE OF CLOSING: Unless otherwise agreed by the parties, or unless otherwise
required by this agreement because of title defects or other contingencies, this transaction shall close
at the offices of McLeod County Title Services, LLC on or before A�
IN WITNESS WHEREOF the parties hereto have set their hands the year and date first above
written.
ALLIED PROPERTIES OF HUTCHINSON
HUTCHINSON COMMUNITY
DEVELOPMENT COMMISSION -EDA
M
Donald Walser, President
0
MARILYN M SWANSON
From:
JAMES MARKA
Sent:
Friday, March 06, 1998 4:46 PM
GARY D PLOTZ; MARILYN M SWANSON
c:
Barry Anderson; BONNIE J BAUMETZ; KENNETH B MERRILL; MARK HENSEN; MARY
BETH SCHAUFLER
Subject:
Augusta TIF district
Cary Osbo
TIF district.
the next Cc
It is my unc
Thanks!
with Auausta Coro will be faxing a writtten reauest to remove Phase two of
the lot split has been recorded. Bonnie, please verify.
Court Apts from the
rmi . Please place on
El
0 1
v
• 511 Colfax Street Box 367 Office: (715) 286 -5003
Augusta, Wisconsin 54722 Brian Solsrud ext 230
Fax: (715) 286 -2850 Cary Osborn ext 232
David Wood ext 240
March 10, 1998
VIA: FAX (320/2344240) & MAIL
Gary Plotz
City Administrator
City of Hutchinson
111 Hassan Street SE
Hutchinson, Minnesota 55350
Iwa
MAR 1 2 1998
cif J; HuiCHINSON
RE: Removal of Land for Century Court Apartments H from TIF District
Dear Mr. Plotz:
This letter serves as a formal request to remove the land for the Century Court Phase II
apartment development from the TIT District established for the Phase I development.
Enclosed is a copy of the recorded deed for Phase 11, which includes the legal description
for the land area to be removed from the TIF District.
Please call with questions or comments. I look forward to your response.
Sincerely,
Cary o?KTV-
Vice President
Century II Development, LLC
General Partner, Century Court II L.P.
cc: Jim Marka
CCO:sa
enclosure
11
i WZZW
Coryemde. or►m..rJlpb .
C neu Or ►+n..e,hl ! GIIIO:i OaTLxi wWi tt�'Mr rRO.oaR 11O.iPe rowRt NloY
No del nquent taxes and transfer enters Certificate e.r.ey r..uxr. ra.c cu. t,.a,. %. " xu.d fer r.rard .,
E
of Real ststa Value �5
( )Sled ( not required oee. .e. a.
Certifl to of Real Estate Value No. in „ .�hrr e...ry
xwa "eY..f9. ry. e..e cs.wr q
�y {J o a re u ie n
I S. O i.. •
n� /'�
.aa•d „A„ Tn t,,r,ni a .min 1 i
ounty Auditor .I 1
by d x.dn �-
-T'sv 7Zs
Deputy
STATE DEED TAX DUE HEREON: S_ 1.65
... , . Date: December 15 -
OR VALUABLE CONSIDERATION,
he laws Of Wiecena in a na rte shin under
Limn OruHOr, hereby conveys and warrants to
_ted Par erehiO Grantee, a
Wisconnin under the laws of Wisconsin
:ounty,1Irmesota„descdbed as follows; real Property in _McLeod
Lot 1, Block 1, Century court, according to the recorded plat
thereof, except the South 365.00 feet, as measured along the
east and west lines of said Lot 1.
No known wells. Consideration less than $500 -State Deed Tax Due, $1.65
ogether with all hueditaments and ore0m w.r. r 21444coadvas e.b.rp
appurtenances belonging thereto, subject to the following exceptions:
all minerals and mineral rights, municipal and zoning ordinances,
recorded easements, recorded building and use restrictions and
covenants, and real estate taxes levied in the year Of closing.
.
CROW M
OW RIVER AP RTENTS LIMITED P RTNER
ciiD xu vsa 5 __
a.e.ipe Yo. -
By Rut•rhinnnn na• tnn t r
ed Co ry ru.ar.r 4 I/
By J:& C v r� n��w0
TATEOA I IWC __Ardath X. Solsrud - its Presid
7C
OUNTY OF ss.
0
The foregoing instrument was acknowledged before me this '1 day of Decembe r
Ardahh R. Rnla� d 19
der the laws of Wisconsin �
` Np'1'AR LSTAWOILU .(OROTHERTRLa Oa RAMP
THIS rNSMUMM'r WAS DRAFM BYNAME AND ADDR21s),
Gregory A. Solsrud- Attorney
529 South Seventh St. Ste. 421
Minneapolis MN 55415
612 - 338 -3706 .-
on behalf of the
atQNANRR 21 TAIONO A O
ra sru.m, e. m.r t 7 �h j w /OO
►mp.rryd .ereWl.rW Wb. amm
prdud...ms ud adsmn of On ):
Century Court II Limited Partnership
Box 367
Augusta, WI 54722 -0367
r 1
LJ
Po—
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
Ms. Marilyn Swanson
Hutchinson City Center
111 Hassan Street SE
Hutchinson, Mn. 55350
Re: ABBYCOWutchinson Area Health Care Lease
Our File No. 3750 -88008
Dear Marilyn:
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350-2563
(320) 567 -7575
FAX (320) 567 -4096
RESIDENT ATTORNEY
G- BARRY ANDERSON
April 8, 1998
APR Q 1998
CIT`-. JF HUTCHASON
OF COUNSEL
ARTHUR L. DOTEN
5661 CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 55416
(612) 545 -9000
FAX (612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON. MINNESOTA 55371
(C 1 2) 369-2 21 4
FAX (61 2) 369-5506
I am enclosing herewith a Lease which should be placed on the Council Consent Agenda for the April 14
meeting. This Lease allows the Hospital to rent certain property in the Anderson Interiors Building for the
Hospital Hospice program, its ConnectCare program and other hospital functions. By way of background,
• much of the cost of this Lease will be shared with the Glencoe Area Health Center or subleasing some of
the space to other tenants.
If you have any questions regarding the agreement, please do not hesitate to contact Phil Graves directly.
L
Thank you. Best regards.
Very truly
(�Bar7y Anderson
GBA:jm
cc: Phil Graves
'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
THIS LEASE, made as of the 15th day of February, 1998, by
and between Hutchinson Area Health Care, Tnc. (HAHC), a Minnesota
corporation with its principal place of business located at 1095
Hwy. 15 South, Hutchinson, MN 55350, and ABBYCO, a Minnesota
partnership with its principal place of business located at 119
Main Street South, Hutchinson, MN 55350.
W 1 T N E S S E T H:
WHEREAS, ABBYCO is the owner of the building and associated
real estate described in Exhibit A attached hereto and
incorporated herein by reference (the "Premises "); and
WHEREAS, ABBYCO desires to lease the Premises to HAHC, and
HAHC chairs& to lease the Premises from ABBYCO, pursuant to the
terms of this Lease;
NOW, THEREFORE, in consideration of the premises and
agreements contained herein, as well as other good and valuable
consideration, the receipt and sufficiency of which is hereby
expressly acknowledged, intending to be legally bound hereby, the •
parties hereto agree as follows:
1. Demising Clause ABBYCO hereby leases to HAHC, and
HAHC hereby leases from ABBYCO, the Premises, subject to the
terms and conditions set forth herein.
2. initial Term he initial term of this Lease shall
commence on -9p 998, and shall be fo a term of five
(5) years, endzng` t m ight 0 3 (the "Term ").
3. Extended Term HAHC shall have he option of extending
the term of this Lease for an additional two terms of 5 years
each provided, however, that HAHC is not in default at the time
each option is exercised. HAHC shall notify ABBYCO in writing of
its intent to exercise each option at least 90 days prior to the
expiration of the applicable term of the Lease. If HAHC
indicates its intent to exercise the above option, the parties
shall have 30 days to arrive at a base rent for the extended
term. If a base rent is not determined within 30 days of the
date of notice of HAHC exercising its option, ABBYCO will have
the option of voiding the extended term at its sole discretion.
4. Base Rent HAHC shall pay to ABBYCO at the address set
forth above, or such other address as ABBYCO may from time to
time designate, base rent of $1000 per month for the term of this
•
154B168B.126/122096/836 -1- � C
aPR -03 -9e 16:03 FROM:RRNOL.D ANDERSON DOVE 612 -389 -5506 TO:320 5B7 40% PRGE:03
•
lease. HAHC may prepay rent payments not yet due hereunder at
any time. Rent may be prorated for partial months of occupancy.
•
•
5. Use by HAHC The Premises shall be used by HAHC as
office and warehouse storage space and other related purposes.
6. Taxes. HAHC shall be solely responsible for and shall
pay when due as additional rent all general real estate taxes
assessed against the land constituting the Premises and the
improvements located on the Premises, and shall further pay as
additional rent all charges and special assessments for utilities
and public works applicable to the Premises. HAHC agrees to pay
all taxes and license fees which may be assessed against HAHC's
property located on the Premises or which may arise as a result
of HAHC's operation of its business upon and within the Premises.
In any event, HAHC's obligation to pay taxes and assessments
shall expire upon the termination of the Lease.
As to any special assessments imposed by the City of
Hutchinson pursuant to Chapter 429 of Minnesota Statutes or other
applicable law, HAHC shall have such options as are permitted
under the law to either pay the assessment in one lump sum or to
Pay such assessment over such periods of time as are permitted by
the City. HAHC shall pay each installment of the assessment when
due in its entirety. In no event shall HAHC be obligated to pay
any installments or special assessments if its obligations under
this Lease have terminated.
7. Utilities HAHC shall pay when due and as additional
rent all utilities including, but not limited to, heat, gas,
power, water, sewer, and telephone service within the Premises.
8. Repairs and Maintenance HAHC shall, as additional
rent and at its own expense, be responsible for all non-
structural repairs, replacements, and maintenance on or about the
Demised Premises, and shall keep the sidewalks and driveways
located on and adjacent to the Demised Premises reasonably free
of ice and snow. HAHC shall keep the Demised premises free of
rubbish, debris and Other garbage, and shall arrange and be
solely responsible for the removal of all garbage from the
Demised Premises. ABBYCO shall be responsible for all structural
repairs, replacements, and maintenance of the Demised Premises,
including repairs, replacements, and maintenance of the
foundation, slab, structural walls, plumbing, heating,
ventilating, and air conditioning systems, and roof, if the cost
of such repairs, replacement, or maintenance shall exceed five
hundred and No /100ths Dollars ($500.00) per occurrence for
related instances individually or in the aggregate (in the
reasonable estimation of ABBYCO)i provided, however, that
notwithstanding anything contained herein to the contrary, ABBYCO
shall not be obligated to perform any maintenance or make any
154B1688.126/122096/836 -2-
0
repairs or replacements made necessary by the fault or negligence
of HAHC, its employees, agents or invitees. Non - structural items
shall be defined to include, but not be limited to, routine
maintenance and repair of the sidewalks, driveways and parking
lot for matters not arising as the result of defect in the design
or construction thereof. Notwithstanding the foregoing, ABBYCO
shall have the right, but not the obligation, to perform any such
replacements, maintenance, and repairs if HAHC fails to do so
within a reasonable period of time after the same becomes
necessary, and HAHC shall reimburse ABBYCO, as additional rent,
for its costs of so performing.
9. Insurance During the term of this Lease, HAHC shall
procure and maintain, at its expense, fire and casualty insurance
with an extended coverage endorsement covering the Premises in an
amount equal to one hundred percent (100 %) of the insurable value
of the Premises. In addition, HAHC shall, at its own expense and
as additional rent, procure, carry, maintain, and pay the
premiums for public liability insurance insuring both ABBYCO and
HAHC against injury to property, person, or loss of life arising
out of the use and occupation of the Premises, with a limit of
not less than the maximum municipal tort liability under Chapter
466 of Minnesota Statutes. HAHC shall further carry and pay the
premiums for workers' compensation insurance covering all of
HAHC's employees. All such policies referenced herein shall name •
ABBYCO as an additional named insured and loss payee, be with
companies licensed to do business in the State of Minnesota, and
provide for not less than thirty (30) days prior written notice
of cancellation to ABBYCO. HAHC shall, upon the request of
ABBYCO, provide ABBYCO with certificates evidencing all insurance
policies required herein. ABBYCO and HAHC agree that ABBYCO is
not responsible and HAHC is solely responsible for all contents
coverage policies covering items kept by HAHC on the Premises.
10. Machinery Equipment and Fixtures of HAHC HAHC may
install at its expense structures, machinery, equipment, or trade
fixtures upon the Premises. At the termination or expiration of
this Lease, any structures, machinery, equipment, or trade
fixtures so installed shall, at HAHC's election, (a) be removed,
said removal to be at the expense of HAHC, and the Premises shall
be restored to its original condition, reasonable wear and tear
excepted, or (b) immediately become the property of ABBYCO and
shall remain with the Premises. HAHC agrees at the termination
or expiration of this Lease to surrender the Premises in as good
order and condition as the same are in at the commencement of the
Lease, reasonable wear and tear only excepted.
11. Mechanic's Liens HAHC shall promptly pay for any work
done in or about the Premises contracted by it and will not
permit or suffer any mechanic's liens to attach to the Premises
which are a result thereof, and shall promptly cause any claim
0
15481688.126/122096 /836 -3-
OR-03-9e 16:04 FROM: ARNOLD ANDERSON DOVE 612- 389 -5506 TO:320 587 4096 PAGE:05
•
for any such lien to be released or shall secure ABBYCO to its
satisfaction in the event HAHC desires to contest any such claim.
12. Access to Premises HAHC shall allow ABBYCO and /or its
agents or employees access to the Premises at all reasonable
times to inspect, maintain, or repair the Premises and for any
other reasonable purpose. During the last twelve (12) months of
the term of this Lease, ABBYCO may exhibit the Premises to
prospective tenants provided such showing does not unreasonably
interfere with HRHC's use of the Premises.
13. Bankruptcy In the event of the filing of a petition
for voluntary or involuntary bankruptcy on the part of HAHC, the
filing of a petition for the appointment of a receiver for RMC,
or a voluntary assignment for the benefit of the creditors of
HAHC, and such condition is not remedied within sixty (60) days,
or if this Lease shall by operation of law devolve upon or pass
to any person or corporation other than HAHC, then and in each of
said events this Lease shall, at the sole option of ABBYCO, he
subject to cancellation forthwith.
14. signs HAHC shall have the right to install and
display advertising signs on the Premises (excepting therefrom
"for sale," "for rent," or similar such signs), provided such
signs are reasonable in their content and size, and comply with
all applicable laws, statutes, regulations, or ordinances, and
shall remove the same upon termination of this Lease, provided
that upon removing the same, HAHC shall restore the Premises to
the condition they were in prior to the installation of such
signs. Retail "for sale" or "for rent" signs are not prohibited.
15. Condemnation If the Premises or any part thereof
shall be taken or condemned for public purposes by public
authorities, HAHC shall have no claim against ABSYCO and shall
not have any claim or right to any portion of the amount that may
be awarded or paid to ABSYCO as a result of any such
condemnation; provided, however, that in the event the Premises
or any part thereof'shall be taken or condemned for public
purposes resulting in a material interference with HAHC's use of
the Premises, then either ABBYCO or HAHC shall have the option of
terminating this Lease upon giving to the other party written
notice of such election within thirty (30) days after the
condemnation judgment is entered, and the Term of this Lease, or
any extension thereof, shall be considered terminated as of the
date judgment is satisfied by payment of the award.
