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cp10-22-1996 cAh All October SUNDAY MONDAY TUESDAY 1996 -20- -21- -22- HUTCHINSON 4:00 p.m. - City Council Budget CITY Workshop in Main Conference CALENDAR Room of City Center 5:30 p.m. - City Council Meeting at WEEK OF City Center October 20 to October 26 WEDNESDAY THURSDAY FRIDAY SATURDAY -23- -24- -25- -26- CONFERENCE/MEETING/ 10:00 a.m. - Directors Meeting in 10:00 a.m. - Employee Safety SEMINARIVACATION Staff Conference Room at Committee Meeting 10/21 -23 -John Rodeberg (M) City Center 10/24 -25 - John Rodeberg (SN) 10/24 -25 - Brenda Ewing (S) 10/24 -25 - Jim Marka (S) C = Conference M = Meeting S = Seminar V = Vacation • AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 22, 1996 CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Chuck Carlson, Bethany Baptist Church PRESENTATION OF RECOGNITION PLAQUES: ♦ LEE COX ♦ ROGER GILMER ♦ ROBERT HANTGE ♦ BRUCE ROSENOW MINUTES OF REGULAR MEETING OF OCTOBER 8, 1996 AND BID OPENING OF OCTOBER 7, 1996 Action - Approve as presented - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS • 1. FINANCIAL/INVESTMENT REPORT - SEPTEMBER 1996 2. PLANNING COMMISSION MINUTES OF SEPTEMBER 17, 1996 3. LIBRARY BOARD MINUTES OF SEPTEMBER 30, 1996 4. AIRPORT COMMISSION MINUTES OF SEPTEMBER 30, 1996 5. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF SEPTEMBER 5, 1996 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 96-180 - AMENDING MUNICIPAL CODE, SECTION 9.12, TO INCLUDE MUNICIPAL PUBLIC PARKING LOTS (SECOND READING AND ADOPT) 2. ORDINANCE NO. 96 -181 - AN ORDINANCE OF THE CITY OF HUTCHINSON GRANTING A FRANCHISE TO IMPRESSIONS INCORPORATED AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 3. RESOLUTION NO. 10765 - RESOLUTION REAFFIRMING CITY REPRESENTATIVES ON HUTCHINSON AREA TRANSPORTATION SERVICES (H.A.T.S.) JOINT POWERS BOARD • 4. RESOLUTION NO. 10770 - TRANSFERRING FUNDS FROM 1980 TAX INCREMENT DEBT SERVICE FUND TO ECONOMIC DEVELOPMENT LOAN FUND CITY COUNCIL AGENDA - OCTOBER 22, 1996 0 (c) SNOW REMOVAL PERMITS (d) CHRISTMAS TREE PERMIT FOR HACKER'S CHRISTMAS TREES (e) DELINQUENT WATER AND SEWER ACCOUNTS (1) USE OF LIBRARY SQUARE PARK ON NOVEMBER 29, 1996 FOR MAIN STREET'S ANNUAL HOLIDAY LIGHTING CEREMONY (g) REZONE PROPERTY KNOWN AS CENTURY COURT ADDITION FROM R -3 TO PDD AS REQUESTED BY BRIAN SOLSRUD, AUGUSTA BUILDING CORPORATION, WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (h) CONDITIONAL USE PERMIT REQUESTED BY BARRY BARTON TO CONSTRUCT MINI STORAGE LOCATED IN CASA ADDITION SOUTH OF TEXAS AVENUE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10766) (i) VARIANCE REQUESTED BY KEVIN OTTO TO REDUCE LOT WIDTH REQUIREMENT 25 FEET FROM 105 FEET TO 80 FEET FOR CONSTRUCTION OF TWIN HOME 60 FEET IN WIDTH LOCATED AT 909 HILLCREST ROAD NE WITH UNFAVORABLE RECOMMENDATION OF PLANNING • COMMISSION WITH STAFF RECOMMENDATIONS (j) CONDITIONAL USE PERMIT REQUESTED BY JOEL GROEBNER TO MOVE 30'X 26 HOME ONTO PROPERTY LOCATED AT 504 CALIFORNIA STREET WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10767) (k) VARIANCE REQUESTED BY SOLITRA INC. TO REDUCE PARKING LOT AND CIRCULAR DRIVE FROM REQUIRED 20' TO 10' WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10768) (1) AMENDMENT TO HUTCHINSON ZONING ORDINANCE SECTION 8.11, C -3 DISTRICT, NEW/USED AUTOMOBILE SALES /, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE AND SET SECOND READING FOR NOVEMBER 12, 1996) (m) CONDITIONAL USE PERMIT REQUESTED BY ROGER KLEMAN, SPORT CARS INC., TO OPERATE CLASSIC AUTOMOBILE SALES BUSINESS LOCATED AT 5 JEFFERSON STREET SE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10769) • 0 CITY COUNCIL AGENDA - OCTOBER 22, 1996 (n) AMENDMENT TO HUTCHINSON ZONING ORDINANCE SECTION 10, SIGNS IN MAIN STREET AREA, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE AND SET SECOND READING FOR NOVEMBER 12, 1996) Action - Motion to approve consent agenda PUBLIC HEARING - 6:00 P.M. (a) CREATION OF TAX INCREMENT DISTRICT NO. 11 FOR DAIRY QUEEN AND JOHNSON PROPERTY Action - Motion to close hearing - Motion to reject - Motion to approve and adopt Resolution �-4 01&MAIJ 91 1 Z6 • 110-1 16VA 0 I 9 18 1. • NONE 1 1 0 1 J► r 1► • (a) CONSIDERATION OF ENTERING INTO PARKING LOT LEASE AMENDMENT WITH ARTHUR BENJAMIN, JR. Action - Motion to reject - Motion to approve and enter into agreement (b) CONSIDERATION OF PURCHASE AGREEMENT FOR TWO -WAY COMMUNICATIONS BUILDING Action - Motion to reject - Motion to approve and enter into agreement (c) CONSIDERATION OF DEVELOPMENT AGREEMENT BETWEEN GARY COX AND CITY OF HUTCHINSON FOR PARKING LOT LOCATED IN TAX _ INCREMENT DISTRICT NO. 11 Action - Motion to reject - Motion to approve and enter into agreement (d) DISCUSSION OF PROPOSED REVISIONS IN MINNESOTA REGIONAL DEVELOPMENT ORGANIZATION Action - CITY COUNCIL AGENDA - OCTOBER 22, 1996 (e) CONSIDERATION OF ROOF REPAIR AT BURNS MANOR NURSING HOME Action - Motion to reject - Motion to approve (f) CONSIDERATION OF PURCHASE OF PYXIS PHARMACY MEDICATION SYSTEM FOR HOSPITAL'S EMERGENCY ROOM Action - Motion to reject - Motion to approve � 1. :u 6 (a) COMMUNICATIONS 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds 6 ' ►ll • 9 MINUTES REGULAR MEETING -1 UTCMNSON CITY COUNCIL TUESDAY, OCTOBER 8, 1996 The meeting was called to order by Mayor Torgerson at 5:30 p.m. Present: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg, and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Chuck Carlson. ull►l 1 The minutes of the regular meeting of September 24, 1996 were approved as presented. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS BUILDING OFFICIAL'S REPORT - SEPTEMBER 1996 2. HUTCHINSON AREA HEALTH CARE MINUTES OF AUGUST 20, 1996 • (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 96 -177 - AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN UNINCORPORATED LAND COMPLETELY SURROUNDED BY LAND WITHIN THE CITY LIMITS AND ABUTTING THEREON PURSUANT TO MINNESOTA STATUTES 414.033, SUBDIVISION 2(2) 2. ORDINANCE NO. 96 -178 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP (SECOND READING AND ADOPT) 3. ORDINANCE NO. 96 -179 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA VACATING INTERIOR LOT DRAINAGE AND UTILITY EASEMENTS LOCATED ON SOLITRA PROPERTY IN LOT 8 AND LOT 9, BLOCK 1, FIRST ADDITION TO HUTCHINSON INDUSTRIAL DISTRICT (SECOND READING AND ADOPT) 4. LETTING NO, 2. PROJECT NO, 97 -05 & 97 -06 RESOLUTION NO. 10760 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, LETTING NO. 2, PROJECT NO. 97-05 & 97 -06 RESOLUTION NO. 10761 - RESOLUTION DECLARING COST TO BE • ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, ASSESSMENT ROLL NO. 5004, LETTING NO. 2, PROJECT NO. 97 -05 & 97 -06 -41 CITY COUNCIL MINUTES - OCTOBER 8, 1996 is RESOLUTION NO. 10762 - RESOLUTION WAIVING HEARING ON PROPOSED ASSESSMENT, ASSESSMENT ROLL NO. 5004, LETTING NO. 2, PROJECT NO. 97 -05 & 97 -06 RESOLUTION NO. 10763 - RESOLUTION ADOPTING ASSESSMENT, ASSESSMENT ROLL NO. 5004, LETTING NO. 2, PROJECT NO. 97 -05 & 97 -06 (c) SNOW REMOVAL PERMITS FOR STEVE REINER AND RICHARD SMYKALSKI (d) CHRISTMAS TREE PERMIT FOR TURCK'S TREES (e) TATTOO LICENSE FOR OUTER LIMITS TATTOO The motion to approve the consent agenda was made by Council Member Craig, seconded by Council Member Mlinar and unanimously carried. (a) DISCUSSION OF MUNICIPAL PARKING LOT LOCATED ON HASSAN • STREET NE BEHIND HUTCH AUTO BODY SHOP Police Chief Madson reported on the parking lot situation and recommended amending the language in the existing City Municipal Code, Section 9.12, to include municipal public parking lots. Following discussion, Council Member Mlinar moved to approve amendment and to waive first reading of Ordinance No. 96 -180 and set second reading for October 22, 1996. Motion seconded by Council Member Peterson and unanimously carried. 