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cp05-14-1996 c. SUNDAY MONDAY TUESD/O • -12- -13- 71 -14- p.m. - HATS Joint Powers Board Meeting at HATS Facility 6:30 p,m, - Light Traffic Task 5:00 p.m. - CLOSED MEETING of MUTCN /NEON Force Meeting at City City Council to discuss CITY Center Osgood /Hayden Project CALENDAR Issue 5130 p.m. - City Council Week of Meeting in Council Chambers, City Center May 12 to May 18 1 9 9 6 WEDNESDAY THURSDAY FRIDAY SATURDAY -15- -16- -17 -18- CONFERENCE /VACATION: 10:00 a.m. - Directors Meetiri Jim b Bart Hessen - i n Staff Conference Room, City Center Conference Conference on May 15 Cal Rice - May 17 5:30 - 8:00 p.m. - OPEN HOUSE AT POLICE STATION (National Law Enforcement Week -- May 12 -18) 0 . AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 14, 1996 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Michael Wuehler, Vineyard Methodist Church • • , M • 912&11&81 MINUTES OF REGULAR MEETING OF APRIL 23, 1996 Action - Approve as presented - Approve as amended (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - APRIL 1996 2. TREE BOARD MINUTES OF APRIL 11, 1996 • 3. LIBRARY BOARD MINUTES OF APRIL 22, 1996 • (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 10674 - RESOLUTION FOR PURCHASE 2. RESOLUTION NO. 10675 - RESOLUTION AUTHORIZING RELEASE OF PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO., HUTCHINSON, MN 3. RESOLUTION NO. 10676 - RESOLUTION FOR AUTHORIZATION OF SENIOR CITIZEN'S DEFERRED ASSESSMENT > RESOLUTION NO. 10677 - RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT, LETTING NO. 9, PROJECT NO. 96 -17 & 96 -18 > RESOLUTION NO. 10678 - RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT, LETTING NO. 9, PROJECT NO. 96 -17 & 96 -18 > RESOLUTION NO. 10679 - RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, LETTING NO. 9, PROJECT NO. 96 -17 & 96 -18 • > RESOLUTION NO. 10680 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, • LETTING NO. 9, PROJECT NO. 96 -17 - 96 -19 CITY COUNCIL AGENDA - MAY 14, 1996 (c) PARADE PERMIT FOR MEMORIAL DAY PARADE (d) GAMBLING LICENSE FOR HUTCHINSON HOCKEY ASSOCIATION TO BE LOCATED AT MAIN STREET SPORTS BAR (e) RECONFIRMATION OF GAMBLING DEVICES LICENSE FOR ELKS LODGE (I) CHANGE DATE OF CITY COUNCIL; MEETING FROM JUNE 11, 1996 TO JUNE 10, 1996 (g) HUTCHINSON JAYCEE WATER CARNIVAL REQUESTS /ACTIVITIES: • PERMIT FOR CARNIVAL MIDWAY SHOW • CLOSE STREETS • PARADE PERMIT FOR KIDDIE DAY PARADE • PARADE PERMIT FOR GRANDE DAY PARADE • PERMIT FOR CONCESSION STAND • PERMIT FOR WATER CARNIVAL "OUTDOOR DANCE" • PERMIT FOR WATER CARNIVAL DANCE • PERMIT FOR FIREWORKS DISPLAY • ON SALE NON - INTOXICATING MALT LIQUOR LICENSE • PERMIT FOR SET -UPS AT WATER CARNIVAL,DANCE • WAIVER OF FEES AND RENTAL COSTS FOR WATER CARNIVAL (h) MAINTENANCE ACTION PLAN FOR MILLER WOODS PARK (i) RIGHT -OF -WAY CERTIFICATE FOR LUCE LINE TRAIL PROJECT (j) RATIFICATION OF APPOINTMENT OF RICK NASS TO POLICE CIVIL SERVICE COMMISSION Action - Motion to approve consent agenda PUBLIC A IN - 6 P.M. NONE G Cl COMMITNICATIONS . REQl JESIS AND PETITIONS (a) "EXCELLENCE PLUS" REPORT ON TEAM LEADERSHIP BY PLANNING COORDINATOR BRENDA EWING (b) PRESENTATION BY DIRECTORS ON FIRST QUARTER PROGRESS OF 1996 MANAGEMENT OBJECTIVES RESOLUTIONS AND ORDINANCES -- SEE CONSENT AGENDA 7 Fa • i 0 • CITY COUNCIL AGENDA - MAY 14, 1996 8. UNFINISHED BUSINESS (a) LOT SPLIT REQUESTED BY AUGUSTA BUILDING CORP. (CENTURY COURT) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH CONTINGENCY (DEFERRED APRIL 23, 1996) Action - Motion to reject - Motion to approve (b) CONSIDERATION OF ASSESSMENTS ON COMPTON /ANDERSON PROPERTY (FUTURE SITE OF WORD OF LIFE OUTREACH CENTER) (DEFERRED APRIL 23, 1996) Action - Motion to reject - Motion to approve 9. NEW BUSINESS (a) CONSIDERATION OF REVI §ED CEMETERY POLICIES AND PRICE STRUCTURE Action - Motion to reject - Motion to approve • (b) CONSIDERATION OF MERGER OF TRIAX MIDWEST ASSOCIATES AND DD • CABLE (MIDWEST CABLEVISION) Action - Motion to reject - Motion to authorize retention of attorney to review franchise transfer (c) CONSIDERATION OF MODIFYING ELECTRIC POWER ADJUSTMENT IN ELECTRIC RATE, EFFECTIVE JUNE 1, 1996 Action - Motion to reject - Motion to approve and adopt Resolution (d) CONSIDERATION OF ADJUSTING GAS RATE BY THREE PERCENT ACROSS THE BOARD, EFFECTIVE JUNE 1, 1996 Action - Motion to reject - Motion to approve and adopt Resolution (e) CONSIDERATION OF REQUEST TO TEMPORARILY CLOSE HUTCHINSON MUNICIPAL AIRPORT DURING EVENING HOURS ON JUNE 16-20,1996 FOR DOOLEY AIR SHOW AT MCLEOD COUNTY FAIR Action - Motion to reject - Motion to approve (f) CONSIDERATION OF SUBORDINATION AGREEMENT FOR HUTCHINSON MALL PLAT NO. 2 Action - Motion to reject - Motion to approve 3 CITY COUNCIL AGENDA - MAY 14, 1996 (g) CONSIDERATION OF AWARDING BID FOR AIRPORT FARM LAND Action - Motion to reject - Motion to approve and enter into contract 10. MISCELLANEOUS (a) COMMUNICATIONS A 51091161 (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds • 0 0 DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE" JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN O. REHER WALTER P. MICHELS, III 'uso ADMITTED IN TE% AND NEw ro FIA ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (320) 587 -7575 FAX (320) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON May 10, 1996 FOR YOUR INFORMATION OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN 5861 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (61 2) 545 -9000 FAX 16121 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 16121389 -2214 FAX 16121389 -5506 PROTECTED BY ATTORNEY /CLIENT PRIVILEGE Mr. Gary Plotz Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 • RE: Osgood Hayden Matter Our File No. 3244 -95091 Dear Gary: MAY 1 01996 Ch _ -i -. 1 This correspondence is a follow up to prior correspondence regarding the Osgood /Hayden matter. As you know, a closed meeting of the Hutchinson City Coun will , a proposa to temporarily resolve this matter. We have been approached by Landwehr with a suggestion that a global settlement be negotiated. I would recommend rejecting that proposal because it is simply impossible to evaluate, with any realistic precision, the damages suffered by the City as a result of contract noncompliance by Landwehr or its subcontractor. Frankly, any estimate of damages is, in large measure, at the present time simply a guess. Will the roadway break up? Will it break up along the edges? Will its projected life expectancy be reduced as a result of the quality of workmanship? These questions are simply not answerable at the present time. Instead, I would propose a partial resolution of the matter. • First, I would recommend that we settle the issues of liquidated damages, additional testing and so forth for approximately • $10,000.00. The total cost of all of these charges is probably somewhere around $20,000.00 or perhaps slightly more. There is 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 Gary Plotz • May 10, 1996 page 2 always a debate about whether or not the testing was required circumstances created by the contractor or whether it is simply done by the City to protect its own position and in anticipation of litigation. Settling this issue would eliminate this discussion at a later date. Second, I would require that the warranty be extended an additional year and, along with extending the warranty an additional year, the contractor provide adequate assurances, through its insurance carrier, that the performance bond remains in full force and effect. Third, I would recommend that a resolution of the remaining issues be delayed until the end of the warranty period. At present, almost everything is disputed by the subcontractor. I do not believe it is in the best interests of the City to litigate any issues now. Delaying litigation is probably to the City's advantage, at least in part, because we will have a much clearer picture regarding the condition of the roadway and problems relating to the roadway. For example, the city engineer has been • very clear and direct with Landwehr in advising them that the work did not pass compaction tests, at least according to testing done by the City, and that the City will be expecting a deduction for this amount. The contractor has tests of its own which indicate that either the roadway did pass compaction testing or it did much better than alleged by the City. If the roadway begins to break up within the warranty period the validity of the argument advanced by Landwehr's subcontractor becomes questionable to say the least. Even if the roadway doesn't break up, the City has waived no rights and, in fact, the city engineer has continued to tell Landwehr at every available opportunity that the City intends to take the deduction for compaction trouble. Regardless, arguing the point now simply puts the City into a litigation posture earlier than would otherwise be to the City's advantage. This is particularly true with respect to the more serious issues concerning the length of the roadway and any repair work that might be necessary. Extending the warranty period will keep Landwehr on the hook for a longer period of time and help ensure that if there is an early failure a response will occur. The last issue to be addressed is the question of an escrow. Normally, in a contract such as this, a municipality could, and in many cases does, rely solely on the performance bond. Whether an escrow or performance bond is used, in either case, the City is not to entitled DDistrict make a cl aim unti the contractor has failed to respond • In other words, the escrow provides no superior protection for the City unless Landwehr fails to • respond to a court order indicating that the City has prevailed. • Gary Plotz • May 10, 1996 page 3 Landwehr would prefer to have no escrow at all over the next two years. While that position is defensible, I would prefer to have a fairly significant escrow for a couple of reasons that, for the most part, have very little to do with the legal issues involved in this case. It is frankly much easier to persuade a contractor to perform necessary services when he will ultimately receive a reasonable significant sum of money and secondly, the presence of an escrow can provide some indirect encouragement on a contractor to settle claims in a reasonable and efficient manner. Frankly, when dealing with a contractor the size of Landwehr, in terms of ultimate collection of the judgement if this matter were actually to be litigated, the presence or absence of an escrow might be, and probably is, irrelevant. Nonetheless, despite the wishes of the contractor, I would recommend retention of at least some amount in escrow (to be held at interest, of course) pending resolution of the warranty issues or ultimate settlement of the litigation. I would recommend, in a completely arbitrary fashion, that we retain $50,000.00 for this purpose. Obviously, the parties would • enter into an escrow agreement so that there would be no question regarding the rights and responsibilities of the various parties. • I summary, the results of this settlement agreement will be to resolve the testing expenses and delay resolution of all remaining issues until a time better suited to the City's needs while maintaining a significant escrow account and forcing the contractor to provide additional assurances that the performance bond is in place. I have discuss these matters with the city engineer and I understand him to be in general agreement with the procedure outlined above. I look forward to discussing these matters with the Council in our closed session this coming Tuesday evening. 3. L. L. P. • • • • • • • CITY OF HUTCHINSON BUILDING / PLANNING / ZONING DEPARTMENT 1 I I HASSAN STREET S.E., HIFTCHINSON, MN 55350 PHONE: 612- 2144216 FAX: 612 - 2344240 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNE HOUSEKEEPING Item NumberW vakasonof Number of Yeloahon of BUILDINGS No Butldahgs Housing Construction Buildings constmchon Umre Om,r cents Units Oma cents (a) I (b) (m fd) (a) (f) I I Single - family houses. detached FicluL rtcdVe M1cvee 101 Single-family houses, attached �� ex i : Seosrawa� I seo..afe ne.mN syem, a rmar meters 102 covu a rm u n. scyenfe 2 2 183,692 Two-laml buidnfp 103 Three- and four-farnify buildings 1D4 Frvear -moue famfly buildings 105 TOTAL Sum cy 104108 > 109 NEW RESIDENTIAL PRIVATELY OWNED PUOL LY OWNED NONHOUSEKEEPING Item Number of Valuation of Number of Valuation of BUILDINGS No. Fborns construction Bindings Roans construction Buidings Omit cants Omit cents (a) (b) (c) (d) (9) (1 Hotels, motels, and lourim cabins (translnq aCNRYfra691101K Wy) 213 Other na✓wusekeeprg shatter 214 NEW PRIVATELY OWNED PUBLICLY OWNED NONRESIDENTIAL Item Number Valuation of Number of Valuation of BUILDINGS No. of construction Buildings construction Buildings Omit cents Omh cents (a) (b) c (d) e) Amusement, social, and recreational 318 Ghurd»s and other religious 319 Industrial 320 Parking garages (builo gs 8 open decked) 321 Service stations and repair garages 322 Hospitals and Inetsulmel 323 Olficess, banks, and professional 324 Public works and utilities 328 Schools and other educational 326 Stores and customer services 327 1 51,072 Other nonrescenlial buildings 328 Structures, other than buile" 329 2 14,$00 ADDITIONS, PRIVATELY OWNED PUBLICLYOWNED ALTERATIONS, Item Number Valuation of NumMx of VaWafion of AND CONVERSIONS No. d construction Buildings construction Buildings Omit cents Omit cents (a) (b) (c) (d) (e) Rescenbel - gassify acto n W 434 gaages and carports n Irfm 439 11 44; 344 Nonresidential and naNpusekeeping 437 Additions of resoonsel garages and 439 carports (attached and detached) DEMOLITIONS PRIVATELYOWNED PUBLICLY OWNED AND RAZING Item mber Number of Number of Number of OF BUILDINGS No d r Houvrig units Buildings Housing units a) (bl (c) (d) (e) Single- family hcums(ettached and detadred) 64s Two-family buildings 848 Three - and lour - family buildings 647 Fiv -more family buildings ! fl a All other buildings and smictures 649 SIGN -1, RRR -13, RRS -3, RWR -4, MHI -1, FENCE -2, EXC -1 Total permits 44 Total Valuation $639,842 TREE BOARD MINUTES APRIL, 11,1996 MARQUETTE BANK MEMBERS PRESENT: DAVE LARSON, JAY BEYTIEN, LAURA POSER, BRAIN BROSZ, RAY WURSCHER, JOE NUEBAUER, MARK SCHNOBRICH OLD BUSINESS: ARBOR DAY IS SET FOR MAY IOTH AT THE SOUTH PARK WITH ALL 4TH GRADERS FROM PARK ELEMENTARY. A COMMEMORATIVE TREE WILL • BE PLANTED AND A SPEECH WILLBE GIVEN WITH ICE CREAM BEING . GIVEN TO ALL THE STUDENTS AFTER THE PROGRAM. JAY BEYTIEN SUGGESTED THAT THE PROGRAM SHOULD START AT NOON WITH THE STUDENTS EATING DURING THE PROGRAM. Mark will look into contacting Loren Olsen to secure the ice cream bars. The Hutchinson Garden Club corresponded with Mark in regards to helping with program in some way. Mark will contact the garden club about the event, Mn ReLeaf Update To -date 18 applications have been received from residents. this is a far cry from previous years but the weather is partially to blame, Those trees not being requested from private residents will be utilized throughout town for shading streets and parking lots and other governmental buildings, OLD BUSINESS Tree ordinance update The board reviewed the importance of having a updated tree ordinance and began the process by reviewing page one of the existing ordinance. Due to time constraints the • board will continue this revision process at the next meeting. • Meeting adjourned. Respectfully submitted, Mark Schnobrich # (2) • Hutchinson Public Library Board Meeting 0 Monday, April 22, 1996 Members Present: Mary Henke, Larry Ladd (PLS), Kay Peterson (City Council), Paul Wright, Sue Munz, Lois Carlson, Richard Peterson, Connie Lambert, Joyce Beytien Members Absent: Joe Schulte The meeting was called to order by Paul Wright and the previous minutes were reviewed. John Houlahan, Pioneerland Library System Director was introduced to the new members. Mr. Houlahan presented an overview of the PLS budget, expenditures, salaries and income. He also informed us of the proposed costs for automation within the PLS system. Questions and discussion followed. Old Business: Lois Carlson reported that Dave Skaar is working on the proposed Bergstrom memorial portrait. The light fixture 'dimming' problem has been referred to J. Korngiebel and then to the designers as recommended by an electrician. • The next meeting will be Monday, May 20, 1996 at the Public Library. • The meeting was adjourned. Joyce Beytien, Secretary go is -A • (-: RESOLUTION NO. 10674 • CITY OF HUTCHINSON . RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR 1,200 Gal. Corrossion 119,596 Water Treatment - Water Yes Nalco Inhibiter Corrossion Control I • 1W The following items were authorized due to an emergency need: ITEM I COST I PURPOSE I DEPT. I BUDCET I VENDOR , Date Approved: Motion made by: Seconded by: May 14, 1996 Resolution submitted for Council action by: RESOLUTION NO. 1067 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: U S Treasury 04 -30 -96 (cusip912827a69) $ 500,000.00 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 and to accept the substituted securities. Adopted by the City Council this 14th day of May, 1996. Marlin Torgerson Mayor ATTEST: • Gary D. Plotz City Administrator • ,//-A. ('�) RESOLUTION 10676 AUTHORIZATION OF SENIOR CITIZENS DEFERRED ASSESSMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the following property be certified as deferred for hardship for senior citizen or disabled person as outlined by state statute, city ordinance, and city resolutions: Property description Owner So 66' of Lot 1 Lucille Stark Block 5 North 1/2 City • i THAT, the following assessment roll shall be deferred under the above guidelines: City Roll Number 301 Amount $3,990.63 Adopted by the City Council this 14th day of May 1996. Marlin Torgerson Mayor ATTEST: Gary D. Plotz Administrator n • RESOLUTION NO. 10677 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO. 9 PROJECT NO. 96-17 & 96 -18 WHEREAS, it is proposed to improve: Project No. 96 -17 Municipal Parking Lot E - Washington Avenue W & Franklin St SW by construction of storm sewer, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing and appurtenances, and Project No. 96 -18 Hutchinson Industrial Park - Industrial Blvd. and access to Hutchinson Industrial Park 2nd Addition by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, curb and gutter, bituminous base, surfacing and appurtenances, Project No. 96 -19 5th Avenue SE at Ontario Street SE by Sanitary Sewer & Watermain Reconstruction: 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 14th day of May, 1996. Mayor City Administrator r!•. •; • �• ;•its .� ...• ;• ;r . ; PR OJECT • Hutchinson, Minnesota Dated: 5 -14 -1996 • TO THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: We, the owners of real property known and described as Hutchinson Industrial Park 2nd Addition hereby petition that such property be improved by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, curb and gutter, bituminous base, surfacing and appurtenances on Industrial Blvd. and access to Hutchinson Industrial Park 2nd Addition, pursuant to Minnesota Statutes, Chapter 429, This petition shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. IMPRESSIONS, INC. IMPRESSIONS, INC. By: Title: By: Title: I have caused an examination to be made of the records provided by the County of McLeod, in order to ascertain the names and addresses of each person, firm or corporation having an interest in each lot, tract or parcel for which improvement is requested and against which a special assessment will be made for the entire cost of the improvement. After making search and inquiry, I am unable to find any other persons, firms or corporation who have interest other than those listed. To my best knowledge, the persons herein named are all the owners of properties affected by the petitioned improvement. CITY OF HUTCHINSON Gary D. Plotz Dated: 6-18 -1996 Title: City Administrator � l AGREEMENT OF ASSESSMENT, WAIVER OF HEARING AND WAIVER OF IRREGULARITY AND APPEAL LETTING NO. 9 PROJECT NO. 96 -17 & 96 -18 This Agreement, is made this 14th day of May, 1996, between the City of Hutchinson, in the State of Minnesota, hereinafter referred to as the City and Impressions, Inc., Owner of Hutchinson Industrial Park 2nd Addition, hereinafter referred to as Owner. In consideration of the action of the City Council, at the owners' request, to cause the improvement of Industrial Blvd. and access to Hutchinson Industrial Park 2nd Addition Industrial Boulevard by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, curb and gutter, bituminous base, surfacing and appurtenances, and to assess 100% of the cost of said improvements to the Owner, the Owner agrees to pay said percentage, as may be determined by the Council of the City to be a fair apportionment of the costs of said improvement not to exceed S plus interest, over a period ten years. Owner expressly waives hearing and objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with all rights to appeal in the courts. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. In testimony, whereof, said Owner has hereunto set his hand, the day and year first above written. IMPRESSIONS, INC. IMPRESSIONS, INC. 13 Title: By: Title: CITY OF HUTCHINSON Mayor City Administrator • Is i HUTCH /NSON ENG /NEER /NG /PUBL /C WORKS DEPARTMENT Hutchinson City Center/ I I I Hassan Street SE /Hutch in son, Minnesota 55350 -2522 /Phone (612) 234 -4209 / RX (612) 2344240 0 ENGINEERINGREPORT TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works DATE: May 10th, 1996 SUBJECT: Letting No. 9/Project No. 96-17 & 96 -18 1 have studied the following areas and find that the proposed project is feasible and recommend it be constructed. Project No. 96 -17 Municipal Parking Lot E - Washington Avenue W & Franklin St SW by construction of storm sewer, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing and appurtenances; and Project No. 96 -18 Hutchinson Industrial Park - Industrial Blvd. and access to Hutchinson Industrial Park 2nd Addition by construction of sanitary sewer and services, watemain and services, storm sewer, grading, gravel base, curb and gutter, bituminous base, surfacing and appurtenances; Project No. 96 -19 • Construction Cost Right-of-Way Cost Engineering/Administration Fiscal /Legal /Interest ESTIMATED TOTAL Assessable Cost Deferred Assessable Cost 5th Avenue SE at Ontario Street SE by Sanitary Sewer & Watermain Reconstruction; City Bonded Downtown Parking Lot Fund Sanitary Sewer /Watermain Reconstruction Mn/DOT Federal Funds (ISTEA) ESTIMATED TOTAL cc: Cal Rice - Engineering Department file: L9/96 -17 & 9618 0 itaT✓: E II¢p II .. .II II I .. I. 4-13(4) RESOLUTION NO. 10678 ' RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT LETTING NO. 9 PROJECT NO. 96 -17 & 96 -18 WHEREAS, pursuant to a resolution of the Council adopted May 14th, 1996, a report has been prepared by the Director of Engineering, with reference to the improvement of Project No. 96 -17 Municipal Parking Lot E - Washington Avenue W & Franklin St SW by construction of storm sewer, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing and appurtenances: and Project No. 96-18 Hutchinson Industrial Park - Industrial Blvd. and access to Hutchinson Industrial Park 2nd Addition by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, curb and.gutter, bituminous base, surfacing and appurtenances; Project No. 96 -19 5th Avenue SE at Ontario Street SE by Sanitary Sewer & Watermain Reconstruction; Said report was received by the Council on May 14th, 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 S 2. The public hearing has been waived by 100% of property Adopted by the Hutchinson City Council this 14th day of May, 199x, Mayor City Administrator RESOLUTION NO. 10679 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 9 PROJECT NO. 96 -17 & 96 -18 WHEREAS, a resolution of the City Council adopted the 14th day of May, 1996, waived the public hearing on the improvement of: Project No. 96 -17 Municipal Parking Lot E - Washington Avenue W & Franklin St SW by construction of storm sewer, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing and appurtenances; and Project No. 96 -18 Hutchinson Industrial Park - Industrial Blvd. and access to Hutchinson Industrial Park 2nd Addition by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, curb and gutter, bituminous base, surfacing and appurtenances; Project No. 96 -19 5th Avenue SE at Ontario Street SE by Sanitary Sewer & Watermain Reconstruction: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the resolution adopted the 14th day of May, 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 14th day of May, 1996. i Mayor City Administrator z RESOLUTION NO. 10680 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 7 /PROJECT NO. 96 -17 & 96.18 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of: Project No. 96 -17 Municipal Parking Lot E - Washington Avenue W & Franklin St SN' by construction of storm sewer, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing and appurtenances; and Project No. 96 -18 Hutchinson Industrial Park - Industrial Blvd. and access to Hutchinson Industrial Park 2nd Addition by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, curb and gutter, bituminous base, surfacing and appurtenances; Project No. 96 -19 5th Avenue SE at Ontario Street SE by Sanitary Sewer & Watermain Reconstruction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: approved. 