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cp04-12-1994 cSUNDAY MONDAY TUESDA -10- -11- -12- 8:15 A.M. - Bldg. /Eng. Team Meeting at City Center NOON - KICK -OFF WALK FOR SHAPE -UP CHALLENGE 5:30 P.M. - CLOSED MEETING OF Meet at City Center CITY COUNCIL AT CITY with your tennis shoes! CENTER HUTCHINSON 6:00 P.M. - Planning Session CITY Workshop for City Council CALENDAR at City Center 6:30 P.M. - Light Traffic Task Force Meeting at City 7:30 P.M. - Regular City Counc Week of Center Meeting in Council Chambe of City Center April 10 t0 April 16 1994 WEDNESDAY THURSDAY FRIDAY SATURDAY -13- -14- -15- -16- 10:00 A.M. - Directors 9:30 A.M. - Senior Advisory VACATION: Meeting at City Board Meeting at Senior Center Center STEVE MADSON - April 11 -15 4:30 P.M. - Library Board Meeting at Library • AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 12, 1994 1. CALL TO ORDER - 7:30 P.M. 2. INVOCATION - Rev. Jim Hall, Word of Life Church 3. CONSIDERATION OF MINUTES REGULAR MEETING OF MARCH 22, 1994 Action - Approve as distributed - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - MARCH 1994 2. LIBRARY BOARD MINUTES OF MARCH 10, 1994 • 3. AIRPORT COMMISSION MINUTES OF MARCH 28, 1994 (b) APPLICATION FOR SHORT -TERM RETAIL "ON SALE" NON - INTOXICATING MALT LIQUOR LICENSE 1. ELKS LODGE NO. 2427 2. HUTCH HUSKIES BASEBALL ASSOCIATION (c) REISSUANCE OF GAMBLING LICENSE FOR ELKS LODGE (d) REISSUANCE OF GAMBLING LICENSE FOR HUTCHINSON VOITURE 414 40 & 8 (AMERICAN LEGION) (e) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 94 -107 - AN ORDINANCE TO VACATE UTILITY EASEMENT IN WAGNER DEVELOPMENT CORPORATION PLAT (SECOND READING AND ADOPTION) (f) RATIFICATION OF APPOINTMENTS TO LIBRARY BOARD • SUE MUNZ • PAUL WRIGHT • Action - Motion to approve consent agenda CITY COUNCIL AGENDA - APRIL 12, 1994 • 5. PUBLIC HEARING - 8:00 P.M. (a) LETTING NO. 7, PROJECT NO. 94 -07 (SOUTH GRADE ROAD/ TH 15 TO DALE STREET /FEDERAL AID) Action - Motion to close hearing - Motion to reject - Motion to approve and order preparation of plans and specifications - Motion to waive reading and adopt Resolution No. 10180 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) PETITIONS FOR FOUR -WAY STOP ON CORNER OF FIFTH AVENUE AND HARRINGTON STREET Action - 7. RESOLUTIONS AND ORDINANCES SEE CONSENT AGENDA 8. UNFINISHED BUSINESS None is 9. NEW BUSINESS (a) CONSIDERATION OF HCVN LEASE FOR SPACE IN CITY CENTER Action - (b) CONSIDERATION OF REQUEST FOR $1,500 DONATION FROM CITY FOR HUTCHINSON JAYCEE WATER CARNIVAL Action - Motion to reject - Motion to approve (c) CONSIDERATION OF LMCIT OPEN MEETING LAW DEFENSE COST COVERAGE Action - (d) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 2, PROJECT NO. 94 -02 (WALNUT RIDGE - -PHASE II) Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 10181 • Ya • CITY COUNCIL AGENDA - APRIL 12, 1994 (e) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 5, PROJECT NO. 94 -05 (ISLAND VIEW HEIGHTS FIRST ADDITION) Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 10182 (f) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 8, PROJECT NO. 94 -08 & NO. 94 -09 Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 10183 (g) CONSIDERATION OF RECEIVING REPORT, WAIVING HEARING, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS ON PROJECT NO. 94 -26 Action - Motion to reject - Motion to approve report, waive hearing, and waive readings and adopt Resolutions No. 10184, 10185 and 10186 • CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 9, PROJECT NOS. 94 -10 THROUGH 94 -17, 94 -26 (1994 SIDEWALK/ PAVING PROGRAM) Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 10187 (h) CONSIDERATION OF RECEIVING PETITION AND REPORT, WAIVING HEARING, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS ON PROJECT NO. 94 -18 AND 94 -25 Action - Motion to reject - Motion to approve report, waive hearing, order plans and specifications, and waive readings and adopt Resolutions No. 10188 -10193 CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 10, PROJECT NO. 94 -18, 19, 25 Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 10194 (i) CONSIDERATION OF AUTHORIZATION FOR CITY TO PARTICIPATE IN HUTCHINSON TECHNICAL COLLEGE AUCTION ON JUNE 9, 1994 • Action - Motion to reject - Motion to approve 3 CITY COUNCIL AGENDA - APRIL 12, 1994 • (j) CONSIDERATION OF AWARDING BID FOR PURCHASE OF ONE NEW 1994 JOHN DEERE TRACTOR WITH ATTACHMENTS FOR PARK DEPARTMENT Action - Motion to reject - Motion to approve and award bid (k) CONSIDERATION OF TRESPASSING PROGRAM FOR CITY OF HUTCHINSON Action - Motion to reject - Motion to approve - Motion to waive first reading of Ordinance No. 94 -108 and set second reading for April 26, 1994 10. MISCELLANEOUS (a) COMMUNICATIONS 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds • 12. ADJOURNMENT n • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 22, 1994 1. The meeting was called to order at 7:30 P.M. by Mayor Torgerson. Present were: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson. Also present: City Administrator Gary D. Plotz, Assistant City Engineer Cal Rice, and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Dan Closter. 3. MINUTES The minutes of the regular meeting of March 8, 1994 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - FEBRUARY 1994 2. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY is MINUTES OF FEBRUARY 28, 1994 3. HUTCHINSON HOUSING, INC. MINUTES OF FEBRUARY 15, 1994 4. PLANNING COMMISSION MINUTES OF FEBRUARY 15, 1994 (b) RESOLUTIONS AND ORDINANCES (1) ORDINANCE NO. 94 -106 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ESTABLISHING A TELECOMMUNICATIONS COMMISSION BY ADOPTING A PROVISION ENTITLED "TELECOMMUNICATIONS COMMISSION" AND BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPTION) (2) RESOLUTION NO. 10168 - RESOLUTION FOR PURCHASE (3) RESOLUTION NO. 10179 - RESOLUTION ESTABLISHING TERMS OF OFFICE FOR APPOINTMENT OF MEMBERS TO THE NEWLY CREATED TELECOMMUNICATIONS COMMISSION (c) REPORT OF CITY INVESTMENTS 0 (d) DELINQUENT WATER AND SEWER ACCOUNTS CITY COUNCIL MINUTES - MARCH 22, 1994 (e) RENEWAL OF 1994 ON -SALE INTOXICATING LIQUOR LICENSES 0 • GOLD COIN INC. > VICTORIAN INN • UNDERGROUND BAR & GRILL > J'S PIZZA & SPORTS BAR • LAMPLIGHTER LOUNGE II > FLYERS /HI TOPS BAR /GRILL > SET -UP LICENSE: LITTLE CROW BOWLING LANES INC. (f) RATIFICATION OF APPOINTMENTS (1) TELECOMMUNICATIONS COMMISSION MARK GUGGEMOS - 5 YRS. MIKE FLAATA - 3 YRS. PAUL ACKLAND - 5 YRS. DENNIS SCHROEDER - 1 YR. DOUG HEDIN - 3 YRS. SUE POTTER, REP. HCVN SHARI COLVIN - 1 YR. BARRY ANDERSON, EX- OFFICIO DON HANSON - 1 YR. (NO REAPPOINTMENT) (g) CONDITIONAL USE PERMIT REQUESTED BY TOM LUDOWESE, ACME CARWASH, FOR CONSTRUCTION OF ADDITIONAL SELF -SERVE BAYS LOCATED AT 690 SOUTH GRADE ROAD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10169) (h) VACATION OF UTILITY EASEMENT ON LOT IN WAGNER DEVELOPMENT CORPORATION PLAT SUBMITTED BY KEVIN COMPTON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (FIRST READING OF ORDINANCE AND SECOND READING APRIL 12, 1994) (i) CONDITIONAL USE PERMIT TO MOVE 1976 MOBILE HOME ONTO LOT IN COUNTRY CLUB TERRACE REQUESTED BY LARRY GILMER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10170) (j) PRELIMINARY AND FINAL PLAT OF FAIRWAY ESTATES SUBMITTED BY SAM MONTGOMERY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION 10171) (k) CONDITIONAL USE PERMIT TO MOVE GARAGE REQUESTED BY ROGER DEMEYER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10172) (1) VARIANCE TO REDUCE LOT DIMENSION FROM ONE ACRE TO .95 ACRE REQUESTED BY BARRY BARTON FOR CONSTRUCTION OF COIN LAUNDRY AND CARWASH (HWY 7 WEST) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10173) 2 0 • CITY COUNCIL MINUTES - MARCH 22, 1994 (m) CONDITIONAL USE PERMIT REQUESTED BY BARRY BARTON TO CONSTRUCT A CARWASH AND COIN LAUNDRY IN C -4 DISTRICT LOCATED ON HWY 7 WEST WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10174) (n) SEQUENCE OF CONSTRUCTION IN MORNINGSIDE ESTATES DEVELOPMENT REQUESTED BY DEAN LIMOGES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (o) REVIEW TIMING OF NORTHWEST ANNEXATION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion to approve the consent agenda items, with the exception of (e), (f), (h), (1) and (o), was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. Following discussion of item (e), Council Member Craig moved that the block of renewals for intoxicating liquor licenses be moved to the next meeting. The motion was amended by Council Member Craig that the licenses be renewed pending approval of city inspection by the Building Official. Amended motion seconded by Council Member Erickson and unanimously carried. • Attorney Anderson commented on J's Pizza Bar & Grill and clarified that the condition for issuance of the license would be contingent upon payment of their sales tax obligation. Following discussion of item (f), Council Member Mlinar moved to approve ratification of appointments. Motion seconded by Council Member Peterson and unanimously carried. Following clarification of item (h) by Building Official Jim Marka, the motion to approve the vacation of utility easement and to waive first reading and set second reading of Ordinance No. 94 -107 for April 12, 1994 was made by Council Member Erickson, seconded by Council Member Craig and unanimously carried. The Building Official clarified that on item (L) there was a lot split on the lot, and it was the intent of the Planning Commission to approve the lot split although it was not in writing. Following discussion, the motion to approve the variance and to waive reading and adopt Resolution No. 10173 was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. During discussion of item (o), it was the consensus of the • Council that the City Attorney draft an orderly annexation 3 CITY COUNCIL MINUTES - MARCH 22, 1994 agreement for each of the townships of Acoma, Hutchinson, and • Hassan Valley. The motion to direct City staff, or a designated individual, to hand deliver the agreements to each of the townships along with an explanation of their contents was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) PROJECT NO. 94 -19 (MCDONALD DRIVE /WEST OF JACKSON ST.) Mayor Torgerson called the hearing to order at 8:00 P.M. and read the notice of hearing for Project No. 94 -19. No one was present to be heard. The motion to close the hearing at 8:05 P.M. was made by Council Member Erickson, seconded by Council member Mlinar and unanimously carried. The motion to approve Project No. 94 -19, to order preparation of plans and specifications, and to waive reading and adopt Resolution No. 10177 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (b) PROJECT NO. 94 -27 (HURON STREET SANITARY SEWER /SECOND AVENUE SE TO SOUTH) Mayor Torgerson read the notice of hearing for Project No. 94 -27. Dwaine Lutzke, 546 Second Avenue SE, stated his main objection was the way in which the notice was worded. He found it confusing. Dolores Brunner, 968 Hayden Avenue, commented she and her husband recently purchased a lot from the City. They understood the sewer was in, but now they are being told it was not. She inquired what the assessment would be per lot and how many lots were involved. The motion to close the hearing at 8:18 P.M. was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. Following discussion, the motion to approve Project No. 94 -27, to order preparation of plans and specifications, 4 0 0 CITY COUNCIL MINUTES - MARCH 22, 1994 and to waive reading and adopt Resolution No. 10178 was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) CONSIDERATION OF OUT -OF -STATE TRAVEL BY DIRECTOR RANDY DEVRIES TO ATTEND W.E.F. CONFERENCE IN ST. CHARLES, ILLINOIS Following discussion, the motion to approve the travel request was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (b) CONSIDERATION OF REQUEST TO CLOSE FIRST AVENUE NW DURING DESIGNATED HOURS FOR A.B.A.T.E. FUNDRAISER Following discussion, the motion to approve the request was made by Council Member Craig, seconded by Council Member Peterson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES • SEE CONSENT AGENDA 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF RECEIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENT PROJECT NO. 94 -07, LETTING NO. 7 (SOUTH GRADE ROAD /TH 15 TO DALE.STREET /FEDERAL AID) Following discussion, the motion to approve the report, to set a hearing for April 12, 1994, and to waive readings and adopt Resolutions No. 10175 & No. 10176 was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. (b) CONSIDERATION OF NEED FOR ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR HUTCHINSON IRON & METAL PROPERTY Attorney Jim Degiovanni represented the Weatheralls in addressing their concerns that an environmental assessment worksheet (EAW) be completed before the City permits Jay Freedland to proceed with relocating his . scrap iron business. 5 CITY COUNCIL MINUTES - MARCH 22, 1994 The City Attorney stated the petition for an EAW must be acted upon within 30 days. However, it was his opinion that the Council's decision would not be an exclusive decision which would limit action at a future date for an EAW concerning wetlands. It was noted that the City Engineer did not recommend an EAW. Following discussion, the motion to deny the petition but reserve the right to request an EAW if warranted at a future date was made by Council Member Craig, seconded by Council Member Mlinar and unanimously carried. (c) CONSIDERATION OF APPLICATION FOR RETAIL "ON SALE" NON - INTOXICATING MALT LIQUOR LICENSE TO HUTCHINSON JAYCEES FOR FIREMAN'S BALL Following discussion, the motion to approve issuing the license and waiving the $50 fee for the Fire Department was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (d) CONSIDERATION OF REQUEST FROM MAINSTREET TO USE LIBRARY SQUARE PARK FOR "PICNIC IN THE PARK" ON JULY 12, 1994 Following discussion, the motion to approve the use of • Library Square Park was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. (e) CONSIDERATION OF REQUESTS FROM HUTCHINSON CHAMBER OF COMMERCE AND MAINSTREET TO HOLD STREET DANCE ON JULY 13, 1994 Following discussion, the motion to approve a street dance was made by Council Member Craig, seconded by Council Member Erickson and unanimously carried. (f) CONSIDERATION OF REQUEST TO PURCHASE ITEMS FOR CITY CENTER OPEN HOUSE Following discussion, the motion to approve the purchases, with the change requested by staff on the exhaust hood, was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. (g) CONSIDERATION OF GRANT APPLICATION TO DNR FOR COMPLETION OF LUCE LINE TRAIL FROM GARDEN ROAD TO ARCH STREET 6 • . CITY COUNCIL MINUTES - MARCH 22, 1994 Following discussion, the motion to approve the project was made by Council Member Mlinar and seconded by Council Member Erickson. The motion was amended by Council Member Erickson to approve the second option for the City to apply for land acquisition costs only and complete the trail construction utilizing City personnel. Amended motion seconded by Council Member Craig and unanimously carried. The main motion carried. (h) CONSIDERATION OF INSTALLATION OF OUTDOOR WARNING SIRENS Following discussion, the motion to approve the low bid from Quade Electric in the amount of $9,800.00 was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. (i) CONSIDERATION OF PURCHASE AND UTILIZATION OF CELLULAR TELEPHONES BY DIRECTORS It was reported the funding for the cellular telephones could come from the 1993 Federal Emergency Management funds. Following discussion, the motion to approve the purchase was made by Council Member Mlinar, seconded by . Council Member Peterson and unanimously carried. (j) CONSIDERATION OF REQUEST TO PURCHASE REPLACEMENT AIR COMPRESSOR FOR FIRE DEPARTMENT Following discussion, the motion to approve the purchase at a cost of approximately $10,600.00 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (k) CONSIDERATION OF ORGANIZATIONAL INVESTMENT POLICY FOR HUTCHINSON COMMUNITY HOSPITAL AND BURNS MANOR NURSING HOME Following discussion, the motion to approve the policy was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson commented on the resolution of dispute over the electrical service territories. He requested a joint closed meeting of the Utilities Commission and City • Council to address this issue. It was the consensus of CITY COUNCIL MINUTES - MARCH 22, 1994 the Council to meet on March 28, 1994 at 4:30 P.M. • (b) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz presented the recommendations for the City Center Open House to be held on Saturday, May 7, from 10:00 A.M. to 1:00 P.M. The suggestions were received with the unanimous consensus of the Council. After discussion of having a Council workshop prior to the next regular meeting, the motion was made by Council Member Mlinar to meet at 5:30 P.M. on April 12, 1994. The motion was seconded by Council Member Peterson and unanimously carried. The City Administrator reported on the good turnout for the meeting held last Monday, the meetings on the tri- agency building, and the Legislature presentation. Mr. Plotz stated that each year the Planning Commission updates the City's Comprehensive Plan. It is the intent of the Planning Commission to work in concert with the City Council. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS • (a) VERIFIED CLAIMS The motion to approve the claims and authorize payment from the appropriate funds was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:30 P.M. 8 40 0 J F-1 - once. cor.vu cro root oa �uagc wn,x C-404 ' V U.S. DEPARTMENT OF COMMERCE RIPEN6TNt CEusus I Period In whichpernribieausd I x•2591 PARCH 1994 IPWease colect any enws in name end address including ZIP Ceda) REPORT OF BUILDING OR ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 3574CO 27 4 9999 065 1 0 26 9999 02730 JAMES PARKA SLOG OFFICIAL FOR CITY OF HUTCHINSOh If your building permit system has changed, mark fX) appropriate box below and explain hUTCh INSGN CTT C71f 111 HASSAN ST S in comments. hU7ChINSON RN 55350 ❑ Discontinued issuing permits ❑ Merged with another system ❑ Split into two or more systems ❑ Annexed land areas PLEASE COMPLETE AND MAIL ❑ Had other changes THIS FORM ON OR BEFORE j A P n IL 4 1994 It no permits were issued during Bureau of the Censw Instructions are included. For this period, mark IX) in the box - 1 ❑ a 1201 East 10th Street further assistance, call collect and return this farm Jeffersonville, IN 47132 -ODOI 1301) 763 -7244. NEW RESIDENTIAL PRIVATELY OWNED PUBLICLYOWNED Number of Valuation of Number of Valuation of HOUSEKEEPING Item ildi Bungs Housing BUILDINGS No. Housing Buildings construction construction units Omit cents units Omit cents (al W lc) Id) Is) If) (gl Single- family houses, detached Exclude mobile homes. 101 a 4 342 224 Single- family houses, attached - Separated by ground to roof wall, -No units above or below, and - Separate heating systems and utility meters. (Count each unit as a separate building) 1021 1 Two - family buildings 103 Three -and four - family buildings 104 Five -or -mare family buildings 105 TOTAL - Sum of 101 -105 0 109 4 4 342,224 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED Number of Valuation of Number of Valuation of NONHOUSEKEEPING Item No. Buildings Rooms Buildings Rooms BUILDINGS construction Onrit cents construction Omft cents (a) Ibl (c) (dl let If) Igl Hotels, motels, and tourist cabins (transient accommodations only) 213 Other nonhousekeeping shaker 214 NEW PRIVATELYOWNED PUBLICLYOWNED Number Valuation of Number Valuation of NONRESIDENTIAL Item BUILDINGS No. of construction of construction buildings Omit cams buildings Omit cents W (b) Icl fill le) Amusement, social, and recreational 318 Churches and other religious 319 Industrial 320 Parking garages (buildings and open deckedl 321 Service stations and repair garages 322 Hospitals and institutional 3231 1 Offices, banks, and professional 3241 1 1 44,000 Public works and utilities 326 Schools and other educational 326 Stores and customer services 327 Other nonresidential buildings 328 2 2.0-2-0 Structures other than buildin s 329 ADDITIONS, PRIVATELY OWNED PUBLICLYOWNED Number Valuation of Number Valuation of ALTERATIONS, AND Item CONVERSIONS No. of construction of construction buildings omit cents buildings Omit cents (al (b) (c) fill let Residential - Classify additions of garages and carports in item 438. 