16. Destruction of Premises Should the Premises be
totally destroyed by fire, however caused, or other casualty, or
should the Premises be damaged by fire, however caused, or other
casualty, so as to require the expenditures to rebuild, repair,
. or replace the damaged portion of the Premises of a sum exceeding
15481688.126/122096 /8 -4-
2PR -03 -99 16:05
fifty percent (50's) of the fair markat value of the buildings and
improvements located thereon immediately prior to the damage,
HAHC or ABBYCO shall have the option to terminate this Lease by
written notice to the other within sixty (60) days after such
damage or destruction. if either party does not exercise the
option to terminate this Lease, as provided herein, or if no such
option exists because the preceding provisions of this Paragraph
16 do not apply, the Premises shall be restored as best as
practically possible to their condition just prior to such loss
by and at the expense of ABBYCO using any and all insurance
proceeds available therefor without unnecessary delay. From the
date of such fire or casualty, until said Premises are fully
restored to their former condition, HAHC shall pay only such
portion of the rent accruing from time to time as the area of
that portion of the Premises not made untenantable by reason of
such fire or casualty shall bear to the value of the entire
Premises.
17. Condition of Premises C ComT31iance. HAHC further
agrees, at its expense, to keep the Premises in a good state of
repair, neat and sanitary in condition, and to conform to all
applicable municipal ordinances and orders, and all federal and
state laws, statutes, regulations, and rulaa regarding
sanitation, fire, and matters of like nature, governing the
maintenance and use of said Premises. No noxious or offensive
trade or activity shall be carried on or upon the Premises at any
time.
18. Alterations by HAHC HAHC shall not make any
alterations to the Premises except as otherwise provided in this
Lease, without the prior written consent of ABBYCO; provided,
however, that HAHC shall have the right, which right is expressly
granted herein, to remodel the interior of the Premises, for the
sole purpose of facilitating HAHC's use of the Premises as office
space. In the event of any such alterations or construction, at
the termination of this Lease, upon the election of HA.HC, the
Premises shall, at the sole expense of HAHC, be restored to its
original condition, reasonable wear and tear excepted, or any
such alterations and construction shall become the property of
ABBYCO.
19. Indemnification HAHC shall and hereby agrees to
indemnify, defend, and hold ABBYCO, his personal representatives,
heirs, successors, assigns, employees, and agents (collectively,
the "Lessor Indemnified Parties ") harmless from and againot and
with respect to any "Damages to Lessor Indemnified Parties." The
term "Damages to Lessor Indemnified Parties" as used herein shall
include any claim, demand, action, cause of action, loss, cost,
expense, liability, injury, administrative order, consent
agreement and order, penalty, interest, or damage, including,
without limitation, reasonable attorneys' fees, and all costs and
•
15481688.126/122096 /836 -5-
aPR -03 - 98 16:05
•
•
0
FRCM:RRNOLD RNDERSON DOVE 612 - 389 -5506 TO:320 587 4056 PRGE:07
expenses of all actions, suits, proceedings, demands,
assessments, claims, and judgments resulting from, occurring in
connection with, or arising out of the negligent or intentional
acts or omissions of HAHC, its directors, shareholders, officers,
employees, agents, and invitees in connection with this Lease or
any transaction contemplated heroin, specifically including but
in no way limited to those of an environmental nature. However,
HAHC shall have no obligation to pay attorney fees of ABBYCO
unless HAHC refuses a tender of defense or otherwise refuses a
request to indemnify as required by this paragraph.
20. Subordination HAHC's right, title, and interest in,
to, and under this Lease are, and shall at the option of any
mortgagee of AHBYCO's be, subordinate to the lien of any mortgage
or mortgages now or hereafter placed upon the land and /or
buildings of which the Premises are a part, and to all advances
hereafter made from time to time upon the security thereof;
provided, however, that as long as HAHC is not in default under
the terms of this Lease, it may continue in possession of the
Premises under the covenants, terms, and conditions of this
Lease. upon notice to HAHC, HAHC shall execute any instruments
reasonably required to evidence such subordination and shall
execute any attornment and /or estoppel certificates reasonably
requested by ABBYCO.
21. A6signment and Subletting HAHC may not assign or
sublet this Lease, in whole or in part, except as further set out
in this lease, without the prior written consent of ABBYCO, which
consent may be withheld for any or no reason; provided, however,
(i) in the event of an assignment, contemporaneously with the
granting of ABBYCO's aforesaid consent, HAHC shall cause the
assignee or sublessee to expressly assume in writing and agree to
perform all of the terms, covenants, duties, and obligations of
HAHC herein, and such assignee or sublessee shall be jointly and
severally liable thereafter along with HAHC to perform all of the
terms, covenants, duties, and obligations of HAHC, (ii) no usage
of the Premises different for the usage herein provided to be
made by HAHC shall be permitted, and (iii) all other terms and
provisions of this Lease shall continue to apply after any such
assignment or sublease. HAHC does not need prior approval to
sublet or assign to that entity known as ConnectCare. However,
if the leased premises is assigned or otherwise sublet to
ConnectCare, ConnectCare shall be bound by the provisions of this
paragraph and this lease.
22. Default In the event of (i) default in the prompt and
full payment of any base rent due under this Lease within fifteen
(15) days of the date when due, or (ii) in the event of default
in the prompt and full performance of any provision of this
Lease, and such default shall continue for thirty (30) days after
written notice to cure such default, or if such default cannot be
1S421688.126/122096/836 -6-
?4-03 -98 16:06
E
cured within such thirty (30) day period, then unless within such
thirty (30) day period HAHC shall diligently commence action to
cure such default, ABBYCO shall, without further notice, at its
option, have the right to reenter said Premises, to remove HAHC
and all persons holding under it therefrom and to terminate this
Lease and repossess itself of the Premises. Notwithstanding the
foregoing, such repossession shall not constitute a waiver by
ABBYCO of any other rights which it might have to enforce
collection of rents for the balance of the term, to recover
damages from HAHC for default in payment of rents, or any other
rights or remedies ABBYCO may have in law or equity•
23. Notige. Any notice required or permitted under this
Lease shall be deemed sufficiently given or served if delivered
personally, or if sent by certified mail, return receipt
requested, postage paid, to the parties at the addresses set
forth above, and either party may by like notice at any time and
from time to time designate a different addrces to which notices
shall be sent. Noticeo given in accordance with these provisions
shall be deemed received when mailed.
24. Expenses Each party shall pay upon demand all the
other's costa, charges and expenses, including the feed of
counsel, agents and others incurred in enforcing the requested
party's obligations hereunder or incurred by the requesting party
in any litigation in which the requesting party, without
requesting party's fault, becomes involved or concerned by reason
of the existence of this Lease or the relationship hereunder of
ABBYCO and HAHC.
25. Waiver. No waiver of any default by HAHC hereunder
shall be implied from any omission by ABBYCO to take any action
on account of such default if such default persists or is
repeated and no express waiver shall effect any default other
than the default specified in the express waiver, and then only
for the time and the extent therein stated. one or more waivers
of any covenant, term, or condition of this Lease by ABBYCO shall
not be construed as a waiver of a subsequent breach of the same
covenant, term, or condition.
26. Binding Effect Each provision hereof shall extend to
and shall, as the case might require, bind and inure to the
benefit of HAHC and ABBYCO and their respective heirs, personal
representatives, successors, and assigns.
27, Quiet EnJOYTnent ABBYCO warrants and certifies that it
has legal title to the Premises and shall defend and guarantee
the same. So long as HAHC shall fully and punctually pay all the
rents and other amounts provided to be paid hereunder by HAHC,
and HAHC shall fully and punctually perform all of the other
terms, covenants, obligations, and responsibilities hereunder,
1s4S1688.126/122096/836 -7-
i p R -03-99 16:07 FROM:ARNOLD ANDERSON DOVE 612-389-5506 TO: �tl 127 4Y55 CL: b5
0
is
HAHC shall peaceably and quietly have, hold, and enjoy the
Premises.
28. Severability In the event that any provision of this
Lease shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
29. Counterpart This Lease may be executed in several
counterparts all of which, when taken together, shall constitute
one Lease.
30. Amendment This Lease may not be amended, changed,
modified, or altered without in each instance the prior written
consent of both ABBYCO and HAHC.
31. Governing Law This Lease
with the intention that the lawn of
govern its construction.
32. Memorandum of Lease This
except that ABBYCO and HAHC agree to
documents necessary to evidence this
limited to, a Memorandum of Lease.
is prepared and entered into
:he State of Minnesota shall
Lease shall not be recorded,
execute any and all
Lease, including, but not
IN WITNESS WHEREOF, the parties hereto have caused this
Lease to he executed by their respective authoriz ®d
representatives, as of the date first written above.
ABBYCO
HUTCHINSON AREA H
•
TH CARE
154B1688.126/122096/836 -8-
F - 1
U
EXHIBIT A
The Premises shall include the buildings and improvements and
real estate beginning at a point 44 feet south of the Northwest
corner of Lot Eight (8) in Block Thirteen (13) in the Townsite of
Hutchinson, South Half, thence running North 30 feet on the East
line of Main Street, thence East 132 feet to the alley, thence
South 30 feet, thence west 132 feet to the place of beginning:
being the South 8 feet of the North 22 feet of said Lot 8, also
the center 22 feet of said Lot B in Block 13 in the Townsite of
Hutchinson, South Half.
U
154131688.126/122096 /836
0
M E M O R A N D U M
i -• ., - .• � -., a -�
Attached is a listing of the delinquent water and sewer accounts
• for the month of March. Recommend service be discontinued on
Monday, April 14, 1998, at Noon.
•
9- 141
ACCT
BNAME
BADDR
BCITY
SITEAD
AMOUN
OWNER
OADDR
OWNER
ESS
DRESS
TDUE
ESS
CITY
•
3- 015 -
Carmen
421 1st
Hutchins
421lst
106.33
CC:
703
0421-
Brygger
Ave SE
on MN
Ave SE
Roger
Shady
Hutchins
0808
55350
Dummer
Ridge Rd
on MN
55350
3 -030-
Jack
646 2 nd
Hutchins
646 2nd
82.18
CC:
Rt 1
0646 -
Krippner
Ave SE
on MN
Ave SE
Vicky
Box 218
Brownto
0802
55350
Klabunde
n MN
55312
3 -075-
Harlan
107 5th
Hutchins
107 5th
37.83
0107-
Schulte
Ave NE
on MN
Ave NE
0603
55350
'fir C m \6e S
3 -210-
Tammy
631
Hutchins
631
112.82
CC:
35
0631-
Barnes
Adams St
on MN
Adams St
Remax
Main St
Hutchins
0704
SE
55350
SE
N
on MN
55350
3 -060-
Kevin
105 4th
Hutchins
105 4th
95.82
CC:
904
0105-
Nordberg
Ave NW
on MN
Ave NW
Marcella
Merrill
Hutchins
0503
55350
Anderson
on MN
55350
3 -210-
Shellie
105
Hutchins
105
131.78
CC:
•
0105 -
Amelsber
Adams
on MN
Adams St
Hutch
1130
Hutchins
0408
g
ST SE
55350
SE
Iron &
Arch Ave
on MN
Metal
SE
55350
3 -210-
David
595
Hutchins
595
117.08
CC:
35
0595-
Hickle
Adams St
on MN
Adams St
Janet
Main St
Hutchins
0103
SE
55350
SE
Valen
N
on MN
55350
3 -227-
Bonnie
711
Hutchins
711
46.03
0711-
Dahl
Arizona
on MN
Arizona
0101
St NW
555350
St NW
3 -275-
James
605
Hutchins
605
18.28
0605-
Goebel
Cahform
on MN
Califomi
0103
a St NW
55350
a St NW
14-1 l_ Q
3
3 -285-
Deb
594
Hutchins
594
70.56 e
m.geS
0594-
Bondhus
Carlisle
on MN
Carlisle
0202
St NE
55350
St NE
3- 380 -
Christine
446 Erie
Hutchins
446 Erie
125.20
0446-
Fox
on MN
0603
55350
3 -505-
Diane
251 Hwy
Hutchins
251 Hwy
46.65
0251-
Berry
7E
on MN
7E
0002
55350
•
3 -275-
Jason
510
Hutchins
510
367.96
ACCT
BNAME
BADDR
BCrrY
SrrEAD
AMOUN
OWNER
OADDR
OWNER
•
ESS
DRESS
TDUE
ESS
CITY
0510 -
Knacke
Califomi
on MN
Califomi
0506
a St NW
55350
a St NW
3 -275-
Kelly
752
Hutchins
752
36.38
?jom\5eS
4-\S
0752-
Walker
Califomi
on MN
Califortu
0203
aStNW
55350
aStNW
3- 330 -
Rachael
219
Hutchins
219
40.79
CC: Carl
0219-
Vanderha
College
on MN
College
Beatrez
18967
Hutchins
0208
gen
Ave NE
55350
Ave NE
Nickel
on MN
Ave
55350
3 -375-
Vernon
744 Elm
Hutchins
744 Elm
121.74
0744
Reese
St NE
on MN
St NE
0201
55350
3-435-
Jeff
920 Golf
Hutchins
920 Golf
87.68
0920-
Borkenha
Course
on MN
Course
0602
gen
RdNW
55350
Rd NW
3 -530-
Vince
712
Hutchins
712
538.05
CC:
656
0712-
Jahner
Hilltop
on MN
Hilltop
James
Juul Rd
Hutchins
0201
Dr NE
55350
Dr NE
Schlagel
on MN
55350
3 -680-
Todd
735 Main
Hutchins
735 Main
92.68
CC:
825
0735-
Meyer
St N DN
on MN
St N DN
Dave
2nd Ave
Hutchins
1101
55350
Schmpp
SW
on MN
•
55350
3 -735-
Advance
PO BOx
Northom
15
27.75
0015-
d Metal
151
e, MN
Monroe
0905
Ref
56661
St SE
3 -745-
Bradley
26 North
Hutchins
26 North
57.07
0026-
Rasmuss
High Dr
on MN
High Dr
0402
en
55350
3 -745-
Dave
126
Hutchins
126
71.23
PROMIS
0126-
Hunstad
North
on MN
North
ES
0306
High Dr
55350
High Dr
4/15/98
3 -795-
Tom
105 Pauls
Hutchins
105 Pawls
133.14
0105 -
Carrigan
Rd
on MN
Rd
0701
55350
3 -680-
Shannon
725 Main
Hutchins
725 Main
93.44
0725-
Shoen
St N
on MN
St N
0504
55350
3- 680 -
Rick's
1201
Hutchins
1201
188.42
1201 -
Castaway
Main St
on MN
Main St
0603
N
55350
N
3 -735-
Kevin
544
Hutchins
544
46.05
0544-
Burich
Monroe
on MN
Monroe
0901
St SE
55350
St SE
3 -745-
Mary
116
Hutchins
116
112.48
CC:
0116-
Givens
North
on MN
North
John
7544
Richfield
•
0504
High Dr
55350
High Dr
McNabs
Vincent
MN
Dr NE
55423
ACCT
BNAME
BADDR
BCITY
SITEAD
AMOUN OWNER OADDR OWNER
ESS
DRESS
TDUE ESS CITY
•
3 -800-
Rodney
575
Hutchins
575
157.42
0575-
Markgraf
Peterson
on MN
Peterson
55350
0102
Cir NE
55350
CIr NE
3- 823 -
Ridgedal
650
Howard
715
207.02
0715-
e Sq Apts
Shoreline
Lake
Ridge
Syverson
0501
on MN
Dr #306
MN
Ave NE
0102
55349
St SE
55350
3 -823-
Jeff
650
Howard
725
284.34
0725-
Gaften
Shoreline
Lake Mn
Ridge
157.48
0301
Dr #306
55349
Ave NE
Peterson
1-480-
Tom
830
Hutchins
830
97.57
0830-
Moses
Hassan
on MN
Hassan
0304
St Se
55350
St SE
1-480-
Deborah
840
Hutchins
840
45.20
0840-
Syverson
Hassan
on MN
Hassan
0102
St SE
55350
St SE
1 -550-
Barbara
723 Ivy
Hutchins
723Ivy
157.48
0723-
Peterson
LN
on MN
LN
0806
55350
1 -550-
Ron
7361vy
Hutchins
736Ivy
111.66
0736-
Wibstad
LN
on MN
IN
•
0302
55350
1 -570-
Mabel
234
Hutchins
234
90.56
0234-
Baseman
Jefferson
on MN
Jefferson
0601
St SE
55350
St SE
1 -570-
Stan
525 4th
Hutchins
525 4th
80.94
0345-
Knci
Ave SW
on MN
Ave SW
0202
55350
1 -065-
Bruce
460
Htuchins
135 4th
34.41
CC:
PO
0135-
Daniels
Californi
on MN
Ave SE
Citizen
box 339
Hutchins
0803
a St #43
55350
Bank
on MN
55350
3 -210-
Reuben
700 Hwy
Hutchins
607
259.53
CC:
35
607-
Garcia
7E
on MN
Adams St
Remax
Main St
Hutchins
0708
55350
SE
N
on MN
55350
•
Report Listing 14- APR -1998 (13:48
-------------------------------------------------- -- -- ------- -- ---- --- -- -- --- ---
1- 270- 0706 -0803 1- 395 - 0565 -0806
D JAHN JUDY KOPESKY
7 BROWN ST SW BOX 606
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
706 BROWN ST SW 565 FRANKLIN ST SW
97.47 107.34
1- 395 - 0587 -0201
DAVID JENSEN
587 FRANKLIN ST
HUTCHINSON MN 5;
587 FRANKLIN ST
107.76
1- 395 - 0606 -0902
NOELLE LAABS
SW 606 FRANKLIN ST SW
5350- HUTCHINSON MN 55350 -
SW 606 FRANKLIN ST SW
125.14
1- 395 - 0705 -0903 1- 420 - 0125 -0002
BRIAN BLEEKE DAN SALAS
940 CARMEL CT 125 GLEN ST SW
SHOREVIEW MN 55126- HUTCHINSON MN 55350-
705 FRANKLIN ST SW 125 GLEN ST SW
44.12 97.87
1- 455- 0546 -0902 1 -455- 0725 -0202
LORI REYNOLDS BEV KOSEK
546 GROVE ST SW 725 GROVE ST SW
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
GROVE ST SW 725 GROVE ST SW
64 85.29
1- 685 - 0556 -0802
JUDY KOPESKY
BOX 606
HUTCHINSON MN 55350-
556 MAIN ST S
113.64
•
Report Listing
14- APR -1998 (13:40
2- 070 - 0524 -0804 2- 070 - 0706 -0804
TIM EGGERSGLUESS JIM DYKSTRA •
524 4TH AVE SW 706 4TH AVE SW
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
524 4TH AVE SW 706 4TH AVE SW
298.84 73.63
2- 070 - 0728 -0205 2- 310 - 0934 -0202
MARK CARRIGAN WM HERDINA
728 4TH AVE SW 934 CHURCH ST SW
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
728 4TH AVE SW 934 CHURCH ST SW
70.94 168.90
2- 345- 0805 -0705 2- 350 - 0505 -0201
DAVE GRAF RICHARD MATTSON
805 CRAIG AVE SW 505 DALE ST SW
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
805 CRAIG AVE SW 505 DALE ST SW
86.48 '?'am'ses 80.76
2 -465- 0626 -0801 2- 555 - 0515 -0301
CHRIS JOHNSON GARY KASTEN
626 HARMONY LN SW 515 JACKSON ST SW
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
626 HARMONY LN SW 515 JACKSON ST SW •
92.25 115.25
2 -555- 0530 -0401 2- 670 - 0400 -0109
ANGELA BIEHLER JOHN SANDAHL
530 JACKSON ST SW 400 LYNN RD SW
HUTCHINSON MN 55350- HUTCHINSON MN 55350-
530 JACKSON ST SW 400 LYNN RD SW
138.24 118.71
2- 670 - 0585 -0804
ROBERT STONE
585 LYNN RD SW
HUTCHINSON MN 55350-
585 LYNN RD SW
115.25
•
0
n
U
ARNOLD, ANDERSON & DOVE
PROFE551ONAL LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
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
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
(3 20) 5877575
FAX 1320) 5674096
RESIDENT ATTORNEY
G. BARRY ANDERSON
IAIRO ADMITTED IN TEXAS AND NEW YORK
Ms. Marilyn Swanson
Hutchinson City Center
111 Hassan Street SE
Hutchinson, Mn. 55350
Re: City Council Meeting
Our File No. 3188 -87001
Dear Marilyn:
April 14, 1998
APR 14 1498
CITY OF HUTCHINSON
OF COUNSEL
ARTHUR L. DOTEN
Baal CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 55416
(612) 545 -9000
FAX (612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(451 2) 350 - 2214
FAX (01 2) 389 - 5500
I am enclosing herewith a revised Tobacco Ordinance that contains two changes f rom the draft previously
approved by the City Council.
