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cp04-12-1994 cSUNDAY
MONDAY
TUESDA
-10-
-11-
-12-
8:15 A.M. - Bldg. /Eng. Team
Meeting at City Center
NOON - KICK -OFF WALK FOR
SHAPE -UP CHALLENGE
5:30 P.M. - CLOSED MEETING OF
Meet at City Center
CITY COUNCIL AT CITY
with your tennis shoes!
CENTER
HUTCHINSON
6:00 P.M. - Planning Session
CITY
Workshop for City Council
CALENDAR
at City Center
6:30 P.M. - Light Traffic Task
Force Meeting at City
7:30 P.M. - Regular City Counc
Week of
Center
Meeting in Council Chambe
of City Center
April 10 t0 April 16
1994
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
-13-
-14-
-15-
-16-
10:00 A.M. - Directors
9:30 A.M. - Senior Advisory
VACATION:
Meeting at City
Board Meeting at Senior
Center
Center
STEVE MADSON - April 11 -15
4:30 P.M. - Library Board
Meeting at Library
• AGENDA
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, APRIL 12, 1994
1. CALL TO ORDER - 7:30 P.M.
2. INVOCATION - Rev. Jim Hall, Word of Life Church
3. CONSIDERATION OF MINUTES
REGULAR MEETING OF MARCH 22, 1994
Action - Approve as distributed - Approve as amended
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. BUILDING OFFICIAL'S REPORT - MARCH 1994
2. LIBRARY BOARD MINUTES OF MARCH 10, 1994
• 3. AIRPORT COMMISSION MINUTES OF MARCH 28, 1994
(b) APPLICATION FOR SHORT -TERM RETAIL "ON SALE"
NON - INTOXICATING MALT LIQUOR LICENSE
1. ELKS LODGE NO. 2427
2. HUTCH HUSKIES BASEBALL ASSOCIATION
(c) REISSUANCE OF GAMBLING LICENSE FOR ELKS LODGE
(d) REISSUANCE OF GAMBLING LICENSE FOR HUTCHINSON VOITURE 414
40 & 8 (AMERICAN LEGION)
(e) RESOLUTIONS AND ORDINANCES
1. ORDINANCE NO. 94 -107 - AN ORDINANCE TO VACATE UTILITY
EASEMENT IN WAGNER DEVELOPMENT CORPORATION PLAT
(SECOND READING AND ADOPTION)
(f) RATIFICATION OF APPOINTMENTS TO LIBRARY BOARD
• SUE MUNZ
• PAUL WRIGHT
• Action - Motion to approve consent agenda
CITY COUNCIL AGENDA - APRIL 12, 1994 •
5. PUBLIC HEARING - 8:00 P.M.
(a) LETTING NO. 7, PROJECT NO. 94 -07 (SOUTH GRADE ROAD/
TH 15 TO DALE STREET /FEDERAL AID)
Action - Motion to close hearing - Motion to reject -
Motion to approve and order preparation of plans and
specifications - Motion to waive reading and adopt
Resolution No. 10180
6. COMMUNICATIONS. REQUESTS AND PETITIONS
(a) PETITIONS FOR FOUR -WAY STOP ON CORNER OF FIFTH AVENUE AND
HARRINGTON STREET
Action -
7. RESOLUTIONS AND ORDINANCES
SEE CONSENT AGENDA
8. UNFINISHED BUSINESS
None is
9. NEW BUSINESS
(a) CONSIDERATION OF HCVN LEASE FOR SPACE IN CITY CENTER
Action -
(b) CONSIDERATION OF REQUEST FOR $1,500 DONATION FROM CITY
FOR HUTCHINSON JAYCEE WATER CARNIVAL
Action - Motion to reject - Motion to approve
(c) CONSIDERATION OF LMCIT OPEN MEETING LAW DEFENSE COST
COVERAGE
Action -
(d) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 2,
PROJECT NO. 94 -02 (WALNUT RIDGE - -PHASE II)
Action - Motion to reject - Motion to approve - Motion to
waive reading and adopt Resolution No. 10181
•
Ya
• CITY COUNCIL AGENDA - APRIL 12, 1994
(e) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 5,
PROJECT NO. 94 -05 (ISLAND VIEW HEIGHTS FIRST ADDITION)
Action - Motion to reject - Motion to approve - Motion to
waive reading and adopt Resolution No. 10182
(f) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 8,
PROJECT NO. 94 -08 & NO. 94 -09
Action - Motion to reject - Motion to approve - Motion to
waive reading and adopt Resolution No. 10183
(g) CONSIDERATION OF RECEIVING REPORT, WAIVING HEARING, AND
ORDERING PREPARATION OF PLANS AND SPECIFICATIONS ON
PROJECT NO. 94 -26
Action - Motion to reject - Motion to approve report,
waive hearing, and waive readings and adopt Resolutions
No. 10184, 10185 and 10186
• CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 9,
PROJECT NOS. 94 -10 THROUGH 94 -17, 94 -26 (1994 SIDEWALK/
PAVING PROGRAM)
Action - Motion to reject - Motion to approve - Motion
to waive reading and adopt Resolution No. 10187
(h) CONSIDERATION OF RECEIVING PETITION AND REPORT, WAIVING
HEARING, AND ORDERING PREPARATION OF PLANS AND
SPECIFICATIONS ON PROJECT NO. 94 -18 AND 94 -25
Action - Motion to reject - Motion to approve report,
waive hearing, order plans and specifications, and waive
readings and adopt Resolutions No. 10188 -10193
CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 10,
PROJECT NO. 94 -18, 19, 25
Action - Motion to reject - Motion to approve - Motion to
waive reading and adopt Resolution No. 10194
(i) CONSIDERATION OF AUTHORIZATION FOR CITY TO PARTICIPATE IN
HUTCHINSON TECHNICAL COLLEGE AUCTION ON JUNE 9, 1994
• Action - Motion to reject - Motion to approve
3
CITY COUNCIL AGENDA - APRIL 12, 1994 •
(j) CONSIDERATION OF AWARDING BID FOR PURCHASE OF ONE NEW
1994 JOHN DEERE TRACTOR WITH ATTACHMENTS FOR PARK
DEPARTMENT
Action - Motion to reject - Motion to approve and award
bid
(k) CONSIDERATION OF TRESPASSING PROGRAM FOR CITY OF
HUTCHINSON
Action - Motion to reject - Motion to approve - Motion to
waive first reading of Ordinance No. 94 -108 and set
second reading for April 26, 1994
10. MISCELLANEOUS
(a) COMMUNICATIONS
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
Action - Motion to approve and authorize payment from
appropriate funds •
12. ADJOURNMENT
n
•
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, MARCH 22, 1994
1. The meeting was called to order at 7:30 P.M. by Mayor
Torgerson. Present were: Mayor Marlin Torgerson, Council
Members Bill Craig, John Mlinar, Kay Peterson, and Don
Erickson. Also present: City Administrator Gary D. Plotz,
Assistant City Engineer Cal Rice, and City Attorney G. Barry
Anderson.
2. The invocation was given by the Reverend Dan Closter.
3. MINUTES
The minutes of the regular meeting of March 8, 1994 were
approved as distributed.
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. FINANCIAL REPORT - FEBRUARY 1994
2. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY
is MINUTES OF FEBRUARY 28, 1994
3. HUTCHINSON HOUSING, INC. MINUTES OF FEBRUARY 15, 1994
4. PLANNING COMMISSION MINUTES OF FEBRUARY 15, 1994
(b) RESOLUTIONS AND ORDINANCES
(1) ORDINANCE NO. 94 -106 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, ESTABLISHING A
TELECOMMUNICATIONS COMMISSION BY ADOPTING A
PROVISION ENTITLED "TELECOMMUNICATIONS COMMISSION"
AND BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1
AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS (SECOND READING AND ADOPTION)
(2) RESOLUTION NO. 10168 - RESOLUTION FOR PURCHASE
(3) RESOLUTION NO. 10179 - RESOLUTION ESTABLISHING
TERMS OF OFFICE FOR APPOINTMENT OF MEMBERS TO THE
NEWLY CREATED TELECOMMUNICATIONS COMMISSION
(c) REPORT OF CITY INVESTMENTS
0 (d) DELINQUENT WATER AND SEWER ACCOUNTS
CITY COUNCIL MINUTES - MARCH 22, 1994
(e) RENEWAL OF 1994 ON -SALE INTOXICATING LIQUOR LICENSES 0
• GOLD COIN INC. > VICTORIAN INN
• UNDERGROUND BAR & GRILL > J'S PIZZA & SPORTS BAR
• LAMPLIGHTER LOUNGE II > FLYERS /HI TOPS BAR /GRILL
> SET -UP LICENSE: LITTLE CROW BOWLING LANES INC.
(f) RATIFICATION OF APPOINTMENTS
(1) TELECOMMUNICATIONS COMMISSION
MARK
GUGGEMOS
- 5 YRS.
MIKE FLAATA - 3 YRS.
PAUL
ACKLAND -
5 YRS.
DENNIS SCHROEDER - 1 YR.
DOUG
HEDIN - 3
YRS.
SUE POTTER, REP. HCVN
SHARI
COLVIN -
1 YR.
BARRY ANDERSON, EX- OFFICIO
DON HANSON - 1
YR. (NO
REAPPOINTMENT)
(g) CONDITIONAL USE PERMIT REQUESTED BY TOM LUDOWESE, ACME
CARWASH, FOR CONSTRUCTION OF ADDITIONAL SELF -SERVE BAYS
LOCATED AT 690 SOUTH GRADE ROAD WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
(ADOPT RESOLUTION NO. 10169)
(h) VACATION OF UTILITY EASEMENT ON LOT IN WAGNER DEVELOPMENT
CORPORATION PLAT SUBMITTED BY KEVIN COMPTON WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (FIRST
READING OF ORDINANCE AND SECOND READING APRIL 12, 1994)
(i) CONDITIONAL USE PERMIT TO MOVE 1976 MOBILE HOME ONTO LOT
IN COUNTRY CLUB TERRACE REQUESTED BY LARRY GILMER WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
(ADOPT RESOLUTION NO. 10170)
(j) PRELIMINARY AND FINAL PLAT OF FAIRWAY ESTATES SUBMITTED
BY SAM MONTGOMERY WITH FAVORABLE RECOMMENDATION OF
PLANNING COMMISSION (ADOPT RESOLUTION 10171)
(k) CONDITIONAL USE PERMIT TO MOVE GARAGE REQUESTED BY ROGER
DEMEYER WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION (ADOPT RESOLUTION NO. 10172)
(1) VARIANCE TO REDUCE LOT DIMENSION FROM ONE ACRE TO .95
ACRE REQUESTED BY BARRY BARTON FOR CONSTRUCTION OF
COIN LAUNDRY AND CARWASH (HWY 7 WEST) WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
(ADOPT RESOLUTION NO. 10173)
2 0
• CITY COUNCIL MINUTES - MARCH 22, 1994
(m) CONDITIONAL USE PERMIT REQUESTED BY BARRY BARTON TO
CONSTRUCT A CARWASH AND COIN LAUNDRY IN C -4 DISTRICT
LOCATED ON HWY 7 WEST WITH FAVORABLE RECOMMENDATION OF
PLANNING COMMISSION (ADOPT RESOLUTION NO. 10174)
(n) SEQUENCE OF CONSTRUCTION IN MORNINGSIDE ESTATES
DEVELOPMENT REQUESTED BY DEAN LIMOGES WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
(o) REVIEW TIMING OF NORTHWEST ANNEXATION WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
The motion to approve the consent agenda items, with the
exception of (e), (f), (h), (1) and (o), was made by Council
Member Mlinar, seconded by Council Member Erickson and
unanimously carried.
Following discussion of item (e), Council Member Craig moved
that the block of renewals for intoxicating liquor licenses be
moved to the next meeting. The motion was amended by Council
Member Craig that the licenses be renewed pending approval of
city inspection by the Building Official. Amended motion
seconded by Council Member Erickson and unanimously carried.
• Attorney Anderson commented on J's Pizza Bar & Grill and
clarified that the condition for issuance of the license would
be contingent upon payment of their sales tax obligation.
Following discussion of item (f), Council Member Mlinar moved
to approve ratification of appointments. Motion seconded by
Council Member Peterson and unanimously carried.
Following clarification of item (h) by Building Official Jim
Marka, the motion to approve the vacation of utility easement
and to waive first reading and set second reading of Ordinance
No. 94 -107 for April 12, 1994 was made by Council Member
Erickson, seconded by Council Member Craig and unanimously
carried.
The Building Official clarified that on item (L) there was a
lot split on the lot, and it was the intent of the Planning
Commission to approve the lot split although it was not in
writing. Following discussion, the motion to approve the
variance and to waive reading and adopt Resolution No. 10173
was made by Council Member Peterson, seconded by Council
Member Erickson and unanimously carried.
During discussion of item (o), it was the consensus of the
• Council that the City Attorney draft an orderly annexation
3
CITY COUNCIL MINUTES - MARCH 22, 1994
agreement for each of the townships of Acoma, Hutchinson, and •
Hassan Valley.
The motion to direct City staff, or a designated individual,
to hand deliver the agreements to each of the townships along
with an explanation of their contents was made by Council
Member Mlinar, seconded by Council Member Peterson and
unanimously carried.
5. PUBLIC HEARING - 8:00 P.M.
(a) PROJECT NO. 94 -19 (MCDONALD DRIVE /WEST OF JACKSON ST.)
Mayor Torgerson called the hearing to order at 8:00 P.M.
and read the notice of hearing for Project No. 94 -19. No
one was present to be heard.
The motion to close the hearing at 8:05 P.M. was made by
Council Member Erickson, seconded by Council member
Mlinar and unanimously carried.
The motion to approve Project No. 94 -19, to order
preparation of plans and specifications, and to waive
reading and adopt Resolution No. 10177 was made by
Council Member Erickson, seconded by Council Member
Mlinar and unanimously carried.
(b) PROJECT NO. 94 -27 (HURON STREET SANITARY SEWER /SECOND
AVENUE SE TO SOUTH)
Mayor Torgerson read the notice of hearing for Project
No. 94 -27.
Dwaine Lutzke, 546 Second Avenue SE, stated his main
objection was the way in which the notice was worded. He
found it confusing.
Dolores Brunner, 968 Hayden Avenue, commented she and her
husband recently purchased a lot from the City. They
understood the sewer was in, but now they are being told
it was not. She inquired what the assessment would be
per lot and how many lots were involved.
The motion to close the hearing at 8:18 P.M. was made by
Council Member Erickson, seconded by Council Member
Mlinar and unanimously carried.
Following discussion, the motion to approve Project No.
94 -27, to order preparation of plans and specifications,
4 0
0 CITY COUNCIL MINUTES - MARCH 22, 1994
and to waive reading and adopt Resolution No. 10178 was
made by Council Member Mlinar, seconded by Council Member
Peterson and unanimously carried.
6. COMMUNICATIONS. REQUESTS AND PETITIONS
(a) CONSIDERATION OF OUT -OF -STATE TRAVEL BY DIRECTOR RANDY
DEVRIES TO ATTEND W.E.F. CONFERENCE IN ST. CHARLES,
ILLINOIS
Following discussion, the motion to approve the travel
request was made by Council Member Erickson, seconded by
Council Member Peterson and unanimously carried.
(b) CONSIDERATION OF REQUEST TO CLOSE FIRST AVENUE NW DURING
DESIGNATED HOURS FOR A.B.A.T.E. FUNDRAISER
Following discussion, the motion to approve the request
was made by Council Member Craig, seconded by Council
Member Peterson and unanimously carried.
7. RESOLUTIONS AND ORDINANCES
• SEE CONSENT AGENDA
8. UNFINISHED BUSINESS
None
9. NEW BUSINESS
(a) CONSIDERATION OF RECEIVING REPORT AND CALLING FOR HEARING
ON IMPROVEMENT PROJECT NO. 94 -07, LETTING NO. 7 (SOUTH
GRADE ROAD /TH 15 TO DALE.STREET /FEDERAL AID)
Following discussion, the motion to approve the report,
to set a hearing for April 12, 1994, and to waive
readings and adopt Resolutions No. 10175 & No. 10176 was
made by Council Member Mlinar, seconded by Council Member
Erickson and unanimously carried.
(b) CONSIDERATION OF NEED FOR ENVIRONMENTAL ASSESSMENT
WORKSHEET (EAW) FOR HUTCHINSON IRON & METAL PROPERTY
Attorney Jim Degiovanni represented the Weatheralls in
addressing their concerns that an environmental
assessment worksheet (EAW) be completed before the City
permits Jay Freedland to proceed with relocating his
. scrap iron business.
5
CITY COUNCIL MINUTES - MARCH 22, 1994
The City Attorney stated the petition for an EAW must be
acted upon within 30 days. However, it was his opinion
that the Council's decision would not be an exclusive
decision which would limit action at a future date for an
EAW concerning wetlands. It was noted that the City
Engineer did not recommend an EAW.
Following discussion, the motion to deny the petition but
reserve the right to request an EAW if warranted at a
future date was made by Council Member Craig, seconded by
Council Member Mlinar and unanimously carried.
(c) CONSIDERATION OF APPLICATION FOR RETAIL "ON SALE" NON -
INTOXICATING MALT LIQUOR LICENSE TO HUTCHINSON JAYCEES
FOR FIREMAN'S BALL
Following discussion, the motion to approve issuing the
license and waiving the $50 fee for the Fire Department
was made by Council Member Erickson, seconded by Council
Member Mlinar and unanimously carried.
(d) CONSIDERATION OF REQUEST FROM MAINSTREET TO USE LIBRARY
SQUARE PARK FOR "PICNIC IN THE PARK" ON JULY 12, 1994
Following discussion, the motion to approve the use of •
Library Square Park was made by Council Member Mlinar,
seconded by Council Member Erickson and unanimously
carried.
(e) CONSIDERATION OF REQUESTS FROM HUTCHINSON CHAMBER OF
COMMERCE AND MAINSTREET TO HOLD STREET DANCE ON JULY 13,
1994
Following discussion, the motion to approve a street
dance was made by Council Member Craig, seconded by
Council Member Erickson and unanimously carried.
(f) CONSIDERATION OF REQUEST TO PURCHASE ITEMS FOR CITY
CENTER OPEN HOUSE
Following discussion, the motion to approve the
purchases, with the change requested by staff on the
exhaust hood, was made by Council Member Peterson,
seconded by Council Member Erickson and unanimously
carried.
(g) CONSIDERATION OF GRANT APPLICATION TO DNR FOR COMPLETION
OF LUCE LINE TRAIL FROM GARDEN ROAD TO ARCH STREET
6 •
. CITY COUNCIL MINUTES - MARCH 22, 1994
Following discussion, the motion to approve the project
was made by Council Member Mlinar and seconded by Council
Member Erickson. The motion was amended by Council
Member Erickson to approve the second option for the City
to apply for land acquisition costs only and complete the
trail construction utilizing City personnel. Amended
motion seconded by Council Member Craig and unanimously
carried. The main motion carried.
(h) CONSIDERATION OF INSTALLATION OF OUTDOOR WARNING SIRENS
Following discussion, the motion to approve the low bid
from Quade Electric in the amount of $9,800.00 was made
by Council Member Mlinar, seconded by Council Member
Erickson and unanimously carried.
(i) CONSIDERATION OF PURCHASE AND UTILIZATION OF CELLULAR
TELEPHONES BY DIRECTORS
It was reported the funding for the cellular telephones
could come from the 1993 Federal Emergency Management
funds. Following discussion, the motion to approve the
purchase was made by Council Member Mlinar, seconded by
. Council Member Peterson and unanimously carried.
(j) CONSIDERATION OF REQUEST TO PURCHASE REPLACEMENT AIR
COMPRESSOR FOR FIRE DEPARTMENT
Following discussion, the motion to approve the purchase
at a cost of approximately $10,600.00 was made by Council
Member Erickson, seconded by Council Member Mlinar and
unanimously carried.
(k) CONSIDERATION OF ORGANIZATIONAL INVESTMENT POLICY FOR
HUTCHINSON COMMUNITY HOSPITAL AND BURNS MANOR NURSING
HOME
Following discussion, the motion to approve the policy
was made by Council Member Mlinar, seconded by Council
Member Erickson and unanimously carried.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ATTORNEY
Attorney Anderson commented on the resolution of dispute
over the electrical service territories. He requested a
joint closed meeting of the Utilities Commission and City
• Council to address this issue. It was the consensus of
CITY COUNCIL MINUTES - MARCH 22, 1994
the Council to meet on March 28, 1994 at 4:30 P.M. •
(b) COMMUNICATIONS FROM CITY ADMINISTRATOR
Administrator Plotz presented the recommendations for the
City Center Open House to be held on Saturday, May 7,
from 10:00 A.M. to 1:00 P.M. The suggestions were
received with the unanimous consensus of the Council.
After discussion of having a Council workshop prior to
the next regular meeting, the motion was made by Council
Member Mlinar to meet at 5:30 P.M. on April 12, 1994.
The motion was seconded by Council Member Peterson and
unanimously carried.
The City Administrator reported on the good turnout for
the meeting held last Monday, the meetings on the tri-
agency building, and the Legislature presentation.
Mr. Plotz stated that each year the Planning Commission
updates the City's Comprehensive Plan. It is the intent
of the Planning Commission to work in concert with the
City Council.
11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS •
(a) VERIFIED CLAIMS
The motion to approve the claims and authorize payment
from the appropriate funds was made by Council Member
Mlinar, seconded by Council Member Peterson and
unanimously carried.
12. ADJOURNMENT
There being no further business, the meeting adjourned at 9:30
P.M.
8 40
0
J
F-1
- once. cor.vu cro root oa �uagc
wn,x C-404 ' V U.S. DEPARTMENT OF COMMERCE
RIPEN6TNt CEusus
I
Period In whichpernribieausd I
x•2591
PARCH 1994
IPWease colect any enws in name end address including ZIP Ceda)
REPORT OF BUILDING OR
ZONING PERMITS ISSUED
AND LOCAL PUBLIC
CONSTRUCTION
3574CO 27 4 9999 065 1 0
26 9999 02730
JAMES PARKA SLOG OFFICIAL
FOR CITY OF HUTCHINSOh
If your building permit system has changed,
mark fX) appropriate box below and explain
hUTCh INSGN CTT C71f 111 HASSAN ST S
in comments.
hU7ChINSON RN 55350
❑ Discontinued issuing permits
❑ Merged with another system
❑ Split into two or more systems
❑ Annexed land areas
PLEASE COMPLETE AND MAIL
❑ Had other changes
THIS FORM ON OR BEFORE j A P n IL 4 1994
It no permits were issued during
Bureau of the Censw
Instructions are included. For
this period, mark IX) in the box - 1 ❑
a 1201 East 10th Street
further assistance, call collect
and return this farm
Jeffersonville, IN 47132 -ODOI
1301) 763 -7244.
NEW RESIDENTIAL
PRIVATELY OWNED
PUBLICLYOWNED
Number of
Valuation of
Number
of
Valuation of
HOUSEKEEPING
Item
ildi
Bungs
Housing
BUILDINGS
No.
Housing
Buildings
construction
construction
units
Omit cents
units
Omit cents
(al
W lc)
Id)
Is)
If)
(gl
Single- family houses, detached
Exclude mobile homes.
101
a
4
342 224
Single- family houses, attached
- Separated by ground to roof wall,
-No units above or below, and
- Separate heating systems and utility meters.
(Count each unit as a separate building)
1021
1
Two - family buildings
103
Three -and four - family buildings
104
Five -or -mare family buildings
105
TOTAL - Sum of 101 -105 0
109
4
4
342,224
NEW RESIDENTIAL
PRIVATELY
OWNED
PUBLICLY OWNED
Number of
Valuation of
Number of
Valuation of
NONHOUSEKEEPING
Item
No.
