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cp04-13-1993 c� 1J TCH 1 N,'-) 1\1 CITY CALENDPar;_ WEEK OF April 11 T O April 17 1993 V!EDNESDAY -14- 10:00 A.M. - Directors Meeti at City Hall 7:30 P.M. - Special Planning Commission Meetin at City Hall r , �iUIQDNY -11- EASTER SUNDAY MUNDHY [Wol; t t t THURSDAY -15- 8-10 A.M. - "Vision" Meeting with Kathleen Skarvan at Fire Station (Upstairs) for Directors -12- FRIDAY -16- TUEL;1) X1, 6:30 P.M. - CLOSED COUNCIL. MEETING at City Hall Re. Junker Litigation 7:30 P.M. - Regular City Council Meeting at City Hall SATURDAY -17- VACATION: STEVE MADSON - April 12 -15 DOLF MOON - April 12 C March 30, 1993 M E M O R A N D U M TO: City Council FROM: Mayor Paul L. Ackland SUBJECT: Special City Council Meetings There will be two special City Council meetings as follows: • FRIDAY, APRIL 2 -- 7:00 A.M. at City Hall The purpose of the meeting is to approve the documents for the condominium (Phase II Development) CLOSED MEETING: TUESDAY, APRIL 13— 6:30 P.M. at City Hall /mjs Attorney Morgan Godfrey will discuss Junker litigation. CC: Hutchinson Leader KDUZ /KKJR HCVN -TV • City Hall Parks £r Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 - Printed on recycled payer - AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 13, 1993. 1. Call to Order - 7:30 P.M. 2. Invocation - Rev. Chuck Carlson, Bethany Baptist Church 3. Consideration of Minutes Regular Meeting of March 23, 1993 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Building Official's Report - March 1993 2. Airport Commission Minutes of March 29, 1993 3. Park & Recreation Board Minutes of February 24, 1993 • (b) Application from VFW Post 906 for Memorial Day Parade Permit Action - Motion to order report and minutes filed and issue permit 5. Public Hearing - 5:00 P.M. (a) Letting No. 4, Project No. 93 -05 (South Grade Road) Action - Motion to close hearing - Motion to reject - Motion to approve and order plans and specifications - Motion to waive reading and adopt Resolution No. 9922 (b) On -Sale Intoxicating Liquor License for Michael Gene Fasching, owner of J's Pizza Bar & Grill Action - Motion to close hearing - Motion to reject - Motion to approve and issue license 6. Communications, Requests and Petitions (a) Consideration of Petition for Boulevard Sidewalk On West Side of Alan Street 40 Action - Motion to reject - Motion to approve CITY COUNCIL AGENDA - APRIL 13, 1993 0 7. Resolutions and Ordinances (a) Resolution No. 9917 - Resolution For Purchase Action - Motion to reject - Motion to waive reading and adopt (b) Resolution No. 9918 - Resolution Supporting Elimination of "Double Taxation" for Services Not Received By A Municipality Action - Motion to reject - Motion to waive reading and adopt (c) Resolution No. 9919 - A Resolution Accepting $162,500 From Hutchinson Utilities Commission Action - Motion to reject - Motion to waive reading and adopt (d) Ordinance No. 93 -77 - An Ordinance Amending Zoning Regulations In The City Of Hutchinson And The Official Zoning Map (Twin Oaks Addition) Action - Motion to reject - Motion to waive second . reading and adopt (e) Ordinance No. 93 -79 - An Ordinance Of The City Of Hutchinson, County Of McLeod, State Of Minnesota, Incorporating And Annexing Certain Tracts And Parcels Of Land Into The City Of Hutchinson As More Particularly Set Out In Said Ordinance (Wigen Property) Action - Motion to reject - Motion to waive second reading and adopt (f) Resolution No. 9920 - Resolution Establishing Location for Traffic Control Devices Action - Motion to reject - Motion to waive reading and adopt 8. Unfinished Business (a) Consideration of Amendment to Zoning Ordinance Requested By City Staff to Change Dwelling Unit Density from 4,500 Sq. Ft. 4,000 Sq. Ft. In R -3 District with Favorable Recommendation of Planning Commission (DEFERRED 3- 23 -93) Action - Motion to reject - Motion to approve • 2 • CITY COUNCIL AGENDA - APRIL 13, 1993 9. New Business (a) Consideration of Approving Northern Natural Gas Company Pipeline Easement Action - Motion to reject - Motion to approve (b) Consideration of Waiving Building Permit Fee for Hutchinson Utilities Unit No. 1 Action - Motion to reject - Motion to approve (c) Consideration of Application for Temporary Recyclable Material Collection Permit for Elouise Carlson, dba Can Man 2 At Wal -Mart Site Action - Motion to reject - Motion to approve and issue permit (d) Consideration of Application for Temporary Recyclable Material Collection Permit for Jeff Schauer at Bowling Alley Site • Action - Motion to reject - Motion to approve and issue permit 0 (e) Consideration of Awarding Proposal for Professional Legal Services Regarding Renewal of City's Cable Television Franchise Action - Motion to reject - Motion to approve (f) Consideration of New Lease with Minnesota Department of Public Safety for Use of Fire Station Parking Lot Space for Motorcycle Testing Action - Motion to reject - Motion to approve and enter into agreement (g) Consideration of Amending Agreement with McLeod Landfill, Inc. for Hauling of Residential Refuse By Aagard West Action - Motion to reject - Motion to approve amendment (h) Consideration of Establishing Open House for Old City Hall Building On May 10, 1993 from 5:30 -9:00 P.M. Action - Motion to reject - Motion to approve 3 CITY COUNCIL AGENDA - APRIL 13, 1993 (i) Consideration of 1992 Water /Sewer Fund Reimbursement to General Fund Action - Motion to reject - Motion to approve (j) Consideration of Acquisition of Block 1, Lot 9, California Second Addition Action - Motion to reject - Motion to approve purchase (k) Consideration of Partial Release of Storm Sewer Easement Within Lot 1 of Lynn Addition Action - Motion to reject - Motion to approve (1) Consideration of Notifying Main Street Property Owners Regarding Live Trapping of Pigeons On Rooftops Action - Motion to reject - Motion to approve (m) Consideration of Selling City Parcel Next to Shopko Store Action - Motion to reject - Motion to approve (n) Consideration of Approving Plans And Specifications And • Advertising for Bids On Letting No. 2, Project No. 93 -02 Action - Motion to reject - Motion to approve plans and specifications and advertise for bids - Motion to waive reading and adopt Resolution No. 9921 (o) Consideration of Approving Plans And Specifications And Advertising for Bids On Letting No. 5, Project No. 93 -06, 93 -07, & 93 -08 Action - Motion to reject - Motion to approve plans and specifications and advertise for bids - Motion to waive reading and adopt Resolution No. 9923 (p) Consideration of Approving Plans And Specifications And Advertising for Bids On Letting No. 6, Project No. 93 -09, 93 -10, 93 -11, 93 -12 & 93 -13 Action - Motion to reject - Motion to approve plans and specifications and advertise for bids - Motion to waive reading and adopt Resolution No. 9924 rI CITY COUNCIL AGENDA - APRIL 13, 1993 11 10. Miscellaneous (a) Communications from City Administrator 11. Claims, Appropriations and Contract Payments (a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. Adiournment L • 5 0 L is MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 23, 1993 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Councilmen Craig Lenz, John Mlinar, Marlin Torgerson, and Don Erickson. Also present: City Administrator Gary D. Plotz and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Bob Gamble. 3. MINUTES The minutes of the regular meeting of March 9, 1993 and bid opening of March 15, 1993 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JANUARY & FEBRUARY 1993 2. PLANNING COMMISSION MINUTES OF FEBRUARY 16, 1993 3. SENIOR ADVISORY BOARD MINUTES OF JANUARY 13, 1993 (b) REPORT OF CITY INVESTMENTS (c) ON -SALE INTOXICATING LIQUOR LICENSE 1. GOLD COIN 3. THE UNDERGROUND 2. VICTORIAN INN 4. LAMPLIGHTER LOUNGE II (d) SET -UP LICENSE - LITTLE CROW BOWLING LANES The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to order report and minutes filed and to issue licenses. 5. PUBLIC HEARING - 8:00 P.M. (a) ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS FOR HUTCHINSON TECHNOLOGY, INC. Mayor Ackland called the hearing to order at 8:00 P.M. and read the notice of public hearing. CITY COUNCIL MINUTES - MARCH 23, 1993 i Attorney Steve Rosholt, Faegre & Benson Law Firm, reported the amount of the refunding bonds had been reduced to $2 million. Following discussion, Councilman Mlinar moved to close the hearing at 8:03 P.M. Motion seconded by Councilman Erickson and unanimously carried. Councilman Erickson moved to approve and waive reading and adopt Resolution No. 9912. Motion seconded by Councilman Mlinar and unanimously carried. COMMUNICATIONS. REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR TWO -HOUR PARKING SIGNS BY DR. STEVE DEKOSTER Following discussion, Councilman Erickson moved to reject the request. Motion seconded by Councilman Torgerson and unanimously carried. (b) DISCUSSION BY RALPH JOHNSON OF HOLDING 1994 STATE AMATEUR BASEBALL TOURNAMENT IN HUTCHINSON Ralph Johnson noted the 1994 state amateur baseball • tournament in Hutchinson would be co- hosted by Hutchinson and Arlington. It would attract 7 -9,000 people into the community over a three weekend period from the middle of August until Labor Day. He requested support of the City Council, the local businesses and individuals. Following discussion, Councilman Mlinar moved to approve support of the 1994 state amateur baseball tournament. Motion seconded by Councilman Torgerson and unanimously carried. (c) PRESENTATION BY SUPERINTENDENT GARY SWENSON AND CITY ADMINISTRATOR GARY PLOTZ REGARDING CONCEPT OF JOINT POWERS AGREEMENT BETWEEN SCHOOL DISTRICT AND CITY OF HUTCHINSON Superintendent Gary Swenson presented a proposal to review a joint powers agreement between the School District and the City of Hutchinson which could coordinate programs of the community education and recreation department. He noted the Board of Education passed a motion at its meeting this evening to pursue the concept. 2 • r CITY COUNCIL MINUTES - MARCH 23, 1993 Following discussion, Councilman Torgerson moved to approve exploring the concept of a joint powers agreement between the School District and the City. Motion seconded by Councilman Mlinar and unanimously carried. (d) CONSIDERATION OF REQUEST BY ABATE MOTORCYCLE CLUB TO HOLD MAY FUND RAISER IN HUTCHINSON Following discussion, Councilman Torgerson moved to approve the request based on the Police Department recommendation. Motion seconded by Councilman Lenz and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 93 -75 - AN ORDINANCE OF THE CITY OF HUTCHINSON, COUNTY OF MECLEOD, STATE OF MINNESOTA, INCORPORATING AND ANNEXING CERTAIN TRACTS AND PARCELS OF LAND INTO THE CITY OF HUTCHINSON AS MORE PARTICULARLY SET OUT IN SAID ORDINANCE The motion was made by Councilman Lenz, seconded by Councilman Torgerson and unanimously carried, to waive • second reading and adopt. (b) ORDINANCE NO. 93 -76 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 5.01, SUBD. 20 DEFINING A "RESTAURANT" AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to waive second reading and adopt. 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Following discussion, Councilman Torgerson moved to dis- continue service at noon on March 29 unless other arrangements were made. Motion seconded by Councilman Lenz and unanimously carried. 0 3 CITY COUNCIL MINUTES - MARCH 23, 1993 i (b) CONSIDERATION OF ISSUING CREDIT ON REFUSE BILL FOR USING BLUE RECYCLING BIN City Administrator Plotz showed a video on St. Louis Park's recycling /composting program. Then Jack Shelton from Shelton Company explained the system and procedure for using a hand held computer for bar code scanning. Following discussion, Councilman Torgerson moved to approve a $2.00 per month recycling /composting credit to residents to be effective in July. Motion seconded by Councilman Mlinar and unanimously carried. (c) CONSIDERATION OF OBTAINING APPRAISAL OF CITY -OWNED PROPERTY, LOT 10, BLOCK 21 Following discussion, Councilman Erickson moved to approve authorizing an appraisal by David Lorence. Motion seconded by Councilman Mlinar and unanimously carried. (d) CONSIDERATION OF RETAINING INDEPENDENT COUNSEL REGARDING RENEWAL OF CABLE FRANCHISE City Attorney Anderson recommended the City obtain • independent legal counsel regarding the cable television franchise since it is a very technical field. He stated there were only two law firms which provide the consult- ing services required by the City. Councilman Torgerson moved to accept the recommendation of the City Attorney and to obtain Attorney Thomas D. Creighton of the Bernick and Lifson law firm. After discussion, the motion was withdrawn. The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to direct the City Attorney to request proposals from both law firms. (e) CONSIDERATION OF ADJUSTMENT OF WATER RATES During discussion of water rates, it was suggested a public hearing be held for commercial and industrial accounts that have 50,000 gallons or more usage. It was the consensus of the Council to take no action at this time and to review the issue at a later date. 4 CITY COUNCIL MINUTES - MARCH 23, 1993 (f) CONSIDERATION OF SETTING PUBLIC HEARING DATE FOR ON -SALE INTOXICATING LIQUOR LICENSE APPLICATION FROM MICHAEL GENE FASCHING FOR J'S PIZZA BAR & GRILL Following discussion, Councilman Mlinar moved to set a public hearing for April 13, 1993 at 8:00 P.M. Motion seconded by Councilman Lenz and unanimously carried. (g) CONSIDERATION OF AWARDING BID FOR ROTARY PARK PLAYGROUND EQUIPMENT Following discussion, Councilman Mlinar moved to approve and to award bid to Minnesota Playground in the amount of $26,718.04. Motion seconded by Councilman Lenz and unanimously carried. (h) CONSIDERATION OF AWARDING BID FOR PARK DEPARTMENT TRACTOR AND ATTACHMENTS Following discussion, Councilman Erickson moved to approve and to award low bid for a 1993 John Deere tractor with attachments to L & P Supply in the amount of • $21,388.97. Motion seconded by Councilman Torgerson and unanimously carried. (i) CONSIDERATION OF ANNEXATION OF WIGEN PROPERTY REQUESTED BY CITY STAFF It was reported the Planning Commission recommended annexation of the entire Lot 6 when Hutchinson Technology recently annexed adjoining property. The City staff concurred since the Wigen property is surrounded by municipal boundaries on three sides. Following discussion, Councilman Mlinar moved to approve and to refer to the Municipal Board. Motion seconded by Councilman Mlinar and unanimously carried. The motion was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously carried, to waive first reading of Ordinance No. 93 -79 and to set second reading for April 13, 1993. (j) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF JIM JOHNSON ADDITION SUBMITTED BY JAMES JOHNSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION is Following discussion, Councilman Erickson moved to 5 CITY COUNCIL MINUTES - MARCH 23, 1993 • approve the final plat and Resolution No. 9907. Motion and unanimously carried. to waive reading and adopt seconded by Councilman Lenz (k) CONSIDERATION OF REZONING FROM R -3 TO R -4 IN TWIN OAKS ADDITION REQUESTED BY JAMES JOHNSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to approve and to waive first reading of Ordinance No. 93 -77 and to set second reading for April 13, 1993. Motion seconded by Councilman ERickson and unanimously carried. (1) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JAMES JOHNSON FOR CONSTRUCTION OF 92 -UNIT RENTAL TOWNHOUSES ON TEXAS AVENUE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Lenz moved to approve the permit and to waive reading and adopt Resolution No. 9908. Motion seconded by Councilman Mlinar and unani- mously carried. (m) CONSIDERATION OF VARIANCE REQUESTED BY W. A. HELLAND FOR . CONSTRUCTION OF HOUSE LOCATED AT 1200 SEVENTH AVENUE NW WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Mlinar moved to approve the variance and to waive reading and adopt Resolution No. 9909. Motion seconded by Councilman Erickson and unanimously carried. (n) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE REQUESTED BY CITY STAFF TO CHANGE DWELLING UNIT DENSITY FROM 4,500 SQUARE FEET TO 4,000 SQUARE FEET IN R -3 DISTRICT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried, to defer. (o) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MCLEOD GROUP HOME FOR RESIDENTS SCHOOL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Lenz moved to approve the conditional use permit and to waive reading and adopt Resolution No. 9910. Motion seconded by Councilman Torgerson and unanimously carried. . 6 • CITY COUNCIL MINUTES - MARCH 23, 1993 (p) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MCLEOD COUNTY FOR CONSTRUCTION OF HOUSEHOLD HAZARDOUS WASTE FACILITY IN FAIR GROUNDS ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to approve the permit and to waive reading and adopt Resolution No. 9911. Motion seconded by Councilman Erickson and unanimously carried. (q) CONSIDERATION OF SKETCH PLAN SUBMITTED BY LEROY CHRISTENSEN WITHIN TWO MILE RADIUS (HUTCHINSON TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Mlinar moved to refer tc the County with no objection. Motion seconded by Coun- cilman Erickson and unanimously carried. (r) CONSIDERATION OF REVERSE NAIG SETTLEMENT AGREEMENT Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve and enter into agreement. • (s) CONSIDERATION OF PETITION BY PROPERTY OWNER FOR IMPROVEMENT IN SCHMIDTBAUERS FOURTH ADDITION - PHASE 2 (LETTING NO. 7, PROJECT NO. 93 -14) is It was reported Richard and Beatrice Schmidtbauer, 100 percent property owners, had submitted a signed petition for improvements and an agreement of assessment and waiver of irregularity and appeal. The City Engineer requested approval of his report and the plans and specifications and authorization to advertise for bids. Following discussion, Councilman Torgerson moved to approve the engineer's report and plans and specifi- cations, to authorize advertising for bids on April 19, 1993 at 2:00 P.M., and to waive readings and adopt Resolutions No. 9913, No. 9914, and No. 9915. Motion seconded by Councilman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported the liquor store will move into its new location over the weekend of April 3 rA CITY COUNCIL MINUTES - MARCH 23, 1993 1] and open mid -week. City staff will conduct a walk- through tour before the store opens for business. Mr. Plotz noted interviews for a part -time Fire Marshall were held today. The City Administrator stated he discussed the Hutchinson Iron & Metal situation with the HCDC Director. The owner of the business wished to meet directly with the City Council. Mr. Plotz wanted direction on the issue prior to a meeting with the Elevator Board. Since the Council requested a recommended date for the public to tour the old City Hall building, a staff report will be presented at the next Council meeting. (b) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ Councilman Lenz questioned why the water boom was still located behind the utilities building and recommended its removal. (c) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar inquired about the status of a list of • City -owned property that could be sold. He also asked about the status of the Elks proposal. (d) COMMUNICATIONS FROM COUNCILMAN MARLIN TORGERSON Councilman Torgerson commented on the Hospital /Nursing Home Board meeting held earlier this evening. He requested Council approval for the bid on a basement remodeling project at Burns Manor Nursing Home. Following discussion, Councilman Torgerson moved to approve the low bid from Lund Martin Construction at $240,300 for the lower level remodeling project at Burns Manor Nursing Home. Motion seconded by Councilman Mlinar and unanimously carried. Councilman Torgerson requested updated information regarding the Sheppard property. (e) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson stated he had no report regarding the Country Club Terrace litigation. D • CITY COUNCIL MINUTES - MARCH 23, 1993 (f) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland reported the Women's Club wished to honor and recognize Les Kouba with signage under the Hutchinson population signage. Since it would require State Legis- lature approval to post the signs, the Council would need to submit a Resolution requesting authorization for said signage. Following discussion, Councilman Torgerson moved to approve and to waive reading and adopt Resolution No. 9916. Motion seconded by Councilman Mlinar and unani- mously carried. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:10 P.M. 0 9 0 0 ]S91w L`_404 LL5. eFVMifAf Nt °f CCMMEPCE +ay asa1 . eu•uuv wt cf +sus Period invehich Permits issued CA ^,CH 2933 IPleen coaecl any arOrrM name and ldd4srl iuo,nq ZIP CCde, REPORT OF BUILDING OR 553 ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 35T400 27 4 9999 085 1 0 26 9999 02730 JAMES MA2KA JLC6 CFFICIAL FOE CITY CIF NUT CH INS 0 I If your building permit system has changed. mark fX) appropriate box below and explain in comment. . CITY HALL 37 YA$NINO T7M AYE VEST ❑ NUTCHINSON MN 55350 Discontinued issuing Dermits ❑ Merged with another system ❑ Split into two or more systems ❑ Annexed land areas PLEASE COMPLETE AND MAIL l ❑Had other changes THIS FORM ON OR BEFORE APRIL 4e 1993 If-. permits were asued during Bureau of the Census Instructions are included. For this Period, mark IX) in the box _a ❑ 1201 Ent 10th Street further assistance, call collect and return this torn JaHersonyEk, IN 47132-0001 RIVATELY OWNED (3011763-7244. NEW RESIDENTIAL PUBLICLYOWNED IT 7N.�Wrr of Number of BUILDINGS Valu ators of Valuation of HOUSinq construction Buildi Housin g construction untie OmR cars }a a units Omit cant+ let Idl lal 111 ( 1 Single - family houses, detached Exclude mobile homes. Single-family houses, Mchad - Separated by ground to roof well. -No Units above w below, and - Separate Mating systems and utility meters. (Count nch Unit se e separate building) 102 Two-family buildings 103 Three- and four - family buildings 104 Five -pr -more family buildings 105 TOTAL — Sum of 101 —log— log 7 7 845-625 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLYOWNED NONHOUSEKEEPING Number of Number of BUILDINGS Valuation of Valuation of Na Buildaga Rooms construction ce its Buildings Rooms construction DTI( CM}a Ill 01 Icl Idl let lit 191 Hotels, m0tsls, and tourist cabins (transient accommodations only) 213 Other nonhousakseping shelter 214 NEW ►RIVATELY OWNED PUBLICLYOWNED NONRESIDENTIAL Number Valuation of Number Valuation of BUILDINGS Iran No. of buildings construction Omit Cann of buildings construction Omit cents el (bl Id Id) let Amusement. social, andfKleatl0pal fig Churches and other ref qua 310 Industrial 320 Parking garages (buildings and open deckedl 321 Service stations and repair garages 222 Hospitals end institutional 323 Offices, banks, and professional 324 Public works and utilities 325 Schools and other educational 326 Stores and customer services 327 Other nonresidential buildings 328 Structures other than buildings 329 ADDITIONS, PRIVATELY OWNED PUBLICLYOWNED ALTERATIONS, AND Number Valuation of Number Valuation of CONVERSIONS Item No of buildings construction Omit cents of buildings construction Ortut cents Isl III) (cl (d) W Residential — Classify additions of garages and carports in item 438. 434 Nonresidential and n °nhousekespirg {37 ' AddBions of residential garages and carports laltached and detached) 438 ��l 11111i fill PLEASE CONTINUE ON RFVFASS Amt —dy -, rna. Fu a ca IUTAL VALUATION $1,045,956 DEMOLING TIONS AND PRIVATELY OWNED PUBLICLYOWNED RAZI OF her, Item Number of Number of BUILDINGS Buildings Housing Buildings. Housing units umis (a) Ibl Icl 141 lel single larmly houses (attached and detached) 645 Two - family bwdings 646 Three - and four family buildings 647 I F,e o•- morr!amdv buildings 648 All othu buildings and structures 848 INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT *500,000 OR MORE Please provide the following information for each permit authorizing construction valued at 5500.000 or more entered in sections l through IV. Item No. Owner Number of Housing g Buildings Ir^m sec Descri Lion ° Name and address of owner or budde, ship Mark (X) Valuation of cansuuctio^ IV one Omit cents uma gal Ibl Ic) Itll le) Ill 1 I Kira of Wilding ______________ ______ OPrlvata _ Bia address i Keld of Wilding __ _______________________________ __ _______________________________ ORlytte SRe eddreu _____________ i KIrW of Wilding _ _____________________ OPdvata _____________________ Ske adtlrau _______________ --------- _______ OPT i KM W bugdirq ____ _______________________________ Denville Site edGeu ------------------------- _ ------- OPT i Kind of braldbq ______________________ OPrpets ______________________ Bibb______________ ------------------ _ OPT i Kind at buldYq $Its eddrW _______________________________ ❑RANe i Knd Of building ____ _______________________________ a OPdve ________________________ Sia adMaM _ OPubac f K'stl M brddbq -------------------------- _ ---- __ OPdvne i Kind of building __ _______________ -------------- __ OPdvate -------- _---- ____---- Sal adbaw * Commill Jurisdictional my new faermN- IsauYq O No O Yee — Please give additional information in comments. Name of pnaon to contact regarding the report Telephone , Am code Number EKaman Title I is 10 0 . HUTCHINSON AIRPORT COMMISSION MEETING March 29, 1993 • Meeting called to order at 7:35 P.M. by Dave Skaar. Members present: Dave Skaar, Dennis Kahl, Joe Dooley and Tim M3.11er Members absent: Jim Faber and Paul Ackland City staff: John Rodeberg and Doug Meier Guest present: Tom Parker Motion made by Tim Miller, seconded by Dennis Kahl to allow the exchange of hangars between Tom Parker and Mark Lopac. Passed unanimously. Next scheduled meeting to be held April 26th, 1993. Meeting adjourned at 8:45 P.M. Report submitted by Doug Meier. M1114 F.S Parks & Recreation Board February 24, 1993 Members present were Lee Cox; Chairman, J.P. Auer, Virgil Voigt, Mike Schall, Mike Cannon and Linda Martin. Also present were Dolf Moon, John McRaith and Karen McKay. The meeting was called to order at 5:25 p.m. John McRaith was introduced to the board, he is the Assistant Recreation Director. He outlined his responsibilities, and reviewed the programs that he administers. Specifically, the youth baseball program will change this year. The teams will be playing all games locally, rather than playing in the Central Six League. This change will reflect a savings in the budget eliminating transportation costs. He also discussed an in -house computer registration system. The minutes dated January 27, 1993 were approved by a motion made by Mike Schall and seconded by Mike Cannon, the board unanimously agreed. Potential Facility & Park Development Committee Candidates - The board received a list • of names from a mix of industries. Dolf will be sending a letter to these individuals, hoping to get a response from nine people. Annual Report Follow -up - There were no further questions regarding the Annual Report. The upcoming compost class was filled with 200 registrants, an additional class was scheduled April 22nd for another 200 participants. Playground Proposal - The board received a copy of a memo addressed to the City Council. It was a proposal from Minnesota Playground to provide a unit in Rotary Park that would be handicapped accessible. In conjunction with this proposal, Dolf will be available to give tours and answer questions regarding the structure to other customers of Minnesota Playground. The proposal received approval by the council on Tuesday, January 26th The playground equipment for Roberts Park is being assembled, and will be set in place as soon as possible. Each piece of equipment is free standing to eliminate the frost heaving problem experienced in the past. Board members requested that a letter be addressed to outdoor volleyball players regarding parking on the grass near the shelter and the volleyball courts. It was also suggested that perhaps the current lot could be expanded. 17J T - ��� MINUTES Parks & Recreation Board • February 24, 1993 Page two MN DOT FmnRA Proposal - The City submitted 25 pages of information to Willmar as a potential candidate for monies to provide trail enhancements for bicycle /pedestrian trails in the Hutchinson area. The City should receive notification by March 10, 1993 regarding it's status. Assembly of God Church Proposal - The board received a copy of a request for use of Library Square and electricity on July 7, 14, 21 & 28 for a one hour gospel concert beginning at 7 p.m. There being no conflicts, Mike Schall made a motion to approve the request for use of Library Square for the dates specified by Assembly of God Church. J.P. Auer seconded the motion, and the board unanimously agreed. The board questioned if there are, or should be policies regarding use of Library Square. Board Member Items - J.P. Auer felt that open skating at the arena has been too crowded, for safety reasons. The demand for open skating has increased since the outdoor rinks are no longer maintained due to warm weather. The rink west of the Civic Arena is still being • maintained. Adjournment - The meeting was adjourned at 6:25 p.m. by a motion made by Mike Schall, and seconded by Virgil Voigt; the board unanimously agreed. klm • APPLICATION FOR PARADE PERMIT FOR OFFICE USE ONLY Date Received: Approved: . 1. Name of Organization (! Z �? 2. Address of Organization c-95�% /S,� /jy _<�F Phone— 3. Authorized Officer's Name 941re AL0141 4. Officer's Address SyL—/�/ C/ /n S/— Phone S9 — 5. Parade Chairman 6. Parade Chairman's 7. Date of Parade /rZjy -?/ 15;J� Assembly Time 90() 'V%-! 8. Location and Description of Assembly Area ��jl�j /o/ m %d er, A /// h� 9. Starting Time of Parade 9�5 Estimated Time of Termination Cj Oy — /1Y 10. Starting Point of Parade o(r)[✓ /7jf 11. )� 1 y z Route of Parade Travel �TT �/ ��� G/ /S� Cu� �� / {�xii 1 �7 77�r 012. Termination Point Parade /Gf /� of A 4 h� C.J6 r�ti y Ff[• i 13. Approximate Number of Units, Animals and Vehic1s which will /constitute Par de with Type and Description of Animals and Vehicles , F�f 14. Maximum Interval of Space to be Maintained Between Units Snit'� C 15. Maximum Length of Parade J/,0114e 16. Minimum and Maximum Speed of Parade MPH 17. Portion of Street Width Traversed ------------------------------------------------ Approved this _day of A9R), 19p,,t upon compliance with the following terms and conditions eRCC a�� ,e Ov1G9X14 p 41 W /' d ,1-<r ' Chief of Police ,R, • 2. 3 APPLICATION FOR PARADE PERMIT Name of Organization -2`l09C Q / CW /t/ ) Fc lt�w Address of Organizati Authorized Officer's FOR OFFICE USE ONLY Date Received: 4� Approved: 4. Officer's Address_ Phone —7 7 % 5. Parade Chairman SA m(g 6. Parade Chairman's Address 1`4�2 Phone 7. Date of Parade " L % TVA Assembly Time q 0 h 8. Location and Description of Assembly Area �f'Y1PrrCUt �E'G /zorJ �,p )1�s- 1p , 9. Starting Time of Parade 9,14/ AA±s /timated Time of Termination IQ h PY\ 10. Starting Point of Parade 3 r d /7 �i S5 t9I J 11. Route of Parade Travel r f 6 ,e 9 2p Pk f1 Pc�v m dz,0 Q � ��S�ja�k�� 0 Termination Point of Parade S A,6 i)� d 13. Approximate Number of Units, Animals and Vehicles which will constitute Parade with Type and Description of Animals and Vehicles TfoPLt 14. Maximum Interval of Space to be Maintained Between Units 15. Maximum Length of Parade 16. Minimum and Maximum Speed of Parade TLC w W Q MPH 17. Portion of Street Width Traversed �ts�JQ1TV L ------------------------------------------------ Approved this 10 day of Ap.e 1 ( 19� upon compliance with the following terms Chie Police 11 E PUBLICATION NO. 4491 NOTICE OF HEARING ON PROPOSED IMPROVEMENT LETTING NO.4 PROJECT NO. 93 -05 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the City Hall at 8:00 P.M. on the 13th day of April, 1993, to consider the making of an improvement of South Grade Road from T.H. 15 (Main Street) to Merrill Street by the Construction of median, street and signal revisions and Appurtenances, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the benefitted property, for which property owners shall receive mailed notice. The estimated City Cost of said improvement is $33,854.79 with an estimated $36,497.95 Assessable Cost, for the total estimated cost of $70,352.74. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: March 18, 1993. •.!1 _� City Admihistraf& PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, MARCH 25TH, 1993 AND THURSDAY, APRIL 1ST, 1993. RESOLUTION NO. 9922 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 4 PROJECT NO. 93 -05 WHEREAS, a resolution of the City Council adopted the 9th day of March, 1993, fixed a date for a Council Hearing on the improvement of South Grade Road from T.H. 15 (Main Street) to Merrill Street by con construction of median, street and signal revisions and appurtenances for Hutchinson Mall Plat No. 2. AND WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 13th day of April, 1993 , at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the resolution adopted the 9th day of March, 1993. 2. John P. Rodeberg is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 13th day of April, 1993. Mayor catty Administrator E -6-1A 0 4 � • �_-` to O _ vu Aa Q��an.F�- c.v,ohe. 4.49-110-1 i r i iZ0 t C l �1vs„ w ;- A , I _ 4c nor +h v i�i�r F 1 4. fCtcii,.c; p; J 0 ro r 1 iydi' Ta sc�.� j4)15 S s � I 1 C' n Tlis Zf14•S LI -2/ SF • PUBLICATION NO. 4492 PUBLISHED IN THE HUTCHINSON LEADER: Thursdav, March 25, 1993 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN Notice is hereby given that a public hearing will be held on Tuesday, April 13, 1993 at the hour of 8:00 P.M. in the Council Chamber of City Hall for the purpose of: • issuing an intoxicating liquor license to Michael Gene Fasching, owner of J's Pizza Bar & Grill located at 18 Main Street N. This hearing will be held by the City Council of the City of Hutchinson. At such hearing, all persons interested may be heard. March 23, 1993 Dated 0 City Administrator — ,6, AO ORI). CERTIFICATE OF INSURANCE ISSUE °= PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND ?OSS 's'e° It Agency CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 250 Cabriole Center DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 9531 '. 78th st. 2den Prairie, Mri. 55344 COMPANIES AFFORDING COVERAGE LETTERNY A USF 8c 0 COMPANY B INSURED LETTER COMPANY C Mn.i.n LETTER ?