I have changed the period of time for the license so that it conforms with most of the rest of the City's (!
licensing provisions; ie., t he license period will run from January 1 to December 31.
Second I included language in Subd 8(C) that allows tobacco sales within an enclosed facility which must
be under continuous supervision by an employee. der the a e of 18 years of age is
prohibited and a fully functioning door must also be a portion of the premises. This has the effect of allowing
the 'smoke shops — ci rty. er or not t e Counc wrs es two o iFrs is, of course, a matter of public
policy and is something that can be discussed at this evening's City Council meeting.
I am also requesting that we consider as a post - agenda item the requ from Sam and Shari Colvin for
reimbumement for certain expenses relating to water damage occurring on June 29 1997. T he Council may
or may not wish to act on this request this evening but I am providing the background information for your
consideration. In discussing the matter with the insurance carrier, the claims representative handling this
claim indicated that the League Trust was willing to make a payment of approximately one -half of the
amount in dispute. Mr. and Mrs. Colvin have requested that the Council consider reimbursement of the full
amount of $550.82. There is some history here of difficulties with water in the area although the problems
experienced by Mr. and Mrs. Colvin, while real, are related to developmental issues and not to any errors
on the part of the City as far as I can tell. Nonetheless, their situation does seem unique.
I did indicate in visiting with Mr. and Mrs. Colvin that they are certainly entitled to have the matter placed
before the City Council and they are requesting that this claim be paid.
I would recommend payment of this claim as long as Mr. and Mrs. Colvin are willing to enter into a formal
Release of All Claims which will recite that the City is not responsible for payment of damages and that this
claim along with all prior Claims are now considered satisfied and paid in full. The benefit to the City would
be that with respect to these individuals the issue would be resolved.
'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
7
Ms. Marilyn Swanson
April 14, 1998
page 2
In any event, I did indicate to Mr. and Mrs. Colvin that I would bring the matter at their request back to the
Council and I have now done so. If you have any questions or need additional information, please feel free
to either contact myself or the city engineer.
GBA:jm
enc.
E
E
•
04/10/98 11:19 3M HUTCH TRPE BLDG. 31 001
• rex Note 7671 0SW Y/Wr 1 pages"' 3
s Fo C olvt
- f ( Z - z. 735 Shady Ridge Road
F�. Hutchinson, MN 55350
September 2, 1997
Mr. Ken Merrill
Finance Director - City of Hutchinson
City Center
Hutchinson, Mn 55350
Dear Mr. Merrill,
Per the attached letter to the Hutchinson City Council (7/15/97), we
request reimbursement from the City of Hutchinson for damages
incurred by water entering our home on the morning of June 29, 1997.
We have expended 38 hours of personal time cleaning after the water
entry to our home. Additionally, we incurred a bill of $265.82 with
ServiceMaster for professional cleaning services due to the same event.
We request reimbursement for our time at a rate of $7.50 per hour, and
a total reimbursement for this event of $550.82.
38 hours x $7.50 /hour $285.00
ServiceMaster bill $65.82
i Total $550.82
If necessary, please forward this request to the appropriate persons for
handling such claims. We request a response by September 16, 1997.
Thank you in advance for your assistance in handling this problem
situation.
Sincerely,
Sam & Shari Colvin
attachments
cc: Marlin Torgerson, Mayor - City of Hutchinson
John Rodeberg, Engineer - City of Hutchinson
r�
�J
9 -/6-
To: Members of the Hutchinson City Council
From: Sam & Shari Colvin
Date: July 18. 1997
Problem:
Development of "North Oak Ridge and associated storm sewer Installations have resulted In water entering our
house at 735 Shady Ridge Rd _
° Storm water from 7th Ave on the East side of Shady Ridge Rd (south of the house); frof:l the top of the circle on the
Fast side of Shady Ridge Rd (north of the house), from the housesand yards directly to the east of our property,
and from the overnow of the catch basin of the storm sewer lines serving the North School Road area all drain into
our yard and must flow through an 19" by 250 it long culvert that goes from our yard, under Shady Ridge Rd, and
on down to Campbell Lake. A culvert of that diameter and length Is unable to handle that much water from that
many sources, and consequently we have had water come close to the house numerous times and actually enter
the house 4 different times (May e, 1993, June 16, 1993, and twice on June 29, 1997).
Communication with the City to express concerns and seek possible solution(s):
• Visit to Mr. Rodeberg's office prior to March 19,1991 Planning Commission Meeting
• Attended Planning Commission Meeting on March 19. 1991
• Letter to Mr. Rodeberg on June 26, 1992
• visit to Mr. Rodeberg's office on May 7, 1993
• Letter to Mr. Rodeb org on May 22, 1893
• 1Asit to Mr. Rodeberg's office an June 10, 1993
• Letter to Mr. Rodeberg (cc: Gary Pkriz, City Administrator) on June 18, 1993
• Loner to Mr. Ken Merrill, Finance Director (cc! John Rodeberg & Gary Plotz) on June 18, 1993
Loner to Allied Adjusters (cc: Jonn Hodeoerg, Gary Plotz & Ken Merrill) on September 1, 1993
° Letter to Berkley Insurance Services, inc. (cc: John Rodeberg, Gary PI01:2 & Ken Merrill) on December 4, 1993
° Additional undocumented visits to Mr. Rodebero's office in 1993 and 1994
• Letter to Mr. Rodeberg on September 24, 1995
° Short discussion with a city maintenance worker (Dave) on the morning of June 26, 1997 to ask the status of
reconstruction of Shady Ridge 'Circle"
• Phone call to City Engineering office the morning of June 26, 1997 to make an appointment to meet with Mr.
Rodeberg - Informed that Mr. Rodeberg would be on vacation until July 14, 1997
CommunlcatlorJObservatlon Initiated by the City:
City Maintenance workers observed water entering our home on June 16, 1993 and spoke with us on the morning
of June 17, 1993
° City truck observed driving by house at midnight and 3:00 am on June 29, 1997 AS water wee entering our home
Sources of Frustration:
• No written oorespondence from the city in reply to any of our letters, visits, questions or concerns
• Only known correepondenoe to come from a city office was a loner dated June 20, 1993 sent to Thomas Hell of
Allied Adjusters. Inc. In an attempt to absolve the city of Hutchinson of any responsibility for the storm water that
entered our home (we received a copy of that letter from Mr. Heil)
• Told'exper& would be boking at the situation & suggesting solutions - have not seen or heard from any - experts
° Told a beehive cover to alleviate culvert pressure would be placed on the culvert on the west We of Shady Ridge
Rd - the cover was dropped off in Auguat of 1893 - never Installed - removed the Spring of 1984
• Told the Planning Commission would make decisions as to what would be done & who would bear the costs
beginning In January of 1994 - have heard nothing concerning this issue
• Informed we could lose insurance coverage (and be uninsurable in the future) a there are further claims of this type
• Possible unseen structural damage with Increased potential Tor structural damage each time water enters the house
through the patio door, the sump hole and/or the south facing foundational wall
• Loss of personal items that cannot be replaced each lime water has entered the house
• In excess of 40 hours of cleanup by family members each time water enters the house
° toss of sleep during storms having the potential to blood our yard and enter our house
° Concern that continued and additional development/conatruotion on and in the vicinity of North School Road will
increase problems
Action Sought:
" The City of Hutchinson's engineering department has had more than six years to study, assess and address the
omo5aive storm water problem. We ask that the Cdty Courrull take action to alleviate Ine problem within the next 4
months
`VM , %*Ahstlthe aftY9 for damages inOWed byWater aftle" awivin mthermomtng dl Juste 29, 1897 10
04/10/98 11:20 3M HUTCH TAPE BLDG. 31 003
SERVICEMASTER Invoice
I
P.O. BOX 128
• HUTCHIN90N, MN 653730 a
(320) 587.3939
7/18/97 3963 I
Sam & Shari Colvin
735 Shady Ridge Road
Hutchinson, MN 55350
P.O. NUMBEH TERMS PROJr_CT
a
JNT
I After Hours S4rviw Call
1 ExWWA and Smiti�a
1 R=W of TU% Pars 2 Drya
I Cleanlog of Area Rug 2 -20
1 acering of Arts Rog 2 -2x4
t Clwreinb ofAror Rub 1 - 9x9
1 Climint of Arc* Rut I Ilx8
Salsa Tax
50.00
50.00
50.00
20.00
16.00
16.20
47.40
6.50%
10.00T
50.00T
50.00T
20.00T
16,OO
16.20T
47.40T
16.22
•
.,—I*
TOTAL
$265.82
,OPEN -HOLD COUNCIL REPORT
14- APR- 1998page 1
1990 TIDS
FIRSTAR BANK OF MINNESOTA
-------------------------------------------------
INTEREST PAYMENT
$141,756.25
< *>
$141,756.25*
0 8
IMPR. CONST
OTTERSTATTER, DAVID M.
SERVICE FEES -ARCH ST PROPERTY
$40.00
< ->
$40.00*
CENTRAL GARAGE
BRANDON TIRE CO
MOUNT /DISMNT, PATCH
$13.26
CARQUEST AUTO PARTS
SHOP SUPPLIES
$1,487.24
CHAMPION AUTO
PARTS
$11.99
CITY OF HUTCHINSON
APRIL MEDICAL
$432.09
COAST TO COAST
HDWE
$44.80
COUNTRYSIDE RV SALES
MULTI- PURPOSE LEVELS
$9.92
FORTIS BENEFITS
APRIL LTD
$20.36
G & K SERVICES
TOWELS
$78.12
HART'S AUTO SUPPLY
FRONT PADS
$42.70
HOLT MOTORS INC
AXLE PART
$29.73
HUTCHINSON WHOLESALE
SHOP SUPPLIES
$534.29
MACQUEEN EQUIP INC
HOSE, HOSE GUIDE
$246.66
MN MUTUAL LIFE
APRIL LIFE
$7.14
NO STATES SUPPLY INC
BENCH VISE
$456.62
PLOWMANS
TAX ON INVOICE
$707.58
RUNNING'S SUPPLY
PLBG PARTS
$4.86
SNAP ON TOOLS CORP
SCREWDRIVER
$49.53
US POSTAL SERVICE
MARCH POSTAGE
$14.08
VALLEY SALES OF HUTCHINSON
PARTS
$32.25
ZARNOTH BRUSH WORKS
BROOM PARTS
$1,367.09
< *>
$5,590.31*
GENERAL FUND
AAGARD WEST
APRIL SERVICE
$852.95
AMERICINN MOTEL
LODGING CHARGES - HARRIS
$129.00
ARNOLD & MCDOWELL
MARCH COMPENSATION
$7,066.00
ASQC
DUES RENEWAL
$87.00
BAASEN, EUGENE
REIMS- SAFETY BOOTS
$59.99
BAUERLY BROS INC.
SIDEWALK SAND
$47.93
BENAGE, JODEE
REFUND- SOCCER CANCELLED
$15.00
BENNETT OFFICE SUP.