26 01 IRJ I L ei &V4 9 •UI►:► • •• WINNFNIV 1 (a) CONSIDERATION OF REQUEST BY IMPRESSIONS INCORPORATED FOR FRANCHISE AGREEMENT TO ENCROACH ON BOULEVARD WITH MONUMENT SIGN Following discussion, Council Member Mlinar moved to approve the franchise agreement and to waive first reading of Ordinance No. 96 -181 and set second reading for October 22, 1996. Motion seconded by Council Member Erickson and unanimously carried. L� 0 CITY COUNCIL MINUTES - OCTOBER 8, 1996 (b) CONSIDERATION OF REQUEST BY BRIAN DEVRIES, D.B.A. SHANTEL'S, TO PLACE POP MACHINE ON CITY SIDEWALK Following discussion, Council Member Erickson moved to reject the request, seconded by Council Member Peterson and unanimously carried. (c) CONSIDERATION OF ELIMINATING CERTAIN PROPERTY FROM TAX INCREMENT FINANCING DISTRICT NO. 8, AUGUSTA HOMES Following discussion, Council Member Erickson moved to approve the amended development agreement and to adopt Resolution No. 10764, seconded by Council Member Craig and unanimously carried. (d) CONSIDERATION OF SETTING A CLOSED MEETING TO DISCUSS HAYDEN /OSGOOD LITIGATION AND OTTER LAKE CROSSING LITIGATION The motion was made to set a closed meeting for November 12, 1996 immediately after the regular City Council meeting, seconded and unanimously carried. (e) CONSIDERATION OF FINAL SUBMISSION FOR SOURCE SEPARATED • COMPOSTING GRANT, UNDER LOW TECH MPCA PROGRAM/OEA Administrator Plotz commented on the recycling meeting held October 1, 1996 with representatives from HIT, 3M, the public schools, the grocery stores, and haulers. He stated that the attendees were positive toward the $100,000 low -tech grant application. Following discussion, Council Member Craig moved to approve the grant application and to adopt Resolution No. 10759. Motion seconded by Council Member Peterson and unanimously carried. (a) COMMUNICATIONS FROM AMERICAN LEGION POST 96 The American Legion manager requested approval of a temporary Sunday on -sale liquor license for October 13, 1996. Following discussion, Council Member Mlinar moved to approve the temporary license, seconded by Council Member Peterson and unanimously carried. (b) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Council Member Mlinar reported that the Minnesota Regional Development Organization Board has made proposed changes to the Regional Development Act. It will be acted on at the next legislative session. • CITY COUNCIL MINUTES - OCTOBER 8, 1996 • (c) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg commented that althouTh the Police Chief's vehicle is due for replacement in 1997, it needs to be replace sooner. He requested authorization to advertise for bids on a police car. Following discussion, Council Member Mlinar moved to approve advertising for bids, seconded by Council Member Craig and unanimously carried. (a) VERIFIED CLAIMS The motion to approve the claims and to authorize payment from appropriate funds was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. There being no further business, the meeting adjourned at 6:08 p.m. • • • MINUTES BID OPENING MONDAY, OCTOBER 7, 1996 Finance Director Kenneth B. Merrill called the bid opening to order at 2:00 p.m. Also present were: Director of Engineering John Rodeberg, Assistant Engineer Cal Rice, and Engineering Secretary Patrice Vander Veen. Director Merrill waived the reading of Publication No. 4968, Advertisement for Bids, Letting No. 2, Project No. 97 -05 & 97 -06. The following bids were opened and read: Juul Contracting Co. $44,229.60 Hutchinson, MN Quam Construction Co. 76,191.90 Willmar, MN Kuechle Underground Inc. 52,576.40 • Kimball, MN The bids were referred to the Engineering Department for review and a recommendation at the City Council meeting on October 8, 1996. There being no further bids and no objections, the bid opening adjourned at 2:12 p.m. 11 �3, SEPTEMBER 1996 CITY OF HUTCHINSON FINANCIAL STATEMENTS SEPTEMBER 1996 REVENUE REPORT - GENERAL SEPT. YEAR TO ADOPTED BALANCE PERCENTAG • ACTUAL DATE ACTUAL BUDGET REMAINING USED TAXES 0.00 579,259.03 1,402,694.00 823,434.97 41.30% LICENSES 6,137.50 23,267.50 25,100.00 1,832.50 92.70% PERMITS AND FEES 17,997.87 158,123.70 174,000.00 15,876.30 90.88% INTERGOVERNMENT REVENUE 45,926.29 1,103,811.39 2,280,478.00 1,176,666.61 48.40% CHARGES FOR SERVICES 88,786.19 593,809.95 1,132,323.00 538,513.05 52.44% FINES & FORFEITS 4,466.15 38,627.35 66,000.00 27,372.65 58.53% INTEREST 15,332.06 205,052.72 75,000.00 (130,052.72) 273.40% SURCHARGES - BLDG PERMITS (3,830.27) 832.20 1,000.00 167.80 83.22% CONTRIBUTIONS FROM OTHER FUND 100,918.37 315,048.14 714,886.00 399,837.86 44.07% REIMBURSEMENTS 29,897.42 52,140.03 40,000.00 (12,140.03) 130.35% SALES 0.00 0.00 15,800.00 15,800.00 0.00% TOTAL 305,631.58 3,069,972.01 5,927,281.00 2,857,308.99 51.8% EXPENSE REPORT GENERALFUND MAYOR & COUNCIL 4,869.90 33,977.69 46,785.00 12,807.31 72.6% CITY ADMINISTRATOR 13,103.70 135,223.94 175,472.00 40,248.06 77.1% ELECTIONS 1,980.90 3,612.60 6,025.00 2,412.40 60.0% FINANCE 20,864.10 214,582.97 299,185.00 84,602.03 71.7% MOTOR VEHICE 9,201.00 89,884.46 121,360.00 31,475.54 74.1% ASSESSING 0.00 0.00 25,500.00 25,500.00 0.0% LEGAL 7,551.10 65,386.70 95,599.00 30,212.30 68.4% PLANNING 6,404.30 68,360.86 83,857.00 15,296.14 81.7% DEPARTMENT 121,223.20 1,132,951.25 1,436,984.00 304,032.75 78.8% • POLICE SCHOOL LIAISON OFFICER 8,606.80 73,547.59 93,241.00 19,693.41 78.9% EMERGENCY MANAGEMENT 132.90 4,155.00 1,100.00 (3,055.00) 377.7% SAFETY COUNCIL 0.00 0.00 250.00 250.00 0.0% FIRE DEPARTMENT 60,384.80 134,238.73 164,012.00 29,773.27 81.8% FIRE MARSHAL 2,410.60 27,275.91 31,167.00 3,891.09 87.5% PROTECTIVE INSPECTIONS 12,158.20 107,221.77 141,697.00 34,475.23 75.7% ENGINEERING 27,727.70 338,172.26 352,442.00 14,269.74 96.0% STREETS & ALLEYS 67,222.70 455,397.14 538,885.00 83,487.86 84.5% STREET MAINTENANCE A/C 7,535.60 84,157.86 87,600.00 3,442.14 96.1% CITY HALL 6,419.20 69,539.54 85,382.00 15,842.46 81.4% PARK/REC ADMIN. 