�utchinson, : n. 55350 COMPANY LEER D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. yL CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION OMITS DATE (MMIDDIYYI DATE (MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE f COMMERCIAL GENERAL LIABILITY PRODUCTSCOMPIOP AGO. f CLAIMS MADE OCCUR. PERSONAL S. AOV. INJURY f OWNER'S f CONTRACTOR'SPROT. EACH OCCURRENCE S FIRE DAMAGE (Any ono Ika) f .... LIED. EXPENSE (Am one P, ) S AUTOMOBILE LIABILITY ^ COMBINED SINGLE f ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY • SCHEDULED AUTOS (Pw Pn ) f HIRED AUTOS BODILY INJURY NON-OWNED AUTOS IPx oaitlnH) f GARAGE LIABILITY . PROPERTY DAMAGE f EXCESS LIABILITY EACH OCCURRENCE f UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS AND EACH ACCIDENT f EYPLOYERS'UABRJTY DISEASE— POLICY UNIT f DISEASE —EACH EMPLOYEE S OTHBII Li uarLiabilit q y Pendin^ 300,000 BI Per Person o 4 -01 -93 4-01 -94 300,000 BI Per Acc. w300,000 Loss of Suppor DESCRIPTION OF OPERATIONSILOCAT IONSIVEHICLEWSPECIAL ITEMS �300'uuu , omega e CERTIFICATE HOLDER CANCELLATION City O£ Hutchinson SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 37 Washington, Ave. West EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 10 Hutchinson, ran• 55350 MAIL DAYS WRITTEN NOTICE TO THE CERTIMATE HOLDER NAMED LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATI R LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS RR REPRESENTATIVES. ,� ru I_ AUTHO,IDZEO REPRESEENN +TA.�TIVE/j� /J- � 1 Jn ,, ACORD TS -S 7190 CA66RD CORPORATION 1990 i TO: Mayor and Council FROM: Steve Madson, Chief of Polic DATE: April 1, 1993 RE: Liquor License Investigation ----------------------------------------------------------------- This department received a request for an investigation into the background of liquor licensee applicant Michael Gene Fasching. This request was received March 10, 1993. Mr. Fasching stated that he was going to be the sole proprietor of J's Pizza Bar & Grill located IS North Main Street in Hutchinson. The background into Mr. Fasching indicated no past history of any derogatory consequence. Additionally, no evidence was found that Mr. Fasching has previously owned any business which has dispensed alcohol or possessed a'liquor license. Mr. Fasching did indicate that the current licensee at J's Pizza • Bar & Grill, Steve Picha, and previous owner Gene Doherty would no longer be affiliated with the business operation. Additionally, Mr. Fasching was advised that prior to the public hearing he would be required to have a restaurant license in hand and would be required to have the building inspector and a member of the police department conduct a walk through of the premises. If the aforementioned conditions are met I would recommend issuance of the liquor license. /lkg 93 -01 -0007 Ll MEMORANDUM TO: Chie` Macson FROM: Sgt. Ron Kirchoff DATE: March 22, 1993 RE: Liquor License Investigation ----------------------------------------------------------- Sub'ect: Michael Gene Fasching 945 Jefferson St. S Hutchinson, MN 55350 On March 22, 1993 I completed the background investigation on Mr. Fasching pursuant to his request for an "on sale" intoxicating liquor license. As stated in the request, Mr. Fascning is attempting to purchase the business located at 18 Main St. N going by the name of J's Pizza Bar and Grill. In comoleting the background investigation of Mr. Fascning I find no criminal activity associated with MICHAEL GENE FASCHING. I also found no evidence that Mr. Fascning owned an a7cohoi related business in the past. On March 22, 1993 I requested an interview with Mr. Fascning to. answer several questions regarding the proposed transfer of the business. The interview was at the police department and I asked Mr. Fasching if he would be the sole proprietor and he stated he would be. Further investigation .evealed Mr. Fasching will be purchasing the business and the igr1om Mr. Gene Doherty. It is Mr. Faschings intention e; h� proprietor s -c resident manager of the business. rasching if he was presently employed at J's Pizza Bar and ill nd he stated he was for a short time to learn the business and upon purchasing the business both the previous owner (Mr. Doherty) and business owner (Mr. Picha) will no longer be affiliated with his operation. Prior to concluding our interview I'advised Mr. Fasching he would need to secure a restaurant license with the necessary inspections and prior to the council acting on his application a walk through inspection would be required with the assistance of Jim Marka, Hutchinson Building Inspector and or a member of the police department. \;g 0 �r APR, 13 '93 16:40 WESTEPH SUPETY 505335035? • \Nestern Surety Company 11 We Are Committed To Quality Service FAX MEMO Date; 13 43 To:/ _ r � T Attention: V Re: P.1.'-- Number of pages (including c:o�er) • Customer Service Calls 1-800-331-6053 P.O. Box 5077 FAX # 1 -605 +335 -0357 W We S Satis;Y Sioux FaCs, South Dakota 57117 -5077 C Customers APR 13 '93 16:41 WESTERN SURETY 60533501357 P. 212 _# TFX COPY DATE: 93.04.13 TIME.: 16.3102 xli•u JSER -ID: BMM • TERMINAL. -ID: T191 ''RINTER - -ID: T226 !ES'SION-ID: PRODDB CHK MSG: AG W E S T E R N S U R E. T Y C O M P A N Y ZIF05M VIEW BONDS OFFICE; SF 1 YPE. CURRE.N F BOND NUMBER STATE ISSUE DATE LAST CORR. DATE R -STS ST E-'FX NUi•imN 58569664 MN 04 12 93 04 13 `i';:5 PRINCIPAL NAME: FASCHING, MICHAEL, ET AL DAA MAIN STREET BAR & GRfLL. EFFECTIVE: DATE: ANNIVERSARY DATE: TERM CLASSIFICATION FR W E G i 04 09 93 04 09 94 O1 2 4130 00 00 UU 00 U(: PENALTY GROSS PREMIUM WATAP INSURANCE "AGE,NCY AC:EN1 CODE 31000.00 50.00 32562 IRONWOOD *R• 2 166YS+ SAINT JOSEPH, MM 563 74 DESCRIPTION: 93 ON SALE LIQ HUT -------------------------------- ENTER •- VIEW BOND PF;1 -. VIEW NEXT TERM FOR BOND -2 - VIEW PRIOR TERM FOR BOND COMM CHINSON CY 30.0 -------------------------- REQUIRED INFORMATI PF6 -- VIEW CORR h ADJ. OFFICE CD, BND Nlo PF'7- SAVE BOND NUMBER r� 1. This form was Y Bureau of Criminal eb the my pa Betehinson Apprehension, DeParLSnt of Pohl c to Minnesota I Q sota Statutes, 1976, Section 340.13, for _ grouts investigation. It does not supercede uy laws, rules or of th regulations e Division of Liquor Control regarding the issuance of liquor licenses. Pailore to provide information requested Wy result in denial of the application. Jt PIZ20. BaiLS (:m.t.L- - "Q 0 3�O4�4Z 2. G—F'+ R l inL Li ensg period 3. Type of Application: Hew t � Renewal 4. ^n ej GfnJ 'f �qi `. Name of Applicant s. `145- 7 r C e b Hose Add S H {c «� M 6. Citizenship: U,S Place of Birth B. Q. %ln LA.... 9. N L) i-�- Divr — Date of Appl[cation Transfer . A;14- SY;7 -86, 7!- Date of Birth Legal Description 04 N vtC�. \NSONIPC, I2t, i,.W 010- List Owners of building r T 9 Precise to be licensed: �',A, . 1GT.4 iii l.L 0 11. List all partners, officers or directors, if corporation: Sr'tL rTc.,e S//i {� Address Dats of Birth !�iCs.lSf +el_. Gev_ eFa Lk.:vc, f-H S_ ;e f4c Qtw n.;.N• c4ws,.w U3/zSb /s-' m INN 1 a 1 s U 12. Prior experience in this type of business, l�QR Ye Nd o "'FO Q 13. Present ownership in any other liquor establishments -W-Q L4. Present ownership in any other restaurant or food business, N00 E P'.5. Three Business Referenced Fq� R�?aLsov ly =A+5 CLU4A+s� GMac -ica� LoeN<l 6. h�nw S +Qert T3C\R1 C�a t_L n rsnip Title Corporate or Partnership Address ols. If this is aY transfer application give name, address, of persons, partnership or corporation holding linnq for the past year. 17-S P00izA 19 L7 019. Who Owns the bar /tavern fixtures? e U e P16',2 - J's P,zz4 SgRj rbwv -%. 20. Are you a Minnesota resident? Yes u No Peary + �1 Fram To If not, where resident? Dates of Residency 21. Residential Address during Past Five (5) Yearn j1n 10 C�•.ou �LtR �L<,.+ eG�r J�, 945 22. Three Personal References: r�J� W R1�1L n R- ACr00-10" TN SB7 -390' WaAr PQAkb2Q I)A i.t-.. ,,, MAP, 3"07 -8(6--)b Dine I 1 <rs or a� c Ne4� - 6wA;c0. 0.ow RweR Pa i. 23. Employment for the Past Five Yeares B" "`Ac- "" +tpI 'Ttc4. Ic INC I IRS, Aav C•,nvictions Other Than Ninon Traf -j.en Nau_e' .5. This application must be accompanied by detailed statement of net worth and last year's tax return and statement of method of payment for business, fixtures and inventory. 26. Applicant, and his associates in this application, will strictly ecmply with all the Laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor; rules and regulations promulgated by the Liquor Control Commissioners and all ordinances of the municipality; and I hereby certify that I have read the fore- . going questions and that the answers to said questions are true of my own knowledge. I further understand that an investigation fee not to exceed $500.00 shall be charged an applicant by the city or county if the investigation is conducted within the state. ar the cost not to exceed $10,000.00 if the investigat' - - °r,•` -ids the state. I further understand the ordinances of the City of Hutchinson regarding the operation of ou-sale liquor licenses and agree to abide by them. Signature of Applicant Subscribed and sworn to before me this day of 19 (Notary Public) My Commission expires, L� 0 • • • 3/20,43 �2ear, City Ciincil Members; We are writing to request action be taken to provide boulevard sidewalk on'` the West side of Haan St.. � Chil,dren are forced PH On hn +h QjAQS of the street Due to the large amount of pedestrian traffic for a'1l ages we feel it is a necessity to pr ,vide walks off the street. v s -- 9 M1 • RESOLUTION N0. agt7 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Trees - 300 Various Varieties $ 11,757. LO 1993 Planting Park * Plants Beautiful *Grants and utility tr nsfers. DO Replacement under Garage Yes Plowman Ford The following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR 8,500 Gal. 100 LL. Aviation Fuel 10,531.50 Resale - New Tank Airport Yes B & F Companies Ford Police Squad Car 14,114. DO Replacement under Garage Yes Plowman Ford Current Bid Compost Bins 5,928.79 Compost Class Recycli g Yes Barclay Recycling Date Approved: April 13. 1993 . Motion made by: Seconded by: Resolution submitted for Council action by: 7 A. • RESOLUTION NO. 9918 RESOLUTION SUPPORTING ELIMINATION OF "DOUBLE TAXATION" FOR SERVICES NOT RECEIVED BY A MUNICIPALITY WHEREAS, the City of Hutchinson supports (H.F. 1394, S.F. 1323) the elimination of "double taxation" on City residents, WHEREBY there are many situations where City residents are paying the County tax levy for services they do not receive, WHEREBY a specific example in Hutchinson is the County emergency dispatch expense that is levied on City citizens, WHEREBY the County is providing no service, WHEREBY the League of Cities strongly endorses the elimination of "double taxation" in instances when no service is provided City residents, NOW THEREFORE, BE IT RESOLVED that the citizens of Hutchinson and its duly elected Mayor and Council strongly endorse H.F. 1394, S.F. 1323, to encourage greater fairness in taxes for services actually received. Adopted by the City Council this 13th day of April, 1993. ATTEST: Gary D. Plotz City Administrator U Paul L. Ackland Mayor I) J 11 of Minnesota Cities Lq IC Cities Bulletin Number 12 March 26,1993 Cities would front 25 percent of pollution clean -up costs under new proposal Sarah Hackett House tax cbawAnn Rest (DFL- New Hope) has introduced a bill to create a grant program for pollution clean -up with funds coming from a contamination tax. The grants would pay for half of the cost of clean -up of certain areas. The other half would be the city's responsibility. One - quarter of the total could come from tax incre- ment financing 0117), with the remainder coming from the city's general fund, property levy, or unre- stricted funds. The bills the Minnesota Solutions Partnership has endorsed give cities better tools to address pollution clean - up. And, the League believes there are better options for funding the state portion of clean -up costs. Pollution clean -up The Rest bill, H.F. 1189, would create a grant program for pollution clean -up to be administered by the Pollution Control Agency (PCA). The grant program would get its funds from a contamination tax. These tax revenues would come from a special tax to be imposed on reduced market values of contaminated property. Property owners would need to appeal to their assessors for a reduced valuation because of the pollution on the site. The tax rate on the difference between the original value and the reduced value would be subject to a the property owner would have to very low tax rate (between 03 and two provide the assessor with a PCA percent). Crbe bill would exempt the cctifieation that a response action first $ 10,000 of reduction from the plan had been completed for the site. new tax.) To qualify for the reduction, See Pollution, page 3 League supports bill ('Q{' �"'' MM �4Q b e sw*A �-� Mh Cities could appeal duplication of county servic s Sarah Hackett A bill to allow cities or towns to appeal to their county, on behalf of residents, to eliminate a double taxation has been introduced in the House and Seam. There we many situations where city residents ate paying th county property tax levy fatk county services that they do not receive. The bill (HF. 1394, S.F. 1323) would address the situation where a county service isn't provided/ inside city limits and�the_ my_�v des tliFimm ftequently at a higher level ci 'quality the county service. Under the proposal, a city or town could petition their county for a bearing to consider the service duplication. The petition would include the circumstances of the county service and the city's service, and specify the amount of the levy adjustment that the city is requesting. The county would then schedule a bearing on the petition. The county and the cityhown making the appeal would share the cost of the newspaper advertisement of the county's bearing. The county could discuss the appeal at either the regular county board meeting or a special meeting. At the bearing, the city would have the opportunity to discuss city services and those of the county, including details of service and cost. The county board could then reduce or eliminate the disputed levy on city residents. The derision of the county board, however, is final. No other appeal process is provided. League policy supports this proposal. House authors are Beard, Stanius, Pelowski, Woirman, and Orenstein. Senate authors are Price, Reichgott, Flym, and Chandler. 73e League encourages city officials to contact your legislators In support of this legislation and oferM specific examples of the value of th apps process to the residents of your city. RESOLUTION NO. 9919 A RESOLUTION ACCEPTING $162,500 FROM HUT CHINSON UTILITIES COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: THAT a $162,500.00 transfer from the Hutchinson Utilities Commission to the City of Hutchinson's General Fund, in the amount of $93,750.00, and to the Capital Projects Fund, in the amount of $68,750.00, is hereby accepted. Adopted by the City Council this 13th day of April, 1993. 0 ATTEST: Gary D. Plotz City Administrator P Paul L. Ackland Mayor C. E ORDINANCE NO. 93 -77 AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: The following described real property is hereby rezoned from R -3 Multiple Family Residence to R -4 Multiple Family Residence, with the following legal description: Lot 1 and Lot 2, Block 1, Twin Oaks Addition Adopted by the City Council this 13th day of April, 1993. • ATTEST: Gary D. Plotz City Administrator 0 Paul L. Ackland Mayor / -T)' 9 ORDINANCE NO. 93 -79 AN ORDINANCE OF THE CITY OF HUTCHINSON, COUNTY OF MCLEOD, STATE OF MINNESOTA, INCORPORATING AND ANNEXING CERTAIN TRACTS AND PARCELS OF LAND INTO THE CITY OF HUTCHINSON AS MORE PARTICULARLY SET OUT IN SAID ORDINANCE WHEREAS, certain parcels of land as more particularly described below abut or adjoin the City of Hutchinson; WHEREAS, the Minnesota Municipal Board pursuant to Minnesota Statutes Chapter 414 has approved the following annexation; WHEREAS, it would be in the public interest to annex and incorporate said lands into the City of Hutchinson; NOW, THEREFORE, the City of Hutchinson does ordain: SECTION 1. That the lands hereafter described shall be, and the same hereby are, annexed to the City of Hutchinson, a Minnesota municipal corporation, located in the County of McLeod and State of Minnesota and from and after passage and publication of this ordinance, said lands shall be annexed to and become a part of and included in the corporate limits of the City of Hutchinson: Lot 6 of Auditor's Plat of West half of Section 32, Township 117 North, Range 29 West, as measured at a right angle to the North line of said Lot 6, except for the Northerly 914.40 feet SECTION 2. This Ordinance shall become effective from and after publication. Adopted by the City Council this 13th day of April, 1993. ATTEST: Gary D. Plotz City Administrator Paul L. Ackland Mayor 7—E. RESOLUTION NO. 9920 • RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES WHEREAS, the Director of Engineering and the Police Chief agree that the following areas have traffic control concerns which warrant traffic control devices, and; WHEREAS, the Hutchinson City Council has the authority to establish locations as points where traffic control devices shall be erected, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSONs That the Council hereby establishes that a traffic control . device known as a 'No Parking' sign shall be erected at the following location(s)s The north side and south side of South Grade Road between TH 15 and Merrill Street. Adopted this 13th day of April, 1993 by the City Council of Hutchinson, Minnesota. City Administrator - Gary D. Plotz U Mayor - Paul L. Ackland 7— F. C M E M O R A N D U M DATEt April 6, 1993 TOt Hutchinson City Council FROM: Hutchinson Planning Staff SUBJECT: R -3 ZONING DISTRICT DENSITIES As you probably recall, the recommended density change for 4,500 sq. ft. to 4,000 sq. ft. per dwelling unit in R -3 was approved by the Planning Commission and tabled by yourselves. • At the 4/5/93 Planning Staff meeting a compromise of 4,200 sq. ft. per dwelling unit was reached and will automatically go to the City Council. If you are interested in the specifics of the discussion, feel free to contact Gary Plotz, Jim Marka or John Rodeberg. cc: Planning Commission, FYI Marilyn Swanson, City Council Consideration City Hall Parks Fr Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 C DATES March 17, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: AMENDMENT TO ZONING ORDINANCE #464 AS SUBMITTED BY CITY STAFF Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request to amend the Zoning Ordinance. HISTORY In February of 1993 the Hutchinson Planning Staff brought to the attention of the Planning Commission the need to make changes to the zoning ordinance regarding dwelling density in the R -3 district from 4,500 square feet to 4,000 square feet per unit on 4 or more . family or townhouses in Section 8.05 and Section 9. FINDINGS OF FACT 1. All procedural requirements Ordinance have been complied 2. Notice was published in the March 4, 1993. 3. The proposal was deemed to interest of the City. for amendments to the Zoning with. Hutchinson Leader on Thursday, be appropriate and in the best The hearing was held at the regular meeting of the Planning Commission on Tuesday, March 16, 1993, at which time there was no one present who objected to the request. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to amend Zoning Ordinance #464 be approved. Respectfully submitted, Clinton Gruett, Chairman Hutchinson Planning Commission City Hall Parks & Recreation Police Department 37 Washington Avenue [Vest 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (611) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 - Prided on recycled paper 0 ORDINANCE NO. 93 -78 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 464, SECTION 8.05 AND SECTION 9, DWELLING UNIT DENSITY IN R -3 DISTRICT THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: SECTION 1. That notice of hearing was duly given and publication of said hearing was duly made and it was made to appear to the satisfaction of the City Council that it would be in the best interest of the City to amend Zoning Ordinance No. 464. SECTION 2. That Section 8.05 and Section 9 DWELLING UNIT DENSITY is amended as follows: Change dwelling density in R -3 District from 4,500 square feet to 4,200 square feet per unit on 4 or more family or townhouses in Section 8.05 and Section 9. SECTION 3. This ordinance shall take effect from and after its passage and publication. Adopted by the City Council this 27th day of April, 1993. ATTEST: Gary D. Plotz City Administrator 0 Paul L. Ackland Mayor 14 M E M O R A N D U H April 7, 1993 T0: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Consideration of Pipeline Easement for Northern Natural Gas Attached is a Pipeline Easement for constructing a natural gas pipeline across east side of the Hutchinson Utility Site. The easement runs along an area 50' wide, parallel to, and west of, the spur line railroad. It is proposed to be centered 25' west of the in -place railroad track. We propose to have Willard Pellinen • provide an accurate easement description and survey. We also propose to revise the agreement to require the line be buried a minimum of 48 ", instead of 36 ", to more readily allow future construction along the spur line, and to require that the City have the right to construct paved parking and /or access roads in the easement. This line will provide additional service to HTI, proposed Hutchinson Utility Generating Plant construction. Richard Russell, the Right -of -Way (parent company of Northern Natural Gas) will be discuss any concerns or questions. <J> • City Hall 37 Washington Avenue West (612) 587 -5151 Parks &Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - as well as to the currently under agent for Enron at the meeting to Police Department 10 Franklin Street South (612) 587 -2242 �'_A, Tract No. : 937 -1 -7 Line No. : M M3701 W.O. No. : S43058 Line Name : HUICHniSM B/L I hereby give permission to NC MMW NAT ML, GAS 02VANY, and its employees, agents and representatives, to enter -upon my - Trcperty, hereinafter described, for the purpose of conducting - all - sLsveys andAmminatiions to establish a route for a natural gas pipeline. Canty of McLeod, State of Mimwsota, The North 69' of lost 2, Lots 3, 4, 5, and 6 of Block 3; of iiutdiiman irastriri District, according to the plat therof on file and of record in the office of the Registrar of Titles, McLeod 0o uuty, MN and that part of vacated Fourth Avenue Southeast and Superior Street described as follows: Oommencing at the Southwest Oamer of Lot 6 of Black 2 of Hutchinson Industrial District; thence SO.001W, a distance of 33.0 feet; thence S89 0401, a distance of 460.00 feet to the point of beginning; thence S89040FE, a distance of 493.01 feet; thence NO°00'E, a dsitance of 33.0 feet; thence N890401W., a distance of 493.01 feet; thence SOOOO'W, a distance of 33.0 feet to the point of beginning City of iiutciinsan Record Owner: City of sitchinscn, Mti vrorryi9 R MA "M Right- of-Way Agent for Northern Natural Gas Company Date Date u L� u 9 - -A - Tract No.: 937 -1 -7 W.O. No. : 543056 .. Line No. : MN5937O1 Lire Name: HXXHIN" B/L PIPEEMM EMM24W • Ftr and in consideration of Ten and No /100 dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the undersigned (hereinafter referred to as Grantor, whheth er ore or more), hereby bargains, grants, conveys, and warrants to NMMMW NA1LM GAS COMPANY, a Delaware corporation (hereinafter referred to as Grantee), the perpetual right, privilege, and eam"rn+t to CMWUI=t, maintain, and operate one pipeline and below ggrrourd appurtenances, including cathodic protection apparatus, on, over, under, across, and through a strip of land fifty feet (501) in width across the following described land situated in the Canty of h4rleod and the state of Minnesota, to wit: See DdWnt "A" attached hereto and, by this reference, made a part hereof. TO HAVE AM 70 M D Marto said Grantee, its successors and assigns, together with the right of ingress to and egress from said right-of -way across the adjacent property of Grantor for the purpose of mrveying and clearing the rightbf -way of bush, trees, and obstructions, and for excavat- ing, constructing, operating, inspecting, repairing, replacing, re- sizing, protecting, altering, awing, or removing the pipeline and appurtenances of Grantee located thereon, in whole or in part, at the will of Grantee. It is further agreed as follows: 1. That rising construction or removal of said pipeline or appurterwym, Grantee may utilize an additional strip of land not more than twenty -five feet (251) in width adjacent to Grantee's easement ent strip for working space ally. 2. That in the exercise of its rights hereunder, Grantee shall: (a) bury all line pipe to provide a minims cover of thirty -six inches (36"), e=ept in rock where a mrinim.m, cover of twenty -far irdues (24 ") will be provided; (b) restore the ground surface as nearly as practicable to the original cmtor which existed immediately prior to the ounce ent of any work: (c) provide suitable ditch cross-overs during ccnstnxticn as are reascrably required by Grantor; (d) properly support each side of a contee- plated ferux opening by suitable post and braces before a fence is cut, and, where required, to provide a temporary gate: (e) repair in a good and work- manlike manner all fences and drainage and irrigation systems which am out or disturbed by Grantee; and (f) at its option, restore or pay Grantor for any damages caused by Grantee to Grantor's growing cops, grasses, trees, shrubbery, fences, buildings, or livestock, provided, however, that the Grantee shall have the right, without liability for damages, from time to time to art or clear trees, brush, or other obstructions on said right-of- way that might interfere with the operation or maintenance of Grantee's facilities, though Grantee has no obligation to do so. 3. That Grantor shall have the right to use and enjoy the surface of the right-of -way for agricultural, pastrage, or other similar purposes which will not interfere with the use of the right- of-way by the Grantee for any of the purposes hereinebove granted, it being understood that no building, structure, improvement, or obstruction, other than ordinary and usual fences, shall be placed within or upon the right-,of-way, and that there shall be no alteration of the grand surface or grade of the right -of- way, without the express written consent of the Grantee, and, to the extent that written permission has not been given, Grantee shall have the right to clear and keen cleaned fr® within the right-of-way all trees, brush, undergrowth, buildings, structures, improvements, or other E 9 -A Tract No.: 937 -1 -7 N.O. No. t 543050 .. Line No. : PM3701 Line Name: I MUMSS.ib B/L obstructions, and, after said pipeline has been installed, Grantee Ball not be liable for damages mmm on the right- of-vay by beeping the right -of-way clear of such trees, brush, undergrowth, buildings, Structure, inxvvements, std other obstsi:ctims in the use of its rights hereunder. 3. sat this instrument may be executed in couantaparts, but which together stall constitute cne and the same instrument. 4. That the rights of the Grantee may be assigned in vAole or in part. 5. sat this instrument contains the entire awaam* of the parties: that there are no other or different agreements on understandings between the Qw ton and the Grantee or its agents; and that the person sealing this easeee..t on behalf of the Grantee is without authority to na)m any agreement concerning this easement which is not set famth herein. It is understood and agreed that this easement and all rights, privileges, and obligations treated herein shall run with the land and shall inure to the benefit of and be binding upon the legal representatives, heirs, mocuto s, adaidstratas, successors, and assigns of the parties hereto. Signed and delivered this _ day of , 1993. City of Hutchinson BY: TME. TITLE: S= OF ) )Ss OCURZY OF ) on this _ day of 1993, before me a Notary Public duly octam, icned and qualified in and for said warty and state, personally appeared and the and of City of Hutchinson, a mmicipal ration, lmwn to me to be the identical person(s) named in the above instrument to be _ free and voluntary act and deed and the free and voluntary act and deed of said aapo ation. WrIN SS ay bard and official seal at , in said county and state, the date aforesaid. (SEAL) Notary Public 14y 03=1 ion Expires This Instrument Drafted By: Night- of-Nay Department . Northern Natural Gas Ompany 7901 Xerxes Avenue South, Wits, 209 • Minneapolis, Mi 55431 -2- •Jnr�,l•,c- Hutchinson utilities commissior, �T­ 4 *S h1A& 1993 RIEC VW ;u�c�in�an 1?icr,es ^z March 30, 1993 0 City Council Members City of Hutchinson Hutchinson City Hall 37 Washington Ave W Hutchinson MN 55350 Dear Council Members, We're requesting of you to waive the building permit fee for the construction of the new Unit #1. If you have any concerns, please call Clarence at the Utilities. Thank you. Sincerely, H HINS N UTIL IES COMMISSION T mas Ly e O President is as h ?rzsia =ru T fcmM ai �noe kac m.a, a r uere��, /_g / APPLICATION FORM FOR • TEMPORARY RECYCLABLE MATERIAL COLLECTION NAME AND ADCRESS OF OWNER ('an Man 2- Q 0 67s 8o f -Xa n j9v e s ,.v. u 7F-ra /o, M Al S 6313 APR-5M CITY OF HUTCHINSON DRIVER'S LIZEISE !, L'- �o�ia-al7- e&7 -Pad- If, on -site c_e =ator is different than owner list names: //�� ce— 1.Z4_nS 0a Son l y lSOh cj)YJS a1-150n ZONING CLASSI!ICATION OF ABOVE SITE: WHICH DAY C? !HE WEEK AND HOURS DO YOU ANTICIPATE OPERATING? !S7o it 4.N DAY OF WEEK r!�,3 HOURS SPECIFY HERE CR ATTACH SCHEDULE OF DATES FOR A ONE YEAR PERIOD OR MORE: very f34/I LIST �nHOUSEHCLI PPEMS YOU PLAN TO SOLICIT OR ACCEPTS )ql r77 i) i( vr„ r4-n 5 L] 9_2 LOCATION PR =PGSED FOR TEMPORARY RECYCLING SITES WC / - M0-r7/ /o • ZONING CLASSI!ICATION OF ABOVE SITE: WHICH DAY C? !HE WEEK AND HOURS DO YOU ANTICIPATE OPERATING? !S7o it 4.N DAY OF WEEK r!�,3 HOURS SPECIFY HERE CR ATTACH SCHEDULE OF DATES FOR A ONE YEAR PERIOD OR MORE: very f34/I LIST �nHOUSEHCLI PPEMS YOU PLAN TO SOLICIT OR ACCEPTS )ql r77 i) i( vr„ r4-n 5 L] 9_2 SUMMARY OF REGULATIONS LIMITING THIS ACTIVITYs NO SHREDDING OR STOCKPILING OF MATERIAL ON SITE (ORDINANCE 90 ,) SEPARATORS AND COMPACTORS ALLOWED ONLY IF WITHIN VEHICLE OR NOT ACCESSIBLE TO PUBLIC (ORDINANCE 90 -24) NO COLLECTION WITHIN 200 FT. OF COMMERCIAL BUILDING OR 300 FT. OF RESIDENCE (ORDINANCE 90 -24) NO SIGNAGE ALLOWED, EXCEPT = '74TTACHLb TO "iOLLECTION VEHICLE (ORDINANCE 90 -24) NO COLLECTION (OR SIGNAGE) ON CITY BOULEVARDS OR STREETS (CHAPTER 7 MUNICIPAL CODE) ONLY HOUSEHOLD RECYCLABLES (EXAMPLE NEWSPAPERS, PLASTIC, GLASS, METAL CANS) (ORDINANCE 90 -24) WEIGHT SCALES SHALL BE CERTIFIED (STATE REGULATIONS) I hereby agree to abide by ordinance number 90 -24 and all other applicable State and city of Hutchinson Municipal Codes and Regulations. Signature required owner /operator • * Copies of ordinance(s) available upon request. OFFICE USE Application Approved City Administrator Copies Forwarded ( ), Police Chief ( ) Zoning Official ( ) City Attorney ( ) • PUBLICATION NO. 4164 • ORDINANCE NO. 90 -24 , SECOND SERIES AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING SECTION 10 OF THE HUTCHINSON ZONING ORDINANCE BY ADDING THERETO SECTION 10.06 DEALING WITH STANDARDS FOR TEMPORARY LOCATION RECYCLABLE MATERIAL COLLECTION SITES AND BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: SECTION 1: Chapter 10 of the Hutchinson City Ordinance entitled "special provisions" is hereby amended by adding section 10.06, to read: 10.06. Standards for temporary location recyclable material collection. Subd. 1. Temporary collection permitted. The temporary location of mobile recycling centers within zoning districts I -1, IC -1, C -3 and C -4 shall be permitted, however, that a license is issued and the fee for the license is paid by the applicant. . Subd. 2. Requirements for licensure. A license may be issued only when the applicant has submitted an application a form approved by the City Administrator and has met the following requirements: (a) the applicant must specify the location sought for a temporary recycling site. (b) collection activities shall be allowed at specified location no more than one (1) day per week. (c) collection may occur only between the hours of 8:00 a.m. and 8:00 p.m. (d) applicant shall be limited to no more than one vehicle per site. No shredding of material shall occur at the collection site. No stock piling is permitted. The only piece of • equipment permitted outside of the recycling vehicle is a scale. (e) a metal separator and compactor may be used for the purpose of collection of aluminum material but only if the equipment is totally contained within a vehicle or not accessible to the public. Subd. 3. A collection vehicle may be located on a site only if it does not impede access to the site, hinder normal vehicular flow on the site or use excessive parking area. Subd. 4. A collection vehicle shall not be located within 200 feet of an adjacent commercial facility or 300 feet of a residence. Subd. 5. All garbage and debris must be removed from the area in which the collection activity was collected prior to departing. Subd. 6. Any vehicles used in collection shall be clean and otherwise comply with all traffic regulations. Subd. 7. No signs promoting the recycling activity ma be posted anywhere other than directly affixed to the collectio vehicle. Subd. B. Only household recyclables may be collected at a temporary site. Household recyclables include newspapers, plastic, glass, and metal cans. Subd. 9. The applicant -shalt sibmit'a` schedule -•of dates for a one year calendar period at the time of application and a supplemental list, in the case of mid -year applicants, shall be submitted by December 31 of the year of application for the following year. Subd. 10. Municipal sponsored recycling activities are exempt from the provisions of this ordinance. Non profit organizations shall apply for a license to conduct recycling activities at a temporary location but shall be exempt from the requirements of this ordinance. Each non - profit organization may sponsor no more than four (4) temporary location recycling projects in any one calendar year. SECTION 2. City code, chapter 1, entitled "general provisions and definitions applicable to the entire city code (including penalty for violation) and Section 2.99 entitled "violation a misdemeanor" are hereby adopted in their entirety, by reference ,• as though repeated verbatim herein. SECTION 3. The ordinance shall take effect upon adoption and publication. Adopted by the city council for the City of Hutchinson this 28th day of August, 1990. D� �a.J Paul L. Ackland, Mayor Attest: Gary D. P ot2 Hutchinson City Administrator First reading: august 14, 1990 Section reading: August 28, 1990 Published in Hutchinson on 'Tuesday. September 11, 1990 APPLICATION FORM FOR TEMPORARY RECYCLABLE MATERIAL COLLECTION • NAME AND AC F =5S OF OWNER �,L3A5* 910 APR1993 u/ m Bar �aa RECEVED N CQ DRIVER'S LIZETSE i, S- Coo -d% / D/O If, on -site r;e=ator is different than owner list names, LOCATION PF._P SEE FOR TEMPORARY RECYCLING SITE, _,Boy✓� ,%Jy A�L ey ZONING CLASSIIICATION OF ABOVE SITE, WHICH DAY OF 'HE WEEK AND HOURS DO YOU ANTICIPATE OPERATING? DAY OF WEEK HOURS SPECIFY HERE tR ATTACH SCHEDULE OF DATES FOR A ONE YEAR PERIOD OR MORE, — LIST HOUSEHCL: 1-TEMS YOU PLAN TO SOLICIT OR ACCEPT, • 9 -.T) SUMMARY or REGULATIONS LIMITING THIS ACTIVITYs NO SHREDDING OR STOCKPILING OF MATERIAL ON SITE (ORDINANCE 90•0) SEPARATORS AND COMPACTORS ALLOWED ONLY IF WITHIN VEHICLE OR NOT ACCESSIBLE TO PUBLIC (ORDINANCE 90 -241 NO COLLECTION WITHIN 200 £T. OF COMMERCIAL BUILDING OR 300 FT. OF RESIDENCE (ORDINANCE 90 -24) NO SIGNAGE ALLOWED, EXCEPT ATTACHED TO COLLECTION VEHICLE (ORDINANCE 90 -24) NO COLLECTION (OR SIGNAGE) ON CITY BOULEVARDS OR STREETS (CHAPTER 7 MUNICIPAL CODE) ONLY HOUSEHOLD RECYCLABLES (EXAMPLE NEWSPAPERS, PLASTIC, GLASS, METAL CANS) (ORDINANCE 90 -24) WEIGHT SCALES SHALL BE CERTIFIED (STATE REGULATIONS) I hereby agree to abide by ordinance number 90 -24 and all other applicable State and city of Hutchinson Municipal Codes and Regulations. Si ature required owner /operator • Copies of ordinance(s) available upon request. OFFICE USE Application Approved City Administrator Copies Forwarded ( ), Police Chief ( ) Zoning Official ( ) City Attorney ( ) 11 DAVID B. ARNOLD OA" D. MCDOWELL •STEVEN A.ANDERSON O. BARRY ANDERSON' STEVEN 5. ROOF LAURA E. PRETLAND DAVID A. BRUEOOEMANN PAUL D. DOVE* M. PAIENENT JAMES UTLEY RICHARD O. N.OEE CATHRYN D. REBER March 26, 1993 AP,NOLD & MCDOWELL ATTORNEYS AT LAw . 