434 9 133,400 Nonresidential and nonhousekeeping 437 1 3,500 Additions of residential garages and carports (anached and detached) 4381 1 RRR -5, RRS -1, RWR -1 Total Permits 24 Total VAluation $525,144.00 PLEASE CONTINUE ON REVERSE SIDE �► �- (1 DEMOLITIONS AND PRIVATELY OWNED PUBLICLYOWNEO RAZING OF Item Number of Number of BUILDINGS No. m gulld s g Housing gudtlings, Housing amts un.ta lal Ibi IU (dl 1 lei Single family houses (attached and detached) 645 Two - family buildings 646 Three -and tour - family buildings 647 Five or more family buildings 848 All other 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 $500,000 or more entered in sections I through IV. Item Number of No. from Description p Name and address of Owner- ship Valuation of sec. owner or builder MarkW construction Omit cents Housing guildin s g I —IV one units lal (or Id (dl (e) III Igl Kind of building ____ ---------- __------------------- ❑ Pnvate Site address ____________________________ ❑Public KirM of building _______________________________ ❑Pri "a"' Site Sire addre ____________ ------ ❑Public 5 Kind of building ________________________ __________ ❑Private -------------------------------------------------------------- Site edaresa 11 Public Kind of buildup ____ _______________________________ ❑Private Site address ❑Public S Kind of building ______________________________ ____ ❑Private Site address ________ ❑PUDIic 9 Kind of building e__dre_--------------------------------------------------------------- s Site _a ❑Public 5 Kma o1 wnamg ---------------------------------- Privae Site address ❑Pubic 8 Kestl of building ____ _______________________________ ❑ pivate __ _______________________________ fine address ..................................... ❑Pubic Kind of building ___________________ ❑privets __________________________ Sne address ___________ ❑PUblk 5 Comments Am You aware of any new permha,m ft )urladictllana7 E) No ❑ Yes — Please give additional information in comments. Name Of person to contact regarding this report JAMS G- Marka Telephone Title Am. code Number Eatenaion maucB' •_. u...., L - J 11� • 0 Hutchinson Library Board Meeting Thursday, March 10, 1994 Members Present: L. Ladd, Mary Henke, Dolores Brunner, Bill Scherer, Roy Johnson, Joyce Beytien The Library Hours suvey was reviewed. Dolores and Mary will prepare a recommendation to submit to the City Council with the results of the survey regarding possible added hours at the Library. Computer update: All equipment, including printers, was ordered from Bennett and within two weeks it will be set up. Mary and Roy are still working on a proposal for a 3M Grant. One bid for the glass covering for the main desk has been received for $142.95. Another bid will be obrtained and then presented to the C. Council for approval. There was the continuing discussion on a possible sign for the Library on Main Street. Larry will continue to pursue this matter to research the historical background and specifics about signage regulations. Reports were given by Roy Johnson and Dolores Brunner on recent PLS meetings and committees. Mary Henke reported on the local library strategic planning. Discussion followed concerning positions to be filled on the Library Board. L. Ladd's term has expired and Sharon Opatz has resigned. Myron Clapp, the custodian, will be retiring. The job will be posted for 172 hours per week. An appreciation lunch will be given in April for Myron. Further PLS information by L. Ladd concerned updating the grievance procedure policy, and an addendum about short term loans was explained by Dolores. The next meeting will be held on Thursday, April 14, 1994 at 4 :30. Meeting was adjourned. Joyce Beytien, Secretary, Hutchinson Library Board 0 / - -4, ('-) HUTCHINSON AIRPORT COMMISSION MEETING 0 March 28, 1994 Meeting was called to order by Dave Skaar at 7:35 P.M. Members present: Dave Skaar, Joe Dooley, Tim Miller Members absent: Dennis Kahl, Jim Faber and Mayor Torgerson City Staff present: Doug Meier Guest present: Bernie Knutson General discussion Meeting scheduled for next month on April 25, 1994 at 7:30 P.M. at City Center Conference Room. Meeting was adjourned at 8:55 P.M. Respectfully submitted by Doug Meier. 0 0 J #-A(2) 0 11 .1 Form No. D RETAIL "ON SALE" Otate of _Minnoota, j CITY OF HUTU couxrr or .._..._?_!5!e ..... . . ....... City Dlt _ ✓Hutchinson To the City Council .. the Y - ..................d Hutchinson ........ -1, ................. ......... I ................... 1. State of MhWAI011: ..Hutchinsm .... .lodge lMge 2427 Dennis E. Schroeder, Secretary ... . ...... . ........... . . _ ....... . ..... hereby ojplAes/or a lioness, far the k,,, Of_ . . ....... from the 29th ...... ....... ........ .. . troy .. . .... . . . . .. .... ........ . 79_24 to MU At Retaff Only, Non-Itaoxicaft Malt LkooM f, U wL"Zn v.sx.w in the ..... . ......... ..... . . . ... . . . ............... .. . .... .... . of ......... . ..... domailmd m follower. to-iow. National Guard Armory Hay 22 S Hutchinson M - . - .1 .... ........ ......... . ..... . .............. at which place mid applicant Op,,,es, Atha business and to that end reproesn, a tied etak 4 fOU, That mid applicant_.._....._.._._. gtiza_ Of the United S&MIM, of load moral aharstv and repute; and he B at-!-a the ails Of 21 YmN,; Mlt..Elk- Lodge.Hembers the crtnlliahnirnt /a, which the license will be jamoa if this application is &aiod. That emit liquor has wyoulwaho, j, to mid business of said applicant . __ar any jeumd tha,,ja, That mid al'Plicant makes " aPPIlmlidspumaxi and subjecollootl A, low ,faw Stake of ..,L A. o / u:,: _City _^ ' f applicable therelo, which are hereby made a pact hereof, and hereby a&m.-A, obomm said O&W the saxes; Recommend approval with restric=eg�ents as in past. Drivers license J.D. to be require e. Steve TIMMon\ Police Chief Fach applicant further states that --he is not nou, the holder of, nor has —he made application for, nor d(ws --he intend to make application for a Federal Retail Dealer's Special tax stamp for the oak of intoxicating liquor. D.Od .. . ........ I9. q4 OTT OF WTCM"= CITY CENTER 111 MRSUN STREET SE NUTCMINSOK ilk 5SMZS22 llfc"1646a� Hutchinson Elks Lodge 2427 TIMnnis E. Schroeder, Secreted___ JPPUmet-.. P. O. ldelmas Box 272 .... . ........ Hutchinson MN 55350 Form Na. 2.35-.r. . e ' — RETAIL "ON SALE" 6tate of Aitantigota, 161 A T ur ny i wirwaum 1 comvrror .. .. ...... .... ...... To the 4- of the .. .. ..... 7 Y ............. at .... .. I .._....._..___..........._. __......_....._.........I...._. State of Minnesota: hereby appl .., far a liorsew for the term of...., ..... . . . ...... from Al. 1z-"'qY e _......._.Al" of . ........ ZO.— to 014 At Retail 0*, Non-Intoxicating Malt Liqoors6 the same see defied by low, far caswumptimt "Or' those ovetalft promises in d,seliZud as follow, %L <_.. ....... at which plass, said appW4,ut operate.... M, lumiame of That said applicant ...... . ........_aUixen of the UnitwiStator; of food mora4eharads, and repute; and h4 .....attained the *0 of All yea"; that cxtnbiishmrnt /a, which the license mill be issued if this application is (ranted. That no maaafartam of each eawintoxioatinjf malt liquor, hoe any MAOTWt is arhas Wb& part, in said business of add applicant..... or any tat~ therein; That said. applieanit_ m.,W Ih& applications pursuant and subled to all She Jour of As Siam of Minnesota and the ordinances and rejulations, of said ................. ..... . .... ..... applicable thercta, which are hereby made a part Ammo), and hereby aghw.-A& Obwate and sky As saw; . . .. . ........ _ ..... . . ........ .......... . .. 1 ------ . ......... No beer allowed to be brought into bleacher or ball park Drivers license I.D. to be required for purchase. Beer not to be consumed off ball park area. Recommend approval with restrictions and Each applicant further states that --he is not note the holder of. nor has --he made application for. nor doses --he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of liquor. 7 74, 0 0 0 C� NO. 94 -107 AN ORDINANCE TO VACATE UTILITY EASEMENT IN WAGNER DEVELOPMENT CORPORATION PLAT 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 vacate a portion of said easement. SECTION 2. That certain easement in the City of Hutchinson is described as follows: 110 feet of utility easement on east line of Outlot B Wagner Development Corporation Plat SECTION 3. This ordinance shall take effect from and after its passage and publication and upon filing certified copy thereof with the proper County officers as required by law. Adopted by the City Council this 12th day of April, 1994. ATTEST: Gary D. Plotz City Administrator Marlin Torgerson Mayor Y _O' . PUBLICATION NO. 9648 NOTICE OF HEARING ON PROPOSED IMPROVEMENT LETTING NO. 7 PROJECT NO. 9407 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 12th day of April, 1994, to consider the making of an improvement of South Grade Road from TH 15 to Dale Street by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous wear course and appurtenances, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the benefitted property, for which property owners shall receive mailed notice. The estimated City Cost of said improvement is $258,000.00, with an estimated $100,000.00 Assessable Cost, and an estimated Federal Cost of $360,000.00, for the total estimated cost of $718,000.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. 0 Dated: March 29th, 1994. r �Y City Admidistrator 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 31ST , 1994 AND THURSDAY, APRIL 7TH, 1994. -- A I • 1394 PUBLIC HEARINGS South Grade Road (TH 15 to Dale Street) LETTING NO. 71PROJECT NO. 94-07 This Project includes the median, turn lane and signal revisions from Project 93 -05 (Merrill Street to TH 15) . It also includes complete replacement of the existing roadway surface and subgrade, as well as replacement of undersized storm sewer and deteriorating watermain within the roadway. Hutchinson Mall and Hutchinson Mall Plat 2 will be assessed as noted in the Subdivision Agreement for Hutchinson Mall Plat 2. All other properties will assessed for street improvements and related storm sewer improvements only. Parcels which have water services replaced will be responsible for the cost of the new service only. The City will pay for all remaining street costs, watermain replacement and general storm sewer oversizing and • replacement Corner lots which have previously been assessed will be credited for up to 1501 of sideyard. Lots which have paid a street assessment within the last 20 years are proposed to be partially credited for previous assessments. ESTTh1ATED ASSESSMENTS ITEM RANGE AVERAGE STREET IMPROVEMENTS (Non -Mall Area) $28 - 35 /FF $ 32 STREET IMPROVEMENTS (Hutchinson Mall Plate) PER SUBDIVISION AGREEMENT ASSESSMENT NOTES > WILL DESIGN PROJECT AND GO OUT FOR BIDS IF APPROVED AT PUBLIC HEARING > ASSESSMENT HEARING TO BE HELD AFTER BIDS, PRIOR TO AWARD OF CONTRACT > ACTUAL ASSESSMENTS TO BE CALCULATED FOR ASSESSMENT HEARING, BASED ON THE REAL PROJECT COSTS > PAYMENT OPTIONS: Full payment without interest by October 1, 1994 • Full payment with interest (frost october lot) by November 15, 1994 After November 15, 1994 the assessments are certified to tax rolls Assessment on Tax Roll, 10 years with interest, Equal Principal Deferment available for property owners, meeting income guidelines, who are either over 65 years old or disabled. 4- 11 BEGIN S.P. 133 -11 STA 0+00 J MAP !-� T 1 67 FAMEN 0 Cl GRADE ROAD END S.P. 133- 180-01 STA 31+90 I H 1111 r I �y1 6f- jD 12 7 12 .1. 7 SITE MAP SCALE: 1" = 1000' 0 • RESOLUTION NO. 10180 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 7 PROJECT NO. 94 -07 WHEREAS, a resolution of the City Council adopted the 22nd day of March, 1994, fixed a date for a Council Hearing on the improvement of South Grade Road from TH 15 to Dale Street by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous wear course and appurtenances. AND WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 12th day of April, 1994, 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: is 1. Such improvement is hereby ordered as proposed in the resolution adopted the 22nd day of March, 1994. 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 12th day of April, 1994. Mayor City Administrator F/7ZLOFF HARDWARE RANK, Highway 15 South Hutchinson, Minnesota 55350 1\1: 1 fiutcninson-City Council ._. FROM: Earl Fitzloff, owner of Fitzloff s Hardware Hank RE: Lynn Road /South Grade Road intersection DATE: Phone 612.587.2658 As both the owner of a business along Lynn Road and as a resident of the City of Hutchinson, I am concerned about the poorly - planned intersection of Lynn Road and South Grade Road. I respectively request a fresh look at considered changes in the area of Lynn Road, South Grade Road and Highway 15. These concerns include: • The wisdom of funneling additional traffic from South Grade Road onto Highway 15 when the drivers of many of those vehicles want to turn north on Lynn Road. • Public safety concerns for vehicles turning at the proposed left turn lane off Highway 15 onto Clinton Avenue against oncoming traffic. • Convenience and safety, both of which are concerns to today's consumer. To ask a customer to go around the block or the business to reach their destination is inconvenient and can be unsafe. A comparable situation with which you may be able to identify would be parking at the side or back of a super market and walking around to the front to get in the store. You would find it inconvenient, as •would your wife and family, and influence your decision whether to return to that place of business. In addition, I have not seen any concern for traffic - trucks included - which need to go north from the end of Lynn Road, Farm and Home or Hardware Hank. • I have repeatedly been told that the median on South Grade Road is necessary for safety and because shortening the median would interfere with the proper operation of the traffic signal. If the median on South Grade Road is so necessary, why isn't there a median on School Road? Would corporate resistance be possible by SuperAmerica and Happy Chef? Again addressing the safety issue, the turn from the intersection with the signals at Highway 15 and South Grade Road has been free of accidents. Please - before your blessing is given to this proposal - walk Lynn Road, drive Lynn Road, and see first hand not only a desk - prepared plan but also the shortcomings of a street system which does not fulfill the needs of the public. I suggest opening the end of Lynn Road for two -way traffic, shortening the median and prohibiting left turns onto the highway. I also suggest designing Clinton Avenue construction as a full intersection to allow traffic to go both ways. I bring these requests to you not so much as an individual businessman but as a citizen of Hutchinson. Because my business is located on Lynn Road near the South Grade Road intersection, I am in the unique position to hear comments by customers who are unhappy with the current intersection design. Many, many people have relayed to me their negative feelings about the intersection of the two roads, and I feel compelled to bring these concerns to you. I therefore submit these concerns not only as a business affected by this poorly - planned project, but also as a Hutchinson resident who respects the needs and wishes of convenience for the 50 or more drivers each day who wish to turn north from South Grade Road onto 0ynn Road. -2- Upon a motion by Commissioner Eloi Hamre and seconded by Commissioner Ray Bayerl, it was moved to reduce the value on the detatched garage from $3,184 to $1,500. The Chairperson declared the motion approved upon a unanimous vote. The County Assessor proceeded to review the statistical reports with the Board. The Chairperson recognized Earl Fitzloff regarding parcel number 23 -164 -0030 in Hutchinson City which is Fitzloff Hardware Hank. Mr. Fitzloff expressed problems associated with reduced accessibility due to a change in the intersection by the state highway department. The concensus was that this matter would be appropriately referred to the County Board as opposed to this board because of concerns regarding the cost of an appraisal as well as safety and access concerns. Upon a motion by Commissioner Ray Bayerl and seconded by Commissioner Al Huff, this matter was referred to the County Board to be considered at their nest meeting. The County Assessor continued to review the statistical reports. • There being no further business, upon a motion by Commissioner Ray Bayerl and seconded by Commissioner Al Huff, it was moved to adjourn the Annual Board of Equalization. �Q� Edward Ide, Secretary • County of McLeod 830 11 th Street East Glencoe, Minnesota 55336 00MMISSKMA RAY UYERL 1si Dow Pro" (612( 466.2161 20776 CAW AvwM L"w Praw&, MN 5635{ COMMISSIONER AL Huff 2nd D"im Pro" (612) M43607 97M 125M Sho GY"w, MN 56336 COMMISSIONER EL01 A NAMRE 3rd DOW Phww (6121562.2129 900 Mohty • PO Bw 125 S WRK MN 56395 COMMISSIONER DONN W. ULRICN 4m D.6ia Rh (012) 56744" 14495 15561 SUM Kfid IMCq MN %MD MAYOR CITY OF HUTCHINSON CITY HALL HUTCHINSON. MN 55350 COMMISSIONER BEY WANGEW SM Dario Pho" (612) 5674M 16366 A dwh Ckb HUWNN ^ MN 56.960 JOSEPH CULHANE Carts' Coadn@W PhaM (012) M45661 • DEAR MAYOR ACKLAND: IT APPEARS ONCE AGAIN, THE CITY OF HUTCHINSON IS ABOUT TO BE A PARTNER WITH MNDOT IN COMPOUNDING THE COMEDY OF ERRORS AT THE INTER- SECTION OF HWY *15 AND SOUTH GRADE ROAD. STARTING WITH THE FLEDGING ENGINEER'S LAYOUT OF THE ORIGINAL DESIGN BY NOT ALLOWING ACCESS OF HWY *15 NORTHBOUND TRAFFIC TO LYNN ROAD AND AN APPARENT DISREGARD FOR BUSINESS OPERATIONS ON LYNN ROAD, THE OPPORTUNITY IS NOW AVAILABLE TO CORRECT THIS GROSS OVERSIGHT. WITH ARROWS DIRECTING LEFT TURNING TRAFFIC ON HWY $15, IT WOULD SEEM TO ME AN ARROW TURNING SYSTEM CAN BE DESIGNED FOR TRAFFIC ON SOUTH GRADE ROAD TO ENTER LYNN ROAD WHETHER EAST OR WESTBOUND. IT APPEARS TO ME THE LOGIC IN THE DESIGN OF THE TRAFFIC FLOW SYSTEM IS STRUCTURED TO RECOGNIZE A BUSINESS OPERATION ON THEIR SIZE AND NOT IF THE TRAFFIC SYSTEM TREATS ALL THE BUSINESSES FAIRLY. I BELIEVE IT IS TIME TO CORRECT THIS POSTURE. SIN Y, • ELOI HAMRE 3RD DISTRICT COMMISSIONER MCLEOD COUNTY MCLEO0 COUNTY 15 AN EQUAL OPPORTUNITY EMPLOYER 13859 County Road 7 Hutchinson, MN 55350 July 26, 1993 To Whom It May Concerni Fitzloff's Hardware Hank Store at 934 Lynn Road, Hutchinson, has lone been a favorite with our family for many reasons. We like the quality merchandise, the concerned, helpful sales- people and the local ownership. We know if there ever is a problem, it will be taken care of to our satisfaction. We appreciated the business' move several years ago to a facility providin? much larger in -store room alone wit onvenient, amnle parkinz. of benefit as well was the lost tion, just off Highway 15 with easy access to people such as ourselves who reside southwest of Hutchinson. We found it inconveivable, therefore, when traffic was deliberately diverted away from Fitzloffs as well as from Farm and Home by a traffic plan which effectively cut off those two businesses from inbound traffic arriving via Highway 151 County Road 7 and the South trade Road. and from all those many side roads flowing into the three more major entrances. While it probably is impossible to have a count of vehicles - and thereby out -of -town customers bound for those businesses that are inconvenienced by the current lack of viable access it must be sizeable. Another count that would be interesting would be one tallying vehicles and customers cutting through the pizza Hut parking area to get to the two "abandoned" businesses. How can the City of Hutchinson justify creation of a situation in which law - abiding, citizens see the need to proceed if not illepally at least dangerously through one establishment's parking facility in order to pet to another? We know personally of other families - merchandise - buying, revenue - producing, tax - paying customers - who feel as we do. The City's abandonment of two locally -owned businesses in order to arbitrarily dictate what has proved an unsatisfactory solution to a traffic flow question is not only inconvenient to the buying public it normally courts, but is devastating to the locally - owned businesses. We respectfully ask that the question once more return to the drawing board for a more equitable and satisfactory solution. Sincerely, Roya "Jim" and Margaret Knutson pt � - • 71; F/53 to `1 A v'� Cc Y a. / C O n C p v Af 'l-.i r d/ N S i /✓ ! 5J /ale' C S Q /J Y )% 7 l��/N �J'�L ll�f. ✓0 �1 GAn l�� aC�O,.,Q ��f-C-- TX -/"c rO h PG f/P O-Al S C°P II,. / J �+ r L. h C4,- -41 T o ��, / e -to Sii a�, -f _5-740 yr.S .L _ % o (a ce 4ra : - t"0101 Y� Q K cI / A -7'X'-,r z ),,, .21 J cot ow h -7 � I ::�)v _. HU -i CiU�j G,�ro i Ck \ .f4. T I. 1 1- 1� J I� f ICI � i I c. t t J J 1 • �,arFt �I J cot ow h -7 � I ::�)v _. HU -i CiU�j G,�ro i Ck \ .f4. T I. 1 1- 1� J I� f ICI � i I c. t t J J 1 • - the editor: Just finished with some errands downtown Hutchinson. What experience it was. It could be -- to New York, Boston, Los Angeles for traffic prob- .... But why? Hutchinson is a town. Compared to how affic used to be, boy, is it - .. =d up now. It really makes ie wonder if the people who jade all of the changes drive in If they don't drive et, I would like to point out some C their mistakes. Traffic back ups at rush hour. Then you put in turn lanes, there -e normally turn arrows on the gnal lights. Extra long turn lanes at the ub, off Main Street. There are )parking spaces left. Can't park in front of the post office south and north bound. Can't park in front of Main Clips to get a hair cut north bound. Can't park by drop box for bills, near post office south bound.) Can't park in front of Fabric cleaners, north bound. Question, do the downtown businesses care, doesn't this effect their business? I believe people spend more time downtown now, but in their cars. Maybe we should do what Hopkins did. Put in planters and trees and more stop- lights, and then nobody will drive downtown. Impossible to drop off mail in the drive up mail boxes. off of main street too much traffic. The back alley is blocked by a beer truck delivering beer to the at Bluff Street. We got the Hutch Legion at S p.m. on a Friday after- Teckers turning and going north Ron- Can't get to the Pizza Hut with- out driving into the exit, or ving a mile out of the way. The same goes for Farm and Home and Fitzloff Hardware. The Telephone Company should give up on making it tough to drive through their parking lot. People just don't want to drive on Main Street. Besides it's an easy way to get to the Marquette Bank drive through. It should have been a through street. Left turn or right turn off South Grade road into Cash Wise, is a game of "Chicken" before you buy it at the store. You could be killed. Then there is Highway 7 signal and the 3Mers turning and going south to work. Then there is a grain hauler from South Dakota going straight through Boy, if you are not lucky, you could be road pizza. Am I the only person in Hutchinson fed up with the traf- fic? I am sure there are more areas in totkn that traffic is just as screwed up as the ones I have noted. More people should right them up and send them into the Leader. We should all ask the question. How do we get this mess straightened up? Tom Schwartz, Hutchinson shopping cart mayhem, damage lamented the editor: I am irate and friend or foe I n't care who knows it. •nethinr has to be donel I'm enelkine ahots hant+nv_ with been pushed, hit or wind blown into them. I'm sure others have the same experience. I would campaign for any leg - a sizable deposit on carts. Let's say for example a$ 10 deposit and when you return the cart your deposit is refuns an addi- I guess we just get scratched and bit a little but we still retum the carts. 