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby 2. The Director of Engineering shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be Publicly opened at 10:30 am on Friday, June 21st, 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 June 25th, 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 14th day of May, 1996, Mayor City Administrator 0 1 0 t ,� -6( 1) r 1 L J 1 3 4 5 APPLICATION FOR PARADE PERMIT FOR OFFICE USE ONLY Date Received: Approved: Name of Organization American Legion P os t 96 Address of Organization 35 Third Av S E Authorized Officer's Name CCP.h:,.AL_. F1 atUc.CKLR2 Officer's Address 13668 170th 6T, dLTCdI,', -0N. Parade Chairman P. A. Slil.h Phone 320 -5 87 -9372 6. Parade Chairman's Address 569 M Ave S'd, HUTCHINSON Phone 320587 -3083 7. Date of Parade MAY 27, 1996 Assembly Time 9:00 a.m. 8. Location and Description of Assembly Area Parking lot in rear of Firstate Fe deral 9. Starting Time of Parade 9:30 a.m. Estimated Time of Termination 10:00 - 10:15 a.m. 10. Starting Point of Parade Second Avenue and Main Street 11. Route of Parade Travel Second Avenue S. to Legion Park (Requires closing of Main Street during duration of parade) 12. Termination Point.of Parade Legion Park by Oakland Cemeter 13. Approximate Number of Units, Animals and Vehicles which will constitute Parade with Tvpe and Description of Animals and Vehicles Approx. 20 units, 3 -4 cars, Fire Department, and marching units 14. Maximum Interval of Space to be Maintained Between Units Standard distance 15. Maximum Length of Parade One mile 16. Minimum and Maximum Speed of Parade Falk 17. Portion of Street Width Traversed Center 2 -3 Approved this _ day of 19 upon compliance with the following terms and conditions i Chief of Police Phone 537 -0830 J/ -L, HUTCHINSON HOCKEY ASSN. (RAIN STREET SPORTS BAR) • City of Hutchinson FEE: $100.00 APPLICATION FOR GAMBLING DEVICES LICENSE Approved by: Building _ Fire _ Application shall be submitted at Police _ least _ days prior to the Gambling occasion AND I. Name of Authorized Officer of Name of Designated Gambling Organization Manager Hereby submit in duplicate this application for a license to conduct Gambling devices in accordance with the provisions of the City of Hutchinson Ordinance NO. 655 and Minnesota Statutes Chapter 349 for the license year ending JJ %G Signa s: A uthorized Officer of Organization Desig ated Gambling Manager o organization • A. The of following is to be completed the organization: by the duly authorized officer 1. True Name: C' (nry (,GYlY1�z JCS (last) (first) (middle) 2. //// Residence Address: �5S (l ?CE Si�Etl Huyal A'�Vti' 1tiyk X53 ' (street) (city) (state) (zip) 3. Date of Birth: C) 17 OW 4. Place of Birth I-aN! (mo /day /year) (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 gambling manager of organization: 1. True Name: (last) (first) (middle) 2. Residence Address: `33� �>G y 7 , — "- S 3` U (street) (city) (state) (zip) 3. Date of Birth: Cc --) –� - 9 4. Place of Birth: • (mo /day /year) (city /state) PAID APR 3 01996 City 6 Ha',c7 rMr1 '/ 5. Have you ever been convicted of any crime other than a traffic offense? Yes No -',)<' . If yes, explain 6. How long have you been a member of the organization? ?. Attach a copy of the official resolution or official action designating you gambling manager. C. Came Information: 1. Place where gambling devices will be used C 0# 4. � S - 'S �. % S 7 )' 2. Date or dates gambling devices will be used I5 -� (date and /or day(s) 3. Hours of the day gambling demos will be used: of week) From l A�M. To f P.M. M' P.M. 4. Maximum number of players 7 5. Will prizes be paid in money or merchandise? rv%E2,.� 6. Will refreshments be served during the time the gambling devices will be used? Yea X No . If so, will a charge be made for such refreshment f Yes -- > - Z NO D. Organization Information: 1. Address where regular meetings are held 2. Day and time of meetings o� -- d lrje--�z> `- 3. Is the applicant organization organized under the laws of the State of Minnesota? Yes >< No 4. How long has the organization been in existence? 4a. How many members in the organization? 5. What is the purpose of the organization? /�a� -leery 6. Officers of the Organization: Name Address Title �L �14 m: e_ �rnc,.� S ��`7 /Yw� L� c_L /'�e_S 7. Give names of officers or any other persons paid for services to the organization: Name Address Title A./ A • D. Organization Information: (Continued) 8. In whose custody will organization records be kept? Name ,._ Address -`1 /f� y ��✓ fif. If the organization carries sufficient insurance to compensate the players in the event any injury is sustained by players while gambling devices are used, or while on the licensed premises, please state the Name of Insurer 10. Have you (Manager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulationsgverning the operation and use of gambling devices? T Attach a li t of all active members of the organization. E. The following information is provided concerning a fidelity bond given by the gambling manager in favor of the organization. 1. Name of bonding company Tom-: t T74T_.__ S . Lo . 2. Address of bonding company LuU4ca- -.+-h- V" -J • 3. Amount and duration of bond le-:., - Qo Q. 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 gambling, and I will familiarize myself th the thereof. C ? - Tent / Lt Subscribed and sworn to before m ?� a notary public on this �- x - ' , day of ate. Q 192(, F'ra A Pr Z-1 9 SignaCurb of Notary Public Commission expires on / - 3/- Q 2GiOo Signature or authorized officer of organiczation Date: 4`A9ht /� and Policy No. Subs ribed and sworn to efore m § notary public on this ,,i4.� of 19�c Y� ..,,. Signat re of Notary Public Commission expires on / -3/ -.1000 Social Security Number: • MN Business ID Number: UM r► COMM0w cawu 14140M 0 MEMORANDUM May 8, 1996 To: Mayor & City Council From: Marilyn J. Swanson, Administrative Secretary • Since the League of Cities Annual Conference will begin the evening of June 11, 1996 in Rochester, MN, it would be appropriate to change the date of the City Council meeting scheduled for June I L It has been recommended to hold the City Council meeting on Monday, June 10, starting at 5:30 p.m. 7 � . '�4T5 �. �t ; ?i Hutchinson Jaycee Water Carniva( P.O. Box 624 Hutchinson, Minnesota 55350 May 2, 1996 1996 CITY CITY = hC - - :OrJ Gary Plotz, City Administrator City of Hutchinson 111 Hassan Street Hutchinson, MN 55350 Dear Gary, The 54th Annual Hutchinson Jaycee Water Carnival, which will be held June 13 - 16, 1996, is fast approaching, and we are in the process of preparing for this annual community celebration. In this regard, the Jaycees would like to kindly request that permits be issued for the 1996 Water Carnival as follows: • 1.) Issue permit for the Carnival Midway Show, June 12th - 16th, at West River Park. The Park and Recreation Dept. has been asked to approve this location again for this year. An alternative site can he set for the Jaycee Park parking lot, as has been done previously in wet years, or another site agreeable with the Park & Rec. Dept. 2.) Close Third Avenue NW for the 10K and Fancily Fun Run, Roll or Ride events, from Main Street to Glen Street on June 15th, from 7:00 a.m. to 10:00 a.m., for safety to the participants at the beginning and end of the races. 3.) Close streets and issue a parade permit for the Kiddie Day Parade on Saturday, June 15th, from 11:00 a.m. to 1:30 p.m. The same route will be used as has been done in the past, starting at the south side of Park Towers and continuing around South Park in a clockwise direction on Glen Street, Fourth Avenue SW, and Grove Street. 4.) Close streets and issue a parade pemtit for the Grande Day Parade on Sunday, June 16th, from 11:00 a.m. to 4:00 p.m. We are proposing the same parade route as last year, which starts with the staging area on Larson Street all the way down Roberts Road, including the side streets of Graham and Hidden Circie Drive, to Dale Street. The Parade is to start at Roberts Road and Dale Street intersection and head north on Dale Street until turning east on Second Avenue and continuing until turning south onto Franklin Street, and ending on Linden Avenue. (see map for details) We were going to go back to the original parade route, however, there is still work being done on Lake Street (i.e. new sod). 5.) Issue a permit to operate a concession stand during the Sand Volleyball tournament on Saturday, June 15th, at West River Park and Les Kouba Park, and during the Grande Day Parade, Water Ski Show, and Mud Volleyball Tournament on Sunday, June 16th, at South Park, West River Park, and Les Kouba Park. 0 6.) issue a permit for the Water Carnival "Outdoor Dance" on Friday and Saturday nights, June 14th and 15th, from 6:00pm to 12:00am at Flyers / Hi -Tops, Hutch Bowl parking lot. The dance area will again be fenced off to enable Flyers / Hi - Tops employees to monitor gate entry to dance area. The Hutchinson Police Dept, has been contacted about this dance. 7.) Issue a permit for the Water Carnival Dance on Saturday, June 15th, from 8:00pm to 1:00am at the Rec. Center. Permission has been granted by Mary Haugen of the Park and Rec. Dept. for use of the Rec. Center. 8.) Issue a permit for the Fireworks Display on Sunday, June 16th, at approximately 10:00 pm at the AFS International Friendship Grove Park. The Fire Chief, Brad Emans and the Fire Marshall, Casey Stotts have been contacted regarding the necessary permits. The Jaycees will arrange to have the Fire Dept. along with an ambulance crew stand by if any assistance is needed. 9.) Issue a Non - intoxicating Liquor License for liquor sales on the following dates: A.) Thursday evening, June 13th, at West River Park / Les Kouba Point during the Water Parade. B.) Saturday afternoon, June 15th, at West River Park / Les Kouba Point. C.) Saturday evening, June 15th, at the Rec. Center. D.) Sunday aftemoon, June 16th, at West River Park / Les Kouba Point. The Jaycees would like to be able to sell set -ups during the Water Carnival Dance at the Rec. Center. 10.) In past years the City of Hutchinson and the Parks and Recreation Dept. have taken care of the cost of the portable toilets needed for the weekend. I have talked to Dolf Moon of the Parks and Rec. Dept., and he is agreeable to this. The Jaycees, which is a non -profit organization, would greatly appreciate the waiver of any fees or rentals during the Water Carnival to help defray expenses. We appreciate all of the help and assistance we receive from the City of Hutchinson and all it's staff and employees, for it is the city as a whole that is the real backbone of support for this • community celebration. Please inform me when the Water Carnival items will be on the City Council Agenda. I will plan to attend, along with the Vice Commodore, Robert Hantge. If you have any questions, concerns, or need additional information, please feel free to contact me anytime. Sincerely, Grandgenett, mmodore Hutchinson Jaycee Water Carnival pc: Mayor Marlin Torgerson Hutchinson City Council 320 Third Avenue NW Hutchinson, MN 55350 320 / 275 -3396 (W) 320/587-2818 (II) V LA O 22 /� S fRVt R0 R LE i CROW Inc /toil I 7 '10 ' - 2nd AVEZI l 117 N P low !6171 N29w C Z AVE F _ N 22 N =-1 I91 ~ ? - NW , I t AVE NE `; w I WASHINGTON �4 J Z? Z _ AVE ''�w • � 0 AVE S W �I AV L WA � HARM Lq Ist AVE Ist / Q O N � a �° 7 25 2na W AVE. S. w. L 01] N � u�i 3rd o. AV �22 l 3rd AVE. S W 3rd AV $. W LA VE : 1h � 41n 3 W _ _4In AV S W AJ o S W. a 11 �� Stn JUEHGENS RD � � J�� h J�_ -� rn6N Nlor Srn AVE S W Stn PJ{Wa I W u~i 1 li Z il Stn 14 4 luti R < LR D RD o --/ ROBERTS DIVISION AVE a� J AVE r z GOEBEL CIR w �F� _ 1 1 �� 25 Z M11 �l?s�E AVE S w �.I O a _ MI AvE SW I• - — -- - - _ 6th J AVE 5 E a L z J GOEBEL �� -- q r I MILLER l L AVE a` v+ _ 7tn AVE, S W� = W LIN DEN A AVE 5 W LL1 L r v �=DALE �LO.UR AVE 'o 15 0� KAY ST �/ CRAIG u.VE IN N AV J m ° ° 1 N 1 HC�- AY L, 2� 1 z Z TO: Mayor and City Council ROM: Mark Schnobrich, Forester and Dolf Moon, Director of PRCE DATE: May 9, 1996 RE: Miller Woods Park Action Plan Miller Woods Park is a unique asset to our community. The maintenance of the park has been a more passive, low key approach as is requested of the John Miller family in their dedication covenant from 1973. The Tree Board and the Parks, Recreation & Community Education Board • have discussed various approaches to the maintenance of the park in an effort to uphold the dedication covenant. With that in mind, the PRCE Board and Tree Board recommend the following approach to be established in furthering the commitment of the City Hutchinson has in continuing the parks intent and the intention of it's contributors as a nature area park. 1.) All property owners surrounding the park would be notified of the proposed action plan. 2.) The City Engineering Department locate correct property lines to establish boundaries of public and private property. 3.) Wooden posts with engraved lettering saying "Park" be placed at each or every other property corner clearly marking park and private property edges. 4.) In more precise compliance with the dedication covenant, all park land inside the woodchip trail area be left natural with the intent of enhancing the park as natural site. This would be accomplished by maintaining a three foot swath on the inside of the trail while also mowing all accessible grass area residing outside of the woodchip trail. Both the PRCE and Tree Boards feel this action will further the intent of the park as a nature study area as well as provide clearer definitions to the park for both users and adjacent property owners. City Center Parks & Recreation Police Services 1I1 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 (612) 587 -5151 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (612) 587 -2975 — (612) 587 -2242 Fax(612)234 -4240 Fax(612)234 -4240 Fax(612)587 -6427 - Printed on recprled paper - VAI DEEP THIS Ir.' -: IL RC, !f:,cle this 26th _ dap of Cc tther 1973 hr•t,:, rn John E. i•1iI1: r ai-d S ,: �.u, �a F. hiller, hr '. wife, of the Cn;mty of McL ^od and Mate of YI-nnesota, parties of the first part, and City of Hutchinson, a municipal corporation under the laws of the State of linnesota, Party of the second part, h That the said parties of the first part, in consideration of the sum of One Dollar and other good and valuable consideration, to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do hereby Grant, Bargain, Sell and Convey unto the said party of the second part, its successors and assigns, Forever, all the tract or parcel of land lying and being in the County of McLeod and State of Minnesota, described as follows, to -wit: S Outlot A of Rolling Oaks Third Addition, according to the map or plat thereof on file and of record in the office of the Registrar of Titles of McLeod County, Minnesota. The primary purpose of this transfer to the City of Hutchinson is to preserve it in its natural state so that it can be enjoyed by present and future generations as a Nature Area. It is the express wish of the John E. Miller family that the land, the trees, the vegetation, the birds and animals be protected and preserved forever. THEREFORE, the following restrictions are hereby placed on the land and are to run with the land and they are set forth more fully as hereinafter described: (1) There shall be no roads, utility lines, water towers, lift stations, or any other utilities built on, through, across or underneath the land hereinbefore described, - but a foot path shall be allowed. �H (2) 7 iere shal l be no ron%lruction, erection, or placing of • bni]dtn s, tahlvs, toile above or ?ny other structures of any };;,d or c ?_c re in the dc•scrilrr-d l.od except in the cnt r. :nre .tea .!s Ll e same is shown on the plat of Folling Oaks Th;rd Addition. (3) There shall he no notarized or self - propelled vehicles of any type allowed in the area except maintenance vehicles that ray be used from time to time to maintain the natural state of the park. (4) No overnight camping shall be allowed. (5) In the event that the City of, Hutchinson deems it inadvisable for any reason to continue the area as a park land pursuant to the restrictions bereinbefore stated, the land shall revert back to John E. Miller, his heirs or assigns. The following is not to be construed as a restriction or the park area, but it is the desire of the John E. Miller family that the City Council of the City of Hutchinson or any future governing body regulating the use of parks in the City of Hutchinson be encouraged • to counsel with the John E. Miller family relative to any maintenance situation that would change the natural character of the park area; and further, that the City Council of the City of Hutchinson and the park and recreation board or any other governing body responsible for the maintenance and upkeep of parks within the City of Hutchinson, be encouraged to seek advice from the Department of Natural Resources, State of Minnesota, for ideas for the maintenance of said park area. TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to the said party of the second part, its successors and assigns, Forever. And the said John E. Miller and Sedona E. ?filler, husband and wife, parties of the first part, for the selves, their heirs, executors and administrators, and have good right to sell and convey the same in manner and form aforesaid, and that the same are free from all incumbrrances. do covenant with the said party of the second part, its successors and assigns, that they are well seized in fee of the lands and premises aforesaid, and have good right to sell and convey the same in manner and form aforesaid, and that the same are free from all incumbrrances. And the above bargained and granted lands and premises, in the quiet it and peaceahle possession of the said party of tie spc,•nd part, its surrpssors and assig ^s, a- air.st all persM:s lawfully claming or to chic the wiiole or any part thereof, subject to incumbrsnces, if any, hereinb ^_fore nentien•d, the said parties of the first cart will Warrant and Defend. IN TESIi•fONY i.9IEREOF, The said parties of the first part have hereunto set their hands the day and year first above written. In Presence John -E. Miller ` Sedona E. Miller _ State of Minnesota: ss County of McLeod: On this 26th day of __c 1973, before me, a Notary Public within and for said County, personally appeared John E. Miller and Sedona E. Miller, husband and wife, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed same th�irej act and deed �/ �` I N 'i This Instru_ent was Drafted by: 7 McGraw 6 Haas Law Office Citizens Bank Building Hutchinson, Minnesota 55350 0 C M E M O R A N D U M May 9, 1996 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Right -of -Way Certificate for Luce Line Trail Project The attached document is required to obtain Federal financing for the Luce Line Trail. We expect that this project will be completed this year. Following receipt of • this document, and approval of the plans, the project can be bid. 0 City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Far(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Primed on recycled paper Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 — - (612) 587 -2242 Fax (612) 587 -6427 MN/DOT 30749 (1/88) RIGHT- OF -IA'AY CERTIFICATE NO. 1 -A Office of State Aid Department of Transportation State Transportation Building St. Paul, MN 55155 Subject: Right -of -Way Acquisition Status Certificate S.P. 133 - 090 -01 MP STP 1996 (098) Dear Sir: • I hereby certify that the existing Right -of -Way is adequate to accomodate construction of • the Luce Line Trail Improvements from Delaware Street to Arch Street in the County of McLeod and the City of Hutchinson and that no additional Right -of -Way, temporary or permenent is required for S.P. 133 - 090 -01/MP STP 1996(098) City Engineer: John P. Rodeberg, P.E. Date I hereby certify that the Right -of -Way is presently clear of encroachments, and that I will not allow future encroachments to occur. Mayor: Marlin Torgerson Date • �r • C DATE: April 18, 1996 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF LOT SPLIT REQUESTED BY AUGUSTA BUILDING CORP. (CENTURY COURT) • The Planning Commission recommends approval of the request contingent on H.C. D.C. satisfaction concerning the Tax Increment Financing. n L-A City Center 1 I I Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Far(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587-2975 Fax (612) 234 -4240 // f - Priwed on rec)tIedprier - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)587 -6427 W Z Z LLJ �1 _ °p yL_ X eo r CLEVELAND — A VENU E _ R _ N N1M2r E 'R 9.1 R — -- - - - - - r - - -- — I I R - 334 ar i i Ip I _ L -�aa� I; 102,742 sq.ft. It 111y� a OE9CRPOp1 I x [ FFiirt .= I� LOT ONE BACK ONE OF CMIM •-1 W I UI1T E7QPT W SOUTH 41100 ; I N O9'IT00' E S I ; SMOG I � I i F' vna crort I I ;; Immo w t 1s i I Q CJ I I 11j w:mJ' I BLOCK I Q LOT 1 g rn 1 8 I e I o I : i THE SOUTH 41100 OE9C�nONN ; 1 235,394 sq. a ig $ t) y� ~ FEET OF LOT ONE ( LJ j BOCK ONE. CDnUR7 COURT. F7 W J Z II I D I ! § I A I I N I rx I I I III 7 9[ J>♦ I I Iloc In uw I I CENTURY AVENUE N !l '. E 570.00 S 8 _ _ S r A I i llll\ VllvVlrvv I VITivli JA C-k, I"1V L, V A nnI TI nA1 4 / I IVIY SCALE , NCH . 100 FEET • W40TES 9M PPE FOUND AU C l K I MAY 1 0 1996 Pastor Jim and Sheree Hall May 10, 1996 To: The Hutchinson City Council From: Pastor Jim Hall Word of Life Outreach Center, Inc. Dear Council: (Ii—_ I I - _ _' The following request from Word of Life, Kevin Compton and Dennis Kahl is in relation to the City Council meeting of April 23, 1996. The question of shifting assessments of two properties was discussed and deferred to the May 14, 1996 Council meeting. The properties discussed were the Paden Subdivision of 8.77 acres and the Hunters Ridge 5.02 acre and 13.5 acre plots. As per Word of Life's previous request, our desire is to begin the construction of our new facility as quickly as possible. Thank you for taking time to review the following information. If you would have questions, please feel free to call me at 587 -9443 or home 587 -7665. Sincerely, -- Rt4 4--ele Pastor Hall JH:ks Enclosures P.O. Box 595 0 Hutchinson, MN 55350 • (612) 587 -9443 • Fax (612) 587 -2366 0 TO: THE HUTCHINSON CITY COUNCIL FROM: WORD OF LIFE OUTREACH CENTER AND DENNIS KAHL AND KEVIN COMPTON Word of Life Outreach Center and Dennis Kahl and Kevin Compton would jointly request the following action by the Hutchinson City Council. The purpose of this request is to allow Word of Life to begin construction of a church and to finance that construction through MMR Investment Bankers. This request deals with two pieces of property. The first piece of property is the property at South Grade Road and School Road. This is where Word of Life intends to build its church. The property at that sight involves two parcels of property: Parcel A consisting of 5.1 acres owned by Word of Life and Parcel B consisting of 13.5 acres owned by Dennis Kahl and Kevin Compton. To secure the bonds which will finance the construction of the church, MMR requires a first mortgage on the property owned by Word of Life. • Presently there are assessments which are liens against Parcel A. To allow MMR to have a first mortgage on that property, both Dennis Kahl and Kevin Compton and Word of Life request that all the assessments on Parcel A be transferred to Parcel B. It is understood that those assessments which are presently on deferred status and levied status against Parcel A will then become active assessments. Word of Life will pay those assessments transferred to Parcel B as they become due. The second piece of property involves 8.777 acres of land in Padens Addition owned by Word of Life and subject to assessments. Word of Life would like the property to be split into two pieces. The assessments against the 8.777 acres would then be transferred entirely to one of the two pieces. In consideration for allowing the assessments at the South Grade Road and School Road property to be transferred from Parcel A to Parcel B, Word of Life shall give to Dennis Kahl and Kevin Compton a mortgage on the portion of Padens Addition property containing the assessments. This mortgage shall be subordinate to the assessments on that piece of property. That mortgage shall decrease as the assessments transferred from Parcel A to Parcel B are paid off. In the event that the portion of Padens Addition property on • which Dennis Kahl and Kevin Compton have a mortgage is sold, Word of Life shall be required to pay no more than one half of the assessments transferred from Parcel A to Parcel B which are owed. Once this is paid to Dennis Kahl and Kevin Compton, Dennis Kahl and Kevin Compton agree to release said mortgage. p n The Hutchinson City Council Page 2 • The portion of Padens Addition property owned by Word of Life which has no assessments against it and no mortgage against it will be used as additional security in favor of MMR, the bonding company financing the construction of the Word of Life church. Both Dennis Kahl and Kevin Compton and Word of Life ask that the Hutchinson City Council approve the transfer of assessments as requested. 