101 PARK PLACE HUTCIiINSON, MINNESOTA 55950-2563 (612) 587 -7575 FAX (612) 561-4096 Mr. Tom Creighton Bernick & Lifson 5500 Wayzata Boulevard Minneapolis, Mn. 55416 RESIDENT ATTORNEY O. BARRY ANDERSON Mr. Adrian Herbst Moss & Barnett 4800 Norwest Center 90 South Seventh Street Minneapolis, Mn. 55402 Re: Hutchinson Cable TV Services Our File No. 3188 -90170 Or CO"SZL WILLIAM W, CAMERON RAYMOND C.L"LIER PAUL M.BEOICH CHARLES R.CARMICHAEL" 5661 CEDAR LANE ROAD MINNEAPOLIS, MINWE50TA 55416 (612)545 _90OO MN TOLL FREE 600'249-4545 PAX(612)545 -1792 - Sol SOUTH FOURTH STREET PRINCETON, MINNESOTA 55291 (612) 209-2214 PAR (612) 269 -6506 Dear Mr. Herbst and Mr. Creighton: As you know, our office represents y Hutchinson. he authorized our most recent City Council meeting, Y Cit Council office to correspond with each of you regarding your willingness to provide enewal services to the City in connection with the cable television franchise. As you know, the franchise is presently held by Midwest Cablevision, which is a subsidiary of some sort of D.D. Cable Partners, LP. Both of your firms come well recommended. with he city firmsas IhaWasomme experience, in one capacity or another, opportunity to feeling that i alsforl the fair Council to o u consider n deciding which submit a prop s firm should assist the City in this process. The City Council will meet on Tuesday, April 13, 1993. Your be received by city staff at Hutchinson written proposal should City Hall, 37 Washington Avenue West, Hutchinson, Mn. 55350 no • later than the close of business on Wednesday, April 7, 1993. This is not a bid process and there will be no formal bid opening. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION CERTIFIED AS A REAL PROPERTY LAM SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION /IJ�/ Mr. Tom Creighton Mr. Adrian Herbst March 26, Page 2 of providing ro osal- for -_the purpose --is -not Since this is a request for a p P expensive proposal Council. services, the least selected the City necessarily the proposal arded as a list of formal necessarily that will be selected y to be relevant to Although it should not be issues are likely specifications, the following April 13, 1993: the Council in its decision wMTV TELEVISION INDUSTRY. 1. N __ resumes please provide a n of cable na renewals. handling handling the negotiatio provide a basis for determining the cost of your COST. Please p are you willing to consider atoPney articular, o As a practicing I Can services. In P other contexts, the cost of services to be rendered? in n to handle who has had to answer guidance- question The City would expect and to provide you some g investigative any surveying that needs to work "doin gathering leg to make a decision. As you provide appropriate ht be necessary active public access material that mig this process. The City know, the City of Hutchinson has a very services to channel that will also participate in expect that either of Your in Providing would be expected to sit through interviews would not the community, part, in collecting ate in articip with residents or to otherwise P of eliciting the on the types of channels to be offered or to p ned for the purpose these areas may be public hearings desig Your advice in expect your the city would opinions of residents. otiations and in sought, however. At a minimum, participation in the actual face -t agreement. neg r L 11 the drafting of the fra of Franchise 3, TIMEL____ ?NESS' The City Cablevision and lcwe expect the elatively soon. Is there Violations to Midwest revent you negotiation process to start r that would p our respect the schedules if it were to begin anything in y in from participating reasonably soon? or ou aware of any conflicts of interest, 4, CONF� I� s Are y that would prohibit your restrict your ability to advise the apparent conflicts of interest, s Gary some way am aware of i involvement or y other "player�� o has provided technical City? The only Engineering who Lysiak of Owl Eng • assistance to the City. r -Mr. Tom Creighton Mr. Adrian Herbst March 26,.1993 Page 3 5. REFERENCES. Would you feel comfortable providing the City with a list of three or so communities to whom you have provided advice and counsel on these kinds of issues in the course of the last two years? This decision will be made based on the written submissions of each party. We will not be taking any public testimony or presentations at the time of the City Council meeting. I have probably left out important points that a community like Hutchinson should consider when selecting a professional to offer advice and counsel on the renewal of a cable television franchise. Please provide such additional information as you feel is appropriate. If you need additional information or have questions, please do not hesitate to contact me. Thank you. Best regards. very truly yours, L, G. Bares Anderson CC Gary Plotz • BERNICK AND LIFSON VIA TELECOPIER AND U.S. MAIL Mr. Gary Plotz City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 -2439 • Re: Hutchinson Cable TV Services Dear Mr. Plotz: •ALSO ADMITTED IN WtSOO. IN -ALSO ADMITTED IN NESRASRA I ALSO CERTIFIED PUSLIC ACCOUNTANT OF COUNSEL ARTHUR J.OLASSNAN. PARALEGAL KATHRYN G. MASTCRMA" JOA" M. SCMULR[R$ JO RROWN > T 1 AIf ,81'__ I have received communications from Mr. G. Barry Anderson regarding the provision of consulting services to the City of Hutchinson in connection with the renewal of the City's cable television franchise. 1 am pleased to submit the following information for your review. Before discussing the specific points raised by Mr. Anderson, let me make some general comments. As you know, there are only two law funs which provide the services required by the City of Hutchinson, Moss & Barnett and myself. We both are highly qualified. In a city's selection, therefore, it must look at the personality and reputation of the individual attorney. I am best known as an attorney who understands cable television as a "business ". With that ability, I have earned the reputation of being able to quickly analyze the needs of an individual city client and translate those needs into a negotiated settlement that can make business sense to the cable company. In a negotiation process, I am able to work with the cable company to change "we cannot possibly do that" to "we can provide that service to the city by implementing the following business plan." I've also earned a strong reputation for understanding community programming /public access, and have negotiated some of the finest deals in the state for cities related to community programming. 9 -�g A PROFESSIONAL ASSOCIATION • ATTORNEYS AT LAW SUITE 1200 THE COLONNADE ROSS A. SUSSMAN 5500 WAYZATA BOULEVARD N EAL J. S HAPI RO SAUL A. BERNICK' MINNEAPOLIS, MINNESOTA 55416 THOMAS O.CREIONTON 16121 .i46 -1200 S SCOTT A. LIFSON DAVID R. NIGHTINGALE FACSIMILE 1612) 546 -1003 PAUL J. OUASTI THERESA M. KOWALSKI JAMES 9. FLEMING• April 5, 1993 VIA TELECOPIER AND U.S. MAIL Mr. Gary Plotz City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 -2439 • Re: Hutchinson Cable TV Services Dear Mr. Plotz: •ALSO ADMITTED IN WtSOO. IN -ALSO ADMITTED IN NESRASRA I ALSO CERTIFIED PUSLIC ACCOUNTANT OF COUNSEL ARTHUR J.OLASSNAN. PARALEGAL KATHRYN G. MASTCRMA" JOA" M. SCMULR[R$ JO RROWN > T 1 AIf ,81'__ I have received communications from Mr. G. Barry Anderson regarding the provision of consulting services to the City of Hutchinson in connection with the renewal of the City's cable television franchise. 1 am pleased to submit the following information for your review. Before discussing the specific points raised by Mr. Anderson, let me make some general comments. As you know, there are only two law funs which provide the services required by the City of Hutchinson, Moss & Barnett and myself. We both are highly qualified. In a city's selection, therefore, it must look at the personality and reputation of the individual attorney. I am best known as an attorney who understands cable television as a "business ". With that ability, I have earned the reputation of being able to quickly analyze the needs of an individual city client and translate those needs into a negotiated settlement that can make business sense to the cable company. In a negotiation process, I am able to work with the cable company to change "we cannot possibly do that" to "we can provide that service to the city by implementing the following business plan." I've also earned a strong reputation for understanding community programming /public access, and have negotiated some of the finest deals in the state for cities related to community programming. 9 -�g Mr. Gary Plotz • April 5, 1993 Page 2 Finally, my experience as a- schoolteacher, -my Ph.A_- work in public school -__ -_ -- finance, and my representation of schoot districts asap attorney; have all contributed to -a deep understanding of the telecommunications potential of school systems and the integration of such needs into franchise administration and renewal. For 15 years I have represented over 100 Minnesota municipalities in the granting, administration, and renewal of cable television franchises. In that experience, my work has ranged from the largest metropolitan cable systems to numerous smaller outstate systems. Particularly with outstate systems, I have earned a reputation for economically and efficiently working with city staff and city attorneys to provide the best possible expertise, recognizing the limited financial resources available to smaller cable systems. I have worked directly with D.D. Cable Partners, LP. in the renewal of the Prior Lake franchise. D.D. Cable Partners recognizes me as a tough but fair advocate of the city's interest. All parties were satisfied with the Prior Lake renewal. is Although I've conducted a number of renewals, another city, other than Prior Lake, which was similar to the issues involved in Hutchinson, and which was quite successful, is the City of Columbia Heights. Please feel free to contact Linda Magee (see references below) of the City of Columbia Heights. Columbia Heights found itself facing a renewal while in federal court with the cable company over franchise violations. The Columbia Heights franchise was successfully renewed and the federal court cases dismissed, both for the benefit of the city. The City of Hutchinson should also know that when I am retained by a city, the city can count on working directly with me. Although I have associates and clerks to help with the more mundane work, I am the person to whom the city would turn with questions, I will be the negotiator with the company, and I will be the contact on all issues affecting your renewal. Other law furs may offer a "package" of individuals, which often results in the city representatives not knowing who they will be contacting next, while also requiring the added expense of keeping two or more people "up to speed" with the issues in Hutchinson. My clients have all expressed their appreciation for their ability to pick up the phone and reach me directly with any questions or concerns. COSTS As Mr. Anderson noted in his letter, costs are difficult to determine in any ongoing attorney /client relationship. Although my non - municipal hourly rate is $185 per hour, I provide service to municipalities for $125 per hour. I am aware that some attorneys charge • Mr. Gary Plotz April 5, 1993 Page 3 less per hour, but I can advise you that their total fees for the same project often far exceed my total fees. I will bill you directly for out -of- pocket expenses such as photocopying, expenses and long distance phone charges. A most significant difference in my charges relates to phone conversations. I believe it is essential that my clients be able to communicate with me and that I be able to communicate with my client without each of us worrying about the "clock ticking" and the fees mounting up. Therefore, I do not charge for time spent on the phone with my client. This allows open and free communication and helpful discussions on numerous issues during the renewal process and, my clients have found, saves them significant amounts of money. I will charge at my regular hourly rate for phone conversations and phone negotiations with the cable company, as would any attorney. So that you can get a general idea of the major services required in the renewal is process and my estimate, from experience, of the average outstate city renewal process, please find below services and estimated hours. Service(s) Performed Hours Phone conversations with client. No charge Review franchise, surveys, needs assessments, and generally acquaint attorney with issues of Hutchinson. 5.00 Three meetings with client (3 hours each). 9.00 Drafting franchise and written communications with client and company. 12.00 Two negotiation sessions with company (4 hours each) 8.00 34.00 X 125.00 $4,250.00 It should also be noted that I spent seven years of my professional career working for a large downtown Minneapolis law firm. I have chosen to move my practice to a smaller suburban location so that I can better meet the needs of municipalities on a limited budget without facing the excessive overhead of a large law firm located in a downtown location. Your city attorney can advise you of the overhead pressures of such a practice. My location permits me to efficiently and effectively meet the needs of cities on limited budgets. Mr. Gary Plotz . April 5, 1993 Page 4 Mr. Anderson asked if _I was willing to cap the costs for services rendered. _ Assuming the services outlined above az [equttedJ would agtee,to cap my total fee at $4,250, -- plus expenses. 'Since I am not aware of the franchise violation issues from the City of Hutchinson, and should the City require me to deal with those violations and negotiate some unique or difficult settlement issues with the company, or should the City require any additional services of me, I will be in constant communication with a representative of the City and not undertake any services in excess of the agreed upon cap, without the prior authorization of a representative of the City. If any such additional services are required, I would discuss with the City the service required, the estimated cost of such service, and would not undertake such additional service without the authorization of the City. Of course, should fewer meetings or drafting hours be required on your project, the total bill would be reduced accordingly. I 1 1 Although with the new changes in cable legislation, everyone involved in telecommunications will be busy, I do not see anything in my schedule which would prevent me • from fully attending to your process if it were to begin reasonably soon. CONFLICTS I have no conflicts of interest, or apparent conflicts of interest which would prohibit my involvement or in any way restrict my ability to advise the City of Hutchinson. REFERENCES Please feel free to contact the following people as references: David Unmacht (formerly City Administrator, City of Prior Lake) City Administrator City of Hastings 100 Sibley Street Hastings, MN 55033 -1224 (612)437 -4127 Linda Magee Assistant City Administrator City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421 -3878 (612)782 -2800 • Mr. Gary Plotz • April 5, 1993 Page 5 Coralie Wilson North Suburban Cable Commission 450 W oodhill Drive Roseville, Minnesota 55113 (612 )482 -1261 Merton Auger City Administrator City of Buffalo 212 Central Avenue Buffalo, Minnesota 55313 (612)682 -1181 Additional references available upon request. Again, I believe I am particularly well suited to meet the needs of the City of Hutchinson. If you need any additional information or have any questions, please feel free to contact me. Thank you for your consideration of my proposal. TDC /rkr cc: B. Barry Anderson, City Attorney • Very truly yours, BERNICK AND LIFSON, P.A. Thomas D. Creighton VIA FEDERAL EXPRESS City Staff Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 RE: HUTCHINSON CABLE TV SEPVICES OUR FILE HO. 25477.2 Dear Sir or Madam: I A [OYY MAYR Y. OYOS Doom 1. man 1AW OJ7JCm mva c ueuY L J a. auYa wb YIQ MT MOSS & BARNETT • M>d14Y 1 umu mr J. ++� A PMOremoYAL ASPOOATiOdI 4800 NORwwr C'omR uu1A 1. rmdJerr PA [ S. � J. IOOIA6 MXSCI YAYi.LRR [. uxAYm YOwYf11 A. IINapX wAYY[A. VA Yp[i mYatD 1. YOYYi 90 SOUTH SWWTH S'Jml: Y- C[CfYA i i `Ya w°im` PAUL T. YOW16S A CCa . a. MWNBAPOIAS, MMM OTA 55402 -4129 mX S. OJIX PAUL YAY YS)IDIMG YYSISL. J. aYYM I.WOM C. IIdlClml JYMMPSI A. MOO[5 YY..An L 0.AMAOAY Y J. WmYIYY T" Mom (6121 347.0300 V WOQfP J- PANNLANDn W. KbR MYY1G 110JY OApYIY WAT A. Mm Pv L WATYIY TuscoJ 1612) 339 -6686 Je %O'wW iUOYAb J. YWOiY JOIOI I. IIGIP OAIJ Y. WAGMM PAUL 0. YDYAYX WYY G. WUA mWAIC L W WS]I mm P. JY0[II)6 a0t4X P. YRLST GNIY. ). OOIDYOIG "u "Y X. ` ° 347 WUJISM A. MAUL MUG Mn MVP I. G= -0448 OLUlaS A PA6t01M. IL. 1 J. WY.T2 mGn MIYI A. IIAT.Y YTCMY]]. M. COIL WtliLL'S pOVLT dAt MIY]Q YCM.SIIO J. J(MpIWM Y1CNA6 J. YAdfY April 6, 1993 VIA FEDERAL EXPRESS City Staff Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 RE: HUTCHINSON CABLE TV SEPVICES OUR FILE HO. 25477.2 Dear Sir or Madam: I A [OYY MAYR Y. OYOS Doom 1. man HtY01 A l mva c ueuY L J a. auYa wb YIQ MT .YM T. _ OY]Y/.X J[AYYP � m[ml m[T LAJI®+ [PfiL.GA [m .. o ®o< JwmaYAtrt AWOYOa uu1A 1. rmdJerr MYa .. MYOMO PA[[AaA IuY O'AYIOtw YAYi.LRR [. uxAYm YOwYf11 A. IINapX YOaY <. YWO6 Y- C[CfYA i TXMIT. Y. XU KU OX6 PAUL T. YOW16S OAM16 A. Y1YDY1 YWAPD mX S. OJIX J. YAINYID C[Al1O0N b.WD Y. HDXIY I.WOM C. IIdlClml JYMMPSI A. MOO[5 VYp[ W. YOBS AMM Y. YPY4 NSDa X. NYIML[SY V WOQfP J- PANNLANDn RAXIEY [. diAYL �cAPR)SS3 Thank you for the opportunity to submit a proposal to the City of Is Hutchinson City Council to consider in deciding which firm should represent the City in its cable television franchise renewal process with Midwest Cablevision. Recently, Moss i Barnett assisted the City of Hutchinson and numerous other Minnesota municipalities in the transfer of ownership from Star Cablevision to Midwest Cablevision. In analyzing Midwest Cablevision as part of the transfer of ownership process, we became quite familiar with their operating philosophy, corporate structure, and overall operations which will prove quite beneficial should we be chosen to assist the City during the franchise renewal proceedings. Moss i Barnett's cable communications clientele can be grouped in two (2) categories. The first category consists of many Twin City metropolitan area cable commissions which we represent on a day - today basis. In representing these commissions, we handle everything from the preparation of monthly meeting agendas to facilitate oversight and administration of the franchise, to performance evaluations, technical reviews, transfers of ownership, or franchise renewal proceedings. The second group of clientele is comprised of municipalities throughout Minnesota and across the country where we handle such matters as municipal ownership, First Amendment issues, Federal Communications Commission filings, transfers of ownership and, most commonly, franchise renewals. Throughout the early 1980'x, a significant portion of my practice concerned representing municipalities as they solicited .proposals from interested cable operators for an initial franchise. The franchises granted in the late '70s and early 180s typically extended for a period of 10 -15 years and, therefore, many are slated for renewal throughout the early 1990's. In MOSS & BARNETT A PAOnmo A.oaATIM City of Hutchinson, Minnesota Page 2 April 6, 1993 the past four (4) years, our office has received amorous requests to provide franchise renewal assistance, mad it appears this trend will continue as cable operators seek long -term security and the ability to provide service within communities well into the 21st century. Despite having the opportunity to work with many cities, we consider each client as important as any other and work to ensure through our approacb that we maintain our services with the highest degree of efficiency and quality. I believe franchise renewal presents an exciting opportunity for the City of Hutchinson to address the future cable communications needs and interests of its residents and subscribers. Tranchise renewal can, however, be quite complicated. The renewal process requires a municipality to consider local, state and federal law when drafting the franchise document and establishing the procedure to accomplish franchise renewal. We have handled in excess of 30 franchise renewals over the past several years and have found the experience gained in proceeding through those renewals to be invaluable. As a result of our experience, we have developed and finstuned exceptional franchise language which provides municipalities with significant protection from many common abuses engaged in by cable operators. These franchise provisions also retain flexibility so that a municipality may react to changes in technology and trends within the industry to ensure that the needs an interests of the municipality's residents and subscribers are continually not Moss i Barnett is unique in this region of the country due to our ability to provide a 'team' approach in addressing a municipality's cable communications needs and interests. I believe my background of working with cities for over 20 years in the cable television area, in addition to my background of having been a fulltime City attorney and as elected City Council member, provide unmatched experience in providing consulting assistance to municipalities. Working closely with me on franchise renewal projects is my associate, Brian Grogan, who is also gaining national recognition in the franchise renewal area. Recently, Brian drafted a franchise renewal reference guide to assist Minnesota municipalities in handling franchise renewals. I understand the City of Hutchinson bas boon utilising portions of this reference guide in the preliminary phases of the renewal process. Mr. Grogan is also a frequent speaker with me at many state and national conventions on franchise renewal topics. In addition to Mr. Grogan. Ms. Cecilia Ray, an associate attorney, also provides franchise renewal support on many projects. You may be familiar with Ms. Ray's work as she played a significant role is reviewing Midwest Cablevision's legal, technical, and financial qualifications in the recent transfer of ownership. Rounding out our cable communications department is our legal assistant, Mary lay Ayers, who provides support in document preparation and allows us to provide the most efficient, coat - effective service possible to our clients. The cable television industry is rapidly changing and many leaders withile the industry anticipate a gradual merger with competing industries, such as telephone companies, cellular telephone companies, and even wireless cable television operators. ?foss 5 Harnett has unmatched experience in all of those areas and has five (5) attorneys working fulltims on telepbone and other MOSS & BARNETT A PMOA ONn A�no • City of Hutchinson, Minnesota Page 3 April i, 1993 regulation matters at the State Public Utilities Commission. This wealth of communications expertise is available to the City as it considers provisions in the franchise which may ultimately have an impact on the entire communications infrastructure of the City. For example, Midwest Cablevision, without question, will seek a franchise which allows it to provide services beyond the traditional cable television entertainment services typically associated with the operator. These services will likely include the ability to provide local exchange telephone service, personal communications service, cellular services, and any other potential revenue - generating applications. We believe it is important for the franchise documentation to anticipate these changes within the industry and to ensure that the necessary provisions are contained within the franchise to protect the City and provide the flexibility necessary to adapt to such changes. Within this proposal, I have provided resumes of those individuals who will, if chosen, assist the City in the franchise renewal process, as well as a brief description of the franchise renewal process, qualifications of our firm, a list of references, and an estimate of the costs associated with the process. • Given that Moss i Barnett utilises a team approach, we anticipate no difficulty whatsoever in moving ahead in the franchise renewal process in an expeditious manner. Further, we are aware of no conflicts which would prevent Moss i Barnett in any way from assisting the City throughout the process and in negotiations with Midwest Cablevision. I look forward with great anticipation to the City's decision regarding this matter and an hopeful that Moss t Barnett can begin to provide assistance to the City in the very near future. Should you have any questions regarding this proposal or should you require additional information on which to base your decision, please do not hesitate to contact either myself or Brian T. Grogan. Very truly yours, MOSS i A Paional Association Adr rbst BTG /kjd Enclosures cc: Brian T. Grogan, Esq. 0 0 — rd���yyyJJJ "1'• 1 :1 ' :111 • 11 • FOR CABLE TELEVISION CONSULTING SERVICES APRIL 69 1993 ® Copyright Moss & Barnett 1993 M MOSS & BARFE= A Professional Association Attn: Adrian E. Herbst, Esq. 4800 Norwest Center 90 South Seventh Street Minneapolis, M6 55402 -4119 (612) 347 -0300 9-� MOSS & BARNETT A Pao,tt mo Asocun The renewal of a cable television franchise ('Franchise") is generally governed by Section 626 of the 1984 Cable Act, as amended. However, many cities have provisions in existing franchises that specifically relate to the steps or requirements that must be undertaken in the review of the Franchise and its renewal. Further, in Minnesota, there are specific requirements under state law that must be included when renewing a Franchise. Under the 1984 Cable Act, as amended, the obligation of the City is to examine two things: The past performance of the Midwest Cablevision; and 2. The future cable - related needs and interests of the City. After examining these matters, the City must make a finding at the time of renewal that includes: • whether or not the Midwest Cablevision has satisfactorily complied with the terms and conditions of its existing franchise; • Whether or not the service that has been provided by the Midwest Cablevision, including services to residents within the community, has been satisfactory; • Whether or not the renewal proposal of the Midwest Cablevision will meet the future needs of the City; and • Whether or not the Midwest Cablevision has the legal, technical and financial qualifications to accomplish its proposal. To develop a record and to fully meet the requirements under the above Cable Act provisions, we recommend that the City establish a process that will provide the gathering of information in an orderly fashion, provide education to the members of the City, present an opportunity to residents to be heard, key community leaders and others to address concerns, issues and future needs, and lastly, to enable the City, together with the Midwest Cablevision, to develop the best possible Franchise Agreement. J MOSS & BARNETT A PaortssoKu Assocumm The steps in the process we recommend include the following: INITIAL AND ORGANIZATIONAL PHASE Under this phase, the City will consider: a. how to get started; b. who will be involved in the process and the role of each person; C. develop a process and timetable; d. determine location and place of records concerning the Midwest Cablevision's past performance; e. develop a contacted; f. establish Cablevisio • q. determine follow for listing of key community leaders to be an initial meeting with the Midwest n; what reimbursement policy the City will the costs incurred; and h. determine the time, place and frequency of meetings and who should be in attendance. This would also include a determination as to whether or not a Cable Committee will be formed and who will serve on it. The above factors will give us an opportunity to develop an agenda for you initially that will get things started and help to facilitate the development of a meaningful process for the City. INFORMATION GATHERING PHASE During this phase, a number of things will be accomplished to gather information about the past performance and the future needs, which may include: a. surveys to residents who are subscribers and non - subscribers; b. survey of key community leaders; C. a public information forum for informational gathering; d. education of the Cable Committee; e. a Request For Information to the Midwest Cablevision; MOSS & BARNETT A No, om AssoaA f. an engineering analysis (this would be optional); g. other means of gathering information that may be suggested by the Cable Committee. Additionally, the records that the City has concerning the past performance or might have established about future needs, will be made available to the Committee for review. The items above describing the information gathering are tentative. There may be other ideas suggested by the Committee or utilized by the City in the past as a means of gathering information about particular matters that could be incorporated into this process. FOCUS OF INFORMATION AND DEVELOPMENT OF REQUEST FOR PROPOSAL AND MODEL FRANCHISE ORDINANCE After all information has been gathered and City representatives ('Committee') have been educated about cable television from the standpoint of legal requirements, new technology, trends and other matters that are of significant concern within the City, the Committee will be in a position to embark upon the third phase of the renewal process. That is, the development of the Request For Proposal and a Model Franchise Ordinance. The documents will be developed to solicit a response from the Midwest Cablevision. They will incorporate needed changes to accommodate whatever problems or difficulties have been experienced by the City in the past. Additionally, they will incorporate requirements to deal with the changing legal, technical and competitive environment of cable television and will address the future needs of the City. All of these factors will be based on the decisions the Committee makes and our recommendations. For this reason, the Midwest Cablevision will be requested to respond to what the City has determined has been the performance, as well as the City's decision on needs that resulted from its information gathering process. After receipt of a response from the Midwest Cablevision, the City will develop a renewal report. We will assist the Committee by developing a report outlining all essential elements of the proposal being made by the Midwest Cablevision, areas of concern, issues to be negotiated and other matters that will assist the Committee in developing a recommendation to the 'City Council. Then, based upon this, we anticipate that negotiation will be required with the Midwest Cablevision in order to finalize a recommendation to the City Council with respect to renewal and the specific franchise to be adopted by the City and granted to the Midwest Cablevision. i I, J MOSS & BARNETT A Paorcmor+u. Assoc mH • Once the Cable Committee has developed a recommended proposal through negotiation with the Midwest Cablevision, it will then be in a position to make a recommendation to the City Council relating to the findings required under the Federal Cable Act for renewal, the specific proposal to be approved and the documents to be adopted and approved by the City Council. At this time, a public hearing will be scheduled. The City Council will then have four (4) months within which to act on the recommended proposal and documents and to grant or deny the renewal of a franchise. I believe that the above steps will ensure that the City achieves its goals through the renewal process. The decision that will be made by the City Council will be based on a well developed and informed recommendation made by the Committee. MOSS & BARNETT A PAOnt9ox Amocu We have developed a team approach to cable matters which benefits our clients by providing them with a broad range of expertise and by allowing us to work efficiently at a blended rate of $115.00 per hour. The members of our firm, in addition to me, primarily involved in cable matters are Brian T. Grogan, M. Cecilia Ray, and Mary Kay Ayers. Additionally, several other members of our firm provide specialized assistance. For example, we are often confronted with the need for financial assistance in the review of financial information from the Midwest Cablevision. If Garrett Lysiak is used, his hourly rate is $90.00 per hour. You have asked us to advise you of what the cost may be for various tasks. This is difficult to describe without knowing your specific needs. Our office is willing to consider a cap on the cost of services to be rendered. However, we have listed below a Schedule of Fees based upon various levels of service the City may choose. Low Level - Available to answer questions, provide guidance and explain the new rules and regulations and provide advice on the development of documents and a Franchise Ordinance. The City would handle the negotiations. $7,500.00 2. Mid Level - Provide services listed in #1 and add assisting in meetings of the City via phone and preparation of documents and assistance in negotiations. $15,000 3. High Level - Provide complete services described in #1 and #2, plus take lead role in negotiations. Utilize Garrett Lysiak for system on -site audit and technical report. Prepare documents and Franchise Ordinance, evaluate proposal from Xidwest Cablevision and prepare a report and meet with City at a meeting involving hearing on proposal from Midwest Cablevision. $23,500 • We also want you to know that we recommend that you request reimbursement from the Midwest Cablevision. Generally, we have found that some cable operators will reimburse a city for its reasonable costs in connection with renewal of a cable • franchise. MOSS & BARNETT A Poo� Asocu We will work on whatever arrangements you feel would best serve the City. I believe that after an initial meeting with the City, both of us will have a better understanding of each other's needs and we will then be in a better position to develop an estimate of our charges. In addition to the services we provide on a hourly rate basis, our clients benefit significantly from work we do for which we do not charge. For example, the extensive work we do for other municipalities and non - profit access corporations allows us to avoid 'start up time" and to draw on our experience from many prior projects. Also, we have developed over the years an excellent rapport with technical consultants, other Cable Commissions, City Attorneys, organizations such as the National League of Cities and various state leagues, and with many local cable television operators. We also regularly provide our cable clients with updates on significant legal developments. In sum, we firmly believe that we can provide complete legal services to the City for a total cost which compares favorable with any other firm. • • MOSS & BARNETT A Pno,nvo A� Moss & Barnett is a full service, 70- attorney law firm dedicated to providing its clients with quality legal services in a manner consistent with high ethical standards. The practice is founded on the premise that each client deserves personalized attention to detail and the benefit of the depth and breath of expertise that only a full service law firm can provide. In nearly 100 years, the clients of this firm have come to expect high standards of integrity, along with skilled, innovative, and cost - effective legal services. As a result, Moss & Barnett has grown with its clients, building a rich resource of multi - specialty legal practitioners. Moss & Barnett has aggressively attracted to its practice attorneys with a broad spectrum of recognized expertise, providing the firm's clients with access to highly effective legal advice and representation. Over many decades, with predecessor firms enriching its reputation, experience, and growth, Moss & Barnett has established a strong commitment to each of its clients -- large and small. Moss & Barnett's unique capability to provide well - managed legal services is based upon innovative and cost - effective management. Moss & Barnett can move quickly and effectively on behalf of its clients, assigning staff and managing time and personnel with a high degree of efficiency. Many of the firm's administrative functions are computerized, freeing attorneys to devote more time to the practice of law. The result is a sophisticated and cost - efficient approach to each client's needs. The firm operates out of offices in the Norwest Center in Minneapolis. All of the firm's significant clerical services are provided by its highly - motivated and professional staff. Special clerical projects are provided on a contract basis when that approach is more efficient. The needs and concerns of the Moss & Barnett client are central to management decisions, making each client's experience with Moss & Barnett a positive one. MOSS & BARNETTS CABLE COMMUNICATIONS PRACTICE Several years ago, Moss & Barnett expanded its cable communications practice with the joining of the law firm of Herbst & Thue, Ltd. Adrian E. Herbst, principal shareholder at Herbst & Thue and now shareholder at Moss & Barnett, developed* a municipal client base with his previous firm and has represented several hundred public entities throughout the nation on cable communications matters. 