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cp08-13-1996 cSUNDAY MONDAY TUESDAqF -11- -12- -13- 1:00 P.M. - HATS Joint Powers 5:00 P.M. - CLOSED MEETING HUTCHINSON Board Meeting at HATS of City Council Re. CITY Facility Litigation in City CALENDAR Center Main Conf. Room 5:30 P.M. - City Council Week of Meeting in Council Chambers August 11 to August 17 1 9 9 6 WEDNESDAY THURSDAY FRIDAY SATURDAY -14- -15- -16- -17- CONFERENCE /VACATION 10:00 A.M. - Directors Meeting Ken Merrill - August 12 S 13C at City Center Staff Conference Room Dick Nagy - August 12 -16 V Gary Plotz - August 12 -23 V Pat Vander Veen - August 12 -1 V Steve Madson - August 16 -26 V • AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 13, 1996 CALL TO ORDER - 5:30 P.M. INVOCATION - Rev. James Hall, Word of Life Church PRESENTATION OF RECOGNITION PLAQUES: ♦ DOUGLAS HEDIN ♦ DAN PROCHNOW ♦ TAMMY WENDLANDT MINUTES OF REGULAR MEETING OF JULY 23, 1996 AND BID OPENfNG IMINUTES OF JULY 31, 1996 Action - Approve as presented - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS ARID COMMISSIONS • 1. BUILDING OFFICIAL'S REPORT -JULY 1996 2. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF JUNE 6, 1996 AIRPORT CO_vIMISSION MINUTES OF JULY 29, 1996 (b) RESOLUTIONS AND ORDINANCES ORDINANCE NO. 96 -170 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 12.01, SUBD. 5, CONVEYANCE OF LAND BY ADDING THERETO AND BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 2. RESOLUTION NO. 10715 - RESOLUTION FOR PURCHASE RESOLUTION NO. 10716 - RESOLUTION RELATING TO $1,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF 4. RESOLUTION NO. 10717 - RESOLUTION TO ENTER INTO CONTRACT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR PUBLIC TRANSPORTATION SERVICE IN CITY OF HUTCHINSON CITY COUNCIL AGENDA - AUGUST 13, 1996 5. RESOLUTION NO. 10718 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT TO IMPLEMENT "SAFE AND SOBER" PROJECT 6. RESOLUTION NO. 10720 - AUTHORIZING RELEASE OF PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO., HUTCHINSON, MINNESOTA 7. RESOLUTION NO. 10721 - RESOLUTION RELATING TO A PROJECT ON BEHALF OF HANDS, INC. UNDER MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON ( SEPTEMBER 10, 1996 AT 6:00 P.M.) 8. RESOLUTION NO. 10722 - APPROVING PUBLIC AUCTION OF CERTAIN PROPERTY WITHIN CITY OF HUTCHINSON AND REINSTATING SPECIAL ASSESSMENTS ON TAX FORFEITED LAND (c) BINGO LICENSE FOR ST. ANASTASIA CHURCH'S FALL FESTIVAL (d) NON - INTOXICATING MALT LIQUOR LICENSE FOR ST. ANASTASIA CHURCH'S FALL FESTIVAL (e) NON - INTOXICATING MALT LIQUOR LICENSE FOR MCLEOD COUNTY AGRICULTURAL ASSOCIATION (� EXECUTE RESIDENTIAL PURCHASE AGREEMENT FOR PROPERTY AT 186 AND 196 THIRD AVENUE NW (g) APPLICATIONS FOR TRANSIENT MERCHANT LICENSE BY CRAIG SCOTT FISHER AND DARREN LEE HONES WITH RECOMMENDATION TO DENY LICENSE (h) APPOINTMENT OF DAVID WESTLUND TO PLANNING COMMISSION Action - Motion to approve consent agenda PUBLIC HE RIN - 6.00 P.M. (a) SUBMISSION OF ADAMS STREET SMALL CITIES REHAB GRANT APPLICATION Action - Motion to close hearing - Motion to reject - Motion to approve (b) CONTINUED HEARING FROM JUNE 25, 1996 FOR TRANSFER OF OWNERSHIP OF CITY CABLE TELEVISION FRANCHISE TO TRIAX MIDWEST ASSOCIATES, L.P., OR DD CABLE PARTNERS, L.P., DD CABLE HOLDINGS, INC. AND ITS VARIOUS SUBSIDIARIES D,B /A MIDWEST CABLEVISION Action - Motion to close hearing - Motion to reject - Motion to approve and adopt Resolution • • CITY COUNCIL AGENDA - AUGUST 13, 1996 6. COMMUNICATIONS. REQUESTS AND PETITIONS -- NONE (a) PRESENTATION AND RECOMMENDATION BY HCDC TRANSPORTATION TEAM REGARDING PRE - ENGINEERING FOR PHASE II OF AIRPORT Action - Motion to reject - Motion to approve (b) PRESENTATION BY CHARLEEN ZIMMER OF SRF CONSULTING ON THE LIGHT TRAFFIC PLAN FOR HUTCHINSON PROJECT Action - 7. RESOLUTIONS AND ORDINANCES -- SEE CONSENT AGENDA 8. UNFINISHED BUSINESS (a) CONSIDERATION OF RECOMMENDATION FOR PURCHASE OF TWO GROUNDS AND SIDEWALK MAINTENANCE MACHINES Action - Motion to reject - Motion to approve and award bid 9. NEW BUSINESS (a) CONSIDERATION OF CLOSING ARCH STREET BETWEEN HIGH STREET AND RESIDENTIAL AREA TO SOUTHEAST DURING BLUFF /ADAMS STREET CONSTRUCTION Action - Motion to reject - Motion to approve (b) CONSIDERATION OF LETTING NO. 1, PROJECT NO. 97 -01. 02,03 AND 04 Action - Motion to reject - Motion to approve project and adopt Resolution(s) (c) CONSIDERATION OF APPROVING HUSKI ADDITION SUBDIVISION AGREEMENT Action - Motion to reject - Motion to approve (d) CONSIDERATION OF PROPOSED 1997 HUTCHINSON AREA TRANSPORTATION PLANNING STUDY Action - Motion to reject - Motion to approve and adopt Resolution No. 10719 (e) CONSIDERATION OF REQUEST FROM SOLITRA U.S.A. TO EXERCISE OPTION TO PURCHASE LOT 9, BLOCK 1, FIRST ADDITION IN INDUSTRIAL PARK ACCORDING TO AGREEMENT WITH CITY OF HUTCHINSON Action - Motion to reject - Motion to approve - Motion to waive first reading of Ordinance and set second reading for August 27, 1996 3 CITY COUNCIL AGENDA - AUGUST 13, 1996 (� CONSIDERATION OF ESTABLISHING SPECIAL CITY COUNCIL WORKSHOP TO REVIEW 1995 FINANCIAL AUDIT REPORT ON AUGUST 27, 1996 AT 4:00 P.M. Action - Motion to reject - Motion to approve special workshop (g) CONSIDERATION OF ESTABLISHING SPECIAL CITY COUNCIL WORKSHOP WITH EARL FITZLOFF TO DISCUSS INTERSECTION AT LYNN ROAD, SOUTH GRADE ROAD AND HWY. 15 SOUTH Action - 10. MISCELLANEOUS (a) COMMUNICATIONS 11. CLAIMS- PPROP iATIQNS AND CONTP ACT PAYMENTS (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds 12. _ADJOURNMENT • A • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 23, 1996 The meeting was called to order at 5:30 p.m. by Mayor Torgerson. Present: Mayor Marlin Torgerson, Council Members Bill Craig and Don Erickson. Absent: Council Members John Mlinar and Kay Peterson. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg, and City Attorney G. Barry Anderson. In the absence of a pastor, there was no invocation. MINUTES The minutes of the regular meeting of July 9, 1996 were approved as presented. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS FINANCIAL/INVESTMENT REPORT - MAY & JUNE 1996 2. PLANNING COMMISSION MINUTES OF JUNE 18, 1996 (b) RESOLUTIONS AND ORDINANCES • 1. RESOLUTION NO. 10706 - RESOLUTION PROVIDING FOR THE SALE OF $1,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996 (c) SHORT -TERM ON SALE NON - INTOXICATING MALT LIQUOR LICENSE FOR R. C. PROMOTIONS (d) ONE -DAY OFF -SITE GAMBLING LICENSE FOR HUTCHINSON HOCKEY ASSOCIATION ON AUGUST 17, 1996 AT MCLEOD COUNTY FAIRGROUNDS (e) DELINQUENT WATER AND SEWER ACCOUNTS (f) ANNUAL 8K RUN AND TWO MILE WALK ON SEPTEMBER 14, 1996, SPONSORED BY HUTCHINSON ATHLETIC REHAB CENTER (g) CONDITIONAL USE PERMIT REQUESTED BY BETHANY BAPTIST CHURCH TO CONSTRUCT CHURCH BUILDING IN R -2 DISTRICT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10707) (h) CONDITIONAL USE PERMIT REQUESTED BY ANNE HIRSCH TO MOVE MOBILE HOME ONTO LOT 102 IN COUNTRY CLUB TERRACE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10708) (i) AMENDMENT TO ZONING ORDINANCE NO. 464, SECTION 12.0 1, SUBD. 5, • TO ADD LANGUAGE REGARDING REQUIREMENTS FOR LOT SPLITS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE CITY COUNCIL MINUTES - JULY 23, 1996 0 NO. 96 -170 AND SET SECOND READING FOR AUGUST 13, 1996) 0) PRELIMINARY AND FINAL PLAT OF NORTH PARK RIDGE TOWNHOMES LOCATED IN HELLAND'S EIGHTH ADDITION SUBMITTED BY DENNIS KAHL, COMPTON ANDERSON CONSTRUCTION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10709) (k) CONDITIONAL USE PERMIT REQUESTED BY DENNIS KAHL, COMPTON ANDERSON CONSTRUCTION, TO CONSTRUCT FOUR PLEX TOWNHOME LOCATED IN R -3 DISTRICT ON ARIZONA AND CAROLINA STREETS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 107 10) (1) VARIANCE REQUESTED BY DENNIS KAHL, COMPTON ANDERSON CONSTRUCTION, TO REDUCE SfDEYARD AND FRONT YARD SETBACKS FOR CONSTRUCTION OF TOWNHOMES IN HELLAND'S EIGHTH ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10711) (m) CHANGE OF STREET NAME FROM SUPERIOR AVENUE SE TO EASTGATE DRIVE SE WITH FAVORABLE RECOMMENDATION OF PLANNING . COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10712) The motion to approve the consent agenda with the exception of item 4 -(1) was made by Council Member Erickson, seconded by Council Member Craig and unanimously carried. Item 4 -0) -- Council Member Craig explained that the deviance for the variance was justified since it was a unique situation, and there had been an ordinance change. He then moved to approve item No. (1) and adoption of Resolution No. 10711. Motion seconded by Council Member Erickson and unanimously carried. (a) PRESENTATION AND RECOMMENDATION BY HCDC TRANSPORTATION TEAM REGARDING PRE - ENGINEERING FOR PHASE II OF AIRPORT It was requested to postpone the presentation until the August 13, 1996 meeting when all the Council Members would be present. 9. NEW BUSINESS • 0 CITY COUNCIL MINUTES - JULY 23, 1996 (a) CONSIDERATION OF COPS FAST GRANT APPLICATION Police Chief Steve Madson explained that the grant would provide funding for one police officer for a period of three years with a maximum of $75,000 toward salary and fringe benefit costs. He reported there is a growing need for additional police services, and the addition of another officer through the Cops Fast Grant would be beneficial. Following discussion, Council Member Erickson moved to approve the grant application, seconded by Council Member Craig and unanimously carried. (b) CONSIDERATION OF ROADWAY EASEMENT FOR IMPRESSIONS INCORPORATED It was reported that Impressions Incorporated may need an easement to cross the lot adjacent to their property which belongs to the City. After discussion, it was recommended to defer the item to the next City Council meeting. Council Member Erickson moved to table, seconded by Council Member Craig and unanimously carried. (c) CONSIDERATION OF RECOMMENDATION FROM HCDC BOARD OF DIRECTORS FOR BLOCK 50 PARKING LOT CONCEPT • Mary Beth Schaufler presented the recommendation of the Downtown Planning Task Force regarding the parking lot on Block 50 and the concept to use up to $5,000.00 of tax increment money on the development of green space and up to $5,000.00 from the commercial loan fund for consultation. She requested authorization from the City Council to proceed with both the green space concept and the consultation and to use the funds for those purposes. Following discussion, Council Member Craig moved to approve authorization, seconded by Council Member Erickson and unanimously carried. • 04 (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz commented on a meeting held with Leonard and Dory Johnson, owners of the Two Way Communications building directly east of the Dairy Queen. The purpose of the meeting was to negotiate a price for the property so that the Dairy Queen owners might be able to purchase the lot and expand its business. Mr. Plotz noted that prior to negotiations, an appraisal was needed to determine the value of the Two Way Communications property. It was recommended that Robinson Appraisals conduct an appraisal at a cost of $500 to $600 at City expense. Following discussion, Council Member Erickson moved to approve the appraisal at the City's expense. Motion seconded by Council Member Craig and unanimously carried. • CITY COUNCIL MINUTES - JULY 23, 1996 0 Administrator Plotz stated the City had been notified by the MPCA that the Source Separated Commercial Organics Composting Facility Preliminary Grant Application had passed the second stage. Another grant application will be submitted in the near future. (b) COMMUNICATIONS FROM CROW RIVER ARTS, INC. Director Sue Gerver requested that the lease for the existing Crow River Arts premises be renewed with the same terms as the current lease which expires December 31, 1996. Following discussion, Council Member Erickson moved to extend the Crow River Arts, Inc. lease on an annual basis beginning January 1, 1997, with a six month written notice required prior to lease expiration if it was not to be extended. Motion seconded by Council Member Craig and unanimously carried. (c) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported that an exterminator visited the property at 536 Harmony Lane. His report indicated that there might be other rodent sources besides that of the property in question. The City Attorney commended the City Council for taking prompt action to resolve a health issue. City Attomey Anderson stated he had recently talked to Landwehr Construction, and • he might see a need for a closed meeting prior to the next City Council meeting. (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING City Engineer Rodeberg noted that Resolution No. 10713 is required by MN /DOT in conjunction with S.P. 133 - 104 -04, Bluff Street Bridge Project. The Resolution will confirm that the City agrees to finance any cost in excess of the grant ($129,117.43) and return any monies not needed for the bridge construction. Further, the City agrees to transfer the grant funds directly to the agency account. Following discussion, Council Member Craig moved to approve and adopt Resolution No. 10713, seconded by Council Member Erickson and unanimously carried. Engineer Rodeberg reported that since the State will be handling all of the funds. the City will pay the cost up front and be reimbursed. He requested authorization of a $22,758.15 expenditure to MN/DOT to cover the total project cost. Following discussion, Council Member Erickson moved to approve the expenditure to MN /DOT for $22,758.15, seconded by Council Member Craig and unanimously tamed. (e) COMMUNICATIONS FROM MAYOR MARLIN TORGERSON Mayor Torgerson commented on the need for striping and safety improvements on Hwy. 7/22 West. He requested that a Resolution be sent to MN/DOT regarding this matter. • 4 • CITY COUNCIL MINUTES - JULY 23, 1996 Following discussion, Council Member Craig moved to send Resolution No. 10714 to MN /DOT, seconded by Council Member Erickson and unanimously carried. The Mayor mentioned that Hutchinson won the top award for bike safety as part of the recent Bike Bonanza. (a) VERIFIED CLAIMS The motion to approve the claims and to authorize payment from appropriate funds was made by Council Member Craig, seconded by Council Member Erickson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 6:03 p.m. • CJ • MINUTES BID OPENING WEDNESDAY, JULY 31, 1996 The meeting was called to order at 2:00 p.m. by City Administrator Gary D. Plotz. Also present were Supervisor Doug Meier and Planning Secretary Bonnie Baumetz. The reading of Publication No. 4931, Invitation for Bids, Purchase of Two Combination Grounds And Sidewalk Maintenance Machines, was dispensed with. Following the reading of a letter from L & P Supply Co., the following bids were opened and read: OPTION NO, I OPTION NO. 2 OPTION NO, 3 MTI Distributing Co. $37,946.20 $25,946.20 NO BID Plymouth, MN 25,946.20 Net LEASE #1 • $13,000.00 + Tax LEASE # 2 $13,000.00 + Tax Carlson Tractor & Equip. Co. $39,495.00 NO BID NO BID Rosemount, MN 28,495.00 Net The bids were referred to staff for review and recommendation. The meeting adjourned at 2:10 p.m. E h e� i CITY OF HUTCHINSON • BUILDING / PLANNING / ZONING DEPARTMENT 11 I HA,S'SAN STREET S.E. HUTCHIN.SON. MN 55350 PHONE 612234.4216 PAX b12.234 -4240 PPryff fnr the Imnth nf..ltrlts • • NEW RESIDENTIAL HOUSEKEEPING BUILDINGS barn No, a PRIVATELY OWNED PUBLICL OWNED NtaMar of Valuation of construction Cher cent Nurrt•ra Valuatimof oohs vanr Omr cents, Buildings Housing Units c Buldvrps Houseig Units Smgl•- family Hoses. detached e:ra.os m 4r 101 3 355,378 Sdgla- family rouses, attached 5•paarad a19'aand m r¢V wY. Jvo use aGmn a. wb,r, asd IM1 /YN lrM 102 Two4wnty buili 103 Three- and timm-larrmly buildings 104 Fivaarmare family bind- 105 TOTAL: Sun 04101 -1011 109 EIMEWNEW RESIDENTIAL NONHOUSEKEEPING BUILDINGS Ism No. PRIVATELY OWNED PUBLICLY OWNED Nunberol veVumiwof mnatmcticn Orn cards N of VWumon of mrutnrmon Qnf ucto Buidirgs Pathos c Buildings Roorrro Hold& mass, and lowst whim o-ansMnt secanmadaame 217 Other ionaoveekaapng sMher 214 NEW NONRESIDENTIAL BUILDINGS kern No. PRIVATELY OWNED PUBLICLY OWNED Nurrber of Buc6rgs Valuation of corratn cn tlrid cents c Nanber of Bindings vak mice of consinKtion Qmaxxs a Ar,ussmer6, social, and renaallonal 716 Churches, and other re igkan 719 YMUstrul 320 Parlorg pampas (Wadings & open al d) 721 Service stations and rape` garages 772 Hospitals and ireVeNonr 723 Offices, bared, and profsssi w 324 Public works and W Boas 325 Schools and other educational 316 Stores and cus "aenAcaa 327 Other norvesNartal bindings 326 1 Stn t n other than buildings 320 ADDITIONS, ALTERATIONS, AND CONVERSIONS R" No, w PRIVATELY OWNED PUBLICLY OWNED Number of Buildings rot Vakmw d ccnsoucUm Cmif cants (n Number of Buildings (d) valuation of construcaw Ornf cents (a) Resldarrtid . Clan* seldbors, of gergr and Q.P'M1 in tam 436 434 13 136,729 Nonresidential and noNOuaukesping 477 13 246,275 Pddaons of reaAar" garages and reports (attached and detached) 436 1 7-201711 DEMOLITIONS AND RAZING OF BUILDINGS Iem No a PRIVAT LY OWNED PUBLICLY OWNED Number d Buildings Number of Housing units c Number of Buildings Number of Flousirg xvts e Sauaas (adacwd anal detached) 646 dings 646 r- Iamily buldiga 647 Frveor a twny bu4dings bile All other Wadrg9 and sa11GT n 60 RRR -17, RRS -1, RNR -2, SIGN -4, FENCE -3, MiI -3, Total permits - 61 Valuation $746,212 Z/ -A (1) MINUTES Parks, Recreation & Community Education Advisory Board June 6, 1996 Members present were Mike Schall, Rev. Brian Brosz, Bruce Rosenow, Lee Cox, John Mlinar, Peggy Westlund and Linda Martin. Also present were Dolf Moon and Karen McKay. The meeting was called to order at 5:20 p.m. The Minutes dated May 2, 1996 were approved by a motion made by Bruce Rosenow, seconded by Lee Cox. The board unanimously agreed. OLD BUSINESS Middle School Pool - The pool was the largest issue to get passed. A committee will look at other community pools. The bids will be let February, 1997. The pool will be used by the community besides the school and other organizations. Lee Cox remarked this was a good opportunity for the School Board to show the community that the pool is for the community. Dolf told the Board that the water temperature is a concern of the community. • Registration/Survey - The Board reviewed the results of the registration survey. The 42% of people attending the mass registration were out the door 30 minutes after registration began. Some comments are things that can be improved at no cost. Mighty Ducks Grant - Hutchinson received a grant in the amount of $50,000 which will be used to purchase new lighting and an Alumazorb ceiling curtain. A used dehumidifier has been donated from H.T.I. and donated labor will be used for installation. The joists will be painted white. Parkland Dedication - The city is seeking a recommendation from the Board regarding parkland dedications with regard to churches. After brief discussion, John Mlinar recommended that churches be exempt from parkland dedication, Peggy Westlund seconded the motion. The Board unanimously agreed 7 -0. NEW BUSINESS CE Move/Staff- The history of the Community Education program will be going into longterm storage. The move of the office will take place June 10th. The current programmer, Jo Black will retire August 23rd. At this time there are three candidates for the position. The position will be advertised if an internal candidate is not selected. PRCE Bud¢et - Both the City and Community Education budgets are due by the end of June. Community Education has a fund balance of $120,000. �/_/_ '4, (_) MINUTES • Parks, Recreation & Community Education Advisory Board June 6, 1996 Page three NEW BUSINESS CONT. Middle School Activities - Community Education will handle the sports if the levy doesn't pass. Sports associations are in place such as basketball and baseball, there is no football association at this time. Activities for this age group is important. Assembly of God Request - The Board received a request from Assembly of God Church for use of Library Square Wednesday evenings in July from 7 -8 pm. It has been well attended in the past, this is the fourth year for this event. Linda Martin made a motion to accept the request as written for use of Library Square Wednesday evenings in July, Bruce Rosenow seconded the motion. The Board unanimously agreed 7 -0. Word of Life Cburgh Request - Word of Life Church has requested use of Library Square Sunday, June 16th 7 a.m. to 12 Noon. Linda Martin made a motion to accept the request of Word of Life Church for Sunday, June 16th in Library Square. Peggy Westlund seconded the motion, the Board agreed unanimously 7 -0. July Meetin our - A tour of the parks with new construction has been scheduled for the next meeting, • Wednesday, July 3rd. The tour will leave the Recreation Center at 5:15 p.m. for any Board members who can attend. V.F W Donation - The V.F.W. will be donating $8,000 to upgrade the play equipment in V.F.W. Park. North Jaycee Park - There may be an addition of new play equipment in the former North Jaycee Park. Staff will ask the Junior Baseball League for a contribution. Band el - The City Council will adopt a resolution to close Library Square at 9:00 p.m. unless otherwise reserved. The Chamber is trying to get the Band Shell refurbished. The parks in general received over $6,000 of damage to vandalism in May. The Police Department locks the shelters after 10 P.M. CAS Partnership - A developer from Sartell, Minnesota will be constructing Northview Acres, 137 unit apartment complex. After brief discussion, Linda Martin made a motion that $4,500 be escrowed as a parkland donation for each unit as it gets developed. Bruce Rosenow seconded the motion, the Board agreed unanimously 7 -0. 1L 1 The meeting was adjourned at 6:35 p.m. by a motion made by Rev. Brian Brosz, seconded by John Mlinar. The Board agreed unanimously. • HUTCHINSON AIRPORT COMMISSION MEETING JULY 29, 1996 Meeting called to order at T40 p.m. Members present: David Skaar, Joe Dooley, Mayor Torgerson, AI Koenig Members absent Dennis Kahl City Staff: Doug Meier Guest: Tom Parker Request was made by Joe Dooley that Robert Hantge to be notified of next meeting. Next scheduled meeting will be August 26, 1996 at T30 p.m. in the Airport lobby. Meeting adjourned at 8:15 p.m. . Report submitted by Doug Meier • ,� -,�3> • ORDINANCE NO. 96 -170 , 2ND SERIES PUBLICATION NO. E • AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 12.01, SUED. 5, CONVEYANCE OF LAND BY ADDING THERETO AND BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1: City Code Section 12.01, Subd. 5 is hereby amended as follows: Subd. 5. No conveyance of a parcel of land in which the Parcel of land conveyed is described by metes and bounds, or by reference of a plat made after adoption of these platting regulations without recommendation by the Planning Commission, approval by Council resolution, shall be made or recorded if the parcel described in the conveyance is less than five (5) acres in area and 300 feet in width unless such parcel is a separate parcel of record on the effective date of this Chapter or unless an agreement to convey such small parcel was entered into prior to such time and the instrument showing agreement to convey is recorded in the office of the County Recorder within one year hereafter. A registered land survey Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this _ day of July, 1996. Marlin Torgerson, Mayor Attest: Gary D. Plotz City Administrator Published in the Hutchinson Leader: First reading: July 23, 1996 Second reading: .�z -6, �2) RESOLUTION N0. 10715 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST I PURPOSE I DEPT.I BUDGET 36 Lighting Fixtures & $ 9,321 Replacement Civic Controls Arena Ceiling Curtain 5,350 Installation over Ice Shee " 7396 Corrossion Inhibitor 9,798 Water Treatment Water Yes Curb 6 Gutter 8,000 Replacement Street Yes Manhole - 2 7,000 Installation on Grove St. WWTP Yes Trees 9,330 Replace 6 New Planting Park ** * Mighty Duck Grant -- S to /Cit Financing ** Funding from Releaf Gr t and tilities Funding The following items were authorized due to an emergency need: ITEM COST Date Approved: August 13, 1996 • Motion made by: Seconded by: PURPOSE VENDOR usco Sports Lighti assai Limited alco Chemical 2nson 6 Vasek iul Contracting -ieve Landscaping DEPT. I BUDGET I VENDOR Resolution submitted for Council action by : Finance Director �� 11 AUG 13 '96 01:20PM EHLERS 3 ASSOCIATES puss kifm�Ci721 $1,050,000 General Obligation Improvement Bonds, Series 1996 RATING: Moody's "Baal" City of Hutchinson, Minnesota 26L E7 August 13, 1996 AWARD: JOHN G. KINNARD & COMPANY P. 22 $$I: 5.67% NET TRUE NAME OF BIDDER RATE YEAR PRICE INTEREST INTEREST COST RATE JOHN G. KINNARD & COMPANY Minneapolis, Minnesota • FBS INVESTMENT SERVICES, INC. Minneapolis, Minnesota NORWEST INVESTMENT SERVICES, INC. Minneapolis, Minnesota SMITH BARNEY, INC. Chicago, Illinois CRONIN & COMPANY, INC. Minneapolis, Minnesota �J 4.00% 4.20% 4.35% 4.45% 4.50% 4.55% 4.70% 4.75% 4.80% 4.90% 4.00% 4.15% 4.30% 4.40% 4.50% 4.60% 4.70% 4.80% 4.90% 5.00% 4.10% 4.20% 4.30% 4.40% 4.50% 4.60°/6 4.70% 4.80% 4.90% 5.00% 1998 1999 2000 2001 2002 2003 2004 2008 2006 2007 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 51,038,604.45 $1,040,650.00 $1,038,660.00 5322,058.68 $323,005.42 $325,117.50 4.8610% 4.8665% 4.9047% 2950 G�W -� ■Ilw f _ Ws N IN 554 Gnur [rl 9D Soum Soven t� Snet MinntapOGE, MN 56102 -1100 *LEADERS IM ►DYIIC FINANCE • (6121338291 FAX(612)MM 0 City of Hutchinson, MN General Obligation Improvement Bonds, Series 1996 Date Principal HCifl 09/01/96 Discount: 11,395.55 08/01/97 � Final 02101/98 80,000 4.00 08/01/98 02/01199 90,000 4.20 08/01/99 Less: 02/01/2000 95,000 4.35 08/0112000 02/01/2001 95,000 4.45 08/01 /2001 Special New 02/01/2002 100,000 4.50 08/01/2002 Annual Interest 02101 /2003 105,000 4.55 08/0112D03 DAW YAM 02/0112004 110,000 4.70 08/01/2004 02/0112005 120,000 4.75 08/01/2005 147,798.13 02/01 /2006 125,000 4.80 08/01 /2006 1,622,261 1997 02101 /2007 130,000 4.90 Notes $1 050 000 Dated: 09/01/96 Interest Start: 08/01/97 Discount: 11,395.55 Interest 43,869.38 23,928.75 22,328.75 22,328.75 20,438.75 20,438.75 18,372.50 18,372.50 16,258.75 16,258.75 14,008.75 14,008.75 11,620.00 11,620.00 9,035.00 9,035.00 6,185.00 6,185.00 3,185.00 3,185.00 310,663.13 1,360 663.13 1 360 663.1 11,395.55 Discount $322,058.68 Net Interest Cost $367,312.50 Projected Net Interest Cost $45,253.82 Savings Bond Years: Average Life: Average Coupon: Net Interest Cost: True Interest Cost: 6,647.50 6.330952381 FhW Projected 4.67338% 4.84481% 5.52557% 4.86109% 5.54855 Prepared by Ehlers and Associates 08/13/96 • � Final $1,050,000 Less: Less: Total Total Capitalized 105% Special New Existing Total Fiscal P & I Annual Interest Annual Assess, Dahl Dept DAW YAM 43,869.38 75,000.00 103,928.75 147,798.13 76,438 37,102 39,336 1,582,925 1,622,261 1997 22,328.75 112,328.75 134,657.50 141,390 35,889 105,502 1,524,557 1,630,059 1998 20,438.75 115,438.75 135,877.50 142,671 34,675 107,996 1,453,733 1,561,730 1999 18,372.50 113,372.50 131,745.00 138,332 33,462 104,871 1,385,620 1,490,490 2000 16,258.75 116,258.75 132,517.50 139,143 32,248 106,895 1,230,880 1,337,775 2001 14,008.75 119,008.75 133,017.50 139,668 31,035 108,634 1,062,744 1,171,377 2002 11,620.00 121,620.00 133,240.00 139,902 29,821 110,081 894,675 1,004,756 2003 9,035.00 129,035.00 138,070.00 144,974 28,608 116,366 785,133 901,498 2004 6,185.00 131,185.00 137,370.00 144,239 27,395 116,844 535,217 652,061 2005 3,185.00 133,185.00 136,370.00 143,189 26,181 117,007 537,237 654,244 2006 310,663.13 1,360 663.13 1 360 663.1 11,395.55 Discount $322,058.68 Net Interest Cost $367,312.50 Projected Net Interest Cost $45,253.82 Savings Bond Years: Average Life: Average Coupon: Net Interest Cost: True Interest Cost: 6,647.50 6.330952381 FhW Projected 4.67338% 4.84481% 5.52557% 4.86109% 5.54855 Prepared by Ehlers and Associates 08/13/96 BID TABULATION • $1,050,000 General Obligation Improvement Bonds, Series 1996 City of Hutchinson, Minnesota SALE: August 13, 1996 AWARD: JOHN G. KINNARD & COMPANY RATING: Moody's "Baal" BBI: 5.67% NET TRUE NAME OF BIDDER RATE YEAR PRICE INTEREST INTEREST COST RATE JOHN G. KINNARD & COMPANY 4.00% Minneapolis, Minnesota 4.20% 4.35% 4.45% 4.50% 4.55% 4.70% 4.75% 4.80% 4.90% 1998 $1,038,604.45 $322,058.68 4.8610% 1999 2000 2001 2002 2003 2004 2008 • 2006 2007 FBS INVESTMENT SERVICES, INC. 4.00% 1998 $1,040,550.00 $323,005.42 4.8665% Minneapolis, Minnesota 4.15% 1999 NORWEST INVESTMENT SERVICES, INC. 4.30% 2000 Minneapolis, Minnesota 4.40% 2001 Minneapolis, Minnesota 4.50% 2002 4.60% 2003 2002 4.70% 2004 4.60% 4.80% 2005 4.90% 2006 5.00% 2007 SMITH BARNEY, INC. 4.10% 1998 $1,038,660.00 $325,117.50 4.9047% Chicago, Illinois 4.20% 1999 CRONIN & COMPANY, INC. 4.30% 2000 Minneapolis, Minnesota 4.40% 2001 4.50% 2002 4.60% 2003 4.70% 2004 4.80% 2005 4.90% 2006 5.00% 2007 YrNn and &jg@g p W& 90 2950 N ev e Center South Seventh Street L E A D E R S IN P U B L I C FINANCE (612) Minneapolis, 339&291 FAX (612))339 -0854 BID TABULATION 0 $1,050,000 General Obligation Improvement Bonds, Series 1996 City of Hutchinson, Minnesota SALE: August 13, 1996 AWARD: JOHN G. KINNARD & COMPANY RATING: Moody's "Baal" BBI: 5.67% NAME OF BIDDER RATE YEAR NET PRICE INTEREST COST TRUE INTEREST RATE JOHN G. KINNARD & COMPANY 4.00% 1998 $1,038,604.45 $322,058.68 4.8610% Minneapolis, Minnesota 4.20% 1999 4.40% 2001 4.35% 2000 2002 4.45% 2001 4.70% 4.50% 2002 4.80% 2005 4.55% 2003 2006 4.70% 2004 4.75% 2008 4.80% 2006 4.90% 2007 FBS INVESTMENT SERVICES, INC. 4.00% 1998 $1,040,550.00 $323,005.42 4.8665% Minneapolis, Minnesota 4.15% 1999 NORWEST INVESTMENT SERVICES, INC. 4.30% 2000 Minneapolis, Minnesota 4.40% 2001 4.50% 2002 4.60% 2003 4.70% 2004 4.80% 2005 4.90% 2006 5.00% 2007 SMITH BARNEY, INC. 4.10% 1998 $1,038,660.00 $325,117.50 4.9047% Chicago, Illinois 4.20% 1999 CRONIN & COMPANY, INC. 4.30% 2000 Minneapolis, Minnesota 4.40% 2001 4.50% 2002 4.60% 2003 4.70% 2004 4.80% 2005 4.90% 2006 5.00% 2007 Ehlers and Associates, Inc. 29 N ev e Center 90 South Seventh Street Minneapolis, MN 554024100 OLEADERS I N P U B L I C FINANCE (612) 339 -8291 FAX (612) 339 -0854 a� -11,050,000 General Obligation Improvement Bonds, Series 1996 City of Hutchinson, Minnesota Page 2 NET TRUE NAME OF BIDDER RATE YEAR PRICE INTEREST INTEREST COST RATE FIRSTAR BANK OF MINNESOTA, N.A. St. Paul, Minnesota DAIN BOSWORTH, INC. Minneapolis, Minnesota 0 PIPER JAFFRAY INC. Minneapolis, Minnesota 4.00% 4.20% 4.40% 4.50% 4.60% 4.70% 4.80% 4.90% 5.00% 5.10% 4.00% 4.20% 4.35% 4.50% 4.60% 4.70% 4.80% 4.90% 5.00% 5.10% 4.15% 4.30% 4.50% 4.60% 4.70% 4.80% 4.90% 5.00% 5.10% 5.20% 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 $1,038,481.50 $1,036,350.00 $1,039,500.00 $331,498.90 $333,468.54 $337,185.00 5.0005% 5.0368% 5.0829% • Cj Moody& Investors Service FOR YOUR INFORMATION August 9, 1996 Mr. Kenneth Merrill Finance Director City of Hutchinson 111 Hassan Street South Hutchinson, Minnesota 55350 -2522 Dear Mr. Merrill: 99 Church Street New Yak, NY 10007 We wish to inform you that our Rating Committee has assigned the rating of Baal to the $1,050,000 Hutchinson, Minnesota General Obligation Bonds to be sold on August 13, 1996. In order that we may maintain the rating, we will require current updating information. We will appreciate your continued cooperation in the future. We would appreciate receiving a copy of the final Official Statement when available. Under separate cover you will be receiving a copy of our credit report on the above referenced bond sale. Should you have any questions regarding the above, please do not hesitate to contact, Yaffa Rattner at (212) 553 -4429. Sincerely, Vice President/Assistant Director Public Finance YR:jr cc: Ms. Sandy Ludford Ehlers and Associates, Inc. 2950 Norwest Center, 90 South 7th Street Minneapolis, Minnesota 55402 -4100 • CERTIFICATION OF MINUTES RELATING TO $1,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS SERIES 1996A Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on August 13, 1996, at 5:30 o'clock p.m., in the Council Chambers at the Hutchinson City Center. Councilmembers present: Councilmembers absent: Documents Attached: Minutes of said meeting (pages): 1 through 25 RESOLUTION NO. i o 7 t F RESOLUTION RELATING TO $1,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996; AUTHORIZING THE is ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was'duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of 1996. • Gary D. Plotz (SEAL) City Administrator The City Administrator reported that proposals had been received by the City prior to 10:00 A.M., Central Daylight Time today for the purchase of the Bonds in accordance with the Terms of Proposal for the $1,050,000 General Obligation Improvement Bonds, Series 1996 of the City as previously approved by a resolution of the City Council. The bids have been read and tabulated, and the terms of each have been determined to be as follows: Total Interest Bid for Interest Cost -Net Average Name of Bidder Princi2al Rates Rate 0 • 0 • Councilmember introduced the following resolution and moved its adoption, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 10716 RESOLUTION RELATING TO $1,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the City), as follows: Section 1. Recitals. 1.01. Authorization. This Council has heretofore ordered various local • improvement projects designated as Project Nos. (the Improvements), to be constructed within the City under and pursuant to Minnesota Statutes, Chapter 429. The present estimated total cost of the Improvements is as follows: Project Costs . ............................... $2,235,311 Discount .... ............................... 13,650 Cost of Issuance ............................. 17,000 Capitalized Interest .......................... 