Buildings
Rooms
Buildings
Rooms
BUILDINGS
construction
Onrit cents
construction
Omft cents
(a)
Ibl
(c)
(dl
let
If)
Igl
Hotels, motels, and tourist cabins
(transient accommodations only)
213
Other nonhousekeeping shaker
214
NEW
PRIVATELYOWNED
PUBLICLYOWNED
Number
Valuation of
Number
Valuation of
NONRESIDENTIAL
Item
BUILDINGS
No.
of
construction
of
construction
buildings
Omit cams
buildings
Omit cents
W
(b)
Icl
fill
le)
Amusement, social, and recreational
318
Churches and other religious
319
Industrial
320
Parking garages (buildings and open deckedl
321
Service stations and repair garages
322
Hospitals and institutional
3231
1
Offices, banks, and professional
3241
1
1 44,000
Public works and utilities
326
Schools and other educational
326
Stores and customer services
327
Other nonresidential buildings
328
2
2.0-2-0
Structures other than buildin s
329
ADDITIONS,
PRIVATELY OWNED
PUBLICLYOWNED
Number
Valuation of
Number
Valuation of
ALTERATIONS, AND
Item
CONVERSIONS
No.
of
construction
of
construction
buildings
omit cents
buildings
Omit cents
(al
(b)
(c)
fill
let
Residential - Classify additions of
garages and carports in item 438.
434
9
133,400
Nonresidential and nonhousekeeping
437
1
3,500
Additions of residential garages and carports
(anached and detached)
4381
1
RRR -5, RRS -1, RWR -1 Total Permits 24
Total VAluation $525,144.00
PLEASE CONTINUE ON REVERSE SIDE �► �- (1
DEMOLITIONS AND
PRIVATELY OWNED
PUBLICLYOWNEO
RAZING OF
Item
Number of
Number of
BUILDINGS
No.
m
gulld s
g
Housing
gudtlings, Housing
amts
un.ta
lal
Ibi
IU
(dl 1 lei
Single family houses (attached and detached)
645
Two - family buildings
646
Three -and tour - family buildings
647
Five or more family buildings
848
All other buildings and structures
848
INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT $500,000 OR MORE
Please provide the following information for each permit authorizing construction valued at $500,000 or more
entered in sections I through IV.
Item
Number of
No.
from
Description
p
Name and address of
Owner-
ship
Valuation of
sec.
owner or builder
MarkW
construction
Omit cents
Housing
guildin s
g
I —IV
one
units
lal
(or
Id
(dl
(e)
III
Igl
Kind of building
____ ---------- __-------------------
❑ Pnvate
Site address
____________________________
❑Public
KirM of building
_______________________________
❑Pri "a"'
Site Sire addre
____________ ------
❑Public
5
Kind of building
________________________ __________
❑Private
--------------------------------------------------------------
Site edaresa
11 Public
Kind of buildup
____ _______________________________
❑Private
Site address
❑Public
S
Kind of building
______________________________ ____
❑Private
Site address
________
❑PUDIic
9
Kind of building
e__dre_--------------------------------------------------------------- s
Site _a
❑Public
5
Kma o1 wnamg
----------------------------------
Privae
Site address
❑Pubic
8
Kestl of building
____ _______________________________
❑ pivate
__ _______________________________
fine address .....................................
❑Pubic
Kind of building
___________________
❑privets
__________________________
Sne address
___________
❑PUblk
5
Comments
Am You aware of any new permha,m ft
)urladictllana7 E) No ❑ Yes — Please give additional information in comments.
Name Of person to contact regarding this report
JAMS G- Marka
Telephone
Title
Am. code
Number
Eatenaion
maucB'
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11�
•
0
Hutchinson Library Board Meeting
Thursday, March 10, 1994
Members Present: L. Ladd, Mary Henke, Dolores Brunner, Bill Scherer,
Roy Johnson, Joyce Beytien
The Library Hours suvey was reviewed. Dolores and Mary will prepare
a recommendation to submit to the City Council with the results of
the survey regarding possible added hours at the Library.
Computer update: All equipment, including printers, was ordered
from Bennett and within two weeks it will be set up.
Mary and Roy are still working on a proposal for a 3M Grant.
One bid for the glass covering for the main desk has been received
for $142.95. Another bid will be obrtained and then presented to
the C. Council for approval.
There was the continuing discussion on a possible sign for the
Library on Main Street. Larry will continue to pursue this matter
to research the historical background and specifics about signage
regulations.
Reports were given by Roy Johnson and Dolores Brunner on recent
PLS meetings and committees.
Mary Henke reported on the local library strategic planning.
Discussion followed concerning positions to be filled on the Library
Board. L. Ladd's term has expired and Sharon Opatz has resigned.
Myron Clapp, the custodian, will be retiring. The job will be
posted for 172 hours per week. An appreciation lunch will be
given in April for Myron.
Further PLS information by L. Ladd concerned updating the grievance
procedure policy, and an addendum about short term loans was explained
by Dolores.
The next meeting will be held on Thursday, April 14, 1994 at 4 :30.
Meeting was adjourned.
Joyce Beytien, Secretary, Hutchinson Library Board
0
/ - -4, ('-)
HUTCHINSON AIRPORT COMMISSION MEETING
0 March 28, 1994
Meeting was called to order by Dave Skaar at 7:35 P.M.
Members present: Dave Skaar, Joe Dooley, Tim Miller
Members absent: Dennis Kahl, Jim Faber and Mayor Torgerson
City Staff present: Doug Meier
Guest present: Bernie Knutson
General discussion
Meeting scheduled for next month on April 25, 1994 at 7:30 P.M. at City Center
Conference Room.
Meeting was adjourned at 8:55 P.M.
Respectfully submitted by Doug Meier.
0
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#-A(2)
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11
.1
Form No.
D
RETAIL "ON SALE"
Otate of _Minnoota, j CITY OF HUTU
couxrr or .._..._?_!5!e ..... . . ....... City Dlt _ ✓Hutchinson
To the City Council .. the Y
- ..................d Hutchinson
........ -1, ................. ......... I ................... 1. State of MhWAI011:
..Hutchinsm .... .lodge lMge 2427 Dennis E. Schroeder, Secretary
... . ...... . ........... . . _ ....... . .....
hereby ojplAes/or a lioness, far the k,,, Of_ . . .......
from the 29th ...... ....... ........ .. . troy .. . .... . . . . .. .... ........ . 79_24 to MU
At Retaff Only, Non-Itaoxicaft Malt LkooM
f, U wL"Zn v.sx.w in the ..... . ......... .....
. . . ... . . . ............... .. . .... .... . of ......... . .....
domailmd m follower. to-iow. National Guard Armory Hay 22 S Hutchinson M
- . - .1 .... ........ ......... . ..... . ..............
at which place mid applicant Op,,,es, Atha business
and to that end reproesn, a tied etak 4 fOU,
That mid applicant_.._....._.._._. gtiza_ Of the United S&MIM, of load moral aharstv
and repute; and he B at-!-a the ails Of 21 YmN,; Mlt..Elk- Lodge.Hembers the
crtnlliahnirnt /a, which the license will be jamoa if this application is &aiod.
That emit liquor has wyoulwaho, j,
to mid business of said applicant . __ar any jeumd tha,,ja,
That mid al'Plicant makes " aPPIlmlidspumaxi and subjecollootl A, low ,faw Stake of
..,L A. o / u:,: _City _^ ' f
applicable therelo, which are hereby made a pact hereof, and hereby a&m.-A, obomm said O&W the saxes;
Recommend approval with restric=eg�ents as in past.
Drivers license J.D. to be require e.
Steve TIMMon\ Police Chief
Fach applicant further states that --he is not nou, the holder of, nor has —he made application for,
nor d(ws --he intend to make application for a Federal Retail Dealer's Special tax stamp for the oak of
intoxicating liquor.
D.Od .. . ........ I9. q4
OTT OF WTCM"=
CITY CENTER
111 MRSUN STREET SE
NUTCMINSOK ilk 5SMZS22
llfc"1646a�
Hutchinson Elks Lodge 2427
TIMnnis E. Schroeder, Secreted___
JPPUmet-..
P. O. ldelmas Box 272
.... . ........
Hutchinson MN 55350
Form Na. 2.35-.r. . e ' —
RETAIL "ON SALE"
6tate of Aitantigota, 161 A T ur ny i wirwaum 1
comvrror .. .. ...... .... ......
To the 4- of the .. .. ..... 7 Y .............
at ....
.. I .._....._..___..........._. __......_....._.........I...._. State of Minnesota:
hereby appl .., far a liorsew for the term of...., ..... . . . ......
from Al. 1z-"'qY e _......._.Al" of . ........ ZO.— to 014
At Retail 0*, Non-Intoxicating Malt Liqoors6
the same see defied by low, far caswumptimt "Or' those ovetalft promises in
d,seliZud as follow, %L <_..
.......
at which plass, said appW4,ut operate.... M, lumiame of
That said applicant ...... . ........_aUixen of the UnitwiStator; of food mora4eharads,
and repute; and h4 .....attained the *0 of All yea"; that
cxtnbiishmrnt /a, which the license mill be issued if this application is (ranted.
That no maaafartam of each eawintoxioatinjf malt liquor, hoe any MAOTWt is arhas Wb& part,
in said business of add applicant..... or any tat~ therein;
That said. applieanit_ m.,W Ih& applications pursuant and subled to all She Jour of As Siam of
Minnesota and the ordinances and rejulations, of said ................. ..... . .... .....
applicable thercta, which are hereby made a part Ammo), and hereby aghw.-A& Obwate and sky As saw;
. . .. . ........ _ ..... . . ........ .......... . .. 1 ------ . .........
No beer allowed to be brought into bleacher or ball park
Drivers license I.D. to be required for purchase.
Beer not to be consumed off ball park area.
Recommend approval with restrictions and
Each applicant further states that --he is not note the holder of. nor has --he made application for.
nor doses --he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of
liquor.
7
74,
0
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C�
NO. 94 -107
AN ORDINANCE TO VACATE UTILITY EASEMENT IN
WAGNER DEVELOPMENT CORPORATION PLAT
THE CITY OF HUTCHINSON, MINNESOTA ORDAINS:
SECTION 1. That notice of hearing was duly given and
publication of said hearing was duly made and it was made to appear
to the satisfaction of the City Council that it would be in the
best interest of the City to vacate a portion of said easement.
SECTION 2. That certain easement in the City of Hutchinson is
described as follows:
110 feet of utility easement on east line of Outlot B
Wagner Development Corporation Plat
SECTION 3. This ordinance shall take effect from and after
its passage and publication and upon filing certified copy thereof
with the proper County officers as required by law.
Adopted by the City Council this 12th day of April, 1994.
ATTEST:
Gary D. Plotz
City Administrator
Marlin Torgerson
Mayor
Y _O'
. PUBLICATION NO. 9648
NOTICE OF HEARING ON PROPOSED IMPROVEMENT
LETTING NO. 7
PROJECT NO. 9407
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the
Council Chambers of the City Hall at 8:00 P.M. on the 12th day of April, 1994, to consider the
making of an improvement of South Grade Road from TH 15 to Dale Street by construction of
storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete
curb and gutter, bituminous base, bituminous wear course and appurtenances, pursuant to
Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such
improvement is the benefitted property, for which property owners shall receive mailed notice.
The estimated City Cost of said improvement is $258,000.00, with an estimated
$100,000.00 Assessable Cost, and an estimated Federal Cost of $360,000.00, for the total
estimated cost of $718,000.00.
Such persons as desire to be heard with reference to the proposed improvement will be
heard at this meeting.
0 Dated: March 29th, 1994.
r �Y
City Admidistrator
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 THURSDAY, MARCH 31ST , 1994
AND THURSDAY, APRIL 7TH, 1994.
-- A I
• 1394 PUBLIC HEARINGS
South Grade Road (TH 15 to Dale Street)
LETTING NO. 71PROJECT NO. 94-07
This Project includes the median, turn lane and signal
revisions from Project 93 -05 (Merrill Street to TH 15) . It
also includes complete replacement of the existing roadway
surface and subgrade, as well as replacement of undersized
storm sewer and deteriorating watermain within the roadway.
Hutchinson Mall and Hutchinson Mall Plat 2 will be assessed
as noted in the Subdivision Agreement for Hutchinson Mall
Plat 2. All other properties will assessed for street
improvements and related storm sewer improvements only.
Parcels which have water services replaced will be
responsible for the cost of the new service only. The City
will pay for all remaining street costs, watermain
replacement and general storm sewer oversizing and
• replacement Corner lots which have previously been assessed
will be credited for up to 1501 of sideyard. Lots which
have paid a street assessment within the last 20 years are
proposed to be partially credited for previous assessments.
ESTTh1ATED ASSESSMENTS
ITEM RANGE AVERAGE
STREET IMPROVEMENTS (Non -Mall Area) $28 - 35 /FF $ 32
STREET IMPROVEMENTS (Hutchinson Mall Plate) PER SUBDIVISION AGREEMENT
ASSESSMENT NOTES
> WILL DESIGN PROJECT AND GO OUT FOR BIDS IF APPROVED AT PUBLIC HEARING
> ASSESSMENT HEARING TO BE HELD AFTER BIDS, PRIOR TO AWARD OF CONTRACT
> ACTUAL ASSESSMENTS TO BE CALCULATED FOR ASSESSMENT HEARING, BASED ON
THE REAL PROJECT COSTS
> PAYMENT OPTIONS:
Full payment without interest by October 1, 1994
• Full payment with interest (frost october lot) by November 15, 1994
After November 15, 1994 the assessments are certified to tax rolls
Assessment on Tax Roll, 10 years with interest, Equal Principal
Deferment available for property owners, meeting income
guidelines, who are either over 65 years old or disabled. 4-
11
BEGIN
S.P. 133 -11
STA 0+00
J MAP
!-� T
1
67
FAMEN
0
Cl
GRADE
ROAD
END
S.P. 133- 180-01
STA 31+90
I
H 1111
r
I
�y1 6f-
jD 12 7
12 .1. 7
SITE MAP
SCALE: 1" = 1000'
0
• RESOLUTION NO. 10180
RESOLUTION ORDERING IMPROVEMENT
AND PREPARATION OF PLANS AND SPECIFICATIONS
LETTING NO. 7
PROJECT NO. 94 -07
WHEREAS, a resolution of the City Council adopted the 22nd day of March, 1994, fixed
a date for a Council Hearing on the improvement of South Grade Road from TH 15 to Dale
Street by construction of storm sewer, sanitary sewer and services, watermain and services,
grading, gravel base, concrete curb and gutter, bituminous base, bituminous wear course and
appurtenances.
AND WHEREAS, ten days' published notice of the hearing through two weekly
publications of the required notice was given and the hearing was held thereon on the 12th day
of April, 1994, at which all persons desiring to be heard were given an opportunity to be heard
thereon.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
is 1. Such improvement is hereby ordered as proposed in the resolution adopted the 22nd
day of March, 1994.
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 12th day of April, 1994.
Mayor
City Administrator
F/7ZLOFF
HARDWARE RANK,
Highway 15 South Hutchinson, Minnesota 55350
1\1: 1
fiutcninson-City Council ._.
FROM: Earl Fitzloff, owner of Fitzloff s Hardware Hank
RE: Lynn Road /South Grade Road intersection
DATE:
Phone 612.587.2658
As both the owner of a business along Lynn Road and as a resident of the City of Hutchinson, I am
concerned about the poorly - planned intersection of Lynn Road and South Grade Road. I respectively
request a fresh look at considered changes in the area of Lynn Road, South Grade Road and Highway 15.
These concerns include:
• The wisdom of funneling additional traffic from South Grade Road onto Highway 15 when the
drivers of many of those vehicles want to turn north on Lynn Road.
• Public safety concerns for vehicles turning at the proposed left turn lane off Highway 15 onto Clinton
Avenue against oncoming traffic.
• Convenience and safety, both of which are concerns to today's consumer. To ask a customer to go
around the block or the business to reach their destination is inconvenient and can be unsafe. A
comparable situation with which you may be able to identify would be parking at the side or back of a
super market and walking around to the front to get in the store. You would find it inconvenient, as
•would your wife and family, and influence your decision whether to return to that place of business.
In addition, I have not seen any concern for traffic - trucks included - which need to go north from the
end of Lynn Road, Farm and Home or Hardware Hank.
• I have repeatedly been told that the median on South Grade Road is necessary for safety and because
shortening the median would interfere with the proper operation of the traffic signal. If the median on
South Grade Road is so necessary, why isn't there a median on School Road? Would corporate resistance
be possible by SuperAmerica and Happy Chef?
Again addressing the safety issue, the turn from the intersection with the signals at Highway 15 and
South Grade Road has been free of accidents.
Please - before your blessing is given to this proposal - walk Lynn Road, drive Lynn Road, and see first
hand not only a desk - prepared plan but also the shortcomings of a street system which does not fulfill the
needs of the public.
I suggest opening the end of Lynn Road for two -way traffic, shortening the median and prohibiting
left turns onto the highway. I also suggest designing Clinton Avenue construction as a full intersection to
allow traffic to go both ways.
I bring these requests to you not so much as an individual businessman but as a citizen of Hutchinson.
Because my business is located on Lynn Road near the South Grade Road intersection, I am in the unique
position to hear comments by customers who are unhappy with the current intersection design. Many,
many people have relayed to me their negative feelings about the intersection of the two roads, and I feel
compelled to bring these concerns to you. I therefore submit these concerns not only as a business affected
by this poorly - planned project, but also as a Hutchinson resident who respects the needs and wishes of
convenience for the 50 or more drivers each day who wish to turn north from South Grade Road onto
0ynn Road.
-2-
Upon a motion by Commissioner Eloi Hamre and seconded by
Commissioner Ray Bayerl, it was moved to reduce the value on the
detatched garage from $3,184 to $1,500. The Chairperson declared
the motion approved upon a unanimous vote.
The County Assessor proceeded to review the statistical reports
with the Board.
The Chairperson recognized Earl Fitzloff regarding parcel number
23 -164 -0030 in Hutchinson City which is Fitzloff Hardware Hank.
Mr. Fitzloff expressed problems associated with reduced
accessibility due to a change in the intersection by the state
highway department. The concensus was that this matter would be
appropriately referred to the County Board as opposed to this board
because of concerns regarding the cost of an appraisal as well as
safety and access concerns.
Upon a motion by Commissioner Ray Bayerl and seconded by
Commissioner Al Huff, this matter was referred to the County Board
to be considered at their nest meeting.
The County Assessor continued to review the statistical reports. •
There being no further business, upon a motion by Commissioner Ray
Bayerl and seconded by Commissioner Al Huff, it was moved to
adjourn the Annual Board of Equalization.
�Q�
Edward Ide,
Secretary
•
County of McLeod
830 11 th Street East
Glencoe, Minnesota 55336
00MMISSKMA RAY UYERL
1si Dow
Pro" (612( 466.2161
20776 CAW AvwM
L"w Praw&, MN 5635{
COMMISSIONER AL Huff
2nd D"im
Pro" (612) M43607
97M 125M Sho
GY"w, MN 56336
COMMISSIONER EL01 A NAMRE
3rd DOW
Phww (6121562.2129
900 Mohty • PO Bw 125
S WRK MN 56395
COMMISSIONER DONN W. ULRICN
4m D.6ia
Rh (012) 56744"
14495 15561 SUM
Kfid IMCq MN %MD
MAYOR
CITY OF HUTCHINSON
CITY HALL
HUTCHINSON.
MN 55350
COMMISSIONER BEY WANGEW
SM Dario
Pho" (612) 5674M
16366 A dwh Ckb
HUWNN ^ MN 56.960
JOSEPH CULHANE
Carts' Coadn@W
PhaM (012) M45661
• DEAR MAYOR ACKLAND:
IT APPEARS ONCE AGAIN, THE CITY OF HUTCHINSON IS ABOUT TO BE A
PARTNER WITH MNDOT IN COMPOUNDING THE COMEDY OF ERRORS AT THE INTER-
SECTION OF HWY *15 AND SOUTH GRADE ROAD.
STARTING WITH THE FLEDGING ENGINEER'S LAYOUT OF THE ORIGINAL
DESIGN BY NOT ALLOWING ACCESS OF HWY *15 NORTHBOUND TRAFFIC TO LYNN
ROAD AND AN APPARENT DISREGARD FOR BUSINESS OPERATIONS ON LYNN ROAD,
THE OPPORTUNITY IS NOW AVAILABLE TO CORRECT THIS GROSS OVERSIGHT.
WITH ARROWS DIRECTING LEFT TURNING TRAFFIC ON HWY $15, IT WOULD
SEEM TO ME AN ARROW TURNING SYSTEM CAN BE DESIGNED FOR TRAFFIC ON
SOUTH GRADE ROAD TO ENTER LYNN ROAD WHETHER EAST OR WESTBOUND.
IT APPEARS TO ME THE LOGIC IN THE DESIGN OF THE TRAFFIC FLOW
SYSTEM IS STRUCTURED TO RECOGNIZE A BUSINESS OPERATION ON THEIR SIZE
AND NOT IF THE TRAFFIC SYSTEM TREATS ALL THE BUSINESSES FAIRLY. I
BELIEVE IT IS TIME TO CORRECT THIS POSTURE.
SIN Y,
• ELOI HAMRE
3RD DISTRICT COMMISSIONER
MCLEOD COUNTY
MCLEO0 COUNTY 15 AN EQUAL OPPORTUNITY EMPLOYER
13859 County Road 7
Hutchinson, MN 55350
July 26, 1993
To Whom It May Concerni
Fitzloff's Hardware Hank Store at 934 Lynn Road, Hutchinson,
has lone been a favorite with our family for many reasons. We
like the quality merchandise, the concerned, helpful sales-
people and the local ownership. We know if there ever is a
problem, it will be taken care of to our satisfaction. We
appreciated the business' move several years ago to a facility
providin? much larger in -store room alone wit onvenient,
amnle parkinz. of benefit as well was the lost tion, just off
Highway 15 with easy access to people such as ourselves who
reside southwest of Hutchinson.
We found it inconveivable, therefore, when traffic was
deliberately diverted away from Fitzloffs as well as from Farm
and Home by a traffic plan which effectively cut off those two
businesses from inbound traffic arriving via Highway 151 County
Road 7 and the South trade Road. and from all those many side
roads flowing into the three more major entrances.
While it probably is impossible to have a count of vehicles -
and thereby out -of -town customers bound for those businesses that
are inconvenienced by the current lack of viable access it must
be sizeable. Another count that would be interesting would be
one tallying vehicles and customers cutting through the pizza Hut
parking area to get to the two "abandoned" businesses. How can
the City of Hutchinson justify creation of a situation in which
law - abiding, citizens see the need to proceed if not illepally at
least dangerously through one establishment's parking facility in
order to pet to another?
We know personally of other families - merchandise - buying,
revenue - producing, tax - paying customers - who feel as we do.
The City's abandonment of two locally -owned businesses in order
to arbitrarily dictate what has proved an unsatisfactory solution
to a traffic flow question is not only inconvenient to the buying
public it normally courts, but is devastating to the locally -
owned businesses. We respectfully ask that the question once more
return to the drawing board for a more equitable and satisfactory
solution.
Sincerely,
Roya "Jim" and Margaret Knutson
pt � -
•
71; F/53
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•
- the editor:
Just finished with some errands
downtown Hutchinson. What
experience it was. It could be
-- to New York, Boston,
Los Angeles for traffic prob-
.... But why? Hutchinson is a
town. Compared to how
affic used to be, boy, is it
- .. =d up now. It really makes
ie wonder if the people who
jade all of the changes drive in
If they don't drive
et, I would like to point out some
C their mistakes.
Traffic back ups at rush hour.
Then you put in turn lanes, there
-e normally turn arrows on the
gnal lights.
Extra long turn lanes at the
ub, off Main Street. There are
)parking spaces left.
Can't park in front of the post
office south and north bound.
Can't park in front of Main
Clips to get a hair cut north
bound.