0 M E M O R A N D U M April 7, 1994 TO: John Rodeberg and Steve Madson FROM: Marilyn J. Swanson SUBJECT: Petitions for Four -Way Stop on Corner of Fifth Avenue & Harrington Street A lady called me earlier this week regarding her concern that a four -way stop be placed on the corner of Fifth Avenue and Harrington Street. I suggested she submit a letter to the City Council. The attached petitions were delivered to City Center this morning. It is my intention to include this item on the agenda for April 12 Council meeting. If you have any comments or recommendations regarding this request, please submit them to me so that I can pass the information on to the City Council. Thank you. CC: Gary D. Plotz Mayor Marlin Torgerson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 Printed an re,'rrled parer 6-A' Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)587 -6427 We the citizens of the neighborhood of Fifth Avenue and Harrington Street, would like to request that a 4 -way stop be placed on the corner of Fifth and Harrington. There are many young children in this neighborhood as well as much pedestrian traffic (bikers, rollerbladers, and walkers) due to the location of the LITTLE STORE on the corner of Fifth and Harrington. This corner is more dangerous than most due to the topographical design of Fifth Avenue as it comes off Dale Street. The hill that goes from Dale Street to Harrington Street on Fifth Avenue makes it difficult for cars to see small children crossing near that corner. In addition there are frequently cars that travel very rapidly over that hilt making it even more difficult to stop in time. Thank you for considering the importance of this issue before it is too late! 1. j I3 4. G-- 5. CC.0 6. 7. 8. 9. Saar 10.�/E • 11. �$G2t �Jc2�Ku c� 12. 13. -� + 14. el1 cN C9Lk�- 15. 16. J/ca1�jL 17. a (a ti vc 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. �-A We the citizens of the neighborhood of Fifth Avenue and Harrington Street, would like to request that a 4 -way stop be placed on the corner of Fifth and Harrington. There are many young children in this neighborhood as well as much pedestrian traffic (bikers, rollerbladers, and walkers) due to the location of the LITTLE STORE on the corner of Fifth and Harrington. This comer is more dangerous than most due to the topographical design of Fifth Avenue as it comes off Dale Street. The hill that goes from Dale Street to Harrington Street on Fifth Avenue makes it difficult for cars to see small children crossing near that corner. In addition there are frequently cars that travel very rapidly over that hill making it even more difficult to stop in time. Thank you for considering the importance of this issue before it is too late! 2. 3. 4. 5. 25. 26. 27. 28. 29. 30. APg1994 By R... n U 0 A I DAVID B. ARNOLDI GARY D. A. AND E STEVEN A. ANDERSS ON O. BARRY ANDERSON STEVEN S. HOGE LAURA R. FRETLAND DAVID A. BRUEGOEMANN PAUL. D. DOVE • - JOSEPH M. PAIEMENT RICHARD G. Mc GEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOL.D I AL40 ADMITTED IS T.NAS AND NL E.N. IAISO ADMITTED IN IIISCOYSIY ARI OLD & McDOwELL ATTORNEYS AT LAW 5881 CEDAR LAKE ROAD l� OF COUNSEL WILLIAM W. CAMERON f�11 RAYMOND C. LALLIER MINNEAPOLIS, MINNESOTA 55416 -1492 1 801 SOUTH FOURTH STREET (6121 545-9000 INC ETON MINNESOTA 55071 Gary D. Plotz, City Administrator City of Hutchinson City Center 111 Hassan Street S.E. Hutchinson, MN 55350 RE: HCVN Lease Our File No. 3244 -92054 Dear Gary: MN 101E FREE 800- OJO-4545 � � '6121389-2214 N-4 PAX 161E, 348 -1>90 ^ `, `- FAX 96120 089 -5SOG 101 PARE PLACE HUTCHINSON, 351 �8>3 A 88050 March 30, 19 �V FAX 1612, 587-4096 110W A1 . I write to you today in my capacity as a volunteer member of the Board of Directors of Hutchinson Community Video Network Inc. As you know, improvements have begun on the space which the city proposes to lease to HCVN. I thought I would bring you up to date on the construction now underway and also outline some thoughts regarding the proposed lease arrangement. HCVN, Inc. has secured bids for the necessary improvements to the space. As you may recall, the original proposal as presented to the City Council, strictly on a for your information basis, contemplated total improvements exceeding $40,000.00. The cost of the improvements has now been reduced to $20,000.00 or less and the cost is composed of the following elements: 1. Construction cost for walls, partitions and the like: $13,350.00 (contractor Tom Christianson); 2. Electrical work consisting of conduit around the space affixed to cement block: $3,000.00 (electrician Rod Portele); 3. Plumbing work consisting of modifications to the sprinkler system required by the building inspector and the necessary plumbing for bathroom facilities: $2,785.00. In addition, 1 am providing to you a drawing of the premises which reflects the general outline of the proposed improvements. I do want to bring to your attention the doorway on the north side of the building which will provide an entrance to the HCVN space. A ramp or other • suitable entrance will need to be constructed because the doorway is higher than the adjacent ground. This issue is discussed in little greater detail below. 'CERTIFIED AS A CR91 TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 1 Gary D. Plotz March 30, 1994 . Page 2 As to the term of the lease, the City Council was uncomfortable with a long term lease because of the possibility that the city may need the space. With that understanding in mind, HCVN, Inc. would propose a five year lease on the space with the lease to roll over on a one year, annual, basis thereafter. This would give HCVN enough time to amortize the costs of the improvements and it also provides some assurance that the city could acquire the space with no more than a one year notice if the space was needed for some other reason at the end of the five year period. (Moving studio equipment is not the problem in relocating the facility; the problem is access to the necessary cable facilities that can make relocating difficult and thus my proposal for a one year notice at the end of the five year lease. Obviously, HCVN is open to any other reasonable suggestions the city may have regarding the length of the lease and notice.) This leads to the final issue. At one point, there was discussion regarding the possibility of the city paying or financing these improvements. I would propose that the city loan to HCVN the sum of $20,000.00 to construct the improvements since many of the improvements will be the prope y o e city w en and t the city elects to acquire the s ace. The land would be amortize3 at erther no or very ow interest over a peno o five years. Alternatively, the . $20,000.00 could be viewed as an advance on franchise fees to be paid in future years to HCVN with HCVN then having the option of whether or not it wishes to pay the advance back or to simply reduce its future franchise payment. The latter approach might be cleaner in that it is, in effect, not an obligation owed by HCVN and does not need, at least in my view, to be carried as a loan. I would request that this matter be placed on the agenda at the next regularly scheduled City Council meeting. Thank you. Very truly yours, ARNOLD Enclosure L� N i l l lkDw'Inv I -� - 4 i q, EnUIFNIEN-r L ;CKEKS E, S"(UDIa ,— riO ILET- Dre54jmc.'ooM F. Mn��erCo►,iro1'fSVNSEd� lnv �'� Vks DUbb'In[r �\ G; �fdm, �FFi�2 � P� V? Pln) bncl� . I rL I + lele�e�� D• '►nN� L_, b m v Cem,,,t Pl�ock 150' -0" v1 Ca1vaIK { 1 noN �I q .LV• i I �\ ` ti _ G nF ay o �r1 " o ` 11Fy i c JI 1314 clu AL d a� �. <'g•'1 1 TTY✓' �� lJ {�� 'VI�11 � � /s,�� G.'• ' GIRC.ULATION 5` 146 r 5TAF-F m COMMONS EA-5 IB 1- �5 L1 153 0 0 Crary Plotz City of Hutchinson 111 Hassan Street Hutchinson Jaycee Water Carnival P.O. Box 624 Hutchinson. Minnesota 55350 Hutchinson, Minnesota 55350 March 28, 1994 I would like to take this opportunity to thank you for your continuous support of the Annual Jaycee Water Carnival. The financial support you pro-Ode is very vital to the success of the Water Carnival. Your contribution is not only appreciated by the Jaycees, but by the community at large. This year we are celebrating our 52nd Annual Water Carnival, which will be held June 16 - 19, 1994. We will continue the tradition of having a great parade and fabulous fireworks. We hope to bring back events such as the 10K run and two mile, or Fun Run In addition to this, we'd like to expand by having the following new events: an outdoor dance on Saturday night, jet ski competition on the Crow River, hot air balloon rides, pony rides, a family music concert, kids' fest, roller blade contest, a garden tractor pull, and sand volleyball. We anticipate maintaining the event's high quality level as we promote and enlarge this fantastic community celebration, which brings 15 - 20,000 people to Hutchinson throughout the weekend, and allows us to showcase what Hutchinson has to offer. However, this can only be done with the continued support of you and the entire Hutchinson community. As this annual event brings thousands of people to Hutchinson each year, patronizing all businesses and/or the business climate, we look to the various businesses/organizations for a financial contribution For this reason, «e are requesting a donation of $1,500.00 as your commitment to supporting and participating in this years ty celelaa��tnon.As a significant oonor, you will oe recogruzea as an evem sponsor ana or sponsoring a nit. I�t a so enables you to have your own unit m the parade, if you wish to do so, promoting your entity, establishment, or organization. Your commitment to participate in the 1994 Hutchinson Jaycee Water Carnival can be solidified by forwarding your donation by May 1, 1994. If you should have any questions or need additional inforrnation, please feel free to contact me. Sincerely, Brent D. Schmeling, Commodore Hutchinson Jaycee Water Carnival 700 South Grade Road Hutchinson, Minnesota 55350 612/587 -8800 April B. 1994 C. MEMO SUBJECT: HUTCHINSON JAYCEES WATER CARNIVAI, REQUEST Our budget for 1994 contains $1,000 for the water carnival contribution. This is the same amount that was budgeted and transferred in 1993. City Hall 37 Washington Avenue West (612) 587 -5151 Parks £r Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on mcgdcd paper - Police Department 10 Franklin Street South (612) 587 -2242 9- 0 I IONSUMANCEPLANNERS RS January 26, 1994 Mr. Ken Merrill City of Hutchinson Ill Hassan Street South Hutchinson, Minnesota 55350 RE: LMCIT Open Meeting Law Defense Cost Coverage Ken: The above coverage has been made available to member Cities by the LMCIT just recently. At the Cities direction our office secured a quote from Berkley. The annual premium for this coverage for the City of Hutchinson is $2,252. Enclosed is a copy of the League announcement of coverage, Is availability and a brief background on the need and development of the coverage. our office has also secured a copy of the contract fcr your review. is I can recall a few instances where the Leader went to court taking us to task on the cpen meeting law. I£ memory serves me correctly nothing came of those incidents. Please advise me if you wish to pursue coverage or if you wish me to assist in your evaluation of the need for coverage. Si cerely��//�� W Dennis W. Potter DWP /slb Enclosures: cc: Mark Flaten 9 -6 t 135 Third Avenue Southeast Hutchinson, Minnesota 55350 587.2299 League of Minnesota Cities 3490 Irangtaa Avem s Nmth St. Paul, WN 55126" (612) 490M OPEN MEETING LAW DEFENSE COST REIMBURSEMENT COVERAGE NOW AVAILABLE Beginning November 15, 1993, LMCIT is offering an new Open Meeting Law Defense Cost coverage. This optional coverage will reimburse city officials for So% of the legal costs they incur to defend themselves if they are charged with violating the Open Meeting Law. This new coverage is quite different from anything LMCIT (or anyone else, for that matter) has done before. We'll try in this memo to answer some of the questions that will come up when city officials are deciding whether this coverage makes sense for their city. I. why is this needed? Doesn't our existing LMCIT coverage apply to Open Meeting Law claims? Generally, no. The LMCIT liability coverage is designed to respond to claims for damages. The Open Meeting Law doesn't provide for damages; it provides for a $100 civil penalty, and loss of office for repeated violations. Fines and penalties are not "damages" for purposes of the liability coverage, and LMCIT therefor generally has no duty to get involved in defending Open Meeting Law charges under the liability coverage. The only exception is if the Open Meeting Law charge is combined with a claim for damages that is covered under the liability coverage. For instance, if an employee brought a wrongful termination action against a city, the employee might also charge that there was a violation of the open meeting law as part of the termination process. In that case, LMCIT would be responsible for defending the entire litigation - the Open Meeting Law charge as well as the covered liability claim. But an Open Meeting Law charge by itself is not a claim for damages, and the LMCIT liability coverage would therefor not respond. II. Why provide coverage for this type of exposure? One of LMCIT's member cities asked the Trust Board to consider adding this kind of coverage. The request grew out of an instance in which several council members incurred very substantial legal bills defending themselves against an Open Meeting Law charge. The Trust Board recognized that defending an Open Meeting Law charge can cost a city official a lot of money. Defense costs are often the most significant financial consequence of these . lawsuits, while the statutory penalty of $100 might be relatively minor, defense costs can easily run to thousands of dollars. And those costs are incurred whether or not the official is ultimately found to have violated the law. The Board acted on the assumption that most violations of the law are inadvertent and may even be on the advice of an attorney. The Board also realized that is easy for somebody to make an accusation of an Open Meeting Law violation, forcing the city council member to expend significant sums to defend him /herself regardless of the merits of the allegation. The threat of that kind of litigation could even be used as a tactic to intimidate or coerce council members in some cases. Finally, the Board assumed that most city councilmembers act in good faith and try to comply with the law. But sometimes even these best faith efforts are not enough to head off an Open Meeting Law lawsuit. III. Why should public funds be used to pay for defending someone who actually did violate the Open Meeting Law? Doesn't this encourage city officials to violate the lap? The legislature has spelled out in the statute what the penalties are for violating the law: a $100 civil penalty, potential loss of office for repeated violations, and possibly an award of the plaintiff's attorneys' fees in some cases. If the individual has to pay for his /her own defense costs as well, the real monetary penalty to the individual can be many times greater that the penalty the legislature provided in the statute. And how much those defense costs are may not have much relation to how serious the violation was. If more serious penalties are needed to deter violations, the legislature can change the statutes. That makes more sense than relying on defense costs as a kind of hidden penalty that might be wildly disproportionate to the seriousness of the offense, and are incurred even if there was no offense. IV. Why is the coverage optional? Why not simply provide it as a standard part of the liability coverage? The LMCIT Board recognized that there are good public policy reasons why a city might want to protect its officials from this risk. But the Board also recognized that some cities might consider it inappropriate to use their taxpayers' funds for this purpose. Making the coverage optional lets each city make this call for itself. L V. what does the Open Meeting Law Defense Cost Reimbursement Agreement cover? Under the new coverage, LMCIT will reimburse a city official for 80% of the defense cost incurred by the city official in defending an Open Meeting Law lawsuit. The Open Meeting Law Defense Costs Reimbursement Agreement is limited to $20,000. This is the most LMCIT will reimburse any one city official for defense costs for Open Meeting Law lawsuits commenced during the term of the coverage agreement, regardless of the number of lawsuits or the number of actual alleged violations. VI. what doesn't it cover? There are two major kinds of costs for which this coverage would not reimburse the official: 1. Any fine or penalty for violating the open meeting law. 2. Any award that orders the city official to pay for the opposing party's attorney's fees. As an example, suppose a newspaper is successful in bringing an open meeting claim against a city official. The judge awards a $100 penalty against the official and also orders the official to pay the attorneys fees incurred by the newspaper in bringing the claim. The new coverage would not pay or reimburse either the penalty or the attorneys fees awarded. Note too that this coverage would not cover any legal costs that the city might incur if the city itself were a party to the Open Meeting Law litigation - unless, of course, it was part of a suit that also included a covered claim for damages, as discussed earlier. vii. Now will the open Meeting Law Defense Cost Reimbursement Agreement work? The coverage is significantly different from other coverage provided under the standard LMCIT coverage agreements in a couple important ways. First, unlike LMCIT's liability coverages, the Open Meeting Law coverage does not pay the legal costs on the city official's behalf. Instead, LMCIT will reimburse the city official for 803 of those costs, to a maximum of $20,000, after the official has incurred those costs. The city official remains responsible for paying his /her defense attorney, including the 203 which LMCIT will not reimburse as well as any costs over $20,000. 0 Second, the city official retains control of the litigation. The city official makes the decisions on what attorney to hire, . whether to settle or compromise the litigation, whether to appeal, etc. The coverage is triggered when a lawsuit is served on the city official alleging a violation of the Minnesota Open Meeting Law. If a lawsuit is filed during that term of the agreement, the city official has to do two things: 1. Notify LYCIT of the litigation; and 2. Select defense counsel. VIII. Now much will this coverage cost? Initially, we'll be basing the charge for this coverage on the premium for the city's liability coverage. Generally, the cost will be 1.5$ of the liability premium, subject to a $500 minimum premium. In an individual city's case the premium could be somewhat higher if in the underwriter's judgement there is a substantially higher risk of Open Meeting Law claims in that city, though we expect this to be rare. IX. Now do we go about adding this coverage for our city? Have your agent contact LMCIT's underwriters at Berkley Risk Services and ask for an application form. The underwriters will be able to return quote fairly quickly. Z. Whom can we call if we have other questions? If you need additional information or have other questions, you can contact Tom Grundhoefer or Pete Tritz at the League office, or call the underwriter at Berkley Risk Services who handles your city. we'd also appreciate any comments or suggestions city officials have for ways this coverage could be improved, or for any other changes cities would like LMCIT to consider. 11/17/93 Pi JAN-20 -1994 14:34 FPp1 TO 9158708M P.@2 5105el f Ai Ell Agreement Number. Agreement DeclartiWo League of Mbltoeeoh Cities III I OML. Open Meeting Law Defense Cori Relmberaamest Agreement Is Provided By: THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (Hereln celled LMCIT) Previous Agreement Number-. Claims -Made Item 1. COVERED PARTY AND MAILINC ADDRESS: Item 2. AGREEMENT TERM: F�: Item 3. RETROACTIVE DATE: T« Item 4. THE COVERED PARTY 18: City — Joint Powers Entity _ Other (Describe) 1381 AM aandd 711ft t MAWOS Addnw bAMW AMw. Item S REIMBURSEMENT LIMITS: A "Reimbunable Cow ": MAXIMUM 1. Defense Cow Per Lawsuit Per Official: S 20,000 2. Agreement Term Aggregate Per Official: S 20,000 Item 6. CHARGE: Item 7. FORMS AND ENDORSEMENTS APPLICABLE TO AGREEMENT: Lmcrr be"I9 (11 -93) 0 Aft WW by 9ft"f Ride ger"W . 