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cp05-12-1998 cM A Y SUNDAY MONDAY TUESDAY 1998 - -11- -12- HUTCHINSON 7:00 a.m. — Combined Leadership MOTHER'S DAY 1:00 p.m. — HATS Joint Powers Team & Community Needs CITY Board Meeting at HATS Task Force Meeting in City CALENDAR Facility Center Main Con£ Room s; WEEK OF M r° 5:30 p.m. — Light Traffic Advisory Board Meeting in City Center 9:00 am. — Management Team Meeting in Main Conf. Room May 10 to May 16 �� Main Conference Room 1 5:30 p.m. - City Council Meeting in City Council Chambers WEDNESDAY THURSDAY FRIDAY SATURDAY -13- -14- -15- -16- CONFERENCE /SEMINAR/ 7:30 a.m. — Joint Meeting of 7:00 a.m. — Economic Development TRAINING/VACATION McLeod Regional Rail Authority Meeting at Authority & Central Prairie City Center Main Con£ Railway Assn. At Best Room 5/11 -15 Steve Madson (S) Western Victorian Inn 5/15 -29 Cal Rice (V) May 1417 — Good Sam Jamboree at McLeod County C - Conference Fairgrounds M = Meeting S = Seminar T = Trawmg V = vwaum AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 12, 1998 1. CA TO ORDER - :30 P.M. 2. INVOCATION — Rev. Robert Brauer, Seventh Day Adventist Church 3. MINUTES MINUTES OF APRIL 14, 1998 AND BID OPENING OF MAY 8, 1998 Motion to approve as presented 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS -- NONE (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 11007 - RESOLUTION FOR PURCHASE • 2. RESOLUTION NO. 11008 - RESOLUTION ACCEPTING PLEDGED SECURITIES FROM MARQUETTE BANK GOLDEN VALLEY HUTCHINSON OFFICE 3. 1998 STREET AND SIDEWALK IMPROVEMENTS; LETTING NO. 3/ ❖ RESOLUTION NO. 11009 — RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL NO. 5021 ❖ RESOLUTION NO. 11010 — RESOLUTION ACCEPTING ASSESSMENT ROLL NO. 5021 AND CALLING FOR HEARING (c) "OFF SALE" NON - INTOXICATING MALT LIQUOR LICENSE FOR CITGO- QUIK MART (d) PARADE PERMIT FOR VFW /AMERICAN LEGION MEMORIAL DAY PARADE ON MAY 25, 1998 Action - Motion to approve consent agenda 5. PUBLIC HEARING —NONE [�K�7u'1► 1I1C1C C619 t4 X110 * &7410 l VII El l . 0 • CITY COUNCIL AGENDA — MAY 12, 1998 (a) VARIANCE TO CONSTRUCT LOADING BERTH AT CROW RIVER PRESS LOCATED AT 170 SHADY RIDGE ROAD NW WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (DEFERRED APRIL 28, 1998) Action — Motion to reject — Motion to approve and adopt Resolution No. 11004 U • U (a) CONSIDERATION OF PURCHASE AGREEMENT FOR WETHERALL PROPERTY Action — Motion to reject — Motion to approve (b) CONSIDERATION OF APPLICATION FOR MIGHTY KIDS GRANT Action — Motion to reject — Motion to approve and adopt Resolution No. 11011 (c) CONSIDERATION OF APPLICATION FOR MIGHTY DUCKS GRANT • Action — Motion to reject — Motion to approve and adopt Resolution No. 11012 (d) CONSIDERATION OF AMENDMENT TO ADAMS STREET SMALL CITIES REHABILITATION PROJECT PROCEDURAL GUIDE Action — Motion to reject — Motion to approve (e) CONSIDERATION OF PROPOSAL FOR CONSULTING SERVICES FOR FEASIBILITY REPORT ON SOUTH AREA TRUNK SANITARY AND STORM SEWER IMPROVEMENTS Action — Motion to reject — Motion to approve (� CONSIDERATION OF SETTING DATE FOR CONTINUED CITY COUNCIL WORKSHOP REGARDING CITY BUDGET Action - (g) CONSIDERATION OF CUSTOMER SERVICE STANDARDS WITH RESPECT TO TRLAX TELECOMMUNICATIONS COMPANY Action — Motion to reject — Motion to approve 9. MISCELLANEOUS (a) COMMUNICATIONS 0 CITY COUNCIL AGENDA - MAY 12, 1998 1 lu. (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds loss : 1 1 l; Out ►r n LJ 9 • MINUTES BID OPENING FRIDAY, MAY 8, 1998 Director of Engineering/Public Works John Rodeberg called the meeting to order at 11:00 am. Also present were Assistant to Engineer Cal Rice and Administrative Secretary Marilyn J. Swanson. The reading of Publication No. 5163, Advertisement for Bids, Letting No. 3, Project No. 97 -30, 98 -04 through 98 -10, was dispensed with. The following bid was opened and read. Wm. Mueller & Sons, Inc. Hamburg, MN 5587,571.80 The bid was referred to staff for review and a recommendation. The meeting adjourned at 11:05 a.m. .................::- .- ........ ......................- ::........ -. ...........::............... MINNESOTA SAFETY COUNCIL Hereby presents to ' City of Hutchinson this MERITORIOUS ACHIEVEMENT AWARD In recognition of meritorious injury prevention perkxnw )e - n — Governor swe d Mwdvwu :.............................. IN TMFFIC SAFETY / 1997 Making Minnewta A Safer Place to live rrw&Kmm I�IIII I IIIIIIII 111111 RESOLUTION NO. 11007 CITY OF HUTCHINSON • RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Agco Allis 8630 Tractor 20,000. DO Sludge Hauling and Compost Use WWTP Yes Schramm Implement The following items were authorized due to an emergency need: ITEM I COST I PURPOSE I DEPT. I BUDGET I VENDOR Date Approved: May 12. 1998 •Motion made by: Resolution submitted for Council action by: Seconded by: • RESOLUTION NO. 1100 ACCEPTING PLEDGED SECURITIES FROM MARQUETTE BANK GOLDEN VALLEY HUTCHINSON OFFICE WHEREAS, Marquette Bank Golden Valley Hutchinson Office a city depository, has requested the addition of the following security under the collateral agreement with the City of Hutchinson: GNMA I POOL 433964 4 -15 -28 36207JXX6 $2,475,000 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City Finance Director be authorized to accept the securities. Adopted by the City Council this 12h day of May 1998. • Marlin Torgerson Mayor hV404WIC Gary D. Plotz City Administrator rs • Hutc Citv Center Ill Hassan Street SE Hutchinson. MN 55350 -2522 320 - 587- 51511Fa 320- 234 -4240 M 17 � 1 �- ( 1 "�J N ' i TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Resolution Ordering Preparation of Assessment Roll Resolution Accepting Assessment Roll and Calling for Hearing Letting No. 3/Project No. 97 -30, 98 -04 through 98 -10 • DATE: May 6, 1998 The above final Resolutions will be prepared after the Bid Opening on Friday, May 8' and will not be available for the Council packet. Final copies should be available late Monday or early Tuesday if you would like to review them ahead of time. I will have a complete breakdown of the funding for the Council meeting. cc: Paz VanderVeen file: 98/L3 E Pnnted on recvccd pnper- INTER OFFICE MEMO Date: May 12, 1998 To: Mayor & City Council From: Marilyn J. Swanson, Administrative Secretary The following three ordinances were inadvertently omitted from the City Council agenda for a second reading and ado to ion ❖ ORDINANCE NO. 98 -222 — Vacation of Utility and Drainage Easements in Paden's Addition (Bernie McRaith) ❖ ORDINANCE NO. 98 -223 —Amendment to Zoning Ordinance No. 464, Section 8.18, Entitled Flood Plain ❖ ORDINANCE NO. 98 -224 — Amendment to Zoning Ordinance No. 464, Section 3, Entitled Definition of Garage �le,q • RETAIL "OFF SALE" $200.00 Mate of Annegota, c.v o f 11c Leo T the . .... . ......................... ............................ ii th �y ..... ............... o f . . ..�utchinson ............................... ....................................................................... ...................... aste of bIinnesota: _Rob eft Ha Lij igk hereby appl.-i-M-for a Uomoo for the term of ..... ..... ..... .. from as -fir, QL Of -------- to Sal In Original Packages Only, Non-Intoxicating Malt Liquors, as the some are deftned by law, for conaumptlan "OFF' those optain promises (A CITY __ __AU dwerlbod as folJow, to-wit: CITGO - QUIK MART 19 Fourth Ave. NW E at which plain mid appliza"..._operago-5--the business . .. .... and to that ead reprownt-A-and state.-L-as follexce: That said appuoant_._____Ls AdKu ...... vt the united states; of good moral charaoter and repute; and ha.-S.--attained the age of tj part; .5.— .__.__.._...._. .. -0 the ortabushmem for wh" the Manse WLU be lamed If lid, application to franted, That said apPU0a"_makS_.S..U4* applioadion pursuant and subject to alt the laws of the State of Minnowea and the ordixaw and rofuJ." of dwto, wh&k are hereby made a Pad hereof, and hereby airoo.-P-1a observe and obey the same: Reco=end approval. Driver's license I.D. required fo r purchase. 4f22 LSeevelKadson, Police Chief Z"h applicant further stag" that ho to FA* xow ON haktor of, nor has he made application for, nor does he intend to make applioation for a Fedora B44all Doaloeo Special tax stamp for the sale of intax-atinj Uquar. PAID APR 2 91998 CftYO1H&ft= Dated- . Z 19_ x . P. 0. / -0-1 APPLICATION FOR PARADE PERMIT FOR OFFICE USE ONLY Date Received: Approved: 0 1. Name of Organization 2. Address of Organization 7�1, _ s� ^ � �" Phone 9iS5 X 3. Authorized Officer's Name 4. Officer's Address - 1,2r, Qe-l. C _ Phone S5� 1 , `3q V 5. Parade Chairman VY1 �h 6. Parade Chairman's Address - 7- - L4 hy% l,- 1 34 Phone L;p 7. Date of Parade (VN" le, —' Assembly Time 9',Do 8. Location and Description of Assembly Area '.o �`�y4 1 "74 9. Starting Time of Parade a 7, Estimated Time of Termination /P', br) 10. Starting Point of Parade , Z,.,A ", , A�- Nt, c�c,G 11. Route of Parade Travel 2 —,� 4 o Vv\,N 4,+ , ✓v a` . CA -f4, 6- • 12 Termination Point of Parade S ✓Yla` k 13. Approximate Number of Units, Animals and Vehicles which will constitute Parade with Type and Description of Animals and Vehicles Z�,5 - } Oti -- W30 4 L-- 14. Maximum Interval of Space to be Maintained Between Units V �, t'," 1 _ 15. Maximum Length of Parade 16. Minimum and Maximum Speed of Parade + yyl MPH 17. Portion of Street Width Traversed ------------------------------------------------ Approved this day of 19_ upon compliance with the following terms and conditions E Chief of Police J Scenic Heights Investment • PO Box 1176 Minnetonka, MN 55345 May 1, 1998 Mr. John Rodeberg City of Hutchinson Hutchinson, MN 55350 RE: Island View heights 2" Addition Dear John: Due to a variety of factors which we have discussed, Island View Heights Second Addition is incomplete. The net result is an unmarketable project We are requesting the City to defer the 1998 assessments by adding them to the last year of • the assessment schedule. This would allow the time needed to complete the public improvements (City Contract) and allow us the opportunity to start our marketing. The deferment is requested on the following; Block 1 Lot 1 and Lots 4 thru 11 Block 2 Lots 1 thru 5 Block 3 Lots 1 thru 18 Bock 4 Lots 9 thru 34 We are available to appear before the City Council to discuss our request Thank you for your consideration. Sincerely, William H. Gilk Partner /_ -A I I 11 sheed Real Estate Taxes 1998 IVN 1st Add finn �Z q u `_` ) x a f 1 ,b J y b ILI h� Pik LOT BLOCK Full Tax Amt 1F irst Half Due May 3 5th I 12nd Haif Due Oct 15th 1 1 - 2 1 S 2 346.00 $ 1 173.00 $ 173.00 4 1 S 2456.00 $ 1228.00 $ 1229,00 9 1 $ 2 380.00 S 1 $ 1 , 190,00 10 1 $ 2 394.00 S 1 $ 1 11 1 $ 2 412.00 $ 1 $ - , , 706.00 13 1 $ 2 438.00 $ 1,219.00 S 1 219.00 15 1 S 2 438.00 $ :1 $ 1.219.00 16 1 $ 2.438.00 1 S 1 219.00 1 $ 1 219.00 17 1 $ 2.438.00 1 $ 1 1 $ 1,21900 2 3 $ 2.522.00 $ 1261.00 S 1 281.00 3 3 $ 2.626 1 S 1,313.00 IVH 2nd Addition 1 1 $ 552.00 $ 1 $ 1 2 10 $ 034.00 2 $ 4,V If Uv 3 fjl $ le 4 030,00 $ 2,015,00 $ 2 4 1 $ 2,552 00 S 1 276.00 $ 1 5 1 $ 2,552-00 S 1 $ 1 6 1 $ 2.552.00 $ 1 276.00 1 $ 1 7 1 $ 2-1 $ 1 1 $ 1 8 1 S 2 552.00 $ 1 1 $ 1,276.00 9 1 $ 2,552.00 $ 1 1 $ 1 10 1 $ 2- 1 1 ' 00 S 1 277,00 11 1 $ 2,558.00 $ 1 1 S 1 1 2 $ 2U 00 $ 1 1 $ 1x77,00 2 2 $ 2 552.00 $ 1 276.00 $ 276. 00__i_�� 3 2 $ 2.552.00 $ 1 $ 1 , 275.00 4 S 2 $ 1276.00 $ 1,276,00 5 2 $ 2,552,00 $ 1 276.20 $ 1 1 3 $ 1092.00 $ 546.00 I S 545 2 3 $ 1092,00 $ 546.00 $ 546,00 3 3 S 1092.00 $ 546.00 $ 5413.00 4 3 _ $ 1092.00 S 546.00 $ 546.(10 5 3 S 1 $ 546.00 ! $ 546,0 2 2 $ 1002.00 $ 546.00' $ 546,00 7 3 $ 1 00 $ 546.00 $ 548,00 8 3 $ 1092.00 $ 546.00 $ 5 46.00 9 3 $ 1092.00 S 546.00 $ 546.00 10 3 $ 1092.00 $ 546,00 $ 546,00 11 3 $ 1092.00 S 546.00 R 346.00 12 3 $ 1092100 $ 546. D0 I $ 546.00 1 13 3 $ 1092,00 $ 546.00 1 $ 54(;.00 14 3 $ 1,0 92.00 $ 548.00 i $ 5 Cuo 15 3 1 $ 10_92.00 $ 546.00 F 546.00 16 S 100200 $ 548.00 546.00 17 3 $ t 092.00 S 546.00 S 5 0 18 3 $ 1092.00 1 S 540,00 S F�5,.170 $ 90 348 00 1 $ 4517400 $ 4.5 174 00 Page 1 Sheetl u IVH 2nd Addition cont'd �b 9 `�• $t �So $� LOT BLOCK Full Tax Amt First Half Due May 15th 12ndHalfDueOctI5tII 3 4 S 1224,00 S 612.00 Is 612.00 4 4 $ 1224.00 $ 612.00 $ 612.00 5 4 S 109700 $ 546.00 $ 546.00 6 4 $ 1 092.00 $ 546.00 1 $ 546.00 7 4 $ 1092.00 $ 546.00 I S 546,00 9 4 $ 1,092.00 $ 546.00 $ 546.00 10 4 $ 1092.00 $ 545.00 $ 546.00 11 4 $ 1 092.00 $ 546.00 $ 546.00 12 4 $ 1092 -00 $ 546.00 S 546.00 13 4 $ 1092.00 $ 546.00 $ 54600 14 4 $ 1092.00 $ 546.00 $ 546.00 15 4 $ 1092.00 $ 546.00 S 546.00 16 4 $ 1092.00 $ 546.00 1 1 $ 546.00 17 4 $ 1092.00 $ 546.00 1 $ 546.00 18 4 $ 1092.00 $ 546.00 1 $ 546.00 19 4 $ 1092.00 $ WM $ 546.00 20 4 $ 1092.00 $ 546.00 $ 546.00 21 4 $ 1092.00 $ 546.00 $ 546.00 22 4 $ 1092.00 $ 546.00 $ 546.00 23 4 $ 1092.00 $ 546.00 $ 546.00 24 4 $ 1092.00 $ 546.00 $ 546.00 25 4 $ 1092.00 $ 546.00 $ 546.00 26 4 $ 1092.00 $ 546.00 $ 546.00 27 d $ 1092.00 $ 546.00 $ 546.00 28 4 1 $ 1092.00 $ 546.00 $ 546.00 29 4 $ 1 $ 546.00 ' $ 546.00 30 4 $ 1097_.00 S 546.D0 $ 546.00 31 4 $ 1 092.00 $ 546 00 1 $ 546.00 32 4 $ 10 $ 546.00 $ 546.00 33 4 S 1,092.00 $ 546.00 $ 546.00 34 4 $ 1 092.00 S c46.00 1 5 54b 00 cutlot A ivh 2nd $ 3602.00 $ 1 1 $ 1 801.00 ' outlot B ivh 2nd $ 16 65200 $ 8 326.00 S 20.00 8 3 I cutlot A I ivh 1st $ 100.00 S _ 50.00 $. 5000 6 acres •' S ✓ 962.00 $ 431 .00 $ .' : 481_09 -'- 5.0 acres 1 $ 160.00 $ 80.00 $ 80.00 6.5 acres $ 176.00 88.00 2.00 $ `+ $ $ $ $ $ -55 $ 27 886.00 i $ 27 Sf14.00 Page 2 C • Hutchinson City Center 111 Hassan Street SE Hutchinson, hIN 55350.2522 320 - 587- 515VFm 320.234.4240 MEMORANDUM DATE: April 23, 1998 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: HISTORY On April 6, 1998, Mr. Mark Theis submitted an application for a variance to reduce the loading • berth requirement from 65' to 43'. A hearing was held at the regular meeting of the Planning Commission on Tuesday, April 21, 1998, at which time there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, April 9, 1998. RECOMMENDATION It is the recommendation of the Planning Commission that the variance be approved reducing the loading berth requirements referencing the third revised site plan submitted. The third plan represents no encroachment onto roadway with approximately 5' encroachment into the public right of way/boulevard. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission 11 CC: Crow River Press Primed on nxycled paper I-A I Pursuant to Section 6.04, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. UOSTr0 (Orf10 TOP O FkW (e T OTAL Pr°! R ICWMW (IZ TOTAL AAFA M10SWE AREk (1Y MSC AKA - 12A00 1;000 f4 A O=PMf.Y r4K - FT - (P fL ew m (POI TA9L 10, OF"X (100/7n 1. TOTAL EUr OWN (10 (0) 7-C 00016 rw 2 107 W10" 111PA4 (OWn0r1 100&4) iWARN OF 2 DM (dOC'1101r 10W) ,. ROWS ILO' IN[ ON TENT PAS= rdW A E11GRemm 110f11L (1Emm 100&0) & 1 m Pi m 0an6tt w On rf1E O00VA (r9 WN 1000.7) a Spoom Tf ST3TOa (r10T fPENW01W OF Om OM. 11D422 POND= GENERAL SIT ,• f:ONC. WALK w b iXi M., % WIA MWH IMF a SITE PLAN (P . 