Can't park by drop box for
bills, near post office south bound.)
Can't park in front of Fabric
cleaners, north bound.
Question, do the downtown
businesses care, doesn't this effect
their business? I believe people
spend more time downtown now,
but in their cars. Maybe we should
do what Hopkins did. Put in
planters and trees and more stop-
lights, and then nobody will drive
downtown.
Impossible to drop off mail in
the drive up mail boxes. off of
main street too much traffic. The
back alley is blocked by a beer
truck delivering beer to the at Bluff Street. We got the Hutch
Legion at S p.m. on a Friday after- Teckers turning and going north
Ron-
Can't get to the Pizza Hut with-
out driving into the exit, or
ving a mile out of the way. The
same goes for Farm and Home
and Fitzloff Hardware.
The Telephone Company
should give up on making it tough
to drive through their parking lot.
People just don't want to drive on
Main Street. Besides it's an easy
way to get to the Marquette Bank
drive through. It should have been
a through street.
Left turn or right turn off South
Grade road into Cash Wise, is a
game of "Chicken" before you
buy it at the store. You could be
killed.
Then there is Highway 7 signal
and the 3Mers turning and going
south to work. Then there is a
grain hauler from South Dakota
going straight through Boy, if you
are not lucky, you could be road
pizza.
Am I the only person in
Hutchinson fed up with the traf-
fic? I am sure there are more areas
in totkn that traffic is just as
screwed up as the ones I have
noted. More people should right
them up and send them into the
Leader. We should all ask the
question. How do we get this
mess straightened up?
Tom Schwartz,
Hutchinson
shopping cart mayhem, damage lamented
the editor:
I am irate and friend or foe I
n't care who knows it.
•nethinr has to be donel
I'm enelkine ahots hant+nv_
with been pushed, hit or wind
blown into them. I'm sure others
have the same experience.
I would campaign for any leg -
a sizable deposit on carts. Let's
say for example a$ 10 deposit and
when you return the cart your
deposit is refuns an addi-
I guess we just get scratched
and bit a little but we still retum
the carts.
0
M E M O R A N D U M
April 7, 1994
TO: John Rodeberg and Steve Madson
FROM: Marilyn J. Swanson
SUBJECT: Petitions for Four -Way Stop on Corner
of Fifth Avenue & Harrington Street
A lady called me earlier this week regarding her concern that a
four -way stop be placed on the corner of Fifth Avenue and
Harrington Street. I suggested she submit a letter to the City
Council.
The attached petitions were delivered to City Center this morning.
It is my intention to include this item on the agenda for April 12
Council meeting. If you have any comments or recommendations
regarding this request, please submit them to me so that I can pass
the information on to the City Council.
Thank you.
CC: Gary D. Plotz
Mayor Marlin Torgerson
City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
(612) 587 -5151
Fax(612)234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
(612) 587 -2975
Fax(612)234 -4240
Printed an re,'rrled parer
6-A'
Police Services
10 Franklin Street SW
Hutchinson, MN 55350 -2464
(612) 587 -2242
Fax(612)587 -6427
We the citizens of the neighborhood of Fifth Avenue and Harrington Street, would like
to request that a 4 -way stop be placed on the corner of Fifth and Harrington. There are
many young children in this neighborhood as well as much pedestrian traffic (bikers,
rollerbladers, and walkers) due to the location of the LITTLE STORE on the corner of
Fifth and Harrington. This corner is more dangerous than most due to the
topographical design of Fifth Avenue as it comes off Dale Street. The hill that goes
from Dale Street to Harrington Street on Fifth Avenue makes it difficult for cars to see
small children crossing near that corner. In addition there are frequently cars that
travel very rapidly over that hilt making it even more difficult to stop in time.
Thank you for considering the importance of this issue before it is too late!
1.
j I3
4. G-- 5. CC.0 6.
7.
8.
9. Saar
10.�/E
• 11. �$G2t �Jc2�Ku c�
12.
13. -� +
14. el1 cN C9Lk�-
15.
16. J/ca1�jL
17. a (a ti vc
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
�-A
We the citizens of the neighborhood of Fifth Avenue and Harrington Street, would like
to request that a 4 -way stop be placed on the corner of Fifth and Harrington. There are
many young children in this neighborhood as well as much pedestrian traffic (bikers,
rollerbladers, and walkers) due to the location of the LITTLE STORE on the corner of
Fifth and Harrington. This comer is more dangerous than most due to the
topographical design of Fifth Avenue as it comes off Dale Street. The hill that goes
from Dale Street to Harrington Street on Fifth Avenue makes it difficult for cars to see
small children crossing near that corner. In addition there are frequently cars that
travel very rapidly over that hill making it even more difficult to stop in time.
Thank you for considering the importance of this issue before it is too late!
2.
3.
4.
5.
25.
26.
27.
28.
29.
30.
APg1994
By R...
n
U
0
A I
DAVID B. ARNOLDI
GARY D. A. AND E
STEVEN A. ANDERSS
ON
O. BARRY ANDERSON
STEVEN S. HOGE
LAURA R. FRETLAND
DAVID A. BRUEGOEMANN
PAUL. D. DOVE • -
JOSEPH M. PAIEMENT
RICHARD G. Mc GEE
CATHRYN D. REHER
GINA M. BRANDT
BRETT D. ARNOL.D
I AL40 ADMITTED IS T.NAS AND NL E.N.
IAISO ADMITTED IN IIISCOYSIY
ARI OLD & McDOwELL
ATTORNEYS AT LAW
5881 CEDAR LAKE ROAD
l� OF COUNSEL
WILLIAM W. CAMERON
f�11 RAYMOND C. LALLIER
MINNEAPOLIS, MINNESOTA 55416 -1492 1
801 SOUTH FOURTH STREET
(6121 545-9000 INC ETON MINNESOTA 55071
Gary D. Plotz, City Administrator
City of Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, MN 55350
RE: HCVN Lease
Our File No. 3244 -92054
Dear Gary:
MN 101E FREE 800- OJO-4545 � � '6121389-2214
N-4 PAX 161E, 348 -1>90 ^ `, `- FAX 96120 089 -5SOG
101 PARE PLACE
HUTCHINSON, 351 �8>3 A 88050
March 30, 19 �V FAX 1612, 587-4096
110W A1
. I write to you today in my capacity as a volunteer member of the Board of Directors of
Hutchinson Community Video Network Inc. As you know, improvements have begun on the
space which the city proposes to lease to HCVN. I thought I would bring you up to date on
the construction now underway and also outline some thoughts regarding the proposed lease
arrangement.
HCVN, Inc. has secured bids for the necessary improvements to the space. As you may recall,
the original proposal as presented to the City Council, strictly on a for your information basis,
contemplated total improvements exceeding $40,000.00. The cost of the improvements has
now been reduced to $20,000.00 or less and the cost is composed of the following elements:
1. Construction cost for walls, partitions and the like: $13,350.00 (contractor Tom
Christianson);
2. Electrical work consisting of conduit around the space affixed to cement block:
$3,000.00 (electrician Rod Portele);
3. Plumbing work consisting of modifications to the sprinkler system required by
the building inspector and the necessary plumbing for bathroom facilities:
$2,785.00.
In addition, 1 am providing to you a drawing of the premises which reflects the general outline
of the proposed improvements. I do want to bring to your attention the doorway on the north
side of the building which will provide an entrance to the HCVN space. A ramp or other
• suitable entrance will need to be constructed because the doorway is higher than the adjacent
ground. This issue is discussed in little greater detail below.
'CERTIFIED AS A CR91 TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 1
Gary D. Plotz
March 30, 1994 .
Page 2
As to the term of the lease, the City Council was uncomfortable with a long term lease because
of the possibility that the city may need the space. With that understanding in mind, HCVN,
Inc. would propose a five year lease on the space with the lease to roll over on a one year,
annual, basis thereafter. This would give HCVN enough time to amortize the costs of the
improvements and it also provides some assurance that the city could acquire the space with
no more than a one year notice if the space was needed for some other reason at the end of
the five year period. (Moving studio equipment is not the problem in relocating the facility;
the problem is access to the necessary cable facilities that can make relocating difficult and
thus my proposal for a one year notice at the end of the five year lease. Obviously, HCVN
is open to any other reasonable suggestions the city may have regarding the length of the lease
and notice.)
This leads to the final issue. At one point, there was discussion regarding the possibility of
the city paying or financing these improvements. I would propose that the city loan to HCVN
the sum of $20,000.00 to construct the improvements since many of the improvements will be
the prope y o e city w en and t the city elects to acquire the s ace. The land would be
amortize3 at erther no or very ow interest over a peno o five years. Alternatively, the .
$20,000.00 could be viewed as an advance on franchise fees to be paid in future years to
HCVN with HCVN then having the option of whether or not it wishes to pay the advance back
or to simply reduce its future franchise payment. The latter approach might be cleaner in that
it is, in effect, not an obligation owed by HCVN and does not need, at least in my view, to be
carried as a loan.
I would request that this matter be placed on the agenda at the next regularly scheduled City
Council meeting. Thank you.
Very truly yours,
ARNOLD
Enclosure
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0
0
Crary Plotz
City of Hutchinson
111 Hassan Street
Hutchinson Jaycee Water Carnival
P.O. Box 624
Hutchinson. Minnesota 55350
Hutchinson, Minnesota 55350
March 28, 1994
I would like to take this opportunity to thank you for your continuous support of the Annual Jaycee Water
Carnival. The financial support you pro-Ode is very vital to the success of the Water Carnival. Your contribution
is not only appreciated by the Jaycees, but by the community at large.
This year we are celebrating our 52nd Annual Water Carnival, which will be held June 16 - 19, 1994. We will
continue the tradition of having a great parade and fabulous fireworks. We hope to bring back events such as the
10K run and two mile, or Fun Run In addition to this, we'd like to expand by having the following new events:
an outdoor dance on Saturday night, jet ski competition on the Crow River, hot air balloon rides, pony rides, a
family music concert, kids' fest, roller blade contest, a garden tractor pull, and sand volleyball. We anticipate
maintaining the event's high quality level as we promote and enlarge this fantastic community celebration, which
brings 15 - 20,000 people to Hutchinson throughout the weekend, and allows us to showcase what Hutchinson
has to offer. However, this can only be done with the continued support of you and the entire Hutchinson
community.
As this annual event brings thousands of people to Hutchinson each year, patronizing all businesses and/or the
business climate, we look to the various businesses/organizations for a financial contribution For this reason, «e
are requesting a donation of $1,500.00 as your commitment to supporting and participating in this years
ty celelaa��tnon.As a significant oonor, you will oe recogruzea as an evem sponsor ana or sponsoring a
nit. I�t a so enables you to have your own unit m the parade, if you wish to do so, promoting your
entity, establishment, or organization.
Your commitment to participate in the 1994 Hutchinson Jaycee Water Carnival can be solidified by forwarding
your donation by May 1, 1994. If you should have any questions or need additional inforrnation, please feel free
to contact me.
Sincerely,
Brent D. Schmeling, Commodore
Hutchinson Jaycee Water Carnival
700 South Grade Road
Hutchinson, Minnesota 55350
612/587 -8800
April B. 1994
C.
MEMO
SUBJECT: HUTCHINSON JAYCEES WATER CARNIVAI, REQUEST
Our budget for 1994 contains $1,000 for the water carnival contribution. This is
the same amount that was budgeted and transferred in 1993.
City Hall
37 Washington Avenue West
(612) 587 -5151
Parks £r Recreation
900 Harrington Street
(612) 587 -2975
Hutchinson, Minnesota 55350
- Printed on mcgdcd paper -
Police Department
10 Franklin Street South
(612) 587 -2242
9-
0
I IONSUMANCEPLANNERS RS
January 26, 1994
Mr. Ken Merrill
City of Hutchinson
Ill Hassan Street South
Hutchinson, Minnesota 55350
RE: LMCIT Open Meeting Law Defense Cost Coverage
Ken:
The above coverage has been made available to member Cities by
the LMCIT just recently.
At the Cities direction our office secured a quote from Berkley.
The annual premium for this coverage for the City of Hutchinson
is $2,252.
Enclosed is a copy of the League announcement of coverage,
Is availability and a brief background on the need and development
of the coverage. our office has also secured a copy of the
contract fcr your review.
is
I can recall a few instances where the Leader went to court
taking us to task on the cpen meeting law. I£ memory serves me
correctly nothing came of those incidents.
Please advise me if you wish to pursue coverage or if you wish
me to assist in your evaluation of the need for coverage.
Si cerely��//��
W
Dennis W. Potter
DWP /slb
Enclosures:
cc:
Mark Flaten
9 -6 t
135 Third Avenue Southeast Hutchinson, Minnesota 55350 587.2299
League of Minnesota Cities
3490 Irangtaa Avem s Nmth
St. Paul, WN 55126"
(612) 490M
OPEN MEETING LAW DEFENSE COST REIMBURSEMENT COVERAGE
NOW AVAILABLE
Beginning November 15, 1993, LMCIT is offering an new Open
Meeting Law Defense Cost coverage. This optional coverage will
reimburse city officials for So% of the legal costs they incur
to defend themselves if they are charged with violating the Open
Meeting Law.
This new coverage is quite different from anything LMCIT (or
anyone else, for that matter) has done before. We'll try in
this memo to answer some of the questions that will come up when
city officials are deciding whether this coverage makes sense
for their city.
I. why is this needed? Doesn't our existing LMCIT coverage
apply to Open Meeting Law claims?
Generally, no. The LMCIT liability coverage is designed to
respond to claims for damages. The Open Meeting Law doesn't
provide for damages; it provides for a $100 civil penalty, and
loss of office for repeated violations. Fines and penalties are
not "damages" for purposes of the liability coverage, and LMCIT
therefor generally has no duty to get involved in defending Open
Meeting Law charges under the liability coverage.
The only exception is if the Open Meeting Law charge is combined
with a claim for damages that is covered under the liability
coverage. For instance, if an employee brought a wrongful
termination action against a city, the employee might also
charge that there was a violation of the open meeting law as
part of the termination process. In that case, LMCIT would be
responsible for defending the entire litigation - the Open
Meeting Law charge as well as the covered liability claim. But
an Open Meeting Law charge by itself is not a claim for damages,
and the LMCIT liability coverage would therefor not respond.
II. Why provide coverage for this type of exposure?
One of LMCIT's member cities asked the Trust Board to consider
adding this kind of coverage. The request grew out of an
instance in which several council members incurred very
substantial legal bills defending themselves against an Open
Meeting Law charge.
The Trust Board recognized that defending an Open Meeting Law
charge can cost a city official a lot of money. Defense costs
are often the most significant financial consequence of these .
lawsuits, while the statutory penalty of $100 might be
relatively minor, defense costs can easily run to thousands of
dollars. And those costs are incurred whether or not the
official is ultimately found to have violated the law.
The Board acted on the assumption that most violations of the
law are inadvertent and may even be on the advice of an
attorney. The Board also realized that is easy for somebody to
make an accusation of an Open Meeting Law violation, forcing the
city council member to expend significant sums to defend
him /herself regardless of the merits of the allegation. The
threat of that kind of litigation could even be used as a tactic
to intimidate or coerce council members in some cases. Finally,
the Board assumed that most city councilmembers act in good
faith and try to comply with the law. But sometimes even these
best faith efforts are not enough to head off an Open Meeting
Law lawsuit.
III. Why should public funds be used to pay for defending
someone who actually did violate the Open Meeting Law? Doesn't
this encourage city officials to violate the lap?
The legislature has spelled out in the statute what the
penalties are for violating the law: a $100 civil penalty,
potential loss of office for repeated violations, and possibly
an award of the plaintiff's attorneys' fees in some cases. If
the individual has to pay for his /her own defense costs as well,
the real monetary penalty to the individual can be many times
greater that the penalty the legislature provided in the
statute. And how much those defense costs are may not have much
relation to how serious the violation was.
If more serious penalties are needed to deter violations, the
legislature can change the statutes. That makes more sense than
relying on defense costs as a kind of hidden penalty that might
be wildly disproportionate to the seriousness of the offense,
and are incurred even if there was no offense.
IV. Why is the coverage optional? Why not simply provide it
as a standard part of the liability coverage?
The LMCIT Board recognized that there are good public policy
reasons why a city might want to protect its officials from this
risk. But the Board also recognized that some cities might
consider it inappropriate to use their taxpayers' funds for this
purpose. Making the coverage optional lets each city make this
call for itself.
L
V. what does the Open Meeting Law Defense Cost Reimbursement
Agreement cover?
Under the new coverage, LMCIT will reimburse a city
official for 80% of the defense cost incurred by the city
official in defending an Open Meeting Law lawsuit. The Open
Meeting Law Defense Costs Reimbursement Agreement is limited to
$20,000. This is the most LMCIT will reimburse any one city
official for defense costs for Open Meeting Law lawsuits
commenced during the term of the coverage agreement, regardless
of the number of lawsuits or the number of actual alleged
violations.
VI. what doesn't it cover?
There are two major kinds of costs for which this coverage would
not reimburse the official:
1. Any fine or penalty for violating the open meeting law.
2. Any award that orders the city official to pay for the
opposing party's attorney's fees.
As an example, suppose a newspaper is successful in bringing an
open meeting claim against a city official. The judge awards a
$100 penalty against the official and also orders the official
to pay the attorneys fees incurred by the newspaper in bringing
the claim. The new coverage would not pay or reimburse either
the penalty or the attorneys fees awarded.
Note too that this coverage would not cover any legal costs that
the city might incur if the city itself were a party to the
Open Meeting Law litigation - unless, of course, it was part of
a suit that also included a covered claim for damages, as
discussed earlier.
vii. Now will the open Meeting Law Defense Cost Reimbursement
Agreement work?
The coverage is significantly different from other coverage
provided under the standard LMCIT coverage agreements in a
couple important ways. First, unlike LMCIT's liability
coverages, the Open Meeting Law coverage does not pay the legal
costs on the city official's behalf. Instead, LMCIT will
reimburse the city official for 803 of those costs, to a maximum
of $20,000, after the official has incurred those costs. The
city official remains responsible for paying his /her defense
attorney, including the 203 which LMCIT will not reimburse as
well as any costs over $20,000.
0
Second, the city official retains control of the litigation.
The city official makes the decisions on what attorney to hire, .
whether to settle or compromise the litigation, whether to
appeal, etc.
The coverage is triggered when a lawsuit is served on the city
official alleging a violation of the Minnesota Open Meeting Law.
If a lawsuit is filed during that term of the agreement, the
city official has to do two things:
1. Notify LYCIT of the litigation; and
2. Select defense counsel.
VIII. Now much will this coverage cost?
Initially, we'll be basing the charge for this coverage on the
premium for the city's liability coverage. Generally, the cost
will be 1.5$ of the liability premium, subject to a $500 minimum
premium. In an individual city's case the premium could be
somewhat higher if in the underwriter's judgement there is a
substantially higher risk of Open Meeting Law claims in that
city, though we expect this to be rare.
IX. Now do we go about adding this coverage for our city?
Have your agent contact LMCIT's underwriters at Berkley Risk
Services and ask for an application form. The underwriters will
be able to return quote fairly quickly.
Z. Whom can we call if we have other questions?
If you need additional information or have other questions, you
can contact Tom Grundhoefer or Pete Tritz at the League office,
or call the underwriter at Berkley Risk Services who handles
your city. we'd also appreciate any comments or suggestions
city officials have for ways this coverage could be improved, or
for any other changes cities would like LMCIT to consider.
11/17/93
Pi
JAN-20 -1994 14:34 FPp1 TO 9158708M P.@2
5105el f Ai Ell
Agreement Number. Agreement DeclartiWo League of Mbltoeeoh Cities III I
OML. Open Meeting Law
Defense Cori Relmberaamest Agreement
Is Provided By:
THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST
(Hereln celled LMCIT)
Previous Agreement
Number-.
Claims -Made
Item 1. COVERED PARTY AND MAILINC ADDRESS:
Item 2. AGREEMENT TERM:
F�:
Item 3. RETROACTIVE DATE:
T«
Item 4. THE COVERED PARTY 18:
City — Joint Powers Entity _ Other (Describe)
1381 AM aandd 711ft t
MAWOS Addnw bAMW AMw.
Item S REIMBURSEMENT LIMITS:
A "Reimbunable Cow ": MAXIMUM
1. Defense Cow Per Lawsuit Per Official: S 20,000
2. Agreement Term Aggregate Per Official: S 20,000
Item 6. CHARGE:
Item 7. FORMS AND ENDORSEMENTS APPLICABLE TO AGREEMENT:
Lmcrr be"I9 (11 -93)
0
Aft WW by 9ft"f Ride ger"W . 106
9-d
r
OPEN MEETING LAW DEFENSE COST
REIMBURSEMENT AGREEMENT
L OPEN MEETING LAW DEFENSE
COST COVERAGE
LAfCTrwill reimburse a dry official Aw 30 pelts t
of the d4f"m costs inoarred by the city o, fidal in
defeadiag en Open Meeting Law lawsuit, if the
foflowins conditions are met:
I. The date on which the Open Meeting Law
lwsait is commenced mast be within the
tars of this agreement; and
2. The date on which the violation took place
or h alleged to have taken place mast be
on or after the retroactive date, if any,
shown in the Declarations.
An Open Meeting Law lawsuit is deemed to be
commenced on the date the city official is saved
Motion of the lawsuit.
IL LIMITS
The Open Meeting Law Defense Cost
Raimbursement Ageeameut Limit is $20,000. This
is the most LMCIT will reimburse any one city
official for defense costs for Open Meeting Law
Iwstttts commenced during the term of this
agreement, regardless of the number of lawsuits,
the number of actual or alleged violations, or the
date the defense costs are actually incurred.
III. CONDITIONS AND EXCLUSIONS
L The term of this Agreement shall be one
yea beginning with the effective date
stated in the DeclWVdO11s. Subsequent
renewals of this Agreement shell be treated
as separate terms.
2. LMCIr shall have no duty to provide a
defense to a city official with respect to ■
legal action against that city Official
seeking penalties band upon an alleged
U#CTT OWLMA -1 (11 -97)
Violation of the Minnesota Open map
Law; however; LAWJT shall Dave the right sO
into - el a at its expanse in the investigation
or defense of an" legal action.
3. The city or the do• official shall sire prompt
notice to LMC[T of any actual or threatened
legal notion against the city Official seeking
penalties against the city offia/al for a
alleged violation of the Minnesota Open
Meeting Law.
4. The city and the dry official shall at all times
cooperate with and promptly respond to
LAfCIT's' requests for information,
investigative data, records, or any other
material documentation.
S. The cry official will be roimbarsed only for
Ajbw costs henrrod with suspect to legal
services actually readered and expanse
seeraliy incurred.
6. The dry off fatal shall have complete fieedos
to choose an mtoraey licensed in 6103 e o
Minnesota to provide the city oplcia! wt
legal services with map= to which
cons are reimbursable under this AsreomexL
7. It is the express intent of rho parties b this
Agreement that neither the city nor the city
official waive any immunities, defenses, or
limitations on liability available aader
Minnesota satates or common law.
S. LAlCIT may oancei this Agreement by
malting or delivering written notion w the
city at least.
a Tea (10) days before the effective
date of cancellation for nonpayment
of the charge for this Agro msem or
b. Thirty (30) days before the effective
1 #1`2
9 --c
0
0
JW4--1d-11Jt*4 14 :-Z ri4,1
.gpE�rtisEN
date of caaoeliation for any other
reason.
If LMCIT decides not to renew this
Agreement, LUCIT will mail or deCavar to
the city written notice of sonrenswai not
less than thirty (30) days before the
expiration date.
9. It is mutually understood and agreed that
the city and all other LA(CJT pool
participants are jointly and severally liable
for all claims and sutpeases of the pool.
The amount of any liabilities in execs of
assets may be assessed to LMCIT pool
participants when a deficiency is identified.