0 MOSS & BARNETT A Pao,ss mo Aso mm Adrian Herbst's background is quite unique. He served as a full -time City Attorney, an elected official for sixteen years, and has worked exclusively for cities on cable communications matters for approximately twenty five years. As a result of Mr. Herbst's experience, he is particularly sensitive and knowledgeable regarding the needs and interests of city governments. Mr. Herbst, and those who work with him regularly, work only with cities and are therefore able to provide assistance in a very cost effective manner. They do not have to 'reinvent the wheel' with each representation. They are able to draw from their vast background of experience and knowledge to provide prompt responses to questions and issues and are familiar with cable companies and the manner in which cable companies operate. As part of the cable communications practice of Moss & Barnett, a client update is regularly prepared and made available to all clients. At least four times a year this update will provide current information about events in Congress, the Federal Communications Commission and recent court decisions that may impact the City's role in regulating cable communications. These updates are provided without charge to clients as an additional service. Moss & Barnett is dedicated to keeping current on cable issues, and regularly participates in seminars and programs of many organizations including The National League of Cities, The National Association of Cable Television officers and Advisors, The National Federation of Local Programmers and various other organizations. Further, Moss fi Barnett has participated in rule making proceedings of the Federal Communications Commission, legislative drafting of reports regarding Congressional bills and other events to ensure that municipal interests are always looked after. Moss & Barnett also works regularly with other professionals. Engineering firms are utilized to assist in developing specific technical reports and studies for cities. Particularly, with regard to the renewal of cable television franchises, it is the belief of Moss & Barnett that it is essential for a municipality to have a good understanding of the current status and capability of an existing cable television system, and its potential for lasting into a new franchise term. The engineering study also assists Moss & Barnett in developing recommendations that are key to negotiating a new franchise with an existing cable operator. -2- MOSS & BARNETT A Pao oNn Assocunm Since joining Moss & Barnett, Mr. Herbst has been able to expand the services available to each client by adding resources and expertise that only a full - service law firm can provide. Clients have the advantage of a large, multi- specialty law firm, whose business, litigation, and tax attorneys understand the broader implications of cable communications law. As an example, in the cable communications practice, the firm now utilizes attorneys who also are CPAs. Included with this proposal is a brief listing of each of the attorneys in the firm who participate in the cable communications practice. A more detailed background of the experience of Adrian Herbst and Brian Grogan has also been included for your reference. Mr. Grogan will be assisting on this project if Moss & Barnett is selected by the City. In working on cable television matters, Moss & Barnett utilizes a team approach. By doing so, Moss & Barnett is able to ensure that the needs of the client are met in an efficient manner. Further, Moss & Barnett is able to balance out hourly rates so that rates for differing aspects of the work is consistent with the degree of expertise required. Moss & Barnett's services to clients have included the following: 0 • Initial franchising; • Refranchising /renewals; • Franchise administration and enforcement; • Transfer of ownership; • Municipal ownership; • Performance audit; • Financial audits; • Rate regulation; • Litigation; • Negotiation; • Ordinance drafting; • Non - profit access corporations; • Programming Agreements; and . • Franchise renewals -3- MOSS & BARNETT A PRoft oNn Awom Moss & Barnett has developed a detailed and effective renewal process which allows municipalities to negotiate favorable provisions within a cable ordinance to protect their rights over the entire franchise term. Moss & Barnett is keenly aware of the rapidly changing environment in cable communications law. With this in mind, the firm emphasizes flexibility when drafting agreements between cities and cable operators so as to protect the City's rights should changes occur in state or federal law. I. ' 1 1 1' / 1 i 111 �3lA 1 ►f,Y��iLT.Y1�il�I� Moss & Barnett has three attorneys actively practicing in the area of cable television law. The firm also employs consultants who work in the industry and with many large municipal cable commissions. In the event that consultants are needed, we regularly subcontract with engineers, technical consultants, access and I/Net consultants and professional survey companies, who are extremely qualified and well respected in cable television industry. We would also be willing to work with other firms, should the City have a preference for other firms. We have attached with our proposal resumes of our personnel and subcontractor. Adrian H. Herbst,' a shareholder with the firm, has over 25 years of experience in municipal and governmental work. He has considerable experience representing municipalities in the development and administration of cable television systems. Recently, Adrian has been extensively involved in representing municipalities throughout the country on franchise renewals, municipal ownership alternatives, and franchise compliance audits. Adrian was a city councilman for the City of Bloomington, Minnesota and its City Attorney. He has served as a past President of the Minnesota Trial Lawyers Association and a vice President of the League of Minnesota Cities. In addition, he is currently a member of NIMLO, NATOA, the Federal Communications Bar Association, and the Telecommunications Committee of the Minnesota State Bar Association. Brian T. Grogan,** an associate, practices primarily in the areas of Telecommunications and Cable Television law. Brian has assisted in representing municipalities across the • country in franchise renewals, municipal ownership, transfers of ownership, Federal Communications Commission filings, First Amendment issues, and other cable - related concerns. -4- MOSS & BARNETT A NonssmU AawcuxmN Brian is a member of the American Bar Association (Forum• Committee on Communications Law), the Minnesota State Bar Association (Communications Law Committee), the Hennepin County Bar Association, the Minnesota Association of Cable Television Administrators, the National Association of Telecommunications Officers and Advisors, and the National Federation of Local Cable Programmers. M. Cecilia Ray, an associate, practices in the areas of commercial and residential real estate. In this capacity, Cecilia has represented a variety of clients, including municipalities undertaking public improvement or redevelopment projects. Cecilia has recently applied this experience to assist municipalities in the ownership of cable television systems. Legal Assistant: Mary Ray Ayers,** a legal assistant, regularly works on many cable projects. Her assistance provides valuable time saving for the cable television department and contributes significantly to efficiency of projects. Financial Administrator: Steven D. Woodley, a CPA, has considerable experience A evaluating financial models and works with various franchise and finance issues regarding cable television. * Project Manager, resume included •• will be assigned to work closely on project -- resumes included Additional attorneys available Phillip Gainsley - a shareholder with over 24 years of litigation experience including first amendment and communications matters. Dave F. Senger - a shareholder and CPA ready to assist in financial evaluations and compliance audits. Mitchell H. Cox - a shareholder with eight years experience in telecommunications and cable television law. • -5- L 0 MOSS & BARNETT A "Z?U AL ASS=N" M • r r / ,r iD 1972 - Present MOSS S HARM=. P.A. - Shareholder (formerly with Herbst i Thus, Ltd.) Representation of numerous municipalities in the development and administration of cable television systems. Ezperienced in all aspects of cable communications law, including transfers of ownership, franchise renewals, rate regulation, municipal ownership, and development of joint pavers cable commissions. Practice also consists of economic and development work, experience in municipal and governmental law, legislation, litigation, and real estate transactions. 1965 - 1972 CITY ATTORNEY !OR BLOOMINGTON. MINNESOTA - Experience in litigation, legislation, ordinance and resolution drafting, government grants, condemnation and real estate, advisory opinions, worked with city council and commissions and supervision of legal staff. 1961 - 1965 CONTROL DATA CORPORATION - Contract administrator, negotiated and drafted contracts for the sale and lease of computer equipment. EDUCATION Law School WILLIAM MITCBBLL COLLEGE OF LAW, J D - 1965 Undergraduate IINIVERSITY or MINNESOTA. B.S.B. - 1962 Special Education Have regularly attended and taught at Continuing Legal Education seminars on cable television Saw, litigation, and municipal law for the past nineteen years. GOVERNMENTAL AND PUBLIC SERVICE 0 Bloomington City Council 2975 - 1991 MOSS & BARNETT A Pao,acvo AssomA x Bloomington Chamber of Commerce, • Board of Directors 1985 - Present General Counsel Port Authority of the City of Bloomington 1982 - 1986 State of Minnesota Interagency Task Force on Telecommunications 1986 - 1986 Minnesota Telecommunications Council 1984 - 1985 Regional Channel 6 Advisory Committee of the Minnesota Cable Communications Board 1984 - 1985 Minnesota World Trade Center Commission, Subcommittee on Telecommunications 1984 - 1985 Director and Vice President, League of Minnesota Cities 1983 -1985 Chairman, Metropolitan Council Task Force on Cable Television Interconnection 1982 - 1984 President, Minnesota Trial Lawyers Association 1980 - 1981 Attorney, Bloomington, BRA 1972 - 1975 League of Minnesota Cities Cable Television Committee 1970 - 1972 Metropolitan Council Cable Commission 1970 - 1973 Chairman of Interconnection Subcommittee, Metropolitan Council CAW Committee 1970 - 1973 Chairman of Technical Committee, League of Minnesota Cities CATV Committee 1970 - 1972 PROFESSIONAL ORGANIZATIONS Federal Communications Bar Association 1981 - Present American Bar Association Member of Forum Committee on Communication Law 1981 - Present National Institute of Municipal Law Officers (NIMLO) 1967 - Present Minnesota State Bar Association 1965 - Present • -2- 9 • i MOSS & BARNETT A Pson o "u. Assownm Hennepin County Bar Association Member of Governmental Law Committee Association of Trial Lawyers of America National Association of Telecommunications Officers and Advisors Minnesota Trial Lawyers Association Past President CABLE- RELATED PROFESSIONAL ACrPvl=S PUBLICATIONS 1965 - Present 1983 - Present 1981 - Present 1975 - Present Modern Legal Problems - -Soon to be published, The 1992 Cable Act. Workbook on the 1992 Cable Act for the Pennsylvania League of Citis and Municipalities -- January, 1993 The Louisiana Municipal Review - -Cable Television Consumer Protection and Competition Act of 1992 - -A Background, November, 1992 Vol. 57, No. 11. Missouri n - -Cable Television Consumer Protection and Competition Act of 1992, October /November, 1992. Cable Television -- Municipal Attorney; A Publication of the National Institute of Municipal Law Officers July /August, 1991, Vol. 32 No. 4. Co- Author, "City Ownership of Cable Systems: One Answer to Increasing Rates and Decreasing Service ", Minnesota Cities, June, 1989. Co- Author, "A Review of Federal, State and Local Regulation of Cable Television in the United States." 30 William Mitchell Law Review. 377 (1984). "Joint Franchising of Cable Communications Systems ", Minnesota Cities, February, 1982 "Do Multiple Dwellings Present Multiple Problems?" CTIC Cable Report, May. 1982. "Joint Franchising: Small Cities Get Big Results ", NATOA News, National League of Cities, Jan. /Feb., 1982 CONFERENCES SEMINARS AND CONVENTION PARTICIPATION I have prepared written materials and have conducted seminars on the following topics at the conferences listed below (information on pre -1990 conferences available upon requests -3- MOSS & BARNETT A Pno?®a Aaoa, The "Cable Television Consumer Protection and Competition Act 1992"--Update For City Attorneys, February 5 -6, 1993 - The Cities Role in Implementing the 1992 Cable Act- -1993 MALTA 10th Annual Conference, Plymouth, Minnesota, January 29 -30, 1993 - A Guide To The "Cable Television Consumer Protection and Competition Act of 1992" For Municipal Officials -- Pennsylvania League of Cities Workshops, Pittsburg /Harrisburg, Pennsylvania, January 14 -15, 1993 - Franchise Renewal -- Indiana Association of Cities 6 Towns Annual Conference, Fort Wayne, Indiana, September 27- October 1, 1992 - Municipalization of Cable Francbises- -1992 NIMLO 57Th Annual Conference, Edmonton, Alberta, Canada, September 13 -16, 1992 - Competitive Alternatives- -1992 NATOA 12th Annual Conference, Irving, Texas, September 9 -12, 1992 - Franchise Renewal- -NFLCP 1992 National Convention and Trade Show, St. Paul, Minnesota; July 15, 1992 - Restrictions on Public Access Channels- -NFLCP 1992 National Convention and Trade Show, St. Paul, Minnesota; July 18, 1992 - Transfers of Cable TV Systems- -1992 Regional Communications Forum, Radisson Metrodome, Minneapolis, Minnesota, April 23 -24, 1992 • - Reregulation of Cable Industries- -1992 Regional Communications Forum, Radisson Metrodome, Minneapolis, Minnesota, April 23 -24, 1992 - Administration and Enforcement of Your Cable Franchise -- January 31 - February 1, 1992, Minnesota - Cable Television -- December 12, 1991, National League of Cities, Las Vegas, Nevada - An Sedate on Cable Television Personal Communications Networks (PCN's) and New Technologies- -NIMLO 1991 Annual Conference, San Diego, California; October 26 -30, 1991 - Legislative Update and New Trends in Telecommunications -- October 26 -30, 1991, NIMLO Annual Conference, San Diego, California. - Competitive Alternatives -- The Municipal Ownership Alternative -- September 20 -22, 1991, NATOA's 11th Annual Conference, Anaheim, California. - Monitoring and Enforcing Your Cable Franchise -- July 24 -28, 1991, National Federal of Local Cable Programmers, National Convention, Portland, Oregon. • -4- MOSS & BARNETT A Peons Ko Avoa m - Revelation of Subscriber Services -- May 17, 1991, National Association of Telecommunications Officers and Advisors, Regional Conference, Chicago, Illinois. - Handling Canoe Administration Problems and Renewal Issues -- January 25, 1991, Minnesota Association of Cable Television Advisors 1991 Annual Conference, Plymouth, Minnesota. - What the Rev Cable Act Means to Cities-- HIMLO's 55th Annual Conference, Boston, Massachusetts; September 23 -26, 1990 - Handtina Cable Administration Problems and Renewal Issues - -90th Annual Indiana Association of Cities and Towns Conference and Exhibition, South Bend Century Center; September 16 -20, 1990 - Cable TV- -What is Congress Doing About It7- -90th Annual Indiana Association of Cities and Towns Conference and Exhibition, South Bend Century Center; September 16 -20, 1990 - Municioal Ownership Alternatives -- Protecting the Franchise and the Public Interest-- NATOA's 10th Annual Conference; September 9 -12, 1990 Summary of National Cable TV Association Convention-- Atlanta, Georgia; May 20 -23, 1990 • - Cable Television Legislation- -NIMLO 1990 Mid -year Seminar; March 20, 1990 Cable Communications Renewals and Transfers of Ownership -- February 16, 1990 - Administration of Your Franchise in a Changing RMIatory - Climate -- MACTA's 7th Annual Conference; January 26 -27, 1990 212Z04 0 -5- MOSS & BARNETT A Hro•smo Aswan BRIAN T. GROGAN , war • , ♦ r n • I -I EXPERIENCE 9 1988 - Present MOSS & BARNETT, P.A., Minneapolis, Minnesota Emphasis in cable communications and telecommunications law. Representation of numerous municipalities across the country in franchise renewals, municipal ownership of cable systems, transfers of ownership, franchise administration and enforcement, Federal Communications Commission filings, and First Amendment issues. 1987 -1988 HERBST & THUE. LTD., Bloomington, Minnesota Emphasis in cable communications law; assisted municipalities in franchise negotiations,, analyzed cable system transfers; and developed reports regarding franchise renewal proposals. EDUCATION Law School WILLIAM MITCHELL COLLEGE OF LAW - St. Paul, MN Juris Doctor - 1990 Law Review 1988 -89 Law Review Associate Editor 1989 -90 Undergraduate CREIGHTON UNIVERSITY - Omaha, NE Bachelor of Science - Mathematics, 1987 PROFESSIONAL ORGANIZATIONS Minnesota Association of Cable Television Administrators (Board of Directors) National Association of Telecommunications Officers and Advisors The Alliance for Community Media (formerly National Federation of Local Cable Programmers) • American Bar Association (Forum Committee on Communications Law) Minnesota State Bar Association (Communications Law Committee) Hennepin County Bar Association MOSS & BARNETT A PM, oxA AssoCU� 0 PRESENTATIONS Is Franchise Renewal Automatic? -- Minnesota Association of Cable Television Administrators 10th Annual Conference, Plymouth, Minnesota; January 29, 1993 Cable Television Legislative Update -- Illinois Municipal League 79th Annual Conference, Chicago, Illinois; October 9, 1992 Cable Television Renewals and Alternatives -- Illinois Municipal League 79th Annual Conference, Chicago, Illinois; October 9, 1992 The Rules of Franchise Renewal -- Minnesota Association of Cable Television Administrators Fall Conference, Chaska, Minnesota; October 9, 1992 National Association of Telecommunications Officers and Advisors 12th Annual Conference, Irving, Texas; September 11, 1992 Monitoring and Enforcing the Franchise Agreement -- National Federation of Local Cable Programmers 1992 National Convention and Trade Show, St. Paul, Minnesota; July 18, 1992 • Creating and Sharing Policy and User Rules -- National Federation of Local Cable Programmers 1992 National Convention and Trade Show, St. Paul, Minnesota; July 17, 1992 Cable Television Update -- League of Minnesota Cities Annual Conference, Bloomington, Minnesota; June 10, 1992 Cable Television Update -- Minnesota Association of Cable Television Administrators May Day Tour, Elbow Lake, Minnesota; May 1, 1992 Franchise Renewal - -1992 Regional Communications Forum, Radisson Metrodome, Minneapolis, Minnesota; April 23 -24, 1992 Cable Television Update -- National Broadcasting Association Regional Meeting, Pavek Wireless Museum, St. Louis Park, Minnesota; February 15, 1992 Has the Cable Act Changed ? -- Minnesota Association of Cable Television Administrators 9th Annual Conference, Plymouth, Minnesota; February 1, 1992 Getting to Yes: Negotiating Effectively -- National Association of Telecommunications Officers and Advisors 11th Annual Conference, Anaheim, California; September 20 -22, 1991 Overbuild: How to Do It - -1991 National Association of Telecommunications Officers and Advisors Regional Conference, Chicago, Illinois; May 16 -18, 1991 -2- MOSS & BARNETT A Peorssnouu, Aswcu Impact of the Cable Act of 1984-- MCMA/MACA (Minnesota Cit! Managers) Spring Conference; May 90 1991 egunicipai uwnersnip or came Television Systems--Minnesota Association of Cable Television Administrators -- Annual Conference; January 26, 1991 Cable Television Update -- National Broadcasting Association Regional Meeting; February 15, 1992 PUBLICATIONS The Louisiana Municipal Review - -Cable Television Consumer Protection and Competition Act of 1992 - -A Background, November, 1992 Vol. 57, No. 11 Missouri Municipal Review - -Cable Television Consumer Protection and Competition Act of 1992, October /November, 1992 Cable Television -- Municipal Attorney; A Publication of the National Institute of Municipal Law Officers July /August Vol. 32 No. 4 Franchise Renewal Handbook -- League of Minnesota Cities,• Minnesota Association of Cable Television Administrators; October 9, 1992 88Z140 -3- Ll • MOSS & BARNETT A PNOMe NU Assocu PROPOSED ENGINEERING CONSULTANT May Be Used Based On City Decision OWL ENGINEERING, INC. 1306 WEST COUNTY ROAD F ST. PAUL, MINNESOTA 55112 (612) 631 -1338 Owl Engineering, Inc. is a Minnesota Corporation located at 1306 West County Road F in Arden Hills, Minnesota. The firm specializes in communications system design, evaluations, specifications and measurements at all radio frequency bands. Specific areas of expertise at Owl Engineering, Inc. include: Two -Way Radio System Design Communication Systems Interference Studies and Evaluation Transmitter Site Evaluation Broadcast Studio Design RFI/EMI Studies Transmitter System Design Grounding /Shielding Techniques Directional AM Antennas Telephone System Interfacing Multi- Station FM Antennas Microprocessor /Logic Design Audio/Video System Design Custom Software Development CATV/MATV System Operations CLI Measurements FCC Application Preparation System Intermodulation Analysis Coverage Predications Emergency Medical Services Communications System Design Owl Engineering, Inc. is unique among Registered Professional Consulting Engineering firms in that Owl Engineering has the capability of generating 'in- house• radio site coverage maps. Preparation of the theoretical site coverage maps for all radio frequencies (including the 800 MHz band) is accomplished using existing state -of- the -art equipment in Owl Engineering's Arden Hills office and a U.S. Geological Survey digital computer data base. This capability allows rapid coverage predictions to be made without a large capital expenditure being required. The firm also has a complet e and does not have to rely • complete any of its projects. laboratory that can be used t determine compliance with the specifications. set of measurement capabilities on 'Vendor Loaned Equipment' to There is also a fully equipped o evaluate communications gear to published Another unique qualification of Owl Engineering is their ability to make absolute measurements in the field of all radio frequencies and for two -way communications systems and cable system frequencies. Thus, theoretical and actual radio MOSS & BARNETT A fltorss mo Aaocu communications system coverage system can be determined before the costly changes in base mobile /portable radio equipment of a 'study' phase and prior subsequent high costs. • of the proposed communications the fact. Thus, the effect of equipment, site selection and will be known at the conclusion to any implementation and the Owl Engineering has a fully equipped multi- engine aircraft that can be utilized in locating interference and RF leakage from non - communications systems such as cable television systems. This allows larger systems to evaluate the leakage generated by their systems. GARRETT G. LYSIAK OWL ENGINEERING, INC. Garrett Lysiak is a Consulting Electronic Engineer with over 20 years of experience in the area of Telecommunications. Mr. Lysiak received his formal communications education at New York University in New York City, New York. He received a B.E. in Electrical Engineering and also attended graduate school. Mr. Lysiak is a member of the Association of Federal Communications Engineers (AFCCE), a member of Association of Public Safet Communications Officers (APCO), a member of the Society ols Cable Television Engineers (SCTE). His strong background in Engineering combined with his computer hardware and software experience, provide a foundation for getting practical results to problems rapidly and in a cost effective manner. He is recognized for his rapid adaptability to a wide range of engineering problems. Much of his experience has been in telecommunications which he received while in the employ of the Federal Communications Commission (FCC) as a Regional 'Engineer -in- Charge'. During his employment with the FCC, he was exposed to many varying engineering problems and he had to interface with the general public, as well as industry, and other Federal, State, and local governmental officials. Mr. Lysiak is a Registered Professional Engineer (Minnesota 115305). Mr. Lysiak has also given many lectures and seminars in the area of FCC compliance and measurement procedures and is a recognized expert in this area. He has also authored many scientific and communications programs for use in the communications consulting field. He has also designed a complete automatic measurement system that is utilized in an aircraft or land vehicle to conduct both air and ground based 'Cumulative Leak Index' (CLI) measurements. Mr. Lysiak is also a multi- engine /instrument rated privat pilot as well as the holder of a lifetime First ClasdV Commercial Radio Telephone License with a Radar endorsement. -2- 9 MOSS & BARNETT A PROnWONU Ass nm MICHAEL RADOVICH OWL ENGINEERING, INC. is a graduate Electrical Engineer from Saint Cloud State University. During the past four years he has been employed full -time with Owl Engineering. He has prepared many applications for communications systems and submitted them to the Federal Communications Commission. He has also been exposed to the solution of many interference cases involving public safety systems and cable television systems. He routinely calculates predicted radio signal coverage and attenuation due to interfering terrain. He also has experience in the field measuring absolute radio signal strength. He has additional experience in proof of performance measurements on state of the art radio communications equipment. Mr. Radovich has successfully passed the Engineer -in- Training (E.I.T.) exam in preparation for his Professional Engineers examination. STEVEN M.SKEPPER OWL ENGINEERING, INC. • is an experienced Cable Television Engineer who has over fifteen years of experience in the cable industry. He has held the position of Director of Engineering for both Ring video and Hauser Communications better known as Cable TV North -West. In this position Mr. Skepper was responsible for all engineering and technical concerns for a cable system that had over 1,100 miles of cable plant. Mr. Skepper is an active member of the Society of Cable Television Engineers and has kept abreast with the ever changing technical aspects of the cable television industry. Mr. Skepper has worked with numerous consulting firms for similar technical audits which were the result of system transfers which required audits as a condition placed upon the system by the various franchising authorities. • 668Z090 -3- MOSS & BARNETT A PsO,fd90 Assoc MOSS & BARNETT REFERENCES 0 We would like to briefly highlight some of the significant projects we have worked on over the past several years. We recently assisted the City of Austin, Texas, with a ten -year performance evaluation of its cable operator. We analyzed the cable company's legal, technical and financial status as well as issues identified by the City during the Performance review. Some of the significant issues included the impact of a labor dispute on service, technical failures, rates and increases, censorship of programming, and public access issues. Additionally, we analyzed and discussed issues with City personnel, residents, subscribers and representatives of the cable company. Our engineering consultant performed an on -site evaluation of the technical standards and analyzed the policies and procedures of the cable company and specifically the institutional network for possible improvements. For the past ten years, we have represented numerous public access corporations, including the Northwest Community Television Corporation, a non - profit corporation which represents nine cities in Hennepin County, Minnesota, and the Minneapolis Telecommunications Network, a non - profit access corporation which represents the City of Minneapolis Minnesota. We represent both of these entities and havl� assisted in their development of state -of- the -art access studios; public policy rules; staffing issues; and a wide range of First Amendment issues regarding programming carried over the system. The Ramsey/Washington Suburban Cable Commission ("R/W Commission*) is an entity which represents 12 cities in Ramsey Washington Counties in Minnesota. Recently the R/W Commission completed a process to transfer responsibility for community programming from the cable operator to the R/W Commission. We assisted the R/W Commission throughout this process which included implementing a budget, and negotiating the terms of the transfer from the cable operator to the R/W Commission of the I -Net equipment, Community Programming equipment, mobile van and equipment, master control equipment, and construction of tenant improvements in subleased space. We also assisted the Commission in assuming responsibility for the Community Programming Channels, I -Net switching, and equipment replacement grants. The Southwest Suburban Cable Commission (*Southwest Commission') is an entity which represents five cities in the Twin Cities area in Minnesota. We recently assisted the Southwest Commission through a relief extension process.. MOSS & BARNETT A PAon oNO A&S nm • During this process, the Southwest Commission negotiated with the cable company that the cable company be responsible for local programming. The cable company agreed to pay to the cities for franchise fee revenue which formerly went towards the local programming contribution. The following is a partial representative list of Moss S Barnett's cable communications clientele. Additional references will be provided upon request. Based on the entire proposal and the following references, we believe we have extensive experience to assist the City of Hutchinson. 