COPIER READINGS
$181.40
BIG BEAR
POPET SYTLE HALE
$11.69
•
BOODRY, JEFF
GAMES WORKED
$120.00
BOOR, SUSAN
REFUND- SOCCER CANCELLED
$15.00
BRANDON TIRE CO
TIRE TUBE, MOUNT /DISMNT
$15.85
BRANDT GARMET LETTERING
UNIFORMS
$167.00
13RINKMAN STUDIO
EKTACHROME
$23.69
BRODD, JIM
REIMB- LODGING, PER DIEM
$661.44
BROWN, JANET
MEAL EXPENSES
$200.00
BUSINESSWARE SOLUTIONS
SUPERSTACK II
$2,109.78
CADD /ENGINEERING SUPPLY
METRIC SCALE, PENS
$101.34
CARLSON, GARY
PER DIEM, LODGING
$260.48
CASH WISE
PHOTOS
$41.45
CDI OFFICE PRODUCTS LTD
PROJECTOR LAMP
$341.45
CENTRAL GARAGE
MARCH REPAIRS
$6,672.44
CITY OF HUTCHINSON
MARCH FUEL
$32,484.44
COAST TO COAST
UPS
$545.77
CRARY, MICHAEL
REFUND- SOCCER CANCELLED
$15.00
CROW RIVER GLASS
DOOR CLOSER
$104.88
CROW RIVER PRESS INC
BUSINESS CARDS
$184.64
CROW RIVER VET CLINIC
ANIMAL BOARDING
$224.71
DAAK REFRIGERATION
LABOR, PARTS- DISHWASHER REPAIR
$118.16
DEPT NATURAL RESOURCES
DNR FEES TO STATE
$1,506.00
DOMINO'S PIZZA
PIZZAS
$64.00
DUENOW, RUSSELL
REIMB- MILEAGE, LODGE, PER DIEM
$402.98
ECOLAB PEST ELIM
MARCH SERVICES
$22.37
EMANS, BRAD
REIMB- MILEAGE, PER DIEM
$260.26
ERLANDSON, BEN
REIMB- MEALS, MILEAGE
$71.17
FAMILY REXALL DRUG
PHOTOS
$62.08
FEDERAL SIGNAL CORP
ROTATING SIREN
$11,864.69
FORCIER, GARY
REIMB - MEALS, PER DIEM, PARK
$194.65
FORTIS BENEFITS
APRIL LTD
$1,585.53
FOURNIER, JULIE
REFUND -CLASS CANCELLED
$15.00
G & K SERVICES
UNIFORMS
$624.57
GANDER, CURT & JOAN
REFUND- SOCCER CANCELLED
$15.00
GASSMAN, REBECCA
REFUND- SOCCER CANCELLED
$20.00
GEE ELECTRICAL INC
MATERIALS, LABOR
$411.25
GENERAL OFFICE PRODUCTS
DICTAPHONE RENTAL
$138.09
F_ 1
L J
OPEN -HOLD COUNCIL REPORT
14- APR- 1998page 2
--------- ---- --- ------------------
GENERAL FUND GIFFERSON, TOM
- -- ---
REIMB -BOOTS
- $100.00
GOPHER SIGN CO
SIGNS
$78.34
GOVERNMENT INFORMATION SERVICE
GUIDE TO FED FUND
$353.50
GRINA, LISA
REIMB- TRAVEL EXPENSES
$62.29
GROEHLER, FLOYD
REIMB- MILEAGE - SAFETY COUNCIL
$43.40
GROUNDS MAINTENANCE SERVICES
TRAINING FIELDS -JOHN ARLT
$59.00
H & B SPECIALIZED PRODUCTS
VOLLEYBALL NET
$86.15
HAGER JEWELRY
ENGRAVED PLATE
$152.64
HAMMOND- JOHNSON, MICHELLE
REIMB- UNIFORM PANTS
$57.00
HEIUS, SINCLAIR
GAMES WORKED
$150.00
HIGGINBOTHAM, RUTH
BUILDING ATTEND
$30.00
HILLYARD FLOOR CARE / HUTCHINSON
TISSUE
$876.94
HOLIDAY INN- EXPRESS
LODGING EXPENSES
$420.36
HOLIDAY INN- EXPRESS BANDANA SQ
LODGING CHARGES
$89.27
HR DIRECT
LABOR LAW POSTER
$44.85
HUTCH CONVENTION &
FEB LODGING TAX
$4,558.11
HUTCH COOP CENEX
LP GAS & KEROSENE
$110.38
HUTCH FIRE & SAFETY
EXTING RECHARGE
$70.12
HUTCH MEDICAL CENTER
EXAM CHARGES & LAB
$128.50
HUTCH PLBG & HTG CO
PARTS, LABOR- REPAIR FAN
$378.62
HUTCHINSON JUNIOR LEAGUE BASEB
BASEBALL REGISTRATION
$25,159.35
HUTCHINSON LEADER
ADV
$2,387.96
HUTCHINSON TEL CO
REIMB WORK COMP CHARGES
$10,300.27
HUTCHINSON UTILITIES
STREET LIGHT POLES
$14,586.18
HUTCHINSON WHOLESALE
FILTER
$257.66
JACK'S UNIFORMS & EQUIPMENT
BADGES
$473.00
JOES SPORT SHOP
POOL PLAQUES
$157.50
KARG, LARRY
REIMB -MEALS
$22.99
KARP RADIO
RADIO ADS
$112.00
KILIAN, AMY
REIMB- FOOTWEAR
$100.00
KOELLN, KENT
PER DIEM
$60.00
LEAGUE OF MN CITIES
QTR 2 WORK COMP
$28,745.52
LEMKE, KOREEN
REIMB -ICE SHOW EXPENSES
$167.70
LINDER BUS COMPANY
BUS TRIPS FOR SKI CLUB
$690.00
LOGIS
MARCH SERVICE
$7,591.46
MAIN STREET SPORTS BAR
PIZZAS
$68.69
MARKA, JAMES
REIMB- MILEAGE
$9.30
MCGARVEY COFFEE INC
COFFEE
$142.52
MCLEOD COUNTY TREASURER
PARCEL LISTING
$120.50
MEYER, ANN
REFUND - SOCCER CANCELLED
$20.00
MIDWEST WIRELESS COMM.
APRIL SERVICE
$497.96
MINNCOMM PAGING
APRIL SERVICE
$276.83
•
MINNESOTA COUNSELING CENTER
PSYCHOL EVALUATION
$225.00
MINNESOTA REC & PARK FOUNDATIO
1998 ANNUAL MEMBERSHIP DUES
$20.00
MN ELEVATOR INC.
MARCH ELEVATOR SERVICE
$71.02
MN MUTUAL LIFE
APRIL LIFE - COBRA- MATTSFIELD
$548.94
MN SAFETY COUNCIL
REG -F GROEHLER, M WEIS
$300.00
MN SOCIETY OF ARBORICULTURE
RETESTING FEE
$50.00
MODERN MAZDA
TOW
$34.08
MOON, DOLF
REIMB -MEALS
$23.41
MOORE, ANDREA
REFUND - SOCCER CANCELLED
$30.00
MORE 4
BAKERY
$85.62
MR. MOVIES
VIDEO RENTAL
$5.98
MURPHY, VALERIE
REFUND - SOCCER CANCELLED
$20.00
MUSIC STORE, THE
SPEAKER REPAIR
$165.00
NADA APPRAISAL GUIDES
SUBSCRIPTION RENEWAL
$52.00
NIES, JEFF
PER DIEM
$60.00
NO STATES SUPPLY INC
HANDSAW, LEVEL
$182.63
NTOA
1998 MEMBERSHIP DUES
$30.00
OLSON, KAREN
REFUND -CLASS CANCELLED
$45.00
PEDERSON, RYAN
PER DIEM
$60.00
PEREZ, JONNIE
REFUND- SOCCER CANCELLED
$15.00
PHILLIPS, PAUL
PER DIEM
$60.00
PIONEER
LINE -MATE
$241.87
PIONEERLAND LIBRARY SYSTEM
QTR 2 PAYMENT
$20,108.75
PLOTZ, GARY D.
REIMB- MEALS, PARKING
$49.50
POPP, CONNIE
REFUND -CLASS CANCELLED
$8.00
POPP, JIM
REIMB- LODGING, PER DIEM
$635.43
PRINTS CHARMING
T- SHIRTS, SCREENS
$1,346.60
PRO AUTO CLEAN
CLEAN SQUAD CAR #8
$15.00
QUADE ELECTRIC
THERMOSTAT
$254.55
REECE, JASON
PER DIEM
$60.00
RIDER BENNETT EGAN & ARUNDEL
PROFESS SERVICES
$203.70
RUNNING'S SUPPLY
SCREWDRIVERS
$507.65
SCHMELING, CHRIS
REFUND OVERPAYMENT BASEBALL
$5.00
SCHNOBRICH, MARK
REIMB- LODGING
$69.18
u
OPEN -HOLD COUNCIL REPORT
GENERAL FUND SERVICEMASTER
SEVEN WEST WASH & DRY
S IERRA T
SIERRA DIGITAL
SILVERNALE, MICHAEL
SIMONSON LUMBER CO
SORENSEN FARM SUPPLY
SR.CENTER ADVISORY BD
STANDARD PRINTING
STATE TREASURER
STETZ, LANA
STREICHERS
STURGES, JASON
SUBWAY
TAB PRODUCTS
TRI CO WATER COND
TRIPLE G DISTRIBUTING INC
TWO WAY COMM INC
UNITED BLDG CENTERS
US POSTAL SERVICE
US WEST COMMUN
VEDDER, TODD
VIKING COCA COLA
VIKING OFFICE PRODUCTS
VIKING SIGNS
VOSTINAR, JOE
WAL -MART
WALKER, LISA
WEST CENTRAL IND.
WEST GROUP
WIEWECK, WENDY
WILLMAR CIVIC CENTER
WINZER CORP
WOLTER, KARLA
XEROX
YORK INTERNATIONAL CORP
STRIP & RECOAT FLOOR & BUFF
LAUNDER MOPS
SHREDDING
RECWARE SOFTWARE SUBSC RENEW
REFUND- CANCEL FROM GOLF
LUMBER
PARTS FOR BLOWER
REIMB -APRIL NEWSCASTER
TAGBOARD
QTR 1 SURCHARGES
REFUND - CANCELLED FROM CLASS
FREIGHT
PER DIEM
PORTION PLATTER, CHIPS
2 DRWR
SALT
POP PURCHASE
CHARGER
HINGE CORNER
MARCH POSTAGE
APRIL SERVICE
REFUND- SWITCHED LEAGUES
POP PURCHASE
JP LASER CARTRIDGE
AD SIGN
REIMB- SAFETY BOOTS
LIGHTING, MOUNT, CLIP
REFUND - SOCCER CANCELLED
36" LATH BUNDLES
PAMPHLETS
REFUND - OVERPAYMENT BASEBALL
STAGE RENTAL
GREASE, FLASHLIGHT
REFUND- CANCELLED FROM CLASS
MONTHLY LEASE PAYMENT
LABOR, MILEAGE, PARTS
14- APR- 1998page 3
--------------------
$639.00
$7.99
$79.92
$99.00
$35.00
$606.98
$29.45
$144.00
$26.19
$1,486.37
$23.00
$21.95
$60.00
$45.88
$1,874.14
$183.88
$50.40
$292.88
$16.10
$844.15
$654.70
$5.00
$124.20
$81.72
$126.12
$59.97
$52.89
$15.00
$1,218.16
$251.87
$5.00
$420.00
$115.07
$13.00
$283.75
$1,690.32
$207,184.96*
H COMM DEV.0
BUSINESSWARE SOLUTIONS
TRANSPARANCIES
$39.42
CITY OF HUTCHINSON
APRIL MEDICAL
$432.D9
CROW RIVER PRESS INC
NEWSLETTERS
$409.99
FORTIS BENEFITS
APRIL LTD
$15.10
GENERAL OFFICE PRODUCTS
CREDIT MINI CASSETTES
$9.51
HAGER JEWELRY
ENGRAVING
$90.91
HUTCHINSON LEADER
MARCH ADS
$286.68
HUTCHINSON TEL CO
APRIL SERVICE
$145.03
IMPRESSIONS INC
BROCHURE
$975.00
LENNES, RICHARD
REIMB -BOOKS
$2,597.37
MIDWEST WIRELESS COMM.
APRIL SERVICE
$38.42
MN MUTUAL LIFE
APRIL LIFE
$5.25
MORE 4
GROCERIES
$3.17
PRO COMMUNIQUE
2 NEWSLETTERS FOR 1997
$300.00
STAR TRIBUNE
ADS SUN -SAT
$251.75
SUBWAY
PORTION PLATTER, CHIPS, POP
$79.21
US POSTAL SERVICE
MARCH POSTAGE
$70.57
< >
$5,749.47*
HUTCH TRANS FAC.
CITY OF HUTCHINSON
MARCH WATER /SEWER
$392.19
COAST TO COAST
HDWE
$31.84
G & K SERVICES
UNIFORMS
$229.20
HUTCHINSON TEL CO
APRIL SERVICE
$304.47
HUTCHINSON UTILITIES
MARCH GAS & ELEC
$3,827.87
RUNNING'S SUPPLY
MAT
$15.94
SORENSEN FARM SUPPLY
CORE DRILL & BIT RENTAL
$76.68
UNITED BLDG CENTERS
STUD ANCHOR
$4.21
< >
$4,882.40*
INSURANCE FUNDS
CASH WISE
GIFT CERTIFICATES
$200.00
< *>
$200.00*
LIQUOR STORE
AAGARD WEST
APRIL PICKUP
$46.80
AM.LINEN SUPPLY CO
MARCH DELIVERIES
$227.34
0
OPEN -HOLD COUNCIL REPORT 14- APR- 1998page 4
----------------------------------------------------------------------------------------------------
LIQUOR STORE
BERNICKS PEPSI COLA
MARCH BEER PURCHASE
- $704.80
CITY OF HUTCHINSON
LOTTERY PAYMENT
$1,385.46
COAST TO COAST
UPS
$24.61
COLLINS BROTHERS
MARCH MISC PURCHASE
$469.10
CROW RIVER PRESS INC
BUSINESS CARDS
$36.00
ED PHILLIPS & SONS CO.
MARCH LIQUOR PURCHASE
$4,866.47
EL QUEENO CIGAR CO
TOBACCO PURCHASE
$166.05
FORTIS BENEFITS
APRIL LTD
$51.06
GLENCOE ENTERPRISE
MARCH ADS
$48.00
GRIGGS & COOPER TOBACCO DIV
MARCH TOBACCO PURCHASE
$187.69
GRIGGS COOPER & CO
MARCH LIQUOR PURCHASE
$7,416.14
HENRYS FOODS INC
MARCH MISC PURCHASE
$1,695.48
HERMEL WHOLESALE
MARCH MISC PURCHASE
$360.96
HR DIRECT
LABOR LAW POSTER
$14.95
HUTCHINSON LEADER
MARCH ADS
$391.21
HUTCHINSON TEL CO
APRIL SERVICE
$146.94
HUTCHINSON UTILITIES
MARCH GAS & ELEC
$889.10
JOHNSON BROTHERS LIQUOR CO.
MARCH WINE PURCHASE
$19,319.52
K D U Z
MARCH ADS
$49.00
KOEHLER,LYLE
REIMB -SHELF TAGS
$6.01
KYRS
MARCH ADS
$50.00
LEAGUE OF MN CITIES
QTR 2 WORK COMP
$625.47
LENNEMAN BEVERAGE DIST. INC
MARCH BEER PURCHASE
$3,367.20
LOCHER BROS INC
CREDIT
$14,553.30
LUNDHOLM, LORI
CLEAN WINDOWS
$42.60
MCGARVEY COFFEE INC
COFFEE
$33.25
MN MUTUAL LIFE
APRIL LIFE
18.06
MORE 4
SUPPLIES
55.87
PARTIES PLUS
DECORATIONS
$46.38
PAUSTIS & SONS
MARCH WINE PURCHASE
$2,521.48
OUADE ELECTRIC
EXIT LIGHTS
$6.28
QUALITY WASH
TRIP TO NEW UL4
$213.00
QUALITY WINE & SPIRITS CO.
APRIL LIQUOR PURCHASE
$2,031.33
SHOPKO
ALBUM
$17.02
ST. CLOUD RESTAURANT SUPPLY
MARCH SUPPLIES
$243.26
TRI CO WATER COND
WATER
$57.99
TRIPLE G DISTRIBUTING INC
MARCH BEER PURCHASE
$16,692.60
US POSTAL SERVICE
MARCH POSTAGE
$68.51
VIKING COCA COLA
MARCH MISC PURCHASE
$355.10
WINE COMPANY, THE
MARCH WINE PURCHASE
$88.00
< *>
$79,591.59*
•
PUBLIC SITES
MCLEOD COOP POWER
5 ELECTRIC HOOK UPS
$4,000.00
< *>
$4,000.00*
RURAL F. D.