2 aNCHMIM Tap not !V&onl m oad d0a of Ww* 6a0. Rose n•r� rv.� /+� J �W1T 1I1MY1U �ti � � rNl •n PLANTING SCHEDUI F p M1ow Earm ammo 6 © M1W[ Dm610 Ommm N p MKW Elm m mcwm r p mmw om m wm ro10E mum corm nm p DRUM Tpm TO Mv&L ^ on JAN. COMMON NAME 19 016 TACK ma SPA= AW THIRD REVISION OWL E mw AM 1 AW rro u AYP ■1r tw alrrell 1• T , r or RESOLUTION NO. 11004 RESOLUTION GRANTING VARIANCE FROM SECTION 6.04 OF • ZONING ORDINANCE NO. 464 TO ALLOW A VARIANCE REQUESTED BY CROW RIVER PRESS TO REDUCE LOADING BERTH SETBACK LOCATED AT 170 SHADY RIDGE ROAD NW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Mr. Mark Theis, Crow River Press, has applied for a variance from Section 6.04 of Zoning Ordinance No. 464 to reduce loading berth setback to allow approximately a five foot encroachment into the public right -of -way on property located at 170 Shady Ridge Road, with the following legal description: Legal Description: Lots 1, 2, and 3, Block 1, Tenpart Addition, according to the recorded plat thereof. 2. The Planning Commission has reviewed the application for a variance and has recommended to the City Council that the application for variance be approved as set forth above. 3. The Council has considered the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the values of property in the surrounding area and the effect of the proposed variance upon the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not impair an adequate supply of • light and air to adjacent property, unreasonably diminish or impair health, safety, comfort, morals, or in any other aspect be contrary to the intent of the ordinance and the Comprehensive Plan. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CONCLUSION The application for the variance for the purpose designated is granted based on the findings set forth above referencing the third revised site plan submitted. The third plan represents no encroachment onto roadway with approximately a 5' encroachment into the public right -of- way/boulevard. Adopted by the City Council this 28th day of April, 1998. ATTEST: • Gary D. Plotz, City Adm. Marlin D. Torgerson, Mayor M P �Y71 ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP • Mr. Gary Plotz Hutchinson City Center 111 Hassan Street SE Hutchinson, Mn. 55350 Re: Wetherell Property Acquisition Our File No. 3244 -97115 Dear Gary: (320) 587 -7575 FAX (320) 667 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON May 12, 1998 'A AY 1 2 1998 6171 ur rw I GHiNSON OF COUNSEL ARTHUR L. DOTEN 6661 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55416 (612) 545 -9000 FAX (61 2) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (61 2) 389-2214 FAX (61 2) 389-5506 I am enclosing herewith a revised Purchase Agreement which reflects changes requested by Mr. and Mrs. Wetherell in connection with a meeting I had with them this morning. By carbon copy of this correspondence • I am advising Larry Martin of the changes which are outlined In this Purchase Agreement. I have actually enclosed both a redlined and a dean copy of the Purchase Agreement and I would suggest the redlined copy be distributed to Council members for action this evening. Most of the proposed changes are clarifications requested by Mr. and Mrs. Wetherell or assurances requested by them. For example, I have inserted an entirely new paragraph dealing with cooperation issues which deals with commitments on the part of the City to give notice before roadway construction actually begins and outlines the fact that all parties know and understand that heavy equipment and materials will be stored on the site but the City agrees to use reasonable efforts to keep such materials away from the Wetherell's property. Mr. and Mrs. Wetherell acknowledge that they fully expect that the City would do so anyway but as long as they have requested it including it in the Purchase Agreement does not appear to me to be a major sacrifice. The only substantive change, from my perspective, deals with the issue of the retention. Mr. and Mrs. Wetherell specifically requested that the City retain $10,000.00 rather than $15,000.00. 1 believe they understand, after our discussion, why the City is requesting a somewhat higher retention amount. However, the problem that they face is buying replacement property and the need for every available dollar of capital to get that purchase completed. Frankly, from my perspective, if the Wetherells were inclined to create a problem for the City neither $10,000.00 nor $15,000.00 would be sufficient to deal with the issue and if the problem is inadvertently created, a $10,000.00 hold back is probably sufficient. In my 11 years as city attorney the largest single clean up expense that we incurred was with the Lowell Otto property and that was something less than $10,000.00. I did indicate to Mr. and Mrs. Wetherell that this was an issue about which there were concerns at the Council level and I would discuss the issue with them and get back to them with the revisions approved by the • Council as the Council may see fit. DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' LAURA K. FRETLAND PAUL D. DOVE" JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN D -REHER WALTER P. MICHELS, III JAMES UTLEY ' A LBO ADMITTED IN TEXAS AND NEW YORK ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSO N. MINNESOTA 55350-2563 CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION g 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary Plotz May 12, 1998 page 2 Please get back to me with any questions or problems. Thank you. Best regards. Very tru_VWurs, ANDERSON & DOVE, PLLP O$-Mrry Anderson GBA:jm enc. CC Larry Martin • • PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into this day of April, 1998, by and between the City of Hutchinson, a Minnesota municipal corporation (Buyer), and Mary Ann Wetherell and Crary Wetherell, husband and wife (Seller). RECITALS: 1. Sellers, residing at 1145 Arch Street, Hutchinson, Minnesota 55350 desire to sell the following described real estate: That part of the West Half of the Northeast Quarter of Section 5, Township 116, Range 29, McLeod County, Minnesota, and that part of Lot 7 of the Auditor's Plat of the West Half of said Section 5 described as beginning at the Northeast corner of Lot 8 of said Auditor's Plat; thence on an assumed bearing of South along the East line of said Lot 8 a distance of 719.75 feet to the centerline of a township road; thence South 64 degrees, 04 minutes, East along said centerline a distance of 94421 feet; thence North a distance of 1142.40 feet to a point bearing East from the point of beginning; thence West a distance of 849.13 feet to the point of beginning. ONE • That part of the West Half of the Northeast Quarter of Section 5, Township 116, Range 29, McLeod County, Minnesota described as commencing at the Northeast corner of Lot 8 of the Auditor's Plat of the West Half of Section 5, Township 116, Range 29; thence on an assumed bearing of South along the East line of said Lot 8 to the centerline of a township road; thence South 64 degrees, 04 minutes East along said centerline a distance of 944.21 feet to the point of beginning of the parcel herein described; thence continue South 64 degrees, 04 minutes East along said centerline a distance of 81.18 feet; thence North a distance of 1177.90 feet to a point bearing East from the Northeast comer of said Lot 8; thence West a distance of 73.00 feet to a point bearing North from the point of beginning; thence South a distance of 1142.40 to the point of beginning. 2. Buyer desires to purchase said property; 3. The parties hereto have reduced their agreement to writing. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree and contract as follows: 1. OFFER AND ACCEPTANCE: Buyer offers to purchase and Seller agrees to sell the above described real estate. 2. PRICE AND TERMS: the price for the real property included in this sale is Three • Hundred Fifty Five Thousand and no /100 Dollars ($355,000.00) with the sum of Three Hundred AI Forty Thousand and no /100 Dollars (340,000.00) to be paid in cash at the time of closing and the • balance to be paid pursuant to the terms of paragraph 15 as set forth below. One Hundred Thousand and no /100 Dollars (100,000.00) of the purchase price paid herein shall be attributed to relocation expenses but no additional payments shall be made by Buyer to Seller for relocation benefits. 3. DEED AND MARKETABLE TITLE: Upon performance by Buyer, Seller shall execute and deliver a general warranty deed joined in by spouse, if any, conveying marketable title, subject to: (a) building an zoning laws, ordinances, state and federal regulations; (b) restrictions relating to use or improvement of the property without effective forfeiture provisions; (c) reservation of any mineral rights by the State of Minnesota; (d) utility and drainage easements which do not interfere with existing improvements, (e) exceptions to title which constitute encumbrances, restrictions, or easements which have been disclosed to Buyer and accepted by Buyer in this purchase agreement; (must be specified in writing) 4. REAL ESTATE TAXES AND ASSESSMENTS Seller shall continue to pay real estate taxes as the same fall due and shall not permit said real estate taxes to become delinquent until Seller vacates the premises. Taxes due and payable in the year Seller vacates the premises shall be pro rated to the last day of occupancy of the premises by the Seller. Occupancy is defined as any period of time in which Seller's personal property, goods, belongings, inventory or equipment (not including • buildings or fixtures) remain on the premises. Taxes for the property north of Fifth Avenue as constructed shall be pro rated for calendar year 2000 with seller'paying one -fourth of said taxes and buyer paying three- fourth of said taxes unless Seller vacates said premises earlier in which case Buyer shall pay taxes based on the date of vacation by Seller. In no event shall Seller pay taxes in an amount greater than the 1998 tax level assigned to said property and Buyer shall pay all assessments whether levied, pending or deferred. 5. DAMAGES TO REAL PROPERTY If the real property is substantially damaged prior to closing, this agreement shall terminate and the earnest money shall be refunded to Buyer. If the real property is damaged materially but less than substantially prior to closing, Buyer may rescind this agreement by notice to Seller within twenty one (21) days after Seller notifies Buyer of such damage, during which twenty one (21) day period Buyer may inspect the real property, and in the event of such recission, the earnest money shall be refunded to Buyer. 6. BOUNDARY LINE. ACCESS, RESTRICTIONS AND LIEN WARRANTIES Seller warrants that buildings, if any, are entirely within the boundary lines of the property. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the property. 7. DISCLOSURE OF NOTICES: Seller has not received any notice from any governmental • • authority as to violation of any law, ordinance or regulation affecting the property. If the property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. 8. EXAMINATION OF TITLE: Within a reasonable time after the acceptance of this agreement, Seller shall furnish Buyer with an Abstract of Title or a Certificate Showing Condition of Register certified to date including proper searches covering bankruptcies and State and Federal judgements, liens, and levied and pending special assessments. Buyer shall have ten (10) business days after receipt of the Abstract of Title or Certificate Showing Condition of Register either to have Buyer's attorney examine the title and provide Seller with written objections or, at Buyer's own expense, to make an application for a Title Insurance Policy and notify Seller of the application. Buyer shall have ten (10) business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written objections. Buyer shall be deemed to have waived any title objection not made within the ten (10) day period, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not a specified above. 9. TITLE CORRECTIONS AND REMEDIES Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller • shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. (A) If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. (B) If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, Buyer may declare this agreement void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. (C) If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, one or more of the following: 1. Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: (a) seek damages, costs, and reasonable attorneys' fees from Seller as permitted by law (damages under this subparagraph (1) shall be limited to the costs of curing objections of title, and consequential damages are excluded); or (b) undertake proceedings to correct the objections to title; • 2. Rescission of this purchase agreement by notice as provided herein, in which case the • purchase agreement shall be void and all earnest money paid hereunder shall be refunded to Buyer. 3. Damages from Seller together with costs and reasonable attorneys' fees, as permitted by law; 4. Specific performance within six months after such right of action arises. 10. ENVIRONMENTAL CONTINGENCY An environmental survey and assessment must demonstrate the above described property is free of any and all hazardous or toxic substances, material or waste. The term "hazardous or toxic substances, material or waste" means any substance that is toxic, ignitable, explosive, reactive or corrosive or otherwise defined as hazardous and that is regulated by the City of Hutchinson, the County of McLeod, the State of Minnesota or the United States Government and that exceeds the levels of regulatory tolerance including, but not limited to, substances regulated under the Federal Water Pollution Control Act, the Federal Clean Air Act, the Federal Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substance Control Act, or under the Sofid Waste Disposal Act, petroleum or its derivatives and products, asbestos or polychlorinated biphenyls (pcb's). The Seller hereby grants to the Buyer, its successors and assigns, and their agents and employees, permission to enter upon the property to conduct the environmental survey and assessment. The Buyer agrees to save, indemnify and hold harmless the Seller from and against all costs, expenses, damages or liabilities arising out of or in connection with the conduct of an environmental survey and • assessment (other than costs, expenses, damages or liabilities for investigation, remediation, removal or clean -up of conditions encountered during the environmental survey and assessment). This contingency shall expire and be of no further force and effect thirty days from the date of execution hereof and shall be deemed waived by Buyer unless notice is given by Buyer pursuant to this agreement to avail itself of this contingency. 