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cp02-14-1995 cIMP SUNDAY MONDAY TUESDAY -12- -13- -14- Noon - HRA Meeting in Main Conf. Room, City Center 5:00 P.M. - CITY COUNCIL. 2:30 -6:00 P.M. - VISIONARY WORKSHOP in Main. Conf. WORKSHOP for City Room, City Center Council /Directors at City Center (Main 5:15 P.M. - Telecommunications' Conference Room) Commission Meeting in NUTCN/NSON Staff Conf. Room, City CITY Center CALENDAR 7:30 P.M. - City Council Meeting in Council Week of Chambers, City Center Feb. 12 to Feb. 18 1995 WEDNESDAY THURSDAY FRIDAY SATURDAY -15- -16- -17- -18- 10:00 A.M. - Directors Meting in Staff Conf. Room, City Center LEGISLATIVE LUNCHEON MEETING Noon at G. Dubb's in Glencoe 2:00 P.M. - Open Bids for i Logs & Limbs at fRecreation Center I j 1 • AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 14, 1995 1. CALL TO ORDER - 7:30 P.M. 2. INVOCATION - Rev. Jon Lindekugel, Christ the King Lutheran Church 3. CONSIDERATION OF MINUTES REGULAR MEETING OF JANUARY 10 AND JANUARY 24, 1995; AMENDED MINUTES OF DECEMBER 13, 1994; AND BID OPENING OF FEBRUARY 9, 1995 Action - Approve as distributed - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JANUARY 1995 0 2. AIRPORT COMMISSION MINUTES OF JANUARY 30, 1995 1, 3. LIBRARY BOARD MINUTES OF JANUARY 24, 1995 4. SAFETY COUNCIL MINUTES OF DECEMBER 19, 1994 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 95 -130 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING A FRANCHISE TO JOSEPH DOOLEY AND CHERYL DOOLEY AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (FIRST READING AND SET SECOND READING FOR FEBRUARY 28, 1995) 2. ORDINANCE NO. 95 -131 - AN ORDINANCE GRANTING A FRANCHISE TO DD CABLE HOLDINGS, INC. TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF HUTCHINSON; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS (SECOND READING AND ADOPT) 1 CITY COUNCIL AGENDA - FEBRUARY 14, 1995 0 3. ORDINANCE NO. 95 -132 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE CHAPTER 6.40 ENTITLED LODGING TAX AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 4. ORDINANCE NO. 95 -133 - AN ORDINANCE OF THE CITY OF HUTCHINSON AMENDING SECTION 10.45 OF THE CITY CODE ENTITLED "DANGEROUS TRESPASSES AND OTHER ACTS" AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 5. ORDINANCE NO. 95 -134 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, PURSUANT TO THE CITY CHARTER OF THE CITY OF HUTCHINSON AS ADOPTED BY THE VOTERS ON NOVEMBER 3, 1987, AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 6. ORDINANCE NO. 95 -135 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING A FRANCHISE • PURSUANT TO CHAPTER 10 OF THE HUTCHINSON CITY CHARTER AND ADOPTED, BY REFERENCE, CITY CODE CHAPTER ONE (1) AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 7. RESOLUTION NO. 10386 - RESOLUTION ADOPTING POLICE DEPARTMENT MANUAL 8. RESOLUTION NO. 10391 - RESOLUTION FOR PURCHASE 9. RESOLUTION NO. 10392 - RESOLUTION ADOPTING RATE REGULATION POLICIES AND PROCEDURES FOR BASIC CABLE SERVICE IN HUTCHINSON, MINNESOTA 10, RESOLUTION NO. 10393 - RESOLUTION TO AUTHORIZE A ONE -HALF PERCENT SALES TAX ON ALL RETAIL SALES WITHIN MUNICIPALITY 11. RESOLUTION NO. 10394 - ADOPTING 1995 HANDBOOK OF POLICIES, PROCEDURES, PRACTICES AND ADMINISTRATIVE ORDERS 12. RESOLUTION NO. 10399 - SUPPORTING AN ADMINISTRATIVE FEE INCREASE FOR DEPUTY REGISTRARS 2 • 0 CITY COUNCIL AGENDA - FEBRUARY 14, 1995 (c) ATTENDANCE AT OUT -OF -STATE CONFERENCE BY OFFICER DAVE MUELLER (d) CIGARETTE LICENSE FOR HUTCH CAFE (e) GAMBLING DEVICES LICENSE FOR ELKS LODGE #2427 FOR LOCATION AT LAMPLIGHTER LOUNGE II (f) APPOINTMENTS TO BOARDS 1. PLANNING COMMISSION - -DEAN WOOD 2. SENIOR ADVISORY BOARD - -ROY JOHNSEN, LORETTA PISHNEY, HARRIET WIXCEY 3. TELECOMMUNICATIONS COMMISSION - -DON HANSEN (g) ASSIGNMENT AGREEMENT AND CONSENT TO ASSIGNMENT FOR AUGUSTA HOMES PROJECT Action - Motion to approve consent agenda 5. PUBLIC HEARING (a) LETTING NO. 8, PROJECT NO. 95- 10/95 - 11/95 -12 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. 10395 (b) LETTING NO. 9, PROJECT NO. 95- 13/95- 14/95- 15/95 -18/ 95- 19/95 -20 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. 10396 6. COMMUNICATIONS, REQUESTS AND PETITIONS NONE 7. RESOLUTIONS AND ORDINANCES - SEE CONSENT AGENDA 8. UNFINISHED BUSINESS (a) CONSIDERATION OF EXTENDING CONTRACT WITH BERNICK & LIFSON (DEFERRED JANUARY 24, 1995) Action - 3 CITY COUNCIL AGENDA - FEBRUARY 14, 1995 9. NEW BUSINESS 0 (a) CONSIDERATION OF BUD DAGGETT DONATION OF THREE LOTS IN INDUSTRIAL PARK TO CITY OF HUTCHINSON Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 10397 (b) CONSIDERATION OF HCDC FINANCE TEAM RECOMMENDATION FOR NEW LOAN PROGRAM IN ECONOMIC DEVELOPMENT LOAN FUND AND ESTABLISHMENT OF INTEREST RATE Action - Motion to reject - Motion to approve (c) CONSIDERATION OF AWARDING BID FOR WATER TREATMENT FACILITIES CHLORINATION SYSTEM MODIFICATIONS Action - Motion to reject - Motion to approve and award contract (d) CONSIDERATION OF TEMPORARY CLOSINGS OF BUTLER FIELD ON DESIGNATED DATES FOR AIR SHOWS BY JOE DOOLEY Action - Motion to reject - Motion to approve (e) CONSIDERATION OF DESIGNATING CITY REPRESENTATIVES ON H.A.T.S. JOINT POWERS BOARD Action - Motion to reject - Motion to approve and adopt Resolution No. 10398 (f) CONSIDERATION OF JOINT POWERS AGREEMENT FOR OPERATION OF H.A.T.S. FACILITY Action - Motion to reject - Motion to approve and enter into agreement (g) CONSIDERATION OF AWARDING BID FOR PURCHASE OF PICKUP TRUCK FOR WASTEWATER DEPARTMENT Action - Motion to reject - Motion to approve and award contract (h) CONSIDERATION OF JOINT RESOLUTION OF CITY OF HUTCHINSON, TOWNSHIP OF ACOMA, AND TOWNSHIP OF HUTCHINSON FOR ORDERLY ANNEXATION OF PROPERTY Action - Motion to reject - Motion to approve and enter into agreement 4 • 0 CITY COUNCIL AGENDA - FEBRUARY 14, 1995 (i) CONSIDERATION OF ADVERTISING FOR BIDS ON AIRPORT FARM LAND Action - Motion to reject - Motion to approve 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 61 • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 10, 1995 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, and Don Erickson. Absent: Council Member Kay Peterson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Alex Ramos 3. CONSIDERATION OF MINUTES The minutes of the regular meeting of December 27, 1994 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - DECEMBER 1994 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 10372 - DESIGNATING OFFICIAL NEWSPAPER 2. RESOLUTION NO. 10373 - APPOINTING LEGAL COUNSEL 3. RESOLUTION NO. 10374 - APPOINTING CITY ADMINISTRATOR FOR 1995 4. RESOLUTION NO. 10375 - DESIGNATION OF DEPOSITORIES OF CITY FUNDS IN COMMERCIAL BANKS AND INSTITUTIONS 5. RESOLUTION NO. 10376 - DESIGNATION OF DEPOSITORY OF CITY FUNDS, FEDERAL SAVINGS AND LOAN ASSOCIATIONS 6. RESOLUTION NO. 10377 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM CITIZENS BANK AND TRUST CO. OF HUTCHINSON, MINNESOTA 7. RESOLUTION NO. 10378 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM MARQUETTE BANK OF HUTCHINSON, MINNESOTA 8. RESOLUTION NO. 10379 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION OF HUTCHINSON, MINNESOTA 1 CITY COUNCIL MINUTES - JANUARY 10, 1995 9. RESOLUTION NO. 10380 - RESOLUTION ACCEPTING $172,500 FROM HUTCHINSON UTILITIES COMMISSION INTO GENERAL FUND AND TRANSFER OF $68,750 FROM GENERAL FUND TO CAPITAL IMPROVEMENT FUND (c) TRANSIENT MERCHANT LICENSE FOR GEORGE ROBERT SCHMITZ (APPROVAL SUBJECT TO INVESTIGATION) (d) APPOINTMENTS TO HEALTH BOARD: DR. DAVID BYRON DR. JOHN ZENK DR. DENNIS MURPHY (e) SELECTION OF COUNCIL'S VICE PRESIDENT - JOHN MLINAR The motion to approve the consent agenda was -nade by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. 5. PUBLIC HEARING (a) ISSUANCE OF INTOXICATING LIQUOR LICENSE TO RUSS CARTER JR., DBA J'S BAR & GRILL Mayor Torgerson called the hearing to order at 8:00 P.M. and read the notice of hearing. go Russ Carter informed the Council that J's Pizza and J's Bar & Grill would be operated as one establishment. Following discussion, the motion to close the hearing at 8:03 P.M. was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. The motion to approve and issue the liquor license, subject to the contingencies that the applicant provide a copy of his current state restaurant license and pass an inspection by the building official for building code compliance, was made by Council Member Erickson, seconded by Council Member Craig and unanimously carried. (b) LETTING NO. 4, PROJECT NO. 95 -04 (OSGOOD /HAYDEN ADDITIONS AND SURROUNDING AREAS) Mayor Torgerson called the hearing to order at 8:04 P.M. and read the notice of hearing. The City Engineer reported this was the fourth hearing on this project. It was dropped from the improvement list twice, petitioned, and then delayed. Engineer Rodeberg 2 CITY COUNCIL MINUTES - JANUARY 10, 1995 explained the process for the project. He stated that since the old tile line (40 -50 years old) has collapsed and is undersized, it needs to be replaced. Louis Brunner, 968 Hayden Avenue SW, questioned why the curb and gutter would have to be replaced. A gentleman inquired how the property owner would know if the sewer line needed to be replaced from the street to the house. Margaret Theis, 405 Lake Street SW, commented that there was not much time allowance to secure the necessary permits. The motion to close the hearing at 8:19 P.M. was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. The motion to approve the project and order plans and specifications and to waive reading and adopt Resolution No. 10369 was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. i6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR STREET LIGHTING IN WALNUT RIDGE TOWNHOUSE AND WALNUT RIDGE ESTATES SUBDIVISIONS Following discussion, the motion to approve and to refer to the Hutchinson Utilities was made by Council Member Erickson, seconded by Council Member Craig and unanimously carried. 7. RESOLUTIONS AND ORDINANCES - SEE CONSENT AGENDA 8. UNFINISHED BUSINESS (a) CONSIDERATION OF 1968 DEFERRED ASSESSMENT FOR SANITARY SEWER AND WATERMAIN ON NEIL JENSEN (POPP'S ELECTRIC/ DOSTAL OLSEN) PROPERTY (DEFERRED DECEMBER 13, 1994) Engineer Rodeberg reported on the background of the assessment issue regarding Lots 6 & 7, Block 22 in North Half of City. It was his recommendation to not pursue collection of the 1968 assessment since it was not enforceable and to not collect the connection fee from the prior fee owner of the property. Rather, the 3 CITY COUNCIL MINUTES - JANUARY 10, 1995 connection fee should be paid by the present fee owner (Neil Jensen) when he constructs his improvements. The City Engineer stated it is probable that the street will be torn up by the State Highway Department when its improvements are installed within the next several years. It was the legal opinion of the City Attorney that any property owners who had paid 1968 assessments on Lots 6 and 7, Block 22, may be due a refund on the assessment payment. Following discussion, Council Member Craig moved that if any of the 1968 deferred assessments for Lots 6 & 7, Block 22, North Half of City, had been collected, the payment would be refunded and the assessment removed from the assessments list. Motion seconded by Council Member Mlinar and unanimously carried. 9. NEW BUSINESS (a) PRESENTATION AND CONSIDERATION OF RESOLUTION REQUESTING SPECIAL LEGISLATION FOR ONE -HALF PERCENT LOCAL SALES TAX Mayor Torgerscn gave an overhead presentation on the proposed one -half percent local sales tax. He stated the tax would affect only the items presently taxed by the State. No action was taken since there was not a full Council to vote on the issue. (b) CONSIDERATION OF APPROVING CIVIC ARENA PROJECT AND ENTERING INTO CONTRACT WITH BONESTROO AND ASSOCIATES FOR ENGINEERING SERVICES Director Dolf Moon addressed the Civic Arena refrigeration system project and its funding. He requested that the Council (1) approve to fund the replacement through the existing capital improvement fund in the amount of $500,000, (2) to approve revised option I'D" at a total cost of $498,500, and (3) to approve entering into contract with Bonestroo and Associates for engineering services. There was discussion regarding the engineering cost with Bonestroo and Associates compared to the estimates from the supplier. The motion was made by Council Member Craig, seconded by Council Member Mlinar and unanimously carried, to approve the Civic Arena project but to challenge the contract 4 9 CITY COUNCIL MINUTES - JANUARY 10, 1995 with Bonestroo and recommend talking to the supplier regarding its $400,000 quote. After clarification of the civic arena engineering fees and discussion, Council Member Craig moved to withdraw his motion concerning engineering services, Council Member Mlinar withdrew his second and unanimously carried. Council Member Craig moved to reconsider and enter into a contract with Bonestroo and Associates. Motion seconded by Council Member Mlinar and unanimously carried. (c) CONSIDERATION OF EXTENDING CONTRACT WITH BERNICK & LIFSON Attorney Anderson requested to defer this item until the next Council meeting. The motion to defer was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. (d) CONSIDERATION OF ENTERING INTO TWO -YEAR LEASE WITH SCHRAMM IMPLEMENT FOR COMPOST MIXER Following discussion, Council Member Erickson moved to enter into a lease agreement with Schramm Implement at a cost of $20,627.00 for 24 months. Motion seconded by Council Member Craig and unanimously carried. (e) CONSIDERATION OF DNR TRAIL GRANT Director Dolf Moon explained the grant would provide up to $11,000 and would require a hard match from the City. Following discussion, the motion to approve and enter into an agreement with the Minnesota Department of Natural Resources was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. (f) CONSIDERATION OF RECOMMENDATION FROM TELECOMMUNICATIONS COMMISSION REGARDING CABLE FRANCHISE RENEWAL City Attorney Anderson reported on the Telecommunications Commission meeting held January 9, 1995. He stated there were seven significant items in the proposed franchise ordinance, namely: (1) franchise agreement calls for a 5 CITY COUNCIL MINUTES - JANUARY 10, 1995 fiber trunk and fiber to curb design; (2) 60 channel system within a three year period; (3) $20,000 grant to City for public access equipment; (4) free basic drops to public buildings (Hutchinson City Center, Hutchinson Technical College, public schools, hospital lounge, and Burns Manor Nursing Home); (5) additional access channels; (6) two significant protections for the City in the form of a performance bond and a letter of credit; and (7) 15 -year franchise agreement. The City Attorney stated the City Council had two options: (1) approve the franchise agreement with the first reading of the Ordinance tonight and extend the old franchise until the Ordinance has been adopted and published or (2) extend the present franchise for 30 days and have the first reading at a future meeting. He reported the recommendation of the Telecommunications Commission was to approve the first reading of the Ordinance and set a second reading for the following meeting and to extend the present franchise agreement until the new franchise agreement becomes effective or to a date no later than March 1, 1995. Following discussion, the motion to approve and to waive the first reading of Ordinance No. 95 -131 and to set the second reading for January 24, 1995 and to adopt Resolution No. 10383 extending the existing cable television franchise ordinance to the effective date of the new franchise or no later than March 1, 1995, was made by Council Member Mlinar. Motion seconded by Council Member Erickson and unanimously carried. (g) CONSIDERATION OF RECEIVING REPORT AND SETTING PUBLIC HEARING FOR LETTING NO. 8, PROJECTS NO. 95 -10, 95 -11 AND 95 -12 City Engineer Rodeberg commented on the proposed improvement projects listed under Letting No. 8. Following discussion, the motion to approve the engineering report, to set an improvement hearing for February 14, 1995 at 8:00 P.M., and to waive readings and adopt Resolutions No. 10370 and No. 10371 was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. (h) CONSIDERATION OF REQUEST TO INCREASE CITY LODGING TAX Chamber Director Vi Mayer commented on other communities 9 CITY COUNCIL MINUTES - JANUARY 10, 1995 which have a three percent lodging fee. He stated the lodging tax money would be used to hire a part -time sales person who would promote Hutchinson at conventions and meetings. Mayor Torgerson read a letter received from three local small motel owners who were opposed to the three percent lodging tax. Following discussion, the motion to approve the three percent lodging tax and to set first reading of Ordinance No. 95 -132 for January 24, 1995, was made by Council Member Craig, seconded by Council Member Erickson and unanimously carried. (i) CONSIDERATION OF ESTABLISHING DATE FOR A CITY COUNCIL VISIONARY WORKSHOP City Administrator Plotz suggested holding a visionary workshop in February and use Barbara Arney as the facilitator again this year. The Directors would be invited to attend. . During discussion, a tentative date of February 13, 1995 was proposed, subject to confirmation from Council Member Kay Peterson who was absent. There was also discussion of establishing a date for the annual joint meeting with the County Board in February or March. It was reported the Chamber of Commerce Director had requested to be included in pertinent joint meetings. (j) CONSIDERATION OF PETITION ON HARMONY LANE AND LINCOLN AVENUE Engineer Rodeberg stated a public hearing was held on December 27, 1994, regarding the Harmony Lane and Lincoln Avenue project, and the City Council approved holding an assessment hearing. He reported a petition was received from the property owners affected by the improvement. It was the Engineer's recommendation to proceed with the assessment hearing process and to separate the two projects for bidding. Attorney Anderson noted there were two actual benefits to the property owners. Since the City Council had already decided to move forward to the assessment hearing stage, he did not believe the petition required any action except to acknowledge it. He stated the Council would 7 CITY COUNCIL MINUTES - JANUARY 10, 1995 have the option to reject the project because the bids were too high or some other reason. (k) CONSIDERATION OF CHANGING TERMS OF OFFICE FOR MEMBERS ON HOSPITAL /NURSING HOME BOARD The Hospital /Nursing Home Board requested to change the terms of office from June to December to coincide with their calendar year. Following discussion, the motion to approve and to waive first reading of Ordinance No. 95 -129 and to set second reading for January 24, 1995, was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (1) CONSIDERATION OF VACATING MUNICIPAL RIGHT OF WAY, SUBJECT TO POSSIBILITY OF REVERTER, FOR HOMETOWN REALTY BUILDI_iG During discussion, it was determined that a franchise agreement was required for this situation. The motion * -o refer back to the City Attorney for a franchise ordinance was made by Council Member Craig, seconded by Council Member Mlinar and carried three to zero, with Council Member Erickson abstaining from voting. • 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz presented an application for a gambling license on February 24, 1995, for the National Wild Turkey Federation (Crow River Cutters). The motion to approve and issue the gambling license was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. The City Administrator reviewed some upcoming events and activities. (b) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg requested approval of the plans and specifications for the H.A.T.S. facility and for authorization to advertise for bids on February 15, 1995, at 2:00 P.M. Following discussion, the motion to approve the plans and 8 9 CITY COUNCIL MINUTES - JANUARY 10, 1995 specifications, to advertise reading and adopt Resolution Council Member Mlinar, seconded and unanimously carried. for bids, and to waive No. 10381 was made by by Council Member Craig The City Engineer reported on the concept of creating a pedestrian /bicycle trail system. He stated the Hutchinson Light Traffic Task Force passed a motion at their January 9, 1995 meeting recommending the McLeod County pave the shoulders of CSAH 12 (North High Drive) from TH 15 to its north termination near Piepenburg Park. Engineer Rodeberg asked the Council to adopt a resolution in support of the Task Force's recommendation to the County. Following discussion, the motion to approve and waive reading and adopt Resolution No. 10382 was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. Engineer Rodeberg commented on a meeting held regarding the Bluff Street bridge project. He stated the most logical route would include the east 20 feet of the Simonson Lumber building. The building has been appraised at $305,000. The City will receive $350,000 federal funding for the project, but the City could lose the funding if it does not move forward. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and to authorize payment from appropriate funds was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:05 P.M. MINUTES • REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 24, 1995 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 and Don Erickson. Absent: Council Member Kay Peterson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Alex Ramos. 3. MINUTES No minutes were available for approval. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - DECEMBER 1994 2. CITY INVESTMENTS REPORT • 3. PLANNING COMMISSION MINUTES OF DECEMBER 20, 19,914 4. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF DECEMBER 20, 1994 S. HUTCHINSON HOUSING, INC. MINUTES OF DECEMBER 20, 1994 6. LIGHT TRAFFIC TASK FORCE MINUTES OF JANUARY 9, 1995 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 10385 - RESOLUTION FOR PURCHASE 2. RESOLUTION NO. 10386 - RESOLUTION ADOPTING POLICE DEPARTMENT MANUAL 3. RESOLUTION NO. 10387 - RESOLUTION FOR WITHDRs':vAL FROM MUTUAL AID PACT (MCLEOD COUNTY) 4. RESOLUTION NO. 10388 - RESOLUTION ADOPTING MEMBERSHIP IN MUTUAL AID PACT (COOPERATIVE AND JOINT AGREEMENT) 1 c r CITY COUNCIL MINUTES - JANUARY 24, 1995 5. ORDINANCE NO. 95 -129 - AN ORDINANCE OF THE CITY OF • HUTCHINSON, MINNESOTA, AMENDING CITY CODE CHAPTER 2.58 ENTITLED "HOSPITAL AND NURSING HOME BOARD" AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 6. ORDINANCE NO. 95 -130 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, VACATING MUNICIPAL RIGHT OF WAY, SUBJECT TO A POSSIBILITY OF REVERTER AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 7. ORDINANCE NO. 95 -131 - AN ORDINANCE GRANTING A FRANCHISE TO DD CABLE HOLDINGS, INC. TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF HUTCHINSON; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS (SECOND READING AND ADOPT) 8. ORDINANCE NO. 95 -132 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE CHAPTER • 6.40 ENTITLED LODGING TAX AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 9. ORDINANCE NO. 95 -133 - AN ORDINANCE OF THE CITY OF HUTCHINSON AMENDING SECTION 10.45 OF THE CITY CODE ENTITLED "DANGEROUS TRESPASSES AND OTHER ACTS" AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (FIRST READING AND SET SECOND READING FOR FEBRUARY 14, 1995) 10. ORDINANCE NO. 95 -134 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, PURSUANT TO THE CITY CHARTER OF THE CITY OF HUTCHINSON AS ADOPTED BY THE VOTERS ON NOVEMBER 3, 1987, AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (FIRST READING AND SET SECOND READING FOR FEBRUARY 14, 1995) 2 0 i 1] CITY COUNCIL MINUTES - JANUARY 24, 1995 (c) SNOW REMOVAL PERMITS FOR DOUG PETERSON AND BRIAN WEN'DLANDT (d) DELINQUENT WATER AND SEWER ACCOUNTS (e) REZONING PROPERTY LOCATED ON HWY. 22 SOUTH FROM C -2 AND R -2 TO I -2 REQUESTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION FROM PLANNING COMMISSION OF STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE AND SET SECOND READING FOR FEBRUARY 14, 1995) (f) CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE ON HUTCHINSON AREA TRANSPORTATION SERVICES FACILITY PROPERTY LOCATED ON HWY. 22 SOUTH REQUESTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10384) (g) ANNEXATION BY BOARD ORDER OF 225.95 ACRES LOCATED IN ACOMA TOWNSHIP REQUESTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION OF STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE AND SET SECOND READING FOR FEBRUARY 14, 1995) (h) RESOLUTION TO CHANGE STREET NAME OF ROBERTS ROAD TO ROBERTS AVENUE SW (EAST /WEST) AND ROBERTS STREET SW (NORTH /SOUTH) WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION (i) CIGARETTE LICENSE FOR RUSS CARTER, JR, DBA J'S BAR & GRILL The following items were pulled from the consent agenda for separate discussion: 4- b(2) -- Resolution No. 10386 (Police Department Manual) with recommendation to defer to February 28, 1995 meeting. 4- b(6)-- Ordinance No. 95 -130 with recommendation that it be amended to a franchise and deferred to February 14, 1995 meeting. 4- b(7) -- Ordinance No. 95 -131 with recommendation to defer to February 14, 1995 meeting since there are still issues to be resolved. 4- b(8) - -It was noted the 3�k lodging tax was approved at the January 10, 1995 meeting and the first reading of Ordinance No. 95 -132 was held at this meeting, with the 3 CITY COUNCIL MINUTES - JANUARY 24, 1995 second reading for February 14, 1995. • 4- (e) - -It was noted that the Planning Commission's recommendation was to rezone the property located on Hwy. 22 S. from C -2 and R -2 to I -2 for the city facilities property, except for Lots 9 and 14 of the Auditors Subdivision, and to rezone Lots 9 and 14 of Auditors Subdivision to C -4. Wayne Oliva's daughter stated her father was opposed to the rezoning of land by Hwy. 22 and that he had an agreement with the City which stated the property was to remain a residential buffer zone. During discussion of the zoning in the area, Engineer Rodeberg stated the rezoning was needed for the treatment plant and the H.A.T.S. facility. However, there was no particular use for the other land. He recommended approving the I -2 zoning only and deferring the change on the southern part (Lots 9 & 14). Council Member Craig moved to reconsider the action taken as it relates to the property in question along Hwy. 22 S. Motion seconded by Council Member Mlinar and unanimously carried. . Council Member Craig moved to rezone the noted property to I -2, and to not rezone Auditors Lots 9 and 14 as recommended by the Planning Commission. Motion seconded by Council Member Mlinar and unanimously carried. 4(g) - -It was noted that a township orderly annexation agreement was being prepared, and the annexation would not require a Municipal Board hearing process. The recommendation was to defer action to the February 14, 1995 meeting. 4(h) - -The recommendation was to refer this item back to the Planning Commission and to defer until the February 28, 1995 meeting. The motion to approve the consent agenda with the changes recommended was made by Council Member Erickson, seconded by Council Member Craig and unanimously carried. S. PUBLIC HEARING None 4 CITY COUNCIL MINUTES - JANUARY 24, 1995 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) COMMUNICATION FROM ODDFELLOW PARK COMMITTEE MEMBERS REGARDING TRACT OF LAND LOCATED NORTH OF ODDFELLOWS PARK AND SOUTH OF HIGHWAY 7 WEST Mayor Torgerson read the letter received from the Oddfellow Park Committee Members in which they expressed the Lodge's concern regarding the future use of the tract of land located north of their park. During discussion, it was recommended that an appointed committee of two review the situation and make a recommendation to the Council. It was noted that there are restrictions on the use of the land and a first right of refusal. Mayor Torgerson and Council Member Erickson will meet with the Elks to negotiate on the property. 7. RESOLUTIONS AND ORDINANCES - SEE CONSENT AGENDA 8. UNFINISHED BUSINESS (a) CONSIDERATION OF EXTENDING CONTRACT WITH BERNICK & LIFSON is (DEFERRED JANUARY 10, 1995) The motion to defer this item to the February 14, 1995 meeting was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF CONTRACT FOR WORKERS COMPENSATION MANAGED CARE PROVIDER It was reported that Select Care, the City's workers' compensation managed care provider, had terminated its contract and will no longer provide this service. Dennis Potter recommended Comprehensive Managed Care as the new provider. There would be a $100 enrollment fee, with the same services as previously provided by Select Care. Following discussion, the motion to approve and enter into a contract effective February 1, 1995, with Comprehensive Managed Care was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. (b) CONSIDERATION OF SPONSOR CERTIFICATION FOR REAL PROPERTY ACQUISITION FOR AIRPORT PROJECT 0 5 CITY COUNCIL MINUTES - JANUARY 24, 1995 Following discussion, the motion to approve acquisition • of Parcel 10 (McLeod County Agricultural Association) consisting of 18.95 acres was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. (c) CONSIDERATION OF STRUCTURAL ENCROACHMENT UPON EASEMENT OF TODD ALEXANDER PROPERTY LOCATED AT LOT 6 OF "LOT G SUBDIVISION" An agreement and franchise ordinance were presented to resolve the real estate encroachment upon a utility easement for the Todd Alexander property. Following discussion, the motion to approve and enter into an agreement and to waive first reading of Ordinance No. 95 -135 and set second reading for February 14, 1995, was made by Council Member Mlinar. Motion seconded by Council Member Craig and unanimously carried. (d) CONSIDERATION OF RECEIVING REPORT AND CALLING FOR HEARING ON LETTING NO. 9/1995 PAVING IMPROVEMENTS Engineer Rodeberg reviewed the proposed 1995 improvement projects and their funding. He noted that Project No. 0 95 -18, School Road /South Grade Road Intersection, might not be necessary. Following discussion, Council Member Erickson moved to approve the report, to remove improvement project No. 95- 18, to set a hearing for February 14, 1995 at 8:00 P.M., and to waive reading and adopt Resolutions No. 10389 and No. 10390. Motion seconded by Council Member Mlinar and unanimously carried. (e) DISCUSSION OF SOUTH GRADE ROAD IMPROVEMENT AND FEDERAL FUNDING FOR LETTING NO. 14, PROJECT NO. 95 -22 Engineer Rodeberg reported the referenced project (TH 15 to Dale Street) was originally proposed for 1992 but was delayed due to the loss of federal funding. Although the project was rescheduled for federal funding for 1998, additional federal funds have become available so that the project may be reactivated. No action was taken. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM FIRE DEPARTMENT 6 0 9 CITY COUNCIL MINUTES - JANUARY 24, 1995 The Hutchinson Fire Department requested approval of a 10 -year agreement with the Village of Biscay for fire protection services by Hutchinson's Fire Department. Following discussion, the motion to approve and enter into agreement was made by Council Member Erickson, seconded by Council Member Craig and unanimously carried. (b) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG Council Member Craig raised a question regarding the annexation by Municipal Board Order of the 225.95 acres. He stated that although there now exists an orderly annexation agreement with Acoma and Hutchinson Townships, there still remains the issue of the true cost of annexation for Mark Fratzke and the trailer court. The Planning Commission intended to provide Mr. Fratzke with the opportunity to address the City Council and the Municipal Board. He inquired if the septic system became certified when the property was annexed. He noted the City water service would be available. City Attorney Anderson stated Mr. Fratzke could address • the township board and try to persuade them that annexation was not to his best interest, thus stalling the orderly annexation process. He commented that the orderly annexation agreement is limited to the 225.95 acres involved, and it does not address other annexation matters. Council Member Craig inquired about a list of 1995 improvement projects. (c) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz updated the Council on the following upcoming meetings: *February 13 (2:00 -6:00 P.M.) -- VISIONARY WORKSHOP Barb Arney, Facilitator *February 14 (5:00 -7:15 P.M.) -- CITY COUNCIL /DIRECTORS WORKSHOP >5:00 -6:00 P.M. -- 1995 Bonding Program Steve Apfelbacher, Ehlers & Assoc. >6:00 -6:45 P.M. -- Overview of Police Dept. Manual Steve Madson, Police Chief >6:45 -7:15 P.M. -- Overview of City Handbook Hazel Sitz, Human Resources Coord. *February 17 (Noon) -- LEGISLATIVE LUNCHEON AT G. DUBBS 7 CITY COUNCIL MINUTES - JANUARY 24, 1995 11 12. RESTAURANT IN GLENCOE • *February 28 (5:00 -7:00 P.M.) -- CITY COUNCIL WORKSHOP Reports by Directors *March 14 (5:00 -7:00 P.M.) -- CITY COUNCIL WORKSHOP Reports by Directors *March 20 (1:30 -9:00 P.M.) -- JOINT AGENCY MEETING AT PEACE CENTER (6:15 -7:15 P.M.) -- Buffet Dinner (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg presented an update on the situation with Simonson's property and the three options available. He stated the City is presently negotiating with them. Following discussion, the motion to approve proceeding with option three if negotiations with Simonson's cannot be met was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. (e) COMMUNICATIONS FROM MAYOR TORGERSON Mayor Torgerson commented that the State of Minnesota has started a corridor review, and a MN /DOT Corridor Study Group had been formed. He reported that he and the City • Engineer would be attending a Hwy. 7 Coalition meeting on January 25 which will involve industries and businesses. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and authorize payment from appropriate funds was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. There being no further business, the meeting adjourned at 9:15 P.M. 8 0 • • MINUTES BID OPENING THURSDAY, FEBRUARY 9, 1995 The meeting was called to order at 1:00 P.M. by Finance Director Kenneth B. Merrill. Also present were Director Randy DeVries, Supervisor Dick Nagy, and Administrative Secretary Marilyn J. Swanson. The reading of Publication No. 4759, Notice to Bidders, Water Treatment Facilities, Chlorination System Modifications, City of Hutchinson, Minnesota, was dispensed with. The following bids were opened and read: QUADE ELECTRIC Hutchinson, MN VANBERGEN & MARKSON, INC. Minneapolis, MN VESSCO INC. Eden Prairie, MN CONTRACT A $42,775.00 CONTRACT B $22,821.00 21,438.00 The bids were referred to staff for review and recommendation. The meeting adjourned at 1:10 P.M. 0 February 14, 1995 MEMORANDUM TO: Mayor & City Council FROM: Marilyn J. Swanson, Admin. Secretary • SUBJECT: AMENDED MINUTES OF DECEMBER 13, 1994 On page 3 of the December 13, 1994, City Council Minutes, the section entitled "Letting No. 4, Project No. 95 -04" was inadvertently omitted. R has now been added into the copy as an amendment. • Ciro Center III Hassan Street SE Hutchinson. MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Htudiinson, MN55350 -3097 (612) 587 -2975 Far(612)234 -4240 - Y �rn7ed nn re. " ;- , - Police Services 10 Fraeklin Street Stt .'� Hutchin.son..WN 55750 -._.,4 (611,587 -2242 Far t612) 587 -642; T MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 13, 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, City Engineer John Rodeberg, and City Attorney G Barry Anderson. 2. The invocation was given by the Reverend Walter Marth. 3. MINUTES The minutes of the regular meeting of November 22, 1994 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - NOVEMBER 1994 2. HOSPITAL /NURSING HOME BOARD MINUTES OF OCTOBER 18, 1994 3. LIGHT TRAFFIC TASK FORCE MINUTES OF NOVEMBER 21, 1994 • 4. HUTCHINSON HANDICAP ADVISORY COMMITTEE MINUTES OF OCTOBER 27, 1994 5. LIBRARY BOARD MINUTES OF NOVEMBER 28, 1994 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 10351 - OFFENSIVE BEHAVIOR POLICY 2. RESOLUTION NO. 10352 - RESOLUTION FOR PURCHASE 3. RESOLUTION NO. 10357 - TRANSFERRING $55,000 FROM LIQUOR FUND TO GENERAL FUND 4. RESOLUTION NO. 10358 - TRANSFERRING $110,000 FROM 1976 DEBT SERVICE FUND TO CITY CONSTRUCTION FUND S. ORDINANCE NO. 94 -125 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 10.08 "ANTENNAS AND TOWERS" AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) • 0 CITY COUNCIL MINUTES - DECEMBER 13, 1994 6. ORDINANCE NO. 94 -126 - AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN LAND OWNED BY ROBERT COWGER AND SALLY COWGER AND ABUTTING THE CITY OF HUTCHINSON PURSUANT TO MINNESOTA STATUTES 414.033, SUBDIVISION 2(3) (FIRST READING AND SET SECOND READING FOR DECEMBER 27, 1994) 7. ORDINANCE NO. 94 -127 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP (SECOND READING AND ADOPT) (c) SNOW REMOVAL PERMIT: 1. DENNIS GETZ 4. LEON MADSEN 2. JIM HAASL S. LONNIE KOHLS 3. RON HANSEN 6. DICK SMYKALSKI (d) 1995 -96 HUTCHINSON FIRE DEPARTMENT OFFICERS The motion to approve the consent agenda, with the exception of item 4 -b (2), was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. • Following discussion of item 4 -b (2), the motion to approve and adopt Resolution No. 10352 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. 5. PUBLIC HEARING (a) ESTABLISHMENT OF LOCAL PREFERENCE ADMISSION POLICY FOR PARK TOWERS Mayor Torgerson called the hearing to order at 8:00 P.M. and read the Notice of Public Hearing. Executive Director Jean Ward addressed the new rule by HUD which affects a Local Preference Admission Policy at Park Towers. She stated the new policy would grant Park Towers more flexibility in admitting residents. No one was present to be heard. The motion to close the hearing at 8:10 P.M. was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. The motion to approve the Local Preference Admission Policy was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (b) LETTING NO. 5, PROJECT NO. 95 -05 (HARMONY LANE /LINCOLN AVE.) I- CITY COUNCIL MINUTES - DECEMBER 13, 1994 Mayor Torgerson called the hearing to order and read the notice of hearing for Letting No. 5, Project No. 95 -05. Engineer Rodeberg addressed the condition of the present street and water /sanitary sewer service on Harmony Lane and Lincoln Avenue and the need for replacement. He noted the City would be paying approximately one -half the cost of the proposed project. Rufus Mikulecky, 605 Harmony Lane, thought the road was fine and expressed opposition to the project. Bob Moritz, 562 Lincoln Avenue, stated he owned the pie shaped parcel and wondered about the assessed cost for his property. He noted there are areas of the street that are in terrible condition. Although he was against the project, he thought something needed to be done on Harmony Lane. • Byron Sams, 505 Harmony Lane, commented that the condition of the street was good after the City did maintenance on it last year. He questioned if the street could last another year or two since several property owners do not have the money to pay the assessment. Doug Fratzke, 705 Harmony Lane, stated Harmony Lane is one • of the worst streets in town, and he is in favor of the project. The motion to close the hearing at 8:38 P.M. was made by Council Member Craig, seconded by Council Member Erickson and unanimously carried. LETTING NO. 4, PROJECT NO. 95 -04 (HAYDEN & OSGOOD AVENUE /FISCHER & LAKE STREET) Engineer Rodeberg reported he had prepared an engineer s report on Letting No. 4, Project No. 95 -04 and requested the Council to accept the report and set a public hearing for January 10, 1995 at 8:00 P.M. The motion was made by Council Member Peterson to approve the report for Letting No. 4, to set a public hearing for January 10, 1995, at 8:00 P.M., and to waive readings and adopt Resolutions No. 10353 and No. 10354. Motion seconded by Council Member Erickson.and unanimously carried. (c) LETTING NO. 7, PROJECTS NO. 95 -07, 95 -08 & 95 -09 (FIFTH AVENUE NE /PROSPECT ST /SIXTH AVENUE NE) Mayor Torgerson called the hearing to order and read the r 1 • • 03197 03582iRXOMB NO. 0607- 0094:APPROVAL EXPIRES 2/28/95 ,OF. C -404 U.S. UEPARTMENT OF COMMERCE 1 (1.25a11 wK�JOFTHECENaua Period In whleh pernks Issued � JANUARY 1995 i (Peas, correct any anon in name sM sddress including ZIP Codal REPORT OF BUILDING OR ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 357400 27 4 9999 085 7 0 26 9999 02730 JAMES MARKA BLDG OFFICIAL FOR CITY OF HUTCHINSON If your bui lding permit System has changed, mark IX) appropriate box below and explain HUTCHINSON CTY CTR 111 HASSAN ST S In eommenb. HUTCHINSON MN 55350 ❑ Discontinued Issuing permits ❑ Merged with another system ❑ Split into two or more systems ❑ Annexed land areas PLEASE COMPLETE AND MAIL I ❑ Had other changes g THIS FORM ON OR BEFORE FE BRUA R► 4 1995 Ifne permits were issued during Bureau of the Census Instructions are included. For this period, mark IX) in the box —a. ❑ 1201 East 10th Street further assistance, call collect and return this form e e Jeffersonville, IN 47132 -0001 13011763-7244. NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED HOUSEKEEPING Item Number of Valuation of Number of Valuation of No Buildings Housing Buildings Housing BUILDINGS construction construction units Omit cents units Omit cents (e) (b) Ic) (d) Iel 10 (g) Single - family, houses. detached Exclude mobile homes. 101 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) 102 Two family buildings 103 Three -and four - family buildings 104 Five -or -more family buildings 108 TOTAL — Sum of 101 -105 108 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLYOWNED NONHOUSE KEEPING BUILDINGS Item Number of Valuation of Number of Valuation of No. Buildings Rooms Buildings construction Omit cents Rooms construction Omit cents el (bl Ic? id) lel If) (g) Hotels, motels, and tourist cabins (transient accommodations only) 213 Other nonhousekeeping shelter 214 NEW NONRESIDENTIAL PRIVATELY OWNED PUBLICLYOWNED BUILDINGS Item Number Valuation of Number Valuation of No. of construction of construction buildings Omit cents buildings Omit cents (a) (b) 1c) Id) (a) Amusement, social, and recreational 31 Churches and other religious 318 Industrial 320 Parking garages (buildings and open deckedl 321 Service stations and repair garages 322 Hospitals and institutional 32; Offices, banks, and professional 324 Public works and utilities 3; Schools and other educational 32 Stores and customer Services 327 1 250,LIIU Other nonresidential building- 328 1 150,764 Structures other than buildings 329 ADDITIONS, PRIVATELY OWNED PUBLICLYOWNED ALTERATIONS, AND CONVERSIONS Item Number Valuation of Number Valuation of No. of construction of construction buildings Omit cents buildings Omit cams (a) (b) lel lal Isl Residential — Classify additions of garages and carports in item 438. 434 9 87, Nonresidential and nonhousekeeping 437 2 35, 890 Additions of residential garages and carports (attached and detachedl 43 PLEASE CONTINUE ON REVERSE SIDE fatal Permits 14 TDFa`. Valuation $523,654. DEMOLITIONS AND PRIVATELY OWNED P BLI LY WN D Number of Number of RAZING OF Item BUILDINGS No. Buildings Housing Buildings Housing units units (a) (b) Icl Id1 lel Single - family houses lattached and detached) 845 t 1 Two - family buildings Three- and four - family buildings 'Five-or-more 847 family buildings 848 All other buildings and structures 849 INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT $500,0000R MORE Please provide the following information for each permit authorizing construction valued at $500,000 or more entered in sections l through IV. Item Number of No. from Description N and address of Owner- ship plX) aluation of sec. owner or builder Mark construction Omit cents Housing units Buildings I —IV One fal (b) Icl Idl (e) Ifl (a) Kind of building _ ____ _______________________________ Private _______________________ Sib adtlress 3 KiM of Wsdmg ____ _______ ________________________ ❑Private She addrau Public S Kind of building ____ _______________________________ ❑Private Site address ----------------------------------- ❑Public Kind of building __ ____________ __________ ___________ ❑ Private _______________________________ Site eaereea - _____________________ []Public 3 Kind of Wilding l 0 Private ------------------------------------------------------------- She address ________ ❑Public 3 Kind of Wilding i ____ _______________________________ ❑ Private Shs address _________________ ________ El Public 9 Kind of Weairq i _ ____ _______________________________ ❑Prints s______ She d@ess 8 KIrW of Wilding ____ _______________________________ Private ! She addrae ___ ❑Public S ind of Wildirq __________ _____ ❑ Privet - _________________ ________________ Site address "_________ _______________ -- -- - - -' Public 3 Comments An "m aware of any new parmiFlaaldng juriad"olni ❑ No ❑ Yea — Please give additional information in commenrs. Name of Person to contact regarding this report Jellies 6. Parka Telephone Ares code Number Extension Title gfilding pfPtcial 612 234 -4276 iglM C 90114M911 9 • • HUTCHINSON AIRPORT COMMISSION MINUTES JANUARY 30, 1995 Meeting called to order by Mayor Marlin Torgerson at 7:20 p.m.. Members present: Mayor Marlin Torgerson, Joe Dooley, Jim Faber and Tim Miller. Members absent: Dave Skaar and Dennis Kahl. City Staff present: Doug Meier. Guests present: Bernie Knutson, Tim Eakins and Tom Parker. Motion made by Tom Miller and seconded by Jim Faber that Chuck Zimmerman be considered an out -of -town resident, and he is to remain on the out -of -town hangar waiting list. Motion passed unanimously. ..L - Motion made by Tim Miller and seconded by Joe Dooley requesting the temporary closing of Butler Field for short periods of time on the following dates: May 20th, 1995 - Air Show and outing of the District Chapter Crow River Boy /Cub Scouts. August 18th thru' the 22nd, 1995 - McLeod County Fair, for 1 to 2 hours each afternoon. AuQUSt 26th and 27th, 1995 - Airport Open House. Motion passed unanimously. • *NOTE: Request a seperate letter indicating Council approval per specified dates for each event. Addressed 'To Whom It May Concern', and all three letters are to be sent to Joe Dooley, Hutchinson, MN. Sky Dive Hutch will be holding their Grand Opening on Memorial Day weekend. Meeting adjourned at 8:00 p.m.. Next Meeting scheduled for February 27th, 1995, 7:30 p.m. at the Airport Lobby. Report submitted by Doug Meier. i Hutchinson Public Library Board Meeting Monday, January 24, 1995 4:30 P.M. Members Present: Mary Henke, Dolores Brunner, Sue Munz, Bill Scherer, Rov Johnsen,PLS, Larry Ladd, PLS; Joyce Beytien Members Absent: Paul Berg, Paul Wright Minutes were reviewed from the November Meeting. Larry Ladd gave the Board an update on the proposed sign for the Main Street side of the Library. Questions were discussed concerning possible funding, fees, and rationale for Internet. Bill Scherer and other members will look into finding a display case for the library. A Farewell lunch was held for Barb Whittenberg. Mr. Archie Kucera is serving the Library very well as the new custodian. Mary and Dolores are continuing the search for the purchase of • a FAX. If the library's budget is approved by the City Council, it will include the addition of three hours per week. On Tuesdays, Wednesdays and Thursdays the library would open at 12:00 Noon instead of 1:00 P.M. The new hours will be published in the paper and on the radio. Motion was made and passed to accept the change /addition of hours.(Sue Munz — Bill Scherer) Some additional book —bins may be needed for the children's book section as reorganization continues in alphabetizing the childrens' picture books. The proposed grant application to 3M has been sent to St.Paul. (Roy Johnsen) The next meeting will be Monday, March 13, 1995 at 4:30 P.M. The meeting was adjourned. Joyce Beytien Secretary `J ,// -,�, ol) i Cam- r�r, REVISED ORDINANCE NO. 95 -130, 2ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING A FRANCHISE TO JOSEPH DOOLEY AND CHERYL DOOLEY AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. Joseph Dooley and Cheryl Dooley, husband and wife, are the owners in fee simple of certain real estate located in the City of Hutchinson legally described as follows: The North 51 feet of Lot 12 in Block 7 in the Townsite of Hutchinson, South Half. Section 2. Said real estate abuts municipal right of way also located in the City of Hutchinson. Section 3. As a result of a construction error, a building located principally on the property described in Section 1 herein encroaches upon the adjacent right of way. It is in the public interest and in the best interests of the City of Hutchinson to grant a franchise in connection with the encroachment upon City right of way to Joseph Dooley and Cheryl Dooley. • Section 4. Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City to grant such a franchise covering the following described real estate: See attached Exhibit "A" which is incorporated as if fully set out herein. Section 5. This franchise is subject to the requirements of the Hutchinson City Charter and shall expire twenty (20) years from the date hereof. Section 6. This ordinance shall take effect from and after passage and publication and shall become effective upon payment of the expenses outlined in the City Charter. Adopted by the City Council this28th day of February, 1995. Attest: • Gary D. Plotz City Administrator Marlin Torgerson, Mayor DESCRIPTION FOR JOE DOOLEY That part of Jefferson Street described as follows: Beginning at the northeast corner of Block 7, TOWNSITE OF HUTCHINSON SOUTH HALF: Thence easterly, along the easterly prolongation of the north line of said Block 7, a distance of 1. 60 feet; thence southerly, parallel Jth the east line of said Block 7, a distance of 28.50 feet; thence westerly, parallel with said easterly prolongation of the nortlli line, a distance of 1.50 feet to said east like; thence northerly, along said east line, a distance cf 28.60 feet to the point of beginnning. • C J • DAVID B. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON* STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE ** RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD ALSO ADM'. -ED IN TEXAS AND NEW YORK February 10, 1995 ARNOLD, ANDERSON & DOVE PROFE55IONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 5881 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55416 -1492 Gary D. Plotz Hutchinson City Administrator Hutchinson City Center 1 I I Hassan St SE Hutchinson, MN 55350 (612) 545 -9000 FAX (6 12 1 545 -1793 Re: Cable television franchise renewal issues Dear Gary: OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389 -5506 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 (612) 587 -7575 FAX (612) 587 -4096 FOR YOUR INf_ORMATLION This correspondence will bring the Council up to date on the above referenced matter. To provide some background, I am enclosing copies of my most recent correspondence to Tom Creighton along with a copy of my letter of January 24, 1995. Local office. Creighton has told Midwest Cable that they will have to have a local office of some sort during the reconstruction process and they do not object to this requirement. As to the longer term, Midwest has said that they have no plans to close the Hutchinson office and this is particularly true because Hutchinson is the largest system in their Minnesota holdings. However, they do not want to be locked into a long term requirement. As a compromise position,they will agree to provide free pick up and delivery of any equipment as well as a local facility for the payment of bills in the event the office is closed. This seems to be a not unreasonable suggestion. Effective competition. This is prinicipally an issue for the support of HCVN. If effective competition occurs, Midwest wants to be relieved of the additional fifty cents per subscriber charge that will show up on bills for the support of HCVN (a total of • eighty five cents will be charged to each billing unit). Under the revised proposal to be presented to you Tuesday evening, effective competition will be defined as a drop of ten J/-8(z) CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATi� percent in one year in the number of subscribers or penetration of the market by a . compeititor at the fifteen percent level or greater (of total households in Hutchinson - -this would mean about 900 homes or thereabouts). Since Midwest is adding about one hundred to one hundred and fifty subscribers per years, the actual number of subscribers who would have to leave the system is more than ten per cent. Although this provision is not as tight as the commission would like, it is worth noting, as Creighton points out, that Midwest has no obligation to pay for operating expenses of public access notwithstanding the prior franchise agreement which did so provide. Billing issues, Creighton confirmed that Midwest does have the right to show the eight, five cents payable to HCVN on the bill and they will want to do so. FM Service issues This issue seems to be the orphan of the discussion. Creighton didn't think it was a problem but it is not something that the parties have visited about at any great length. I expect the final franchise document to be ready for approval by the Council on Tuesdav evening. The Telecommunications Commission will meet Tuesday at 5:15 PM to discuss these, as well as other, issues. Please not hesitate to contact me with questions. G. Barry Anderson FOR THE FIRM GBA;ga cc: Tom Creighton Telecommunications Commission Members CJ • 0 DAVID S. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON' STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE— RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD AL_- ADMITTED IN -ES<S AND NEW TOAK ARNOLD. ANDERSON & DOVE PROFE551ONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAZY 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 Mr. Thomas D. Creighton Bernick & Lifson Suite 1200 The Collonade 5500 Wayzata Boulevard Minneapolis, Mn. 55416 (612) 587 -7575 FAX(612)587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON January 24, 1995 Re: Hutchinson Cable TV Services Our File No. 3244 -92054 OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 5661 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 554!6 1 61 21 545 -5000 FAX 16121 545 -1793 501 SOUTH FOURTH STREET PRINCETON. M NNESOTA 55371 1612! 389 -2214 FAX 6121 369 -5506 Dear Tom: • Although I had to leave the meeting before it concluded last night, and•thus you should rely on your own notes of the meeting regarding the issues raised by the Committee, there were a couple of matters discussed that are of some concern and I wanted to summarize them. First, the question of effective competition was raised. Put most briefly, the language in the agreement grants the franchise holder the right to decimate funding for public access television if "effective competition" as defined by federal law exists. This raises all sorts of questions; for example, is effective competition a direct broadcast satellite programming? If that is true, and if the 15% level is all that is required, I don't think it is at all unlikely that 300 or 400 homes might acquire direct broadcast satellite services. If that were to happen, is that sufficient to trigger the right to significantly reduce funding for public access television. Who makes the determination that such competition exists? After all, the whole point of DBS service is the small size of the satellite dish. Will these decisions be made by surveys, by actual inspection or by guess and by gullie? If my recollection is correct, at one point there was discussion about dealing with the effective competition issue using a gross revenue analysis. Although I do not have authority to speak for the Committee, the thought occurs to me that once a certain drop in gross revenues has occurred, on an annual basis, then in that • event, it might make sense to make a similar adjustment in public access funding. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION LW Mr. Thomas Creighton January 24, 1995 Page 2 If, for the sake of argument, we accept 15% as the level of "effective competition," than if there is a 15% or greater drop in gross revenues, it is not unreasonable for the company to look for a corresponding reduction in support for public access. There may be other permutations that also protect both parties and I leave it to your creativity to address them. Some of the nervousness on the part of public access television regarding this effective competition issue comes directly from the gross revenue figure which we received, for the first time, last Thursday. That gross revenue figure, $1,001,000 (approximately) is significantly less than the informal number that we were provided earlier. My point here is that the combination of the 85 cents per subscriber for public access support and one half of the franchise tax revenue, based on that gross revenue figure, yields support for public access of only a couple of thousand dollars more than the annual level of support presently experienced. HCVN can certainly run its operations on that budget, but obviously, the margin for error drops substantially in comparison to where we thought we were some months ago. • The second issue that was discussed at some length had to do with the question of a local office. I understand the desire of the company to streamline operations and to achieve as many economies and efficiencies to scale as possible. I also recognize, from a technical standpoint, that it is unlikely that a person working in a local office will be immediately able to solve a customer's complaint or problem. Our experience in the past with the responsiveness of franchise holders is such that I believe the Council will feel fairly strongly about the need to retain a local presence even though we acknowledge, as we must, that there is no effective control over the quality and number of personnel assigned to the office. I certainly think, that over a 15 year franchise period, it is more than reasonable for the company to request that the requirement for a local office be subject to negotiation as the years unfold. I must say that a 5 to 7 year positive experience with a responsive cable franchise holder might very well cause some future Council to be less concerned about the need for a local office. The reverse, of course, is also true. Third, although we did not have a chance to discuss it, I did mention to Bob last week that we need to get together on the status • of your bill to the City for services provided to the City. The . Mr. Thomas Creighton January 24, 1995 Page 3 $5,000 cap previously agreed to was exceeded and we need to come up with what I hope will be a joint recommendation to the Council to compensate you for services rendered to the City. I recognize that some of the work that has been underway (for example, your efforts relating to the Country Club Terrace issue) may have been more extensive than originally contemplated and there are other factors driving these negotiations as well. I can already see that we are probably not going to be able to resolve this issue in time for this evening's Council meeting and it probably makes sense to wrap up not only the franchise, but also this issue at the same time, whenever that time might be. Under action taken by the City Council at its last regularly scheduled meeting, the franchise presently in place was extended to the effective date of the new franchise, but in any event, no later than March 1, 1995. I do agree with you that it is time to bring these discussions to closure. The Council will meet this evening so if there is • additional information to relay to the Council, please contact me sometime today. Thank you for your efforts. Best personal regards. Very truly yours, ARNOLD, ANDERSON & DOVE, P.L.L.P. I _ J lr G. Barry Anderson GBA:lm CC Telecommunications Commission City Council Members HCVN Board Members • 0 0 DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON* STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL 0. DOVE— RICHARD G. McGEE CATHRYN D- FISHER GINA M. BRANDT BRETT O. ARNOLD A -50 ADMITTED IN TEXAS AND NEW YORK ARNOLD, ANDERSON & DOVE PPQFESS13NAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW ICI PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 Mr. Thomas D. Creighton Bernick & Lifson Suite 1200 The Collonade 5500 Wayzata Boulevard Minneapolis, Mn. 55416 (612) 587 -7575 FAX (6121 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON January 12, 1995 Re: Hutchinson Cable TV Services Our File No. 3244 -92054 Dear Tom: JAN 17 19Qs OF COUNSEL RAYMOND C. LALLIER JANE VAN \ALKENSURG 5681 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 554;6 (612) 545 -9000 FAX (612; 545 -1793 5C1 SOUTH FOURTH STREET PRINCETON, M'. NNESOTA 55371 (612) 359 -2214 FAX (612 389 -5506 Although I may very well have additional questions about the ordinance upon further review, one issue that did come up is the requirement that the City make available any easements that it has for other purposes so that the same can be used for CATV purposes. This is not a problem relative to easements held by City since virtually all such easements are general utility easements. As you well know, however, easements held by the Utilities Commission, which is a separately chartered entity, refer only to gas and electricity. For example, the easement at the mobile home park is limited in this fashion. Thus, the City may not be able to provide the easement access as requested depending on the specific language of the easement. I think the addition of some language to the effect "unless otherwise prohibited by law" or something similar would make it clear that the City is not going to be in default for failing to deliver that which it cannot deliver; in other words, to the extent the property owner is successful in persuading a court or other tribunal of competent jurisdiction that the City does not have authority to allow cable to use the easement, the City will not be found in default based on those circumstances. I recognize this is an extremely minor point, but if you and Jane Is could discuss this issue and make sure appropriate language is included in the final draft of the agreement, it would be much appreciated. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION `RT'Flc IT A PEA ___cE= ... _ _ _, - _ - _LR __ Mr. Tom Creighton January 12, 1995 Page 2 Additionally, I would like to have a clean copy, as well as a redlined copy, to be approved by the Council at its January 24, 1995 meeting. For deadline purposes, I would like to have these documents by the close of business on Thursday, January 19, 1995. Copies should be sent to Marilyn Swanson for inclusion in the council packet to be considered the following week. Thank you. Very truly yours, J�RNOLD, ANDERSON �ry G. B ry Anderson GBA:lm CC P,arul Ackland ary Plotz Sue Potter & DOVE, P.L.L.P. 0 0 • 0 ROSS A. SVSSMAn ns.L r. S...,no GAUL A eavnlCK' -�OMAi O. C6 (•OM•Oh SCOTT A. �1'50N 51,10 K PAVL J. OVA.ST• Tw([(6A M. MO WAL[4: RC YCC CA r MCLTS[R 60a2RT J V. VOSL BERNICK AND UFSON A PAOF[Sa10NA6 ASSOC'. ATION ATTOQNCYS AT LAW SIiTa 1200, TML CO- QnNAO[ 9e00 WA�SATA 6OVLL VI.gO MINNEAPOLIS, MINNESOTA 55416-1270 TCLGP�ONL 164E 6.6.1600 FAC6IM11C IO121 546-00A February 10, 1995 Via Telecooier and U.S. Mail Mr. Gary Plotz City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 -2439 Re: Franchise Renewal Dear Gary: uSC Ce2T'.n G. •ce_.G ne[]V N11h♦ LCO•.L ASSiSTANTi e0 •OOwN d OAN M. SC�C�K [119 it A!n ArN O MASTERMAN Enclosed please find a copy of the renewed Hutchinson Cable Franchise Ordinance which I will recommend for adoption by the City Council at its meeting Tuesday, February 14, 1995. Also enclosed please find two pages which highlight our proposal to resolve the last disputed issues with the company. Please be informed that I recommend the Company be required by the Franchise to continue to fund access programming at an amount of $.85 per subscriber per month unless or until the Company realizes a ten percent (10%) loss in subscribers as measured yearly, The Company's final proposal was that it be relieved of this access funding requirement if it realized a five percent (5%) migration of subscribers from the expanded service tiers to the basic service tier. A wide variety of formulae were discussed by the parties to allow the Company to reduce access ftinding in the event competition, not subject to such access requirements, were to cause a loss of subscribers or otherwise substantially harm the Company's profitability. This issue remains in dispute. TDC'rs Enclosures Nf. r'2 Rom - dnria TCnn i r'�.�..1 1 Sincerely, BERNICK AND LEF'SON, P.A. Thomas D. Creighton • ORDINANCE NO. 95 -131 AN ORDINANCE GRANTING A FRANCHISE TO DD CABLE HOLDINGS, INC. TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF HUTCHINSON; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS The City Council of the City of Hutchinson ordains: STATEMENT OF INTENT AND PURPOSE The City intends, by the adoption of this Franchise, to bring about the development of a Cable Communications System, and the continued operation of it. Such a development can contribute significantly to the communication needs and desires of many. Further, the City may achieve better utilization and improvement of public services with the development and operation of a Cable Communication System. Past studies by the City have led the way for organizing a means of procuring and securing of Cable Communications System which, in the judgment of the Council, is best suited to the City. This has resulted in the preparation and adoption of this Franchise. FINDINGS In the review of the Renewal Proposal and application of DD Cable Holdings, Inc. ( "Grantee "), and as a result of a public hearing, the City Council makes the following findings: A. The Grantee's technical ability, fmancial condition, legal qualifications, and character were considered and approved in a full public proceeding after due notice and a reasonable opportunity to be heard; B. Grantee's plans for constructing, upgrading, and operating the System were considered and found adequate and feasible in a full public proceeding after due notice and a reasonable opportunity to be heard; C. The Franchise granted to Grantee by the City complies with the existing applicable Mitmesota Statutes, federal laws and regulations; and D. The Franchise granted to Grantee is nonexclusive. 