1. City of East Grand Forks Population: 8,537 We assisted with a franchise renewal process with the City to extend the term of the franchise and incorporate provisions requiring upgrade of the system. Contact Person - Karl Lindquist City Attorney P.O. Box 329 East Grand Forks, Minnesota 56721 (218) 773 -9729 0 February, 1989 - July, 1991 2. City of Madison. Minnesota Population: 2,212 We assisted the City in a franchise renewal process and a transfer of ownership. Contact Person - Douglas Bunkers City Administrator 404 Sixth Avenue Madison, Minnesota 56256 (612) 598 -7373 April, 1988 - October, 1990 3. City of Pipestone. Minnesota Population: 4, 887 We assisted the City in a transfer of ownership evaluation and franchise renegotiation proceedings to incorporate system upgrade and franchise extension. Contact Person - David Logan Clerk/Administrator 119 Second Avenue S.W. Pipestone, Minnesota 56164 (507) 825 -3324 May, 1988 - October, 1990 -2- MOSS & BARNETT A PAOI69 n Assomnm 11 4. Tyler /Lake Benton/Ivanhoe. Minnesota Population: 2,701 We assisted these cities with their franchise renewals and transfers of ownership. Contact Person - Larry DeBoer Box 400 Tyler, Minnesota 56178 (612) 247 -5595 July, 1990 - January, 1991 5. Charlottesville. Virginia Population: 45,000 We have recently worked with the City Attorney on a renewal process. We consulted with the City on cable television issues and key documents for the renewal process, as well as assistance with a new franchise ordinance. Contact Person - W. Clyde Gouldman City Attorney 7th & E. Main Charlottesville, (804) 971 -3131 II Virginia 22901 Population: 225,000 We recently completed working with the City on a franchise renewal proceeding which will incorporate an entire system upgrade and additional testing requirements on the part of the cable operator, as well as many other significantly improved franchise provisions. Contact Person - Greg Bethea City Manager 101 City Hall Plaza Durham, North Carolina City Attorney's Office 101 City Hall Plaza Durham, North Carolina 27701 (919) 560 -4158 June, 1988 - January, 1991 -3- MOSS & BARNETT A fton N0 Assoc =N • 7. St. Marys. Ohio 0 0 Population: 9,000 We worked with the City on a feasibility study for a municipally -owned cable television system and a renewal process for an existing cable operator's franchise. We consulted on the development of meeting agendas, materials for the committee members and various documents. We worked on a regular basis with subcontractors, engineers and other professionals. Contact Person - Michael Weadock 101 E. Spring St. St. Mary's, Ohio 45885 (419) 394 -3303 May 9, 1990 through present 8. City of Norfolk. We have recently Norfolk as the renewal process. financial and tec assistance in the Contact Person - or yirainia Population: 267,000 served as legal counsel to the City of City proceeded through its franchise Our representation included a legal, :hnical review of the system, as well as ordinance adoption stage. Ron Hodges City of Norfolk 600 Building 645 Church Street Norfolk, Virginia 23510 (804) 441 -2821 Mary L. G. Nexsen Assistant City Attorney 908 City Hall Building Norfolk, Virginia 23501 (804) 441 -2871 September, 1987 - August, 1989 City of Minneapolis Telecommunications Network. Inc. Population: 370,000 We serve as legal counsel to the Minneapolis Telecommunications Network, Inc. (MTN). The MTN is a non - profit access corporation created by the City of -4- MOSS & BARNETT A Pao,e=mo Aasoa nw 10. 11. Minneapolis to promote the use of cable communicationA within the City of Minneapolis for both public access and local origination. We have worked with MTN on issues such as the first amendment. Contact Person - June, 1984 - Present •. .. . } Tony Riddle Executive Director MTN 125 S.E. Main Street Minneapolis, Minnesota 55414 (612) 331 -8575 Population: 260,000 We serve as legal counsel to the Northwest Suburbs Community Access Corporation (' NWSCAC'), a Minnesota nonprofit corporation. The NWSCAC is responsible for all public access programming in the Northwest Suburbs of Hennepin County, Minnesota. The NWSCAC is an active organization promoting access programming in four studios within its jurisdiction. The NWSCAC also has three Access Cooperatives which promote programming from specific o subsets of the community. Specifically, a Religious Cooperative, Women's Cooperative, and Educational Cooperative are quite active. We have worked with NWSCAC on issues such as the first amendment. Contact Person - Gregory A. Moore Executive Director 6901 Winnetka Avenue North Brooklyn Park, Minnesota 55428 (612) 536 -8355 October, 1982 - Present 0 • a #P ter-A-V . Population: 260,000 We recently completed providing consulting services to the Commission in consideration of a request for transfer of the Cable System from Storer to Hauser Communications, Inc. and the related franchise renegotiations. We have served as legal counsel to the Northwest Suburbs Cable Communications Commission since March of 1981. During this period we have guided the NWSCCC through the cable company selection process, negotiation and grant of a franchise. -5- • MOSS & BARNETT A fto s omu AsSmAnoH We are now providing legal counsel during the construction phase and the ongoing administration of the franchise. This includes doing all of the legal work for the formation of the Northwest Suburbs Community Access Corporation. We represented the Commission in enforcing construction deadline violations and the imposition of penalties and resolution of disputes. The NWSCCC includes the Cities of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, New Hope, Osseo, Plymouth and Robbinsdale, Minnesota. Contact Person - Gregory A. Moore Executive Director 6900 Winnetka Avenue North Brooklyn Park, Minnesota 55428 (612) 536 -8355 March, 1981 - Present 12. Virginia Beach, Virginia Population 425,000 We recently completed assisting the City in renewal of its cable television franchise. This assistance has included the drafting of a Request For Proposal, Model Franchise Ordinance and ongoing negotiation support. Contact Person - 1989 - Present Randall M. Blow Assistant City Attorney Municipal Center Virginia Beach, (804) 427 -4531 ME MM-M-7-TIKOFT-511 • lii • } Virginia 23456 -9004 Population: 186,000 We serve as legal counsel to the Southwest Suburban Cable Communications Commission ('SWSCC'). The SWSCC consists of the Cities of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield. We currently serve as the Commission's legal counsel during a Relief extension process. Contact Person - Carl City City 7600 Eden (612 October, 1981 - Present Jullie Manager of Eden Prairie Executive Drive Prairie, Minnesota 55344 937 -2262 Q-M MOSS & BARNETT A PRorsmmw A� 15 16 Ramsey/Washinaton Counties Population: 125,000 Suburban Cable Communications Commission We are presently serving as legal counsel to the Ramsey/Washington Commission. This Commission consists of the Cities of Birchwood Village, Dellwood, Lake Elmo, Mahtomedi, Maplewood, North St. Paul, Oakdale, Vadnais Heights, white Bear Lake, Willernie, Grant Township and White Bear Township. our work has included the drafting of the ordinance, the agreement and the rendering of all legal opinions. We serve as legal counsel for the franchise administration process on an ongoing basis. Contact Person - Timothy W. Finnerty, Executive Director Ramsey/Washington Cable Commission Executive Director 7245 Stillwater Boulevard North Oakdale, Minnesota 55128 (612) 779 -7145 July, 1981 - Present • Population: 36,000 is We have been working with the City for over 1 1/2 years on cable television issues including the development of a process for franchise renewal. The work has included the development of a new franchise ordinance as well as other documents. we also worked on a regular basis with the Cable Committee. Contact Person - Joe Marchesani 1613 Columbia Dr. Cedar Falls, Iowa 50613 (319) 273 -6292 September 19, 1991 through present Population: 465,622 We worked with the City of Austin on a ten (10) year performance evaluation of the cable company as well as a technical audit. As a result, a comprehensive report and strategy recommendations for franchise renewal were developed by us for the City. 0 -7- MOSS & BARNETT A Pao,ssvm AaOClA is Contact Person - Jack Kirfman Project Administrator City of Austin 206 East Ninth Street Suite 13.110 Austin, Texas 78701 December 3, 1992 through present 17. Elbow Lake. Minnesota Population 1,186 We serve as legal counsel to the City of Elbow Lake, Minnesota, one of the first municipally owned cable television systems to compete directly with a private cable operator. We initiated the municipal ownership review process and assisted the City throughout drafting the Franchise Ordinance, Request For Proposals, legal notices, Resolutions for Council action, policies and procedures for the operation, as well as strategy documents for the day -to -day operations. Contact Person - Jeff Holsen Clerk/Treasurer City Hall Elbow Lake, Minnesota 56531 (218) 685 -4482 February, 1989 - Present 18. Coleraine. Minnesota Population 1,041 We worked with the City Attorney on a municipal ownership project. We initiated the process with the City and advised the City throughout regarding the potential legal challenges from the private cable operator and on various legal, technical and financing issues. The City eventually completed construction of the system and is currently in competition with the current cable operator. Contact Person - Kent Nyberg, Esq. City Attorney City of Coleraine 302 Roosevelt Avenue Coleraine, Minnesota 55722 June, 1990 - Present i Iff:In MOSS & BARNETT A P,or mmo Ago =N 19. Farmville. North Carolina Population 4,392 20 21. we are currently advising the City of Farmville, North Carolina as it investigates the feasibility of developing a municipally owned cable television system to compete directly with the private cable operator. We are in the preliminary phases of this process and recently advised the City regarding the potential legal and competitive challenges which the City may incur as a result of the undertaking. Contact Person - Richard Hicks City of Farmville P.O. Box 86 Farmville, North Carolina 27828 April, 1992 - Present 12,915 We recently completed representing the City throughout the entire process and review of a new franchise with the City's cable television operator. The process included significant information gathering and needs assessmen which was developed by us together with the cablemr committee. Additionally, we took steps to resolve past performance problems and we handled the city's negotiations with the cable operator. Contact Person - David R. Paletta, Town Attorney c/o Paletta L Hedrick P.O. Box 541 Boone, North Carolina 28607 (704) 264 -0365 March, 1991 - December, 1992 632,910 we are currently representing the City in a renewal process with multiple cable operators serving the City. In this process, we are innovating new cable system technologies which the City desires to implement. Further, the City is negotiating to expand the development of community access channels including original interconnection that will provide a channel of programming available throughout the entire metro area. We have full responsibility for the renewal process, including drafting the proposal requests and the new ordinances. ME MOSS & BARNETT A Poor oNu A� CI 22. 0 23. Contact Person - Dee Whittaker Office of Management & Budget Purchasing Division 50 West Gay Street, 3rd Floor Columbus, Ohio 43215 -2821 (614) 645 -7554 January 20, 1992 - Present 34,590 We are currently assisting the City in the cable television renewal process and developing a new franchise ordinance. The City is also seeking assistance to incorporate applicable requirements from the new Cable Act and the requirements relating to an "electronic village* concept that will permit data exchange and programming between households and the college campus. Contact Person - Richard B. Kaufman Town Attorney 300 South Main Blacksburg, Virginia 24060 -4899 (703) 961 -1146 September 3, 1993 - Present 140,494 We have recently been hired to assume responsibility relating to the finalization of a cable television franchise renewal request made by Telecable. This work also includes the development of a workshop to advise the City of the new cable law and negotiation recommendations relating to the upgrade of the cable system. Contact Person - Nancy Yendes Law Department 830 Boonville Avenue Springfield, Missouri 65802 (417) 864 -1645 December 23, 1992 - Present -10- MOSS & BARNETT A Pnornsaors ASS=AnON , �. .,. 173, 0* We have recently been hired to represent the City in a cable television renewal process. Our responsibility has been to development a process to work together with representatives of the City to gather information regarding the past performance of the cable operator and the future needs of the city and to develop a Franchise Ordinance and Request for Proposal. Further, expected negotiations will be performed by Moss & Barnett as well. Contact Person - Debbie Gillespie Office of the Mayor City of Fort Wayne One Main Street, Room 980 Fort Wayne, Indiana 6802 February 3, 1993 - Present 25. Chapel Hill, North Carolina 38,719 This process is similar to what we have been doing in Fort Wayne, Indiana. We have been assisting the City for approximately six months. We have been coordinating t work with a very large Committee. We regula participate in meetings via teleconference. We assist the City's cable administrator with assignments for the subcommittees. We will be responsible for developing all of the documents, including the Request for Proposal and Franchise Ordinance, as well as assist in negotiations. Contact Person - Greg Feller Town of Chapel Hill 306 N. Columbia Street Chapel Hill, North Carolina 27516 (919) 968 -2743 August, 1992 - Present . 738ZO40 -11- • ADMINISTRATION 0Ymm anatlon Bulking TELEPHONE: 16121 297 -196 1 TDD (612) 297 -2100 March 24, 1993 STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY SAINT PAUL 55155 Mr. Gary Poltz City Administrator City of Hutchinson 31 Washington Avenue West Hutchinson, Minnesota 55350 Dear Mr. Poltz: LEASE NO 9088, DEPARTMENT OF PUBLIC SAFETY AND THE CITY OF HUTCHINSON, VOLUNTEER FIRE DEPARTMENT • The Minnesota Department of Public Safety, Division of Driver and Vehicles Services would like to write a new lease with City of Hutchinson, Volunteer Fire Department in regard to parking lot space being used for motorcycle testing. Public Safety would like to write a agreement with the City of Hutchinson, Volunteer Fire Department for a period of five (5) years (August 1. 1993 thru July 1, 1998. Terms of lease: No charge for use of lease space. Lessee agrees to vacate parking lot in case of a fire. Leased property is situated in the City of Hutchinson, County of McLeod, and is described as follows: An area of land approximately 2,250 square feet (30' X 75') comprising a portion of the parking lot adjoining Fire Station at Adams and Third Street Your acknowledgement and approval are necessary before a lease agreement can be written. Present lease will expire July 31, 1993. If you have any questions please call me. Sincerely, � C172��LCJ��,t Janet Weber Lease Coordinator MN. Dept. of Public Safety AN EQUAL OPPORTUNITY EMPLOYER ro w 9- F C. March 29, 1993 M E M O R A N D U M TO: Brad Emans, Fire Chief FROM: Marilyn J. Swanson, Admin. Secretary SUBJECT: Lease for Parking Lot Space Used for Motorcycle Testing The Minnesota Department of Public Safety is requesting a new leas* with the City and Fire Department to use the parking lot space at the fire station for the purpose of motorcycle testing. Attached is a copy of the letter received on March 26. Since I plan to place the request on the Council agenda for the April 13 meeting, I would like a response from you by Thursday, April 8 for the Council packet. • Thanks. CC: Gary D. Plotz, City Admin. Mayor Paul L. Ackland City Hall Parks & Recreation 37Washbigton Avenue Wcst 900 Harrington Street (612) 587 -5151 (612) 5S7 -2975 Hutchinson, Minnesota 55350 - Printed onw ydedpaper- • Police Department 10 Fraiiklin Street South (612) 587 -2242 9 -F HUTCHINSON FIRE DEPARTMENT 205 Third Avenue South East HUTCHINSON, MINNESOTA 55350 M E M O R A N D U M DATE: April 6, 1993 TO: Marilyn J. Swanson, Admin. Secretary FROM: Brad Emans, Fire Chief SUBJECT: NEW LEASE FOR OUR PARKING LOT TO BE USED FOR MOTORCYCLE TESTING Before a new lease is signed, I would like to point out the following: • 1. The fire station is being used more, fire calls are up and more meetings are taking place during the day because of shift work. u 2. The parking lot is being used for practice before the test. 9 -F Who is liable if someone is injured or something damaged? 3. People have asked us to move our vehicles so they could practice. 4. The examiners have asked us to move our vehicles so they could test. 5. In this day of constant State Aid Cuts, why should we let them use our lot free? 6. I can live with the lot being used, but not for free. I would propose $25.00 per day of use of $500.00 per year. 9 -F REAL ESTATE MANAGEMENT DIVISION` G22 ADMINISTRATION BLDG. A\v Volunteer Fire Dept. City of Hutchinson Z l.4 ST7TE OF MINNESOTA DEP RTMENT OF ADMINISTRATION I SAINT PAUL 55155 November 9, 1988 TRANSMITTAL 7IN RUPLY WFUR —`U LEASE NO. 9088 DEPARTMENT Public Safety AGENCY The attached lease documents should be examined carefully and acted upon promptly. Action is required on all items as indicated. Please return all copies without delay. 1. ( ) Signature by Owner(s). (As Lessor) (Two (2) officials of corporation, county, city, board, etc.) 2. ( ) Title of signatory. (Owner, partner, executor, trustee, etc.) 3. ( } Two (2) witnesses to signature of Lessor. 4. ( ) Date of signature. 5. ( ) Leasing Agency authorized signature. (As Lessee) 6. ( ) Expenditure authorization 4308. 7. ( ) Resolution document. (Municipality, County, etc.) 8. ( ) Initials) on clause(s) indicated. 9. ( ) Governor's signature. (Income Lease; MS 16.02, Subd. 14) 10. ( ) Return all copies to Real Estate Management Division. 11. (Xh Completed document. (For your records) 12. ( ) Remarks: (1QN, Director to Management Division Da Tel. No. (612)- 296 -6674 (�) Enclosure: ( 1 ) ( ) CERTIFIED - RETURN RECEIPT REQUESTED • (�) CC: Department of Public Safety; Driver and Vehicle Services Division RE- 00014 -01 ///� AN EQUAL OPPORTUNITY EMPLOYER / -F • RESOLUTION NO. 8877 RESOLUTION TO ENTER INTO LEASE AGREEMENT WITH STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY, FOR MOTORCYCLE SKILLS TEST EXAMINING AREA WHEREAS, the State of Minnesota Department of Administration, acting on behalf of the Department of Public Safety, Driver and Vehicle Services Division, has requested authorization to use an area of land approximately 2,250 square feet (30' X 75') comprising a portion of the parking lot adjoin- ing the Fire Station at Adams and Third Street to conduct motorcycle skills test examining, and WHEREAS, the Volunteer Fire Department has no objection to use of said area for the purpose stated above, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: THAT the City of Hutchinson enter into Lease No. 9088 with the State of • Minnesota in accordance with the terms given in said lease, and for a period of five years, commencing August 1, 1988 and terminating July 31, 1993. Adopted by the City Council this 11th day of October, 1988. ATTEST: 1 Gary Plot City Administra or 0 Paul L. Ackland Mayor LEASE spenditure Authorization - To be Completed by Depwurnt • Prior Yew Encumbrance or Original (A40 & 4a1 ❑ Increase (A41 & 441 ❑ Decrease (A45) ❑ Encumbrance Increase (A") - n. Ma. AcceV II.D. Yglu,bn f. Y. RgVMMM He. Venew MWnW TVW Twm, -- S.AR T.i S. TAY a O ad rp,, JaO 01 C14M fcM RT.Ynt EVffl. DUN /a E SEND YPE OF TRANSACTION Entered AAG Aq Dn. N.m .r ao o D.. N.-. TOTALAMOUNT see Clause 2 LEASE NO. N.U01 is made by and between Volunteer P. W.. Hutchinson. Minnesota �T3 nereinarcer rererrrou w o, _ - - - - Administration, hereinafter re ferred to as "LESSEE ", acting for the benefit of the Department of Public Safety; Driver and Vehicle Services Division i 1. The Lessor grants and the Lessee accepts a Lease of the following described premises in the City of Hutchinson County • of Plc Leod , Irfn—na50ta 557U , to -wit: _ An area of land approximately 2,250 square feet (30' X 75') comprising a portion of the parking lot adjoining Fire Station at Adams and Third Street for the term of Five (5) Years from August 1. 1988 through July 31. 1993 to be used as: motorcycle skills test examining area 2. The consideration for this Lease shall be the mutual benefits to both parties of this Agreement. - 3. This Lease may be terminated by the Lessee or Lessor upon giving thirty (30) days written notice of such termination to the other party. 4. The Lessor shall furnish and provide for the use of the Lessee: access to the leased area. L.J 4 r ' -2- S. Except as otherwise provided herein, the Lessee shall furnish all materials and services required for its use of the premises, and shall maintain the premises in a reasonably good condition and state of repair during the continuance of its tenancy, and shall surrender the premises to the Lessor at the termination of such tenancy in such condition as the same are in at the commencement of such tenancy, reasonable wear and damage by the elements excepted. 6. It is agreed that Lessor shall not be responsible for loss of or damage to Lessee's property, or injury to persons which may arise or be incident to the use and occupation of said premises except as may be attributed to Lessor's negligence by a court of law. The hours of use of the leased area shall be scheduled between 8:00 a.m. and 12:00 noon on Thursdays of each week. 8. Lessee shall construct a motorcycle skill test course. 9. All personal property in or about the leased premises belonging to or placed therein by Lessee or its occupants or visitors, shall be there at the sole risk of the Lessee or such other person only, and the Lessor shall not be liable for theft or misappropriation thereof. 10. This Lease may be extended for an additional term of Five (5) Years by mutual agreement in the form of a written Amendment to this Lease. 11. Lessee agrees to vacate parking lot in case of a fire. 12. Lessee further agrees that painting of the course in the parking lot shall be at its sole expense. IN WITNESS WHEREOF. the parties have set their hands on the date(s) indicated below intending to be bound thereby. 0 APPROVED: ,y/LESSOR: CITY OF HUTCHINSON STATE OF MINNESOTA A0, d� By 'CEO, IoNTEE�FIj}E� ART M T DEPARTMENT Of PUBLIC SAFETY 1 �C pC f/ By Title Date /6 a7 —�D As to form and execution this day of . 19 HUBERT H. HUMPHREY IiII, ATTORNEY GENERAL , OHcinai Signed Syr By Rita M. Desmond LEGAL ASSISTANT Legal Assistant DEPARTMENT OF FINANCE: By Original Signed By T. VARIER Date NOV C 8 1988 Above signature(s) atte ed to by: • LESSEE: STATE OF MINNESOTA DEPARTMENT "MINISTRATION SANDRA J. ALE MMI NER By REAL ESTATE MANAGEMEliT Date OCT 31 1988 Title Mrtyo.e - Date I 161-13 -Q9 By Title Um Date 'K,-- Above signature(s) atte ed to by: • LESSEE: STATE OF MINNESOTA DEPARTMENT "MINISTRATION SANDRA J. ALE MMI NER By REAL ESTATE MANAGEMEliT Date OCT 31 1988 March 31, 1993 AI3NTOLD & MCDOWELL ATTORNEYS AT LAti 5881 CEDAR LAKE ROAD MINNEAPOLIS, MIN- ESOTA 55416 -1492 (612) 545 - 9000 MN TOLL FREE 600-043'4343 FAX (612) 543-L799 Gary D. Plotz Hutchinson City Administrator Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 Re: 1992 Refuse Contract Our File No. 3188 -92212 OP COUNSEL W TSSAM W. CA.YERON RAYMOND C. LALLIER 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 33971 (612) 989 -2214 FAX /612)989 -5306 101 PARE PLACE HUTCHINSON, DIIWESOTA 33050 (612) 587 -7575 PAX (612) 582-4096 31 121Y 0 • Dear Gary: I am passing along the enclosed agreement between the City of Hutchinson and McLeod Landfill, Inc. Sanifill, the corporate parent to McLeod Landfill, has reviewed the document and is generally satisfied with it with one exception. Concern has been expressed regarding the very remote possibility that the EPA might shut down the landfill in which case, the landfill would not have any place to dispose of refuse. This is extremely unlikely, but obviously, this is a potential issue. This question was not part of the specifications and the contract as bid called for a three year arrangement between the successful bidder and the city. On the other hand, a quote might very well give relief to a landfill forced to shut down because of circumstances outside of its control (i.e., the Minnesota Pollution Control Agency). I have indicated to the representative of Sanifill that I have no authority to alter the terms and conditions of the proposed agreement and I pass it along to the council for discussion and comment. My inclination would be to either leave the agreement as is or to provide for some extended notice period. Perhaps six months or one year. I would note that we are already about six months into the contract which seems to be working well from what I can tell. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE HAS ASSOCIATION -CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE HAR ASSOCIATION L/ 1 DAVID B. ARNOLD OARY D. MCDOWELL • STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. HOOE LAURA E. FRETLAND DAVID A. BRUEOOEMANN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. MCOEE CATHRYN D. REHER OINA M. BRANDT March 31, 1993 AI3NTOLD & MCDOWELL ATTORNEYS AT LAti 5881 CEDAR LAKE ROAD MINNEAPOLIS, MIN- ESOTA 55416 -1492 (612) 545 - 9000 MN TOLL FREE 600-043'4343 FAX (612) 543-L799 Gary D. Plotz Hutchinson City Administrator Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 Re: 1992 Refuse Contract Our File No. 3188 -92212 OP COUNSEL W TSSAM W. CA.YERON RAYMOND C. LALLIER 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 33971 (612) 989 -2214 FAX /612)989 -5306 101 PARE PLACE HUTCHINSON, DIIWESOTA 33050 (612) 587 -7575 PAX (612) 582-4096 31 121Y 0 • Dear Gary: I am passing along the enclosed agreement between the City of Hutchinson and McLeod Landfill, Inc. Sanifill, the corporate parent to McLeod Landfill, has reviewed the document and is generally satisfied with it with one exception. Concern has been expressed regarding the very remote possibility that the EPA might shut down the landfill in which case, the landfill would not have any place to dispose of refuse. This is extremely unlikely, but obviously, this is a potential issue. This question was not part of the specifications and the contract as bid called for a three year arrangement between the successful bidder and the city. On the other hand, a quote might very well give relief to a landfill forced to shut down because of circumstances outside of its control (i.e., the Minnesota Pollution Control Agency). I have indicated to the representative of Sanifill that I have no authority to alter the terms and conditions of the proposed agreement and I pass it along to the council for discussion and comment. My inclination would be to either leave the agreement as is or to provide for some extended notice period. Perhaps six months or one year. I would note that we are already about six months into the contract which seems to be working well from what I can tell. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE HAS ASSOCIATION -CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE HAR ASSOCIATION L/ 1 Gary D. Plotz March 31, 1993 Page 2 Please place this matter on the consideration in the next week or so. Very truly yours, ARNOLD & Mc W L G. Barry Anderson GBA /pb Enclosure City Council agenda for • E AGREEMENT • THIS AGREEMENT is made and entered into by and between the City of Hutchinson ( "Hutchinson ") and McLeod Landfill, Inc. ( "MLI"). RECITALS: 1. The City of Hutchinson has entered into and agreement with Aagard West, Inc. to provide for the hauling of residential refuse; 2. Hutchinson desires to enter into an agreement with MLI to accept the residential refuse hauled by Aagard; 3. MLI desires to provide landfill services for the purpose of accepting the residential refuse from the City of Hutchinson; NOW THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN and One Dollar and other good and valuable . consideration, the parties agree as follows: 1. Term of the Agreement. This Agreement shall commence on the first day of November, 1992 and terminate on the last day of October, 1995. 2. Payment to MLI. Hutchinson shall pay to MLI the amounts specified in the proposal form submitted by MLI, a true and correct copy of which is attached hereto, marked as Exhibit "A" and incorporated as if fully set out herein. 3. Compliance with Laws and Standards. MLI shall comply with all applicable federal, state and county statutes, regulations and ordinances now in effect or hereinafter adopted. Without limiting the generality of the foregoing, MLI shall comply with all Minnesota Pollution Control Agency (MPCA) regulations and other environmental rules, regulations and statutes. -1- 4. Indemnity. MLI agrees that it will defend, indemnify and • hold harmless the City, its elected officials, officers and employees, against any and all liability, loss, costs, damages and expenses which the City, its officers or employees, may hereinafter sustain, incur or be required to pay, arising out of the failure of MLI to perform according to this Agreement or the failure of MLI to adequately perform its obligations pursuant to contract. 5. Cancellation. Hutchinson may immediately terminate the Agreement in the event the present tax or tipping fee is increased from the amount specified in the attached bid proposal form. 6. Modifications. Any material alteration, modification or variation shall become effective only if reduced to writing as an amendment to this Agreement and executed by the parties. 7. Records. MLI agrees to keep records and documentation • establishing the amount of residential refuse hauled by the authorized hauler for the City of Hutchinson and deposited in the landfill maintained by MLI. MLI agrees to make any and all such records available to the City, or its authorized agent, for inspection, for the purpose of verifying and demonstrating the accuracy of the fees charged to Hutchinson. MLI agrees to maintain these records for a period of three (3) years from the date of termination of this Agreement. 8. Subcontractor and Assignment. MLI shall not enter into any subcontract for performance of any of the duties contemplated under this Agreement, nor assign, sell or transfer any interest in the contract, without the prior written approval of Hutchinson, and • subject to such reasonable conditions and provisions as Hutchinson may deem necessary. This provision includes, but is not limited -2- to, any sale of the assets of MLI. • 9. Independent Contractor Status and Non E=Iovee Status. The parties agree that nothing herein set forth is intended or should be construed in any manner as creating or establishing the relationship of co- partners between the parties or constituting MLI as the agent, representative or employee of Hutchinson for any purpose or in any manner whatsoever. MLI is and shall remain at all times an independent contractor with respect to all services .and duties performed under this Agreement. MLI represents that it has, or will secure at its own expense, all personnel required in performing services under the Agreement. Any and all personnel of MLI, or other persons while engaged in the performance of any work or services required under the Agreement, shall have no contractual • relationship with Hutchinson and shall not be considered employees of Hutchinson. Any and all claims that may or might arise under the Unemployment Compensation Act or the Worker's Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including without limiting the foregoing, claims of discrimination against MLI, its officers, agents, contractors or employees, shall in no way be the responsibility of Hutchinson and MLI shall defend, indemnify and hold Hutchinson, its officers, agents and employees, harmless from any and all such claims irrespective of any determination of any tribunal, agency, board, commission or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights or benefits of any kind whatsoever from • Hutchinson, including without limiting generality of the foregoing, tenure rights, medical and hospital care, sickness and vacation -3- leave, worker's compensation, unemployment insurance, disability, • severance pay and PERA. 10. Merger. It is understood and agreed that the entire Agreement of the parties is set forth herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to this subject matter. 11. License and Representations. MLI represents and understands that Hutchinson relies on such representation that it is a duly licensed landfill facility and in compliance with all rules, regulations, statutes and ordinances affecting the landfill facility. MLI also represents that it is duly authorized to do business in the State of Minnesota. 12. Agreement Rights and Remedies. All remedies available to either party under the terms of this Agreement or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 13. Damages. Unless MLI's default is excused under the terms of this Agreement, Hutchinson may recover from MLI such damages as it may have sustained by reason of additional administrative costs, expenses of readvertising and rebidding, and other damages sustained by Hutchinson by reason of delay, price changes, loss of other contracts, the need to find a substitute landfill, and any other damages directly or consequentially arising out of this Agreement or failure to perform the same by MLI. 14. Default by MLI. Unless excused, each of the following shall constitute default on the part of MLI: -4- u • I* A. The written admission by MLI that it is bankrupt or the filing of a voluntary or involuntary petition under Federal Bankruptcy laws. The notice of default and cure provisions of this Agreement do not apply to this paragraph. B. The making of any arrangement with or for the benefit of MLI's creditors involving an assignment to a trustee, receiver or similar fiduciary. The notice of default and cure provisions of this Agreement do not apply to this paragraph. C. Failure to accept residential refuse for deposit in the landfill. The notice of default and cure provisions of this Agreement do not apply to this paragraph. D. Making material misrepresentations in this Agreement or any other provisions or conditions relied upon in the making of this Agreement. E. Failure to perform any other material provision of the Agreement. 15. Default by Hutchinson. Unless excused, each of the following shall constitute a default on the part of Hutchinson: A. The persistent or repeated failure or refusal by Hutchinson to pay any uncontested amount to MLI within sixty days of the date of the billing statement. B. Making material misrepresentations in this Agreement or any other provisions or conditions relied upon in the making of this Agreement. C. Failure to perform any other material provision of the Agreement. 