5 - - 2� N. Hall, Pastor of Life Outreach Center Dennis Kahl • Kevin mpton 1996 Taxes for the Following Properties 1) Wal -Mart $153,214 2) Shopko 105,164 3) Kmart 127 4) Champion Auto %548 5) Cash Wise 107,000 6) Festival Foods 60,236 0 0 Lot Comparisons 1) Hunters Ridge Development Lot size approximately 2.2 lots per acre 28 lots in 13 acre site Lots selling for $29,000 - $35,000 each Assessments against each lot approximately $13,000 2) Lakewood Drive Development • Lots selling for $26,000 - $30,000 each Assessments against each lot approximately $12,800 • SKETCH AND DESCRIPTION FOR WORD OF LIFE OUTREACH CENTER DESCRIPTION PARCEL A Thal part of Lot I. Blnek 3, PAOEN FIR51 ADDITION dcealbed as follow+: Commando, al the nonheam comer of veld Lot I; thence southerly, along iha oast line of xald Lot 1 a distance of 173.19 feet: thence we par sterly, allel with th or e nth Ilne of sold Let I a distance of 230.W foal to the "In, of beginning of the loud to be descri : be thence sell , thwitmorly, deflecting to the left 55 degrees 05 mtneNs W seconds 389.26 }eel: thence we slarly, parallel wlth the north line or sold Lot 1 to a point on the es1 11. of Bald Lot 1 n distance of 5111W feat southerly of lite northto +t corner of sold Lot II thence ner-herly, along sold west Ilse to the northwest corner of sold Lot 1: Retire easterly, along rho north line of Bald Lot I to a palm 230.W foot westerly of Rho northeast corner of sold Lot I; thence southerly, parallel with the oast Ilan of sold Lot I n dlnorre of I7.5.15 feet to the point of beginning. DESCRIP WN PARCEL B That purl of Lot I, Block 3. MEN FIRST AWIIIDIt doser4ad a+ fair. CemmeMing al the terlhamt corner of sold Lot I; theme +onharly, Glari the cast Ihto Of told LOT I a dlsntnro Of I T3.15 feel to the Plnt of buglmdng of the load a be descrAad: thence en s,arly, parallel still the north IIn0 of sold Le 1 o distance of 230.00 fee,: Ricrac. adethwes mrly, dell-01 sag t. The leis 55 degr.os t minuses W node 399.26 feet thence westerly, prraRal with the narlh Ilea of said Let I a a pent on the west line of sold Lot I a dlay.nce of 510.Da fee n.elherl, of Iho northwest comer of sold Lot 1; fleece southerly. along sale wall IIna in the soulhwesl toner of said Lot I; Ihece, .asterly, along she soulll fin, of sold Lot 1 to the sowlianel earner of sold Lot I: Ihance iertherly, along Iho 0011 line or Bahl L.1 t to tho point of haahtning SWlect ,o a 25.W foal wick oa+mnont for M1lvewdy ptepwos Onn+s Part or sold Lot I. The cemarli a of sale casement Is Msalbed a+ faHOwe: Commmdng at the sO.Rawoll corn.. of said Let I; Ihenco norlLaly, slang he all IIna of sold Lot I a distance of 101.00 feel to the haglnning of said conlerllre; thanca easterly, deflecting to the right 90 degrees II mktutes 59 sceonds 547.73 fool; theme southeasterly 130.64 feat to o point on in. east Ilea of sald Lot I a distance of 41.W feat norlharly from the southeast corner of sold Iat I and said centerline Thera Iarminatlog. C[ - NTUKY N89 45'W 438. 12 AVLNUL Cr Z N i 0 50 100 200 scale In foal 230.00 nl I t NB9 42'45'W 230.00 - ay W PARCEL A 4.3885 Acres F- in h � m Z 0 Co PARCEL B p 4.3885 Acres m O 8 m y 4 4 0 N89' 34' 07' W 667.62 � 1, .h N89 42' 45'W 246.79 eJ 25 11. prlwwar .....at O n In \ 9 \ \ I" \� z .lo rt, dr. me...aa utllnr ear .2.nl N89' 34' 07' W 667.62 � 1, • Publication No. 4901 PUBLISHED IN THE HUTCHINSON LEADER Thursday, March 7, 1996 Notice of Public Hearing The City of Hutchinson is in receipt of an application for a conditional use permit submitted by Word of Life Outreach Center to construct a church and school to be located in the R -2 D_ istrict (Multiple Family Residence District) on School Road South and South Grade Road. The following is the legal description of the property unto which the church building will be placed and a map which identifies the location of the property: Legal Description: Part of the Southeast Quarter of the Southeast Quarter of Section 2, Township 116, Range 30, McLeod County, Minnesota, described as follows: Beginning at the southeast corner of said Section 2; thence on an assumed bearing of North 89 degrees 28 minutes 26 seconds West along the South line of said Southeast Quarter 490.00 feet; thence North 00 degrees 06 minutes 45 seconds East 446.00 feet; thence South 89 degrees 28 minutes 26 seconds East 490.00 feet to the East line of said Southeast Quarter; thence South 00 degrees 06 minutes 45 seconds West along said East line 446.00 feet to the pomt of beginning. This tract contains 5.02 acres of land and is subject to any and all easements of record. • Please be advised that the Hutchinson Planning Commission will be considering the Conditional Use Permit at a public hearing to be held at 5:30 p.m. on Tuesday, March 19,1 96. The hearing will take place in the Council Chambers, City Center, located at 111 Hassan Street S.E., Hutchinson, Minnesota. At the hearing, you may appear before the Planning Commission if you desire, either in person or by agent or attorney, in opposition to or support of the proposed request. If you would desire to appeal the recommendation of the Planning Commission, you can take your request to the City Council, which has the power to overrule the decision of the Planning Commission. 0 f M-nn PROPOSED DESCRIPTION Part of the Southeast Quarter of the Southeast Quarter of Section 2, Township 116, Range 30, McLeod County, Minnesota, described as follows: Beginning at the southeast corner of said Section 2; thence on an assumed bearing of North 89 degrees 28 minutes 26 seconds West along the South line of said Southeast Quarter 490.00 feet; thence North 00 degrees 06 minutes 45 seconds East 446.00 feet; thence South 89 degrees 28 minutes 26 seconds East 490.00 feet to the East line of said Southeast Quarter; thence South 00 degrees 06 minutes 45 seconds West along said East line 446.00 feet to the point of beginning. This tract contains 5.02 acres of land and is subject to any and all easements of record. I hereby certify that INa survey, pion or repot w" PmPUed by nN Or under my *red wrpervbbn and this I am a dray Rapltgered Lund Surveyor under the laws of th Sur of Mlmesots. 006 02-26-96 Reytetrstbn No. 51 415 D OF LIFE CHURCH SITE SURVEY :t of SE } -SE }. Sec. 2- 116 -30 in Township, McLeod Co., Minn Scale: .1 inch - 100 feet =I- Denotes iron non. inplace -0- Denotes iron son. set ,V N G I Sd9'2q'2S'E y90.90' Q ' a o v h PRoPDSEO 0 BUILDING g = p O w N � 3 r v r s rSO.00' LU SITE o 5,O2 A_, c 4 , o b a . v Sr CUR. OF SEC, -2, L N$9' 28'26 "W y9 T 114 N R 30 W, S. LILAC OP * 0.00' SE VV 4 g SOUr GRADE ROAD Mom, INP. PROPOSED DESCRIPTION Part of the Southeast Quarter of the Southeast Quarter of Section 2, Township 116, Range 30, McLeod County, Minnesota, described as follows: Beginning at the southeast corner of said Section 2; thence on an assumed bearing of North 89 degrees 28 minutes 26 seconds West along the South line of said Southeast Quarter 490.00 feet; thence North 00 degrees 06 minutes 45 seconds East 446.00 feet; thence South 89 degrees 28 minutes 26 seconds East 490.00 feet to the East line of said Southeast Quarter; thence South 00 degrees 06 minutes 45 seconds West along said East line 446.00 feet to the point of beginning. This tract contains 5.02 acres of land and is subject to any and all easements of record. I hereby certify that INa survey, pion or repot w" PmPUed by nN Or under my *red wrpervbbn and this I am a dray Rapltgered Lund Surveyor under the laws of th Sur of Mlmesots. 006 02-26-96 Reytetrstbn No. 51 415 D OF LIFE CHURCH SITE SURVEY :t of SE } -SE }. Sec. 2- 116 -30 in Township, McLeod Co., Minn Scale: .1 inch - 100 feet =I- Denotes iron non. inplace -0- Denotes iron son. set A DATEJTI E RECEIVED: CONTACT PHONE 587 -4242 FAX NUMBER: ORDERED BY: DAVID BROLL CONTACT ADDRESS: 218 MAIN ST S PROPERTY ADDRESS: 1435 SOVPH GRADE ROAD LEGAL DESCRIPTION OF PROPERTY: W 1/2 SE 1/4 SE 1/4 EX 11700' OF II373.37' 6 V 1/2 E 1/2 SE 1/4 SE 1/4 E% 160' X 534' b EX HUNTERS RIDGE, SECTION 2- 116 -30 15.39 ACRES CITY PID NO: 02- 116 -30 -16 -0020 1 MCLEOD COUNTY PID NO. 23. 002.1000 0 OWNER'S NAME DOUGLAS NEIHE 6 WALLACE JACOBSON � CPF .IAT- ASS cCMENTS I have caused ex aminati on of the words in the Office of the Duector of Engineering as to Special Assessments against the above - described real estate, and to the best of my knowledge and belief, assessments in the amount of S 7220.66 are charged, and as yet unpaid against the real estate. In addition, the amount certified to the County Auditor for collection in 1996 is approxima $--1524 - 50 . (See attached printout.) DEfT.RRM ASSESSMENTS There 7D:?: /1MM deferred assessments ' the above - described real estate, totaling f 34.152.94 in principal and interest through 12 -31 -1995 (see attached worksheet). IF NOT PAID BY THIS DATE, YOU MUST CONTACT THIS OFFICE AT IMAST Ia HOURS PRIOR TO CLOSING TO HAVE INTEREST RECALCULATED. PENDING ASSESSMENTS x NO YES - See Comments Section for Additional Information: (Proiect is considered pending only if it has bees initiated by Council Resolution): E NO YES UNKNOWN NOTE: T e Su dt Agreement may contain restrictions on the use othe property or may contain procedures for assessing the cost of improvements against the property or may otherwise affect your use and enjoyment of the property. If the Subdivision Agreement is not on record against the property at the County, a copy can be secured from the City at a nominal cost. I TNPAID BILLS— WaterBill ............................. ............................... % No Yes Amount f Tree Removal. ..................... ............................... x No Yes Amount f Weed Cutting ...................... ............................... x No Yes Amount $ Other ........................ No —�� Ye Amount f • 71r1;ry , I ;nae a. r .~nt ur�irs c w e meuted as a0 as 'a Ilnal readin is rtau the vrovert7 owner. i SEE ATTACHED Neither the City of Hutchinson nor its employees guarantee the the indicated information in the form set forth above, any claim search is hereby expressly waived. Also, be advised that the rao assessment that might be of word DATED: 12 -13 -1995 for ,i PROPERTY DATA SYSTEM TAXPAYER INQUIRY PROPERTY ID 02 116 -30 -16 -0020 HOUSE* FRACTION STREET NAME UNIT ZIP+ 1435 1/ SOUTH GRADE RD + Ownerlt WEIHE DOUGLAS R Owner3: Owner2: JACOBSON WALLACE E Owner4: Zoning: Prim/see; Yr.blt: 0000 Area: Sch.Dsts 423 Wshd: 00 Gr /Os /Ex: Subrecs: :CURB 319 s :NEXT t Ai1;11;;1; Pt.Cons Mt.Adrs 4 Fronts Backs Rights Left: s Acres: s 00 Width: Depth: 1111111111 , 11111111111111111111111111, 11111111 ,/11111111111,1111111111 t Mkt -Land Mkt -Bldg Mkt -Mach Mkt -Tot Tx Capacity Hd PT %Own 1990: : 1989: _ Legal Description: __= NO LOT AND BLOCK GIVEN =__ : : W1 12 SE1 /4 SE1 /4 EX N 700 OF W 373.37 8 WI /2 E1 /2 SE1 /4 SE1 /4 EX 160 X 534 b EX HUNTERS RIDGE s SECTION 2- 116 -30 15.39 ACRES s Type PID or ADDRESS: press ENTER; or F1, F2, F8 SPECIAL ASSESSMENT SEARCH SUMMARY AS OF: 12/12/1995 PROPERTY IDt 02- 116 -30 -16 -0020 S /AM ASSESSMENT DESCRIPT. YEAR TM RATE TOTAL ANN.PRIN. PAYOFF CD SA -221 WATERMAIN -APPUR 1986 10 6.2000 2038.79 203.88 2038.79 OF SA -230 SAN /STORMSEW -LIFT ST 1987 10 6.6300 20010.30 2001.03 20010.30 DF SA -249 WATERMAIN S APPURT. 1989 10 6.3100 1386.84 138.68 416.08 SA -285 SAN.SEWER /CURB&SURF 1993 10 4.8700 9720.85 972.09 6804.58 SA230B SS,STS,LS 1994 10 6.6300 0.00 0.00 0.00 - - - - -- SUMMARY OF LEVIED 11107.69 1110.77 7220.66 * * * * ** 1996 P&I CERTIFIED 1524.50 - - - - -- SUMMARY OF DEFERRED 22049.09 0.00 22049.09 , - - - - -- SUMMARY OF CLOSED 0.00 - - - - -- FUTURE ESTIMATE 0.00 - - - - -- PENDING ESTIMATE 0.00 DPdifi;ffATIERI ;ad'1F1i;F4jj;FSj ;F? OR §RTY DATA SYSTEM i ;1111 ;; ;11111 ; ;i ;3 ; ;i ;1111 ;W SPECIAL ASSESSMENT COMMENTS INQUIRY tCURR 332 : PROPERTY ID :NEXT 02- 116 -30 -16 -0020 C O M M E N T S s : : : t ; ; ; ;;; ; ;ii ; ; ;; ; ;;; ;; ; ;;; ;;;; ; ;;iii; ; ; ; ; ;; ; ; ;i ;; ;ii ; ; ; ;; ;; iii ;;i ; ; ;; ; ; ; ; ;; ; ;;; J n U • i Y -6, PRINCIPAL & INTEREST STATEMENT ON DEFERRED ASSESSMENT \ \1 CITY OF HUTCHINSON, 111 HASSAN STREET 5E, HUTCHINSON, MN 55350 (612) 587.5151 PROPERTY ID NUMBER: 02- 116 - 3016-0020 PROPERTY ADDRESS: 1435 SOUTH GRADE ROAD SW PROPERTY DESCRIPTION: W 1/2 SE 1/4 SE 1/4 EX N700' OF W373-37'& W 1/2 E 112 SE 1/4 SE 1/4 EX 160'X 534'& EX HUNTERS RIDGE, SECTION 1. 116-30 15.39 ACRES TOTAL PRINCIPAL AND INTEREST ON DEFERRED ASSESSMENTS COMPUTED THRU: 1231.1995 DATE COMPUTED: 12 -13 -1995 ASSESS- MENT ROLL YEAR DEFERRED PRINCIPAL INTERESl RATE TERM OF YEA ANNUAL INTEREST COST FIRST YEAR INTEREST NUMBER OF MONTHS FIRST YEAR'S INTEREST ADDITIONAL YEARS TO TERM ADDITIONAL TERM INTEREST NUMBER OF YEARS AT 5% INTEREST TOTAL INTEREST AT 5% TOTAL PRINCIPAL & INTEREST ENGWEEAl NGNEf/5 RECORD CO ST INDEX AMOUNT DUE SA-221 M96 $2,038.79 6 .10% 10 $126.40 14 $147.47 8 51,011.14 0 $0.00 $3,197.50 0,000 $0.00 $3117.30 SA -230 1987 $20,01030 6.63% 10 $1,326.66 IS 51,658.35 7 $9,286.78 0 $0.00 $30,955.43 0.000 $0.00 $309$5.43 TOTALS $22,049.09 $1453.09 $1,805.83 $10,2 98.01 $0.0 $34152.94 50.00 534,152.14 PROP ERTY ADDRESS: 1405 SOUTH GRADE LEGAL DESCRIPTION OF PROPERTY: 440' OF 5446' OF SF. 1/4 SR 1/4 SECTION 2-11 3.38 ACRES CITY PID NO: 02- 116 -30-16 -0010 1 MCLEOD COUNTY PID NO. 23. 002.1150 OWNER'S NAME- DOUGLAS WEIHE b WALLACE JACOBSON SPECIAT_ ACS cSN1ENTS I have caused exam+nxt on of the records in the Office of the Director of Engineering as to Special Assessments against the above - described real estate, and to the best of my knowledge and belief, assessments in the amount of $ 12.992.78 are charged, and as yet unpud aguinst the real estate. In addition, the amount certified to the County Auditor for collection in 1996 is approximately S 2.764 -17 ('See attached printout.) Adlk D RRF_ ACC 5SNflRM 'There its! / mxm deferred assessments a =ithe above - described real estate, totaling $ 61.454.36 in principal and interest through 12 -31 -1995 (see attached worksheet). IF NOT PAID BY THIS DATE, YOU MUST CONTACT THIS OFFICE AT LUST 48 HOURS PRIOR TO CLOSING TO HAVE INTEREST RECALCULATED. FENDIN : ASC SSNOENTS z NO YES - See Co cen Section for Additional Information. (Project is considered pending only if it h as been initiated by Council Resolution): Neither the City of Hutchinson nor its employees guarantee the the indicated information in the form set forth above. any claim search is hereby expressly waived Also, be advised that the recd 9"essm that might be of record or for any DATED: 12 -13 -1995 kpt" PROPERTY DATA SYSTEM - - - - -- SUMMARY OF LEVIED 19987.11 1998.71 12992.78 * * * * ** 1996 PdI CERTIFIED 2743.17 - - - - -- SUMMARY OF DEFERRED 39674.85 0.00 39674.85 - - - - -- SUMMARY OF CLOSED 0.00 - - - - -- FUTURE ESTIMATE 0.00 - - - - -- PENDING ESTIMATE 0.00 Press ENTER; or Fl, F4, F5, F7, FS PROPERTY DATA SYSTEM SPECIAL ASSESSMENT COMMENTS INQUIRY :CURR 332 : PROPERTY ID sNEXT 02- 116 -30 -16 -0010 Ai ;111i1ii s : C M M E N T S : . s : i s : TAXPAYER INQUIRY sCURR 319 s s PROPERTY ID sNEXT s 02- 116 -30 -16 -0010 A ;i11;1i ; ; • Pt.Con: Mt.Adr: s HOUSE# FRACTION STREET NAME UNIT ZIP +4 Front: Backs s 1405 l/ SOUTH GRADE RD + Rights Lefts s Ownerl: WEIHE DOUGLAS R Owner3: s s Owner2: JACOBSON WALLACE E Owner4: s : Zoning: Prim /sec: Yr.blts 0000 Area: Across s : Sch.Dsts 423 Wshd: 00 Gr /Os /Exs Subrecss 00 Widths Depths s Mkt -Land Mkt -Bldg Mkt -Mach Mkt -Tot Tx Capacity Hd PT %Own s 1990: s 1989: s s Legal Description: __= NO LOT AND BLOCK GIVEN - s E330 OF 5446' OF SE 1/4 SE 1/4 s SEC 2- 116 -30 3.38 ACRES s Type PID or ADDRESS: press ENTER; or Fl, F2 F8 SPECIAL ASSESSMENT SEARCH SUMMARY AS OF: 12/12/1995 PROPERTY IDs 02- 116 -30 -16 -0010 /Aii ASSESSMENT DESCRIPT. YEAR TM RATE TOTAL ANN.PRIN. PAYOFF CD • S SA -221 WATERMAIN-RPPUR 1986 10 6.2000 3668.63 366.86 3668.63 OF SA -230 SAN /STORMSEW -LIFT ST 1987 10 6.6300 36006.22 3600.62 36006.22 OF SA -249 WATERMAIN b APPURT.. 1989 10 6.3100 2495.52 249.55 748.67 SA -285 SAN.SEWER /CURBESURF 1993 10 4.8700 17491.59 1749.16 12244.11 SA2308 SS,STS,LS 1994 10 6.6300 0.00 0.00 0.00 - - - - -- SUMMARY OF LEVIED 19987.11 1998.71 12992.78 * * * * ** 1996 PdI CERTIFIED 2743.17 - - - - -- SUMMARY OF DEFERRED 39674.85 0.00 39674.85 - - - - -- SUMMARY OF CLOSED 0.00 - - - - -- FUTURE ESTIMATE 0.00 - - - - -- PENDING ESTIMATE 0.00 Press ENTER; or Fl, F4, F5, F7, FS PROPERTY DATA SYSTEM SPECIAL ASSESSMENT COMMENTS INQUIRY :CURR 332 : PROPERTY ID sNEXT 02- 116 -30 -16 -0010 Ai ;111i1ii s : C M M E N T S : . s : i s : PRINCIPAL & INTEREST STATEMENT ON DEFERRED ASSESSMENT CITY OF HUTCHINSON, 111 HASSAN STREET SE, HUTCHINSON, MN 55350 (612) 587.5151 PROPERTY ID NUMBER 02- 116.30.16 -0010 PROPERTY ADDRESS: 1405 SOUTH GRADE ROAD SW PROPERTY DESCRIPTION: E330' OF 5446' OF SE 1/4 SE 1/4 SECTIOIN 2. 116-30 3.38 ACRES TOTAL PRBJCIPAL AND INTEREST ON D EFERRED ASSESSMENTS COMPUTED THRU: 1231.1995 DATE COMPUTER 12 -13 -1995 ASSESS MINT ROLL YEAR DEFERRED PRINCIPAL RATE TERM PoF YEA ANNUAL COST FIRST YEAR INTEREST BER OF MONTHS FIRST YEAR'S INTEREST ADDITIONAL YEARS TO TERM ADDITIONAL TERM INTEREST NUMBER OF YEARS AT 5% INTEREST TOTAL INTEREST AT5% TOTAL PRINCIPAL &INTEREST ENGRNEERI NG NEWS RECORD CO SE INDEX AMOUNT DUE SA -221 1"6 $3668.63 6020% 10 $227.46 14 $265.36 8 $1,819.64 0 50.00 $5,75].63 0.000 $0.00 $5,753.63 SA -230 1987 $3600612 6.63% 10 $2,,767.21 15 52,984.02 _ 7 $16,710,49 0 $0.00 555,700.72 0.000 $0.00 555,700.72 TOTALS $39,674.85 $2,614.67 $3,24938 $18,530.13 $0.00 $61,454.36 $0.00 $61,45436 J.JV 111 HA: ASSESS f low. TCHINSON 4-4209 t LEGAL DESCRIPTION OF PROPERTY: LOT 1 E% X173.15' OF E230% BLOCK 3. PADEN'S 1ST ADDITION 11 CITY PID NO: 12- 116 -30 -08 -0100 1 MCLEOD COUNTY PID NO. 23. 316.0090 11 OWNER'S NAME: SWORD OF LIFE MINISTRIES OWNER'S MAILING ADDRESS: P 0 BOX 595, HUTCHINSON MN 55350 ASSESSMEN 1INFORMATION SPECIAL. ASSESSMENTS I have caused examination of the records in the Office of the Director of Engineering-as to Special Assessments against the above-described real estate, and to the best of my knowledge and belief, assessments in the amount of S 30.265.29 are charged, and as yet unpaid a the real estate. In addition, the amount certified to the County Auditor for collection in 1996 is approximately $ • ( a ttached printout) D FFRRED SS CS ENTS There ]NV are no deferred assessments against the above-described real estate, totaling S -- in principal and interest through (see attached worksheet). IF NOT PAID BY THIS DATE, YOU MUST CONTACT THIS OFFICE AT LEAST Ia HOURS PRIOR TO CLOSING TO HAVE PnmKESTP.ECALCULATED. PENDING ASS 4SMFNTS x NO YES - See Convents Section for Additional Information. (Project is considered pending only if it has been initiated by Council Resolution): MIS C F. 7 .T AtvF SUBDMSION A + FF_MFNT NO YES UNKNOWN NOTE: The Subdivision Agreement may contain restrictions on the use o e property or may contain procedures for assessing the cost of improvements against the property or may otherwise affect your use and enjoyment of the property. If the Subdivision Agreement is not on record against the property at the County, a copy can be secured from the City at a nominal cost. UNPAID BILLS: Water Bill ............................. ............................... % No Yes Amount f Tree Removal ...................... ............................... No Yes Amount S Weed Cutt ing ....................... .............................. No Yes Amount S Other ........................ % No Yes Amount $ • T 1,:1 :w :Il:..e. o...l r..ere..s ,ery :tee Aherne, a.:Il M emmnni -M as snnn as a final readine is requested by the nro nerty owner. "' "' When makinst payment on assessments to the SEE ATTACHED COMPUTER PRINTOUT FOR ASS DISC] Neither the City of Hutchinson nor its employees guarantee the the indicated information m the form set forth above, any claim search is hereby expressly waived. Also, be advised that the reco assessment that might be of record. DATED: 0423 -1996 include a copy of the assessment search. ' "" , AIMF� tccurary a above information. In consideration for supplying ga�nst e Cl or Its employ arising from this assessment ds of th Co Audi is Vice should be checked for any QIIIIIIII SII{Iiiiliilillliill PROPERTY DATA SYSTEM IIIIIi111111111m 3 111111111W i TAXPAYER INQUIRY iCURR 319 I t PROPERTY ID sNEXT i • 1 12 -116 -30-08 -0100 A{Iiiliili2 t Pt.Cone Mt.Adrt I s HOUSED - FRACTION STREET NAME UNIT ZIP+4 Fronts Backe 1 s 1230 1/ BOSTON ST - 33350+ Rights Lefts I f Ownerlt WORD OF LIFE MIN ISTRIES IN C Owner3t 1 Owner2l Owner4i s 1 I Zonings Prim /secs Yr.bltt 0000 Areas Across t - s Sch.Dsts Wshdi 80 Or/Os/Ex: Subrecss 00 Widths Depths I I Mkt -Land Nkt -Bldg Mkt -Mach Mkt -Tat T■ Capacity Hd PT %Own i t 19901 s 1989: 1 t t s i I Legal Descriptions LOT BLACK 3 s 1 i LOT 1 E% W 373.15' OF i s s E 230' -PRDEN FIRST ADD 1 1 1 i Alililli{Ii111i11S1{i 111111111S1ii 111111 111111111 {I SIIISII {111111111 t 111111 {iiliS Type PID or ADDRESSi P §PE1Ik VAR& Sl1MMRRY AS OF1 04/22/1996 PROPERTY IDt 12- 116 -30-08 -0100 SEE COMMENTS S /A0 ASSESS DESCRIPT. YEAR TM RATE TOTAL ANN.PRIN. PAYOFF CD SA-139 CURB -WTTER -BASE 1983 10 9.1000 7408.74 0.00 0.00 CL SA-160 CURS- GUTTER -BASE 1983 16 9.1000 14856.24 0.80 0.80 CL SA-279 BIT.BASE /WEAR COURSE 1991 10 6.1800 9998.48 999.85 4999.23 SA103W CURB- GUTTER - SURFACE 1992 84 7.8000 1094.78 273.70 547.38 SAl26W WATERMAIN i APPUR 1992 84 7.0000 2313.50 578.38 1156.74 SAl27W WATERMAIN 8 APPUR 1992 04 7.0000 4140.82 1035.21 2670.40 SAl28W WATERMAIN 6 APPUR 1992 04 7.0000 2174.82 543.71 1087.40 • BA131W SRN SEWER 6 APPUR 1992 04 7.0088 2687.92 671.98 1343.96 SA132W SAN SEWER d APPUR 1992 04 7.0000 2262.07 565.52 1131.03 SA135W STORM SEWER i APPUR 1992 04 7.0080 7879.38 1969.85 3939.68 SA138W GRADING i RPPUR 1992 04 7.0000 2786.15 696.54 1393.07 SA142W GRAVEL BASE i APPUR 1992 04 7.8000 1692.87 423.22 846.43 SA143W GRAVEL BASE 8 APPUR 1992 04 7.0000 493.53 123.39 246.77 SA159W CURB GUTTER BASE 1992 04 7.8000 4860.32 1213.08 2430.16 SA16OW CURB GUTTER BASE 1992 04 7.0000 9746.08 2436.52 4873.04 SA278A STORM- SANSEWER- WATER 1993 10 5.2500 6808.00 600.00 4200.00 F31 %7�jSSMEK /22/19 SUMMARY Press ENTER{ or F1, F DFi PROPERTY IDs 12 116 -30-08 -0180 SEE ANTS ' S /A0 ASSESSMENT DESCRIPT. YEAR TM RATE TOTAL ANN.PRIN. PAYOFF CD - - - -- SUMMARY OF LEVIED 58136.74 12132.95 30265.29 HHN 1996 Pbt CERTIFIED 14967.65 - ---- -- SUMMARY OF DEFERRED 0,00 - - - -- SLAMMARY OF CLOSED 22264,98 ---- FUTURE ESTIMATE 0.00 --- -- PENDING ESTIMATE 0.08 Qi{SiiiSllllii {Illillil ll1411 PROPERTY DATA SYSTEM Iillliil{Siii{Sii{ m w i SPECIAL ASSESSMENT COMMENTS INQUIRY sCURR 332 s i PROPERTY ID sNEXT I s 12- 116 -308 -0100 A11{S {iii {2 t s C O M M E N T S i 1 • AGREEMENT SIGNED 05-26 -1992 AGREED TO SCHEDULE, • DELINQUENT PROPERTY SOLD PRIOR TO TAX AUCTION. i s AGREEMENT RECORDED AT COUNTY 0245893 6 -16 -1992 t 1 BOOK 124 MISC, PAGES 701 -703 1 1 i SA-278 APPEAL i AGREEMENT REACHED ON MAY 11, 1993 1 REDLICING THE ASSESSMENT FROM 114977.12 TO $6800.00 t 1 s t I 1 i 1 � 1 ��tf i �\t� i �i iFl�{i{ 11111{ Iiiliililli1111Iliililli11i111iililiillli111i1S11S , .A_iL, tS'.: ADDITION, excepLing therefrom the following described LraCL: Beginning at the northeast corner of said Lot 1; thence southerly, along the east line of said Lot 1, a distance of 173.15 feet; thence westerly, parallel with the north line of said Lot 1, a distance of 230.00 feet; thence northerly, parallel with said east line, to a point on said north line; thence easterly, along said north line, to the point of beginning. _ I 1 , N89 0 42'45"w CENTURY AVENUE � 438.12 __ 0 00 _ W 23. 0 n N89 I W 230.00 ►- 1 — — — — w, to ATLANTA AVENUE N 00 ► -- W o I AREA r 382341 SO. FT mo z I •8.777 ACRES o;o 6LrsCK 2 n. Q - - -i of o Y .JO ft. drainage and utility easement m BALTIMORE AVENUE I - - - - -- 667.62 - - - -- — . - - - -- I N69 34•orw 0 too 200 o I CERTIFICATE OF SURVEY for WORD OF LIFE S CALE IN F EET 1 hereby certify that this survey was prepared by roe or under my dlrat:t sparvlslon and that 1 M a duly Reglsterod Land Surveyor under the laws 01 the State of Minnesota. It i sl _. T n trbs _ Willard PoIIlnen, Registration No. %26. Date JUNE 28. 1991. PELLINEN LAID SURVEYING Hutchinson, Minnesota. Book P IIS Page 8 Job No. 91136 • i i DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND DAVID A. SRUEGGEMANN PAUL D. DOVE' JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS, III ATTORNEYS AT LAW Also AOM27TED IM 1E.5 AND N IORF 101 PARK PLACE HUTCHINSON, MINNESOTA S5350-2563 (320) 587-7 57 5 FAX (3201 587-4096 RESIDENT ATTORNEY G.BARRYANOERSON May 10, 1996 J �J • Mr. Gary Plotz Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 RE: Word of Life Matter Our File No. 3188 -96317 ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP Dear Gary: 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 `'' 1 G ;995 This correspondence should not be viewed as recommendation either for or against the proposal by Word of Life Outreach Center, Inc. regarding assessments. Although I haven't seen the proposal yet, I understand that it is going to be made a part of the Council packet and I believe I understand generally what the proposal will look like. As it has been explained to me, the proposal involves assumption of liability for all of the assessments on the Compton parcel by Compton, including the assessments attributable to what we have been referring to as Parcel A, and the division of the Paden's property into equal halves with the back portion of that property, considered the more desirable of the two portions, to be subject to the present lien for assessments held by the City as well as a mortgage given to Compton to protect Compton in the event of a default by Word of Life on its assessment obligation on Parcel A (which is the South Grade Road property upon which Word of Life proposes to build). I understand the remaining parcel will be approximately thirteen acres. The total amount of additional assessments to be shifted totals approximately $90,000.00. F 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 Gary Plotz May 10, 1996 page 2 Assuming three buildable lots per acre on the remaining parcel, the total density capacity of the remaining thirteen acres is approximately thirty -nine lots. Assessments against the total Compton parcel are in the neighborhood of $125,000.00. In an absolute worse case hypothesis, these assessments would total approximately $3200.00 per buildable lot. It should be noted that the additional security of the Paden's Addition property means the real exposure to the City is less. i Lastly, there has been discussion about "moving" assessments which is probably not the appropriate terminology. If the City Council approves this transaction, the agreement between the owners between the Compton parcel, Word of Life and the City of Hutchinson will provide that Compton will guarantee payment of the assessments on the entire Compton parcel in exchange for an agreement on the part of the City to subordinate its lien for assessments to a first mortgage holder and in further consideration of additional security provided by the Paden's property. It is not a true subordination, as that term is usually understood, because the debt obligation will actually become the legal responsibility of another party. I will attempt to put together a form a written agreement to at least look at Tuesday evening if the Council is ready to move forward on this matter. Thank you. Best personal regards. P. L. L. P. • 0 C M E M O R A N D U M May 9, 1996 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration on Revised Cemetery Policies and Price Structure Attached please find a memorandum from Floyd Groehler and Doug Meier regarding changes to Cemetery Policy and Prices. Changes are marked with an asterisk ( *). Changes were discussed with the local funeral home. We recommend approval of the revised policies and price structure. n L-A City Center Parks & Recreation Police Services III Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Fax(612)234 -4240 Fax(612)234 -4240 ` Fax(612)587 -6427 - Primed on recycled paper - • • . t .. t a R We propose to start charging for property in the baby section of the cemetery and designating the monies to the perpetual care fund. Previously the charge for property has been waived. An additional charge for vaulted cremated remains is being proposed to offset actual costs compared to un- vaulted cremains interment. Also, a recommendation of (NQ Funerals arriving after 4:30 p. m.) be added under the current late charge line to address the trend of later and later funerals. We request that these additions become effective June 1st, 1996. 