75,000 TOTAL ...... ............................... ;, O9 1 This Council has previously determined to issue and sell $1,050,000 principal amount of General Obligation Improvement Bonds, Series 1996, of the City (the Bonds) to defray a portion of the expense incurred and estimated to be incurred by the City in making the Improvements, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65, and $13,650 representing interest as provided in Minnesota Statutes, Section 475.56. The remaining costs of the Improvements will be paid from Federal and MSA Funds and from interest earnings on proceeds of the Bonds. • 1.02. Sale of Bonds. The City has retained Ehlers and Associates, Inc., an independent financial advisor, to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, • Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1. Pursuant to the Terms and Conditions of Sale for the Bonds, sealed bids for the purchase of the Bonds were received at or before the time specified for receipt of bids. The bids have been opened and publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each bid have been determined. The most favorable proposal received is that of of (the Purchaser), to purchase the Bonds at a price of $ the Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Administrator are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. 1.03. Issuance of Bonds. All acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed prior to the issuance of the Bonds have been done, do exist, have happened, and have been performed, wherefore it is now necessary for this Council to establish the form and terms of the Bonds, to provide for the security thereof, and to issue the Bonds forthwith. 1.04. Maturities. This Council finds and determines that the • maturities of the Bonds, as set forth in Section 3.01 hereof, are warranted by the anticipated collection of the assessments and ad valorem taxes to be levied for the cost of the Improvements. 1.05. Consolidation of Improvements. Pursuant to Minnesota Statutes, Section 435.56, the Improvements are hereby consolidated and joined as one project. Section 2. Form of Bonds. The Bonds shall be prepared in substantially the following form: • -2- • UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF McLEOD CITY OF HUTCHINSON GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1996 Date of Rate Maturity Original Issue CUSIP September 1, 1996 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS • THE CITY OF HUTCHINSON, McLeod County, Minnesota (the "City"), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner above named, the principal amount indicated above, on the maturity date specified above, with interest thereon from the date of original hereof specified above at the annual rate specified above computed on the basis of a 360 -day year consisting of twelve 30 -day months, payable on February 1 and August 1 in each year, commencing August 1, 1997, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof at the office of the City Finance Director, in Hutchinson, Minnesota, as Registrar, Transfer Agent and Paying Agent (the 'Bond Registrar "), or its successor designated under the Resolution described herein, the principal hereof, are payable in lawful money of the United States of America by check or draft of the City or the Bond Registrar if a successor to the City Finance Director as Bond Registrar has been designated under the Resolution described herein. This Bond is one of an issue in the aggregate principal amount of $1,050,000 (the 'Bonds "), all of like date and tenor except as to serial number, interest • rate, redemption privilege and maturity date, issued pursuant to a resolution -3- adopted by the City Council on August 13, 1996 (the "Resolution ") to pay the cost of construction of local improvements in the City (the "Improvements"), and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. This Bond is payable primarily from the 1996 Improvement Bond Fund (the "Fund ") of the City, but the City is required by law to pay maturing principal hereof and interest thereon out of any funds in the treasury if moneys on hand in the Fund are insufficient therefor. The Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in the years 1998 through 2003 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in the years 2004 through 2007 are each subject to redemption and prepayment, at the option of the City and in whole or in part and if in part, in the maturities selected by the City and by lot, assigned in proportion to their principal amount, within any maturity, on February 1, 2003 and on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the • redemption of any Bond, not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price herein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bond or portions of Bonds shall cease to bear interest. Upon the partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. -4- • The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the City has levied or agreed to levy special assessments on property specially benefited by the Improvements and ad valorem taxes on all taxable property within the City, collectible in the years and amounts required to produce sums not less than 5% in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and has appropriated the same to the Fund in the manner specified in Minnesota Statutes, Section 429.091, Subdivision 4; that, to take care of any accumulated or anticipated deficiency in the Fund, additional ad valorem taxes are required by law to be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any charter, constitutional or statutory • limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of the Bond Registrar, or in the event the City Finance Director is no longer acting as Bond Registrar, one of the authorized representatives of the Bond Registrar. IN WITNESS WHEREOF, the City of Hutchinson, McLeod County, State of Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the Mayor and the City Administrator and has caused this Bond to be dated as of the date set forth below. Date of Authentication: City Administrator • -5- Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. L-71 0 City Finance Director, as Bond Registrar The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM -- as tenants UNIF TRANS MIN ACT .......... Custodian .......... in common (Cult) (Minor) TEN ENT -- as tenants by the entireties • under Uniform Transfers to JT TEN -- as joint tenants Minors with right of survivorship and Act .................... ............................... not as tenants in (State) common Additional abbreviations may also be used. • -6- • ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto , the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Signature(s) must be guaranteed by an • "eligible guarantor institution' meeting the requirements of the Bond Registrar, which requirements include membership or participation in the Securities Transfer Association Medalion Program (STAMP) or such other "signature guaranty program" as may be determined by the Bond Registrar in addition to or in substitution for STAMP, all in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. NOTICE: This signature(s) to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration, enlargement or any change whatsoever. Section 3. Bond Terms. Execution and Delivery. 3.01. Maturities, Interest Rates, Denominations, Payment. The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation Improvement Bonds, Series 1996" and shall be payable primarily from the 1996 Improvement Bond Fund created in Section 4.02 hereof. The Bonds shall bear a date or original issue as of September 1, 1996, shall be issuable in the denomination of $5,000 each or any integral multiple thereof, shall mature on • -7- February 1 in the years and amounts set forth below, and Bonds maturing in such • years and amounts shall bear interest from September 1, 1996 until paid or duly called for redemption at the rates per annum shown opposite such years and amounts as follows: Year Amount Rate Year Amoun t Rate 1998 $ 80,000 2003 $105,000 1999 90,000 2004 110,000 2000 95,000 2005 120,000 2001 95,000 2006 125,000 2002 100,000 2007 130,000 The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. Each Bond shall be dated by the Registrar as of the date of its authentication. 3.02. Dat ; Interest Payment Dates. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing August 1, 1997, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. Interest • on the Bonds will be computed on the basis of a 360 -day year consisting of twelve 30- day months and will be rounded pursuant to the rules of the Municipal Securities Rulemaking Board. 3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of -8- • any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the • bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond • was lost, stolen or destroyed, and of the ownership thereof, and upon -9- furnishing to the Registrar of an appropriate bond or indemnity in form, • substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 3.04. Appointment of Initial Registrar. The City hereby appoints the City Finance Director, as the initial Registrar. In the event that the City determines to discontinue the book entry -only system for the Bonds as described in paragraph (c) of Section 3.07, or DTC, as defined in Section 3.07, determines to discontinue providing its services with respect to the Bonds and a new securities depository is not appointed for the Bonds, the City will designate a suitable bank or trust company to act as successor Registrar if the City Finance Director is then acting as Registrar. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 3.05. Redemption. Bonds maturing in the years 1998 through 2003 shall not be subject to redemption prior to maturity, but Bonds maturing in the years 2004 through 2007 shall each be subject to redemption and prepayment, at the • option of the City, in whole or in part, and if in part, in the maturities selected by the City and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, on February 1, 2003 and on any date thereafter at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, the City Administrator shall cause notice of the call for redemption to be mailed to the Registrar and to the registered owner of each Bond to be redeemed, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. The notice of redemption shall specify the redemption date, redemption price, the numbers, interest rates and CUSIP numbers of the Bonds to be redeemed and the place at which the Bonds are to be surrendered for payment, which is the principal office of the Registrar. Official notice of redemption having been given as aforesaid, the Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest. In addition to the notice prescribed by the preceding paragraph, the City shall also give, or cause to be given, notice of the redemption of any Bond or Bonds or portions thereof at least 35 days before the redemption date by certified mail or -10- Stelecopy to the Purchaser and all registered securities depositories then in the business of holding substantial amounts of obligations of the character of the Bonds (such depositories now being The Depository Trust Company, of Garden City, New York; Midwest Securities Trust Company, of Chicago, Illinois; Pacific Securities Depository Trust Company, of San Francisco, California; and Philadelphia Depository Trust Company, of Philadelphia, Pennsylvania) and one or more national information services that disseminate information regarding municipal bond redemptions; provided that any defect in or any failure to give any notice of redemption prescribed by this paragraph shall not affect the validity of the proceedings for the redemption of any Bond or portion thereof. Bonds in a denomination larger than $5,000 may be redeemed in part in any integral multiple of $5,000. The owner of any Bond redeemed in part shall receive, upon surrender of such Bond to the Registrar, one or more new Bonds of such same series in authorized denominations equal in principal amount to the unredeemed portion of the Bond so surrendered. 3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator. In case any officer whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature shall nevertheless be valid and sufficient for all • purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of the Registrar, or in the event the City Finance Director is no longer acting as Registrar, an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Administrator to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the purchaser shall not be obligated to see to the application of the purchase price. • 3.07. Securities Depository. (a) For purposes of this Section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such persons subrogee. -11- "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any S successor nominee of DTC with respect to the Bonds. New York. "DTC" shall mean The Depository Trust Company of New York, "Participant" shall mean any broker - dealer, bank or other financial institution for which DTC holds Bonds as securities depository. City to DTC. "Representation Letter" shall mean the Representation Letter from the (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. • -12- • (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC by the Mayor, in the form presented to this Council with such changes, omissions, insertions and revisions as the Mayor shall deem advisable, is hereby authorized, and execution of the Representation Letter by the Mayor shall be conclusive evidence of such approval. The Representation Letter shall set forth certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this resolution. • (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. Section 4. Security Provisions. 4.01. 1996 Improvement Construction Fund. There is hereby created a special bookkeeping fund to be designated as the "1996 Improvement Construction Fund" (hereinafter referred to as the Construction Fund), to be held and administered by the City Finance Director separate and apart from all other funds of the City. The City appropriates to the Construction Fund (a) the proceeds of the sale of the Bonds, and (b) all collections of special assessments levied for the Improvements until completion and payment of all costs of the Improvements. The Construction Fund shall be used solely to defray expenses of the Improvements, • including but not limited to the transfer to the Bond Fund, created in Section 4.02 -13- hereof, of amounts sufficient for the payment of interest and principal, if any, due • upon the Bonds prior to the completion and payment of all costs of the Improvements and the payment of the expenses incurred by the City in connection with the issuance of the Bonds set forth in Section 8 hereof. Upon completion and payment of all costs of the Improvements, any balance of the proceeds of Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other improvements instituted pursuant to the Act, as directed by the City Council, but any balance of such proceeds not so used shall be credited and paid to the Bond Fund. 4.02. 1996 Improvement Bond Fund. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City Finance Director shall maintain a separate and special bookkeeping fund designated "1996 Improvement Bond Fund" (hereinafter referred to as the Bond Fund) to be used for no purpose other than the payment of the principal of and interest on the Bonds and on such other improvement bonds of the City as have been or may be directed to be paid therefrom. The City irrevocably appropriates to the Bond Fund (a) the collections of special assessments and other funds to be credited and paid thereto in accordance with the provisions of Section 4.01, (b) any taxes levied in accordance with this resolution, (c) all income derived from the investment of amounts on hand in the Bond Fund, and (d) all such other moneys as shall be received and appropriated to the Bond Fund from time to time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all bonds • payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient, and the Council covenants and agrees that it will each year levy a sufficient amount to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory tax limitation. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service Account' and the "Surplus Account." All money appropriated or to be deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On each February 1, the City Finance Director shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one - twelfth of the debt service payable from the Bond Fund in the immediately preceding 12 months, the City Finance Director shall promptly transfer the amount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the City Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. • -14- • 4.03. Additional Bonds. The City reserves the right to issue additional bonds payable from the Bond Fund as may be required to finance costs of the Improvements not financed hereby; provided that the City Council shall, prior to the delivery of such additional bonds, levy or agree to levy by resolution sufficient additional special assessments and ad valorem taxes, if any, which, together with other moneys or revenues pledged for the payment of said additional obligations, will produce revenues at least five percent (5 %) in excess of the amount needed to pay when due the principal and interest on all bonds payable from the Bond Fund. The additional special assessments, ad valorem taxes and moneys or revenues so pledged, levied or agreed to be levied shall be irrevocably appropriated to the Bond Fund in the manner provided by Minnesota Statutes, Section 475.61. 4.04. bevy of Special Assessments. The City hereby covenants and agrees that for payment of the cost of each of the Improvements it will do and perform all acts and things necessary for the full and valid levy of special assessments against all assessable lots, tracts and parcels of land benefited thereby and located within the area proposed to be assessed therefor, based upon the benefits received by each such lot, tract or parcel, in an aggregate principal amount not less than twenty percent (20 %) of the cost of the Improvements. In the event that any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or this Council or any of the City's officers or • employees, either in the making of such assessment or in the performance of any condition precedent thereto, the City and this Council hereby covenant and agree that they will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessments a valid and binding lien upon such property. The Council presently estimates that the special assessments shall be in the principal amount of $ payable in not more than installments, the first installment to be collectible with taxes during the year 199. and that deferred installments shall bear interest at the rate of percent (_ %) per annum from the date of the resolution levying said assessment until December 31 of the year in which the installment is payable. • 4.05. Ad Valorem Taxes. The full faith and credit and taxing powers of the City are irrevocably pledged for the prompt and full payment of the principal of and interest in the Bonds as the same become respectively due. For the purpose there is hereby levied upon all of the taxable property of the City a direct, annual ad valorem tax, which shall be spread upon the tax rolls prepared in each of the following years and collected with other taxes in the following years and amounts as follows: -15- Levy Collection • Year Year Amount 1996 1997 1997 1998 1998 1999 1999 2000 2000 2001 2001 2002 2002 2003 2003 2004 2004 2005 2005 2006 The foregoing tax levies are such that if collected in full they will produce at least five percent (5 %) in excess of the amount needed to pay when due the principal of and interest on the Bonds. This tax shall be irrevocably appropriated to the Bond Fund as long as any of the Bonds are outstanding and unpaid; provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. 4.06. Full Faith and CrQdit Pledged. The full faith and credit of the City are irrevocably pledged for the prompt and full payment of the principal of and the • interest on the Bonds, and the Bonds shall be payable from the Bond Fund in accordance with the provisions and covenants contained in this resolution. It is estimated that the taxes and special assessments levied and to be levied for the payment of the Improvements will be collected in amounts not less than five percent (5 %) in excess of the annual principal and interest requirements of the Bonds. If the money on hand in the Bond Fund should at any time be insufficient for the payment of principal and interest then due, this City shall pay the principal and interest out of any fund of the City, and such other fund or funds shall be reimbursed therefor when sufficient money is available to the Bond Fund. If on October 1 in any year the sum of the balance in the Bond Fund plus the amount of taxes and special assessments theretofore levied for the Improvements and collectible through the end of the following calendar year is not sufficient to pay when due all principal and interest become due on all Bonds payable therefrom in said following calendar year, or the Bond Fund has incurred a deficiency in the manner provided in this Section 4.06, a direct, irrepealable, ad valorem tax shall be levied on all taxable property within the corporate limits of the City for the purpose of restoring such accumulated or anticipated deficiency in accordance with the provisions of this resolution. Section 5. Defeasance. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this • -16- • resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the paying agent on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity. Section 6. Registration, Certification of Proceedings. Investment of Moneys. Arbitrage and Official Statement. 6.01. Registration. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of McLeod County, together with such other information as he shall require, and to obtain from the County Auditor a certificate that the Bonds have been entered on his bond • register and that the tax required for the payment thereof has been levied and filed as required by law. 6.02. Certification of Proceedings. The officers of the City and the County Auditor of McLeod County are hereby authorized and directed to prepare and furnish to the Purchaser, and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 6.03. Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and Regulations promulgated thereunder (the Regulations), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. The Improvements and any other improvements financed pursuant to Section 4.01 • -17- will be owned and maintained by the City and available for use by members of the • general public on a substantially equal basis. The Citv shall not enter into any lease, use or other agreement with any non - governmental person relating to the use of such improvements or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" within the meaning of Section 141 of the Code. 6.04. Arbitrage Rebate. For purposes of complying with the requirements of Section 148(f)(4)(C) of the Code relating to the exemption of certain small governmental units from the rebate requirements of the Code, the City represents that: (i) the City is a governmental unit with general taxing powers, (ii) the Bonds are not "private activity bonds" as defined in Section 141 of the Code (Private Activity Bonds); (iii) ninety -five percent of the net proceeds of the Bonds are to be used for the local governmental purposes of the City; and (iv) the aggregate face amount of all tax - exempt bonds (other than Private Activity Bonds) issued by the City in calendar year in which the Bonds are to be issued is not reasonably expected to • exceed $5,000,000. Therefore, pursuant to the provisions of Section 148(f)(4)(B) of the Code, the City shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code. 6.05. Arbitrage Certification. The Mayor and City Administrator, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148- 2(b)(2) of the Regulations, stating the facts and estimates in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of said Code and Regulations. 6.06. Interest Disallowance. The City hereby designates the Bonds as "qualified tax - exempt obligations" for purpose of Section 265(b) of the Code relating to the disallowance of interest expenses for financial institutions. The City represents that in calendar year 1996 it does not reasonable expect to issue tax - exempt obligations which are not private activity bonds (not treating qualified • g 501(c)(3) bonds under Section 145 of the Code as private activity bonds for purposes of this representation) in an amount in excess of $10,000,000. 6.07. Official Statement. The Official Statement relating to the Bonds, dated August 2, 1996, prepared and distributed on behalf of the City by Ehlers and Associates, Inc., is hereby approved. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Section 7. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the original purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2 -12 promulgated by the Securities and Exchange Commission (the "SEC ") under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2 -12), relating to continuing disclosure (as in effect and interpreted from time to time, the 'Rule "), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds (as hereinafter defined). The City is the only "obligated person" in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in • respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this Section 7, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this Section 7, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this Section 7 constitute a default under the Bonds or under any other provision of this resolution. As used in this Section 7, "Owner" or "Bondowner" means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any 'Beneficial Owner" (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, 'Beneficial Owner" means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. As used herein, • -19- "Outstanding " means when used with reference to Bonds means all Bonds which • have been issued and authenticated by the Registrar except (i) Bonds which have been paid in full (ii) Bonds which have been cancelled by the Registrar or surrendered to the Registrar for cancellation and (iii) Bonds which have been discharged as provided in Section 5 hereof. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 270 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 1996 the following financial information and operating data in respect of the City (the "Disclosure Information'): (A) the audited financial statements of the City for such fiscal year, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting • the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) To the extent not included in the financial statements referred to in paragraph (A) hereof, the information with respect to the City for such fiscal year or for the period most recently available of the type set forth below, which information may be unaudited, but is to be certified as to accuracy and completeness in all material respects by the fiscal officer of the City, to the best of his or her knowledge, which certification may be based on the reliability of information obtained from governmental or other third party sources: Current Property Valuations; Direct Debt; Overlapping Debt; Debt Ratios; Tax Levies & Collections; Net Tax Capacity Rates; Population Estimates; Employment /Unemployment; Larger Employers; and Larger Taxpayers. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date -20- unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (b) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) of this subsection (b)), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. • If the Disclosure Information is changed or this Section 7 is amended as permitted by this paragraph (1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non - payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax - exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; -21- (1) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a "Material Fact" is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a "Material Fact" is also an event that would be deemed "material" for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (1) of this subsection (b) at the time specified thereunder; (B) the amendment or supplementing of this Section 7 . pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under paragraph (2) of subsection (d); (C) the termination of the obligations of the City under this Section 7 pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph (1) of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the "State Depository "), if any; -22- • (2) the information described in paragraphs (2) and (3) of subsection (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or (2) of this subsection (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term; Amendments; Interpretation. (1) The covenants of the City in this Section 7 shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this Section 7 shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this Section 7 will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or • laws successory thereto or amendatory thereof. • (2) This Section 7 (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (3) of subsection (b)) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this Section 8 as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. -23- If the Disclosure Information is so amended, the City agrees to provide, • contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This Section 7 is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. Section 8. Authorization of Payment of Cerrain CQsts of Issuance of the Bonds. The City Finance Director is hereby authorized and directed on the date of issuance and delivery of the Bonds to pay from the proceeds of the sale of the Bonds, deposited in the Construction Fund the fees and expenses of the following persons incurred in connection with the issuance of the Bonds up to the maximum amount set forth opposite the name of such person upon receipt by the City of a satisfactory statement therefor: Service Maximum Payee Perf_� Amount Ehlers & Associates, Inc. Minneapolis, Minnesota Financial Consultant Moody's Investors Service, Rating of Bonds Inc. The claims of the above persons up to the maximum amount set forth opposite the name of such person is hereby approved and no further action of this Council shall be necessary in connection with the payment of such fees and expenses of issuance of the Bonds. Attest: City Administrator -24- Mayor • 0 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following Councilmembers voted in favor thereof: and the following Councilmembers voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the City Administrator. 0 0 -25- C 1 I LIXICIIJIM Resolved that the City of Hutchinson enter into Contract Number with the state of Minnesota, Department of Transportation, to provide public transportation service in the City of Hutchinson. Further resolved that the City of Hutchinson agrees to provice 40 percent of the total operating cost from local funds and 20 percent of the total capital costs. Further resolved that authorization to execute the aforementioned Contract and any amendments thereto is hereby given to the Mayor or the City Administrator. Further resolved that the City Administrator or the Finance Director is hereby authorized to execute requests for reimbursement from the Minnesota Department of Transportation. Marlin Torgerson, Mayor ATTEST: Gary D. Plotz, City Administrator CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the Hutchinson City Council at a duly authorized meeting thereof held on the 13th day of August, 1996, as shown by the minutes of said meeting in my possession. Name Title 0 • RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Resolution No. 10718 WHEREAS, The City of Hutchinson Police Services and the McLeod County Sheriffs Department are continuously seeking ways to improve cooperation in law enforcement services in McLeod County; AND WHEREAS, The Minnesota Department of Public Safety through its' "SAFE AND SOBER" Program has specific grant monies available; AND WHEREAS, The City of Hutchinson Police Services and McLeod County Sheriffs Department have developed a cooperative enforcement program which meets the criteria of the grant program; AND WHEREAS, The McLeod County Board of Commissioners has authorized the City of Hutchinson to serve as the fiscal agent; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That the City Council authorized the Hutchinson Police Services, in • cooperation with the McLeod County Sheriffs Department, enter into a grant with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project titled "Safe and Sober Communities ", during the period October 1, 1996, through September 30, 1997, in the amount of $23,200.00 (federal share). 2. That the City Council authorizes the Director of Police /Emergency Management Services to execute such agreements as are necessary to implement the project on behalf of the City of Hutchinson. Adopted by the City Council this 13th Day of August, 1996. City Administrator 11 Mayor � —1,06' r-� County of McLeod 830 11th Street East Suite 106 Glencoe, Minnesota 55336 Fax (612) 864 -3410 COMMISSIONER RAY BAYERL COMMISSIONER ELOI A. HAMRE COMMISSIONER BEV WANGERIN 1 st District 3rd District 51h District Phone (612) 485-2181 Phone (612) 562 -2129 Phone (612) 587 -6869 20778 Cable Avenue 600 Mobray - P O. Box 125 19369 Judson Circle - Lester Praine MN 55354 Stewart . MN 55385 Hutchinson, MN 55350 COMMISSIONER MELVIN DOSE COMMISSIONER SHELDON NIES NAN CRARY 2nd Disincl Phone (612) 864 -3304 41h District Phone (612) 587 -5117 County Administrator Phone 10782 State Hwy 261 1118 Jefferson Street South (612) 864 -1324 Courthouse Glencoe. MN 55336 Hutchinson. MN 55350 Glencoe. MN 55336 RESOLUTION / 96 -CB -41 AUTHORIZING EXECUTION OF AGREEMENT BE IT RESOLVED, that McLeod County Sheriff's Department enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE & SOBER COMMUNITIES during the period from October 1, 1996 through September 30, 1997. Duane Kopesky, Sheriff of McLeod County, is hereby authorized to execute such agreements as are necessary to implement the project on behalf of McLeod County. BE IT FURTHER RESOLVED, that Steve Madson, Hutchinson Police Department, is hereby authorized to be the fiscal agent and administer this grant on behalf of the McLeod County Sheriff's Department. I certify that the above resolution was adopted by the McLeod County Board of Commissioners on Julu 30,199E — - IGNED: (Signature) McLeod County SheKi f I " - I' Cf(4, (Date) WITNESSETH: (Signature) McLeod County Board Chair (Date) s- 9 • N,4W �-� I" %4Minneso rt fb= c S c a A #pliCafp oSO `f Kh Agency (ies) Hutchinson Police Department, McLeod County Sheriff's Department Lead Agency: Project Director's Typed Name: 'Hutchinson Police Department Chief Steve Madson Project Director's Mailing Address 10 Franklin St. Std Hutchinson, MN 55350 Director's Tel pho Directors FAX 320 -587- 42 320- 587 -6472 Projec Peri Sta Date: Oct. 1, 1996 End Date: Sept. 30, 1997 Sign cure t e Pro'e rector Title Date e P irecto Chief of Police "-- ow Via su. ro .the o"�ta a statements �_ Completed Resolution to apply for and expend Safe & Sober grant funds is attached. _\ Resolution is in process. Briefly indicate where in the process the resolution is e. P ( g., on the next meeting's agenda; awaiting additional council hearings; etc.) and an approximate date when the resolution will be complete. If more than one agency, indicate where in the process each resolution is. Resolut n i it Chief of Police and scheduled for approval by Hutchinson City Co n 06 -96. Pesolu is wit McLeod ounty Sheriff Duane Ko eskv and is t^ be approved b' _cL Count-, card of ommissioners. Si natu f, e P irecto Date L Return completed proposals to: Safe & Sober Campaign Minnesota Department of Public Safety Office of Traffic Safety . 