11. LEASE_ For good and valuable consideration as set forth elsewhere in this agreement, Seller shall be permitted to lease the above described premises, subject to the terms and conditions of this Agreement, for a period of three years with said lease terminating at the close of business on March 31, 2001. Seller agrees to pay all taxes (in an amount not to exceed 1998 levels and as set forth in paragraph four above) and to pay all expenses of occupancy including but not limited to insurance and utility charges during Seller's occupancy of the premises. Seller agrees that no waste of the premises will be permitted and the weeds will be controlled as required by law. Seller agrees to maintain the premises in a condition that complies with the usual custom and practice of the area and that is not unsightly provided, however, that Seller shall not be required to repaint or reside any buildings because all parties acknowledge that it is the intention of the Buyer to remove said buildings following termination of Seller's occupancy as set forth herein. Seller agrees that no action or inaction taken by the Seller's during the period of occupancy will increase the level of environmental risk relative to the above described property. On or before April 1, 2001, or April 1, 2000 as to the parcel north of a proposed Fifth Avenue, Seller will remove all personal property, equipment, inventory, goods and belongings leaving only the structures that are presently located on the premises and any fixtures associated with said structures. Seller agrees to permit no liens of any sort to be • • established against the property including but not limited to mortgage hens, UCC liens or mechanic's liens. 12. COOPERATION: Buyer agrees to give Seller 30 days notice of intent to begin the physical construction process for roadway purposes. Buyer agrees to use best efforts to confine actual construction work within the described right of way as set forth on project maps but both parties acknowledge the construction process will require work in and around the right of way area. Buyer agrees to allow Seller to have access across the construction area to and from the parcels on the north and south side of the roadway right of way to the extent such access does not impair or impede the construction process. Buyer agrees to give Seller reasonable notice of lengthy periods where access across the right of way construction area will not be possible due to construction efforts. Seller understands and acknowledges that roadway materials, heavy equipment and other construction property will be stored on the subject property and Buyer agrees to use best efforts to keep such material either within the right of way area or at least away from the present improvements located on the premises. 13. SALVAGE: Seller shall be entitled to salvage material, wood, windows, metal or any other goods or materials from and around the improvements located on the above described real estate, provided, however, that the structural integrity of all buildings must be maintained at all times and that all windows and doors are secured to prevent the entry of vermin and to prevent unauthorized access by individuals to the premises and appropriate safety standards must be complied with at all times. Buyer and Seller specifically agree that Seller may salvage from the premises fixtures including but not limited to heating, plumbing and cabinetry improvements. All salvage work • must be completed no later than April 1, 2000, with respect to the property north of proposed Fifth Avenue or April 1, 2001 with respect to all other property covered by this purchase agreement. All salvage efforts must comply with applicable local, state or federal rules, regulations or statutes. Seller acknowledges that Buyer will not provide utility services to the structures following the date of closing and that Seller exercises all salvage rights granted herein at Seller's own risk. Salvage rights do not extend to removal of any top soil or other material unless otherwise agreed by the parties in writing. 14. INSURANCE: Seller agrees to insure the property for liability purposes and agrees to add the City of Hutchinson as an additional name insured to any policy of insurance granted herein. Seller shall not be obligated to carry Fire Loss or Windstorm Coverage on said property as the parties acknowledge that Buyer intends to demolish and remove structures and improvements upon occupancy of the property by Buyer. 15. RELOCATION BENEFIT: Buyer and Seller acknowledge that the purchase price contemplated herein includes any and all relocation benefits payable to Seller and Seller agrees to enter into a waiver of relocation benefits as set forth on attached exhibit "A." 16. RETENTION: Buyer shall retain the sum of Ten Thousand and no /100 Dollars ($10,000.00) which shall bear interest at the rate of 7.5% per annum from and after the date of closing herein. The retained amount, along with accrued interest, shall be released to Seller at the • earlier of the termination of the occupancy of any portion of the premises by Seller or April 1, 2001 • and a determination by the Buyer that the terms and conditions of this agreement have been complied with by the Seller. Seller shall give at least thirty days written notice to Buyer of a request for payment earlier than April 1, 2001 and if no notice is given, payment of amounts due under this paragraph shall occur on or before May 1, 2001. Nothing herein shall be interpreted to be a limitation on the rights of the Buyer in the event of a default by the Seller and any rights granted under this paragraph are in addition to any other rights granted or held by Buyer. Seller and Buyer agree that the retention contemplated by this paragraph is intended to be a potential remedy for the City for a substantial or significant breach of the agreement by Buyer. 17. WELL DISCLOSURE AND INDIVIDUAL SEWAGE TREATMENT SYSTEM DISCLOSURE: Seller agrees to provide, prior to closing, standard Minnesota forms showing the location of, and all other required data concerning any wells or individual sewer systems on the above described property. Seller agrees not to drill any additional wells or install or improve any individual sewer systems without the written permission of Buyer. 18. SUBLEASE OR ASSIGNMENT: Seller may not assign, sublease, transfer or convey in any way the rights granted by Buyer to Seller to any other parry, individual or entity without obtaining the prior written consent of the Buyer. 19. SUCCESSORS AND ASSIGNS: This agreement shall apply to, inure to the benefit of, and be binding upon and enforce able against the parties hereto and their respective successors and assigns. • 20. DEFAULT: If either party defaults under this agreement, the other party shall, within thirty days thereafter, by written notice to the defaulting party, give notice of the default and if the defaulting party fails to cure non - performance, the non - defaulting party shall be entitled to all rights under the laws of the State of Minnesota including but not limited to, and not to the exclusion of other remedies, the right on the part of Buyer to retain proceeds otherwise payable to Seller as set forth elsewhere in this agreement. In the event of a default, the prevailing party shall be entitled to reimbursement of the prevailing party's reasonable attorneys fees. 21. NOTICES: All notices, demands or consents provided for in this agreement shall be in writing and shall be deemed given when delivered to the parties hereto by hand or by United States Registered or Certified Mail, return receipt requested, with postage prepaid. All such notices and communications shall be deemed to have been served on the date when mailed. All notices and communications shall be addressed to the parties hereto at the respective addresses set forth below: 1. If to Seller: Gary Wetherell and Mary Ann Wetherell 1145 Arch Street Hutchinson, MN 55350 With a copy to: Larry Martin Larkin, Holtman, Daly & Lindgren, Ltd. • 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, MN 55431 -1194 If to Buyer: City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Attn: City Administrator With a copy to: G. Barry Anderson, Esq. Arnold, Anderson & Dove, PLLP 101 Park Place Hutchinson, MN 55350 22. GOVERNING LAW: This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 23. COOPERATION: Each of the parties agrees to cooperate with the other in effecting the purposes of this agreement. Without limiting the generality of the foregoing, Seller agrees to keep Buyer fully informed of its uses for the property and its intentions regarding termination of occupancy of the property. 24. SURVIVABILITY This Agreement shall survive the closing contemplated herein. • 25. ENTIRE AGREEMENT This Agreement forms the entire agreement by and between the parties and there are no other understandings, agreements or commitments outside of this Agreement. 26. ATTORNEYS Both parties have retained counsel of their own choosing and have been My advised by counsel about the terms, conditions and ramifications of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first above written. CITY OF HUTCHINSON By: Gary Wetherell Its Mayor Attest: Mary Ann Wetherell Gary D. Plotz, City Administrator • RECEIVED ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITEO LIABILITY PARTNERSHIP E DAVID S. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' LAURA K. FRETLAND PAUL D. DOVE" JANE VAN VALKENBURG RICHARD G. MDGEE CATHRYN D. REMER WALTER P. MICHELS, III JAMES UTLEY 'ALSO ADMITTED IN TEXAS AND NEW YORK Ms. Marilyn Swanson Hutchinson City Center 111 Hassan Street SE Hutchinson, Mn. 55350 Re: City of Hutchinson/Wetherell Property Our File No. 3244 -97115 Dear Marilyn: RESIDENT ATTORNEY G. BARRY ANDERSON May 7, 1998 MAY R 1998 Crn' OF HUTCHINSON OF COUNSEL ARTHUR L. DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 884148 (4 12) 848 -9000 FAX (612) 848 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 58371 (612) 369-2214 FAX (612) 3ag-5508 I am enclosing herewith what Is a rough draft of the proposed Purchase Agreement between the City of Hutchinson and Mr. and Mrs. Wetherell. This correspondence along with this agreement should be Included In the Council packet for action Tuesday evening. I expect there will be some changes to the agreement • because attorney Martin has only now started reviewing the document. However, I expect the changes to be mostly matters of language and not with respect to the substance of the terms. If you have any questions or problems In connection with this matter, please do not hesitate to contact me. Thank you. Best regards. • Very truly yours, ARNOLD, ANDERSON & DOVE, PLLP v G. Barry Ande n j GBA:jm enc. ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (3 20) 567 -7575 FAX (320) 547 -40948 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION, {{ 1 "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION J • PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into this day of April, 1998, by and between the City of Hutchinson, a Minnesota municipal corporation (Buyer), and Mary Ann Wetherell and Gary Wetherell, husband and wife (Seller). RECITALS: 1. Sellers, residing at 1145 Arch Street, Hutchinson, Minnesota 55350 desire to sell the following described real estate: That part of the West Half of the Northeast Quarter of Section 5, Township 116, Range 29, McLeod County, Minnesota, and that part of Lot 7 of the Auditor's Plat of the West Half of said Section 5 described as beginning at the Northeast comer of Lot 8 of said Auditor's Plat; thence on an assumed bearing of South along the East line of said Lot 8 a distance of 719.75 feet to the centerline of a township road; thence South 64 degrees, 04 minutes, East along said centerline a distance of 944.21 feet; thence North a distance of 1142.40 feet to a point bearing East from the point of beginning; thence West a distance of 849.13 feet to the point of beginning. • That part of the West Half of the Northeast Quarter of Section 5, Township 116, Range 29, McLeod County, Minnesota described as commencing at the Northeast comer of Lot 8 of the Auditor's Plat of the West Half of Section 5, Township 116, Range 29; thence on an assumed bearing of South along the East be of said Lot 8 to the centerline of a township road; thence South 64 degrees, 04 minutes East along said centerline a distance of 944.21 feet to the point of beginning of the parcel herein described; thence continue South 64 degrees, 04 minutes East along said centerline a distance of 81.18 feet; thence North a distance of 1177.90 feet to a point bearing East from the Northeast corner of said Lot 8; thence West a distance of 73.00 feet to a point bearing North from the point of beginning; thence South a distance of 1142.40 to the point of beginning. 2. Buyer desires to purchase said property; 3. The parties hereto have reduced their agreement to writing. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree and contract as follows: 1. OFFER AND ACCEPTANCE: Buyer offers to purchase and Seller agrees to sell the above described real estate. 2. PRICE AND TERMS: the price for the real property included in this sale is Three • Hundred Fifty Five Thousand and no /100 Dollars ($355,000.00) with the sum of Three Hundred • Forty Thousand and no /100 Dollars (340,000.00) to be paid in cash at the time of closing and the balance to be paid pursuant to the terms of paragraph 15 as set forth below. One Hundred Thousand and no /100 Dollars (100,000.00) of the purchase price paid herein shall be attributed to relocation expenses but no additional payments shall be made by Buyer to Seller for relocation benefits. 3. DEED AND MARKETABLE TITLE: Upon performance by Buyer, Seller shall execute and deliver a general warranty deed joined in by spouse, if any, conveying marketable title, subject to: (a) building an zoning laws, ordinances, state and federal regulations; (b) restrictions relating to use or improvement of the property without effective forfeiture provisions, (c) reservation of any mineral rights by the State of Minnesota; (d) utility and drainage easements which do not interfere with existing improvements; (e) exceptions to title which constitute encumbrances, restrictions, or easements which have been disclosed to Buyer and accepted by Buyer in this purchase agreement; (must be specified in writing) 4. REAL ESTATE TAXES AND ASSESSMENTS: Seller shall continue to pay real estate taxes as the same fall due and shall not permit said real estate taxes to become delinquent until Seller vacates the premises. Taxes due and payable in the year Seller vacates the premises shall be pro rated to the last day of occupancy of the premises by the Seller. Occupancy is defined as any period of time • in which Seller's personal property, goods, belongings, inventory or equipment (not including buildings or fixtures) remain on the premises. Taxes for the property north of Fifth Avenue as constructed shall be pro rated for calendar year 2000 with seller paying one -fourth of said taxes and buyer paying three -fourth of said taxes unless Seller vacates said premises earlier in which case Buyer shall pay taxes based on the date of vacation by Seller. In no event shall Seller pay taxes in an amount greater than the 1998 tax level assigned to said property and Buyer shall pay all assessments whether levied, pending or deferred. 