9 '33= C2: IT95 SECTION 1. SHORT TITLE AND DEFINITIONS 1.1) Short Title, This Franchise Ordinance shall be known and cited as the Cable Communications Ordinance, 1.2) Definitions. For the purposes of this Franchise, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. A. "Basic Cable Service" means any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by the franchise to be carried on the basic tier. Basic Cable Service as defined herein shall not be inconsistent. with 47 1:.S.C. § 543(b)(7) (1993). B. T&" means City of Hutchinson, a municipal corporation, in the State of Minnesota, acting by and through its City Council. C. "Cia Council" means the Hutchinson, Minnesota City Council. D. "Cable Communications System" or "System" means a system of antennas, cables, wires, lines, towers, waveguides, or other conductors, Converters, equipment, or facilities located in City and designed and constructed for the purpose of producing, receiving, transmitting, amplifying, or distributing audio, video, and other forms of electronic signals in City. System as defined herein shall not be inconsistent with the definition as set forth in Minn. Star. § 238.02, subd. 3 (1990) and 47 U,S.C. § 522(6) (1993). E. "Cable Programming Service" means any video programming provided over a cable system, regardless of service tier, including installation or rental of equipment used for the receipt of such video programming, other than: (1) Video programming carried on the Basic Service Tier; (2) Video programming offered on a pay- per - channel or pay - per - program basis; or (3) A combination of multiple channels of pay - per - channel or pay- per - program video programming offered on a multiplexed or time - shifted basis so long as the combined service: (i) consists of commonly- identified video programming; and (ii) is not bundled with any regulated tier of service. 9.36 02, 101" 2 0 ?C • Cable Programming Service as defined herein shall not be inconsistent with the definition as set forth in 47 U.S.C. § 543(l)(2) (1993) and 47 C.F.R. 76.901(b) (1993). F. "Cable Communications Service" means the provision of television reception, communications and/or entertainment services regulated pursuant to Minn. Stat. § 238.01 ri =. as may be amended from time to time for direct or indirect compensation, or as otherwise provided by this Franchise Ordinance, and distributing the same over a Cable Communications System. This definition shall not include telephone services regulated pursuant to Minn, Stat. § 237.01 gl M. as may be amended from time to time. G. "Class IV Cable Communications CbMl" means a signaling path provided by a Cable Communications System to transmit signals of any type from a Subscriber terminal to another point in the System. H. "Converter" means an electronic device which converts signals to a frequency acceptable to a television receiver of a Subscriber and by an appropriate selector permits a Subscriber to view all Subscriber signals included in the service. 1. "Drop" means the cable that connects the ground block on the Subscriber's residence to the nearest feeder cable of the System. • J. "FCC" means the Federal Communications Commission and any legally appointed, designated or elected agent or successor. K. "Grantee" is DD Cable Holdings, Inc„ its agents and employees, lawful successors, transferees or assignees. L. "Gross Revenues" means all revenue received from Cable Communications Service, as defined, received directly or indirectly by the Grantee, its affiliates, subsidiaries, parent, or person in which Grantee has financial interest of five percent (5 %' ) or more from the operation of its System within City including but not limited to Basic Cable Service fees, Cable Programming Service fees, Pay Television fees, Installation and reconnection fees, upgrade and downgrade fees, Converter rental, Lockout Device fees, advertising revenue or other services. The term Gross Revenues shall not include franchise fees, Access Operating Fees, access capital fund fees or any taxes or fees on services furnished by Grantee imposed directly on any Subscriber or user by any municipality, state, or other governmental unit and collected by Grantee for such governmental unit nor shall include revenues for signals originating in or passing through the franchise area unless Grantee receives revenue for such signal which has not already Lhr wise been directly or indirectly subject to a franchise fee or similar tax, in which case said revenues will be considered Gross Revenues for the purpose of this franchise. M. "Installation" means the connection of the System from feeder cable to the point of connection, including Standard Installations and custom installations. r:31W 02n0/95 N. "Lockout Device" means an optional mechanical or electrical accessory to a • Subscriber's terminal which inhibits the viewing of a certain program, certain channel, or certain channels provided by way of the Cable Communication System. O. "Pay Television" means the delivery over the System of pay - per - channel or pay - per - program audio - visual signals to Subscribers for a fee or charge, in addition to the charge for Basic Cable Service or Cable Programming Services. P. "P 'En=" is any person, firm, partnership, association, corporation, company, or other legal entity. Q, "Standard Installation" means any residential installation which can be completed using a Drop of one hundred fifty (150) feet or less. R, "Street" means the surface of, and the space above and below, any public street, road, highway, freeway, lane, alley, path, court, sidewalk, parkway, or drive, or any easement or right -of -way now or hereafter held by City. S. "Subscribe r" means any Person who lawfully receives Cable Television Service. In the case of multiple office buildings or multiple dwelling units, the "Subscriber" means the lessee, tenant or occupant. SECTION 2. • GRANT OF AUTHORITY AND GENERAL PROVISIONS 2,1) Franchise Required. It shall be unlawful for any Person to construct, operate or maintain a Cable Communications System in City unless such Person or the Person for whom >uch action is being taken shall have fast obtained and shall currently hold a valid Franchise Ordinance. It shall also be unlawful for any Person to provide Cable Television Service in City unless such Person shall have first obtained and shall currently hold a valid Franchise Ordinance. All Cade Communications Franchises granted by City shall contain the same substantive terms and conditions, 2.2) Grant of Franchise. This Franchise is granted pursuant to the terms and conditions contained herein. 23) Grant of Nonexclusive Authority. A. The Grantee shall have the right and privilege to construct, erect, operate, and maintain, in, upon, along, across, above, over and under the Streets, alleys, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto in City, poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in City of a Cable Communications System as herein defined. The Cable Communications 9 33w. ,X, 1GM 4 • System constructed and maintained by Grantee or its agents shall not interfere with other uses of Streets. Grantee shall snake use of existing poles and other facilities available to Grantee to the extent it is technically and economically feasible to do so. B. Notwithstanding the above grant to use Streets, no Street shall be used by Grantee if City, in its sole opinion, determines that such use is inconsistent with the terms, conditions, or provisions by which such Street was created or dedicated, or with the present use of the Street. C. This Franchise shall be nonexclusive, and City reserves the right to grant a similar use of said Streets, alleys, public ways and places, to any Person at any time during the period of this Franchise, provided, however, that any additional Cable Franchise grants shall be under the same substantive terms and conditions as this Franchise. D. Grantee shall have the authority to use City easements, public rights -of -way, Streets and other conduits for the distribution of Grantee's System. The City may require all developers of future subdivisions to allow and accommodate the construction of the System as part of any provisions for utilities to serve such subdivisions. 14) Franchise Term. This Franchise shah be in effect for a period of fifteen (15) is years from the date of acceptance by Grantee, unless renewed, revoked or terminated sooner as herein provided. 2151 Previous Franchises. Upon acceptance by Grantee as required by Section 13 herein, this Franchise shall supersede and replace any previous Ordinance or Agreement graining a Franchise to Grantee to own, operate and maintain a Cable Communications System within City. Ordinance No. is hereby expressly repealed, 2.6) Compliance with Applicable Laws. Resolutions and Ordinances. The Grantee shall at all times during the life of this Franchise be subject to all lawful exercise of the police power, statutory rights and the right of eminent domain by City. This Franchise shall comply with the Minnesota franchise standards contained in Minn. Stat. $ 238.01 21 Mg. 2.7) Rules of Czan P . The Grantee shall have the authority to promulgate such rules, regullarions, Terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its rights and perform its obligation under this Franchise and to assure uninterrupted service to each and all of its Subscribers; provided that such rules, regulations, terms and conditions shall not be in conflict with provisions hereto, the rules Qf ,he FCC, the laws of the State of Minnesota. City, or any other body having lawful jurisdiction thereof, 2.8) Territorial Area Involved, This Franchise is granted for the corporate boundaries of City, as it exists from time to time. In the event of annexation by City, or as development occurs, any new territory shall become part of the area covered, provided, however, that 9!33= 02110/95 5 Grantee shall not be required to extend service beyond its present System boundaries unless there • is a minimum of forty (40) homes per cable mile. Access to cable service shall not be denied to any group of potential residential cable Subscribers because of the income of the residents of the area i^ which such group resides. Grantee shall be given a reasonable period of time to construct and activate cable plant to service annexed or newly aeveiopea areas. 2.9) Written Notice. All notices, reports, or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of Grantee or City's Administrator of this Franchise or forty-eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Hutchinson Mr. Gary Plotz City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 -2439 With copies to: Mr. G. Barry Anderson City Attorney Al2N1OLD & McDOVVELL 101 Park Place Hutchinson, Minnesota 55350 -2563 If to Grantee: DD Cable Holdings, Inc. 4062 West County Road 42 Savage, Minnesota 55378 Attention: Regional Manager With copies to: Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 Attention. Jane E. Bremer, Esq. Intermedia Partners 11, L.P. 235 Montgomery Street Suite 435 San Francisco, California 94104 Attention: Legal Department Such addresses may be changed by either party upon notice to the other party given as provided in this Section. 9 33&m 02110x93 6 0 41 2. 10) Drops to Public Buildings. Grantee shall provide Installation of one (1) cable Drop, one (1) cable outlet, and monthly Basic Cable Service without charge to the following institutions and such other public or educational institutions located within one hundred fifty (150) feet of the System which City may designate: Hutchinson City Hall (current upstream capability to be maintained) Technical College Public Schools Hospital (lounge) Burns Manor Grantee shall also offer XPress, to the extent available, for subscription by public institutions and shall not be obligated to offer an alternative to XPress in the event the service becomes unavailable. Alternative service(s), if any, will be made available only upon terms and conditions mutually acceptable to City and Grantee. No redistribution of the free Basic Cable Service provided pursuant to this Section shall be allowed. Additional Drops and/or outlets in any of the above locations will be provided by Grantee at the cost of Grantee's time and material. Alternatively, at the institution's request, said institution may add outlets at its own expense, as long as such installation meets Grantee's standards and provided that any fees for Cable Communications Services are paid. Nothing herein shall be construed as requiring Grantee to extend the System to serve additional institutions as may be designated by City. Grantee shall have one (1) year from the date of City Council designation of additional institution(s) to complete construction of the Drop and outlet. SECTION 3. CONSTRUCTION STALNDARDS 3:1) Construction Standards. If the System, or subsequent rebuilds or extensions, proposed for the Franchise area consist of fewer than one hundred (100) plant miles of cable: A. within ninety (90) days of the granting of the Franchise, the Grantee shall apply for the necessary governmental permits, licenses, certificates, and authorizations; B. The energized trunk cable must be extended substantially throughout the authorized area within one (1) year after receipt of the necessary governmental permits, licenses, certificates, and authorizations and the Persons along the route of the energized cable shall have individual Drops as desired during the same period of time; and C. The above - stated requirements may be waived by City only upon occurrence of act beyond the reasonable control of Grantee or acts of God. 9 33= ,011:6195 7 1,C, A. Grantee shall obtain all necessary permits from City before commencing any construction upgrade or extension of the System, including the opening or disturbance of any Street, or private or public property within City. Grantee shall strictly adhere to all state and local laws and building and zoning codes currently or hereafter applicable to construction, operation or maintenance of the System in City and give due consideration at all times to the aesthetics of the property, B. The City shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise and to make such tests at its own expense as it shall find necessary to ensure compliance with the terms of the Franchise and applicable provisions of local, state and federal law. 3.3) Repair of Streets and Property. Any and all Streets or public property or private property, which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of the System shall be promptly and fully restored by Grantee, at its expense, to a condition as good as that prevailing prior to Grantee's work, as approved by City in the case of Streets and other public property. If Grantee shall fail to promptly perform the restoration required herein, City shall have the right to put the streets, public, or private property, back into good condition. City reserves its rights to pursue reimbursement for such restoration from Grantee. 3.4) Conditions on Street Use. A. Nothing in this Franchise shall be construed to prevent City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and;or altering any Street; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. B. All System transmission and distribution structures, lines and equipment erected by the Grantee within City shall be located so as not to obstruct or interfere with the proper use of Streets, alleys and other public ways and places, and to cause minimum interference with the rights of property owners who abut any of the said Streets, alleys and other public ways and places, and not to interfere with existing public utility installations: The Grantee shall furnish to and file with City Administrator the maps, plats, and permanent records of the location and character of all facilities constructed, including underground facilities, and Grantee shall file with City updates of such maps, plats and permanent records annually if changes have been mace in me System. C. If at any time during the period of this Franchise City shall elect to alter, or change the grade or location of any Street, alley or other public way, the Grantee shall, at its own expense, upon reasonable notice by City, remove and relocate its poles, wires, cables, condui s, manholes and other fixtures of the System, and in each instance comply 9A3cm 32V:a'95 8 • with the standards and specifications of City. If City reimburses other occupants of the Street, Grantee shall be likewise reimbursed. D. The Grantee shall not place poles, conduits, or other fixtures of System above or below ground where the same will interfere with any gas, electric, telephone, water or other utility fixtures and all such poles, conduits, or other fixtures placed in any Street shall be so placed as to comply with all requirements of City, E. The Grantee shall, on request of any Person holding a moving permit issued by City, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same, and the Grantee shall be given not less than ten (10) days advance notice to arrange for such temporary changes. F. The Grantee shall have the authority to trim any trees upon and overhanging the Streets, alleys, sidewalks, or public easements of City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee. G. Nothing contained in this Franchise shall relieve any Person from liability arising out of the failure to exercise reasonable care to avoid injuring Grantee's facilities, 3.5) Undergrounding of Cable. A. In all areas of City where all other utility lines are placed underground, Grantee shall constrict and install its cables, wires and other facilities underground. Amplifier boxes and pedestal mounted terminal boxes may be placed above ground if existing technology reasonably requires, but shall be of such size and design and shall be so located as not to be unsightly or unsafe. B. In any area of City where there are certain cables, wires and other like facilities of a public utility or public utility district underground and at least one operable cable, wire or like facility of a public utility or public utility district suspended above the ground from poles Grantee may construct and install its cables, wires and other facilities from the same pole with the consent of the owner of the pole. C. Grantee shall be granted access to any easements granted to a public utility•, municipal utility or unity district in any areas annexed by City or new developments. D. Erection. Removal and Joint Use of Poles. No poles, conduits, or other wire - holding structures shall be erected or installed by the Grantee without prior approval of City with regard to location, height, type and other pertinent aspects. 9:33= x2/10/9! 9 • f "• Z . . °.13 A. The Grantee shall at all times employ ordinary and reasonable care and shall irstal'• and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public, B. The Gramee shall install and maintain its System wires, cables, fixtures and other equipment in accordance with the requirements of the National Electric Safety Code and all FCC, state and local regulations, and in such manner that they will not interfere with any installations of City or of any public utility serving City. C. All System structures and all System lines, equipment and connections in, over, under and upon the Streets, sidewalks, alleys, and public ways and places of City, wherever situated or located, shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any Person. SECTION 4. DESIGN PROVISIONS A. Grantee shall provide a System which utilizes 550 Mhz equipment and which is capable of delivering a minimum of sixty (60) channels within three (3) years of the Effective Date of this Ordinance. Grantee agrees to use its best efforts to program a minimum of sixty (60) channels with video programming; however, City and Grantee acknowledge that determination of the most advantageous use of channel capacity depends on a variety of factors including impact on rates, demand for various services, federal, state and local laws and regulations, and the technological capabilities of Grantee. Therefore, City and Grantee agree that final determination on channel capacity use based on these and other factors shall be in the sole discretion of Grantee pursuant to Section 4.1(C) herein. Thirty-nine (39) channels shall be activated within six (6) months of the effective date of this Ordinance. Grantee shall meet with City to review its system design and construction plans prior to the commencement of construction and shall, at the request of Cit;°, participate in a public meeting designed to inform residents of City of said design and construction plans. B. While City and Grantee agree that the System upgrade required herein will have the capacity of a minimum of sixty (60) channels utilizing 550 .Nlhz equipment, and that both parties desire a system with state -of- the -art design, and that such a system would incorporate fiber optic technology, the parties recognize that technological changes and advances are rapidly occurring such that in the future other system designs may be more E 0 advantageous to the parties considering economic and technological factors. Therefore, 0 9:33= ov 1055 10 • 02 -1C -1855 1'J[52 P.14 fiber optic trunk line at a minimum will be incorporated into the System upgrade design unless Grantee determines in its sole discretion that economic and technological factors dictate otherwise. C. A11 programming decisions remain the sole discretion of Grantee provided that Grantee notifies City and Subscribers in writing thirty (30) days prior to any channel additions, deletions, or realignments, and further subject to Grantee's signal carriage obligations pursuant to 47 U.S.C. §§ 531 -536, and subject to City's rights pursuant to 47 U.S.C. § 545. Grantee shall conduct programming surveys from time to time to obtain input on programming decisions from Subscribers. 4.2) Qperation and Maintenance of System. The Grantee shall render effective service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruption, to the extent feasible, shall be preceded by notice in accordance with Section 2.9 herein and shall occur during periods of minimum use of the System. 4.3) Technical Standards. The technical standards used in the operation of the System shall comply, at minimum, with the technical standards promulgated by the FCC relating to cable communications systems pursuant to the Federal Communications Commission's rules and regulations and found in Title 47, Section 76,601 to 76.617, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. 4.4) Special Testing. City may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. The City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers caused by such testing. Before ordering such tests, Grantee shall be afforded thirty (30) days to correct problems or complaints upon which tests were ordered. The City shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City wishes to commence special tests and the thirty (30) days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted by a qualified engineer selected by City. In the event that special testing is required by City to determine the source of technical difficulties, the cost of said testing shall be borne by the Grantee if the testing reveals the source of the technical difficulty to be within Grantee's reasonable control. If the testing reveals the difficulties to be caused by factors which are beyond Grantee's reasonable control then the cost of said test shall be borne by City. 4.5) FCC g= r►s• The results of tests required to be filed by Grantee with the FCC shall also be copied tv City . 9 33n.2 x:0/9'_ 11 iC 4.6) Nonvoice Return Capability. Grantee is required to use cable having the technical • capacity for nonvoice return communications. 4.7) Lockout Device. Upon the request of a Subscriber, Grantee shall provide by sale or lease a Lockout Device. SECTION 5. SERVICES PROVISIONS 5.1) Regulation of Service Bates. A. The City may regulate rates for the provision of cable service, equipment, or any other communications service provided over the System to the extent allowed under federal or state law(s). In exercising its jurisdiction to regulate any such rates, City will adhere to regulations adopted by the Federal Communications Commission at 47 C. F. R. , 76.400 et =. as they may be amended from time to time. B. A list of Grantee's current Subscriber rates and charges shall be maintained on file with City and shall be available for public inspection, Grantee shall give City and Subscribers written notice of any change in a rate or charge no less than thirty (30) days prior to the effective date of the change. C. In the event that City elects to exercise its jurisdiction over locally regulatable rates, it shall, After notice, hold a public hearing for the consideration of views of interested parties with respect to initial rates filed and any subsequent proposed changes in rates. 5.2) Sales Procedures. Grantee shall not exercise deceptive sales procedures when marketing its Cable Television Services within City. Grantee shall have the right to market its cable ser-vices door -to -door during reasonable hours consistent with local ordinances and regulation. • . A. Grantee shall have a publicly listed toll -free telephone number and be operated so as to receive Subscriber complaints and requests on a twenty -four (24) hour -a -day, seven (7) days -a -week basis. B. Grantee shall maintain adequate numbers of telephone lines and personnel to respond in a timely manner to schedule service calls and answer Subscriber complaints or inquiries in a manwr consistent with regulations adopted by the Federal Communications Commission at 46 C,F.R. § 76,309. 937+m m.; 3,95 12 0 C2 -i3-1995 10:53 P.15 C. Subscriber requests for repairs shall be performed, to the extent possible, within twenty -four (24) hours of the request unless conditions beyond the control of Grantee prevent such performance. D. Subject to the privacy provisions of 47 U.S.C. $ 521 Z m. (1993), City and Grantee shall prepare and maintain written records of all complaints made to them and the resolution of such complaints, including the date of such resolution. Such written records shall be on file at the office of Grantee. Grantee shall provide City with a written summary of such complaints and their resolution on a bi- annual basis. 5.4) Subscriber Contracts. Grantee shall submit any Subscriber contract utilized to City. If no written contract exists, Grantee shall file with the City Clerk a document completely and concisely stating the terms of the residential Subscriber contract offered to customers, specifically including the length of the Subscriber contract. The length and terms of any Subscriber contract shall be available for public inspection during normal business hours. 5.5) Refund Policy. In the event a Subscriber established or terminates service and receives less than a full month's service, Grantee shall prorate the monthly rate on the basis of the number of days in the period for which service was rendered to the number of days in the billing. • 5.6) Office Policy. In the event the existing Hutchinson business office is closed by Grantee, Grantee agrees to maintain a local drop box for receiving Subscriber payments and Grantee agrees to either maintain or arrange for a location where equipment can be dropped off or exchanged as is necessary or, in the alternative, establish a system for having the equipment picked up at the Subscriber residence. In all events, Grantee agrees to maintain a trained cable technician assigned to Hutchinson. SECTION 6. PUBLIC ACCESS PROVISIONS 6.1) Public. Educational and Government Access. A. City or its designee is hereby designated to operate, administer, promote, and manage access (public, education, and government programming) (hereinafter "PEG access ") to the cable system established pursuant to this Section 6. Grantee shall have no responsibility whatsoever for PEG access except as expressly stated in this Section 6. B. Grantee shall dedicate three (3) channels for PEG access use as follows: public access. educational access, and government access. All residential Subscribers who receive all or any part of the total services offered on the System shall be eligible to receive all of said three access chanuls at no additional charge, One (1) channel shall be activated upon the effective date of this Franchise and thereafter maintained, with the . two (2) additional channels to be actuated upen City request after the completion of the 10-3UM 01J10,15 13 C_ = -10 -1995 10:53 System upgrade. However, nothing herein shall be construed to diminish the City's . rights pursuant to Minn, Stat. # 238.084, incorporated herein by reference. City shall provide ninety (90) days' prior written notice to Grantee of City's intent to activate access channels and shall allow Grantee a reasonable time to vacate said channel(s) and. /or rearrange program services to accommodate City's request. C. Pursuant to Section 6.1(B) herein, Grantee shall provide to each of its Subscribers who receive all, or part of, the total services offered on the System, reception on at least one (1) specially designated access channel available for use by the general public on a first -Come, first - served, nondiscriminatory basis. The specially designated access channel may be used by local education authorities and local government on a first -come, first served, nondiscriminatory basis during those hours when the channel is not in use by the general public. During those hours that the specially designated access channel is not being used by the general public, local educational authorities or local government, the Grantee shall lease time to commercial or noncommercial users on a first -come, first- served, nondiscriminatory basis if the demand for that time arises. The Grantee may also use the specially designated access channel for local origination during those hours when the channel is not in use by the general public, local educational authorities, local government or commercial or noncommercial users who have leased time. The VHF spectrum must be used for the first specially designated access channel required in the section. Grantee shall designate the channel locations of any other access channels. Grantee and City shall mutually agree on reasonable terms and conditions for providing adequate space in Grantee's headend facility to accommodate playback equipment for • cablecasting PEG access programming; provided, however, that Grantee shall not be obligated to expand its headend to accomplish this objective. 6.2) Charges for Use. Channel time and playback of prerecorded programming on the specially designated access channel must be provided without charge to the general public. except that personnel, equipment and production costs may be assessed for live studio presentations exceeding five (5) minutes in length. Charges for production costs must be consistent with the goal of affording the public a low -cost means of television access. 6.3) Access Rules. A. City shall implement rules for use of any specially designated access channels. The initial access rules and any amendments thereto shall be maintained on file with City and available for public inspection during normal business hours. B. Prior to the cablecast of any program on any PEG access channel established herein, City shall require any Person who requests access (public, education, and government) to the System to provide written certification in a form and substance acceptable to Grantee and City which releases, indemnifies, and holds harmless City, Grantee and thcir respective employees, offices, agents, and assigns from any liability, cost, damages and expenses, including reasonable expenses for legal fees, arising or connected in any way with said program. • 10:38. , MOM 14 `J .17 6.4) Capital Grant Grantee shall provide to City a capital equipment grant in the amount of Twenty Thousand Dollars ($20,000.00) (hereinafter "Capital Grant" or "Grant ") solely for the acquisition of PEG equipment. Said Grant shall be provided to City in accordance with the following schedule: i. Ten Thousand Dollars ($10,000) on January 1, 1996; and ii. Ten Thousand Dollars ($10,000) on January 1, 1997. Upon request by City, Grantee shall act as purchasing agent for City in the acquisition of said equipment to allow City to take advantage of Grantee's bulk purchasing power. Grantee shall have no obligation to purchase or provide access equipment beyond that stated herein, or to maintain, repair or replace any access equipment. Grantee shall also collect on behalf of City a per Subscriber fee of Eighty-Five Cents (, 851 per month solely to fund access- related expenditures (hereinafter "Access Operating Fee "); provided, however, that in the event Grantee becomes subject to "effective competition" as that term is defined in 47 L.S.C. ¢ 521.01 c ggg., as amended from time to time, and specifically including Video Dialtone (VDT), as defined from time to time by the FCC, and/or Grantee experiences a ten percent (10%) decrease in the number of Subscribers in any one year period calculated upon a yearly comparison of the number of Subscribers on December 31st of each year, the Access Operating Fee shall immediately be reduced to the level of expenditure at which be competitive provider, if any, is obligated or no less than thirty five cents (.35) per Subscriber per month. Actual receipts shall be payable on a monthly basis to City. City and Grantee may agree to increase the Access Operating Fee on an annual basis. SECTION 7. OPERATION AND ADMINISTRATION PROVISIONS 7.1) Franchise Fee. A. Grantee shalt pay to City a Franchise Fee in an annual amount equal to five percent (5%) of its annual Gross Revenues. B. Payments due 01.7 under this provision shall be payable quarterly. The payment shall be made within ninety (90) days of the end of each of Grantee's fiscal quarters together with a brief report showing the basis for the computation. C. All amounts paid shall be subject to audit and recompumtion by City and acceptance of any payment shall not be construed as an accord that the amount paid is in fact the correct amount. 