0 A A City Center Ill Hassan Street SE Hutchinson, MN55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN55350 -3097 (612) 587 -2975 Fax(612)234 -4240 -Printed nn rfcw led puper - Police Services 10 Franklin Street SW /1 Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 CURRENT PROPOSED PRICE PRICE Single Grave Lot $250.00 $250.00 Double Grave Lot $500.00 $500.00 *Grave Space in Baby Section -0- $ 5000 Weekday Interment $250.00 $25000 Weekend and Holiday Interment $350,00 $350.00 Winter Weekday Interment $300.00 $300.00 Winter Weekend and Holiday Interment $400.00 $400.00 Weekday Baby Interment $100.00 $100.00 Weekend and Holiday Baby Interment $150.00 $150.00 Winter Weekday Baby Interment $150.00 $150.00 Winter Weekend and Holiday Interment $200.00 $200.00 Weekday Cremation Interment $100.00 $100.00 Weekend and Holiday Cremation Interment $150.00 $150.00 Winter Weekday Cremation Interment $150.00 $150.00 • Winter Weekend and Holiday Cremation Interment $200.00 $200.00 *Vaulted Cremains (additional charge) -0- $100.00 Late Charge (Funerals arriving after 4:00 p.m.) • (ND Funerals arriving after 4:30 p.m.) Disinterment Winter Disinterment Weekend and Holiday Disinterment Holding Vault Fee (Free if Interment at Oakland Cemetery) Stone Setting Permit Cemetery Deed Transfer $ 50.00 $ 50.00 PORTION TO PERPETUAL CAGE $125.00 $250.00 $ 50.00 $400.00 $400.00 Not Allowed-------- - -- Not Allowed--------- -- $ 50.00 $ 50.00 $ 50.00 $ 20.00 $ 20.00 $ 20.00 $ 20.00 $ 20.00 $ 20.00 Holidays: When a Holiday falls on a Sunday, the following day is a Holiday. When it falls on a Saturday, the preceding day is a Holiday. New Years Day Labor Day Memorial Day Martin Luther King Day Columbus Day Independence Day Presidents Day Veterans Day Thanksgiving Day Christmas Day Winter Rates Effective November 16th through April 14th. • 9 --A TRIAX COMMUNICATIONS DD CABLE CORPORATION April 15, 1996 Mr. Marlin Torgerson, Mayor 111 Hassen Street. SE Hutchinson, MN 55350 -2522 Dear Mr. Torgerson: APR 1 9 1996 CITY We are very pleased to inform you that Triax Midwest Associates, L.P. ( "Triax "), DD Cable Holdings, Inc. d/b /a Midwest Cablevision, DD Cable Partners, L.P. d'b /a Northland Cablevision and various subsidiaries of DD Cable Holdings, Inc. (collectively "DD Cable ") have reached an agreement (the "Transaction ") whereby the companies will merge and combine their respective cable television system assets into a restructured Triax Midwest Associates, L.P. ( "Triax "). As a courtesy, we have attached information about Triax and its exciting objectives for the future. Triax and DD Cable are extremely excited about the benefits that this merger will provide to our customers, employees and investors. The merged company will pass a combined 360,916 homes and will serve 241,580 customers. The combination of the companies will create a stronger entity with greater access to funding for system improvements and capital expenditures designed to enhance customer service and choice, improve system reliability and increase system functionality. Importantly, since Triax and DD Cable currently cover similar and often adjacent geographic areas, the combination of the systems will provide Triax the opportunity to maximize service delivery and quality in a more efficient manner to the benefit of our customers. As described more fully in the attached materials, DD Cable will contribute its assets to the merged company and will be issued new limited partnership interests. A nine- person Advisory Committee comprised of Triax, DD Cable and representatives of the new investors will be formed which will be responsible for certain decision - making responsibilities. Also attached please find for your review a Funding Sources schedule for equity and debt funding. As this merger affects the cable television system serving your community, we are seeking your consent to the Transaction and have attached a resolution granting the requested consent for your review. We are requesting your prompt attention to this matter and your consent thereto. We have attached the information required under federal and state law to facilitate your consideration of this request. The closing of this proposed Transaction is expected to occur during August 1996, or sooner if all required regulatory approvals have been obtained. Further, federal law provides that upon receipt of the attached information, the City will be provided a maximum of 120 days from the date of this submission to act upon the request. Consequently, we will be seeking favorable consideration of this request at your earliest convenience. • Should you have any questions or comments, please call Ric Hanson of Triax at 800 - 332 -4954, or Joe Shanks of DD Cable at 612- 895 -1530. 9 -� Mr. Marlin Torgerson April 15, 1996 We look forward to working cooperatively with you to meet the FCC - imposed deadlines, to address your questions during the transfer process, and to insure a smooth transition. Thank you for your assistance and cooperation. Sincerely, Noel R. Bambrough Executive Vice President Triax Communications Corp. __ &Xi : Bruce J. Stewart Vice President 0 C-3 C] 0188528.01 rI L CONSENT RESOLUTION AUTHORIZING THE TRANSFER(S) OF THE CABLE TELEVISION FRANCHISE AND THE ASSIGNMENT OF THE ASSETS AND THE FRANCHISE WHEREAS, the cable television franchise of Hutchinson (the "Franchise ") is registered in DD Cable Holdings, Inc., a Wisconsin corporation ( "Holder of Record "); and WHEREAS, Triax Midwest Associates, L.P. ( "Triax "), DD Cable Holdings, Inc. ( "DD Holdings "), DD Cable Partners, L.P. ( "DD Partners', and various wholly owned subsidiaries of DD Holdings ( "Subsidiary" or "Subsidiaries ") (DD Holdings, DD Partners and the Subsidiaries are hereafter collectively referred to as "DD Cable's and certain new investors have entered into a Contribution Agreement dated April 5, 1996 (the "Contribution Agreement', whereby DD Partners and DD Holdings will contribute substantially all of their assets to Triax in exchange for limited partnership interests in Triax (the "Transaction "); and WHEREAS, as a result of registering the Franchise in the Holder of Record, DD Cable may have inadvertently recorded the Franchise in an affiliated, but different entity from that which holds the assets which are used in providing the cable television service; and WHEREAS, where applicable, the Franchise will be registered in the entity which holds • the assets for the purpose of conforming registration to ownership of the operating assets, which Hutchinson does not determine to be a transaction requiring municipal consent (the "Registration "); and WHEREAS, thereafter, the Subsidiaries will merge into DD Holdings (the "Merger'; qT 1 4I WHEREAS, Hutchinson (the "Authority's has received a valid and complete request from the Holder of Record for ratification of the Registration, for consent to the Merger and the Transaction; and WHEREAS, the Authority has determined that it is in the best interests of the community and residents thereof to ratify the Registration and to consent to the Merger and the Transaction, and has further determined that Triax possesses the requisite legal, technical and financial qualifications. NOW, THEREFORE, BE IT RESOLVED, that the Merger and the Transaction, including the transfer of ownership and control of the Franchise and the respective assets which are used in providing the cable television service, are hereby permitted and approved; and BE IT RESOLVED FURTHER, that the Registration is hereby ratified and that the Authority hereby grants its consent to the Registration to the extent such consent is necessary; • and BE IT RESOLVED FURTHER, that the Franchise is in full force and effect without default thereunder to the date hereof in accordance with its terms and conditions as set forth therein and that no breach or default has occurred or is continuing under the Franchise; and 9 -/. , BE IT RESOLVED FURTHER, that Triax 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 ( "Secured Party "), providing financing to Triax from time to time, and that the Authority agrees that consent to a transfer is hereby deemed approved if the Collateral is assigned and transferred as a result of a foreclosure. Triax shall have no duty to preserve the confidentiality of the information provided in the Franchise with respect to any disclosure (a) to its 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 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 Authority hereby waives any right to first refusal which the Authority may have pursuant to the Franchise, as amended, or otherwise, to purchase the Franchise, or the assets which are used to provide the cable television service. BE IT RESOLVED FURTHER, that the consent to transfer herein provided shall be effective upon and only effective concurrent with the final completion of the Transaction and the Merger. ADOPTED by this day of 1996. Hutchinson Attest: Mayor Clerk- Treasurer The undersigned, being the duly appointed, qualified and acting Clerk of hereby certify that the foregoing Resolution No. is a true, correct and accurate copy of Resolution No. duly and lawfully passed and adopted by on the _ day of 1996. 203162.01.01 Clerk • 2. 0 DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS, NI ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (320) 587 -7575 FAX (320) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON April 29, 1996 1u80 MITTED IN TEXAS AND NEWT R. fir. Gary D. P otz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Re: Cable Franchise Renewal Our File No. 3244 -92054 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 (612) 389 -2214 FAX 1612) 389 -5506 -` "R 3 )7 1996 CITY -; 5 30N Dear Gary: • As you are no doubt by now aware, the cable franchise holder in the City of Hutchinson, Midwest Cablevision or, more accurately, its corporate parent, has requested a consent on the part of the City of Hutchinson to a merger. I discussed this matter at some length with Tom Creighton who represented the City when the present franchise was negotiated, and he agreed that it would be appropriate to have his office involvedin reviewing whether or not to approve to the consent to transfer. Enclosed please find a copy of my correspondence to Mr. Creighton regarding this topic. I would ask that all materials received the City in connection with the proposed consent to transfer the franchise be sent to Mr. Creighton at his address as soon as possible. I would also ask that Marilyn place on the consent agenda authorization for r etention of an attorney to review request to trans ter tranchIsF. If the terms are otherwise than as stated in my cover letter to Mr. Creighton, I will advise the Council by separate correspondence or at the meeting. Thank you for your time and attention to these matters regards. • Very truly ARNOLD, Ay lVVF/ Best G. Bari%jjo4hderson W GBA:lm Enclor�M ` W FI R EO AS A REAL Y LAW SPECIALIST BY T MINNESOTA STATE TE BAROASSOCIATION May 3, 1996 Bernick & Lifson Attorney Thomas D. Creighton Suite 1200 - The Colonnade 5500 Wayzata Boulevard Minneapolis, MN 55416 -1270 Dear Attorney Creighton: i FOR YOUR INFORMATJ, � The City Attorney, G. Barry Anderson, has requested that I send you copies of all materials received to date regarding the proposed merger of Triax Midwest Associates and DD Cable. • Therefore, you will find enclosed copies of various letters, a resolution and the material pertaining to the merger. The City Council agenda for the May 14, 1996 meeting will contain a request for the Council to authorize retention of an attorney to review the request to transfer the franchise. We will keep you informed of the action taken at that time. Sincerely, CITY OF HUTCHINSON Maril wanson Yn Administrative Secretary Encs. cc: G. Barry Anderson, City Arty. Mayor & City Council Gary D. Plotz, City Admin. • City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Printed an recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 x (61 587-2242 7 f / Fax (612) 587 -6417 n • ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP DAVID B. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLANO DAVID A. BRUEGGEMANN PAUL D. DOVE' JANE VAN VALKENBURG RICHARD G. M[GEE CATHRYN D. REITER WALTER P, MICHELS, III .LSO ADMITTEO IN TERAO Awo tiEl y.F1 Mr. Thomas D. Creighton Bernick & Lifson Suite 1200 The Collonade 5500 Wayzata Boulevard Minneapolis, Mn. 55416 RESICENT ATTORNEY G. BARRY ANCERSON April 29, 1996 Re: Hutchinson Cable TV Services Our File No. 3244 -92054 Dear Tom: OF COUNSEL RAYMOND C. LALLIER ARTHUR L. OOTEN 5601 CEDAR LAKE POAD MINNEAPOLIS, MINNESOTA 554'6 1 1 121 545 -9000 FAX 16121 E451793 501 SOUTH FOURTH S -PEET PRINCETON, MINNESOTA 5537 1 6121 389 -2214 X 1 FAX 21 389 -5 506 This correspondence is with regard to the phone call that I placed to your on Friday afternoon, April 26, 1996. I advised you at that time that we had received a request from Midwest Cablevision, or more accurately, it corporate parent, to transfer the cable franchise because of a merger with another cable company. It was my recollection that any such activity requires the consent of the City of Hutchinson and you confirmed that my understanding was correct. In the interests of proactively addressing this problem as opposed to simply waiting for someone else to undertake action, I have requested that you review the documentation that has been received by our office, and by the City of Hutchinson, regarding this proposed transfer, and that you represent the City of Hutchinson in connection with protecting the City's interests relative to not only federal law, but also the franchise agreement previously negotiated between the City of Hutchinson and Midwest Cablevision. As we discussed, it is my understanding that you were willing to undertake this effort with the understanding that no attorney's • fees or costs would be charged to the City. You were of the opinion that it was reasonable to expect Midwest Cablevision to pay those charges and that Midwest Cablevision would be responsible for your bills and expenses in this regard. ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA S5350 -2563 (320) 597-7 57 5 FAX 1 567 -4096 CERTIFIED AS A CIVIL TRIAL SPECIAL15T BY THE MINNESOTA STATE BAR A550CIATION CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Tom Creighton April 29, 1996 Page 2 Of course, only the City Council for the City of Hutchinson can ultimately authorize such action but since the Council does not meet again until May 14, 1996, I think it is a fairly safe assumption that if you are willing to proceed forward on the assumption that you will be paid for your services, if at all, only by Midwest Cablevision, the City would be very pleased to have you "bird dog" this matter. I will let you know shortly after the City Council meeting if the Council disagrees with my analysis. By carbon copy of this correspondence, I am notifying interested parties of the pending transfer because this is a good opportunity to address any non compliance issues. 0 For example, it is my understanding that under the new franchise agreement, Midwest Cablevision or its successor, is obligated to substantially upgrade the existing system. To the best of my knowledge, there have been no local indications that this effort is underway and we are now well past a year after enactment of the new • franchise agreement. I am concerned that this requirement of the existing franchise agreement is met because the existing cable television system is at capacity. Unlike many suburban systems that have 60 channel capacity, the Hutchinson system is fairly elderly and this is a matter requiring prompt attention. There are no doubt other areas of concern and I will be in touch with you as those areas of concern are made known to me. I enjoyed our conversation. Should you have any questions in connection with any of these correspondence, please advise. Thank you for your time and attention to these matters. Best regards. Very truly yours, ARNOLD, ANDERSON & DOVE, P.L.L.P. G. Barry Anderson GBA:lm CC Gary Plotz Doug Hedin Mark Guggemos Sue Potter A BERNICK AND LIFSON ft �. �. Ms. Jane E. Bremer Attorney at Law Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Norwest Financial Center, 7900 Xerxes Avenue South Bloomington, Minnesota 55431 -1194 Re: Triax Midwest Associates /DD Cable Merger Review Issues • Dear Jane: MAY 1 - 1996 CJT} ; - On behalf of the Lake Minnetonka Telecommunications Commission and its member cities, and the Cities of Morris, Prior Lake, Hutchinson, Grand Rapids, Maple Plain, Waconia, Cloquet and Mound, Minnesota, and such other Minnesota cities as may retain our services, we are writing to clarify proper interpretation of our clients' responsibilities in reviewing the change of corporate ownership requested by your clients, Triax Midwest Associates and DD Cable. As you know, Minnesota law purportedly requires that a franchising authority act within 30 days of receipt of a request to transfer or undergo a "fundamental corporate change" to either approve such request or issue a decision to hold a formal hearing within another 30 days thereof. Minn. Star. § 238.083, subd. 2. Further, pursuant to state law, the total rime period for review of a request to transfer or otherwise undergo a fundamental corporate change is 90 days. Ld. at Subds. 2 -4. However, there are no specific penalties or recourse for an operator in the event these timelines are not met. As you are also aware, the Cable Act, as amended, provides that: a franchising authority shall, if the franchise requires franchising authority approval of a sale or transfer, have 120 days to act upon any request for approval of such sale or transfer... If the franchising authority fails to render a final decision on the request within 120 , .,so AONn -U N -1311.1.1 •I]O JCSr Ile. •I /,_ C •G Jy 1'�M1r Jo e�o1N JOAN r SCr VJK[w! AArr eTN o �A3TC. r.N A /OICSS.ONAL ASSOCIATION • ATTO RN CYS AT LAW •O /l A. SV lTrAN SVITC' /00. rnC COVONNAOC V CAL J SrAIIgO /TOO wAVIATA /OVl[VANO TAVI A. a• MINNEAPOLIS. MINNESOTA 35 -13)O 1w0rA3 0 O. C.CIOrTON SCOTT A, uCSON rC- CnNONC layl SAa - /00 OAVlO Ia NIOrTINOALCI ovAlr• IACSINILC Sala /Ae -�OOO - r CPI[SA N. 401A11eI A[ /CCCA J. rCI-T114 -O /CNT J. V. VOSC April 30, 1996 ft �. �. Ms. Jane E. Bremer Attorney at Law Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Norwest Financial Center, 7900 Xerxes Avenue South Bloomington, Minnesota 55431 -1194 Re: Triax Midwest Associates /DD Cable Merger Review Issues • Dear Jane: MAY 1 - 1996 CJT} ; - On behalf of the Lake Minnetonka Telecommunications Commission and its member cities, and the Cities of Morris, Prior Lake, Hutchinson, Grand Rapids, Maple Plain, Waconia, Cloquet and Mound, Minnesota, and such other Minnesota cities as may retain our services, we are writing to clarify proper interpretation of our clients' responsibilities in reviewing the change of corporate ownership requested by your clients, Triax Midwest Associates and DD Cable. As you know, Minnesota law purportedly requires that a franchising authority act within 30 days of receipt of a request to transfer or undergo a "fundamental corporate change" to either approve such request or issue a decision to hold a formal hearing within another 30 days thereof. Minn. Star. § 238.083, subd. 2. Further, pursuant to state law, the total rime period for review of a request to transfer or otherwise undergo a fundamental corporate change is 90 days. Ld. at Subds. 2 -4. However, there are no specific penalties or recourse for an operator in the event these timelines are not met. As you are also aware, the Cable Act, as amended, provides that: a franchising authority shall, if the franchise requires franchising authority approval of a sale or transfer, have 120 days to act upon any request for approval of such sale or transfer... If the franchising authority fails to render a final decision on the request within 120 , .,so AONn -U N -1311.1.1 •I]O JCSr Ile. •I /,_ C •G Jy 1'�M1r Jo e�o1N JOAN r SCr VJK[w! AArr eTN o �A3TC. r.N Ms. Jane E. Bremer April 30, 1996 Page 2 days, such request shall deemed granted unless the requesting party and the franchising authority agree to any extension of time. 47 U.S.C. § 537. In addition, the Act provides that any provision of state or local law which is "inconsistent" therewith is deemed to be preempted and superseded. 47 U.S.C. § 556(c). Accordingly, we have determined that federal law has preempted those provisions of state law which would require our clients to meet certain procedural deadlines prior to rendering a anal decision regarding the merger, specifically, Minn. Stat. § 238.083, Subds. 2-3. In short, the federal right to a 120 day review period cannot be eviscerated by failure to meet inconsistent state law procedural requirements. Apart from being the legally required result, this interpretation will significantly reduce the administrative burdens for all parties affected. is In the event you disagree with our legal interpretation, please contact either Bob or me at Your earliest convenience. We will inform our clients that the state law timelines are preempted and will assume that your clients have waived any objections to this interpretation unless you contact us before the end of the business day, Monday, June 3, 1996. • Yours truly, BERNICK AND LI { FSON, P.A. Thomas D. Creighton TDC /rs C.'