5. DAMAGES TO REAL PROPERTY: If the real property is substantially damaged prior to closing, this agreement shall terminate and the earnest money shall be refunded to Buyer. If the real property is damaged materially but less than substantially prior to closing, Buyer may rescind this agreement by notice to Seller within twenty one (21) days after Seller notifies Buyer of such damage, during which twenty one (21) day period Buyer may inspect the real property, and in the event of such recission, the earnest money shall be refunded to Buyer. 6. BOUNDARY LINE, ACCESS. RESTRICTIONS AND LIEN WARRANTIES: Seller warrants that buildings, if any, are entirely within the boundary lines of the property. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the property. • 7. DISCLOSURE OF NOTICES: Seller has not received any notice from any governmental • authority as to violation of any law, ordinance or regulation affecting the property. If the property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. 8. EXAMINATION OF TITLE: Within a reasonable time after the acceptance of this agreement, Seller shall furnish Buyer with an Abstract of Title or a Certificate Showing Condition of Register certified to date including proper searches covering bankruptcies and State and Federal judgements, hens, and levied and pending special assessments. Buyer shall have ten (10) business days after receipt of the Abstract of Title or Certificate Showing Condition of Register either to have Buyer's attorney examine the title and provide Seller with written objections or, at Buyer's own expense, to make an application for a Title Insurance Policy and notify Seller of the application. Buyer shall have ten (10) business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written objections. Buyer shall be deemed to have waived any title objection not made within the ten (10) day period, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not a specified above. 9. TITLE CORRECTIONS AND REMEDIES: Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller • shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. (A) If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. (B) If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, Buyer may declare this agreement void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. (C) If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, one or more of the following: 1. Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: (a) seek damages, costs, and reasonable attorneys' fees from Seller as permitted by law (damages under this subparagraph (1) shall be limited to the costs of curing objections of title, and consequential damages are excluded); or (b) undertake proceedings to correct the objections to title; r 1 U 2. Rescission of this purchase agreement by notice as provided herein, in which case the • purchase agreement shall be void and all earnest money paid hereunder shall be refunded to Buyer. 3. Damages from Seller together with costs and reasonable attorneys' fees, as permitted by law; 4. Specific performance within six months after such right of action arises. 10. ENVIRONMENTAL CONTINGENCY An environmental survey and assessment must demonstrate the above described property is free of any and all hazardous or toxic substances, material or waste. The term "hazardous or toxic substances, material or waste" means any substance that is toxic, ignitable, explosive, reactive or corrosive or otherwise defined as hazardous and that is regulated by the City of Hutchinson, the County of McLeod, the State of Minnesota or the United States Government and that exceeds the levels of regulatory tolerance including, but not limited to, substances regulated under the Federal Water Pollution Control Act, the Federal Clean Air Act, the Federal Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substance Control Act, or under the Solid Waste Disposal Act, petroleum or its derivatives and products, asbestos or polychlorinated biphenyls (pcb's). The Seller hereby grants to the Buyer, its successors and assigns, and their agents and employees, permission to enter upon the property to conduct the environmental survey and assessment. The Buyer agrees to save, indemnify and hold harmless the Seller from and against all costs, expenses, damages or liabilities arising out of or in connection with the conduct of an environmental survey and • assessment (other than costs, expenses, damages or liabilities for investigation, remediation, removal or clean-up of conditions encountered during the environmental survey and assessment). This contingency shall expire and be of no further force and effect thirty days from the date of execution hereof and shall be deemed waived by Buyer unless notice is given by Buyer pursuant to this agreement to avail itself of this contingency. 11. LEASE: For good and valuable consideration as set forth elsewhere in this agreement, Seller shall be permitted to lease the above described premises, subject to the terms and conditions of this Agreement, for a period of three years with said lease terminating at the close of business on March 31, 2001. Seller agrees to pay all taxes (in an amount not to exceed 1998 levels and as set forth in paragraph four above) and to pay all expenses of occupancy including but not limited to insurance and utility charges during Seller's occupancy of the premises. Seller agrees that no waste of the premises will be permitted and the weeds will be controlled as required by law. Seller agrees to maintain the premises in a condition that complies with the usual custom and practice of the area and that is not unsightly provided, however, that Seller shall not be required to repaint or reside any buildings because all parties acknowledge that it is the intention of the Buyer to remove said buildings following termination of Seller's occupancy as set forth herein. Seller agrees that no action or inaction taken by the Seller's during the period of occupancy will increase the level of environmental risk relative to the above described property. On or before April 1, 2001, or April 1, 2000 as to the parcel north of a proposed Fifth Avenue, Seller will remove all personal property, equipment, inventory, goods and belongings leaving only the structures that are presently located on the premises • and any fixtures associated with said structures. Seller agrees to permit no liens of any sort to be • established against the property including but not limited to mortgage liens, UCC liens or mechanic's liens. 12. SALVAGE Seller shall be entitled to salvage material, wood, windows, metal or any other goods or materials from and around the improvements located on the above described real estate, provided, however, that the structural integrity of all buildings must be maintained at all times and that all windows and doors are secured to prevent the entry of vermin and to prevent unauthorized access by individuals to the premises and appropriate safety standards must be complied with at all times. All salvage work must be completed no later than April 1, 2000, with respect to the property north of proposed Fifth Avenue or April 1, 2001 with respect to all other property covered by this purchase agreement. All salvage efforts must comply with applicable local, state or federal rules, regulations or statutes. Seller acknowledges that Buyer will not provide utility services to the structures following the date of closing and that Seller exercises all salvage rights granted herein at Seller's own risk. 13. INSURANCE: Seller agrees to insure the property for liability purposes and agrees to add the City of Hutchinson as an additional name insured to any policy of insurance granted herein. Seller shall not be obligated to carry Fire Loss or Windstorm Coverage on said property as the parties acknowledge that Buyer intends to demolish and remove structures and improvements upon occupancy of the property by Buyer. 14. RELOCATION BENEFIT Buyer and Seller acknowledge that the purchase price • contemplated herein includes any and all relocation benefits payable to Seller and Seller agrees to enter into a waiver of relocation benefits as set forth on attached exhibit "A." 15. RETENTION: Buyer shall retain the sum of Fifteen Thousand and no /100 Dollars ($15,000.00) which shall bear interest at the rate of 7.5% per annum from and after the date of closing herein. The retained amount, along with accrued interest, shall be released to Seller at the earlier of the termination of the occupancy of any portion of the premises by Seller or April 1, 2001 and a determination by the Buyer that the terms and conditions of this agreement have been complied with by the Seller. Seller shall give at least thirty days written notice to Buyer of a request for payment earlier than April 1, 2001 and if no notice is given, payment of amounts due under this paragraph shall occur on or before May 1, 2001. Nothing herein shall be interpreted to be a limitation on the rights of the Buyer in the event of a default by the Seller and any rights granted under this paragraph are in addition to any other rights granted or held by Buyer. 16. WELL DISCLOSURE AND INDIVIDUAL SEWAGE TREATMENT SYSTEM DISCLOSURE: Seller agrees to provide, prior to closing, standard Minnesota forms showing the location of; and all other required data concerning any wells or individual sewer systems on the above described property. Seller agrees not to drill any additional wells or install or improve any individual sewer systems without the written permission of Buyer. 17. SUBLEASE OR ASSIGNMENT Seller may not assign, sublease, transfer or convey in any way the rights granted by Buyer to Seller to any other party, individual or entity without • obtaining the prior written consent of the Buyer. • 18. SUCCESSORS AND ASSIGNS: This agreement shall apply to, inure to the benefit of, and be binding upon and enforce able against the parties hereto and their respective successors and assigns. 19. DEFAULT: If either party defaults under this agreement, the other party shall, within thirty days thereafter, by written notice to the defaulting party, give notice of the default and if the defaulting party fails to cure non - performance, the non - defaulting party shall be entitled to all rights under the laws of the State of Minnesota including but not limited to, and not to the exclusion of other remedies, the right on the part of Buyer to retain proceeds otherwise payable to Seller as set forth elsewhere in this agreement. In the event of a default, the prevailing party shall be entitled to reimbursement of the prevailing party's reasonable attorneys fees. 20. NOTICES: All notices, demands or consents provided for in this agreement shall be in writing and shall be deemed given when delivered to the parties hereto by hand or by United States Registered or Certified Mail, return receipt requested, with postage prepaid. All such notices and communications shall be deemed to have been served on the date when mailed. All notices and communications shall be addressed to the parties hereto at the respective addresses set forth below: 1. If to Seller: Gary Wetherell and Mary Ann Wetherell 1145 Arch Street Hutchinson, MN 55350 With a copy to: Larry Martin • Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, MN 55431 -1194 If to Buyer: City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Attn: City Administrator With a copy to: G. Barry Anderson, Esq. Arnold, Anderson & Dove, PLLP 101 Park Place Hutchinson, MN 55350 21. GOVERNING LAW: This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 22. COOPERATION: Each of the parties agrees to cooperate with the other in effecting the purposes of this agreement. Without limiting the generality of the foregoing, Seller agrees to keep Buyer fully informed of its uses for the property and its intentions regarding termination of occupancy • of the property. • 23. SURVIVABILITY This Agreement shall survive the closing contemplated herein. 24. ENTIRE AGREEMENT This Agreement forms the entire agreement by and between the parties and there are no other understandings, agreements or commitments outside of this Agreement. 