7.2) Access toRecord& The City shall have the right to inspect, upon reasonable novice, at any time during normal business hours, those records maintained by Grantee which 103&M OILi0 s 15 02 -!� -1985 1:55 P. 18 • relate to System operations and to Gross Revenues, subject to the privacy provisions of 47 U.S.C. § 521 gl fig. ( "Cable Act "). 7.3) Rf*_+orts to be Filed with City, Grantee shall prepare and furnish to City, at the times and in the form prescribed, such reports with respect to the operations, affairs, transactions or property, as they relate to the System, which Grantee and City may agree upon. SECTION 8. GENERAL FINANCIAL AND INSURANCE PROVISIONS :. A. At the time the Franchise becomes effective and at all times thereafter, until the Grantee has liquidated all of its obligations with City, the Grantee shall furnish a bond to City in the amount of Ten Thousand Dollars ($10,000) in a form and with such sureties as reasonably acceptable to City. This bond will be conditioned upon the faithful performance of the Grantee according to the terms of the Franchise and upon the further condition that in the event the Grantee shall fail to comply with any law, ordinance or regulation governing the Franchise, there shall be recoverable jointly and severally from the principal aria surety or me oona any damages or toss surrereu oy city as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Grantee, pits a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond, and further guaranteeing payment by the Grantee of claims, liens and taxes due City which arise by reason of the construction, operation, or maintenance of the System. The rights reserved by City with respect to the bond are in addition to all other rights City may have tender the Franchise or any other law, City may, from year to year, in its sole discretion, reduce the amount of the bond. B. If at any time Grantee undertakes additional construction of the System in City, by way of a line extension, rebuild, upgraae or otherwise, wltn a projeema cost to excess of Seventy Thousand and no! 100 Dollars ($70,000.00), Grantee shall provide a bond to City in the amount equivalent to fifteen percent (15%) of the projected additional construction cost and shall maintain such bond during the term of said additional construction. Upon completion of said additional construction, Grantee shall provide written notice to City. Within thirty (30) day of receipt of notice of completion of said additional construction, City shall give written notice to Grantee indicating whether City agrees the construction is complete or specifying those items of construction which City determines are not complete. At such time as City and Grantee mutually agree that said additional construction of the System is complete, Grantee shall provide to City a bond in the amount equal to the bond existing immediately before the commencement of said additional construction. No" herein shall be construed to require Grantee to maintain more than one (1) bond with City, 1I 1I u 02 -1C -_955 10 55 P.19 C. The time for Grantee to correct any violation or liability, shall be extended by City if the necessary action to correct such violation or liability is of such a nature or character as to require more than thirty (30) days within which to perform, provided Grantee provides written notice that it requires more than thirty (30) days to correct such violations or liability, commences the corrective action within the thirty (30) days period and thereafter uses reasonable diligence to correct the violation or liability. D. In the event this Franchise is canceled by reason of default of Grantee or revoked, City shall be entitled to collect from the performance bond that amount which is attributable to any damages sustained by City pursuant to said default or revocation. Grantee, however, shall be entitled to the return of such performance bond, or portion thereof, as remains at the expiration of the term of the Franchise. E. The ,rights reserved to City with respect to the performance bond are in addition to all other rights of City whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to the performance bond shall affect any other right City may have. 8.2) Letter of Credit. • A. At the time of acceptance of this Franchise, Grantee shall deliver to City an irrevocable and unconditional Letter of Credit, in form and substance acceptable to City, from a National or State bank approved by City, in the amount of Two Thousand and 00/100 ($2,000.00) Dollars. B. The Letter of Credit shall provide that ftrnds will be paid to City, upon written demand of City, and in an amount solely determined by City in payment for penalties charged pursuant to this section, in payment for any monies owed by Grantee pursuant to its obligations under this Franchise, or in payment for any damage incurred as a result of any acts or omissions by Grantee pursuant to this Franchise. C. In addition to recovery of any monies owed by Grantee to City or damages to City as a result of any acts or omissions by Grantee pursuant to the Franchise, City in its sole discretion may charge to and collect from the Letter of Credit the following penalties: 1, For failure to complete system upgrade within three (3) years as provided herein, unless City approves the delay, the penalty shall be One Hundred Dollars ($100) per day for each day, or part thereof, such failure occurs or continues. 2. For failure to provide data, documents, reports or information or to cooperate with City during an application process or system review or as • otherwise provided herein, the penalty shall be Fifty Dollars ($50) per day for each day, or part thereof, such failure occurs or continues. 9:33= )V:OM 17 ri .'.0 3, For failure to comply with any of the provision of this Franchise for • which a penalty is not otherwise specifically provided pursuant to this paragraph C, the penalty shall be Fifty Dollars ($50) per day for each day, or part thereof, such failure occurs or continues. 4. For failure by Grantee to modify the System or to provide additional services within 180 days after being required by binding arbitration the Penalty shall be Fifty Dollars ($50) per day for each day, or part thereof, such failure occurs or continues. S. Forty -five (45) days following notice from City of a failure of Grantee to comply with construction, operation or maintenance standards, the penalty shall be Fifty Dollars ($50) per day for each day, or part thereof, such failure occurs or continues. 6: For failure to provide the services Grantee has proposed, including, but not limited to, the implementation and the utilization of the access cttannels ana me mairin available for use of the equipment and other facilities, the penalty shall be Fifty Dollars ($50) per day for each day, or part thereof, such failure occurs or continues, 7. Each violation of any provision of this Franchise shall be considered a separate violation for which a separate penalty can be imposed, D. Exclusive of the contractual penalties set out above in this section, a violation by Grantee of any provision of this Franchise is a misdemeanor. E. Whenever City finds that Grantee has violated one or more terms, conditions or provisions of this Franchise, a written notice shall be given to Grantee informing it of such violation. At any time after thirty, (30) days (or such reasonable time which is necessary to cure the alleged violation) following local receipt of notice, provided Grantee remains in violation of one or more terms, conditions or provisions of this Franchise, in the sole opinion of City, City may draw from the Letter of Credit all penalties and other monies due City from the date of the local receipt of notice. F. Whenever a penalty has been assessed, Grantee may, within thirty (30) days of kcal receipt of notice, notify City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Grantee to City shall specify with particularity the matters disputed by Grantee. 1 City shall hear Grantee's dispute at the next regularly scheduled Council meeting. City shall supplement the Council decision with written findings of fact, • 9:33x¢ 02/10!93 18 ^.21 • 2. Upon determination by City that no violation has taken place, City shall refund to Grantee, with interest and costs to Grantee of drawing on the Letter of Credit, all monies drawn from the letter of Credit by reason of the alleged violation. G. If said Letter of Credit or any subsequent Letter of Credit delivered pursuant thereto expires prior to fifteen (15) months after the expiration of the term of this Franchise, it shall be renewed or replaced during the term of this Franchise to provide that it will not expire earlier than fifteen (15) months after the expiration of this Franchise. The renewed or replaced Letter of Credit shall be on the same form and with a bank authorized herein and for the full amount stated in paragraph A of this section. H. If City draws upon the Letter of Credit or any subsequent Letter of Credit delivered pursuant hereto, in whole or in part, Grantee shall replace the same within fifteen (15) days and shall deliver to City a like replacement Letter of Credit for the full amount stated in paragraph A of this section as a substitution of the previous Letter of Credit. I. If any Letter of Credit is not so replaced, City may draw on said Letter of Credit for the whole amount thereof and hold the proceeds, without interest, and use the proceeds to pay costs incurred by City in performing and paying for any or all of the obligations, duties and responsibilities of Grantee under this Franchise that are not performed or paid by Grantee pursuant hereof, including attorneys' fees incurred by the City in so performing and paying. The failure to replace any Letter of Credit may also, at the option of the City, be deemed a default by Grantee under this Franchise. The drawing on the Letter of Credit by City, and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of Grantee which are in default, shall not be a waiver or release of such default. J. The collection by City of any damages, monies or penalties from the Letter of Credit shall not affect any other right or remedy available to City, nor shall any act, or failure to act, by City pursuant to the Letter of Credit, be deemed a waiver of any right of City pursuant to this Franchise or otherwise. 8.3) Indemnification of Ci A. City, its officers, boards, committees, commissions, elected officials, employees and agents shall not be liable for any loss or damage to any real or personal property of any Person, or for any injury to or death of any Person, arising out of or in connection wit-- the construction, operation, maintenance, repair or removal of, or other action or event with respect to the System. B, Grantee shall indemnify, defend, and hold harmless City, its officers, boards, • corm- -niitees, corratissions, elected officials, employees and agents, from and against all 9,33= OV10195 19 ". GG liability, damages, and penalties which they may legally be required to pay as a result • of the exercise of the franchise, except claims because of City's own programming. C. Nothing in this Franchise relieves a Person from liability arising out of the failure to exercise reasonable care to avoid injuring the Grantee's facilities while performing Rork connected with grading, regarding, or changing the line of a Street or public place or with the construction or reconstruction of a sewer or water system. D. In order for City to assert is rights to be indemnified, defended, and held harmless, City must with respect to each claim: Promptly notify Grantee in writing of any claim or legal proceeding which gives rise to such right; 2. Afford Grantee the opportunity to participate in and fully control any compromise, settlement or other resolution or disposition of any claim or proceeding; and 3. Fully cooperate with reasonable requests of Grantee, at Grantee's expense, in its participation in, and control, compromise, settlement or resolution or other disposition of such claim or proceeding subject to paragraph two (2) above. 8.4) Insurance. • A. As a part of the indemnification provided in Section 8.3, but without limiting the foregoing, Grantee shall file with its acceptance of this Franchise, and at all times thereafter maintain in full force and effect at its sole expense, a comprehensive general liability insurance policy, including contractual liability coverage, in protection of City ir• is capacity as such, its officers, elected officials, boards, commissions, agents and employees. The policy or policies shall name as additional insured City, and their capacity as such, their officers, agents and employees. The policies of insurance shall be in the sum of not less than Three Hundred Thousand Dollars ($300,000) for personal L Jiury or death of any one Person, and One Million Dollars (51,000,000) for personal injury or death of two or more Persons in any one occurrence, Three Hundred Thousand Dollars ($300,000) for property damage to any one person and One Million Dollars (51,000,000) for property damage resulting from any one act or occurrence. B. The policy or policies of insurance shall be maintained by Grantee in full force anc effect during the entire term of the Franchise. Each policy of insurance shall contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for nonpayment of premium, or otherwise, and whether at the request of Grantee or for Other MSS, excoptafter thirty (30) days' advance written notice have been provided to City. 1 9:392m o2.'30/W. 20 0 -- - SECTION 9. SALE, ABANDONIMEN]P, TRANSFER AND REVOCATION OF FRANCHISE 9.1) City_ t to Revoke. A. In addition to all other rights which City has pursuant to law or equity, City reserves the right to revoke, terminate or cancel this Franchise, and all rights and privileges pertaining thereto, if after the hearing required by 9.2B herein, it is aetermtnea that: 1. Grantee has violated any material provision of this Franchise; or 2. Grantee has attempted to evade any of the material provisions of the Franchise; or 3. Grantee has practiced fraud or deceit upon City or Subscriber. B. City may revoke this Franchise without the hearing required by 9.2B herein if Grantee is adjudged a bankrupt. . 9.2) Procedures for Revocation. A. City shall provide Grantee with written notice of a cause for revocation and the intent to revoke and shall allow Grantee sixty (60) days subsequent to receipt of the notice in which to correct the violation or to provide adequate assurance of performance J compliance with the Franchise. Together with the notice required herein, City shall provide Grantee with written findings of fact which are the basis of the revocation. B. Grantee shall be provided the right to a public hearing affording due process before the City Council prior to revocation, which public hearing shall follow the sixty (60) day notice provided in paragraph (A) above. City shall provide Grantee with written notice of its decision together with written findings of fact supplementing said decision, C. After the public hearing and upon written determination by City to revoke the Francium, Grantee may appeal said decision with an appropriate state or federal court or agency. D, During the appeal period, the Franchise shall remain in full force and effect unless the term thereof sooner expires. E, Upon satisfactory correction by Grantee of the violation upon which said notice was given as determined in the City's sole discretion, the initial notice shall become • void. 919m 02.:0193 21 cp -in -1995 ln:-: P.24 9.3) Abandonment of Service. Grantee may not abandon the System or any portion thereof without having first given three (3) months written notice to City. Grantee may not abandon the System or any portion thereof without compensating City for damages resulting from the abandonment. 9.4) Removal After Termination or Forfeit+ *P. A. In the event of termination or forfeiture of the Franchise, City shall have the right to require Grantee to remove all or any portion of the System from all Streets and public property within City. B. If Grantee has failed to commence removal of System, or such part thereof as was designated by City, within one hundred twenty (120) days after written notice of City's demand for removal is given, or if Grantee has failed to complete such removal within twelve (12) months after written notice of City's demand for removal is given, City shall have the right to declare all right, title, and interest to the System to be in City with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it pursuant to the provisions of 47 U.S.C. § 547 (1989). 9,5) Sale or Transfer of Franchise. A. No sale, transfer, or "fundamental corporate change ", as defined in :Minn, Stat, • $ 238,083, of this Franchise shall take place until the parties to the sale, transfer, or fundamental corporate change files a written request with City for its approval, provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and assets to secure an indebtedness. B. City shall have thirty (30) days from the time of the request to reply in writing and indicate approval of the request or its determination that a public hearing is necessary due to potential adverse affect on Grantee's Subscribers resulting from the sale or transfer. Such approval or determination shall be expressed by Council Resolution within thirty (30) days of receipt of said request, or the request shall be deemed approved as a matter or law. C. If a public hearing is deemed necessary pursuant to (B,) above, such hearing shall be commenced within thirty (30) days of such determination and notice of any such hearing shall he given in accordance with local law or fourteen (14) days prior to the hearing by publishing notice thereof once in a newspaper of general circulation in City. The notice shall contain the date, time and place of the hearing and shall briefly state the substance of the action to be considered by City. D. Within thirty (30) days after the closing of the public hearing, City shall approve or deny in uTiting the sale or transfer request. City shall set forth in writing with 0 9:39M 02/10 s 22 • C2 -10 -1995 iC;59 P.25 particularity its reason(s) for denying approval. City shall not unreasonably withhold its approval. E. The parties to the sale or transfer of the Franchise only, without the inclusion of the System in which substantial construction has commenced, shall establish that the sale or transfer of only the Franchise will be in the public interest. F. Any sale or transfer of stock in Grantee so as to create a new contmlling interest in the System shall be subject to the requirements of this Section 9.05. The term controlling Interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised . G. I:, ao event shall a transfer or assignment of ownership or control be approved without the transferee becoming a signatory to this Franchise and assuming all rights and obligations thereunder, and assuming all other rights and obligations of the transferor to the City. H. In the event of any proposed sale or assignment pursuant to paragraph (A.) of this Section City shall have the right of first refusal of any bona fide offer to purchase the • System. Bona fide offer, as used in this Section, means an offer received by the Grantee which it intends to accept subject to City's rights under this Section. This written offer must be conveyed to City along with the Grantee's written acceptance of the offer contingent upon the rights of City provided for in this Section. C'%v snau t>e aeernea to nave waivea its ngnts under ttils secuon in the rollowing circumstances: 1. If it does not indicate to Grantee in writing, within 30 days of notice of a proposed sale or assignment, its intention to exercise its right of purchase; or • It approves the assignment or sale of the Franchise as provided within this Section. SECTION 10. PROTECTION OF Lti"DIV11DUAL RIGHTS 10.1) Diccriminatoa Practices Prohibited. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers or general citizens on the basis or race, color, religion, national origin, sex or age. Grantee shall comply at all times with all other applicable federal, state, and city law's, and all executive and administrative orders relating to nondiscrimination. 9191, mr:o s5 23 10.2) Subscriber Privacy. A. No signals including signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. The request for such permission shall be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in hill knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which shall be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. Such permission shall be required for each type or classification of Class IV Channel activity planned for the purpose of monitoring individual viewing patterns or practices. B. No information or data obtained by monitoring transmission of a signal from a Subscriber terminal, or any other means, including but not limited to lists of the names and addresses of such Subscribers or any, lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to Grantee and its employees for internal business use, and also to the Subscriber subject of that information, unless Grantee has received specific written authorization from the Subscriber to snake such data available. • C: Written permission from the Subscriber shall not be required for the conducting of System wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in paragraph (B.) of this Section. SECTION 11, UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 11.1) Unauthorized Connections or jodiflcations Prohibited. It shall be unlawful for any firm, Person, group, company, corporation, or governmental body or agency, without the express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any connection, extension, or division, whether physically, acoustically, inductively, elecuonically or otherwise, with or to any segment of the System. 11.2) Removal or Destruction Prohibited. It shall be unlawful for any firm, Person, group. company, corporation. or government body or agency to willfully interfere, tamper, remove, obstruct, or damage, or assist thereof, any part or segment of the System for any purpose whatsoever. 11,3) Penal . Any, firm, Person, group, company', corporation or government body or agency found guilty of violating this section may be fined not less than Twenty Dollars (520.00) and the costs of the action nor more than Five Hundred Dollars (3500.00) and the costs 9 :30 n 02:10.95 24 • • of the action for each and every subsequent offense. Each continuing day of the violation shall be considered a separate occurrence. SECTION 12. MISCELLANEOUS PROVISIONS 12.1) Franchise Renewal. Any renewal of this Franchise shall be done in accordance with applicable federal, state and local laws and regulations. 12.2) Work Performed by Others. All provisions of this Franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of this Franchise. Grantee shall provide notice to City of the name(s) and address(es) of any entity, other than Grantee, which performs substantial services pursuant to this Franchise, 12.3) Amendmem of Franchise Ord' nce. Grantee and City may agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a review session pursuant to Section 12.7 or at any other time if City and Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in federal, state or local laws. City shall act pursuant to local law pertaining to the ordinance amendment process. • 12.4) Compliance with Federal, State and Lnral Laws. A. If ari„v federal or state law or regulation shall require or permit City or Grantee to perform any service or act or shall prohibit City or Grantee from performing any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and City shall conform to state laws and rules regarding cable communications not later than one year after they become effective, unless Otherwise stated, and to conform to federal laws and regulations regarding cable as they become effective. B. If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City. 9:30AM 02/10195 25 02 -10 -1995 ll:01 P.26 0 12.5) Nonenforcement byCity, Grantee shall not be relieved of its obligations to comply with any of the provisions of this Franchise by reason of any failure or delay of City to enforce prompt compliance, Any waiver by City of a breach or violation of any provision of this Franchise shall not operate as or be construed to be a waiver of any subsequent breach or violation. 12.6) Administration of Franchise. The City Administrator or other City designee shall have continuing regulatory jurisdiction and supervision over the System and the Grantee's operation under the Franchise. The City may issue such reasonable rules and regulations concerning the construction, operation and maintenance of the System as are consistent with the provisions of the Franchise and law. 12.7) periodic Evaluation, The field of cable communications is rapidly changing and may see many regulatory, technical, financial, marketing and legal changes during the term of this Franchise. Therefore, in order to provide for a maximum degree of flexibility in this Franchise, and to help achieve a continued advanced and modern System, the following evaluation provisions shall apply: A. The City may require evaluation sessions at any time during the tetra of this Franchise, upon thirty days written notice to Grantee, provided, however, there shall not be more than one review session during each four (4) year period commencing on the • Effective Date of this Franchise. B. All evaluation sessions shall be open to the public and notice of sessions published in the same way as a legal notice. Grantee shall notify its Subscribers of all evaluation sessions by announcement on at least one (1) Basic Service channel of the System between the hours of 7:00 p.m. and 9:00 p.m, for five (5) consecutive days preceding each session. C. Topics which may be discussed at any evaluation session may include, but are not limited to, application of new technologies, System performance, programming offered, access channels, facilities and support, municipal uses of cable, customer complaints, amendments to this Franchise, judicial rulings, FCC rulings, line extension policies and any other topics City and Grantee deem relevant, D. As a result of a periodic review or evaluation session, City and Grantee shall develop such changes and modifications to the terms and conditions of the Franchise, as are mutually agreed upon and which are both economically and technically feasible. 12,E) ti rods , dviso � Boazd. The City may appoint a citizen advisory body to monitor the vc ormance of the Grantee pursuant to the Franchise and advise City of same. As a result of any periodic evaluation session as promulgated in Section 12.7, the advisory body may submit a report to City and Grantee assessing the Grantee's performance according to the terms of the Franchise and make recommendations to City regarding the System's operations. 9:MM 02;10/95 26 0 E Ce — :C— :955 11 :C1 �. e9 12.9) Rights Cumulative. All rights and remedies given to City by this Franchise shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to City, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by City and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 12.10) Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it has had an opportunity to review the terms and conditions of this Franchise and that under current law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and that Grantee believes City has the power to make the terms and conditions contained in this Franchise. SECTION 13. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 13,1) Publication: Effective Date. This Franchise shall be published in accordance with • applicable Minnesota law. The effective date of this Franchise shall be the date of acceptance by Grantee in accordance with the provisions of Section 13.2. IBM .1 _... A. Grantee shall accept this Franchise within sixty (60) of its enactment by the City Council, unless the time for acceptance is extended by City. Such acceptance by the Grantee shall be deemed the gram of this Franchise for all purposes. In the event acceptance does not take place, this Franchise and any and all rights previously granted to Grantee shall be mill and void. B. Upon acceptance of this Franchise, Grantee shall be bound by all the terms and conditions contained herein. C. Grantee shall accept this Franchise in the following manner: (1) This Franchise will be properly executed and acknowledged by Grantee and delivered to City. (2) Grantee shall have continuing responsibility for this Franchise, and if Grantee be a subsidiary or wholly -owned corporate entity of a parent corporation, performance of this Franchise shall be secured by a written guarantee of the parent corporation in a form and substance acceptable to City, which shall be delivered with the executed Franchise. 9:30= 02:' 10 95 27 Gtr -1 _! -I'79S 1!:n;: (3) With its acceptance, Grantee shall also deliver any grant payments, performance bond and insurance certificates required herein that have not previously been delivered. Passed and adopted this day of 1995. ATTEST: CITY OF HUTCHINSON a By: Its: ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. DD CABLE HOLDINGS, INC. Date: 9 .3Wm MA 0,91 28 By: Its: • L, 0? -10 -1955 :1: F._ °1 C. Subscriber requests for repairs shall be performed, to the extent possible, within twenty -four (24) hours of the request unless conditions beyond the control of Grantee prevent such performance. D. Subject to the privacy provisions of 47 U,S.C. § 521 et seq. (1993), City and Grantee shall prepare and maintain written records of all complaints made to them and the resolution of such complaints, including the date of such resolution. Such written records shall be on file at the office of Grantee. Grantee shall provide City with a written summary of such complaints and their resolution on a bi- annual basis. 5,4) Subscriber Contracts. Grantee shall submit any Subscriber contract utilized to City. If no written contract exists, Grantee shall file with the City Clerk a document completety and corzikly stating the terms of the residential Subscriber contract offered to customers, specifically including the length of the Subscriber contract. The length and terms of any Subscriber contract shall be available for public inspection during normal business hours. 5.5) Refund Policy. In the event a Subscriber established or terminates service and receives less than a full month's service, Grantee shall prorate the monthly rate on the basis of the number of days in the period for which service was rendered to the number of days in the billing. ;,6 {ii i olitfi_ 1 iht even 111f .:.f�i'L' 1S;Tif$s :f:iti+ i Ci.?3ft%'.lY {,) metn,4nt a latwr .:? •;+} t3. C Ytr; ktr 0w lyaytktens anal Csrt.�ter agrees to ei ik x ititast ar ara tge =:: a !L 1 io %zL'te e ;eu:.;ptrtent aF . _€gad is ressar ar_ . rlie nfre�st v, estahi fit a systta fnr h&vitts fire iequsparn� tik ter k-16 5&.--crt%r resldem -; r. ali trvcrts, GTamtee agrees to maintain a trainad +cable SECTION 6. PUBLIC ACCESS PROVISIONS 6.1) Public. Educational and Government Access. A, City or its designee is hereby designated to operate, administer, promote, and manage access (public, education, and government programming) (hereinafter "PEG access ") to the cable system established pursuant to this Section 6. Grantee shall have no responsibility whatsoever for PEG access except as expressly stated in this Section 6. B. Grantee shall dedicate three (3) channels for PEG access use as follows: public access, educational access, and government access. All residential Subscribers who receive all or any part of the total services offered on the System shall be eligible to receive all of said three access channels at no additional charge, One (1) channel shall be activated upon the effective date of this Franchise and thereafter maintained, with the :wo (?) additional chanpels to be activated upon City request after the completion of the W-Nw, rn. s0-43 13 �2- i0 -1 ?