444 Cedar Street Suite 100 -13, Town Square St. Paul, MN 551 01 -21 56 J/- SAFE & SOBER PROJECT PROPOSED BUDGET Lead Applicant Agency: Hutchinson Police jeo, mkt Proposed Federal Bud et Onl Federal Safe & Sober Budget Summary Category Federal Amount Percent {Federal amount divided by federal budget total) 1. Overtime Enforcement Hours Budget $ 23, 1-00 2. Discretionary Budget $ 1,900 8 Federal Budget Total $ 25,100 100 Note: Federally paid overtime enforcement hours should equal at least 85% of the total federal budget. On all the following budget forms, "federal share" refers to the amount of money you are seeking in Safe & Sober grant funds and "Agency share" refers to the cost commitment by your agency or Private sources. The column "total cost" refers to the sum of the federal share and the agency share. Part 1: OVERTIME ENFORCEMENT HOURS Group' Overtime Fringe Number of Total cost Federal Agency rate/hour hours share share McLeod County s0 /0 25.00 0 384 9,600 9 600 0 Hutch PD /OT 25.00 0 544 13 600 13 600 0 ec Event OT /Hutt 25.00 0 287 7 175 0 7 175 L ke Bonanza Educa 25.00 0 10_ 2,550 0 2 550 Total overtime 'Rank $32,925 §23,200 $9,725 or seniority -- groupings of officers with similar salaries PART 2: DISCRETIONARY BUDGET Summary' of Discretionary Budget Purpose Federal Share Local Share Total Cost Administration 0 Equipment 15 523 15 528 Operating Travel 910 �_)? L 1,000 0 1 0 Incentives TOTAL $ S 1,900 1c,480 18,190 Detailed on following page i� L Pr"Icm Idenlifleation McLeod County is located adjacent to the seven- county, metropolitan area, bordering Career County's Nest side, The total area of the count% is approximateh 600 square miles. and the population is 32.824. Hutchinson is the largest commtmit� in McLeod Countv with a population of 13.000. It has been identified b% the state demographer's office as one of the fastest growing cities in greater Minnesota. Historically, McLeod County has been agriculturally based, however, there continues to be a steady growth in the industrial job market. Hutchinson is the home of Hutchinson Technology Inc. (HTI), a private company that produces approximately 90 percent of the world's suspension drives for computers. The city is also the home of one of the largest 3M Co. plants in the world. The two companies boast a combined employment base of nearly 5,000 people. Among those are both local residents and commuters. Hutchinson is also the economic hub of McLeod county. Many- county residents commute to Hutchinson even day to work, shop. and spend their leisure time. The primary highways in the county are state highways 7, 15 and 22 and U.S. Highway • 212. State Highway 7 and U.S. Highway 212 are the main arteries into the metropolitan area. State highways 15 and 22 are the main arteries to the north and are extremely busy on holidays and weekends throughout the year. Highway 7, with its two -lane design and numerous cures and hills, presents one of the main traffic safety problems within the county. The combination of the highway's design and the increasing amount of traffic from the metropolitan area has led to a number of fatal accidents. Highway 7 is scheduled for reconstruction, a project that is designed to help alleviate some of the problems created by its design, but until then. additional enforcement is our only tool to counter the deadly combination of speed and lack of seat belt use. There have been 15 fatalities on Highway 7 in the last five ears. Last year alone, there were six fatalities and 342 injuries in AN ing motor vehicle accidents countN wide. Other problems law enforcement agencies regularly encounter are impaired drivers and youth-alcohol- related offenses. The number of arrests for D'�ld offenses have nearh_ doubled in Elie cite of Hutchinson since 1993. 0 A growing trend % %ith people younger than the legal drinking age is organizing their --)6. 6!0 Parties in remote, niral arras of the county. After attending the parties, these same individuals try to drive horse. The sheriff's department cannot possibly coyer such a wide physical area %%ith • its regular patrol. Overtime hours and extra[ cnlivicentent are crucial in creating a highly visible la%k entixcement presence, thereby demonstrating to these individuals that the chances of getting caught are high. When DWI checkpoints xt ere permitted. mcl.cod County had a strong show of support from them. In one checkpoint alone, there were six DUI arrests and another 20 alcohol- related citations. During special events, such as youth and adult dances and community -wide celebrations, law enforcement agencies have made numerous arrests for alcohol - related offenses after the event has shut down. The problem we have experienced is that when an officer makes an arrest, the processing of that individual requires that officer to be out of service while additional offenders are left unchecked. McLeod County is ranked higher than the state average in four out of the five categories. One of the most disturbing statistics is the county's ranking of 81 for deaths involving failure to use seat belts. McLeod County ranks 29th stateAide in alcohol- related deaths and injuries per 100.000 residents, and 70th per 100 million miles traveled- Both of these figures are above the state average. • nbjectivcs • There are two main ohiecti%es for Our proposed Safe & Sober campaign program in 1997. The first is to increase DWI arrests by 10 percent. The second is to increase seat belt use b% 10 percent. Data on the second would be ohtained by taking informal surveys on the main highways. state highway 7. 15 and 22. and U.S. Highway 212. and within the city of Hutchinson. During our Safe & Sober ov enime enforcement we will also strive to achieve the contact goals. Both the McLeod Count} Sheriffs Department and the Hutchinson Police Department have eery dedicated. aggressive officers. and we feel these goals will not only be attained. but likely exceeded. By the end of the campaign, our ultimate goal is to see a drop in our ranking for fatal accidents compared with state averages. It is hoped that by increasing enforcement, we will be able to decrease the average speed and increase seat belt usage. This combination should have a positive effect in helping us reach our goal. • n U Description of .activi(ies U The cit) of I lu (Chin son and its police depart ment have ah%a%s been committed to education as the first line of defense. The most visible indication of that commitment is the Police Departments full -time school liaison officer and full -time intervention officer. The two share the duties of teaching Drug Abuse Resistance Education (D.A.R.E.) and CounterAct curriculums in the public and private schools. They also work with at -risk youth to prevent them becoming serious offenders. These officers also work closely with families and with McLeod County Social Services to ensure that the youth of the community are provided with safe environments and to help families find resources to help them through difficult times. The Police Department's dedication to protecting and educating the community's youth is also evident in its safety education programs. An example of this is the overtime hours the department has dedicated during the last two years to enable the Hutchinson Police Department Mountain Bike Patrol to teach the rules of bicycling and in -line skating, and also how to bicycle and in -line skate more safely. For the last two years. the department has hosted a "Bike and Blade Bonanza." The program is focused on children and allows them to receive a free bicycle • equipment safety check . The children also participate in an obstacle course that teaches them how to ride safely and how to handle hazardous situations they ma} encounter while biking or skating. Community support for this program has been exceptional. Everyone who has attended the event for the last two years, both children and adults, who did not have a helmet, has received a free one. More than 500 were given away in the last two years. In fall of 1996, the department is planning a program to teach school bus safety to kindergarten students, many of whom have never ridden a bus. The local media has proven to be extremely supportive of the department's programs and has printed and aired every request the department has made involving past Safe & Sober events. Patrol Officer Eric Kilian of the Hutchinson Police Department has worked with the local newspaper. the Hutchinson Leader, to educate area residents on the Safe & Sober campaign. Kilian has also worked with two local radio stations. KARP Radio and KDUZ Radio. both of which have dedicated air time for public safety messages. McLeod County Sheriffs Depute \iron R iemiller will be working with another area newspaper during the Safe & Sober • campaign to ensure all county residents are aware of both the goals and the results of the project. • Kilian, a I lurchinson Iligh School graduate and former member of Students Against Drunk Driving (S.A.D.D.), will be working closely with the local S.A.D.D. chapters to increase awareness among area youth about the elTects of impaired driving. Wiemiller, a Winsted native, has maintained contacts with youth and schools in the eastem portion of McLeod County. Together, the two have a strong support and resource system within the county to assist with the Safe & Sober campaign. 11 n U Period one: Impaired Drivine Prior to the start of the campaign. the McLeod*County Sheriffs Department and • Hutchinson Police Department will work with the local media to publicize plans for the upcoming holidaN season. This will ensure that residents know law enforcement officers will be out working on the campaign. and they will know whx. The plan is to implement four (4) overtime shifts on each Friday and Saturday night. Two of the shifts will be from the McLeod County Sheriffs Department and two will be from the Hutchinson Police Department. Included in this plan are week nights that present a high probability for people driving impaired, and also New Year's Eve. The overtime shifts will begin at 8 p.m. and end at 4 a.m. This is to ensure an adequate law enforcement presence long after the area bars have closed. The plan includes working "saturations" involving the entire county. Concentration will be the major state and county highways. There will also be a "zero - tolerance" rule in effect. At the end, we will inform the media of our statistics during the program, statistics will be maintained for just the Safe & Sober campaign, separate from the routine patrol. • Period 2: Youth As stated previously, the plan is to focus efforts on Friday and Saturday nights during the Safe & Sober campaign. There are five school districts located either entirely or partially within McLeod County, and each district has its own prom celebration. The plan is to saturate the area of a school hosting a prom and the city of Hutchinson. Previous contacts with vouth have revealed that a large number of students from other school districts gather in Hutchinson on Friday and Saturday nights throughout the year. The time period for this would be from ? p.m to 3 a.m. This ensures law enforcement officers are present while the students are tra%eling to and from their dinners as well as after the dances have ended. Additional day shifts are also planned during Memorial Dav weekend which is historically a busy traffic weekend. Safe & Sober literature will be distributed to the schools %%ith the helpof the S. -y -[) 1). chapters throughout the year and prior to prom. • As stated previously. zero- tolerance will be in effect. • Again. each day will consist of approximaick li)ur shifts, two from the Hutchinson Police Department and two from the McLeod County ShcritTs Department. Iva I- =I As with the other portions of the program, the media will be contacted before and after the campaign. Approximately four extra shifts will be used each day. Those shifts will cover every day of the July 4th holiday weekend, and a mix of day and evening shifts will be used. This will enable officers to promote safe driving throughout the day. Many people travel through the county during the day enroute to cabins, lake homes and campsites in the northern part of the state. However, the county has its own share of lake activity during the Fourth of July weekend. The night shifts will promote safe driving for those individuals who celebrate within the county. Most of the patrol activity will focus on the west side of the county where there are two county park campgrounds. A zero - tolerance policy will again be in effect. Once again, the media would be contacted both before and after the campaign. This portion of the plan will involve approximately four shifts per day. The major concentration will be during the Labor Day Weekend. Once again, we will work a mix of day and afternoon shifts, thus providing ample coverage throughout the weekend. The other enforcement period is the weekend prior to Labor Day, and a couple of weekdays. This will allow us to determine seat belt usage during "normal" traffic conditions i during the .reek) versus during holiday traffic weekends. The efforts will include rural and urban enforcement. As with all of the other efforts. a zero- tolerance policy will be in effect. Other enforcement areas would possiblN include saturations during, community -based • celebrations such as Hutchinson's JayCee %'arer Camival in June. Sii�er Lake. Pola- Czech} Days in August. and other special events throughout the year. These would be run with the same specifications as the other saturations. I he percent of overtime ouside the Safe R Sober • windows will only he about 5 percent. Each period has roughh the same amount of coverage. The youth period has more than the rest due to the greater number of weekends invoked and the number of school districts within the county. In the last five years. there have been a significant number of new officers added county- wide. This would be a tremendous opportunity for everyone to get to know one another and should also help in building camaraderie between different agencies. The cost of dispatch and supervisory services for this program would be paid for by the departments. • • Training needs • All officers With the Hutchinson Police Department have been trained in the Standardized Field Sobriety Testing (SFS'F) course. Most of the Mcl,cod County Deputies have been trained in SFSI as well. All of the Hutchinson Police Department officers and most of the McLeod County Sheriffs Deputies need to take the Occupant Protection Usage and Enforcement (OPUS) course. Officer Kilian has received approval from Chief Steve Madson to have the Hutchinson Police Department host an OPUE class. With this class, we would satisfy the training needs for the Hutchinson Police Department and McLeod County Sheriffs Office. Officers who have not been trained in SFST will be attending that class as soon as one is available. Chief Madson stated the department will host a class regardless of whether the two departments receive the grant. Also. there will be two representatives from each department who will attend the Safe & Sober workshop. Money for this is available in the discretionary budget. 0 • Evaluation All contacts Hill be recorded on computer through the McLeod County and Hutchinson Police Department dispatch. Officers who work on the Safe & Sober overtime campaign \\ill be required to keep a log during their overtime shifts. This will enable us to accumulate accurate statistics and to track our progress during the campaign and to determine whether the program is meeting the stated objectives. It will also allow us to track the results of our pre- and post- seatbelt surveys and our informational releases. • • Reports and Plans • Depuly Wiemiller and Officer Kilian will take responsibilitc for submitting all necessarc paperwork during the Safe & Sober campaign. Final plans will be submitted before each step is implemented. The dates for these are November 22. 1996. March 26. 1997: June It. 1997. and August I. 1997. \\ "e will also submit a plan prior to any enforcement outside the Safe & Sober periods. We will turn in progress reports after the conclusion of every enforcement period. They are due January 13. 1997; June 10. 1997; July 23. 1997: and September 13. 1997. We will submit progress reports after the conclusion of any outside enforcement campaigns. We will also turn in the results of the informal seat belt surveys taken throughout the campaign. We plan on receiving assistance through youth organizations and driver's training classes. These surveys will be done according to Safe & Sober deadlines. The final report will be submitted by Novemter 15, 1997. • • Equipment fvery patrol deputy with the McLeod County Sheriffs Department has his or her own marked patrol squad. I hese squads are equipped with radar units and preliminary breath testers. The Hutchinson Police Department has six marked patrol squads equipped with radar units and preliminary breath testers. Both the sheriffs department and the Hutchinson Police Department have mobile command posts which can be utilized. Both departments also own intoxilyzer units. The sheriffs department is located on the east side of the county and the Hutchinson Police Department on the west side, which can help in decreasing processing time for DUIs b% enabling officers to take offenders to the nearest available intoxilyzer. • 0 • RESOLUTION NO. 10720 AUTHORIZING RELEASE OF PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO., HUTCHINSON, MN WHEREAS, Citizens Bank & Trust Co. of Hutchinson, Minnesota, a city depository, has requested release of the following security under the collateral agreement with the City of Hutchinson: US Treasury Note 08 -15 -96 $ 500,000.00 (cusip 912827L75) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: • THAT the City Finance Director be authorized to release the requested securities. Adopted by the City Council this 13th day of August, 1996. ATTEST: Gary D. Plotz • City Administrator Marlin Torgerson Mayor �4(0 0 August 9, 1996 C MEMO We have been requested to call for a public hearing on the financing of industrial development bonds for Hands Inc.. The financing will be issued and in the name of Winthrop Minnesota. • Jerry Gilligan, Dorsey Whitney, our bond counsel, is preparing a resolution which would set the date for September 10, 1996 at 6 p.m.. The reason for this public hearing is that while the debt is under the city of Winthrop property is owned in the city of Hutchinson and by IRS regulation a hearing is required. It appears there is no exposure for the City. My understanding consultant from hearing. doC \COMEMI3 isCitr Center 111 Hassan Street SE Hatchinson, 31h' 55350 -2522 (320) 587 -5151 Fax(320)234 -1210 is representatives from Hands Inc and a financial Fahey Ward & Wiles Inc. will be present for the Parks & Recreation 900 Harrington Street Sli llatchinson,ll.V 55750 -3097 (320) 587.2975 Fax (320) 234 -4240 Printed on recrrlad paper - Police Senvrecs 10 Franklin Street S1$ Hutchinson, 11.A' 55350 -2464 (320) 587 -2242 Fax (320) 587 -6427 ..., o,a "h�hl Hi UEI CERTIFICATE CITY OF HUTCHINSON I, the undersigned being the duly qualified City Administrator of the City of Hutchinson, Minnesota, hereby attest and certify that- 1- As such officer, I have the legal custody of the original which the attached resolution was transcribed. record from 2. I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. 1 find the attached resolution to be a true, correct and complete copy of the original: RESOLUTION NO. 10721 RESOLUTION RELATING TO A PROJECT ON BEHALF OF HANDS, INC. UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING TITEREON 4. I further certify that the affirmative vote on said resolution was ayes' nayes, and absent/ abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Administrator and the seal of said City, this day of 1996. (SEAL) Gary D. Plotz, City Administrator *�UU' A • 1, . ... _ ..,.. _ I „ llutkaL . aLl ?L1 • RESOLUTION NO. i 0 7 21 _ RESOLUTION RELATING TO A PROJECT ON BEHALF OF HANDS, INC. UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the "City "), as follows: SECTION 1 I.I. Representatives of Hands, Inc., a Minnesota nonprofit corporation (the "Corporation '% have advised this Council of their desire to refinance all or a part of the outstanding indebtedness previously incurred by the Corporation to finance the acquisition and improvement of facilities of the Corporation in the City and in the City of Winthrop, Minnesota. 12. The City is authorized by Minnesota Statutes, Sections 469.152 through 469.165 (the "Act'), to issue its revenue bonds to finance capital projects consisting of properties used and useful in connection with a revenue - producing enterprise. The Corporation is proposing that the City of Winthrop issue its revenue bonds under the Act to refinance the indebtedness of the Corporation incurred to finance the acquisition and improvement of the facilities of the Corporation in the City and in the City of Winthrop. The consent of the City is required in order for the City of Winthrop to issue bonds under the Act to refinance indebtedness incurred to finance facilities in the City. SECTION 2 2.1. The Act requires that this Council conduct a public hearing on the proposal that the City of Winthrop issue bonds to refinance the indebtedness of the Corporation. Section 147(f) of the Internal Revenue Code of 1986, as amended and regulations promulgated thereunder, requires that prior to the issuance of the Bonds, this Council approve the issuance of the Bonds, after conducting a public hearing thereon. A public hearing on the proposal to undertake and finance the Project is hereby called and shall be held on September 10, 1996, at 6:00 o'clock p.m. The City Administrator shall cause notice of the public hearing to be published in the official newspaper of the City and a newspaper of general circulation in the City, at least once not less than fourteen (14) nor more than thirty (30) days prior to the date fixed for the public hearing. 0 ,]aud .. u,h DLI n :Itl 411004 Adopted by the City Council of the City of Hutchinson on this 13th day . Of August, 1996. Attest City Administrator (SEAL) Mayor 0 -2- 0 0 E 4OW4K *yd RESOLUTION NO. 10722 APPROVING PUBLIC AUCTION OF CERTAIN PROPERTY WITHIN CITY OF HUTCHINSON AND REINSTATING SPECIAL ASSESSMENTS ON TAX FORFEITED LAND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the following property has been declared tax forfeit by the McLeod County Auditor. THAT the following property is authorized by this City Council to be sold at public auction. THAT the following property has assessments which have been unpaid and declared delinquent THAT the city wishes to reinstate all delinquent assessment against the following parcel including interest from time of delinquency That the property declared delinquent by the McLeod County Auditor is described as follows: Lot 3 Block 1 California 2nd Addition 23.312.0030 Lot 4 Block 1 California 2nd Addition 23.312.0040 Lot 5 Block 1 California 2nd Addition 23.312.0040 Lot 8 Block 1 California 2nd Addition 23.312.0080 Lot 9 Block 1 California 2nd Addition 23.312.0090 THEREFORE City hereby reinstates all assessments and delinquent charges against the above described property from the Page 2 Resolution no. 10729 date said property first became delinquent with interest added from said date. Adopted by the City Council this 13th day of August 1996 Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator 0 0 0 ST. ANASTASIA CATHOLIC CHURCH • City of Hutchinson Fee: APPLICATION FOR BINGO LICENSE Approved by: Building Fire Application shall be submitted at least Police days prior to the bingo occasion I, flF_NV&Q C- &Qe62 AND I, �� yCrcj IV3TZ --4 Name of Authorized Officer Name of Designated Bingo Manager Hereby submit in duplicate this application for a license to conduct the game of bingo in accordance with the provisions of City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 for the license year ending ature Authorized Officer of Organization Zthe ignate Bingo Manager A. The following is to be completed duly authorized officer of the organizations: 1. True Name: YFC !L l • last A l fC irst middJ�e�,� 2. Residence Address: O L,¢er S mow- CCl/N��✓ / t/ street city state zip code) 3. Date of Birth: 3 S 4. Place of Birth / �- (mo. day ear) city & state 5. Have you ever been convicted of any crime other than a traffic offense? Yes NO If yes, explain B. The following is to be completed by the designated bingo manager of organization: 1. True Name: r<< last first middle 2. Residence Address: 7'�ST, i�til1L9�✓/11N�'�3�C street city state zip code) 3. Date of Birth: S _ -- 3 g 4. Place of Birth:. //A/. (Mo., day & year) city & state 5. Have you ever been convicted of any crime other than a traffic offense? Yes — NO If yes, explain R Cb cD $ 6. How long have you been a member of the organization? CI CI iR 7. Attach a copy of the official resolution or official action designating you bingo manager. C. Game Information: 1. Place where bingo games will be played, gStAS f 4 • 2. Date or dates bingo will be played 3 yf7r (date and or day s of week) 3. Hours of the day bingo will played: From L_C:� to Ay —� 4. Maximum number of players P.M. 5. Will prizes be paid in money or merchandise? O!1 Sf� 6. Will refreshments be served during the time the games are being conducted? Yes No If so, will a charge be made for such refreshments? Yes NO D. Organization Information: 1. Address where regular meetings are held _�(� LAKC— Sf• - {�UrCrfll� /. 2. Day and time of meetings 3P0 3. Is the applicant organization organized under the laws of the state of Minnesota? Yes � No 4• H6w long has the organization been in existence? 4a. How many members in the organization? - -� 5. What is the purpose of the organization? 1GiCjcrs • 6. Officers of the Organization.: Name Address Title - 7y67C -•V -so AJ 01} PA �ti a2- .� niYl NONF� �' �C 7. Give names of officers or any other persons paid for services to the organization: Name Address Title • • • D. Organization Information: (Continued) 8. In whose custody will organization records be kept? Name � r s LYC'� /_ -r Address 41(yG L ,4VE Si - 464r -crli iliv 9. If the organization carries sufficient insurance to compensate the players in the event any injury is sustained by players whi_- participating in the bingo game, or while on the licensed premises, please state the Name of Insurer (}}Rklle /447 -604and Policy No. 10. Have you (1-tanager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation of bingo games? 11. Attach a list of all active members of the organization. E. The following information is provided concerning a fidelity bond given by the bingo manager in favor of the organization: 1. Name of bonding company C,aTHCI-+(` illur0A 2. Address of bonding company 3. Amount and duration of bond 4. Application is hereby made for waiver of the bonding requirements. Yes No I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance NO. 655 relating to bingo, and I will familiarize myself with the contents thereof. Signature of authorized officer of organization. Date: Subscribed and sworn to before me a notary public on this Day of , 19_ Signature of Notary Public Commission expires on Subscribed and sworn to before me a notary public on this Day of 19_ Signature of Notary Public Commission expires on 0 E suoiLr-TERN $50.00 JYITI" RETAIL "ON SALE" otate of AftitIC150ta, COUXTY OF ,, 4c­L­e.o,d.. City Hutchinson of _1 � . .. ...... To the City Council of the City of Hu.t.c..hi.n,s.o.n..... .. . ... I State of Minnesota: hereby appli 45_for a lloewe for the term of...- J. (,J0­­_,C.. V..7 from the dayof.. ......... ... . ..... 0 At Retail Only, Non-Intoxicating Malt Lkaors, as the came are defined by law, for consumption "OX" lbage *plain promises in tho, .- . . I I . . . ...... ... . . ......... . . . Clay_.... . _..........of ...... --.Ji,,t,hjn,,n - - ------ described " follows, to-wit: 0A q..LA & L f at which place ,,aldapplicant__. operate.. and to that end represent. and state. -as follows: That said applicant _._...._.._is.. 4 of the United sfofW; of good moral oharaot4;r and repute; and ha5 .... attained the age of f1 years; prvpritar_,f the establishment for which the license wUl be iarwad if this application ij granted. That W manufacturer of such ncn intozieatinjj mail liquors has any ownership, in w" air iiw part, in said lnidbspe of said applicant... or any interest therein; That said applicant ....make. _.this application pursuant and rabjea to all the laws of the Stats of s,d the —dinar., and of wH applicable thereto, which are hereby made a part hereof, and hereby obeerv, and obey the same; (e . tea.. I.a . V .. a r...1 rw.r.[r.) Recommend approval with restrictions and requireme the past. Driver's License I.D. to be required for purchase.� j Steve Kadson—,--Police Chief Each applicant further states that —he is not noa, the holder of, nor has --he made application for, nor does --he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor. 1 Dated._._ 19_ • P. O. efddreaw ......... . . 4-2), • 0 • /- Form No. 2J6- erd..e.M r.. au �s.. dneu RETAIL "ON SALE" �tJ I Jl1L o 0 FM fltate of Ainne5ota, COUXTY OF McLeod . To the City Council OF of the Cit ). ..................._._....of.. Hutchinson .... .. ..... _ .............. State of Minnesota: McLeod County Agricultural Association hereby aPPi -_.for a liocnse for the term. of 5 ... Days . - ___...- -- _ . _ ..... ... .._.__. from the _ -_..A th ... _ _... ...... day of.- _. ... August_..._._ -__ ....... 1895__, to Sal At Retail Only, Non - Intoxicating Malt Liquors, w the same are de fined by law, for conau.mption "Oh"' those eeviain premises in the _..._- ._.._.._ .__......_.._ .. .....____ ...... ____._ __.... City .... .... . ... .._._.of ._.._....Hutahlnsan..__ ... described a, fallowa, ea- wu:...._ McLeod _Count y. F.a.%.rgr.0 s...-_.. 8. egr__ G. a.rdee_- _- ..- --- ,.-- -.._.___... at which place said applicant, ..... operate bu4l s of.._. Sall .ing..dn- Sale_ tpal.i...l.iquors---- .._...._._ and to that end represent._.. and etaia__..a foiloeos: That said applicant _...._._ is- a..._. _._._. _- _eitixn......_of the United States; of goad moral ellaraetsr an4d repute; and ha _...attained the aje of 21 years; that_. ..__. ._ ........ ._._...propridoroJ the establishment for which the license will be issued if this application is granted. That no manufaetarw of such non- intaeicatin( molt liquors has any aanershlp, in whole or in part, in said business of said applicant .. or any interest therein; That said applicant .... make ... this application pursuant and rub /eel to all the kuse of the Stale of .tlinnesota and the ordinances and rejuiationS of _ ---------- -- ...._— ...... applicable thereto, which are hereby made a part hereef, and hereby aQree._-to obseroe and obey the same; ... ._ ..........................___ ..__....__.._._..._. .- _...__...__-- ..._ ..... _ ..... _ IHw .w w rgW,a.ru u ur. i 4mI �.NY1ae) Recoamiend approval with restrictions and requirements as in the �ast. —� Driver's License I.D. to be required for purchase. Steve Mddson, Police Chief Each applicant further states that —he is not now the holder of, nor has—he made application for, nor does _he Intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor. Datsd __July. 30 199.6.- - -, - -. 18,__ -F Ric. �Q/ Mrl eod o B1 v Aaric,Yjtu t soclation - dppllemst...... P. O. dddaess. P:O.•__. Box 142 6.350_.._._._.. —_- ze7 BESIDENTIar FURCHI-8E AGREEMENT •this THIS RESIDENTIAL PURCHASE AGREEMENT is made and entered into day of August, Lorraine Wright, Selers and the City Oft Hutch Hutchinson, Wright municipal corporation, Buyer. ght and a Minnesota RECITALS: I. Lorraine Wright and Norman Wright are the fee owners of certain real estate located at 196 Third Avenue North, Hutchinson, Mn. 55350, legally described as follows: Lot 91 Block 29, excepting railroad right of way thereof, North One Half of the City of Hutchinson. Property Identification No. 23- 0870 - 000 -01, Identification No. 23- 423- 00- 00 -00. Property 2. Norman D. Wright is the owner of certain real estate located at 186 Third Avenue N.W., Hutchinson, Mn McLeod . 55350, which property is located in County and is legally described as follows: Lot 8, Block 29, North One Half of the City of Hutchinson. Property Identification No. 23- 0869- 000 -01, Property Identification No. 23- 0423- 00- 00- 00 -00. Of Hutchinson Norman Wright chinsonwithan unsolicitednoffergto sell the above described Property to the City of Hutchinson and the City desires to accept the offer to sell the property. 