IV. A$F)NUTONS
1. "Open meeting Law lawswr means a
lawsuit se"s penalties against a city
ofjltfal hued on an allegation that the oily
LUMT OnastA -t (nas)
u�
ofjletal has violated M.S. #471.703,
commonly known as the Minnesota Open
Moods$ Law.
2. "Clry" means Ott arty or other governmental
body or entity fiat named In the
Declarations.
3. "Ds1~ ports' means reasonable and
nseeaaary Mersey fees, ova t costs, on"
reporter and trwseript #tern, general witness
and expert witness fen and expense, and
similar defense related costs. Defuses torts
does mot include nay lima or penalties, or
any attornry's tees awarded to a plaintiff in a
suit charging a violation of the Open Meeting
Law.
4. 'City official" zoem any former or pretest
elected or appointed official of the dry or
any present or former employee of the city.
S. •LAdr- ' means the League of Minnesota
Cities Insaranse TruL
r er t
TOTAL P.04
• RESOLUTION NO. 101x1
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
LETTING NO. 2
PROJECT NO. 94 -02
WHEREAS, the Director of Engineering has prepared plans and specifications for the
improvement of Lots 1 thru 5 /131ock 1, Lot I/Block 2, Lots 1 thru 13 /131ock 3, Lots 1 thru
8B1ock 4, and Lots 1 & 2 /Block 5, in Walnut Ridge Estates by the construction of grading,
gravel base, curb and gutter, bituminous base, bituminous surfacing 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 City Administrator 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 10:00 AM on Friday,
May 6th, 1994, in the Council Chambers of the City Hall by the City Administrator and Director
of Engineering, will then be tabulated, and will be considered by the Council on Tuesday, May
10th, 1994, in the Council Chambers of the City Hall, 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 City Administrator and accompanied by cash deposit, cashier's check, bid bond or
certified check payable to the City of Hutchinson for 10 percent of the amount of such bid.
Adopted by the Hutchinson City Council this 12th day of April, 1994.
Mayor
City Administrator
9--7z
• RESOLUTION NO. 10182
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
LETTING NO. 5
PROJECT NO. 94 -05
WHEREAS, the Director of Engineering has prepared plans and specifications for the
improvement of South Grade Court and West Shore Drive in Island View Heights First Addition
by construction of storm sewer, sanitary sewer and services, watermain and services, grading,
gravel base, concrete curb and gutter, bituminous base, bituminous surfacing 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 City Administrator 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 10:00 AM on Friday,
May 6th, 1994, in the Council Chambers of the City Hall by the City Administrator and Director
of Engineering, will then be tabulated, and will be considered by the Council on Tuesday, May
10th, 1994, in the Council Chambers of the City Hall, 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 City Administrator and accompanied by cash deposit, cashier's check, bid bond or
certified check payable to the City of Hutchinson for 10 percent of the amount of such bid.
Adopted by the Hutchinson City Council this 10th day of April, 1994.
Mayor
0 City Administrator
9 -�
RESOLUTION NO. 10183
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
• AND ORDERING ADVERTISEMENT FOR BIDS
•
LETTING NO. 8
PROJECT NO. 94 -08 & 94 -09
WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of.
Project No. 94 -08: Lincoln Avenue from Lynn Road to Harmony Lane and Harmon Lane from Lynn
Road to 2nd Avenue SW by the construction of storm sewer, sanitary sewer,
sewer services, watermain, water services, grading, gravel base, curb and gutter,
bituminous base, bituminous surfacing and appurtenances;
Project No. 94 -09: Arch Street from 2nd Avenue SE to 4th Avenue N.E. and 4th Avenue N.E. from
Arch Street to Bluff Street by construction of storm sewer, sanitary sewer, sewer
services, watermain, water services, grading, gravel base, curb and gutter,
bituminous base, bituminous surfacing and appurtenances and construction of the
Luce Line Trail 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 City Administrator 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 10:00 AM on Friday, May 13th, 1994, in the Council Chambers of the City Hall by
the City Administrator and Director of Engineering, will then be tabulated, and will be considered by the
Council on Tuesday, May 24th, 1994, in the Council Chambers of the City Hall, 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 City
Administrator and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City
of Hutchinson for 10 percent of the amount of such bid.
Adopted by the Hutchinson City Council this 12th day of April, 1994.
City Administrator
Mayor
9 -F
RESOLUTION NO. 10184
• RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT
LETTING NO. 9
PROJECT NO. 94 -26
WHEREAS, it is proposed to improve South Park Water Storage Tank Entmce Road by
construction of grading, gravel base, bituminous surfacing and appurtenances.
WHEREAS, it is proposed to assess the benefitted property for all or a portion of the cost
of the improvement, pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HUTCHINSON, MINNESOTA:
THAT, the proposed improvement be referred to the Director of Engineering for study
and that he is instructed to report to the Council with all convenient speed advising the Council
in a preliminary way as to whether the proposed improvement is feasible and as to whether it
should best be made as proposed or in connection with some other improvement, and the
estimated cost of the improvement as recommended.
Adopted by the Council this 12th day of April, 1994 .
•
City Administrator
•
Mayor
1'-g-
CITY OF HUTCHINSON
. 37 WASHINGTON AVENUE WEST
HUTCHINSON, MN 55350
ENGINEER'S REPORT
DATE: April 12, 1994
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering
RE: Letting No. 9, Project No. 94-26
•
u
I have studied the following areas and find that the proposed project is feasible and recommend
it be constructed.
Project No. 94 -26 : South Park Water Storage Tank Entmce Road by construction of grading,
gravel base, bituminous surfacing and appurtenances.
Construction Cost $ 5.000.00
Engineering/Administration (16 %) $ 800.00
Fiscal /Legal /Capitalized Interest (8 %) $ 400.00
ESTIMATED TOTAL ----------------------- - - - - -- $ 6.200.00
Assessable Cost
Deferred Assessable Cost
City Bonded
City Other Funds
MSA
MNDOT
ESTIMATED TOTAL
* Water Fund
JPR/PV
$ 6.200.00
$ 6.200.00
RESOLUTION NO. 10185
RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT
LETTING NO. 9
PROJECT NO. 94 -26
WHEREAS, pursuant to a resolution of the Council adopted April 12th, 1994, a report
has been prepared by the Director of Engineering, with reference to the improvement of South
Park Water Storage Tank Entrnce Road by construction of grading, gravel base, bituminous
surfacing and appurtenances. Said report was received by the Council on April 12th, 199.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HUTCHINSON, MINNESOTA:
1. The Council will consider the improvements of such streets in accordance with the
reports and the assessment of benefitted property for all or a portion of the cost of the
improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the
improvement of $6,200.00.
2. Inasmuch as said improvement is total City cost, hearing is waived.
Adopted by the Hutchinson City Council this 12th day of April, 1994.
•
City Administrator
0
Mayor
�—is,
RESOLUTION NO. 10186
RESOLUTION ORDERING IMPROVEMENT
AND PREPARATION OF PLANS AND SPECIFICATIONS
LETTING NO. 9
PROJECT NO. 94 -26
WHEREAS, a resolution of the City Council adopted the 12th day of April, 1994, waived
hearing on the improvement of South Park Water Storage Tank Entrance Road by construction
of grading, gravel base, bituminous surfacing 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 12th
day of April, 1994.
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 12th dayof April, 1994.
City Administrator
40
Mayor
RESOLUTION NO. 10187
• RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
LETTING NO. 9
PROJECT NO. 94- 10/94 - 11/94- 12/94- 13/94 - 14/94- 15/94- 16/94 - 17/949 -26
WHEREAS, the Director of Engineering has prepared plans and specifications for the
improvement of:
Project No. 94 -10: Replace displaced and broken sidewalk in various areas of the City.
Project No. 94 -11: Municipal Parking Lots A & B by construction of storm sewer, grading,
gravel base, concrete curb and gutter, bituminous wear course, bituminous
overlay and appurtenances.
Project No. 94 -12: City Center Parking Lot (111 Hassan St SE) by construction of bituminous
overlay and appurtenances.
Project No. 94 -13: Cheyenne Street from Sunset Street to Cleveland Avenue by construction
of bituminous overlay and appurtenances.
• Project No. 94 -14: Park Island Drive from McDonald Drive to South Termini by construction
of bituminous overlay and appurtenances.
•
Project No. 94 -15: Arizona Street from Carolina Avenue to School Road and Carolina Avenue
from School Road to Arizona Street by construction of bituminous wear
course and appurtenances.
Project No. 94 -16: Sherwood Street & Elk Drive SE in Schmidtbauer's 4th Addition - Phase
1 by construction o bituminous wear course and appurtenances.
Project No. 94 -17: 7th Avenue NW from Colorado Street to School Road by construction of
bituminous wear course and appurtenances.
Project No. 94 -26: South Park Water Tower Access by construction of bituminous paving 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.
9 -G.
Resolution No. 10187 •
Letting No. 9
Page 2
2. The City Administrator 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 10:00 AM on
Monday, May 9th, 1994, in the Council Chambers of the City Hall by the City Administrator and
Director of Engineering, will then be tabulated, and will be considered by the Council on
Tuesday, May 24th, 1994, in the Council Chambers of the City Hall, 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 City Administrator and accompanied by cash deposit, cashier's
check, bid bond or certified check payable to the City of Hutchinson for 10 percent of the
amount of such bid.
Adopted by the Hutchinson City Council this 12th day of April, 1994.
Mayor
City Administrator
•
1J
PETITION FOR LOCAL IMPROVEMENT
• LETTING NO. 10
PROJECT NO. 94 -18
TO THE CITY COUNCIL OF HUTCHINSON, MINNESOTA:
We, 100% owners of real property known and described as Lots 1 thru 11 /Block 1 and Lots 1
thru 10 /Block 2 in Parkside 2nd Addition, hereby petition that such property be improved by
construction of storm sewer, sanitary sewer, sewer services, watermain, water services, grading, gravel
base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances, pursuant to
Minnesota Statutes, Chapter 429.
TWIN PORT DEVELOPMENT COMPANY
Lots 1 thru 11 /Block 1 and Lots 1 thru
10/Block 2 in Parkside 2nd Addition
Steven Parks, President of Twin Port Dev. Co.
Lots 1 thru I1 /Block 1 and Lots 1 thru
10 /Blo k 2 in Parkside 2nd Addition
Frank A. Spartz, Mortgagee
•
I have caused an examination to be made of the records provided by the County of McLeod, in
order to ascertain the names and addresses of each person, firm or corporation having an interest in each
lot, tract or parcel for which improvement is requested and against which a special assessment will be
made for the entire cost of the improvement. After making search and inquiry, I am unable to find any
other persons, firms or corporation who have interest other than those listed. To my best knowledge,
the persons herein named are all the owners of properties affected by the petitioned improvement.
Dated:
•
CITY OF HUTCHINSON
qn
AGREEMENT OF ASSESSMENT AND
• WAIVER OF HEARING, IRREGULARITY AND APPEAL
LETTING NO. 10
PROJECT NO, 94 -18
This Agreement, is made this 12th day of April, 1994, between the City of Hutchinson, State of
Minnesota, hereinafter referred to as the City and Twin Port Development Company, a Minnesota
Corporation, Fee Owner, Steven Parks its President, hereinafter referred to as Owner and Frank A.
Spartz, Mortgagee.
In consideration of the action of the City Council, at the owner's request to cause the
improvement of Lots 1 thru I1 /Block 1 and Lots 1 thru 10 /Block 2 in Parkside 2nd Addition by the
construction of storm sewer, sanitary sewer, sewer services, watermain, water services, grading, gravel
base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances, and to assess
the cost of said improvements to the Owner, the Owner agrees to pay said costs less City contribution,
as may be determined by the Council of the City to be a fair apportionment of the costs of said
improvement not to exceed $ over a period of ten years. Owner expressly waives hearing
and objection to any irregularity with regard to the said improvement assessments and any claim that
the amount thereof levied against owner's property is excessive, together with all rights to appeal in the
courts.
In testimony, whereof, Steve Parks, President of Twin Port Development Company, a Minnesota
Corporation and Frank A. Spartz, Mortgagee have hereunto set their hands, the day and year first above
written.
• Owners: In Presence of:
TWIN PORT DEVELOPMENT COMPANY
Steven Parks, President of Twin Port Dev. Co.
Frank A. Spartz, Mortgagee
Mayor
11
CITY OF HUTCHINSON
City Administrator
#'
RESOLUTION NO. 10188
• RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF ENGINEERS REPORT
LETTING NO. 10
PROJECT NO. 94 -18
WHEREAS, a certain petition requesting the improvement of Parkside 2nd
Addition from McDonald Drive to Roberts Road by construction of storm sewer,
sanitary sewer, sewer services, watermain, water services grading, gravel base, concrete
curb and gutter, bituminous base, bituminous surfacing and appurtenances, was duly
presented to the Council on the 12th day of April, 1994; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
HUTCHINSON, MINNESOTA;
1. Said petition is hereby declared to be signed by the required percentage of
owners of property affected thereby. This declaration is made in conformity to
Minnesota Statutes, Section 429.035.
• 2. The petition is hereby referred to the Director of Engineering and he is
instructed to report to the Council with all convenient speed advising the Council in a
preliminary way as to whether the proposed improvement is feasible and as to whether
it should best be made as proposed or in connection with some other improvement,
and the estimated cost of the improvement as recommended.
Adopted by the Council this 12th day of April, 1994.
City Administrator
•
Mayor
i
CITY OF HUTCHINSON
. 37 WASHINGTON AVENUE WEST
HUTCHINSON, MN 55350
ENGINEER'S REPORT
DATE: April 12, 1994
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering
RE: Letting No. 10, Project No. 94 -18
•
•
I have studied the following areas and find that the proposed project is feasible and recommend
it be constructed.
Project No. 94 -18: Parkside 2nd Addition from McDonald Drive to Roberts Road by
construction of storm sewer, sanitary sewer, sewer services, watermain,
water services grading, gravel base, concrete curb and gutter, bituminous
base, bituminous surfacing and appurtenances
Construction Cost
Engineering/Administration (16 %)
Fiscal /Legal /Capitalized Interest (8 %)
ESTIMATED TOTAL ------------ - - - - --
Assessable Cost
Deferred Assessable Cost
City Bonded
City Other Funds
MSA
MNDOT
ESTIMATED TOTAL
JPR/PV
$ 117.000.00
$ 18.600.00
$ 9.400.00
$ 145.000.00
$ 145.000.00
$ 145.000.00
9 -#.
RESOLUTION NO. 10189
• RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT
LETTING NO. 10
PROJECT NO. 94 -18
WHEREAS, pursuant to a resolution of the Council adopted April 12th, 1994 , a report
has been prepared by the Director of Engineering, with reference to the improvement of Parkside
2nd Addition from McDonald Drive to Roberts Road by construction of storm sewer, sanitary
sewer, sewer services, watermain, water services grading, gravel base, concrete curb and gutter,
bituminous base, bituminous surfacing and appurtenances. Said report was received by the
Council on April 12th, 1994.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HUTCHINSON, MINNESOTA:
1. The Council will consider the improvements of such streets in accordance with the
reports and the assessment of benefitted property for all or a portion of the cost of the
improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the
improvement of $145,000.00.
2. The Petition and Agreement of Assessment and Waiver of Hearing is hereby declared
. to be signed by the required percentage of owners affected thereby. This declaration is made in
conformity to Minnesota Statutes, Section 429.035.
3. Public hearing on said improvement is hereby waived.
Adopted by the Hutchinson City Council this 12th day of April, 1994.
City Administrator
•
Mayor
RESOLUTION NO. 10190
• RESOLUTION ORDERING IMPROVEMENT
AND PREPARATION OF PLANS AND SPECIFICATIONS
LETTING NO. 10
PROJECT NO. 94 -18
WHEREAS, a resolution of the City Council adopted the 12th day of April, 1994, waived
Public Hearing on the improvement of Parkside 2nd Addition from McDonald Drive to Roberts
Road by construction of storm sewer, sanitary sewer, sewer services, watermain, water services
grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing 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 12th
day of April, 1994.
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 12th day of April, 1994.
City Administrator
•
Mayor
9- //
AGREEMENT OF ASSESSMENT AND
• WAIVER OF HEARING, IRREGULARITY AND APPEAL
LETTING NO. 10
PROJECT NO. 94 -25
This Agreement, is made this 12th day of April, 1994, between the City of Hutchinson, State of
Minnesota, hereinafter referred to as the City and Richard Schmidtbauer and Beatrice Schmidtbauer,
husband and wife, hereinafter referred to as Owner.
In consideration of the action of the City Council, at the owner's request to cause the
improvement of Orchard Avenue, Bradford Street and Sherwood Street in Lots 1 thru 6 /Block 3, Lots 1
thru 5 /Block 4 and Lots 1 and 2 /Block 5 in Schmidtbauers 4th Addition by the construction of storm
sewer, sanitary sewer, sewer services, watermain, water services, grading, gravel base, concrete curb and
gutter, bituminous base, bituminous surfacing and appurtenances, and to assess the cost of said
improvements to the Owner, the Owner agrees to pay said costs less City contribution, as may be
determined by the Council of the City to be a fair apportionment of the costs of said improvement not
to exceed $ over a period ten years. Owner expressly waives hearing and objection to any
irregularity with regard to the said improvement assessments and any claim that the amount thereof
levied against owner's property is excessive, together with all rights to appeal in the courts.
In testimony, whereof, Richard Schmidtbauer and Beatrice Schmidtbauer, husband and wife, of
Hutchinson, Minnesota, have hereunto set their hands, the day and year first above written.
Owner: In Presence of:
r 1
Richard Schmidtbauer
Beatrice Schmidtbauer
Mayor
•
CITY OF HUTCHINSON
City Administrator
PETITION FOR LOCAL IMPROVEMENT
. LETTING NO. 10
PROJECT NO. 94 -25
TO THE CITY COUNCIL OF HUTCHINSON, MINNESOTA:
We, 100% owners of real property known and described as Orchard Avenue, Bradford Street
and Sherwood Street in Lots 1 thru 6 /Block 3, Lots 1 thru 5 /Block 4 and Lots 1 and 2/Block 5 in
Schmidtbauers 4th Addition, hereby petition that such property be improved by construction of storm
sewer, sanitary sewer, sewer services, watermain, water services, grading, gravel base, concrete curb and
gutter, bituminous base, bituminous surfacing and appurtenances, pursuant to Minnesota Statutes,
Chapter 429.
Lots 1 thru 6 /Block 3, Lots 1 thru 5 /Block 4
and Lots 1 and 2 /Block 5
in Schmidtbauers 4th Addition
Richard Schmidtbauer
• Lots 1 thru 6 /Block 3, Lots 1 thru 5 /Block 4
and Lots 1 and 2 /Block 5
in hmidtba r 4th Addition
Beatrice Schmidtbauer
I have caused an examination to be made of the records provided by the County of McLeod, in
order to ascertain the names and addresses of each person, firm or corporation having an interest in each
lot, tract or parcel for which improvement is requested and against which a special assessment will be
made for the entire cost of the improvement. After making search and inquiry, I am unable to find any
other persons, firms or corporation who have interest other than those listed. To my best knowledge,
the persons herein named are all the owners of properties affected by the petitioned improvement.
Dated:
•
CITY OF HUTCHINSON
q—#,
RESOLUTION NO. 10191
• RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF ENGINEERS REPORT
LETTING NO. 10
PROJECT NO. 94 -25
WHEREAS, a certain petition requesting the improvement of Orchard Avenue,
Sherwood Street and Bradford Street in Lots 1 thru 6 /Block 3, Lots 1 thru 5 /Block 4
and Lots 1 and 2 /Block 5 in Schmidtbauers 4th Addition by the construction of storm
sewer, sanitary sewer and services, watermain and services, grading, gravel base,
concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances,
was duly presented to the Council on the 12th day of April, 1994; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
HUTCHINSON, MINNESOTA;
1. Said petition is hereby declared to be signed by the required percentage of
owners of property affected thereby. This declaration is made in conformity to
Minnesota Statutes, Section 429.035.
• 2. The petition is hereby referred to the Director of Engineering and he is
instructed to report to the Council with all convenient speed advising the Council in a
preliminary way as to whether the proposed improvement is feasible and as to whether
it should best be made as proposed or in connection with some other improvement,
and the estimated cost of the improvement as recommended.
Adopted by the Council this 12th day of April, 1994.
City Administrator
•
Mayor
—
RESOLUTION NO. 10192
RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT
LETTING NO. 10
PROJECT NO. 94 -18
WHEREAS, pursuant to a resolution of the Council adopted April 12th, 1994 , a report
has been prepared by the Director of Engineering, with reference to the improvement of Orchard
Avenue, Sherwood Street and Bradford Street in Lots 1 thru 6 /Block 3, Lots 1 thru 5 /Block 4
and Lots 1 and 2 /Block 5 in Schmidtbauers 4th Addition by the construction of storm sewer,
sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and
gutter, bituminous base, bituminous surfacing and appurtenances, and said report was received
by the Council on April 12th, 1994.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HUTCHINSON, MINNESOTA:
1. The Council will consider the improvements of such streets in accordance with the
reports and the assessment of benefitted property for all or a portion of the cost of the
improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the
improvement of $200,000.00.
. 2. The Petition and Agreement of Assessment and Waiver of Hearing is hereby declared
to be signed by the required percentage of owners affected thereby. This declaration is made in
conformity to Minnesota Statutes, Section 429.035.
3. Public hearing on said improvement is hereby waived.
Adopted by the Hutchinson City Council this 12th day of April, 1994.
City Administrator
Mayor
•
0
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MN 55350
ENGINEER'S REPORT
DATE: April 12, 1994
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering
RE: Letting No. 10, Project No. 94 -25
I have studied the following areas and find that the proposed project is feasible and recommend
it be constructed.
Project No. 94 -25: Orchard Avenue, Sherwood Street and Bradford Street in Lots 1 thm
6 /Block 3, Lots 1 thru 5/Block 4 and Lots 1 and 2 /Block 5 in
Schmidtbauers 4th Addition by the construction of storm sewer, sanitary
sewer and services, watermain and services, grading, gravel base, concrete
curb and gutter, bituminous base, bituminous surfacing and appurtenances,
Construction Cost
Engineering/Administration (16 %)
Fiscal /Legal/Capitalized Interest (8 %)
ESTIMATED TOTAL ------------ - - - - --
Assessable Cost
Deferred Assessable Cost
City Bonded
City Other Funds
MSA
MNDOT
ESTIMATED TOTAL
JPR/PV
$ 161.000.00
$ 26.000.00
$ 13.000.00
$ 200.000.00
$ 140.000.00
$ 60.000.00
$ 200.000.00
9N
RESOLUTION NO. 10193
RESOLUTION ORDERING IMPROVEMENT
AND PREPARATION OF PLANS AND SPECIFICATIONS
LETTING NO. 10
PROJECT NO. 94 -25
WHEREAS, a resolution of the City Council adopted the 12th day of April, 1994, waived
Public Hearing on the improvement of Orchard Avenue, Sherwood Street and Bradford Street in
Lots 1 thru 6 /Block 3, Lots 1 thru 5 /Block 4 and Lots 1 and 2 /Block 5 in Schmidtbauers 4th
Addition by the construction of storm sewer, sanitary sewer and services, watermain and services,
grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing 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 12th
dayof April, 1994.
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 12th day of April, 1994.
City Administrator
•
Mayor
q—#,
RESOLUTION NO. 10194
• RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
LETTING NO. 10
PROJECT NO. 94- 18/94 - 19/94 -25
•
WHEREAS, the Director of Engineering has prepared plans and specifications for the
improvement of
Project No. 94 -18: Parkside 2nd Addition from McDonald Drive to Roberts Road by construction of
storm sewer, sanitary sewer, sewer services, watermain, water services grading,
gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and
appurtenances.