16. Written Notice of Default and Cure Period. Unless otherwise provided, no event shall constitute a default giving rise -5- to the right to terminate the Agreement unless and until written • notice of default is given to the defaulting party, specifying the particular event, series of events or failure constituting the default and the cure period. If the party in default fails to cure the specified circumstances as described by the notice of default within ten (10) days or such other time as may be specified under the terms of the Agreement, then this Agreement may be terminated by written notice. MLI and Hutchinson have entered into this Agreement with the Agreement having been duly approved by Hutchinson on this _ day of February, 1993, and the parties hereto agree to be bound by the provisions as set forth above. Attest: Gary D .Plotz City Administrator CITY OF HUTCHINSON By: 0 Paul L. Ackland, Mayor McLEOD LANDFILL, INC. By: Its: 11 0 C April 8, 1993 MEMO TO: MAYOR d CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: 1992 WATER /SEWER FUND REIMBURSEMENT TO GENERAL FUND Our 1992 General Fund Budget contained reimbursement of some expense incurred for the Water /sewer fund. This has been budgeted in the past years. It would be requested to be reimbursed for: Audit City Administrator 110 hours Finance Director 200 hours Accounting 48 hours $3,600 3,757 5,657 687 $13,701 This represents a conservative estimate of and by no means all expenses which could be reimbursed. It is requested of the City council to authorize the reimbursement to the General fund for 1992 of $13,701. This was budgeted for 1992 and would be reflected in the 1992 financial statements. City Hall 37 Washington Avenue West (612) 587 -5151 Parks fr Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Hutchinson, Minnesota 55350 - Printed on mc4ded paper - Police Department 10 Franklin Street South (612) 587 -2242 77$ r April 9, 1993 I:a i TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL FINANCE DIRECTOR SUBJECT: PURCHASE LOT 9 BLOCK 1 CALIFORNIA Addition In August 1992 the City Council approved the purchase of lot 9 Block 1 California Second Addition. At the time of the approval we had assumed the cost to be $1.00 plus the unpaid assessments. We have received the attached letter from Ed Ide telling the city to acquire the lot a check must be sent for $5,208.50. I have discussed the issue with Ed and he tells me there would not • be any way for the property to be decreased in value at this time. This despite the fact the city would be purchasing the property for public purpose. I have attached request approval acquired. Funds it would appear in the future. • City Hall 37 Washington Avenue West (612) 587 -5151 the information from the past action and would for the money requested if the property should be for the purchase could be from assessment bonds as the property would be used for street construction Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 9_ J� 11 r L Edward Ide County Auditor is !March 16. 199, TO: hen Merrill Citv of Hutchinson I� 830 11th Street East ncoe, Minnesota 55336 -227C Phone (612) 864 -5551 FAX (612) 864 -341 C Please forward a check in the amount of $5,208.50 for Parcel Number 23- 312 -0090. Below is a breakdown of the composition of the costs: $5000.00 PURCHASE PRICE 150.00 ASSURANCE 25.00 DEEL' 17.00 RECORDING 16.50 DEED TAX $5,208.50 TOTAL weeks we will forward the recorded deed to you in four to six Respectfullc. Edward Ide, McLeod County- Auditor McLeod County is an Eoual Onoortunny EmPfover /Af irmanve Action 9T CITY COUNCIL MINUTES - AUGUST 11, 1992 (d) ORDINANCE NO. 92 -64 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL ESTATE AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to waive first reading and set second reading for August 25, 1992. 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF SUBDIVISION AGREEMENT FOR HUTCHINSON MALL PLAT 2 Following discussion of assessments and changes in the subdivision agreement, the motion was made by Councilman Erickson to approve the subdivision agreement with the proposed changes, subject to K -Mart's approval and a signed waiver of no objection to any improvements /assess- ments on Century Avenue. Motion seconded by Councilman Mlinar and unanimously carried. (b) CONSIDERATION OF AWARDING BID FOR PHASE II REMODELING AT BURNS MANOR NURSING HOME Following discussion, Councilman Lenz moved to approve and award low bid to Professional Construction Services in the amount of $25,500. Motion seconded by Councilman Mlinar and unanimously carried. (c) CONSIDERATION OF CITY POLICY ON ASSESSMENTS Following discussion, Councilman Mlinar moved to approve the assessment policy. Motion seconded by Councilman Lenz and unanimously carried. (d))//CONSIDERATION OF PURCHASE OF TAX FORFEITED PROPERTY FOR PUBLIC USE Following discussion, Councilman Torgerson moved to approve purchase of Lot 9, Block 1 of California Second Addition for an additional street right -of -way. Motion seconded by Councilman Mlinar and unanimously carried. 3 9 -T C • • August 6, 1992 MEMO TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: PUBLIC PURPOSE TAX PARCEL We have been notified of parcels which will be going tax forfeit (see attached list) and could be acquired for public purpose. One parcel has been requested for public purpose. City Engineer Rodeberg has a request of lot 9 block 1 California Second Addition. If the city council has yet to be fully place would require to this parcel. City Hall 37 Washington Avenue West (612) 587 -5151 approves this request the payment to the city determined by the county. Assessments are in either a payment or forgiveness of assessments Parks G Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2241 9 -J- •••• ......................... rn•re.nit LJJft alSiti'i ; ;: ;; ;;;; ; ; ;;;;; ;;3;; ; ;;;;;:w TAHFAiER IN LiRi :CUU 319 ; FROPERT; ID �R+ F Jn -^O• JNV JEiYlzt, p AC. Vit. :h•Ei{T 36-ii "- 30-11-043v .^^^ IV, JVVV ,.^ ,^ PTO, /V ^ ^. ^L' ^ ^^ Ft.Con: Mt.Aur: n�wvE« Fnn"",IviJ J1I1GL1 hnic in4iT Z4F*; FrOrlt: Back: �i� i% CALiFOIwiA 0000 ^a wvV� R lgl'tt. Leit: Owner!: REID 0- Merr3: ^ vwn -r 2 : MD MINABcL ^ OWPle14: i 5c3 Zoning: Frinijsec: Yr.bit; 0000 Area Acres: Scii.Dst. 423 Rshd: 00 Grjvs /-k: Subrets: 00 width: Depth: ............................... PTKt-Land Mt-aldq iTKt-Mach l"Rt-Tot TX Capacity Hd F•i :wwT, 1590: 1909: Le-gal Description: LOT 5 SLv K i CALIFORIiA SECOhi A^DTTi Type' FIL• i5 ADDRESS: press Eiv1GR; Or Fl, F2, Fo SPECIAL ASSE"3 ov SEARL'3i .TJMnv`Am AS OF: 0ej^3ji932 FROFERii ii: 36-1;'•' -30 11-0430 Jan» AJJL.JJr�!rl a•£.x^RIFl. i %ACi Tii RATE lvlrw A:a'.FR in. PAYOFF CD �R+ F Jn -^O• JNV JEiYlzt, p AC. Vit. 19Q1 1V .^^^ IV, JVVV ,.^ ,^ PTO, /V ^ ^. ^L' ^ ^^ V.VV l+L Jn-i /o _nw.. 3iL'tui Jcaen i963 10 3.1000 410.410 LATERML STO£u9 SE.'ER i 5c3 i ^ 5.1000 130.0.' 1..00 i 2.9c SA-1179 LT, ^_-Gx'_lcam-BIT.mw, i ^S- 1 8.400'^ 1 ;^ •^ ^ $n -211 J:.REc'"' MACE ni. 15_. lV V._VVl _ '1' 7V- ^^ 1__. p, ^^ 4 =1.00 SA.1 C'3A GFi ^I :v 19CJ iV 1 ^.JVVV 3V^.GV' 3V. VG ^� 90,0_ Jn12 0n wn_Lt811.v 198:' i':, 0.^1.00 i2�• 1272. IS -- 3oi.64 ,jr Lc ^DIED 4717.40 •!•L. .� .1352 LCL CL^Rl"IFiED 6^2.00 /J 1G•G.64 C'•F DE. ^L�L• C n^ VV JVCM'!fl.! 'J. fV.V . l!, ^l i•,^i' ^. ^V Vr - - - - -- JL°'YIAM OF HIJIOM Fress M ER; or FA,, r'4. F% r'7 Fe^ FfitvFEh"A' DATA SPECIAL ASSESSM"I'l CONZIET.^LS I149IIRY :Cv" %R 332 PROFER1 V 1D 36-117- 3u^ -iI -0430 COP;P;EN T S ................... .......... ............................... 9 0 s • 0 C M E M O R A N D U M July 30, 1992 T0: Gary Plotz - City Administrator FROM: John P. Rodeberg, Director of Engineering RE: Forfeited Property Acquisition It looks as if Lot 9 /Block 1 of California Second Add 'tion would be a very good location for an additional street right f -way. This area has had drainage problems, and no street r t -of -way is available in the area to access the Zable area. I would strongly recommend picking up the lot for public purposes if the cost is minimal. Recommend checking assessments on property. I see no value in any of the other lots for public purposes. CC: Cal Rice Jim Marka Pat VanderVeen Ken Merrill Barry Anderson <Jj> City Hall Parks & Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled Paper Police Department 10 Franklin Street South (612) 587 -2242 qJT � f i I�IgJ iS t IvACaTE01 AVENUE : S' .- �DD.'ll' t 9 ! •'0 t 1t f. C01 st s l: LC>c^TlcwQ ou,w aj f , 3 so s R -5 ._,, I - 1 - f -- - eel �'c .• .. - -' eg Ce O f �1 __ /// �•�`o� i I • .fin a 11 Edward Ide County Auditor City of Hutchinson 830 11 th Street Eas Glencoe, Minnesota 55336 -227( Phone (612) 864 -555'. FAX (612) 864.341( July 6, 1992 456`7g9,� N I am hereby notifying the City of Hutchinson that the following parcels have been forfeited to the State of Minnesota for non - payment of real estate taxes: Parcel 1 Name Description Lot Block 23- 312 -0030 California Second Addition 3 1 23- 050 -2400 S 1/2 Hutchinson E. 22' of Lot 10 29 23- 362 -009 d's 6th Add. S. 2' of Lot 1 - 312 -0090 California Second Additi 9 �� 23- 312 -0060 a ifornia Second Addition 1 23 -312 -0050 California Second Addition 5 1 23- 312 -0040 California Second Addition 4 1 As outlined in the enclosed statutes, I await the city's action. If the city has an interest in acquiring the parcel for a public purpose, please call or write. EI:11 Sincerely, Edward Ide, McLeod County Auditor McLeod County is an Ecivai Opportunity EmpioyerlAtarmaove Acuon / _J 6667 TAX- FORFEMM LAND SAIM 712A1 • develop the natural resources; and foster and develop agriculture and other industries in the districts and places best suited to them. In making the classification the county board may use information trade available by any office or department of the federal, state, or local governments, or by any other person or agency possessing pertinent information at the ume the classification is made. The lands may be reclassified from time to time as the county board may consider nec- essary or desirable, except for conservation lands held by the state free from any trust in favor of any taxing district- If the lands are located within the boundaries of an organized town, with taxable valuation in excess of 520,000, or inrorporated municipality, the classification or reclassification and sale must first be approved by the town board of the town or the governing body of the municipality in which the lands are located. The town board of the town or the governing body of the municipality is considered to have approved the classification or reclassification and sale if the county board is not notified of the disap- proval of the classification or reclassification and sale within 90 days of the date the request for approval was transmitted to the town board of the town or governing body of the municipality. If the tows board or governing body desires to acquire any parcel lying in the town or municipality by procedures authorized in this subdivision, it must file a written application with the county board to withhold the parcel from public sale. The application must be filed within 90 days of the request for classification or reclassi- fication and sale. The county board shall then withhold the parcel from public sale for one year. Subd. la. Conveyance; generally. Tax - forfeited lands may be sold by the county board to an organized or incorporated governmental subdivision of the state for any public purpose for which the subdivision is authorized to acquire property or may be released from the trust in favor of the taxing districts on application of a state agency • for an authorized use at not less than their value as determined by the county board. The commissioner of revenue may convey by deed in the name of the state a tract of tax- forfeited land held an trust in favor of the taxing districts to a governmental subdivi- sion for an authorized public use, if an application is submitted to the commissioner which includes a statement of facts as to the use to be made of the tract and the need therefor and the recommendation of the county board. Subd. lb. Conveyance; targeted neighborhood lands. (a) Notwithstanding subdivi- sion 1 a. in the case of tax- forfeited lands located in a targeted neighborhood. as defined in section 469.201, subdivision 10, outside the metropolitan area, as defined in section 473.121. subdivision 2, the commissioner of revenue may convey by deed in the name of the state anv tract of tax - forfeited land held in trust in favor of the taxing districts, to a political subdivision that submits as application to the Commissioner of revenue and the recommendation of the county board_ (b) Notwithstanding subdivision la, in the case of tax - forfeited lands located in a targeted neighborhood, as defined in section 469.201, subdivision 10, in a county in the metropolitan area, as defined in section 473.121, subdivision 2, the commissioner of revenue shall convey by deed in the name of the state any tract of tax- forfeited land held in trust in favor of the taxing districts to a political subdivision that submits an application to the commissioner of revenue and the county board (c) The application under paragraph (a) or (b) must include a statement of facts as to the use to be made of the tract, the need therefor, and a resolution, adopted by the governing body of the political subdivision, finding that the conveyance of a tract Of tax - forfeited land to the political subdivision is necessary to provide for the redevel- opment of land as productive taxable property. Subd. ic. Deed of conveyance. The deed of conveyance must be on a form approved by the attorney general and must be conditioned on continued use for the Purpose stated in the application. IC however, the governing body of the governmental subdivision by resolution determines that some other public use should be made of the lands, and the change of use is approved by the county board and an application for change of use is made to, and approved by, the commissioner, the changed use may be 9- ARNOLD & MCDOWELL ATTORNEYS AT LAN' 101 PARK PLACE Hi TCHINSON, MINNESOTA 55:350 -2563 (612) 587 -7575 PAX (612) S57 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON OF COUNSEL WILLIAM W. CAMERON RAYMOND C. I.ALLI ER PAUL M.BEOICH CHARLES R.CARMICHAEL" 5881 CEDAR LASE ROAD MINNEAPOLIS, M INNESOTA 55416 (612) 545 -9000 MN TOLL FREE 600 -54,7 -4545 FAX(612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55571 a69- PAX (61a 4316f�_ March 12, 1993 Mr. Gary D. P lotz City Administrator (tz 37 Washington Avenue West 92 Hutchinson, Mn. 55350 Re: Partial Release of Easement - Lincoln Avenue & Crow River Our File No. 3188 -87001 Dear Gary: . Enclosed please find a Partial Release of Easement. This Partial Release was previously approved by the City Council. However, to make sure that some future title examiner does not raise the question of whether or not the formal document was itself approved by the City Council, I would suggest that this matter be placed on the agenda for the first mee ing in pri an is e Easemen orm can a approv Thank you. Best regards. Very truly yours, G. Barry AndefsoP2 ` =� GBA:lm CC Alice Lietzau -Crow River Title Michael Schall 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION LQ / / "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION G// /�_'y\ DAVID a. ARNOLD • O►RY D. HCDOWELL STEVEN A. ANDERSON 0. 9ARRY ANDERSON' STEVEN S. HDOE LAURA K. PRETLAND DAVID A. BRUE00EMANN PAM D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. MCOEE CATHRYN D. REBER ARNOLD & MCDOWELL ATTORNEYS AT LAN' 101 PARK PLACE Hi TCHINSON, MINNESOTA 55:350 -2563 (612) 587 -7575 PAX (612) S57 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON OF COUNSEL WILLIAM W. CAMERON RAYMOND C. I.ALLI ER PAUL M.BEOICH CHARLES R.CARMICHAEL" 5881 CEDAR LASE ROAD MINNEAPOLIS, M INNESOTA 55416 (612) 545 -9000 MN TOLL FREE 600 -54,7 -4545 FAX(612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55571 a69- PAX (61a 4316f�_ March 12, 1993 Mr. Gary D. P lotz City Administrator (tz 37 Washington Avenue West 92 Hutchinson, Mn. 55350 Re: Partial Release of Easement - Lincoln Avenue & Crow River Our File No. 3188 -87001 Dear Gary: . Enclosed please find a Partial Release of Easement. This Partial Release was previously approved by the City Council. However, to make sure that some future title examiner does not raise the question of whether or not the formal document was itself approved by the City Council, I would suggest that this matter be placed on the agenda for the first mee ing in pri an is e Easemen orm can a approv Thank you. Best regards. Very truly yours, G. Barry AndefsoP2 ` =� GBA:lm CC Alice Lietzau -Crow River Title Michael Schall 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION LQ / / "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION G// /�_'y\ PARTIAL RELEASE OF EASEMENT THIS PARTIAL RELEASE OF EASEMENT is entered into and approved • this _ day of April, 1993. RECITALS: 1. The City of Hutchinson is a Minnesota municipal corporation and the holder of an unconfined storm sewer easement by virtue of documents filed in the office of the McLeod County Recorder. 2. The City has received requests that certain easements referred to above, presently unconfined, be confined to aid in the disposition and transfer of real estate interests. NOW THEREFORE BE IT RESOLVED BY THE HUTCHINSON CITY COUNCIL: 1. The City retains a 16 foot wide easement for storm sewer purposes over, under and across property more specifically • described on attached Exhibit "A" incorporated as if fully set out herein. 2. Attached and marked as Exhibit "B" is a sketch prepared at the direction of the City of Hutchinson showing the location of the confined storm sewer easement. 3. Except as set forth above, the storm sewer easement created within Lot 1 of Lynn Addition by document dated July 12, 1943, filed for record on February 28, 1944 in Book 21 of Miscellaneous Records in the office of the McLeod County Recorder at page 270 is hereby released. -1- 0 y -,t 11 This' Partial Release of Easement has been approved by the Hutchinson City Council on the _ day of April, 1993. CITY OF HUTCHINSON By: Paul L. Ackland, Mayor Attest: Gary D. Plotz City Administrator STATE OF MINNESOTA) ) SS. COUNTY OF McLEOD ) On this day of April, 1993, before me a Notary Public, Personally appeared Paul L. Ackland and Gary D. Plotz, Mayor and City Administrator for the City of Hutchinson, a Minnesota municipal corporation, who acknowledge that they executed the foregoing document on behalf of said corporation. THIS INSTRUMENT WAS DRAFTED BY: G. Barry Anderson ARNOLD & McDOWELL 101 Park Place Hutchinson, Mn. 55350 Telephone (612) 587 -7575 Attorney I.D. No. 196X -2- Notary Public A ( foot wide easement for storm sewer purposes over, under and across the following described property: Lot 5, Block 39, TOWNSITE OF HUTCHINSON, NORTH HALF. The center line of said easement is described as follows: Commencing at the southeast corner of said Lot 5; thence West, assumed bearing, along the south line of said Lot 5 a distance of 41.42 feet to the beginning of said center line; thence North 48 degrees 00 minutes West 126.55 feet; thence North 41 degrees 00 minutes West 60 feet, more or less, to the southerly shore line of Crow River and said center line there terminating. The side lines of said easement shall be prolonged or shortened to ter- minate at the south line of said Lot 5 and at said southerly shore line of Crow River. Also commencing at the southeast corner of said Lot 5; thence West, assumed bearing, along the south line of said Lot 5 a distance of 41.42 feet; thence North 48 degrees 00 minutes West 126.55 feet to the beginning of the center line to be described; thence South 11 degrees 12 minutes West 21.79 feet; thence South 24 degrees 00 minutes West 35.00 feet; thence South 33 degrees 00 minutes West 27.00 feet; th e southwesterly to a point on said south line, distant 21.01 f) easterly of the southwest corner of said Lot 5, and said center line there terminating. The side lines of said easement shall be prolonged or shortened to terminate at said south line of Lot 5. A !L foot wide easement for storm sewer purposes over, under an ad cross the following described property: Lot 3 of RIVERSIDE SUBDIVISION OF LOT 1, LYNN ADDITION. The center line of said easement is described as follows: Commencing at the southwest corner of Lot 2 of said subdivision; thence northerly, along the west line of said Lot 2 a distance of 41.88 feet to the beginning of said center line; thence South 45 degrees 00 minutes West, assuming the north line of said Lot has a bearing of West, a distance of 25.34 feet; thence South 0 io degrees 42 minutes West to the southerly line of said Lot 3 and said center line there terminating. The side lines of said ease- ment shall be prolonged or shortened to terminate at the east and southerly lines of said Lot 3. A foot wide easement for storm sewer purposes over, under an as cross the following described property: Lot 2 of RIVERSIDE SUBDIVISION OF LOT 1, LYNN ADDITION. The center line of said easement is described as follows: Commencing at the nort h assumed bearing, along of 41.42 feet to the be 48 degrees 00 minutes E point on the south line of the southeast corner terminating. The side or shortened to termina Lot 2. east corner of said Lot 2; thence Nest, the north line of said Lot 2 a distance ginning of said center line; thence South ast 39.45 feet; thence southerly to a of said Lot 2 distant 20.00 feet westerly of said Lot 2 and said center line there lines of said easement shall be prolonged to at the north and south lines of said A b foot wide easement for storm sewer purposes over, under an across the following described property: Lot 2 of RIVERSIDE SUBDIVISION OF LOT 19 LYNN ADDITION. The center line of said easement is described as follows: Commencing at the southwest corner of Lot 5, Block 39, TONNSITE OF HUTCHINSON, NORTH HALF; thence East, assumed bearing, along the north line of said Lot 2 a distance of 20.01 feet to the beginning of said center line; thence southwesterly to a point on the west line of said Lot 2 distant 41.88 feet northerly of the southeast corner of said Lot 2 and said center line there terminating. The side lines of said easement shall be prolonged or shortened to terminate at the north and west lines of said Lot 2. 0 1 0 20 40 BO T•col• in felt 1- 0 RI v ERs /;L:E 0 W z J wh•0�' S j N 11 CATCH BASIN % N'OI i NOV. 24. 11 \4c, SKETCH FOR CITY OF HUTC,'�INSON q �• STORM SEWER LOCATION / L'3 "i 5 N. CATCH MSIN BLOCK 39.1 T WINIS1,TE z; C F HUTCHifvSON \• ti0l r� <. HAL.- 1 h„I K h ti^/ b I— N\ LINE OF SEWER EASEMENT I',� `• WEST 1 .20.01 .. ; SOUTH LIN[ Of LOT S 41.42 I NORTH LINE 'OF LOT 2 LWEST. "BUIMEO KARINGI '�• It p ^ CATCH BASIN 12 1 1 /• 1 I �• I 1 m I Q 1 O I i TCH BASIN 1 N I o, . O ' O J 1 Q I W LC1r 2 1 • ' f 1 h � I 1 i 1 ' I :2 0.00 6< MANHOLE LINCOLN AVENUE i I ' PELLINEN LAND SUIIVEYING 1 I I/UTCI )N, MINNESOTA i 1 d08 NO. 0;276 8009 PI34 I PAG t W L. Cl I 3 wh•0�' S j N 11 CATCH BASIN % N'OI i NOV. 24. 11 \4c, SKETCH FOR CITY OF HUTC,'�INSON q �• STORM SEWER LOCATION / L'3 "i 5 N. CATCH MSIN BLOCK 39.1 T WINIS1,TE z; C F HUTCHifvSON \• ti0l r� <. HAL.- 1 h„I K h ti^/ b I— N\ LINE OF SEWER EASEMENT I',� `• WEST 1 .20.01 .. ; SOUTH LIN[ Of LOT S 41.42 I NORTH LINE 'OF LOT 2 LWEST. "BUIMEO KARINGI '�• It p ^ CATCH BASIN 12 1 1 /• 1 I �• I 1 m I Q 1 O I i TCH BASIN 1 N I o, . O ' O J 1 Q I W LC1r 2 1 • ' f 1 h � I 1 i 1 ' I :2 0.00 6< MANHOLE LINCOLN AVENUE i I ' PELLINEN LAND SUIIVEYING 1 I I/UTCI )N, MINNESOTA i 1 d08 NO. 0;276 8009 PI34 I PAG t 0 I M E M O R A N D U M DATE: April 1, 1993 TO: The Mayor 1City Council FROM: Steve Madso at:d Jim Marka�� RE: Public Nuisance - Pigeons In recent years Hutchinson's pigeon population has been rapidly growing. Pigeons tend to roost and congregate on ledges, overhangs, etc. within the Downtown Main Street area and we are experiencing accumulations of droppings on sidewalks, foyers, etc, which potentially is creating an unsanitary condition. City Staff has discussed the possibility of live trapping with an interested private party who is willing to attempt this venture at no cost to the City. The intent of this memo is to request Council approval to notify the property owners listed below and request their cooperation permitting live trapping to take place on their roofs. 1) Hutchinson Telephone Company 2) Hutch Hotel 3) Hennen Furniture 4) Citizens Bank & Trust Company 5) City Hall JGM/mms cc: Gary Plotz, City Administrator City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Prin fed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 �1-1 ARNOLD & MCDOWELL ATTORNEYS AT LAW 5681 CEDAR LANE ROAD MINNEAPOLIS, MINNESOTA 5 5416 -149 2 (612) 545 -9000 MN POLL PREL 500-343 -4545 PAS: (612) 549-1793 April 8, 1993 Gary D. Plotz Hutchinson City Administrator Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 Re: Hutchinson Downtown Redevelopment Hutchinson, MN ShopKo #017 Our File No. 3244 -89031 Dear Gary: OF COUNSEL WlL N. CAXERON RAYNORD C. LALLIE, 501 SODTH POCRSH STREET PRINCETON, MINNESOTA 55371 (612)369-2214 FAX (612) 389 -5506 lo/ PARE PLACE HUTCHINSON, MINNESOTA 55350 (612) 587 -7575 Fe (612) 587 -4096 APR1S93 s RECENEB -2 v Enclosed please find a copy of correspondence from ShopKo which should be included in the next regularly scheduled council packet as a discussion item. • To the surprise of absolutely nobody, ShopKo would now like to consider purchasing the parcel. The city has limited uses for the land, and in fact, the only use that I can think of at this point would be the possibility of a liquor store. It might make sense to retain the land upon which the present City Hall sits for that purpose for long planning purposes and convey the parcel to ShopKo in exchange for payment at the appraised value. Alternatively, the property could simply be retained and perhaps an agreement could be reached with ShopKo in which they would have a right of first refusal. In fact, we have previously committed to such an agreement although the author of the enclosed letter doesn't seem to be aware of it. In any event, this should be the subject of discussion at our next regularly scheduled City Council meeting. Thank you. Best regards. Very truly yours, ARNO McD LL • G. Barry Anderson GBA /pb Enclosure 'CERTIFIED A A CIVIL TRIAL SPECLALIST BY THE NINNESO STATE B. ASSOCIATION ••CERTIMED AS A REAL PROPERTY LAW SPECIALIST BY SHE ND>NESOTA STATE BAH ASSOCIATION nAYin n. ARNOLD QART D. WD IX SEVEN A. ANDERSON o. BARBY ANDeawN STEVEN S. BOOM LDRA R. PRSTLAND DAVID A. BROEOOENANN PAM D. DOVE • • JOSEPH M.PAIENENT JAMES DTLEY RICHARD O. WORE CATHRYN D. REBER OINA M. BRANDT ARNOLD & MCDOWELL ATTORNEYS AT LAW 5681 CEDAR LANE ROAD MINNEAPOLIS, MINNESOTA 5 5416 -149 2 (612) 545 -9000 MN POLL PREL 500-343 -4545 PAS: (612) 549-1793 April 8, 1993 Gary D. Plotz Hutchinson City Administrator Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 Re: Hutchinson Downtown Redevelopment Hutchinson, MN ShopKo #017 Our File No. 3244 -89031 Dear Gary: OF COUNSEL WlL N. CAXERON RAYNORD C. LALLIE, 501 SODTH POCRSH STREET PRINCETON, MINNESOTA 55371 (612)369-2214 FAX (612) 389 -5506 lo/ PARE PLACE HUTCHINSON, MINNESOTA 55350 (612) 587 -7575 Fe (612) 587 -4096 APR1S93 s RECENEB -2 v Enclosed please find a copy of correspondence from ShopKo which should be included in the next regularly scheduled council packet as a discussion item. • To the surprise of absolutely nobody, ShopKo would now like to consider purchasing the parcel. The city has limited uses for the land, and in fact, the only use that I can think of at this point would be the possibility of a liquor store. It might make sense to retain the land upon which the present City Hall sits for that purpose for long planning purposes and convey the parcel to ShopKo in exchange for payment at the appraised value. Alternatively, the property could simply be retained and perhaps an agreement could be reached with ShopKo in which they would have a right of first refusal. In fact, we have previously committed to such an agreement although the author of the enclosed letter doesn't seem to be aware of it. In any event, this should be the subject of discussion at our next regularly scheduled City Council meeting. Thank you. Best regards. Very truly yours, ARNO McD LL • G. Barry Anderson GBA /pb Enclosure 'CERTIFIED A A CIVIL TRIAL SPECLALIST BY THE NINNESO STATE B. ASSOCIATION ••CERTIMED AS A REAL PROPERTY LAW SPECIALIST BY SHE ND>NESOTA STATE BAH ASSOCIATION C1efflamm" r.i►ffffv§WjWW e WC March 29, 1993 G. Barry Anderson Arnold and Mc Dowell 5881 Cedar Lake Rd. Minneapolis, MN 55416 -1492 RE: Hutchinson Downtown Redevelopment Your File No.: 3244 -89031 Hutchinson, MN ShopKo #017 Dear Mr. Anderson: I'm sending this letter to you as a follow -up to numerous phone calls and conversations you have had with Mark Nelson, who is no longer with ShopKo, and Colin Pietz,- regarding various Cross - Easement Agreements and Restriction Agreements for the site in downtown Hutchinson. Rich Evans asked me to ask you if it is possible that the City of Hutchinson would sell ShopKo the property that was going to be the future liquor store next to our store. ShopKo would be interested in purchasing that land and land banking it as future expansion area for the ShopKo store. If this is of interest to the city, please contact me and we can discuss the details and price. As a side note, I have asked Colin Pietz to prepare a simple Restriction Agreement for this liquor store parcel, as it appears that the liquor store was built next to the grocery store across First Avenue. All we really want to cover in a Restriction at this point would be the fact that we do not want to see a pharmacy or optical store on this parcel. If the city is not interested in selling this land to ShopKo, I would appreciate it if you would contact Colin Pietz to work out a Restriction Agreement on this parcel. Rich Evans would still like to see a Cross - Easement in place for this parcel, but in fact it may be simpler and adequate to have a Restrictive Covenant on file at the County Recorder. If you have any questions please call me at (414)496 -7116. Thank you for your anticipated cooperation in this matter. Sincerely, SHKO STORES, i 7 /) Dan Haller Real Estate Administrator ,cc: Colin Pietz DH /jmp P.O. 700 Pilgrim Way e= tvaeo Gr, Bw, %"543W -9WO 174 - 497.2211 April 8, 1993 ARNOLD & MCDOWELL ATToRwEYs AT LAW 5881 CEDA8 LABS ROAD MINNEAPOLIS, MINNESOTA 55416-1492 (612)543 -9000 TOP TOLL TREE 600 - 343 -4643 TAE (612) 343 -1993 Dan Haller Real Estate Administrator ShopKo Stores, Inc. 700 Pilgrim Way P.O. Box 19060 Green Bay, WI 54307 -9060 Re: Hutchinson Hutchinson, Our File No Dear Mr. Haller: Downtown Redevelopment MN ShopKo #017 3244 -89031 9P c6oESSl WILL X M. CAKKIRM RAYMOND C. IJT. ME 501 SOtiTR POMMN STREET PRMCETON, YIREESOfA 553" (612) 369 -2214 PAX (612) 369 -6606 101 PARE PLACE 8T9T =SON, 1TTI.-NESOTA 55330 (612) 567-9573 PAX (612) 567 -4096 3" - + 11/2 ASR Thank you for your letter of March 29, 1993. I believe the city would be willing to consider selling the parcel to ShopKo and I have referred your correspondence, along with a copy of my letter, to the City Administrator for the council to consider at its April 13, 1993 meeting. Mr. Nelson and I had discussed the subject of the Cross - Easement Agreement on several occasions, most recently within the last couple of months, and it was my understanding that he was working on a draft or a response of some sort. I agree that a restriction on a pharmacy or optical business in that location appears reasonable, in view of the discussions that we have had, and the only other remaining issue that I am aware of concerns the shift of the building to the north during construction which resulted in closing off a city park path on the north adjacent to the river. I understand there were discussions between Cindy, Mark and representatives of the city about ways to deal with this problem and I also understand the representatives of the city were going to talk to the DNR about a proposal to resolve that minor problem. I don't see any reason why we can't wrap up these remaining issues is in the next couple of weeks, at least on an agreement basis, and I will get back to you shortly. - CERTITIED AS A CIVIL T SPECIALIST BY THE MINNESOTA STATE RAN ASSOCIATIOII 9 ­CERTIFIED AS A REAL PROPERTY LA SPECIALIST ]BY TEE NTN OTA STATE EAR ASSOCIATION 1 DAVID s.A LD "AT D. NIDOMELL STEVEN A.ANDEESON O.EAEET ANDERSON' STEVEN S. ROOF LCEA E. PEETLAD DAVID A. ERCEOOEXANN PAM D. DOVE" JOSEPH Y. PAIEYENT JAMES DTT.EY RICHARD O. NCOEE uTRRYN D. REFER OINA N.ERANDT April 8, 1993 ARNOLD & MCDOWELL ATToRwEYs AT LAW 5881 CEDA8 LABS ROAD MINNEAPOLIS, MINNESOTA 55416-1492 (612)543 -9000 TOP TOLL TREE 600 - 343 -4643 TAE (612) 343 -1993 Dan Haller Real Estate Administrator ShopKo Stores, Inc. 700 Pilgrim Way P.O. Box 19060 Green Bay, WI 54307 -9060 Re: Hutchinson Hutchinson, Our File No Dear Mr. Haller: Downtown Redevelopment MN ShopKo #017 3244 -89031 9P c6oESSl WILL X M. CAKKIRM RAYMOND C. IJT. ME 501 SOtiTR POMMN STREET PRMCETON, YIREESOfA 553" (612) 369 -2214 PAX (612) 369 -6606 101 PARE PLACE 8T9T =SON, 1TTI.