4. The parties hereto have entered into this written purchase agreement to memorialize this transaction. NOW THEREFORE, for good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the parties do agree as follows: 1 • FER AND ACCEp r n u[ F agrees to Sellers offer to sell and Buyer Purchase the above described real estate located in the County of McLeod and State of Minnesota. Sellers may remove any personal property or fixtures from the property so long as the structural integrity of the buildings located on the above described real estate is maintained. Any fixtures or personal property remaining on the premises on the date Buyer takes Possession shall be the property of the Buyer and the Buyer shall be entitled to dispose of said property in whatever man er it sees fit. �-,,� {i.Crcc; ?e5 ?n�:: �7e ✓,o�.�( �J /o Elf /h 2. PRICF ANn S. Vl[ ETLq � property included in this sale is Six e /elr, c SixThousand and no /100 Dollars ($6,000.00) which Buyer shall pay by check in the full amount on 11(i the date of closing. -1- 3• DEED AND ARxETABLE TIT F deliver a general warranty deed," Sellers shall execute and parties holding an interest in spouses and other described property, conveying marketable title, subject to: a• Building and zoning laws, ordinances, state and federal regulations; b. Restrictions relating to use or improvement of the property without effective forfeiture provisions; C. Reservation of any mineral rights by the State of Minnesota; d• Utility and drainage easements which do not interfere with existing improvements; 4• REAL ESTATES AND SPErr 7 pay all real estate taxes due and A AaaFSC7rr,ame Sellers shall and 1997. Buyer shall a Payable in calendar years 1996 subsequent pay all real estate taxes in 1998 and years. Buyer shall be responsible for all special assessments payable on or after the date of closing. 5 • E ' R BO fND RY LINF A r�tt R STRlcTgl WA88ANTIES Sellers warrant that buildings, if an Nn r,.� within the boundary lines of the property. Y. are entirely there is a right of access to the real property Sellers warrant that of way. Sellers warrant that there hae een no labor porlmaterial furnished to the property for which payment has not been Sellers warrant that there are no present violations of made. restrictions relating to the use or improvements of the property. Thane warranties shall survive the delivery of the deed. 6. S.ONDITroN OF PROPERTY substance or Petroleum Sellers know of no hazardous P products having been placed, stored or released from the property by any person in violation of any law nor of any underground storage tanks having been located on the Property at any time. Sellers understand that Buyer's obligation to complete this purchase agreement is contingent upon the absence of any hazardous substance or petroleum products and that Buyer may, at Buyer's sole option, withdraw from this purchase agreement if any such substances are present on the premises. Sellers' warranties and representations contain in this paragraph shall survive the delivery of the deed. The property is sold As no express or implied representation or warranties b� with physical conditions, quality of construction Y Sellers as to fitness for a particular purposes. workmanship or 7 - NOTICE DIS[incrro from any Sellers have not received an governmental authority as to the violation of any olaw, ordinance or regulation affecting the property. If the subject to restrictive covenants, Sellers have not rce property ed any notice from any person as to a breach of the covenants. 8. POS ON Sellers shall deliver • property not later than the date of closin which of the agreed shall be October 15, 1996. The g Parties have parties have agreed that Norman Wright shall be permitted to occupy 196 Third Avenue until August 1, 1998. / Sellers shall be entitled to salv ge of 196 Third Avenue no latef than August 1, 1998 in any event As a condition of continued .'occupancy, Norman Wright agrees.' to maintain the property in ,a safe and habitable condition. V- ��L?'G2i;; >h pa55i;j� >; 9. EXAMINATION OF TITTF 9c p Within a reasonable time after he acceptance of this agreement, Sellers shall furnish Buyer with an Abstract of Title or a Registered Property Abstract certified to date including proper searches covering bankruptcies and State and Federal judgments, liens and levied and pending special assessments. Buyer shall have ten (10) business days after receipt of the Abstract of Title or Registered Property Abstract either to have Buyer's attorney examine the title and provide Sellers with written objections or, at Buyer's own expense, to make an application for a Title Insurance Policy and notify Sellers of the application. Buyer shall have ten (10) business days after receipt of the Commitment 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 Sellers' covenant to deliver a statutory warranty deed, unless a warranty deed is not specified above. If no Abstract can be found, production of an Abstract shall be the responsibility of the Buyer. 10. TITLE CORRECTIONS AND REMEDIES, from receipt of buyer's written title Sellers objectsonsl to ake0ti ays i tle marketable. Upon receipt of Buyer's title objections, Sellers shall, within ten (10) business days, notify Buyer of Sellers' intentions to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Sellers shall be reasonable, diligent and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. a. If notice is given and Sellers make title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, and 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 Sellers proceed in good faith to make title marketable but the 120 day period expires without title being made marketable, Buyer may declare this agreement void by notice to Sellers, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. • C. If Sellers do not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Sellers' failure to proceed in good faith, Buyer may -3- 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 (a) shall be limited to the costs of curing objections to 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 Sellers together with costs and reasonable attorneys, fees as permitted by law; 4. Specific performance within six months after such right of action arises. d. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Sellers may elect either of the following options, as permitted by law: 1• Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; 2. Seek specific performance of this agreement within six months after such right of action arises, including costs and reasonable attorneys fees, as permitted by law. e• If title is marketable, or is made marketable as provided herein, and Sellers default in any of the agreements herein, Buyer may, as permitted by law: 1• Seek damages from Sellers including costs and reasonable attorneys, fees; 2. Seek specific performance within six months after such right of action arises. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS AGREEMENT. • 11. RELOCATTON ASSISTANCE Buyer and Sellers mutually agree to the following: -4- a. Sellers hereby understand that Sellers may be eligible for relocaiton assistance, services, payments, and benefits in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, as well as the regulations implementing this Act (hereinafter "URA") and Minnesota Statutes §117.52 and $117.521. b. Sellers acknowledge that relocation assistance, services, payments, and benefits would include relocation advisory services, comparable property referrals, moving payment claims which could include a fixed payment or costs for a professional mover, payment of closing costs for the subject property and the replacement property, mortgage differential payment which compensates an owner for increased mortgage interest cost if a mortgage exists, and a new one is taken on the replacement property, and a housing replacement that would pay for increased costs for replacement property. These and other assistance, services, payments and benefits are provided for per the URA. Subject payments could amount to $60,000.00. C. Sellers acknowledge that they can receive additional information relative to relocation assistance, services, consultantni 800- 553 -2092. However, the if the Sellers do not make further inquiries to the Buyer, or the Buyer's relocation consultant, than they in effect waive any rights per Minnesota Statute 5117.521 and the URA. d. Sellers expressly agree that this provision also applies to any fixtures on the subject property which Sellers may have an interest in pursuant to a lease or by reason of law and which Sellers do not move from the subject property. Sellers will provide a bill of sale if necessary to the Buyer for any fixtures where such an interest may exist and which Seller does not move from the subject property. e. Sellers shall make no further claims to the Buyer involving the relocation from the subject property or for any said fixtures in which Sellers have an ownership interest and that Sellers do not relocate. Sellers expressly declare and agree that all relocation and URA related claims, past, present and future have been settled. Sellers expressly agree that all statements made herein shall bind it, its successors /or assigns. Sellers further release the Buyer from any liability for any additional claims they may be entitled to receive under the URA. f. Sellers have a clear intent to sell the subject property by the Buyer through negotiation and Sellers' intent was demonstrated by the Sellers' solicitation of the Buyer to Purchase the subject property prior to any action by the C&I= Buyer involving property the purchase of said property. g• Sellers expressly state and affirm that Sellers make all statements herein under no threat or duress, and that this clause and provision in this purchase agreement is based on the Sellers' desire to sell the subject property to the Buyer. 12• MINNESOTA LAW, This contract shall be governed by the laws of the State of Minnesota. 13. WELL DISCLOSURE. Sellers certify that Sellers does know of a well on the described real estate. Buyer shall seal said well at Buyer's expense. 14. DEMOLITION, an`n upetherproperty which is a the Buyer ubjectt of this to Purchase agreement. Buyer shall be responsible for all expenses relating to clean up and removal of structures and Sellers shall have no responsibility for any such expenses. Buyer agrees to use its best efforts to save as many trees as possible. Norman D. Wry ght Lorraine Wr ght i CITY OF HUTCHINSON By:_ Its Mayor Attest: City Administrator /7-;,/" Ve /V07-2, 51rfkf Vl� Oc, 07-2, pN Nr SeAr� e K erase : L 1Zae 7�o,d -t� AT rye C, >zy ;cJ ou �� t�4Ke C!li„� a-{ f' •rF�nSe o � %f(e Se��cli .f_ fG i Cc%e WA-Alt -7'1 e 11K/ r` (.0 r`o Qc!` �� vw;l To P (oG , <e i-/ e �iorxl ^ccS� O�tfjrc�C� % P ['�`� rl�Cue UJ,4117' 710 c(U (J� /9) io s MM /V e- r l if to ieloc-"o-7-e- 7� blues tia «-se fa�Uy/ -151) -t -, 6;1e6dfdl O° lJV CS lnl-i i5 4!R c'i��j e/}5 zrOerSe Q-110 �i/iv//tcc 1 TA, , ,$ i3 Very IMP - -7 +O A7T t6 lCS -�O l f- ✓ e- -7`/i ",5 /1 00 CJil( P.�p / "tciaf� T{.�s 'Cry M ,7�r5 I's /'� /(y /Yirsf 9 9 ' CI>11r oo NIrtcNIRSO� do CENTER • 1I1 MASSAN SIREET SE APPLICATION HUTOFUNSOK W1 553%2W FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS 2" x 2" Picture NAME and DRIVER'S ICENSE INFORMATION required _ NAME: Cc014 —IJt • How many days? 0 PERMANENT ADO*�S5: - -DI 1 K PERMANENT TELEPHONE: � 2! - Cqn Tcr�,QR�M�✓ � TEMPORARY LOCAL ADDRESS: TEMPORARY TELEPHONE ACCESS: DRIVER'S LICENSE NUMBER (STATE )_(/ HEIGHT_ WEIGHT_ EYE COLOR_ FEES E LENGTH OF PERMIT REQUESTED Months? Or year? LICENSE FEES ARE AS FOLLOWS: Application Fee of $25 applied towards the following permit fee(s) Solicitors, per day ......... ............................... $ 25.00 Solicitors, per year ........ ............................... $200.00 Transient Merchants, per day ............................... $ 25.00 Transient Merchants, per year .............................. $200.00 Peddlers, per 'Aay ........... ............................... S 25.00 Peddlers, per year .......... ............................... $200.00 BACKGROUND STATEMENT HAVE YOU BEEN CONVICTED OF ANY CRIME, MISDEMEANOR, OR VIOLATION OF ANY MUNICIPAL ORDINANCE, OTHER THAN TRAFFIC VIOLATIONS? YES 6X!E=,NO IF YES, STATE NATURE OF OFFENSE AND PONISHMENT 0 PENALTY ASSESSED THEREFORE: DESCRIBE NATURE OF BUSINESS AND DESCRIBE ITEM OFFERED: r U 1IPmm+ DESCRIBE METHOD OF DELIVERY: DESCRIBE YOUR SOURCE OF SUPPLY - NAME & ADDRESS OF SUPPLIER: A s i PROVIDE TWO (2) MCLEOD COUNTY PROPERTY OWNERS FOR CHARACTER REFERENCES: NAME S ADDRESS: PHONE NUMBER: NAME b ADDRESS: PHONE NUMBER: STATE LAST CITY YOU CARRIED ON SAME ACTIVITY: CITY /STATE NAME: DATE OF ACTIVITY: FROM: -2- TO: � �] L • I hereby certify I have completely filled out the entire above applica- tion and that the application is true, correct, and accurate.* • • I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchant Ordinance No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not ex- ceeding $500 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. Si SfWA,Re of ArDl ifcCnt Dat� • No application will be forwarded to the City Council unless received one week prior to the regular Council meeting completely filled out with required Picture. -3- RELEASE OF IVFOR 'Mo-, As an applicant for a PeddlersiSolicicorsiTransienc Merchants License from t ^e Cit? of Hutchinson, Y,innesota, I am required to furnish inforration wni;:.h that a3' • =ay use in deterrinin moral 3 my , physic =1, recta: and financial q� :3 :_fica- ticns. In this connection, I hereby expressly authorize release of any and all i =- .`or=ation which you may have concerning me, including inf3r=ation of a or.privileged nature. I hereby release the agency with which I am seeking application for license, and any organization, company or person furnishing infor —.i tion to that agency as e�ressly authorized above, from any liability for da =ay ^e which may result from furnishing the information requested. Applicant's Full Printed Vaae: Applicant's Address: Applicant's Birth Date: Applicant's Place of Birth: 0 (Month) Dav) r•_._� Applicant's Social Security No.: Applicant's Driver's License No.: Dat.z: 1—�ac4 M-1 I Pa. ON W � , � / rj CIR OF xurCMlNial 111 ! MNSTREET SE APPLICATION "UTCHINSOKYN 5&1%= FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS 2" x 2" Picture NAME and DRIVER'S LICENSE INFORMATION required NAME: �BjeRE-iJ k(ot�1 cz S . PERMANENT ADDRESS: 10`` 2\3 � � oA�iV4q *`7 PERMANENT TELEPHONE: l b f 2 1 2 2, <{ FSO o ST PAu C � S'SioS TEMPORARY LOCAL ADDRESS: TEMPORARY TELEPHONE ACCESS: DRIVER'S LICENSE NUMBER (STATE)_(/ HEIGHT WEIGHT_ EYE COLOR LICENSE FEES ARE AS FOLLOWS: Application Fee of $25 applied towards the following permit fee(s) Solicitors, Per day ......... ............................... S 25.00 Solicitors, per year ........ ............................... $200.00 Transient Merchants, per day ............................... S 25.00 Transient Merchants, per year .............................. $200.00 Peddlers, per day ........... ............................... S 25.00 Peddlers, per year .......... ............................... $200.00 BACKGROUND STATEMENT HAVE YOU BEEN CONVICTED OF ANY CRIME, MISDEMEANOR, OR VIOLATION OF 15pY� MUNICIPAL ORDINANCE, OTHER THAN TRAFFIC VIOLATIONS? YES NO I/ IF YES, STATE NATURE OF OFFENSE AND PUNISHMENT OR PENALTY ASSESSED THEREFORE: -e'-, FEES & LENGTH OF PERMIT REQUESTED . How many days ?_ Months ?_ Or year?� LICENSE FEES ARE AS FOLLOWS: Application Fee of $25 applied towards the following permit fee(s) Solicitors, Per day ......... ............................... S 25.00 Solicitors, per year ........ ............................... $200.00 Transient Merchants, per day ............................... S 25.00 Transient Merchants, per year .............................. $200.00 Peddlers, per day ........... ............................... S 25.00 Peddlers, per year .......... ............................... $200.00 BACKGROUND STATEMENT HAVE YOU BEEN CONVICTED OF ANY CRIME, MISDEMEANOR, OR VIOLATION OF 15pY� MUNICIPAL ORDINANCE, OTHER THAN TRAFFIC VIOLATIONS? YES NO I/ IF YES, STATE NATURE OF OFFENSE AND PUNISHMENT OR PENALTY ASSESSED THEREFORE: -e'-, DESCRIBE NATURE OF BUSINESS AND DESCRIBE ITEM OFFERED: a DESCRIBE METHOD OF DELIVERY: v 0 DESCRIBE YOUR SOURCE OF SUPPLY - NAME & ADDRESS OF SUPPLIER: L7 1,1 c7 0 PROVIDE TWO (2) MCLEOD COUNTY PROPERTY OWNERS FOR CHARACTER REFERENCES: NAME 3 ADDRESS: PHONE NUMBER: NAME 6 ADDRESS: PHONE NUMBER: STATE LAST CITY YOU CARRIED ON SAME ACTIVITY: CITY /STATE NAME: DATE OF ACTIVITY: FROM: I S TO: 27 • -2- . I hereby certify I have completely filled out the entire above applica- tion and that the application is true, correct, and accurate.* I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchant Ordinance No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not ex- ceeding S500 or by imprisonment for a exceeding 90 days or both, plus, in either case, the co pro No application will be forwarded to the City Council unless received one week prior to the regular Council meeting completely filled out with required picture. OFFICE USE POLICE CHIEF RECOMMENDATION: C U -3- RELEASE OF INFORXATIO.s As an applicant for a Peddle rs /So licitors /Trans Len c )'erchants License from t=e City of Hutchinson, Minnesota, I am required to f_r—.. :sh info ration which that _„y use in deter — .fining my coral, phys'_cal n a: a fi :• a r,anci l oca.__ ca- ticns. In this connection, I hereby expressly authorize release of any and all i=- forration which you may have concerning me, including info ration of a c:nf_'ent =a: or privileged nature. I hereby release the agency with which I am seeking application for license, and any organization, company or person furnishing infor- -ation to that agency as a- pressly authorized above, from any liability for da=age which may result from furnishing the information requested. Applicant's Full Printed Nare: Applicant's Address: Applicant's Birth Date: Applicant's Place of Birth: �Firat) Al I" (uiddIa) was • E" Applicant's Social Security No.: Applicant's Driver's License `:o.: :)at:l G S- (Month) (Day) (`ear) l- O►Q0oN EN�I�kN (City) (State) SJp. • • PUBLICATION NO. 4942 PUBLISHED IN THE HUTCHINSON LEADER: THURSDAY, AUGUST 1, 1996 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN Notice is hereby given that a public hearing will be held on Tuesday, August 13, 1996 during the course of their regular meeting which starts at • 6:00 P.M. in the Council Chamber of City Hall for the purpose of: 0 submitting the Adams Street Small Cities Rehab Grant application. This hearing will be held by the City council of the City of Hutchinson. At such hearing, all persons interested may be heard. July 26 1996 Date K/j Y7, irl I'l tI . T� �/ ' Ll .055 A, SUSSMAN NEAL J. SHAPIRO SAUL A BERNICK' THOMAS O. CREIOMTON SCOTT A. LIFSON OAVIO 1t. NIGHTINGALE' PaVt J OUA5T* THERESA M, KOWALSKI 111111. J. MELTSER .0..RT -, v LOSE BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 1200, THE COLONNADE 5300 WAYZATA 8011EV. -O MINNEAPOLIS, MINNESOTA 5541E -1270 TELEPHONE 16121 5AO -1200 FACSIMILE I612) Sae -1003 Mr. Gary Plotz City Administrator City of Hutchinson 111 Hassan Street South Hutchinson, Minnesota 55350 -2422 Dear Mr. Plow August 7, 1996 4UC :F 1y96 C', _ ALSO AOMITTCO IN WISCONSIN sI_ SC CEATin CO PUeuC ACCOVNIANT L(OAL A55191A111 JO GROWN JOAN M, SCHUL.CRS KATHRYN O, MASTCRMAN Enclosed please find a revised Consent Resolution and Waiver, and a newly negotiated • Merger Fee Reimbursement Agreement regarding the merger of Triax and DD Cable. The revised Resolution and associated Waiver and Agreement ensure the company's payment of your fees related to reviewing this transaction. The enclosed revised documents are acceptable to the cable company. Further, these modifications do not affect the substance of our report. If you have already adopted the original Resolution, please call our office to receive further instructions from me or Robert Vose. After adoption of the enclosed revised Resolution, and after signing the enclosed documents in all places provided for city signature, please send the signed originals to our office. We have already forwarded a counterpart of the Agreement signature page to the merging companies for their execution. We will return a fully executed copy of the Agreement to you once all signatures are secured. Please keep a copy of the Resolution for your records. Please do not hesitate to contact us if you have any questions. Very truly yours, BERNICK AND LIFSI P.A. • Thomas D. Creighton TDC /rs Enclosures cc: Ms. Jane E. Bremer h ` /e^ CONSENT RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FRANCHISEE; SUBJECT AND CONDITIONED UPON COMPLIANCE WITH CERTAIN TERMS AND CONDITIONS WHEREAS, the cable television franchise of Hutchinson (the "Franchise ") is currently owned and operated by DD Cable Holdings, Inc. ( "Holdings "); and WHEREAS, Triax Midwest Associates, L.P. ( "Triax "), DD Cable Holdings, Inc., DD Cable Partners, L.P., and various subsidiaries of DD Cable Holdings, Inc. (collectively "DD Cable ") and certain new investors have entered into a Contribution Agreement dated April 5, 1996 (the "Contribution Agreement ") wherein they will create a new entity ( "Merged Entity") to assume the franchise obligations of Holdings, and Hutchinson (the "Authority") has received a valid and complete request from Holdings for consent to the transfer of control of and certain ownership interests in Holdings (the "Transaction "); and WHEREAS, the Authority has determined that subject to certain conditions which must be met, Holdings possesses the requisite legal, technical and financial qualifications: NOW, THEREFORE, BE IT RESOLVED, that the Transaction is hereby consented to by Authority and permitted subject to the following conditions: 1. Payment by Triax, DD Cable and/or the Merged Entity of all reasonable fees related to this Transaction and incurred by Authority. 2. Triax and DD Cable, inclusive of Holdings, and the Merged Entity shall each execute a waiver of any rights relating to supposed procedural defects regarding the Authority's review of this Transaction; and BE IT RESOLVED FURTHER, failure to comply with Paragraphs numbered 1 and 2 above shall convert this Consent in its entirety to a denial of the Transaction. BE IT RESOLVED FURTHER, no notice of breach or default under the Franchise has been issued by Authority within the past 12 months and none is outstanding; and BE IT RESOLVED FURTHER, that the Merged Entity may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the Franchise (the "Collateral ") to any lender providing financing to the Merged Entity ( "Secured Party"), from time to time. Secured Party shall have no duty to preserve the confidentiality of the information provided in the Franchise with respect to any disclosure (a) to Secured Party's regulators, auditors or attorneys, • (b) made pursuant to the order of any governmental authority, (c) consented to by the Authority or (d) any of such information which was, prior to the date of such disclosure, disclosed by the /n' • Authority to any third party and such party is not subject to any confidentiality or similar disclosure restriction with respect to such information subject, however, to each of the terms and conditions of the Franchise; and BE IT RESOLVED FURTHER, that the consent to the Transaction herein provided shall be effective upon and only effective concurrent with the closing of the transactions described in the Contribution Agreement. BE IT RESOLVED FURTHER, that this consent shall be the final action required by the Authority regarding the Transaction consented to herein, provided that nonmaterial, non- substantive changes are authorized hereto if in the judgment of legal counsel to Authority such changes are necessary to comply with local, state or federal law, or otherwise required to prevent the necessity of this consent returning to Authority for action, thereby exceeding the federally prescribed time requirement related hereto. ADOPTED by this _ day of , 1996. • Attest: Clerk - Treasurer Hutchinson Mayor The undersigned, being the duly appointed, qualified and acting Clerk of Hutchinson, Minnesota hereby certify that the foregoing Resolution No. is a true, correct and accurate copy of Resolution No. _ duly and lawfully passed and adopted by Hutchinson on the day of , 1996. Clerk • EXHIBIT A • WAIVER This _ day of 1996, Triax Midwest Associates, L.P. ("Triax "), DD Cable Holdings, Inc. ( "Holdings "), DD Cable Partners, L.P. ( "Partners ") do for themselves, their general partners, and their heirs, personal representatives, successors and assigns, waive, release and forever discharge the Authority and its directors, officers, employees, successors, personal representatives, heirs, and assigns, relating to alleged procedural defects including, but not limited to, the procedure outline in Minn. Stat. § 238.083 regarding the Authority's review of the merger transaction described above. • IN WITNESS WHEREOF, the parties execute this Release on the day set forth above. TRIAX MIDWEST ASSOCIATES, L.P. DD CABLE HOLDINGS, INC. By: By: By: By. DD CABLE PARTNERS, L.P. 0 Its • • MERGER FEE REIMBURSEMENT AGREEMENT WHEREAS, the following municipalities or municipal consortia: The Cities of Prior Lake, Waconia, Hermantown, Morris, Maple Plain, Brooten, Hancock, Hutchinson and Mound, the Lake Minnetonka Communications Commission and the Greater Grand Rapids Area Cable Commission ( "Authorities'); have retained an independent legal consultant and have conducted a thorough and complete review of the merger of Triax Midwest Associates, L.P., DD Cable Holdings, Inc., DD Cable Partners, L.P., and various subsidiaries of DD Cable Holdings, Inc. (collectively "Companies") as mandated by law; and WHEREAS, the Authorities and the Companies agree that resolution of certain issues related to the Companies' payment of the Authorities' fees incurred in reviewing such merger is mutually beneficial. NOW, THEREFORE: 1. The Companies agree to pay all reasonable fees incurred by and on behalf of the Authorities in an amount not to exceed $25,000 for all of the Authorities (represented herein by Bernick and Lifson, P.A.); • 2. The Companies agree to not withhold or offset against current or future franchise fee payments to the Authorities any amounts to recoup payment of the Authorities' reimbursement herein except as is specifically set forth herein; 10 3. The parties agree that the Companies may withhold or offset amounts payable pursuant to paragraph 1 herein from current or future franchise fee payments to the Authorities only in the event of a final adjudication involving the parties hereto by a court of competent jurisdiction requiring that such reimbursement for expenses be included in franchise fee payments; 4. The Companies reserve the right to seek such adjudication by a court of competent jurisdiction; 5. The Authorities reserve the right to contest and appeal any such adjudication; 6. The Companies agree that any withholding or offsetting against franchise fees shall not be made until after a final adjudication, if any, requiring the withholding or offsetting of such franchise fee payments; and cL ✓v\ 7. Nothing herein shall limit or condition the merger consents issued by the Authorities, if any, or any of the individual above - referenced municipalities or municipal consortia. City of Hutchinson By_ Its Triaz Midwest Associates, L.P. a CACABLE W UTCHINS \PAYMENT. AGM DD Cable Holdings, Inc. LO DD Cable Partners, L.P. By Its • 40 0 • .033 A. SUS5MAN N [AL J. SMArIRO SAUL A. SCRNICK' THOMAS D. CMEIGHTON SCOTT A. LIFSON DAVID K. NIGHTINGALE' .AUL J. OUAST' THERESA M. KOWALSKI RCSCCCA J. HELTZCR ROECRT J. V. VOSC BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 1200. THE COLONNADE SSOO WATLATA ROULCV.ARO MINNEAPOLIS, MINNESOTA 35416-1270 TCLE /HONE (6121 5.6 -1200 FACSIMILE (6121 SA6'1003 MEMORANDUM 4]O •OwlTr[O In wISCOnSIM •LSO curinco Aunm AccounT•K+ LEGAL A ISTAMTS JO SROWN JOAN M. SCHULKCRS KATHRYN O. MASTCMMAN TO: Clients Currently Served By Triax Midwest Associates, L.P. and DD Cable Partners, L.P. FROM: Thomas D. Creighton, Robert J. V. Vose, Theresa M. Kowalski RE: Request for Approval of Merger of Triax and DD Cable DATE: July 31, 1996 FINAL REPORT, ANALYSIS AND CONCLUSIONS Please find below a summary and analysis of the proposed transaction regarding the merger of Triax Midwest Associates, L.P. and DD Cable Partners, L.P. (hereinafter referred to as "Current Owners ") into Triax Midwest Associates, L.P. (hereinafter referred to as "Merged Entity") Federal Communications Commission Form 394 ( "FCC 394 ") dated April 13, 1996, was received by the various Franchise Authorities (hereinafter "Authority" or "Authorities ") on dates ranging from April 15 through April 19. The confidential supplemental information to FCC 394 was dated April 17, and received by Authorities on or about April 22 -23, 1996. Federal law • provides for a 120 day review period from the date of receipt of FCC 394, together with all 5-i- I MEMORANDUM • July 31, 1996 Page 2 exhibits and any additional information required by the terms of the Franchise Agreement or operative state or local law. Although additional information was required and received from the Merged Entity, for the purpose of this report, only the 120-day period is calculated from the date of receipt of the confidential documents supplementing FCC 394. Authorities should therefore conclude their review on or before August 20, 1996. The purpose of this report is to provide the Authorities with an understanding of the transaction and the standard for review INNEWL nq0 •► At the time of awarding the original Cable Communications Franchise and in subsequent • transfers, if any, of the Franchise, the Authorities considered and approved the technical ability, financial capacity, legal qualifications and character of the original and subsequent owners of the cable system, as well as other appropriate factors. These same qualifications are to be considered and reviewed as part of the review by Authorities of the merger of the Current Owners. The sources of information used in examining these factors included FCC 394, its exhibits. the current Franchise Ordinance, various FCC rules and regulations regarding cable communication systems, the Merged Entity's Response to the Request for Additional Information Regarding Request for Approval of Transfer of Control, and the Merged Entity's response to questions regarding confidential information (Form M), along with direct oral communications with representatives of Merged Entity. U • MEMORANDUM July 31. 1996 Page 3 All levels of government have something to say about such mergers. The local franchise, Minnesota state law, federal law and FCC rules all apply to this merger. Many Authority's Franchises require that Authority review the merger pursuant to the same standards used to award the original, Franchise. Minnesota law, Minn. Stat. § 238.083, provides that the local franchising authority must consider a written request to approve a transfer of ownership, and the franchise authority cannot unreasonably withhold such approval. Minnesota law also arguably requires a shorter review period than the 120 days, with certain procedural requirements which have been complied with by Authorities. However, in any event, we have opined that it is more probable • than not that the federal statutory time of 120 days preempts those state statutory timelines which are inconsistent with federal timelines. 2. STANDARD OF REVIEW. The Authority's task in this process is to review the information provided regarding the merger and to approve or deny the merger of the Current Owners. The Franchise Authorities have the express right to approve or disapprove such a merger. The standard of review is that the Authority's consent shall not be unreasonably withheld. For the purpose of determining whether it will consent to the merger, the Authority has made inquiry into the legal, technical and financial qualifications of the Merged Entity, a well as other appropriate factors. In analyzing the transaction, the Authority must consider whether the Merged Entity meets all of the criteria originally considered in the granting of the Franchise. Note, however, that this 40 analysis is not a comparison between the Current Owners and the Merged Entity. Rather, this MEMORANDUM • July 31, 1996 Pace 4 analysis is an application of factors to determine whether the Merged Entity satisfies the standards to the reasonable satisfaction of the Authority. The Authority should focus on the following factors in determining whether to approve or deny the merger: Legal and character qualifications of the Merged Entity; ii. Technical ability of the Merged Entity; iii. Financial stability of the Merged Entity; and iv. Other appropriate factors. This office has conducted an extensive review of all relevant materials on behalf of the • Authority. This report is a "shorthand" synthesis of that review in an attempt to fully inform the Authority without overwhelming the decision - making body with detail and minutia. Obviously, our review extended far beyond the summary of this report, and we will be available to further expand on this summary should the Authority have any questions. 