Project No. 94 -19: McDonald Drive from 140' West of Jackson Street to a point 750' West of
Jackson Street by construction of storm sewer, sanitary sewer, sewer services,
watermain, water services grading, gravel base, concrete curb and gutter,
bituminous base, bituminous surfacing and appurtenances.
Project No. 94 -25: Orchard Avenue, Bradford Street and Sherwood Street in Lots 1 thru 6/Block 3,
Lots 1 thru 5/Block 4 and Lots 1 and 2/Block 5 in Schmidtbauers 4th Addition -
Phase 3 by construction of storm sewer, sanitary sewer, sewer services, watermain,
water services, grading, gravel base, concrete curb and gutter, bituminous base,
bituminous surfacing 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 City Administrator 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 10:00 AM on Monday, May 9th, 1994, in the Council
Chambers of the City Hall by the City Administrator and Director of Engineering, will then be tabulated,
and will be considered by the Council on Tuesday, May 24th, 1994, in the Council Chambers of the City
Hall, 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 City Administrator and accompanied by cash deposit,
cashier's check, bid bond or certified check payable to the City of Hutchinson for 10 percent of the
amount of such bid.
Adopted by the Hutchinson City Council this 12th day of April, 1994.
City Administrator
Mayor
9- #1
• C
L J
0
M E M O R A N D U M
DATE: April 6, 1994
TO: MAYOR AND CITY COUNCIL
FROM: DOUG MEIER, MAINTENANCE OPERATIONS SUPERVISOR
SUBJECT: RECOMMENDATION CONCERNING THE PURCHASE OF A TRACTOR WITH
ATTACHMENTS FOR THE PARK DEPARTMENT
On February 16, 1994 letters were sent to the following equipment
distributors requesting quotes concerning the purchase of one (1) new
1994, John Deere tractor with attachments.: L & P Supply Company,
Tepley Equipment and Litchfield Implement. The results are as follows:
L & P Supply
1470 South Grade Road
Hutchinson, MN 55350
One (1) new 955 Tractor with attachments
Tepley Equipment
Highway 212
Glencoe, MN 55336
One (1) new 955 Tractor with attachments
Litchfield Implement
Armstrong and Highway 24
Litchfield, MN 55355
One (1) new 955 Tractor with attachments
Note: this bid was rejected due to incomplete
bid proposal
City Hall Parks &Recreation
37 Washington Avenue West 900 Harrington Street
(612) 587 -5151 (612) 587 -2975
$ 20,914.50
$ 22,113.25
bid rejected
Police Department
10 Franklin Street South
(612) 587 -2242
Hutchinson, Minnesota 55350 9' f
- Printed on recycled pager -
My recommendation is that L 6 P Supply be awarded the contract to supply
one (1) new 955 John Deere Tractor with attachments to the City of Hutchinson •
for a total bid price of $20,914.50 which was the lowest bid submitted. The
955 tractor will be replacing a 1979 John Deere tractor which will then be sold
at the City auction. The 950 John Deere tractor was budgeted for replacement
this year.
cc: John Rodeberg
Dolf Moon
C-1
0
ARNOLD & McDOWELL
ATTORNEYS AT LAS+
101 PARK PLACE
HL-TCHINsoN, MINNESOTA 55350-2563
(612) 587 -7575
FAX (612) 587 -4096
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
RESIDENT ATTORNEY"
G. BARRY ANDERSON
April 8, 1994
Re: Trespassing Issues
Our File No. 3188 -94255
Dear Gary:
OF COUNSEL
WILLIAM W. CAMERON
RAYMOND C. I.At LIFE
5881 CEDAR LASE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
MN TOLL FREE 800 -343 -4545
PAX(612)545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389-2214
FAX (612) 389 -5506
I am enclosing herewith a draft of the proposed ordinance, as well
• as related documents necessary to implement the trespassing program
for the City of Hutchinson. As you know, Gina Brandt, Chief
Madson, and members of the Hutchinson Police Department have put
together the framework of this program.
Essentially, the City of Hutchinson becomes an agent of the
property owner for the limited purpose of observing trespass
violations and issuing citations under our local ordinance for the
activity in question.
Violations are treated first by the use of a warning, than by
citation as a petty misdemeanor and lastly as a criminal violation
at the misdemeanor level.
I believe Chief Madson can speak with greater authority than myself
on the need for the program and specific choices that were made in
connection with the program. I would also note that Assistant City
Attorney Gina Brandt will be present at the City Council meeting
Tuesday evening to answer questions as well.
Thank you for your time and attention to these matters.
regards.
Very truly yours,
ARNOLD OWED
• ✓ i
G. B`a �r�And /son
GBA:lm
Enclosure,
CEBTIFIED AS A CIVIL TBIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MLNESOTA STATE BAR ASSOCIATION
Best
—A /1
DAVID H.ARNOLD
•
GARY D. MCDOWELL
N
STEVE A. ANDERSON
G.BARRY ANDERSON'
STEVEN S. HOGE
LAURA K. FRETLAND
DAVID A. BRUEGGEMANN
PAUL D. DOVE"
JOSEPH M. PAIEMENT
JAMES UTLEY
RICHARD G. MCGEE
CATHRYN D. REBER
GINA M. BRANDT
ARNOLD & McDOWELL
ATTORNEYS AT LAS+
101 PARK PLACE
HL-TCHINsoN, MINNESOTA 55350-2563
(612) 587 -7575
FAX (612) 587 -4096
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
RESIDENT ATTORNEY"
G. BARRY ANDERSON
April 8, 1994
Re: Trespassing Issues
Our File No. 3188 -94255
Dear Gary:
OF COUNSEL
WILLIAM W. CAMERON
RAYMOND C. I.At LIFE
5881 CEDAR LASE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
MN TOLL FREE 800 -343 -4545
PAX(612)545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389-2214
FAX (612) 389 -5506
I am enclosing herewith a draft of the proposed ordinance, as well
• as related documents necessary to implement the trespassing program
for the City of Hutchinson. As you know, Gina Brandt, Chief
Madson, and members of the Hutchinson Police Department have put
together the framework of this program.
Essentially, the City of Hutchinson becomes an agent of the
property owner for the limited purpose of observing trespass
violations and issuing citations under our local ordinance for the
activity in question.
Violations are treated first by the use of a warning, than by
citation as a petty misdemeanor and lastly as a criminal violation
at the misdemeanor level.
I believe Chief Madson can speak with greater authority than myself
on the need for the program and specific choices that were made in
connection with the program. I would also note that Assistant City
Attorney Gina Brandt will be present at the City Council meeting
Tuesday evening to answer questions as well.
Thank you for your time and attention to these matters.
regards.
Very truly yours,
ARNOLD OWED
• ✓ i
G. B`a �r�And /son
GBA:lm
Enclosure,
CEBTIFIED AS A CIVIL TBIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MLNESOTA STATE BAR ASSOCIATION
Best
—A /1
NO TRESPASSING SIGNS
0
A building owner can authorize the Hutchinson Police Department to enforce
the trespassing ordinance (see ordinance below) in their building. To have
the ordinance enforced, the owner must:
• Sign an affidavit
• Post the official "No Trespassing" signs
To receive an affidavit and the official "No Trespassing" sign, contact Steve
Madson, Chief of Police. Affidavits must be notarized unless signed in the
presence of the police officer. If an owner has more than one building, a
E rate affidavit for each building must be completed. The property owner
c_ <- ::ietes the affidavit and returns it to the Hutchinson Police Department.
After receiving the notarized affidavit from the owner, the Hutchinson Police
Department will provide by personal service two "No Trespassing" signs at no
cost.
The owner posts the signs where they are easily visible to both trespassers
and police. If the sign is not visible, police cannot enforce the ordinance.
The Hutchinson Police will enforce no trespassing only in buildings which are
posted with the HPD authorized "No Trespassing" sign.
If additional signs are necessary, the owner may request an authorization
from the police department to purchase these signs at owner's expense from
supplier. •
Officers who enforce the trespassing ordinance will:
* Ask suspects what they are doing there
* Point out the "No Trespassing" sign to the individual
* Determine if suspect has reason to be on the property
TD suspect and issue warning
ell suspect to leave, if suspect
* Arrest suspect, if suspect refuses
one year.
The police can only arrest
They cannot arrest people
who cannot be arrested for
However, questioning by
suspicious may discourage
their guests.
has no reason to be on property
to leave or unlawfully returns within
suspects in an area where the sign is conspicuous.
who have just reason to be at the property. People
trespassing include renters and guests of renters.
officers and identifying individuals who are
activity, even if being conducted by residents and
IK
•
10.45 Subd. 9. Trespassing upon the land of another.
• a. No person shall intentionally trespass on the land of another
and, without claim of right, refuse to depart therefrom on
demand of the lawful possessor thereof or his agent. A demand
to depart may be made as follows:
(1) Orally, or in writing, by the lawful possessor or the
possessor's agent; or,
(2) By conspicuously posting at reasonable intervals signs
which prohibit trespass on the affected land; or
(3) By conspicuously posting at reasonable intervals signs
which prohibit trespass on the affected land during certain
hours.
b. No person who has received a written demand to depart pursuant
to clause (1) of paragraph (a) of this section shall reenter the
lawful possessors land without the written permission of the
lawful possessor or the agent providing said demand for a period
of up to one (1) year from the date of the written demand, as
provided therein.
C. A second offense of this section within one (1) year from the
date of first offense will be a misdemeanor.
A building owner can authorize the Hutchinson Police Department to enforce
• the trespassing ordinance by signing an affidavit to the effect.
It shall be noted on this date , you were advised of the
above ordinance. month /date /year
If you return to the premise in the next year, the Hutchinson Police are
authorized by the owner of this property to enforce this ordinance.
Address of place you were trespassing
Name and Driver's License # of Party Trespassing
Date of Birth
Name of Person Advising
Police Case Number
Signature of Person Receiving Warning
• This form has (3) copies which will be provided to: (1) Offender, (2)
Police Department, and (3) Juvenile's Parents (If Offender is under the age
of 21).
* WARNING IS VALID FOR ONE YEAR �j //
AFFIDAVIT •
Name of Business
Property Address
Owner /Representative
Subpoena Address, Street City Zip Code Phone
Hutchinson police officers are authorized representatives to
enforce Minnesota statute 609.605, Subd. 1(b)(3) and Hutchinson
city ordinance Section 10.45, Subd. 9, Trespass, and to warn and
direct persons to leave the property and /or business known as
located at
Description of property or building
Address Hutchinson, MN.
This limited authority is granted to the Hutchinson Police
Department by
who is the of said property and /or business
Title
and who herein requests the officers to enforce said statute on
said property, including the parking lots. This limited authority
does not obligate the Hutchinson Police Department to patrol the
described premises for or at any specific hours or days or to
provide any general security services.
It is acknowledged that I will aid in the prosecution of those
persons arrested.
Sworn and subscribed before me
This day of
Owner /Representative
19
Notary Public at Large, State of Minnesota
My Commission Expires:
•
CI
CITY OF HUTCHINSON TRESPASSING ORDINANCE
10.45 Subd. 9. Trespassing upon the land of another.
• a. No person shall intentionally trespass on the land of another and,
without claim of right, refuse to depart therefrom on demand of the
lawful possessor thereof or his agent. A demand to depart may be
made as follows:
u
•
(1)
Orally, or in writing,
by the lawful possessor or the
possessor's agent; or,
(2)
By conspicuously posting
at reasonable
intervals signs which
prohibit trespass on the
affected land;
or
(3)
By conspicuously posting
at reasonable
intervals signs which
prohibit trespass on the
affected land
during certain hours.
b. No person who has received a written demand to depart pursuant to
clause (1) of paragraph (a) of this section shall reenter the
lawful possessors land without the written permission of the lawful
possessor or the agent providing said demand for a period of up to
one (1) year from the date of the written demand, as provided
therein.
C. A second offense of this section within one (1) year from the date
of first offense will be a misdemeanor.
N
• Lj i
Action Al-e-rt
2°�-i2'32
TO: Mayors, Managers /Administrators /Clerks r� `,ylp j J9 v1
FROM: League of Minnesota Cities President
and Mayor of St. Cloud, Chuck Winkelman
DATE: March 30, 1994
RE: CITY UNITY DAY RESOLUTION AND RALLY
Thursday, April 21 will be Minnesota Cities Unity Day.
To celebrate this event, I would like you to do three things:
• • Pass the enclosed resolution at your next council meeting and send copies to your
Legislators and the Governor;
•
• Send the enclosed news release to your local paper; (be sure to fill in the blanks
with your city's name and your mayor's name) and;
• Encourage one or two people from your city to attend the Cities Unity Day Rally at
the State Capitol on April 21st (see enclosed registration) CITY GOVERNMENT
MAY ONCE AGAIN BE DEALT WITH UNFAIRLY IN THE TAX BILL UNLESS
YOU COME.
We must make sure the Governor and Legislature are hearing our message: cities are not a
"special interest" lobbying on their own behalf at the Legislature; cities are aapartner in the
government of Minnesota, providing city services to the over three million people who live
in cities as well as those who come to our cities to work, for entertainment, or receive an
education. Almost every person in Minnesota uses city services on a daily basis.
/o- 74
0
CITY UNITY DAY RESOLUTION
WHEREAS, the City of
Minnesota Cities; and
is a member of the League of
WHEREAS, Thursday, April 21 1994 is Minnesota Cities Unity Day;
WHEREAS, cities working together have established the League of Minnesota Cities action
agenda for the 1994 session of the legislative; and
WHEREAS, in the closing days of the 1994 session many of these issues remain unresolved;
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF
that:
1. The Legislature and Governor restore the shortfall in the Local Government Trust •
Fund which they created so that there will be no cuts in government aid (LGA) and
homestead agricultural aid credit (HACA) in 1994, and provide reliable additional
funding for LGA and HACA in future years to preserve the fiscal stability of cities;
2. Preserve and improve the ability of cities to expand their boundaries in order to
provide city services to all who need them;
3. Remove the aid penalties in manufacturing and redevelopment districts so that
cities will not be penalized for improving their local economies.
4. Increase funding for roads and transit;
5. Establish a new program to clean up landfills and adequately fund pollution clean
up grants and;
6. Support the other legislative initiatives of the League of Minnesota Cities.
(Note: Send copies of this resolution to your Legislators and the Governor).
n
LJ
n. a. 1.1
,2.94 16:09
r
•
NEw YORK
wASNINOTON, D. C.
DENVER
ORANGE COUN'T'Y, CA
LONDON
"mas EELS
r.P a10 o.n 00 +. nnDerP uv T' 111 -
FAX 612 940 2644 DORSET' WHITNEY
Mr. Kenneth Merrill
Finance Director
City of Hutchinson
111 Hassan Street South
Hutchinson, MN 55350
DOHSEY & WHITNEY'
e P�wr�aa�m: Lcwsoa Aonwmws Govwafe�.
PILLSBURY CENTER SOME
220 SOUTH SIRIB STREET
TQINI:EAPOLIS, 14INNESOTA 5540$ -1498
(612) 340 -8600
FAX (91S) 340-2069
JZRONZ P. GILL WAN
N
(624 9402gsa
April 12, 1994
Re: Proposed Amendment of Installment Purchase Contract
• dated as of May 15, 1990, between the City of Hutchinson
and Norwest Investment Services, Inc.
Dear Ken:
f nn,
1� 002
B,oCRESTEB, MN
BILLINOS
08EAT 7ALLS
MISSOTJLA
DES MOINES
FARGO
The City of Hutchinson has entered into an installment Purchase
Contract dated May 15, 1990 (the "Contract"), with Norwest Investment Services,
Inc. ( "NISI"), to finance the purchase of items of equipment for Hutchinson.
Community Hospital. The Contract is payable in quarterly installments of principal
and interest, with the final payment due May 15, 1998. The interest payable on the
Contract is exempt from federal income taxation. The interest rate on the Contract
is 7.00 %, which is higher than the present market rate for this type of obligation.
The City has the option to prepay the Contract on any quarterly installment
payment date without premium or penalty. i
Recognizing that the interest rate on the Contract is higher than the
current market rate and that the Contract is prepayable at the option of the City, the
City has approached NLSI about amending the Contract to reduce the interest rate on
the Contract in lieu of the City refinancing and prepaying the Contract. I understand
that NISI has made a proposal to the City to reduce the interest rate on the Contract
and that you intend to present this proposal to the City Council for consideration at
its meeting tonight. The reduction of the interest rate on the Contract would be
• accomplished by an amendment to the Contract setting out the reduced interest rate
and reduced quarterly payments necessary to amortize the Contract over its
remaining term at such lower interest rate. I have been furnished a form of such an
-1- /Q _/},
-94 16:10 F..kX 612 930 2844 DORSET. WHITNEY
DoRsEY & WSZTNET
Page -2-
Mr. Kenneth Merrill
April 12, 1994
amendment used by NISI to reduce the interest rate on a similar installment
purchase contract.
I do not see any problems with the City proceeding to lower the interest
rate on the Contract through the amendment proposed by NISI. While an
amendment of the interest rate on the Contract will be deemed to be a "reissuance"
of the indebtedness for federal income tax purposes, it will not count against the
City's $10 million annual bank qualified bond limitation pursuant to an exception
that provides that current refundings do not count against the $10 million
limitation.
If you have any questions concerning this matter, please give me a call.
JPG:cmn
cc G. Barry Anderson
Steve Apfelbacher
-2-
Yours tr
Prom P.
mayI
Gilligan
009
•
•
APR 12 '94 03 :39PM EHLERS & ASSOCIATES
Ehlers and Associates, Inc.
LEADERS IN PUBLIC FINANCE
April 12, 1994
Mr. Ken Merrill
Finance Director
City of Hutchinson
111 Hassan Street
Hutchinson, MN 55350 -2439
Mr. Ed Tusa
Chief Financial Officer
Hutchinson Community Hospital
1095 Highway 15 South
Hutchinson, MN 55350
P. 2/6
Re_ Hutchinson Community Hospital; Refinancing the Hospital's $2,000,000 Equipment Lease
Dear Ken and Ed;
We have reviewed refinancing his lease issue with Norwest. The Issue can only be
refinanced on a payment date. The next payment date Is May 15, 1994. Norwest Is willing to
do an addendum to the lease changing the interest rate and amortizing the outstanding
principal of $1,137,904.78 over the same term. The existing payment is $82,156.24 per
quarter.
Attached are the two refinancing options I received from them. Exhibit No. 1 refinances this
issue at 4.50% with $17,068.57 In upfront expenses paid to Norwest. Exhibit No. 2 refinances
this issue at 5.23% with no upfront expenses paid to Norwest.
Exhibit No. 1 Exhibit No. 2
• Total P & I due on Original Lease
5/15/94 - 5115/98 $1,314,499.84 $1,314,499.84
Less: Total P & I due on Refinancing
5/15/94 - 5/15/98 - 1,249,758.56 - 1,268,424.64
Less Norwest Refinancing Issuance Costs - 17.068 -57 .00
Future Interest Savings $47,672.71 $46,075.20
I recommend you consider Exhibit No. 2 with no issuance costs paid to Norwest. This is a
present value savings of $41,182 or 3.62% of outstanding principal. The City also retains the
option of refinancing on any interest payment date In the future.
The only additional expense the City will incur will be a fee of up to $500 for Bond Counsel to
review these materials. Jerry Gilligan, the City's Bond Attorney, has reviewed this proposed
amendment and believes It Is In order if the City wishes to proceed.
Very truly yours,
EHL S AND ASSOCIATES, INC.
teven 1=. Apfelba er
• President
SFA:nad
Encl. OFFICES IN MINNEAPOLIS, MN AND BROOKFIELD, WI
HUTCH50 2950 Norwest Center. 90 South Seventh Street. Minneapolis. MN 55402 -4100
Telephone 612- 339 -5291 . FAX 612- 339 -0854
APR 12 '94 03:39PM EHLERS & ASSOCIATES
Refinance City of Hutchinson, MN
P. 3"6
Costa Funded Payment Rate
$1,137,904.78 4.500%
16 Payments
it per year
Level Payment
$78,109.91
Fetr= .068644
Closing Fees
[$0.001
Average Life
2.19 years
26.25 months
Payment Data
1st: 8115194
2nd: 11/15/94
Commencement: May 15 1994
Closing Date: May 15 1994
Payment
Number
Total Payment
Due
Interest
Payment Due
Principal
Pa yment Due
After Payment
Termination
Value
Payment Due
Date
May 15, 1994
1
$78,109.91
$12,901.43
$65,308.48
$1,072,596.30
Aug 15, 1994
2
$78,109.91
$12,066.71
$66,043.20
$1,006,553.10
Nov 15, 1994
3
$78,109.91
$11,323.72
$66,786.19
$939,766.91
Feb 15,1995
4
$78,109.91
$10,572.38
$67,537.53
$872,229.38
May 15, 199S
5
$78, 109.91
$9,812.58
$68,297,33
$803,932.05
Aug 1S, 1995
6
$78,109.91
$9,094.24
$69,065.67
$734,866.38
Nov 15, 1995
7
$78, 109.91
$8,267.25
$69,842.66
$665,023.71
Feb 15, 1996
8
S78,109.91
$7,48I.52
$70,628.39
5594,395.32
May 15,19%
9
$78,109.91
$6,686.95
$71,422,96
$522,972.36
Aug 15, 1996
10
$78,109.91
$5,883.44
$72,226.47
$450,745.89
Nov 15, 1996
1I
$78,109.91
$3,070.89
$73,039.02
$377,706.87
Feb 15,1997
12
$78,109.91
$4,249.20
$73,860.71
$303,846.16
May 15,1997
13
$78,109.91
$3,418.27
$74,691.64
5229,154.52
Aug 15, 1997
14
$78,109.91
$2,577.99
$75,531.92
$153,622.60
Nov IS, 1997
15
$78,109.91
$1,728.25
$76,381.66
$77,240.95
Feb 15, 1998
16
578 109.91
$868.96
$77,2410.95
$1.00
Ma I5 1998
�1
��02WeS}
-4-
` t
V
C:1A1INNIFIUTC M.XLS 4112/94 9:3I AM Pam Lang
E
•
0
u
•
•
APR 12 '94 03 :S9PM EHLERS & ASSOCIATES
l �
Refinance City of Hutchinson, MN
P. 4'b
Glttic54?,1S V& k, 6.l'2.
A<*"m EAR Exhibit A
Costs Funded Payment Rate
$1,137,904.78 5.210%
16 Payments
4 per year
Level Payment
$79,279.54
Fctr= .06 9672
Closing Foes
ISO-001
Average Life
2.2 years
26.37 months
Payment Dates
1st: 8/15194
2nd: 11/15/94
Commencement: May 15 1994
Closing Date: May 15 1994
Payment
Number
Total Payment
Due
Interest
Payment Due
Principal
Payment D ue
After payment
Termination
Value
Payment Due
bate
May 15, 1994
1
$79,279.54
$14,878.10
$64,401.44
$1,088,657.59
Aug 15,1994
2
S79,279.54
$14,036.06
$65,243.49
$1,021,625.44
Nov 15, 1994
3
$79,279.54
$13,183.00
566,06.55
$953,839.18
Feb 15,199S
4
$79,279.54
$12,318.79
$66, 960.76
$885,290.33
May 15, 1995
5
$79,279.54
511,443.27
$67,836.27
$815,970.30
Aug 15, 1995
6
$79,279.54
$10,556.31
$68,723.23
5745,870.43
Nov 15,1995
7
$79,279.54
$9,657.76
$69,621.79
$674,981.92
Feb 15, 1996
8
$79, 279.54
$9,747.45
$70,532.09
5603,295.93
May 15, 1996
9
$79, 279.54
$7,82S.25
$71,454.30
$530,803.46
Aug 15, 1996
10
$79,279.54
56,890.98
$72,388.56
$457,495.46
96
11
$79,279.54
$5,944.50
$73,335.04
5383,362.74
97
12
$79, 279.54
54,985.64
$74,293.90
$308,3 %.02
97
13
$79, 279.54
$4,014.25
$75,265.29
$232,585.93
97
JIS.