25. ATTORNEYS Both parties have retained counsel of their own choosing and have been fully advised by counsel about the terms, conditions and ramifications of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first above written. CITY OF 1 UTCHINSON Gary Wetherell Mary Ann Wetherell Lo Its Mayor Attest: Gary D. Plotz, City Administrator C� • • EXHIBYT "A" ACOUISTI'ION AND RELOCATION RIGHTS Seller acknowledges fights granted pursuant to Minn. Stat. Chapter 117 and specifically to Nfinn. Stat. 117.52 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended, 49 CFR Part 24 (hereinafter referred to as "URA"). Seller acknowledges that the subject URA fights establish both real property acquisition procedures and relocation benefits that the seller is entitled to receive. Seller elects to waive certain URA rights including those relating to relocation assistance, services, payments and benefits for which he is eligible to receive. The following is a summary of those URA rights being waived: 1) Acquisition Rights - written offer ofjust compensation, right to accompany the City's appraiser on an inspection, right to a summary statement of just compensation, right to receive up to $500.00 for the sellers costs for its own appraisal; 2) Business Relocation - moving costs for self move or professional mover, reestablishment costs up to $10,000.00, search costs up to $1,000.00, a payment in lieu of actual moving costs not to exceed $20,000.00, advisory and claim preparation services, comparable property referral services, miscellaneous moving and related costs including but not limited to printing costs, planning costs and other professional service costs and actual direct loss of tangible personal property; 3) Homeowner Relocation - actual moving costs or fixed move costs based on the number of rooms of personal property, mortgage interest differential payment if the new mortgage has a higher interest rate than the existing rate, housing replacement payment that compensates for replacement property increased costs for purchase or rent if a move to rental property is elected and payment of miscellaneous closing costs for the existing and replacement property. The seller further acknowledges the URA provides for various notices including a general information notice, a notice of relocation eligibility and a 90 day notice. The Seller acknowledges that in addition to those monetary benefits mentioned above that total relocation payments could include up to $175,000.00 or more for this specific move for business and homeowner relocation benefits. This amount is arrived at as follows: 1) Business relocation claim - $1,000.00 search cost, $10,000.00 reestablishment costs, $100,000.00 moving costs and $20,000.00 miscellaneous actual moving costs for phone reconnection, printing, planning, professional services, etc. 0 2) Homeowner relocation claims - actual moving costs of $5,000.00, mortgage • differential payment of $5,000.00, housing replacement payment of $20,000.00 and miscellaneous moving and relocation costs of $10,000.00. The total of all business and homeowner relocation costs have been rounded to $175,000.00. This amount is an estimate of what these benefits could be under certain circumstances. The seller acknowledges that they are aware of their rights as stated above, and has consulted with and has been advised by Larry Martin, an attorney acting as his own independent counsel. The seller hereby acknowledges that the City has retained a property acquisition and relocation consultant, Kirk A. Schnitker, who is available to the seller for purposes of discussing relocation issues including URA relocation assistance services, payments and benefits. The seller acknowledges that he may call and consult with Professional Redevelopment Resources, Inca at 1- 800 -553 -2092 for purposes of discussing all URA issues. The Seller hereby elects to waive certain URA relocation assistance, services, payments and benefits and does so under no duress or threat. The Seller acknowledges that this waiver is not made under arty threat of condemnation or acquisition by eminent domain, that this waiver is made with full knowledge of any legal rights granted under the URA or Minnesota statutes. The Seller agrees to sell the subject property to the City on a voluntary basis and the seller initiated acquisition discussions involving the subject property. The seller acknowledges that the purchase price and related property terms shall be acceptable consideration for the waiver contained herein. • Gary Wetherell Mary Ann Wetherell r • Parks, Recreation & Community Education 900 Harrington Street SW Hutchinson, MN 55350 -3097 320 - 587- 2975/Faa 320 - 2344243 TO: Mayor and City Council FROM: Chuck Wedin, PRCE Youth Programmer DATE: May 7, 1998 RE: "Mighty Kids" grant The Hutchinson Parks, Recreation and Community Education Department is applying for a Minnesota Amateur Sports Commission "Mighty Kids" grant for the 5 and 6 th grade tackle football program. The grant will replace helmets and • shoulder pads and increase inventory for this growing program. Last fall 60 helmets were taken out of service because they did not meet the NOCSAE safety standard. The PRCE is seeking a $4,000 matching grant, which will not affect the City budget. The matching requirement is received from service clubs and team sponsorships. The local government applicant is required to execute a resolution that authorizes filing of the application and execution of final agreements with the Minnesota Amateur Sports Commission. U r Printed on wcycicd paper- • RESOLUTION NO. 11011 WHEREAS, the Minnesota Amateur Sports Commission (MASQ, via the State General Fund, provides funds to assist political subdivisions of the state of Minnesota for the development of youth sports and recreation programs, and WHEREAS, The City of Hutchinson, Parks, Recreation, & Community Education Department desires to purchase helmets and shoulder pads to replace older, unsafe equipment for the 5` & 6 ' grade youth tackle football program. NOW, THEREFORE BE IT RESOLVED BY THE Mayor and City Council of the City of Hutchinson, Minnesota: 1. Estimates that the total cost of developing said program shall be $6,000 and the City of Hutchinson PRCE Department is . requesting $4,000 from the State General Fund. 2. That the Hutchinson PRCE Youth Programmer is authorized and directed to execute said application and serve as the official liaison with the Minnesota Amateur Sports Commission. Adopted by the City Council this 12` day of May 1998. Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator J ,qq Parks, Recreation & Community Education To: Mayor and City Council 900 Harrington Street SW Hutehin m hIN 55350 -3097 320 - 587- 2975/Fax 320 - 2344243 From: Mary Haugen, Facilities and Operations Manager Re: Civic Arena, "Mighty Ducks" grant Date: May 7, 1998 The Minnesota legislature recently enacted legislation extending the "Mighty Ducks" ice arena grant program. Historically there have been two different types of grant programs available - renovation and new construction grants. In 1996, Hutchinson Civic Arena received a $50,000. grant that went toward lighting improvements, dehumidification and ceiling improvements. We are now in a i position to be eligible for a $250,000. new construction grant. We are seeking your permission to apply for this funding. The first step in the grant application process is the consideration by the local governing authority of a resolution supporting and providing background details about the project. The timeline of the grant would seem to coincide with that of our proposed ice arena addition. The project would likely have to be completed by the end of 1999. The Minnesota Amateur Sports Commission board will evaluate each application and will make final determinations on the following basis: 1. Demonstrated ability of applicant to perform 2. Demonstration of partnerships 3. Demonstrated need based on past participation Based on these criteria, Hutchinson would seem to be in a position to receive a fairly high rating. These grants are competitive in nature meaning that our application will be judged along with others, with the highest rated applicants receiving funding. We are asking for your consideration to proceed with the grant application and request that you pass the attached resolution. • t—(! Vnnied on recycled paper- 0 RESOLUTION NO. 11012 WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the State General Fund, provides for capital funds to assist political subdivisions of the state of Minnesota for the development of sport facilities, and WHEREAS, the City of Hutchinson desires to construct and develop an indoor refrigerated ice rink at the Hutchinson Civic Arena for the sports of girls and boys hockey and figure skating, NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the city of Hutchinson, Minnesota : 1. Estimates that the total cost of developing said facility shall be $1,500,000. and the City of Hutchinson is requesting $250,000. from the State General Fund and will assume responsibility for the remainder of the project in the amount of $1,250,000. 2. The City of Hutchinson agrees to own, assume 100 percent of the operation costs for said sport facility, and will operate said facility for its intended purpose for the functional life of the facility which is estimated to • be 50 years. 3. The City Council of the City of Hutchinson Minnesota, agrees to enter into necessary and required agreements with the Minnesota Amateur Sports Commission for the specific purpose of constructing a sport facility and long- term program direction. 4. That an application be made to the State of Minnesota, Minnesota Amateur Sports Commission, to be included in the Minnesota Amateur Sports Commission's (Governor's) Capital Budget request for an amount presently estimated to be $2,000,000. --5. Thatthe - Parks and Recreation Department's Facilities and Operations Manager is authorized and directed to execute said application and serve as the official liaison with the Minnesota Amateur Sports Commission. Adopted by the City Council this 12th day of May, 1998. ATTEST: Mayor i Gary D. Plotz City Administrator L? Memo TO: Mayor and City Council From Jean Ward, HRA Executive Director Dat« 05/06/98 Re: Amendment to Adams Street Small Cities Rehabilitation Project Procedural Guide On Tuesday, April 21, 1998, the HRA Board reviewed and recommended approval of the following amendment to the Adams Street Rehab Procedural Guide: A cap or maximum rehabilitation cost for a single family home in the amount of $35,000. The current procedural guide has a rehab limit of $30,000. However, the last two homes that have been bid out, though structurally sound, have had total rehab costs in excess of $30,000. Therefore, based on HRA recommendation, we request your consideration and approval of amending the procedural guide to cap the use of SCDP funds at $35,000. For your information, Bill Atkins from DTED did not have any objections to such an amendment and stated that a procedural amendment may be approved k)caly. LJ • Page 1 t—,; C r� Hutchinson Citv Center Ill Hassan Street SE Hutchinson, NtN 55350 -2522 320 - 587- 5151/Fax 320 - 2344240 19 _ _J TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works Randy DeVries, Director of Water/Wastewater Operations RE: Consideration of Proposal for Consulting Services for Feasibility Report on South Area Trunk Sanitary and Storm Sewer Improvements DATE: May 6, 1998 Rust Environment & Infrastructure has previously developed our Comprehensive Sanitary Sewer Plan. The Plan notes how certain areas of the City will be provided with sanitary sewer, and estimates how much this will cost. Based on the current, proposed and/or expected growth in the south and south -east portions of the City it has been determined that a portion of this system (with a preliminary estimate of approximately S3 million) should be constructed over a 2 year period (1999 and 2000). Funding would come from the Sewer Fund (about' /. of the cost, repaid from SAC charges) and from improvement bonds. This development includes: ♦ Future development south of Schmidtbauers AdditionNillage Cooperative (Hoememann Estate) ♦ Future service to South Jefferson Street ♦ TH 15 south corridor development (from Airport Road to Target site, east & west side of TH 15) ♦ Pending and potential development west of the Fairgrounds (including Century Avenue, Dale Street and South Grade Road improvements) ♦ Continued development in the SW area of the City (Lakewood/Bridgewater/Island View Heights) requires additional capacity These proposed, pending or future developments can not proceed without construction of additionall trunk sanitary sewer and storm sewer improvements. These improvements would include construction of a lift station and a crossing of the Crow River near the Wastewater plant, and construction of 27- 36" diameter sanitary sewer lines from the lift station to TH 15 in 1999. The project would also include trunk storm sewer construction from the Crow River to the east side of Jefferson Street in 1999. In 2000 21- 24" diameter sanitary sewer would be construction from TH 15 to Dale Street. Please note that easement acquistion, annexation and/or substantial development planning will be requiredwith this project. Rust will have a proposal for the Council meeting to develop a Feasibility Report for these projects, based on discussions with us. Due to expansion of service needs in this area, we recommend approving Proposal for consulting services. cc: Cal Rice file: Comprehensive Sanitary Sewer. —h-7 Pnntod on recycled puper- ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP • DAVID B ARNOLD' STEVEN A. ANDERSON G BARRY ANDERSON` LAURA K. FRETLAND PAUL D DOVE" JANE VAN VALKENBURG RICHARD G MCGEE CATHRYN D REHER WALTER P MICHELS, III JAMES UTLEY ALSO ADMITTED IN TEXAS AND NEW YORK Mr. Gary D. Plotz Hutchinson City Administrator 111 Hassen Street S.E. Hutchinson, MN 55350 (612) 389 -2214 FAX (612) 389 5506 METRO LINE (612) 545 -6018 RESIDENT ATTORNEY STEVEN A ANDERSON May 6, 1998 Re: City of Hutchinson / Customer Service Issues (Triax Cablevision) Dear Gary: 1AY R 1998 CM; �)F flu C::.iVSpN OF COUNSEL ARTHUR L. DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55416 (612) 545-9000 FAX (612) 545 -1793 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 (320) 587 -7575 FAX (3201 5874096 I'm enclosing herewith for your information a copy of correspondence from Robert J.V. Vose dated April 24, 1998 and the Customer Service Obligations and Standards which I asked Bernick's Office to • prepare. I would ask that you place discussion of this matter on the City Council Agenda at our first regularly scheduled meeting in May. As you know, the deadline for completion of the fiber backed system has now expired and Triax is in apparent violation of the requirements of the franchise. This should also be an Agenda item for discussion at the first meeting in May. I think we should treat the Customer Service Standards in so far as the first meeting in May is concerned, as a first reading of the Ordinance because the only changes will be matters of form relative to putting it in our standard format. I will see that task is completed prior to the second meeting in May when the Customer Service Standards will be formerly adopted. Enclosed is a copy of my correspondence to Attorney Jane Bremer which is self - explanatory. Should you have any questions regarding any of these matters, please do not hesitate to contact me. Thank you. Best regards. Very truly yours, ARNOLD, ANDERSON & DOVE P.L.L.P. BCZ�ti h7�� G. Barry Anderr Attorney at La ` • GBA:In / Enclosures ATTORNEYS AT LAW 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 -2005 - CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION I f �� 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ARNOLD. ANDERSON & DOVE PFD�FS_'On <l LIMITED LIABIIITV Ig NINCRSIIIP ATTORNEYS AT LAW Ms. Jane Bremer Larkin, Hoffman Law Firm 7900 Xerxes Avenue South Suite 1500 Bloomington, MN 55431-1194 0 III-793 W091,T:TiI OF COUNSEL ARTHUR DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS MINNESOTA 55416 ,612, 545 -9000 FAX 16121 5451793 101 PARK PLACE HUTCHINSON MINNESOTA 55350 13201 587.7575 FAX 13201587 -4096 Sent via Facsimile & U.S. A1ail (611) 896 -3179 Triax (Hutchinson) It is my understanding that Triax has failed to complete the rebuild required under the Franchise • Agreement with the City in a timely manner and has not complied with the deadlines provided in the Franchise Agreement. Unfortunately, the City Council was busy with other matters on April 28 and was unable to get to this particular item. I expected to be on the City Council Agenda for the City Council's next regularly scheduled meeting which will be the second Tuesday in May. The above is for your information. I continue to receive complaints about billing errors, inability of your client's