�_ 1103 L,YG 6.4} Capital Grant. Grantee shall provide to City a capital equipment grant in the amount of Twenty Thousand Dollars ($20,000.00) (hereinafter "Capital Gram" or "Grant ") solely for the acquisition of PEG equipment. Said Grant shall be provided to City in accordance with the following schedule: i, Ten Thousand Dollars ($10,000) on January 1, 1946; and ii. Ten Thousand Dollars ($10,000) on January 1, 1997. Upon request by City, Grantee shall act as purchasing agent for City in the acquisition of said equipment to allow City to take advantage of Grantee's bulk purchasing power. Grantee shall have no obligation to purchase or provide access equipment beyond that stated herein, or to maintain, repair or replace any access equipment. R. beiKdt w.: -x rc=ls daf -:rd in 4? V.S.C. 5 -2" AJI it sN., as ame 4ed ftua time -to t~um and _specifically i ittd :wry I? alt e t DTi, d t t t:- is tune v tfte" C an-Wor prihke eEprr! Iccs al l;nl � rs iri {, aiaw Y pck' t culatetl (ipnn a yearly c,xxnVa- iscn XtM W.Mbez if`Sttbscribers on amber 3W aaeh Lear-, tJte �.��s: �atitr� �� siaall it~l�ta€iiatclir � ted�x© t� ltsvel�3fitditai�e at�afiiCh the compcti se c,N der, f any, i5 obligq -14 or, w? l; s6 t tl�rty fi�a �n[s {:351 peg 5aia.ct7�er { zt rash.." 1 tC #p s,s4 U he gamble on a monthtybaa-is W Ci-, . City. sn-�' Grax ee. may ' .,. i. _ n_ _.aa. :anull bass. _ ic�Ti lEi'tiail: SECTION . . 7. OPERATION AND AM11NISTRATION PROVISIONS 7.1) Franchise Fee, A. Grantee shall pay to City a Franchise Fee in an annual amount equal to five percent (5%) of its annual Gross Revenues. B. Payments due Cit) under this provision shall be payable quanerly The payment shall be made within ninety (90) days of the end of each of Grantee's tiscal quarters together with a brief report showing the basis fur the computation, C. :All amounts paid shall be subject to audit and reeomputation by City and acceptance of any payment shall not be construed as an accord chat the amount paid is in fact the correct amount. 7,2) Access to Records. The City shall have the right to inspect, upon reasonable notice, at any time during normal business hours, those records maintained by Grantee which o.t ,.,m.10V 15 • ORDINANCE NO. 95 -132, 2ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 6.40, SUBD. 2 (a) GOVERNING THE IMPOSITION OF A LODGING TAX AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1, AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. City Code, Sec. 6.40, Subd. 2(a) entitled "Imposition of Tax" is hereby amended to read as follows: A. Pursuant to Minnesota Statute Section 477A.018, a tax is imposed on the rent charged by an operator for providing lodging to any person. The lodging tax program shall commence on March 1, 1989. A tax of twe r___ -___ (__) three percent {3%} shall be imposed en the e ffe_tive date _ f this S te a: _. commencing on ;March 1, 995. The tax collected by the operator shall be extinguished only by payment to the City. In no case shall the tax imposed by this subdivision upon an operator exceed the amount of tax which the operator is authorized and required by this program to collect from a lodger. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including • Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 14th day of February, 1995. Marlin Torgerson, Mayor Attest: Gary D. Plotz City Administrator Published in the Hutchinson Leader on First reading: Second reading: � J • ORDINANCE NO.95 -133, 2ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON AMENDING SECTION 10.45 OF THE CITY CODE ENTITLED " DANGEROUS TRESPASSES AND OTHER ACTS" AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. City Code sec. 10.45 is hereby amended as follows: SEC. 10.45 DANGEROUS TRESPASSES AND OTHER ACTS Subd. 1. It is a petty misdemeanor for any person to: (1) smoke in the presence of explosives, or flammable materials, or in a building, or area, in which "No Smoking" notices have been prominently posted; or, (2) interfere with or obstruct the prevention or extinguishing of any fire, or disobey the lawful orders of a law enforcement officer or fireman present at the fire; or, (3) show a false light or signal or interfere with any light, signal or sign controlling or guiding traffic upon a highway, railway track, or navigable water; or, (4) place an obstruction upon a railroad track; or, (5) expose another or his property to an obnoxious or harmful gas, fluid or substance, with intent to injure, molest or coerce; or, (6) trespass or permit animals under • his control to trespass upon a railroad track; or, (7) permit domestic animals or fowls under his control to go upon the lands of another within the City; or (8) interfere unlawfully with any monument, sign or pointer erected or marked to designate a point of a boundary, line or a political subdivision, or a tract of land; or, (9) trespass upon the premises of another, and without claim of right refuse to depart therefrom on demand of the lawful possessor; or, (10) enter or be found upon the premises of any enclosed or fenced public property without authorization during hours the enclosed or fenced public property is posted as closed to the public; or (11) occupy or enter the dwelling of another, without claim of right, or consent of the owner, or the consent of one who has the right to give consent, except in an emergency situation; or (12) enter the premises of another with intent to take or injure any fruit, fruit trees or vegetables growing thereon without the permission of the owner or occupant; or, (13) without the permission of the owner tamper with or get into or upon a motor vehicle, or ride in or upon such motor vehicle knowing it was taken and is being driven by another without the permission of the owner. Notice. Subd. 2. Trespassing Upon the Land of Another Following a. No person shall intentionally trespass on the land of another and, without claim of right, refuse to depart therefrom on demand of lawful possessor thereof or his agent. A demand to depart may be made as follows: � 1 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 (1) 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. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions applicable to the Entire City Code, Including Penalty for Violation" and Section 2.99 entitled "Violation a • Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted this day of Attest: Gary D. Plotz, City Administrator Published in the First reading: Second reading _ Hutchinson Leader: 1995. Marlin Torgerson, Mayor 41 ORDINANCE NO. 95- 1342ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, PURSUANT TO THE CITY CHARTER OF THE CITY OF HUTCHINSON AS ADOPTED BY THE VOTERS ON NOVEMBER 3, 1987, AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. Pursuant to the Charter of the City of Hutchinson, a franchise is hereby granted to Cellular 7 Partnership, a Minnesota general partnership, for the purpose of owning and operating certain equipment relating to Cellular telephone service located on top of the so- called South Park water tower and adjacent thereto. Section 2. Said franchise is subject to the terms and conditions of that certain Site Lease Agreement by and between the parties dated April 25, 1994, a true and correct copy of which is attached to this franchise and incorporated as if fully set out herein and which is available for inspection during normal business hours at the office of the City Administrator for the City of Hutchinson. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council 14th day of February, 1995. Marlin Torgerson, Mayor Attest: Gary D. Plotz, City Administrator Published in the Hutchinson Leader on: First reading January 24, 1995 Second reading February 14, 1995 \J -/ . ORDINANCE NO. 95 -135 , SECOND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING A FRANCHISE PURSUANT TO CHAPTER 10 OF THE HUTCHINSON CITY CHARTER AND ADOPTED, BY REFERENCE, CITY CODE CHAPTER ONE (1) AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. It is in the best interest of the City of Hutchinson to grant a franchise to Todd T. Alexander and Sue M. Alexander, who are the fee owners of certain real estate legally described as follows: Lot Six (6) of "Lot "G" Subdivision" Section 2. Said franchise is necessary and in the public interest because the home located on the above - described real estate minimally encroaches upon a utility easement granted to the City of Hutchinson and to require the Alexanders to remove the encroachment would be unduly burdensome and an unnecessary expense. Section 3. The parties hereto have entered in to an agreement • setting out the terms and conditions under which the franchise at issue will be granted to Alexander and a true and correct copy of the agreement is attached hereto, marked as Exhibit A and incorporated by reference and is available for inspection during normal business hours at the office of the City Administrator at the city center, 111 Hassan Street Southeast, Hutchinson, Minnesota. Section 4. The City of Hutchinson does hereby grant a franchise to Todd T. Alexander and Sue M. Alexander pursuant to the terms and conditions of the agreement between the parties and further subject to the provisions of the city charter including but no limited to Chapter 10 of the city charter which limits any franchise to a term not to exceed 20 years. Section 5. City code chapter one (1) entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. This ordinance shall take effect upon adoption and publication. Adopted by the City Council this 14th day of February, 1995. • CITY OF HUTCHINSON By: Marlin Torgerson, Mayor Attest: Gary D. Plotz, City Administrator Published in the Hutchinson Leader on_ First reading: January 24, 1995 Second reading: February 14. 1995 • 0 0 RESOLUTION NO. 10386 ADOPTING POLICE DEPARTMENT MANUAL WHEREAS, the City of Hutchinson Police Department promulgates rules and regulations for employees of said department, and; WHEREAS, said rules and regulations are placed in a manual entitled "HUTCHINSON POLICE DEPARTMENT POLICIES AND PROCEDURES MANUAL ", and; WHEREAS, it is necessary from time to time to review, update, change or delete policies and procedures as is necessary for the efficient operation of the police department, and; WHEREAS, the police department has completed a review of the department policies and procedures manual. •NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That the City Council approves the revision of the "Hutchinson Police Department Policies and Procedures Manual ". 2. That said revisions will become effective on February 1, 1995. Adopted by the City Council this 14th day of February, 1995. ATTEST: CITY ADMINISTRATOR MAYOR 4-6-0) RESOLUTION NO. ()3yl CITY OF HUTCHINSON . RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST I PURPOSE DEPT. BUDGET VENDOR Stainless Cabinets i i $5,828.0 Replacement t i WWTP Yes Notch's Metals t _ The following items were authorized due to an emergency need: ITEM j COST i PURPOSE DEPT. j BUDGET i VENDOR Date Approved: February 14, 1995 Motion made by: •Seconded by: Resolution submitted for COLncil action bv• Z/ -d �t) 0 RESOLUTION NO 1039 THIS RESOLUTION is made and entered into this 14th day of February, 1995 by the Hutchinson City Council. RECITALS: 1. The City of Hutchinson s empowered eating fed r a al law fto engage in certain regulatory p ractice cable television services within the Hutchinson community; 2. The City of Hutchinson, through the Hutchinson City Council, specifically finds that it would be reasonable and in the best interests of the residents of the City of Hutchinson to engage in rate regulation; 3. The City has concerning regulation force and effect; THEREFORE, BE IT RESOLVED by the Hutchinson City Council City of Hutchinson adopts the attached rate regulation and procedures effective immediately; developed certain policies and procedures which the City now desires to put in full NOW that the policies BE IT procedures any prior Hutchinson FURTHER RESOLVED that the rate regulation policies and adopted by this Resolution shall supersede and replace rate regulation policies and procedures adopted by the City Council. Dated this _ day of February, 1995. Attest: Gary D. Plotz City Administrator 9 CITY OF HUTCHINSON By: Marlin Torgerson, Mayor /� . 0) Mr. Gary D. Plotz 40 27 yj City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Re: Resolution - Cable Rates our File No. 3244 -93054 Dear Gary: The City has expressed the desire to regulate rates charged for basic cable service within the community. Attached is a copy of correspondence from Bernick & Lifson along with a copy of the Certification of Franchising Authority. I have prepared a Resolution adopting rate regulation policies and procedures and the Resolution and the proposed policies and procedures should be included in the next Council packet, along with a copy of this correspondence. Immediately following adoption, a certified copy of the Resolution and policies and procedures should be provided to our office and we will see to prompt service of these documents upon Midwest Cablevision. Thank you. Enclosure P. L. L. P. 0 CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION - o) CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOC ATION ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE DAVID B. ARNOLD' HUTCHINSON, MINNESOTA 55350 -2563 OF COUNSEL STEVEN A. ANDERSON RAYMOND C. LALL ER G. BARRY ANDERSON* (612)587 -7575 JANE VAN VALKENBURG STEVEN S. HOGE FAX (6121 587 -4096 -- LAURA K. FRETLAND 5881 CEDAR LAKE ROAD DAVID A. BRUEGGEMANN RESIDENT ATTORNEY MINNEAPOLIS, MINNESOTA 55416 PAUL D. D G. BARRY ANDERSON (612) 545 -90CC RICHARD G. . MC GEE FAX 16 1 2) 545 -1793 CATHRYN D. REHER GINA M. BRANDT 501 SOUTH FOURTH STREET BRETT D. ARNOLD PRINCETON, MINNESOTA 55371 16121389 -2214 `ALSO ADMITTED IN TEAS AND NEW YORK January 26, 1995 FAX 16121 389 -5506 Mr. Gary D. Plotz 40 27 yj City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Re: Resolution - Cable Rates our File No. 3244 -93054 Dear Gary: The City has expressed the desire to regulate rates charged for basic cable service within the community. Attached is a copy of correspondence from Bernick & Lifson along with a copy of the Certification of Franchising Authority. I have prepared a Resolution adopting rate regulation policies and procedures and the Resolution and the proposed policies and procedures should be included in the next Council packet, along with a copy of this correspondence. Immediately following adoption, a certified copy of the Resolution and policies and procedures should be provided to our office and we will see to prompt service of these documents upon Midwest Cablevision. Thank you. Enclosure P. L. L. P. 0 CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION - o) CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOC ATION RATE REGULATION POLICIES AND PROCEDURES 1. Rates charged by the Franchisee shall be uniform, fair and reasonable. No rate shall be approved that would result in different rates or charges for service to subscribers in the rate territory receiving similar service or who are similarly situated. 2. Within thirty (30) days of receipt of notice from the Franchising Authority that the Franchisee is subject to the rate regulatory authority of the Franchising Authority, Franchisee shall submit all necessary Federal Communications Commission (hereinafter "FCC ") forms and documentation supporting its request for initial rate determination. Thirty days prior to any request for a rate increase, Franchisee shall submit to the Franchising Authority a notice of the proposed rate adjustment and any documentation supporting such request. 3. The Franchising Authority shall review any such information submitted by Franchisee and issue a written determination regarding the rate request. Should the Franchising Authority not receive supporting documentation sufficient to evaluate the request, it shall notify Franchisee and the time table for evaluation of the rate request shall be extended ninety (90) days from the date of receipt of sufficient documentation to analyze the rate request. 4. Upon receipt of sufficient information to analyze the rate request, the Franchising Authority shall schedule a public hearing giving all interested parties reasonable notice and reasonable opportunity to be heard. 5. The public shall receive notice of the public hearing through a notice placed in a newspaper of general circulation in the rate territory. Additionally for one week prior to the schedule hearing, a notice shall appear on the government and public access channels between 7:00 and 9.00 p.m. regarding the place, time and purpose of the public hearing. 6. Copies of the supporting documentation shall be available for public inspection at both the headquarters of the Franchising Authority and the Franchisee. 7. The Franchising Authority may utilize any consultants it deems necessary to assist it in the evaluation of the rate request. The Franchisee shall cooperate with all staff and consultants retained by the Franchising Authority in the evaluation of the request and any supporting documentation. 8. The Franchising Authority shall issue written findings in any situation in which it denies any portion of the rate request. 9. Any appeals of decisions of the Franchising Authority shall be to the FCC, as per the FCC's rate regulation rules and procedures. • 10. These rules and procedures shall be consistent with the rules and regulations of the Federal Communications Commission. In any instance where these rules conflict with the rules of the FCC, the rules of the FCC shall prevail. )1-4. (9) ROSS A. SUSSMAN NEAL J. SHAPIRO SAUL A. BERNICK* THOMAS O. CREIGHTON SCOTT A. LIP50N DAVID K NIGMTINGALET PAUL J. OUAST* THERESA M. KOWALSKI REBECCA J. MELTZER ROBERT J. V. VOSE BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 1200, THE COLONNADE 5500 WAYZATA BOULEVARD MINNEAPOLIS, MINNESOTA S5416-1270 Mr. G. Barry Anderson ARNOLD & .%IcDOINTLL 101 Park Place Hutchinson, Minnesota 55350 -2563 Dear Barry: TELEPHONE 16121 546 -1200 FACSIMILE 16121 546 -1003 January 20, 1995 , <,SO sO.TIEO iN W.SCCNSv 'ALSO CER71FIED PUBL !C ACCOV"> ' LEGAL ASSISTANTS JO BROWN JOAN M. SCHULKERS KATHRYN G. MASTERMAN Enclosed is a copy of the refiled FCC Form 328 Certification to Regulate Basic Cable Service Rates, which was sent today. The Certification becomes effective 30 days after receipt by the FCC. Also enclosed is a copy of Rate Regulation Policies and Procedures similar or identical to those previously adopted by the City of Hutchinson. Such Policies and Procedures should be adopted in a timely manner (within 120 days). After adoption, Midwest Cablevision should be notified that the City is properly certified to regulate rates and that the company is required to file its rate justifications in accordance with the FCC rate regulations. If you have any questions, feel free to contact me. Sincerely, BERNICK AND LIFSON, P.A. i4,V vkxz- Robert J. V. Vose RJVV /rs Enclosures C:1T % ITCHINSON \ANDERSON.LP1 9 0 4 -16 �9) W..rroe, D. G :05ia ,) FCC 3-8 For Fee use enly ( CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION k ame of Franchising Authority Citv of Hutchinson .Nailing Address 37 Washington A•:enue West City State ZIP Code Hutchinson M 55350 Telephone No. (iinclude area code): (612) 587 -5151 Person to contact with respect to this form: G. Barry Anderson, City Attorney 2. a. Name (s) and addresses) of cable systems) and associated FCC community unit identifiers within your iurisdiction. (Attach additional sheets if necessary.) Cable System's Name Intermedia Company d /b /a Midwest Cablevision .Mailing Address 103 East Second Street City State I ZIP Code 1 Redwood Falls `-N 56283 t oee re 's FCC Community Unit Identifier: Cable System's Name 'ling Address Cty Slate I ZIP Cade Cable System's FCC Community Unit Identifier: 2. b. Name (s) of system(s) and associated community unit identifier(s) you claim are subject to regulation and with respect to which you are Filing this certification. (Attach additional sheen if necessaryJ Nameof5ystem City of Hutchinson/I Community unit Midwest Cablevision identiner Natrte of Systrm Community Unit Identifier 2. a Have you served a copy of this form on ail parties El Y" E] No listed in 2.b.? 3. Will your franchising authority adopt (within 120 days of certification) and aYa No administer regulations with respect to basic cable service that are consistent with the regulations adopted by the FCC pursuant to 47 U.S.C. Section 543(bH s. With respect to the franchising authority's regulations referred to in Question 3, FIR yes allo a. Does your franchising authority have the legal authority to adopt them? b. Does your franchising authority have a Yes 1:1 No the personnel to administer them I (Effective competition means that (a) fewer than 30 percent of the households in the franchise area subscribe to the cable service of a cable system; tb) the franchise area is 01 served by at least two unaffiliated multichannel video programming dissributon each of which offers comparable video programming to at least 30 percent of the households in the franchise area: and (ii) the number of households subscribing to programming services offered by multichannel video programming distributors other than the largest multichannel video programming distributor exceeds 15 percent of the households in the franchise area; or (c) a multichannel video programming distributor operated by the franchising authority for that franchise area offer video programming to at least So percent of the households in that franchise area.) Signature , . _.. .. -7' �•� Title Legal Counsel Date January z�,, 1995 WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE ANDIOR IMPRISONMENT (U.S. CODE TITLE 18, SECT ION 1001). Raum the original and one copy of this certification form (As indicated in Instruction), along with any attachments, to: • Federal Communications Commission Attn: Cable Franchising Authority Cenincation P.O. Box 18S39 Washington, D. C.' =0036 FCC 1:s hueun .gf Jye, No -5. Do the procedural taws and regulations applicable to rate regulation proceedings by your franchising authority provide a reasonable opportunity for consideration of the views of interested parties? Li Yes No b. The Commission presumes that the cable systems) listed in 2.b. is (are) not subject to effective competition. Based on the definition below, do you have reason to believe that this presumption is correct? (Effective competition means that (a) fewer than 30 percent of the households in the franchise area subscribe to the cable service of a cable system; tb) the franchise area is 01 served by at least two unaffiliated multichannel video programming dissributon each of which offers comparable video programming to at least 30 percent of the households in the franchise area: and (ii) the number of households subscribing to programming services offered by multichannel video programming distributors other than the largest multichannel video programming distributor exceeds 15 percent of the households in the franchise area; or (c) a multichannel video programming distributor operated by the franchising authority for that franchise area offer video programming to at least So percent of the households in that franchise area.) Signature , . _.. .. -7' �•� Title Legal Counsel Date January z�,, 1995 WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE ANDIOR IMPRISONMENT (U.S. CODE TITLE 18, SECT ION 1001). Raum the original and one copy of this certification form (As indicated in Instruction), along with any attachments, to: • Federal Communications Commission Attn: Cable Franchising Authority Cenincation P.O. Box 18S39 Washington, D. C.' =0036 FCC 1:s hueun .gf • RESOLUTION NO. 10393 THIS RESOLUTION is made and entered into by the Hutchinson City council on the day of February, 1995. RECITALS: 1. The City of Hutchinson, a Minnesota municipal corporation, is presently faced with the need to complete several pending projects including but not limited to the following: a. Elimination of navigational hazards and threats to the public safety located in the Crow River; b. The completion of a regional softball complex and other related recreational facilities; C. The completion of a bicycle and walking paths commenced by the State of Minnesota through the City of Hutchinson; d. Acquisition of a radio and dispatch system for police and fire services. 2. All of the projects involve benefits to an area greater than the corporate city limits of the City of Hutchinson and • include facilities used by residents in greater Minnesota; 3. The City Council for the city of Hutchinson specifically finds that it would be fair, reasonable and just for a portion of the expense related to the projects described above, and similar projects, to be borne by residents of the area as well as by residents of the City of Hutchinson; 4. The City of Hutchinson is prohibited by Minnesota law from imposing any additional sales tax to pay for improvements described above. NOW, THEREFORE, the City of Hutchinson, by and through the Hutchinson City Council, respectfully requests that the State of Minnesota authorize the imposition of a one -half (1/2) percent sales tax on all retail sales within the City of Hutchinson for the purpose of constructing the improvements described above, as well as similar projects, and subject to such limitations as the legislature finds fair and reasonable including but not limited to a sunset provision of approximately five years and a vote by the residents of the City of Hutchinson prior to the imposition of the tax. Said authorization shall also include the right to extend a one percent tax on all restaurant sales of food and all on sale transactions involving liquor for the purpose of assisting in the expense of maintaining the above facilities, among other obligations. Dated this _ day of February, 1995. Attest: Gary D. Plotz, City Administrator Marlin Torgerson, Mayor • • 0 • book.es -ry RESOLUTION NO. 10394 ADOPTING 1995 HANDBOOK OF POLICIES, PROCEDURES, PRACTICES AND ADMINISTRATIVE ORDERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the 1995 Handbook of Policies, Procedures, Practices and Administrative Orders is hereby adopted. This replaces the 1988 Handbook of the same name. The City Council reserves the right to amend any portion of the Handbook by a maiority vote. Deletion of one particular policy shall not invalidate other policies within the Handbook. Adopted by the City Council this th day of 1995. • ATTEST: Gary D. Plotz City Administrator • Marlin Torgerson Mayor is i C DATE: FEBRUARY 10,19 TO: HUTCHINSON CITY COUNCIL FROM: MARILYN HED- MOTOR VEHICLE SUBJECT: MDRA RESOLUTION -DNR FEE I would like to see our city council support the following resolution. This resolution is going to the State Legislature to ask for an increase in our Deputy fees. We are recieving only 50C per transaction on DNR and this fee has not increased since 1971. We have taken on more responsibilities with handling of the different stickers for each recreational vehicle. We have a total of 2,278 transactions in 1995 for a total of $1,139.00 in fees. City Hall 37 Washington Avenue West Parks & Recreation 900 Harrington Street — \ Police Department 7 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 l / '/ (612) 587 -2242 Hutchinson, Minnesota 55350 - Printed on receded paper - 0 M.D. R.A. I Fe s SZ • • ,owo IaMs Minnesota Deputy Registrar's Association Date: February 6, 1995 To: All City Deputies From: Jean Ewald, President of Minn. Deputy Reg. Association Subject: Deputy Registrars DNR Fee Increase The Minnesota Deputy Registrar Association is supporting legislation that will increase the Minnesota Department of Natural Resources (DNR) Transaction Fee for Deputy Registrars from the current $.50 to $3.50. Since your City would benefit from this increase, please adopt the attached resolution or a similar resolution of support. The county and city resolutions that were passed in 1993 were very helpful in passing the Drivers License fee increase. If you are able to obtain an approved resolution from your city administrators, please duplicate the document and mail copies to: 1. Your State Representative 2. Your State Senator 3. Mr. Robert Renner Messerli & Kramer 1800 5th Street Towers 150 South 5th Street Minneapolis, MN 55402 -4218 4. Minnesota Deputy Registrars Association Attn: Jean Ewald, President 7800 Golden Valley Rd. Golden Valley, MN 55427 Thank You for your help. RESOLUTION SUPPORTING AN ADMINISTRATIVE FEE INCREASE FOR DEPUTY REGISTRARS WHEREAS, the 50 cent administrative fee for processing Department of Natural Resources licenses such as boats and snowmobiles has not been increased since 1971; and, WHEREAS, the cost of living index (CPI) has increased more than 250% during the past 24 years; and, WHEREAS, public and private deputy registrars which provide DNR license services to the public lose money on each transaction because the administrative fee has failed to keep pace with inflation; and, WHEREAS, the administrative deputy registrars fee charge for handling motor vehicle transactions has increased from $.75 to $3.50 during the same 24 year time period; and, WHEREAS, the membership of the Minnesota Deputy Registrars • Association has passed a resolution at their annual meeting requesting the administrative fees for boats, snowmobiles and ATVs be increased to $3.50 for all services provided by Deputy Registrars in Minnesota. BE IT RESOLVED, that the city of supports legislation which will increase the administrative fees collected by Deputy Registrars on DNR transactions from $.50 to $3.50. BE IT FURTHER, RESOLVED, that the City Council of _ encourage the League of Minnesota Cities (LMC) to adopt a similar policy as part of their legislative program for 1995. RGAj{ QW- 1.WS1. • 1� : (1Z) HUTCHINSON POLICE SERVICES MEMORANDUM TO: Gary Plotz, City Administrator FROM: Steve Madson, Chief of Policed DATE: February 1, 1995 RE: Out of State Conference This memorandum will serve as a request to send Officer Dave Mueller to the International Police Mountain Bike Association Conference. The conference will be hosted by the Milwaukee, Wisconsin Police Department from April 30 through May 6, 1995. The registration fee is $405.00 and is budgeted for this operating year. Officer Mueller serves as the department bicycle patrol coordinator and is involved in the Light Traffic Task Force. Additionally, he is participating in bicycle safety education in the . elementary school grades. I believe that this conference would be beneficial as far as keeping Officer Mueller updated as to the latest techniques in bicycle patrolling as well as safety issues. If you have any questions or concerns, please do not hesitate to contact me at your earliest convenience. /lkg 95 -02 -0002 0 6tateof Ainntgota, ..... .. .. - City .................... of ......... HutchInsion. ............................ County of .. .. .. )McLeod .................... ............................... .application No.................. ............................... Application for License to Sell Cigarettes at Retail The undersigned resident...... of the............_ . .. .... .... ....... ... c1ty ............. of ......... Hutc.hiuso.n .............. .................. in the county of ............ McLeod............ _..........._ ..............._ ., State of Minnesota, HEREBY X.IKE ..... .4PPLIC.1- TION FOR LICENSE to be issued to ................... J. IF r. 9.e. kl.'. s ... Z. tp- M g. r ... P I.Q. M b..q. P.. I zz X:. T ............... to sell cigarettes and cigarette papers and wrappers at retail at ..................... Hutch Cafe, 122 Main Street S. ................................... ... ... I ..... - ............................................................... .... .. . ................ ........... I ................................ ....... I ..................... in the .. .... - ....... City ................. .......... of .................. Butchinson ........ .... .... .... in said county and state for the term of .. .... -.1 .................... o.ne..-y.e.a.r .......... ...... beginning with the .......... 1.s..t. day of. . _4anuary ......... .. ......... 19 .... 95, subject to the laws of the State of Minnesota and the ordinances and regulations of said ... " ......... ................. cit.y ................ of ......... Hutchinson ................. .......................... pertaining thereto, and herewith deposit .. _50_GG ............. _..........in payment of the fee therefor. Dated........... /--2— 109��z ..... ....... I ...... .......................... .............. .. x .. 'V 3 CITY OF HLITCHIN 0 0 0 City of Hutchinson FEE: $100.0 0 APPLICATION FOR GAMBLING DEVICES LICENSE Approved hiz- Building Fire Application shall be submitted at Police least days prior to the Gambling occasion I, ROGER F KABLE AND I, SHELDON A NIES Name of Authorized Officer of Name of Designated Gambling Organization Manager Hereby submit in duplicate this application for a license to conduct Gambling devices in accordance with the provisions of the City of Hutchinson Ordinance NO. 655 and Minnesota Statutes Chapter 349 for the license year ending 1995 Sienatures: Auth63rited Officer of Organization Designated Gambling Manager of organization A. The following is to be completed by the duly authorized officer of the organization: 1. True Name: KABLE ROGER FRANK (last) (first) (middle) 2. Residence Address: 1212 LEWIS AVE HUTCHINSON MN 55350 (street) (city) (state) (zip) 3. Date of Birth: 3/20/43 4. Place of Birth JACKSON MN (mo /day /year) (city /state) 5. Have you ever been convicted of any crime other than a traffic offense? Yes No X If Yes, explain B. The following is to be completed by the designated gambling manager of organization: 1. True Name: NIES SHELDON ALEX (last) (first) (middle) 2. Residence Address: 1118 JEFFERSON ST SE HUTCHINSON MN 55350 (street) (city) (state) (zip) 3. Date of Birth: 3/26/41 4. Place of Birth: LITCHFIELD MN (mo /day /year) (city /state) 5. Have you ever been convicted of any crime other than a traffic offense? Yes No X . If yes, explain 6. How long have you been a member of the organization? 