14
$79,279.54
$3,030.16
$76,249.39
$155,922.98
97
15
$79,279.54
$2,033.20
$77,246.35
$78,397.57
8
16
S79 279.54
$1 023.20
$78,256.34
$1.00
98
C:1M1NN9`IUTCHIN.XLS
—5—
4/12/94 11 :17 AM Pam Lang
APR 12 '94 03:29PM EMLEPS a ASSOCIATES
RPR 12 '94 13:56 NISI +
FIRST AMENDMENT TO INSTALLMENT PURCHASE CONTRACT
P.5 /6
P. 2/3
THIS FIRST AMENDMENT is made u of the 12th day of April, 1994, to be effective as of May 15,
1994, (the "Effective Date "), and is by and between Norwest Investment Services, Inc. (the "Lender")
and the City of Hutchinson, MN (the "Borrower").
REFERENCE IS HEREBY MADE to that certain First Amendment to Installment Purchase Contract
dated as of May 15, 1990 (the "Contract ") made between the Lender and the Borrower. All
capitalized terms not defined in this First Amendment shall have the meanings ascribed to them in the
Contract.
WHEREAS. pursuant to the contract, the Borrower is required to make quarterly payments to the
Lender on February 15, May 15, August 15 and November 15th of each year, through and including
May 15, 1998; and
WHEREAS, the Borrower has requeated to the Lender to reduce the interest rate on the Contract and
the Lender is willing to do so, subject to the provisions of this First Amendment;
NOW THEREFORE, in consideration of the premises and for other valuable consideration received, it
is agreed as follows:
1. As of the Effective Date of this First Amendment, the Borrower agrees to "refinance" the amount
of $1,137,904.78, representing the outstanding principal of the Installment Purchase Contract,
over the same period of time as remains on the Contract.
2. The rerwMag 16 quarterly payments shall commence August 15, 1994, and will each be in the
amount of $79,279.54, with the applicable interest rate being reduced from 7.00% per annum to
5.23% per annum, per attached Exhibit A, which supersedes the Payment Schedule incorporated in
the Installment Purchase Contract.
3. Except as previously modified by this First Amendment, the Contract remains unchanged and in
full force and effect.
In witness whereof, the Lender and Borr ower have executed this First Amendment as of the date first
written above.
NORWEST INVESTMENT SERVICES, INC.
By
Its First Vice President
PMW.mM
-6-
CITY OF HUTCHINSON, MN
By
Its Mayor
and by •
Its City Administrator
OPEN -HOLD COUNCIL REPORT Tue Apr 12 1994 09:35:08
Page 1
• 1980 TIDS
IND.SCHOOL DIST. #423 TAX INCREMENT ADJ $14,026.00
LINDER BUS COMPANY DEFERRED LOAN $42,667.00
$56,693.00
1986 IMPRO.BDS
AM.NATIONAL BANK
1988 IMPROV. BDS
AM.NATIONAL BANK
1990 TIDS
AM.NATIONAL BANK
1991 IMPROV. BDS
MATTSFIELD, MABEL
1993 IMPRO.CON B
WM MUELLER & SONS
AIRPORT RENOVAT.
MCLEOD COOP POWER
BURNS MANOR DS
AM.NATIONAL BANK
BURNS MANOR
CENTRAL GARAGE
CARQUEST AUTO PARTS
CITY OF HUTCHINSON
COAST TO COAST
CROW RIVER AUTO
FORTIS BENEFITS
G & K SERVICES
HUTCH IRON & METAL
HUTCHINSON WHOLESALE
MACQUEEN EQUIP INC
MN.MUTUAL LIFE
PRINCIPAL
PAYING AGENT FEES
$116,362.50
$116,362.50
$299.27
$299.27
MATURED BONDS $148,206.25
$148,206.25
ASSESSMENT REFUND $119.04
$119.04
PROJ 93 -06 EST 47 $1,796.23
$1,796.23
TESTING TRAILER $11.56
$11.56
INTEREST
TRANSFER
DRILL, FILTERS, ETC
APRIL MEDICAL
SUPPLIES
REPAIR
APRIL LTD
SHOP TOWELS
BUSHING
SUPPLIES
DBLE WRAP ELGIN, BROOM
APRIL LIFE
$77,943.75
$86,099.59
$164,043.34
$281.15
$432.09
$137.88
$145.06
$15.23
$56.45
$8.79
$222.20
$914.84
$6.09
/r
OPEN -HOLD COUNCIL REPORT Tue Apr 12 1994
09:35:08
Page 2
------------------------------------------------ ----------------------
•POSTAGE BY PHONE MARCH POSTAGE $8.12
SAFETY KLEEN MACHINE SERVICE $134.19
STANDARD PRINTING TABS, LEAD, PENS $13.89
STATE OF MINNESOTA DECALS $8.00
TOWN & COUNTRY GLASS INSTALLATION $172.45
$2,556.43
CITY HALL CONST.
BREITBACH CONST CO. APPL #8 $58,181.30
GENERAL OFFICE PRODUCTS CO CENTER DRAWER $46.43
$58,227.73
ENERGY LOAN FD
ABBY COMPANY & PAYMENT #10 $14,013.37
CHERYL LABOT & LOAN PAYMENT #2 $14,465.00
KENNETH ANDERSON & PAYMENT #6 $1,118.25
$29,596.62
q Nim1:7all1 oklo b7
A & B ELECTRIC
BREAKER KICKS OUT
$761.98
ALLEN OFFICE PROD
INDEX, EX FILM, MARKER
$31.68
ALLIED MECH.SYSTEMS
PIPE, TEE, ELS
$62.14
& MCDOWELL
MARCH COMPENSATION
$4,164.00
•ARNOLD
AUTOMATION SUPPLY CO
3 CARTRIDGES
$72.65
BAHR, SUE
ICE SHOW PROPS
$33.09
BARGEN INC
ROUTER BITS & PINS
$905.46
BECKER ARENA PRODUCTS
FACING
$172.82
BENNETT OFFICE SUP.
PHONE RESTS RETURNED
$927.91
BERNHAGEN ELECTRIC
EXIT LIGHT SERVICE
$155.00
BREMIX CONCRETE CO
CAPS, TEES
$138.32
BRYAN ROCK PRODUCTS
RED BALL AGGREGATE
$3,518.04
BUYTAERT, PATTY
SKATING COSTUMES
$150.00
CARQUEST AUTO PARTS
BATTERY
$40.80
CARR FLOWERS
PLANT- SCHWARTZ
$88.35
CENTURY LABS
WEED KILLER
$882.19
CHAMBER OF COMMERCE
POSTAGE
$14.26
CITY OF HUTCHINSON
APRIL DENTAL
$29,513.70
COAST TO COAST
SUPPLIES
$503.51
COMM TRANSPORTATION
HANGAR PAYMENT
$700.00
COMPRESS AIR
BREATHING AIR SYSTEM
$11,383.79
CONSOLIDATED CONTAINER CORP
FOUNDRY DRUMS
$120.35
COUNTRY KITCHEN
FEE MEAL
$5.27
COUNTY RECORDER
MARCH FILING FEES
$117.00
CULLIGAN WATER COND
6 BAGS SALT
$75.50
DAAK REFRIGERATION
SERVICE UNIT
$38.00
DEPT NATURAL RESOURCES
DNR TITLE FEES
$1,028.00
DULUTH POLICE DEPT TRAINING
2 REGISTRATIONS
$100.00
EARL ANDERSON ASSOC
PARK RULES
$357.82
•ELECTRO WATCHMAN
ANNUAL CHARGE
$166.14
ERLANDSON, DAVID
CONFERENCE LUNCH
$37.25
FAMILY REXALL DRUG
RIBBON
$61.62
OPEN -HOLD COUNCIL REPORT Tue
Apr 12 1994 09:35:08
Page 3
-----------------------------------------------------------------------------
& HOME DIST. CO
CLAMP, ETC
$153.83
.FARM
FESTIVAL FOODS
SUPPLIES
$78.47
FITZLOFF HARDWARE
FILTERS
$284.30
FLOOR CARE SUPPLY
WHITE ROLL, CLEANERS
$1,063.27
FORTIS BENEFITS
APRIL LTD
$1,140.92
G & K SERVICES
UNIFORMS
$772.00
GALLES, LORI
DEPOSIT REFUND
$25.00
GEMPLER'S INC
PADS, EAR MUFFS, ETC
$54.75
GLENCOE FIRE DEPT
AIR VAN GAS
$12.45
GLENCOE UNIFORMS
TIE
$877.97
GOPHER SPORT
LINE MARKER
$188.81
GOV FINANCE OFFICERS ASSC
BASIC MEMBERSHIP
$105.00
GREAT PLAINS SUPPLY
DOOR SPRINGS
$180.40
GUARDIAN PEST CTL
PEST CONTROL
$21.57
GUTHERY, TOM
ALTERATIONS
$100.00
H.W.B.A.
24 GERANIUMS
$48.00
HAMMOND- JOHNSON, MICHELLE
CERTIFIED MAIL
$2.52
HCI CONNECTING POINT
HP LASERJET 4
$1,677.38
HCVN- CH. #10
CABLE FRANCHISE
$750.00
HEIMAN FIRE EQUIPMENT
GRILL LIGHTS
$210.61
HOME BAKERY INC
1 DOZ ROLLS
$3.60
HUHN, LARRY
1993 TRAVEL EXPENSES
$594.18
HUTCH CAFE
DINNERS
$57.40
HUTCH COMM HOSPITAL
LAUNDRY
$63.30
HUTCH CONVENTION &
FEB LODGING TAX
$1,355.69
HUTCH COOP CENNEX
MARCH FUEL
$2,773.39
•HUTCH
FIRE & SAFETY
INSPECTIONS
$32.50
HUTCH IRON & METAL
20' ROUND
$63.21
HUTCH PLBG & HTG CO
SPRAY VALVE W /BRUSH
$80.09
HUTCH PUBLIC SCHOOLS
GYM RENT
$21.20
HUTCHINSON LEADER
ORD & ADS
$1,136.00
HUTCHINSON TEL CO
PHONE SERVICE
$4,345.55
HUTCHINSON UTILITIES
GAS & ELEC
$6,355.93
HUTCHINSON WHOLESALE
FITTINGS
$43.59
INK SPOTS
GREEN PAPER
$3.44
ISIA
BADGES
$228.00
JACK'S UNIFORMS & EQUIPMENT
STRINGER HOLDERS
$48.00
JUUL CONTRACTING CO
MARKING PAINT
$1,440.01
K MART
FOOTWEAR FOR JUVENILES
$60.74
KALENBERG, SCOTT
12 HOURS CONCESSIONS
$51.00
LAMPLIGHTER II
MARCH LUNCHEON
$66.25
LANGAN, MELISSA
6 HOURS YOUTH DANCE
$30.00
LAW ENFORCE EQUIP
DECALS
$31.42
LEAGUE OF MN CITIES
CLAIM - ENGELMANN
$2,376.11
LETN
APRIL SERVICE
$288.00
LOGIS
MARCH CHARGES
$9,858.56
M.C.M.T. INC
MONTHLY FEE
$21.85
MACON SYSTEMS INC
ADV DB MASTER UPGRADE
$458.00
MADSON, STEVEN
CONFERENCE EXPENSES
$391.45
MANKATO MOBILE RADIO
BATTERY
$134.51
MARK I OF NORTH AMERICA
DAILY CALENDAR
$47.90
JAMES
LUNCH EXPENSE
$36.28
•MARKA,
MATHWIG, JASON
12 HOURS CONCESSIONS
$51.00
MCGARVEY COFFEE INC
COFFEE
$57.90
OPEN -HOLD COUNCIL REPORT Tue Apr 12 1994 09:35:08
Page 4
KAREN
OFFICE SUPPLIES
$21.28
•MCKAY,
MCLEOD COOP POWER
ELECTRICITY
$1,212.52
MCRAITH, JOHN
SOFTWARE
$119.14
MN DEPT OF REVENUE
MARCH SALES TAX
$619.00
MN.ELEVATOR INC
ELEVATOR SERVICE
$61.00
MN.MUTUAL LIFE
APRIL LIFE
$471.87
MOON, DOLF
MEETING EXPENSES
$13.43
MUN LIQUOR STORE
POP & MISC
$27.48
NATL ASSC FOR BANK SECURITY
2 VIDEO TAPES
$149.95
NATL BUSINESS FURNITURE INC
TYPE STAND
$78.95
NICKLASSON ATHLETIC CO
4 SETS BASES, PITCHING
$771.80
NO STATES SUPPLY INC
SAW WHEEL, COFF STEEL
$121.17
NORTH MEMORIAL MEDICAL CENTER
TRG EMERGENCY COMMUNIC
$316.00
OFFICE PRODUCTS
TONER CARTRIDGE
$302.15
OLSONS LOCKSMITH
REPAIR LOCKS
$65.00
PADGETT- THOMPSON
2 REG- GRINA, NISKA
$290.00
PETERSEN, TROY
6 HOURS AT YOUTH DANCE
$30.00
PIONEER
PIT STOP
$108.00
PITNEY BOWES INC
METER RENTAL
$250.25
PLOTZ, GARY D.
COMPOST MEETING
$25.34
PLOWMANS
SERVICE TOW
$26.63
PLUMBING & HTG DOCTOR
F.D. CAPS
$68.69
POPP ELECTRICAL INC
SERVICE CALL
$239.02
POSTAGE BY PHONE
MARCH POSTAGE
$963.38
QUADE ELECTRIC
ELEC PARTS
$97.56
QUADES SPORT SHOP
WHITE TAPE
$25.20
•RICHARD LENNES
MARCH COMPENSATION
$2,000.00
SCHMELING OIL CO
KEROSENE
$1,678.09
SCHNOBRICH, MARK
WORKSHOP EXPENSES
$109.04
SEWING BASKET
ALTERATIONS
$23.97
SHOPKO
WASHER, TISSUE
$89.24
SIMPLEX TIME RECORDER CO
FIRE ALARM SYSTEM
$994.37
SMITH, LES
SR. TOUR REFUND
$44.00
SORENSEN FARM SUPPLY
CONVEYOR RENT
$88.40
STAFFORD, TOM
INSTALLED SNAP PRINTIN
$97.50
STANDARD PRINTING
NAME BADGES, POCKET, P
$805.31
STAR CABLEVISION
APRIL SERVIE
$4.08
STAR GYMNASTICS SUPPLY
VAULTING BOARD
$210.00
STARKE, RANDY
6 HOURS YOUTH DA14CE
$30.00
STATE OF MINNESOTA
1994 TEL DIRECTORY
$16.79
STATE TREASURER
1ST QTR SURCHARGE
$473.07
STREICHERS
STEEL BATON, SCABBARD
$856.19
SWANSON, MARILYN
VIDEO TAPES
$10.62
TIANNA FARMS
2 SUITE
$234.30
TORGERSON, MARLIN
MEETING EXPENSES
$139.98
TREADWAY GRAPHICS
STICKERS, BALLOONS
$63.04
TRI CO WATER COND
7 BAGS SALT
$34.29
TURF SUPPLY COMPANY
TURF MIX
$2,758.10
UNITED BLDG CENTERS
PLYWOOD
$99.57
URBAN COMMUNICATIONS
SPOTS & LAMPS FOR SHOW
$1,416.04
US WEST COMMUN
APRIL CHARGES
$207.21
-VEND VENDING INC
SIC, DOR
$25.56
.VERSA
VICTORIAN INN
2 ROOMS FOR SKATING PR
$288.54
VIKING COCA COLA
POP RETURNED
$245.50
OPEN -HOLD COUNCIL REPORT Tue Apr 12 1994 09:35:08
Page 5
--------------------------- - - - - -- - ------ - - - - -- - - - - - - - - --
VIKING SIGNS PARK SIGN $100.00
W. M. MONTGOMERY RADIOI PROJECT SERVICE $3,222.00
. WAL -MART CLOCKS, BATTERIES $52.20
WIGEN CHEVROLET CO REPAIR FUEL PUMP $289.08
WILLIAMS STEEL & HARDWARE 24' TUBE, 20' FLAT $357.99
WOLFGRAM /TRITT & ASSC APPL FEE $75.00
XEROX CORP #60 CONTRACT PAYMENT $329.80
$120,623.62
`_' 1N,t� .
AMERICAN HEART ASSC SHAPE UP MATERIAL $11.25
GOOD WILL SPECIALTY CO T SHIRTS $108.90
$120.15
LIBRARY FUND DS
AM.NATIONAL BANK INTEREST $64,943.75
$64,943.75
REC /POOL DS
AM.NATIONAL BANK PAYING AGENT FEES $25.00
$25.00
RURAL F. D.
MARCH RECYCLING
$22,212.27
ABM EQUIPMENT
JIM
RURAL
MILEAGE
$12.00
•BRODD,
COAST TO COAST
SUPPLIES
$1.81
DOBRATZ, JEFF
RURAL
MILEAGE
$2.25
EMANS, BRAD
RURAL
MILEAGE
$23.75
GLAESER, TOM
RURAL
MILEAGE
$3.00
HOMAN, ED
RURAL
MILEAGE
$10.75
HUTCH COOP CENNEX
MARCH
FUEL
$43.21
HUTCH IRON & METAL
IRON
$5.33
PRECHT, BRUCE
RURAL
MILEAGE
$19.25
REDMAN, RANDY
RURAL
MILEAGE
$4.00
REYNOLDS, JOHN
RURAL
MILEAGE
$9.75
SCHRAMM, STEVE
RURAL
MILEAGE
$14.50
STEELE, DAN
RURAL
MILEAGE
$4.00
$153.60
WATER /SEWER FUND
AAGARD WEST
MARCH RECYCLING
$22,212.27
ABM EQUIPMENT
NOZZLE
$126.65
BARNSTEAD THERMOLYNE
MEMBRANE CLEANER
$75.42
BENNETT OFFICE SUP.
SHARP CALCULATOR
$369.28
C.S.W.E.F.
REG- R.DEVRIES
$105.00
CITY OF HUTCHINSON
APRIL DENTAL
$3,834.62
COAST TO COAST
SHIPPING
$430.81
D.P.C.IND.INC
CHLORINE
$409.53
DATASTREAM SYSTEMS
ELECTRIC MOTOR CO
SUPPORT RENEWAL
BEARINGS, CLEAN MOTOR
$595.00
$118.25
OPEN -HOLD COUNCIL REPORT Tue
Apr 12 1994 09:35:08
Page 6
-------------------------
FAMILY REXALL DRUG
--- ------- - - - - --
KLEENEX, LIQUID PAPER
-- - - - - --
$5.71
FARM & HOME DIST. CO
DRILL
$73.48
FEED RITE CONTROLS
FERROUS CHLORIDE
$1,046.76
FESTIVAL FOODS
SUPPLIES
$7.97
FISHER SCIENTIFIC
THERMOCOUPLE
$49.11
FLOOR CARE SUPPLY
FLOOR FINISH
$21.17
FORTIS BENEFITS
APRIL LTD
$174.52
G & K SERVICES
UNIFORMS
$308.81
GRAHAM, MARION
CONFERENCE EXPENSES
$57.49
GRAPHIC CONTROLS
MARKING PRODUCT
$46.60
HACH COMPANY
DPD COMPOUND, CHLORINE
$56.02
HARRIS MECHANICAL
MARCH MTCE
$1,025.00
HCI CONNECTING POINT
AV LASER LBL
$71.31
HENRY & ASSOCIATES
STAINLESS CLAMP
$84.31
HUTCH COOP CENNEX
MARCH FUEL
$254.78
HUTCH MEDICAL CENTER
PHYSICAL- S.KOHN
$109.00
HUTCHINSON TEL CO
PHONE SERVICE
$648.26
HUTCHINSON UTILITIES
GAS & ELEC
$16,073.78
HUTCHINSON WHOLESALE
RACKS, ETC
$98.25
INTERNATIONAL EPDM
FIELD TECH SERVICES
$250.00
JERRY M. LANZ
CONFERENCE EXPENSES
$34.43
JOHNSON, DOUGLAS
TRAVEL EXPENSES
$75.08
JUUL CONTRACTING CO
MARKING PAINT
$2,132.88
LAP-AWAY ROOFING INC
CRANE USE
$112.50
LOGIS
MARCH CHARGES
$1,028.46
MN DEPT OF REVENUE
MARCH SALES TAX
$4,255.00
• MN VALLEY TESTING LAB
TESTING
$617.00
MN.MUTUAL LIFE
APRIL LIFE
$60.48
NALCO CHEM.CO
NALCO FLOCCULANT
$4,616.78
NCL
WATER, FILTERS, ETC
$238.62
NORTHERN WATER WORKS SUPPLY
MANHOLE REPAIRS
$3,195.14
POSTAGE BY PHONE
MARCH POSTAGE
$133.50
PRAIRIE EQUIPMENT CO
MANHOLE PICK
$69.22
QUADE ELECTRIC
INSTALL TRANSFER SWITC
$2,380.96
RUST ENVIRONMENT
PROF SERVICES -ACID SPI
$5,481.88
SCHMELING OIL CO
RYKON MV
$30.62
STANDARD PRINTING
PENS, BINDER, CARDS, I
$48.09
TRI CO WATER COND
3 BAGS SALT
$14.70
UC LABORATORY
SLUDGE ANALYSIS
$99.00
VESSCO INC
6 HOURS CALIBRATION
$270.00
$73,633.50
$837,411.59
•
OPEN -HOLD COUNCIL REPORT Tue Apr 12 1994 09:33:29 Page I
-----------------------------------------------------------------------------
-BURNS MANOR DS
BURNS MANOR TRANSFER TO BURNS $72,228.64
$72,228.64
GENERAL FUND
DEPOT MUSEUM
DEPT NATURAL RESOURCES
LINDMEYER, KEN
ORCHID INN, THE
ST. MARY'S CHURCH
PAYROLL FUND
AETNA VARIABLE LIFE ASS
GREAT WEST LIFE INS. CO
H.R.L.A.P.R.
ICMA RETIREMENT TRUST
PERA LIFE INS CO.
PERA- D.C.P.