personnel to answer the telephone, non - responsive answers to questions and the like. At least one council member has related to me that he, personally, had the experience of attempting to contact Triax and after an extended period on hold and another occasion with no answer, he simply gave up. I also continue to receive complaints from residents about appropriate credits on their bill. As a result of these problems, as you know, the City has moved in the direction of adopting Customer Service Standards and I believe Bernick and Lifson, P.A., were going to be in touch with you on that issue. If you have any questions regarding any of these matters, please do not hesitate to contact me. Thank you. Best regards. Very truly yours, ARNOLD, ANDERSON & DOVE P.L.L.P. c'y �� -Etc CC1.2ct.1�� G. Barry Ander n • Attorney at Law GBA:ln - CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 501 SOUTH FOURTH STREET DAVID ARNOLD PRINCETON MINNESOTA 55371-2005 STEVEN A ANDERSON G BARRY ANOERSI,N' 16121 389 -2214 LAURA K FRETLAND FAX 1612 3895506 PAUL D DOVE" METRO LINE 1612 545 6018 JANE VAN VALKENBURG RICHARD G MCGEE RESIDENT ATTORNEY CATHRYN D REHER WALTER P MICHELS. III STEVEN A ANDERSON JAMES UTLEY Respond to the Hutchinson Office ALSO ADMITTEO IN TEXAS nnO NEA'OPK May 6, 1998 Ms. Jane Bremer Larkin, Hoffman Law Firm 7900 Xerxes Avenue South Suite 1500 Bloomington, MN 55431-1194 0 III-793 W091,T:TiI OF COUNSEL ARTHUR DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS MINNESOTA 55416 ,612, 545 -9000 FAX 16121 5451793 101 PARK PLACE HUTCHINSON MINNESOTA 55350 13201 587.7575 FAX 13201587 -4096 Sent via Facsimile & U.S. A1ail (611) 896 -3179 Triax (Hutchinson) It is my understanding that Triax has failed to complete the rebuild required under the Franchise • Agreement with the City in a timely manner and has not complied with the deadlines provided in the Franchise Agreement. Unfortunately, the City Council was busy with other matters on April 28 and was unable to get to this particular item. I expected to be on the City Council Agenda for the City Council's next regularly scheduled meeting which will be the second Tuesday in May. The above is for your information. I continue to receive complaints about billing errors, inability of your client's personnel to answer the telephone, non - responsive answers to questions and the like. At least one council member has related to me that he, personally, had the experience of attempting to contact Triax and after an extended period on hold and another occasion with no answer, he simply gave up. I also continue to receive complaints from residents about appropriate credits on their bill. As a result of these problems, as you know, the City has moved in the direction of adopting Customer Service Standards and I believe Bernick and Lifson, P.A., were going to be in touch with you on that issue. If you have any questions regarding any of these matters, please do not hesitate to contact me. Thank you. Best regards. Very truly yours, ARNOLD, ANDERSON & DOVE P.L.L.P. c'y �� -Etc CC1.2ct.1�� G. Barry Ander n • Attorney at Law GBA:ln - CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION I ' LJ • ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP DAVID B, ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' LAURA K- FRETLAND PAUL D -DOVE JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS. III JAMES UTLEY ATTORNEYS AT LAW l01 PARK PLACE HUTCHINSON. MINNESOTA 55350 -2563 'ALSO ADMITTED IN TEXAS AND NEW YORK Mr. Gary D. Plotz Hutchinson City Center 111 Hassan Street SE Hutchinson, Mn. 55350 Re: Cable Issues Our File No. 3244 -92054 Dear Gary: (320) 5877575 FAX (320) 567 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON May 5, 1998 ,MAY h 1998 CITI JF HUTCHINSON OF COUNSEL ARTHUR L. DOTEN Seal CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX 16121 5451793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (61 2) 359 -221 4 FAX 161 21 389 -5505 Enclosed please find a copy of the 'official" facsimile transmission from Attorney Vose giving notice to our office and to opposing counsel that the City will be considering customer service standards at Its first regularly scheduled meeting May. Please make certain this is on the agenda and include this correspondence and a copy of the proposed standards and the letter from Mr. Vose. I do want to bring to the Council's attention that I have heard nothing from Larkin, Hoffman regarding the status of the rebuild efforts which, according to Council, were to have been completed no later than April 28, 1998. I assume we will hear something by the first meeting in May. Thank you. Best regards. Very truly yours, & DOVE, PLLP G. BhAj GBA:jm enc. • 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 04 -30 -1996 10:16 , I 1 u NEAL J. SHAPERO SAUL A. BERNICK' TYOMAY O. CREIOMTON SGOTT A. LIPSON OAVIO K, NIGHTINGALE* PAUL J. QUAST' ROBERT J. V. VOSE WILLIAM B. POREEE.01 7 facsimile to 320 -587 -40% and U.S. Mail Mr. G. Barry Anderson, Esq. Arnold, Anderson & Dove 101 Park Place Hutchinson, MN 55350 -2563 April 30, 1998 Re: City of Hutchinson; Customer Service issues �� ?AI-AO A514 T 13 IN WI%CCN$ -A CEIITIPi EG PUBLIC ACCOUNTANT 'ALyp AGMIHED IN FWRIW LEGAL ASSISTANT MATHRYN c. MASTERMwN Dear Barry: Enclosed please find draft customer service standards as requested by the City. The City may adopt and enforce these customer service standards with respect to Triax, Pursuant to Section 76.309(x) of the FCC's rules, the City most provide Triax with ninety (90) days written notice of Its intent to enforce the following standards. 47 C.F.R. § 76.309(a). Further, to the extent any of the following rules exceed or are different from the FCC's customer • service standards, the City must enact and enforce them as a consumer protection ordinance. 47 C.F.R. § 76.309(b)(3). Although Triax is specifically authorized pursuant to the FCC's rules to agree to enforcement l of the standards contained herein, we expect that such agreement will not be forthcoming. Accordingly, recommend that the standards be enacted as a City Ordinance. We recommend that this be a separate ordinance and not an express amendment to the Franchise (Ord. 95 -131). The customer service standards ordinance should, however, supersede the Franchise to the extent inconsistent. We leave the mechanics of such Ordinates enactment to local counsel's discretion and are prepared to provide any assistance requested in this regard. By copy of this Memorandum I request that Ms. Bremer provide me with any comments or questions on behalf of Trim Triax will, of course, have further opportunity to participate and comment publicly as these standards proceed through the ordinance adoption process. Please do not hesitate to contact me with any questions. Yours truly, BERNICK AND LIFSON, P.A. f&vt�1�V?I-e� Robert J. V. Vose • Enclosure cc: Ms. Jane E. Bremer, Attorney at Law (wfene.) Mr. Thomas D. Creighton, Attorney at Law (w lent.) CACAELE\1iUTLHINMCU3T- 3HX.L01 t 6125461003 BERNICK & LIF50N BERNICK AND LIFSON A PBOFlkS111110MAL ASSOCIATION ATTORNEYa AT LAW SUITE ISOO, THE OOLONNAOE 5900 WAYZATA ■OUL[ ^RO MINNSAPOLIO. MINNCEOTA mfAla -12VO TELEPHONE (Silk) 600 -1000 r.4.E IMILO ISO' uB -loef 04 -30 -1998 10:17 • • I. Dd bdtions 6125461003 BERNICK & LIFSON P.02 A. ' Normal business hours - The term "normal business hours" means those hours during which most businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and some weekend hours. B. " Nonnal opcwing cond -itions ' - The term "normal operating conditions" means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are within the control of the cable operator include, but are not limited to, special promotions, pay -per -view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. C. " Ser v ice 'n P uion - The term "service intemtption" means any loss of picture or sound an one or more cable channels for longer than a momentary period. II- Cable system office hours, telephone availability, and general customer responsiveness A. Telephone A3Lq1jability - The cable operator will maintain a local, toll -free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. The cable operator will ensure that: (1)Trained company representatives are available to respond to customer telephone inquiries during normal business hours, and; (2) after normal business hours, the access line will be answered by a service or an automated response system such as an answering machine or voice mail. Further, inquiries received after normal business hours must be responded to by a trained company representative on the next business day. B. Telephone Answer Time - Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. C. Rosy SSienalc - Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time. D. Local Office - Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located at a location in the City. E. Comp] e ance - In the event subscriber complaints received by the City, or reported to • the City by the cable operator as required herein, demonstrate a clear failure to comply with these customer responsiveness requirements in City's sole discretion, the operator may be required to r C -�. e4 -30 -1998 10:17 6125461003 BERNICK 8 LIF80N P.03 . perform quarterly surveys of customers to measure compliance with these requirements. The cable operator shall be required to survey a statistically significant number of subscribers and make inquiries regarding compliance with these requirements. The nature and substance of the inquiries shall be reviewed and approved by City prior to conducting each survey. The results of such surveys shall be provided to City via a written and certified report within 5 days after conduct of such survey. F. Burden of Proof In the event of a dispute between the City and the cable operator regarding compliance with these requirements, the cable operator shall have the burden for demonstrating compliance. III. Installations, outages and service calla A. InarallrLtion_ Outage e and Service Calls - Under normal operating conditions, each of the following four standards will be met no Ices then tunety five (95) percent of the time measured on a quarterly basis: (1) standard installations will bo performed within seven ( business days after an order has been placed; (2) Excluding conditions beyond the control of the operator, the cable operator will begin working on service interruptions promptly and in no event later than 24 hours after the interruption becomes known. The cable operator must begin actions to correct other service problems the next business day after notification of the service problem; (3) The "appointment window" alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four -hour time block during normal business hours. However, the • operator may schedule service calls and other installation activities outside of normal business hours but only at the request of and for the express convenience of the customer; (4) An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment; (5) If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the operator will contact the customer via telephone at the appointed location and at the appointed time. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. B. C liar - In the event subscriber complaints received by the City, or reported to the City by the cable operator as required herein, demonstrate a clear failure to comply with these customer service, installation and outage responsiveness requiremonU in City's sole discretion, the operator may be required to perform quarterly surveys of customers to measure compliance with these requirements. The cable operator shall be required to survey a statistically significant number of subscribers and make inquiries regarding compliance with these requirements. The nature and substance of the inquiries shall be reviewed and approved by City prior to conducting each survey, The results of such surveys shall be provided to City via a written and certified report within 5 days after conduct of such survey. C. Burden of Proof - In the event of a dispute between the City and the cable operator regarding compliance with these requirements, the cable operator shall have the burden for demonstrating compliance. 0 04 -30 -1998 10:16 6125481003 BERNICK B LIFSON P.04 . M Communications between cable operator and cable subscribers A. Notifications to subscribers - The cable operator shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request: (1) A list of the products and services offered; (2) A list of the prices and options for pro gramming services; (3) A complete copy of the terms and conditions regarding subscription to pro gramming and other services, and regarding service disconnection, bill payment obligations including any administrative or late charges which may accrue, and all other material conditions defining the agreement between the operator and subscribers; (4) A complete copy of installation and service maintenance policies; (5) Instructions on how to use the cable service; (6) A list of the channel positions for programming carried on the system; and, (n A detailed statement regarding billing and complaint procedures, including the address and telephone number of the cable operator W the City Administrator. Customers must be notified of any changes in rates, programming services, channel positions, or any signifi changes in the information required to be provided in the paragraph above as soon as possible in writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the cable operator. Notwithstanding, a cable operator shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, franchise fee, or any other fee, tax, assessment, or charge of any kind imposed by any Federal agency, State, or franchising authority on the transaction between the • operator and the subscriber. B, frilling - Bills must be clew, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within 30 days. C. Reftinds - Refund checks will be issued promptly, but no later than either: (1) The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or; (2) The return of the equipment supplied by the cable operator if service is terminated. D. QMdita - Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. V. Late Fees Fees for the late payment of bills shall not accrue until fifteen (15) days after the service has been fully provided and the bill remains unpaid (typically 45 days after initial billing). Such fees shall not exceed the cable operator's actual and demonstrable costs associated with collection of late payments in the City, excluding attempts to recover bad debt and any related legal actions. The City may require the cable operator to annually demonstrate its actual costs related to late payments and 40 may require modification of the late fee charge in order to ensure compliance with this requirement. 