14,235.50 113,326.39 139,321.00 25,994.61 81.3% RECREATION 11,595.90 207,389.91 230,698.00 23,308.09 89.9% SENIOR CITIZENS CENTER 9,696.50 64,329.99 94,836.00 30,506.01 67.8% CIVIC ARENA 11,225.20 128,639.11 158,908.00 30,266.89 81.0% PARK DEPARTMENT 44,141.90 478,522.36 586,393.00 107,870.64 81.6% RECREATION BUILDING & POOL 10,752.00 78,803.87 83,703.00 4,899.13 94.1% LIBRARY 20,125.60 91,414.23 98,412.00 6,997.77 92.9% CEMETERY 4,637.30 65,006.88 79,620.00 14,613.12 81.6% DEBT SERVICE 930.00 15,370.00 53,770.00 38,400.00 28.6% AIRPORT 11,374.60 70,229.17 72,107.00 1,877.83 97.4% TRANSIT 12,423.40 97,745.04 125,478.00 27,732.96 77.9% COMMUNITY DEVELOPMENT 5,562.30 70,110.93 76,000.00 5,889.07 92.3% UNALLOCATED 52,438.10 227,249.00 341,694.00 114,445.00 66.5% TOTAL 586,935.00 4,745,823.15 5,927,281.00 1,181,457.85 26.77 • 4 -h(� SEPTEMBER 1996 CITY OF HUTCHINSON FINANCIAL REPORT - 1996 SEPTEMB ENTERPRISE FUNDS • REVENUE REPORT - LIQUOR FUND SEPT. YEAR TO ADOPTED BALANCEPERCENTA ACTUAL DATE ACTUAL BUDGET REMAINING USED LIQUOR SALES 53,740.33 515,592.74 739,000.00 223,407.26 69.8% WINE SALES 16,529.81 174,564.29 231,000.00 56,435.71 75.6% BEER SALES 90,873.51 956,071.26 1,155,000.00 198,928.74 82.8% BEER DEPOSIT (367.96) 237.20 0.00 (237.20) 0.0% MISC. SALES 8,312.20 80,826.43 91,000.00 10,173.57 88.8% LOTTERY SALES 1,468.30 3,067.74 20,000.00 16,932.26 15.3% REFUNDS & REIMBURSEMENTS 0.00 25,560.00 0.00 (25,560.00) 0.0% CASH DISCOUNTS (1,876.40) (16,245.63) (16,000.00) 245.63 101.5% INTEREST 741.69 5,097.49 2,000.00 (3,097.49) 254.9% TOTAL 169,421.48 1,744,771.52 2,222,000.00 477,228.48 78.5% EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 13,920.96 150,747.05 177,339.00 26,591.95 85.0% REPAIR & MAINTENANCE 548.51 8,276.65 9,350.00 1,073.35 88.5% CONSULTING 0.00 669.30 2,000.00 1,330.70 33.5% OTHER SERVICE & CHARGES 3,458.31 50,110.07 56,125.00 6,014.93 89.3% DEPRECIATION 0.00 0.00 22,500.00 22,500.00 0.0% DEBT SERVICE 0.00 0.00 38,360.00 38,380.00 0.0% TRANSFERS 0.00 166,799.86 150,000.00 (16,799.86) 111.2% COST OF SALES 124,535.56 1,262,426.80 1,693,500.00 431,073.20 74.5% MISCELLANEOUS 170.00 1,519.88 4,026.00 2,506.12 37.8% CAPITAL OUTLAY 0.00 5,143.80 2,900.00 (2,243.80) 0.0% • TOTAL 142,633.34 1,645,683.41 2,156,100.00 510,406.59 76.3% REVENUE REPORT - WATER SEWER/FUND SCORE 0.00 0.00 132,300.00 132,300.00 0.0% LICENSES 0.00 600.00 WATER SALES 84,210.00 514,661.60 665,000.00 150,338.40 77.4% WATER TREATMENT SURCHARGE 1,873.50 4,915.58 0.00 WATER METER 180.00 11,001.00 14,000.00 2,999.00 78.6% REFUSE SERVICES 44,748.40 342,027.63 450,000.00 107,972.37 76.0% REFUSE SURCHARGE 4,934.00 38,107.24 49,500.00 11,392.76 77.0% RECYCLE BAGS 20.00 538.46 500.00 (38.46) 0.0% REFUSE STICKER SALES 234.00 878.00 1,500.00 REFUSE RECYCLING (5,472.00) (43,402.00) (60,000.00) COMPOST CREDIT (773.90) (6,738.33) (10,000.00) COMPOST & RECYCLE SALES 1,715.00 9,318.85 0.00 SEWER SERVICES 182,710.30 1,372,606.23 1,890,000.00 517,393.77 72.6% PENALTY CHARGES 1,075.60 11,100.96 18,000.00 6,899.04 61.7% INTEREST EARNED 0.00 19,312.55 130,000.00 110,687.45 14.9% LOAN REPAYMENT 411.80 3,706.04 38,630.00 34,923.96 REFUNDS & REIMBURSEMENTS 0.00 5,198.75 3,000.00 (2,198.75) 173.3% OTHER 1,774.60 2,765.70 2,000.00 (765.70) 138.3% CONNECTION CHARGES 0.00 8,603.90 (8,603.90) TOTAL 317,641.30 2,295,202.16 3,324,430.00 1,063,299.94 7.70 EXPENSE REPORT - WATER SEWER/FUND 37,038.69 336,766.16 438,293.00 101,526.84 76.8% • REFUSE WATER 83,657.69 575,159,30 1,094,849.00 519,689.70 52.5% WASTEWATER 76,103.67 1,324,835.77 2,344,053.00 1,019,217.23 56.5% TOTAL 196,800.25 2,236,761.23 3,877,195.00 1,640,433.77 57.7% • 22-Oct-96 Institution Description TREAS BONDS 644136 TREAS BONDS 644137 Smith Barney GNMA 865M7 Smith Barney 313400 S H 7 Citizens, Marquette Firstate, First Minnesota 5.00% 12/30/93 4.00% 04/15/96 CITY OF HUTCHINSON 1647000000566 CERTIFICATES OF DEPOSIT 12114/95 OCTOBER 1996 Prudential Fed Home Laon Date Date Interest Of Of Rate Purchase Maturity 7.18% 12112!91 2/15/2001 7.13% 12/12!91 10/15/98 7.000% 2115/93 8/12/2002 5.00% 12/30/93 4.00% 04/15/96 03/10/00 D6101/2001 12/12/96 11/06/00 12/19/00 06/01 /02 01/23197 05/15/97 1121196 02/20/97 12/12/96 2/13197 11/14/96 03/26/97 11 1396 03!13197 06/12/97 04/10/97 Amount 367,500.00 302,437.50 197,000.00 300,071.92 100,000.00 500,000.00 200,000.00 500,000.00 206,371.04 (28,704.52) •rr rrr rr .rr rrr rr rr rrr rr rr rrr rr rr rrr rr rr rrr rr rr rrr rr .rr rrr rr •rr rrr rr rr rrr rr rr rrr rr $7,796,039.36 'CMO purchase anticapted payback is 4.332 years with a yield of 7.328% This instrument receives payments monthly and depending on speed of payment of mortgagages the yield could increase or decrease A GNMA with fixed maturity but has a call date of 8112/97 • "' Federal Home Loan Mtg Corp w/ floating rate (floor of 5.0 %) (1) CMO has been repaid in full 6!7/95 (2) Value is as of 6130/96 Firstata 1647000000566 5.80% 12114/95 Prudential Fed Home Laon 7.50% 10/31/95 Smith Barney FNMA 6.09% 12/19/95 Smith Barney FNMA pass thru 7.50% 12~20/95 REPAYMENT First Federal 411239052 5.400% 04/30196 • Firstate 371 6.65% 05116196 First Federal 411239045 5.700% 0322196 First Federal 411239060 5.800% 05/23/96 Marquette 18470'873 5.850% 07/11/96 Citizens Bank 29804 6.000% 07/11/96 Marquette 1847'0874 5.850% 07/11/96 First Federal 411239037 5.850% 0822196 Dain Bosworth FNMA 8.04% 5.350% 101096 Firstate 155 5.70% 10/10/96 Firstate 246 5.70% 10/10/96 Firstate 183 5.70% 10/10/96 03/10/00 D6101/2001 12/12/96 11/06/00 12/19/00 06/01 /02 01/23197 05/15/97 1121196 02/20/97 12/12/96 2/13197 11/14/96 03/26/97 11 1396 03!13197 06/12/97 04/10/97 Amount 367,500.00 302,437.50 197,000.00 300,071.92 100,000.00 500,000.00 200,000.00 500,000.00 206,371.04 (28,704.52) •rr rrr rr .rr rrr rr rr rrr rr rr rrr rr rr rrr rr rr rrr rr rr rrr rr .rr rrr rr •rr rrr rr rr rrr rr rr rrr rr $7,796,039.36 'CMO purchase anticapted payback is 4.332 years with a yield of 7.328% This instrument receives payments monthly and depending on speed of payment of mortgagages the yield could increase or decrease A GNMA with fixed maturity but has a call date of 8112/97 • "' Federal Home Loan Mtg Corp w/ floating rate (floor of 5.0 %) (1) CMO has been repaid in full 6!7/95 (2) Value is as of 6130/96 MINUTES • HUTCHINSON PLANNING COMMISSION Tuesday, September 17, 1996 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present: Bill Craig, Bill Arndt, Roger Gilmer, Craig Lenz, Dave Westlund, Glenn Matejka and Chairman Wood. Also present: Jim Marka, Director of Building, Planning and Zoning, Brenda Ewing, Planning Coordinator and G. Barry Anderson, City Attorney. Mr. Lenz made a motion to approve the minutes of the meeting dated August 20, 1996, seconded by Mr. Matejka the motion carried unanimously. a) CONSIDERATION TO REZONE PROPERTY KNOWN AS CENTURY COURT ADDITION FROM R -3 (MULTIPLE FAMILY RESIDENCE • DISTRICT) TO PDD (R-4) (PLANNED DEVELOPMENT DISTRICT -HIGH DENSITY DISTRICT) REQUESTED BY BRIAN SOLSRUD, AUGUSTA BUILDING CORPORATION Chairman Wood opened the hearing at 5:32 p.m. with the reading of publication #4956 as published in The Hutchinson Leader on Thursday, September 5, 1996. The request is for the purpose of considering to rezone property known as Century Court Addition from R -3 (Multiple Family Residence District) to PDD (R -4)( Planned Development District) requested by Mr. Brian Solsrud, Augusta Building Corporation. Jim Marka commented on the request explaining the history of the development by Augusta Building Corp. and Nevac Inc. He reported on the development meeting held with the developers and staff and explained the accommodations for both the city and the developer by zoning from R -3 to a Planned Development District (PDD). Discussion followed on the densities proposed. Mr. Marka stated the transitional zoning is intended to protect the properties in the Plaza Heights addition. Mr. Brian Solsrud, Augusta Building Corporation, commented on the process followed over the past months. He explained the density of the site and the plans for the site which includes ponding proposed. Mr. Solsrud • stated the plan is presently in a conceptual stage. There was discussion on the advantage of a PDD zoning. Mr. Marka explained the transitional zoning is better served by a PDD. Discussion followed on ponding with the possibility to expand existing pond or meet the ponding standard excluding Nevac. HTUCHINSON PLANNING COMMISSION MINUTES SEPTEMBER 17. 