106 9-d r OPEN MEETING LAW DEFENSE COST REIMBURSEMENT AGREEMENT L OPEN MEETING LAW DEFENSE COST COVERAGE LAfCTrwill reimburse a dry official Aw 30 pelts t of the d4f"m costs inoarred by the city o, fidal in defeadiag en Open Meeting Law lawsuit, if the foflowins conditions are met: I. The date on which the Open Meeting Law lwsait is commenced mast be within the tars of this agreement; and 2. The date on which the violation took place or h alleged to have taken place mast be on or after the retroactive date, if any, shown in the Declarations. An Open Meeting Law lawsuit is deemed to be commenced on the date the city official is saved Motion of the lawsuit. IL LIMITS The Open Meeting Law Defense Cost Raimbursement Ageeameut Limit is $20,000. This is the most LMCIT will reimburse any one city official for defense costs for Open Meeting Law Iwstttts commenced during the term of this agreement, regardless of the number of lawsuits, the number of actual or alleged violations, or the date the defense costs are actually incurred. III. CONDITIONS AND EXCLUSIONS L The term of this Agreement shall be one yea beginning with the effective date stated in the DeclWVdO11s. Subsequent renewals of this Agreement shell be treated as separate terms. 2. LMCIr shall have no duty to provide a defense to a city official with respect to ■ legal action against that city Official seeking penalties band upon an alleged U#CTT OWLMA -1 (11 -97) Violation of the Minnesota Open map Law; however; LAWJT shall Dave the right sO into - el a at its expanse in the investigation or defense of an" legal action. 3. The city or the do• official shall sire prompt notice to LMC[T of any actual or threatened legal notion against the city Official seeking penalties against the city offia/al for a alleged violation of the Minnesota Open Meeting Law. 4. The city and the dry official shall at all times cooperate with and promptly respond to LAfCIT's' requests for information, investigative data, records, or any other material documentation. S. The cry official will be roimbarsed only for Ajbw costs henrrod with suspect to legal services actually readered and expanse seeraliy incurred. 6. The dry off fatal shall have complete fieedos to choose an mtoraey licensed in 6103 e o Minnesota to provide the city oplcia! wt legal services with map= to which cons are reimbursable under this AsreomexL 7. It is the express intent of rho parties b this Agreement that neither the city nor the city official waive any immunities, defenses, or limitations on liability available aader Minnesota satates or common law. S. LAlCIT may oancei this Agreement by malting or delivering written notion w the city at least. a Tea (10) days before the effective date of cancellation for nonpayment of the charge for this Agro msem or b. Thirty (30) days before the effective 1 #1`2 9 --c 0 0 JW4--1d-11Jt*4 14 :-Z ri4,1 .gpE�rtisEN date of caaoeliation for any other reason. If LMCIT decides not to renew this Agreement, LUCIT will mail or deCavar to the city written notice of sonrenswai not less than thirty (30) days before the expiration date. 9. It is mutually understood and agreed that the city and all other LA(CJT pool participants are jointly and severally liable for all claims and sutpeases of the pool. The amount of any liabilities in execs of assets may be assessed to LMCIT pool participants when a deficiency is identified. IV. A$F)NUTONS 1. "Open meeting Law lawswr means a lawsuit se"s penalties against a city ofjltfal hued on an allegation that the oily LUMT OnastA -t (nas) u� ofjletal has violated M.S. #471.703, commonly known as the Minnesota Open Moods$ Law. 2. "Clry" means Ott arty or other governmental body or entity fiat named In the Declarations. 3. "Ds1~ ports' means reasonable and nseeaaary Mersey fees, ova t costs, on" reporter and trwseript #tern, general witness and expert witness fen and expense, and similar defense related costs. Defuses torts does mot include nay lima or penalties, or any attornry's tees awarded to a plaintiff in a suit charging a violation of the Open Meeting Law. 4. 'City official" zoem any former or pretest elected or appointed official of the dry or any present or former employee of the city. S. •LAdr- ' means the League of Minnesota Cities Insaranse TruL r er t TOTAL P.04 • RESOLUTION NO. 101x1 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 2 PROJECT NO. 94 -02 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of Lots 1 thru 5 /131ock 1, Lot I/Block 2, Lots 1 thru 13 /131ock 3, Lots 1 thru 8B1ock 4, and Lots 1 & 2 /Block 5, in Walnut Ridge Estates by the construction of 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 10:00 AM on Friday, May 6th, 1994, 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 Tuesday, May 10th, 1994, 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 12th day of April, 1994. Mayor City Administrator 9--7z • RESOLUTION NO. 10182 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 5 PROJECT NO. 94 -05 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of South Grade Court and West Shore Drive in Island View Heights First Addition by construction of storm sewer, sanitary sewer and services, watermain and services, 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 10:00 AM on Friday, May 6th, 1994, 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 Tuesday, May 10th, 1994, 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 10th day of April, 1994. Mayor 0 City Administrator 9 -� RESOLUTION NO. 10183 RESOLUTION APPROVING PLANS AND SPECIFICATIONS • AND ORDERING ADVERTISEMENT FOR BIDS • LETTING NO. 8 PROJECT NO. 94 -08 & 94 -09 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of. Project No. 94 -08: Lincoln Avenue from Lynn Road to Harmony Lane and Harmon Lane from Lynn Road to 2nd Avenue SW by the construction of storm sewer, sanitary sewer, sewer services, watermain, water services, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing and appurtenances; Project No. 94 -09: Arch Street from 2nd Avenue SE to 4th Avenue N.E. and 4th Avenue N.E. from Arch Street to Bluff Street by construction of storm sewer, sanitary sewer, sewer services, watermain, water services, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing and appurtenances and construction of the Luce Line Trail 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 10:00 AM on Friday, May 13th, 1994, 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 Tuesday, May 24th, 1994, 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 12th day of April, 1994. City Administrator Mayor 9 -F RESOLUTION NO. 10184 • RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO. 9 PROJECT NO. 94 -26 WHEREAS, it is proposed to improve South Park Water Storage Tank Entmce Road by construction of grading, gravel base, bituminous surfacing and appurtenances. WHEREAS, it is proposed to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement be referred to the Director of Engineering for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 12th day of April, 1994 . • City Administrator • Mayor 1'-g- CITY OF HUTCHINSON . 37 WASHINGTON AVENUE WEST HUTCHINSON, MN 55350 ENGINEER'S REPORT DATE: April 12, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Letting No. 9, Project No. 94-26 • u I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. Project No. 94 -26 : South Park Water Storage Tank Entmce Road by construction of grading, gravel base, bituminous surfacing and appurtenances. Construction Cost $ 5.000.00 Engineering/Administration (16 %) $ 800.00 Fiscal /Legal /Capitalized Interest (8 %) $ 400.00 ESTIMATED TOTAL ----------------------- - - - - -- $ 6.200.00 Assessable Cost Deferred Assessable Cost City Bonded City Other Funds MSA MNDOT ESTIMATED TOTAL * Water Fund JPR/PV $ 6.200.00 $ 6.200.00 RESOLUTION NO. 10185 RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT LETTING NO. 9 PROJECT NO. 94 -26 WHEREAS, pursuant to a resolution of the Council adopted April 12th, 1994, a report has been prepared by the Director of Engineering, with reference to the improvement of South Park Water Storage Tank Entrnce Road by construction of grading, gravel base, bituminous surfacing and appurtenances. Said report was received by the Council on April 12th, 199. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $6,200.00. 2. Inasmuch as said improvement is total City cost, hearing is waived. Adopted by the Hutchinson City Council this 12th day of April, 1994. • City Administrator 0 Mayor �—is, RESOLUTION NO. 10186 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 9 PROJECT NO. 94 -26 WHEREAS, a resolution of the City Council adopted the 12th day of April, 1994, waived hearing on the improvement of South Park Water Storage Tank Entrance Road by construction of grading, gravel base, bituminous surfacing and appurtenances. 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 12th day of April, 1994. 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 12th dayof April, 1994. City Administrator 40 Mayor RESOLUTION NO. 10187 • RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 9 PROJECT NO. 94- 10/94 - 11/94- 12/94- 13/94 - 14/94- 15/94- 16/94 - 17/949 -26 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of: Project No. 94 -10: Replace displaced and broken sidewalk in various areas of the City. Project No. 94 -11: Municipal Parking Lots A & B by construction of storm sewer, grading, gravel base, concrete curb and gutter, bituminous wear course, bituminous overlay and appurtenances. Project No. 94 -12: City Center Parking Lot (111 Hassan St SE) by construction of bituminous overlay and appurtenances. Project No. 94 -13: Cheyenne Street from Sunset Street to Cleveland Avenue by construction of bituminous overlay and appurtenances. • Project No. 94 -14: Park Island Drive from McDonald Drive to South Termini by construction of bituminous overlay and appurtenances. • Project No. 94 -15: Arizona Street from Carolina Avenue to School Road and Carolina Avenue from School Road to Arizona Street by construction of bituminous wear course and appurtenances. Project No. 94 -16: Sherwood Street & Elk Drive SE in Schmidtbauer's 4th Addition - Phase 1 by construction o bituminous wear course and appurtenances. Project No. 94 -17: 7th Avenue NW from Colorado Street to School Road by construction of bituminous wear course and appurtenances. Project No. 94 -26: South Park Water Tower Access by construction of bituminous paving 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. 9 -G. Resolution No. 10187 • Letting No. 9 Page 2 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 10:00 AM on Monday, May 9th, 1994, 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 Tuesday, May 24th, 1994, 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 12th day of April, 1994. Mayor City Administrator • 1J PETITION FOR LOCAL IMPROVEMENT • LETTING NO. 10 PROJECT NO. 94 -18 TO THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: We, 100% owners of real property known and described as Lots 1 thru 11 /Block 1 and Lots 1 thru 10 /Block 2 in Parkside 2nd Addition, hereby petition that such property be improved by construction of storm sewer, sanitary sewer, sewer services, watermain, water services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances, pursuant to Minnesota Statutes, Chapter 429. TWIN PORT DEVELOPMENT COMPANY Lots 1 thru 11 /Block 1 and Lots 1 thru 10/Block 2 in Parkside 2nd Addition Steven Parks, President of Twin Port Dev. Co. Lots 1 thru I1 /Block 1 and Lots 1 thru 10 /Blo k 2 in Parkside 2nd Addition Frank A. Spartz, Mortgagee • I have caused an examination to be made of the records provided by the County of McLeod, in order to ascertain the names and addresses of each person, firm or corporation having an interest in each lot, tract or parcel for which improvement is requested and against which a special assessment will be made for the entire cost of the improvement. After making search and inquiry, I am unable to find any other persons, firms or corporation who have interest other than those listed. To my best knowledge, the persons herein named are all the owners of properties affected by the petitioned improvement. Dated: • CITY OF HUTCHINSON qn AGREEMENT OF ASSESSMENT AND • WAIVER OF HEARING, IRREGULARITY AND APPEAL LETTING NO. 10 PROJECT NO, 94 -18 This Agreement, is made this 12th day of April, 1994, between the City of Hutchinson, State of Minnesota, hereinafter referred to as the City and Twin Port Development Company, a Minnesota Corporation, Fee Owner, Steven Parks its President, hereinafter referred to as Owner and Frank A. Spartz, Mortgagee. In consideration of the action of the City Council, at the owner's request to cause the improvement of Lots 1 thru I1 /Block 1 and Lots 1 thru 10 /Block 2 in Parkside 2nd Addition by the construction of storm sewer, sanitary sewer, sewer services, watermain, water services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances, and to assess the cost of said improvements to the Owner, the Owner agrees to pay said costs less City contribution, as may be determined by the Council of the City to be a fair apportionment of the costs of said improvement not to exceed $ over a period of ten years. Owner expressly waives hearing and objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with all rights to appeal in the courts. In testimony, whereof, Steve Parks, President of Twin Port Development Company, a Minnesota Corporation and Frank A. Spartz, Mortgagee have hereunto set their hands, the day and year first above written. • Owners: In Presence of: TWIN PORT DEVELOPMENT COMPANY Steven Parks, President of Twin Port Dev. Co. Frank A. Spartz, Mortgagee Mayor 11 CITY OF HUTCHINSON City Administrator #' RESOLUTION NO. 10188 • RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF ENGINEERS REPORT LETTING NO. 10 PROJECT NO. 94 -18 WHEREAS, a certain petition requesting the improvement of Parkside 2nd Addition from McDonald Drive to Roberts Road by construction of storm sewer, sanitary sewer, sewer services, watermain, water services grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances, was duly presented to the Council on the 12th day of April, 1994; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA; 1. Said petition is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. • 2. The petition is hereby referred to the Director of Engineering and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 12th day of April, 1994. City Administrator • Mayor i CITY OF HUTCHINSON . 37 WASHINGTON AVENUE WEST HUTCHINSON, MN 55350 ENGINEER'S REPORT DATE: April 12, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Letting No. 10, Project No. 94 -18 • • I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. Project No. 94 -18: Parkside 2nd Addition from McDonald Drive to Roberts Road by construction of storm sewer, sanitary sewer, sewer services, watermain, water services grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances Construction Cost Engineering/Administration (16 %) Fiscal /Legal /Capitalized Interest (8 %) ESTIMATED TOTAL ------------ - - - - -- Assessable Cost Deferred Assessable Cost City Bonded City Other Funds MSA MNDOT ESTIMATED TOTAL JPR/PV $ 117.000.00 $ 18.600.00 $ 9.400.00 $ 145.000.00 $ 145.000.00 $ 145.000.00 9 -#. RESOLUTION NO. 10189 • RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT LETTING NO. 10 PROJECT NO. 94 -18 WHEREAS, pursuant to a resolution of the Council adopted April 12th, 1994 , a report has been prepared by the Director of Engineering, with reference to the improvement of Parkside 2nd Addition from McDonald Drive to Roberts Road by construction of storm sewer, sanitary sewer, sewer services, watermain, water services grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances. Said report was received by the Council on April 12th, 1994. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $145,000.00. 2. The Petition and Agreement of Assessment and Waiver of Hearing is hereby declared . to be signed by the required percentage of owners affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 3. Public hearing on said improvement is hereby waived. Adopted by the Hutchinson City Council this 12th day of April, 1994. City Administrator • Mayor RESOLUTION NO. 10190 • RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 10 PROJECT NO. 94 -18 WHEREAS, a resolution of the City Council adopted the 12th day of April, 1994, waived Public Hearing on the improvement of Parkside 2nd Addition from McDonald Drive to Roberts Road by construction of storm sewer, sanitary sewer, sewer services, watermain, water services 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 improvement is hereby ordered as proposed in the resolution adopted the 12th day of April, 1994. 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 12th day of April, 1994. City Administrator • Mayor 9- // AGREEMENT OF ASSESSMENT AND • WAIVER OF HEARING, IRREGULARITY AND APPEAL LETTING NO. 10 PROJECT NO. 94 -25 This Agreement, is made this 12th day of April, 1994, between the City of Hutchinson, State of Minnesota, hereinafter referred to as the City and Richard Schmidtbauer and Beatrice Schmidtbauer, husband and wife, hereinafter referred to as Owner. In consideration of the action of the City Council, at the owner's request to cause the improvement of Orchard Avenue, Bradford Street and Sherwood Street in Lots 1 thru 6 /Block 3, Lots 1 thru 5 /Block 4 and Lots 1 and 2 /Block 5 in Schmidtbauers 4th Addition by the construction of storm sewer, sanitary sewer, sewer services, watermain, water services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances, and to assess the cost of said improvements to the Owner, the Owner agrees to pay said costs less City contribution, as may be determined by the Council of the City to be a fair apportionment of the costs of said improvement not to exceed $ over a period ten years. Owner expressly waives hearing and objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with all rights to appeal in the courts. In testimony, whereof, Richard Schmidtbauer and Beatrice Schmidtbauer, husband and wife, of Hutchinson, Minnesota, have hereunto set their hands, the day and year first above written. Owner: In Presence of: r 1 Richard Schmidtbauer Beatrice Schmidtbauer Mayor • CITY OF HUTCHINSON City Administrator PETITION FOR LOCAL IMPROVEMENT . LETTING NO. 10 PROJECT NO. 94 -25 TO THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: We, 100% owners of real property known and described as Orchard Avenue, Bradford Street and Sherwood Street in Lots 1 thru 6 /Block 3, Lots 1 thru 5 /Block 4 and Lots 1 and 2/Block 5 in Schmidtbauers 4th Addition, hereby petition that such property be improved by construction of storm sewer, sanitary sewer, sewer services, watermain, water services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances, pursuant to Minnesota Statutes, Chapter 429. Lots 1 thru 6 /Block 3, Lots 1 thru 5 /Block 4 and Lots 1 and 2 /Block 5 in Schmidtbauers 4th Addition Richard Schmidtbauer • Lots 1 thru 6 /Block 3, Lots 1 thru 5 /Block 4 and Lots 1 and 2 /Block 5 in hmidtba r 4th Addition Beatrice Schmidtbauer I have caused an examination to be made of the records provided by the County of McLeod, in order to ascertain the names and addresses of each person, firm or corporation having an interest in each lot, tract or parcel for which improvement is requested and against which a special assessment will be made for the entire cost of the improvement. After making search and inquiry, I am unable to find any other persons, firms or corporation who have interest other than those listed. To my best knowledge, the persons herein named are all the owners of properties affected by the petitioned improvement. Dated: • CITY OF HUTCHINSON q—#, RESOLUTION NO. 10191 • RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF ENGINEERS REPORT LETTING NO. 10 PROJECT NO. 94 -25 WHEREAS, a certain petition requesting the improvement of Orchard Avenue, Sherwood Street and Bradford Street in Lots 1 thru 6 /Block 3, Lots 1 thru 5 /Block 4 and Lots 1 and 2 /Block 5 in Schmidtbauers 4th Addition 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, was duly presented to the Council on the 12th day of April, 1994; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA; 1. Said petition is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. • 2. The petition is hereby referred to the Director of Engineering and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 12th day of April, 1994. City Administrator • Mayor — RESOLUTION NO. 10192 RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT LETTING NO. 10 PROJECT NO. 94 -18 WHEREAS, pursuant to a resolution of the Council adopted April 12th, 1994 , a report has been prepared by the Director of Engineering, with reference to the improvement of Orchard Avenue, Sherwood Street and Bradford Street in Lots 1 thru 6 /Block 3, Lots 1 thru 5 /Block 4 and Lots 1 and 2 /Block 5 in Schmidtbauers 4th Addition 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 said report was received by the Council on April 12th, 1994. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $200,000.00. . 