PRUDENTIAL
PRUDENTIAL MUTUAL FUNDS
PUBLIC EMPLOYEES
TEMPLETON INC
• WADELL & REED
WITHHOLDING TAX ACCT
WATER /SEWER FUND
U S POSTMASTER
IYIRE TRANSFER
PAYROLL FUND
62 1 We)
a�►iid`[ii�l
46 ADMISSIONS $46.00
DNR REG FEES $1,079.00
30- SR.TOUR TWINS GAME $364.00
46 LUNCHES $307.74
46 ADMISSIONS $46.00
$1,842.74
CO. EMPLOYEE
CONTRIB
3 -26
$655.00
EMPLOYEE
CONTRIB
3 -26
$100.00
EMPLOYEE
CONTRIB
3 -26
$191.40
EMPLOYEE
CONTRIB
3 -26
$1,809.00
EMPLOYEE
CONTRIB
3 -26
$130.50
EMPLOYER
CONTRIB
3 -26
$52.02
EMPLOYEE
CONTRIB
3 -26
$140.00
EMPLOYEE
CONTRIB
3 -26
$318.46
EMPLOYER
CONTRIB
3 -26
$11,698.04
EMPLOYEE
CONTRIB
3 -26
$438.85
EMPLOYEE
CONTRIB
3 -26
$150.00
EMPLOYEE
CONTRIB
3 -26
$27,814.47
$43,497.74
WATER BILLS POSTAGE $175.00
$175.00
$117,744.12
EMPLOYEE OONTRIB 3 -26 5,365.68
HANDWRITTEN CHECKS APRIL 12. 1994
*LIQUOR FUND
$414.40
ALLEN OFFICE PRODUCTS
$713.52
AMERICAN LINEN
$256.27
BERNICKS
$288.20
CARLSON REFRIGERATION C
$113.12
CITY OF HUTCHINSON
$4,015.03
CITY OF HUTCHINSON
$4,165.71
CITY OF HUTCHINSON
$4,204.31
COAST TO COAST
$39.88
DRIVERS LICENSE GUIDE
$20.45
ED PHILLIPS
$13,958.74
FESTIVAL
$26.90
FRIENDLY BEVERAGE
$354.30
GRIGGS COOPER
$13,441.11
HENRY'S FOODS
$1,697.03
HERMEL WHOLESALE
$503.80
HUTCHINSON LEADER
$264.24
HUTCHINSON TELEPHONE
$92.54
HUTCHINSON UTILITIES
$775.67
JOHNSON BROTHERS
$13,181.33
•JORDAN BEVERAGE
$414.40
KARP
$15.67
KDUZ
$45.00
KUBASH & SONS
$167.47
LENNEMAN BEV
$10,234.85
LOCHER BROTHERS
$13,298.90
LORI LUNDHOLM
$43.20
LOSS CONTROL SERVICE
$116.00
MIN STATE LOT (CITY OF HUT)
$7.00
MIN STATE LOT (CITY OF HUT)
$207.00
MIN STATE LOT (CITY OF HUT)
$440.95
MIN STATE LOT (CITY OF HUT)
$3,019.00
OLSON'S LOCKSMITH
$3.99
PRO MAINTENANCE
$334.41
QUALITY WINE
$4,386.22
RADIO SHACK
$77.54
RADIO SHACK
$147.72
SHOPKO
$106.49
SPRENGLER
$829.19
TRI- COUNTY WATER CONDI
$10.54
TRIPLE G
$21,262.15
VFW POST 429
$47.50
•VIKING COCA -COLA $294.16
TOTAL $113,621.50
•
0
FOR YOUR
TO: Mayor and Council
FROM: Steve Madson, Chief of
DATE: April 6, 1994
RE: Cellular 2000 Agreement
��- �X
A
iFORMATION
rV
Police - '" /'
-----------------------------------------------------------------
As you are aware, I have been negotiating an agreement with
Cellular 2000 with regards to their firm utilizing the South Park
water tower as an antenna site. As of this date we have reached a
tentative agreement which would involve Cellular 2000 providing
$500 per month cellular telephone credit to the city. Over the
term of the agreement, 60 months, the city would receive $30,000 in
credit. In return, Cellular 2000 would erect a 14 x 17 building
near the water tower to house the electronic equipment. This
building would be aesthetically pleasing to the park area.
Additionally, two antennas will be placed on the water tower. I
have discussed this agreement with Gary Plotz, Randy DeVries and
Dolf Moon. All are in concurrence.
Also, as of this date, Cellular 2000 would be interested in
utilizing the standby electric generator which will be installed at
the water tower site this summer. In return for utilizing power
from the generator during power outages, Cellular 2000would provide
cash assistance for installation.
If you have any questions or concerns regarding this memorandum,
please do not hesitate to contact me at your earliest convenience.
/lkg
94 -01 -0009
•
•
C
April 11, 1994
MEMO
FOR YOUR INFORMATION
TO: MAYOR & CITY COUNCIL
FROM: KEN MERRILL, FINANCE DIRECTOR
SUBJECT: HUTCHINSON TECHNOLOGY DONATION
A donation of $3,000.00 was received from Hutchinson Technology to the Hutchinson
Fire Department. The donation was to be used for purchase of the air compressor
which was recently replaced.
City Hall
37 Washington Avenue West
(612) 587 -5151
Parks & Recreation
900 Harrington Street
(612) 587 -2975
Hutchinson, Minnesota 55350
- Printed on mc4ded paper -
Police Department
10 Franklin Street South
(612) 587 -2242
t
•
•
April 5, 1994
ARNOLD & MCDOWELL
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
(612) 587 -7575
FAX (612) 587 -4096
RESIDENT ATTORNEY
G.BARRY ANDERSON
Re: Cable Franchise Renewal Issues
Our File No. 3244 -92054
Dear Gary:
OF COUNSEL
WILLIAM W. CAMERON
RAYMOND C. LALLt EB
5081 CEDAR LAEE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
MN TOLL FREE 800-34.3 -5545
FAX(612)545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 369-2214
FAX (612) 369 -5506
FOR YOUR INFORMATION
I am enclosing herewith a copy of a memorandum received from Bernik
& Lifson along with a copy of a fax sheet from the Federal
Communications Commission which is self - explanatory. I thought the
Council might find the review of this information to be of interest
and perhaps even helpful.
Thank you for your ime and attention to these matters. Best
regards.
G. 'W&*iYyW
GBA:lm
Enclosure
•CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE XlNN£SOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
DAVID B. ARNOLD
GARY D. MCDOWELI
STEVEN A. ANDERSON
O. BARRY ANDERSON•
STEVEN S. HOOF
LAURA K. PRETLAND
DAVID A. BRUEGOEMANN
PAUL D. DOVE ••
JOSEPH M.PAIEMENT
JAMES UTLEY
RICHARD O. MCOEE
CATHRYN D. REHER
GINA M. BRANDT
•
•
April 5, 1994
ARNOLD & MCDOWELL
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
(612) 587 -7575
FAX (612) 587 -4096
RESIDENT ATTORNEY
G.BARRY ANDERSON
Re: Cable Franchise Renewal Issues
Our File No. 3244 -92054
Dear Gary:
OF COUNSEL
WILLIAM W. CAMERON
RAYMOND C. LALLt EB
5081 CEDAR LAEE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
MN TOLL FREE 800-34.3 -5545
FAX(612)545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 369-2214
FAX (612) 369 -5506
FOR YOUR INFORMATION
I am enclosing herewith a copy of a memorandum received from Bernik
& Lifson along with a copy of a fax sheet from the Federal
Communications Commission which is self - explanatory. I thought the
Council might find the review of this information to be of interest
and perhaps even helpful.
Thank you for your ime and attention to these matters. Best
regards.
G. 'W&*iYyW
GBA:lm
Enclosure
•CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE XlNN£SOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
• MEMORANDUM
TO: Bernick and Lifson Regulatory Clients
FROM: Robert J. V. Vose, Legal Assistant ,� , f , !
t i
RE: Federal Communications Commission Chicago Regional Seminar
DATE: March 31, 1994
On March 15 -16, 1994, the FCC held a Regional Seminar for the Midwest Region in
Chicago. The seminar was geared specifically to questions and concerns of local franchising
authorities. Seminar presenters included the FCC Chicago Regional Director for Field
Operations and FCC attorneys from the Cable Services Bureau. Attached are a number of
• documents provided by the FCC which may be of interest to your Commissioners, City Council
members, and other interested parties. Also available through our office upon request is the
FCC "Communications Glossary" and the FCC "Information Seekers Guide ".
The seminar focused on very general and sometimes rudimentary aspects of the local
franchising authorities' certification process and regulation of basic rates. Discussions included
review of the procedure by which the FCC set its benchmark rates and a review of Form 393
(the form which indicates the cable operator's permissible basic service rates).
The seminar confirmed our belief that the local franchising authorities which we represent
are well ahead of the rest of the country in the rate regulation process. A majority of the
questions asked and material covered by the FCC dealt with certification and Form 393
submission issues which you have already completed. Unfortunately, the FCC was unwilling
to discuss the new Report & Order (the "new rules ") expected to be released late this week or
early next week. The new rules, which are a product of a February 22 FCC meeting, will
become effective sometime in mid -May. We will provide an update on the effect of the new
rules once they are available and have been reviewed..
•
Also, the seminar clarified a very important point: You, as local franchising authorities, .
have a great deal of discretion in resolving questions or ambiguities regarding the application
of the rate setting and review process to your individual circumstances and, if challenged on
appeal, the FCC will defer to your decision if it is supported by a reasonable basis.' This
means that you must do your best in reviewing the cable operator's rates but you can rely on
your own judgment in interpretation of the difficult FCC rules. In nearly every instance,
administrative burdens will be placed on the cable operator.'
Both Congress and the FCC recognize that enforcement responsibility as well as much
of the financial burden for the complicated and comprehensive federal regulatory scheme has
largely been hoisted upon local government. In view of this difficult task, the federal
government should and will recognize that the local governments must be given adequate
authority and discretion to implement the federal regulatory scheme.
Other highlights from the seminar include:
1. The newly formed FCC Cable Services Bureau will now be responsible for
implementation and enforcement of all aspects of the 1992 Cable Act. The
Customer Protection Division, a subsection of the Bureau, will be responsible for •
enforcement of rate regulation and other regulatory issues. FCC attorneys stated
that their overriding mission and concern is to serve the public in enforcing the
Act.
2. The FCC views the current and future public service role of cable as focusing on
entertainment, education (classroom uses, CNN, C -Span, Court T.V., etc.), and
communication (home shopping, banking, voting, medical uses, data transmission,
and generally the "Information Superhighway ").
3. The FCC's long -term view of cable regulation is shaped by _past regulatory
schemes. In 1984 the cable industry was largely deregulated in an effort to
increase cable availability and competition. While the number of subscribers and
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Specifically, the FCC will apply a technical legal standard known as the 'arbitrary and capricious' standard of review.
2
For example, the operator is responsible for submitting information ta the franchising authority m complement its submission of a Form 393: the
franchising authority has no similar responsibility to submit information to the operator beyond generally justifying any rate review decisions. •
2
availability of cable service did greatly increase, true competition did not develop.
• Thus the 1992 Cable Act was passed in an attempt to correct the monopoly abuses
cable operators engaged in during the late '80s. The FCC stated that it believes
that the '92 Act is intended to promote a diversity of views and information
available on cable, to reduce undue market power enjoyed by cable operators, and
to protect the cable customer. As competition emerges, within the cable industry
and without, the FCC indicated that the cable industry may be largely de-
regulated once again.
4. Once the reportedly voluminous new rules are released and most operators are
required the further reduce rates by approximately 7 %, the operator will need to
"rejustify" its rates. The procedure for rejustifying rates was not specifically
discussed but will be clarified in the new rules.
5. Many FCC documents, decisions and Orders are now available on Intemet. The
FCC address is ftp.fcc.gov.
Please contact Tom Creighton or Bob Vose at Bernick & Lifson (546 -1200) with any
• questions about the FCC seminar or other cable questions or concerns.
RNV /rkr
CSVO E\MEMOMNDLM.001
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FEDERAL COMNIL'NICATIONS CONIMISSION
"1T 4`1T TTY T1T
information provided by the Office of the Associate
ging Director for Public Information and Reference Services
March 1994
CABLE TELEVISION FACT SHEET
ANTI- TRAFFICKING RESTRICTION
Three -Year Holding Requirement
The "anti- trafficking" rule prohibits a cable operator from selling or otherwise transferring
ownership in a cable system within three years following the acquisition or initial
construction of the system by the operator.
What Constitutes a Transfer of Ownershi)?
The Commission will enforce the three -year holding period when there has been an •
assignment or transfer that involves a substantial change in ownership. When assessing
whether there has been a "transfer of control" of the cable system, the Commission will use
the broadcast assignment and transfer of control standards. This includes transfers of tither
legal or working control of the cable system. Commission approval is not required for sales
of minority interests, unless such sales result in the acquisition or loss of control.
Cable operators w'-o are unsure whether a proposed transfer constitutes a trap fer of control
should consult with their local franchising authority. If the cable operator and the
franchising authority are unable to reach an understanding about the applicability of the anti-
trafficking rule, either party may request a declaratory ruling from the Commission.
Calculating the Holdin¢ Period
For initially constructed systems, the holding period will be measured from the date on
which service is activated to the system's first subscriber. For acquired systems, the holding
period commences on the effective date of the closing of the transaction in which the system
was acquired. For both situations, the three -year holding period will end on the proposed
effective date of the closing of the transaction transferring control of the cable system.
A transfer or sale agreement may be executed prior to the completion of the three -year •
holding period, as long as consummation of the transaction does not occur until after the
• expiration of the holding period.
Spin -offs
In some cases, system purchased in subsequent transfers will be considered acquired as of the
date of the origin.] transaction and do not require the application of a separate holding
requirement. To qualify for this treatment, requests for subsequent transfers must be tiled
with the local authority (where necessary) within 90 days from the effective date of [he
closing of the original transaction, and the closing of the subsequent transaction must take
place within 90 days after local transfer approval is granted. In cases where no local transfer
approval is required, the subsequent transfer must be completed within 180 days from the
closing of the original transaction.
Exemptions
Tax -free, involuntary and pro forma transfers of control are exempt from the three -year
holding requirement. Cable operators seeking to claim one of these exemptions must file a
certification with the local franchising authority demonstrating that the proposed transaction
qualifies for one of the exemptions.
Waivers
• The Commission may grant public interest waivers of the three -year holding requirement,
subject to local franchising approval in some cases. Waivers may also be granted in cases of
default, foreclosure and other financial distress. Requests for waivers must be filed pursuant
to the special relief procedures in Section 76.7 of the Commission's Rules.
The Commission will look favorably upon waiver requests involving multiple system
operator ( "MSO") transfers if two-thirds or more of the MSO subscribers are served by
systems owned for three years or more.
The Commission . dopted a blanket waiver for small systems serving 1000 subscribers or
less, subject to local franchising authority approval.
Monitoring and Enforcing Compliance
Local franchising authorities are responsible for enforcing the anti - trafficking restriction.
Cable operators seeking to transfer ownership are required to certify to the local franchising
authority that the proposed transfer complies with the anti-trafficking tile, or that the seller
is seeking or has obtained a waiver from the Commission or is otherwise exempt. This
certification must be submitted simultaneously with the request for transfer approval.
If local transfer approval is not required by the franchise agreement, the certification must be
submitted to the franchising authority no later than 30 days in advance of the closing date of
the proposed transaction.
Certifications must contain a complete description of the transaction and the interest heir •
transferred, the date on which such interest was acquired, and the effective date of the
proposed transfer. Certifications claiming an exemption should also identify the applicable
exemption. including a statement of the facts giving rise to the exemption.
Receipt by the local franchising authority of the appropriate certification creates a
presumption of compliance with the anti - trafficking -rule. If questions are raised as to the
accuracy of the certification, the franchising authority must notify the cable operator about
those questions within 30 days of the filing of the certification, or the certification will he
deemed accepted.
For systems held for three years, or more, the anti - trafficking certification is incorporated
into the FCC's standard transfer approval Form 394: The Commission's Form 394 is used
when applying for franchise authority approval to assign or transfer control of a cable
television franchise owned for three years or more. The information required by this form
includes the legal, technical and financial qualifications of the proposed transferee and any
information required by the franchise or applicable local law. Copies of Form 394 can be
obtained by calling. (202) 632 -FORM.
The franchising authority must act upon transfer requests for systems owned for three years
or more within 120 days. If the franchising authority fails to reach a final decision within
120 days, the transfer request shall be deemed granted, unless the franchisor and the •
requesting parry agree to an extension of time.
Local decisions regarding the accuracy of a certification, eligibility for an exemption, or
applicability of the anti - trafficking rule to a particular transaction are reviewable by the
Commission, pursuant to the special relief procedures in Section 76.7 of the Commission's
rules. If a willful violation of the anti - trafficking rule is found, the Commission may impose
appropriate sanctions, including cease and desist orders, orders to show cause, or assessment
of forfeitures.
For further information on the anti - trafficking restrictions, see Report and Order and Further
Notice of Proposed Rule Making, 8 FCC Rcd 6828 (1993). The anti - trafficking rules are
located. at 47 C.F.R. §76.502.
•
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FEDERAL COMMUNICATIONS COMMISSION
information provided by the Office of the Associate
Managing Director for Public Information and Reference Services
March 1993
CABLE TELEVISION FACT SHEET `
THE CONSUMER'S ROLE IN RATE REGULATION
Q: Does the Commission regulate all cable television rates?
A: No. This authority is shared between the Commission and your local franchising
authority, which is the local city, county, or other government organization that regulates
• your cable television service. The name of your local franchising authority should be on
your cable bill. If it is not, contact your cable company or your local government.
Q: What Do Local Franchising Authorities Regulate?
A: In most instances, your local franchising authority is responsible for regulating:
• Rates for basic cable service, equipment used to receive basic cable service, and
installation and service charges related to basic service. The term "basic service" refers to
the lowest level of cable service you can buy, and is the program package that includes
signals from local television stations (such as ABC, CBS, and NBC affiliates; educational
stations; and independent television stations). and public, educational and governmental access
channels. Your cable system may use other terms to describe this service.
• Customer service- -for instance, complaints about bills, a cable system s'response to
inquiries about signal quality, and a cable system's response to service requests.
• Franchise fees - -the fees paid by the cable system to the franchising authority for the right
to offer cable service.
You should contact your local franchising authority, and not the FCC, with complaints
regarding customer service and franchise fees.
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Q: What Cable Rates Does the FCC Regulate?
A: The FCC regulates the rates you pay for certain programming that the FCC refers to as
cable programming service. "Cable programming service" includes all program channels on
your cahle system that are not included in basic service and are not separately offered as pa }-
per-channe' programming or pay - per- progr -m services.
The FCC also regulates rates for equipment used solely to receive cable programming
service, as well as installation and service charges related solely to cable programming
service. However, since most equipment used to receive cable programming service is also
used to receive basic service. equipment complaints should generally be directed to your
local franchising authority.
Q: Are There Some Rates That Neither the FCC Nor Local Franchising Authorities
Regulate? `
A: Yes. Neither the FCC nor your local franchising authority regulates rates for pay -per-
channel programming (for instance, a premium movie channel such as HBO or Showtime)
and pay -per- program services (for instance, pay -per -view sports events). This means that
your cable company may charge what it chooses for these services.
Q: How are the rates of my cable company regulated?
A: The rates for the basic service tier are regulated by your local franchising authority, but
the rate regulations your local authority enforces are regulations that the FCC has adopted.
Basically, the FCC has established a benchmark for use by the local authorities in their
determinations of rate reasonableness. The benchmark for all cable systems is the average
rates on September 30, 1992 of cable systems that are subject to effective competition.
Those rates are presumed reasonable, so the rates of cable companies that are not subject to
effective competition will also be presumed reasonable if they do not exceed the benchmark.
Cable programming services- -that is, all video programming provided over a cable system
not including basic service or per- channel or per - program service - -is subject to regulation
directly by the FCC, and not by your local authority. The Commission will consider
whether rates are reasonable for such video programming services (that is, not over the
benchmark) when a complaint is filed by a subscriber to that cable system.
Per - channel or per- program services, which are those services for which the cable system
charges a separate fee, as stated above, are not subject to rate regulation.
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In addition to the benchmark as the basis of rate regulation, the FCC has adopted a price cap
for annual price increases. A cable system that has no effective competition cannot increase
its rates beyond inflation which is measured by an annually- calculated price index (the GNP- •
PI). One final method to regulate cable rates is the cost -of- service standard. If a cable
company believes that its rates must be permitted to exceed the benchmark or its rate
increase must be allowed to exceed the price cap. it can elect to justify higher rates based on
its higher costs of providing service. This is a more complicated method for determinin_ the
reasonableness of a cable company's rates._ But if the cable company can make the case that
its higher costs require higher rates. its rates will he allowed to exceed the benchmark and
price cap maximums.
Q: May my local franchising authority begin immediately to regulate my-cable
system's basic rates?
A: No. In order to exercise its authority to regulate basic cable rates, your local
franchising authority must be certified to do so by the Commission. Your franchising
authority must certify to the Commission that it has the legal authority and the personnel
necessary to regulate rates, that it will adopt rules consistent with Commission rules
governing the basic service tier. and That it will adopt procedural rules providing for notice
and comment in rate regulation proceedings. Your franchising authority's certification
becomes effective 30 days after it is filed with the Commission, unless the Commission•
notifies your franchising authority to the contrary. Your franchising authority must adopt the
rules referred to above within 120 days of certification.
Should your local franchising authority's certification be denied or revoked, the Commission:
• will assume jurisdiction to regulate rates for basic cable service and associated equipment of
a given system. The Commission will not intervene to regulate basic cable service rates
should your local franchising authority choose not to seek certification from the Commission
nor request the Commission to assume jurisdiction. i .
Q: How Do I File A Complaint With the FCC?
A: If you are a cable subscriber wishing to.file a complaint with'the FCC about rites for
cable programming service, related equipment, or installation, you should rill out FCC Form
329 and submit it to the FCC.. Franchising authori ties and other relevant state or. local
governments may also file FCC Form 329 to file a complaint with the FCC about rates for
cable programming service, related equipment, or installation.
Q: How Does the Complaint Process Work?
A: Your complaint begins a legal process that requires your cable company to demonstrate
that its rates are reasonable under the law.
The FCC requires your cable company to respond in writing to your complaint within thirty
days of the date you file your complaint: unless your cable company is notified by the FCC
that your complaint cannot be processed. In its response, your cable company must show
that its rates are reasonable under the law. The cable company must provide you with a
copy of its response. The FCC will examine the information submitted by the cable
company and determine whether its rates for cable programming service are too high. If so.
the FCC may order a refund and /or a rate reduction for the cable programming service.
You and the franchising authority will receive a copy of the FCC's final ruling on the
reasonableness of the cable programming service rate charged by your cable company. 0
Your complaint will be maintained by the FCC under the cable company's community unit
identifier, which is a number assigned to each cable system by the FCC for administrative
purp3ses. This number should appear on your cable bill. Your - omplaint will not he tiled
under your name. If you have any questions regarding the status of your •omplaint, you
may call (202 )416 -0919. Please be prepared to tell us the name of the cable system and the
name of the community where the cable system is located.
Q: How can I obtain copies of the Commission's cable regulations? _
A: Due to budgetary considerations, the Commission does not supply free copies of its
regulations. You can purchase copies of the Commission's decisions and specific regulations
by calling International Transcription Service [ITS] at (202) 857 -3800. When you call ITS,
ask for cable regulations and specify whether you want information regarding rates or other
areas. If you wish to purchase copies of-the new Cable Act, the entire Communications Act,
or Commission rules and regulations, call the Government Printing Office [GPO] at (202)
783 -3238. There may also be a GPO outlet in a major city nearer to you. The FCC's cable
television rules and regulations are contained in Title 47 of the Code of Federal Regulations.
Part 76.
Q: How can I obtain further information from the Commission?
A: The Cable Services Bureau is located at 2033 M Street NW in Washington D.C. The
following mailing address may be used: Cab'.e Services Bureau, General Cable Inquiries, PO
Box 18698, Washington DC 20036. The general telephone number for assistance with rate
complaints is (202) 416 -0902. The Commission's Consumer Assistance Branch also serves as
a focal point for information dissemination and outreach to public interest and consumer
organizations. It is Iocated in Room 254, 1919 M Street NW, Washington DC 20554;
telephone (202) 632 -7000. Commission offices are normally open from 8:00 a.m. to 5:30
p.m., Monday through Friday, excluding legal holidays.
•
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April 11, 1994
C.
MEMO
FOR YOUR INFORMATION
TO: MAYOR & CITY COUNCIL
GARY PLOTZ, CITY ADMINISTRATOR
JOHN RODEBERG, CITY ENGINEER
JIM MARKA, BUILDING OFFICIAL
JEAN WARD, HRA DIRECTOR
PHIL GRAVES, CEO HUTCHINSON COMMUNITY HOSPITAL
ED TULSA, FINANCE DIRECTOR, HUTCHINSON COMMUNITY HOSPITAL
DICK LENNES, DIRECTOR HCDC
• STEVE MADSON, CHIEF OF POLICE
DOLF MOON, PARKS, RECREATION, COMMUNITY ED., DIRECTOR
FROM: KEN MERRILL FINANCE DIRECTOR
SUBJECT: MOODY'S RATING AGENCY VISIT TO HUTCHINSON
A visit is currently scheduled by Moody's Investor Service either
May 17 or May 18. Steve Bocamazo, Analysis, is the person
scheduled as Moody's representative he was also present during the
last visit by Moody's when the Hospital bonds were being rated.