3. DESCRIPTION OF TRANSACTION. The merger will place substantially all of the assets of the Current Owners under the management and control of a restructured Merged Entity. The Contribution Agreement outlines the terms of the merger between Triax Midwest Associates, L.P. and DD Cable Partners, L.P, its wholly owned subsidiary, DD Cable Holdings, Inc., and all its wholly owned subsidiaries ( "DD Cable Group "). As a part of the merger, existing limited partners' interests will be r1 U • MEMORANDUM July') 1, 1996 Page 5 redeemed and new equity investors (V5&A Communications Partners II, L.P., Equity - Linked Investors, II, L.P., and DLJ Investment Partners, L.P.) will become limited partners. The merger will be accomplished through the contribution of assets of the DD Cable Group to Triax Midwest Associates, L.P., which will operate the cable systems. In addition to the limited partnership interest, all existing liabilities of the DD Cable Group will be assumed by the partnership and DD Cable Partners, L.P. will be paid $4,200,000 for out -of- pocket costs associated with the merger. The current limited partners, whose interests are being redeemed, are to be paid $44,500,000. The Agreement does not identify the current limited partners or • specify how much is to be paid to each limited partner. The Revised and Restated Partnership Agreement is the governing document for the post - merger ownership of the cable franchises. The partnership is a limited partnership and the limited partners have no management and control except for such issues as dissolution or replacing the general partner. The existing general partner, Triax Cable General Partner, L.P., is to be replaced by Triax Midwest General Partner, L.P. The business of the partnership is run by the general partner in conjunction with an advisory committee. The advisory committee is made up of people appointed by the general partner and some of the new equity partners. The advisory committee has the power to preapprove business decisions to the general partner before they are implemented. The partnership is to be conducted in accordance with the five year business plan of the partnership. • MEMORANDUM July 31, 1996 Page 6 The Partnership Agreement provides that a priority return of 13 % internal rate of return will be paid to Triax Cable and each limited partner. The Partnership Agreement provides that its existence will end on December 31, 2006. This raised some concern in analysis and the Merged Entity was asked to clarify the termination of the Partnership Agreement. In its response, the Merged Entity stated that on or before December 31, 2006, the Partnership Agreement could be extended or the systems divested to a new entity. Any such divestiture would require the review and approval of the Franchise Authority, therefore, this termination date is not of concern to this analysis. n �J Triax Telecommunications Company, LLC, is providing management services for the • partnership. Triax will provide such services for the operation of each of the cable systems subject to this merger. Under the Agreement, Triax is required to oversee the operation of the systems, but the work is actually performed by partnership employees. Triax Telecommunications Company, LLC, will receive a management fee equal to 4% of the gross revenues of the partnership. The fee is to be paid in monthly installments of $275,000, but is capped at an annual amount equal to 4% of gross revenues. The analysis generated some concern over the magnitude of this fee. Our concern is that the syphoning of such large amounts of money off the top of the operations of a cable system might tend to leave less money available for those things important to the City, such as system upgrade upon franchise renewal. It is, of course, impossible to tell from the information available to us whether there would be upward pressure on the rate as a result of such fees. Triax' response is that Triax Telecommunications Company, LLC, is an • • MEMORANDUM July 31, 1996 Pase 7 experienced national company which has in the past and will continue to provide valuable management and leadership expertise to the operating systems. While this fee is of concern to this analysis, it does not rise to the level of a reasonable basis for withholding approval of the merger. Suffice it to say, however, that the Franchise Authorities should factor the existence of such fees into any responses received from the Merged Entity that resources are simply not available to comply with franchise requirements or enhance the operation of the system. Triax Telecommunications Company, LLC, is responsible for keeping the books and • records of the partnership and preparing the financial statements of the partnership. The cost of Triax Telecommunications Company, LLC employees, as well as the cost of preparing the financial statements, is to be paid by Triax Telecommunications Company, LLC. The partnership is responsible for paying for an annual audit of the financial statements and the preparation of the partnership tax return. The term of the Management Services Agreement is equivalent to the term of the partnership. Triax Telecommunications Company, LLC is not required under the Agreement to devote all energies and resources to the partnership's system management. In addition, the standard of liability for Triax Telecommunications Company, LLC is determined to be gross negligence or fraud. The partnership will indemnify Triax Telecommunications Company, LLC for any liability resulting from actions which do not arise to the gross negligence or fraud • standard. MEMORANDUM July 31, 1996 Pace 8 A chart showing the current ownership /control structure of DD Cable entities is attached hereto as Exhibit 1. The current ownership /control structure of Triax entities is attached hereto as Exhibit 2. A post -merge chart is attached hereto as Exhibit 3. 4. LEGAL QUALIFICATIONS. The legal qualifications standard relates primarily to an analysis of whether the Merged Entity is duly organized and authorized to own the cable systems. It should be noted that current federal law is shifting dramatically regarding the ownership of cable systems. However, this transaction is not affected by those changes in federal law. Since you basically have Triax 0 absorbing the DD Cable holdings through a merger, you are not faced with many of the cross- • ownership issues addressed in federal law. We have reviewed the current law and found that this transaction is not affected by such rules. According to the FCC 394 and resulting responses to inquiries, both original owners were qualified to transact business in the State of Minnesota as is the Merged Entity. We have reviewed those corporate documents available to us and have determined that the Merged Entity will be legally organized and constituted sufficient to pass the standards of the lending institution such that further review on the Franchise Authorities' part would be duplicative and an unnecessary expenditure of funds. The purchase documents require that the Merged Entity be duly organized and qualified to operate the cable systems. 5. CHARACTER QUALIFICATIONS. In response to our Request for Additional Information, the Merged Entity has represented that it has not been convicted in a criminal proceeding relating to any of the usual inquiries • • MEMORANDUM July 31. 1996 Page 9 regarding character. The character qualifications of the Merged Entity, as well as the individuals involved, are satisfactory. Based upon our review of the information provided, it would appear that the Franchising Authorities could not reasonably withhold approval of the merger based on the legal or character qualifications of the Merged Entity or its principals. 6. TECHNICAL ABILITY. The technical ability factor relates to the technical expertise and experience of the Merged Entity in operating and maintaining a cable system. This analysis focuses on the current and • former experience of the proposed owner. As to the management of the cable operations, it appears that the overall Triax management structure will survive. Inquiries were made as to local management, and the Merged Entity advised the Authorities that while they have tremendous respect for current local managers, obviously this merger is taking place for the purpose of consolidating such functions. No decisions have been made by the Merged Entity, but a review of the existing management structure is promised post- merger. Experience has shown that the Franchise Authorities can assume a consolidation of management functions and no doubt a consolidation of local offices. The closing of a local office is often a traumatic experience for an Authority, and those Authorities which require local offices in their franchises will retain that authority to approve or disapprove the closing of such local offices. That being said, however, it is often very difficult to withstand pressure from a new is owner who is determined to close a local office. MEMORANDUM • July 31, 1996 Page 10 Experience has shown that the perpetuation of local management structures do not survive for the long term, so it is necessary for the Authority to investigate the management abilities and style of the parent entities. Information has been provided concerning Triax' experience in owning, operating and managing cable systems. We have reviewed the information provided by Triax as it relates to cable management experience. Triax is an experienced cable operator. The Merged Entity will pass 361,000 homes and serve 242,000 customers under common management and control. The transaction is explained as providing a significant opportunities for enhanced customer service and choice. is Mr. James DeSorrento has served as the Chief Executive Officer and Chairman of Triax since the company's formation in 1982. He has had cable television experience since 1970. He has had various management and operational responsibilities through the cable industry. Mr. J. R. Busch has served as President and a Director of Triax since January of 1988. He is a 20 year veteran of the cable industry focusing on corporate finance, mergers and acquisitions. The rest of the management team of Triax has significant experience in the cable television industry. While Triax is not as large as many of the cable operations in the United States, its principals have significant experience in the industry. The Triax organization appears to be staffed from top to bottom with technical expertise in the cable industry. • • MEMORANDUM July 31, 1996 Patze I1 The Merged Entity has replied to the Franchise Authorities' Request for Additional Information by stating that it will comply with all FCC technical standards and will comply with all current franchise requirements regarding the technology of the cable system. Based on our review of information provided, it would appear that the Franchise Authorities could not reasonably withhold approval of the transfer based upon the technical ability of the Merged Entity, its management and its principals. 7. FINANCIAL STABILITY. The financial stability factor relates to whether the Merged Entity has the financial • resources available or committed to not only acquire the system, but also whether its financial plan, as presented, is reasonable and economically viable. In the interest of preserving financial resources, the Authority has chosen not to engage a separate fmancial consultant to undertake a comprehensive review of this factor. However, the financial information which was supplied has been reviewed by this office and a cursory due diligence analysis performed. The Authority can assume that if the Merged Entity does not have the financial resources available to it to close the transaction, the closing will not take place. Therefore, further scrutiny of the actual sale transaction has not been undertaken. However, of concem to the Authority is whether the resources are available to the Merged Entity to comply with the franchise requirements of the Authority now and in the foreseeable future. Since the review has focused on information provided by the Merged Entity, it must be assumed that no material • misrepresetitations of fact are present. MEMORANDUM July 31, 1996 Page 12 A merger of this sort is different from the usual purchase of an entire entity by another entity. In a purchase transaction, the new entity brings with it its own financial history and financial situation which must be reviewed in detail regarding the new entity which will own the franchises. In this merger, it may be assumed that the assets of the two previously existing owners will be merged, logically presenting a situation where the sum of the parts could be stronger than the individual parts. This philosophy permeates the information provided by the Merged Entity as it discusses the economies of scale and the economies of consolidation of the management structures of the 0 two current owners. Additionally, emphasis is placed on the ability of the Merged Entity to • continue to take advantage of such things as the affiliation with TCI for the purpose of purchasing programming at a rate not otherwise available to a relatively small cable operator. In a merger transaction such as this, it is necessary to investigate whether funds are being taken out of the transaction at the time of merger which could weaken the financial stability of the Merged Entity. In other words, is profit taking underway such that the resources remaining for the Merged Entity are considerably diminished from those available to the original two owners? Frankly, there was some initial concern in this area. While the assumption of all existing liabilities of DD Cable group by the partnership was merely a transferring of liabilities that the owning companies already had (although the DD Cable group is strengthened by the assumption of its liabilities and Triax is weakened by such assumption), this assumption of liabilities does not appear to significantly weaken the Merged • • MEMORANDUM July 31, 1996 Paee 13 Entity. The payment of $4,200,000 out -0f -- pocket costs associated with the merger to DD Cable Partners does appear to be excessive and is not significantly documented in the materials provided to us. However, it does not appear to rise to the level of a problem sufficient to withhold approval of the transfer. The partnership is to obtain $375,000,000 of senior debt financing commitments for the transaction to go forward and is to retire the existing bank obligations and redeem the current limited partnership interest in the amount of $44,500,000. These monies are characterized as sufficiently financed in the transaction and leaving money available for the Merged Entity to • proceed with existing and future capital commitments to the systems. Since the Merged Entity agrees to comply with all existing franchise requirements, all those Authorities with existing capital commitments should seek compliance with those requirements. However, no specifics were given as to the distribution of the retraining monies, and those areas in renewal and seeking future capital upgrades will be in competition for the remaining funds available. Additionally, monies are being paid by the partnership at closing to other entities. Almost $2,000,000 in fees are being paid to various entities for closing fees and out -of- pocket costs. This is not significant given the magnitude of this transaction. Notice is again taken of the monthly fee of $275,000 to Triax as a management fee. The Authority will need to monitor future developments in the system to be assured that the skimming off of this money does not significantly impact the Merged Entity's ability to comply with existing 0 franchise requirements and to make the necessary commitments for future improvement of the MEMORANDUM • July 31, 1996 Page 14 systems. It should be noted that technological improvement of the systems are in the best interest of the Merged Entity, and a number of the answers to our future inquiries indicate that they are interested in such enhanced technological advancement of the systems. Therefore, the Authorities must simply remain diligent to ensure that the systems keep pace with necessary technological advancements, as promised by the Merged Entity. Based upon our review of the information provided, it would appear that the Authority could not unreasonably withhold approval of the transfer based on the financial stability of the Merged Entity or its principals, provided that the Merged Entity agrees to comply with all local franchise requirements, as it has done. • 8. OTHER RELEVANT FACTORS. Other appropriate factors which have been reviewed for the purpose of determining Whether to approve or deny this merger are contained in the information received for our review. The most significant factor to be considered is whether the franchise will remain intact and whether the Merged Entity will agree to comply with all existing franchise requirements promises and representations of its predecessors. With respect to the franchise requirements, the Merged Entity has indicated that it will comply with all existing franchise requirements and obligations. The Merged Entity has not proposed any modifications to the channel capacity or system design. The Merged Entity has indicated in its responses that it intends to conduct a complete review of all systems toward the possibility of technological upgrade and, where feasible, • • MEMORANDUM July 3l, 1996 Page 15 interconnection. After that review is completed, if franchise modifications are required. the Merged Entity indicates that it will work with individual Franchise Authorities to accomplish mutually acceptable goals. The Merged Entity has also indicated that its review of the existing systems may involve consolidation of local management structures as well as local offices. Those Authorities which require local offices in their franchises should be vigilant in their position that closing a local office would require the approval of the local Franchise Authority. The Merged Entity has indicated that it would seek any approvals otherwise required by franchises, but often the battle • is whether the franchise in fact requires such an approval. Any Authority with the requirement for a local office should maintain the position that closing such a local office would require the approval of the Authority. The Merged Entity has indicated that it will comply with FCC technical specifications regarding the location and length of subscriber drops. The Merged Entity will seek to accommodate each subscriber's request for the location of drops and will restore property damaged during an installation. The Merged Entity has agreed to comply with all undergound installation policies as such are established in existing franchises. If an Authority's franchise does not refer to underground drops but does require compliance with local ordinances, and local ordinances require underground construction, those ordinances should be enforced by the Authority. 0 MEMORANDUM • July 31, 1996 Page 16 The Merged Entity will maintain normal business hours for the purpose of receiving customer complaints. The customer service line will refer callers to a second number after normal business hours which is answered by a person 24 hours a day, 365 days per year. The Merged Entity has agreed to work with each community to meet its needs regarding public education, government access and will continue current channel designations for public education and government access channels unless a mutual agreement is reached with the affected community or unless such a move is otherwise permitted by state or federal law. Those systems which previously were owned and operated by DD Cable will be converted to a new billing system, Cable Data. Cable Data is the largest cable billing service in the country. The change will not affect billing policies. The Merged Entity has indicated that franchise renewal negotiations will still be conducted by the system manager responsible for the Authority, assisted by local legal counsel. All system managers will report directly to Mr. Ric Hanson, who reports directly to Mr. NM Bambrough. A final point of contention is in the payment of all fees incurred by the Authorities for the purpose of this approval process. This office has opined that the parties requesting your approval of this transaction are responsible for the payment of reasonable fees incurred in the Authorities' review of this merger. Legal counsel for the parties requesting your approval has indicated that no such obligation to pay such fees exists, however, fees would be reimbursed with the qualification that the company reserves the right to withhold such fees from future franchise fee payments or take other action. We have opined and communicated to you in previous • I • MEMORANDUM July 31, 1996 Pase 17 correspondence that such withholding of franchise fees is inconsistent with federal, state and local law, and would be unacceptable. Therefore, the proposed Resolution provides for the franchise Authority approving the merger subject to the payment of all reasonable fees by the parties requesting your approval. Should the payment of such fees not occur prior to closing, your approval shall not be effective and your action shall be deemed a denial. 9. CONCLUSION. As a result of the above analysis, and subject to the contingencies of the attached Resolution and Waiver, there does not appear to be any reasonable basis for the Authority to deny 0 the request for approval of the merger. TDC /rs n LJ EXHIBIT 1 Intermedia Partners II, LP (CA Ltd. partnership) General Partner DD Cable Partners, LP (CA Ltd. partnership) 100% Ownership 9 Subsidiaries Operating Cable Systems Intermedia Capital Management II. LP (CA Ltd. partnership) General Partner LEO HINDERY, JR. General Partner is A EXHIBIT 2 t • . t t . • t • WINTRaTMe t JAMES OUSCH JAMES DeSORRENTO Majority Shareholders Triax Communications Corporation Triax Associates IV, Inc. 0 I Triax Cable General Partner, L.P. Triax Midwest Associates, L.P. Cable Systems n U General Partner General Partner Parent Corporation W: Clwnership/Coutrol Following Triax/DD . Mcrw VS&A Communications Partners II, LP Equity Linked Investors II DLI Investment Partners, LP Unidentified Limited Partners DD Cable Partners, LP Limited Partners Triax C. Partner, JAY BUSCH JAMES DeSORRENTO Members Triax Telecommunications Company LLC, a Delaware limited liability company Member 0 Triax Midwest, LLC, a Delaware • limited liability company General Partner ible General LP Nonmanaging General Partner Triax Midwest General Partners, LP, a Delaware limited partnership Managing General Partner Triax Midwest Associates, L.P. Cable Systems 0 rIL • DATE: August 8, 1996 TO: Honorable Mayor Marlin Torgerson, City Council Members, and City Administrator - Gary Plotz FROM: Dick Lennes - HCDC Executive Director RE: Airport Improvement Project For the past several months the HCDC Transportation Team and the Airport Commission have been working together to develop a recommendation for the City Council on Phase II of the Airport Improvement Project. At the Council meeting of Tuesday, August 13th a presentation will be made by this team recom- mending the immediate implementation of the Phase II engineering work that must be done in order to get Hutchinson positioned on the State and Federal calendar for future airport project funding. The team has done a great deal of work in pulling together this recommendation. It is felt by the transportation team and the HCDC Board of Directors that this project can not wait any longer. For the benefit of the community and to promote economic development it is felt that this project be given immediate attention. 6- • M Cttll Ot 77 a M E M O R A N D U M August 8, 1996 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works Dolf Moon, Director of Parks, Recreation & Community Education Hazel Sitz, Transit Coordinator RE: Presentation by SRI Consulting of the Light Traffic Plan for the Hutchinson Project Charleen Zimmer of SRF Consulting will be presenting the completed Light Traffic Plan with the staff. This is a detailed report covering pedestrian, in -line skates, bicycles and transit. The presentation should take 45 -60 minutes. The final report will be handed out at the meeting. We are extremely impressed with the detail and scope of the report. The report was completed through a grant from Mn/DOT, with the City providing in -kind services. cc: Gary Plotz - City Administrator City Center III Hassan Street SE Hutchinson, MN 55350.2522 (320) 587 -5151 Far (320) 234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, IIN 55350.3097 (320) 587.2975 Fax (3 20) 134 -4140 Printed on rec sled Paper - Police Services 10 Franklin Street SR' Hutchinson, MN 55350.2414 (310) 587.2142 Y Fax (320) 587 -6427 • IQ: John Rodeberg, Director of Engineering FROM: Doug Meier, Maintenance Operations Supervisor SUBJECT: Recommendation for the Purchase of (2) two Grounds and Sidewalk Maintenance Machines. On July 9th and 16th, 1996, the City of Hutchinson advertised for (2) two new grounds and sidewalk maintenance machines with attachments. Bids were publicly opened on the 31 st of July 1996, at 2:00 p.m. in the Council Chambers. The results of that bid opening are as follows. Carlson Tractor and Equipment Co. • P.O. Boa 69 Rosemount, MN 55068 Total Bid Price for (2) two new Grounds Maintenance Machines with attachments per specifications $ 39,495.00 Less trade -in allowance for (2) two 1989 Toro machines with attachments (cab, mowing decks, snow blower, and hyd. broom). $ 11,000.00 Total Net Bid S 28,495.00 + tax MT1 Distributing Company 14900 21st Avenue North Plymouth, MN 55447 Total Bid Price for (2) two new Grounds Maintenance Machines with attachments per specifications $ 37,946.20 Less trade -in allowance for (2) two 1989 Toro Machines with attachments (cab, mowing decks, snow blower, and hyd. broom). $ 12,000.00 ---------------------------- Total Net Bid $ 25,946.20 + tax Cit}' Center Parks & Recreation Police Sen ices I II Hassan Street SE 900 Harrington Street SW 10 Franklin Street SIt' Hutchinson, M,N 55950 -2522 Hutchinson, M.N 55350 -3097 Hutchinson, WN 55350 -'464 (612) 587 -5151 (612) 587 -2975 (612) 587 -J242 Fax(612)234 -4240 Far(612)234 -4240 1 Fax (611) W -6427 - P -;iced nn ren rled paper- L & P Supply 1470 South Grade Road No Bid Hutchinson, MN 55350 My recommendation is to award the contract to MTI Distributing Company to deliver (2) two new Toro Grounds Maintenance Machines to the City of Hutchinson equipped per Specification Publication No. 4931, for a total net bid price of $ 25,946.20 plus tax, MTI was the low bidder by $ 2,548.80. The units requested for replacement have between 4200 and 4500 hours of operation, which far exceeds the recommended replacement schedule of around 3000 hours. The units were budgeted for replacement in 1996. 11 • • M E M O R A N D U M August 8, 1996 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works Steve Madson, Police Chief RE: Consideration of Closing Arch Street Between High Street and the Residential Area to the SE During BlufVAdams Street Construction We are requesting that Arch Street be closed during construction of the Bluff Street • Bridge to prevent the expected increase of detouring traffic from utilizing a gravel, low maintenance road. We always receive complaints in this area about dust and high speed traffic, both of which would significantly increase when Bluff Street is closed. This is not an appropriate route for detouring traffic. cc: Gary Plotz - City Administrator City Center III Hassan Street SE Hutchinson,SLk 55350 -1512 (320) 587.5151 Far(320)234 -4140 Parks 8 Recreation 900 Harrington .Street S IV' Hutchinson, IIN 55350.3097 (320) 587.2975 Fax(320)234 -4240 Printed on re, veled paper - Police Services 10 Franklin Street Si: Hulchinson, .VIN 55350 -2454 (320) 587 -2242 Fax (320) 587 -6417 M E M O R A N D U M August 8, 1996 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: REPORT OF IMPROVEMENT Letting No. I/Project No. 97 -01, 97 -02, 97 -03 and 97-04 Resolution Ordering Preparation of Report on Improvement Resolution Receiving Report and Waiving Hearing Resolution Ordering Improvement and Preparation of Plans Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Due to my secretary's vacation, the actual Resolutions will be presented on Tuesday night. We are proposing to complete 4 small projects yet this year. These projects include the following: • Project No. 97 -01 Pleasant Acres (North High Drivel This improvement is for sanitary sewer extensions to serve the proposed Pleasant Acres Apartment Complex. 100% of the costs are to be assessed. These apartments are proposed to be constructed this year. This project was petitioned. Project No. 97 -02 South Grade Road Street Improvements This improvement includes constructing new curb and gutter and shoulder paving on South Grade Road immediately east of Otter Lake on the south side of the road. 100% of the construction cost is being assessed. The City share includes a credit for the expenses due to previous street assessments. This project was petitioned. Project No, 97 -03 Ontario Street Watermain Improvements This was originally part of a project that was dropped earlier this year. It covers reconstruction of watermain near Tartan Park and the old Park Garage. This work is required prior to construction of 5th Avenue SE. The sanitary sewer work that was previously proposed will be completed in a separate project. Project No, 97 -04 TH 7 and School Road Improvements This project includes several safety improvements at the intersection of TH 7 and School Road. It includes removing the frontage road west of School Road, reconstructing a park entrance unto TH • 7 and sidewalk and crossing improvements. City Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street S W Hutchinson,,tLti 55350 -2522 Hutchinson,A 55350.3097 Hutchinson, SLV 55350.2464 (320) 587.5151 (320) 587.2975 (320) 587.2242 Fax (320) 234 -4240 Fax (320) 2344240 � � Fax (320) 587 -6427 �� i - Printed on recycled paper - We recommend approval of the project. Because the construction estimate is less than $100,000 we will be able to bid the project sooner. We will be back at the next Council meeting to approve the projects. CC. Gary Plotz - City Administrator Cal Rice - Engineering Supervisor file: 97/L 1 • C -1 PROJECT COST BR AKDOW • PROJECT COST EXPENSES TQTA ASSESSED CITY SHARE 97 -01 $39,000 $9,400 $489400 $48,400 NA 97 -02 $13,600 $3,400 $17,000 $13,600 $ 3,400 97 -03 $27,000 $6,500 $33,500 $33,500 97 -04 $12,400 $3,000 $15,400 $15,400 TOTAL $92,000 $22,300 $114,300 $62,000 $62,300 We recommend approval of the project. Because the construction estimate is less than $100,000 we will be able to bid the project sooner. We will be back at the next Council meeting to approve the projects. CC. Gary Plotz - City Administrator Cal Rice - Engineering Supervisor file: 97/L 1 • C -1 • • UTCH/NSON ENG/NEER/NG/PUBL& WORKS DEPARTMENT Hutchinson City Center / I I I Hassan Street SE / Hutchinson, Minnesota 55350 -2522 / Phone (612) 234-4209 / FAX (612) 234 -4240 ENGINEERINGREPORT TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works DATE: August 13, 1996 SUBJECT: Letting No. 1/Project No. 97 -01 I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. Project No. 97 -01 North High Drive extension of watermain, water services, sanitary sewer, sewer services, restoration and appurtenances to serve Pleasant Acres apartment complex; and TOTAL Construction Cost $ 39,000.00 Engineering/Administraton $ 6,240.00 FiscaVLegaVlnterest $ 3,120.00 ESTIMATED TOTAL S 48.360.00 Assessable Cost $ 48,360.00 Deferred Assessable Cost $ 0,00 City Bonded $ 0,00 City Other Funds $ 0.00 MSA $ 0.00 Mn/DOT $ 0.00 ESTIMATED TOTAL S48,360.00 ce: Cal Rice - Engineering Department file: Ll/97 -01, 97 -02, 97 -03, 97 -04 /N - Hutchinson City Center/ I I I Hassan Street SE /Hutch in son, Minnesota 55350 -2522 /Phone (612) 234 -4209 /FAX (612) 234 -4240 0 ENGINEERING]REPORT TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works DATE: August 13, 1996 SUBJECT: Letting No. 1/Project No. 97 -02 I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. Project No. 97 -02 South side of South Grade Road east of Otter Lake by construction of concrete curb and gutter, grading, gravel base, bituminous surfacing, restoration and appurtenances; and TOTAL Construction Cost S13,600.00 • Engineering/Administraton S 2,176.00 Fiscal/Legal/Interest S 1,088.00 ESTIMATED TOTAL 5 16.864.00 Assessable Cost $ 13,491.00 Deferred Assessable Cost S 000 City Bonded S 3,373.00 City Other Funds $ 0.00 MSA $ 0.00 Mn /DOT $ 0.00 ESTIMATED TOTAL cc: Cal Rice - Engineering Deparunent file: Ll/97 -0I, 97 -02, 97 -03, 97-04 Hutchinson City Center/ III Hassan Street SE /Hutch in son, Minnesota 55350 -2522 /Phone (612)134 -4209 / FAX (612) 2344240 ENGINEERINGREPORT TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works DATE: August 13, 1996 SUBJECT: Letting No. 1/Project No. 97 -03 I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. Project No. 97 -03 Ontario Street near Tartan Park and old Park Garage by reconstruction of watermain, bituminous surfacing, restoration and appurtenances; and Construction Cost TOTAL $ 27,000.00 • Engineering/Administraton S 4,320.00 FiscaVLegaVInterest $ 2,160 00 ESTIMATED TOTAL S33,480.00 Assessable Cost $ 000 Deferred Assessable Cost $ 000 City Bonded $ 33,480.00 City Other Funds $ 0.00 MSA $ 0.00 Mn/DOT $ 0.00 ESTIMATED TOTAL S 33.480.00 cc: Cal Rice - Engineering Department file: L 1/97 -01, 97 -02. 97 -03, 97 -04 • 0 • is Hutchinson City Center / I I I Hassan Street SE / Hutchinson, Minnesota 55350 -2522 / Phone (612) 234 -4209 / FAX (612) 234 -4240 ENGINEERING]REPORT TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works DATE: August 13, 1996 SUBJECT: Letting No. I/Project No. 97 -04 I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. Project No. 97 -04 Hwy 7 and School Road safety improvements to include removal of frontage road west of School Road, reconstructing a park entrance onto Hwy 7 and sidewalk and crossing improvements by construction of storm sewer, concrete curb and gutter, sidewalk, grading, gravel base, bituminous surfacing, restoration and appurtenances. Construction Cost Engineering/Adm inistraton Fi sca l/LegaUlnterest ESTIMATED TOTAL Assessable Cost Deferred Assessable Cost City Bonded City Other Funds MSA Mn/DOT ESTIMATED TOTAL cc: Cal Rice - Engineering Department file: L1/97 -01, 97 -02, 97- 03.97-04 $12,400.00 S 1,984.00 S 992.00 S 0.00 S 0.00 $15,376.00 S 0.00 $ 0.00 $ 0.00 /° I • RESOLUTION NO. 10725 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO. 1 PROJECT NO. 97-01, 97 -02, 97 -03 and 97 -04 WHEREAS, it is proposed to improve: Project No. 97 -01 North High Drive extension of watermain, water services, sanitary sewer, sewer services, restoration and appurtenances to serve Pleasant Acres apartment complex; and Project No. 97 -02 South side of South Grade Road east of Otter Lake by construction of concrete curb and gutter, grading, gravel base, bituminous surfacing, restoration and appurtenances; and Project No. 97-03 Ontario Street near Tartan Park and old Park Garage by reconstruction of watermain, bituminous surfacing, restoration and appurtenances; and Project No. 97 -04 Hwy 7 and School Road safety improvements to include removal of frontage road west of School Road, reconstructing a park entrance onto Hwy 7 and sidewalk and crossing improvements by construction of storm sewer, concrete curb and gutter, sidewalk, grading, gravel base, bituminous surfacing, restoration and appurtenances; • WHEREAS, it is proposed to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement be referred to the Director of Engineering for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 13th day of August, 1996. City Administrator • Mayor • RESOLUTION NO. 10726 RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT LETTING NO. 1 PROJECT NO. 97.01, 97 -02, 97 -03 & 97 -04 WHEREAS, pursuant to a resolution of the Council adopted August 13th, 1996, a report has been prepared by the Director of Engineering, with reference to the improvement of : Project No. 97 -01 North High Drive extension of watermain, water services, sanitary sewer, sewer services, restoration and appurtenances to serve Pleasant Acres apartment complex; and Project No. 97 -02 South side of South Grade Road east of Otter Lake by construction of concrete curb and gutter, grading, gravel base, bituminous surfacing, restoration and appurtenances; and Project No. 97 -03 Ontario Street near Tartan Park and old Park Garage by reconstruction of watermain, bituminous surfacing, restoration and appurtenances; and Project No. 97 -04 Hwy 7 and School Road safety improvements to include removal of frontage road west of School Road, reconstructing a park entrance onto Hwy 7 and sidewalk and crossing improvements by construction of storm sewer, concrete curb and gutter, sidewalk, grading, gravel base, bituminous surfacing, restoration and • appurtenances; and said report was received by the Council on August 13th, 1996. • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $92,000.00. 