BRODD, JIM
QTR 1 MILEAGE
$7.20
CITY OF HUTCHINSON
MARCH FUEL
$74.64
EMANS, BRAD
QTR 1 MILEAGE
$15.90
GLAESER, TOM
QTR 1 MILEAGE
$6.60
HAGEN, ROBERT
QTR 1 MILEAGE
$3.60
HOESCHENS, DUANE
QTR 1 MILEAGE
$4.80
HOMAN, ED
QTR 1 MILEAGE
$1.80
REDMAN, RANDY
QTR 1 MILEAGE
$3.60
RUNNING'S SUPPLY
HDWE
$8.18
SCHRAMM, STEVE
QTR 1 MILEAGE
$17.10
STEELE, DAN
QTR 1 MILEAGE
$7.20
< *>
$150.62*
SCDP 97 Hsg Reh
HRA
ADMINISTRATION
$15,000.00
< *>
$15,000.00*
WATER /SEWER FUND
AAGARD WEST
MARCH PICKUP
$30,002.73
BUSINESSWARE SOLUTIONS
PRACTICAL PERIPH
$94.23
CDI OFFICE PRODUCTS LTD
BINDERS
$122.90
CENTRAL GARAGE
MARCH REPAIRS
$1,907.26
CITY OF HUTCHINSON
MARCH FUEL
$5,247.50
COAST TO COAST
WD40
$171.31
CORNELL UNIVERSITY
MEDIA SERVICE
$35.00
CROW RIVER PRESS INC
BUSINESS CARDS
$18.77
CULLIGAN WATER COND
RENTAL
$62.88
D2 SERVICES
LABOR, TRAVEL, REPAIR BENCH
$1,648.01
DATASTREAM SYSTEMS
SALES TAX ON INVOICE
$15.58
I
-OPEN -HOLD COUNCIL REPORT
WATER /SEWER FUND
0
•
c *>
DEVRIES, RANDY
DOBRATZ ESTATE, MRS. O.
FLEXIBLE PIPE CO
FORTIS BENEFITS
G & K SERVICES
GENERAL OFFICE PRODUCTS
GRAHAM, MARION
HENRY & ASSOCIATES
HILLYARD FLOOR CARE / HUTCHINSON
HR DIRECT
HUTCH COOP CENEX
HUTCH MEDICAL CENTER
HUTCHINSON LEADER
HUTCHINSON TEL CO
HUTCHINSON UTILITIES
HUTCHINSON WHOLESALE
IMPERIAL PORTA THRONES
INFRATECH
JEFF'S ELECTRIC
JUUL CONTRACTING CO
L & P SUPPLY CO
LEAGUE OF MN CITIES
LOGIS
MIDWEST WIRELESS COMM.
MINNCOMM PAGING
MN DEPT OF HEALTH
MN MUTUAL LIFE
MN VALLEY TESTING LAB
NALCO CHEMICAL CO.
NCL
NOTCH'S METALS
QUADE ELECTRIC
RUNNING'S SUPPLY
SAFETY FIRST
SCHMELING OIL CO
SCHRAMM IMPLEMENT
SORENSEN FARM SUPPLY
STANDARD PRINTING
TRI CO WATER COND
US FILTER /ENVIREX
US FILTER /WATERPRO
US POSTAL SERVICE
VWR SCIENTIFIC INC
WALDOR PUMP & EQUIP
WELCOME NEIGHBOR
LIQUOR FUND
LIQUOR SALES TAX
REIMB -MEALS
REFUND OVERPAYMENT -813 ELM ST
RADIAL NOZZLE
APRIL LTD
UNIFORMS
CALCULATOR
REIMB - MILEAGE
BRONZE METER CONNECTIONS
SHRINK WRAP
LABOR LAW POSTER
UREA
EXAM CHARGES & LAB
ADS
APRIL SERVICE
APPLY TO "99" ACCOUNT
REPAIR & MAINTENANCE SUPPLIES
FEB UNIT RENTAL
MIXED CAL -GAS
LABOR
SDR 35 PVC
L & G TRACTOR
QTR 2 WORK COMP
MARCH SERVICE
APRIL SERVICE
APRIL - JUNE RENTAL
QTR 1 CONNECT FEES
APRIL LIFE
WATER TESTS
WATER STABI
LAB SUPPLIES
REPAIR PUMP COVER
BULBS
HAND TRUCK, HOSE
SAFETY TRAINING #4
KEROSENE
PTO SHAFT FOR MIXER
GENT GENERATOR
DIVIDERS, CARDSTOCK
SALT
INSPECT DAMAGES DRIVE
ECR METER 10000
MARCH POSTAGE
FUNNEL, CONTAINERS
REPLACEMENT ACCESS COVER
FEB LISTING
14- APR- 1998page 5
------------------
$44.61
$127.29
$214.16
$406.94
$54.91
$58.28
$499.51
$200.54
$14.95
$37.50
$128.50
$387.24
$738.89
$22,276.63
$67.82
$117.43
$371.01
$220.36
$1,944.00
$13,461.60
$2,677.51
$3,017.78
$20.05
$32.27
$5,163.00
$74.97
$100.00
$5,327.66
$910.96
$27.00
$6.92
$94.73
$300.00
$14.00
$345.89
$69.23
$46.14
$32.58
$4,938.01
$1,420.09
$996.69
$208.44
$575.50
$120.00
$107,239.76*
$571,385.36*
$15,461.00
0
IMMEDIATE PAY COUNCIL REPORT
14- APR- 1998page 1,
---- ------ -------- --- - -- _ __
GENERAL FUND DEPT NATURAL RESOURCES
_ - _----- _-- - - - - -_
DNR FEES TO STATE
____---
$1,716.00
-_ - - --
DULUTH CONVENTION & VISITORS B
LODGING DEPOSIT - COUNCIL
$948.00
SRF BLANK, RIBBONS
ELECTRO RENT CORP
RENTAL OF COMPUTER EQUIPMENT
$3,533.02
CITY OF HUTCHINSON
GE CAPITAL
TRAINING, LODGING
$13,255.90
HUTCHINSON JAYCEES
WATER CARNIVAL PARADE DONATE
$500.00
MINNESOTA DEPT OF PUBLIC SAFET
DRIVING RECORD FEES
$9.00
$89.3B
MPCA
NPDES ANNUAL FEE
$210.00
EXTING INSPECTION
URBAN COMMUNICATIONS
LAMP HOURS, HEADSET
$855.38
JORDON BEVERAGE INC.
HUTCH COMM DEV.0 US POSTAL SERVICE
$21,027.30*
NEWSLETTER MAILING
$176.11
$176.11*
LIQUOR STORE
BROWNS FLORAL
ROSES, VASES
$108.63
CDI OFFICE PRODUCTS LTD
SRF BLANK, RIBBONS
$29.71
CITY OF HUTCHINSON
MARCH LOTTERY
$1,052.00
CITY OF HUTCHINSON- GENERAL FUN
PAYROLL 3/27/98
$7,145.11
GRIGGS & COOPER TOBACCO DIV
TOBACCO PURCHASE
$89.3B
HUTCH FIRE & SAFETY
EXTING INSPECTION
$17.50
JORDON BEVERAGE INC.
MARCH BEER PURCHASE
$1,350.85
QUALITY WINE & SPIRITS CO.
MARCH WINE PURCHASE
$1,210.53
STANDARD PRINTING
CASSETTES, NAME TAGS
$117.18
< *>
$11,120.89*
PAYROLL FUND
AETNA VARIABLE LIFE ASS. CO.
EE CONTRIB 3/21
$575.00
AMERICAN FAMILY INS CO.
EE CONTRIB 3/21
$87.36
GREAT WEST LIFE INS. CO.
EE CONTRIB 3/21
$100.00
H.R.L.A.P.R.
EE CONTRIB 3/21
$170.08
ICMA RETIREMENT TRUST
EE CONTRIB 3/21
$2,601.17
PERA LIFE INS CO.
EE CONTRIB 3/21
$114.00
PERA- D.C.P.
EE CONTRIB 3/21
$52.02
PRUDENTIAL
EE CONTRIB 3/21
$180.00
PRUDENTIAL MUTUAL FUNDS
EE CONTRIB 3/21
$30.00
PUBLIC EMPLOYEES
EE CONTRIB 3/21
$16,558.73
TEMPLETON INC
EE CONTRIB 3/21
$480.20
WADELL & REED
BE CONTRIB 3/21
$150.00
< *>
$21,098.56*
WATER /SEWER FUND
CAREERTRACK SEMINARS MS2
REG -RANDY DEVRIES
$99.00
CONSOLIDATED FREIGHTWAYS
FREIGHT -SKID MACHINES
$298.96
DULUTH CONVENTION & VISITORS B
LODGING DEPOSIT - WATER /WASTEWTR
$79.00
MPCA
REG - MARION GRAHAM
$150.00
TECH SALES
REG - MARION GRAHAM
$25.00
< *>
$651.96*
$54,074.82*
•
A
C
•
TO: Mayor and Council
Hutchinson Fire Department
205 Third Avenue SE
Hutchinson. MN 55350 -2673
320 - 587- 2506/Fax 320 -234 -4469
FROM: Brad Emans, Fire Chief
MONTHLY CITY COUNCIL UPDATE
March, 1998
The fire department responded to 33 calls for service in March.
Breakdown of the Citv calls
7 -
Residential
2 -
Commercial /Industrial
3 -
Multi Family
2 -
Rescue
2 -
Vehicle
6
Carbon Monoxide
_
Is 1
Goodwill
Breakdown of the Rural calls
1 - Residential
4 - Rescue
1 - Grass
4 - Medical
Drills /Meetinos for the month
• SCBA Maintenance
• CPR Testing
• Haz -Mat Update
• Officer Tour of New Buildings (Pre -Plan)
/bb
KTIRE\CCUPDATE.
Printed on mcycled poper-
0
HUTCHINSON SAFETY COUNCIL MEETING JANUARY 26, 1998
The Hutchinson Safety Council met at the Elks Lodge on Monday, January 26, 1998 at noon.
Members in attendance were: Leslie Smith, Frank Murphy, Myron Johnson, Dick Higgins, Kay
Peterson, Dave Conrad, Greg Curry and Vi Viesselman. Wayne Micka attended as a guest.
Due to the illness of Casey Stotts, the meeting was conducted by Les Smith. The minutes from
the last meeting were read , corrected and accepted as corrected. A motion to cast a group[ vote
for the slate of officers as proposed was made by Myron Johnson and passed by the membership.
The officers for 1998 will be
President Dick Higgins
Vice President Frank Murphy
See/Tres Vi Viesselman
It was voted to include as members at large: Casey Stotts (Past President) and Myron Johnson.
OLD BUSINESS
It was reported that the letter requesting fund donations for the Safety Council is still in process.
A recommendation was made to have Norm Bohn and the Lite -a -Bike program as conducted by
the VFW be part of the Bike - Safety Event. There was as expression of interest by the people from
• the American Legion that were present in also contributing to this event. It was also
recommended that the TPA program of Watch for Children stickers be included in the Fair
Booth.
After discussion it was decided to table the discussion of the traffic concerns on Century Avenue
until further developments.
NEW BUSINESS
The Program Schedule for the year was set up as follows.
February - -- School Safety Patrol Presentation
April - - -- Overview of the Safety Program at HTI
June - - -- Presentation by a representative from the Minnesota Safety Council
September -- -Casey to give Fire Safety presentation
November - - -- Hospital Safety
Greg Curry expressed a concern about traffic/pedestrian safety at the Middle School during
student drop -off and student pick -up times. After discussion Kay Peterson volunteered to contact
City Planners as to when School Road will be improved.
There was a discussion about the automobile driver confusion surrounding the Bike Lanes in the
city.
A question about snow- mobile traffic rules was brought forth. It was suggested that next year the
snowmobile traffic rules could be published in the city news letter.
The next meeting will be on February 23, 1998.
•
0
HUTCHINSON SAFETY COUNCIL MEETING FEBRUARY 23, 1998
The Hutchinson Safety Council met at noon in the Elks Lodge on February 23,1998. Members
present were; Lucille Smith, Les Smith, Dave Conrad, Dick Higgins, Myron Johnson, Joyce Rix,
June Wick, Frank Murphy, Mark Schnobrich, and Vi Viesselman.
Dick Higgins, President, chaired the meeting. The minutes were read by the members and
approved.
OLD BUSINESS
Dick Higgins reported that he had contacted Carol Bufton, President of the Minnesota Safety
Council and she will make a presentation at our June 29th meeting. He expressed a desire to have
more members present at that meeting.
Les Smith reported that the Bike/Blade Safety Event will be on Saturday, May 9, 1998.
NEW BUSINESS
June Wick expressed concern about the lack of sidewalks in the more newly developed areas of •
the city. A general concern was expressed concerning pedestrian safety. Myron Johnson reported
that the present plan for summer is to put new walkways in the School Road and Roberts Road
areas. There are also plans for a sidewalk from the Fairgrounds to highway #15. Myron
volunteered to check on what guidelines are used to determine where new sidewalks should go. A
presentation on the School Patrol was presented by Dave Conrad and Myron Johnson. The school
patrol program is presently in place at Park Elementary and St. Anastasia's School. There are
ninety-eight fourth and fifth graders at Park School involved. Every year, about fifteen patrol
captains from Hutchinson attend the camp sponsored by the American Legion. In addition to
creating a safer environment for the student community this program builds responsibility and
leadership skills.
•
• Hutchinson Fire Department
Regular Meeting
Monday March 2, 1998
The meeting opened at 8:05 PM.
The minutes from the previous month's meetings were read and approved.
Committees
Dance - Tim Huiras stated that the dance date is April 18'" at Cedars Edge in Cedar Mills with
Clover playing. Everything is ready.
Banquet - Brian Koelln stated that the banquet will be on May 9"' at the Country Club.
Uniforms - Contact Rob Carlson if you need uniforms or coveralls.
Membership - Tom Glaeser stated that there would be a meeting on March 9 th .
Fire Prevention — Casey Stotts stated that there are two dates at the Mall in April. signup sheet in
the control room. There is also a station tour on March 9 at 9:30 A.M.
Bills
• General Account
Legion Post 98
$880.00
Triax Cablevision
$3.03
Cash
$30.00
McLeod Co. Sheriffs Dept.
$100.00
Surplus Services
$40.00
Jason Reece
$40.37
Cashwise
$91.85
Liquor Hutch
$69.55
TOTAL
CO Officer Only
2 -24
$1254.80
Runs
2 -1
CO Officer Only
2 -20
Chimney — Hutchinson Twsp.
2 -2
Mufti- Residential - 435 California
2 -21
Vehicle
2 -3
Gas Smell — Officer Only
2 -23
Alarm — Plaza 15
2-6
Multi - Residential — Prince of Peace
2 -23
CO Officer Only — Acoma Twsp.
2 -7
CO Officer Only
2 -24
10-52 — Lynn Twsp.
2 -7
CO Officer Only
2 -24
Commercial — CRCC
2 -8
Medical — Acoma Twsp.
2 -26
Alarm — High School
2 -9
Residential — 718 Juul
2 -2
Drill & Meeting
2 -12
Smoke Smell — Officer Only
2 -9
SCBA's
2 -15
Commercial — Little Dukes
2 -9
Drill
2 -15
CO Officer Only
2 -11
County Chiefs Meeting
2 -17
Goodwill — Officer Only
2 -16
Drill
2 -20
CO Officer Only — Hassan Valley
2 -19
Townboard
. 2 -20
Medical — Hutchinson Twsp.
2 -23
Drill
MMS to approve the bills and runs as read. Motion Passed
Old Business
Duane Hoeschen asked that everyone make a copy of their 1 x Responder card to put in the
personnel file.
New Business
Chief Brad Emans stated that at the County Chiefs Meeting it was decided to start a county dive
team. Scott Stumff from Glencoe will head this up. Brad took names and qualifications of those
interested.
Chief Brad Emans then asked for qualifications of members on Hazmat. Brad took names and
qualifications.