-NESOTA 55330 (612) 567-9573 PAX (612) 567 -4096 3" - + 11/2 ASR Thank you for your letter of March 29, 1993. I believe the city would be willing to consider selling the parcel to ShopKo and I have referred your correspondence, along with a copy of my letter, to the City Administrator for the council to consider at its April 13, 1993 meeting. Mr. Nelson and I had discussed the subject of the Cross - Easement Agreement on several occasions, most recently within the last couple of months, and it was my understanding that he was working on a draft or a response of some sort. I agree that a restriction on a pharmacy or optical business in that location appears reasonable, in view of the discussions that we have had, and the only other remaining issue that I am aware of concerns the shift of the building to the north during construction which resulted in closing off a city park path on the north adjacent to the river. I understand there were discussions between Cindy, Mark and representatives of the city about ways to deal with this problem and I also understand the representatives of the city were going to talk to the DNR about a proposal to resolve that minor problem. I don't see any reason why we can't wrap up these remaining issues is in the next couple of weeks, at least on an agreement basis, and I will get back to you shortly. - CERTITIED AS A CIVIL T SPECIALIST BY THE MINNESOTA STATE RAN ASSOCIATIOII 9 ­CERTIFIED AS A REAL PROPERTY LA SPECIALIST ]BY TEE NTN OTA STATE EAR ASSOCIATION 1 The project has been tremendously successful from almost any conceivable angle and the city has enjoyed working with ShopKo. Thank you. Best Regards. G. Barry Anderson GBA /pb ce: Gary Plotz 0 L RESOLUTION NO. 9921 • RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO.2 PROJECT NO. 93 -02 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of School Road from McDonald's Drive to South Grade Road by the construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances and School Road from Roberts Road to South Grade Road by construction of sidewalk, landscaping and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,MINNESOTA, 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Administrator shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be publicly opened at 2300 PM on May 17th, 1993, in the Council Chambers of the City Hall by the City Administrator and Director of Engineering, will then be tabulated, and will be considered by the Council on June Sth, 1993, in the Council Chambers of the City Hall, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Administrator and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 10 percent of the amount of such bid. Adopted by the Hutchinson City Council this 13th day of April, 1993. City Administrator 0 Mayor • RESOLUTION NO. 9923 RESOLUTION APPROVING PLANS AND SPECIFICA AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO.5 PROJECT NO. 93-06, 93 -07, 6 93-08 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of: Project No. 93 -06 5th Avenue S.E. from Monroe Street to Ontario Street; Project No. 93 -07 Erie Street and Huron Street from 2nd Avenue S.E. to South Termini; and Project No. 93 -08 4th Avenue S.W. from Dale Street to Lynn Road; by construction of storm sewer, sanitary sewer, watermain, sewer and water services, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications,a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Administrator shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be publicly opened at 2:00 P.M. on May 17th, 1993, in the Council Chambers of the City Hall by the City Administrator and Director of Engineering, will then be tabulated, and will be considered by the Council on June Sth, 1993, in the Council Chambers of the City Hall, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Administrator and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 10 percent of the amount of such bid. Adopted by the Hutchinson City Council this 13th day of April, 1993. Mayor City Administrator 9 -A; ABSOLUTION NO. 224 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS • LETTING NO. 6 PROJECT NO. 93-09, 93 -10, 93 -11, 93-12, & 93-13 11 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of: Project No. 93 -09 Wagner Development Corporation Plats 1 & 2, Stallings -Hoeft Addition & School District Plat by the construction of bituminous wear course and appurtenances; Project No. 93 -10 Schmidtbauers Fourth Addition - Phase 1 by the construction of bituminous wear course and appurtenances; Project No. 93 -11 North Oak Ridge storm sewer, bituminous wear course and appurtenances; Project No. 93 -12 Blocks 3,4,5 & 6, Plaza Heights by construction of grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances; and Project No. 93-13 Mac's Bluff by construction of grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Administrator shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be publicly opened at ZOO P.M. on May 10th, 1993, in the Council Chambers of the City Hall by the City Administrator and Director of Engineering, will then be tabulated, and will be considered by the Council on June 8th, 1993, in the Council Chambers of the City Hall, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility.' No bids will be considered unless sealed and filed with the City Administrator and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 10 percent of the amount of such bid. Adopted by the Hutchinson City Council this 13th day of April, 1993. Mayor City Administrator �� 40 Saltman, Inc. 968 Hayden Ave. SW Hutchinson MN 55350 -2342 (612) 587 -7258 April 12, 1993 Attn: Gary Plotz City of Hutchinson Washington Ave. W Hutchinson, MN 55350 Mr. Gary Plotz: Re: LOT 10, BLOCK 21, CITY OF HUTCHINSON, S 1/2 OFFER TO PURCHASE AT APPRAISED VALUATION OF SIX THOUSAND EIGHT • HUNDRED AND NO /100S ($6800) WITH THE FOLLOWING PROVISIONS: THE PROPERTY REZONED TO ALLOW CONSTRUCTION OF A WAREHOUSE FOR COMMERCIAL BUSINESS CONDUCTED BY SALTMAN, INC.© SURVEY, ABSTRACT AND WARRANTY DEED TO BE FURNISHED TO BUYER UPON FULL PAYMENT. SURVEY AND FULL PAYMENT TO BE COMPLETED WITHIN 60 DAYS. ALL TAXES PAYABLE IN 1993 TO BE PAID BY SELLER. FIVE HUNDRED ($500.00) CHECK - EARNEST MONEY ENCLOSED. Yours truly, Louis F. Brunner, Pres. Saltman, Inc.© 968 Hayden Ave. SW. Hutchinson MN 55350 -2342 11 AO- T I 0 • • DOLORES W, BpUNNER 9506 966 HAVDEN AVE. 612.587 -7258 - HUTCHINSON, MN 55350 75.7=2919 / 1999 9ruxcH , Pay to the n / Order of ( "i J��fi �/ -+�.�✓ $SOY � � nu Lars r FIRSTATE � ssdh ® FEDEI�L 181mwi -2900 cis % l AMUITNT For 0 • • Lorence and Associates` • PROFESSIONAL REAL ESTATE APPRAISERS P.O. BOX 25 GLENCOE, MINNESOTA 55336 - (612) 8646693 GLENCOE - (612) 587 -9538 HUTCHINSON MR. GARY PLOTZ, CITY ADMINISTRATOR CITY OF HUTCHINSON 37 WASHINGTON AVE W HUTCHINSON, MN 55350 4 -8 -93 RE: VALUATION ESTIMATE LOT 10, BLOCK 21, CITY OF HUTCHINSON, S 1/2 DEAR MR. PLOTZ, I HAVE INSPECTED THE SUBJECT PROPERTY AS REQUESTED. I ESTIMATE THE FEE SIMPLE MARKET VALUE AS OF MARCH 31, 1993 TO BE: SIX THOUSAND EIGHT HUNDRED AND N01100S ($68001 THIS ESTIMATE IS BASED ON RESEARCH OF HUTCHINSON BARE LAND SALES WHICH PROVIDES THE BEST INDICATION OF VALUE FOR THIS PROPERTY IN THIS MARKET. THE SALES SELECTED AS MOST COMPARABLE INCLUDE: SALE # DESCRIPTION SALE PRICE SALE PRICE /SQUARE FOOT • #1 LOT 3, BLOCK 61 $ 7,000.00 $ .80 S 1/2 CITY #2 PART OF LOTS 9510 $ 6,000.00 $ .78 BLOCK 44, N 1/2 #3 PART OF LOT 9 $ 6,000.00 $ .75 BLOCK 44, N 1/2 AVERAGE SALE PRICE PER SQUARE FOOT: $ .78 THE SUBJECT IS VERY UNUSUAL (LOCATION, R -3 ZONING, FLOOD PLAIN LOCATION, ETC.) WHICH MADE COMPARABLE SALE SELECTION VERY DIFFICULT. THE COMPARABLES SELECTED ARE THE BEST AVAILABLE. SINCERELY, D D d IORENCE D CERTIFI D FEDERAL GENERAL REAL PROPERTY APPRAISER MN LICENSE #4001625 • 1'r-A' � � �.� it � .ii �,�` '��_�re VALUE ANALYSI_S REPORT 9. NEITHER ALL, NOR ANY PART OF THE CONTENT OF THE REPORT, OR COPY THEREOF (INCLUDING CONCLUSIONS AS TO THE PROPERTY VALUE, THE IDENTITY OF THE APPRAISER, PROFESSIONAL DESIGNATIONS, REFERENCE TO ANY PROFESSIONAL APPRAISAL ORGANIZATIONS, OR THE FIRM WITH WHICH THE APPRAISER IS CONNECTED), SHALL BE USED FOR ANY PURPOSES BY ANYONE BUT THE CLIENT SPECIFIED IN THE REPORT, THE BORROWER IF THE REPORT FEE IS PAID BY SAME, THE MORTGAGEE OR ITS SUCCESSORS AND ASSIGNS, MORTGAGE INSURERS, CONSULTANTS, PROFESSIONAL APPRAISAL ORGANIZATIONS, ANY STATE OR FEDERALLY APPROVED FINANCIAL INSTITUTION, ANY DEPARTMENT, AGENCY OR INSTRUMENTALITY OF THE UNITED STATES OR ANY STATE OR DISTRICT OF COLUMBIA, WITHOUT THE PREVIOUS WRITTEN CONSENT OF THE APPRAISER; NOR SHALL IT BE CONVEYED BY ANYONE TO THE PUBLIC THROUGH ADVERTISING, PUBLIC RELATIONS, NEWS, SALES, OR OTHER MEDIA, WITHOUT THE WRITTEN CONSENT AND APPROVAL OF THE APPRAISER. 10. ON ALL VALUATION REPORTS SUBJECT TO SATISFACTORY COMPLETION OF REPAIRS OR ALTERATIONS, THE REPORT AND VALUE ESTIMATION ARE CONTINGENT UPON COMPLETION OF THE IMPROVEMENTS IN A WORKMANLIKE MANNER. DATE:!... /- S`!., APPRAISER(S). ................ • avid J r nce CONTINGENT AND LIMITING CONDITIONS: THE CERTIFICATION OF THE APPRAISER APPEARING IN THIS REPORT IS SUBJECT TO THE FOLLOWING CONDITIONS AND TO SUCH OTHER SPECIFIC AND LIMITING CONDITIONS AS ARE SET FORTH BY THE APPRAISER IN THIS REPORT. 1. THIS PROPERTY VALUE ANALYSIS REPORT IS NOT AN APPRAISAL AND SHOULD NOT BE UTILIZED NOR RELIED UPON AS SUCH. IT DOES NOT INCLUDE ALL OF THE METHODOLOGY, PROCEDURES, AND REPORTING REQUIREMENTS NORMALLY INCLUDED IN AN APPRAISAL REPORT FOR PROPERTY SUCH AS THE SUBJECT. 2. THE APPRAISER ASSUMES NO RESPONSIBILITY FOR MATTERS OF A LEGAL NATURE AFFECTING THE SUBJECT PROPERTY OR THE TITLE THERETO, NOR DOES THE APPRASIER RENDER ANY OPINION AS TO THE TITLE, WHICH IS ASSUMED TO BE GOOD AND MARKETABLE. THE VALUE OF THE SUBJECT IS ESTIMATED AS THOUGH UNDER RESPONSIBLE OWNERSHIP. 3. ANY SKETCH IN THIS REPORT MAY SHOW APPROXIMATE DIMENSIONS AND IS INCLUDED TO ASSIST THE READER IN VISUALIZING THE PROPERTY WHEN PROVIDED. THE APPRAISER HAS MADE NO SURVEY OF THE PROPERTY. 4. THE APPRAISER IS NOT REQUIRED TO GIVE TESTIMONY OR APPEAR IN COURT BECAUSE OF HAVING MADE THE REPORT WITH REFERENCE TO THE PROPERTY IN QUESTION, UNLESS ARRANGEMENTS HAVE BEEN PREVIOUSLY MADE THEREFOR. 5. ANY DISTRIBUTION OF THE VALUATION IN THE REPORT BETWEEN LAND AND IMPROVEMENTS APPLIES ONLY UNDER THE EXISTING PROGRAM OF UTILIZATION. IF IN THE REPORT, THE SEPARATE VALUATIONS FOR LAND AND BUILDING MUST NOT BE USED IN CONJUNCTION WITH ANY OTHER REPORT AND ARE INVALID IF SO USED. 6. THE APPRAISER ASSUMES THAT THERE ARE NO HIDDEN OR UNAPPARENT CONDITIONS OF THE PROPERTY, SUBSOIL, OR STRUCTURES, WHICH WOULD RENDER IT MORE OR LESS VALUABLE. THE APPRAISER ASSUMES NO LIABILITY FOR SUCH CONDITIONS, OR FOR ENGINEERING WHICH MIGHT BE REQUIRED TO DISCOVER SUCH FACTORS. 7.. INFORMATION, ESTIMATES, AND OPINIONS FURNISHED TO THE APPRAISER, AND CONTAINED IN THE REPORT, WERE OBTAINED FROM . SOURCES CONSIDERED RELIABLE AND BELIEVED TO BE TRUE AND CORRECT. HOWEVER, NO RESPONSIBILITY FOR ACCURACY OF SUCH ITEMS FURNISHED TO THE APPRAISER CAN BE ASSUMED BE THE APPRAISER. B. DISCLOSURE OF THE CONTENTS OF THE REPORT IS GOVERNED BY THE BYLAWS AND REGULATIONS OF THE PROFESSIONAL APPRAISAL ORGANIZATIONS WITH WHICH THE APPRAISER IS AFFILIATED. 9. NEITHER ALL, NOR ANY PART OF THE CONTENT OF THE REPORT, OR COPY THEREOF (INCLUDING CONCLUSIONS AS TO THE PROPERTY VALUE, THE IDENTITY OF THE APPRAISER, PROFESSIONAL DESIGNATIONS, REFERENCE TO ANY PROFESSIONAL APPRAISAL ORGANIZATIONS, OR THE FIRM WITH WHICH THE APPRAISER IS CONNECTED), SHALL BE USED FOR ANY PURPOSES BY ANYONE BUT THE CLIENT SPECIFIED IN THE REPORT, THE BORROWER IF THE REPORT FEE IS PAID BY SAME, THE MORTGAGEE OR ITS SUCCESSORS AND ASSIGNS, MORTGAGE INSURERS, CONSULTANTS, PROFESSIONAL APPRAISAL ORGANIZATIONS, ANY STATE OR FEDERALLY APPROVED FINANCIAL INSTITUTION, ANY DEPARTMENT, AGENCY OR INSTRUMENTALITY OF THE UNITED STATES OR ANY STATE OR DISTRICT OF COLUMBIA, WITHOUT THE PREVIOUS WRITTEN CONSENT OF THE APPRAISER; NOR SHALL IT BE CONVEYED BY ANYONE TO THE PUBLIC THROUGH ADVERTISING, PUBLIC RELATIONS, NEWS, SALES, OR OTHER MEDIA, WITHOUT THE WRITTEN CONSENT AND APPROVAL OF THE APPRAISER. 10. ON ALL VALUATION REPORTS SUBJECT TO SATISFACTORY COMPLETION OF REPAIRS OR ALTERATIONS, THE REPORT AND VALUE ESTIMATION ARE CONTINGENT UPON COMPLETION OF THE IMPROVEMENTS IN A WORKMANLIKE MANNER. DATE:!... /- S`!., APPRAISER(S). ................ • avid J r nce DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms - offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of arry adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. ENVIRONMENTAL DISCLAIMER: The value estimated is based on the assumption that the property is not negatively affected by the existence of hazardous substances or detrimental environmental conditions unless otherwise stated in this report The appraiser is not an expert in the identification of hazardous substances or detrimental environmental conditions. The appraisers routine inspec- tion of and inquiries about the subject property did not develop any information that indicated any apparent significant hazardous sub- stances or detrimental environmental conditions which would affect the property negatively unless otherwise stated in this report It is possible that tests and inspections made by a qualified hazardous substance and environmental expert would reveal the existence of hazardous substances or detrimental environmental conditions on or around the property that would negatively affect its value. .... ...: APPRA ER D i Lorence DATE • M � dpRl9g3 v�D April 9, 1993 Hutchinson City Council 37 Washington Avenue West Hutchinson, MN 55350 Dear Sirs: The Optimist Club of Hutchinson would like to make a request again this year to reserve the use of Library Square on April 24, 1993. April 24th will be our annual Green -Up Clean -Up Day. Registration at the Park will begin at 9:00 A.M., and a brief ceremony will be held in the Park when the youth • return from their pickup areas at approximately 11:00 A.M. Doug Meyer has been contacted to provide a city truck for disposal of the refuse. We would appreciate your action on this request at your next meeting. If you have any further questions, please call me at 587 -2233. 7CK /jml • With Rind Rega ds, oel Kraft Optimist Club /o --/�, • 11 C H E H 0 R A N D U H April 9, 1993 TO: Mayor and City Council FOR YOUR &F01 %MT OV FROM: John P. Rodeberg, Director of Engineering RE: City Hall Ventilation System After extensive discussion with the Architectural /Mechanical consultant and the City Council, we still have not clarified which ventilation system to proceed with. It is our understanding that the earlier questions regarding existing systems in the City that don't work well, and the potential difficulty in maintaining the system, are probably not warranted. Attached is a letter from the consultant noting the benefits of the VAV (Variable Air Volume) system over rooftop units. The initial cost of the VAV system is approximately $32,000 more, but it is expected that this cost will be made up within 10 years or so. The other benefits of the system that are noted warrant a very close look at this time. Due to the complexity and variances in the two systems, this can not be done as an alternate. We would appreciate your review and consideration. <J> City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 m�to April 8,1993 John Rodeberg City Hutchinson Qty Hall 37 Washington Avenue West Hutchinson, Minnesota 55350 Re: Hutchinson City Hall Commission No. 9292 Dear John: 6 WEST FIFTH STRE11 ST. PAUL, MINNESOTA 5510: 612.227.777; FAx 612.223.564(, 0 I enjoyed our conversation of this Monday regarding the HVAC systems proposed for the remodeling project. We discussed some issues that have been concerning us related to abandoning the variable - volume (VAV) system in favor of the gas fired rooftop units, as described in our earlier presentations I felt you had developed a fairly clear understanding of the benefits of the VAV concept, and I would like to recall them herein for your future reference. 1. Zone Control: The comfort of individual spaces, on different exposures will be greatly enhanced with the VAV system. 2. Ventilation: Airflow and air exchange rates in individual spaces will vary somewhat with load in the space, however all spaces should benefit from the increased outside air delivery offered by the VAV system which will provide 100% fresh air at times when it is practical to do so. 3. Maintenance: The central VAV system concept should require less care and last longer sin* most of the equipment is indoors rather than outside on the roof of the building. The central system has fewer motors and belts, fewer grease fittings, and fewer filters to replace. And, the controls system will provide alarms if something goes wrong. 4. Efficiency: Once the computerized temperature control system is commissioned and the operator becomes familiar with this new friend (and tool), you will be able to take advantage of many opportunities for energy savings including, night setback, optional system startup, air system discharge temperature optimization, etc. The system could even be configured to shutdown lighting and reset the air supply to rooms when not in use. I hope these descriptions help you in your future discussions. Again, please call if I can be of any further assistance. Thanks Sincerely, WOLD ARCHITECTS AND ENGINEERS i Craig f P.E. D'uector or o of Mecltani Engineering jae \apr9292 s Equal Opp....... F.P! " • L� RESOLUTION AUTHORIZATION TO EXECUTE MINNESOTA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR STATE FINANCIAL ASSISTANCE FOR AIRPORT IMPROVEMENT Be it resolved by the CITY COUNCIL OF HUTCHINSON as follows: 1. That the State of Minnesota Agreement No. 70264 , "Agreement for State Financial Assistance for Airport Improvement" for State Project No. 4304 -12 at the HUTCHINSON MUNICIPAL Airport is hereby accepted. 2. That the (Mayor /Chairperson) and (Clerk /Secretary) are hereby authorized and directed to execute said Agreement No. 70264 on behalf of the CITY OF HUTCHINSON , and to execute and affix their signatures to any and all further required documents pertinent hereto, and all amendments thereof. (Corporate Seal or Notary) of the do hereby certify that the foregoing resolution is a true and exact copy as duly passed by the of and recorded in the minutes of a meeting held on the day of , 19_, at which meeting there was present a quorum of the council. Signature: (Clerk or Equivalent) V —A� t - Mn /DOT TP- 08112-06 (10 -92) MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF AERONAUTICS 222 EAST PLATO BOULEVARD SAINT PAUL, MINNESOTA 55107 -1618 TELEPHONE NUMBER: (612) 296 -8202 AGREEMENT FOR STATE FINANCIAL ASSISTANCE FOR AIRPORT IMPROVEMENT Municipality CITY OF HUTCHINSON State Project No. 4304 -12 Federal Project No. Agreement No. 70264 This Agreement is between the State of Minnesota, hereafter referred to as State, by and through its Commissioner of Transportation, hereafter referred to as Commissioner, and the CITY OF HUTCHINSON (City, County, Municipality, Airport Commission) hereafter referred to as Municipality. WHEREAS, the Municipality desires the financial assistance of the State for FUEL FACILITY -ABOVE GROUND hereby referred to as project, for its airport; and WHEREAS, the State is authorized by Minnesota Statutes 360.015 and 360.305, and is willing and agrees to provide financial assistance to the Municipality for improvement of its airport; and WHEREAS, the Municipality has provided the Commissioner with the plans, specifications, and a detailed description of the airport improvement project which the Commissioner has approved; NOW, THEREFORE, it is agreed as follows: The Municipality shall complete the project, as approved, and any changes in the plans and /or specifications of the project, subsequent to the date of this Agreement, are subject to prior approval by the Commissioner. 2. Work necessitated by the project will start NOTICE TO PROCEED , and shall be completed no later than MAY 1.1993 , in accordance with the plans and specifications as approved by the Commissioner. 3. The estimated project cost is 891000.00 The proportionate shares of the total project cost are: Federal State 2/3 and Municipal 1/3 , and the State's obligation shall not exceed $60666.67 In the event Federal reimbursement becomes available or is increased for this project, the State shall be entitled to withhold from such Federal funds an amount not to exceed the State share of this Agreement. No funds are committed under this Agreement until they are encutbered by the Minnesota Department of Finance. 4. The Municipality shall make disbursements on a work progress basis for which certified cost estimates shall be submitted to the Commissioner on forms prescribed by the Commissioner. The State will reimburse the Municipality for proportionate shares of the approved project costs to be paid with State and Federal funds. S. For an approved project which involves the purchase of equipment, the Municipality will be reimbursed by the State in one lump sum after the Municipality A) has acquired both possession and unencumbered title to the equipment and B) has presented to the State paid invoices, and a certificate that the equipment is not defective and is in good working order. The Municipality shall keep the equipment, for which it is reimbursed under this Agreement, property stored, in good repair, and shall not use said equipment for any purpose other than airport operations. 6. Where the Municipality represents and shows that the project involves work of such a nature that it is inadvisable to contract for this work, and where the State approves, the work will be done in accordance with the schedule of prices established by the Municipality and set forth in the attached exhibit which is made a part of this Agreement. 7. The Municipality shall operate and maintain its airport as a licensed, municipally -owned public airport at all times of the year for a period of 20 years from the date the Municipality receives final reimbursement under this Agreement. The Municipality further agrees that it will not sell, mortgage, lease, assign, abandon, use for other than airport purposes, or in any way transfer any of the Municipality's interest in the airport or in any real or personal property which is purchased or improved with State aid funds without prior written approval from the State, and than such transfer or use may be made subject to such conditions as the State may designate at that time. If the Municipality fails to comply with the terms of this Agreement, the State may terminate it upon 30 days' written notice to the Municipality, and the Municipality will return, upon demand to the State, the amounts received hereunder, plus interest at 8% per annum from the date of payment. 9. The Municipality presently has available sufficient unencumbered funds to pay its share of the project, costs and it shall be responsible in the execution of this Agreement that all provisions of its municipal charter and applicable State and Federal laws have been strictly followed. 11,41-A I 10. The Municipality shall maintain such records and provide such information, at the request of the State, so as to permit the Department of Transportation, the Legislative Auditor, and /or the State Auditor to examine those books, records, and accounting procedures and practices of the Municipality relevant to this contract pursuant to Minnesota Statute 168.06, Subdivision 4. 11. The Municipality shall save and hold harmless the State from any claims, liabilities, or damages including, but not limited to, its costs and attorneys' fees arising out of the project which is the subject of this Agreement. 12. The Municipality agrees that it shall not utilize any State or Federal financial assistance received, pursuant to this Agreement, to compensate either directly or indirectly any contractor, corporation, partnership, or business, however organized, which is disqualified or debarred from entering into or receiving a Minnesota Department of Transportation contract. This restriction applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This restriction shall not prevent the Municipality from utilizing funds, hereby provided, to pay any party who might be disqualified or debarred, subsequent to its contract award, on this project by the Municipality. 13. The Municipality agrees that all contracts for materials, supplies, or work performed under this Agreement shall comply with the equal employment opportunity requirements of Minnesota Statute 181.59. 14. The Municipality has an affirmative action plan for the employment of minority persons, women, and the disabled that has been approved by the Commissioner of Human Rights. This restriction applies only if the State's participation under this Agreement exceeds $50,000.00, and to Municipalities that employed more than 20 full-time employees at any time during the last 12 months. 1. MUNICIPALITY By: Title: By: Title: CITY ADMINISTRATOR 3. APPROVED AS TO FORM AND EXECUTION 2. MINNESOTA DEPARTMENT OF TRANSPORTATION 4. Director, Office of Aeronautics Date: Date: Attorney General OF ADMINISTRATION Authorized Signature S. COMMISSIONER OF FINANCE Date: F- I L Authorized Signature 0 s * OPEN -HOLD COUNCIL REPORT TUE, APR 13, 1993, 9:50 AM page 1 -------------------------------------------------------------------------------- 1960 TIDS . CITY OF HUTCHINSON BLDG. PERMIT $438.30 PETERSON- PAULSEN ASSOC & COMM. REHAB $5,2S3.72 PETERSON - PAULSEN ASSOC. & COMM. REHAB $9,200.00 PETERSON - PAULSEN ASSSOC. COMM. REHAB $2,630.89 QUADE ELECTRIC EST38 LIFE SAFETY IMPROV $3,108.40 $20,631.31* 1982 IMPRO.BDS FIRST TRUST BOND PRINCIPAL $52,912.88 $52,912.88* 1986 IMPRO.BOS AM.NATIONAL BANK BOND PRINCIPAL $119,23700 $119,237.50* 1988 IMPROV. BOS AM.NATIONAL BANK AGENT PAYING FEES $274.93 $274.93* 1993 IMPRO.CON B TKDA PROF.SERVICES RE:IMPROVEM $3,561.85 $3,561.85* AIRPORT RENOVAT. TKDA PROF SERVICES $4,390.42 • $4,390.42* BURNS MANOR DS AM.NATIONAL BANK BOND PRINCIPAL #5289 $79,768.75 $79,768.75* CENTRAL GARAGE BRANDON TIRE CO TIRES $214.67 CAMERA SHOP FILM & PRINTS $10.85 CARQUEST AUTO PARTS FILTERS $465.79 CHAMPION AUTO BATTERY, BEAMS, SILICONE, $319.98 CITY OF HUTCHINSON APRIL MEDICAL $432.09 COAST TO COAST PAINT $27.95 FARM & HOME DIST. CO RUST STOP, PAINT, ETC $126.42 FITZLOFF HARDWARE CLAMPS, PARTS $3.82 FORTIS BENEFITS APRIL LTD INS $15.23 G & K SERVICES UNIFORMS $79.12 GLOBAL OCCUP SAFETY GRAY SEAT SUPPORT $104.04 HUTCH COOP CENNEX FLOOR DRY $12.67 HUTCHINSON WHOLESALE PLUGS, CLEANERS,BATTERY,L $576.50 JERABEK MACHINE SERV FLAT IRON $62.06 MACQUEEN EQUIP INC BROOMS, SHOE RUNNERS $2,003.48 MN.MUTUAL LIFE APRIL LIFE INS $6.72 MTI DIST.CO RETURN SPRING $2.33 POSTAGE BY PHONE MARCH POSTAGE $6.67 • SAFETY KLEEN INSTALL PARTS CLEANER $151.94 SCHMELING OIL CO 10 GAL $53.25 SNAP ON TOOLS CORP FLIER SET $55.87 WIGEN CHEVROLET CO REPAIR $2,282.49 I. o 1604 lk • • • OPEN -HOLD COUNCIL REPORT TUE, APR 13, 1993 CITY HALL COAST. PELLINEN, WILLARD TOPOGRAPHIC SURVEY WOLD ARCHITECTS & ENGINEE PROF SERVICES GENERAL FUND 7TH RIB ALBINSON ALLEN OFFICE PROD ALLIED MECH.SYSTEMS AM RISK SERVICES AM.WELDING SUPPLIES AMERICAN AUTOMOTIVE MANUF AMERICAN RED CROSS AMERICAS RACQUET & FITNES APOLLO EQUIPMENT ARNOLD & MCDOWELL ATHLETIC TECHNOLOGIES BCA /TRAINING & DEVELOPMEN BENNETT OFFICE SUP. BETTE MAGYAR JOHNSON PHD BIG BEAR BLACK HILLS AMMUNITION BONSTAD, JOHN BRANDON TIRE CO BREMIX CONCRETE CO BRINKMAN STUDIO BROWN, JERRY BROWNELLS INC BRYAN ROCK PRODUCTS C.RIVER VET CLINIC CAMERA SHOP CLRNEYS CARQUEST AUTO PARTS CASH WISE CELLULAR 2000 CENTRAL GARAGE CHAMBER OF COMMERCE CITY BUSINESS CITY ENGINEERS ASSC OF MI CITY OF HUTCHINSON CLAREYS SAFETY EQUIP COAST TO COAST COMM TRANSPORTATION COMPTON, CAROLYN COMPUTER 1 COUNTRY KITCHEN COUNTY TREASURER CRAGUN'S CONF.CENTER CULLIGAN WATER COND DAAK REFRIGERATION DEPT NATURAL RESOURCES DOMINO'S PIZZA EARL ANDERSON ASSOC 9:50 AM Page Z DINNER FOR 24 OIAZO MYLAR CASTERS REPLACED BELT APRIL SERVICES OXYGEN MOTOR VEHICLE ID BOOKS 20 AQUATIC BOOKS RICK FAYE SEMINAR HYDRAULIC BREAKER. MARCH COMPENSATION LEAGUE SCH MICE REG- M.HAMMONO- JOHNSON SERVICE CONTRACT FEE SERVICES C CLAMPS AMMUNITION TREE APPL REFUND PATCH TIRE BLOCK, CEMENT, ETC SLIDES CONFERENCE SPEAKER WRENCHES,PUNCHES,PIVOT PI RED BALL AGG K -9 FOOD PRINTS FABRIC MEDIUM POLISH GROCERIES MARCH SERVICE MARCH REPAIRS POSTAGE RENEWAL MEMBERSHIP RENEWAL- J.RODE APRIL MEDICAL 12' FIBERGLASS PIKE POLE SHOWER CURTAIN, ETC HANGAR PAYMENT PROPS PURCHASED UPGRADE OF 386 PRISONER MEALS PROPERTY LISTING RESV- R.KIRCHOFF 2 BAGS SALT FREON TITLE REG FEES 4 PIZZAS PSG LETTERS $7.015.94+ $475.00 $18,437.50 $18,912.50• $288.00 $16.40 $26.41 $107.93 $800.00 $14.86 $16.00 $42:30 $200.00 $1,568.75 $3,233.00 $105.44 $60,00 $169.16 $285.00 $106.89 $528.50 $5.00 $9.S0 $580.59 $54.97 $180.00 $65.96 $1,411.93 $445.40 $47.05 $S.31 $19.50 $169.52 $179.72 $9,091.58 $446.49 $42.00 $40.00 $28,562.49 $74.78 $135.66 $700.00 $42.24 $521.85 $23.15 $6.30 $65.00 $38.70 $452.03 $566.00 $36.70 $38.35 pane 3 OPEN -HOLD COUNCIL REPORT TUE, APR 13, 1993, 9:50 AM --------------------------------------------------------------------- ELECTRO WATCHMAN ANNUAL CHARGE $166.14 EMERY, DORVIN GAS KEY REFUND $50.00 . ENFORCEMENT PRODUCTS CO ARMOREP.S SCHOOL- O.ERLANDS $75.00 ERICKSONS MORE 4 GROCERIES $64.11 ERLANDSON, DAVID PARKING FEE $28.38 FAMILY REXALL DRUG PHOTOS $128.93 FARM & HOME DIST, CO DUCT TAPE, SPRAY $312.60 FIECKE, JULIE 17.5 HRS AS STAFF $140.00 FITZLOFF HARDWARE ROUTER BIT $207:78 FLOOR CARE SUPPLY VALU -FOLD, CLEANER $1,132.68 FOGG JR., MICHAEL SCOREKEEPER $93.50 FORTIS BENEFITS APRIL LTD INS $1,125.66 FOSTER, HUGH TREE APPL REFUND $5.00 G & K SERVICES UNIFORMS $716.65 GAB BUS SERVICES SUMP PUMP CLAIM $1,575.92 GAME TIME SWING HANGER $133.34 GEMPLER'S INC EYESALINE $66.40 'GLASSON, ANN SOCCER REFUND $7.00 GLENCOE UNIFORMS NAME TAG, UNIFOFMS $461.04 GOV FINANCE OFFICERS ASSC REV COLL BOOK $22.00 GREAT PLAINS SUPPLY PLYWOOD $83.74 GRINA, LISA FILM, TAPES, NOTES $36.64 GUARDIAN PEST CTL PEST SERVICE MARCH $20.50 HAGER JEWELRY 2 BRASS PLATES $23.55 HCI CONNECTING POINT TRIPPLITE OMNI $1,914.87 HENSEN, MARK EXAM FEE $70.00 . HOME BAKERY INC HUCK, PAM COOKIES SKATING INSTRUCTOR $9.30 $482.SO HUTCH COMM HOSPITAL HEPATITIS B VACCINATIONS $1,626.10 HUTCH COOP CENNEX FUEL $2,658.97 HUTCH IRON & METAL FLAT IRON $43.57 HUTCH MEDICAL CENTER HAUSMAN $394.00 HUTCH PLBG & HTG CO INSTALL FANS $284.95 HUTCHINSON AMBASSADORS HUTCHINSON SIGNS $500.00 HUTCHINSON LEADER ICE SHOW ADS $1,357.84 HUTCHINSON TEL CO APRIL PHONE $3,761.55 HUTCHINSON UTILITIES ELEC $3,822.04 HUTCHINSON WHOLESALE OIL, BATTERY CHARGER $171.21 INOEP INFO SERVICES NEST EGG RENEWAL $80.00 INK SPOTS VEHICLE INS INFO $399.67 JACK'S UNIFORMS & EQUIPME MAG POUCH $74.35 JAYCO AVIATION 1500 GAL FUEL $12,768.21 JERABEK MACHINE SERV WELD CHAIR $53.58 JOES SPORT SHOP SWEAT SHIRTS $112.00 JOHN E. REID & ASSC REG- D.WAAGE $495.00 JOHNSON, DOUGLAS GLOVE CASE $10.00 K MART HANGERS $154.45 KABLE'S BATTERIES $156.35 KENNEBECK, ROBERT MARCH COMPENSATION $1,010.82 KOKESH ATHLETIC POOF TOYS $38.23 L & P SUPPLY CO AIR CLEANER $2,374.69 LAW ENFORCE EQUIP NAME BARS $62.18 • LETN APRIL SERVICE $288.00 LINDER BUS COMFANY BUS TO NEW ULM $100.00 M.C.M.T. INC MONTHLY FEE $21.85 MADSON, STEVEN SEMINAR EXPENSES $56.46 pane 3 OPEN -HOLD COUNCIL REPORT TUE., APR 13, 1993, 9:50 AM page 4 RADIO MICE ICTAPHONE CONTRACT 24 TICKETS FOR TOUR COFFEE ELECTRICITY REG- O.MEIER LINEAR FOOT CHARGE REG- R.K,IRCHOFF REG- D.MEIER BOOKLETS SURVEY RESULTS BLUELINE PAPER ELEVATOR SERVICE APRIL LIFE INS MEETING EXPENSES GLOVE POUCH STEEL RAKE WORD PERFECT NOON BUFFET 4 -29 -93 REPAIR ICE SHOW ANNOUNCER ELEV & KDUZ TOWER QUIK STRIPE PAINT 2ND QTR PAYMENT PAINT 24 ADMISSIONS SERVICE CALL MARCH POSTAGE T SHIRTS MOTORS SKATING INSTRUCTOR PADS, TAPE, ETC. TREE APPL REFUND KEROSENE VOLLEYBALL REFUND BATTERY EMBLEMS & BUTTONS SR. TOUR REFUND MOPS CHALK & BOARD BUCKET SEATS S.R.T.EQUIPMENT CONFERENCE SPEAKER HOSE REPAIR POUR POT CONFERENCE SPEAKER RING BINDERS 3 MOS CABLE SERVICE AGENCY SERVICES BOOK 1ST QTR BLDG SURCHARGE EVID TAPE LODGING FOR SKATERS TREE APPL REFUND EXERCISE MAT SALT 37 BAGS $'3,577.32 $1,071.00 $127.50 $164.70 $1,264.22 $30.00 $15.20 $50.00 $90.00 $292.88 $10.00 $104.72 $61.00 $499.17 $29.30 $10.00 $54.63 $550.16 $120.34 $45.13 $150.00 $50.00 $445.00 $14,749.50 $71.12 $36.00 $133.00 $734.17 $1,503.09 $25.56 $550.00 $354.64 $5.00 $58.75 $120.00 $325.60 $3.50 $10.00 $9.S9 $48.79 $560.00 $40.82 $220.00 $57.78 $219.90 $180.00 $2,309.47 $12.24 $16.00 $793.52 $139.80 $154.82 $5.00 $671.42 $138.24 $1,739.64 ------------------------- MANKATO MOBILE RADIO MARCO BUS.PRODUCTS • MAYOWOOD MCGARVEY COFFEE INC MCLEOD COOP POWER. MCPA MINNESOTA BLUEPRINT MN ASSC FOR CRIME 'VICTIMS MN AVIATION SYMPOSIUM MN EXTENSION SERVICE MN REG & PARK ASSC MN. MICROGRAPHICS MN.ELEVATOR INC MN.MUTUAL LIFE MOON, DOLF MUELLER, DAVE NO STATES SUPPLY INC OFFICE PRODUCTS OLD COUNTRY BUFFET OLSONS LOCKSMITH PAULSON, ADAIR PELLINEN, WILLARD PIONEER PIONEEP.LAND LIBRARY SYSTE PLAZA HARDWARE PLUMMER HOUSE POPP ELECTRICAL INC • POSTAGE BY PHONE PRINTS CHARMING QUADE ELECTRIC QUAST, KOREEN QUILL CORP SCHAEFER, DAVID SCHMELING OIL CO SCHONES, THOMAS SCHRAMM IMPLEMENT SCHUETTE, SCOTT SCHUFT, ESTHER SEVEN WEST WASH & DRY" SHOPKO SHOUTZ, MARK SICKMANN, STEVEN SIEMS, CHRISTIAN SORENSEN FARM SUPPLY SPEC MATERIALS INC SPENCE, JOAN STANDARD PRINTING STAR CABLEVISION STATE OF MINNESOTA STATE TREASURER STREICHERS • SUPER 8 MOTEL SWANSON, EVAN TIFFIN ATHLETIC MATS INC TRI CO WATER COND TURF SUPPLY COMPANY RADIO MICE ICTAPHONE CONTRACT 24 TICKETS FOR TOUR COFFEE ELECTRICITY REG- O.MEIER LINEAR FOOT CHARGE REG- R.K,IRCHOFF REG- D.MEIER BOOKLETS SURVEY RESULTS BLUELINE PAPER ELEVATOR SERVICE APRIL LIFE INS MEETING EXPENSES GLOVE POUCH STEEL RAKE WORD PERFECT NOON BUFFET 4 -29 -93 REPAIR ICE SHOW ANNOUNCER ELEV & KDUZ TOWER QUIK STRIPE PAINT 2ND QTR PAYMENT PAINT 24 ADMISSIONS SERVICE CALL MARCH POSTAGE T SHIRTS MOTORS SKATING INSTRUCTOR PADS, TAPE, ETC. TREE APPL REFUND KEROSENE VOLLEYBALL REFUND BATTERY EMBLEMS & BUTTONS SR. TOUR REFUND MOPS CHALK & BOARD BUCKET SEATS S.R.T.EQUIPMENT CONFERENCE SPEAKER HOSE REPAIR POUR POT CONFERENCE SPEAKER RING BINDERS 3 MOS CABLE SERVICE AGENCY SERVICES BOOK 1ST QTR BLDG SURCHARGE EVID TAPE LODGING FOR SKATERS TREE APPL REFUND EXERCISE MAT SALT 37 BAGS $'3,577.32 $1,071.00 $127.50 $164.70 $1,264.22 $30.00 $15.20 $50.00 $90.00 $292.88 $10.00 $104.72 $61.00 $499.17 $29.30 $10.00 $54.63 $550.16 $120.34 $45.13 $150.00 $50.00 $445.00 $14,749.50 $71.12 $36.00 $133.00 $734.17 $1,503.09 $25.56 $550.00 $354.64 $5.00 $58.75 $120.00 $325.60 $3.50 $10.00 $9.S9 $48.79 $560.00 $40.82 $220.00 $57.78 $219.90 $180.00 $2,309.47 $12.24 $16.00 $793.52 $139.80 $154.82 $5.00 $671.42 $138.24 $1,739.64 page 5 OPEN -HOLD COUNCIL REPORT TUE, APR 13, 1993, 9:50 AM -----------`--------------------------------------------------------- TWO WAY COMM INC CHARGER, BATTERY $63.90 UNIFORMS UNLIMITED OUTERWEAR $726.65 . UNITED BLDG CENTERS LUMBER $1,017.19 UNITED LABORATORIES GLASS CLEANER $208.09 URBAN COMMUNICATIONS RENTAL FOR ICE SHOW $997.50 US CAVALRY SHIRT, TROUSER $100.90 US WEST COMMUN APRIL SERVICE $325.70 VICTORIAN INN GUEST ROOM 3 -19 & 3 -20 $277.09 VIKING SIGNS ARENA SIGN $170.40 WAL -MART SPEAKER WIRE $219.69 WILLEKE, DONALD CONFERENCE SPEAKER $220.00 WILLIAMS STEEL & HARDWARE SQUARE TUBES $223.67 XEROX CORP 5052 CONTRACT PAYMENT $329.80 ZIMMERMAN, MRS. ELVERA TREE APPL REFUND $5.00 $133,352.52* LIBRARY FUND DS 'AM.NATIONAL BANK BOND PRINCIPAL $66,243.75 $66,243.75* REC /POOL DS AM.NATIONAL BANK AGENT FEES $31S.80 $315.80* RURAL F. D. BROOD, JIM RURAL MILEAGE $12.50 EMANS, BRAD RURAL MILEAGE $7.50 . HOMAN, ED RURAL MILEAGE $9.75 HUTCH COOP CENNEX FUEL $52.96 HUTCHINSON WHOLESALE RETURN FILTER - $13.23 PRECHT, BRUCE RURAL MILEAGE $7.50 REDMAN, RANDY RURAL MILEAGE $15.75 REYNOLDS, JOHN RURAL MILEAGE $15.00 SCHRAMM, STEVE RURAL MILEAGE $5.25 $112.98* WATER /SEWER FUND AAGARD WEST MARCH REFUSE PICKUP $21,400.54 ASHBROOK- SIMON- HARTLEY I)ALVE, GAUGE $1,350.45 BARCLAY RECYCLING 12S SOILSAVER COMPOST BIN $5,928.79 BERGER PLBG & HTG INSTALLATION AT ARENA $296.51 CASH WISE VINEGAR $6.06 CENTRAL GARAGE MARCH REPAIRS $406.54 CITY OF HUTCHINSON APRIL MEDICAL $3,402.53 COAST TO COAST SUPPLIES $593.71 D.P.C.IND.INC CHLORINE $268.95 DANO ENTERPRISES ECOLOBAGS $4SS.00 DATASTREAM SYSTEMS SUPPORT RENEWAL $500.00 ELECTRIC MOTOR CO INSTALL BEARINGS, REPAIR $130.46 ERICKSONS MORE 4 GROCERIES $12.40 FAMILY REXALL DRUG BATTERIES, BINDERS $2213.31 FARM & HOME DIST. CO FLASHLIGHT, SHEET METAL $10.34 • FEED RITE CONTROLS S -MAIN CONNECTION $25.13 FIRST TRUST BOND PRINCIPAL $207,970.38 FITZLOFF HARDWARE PAINT, ETC $54.78 FLOOR CARE SUPPLY SOLV KWIV $124.92 page 5 • • EPi - ! uLD COu _7 E; .tR- FOR.Ti�Z EE`lEFITS S & K SERJIC.ES GOPHER STATE INC GREENERIAR FLORAL HACH COMPANY HARMONIOUS TECHNOLOGIES HARRIS MECHANICAL HAYWARD IND PROD CO HCI CONNECTING POINT HUTCH COOP CENNEX HUTCHINSON TEL CO HUTCHINSON UTILITIES HUTCHINSON WHOLESALE JOHN CRANE INC JOHNSON MACHINING JUUL CONTRACTING CO MCNELLY GROUP `METTLER INSTRUMEiNT CORP. MN VALLEY TESTING LAB MN.MUTUAL LIFE NCL NORTHERN WATER WORKS SUPP POSTAGE BY PHONE QUADE ELECTRIC SANIFILL INC SCHMID, ROGER SERCO LABORATORIES SHAMROCK INDUSTRIES SIMONSON LUMBER CO STANDARD PRINTING TRAFFIC PARTS TRANSPORT CLEARINGS TRI CO WATER CONO YOUTH CENTER BURGESS, RIDGE CITY OF HUTCHINSON FORTIS BENEFITS HUTCHINSON TEL CO KIRCHOFF, BRIAN MN.M!JTUAL LIFE PIKAL MUSIC STORE POSTAGE BY PHONE SCHRAMM,CHRIS STAR CABLEVISION TEPLY, TODD VERSA -VEND VENDING INC i;E, nPF , 1S_ , '�:._� L} N ,FRIL LTC Ih17. IF0RIll :'LARCH SERVICE .ISH GARDEN -MEEOE OFD COMPOUND, CHLORINE IN COMPOSTING BOOKS MARCH PPEV NTGE FREIGHT DISKS FUEL APRIL PHONE SEPU "GAS & ELEC BATTERY PEPAIR. EUILD TRAP _EWER WORK 216 STH AVE SW CONSULTTNG SER''' FOR COMPC SERVICE CONTRACT TESTING APRIL LIFE INS BUFFER SOLUTION GASKETS MARCH POSTAGE WIRE TRASH LOADS 3 -1 TO 3 -5 OVERPAYMENT OF WATER BILL TESTING 25 EARTH MACHINES PLYWOOD BINDERS TIME DELAY RELAY FREIGHT SALT DS YOUTH CENTER APRIL MEDICAL APRIL LTD INS PHONE SERVICE DJ YOUTH CENTER APRIL LIFE INS RENTAL SOUND SYSTEM MARCH POSTAGE DJ YOUTH CENTER BASIC SERVICE DJ YOUTH CENTER DANCE SOFT DRINKS x131. Ll £L6 =.09 $40.00 $15.00 $55.77 3629.10 $1,025.00 $77.24 $97.96 3558' .26 $425.11 $15,366.31 $56.10 3369,70 $80.00 $2,005.15 3270.00 $216.00 $307.50 $57.75 $90.16 312,25 $127.84 $440.04 $6,217.51 $50.00 $75.00 $3,628.59 $40.36 $13.75 $67.74 $131.79 $18.74 $275,926.39* $12.75 $188.95 $12.90 328.99 $27.00 $5.88 $63.90 $2,32 $29.75 $23.45 5200.00 $61.24 $657.13* $783.314.65* i IMMEOiATE PAY COU!'JCIL REP'-,FT TUE. AFR. !3_ '993. 