2. The Petition and Agreement of Assessment and Waiver of Hearing is hereby declared to be signed by the required percentage of owners affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 3. Public hearing on said improvement is hereby waived. Adopted by the Hutchinson City Council this 12th day of April, 1994. City Administrator Mayor • 0 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MN 55350 ENGINEER'S REPORT DATE: April 12, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Letting No. 10, Project No. 94 -25 I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. Project No. 94 -25: Orchard Avenue, Sherwood Street and Bradford Street in Lots 1 thm 6 /Block 3, Lots 1 thru 5/Block 4 and Lots 1 and 2 /Block 5 in Schmidtbauers 4th Addition 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, Construction Cost Engineering/Administration (16 %) Fiscal /Legal/Capitalized Interest (8 %) ESTIMATED TOTAL ------------ - - - - -- Assessable Cost Deferred Assessable Cost City Bonded City Other Funds MSA MNDOT ESTIMATED TOTAL JPR/PV $ 161.000.00 $ 26.000.00 $ 13.000.00 $ 200.000.00 $ 140.000.00 $ 60.000.00 $ 200.000.00 9N RESOLUTION NO. 10193 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 10 PROJECT NO. 94 -25 WHEREAS, a resolution of the City Council adopted the 12th day of April, 1994, waived Public Hearing on the improvement of Orchard Avenue, Sherwood Street and Bradford Street in Lots 1 thru 6 /Block 3, Lots 1 thru 5 /Block 4 and Lots 1 and 2 /Block 5 in Schmidtbauers 4th Addition 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. 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 12th dayof April, 1994. 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 12th day of April, 1994. City Administrator • Mayor q—#, RESOLUTION NO. 10194 • RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 10 PROJECT NO. 94- 18/94 - 19/94 -25 • WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of Project No. 94 -18: Parkside 2nd Addition from McDonald Drive to Roberts Road by construction of storm sewer, sanitary sewer, sewer services, watermain, water services grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances. Project No. 94 -19: McDonald Drive from 140' West of Jackson Street to a point 750' West of Jackson Street by construction of storm sewer, sanitary sewer, sewer services, watermain, water services grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances. Project No. 94 -25: Orchard Avenue, Bradford Street and Sherwood Street in Lots 1 thru 6/Block 3, Lots 1 thru 5/Block 4 and Lots 1 and 2/Block 5 in Schmidtbauers 4th Addition - Phase 3 by construction of storm sewer, sanitary sewer, sewer services, watermain, water services, 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 10:00 AM on Monday, May 9th, 1994, 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 Tuesday, May 24th, 1994, 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 12th day of April, 1994. City Administrator Mayor 9- #1 • C L J 0 M E M O R A N D U M DATE: April 6, 1994 TO: MAYOR AND CITY COUNCIL FROM: DOUG MEIER, MAINTENANCE OPERATIONS SUPERVISOR SUBJECT: RECOMMENDATION CONCERNING THE PURCHASE OF A TRACTOR WITH ATTACHMENTS FOR THE PARK DEPARTMENT On February 16, 1994 letters were sent to the following equipment distributors requesting quotes concerning the purchase of one (1) new 1994, John Deere tractor with attachments.: L & P Supply Company, Tepley Equipment and Litchfield Implement. The results are as follows: L & P Supply 1470 South Grade Road Hutchinson, MN 55350 One (1) new 955 Tractor with attachments Tepley Equipment Highway 212 Glencoe, MN 55336 One (1) new 955 Tractor with attachments Litchfield Implement Armstrong and Highway 24 Litchfield, MN 55355 One (1) new 955 Tractor with attachments Note: this bid was rejected due to incomplete bid proposal City Hall Parks &Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 $ 20,914.50 $ 22,113.25 bid rejected Police Department 10 Franklin Street South (612) 587 -2242 Hutchinson, Minnesota 55350 9' f - Printed on recycled pager - My recommendation is that L 6 P Supply be awarded the contract to supply one (1) new 955 John Deere Tractor with attachments to the City of Hutchinson • for a total bid price of $20,914.50 which was the lowest bid submitted. The 955 tractor will be replacing a 1979 John Deere tractor which will then be sold at the City auction. The 950 John Deere tractor was budgeted for replacement this year. cc: John Rodeberg Dolf Moon C-1 0 ARNOLD & McDOWELL ATTORNEYS AT LAS+ 101 PARK PLACE HL-TCHINsoN, MINNESOTA 55350-2563 (612) 587 -7575 FAX (612) 587 -4096 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY" G. BARRY ANDERSON April 8, 1994 Re: Trespassing Issues Our File No. 3188 -94255 Dear Gary: OF COUNSEL WILLIAM W. CAMERON RAYMOND C. I.At LIFE 5881 CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 800 -343 -4545 PAX(612)545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 FAX (612) 389 -5506 I am enclosing herewith a draft of the proposed ordinance, as well • as related documents necessary to implement the trespassing program for the City of Hutchinson. As you know, Gina Brandt, Chief Madson, and members of the Hutchinson Police Department have put together the framework of this program. Essentially, the City of Hutchinson becomes an agent of the property owner for the limited purpose of observing trespass violations and issuing citations under our local ordinance for the activity in question. Violations are treated first by the use of a warning, than by citation as a petty misdemeanor and lastly as a criminal violation at the misdemeanor level. I believe Chief Madson can speak with greater authority than myself on the need for the program and specific choices that were made in connection with the program. I would also note that Assistant City Attorney Gina Brandt will be present at the City Council meeting Tuesday evening to answer questions as well. Thank you for your time and attention to these matters. regards. Very truly yours, ARNOLD OWED • ✓ i G. B`a �r�And /son GBA:lm Enclosure, CEBTIFIED AS A CIVIL TBIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MLNESOTA STATE BAR ASSOCIATION Best —A /1 DAVID H.ARNOLD • GARY D. MCDOWELL N STEVE A. ANDERSON G.BARRY ANDERSON' STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD G. MCGEE CATHRYN D. REBER GINA M. BRANDT ARNOLD & McDOWELL ATTORNEYS AT LAS+ 101 PARK PLACE HL-TCHINsoN, MINNESOTA 55350-2563 (612) 587 -7575 FAX (612) 587 -4096 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY" G. BARRY ANDERSON April 8, 1994 Re: Trespassing Issues Our File No. 3188 -94255 Dear Gary: OF COUNSEL WILLIAM W. CAMERON RAYMOND C. I.At LIFE 5881 CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 800 -343 -4545 PAX(612)545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 FAX (612) 389 -5506 I am enclosing herewith a draft of the proposed ordinance, as well • as related documents necessary to implement the trespassing program for the City of Hutchinson. As you know, Gina Brandt, Chief Madson, and members of the Hutchinson Police Department have put together the framework of this program. Essentially, the City of Hutchinson becomes an agent of the property owner for the limited purpose of observing trespass violations and issuing citations under our local ordinance for the activity in question. Violations are treated first by the use of a warning, than by citation as a petty misdemeanor and lastly as a criminal violation at the misdemeanor level. I believe Chief Madson can speak with greater authority than myself on the need for the program and specific choices that were made in connection with the program. I would also note that Assistant City Attorney Gina Brandt will be present at the City Council meeting Tuesday evening to answer questions as well. Thank you for your time and attention to these matters. regards. Very truly yours, ARNOLD OWED • ✓ i G. B`a �r�And /son GBA:lm Enclosure, CEBTIFIED AS A CIVIL TBIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MLNESOTA STATE BAR ASSOCIATION Best —A /1 NO TRESPASSING SIGNS 0 A building owner can authorize the Hutchinson Police Department to enforce the trespassing ordinance (see ordinance below) in their building. To have the ordinance enforced, the owner must: • Sign an affidavit • Post the official "No Trespassing" signs To receive an affidavit and the official "No Trespassing" sign, contact Steve Madson, Chief of Police. Affidavits must be notarized unless signed in the presence of the police officer. If an owner has more than one building, a E rate affidavit for each building must be completed. The property owner c_ <- ::ietes the affidavit and returns it to the Hutchinson Police Department. After receiving the notarized affidavit from the owner, the Hutchinson Police Department will provide by personal service two "No Trespassing" signs at no cost. The owner posts the signs where they are easily visible to both trespassers and police. If the sign is not visible, police cannot enforce the ordinance. The Hutchinson Police will enforce no trespassing only in buildings which are posted with the HPD authorized "No Trespassing" sign. If additional signs are necessary, the owner may request an authorization from the police department to purchase these signs at owner's expense from supplier. • Officers who enforce the trespassing ordinance will: * Ask suspects what they are doing there * Point out the "No Trespassing" sign to the individual * Determine if suspect has reason to be on the property TD suspect and issue warning ell suspect to leave, if suspect * Arrest suspect, if suspect refuses one year. The police can only arrest They cannot arrest people who cannot be arrested for However, questioning by suspicious may discourage their guests. has no reason to be on property to leave or unlawfully returns within suspects in an area where the sign is conspicuous. who have just reason to be at the property. People trespassing include renters and guests of renters. officers and identifying individuals who are activity, even if being conducted by residents and IK • 10.45 Subd. 9. Trespassing upon the land of another. • a. No person shall intentionally trespass on the land of another and, without claim of right, refuse to depart therefrom on demand of the lawful possessor thereof or his agent. A demand to depart may be made as follows: (1) Orally, or in writing, by the lawful possessor or the possessor's agent; or, (2) By conspicuously posting at reasonable intervals signs which prohibit trespass on the affected land; or (3) By conspicuously posting at reasonable intervals signs which prohibit trespass on the affected land during certain hours. b. No person who has received a written demand to depart pursuant to clause (1) of paragraph (a) of this section shall reenter the lawful possessors land without the written permission of the lawful possessor or the agent providing said demand for a period of up to one (1) year from the date of the written demand, as provided therein. C. A second offense of this section within one (1) year from the date of first offense will be a misdemeanor. A building owner can authorize the Hutchinson Police Department to enforce • the trespassing ordinance by signing an affidavit to the effect. It shall be noted on this date , you were advised of the above ordinance. month /date /year If you return to the premise in the next year, the Hutchinson Police are authorized by the owner of this property to enforce this ordinance. Address of place you were trespassing Name and Driver's License # of Party Trespassing Date of Birth Name of Person Advising Police Case Number Signature of Person Receiving Warning • This form has (3) copies which will be provided to: (1) Offender, (2) Police Department, and (3) Juvenile's Parents (If Offender is under the age of 21). * WARNING IS VALID FOR ONE YEAR �j // AFFIDAVIT • Name of Business Property Address Owner /Representative Subpoena Address, Street City Zip Code Phone Hutchinson police officers are authorized representatives to enforce Minnesota statute 609.605, Subd. 1(b)(3) and Hutchinson city ordinance Section 10.45, Subd. 9, Trespass, and to warn and direct persons to leave the property and /or business known as located at Description of property or building Address Hutchinson, MN. This limited authority is granted to the Hutchinson Police Department by who is the of said property and /or business Title and who herein requests the officers to enforce said statute on said property, including the parking lots. This limited authority does not obligate the Hutchinson Police Department to patrol the described premises for or at any specific hours or days or to provide any general security services. It is acknowledged that I will aid in the prosecution of those persons arrested. Sworn and subscribed before me This day of Owner /Representative 19 Notary Public at Large, State of Minnesota My Commission Expires: • CI CITY OF HUTCHINSON TRESPASSING ORDINANCE 10.45 Subd. 9. Trespassing upon the land of another. • a. No person shall intentionally trespass on the land of another and, without claim of right, refuse to depart therefrom on demand of the lawful possessor thereof or his agent. A demand to depart may be made as follows: u • (1) Orally, or in writing, by the lawful possessor or the possessor's agent; or, (2) By conspicuously posting at reasonable intervals signs which prohibit trespass on the affected land; or (3) By conspicuously posting at reasonable intervals signs which prohibit trespass on the affected land during certain hours. b. No person who has received a written demand to depart pursuant to clause (1) of paragraph (a) of this section shall reenter the lawful possessors land without the written permission of the lawful possessor or the agent providing said demand for a period of up to one (1) year from the date of the written demand, as provided therein. C. A second offense of this section within one (1) year from the date of first offense will be a misdemeanor. N • Lj i Action Al-e-rt 2°�-i2'32 TO: Mayors, Managers /Administrators /Clerks r� `,ylp j J9 v1 FROM: League of Minnesota Cities President and Mayor of St. Cloud, Chuck Winkelman DATE: March 30, 1994 RE: CITY UNITY DAY RESOLUTION AND RALLY Thursday, April 21 will be Minnesota Cities Unity Day. To celebrate this event, I would like you to do three things: • • Pass the enclosed resolution at your next council meeting and send copies to your Legislators and the Governor; • • Send the enclosed news release to your local paper; (be sure to fill in the blanks with your city's name and your mayor's name) and; • Encourage one or two people from your city to attend the Cities Unity Day Rally at the State Capitol on April 21st (see enclosed registration) CITY GOVERNMENT MAY ONCE AGAIN BE DEALT WITH UNFAIRLY IN THE TAX BILL UNLESS YOU COME. We must make sure the Governor and Legislature are hearing our message: cities are not a "special interest" lobbying on their own behalf at the Legislature; cities are aapartner in the government of Minnesota, providing city services to the over three million people who live in cities as well as those who come to our cities to work, for entertainment, or receive an education. Almost every person in Minnesota uses city services on a daily basis. /o- 74 0 CITY UNITY DAY RESOLUTION WHEREAS, the City of Minnesota Cities; and is a member of the League of WHEREAS, Thursday, April 21 1994 is Minnesota Cities Unity Day; WHEREAS, cities working together have established the League of Minnesota Cities action agenda for the 1994 session of the legislative; and WHEREAS, in the closing days of the 1994 session many of these issues remain unresolved; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF that: 1. The Legislature and Governor restore the shortfall in the Local Government Trust • Fund which they created so that there will be no cuts in government aid (LGA) and homestead agricultural aid credit (HACA) in 1994, and provide reliable additional funding for LGA and HACA in future years to preserve the fiscal stability of cities; 2. Preserve and improve the ability of cities to expand their boundaries in order to provide city services to all who need them; 3. Remove the aid penalties in manufacturing and redevelopment districts so that cities will not be penalized for improving their local economies. 4. Increase funding for roads and transit; 5. Establish a new program to clean up landfills and adequately fund pollution clean up grants and; 6. Support the other legislative initiatives of the League of Minnesota Cities. (Note: Send copies of this resolution to your Legislators and the Governor). n LJ n. a. 1.1 ,2.94 16:09 r • NEw YORK wASNINOTON, D. C. DENVER ORANGE COUN'T'Y, CA LONDON "mas EELS r.P a10 o.n 00 +. nnDerP uv T' 111 - FAX 612 940 2644 DORSET' WHITNEY Mr. Kenneth Merrill Finance Director City of Hutchinson 111 Hassan Street South Hutchinson, MN 55350 DOHSEY & WHITNEY' e P�wr�aa�m: Lcwsoa Aonwmws Govwafe�. PILLSBURY CENTER SOME 220 SOUTH SIRIB STREET TQINI:EAPOLIS, 14INNESOTA 5540$ -1498 (612) 340 -8600 FAX (91S) 340-2069 JZRONZ P. GILL WAN N (624 9402gsa April 12, 1994 Re: Proposed Amendment of Installment Purchase Contract • dated as of May 15, 1990, between the City of Hutchinson and Norwest Investment Services, Inc. Dear Ken: f nn, 1� 002 B,oCRESTEB, MN BILLINOS 08EAT 7ALLS MISSOTJLA DES MOINES FARGO The City of Hutchinson has entered into an installment Purchase Contract dated May 15, 1990 (the "Contract"), with Norwest Investment Services, Inc. ( "NISI"), to finance the purchase of items of equipment for Hutchinson. Community Hospital. The Contract is payable in quarterly installments of principal and interest, with the final payment due May 15, 1998. The interest payable on the Contract is exempt from federal income taxation. The interest rate on the Contract is 7.00 %, which is higher than the present market rate for this type of obligation. The City has the option to prepay the Contract on any quarterly installment payment date without premium or penalty. i Recognizing that the interest rate on the Contract is higher than the current market rate and that the Contract is prepayable at the option of the City, the City has approached NLSI about amending the Contract to reduce the interest rate on the Contract in lieu of the City refinancing and prepaying the Contract. I understand that NISI has made a proposal to the City to reduce the interest rate on the Contract and that you intend to present this proposal to the City Council for consideration at its meeting tonight. The reduction of the interest rate on the Contract would be • accomplished by an amendment to the Contract setting out the reduced interest rate and reduced quarterly payments necessary to amortize the Contract over its remaining term at such lower interest rate. I have been furnished a form of such an -1- /Q _/}, -94 16:10 F..kX 612 930 2844 DORSET. WHITNEY DoRsEY & WSZTNET Page -2- Mr. Kenneth Merrill April 12, 1994 amendment used by NISI to reduce the interest rate on a similar installment purchase contract. I do not see any problems with the City proceeding to lower the interest rate on the Contract through the amendment proposed by NISI. While an amendment of the interest rate on the Contract will be deemed to be a "reissuance" of the indebtedness for federal income tax purposes, it will not count against the City's $10 million annual bank qualified bond limitation pursuant to an exception that provides that current refundings do not count against the $10 million limitation. If you have any questions concerning this matter, please give me a call. JPG:cmn cc G. Barry Anderson Steve Apfelbacher -2- Yours tr Prom P. mayI Gilligan 009 • • APR 12 '94 03 :39PM EHLERS & ASSOCIATES Ehlers and Associates, Inc. LEADERS IN PUBLIC FINANCE April 12, 1994 Mr. Ken Merrill Finance Director City of Hutchinson 111 Hassan Street Hutchinson, MN 55350 -2439 Mr. Ed Tusa Chief Financial Officer Hutchinson Community Hospital 1095 Highway 15 South Hutchinson, MN 55350 P. 2/6 Re_ Hutchinson Community Hospital; Refinancing the Hospital's $2,000,000 Equipment Lease Dear Ken and Ed; We have reviewed refinancing his lease issue with Norwest. The Issue can only be refinanced on a payment date. The next payment date Is May 15, 1994. Norwest Is willing to do an addendum to the lease changing the interest rate and amortizing the outstanding principal of $1,137,904.78 over the same term. The existing payment is $82,156.24 per quarter. Attached are the two refinancing options I received from them. Exhibit No. 1 refinances this issue at 4.50% with $17,068.57 In upfront expenses paid to Norwest. Exhibit No. 2 refinances this issue at 5.23% with no upfront expenses paid to Norwest. Exhibit No. 1 Exhibit No. 2 • Total P & I due on Original Lease 5/15/94 - 5115/98 $1,314,499.84 $1,314,499.84 Less: Total P & I due on Refinancing 5/15/94 - 5/15/98 - 1,249,758.56 - 1,268,424.64 Less Norwest Refinancing Issuance Costs - 17.068 -57 .00 Future Interest Savings $47,672.71 $46,075.20 I recommend you consider Exhibit No. 2 with no issuance costs paid to Norwest. This is a present value savings of $41,182 or 3.62% of outstanding principal. The City also retains the option of refinancing on any interest payment date In the future. The only additional expense the City will incur will be a fee of up to $500 for Bond Counsel to review these materials. Jerry Gilligan, the City's Bond Attorney, has reviewed this proposed amendment and believes It Is In order if the City wishes to proceed. Very truly yours, EHL S AND ASSOCIATES, INC. teven 1=. Apfelba er • President SFA:nad Encl. OFFICES IN MINNEAPOLIS, MN AND BROOKFIELD, WI HUTCH50 2950 Norwest Center. 