2. The public hearing on the proposed improvements for Project No.s 97 -01 and 97 -02 is hereby waived, as said improvements was petitioned for and hearing was waived by 100% of the property owners. 3. The public hearing on the proposed improvements for Project No.s 97 -03 and 97 -04 is hereby waived, as said improvements are 100% city cost and non - assessable. Adopted by the Hutchinson City Council this 13th day of August, 1996. City Administrator Mayor • RESOLUTION NO. 10727 RESOLUTION ORDERING HVIPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. I PROJECT NO. 97-01, 97 -02, 97.03 & 9 -04 WHEREAS, a resolution of the City Council adopted the 13th day of August, 1996, waived public hearing on the improvement of: Project No. 97 -01 North High Drive extension of watermain, water services, sanitary sewer, sewer services, restoration and appurtenances to serve Pleasant Acres apartment complex; and Project No. 97 -02 South side of South Grade Road east of Otter Lake by construction of concrete curb and gutter, grading, gravel base, bituminous surfacing, restoration and appurtenances; and Project No. 97 -03 Ontario Street near Tartan Park and old Park Garage by reconstruction of watermain, bituminous surfacing, restoration and appurtenances; and Project No. 97 -04 Hwy 7 and School Road safety improvements to include removal of frontage road west of School Road, reconstructing a park entrance onto Hwy 7 and sidewalk and • crossing improvements by construction of storm sewer, concrete curb and gutter, sidewalk, grading, gravel base, bituminous surfacing, restoration and appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCFIINSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the resolution adopted the 13th day of August, 1996. 2. John P. Rodeberg is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 13th day of August, 1996. City Administrator C� Mayor 0 RESOLUTION NO. 10728 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 1 PROJECT NO. 97 -01, 97 -02, 97 -03 & 97 -04 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of: Project No. 97 -01 North High Drive extension of watermain, water services, sanitary sewer, sewer services, restoration and appurtenances to serve Pleasant Acres apartment complex; and Project No. 97 -02 South side of South Grade Road east of Otter Lake by construction of concrete curb and gutter, grading, gravel base, bituminous surfacing, restoration and appurtenances; and Project No. 97 -03 Ontario Street near Tartan Park and old Park Garage by reconstruction of watermain, bituminous surfacing, restoration and appurtenances; and Project No. 97 -04 Hwy 7 and School Road safety improvements to include removal of frontage road west of School Road, reconstructing a park entrance onto Hwy 7 and sidewalk and crossing improvements by construction of storm sewer, concrete curb and gutter, sidewalk, grading, gravel base, bituminous surfacing, restoration and 0 appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be publicly opened at 2:00 pm on Monday, August 26th, 1996, in the Council Chambers of the Hutchinson City Center by the City Administrator and/or Director of Engineering, will then be tabulated, and will be considered by the Council on August 27th, 1996, in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 13th day of August, 1996. City Administrator Mayor 0 c M E M O R A N D U M August 8, 1996 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Approving Huski Addition Subdivision Agreement Attached please find a copy of the proposed Subdivision Agreement for Huski Addition. This Agreement is slightly different than usual because the Developer is completing the improvements, and no City financing is being used. We are however, • charging the Developer for Engineering Services and have an agreement for Park contributions. We recommend approval. cc: Gary Plotz - City Administrator City Center Ill Hassan Street SE Hutchinson. NIN 55350 -2522 (320) 587 -5151 Fax (320) 234.4240 Parks & Recreation 900 Harrington Street S I$ Hutchinson, MN 55350.3097 (320) 587 -2975 Fax (320) 2344240 Printed on recycled paper - Police Seri-ices 10 Franklin Street S« Hutchinson. SIN 55350 -2464 (320) 587.2242 ��� �� Fax (320) 587 -6427 SUBDIVISION AGREEMENT "Huski Addition" CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between Sand Properties, Minnesota Inc., a Minnesota corporation, owner, hereinafter called the "Subdivider ", and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City"; WITNESSETH: WHEREAS, the Subdivider is the owner and developer of property situated in the County of McLeod, State of Minnesota, which has been surveyed and platted as "Huski Addition ", and; WHEREAS, City Ordinance No. 464 and 466 requires the Subdivider to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: I SITE PREPARATION ND GRADING 1. It is agreed and understood that the Subdivider shall be responsible for all work associated • with site preparation and grading. All areas within the final plat, but outside of the rights -of- way, shall be graded to within 0.5 feet of final grade to allow for proper drainage, and the installation of utilities. The entire right -of -way shall be graded to within 0.2 feet of final subgrade, as noted in the approved improvement plans for the project. Any and all unstable soil conditions or soils unsuitable for construction in the right -of -way shall be corrected and/or replaced. The Subdivider shall clear trees and/or debris from utility easements and rights -of -way, as per the request of the City or utility, prior to installation of the improvements. All soils shall be compacted to a minimum of 90% Standard Proctor Density. All work shall conform with the approved Site Grading Plan, and shall be completed prior to the commencement of construction on the site. On -site ponding shall be constructed as noted in the revised grading plan, including minimum slopes of 10:1 for 1 verticle foot on either side of the ordinary high water elevation. 2. It shall be the responsibility of the Subdivider to assure that the Site Grading Plan is being conformed to during building construction within the plat. This responsibility shall include the notification of contractors and builders as to the drainage and grading requirements, lowest floor elevation requirements. Huski Addition /August 8,1996/Page I L� • 3. It is agreed and understood that natural gas or electric distribution mains and services will not be scheduled for installation until all utility and street construction has been completed in the plat, and all provisions of paragraphs 1 and 2 of this section have been met. II. IMPROVEMENTS & ASSESSMENTS The Subdivider hereby agrees to construct storm sewer and appurtenances, sanitary sewer mains and appurtenances, sanitary sewer service leads, water-mains, water service leads, concrete curb and gutter, street grading, aggregate base and bituminous street surfacing to serve the entire plat. 2. It is understood and agreed that the Subdivider must have all plans and specifications for the improvements approved by the City. It is understood that all work shall conform to City Standards, as provided in the standard City Specifications. It is understood that the Contractor agrees to contract all improvement construction services and pay all construction costs for said improvements in Paragraph No. 1. 3. It is understood and agreed that the Subdivider shall pay to the City a fee for plan and specification review, on -site construction review and field staking services. This lump sum fee shall not exceed $13,000. It is understood that all surveying required for ground control, including staking of property comers and curve points, shall be completed by the Subdivider. • 4. It is understood and agreed that sidewalk and bicycle trail improvements will be required to be constructed through the site, at the Subdividers cost, when development occurs north of Texas Avenue NW. A minimum of a 5' wide concrete sidewalk and 10' wide bike trail, or a 13' combined trail, shall be constructed. If an on- street bicycle path can be designed, based on City standards, the Subdivider shall only be required to construct the sidewalk improvements. It is understood that the City will construct connecting improvements, as part of the comprehensive plan, in coordination with the proposed improvements. 0. 01,41.ILOI MCI DMIZI I U 3111190 1 COM It is understood and agreed that the Subdivider shall not be required to pay a municipal electric service access charge, since the property is located within the original municipal electric service boundary. 2. It is understood and agreed that the Subdivider shall, prior to installation of utilities, pay connection fees for Electric and Gas Service to Hutchinson Utilities for all lots to be served in the final plat. These costs for standard single - family house services for 1995 are $150 for Electric Service, and $150 for Gas Service. These fees include the standard connection to each house, and include required meters. Services larger than the standard residential sizes will be at an additional cost. Fees for multi - family units shall be as determined by • Hutchinson Utilities. Huski Addrtion/August 8,1996/Page 2 3. It is understood and agreed, that a Parks and Playground Contribution shall be paid to the • City prior to issuance of any Building Permits. For development of Block 2/1-ot 1 the Subdivider will pay the full $135 per unit ($4.320.00) at the time of the building permit. They will also be required to provide $4,000.00 worth of play equipment on site (tot lot). If the Subdivider's costs exceed the $4,000.00, receipt must be provided so the City can credit them the difference from the initial cash contribution. In any event the credit will not exceed the cash contribution. This formula has been approved by the PRCE Board. 4. Block 1/Lot 1 shall pay an amount to be determined based on City policy at the time of building construction. Additional consideration of parks and playgrounds facilities for Block 1 will be reviewed when development plans are submitted to the City. IV. GENERAL 1. It is understood and agreed that no building permits will be issued for building construction prior to the utility and street improvement project completion, unless the Subdivider provides a separate access to the building site that does not interfere with utility and street construction. Any damage that occurs to areas within the improvement project due to building construction shall be the responsibility of the Subdivider to correct. 2. It is understood and agreed that all local, state and federal permits required to be obtained for the development shall be the responsibility of the Subdivider. • 3. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 4. It is understood and agreed that the City shall record this agreement at the McLeod County Recorder's Office or McLeod County Registrar of Titles Office, and that no Building Permits will be issued until said Agreement is recorded and a certified copy of this agreement is provided to the City. All costs associated with said recording shall be paid by the Subdivider. IN WITNESS THEREOF, has hereunto set its hand this _ day of ,19_ • Huski Addition/August 8, ft/Page 3 • FEE OWNER: Leo M. Sand, Chief Executive Officer Sand Properties, Minnesota Inc. STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this_ day of 19, by Leo M. Sand, Chief Executive Officer of Sand Properties, Minnesota Inc., a Minnesota corporation, on behalf of the corporation. Notary Public, My Commission Expires APPROVED BY THE HUTCHINSON CITY COUNCIL THE 19_. • CITY OF HUTCHINSON MARLIN TORGERSON, MAYOR STATE OF MINNESOTA COUNTY OF THIS INSTRUMENT WAS DRAFTED BY: John P. Rodeberg, PE Director of Engineering(Public Works City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 -2522 320 - 234 -4208 • County, Minnesota DAY OF GARY D. PLOTZ, CITY ADMINISTRATOR The foregoing instrument was acknowledged before me this day of 19_, by Marlin Torgerson, Mayor and Gary D. Plotz, City Administrator of the City of Hutchinson. Notary Public, My Commission Expires Huski Addition/August 8,1996/Page 4 County, Minnesota G:'S( BAGRE'E1H(15K2ADD - AUgun 8.1996 ��NNESpTq vo Z� • n a n F � p F1,T 5Q OF TFPa August 2, 1996 Minnesota Dc1mr1mcm of Transl()rlafion BOX Ise 2505 TRANSPORTATION ROAD WILLMAR. MINNESOTA 56201 Mr. John Rodeberg, City Engineer Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 Dear John: C AUG 8 1996 Mn/DOT has set -aside 1997 consultant budget dollars to conduct transportation planning studies in cities > 5,000 population, which includes the City of Hutchinson. The purpose of this letter is to outline a preliminary scope of work, timeline and funding proposal for a joint study between Mn/DOT, McLeod County and the City of Hutchinson. Over the past several years, significant changes have occurred within and immediatel adjacent to the city limits. In addition to multiple new housing areas, numerous other major tr2c generators have occurred or are in various stages of development -- including our new HATS facility. I think you will agree that Hutchinson's growth has accelerated the need for a 20 year Comprehensive • Transportation Plan. That is why Mn/DOT is proposing to enter into a cooperative planning partnership with McLeod County and the City of Hutchinson to provide technical and financial support (see attached proposal). At this time, we are asking Hutchinson City Officials to indicate their support for this proposal by signing the attached "Resolution of Support" and return to this office by SeDtember 1. 1996 Please note that the Resolution is a nonbinding document that merely states the intentions of the three parties to enter into an agreement. Upon favorable action by the City and County, Mn/DOT Will initiate next steps, which would include the drafting of a formal Cooperative Agreement requiring execution by the City of Hutchinson at a later date. If you have any questions, please feel free to contact Cheryl Plathe, Transportation Planner, at 320/231 -5497. Sincerely, moo,.. .1.�..- e.a... David G. Trooien Transportation District Engineer Attachments: Resolution of Support and Proposal Copies: Gary Plotz, City Administrator Donn Wmckler, Mid-Minnesota RDC Nelrae Succio, Assistant District Engineer • Tom Behm, District State Aid Engineer Cheryl Plathe, District Transportation Planner An Equal Opportunity Employer Resolution of Support" (1997 Hutchinson Area Transportation Planning Study) WHEREAS: The City of Hutchinson wishes to enter into a partnership with The Minnesota Department of Transportation (Mn/DOT) and McLeod County to retain the services of a professional consultant to perform a Hutchinson Area Transportation and Planning Study which will result in the development of a 20 year transportation plan to address anticipated growth in the area; and WHEREAS: Said consultant study will be guided and directed by a Technical Advisory Team, which shall include technical expertise in the areas of transportation planning and engineering; and WHEREAS: Said Technical Assistance Team shall include two (2) representatives from the City of Hutchinson; and WHEREAS: The cost of the study will be limited to 575,000; and WHEREAS: Mn/DOT is willing to fund 80% of the study's cost; the balance to be shared equally by the City of Hutchinson and McLeod County. NOW, THEREFORE, BE IT RESOLVED that the City of Hutchinson supports said study and instructs Mn/DOT to assume responsibility for overall project management, which will include the drafting of a Cooperative Agreement between Mn /DOT, McLeod County, and the City of Hutchinson. Adopted by the Hutchinson City Council on this _ day of 1996. • Attest: Marlin Torgerson, Mayor City Clerk • r • "Proposed" • Hutchinson Area Transportation Planning Study A cooperative planning effort between: r" McLeod County City of Hutchinson Mid - Minnesota Regional Development Commission • August 2, 1996 /, T Hutchinson Area Transportation Planning Study • Introduction• Hutchinson is located in central Minnesota: 60 miles westerly from Minneapolis/St. Paul and sits approximately in the center of a triangle formed by the regional centers of St. Cloud, Willmar and Mankato. Although Glencoe is the county seat for McLeod County, Hutchinson is actually the county's primary city. Classified as a "Significant Regional Center" on the Market Artery System, Hutchinson is rated as a `complete shopping center" by CURA. Major employers include Hutchinson Technology (computer parts) with 4,600 employees, 3M (scotch/magnetic tapes) with 2,200 employees, and Hutchinson Community Hospital with a workforce of 300. Hutchinson has 30 acres currently • available for industrial development: Hutchinson Industrial Park with 20 acres available and Airport Addition with 10 acres. City staff have been updating their Comp Plan, which includes five elements: Sanitary Sewer System Expansion, Surface Water/Drainage Improvements, Park and Recreation Open Space System, Land Use, and Street System Plans (see attachments). McLeod County and the City of Hutchinson have experienced population growth of 15.8% and 43.5 %, respectively for the period 1970 -1990. The 1990 census shows Hutchinson with a population of 11,523 and as a city of> 5,000 population, Hutchinson receives an annual state aid construction allotment of approximately $300,000. McLeod County receives an annual state aid allocation of approximately $1.2 million for regular and municipal construction. Page 1 • • State highways 7, 15 and 22 converge in Hutchinson: All carry a year-round 10 ton designation. All of Highway 22 as well as Highway 7 west of Hutchinson are functionally classified as "Minor Arterials" whereas Highway 15 north/south and 7 east of Hutchinson are "Principal Arterials ". (Refer to map for additional Minor Arterials and Major Collectors on local system.) Public Transportation services include the city- managed "Hutchmobile ", offering dial -a -ride and route deviation with 3 small buses. Currently, Hutchinson is not served by an Intrastate Regular Route Passenger Bus Authority. Hutchinson has formed a Light Traffic Task Force (LTTF) to oversee the development of a citywide bicycle/pedestrian/transit plan. SRF consulting firm was retained to provide • recommendations to the LTTF and recently submitted 8 draft "Technical Memos", including a • "Short Term Implementation Action Plan ". Also, a McLeod County Trails Group has developed a Master Plan, creating a countywide trail system. A 1995 ISTEA Enhancement project upgraded 3.5 miles of the Luce Line Trail running east/west through Hutchinson; additional Luce Line Trail improvements have been approved for ISTEA funding in 1997 -98 between Hutchinson and Cedar Mills (to the west) and Hutchinson and Winged (to the east). Hutchinson is saved by Dakota Rail Inc. with 44 miles of piggy -back service. Hutchinson also has a 3,200' paved runway with charter service available. Page 2 Purpose and Scope of Work • Purpose of Study; To conduct a 20 -year transportation planning study which will result in orderly growth and development within the City of Hutchinson. The study shall include three components: Needs Assessment, Alternative Analysis, and Implementation Plan. Needs Assessment: The needs assessment will include a review and analysis of city comprehensive plans, identify major transportation corridors within or immediately adjacent to the city (existing and proposed) regardless of jurisdiction, and develop 2015 traffic forecasts at a segment and intersection level. Examples of data to be studied include: • Census Bureau Demographic and other Socio-Economic Data ' Traffic Volumes • Accident Statistics • Capital Improvement Plans ' Zoning and Land Use Plans • Airport Master Plan ' Rail/Grade Crossing Improvement Plan ' Bike/Pedestrian Plan ' Infrastructure Plans (Street System, Sanitary Sewer System, Surface Water, Electrical/Lighting) Alternative A ffb3th To develop and evaluate a range of alternatives to address existing and future transportation system needs. ' Capacity and /or safety alternatives could include a bypass around the city, additional lanes, turn • lanes, passing lanes, roadway widening, interchanges and signals • Corridor preservation techniques and applications could include early acquisition of right -of- way, regulatory controls under local police power, and voluntary cooperation by land owners ' Policy -level alternatives could include highway jurisdiction and functional classification changes System Plan Development To develop a cooperative investment plan for implementing projects in a timely and orderly manner ' Listed in priority order based on need ' Immediate (0-5 years), medium (5 -10 years) and long -range (10-20 year) ' Action steps for all levels of government (city, township, county and state) ' Based on criteria established by the Technical Advisory Team, including but not limited to: Funding availability, need, com ty and regional support, and deliverability (i.e. realistic project development timelines) Page 3 0 • "Roles and Resnonsibilities" Mn/DOT 1. Financial commitment of up to $60,000 2. Provide a Project Manager who shall (with Technical Advisory Team input and involvement) ' Prepare and Issue a Request for Qualifications/Interest (RFQ/1) • Administer the Consultant Interview /Selection Process • Administer the Consultant Contract • Act as liaison between the consultant and the Technical Advisory Team ' Provide staff to the Technical Advisory Team (agenda, minutes, meeting logistics, coordinate public involvement activities) 3. Appoint 1 representative to serve on the Technical Advisory Team (recommend District Traffic Engineer or District State Aid Engineer) City of Hutchinson 1. Financial commitment of up to $7,500 2. Appoint 2 representatives to serve on the Technical Advisory Team (recommend City Administrator, City Planner, City Engineer and/or Police Chief) McLeod County 1. Financial commitment of up to 57,500 • 2. Appoint 1 representative to serve on the Technical Advisory Team (recommend County Enginer). Regional Development Commission 1. Appointment 1 representative to serve on Technical Advisory Team (recommend Transportation Planner) Note: The Technical Advisory Team will be responsible for - Providing a representative to serve on the Consultant Interview /Selection Panel — Providing data to the consultant, including but not limited to traffic data and studies, geometrics, as -built plans, planned or programrned project data, pavement and bridge structural inventories and analysis, zoning, ordinances and land use plans, socio- economic data, capital improvement plans, etc. — Providing technical expertise in transportation planning and engineering issues -- Providing local, regional or statewide perspective on transportation plans, policies, standards and programs — Ongoing communication with internal and external stakeholders and customers • Page 4 Proposed Timeline" • September 1, 1996 RFP Released to Qualified Consultants October 1, 1996 Deadline for RFQ/1 responses from interested consultants October, 1996 Consultant Selection/Approval Process November, 1996 Contract Negotiations and Contract Preparation December 31, 1996 Contract Approval January-June, 1997 Contract Execution June 30, 1997 Final Report and Contract Completion Page 5 August 8, 1996 Mayor Marlin Torgerson and the City Council Members City Center 111 Hassan Street S. E. Hutchinson, MN 55350 Dear Mayor Torgerson and City Council Members: Solitra U.S.A. is interested in purchasing Lot 9 in the Industrial Park, which is adjacent to Lot 8 where we are currently located. In our Lease Agreement the option to purchase Lot 9 is spelled out at a cost of $11,213.00. Sincerely, • -k3 - -- Lasse Ravaska President Solitra U.S.A. LR/mbs DATE: August 7, 1996 TO: Honorable Mayor Marlin Torgerson, City Council Members, City Administrator - Gary Plotz FROM: Dick Lennes - HCDC Executive Director RE: Solitra U.S.A. ", 5 Solitra U.S.A. has a written agreement with the City of Hutchinson that they can exercise their option to purchase Lot 9 in Block 1, First Addition to Hutchinson Industrial District at a price of $11,213.00. This option according to the agreement is exercisable only in the event that Solitra purchases Lot 8 which they are currently occupying. As I understand the sale of any property by the City must have two readings. It is requested the first reading take place on Tuesday, August 13th and the second and final reading on Tuesday, August 27th. This gives us some time to work with the HCDC Finance Team and with the City Attorney - Barry Anderson to work out the details on the transfer of title from HCDC to Solitra for Lot 8 and also the necessary paperwork for the acquisition of Lot 9. , At the time this memo is being written, HCDC does not have a formal written request from Solitra, however, a letter is to be delivered in time for the mailing of the agenda. 0 August 9, 1996 City o f 77 j 1.a-W��] The audit for 1995 has been completed. Last year the council held a workshop with the auditors to review the financial report for 1995. The auditors then would summarize the report for the council and public at their regular meeting. If the council would like to follow this same procedure we would ask for a motion to approve a workshop preceding the regular meeting on Tuesday August 27. x:d « \Z.r 1.v d City Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street S15 10 Franklin Street S {l Elutchinson, 61.x' 55350.2522 Hutchinson, UN 55350 -3097 Hutchinson, N 55350 -2464 (320) 587 -5151 Far(320)234 -4240 (320) 587 -2975 Fax(320)234 -4240 (320)587.224' Fax (320) t - Printed on recycled paper - • C] MEMORANDUM August 9, 1996 To: Mayor & City Council From: Marilyn J. Swanson, Administrative Secretary 111 iii Jill! 1111 1 143-1103901 Since the copies of the photographs provided by Earl Fitzloff did not reproduce very well on the copy machine, the originals will be available for viewing at the workshop. I am in the process of obtaining copies of three petitions submitted in 1989 or 1990. Therefore, they will provided in time for the workshop. Also, Mr. Fitzloff submitted additional background information regarding the intersection issue which dates back to 1990. It will also be copied and handed out for the workshop. cc: Earl Fitzloff _C FA0G 1 1 9) 1 "o the mayor and to the council: C • I believe traffic can be moved safely and conveniently for today's convenience- minded shopper without creating an obstruction and resulting negative reaction for the driver. We in retail cannot have disgruntled customers frustrated by difficulty getting to or away from our business. Please note that the following sequence of changes took place Previous to John Rodeberg's presence and he is not responsible for the creation of this situation. But with his experience and knowledge I believe he can encourage a solution. In 1971 -72 property was given for construction of the street that passes in front of Hardware Hank. In 1988 half of the street was closed. Required assessments for the street were paid. Letters from the public were sent to the Leader (attached) and a petition gained approximately 300 signatures. The county board's reaction is also attached. The following is an observation of traffic flow on June 9. 1995 between 7AM and 12 noon (specifically a count of cars going north on Lynn Rd.): 43 cars by way of Pizza Hut 10 cars by way of the Health Center 54 cars by Clinton Ave. (some came by way of highway 15) 107 TOTAL CARS FROM 7 -NOON �- This could easily translate into 200 or more cars passing in front of the store each day. This represents the lost business we would like to regain. Did the council know before construction that Lynn Road would be closed to incoming traffic from the south and west? Was the council advised of the effect this construction would have on the three commercial properties? The city has paid for a study but has not received from that study any plans that would correct the situation -- no proposal to accept or re.ject. I have asked councilman Don Erickson to inquire of commercial realtors as to estimates of the amount of property value that has been lost. I have also asked him to contact retail managers as to what they believe the effect would be on business to lose over 200 cars from the traffic passing their front door each day. LOCATION LOCATION LOCATION LOCATION LOCATION The following information highlights the history of hardware stores in Hutchinson and the impact that location has had on their success: 1. OK Hardware prospered near SHOPKO with the resulting traffic it is provided in the Plaza 15 location. When SHOPKO left so did OK 0ardware. * TRAFFIC- LOCATION 2. Coast to Coast had tough going until the relocation of SHOPKO and More 4 into the area and now it prospers. *TRAFFIC- LOCATION 3. Farm & Horne prospered on Lynn Road before the street construction of 1988. Bill and Jackie tried to maintain business levels by among other things, working double time. And yet this business no longer exists. *LOSS OF TRAFFIC 4. Hardware Hank prospered on Lynn Road before the construction of 1988. Volume dropped and the business was unable to regain more than inflation of 3: each year and is unable to generate a profit. In response to the decrease of sales after construction year 1988 we had a market analysis conducted. Tim Anderson of United Hardware conducted the in- market phase. Distribution America prepared and collected the data for demographic reports, competitive analysis, sales analysis, in store analysis by department and space allocation. It was concluded that we have a viable business with good growth Potential. Strengths lie in location, proximity to other retail draw, and high visibility. Weaknesses included in -store lighting, merchandising of price leaders, and INGRESS and EGRESS to the store. • The recommendation was signing: (2'X 4' signs minimum) 1 on South Grade Road 1 or 2 on Highway 15 to identify entrance 1 or 2 on the boulevard east of Hardware Hank parking lot directing traffic to Highway 15 N., Highway 15 S. and the mall when examining the plan for work underway Tim Anderson found no improvement to aid the business and property on Lynn Road. He did detect a possible negative effect with the lare marking that will discourage the reverse flow of traffic through Pizza Hut which has proved to be a positive for us in the existing situation. Note has been made that there was no positive instructions to improve access to Lynn Road, hence all negative reaction to feasibility. Dan Sarf of Bolton & Menk, Inc. says it is possible to open Lynn Road however it is riot the preferred engineering option. The conclusion of the recommendation labeled "Alternative D" states: "Maintain the Lynn Road access as it presently exists and provide additional signing to guide traffic to northbound T.H. 15. This alternative is feasible and we recommend that it be implemented regardless of whether other alternatives are pursued." Let us consider a plan for better access. Pictures will show it �eing done: 1. Lakeville, MN 35W East on #50. Thi; is looking west. at 175th 5t. and #50. Note the strip on the right which leads to Mills Fleet Farm. • 2. This is the start_ of strip mall on service road next to #50 goes west and north to Mills Fleet Farm. 3. The west end of the strip turns north to Mills Fleet Farm. 4.& 5. Looking at westbound traffic on #50. This traffic can turn and 175th St. can enter Super America on a short turn. Eastbound can also have access to Super America via 175th St. and enter. 6. Standing in the entrance to the strip mall at 175th St. Showing proximity to #50. Looking at entrance to Super America. 7.& 8.& 9. All show intersection of #50 & 175th St. Note availability of all turns: Bank, Dairy Queen, Super America and the strip mall. 10.& 11. Hutchinson -- School -Road to Highway 22 and Highway 7 going • west. NoLE� 3 breaks or turns available to the west and Super America and also to the east to Happy Chef and the service road. Traffic is 2 -way in all cases. Super America came after the 1988 construction of Highway 15 South, 12.& 13. Hutchinson- -Citgo -Quick Mart Note proximity of entrances to lot and that all are 2 -way. There are no restrictions even from the north to turn the corner and enter. This was built later than the 1988 construction of Highway 15 South. 14. Hutchinson- -AMOCO Intersection of Highway 15 and Highway 7 Note availability of in and out around corner - -no restriction on eastbound or westbound traffic. This intersection was redesigned and marked after 1988 the construction of Highway 15 South. 15. South Grade Road & Highway 15 2 of 4 cars turned on Clinton Avenue to reach Lynn Road. It could have been more convenient and safe.to turn at the south end of Lynn Road. 16.