9:47 AM ----------------------------------------------------------------------- 1992 TICB ERICKSON'S DIVERSIFIED CO SOILS CORRECTION /DEED TAX GENERAL FUND AARP DAYS INN SOUTH DEPT NATURAL RESOURCES GOUT TRAINING SER PRYOR RESOURCES INC U S POSTMASTER PAYROLL FUND AETNA VARIABLE LIFE ASS ,,G.T. GROWTH GLOBAL FUNDS INC GREAT WEST LIFE INS. CO H.R.L.A.P.R. ICMA RETIREMENT TRUST MN DEPT OF REVENUE PERA LIFE INS CO. PERA - D.C.P. PRUDENTIAL PUBLIC EMPLOYEES TEMPLETON INC WADELL 3 REED WITHHOLDING TAX ACCT WATER /SEWER FUND SIOCYCLE GOVT TRAINING SER U S POSTMASTER 32 PEOPLE IN SS ALIVE 12 ROOMS APRIL 28 TITLE REG FEES REG- H.SITZ REG- L.GRINA APRIL SR.NEWSLETTER EMPLOYEE CONTRIB 3 -27 EMPLOYEE CONTRIB 3 -27 EMPLOYEE CONTRIB 3 -27 EMPLOYEE CONTRIB 3 -27 EMPLOYEE CONTRIS 3 -27 EMPLOYEE CONTRIB 3 -27 EMPLOYEE CONTRIB 3 -27 EMPLOYEE CONTRIB 3 -27 EMPLOYEE CONTRIB 3 -27 EMPLOYEE CONTRIB 3 -27 EMPLOYEE CONTRIB 3 -27 EMPLOYEE CONTRIB 3 -27 EMPLOYEE CONTRIB 3 -27 EMPLOYEE CONTRIB 3 -27 REG- G.PLOTZ REG- R.OEVRIES WATER BILL POSTAGE $14,347.41 314,347.4.1= $256.00 $488.40 $706.00 $60.00 $99.00 $217,0© $1,826.40* $490.00 $175.00 $318.46 $110.00 $121.68 31,359.00 $4,874.18 $117.00 $57.42 $140.00 $11,108.87 $95.00 $150.00 $24,934.46 $44,051.07* $345.00 $30.00 $150.00 3S2S.00* $60.749.88* Page i LIQUOR FUND- - - - - -- HANDWRITTEN CHECKS Griggs Cooper wine & liquor 4,218.41 Johnson Bros wine & liquor 2,989.70 Ed Phillips wine & liquor 12,186.48 Quality Wines wine & liquor 4,231.77 City of Hutch Logis, ins 519.79 City of Hutch WTSR 29.60 Hutch Leader adv 328.03 Olsons Locksmith keys 159.84 Lori Lundholm windows 26.63 Sprengler freight 508.69 Jordan Bev beer 639.10 Friendly Bev beer 335.70 Locher Bros beer 14,689.40 Triple G beer 29,107.95 Lenneman Bev beer 8,715.65 Triple G cola 8.00 Electrowatchman quarterly charge 118.22 Hutch Fire & Safety inspections 15.00 Olsons Locksmith door closer 96.11 MN State Lottery moving fee 100.00 City of Hutch lottery sales 250.00 Minnick painting 2,618.75 •Gene City of Hutch payroll 3 -5 3,152.20 City of Hutch lottery sales 1,014.00 Bernicks Pepsi pop 102.72 Abate of MN State Rally adv 15.00 MN Dept of Revenue Feb sales tax 7,907.85 Sprengler freight 337.54 Hutch Utilities elec & gas 503.90 Goebel Fixture counter & shelf 6,182.00 City of Hutch payroll 3 -19 5,641.49 Gary Plotz mileage, signs 322.75 City of Hutch payroll 4 -2 4,747.66 TOTAL $111,819.93 0 C n(Ja 11 7, 1 z M E M O R A N D U M �R.ypUN/ NFp�,j TO MAYOR AND CITY COUNCIL FROM HAZEL SITZ, PERSONNEL COORDINATOR RE EMPLOYMENT OF PART TIME FIRE MARSHAL - MICHAEL PALM The interview committee (fire department officers and personnel coordinator) for the part time fire marshal has completed interviewing the six top candidates and checking references and work histories. The top two candidates were called back for a second extensive meeting with the fire department officers before a decision was made. • MICHAEL PALM of Mound, MN, was selected as the outstanding candidate and has accepted the position effective April 12, 1993. His work schedule has been negotiated to be two days one week and three days the second week for an average of 20 hours per week. Since 1979, Mr. Palm has been a firefighter, pump operator and assistant fire marshal in Mound. He has participated in ongoing training in fire inspection, fire code enforcement (basic and advanced), fire /arson investigation, fire safety education, computers in the fire service, building codes, and other related training. He is an emergency medical technician. Mr. Palm is employed in construction and was the owner of his own construction company for several years. copy: Brad Emans, Fire Chief 0 City Hall 37 Washington Avenue West (612) 587 -5151 Parks &Recreation 900 Harrington Street (611) 587 -2975 Hutchinson, Minnesota 55350 -Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 • 3/12/93 C,k� HUTCHINSON UT *I ES COMMISSION BALANCE SHEET .JANUARY 31, 1993 ASSETS UTILITY PLANT AT COST LAND & LAND RIGHTS DEPRFCIABLE UTILITY FL.ANT TOTAL UTILITY PLANT LESS ACCUMULATED DEPRECIATION TOTAL ACCUMULATED DEPRECIATION CONSTRUCTION IN PROGRESS TOTAL CONSTRUCTION IN PROGRESS _TOTAL UTILITY PLANT DEPREC VALUE RESTRICTED FUNDS d ACCOUNTS FUTURE EXPANSION & DEVELOPMENT INVESTMENT — GAS RESERVES MEDICAL INSURANCE BOND 6 INTEREST PAYMENT 1986 1986 BOND RESERVE CATASTROPHIC FAILURE FUND TOTAL RESTRICTED FUNDS A ACCOUNTS CURRENT 6 ACCRUED ASSETS CASH IN BANK INVESTMENTS 6 SAVINGS ACCOUNTS ACCOUNTS RECEIVABLE INVENTORIES PREPAID INSURANCE ACCRUED INTEREST RECEIVABLE TREASURY BILL DISCOUNT FERC FILING DEPOSITS TOTAL CURRENT d ACCRUED ASSETS DEFERRED CHARGE POND DISCOUNT 1986 CLEARING ACCOUNT TOTAL DEFERRED CHARGE TOTAL ASSETS PAGE 1 • w w w w TOTAL w w w w 790,112.25 ' 27,349,239.74 28,139,351.99 - _- [14,770,533.99) (14,770,533.99) , 3,709,573.83 3,7US,573.83 -r 17,078,391.83 r 4,953,000.00 1,153,836.31 100,000.00 165,193.30 392,000.00 750,000.00 7,514,029.61 3,021,928.70 84,347.19 2,01S,12i.12 481,538.76 80, 742.74 81,50i.96 _ 26,418.93 _.. _. .....__. 30,000.00 5,824,599.40 35,985.89 139.92 30,453,146.65 3/12'93 HUTCHINSON UTILITIES COMMISSION PAGE 2 DA SHEET . JAN1.1 31, 1993 _.____ -.. .__- ____..• w r it TOTAL • r N N_. __ MUNICIPAL. EQUITY d LIABILITIES MUNICIPAL EQUITY -- MUNICIPAL EQUITY 27,138,781.38 UNAPPROPRIATED RETAINED EARNINGS 229,672.13 _ CONTFIBUTION TO CITY _ _ (100,000.00) TOTAL MUNICIPAL EQUITY 27,268,453.51 LONG TERM LIABILITIES -NET OF CURRENT MATURITIES '... 1986 BONDS il.167-0, 000. 00 r TOTAL LONG TERM LIABILITIES 1,670,000.00 CONSTR CONTRACTS 6 ACCTS PAY RETAIN TOTAL CONSTRUCTION d ACCTS PAY .00 / CURRENT & ACCRUED LIADILITIES ACCOUNTS PAYABLE - - -- -- - - -- 1,257.625.23 INTEREST ACCRUED 16,069.85 ACCRUED PAYROLL _ 33,378.82 ACCRUED VACATION PAYABLE 131,259.38 ACCRUED MEDICAL FUND (15,043.75) CUSTOMER DEPOSITS 57,570.00 -- OTHER CURRENT 6ACCRUED LIABILITIES 33,833.61 1 TOTAL CURRENT d ACCRUED LIAB 1,514,693.14' TOTAL MUNICIPAL EQUITY d LIAB 30,453,146.65 i l i L I l L I 3/12/93 HUTCHINSON UTI-[ES COMMISSION PAGE 1 • HUTCHINSLIWINNESOTA STATEMENT OF INCOME 6 EXPENSES JANUARY 31, 1993 PREVIOUS CURRENT BUDGETED - BUDGET ANNUAL YEAR TO DATE ____ ______ ____ YEAR TO DATE -------------- YEAR TO DATE _- ___________ DEVIATION ______________ BUDGET -! __________� INCOME STATEMENT OPERATING REVENUE __ _.... SALES - ELECTRIC ENERGY 760,588.89 828,143.02 - 765,520.00 -- 62,623.02 - 9,709,000.00 SALES FOR RESALE .00 .00 .00 .00 2,000.00 NET INCOME FROM OTHER SOURCES 5,718.45 6,570.40 3,281.00 3,297.40 39,000.00 SECURITY LIGHTS 1,066.00 1,036.50 1,120.00 (03.50) 14,000.00 POLE RENTAL .00 .00 .00 .00 4,000.00 SALES - GAS - _ 506,039.27 792,SB3.75 487,800.00 304,383.75 4,650,000.00 TOTAL OPERATING REVENUE 1,273,412.61 1,627.941.67 1,257,721.00 _ 370,220.67 _ 14,418,000.00 OPERATING EXPENSES PRODUCTION OPERATION 47,207.54 56,197.83 56,917.50 - - 719.67 787,156.00 - PRODUCTION MAINTENANCE 60,076.44 16,995.04 18,364.00 1,368.96 391,600.00 PURCHASED POWER - 401,823 -44 436,898.40 419,040.00 (17,858.40) 4,866,000.00 - - TRANSMISSION OPERATION- -- .00 -- - UO - - - -- - - -. 00 - -- - - .00 - 3,400.00 TRANSMISSION MAINTENANCE .00 1,275.39 2,500.00 1,221.61 28,500.00 _. _- ELECTRIC DISTRIBUTION OPERATION ___ - _. 13,096.40 _ 14,875.71 .. . 15,921.60 1,045.89 174,420.00 C ELECTRIC! DISTRIBUTION MAINTENANCE :!4,881.89 12,850.29 15,880.00 _._ 3,029.71 _ 109,00000 _ MFG GAS PRODUCTION OPERATION 410.88 245.37 150.00 (95.37) 2,500..00 MFG GAS PRODUCTION MAINTENANCE .00 778.28 .00 (778.28) 500.00_ PURCHASED GAS EXPENSE 305,'385.89 661,'725.17 367,000.OU Q04, 728. 17) 4,170,000.00 - GAS DISTRIBUTION OPERATION 14,866.66 22,114.22 22,008.00 (106.22) 190,980.00 _ GAS DISTRIBUTION MAINTENANCE - 4,392.75 51719.08 _ 3,583.00 (2,136.08) 29,500.00 CUSTOMER EXPENSES 12,149.83 16,458.42 12,030.00 (4,428.42) _ _ 116,500.00 CUSTOMER SERVICES 1,789.79 2,012.45 1,845.00 (167.45) 20,500.00 ADMINISTRATIVE &_ GENERAL EXPENSES_ 109,162.94 116,972.76 7,054.24 1,099,050.00 DEPRECIATION _ 62,000.00 65,667.00 62,000.00 _ _ (3,667.00) __ 788,000.00 - TOTAL OPERATING EXPENSES 1,138,844.45 1,430,691.41 1,121,166.10 (309,525.31) 12,777,600.00 OPERATING INCOME 134,565.16 197, 250.26 136,584.90 60,695.36 1,640,400.00 OTHER INCOME OTHER - NET 4,552.46 1,302.51 2,720.00 (1,417.49) 55,000.00 INTEREST INCOME 53,385.76 39,115.90 43,300.00 (4,184.10) 541,250.00 MISC INCOME .00 148.62 _ .00 148.62 50,500.00_. _ MISC INCOME - GAS .00 .00 .OU _ .UO 569,675.00 - TOTAL OTHER INCOME 57,938.22 40,567.03 46,020.00 (5,452.97) 1,216,425.00 OTHER EXPENSES MISC EXPENSES 1,434.93 645.16 450.00 (195.16) 30,000.00 - INTEREST EXPENSE _ _ _ 8,897.00 7,500.00 _ _ 7,143.00 _ - (357.00) 91,037.50_. TOTAL OTHER EXPENSES 10,331.93 8,145.16 7,593.00 (552.16) 121,037.50 NON - OPERATING INCOME 47,606.29 32,421.87 38,427.00 (6,005.13) 1,095,387.50 NET INCOME 182,174.45 229,672.13 174,981.90 54,690.23 2,735,787.50 3/23/93 • INCOME STATEMENT OPERATING REVENUE SALES - ELECTRIC ENERGY SALES FOR RESALE NET INCOME FROM OTHER SOURCES SECURITY LIGHTS POLE RENTAL SALES - GAS TOTAL OPERATING REVENUE - . OPERATING EXPENSES _ PRODUCTION OPERATION PRODUCTION MAINTENANCE _ PURCHASED POWER _ TRANSMISSION OPERATION .. TRANSMISSION MAINTENANCE ELECTRIC_ DISTRIBUTION OPERATION ELECTRIC DISTRIBUTION MAINTENANCE MFG GAS PRODUCTION OPERATION MFG GAS PRODUCTION MAINTENANCE_ PURCHASED GAS EXPENSE GAS,DISTRIBUTION OPERATION GAS DISTRIBUTION MAINTENANCE CUSTOMER EXPENSES CUSTOMER SERVICES ADMINISTRATIVE 6 GENERAL EXPENSES DEFRECIATIOM TOTAL OPERATING EXPENSES OPERATING INCOME OTHER INCOME _ OTHER - NET INTEREST INCOME MISC INCOME MISC INCOME - GAS TOTAL. OTHER INCOME OTHER EXPENSES MISC EXPENSES INTEREST EXPENSE TOTAL OTHER EXPENSES NON- OPERATING INCOME NET INCOME HUTCHINSON UTILITIES COMMISSION 109,769.00 PAGE 1 787,150.00 HUTCHINIM MINNESOTA 107,424.00 6,375.92 391,600.00 STATEMENT OFME 6 EXPENSES (6,678.01) 4,866,000.00 • FEBRIJAR 8, 1993 3,400.00 3,828.80 4,000.00 PREVIOUS CURRENT BUDGETED BUDGET ANNUAL YEAR TO DATE YEAR TO DATE YEAR TO DATE DEVIATION BUDGET 1,553,267.78 1,632,502.93 1,602,240.00 30,262.93 9,709,000.00 60.00 30.00 220.00 (190.00) 2,000.00 10,738.16 _ 13,622.87 _ _.... 51833.00 .7,789.87 _ 39,000.00 2,132.00 2,073.00 2,380.00 (307.00) 14,000.00 .00 .00 .00 .00 4,000.00 882,273.22 1,430,197.98 857,000.00 573,197.98 - 4,650,000.00 2,448,471.16 3,078,426.78 2,467,673.00 610,753.78 !4,4!8,000.00 86,450.89 133,488.46 811,884.57 45.05 5,195.51 26,043.98 34,252.14 531.71 28.66 653.660.10 30,100.75 7,803.27 23,289.04 3,428.20 197,007.25 124,000.00 2,137,209.58 311,261.58 111,6!2.75 109,769.00 (1,843.75) 787,150.00 10!,048.08 107,424.00 6,375.92 391,600.00 844,758.01 8381080.00 (6,678.01) 4,866,000.00 .00 .00 .00 3,400.00 3,828.80 4,000.00 171.20 28,500.00 30,083.97 28.461.20 (1,622.77) _ 174,420.00 25,653.94 27,330.00 1,676.06 109,000.00 397.71 330.00 (67.71) 2,500.00 1,143.08 56.00 _ ____. (1,087.08) 500.00 .. _ _. _ 1,!53,495.55 623,900.00 -_ _.._. (529,595.15) ) _ 4,170,000.00 38,275.20 33,762.00 (4,513.20) 190,980.U0 10,943.65 6,003.00 (4,940.65) _ 29!500.00 25,239.94 16,340.00 (8,899.94) 116,500.00 4,359.75 3,485.00 (874.75) 20,500.00 211,786.87 _ (11,721.87)_ 1,099,050.00 _ 131,334.00 125,040.00 (6,294.00) 788,000.00 2,693,960.90 2,124,045.20 (569,915.70) 12,777,600.00 384,465.88 343,627.80 40,838.08 1,640,400.00 5,228.12 2,706.71 3,560.00 103,063.59 77,1553.64 43,300.00 47.87 _ 12,386.42 - 505.00 .00 48, 468.44. .00 108,339.58 140,715.21 47,365.00 10,113.71 17,794.00 27,907.71 80,431.97 391,693.45 3,487.94 3,660.00 15,000.00 14,286.00 18,467.94 17,946.00 122,227.27 506,693.15 (853.29) 33,853.64 11,881.42 48,468.44 93,350.21 172.06 (714.00) (541.94) 55,000.00 541,250.00 50,500.00 569,675.00 1,216,425.00 30,000.00 91,037.50 121,037.50 29,419.00 92,608.27 _ 1,095,387.50 373,046.80 133,646.35 2,735,787.50 • 3/23/93 HUTCHINSON UT0IES COMMISSION BALANCE SHEET FEBRUARY 28, 1993 ASSETS - UTILITY PLANT - AT COST LAND d LAND RIGHTS _.. DEPRECIABLE UTILITY PLANT TOTAL UTILITY PLANT LESS ACCUMULATED DEPRECIATION -- - TOTAL ACCUMULATED DEPRECIATION CONSTRUCTION IN PROGRESS TOTAL CONSTRUCTION IN PROGRESS TOTAL UTILITY PLANT DEPREC VALUE RESTRICTED FUNDS h ACCOUNTS FUTURE EXPANSION 6 DEVELOPMENT INVESTMENT - GAS RESERVES. MEDICAL INSURANCE BOND 6 INTEREST PAYMENT 1986 1986 BOND RESERVE CATASTROPHIC FAILURE FUND TOTAL RESTRICTED FUNDS 6 ACCOUNTS CURRENT 6 ACCRUED ASSETS CASH IN BANK INVESTMENTS 8 SAVINGS ACCOUNTS ACCOUNTS RECEIVABLE INVENTORIES PREPAID INSURANCE ACCRUED INTEREST RECEIVABLE TREASURY BILL DISCOUNT FERC FILING DEPOSITS TOTAL CURRENT & ACCRUED ASSETS DEFERRED CHARGE BOND DISCOUNT 1986 CLEARING ACCOUNT TOTAL DEFERRED CHARGE TOTAL ASSETS PAGE 1 • • w w w TOTAL w M r w f 790,112.25 , 27,349,239.74 28,139,351.99 - - -- - r - -_ -. (14,836,200.99) (14,836,200.99) .. .. - .._ ... 4,073,533.58 - 4,073,533.58 -- -- f 17,376,684.58 f 4,953,000.00 ' 1,153,836.31 - 100,000.00 - 219,336.94 392,000.00 750,000.00 7,568,173.25 r 1,983,373.82 84,347.19 - -- 2,736,335.00 _... 498,884.78 60,021.41 _ 111,501.96 26,418.93 30,000.00 5,530,883.09 35,985.89 147.31 36,133.20 l - - _ - - 30,511,874.12- 1 C ( l l 3/23/93 HUTCHINSON UTILITIES COMMISSION PAGE 2 BA SHEET FEBRLIA�B, 1993 w w w w TOTAL w w w w MUNICIPAL EQUITY 6 LIABILITIES MUNICIPAL EQUITY MUNICIPAL EQUITY 27,138,781.38 UNAPPROPRIATED RETAINED EARNINGS 506,693.15 CONTRIBUTION TO CITY (100,000.00) TOTAL MUNICIPAL EQUITY 27,545,474.53 LONG TERM LIABILITIES -NET OF —..__ . CURRENT MATURITIES 1986 BONDS 1. 670, 0_ _ TOTAL LONG TERM - LIABILITIES - _ _0_0.00 _ 1,670, 000.00 CONSTR CONTRACTS A ACCTS PAY RETAIN TOTAL CONSTRUCTION S ACCTS PAY .00 CURRENT d ACCRUED LIABILITIES LIABILITIES -- - - - - -- ---- --- ACCOUNTB PAYABLE- ACCOUNTS -- - _ ----- _ -- - -- 1,036,749.67 ' INTEREST ACCRUED 23,346.85 i ACCRUED PAYROLL 30,348.29 _ ACCRUED VACATION PAYABLE _ 131,259.38 ACCRUED MEDICAL FUND (16,066.67) CUSTOMER DEPOSITS _ 61,525.00 _ OTHER CURRENT 6 ACCRUED LIABILITIES _ 29, 235.07 TOTAL CURRENT 6 ACCRUED LIAB 1,296,399.59 TOTAL MUNICIPAL EQUITY 6 LIAB 30,311,874.12 C ( L PIONEERLAND LIBRARY SYSTEM BOARD MEETING Municipal Utilties Bldg. Willmar March 18, 1993 •Meeting was called to order by Chair Nancy Asap at 8:10 P.m. Roll was taken with 18 members and 1 guest- =Pesent. Introduction of new board member present - Linda Johnson representing Glencoe. Since there was not a quorum (22) present, the following reports were heard. Finance Committee Report a. Director John Houlihan Compared the Dec. 31, 1991 Balance sheet with the Dec. 31, 1992 batm sheet and explained the fund balances. We have moved from a deficit liability to a asset fund. b. Motion to approve the Rnancial report was delayed until May meeting. c. Audit was presented. d. PLS Foundation - Mr. Houlihan reported that according to Grant and Endowment leaders that N 1. In a very short time more monies will be available. N 2. funding policies for the future should be formed now. M 3. a committee should be formed for both Grant and Endowment Programs Committee and project reports: a. Automation Committee - Chairman Kreie presented a proposal to the hoard. The committeewcognizes a need to familiar¢e patrons with the ease and efficiency that can be provided by an aunomatatilbrary system. We also feel the need to educate the users and market the process to them. They pilaf to secure a demo model of the CD ROM Laser Guide and make it available for demonstrations to patrormgoveming bodies, librarians, and any others interested. It would be scheduled to travel throughout Piornrarland Library System. As Part of those goals of user education and marketing, the committee toque" permission to secure the following equipment: PC computer and a CD ROM Drive. Laser Gukkwouid be willing to lend us the CD demo disk. A request was made to finance this from the existing aubonation funds. A Motion to that effect will be presented at the next meeting. One of the reasons fa recommending this particular type of automation is that the CD ROMs are at atnosttop capacity and the extreme cost of fully automating the libraries at this time. Also presented to the board was a - minimum computer requirement for use with the CD ROM System. . b. Bookmobile Study - Chair Curtis Johnson told of a committee tour of both interior and exterior alpresent vehicle. The purpose of the committees to 'evaluate current service and make recommendakrs, develop strategy, timetable and budget for implementing recommendations.' The board reviewed a users survey draft that will be distributed in the bookmobile and in libraries. Will return to board with survey results and recommendations. c. Policy Review Committee - 1. Presented the fax policy approved at the January meeting. 2. Presented the Proposed Meeting Room Policy 3. Presented the Proposed Agreement revision. Finance committee recommended adding a statement re: borrowing monies policy. Finance committee will work on the warding for that. No Old Business: New Business: 1. Report by Assstant Director Mattson - Statistical report. b. Berson new library dedication June 27 c. Renville has had ground breaking. d. Dawson Library Ethnic Program has started. e. State Bookmobile workshop will be held in WAnar on May 3. f. Mrs. Matson had the annual statistical report ready for the State. Each report is 5 pages log for each library. She invited anyone interested to check out their particular library. g. Legislative Day report. Also Several County Commissioners reported that after spending several days at the legislature, they were convinced that under the recommendation of Gov. Carson, there will be NQ increase or charge in revenue received. Also Kathy Matson spoke about a self levy and also Dud the legislators spoke of Co- Location of lbrary services. 2 Report of Director: Proposal for PLS's State & Federal Programs. $64000 question is the difference between the State and federal income of $406,108 while the state and federal expenses are $470,00. Goals for 1993 include a seven key plan to irprove service and fiscal heath of PLS. 1. Staffing 2. Services 3. Collection development 4. Adult and children programming S. PLS administrative offices and service centers.6. Automation, 7. Budget/Grans/Endowmertts 3. Other - SAMMIE Governing Board needs one more person. Next meeting May 20. ADJOURNMENT - D. Brunner, Sec. Attendance at meeting: Present - Judi Bohn Howard Christiansen Jan Kreie Atvin T. Huff Floyd Sneer Marie Schoener Louis Sherlin Curtis Johnson Richard Baysinger Marion Drozdowski Linda Johnson Maxine Weinrich Dolores Brunner Howard Tengwall Nancy Alsop Yvonne Griffin Dennis Hauer Marietta Johnsen Absent: # denotes excused Arlen LaCombe Dorothy Tebben Mark Dahl Lavern Birldand N Phitlip Kvam Barbara Gjerde N Morris Benson John Mier M Judy Barka N Nancy Dtdcson� Mary Page it Lorna Carlson k Orville Rudningen N Connie Sederstrom John Nevins Sandy Casper k Kelley Johnson Roy Johnsen M Melanie Lady Henry Utich if Kevin Mulder LeRoy Sanders N Avonelle Johnson Mary Lou Ame M • 0 ft 0 4/05/93 14 :49:)1 01 FUND LIBRARY DESCRIPTION REVENUFS RESERVE lASIC Sf ATE /FEDERAL AID SIG STONE COUNTY CHIPPEWA COUNTY KA901YOHI COUNTY LAC UUI PARLE COUNTY NC LEJD COUNTY VEEKER COUNTY RENVILLE COUNTY SWIFT COUNTY YELLOW MEDICINE COUNTY APPLETON BENSON FAIRFAK SLFNCOE 3KACEVILLE GRANltF FALLS HUTCHINSON KERKHOVEN LITCHFIELD OLIVIA OATONVILLE WILLVAR RIAU ISLAND JAWSON HECTOR MAOISUN RENVILLe ATWATER RROWNtON MOVTEVIDEO CASH RECEIPTS C SALES TAX GIFTS INTEREST OT4ER REIVBURSEVENTS TOTAL REVENUES ALL EAPEMDITURF.S p PtONEERLANO LIBRARY SYSTEM COU9IY 14 INTEGRATED FINANCIAL SYSTEM STATEMENT OF REVENUES AND EXPENDITURES AS OF 3031/93 CURRENT YEAR - - - - -- - MONTH_. TO -DATE 1.314.00 •• .00 •• .00 99 .00 .9 .UO .• .00 •• 22.526.000R H .00 +9 .00 99 .JO .9 .00 •• _. .00 99 .00 99 .00 99 .00 99 .00 •• .00 99 171971.50CA 99 .00 99 .00 99 .00 99 .00 •9 .00 99 .00 .• .JO 99 .00 99 .00 •• .00 .. 3,000.00CR 09 1.000.UOCR 99 /s0.000R .9 431.24CR 99 1.235.69CR 99 II.I2T.2OCR •• 272.10CR •• $9.419.57CK •994 132.65).74 9999 IF SS10 R,,.( 1 1J1: 4/70/'/1 1.:41 :17 9 OF Y OF SUDGET BOGT YEAR 34.946.000R 99 37.94- t.J9CP 9. 92 :% R5,992.00CR 00 42J,79U.J0Cq .. -1 0 15 6.667.25CR FF 26,669.00Cq .. i5 25 36,n2q.5UCA 99 14*,119.0 %p 9. 25 32,325.25CA .9 139.301.0%* .. 21 2s 9,960.15CA •♦ 37,245.. ^C'. .. 22,526.OJCR ♦• 9U,I04.061 .. 25 25 20.II7.SOC4 9J du,47U.JOLA 9. 25 a _. 19,990.60CA 99 75,522.u0Cq .. 25 25 9,603.50CA 99 38..39.u^.CR •. 2q 25 12,305.25CR .9 47,275.0CR .. .s 2s 2,679.2SCR •• 30,7I1.:ICR 90 25 6.R56.SOCR •• 22.926.0 164 .. 2.402.7UCR M 9.420.0CR 9. 25 ;S 9,240.000R 9. 3[.x66.0000. .9 is 1,169.75CR .. s,479.j %R 9. ,S 6,156.75Cd .. 7.4.e21.o0Cq •. 17,991.SUCR .. 6J,4dL J9C4 •. 27 is 1,147.75CR a 4.571.u0CP .. 25 2s 12,330.000N ♦. 49.370.01CR 99 25 6,796.7SCR 99 7.7.167.00CP 9. c5 3,960.0000. •• 15,.40.60CR 90 .s P• 26,069.25CA 99 101.473.00 00 el .5 3,021.25CA 90 12, U35.u0C9 •. 3.044.50CA 99 I5.37u.u0CR .. IS .s 2,643000R .9 Iu.572.J'1Cq 90 c5 25 4,666.I9CA 99 17,476.0009. 9. 21 25 3. 39A.25CA .. 13,593.J0CR .9 2s 25 3,000.00CA 99 3,000.0cC .. Iv1 2• 3.000.OUCA •• 3,v00.00C4 .. IJ1 ,s T50.000R 99 3.199.96CR .9 77,344.J00R 9• I7 ,s 14.279.64CR •9 2rJ13.J ?C0. •• 7vY 25 12.032.91[0. •• 3,v00.u0Cq .. 4ul 25 1,407.33CR •• 442.274.03CR N99 1.619.649.0008 999. 2Y 25 190,129.85 94.9 1,671.27b.u0 •... 25 25 • PION EE LAND LIBRARY SYSTEM 0 COb41Y 44 3/IS/93 1NIEGRATED FINANCIAL SYSTEM 15:12:22 O1 FUND STATEMENT OF REVENUES AND EXPENDITURES AS OF 3/31/93 LIBRARY 111570 PA4I I EOU: 3 /15/43 11:51:55 , 0 CURRENT YEAR X OF % OF DESCRIPTION ..._. _ MONI". TO -GATE BUDGET BOGT YEAR EXPENDITURES SALARIES AND WAGES 73,070.15 ++ 229.396.82 •• 440,323.00 •• :1 25 EMPLOYERS SHARE HEALTH INSURANCE 3.282.95 +• 8,533.70 •+ 31.82R.00 •• 27 25 HEALTH INSURANCE - DEDUCTIBLE-- .110 •+ ..544.70 +• EMPLOYERS SHARE RETIREMENT INSURANCE _ 8,418.13 •• 26.174.63 ++ 106.395.00 25 25 BOUKS - ADULT 33.638.36 r• 63,610.61 •• 734.316.00 r. 27 25 PERI091CALS _ 517.70 •• 1.207.73 0• 36.092.00 •• 6 25 VIUFO TAPES 1,043.36 +• 8.335.65 •+ 7.020.00 •• 19 25 UC LC AND OTHER CHARGES .00 +• 8. 525.00 •+ 20.250.u0 r• 42 25 CON VENDOR CHARGES _.^.. 2,903.72 •• 11.013.59 •• 33.500.00 •• 33 25 VEHICLE OPERATION +• 4,277.12 •+ 18,240.00 •• 23 75 VEHICLE INSURANCE .00 •• 2.484.64 •• 3.500.00 r• 71 25 TELEPHONE ANU LINE CHARGES _. _- 576.84 +• 3,079.66 •• 12.500.00 •• 25 25 POSTAGE AND SHIPPING 1.256.72 •• 3,763.24 •+ 12.696.00 •• 30 25 NEW EQUIPMENT 1.589.27 ++ 1,962.53 ++ 2,298.00 . 86 25 MAINTENANCE AND CONTRACTS ... _ .._ _ 761.79 _. •• _ 3.139.73 +• 16.100.00 •• 19 25 SUPPLIES AND PRINTING 2.123.20 •+ 9,193.11 •• 27,145.00 r• 34 25 PROMOTIONAL AND PRUGRAMMING 7.7S •+ 019.97 •• 3,492.00 •• 23 25 MILEAGE AND MEETINGS - STAFF .. 637.00 •• 1.662.02 +• 7.000.00 •• 24 25 MILEAGE AND MEETINGS - TRUSTEES 390.23 ++ 1,185.33 r• 6,000.00 •♦ 20 25 WORK CONP /PROPERTY /LIABILITY INSURANCE .00 •+ 11,619.99 ++ 12,737.00 .• 91 2S ADS AND LEGAL NOTICES _.DO -- •• 34. 92 r• `.00.00 •• 7 25 AUDITING .00 •• 1.850.00 •• 0 25 BOOKKEEPING 225.00 r♦ 7.835.00 •• 24 25 CONTINUING ED /SCHOLARSHIP FUND __. _. _. _. .00 - +• 167.57 ♦0 2.500.00 r0 11 25 EXTENSION CONTRACTS 263.74 +• 163.74 ++ 22.279.00 ♦. 1 25 STATE SALES TAX .00 •• 398.89 •♦ 9,376.00 •• 4 25 TOTAL EXPENDITURES .. ._ _ .132.653.75._ t!•0 398.129.95 0000 1.619.962.00 0000 25 25 BALANCE ON NANO 3/31/93 8103,354.06 , 0 • 1993 OBJECTIVES RATE THE TOP 10 1 - Lowest Rating 10 - Highest Rating RATING 24.5 CATV "Needs Study," "Local Access Assessment," and Draft Franchise Ordinance 8 Regional Library System Review 5 Establish Vision Statement for City 10 Implement Refuse Credits for Composting and Recycling 0 Educate Citizens of Composting and Distribute Bin to 200 Residents or More 17 Open Liquor Store and Evaluate Policies /Procedures 4 Consolidate Law Enforcement Computerization of Records • And Information Retrieval System with McLeod County 11 Construct Airport Improvements 16 Implement Geographic Information Systems, Specifically Property Management System Module 14 Construct South Park Water Storage Tower and Update Water /Sewer and /or Refuse Rates 11 Review Operation of Motor Pool 4 Complete Phase II of Cemetery Paving and Drainage Improvements 19 Complete Study of Crow River and Determine Short and Long Range Program 7 Conduct Community Survey of Needs and Priorities; Also Complete Youth Center Survey 7 Meet with County, Townships, HCDC, Public Utilities; Consider Also Annual Meeting with HRA and Hospital/ Nursing Home Board 9 Perform Drainage Study for Sections of Community 49.5 Design and Remodel New City Hall 29 Determine Direction and Timetable for Joint City /County/ State Maintenance Facility 8 Update City's Handbook of Policies and Procedures, Including Assessment Policies 4 Implement Computerized Recordkeeping and Retrieval for City Council Minutes 22 Planning and Platting for New Residential Lots Other 1 Open House at City Hall n L� r�L 0 • E • League of Minnesota Cities PRE Cities Bulletin Number 5 '` ,tom `�ot�Ale�rts 5, Bills would rollback 1992 annexation amendments Joel Jamnik T1vo bills introduced in the Minnesota Senate would repeal pro - city amendments to the states annex- ation statutes which the Legislature passed in 1992. The bills, S.F.138 and S.F.143. (see summaries page T) do not have House companions yet, but we expect prompt introduction. The League opposes these proposals and urges city officials to contact their legislators. This request is particularly important for city officials whose Senators are authors of these bills or members of the Senate Metropolitan and Local Goverment Committee. That committee will hold the initial hearings on the proposals. See the lists for room numbers and phone numbers for these legislators. Both bills propose reversing the gains cities achieved during the 1992 session, when the Legislature passed Chapter 556, 1992 Session Laws. The provisions of Chapter 556 were agreed to by the Township Officer's Associa- tion, at least at one point during the last session. Now, they and others are seeking to recant on that agreement for reform of the annexation laws. Both bills seek the repeal of two sections of law which facilitate annexations by ordinance of the neighboring city. S.F.1 Proposes an additional section which would restore the requirement, repealed by last years L.egisl�e tlr, r f r�_ u,",.:�•ti° � -•:- tion of an annexation, and a full, formal hearing by the state Muni board, that there be an a eeton withi to be mimarfly and Last years Legislature agreed that it did not make sense to have a full hearing before the Municipal Board to determine if annexation was in the best interest of the city and the area to be annexed and an election in the area which could overturn the order of the Municipal Board. Such a procedure in effect turns the boards order into a recommendation. It also raises extremely difficult questions regarding See Annexatiom page 3. Governor's proposal funds state agency programs with LGA funds Joel Jamnik The Govermors proposed state departments appropriations bill, S.F.168 (Frederickson) (Governmental Operations and Reform), would continue the past practice of funding several state agency programs out of local government aid funds. First, the bill would spend S 181,000 the first year of the bien- nium, and S 185,000 the second year, out of LGA in order to fund the local government records program and the intergovernmental information systems activity. Second, the bill proposes to use 556,000 of the LGA appropriation in the first year to "offset the cost of the local government pay equity function" of the department of employee relations. No money is proposed in the bill for the second yam, perhaps implying an intent to change department staffing with regard to this issue. 'third a total of 5446,000 is proposed to be spent, again from LGA, "in order to reimburse the general fund for the services of the government information division and the parts of the constittnional office that are related to the government information function" of the office of the state auditor. Does it make sense for the administration and the Legislature to decide to spend a certain amount of revenues on LGA and then to reduce the amount they think they are Ong by approximately Sl million? Do state leaders think they're fooling city officials or taxpayers? Scarier still, are they successfully fooling themselves? Annexation: Proposals are anti -city, continued from page 1 what area is primarily and substantially interested in or affected by the board order. The logic and public policies favoring repeal of the election require- ment which were the basis for the 1992 L Legislatures action still exist. The only change from last year to this year is the position of the Minnesota Association of Township Officers. The two sections of law which the bills propose to repeal were adopted last year in an effort to streamline the annexation of property which abuts city boundaries or is within two miles of existing city boundaries, and has either been developed or is in need of city services in order to develop. One section currently allows cities to by ordinance declare land annexed to the city if the land abuts the city, the area to be annexed is 60 acres or less, and the city receives a petition for annexation from all the property owners of the land. The other section specifies that if the city owns the land or if all of the landowners petition for annexation, and the land is within an existing orderly annexation area, then the city may declare the land annexed by passing an ordinance to that effect. The League feels that any action to repeal or modify last year's amend- ments is premature. Cities' experience acting under the new streamlined procedures has been limited, and what experience we do have seems to indicate that cities are acting responsi- bly and in accord with long- standing state policy that urban uses of property be located within cities. The township association has stated that one example of an "abuse" under the new law is the annexation of a large hotel located at a freeway interchange just outside a city's boundaries. It is the Leagues opinion that a 50 -plus room hotel probably meets the definition of land which "is urban or suburban in character or about to become so" and thus properly located within a city, rather than remaining part of the township. February 5, 1993 Further, the above example demonstrates the existing inefficiency WA ineffectiveness of state planning and annexation Statutes, which are Supposed to conserve and preserve rural land and promote stable and logical growth of our urban area Urban sprawl and the problems inevitably resulting from sprawl or leapfrog development are not unique to the metropolitan area, which is currently engaged in a complicated, difficult discussion on how to further deterioration of the urban and how to address a variety of delivery and environmental problems, many of which can be traced to unwise development activities. Please contact your legislators now, and continue to contact them periodically, and urge that they not pass S.F.138, S.F. 143, or other annexation law amendments which make annexation more difficult. Authors of anti -city annexation legislation S.F.138 would require elections and municipal board hearings; repeal annexation by ordinance authority for abutting land which is 60 acres or less upon property owner petition, and repeal annexation by ordinance of city owned property or privately owned property upon owner petition, if the Property is within an orderly annexation area Sea Jim Vickerman 226 Cap. 296 -5650 Sen. Betty Adkins 309 Cap. 296 -5981 Sea. Roger Moe 208 Cap. 296 -2577 Sea Doug. Johnson 205 Cap. 296 -8881 Sen. D.E. Johnson 147 SOB 296 -3826 S.F.143 would repeal annexation by ordinance authority for abutting land which is 60 acres or less upon property aver petition, and repeal annex- ation by ordinance of city awed property or privately owned property upon owner petition, if the property is within an orderly annexation area- Sen. Pat Pariseau 109 Cap. 296.5252 Sen. Duane Benson 119 SOB 296.3903 Sen. Jim Mckerman 226 Cap. 296.5650 Sea Betty Adkins 309 Cap. 296 -5981 Senate Metropolitan and Local Government Committee Sea Betty Adkins, Chair 309 Cap. 296 -5981 Sen. Ted Mondale, Vice-Chair 309 Cap. 297 -8065 Sen. Don Betzold G-24 Cap. 296.2556 Sen. Dick Day 105 SOB 296-9457 Sen. Carol Flynn G-29 Cap. 296-4274 Tax Div. Char Sen. John Hottinger G•29 Cap. 296-6153 Tax Div. Vice -Chair Sen. Jerry Janezich 328 Cap. 296.8017 Sen. Keith Langseth G-24 Cap. 296 -3205 Sen. Bob Lessard 111 Cap. 296.4136 Sen. Ed Oliver 121 Cap. 2961 -4837 Sen. Sandy Pappas G-27 Cap. 296 -1802 Sen. Pat Pariseau 109 SOB 296 -5252 Sen. Martha Robertson 109 Cap. 296 -4314 Sen. Linda Runbeck 107 Cap. 296.1253 Sea Deanna Wiener 303 Cap. 297 -8073 Page 3