90 South Seventh Street. Minneapolis. MN 55402 -4100 Telephone 612- 339 -5291 . FAX 612- 339 -0854 APR 12 '94 03:39PM EHLERS & ASSOCIATES Refinance City of Hutchinson, MN P. 3"6 Costa Funded Payment Rate $1,137,904.78 4.500% 16 Payments it per year Level Payment $78,109.91 Fetr= .068644 Closing Fees [$0.001 Average Life 2.19 years 26.25 months Payment Data 1st: 8115194 2nd: 11/15/94 Commencement: May 15 1994 Closing Date: May 15 1994 Payment Number Total Payment Due Interest Payment Due Principal Pa yment Due After Payment Termination Value Payment Due Date May 15, 1994 1 $78,109.91 $12,901.43 $65,308.48 $1,072,596.30 Aug 15, 1994 2 $78,109.91 $12,066.71 $66,043.20 $1,006,553.10 Nov 15, 1994 3 $78,109.91 $11,323.72 $66,786.19 $939,766.91 Feb 15,1995 4 $78,109.91 $10,572.38 $67,537.53 $872,229.38 May 15, 199S 5 $78, 109.91 $9,812.58 $68,297,33 $803,932.05 Aug 1S, 1995 6 $78,109.91 $9,094.24 $69,065.67 $734,866.38 Nov 15, 1995 7 $78, 109.91 $8,267.25 $69,842.66 $665,023.71 Feb 15, 1996 8 S78,109.91 $7,48I.52 $70,628.39 5594,395.32 May 15,19% 9 $78,109.91 $6,686.95 $71,422,96 $522,972.36 Aug 15, 1996 10 $78,109.91 $5,883.44 $72,226.47 $450,745.89 Nov 15, 1996 1I $78,109.91 $3,070.89 $73,039.02 $377,706.87 Feb 15,1997 12 $78,109.91 $4,249.20 $73,860.71 $303,846.16 May 15,1997 13 $78,109.91 $3,418.27 $74,691.64 5229,154.52 Aug 15, 1997 14 $78,109.91 $2,577.99 $75,531.92 $153,622.60 Nov IS, 1997 15 $78,109.91 $1,728.25 $76,381.66 $77,240.95 Feb 15, 1998 16 578 109.91 $868.96 $77,2410.95 $1.00 Ma I5 1998 �1 ��02WeS} -4- ` t V C:1A1INNIFIUTC M.XLS 4112/94 9:3I AM Pam Lang E • 0 u • • APR 12 '94 03 :S9PM EHLERS & ASSOCIATES l � Refinance City of Hutchinson, MN P. 4'b Glttic54?,1S V& k, 6.l'2. A<*"m EAR Exhibit A Costs Funded Payment Rate $1,137,904.78 5.210% 16 Payments 4 per year Level Payment $79,279.54 Fctr= .06 9672 Closing Foes ISO-001 Average Life 2.2 years 26.37 months Payment Dates 1st: 8/15194 2nd: 11/15/94 Commencement: May 15 1994 Closing Date: May 15 1994 Payment Number Total Payment Due Interest Payment Due Principal Payment D ue After payment Termination Value Payment Due bate May 15, 1994 1 $79,279.54 $14,878.10 $64,401.44 $1,088,657.59 Aug 15,1994 2 S79,279.54 $14,036.06 $65,243.49 $1,021,625.44 Nov 15, 1994 3 $79,279.54 $13,183.00 566,06.55 $953,839.18 Feb 15,199S 4 $79,279.54 $12,318.79 $66, 960.76 $885,290.33 May 15, 1995 5 $79,279.54 511,443.27 $67,836.27 $815,970.30 Aug 15, 1995 6 $79,279.54 $10,556.31 $68,723.23 5745,870.43 Nov 15,1995 7 $79,279.54 $9,657.76 $69,621.79 $674,981.92 Feb 15, 1996 8 $79, 279.54 $9,747.45 $70,532.09 5603,295.93 May 15, 1996 9 $79, 279.54 $7,82S.25 $71,454.30 $530,803.46 Aug 15, 1996 10 $79,279.54 56,890.98 $72,388.56 $457,495.46 96 11 $79,279.54 $5,944.50 $73,335.04 5383,362.74 97 12 $79, 279.54 54,985.64 $74,293.90 $308,3 %.02 97 13 $79, 279.54 $4,014.25 $75,265.29 $232,585.93 97 JIS. 14 $79,279.54 $3,030.16 $76,249.39 $155,922.98 97 15 $79,279.54 $2,033.20 $77,246.35 $78,397.57 8 16 S79 279.54 $1 023.20 $78,256.34 $1.00 98 C:1M1NN9`IUTCHIN.XLS —5— 4/12/94 11 :17 AM Pam Lang APR 12 '94 03:29PM EMLEPS a ASSOCIATES RPR 12 '94 13:56 NISI + FIRST AMENDMENT TO INSTALLMENT PURCHASE CONTRACT P.5 /6 P. 2/3 THIS FIRST AMENDMENT is made u of the 12th day of April, 1994, to be effective as of May 15, 1994, (the "Effective Date "), and is by and between Norwest Investment Services, Inc. (the "Lender") and the City of Hutchinson, MN (the "Borrower"). REFERENCE IS HEREBY MADE to that certain First Amendment to Installment Purchase Contract dated as of May 15, 1990 (the "Contract ") made between the Lender and the Borrower. All capitalized terms not defined in this First Amendment shall have the meanings ascribed to them in the Contract. WHEREAS. pursuant to the contract, the Borrower is required to make quarterly payments to the Lender on February 15, May 15, August 15 and November 15th of each year, through and including May 15, 1998; and WHEREAS, the Borrower has requeated to the Lender to reduce the interest rate on the Contract and the Lender is willing to do so, subject to the provisions of this First Amendment; NOW THEREFORE, in consideration of the premises and for other valuable consideration received, it is agreed as follows: 1. As of the Effective Date of this First Amendment, the Borrower agrees to "refinance" the amount of $1,137,904.78, representing the outstanding principal of the Installment Purchase Contract, over the same period of time as remains on the Contract. 2. The rerwMag 16 quarterly payments shall commence August 15, 1994, and will each be in the amount of $79,279.54, with the applicable interest rate being reduced from 7.00% per annum to 5.23% per annum, per attached Exhibit A, which supersedes the Payment Schedule incorporated in the Installment Purchase Contract. 3. Except as previously modified by this First Amendment, the Contract remains unchanged and in full force and effect. In witness whereof, the Lender and Borr ower have executed this First Amendment as of the date first written above. NORWEST INVESTMENT SERVICES, INC. By Its First Vice President PMW.mM -6- CITY OF HUTCHINSON, MN By Its Mayor and by • Its City Administrator OPEN -HOLD COUNCIL REPORT Tue Apr 12 1994 09:35:08 Page 1 • 1980 TIDS IND.SCHOOL DIST. #423 TAX INCREMENT ADJ $14,026.00 LINDER BUS COMPANY DEFERRED LOAN $42,667.00 $56,693.00 1986 IMPRO.BDS AM.NATIONAL BANK 1988 IMPROV. BDS AM.NATIONAL BANK 1990 TIDS AM.NATIONAL BANK 1991 IMPROV. BDS MATTSFIELD, MABEL 1993 IMPRO.CON B WM MUELLER & SONS AIRPORT RENOVAT. MCLEOD COOP POWER BURNS MANOR DS AM.NATIONAL BANK BURNS MANOR CENTRAL GARAGE CARQUEST AUTO PARTS CITY OF HUTCHINSON COAST TO COAST CROW RIVER AUTO FORTIS BENEFITS G & K SERVICES HUTCH IRON & METAL HUTCHINSON WHOLESALE MACQUEEN EQUIP INC MN.MUTUAL LIFE PRINCIPAL PAYING AGENT FEES $116,362.50 $116,362.50 $299.27 $299.27 MATURED BONDS $148,206.25 $148,206.25 ASSESSMENT REFUND $119.04 $119.04 PROJ 93 -06 EST 47 $1,796.23 $1,796.23 TESTING TRAILER $11.56 $11.56 INTEREST TRANSFER DRILL, FILTERS, ETC APRIL MEDICAL SUPPLIES REPAIR APRIL LTD SHOP TOWELS BUSHING SUPPLIES DBLE WRAP ELGIN, BROOM APRIL LIFE $77,943.75 $86,099.59 $164,043.34 $281.15 $432.09 $137.88 $145.06 $15.23 $56.45 $8.79 $222.20 $914.84 $6.09 /r OPEN -HOLD COUNCIL REPORT Tue Apr 12 1994 09:35:08 Page 2 ------------------------------------------------ ---------------------- •POSTAGE BY PHONE MARCH POSTAGE $8.12 SAFETY KLEEN MACHINE SERVICE $134.19 STANDARD PRINTING TABS, LEAD, PENS $13.89 STATE OF MINNESOTA DECALS $8.00 TOWN & COUNTRY GLASS INSTALLATION $172.45 $2,556.43 CITY HALL CONST. BREITBACH CONST CO. APPL #8 $58,181.30 GENERAL OFFICE PRODUCTS CO CENTER DRAWER $46.43 $58,227.73 ENERGY LOAN FD ABBY COMPANY & PAYMENT #10 $14,013.37 CHERYL LABOT & LOAN PAYMENT #2 $14,465.00 KENNETH ANDERSON & PAYMENT #6 $1,118.25 $29,596.62 q Nim1:7all1 oklo b7 A & B ELECTRIC BREAKER KICKS OUT $761.98 ALLEN OFFICE PROD INDEX, EX FILM, MARKER $31.68 ALLIED MECH.SYSTEMS PIPE, TEE, ELS $62.14 & MCDOWELL MARCH COMPENSATION $4,164.00 •ARNOLD AUTOMATION SUPPLY CO 3 CARTRIDGES $72.65 BAHR, SUE ICE SHOW PROPS $33.09 BARGEN INC ROUTER BITS & PINS $905.46 BECKER ARENA PRODUCTS FACING $172.82 BENNETT OFFICE SUP. PHONE RESTS RETURNED $927.91 BERNHAGEN ELECTRIC EXIT LIGHT SERVICE $155.00 BREMIX CONCRETE CO CAPS, TEES $138.32 BRYAN ROCK PRODUCTS RED BALL AGGREGATE $3,518.04 BUYTAERT, PATTY SKATING COSTUMES $150.00 CARQUEST AUTO PARTS BATTERY $40.80 CARR FLOWERS PLANT- SCHWARTZ $88.35 CENTURY LABS WEED KILLER $882.19 CHAMBER OF COMMERCE POSTAGE $14.26 CITY OF HUTCHINSON APRIL DENTAL $29,513.70 COAST TO COAST SUPPLIES $503.51 COMM TRANSPORTATION HANGAR PAYMENT $700.00 COMPRESS AIR BREATHING AIR SYSTEM $11,383.79 CONSOLIDATED CONTAINER CORP FOUNDRY DRUMS $120.35 COUNTRY KITCHEN FEE MEAL $5.27 COUNTY RECORDER MARCH FILING FEES $117.00 CULLIGAN WATER COND 6 BAGS SALT $75.50 DAAK REFRIGERATION SERVICE UNIT $38.00 DEPT NATURAL RESOURCES DNR TITLE FEES $1,028.00 DULUTH POLICE DEPT TRAINING 2 REGISTRATIONS $100.00 EARL ANDERSON ASSOC PARK RULES $357.82 •ELECTRO WATCHMAN ANNUAL CHARGE $166.14 ERLANDSON, DAVID CONFERENCE LUNCH $37.25 FAMILY REXALL DRUG RIBBON $61.62 OPEN -HOLD COUNCIL REPORT Tue Apr 12 1994 09:35:08 Page 3 ----------------------------------------------------------------------------- & HOME DIST. CO CLAMP, ETC $153.83 .FARM FESTIVAL FOODS SUPPLIES $78.47 FITZLOFF HARDWARE FILTERS $284.30 FLOOR CARE SUPPLY WHITE ROLL, CLEANERS $1,063.27 FORTIS BENEFITS APRIL LTD $1,140.92 G & K SERVICES UNIFORMS $772.00 GALLES, LORI DEPOSIT REFUND $25.00 GEMPLER'S INC PADS, EAR MUFFS, ETC $54.75 GLENCOE FIRE DEPT AIR VAN GAS $12.45 GLENCOE UNIFORMS TIE $877.97 GOPHER SPORT LINE MARKER $188.81 GOV FINANCE OFFICERS ASSC BASIC MEMBERSHIP $105.00 GREAT PLAINS SUPPLY DOOR SPRINGS $180.40 GUARDIAN PEST CTL PEST CONTROL $21.57 GUTHERY, TOM ALTERATIONS $100.00 H.W.B.A. 24 GERANIUMS $48.00 HAMMOND- JOHNSON, MICHELLE CERTIFIED MAIL $2.52 HCI CONNECTING POINT HP LASERJET 4 $1,677.38 HCVN- CH. #10 CABLE FRANCHISE $750.00 HEIMAN FIRE EQUIPMENT GRILL LIGHTS $210.61 HOME BAKERY INC 1 DOZ ROLLS $3.60 HUHN, LARRY 1993 TRAVEL EXPENSES $594.18 HUTCH CAFE DINNERS $57.40 HUTCH COMM HOSPITAL LAUNDRY $63.30 HUTCH CONVENTION & FEB LODGING TAX $1,355.69 HUTCH COOP CENNEX MARCH FUEL $2,773.39 •HUTCH FIRE & SAFETY INSPECTIONS $32.50 HUTCH IRON & METAL 20' ROUND $63.21 HUTCH PLBG & HTG CO SPRAY VALVE W /BRUSH $80.09 HUTCH PUBLIC SCHOOLS GYM RENT $21.20 HUTCHINSON LEADER ORD & ADS $1,136.00 HUTCHINSON TEL CO PHONE SERVICE $4,345.55 HUTCHINSON UTILITIES GAS & ELEC $6,355.93 HUTCHINSON WHOLESALE FITTINGS $43.59 INK SPOTS GREEN PAPER $3.44 ISIA BADGES $228.00 JACK'S UNIFORMS & EQUIPMENT STRINGER HOLDERS $48.00 JUUL CONTRACTING CO MARKING PAINT $1,440.01 K MART FOOTWEAR FOR JUVENILES $60.74 KALENBERG, SCOTT 12 HOURS CONCESSIONS $51.00 LAMPLIGHTER II MARCH LUNCHEON $66.25 LANGAN, MELISSA 6 HOURS YOUTH DANCE $30.00 LAW ENFORCE EQUIP DECALS $31.42 LEAGUE OF MN CITIES CLAIM - ENGELMANN $2,376.11 LETN APRIL SERVICE $288.00 LOGIS MARCH CHARGES $9,858.56 M.C.M.T. INC MONTHLY FEE $21.85 MACON SYSTEMS INC ADV DB MASTER UPGRADE $458.00 MADSON, STEVEN CONFERENCE EXPENSES $391.45 MANKATO MOBILE RADIO BATTERY $134.51 MARK I OF NORTH AMERICA DAILY CALENDAR $47.90 JAMES LUNCH EXPENSE $36.28 •MARKA, MATHWIG, JASON 12 HOURS CONCESSIONS $51.00 MCGARVEY COFFEE INC COFFEE $57.90 OPEN -HOLD COUNCIL REPORT Tue Apr 12 1994 09:35:08 Page 4 KAREN OFFICE SUPPLIES $21.28 •MCKAY, MCLEOD COOP POWER ELECTRICITY $1,212.52 MCRAITH, JOHN SOFTWARE $119.14 MN DEPT OF REVENUE MARCH SALES TAX $619.00 MN.ELEVATOR INC ELEVATOR SERVICE $61.00 MN.MUTUAL LIFE APRIL LIFE $471.87 MOON, DOLF MEETING EXPENSES $13.43 MUN LIQUOR STORE POP & MISC $27.48 NATL ASSC FOR BANK SECURITY 2 VIDEO TAPES $149.95 NATL BUSINESS FURNITURE INC TYPE STAND $78.95 NICKLASSON ATHLETIC CO 4 SETS BASES, PITCHING $771.80 NO STATES SUPPLY INC SAW WHEEL, COFF STEEL $121.17 NORTH MEMORIAL MEDICAL CENTER TRG EMERGENCY COMMUNIC $316.00 OFFICE PRODUCTS TONER CARTRIDGE $302.15 OLSONS LOCKSMITH REPAIR LOCKS $65.00 PADGETT- THOMPSON 2 REG- GRINA, NISKA $290.00 PETERSEN, TROY 6 HOURS AT YOUTH DANCE $30.00 PIONEER PIT STOP $108.00 PITNEY BOWES INC METER RENTAL $250.25 PLOTZ, GARY D. COMPOST MEETING $25.34 PLOWMANS SERVICE TOW $26.63 PLUMBING & HTG DOCTOR F.D. CAPS $68.69 POPP ELECTRICAL INC SERVICE CALL $239.02 POSTAGE BY PHONE MARCH POSTAGE $963.38 QUADE ELECTRIC ELEC PARTS $97.56 QUADES SPORT SHOP WHITE TAPE $25.20 •RICHARD LENNES MARCH COMPENSATION $2,000.00 SCHMELING OIL CO KEROSENE $1,678.09 SCHNOBRICH, MARK WORKSHOP EXPENSES $109.04 SEWING BASKET ALTERATIONS $23.97 SHOPKO WASHER, TISSUE $89.24 SIMPLEX TIME RECORDER CO FIRE ALARM SYSTEM $994.37 SMITH, LES SR. TOUR REFUND $44.00 SORENSEN FARM SUPPLY CONVEYOR RENT $88.40 STAFFORD, TOM INSTALLED SNAP PRINTIN $97.50 STANDARD PRINTING NAME BADGES, POCKET, P $805.31 STAR CABLEVISION APRIL SERVIE $4.08 STAR GYMNASTICS SUPPLY VAULTING BOARD $210.00 STARKE, RANDY 6 HOURS YOUTH DA14CE $30.00 STATE OF MINNESOTA 1994 TEL DIRECTORY $16.79 STATE TREASURER 1ST QTR SURCHARGE $473.07 STREICHERS STEEL BATON, SCABBARD $856.19 SWANSON, MARILYN VIDEO TAPES $10.62 TIANNA FARMS 2 SUITE $234.30 TORGERSON, MARLIN MEETING EXPENSES $139.98 TREADWAY GRAPHICS STICKERS, BALLOONS $63.04 TRI CO WATER COND 7 BAGS SALT $34.29 TURF SUPPLY COMPANY TURF MIX $2,758.10 UNITED BLDG CENTERS PLYWOOD $99.57 URBAN COMMUNICATIONS SPOTS & LAMPS FOR SHOW $1,416.04 US WEST COMMUN APRIL CHARGES $207.21 -VEND VENDING INC SIC, DOR $25.56 .VERSA VICTORIAN INN 2 ROOMS FOR SKATING PR $288.54 VIKING COCA COLA POP RETURNED $245.50 OPEN -HOLD COUNCIL REPORT Tue Apr 12 1994 09:35:08 Page 5 --------------------------- - - - - -- - ------ - - - - -- - - - - - - - - -- VIKING SIGNS PARK SIGN $100.00 W. M. MONTGOMERY RADIOI PROJECT SERVICE $3,222.00 . WAL -MART CLOCKS, BATTERIES $52.20 WIGEN CHEVROLET CO REPAIR FUEL PUMP $289.08 WILLIAMS STEEL & HARDWARE 24' TUBE, 20' FLAT $357.99 WOLFGRAM /TRITT & ASSC APPL FEE $75.00 XEROX CORP #60 CONTRACT PAYMENT $329.80 $120,623.62 `_' 1N,t� . AMERICAN HEART ASSC SHAPE UP MATERIAL $11.25 GOOD WILL SPECIALTY CO T SHIRTS $108.90 $120.15 LIBRARY FUND DS AM.NATIONAL BANK INTEREST $64,943.75 $64,943.75 REC /POOL DS AM.NATIONAL BANK PAYING AGENT FEES $25.00 $25.00 RURAL F. D. MARCH RECYCLING $22,212.27 ABM EQUIPMENT JIM RURAL MILEAGE $12.00 •BRODD, COAST TO COAST SUPPLIES $1.81 DOBRATZ, JEFF RURAL MILEAGE $2.25 EMANS, BRAD RURAL MILEAGE $23.75 GLAESER, TOM RURAL MILEAGE $3.00 HOMAN, ED RURAL MILEAGE $10.75 HUTCH COOP CENNEX MARCH FUEL $43.21 HUTCH IRON & METAL IRON $5.33 PRECHT, BRUCE RURAL MILEAGE $19.25 REDMAN, RANDY RURAL MILEAGE $4.00 REYNOLDS, JOHN RURAL MILEAGE $9.75 SCHRAMM, STEVE RURAL MILEAGE $14.50 STEELE, DAN RURAL MILEAGE $4.00 $153.60 WATER /SEWER FUND AAGARD WEST MARCH RECYCLING $22,212.27 ABM EQUIPMENT NOZZLE $126.65 BARNSTEAD THERMOLYNE MEMBRANE CLEANER $75.42 BENNETT OFFICE SUP. SHARP CALCULATOR $369.28 C.S.W.E.F. REG- R.DEVRIES $105.00 CITY OF HUTCHINSON APRIL DENTAL $3,834.62 COAST TO COAST SHIPPING $430.81 D.P.C.IND.INC CHLORINE $409.53 DATASTREAM SYSTEMS ELECTRIC MOTOR CO SUPPORT RENEWAL BEARINGS, CLEAN MOTOR $595.00 $118.25 OPEN -HOLD COUNCIL REPORT Tue Apr 12 1994 09:35:08 Page 6 ------------------------- FAMILY REXALL DRUG --- ------- - - - - -- KLEENEX, LIQUID PAPER -- - - - - -- $5.71 FARM & HOME DIST. CO DRILL $73.48 FEED RITE CONTROLS FERROUS CHLORIDE $1,046.76 FESTIVAL FOODS SUPPLIES $7.97 FISHER SCIENTIFIC THERMOCOUPLE $49.11 FLOOR CARE SUPPLY FLOOR FINISH $21.17 FORTIS BENEFITS APRIL LTD $174.52 G & K SERVICES UNIFORMS $308.81 GRAHAM, MARION CONFERENCE EXPENSES $57.49 GRAPHIC CONTROLS MARKING PRODUCT $46.60 HACH COMPANY DPD COMPOUND, CHLORINE $56.02 HARRIS MECHANICAL MARCH MTCE $1,025.00 HCI CONNECTING POINT AV LASER LBL $71.31 HENRY & ASSOCIATES STAINLESS CLAMP $84.31 HUTCH COOP CENNEX MARCH FUEL $254.78 HUTCH MEDICAL CENTER PHYSICAL- S.KOHN $109.00 HUTCHINSON TEL CO PHONE SERVICE $648.26 HUTCHINSON UTILITIES GAS & ELEC $16,073.78 HUTCHINSON WHOLESALE RACKS, ETC $98.25 INTERNATIONAL EPDM FIELD TECH SERVICES $250.00 JERRY M. LANZ CONFERENCE EXPENSES $34.43 JOHNSON, DOUGLAS TRAVEL EXPENSES $75.08 JUUL CONTRACTING CO MARKING PAINT $2,132.88 LAP-AWAY ROOFING INC CRANE USE $112.50 LOGIS MARCH CHARGES $1,028.46 MN DEPT OF REVENUE MARCH SALES TAX $4,255.00 • MN VALLEY TESTING LAB TESTING $617.00 MN.MUTUAL LIFE APRIL LIFE $60.48 NALCO CHEM.CO NALCO FLOCCULANT $4,616.78 NCL WATER, FILTERS, ETC $238.62 NORTHERN WATER WORKS SUPPLY MANHOLE REPAIRS $3,195.14 POSTAGE BY PHONE MARCH POSTAGE $133.50 PRAIRIE EQUIPMENT CO MANHOLE PICK $69.22 QUADE ELECTRIC INSTALL TRANSFER SWITC $2,380.96 RUST ENVIRONMENT PROF SERVICES -ACID SPI $5,481.88 SCHMELING OIL CO RYKON MV $30.62 STANDARD PRINTING PENS, BINDER, CARDS, I $48.09 TRI CO WATER COND 3 BAGS SALT $14.70 UC LABORATORY SLUDGE ANALYSIS $99.00 VESSCO INC 6 HOURS CALIBRATION $270.00 $73,633.50 $837,411.59 • OPEN -HOLD COUNCIL REPORT Tue Apr 12 1994 09:33:29 Page I ----------------------------------------------------------------------------- -BURNS MANOR DS BURNS MANOR TRANSFER TO BURNS $72,228.64 $72,228.64 GENERAL FUND DEPOT MUSEUM DEPT NATURAL RESOURCES LINDMEYER, KEN ORCHID INN, THE ST. MARY'S CHURCH PAYROLL FUND AETNA VARIABLE LIFE ASS GREAT WEST LIFE INS. CO H.R.L.A.P.R. ICMA RETIREMENT TRUST PERA LIFE INS CO. PERA- D.C.P. PRUDENTIAL PRUDENTIAL MUTUAL FUNDS PUBLIC EMPLOYEES TEMPLETON INC • WADELL & REED WITHHOLDING TAX ACCT WATER /SEWER FUND U S POSTMASTER IYIRE TRANSFER PAYROLL FUND 62 1 We) a�►iid`[ii�l 46 ADMISSIONS $46.00 DNR REG FEES $1,079.00 30- SR.TOUR TWINS GAME $364.00 46 LUNCHES $307.74 46 ADMISSIONS $46.00 $1,842.74 CO. EMPLOYEE CONTRIB 3 -26 $655.00 EMPLOYEE CONTRIB 3 -26 $100.00 EMPLOYEE CONTRIB 3 -26 $191.40 EMPLOYEE CONTRIB 3 -26 $1,809.00 EMPLOYEE CONTRIB 3 -26 $130.50 EMPLOYER CONTRIB 3 -26 $52.02 EMPLOYEE CONTRIB 3 -26 $140.00 EMPLOYEE CONTRIB 3 -26 $318.46 EMPLOYER CONTRIB 3 -26 $11,698.04 EMPLOYEE CONTRIB 3 -26 $438.85 EMPLOYEE CONTRIB 3 -26 $150.00 EMPLOYEE CONTRIB 3 -26 $27,814.47 $43,497.74 WATER BILLS POSTAGE $175.00 $175.00 $117,744.12 EMPLOYEE OONTRIB 3 -26 5,365.68 HANDWRITTEN CHECKS APRIL 12. 1994 *LIQUOR FUND $414.40 ALLEN OFFICE PRODUCTS $713.52 AMERICAN LINEN $256.27 BERNICKS $288.20 CARLSON REFRIGERATION C $113.12 CITY OF HUTCHINSON $4,015.03 CITY OF HUTCHINSON $4,165.71 CITY OF HUTCHINSON $4,204.31 COAST TO COAST $39.88 DRIVERS LICENSE GUIDE $20.45 ED PHILLIPS $13,958.74 FESTIVAL $26.90 FRIENDLY BEVERAGE $354.30 GRIGGS COOPER $13,441.11 HENRY'S FOODS $1,697.03 HERMEL WHOLESALE $503.80 HUTCHINSON LEADER $264.24 HUTCHINSON TELEPHONE $92.54 HUTCHINSON UTILITIES $775.67 JOHNSON BROTHERS $13,181.33 •JORDAN BEVERAGE $414.40 KARP $15.67 KDUZ $45.00 KUBASH & SONS $167.47 LENNEMAN BEV $10,234.85 LOCHER BROTHERS $13,298.90 LORI LUNDHOLM $43.20 LOSS CONTROL SERVICE $116.00 MIN STATE LOT (CITY OF HUT) $7.00 MIN STATE LOT (CITY OF HUT) $207.00 MIN STATE LOT (CITY OF HUT) $440.95 MIN STATE LOT (CITY OF HUT) $3,019.00 OLSON'S LOCKSMITH $3.99 PRO MAINTENANCE $334.41 QUALITY WINE $4,386.22 RADIO SHACK $77.54 RADIO SHACK $147.72 SHOPKO $106.49 SPRENGLER $829.19 TRI- COUNTY WATER CONDI $10.54 TRIPLE G $21,262.15 VFW POST 429 $47.50 •VIKING COCA -COLA $294.16 TOTAL $113,621.50 • 0 FOR YOUR TO: Mayor and Council FROM: Steve Madson, Chief of DATE: April 6, 1994 RE: Cellular 2000 Agreement ��- �X A iFORMATION rV Police - '" /' ----------------------------------------------------------------- As you are aware, I have been negotiating an agreement with Cellular 2000 with regards to their firm utilizing the South Park water tower as an antenna site. As of this date we have reached a tentative agreement which would involve Cellular 2000 providing $500 per month cellular telephone credit to the city. Over the term of the agreement, 60 months, the city would receive $30,000 in credit. In return, Cellular 2000 would erect a 14 x 17 building near the water tower to house the electronic equipment. This building would be aesthetically pleasing to the park area. Additionally, two antennas will be placed on the water tower. I have discussed this agreement with Gary Plotz, Randy DeVries and Dolf Moon. All are in concurrence. Also, as of this date, Cellular 2000 would be interested in utilizing the standby electric generator which will be installed at the water tower site this summer. In return for utilizing power from the generator during power outages, Cellular 2000would provide cash assistance for installation. If you have any questions or concerns regarding this memorandum, please do not hesitate to contact me at your earliest convenience. /lkg 94 -01 -0009 • • C April 11, 1994 MEMO FOR YOUR INFORMATION TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: HUTCHINSON TECHNOLOGY DONATION A donation of $3,000.00 was received from Hutchinson Technology to the Hutchinson Fire Department. The donation was to be used for purchase of the air compressor which was recently replaced. City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on mc4ded paper - Police Department 10 Franklin Street South (612) 587 -2242 t • • April 5, 1994 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 (612) 587 -7575 FAX (612) 587 -4096 RESIDENT ATTORNEY G.BARRY ANDERSON Re: Cable Franchise Renewal Issues Our File No. 3244 -92054 Dear Gary: OF COUNSEL WILLIAM W. CAMERON RAYMOND C. LALLt EB 5081 CEDAR LAEE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 800-34.3 -5545 FAX(612)545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 369-2214 FAX (612) 369 -5506 FOR YOUR INFORMATION I am enclosing herewith a copy of a memorandum received from Bernik & Lifson along with a copy of a fax sheet from the Federal Communications Commission which is self - explanatory. I thought the Council might find the review of this information to be of interest and perhaps even helpful. Thank you for your ime and attention to these matters. Best regards. G. 'W&*iYyW GBA:lm Enclosure •CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE XlNN£SOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION DAVID B. ARNOLD GARY D. MCDOWELI STEVEN A. ANDERSON O. BARRY ANDERSON• STEVEN S. HOOF LAURA K. PRETLAND DAVID A. BRUEGOEMANN PAUL D. DOVE •• JOSEPH M.PAIEMENT JAMES UTLEY RICHARD O. MCOEE CATHRYN D. REHER GINA M. BRANDT • • April 5, 1994 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 (612) 587 -7575 FAX (612) 587 -4096 RESIDENT ATTORNEY G.BARRY ANDERSON Re: Cable Franchise Renewal Issues Our File No. 3244 -92054 Dear Gary: OF COUNSEL WILLIAM W. CAMERON RAYMOND C. LALLt EB 5081 CEDAR LAEE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 800-34.3 -5545 FAX(612)545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 369-2214 FAX (612) 369 -5506 FOR YOUR INFORMATION I am enclosing herewith a copy of a memorandum received from Bernik & Lifson along with a copy of a fax sheet from the Federal Communications Commission which is self - explanatory. I thought the Council might find the review of this information to be of interest and perhaps even helpful. Thank you for your ime and attention to these matters. Best regards. G. 