1996 • Mr. Marka commented on the development review. Brian Solsrud stated the project is market driven and will not be ready this Spring. Jim Marka commented on the proposed density and the Ordinance requirement for R-4. Mr. Solsrud commented on the TIF requirements. He stated the new development would follow the requirements. He explained since purchasing the property the requirements of density have changed. Discussion followed on amending the TIF agreement. City Attorney Barry Anderson stated the advantage of the PDD is that the city may impose restrictions on a developer. Frank Loncorich, representing his mother who lives at 835 Chicago Ave., expressed their concerns with the higher density of an assisted living facility. Mr. Marka explained the proposal of 8 plex units on the Augusta Building Corp. property and he also explained the average age of assisted living residents to be 75 - mid 80's. The proposal reflects 8 plex units near Mrs. Loncorich's property. Mr. Loncorich voiced concerns of what could be constructed in the PDD such as group homes, etc. Barry Anderson explained in a PDD development group homes, etc. are less likely to happen. The entire site is laid out in a PDD so residents in Plaza Heights will know what is to be constructed. There was discussion of the concerns permitting a PDD in the area. Tom Sather, Nevac Developer, stated timing is an important issue for their one acre development. He explained they would like to break ground in the middle of October. He commented on the building as a low impact building which serves the elderly. Barry Anderson stated the Nevac site could be approved for a PDD at this meeting and the commission could continue the Augusta Site for further study. Brian Solsrud asked for direction from the Planning Commission. Discussion followed on the density proposed by Augusta Building Corp. Mr. Craig moved to close the hearing, seconded by Mr. Matejka the hearing closed at 6:25 p.m. Mr. Craig made a motion to recommend approval of the one acre parcel and table the discussion of the Augusta portion of the property to the October meeting. Seconded by Mr. Arndt the motion carried unanimously. b) CONSIDERATION OF CONDITIONAL USE PERMIT AND LOT SPLIT • REQUESTED BY NEVAC INC. FOR CONSTRUCTION OF A 20 UNIT RESIDENT ELDERLY ASSISTED LIVING FACILITY LOCATED IN THE PDD DISTRICT AT 850 CLEVELAND AVE. S.W. 2 HTUCHINSON PLANNING COMMISSION MINUTES SEPTEMBER 17, 1996 • Chairman Wood opened the hearing at 6:26 p.m. with the reading of publication #4957 as published in The Hutchinson Leader on Thursday, September 5, 1996. The request is for the purpose of considering a conditional use permit and lot split for construction of a 20 unit resident elderly assisted living facility to be located in the P.D.D. District in Century Court Addition at 850 Cleveland Ave. S.W. requested by Nevac, Inc. Mr. Marka stated the proposed facility complies with the R -3 and R-4 districts. He commented on the proposal and the technical review. Mr. Mick Montage, Montage Development, stated he is working with Nevac Inc. and explained the structure and the staffing of the facility. He stated the building will aesthetically fit in the neighborhood. Mr. Montage commented there is a limited amount of traffic to the area as few tenants have cars. He stated seven to eight parking stalls are adequate for the facility. There was discussion on the noise from the Fairgrounds. Tom Sather, Nevac Inc., commented on the on -site parking mainly used by staff. Mr. Arndt moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 6:40 p.m. Mr. Craig made a motion to approve the lot split and the • conditional use permit proposed for the PDD district. Seconded by Mr. Lenz the motion carried unanimously. c) CONSIDERATION OF VACATION OF INTERIOR LOT EASEMENTS REQUESTED BY H.C.D.C. LOCATED IN FIRST ADDITION TO HUTCHINSON INDUSTRIAL DISTRICT BETWEEN LOTS 8 AND 9 OF BLOCK 1 Chairman Wood opened the hearing at 6:41p.m. with the reading of publication #4958 as published in The Hutchinson Leader on Thursday, September 5, 1996, and Tuesday, September 10, 1996. The request is for the purpose of considering a petition requested by Hutchinson Community Development Corporation to vacate drainage and utility easements located on the Solitra property in Lots 8 and 9, Block 1, First Addition to Hutchinson Industrial District. Jim Marka commented on the request for the vacation of the interior lots for Solitra to expand their facility. Mr. Matejka moved to close the hearing, seconded by Mr. Arndt the hearing closed at 6:43 p.m. Mr. Matejka made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Gilmer the motion carried unanimously. 0 HTUCHINSON PLANNING COMPMISSION MINUTES SEPTEMBER 17. 1996 NONE �►1.�3�by1►`1 =E�� a) CONSIDERATION OF FINAL PLAT OF " KRSIEAN ACRES PLAT TWO" SUBMITTED BY ANNA KRSIEAN Mr. Ron Krsiean, representing his mother Anna Krsiean, explained they are ready to begin work on the cul -de -sac. He stated there are no pending issues. Mr. Lenz made a motion to approve the final plat. Seconded by Mr. Arndt the motion carried unanimously. b) CONSIDERATION OF REQUEST BY THOMAS PRIEVE TO REZONE PROPERTY LOCATED IN ACOMA TOWNSHIP FROM AGRICULTURAL TO HIGHWAY BUSINESS (2 MILE RADIUS) Jim Marka explained this property is outside of the urban boundary district. He commented on the request. • Mr. Tom Prieve commented on his request as he will be selling boat lifts and • docks. Mr. Craig moved to recommend approval of the request, seconded by Mr. Matejka the motion carried unanimously. c) FOR YOUR INFORMATION - DISCUSSION OF TIF DISTRICT #11 Jim Marka commented on the TI district #11 proposed for the Dairy Queen and Two Way Communications properties. He stated there are no issues of land use this is an appropriate use for the area. Mr. Marka commented on the proposal for the Dairy Queen. Staff was directed to review soil boring data concerning tanks in the area and the developer would be responsible for the Phase I environmental review. • 1 M& PJ 9 K4 TA I Is] 1 Z0 irA MAW TTI • :►u ► 1 There being no further business the meeting adjourned at 7:00 p.m. 4 • Hutchinson Public Library Board Meeting Monday, September 30, 1996 Members Present: Mary Henke, Paul Wright, Joe Schulte, Lois Carlson, Richard Peterson, Kay Peterson, Connie Lambert (PLS), Joyce Beytien Members Absent: Sue Munz, Larry Ladd,(PLS) Paul Wright called the meeting to order. The August 26 Meeting Minutes were reviewed. Old Business: I. The custodian and Mark M. (Quades') are investigating the continual problem of the dimming light fixtures. 