25 YRS S 7. Attach a copy of the official resolution or official action designating you gambling manager. C. Game Information: 1. Place where gambling devices will be used LAMPLIGHTER LOUNGE II 2. Date or dates gambling devices will be used MONDAY- SATURDAY (date and /or day(s) 3. Hours of the day gambling devices will be used: of week) From 11 A.M. To 12:30 A.M. P.M. P.M. 4. Maximum number of players 200 5. Will prizes be paid in money or merchandise? MONEY /MERCHANDISE 6. Will refreshments be served during the time the gambling devices will be used? Yes X No . If so, will a charge be made for such refreshments? Yes X NO D. Organization Information: 1. Address where regular meetings are held 720 HWY 7E HUTCHINSON 2. Day and time of meetings 1ST & 3RD WEDNESDAYS 7:30 PM. 3. Is the applicant organization organized under the laws of the State of Minnesota? Yes X No 4. How long has the organization been in existence? 25 YRS 4a. How many members in the organization? 280 5. What is the purpose of the organization? FRATERNAL 6. Officers of the Organization: Name Address Title ROGER KABLE HUTCHINSON MN EXALTED RULER KELLY BARCLAY HUTCHINSON MN LEADING KNIGHT MARK LIES HUTCHINSON MN LOYAL KNIGHT 7. Give names of officers or any other persons paid for services to the organization: Name Address Title DENNIS SCHROEDER HUTCHINSON MN SECRETARY CHARLES DRAEGER HUTCHINSON MN TREASURER E u D. Organization Information: (Continued) 8. In whose custody will organization records be kept? Name ELKS LODGE #2427 Address 720 WHY 7E HUTCHINSON MN 9. If the organization carries sufficient insurance to compensate the players in the event any injury is sustained by players while gambling devices are used, or while on the licensed premises, please state the Name of Insurer NATIONAL SURETY CORP and Policy No. CSR 2163118 10. Have you (Manager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices? YES 11. Attach a list of all active members of the organization. E. The following information is provided concerning a fidelity bond given by the gambling manager in favor of the organization. 1. Name of bonding company OLD REPUBLIC SURETY COMPANY 2. Address of bonding company PO BOX 1976 DES MOINES, IA 50306 -1976 3. Amount and duration of bond $10,000 CONTINUOUS 3/01 4. Application is hereby made for waiver of the bonding requirements. Yes No X I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 655 relating to gamblimg, and I will familiarize Subscribed and sworn to Wore me a ppn��ot��ary publi this 3RD day of FEBRUARY , 1995 %�w 7Y%f1G �L =4ANMSOTA Si nature of Notary Public CT Commission expires on " = Subscribed and sworn to be re me a notary public on this 3RD day of FEBRUARY , 19 95 Via. oignature or Notary r Commission expires on EMPLOYER ID SaciaLSe Number: 41- 0983307 MN Business ID Number: 7609634 • KAREN M. GEHRKE L0213 Minnesota Lawful fumbling (Rev. 611"2) Gambling Manager Affidavit (Attach to the Gambling Manager Application, Form L0212) STATE OF MINNESOTA ) AFFIDAVIT OF QUALIFICATION s e. FOR GAMBLING MANAGER LICENSE COUNTY OF McLEOD ) AND CONSENT STATEMENT (andaMinnesota Rule o7861 003 Subp. 2B(3))(a) St1ELDON A NIES , tinder oath state that: (typelprint nama) 1. 1 have never been convicted of a felony. 2. 1 have not, within live years, committed a violation of law or board rule that resulted in the revocation of a license Issued by the Lawful Gambling Control Board. 3. 1 have never been convicted of a criminal violation involving fraud, theft, tax evasion, misrepresentation, or gambling. 4. t have never been convicted of assault, a criminal violation Involving the use of a firearm, or making terroristic threats. s. I am not an assistant gambling manager for any other organization. a. 1 am not a gambling manager for any other organization. In addition, I understand, agree and hereby Irrevocably consent that Suits and actions relating to the subject matter of the attached gambling manager license, or acts or omissions arising from such application, may be commenced against my organization and I will accept the service of process for my organization in any court of competent jurisdiction In Minnesota by service on the Minnesota Secretary of Slate of any summons, process or pleading authorized by the laws of Minnesota. Public Safety to conduct crimiin authorizes f al background check or review and o sheet eresults wiilh the Lawful Gambling Control Board. a Failure to provide required Information or providing false or misleading information may result In the denial or revocation of the license. Subscribed and sworn to before me this �5 -t+l day of 11ML 192:±— H << n County (Signature of applicant - gambling manager) ELKS LODGE 2427 HUTCHINSON (Name of organization) A -00196 License number Notdrf Public KAREN M.GEHRKE My commission expires .0toj97 NOTARYPU6LIC- MINNESOTA McLEOO COUNTY My Comm. Exp. Apr. 10, 1947 10 • 0 • • DAVID B. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON* STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE'* RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD TALSO ADMITTED IN TEXAS AND NEW'.PR ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 FAX 16121587 -4096 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON January 30, 1995 Re: Augusta Homes Project Our File No. 3244 -94077 Dear Gary: OF COUNSEL RAYMOND C LALLIER JANE VAN VALKENBURG 5881 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55416 (6121 545 -9000 FAX 1612) 545 -; 793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 161 21 389 -2 21 4 FAX 16121 389 -5506 FEB 1 1995 As part of the financing on this project, Augusta Homes as assigned certain interests to Norwest Corporation and a copy of the Assignment Agreement and the Consent to the Assignment is enclosed with this correspondence. I have no objection to the Assignment, although I do believe this should be routinely approved by the City Council. I would suggest that this correspondence and the Assignment be placed on the consent agenda for action by the City Council on February 14, 1995. Once executed, a copy of the Assignment should be sent to our office and the original sent to Norwest Corporation, Attention David Chalfant, Senior Counsel, Northwest Center, Sixth and Marquette, Minneapolis, Mn. 55479 -1026. Thank you for your time and attention to these matters. Best regards. Very truly-A-PTU-ts, ARNOLD P. L.L.P. G. BVry Anderson GBA:lm Enclosure CC Brianp SJolsrudA'— n'v�•EFj7yFjEfd,$_p,iCIVIL ROPERTY SPECIALIST LAW SPECIALIST IBS THBy 'THE MINNESOTA NESOTA STBA TE BAR IATION 0 ASSIGNMENT OF DEVELOPMENT AGREEMENT THIS ASSIGNMENT is made this3l* day of August, 1994, by and between Augusta Building Corporation, a Wisconsin corporation ( "Augusta ") and Crow River Apartments Limited Partnership, a Wisconsin Limited Partnership ( "Crow River ") (Crow River and Augusta to be referred to as the "Assignors ") and Norwest Bank Minnesota Central, National Association (the "Assignee "). RECITALS A. Crow River has entered into a Construction Loan Agreement (the "Loan Agreement ") of even date herewith with the Assignee under which the Assignee has agreed to make advances to Crow River not exceeding the aggregate principal sum of $2,250,000.00 in accordance with the terms thereof to finance construction of certain improvements (the 'Project ") to be constructed on real estate located in McLeod County, Minnesota (the 'Property "). Crow River has contracted with its affiliate Augusta t9 construct the improvements on the Property. • B. In furtherance of its efforts to develop the Project, Augusta has entered into a Development Agreement (the 'Development Agreement ") with the City of Hutchinson, Minnesota (the "City") whereby the City will provide Augusta with tax increment financing pursuant to the provisions of Minnesota Statutes § §469.174 through 469.179, as amended, the Development Agreement is binding under its terms upon Crow River as a successor -in -title to Augusta as owner of the Property. C. The Assignee has required, as a condition to making any advances under the Loan Agreement, execution of this Assignment by the Assignors and acknowledgment and consent hereto by the City of the Development Agreement and the right to the payment of tax increment financing proceeds thereunder to the Bank or its assignee. NOW, THEREFORE, in consideration of the foregoing, the Assignors do hereby conditionally grant, assign, transfer and set over under the Assignee all of their right, title and interest in and to the Development Agreement, including the right to the payment of tax increment financing proceeds. A true and correct of the Development Agreement has been delivered to the Assignee as of this date. 1. Following an Event of Default as set forth in Article VI of the Development Agreement and the acceleration of the Construction Note as defined in the Loan Agreement, the Assignee or its successors and assigns shall become the owner of the Development Agreement • 4 -G of written notice to the City exercising its rights hereunder to assume the Development Agreement. 2. The Assignors agree that the Assignee does not assume any of the obligations or duties of the Assignors under or with respect to the Development Agreement unless and until the Assignee shall have given the City written notice that it is exercising its right to complete or cause a completion of construction of the Project following the occurrence of an event of default under f the Loan Agreement. In the event that the Assignee does not personally undertake to complete such construction, the Assignee shall have no liability whatsoever for the performance of any such obligations and duties. For the purposes of completing the Project, the Assignee may, in its absolute discretion, reassign its right, title and interest in the Development Agreement upon notice to the City but without any requirement of the Assignors' consent. The Assignors represent and warrant that there have been no prior assignments of the Development Agreement, that the Development Agreement is a valid, enforceable agreement, that neither parties are in default thereunder and that all covenants, conditions and agreements have been performed as required therein, except those not due to be performed until after the date hereof. The Assignors agree that no change in terms thereof shall be valid without the written approval of the Assignee. The Assignors agree not to assign, sell, pledge, mortgage or otherwise transfer or encumber its interest in the Development Agreement so long as this Assignment is in effect. 3. This Assignment shall constitute a perfected, absolute and present assignment provided that the Assignee shall have no right under this Assignment to enforce the provisions of the Development Agreement until an event of default shall occur under the Loan Agreement and the Note given by the Assignee thereunder is accelerated. Upon the occurrence of any such Event • of Default, the Assignee may, without affecting any of its rights or remedies against the Assignors under any other instrument, document or agreement, exercise its rights under this Assignment as the Assignors' attorney -in -fact in any manner permitted by law subject to this limitation on further assignment by the Assignors, this Assignment shall be binding on the Assignors and their successors and assigns, and shall inure to the benefit of the Assignee and its successors and assigns. 4. This Assignment can be waived, modified, amended, terminated or discharged only and explicitly in a writing signed by the Assignee. However if signed by the Assignee shall be effective only in the specific instance and for the specific purpose given. The mere delay or failure to act shall not preclude the exercise or enforcement of any of the Assignee's rights or remedies hereunder. All rights and remedies of the Assignee shall be cumulative and may be exercised singularly or concurrently at the Assignee's option, and the exercise or enforcement of any one such right or remedy shall neither be a condition or bar the exercise or enforcement of any other. E 40 0 IN WITNESS WHEREOF, the Assignors have executed this Assignment as of the day and year first above written. AUGUSTA BUILDING CORPORATION By: (J�.61l Its: VI C" 1ies r CROW RIVER APARTMENTS LIMITED PARTNERSHIP, A WISCONSIN LIMTFED PARTNERSHIP By its General Partner WESTERN WISCONSIN HOUSING COMPANY, INC. By: , XL';; Y� y� Its: Vice- Aesi<lee-nl SnC- NORWEST BANK MINNESOTA CENTRAL, NATION SSOCIATION By: //,, -/� Its: 6z /C A&' CXPJ� ACKNOWLEDGMENT AND CONSENT In consideration of the Assignee making the Construction Loan to the Assignors as described in the foregoing, the undersigned City hereby consents to the above Assignment and acknowledges and agrees with the Assignee as follows: 1. The City has entered into a Development Agreement with the Assignors whereby the Assignors have agreed to construct rental apartments on property owned by the Assignors. 2. The Development Contract is in full force and effect and has not been modified or assigned and no event has occurred or fail to occur as of the date hereof which, but for the passage of time, the giving of notice or both, would be a default thereunder. 3. Upon the occurrence of an Event of Default under the Development Agreement, the City shall give notice to the Assignee in writing as soon as possible and in no event more than ten days thereafter. 10 4. The Assignee may enforce the obligations of the Development Agreement with the same force and effect as if enforced by the Assignors, and may perform the obligations of the Assignors; and the City will accept such performance in lieu of performance by the Assignors in satisfaction of the Assignors' obligations thereunder, and direct all payments of tax increment • financing proceeds directly to the Assignee. 5. The City will not terminate the Development Agreement on account of any default of the Assignors or the Assignee without giving written notice of such default to the Assignee and providing the Assignee thirty (30) days to cure the default or commence completion of the construction of the Project. In the event the Assignee so elects to complete the Project, the undersigned agrees not to terminate said contract so long as the defaults of the Assignors thereunder are cured by the Assignee within a reasonable time. However, nothing herein shall require the Assignee to cure any default of the Assignors under the Development Contract. CITY OF HUTCHINSON, MINNESOTA, a municipal corporation Dated: By: Dated: By: Its: dc1327f1 0 PUBLICATION NO. 4760 NOTICE OF HEARING ON PROPOSED IMPROVEMENT LETTING NO.8 PROJECT NO. 95- 10/95. 11/95 -12 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota will meet in the Council Chambers of the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at 8:00 will the 14th day of February, 1995, to consider the making of an improvement of: Project No. 95 -10: McDonald Drive from Park Island Drive to Barley Street by the construction of storm sewer, sanitary sewer, sewer services, watermain, water services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous wear course and appurtenances; Project No. 95-11: McDonald Drive from Park Island Drive to Roberts Road and Roberts Road from McDonald Drive to Otter Lake by construction of storm sewer, street restoration and appurtenances; Project No. 95 -12: Roberts Road from McDonald Drive to Harvest Street by construction of 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 5203,200.00 with an estimated 5206,000.00 assessable cost, for the total estimated cost of $409,200.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: January 24, 1995. 0 Crty Admr rator PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, JANUARY 31ST, 1995 AND TUESDAY, FEBRUARY 7TH, 1995. -�- -A CITY OF HUTCHINSON / 1995 PUBLIC HEARINGS 11 95 -10: McDonald Drive (Park Island Drive to Barley Street) Utility and Street Construction 95 -11: McDonald Drive (Park Island Drive to Roberts Road) and Roberts Road (McDonald Drive to Otter Lake) Storm Sewer Upgrade 95 -12 Roberts Road (McDonald Drive to Harvest Street) Street Construction Estimated Assessments ITTE M RANGE AVERAGE STREET IMPROVEMENTS (with curb) $30-36 /FF $ 33 STREET IMPROVEMENTS (w /o curb) $18-24 /FF $ 21 . DRIVEWAY REPLACEMENT $650 -850 /each $750 SANITARY SEWER LATERAL $18 - 22 /FF $ 20 SANITARY SEWER SERVICE $600 -900 /each $ 800 WATERMAIN LATERAL $18 - 22 /FF $ 20 WATER SERVICE $600 -900 /each $ 800 STORM SEWER $ 0.03 - 0.05 /SF $ .04 Notes ► Unit prices noted are estimated only and are not guaranteed. Actual assessments will be based on bids received. ► City pays for street oversizing, sideyards, intersections and previously paid areas. ► Assessments to unplatted and/or undeveloped properties may be deferred according to City policy. ► Water and sewer services will be extended to the property line only. Extension from w the property line to the house, if desired, is the responsibility of the home owner. L, a c in O� n v c ti a J a i v rn v z M ti e" Q WOMTH a 1 RESOLUTION NO. 10395 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 8 PROJECT NO. 95- 10/95- 11/95 -12 WHEREAS, a resolution of the City Council adopted the loth day of January, 1995, fixed a date for a Council Hearing on the improvement of: Project No. 95 -10: McDonald Drive from Park Island Drive to Barley Street by the construction of storm sewer, sanitary sewer, sewer services, watermain, water services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous wear course and appurtenances; Project No. 95-11: McDonald Drive from Park Island Drive to Roberts Road and Roberts Road from McDonald Drive to Otter Lake by construction of storm sewer, street restoration and appurtenances; Project No. 95 -12: Roberts Road from McDonald Drive to Harvest Street by construction of 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 14th day of February, 1995, 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: 1. Such improvement is hereby ordered as proposed in the resolution adopted the loth day of January, 1995.. 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 14th day of February, 1995. Mayor City Administrator n iL � PUBLICATION NO. 4761 NOTICE OF HEARING ON PROPOSED IMPROVEMENT LETTING NO.9 PROJECT NO. 95- 13/95- 14/95 - 15/95. 18/95- 19/95 -20 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at 8:00 P.M. on the 14th day of February, 1995, to consider the making of an improvement of: Project No.95.13 Municipal Parking Lots A, B and at Old City Hall Site by construction of bituminous overlay and appurtenances of Parking Lot A; grading, gravel base, storm sewer tiling and repair; concrete curb and gutter, bituminous surfacing and landscaping and appurtenances of existing Parking Lot B and at Old City Hall Site; and Project No. 95-14 Campbell Court by construction of bituminous wear course construction and appurtenances; and Project No. 95 -15 Schmidtbauers Fourth Addition - Phase 2 (Orchard Avenue, Sherwood Street and Elk Drive) by construction of bituminous wear course construction and appurtenances; and Project No. 95 -19 Hunters Ridge Sidewalk/Pedestrian Path by construction of grading and gravel base and appurtenances for future pedestrian path along north side of 8th Avenue; and • Project No. 95.20 Sunset Street Adjacent to Century Court from Cleveland Avenue to Century Avenue by construction of grading, gravel base, concrete curb and gutter, storm sewer and bituminous base and 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 $155,000.00 with an estimated $88,050.00 assessable cost, for the total estimated cost of 5243,050.00. • Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: January 24, 1995. r t 1, PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WH ETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, JANUARY 31ST, 1995 AND TUESDAY, FEBRUARY 7TH, 1995. _ n /T CITY OF HUTCHINSON / 1995 PUBLIC HEARINGS 95 -13: Municipal Parking Lots (A, B & Old City Hall Site) • Drainage and Surfacing 95 -14: Campbell Court* 95 -15: Schmidtbauers 4th - Phase 2* Bituminous Wear Course 9S -19: Hunters Ridge Sidewalk/Pedestrian Path Subgrade /gravel 95 -20: Sunset Street (Century Avenue to Cleveland Avenue)* Street Improvements * Assessable Estimated Assessments (per Subdivision Agreement) E CAMTBELL COURT Bituminous Wear Course Bituminous Wear Course f .V1@D $700 - 900 /lot $600 - 800 /lot SUNSET STREET CENTURY TO CLEVELAND AVENUE) AVERAGE -:11 $ 700 Street Improvements $58 - 70,000 total $64,500 According to Subdivision Agreement, half of the costs are to be assessed to Lot 1 of Century Court, and the other half deferred to Lot 2 of Century Court) Notes ► Unit prices noted are estimated only and are not guaranteed. Actual assessments • will be based on bids received. J �� . RESOLUTION NO. 10396 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING No. 9 PROJECT NO. 95. 13/95- 14/95- 15/95. 19/95.20 WHEREAS, a resolution of the City Council adopted the 24th day of January, 1995, fixed a date for a Council Hearing on the improvement of: Project No.95 -13 Municipal Parking Lots A, B and at Old City Hall Site by construction of bituminous overlay and appurtenances of Parking Lot A; grading, gravel base, storm sewer tiling and repair; concrete curb and gutter, bituminous surfacing and landscaping and appurtenances of existing Parking Lot B and at Old City Hall Site; and Project No. 95 -14 Campbell Court by construction of bituminous wear course construction and appurtenances; and Project No. 95 -15 Schmidtbauers Fourth Addition - Phase 2 (Orchard Avenue, Sherwood Street and Elk Drive) by construction of bituminous wear course construction and appurtenances; and Project No. 95 -19 Hunters Ridge Sidewalk/Pedestrian Path by construction of grading and gravel base and appurtenances for future pedestrian path along north side of 8th Avenue; and • Project No. 95 -20 Sunset Street Adjacent to Century Court from Cleveland Avenue to Century Avenue by construction of grading, gravel base, concrete curb and gutter, storm sewer and bituminous base and 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 14th day of February, 1995, 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: 1. Such improvement is hereby ordered as proposed in the resolution adopted the 24th day of January, 1995.. 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 14th day of February, 1995. Mayor City Administrator Hutchinson Comm Telephone (612) 567 -7500 Fax (612) 234 -4240 To: Mayor, City Council, City Administrator From: Dick Lennes, HCDC t City Center Building 111 Hassan Street Southeast Hutchinson, MN 55350 At the Tuesday, February 14 City Council Meeting you will be considering the 'Bud" Daggett donation of his three lots in the Industrial Park to the City of Hutchinson. Representing HCDC, I encourage you to accept his offer. Access to the land will greatly increase our opportunities to attract businesses to the Industrial Park. I would susggest two resolutions: 1. Resolution to accept the donation of the Daggett real estate (Document prepared by Barry Anderson) 2. Motion to decertify the assessments on the property so as to free it of all encumberances and to direct HCDC to develop guideline recommendations for the management of the property . c.— A, `tchinson ARNOLD. ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE • DAVID B. ARNOLD' HUTCHINSON, MINNESOTA 55350 -2563 OF COUNSEL STEVEN A. ANDERSON RAYMOND C. LALLIER G. BARRY ANDERSON' (612) 5$7 -7575 JANE VAN VALKENBURG STEVEN S_ HOGE FAX (612) 587 -4096 LAURA K. FRETLAND 5881 CEDAR LAKE ROAD DAVID A. BRUEGGEMANN RESIDENT ATTORNEY MINNEAPOLIS. MINNESOTA 55416 PAUL D. DOVE* G. BARRY ANDERSON (6121 5459000 RICHARD G. M<GEE FAX 1612? 545-193 CATHRYN O. REHER GINA M. BRANDt February 3, 1995 SOI SOUTH FOURTH STREET BHETT D. ARNOLD PRINCETON, MINNESOTA 5537! 16121389 -2214 'ALSO ADMITTED IN TEXAS AN. NEW TORT( FAX (612) 369 -5506 Mr. Dick Lennes Hutchinson Community Development Corporation Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Re: Daggett Donation Our File No. 3188 -87001 Dear Dick: Enclosed herewith please find a proposed resolution accepting the donation of the Daggett real estate. 0 It is my understanding that Mr. Daggett wanted the donation to be expressly conditioned upon the agreement of the City to waive any assessment charges now pending. The agreement has been drafted with this condition in mind and from the perspective of the City, this requirement, assuming it is acceptable to the City Council, does not pose a problem. I presume that Mr. Daggett will check with his tax adviser to make certain that the inclusion of this language does not create any concerns. We will need to do a standard judgment search and a review of the record and I will perform those tasks prior to the next regularly scheduled meeting of the City Council. Please do not hesitate to contact me should you have any questions in connection with the foregoing. Thank you. Best regards. Very & DO)f`PJ, P.L.L.P. G. Ba nderson ncl lm E os Enclosure j CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION - CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION RESOLUTION NO. 10397 THIS RESOLUTION is made and entered into this _ day of February, 1995, by the City of Hutchinson. RECITALS: 1. Eugene Daggett ( "Daggett ") is the owner of certain real estate located within the city limits of the City of Hutchinson legally described as follows: Lots 7, 8 and 9, of Block 1, First Addition, to Hutchinson Industrial District. 2. Said property is presently subject to assessments deferred and otherwise totalling approximately $13,725.00; 3. Daggett desires to donate the above described real estate to the City of Hutchinson subject only to the requirement that said property be relieved of the assessment expense and the City is • willing to accept the gift of the property subject to this condition. NOW THEREFORE BE IT RESOLVED that the City of Hutchinson accepts the donation of the above described real estate and agrees further to relieve the property of any assessment levies or charges pending as of February 14, 1995. Dated: Attest: Gary D. Plotz City Administrator 11 CITY OF HUTCHINSON By: Marlin Torgerson, Mayor 0 DATE: January 25, 1995 TO: Marlin Torgerson City Council Members Gary Plotz FROM: Dick Lennes RE: Finance Team Recommendation At the last Hutchinson Community Development Corporation meeting the Board of Directors ap- proved a recommendation from the HCDC Finance Team relating to a new loan program in our economic development loan fund. To refresh your memory this is a fund that became possible because of a grant from the State of Minnesota to the City of Hutchinson who then converted that money into a loan to New Dimensions Plating. New Dimensions Plating now has repaid in principal and interest in excess of two hundred thousand dollars ($200,000.00) that is not being used for any loan purpose at this time. . The Finance Team has set up essentially the same criteria for the loan program as it existed when the City Council approved it back in 1986. The money is primarily to be used by industry for build- ing and equipment. The current approved rate is 8% interest. That amount was established when interest rates were about 15% or 16% for businesses. • The recommendation coming to you is to approve the use of this money for the same purposes that exist in the City Council approved procedures, but to change the interest rate to read as follows: "Establish an interest rate for the economic loan economic development loan fund at 2% points less than the average prime/base rate of the three major Hutchinson banks and that the interest rate would be adjusted annually on January ist. The Finance Team has the authority to recommend a interest rate floor and ceiling at the time of loan approval. " The interest rate for this money must be established by the City Council before the loan program can be implemented. We ask for your favorable consideration of this item. 9_R ram IL'F14STRUCI'L;RE Fv mw&.iECDsnoJr February 10, 1995 Gary Plotz City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 -2522 Re: Bid Recommendation WTP Chlorination System Rust Project No, 43098.200 Dear Mr. Plotz: RlfTCnaro•msnta[Infx=..n tnc. 1031 c mpcl Uric. Grn I -1 M.""noels wx 6iol d iAt,r 55;.;001 • F.�('4`_: s� !s0e Bids were received on Thursday. February 9 for the referenced project. 'fhe Bids nddr cssed two t2) contracts, including one for equipment and a second for general constnletion and equipment installation. We recommend that bids for Contract "A "- Cienerai Construction Work he rejected and that this project be re- advertised. The bids for Contract "B" - Equipment procurement should be accepted and an award should he made to Vessco, Inc in the amount of $21,438 00. Contract "A" should he rejected because the price was excessive and only one bid proposal was received. Our estimates continue to indicate a contract cost of approximately $25,000. The bid • received for Contract "A" included a cost of $43,000. Therefore, we recommend that the project be re- advertised in the local newspaper and that contractors within the region be made aware of the project through direct solicitation by City and Rust stair. We have reviewed our recommendations with Randy DeVries and Dick Nagy, and they are in concurrence with these recommendations. I will he in attendance at Tuesday's Council meeting to answer any questions the' Council may have regarding these recommendations • Sincerely, Scott Project Manager cc: Dick Nagy Randy DeVries Qrw&ty thmmzh uamuw4 30'd 60Zt99Z19 'ON Xdd ellodeauu114-IS3 IS(18 H:M 183 96- 01 -83d BID TABULATION CITY OF HUTCHINSON PROJECT Chlortna ion System Mod rations BIDDER SURETY AMOUNT DELIVERY Quade Electric Hutchinson, MN Bid Bond - 5% CONTRACT A $42,775.00 VanBergen & Markson, Inc. Minneapolis. MN No Bid Bond Required CONTRACT B $22,821.00 Vessco Inc. Eden Prairie, MN No Bid Bond Required CONTRACT B $21,438.00 8 -10 WPPks E HUTCHINSON AIRPORT COMMISSION MINUTES JANUARY 30, 1995 Meeting called to order by Mayor Marlin Torgerson at 7:20 p.m.. Members present: Mayor Marlin Torgerson, Joe Dooley, Jim Faber and Tim Miller. Members absent: Dave Skaar and Dennis Kahl. City Staff present: Doug Meier. Guests present: Bernie Knutson, Tim Eakins and Tom Parker. Motion made by Tom Miller and seconded by Jim Faber that Chuck Zimmerman be considered an out -of -town resident, and he is to remain on the out -of -town hangar waiting list. Motion passed unanimously. Sx LI_ Motion made by Tim Miller and seconded by Joe Dooley requesting the temporary closing of Butler Field for short periods of time on the following dg— May 20th, 1995 - Air Show and outing of the District Chapter Crow River Boy /Cub Scouts. August 18th thru' the 22nd, 1995 - McLeod County Fair, for 1 to 2 hours each afternoon. August 26th and 27th, 1995 - Airport Open House. Potion passed unanimously. • *NOTE: Request a seperate letter indicating Council approval per specified dates for each event. Addressed 'To Whom It May Concern', and all three letters are to be sent to Joe Dooley, Hutchinson, MN. 40 Sky Dive Hutch will be holding their Grand Opening on Memorial Day weekend. Meeting adjourned at 8:00 p.m.. Next Meeting scheduled for February 27th, 1995, 7:30 p.m. at the Airport Lobby. Report submitted by Doug Meier. iHutchinson City Center / I I I Hassan Street SE / Hutchinson, Minnesota 55350 -2522 / Phone (612) 234 -4209 / FAX (612) 234 -4240 MEMORANDUM TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering /Public Works DATE: February- 9, 1995 SUBJECT: Hutchinson Area Transportation Services (HATS) Facility Joint Powers Board ■ Attached please find a Resolution officially noting the City of Hutchinson's • representatives proposed for the HATS Joint Powers Board. The County and State will each have 1 member. At this point we are recommending that the Director of Engineering/Public Works and the Finance Director continue their roles. Please let me know if you would wish this to be different. file: HATS is 1— RESOLUTION NO. 10398 RESOLUTION DESIGNATING CITY REPRESENTATIVES ON HUTCHINSON AREA TRANSPORTATION SERVICES (H.A.T.S.) JOINT POWERS BOARD WHEREAS, the Joint Powers Agreement of the Hutchinson Area Transportation Services (HATS) Facility calls for the establishment of a Joint Powers Board consisting of I member each from the County of McLeod and the State of Minnesota, and 2 members from the City of Hutchinson, and; WHEREAS, the Director of Engineering/Public Works and the Finance Director have been acting as said representatives, and will be involved in the day to day operations of the facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That the Director of Engineering /Public Works and the Finance Director for the City of Hutchinson shall be the designated representatives for the City on the • HATS Joint Powers Board. Adopted this 14th day of February, 1995, by the City Council of Hutchinson, Minnesota. Mayor - Marlin Torgerson City Administrator - Gary D. Plotz • • • DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE' RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD ALSO ADMITTED IN TEXAS AND NEW YORK. ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP 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 February 3, 1995 Re: Tri Agency Facility Our File No. 3188 -94270 Dear Gary: OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (61 Z) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX(612)389 -5506 FEB 6 1995 I am enclosing herewith the draft of the Joint Powers Agreement for Operation which was drafted by Michael Junge, McLeod County Attorney. You may recall that I requested some revisions to this document and this draft is a result of the changes suggested by our office, as well as changes suggested by other parties. I am not in a position to evaluate the agreement as to substantive issues because I did not participate in those discussions. However, as to matters of form, I find the agreement acceptable and I believe it should be passed along to the City Council for action. Thank you. Best regards. y ypprs, Anderson GBII: lm Enclosure , P.L.L.P. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION / —F ��CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION McLEOD COUNTY ATTORNEY COURTHOUSE 830 11th Street East Suite 214 Glencoe, Minnesota 55336 (612) 864 -1265 (612) 587 -4680 Fax(612)864 -3410 TDD (612) 864 -6493 MICHAEL JUNGE JODY WINTERS McLEOD COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY January 27, 1995 John Rodeberg, P.E. Director of Engineering City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Ken Merrill Finance Director city of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Jack Kopacek Pre-Operations Engineer, MN DOT 2505 Transportation Road P.O. Box 768 Willmar, MN 56201 Gentlemen: ANDREW D.HULTGREN ASSISTANT COUNTY ATTORNEY Paul Jensen, Engineer MN Dept. of Transportation Office of Maintenance Transportation Building John Ireland Blvd., Room G -20 St. Paul, M2N 55155 Rick Kjonaas McLeod Co. Highway Engineer 2391 Hennepin Avenue North Glencoe, MN 55336 Barry Anderson Hutchinson City Attorney 101 Main Street South Hutchinson, MN 55350 Enclosed please find a corrected Joint Powers Agreement for the Operation of the Hutchinson Area Transportation facility. Please review this matter at your earliest convenience and let me know if any changes need to be made prior to execution of the agreement. Sincerely, Michael Junge McLeod County Attorney MJ:so Enclosure cc: Don Mueting EOCaL OPPCPTUMTY.t,PFIPMATIVE: TICN EMPLOYER / 17A • HUTCHINSON AREA TRANSPORTATION FACILITY JOINT POWERS AGREEMENT FOR OPERATION This Agreement is made and entered into by and between the State of Minnesota, acting by and through its Commissioner of Transportation, hereinafter referred to as "MN DOT" and the City of Hutchinson, Minnesota, acting by and through its City Council, hereinafter referred to as the "City ", and the County of McLeod, Minnesota, acting by and through its County Board of Commissioners, hereinafter referred to as "County" for the purpose of operating the Hutchinson Area Transportation Facility. WHEREAS, Minnesota Statute 471.59 and Minnesota Statute 161.02, Subd. 2 authorize the parties to make arrangements with and cooperate with any governmental authority for the purpose of effectuating the provisions of Minnesota Statute Chanter 161. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CREATION OF THE OPERATIONS JOINT POWERS BOARD This Agreement provides for the creation of the Joint Powers Board for the purpose of operating the Hutchinson Area Transportation Facility through a Joint Powers Agreement. The Joint Powers Board shall establish its own operating policies and procedures consistent with applicable laws. The Joint Powers Board will consist of four members. Two members shall be appointed by the City Council for the City of Hutchinson; one member shall be appointed by the State of Minnesota, Commissioner of Transportation; and one member shall be appointed by the-County of McLeod, Board of Commissioners. • The purpose of the Joint Powers Board shall be to set 9F operational rules of the facility, determine the budget, and to make any modifications in the Joint Powers Agreement that may be thought necessary. Modification of the Joint Powers Agreement must be approved by all parties of this Agreement. ARTICLE II. POWERS, DUTIES, AND RULES A. The Joint Powers Board may exercise all the powers that any of the entities involved in the Joint Powers Board may exercise individually. B. The Joint Powers Board may set operational rules by an affirmative vote of at least three of the four board members. The Joint Powers Board shall appoint a facility's manager to implement the directions of the Joint Powers Board. C. The facility shall be available for use by the parties to this Agreement 24 hours per day, 365 days per year. ARTICLE III. THE BUDGET PROCESS is A. The Joint Powers Board shall create a budget for the operational expenses of the facility, which shall include all utilities, maintenance, personnel, fiscal, management, and all other expenses necessary for the facility. Each entity shall be responsible for their own employees and the employees of one entity shall not be considered to be employees of any other entity in the Joint Powers Agreement or the Joint Powers Board. Any employees of the Joint Powers Board will be subject to the personnel regulations of the City of Hutchinson. B. The budget shall be developed by June 30th for the following calendar year. The operational budget for 1996 shall be set by June 30, 1995. The City of Hutchinson shall be responsible for 50% of the • 2 0 0 operational costs of the facility. The County of McLeod and the state of Minnesota shall each be responsible for 255 of the operational costs of the facility. This formula may be revised by the Joint Powers Board after December 31, 1996. C. The City of Hutchinson or its designee shall serve as the fiscal agent for the Joint Powers Board, and the cost of such fiscal services shall be included in the operational budget. As provided by Minn. Stat. 16B.06, Subd. 4, the books, records, documents, and account procedures and practices of MN DOT, the County, the City, and the Joint Powers Board relevant to the this Agreement are subject to examination by the State, County, and City, and either the legislative auditor or the state auditor, if requested. The budget year shall follow the City of Hutchinson fiscal year. D. Payment of facility costs. The State of Minnesota and the County of McLeod shall remit to the City of Hutchinson as fiscal agent 1/12 of the operational costs each month as determined by the operational budget. Any variances between actual costs and budget costs shall be corrected during the fourth quarter of the calendar year. E. Material costs. Each entity shall be responsible for payment of material costs based upon actual usage of material. Any loss or shrinkage of materials at the Hutchinson Area Transportation Facility site shall be borne pro rata according to the use of that material. ARTICLE IV. TERMINATION OF THE JOINT POWERS AGREEMENT If any party wishes to terminate its participation in this Joint Powers Agreement they shall give 12 months written notice to the 3 other parties. The withdrawing party may enter into an agreement with the remaining parties as to the financial terms of the termination of the Joint Powers Board. If the parties are unable to reach an agreement, the party that is withdrawing from the Joint Powers Board shall be entitled to reimbursement for capital expenditures previously made that have remaining value. For the purposes of termination of the Joint Powers Agreement, the useful life of the facility shall be deemed to be 30 years and straight line depreciation shall be used. The parties remaining in the Joint Powers Agreement may pay the withdrawing party over the remaining useful life of the facility. The $140,000 grant received from the Board of Government Innovation and Cooperation shall be disregarded in any financial settlement. ARTICLE V. RESOLUTION OF DISPUTES • A. If the parties to this Agreement have a dispute as to the terms of the Agreement, the operation of the facility, or the budget process, or any other term or conditions of the agreement process, all parties shall submit to mediation. ARTICLE VI. NONDISCRIMINATI The provisions of Minnesota Statute 181.59 and of any applicable ordnance relating to civil rights and discrimination shall be considered a part of this Agreement as if fully set forth herein. ARTICLE VII. LIABILITY FOR ACTIONS OF THE JOINT POWERS BOARD If any act of the Joint Powers Board results in liability of the Board, rather than its individual members, the respective agencies agree that they shall bear a proportionate share of the liability in proportion to their share of the operational budget in effect for the 0 El period during which the liability was incurred. Insurance for the facility shall be obtained through the City of Hutchinson. ARTICLE VIII. AGREEMENT APPROVAL Before this Agreement shall become binding and effective, it shall be approved by City Council resolution, by County Board resolution, and receive approval of the State, City and County officers as the law may provide, in addition to the Commissioner of Transportation or his authorized representative. IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. CITY OF HUTCHINSON By •Mayor Dated By City Administrator Date DEPARTMENT OF TRANSPORTATION Recommended for approval: By Director Pre-Letting Services Section By District Engineer Approved: By 0 State Design Engineer Date 5 COUNTY OF McLEOD By County Board Chair Dated By County Board Clerk Dated DEPARTMENT OF ADMINISTRATION Approved: By Dated DEPARTMENT OF FINANCE Approved: By Dated OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution By Assistant Attorney General OFFICE OF THE COUNTY ATTORNEY Approved as to form and execution: By 9 OFFICE OF THE CITY ATTORNEY Approved as to form and execution:. By • a r DATE: February 9, 1995 TO: City council FROM: Randy DeVries - Director of Wastewater SUBJECT: _ Recommendation concerning the purchase of a vehicle for the Wastewater Dept. On February 1, 1995, letters were sent to the following automotive dealers requesting quotes for the purchase of one (1) new 1995, 2 -wheel drive, mid -size Pickup Truck (S -10, S -15, or Ford Ranger): Plowman Ford and Wigen Chevrolet. The results are as follows: • Plowman Ford Highway #7 West Hutchinson, MN 55350 BID ONE Cash Bid - One (1) new 1995 Pickup Truck, 2 -wheel drive BID TWO Cash Bid - One (1) new 1995 Pickup Truck, 2 -wheel drive Less Trade -in of one (1) 1984 GMC S -15 Pickup NET BID: Myron Wigen Chevrolet Highway #7. East Hutchinson, MN 55350 BID ONE Cash Bid - One (1) new 1995 Pickup Truck, 2 -wheel drive $13,250.00 $13,250.00 - $ 800.00 $12,450.00 $12,987.00 BID TWO Cash Bid - One (1) new 1995 Pickup Truck, 2 -wheel drive $12,987.00 Less Trade -in of one (1) 1984 G14C S -15 Pickup - $ 300.00 City Center ! I I Hassan Street SE Hutchinson, MN 55350 -2522 (6!2)587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, rWN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Printed on re,-vf led paper - NET BID: $12,687.00 Police Services 10 Franklin Street SW 9 6� Hutchinson, MN 55350 -2464 —t , (612) 587 -2242 Fax(612)587 -6427 Page 2 My recommendation is that Plowman Ford, Hutchinson, MN, be awarded the contract to supply one (1) new 1995 2 -wheel drive pickup truck per specifi- cations, to the City of Hutchinson, and that we trade -in the used vehicle, a 1984 GMC S -15 Pickup truck at this time for a net bid of $12,450.00 after trade. The replacement of this vehicle was approved in the 1995 Budget. The vehicle came in $3,550.00 under budget after trade -in. This vehicle will be assigned to the Wastewater Department. • ' 1 u Mr. Gary D. Plotz City Administrator FEB 9 1AA� Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Re: Annexation Issues Our File No. 3188 -94241 Dear Gary: iEnclosed please find the revised Joint Resolution of the City of Hutchinson, the Township of Acoma, and the Township of Hutchinson as to the Orderly Annexation of Property. Please place this matter on the agenda for next Tuesday's meeting. Thank you. • Very truly yours, I LD, ANDESON & DOVE, P.L.L.P. G. Barry Anderson GBA:lm Enclosure *CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION - CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 911 ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITEO LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE DAVID B. ARNOLD' HUTCHINSON, MINNESOTA 55350-2563 OF COUNSEL STEVEN A. ANDERSON RAYMOND C. LALLIER G. BARRY ANDERSON' (612) 587 -7575 JANE VAN VALKENSURG STEVEN S. HOGE FAX (612) 567 -4096 LAURA K. FRETLAND 5881 CEDAR LAKE ROAD DAVID A. BRUEGGEMANN RESIDENT ATTORNEY MINNEAPOLIS, MINNESOTA 55416 PAUL D. DOVE ** (612) 545 -9000 G. BARRY ANDERSON RICHARD G. MCGEE FAX (612) 545 -1793 CATHRYN D. REHER - GINA M. BRANDT SOI SOUTH FOURTH STREET BRETT D. ARNOLD PRINCETON. MINNESOTA 55371 (6121 389 -2214 'ALSO AO.iITEO IN TEAS A.O NEW YORI( February 9, 1995 FAX (612) 369-5506 Mr. Gary D. Plotz City Administrator FEB 9 1AA� Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Re: Annexation Issues Our File No. 3188 -94241 Dear Gary: iEnclosed please find the revised Joint Resolution of the City of Hutchinson, the Township of Acoma, and the Township of Hutchinson as to the Orderly Annexation of Property. Please place this matter on the agenda for next Tuesday's meeting. Thank you. • Very truly yours, I LD, ANDESON & DOVE, P.L.L.P. G. Barry Anderson GBA:lm Enclosure *CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION - CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 911 William S. Radmill Andrew J. MacArthur Michael C. Couti January 27, 1995 KADZWILL LAW OFFICE Attorneys at Law 705 Central Avenue Eatt PO Box 369 St. Midwel, MN 55376 (612) 4971930 (612) 497 -2599 (FAX) G. Barry Anderson Attorney at Law Arnold, Anderson & Dove 101 Park Place Hutchinson, MN 55350 -2563 RE: Orderly Annexation Joint Resolution for Acoma and Hutchinson Tovnships and the City of Hutchinson Dear Mr. Anderson: Please find enclosed a redrafted original of the proposed Joint Resolution For Orderly Annexation of a 225 acre parcel from the townships to the City of Hutchinson. As per our telephone conversation, I have changed the wording to indicate that the payback of tax dollars over a five year period will be based upon a percentage of the amount of taxes paid in the year of annexation, 1995. The changed is based upon my understanding that the representatives of the city and the affected townships agreed upon the payback based upon the amounts set forth in the statute. If this is not the understanding of the township, please let me know as soon as possible. I was informed that the Acoma Town Board will meet on February 7, 1995 at 8 o'clock p.m., rather than on February 9 as indicated in your correspondence. I have been requested to attend that meeting. It is my understanding that yourself and /or representatives of the city would like to attend that meeting to discuss planning matters of mutual interest. I would encourage Acoma Township to offer you an invitation to this meeting, but that decision is, obviously, left to the discretion of the town board. If you have any questions please feel free to contact me. Very truly yours, Andrew Y. Mace RADZWILL LAW OFFICE Encl. cc: Town of Acoma 0 E • . JOINT RESOLUTION OF THE CITY OF HUTCHINSON, THE TOWNSHIP OF ACONA, AND THE TOWNSHIP OF HUTCHINSON AS TO THE ORDERLY ANNEXATION OF PROPERTY This joint resolution of the City of Hutchinson Acoma Township and Hutchinson Township is made and entered into this day of February, 1995, by the Hutchinson City Council, the Acoma Town Board, and the Hutchinson Town Board. RECITALS: WHEREAS, the Minnesota Municipal Board, as created by Minn. Stat. §414.01, has jurisdiction over certain annexation and orderly annexation issues; WHEREAS, the City of Hutchinson, the Township of Acoma, and the Township of Hutchinson desire to enter into an agreement allowing for the orderly annexation of certain property, pursuant to Minn. Stat. §414.0325, Subd. 1. WHEREAS, the parties hereto desire to reduce their agreement to writing; NOW THEREFORE, BE IT RESOLVED BY THE HUTCHINSON CITY COUNCIL, THE ACOMA TOWNSHIP BOARD OF SUPERVISORS, AND THE HUTCHINSON TOWNSHIP BOARD OF SUPERVISORS AS FOLLOWS: 1. Property Involved. The property which is the subject of this joint resolution is legally described as follows: A portion of said property lies within Acoma Township which, as presently constituted, consists of 223.90 acres. See attached Exhibit "B" A portion of said property lies within Hutchinson Township which, as presently constituted, consists of 2.05 acres. See attached Exhibit "A" 2. Municipal Board Jurisdiction. That upon approval by the respective governing bodies of the towns and the City, this joint resolution and agreement shall confer jurisdiction upon the Minnesota Municipal Board (Municipal Board) so as to accomplish the orderly annexation in accordance with the terms of this joint resolution and agreement. 3. No Alterations of Boundaries. The towns and the City mutually state that no alterations by the Municipal Board of the boundaries of the area designed herein for orderly annexation is appropriate or permitted. The Municipal Board may review and comment, but shall, within thirty (30) days following submission of • this Agreement, order annexation of that property described in Exhibits "A" and "B ". �'Y' 4. Consideration of Annexation. The City and the towns mutually agree that this joint resolution and agreement sets forth • all of the conditions for annexation of the area designated herein for orderly annexation and that no consideration by the Municipal Board is necessary. The Municipal Board may review and comment, but shall within thirty (30) days following submissions, order annexation. 5. Tax Break. Any persona owning lands annexed to the City pursuant to this Agreement shall receive a "tax break" consisting of a staged, graduated increase in tax rate from the township rate to the City rate over a five (5) year period in the following manner: First year following annexation - 10% of City rate Second year following annexation - 30% of City rate Third year following annexation - 50% of City rate Fourth year following annexation - 70% of City rate Fifth year following annexation - 90% of City rate The tax break described above applies only to residential property; commercial, industrial and residential property with a greater density than that permitted in an R -1 or R -2 Hutchinson zoning district within the City of Hutchinson, shall be taxed at the appropriate municipal rate. Notwithstanding the foregoing, any lands annexed to the City which are classified as agricultural lands shall be taxed by the City only at the rate provided by law for such agricultural lands and not at the full city tax rate for so long as said lands retain their classification as agricultural lands and so long as that classification is permitted by law. 6. Tax Income and Apportionment of Funds. In the year of annexation of any of the land subject to this Agreement, there shall be no apportionment of real estate tax income for the year in which the annexation takes place. The town shall receive all such income. State aid income and federal income shall likewise not be apportioned, unless required by federal or state law. Subsequent to the initial year of this agreement, real estate taxes on the lands subject to this Agreement shall be returned to the town at the following rates: First year following annexation - 90% of property taxes paid Second year following annexation - 70% of property taxes paid Third year following annexation - 50% of property taxes paid Fourth year following annexation - 30% of property taxes paid Fifth year following annexation - 10% of property taxes paid Any dedicated road or park funds, affected by annexation, shall be turned over to the City within fifteen (15) days after the date of the annexation order. Any accounts receivable for dedicated roads or park funds, to be collected in the future as special road assessments, shall be forwarded by the City to the town. — THIS RESOLUTION is adopted by the Hutchinson City Council this day of February, 1995. CITY OF HUTCHINSON By: Marlin Torgerson, Mayor Attest: Gary D. Plotz, City Administrator THIS RESOLUTION is adopted by the Town of Acoma Board of Supervisors the day of February, 1995. TOWN OF ACOMA By: Chair, Town Board of Supervisors Attest: Town Clerk THIS RESOLUTION is adopted by the Town of Hutchinson Board of • Supervisors the _ day of February, 1995. TOWN OF HUTCHINSON By: Chair, Town Board of Supervisors Attest: Town Clerk 1 LEGAL DESCRIPTION TRACT B (Area to be Annexed to city of Hutchinson) That part oL the Northeast, the Northwest and Southeast Quarters of Secti4 36, and that part of the Southeast and the Southwest Quarters of Section 25, all in Township 117 North, Range 30 West of the 5th Principal Meridian described as follows: Beginning at the northeast corner of said Section 36; thence southerly along the east line of the Northeast Quarter and along the east line of the Southeast Quarter of said Section 36, to the center line of Golf Course Roadi thence westerly, along the center line, to the intersection of the northerly prolongation Of the west line of MUNSELL ADDITION, according to the recorded plat thereof; thence southerly, along said northerly prolongation and along said west line of MUNSELL ADDITION, to the southwest corner of Lot 5 of Block 1 of said MUNSELL ADDITION; thence easterly, along the south line of said Lot 5, to the northwest corner of Lot 7 of said Block 1 of MUNSELL ADDITION; thence southerly, along the west line of said Lot 7, to the intersection with a line parallel with and 300.00 feet northerly of, as measured at a right angle to, the center line of State Highway No. 7 and No. 221 thence westerly, along said parallel line, to the intersection with the east line of the Northwest Quarter of the Southeast Quarter of said Section 361 thence northerly, along the last said east line, to the northeast corner of TWIN OAKS ADDITION, according to the recorded plat thereofl thence westerly, along the north line of said TWIN OAKS ADDITION, and its westerly prolongation, to the intersection with the north -south quarter line of said Section 36; thence northerly, along said north -south quarter line, to the southwest corner of JOHNSON'S COURT, according to the recorded plat thereof► thence easterly, along the south line of said • JOHNSON'S COURT and its easterly prolongation, to the northeasterly right of way line of Golf Course Road; thence northwesterly, along said northeasterly right of way line, to the intersection with said north - south quarter line; thence southerly, along said north -south quarter line, to the center line of said Golf Course Road; thence northwesterly, along said center line, to the intersection with the westerly prolongation of the north line of KRSIEAN ACRES, according to the recorded plat thereof; thence easterly, along said westerly prolongation and along said north line of KRSIEAN ACRES, to the north -south quarter line of said Section 25; thence northerly, along said north -south quarter line, to the intersection with the northeasterly line of MCLEOD COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 291 thence southeasterly and easterly, along said northeasterly line and along the northerly line of said MCLEOD COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 29, to the intersection with the east line of the Southeast Quarter of said Section 25; thence southerly, along the east line of the Southeast Quarter of said Section 25, to the point of beginning. Containing 223.90 acres. Pellinen Land Surveying, A Division of Comstock 6 Davis, Inc. Hutchinson, Minnesota Job No. 993539 January 29, 1995 (Revised) St.1'dnl Ittacvlllc M�K�n (, k0 L 4!rvina o.wr,uwl. LLq�, m1.6� 1L�,.iJ n.nn LEGAL DESCRIPTION TRACT A (Area to be Annexed to City of Hutchinson) That part of the Southwest Quarter of the Southwest Quarter of Section 30, Township 111 North, Range 29 West of the 5th Principal Meridian, described as follow33 Beginning at the southwest corner of said Southwest Quarter of the Southwest Quarter; thence northerly, along the west line of said Southwest Quarter of the Southwest Quarter, to the north line of MCLEOD COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 29; thence easterly, along the north line of MCLEOD COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 29, to the east line of said Southwest Quarter of the Southwest Quarter; thence southerly, along the east line of said southwest Quarter or me Southwest Quarter, to the southeast corner of said Southwest Quarter of the Southwest Quarter; thence westerly, along the south line of said Southwest Quarter of the Southwest Quarter to the point of beginning. Containing 2,05 acres, Pellinen Land.Surveying, A Division of Comstock i Davis, Inc. Hutchinson, Minnesota Job No. 993539 January 29, 1995 (Revised) . RESOLUTION NO. /c1/ ®c RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO.5 PROJECT NO. 95 -05 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of Harmony Lane and Lincoln Avenue by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, bituminous base and 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 Director of Engineering shall prepare and cause to be insetted 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, March 17, 1995, in the Council Chambers of the Hutchinson City Center by the City Administrator and/or Director of Engineering, will then be tabulated, and will be considered by the Council on March 21, 1995, in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the • Director of Engineering and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 14th day of February, 1995. City Administrator u Mayor 40 -A, RESOLUTION NO. la'Fol RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 7 PROJECT NO. 95- 07/95 48/95-09 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of: Project No. 95 -07: 5th Avenue NE from Bluff Street to Hwy. 15 South by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, bituminous base and surfacing, and appurtenances. Project No. 95 -08: Prospect Street NE from Hwy. 7 East to 6th Avenue NE by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, bituminous base and surfacing, and appurtenances. Project No. 95 -09: 6th Avenue NE from Bluff Street to East Terminus by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, bituminous base and 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 Director of Engineering shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be publicly opened at 10:00 am on Friday, March 17, 1995, in the Council Chambers of the Hutchinson City Center by the City Administrator and/or Director of Engineering, will then be tabulated, and will be considered by the Council on March 21, 1995, in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 14th day of February, 1995. Mayor City Administrator • OPEN -HOLD COUNCIL REPORT Tue Feb 14 1995 11:21:16 Page 1 --------------------------------------------------------------------------- 985 TIDS FIRST TRUST INTEREST $21,780.00 $21,780.00 1988 IMPROV. BDS AM.NATIONAL BANK INTEREST $233,500.00 $233,500.00 AIRPORT RENOVAT. MCLEOD COOP POWER ELECTRICITY $225.47 $225.47 CENTRAL GARAGE BRANDON TIRE CO CASINGS $1,089.76 CARQUEST AUTO PARTS SUPPLIES $651.12 CASH WISE PHOTOS $14.16 CITY OF HUTCHINSON FEB DENTAL $432.09 COAST TO COAST SUPPLIES $12.12 • CROW RIVER AUTO BATTERY $68.11 CRYSTEEL DISTRIBUTING TAIL GATE SPREADER $2,251.41 FORTIS BENEFITS FEE LTD $17.34 G & K SERVICES SHOP TOWELS $57.78 HOLT MOTORS INC RELAY $54.88 HUTCHINSON WHOLESALE SUPPLIES $503.40 JERRYS TRANSMISSION FUEL INJECTION LINE $73.17 L & P SUPPLY CO SHAFT $191.70 MN MUTUAL LIFE FEB LIFE $6.51 PLOWMANS MODULE $275.57 POSTAGE BY PHONE JAN POSTAGE $7.04 REACH EQUIPMENT RESHARPEN CHIPPER BLAD $42.69 SAM'S TIRE SERVICE STEM, O'RING, ETC $80.94 SCHMELING OIL CO 1000 FLUID $159.76 TERMINAL SUPPLY CO TAPS $27.7S TOWN & COUNTRY TIRE BATTERIES $69.17 $6,086.47 GENERAL FUND A & B ELECTRIC FAN STARTER REPAIR $809.69 •AAGARD WEST FEE PICKUP $616.93 AKRE, DANIEL SCOREKEEPER $60.00 ALBRECHT, FLORENCE SR. TOUR REFUND $55.00 ALLEN OFFICE PROD 30 STACK CHAIRS, 8 CON $4,997,72 AM RISK SERVICES FEB SERVICE $800.00 // At AM.WELDI_NG SUPPLIES ANDERSON'S DECORATING CENTER ARCHERY CLUB ASCAP ASKEW, DELORES • AUDIO INTELLIGENCE DEVICES OXYGEN $20.18 150' CARPET BASE $239.63 BOWS, 12 REGISTRANTS F $280.00 1995 DUES $225.00 SR. TOUR REFUND $25.00 BODY VOICE TRANSMITTER $1,403.00 OPEN -HOLD COUNCIL REPORT Tue Feb 14 1995 11:21:16 Page 2 BECKER ARENA PRODUCTS ROLLING ICE EDGER $701.30 BENNETT OFFICE SUP. SERVICE CONTRACT $469.8C BERGHUIS, KATHY COSTUME REFUND $35.00 BIG BEAR 6 SALT $40.11 BLACK HILLS AMMUNITION AMMUNITION $118.28 BRAUN, SUZANNE COSTUME REFUND $24.00 BRINKMAN STUDIO PHOTOS $12.74 BROWNELLS INC MAGNA LUX II, BRUSH, E $90.35 CADD /ENGINEERING SUPPLY BLUELINE $149.37 CASH WISE CAKE $46.10 CENTURY LABS CLEANERS $374.97 CFO LIBRARY TVALVE - WINDOWS $132.50 CHAMBER OF COMMERCE JAN BREAKFAST $714.00 CHANHASSEN DINNER THEATRES RESV FOR MARCH 15 $1,125.00 • CITY OF HUTCHINSON FEB DENTAL $29,370.70 COAST TO COAST SPRAY PAINT $673.89 COMM TRANSPORTATION HANGAR PAYMENT $700.00 COUNTRY KITCHEN PRISONER MEAL $6.71 COUNTY RECORDER NOTARY FOR M.CHELIN $103.00 CROW RIVER AREA QUALITY COUNCI JAN QUALITY SESSION $12.00 CROW RIVER GLASS GLASS $30.90 CROW RIVER VET CLINIC K -9 SUPPLIES $304.47 DAAK REFRIGERATION RESET FANS $38.00 DELRINA COMMUNICATIONS SUITE $89.95 DEPT NATURAL RESOURCES DNR REG FEES $1,501.00 DEPT OF EMPLOYEE RELATIONS PAY EQUITY SOFTWARE $15.00 DOMINO'S PIZZA PIZZAS $58.00 DRAHOS, ARLYCE SR. TOUR REFUND $25.00 DUESTERHOEFT, DELORES SR. TOUR REFUND $25.00 EEBA REG- M.SCHNOBRICH $75.00 ELECTRO WATCHMAN 1994 POLICE CHARGE $639.00 FAMILY REXALL DRUG COVERS $242.40 FARM & HOME DIST. CO DRILL BITS $180.47 FESTIVAL FOODS CLEANERS $103.04 FITZLOFF HARDWARE SUPPLIES $83.39 •FORBES AUTO FORTIS BENEFITS ANTIFREEZE, HOSE,CLAMP $57.51 FEE LTD $1,271.22 FUN SERVICES LUNAR EMPIRE INC MOONWALK RENTAL $197.03 G & K SERVICES UNIFORMS $631.96 GLENCOE UNIFORMS STINGER LIGHT $79.88 GREAT PLAINS SUPPLY GUARDIAN PEST CTL HANSON, AMY HARRIS CONTRACTING HARRIS PUBLICATIONS • HENRYS FOODS INC HEYER, MARGARET HILLYARD FLOOR CARE / HUTCHINSON HOME BAKERY INC HUTCH CAFE HUTCH COMM HOSPITAL HUTCH CONVENTION & HUTCH COOP CENEX HUTCH FIRE & SAFETY PLYWOOD, PEGBOARD, JAN SERVICE SKATING REFUND NOV PREV MTCE SUBSCRIPTION COFFEE SR. TOUR REFUND QUICK THAW, GLOVES 1 DZ ROLLS MEALS LAUNDRY DEC LODGING TAX JAN FUEL ETC 5 TESTS, SAFETY PINS OPEN -HOLD COUNCIL REPORT Tue Feb 14 1995 11:21:16 $144.38 $21.57 $10.00 $355.00 $9.97 $23.29 $25.00 $1,085.22 $4.00 $20.70 $317.50 $1,562.25 $3,679.43 $291.89 Page 3 HUTCH PLBG & HTG CO INSTALL FAUCETS, ETC $1,121.08 HUTCHINSON LEADER CHRISTMAS TREE CREDIT $799.02 HUTCHINSON TEL CO PHONE $4,610.59 HUTCHINSON UTILITIES GAS & ELEC $7,432.75 HUTCHINSON WHOLESALE SUPPLIES $59.18 ICE SKATING INSTITUTE OF AMERI ENDORSEMENT FEE $15.00 •INK SPOTS BUSINESS CARDS, ENVELO $80.30 INSELMANN, LIDA SR. TOUR REFUND $25.00 JAMES J. REED CO. NOTARY STAMP $81.79 JERABEK MACHINE SERV PIPE $46.06 JOHNSON, DOUG L. ADVANCE FOR SCHOOL $171.00 JORGENSON, ALICE SR. TOUR REFUND $25.00 K MART FILM & BATTERIES $68.91 KARG, LARRY TRAVEL EXPENSE $9.32 KERR TRANSPORTATION SERVICES RANDOM TESTING $68.00 KLOSS, TOM BIT TECH COURSE EXPENS $131.02 L & P SUPPLY CO BREAKER -IGN, PLUG $438.48 LAMP, MARY SR. TOUR REFUND $25.00 LANGAN, MELISSA 5 HOURS YOUTH DANCE $35.00 LASER SALES CHAIN BREAKER $49.90 LEAGUE OF MN CITIES 1ST QTR W.COMP $39,252.87 LENNES, RICHARD JAN SERVICE $2,163.00 LOCAL GOVERNMENT INSTITUTE JOB DESCRIPTIONS, POLI $131.00 LORENTZEN, DELORES SR. TOUR REFUND $25.00 MARCO BUS.PRODUCTS COPY PAPER $2,601.67 MARKA, JAMES CONFERENCE LUNCH $16.00 MCGARVEY COFFEE INC COFFEE $85.35 COOP POWER ELECTRICITY $1,303.51 WMCLEOD RAITH, JOHN CLSA CONFERENCE $385.00 MIDWEST CABLEVISION FEB SERVICE $4.08 MIKE'S MOBIL BAIT & TACKLE CLEANING EQUIP $28.66 MILECO INC. REFUND OF INTOXICATING $750.00 MINNESOTA GFOA MN CHIEFS POLICE ASN ` MN DEPT OF HEALTH MN DEPT OF REVENUE MN ELEVATOR INC. MN MUTUAL LIFE MN PUBLIC TRANSIT ASSC MN RURAL SUMMIT MN U C FUND MOGARD, STEVE MOON, DOLF MR. MOVIES MSPS MSSA MUSIC STORE, THE NATL POLICE SUPPLY NO STATES SUPPLY INC NORTHWEST CHAP F.B.I.N.A.A OBERG, KALLIE OLSONS LOCKSMITH ORDWAY MUSIC THEATRE PERA- D.C.P. RENEWAL- K.MERRILL $15.00 PERMIT TO ACQUIRE $45.60 CAMPING LICENSE $371.50 USE TAX $241.47 ELEVATOR SERVICE $62.95 FEB LIFE $466.41 MEMBERSHIP- H.SITZ $75.00 REG- G.PLOTZ $30.00 4TH QTR $1,026.00 INK PAK, TOWELETTES $33.28 MEETING EXPENSES $15.85 MAVERICK, PARIS $3.18 REG- L.HUHN $175.00 1995 DUES- L.KARG $25.00 27" FISHER TV $873.03 VALTOX MASTER KIT $130.00 SIDE HANDLES $14.07 1995 DUES $20.00 ICE SHOW EXPENSES $154.15 12 KEYS $19.17 PYMT FOR 5 -6 -95 $1,672.70 BACK CONTRIBUTION -J.ML $362.96 OPEN -HOLD COUNCIL REPORT Tue Feb 14 1995 11:21:16 Page 4 •------------------------------------------------------ ----------------------- PETERSEN, DELROSE SR. TOUR REFUND $25.00 PETERSON BUS SERVICE