Chief Brad Emans then stated that the Hutch utilities had a spill. In the future, only the Fire
Dept. will respond and no other city crews unless requested.
Chief Brad Emans is working on getting a personal service contract with Mark Schoutz & K9. If a
K9 is needed, call the county Sheriffs office direct.
A thank you was given to Brian Koelln ans Lunch Committee for the Town Board meeting
Meeting Adjourned at 9:15 P.M.
Jim Brodd
Secretary
0
11
CITY OF HVHINSON
LIQUOR STORE COMPARISON
MARCH 1997
LIQUOR
BEER
WINE MISC.
TOTAL
TOTAL
BY WEEK
1
3,302
5,106
1,140
312
9,860
LIQUOR STORE
COMPARISON
9,860
3
1,482
2,197
403
176
4,258
4
1,192
1,747
423
146
3,508
-
5
1,759
2,282
775
174
4,990
6
2,270
2,872
639
236
6,017
7
3,239
5,525
1,253
547
10,564
8
3,084
4,970
1,491
461
10,006
4,137
4
1,663
2,570
497
39,343
10
1,330
1,893
506
141
3,870
823
11
1,625
1,962
312
210
4,109
6,531
12
1,914
1,975
526
154
4,569
3,278
13
1,737
2,423
572
156
4,888
14
3,149
5,367
1,163
378
10,057
15
3,528
5,436
1,165
345
10,474
10
1,402
2,198
523
174
37,967
17
1,709
2,246
366
149
4,470
140
18
1,215
1,869
449
146
3,679
686
19
1,272
1,914
373
114
3,673
5,183
20
2,040
3,419
687
279
6,425
3,478
21
3,039
5,587
906
321
9,853
22
3,137
6,124
1,180
398
10,839
16
1,602
2,013
491
187
4,293
38,939
1,674
2,272
564
166
4,676
4,576
25
1,322
2,078
899
147
4,446
211
26
1,870
2,448
1,074
296
5,688
851
27
1,786
3,190
942
190
6,108
5,825
28
3,763
5,772
1,809
366
11,710
3,394
29
4,119
8,604
2,981
603
16,307
41,104
48,935
31
1,444
1,978
441
127
3,990
24
1,304
2,226
436
213
3,990
TOTAL
58,001
91,256
23,039
6,738
676
179,034
96TOTALS
55,257
87,957
17,963
6,036
3,702
167,213
% OF SALE
32
51
13
4
3,383
100
SALES INC OR
DEC
9,955
11,821
7
%
CITY OF
HUTCHINSON
LIQUOR STORE
COMPARISON
!ARCH
1998
-
-- -- --
- - -- ---
- - - - - --
TOTAL
LIQUOR
BEER
WINE
MISC.
TOTAL
- --
BY WEEK
--- - -----
- - - - - --
2
-- - - - - -- --
1,584
- - - - --
2,098
-- - - - - --
311
- - - - - --
151
-- ---
4,144
3
1,474
1,928
499
236
4,137
4
1,663
2,570
497
238
4,968
5
2,382
3,238
823
204
6,647
6
4,182
6,531
1,211
477
12,401
7
3,278
5,318
1,585
319
10,500
42,797
9
1,400
2,288
643
158
4,489
10
1,402
2,198
523
174
4,298
11
1,859
2,264
526
140
4,789
12
1,661
2,991
686
245
5,583
13
3,518
5,183
1,217
398
10,316
14
3,478
5,252
995
319
10,044
39,519
16
1,602
2,013
491
187
4,293
17
1,727
2,280
428
141
4,576
18
1,547
1,923
683
211
4,364
19
2,198
2,676
851
233
5,958
20
3,413
5,825
1,276
491
11,005
21
3,394
5,946
1,042
526
10,908
41,104
23
1,436
2,347
555
198
4,535
24
1,304
2,226
436
213
4,179
25
1,647
2,419
676
252
4,995
26
2,335
3,702
833
319
7,189
27
3,383
5,281
882
409
9,955
28
3,846
6,556
1,333
519
12,254
43,107
30
1,396
2,486
466
163
4,531
31
1,579
2,159
444
264
4,446
8,977
58,688
89,699
19,932
7,185
175,504
97 TOTAL
58,001
91,256
23,039
6,738
179,034
Y OF SAL
33
51
11
4
100
SALES INC OR DEC
(3,530)
(2)
6
b 001112 1 V
� A %.g � �NNESOT
�� 4 TE LOttE� '
Iln6 b.N pr Vw .,1 F:ewi C..T..,R
April 10, 1998
Dear Retailer:
Over the past few years, the lotteries in this country have been working with the
National Association of Convenience Stores (NAGS) to study a host of issues surrounding
the sale of lottery tickets. One of the main objectives of the study was to determine what
could be done to improve the efficiency of the lottery transaction. The study reviewed
various aspects, from delivery to accounting. Minnesota, as you know, has state of the
art systems, delivery and accounting in place and makes changes that benefit retailers on
a regular basis. We will continue to do so.
The NACS study found that the sale of lottery tickets is profitable to retailers. Add
to that the repeat traffic of customers, and lottery sales are a significant means of
improving overall sales at any store. As a part of the NACS review, it was evident that the
profit Ievetwas not at the average profit margin for stores, although in Minnesota it was
higher than in most states. Therefore, the Lottery determined that it would seek
• legislative approval to increase retailer compensation. In addition, we proposed to
increase the Lottery's advertising budget, capped at 2.75% of sales (ad rate increases
have reduced our ad volume by nearly one - half), and to reauthorize holiday - themed
games. Other minor technical changes were also introduced.
We received bi- partisan support in the committees overseeing the Lottery.
Despite opposition from some surprising quarters, the bill, minus the advertising increase
and the holiday themed games, passed and was signed into law with an effective date of
July 1, 1998.
This new law provides ,that , your. mission _+nnll mcre{ase l from ; 5 *�, to 5.5% prd
each ticket you sell You,*11 also receive a 1 cashing` commission on all lottery tickes�
.„
'redeemed ad your The bill also allows a possible bonus commission if total
lottery sales increase over the prior year. Further, the Lottery is required to review the
commission rates each year for any adverse effect on beneficiary proceeds.
With these changes, Minnesota State Lottery retailer commission rates will be at
the top end of rates across the country. You work hard for us, and you deserve both the
recognition and compensation. We appreciate your continuing efforts selling our
products. Lottery sales benefit all of us, now more than ever.
Very truly yours,__,' --I._
George R. Andersen
Director
. _* • . ..� , . I - _. —: � n__J O. .11. AA:.... _,sec„] IAl2)Al] .1/ 1 CAV11111
5 DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service
D
Food and Drug Administration
Rockville MD 20867
FO R YOUR I Nr ORMATJOAf
OWNER April 6, 1998
Liquor Hutch
245 Washington Ave E
Hutchinson, MN 55350 -2612
Congratulations! You or one of your salesclerks followed the new rules and did not sell
tobacco to an underage teenager.
In February 1997, FDA rules took effect making it against the law to sell cigarettes and
smokeless tobacco to kids younger than 18 years old. These rules also require retailers to
verify the age of custom9rs who are younger than 27 years'old by'checking their photo ID.'
FDA has been visiting retailers in your state to make sure that they are following the rules. As
part of this effort, an underage teenager tried to buy cigarettes or smokeless tobacco at your
store. You or one of your salesclerks followed the new rules by refusing to sell to the
• teenager. A copy of the form that FDA used during its visit to your store is printed on the back
of this letter.
By not selling cigarettes and smokeless tobacco to underage children, you are helping to
protect them from tobacco use. More than 80 percent of people who smoke had their first
cigarette before their 18th birthday. Sadly, of the nearly 3,000 children who become regular
smokers every day, 1,000 will die prematurely because of their smoking.
FDA wishes to thank you for helping us to prevent kids from using cigarettes and smokeless
tobacco. We realize that you may wish to congratulate your employee. The form on the back
of this letter tells you whether the salesclerk involved in the check is a male or female, and the
date and time of our visit. We hope this is helpful. We do not have any more information
about your employee. If you would like to speak to someone about this letter, please call Ms.
Mary Lyda at (301) 827 -0353.
Sincerely,
�U� pt
Mitchell Zeller
Associate Commissioner
Office of Policy
APR In �
�� RELIVED ��g
0
Tobacco Compliance Check
Retailer Information (Please use the Tobacco Compliance Check Correction Fonn to report changed information):
Liquor Hutch ID Number
245 Washington Ave E 25004079
Hutchinson, MN 55350 -2612
Result of Previous Cheeks:
_) _en Merch SM1Grocery Conven Cony/Gas G Gas '_' D rug Toba t Othe
it unabM to =npkte the Comprence Check, please 0 in the appropriate dicle:
U Does Not Sell Tobacco O Business Closed I-) Out of Business Unsatisfactory Conditions
�--' Business Name Change O Owner Changd (reVislt only) (D Address Change
Date of Check:
0 3 1 7 9 8
rz n 9
!♦ 3 _7
4 , i 4, ,4.
(6) O (5(
L71 J J,
ts) O L
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Officer ID:
0 0 6 5 0 1
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ID Requested: Age Asked: Sale Completed. Retail Clerk:
L( Yes G Yes Yes O Male
No ! No i No Female
Officer witnessed Attempted purchase Item:
sale to minor.
Yes Cigarettes
No Smokeless Tobacco
Computer Reproduction of Inspection Results From FDA Form 3447 (7197)
( 1 fiI N 1 111 it
i
,r
•
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 ANO NEW YORK
(612) 389 -2214
FAX(612)389 -5506
METRO LINE (612) 545 -6018
RESIDENT ATTORNEY
STEVEN A. ANDERSON
March 24, 1998
Reply to Hutchinson Office
Gary D. Plotz
Hutchinson City Administrator
Hutchinson City Center
111 Hassen Street S.E.
Hutchinson, MN 55350
RoCsIVED
MAR 2 71996
CIn of tiuiCHASON
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 (320) 587 -4096
FOR YOUR INFORMATION
Re: CATV /City of Hutchinson
• Dear Gary:
I'm enclosing herewith a copy of correspondence received from Bernick and Lifson dated March 16,
1998. I would appreciate it if you would provide a copy of this correspondence, along with a copy of
my letter, to the Hutchinson City Council in the next city council packet so that they are up to date on
the status of these matters.
I have received in recent days some additional complaints regarding outages but it appears that most of
those problems were corrected the next day. I've had at least two instances where outages occurred,
in other words no cable service was present, and the parties complaining about the absence of cable
service were told they were wrong, they did have cable service because "no outages had been reported ".
I'm not certain how this conclusion can be reached in view of the reported complaint, but I pass it along
for whatever it might be worth.
Thank you. Best regards.
Very truly yours,
ARNOLD, ANDERSON & DOVE, P.L.L.P.
G. Bang Anderson
Attorney at Law
• GBA:ln
Enclosure
ATTORNEYS AT LAW
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371 -2005
'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
03 -16 -1998 17:01
NfAL J. -JNA /IRO
SAUL A. ■ZRNICM'
TNOM" 1. CREIONTON
SCOTT A. LIFO*.
OAVIO N. NIONTINOALLt
RAU L J. O UAOT
ROBERT J. V� VORi
WILLIAM A. FORSf CRO
6125461003
BERNICK 8 LIFSON
BEF,NICK AND U FSON
A FROF[771011ALA22 OC1ATIOM
A'rTOANCY2 AT LAW
•UITL I[OO. THE C060MN..6
9960 wAV ATA BOULNARS
MINNCAPOLIB. MINNESOTA 10 841e - 1170
TCLCRNO (01-1 ■.
.ACSIMILC (0125 6
March 16, 1998
via facsimile to 320- 587AO96 and U.S. Mail
Mr, G. Barry Anderson, Esq.
Arnold, Anderson & Dove
101 Park Place
Hutchinson, MN 55350 -2563
Re: City of Hutchinson
Dear Barry:
P.01
fwL[p "O+.Tf[O �N byGOnhw
'AU{O CtRTITIm MJfLJE AE[EUMAM
• Y.fE AfMRT[S IN RD•IN
"AAL ASSISTANT
NATNRVN O. MA*TCRMAN
In response to your telephone call to our Office last week, please be advised that the cable franchise
ordinance (No. 95 -131) requires that the cable system be upgraded to 550 MHz and be capable of
delivering a minimum of 60 channels on or before April 25, 1998. In addition, the franchise clarifies that
the upgrade contemplated by the City was to incorporate fiber optic te:hnology into the cable plant, •
including fiber optic ttunk line.
By copy of this letter, I request that Triax provide a written update as to the status of the system rebuild.
This update should include detail regarding work completed, work undativay, and the expected date of
completion of the upgrade. In addition, this information should include the expected system capacity upon
completion of the upgrade, information regarding the total number of video programmed channels offered
currently and upon completion of the upgrade, sad any information concerning the introduction of new
services as a result of the upgrade to the extent this information is applicable.
Finally, I intend to begin work in earnest on development of custome service standards to address issues
such as late fee charges and other potential billing problems. In this regain I expect that the first step will
be to initiate some dialogue regarding the nature of the customer service problems perceived by the City
and Triax's position or proposal regarding correction of such problems.
Please do not hesitate to contact the with any questions.
Yours truly,
BE AND / IFSON, Y.A.
Robert J. V.
j .'
se
cc: Ms. Jane E. Bremer, Attorney at Law •
Mr. Thomas D. Creighton, Attorney at Law
RasMsntlal Site Acqulshrion Report
Hutchinson Flood Recovery
9
Property
Address
Owners)
Name
Completed
Written Offer
Date
Contract
Accepted
.
Closing
Date
Comments
Notified of
Interest
Appraisal
Com etc
Pre -Offer
Interview
Forms
Package
Date
Amount
225 Huron Street
Nathan Bassett
x
x
10-Feb
as
19Fab
E 275,000
I
24-Feb
"r
Not likely to sett
126 Erie Street
James Btomm it
x
x
Not likely to sell
421 First Avenue
Hwry/BftWw
x
x
29Jen
yes
26 -Feb
E 80,000
16-Mar
signed contract
116 Huron Street
Richard Carlson
x
x
es
18-Feb
E 87,500
21-Feb
27 -Mar
CLOSED
116 Erie Street
Tom d Terri Goldschmidt
x
x
27Jan
es 3/3
11-Mar
E 78,500
unsure
330 Ontario Street
Scott Henson
x
x
29-Jan
18 -Feb
E 57,000
23-Fab
13-Apr
olgrwd contract
630 Second Avenue
Brett &Victoria Ktabunde
x
x
29-Jan
es
19-Fab
E 50,500
27 -Feb
sigined contract
518 Second Street
Dwaine Lutrke
x
x
29-Jan
umure
136 Ontario Street
Zapp Bank do Daryl Moritko
Trustee for Dorothy Schram
x
x
phone
yes
26 -Feb
E 42,000
5-Mar
signed contract
103 Erie Street
PulkrebeWEridrson
x
x
Not likely to betl
126 Huron Street
Reinhardt Ouast
x
x
phone
sent 2123
2-
E 48,000
Meeting April 2nd
605&607 Third Ave.
Kurt & Pony Rischmilier
x
x
27Ja2
es
19Feb
E 57,500
11,ar
signed conct
s tra
118&126 Ontario Str.
SandstedeNaien
x
x
29Jan
es
18-Feb
E 6Q000
23Feb
13 -ktar
CLOSED
915 Third Avenue
Grace Shoen
x
x
30-Jan
es
18-Feb
E 30 000
23 -Feb
signed contract
1861196 Third Ave.NE
Norm & Lorraine Wright
verbal
x
-
recently added/unaure
Total E under contrwL E 557,000
Commercial Sib Acqulsiflon Report
Property
Address
Omer(s)
Name
Completed
Written Offer
Date
Contract
Accepted
Closing
Date
Comments
No86ed of
Interest
Appraisal
Complete
Pre1Mer
Interview
Forms
I Package
Date
Amount
Fahey Sates Btd .
Jim Fahey
x
x
10-Feb
as
19Fab
E 275,000
I
24-Feb
"r
Ready to Clow
Chamber of Com.