.CUEf TRI"SREHER.IDI cc: Clients • LJ R055 SVSSMAN hfAl � _ •Plop 5AVLA BERNiCM i..OnAs o CRE G..Tph SC011 A L11501 OAVIO n alp l.4i1NGA�E' RAVI .i OJASi' ip.CRC SA n It O'rvaLS a. RCe LCC.1J MCL LR ROBERT _ v 1111 BERNICK AND LIFSON • 1R0IESSIC.AL A550CIA,10'. ATTORNEYS AT LAW 5,.11E 200 T..E CO -Oh .AO[ 1500 w.r Z.T. eOVLEVAgO MINNEAPOLIS. MINNESOTA 554.6 -1270 ELEer.ONE .6121 1a6 -4200 /.CS n1LE 621'46 -4003 -CJ�L •54141��T5 .O eROwN J C/.h M SC�VL�tCRS I( <i.4R Vh G nA5'CR April 25, 1996 APR 2 9 1996 Mr. Gary D. Plotz City of Hutchinson 111 Hassan Street S, E. Hutchinson, Minnesota 55350 -2522 Dear Mr. Plotz: The City of Hutchinson ( "City ") has either already received or will shortly receive notice • that Triax Midwest Associates, L.P. ( "Triax ") is merging with DD Cable Holdings, Inc. and its various subsidiaries d/b /a Northland Cablevision or Midwest Cablevision (collectively "DD Cable "). Included with the notice of merger is a federally mandated Form 394 and other futartcial information. Apparently a substantially reorganized and financially restructured Triax will result from the merger. We are writing to inform the City that we are currently representing a large number of the municipalities served by either Triax or DD Cable. A review of your current cable franchise may show that Mr. Creighton in fact drafted that document. We expect to provide legal consultation regarding this merger and franchise transfer to a majority of the cities affected. We are aware of some instances in which the cable operator is characterizing this transaction as one of form and not substance, is encouraging municipalities to not closely review the transaction, notwithstanding federal, state and local legal rights and obligations to do so, and is encouraging municipalities to immediately adopt a proposed resolution approving the transaction. We want to inform your City that, quite to the contrary, this merger will significantly alter the financial structure of the City's cable provider. Pursuant to federal and state law, the City has 120 days from receipt of FCC Form 394 from your cable operator in which to fully review and approve or deny the proposed transaction. We are also writing to suggest that your City might benefit from making use of our services along with the many other municipalities we represent that are affected by this • transaction. We currently represent 14 municipalities which make up the Lake Minnesota Cable Communications Commission, served by Triax, and the municipalities of Prior Lake and Morris, ig served by DD Cable. As noted previously, we expect that a number of other municipalities will • make use of our services in reviewing this transaction. Joining the group of municipalities which we represent in this transaction would benefit the City in a number of ways. First, on behalf of those clients we currently represent, we have initiated discussions regarding the payment by the merging companies of the City's expenses. We have successfully required in the past that cable companies should pay such expenses relating to review of a sale or merger. In the event your City joins with the municipalities we currently represent, we would include the City in this fee discussion. Second, our fees will be split evenly among the parties we represent resulting in significant savings. Third, we have extensive experience dealing with cable franchise transfers and other cable related issues, we have a wealth of experience administering, renewing and enforcing franchises generally, and specifically Triax and DD Cable franchises, and we have extensive experience successfully working with the attorney representing both Triax and DD Cable, Jane Bremer. Enclosed please find a presentation regarding cable franchise transfers and renewals given by Mr. Creighton. Please contact us at your earliest convenience should you wish to discuss further participation with the group of cities we currently represent regarding this transaction. Very truly yours, BERNICK AND LIFSON, P.A. • Robert J. V. Vose Thomas D. Creighton RJVV /rs cc: Lake Minnetonka Cable Communications Commission City of Morris City of Prior Lake • BERNICK AND LIFSON 0 THOMAS D. CREIGHTON .LSO AGH1T -110 IN w15CONmN 'ALSO CERTIFIED 'L.L1C ACCOUNTANT LEGAL bSISTANTS JO SROWN JOAN M. SCHULKERS KATHRYN O MASTCRMAN ti: 1Y 1 -1996 CITY,: H - :CM Maximizing Municipal Leverage in Cable Television Franchise Renewal /Transfers: Helping the Company Say "Yes" Drake University February 2, 1994 • Good afternoon. Let me begin by letting you know that I made one promise to myself a long time ago, and that was never to agree to the speaking slot which is scheduled for right after lunch. Before I was a lawyer, I used to teach seventh grade science, and I remember well my fifth hour class after lunch in a kind of coma state as the students struggled valiantly to digest their food and listen to me at the same time. If I wasn't fighting off a famous Minnesota midwinter cold, I would lead us ail in jumping jacks to get that old blood flowing. Negotiations in the area of renewals and transfers of ownership is a very large area. In the time available to us today, we will only be able to hit the highlights. We will leave as much time as possible for you to ask questions after my prepared remarks. I have copies of my remarks which will be sent out to you by the League. Hopefully that will help the necessity to concentrate on note taking. Instead, lets talk about transfers and renewals and all the exciting negotiations strategies which we can employ to (as the title to the session implies) "Help the company say 'Yes "' • I need to tell you up front that the only way to get the company to say "Yes" is to cave into all their demands. The best I have ever gotten out of a company is A PROFCS5I0MAL ASSOCIATION ATTORNEYS AT LAW ROSS A. SUSSMAN SUITE 1200. TMC COLONNADE NE/.L J. 5MARI RO SSOO WAYSATA SOULCVARD S.UL A. SERNICK' MINNEAPOLIS, MINNESOTA 5 5416-12 70 THOMAS D. CREIOHTON SCOTT A. LIFSON TELEPHONE (6121 546 -1200 OAV D M. NIONTINOALCI FACSIMILE (6121 546 -1003 ,.UL J. OUA5T T1CRC3A M. NOwnL3K1 PEOCCCA J. M1ELT2ER ROBERT J. v, v05E REMARKS THOMAS D. CREIGHTON .LSO AGH1T -110 IN w15CONmN 'ALSO CERTIFIED 'L.L1C ACCOUNTANT LEGAL bSISTANTS JO SROWN JOAN M. SCHULKERS KATHRYN O MASTCRMAN ti: 1Y 1 -1996 CITY,: H - :CM Maximizing Municipal Leverage in Cable Television Franchise Renewal /Transfers: Helping the Company Say "Yes" Drake University February 2, 1994 • Good afternoon. Let me begin by letting you know that I made one promise to myself a long time ago, and that was never to agree to the speaking slot which is scheduled for right after lunch. Before I was a lawyer, I used to teach seventh grade science, and I remember well my fifth hour class after lunch in a kind of coma state as the students struggled valiantly to digest their food and listen to me at the same time. If I wasn't fighting off a famous Minnesota midwinter cold, I would lead us ail in jumping jacks to get that old blood flowing. Negotiations in the area of renewals and transfers of ownership is a very large area. In the time available to us today, we will only be able to hit the highlights. We will leave as much time as possible for you to ask questions after my prepared remarks. I have copies of my remarks which will be sent out to you by the League. Hopefully that will help the necessity to concentrate on note taking. Instead, lets talk about transfers and renewals and all the exciting negotiations strategies which we can employ to (as the title to the session implies) "Help the company say 'Yes "' • I need to tell you up front that the only way to get the company to say "Yes" is to cave into all their demands. The best I have ever gotten out of a company is THOMAS CREIGHTON • RENEWAL /TRANSFERS FEBRUARY 2, 1994 "O.K. You are killing me, but we will go with it." First a few basics about the laws as they relate to our task in transfer approval and renewal. The legal format is very different, but the basic strategies are the same. First Transfers. Most ordinances provide for approval at some level of any sale or transfer of a cable system. Many require approval even of fundamental corporate changes in the ownership of the system. I mention this only to emphasize that you need to check Your franchise. Many companies will sell off large parts of the ownership of their system or franchise without actually selling the entire company. Many companies will tell a city that such changes do not require approval. Check your franchise to see the scope of your authority. Your approval authority should be as broad as possible, and if your current franchise is limited, add this to your list of franchise changes you would like should you and the company ever open up the franchise for amendment. • This will become especially important as we enter an era of infusion of cash in many systems by phone companies. At any rate, you should approach the transfer process much the way you approached the granting of the franchise. You should investigate the legal, technical, and financial qualifications of the prospective buyer. You have 120 days to conduct this investigation, and that can be a short time. Keep in mind that the 120 days does not begin to tick off until you have received sufficient information from the purchaser to conduct your analysis. Hold firm to your right to know as much about the new buyer as you can. Understand who they are, how much money they have in your system and what resources they have available to keep your system up to speed. You also should investigate carefully how highly leveraged the purchase is, in other words, how much debt will your system be expected to carry. A huge debt load will effect the ability of the new owner to keep your system up to snuff with emerging technologies. • 2 • THOMAS CREIGHTON RENEWAL /TRANSFERS FEBRUARY 2, 1994 One side note: The new federal regulations regarding rate regulation come into play here, too. The new regulations allow a company to recover from the rate base that portion of the total cost that the purchasing company attributes to the subscriber equipment it is purchasing. ASK THIS QUESTION in a transfer: "What cost has the purchaser attributed to subscriber equipment ?" Even though a converter can be purchased on the open market for $100, if the purchasing company attaches an asset value to the converters currently in the field of $200, they will be allowed to raise their equipment rates in the future to recover this attributed expense for subscriber equipment. There, you just recouped the expense of this seminar with that one hint alone. We could spend an entire session on the analysis of a transfer, but that really is beyond the scope of this session. Suffice it to say, you need to precede your • negotiations in a transfer with an analysis of the system. Often in this analysis, you will uncover problems which can significantly strengthen your negotiating hand. The major goal in transfer negotiations is to be sure that the company leaving town does not leave its problems behind, but fixes them before it leaves town. (Repeat last sentence) You are really about to enter into a partnership with the new company and your goal should be to lessen the load on the new company for any existing franchise noncompliance issues. Stated another way, in a transfer, you should have a clear handle on existing franchise problems, and get them fixed before you let the old company out of town. You will have an ally in the new buyer. Often the new buyer will not even know of long standing problems between you and the exiting company. This process is your chance to fix such problems without burdening your rate payers with the expense of fixing them. Therefore transfer negotiations should start with a careful analysis of the existing system. If you have been keeping up, hopefully you already have a list of • ongoing problems with the system. You may want to even invest in a technical audit 3 THOMAS CREIGHTON • RENEWAL /TRANSFERS FEBRUARY 2, 1994 of the system to assure yourself and the buyer that the system at least meets the minimum federal technical standards for your system. On your list of problems could be such things as equipment problems, picture quality, system outage problems, and customer service problems. The process I am describing for transfer negotiations is the major difference with renewal negotiations. That being in transfer negotiations, you really are fixing things up so as to give you and the new company as good a chance as possible to succeed in serving your community in the foreseeable future. You may be able to negotiate future upgrades and future bells and whistles in a transfer, but the success rate of such negotiations is low. Such future demands in a transfer only serve to burden a new company who in all probability has stretched itself to the limit to come up with the money to buy the system in the first place. • Think of yourself buying a house. You want the seller to fix everything you can so that you don't have to dip into your limited resources to fix them. To summarize, in transfer negotiations, FIX THE SYSTEM. Second, a transfer is also a time when you may want to clean up any franchise language that you and the buyer can agree should be cleaned up. I should stress that I will only open up a franchise on transfer if problem with the franchise is very extreme. I prefer to instead make it clear that the new buyer must agree to comply with all the existing terms of the existing franchise. I don't recommend opening up franchises on transfer. You really don't have time, and you can always open up the franchise at a later date with the new owner. We will come back to general negotiations strategies, but first on to the framework of renewal negotiations. Renewals of franchises have become a tricky business in the current explosion of technological advances. Added to this problem is the current mode of the industry to request very long term renewals such as 25 or 30 years. The Federal law lays out quite detailed procedures for renewal. I have no intention of dragging you through • !f • THOMAS CREIGHTON RENEWAL /TRANSFERS FEBRUARY 2, 1994 them this afternoon. I have included them in my hand outs. I would stress that this is one handout that you may want to keep around other than in the bottom of your conference notebook. I hope I have laid the law out in as understandable a form as possible considering complexities of the Federal law regarding renewal. Suffice it to say that contrary to transfers, the renewal process is an "everything is on the table" process. Having said that, the company always has the upper hand in any "everything is on the table" process. Let me repeat, the company always has the upper hand in these negotiations. I have never met a company that did not know exactly what it wanted to accomplish in renewal, and I have seldom met a city who had any idea what it wanted to accomplish in the renewal process. I know it is not a speech strategy sanctioned by Normal Vincent Peale to shame your • audience, but you need to face the facts if you want to pull yourself into a position to succeed at renewal negotiations. You are about to grant an extended right to do business in your town to a cable company, and you damn well better have a handle on what you want to accomplish in the process. The renewal process begins in much the same place as the transfer process. First, fix the technical problems you know you have. From here, depart into fixing the franchise language problems you know you have. Remember, in transfer negotiations I seldom open up the franchise language, but in renewal changes are on the table. If you do not have a 5% franchise fee, now is the time to require it. This is non- negotiable. The new rate rules allow the company to pass this on to the subscribers anyway, so they should have no argument; at least not one you should listen to. If you do not have penalty procedures in your franchise for noncompliance, add them here. This also is non - negotiable. The company surely doesn't plan on violating the franchise, so why should they care if you have penalty provisions. The provisions should include fines, and a process to hold the company in default. The default • procedure is very important since most bank loan documents hold that a default in the l7 THOMAS CREIGHTON • RENEWAL/TRANSFERS FEBRUARY 2, 1994 franchise is a default in the loan, and no company can withstand a default in their loans. Every company should be required to post a letter of credit with the city securing its penalties, should they be levied. You should be able to draw on such security now and fight about it later. You want to be in the position of stake holders. A performance bond is not sufficient. I repeat, a performance bond is not sufficient. You will only find yourself fighting with the bond company to collect. The only substitute I have accepted for a letter of credit is a security fund of money which is deposited in a local bank from which the city can draw on its signature. You may also want to add customer service standards and consumer protection sections to your new franchises. Many other sections such as construction standards, rights to have access to and audit the books of the company, insurance sections and constructions bond sections should also be reviewed and upgraded. After you have fixed known problems with the system (also a nonnegotiable • area) and reviewed the general sections of the franchises for proposed amendment, you move on to the most difficult area of renewal negotiation - -Let's call it the "what cool things are you going to give me for the future ?" urea. This really breaks down in to three area issues: 1. What do you know you need now? 2. What do you know you need in the foreseeable future? 3. What do you think you will need in the not foreseeable future? The goal in this portion of renewal negotiations should be philosophically based, not "wants" based. That sounds goofy. Let me explain. You certainly have a philosophical right to expect that the system about to be granted a long term right to do business in your town provides your system with the finest technologically available service which exists. I can't pick up a paper without seeing the phrase "information superhighway ". Why should you care? First, this highway is quite simply the most significant infrastructure upgrade since railroads were built. Just like • y • THOMAS CREIGHTON RENEWAL /TRANSFERS FEBRUARY 2, 1994 the railroads, if the tracks pass your town it may thrive; if your town gets skipped or left off the superhighway, it may not survive into the 21 st century. No system should be allowed to exist with less that 450 megahertz of available channel capacity. If you don't want to argue megahertz, get a minimum of 70 channels. Any other system is already a dinosaur. You should also expect any new areas of your town, or any areas not already served, to receive service under the new franchise. Be careful to include any areas you are reasonably sure will see new homes in the foreseeable future. This is non - negotiable for reasons I will explain in the latter part of this 'discussion. You should also expect your system to receive the programming which your colleagues in the big cities enjoy. You are probably paying the same rates for half the programming. This cannot be allowed to continue. You should certainly expect addressable upgraded systems, if you ever expect to take • advantage of the video compression which is right around the corner. And if your city councils are not currently televised on cable you should negotiate the necessary equipment and channel capacity to make this happen. The investment in this area by the company can be less than $30,000, and is a crucial part of your ability to communicate with your citizens, now and in the future. Companies start whining at this point. They stress how small your town is and how your poor subscribers will have to pay huge rates to do such silly things. Baloney. Your subscribers are already paying huge rates without these things. The smaller systems in this country are for the most part cash cows for many of these companies. You have a right to expect an investment back into your community for the privilege of doing business in your town. Let me repeat, you have a right to expect this investment for the privilege of doing business in your town. Now onto the premises and strategies for negotiations. The threshold emotional hurdle for most cities is to accept that they are the • city. In other words you have been told for years by disgruntled citizens that they 7 THOMAS CREIGHTON RENEWAL/TRANSFERS FEBRUARY 2, 1994 cannot fight city hall, now is your chance to take advantage of it. Cities have a self esteem problem. In the final analysis they really don't believe that they have a right to expect the finest cable system that the company has the ability to offer. Certainly there are some financial considerations with the smaller systems. Certainly there are some system enhancements which your system cannot sustain economically. But simply hearing from the company "Nope, we cannot possibly afford that," is not a sufficient answer. I have numerous clients who will just say, "Oh, O.K., sorry we asked." Franchise renewal is a business negotiation. You need to act as business -like as you expect the company to act. If you are told something is too expensive, the next word out of your mouth should be "How much do you estimate it will cost ?' Then check the figures with an expert on your side. Companies will ask you to justify your request. This is a backwards approach. I make them justify their denial. To paraphrase Bobby Kennedy, some cable companies see a City's requests during renewal and ask "why ? ". I ask "Why not ? ". You too should shift the burden of proof to the cable company. You should also have at your disposal detailed financial information from the company which your accountants, or even your city finance person can check to answer such questions as "what is the operating margin of the company in your town ? ", and "what is the current rate of return ? ", and "what would both figures be if the company was to give you what you want ? ". This is business ladies and gentlemen, and you have the right to that information if the company expects the right to have access to every easement in your town for the purpose of them making a profit. Let's dwell here a moment. The cable company is the only private industry which is not otherwise regulated which is given free access to every public easement in town for the purpose of making a profit. They owe you something for that privilege. You have a right to expect certain things in return for the privilege you are bestowing on the company. • 8 • THOMAS CREIGHTON RENEWAL/TRANSFERS FEBRUARY 2, 1994 You are the city. Renewal is a good time to act like it. Another principal in renewal negotiation is that you already have a circle of friends, and it is O.K. if the company is not one of your friends. Particularly in smaller towns, the local manager and people who work with the cable company usually get close to the elected leaders, and in some instances are your friends. That is their job, to be your friends. If they are good at it, it can become hard to be tough with your "friend." A major principle in renewal negotiations is that this is business and while you can be friendly, you need not do special things for the cable company because they are your friend. Companies are not emotionally equipped, by definition, to be a friend. A word about the renewal term. No franchise should ever be renewed for more than 15 years. I repeat, no franchise should be renewed for more than 15 years. I even prefer a shorter term. The term should only be tied to a business decision, not what "feels" fair or reasonable. In other words, the term of the franchise should be the time necessary for the company to reasonably recoup its investment with a reasonable rate of return for all that they are giving you in the upgraded renewed system. Again, the term should only be long enough for the company to reasonably recover its investment and realize a reasonable return. The term should be one of the last things negotiated and should be directly tied to the amount of money the company can prove to you they are putting back into the system. And I mean prove to the satisfaction of someone you have looking at the books and records in question. If the company refuses to upgrade or add services or equipment, then a one or two year term, until they choose to upgrade, is all they should reasonably expect. If major financial commitments are made, and they can prove they need the time to recoup their investment, then 15 years is reasonable. 0 Flexibility -- Whatever you get from the company, you need to work in some 0 THOMAS CREIGHTON RENEWAL /TRANSFERS FEBRUARY 2, 1994 flexibility to handle technology of the future. This can be done in a number of ways, from agreeing to open up the franchise at either party's request for the purpose of negotiating technological upgrades, to more particularly agreed upon review periods (every 5 years) at which time both parties will be required to negotiate in good faith such upgrades. In any event don't leave out a paragraph which insures flexibility for the future. Finally, do your homework. Every system will eventually be transferred and every franchise will eventually be renewed. I advise my clients to always keep a list in their cable file about things they want fixed or things they want added to their cable system at such time that the systems are sold or renewed. The more you prepare, the more successful you will be. If you have no such list, now, begin its preparation, now. If you are already in renewal or transfer, make such a list. Then prioritize the list so that you can keep careful tabs on your progress in negotiations. You should not try to negotiate any of these things at a public meeting, and never with the entire council. It is fine to establish and prioritize the list with the entire body of decision makers, but one, or at a maximum two perscns should be designated as negotiators for the city, reporting back at agreed upon intervals to the entire council. Cable is big business, and cities will only succeed if they enter the arena well prepared and in the mood to act like big businessmen and women themselves. 0 10 • 0 YEAR REVENUE WHOLESALE METERED GAS RETAIL $ WHOLE $ MARGIN $ Operating $ OPERATING DIFFERENCE $329,160 $201,397 $253,116 mcf $/mcf $/mcf $/mcf EXPENSES 1991 $4,483,711 $3,411,487 1,636,152 $2.740 $2.085 $0.655 $1,072,224 $862,836 $209,388 1992 $4,718,260 $3,837,401 1,663,318 $2.637 $2.307 $0.530 $880,859 $999,945 ($119,086; 1993 $5,622,073 $4,628,329 1,705,889 $3.296 $2.713 $0.583 $993,744 $1,024,794 ($31,050) 1994 $5,276,070 $4,330,783 1,582,806 $3.333 $2.736 $0.597 $945,287 $1,073,050 ($127,763) 1996 $5,160,097 $4,126,811 1,700,308 $3.035 $2.427 $0.608 $1,033,286 $1,174,603 ($141,317) Average $0.594 lJ OTHER NET INCOME SOURCES $325,875 $535,263 $629,698 $510,612 $409,264 $378,214 $329,160 $201,397 $253,116 $123,004 s • HUTCHINSON AIRPORT COMMISSION MEETING NOVEMBER 27, 1995 Meeting called to order at 7:40 pm by Chairman Dave Skaar. Members present: Dennis Kahl, Dave Skaar, Joe Dooley, and Al Koenig. Members absent: Mayor Marlin Torgerson City Staff: Doug Meier Guests: Bernie Knutson and Tom Parker Meier briefed the commission on some of the topics covered at the Minnesota Airport Symposium. Motion made by Dennis Kahl and seconded by Al Koening reque permission to close the Hutchinson Municipal Airport during the evening hours of the 16th thru the 20th of August 1996 • The Dooley Air Show will be held in conjunction with the McLeod County Fai Motion passed unanimously. Next meeting will be June 3rd 1996 at the Airport lobby. Meeting adjourned: 8:30 p.m. Report Submitted by Doug Meier • s • • DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON" LAURA K. FRETLAND DAVID A. SRUEGGEMANN PAUL D. DOVE JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN O. REHER WALTER P. MICHELS. III 'ALSO ADMITTED IN TEXAS AND NEW YORK Ms. Marilyn Swanson Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON May 10, 1996 Re: Hutchinson Mall Plat No. 2 Our File No. 3188 -92227 Dear Marilyn: 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 (612) 3892214 FAX IS? 2) 3835506 ar'D1996 Ch _ . I .. -- C: I am enclosing herewith for Council consideration and action a copy of correspondence from Rinke Noon dated May 2, 1996; a copy of correspondence from MetLife Capital Financial Corporation dated April 25, 1996; a copy of the proposed Subordination Agreement; a copy of the January 23, 1995 Easement Agreement; and a copy of the Partial Release of Mortgage Lien. Please place the -or consideration at this coming Tuesdav eveninq's meeting. I or the same. • Also enclosed is a copy of my correspondence to Blake Bernet which is self - explanatory. If you have any questions in connection with the foregoing, please advise. Thank you. Very truly__youreA ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (320) 567 -7575 FAX (320) 5874096 & yQVE, P.L.L.P. G. B"ry/Anderson GBA:lm Enclosures 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 / ONKE-NOONAN E, NOONAN, GROTE, SMOLEY, DETER, COLOMBO, T, VON KORFF, DEGIOVANNI, AND HOBBS, LTD. ATTORNEYS AT LAW Suite 700 Norwest Center Box 1497 St Cloud, MN 56302 (320) 251-6700 Fax.: (320) 656 -3500 May 2, 1996 o r s L. Wiant Dear Nfr. Anderson J00 W Von Korth s Degiovanni I am enclosing correspondence and materials I received from Blake A. Bernet, Ja es Degiovanni attorney for MetLife. I would appreciate it if you would please provide him with the Sharon G. Hobbs information requested on the revised commitment letter and do what is necessary to David J Meyers" ensure that the Partial Release and Subordination Agreement are executed. John J. Meyers Our client is not willing to pay for MetLife's costs and expenses as requested under number 6 on the revised commitment letter. I would appreciate it if you would try to Roger C. Justin' discuss this matter with Mr. Bernet since Coborn's is not directly benefitting from John J. Babcock obtaining the partial release or subordination, but is certainly willing to cooperate with the municipality. Jill A. Pinkert Igor S. Lenzner As you wilt notice NIT. Bernet has placed a deadline date of May 15, 1996, on receiving the requested information. We will cooperate with you on attempting to Gary R. Lersttco bring this matter to a close, but ask that you take the lead and try to resolve this Nora L. Klaphake matter as soon as possible. I am attaching another copy of the executed Quit Claim Deed and Easement agreement as he requested, which you may forward to him along Rcseann T. Coors with the remaining requested information. Orrin V Rinke _' cov95el G. Barry Anderson b P,oCrc Law Arnold, Anderson & Dove D. Michael Noonan Attorneys at Law 0!01% 101 Park Place Gerald R. Grote Hutchinson, NE 1 55350 -2563 William A. Smoley' Min %+aY 54W ems' Asmc�atitn Re: Hutchinson Mall Plat 2 Kurt A. Deter your File No. 3188 -92227 Barrett L. Colombo Our File No. 119.082 o r s L. Wiant Dear Nfr. Anderson J00 W Von Korth s Degiovanni I am enclosing correspondence and materials I received from Blake A. Bernet, Ja es Degiovanni attorney for MetLife. I would appreciate it if you would please provide him with the Sharon G. Hobbs information requested on the revised commitment letter and do what is necessary to David J Meyers" ensure that the Partial Release and Subordination Agreement are executed. John J. Meyers Our client is not willing to pay for MetLife's costs and expenses as requested under number 6 on the revised commitment letter. I would appreciate it if you would try to Roger C. Justin' discuss this matter with Mr. Bernet since Coborn's is not directly benefitting from John J. Babcock obtaining the partial release or subordination, but is certainly willing to cooperate with the municipality. Jill A. Pinkert Igor S. Lenzner As you wilt notice NIT. Bernet has placed a deadline date of May 15, 1996, on receiving the requested information. We will cooperate with you on attempting to Gary R. Lersttco bring this matter to a close, but ask that you take the lead and try to resolve this Nora L. Klaphake matter as soon as possible. I am attaching another copy of the executed Quit Claim Deed and Easement agreement as he requested, which you may forward to him along Rcseann T. Coors with the remaining requested information. Orrin V Rinke _' cov95el b P,oCrc Law N !