'W&*iYyW GBA:lm Enclosure •CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE XlNN£SOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION • MEMORANDUM TO: Bernick and Lifson Regulatory Clients FROM: Robert J. V. Vose, Legal Assistant ,� , f , ! t i RE: Federal Communications Commission Chicago Regional Seminar DATE: March 31, 1994 On March 15 -16, 1994, the FCC held a Regional Seminar for the Midwest Region in Chicago. The seminar was geared specifically to questions and concerns of local franchising authorities. Seminar presenters included the FCC Chicago Regional Director for Field Operations and FCC attorneys from the Cable Services Bureau. Attached are a number of • documents provided by the FCC which may be of interest to your Commissioners, City Council members, and other interested parties. Also available through our office upon request is the FCC "Communications Glossary" and the FCC "Information Seekers Guide ". The seminar focused on very general and sometimes rudimentary aspects of the local franchising authorities' certification process and regulation of basic rates. Discussions included review of the procedure by which the FCC set its benchmark rates and a review of Form 393 (the form which indicates the cable operator's permissible basic service rates). The seminar confirmed our belief that the local franchising authorities which we represent are well ahead of the rest of the country in the rate regulation process. A majority of the questions asked and material covered by the FCC dealt with certification and Form 393 submission issues which you have already completed. Unfortunately, the FCC was unwilling to discuss the new Report & Order (the "new rules ") expected to be released late this week or early next week. The new rules, which are a product of a February 22 FCC meeting, will become effective sometime in mid -May. We will provide an update on the effect of the new rules once they are available and have been reviewed.. • Also, the seminar clarified a very important point: You, as local franchising authorities, . have a great deal of discretion in resolving questions or ambiguities regarding the application of the rate setting and review process to your individual circumstances and, if challenged on appeal, the FCC will defer to your decision if it is supported by a reasonable basis.' This means that you must do your best in reviewing the cable operator's rates but you can rely on your own judgment in interpretation of the difficult FCC rules. In nearly every instance, administrative burdens will be placed on the cable operator.' Both Congress and the FCC recognize that enforcement responsibility as well as much of the financial burden for the complicated and comprehensive federal regulatory scheme has largely been hoisted upon local government. In view of this difficult task, the federal government should and will recognize that the local governments must be given adequate authority and discretion to implement the federal regulatory scheme. Other highlights from the seminar include: 1. The newly formed FCC Cable Services Bureau will now be responsible for implementation and enforcement of all aspects of the 1992 Cable Act. The Customer Protection Division, a subsection of the Bureau, will be responsible for • enforcement of rate regulation and other regulatory issues. FCC attorneys stated that their overriding mission and concern is to serve the public in enforcing the Act. 2. The FCC views the current and future public service role of cable as focusing on entertainment, education (classroom uses, CNN, C -Span, Court T.V., etc.), and communication (home shopping, banking, voting, medical uses, data transmission, and generally the "Information Superhighway "). 3. The FCC's long -term view of cable regulation is shaped by _past regulatory schemes. In 1984 the cable industry was largely deregulated in an effort to increase cable availability and competition. While the number of subscribers and i Specifically, the FCC will apply a technical legal standard known as the 'arbitrary and capricious' standard of review. 2 For example, the operator is responsible for submitting information ta the franchising authority m complement its submission of a Form 393: the franchising authority has no similar responsibility to submit information to the operator beyond generally justifying any rate review decisions. • 2 availability of cable service did greatly increase, true competition did not develop. • Thus the 1992 Cable Act was passed in an attempt to correct the monopoly abuses cable operators engaged in during the late '80s. The FCC stated that it believes that the '92 Act is intended to promote a diversity of views and information available on cable, to reduce undue market power enjoyed by cable operators, and to protect the cable customer. As competition emerges, within the cable industry and without, the FCC indicated that the cable industry may be largely de- regulated once again. 4. Once the reportedly voluminous new rules are released and most operators are required the further reduce rates by approximately 7 %, the operator will need to "rejustify" its rates. The procedure for rejustifying rates was not specifically discussed but will be clarified in the new rules. 5. Many FCC documents, decisions and Orders are now available on Intemet. The FCC address is ftp.fcc.gov. Please contact Tom Creighton or Bob Vose at Bernick & Lifson (546 -1200) with any • questions about the FCC seminar or other cable questions or concerns. RNV /rkr CSVO E\MEMOMNDLM.001 0 3 FEDERAL COMNIL'NICATIONS CONIMISSION "1T 4`1T TTY T1T information provided by the Office of the Associate ging Director for Public Information and Reference Services March 1994 CABLE TELEVISION FACT SHEET ANTI- TRAFFICKING RESTRICTION Three -Year Holding Requirement The "anti- trafficking" rule prohibits a cable operator from selling or otherwise transferring ownership in a cable system within three years following the acquisition or initial construction of the system by the operator. What Constitutes a Transfer of Ownershi)? The Commission will enforce the three -year holding period when there has been an • assignment or transfer that involves a substantial change in ownership. When assessing whether there has been a "transfer of control" of the cable system, the Commission will use the broadcast assignment and transfer of control standards. This includes transfers of tither legal or working control of the cable system. Commission approval is not required for sales of minority interests, unless such sales result in the acquisition or loss of control. Cable operators w'-o are unsure whether a proposed transfer constitutes a trap fer of control should consult with their local franchising authority. If the cable operator and the franchising authority are unable to reach an understanding about the applicability of the anti- trafficking rule, either party may request a declaratory ruling from the Commission. Calculating the Holdin¢ Period For initially constructed systems, the holding period will be measured from the date on which service is activated to the system's first subscriber. For acquired systems, the holding period commences on the effective date of the closing of the transaction in which the system was acquired. For both situations, the three -year holding period will end on the proposed effective date of the closing of the transaction transferring control of the cable system. A transfer or sale agreement may be executed prior to the completion of the three -year • holding period, as long as consummation of the transaction does not occur until after the • expiration of the holding period. Spin -offs In some cases, system purchased in subsequent transfers will be considered acquired as of the date of the origin.] transaction and do not require the application of a separate holding requirement. To qualify for this treatment, requests for subsequent transfers must be tiled with the local authority (where necessary) within 90 days from the effective date of [he closing of the original transaction, and the closing of the subsequent transaction must take place within 90 days after local transfer approval is granted. In cases where no local transfer approval is required, the subsequent transfer must be completed within 180 days from the closing of the original transaction. Exemptions Tax -free, involuntary and pro forma transfers of control are exempt from the three -year holding requirement. Cable operators seeking to claim one of these exemptions must file a certification with the local franchising authority demonstrating that the proposed transaction qualifies for one of the exemptions. Waivers • The Commission may grant public interest waivers of the three -year holding requirement, subject to local franchising approval in some cases. Waivers may also be granted in cases of default, foreclosure and other financial distress. Requests for waivers must be filed pursuant to the special relief procedures in Section 76.7 of the Commission's Rules. The Commission will look favorably upon waiver requests involving multiple system operator ( "MSO") transfers if two-thirds or more of the MSO subscribers are served by systems owned for three years or more. The Commission . dopted a blanket waiver for small systems serving 1000 subscribers or less, subject to local franchising authority approval. Monitoring and Enforcing Compliance Local franchising authorities are responsible for enforcing the anti - trafficking restriction. Cable operators seeking to transfer ownership are required to certify to the local franchising authority that the proposed transfer complies with the anti-trafficking tile, or that the seller is seeking or has obtained a waiver from the Commission or is otherwise exempt. This certification must be submitted simultaneously with the request for transfer approval. If local transfer approval is not required by the franchise agreement, the certification must be submitted to the franchising authority no later than 30 days in advance of the closing date of the proposed transaction. Certifications must contain a complete description of the transaction and the interest heir • transferred, the date on which such interest was acquired, and the effective date of the proposed transfer. Certifications claiming an exemption should also identify the applicable exemption. including a statement of the facts giving rise to the exemption. Receipt by the local franchising authority of the appropriate certification creates a presumption of compliance with the anti - trafficking -rule. If questions are raised as to the accuracy of the certification, the franchising authority must notify the cable operator about those questions within 30 days of the filing of the certification, or the certification will he deemed accepted. For systems held for three years, or more, the anti - trafficking certification is incorporated into the FCC's standard transfer approval Form 394: The Commission's Form 394 is used when applying for franchise authority approval to assign or transfer control of a cable television franchise owned for three years or more. The information required by this form includes the legal, technical and financial qualifications of the proposed transferee and any information required by the franchise or applicable local law. Copies of Form 394 can be obtained by calling. (202) 632 -FORM. The franchising authority must act upon transfer requests for systems owned for three years or more within 120 days. If the franchising authority fails to reach a final decision within 120 days, the transfer request shall be deemed granted, unless the franchisor and the • requesting parry agree to an extension of time. Local decisions regarding the accuracy of a certification, eligibility for an exemption, or applicability of the anti - trafficking rule to a particular transaction are reviewable by the Commission, pursuant to the special relief procedures in Section 76.7 of the Commission's rules. If a willful violation of the anti - trafficking rule is found, the Commission may impose appropriate sanctions, including cease and desist orders, orders to show cause, or assessment of forfeitures. For further information on the anti - trafficking restrictions, see Report and Order and Further Notice of Proposed Rule Making, 8 FCC Rcd 6828 (1993). The anti - trafficking rules are located. at 47 C.F.R. §76.502. • 9 FEDERAL COMMUNICATIONS COMMISSION information provided by the Office of the Associate Managing Director for Public Information and Reference Services March 1993 CABLE TELEVISION FACT SHEET ` THE CONSUMER'S ROLE IN RATE REGULATION Q: Does the Commission regulate all cable television rates? A: No. This authority is shared between the Commission and your local franchising authority, which is the local city, county, or other government organization that regulates • your cable television service. The name of your local franchising authority should be on your cable bill. If it is not, contact your cable company or your local government. Q: What Do Local Franchising Authorities Regulate? A: In most instances, your local franchising authority is responsible for regulating: • Rates for basic cable service, equipment used to receive basic cable service, and installation and service charges related to basic service. The term "basic service" refers to the lowest level of cable service you can buy, and is the program package that includes signals from local television stations (such as ABC, CBS, and NBC affiliates; educational stations; and independent television stations). and public, educational and governmental access channels. Your cable system may use other terms to describe this service. • Customer service- -for instance, complaints about bills, a cable system s'response to inquiries about signal quality, and a cable system's response to service requests. • Franchise fees - -the fees paid by the cable system to the franchising authority for the right to offer cable service. You should contact your local franchising authority, and not the FCC, with complaints regarding customer service and franchise fees. 0 Q: What Cable Rates Does the FCC Regulate? A: The FCC regulates the rates you pay for certain programming that the FCC refers to as cable programming service. "Cable programming service" includes all program channels on your cahle system that are not included in basic service and are not separately offered as pa }- per-channe' programming or pay - per- progr -m services. The FCC also regulates rates for equipment used solely to receive cable programming service, as well as installation and service charges related solely to cable programming service. However, since most equipment used to receive cable programming service is also used to receive basic service. equipment complaints should generally be directed to your local franchising authority. Q: Are There Some Rates That Neither the FCC Nor Local Franchising Authorities Regulate? ` A: Yes. Neither the FCC nor your local franchising authority regulates rates for pay -per- channel programming (for instance, a premium movie channel such as HBO or Showtime) and pay -per- program services (for instance, pay -per -view sports events). This means that your cable company may charge what it chooses for these services. Q: How are the rates of my cable company regulated? A: The rates for the basic service tier are regulated by your local franchising authority, but the rate regulations your local authority enforces are regulations that the FCC has adopted. Basically, the FCC has established a benchmark for use by the local authorities in their determinations of rate reasonableness. The benchmark for all cable systems is the average rates on September 30, 1992 of cable systems that are subject to effective competition. Those rates are presumed reasonable, so the rates of cable companies that are not subject to effective competition will also be presumed reasonable if they do not exceed the benchmark. Cable programming services- -that is, all video programming provided over a cable system not including basic service or per- channel or per - program service - -is subject to regulation directly by the FCC, and not by your local authority. The Commission will consider whether rates are reasonable for such video programming services (that is, not over the benchmark) when a complaint is filed by a subscriber to that cable system. Per - channel or per- program services, which are those services for which the cable system charges a separate fee, as stated above, are not subject to rate regulation. r L In addition to the benchmark as the basis of rate regulation, the FCC has adopted a price cap for annual price increases. A cable system that has no effective competition cannot increase its rates beyond inflation which is measured by an annually- calculated price index (the GNP- • PI). One final method to regulate cable rates is the cost -of- service standard. If a cable company believes that its rates must be permitted to exceed the benchmark or its rate increase must be allowed to exceed the price cap. it can elect to justify higher rates based on its higher costs of providing service. This is a more complicated method for determinin_ the reasonableness of a cable company's rates._ But if the cable company can make the case that its higher costs require higher rates. its rates will he allowed to exceed the benchmark and price cap maximums. Q: May my local franchising authority begin immediately to regulate my-cable system's basic rates? A: No. In order to exercise its authority to regulate basic cable rates, your local franchising authority must be certified to do so by the Commission. Your franchising authority must certify to the Commission that it has the legal authority and the personnel necessary to regulate rates, that it will adopt rules consistent with Commission rules governing the basic service tier. and That it will adopt procedural rules providing for notice and comment in rate regulation proceedings. Your franchising authority's certification becomes effective 30 days after it is filed with the Commission, unless the Commission• notifies your franchising authority to the contrary. Your franchising authority must adopt the rules referred to above within 120 days of certification. Should your local franchising authority's certification be denied or revoked, the Commission: • will assume jurisdiction to regulate rates for basic cable service and associated equipment of a given system. The Commission will not intervene to regulate basic cable service rates should your local franchising authority choose not to seek certification from the Commission nor request the Commission to assume jurisdiction. i . Q: How Do I File A Complaint With the FCC? A: If you are a cable subscriber wishing to.file a complaint with'the FCC about rites for cable programming service, related equipment, or installation, you should rill out FCC Form 329 and submit it to the FCC.. Franchising authori ties and other relevant state or. local governments may also file FCC Form 329 to file a complaint with the FCC about rates for cable programming service, related equipment, or installation. Q: How Does the Complaint Process Work? A: Your complaint begins a legal process that requires your cable company to demonstrate that its rates are reasonable under the law. The FCC requires your cable company to respond in writing to your complaint within thirty days of the date you file your complaint: unless your cable company is notified by the FCC that your complaint cannot be processed. In its response, your cable company must show that its rates are reasonable under the law. The cable company must provide you with a copy of its response. The FCC will examine the information submitted by the cable company and determine whether its rates for cable programming service are too high. If so. the FCC may order a refund and /or a rate reduction for the cable programming service. You and the franchising authority will receive a copy of the FCC's final ruling on the reasonableness of the cable programming service rate charged by your cable company. 