2. On Monday, November 25 Mary Henke and another board member( ?) will appear with the Chamber of Commerce Manager on Channel 10 for 15 minutes. Discussion followed considering topics to be covered during the program such as reasons why people would want to use the library, how to get a library card, hours, what the library offers such as books on tapes, videos, and use of a computer, and PLS benefits. . New Business: I. Some changes need to be made with board member's terms so that two members will go off every year or 2nd year. Mary will check again with the data on the city books and the board will make a resolution at the October meeting. 2. Motion, Made and Passed (J. Schulte, Rich Peterson) to approve the purchase of computer equipment. 3. Connie reported on the last PLS meeting of 9/19/96 concerning the future of the PLS automation project. Several Public Relation ideas were presented and discussed such as; an article in the paper (Hutchinson Leader) about specific topics that the library has information on, displays on the same idea, (once a month ?), prepare some special write -ups on Children's Book Week, I Love to Read Month and American Library Week, a display at the Mall, radio, Community Calendar, checking on H.S. student community service volunteers to see if we could interest some students in an early evening story time, going to some Day Care establishments to read stories, help gather and set up displays...... Lois C. presented several ideas from a Library Resource book such as writing contests and incorporating civic groups in promoting the library. The next meeting is scheduled for Monday, October 28, 1996 at 4:30 P.M. The meeting was adjourned.(R. Peterson,L Carlson) S Joyce Beytien, Secretary n U HUTCHINSON AIRPORT COMMISSION MEETING SEPTEMBER 30, 1996 Meeting was called to order at 7:45 p.m. by Dave Skaar. Members Present: Dave Skaar, Joe Dooley, Al Koenig. Members Absent: Mayor Torgerson, Dennis Kahl, Tim Miller. Guests: Tom Parker, Jerry Peterson, Bernie Knutson, Doug McGraw. City Staff: Doug Meier Jerry Peterson (TKDA) reviewed with the Commission Proposed Construction and Engineering Cost, which included anticipated funding scenarios. He also outlined the four proposed bid packages. See attached cost estimates. • Next Meeting: October 28, 1996 at 7:30 pm at the Airport Lobby. Meeting adjoumed at 8:30 pm. Report Submitted by Doug Meier. • Agenda - HCD AAC Meeting - 9/30/96 Brief review of meeting in our office on 9/4 What's included in the Phase II project? (Hand out copy of estimate, use colored bldg area plan) Review construction and engineering costs { Anticipated funding scenarios { { Outline the four proposed bid packages Hand out plan of Terminal Bldg., discuss Ask for comments on layout of T- hangar area; orientation of hangars - pros and cons Discuss proposed engeering contract, increases in scope and fees 0 Where we go from here: -City negotiates and signs contract • -meet w/ MnDOT,FAA, HCD in pre- design conf. -begin design: surveys, soil borings to update and complement the previous data • 10734 •TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS-ARCHITECTS-PLANNERS ST. PAUL, MINNESOTA REVISED SEPTEMBER 24, 1996 COMMISSION NO. 10734 $V11111-1 Ll 114 00 oil 2 IPWA1141 Wil [Eli Ili !:� 9 19111 •• DEVELOPMENT ITEM COST EEL STATE LOCAL (90/10) (50 /50) 1. Complete Parallel Taxiway $790,000 $171,000 $19,000 2. Alrcralt Apron 568,000 511,200 56,800 3. Apron Floodlighting 38,000 34,200 3,800 4. Entrance Road Grading 24,000 12,000 12,000 5. Entrance Road Paving 15,000 7,500 7,500 6. • Parking Lot Grading 75,000 37,500 37,500 7. Parking Lot Paving 39,000 19,500 19,500 8. Parking Lot Lighting 33,000 16,500 16,500 9. Snow Removal Equip. Bldg. (2,000 SF @ 525 /SF) 50,000 25,000 25,000 10. Well 6,000 3,000 3,000 11. Septic System 15,000 7,500 7,500 12. Relocate Fuel System 15,000 7,500 7,500 13. Storage Hangar Site Preparation 100,000 50,000 50,000 14. T -Hangar (8- Unit)' 175,000 140,000 35,000 15. Terminal Building (2,500 SF @ 590 /SF)" 225,000 112,500 112,500 16. Maintenance Hangar (5,600 SF @ 545 /SF) 252.000 126.000 126.000 Sub -Total $1,820,000 $716,400 $564,500 $539,100 Engineering & Testing 440,000 172,750 136,250 131,000 Legal & Administration 20,000 7,900 6,200 5,900 • Contingency 35, 13 .850 10.850 10.300 TOTAL COST - PHASE II $2,315,000 $910,900 $717,800 $686,300 ' State share is assumed to be 10-year Interest -free loan. " 2/3 -1/3 state/local cost share. TOLTZ, KING, DUVALL, ANDERSON ST. PAUL, MINNESOTA AND ASSOCIATES, INCORPORATED REVISED SEPTEMBER 24, 1996 ENGINEERS- ARCHITECTS - PLANNERS COMMISSION NO. 10734 ai; 1 91 q : • „Iei • �• 1 I l l I 21C.1 .- • . l ■ ► •► a ►�. • • DEVELOPMENT ITEM COST FED STATE LOCAL (90110) (213 -1/3) 1. Complete Parallel Taxiway $190,000 171,000 $19,000 2. Aircraft Apron 568,000 511,200 56,800 3. Apron Floodlighting 38,000 34,200 3,800 4. Entrance Road Grading 24,000 16,000 8,000 5. Entrance Road Paving 15,000 10,000 5,000 6. Parking Lot Grading 75,000 50,000 25,000 7. Parking Lot Paving 39,000 26,000 13,000 • 8. Parking Lot Lighting 33,000 22,000 11,000 9. Snow Removal Equip. Bldg. (2,000 SF @ $25 /SF) 50,000 33,300 16,700 10. Well 6,000 4,000 2,000 11. Septic System 15,000 10,000 5,000 12. Relocate Fuel System 15,000 10,000 5,000 13. Storage T- Hangar Site Preparation 100,000 66,700 33,300 14. T- Hangar (8- Unit)' 175,000 140,000 35,000 15, Terminal Building (2,500 SF @ $90 /SF) 225,000 150,000 75,000 16. Maintenance Hangar (5,600 SF @ $45 /SF) 252,000 126.000 126.000 Sub -Total $1,820,000 $716,400 664,000 439,600 Engineering 8 Testing 440,000 173,450 159,400 107,150 Legal & Administration 20,000 7,900 7,300 4,800 Contingency 35.000 13.850 12,700 8.450 TOTAL COST - PHASE 11 $2,315,000 $911,600 $843,400 $560,000 'Stale share Is assumed to be a 10 -year Interest -free loan 'Z/ -A ) 0 0 HCD - PROJECT DESCRIPTION AND COSTS PROJECT N0. 1 ! PROJECT N0. 2 - - _- APRON, TAXIWAY, AUTO PARKING & ROADWAY iA/D BUILDING AND FBO HANGAR Schedule 1, FAX Funded iMnDOT Funded Parallel Taxiway $190,000 I iA(D Building $225,000 Aircraft Pa_ rking Apron 606.000 'FBO Hangar 1$252,000 Subtotal I 1 796,000 Well i 6,000 'Sanitary System 15.000 Sched 2, MnDOT Funded _ i I Entrance Roadway ! $39,000 Project Total 1 $498,000 j Auto Parking Lot I 147,OOOi ;Design Engineering Cost '$65,000 (13.1 %) Project Total $275,000 j I Design Engineering Cost '$35,000 (12.7 %) i I i I 1 TOTAL CONSTRUCTION COSTS, PROJECTS 1 THRU 4 = $1,820,000 1 MnDOT Funded - - — L _ T Funded L . d . MnDO i _ � � I . � 8 Unit T Hangar $175,000 1 Building (complete) $50,000 - -- - - - -- - -- I - . Hangar Site Preparation $100,000 Design Engineering Cost $15,000 3 --- 1 _ ... _ L . ENGINEERING COSTS � Design Engineering (4 I Projects) $240.000 (13.2 %) C Engineer (4 Projects) I $180,000 Mat'Is Testing (4 Projects) $20.000 ENGINEERING TOTAL 1 $440,000 (24.2% of Construction Cost) Relocate Fuel System OOOj Subtotal $201,000 -- Project Total I $997,000 Design Engineering Cost $125,000 (12.5 %) PROJECT NO. 3 - ! PROJECT NO. 4 - T- HANGAR MAINTENANCE EQUIP BLDG 0 • MINUTES Parks, Recreation & Community Education Advisory Board September 5, 1996 Members present were Mdse Schall, Peggy Westlund, Lyle Block, Linda Martin, Theresa Sweeney, John Mlinar, Loretta Pishney, Rev. Brian Brosz and Mark Erickson. Also present were Dolf Moon and Karen McKay. The minutes dated