/ISaN 0!01% 2 PeN Prcpwy Lar SDanNial F'DATA',1:9083 UN!UAPC LaIONC Cy IIA `� Min %+aY 54W ems' Asmc�atitn 'AmrxllaG ro Prance Law /� m WeCOnan / a AMNtIMb Prance Lar 1 in NpHi OMOfa G. Barry Anderson • May 2, 1996 Page 2 You may need to contact Dale Hanka at Tri- County Abstract Company regarding the survey and endorsement to title policy. His telephone number is 320 -253 -2096. Please work with Mr. Bernet directly on attempting to wrap up this matter. .1lso, we informed Mr. Bernet that our client received no monetary consideration from the City, so I would appreciate it if you would confirm that with him also. Please let me know if you need anything further from us. Otherwise, I will assume that you will take care of obtaining the information requested on or before May 15, 1996. If you have any questions, please call me. Sincerely, RINKE- NOONAN D. chael Noonan DMN\pkc ks Enclosures cc: Don Wetter i 0 FZU A \I19OBN 30kF _ April 29, 1996 D. Michael Noonan VIA FEDERAL EXPRESS Rinke -Noonan Norwest Center Suite 700 St. Cloud, Minnesota 56302 Re: MetLife Loan to Mark Coborn and Chris Coborn Real Property Family Partnership (MelLife Loan No. 2400193 -001) (Your File No. 119.082) . Dear Mr. Noonan: In connection with the release and subordination of portions of MetLife's lien in connection with the above - referenced loan, enclosed please find the following items: 1. A Modification Commitment Letter which must be executed by Mark Coborn and Chris Coborn Real Property Family Partnership and returned to me with a check for the $1,500.00 deposit referenced in the letter; 2. A draft of a Partial Release of Mortgage Lien; and 3. A draft of a Subordination Agreement. Please review the enclosed and call me at your earliest convenience to discuss fmalizing this matter. Sincerely, lake . Be et • BAB /bdo • Enclosures cc: MaryAnn Essenmacher (w /encl.) REDA 068672- I 12416-0)411 ` APR 3 0 1996 Jenkens &Gilchrist A PROFESSIONAL CORPORATION • AUSTIN, TEXAS 1445 ROSS AVENUE 16 121400 3800 SUITE 3200 DALLAS, TEXAS 75 20 2 -2 799 HOUSTON. TEXAS (2141 855 -4500 O 131 0613300 TELECOPIER (214) 855 -4300 SAN ANTONIO, TEXAS R 101308-31W BLAKE A. BERNET (2141 855 -4344 WASXINGTON, O.C. TELECOPIER (214) 979 -8905 (20216261014 April 29, 1996 D. Michael Noonan VIA FEDERAL EXPRESS Rinke -Noonan Norwest Center Suite 700 St. Cloud, Minnesota 56302 Re: MetLife Loan to Mark Coborn and Chris Coborn Real Property Family Partnership (MelLife Loan No. 2400193 -001) (Your File No. 119.082) . Dear Mr. Noonan: In connection with the release and subordination of portions of MetLife's lien in connection with the above - referenced loan, enclosed please find the following items: 1. A Modification Commitment Letter which must be executed by Mark Coborn and Chris Coborn Real Property Family Partnership and returned to me with a check for the $1,500.00 deposit referenced in the letter; 2. A draft of a Partial Release of Mortgage Lien; and 3. A draft of a Subordination Agreement. Please review the enclosed and call me at your earliest convenience to discuss fmalizing this matter. Sincerely, lake . Be et • BAB /bdo • Enclosures cc: MaryAnn Essenmacher (w /encl.) REDA 068672- I 12416-0)411 ` APR 3 0 1996 AfefLife Capital Financial Corporation An kirliate of Metropolitan Life Insurance Company ION NE 4th Street, Suite 500, Bellevue, WA 98004 -585.8 Mailing Address: C- 97550, Bellevue, WA 99009 -7550 Tel ?06 451 -0090 • � MetLife CFC April 25, 1996 Mark Coborn and Chris Coborn Real Property Family Partnership 1445 East Highway 23 St. Cloud, Minnesota 56304 Re: Loan (the "Loan ") by MetLife Capital Corporation to Mark Coborn and Chris Coborn Real Property Family Partnership ( "Borrower ") (MetLife Loan No. 2400193 -001) Dear Sirs: Subject to the requirements set forth in this letter, MetLife Capital Fiancial Corporation or its assignees ( "MetLife ") hereby agrees to do the following in connection with the above referenced loan: 1. Release its lien with respect to the following property: The east 392 feet of the north 17 feet of Lot 1, Block 1, Hutchinson Mall Plat 2, McLeod County, Minnesota. 2. Subordinate its lien to a drainage and utility easement granted to the City of Hutchinson, Minnesota, with respect to the following property: The south 10 feet of the East 392 feet of the north 27 feet of Lot 1, Block 1, Hutchinson Mall Plat 2, McLeod County, Minnesota. MetLife's agreement to perform the above actions is subject to the following: 1. Borrower must provide MetLife with a survey of both of the above referenced parcels. 2. Borrower must provided MetLife with copies of the executed deed and easement delivered by Borrower to the City of Hutchinson. 3. MetLife must make a determination, in its sole and absolute discretion, that the performance of the above actions will not reduce the value of MetLife's collateral for the repayment of the Loan. 4. MetLife must be provided with an endorsement to its title policy in connection with the Loan which confirms that the above referenced release and subordination will not reduce- AfetLife's title coverage in any way. REDAL68551.2 12416 -0411 �� n L. . 5. Borrower must confirm to MetLife in writing that Borrower has received no monetary consideration from the City of Hutchinson for the conveyance of the fee title to or easements in connection with the above referenced property (Borrower's execution of this letter shall serve as such written confinnation). 6. Borrower must pay all of MetLife's costs and expenses (including attorney fees) in connection with the transaction which is the subject of this letter and Borrower must deliver to MetLife a deposit in the amount of $1,500 for payment of such costs and expenses. This non - interest bearing deposit will be returned to Borrower, less all costs and expenses incurred by MetLife, after MetLife's performance of the above referenced actions. 7. All of the above must be completed on or before May 15, 1996. METLIFE CAPITAL FINANCIAL CORPORATION, a Delaware corporation By: PIint: VU tA�V1t �G� 1�5�1 Title: Sdti,�i f(t E { c c tiz,(14��l -0 AGREED TO AND ACCEPTED ON , 1996 MARK COBORN AND CHRIS COBORN REAL PROPERTY FAMILY PARTNERSHIP, a Minnesota general partnership By: Mark Coborn and Family Real Property Partnership, General Partner By: Mark Coborn Managing Partner By: Chris Coborn and Family Real Property Partnership, General Partner By: Chris Coborn • Managing Partner R E D A L:68551.2 1271 6-00711 0 This document drafted by: Blake A. Bernet Jenkens & Gilchrist 1445 Ross Avenue Suite 3200 Dallas, Texas 75202 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT is made and entered into this day of , 1996 by and between MetLife Capital Portfolio Investments, Inc., a Nevada corporation ( "MetLife "), and the City of Hutchinson, a Minnesota municipal corporation (the "City"). RECITALS: A. MetLife currently holds a first mortgage (the "Mortgage ") on certain property • located within Hutchinson Mall Plat 2, the legal description of which is as follows: Lot One (1), Block One (1), Hutchinson Mall Plat 2, according to the plat thereof on file and or record in the office of the County Recorder, McLeod County, Minnesota B. The Mortgage is duly recorded as Document Number 252553, in Book 308, beginning at Page 91 of the records of the McLeod County Recorder, Minnesota; C. The City of Hutchinson, as part of a road reconstruction and utility improvement program, requires certain real property interest to either be conveyed or for certain other interests to be subordinated to the interests of the City of Hutchinson; D. The property involved in this transaction is owned by the Mark Cobom and Chris Cobom Real Property Family Partnership, a partnership under the laws of the State of Minnesota ( "Coborn's "); E. The parties hereto have reduced their agreement to writing. NOW THEREF IN CONSIDERATION of the mutual promises set forth herein and for other good an valuable consideration, receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: • Fj RPDA L 69997.1 1741600711 n_r 0 1. nt of asem n . Coborn's has granted an easement to the City by executing and delivering an easement agreement (the "Easement Agreement ") in the form attached hereto, marked as Exhibit "A" and incorporated as if fully set out herein, covering the following described real estate: The south 10 feet of the east 392 feet of the north 27 feet of Lot 1, Block 1, Hutchinson Mall Plat 2, McLeod County, Minnesota. 2. Subordination MetLife agrees that the lien created by the Mortgage shall be subordinate and junior to the interests of the City as set forth in the Easement Agreement, but that in all other respects, the lien of the Mortgage remains in full force and effect. 3. Successors and Assigns All parties agree that the covenants and commitments set forth herein shall run with the land and be binding upon the successors and assigns of each and every party. WHEREFORE, the parties hereto have set their hands the date and year first above written. METLIFECAPITALPORTFOLIOINVE .STMENTS, INC., a Nevada corporation • By: Print: Title: CITY OF HUTCHINSON, a Minnesota municipal corporation By: Print: Title: Attest: City Administrator • �3 R M A L 69997.1 12416 -00111 0 STATE OF COUNTY OF This instrument was acknowledged before me on _, 1996 by as of METLIFE CAPITAL PORTFOLIO INVESTMENTS, INC., a Nevada corporation, on behalf of said corporation. Printed Name: Notary Public in and for the State of My Commission Expires: STATE OF COUNTY OF • This instrument was acknowledged before me on _, 1996 by as of CITY OF HUTCHINSON, a Minnesota municipal corporation, on behalf of said corporation. Printed Name: Notary Public in and for the State of My Commission Expires: 0 RFDAL:69997.1 12416-00411 0 the Easement Agreement • WA RHDAL:68997.1 12416-00411 Ear. THIS INDENTURE, Made this �-; day of 4 „;4 , 199s; , by and between the Mark Coborn and Chris Coborn Real Property Family Partnership, a partnership under the laws of the state of Minnesota, party of the first part and the City of Hutchinson, a municipal corporation under the laws of the State of Minnesota, party of the second part: WITNESSETH: THAT, for and in consideration of the sum of One Dollar and other good and valuable consideration in hand paid to the party of the first part by the party of the second part, receipt of which is hereby acknowledged said party of the first part do • hereby grant, bargain, sell, convey and warrant to the party of the second part, its successors, or assigns, forever, an easement, with the right, privilege, and authority to said party of the second part, its successors, assigns, lessees, and tenants, to construct, erect, operate and maintain, underground storm sewer, sanitary sewer, water mains, and other utilities on, along, over, through, across, or under the following described lands lying and being in the County McLeod, State of Minnesota, to -wit: The South 10 feet of the East 392 feet of the North 27 feet of Lot 1, Block 1, Hutchinson Mall Plat 2. Together with the right of said party of the second part, its successors and assigns, to place, erect, maintain, inspect, and relocate at will, underground sewer, sanitary sewer, water • 113091 119,091 \6. M.ML 1 0 mains, and other utilities, adding thereto from time to time, across, through, over or under, the above described premises, to cut and remove from said premises on either side any trees, or other obstructions, which may endanger the safety or interfere with the use of said sewer, water mains, and other public utilities, fixtures or any structures on said premises; and the right of ingress and egress to and over said above described premises for the purpose of repairing, renewing, or adding to said sewer, water main, sanitary sewer, and other public utilities, and for doing anything necessary or useful or convenient for the enjoyment of the easement herein granted; also the privilege of removing at any time any or all of said improvements erected or constructed upon, over, under, or on said lands. Together with the rights, easements, privileges and • appurtenances in or to said lands, which may be required for the full enjoyment of the rights herein granted. Nothing in this easement should be construed to in any way limit, restrict or burden Coborn's present parking arrangements nor require the removal of existing improvements. In the event the City or its agents remove or damage any existing improvements, the City agrees, at its expense, to repair, replace or restore such improvement to their original condition. 127094 119.092 \&A M.ML 2 • I-� • IN TESTIMONY WHEREOF, The said party of the first part has hereunto set its hand the day and year first above written. MARK COBORN AND CHRIS COBORN REAL PROPERTY FAMILY PARTNERSHIP By: Mark Coborn and Family Real Property Partnership, General Partner Mark Coborn, Managing Partner By: Chris Coborn and Family Real Property Partnership, General Partner By _ Chris Coborn, Managing Partner • STATE OF MINNESOTA COUNTY OF S +z-I - SS _ The foregoing was acknowledged before me this 2 day of — ti "'f , 1995, by Mark Coborn, Managing Partner of Mark Coborn and Family Real Property Partnership, General Partner of the Mark Coborn and Chris Coborn Real Property Family Partnership, a partnership under the laws of the Minnesota, on behalf of the partnership. x Ncta Public @9 WU�pI EC��OUNT Y W� STEAR Canes. " RAN • 1]1094 119. D�3 \BASM.ML 3 s STATE OF MINNESOTA ) COUNTY OF eC\ r s ) SS T he foregoing was acknowledged before me this Z day of 4l , -f , 1995, by Chris Coborn, Managing Partner of Chris Coborn and Family Real Property Partnership, General Partner of the Mark Coborn and Chris Coborn Real Property Family Partnership, a partnership under the laws of the Minnesota, on behalf of the partnership. .. f zr Notary Public DRAFTED BY: G. Barry Anderson ARNOLD & MCDOWELL 101 Main Street South �R-WETTER Hutchinson, MN 55350 Not ARYP r, Mr4NesaTA STEARNS COUNTY ( 612 ) 587-7575 YY Came. Ems. Jan. 14,1497 • 119.06 • Ill. Ol3 \BASM.ML 4 0 This document drafted by: Blake A. Bernet Jenkens & Gilchrist 1445 Ross Avenue Suite 3200 Dallas, Texas 75202 PARTIAL RELEASE OF MORTGAGE LIEN THIS PARTIAL RELEASE MORTGAGE LIEN (this "Release ") is executed and delivered by MEtLIFE CAPITAL PORTFOLIO INVESTMENTS, INC., a Nevada corporation ( "Lienholder "). RECITALS: A. Reference is made to that certain Combination Mortgage, Financing Statement, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (the "Mortgage ") dated April 8, 1993, executed and delivered by Mark Coborn and Chris Coborn Real Property Family • Partnership, a Minnesota general partnership ('Borrower ") unto MetLife Capital Corporation, recorded as Document Number 252553, in Book 308, beginning at Page 91 of the records of the McLeod County Recorder, Minnesota, covering, certain real property in McLeod County, Minnesota, being more particularly described therein (the "Property "). B. The Mortgage was subsequently assigned to Lienholder, which is the current owner of the lien and provisions of the Mortgage. C. Borrower with the approval of Lienholder, executed and delivered unto the City of Hutchinson, Minn4ta, a quit claim deed which transferred to the City of Hutchinson, Minnesota that portion of the Property which is set forth on Exhibit A , attached hereto and made a part hereof (the "Release Property "). D. Lienholder desires to release the lien and provisions of the Mortgage from the Release Property. NOW, THEREFORE, Lienholder, the present legal and equitable owner of the lien and provisions of the Mortgage does hereby RELEASE, REMISE and DISCHARGE all of the rights, titles, interests in and to the Release Property which Lienholder may have or to which Lienholder may be entitled by virtue of being the owner of the lien and provisions of the Mortgage and does hereby declare the Release Property fully RELEASED, REMISED and DISCHARGED from the • lien and provisions of the Mortgage. REDA L 68620.1 1241600411 IN WITNESS WHEREOF, Lienholder has executed this Release on the day of • 1996. LIENHOLDER: Nl TLIFECAPITALPORTFOLIOINVF TMENTS, INC., a Nevada corporation By: Print: Title: STATE OF COUNTY OF This instrument was acknowledged before me on 1996 by as of METLIFE CAPITAL PORTFOLIO INVESTMENTS, INC., a Nevada corporation, on behalf of said corporation. Printed Name: Notary Public in and for the State of My Commission Expires: 1] REDAL68620.1 12416 -00411 2 9 Exhibit the Release Property The east 392 feet of the north 17 feet of Lot 1, Block 1, Hutchinson Mall Plat 2, McLeod County, Minnesota. • • REDAL'69620.1 1241600411 9 • DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE" JANE VAN VALKENBURG RICHARD G. NI CATHRYN D. REHER WALTER P. MICHELS. III 'ALSO ADHITTED IN TEY S AND NEW YORK Mr. Blake A. Bernett Jenkens & Gilchrist 1445 Ross Avenue Suite 3200 Dallas, Texas 75202 -2799 May 10, 1996 Re: Hutchinson Mall Plat No. 2 our File No. 3188 -92227 Dear Mr. Bernett: OF COUNSEL RAYMOND C. LALLIER ARTHUR L. OOTEN 5681 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55a16 !612)5459000 FAX (612) 5451793 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 (61 21 389 -22 14 FAX 16 12) 389 -5506 This office represents the City of Hutchinson in connection with the deed and subordination agreement necessary to make traffic improvements that directly benefit the Mark Coborn and Chris Coborn Real Property Family Partnership, the borrower involved in the above referenced matter (MetLife Loan No. 2400193 - 0001). I have reviewed your letter of April 29, 1996. As to your first requirement that a survey must be provided, by carbon copy of this correspondence to Brenda Ewing, Planning Coordinator for the City of Hutchinson, I am requesting that the survey that was performed of the two parcels in questions be provided to you. As you may recall, there are two parcels, one to be deeded directly to the City of Hutchinson (the east 392 feet of the north 17 feet of Lot 1, Block 1, Hutchinson Mall Plat 2, McLeod County, Minnesota) and a second parcel wherein the lien held by MetLife CFC is to be subordinated to a drainage and utility easement granted to the City of Hutchinson (the south 10 feet of the east 392 feet of the north 27 feet of Lot 1, Block 1, Hutchinson Mall Plat 2, McLeod County, Minnesota). As to the second requirement, please find enclosed a copy of the • executed deed and a copy of the executed easement both signed by representatives of the Mark Coborn and Chris Coborn Real Property Family Partnership. The originals are still in the possession of the Rinke Noonan law firm and my understanding is that they will be delivered, once your consent has been obtained. ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (320) 58 7-757 5 FAX (3201 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON 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. Blake A. Bernet May 10, 1996 Page 2 Third, in connection with your requirement that MetLife be provided an endorsement to its title policy in connection with the loan confirming that the above referenced release and subordination will not reduce MetLife's title coverage in any way, please find enclosed a copy of my correspondence to the title company. Fourth, please be advised that the undersigned, as counsel for the City of Hutchinson, certifies that no compensation has been paid to the Mark Coborn and Chris Coborn Real Property Family Partnership or any related entity for the conveyance of the fee title or the easement involved in this transaction. Lastly, you raised the issue of payment of MetLife's costs and expenses including attorney's fees. Certainly the City of Hutchinson expects to pay all recording fees, state deed tax, if any, and related charges. However, the dedication of the right of way was part of the original commitment approving this project and • I don't believe the City should bear this expense. If I am incorrect about this point, please advise. With respect to the final timing of all of these documents, the subordination agreement will need to be approved by the City Council which meets this coming Tuesday, May 14, 1996. I see no reason why matters can't be otherwise concluded between the parties within a very few days thereafter. Please let me know if this is not acceptable to you. Thank you. Best regards. Very truly yours, ARNOLD, ANDERSON & DOVE, P.L.L.P. G. Barry Anderson GBA:lm Enclosures CC Brenda Ewing 0 s • • • • r , MAY 9 -1996 CITY -IF HL- SON M/7 �' vo -`�y� v s'S.jsy 0 r7, OPEN -HOLD COUNCIL REPORT TUE, MAY 14, 1996,. 