& • 17. Intersection of South Grade Road and Highway 15 Shows space available for changes- -more adequate space and much less traffic than samples above. 18. Farm & Home location We miss them and wonder if the street construction of 1988 was a large factor in their demise. 19. Standing at H.W. corner of Hardware Hank This indicates the amount of traffic from the Health Center by LOAM after an overnight snow in March. 20. Intersection in question It can be reworked as per pictures. Please order a plan to consider this. Yours truly, Earl E. Fitt fff P.S. I desire a discussion with full council with press but prefer 0 n video for freedom of discussion. Please arrange a time and place. U i%1 LAKEVILLE, MN (35W East on #50) #2 STRIP MALL ON SERVICE ROAD NEXT TO 1150 (Goes West and North to Mills Fleet Farm) 0 • C� J r WkNQ Lip" ww ;r Y; I z'1 . r Irm 1) 'Itt ?� - I�� `. l ' t / .� �� � �5'. 4. "}414 � �_ � -•� ••rte ^ I �� �'� we'll" �m 4th. . _ ai a j_iIIR .(A r X 1 •f r 0. 1 a 1 1 I I ,r .•+ r s F iYS ! 1i ✓ ! !+" ►t�1'`/Y'� ;i r. ri Y!, i`W'j!asrr;. r� t - •d Cy_ "�f !`i ll� ��ry rj 'r. r i�r3 t. -Wal -711rr NW- js lot lid h av S eJ® u 0 0 $19 STANDING AT NW CORNER OF FARDWARE HANK 1120 INTERSECTION IN QUESTION 0 RESOLUTION NO. 10723 RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES WHEREAS, the Director of Engineering and the Police Chief agree that the following areas have traffic control concerns which warrant traffic control devices, and; WHEREAS, the Hutchinson City Council has the authority to establish locations as points where traffic control devices shall be erected, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: That the Council hereby establishes that a traffic control device known as a "NO PARKING" sign shall be erected at the following location: • On the north and south side of Trunk Highway 7/22 (4th Avenue NW) from Trunk Highway 15 (Main Street) west to a point 500 feet west of Kouwe Street. Adopted this 13h day of August, 1996 by the City Council of Hutchinson, Minnesota. City Administrator - Gary D. Plotz • HARESOLUTTRAFFICITRAFC016RES Mayor - Marlin Torgerson /o -14 , OPEN -HOLD COUNCIL REPORT TUE, AUG 13, 1996, 11:55 AM page -- - - -- - 1980 TIDS c *> '---'------------------ COUNTY TREASURER '-- "-X-IN - -'--'--"- '-- ---- SET-UP TAX INC #9 /CERTIFIED ---- -' -- '-- ----- -- $100.00 $100.00* 084 PARKING BDS JUUL CONTRACTING CO < *> ESTIMATE #2 -JULY 1996 $89,330.40 $89,330.40* 1995 IMPRO CONST BOLTON F MENK INC. MID -MN HOT MIX INC PROFESS SERV- HAYDEN, OSGOOD $1,803.34 EST #8 $3,694.20 $5,497.54* 1996 IMPRO CONST BOLTON & MENK INC. JUUL PROFESS SERV -S GRADE ROAD 8.08 $67$678.16 CONTRACTING CO EST #4 OSM WM MUELLER � SONS PROFESS SERV -LUCE LINE $3 $22,144.93 < *> EST 41 ,$15,285.50 $41,236.67* CAP.IMPRO.FUND LOGIS PHIL G PAINTING WIRING, NETWORK $14,051.39 *> CLEAN, PRIME 6 PAINT TRUSSES 12,300.00 26,351.39* B< CENTRAL GARAGE BRANDON TIRE CO CARQUEST VALVE STEM, INSTALL $1,279.48 AUTO PARTS DISC PADS CITY OF HUTCHINSON AUG MED $811.51 COAST TO COAST EMED COMPANY NUTS, BOLTS, SCREWS $432.09 $1.11 FORTIS BENEFITS LOCK -OUT KIT AUG LTD $94.86 G 6 R SERVICES UNIFORMS $19.63 GEMPLER'S INC HUTCHINSON WHOLESALE LOCK -OUT TAGS, PLUG LOCK -OUTS 55.78 41.30 INK SPOTS AIR FILTER, CIR TEST $.14 MACQUEEN EQUIP INC PAPER - OPERATORS DAILY REPORT RUBBER DIRT $89 $89.90 MN BODY 6 EQUIPMENT DEFLECTOR INTERLOCK MODULE 363.54 MN DEPT OF REVENUE LOCK -OUT KIT 106.50 MN MUTUAL LIFE AUG LIFE 8.22 MTI DIST.CO NO STATES SUPPLY INC KEY SWITCH, CAP 6.93 $45.59 • POSTAGE BY PHONE MISC NUTS, WASHERS JULY POSTAGE $87.74 RUNNING'S SUPPLY STEEL $13.74 ST.JOSEPH'S EQUIPMENT INC WIPER BLADE $101.16 < *> W.D. COOLING CLINIC RADIATOR REPAIR, LABOR 6 PARTS $67.36 $971.58 $4,815.16* GENERAL FUND AAGARD WEST AUG SERVICE ABDO ABDO & EICK ALLEN PRECISION SERVICES THRU 7/31/96 $5 $947$947 .24 AMERICAN RED CROSS STARE CHASERS, PR NAILS POOL SAFETY, WATER POWER .00 22 $89 ANDERSON, DOUG ARNOLD REFUND TREE APPLICATION $458.32 $10.00 MCDOWELL JULY COMPENSATION $6,666.00 BAHR, SUE MEMBERSHIP RENEWAL- 1996 -97 $84.00 BALTIMORE AIRCOIL REFUND SOCCER CAMP BELT FAN, GASKET $48.00 BEACON BALLFIELDS DRAG W /BAR $134.19 BEE ARENA PRODUCTS KIT PAPER LINE HOCKEY $307.00 BENNNNET T OFFICE SUP. SERVICE CONTRACT $74.50 BENSHOOF, DEB B RISK SERVICES REFUND SWIMMING LESSONS $10.00 $13.00 BRRAUNAUN, , MARION PROFESS SERV REFUND SENIOR TOUR $800.00 BRO STUDIO PHOTO FINISH $34.00 BROWWNN, , ANDY NDY UNPIRE $12.74 BUSINESSWARE SOLUTIONS CADD /ENGINEERING PAPER, PRINT CRTG $12.50 $214.57 SUPPLY CASH WISE BLUELINE 250 /PK $51.36 CDI OFFICE PRODUCTS LTD SUPPLIES FILE 576.58 CENTRAL NEWSPAPER CHAMBER OF COMMERCE AIRPORT NEWS, JULY ISSUE 227.16 125.00 CHRISTENSEN, R.B. MUSIC IN THE PARK PIANO TUNING $1,500.00 CITY OF HUTCHINSON JULY LODGING TAX $58.00 COAST TO COAST NUTS, BOLTS, SCREWS $50,062.00 COLLETTE, JESSE REFUND POOL PASS $1,219.04 COMM TRANSPORTATION HANGAR PAYMENT- AUGUST $24.00 $800.00 f �J 11-Al OPEN -HOLD COUNCIL REPORT TUE, AUG 13, 1996, 11:55 AM page _________________________ _______________________________ GENERAL FUND COMPRESS AIR ______________________ ________ AIA QUALITY TESTS _ _________ $300.00 COMPTON, KELLI KIDDIE CARNIVAL $12.75 CONNEY SAFETY PRODUCTS REPL SUSP RATCHET $71.93 COUNTY TREASURER • PARCEL CHANGE PRINTOUT $4.90 CROW RIVER GLASS DOOR WINDOWS, REINF PIVOTS $382.80 DAAK, JEFF DANIELS, SHARON REFUND -CLASS C WINNER $100.00 DARTEK COMPUTER SUPPLY REFUND TWINS GAME KEYBOARD CADDY $6.50 DECKER, ANNIE KIDDIE CARNIVAL $$6.37 $19.25 DEPT NATURAL RESOURCES DNR FEES TO STATE $520.00 DEPT OF LABOR 6 INDUSTRY AIRPORT INSPECTION $10.00 DEVRIES, NICK CONCESSION STAND $21.25 DJ'S MUNICIPAL SUPPLY CABLE TIES, EAR MUFF $30.86 DOMINO'S PIZZA PIZZAS $709.00 EINCK, E TOURNAMENT WORKER $50.00 75.00 ELLIG, TRACY TRACY REFUND SWIMMING LESSONS EMME, LYLE FAMILY REXALL DRUG SPEAKER FEE - ADVENTURE CAMP $$13.00 FEED CONTROLS FILM CHLORINE, SODA CAUSTIC LIQ $54.71 $535.73 FESTIVAL FOODS LUNCHES $464.99 FITZI,OFF HARDWARE SCREEN $151.43 FOR Y SUSAN REFUND SWIM CLASS $30.00 FORESTRY SUPPLIERS TAPE $186.75 FORTIS BENEFITS G AUG LTD $1,533.37 i K SERVICES GALL'S INC UNIFORMS $812.13 GAME TIME EMS PANTS STANDARD GOAL $101.92 GARBERG, MINCIA REFUND SWIMMING LESSONS $65.29 $15.00 GENE'S S INC GENE'S TOWING HAND CLEANER, EYESALINE REFILL $57.20 GI, CARRIE TOWING SERVICE REFUND SWIMMING LESSONS $53.25 $13.00 GIESESE, RICK GREAT AT PLAINS SUPPLY MPIRE 2 X 4 $343.00 GRZEP, MEGAN BTR SPF, NAILS DANCELINE INSTRUCTOR $130.49 $120.00 HAAS, TERESA MALI -BRITE INC PARTIAL REFUND $15.00 HARTELT, ROBERT LAMPS REFUND LIFEGUARDING CLASS $76.21 $30.00 HAYNES, TRICIA DEPOSIT MUSICAL SHOW - 11/2/96 $200.00 HENRYS FOODS INC HENSEN, MARK GUM, CANDY, CHIPS 51,321.12 HEPOLA, BETH SW CHAPTER MTG FEE, MEALS $.11 • HILLYARD FLOOR CARE / HUTCHINSON REFUND DIVING CLASS BROWN TOWEL $17 $17.00 HOVDA, RACHEL REFUND RIBBON 6 DANCE $1,4$8.47 58.00 HUBIN PUBLISHING CO HUTCH CONVENTION 6 SPONSOR BUFFALO LAKE FIRE AD 520.00 HUTCH COOP CENEX JUNE LODGING TAX JULY FUEL $4,839.34 HUTCH FIRE & SAFETY EXTING RECHARGE $1,315.04 $210.98 HUTCH FIRE DEPT GENERAL ACCT FIRE INVEST CLASS $1,739.13 HUTCHINSON LEADER ADS HUTCHINSON TEL CO AUG SERVICE $807.67 $5,558.42 HUTCHINSON UTILITIES BULBS $6,707.27 HUTCHINSON WHOLESALE SWITCH IDEAL SHOE SHOP INK SPOTS MATERIAL f LABOR- AWNING REPAIR $9.60 5350.00 JEFF'S ELECTRIC FOLDING, COLLATING- SURVEY CHECK RUNWAY 6 TAXI LIGHTS 99.17 JOSS SPORT SHOP SOFTBALL /BASEBALL RIBBONS 64.04 $322.80 JOHNSON, KERRY JOHNSON, TORY SUMMER GYMNASTICS CAMP $140.00 KELLY, LEROY REFUND CONDITIONAL USE PERMIT 575 $75.00 KING, TOM UMPIRE GAMES CARNIVAL, SOFTBALL TOURNAMENT $180.00 KO JOANNE A REFUND SKATING CLASS 61.63 KOENIGNIG, KERRY KE, MARY REFUND RIBBON � DANCE .00 .00 $ $88REFUND KRUEGUEGER, MELISSA PARTIAL REFUND FOR OVERPAYMENT $15.00 L P SUPPLY CO LABOR- REPAIR WEED WHIP .00 517 $$17.50 LADE, BRYAN CARSON, LISA REFUND - WINNING TEAM CLASS D $100.00 LEHN, JEFF LNNES, PARTIAL REFUND REFUND FIELD RESERVATION $15.00 $10.00 RICHARD LIND, CURT JULY COMPENSATION $2, .78 LINDER BUS COMPANY REFUND ADVENTURE CAMP BUS TRANSPORTATION $18 $18.00 CINDER, CASSIE KIDDIE CARNIVAL 51,497.10 LINDER, NIKI LIQUOR HUTCH TRACK FIELD, KIDDIE CARNIVAL TROTBEER $12.75 $23.50 LOGIS JULY SERVICE $29.70 LUND, SHERRY REFUND SWIMMING LESSONS $5,$26.29 $26.00 r 1 L_J OPEN -HOLD COUNCIL REPORT TUE, AUG 13, 1996, 11:55 AM page 3 ------- _---- _____------- _------ __ __________--- GENERAL FUND MADSON, STEVEN _____________ ______________________________ FBI SEMINAR- MEALS,PAR K,HOTEL ______ $411.42 MARCO BUS.PRODUCTS LABOR, TRAVEL & PARTS $216.08 MCKEEVER, LAURAL MCKEEVER, LAUREL REFUND SWIMMING LESSONS $13.00 • MCLEOD COOP POWER REFUND SWIMMING LESSONS JULY ELEC $13.00 MCLEOD COUNTY RECORDER BALANCE OF TRANSFER FEE $458.89 $90$90.07 MEMINDEK METRO ATHLETIC SUPPLY CALENDAR VOLLEYBALLS .00 $ MID AMERICAN RESEARCH CHEMICAL SILICONIZED RELEASE AGENT $126.31 $361.04 MILLS, JOHN & HELEN REFUND SENIOR TOUR $34.00 MINNCOMM PAGING SERVICE & RENT - AUGUST $27.16 MINNCOR CENTRAL STRAIGHT EDGES $144.69 MINNESOTA CLE MN DEPT OF REVENUE REG -DAVE ERLANDSON $390.00 MN ELEVATOR INC. KEYBOARD CADDY ELEVATOR SERVICE $82.41 MN MUTUAL LIFE AUG COBRA- MATTSFIELD $67.90 $542.43 MN SAFETY COUNCIL MEMIBERSHIP DUES $150.00 MN SPORTS FEDERATION STATE TOURNAMENT $100.00 MOON, DOLF MR. MOVIES MEALS- WILLAAR & WATERLOO TRIP $31.31 MUETZEL, BRUCE RENTAL REFUND -TUES C WINNER $11.75 $100.00 MUSEL, DAWN NELSON, DENISE REFUND SPORTS CAMP $10.00 NELSON, STEPHANIE REFUND WOMEN'S PENTACULAR KIDDIE CARNIVAL $75.00 NEW UTAS MONUMENT COMPANY RESET & RESEAL MONUMENTS $12.75 $2,420.00 NICKLASSON ATHLETIC CO BASEBALLS, BATS $324.11 NO STATES SUPPLY INC OPM INFORMATION SYSTEMS MISC NC NUT HX FIN LASER JET TONER CARTR $62.75 PANKAKE, MICHELLE KIDDIE CARNIVAL $108.94 $ 22.50 PAULSON, ADAIR ICE SHOW ANNOUNCER 5250.00 PELLINEN, WILLARD PETERSON, JEAN PROFESS SERVICES $`795.00 POSTAGE BY PHONE REFUND SENIOR TOUR JULY POSTAGE $34.00 POWELL, MARVA 11 HOURS PREP & SUPV $831.24 82.50 QUADS ELECTRIC LAMPS QUEEN OF EXELSIOR CRUISE -AUG 24, 1996 65.39 $858.64 R &R SPECIALTIES INC ICE BLADE GRIND $26.00 RE- DUN -IT APPLIANCE APPLIANCE PICKUP $40.00 RECREONSTE RINK SYSTEMS UNIV HEAD IMMOBILIZER $61.74 RODEBERG, JOHN LABOR, MILEAGE, DRIVING TIME MEALS, PARK, HOTEL- CONFERENCES $442.20 ROMO, JOHN L. • HOURS WORKED $489.16 $192.00 ROSENOW, BRUCE ROSSITER, AMY HOURS WORKED $240.00 R ASSOC P REFUND SWIMMING LESSONS ARCCAD UPGRADE $36.00 RUNKENKE, BRUCE RUNKE, MARGARET BUS RODEO- MEALS,MILEAGE,HOTEL $340.80 $197.53 RUNNING'S SUPPLY PARTIAL REFUND HDWE, GUARD CLIP .00 $15$15.36 SALLY DISTRIBUTORS , CANDY, BALL, FLYING SAUCERS $ 291.14 JOHN SCENIC UMPIRE SCENIC SIGNS S DECALS SCHAEFER, DAVID UMPIRE $26.00 $26.80 SCHALL, GENELLE REFUND POOL RENTAL $.50 $7.50 $7 SCHWANS SALES ENTERPRISES INC ICE CREAM PRODUCTS $55.72 SEVEN WEST WASH & DRY LAUNDRY SHAW, KAREN SIMONSON LUMBER CO SENIOR LINE DANCE 5.5 HOURS 74.54 82.50 SMITH, JENNY pOLy REFUND SWIMMING LESSONS $30.34 $13.00 STANDAR BUS PRINTING STANDARD PRINTING CONSTRUCTION BULLETIN $803.85 STUCKE, CARTRIDGE, LABELS $$26.92 S LACY LU RECHARGE BATTERY CANCEL SHELTER RESERVATION $26.57 SUTTER, ATTER ROBERT TAYLOR TECHNOLOGIES REFUND TREE APPLICATION 15.00 10.00 TILTON,ON INC SOFTDESK CIVIL UPGRADES JULY EMPLOYER CONTRIB -G PLOTZ $608.00 TILTON, DAVID UMPIRE $238.90 TRI TRI CO WATER PROFESS SERV -PHASE II $210.00 $1'877.37 TRIPLE G DISTRIBUTING INC RIBA JULY SALT DELIVERY SNAPPLE -KIWI STRW $15.66 TURCOTTE, TERESA PARTIAL REFUND TWO WAY COMM INC U OF M RAPTOR CENTER DPC SLIM, TRADE MIGHTY CELL $$54.20 15.00 $397.43 UNITED BLDG CENTERS SPEAKER FEES - ADVENTURE CAMP RETURN CLEAR POLY $140.00 UNIVERSITY OF MN REG -JOHN RODERBERG -$36.74 US WEST COMMUN AUG SERVICE $95.00 VIKING COCA COLA JUNE POP PURCHASE $207.21 $915.15 r 1 L_J OPEN -HOLD COUNCIL REPORT TUE, AUG 13, 1996, 11:55 AM --------------------------------------------- GENERAL FUND VIKING OFFICE PRODUCTS $87.05 VOSS LIGHTING • WAGNER, JEFF WAGNER, JENNIFER SKYJACK REPAIR TOILET WAL -MART KIDDIE CARNIVAL WALTER, MELVIN & DOROTHY $75.15 $8$8 WEST PUBLISHING CO REFUND SWIMMING WILLIAMS, COLIN $ WITTE SOD GLITTER, PAINT, WORD PERFECT CORPORATION $$13.00 WRIGHT, LEE REFUND SENIOR TOUR XEROX CORP .90 ZILLMER, RICK AUG SERVICE $61 HAT -FAC. CONST < *> HOUSING REDEV HUTCH TRANS FAC • LIQUOR • STORE BREMIX CONCRETE CO KLEESPIE HEIDECKER &, RICK page _______________ __ HP LASER CRTRDG _______________________________ SERIES II $87.05 __ FB40WW /6 SKYJACK REPAIR TOILET $481.29 KIDDIE CARNIVAL WATER /SEWER THRU 6130196 $75.15 $8$8 REFUND SWIMMING LESSONS $ .50 GLITTER, PAINT, EYES, PAPER $$13.00 $152.90 REFUND SENIOR TOUR $34.00 .90 MN ST AN V48 AUG SERVICE $61 .91 UMPIRE $1$205.12 .33 $$61.00 COFFEE SOD SUBSCRIPTION .55 $12.60 $ UMPIRE JULY POSTAGE $24.00 .00 5355 JULY USAGE $8 $150.00 $588.33 JULY SERVICE UMPIRE $195.00 $12,416.84* AUG SERVICE JULY GAS & ELECTRIC $132,643.40* ALLIED MECH.SYSTEMS ALLIED SERVICES OF HUTCHINSON CITY OF HUTCHINSON COAST TO COAST ERICKSON & TEMPLIN G & K SERVICES HILLYARD FLOOR CARE / HUTCHINSON HUTCHINSON TEL CO HUTCHINSON UTILITIES MCGARVEY COFFEE INC METRO SALES POSTAGE BY PHONE SCHMELING OIL CO WAL -MART WITTE SANITATION AAGARD WEST AM.LINEN SUPPLY CO AMERICAN LEGION POST 21 BERNICKS PEPSI COLA CDI OFFICE PRODUCTS LTD CHUCK'S REF CITY OF HUTCHINSON COAST TO COAST ED PHILLIPS & SONS CO. FESTIVAL FOODS FORTIS BENEFITS FRIENDLY BEVERAGE CO GLENCOE ENTERPRISE GRIGGS COOPER & CO HENRYS FOODS INC HERMEL WHOLESALE HUTCHINSON LEADER HUTCHINSON TEL CO HUTCHINSON UTILITIES JOHNSON BROTHERS LIQUOR CO. JORDON BEVERAGE INC. KARP RADIO LENNEMAN BEVERAGE DIST. INC LEO'S TRANSFER LOCHER BROS INC MN MUTUAL LIFE POSTAGE BY PHONE QUALITY WINE & SPIRITS CO. TRAVELERS DIRECTORY SERVICE TRI CO WATER COND TRIPLE G DISTRIBUTING INC VIKING COCA COLA PSI MIX, WINTER SERV CONCRETE $686.63 HATS FUEL- EXTRAS $6,425.88 $7,112.51* ELECTRICAL WORK $1,463.78 JULY DELIVERIES $1,463.78* SKYJACK REPAIR TOILET $481.29 WATER /SEWER THRU 6130196 $45.00 $516.71 CLEANING $32$32.00 SCRAPER WORK ON 7/8/96 $1, .35 UNIFORMS $152.90 KITCHEN TOWEL $32 AUG SERVICE $$32 .91 JULY GAS & ELEC $1$205.12 COFFEE $30$30.00 .55 SERVICE AGREEMENT $ .00 JULY POSTAGE $133$133.43 .00 DIESEL FUEL FAN $8 .21 JULY SERVICE 17.00 $63.37 JULY ADVERTISEMENT $12,416.84* AUG SERVICE $45.20 JULY DELIVERIES $153.86 ADVERTISING -ST BASEBALL TOURN $52.50 JULY POP PURCHASES $115.40 JULY PURCHASES $90.51 FILTERS, LABOR $53.87 LOTTERY PAYMENT $1,251.18 BULBS, TAPE, CORD GUARD $29$29.43 JULY LIQUOR PURCHASE $5, .63 SUPPLIES $16.85 AUG LTD JULY BEER PURCHASE $36 $858.55 .93 JULY ADVERTISING JULY WINE PURCHASE $3 .00 JULY TOBACCO PURCHSES ,$78$78 $957.47 .43 JULY TOBACCO PURCHASES $587.12 JULY ADVERTISEMENT $121.77 AUG SERVICE JULY GAS & ELECTRIC $130.00 JULY WINE PURCHASE $1,188.46 $3,990.54 JULY BEER PURCHASE $713.15 JULY ADVERTISING JULY BEER PURCHASE .00 $7 $8$8.25 2ND HALF FREIGHT -JULY $623 JULY BEER PURCHASE AUG LIFE .92 $3$623.30 JULY POSTAGE $13.02 AUG BEER PURCHASE $24.64 $6,485.22 ADVERTISING $239.00 JULY WATER DELIVERIES 31.62 $$36.70 JULY BEER PURCHASE JULY POP PURCHASE $8, $536.50 $40,354.02* OPEN -HOLD COUNCIL REPORT TUE, AUG 13, 1996, 11:55 AM page ---- ----- ------ ---- ------ - -------------------------------- PUBLIC SITES MCLEOD COOP POWER 5 ELECTRICAL HOOKUPS $4,000.00 $4,000.00* I ..AL WATER /SEWER FUND E I HUTCH FIRE DEPT GENERAL ACCT HUTCHINSON WHOLESALE AAGARD WEST AUMA ACTUATORS BERG - JOHNSON ASSOC BRANDON TIRE CO BUSINESSWARE SOLUTIONS CASH WISE CDI OFFICE PRODUCTS LTD CITY OF HUTCHINSON COAST TO COAST D.P.C.IND.INC DEVRIES, RANDY DYNA SYSTEMS EBERT, RICHARD ELECTRIC MOTOR CO ELECTRO WATCHMAN FAMILY REXALL DRUG FEED RITE CONTROLS FESTIVAL FOODS FITZLOFF HARDWARE FORTIS BENEFITS G & K SERVICES GOPHER STATE INC GRAHAM, MARION GRAINGER GRAUPMAN, ROSE MARIE HARRIS CONTRACTING HILLYARD FLOOR CARE / HUTCHINSON HUTCH COOP CENEX HUTCHINSON LEADER HUTCHINSON TEL CO HUTCHINSON UTILITIES IMPERIAL PORTA THRONES INFRATECH JEFF'S ELECTRIC JOHNSON, DOUGLAS K MART L & P SUPPLY CO LAMPLIGHTER II LOGIS MACRO SCIENTIFIC MCNELLY GROUP METRO SALES MIDWEST MACHINE TOOL SUPPLY MN DEPT OF REVENUE MN MUTUAL LIFE MN SEC.AWWA MN VALLEY TESTING LAB NALCO CHEMICAL CO. NCL NOTT COMPANY POSTAGE BY PHONE QUADE ELECTRIC QUALITY FLOW SYSTEMS RUNNING'S SUPPLY RUTZ PLBG & HTG SANIFILL INC SOUTHERN MN CONSTRUCTION CO TEK MECHANICAL UNITED BLDG CENTERS WATERPRO WITTE SANITATION TOWN BOARD MTG BULB JULY PICKUP REPAIR AUMA ACTUATOR PH SENSOR MOUNT /DISMOUNT, TIRE LABOR, ON -SITE CHARGE SUPPLIES CARTRIDGE, DISKETTE AUG MED SURGE STRIP SULFUR DIOXIDE, CHLORINE AIRLINE TICKET CAPSCREW MEALS, MI LEAGE, HOTEL -MWOA CONF BEARING, INSTALL, CLEAN SERVICE CALL -PUMP HOUSE 4 & 5 FILM ACID HYDROFLOUS BLEACH CABLE TIES AUG LTD UNIFORMS JUNE SERVICE MEALS,MILEAGE,HOTEL -MWOA CONF 30 AMP POWER RELAY CLOSING BILL PAID TWICE JULY PREV MAINT WINDOW BRUSH TIRE REPAIR ADS AUG SERVICE POSTAGE JULY 3 JULY RENT LINK -PIPE TROUBLESHOOT ELEM LIFT STN MEALS, MILEAGE, HOTEL -MWOA CONF PAPER, TACKS, SPKR MOUNT RENTAL CHARGE MEAL CHARGES JULY SERVICE CARTRIDGE NANOPURE JULY COMPOSTING LEASE SERVICE AGREEMENT VANE VIDEO, GLOVES, GUIDE AUG LIFE PEG -RANDY DEVRIES WATER TESTS NALCO 8325 LIQUID M -FC BROTH FOOT FOR 9* TROUGH JULY POSTAGE FILTERS EXPRESS DIALER GLOVES, SPRINKLER LABOR & REPAIRS LOADS 7/8 TO 7/12 TUB GRINDER PLUMBING SUPPLIES UNDERMOUNT SLIDES, MOUNT BRKTS ECR TOUCH PAD MOVE DUMPSTERS -TIME & LABOR $15.93 $10.06 $25.99* $26,475.38 $1,707.00 $262.72 $166.92 $757.94 $49.79 $290.68 $4,266.71 $417.86 $1,031.16 $251.00 $71.97 $127.66 $52.49 $275.00 $30.01 $809.42 $14.83 $5.28 $201.46 $295.60 $154.00 5145.34 $15.02 $16.94 $1,055.00 8450.06 107.01 $272.36 $627.66 $21,567.21 $49.53 $1,495.00 $793.00 $124.06 $59.15 47.93 40.00 $1,935.34 $990.09 $5,325.00 $194.00 $12.54 $4.84 $70.77 $50.00 $1,402.50 $574.63 $207.96 $76.76 $148.17 $94.26 $9,798.00 $45.29 $146.61 $5,862.40 $4,000.00 .74 M.59 $11,322.03 $396.88 $107,352.55* $472,700.25* IMMEDIATE PAY COUNCIL REPORT TUE, AUG 13, 1996, 11:55 AM page ---- --- --- ------ ----- --------------- _ -'- --- 1996 IMPRO CONST COMM TRANSPORTATION ---"-FUND-' '- _____ ---------- LOCAL - FUND - DEPOSIT _ - - ---" -'-- - - -_- < h $22,758.15 �NERAL FUND DEPT $22,758.15* NATURAL RESOURCES HARTLAND AVIATION DNR FEES TO STATE $914.00 MINNESOTA CLE 8501 GALS AV FUEL REG -RON RIRCHOFF $11,215.63 PRIEVE LANDSCAPING 170 TREES $195.00 < *> $9,330.00 $21,654.63* HOUSING REDEV MONTES 6, JOANN ROOFING < *> 3,900.00 13,900.00* LIQUOR STORE CITY OF HUTCHINSON ED PHILLIPS PAYROLL 7 -19 -96 $14,155.95 R SONS CO. COOPER R CO JULY LIQUOR PURCHASE JULY LIQUOR PURCHASE $2,616.86 JOHNSON JOHNSON BROTHERS LIQUOR CO. BEVERAGE DIST. LOCHER JULY LIQUOR PURCHASE $10,073.45 $9,571.08 INC LOCHER BWIN INC B JULY BEER PURCHASE JULY BEER PURCHASE $4,768.55 QUALITY WINE L SPIRITS CO. SEGAL WHOLESALE JULY LIQUOR PURCHASE $7,840.10 $3,795.53 TRIPLE G DISTRIBUTING INC MISC TOBACCO PRODUCTS JULY BEER PURCHASE $2,431.55 7,437.35 N2,690.42* PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. GREAT WEST LIFE INS. EMPLOYEE CONTRIB 7 -27 $770.00 CO. H.R.L.ETIRE EMPLOYEE CONTRIB 7 -27 $160.00 ICMA RETIREMENT TRUST EMPLOYEE CONTRIB 7 -27 EMPLOYEE CONTRIB 7 -27 $160.28 PERA LIFE INS CO. PRUDE D.C.P. EMPLOYEE CONTRIB 7 -27 52,551.91 $$52.50 PRUDENTIAL EMPLOYEE CONTRIB 7 -27 EMPLOYEE CONTRIB 7 -27 552.02 PRUDENTIAL MUTUAL FUNDS PUBLIC EMPLOYEES EMPLOYEE CONTRIB 7 -27 5$30.00 $30.00 TEMPLETON INC EMPLOYEE CONTRIB 7 -27 EMPLOYEE CONTRIB 7 -27 $14,413.93 WITHHO & REED WITHHOLDING TAX ACCT EMPLOYEE CONTRIB 7 -27 $448.46 $150.00 < *> EMPLOYEE CONTRIB 7 -27 $37,585.17 *ER $56,566.27* /SEWER FUND EBERT, RICHARD GRAHAM, MARION CONF LODGING $168.00 JOHNSON, DOUGLAS CONF LODGING CONF LODGING $168.00 < *> $168.00 $073.47* 504.00* Wire Transfers $188, Mn Dept of Revenue Electronic Transfer 7,422.50 Depository Trust Company - Interest 1991 Improvement Bonds 1990 Improvement Bonds 31,672.50 1990 Taxable Medical 39,037.50 1990 Medical Facilities 142,321.88 1992 Improvement Bonds 98,276.25 1993 Improvement Bonds 36,646.25 1994 Improvement Bonds 34,323.75 1995 G.O. Bonds 19958 86,923.13 1995 Improvement Bonds 39,188.75 101,818.75 Total Interest Paid 610,208.76 Depository Trust Company 1990A G.O. Med. Fac. - Principal 80 000.00 L] MINNESOTA Department of Revenue 0 • 0 Commissioner's Office August 9, 1996 Dear Mayor: St. Paul, Minnesota 55146 -7100 AUG 1 21996 As you begin to finalize your budget decisions for 1997, I am writing to encourage you once again to hold the line on spending and property tax increases. I also want to provide you with some additional information about the "price of government" resolution adopted in March of 1995. If you recall, the resolution established revenue "targets," expressed as a percentage of Minnesota personal income. The revenues incorporated in these targets include all state and local taxes, fees, charges, and other own - source revenues. The resolution that was adopted by the Governor and the Legislature calls for a reduction in the price of government from 18.2 percent for the fiscal year 1996/97 biennium to 17.8 percent in the fiscal year 1998/99 biennium. The adopted revenue targets also incorporate a declining ratio for cities, as a group, through the next biennium. Specifically, the statewide city "price of government" target ratio declines from 2.87 percent for the fiscal year 1996/97 biennium to 2.84 percent for the fiscal year 1998/99 biennium. The price of government law also requires me, as Commissioner of Revenue, to inform the Governor and the Legislature, as part of the February forecast, about the performance of local governments (i.e. cities as a group vs. counties as a group) with respect to their revenue targets. I want to be able to report that all groups of local governments are performing within their respective revenue targets. But, this will require continued vigilance wherever spending and taxing decisions are made. As you may recall, last year just prior to your truth -in- taxation hearings it was suggested that cities, as a group, should hold their levy increase to about 4 percent. This guideline was presented to you as a way to keep city levy increases consistent with the levy increase that was incorporated into the price of government resolution. Last year, cities initially proposed levy increases of 6.8 percent or $44 million. In the end, final 1996 levies, for all cities combined, showed an increase of 5.1 percent or $33 million. This increase was approximately $7 million over the suggested guideline. An equal opportunity employer TDD: (612) 297 -2196 Mayor August 9, 1996 Page 2 Preliminary information on other city revenues and state personal income suggests that cities are currently performing within their overall price of government targets. However, the price of government ratio is quite sensitive to variations in personal income and, while recent forecasts indicate stronger income growth than originally anticipated, the slightest economic downturn combined with current rates of increase in city revenues could put the achievement of price of government goals in jeopardy. Minnesota's overall fiscal environment remains very uncertain. Although recent reports from the Department of Finance indicate that state tax revenues are currently nerf -rming above forecast, the long term stnrctural imbalance between revenues and spending still looms. In addition, continued actions taken by the federal government to withdraw aid and entitlement support will increase fiscal pressures on both state and local government budgets. The November 1996 forecast will provide the first real opportunity to begin assessing how state and local governments are performing with respect to the price of government resolution. The November forecast will also provide planning estimates of state and local revenues and the projected price of government through the fiscal year 2000/01 biennium. This forecast will, in effect, set the stage for a new price of government resolution which is required, by law, to be adopted by the Governor and the Legislature in March of 1997. Because of these economic and policy constraints, it is important for all public officials, at both the state and local levels, to do all they can to hold the line on government spending. Both the Governor and Legislature are committed to reducing the overall price of government in Minnesota as reflected in the price of government resolution targets. By each of us making tough decisions today, it will make it easier for all of us to adapt to the tighter fiscal conditions that loom in the future. Sincerely, /Jai mes L. Girard Commissioner 0 r\ LJ • DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE** JANE VAN VALKENBURG RICHARD G. MDGEE CATHRYN D. REHER WALTER P. MICHELS, III 'ALSO ADMITTEO IN TEXAS AND NEW YORA ARNOLD, ANDERSON & DOVEORYOURE� PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (320) 587 -7575 FAX (320) 587 -4096 Mr. Rob Gordon Midwest Cablevision P.O. Box 563 103 East Second Street Redwood Falls, Mn. 56283 RESIDENT ATTORNEY G. BARRY ANDERSON July 29, 1996 OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN TERRI A. BLOMFELT 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 16121 545.9000 FAX 1612) 545 -1793 FAX (612) 542 -9210 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389.2214 FAX (612) 389 -5506 Re: Cable Television Services to City of Hutchinson Our File No. 3244 -93054 is Dear Mr. Gordon: It has come to my attention by way of complaints from several property owners that Midwest Cablevision has provided for cable television services to a portion of the Hunters Ridge addition to the City of Hutchinson but not, unfortunately, to the balance of Hunters Ridge addition. Further, it has been reported to me by at least a couple of individuals that no extensions are planned because "we don't have the money" and when an additional complaint was registered, the response was "sorry, that's life." The properties in question most specifically are at 1435 8th Avenue S.W., 1441 8th Avenue S.W. and 850 Hunter Street S.W., but I understand other homes on the north side of Hunters Ridge are affected and as the development fills up, additional homes will also be affected by the apparent refusal of Midwest Cablevision to provide cable services within the city limits of the City of Hutchinson as required by the franchise agreement by and between Midwest Cablevision and the City of Hutchinson. I would appreciate it if you would look into this matter and make provisions for the extension of service to the addresses given above. Additionally, both the Council and myself remain concerned about the status of the planned rebuild of the cable system in Hutchinson. As you know, under Ordinance No. 95 -131, the plan rebuild must be completed no later than April 25, 1998 and we are now nearly a year and a half into that process with no sign that 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 Mr. Rob Gordon July 29, 1996 Page 2 any construction will commence int he near future. Further, the perspective merger partner for DD Cable Holdings, Inc., doing business as Midwest Cablevision, has had difficulties in at least one area community. I would appreciate it if you would look into these matters as soon as possible. The City has property owners who have invested in excess of $200,000 in homes located within the city limits and virtually within rock throwing distance of the public schools and to argue that it is technically or economically not feasible to provide service to them does not appear to me to be a supportable position. Perhaps there is simply some confusion on this point and you will be able to assure this office, so that I can pass along those assurances to the property owners, that service will be immediately forthcoming. Thank you for your time and attention to these matters. Best personal regards. Very tru ARNOLD, G. Barry ADVersorf GBA:lm CC Tom Creighton Gary Plotz, City Administrator Alan Krumrey, 850 Hunter Street Dennis Kahl, Compton /Kahl S.W., Hutchinson, Mn. 55350 9 L� 0 0 DAVID S. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON* LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE" JANE VAN VALKENBURG RICHARD G. MDGEE CATHRYN D. REHER WALTER P. MICHELS, III 1AL50 ADMITTED IN TE. AMD .0 YORk ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (320) 587-7575 FAX (320) 587 -4096 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON July 24, 1996 JUL 2 5 1996 C' OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545-9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 1612) 389 -2214 FAX (612) 389 -5506 FOR YOUR INFORMATION Dear Gary: I am enclosing herewith a copy of an article from Phil Schweizer at • Spruce Ridge Resource Management Facility entitled "USA Waste, Sanifill to Merge." As you know, Sanifill is the owner of the existing landfill facility here in McLeod County which does business under the name of Spruce Ridge Resource Management Facility. r� L It is too early to tell whether this merger has any impact at all on McLeod County operations, but it would appear, at least initially, that any such impact would be very minimal because the new entity has relatively few assets in Minnesota and surrounding states and thus any effect, at least at this early juncture is more likely to be positive than negative. In any event, I wanted to pass this information along to the Council although no action is required. Please do not hesitate to contact me should you have any questions in connection with the foregoing. Best regards. GBA:lm L. P. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 0 0 Reporting on solid -waste management, 0 A Gain puhlicll 1996 from product design to disposal and recovery USA Waste, Sanifill to merge By John Russell DAiLAS —Two fast - growing waste companies, USA Waste Services ` Inc. and Sanifill Inc., plan to merge their operations in a deal they say will allow them to ac- celerate their growth and profits even faster. USA Waste plans to pay Sani- fill about $1.6 billion in a stock deal. The combined companies, with estimated 1996 revenues of $1.3 billion, would represent the third- largest waste company in North America. Several analysts said the deal, announced June 24, would maxi- mize ench company's strengths rind geographic operations. USA Waste is regarded as a lean, profitable collection company, while Sanifill is one of the most efficient operators of landfills in the country. "It's a combination that makes tremendous sense," said 13nrry Mannis, an analyst with Gold- man Sachs & Co. in Now York. "I call it a June wedding, full of promise." . For Sanifill, the merger mnrks an end to six years of indepen- dent growth and numerous courtships by other companies interested in a merger. For USA Waste, the den] is the fourth time it has combined with another public company in the past three years, including F.nvirofil Inc. and Chambers De- velopment Corp. USA Waste completed the last of the three deals, its $525 million merger with Western Waste, just seven weeks ago. USA Waste's growth, despite its blistering pace, is under con- trol, and the company is ready for another big step, said John Drury, chairman and CFO. See Merger, Page 23 Merger ntinued from Pape 1 The other deals are done," he id. "We have digested them. e are ready to move on." Drury will retain his titles af- r the merger. Rodney Proto, esident and chief operating of- _er of Sanifill, will assume ose positions at the combined mpanies. Lorne Bain, chair - an and CEO of Sanifill, will sign after the merger is done. Under the deal, Sanifill stock - )lders will receive 1.7 shares of SA Waste common stock for ch Sanifill share. Officials expect to wrap up the ,al by October, barring any an- --rust problems or objections by iareholders. Drury said he expected the mbined companies to increase :rnings per share by 25 percent er the next three years. Drury said he-began making oves toward Sanifill in Janu- y, shortly after USA Waste inounced its Western Waste erger plans. "We've had conversations with anifill since I became CEO, but . one way or another they were )orted," Drury said. 'But in anuary, I said if it's going to appen, it will happen in 1996, let's get the Western Waste - erger behind us and get in se- aus discussion." As with many corporate deals, :is one involved people who yew each other for several cars, on both sides of the table. Drury and Proto had worked gether at Browning -Ferns In- .istries Inc for several years, rury as company president and roto as president of the com- any's European operations. Drury left BFI in 1991 to go .to investment banking for a mall Houston rum. In 1992, he :ceived a call from Bain, the ew chairman and CEO of Sani - 11, who asked to get together ,r lunch. Bain wanted some .rategic ,advice and,:some sug- astions for a capable 'eiecutive handle the company s opera - ons. "I gave him a couple of names, nd one was Rod Proto, ",Drury aid. "Rod is a very good'friend- nd a well - respected leader." Prato shortly was named pres- lent of Sanifill, and the iwu ept up their friendship. Drury, ,r his part, joined USA Waste 1 1994. "Our organizations know each .her well," Bain said. "We're es- �ntially both pursuing what are ent that the best thing to do is to combine our companies." A year ago, many on Wall Street wondered if USA Waste was growing too fast, cutting too many deals too soon together, without focusing on profitability. But many of those doubts have died since USA Waste proved it didn't waste time cut- ting overlapping operations. "If there's one thing USA Waste has demonstrated, it's re- markable skill at integrating ac- quisitions rapidly," Mannis said. 'They're running well ahead of schedule on integrating West- ern, and that's probably why they were comfortable turning their sights on Sanifill so quick- ly." Sanifill, for its part, said it hasn't sought out a merger but found itself on the receiving end of many merger talks. Sanifill and USA Waste have substantial overlapping opera- tions in Houston, Denver, Vir- ginia and Atlanta. The merger will allow the combined compa- nies to save up to $35 million and about 50 jobs. USA Waste said it expects to see many of those job cuts come from its own ranks, unlike sev- eral recent mergers it conducted where the majority of cuts came from the other company. That's because USA Waste agreed to move the headquarters of the combined companies to Houston, Sanifill's home base, as a condition of the deal. Both companies have large operations there, while USA Waste doesn't do much business in Dallas, its backyard. "Not all of the people from our corporate office will be going to Houston," Drury said. "There were a lot of tears when we an- nounced it. It was a tough deci- sion. But it made sense." Several analysts agreed. "They are sort of the premium players in the industry," said Angus Macdonald, an analyst for Fahnestock & Co. in Boston. 