August 1, 1996 were approved by a motion made by Loretta Pishney, seconded by Mike.Schall, the Board unanimously agreed. The meeting was called to order at 5:15 p.m. ELEcnON OF SECOND VICE. CHAIR Lyle Block made a motion to elect Dave Heidebrink second vice chair. Mark Erickson seconded the motion, the Board agreed unanimously 9 -0. • Middle School Pool - Dolf, along with school and board members have toured other community s pools, Chaska and the University of Minnesota. A few of the findings include 1) need 10 feet of pool for every foot of drop 2) State and Federal laws require three and a half feet for turning in competitive swimming. When presented to voters, the pool was to include zero depth water to be "community oriented ". The pool and gym area will be isolated from the school to allow for use on Saturdays and Sundays. Middle School Activities - The School Board meet and reviewed a proposal for Community Education running 7th & 8th Grade activities for a cost of $3,000. At this time, the activities will be run as in the past and will be reviewed for 1997-98 school year. Community Education will continue to run an intramural basketball league and be responsible for a yearbook. ,*,Mighty Ducks Grant/ Summer Ice Wrap Up - The Civic Arena saw heavy use during the four week period of summer ice. The utility costs were approximately $10,000, everything went as expected. Work will begin on the items included in the grant specifically new lighting and an Alumazorb ceiling. As proposed to the City Council, the $50,000 portion needed to match the state funds will be $12,000 city and the balance from the Hutchinson Youth Hockey Association. Wove hearts Lot . it (Parkland Dedication) - This development will be constructed west of K -Mart. There will be 19 bedrooms with common living space such as kitchen/dining and lounge. It's a one acre parcel that would typically be divided into four lots if houses were to be built for cost of $215 • each for park dedication. The City's recommendation is to charge $860 for parkland dedication for the development that is designed for elderly living. After a brief discussion, Mike Schall made a motion to accept a cash contribution in the amount of $860 in lieu of parkland based on four lots at $215 per lot. Loretta Pishney seconded the motion, the Board agreed unanimously 9 -0. ,// ,4, �5> MINUTES Parks, Recreation & Community Education Advisory Board September 5, 1996 Page two At this time, there is $73,000 in the parkland dedication fund. The apartment complex next to K -Mart installed a water detention pond and $8,000 of equipment including play items, benches and green space. In other discussion, a pedestrian bridge is proposed where the former trestle bridge was located in Tartan Park, funded by money from 3M. The AmericInn did not pay parkland dedication fees, the City is working on collecting that at this time. Typically gas and water meters are not installed until parkland dedication fees are paid at the time of the building permit. 0 Budoet Parks & Recreation - The Board received a budget summary showing 1995 actual 1996 adopted with the percentage of revenues versus expenses. The 1997 proposal is to cut the Recreation Center roof and find another way to fund the repairs. It is still early in the budget process, the City Council • reviews the budget the directors have proposed at a meeting scheduled for Monday, September 9th. There are 19 full time employees in the Parks & Recreation Department 70% of the budget is salary and benefits. SRF Report - The Minnesota Department of Transportation paid for a report compiled for Hutchinson regarding fight traffic walkway/bikeways and trails. Hutchinson is eligible for grant money to stripe existing surfaces rather than making new trails. Trail Paving- Paving of the Luce Line Trail will take place in '97. There is a six week bid process. The Police Department and the Parks may share a person to patrol along the river in 1997, possibly an intern. Community Education Report - The Board received a copy of the report submitted to the state showing the number of people served through programming. Fall Brochure - The Board received a copy of the fall brochure. The Park, Recreation and Community Education money is deposited daily together and will be separated on a monthly basis to the School District for program registration fees. • • MINUJTES Parks, Recreation & Community Education Advisory Board September 5, 1996 Page three Crow River Arts - There have been many changes with a number of different directors. The City provides then a space for very little rent fees. Middle Lel Basketb� - Fees are up $5, participants keep their shirts. Millers Woods - There have not been many comments from residents surrounding the park regarding the property markers. There may be money available to restore the "oak savannah ". The next step is to develop a management plan for the 24 acre parcel. . West River Campground - The Police Department banned tent camping for the remainder of the'96 season due to the number of violent acts in the park. • ADJOU_R_NMENT The meeting was adjourned at 6:30 p.m. by a motion made by Lyle Block, seconded by Mark Erickson • ORDINANCE NO 96-181, 2ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON GRANTING A FRANCHISE TO IMPRESSIONS INCORPORATED AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. Impressions Incorporated, 1050 Westgate Drive, St. Paul, Mn. 55114 -163, is the owner in fee simple of certain real estate located in the City of Hutchinson, legally described as follows: Lot 4, Block 1, SECOND ADDITION TO HUTCHINSON INDUSTRIAL DISTRICT, according to the recorded plat thereof. Subject to a 40.00 foot pipeline easement recorded as Document No. 19126 on file in the office of the County Recorder, McLeod County, Minnesota, the centerline of said easement in said Lot 4 is described as follows: Commencing at the northeast corner of said Lot 4; thence North 89 degrees 40 minutes 00 seconds West, assumed bearing, along the north line of said Lot 4 a distance of 80.79 feet to the beginning of said centerline; thence South 0 degrees 04 minutes 41 seconds East 690.01 feet to the south line of said Lot 4 a distance of 80.86 feet westerly of the southeast corner of said Lot 4, and said centerline there terminating. Also subject to an easement for Railway purposes over and across part of said Lot 4 described as follows: Beginning at the northeast corner of said Lot 4; thence North 89 degrees 40 minutes 00 seconds West, assumed bearing, along the north line of said Lot 4 a distance of 60.79 feet; thence South 0 degrees 04 minutes 41 seconds East 690.01 feet to the south line of said Lot 4; thence South 89 degrees 40 minutes 00 seconds East, along said south line, 60.86 feet to the southeast corner of said Lot 4; thence North 0 degrees 05 minutes 00 seconds West, along the east line of said Lot 4, a distance of 690.01 feet to the point of beginning. Section 2. Said real estate abuts municipal right of way also located in the City of Hutchinson. Section 3. Impressions Incorporated desires to place on City right of way a monument sign pursuant to Sign Permit No. 1219 submitted to the City of Hutchinson on October 2, 1996 and it is in • the public interest and in the best interests of the City of Hutchinson to grant a franchise in connection with the encroachment of the monument sign upon City right of way. Section 4. The location of the monument sign is at the project street address of 235 Eastgate Drive S.E. and said sign shall be located in accordance with Sign Permit No. 1219. Section 5. This franchise is subject to the requirements of the Hutchinson City Charter and also the terms and conditions of all ordinances of the City of Hutchinson which are now effective or will become effective during the period of time granted by the franchise and this franchise shall expire 20 years from the date hereof. This franchise shall be subject to revocation by written notice to the above address in the event of noncompliance by the franchise holder with any applicable rules, regulations or ordinances of the City of Hutchinson. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 7. This ordinance shall take effect after passage and publication and shall become effective upon payment of the expenses outlined in the City Charter. Adopted by the City Council this 22nd day of October, 1996. Mayor Attest: City Administrator Published in the Hutchinson Leader on: First reading: October 8, 1996 Second reading: October 22, 1996 0 • 0 • i I.NDUSTF C CD RAGE OF PRt AST h v J d -0 r - -- L,J 6 1 f 1 1 4 � F 1 J ' 0 STORM WATER ' DNT"I ON I " 0 POND i i 30 BUILDING LAYOUT INT 6 30 10 \ 12 I I I— 40 — — Im 0 I.NDUSTF C RESOLUTION NO. 10765 • RESOLUTION REAFFIRMING CITY REPRESENTATIVES ON HUTCHINSON AREA TRANSPORTATION SERVICES (H.A.T.S.) JOINT POWERS BOARD WHEREAS, the Joint Powers Agreements of the Hutchinson Area Transportation Services (HATS) Facility call for the establishment of Joint Powers Boards for Constructing and Operating the HATS Facility, and; WHEREAS, the Joint Powers Board shall consist of 1 member each from the County of McLeod and the State of Minnesota, and 2 members from the City of Hutchinson, and; WHEREAS, the Director of Engineering/Public Works and the Finance Director have been acting as said representatives on the Construction Joint Powers Board, and will be involved in the day to day operations of the facility. 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That the Director of Engineering/Public Works and the Finance Director for the City of Hutchinson shall be the designated representatives for the City on the HATS Operations Joint Powers Board. Adopted this 22nd day of October 1996, by the City Council of Hutchinson, Minnesota. Mayor - Marlin Torgerson • City Administrator - Gary D. Plotz • CITY OF HUTCHINSON RESOLUTION NO. 10770 TRANSFERRING FUNDS FROM THE 1980 TAX INCREMENT DEBT SERVICE FUND TO ECONOMIC DEVELOPMENT LOAN FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT $23,425 is hereby transferred from the 1980 Tax Increment Debt Service Fund shall be transfer to the Economic Development Loan Fund for land improvements to Lot 7, 8, and 9 Block 1 First Addition to Hutchinson Industrial District. Adopted by the City Council this 22nd day of October 1996. • Marlin Torgerson Mayor ATTEST: Gary D.Plotz City Administrator H: \RESOLUTI \TIDSREEC.WPD • Nw aa Aoy lWtlu f F Q.It Gen" F. Wg pp„ Y7yseamgV (RT$TA$ APPLICATION FOR._ .mu&._._.PERMIT To the .............. . Ci . ofthe ........... .... C 5y ...................... _ ............... ...... f ........ ._.H qC. dll, RS. m ....... _ ............ .. ......... ...... ........................ ..tat the County of .................. McLeo. d .... .......................................... .., State of Minnesota: The undersigned owner whose address is............Rr .R.......3,... Box.. 161_ r... .S1eepY.._EY..ea...M??_.._56085 ..................... which is of the following size and area; width, ............,..._..._. ._.......................feet; length..... feet; area.... .... ....... ... .......................... ........................................................................................................................................................................ .........................; and hereby agrees that, in case such permit is granted, that all work which shall be done and all materials which shall be used shall comply with the plans and speaificatimw therefor herewith submitted and with all the ordinances of said..................... Qtt.Y. ... 4.L. Hutchinson................ I............................ ............... ............................... applicable thereto. • -DJ n U • Attached is a listing of the delinquent water and sewer accounts for the month of Oct. Recommend service be discontinued on Monday, Oct 28th, 1996 at Noon. 2- 675- 0620 -0003 Kevin Kolden 620 Madson Ave Hutchinson MN 55350 620 Madson Ave 133.86 2- 700 - 1320 -0001 Ronald Thompson 1320 McDonald Dr Hutchinson MN 55350 • 1320 McDonald Dr 98.16 �z_Z 0 2- 310- 0934 -0202 2 -555- 0530 -0401 Wm Herdina Angela Biehler 934 Church St 530 Jackson St Hutchinson MN 55350 Hutchinson MN 55350 934 Church St 530 Jackson St 206.14 117.38 PROMISES 11 -1 -96 PROMISES 11 -4 -96 2- 350 -0317 -0003 2 -555- 0545 -0703 Scott Corrow Christy Holman 317 Dale St 545 Jackson St Hutchinson MN 55350 Hutchinson MN 55350 317 Dale St 545 Jackson St 107.84 82.06 PROMISES 10 -24 -96 2- 350- 0505 -0201 Richard Mattson 2- 620 - 0530 -0502 505 Dale St Dan Carrigan Hutchinson MN 55350 530 Larson St 505 Dale St Hutchinson MN 55350 104.67 520 Larson St • 137.54 2- 385- 0400 -0703 Michael Chelin 2- 670 - 0400 -0109 400 Fischer ST John Sandahl Hutchinson MN 55350 400 Lynn Rd 400 Fischer ST Hutchinson MN 55350 159.34 400 Lynn Rd 107.72 2-455- 0626 -0801 Chris Johnson 2- 670 - 0585 -0804 626 Harmony La Robert Stone Hutchinson MN 55350 585 Lynn Rd 626 Harmony La Hutchinson MN 55350 109.08 585 Lynn Rd 114.52 2- 470 - 0715 -0301 E Duesterhoeft 2- 675 -0544 -0301 715 Harrington St Keith Krommenhoek Hutchinson MN 55350 544 Madson Ave 715 Harrington St Hutchinson MN 55350 167.57 544 Madson Ave • 102.89 HUTCHINSON AREA CHAMBER OF COMMERCE 206 Main Street North • Hutchinson, MN 55350 (320) 587 -5252 October 15, 1996 The Honorable Marlin Torgerson City of Hutchinson 111 Hassan Street Southeast Hutchinson, MN 55350 Dear Mayor Torgerson: HL .. •nn; OCT 16 1996 On behalf of the Hutchinson Area Chamber of Commerce and the MainStreet- Hutchinson Association, we request the City of Hutchinson's permission to use Library • Square Park on Friday, November 29, 1996. The park would be used for MainStreet's Annual Holiday Lighting Ceremony at 7:15 p.m. and to host Santa and his reindeer for children to visit. The Hutchinson Womens Club will be serving refreshments in the 101 Park Place building. Mayor Torgerson, we also ask for your assistance with the Lighting Ceremony. I will call you to discuss details. We would also need the use of the "large switch" to turn on the holiday lights and some fencing for Santa and the reindeer. We will work with the Park and Recreation Department on this. If you need any additional information, please contact me at 320 - 587 -5252. Thank you. Sincerely, Vi Mayer • President u ACCREDITED /// P1YItIt OI fGY.I 1113 0 DATE: October 16, 1996 01 UZI pie Is 11011 IN f" Pursuant to Section 6.