1:38 PM page 1 -------------------------------------------------------------------------------------------------- - 1984 PARKING BDS MCLEOD COUNTY TREASURER 1ST HALF PROPERTY TAXES $1,012.00 < *> $1,012.00* . IMPROV. BDS AM.NATIONAL BANK 1990 TICB MAXIMUM TECHNOLOGIES 1990 TIDS AM.NATIONAL BANK 1994 IMPROV. D S MCLEOD COUNTY TREASURER 1995 IMPRO CONST BAUERLY BROS INC. INTEREST ENVIRON CONSULT- GWATER MONITOR PAYING AGENT FEES 1ST HALF PROPERTY TAXES EST #7 -APRIL 1996 1996 IMPRO CONST COMM TRANSPORTATION SOUTH GRADE ROAD PROJECT DORSEY & WHITNEY 1995 SIMONSON LUMBER REDEVELOP OSM PROFESS SERV -LUCE LINE IMPROV CAP.IMPRO.FUND COAST TO COAST STAPLES DAVID SKAAR STUDIO FRAMING OF DEPARTMENT PHOTOS ENDLESS POSSILIBITIES CABINETS CABINET LOCK, LABOR KABLE CONNECTION, THE 4 CU FOOT REFRIGERATOR LOGIS APRIL SERVICE QUADE ELECTRIC ELEC WIRING IN BASEMENT CENTRAL GARAGE ASPEN EQUIPMENT CO • BRANDON TIRE CO CARQUEST AUTO PARTS CITY OF HUTCHINSON COAST TO COAST DYNA SYSTEMS FORTIS BENEFITS G & K SERVICES HUTCHINSON WHOLESALE JERRYS TRANSMISSION LOEW'S CYCLE & RECREATION LONG LAKE TRACTOR & EQUIP MAC TOOLS DISTRIBUTOR MACQUEEN EQUIP INC MARKS TV MN DEPT OF REVENUE MN MUTUAL LIFE PLOWMANS POSTAGE BY PHONE SCHRAMM IMPLEMENT SILVER SHIELD SNAP ON TOOLS CORP SORENSEN FARM SUPPLY STATE OF MINNESOTA STEWARD ENTERPRISES TERMINAL SUPPLY CO TWO WAY COMM INC WIGEN CHEVROLET CO ECON. DEV. LOAN ERICKSON & TEMPLIN 1"21dlOZ4.1fi s)My, r , L_J AAGARD WEST AKRE, DANIEL CYL PIN, FREIGHT DISMOUNT,MOUNT TIRE- SLUDGE TRK OPERATING SUPPLIES MAY MEDICAL NUTS, BOLTS SEALING TAPE, DISPENSER MAY LTD UNIFORMS OPERATING SUPPLIES TUBE, INSERT & TEE HOSE REPAIR WHEEL SEAL -JOHN DEERE SIDE POST CLEANER, WHEEL CVR FLANGES, GREASE FIT SUP FULL -WAVE BRIDGE HYD BOOSTER MAY LIFE SOCKET APRIL POSTAGE MOTOR, STR SILVER SHIELD PICKUP COVER CLUTCH, PIPE EXP CHAIN LINKS DECALS FOR MN VEHICLES HYD BOOSTER QUICK COTE LABOR -CLEAN SWITCHES REPAIR TURN SIGNALS -84 GMC RED ROCK - SOLITRA MAY SERVICE 4 GAMES WORKED $139,475.00 $139,475.00* $1,073.50 $1,073.50* $204.60 $204.60* $2.00 $2.00* $10,633.23 $10,633.23* $194,494.26 $3,408.70 $273.00 $198,175.96* $5.20 $270.47 101.40 212.99 $15,586.96 $515.50 $16,692.52* $57.23 $5,401.55 $457.69 $432.09 $9.78 $77.91 $18.86 $66.59 $250.21 $84.50 $12.62 $337.10 $35.68 $1,225.66 $5.33 $6.44 $6.72 $134.51 $15.27 $117.10 $865.03 $95.18 $9.41 $6.00 $99.00 $78.92 $30.00 $38.12 $9,974.50* $1,056.00 $1,056.00* $814.20 $20.00 11-A OPEN -HOLD COUNCIL REPORT TUE, MAY 14, 1996, 1:38 PM page 2 ----------------------------------------------------------------------------------- GENERAL FUND ALBINSON MAGNETIC LOCATOR - --- ---- $732.78 - -- - -- ALLEN OFFICE PROD MOUSE PADS, WRIST REST S82.78 ALLEN, JEAN REFUND SENIOR TOUR 55.00 ALSLEBEN, VERNA REFUND SENIOR TOUR 55.00 . AM.WELDING SUPPLIES OPERATING SUPPLIES $75.22 AMERICAN MANAGEMENT ASSOC BOOKS $521.29 ARLT, VIC SIGN LETTERING $:6.00 ARNOLD & MCDOWELL APRIL COMPENSATION $6,666.00 BAERTSCHI & ASSC SUBSCRIPTION RENEWAL 575.00 BARKEIM, ELDEN REIMB FOR SAFETY SHOES $60.00 BAUMETZ, BONNIE MILEAGE FOR WORKSHOP 5:7.80 BEACON BALLFIELDS SPARKLE _ BECKER ARENA PRODUCTS POLYCARBONATE SHEET $,7.85 BENNETT OFFICE SUP. SERVICE CON 5_0.00 BRANDON TIRE CO DISMOUNT -MOUNT & PATCH TIRE BREMIX CONCRETE CO 1/2 " RODS $25.78 BRINKMAN STUDIO PHOTOFINISH $29.76 BRODD, JIM FIRE SCHOOL $141.10 BRYAN ROCK PRODUCTS RED BALL DIAMOND AGG $1,827.77 BUSINESSWARE SOLUTIONS LAPTOP COMPUTER SYSTEM $3,858.02 CADD /ENGINEERING SUPPLY BLUELINE $121.39 CALCULATED INDUSTRIES MEASURE MASTER $65.90 CARLSON, GARY STATE FIRE SCHOOL $459.30 CARQUEST AUTO PARTS MUFFLER, ETC $159.39 CARR FLOWERS GREEN PLANTS -E PAULSEN $26.63 CASH WISE PHOTO DEPARTMENT $16.36 CDI OFFICE PRODUCTS LTD INDEX BINDER $5 ?3.22 CENTRAL GARAGE MARCH REPAIRS $8,8_2.53 CENTURY LABS OPERATING SUPPLIES $558.68 CITY OF HUTCHINSON COBRA MEDICAL - MAY - MATTSFIELD $29,778.19 CITY OF HUTCHINSON - GENERAL FUN STATE SURCHARGE -BP #12915 $1.26 COAST TO COAST PARTS $803.42 COMM TRANSPORTATION HANGAR LOAN PAYMENT $700.00 COMSTOCK DAVIS INC PROFESS SERV - SCHOOL RD EXTENS $435.00 CROW RIVER AREA QUALITY COUNCI APRIL SESSION $65.00 CROW RIVER GLASS 1/8" TEMP GLASS -FLOOD LAMP $216.44 CULLIGAN WATER COND SOLAR SALT $5.50 CUSHMAN MOTOR CO. BRUSH HOLDERS $174.37 DAAK, MIKE HOURS WORKED $25.00 DAY TIMERS INC STD FILLER SET $24.85 • DEPT NATURAL RESOURCES DEPT OF PUBLIC SAFETY -OISM DNR REG FEES CONNECT & OPER CHGS -QTR 1 $2,381.00 $350.00 DEVRIES, JENNIFER BIKE BONANZA $20.00 DOSTAL, ROSA INTERPRETOR FEES -1HOUR $ 1 15.00 EARL ANDERSON ASSOC TRAFFIC PAINT, REFLECTIVE BDS $4,577.85 ERLANDSON, DAVID REIBM- POUCH, SUSPENDER $36.68 FESTIVAL FOODS OPERATING SUPPLIES $255.93 FITZLOFF HARDWARE SINK TRAP, FASTENERS $110.87 FOGG, MIKE BASKETBALL OFFICIAL $54.00 FORD, JAMES REIMB- SAFETY GLASSES $38.65 FORMS & SYSTEMS AUTHORIZ FORMS $254.35 FORTIS BENEFITS MAY LTD $1,452.15 G & K SERVICES UNIFORMS $731.51 GALL'S INC WHISTLES & CHAINS $31.91 GENERAL OFFICE PRODUCTS CO ARMREST, CASTERS $73.27 GREAT PLAINS SUPPLY CEDAR FOR PARK SIGNS $113.73 GRIMSTAD, JOEL FIRE SCHOOL $50,00 GUARDIAN PEST CTL PEST CONTROL $24.81 HAGER JEWELRY ENGRAVING, PLATES $23.30 HAGGERT, LEROY REFUND FOR TREE APPLICATION $_5.00 HANSEN GRAVEL LANDFILL 5 YDS $36.25 HARTLAND AVIATION AVIATION FUEL $10,332.18 HIGGINBOTHAM, RUTH REFUND SENIOR TOUR $19.00 HILLYARD FLOOR CARE / HUTCHINSON KITCHEN ROLL $520.69 HUIRAS, TIM FIRE SCHOOL $53.00 HUTCH COMM HOSPITAL VACCINE $189.50 HUTCH CONVENTION & LODGING TAX FOR MARCH $4,179.50 HUTCH COOP CENEX FUEL $1,173.59 HUTCH FIRE & SAFETY EXTINGUISHER RECHARGE $32.98 HUTCHINSON LEADER APRIL ADS $1,089.95 HUTCHINSON TEL CO - MAY SERVICE $4,6E6.90 HUTCHINSON UTILITIES PHOTO EYE $5,4;5.30 HUTCHINSON WHOLESALE REPAIR & MAINTENANCE SUPPLIES $23.35 HUTCHINSON- WILMAR TECH COLLEGE ROOM USE -MARCH 27 & 26 $120.00 INK SPOTS ENVELOPES $379.98 JEFF'S ELECTRIC SET MOTORS- ROBERTS PARK LIFT $52.00 r OPEN -HOLD COUNCIL REPORT TUE, MAY 14, 1996, 1:38 PM -------------------------------------------- GENERAL FUND JILEK, CLARA -- - - ---- JOHNSON, RUSSELL $45.00 K MART PEN, ORGANIZER KALENBERG FARMS KARG, LARRY $19.00 KRUEGER, HAROLD REIMB FOR MUTCD TRAINING L & P SUPPLY CO LAKE HARRIET FLORIST $75,00 LARSON, MARK HY -GARD LASER GRAPHICS LENNES, RICHARD $25.00 LEVY, NORITA REIMB FOR SAFETY SHOES LITTLE DUKES LOGIS $889.30 MANKATO MOBILE RADIO SERVICES FOR APRIL MARCO BUS.PRODUCTS MCGARVEY COFFEE INC $48.00 MCLEOD COOP POWER CAR WASHING MCLEOD COUNTY TREASURER MCOA $5,341.77 MEIER, DOUG SERVICE CALL MERKINS, KYLE MIDWEST CABLEVISION $213.59 MINNCOMM PAGING COFFEE MINNESOTA COUNSELING CENTER MN DEPT OF REVENUE $1,388.56 MN ELEVATOR INC. 1ST HALF PROPERTY TAXES MN FENCE & SUPPLY MN MUTUAL LIFE $25.00 MN STATE ARMORY BLDG.COMM MN AIRPORT SYMP - MEALS, MIL,LDG MOON, DOLF MORTENSEN, KAROL $64.67 MR. MOVIES MAY SERVICE MUELLER, DAVE NATL REC & PARK ASSC $27.16 NEYS, MARK SERV RENDERED- STEVEN PASCHKE NIES, JEFF NIES, MICHELLE $88.90 NO STATES SUPPLY INC ELEVATOR SERVICE NORTH STAR TURF • NTOA OLD LOG THEATRE $1,093.61 OLSON, BETHANY COBRA MAY- LIFE - MANGEN ON CUE PIONEER $7,000.00 POLICE INSTITUTE MEALS POSTAGE BY PHONE PRESTIGE FOODS $203.00 PUBLIC SAFETY EQUIP CO MOVIE RENTAL QUADE ELECTRIC QUANTUM LABS $66.88 QUILL CORP RENEWAL RESPOND SYSTEMS RUNBERG, RICK $229.50 RUNNING'S SUPPLY FIRE SCHOOL RUSCH, IRWIN & LYLA SCHRUPP, CLARENCE & HELEN $140.00 SCHWARTZ, CARRIE 12 OZ JACKETED BALL PEIN SEVEN WEST WASH & DRY SHIELY COMPANY $75.18 SHUFELT, JEFF MEMBERSHIP DUES 1996 SIMPLEX TIME RECORDER CO SORENSEN FARM SUPPLY $795.50 SRF CONSULTING GROUP BIKE BONANZA STANDARD PRINTING STOTTS, CASEY $11.18 STREICHERS SAFETY CLR ENAML SUBWAY TEMPLETON INC $90.00 TEPLY, TODD APRIL POSTAGE TREADWAY GRAPHICS TRI CO WATER COND $169.33 TRIPLE G DISTRIBUTING INC CALIBRATION OF RADAR UNITS TWO WAY COMM INC UHL CO. $19.12 UNIFORMS UNLIMITED page -------------------- REFUND SENIOR TOUR ---- ----- $5.00 -- - - ---- REIMB SAFETY SHOES $45.00 PEN, ORGANIZER $25.52 ADDITIONAL AMOUNT OWED $19.00 REIMB FOR MUTCD TRAINING $20.00 SENIOR DINNER DANCE $75,00 HY -GARD $1,931.91 FLORAL ARRANG -J DEMAYER $25.00 REIMB FOR SAFETY SHOES $35.97 WATERBOTTLES $889.30 SERVICES FOR APRIL $2,292.78 REIMS FOR GERANIUMS PURCHASE $48.00 CAR WASHING $68.16 APRIL SERVICE $5,341.77 SERVICE CALL $235.00 ENVELOPES $213.59 COFFEE $96.10 APRIL UTILITIES $1,388.56 1ST HALF PROPERTY TAXES $1,370.00 1996 MEMBERSHIP $25.00 MN AIRPORT SYMP - MEALS, MIL,LDG $94.75 REFUND LEAGUE OVERPAYMENT $64.67 MAY SERVICE $5.21 MAY -JULY SERVICE $27.16 SERV RENDERED- STEVEN PASCHKE $250.00 DESK, SECRETARIAL RETURN $88.90 ELEVATOR SERVICE $65.00 CYCLONE FENCE RAIL, TIES $1,093.61 COBRA MAY- LIFE - MANGEN $514.50 CONST COST PYMT -NATL GRD ARMRY $7,000.00 MEALS $14.36 REFUND SOFTBALL OVERPAYMENT $203.00 MOVIE RENTAL $2.25 REIMB -BIKE PATROL EYEGLASSES $66.88 RENEWAL $215.00 SOCCER HOURS - $229.50 FIRE SCHOOL $50.00 HOURS WORKED $140.00 12 OZ JACKETED BALL PEIN $53.63 GENERAL TURF MIXTURE $75.18 MEMBERSHIP DUES 1996 $30.00 THEATER & LUNCH FOR 43 SENIORS $795.50 BIKE BONANZA $20,00 PAYMENT FOR BOOK $11.18 SAFETY CLR ENAML $128.44 REG -D ERLANDSON & C JONES $90.00 APRIL POSTAGE $2,225.72 FOOD CATERING $169.33 CALIBRATION OF RADAR UNITS $175.00 LAMPS $19.12 LATEX GLOVES $147.86 CHAIR MAT, POCKET $356.01 SAFETY GLASS $192.96 ADAP REC ENTERTAINMENT $100.00 FEEDERS, COUPLER $117.44 REFUND SENIOR TOUR $10.00 REFUND SENIOR TOUR ,510.00 HOURS WORKED $166.25 REC CENTER LAUNDRY $14.16 PARKS DE LILYDALE REC ROCK $340.50 FIRE SCHOOL $50.00 FIRE ALARM BATTERY & SERVICE $289.35 WELDING RODS $19.86 PROFESS SERV -LGHT TRAFFIC $28,265.70 CARTRIDGE $45.68 FIRE SCHOOL $231.70 SCOPE $317.29 PARTY SUB $133.13 EMPLOYER CONTRIB APRIL 1996 $238.90 MIDDLE SCHOOL DANCE $350.00 T SHIRTS, BUMPER STICKERS $82.94 SALT $60.81 POP PURCHASE $43.20 CELL PHONE PART $9.59 SERVICE FOR APRIL $800.00 RAIN JACKET $816.26 I I 1 LJ OPEN -HOLD COUNCIL REPORT TUE, MAY 14, 1996, 1:38 PM GENERAL FUND UNITED BLDG CENTERS PEGBOARD US CAVALRY TROUSERS, SUB URBAN US WEST COMMUN MAY SERVICE WAAGE, RICHARD MEALS -JAN- APR /COURT CASES WACKER, GREGG FIRE SCHOOL WAL -MART CUPS, GLUE, FOIL, COFFEEWARMR WENDLANDT TREE SERVICE STUMP GRINDING WILSON, KEVIN EXPENSES FOR BIKE PATROL WOODS, NESHA BIKE BONANZA HAT -FAC. CONST. COAST TO COAST PAINT UNITED BLDG CENTERS BUILDING MATERIALS HOSPITAL BONDS AM.NATIONAL BANK PAYING AGENT FEES < HOUSING REDEV BERG -WAY CONST AND RICK HEIDEC ROOFING YLINIEMI CONST & LAWERNCE WINT BASEMENT WINDOWS $251.95 $29.60 $207.21 $99.93 $231.70 $56.74 $40.47 $528.56 $20.00 $160,412.77* $15.91 $25,062.54 $25,078.45* $269.10 $269.10* $3,900.00 $896.15 $4,796.15* HUTCH TRANS FAC. BARNARD COMMUNICATIONS RELOCATED COMPUTER & SOFTWARE $1,628.00 COAST TO COAST CLEANING SUPPLIES $13.79 G & K SERVICES UNIFORMS $153.99 HILLYARD FLOOR CARE / HUTCHINSON HAND CLNR, WHITE TOWEL $71.89 HUTCHINSON TEL CO MAY SERVICE $304.97 HUTCHINSON UTILITIES GAS & ELECTRIC $3,525.40 KLEESPIE CARD MAGSTRIPE $292.92 MCLEOD COUNTY TREASURER 1ST HALF PROPERTY TAXES $7,866.07 MN DEPT OF REVENUE LABELS $10.81 POSTAGE BY PHONE APRIL POSTAGE $2.24 RUNNING'S SUPPLY LETTERS $82.91 SCHMELING OIL CO ID STICKERS FOR FUEL TANKS $23.70 WITTE SANITATION APRIL SERVICE $63.37 < *> $14,040.06* O R.ANCE FUNDS CASH WISE FOOD PURCHASES $64.91 CREATIVE PROMOTIONS SPORT WATCH $9.83 < *> $74.74* LIQUOR STORE AAGARD WEST APRIL SERVICE $45.20 AM.LINEN SUPPLY CO WEEKLY DELIVERIES $148.23 AMERICAN LEGION POST 542 AD FOR STATE CONVENTION $52.50 ARANGO CIGAR CO MAY MISC TOBACCO PURCHASE $647.45 BERNICKS PEPSI COLA APRIL MISC POP PURCHASE $260.36 CDI OFFICE PRODUCTS LTD APRIL PURCHASES - LIQUOR HUTCH $218.08 CITY OF HUTCHINSON MAY MEDICAL $864.18 COAST TO COAST CONTRACT REPAIR & MAINTENANCE $65.18 FESTIVAL FOODS OPERATING SUPPLIES $36.58 FORTIS BENEFITS MAY LTD $35.68 HENRYS FOODS INC OPERATING SUPPLIES $1,680.27 HERMEL WHOLESALE OPERATING SUPPLIES $478.31 HUTCHINSON LEADER APRIL ADS $116.49 HUTCHINSON TEL CO MAY SERVICE $144.44 HUTCHINSON UTILITIES GAS & ELECTRIC $749.00 JORDON BEVERAGE INC. MAY BEER PURCHASE $23.50 KARP RADIO APRIL ADS $16.00 LEHMANN FARMS MAY MISC PURCHASE $91.78 LENNEMAN BEVERAGE DIST. INC MAY BEER PURCHASE $2,911.55 LOCHER BROS INC MAY BEER PURCHASE $13,228.60 LUNDHOLM, LORI WASH WINDOWS $42.60 MN DEPT OF REVENUE APRIL TOBACCO TAX $357.56 MN MUTUAL LIFE MAY LIFE $12.60 POSTAGE BY PHONE APRIL POSTAGE $12.48 QUALITY WINE & SPIRITS CO. MAY BEER PURCHASE $482.83 STANDARD PRINTING TAPE CASSETTE ,5238.25 TRI CO WATER COND BOTTLES WATER $21.08 TRIPLE G DISTRIBUTING INC APRIL MISC POP PURCHASE $13,823.90 VFW POST 906 DONATION TO POPPY PROGRAM $12.00 page 4 u OPEN -HOLD COUNCIL REPORT TUE, MAY 14, 1996,. 1:38 PM CONTRIB page 5 ______________________________________________________________________ LIQUOR STORE VIKING COCA COLA _____________ APRIL MISC POP PURCH _____ _____ $197.60 __ _____ WINE SPECTATOR SUBSCRIPTION $40.00 EMPLOYEE < *> $158.93 137,054.28* ICMA RETIREMENT TRUST D OLL FUND RURAL F. D WATER /SEWER FUND 40 AETNA VARIABLE LIFE ASS. CO. EMPLOYEE CONTRIB $690.00 $249.18 GREAT WEST LIFE INS. CO. EMPLOYEE CONTRIB $100.00 STEERING ROD H.R.L.A.P.R. EMPLOYEE CONTRIB $158.93 ICMA RETIREMENT TRUST EMPLOYEE CONTRIB $2,761.91 $1,734.05 PERA LIFE INS CO. EMPLOYEE CONTRIB $136.50 CABLE PERA - D.C.P. EMPLOYEE CONTRIB $52.02 PRUDENTIAL EMPLOYEE CONTRIB $155.00 $181.31 PRUDENTIAL MUTUAL FUNDS EMPLOYEE CONTRIB $30.00 BATTERIES, TAPE, CLAMP PUBLIC EMPLOYEES EMPLOYEE CONTRIB $14,077.17 TEMPLETON INC EMPLOYEE CONTRIB $448.46 $2,196.38 WADELL & REED EMPLOYEE CONTRIB $150.00 ELECTRODE, HOLDER, O RING WITHHOLDING TAX ACCT EMPLOYEE CONTRIB $29,873.94 CLEANER $3.93 $48,633.93* $19.63 HENKE, GARY HUTCH COOP CENEX REIMB FOR FUEL APRIL FUEL $32.90 $168.69 $201.59* AAGARD WEST ALLIED SERVICES OF HUTCHINSON AM.WATER WORKS ASSN ARNOLD'S OF GLENCOE AUMA ACTUATORS B.A. LIESCH ASSOCIATES BENNETT OFFICE SUP. BRANDON TIRE CO BUSINESSWARE SOLUTIONS CASH WISE CENTRAL GARAGE CHEMSEARCH CITY OF HUTCHINSON COAST TO COAST CROW CHEMICAL CO CROW RIVER AREA QUALITY COUNCI D.P.C.IND.INC DATASTREAM SYSTEMS FADDEN PUMP CO. FEED RITE CONTROLS FESTIVAL FOODS FITZLOFF HARDWARE FORTIS BENEFITS G & K SERVICES HACH COMPANY HARRIS CONTRACTING HENRY & ASSOCIATES HUTCH COOP CENEX HUTCHINSON LEADER HUTCHINSON TEL CO HUTCHINSON UTILITIES HUTCHINSON WHOLESALE IMPERIAL PORTA THRONES INSTRUMENTATION SERVICES INC JOHNSON, DOUGLAS LAMPLIGHTER II LANZ, JERRY LOGIS MACRO SCIENTIFIC MCNELLY GROUP MIDWEST MACHINE TOOL SUPPLY MN DEPT OF REVENUE MN MUTUAL LIFE MN VALLEY TESTING LAB MPCA NCL POSTAGE BY PHONE QUADE ELECTRIC RESPOND SYSTEMS RUNNING'S SUPPLY RUST ENVIRONMENT APRIL PICKUP $26,454.08 DIAPHRAM REPAIR KIT $249.18 ANNUAL DUES $93.00 STEERING ROD $47.64 FREIGHT CHARGE FOR INVOICE $91.33 PROFESS SERV- COMPOST APPLIC $235.00 WORK STATION $1,734.05 TUBE, MOUNTING $45.78 CABLE $470.44 COFFEE $19.74 MARCH REPAIRS $966.65 POLY SPRAYER & ND -290 $181.31 MAY MEDICAL $4,266.71 BATTERIES, TAPE, CLAMP $255.87 PH7Q, CLEANER $58.04 APRIL SESSION $10.00 CHLORINE $2,196.38 SUPPORT $596.25 ELECTRODE, HOLDER, O RING $87.08 PHOSPHATE $4,751.35 CLEANER $3.93 FLASHLIGHT, BATTERIES, HOSE $19.63 MAY LTD $200.14 UNIFORMS $290.17 BOTTLES, THERMOMETER $84.24 INSTALL REDUCED PRESS ZONE $480.00 PLUG, REPAIR CLAMP $145.69 APRIL FUEL $182.87 APRIL ADS $1,328.08 MAY SERVICE $606.22 ELFC 4 6R,S. $19,926.34 BULBS $69.69 APRIL RENT - COMPOST SITE $49.52 ENMET OXYGEN CELL $109.39 NTT SCHOOL $305.91 MEALS - OPERATIONS AWARD $174.77 REIMB FOR SAFETY SHOES $45.00 APRIL SERVICE $1,694.21 HAND CREAM $37.30 COMPOSTING CONSULT SERVICES $325.00 VANE $12.54 SALES TAX- REFUSE WATER SEWER $3,376.85 MAY LIFE $70.35 WATER TESTS $140.00 WORKBOOKS $96.00 METER $568.00 APRIL POSTAGE $77 CAPACITOR $89.46 SAFETY SUPPLIES $64.00 CORD EXTENSION $14.90 PROFESS SERV- CONSERV & E RESP $395.04 0 OPEN -HOLD COUNCIL REPORT TUE, MAY 14, 1996, 1:38 PM page ---------------------------------------------------------------------------------------------------- WATER /SEWER FUND SANIFILL INC LOADS FOR 4/15 TO 4/19 $3,956.84 SERCO LABORATORIES WATER TESTS $578.00 STANDARD PRINTING SHEET PROTECT, PUNCH, LEAD $233.41 TRI CO WATER COND SALT $15.66 UNIVERSITY OF MN YEARLY SOIL TESTING $264.00 WAL -MART CORKBOARD $16.95 WATER ENVIRONMENT FED 1996 MEMBERSHIP $128.00 WITTE SANITATION EMPTY DUMPSTER $100.00 < *> $79,085.27* $747,945.65* VIRE TRANSFERS LIQUOR FUND PAYROLL FUND MN DEPT OF REVENUE MN DEPT OF REVENUE SALES TAX WITHHOLD TAX $14,974.00 4D $6,038.93 L-A IMMEDIATE PAY COUNCIL REPORT TUE, MAY 14, 1996, 1:38 PM page 1 ---- ---------- CENTRAL GARAGE — --- ---- - - - - -_ ---------------- SUPERIOR FORD INC _---- _----- _--- _------ — PURCHASE 1996 FROD CRN VIC -----_---- $14,450.00 ---- - - -- — UNIVERSITY OF MN REG -DOUG MEIER $50.00 < > $14,500.00* O RAL FUND COLLABORATIVE, THE 2 REGISTRATIONS $310.00 DEPT NATURAL RESOURCES DNR TO STATE $2,263.00 EDAM REG -MARY BETH SCHAUFLER $20.00 LEAGUE OF MN CITIES CONFERENCE REGISTRATION $2,896.79 WOODHALL, DOUGLAS REG -DOUG JOHNSON, ERIC KILIAN $700.00 < *> $6,189.79* LIQUOR STORE CITY OF HUTCHINSON LOTTERY PAYMENT $1,496.00 CITY OF HUTCHINSON - GENERAL FUN PAYROLL 4/26/96 $6,290.87 FRIENDLY BEVERAGE CO APRIL BEER PURCHASE $1,577.30 GRIGGS COOPER & CO APRIL LIQUOR PURCHASE $7,408.30 JOHNSON BROTHERS LIQUOR CO. APRIL LIQUOR PURCHASE $16,871.40 JORDON BEVERAGE INC. APRIL BEER PURCHASE $2,772.25 LENNEMAN BEVERAGE DIST. INC APRIL BEER PURCHASE $4,068.10 LEO'S TRANSFER APRIL LAST HALF SHIPPING $583.89 LOCHER BROS INC APRIL BEER PURCHASE $12,824.50 PAUSTIS & SONS APRIL WINE PURCHASE $1,943.79 QUALITY WINE & SPIRITS CO. APRIL BEER PURCHASE $2,279.97 TRIPLE G DISTRIBUTING INC APRIL POP PURCHASE $22,142.80 < > $80,259.17* PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. EMPLOYEE CONTRIB $690.00 AMERICAN FAMILY INS CO. EMPLOYEE CONTRIB $89.16 GREAT WEST LIFE INS. CO. EMPLOYEE CONTRIB $100.00 H.R.L.A.P.R. EMPLOYEE CONTRIB $158.93 ICMA RETIREMENT TRUST EMPLOYEE CONTRIB $2,761.91 PERA LIFE INS CO. EMPLOYEE CONTRIB $124.50 PERA - D.C.P. EMPLOYEE CONTRIB $52.02 PRUDENTIAL EMPLOYEE CONTRIB $155.00 PRUDENTIAL MUTUAL FUNDS EMPLOYEE CONTRIB $30.00 PUBLIC EMPLOYEES EMPLOYEE CONTRIB $14,209.08 TEMPLETON INC EMPLOYEE CONTRIB $248.46 WADELL & REED EMPLOYEE CONTRIB $150.00 WITHHOLDING TAX ACCT EMPLOYEE CONTRIS $30,120.95 < > $48,890.01* WATER /SEWER FUND CRAGUN'S CONF.CENTER REG /WATER SCHOOL -SCOTT HANSON $328.58 LEAGUE OF MN CITIES CONF REGISTRATION < *> $ $245.00 573.58* $150,412.55* TO: Mayor and City Council • ' • 1 • ` , 1 FROM: Dolf Moon, Director PRCE DATE: May 9, 1996 RE: Blue Line Club Donation The PRCE Advisory Board granted the request by the Blue Line Club to upgrade the High School locker room and construct a new locker room utilizing a portion of the Civic Arena storage area. • The project cost estimate is $25,000 and will include lockers, lighting, flooring, • heating and ventilation improvements as well as the construction of locker room #5. This project will benefit both the hockey and figure skating programs, and continues the ongoing rehab of the Hutchinson Civic Arena. We appreciate the willingness and support exhibited by the Hutchinson Blue Line Club. 0 City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Far(612)234 -4240 Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 - Primed on recycled paper - w • • w w May 3, 1996 Mary Haugen Facility & Operations Manager Hutchinson, MN 55350 -3097 Dear Mr. Haugen: M/�SC Sits n FOR YOUR INFORMADOR Congratulations on being selected by the Board of the Minnesota Amateur Sports Commission as a Mighty Ducks grant recipient. The city of Hutchinson has been awarded a grant in the amount of $50,000. In order to accommodate the 30 plus cities who have been awarded grants. we have scheduled an orientation seminar for Tuesday, May 28, 1996 at 1:30 p.m. at the National Sports Center in Blaine. The purpose of this seminar will be to provide the grant forms and related information on the grant program, including: 1) the grant process and timetable 2) review of the draft grant agreement - Attorney General's Office Representative 3) special requirements - Department of Finance Representative 5) special sales tax implications - Department of Revenue Representative I would appreciate it if you could hold your questions and phone calls until the seminar so that we can disseminate the information at one time. We plan on sending a draft contract on/before May 24. Thanks for your consideration and cooperation. Sincerely, Paul D. Erickson Executive Director Minnesota Amateur Sports Commission PDE:11 MINNESOTA AMATEUR Sp RTS C MMI SIGN 1700 105th AVYnue NE • 81arne, Minnosora 55449 -4500 - 612/785 -5630 • fex 6121785 -5649 • tdd 612129T-.5,353 ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP DAVID B. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE ** JANE VAN VALKENBURG RICHARD G. MCGEE CATHRYN D. REHER WALTER P. MICHELS, III 'ALSO 4 MITTEO IN TE %..3 AND NEW YORM Mr. Gary Plotz Hutchinson City Center 111 Hassan Street SE Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON April 29, 1996 Re: Junker Sanitation Our File No. 3244 -92057 I Dear Gary: FOR YOUR INFORMATION OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX IS 12) 545.1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389 -5506 CM -. I am enclosing herewith a copy of an article which appeared in a recent issue of the Minneapolis Star Tribune entitled "Former Users Will Share Landfill Cleanup Costs ". I thought the council would find this document to be of some interest. Please contact me if you have any questions regarding the foregoing. r� L Thank you. Best regards. Very truly yours, D, AND SON & DOV , PLLP O G. Barry Anderson GBA: jm enc. ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (320) 567 -7575 FAX (320) 5874096 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 a Former landfill By ]m Adams Star Tribune Staff Writer St. Croix Valley businesses, municipalities and other waste producers soon will be receiving more bills for their share of an estimated $10 million cleanup of the leaching Junket landfill near Hudson, Wis. Former Stillwater garbage hauler Jim Junket has agreed in principle to take primary re- sponsibility for cleaning the landfill site be leased for It ,years until the state closed it in 1987, officials said. Junker, who has retired to Key West, Fla, and affiliated businesses are re- viewing the agreement and are expected to approve it within a few weeks, said his attorney, Dennis Sullivan - Meanwhile, the Junkerland- fdl Trust, a group of about 20 businesses and cities that used the landfill, has sent bills to more than 300 of the 000 forme landfill users. The trust is seek- ing to recover about $L3 million it spent since assuming opera- tion and cleanup of the 20 -acre landfill a year ago, said its con - sultan4 Joe GrabowskL - Sullidan said Dunker will de- velop a formula to determine -hl - will share-: costs much should be paid b,.y landfill users. He, said Junker will try to reach agreemeitits • with landfill users but will take them to court if necessary. Junket Agree} to a five- poirit cleanup plan proposed by t}1c Wisconsin Department of 13atu- ral Resources, said Assistant At- torney General Flank Remlttg'- ton. The state has spent mote than $3 million, which is Indu ousts. . d- ed in the cleanup The state has , capped the landfill with day and installed monitoring wells and a landfill gas extraction system The trust has been paying for bottled wa- ter for about 70 homes, most which have wells contaminated by chemicals such as trichlor- oethytene, an industrial eleap- ing solvent The homes would receive activated charcoal filters under the cleanup plan. The users include garbage haulers, businesses, schools, and municipalities that sent more than 1 million cubic yards or waste over 14 years to the former gravel pit in Hudsoh Township. Among them are the Minnesota cities of Stillwater, Lake Elmo and Oak Park Heights and 3M, Andersen Win— dows and Nor-Lake Inc. } z 3 i i 8 users cleanup how r - `� MAY 2 -1996 CITY Jr H:= =0N APRIL 30, 1996 FOR YOUR INFORMATION TO: GARY D. PLOTZ, ADMR. CITY OF HUTCHINSON FROM: R. THOMAS GILLASPY STATE DEMOGRAPHER SUBJECT: 1995 POPULATION AND HOUSEHOLD ESTIMATES YOUR APRIL 1, 1995 POPULATION ESTIMATE IS 12505. YOUR APRIL 1, 1995 HOUSEHOLD ESTIMATE IS 4960. • IF YOU HAVE ANY QUESTIONS OR COMMENTS ABOUT THESE ESTIMATES, PLEASE CONTACT THE OFFICE OF STATE DEMOGRAPHER, 300 CENTENNIAL OFFICE BUILDING, 658 CEDAR STREET, ST. PAUL, MINNESOTA 55155 • PHONE (612) 296 -3091. ALL CHALLENGES MUST BE SUBMITTED IN WRITING. PLEASE REFER TO THE ENCLOSED INSTRUCTION SHEET FOR DETAILS. • FIRST , � FEDE kb 0 201 Main Street South, Hutchinson 55350 • (320) 234 -4532 FOR YOUR INFORMATION EQUAL NDM COMMUNITY UPDATE Volume 1996, No. 2 "FIRST HOME FUNDS" may be used for down payment assistance or closing costs for purchasing single family owner- occupied properties. Besides being a first -time homebuyer, eligible households are those that have an annual income at or below 80 percent of the County's area median income. Incomes are adjusted based on actual family size. Grant Funds Available FIRST FEDERAL FSB, in conjunction with the Federal Home Loan Bank of Des Moines has announced a new program which will provide down payment and closing cost assistance to first -time homebuyers. • • Recipients of "First Home Funds" are not required to repay the funds if they retain title to the home they purchase for a period of five years, at which time the "First Home Funds" will be considered a grant and the loan will be forgiven. If title is not retained for a period of five years, all or a portion of the funds may be required to be repaid. Normal underwriting and credit standards must be met. The applicant must also complete an approved homebuyer counseling program. Limited funds are available. • • For further information, please contact the nearest First Federal fsb office or Tammy Wendlandt, First Federal's Community Reinvestment Officer at 320 - 234 -4532. May 1996 100% Home Loan Financing Low -to- moderate income families of rural Minnesota now have the opportunity to purchase a home with very limited funds through the United State Department of Agriculture (USDA) Guaranteed Rural Housing Program offered by First Federal. While preference is given to those purchasing a home for the first time and veterans, the program Is not limited to first time homebuyers. Income limits apply. Family income cannot exceed 115% of median Income as established for each County. For a family of four, 115% of median income would mean incomes ranging from $41,600 to 59,800, based on the County in which the property is located. Loans provided are 30 year, fixed rate mortgages. While there is no restriction on the size or design of the dwelling financed, the home must be structurally sound and in good repair. The property on which the loan is made must be located in a designed rural region as defined by the program. This includes rural areas or rural communities with a population of 25,000 or less. The borrower is responsible for paying origination fees and closing costs. "First Home Funds" may be used by qualifying applicants to assist with these costs. Further details can be obtained from Tammy Wendlandt at 320 - 234 -4532. Hutchinson Main b South • Hastings • Apple Valley • Buffalo • Glencoe • Inver Grove Heights • Litchfield • Waconla • Waite Park • Winthrop Hutchinson Employee Safety Committee i Meeting Minutes 4/24/96 Present. Jim Ford, Tom Kloss, Ron Carter, Floyd Groehler, Dick Nagy, Eldon Barkeim, John Arlt, Gale Boelter. Tom Kloss communicated to the committee that the final draft of the employee safety manual was in its final stages after receiving some suggestions from Hazel Sitz. When the draft is finished it will be forwarded to Gary Plotz for reviewal. Tom also indicated that he was in possession of the software to assist the individual departments in putting their safety programs together. Floyd announced that Casey Stotts would be performing fire extinguisher training at the HATS facility on May 1. Discussion indicated that there was some confusion as to who would participate. Floyd indicated that he would clarify the situation with Casey. John Arlt indicated that he and some other Park department staff would be attending a Berkley/ League seminar. There was some discussion why more employees were not attending. John also reported on the sales of carbon monoxide detectors. The numbers indicated a good response. There was discussion on the possible use of staff from different departments to conduct safety talks where their experience or expertise could benefit. It was reported that some employees where meeting resistance in their request to obtain Hepatitis B vaccinations. The discussion ended with the consensus that it would be left up to the individual department heads. The last topic of the meeting was discussion of requesting a separate budget in 1997 for the safety committee. Next meeting is scheduled for Thursday May 30, 1996, at 10:00 a.m. PIONEERLAND LIBRARY SYSTEM BOARD MEETING • April 18, 1996 •, The PLS Board meeting was held at the Kandiyohic ounty H & H Services building. Meeting was called to order at 7:30 by Chairman Orville Rudningen. Roll call was given 30 members present, 8 members excused and 4 absent. New library board members. Doug Oxenreider- Chippewa county; Connie Lambert- Hutchinson; Sharon Robertson - Litchfield; Al Clouse - Olivia and Ramona Berg -Pent' - Willmar were introduced. Can.field/Gabrielson moved approval of agenda, approved. Madsen/Schweiss moved approval of Jan 25, 1996 minutes as printed, approved. Finance Committee report was given by Sanders. Sanders/Anderson moved approval of December 1995, January, 1996, February 1996 and March 1996 financial reports. Motion carried. The 1995 audit conducted by Westberg & Eischens was reviewed. Houlahan explained the Statement of Revenues. Correction was made on page a to cross out Appleton and insert Dawson. Motion by Sanders/Canfield to approve audit as corrected. Personnel Committee report was given by Vonderharr. Motion by Gabrielson/Sanders to approve the recommendation of 2.5% salary increase across the board for 1997. Rudningen gave the Policy Committee report. Houlahan reviewed the Policy. Shaded areas was recommendations by attorney's, deletions, amendments and new language was underlined. 