'Both of their management teems are thoroughly respected. They both have high- perfor- mance cultures. And there are a lot of geographical reasons they • • I • 0 [' WASTE NEWS July 1 1996 0 0 EWE, MON Oudlook-,,good for, this merger The waste industry's mega - mergers just keep on coming. The latest union, between USA Waste Services and Sani- fill, involves two of the indus- try's more acquisitive players. For USA Waste, this is the fourth merger in three years, fol- lowing partnerships with Envi- ronfil, Chambers Development and Western Waste Industries. Sanifill has been involved in fre- quent, albeit smaller, purchases. All signs point to a successful venture between USA Waste and Sanifill. Their operations complement each other well: USA Waste is strong in hauling-, Sanifill has thrived as a landfill operator. A key point is USA Waste's past record for successful merg- ers. The company already is ahead of schedule in integrating its last merger partner, Western Waste. That deal was an- nounced just last December. The ability to successfully meld companias'with:overlap- ping offices and difi'erent`corpo- rate cultures has eluded many a firm. But USA Waste has dem- onstrated that it's an old hand at it. As always, there will be grow- ing pains. The firms know oper- ations and jobs need.to be cut. Already, USA Waste agreed to move its headquarters to Sani- fill's home base, Houston. The fact that USA Waste has been successful down'that road before should help greatly in paving the way again ■ HAVe You even See" SuCO 'A NeAT COuP4e? M�(IbLibi' Ye wwa News I L >L � L� -Lr i .s + d.n L f .d ■ M By John Russell Duus — Don't look to officials at USA Waste Services Inc. or San - ifill•Inc. for an explanation of the stock activity before their merger announcement. Executives at both companies said-they don't know why Sani- fill's stock rose about 7.6 percent the "week before the merger was unveiled „ from -$44.50 on June 17 to $47.876 on June 21. Trading was especially-heavy the Friday before the'announce- ment, pushing the stock'up $2 that day alone. Options trading on Sanifill's stock: also- was heavy. "You look at the trading going on, and it looked like there had to be some sort of leak, `said John Drury, chairman and CEO of USA Waste Services. "I know our board and [Sani- fill'sl board were very concerned rise, about keeping-everything confi -, dential. It wasn't really an ex -, panded group; in those discus( sions at all.” Stock, in .a company thnt is being merged into another com- pany'tende'toiriso after an an- nouncement;;.;as'r?ipvesters buy more' shares tiwjhe hope the merged "'company .will be pared back and•'inad0mord profitable, translating ,into more valuable stock lr /Asm NEaa, Jury f, 1996 fuirms..-saiv But that usually doesn't hap- pen before a merger announce- ment, unless investors are trad- ing on rumors or confidential information. Executives at both sides de- nied they had traded on the stock or leaked the information to others in advance of a public announcement, which is illegal. "I really don't have an expla- nation for it," said Larne Bain, chairman and CEO of Sanifill. "It wasn't until [the day of the announcement[ that .I under- stood there was a lot of activity in the options. You can imagine we were very busy concluding the terms of our arrangement.+ and meeting with our board." If the Securities and Exchange Commission Is looking into the matter, it's keeping quiet about it. A spokesman declined to say whether an investigation was under way. 11 • s ARNOLD, ANDERSON & DOVE • PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE DAVID B. ARNOLD' HUTCHINSON, MINNESOTA 55 350 -2 56 3 STEVEN A. ANDERSON G. BARRY ANDERSON' (320) 567 -7575 LAURA K. FRETLAND FAX (320) 587 -4096 DAVID A. BRUEGGEMANN PAUL D. DOVE** RESIDENT ATTORNEY JANE VAN VALKENBURG G. BARRY ANDERSON RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS, III IAL]O ADMITTED IN TE1W2 AND NEW YORK July 30, 1996 Mr. Gary Plotz Hutchinson City Center 111 Hassan Street SE Hutchinson, Mn. 55350 AUG 2 1996 l; OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN 5661 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 3835506 FOR YOUR INFORMATION Dear Gary: I am enclosing herewith a Wall Street Journal article for Tuesday, July 2, 1996 entitled "Colorado town condemns city hall in effort • to avoid lease payments." This is certainly an interesting use of the city's eminent domain power! I would appreciate it if you would pass along a copy of this correspondence and the article to the City Council as a for your information item. • Best personal regards. Very ,XruXy yours, ANDERSON & DOVE, FILLIP G jl$�fry Anderson G 7m enc. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALI5T BY THE MINNESOTA STATE BAR ASSOCIATION B6 THE WALL STREET JOURNAL TUESDAY, JULY 2, 1996 Col`orad'o Town Condemns City Hall In Effort to Avoid Lease Payments d By MAacx LAMM imade it Impossible for Sheridan to con- ' Staff Reporter of Tx Ww LSr Ee JOum: tfnue meeting the lease payments. The It is hard to fight city hall when it's so city's financial problems began in 1993, ready to condemn itself. whip the city's Pace Membership Ware- When Sheridan, Colo., population 5,330, - bouse dosed, cutting off a major source of decided it no longer could afford the S200,- _ sales -tax revenue for the city. The city's 000-a -year lease payment to hundreds of dale -tax revenue in 1994 fell to $1.6 million investors who financed its $3.5 million City , from S2.4 million in 1990. Hall building in 1998, it tried to get out of its Natalie Cohen, editor of the Fiscal lease. When the offer was rejected, the city Stress Monitor newsletter, which tracks condemned its own City Hall through its local government's financial conditions, power of "eminent domain," or its right to warned In a recent issue that condemns- take property in private use and utilize It lion . is a risky step for cities to take, but for public purpose. may begin "occurring with greater fre- Sheridan says the investors have no quency." choice but to accept Its $642,000 offer — and For now, though, other municipalities to say goodbye to the 52.6 million that one don't appear to be embracing Sheridan's investor says they are still owed. approach. Ken Bueche, executive director "Something in your heart says that's of the Colorado Municipal League, an just wrong to condemn a facility you advocacy group for Colorado's towns and designed, built and Invested in," said cities, said he isn't aware of other cities bondholder David Isaak, who personally takingsimilar action, adding that "this is a stands to losq $30,000: He said Sheridan unique circumstance in Colorado." "can't afford Rio just throw [Its] rights around like that." Sheridan Plan May Set Precedent Springs to Shut Down ' Under the city's plan, Mr. Isaak and other investors would receive about 20 3 South Carolina Sites cents on the dollar for their investments, which were to be repaid through the an- And'Pake a Charge nual lease payments. The building was - financed through the sale of "certificate's of participation," which are used by local Staff Rep By a Ww Sra Jovaw orter governments when they are unable to get FORT MILL, S.C. — Springs Industries bondissues approved. They are considered Inc. said it will close three manufacturing riskier because the city must appropriate , plants In South Carolina as part of a funds for them each year. restructuring and consolidation of its fab- Some municipal- finance , specialists fear that if Sheridan is successful, other ric manufacturing operations. The bed and bath products maker cities hard - pressed for cash may try sim• said the plants' closure will result in a filar measures. pretax charge of $30.4 million In the Both Sheridan and the trustee for the second quaiter, which ended June 29. Investors, First Trust Co., a Stl Paul, Some of the production capacity from these Minn., subsidiary of First Bank, System plants which employ 850 people, will Inc of Minneapolis, hired firm€ to ap- be transferred to other facilities. In the praise City Hall. First Trust's:'appraisal year- earlier quarter, Springs earned $14.4 valued the building at $2.8 0. But the million; or T8 cents a share, on sales of city's own appraisal put th value at E532.7 million. "around 5600.000; " said Lee hillips, an The company said the decision to dose attorney for Sheridan. The ci claims that the plants is the first part of a "two-phase,t because the building was' isfgned for major renovation program." Two of the government use, it has a mu lower value than a private building.:.'' plants are at least 80 years old, the com- now The city's eminent domain case 1s now s pany noted. The plan's second phase, yet to be finalized, will Involve investing in before a three member tjowm manufacturing technology, and the com- pointed -by the Arapahoe County District p ny Patty said it plans riT.3 million 1n capital Court, which will determine the value of building. A hearing is set for Nov 18 ""r - c investments. In addition, Springs will In ; cur Tufure expenses of $23 miWonf for �d 1 A'Morally Flawed' Move t equipment relocatlon and to other' The city's move 1tea alarmed'some restructuring costs. rs�{ f 9 authorities and sparked feats that-other j cities to financie _'4stress `ralght take i ii7 c f Kmart Ends Singapore Venture; similar steps: In a letter last month to Sheridan Mayor bale Paftonf Colorado ' ' TROY, Mich. - Imam Corp: said it 3 State Treasurer Bill bwens'said the action ended °a joint venture with Metro Private' was "morally flaweO and fiscally Irrespon- , Ltd, which operated three Kmart storeslq sible." '' - ' S v , . - Singapore. ; But Mr. Phillips, Sheridan's attorney, A spokeswoman for Kmart said the said the investors "are going to lose money three- year-old operation had proved un- no matter what" because hard times have profitable. \ J F_ . 0 C, pt 0 tra edt T1n r 0 • Hutchinson Safety 1996 MCLEOD CO. FAIR Police/ Fire / Safety Council Booth This year the Hutchinson Safety Council will be having a booth at the McLeod County Fair (August 16th thru the 20th) in cooperation with the Hutchinson Police and Fire Department. We need as many volunteers from our organization as possible to assist in handing out safety literature and answering questions during fair hours. If you have some extra time and would like to volunteer, contact Casey at 234 -3211, and let him know what times you would be available. • SEE YOU AT THE FA/R111 Council [HUTCHINSON SAFETY, JOB M1 1 NEXT MEETING WILL BE AUGUST 25TH, AT THE V.F.W. "BRING A GUEST AS A PROSPECTIVE MEMBER" [HUTCHINSON EMERO. SERVICES r Disaster Drill The city of Hutchinson' Emergency Service will be testing its emergenc preparedness on Sept. 23r (starting at approx. 5:30 PN at the Hutchinson Wast Water Treatment Plant. Numerous public private emerger organizations will assisting with this drill, a the members of the Safi Council have been asked participate as eitt evaluators or victims. Ti experience looks to be a f and exciting event. If you would like assist in this drill, cons Casey at 234 -4211. couNCl L ev�Aws August meeting agenda By -Laws Committee At the last meeting, it Vvas decided to form a ;ommittee to redefine the goals and objectives of the 4utchinson Safety Council. The committee will be meeting at the Hutchinson Fire Station (at 1:00 pm on August 12th) to review the current Constitution and By -Laws, and to make any changes that need to be made to make the Safety Council a more productive group for the City of Hutchinson. I would like to thank the owing council members for unteering their time to serve this committee: - Mark Hensen - Tom Kloss - Les Smith - Reading of the previous j imeeting minutes. New business. Old business. - Discussion. Next meeting program !update. Adjournment KEEP ON THE LOOKOUT FOR A NEW (REASONABLY PRICED) LOCATION TO HOLD FUTURE SAFETY COUNCIL MEETINGS. LUNCH ,'Noon Meal ,for meetings I'm sure that many of you have probably already heard the bad news of the "long time" cook for the Safety Council, Betty Johnson, not being able Ito spoil us once a month with :her GREAT noon meals. Betty contacted me jabout two months ago, informing me of her very tough decision to have stop cooking 'for us because of ongoing health problems with her hands. I'm sure that everyone from the Safety Council will miss the delicious contribution Betty has given to us over approximately 15 years. j THANK YOU BETTYII DON'T ANNOUNCEMENTS: FORGET TO State Fair will s a wing the MN year, be sure to stop BRING A GUEST land visit the State safety Council booth. TO THE AUG. MEETING. An appreciation gift will be presented to Betty Johnson at the August meeting 0oln us in sayingl "thanks" for all she's done. - Lunch for the August meeting wn cost $4.90 per person, covers cost 01 sandwich, soup, and coffee. - CONQRATULATIONS111 to Officer, !Dave Mueller, for receiving an award from the National Safety Council, for the City of Hutchinson, for recognition of his annual bike rodeo) bike • • HUTCHINSON SAFETY COUNCIL Name Address Phone number John Arlt 111 Hassan St SE 234 -4228 Barry Anderson 101 Main St S 587 -7575 Dennis Asay 19874 Major Ave 587 -8510 Gale Boelter 531 Grove St SW 587 -9590 Bob Bowen 216 - 5th Av NE 587 -2750 Dave Conrad 100 Glen St SW 587 -2837 Jim Faber 317 Circle Drive SW 587 -4037 Jim Haasl 535 Lakewood Dr SW 587 -5535 Mark Hensen 111 Hassan St SE 234 -4220 Dick Higgins 12.10 Carolina Av NE 587 -3797 Duane Hoeschen 83 - 5th Av NE 587 -0772 Myron Johnson 907 Lewis Ave SW 587 -2692 Craig Johnson 237 - 4th Av NE 587 -9472 Larry Karg 111 Hassan St SE 587 -3771 • Tom Kloss 111 Hassan ST SE 234 -4245 Larry Ladd 965 Osgood Av SW 587 -3119 Les Linder 709 Madson Av SW 587 -2962 Dave Mueller 10 Franklin St SE 587 -2242 Jeff Nies 436 Monroe St SE 587 -7198 Loretta Pishney 380 Pishney Ln SW 587 -6828 John Reynolds 140 Illinois St NW 587 -3998 Carl Runke 17868 Noble Rd 587 -5148 Mark Schnobrich 111 Hassan St SE 234 -4459 Les Smith 346 Monroe St SE 587 -4663 Casey Stotts 111 Hassan St SE 234 -4211 Earl 'Taylor 1505 Hwy 22 S 587 -4434 Kay Peterson 16 Grove St S 587 -2348 Joyce Rix 1035 Texas Ave NW IOC 587 -2202 John Rodeberg 111 Hassan St SE 234 -4208 Vi Viesselman 23304 Twin Point Ave 587 -5763 June Wick 535 Main St S 587 -6248 Marilyn Swanson (city council secretary) I I I Hassan St SE 234 -4202 08.96 PIONEERLAND LIBRARY SYSTEM BOARD MEETING, June 20, 1996 The PLS Board meeting was held at the Kandiyohi County Highway Department building in Willmar. Meeting was called to order at 7:30 by President Orville Rudningen. Roll call was given with __.g members present, 9 excused and a absent. The agenda was approved as printed. McDonald/Dennis moved and seconded acceptance of Minutes of May 16, 1996 meeting, approved COMMITTEE REPORTS Leroy Sanders gave the finance Committee report. Corrections were made to the April 1996 and May 1996 financial reports. M/S/P Sandets/G,abrielson to accept as corrected The Revised 1996 budget was introduced. M/S/P Sanders/Schweiss to accept the revised budget Director Houlahan explained the 1997 Budget and auditors recommendations. M/S/P Sanders/Gabrielson accept budget as printed M /Si? Sanders/Canfield that we pay the bill for Directors -and o$'ieers,insurance. M/S/P Sanders/Berg-Perry that we establish a separate fund for Vacation/sick leave. Sanders explained the Service Center checking account. $200 charge for a Genealogy research. M/S/P Gabrielson/Canfield that we accept the report. M/SJ? Sanders /Anderson that we allow $3 sfor flowers for funeral of Steve Boehlke, former chair ofPLB. Ivev Vonderharr gave the Persomiel Committee report Mental health and chemical dependency treatment must now be covered and there must be maternity coverage in our health insurance. M/S/P Vonderha[r /Schweiss that we accept this change. Congress is looking at $4.75 for minimum wage. M/S/P VonderharrrAnderson that we implement this increase on the bottom step of the pay scale if and when its passed Marlene Canfield accepted replacing Sheri Rudy on the Personnel committee and we welcome her. Committee is reviewing.;nd updating the personnel policy. Recommend that there be a workshop for all supervisors on hiring, discipline and termination of job and review the new personal policy with them when it is completed Orville Rudningen gave the Policy Committee report Amendments to the 1994 Agreement were approved at the May 16 meeting. 7 of the 17 cities and 1 of the 9 counties are left to comply with the Agreement Dennis Hauer gave the Automation Committee report . John Houlahan explained the coat of .installing the system and the Graut available. Each library will have 2 computers for automation. Partial fimding for $705,000 project will be provided by $93,000 (taut which we have alreadv received, $46.051 if averybodv participates. and $65,100 other. Pioneer will be setting up internet in January 1997. We will get bids from Vendors and • possibly select Co. in November then will be able to definitely state costs. Berg -Perry explained the new brochure for PIS on -line 2000 with a time line for providing the systems 31 libraries with on -line access. Demos commended Ramona for all her work in revising and designing the brochure. M/S/P Hauer /Canfield that we send this out to all cities and counties to approve this proposal implementing PLS On -line 2000. Dennis Hauer gave the S%em Study Commfttee report The PLS Long Range Plan for 1997 -2001 was presented. M/S/P Sandem/Canfield that we accept this plan Kathy explained the projected expenditures of the State and Federal and some of the Programs of FY 1997 Regional Library Basic System Support Grouts and our application to participate in the Regional Library Basic System Support Grant Program in Fiscal Year 1997. M./ST Sanders/Berg -Perry accept report as printed M/S/P Sanders/Schweiss to authorize the President to sign Grant agreements of (a) State and federal basic system support grants (b) Librarians of Color grant, (e) Children's Library Services collaboration grants (PLS and Bens9n Public Library) M/S/P Sanders/Berg -Pent' that we accept the reciprocal borrowing agreement with State Library of Michigan. This is mostly for Genealogy material. M /S/P Sanders/Canfield that we take membership in P.A.C.T. 4 Families • collaborative. John Houlahan and Kathy Matson gave the report of Director and Assistant Director. John distribgeg995 Annual Statistical Report - Admin. Unit. The Summer 1996 library hours were given. Kathy announced all our libraries will be open at least 20 hours per week. The Public Library Newsletter was distributed and the April and May 1996 circulation statistics were reviewed 80,332 articles were circulated in April and 75,487 in May by our 31 libraries. OLD BUSINESS M/S/P/ Sanders/Berg -Perry that we send a letter of appreciation to the Appleton prison for the tour we had on May 16. ANNOUNCEMENTS The committee chaimm-aldgiam will meet July The next Board meeting is Thursday, September 19, Health & Human Services Building, Willmar. Meeting adjourned 9:20. 18 at Simon's Restaurant at Willmar. 1996, 7:30 p.m., Kandiyohi county n" All Ivey Vond rharr. Secretary 0 0 6/20/96 HUTCHINSON UTILITIES COMMISSION PAGE 1 BALANCE SHEET MAY 31, 1996 w ■ w • TOTAL • ■ • ■ ASSETS UTILITY PLANT - AT COST LAND 6 LAND RIGHTS 891,734.73 DEPRECIABLE UTILITY PLANT 32,469,811.32 TOTAL UTILITY PLANT 33,361,346.27 LESS ACCUMULATED DEPRECIATION (18,171,933.32) _ _ - - _ - TOTAL ACCUMULATED DEPRECIATION - (18,171,933.32) CONSTRUCTION IN PROGRESS 161,177.69 _ TOTAL CONSTRUCTION IN PROGRESS 161,177.69 TOTAL UTILITY PLANT DEPREC VALUE 33,330,770.44 RESTRICTED FUNDS 6 ACCOUNTS INVESTMENT - GAS RESERVES 738,426.33 MEDICAL INSURANCE - -- - 100,000.00.. BOND 6 INTEREST PAYMENT 1993 324,999.73 BOND RESERVE - 1993 1,3891320.00 - -- - -.- .._ .- - CATASTROPHIC FAILUN2£ FUND - .._.. _ _ - - 730,000.00 . TOTAL RESTRICTED FUNDS 6 ACCOUNTS 3,372,746.30 - CURRENT 8 ACCRUED ASSETS - CASH IN BANK 1,493,931.73 INVESTMENTS 6 SAVINGS ACCOUNTS 380,361.63 ACCOUNTS RECEIVABLE 1,8601369.91 INVENTORIES 737,618.33 PREPAID INSURANCE 48,163.78 MISC - ACCOUNTS RECEIVABLE 79.48 TOTAL CURRENT 6 ACCRUED ASSETS 4,720,747.12 DEFERRED CHARGE - BOND DISCOUNT 1993 160,016.63 TOTAL DEFERRED CHARGE 160,016.63 TOTAL ASSETS 43,734,280.31 E 0 0 6/20/96 HUTCHINSON UTILITIES COMMISSION BALANCE SHEET MAY 31, 1996 MUNICIPAL EQUITY 6 LIABILITIES MUNICIPAL EQUITY MUNICIPAL EQUITY LNJAPPROPRIATED RETAINED EARNINGS TOTAL MUNICIPAL EQUITY LONG TERM LIABILITIES -HET OF CURRENT MATURITIES 1993 BONDS TOTAL LONG TERM LIABILITIES CONSTR CONTRACTS & ACCTS PAY RETAIN ACCRUED EXPENSES - RETAINAGE _ TOTAL CONSTRUCTION 6 ACCTS PAY CURRENT 8 ACCRUED LIABILITIES ACCOUNTS PAYABLE INTEREST ACCRUED _ ACCRUED PAYROLL ACCRUED VACATION PAYABLE ACCRUED MEDICAL FUND ACCRUED REC PAYMENT CUSTOMER DEPOSITS OTHER CURRENT 6 ACCRUED LIABILITIES TOTAL CURRENT 6 ACCRUED LIAS TOTAL MUNICIPAL EQUITY & LIAB PAGE 2 • M w • TOTAL • ■ M w 28,894,611.41 (173,683.01) 28,718,928.40 i3,3OO1OOO.00 13,300,000.00 100,000.00 .. 100,000.00 - - 1,254,290.74 - -- - -- (29.57) 41, 414.44 130,332.53 64,524.41 983.84 73.260.00 - ... 48,633.72 - _ -- -- .1.635, 332.11 43,754,280.31 0 7/26/96 0 HUTCHIW30N UTILITIES COMMISSION BALANCE SHEET JUNE 30, 1996 ASSETS UTILITY PLANT - AT COST LEWD Q LAND RIGHTS DEPRECIABLE UTILITY PLEAT TOTAL UTILITY PLANT LESS ACCUMULATED DEPRECIATION TOTAL ACCUHULATED DEPRECIATION CONSTRUCTION IN PROGRESS TOTAL CONSTRUCTION IN PROGRESS TOTAL UTILITY PLANT DEPREC VALUE RESTRICTED FUNDS 6 ACCOUNTS INVESTMENT - GAS RESERVES MEDICAL INSURANCE BOND 6 INTEREST PAYMENT 1993 -- ---_ -_- _ BOND RESERVE - 1993 CATASTROPHIC FAILURE FUND TOTAL RESTRICTED FUNDS 6 ACCOUNTS ., -- - - ---- - _, - - CURRENT 6 ACCRUED ASSETS CASH IN BANK -- INVESTMENTS 6 SAVINGS ACCOUNTS ACCOUNTS RECEIVABLE INVENTORIES PREPAID INSURANCE TOTAL CURRENT 6 ACCRUED ASSETS _ DEFERRED CHARGE BOND DISCOUNT 1993 TOTAL DEFERRED CHARGE TOTAL ASSETS PAGE 1 M w w w TOTAL « w • w 891,734.73 52,469,811.52 53,361,546.27 (18,292,988.52) (18,292,988.52) 223,749.91 223,749.91 35,292,307.66 758,426.55 100,000.00 665,781.00 11389,320.00 7550,000.00 3,663,527.55 1,196,611.51 588,768.39 1,854,068.12 899,236.94 32,690.48 4,571,375.44 158,612.99 158,612.99 43,685,823.64 C� i , 7/26/96 HUTCHINSON UTILITIES COMMISSION BALANCE SHEET JUNE 30, 1996 MUNICIPAL EQUITY 6 LIABILITIES MUNICIPAL EQUITY MUNICIPAL EQUITY UNAPPROPRIATED RETAINED EARNINCS TOTAL MUNICIPAL EQUITY LONG TERM LIABILITIES —WT OF CURRENT MATURITIES 1993 BONDS TOTAL LONG TERM LIABILITIES CONSTR CONTRACTS 8 ACCTS PAY RETAIN _- ACCRUED EXPENSES — RETAINAGE TOTAL CONSTRUCTION 8 ACCTS PAY CURRENT 8 ACCRUED LIABILITIES ACCOUNTS PAYABLE INTEREST ACCRUED _ ___ - -- -- ACCRUED PAYROLL ACCRUED VACATION PAYABLE ACCRUED MEDICAL. FUND -_ -. - ACCRUED REC PAYMENT CUSTOMER DEPOSITS OTHER CURRENT Q ACCRUED LIABILITIES TOTAL CURRENT & ACCRUED LIAB TOTAL MUNICIPAL EQUITY 6 LIAB PAGE 2 • w w• TOTAL r w w r 28,894,611.41 125,468.80 29,020,080.21 131300 1 000. 00 13,300,000.00 100,000.00 :e e0: ee 867,865.83 55,241.57 40,929.02 150,332.53 67,143.21 1,183.28 73,125.00 9,922.99 1,265,743.43 43,685,823.64 u OPERATING EXPENSES PRODUCTION OPERATION STATEMENT OF INCOMOEXF'ENSES 441,816.00 1,927.05 1,160,015.00 PRODUCTION MAINTGNAN't' 135,648.26 MAY 31, 6 251,435.00 (1UB,776.49) • PURCHASED POWER PREVIOUS CURRENT BUDGETED BUDGET ANNUAL TRANSMISSION OPERATION YEAR TO DATE YEAR TO DATE YEAR TO DATE DEVIATION BUDGET INCOME STATEMENT 4,330.39 11,043.21 11,020.00 (23.21) 29,000.00 OPERATING REVENUE 106,947.85 88,516.07 90,448.00 1,931.93 217,000.00 SALES - ELECTRIC ENERGY 4,342,222.33 4,562,472.64 4,271,800.00 290,672.64 11,000,000.00 SALES FOR RESALE 14,186.00 222,400.50 100,000.00 122,400.50 i00,000.00 NET INCOME FROM OTHER SOURCES 18,588.32 17,674.11 22,170.00 (4,495.89) 54,000.00 SECURITY LIGHTS 4,542.00 5,400.50 5,460.00 (59.50) 14,000.00 POLE RENTAL .00 1,657.25 .00 1,657.25 4,000.00 SALES - GAS 2,302,340.75 2,902,815.71 2,541,600.00 361,215.71 5,600,000.00 TOTAL OPERATING REVENUE 6,681,879.40 7,712,420.71 6,941,030.00 771,390.71 16,772,000.00 OPERATING EXPENSES PRODUCTION OPERATION 395,229.74 439,868.95 441,816.00 1,927.05 1,160,015.00 PRODUCTION MAINTGNAN't' 135,648.26 360,211.49 251,435.00 (1UB,776.49) 303,500.00 PURCHASED POWER 2,084,964.85 1,516,657.53 1,476,860.00 (39,797.53) 2,099,650.00 TRANSMISSION OPERATION 95.82 .00 .00 .00 3,400.00 TRANSMISSION MAINTENANCE 4,330.39 11,043.21 11,020.00 (23.21) 29,000.00 ELECTRIC DISTRIBUTION OPERATION 106,947.85 88,516.07 90,448.00 1,931.93 217,000.00 ELECTRIC DISTRIBUTION MAINTENANCE 68,136.12 104,398.92 89,940.00 (14,458.92) 150,900.00 MFG GAS PRODUCTION OPERATION 271.50 627.04 310.00 (317.04) 11000.00 MFG GAS PRODUCTION MAINTENANCE 703.73 38.50 1,000.00 961.50 2,000.00 PURCHASED GAS EXPENSE 2,458,061.22 3,714,669.39 3,001,844.90 (712,824.49) 7,960,790.00 GAS DISTRIBUTION OPERATION 103,406.72 88,095.03 101,275.00 13,179.97 226,000.00 GAS DISTRIBUTION MAINTENANCE 18,024.40 28,283.73 18,6i9.00 (9,664.73) 49,400.00 CUSTOMER ACCOUNTING &COLLECTIONS 90,634.92 83,868.10 82,288.00 (3,580.10) 198,800.00 ADMINISTRATIVE 4 GENERAL EXPENSES 642,285.95 549,509.45 554,611.48 5,102.03 1,473,056.00 DEPRECIATION 724,999.50 605,175.00 751,800.00 146,625.00 1,790,000.00 TOTAL OPERATING EXPENSES- 6,833,740.97 7,592,982.41 6,873,267.38 (719,715.03) i5,664,5ii.00 OPERATING INCOME (151,861.57) 119,438.30 67,762.62 51,675.68 1,107,489.00 OTHER INCOME OTHER - NET 13,364.45 8,832.00 23,150.00 (14,318.00) 125,000.00 INTEREST INCOME 87,049.94 83,339.63 90,300.00 (6,960.37) 210,000.00 MISC INCOME 30,635.64 75,478.21 23,534.00 51,944.21 28,700.00 GAIN ON DISPOSAL .00 .00 .00 .00 1,500.00 MISC INCOME - GAS 102,490.33 110,018.23 118,500.00 (8,481.77) 395,000.00 TOTAL OTHER INCOME 233,540.36 277,668.07 255,484.00 22,184.07 760,200.00 OTHER EXPENSES DEPLETION - GAS WELLS .00 .00 .GO .00 125,000.00 MISC EXPENSES 19,495.58 25,133.13 21,120.00 (4,013.13) 72,000.00 INTEREST EXPENSE 272,605.00 266,406.25 267,592.50 1,186.25 640,875.00 TOTAL OTHER EXPENSES 292,100.58 291,539.38 288,712.50 (2,826.88) 837,875.00 CONTRIBUTION TO CITY 162,500.00 281,250.00 283,500.00 2,250.00 675,000.00 TOTAL CONTRIBUTION TO CITY 162,500.00 281,250.00 263,500.00 2,250.00 675,000.00 NON-OPERATING INCOME (221,060.22) (295,121.31) (316,728.50) 21,607.19 (752,675.00) NET INCOME (372,921.79) (175,683.01) (248,965.88) 73,282.87 354,814.00 .. - —. ..._.. ... ..oa.. .. r r.HbG 1 STATEMENT OF INC 6 EXPENSES • JUNE 340 996 PREVIOUS CURRENT BUDGETED BUDGET ANNUAL YEAR TO DATE - ------- --- --- YEAR TO DATE -------------- YEAR TO DATE ------ - ---- -- DEVIATION ------ -- - - - --- BUDGET -------------- STATEMENT OPERATING REVENUE SALES - ELECTRIC ENERGY 5,247,879.77 5,543,171.62 5,186,000.00 357,171.62 11,000,000.00 SALES FOR RESALE 14,486.00 230,338.00 100,000.00 130,338.00 100,000.00 NET INCOME FROM OTHER SOURCES 21,953.81 22,539.72 26,400.00 (3,860.28) 54,000.00 SECURITY LIGHTS 5,452.00 6,474.50 61580.00 (105.50) 14,000.00 POLE RENTAL 1,293.25 1,657.25 4,000.00 (2,342.75) 4,000.00 SALES - GAS 2,598,146.08 3,267,280.10 2,878,100.00 389,180.10 5,600,000.00 TOTAL OPERATING REVENUE 7,889,210.91 9,071,461.19 8,201,080.00 870,381.19 16,772,000.00 OPERATING EXPENSES PRODUCTION OPERATION 484,056.45 527,868.10 538,103.35 10,235.25 1,160,015.00 PRODUCTION MAINTENANCE 153,613.38 406,956.56 256,715.00 (150,241.56) 303,500.00 PURCHASED POWER 2,241,307.68 1,575,287.37 1,476,860.00 (98,427.37) 2,099,650.00 TRANSMISSION OPERATION 95.82 .00 .00 .00 3,400.00 TRANSMISSION MAINTENANCE 4,959.54 14,454.40 15,530.00 1,095.60 29,000.00 ELECTRIC DISTRIBUTION OPERATION 126,255.10 103,650.41 103,875.00 224.59 217,000.00 ELECTRIC DISTRIBUTION MAINTENANCE 75,078.58 109,898.12 L03, 665.00 (6,233.12) 150,900.00 MFG GAS PRODUCTION OPERATION 271.50 627.04 310.00 (317.04) 1,000.00 MFG GAS PRODUCTION MAINTENANCE 703.73 38.50 1,000.00 961.50 2.000.00 PURCHASED GAS EXPENSE 3,118,343.52 4,250,335.30 3,804,855.30 (445,479.80) 7,960,790.00 GAS DISTRIBUTION OPERATION 119,809.17 106,668.79 117,350.00 10,681.21 226,000.00 GAS DISTRIBUTION MAINTENANCE 20 ,474.30 30,810.70 21,640.00 (9,170.70) 49,400.00 CUSTOMER ACCOUNTING 8 COLLECTIONS 106,833.22 1(10,652.12 96,671.00 (3,981.12) 198,800.00 ADMINISTRATIVE 6 GENERAL EXPENSES 759,985.42 636,870.21 676,306.74 39,436.53 1,473,056.00 DEPRECIATION _ 869,999.40 726,210.00 895,000.00 168,790.00 11790,000.00 TOTAL OPERATING EXPENSES 8,081,786.81 8,590,327.62 8,107,901.59 (482,426.03) 15,664,511.00 OPERATING INCOME (192,575.90) 481,133.57 93,178.41 387,955.16 1,107,489.00 OTHER INCOME OTHER - NET 15,254.42 27,978.84 25,750.00 2,228.84 125,000.00 INTEREST INCOME 101,935.07 98,979.09 107,100.00 (8,120.91) 210,000.00 MISC INCOME 42,i6B.35 75,688.79 23,534.00 32,154.79 28,700.00 GAIN ON DISPOSAL_ .00 .00 .00 .00 1,300.00 MISC INCOME - GAS 125,456.31 142,196.22 1971300.00 (55,303.78) 395,000.00 TOTAL OTHER INCOME 284,834.15 344,842.94 353,584.00 (9,041.06) 760,200.00 OTHER EXPENSES DEPLETION - GAS WELLS .00 .00 .00 .00 125,000.00 MISC EXPENSES 23,423.62 40,819.03 25,300.00 (15,519.05) 72,000.00 INTEREST EXPENSE 329,652.58 322,LB8.66 320,475.00 (1,713.66) 640,875.00 TOTAL OTHER EXPENSES 353,076.20 363,007.71 345,773.00 (17,232.71) 837,875.00 CONTRIBUTION TO CITY 325,000.00 337,500.00 337,500.00 .00 675,000.00 TOTAL CONTRIBUTION TO CITY 325,000.00 337,500.00 337,500.00 .00 675,000.00 NON -OPERATING INCOME (393,242.05) (355,664.77) (329,391.00) (26,273.77) (752,675,00) _T INCOME (585,517.95) 125,468.80 (236,212.59) 361,681.39 354,814.00 CITY OF HUTCHINSON LIQUOR STORE COMPARISON JULY 1995 MISC. TOTAL TOTAL BY WEEK 561 CITY OF HUTCHINSON LIQUOR STORE COMPARISON JULY 19% JULY 805 357 8,160 TOTAL JULY 22,758 1995 LIQUOR BEER WINE MISC. TOTAL BY WEEK 1996 LIQUOR BEER 1 4,187 9,034 1,591 173 14,985 1 2,006 3,801 5,013 340 227 4,608 14,985 2 2,043 4,955 3 3,941 8,757 1,470 642 14,810 12.412 3 5,707 14,037 4 HOLIDAY 0 442 4 1,747 4,853 5 1,763 2,145 489 208 4,605 6.625 5 3.602 6,880 6 2,357 3,560 624 289 6,830 1,275 6 2,964 6,573 7 3,117 6,139 1,008 621 10,885 5,499 395 298 8 2,927 6,234 836 697 10,694 669 8 1,591 2,664 1,538 668 13,475 940 730 47,624 9 1,306 2,735 10 1,500 2,964 350 255 5,069 418 10 1,511 3,232 11 2,136 3,319 532 353 6,340 11 2,394 3,581 12 1,618 3,885 437 432 6,372 9 12 3.481 6,946 13 2,236 4,875 690 502 8,303 13 3,355 7,151 14 2,835 6,829 804 665 11,133 15 3,157 5,874 1,188 738 10,957 15 1,894 3.049 48,174 16 1,330 3,468 17 1,475 2,659 462 242 4,838 17 1.744 4.005 18 1,318 2,474 369 279 4,440 18 2,255 4,763 19 1,584 3,241 549 236 5,610 19 3,481 7,917 20 1,741 4,176 639 2,259 8,815 20 3,220 7,795 21 2,851 7,244 1,236 511 11,842 22 3,097 6,111 860 800 10,868 22 1,749 2,952 46,413 23 1,299 2,979 24 1,362 2,680 423 551 5,036 24 1,470 3,005 25 1,099 2,273 430 248 4,050 25 2,382 4,566 26 1,465 3,601 448 346 5,860 26 3,445 7,824 27 1,865 3,919 486 328 6,598 27 3,207 6,628 28 3,675 7,616 1,062 842 13,195 29 1,880 3,773 29 3,553 7,622 1,380 997 13,552 48.291 30 1,415 3,479 31 1,719 2,394 238 201 4,552 4,552 31 1,909 4,357 TOTAL 58,598 119,625 18,601 13,415 210,239 TOTAL 64,387 137,968 94 TOTALS 53,667 102,756 15,351 8,828 180,602 95 TOTAL 58,598 119,625 % OF SALE 28 57 9 6 100 % OF SAL 27 58 SALES INC OR DEC 29,637 16 % SALES INC OR DEC VINE MISC. TOTAL TOTAL BY WEEK 561 299 6,667 805 357 8,160 2,106 908 22,758 594 524 7.718 1.252 586 12.320 990 778 11,305 68,928 544 214 5,013 340 227 4,608 492 262 5,497 691 257 6,923 1,152 833 12.412 1.257 835 12,598 47,051 442 321 5,706 488 242 5,528 556 320 6.625 702 396 8,116 1,164 736 13.298 1,275 940 13,230 52,505 488 310 5,499 395 298 4,971 412 263 5,150 669 482 8,099 1,538 668 13,475 940 730 11,505 48.699 510 308 6,471 418 283 5,595 515 334 7.115 19,181 21.296 12,713 236,364 18,601 13,415 210,239 9 5 100 26,125 12 % me. 16:3162, 'LIQUOR MONTH OF: HUTCH' JULY, 96 'te�D Glue vaSCr:Ct ion DEPTNO - iBEER) Lollat 612 SCbtc C3;5—i ,cunt 9sg Subtotai =- DEPT% - -:: 5 (ICE) Laint Z Subtntai DEPTIO —i 9 (RENTALf Gout 2 Subtota, DUN] 10 (TOBXM FR30f'Si Count 260 Subtotals --> DEPTNO - 91 iMI BttRl Dout 1 Subtotals - -> 91 (MISC LlDffT C: -sent 1 Subtotal DEP?Q 92 (MISC WINE) ,-sun` I Subtotals —; DEPTNO - -; 41 (?.'Sr' 6.1.X1 07uat 332 Sub;otals— Cant 3191 Totals —) I* � of 9 --F! •.756 8813 560,`.14 - -20760 70706.40 9tY 6958 15361 419; 1549 91 'GARY' -- - Mcn"h to - -- :oat ,ar -- -- 4v7r,�,2: 795.65 t;�756.49 562.95 1397e.171 — 426 -9= 3t2.75 tats Sal -- - --- - -- - ,P &3W. 81 1374071.46 27646X ni.1 - 81869. ^19 - -be9l 33 -0 2 99.55 tS8 .81 86.4 1.1.0.'. 121,01 23•')1 544x, =,96 te'N1 3754'.62 61.26 5069.:1 17t�9.58 25.5 rw= tr�t� - -5061 -- 751).69 t(0 N227.66 }.:'q 4784..) -- 28.4 62VA 3W', .711 31%9 IGOK6.SJ 1627.9: 2'.1519.64 5•77582.74 22.5 Data: 'YEAR -TO -DATE' Paya: -ez i.6a Descriution 24873 88854.67 ,uot 10;; tt p&bbt,ctals '.'cant 6ic Subtotal;--,, DEPTte -- 3 (WINE) Cwnt 949 Subtotals —± DEPTNO - -> 5 (ia) Count 3 subtotals aEPTNO - -> 9 (RENTAL) Cunt 2 Subtotals ) DEPTIC - -) 10 (TOBACCO PRODIXTS) Scant 2u) Subtotals - ; DEPTNO - -) 90 (MI.SC BEERi Count 1 Subtotals -) YPTNO -:, 91 (MISC L:Alx3R) unt 1 scbtotal; - -: DEPRC - -; 92 (MISC WINE) xmt 1 subtatals - :EPTNO -; 93 (MISC 6.58) a I C, - 4 f SGrtS: L{PTNJ /kangas: DEPTP)0 5aawar.r: Ye; — rear to Cate Sales - - - -- -- -- -- Gust 4moDwns ,ale Pr-3f Its ; - - - - - --- _ - - --- --- --- - - - - - -- -- - - -- 25391 165366.12 40663 305.x8.76 4134.22 390029.66 84690.9<) 9873 56075,14 83999 563995.94 :480.76 7t TOZ,93 I5 307.99 21. i')7 &) 70'08.40 -- 24873 88854.67 2629.42 132706,32 4.36,45.70 3.,., 4707 ICA6.15 - - - - -- - 6816.35 5770.2(1 84.7 Ml .301 5=4:) .96 - 9168 ;94:19.23 3 ".78 - M75.29 6466.;:, 25,5 atxar 0 +retir Yj61 7510,69 9915 16974.24 ;21.99 23728.24 6754.CmD 28,5 :ant 3191 Totals —i -- - --- -- -- --- --- --- 614,'l6 3CM01.31 174146 995118.94 10094.23 1297283( 302164,91 3 91