Chamber of Commerce
x
x
getting 2nd appraisal
Simonson Lumber
Simonson Properties
x
x
19-Feb
S 345,000
getting 2nd appmisal
Total E under contract: E 275,000
V
Complete the relevant sections and fax report to John Cosgrove, DTED, (612) 296 -5287 by
the 3rd day of each month.
Local Entity City of Hutchinson Date April 1, 1998
DTED Grant Number (if applicable) FLOD -97- 0089- W -FY97
Report Completed by Rebecca Steen, Mid- Minnesota Development Commission
Phone Number (320) 235 -8504
1) REHAB - RESIDENTIAL /COMMERCIAL
2) BUYOUTS
Expected Number of Buyouts 18 (15 Residential, 3 Commer
Owner-Occupied
Rental Units
Commercial
Current
Month
To
Date
Current
Month
To
Date
Current
Month
To
Date
.ATdirnher of Applications Taken
Number of Contracts Awarded
Number of Self Help
Number of Rehabs Completed
Number of Houses Moved
2) BUYOUTS
Expected Number of Buyouts 18 (15 Residential, 3 Commer
Current Month
To Date
Number of Signed Purchase Agreements
4
9
Number Closed
2
2
Number of Purchase Offers Made
C ,
J
3) INCENTIVE PROGRAMS
Number of Applications Taken - Lot
Number Processed - Lot
Number of Applications Taken - (Gap) Equity Loan
Number Processed - (Gap) Equity Loan
Other
Current Month
To Date
q) INFRASTRUCTURE
Goal I Plans tSpecs
Complete Date
Contract
Start Date
% Physical Work
Complete
Distribution System
Treatment Plant
Collection System
Treatment Plant
Levee/Flood Drainage
Other Infrastructure
S) BUSIN FINANCE PROTECTS (NON - RE HAB)
Expec N o f L
Number of Applications Received
Loans Approved
Current Month I To Date
COMMENTS:
One of the commercial properties, Falvey Sales, is scheduled to close April 13, 1998.
The two other commercial properties have both decided to get a second appraisal.
Six residential properties are ready to close and seven are undecided at this point;
I am continuing to meet with tenants for relocation
counse
E
\J
•
BUSINESS
In 1996 America rewrote radio and television lawforthe firsttime in 62 years.
The reform has failed to promote the competition it promised
I N HIS first speech to America's television
bosses on January 19th, Martin Luther
King day, the new chairman of the Federal
Communications Commission, Bill Kenn-
ard celebrated the industry. Without televi-
sion, he said, King's great speech in front of
the Lincoln Memorial might have been a
footnote in history, without television,
black people like himself would not have
seen the growing power of the civil -rights
movement in the 196os It was a friendly
introduction, but also a reminder of Mr
Kennard's attitude to the media: they are to
serve society, not the other way round.
That is more radical than it sounds. The
1996 Telecommunications Act (which was
not just about telephones, but was also a
thorough rewriting oftvand radio law) has
served the media companies well. The free-
doms that it introduced have helped their
share prices to soar after languishing for
most of the 199os. That of Tc1, the biggest
cable-Tv company, has more than doubled
in value since the beginning of 1997; Time
Warner's has risen by 60%. But the new act
has been a disappointment to television
audiences. The competition it sought to
promote has not materialised. Instead, con-
sumers seem to be paying more to watch
the same old service.
All this is the result of two main
liberalisations. The first allowed more con-
centration in the ownership of radio sta-
tions. Companies had been allowed to own
no more than seven FM and seven Am sta-
tions nationally. That cap was raised before
the act, and lifted altogether when it be-
came law. It has been replaced with a cap
on the number of stations that may be
owned in any one market — between two
and eight, depending on the market's size.
Horizontal hold, vertical hold
As a result, the radio industry has changed
dramatically. According to Paul Kagan As-
sociates, a media consultancy, out of
lo,000 radio stations some 4,000 have
changed hands since the act was passed, in
deals worth around $32 billion. "This has
far outpaced what was expected," says Larry
Irving, an assistant secretary of commerce
Fred Reynolds, chief financial officer at
cas, says that radio has benefited from this
change, because instead of dealing with
dozens of stations, as before, an advertiser
can now select a single broa[tcaster that
ix [ [COx OM,si )n uuwxr x {ix s99R
owns a stable of stations. In New York for
instance, cas now offers advertisers a pack-
age of two all -news stations, two all- sports
stations, one that plays oldies, one album
rock and one easy - listening.
This worries both the administration
and the Fcc, because some advertisers
claim (nobody has yet compiled the num-
bers to prove it) that concentration ofown-
ership is driving up advertising rates. in ad-
dition, there is a fear that concentration
may reduce choice and create a series of
"McRadio" chains across the country. An
indication of disappearing diversity that
worries Mr Irving who, like Mr Kennard, is
black, is that the already small number of
stations owned by blacks and Hispania
has fallen by 10 % since the act.
The second great liberalisation of the
1996 act was to give cable television more
freedom to set prices. At the time, cable
firms were threatened by satellite broad-
casters, and there seemed less reason to
continue regulating them Accordingly,
regulation was relaxed before the act, and
again when it became law. Full deregula-
tion was promised for 1999.
unfortunately, the promised compe-
tition has not materialised. Cable still owns
87% of the subscription - television market
in America, down from 89% in September
1996. Satellite has been hampered both by
costs —a satellite system is still roughly
twice as expensive as a cable system to a
consumer —and by its inability to broad-
cast the local programmes that consumers
want, because of both technical and legal
constraints. Rupert Murdoch, who was
planning a satellite - broadcasting system to
compete with cable, has given up the idea
and —Fcc permitting —plans to sell his
business to the cable companies, which al-
ready own one of the satellite broadcasters.
Free of both competition and heavy
regulation, cable rates shot up at four times
the rate of inflation in the year from July
1996, according to the FcCs price survey,
published on January 15th. The cable com-
panies blame the need to invest in thei r ca-
ble systems, and dearer programming.
Certainly, the cost of television pro-
gramming has rocketed, with stars from
such programmes as "Seinfeld" charging
huge fees. But since Tcr and Time Warner,
the two biggest cable companies, make e.3%
and 12% of cable programming respec-
tively, their plea sounds self - serving. In-
deed the regulators worry that pro-
gramme-making cable companies, which
are obliged to make their programming
available to their competitors, are loading
system costs on to their production arms,
Cable's hold on America
BUSINESS
thereby passing them on to satellite broad-
casters and othercable operators The price
of programming made by the cable compa-
nies rose by 16% last year, whereas the price
of programmes made by the broadcasters
rose by only 4%.
Moreover, in the few areas of America
where one cable company has built over a
rival's existing system, where a telephone
company has set up an experimental sys-
tem to deliver television signals, or where
there is an old, municipally owned cable
system as well as a private one, competition
has led to lower prices (see chart}
So what, if anything, is the government
going to do? The FCC must review its regula-
tions every two years, and can change or
modify anything that it considers not to be
in the public interest. This year will see the
first review since the act was passed.
The revolution in the radio business is
unlikely to be stopped in the absence of
compelling evidence of abuse. However,
the politicians' and regulators' concerns
will probably affect television's future The
FCC is supposed to be considering whether
to change the law that bans ownership of
more than one television station in any
market —a law which the 1996 act left in
place despite much lobbying from the me-
dia companies With the fuss about radio,
the chances of that rule being relaxed in the
near future are shrinking.
Cable is more complicated. On the one
hand deregulated cable prices have consis-
tently grown more quickly than inflation.
on the other, the proponents of deregula-
tion made a strong case when the act was
Set profits
m the us, 1997, r
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signed in 1996. In the past decade techno-
logical change has bred new ways of dis-
seminating information — including satel-
lite television, wireless television, high-
speed telephone lines and the Internet
More means of distribution should lead to
more competition.
If this is right, time and technology
could yet undermine the cable monopoly.
This would be more likely if the law were
changed to help satellite carry local pro-
gramming, and if cable firms were obliged
to sell their interests in satellite-broadcast-
ing, which could potentially compete
against them. And if cable rates continue to
increase, what then? Reopening a piece of
legislation that was as hard to nail down as
the 1996 act should be the last resort But if
say, by Martin Luther King day in two years'
time cable remains unbowed, Mr Kennard
must be prepared to deliver an altogether
harsher message.
Russian oil
Look see,
It's Yu k sl
MOSCOW
C ONSOLIDATION is the order of the
day in the Russian oil industry. The
government is pleased: it says it wants to
see more home - grown, world -class firms.
No less a figure than the prime minister,
Viktor Chemomyrdin, tumed up at a sign-
ing ceremony on January 19th to bless the
proposed merger of Yukos and Sibneft, re-
spectively Russia's second- and fifth -rank-
ing oil producers, into a new national top -
dog. The merged firm will be called
"Yuksi ", unless good taste intervenes. It will
control 22% of all Russian oil production
and 21% of refining capacity. Lukoil, the
next - biggest, controls 2e.% of production
and 8% of refining capacity. But, there was
talk this week that Lukoil might merge with
Sidanco, the country's sixth -biggest pro-
ducer. If so, that would create a colossus
with 26% of Russian production.
If the Russian government wanted four
or five giant oil firs, why on earth did it
break the industry into so many bits when
privatising it in 1992 -96? The answer is that
there were too many Russian tycoons who
wanted their share, and all of them had to
be satisfied. So the industry was broken
into 16 main pieces and parcelled out to the
powerful. For the past year or two the new
owners have been Icaming the business
and squeezing out any inherited minority
shareholders with all the vigour that an ab-
sence of Russian law allows.
Yukos was swallowed by the Menatep
banking group, which got its first 33 %of ttg
company for E15om in 1995, This was one
of several transactions known collectively
as "loans for shares" in which favoured
companies made very small loans to the
government and received very large assets
from the state in exchange. And Sib -
neft... well, most people say one thing,
and Sibneft says something different Most
people say Sibneft is controlled by Boris
Berezovsky, a finance and media tycoon
who served until November as a national
security adviser to President Boris Yeltsin.
Sibneft, on the other hand, says Mr
Berezovsky has never held a single one of its
shares, "directly or indirectly'. Its main in-
vestment-banking adviser, Salomon Smith
Barney, agrees. And Mr Berezovskyhas said
as much himself. There the matter would
rest —save that it seems Mr Berezovsky is
somehow going to emerge as a shareholder
in YuksL The current plan seems to be to
issue him a tranche of shares in Yuksi after
the merger has been effected, on the
grounds that he gave Sibneft useful advice
in its formative years.
The merger is good for Sibnefi,whoever
owns it Running an oil company is not
easy, and the boss ofYukos, Mikhail Khod-
orkovsky, a chemical engineer by training,
has shown something of a flair for it. He
will be chief executive ofYuksi. An eminent
outsider is promised as chairman. Yukos
and Sibneft should both gain from com-
bining their assets. Yukos produces more
oil than it can refine, whereas Sibneft needs
crude for its main refinery at Omsk, the big-
gest and best- equipped in Russia.
A determined effort to launch the new
oil company as a transparent, investor -
friendly beast — qualities rarely imputed to
Yukos or Sibneft in the past could also
make it easier to raise money overseas. Mr
Khodorkovsky has pencilled in plans to
raise about $9 billion in the coming five
years. Some form of equity issue is likely in
the for of depositary receipts, because
Yuksi wants to broaden a shareholding
New kid on the block
Oil and gar output-, 1996
br of oll eglivalent, bn
! e.4 0.6 e.e to u u
Gszp n, 1 r,
Royal vulW
Shall0
Bunn
■%W O
op
Char 0
near
UL"I O
Tn 0
Elf
Moo
surgoaletapas
1924
souma 4,I.g9 lmww..+ue,n +Ica 'Eahtlq n..amem,a
bra aN1.w„o ,��
THE ECONOM I ST )A NOARY 24TH 1998
i
P
0
L JP FRl DAYFAX Vol. 3. No. 14
w A weekly legislative update from the League of Minnesota Clues April e, 1998
The end is near.. a
Early this morning, the Tax Confer-
ence Committee nearly completed
work on the 1998 omnibus tax bill. The
compromise includes a tax rebate of
approximately million, property
tax reforms that will coat $427 million,
levy limits fortaxes payable in 1999,
and a host of city specific provisions
ranging from local sales taxes to
special tax increment financing
legislation. The committee will meet
again this afternoon to put final
touches on the compromise and the
bill is expected to be signed by the
conferees later today.
The property tax reform includes
the governor's class rate compression
immedwely implemented for Wes
payable in 1999. Commercial and
industrial property class rates will be
reduced to 3.5 percent from the
current percent Other class rate
changes are listed in the table below.
The property tax shtfts thal would
otherwise occur are buffered by an
expanded education homestead
credit, reduced school levies, a new
fiscal disparity hornesued and
aggr cultural Credit aid, county family
preservation aid and a modest $3
million increase per year for the Local
Government Aid program.
Despite an attempt by the house
and governor to extend levy limits, the
fatal compromise mirrors current law.
Levy tirnits will be in place fortaxes
Impact of Last Year's Tax Reforms &
Conference Committee Proposed Class Rates
•
Taxes Taxes Proposed
payable payable payable
Property class 1987 1998 1988
Homestead 475.000
Homestead >$75,000
Qualifying low income
rental
Single -unit rental <$75,000
Single -unit rental >S75,000
2-3 unit rental
4* unit rental
CorrvnerciaVndust ial
<S150.000
CommerciWridustrial
>$150,000 and utility
Cabins .475,000
Cabins;-
Education homestead
credit %/maximum
1%
1%
1%
2
1.85
1.7
various rates
various rates
1
2.3
1.9
125
2.3
2.1
1.7
2.3
2.1
1.7
3.4
29
2.5
3
2.7
2.45
4.6
4
3.5
1.5 14 1.25
2.5 2.5 22
none 32 68 0 /o1$320
payable in 1999. However, the law was
also amended to allow for an ackk-
tional growth fador based on new
ootut Xkcbon of commercial and
exiustrial property. Therefore, the levy
limitation for each city will include
three acfjustrnents: inflation growth,
household growth end Commercial and
industrial growth.
The final compromise does not
include a highly Controversial limited
marketvekie provision thatwa9
origin* included in the House bill.
That proposal would have rmitedthe
market value growth of all property by
the lesser of 5 percent or the con-
sumer price index The current law
limited market value pmvWuw that
apply to homesteads, agricultural
homesteads and cabins remain in
place.
Also Included In the bill are
aulhonzations for locel general sel
takes for Rochester, Owatonna,
Hutchinson Two Harbors, Winona.
Samidji, Detroit Lakes, Fergus Falb,
and the St. Cloud area cities of
Sartel, Sauk Rapids, St. Joseph,
Waite Park, and St. Cloud.
The committee added one laft
amendment that would dodlcatefWire
budget surpluses for lash payment for
capital projects that would otherwise
be funded through state bond pro-
ceeds- The amendment was critic¢ed
by the Comm wskxwof Revenue as
an unnecessary restriction on suture
legislatures and the new governor. The
Commissioner suggested thel this
provision could be a deal breakerfor
the governor and could possibly force
a veto. We will know more this after-
noon.
For more rafersadon on city (r6Lt"" ism ", contact "Y member of the tee~fJWM nO o cider laurAOwrnmM(d Rdadont rear.
APR 10 '98 01 :08PM LEAGUE OF MN CITIES
LML FRIDAYFAx
1,6"w of Mmaaaar Cwm
C's.+ °- & ±�- -- A weeldy legislative update flan the League of Afinnesota Cities
Legislature adjourns
The I 9 legit ative session came to a
dose at 3:30 this morning. Many ma-
jor bills were passed in the lest two
days including taxes, capital improve-
ments (bonding), K-12 education,
higher education finanoe, state de-
partmenls, agricullum and natural re-
sources, and others. The following is a
quids summary of some of the action:
Taxes (H. F. 3840)
As we reported in the special
Wednesday fax, agreement was
reached on the major provisions of the
omnbis tax biz. Highlights include
class rate compression for taxes pay-
able in 1999, reduced school levies
and other protections for home own-
ers, one more year of levy limits for
cities over 2,500 in population and all
counties, local sales taxes for 13 cit-
ies, and another $500 million property
tax rebate for home owners and rent-
ers. Also included is a provision which
will dedicate the first $200 million of a
state budget surplus to income tax re-
ductions, and the next $400 nWlion to
pay cash for state capital improvement
projects thatwould otherwise be paid
through bonding. A last- minute adds
lion to the bill is $10 million in housing
money thet was originally contained in
the economic development bill vetoed
by the governor.