Attached is a letter from Steve Apfelbacher, Ehlers and Associates,
outlining information which would be a part of the presentation to
Bocamazo.
The dates are set but the itinerary and time scheduled for
Hutchinson is not known at this time. I am attaching the
information sent by Apfelbacher for your review and to allow time
to gather the information as outlined. An agenda will be prepared
as we get closer to the scheduled.
If you have any questions or items to add please let me know.
City Hall Parks &Recreation Police Department
37 Washington Avenue West 900 Harrington Street 10 Franklin Street South
(612) 587 -5151 (612) 587 -2975 (612) 587 -2242
Hutchinson, Minnesota 55350
Printed on n coded paper -
Ehlers and Aspciates,Inc.
LEADERS IN PUBLIC FINANCE •
March 22, 1994
Mr. Ken Merrill, Finance Director
City Hall
111 Hassan Street
Hutchinson, MN 55350 -2439
RE: CITY OF HUTCHINSON, MN; MOODY'S PRESENTATION MAY 17-18,1994
Dear Ken:
Last Fall we discussed the need to have Moody's Investors Service visit Hutchinson this
Spring. We have been discussing this possibility with Moody's and have arranged with Steve
Bocamazo, the lead Minnesota analyst at Moody's, a tour of Hutchinson on May 17 or 18.
Since the City is a frequent debt issuer, it is important for us to maintain an ongoing dialogue
with Moody's. Your Moody's bond rating affects the interest rates you pay on your debt and
the number of underwriters interested in bidding on your issues.
•
Prior to August, 1990, Hutchinson carried an "A" rating. Due to the size of the Hospital's debt
that is backed by the City's taxing powers, Moody s downgraded the City's rating to the
current Baa -1. Since that last Moody's presentation, Hutchinson has experienced substantial,
significant growth.
As Moody's reviews the City's general obligation debt, they will examine the following areas:
• Economic Factors: Local tax base, strength of the local economy, the City's ability
to pay, property tax and special assessment procedures and delinquencies,
accounts receivable, population trends, future development opportunities and their
related costs, as well as future annexations.
• Debt Management: Debt per capita and per valuation ratios, structure of overall
debt, future debt planning, five -year CIP, rate of debt repayment.
• Financial Performance: Annual operating performance, year -end positions,
liquidity and cash flow requirements, annual revenues exceeding annual
expenditures, multi -year trends, timely rate adjustments for utilities, fund balance
policy, investment of cash balances and the closeness of budgeted vs. actual
expenditures and revenues.
• Local Management: Government organization, qualifications and track record of
professional managers, services that are provided, the degree of flexibility in
providing services, fixed budget expenditures such as debt, pensions and
contractual obligations, and budget strategy recognizing the State of Minnesota's
financial condition.
10
OFFICES IN MINNEAPOLIS, MN AND BROOKFIELD, WI
2950 Norwest Center. 90 South Seventh Street. Minneapolis, MN 55402 -4100
Telephone 612 - 339 -8291. FAX 612- 339 -0854
I ...
• Mr. Ken Merrill
Hutchinson, MN
•
March 22, 1994
Page 2
Themes we should specifically address in this presentation about the City include:
• Debt burden in the future will remain moderately above average but manageable
• Controllable, moderate, and diverse tax base growth as well as rapid debt payouts
will continue
• The City's overall financial position will remain strong with an annual balanced
budget, strong general fund balance, timely utility rate adjustments
• The City has long -term growth potential and benefits from the strong Twin Cities
economy
• Special assessments will continue to be a significant revenue source to retire
additional debt
• Utility revenues and tax increment revenues will continue to retire existing
indebtedness
• The Hospital will continue to pay it share of debt from its own revenue sources
• Elected officials support of staff - initiated policies
We should further discuss these issues, their current status, and how to incorporate them into
the presentation materials and tour of the City.
Following is a partial list of some of the actual presentation materials I envision we should
prepare:
• A letter from the Mayor highlighting key events and activities that have recently
occurred. This could include an updated CIP, HRA/development actions, or
developer policy changes.
• A map highlighting the City's location within the State
• City staff directory
• 3 to 5 -year history of:
1. General Fund Revenues and Expenditures and Local Government Aid
2. Fund Balances
3. Property Tax Rates
4. Bonded Indebtedness
5. Sewer/Water Fund
Mr. Ken Merrill
Hutchinson, MN
Tax Base Information:
1. Annexation update
2. Developer policies
3. Development activity /pending projects
4. Building permits
5. Utility staging plan
6. Future land use
7. Development concept
8. Current residential lots available
9. HRA activities/programs
• Five -year C I P
• Population trends and growth
• Citywide surveys /newsletters
• Finance report on current financing
• Official Statement on current financing
March 22, 1994
Page 3
We need to discuss this preliminary outline as well as finalizing the schedule for the 1994 429
improvements. I am also waiting to hear back from Ed about negotiating a lower interest rate
on the $2,000,000 Hospital Equipment Lease of 1990.
Very truly yours,
EHLERS AND ASSOCIATES, INC.
Steven ac
Steven F. Apfelbacho
er
President
SFA:nad
cc: Gary Plotz, City Administrator
Encl.
HUTCH/48
•
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PIONEERLAND LIBRARY SYSTEM
John M. Houlahan, Director
0
MAR1994
1,$W&5Nytfeef, Willmar, MN 56201 -3298
BY.____._._....... Phone W. 61=35-3162
Fax. No. 61 212 35 -31 69
PIONEERLAND LIBRARY SYSTEM UPDATES
March 22, 1994
PIONEERLAND LIBRARY SYSTEM UPDATES are occasional communications from
Pioneerland administrative staff to Pioneerland Library System board, mayors, city
councils and county commissions, head librarians, local library boards & city and county
administrators. These communications are to inform UPDATES readers on current policy
and service issues related to programs, services and management of Pioneerland Library
System.
POLICY COMMITTEE RESPONDS TO AGREEMENT ISSUES
Pioneerland's policy committee met on March 2 and took the following actions on recent
agreement concerns.
1. Short term borrowing.
Action: Policy committee will recommend at the next Pioneerland board meeting, April 21
in Benson, new language be added to the agreement; 111.4.g . See underlined language
below.
"The library board may authorize short term borrowing of funds (six months or less) not
to exceed one - quarter of the annual budget for the previous twelve months. Short term
borrowing may oar (y be for current year's budgeted items and r payment most be paid out
of current y ar's revenues "
2. Pioneerland collect payment twice a year from cities and counties.
Action: Policy committee will ask finance committee to: 1) study how implementing twice
a year payments might impact PLS's budget 2) determine if there would be a need for
short term borrowing to meet expenses during transition from quarterly payments 3) set
dates for implementing if the proposal is adopted. Twice a year payments may be allowed
under current agreement. No new amendment is necessary.
3. Nonsignatory status.
Action: Policy committee will conduct a study on signatory and nonsignatory roles and
responsibilities. Study findings will be shared with city and county signatories and
nonsignatory cities.
updates march 12, 1994, page 2
4. Asset ownership
Action: Pioneerland will update its inventory and review city, county, and system's
contents insurance. Staff will discuss the inventory process at their April 13th meeting.
Policy committee will develop recommendations concerning the ownership of assets.
5. Legal review
Action: Policy committee concurs with other Pioneerland committees that current
agreement and amendments should be reviewed by legal council. Pioneerland Director will
investigate the hiring of legal council.
STRATEGIC PLANNING AND THE BUDGET PROCESS
r�
At the February local library trustee meetings, nearly half of Pioneerland's (PLS) libraries
were introduced to strategic planning. Local and systemwide strategic planning will be
included in the 1995 budget process. In March, libraries that were not familiar with
strategic planning were sent information and instructions on the process. Additional help
will be provided libraries at a staff meeting on April 13. 0
As part of the process, libraries will be seeking city and county officials input on local
library services. How to best collect this input will also be addressed at the April 13th
meeting. Other important dates in the planning process are: May 12 first planning drafts
due; May 19 PLS Board reviews drafts; June 16 PLS Board approves plans and 1995
budget.
In addition to helping develop 1995 budgets, local strategic plans will be included in
PLS's Long Range Plan 1994 -1999. Minnesota's Department of Education, Library
Development and Services, must approve Pioneerland's 5 year plan for system to qualify
for state and federal dollars.
PIONEERLAND LIBRARIES AUTOMATED CATALOGS ARRIVE!!!!
In the first week of March, the first 32 copies of Pioneerland's new computerized catalog
arrived. When the project is completed, Pioneerland will have 57 computer workstations
in its 31 libraries. While many of the libraries will have 1 workstation, Willmar will have
up to 7 stations. One of the more interesting computer setups will be at Montevideo
where
Ll
updates march 22, 1994; page 3
head librarian, David Lauritsen, has networked the new computer catalog with other CD-
ROM products including Info Trac, a periodical index similar to Readers Guide, and
Minneapolis Tribune in full text from 1992 -1994.
MARCH /APRIL CALENDAR
March 24; Automation Committee; Willmar, S:OOpm.
Topics: 1) CD -ROM installation report 2) Connecting Pioneerland to Internet 3) Telefax
machines or telefaxing through computers, what should be Pioneerland's future? 4)
Planning Pioneerland's next computer generation
March 24, System Services Facility Planning Committee; Willmar, 7:00 pm.
Topic: Currently, Pioneerland Library has two service centers in Willmar and Montevideo.
This committee has responsibility of studying the feasibility of finding a single location for
all system wide services. March 24 is first meeting of this Pioneerland board committee.
Committee members are PLS trustees: Marietta Johnsen, Willmar; Dorothy Tebben,
Chippewa County; Mark Dahl , Chippewa County; Yvonne Griffin, Olivia; Barb Gjerde,
Kandiyohi County; Kevin Mulder, Renville (city), and Roy Johnsen, Hutchinson.
April 13; Staff Meeting, Green Lake Bible Camp; 8:30 -4:30
Topics: Inventory process, 1995 budget procedures; systemwide services 1995, local and
systemwide short and long term strategic planning, CD -ROM catalog discussions.
April 14, Finance Committee, Willmar, 6:00 pm
Topics: 1) Should city and counties pay twice a year? If so, how and when should it
begin? 2) Future funding of automation
April 18: Personnel committee, Willmar, 6:OOpm
Topics: 1) 1995 pay raise recommendations 2) Legal council 3)Personnel policy review 4)
Discuss feasibility of hiring consultant to study system's job descriptions and pay schedule.
April 21, Board Meeting, Benson, 7:30 pm.
Topic: Prior to the meeting, an agenda will be sent to Pioneerland board members, staff
and city and county offices.
0
i
•
PIC ",EE ^LAND LIBRARY SYSTEM
HQ: 410 5TH ST. S.W.
WILLMAR, MN 56201 -3298
0
Gary Plotz
City Administrator
Hutchinson City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
SULK RATE
US POSTAGE
i PAID
TO: Mayor and Council
FROM: Brad Emans, Fire Chief
HUTCHINSON
FIRE DEPARTMENT
205 Third Avenue South E,st
HUTCH INSON. MINNESOTA E 72
MONTHLY CITY COUNCIL UPDATE
March, 1994
The Fire Department responded to 18 calls for service in March.
Four of those calls were medicals. One call was an arson fire in
an abandoned house in Hassan Valley. The fire department and
sheriff's office are working on this call. We had five false
alarms. There was a Haz -Mat spill at Integrated Ingredient. 1280
gallons of sulfuric acid ran into the sewer.
We also responded to a 2 vehicle accident 4 miles North of
Hutchinson on Hwy 15. One of our firefighters, Brad Paulson, was
involved in that accident along with his wife Annie and their two
children 4 year old Megan and 9 month old Rachel. Megan was
pronounced dead at the hospital after 40 minutes of CPR by one of
our firefighters. As of this report Brad and Annie are still
unconscious and in serious condition. Rachel is just fine.
We are in the process of getting a fund raiser organized for the
family.
The fire department has responded to a fatal accident every month
since October 1993. It has taken a toll on the firefighters. I
felt it was necessary to call in an Incident Stress Debriefing
Team, from all indications it was very much needed and very
successful.
Drills for the month:
1. Pumper Training
2. Accident reconstruction put on by the State Patrol.
3. New compressor training - The new compressor was installed on
Weds., March 23. It was used Monday, March 28, at the Haz -Mat
spill.
Extra notes:
We have sent out our dance tickets for our annual fund raiser, hope
to see you there! Hutchinson Technology has donated $3,000.00
toward the purchase of the new air compressor. We thank them for
their support.
0
HUTCHINSON FIRE DEPARTMENT MINUTES
REGULAR MEETING
Monday, March 7, 1994
The meeting opened at 8:15 p.m.
The minutes were read and approved.
The bills and runs were read as follows:
BILLS
CITY AND RURAL ACCOUNT
GENERAL ACCOUNT
Legion Post
Cash
FMAM -FSE
Duluth Tech
Hutch Tele
Art Krzmarz
96 603.50
30.00
125.00
College 50.00
4,337.85
ick 5.69
4 Our Designs Inc. 17.40
TOTAL $5,169.44
Am LaFrance
241.21
Hutch Wholesale
17.00
Spartan Motors
347.43
Hutch Wholesale
58.10
McLeod Fire Chiefs
300.00
Hutch Wholesale
10.18
Coast to Coast
58.98
Hutch Wholesale
33.75
Coast to Coast
.63
B & S Industries
99.99
Coast to Coast
8.19
Hutch Fire & Safety
18.96
SW Tech College
45.00
Allen Office
8.12
Allen Office
9.00
Brinkmans
36.69
Coast to Coast
Coast to Coast
31.91
4.68
Festival Foods
Festival Foods
25.22
5.13
Christensen Repair
1.00
Coast to Coast
1.91
Farm and Home
32.66
Coast to Coast
9.55
Anderson's
1.99
Coast to Coast
8.49
Ink Spots
21.68
Coast to Coast
23.14
Allen Office
3.40
Spartan Motors
28.98
Allen Office
63.84
MCMT
22.31
Allen Office
6.30
Brinkmans
5.86
Hutch Wholesale
1.27
Family Rexall
13.42
Hutch Wholesale
3.15
Bennett Office
14.28
Hutch Wholesale
87.80
TOTAL $1,747.20
Hutch Wholesale
31.25
Hutch Wholesale
8.69
Hutch Wholesale
<3.94>
GENERAL ACCOUNT
Legion Post
Cash
FMAM -FSE
Duluth Tech
Hutch Tele
Art Krzmarz
96 603.50
30.00
125.00
College 50.00
4,337.85
ick 5.69
4 Our Designs Inc. 17.40
TOTAL $5,169.44
HUTCHINSON FIRE DEPARTMENT MINUTES
3/7/94
PAGE 2 0
ItURK
2/1
3M
2/22
Chimney Fire
2/2
Rescue
2/22
Medical
2/2
King
2/2.5
Swanson
2/5
Medical
2/25
Medical
2/6
Medical
2/27
Konerza
2/7
Burns Manor
2/27
Schmeling
2/8
Howe
2/7
Drill /Meeting
2/9
Becker
2/8
Drill
2/9
Picket
2/9
Extra Drill
2/11
Maus
2/11
Extra First Aid
2/13
Medical
2/12
Extra First Aid
2/13
3M
2/14
Medical
2/19
Medical
2/17
Townboard Meeting
2/21
Gaspar
2/21
Fire Behavior
A motion was made and seconded to approve the bills and runs as
read.
Randy R. reported on new procedure for attending schools.
Mike S. reported please clean up after using wash bay.
The meeting adjourned at 8:40 p.m.
Respectfully submitted by,
Bob Schantzen
Secretary
L�
HUTCHINSON FIRE DEPARTMENT MINUTES
OFFICER'S MEETING
Monday, March 14, 1994
The meeting opened at 9:35 p.m.
Jeff N. reported on ice rescue sled.
Mike S. reported 238 is ready for grass fires.
Steve S. reported on compressor.
Brad reported no one should be talking about fire department
business and speaking for everybody without chief and chief
officer's approval.
The meeting adjourned at 10;50 p.m.
Respectfully submitted by,
Bob Schantzen
Secretary
0
LJ
3/23/94
HUTCHINSON UT &ES COMMISSION
BALANCE SHEET
FEBRUARY 28, 1994
ASSETS
UTILITY PLANT - AT COST
LAND d LAND RIGHTS
DEPRECIABLE UTILITY PLANT
TOTAL UTILITY PLANT
LESS ACCUMULATED DEPRECIATION
TOTAL ACCUMULATED DEPRECIATION
CONSTRUCTION IN PROGRESS
TOTAL CONSTRUCTION IN PROGRESS
TOTAL UTILITY PLANT DEPREC VALUE
RESTRICTED FUNDS 6 ACCOUNTS
INVESTMENT - GAS RESERVES
MEDICAL INSURANCE
BOND 6 INTEREST PAYMENT 1993
BOND RESERVE - 1993
CATASTROPHIC FAILURE FUND
TOTAL RESTRICTED FUNDS A ACCOUNTS
CURRENT & ACCRUED ASSETS
CASH IN BANK
INVESTMENTS 6 SAVINGS ACCOUNTS
ACCOUNTS RECEIVABLE
ACCTS REC- UNBILLED FUEL ADJ - 1993
INVENTORIES
PREPAID INSURANCE
FERC FILING DEPOSITS
TOTAL CURRENT & ACCRUED ASSETS
DEFERRED CHARGE
BOND DISCOUNT 1993
TOTAL DEFERRED CHARGE
PAGE 1
* w r r TOTAL N w• r
891,734.75
27,966,593.37
28,858,328.12
(15,617,336.79)
(15,617,336.79)
20,958,736.61
20,958,736.61
34,199,727.94
1,054,905.55
100,000.00
253,860.00
1,389,320.00
750,000.00
3,548,085.55
3,080,499.31
679,641.65
2,325,575.13
15,740.00
743,421.75
57,519.91
30,000.00
6,932,397.75
200,722.79
200,722.79
TOTAL ASSETS 44,880,934.03
3/23/94 HUTCHINSON UTI ES COMMISSION PAGE 2
i BALAN HEET •
FEBRUARY 28, 1994
M M M M TOTAL M M M N
MUNICIPAL EQUITY 6 LIABILITIES
..
MUNICIPAL EQUITY
MUNICIPAL EQUITY
28,544,485.44
UNAPPROPRIATED RETAINED EARNINGS
397,641.03
TOTAL MUNICIPAL EQUITY
28,942,126.47
LONG TERM LIABILITIES -NEI' OF
CURRENT MATURITIES
1993 BONDS
14,075,000.00
TOTAL LONG TERM LIABILITIES
14,075,000.00
CONSTR CONTRACTS 6 ACCTS PAY RETAIN
ACCRUED EXPENSES - RETAINAGE _
309,647.12
TOTAL CONSTRUCTION 6 ACCTS PAY
309,647.12
CURRENT 6 ACCRUED LIABILITIES
ACCOUNTS PAYABLE
1,117,718.28
INTEREST ACCRUED
168,248.04
ACCRUED PAYROLL
42,961.77
ACCRUED VACATION PAYABLE
121,418.00
ACCRUED MEDICAL FUND
(13,855.54)
CUSTOMER DEPOSITS _
85,353.00
OTHER CURRENT d ACCRUED LIABILITIES
32,316.89
TOTAL CURRENT d ACCRUED LIAR
1,554,160.44
TOTAL MUNICIPAL EQUITY & LIAB
44,880,934.03
• 3/23/94
HUTCHINSON Ul
ES COMMISSION
PAGE 1
HUTCHINSOMINNESOTA
STATEMENT OF
INCOME 6 EXPENSES
_
FEBRUARY 28, 1994
U
PREVIOUS
CURRENT
BUDGETED
BUDGET
ANNUAL
YEAR TO DATE
YEAR TO DATE
YEAR TO DATE
DEVIATION
BUDGEI
INCOME STATEMENT
OPERATING REVENUE
SALES - E.ECI -RIC ENERGY
1,632,502.93
1,753,720.68
1,678,410.00
75,310.68
10,233,500.00
SALES FOR RESALE
30.00
21G.00
80.00
130.00
2,000.00
NET INCOME FROM OTHER SOURCES
13,622.87
8,145.14
10,810.00
(2,664.86)
53,000.00
SECURITY LIGHTS
2,073.00
1,850.00
2,360.00
(530.00)
14,000.00
POLE RENTAL
.00
.00
.00
.00
4,000.00
SALES - GAS
1,430,197.98
1,553,678.73
1,503,600.00
50,078.73
5,950,000.00
TOTAL OPERATING REVENUE
3,078,426.78
3,317,604.55
3,195,280.00
122,324.55
16,256,500.00
OPERATING EXPENSES
PRODUCTION OPERATION
111,612.75
134,742.51
130,328.00
(4,414.50
885,700.00
PRODUCTION MAINTENANCE
101,048.08
15,915.17
15,400.00
(515.17)
206,000.00
PURCHASED POWER
844,758.0!
897,574.56
895,310.00
(2,264.56)
2,778,000.00
TRANSMISSION OPERATION
.00
.00
.00
.00
3,400.00
TRANSMISSION MAINTENANCE
3,828.80
2,647.37
2,500.00
(147.37)
126,500.00
ELECTRIC DISTRIBUTION OPERATION
30,083.97
31,269.46
29,257.00
(2,012.46)
196,300.00
ELECTRIC DISTRIBUTION MAINTENANCE
25,653.94
28,687.31
24,669.00
(4,Oi8.31)
110,300.00
MFG GAS PRODUCTION OPERATION
397.71
422.91
360.00
(62.91)
21500.00
MFG GAS PRODUCTION MAINTENANCE
1,143.08
626.14
260.00
(366.14)
2,000.00
PURCHASED GAS EXPENSE
1,153,495.15
1,240,351.92
1,249,325.00
8,973.08
7,332,500.00
GAS DISTRIBUTION OPERATION
38,275.20
33,744.16
27,924.60
(5,819.56)
186,320.00
GAS DISTRIBUTION MAINTENANCE
10,943.65
5,388.43
9,734.00
4,345.57
43,900.00
CUSTOMER EXPENSES
25,239.94
24,301.41
25,155.00
853.59
143,500.00
CUSTOMER SERVICES
4,359.75
5,806.06
4,550.00
(1,256.06)
32,500.00
ADMINISTRATIVE 6 GENERAL EXPENSES
211,786.87
227,713.79
242,245.90
14,532.11
1,332,045.00
DEPRECIATION
131,334.00
241,666.66
246,500.00
4,833.34
1,640,000.00
TOTAL OPERATING EXPENSES
2,693,960.90
2,890,857.86
2,903,518.50
12,660.64
15,021,465.00
OPERATING INCOME
384,465.88
426,746.69
291,761.50
134,985.19
1,235,035.00
OTHER INCOME
OTHER - NET
2,706.71
18,360.45
18,650.00
(259.55)
49,000.00
INTEREST INCOME
77,153.64
24,713.65
24,000.00
713.65
240,000.00
MISC INCOME
12,386.42
175.05
1,570.00
(1,394.95)
78,500.00
MISC INCOME -- GAS
48,468.44
39,251.57
50,400.00
(11,148.43)
560,000.00
TOTAL OTHER INCOME
140,715.21
82,500.72
94,620.00
(12,119.28)
927,500.00
OTHER EXPENSES
MISC EXPENSES
3,487.94
696.38
1,280.00
583.62
61,000.00
INTEREST EXPENSE
15,000.00
110,910.00
112,531.50
1,621.50
665,950.00
TOTAL OTHER EXPENSES
18,487.94
111,606.38
113,811.50
2,205.12
726,950.00
CONTRIBUTION TO CITY
.00
.00
.00
.00
6:0,000.00
TOTAL CONTRIBUTION TO CITY
.00
.00
.00
.00
650,000.00
NON - OPERATING INCOME
122,227.27
(29,105.66)
(19,191.50)
(9,914.16)
(449,450.00)
NET INCOME
506,693.15
397,641.03
272,570.00
125,071.03
705,585.00