0 Your complaint will be maintained by the FCC under the cable company's community unit identifier, which is a number assigned to each cable system by the FCC for administrative purp3ses. This number should appear on your cable bill. Your - omplaint will not he tiled under your name. If you have any questions regarding the status of your •omplaint, you may call (202 )416 -0919. Please be prepared to tell us the name of the cable system and the name of the community where the cable system is located. Q: How can I obtain copies of the Commission's cable regulations? _ A: Due to budgetary considerations, the Commission does not supply free copies of its regulations. You can purchase copies of the Commission's decisions and specific regulations by calling International Transcription Service [ITS] at (202) 857 -3800. When you call ITS, ask for cable regulations and specify whether you want information regarding rates or other areas. If you wish to purchase copies of-the new Cable Act, the entire Communications Act, or Commission rules and regulations, call the Government Printing Office [GPO] at (202) 783 -3238. There may also be a GPO outlet in a major city nearer to you. The FCC's cable television rules and regulations are contained in Title 47 of the Code of Federal Regulations. Part 76. Q: How can I obtain further information from the Commission? A: The Cable Services Bureau is located at 2033 M Street NW in Washington D.C. The following mailing address may be used: Cab'.e Services Bureau, General Cable Inquiries, PO Box 18698, Washington DC 20036. The general telephone number for assistance with rate complaints is (202) 416 -0902. The Commission's Consumer Assistance Branch also serves as a focal point for information dissemination and outreach to public interest and consumer organizations. It is Iocated in Room 254, 1919 M Street NW, Washington DC 20554; telephone (202) 632 -7000. Commission offices are normally open from 8:00 a.m. to 5:30 p.m., Monday through Friday, excluding legal holidays. • 0 1] April 11, 1994 C. MEMO FOR YOUR INFORMATION TO: MAYOR & CITY COUNCIL GARY PLOTZ, CITY ADMINISTRATOR JOHN RODEBERG, CITY ENGINEER JIM MARKA, BUILDING OFFICIAL JEAN WARD, HRA DIRECTOR PHIL GRAVES, CEO HUTCHINSON COMMUNITY HOSPITAL ED TULSA, FINANCE DIRECTOR, HUTCHINSON COMMUNITY HOSPITAL DICK LENNES, DIRECTOR HCDC • STEVE MADSON, CHIEF OF POLICE DOLF MOON, PARKS, RECREATION, COMMUNITY ED., DIRECTOR FROM: KEN MERRILL FINANCE DIRECTOR SUBJECT: MOODY'S RATING AGENCY VISIT TO HUTCHINSON A visit is currently scheduled by Moody's Investor Service either May 17 or May 18. Steve Bocamazo, Analysis, is the person scheduled as Moody's representative he was also present during the last visit by Moody's when the Hospital bonds were being rated. Attached is a letter from Steve Apfelbacher, Ehlers and Associates, outlining information which would be a part of the presentation to Bocamazo. The dates are set but the itinerary and time scheduled for Hutchinson is not known at this time. I am attaching the information sent by Apfelbacher for your review and to allow time to gather the information as outlined. An agenda will be prepared as we get closer to the scheduled. If you have any questions or items to add please let me know. City Hall Parks &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 n coded paper - Ehlers and Aspciates,Inc. LEADERS IN PUBLIC FINANCE • March 22, 1994 Mr. Ken Merrill, Finance Director City Hall 111 Hassan Street Hutchinson, MN 55350 -2439 RE: CITY OF HUTCHINSON, MN; MOODY'S PRESENTATION MAY 17-18,1994 Dear Ken: Last Fall we discussed the need to have Moody's Investors Service visit Hutchinson this Spring. We have been discussing this possibility with Moody's and have arranged with Steve Bocamazo, the lead Minnesota analyst at Moody's, a tour of Hutchinson on May 17 or 18. Since the City is a frequent debt issuer, it is important for us to maintain an ongoing dialogue with Moody's. Your Moody's bond rating affects the interest rates you pay on your debt and the number of underwriters interested in bidding on your issues. • Prior to August, 1990, Hutchinson carried an "A" rating. Due to the size of the Hospital's debt that is backed by the City's taxing powers, Moody s downgraded the City's rating to the current Baa -1. Since that last Moody's presentation, Hutchinson has experienced substantial, significant growth. As Moody's reviews the City's general obligation debt, they will examine the following areas: • Economic Factors: Local tax base, strength of the local economy, the City's ability to pay, property tax and special assessment procedures and delinquencies, accounts receivable, population trends, future development opportunities and their related costs, as well as future annexations. • Debt Management: Debt per capita and per valuation ratios, structure of overall debt, future debt planning, five -year CIP, rate of debt repayment. • Financial Performance: Annual operating performance, year -end positions, liquidity and cash flow requirements, annual revenues exceeding annual expenditures, multi -year trends, timely rate adjustments for utilities, fund balance policy, investment of cash balances and the closeness of budgeted vs. actual expenditures and revenues. • Local Management: Government organization, qualifications and track record of professional managers, services that are provided, the degree of flexibility in providing services, fixed budget expenditures such as debt, pensions and contractual obligations, and budget strategy recognizing the State of Minnesota's financial condition. 10 OFFICES IN MINNEAPOLIS, MN AND BROOKFIELD, WI 2950 Norwest Center. 90 South Seventh Street. Minneapolis, MN 55402 -4100 Telephone 612 - 339 -8291. FAX 612- 339 -0854 I ... • Mr. Ken Merrill Hutchinson, MN • March 22, 1994 Page 2 Themes we should specifically address in this presentation about the City include: • Debt burden in the future will remain moderately above average but manageable • Controllable, moderate, and diverse tax base growth as well as rapid debt payouts will continue • The City's overall financial position will remain strong with an annual balanced budget, strong general fund balance, timely utility rate adjustments • The City has long -term growth potential and benefits from the strong Twin Cities economy • Special assessments will continue to be a significant revenue source to retire additional debt • Utility revenues and tax increment revenues will continue to retire existing indebtedness • The Hospital will continue to pay it share of debt from its own revenue sources • Elected officials support of staff - initiated policies We should further discuss these issues, their current status, and how to incorporate them into the presentation materials and tour of the City. Following is a partial list of some of the actual presentation materials I envision we should prepare: • A letter from the Mayor highlighting key events and activities that have recently occurred. This could include an updated CIP, HRA/development actions, or developer policy changes. • A map highlighting the City's location within the State • City staff directory • 3 to 5 -year history of: 1. General Fund Revenues and Expenditures and Local Government Aid 2. Fund Balances 3. Property Tax Rates 4. Bonded Indebtedness 5. Sewer/Water Fund Mr. Ken Merrill Hutchinson, MN Tax Base Information: 1. Annexation update 2. Developer policies 3. Development activity /pending projects 4. Building permits 5. Utility staging plan 6. Future land use 7. Development concept 8. Current residential lots available 9. HRA activities/programs • Five -year C I P • Population trends and growth • Citywide surveys /newsletters • Finance report on current financing • Official Statement on current financing March 22, 1994 Page 3 We need to discuss this preliminary outline as well as finalizing the schedule for the 1994 429 improvements. I am also waiting to hear back from Ed about negotiating a lower interest rate on the $2,000,000 Hospital Equipment Lease of 1990. Very truly yours, EHLERS AND ASSOCIATES, INC. Steven ac Steven F. Apfelbacho er President SFA:nad cc: Gary Plotz, City Administrator Encl. HUTCH/48 • 0 Ll PIONEERLAND LIBRARY SYSTEM John M. Houlahan, Director 0 MAR1994 1,$W&5Nytfeef, Willmar, MN 56201 -3298 BY.____._._....... Phone W. 61=35-3162 Fax. No. 61 212 35 -31 69 PIONEERLAND LIBRARY SYSTEM UPDATES March 22, 1994 PIONEERLAND LIBRARY SYSTEM UPDATES are occasional communications from Pioneerland administrative staff to Pioneerland Library System board, mayors, city councils and county commissions, head librarians, local library boards & city and county administrators. These communications are to inform UPDATES readers on current policy and service issues related to programs, services and management of Pioneerland Library System. POLICY COMMITTEE RESPONDS TO AGREEMENT ISSUES Pioneerland's policy committee met on March 2 and took the following actions on recent agreement concerns. 1. Short term borrowing. Action: Policy committee will recommend at the next Pioneerland board meeting, April 21 in Benson, new language be added to the agreement; 111.4.g . See underlined language below. "The library board may authorize short term borrowing of funds (six months or less) not to exceed one - quarter of the annual budget for the previous twelve months. Short term borrowing may oar (y be for current year's budgeted items and r payment most be paid out of current y ar's revenues " 2. Pioneerland collect payment twice a year from cities and counties. Action: Policy committee will ask finance committee to: 1) study how implementing twice a year payments might impact PLS's budget 2) determine if there would be a need for short term borrowing to meet expenses during transition from quarterly payments 3) set dates for implementing if the proposal is adopted. Twice a year payments may be allowed under current agreement. No new amendment is necessary. 3. Nonsignatory status. Action: Policy committee will conduct a study on signatory and nonsignatory roles and responsibilities. Study findings will be shared with city and county signatories and nonsignatory cities. updates march 12, 1994, page 2 4. Asset ownership Action: Pioneerland will update its inventory and review city, county, and system's contents insurance. Staff will discuss the inventory process at their April 13th meeting. Policy committee will develop recommendations concerning the ownership of assets. 5. Legal review Action: Policy committee concurs with other Pioneerland committees that current agreement and amendments should be reviewed by legal council. Pioneerland Director will investigate the hiring of legal council. STRATEGIC PLANNING AND THE BUDGET PROCESS r� At the February local library trustee meetings, nearly half of Pioneerland's (PLS) libraries were introduced to strategic planning. Local and systemwide strategic planning will be included in the 1995 budget process. In March, libraries that were not familiar with strategic planning were sent information and instructions on the process. Additional help will be provided libraries at a staff meeting on April 13. 0 As part of the process, libraries will be seeking city and county officials input on local library services. How to best collect this input will also be addressed at the April 13th meeting. Other important dates in the planning process are: May 12 first planning drafts due; May 19 PLS Board reviews drafts; June 16 PLS Board approves plans and 1995 budget. In addition to helping develop 1995 budgets, local strategic plans will be included in PLS's Long Range Plan 1994 -1999. Minnesota's Department of Education, Library Development and Services, must approve Pioneerland's 5 year plan for system to qualify for state and federal dollars. PIONEERLAND LIBRARIES AUTOMATED CATALOGS ARRIVE!!!! In the first week of March, the first 32 copies of Pioneerland's new computerized catalog arrived. When the project is completed, Pioneerland will have 57 computer workstations in its 31 libraries. While many of the libraries will have 1 workstation, Willmar will have up to 7 stations. One of the more interesting computer setups will be at Montevideo where Ll updates march 22, 1994; page 3 head librarian, David Lauritsen, has networked the new computer catalog with other CD- ROM products including Info Trac, a periodical index similar to Readers Guide, and Minneapolis Tribune in full text from 1992 -1994. MARCH /APRIL CALENDAR March 24; Automation Committee; Willmar, S:OOpm. Topics: 1) CD -ROM installation report 2) Connecting Pioneerland to Internet 3) Telefax machines or telefaxing through computers, what should be Pioneerland's future? 4) Planning Pioneerland's next computer generation March 24, System Services Facility Planning Committee; Willmar, 7:00 pm. Topic: Currently, Pioneerland Library has two service centers in Willmar and Montevideo. This committee has responsibility of studying the feasibility of finding a single location for all system wide services. March 24 is first meeting of this Pioneerland board committee. Committee members are PLS trustees: Marietta Johnsen, Willmar; Dorothy Tebben, Chippewa County; Mark Dahl , Chippewa County; Yvonne Griffin, Olivia; Barb Gjerde, Kandiyohi County; Kevin Mulder, Renville (city), and Roy Johnsen, Hutchinson. April 13; Staff Meeting, Green Lake Bible Camp; 8:30 -4:30 Topics: Inventory process, 1995 budget procedures; systemwide services 1995, local and systemwide short and long term strategic planning, CD -ROM catalog discussions. April 14, Finance Committee, Willmar, 6:00 pm Topics: 1) Should city and counties pay twice a year? If so, how and when should it begin? 2) Future funding of automation April 18: Personnel committee, Willmar, 6:OOpm Topics: 1) 1995 pay raise recommendations 2) Legal council 3)Personnel policy review 4) Discuss feasibility of hiring consultant to study system's job descriptions and pay schedule. April 21, Board Meeting, Benson, 7:30 pm. Topic: Prior to the meeting, an agenda will be sent to Pioneerland board members, staff and city and county offices. 0 i • PIC ",EE ^LAND LIBRARY SYSTEM HQ: 410 5TH ST. S.W. WILLMAR, MN 56201 -3298 0 Gary Plotz City Administrator Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 SULK RATE US POSTAGE i PAID TO: Mayor and Council FROM: Brad Emans, Fire Chief HUTCHINSON FIRE DEPARTMENT 205 Third Avenue South E,st HUTCH INSON. MINNESOTA E 72 MONTHLY CITY COUNCIL UPDATE March, 1994 The Fire Department responded to 18 calls for service in March. Four of those calls were medicals. One call was an arson fire in an abandoned house in Hassan Valley. The fire department and sheriff's office are working on this call. We had five false alarms. There was a Haz -Mat spill at Integrated Ingredient. 1280 gallons of sulfuric acid ran into the sewer. We also responded to a 2 vehicle accident 4 miles North of Hutchinson on Hwy 15. One of our firefighters, Brad Paulson, was involved in that accident along with his wife Annie and their two children 4 year old Megan and 9 month old Rachel. Megan was pronounced dead at the hospital after 40 minutes of CPR by one of our firefighters. As of this report Brad and Annie are still unconscious and in serious condition. Rachel is just fine. We are in the process of getting a fund raiser organized for the family. The fire department has responded to a fatal accident every month since October 1993. It has taken a toll on the firefighters. I felt it was necessary to call in an Incident Stress Debriefing Team, from all indications it was very much needed and very successful. Drills for the month: 1. Pumper Training 2. Accident reconstruction put on by the State Patrol. 3. New compressor training - The new compressor was installed on Weds., March 23. It was used Monday, March 28, at the Haz -Mat spill. Extra notes: We have sent out our dance tickets for our annual fund raiser, hope to see you there! Hutchinson Technology has donated $3,000.00 toward the purchase of the new air compressor. We thank them for their support. 0 HUTCHINSON FIRE DEPARTMENT MINUTES REGULAR MEETING Monday, March 7, 1994 The meeting opened at 8:15 p.m. The minutes were read and approved. The bills and runs were read as follows: BILLS CITY AND RURAL ACCOUNT GENERAL ACCOUNT Legion Post Cash FMAM -FSE Duluth Tech Hutch Tele Art Krzmarz 96 603.50 30.00 125.00 College 50.00 4,337.85 ick 5.69 4 Our Designs Inc. 17.40 TOTAL $5,169.44 Am LaFrance 241.21 Hutch Wholesale 17.00 Spartan Motors 347.43 Hutch Wholesale 58.10 McLeod Fire Chiefs 300.00 Hutch Wholesale 10.18 Coast to Coast 58.98 Hutch Wholesale 33.75 Coast to Coast .63 B & S Industries 99.99 Coast to Coast 8.19 Hutch Fire & Safety 18.96 SW Tech College 45.00 Allen Office 8.12 Allen Office 9.00 Brinkmans 36.69 Coast to Coast Coast to Coast 31.91 4.68 Festival Foods Festival Foods 25.22 5.13 Christensen Repair 1.00 Coast to Coast 1.91 Farm and Home 32.66 Coast to Coast 9.55 Anderson's 1.99 Coast to Coast 8.49 Ink Spots 21.68 Coast to Coast 23.14 Allen Office 3.40 Spartan Motors 28.98 Allen Office 63.84 MCMT 22.31 Allen Office 6.30 Brinkmans 5.86 Hutch Wholesale 1.27 Family Rexall 13.42 Hutch Wholesale 3.15 Bennett Office 14.28 Hutch Wholesale 87.80 TOTAL $1,747.20 Hutch Wholesale 31.25 Hutch Wholesale 8.69 Hutch Wholesale <3.94> GENERAL ACCOUNT Legion Post Cash FMAM -FSE Duluth Tech Hutch Tele Art Krzmarz 96 603.50 30.00 125.00 College 50.00 4,337.85 ick 5.69 4 Our Designs Inc. 17.40 TOTAL $5,169.44 HUTCHINSON FIRE DEPARTMENT MINUTES 3/7/94 PAGE 2 0 ItURK 2/1 3M 2/22 Chimney Fire 2/2 Rescue 2/22 Medical 2/2 King 2/2.5 Swanson 2/5 Medical 2/25 Medical 2/6 Medical 2/27 Konerza 2/7 Burns Manor 2/27 Schmeling 2/8 Howe 2/7 Drill /Meeting 2/9 Becker 2/8 Drill 2/9 Picket 2/9 Extra Drill 2/11 Maus 2/11 Extra First Aid 2/13 Medical 2/12 Extra First Aid 2/13 3M 2/14 Medical 2/19 Medical 2/17 Townboard Meeting 2/21 Gaspar 2/21 Fire Behavior A motion was made and seconded to approve the bills and runs as read. Randy R. reported on new procedure for attending schools. Mike S. reported please clean up after using wash bay. The meeting adjourned at 8:40 p.m. Respectfully submitted by, Bob Schantzen Secretary L� HUTCHINSON FIRE DEPARTMENT MINUTES OFFICER'S MEETING Monday, March 14, 1994 The meeting opened at 9:35 p.m. Jeff N. reported on ice rescue sled. Mike S. reported 238 is ready for grass fires. Steve S. reported on compressor. Brad reported no one should be talking about fire department business and speaking for everybody without chief and chief officer's approval. The meeting adjourned at 10;50 p.m. Respectfully submitted by, Bob Schantzen Secretary 0 LJ 3/23/94 HUTCHINSON UT &ES COMMISSION BALANCE SHEET FEBRUARY 28, 1994 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 6 ACCOUNTS INVESTMENT - GAS RESERVES MEDICAL INSURANCE BOND 6 INTEREST PAYMENT 1993 BOND RESERVE - 1993 CATASTROPHIC FAILURE FUND TOTAL RESTRICTED FUNDS A ACCOUNTS CURRENT & ACCRUED ASSETS CASH IN BANK INVESTMENTS 6 SAVINGS ACCOUNTS ACCOUNTS RECEIVABLE ACCTS REC- UNBILLED FUEL ADJ - 1993 INVENTORIES PREPAID INSURANCE FERC FILING DEPOSITS TOTAL CURRENT & ACCRUED ASSETS DEFERRED CHARGE BOND DISCOUNT 1993 TOTAL DEFERRED CHARGE PAGE 1 * w r r TOTAL N w• r 891,734.75 27,966,593.37 28,858,328.12 (15,617,336.79) (15,617,336.79) 20,958,736.61 20,958,736.61 34,199,727.94 1,054,905.55 100,000.00 253,860.00 1,389,320.00 750,000.00 3,548,085.55 3,080,499.31 679,641.65 2,325,575.13 15,740.00 743,421.75 57,519.91 30,000.00 6,932,397.75 200,722.79 200,722.79 TOTAL ASSETS 44,880,934.03 3/23/94 HUTCHINSON UTI ES COMMISSION PAGE 2 i BALAN HEET • FEBRUARY 28, 1994 M M M M TOTAL M M M N MUNICIPAL EQUITY 6 LIABILITIES .. MUNICIPAL EQUITY MUNICIPAL EQUITY 28,544,485.44 UNAPPROPRIATED RETAINED EARNINGS 397,641.03 TOTAL MUNICIPAL EQUITY 28,942,126.47 LONG TERM LIABILITIES -NEI' OF CURRENT MATURITIES 1993 BONDS 14,075,000.00 TOTAL LONG TERM LIABILITIES 14,075,000.00 CONSTR CONTRACTS 6 ACCTS PAY RETAIN ACCRUED EXPENSES - RETAINAGE _ 309,647.12 TOTAL CONSTRUCTION 6 ACCTS PAY 309,647.12 CURRENT 6 ACCRUED LIABILITIES ACCOUNTS PAYABLE 1,117,718.28 INTEREST ACCRUED 168,248.04 ACCRUED PAYROLL 42,961.77 ACCRUED VACATION PAYABLE 121,418.00 ACCRUED MEDICAL FUND (13,855.54) CUSTOMER DEPOSITS _ 85,353.00 OTHER CURRENT d ACCRUED LIABILITIES 32,316.89 TOTAL CURRENT d ACCRUED LIAR 1,554,160.44 TOTAL MUNICIPAL EQUITY & LIAB 44,880,934.03 • 3/23/94 HUTCHINSON Ul ES COMMISSION PAGE 1 HUTCHINSOMINNESOTA STATEMENT OF INCOME 6 EXPENSES _ FEBRUARY 28, 1994 U PREVIOUS CURRENT BUDGETED BUDGET ANNUAL YEAR TO DATE YEAR TO DATE YEAR TO DATE DEVIATION BUDGEI INCOME STATEMENT OPERATING REVENUE SALES - E.ECI -RIC ENERGY 1,632,502.93 1,753,720.68 1,678,410.00 75,310.68 10,233,500.00 SALES FOR RESALE 30.00 21G.00 80.00 130.00 2,000.00 NET INCOME FROM OTHER SOURCES 13,622.87 8,145.14 10,810.00 (2,664.86) 53,000.00 SECURITY LIGHTS 2,073.00 1,850.00 2,360.00 (530.00) 14,000.00 POLE RENTAL .00 .00 .00 .00 4,000.00 SALES - GAS 1,430,197.98 1,553,678.73 1,503,600.00 50,078.73 5,950,000.00 TOTAL OPERATING REVENUE 3,078,426.78 3,317,604.55 3,195,280.00 122,324.55 16,256,500.00 OPERATING EXPENSES PRODUCTION OPERATION 111,612.75 134,742.51 130,328.00 (4,414.50 885,700.00 PRODUCTION MAINTENANCE 101,048.08 15,915.17 15,400.00 (515.17) 206,000.00 PURCHASED POWER 844,758.0! 897,574.56 895,310.00 (2,264.56) 2,778,000.00 TRANSMISSION OPERATION .00 .00 .00 .00 3,400.00 TRANSMISSION MAINTENANCE 3,828.80 2,647.37 2,500.00 (147.37) 126,500.00 ELECTRIC DISTRIBUTION OPERATION 30,083.97 31,269.46 29,257.00 (2,012.46) 196,300.00 ELECTRIC DISTRIBUTION MAINTENANCE 25,653.94 28,687.31 24,669.00 (4,Oi8.31) 110,300.00 MFG GAS PRODUCTION OPERATION 397.71 422.91 360.00 (62.91) 21500.00 MFG GAS PRODUCTION MAINTENANCE 1,143.08 626.14 260.00 (366.14) 2,000.00 PURCHASED GAS EXPENSE 1,153,495.15 1,240,351.92 1,249,325.00 8,973.08 7,332,500.00 GAS DISTRIBUTION OPERATION 38,275.20 33,744.16 27,924.60 (5,819.56) 186,320.00 GAS DISTRIBUTION MAINTENANCE 10,943.65 5,388.43 9,734.00 4,345.57 43,900.00 CUSTOMER EXPENSES 25,239.94 24,301.41 25,155.00 853.59 143,500.00 CUSTOMER SERVICES 4,359.75 5,806.06 4,550.00 (1,256.06) 32,500.00 ADMINISTRATIVE 6 GENERAL EXPENSES 211,786.87 227,713.79 242,245.90 14,532.11 1,332,045.00 DEPRECIATION 131,334.00 241,666.66 246,500.00 4,833.34 1,640,000.00 TOTAL OPERATING EXPENSES 2,693,960.90 2,890,857.86 2,903,518.50 12,660.64 15,021,465.00 OPERATING INCOME 384,465.88 426,746.69 291,761.50 134,985.19 1,235,035.00 OTHER INCOME OTHER - NET 2,706.71 18,360.45 18,650.00 (259.55) 49,000.00 INTEREST INCOME 77,153.64 24,713.65 24,000.00 713.65 240,000.00 MISC INCOME 12,386.42 175.05 1,570.00 (1,394.95) 78,500.00 MISC INCOME -- GAS 48,468.44 39,251.57 50,400.00 (11,148.43) 560,000.00 TOTAL OTHER INCOME 140,715.21 82,500.72 94,620.00 (12,119.28) 927,500.00 OTHER EXPENSES MISC EXPENSES 3,487.94 696.38 1,280.00 583.62 61,000.00 INTEREST EXPENSE 15,000.00 110,910.00 112,531.50 1,621.50 665,950.00 TOTAL OTHER EXPENSES 18,487.94 111,606.38 113,811.50 2,205.12 726,950.00 CONTRIBUTION TO CITY .00 .00 .00 .00 6:0,000.00 TOTAL CONTRIBUTION TO CITY .00 .00 .00 .00 650,000.00 NON - OPERATING INCOME 122,227.27 (29,105.66) (19,191.50) (9,914.16) (449,450.00) NET INCOME 506,693.15 397,641.03 272,570.00 125,071.03 705,585.00