In response to potential problems
in TIF districts caused by property tax
class rate compression, cities are
granted authority to create special tax-
ing districts within existing TIF dis-
tricts. The autority is limited to TT
districts for which the request for cer-
tification was made before June 2,
1997, and applies only to property
subject to an assessment agreement
or development agreement To
qualify for this authority, the city must
have a TI F district deficit caused by
the 1997 or 19% class rate change
( - deW means an inability to pay ob-
ligations issued or contracts entered
into before June 2,1997); and, ex-
hausted any available increments from
other TIF districts in the city. Cities
that do not have actual deficits are
also authorized to create special tax-
ing districts, but the special tax may
only be used to pay pre - existing obli-
gations and the TI F district is required
to be decertified when the obligations
are paid. TIF disclosure and reporting
deadines are extended from July 1 to
Aug. 1, and a penally is established
for failure to report on time.
Environment & Agriculture
Supplemental Appropriation
(S. F. 3353)
The Legislature approved $17.8 million
from the general fund and $500,000
from the natural resources fund for
supplemental environment and agricul-
lure funding. Projects funded under
the bill include $1.5 million for flood
hazard mitigetim, $100,000 for
brownfields, and $1 million for feedlot
water quality grants.
Significant policy changes in the
bill include increased feedlot regula-
tions with a two -year moratorium on
open -air swine Lagoons, nhodfied indi-
vidual septictreetment systems laws,
and a now water quality cost- benefit
model scoping task force.
State Departments
Supplemental Appropriation
(Chapter 368IS. F. 3354)
The governor signed into law Chapter
366, a $33 rnl9on state department
supplemental appropriation for the op-
eration of state agencies. In addnh'on
to the funding provisions, the bill con-
tains changes to the community -based
planning law, establishes a copstruc
P.1
Vol. 3, No. 1
April 10, 1
ti«, codes advisory oow:al including
IJdC mernbershlp, requires the de•
parlmentof adrninistralm to develop
rwnvisuel technology standards for fu-
ture procurement of techhrology by the
state and political subdivisions, directs
the attorney general to educate the
public on telemarketing fraud, and
amends statules to accommodate the
state's telecommunications infrastruo-
lure projects.
Bonding (HF3843)
The Legislature passed and the gover-
nor is expected to sign the neatly $1
billion capital investments bill. Among
the projects with statewide impact are
$44 million to the pubic facilities au-
thority to assist local governments with
water and wastewater treatment
projects, $34 million for local bridge
replacement and rehabilitation, and $6
million to the housing finance agency
for transitional housing bans and pub -
lidyowned reel housing. The big
also contains funding for the St Paul
RiverCentre project, hence securing
professional hockey in St Paul, and
funding for planning and Construction
of light rail transit and commuter rail
An interesting polity change requires
notification to local governments of
proposed wastewater treatment
projects within 10 miles of the project
area. This provision may encourage
better land use and other infrastrua
lure planning.
League staff is preparing more de-
tailed summaries of these and other
laws of interest to city officials for the
annual legislative summary, which"
appear in the April 22 issue of the Cit-
ies Bulletin. And if that isn't enough
information for you, take heart; there
are only 270 days coil the 1999 ses-
sion.
a
0
04-09 -1998 11:49
P.O1
Coalition of Greater Minnesota Cities
April 9, 1998 Contact: John Hofland
612.225.8840
CAPITOL FAX
Inside the Capitol
The Tax Conference Committee is always amusing, and this year's
meetings am no exception, Senator Doug Johnson (DFL- Tower) and
Son. Juba Elotfinger (DFL- Mankato) tried in vain to repeal levy limits.
Unfortunately, their effort was beaten back by Rap, Ted Winter (DFL-
Falda) and Rep. Dee Long (DFL.Mph) - loyal foot soldiers of Speaker
Phil Carruthers (DFL•Brooklyn Center), who is a supporter of levy
limits .... Early this morning, the Bonding Bill Conference Committee
agreed to the funding for nearly $l billion worth of capital projects around
the state. The whole bill will be passed out of the committee today and
taken up on the Senate and House floors. The CGMC supported Greater
Minnesota bonding bill projects in general. Thanks to the leadership of
bonding bill co -chair Son. Keith Langseth (DFL- Glyndort), this year's
bonding bill is the fairest ever for Greater Minnesota.
CGMC Wins an
The CGMC was successful on a number of fronts in the tax bill, securing
Increase in LGA
an increase in LGA and killing a number of provisions that were bad for
cities. Thanks to the efforts of Son. Doug Johnson, the CGMC was
succenful In adding an additional S6 million increase in the LGA base over
the next biennium - a $3 million increase each year. This increase will be
in addition to yearly increases for inflation. CGMC was also guecessfui in
killing the limited market value increase provision, which would have been
deadly for cities. An attempt to extend levy limits an additional two years
was also defeated in the committee. Therefore, levy limits will continue
only through next year,
Big Business Wins Big
The governor end the Minnesota Chember of Commerce got their way in
in Tax Debate
the tax bill. The bill contains S427 million for permanent property tax rate
reductions. This money greatly benefits big business by reducing the
commercial/industrial class rate to 3.5 percent next year. As always,
Minneapolis and St. Paul cleaned up in the tax bill by offering last minute
provisions that give them millions of dollars. The deal on the tax bill was
sealed when the tax conferee's agreed to the governor's request that the
first $200 million of any future projected budget surplus be earmarked for a
Tax Reduction and Reform Account, which could be used for cuts in
income, sales, or property taxes. Taxpayers will receive 5500 million in
property tax rebates next year, a 20Ye reduction for homeowners, which is
the same amount as last year's rebate.
CGMC Cities Do Well
Thirteen Greater Minnesota cities were granted authadMition in the tax bill
this Legislative Session
to impose or increase a local -option sales tax, pending voter approval, to
pay for infrastructure projects. A number of cities also had their bonding
bill projects funded. More information on the bonding bill will be provided
next week.
Pr9Pared by Flaherty & Koebek for the Coeidon of orester Minnesota Cities
STATE REPRESENTATIVE
L
BOB NESS
a e uttice ui mg, onstituuon Ave., St. Faui,
4
For Immediate Release
March 27, 1998
To the Editor:
Recently there's been a lot of interest and misinformation regarding important legislative
initiatives related to capital investments, the budget surplus and tax cuts. I think it is necessary to
provide additional information about each of these issues and explain my position on each.
The Capital Investment Bill, better known as the bonding bill, provides for $679 million in
state - issued bonds and a one -time $250 million from the budget surplus for state - supported
projects. The Hutchinson Campus of Ridgewater College has not had any building additions
in over 20 years. There has been significant growth in the community and in the area which it
serves and, given the partnership with the area business community and the customized training
programs, the campus will continue to increase in its service and mission to train skilled workers
for good paying jobs in the future. There are many people, myself included, who have worked
long and hard for over a number of years for the addition to the Hutchinson Campus.
I voted for the bonding bill because it provided $7.6 million for this needed addition to the
Hutchinson campus. A "No" vote would have virtually eliminated it for funding and
perhaps for any consideration in the foreseeable future. The bonding bill also contained
provisions for medical research at the University of Minnesota, flood relief for the people who
have been devastated and are trying to rebuild their lives in the Western and Northwestern part of
the State, money for bridge and road repair in our area, wastewater treatment, Luce Line Trail,
and other comparatively smaller projects in my legislative district.
A special interest group, the Taxpayers League, has been writing form letters to individuals
and newspaper editors around the state bashing only Republicans who voted for the bonding
bill. The "Taxpayers League" and "Citizens for Fiscal Responsibility" are part of a phenomena
this legislative session of about a half -dozen self - appointed advocates with no physical presence
at the Capitol. These groups disguise their agenda by claiming that they are at the Capitol
fighting for the taxpayer or pressing legislators to be fiscally conservative. However, unlike
established organizations such as the Minnesota Family Council, Farm Bureau, Farmers
Union, Association of Minnesota Counties, the Minnesota Medical Society or the League of
Minnesota Cities and hundreds of others, their main mission is to pick and choose certain
amendments and bills, and either applaud or criticize legislators for their vote.
The bonding bill is primarily funded through state bonds. No matter how I voted on the
House bonding bill, the surplus is available to either spend on gO state government programs,
add to the rainy day fund or to return to hard- working Minnesotans.
The Omnibus Tax Bill, as passed by the House, provides a $1.3 billion return to the
Minnesota taxpayers through a combination of permanent property tax relief through
classification changes, rebates, repayment of the "shift" to schools that was borrowed during
budget shortfalls, compliance of the federal tax code and several other complex provisions in a
300 -page bill.
We offered 33 amendments to the tax bill to return the rest of the budget surplus to the
taxpayers. We fought to reduce income tax rates; reduce the sales tax by %: percent;
eliminate the sales tax paid on their purchases by counties, cities, and townships; and
eliminate the marriage tax penalty. All these amendments were defeated on a straight
party line vote.
It's important to recognize the great differences between the House and Senate approach to
both the Tax and Bonding bills. The Senate would use more of the budget surplus to pay
for state .projects without committing long term debt and interest. The House has a much
better balance and mix of tax relief and bonding. I am committed to return as much of the
surplus as we possibly can to the taxpayers while also protecting our infrastructure, maintaining a
vibrant state economy, and adequate reserves for unknown fiscal and economic changes in the
future.
I also believe the Governor should be commended for his strong leadership on fiscal matters. He
has brought this state from a $1.9 billion deficit to a $1.9 billion surplus during his two terms. I
trust he will exercise his veto authority often and wisely to ensure continued economic stability
for Minnesota.
There are a lot of complex issues. I work hard at doing my homework and try to analyze and
consider all the factors in making informed decisions on voting on any legislation. I also try to
maintain my integrity and vote my district to the best of my ability. I believe I've exercised
more "backbone" in the positions that I've taken to represent our district, than those who just "go
along -get along" or else never become players in the process because they take such extreme
positions on virtually every legislative initiative.
Sincerely,
Bob Ness,
State Representative
District 20A
E
ROD GRAMS
MINNESOTA
COMMITTEES.
ANKING. FC.91%0. ANC LREAN AFFAIRS
ENEPG• ANC NATURAL RESOURCES
FORE ON RE _A - IONS
United $ tates $mate
WASHINGTON, DC 20510
JOINT ECONOMIC
March 17, 1998
The Honorable Marlin Torgerson
Mayor
City of Hutchinson
111 Hassan Street SE
Hutchinson, MN 55350 -2522
Dear Mayor Torgerson:
WASHINGTON OFFICE:
x.202- 224 -321.
FAX 002 -22B -0956
INTERNET: "IL_GRA S®GRAMS. SENATE. C-
MINNESOTA OFFICE:
2013 SECONC A+ENUE NORTH
ANONA, MN 55303
�. E12 -47 -592'
FAX 812 - 427-9012
APR 8 1998
CITl uF HUTCHINSON
I am writing to update you about the President Clinton's FY 1999
budget.
First of all, the good news is that if the economy stays as
strong as expected we may soon enjoy a budget surplus for the
first time since 1969.
It is the economy, not the government, that balances the budget
for Washington. The American economy has produced an
unprecedented revenue windfall for the federal government, and
this unexpected revenue has come directly from taxpayers like you
41 in higher taxes.
However, while it looks like we may have a budget surplus, this
is not the real story. We have borrowed from the Social Security
trust funds to fund government programs, if we count these IOUs
to the trust funds, the real federal deficit could reach $600
billion over five years. The total deficit will reach a trillion
in the next 10 years. This means we really do not have a balanced
budget - -or a surplus many are eager to spend.
The President's budget continues tax - and -spend policies which
have been the hallmark of the Clinton Administration. No big
surprise.
_ It includes $115 billion in new taxes and $150 billion in new
spending for social programs, and it is full of smoke and mirrors
to look like we have a balanced budget. Under Clinton's plan,
annual government spending will grow from $100 billion in 1962 to
$1.73 trillion next year, an increase of 17 times over. It will
continue to climb to nearly $2 trillion by 2003. This is a
disciplined budget?
My biggest concern is, as I said on the Senate floor recently, if
this is a race to prove who can be the most "compassionate" with
taxpayers' dollars, it's a race nobody will win, and one the
. taxpayers most certainly will lose. The truth is simple: you
PIIEPARFD, MIRLISHH) AND MAII.FD.AT TA%PATER MPENSE
FIR N - EC ON RECYCLED PAPER
can't buy compassion. The best way we can improve current
programs is to streamline them and make them work better.
Clinton's budget also does nothing to shrink the size of the
government by eliminating wasteful and unnecessary federal
programs. It instead increases the size of the government.
To add insult to injuries, there are new taxes in Clinton's
budget that will adversely affect the insurance, financial,
agricultural sectors, and state and local governments as well. It
will hurt working Americans the most. Congress has already
rejected many of these tax increases in the past, but again they
raise their ugly heads. There is no reasonable way to finance all
of his new spending in his budget that violates earlier spending
agreements. The question is -- will we really see a surplus this
year.
It is a tragedy that this budget fails to address our long -term
fiscal problems. The President's Medicare proposal in this budget
does more harm than good. The President has claimed that his
number one priority is to save Social Security and he would use
budget surplus to fund Social Security. But the truth is not
only does he have no specific plan to reform Social Security, but
he has already spent most of the surplus in his budget.
Moreover, in the next five
rob over $400 billion from
for his costly government
Social Security, he should
Social Security recipients
ensure its solvency.
years, the President will continue to
current Social Security funds to pay
programs. If he is serious about saving
first stop spending funds for future
and help us reform the program to
As a first step to address the future Social Security liability,
I have introduced a bill to require statements providing the
American people with key information on their future Social
Security benefits. It will give us a better idea of what our
Social Security benefits will be at retirement age as well as a
comparison to what they would get if their Social Security was
invested privately.
Shortly the Congress will consider the President's budget and
work on its own FY 1999 budget resolution. I intend to work with
my colleagues on the Budget Committee and exercise fiscal
discipline through the budget process to ensure that the federal
budget will be balanced and stay balanced. My priorities are as
follows:
1. Promote balancing the budget in this current fiscal year
(1998) through rescinding $5 billion funding for current
government programs;
2. Ensure that Congress and the Administration stay within the
agreed -upon spending limits;
3. Ensure that the FY 99 budget resolution includes no tax
increases.
4. Ensure that no new spending should be included in the budget
resolution without cutting other government programs.
5. Ensure that there will be meaningful tax relief for American
taxpayers.
it will probably not surprise you that since we heard of a
possible budget surplus, there has been a feeding frenzy about
how to spend it. I believe Washington should not think about
spending any projected budget surplus until it is materialized.
If there is a surplus, it is only moral and fair to return it to
the American people in the form of tax relief, debt reduction or
on fundamental Social Security reform.
Even some of my colleagues in the Republican leadership are
waffling on our commitment to allow working Americans to keep a
little more of their own money. On February 19, i sent a terse
letter to Senator Lott urging Republicans not to abandon our pro -
taxpayer agenda and to continue meaningful tax cuts for working
Americans again this year to follow our successful $500 per child
tax relief of last year.
As you know, tax cuts will not solve the problems we have with
the outdated tax code itself. We must end the tax code as we
know it and replace it with a simpler, fairer and more taxpayer -
friendly tax system. That's why I recently joined with Senator
Hutchinson introducing a bill to call for termination of the tax
code by 2001. Without a deadline, it will be difficult to
achieve reform in the near future.
I intend to continue my promise to the taxpayers to be the
conscience of the Republican Party on tax relief.
Your advice and counsel on important budget issues is always
appreciated. If you have any questions regarding the budget, or
any other issue, please feel free to contact me.
Sincerely,
) Lrl
Rod Grams
United States Senator
RG:lh