COACH /ST. PETER $310.00 PETERSON, JEAN SR. TOUR REFUND $25.00 PIONEERLAND LIBRARY SYSTEM 1ST QTR PAYMENT $17,876.50 PITNEY BOWES INC 2 MAIL BAGS $32.63 PLOTZ, GARY D. LOGIS MEETING $55.63 PLOWMANS SERVICE TOW $26.63 POSTAGE BY PHONE JAN POSTAGE $1,050.44 PROCHNOW, LAURIE COSTUME REFUND $24.00 QUADE ELECTRIC FROSTED BULBS $93.97 QUANTUM LABS QUANTUM BLUE LABEL $72.76 QUILL CORP PERF PADS $923.11 R &R SPECIALTIES INC SPREADER CLOTH, FILTER $102.56 RASSMUSSEN, MAVIS SR. TOUR REFUND $25.00 REINER, MAUREEN SR. TOUR REFUND $25.00 RICKERT EXCAVATING INC DEMOLISH HOUSE $4,860.00 RODEBERG, JOHN CONF EXPENSES $231.30 RURAL INITIATIVES COALITION MEMBERSHIP- G.PLOTZ $25.00 SELECT CARE WC JAN MANAGED CARE $235.50 •SEVEN WEST WASH & DRY SHARE CORP WASHING $25.56 SHARE DIAMOND FINISH $20.13 SHOPKO BRAVO BOSS VACUUM $142.28 SMITH, LES & LUCILLE SR. TOUR REFUND $50.00 STARKE, RANDY 5 HOURS YOUTH DANCE $35.00 STREICHERS SUBWAY TEMPLETON INC TEPLY, TODD TERMINAL SUPPLY CO • TRI CO WATER COND UNITED BLDG CENTERS UNITED LABORATORIES URBAN, JUANITA US POSTAL SERVICE US WEST COMMUN VIKING COCA COLA VILLAGE SHOP, THE WAL -MART WEST OAK TREE MOVERS WESTERN AUTO WESTLUND, KAREN WILLMAR, CITY OF XEROX CORP ZAJICEK, LORRAINE HOUSING REDEV ANNETT &, GENEVIEVE ANNETTE &, GENEVIEVE • THOMPSON &, LORNA HUTCH TRANS FAC. OPEN -HOLD COUNCIL REPORT NIGHT BIOCULAR VIEWER $2,529.38 4FT PARTY SUB $42.60 JAN EMPLOYER CONTRIB $226.33 DJ & LIGHT SHOW $200.00 DRILL BITS $89.78 5 BAGS SALT $24.50 LUMBER, PLYWOOD, PEGBO $247.30 NEOFLECTION AEROSOL $82.43 SR. TOUR REFUND $25.00 HCDC NEWSLETTER $190.56 FEB SERVICE $207.21 POP $98.00 BOOK $39.92 SANDER, WRENCH SET $164.47 MOVE 4 TREES $270.00 ROUTER, SOCKETS $71.33 COSTUME REFUND $24.00 RENTAL HOUSING ORDINAN $25.00 5355 DEC USAGE $33.84 SR. TOUR REFUND $25.00 $156,410.90 WATER HEATER,AIR RETUR WATER SOFTENER SMOKE DETECTORS Tue Feb 14 1995 11:21:16 $5,483.70 $779.00 $209.99 $6,472.69 Page 5 BONESTROO ROSENE ANDERLIK & AS SCHEMATIC DESIGN WORK $60,316.46 $60,316.46 LIQUOR STORE AM.LINEN SUPPLY CO REGULAR DELIVERY $141.92 BERNICKS PEPSI COLA POP $212.00 CDI OFFICE PRODUCTS LTD STAMPER $359.93 CITY OF HUTCHINSON FEB DENTAL $3,125.66 ED PHILLIPS & SONS CO. BEER PURCHASE $2,480.37 •ELECTRO WATCHMAN FESTIVAL FOODS ANNUAL POLICE CHARGE $255.60 SUPPLIES $39.05 FORTIS BENEFITS FEB LTD $30.19 GRIGGS COOPER & CO WINE PURCHASE $603.41 HAROLD SANDGREN ICE SERV CLEAN ICE MACHINE $132.80 HENRYS FOODS INC CIGARETTES $1,229.61 HERMEL WHOLESALE SUNDRIES $292.04 HILLYARD FLOOR CARE / HUTCHINSON CLEANING SUPPLIES $36.96 HUTCHINSON LEADER ADS $220.00 HUTCHINSON TEL CO PHONE $153.25 . HUTCHINSON UTILITIES GAS & ELEC $810.13 JOHNSON BROTHERS LIQUOR CO. WINE PURCHASE $153.46 KARP RADIO BROADCAST AGREEMENT $2,137.50 KUBASCH & SONS INC. GARBAGE SERVICES $171.63 LEAGUE OF MN CITIES 1ST QTR W.COMP $369.91 MARCO BUS.PRODUCTS COPY PAPER $31.15 MN MUTUAL LIFE FEE LIFE $15.75 MN SHERIFF SAFETY BOOKS $30.00 MN. JAYCEES ADVERTISING $52.50 POSTAGE BY PHONE JAN POSTAGE $14.40 QUALITY WINE & SPIRITS CO. BEER PURCHASE $355.71 SPRENGLER TRUCKING FREIGHT $768.23 STANDARD PRINTING PRINTING -KEG RECEIPTS $234.46 TRI CO WATER COND 2 BOTTLE WATER $10.54 TRIPLE G DISTRIBUTING INC POP $21.00 VIKING COCA COLA POP $257.35 XEROX CORP COPY MACHINE USEAGE $167.50 $14,914.01 RURAL F. D. • HUTCH COOP CENEX JAN FUEL $39.25 $39.25 WATER /SEWER FUND AAGARD WEST JAN INCREASE $26,123.84 BRINKMAN STUDIO 2 BATTERIES $118.32 BRO -TEX INC. DISPENSER $222.22 BUSINESSWARE SOLUTIONS MS EXCEL UPGRADE $559.68 CASH WISE COFFEE $21.54 CITY OF HUTCHINSON FEB MEDICAL $4,266.71 COAST TO COAST SUPPLIES $325.85 OPEN -HOLD COUNCIL REPORT Tue Feb 14 1995 11:21:16 Page 6 ----------------------------------------------------------------------------- CURTIN SCIENTIFIC CO THERMOMETER $101.37 DEVRIES, RANDY MPCA SCHOOL $234.33 ELECTRIC MOTOR CO INSTALL BEARINGS $64.02 •ELECTRO WATCHMAN SPLICE WIRES $96.00 FAMILY REXALL DRUG FILM $14.58 FARM & HOME DIST. CO LETTERING, ETC $18.04 FEED RITE CONTROLS INHIBITOR PHOSPHATE $9,169.46 FIRST TRUST PRINCIPAL $86,120.00 E • FiTZLOFF HARDWARE BATTERIES $8.33 FORTIS BENEFITS FEB LTD $180.09 G & K SERVICES UNIFORMS $291.85 GOPHER STATE INC jan service $10.50 HACH COMPANY REAGENT SET $31.56 HANSON, SCOTT WINTER BOOTS $30.00 HARRIS CONTRACTING REBUILD PUMP $1,429.29 HENRY & ASSOCIATES 150 METER CONNECTIONS $388.42 HUTCH COOP CENEX JAN FUEL $223.43 HUTCHINSON LEADER WATER CHLOR BIDS $53.37 HUTCHINSON TEL CO PHONE $665.78 HUTCHINSON UTILITIES GAS & ELEC $18,124.34 HUTCHINSON WHOLESALE SUPPLIES $1,098.33 INFRATECH PARKA $209.80 KERR TRANSPORTATION SERVICES POST ACCIDENT $34.00 L & P SUPPLY CO REPAIR $894.73 LAMPLIGHTER II MEAL 1 -17 $21.07 LANZ, JERRY MPCA SEMINAR $80.89 LEAGUE OF MN CITIES 1ST QTR W.COMP $2,105.85 MARCO BUS.PRODUCTS 5 WALL CALENDARS $85.70 MASTERING COMPUTERS INC 2 REGISTRATIONS -NAGY, $248.00 MCNELLY GROUP FEB LEASE PAYMENT $6,300.00 MID CON SYSTEMS INC TRACE IT $103.26 MN DEPT OF REVENUE USE TAX $3,305.53 MN MUTUAL LIFE FEB LIFE $66.78 MVTL LABORATORIES TESTING $306.00 NALCO CHEMICAL CO. NALCO FLOCCULANT $3,847.31 OLSEN, DIANE LOGIS MEETING $37.80 POSTAGE BY PHONE JAN POSTAGE $720.12 QUADE ELECTRIC 7 BULBS $48.46 SANIFILL INC LOADS JAN 16 -20 $3,473.02 SIOUX STEAM CLEANER CORP PLUNGER STACK $99.04 SORENSEN FARM SUPPLY SUPPLIES $31.46 SOUTHERN MN CONSTRUCTION CO LEASE TUB GRINDER $2,000.00 STANDARD PRINTING PLOTTER PEN,PAPER $34.85 STATE TREASURER EXAM FEE- D.SMOGER $15.00 TRI CO WATER COND 4 BAGS SALT $19.60 UNITED LABORATORIES POLYMER SOLVENT $207.58 WALDOR PUMP & EQUIP SERVICE CALL $1,397.82 WATERPRO FLG ECR, KITS $3,020.86 WELCOME NEIGHBOR DEC MAILING LIST $120.00 $178,825.78 $678,571.03 IMMEDIATE PAY COUNCIL REPORT Tue Feb 14 1995 11:19:52 Page 1 ------------------------------------------------------------------------ GENERAL FUND COMPREHENSIVE MANAGED CARE ENROLLMENT FEE $100.00 DEPT NATURAL RESOURCES DNR REG FEES $1,559.00 DEPT OF LABOR & INDUSTRY 3 RENEWALS $35.00 MCLEOD COUNTY RECORDER NOTARY FILING FEE $50.00 MEEKER COUNTY TREASURER NOTARY FILING FEE $25.00 MN MOTORCYCLE SAFETY PROGRAM REG- T.GUTHERY $10.00 US POSTAL SERVICE HWY 7 ADVOCATE POSTAGE $100.45 $1,043.80 LENNEMAN BEVERAGE DIST. INC $1,879.45 HOUSING REDEV THOMPSON &, LORNA ROOF & GUTTER $2,338.50 $2,338.50 LIQUOR STORE CITY OF HUTCHINSON JAN EXP $102,398.77 ED PHILLIPS & SONS CO. MISC $3,360.34 FRIENDLY BEVERAGE CO BEER PURCHASE $2,899.80 GRIGGS COOPER & CO CREDIT $7,680.22 • JOHNSON BROTHERS LIQUOR CO. LIQUOR PURCHASE $5,419.69 JORDON BEVERAGE INC. DEPOSITS $1,043.80 LENNEMAN BEVERAGE DIST. INC BEER PURCHASE $1,275.40 LOCHER BROS INC BEER PURCHASE $3,419.90 QUALITY WINE & SPIRITS CO. CREDIT $2,484.23 TRIPLE G DISTRIBUTING INC BEER PURCHASE $12,621.15 $142,603.30 PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. EMPLOYEE CONTRIB 1 -28 $655.00 GREAT WEST LIFE INS. CO. EMPLOYEE CONTRIB 1 -28 $100.00 H.R.L.A.P.R. EMPLOYEE CONTRIB 1 -28 $144.20 ICMA RETIREMENT TRUST EMPLOYEE CONTRIB 1 -28 $1,662.45 PERA LIFE INS CO. EMPLOYEE CONTRIB 1 -28 $124.50 PERA- D.C.P. EMPLOYER CONTRIB 1 -28 $52.02 PRUDENTIAL EMPLOYEE CONTRIB 1 -28 $140.00 PRUDENTIAL MUTUAL FUNDS EMPLOYEE CONTRIB 1 -28 $318.46 PUBLIC EMPLOYEES EMPLOYER CONTRIB $13,205.62 TEMPLETON INC EMPLOYEE CONTRIB 1 -28 $448.46 WADELL & REED EMPLOYEE CONTRIB 1 -28 $150.00 WITHHOLDING TAX ACCT EMPLOYER CONTRIB 1 -28 $28,587.96 $45,588.67 $192,409.92 FEB 14 1995 FOR YOUR INFORMATION 332 Boulder Circle Hutchinson MN 55350 February 09, 1995 City Counel 111 Hassan Street S E Hutchinson MN 55350 Gear S irs: I'm ;rrt itinrr thaas3 tinac to uni i to cart itr ;ry �ilrl ha K yv,nrV i�� t,� nrnan teenagers dance club in. this town: That would be really fun; because in Hutch.. young people don't have any place to have fury and meetpeop!e, and they have to go to other tows . Hutchinson needs places for young people. Would be great! I'm an exchancae student rrom Mexico. "m stuc na at Hutchinson Hioh School this ~fear. Tank you Karla Trevino. U • • 0 DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON* STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE** RICHARD G. McGEE CATHRYN D. REITER GINA M. BRANDT BRETT D. ARNOLD ALSO Ao NIT TEC �� vxos oNO rvcw +o arc ARNOLD. ANDERSON & DOVE PROFESSIONA_ LIMITED IABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 16121587 -7575 FAX 16121587 -4096 Ms. Marilyn Swanson Administrative Secretary Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON February 7, 1995 Re: Conflict of Interest Issues Our File No. 3188 -87001 Dear Marilyn: OF CCJNSEL RAYMOND C. - ALLIER JANE VAN \ALKENBURG 5681 CEDAR LAKE ROAD MINNEAPOLIS. ^— NNESOTA 55416 16121 °45-9OOC FAX (6 c BAS 1793 5CI SOUTH FOURTH STREET PRINCETON, M. NNESOTA 5537 (61 21 389-2214 FAX 161 3895506 FOR YOUR INFORMATION I have your recent memorandum dated February 6, 1995 wherein you raise the question whether or not present Ordinance No. 89 -15 codified at Section 2.13 should be amended to reflect the changes at the State level relative to the acceptance of gifts. I would prefer to make no changes at the present time. The legislation passed by the State of Minnesota last year is presently subject to debate and possible revision. I think it is extremely likely the legislation will look different than its present form by the time this session concludes. It would be appropriate to revisit this question in June or July. Should you need additional information or have questions in connection with the foregoing, please advise. Thank you. Very truly yours, ARNOLD, ANDERSON & G. Barry Anderson GBA:lm CC Gary Plotz DOVE, P.L.L.P. *CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION *CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIAT ON CAV 0 B. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON' STEVEN S. HOGE LAURA K.FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE "` RICHARD G. M-GEE CATHRYN D. REHER GINA M. SRANOT BRETT D. ARNOLD ALSO ADMITTED IN TEXAS ANC NEW YORK ARNOLD. ANDERSON & DOVE = ROFESS,ONAL LIMITED -ABILITY PARTNERSHIP A770RNIYS AT LAIN 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 Ms. Marilyn Swanson Administrative Secretary Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 (61 2) 597 -7575 FAX 1612567 -4096 RESIOEN- ATTORNEY G.BARRYANDERSON February 7, 1995 Re: Jim Johnson Eminent Domain Issues Our File NO. 3244 -93065 Dear Marilyn: 0 OF COUNSEL RAYMOND C. '-ALDER JANE VAN VALKENBURG 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 16121545 -9000 FAX 1612 545 -1793 SCI SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 16,21 399 -22,4 FAX '61 21 369 -5506 FEE 9 1995 FOR YOUR INFORMATION In your correspondence of February 6, 1995, you raised a question regarding the status of this matter. Although we did open a file and were prepared to begin an eminent domain action, subsequently, both Jim Marka and John Rodeberg advised me that this matter was going to be handled in some other matter and accordingly, no action was actually commenced. As far as I am concerned, this matter is considered closed. Thank you for your time and attention to these matters. Best regards. Very truly yours, ARNOLD, ANDERSON & DOVE, P.L.L.P. G. Barry Anderson GBA:lm CERTIFIED AS A CIVI_ -RIAL SPECIALIST R THE MINNESOTA STATE BAR ASSOCIATION - CERTIFIED AS A REAL PROPERTY _AW SPECK_ ST BY THE MINNESOTA STATE BAR ASSOC'ATION 0 0 F • L� • DAVID S. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON* STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE`* RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD ALSO Ao N.a�o Iry TeRAS >no New roRK ARNOLD. ANDERSON & DOVE PROFESSIONAL L M TEG L JBILI-Y PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612)587 -7575 FAX (612) 587 -4096 Ms. Marilyn Swanson Administrative Secretary Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON February 8, 1995 Re: Carrigan Retainer Wall Issue Our File No. 3188 -92213 Dear Marilyn: FEB 9 1995 OF COUNSEL RAYMONC C. _ALLIER JANE VAN VALKENBURG 5861 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55416 16121 545 -9000 FAX 16121 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MI. NNESOTA 5537. 16121 389 -2214 FAX 1612 329 -55C6 FOR YOUR INFORMATION In your memorandum of February 6, 1995, you raised the question of the retaining wall problem that the City had with resident Thomas Carrigan. I am unclear as to the status of this matter and I will refer your request for information to the City Engineer. I have not been advised of any recent problems that would require the action of this office. Please contact me if you need something further. Best regards. Very truly yours, ARNOLD, ANDERSON &.DOVE, P.L.L.P. . Barry Anderson GBA:lm CC John Rodeberg 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIAL.5T BY THE MINNESOTA STATE BAR ASSOCIATION DAVID e. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON* STEVEN S. HOGE '_AURA K. FRETI.AND DAVID A. BRUEGGEMANN PAUL D. DOVE` RICHARD G. M_GEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD A,SC ADMITTED IN TE XAS ANL N_W _1r FEB 9 10 It ARNOLD. ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 -2563 (612) 587 -7575 FAX (6121587-4096 RESIDENT ATTORNEY G. BARRY ANDERSON February 8, 1995 OF COJNSEL RAYMOND C. ?LL:ER JANE VAN VAL ✓I'NSURG 5881 CEDAR '_ASE ROAD MINNEAPOLIS, MINNESOTA 55416 16121 545 9%CC FAX (6121 54.E 793 501 SOUTH FOUR'H STREET PRINCETON, M�NNESO-A 55371 16121 389 -2 2'. 4 FAX 16121369 55C6 • Ms. Marilyn Swanson FOR YOUR INFORMATION Administrative Secretary Hutchinson City Center ill Hassan Street S.E. Hutchinson, Mn. 55350 Re: Joint Powers Agreement Our File NO. 3188 -87001 Dear Marilyn: In your memorandum of February 6, 1995, you raised a question of the Joint Powers Agreement with Hennepin County regarding the purchase of the Motorola equipment. In view of the disposition of this matter at the City Council meeting and in view of the absence of any complaints from any other vendors, it is my conclusion that nothing further needs to be done and I would not recommend entering into a joint powers agreement at the present time unless someone is of the opinion that future purchases are a likely problem. I will take no further action until directed by either your office, the Chief of Police or the Council. Thank you. Best regards. Very truly yours, ARNOLD, ANDERSON & DOVE, P.L.L.P. LL i. v G. Barry Anderson GBA:lm CC Steve Madson 0 CERTIFIED AS A CIVIL TRIAL SPECIA_IST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY -AW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION • • 0 DAVID B. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON* STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE'S RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD 'ALSO A7MITTEO IN "EXTS ANO NEW YORK ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITEO LIA91LITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, 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 February 6, 1995 RE: Cable Franchise Renewal Our File No. 3244 -93054 Dear Gary: OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 16:21 5459000 FAX '612) 545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 16121 389 -2 2 1 a FAX 16121389 -5506 FEB 9 1995 FOR YOUR INFORMATION Marilyn Swanson brought to my attention that a number of invoices have been sent by the local cable franchise holder to residents of the City of Hutchinson identifying the City as a potential place to lodge complaints regarding rate increases. Since the City is without authority to affect these rate increases, Marilyn was puzzled as to why we should be so identified. Since this seemed to be a reasonable inquiry, I checked with Tom Creighton and I was advised that the language that appears on invoices sent throughout the City of Hutchinson is, unfortunately, required by federal law. A copy of the invoice that was sent to the police department is enclosed with this correspondence. There is nothing further that can or should be done about this matter. Please do not hesitate to contact me with questions. Very truly yours, AP4NOLD, AND SON & DOVE, P.L.L.P. Barry Anderson GBA:lm *CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ��CERTIF'E� AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION MIDWEST CABLEVISION 218 S. MAIN HUTCHINSON, MN 55350 -2571 8251 2300 3 DATE JANUARY 19, 1995 ACCT.x 8251 23 005 0009002 USE ENCLOSE: ENVELCPE AND MAKE PAYMENT TO MIDWEST CABLEVISION 218 S. MAIN HUTCHINSON, MN 55350 -2571 825123005000900200004085 FOR CUSTOMER SERVICE,REPAIR OR BILLING INQUIRIES CALL 587 -4339 TOLL —FREE 1 -800- 678 -2717 I 7 19 � S4.08 02/08/95 PLEASE DETACH AND ENCL05E'W PORTION WITH PAYME'._ 11 11l11)1�11111)1�1 111111pill 1111�1�'lll�ll�lll����llll�l�l� .. . HUTCHINSON POLICE DEPT 10 FRANKLIN ST S HUTCHINSON MN 55350 -2464 8251 23 005 0009002 1 FEBRUARY 01, 1995 LAST PAGE 2 FOR 10 FRANKLIN ST S SERVICE HUTCHINSON MN 55350 -2464 AT= FEBRUARY 28, 1995 THE RATE FOR THE CABLEVISION LEVEL OF SERVICE WILL CHANGE TO $13.64 ON YOUR FEB. BILL, PLUS TAXES AND FEES. THE RATE, WHICH IS BEING SET UNDER FCC GUIDELINES, INCLUDES INFLATION AND HIGHER PROGRAMMING COSTS INCURRED IN 1994, AS WELL AS THE COST OF ADDING AMERICA'S TALKING AND MIDWEST SPORTS CHANNEL IN 1994. ON FEB. 1, 1995, THE FOLLOWING CHANNEL WILL BE ADDED: FX ON CHANNEL 39. COMPLAINTS MAY BE FILED WITHIN 45 DAYS OF THE DATE THIS BILL IS RECEIVED, WITH THE FCC CABLE TV BUREAU, 2025 M STREET, NW, WASHINGTON, DC 20554, 202 - 416 -0856, OR WITH THE CITY OF HUTCHINSON, COMMUNITY ID# EFFECTIVE ON YOUR NEXT BILL, A FEDERALLY IMPOSED $.03 FEE WILL BE ADDED. 02/08/95 I PAYMENTS RECEIVED AFTER JANUARY 19 ARE NOT INCLUDED IN THIS STATEMENT 4.08 4.08 I" 3.651 ( 0.00 ITI 0.00 ITI 0.43 AN AMOUNT FOLLOWED BY A (CR) IS A CREDIT OR A CREDIT BALANCE xxxx *xxxxxx��cx� *�� *x��E�x��[THANK OU�x�xxxx�E����Exxxxxxxx *x *xxx�E IF YOUR PAYMENT IS NOT RECEIVED BY THE DUE DATE ABOVE, A IOX LATE CHARGE WILL BE ADDED TO YOUR ACCOUNT. r L 1 $4.08 0 0 11 c February 6, 1995 ityo NWV FOR YOUR INFORMATI MEMORANDUM TO: G. Barry Anderson, City Attorney FROM: Marilyn J. Swanson, Admin. Secretary SUBJECT: MISCELLANEOUS ITEMS RELATING TO CITY AND CITY COUNCIL The following are miscellaneous items which will require your assistance. 1. NEW BUSINESS a) Ordinance No. 95- 132-- Lod2ine Tax Ken Merrill informed me that the 3% lodging tax would be effective march 1, 1995. Therefore, I need two corrections made on the copy of Ordinance No. 95 -132 (see attached copy). The second reading will be held at the February 14, 1995, Council meeting. b) Ordinance No. 94- 128 - -Error in Legal Description The County Recorder's office returned Ordinance No. 94 -128 with a note that the legal description needed a location for the property (S 1/2 or N 1/2). Would you please revise the legal description and return the ordinance to me for recording. (Prince of Peace Project) C) Conflict of Interest - -Gifts • Because of recent "ethics" legislation by the Minnesota Legislature, several persons have recommended that the "Ethics Ordinance" No. 89 -15 be City Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Fax(612)234 -4240 Far(612)234 -4240 Fax(612)587 -6427 amended to delete or amend the reference under Section 2.13, Subd. 7 -C regarding gifts. I don't believe the entire ordinance should be rescinded. Perhaps you will want to discuss this with Gary and /or Hazel. Attached is a draft copy of the City Policy on this issue. 2. OLD BUSINESS a) Jim Johnson Eminent Domain - -Texas Avenue (1993) The last item of correspondence in my file is a letter dated June 21, 1993, where you intend to proceed with eminent domain action to acquire right -of- way. Could you please inform me of the status on this matter. If it has been resolved, would your office provide the necessary material to close the file. b) Thomas Carrigan-- Retaining Wall (1991) This file goes back a few years, but I don't recall the issue was ever resolved. The August 24, 1993, City Council minutes reflect that a designated committee was to meet with Carrigan and his attorney for a solution. I assume the wall is still standing! Any new report on the issue? c) Quit Claim Deed for B & G Cartage & Warehouse (1994) I have lost track of the location of the recorded copy of the quit • claim deed. It was sent over to your office on May 19, 1994, to be recorded. I still have the file on my desk, but there is no quit claim deed in it. Please advise me on the status of this item. d) Augusta Building Corp -- Recorded Copy of Development Agreement and Assessment Agreement Recently I sent over the signed agreements which were to be recorded by your office. I would like the original copy after it has been returned to your office by the County Recorder. e) Joint Powers Agreement with Hennepin County -- Motorola Equipment On December 27, 1994, the City Council approved the purchase of Motorola equipment for the Police Department through a joint powers agreement with Hennepin County. In talking to Steve Madson, he was not aware that the agreement had ever been prepared. Please advise if it is still required. f) Easement of Right -of -Way- -Jim Hanson Quite some time ago Jim Hanson reported there was an error in the legal . description of a recorded easement of right -of -way dated May 8, 1984. As I recall, the legal description should have read: "Lot 14 in Lot "G" Subdivision. 1 referred this item to your office but never followed up on it. Could you tell me if it has been resolved. (See attached copy) g) Well Problem at Wildlife Sanctuary (1993) At the November 9, 1993, City Council meeting the Council directed the City Attorney to draft an agreement for maintenance with the Gopher Campfire regarding the well problem at the wildlife sanctuary. The question was raised as to who maintains the well. The last time I asked you about this issue, you said you were waiting for Gary to provide you with some information. Could you and Gary please get together to resolve the matter so I can forget about it! h) Easement and Ouit Claim Deed with Coborn' (1994) I have in my folder the attached unsigned copy of an easement agreement and quit claim deed with Coborn's. Have these been executed and recorded? If so, may I have the originals for our files. (See attached copies) i) Christmas Tree Sales Permit - -Cindy Beadell (1994) . Although the Christmas season is past, I know this issue will come up again in 1995. Have you been able to determine from State Statutes if Cindy Beadell is required to pay the fee for a Christmas tree sales permit in addition to a conditional use permit, and if other businesses can sell Christmas trees without a license (i.e., Festival Foods, Tom Thumb, SuperAmerica, etc.)? There is no rush on an immediate answer to this question! Thanks for your attention to all of these inquiries and requests. Encs. cc: Gary D. Plotz Marlin Torgerson TO: Mayor and Council FROM: Brad Emans, Fire Chief HUTCHINSON FIRE DEPARTMENT 205 Third Avenue South East HUTCHINSON, MINNESOTA 55350 MONTHLY CITY COUNCIL UPDATE January, 1-395 The f:re department responded by 117 calls in January. S-e,en were in the city and ten were in the rural area. • Drills f.r the month - Annual meeting for the retired firefighters - CPR refresher - Regional Fare Department meeting - Teamwork. drill We will `_e having our annual Township Beard .:,eeting February 16, 1995, 8:00 p.m. at the fire station. STATE PATROL DIVISION District 2200 Headquarters 501 South Victory Drive P.O. Box 4187 Mankato. MN 56002-4187 *�a STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY Chief Brad Emans December 4, 1994 3rd & Jefferson Hutchinson Fire Dept. Hutchinson, Mn. 55350 Dear Chief: The events of the evening of December 3, 1994 required a response from your Department for two separate fatal accidents in less than two hours. Once again, as an agency, the Troopers of the Minnesota State Patrol were impressed and extremely appreciative of the outstanding service provided by your Department. Your ready response and efficient manner of dealing with the extrication and, removal of the injured victims, as well as your departments willingness to assist with traffic direction, lighting of the scene, and all the other little details needed at a major crash are sometimes taken for granted but are never forgotten. On behalf of Cpl. Stack and other members of the State Patrol, please extend a heartfelt THANK YOU to all members of your Department for their outstanding dedication and professionalism. The community of Hutchinson is fortunate to have a Fire Department of your caliber. Respectfully Lieutenant Stan Gruis Minnesota State Patrol Box 4187 Mankato, Mn. 56001 -4187 cc:Capt. Aslason Lt. Hanson Cpl. Stack AN EQUAL OPPORTUNITY EMPLOYER u • 0 5� 0 11610 Highway 212 Cologne, HN 55322 January 31, 1995 Hutchinson Fire and Rescue Department 205 3rd Avenue E Hutchinson, MN 55350 Hello: On October 27, 1994 personnel from the Glencoe and Hutchinson Fire Departments responded to an accident on Highway 22 near Biscay. Our son, Bruce Tellers, was killed in that accident. The newspaper photographs that I saw indicated to me that this accident was not a pretty sight for any of you to see. All too ofen we fail to acknowledge that the service you perform for all of us can be difficult not only physically but emotionally. Please accept our gratitude for all that was done that day to resore the scene to normalcy and protect the public from any further tragedy. The loss we suffered from that accident has made it difficult to • contact you any sooner. Please know that you have been in our thoughts since that day and are deeply appreciative of all that you did to assist. A very small token of our appreciation is enclosed. Sincerely: Ken and Marcia Tellers 0 PIONEERLAND LIBRARY SYSTEM Hq.: 410 SW FMh Street Willmar, MN 56201 -3298 M. Houlahan, Director Phone No. 612/235 -3162 Fax. No. 6121235 -3169 Pioneerland Library Svstem Board Meetina January 19, 1995 Meetina was called to order by president Alson. Houlahan discussed cost of conference call held on December 15, 1994. He circulated catalpa of items available for purchase through state contract. New board members were introduced and agenda was approved. Tebben /Rudningen moved approval of minutes of September 15, 1994, November 17, 1994, and December 15, 1994 meetings. Finance Committee reported was given by Rudningen. Rudningen /Bohm moved approval of August, September, October, and November 1994 financial reports. Rudningen /Sanders moved to table approval of revised 1995 budget until February 16, 1995 meetina. Rudningen /Griffin moved to sell the library delivery van by advertising a set price and not soliciting bids. Selling price will be approved by finance chair after appraisals. Personnel Committee report was aiven by Schoener. Personnel Committee recommends approval of job description for automation . consultant /administrative assistant position. Automation Committee report aiven by Alsop. Alsop /Hauer moved approval of automation timetable. Alsop /Schoener moved approval of automation consultant /administrative assistant position. Election of officers was held. Nancv Alsop nominated for president (Schoener /Griffin). Richard Baysinger nominated for vice president (Bohm /Christiansen), Dorothy Tebben nominated for secretary (Rudningen /Hauer), Judi Bohm nominated for treasurer (Rudningen /McLain), Orville Rudningen nominated for finance chair (Bohm /Christiansen). Board members completed committee preference sheets. President Alsop will appoint committee members and SAMMIE aovernina board members after reviewing sheets. Houlahan presented director's report. Reaional public library system funding from state is part of education funding from leaislature. Legislature is considering eliminating cap on education funding. Federal fundina is tied to continuina level of state fundina. 1995 oraanizationai aoals were summarized. Several staff have indicated interest in attending 1995 American Library Association convention in Chicago. New system vehicle will be picked up on January 25, 1995. Matson uodated board on Eden Vallev • Project's 1994 activities. 1995 circulation statistics were summarized. Next board meetina is Thursday. February 16, 1995. 7:30 p.m.. Municipal Utilities Building. Willmar. Dorothy Tebben Secretary i !6.'9L " ", HUT(JUNSON UT1: S, COMM IS &ION STA'TT.MENT OF INL(7ME d fi:Xf E.W,FS DECEMBER 31., 1994 PREVIOUS CURRENT BUDGET ED 'IF-AR TO DATE YEAR TO DATE YEAR TO DATE: 1NCOME STATEMENT UPERATING REVENUE. SALES - EI_ECIRIC ENERGY 10,016,536.20 10,904,331.54 10,233,500.00 SALES FOR RFSALLf 700.00 11.,361.50 2,000.00 NET INCOME FROM OT14ER SOURCES 67,705.52 43,268.56 53,000.00 SECURITY LIGHTS 11.1990.00 ll,117.00 14,000.00 POLE RENTAL 3,329.00 3,311.50 4,000.00 SAL.FS - GAS 5,622,073.02 E ,,457,215.11 5,950,000.00 TOTAL OPERATING REVENUE 15,722,413.74 16,430,608.21 16,256,500.00 OPERATING EXPENSES _ PRODUCTION OPERATION 751,004.34 849,861.53 885,700.00 PRODUCTION MAINTENANCE 379,201.83 1.09,01.4.04 206,000.00 _ PURCHASED POWER 5,366,357.85 4,709,366.39 2,778,000.00 TRANSMISSION OPERATION 324.27 990.00 3,400.00 TRANSMISSION MAINTENANCE 64,063.48 102,452.28 126,500.00 ELECTRIC DISTRIBUTION OPERATION 195,655.51 190,258.59 196,300.00 ELECTRIC DISTRIBUTION MAINTENANCE 109,639.04 126,414.58 110,300.00 MFG GAS PRODUCTION OPERATION 1.,953.49 10,930.91 2,500.00 MFG GAS PRODUCTION MAINTENANCE 6,877.39 1,iS7.8i 2,000.00 PURCHASED GAS EXPENSE 4,675,095.22 5,790,267.30 7,332,500.00 GAS DISTRIBUTION OPERATION 196,501.11 203,611.83 186,320.00 - GAS DISTRIBUT -ION MAINTENANCE 42,567.08 41,239.81 431900.00 _ CUSTOMER EXPENSES 177,234.30 153,752.07 143,500.00 CUSTOMER SERVICES 30,943.29 31,538. 19 32,500.00 ADMINISTRATIVE 6 GENERAL EXPENSES 1,1.68,411.27 1.,366,485.30 1,332,045.00 DEPRECIATION 971,361.45 1,450,000.00 1,640,000.00 TOTAL OPERATING EXPENSES 14,137,430.92 15,137,341.23 15,021,465.00 OPERATING INCOME 1,584,902.02 1,293, :66.98 1,23;1,035.00 OTHER INCOME OTHER - NET 1213,622.00 69,826.75 77,000.00 INTEREST INCOME 333,086.24 179,133.02 240,000.00 MISC INCOME -__- -- -MISC 16,781.88 4,382.30 30,5100.00 INCOME - GAS 556,256.75 392,672,64 560,000.00 TOTAL OTHER INCOME 1,034,746.95 646,01.4.71 907,500.00 OTHER EXPENSES MISC EXPENSES 178,614.59 35,304.84 41,000.00 ';. INTEREST EXPENSE 422,078.81 _ 672,449.51 665,950.00 TOTAL OTHER EXPENSES 600,693.40 707,754.35 706,950.00 ` CONTRIBUTION TO CITY .00 660,000.00 650,000.00 TOTAL CONTRIBUTION TO CITY .00 660,000.00 650,000.00 NON - OPERATING INCOME_ 434,053.55 (721,739.64) (449,450.00) - NET INCOME 2,01.9,0:36.3 7 571,527.34 785,585.00 F "('GE: BUDGET DEVIATION 670,631.54 9,361.50 (9,731.44) (2,883.00) (688.`0) (492,781.89) 174,108.21 35,838.47 96,905.96 (1 931,366.39) 2,410.00 24,047.72 6,041.41 (16,114.58) (8,430.91) 842.19 1,542,232.70 (17,291.83) 2,660.19 (10,252.07) 961.21 (34,440.30) 190,000.00 (555,876.23) 58,231.98 (7,173.25) (60,866.98) (26,117.70) (16'7,327.36) (261,485.29) 5,695.16 (6,499.51) (804.35) (10,000.00) (10,000.00) (272,289.64) (214,057.66) 0 ANNUAL BUDGET 10,233,500.00 2,000.00 53,000.00 14,000.00 4,000.00 5,950,000.00 16,256,500.00 855,700.00 206,000.00 2,778,000.00 3,400.00 126,500.00 196,300.00 li0,300.00 2,500.00 2,000.00 7,332,500.00 186,320.00 43,.900.00 143,500.00 32,500.00 1,332,045.00 1,640,000.00 15,021,465.00 1,235,035.00 77,000.00 240,000.00 30,500.00 560,000.00 907,500.00 41,000.00 665,950.00 706,950.00 650,000.00 650,000.00 (449,450.00) 785,585,00 11:.6. 'L. ASSETS UTILITY F'L_ANT - AT COST LAND G LAND RIGHTS _ DEPRECIABLE UTILITY PLANT TOTAL UTILITY PLANT LESS ACCUMULATED DEPRECIATION TOTAL ACCUMULATED DEPRECIATION CONSTRUCIION IN PROGRESS TOTAL CONSTRUCTION IN PROGRESS TOTAL. UTILITY PLANT DEPREC VALUE RES'TRIC "TE"D FUNDS d ACCOUNTS INVESTMENT - GAS RESERVES MEDICAL INSURANCE BOND h INTEREST PAYMENT 1993 BOND RESERVE - 1993 CAT "ASTROP'HIC FAILURE FUND TOTAL RESTRICTED FUNDS 6 ACCOUNTS CURRENT L. ACCRUED ASSETS CASH IN BANK INVESTMENTS h SAVINGS ACCOUNTS ACCOUNTS RECEIVABLE INVENTORIES PREPAID INSURANCE_ FERC FILING DEPOSITS MISC -" ACCOUNTS RECEIVABLE TOTAL CURRENT d ACCRUED ASSETS DEFERRED CHARGE _._. BOND DISCOUNT 1993 TOTAL DEFERRED CHARGE TOTAL.. ASSETS "IL.IUN':ON U'T1L! TIES LOMM1Si i,!ON I ll.Ei'. BALANCE:: SHEET DECEMBER 31, 1994 L -• r r it TOTAL w w■ r i t 591,734.75 :8,751,599.82 I 29,643,334.57 - -- (16,825,670.13) -.. (16,625,670.13) 22,773,524.65 22,773,524.65 35,591,189.09_ r 1,054,905.55 100,000.00 89,925.00 - x,389,320.00 .. 750,000.00 3,384,153.55 1,644,537.03 _ 758, 395.78 1,991,980.68 078,945.47 51,214.61 30,000.00 8,966.06 5, 364, 039.63 - 200,722.79 200,722.79 .44.540, 105.06. H(1T(.I- IIN5'0N UIIL..I'iIE:i COMMI S570N BALANCE SHEET DECI *MBER 31, 1994 w * K TOTAL x x • �t _. MUNICIPAL EQUITY 6 LIABILITIES MUNICIPAL EQUITY MUNICIPAL EG)UITY 28,544,485.44 UNAPPROPRIATED RETAINED EARNINGS _ 571,527.34 TOTAL MUNICIPAL EQUITY 29,116,012.78 LONG TERM LIABIL.ITIES-NET OF CURRENT MATUkITIES - _ - 1993 . BONDS 13,725,000.00 TOTAL LONG TERM LIABIL.IT'IES 13,725,000.00 CONSTR CONTRACTS 6 ACCTS PAY RETAIN ACCRUED EXPENSES - RET?AINAGE _ 245,191.65 TOTAL CONSTRUCTION 8 ACCTS PAY 245,191.65 CURRENT d ACCRUED LIABILITIES ACCOUNTS PAYABLE 1,108,606.13 INTEREST ACCRUED 57,774.41 ACCRUED PAYROLL 39,859.73 ACCRUED VACATION PAYABLE. 12i,4iS.00 ACCRUED MEDICAL FUND 6,719.74 - ACCRUED REC PAYMENT _ 25,20 CUSTOMER DEPOSITS 84,565.00 OTHER CURRENT & ACCRUED LIABILITIE'S 34,932.42 TOTAL CURRENT 6 ACCRUED I_IAD 1,453,900.63 TOTAL MUNICIPAL. EQUITY 6 L.IAB 44,540,105.06 1