3 counties will loose aboard member. Renville 3 -1, LqP 2 -1, and Swift ? -1. Motion by Johnson/LaCombe to send Policy to cities and counties for reaction. Final approval will be taken at Mav 16 meetine. Attorney's letter states "We are ajoint Powers Board we do have Liability Insurance ". Hauer gave the Automation Committee report. Houlahaa explained changes in Telecommunications Grant. 1. S 400,000 - $3,000 to each library for equipment plus 57,000 annual Communications cost. =$10,000 per library. 2. a Legislature funded 15,million - not enough for whole state b. Legislature may continue to support for 3 to 4 years. c. reconsider grants on May 16 d. these grants are non- competitive e. Cash Reserve needed - state may ask we pay first and they will reimburse us, Taxincy - automation 'M9 • for every $2 we raise state may come up with S1. How much will it cost our libraries to be automated will be addressed in May. Want all 31 libraries to participate in automation. Committee is searching all methods available for financing this, especially for small libraries. Pioneer library is only system in state not automated. John will ryo through automation at Mav meeting. System Study committee report was given by Canfield. Motion by Canfield/Hauer to approve System Study be sent into state by Mav 30. Introduced the "Recommended Standards for Minnesota Public Libraries" drag. The annual statistical report was corrected to read 1995 rather then 1994 as printed. Rudaingen and Vonderharr reported on Legislative Day at the Capitol. Houlahan explained some of the legislation passed and its effect on us. Canfield/Clouse moved to accept the appointment ofLeRov Sanders and Ivev Vonderhan to the SAMIN IE Governing Board. approved Director Houlahans report included reviewing the office of Library Development and Services report. The next meeting will be lbursday, May 16, 1996 at Appleton. Members are welcome to 0 tour the prison at Appleton at 6:00 P.M. with the Bonrd meeting to start at ;:30 at the . Appleton Civic Center — Ivey Vonderharr Secretary .1 1 "1. v MARCH 31. 1996 CURRENT YEAR -TO CURRENT % OF % OF INCOME: : MONTH DATE BUDGET BUDGET YEAR • orcrovr _ _ _ - U IYOPERATING COUNTY OPERATING STATE OPERATING 7,719.00 10,861.75 000 147,203.25 148,421.40 66 424 00 573,700.00 774,394.00 325 nn 00 26% 19% 20% 25% 25% FEDERAL OPERATING 0.00 0.00 60,000.00 0% 25% 25% CAPITAL GIFTS 5,000.00 1 - 5,000.00 5,500.00 91% 25% 25% INTEREST lfi 561.75 ' 71 A ja 1,610.54 R A00 rin 5,500.00 3 7 % 29% CHARGES, FINES rnoY 905.99 1,316.45 3,985.00 33% 25% 25% Wr w EQUIPMENT RENTALS 2,877 28 99.35 4,4 147.05 17,675 00 325.00 23A6 -� 0% BOOK SALES 45.82 90.42 2,242.00 45% 4% 25% 25% SYSTEM SERVICES 625.00 11,560.00 14,830.00 78% 78% 2 5 % 25% EXTENSION ---- CffHER 100.00 -77.90 6,000.00 -1% 25% 25% PROMOTIONAL 8 PROGRAMS 105.16 1,052.23 - 32 7 6 �.�Wo 4,894.00 22% TOTAL INCOME 32,008.46 391,452.84 1,984,610.00 20% 25% EXPENSES: �SAiAR1E HEALTH INSURANCE 2,788.07 836421 39,927.00 21% 25% HEALTH INSURANCE- DEDUCT 0.00 2 13 440 00 21% 25% I U,15T24 - 30,300. -251K- -- • BOOKS 9,739.24 58,094.01 218,190.00 27% 25% BOOKS- BIG STONE 97.30 472.16 0.00 0% 25% I Ir`AI C __ _._ _ VIDEOS 1,368.21 9,949.02 "v. i w.w 16,825.00 001b 59% 2096 25% BINDINGS 0 00 0 00 130500 0% % OCLC AND OTHER CHARGES 0.00 6,405.25 25,000.00 26% 25% COM VENDOR CHARGES 17,443.64 20,047.19 22,000.00 91% 25% VEHICLE OPERATIONS 5 92935 11 897 20 2Z 500 On 43% VEHICLE INSURANCE 0.00 951.17 0.00 0% 9ry 25% TELEPHONE POSTAGE A SHIPPIIJC: 1,052.83 Q59 C7 3,783.33 3,832.15 16,000.00 11 1 . d9 24% 25% NEW EQUIPMENT 6,878.68 8,906.35 -OO 22,548.00 29% 31% 2596 25% MAINTENANCE CONTRACTS 773.01 1,414.06 44-733414 16,165.00 9% 25% PROMOTIONAL 8 PROGRAMS 105.16 1,052.23 - 32 7 6 �.�Wo 4,894.00 22% 2596 25% MILEAGE - STAFF 835.25 1,321,04 9,000.00 15% 25% MEMBERSHIPS 0.00 1,133.00 0.00 0% 25% INSURANCE 0.00 12,040.00 15,169.00 79% 25% BOOK BOOKKEEPING 04 2,0.00 2,040.00 2,072 -00 98% 25% Pop ttd8 EDde" - -'- 625.00 1,875.00 7,50 2.00 25% 25% qW EXTENSION CONTRACT 2 97138 --- 116.76 392 2,499.90 I 22,677.00 % 11% x'20% 2596 LEGAL FEES 0.00 000 2,500.00 0% 25% TOTAL EXPENSES 153,880.47 494,405.48 1,855,122.00 27% 25% FUNDS AVAILABLE - 121,872.01 -102,95264 129,488 00 .8004, -+cow .•'• - ypl3l.0 OIICCI. ;ed 6:;0 PM Pioneerland Library System March 31, 1996 ay 1 )escription Balance R1 I.L. Type 1 Asset 53.04cr :ASH 550,035.24 ?REPAID EXPENSE 2,596.00 IEHICLES 13,038.00 , URNISHING & EQUIPMENT 288,702.08 ACCUMULATED DEPR- FURN & EQUIP 106,221.00cr 366�f9; PA�idTIidG3; E ACCUMULATED DEPR- BOOKS, PAINT - 819,672.00cr Totals G.L. Type 1 Asset ACCOUNTS PAYABLE 53.04cr A ACCRUED FED TAXES PAYABLE 2,427.48cr ACCRUED STATE TAXES PAYABLE ?ERA 65.70 PAYABLE AAL CAPITAL MANAGEMENT CORP 0.00 GREAT WEST PAYABLE 0.00 t HEALTH INSURANCE PAYABLE 0.00 0.00 MN STATE RETIREMENT PAYABLE 0.00 FLEX PLAN PAYABLE 4,457.98cr Totals G.L. Type 2 Liability UNRESERVED FUND BALANCE 543,214.61cr VAeATIOWSfeK RESERVE 0.00 AUTOMATION RESERVE 64,304.05cr GIFT RESERVE 0.00 FURNITURE & EQUIPMENT RESERVE 1,859,011.14cr VEHICLE RESERVE 7,185.03cr eOMFUTER RESERVE 10.040 CURRENT YEAR NET 102,952.64 Totals G.L. Type 3 Equity • Grand Total 0.00 PIONEERLAND LIBRARY SYSTEM • REVENUE AND EXPENDITURE REPORT • HUTCHINSON MARCH 31, 1996 EXPENDITURES: SALARIES M -T -D Y -T -D - 78,729.00 % OF % OF REVENUE: AMOUNT AMOUNT BUDGET BUDGET YEAR RESERVE 0.00 000 0.00 0.00% 25% CITY OPERATING 0.00 18,591.50 74,366.00 25.00% 25% COUNTY OPERATING 0.00 10,690.00 42,760.00 25.00% 25% GIFTS 100.00 2,150.08 600.00 358.35% 25' /o CHARGES, FINES 19.99 33.74 300.00 11.25% 25% EQUIPMENT RENTALS 5.00 10.00 0.00 0.00% 25% BOOK SALES 0.00 0.00 1,200.00 0.00% 25% OTHER 0.00 0.00 0.00 0.00% 25% TOTAL REVENUES 124.99 31,475.32 119,225.00 26.40% 25% EXPENDITURES: SALARIES - 6,242.17 - 18,857.61 - 78,729.00 23.95% 25% HEALTH INSURANCE -76,24 - 228.72 - 1,084.00 21.10% 25% HEALTH INSURANCE- DEDUCTIBLE 0.00 0.00 - 320.00 0.00% 25% PAYROLL TAXES - 688.17 - 2,082.22 - 9,054.00 2300% 25% - 535.36 - 5,420.62 - 20,000.00 27.10% 25-% • BOOKS PERIODICALS 0.00 - 2,162.70 - 3,500.00 61.79% 25% 0.00 - 350.00 - 350.00 100.00% 25% • VIDEOS BINDINGS 0.00 0.00 - 100.00 0.00% 25% POSTAGE & SHIPPING -72,00 - 216.00 - 950.00 2274% 25% NEN EQUIPMENT 0.00 0.00 -0.00 0.00% 2646 MAINTENANCE CONTRACTS 0.00 0.00 -0.00 0.00% 25% SUPPLIES 0.00 - 529.95 - 800.00 66.24% 25% INSURANCE 0.00 - 1,051.91 - 1,150.00 91.47% 25% AUDITING -63.75 -6375 -62.00 102.82% 25% BOOKKEEPING -30.00 -90.00 - 360.00 25.00% 25% SALES TAX -0.61 -0.61 - 200.00 0,31% 25% TOTAL EXPENDITURES - 7,708.30 - 31,054.09 - 116,659.00 26.62% 25tii FUNDS AVAILABLE - 7,583.31 421 23 2,567.00 -16 41% 25 °'0 • • Date: 05/()1/96 07:22:34 Item code Description DEPTNO - -) i (LIQUOR) Count 936 Subtatals - -) DEPTNO - -7 2 (BEER) Count 562 Subtotals -) DEPTNO - -) 3 (WINE) Count 891 Subtotals - ) DEPTNO - -) 5 (ICE) Count 3 Subtotals - ) DEPTNO -i 9 (RENTAL) Count t Subtotals -) DEPTNI, -7 10 (TOBACCO PRODUCTS) Count 210 Subtotals --) DEPTNO -7 90 (MISC BEER) Caunt t Subtotals - ) -) 91 (MISC LIQUOR) Count 1 Subtotals- - DEPTNO -) 92 (MISC WINE) Count 1 Subtotals - -7 DEPTNO -) 93 (MISC 6.5 Count 322 Subtotals - Count 2934 Totals - -) APRIL 1 -APRIL 30, 1996 On Extended Cls ordr Q-D-H cost 20499 15:669.96 Qty FOR YOUR INFORMATION Sorts: DEPTNO Ranges: DEPTNO Summary: Yes - Month to date sales - - - -- - Cost Markdowns Sales Profits SP % 5109 39878.1k) 636.89 50792.82 10914.82 21.5 8254 49787.13 10962 70613.08 283.26 %537.02 19723.94 21.8 21226 66271.14 3745 139`4.10 547.95 2(k 18.14 6894M 33.1 293 49.05 3 1391 2645.15 1232 2429.74 358.07 309.02 86.3 74).00 39).(y 100.0 49.60 3251.95 823.21 25. nett that ttttt 4500 7439.3., 1155 1758.15 34.17 2419.20 661.05 27.3 -- - -- - -- 55860 - ----- - - 279813.31 - -- -- --- --- 22399 - -- -- ----- - 128851.12 1551.87 168207.20 39356.08 23.4 • • MAY 1, 1996 Date: 05 /01196 Sorts: DEPTNO Time: 07:27:18 Quantity On Hand Report Ranges: DEPTNO Page: i Sumeary: Yes • CIS Ave. Cost Ext Av Cast Price 1 On Kit / Item Cade Description Vendor Cross reference Last Cost Ext L Cast Ext Price 1 Gp % Min ordr Q-O-H Trnsfr DEPTNO —) 1 (LIQUOR! Count 936 Subtotals —) - - - - -- - -- --- -- -- 157669.96 23.0 20499 150837.30 199574.01 DEPTNO - -; 2 (BEER) Count 562 Subtotals —) -- - -- - -- --- -- - - -"" 49787.73 22.8 8254 49893.19 64513.15 DEPTNO — 3 (WINE) Count 891 Subtotals —) - - -- — - - -- -- - -- 66271.14 55.6 21226 65290.43 102%4.34 DEPTNO —) 5 (ICE) Count 3 Subtotals —) - — - - -- - -- --- --- ++ + ++ DEPTNO -) 9 (RENTAL) Count 1 Subtotals - -> - -- - -- ----- '--" '— — DEPTNO -i 10 (TOBACCO PRODUCTS) • Count 210 Subtatals —) - - --- -- -- -- - - -- - - -- --- -- 2645.15 30.2 1381 2692.84 3769.87 DEPTNO - -) 90 (MISC BEER) Count 1 Subtotals —) - - - - - -- -- - - -- --- --- -- +++++ DEPTNO —) 91 (MISC LIQUOR) Count 1 Subtotals —) — ---- -- -- -- - - -- -- --- +++++ DEPTNO - -) 92 (MISC WINE) Count 1 Subtotals - -> - - - - - -- - - - -- - -- -- -- DEPTNO —? 93 (MISC 6.5%) Count 328 Subtotals —) -- — - -- ' —"— 7439.3 31.6 4500 7304.02 10875.01 Count 2934 Totals 279813.31 26.7 55e&) 276017.78 381736.44 • 0* so CITY OF HUTCHINSON CITY OF HUTCHINSON LIQUOR STORE COMPARISON LIQUOR STORE COMPARISON APRIL 1995 APRIL 1996 APRIL TOTAL ------'---'-'----- APRIL - - -- - -- 1995 LIQUOR BEER WINE MISC. TOTAL BY WEEK 1996 LIQUOR BEER 1 2,751 4,627 806 338 8,522 - 1 1,499 - 2,362 8,522 2 1,385 2,364 3 1,589 1,676 323 156 3,744 3 1,408 2,324 4 1,285 1,712 243 131 3.371 4 1,992 3.260 5 1,360 1,931 296 151 3,738 5 3,481 5,890 6 1,798 2,796 271 130 4,995 6 3,683 6,917 7 2,774 4,853 858 276 8,761 8 3,232 4,906 1,098 351 9,587 8 840 1,812 3 9 1,490 1,814 10 1,383 1,743 355 133 3,614 10 1,320 2.729 11 1,150 1,651 427 138 3,366 11 1,688 3,252 12 1,680 1,966 697 132 4,475 12 2,881 5.189 13 2,156 3,134 730 202 6,222 13 3,422 5,526 14 3,288 5,734 1,569 421 11.012 15 3,701 6,181 2,261 306 12,449 15 1,209 1,791 41,138 16 1,339 2,023 17 1,251 1,587 279 156 3,273 17 1,386 2.778 18 1,041 1,354 240 117 2,752 18 1,953 2,977 19 2,709 1,968 385 168 5,230 19 3,696 5.947 20 1,719 2,372 368 169 4,628 20 2,811 5,580 21 2,701 4,716 673 291 8,381 22 3,165 5,223 1,119 421 9,928 22 1,314 .2,204 34,192 23 1,464 2,205 24 1.021 1,815 307 114 3,257 24 1,386 2,794 25 1,263 1,951 223 119 3,556 25 1,644 3.289 26 1,379 2,119 584 123 4,205 26 3,003 6,145 27 1,956 2,659 610 158 5,383 27 2,671 5.138 28 3,087 5,349 1,190 542 10,168 29 3,071 5,098 1,070 388 9,627 29 1,233 2,179 36,196 30 1,232 2,333 TOTAL 52,510 79,121 16,982 5,631 154,244 TOTAL 51,430 90,822 94 TOTALS 46,679 72,373 15,802 4562 139,416 95 TOTAL 52.510 79,121 % OF SALE 34 51 11 4 100 % OF SAL 30 54 SALES INC OR DEC 14,828 11 % SALES INC OR DEC WINE MISC. 499 515 882 968 1,617 2,782 330 481 596 847 974 1,897 357 441 520 628 952 1,031 416 461 449 573 1,003 1,380 421 316 193 144 168 175 402 395 120 159 161 214 400 389 227 146 188 207 422 365 131 162 204 201 357 358 138 118 21,336 16,982 13 15,488 6.144 5,631 4 TOTAL 0 TOTAL BY WEEK 4,553 4,408 4,782 6,395 11,390 13.777 3,102 3,944 4,806 6,001 9.444 11,234 3.584 3,949 4,872 5,765 11,017 9.787 4,065 4,292 4,833 5,707 10,508 9,547 3,971 3,999 45,305 38,531 38,974 38,952 7,970 169,732 15-4,244 100 10 % • • • • HUTCHINSON AREA HEALTH CARE Comparative Balance Sheet As of Mardi 31, 19% (A) (B) (A) - (B) MARCH FEBRUARY MARCH Change 19% 1996 1995 CY vs PY ASSET Cucrent Assets 1 Cash Arta krvesunems - Operations 2 Cash and nvesbrients - Self- Insured 3 Subtotal cash 8 Investments 4 PaesnMsaWenl receivables 5 Allowsnces for bad debts 6 Advances and contractual a8owances 7 Net patieM/residenl and Vera -party e payor receivables 9 10 Other receivables - net 11 Invenlaals 12 Prepi d expanses $2,861,672 $3,035,815 $3,057,571 (195,899) 1,128,959 $1,128,843 925,519 203,439 $3,990,631 $1,164,658 $3,983,091 7,541 6,573,252 $6,768,301 5.877,051 696.201 (759,056) ($760,807) (689,964) (69,092) (1,727.376) ($1,849,254) (1,345,567) (381,809) $4686,819 $4,158,240 $3.841.520 245,299 98,760 $79,283 180,373 (81613) 468.191 $479927 428,734 39,458 74,555 $92,985 12,297 62,258 W2 F 13 (A) 88,718,957 (8) (A) - (B) 272,942 MARCII FEBRUARY MARCH Chmw 83,613,473 1996 19% 1995 CY vs PY LIABILITIE AND EVNQDP.LAtlM $50,000 850,000 s0 50,000 Curtenl Liabilities 16 3J11olBt1ad3 Land $165696 $165,696 Currem mate $ties of 52,005 17 Bukknp Lag term debt $583,340 $583,329 $535,501 47,839 Accoatls payable - trade 745,691 $770,432 856,244 (110,552) Estsnaled contractual Lom-lwn WDL Uum irLa 1 19 Bu60irg3 less depreciation $11910,874 setllernents -nal 1,297,071 $1310,630 827,752 469,319 Accrued expenses - 8,743,772 $8,684,817 8,233,743 510,029 Salaries 531,957 $450,611 392,379 139.579 PTO 801.877 $769,647 708,971 92,907 Interest 332,187 3252,095 337,385 (5,199) Sell - Insured programs 772,958 $765,185 661,020 111.939 MN Care lax payable 54.216 $55,072 67,165 (12.949) Deferred Yabilities 52,246 $52.246 201,070 (148,824) Deferred revenue 4.626 (34,290) 4,627 (1) 13 Total Cumenl Assets 88,718,957 $8,975,092 $8446,015 272,942 Total Current Liabilities 14 Board Daalanal"Funded Deoradation Investments $4,027,848 83,613,473 $2.459,338 1,568,510 15 Investment in Joint Venlaas $50,000 850,000 s0 50,000 16 3J11olBt1ad3 Land $165696 $165,696 $113,692 52,005 17 Bukknp 17,694,512 $17,688,004 17,549,698 144,814 18 Accumulated depreciation (5,783,637) (35,729,003) (5,125,462) (658,175) Lom-lwn WDL Uum irLa 1 19 Bu60irg3 less depreciation $11910,874 $11959,001 $12424,235 (513.361) _ maludtlesl 20 EguMerd 8,743,772 $8,684,817 8,233,743 510,029 21 AccxmnuWled deprecaton (5.896,290) ($5,830.371) (5,139,862) (756,428) 22 Equonent less depreciation $2.847482 $2,854,146 33,093,881 (246,400) 23 Call- construdgn a squipmenl 0 $0 0 0 24 Construction in progress 81,332 $13,789 48,928 34,405 25 Total Plant Asaeta $15,005,385 $14,992,912 $15678.736 (673,351) _ Fund balance 26 Other Asaw Deferred financing costs $267,602 $269,478 $290.133 (22,531) 27 Total Funds $28,069,792 $27,900,955 $26,874,222 1,1 95,570 Total Funds $5,176,170 $5.004.956 $4.592,113 584,057 513.D0I.a4l $13,076,203 $13,554,959 (553,119) $9,891,782 $9,819,796 $8.727,150 1,164,632 $28,069,792 $27900,955 $2 6,874,222 1,195,571 FINSTMNT %I S Pnan 1 maxi 1 48 M • • HUTCHINSON ASEOCARE Final Statement of Revenues and Expenses Monlh and Period Ended March 31, 1996 X FINSTMNT XLS Pam I. arson CURRENT MONTH YEAR -TO DATE YEAR -TO -DATE Over (Under) BWg01 Over (Under) Budget ReYamja Actual Budget Doke Percent Actual Budget Dollars Percenl March 1995 1 In patient revenue $456459 $524,082 ($67,623) -12.9% $1,571,964 $1,540,497 $31,467 20% S1,418,026 2 Ancillary services 6 94,586 937,872 (243,266) -25.9% 2,347,220 2,719410 (372,190) -137% 2,262,489 3 Total in patient revenue $1,151,045 $1.461,954 ($310,909) -21.3% $3,919,184 $4.259,908 ($340.724) -8 0% $3,680.515 4 Out pabenlreverare 1,296,153 1,516.603 (220,450) -14.5% 4,118,788 4,436,741 (317,953) -72% 3,617,369 5 Resident Revenue 371,035 370,754 281 0.1% 1,114500 1,076,339 38,161 3.5% 1,067,339 6 Total psoenUresident revenue Dj&lnl@ $2,818,233 $3,349,311 ($531,078) - 15.9 - $9,152,472 $9,772,988 ($620,516) -63% $8,365,223 7 Governmenlal 6 Pobcy Discount 791,044 1,192,201 (401,156) -33.6% 2,952,181 3,482,363 (530,183) -15.2% 2,433,647 8 Free Care 0 8,610 (8,610) - 100.0% 3,307 25,123 (21,817) -86.8% 10,262 9 Total deduction from revenue S 191044 $1,200,811 (5409,766) -34.1% $2,955,487 $3,507,486 ($5S1,999) -1021% $2,443,909 10 Net patient/resleenl revenue $2,027,188 $2,148,500 (5121,312) -56% $6,196,985 $6,265,502 (368,517) -1.1% $5,921,314 11 Omer operating revarxies 10,361 11,119 (758) -68% 35,247 33,357 1,890 57% 34.679 12 Net operating revrnue Ewerisers $2,037,549 $2,159,619 ($122,070) -5 7% $6,232,232 $6,298,859 (566,627) -1.1% $5,955,993 13 Salaries $958,476 5953,118 $5,358 06% $2,781987 $2,800,084 ($18,097) -0.6% 52,564.126 14 Employee Beriebts 205,827 218,398 (12,572) -58% 610,806 643,560 (32,753) -5.1% 581,360 15 Pfe1e55xnat Fees 95,563 98,606 (3,043) -3 1% 281,165 272,782 8,383 3.1% 219,132 16 Medt al Fees 105.998 109,461 (3,463) -3 2% 320,619 321,099 (480) -0.1% 721,623 17 Utilities, Mince Caniracls B Repahs 75,965 90,266 (14,321) -159% 258,048 278,815 (20,767) -7.4% 222,987 18 Food, Drugs 8 Supplies 273,887 287,860 (13,973) -4.9% 825,115 841,133 (16,018) -1.9% 822,577 19 Other expense, 60,045 78,831 (18,786) -23.8% 221,775 238,572 (18,797) -7.0% 179,904 20 Mvvwsota Care 16,053 16,053 0 0.0% 48,159 48,159 0 0.0% 54,569 21 Bad debt 29,233 35,541 (6,307) -17.7% 102,341 107,704 (1,384) -1.3% 707,161 22 Interest 54.676 64,843 (167) -03% 194,575 195,110 (575) -0,3% 201,130 23 Depre bon 115.223 108,232 6.990 65% 340,416 324,697 15,718 48% 336,705 24 Total expenses 32,000,947 $2,061,229 ($60.283) -2.9% $5,985007 $6,067,716 ($82]09) -1.4% $5,611,474 Excess of net opereling revenue 25 ov (under) operating expenses $36,602 $98,390 ($61,788) -62.8% $247,225 $231,143 $16,082 7.0% $344,519 Nor sting Revenues 26 Investment income $37010 $36,497 $513 1.4% $93,129 $109,491 ($18,362) -14.9% $157,585 27 Other nonoperaling revenue (net) (1,625) (3,544) 1,919 -54.1% (16,246) (13,262) (2,984) 22.5% (151,861) 28 Total nonoperaling revenue $35,384 $32,953 $2,431 7.4% $76,883 $96.229 ($19,346) -20.1% $5,724 29 Net Income $71,986 $131,343 ($59,357) -45.2% $324,109 $327,372 ($3,264) -10% $ 350,243 30 Pabenl days 691 826 (135) - 16.3% 2,405 2,468 (63) -2.6% 2.290 31 Resick"days 3,744 3,827 (83) -22% 11,115 11,119 (4) 00% 11.005 32 Out patient servkes - 3,910 3.853 57 1.5% 11,177 11.070 107 1.0% 11,265 33 Percent occupancy - budget beds - Hospital 37.2% 444% -7.2% -16.2% 44.0% 45.2% -1.2% -2.7% 42.4% 34 Percent occupan yblxlpal beds - Nursing Home 95.1% 97.2% -2.1% -2.2% 96.2% 96.2% 0.0% 0.0% 97.0% 35 FTE's 357.9 357.6 0.3 0.1% 358.1 357.6 0.5 0.1% 350.6 36 Admissions (adjusted) - Hospital only 405 412 (7) -1 7% 1,261 1,298 (37) •2.9% 1.279 37 Expenses (reel) per admi~ (adjusted) - Hospital only 3,865 3,918 (53) -1.4% 3,693 3,655 38 1.D% 3.489 38 Revenue per admission (adjusted) - Floslldal orgy 5,964 7,029 (1.065) -15.1% 6,261 6,504 (243) .3.7% 5,706 39 Net Revenue par admission (adjusted) - Hospital only 4,029 4,188 (158) -3.8% 3,949 3,873 77 2.0% 3909 40 Orscaalts as a Percent of reverares 28.1% 35.9% -7.8% -21 7% 323% 35.9% -3.6% - 10.0% 292% 41 FTE's per 100 admissions (adpmsled) - I lospilal only 5.0 4.9 01 22% 4 8 4 8 00 -05% 4.6 42 Days In Net Accounts Receivable 58.0 55.0 3.0 5.5% 57.5 43 Case Mix - Home Doty 234 2.40 -0 06 -2.5% 2.37 2.40 -003 -1.2% 2.42 X FINSTMNT XLS Pam I. arson • • Final 4/12/96 2:57 PM Hutchinson Area Health Care Statement of Cash Flows For the Three Months Ended March 31, 1996 Cash Flows From Operating Activities • • Operating income (loss) 247,225 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation 371,399 Interest Expense 259,405 Amortization of deferred financing costs 8,359 Change in assets and liabilities: Decrease (increase) in Patient and other receivables (24,802) Inventories and prepaid expenses (42,931) Increase (decrease) in Accounts payable (136,499) Due frorrVto third parties 83,320 Accrued expenses 315,747 Net cash provided by operating activities 1,081,224 Cash Flow From Investing Activities Interest income received 70,187 Rental Properties (Net) (15,536) Investment in joint ventures 0 Net cash provided by investing activities 54,651 Cash Flows From Capital and Related Financing Activities Principal payments on long -term debt (235,146) Interest paid on long -term debt (261,927) Purchases of property and equipment (246,927) Donated capital used for purchase of property & equipment 8,415 Net cash used in capital and related financing activities (735,585) Net increase (decrease) in cash and cash equivalents 400,290 • • Cash and Cash Equivalents Ending 8,018,479 7,616,189 $$FLOWS.XLS �� P. Dobberstein • . ..__1996 . _. _. _.... ET • M ( C y d u u w r TOTAL k• M M ASSETS UTILITY PLANT - AT COST LAND 6 LAND RIGHTS 891,734.75 DEPRECIABLE UTILITY PLANT 52,469.811.52 TOTAL UTILITY PLANT 53,361,546.27 LESS ACCUMULATED DEPRECIATION (17,929,883.52) TOTAL ACCUMULATED DEPRECIATION (17,929,883.52) CONSTRUCTION IN PROGRESS 71,038.04 TOTAL CONSTRUCTION IN PROGRESS 71,038.04 TOTAL UTILITY PLANT DEFFEC VALUE t 35,502,700.79 RESTRICTED FUNDS 6 ACCOUNTS INVESTMENT - GAS RESERVES _ 758,426.55 MEDICAL INSUR2ANCE 100,000.00 BOND 6 INTEREST PAYMENT 1993 563,124.75 BOND RESERVE - 1993 .? 1,389,320.00 CATASTROPHIC FAILURE FUND 750,000.00 TOTAL RESTRICTED FUNDS 6 ACCOUNTS 3,560,871.30 CURRENT 4 ACCRUED ASSETS CASH IN BANK ? 1,451,229.12 INVESTMENTS d SAVINGS ACCOUNTS _ 561,271.11 _.. ACCOUNTS RECEIVABLE 2,108,669.25 INVENTORIES 714,818.36 PREPAID INSURANCE _ 27,376.25 MISC - ACCOUNTS RECEIVABLE 76.19 TOTAL CURRENT 8 ACCRUED ASSETS 4,863,440.30 DEFERRED CHARGE BOND DISCOUNT 1993 162,823.97 TOTAL DEFERRED CHARGE _ 162,823.97 _ TOTAL ASSETS 44,089,836.36 .. .. ,. .. o ., ,, 1 1. oa ._.. rwa¢ • E SHEET w a1, 1996 M • N N N N TOTAL N M N N MUNICIPAL EQUITY 6 LIABILITIES MUNICIPAL EQUITY MUNICIPAL EQUITY 28,894,611.41 UNAPPROPRIATED RETAINED EARNINGS (86,286.70) TOTAL MUNICIPAL EQUITY 28,808,324.7i LONG TERM LIABILITIES -NET OF CURRENT MATURITIES 1993 BONDS 13,300,000.00 TOTAL LONG TERM LIABILITIES _ 13,300,000.00 _ CONSTR CONTRACTS 6 ACCTS PAY RETAIN ACCRUED EXPENSES - RETAINAGE _ 100,000.00 TOTAL CONSTRUCTION A ACCTS PAY 100,000.00 CURRENT 6 ACCRUED LIABILITIES - ACCOUNTS PAYABLE _ 1,286,440.21 INTEREST ACCRUED 214,212.12 ACCRUED PAYROLL _ 79,780.18 ACCRUED VACATION PAYABLE 150,332.53 ACCRUED MEDICAL FUND 42,682.22 ACCRUED REC PAYMENT 673.36 CUSTOMER DEPOSITS _ 77,690.00 OTHER CURRENT & ACCRUED LIABILITIES 29,701.03 TOTAL CURRENT 6 ACCRUED LIAR _ _ 1,881,511.65 TOTAL MUNICIPAL EQUITY 6 LIAS - 44,069,836.36 • STATEMENT OF INC�6 ENSES • • MARCH 31, 19 PREVIOUS CURRENT BUDGETED BUDGET ANNUAL YEAR TO DATE YEAR TO DATE YEAR TO DATE DEVIATION BUDGET INCOME STATEMENT OPERATING REVENUE SALES - ELECTRIC ENERGY 2,532,180.08 2,755,059.17 2,508,500.00 246,559.17 11,000,000.00 SALES FOR RESALE 843.00 141,880.00 2,000.00 139,880.00 100.000.00 NET INCOME FROM OTHER SOURCES 12,036.30 11,640.86 14,280.00 (2,639.14) 54,000.00 SECURITY LIGHTS 2,722.00 3,252.50 3,220.00 32.50 14,000.00 POLE RENTAL .00 1,657.25 .00 1,657.25 4,000.00 SALES - GAS 1,559,312.73 1,96i,518.08 1,709,100.00 252,418.08 5,600,000.00 TOTAL OPERATING REVENUE 4,107,094.11 4,875,007.86 4,237,100.00 637,907.86 16,77 2,000.00 OPERATING EXPENSES _ PRODUCTION OPERATION 222,018.29 239,619.71 244,481.15 4,861.44 1,160,015.00 PRODUCTION MAINTENANCE 70,247.46 147,678.72 129,995.00 (17,683.72) 303,500.00 PURCHASED POWER 1,417,725.08 1,196,550.70 1,060,507.00 (136,043.70) 2,099,650.00 TRANSMISSION OPERATION .00 .00 .00 .00 3,400.00 TRANSMISSION MAINTENANCE 3,161.30 9,356.67 8,000.00 (1,356.67) 29,000.00 ELECTRIC DISTRIBUTION OPERATION 64,564.78 55,351.58 60,401.00 5,049.42 217,000.00 ELECTRIC DISTRIBUTION MAINTENANCE 47,265.87 67,226.38 65,670.00 (1,556.38) 150,900.00 MFG GAS PRODUCTION OPERATION 271.50 627.04 310.00 (317.04) 11000.00 MFG GAS PRODUCTION MAINTENANCE 655.82 38.50 1,000.00 961.50 2,000,00 PURCHASED GAS EXPENSE 1,510,709.48 2,268,869.17 1,800,794.80 (468,074.37) 7,960,790.00 GAS DISTRIBUTION OPERATION 59,343.69 52,657.19 59,075.00 6,417.81 226,000.00 GAS DISTRIBUTION MAINTENANCE 14,427.95 _ 21,046.74 13,927.00 (7,119.74) 49,400.00 CUSTOMER ACCOUNTING 6 COLLECTIONS 46,851.84 49,814.45 46,433.00 (3,381.45) 198,800.00 ADMINISTRATIVE 6 GENERAL EXPENSES 410,426.25 329,850.79 347,487.08 17,636.29 1,473,056.00 DEPRECIATION 434,999.70 363,105.00 447,500.00 84,395.00 1,790,000.00 TOTAL OPERATING EXPENSES 4,302,669.01 4,801,792.64 4,285,581.03 (516,211.61) 15,664,511.00 OPERATING INCOME (195,574.90) 73,215.22 (48,481.03) 121,696.25 1,107,489.00 OTHER INCOME OTHER - NET 8,454.20 3,765.17 16,350.00 (12,584.83) 125,000.00 INTEREST INCOME 51,025.47 47,861.07 52,500.00 (4,638.93) 210,000.00 MISC INCOME 30.366.52 66,126.28 23,534.00 42,592.28 28,700.00 GAIN ON DISPOSAL .00 .00 .00 .00 1,500.00 MISC INCOME - GAS 44,682.15 58,643.52 59,250.00 (606.48) 395,000.00 TOTAL OTHER INCOME 134,528.34 176,396.04 151,634.00 24,762.04 760,200.00 OTHER EXPENSES DEPLETION - GAS WELLS .00 .00 .00 .00 125,000.00 MISC EXPENSES 13,209.26 _ 7,304.21 14,240.00 6,935.79 72,000.00 INTEREST EXPENSE 163,563.00 159,843.75 159,281.25 (562.50) 640,875.00 TOTAL OTHER EXPENSES 176,772.26 167,147.96 173,521.25 6,373.29 837,875.00 CONTRIBUTION TO CITY 162,500.00 168,750.00 168,750.00 .00 675,000.00 TOTAL CONTRIBUTION TO CITY 162,500.00 168,750.00 168,750.00 .00 675,000.00 NON- OPERATING INCOME (204,743.92) (159,501.92) (190,637.25) 31,135.33 (752,675.00) NET INCOME (400,318.82) (86,286.70) (239,118.28) 152,831.58 354,814.00