04 -30 -1998 10:19 6125461003 BBRNICK 8 LIF50N P.05 • VI. Complaints The cable operator shall prepare and maintain complete written records of all complaints received and the resolution of such complaints, including the date of resolution of such complaints. Such written records shall be on file at the office of the cable operator. The cable operator shall provide the City with a written summary of all complaints received and their resolution on a quarterly basis. City may direct the form and the substance of such quarterly reports. VI. Violations Any violation of these r'equir'ements shall constitute a violation of the City's Cable Franchise Ordinance, Ord. 95 -131, and shall subject the cable operator to all remedies, penalties, and sanctions provided for therein. • 0 INTER OFFICE MEMO Date: May 12, 1998 To: Mayor & City Council From: Marilyn J. Swanson, Administrative Secretary Following a conversation with the City Attorney regarding Bonkers Discount Cigarettes store, I sent the attached letter to inform them they needed to apply for a City tobacco license. To date, I have not been contacted by this new business regarding a license from the City. I am requesting that the City Council take whatever legal action the City Attorney recommends regarding this matter. At the present Bonkers is operating in non - compliance with the City ordinance. Attachment cc: G. Barry Anderson, City Attorney (Copy FAXed 5/12/98) q A, C May 6, 1998 Bonkers Attn: Manager 1115 Hwy. 7 West Hutchinson, MN 55350 Dear Sir: Hutchinson City Center Ill Hassan Street SE Hutchimom MN 55350.2522 • 320-587-5151/Fax 3242344240 In the April 26, 1998 edition of the Hutchinson Shopper, I noticed the advertisement of Bonkers grand opening. Since your store specializes in the sale of tobacco products, the purpose of this letter is to inform you that the City of Hutchinson has an ordinance that requires anyone selling tobacco products within the municipality to obtain a City license. Enclosed is a copy of the City's recently amended tobacco ordinance. Also enclosed is an application form. The annual license fee is currently $50.00; however, the fee will increase to $150.00 • effective January 1, 1999. The consequence of Bonkers' failure to apply for and obtain a City tobacco license immediately will result in appropriate legal penalties. If you have any questions, please feel free to contact me by phone at City Center (234 - 4202). Sincerely, CITY OF HUTCH °yam Marilyn J. Swanson Administrative Secretary cc: G. Barry Anderson, City Attorney Gary D. Plotz, City Administrator Mayor & City Council Enc. 0 q— / r Nim.d. rcyd d p p r - L7 -HOLD COUNCIL REPORT 12- MAY- 1998page I - 1980 TIDS -' _ ARNOLD & MCDOWELL --------------------------------------- SERVICES THRU 4 /21- SOLITPA $750.00 < *> $750.00* IMPROV. BDS FIRSTAR BANK OF MINNESOTA INTEREST PAYMENT $155,250.00 < > $155,250.00* 1997 IMPR. COAST WM MUELLER & SONS L7/97 EST #3 $61,213.25 < > $61,213.25* CENTRAL GARAGE ASPEN EQUIPMENT CO SHARPEN BLADES, BOLT, NUT $112.62 BRANDON TIRE CO TIRES, MOUNT /DISMNT, STEMS $179.79 CARQUEST AUTO PARTS BELTS, FILTERS $508.40 CITY OF HUTCHINSON MAY MEDICAL $432.09 COAST TO COAST BROOM HOLDER $49.92 CROW RIVER AUTO LABOR, PARTS $126.34 CROW RIVER GLASS SIDELITE $205.88 FORTIS BENEFITS MAY LTD $21.19 G & K SERVICES _ TOWELS $112.05 GENERAL OFFICE PRODUCTS CO INDEX CARDS $1.04 HUTCHINSON LEADER VEHICLE REPORTS $379.85 HUTCHINSON WHOLESALE HOSE, ADAPT $284.35 INTERSTATE BATTERIES SALES TAX INV #128430 $60.97 MN MUTUAL LIFE MAY LIFE $7.14 PLOWMANS REPLACE WATERPUMP $100.00 RUNNING'S SUPPLY CALC $13.82 SNAP ON TOOLS CORP WRENCH, PLIERS, SOCKETS 886.62 TOWN & COUNTRY TIRE LABOR $155.21 US POSTAL SERVICE APRIL POSTAGE 514.08 WELDING SYSTEMS INC ALLOY ELTRD $109.31 < > $2,960.67* GENERAL FUND A -1 BIKE SHOP BIKE PURCHASE $148.04 AAGARD WEST MAY SERVICE $1,633.91 ADCETERA NEWSLETTER DESIGN & LAYOUT $550.00 AM.WELDING SUPPLIES WELDING SUPPLIES $14.86 AMCON BLOCK HOLNAM PORTLAND CEMENT $14.36 • ARNOLD & MCDOWELL APRIL COMPENSATION $7,066.00 BAUERLY BROS INC. EXTERIOR SLAB, REROD $496.20 BEACON BALLFIELDS TURFACE MVP 50# $560.37 BENNETT OFFICE SUP. SERVICE CONTRACT $166.92 BRINKMAN STUDIO SLIDE FILM $16.93 BRYAN ROCK PRODUCTS RED BALL DIAMOND AGG $3,963.13 CARQUEST AUTO PARTS TRAILER CONN $14.55 CARR FLOWERS PLANT -BILL MATTSFIELD $61.67 CDT OFFICE PRODUCTS LTD CARTRIDGE $939.40 CENTRAL GARAGE APRIL REPAIRS $16,140.33 CHAMPION AUTO ADAPTOR, WIRE HARNESS $23.42 CHAMPLAIN PLANNING PRESS RENEWAL $176.00 CITY OF HUTCHINSON WEST RIVER CAMP FEES $42,938.06 CLAREYS SAFETY EQUIP SAFETY DEVICE KIT $80.50 COAST TO COAST FLAG, PARTS $703.47 CROW RIVER PRESS INC NEWSLETTER PRINTING $1,686.80 CZMOWSKI, CHAD BIKE BONANZA $26.25 DAAK REFRIGERATION REPAIR POPCORN MACHINE $165.09 DEPT NATURAL RESOURCES DNR FEES TO STATE $1,850.00 DICKE, DEEANN REFUND -CLASS CANCELLED $8.00 ECOLAB PEST ELIM APRIL SERVICE $22.37 ERICSSON, TOBIAS YOUTH SOCCER COACH $91.50 EVESLAGE, JOE BIKE BONANZA $26.25 FORTIS BENEFITS MAY LTD $1,662.09 G & K SERVICES UNIFORMS $773.46 GENERAL OFFICE PRODUCTS MARKERS $106.56 GOVT TRAINING SEA REGISTRATION -LARRY HUHN $421.00 GROUNDS MAINTENANCE SERVICES GROUND MAINT WORKSHOP $70.00 HAGER JEWELRY REPAIR BADGE $4.00 HANSKA BUSINESS ASSOCIATION SR TOUR $260.00 HCVN-TV CABLE FRANCHISE PYMT $4,593.72 HEALTH SERVICES OF NORTH AMERI TESTING THRU 3/31/98 $460.24 HEMMAH, KATHY REIMB -VEGE SEEDS $7.46 HIGGINBOTHAM, RUTH BULDING ATTENDANT $50.00 HILLYARD FLOOR CARE /HUTCHINSON MOP, TISSUE, PLUNGER $1,198.61 HOME BAKERY INC ROLLS $9.60 r 1 LJ X9 / , OPEN -HOLD COUNCIL REPORT 12- MAY- 199Bpage 2 - --' - --------------------------- - - -- GENERAL FUND HR DIRECT ' LAW POSTERS -_----_-------- $8.95 - - -- HUTCH COOP CENEX TURF GRASS $99.50 HUTCH FIRE & SAFETY EXTING RECHARGE, HYDRO TEST $66.43 HUTCH PLBG & HTG CO LABOR, PARTS- REPAIR LEAK $120.68 • HUTCH SPORT SHOP SHOE PURCHASE $265.72 HUTCHINSON AREA HEALTH CARE VACCINATIONS $60.00 HUTCHINSON JAYCEES 1996 WATER CARNIVAL DONATION $2,000.00 HUTCHINSON LEADER ADV $2,437.21 HUTCHINSON TEL CO MAY SERVICE $5,475.96 HUTCHINSON UTILITIES 150 W BULBS $5,048.41 HUTCHINSON WHOLESALE POWER OU $162.73 IN THE SWIM PH /ORP SENSOR $107.90 JERABEK MACHINE SERV SQ TUBE $54.31 KLOSS, TOM REIMB -MEALS $35.81 KRUEGER, BONNIE REFUND TREE APPLICATION $15.00 KRUSE, DELORNA SR TOUR REFUND $30.00 L & P SUPPLY CO ROPE, LABOR $101.25 LAP-AWAY ROOFING INC LANDSCAPING SUPPLIES $233.24 LASER GRAPHICS MAGNET $665.72 LEAGUE OF MN CITIES CLAIM PAID -KYLE JOHNSON $4,599.06 LENNES, RICHARD APRIL COMPENSATION $2,527.83 LEVY, NORITA REIMB GERANIUMS $48.00 MADSON, STEVEN REIMB- MEALS, LODGING, PARK $486.02 MANKATO MOBILE RADIO VISAR $87.01 MARKA, JAMES REIMB- MEALS $20.11 MCGARVEY COFFEE INC COFFEE $35.63 MCLEOD COUNTY TREASURER 1ST HALF TAXES $1,592.66 MDRA STATE HWY MAPS $80.00 MESSNER, KEITH REIMB -STEEL TOE BOOTS $60.00 MID -MN HOT MIX INC A WEAR $238.91 MINNCOMM PAGING MAY SERVICE $32.27 MINNEAPOLIS CARDIOLOGY ASSOC CONSULT LEVEL 3 $93.02 MINNESOTA COUNSELING CENTER PSYCH EVALUATION $225.00 MN ELEVATOR INC. APRIL ELEVATOR SERVICE $71.02 MN MUTUAL LIFE MAY COBRA- LIFE -BENTZ $554.62 MORE 4 DINNER $324.49 MR. MOVIES VIDEO RENTAL $5.98 MURPHY, VALERIE REFUND -CLASS CANCELLED $10.00 NICKLASSON ATHLETIC CO VOLLEYBALL NETS, PITCH RUBBER $451.64 NO STATES SUPPLY INC CABLE TIES $223.11 NORA WOMEN'S SOCIETY DINNER FOR 29 PEOPLE $217.50 NORTH STAR TURF TURF MIXTURE $3,422.38 • OLSON, JOHN REIMB - BUILDING MATERIALS $796.52 ON CUE GIFT CERTIFICATE $100.00 OTTO, LYLA REFUND- CANCEL FROM DRIVING $41.00 PEARCE, JESSICA BIKE BONANZA $15.75 PLOTZ, GARY D. REIMB -MEALS $51.68 POPP ELECTRICAL INC BALLAST, LABOR $299.51 PRIEVE LANDSCAPING REMAINING BALANCE $2,078.00 QUADE ELECTRIC ADDITIONAL PAYMENT $39.61 R & T SPECIALTY INTERNET T'S $319.14 RIDER BENNETT EGAN & ARUNDEL PROFESS SERV -THRU MARCH $58.00 RIEBE SOD CO 8 ROLLS SOD $23.43 RONALD JOHNSON CONSULTANT 1998 UPDATES, SUPPORT, MAINT $500.00 ROTO ROOTER CLEAN LINE $85.00 RUNNING'S SUPPLY TAPE, ETC. $448.69 SANKEN, JOHN REFUND AIRPORT FUEL DEPOSIT $25.00 SHOUTZ, DORIE BIKE BONANZA CONCESSIONS $25.50 SHRED -IT SHREDDING SERVICES $49.95 SR.CENTER ADVISORY BD REIMB POSTAGE $160.00 STANDARD PRINTING DIVIDERS $1.47 STAR TRIBUNE PAPER THRU 8/26/98 $26.00 TELEVISION EQUIPMENT HEADSET $2,605.00 TEMPLETON INC ER CONTRIB FEB -APRIL $879.20 TEPLY, TODD MIDDLE SCHOOL DANCE $400.00 TRI CO WATER COND SALT DELIVERY $69.33 TRY -CYCLE REIMB- CONDITIONAL USE PERMIT $150.00 TWO WAY COMM INC NIMIT 650 $74.55 UNITED BLDG CENTERS RETURN TREATED PLYWOOD $54.72 US POSTAL SERVICE APRIL POSTAGE $1,159.92 US WEST COMMON MAY SERVICE $654.70 VIKING OFFICE PRODUCTS LABELS $45.86 W.D. COOLING CLINIC RADIATOR, LABOR $248.90 WAL -MART INST FILM $188.61 WM MUELLER & SONS BLACKTOP $207.98 XEROX CARTRIDGE $479.75 • ,OPEN -HOLD COUNCIL REPORT 12- MAY- 1998page 3 GENERAL FUND YORK INTERNATIONAL CORP HOURS, MILEAGE $656.00 < *' $134,615.17* O ITAL BONDS FIRSTAR BANK OF MINNESOTA PAYING AGENT FEES $272.00 < *' $272.00* OUSING REDEV PLAMANN &, STEVE BUILDING MATERIALS $600.00 <*' $600.00* 3UTCH COMM DEV.0 CITY OF HUTCHINSON MAY MEDICAL $432.09 FORTIS BENEFITS MAY LTD $17.38 GENERAL OFFICE PRODUCTS AVE92264 $3.50 HUTCHINSON TEL CO INTERNET 20 $274.92 MN MUTUAL LIFE MAY LIFE $5.25 MORE 4 OPERATING SUPPLIES $20.28 SHOPKO MINTS, CARDS $19.91 US POSTAL SERVICE APRIL POSTAGE _ $192.69 < *' $966.02* HUTCH TRANS FAC. CITY OF HUTCHINSON APRIL WATER SERVICE $230.94 COAST TO COAST CLEANING SUPPLIES $27.81 DM2 SOFTWARE SERVICE $30.00 G & K SERVICES MATS, MOPS $297.90 HUTCH COOP CENEX UNLEADED GAS $6,837.79 HUTCHINSON TEL CO MAY SERVICE $319.33 HUTCHINSON UTILITIES APRIL GAS & ELEC $2,211.00 HUTCHINSON WHOLESALE HOSE, FUEL LINE $13.75 MCGARVEY COFFEE INC COFFEE $35.63 MCLEOD COUNTY TREASURER 1ST HALF TAXES $6,940.45 US POSTAL SERVICE APRIL POSTAGE $1.28 WITTE SANITATION APRIL SERVICE $58.21 < *' $17,004.09* LIQUOR STORE AAGARD WEST MAY SERVICES $46.80 • AMERIPRIDE LINEN & APPAREL BERNICKS PEPSI COLA APRIL DELIVERIES APRIL BEER PURCHASE $142.49 $583.15 CDI OFFICE PRODUCTS LTD APRIL PURCHASES $156.24 CITY OF HUTCHINSON LOTTERY PAYMENT $1,487.47 COAST TO COAST SEALANT $6.38 ED PHILLIPS & SONS CO. APRIL WINE PURCHASE $2,937.73 EL QUEENO CIGAR CO MAY MISC PURCHASE $55.35 FORTIS BENEFITS MAY LTD $58.07 GRIGGS & COOPER TOBACCO DIV APRIL MISC PURCHASE $224.27 GRIGGS COOPER & CO APRIL LIQUOR PURCHASE $2,556.61 HENRYS FOODS INC APRIL PURCHASES $1,886.73 HERMEL WHOLESALE APRIL PURCHASES $569.65 HUTCHINSON LEADER APRIL ADS $172.21 HUTCHINSON TEL CO MAY ADV $133.52 HUTCHINSON UTILITIES APRIL GAS & ELEC $827.89 JOHNSON BROTHERS LIQUOR CO. APRIL WINE PURCHASE $8,972.95 JORDON BEVERAGE INC. APRIL BEER PURCHASE $186.90 LENNEMAN BEVERAGE DIST. INC APRIL BEER PURCHASE $2,188.70 LOCHER BROS INC APRIL BEER PURCHASE $13,794.32 LUNDHOLM, LORI CLEAN WINDOWS $42.60 MN MUTUAL LIFE MAY LIFE $18.06 MORE 4 FOOD, PICTURES $101.03 PEART & ASSOCIATES CAMERA, INSTALL $843.79 QUALITY WINE & SPIRITS CO. APRIL LIQUOR CREDIT $2,528.48 ST. CLOUD RESTAURANT SUPPLY APRIL SUPPLIES $287.62 TOTAL REGISTER INC SOFTWARE UPDATE $105.97 TRI CO WATER COND BOTTLED WATER $42.18 TRIPLE G DISTRIBUTING INC APRIL BEER PURCHASE $18,471.35 US POSTAL SERVICE APRIL POSTAGE $64.64 VIKING COCA COLA APRIL POP PURCHASES $484.10 WINE COMPANY, THE APRIL WINE PURCHASE $522.65 *' $60,499.90* PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. EE CONTRIB 5/2 $575.00 AMERICAN FAMILY INS CO. EE CONTRIB 5/2 $27.88 GREAT WEST LIFE INS. CO. EE CONTRIB 5/2 $100.00 r OPEN -HOLD COUNCIL REPORT PAYROLL FUND c *> H.R.L.A.P.R. EE CONTRIB 5/2 ICMA RETIREMENT TRUST BE CONTRIB 5/2 PERA LIFE INS CO. EE CONTRIB 5/2 PERA- D.C.P. EE CONTRIS 5/2 PRUDENTIAL EE CONTRIB 5/2 PRUDENTIAL MUTUAL FUNDS EE CONTRIB 5/2 PUBLIC EMPLOYEES EE CONTRIB 5/2 TEMPLETON INC EE CONTRIB 5/2 WADELL & REED EE CONTRIB 5/2 12- MAY- 1998page 4 $170.08 $3,496.17 $124 $52 $180 $30 $16,878 $480 $150 $22,263 42 • 02 00 00 19 20 00 96* RURAL F. D. CITY OF HUTCHINSON APRIL FUEL $122.90 < *> $122.90* SCDP 97 Hsg Reh ASBESTOS ABATEMENT SPECIALISTS SIDING REMOVAL $1,700.00 CUMMINGHAMS PAINTING PAINTING $835.00 HOLMQUIST LUMBER WINDOWS & CHIMNEY $3,178.54 HOLTZ CONSTRUCTION WINDOWS & SIDING _ $7,005.00 ROD PORTELE ELECTRIC ELECTRICAL WORK $3,721.70 RUTZ PLBG & HTG PLUMBING WORK $3,525.95 < *> $19,966.19* WATER /SEWER FUND AAGARD WEST APRIL PICKUP SERVICE $29,466.07 BERG - JOHNSON ASSOC PH SENSOR $302.34 BUSINESSWARE SOLUTIONS LABOR CHARGE $35.00 CDI OFFICE PRODUCTS LTD CLIPBOARD $467.82 CENTRAL GARAGE APRIL REPAIRS $1,332.94 CITY OF HUTCHINSON APRIL FUEL $5,267.20 COAST TO COAST UPS $171.00 CULLIGAN WATER COND UNIT RENTAL $14.00 DEVRIES, RANDY REIMB -2 AIRLINE TICKETS $332.00 FARMERS ELEVATOR ASSN WEIGHING $30.00 FORTIS BENEFITS MAY LTD $228.34 G & K SERVICES UNIFORMS $465.82 HUTCH COOP CENEX LP GAS $7.20 HUTCHINSON LEADER HW & DEMO $1,639.19 HUTCHINSON TEL CO MAY SERVICE $930.38 HUTCHINSON UTILITIES APRIL GAS & ELEC $21,507.26 HUTCHINSON WHOLESALE BRAKE FLUID, BELTS $42.93 IMPERIAL PORTA THRONES APRIL UNIT RENTAL $52.72 INFRATECH LID EXTRACTOR $371.49 JEFF'S ELECTRIC MATERIALS, LABOR $86.15 JOHNSON CONTROLS INC COUPLERS $238.72 LEAGUE OF MN CITIES REGISTRATION $250.00 METTLER TOLEDO INC LABOR ELEC TOPLOADER $232.00 MINNEAPOLIS CARDIOLOGY ASSOC CONSULT LEVEL 3 $93.03 MN MUTUAL LIFE MAY LIFE $74.97 MN VALLEY TESTING LAB WATER TESTS $222.00 NCL LAB SUPPLIES $9.59 PIZZA HUT PIZZAS $35.99 RUNNING'S SUPPLY RUBBER BOOTS $78.26 SAFETY FIRST SAFETY TRAINING #5 $300.00 SCHRAMM IMPLEMENT TOOTH, BOLT $1,409.13 SERV -O -CAL RECIRDER CHARTS $247.00 STAR TRIBUNE SUN -SAT ADS $278.25 STRUCTURAL SPECIALTIES L6/98 EST #1 $44,662.92 TOSHIBA ELECTRONIC IMAGING FAX MACHINE, INSTALL $948.30 TRI CO WATER COND SALT $16.29 US FILTER /WATERPRO TOUCH PAD $588.58 US POSTAL SERVICE APRIL POSTAGE $1,165.39 USA WASTE SERVICES INC LOADS 4/20 THRU 4/30 $11,020.29 WAL -MART SHELF LINERS $6.29 WATER ENVIRONMENT FED MEMBERSHIP RENEWAL $82.00 < *> $124,708.85* $601,193.00* 0 IMMEDIATE PAY COUNCIL REPORT ENERGY LOAN FD BETKER, MARK CH COMM DEV.0 ARNOLD & MCDOWELL MCLEOD COUNTY TITLE 12- MAY- 199Bpage 1 ----------------------------------------- REIMB APRIL LOAN PYMT $373.03 O RAL FUND CITY OF WHITE BEAR LAKE 3 REGISTRATIONS FOR SEMINAR DEPT NATURAL RESOURCES GOV FINANCE OFFICERS ASSC $1,695.00 HANSKA BUSINESS ASSOCIATION CAFR APPLICATION 1997 REPORT MCLEOD COUNTY RECORDER MCLEOD COUNTY TREASURER $440.00 PRIEVE LANDSCAPING ADDITIONAL CHARGES $15.00 HOUSING REDEV MACKEDANZ, SUE $239.00 CH COMM DEV.0 ARNOLD & MCDOWELL MCLEOD COUNTY TITLE 12- MAY- 199Bpage 1 ----------------------------------------- REIMB APRIL LOAN PYMT $373.03 $373.03* 3 REGISTRATIONS FOR SEMINAR $675.00 DNR REG FEES $1,695.00 CAFR APPLICATION 1997 REPORT $480.00 SR. TOUR $440.00 ADDITIONAL CHARGES $15.00 CONDITIONAL USE PERMIT $239.00 ADVANCE ON TREES $4,000.00 $7,544.00* REHAB LOAN PROGRAM $4,845.00 $4,845.00* SERVICES RENDERED - ALLIED PROP $212.50 LAND PURCHASE $57,775.01 _ $57,987.51* LIQUOR STORE CITY OF HUTCHINSON - GENERAL FUN PAYROLL 4 -10 -98 $15,520.49 SCDP 97 Hsg Reh GRASAVAGE, BILL WATER /SEWER FUND UW- EXTENSION WASTEEXPO '98 < *> WIRE TRANSFERS PAYROLL FUND Withholding Taxes MN Dept of Revenue $15,520.49* ADMINISTRATION & CONSULTING $121.58 $121.58* REG -DOUG JOHNSON $375.00 REG- G.PLOTZ $175.00 $550.00* $86,941.61* $33,481.91 6,671.85 r1 LJ I LJ 5 TO: Mayor and Council Hutchinson Fire Department 205 Third Avenue SE Hutchinson, .WIN 55350 -2673 320 - 587- 2506/Fax 320 - 234 -4469 FROM: Brad Emans, Fire Chief MONTHLY CITY COUNCIL UPDATE April, 1998 0 i s The fire department responded to 27 calls for service in March. Breakdown of the City calls: 6 - Commercial/Industrial 3 - Multi Family 1 - Vehicle 1 - Carbon Monoxide 1 - Goodwill 1 - Grass Breakdown of the Rural calls: 1 - Residential 6 - Rescue 3 - Grass 2 - Medical 1 - Haz Mat 1 - Vehicle Drills /Meetings for the month: ✓ SCBA Maintenance ✓ Department business meeting ✓ 3M Tour (North Building) ✓ General Firefighting: Pumper/Tanker operation /Ladder Truck Work/Rescue Tools ✓ Officer Meeting: Review of the 1" four months/ Planning for rest of the year Few of the more interesting calls: ✓ A lost four year old boy — April 9 ✓ Large CRP land fire — April 30 ✓ Haz Mat spill Easton Hwy 7—April 30 I.. KIFIREICCUPDATE. Printed on recycled pnpet- HUTCHINSON SAFETY COUNCIL The Hutchinson Safety Council met on Monday, March 30 at 12 noon in the Elk's Lodge. Members present were: June Wick, Dick I- rggins, Craig Johnson, Myron Johnson, Frank Murphy, Leslie Smith, Lucille Smith, Loretta Pishney, Dave Conrad and Vi Viesselman. Guests were Tom Kloss and John Olson. The meeting was conducted by President Dick Higgins. The minutes from the February meeting were approved. John Olson, the Assistant Public Works Director, gave a report on the side walk situation in Hutchinson at this time. CURRENT POLICIES: Residential lots less that 60 feet in width require sidewalks. City policy is that there be sidewalks on both sides of arterial streets and one side of collector streets. (Subject to funding) The City currently pays for sidewalk construction. PROPOSED POLICIES: The City will require high- density residential development to construct sidewalk on at least one side of the street. The city will require commercial development to provide pedestrian and bicycle assess. The city will require developers to fund sidewalks, and pedestrian and bicycle accesses. POLICIES FOR RETROFITTING: Voluntary extensions: Encourage property owners to link with existing pedestrianibike routes. Voluntary connections. Encourage property owners to provide for pass - through pedestrian and bicycle traffic linking with adjacent properties. John also discussed avenues of funding and the advent of bituminous surface for sidewalks. John will be representing the City Public Works department on the Safety Council. Lucille reported that Casey Stotts would like help with the fair booth and any member who had interest and could help should contact him. The date of the Bike/Blade Safety Day is May 2. Frank reported that Jerry Tews of the VFW had received materials for the event from Norm Bohn. Myron Johnson said that support services from the American Legion were also in place. Craig Johnson made a motion that the Council contribute $150 to the Bike/Blade Safety Program. This motion was passed. Craig Johnson, who has been appointed to the Minnesota Motorcycle Safety Advisory Board, reported on the Motorcycle Safety program that is being run through Community Education. Dave Conrad announced that the Hutchinson School Patrol has received and Outstanding Achievement Award from the Minnesota Safety Council. There being no further Business, the meeting was adjourned. The next meeting will be April 27, 1998 in the Elk's Lodge. 6 R J +1 3 . E la AY d 1998 . May 1, 1998 Triax Cablevision Regional Manager P.O. Box 110 Waseca, MN 56093 Gentlemen: CIT) . 1-w i u,H,NSON FOR YOUR INFORMATION! Early last evening I disconnected the cable service from my television, and connected to a new Direct TV Satellite Dish. You may or may not be interested in my reasons for doing this. It can be summed up in one word; Service. I relocated to Hutchinson in July, 1997. I rent a house at 281 3rd Ave. N.W. When I moved in I noticed that the house was wired for cable television service. When I contacted your sales office to subscribe, I was surprised and dismayed to fmd that it would be almost a week until a serviceman could come out to the house, climb a telephone pole, and make the connection. I questioned why they couldn't just activate the service from the office like the provider had done at my previous residence. I was really upset to find that I had very few options regarding the service packages. Although not being able to order "pay per view" specials was not a priority to me, it may be to others. My major concern was that I could not get ESPN2, no matter how much I was willing to pay. I told the person that this would become a big deal in the Spring of 1998, and requested her to note and pass along the request to add this channel to the service options. For a few months I included a note requesting that ESPN2 be considered for addition to the service options with every payment. I never got a response to any of these requests. Your company, and the cable TV industry in general, spends a significant sum of money in advertising and printed media expounding the virtues of "cable" over "satellite" service. Some of the arguments presented are valid from a certain point of view. I simply decided that I'd rather have ESPN2 than the network service out of the Twin Cities, and the local access stations. You want the consumer to make the choice, and I made it. My point is that the local service is long overdue for an upgrade to a fully addressable system offering varied options and pay per view access. Possibly some of the advertising funds could be diverted to equipment upgrade consistent with the rest of the industry. Quality service will also help retain customers, and actually may do more than propaganda fliers inserted in the monthly statements. Sinc �n 4ely, . b10 -9 T- �B 4 Gerald R. Bell Former Customer cc: City of Hutchinson Cable TV Franchise Authority MN0078 111 Hassen Street S.E. Hutchinson, MN 55350 - TR IAX v rCABLEVISION April 30, 1998 Phone: 507 -835 -5992, Fax: 507 -835 -4567 0 Mayor Marlin Torgerson City of Hutchinson 111 Hassan St. SE Hutchinson, MN 55350 -2522 Dear Mayor: FOR YOUR INFORMATION 1504 2nd St. S.E., P.O. Box 110, Waseca, MN 56093 SAY d 1998 C1TF OF HUTCHASON Effective June 1, 1998, Triax Cablevision is adjusting rates for Basic and Expanded Services as outlined on the attached notification letter which has been mailed to all customers. During the past year, we have made several changes to our operations designed to improve the quality of service we provide our customers. These changes have included the installation of new telephone technology, the expansion of our staff, and the dedication and commitment to the improvement of our technical field services. In addition, we recently completed the system -wide rebuild project which included the installation of fiber optic technology. Future announcements will be made in the near future on new and exciting services Triax Cablevision will launch this summer. While no rate adjustment is ever received favorably, these changes are necessary in order for us to continue to improve the level of service our customers deserve. As with any business, this change also reflects an adjustment for inflation, increases in programming expenses and other operating costs such as; insurance, vehicle maintenance, leases, and other regulatory requirements. Mayor, on behalf of the entire Triax Cablevision team of employees for appreciate the opportunity to provide service to the City of Hutchinson. Should you have any questions regarding this information, please feel free to contact me at any time at (507) 835 -5992. Sincce 44 4 '� rely, Paul R. Pecora Regional Manager • TRIAX mr.ABLEVISION April 28, 1998 Sales and Billing: 1- 800 - 332 -0245 Dear Valued Customer 1504 2nd St. S.E., P.O. Box 110, Waseca, MN 56093 Hutchinson During the past year, we have worked diligently to provide you with quality service and programming options. In addition, we have focused on our operations, adding new features to enhance our telephone system, as well as increasing the size of our customer service staff. We also recognize the need to continue these efforts during 1998 as part of our commitment to you, our valued customer. During the last two months, we have introduced new billing periods designed to increase our operational efficiency. Effective June 1, 1998, we are restructuring our rates. The new monthly rate for Basic Service will be adjusted to $9.33 from $8.75, an increase of $.58 per month. The rate for Tier Service will be adjusted to $17.05 from $16.64, an increase of $.41 per month. This change reflects the ellmination of the 'Copyright Fee' line item on your billing statement. While we realize no rate increase is ever favorable, this change reflects an inflationary adjustment, increases in programming expenses and other operating costs such as; insurance, vehicle maintenance, leases, and other regulatory requirements. These new rates will allow us to continue to improve the quality of service and programming we provide to you, as well as remain competitive in an ever - changing telecommunications industry. In dosing, we would like to thank you for choosing us to be your entertainment provider, and we look forward to meeting your needs in the future. If you have any suggestions on how we can serve you better, please send you comments to my attention at Tdax Cablevision, P.O. Box 110, Waseca, MN, 56093. You may also send comments to: Hutchinson, C/O Gary Plotz, 111 Hassen St SE, Hutchinson, MN 55350. Sincerely, Paul R. Pecora Regional Manager New Construction for 1998 46 New Construction Starts Norwest Bank 710,000 Cinema 7 Movie Theater 1,116,313 Casey's General Store Target Applebee's Grill & Bar 700,000 5 Eight Plex Apartments. Century Court 30 Unit Apartment P/easantAcres Quality Home Improvements 90,000 Heintz Floor Covering 160,320 Stearnswood Storage Building 139,000 Mailboxes Etc. � ? • Cottage Homesteads. 8 Four Plex Condos 6 Eight Plex Condos Hennen Furniture 40 to 50 New Homes/Twin Homes Additions and Expansions 3M North Plant Addition. 30,000 Sq. Ft 3M Heat Soak Room Remodel 125,000 Crow River Press Expansion Kahle's Furniture Expansion 310,000 Hutchinson Manufacturing Expansion 506,000 3D CNC Expansion Fahey Sales Agency Remodel 140,000 O p Hospital HVAC Remodel 166,000 Super 8 Hotel Expansion ? F Ir %ti Bavarian Haus 0 I O V w W A 'z 0 N M a N 0 N M w e 0 m 0 0 W 0 0 0. 0 FOR YOUR INFORMATION Wmaneal now Posoowp Property Address owner(s) Name CoMpl eted Wd6M Offer Dow Canted Accepted Ciaekp Ode Coff"Nots NoWed of trlarest Apptelal Cormplets Pft Offer Interview Forma Package Dole Amount 1166126 Onterld Eft BanddadaNaan x x 26JSn yes 1a-Feb $ e6.000 23 -Feb 1MW CLOWGD aeae 10 116 Huron Street Richard Cadson x x me yes 18Feb $ 57,5W 21-Feb 27-Mar CLOSED - VACANT 336 Onleric Street Scott Hanson x x 2"n 18-Fab 3 57 23 -Feb 13-AAr CLABFD -reuM bw July 71 OOMW Third Ave. Kurt 6 PeM RlacNni6x x x 27-Jan yes 19-Fab 7 67,6011 11-Mar 0L01tED-vaear1t J 16 121 Flat Avenue HonyfikMer x x 29-Jan 2e -Feb S 60.000 16*W CLOSED48Md Aug 1 616 Thkd Avenue Gros Strom x x 30 an yes I Web S 30,000 23 -Feb 2 CLOSED- vaeant Ju a 30 135 Ontano Street Zepp Bank era D Naritk0 0" TrsteeW Schram x x Phone yes 25 -Feb i 42 .000 5-Mar 2PW CLOEEDAP000nf by Judy 17 126 Huron Street RNnhudtlR Quad x x 2 2 S 16,aa6 CLOSED-vauat 1 116 Era Street Tom 6 Terri Goldschmidt x x 27Jan 11 -Aar S 7e 5DO 1 CLOSED -vemml 1 630 Second AvMUa Bra116Yktora Klabunde x z 29-Jan yes 16-Feb S KSW 27-Fab 1 to abed 126 Ede Strad Blommer x z one a" 54 S 53,000 to 00 516 Second Sired Dwaine Lufze x x 2Fl -Jan unwe 103 Erie Strad Pu nbeklEddnm x x laraure 226 Huron Shed NMM Besae6 x x urwae 168 Third A" NE Norman W x x &5 S 1.600 re eddeftwm an6 e 196 Third Ave. NE Lorraine W ht z x Sl6 SAM S 6,000 eddetlax+we Camnpwdal Std Aoqulakbn Raport Total $ Wboo Coved - g Slpad -10 Property Adtgess on1er(s) Name Completed Mow Oiler DMe Contract Closing Ode Conrrwxt No66ed of int erest A "5111 Conviefte Pre4Dft Iraervlarr Fems IJafe F Bales F x x 10-Fab yes 1B-Fa0 21 -Fab 1 CLOSEDwscmd 1 Chamber of Can. Ownber of Commerce x x hone Im 2nd mm Skns Lumber Simonson x x 18-Feb 2nd Post-It' brand lax Irarlsmiltal memo 7871 a a Pegn . To g i n, rvb-r KA te,&Lacca, Sin Co. C. D"A Fax,. N _ q e Total S 276A00 Closed 1 � 61paaA M 0 0 0 CITY OF HUTCHINSON LIQUOR STORE COMPARISON APRIL 1997 CITY OF HUTCHINSON APRIL TOTAL LIQUOR STORE COMPARISON LIQUOR BEER WINE MISC. TOTAL BY WEEK Apr -98 - - - - - -- -- - - - --- - - - - - -- - - - - - -- - - - - - -- -- -- - - -- 1 1,509 2,013 484 148 4,154 TOTAL 2 1,415 1,567 457 267 3,706 LIQUOR BEER WINE MISC. TOTAL BY WEER 3 1,870 2,982 563 391 5,806 -- - -- - -- - - - - - -- -- - - - - -- - - - - - -- - - - - - -- - - - - - -- -- - - - - -- 4 2,929 4,947 1,077 344 9,297 1 1,589 2,184 507 198 4,478 5 2,977 4,959 1,283 577 9,796 2 2,406 3,198 961 251 6,816 32,759 3 3,348 6,081 1,111 436 10,976 7 1,287 1,873 398 95 3,653 4 3,176 6,261 1,333 604 11,374 8 1,599 2,038 420 217 4,274 33,644 9 1,601 2,019 624 102 4,346 6 1,156 2,642 736 280 4,816 10 2,298 2,700 800 135 5,933 7 1,824 2,652 678 198 5,352 11 3,217 5,051 1,752 311 10,331 8 1,756 3,155 702 246 5,859 12 3,381 6,139 1,361 437 11,318 9 2,487 4,232 1,334 359 8,412 39,855 10 3,912 6,268 1,811 469 12,460 14 1,523 2,314 584 1,306 5,727 11 3,862 8,802 3,027 568 16,259 15 1,368 2,028 537 109 4,042 53,158 18 1,174 2,190 385 110 3,859 13 1,208 2,153 378 154 3,893 17 2,212 3,345 614 277 6,448 14 1,101 1,828 206 104 3,239 18 3,180 5,711 1,138 412 10,441 15 1,771 2,560 517 271 5,119 19 3,309 6,496 1,098 453 11,356 16 1,973 2,9oo 451 252 5,576 41,873 17 3,194 6,806 1,159 440 11,599 21 1,270 1,834 404 112 3,620 18 2,991 6,426 1,126 539 11,082 22 1,185 2,255 311 205 3,956 40,508 23 1,383 2,438 685 190 4,696 20 1,491 2,702 499 181 4,873 24 1,636 3,114 514 289 5,553 21 1,741 2,440 509 179 4,869 25 2,824 6,801 1,012 471 11,108 22 1,800 2,953 574 283 5,610 26 3,541 5,742 976 532 10,791 2 2,047 4 „583 680 264 7,574 39,724 24 3,563 7,037 935 589 12,124 28 1,792 2,883 353 227 5,255 25 3,492 6,289 1,038 481 11,300 29 1,457 2,293 843 149 4,742 46,350 30 1,476 2,396 553 384 4,609 27 1,455 2,545 445 246 4,691 14,8W 28 1,325 3,284 485 262 5,356 TOTAL 53,413 88,128 19,226 8,250 169,017 29 1,710 3,209 681 253 5,853 30 1,798 4,877 922 356 7,953 96 TOTALS 51,430 90,822 21,336 6,144 169,732 23,853 % OF SALE 32 52 11 5 100 58,178 108,067 22,805 8,463 197,513 SALES INC OR DEC (715) (0)% 97 TOTAL 53,413 88,128 19,226 8,250 169,017 %OF SALE 29 55 12 4 100 SALES INC OR DEC 28,496 17 %