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for rezoning. HISTORY • On August 7, 1996, Mr. Brian Solsrud, Augusta Building Corporation, submitted a request to rezone property platted as Century Court Addition from R -3 (Multiple Family Residence) District to P.D.D. (Planned Development) District. A hearing was held at a regular meeting of the Planning Commission on Tuesday, September 17, 1996, and continued to the meeting held on Tuesday, October 15, 1996 at that time there were no neighboring property owners present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson L=der on Thursday, September 5, 1996. 3. It was the consensus of the Planning Commission that the request be denied for the remaining property in Century Court. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to rezone be denied and left as presently zoned which is R -3. The density of the projects will be dealt with as each phase is developed. NOTE: The intent of the T.I.F. is to promote a less dense use. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission 11 City Center III Hassan Street SE Hutchinson, MN 55350 -2522 (320) 587 -5151 Fax (320) 2344240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350.3097 (320) 587 -2975 Fax (320) 234 -4240 Printed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (320) 587 -2242 Fax (310) 587 -6427 0 Illl II' ( • 4�0•I 4..1I�Y• 0 Ism • ti !M Mi, I� M � W� \y M �� ✓✓ � • �s I �IVM K I M.lI�. Y��1 •11M� II w h r.lr��.� +�il.�, � I� I Iblb ,q INLI I ��Y91 Pk1g1 , KAft crown Mt I.m •uY tiw. N�•Im F A( OM1 p6�• WM1�4�. II � I� I 0 C MEMORANDUM DATE: October 2, 1996 TO: FROM: Hutchinson Planning Commission Planning Staff - J. Marka, M. Hensen, J. Rodeberg, B. Wentworth, S. Madson, B. Ewing, M. Schaufler, J. Ward and B. Baumetz SUBJECT: CONTINUATION OF CONSIDERATION TO REZONE PROPERTY KNOWN AS CENTURY COURT ADDITION FROM R -3 (MULTIPLE FAMILY RESIDENCE DISTRICT) TO PDD (PLANNED DEVELOPMENT DISTRICT) REQUESTED BY BRIAN SOLSRUD, AUGUSTA BUILDING CORPORATION 11 Planning Staff recommends approval subject to the density requirements as follows: ♦ Zoning from Cleveland Ave. 200 feet South to be zoned PDD (R -3) (excluding the Nevac Inc. property) Reduce density by 20% or 4200 sq. ft. X 80% = 3360 sq. ft Units no larger than 8 plexes ♦ Zoning on Century Ave. PDD (R-4) Reduce density by 20% or 3500 sq. ft. X 80% = 2800 sq. ft. cc: Brian Solsrud, Augusta Building Corp. City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (320) 587 -5151 Fax (320) 2344240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350.3097 (320) 587 -2975 Fax (320) 2344240 - Printed on recycled paper - Police Services 10 Franklin Street: Hutchinson, MN 55351 (320) 587 -2242 Fax (320) 587 -642 i 0 M DATE: October 16, 1996 DD M Loin DWORKIN : uuu M 10 ;: • r Q IME-GYANYM ••.r•. • I n o I M 111111 WAWMVIANTA Q 0 Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On September 25,1996, Barry Barton submitted an application for a conditional use permit to construct two mini - storage units to be located in Casa Addition. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, October 15, 1996, at which time there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, October 3, 1996. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the Conditional Use Permit for the purpose designated is granted based on the findings set forth above. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission City Center Parks & Recreation Police Services III Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350.3097 Hutchinson, MN 55350 -2464 (320) 587 -5151 Fax (320) 2344240 (320) 587.2975 Fax (320) 2344240 � — (320) 587 -2242 Fax (320) 587.6427 - Printed on recycled paper - -�- CAROLINA L -s ...wa + i +Vewue J� L 'S " Cl,'�i'• ' ro �•' Publication # 4970 �r 4 e . qm •xlfi x r : r x R -5 =' �- R -4 R -3 sir 2 11 j pa; T1 C0�'1 td` ' Aw cacwe- , C [ _ �•� Fj FGFF R 1 � . ,�� - Fur µr ,v gc. r r y +o-r/ •' n o via lc J AVE NlJC 0 0 CERTIFICATE OF SURVEY FOR BARRY BARTON N DESCRIPTION The north 20.00 fast of the South 150M fast of the east 125M lost of the rear 145.00 feet of the Northrost Ouarter of the Sotrthewt Quarter of Seatlon 36, Township 117 North, Range 30 War, McLeod County, MYlola"M as measured don the south and rest **a thereof. Also, Has east 125.00 fast of Lot 1, Block 1, CASA ADDMON, according to tM recorded plat tW"f. O PO 40 BO TEXAS AVENUE sed /e /n feet East 125.OD r I • Donato Yon me am. nt found I p O Denotes Yon marltaoent set s l N LOT I s$ — I £ LOT I O_ I F_ I r. Q � � � • •saeH N N lDa I, testa I, fJW /a0fitatl -. Q R 1 ' I I - T --- - R 1 --- --- - - - - -r T - - T4 — —_ _ _— — Y.Lll�l /:7 IS. AliOr� Je auseh Date: ��r LIc. No.ZIgz'? JOB NO. 9 V - r-- ti it ,� .Y�y s � r i.i'c#. J�yg{x: -^ ' ':. .._ „ .._ ' .. " t , A c f W �� Y a � T �� 1. �I� 'vw Ir, ; -4 d. :f w -;4 110''' o - Ev LDo E .4 - - - --------- et S%,RAG BLDG• 110' X30 F1116P FLFV. r R5 w. 1# 4t RESOLUTION NO. 10766 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 REQUESTED BY BARRY BARTON TO CONSTRUCT MINI- STORAGE LOCATED IN CASA ADDITION SOUTH OF TEXAS AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: 1. Mr. Barry Barton has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to construct two mini - storage units located in Casa Addition with the following legal description: LEGAL DESCRIPTION: The north 20.00 feet of the south 150.00 feet of the east 125.00 feet of the west 145.00 feet of the Northwest Quarter of the Southeast Quarter of Section 36, Township 117 North, Range 30 West, McLeod County, Minnesota, as measured along the south and west lines thereof. Also, the west 125.00 feet of Lot 1, Block 1, CASA ADDITION, according to the recorded plat thereof. 2. The City Council has considered the recommendation of the Planning Commission and • the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. • •u The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above. Adopted by the City Council this 22nd day of October, 1996. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor 0 C DATE: October 17, 1996 FROM: SUBJECT: Pursuant to Section 6.04, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. HISTORY is On September 27, 1996, Mr. Kevin Otto, submitted an application for a variance to reduce lot width requirement 25 feet from 105 feet to 80 feet for construction of twin home located at 909 Hillcrest Road N.E. A hearing was held at the regular meeting of the Planning Commission on Tuesday, October 15, 1996, at which time there was a property owner present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, October 3, 1996 . RECOMMENDATION It is the recommendation of the Planning Commission that the variance be denied due to lack of hardship. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission City Center III Hassan Street SE Hutchinson, MN 55350 -2522 (320) 587 -5151 Fax (320) 234-4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (320) 587 -2975 Far (320) 234-4240 Police Services 10 Franklin Street SW Printed on recycled paper - Hutchinson, MN 55350 -2464 (320) 587 -2242 3 f Far (320) 587 -6427 3 __ — a - . 1 • � '� I L. Ir JI R`L , - = -} � D1__ Q p —__ rte__• —_,�� `\ II i II l I ii I I I T- 7 ! I f I � 1)• `� eu uo, I . I ) J YI.914 MJ4 R -3 ) R— / J R 1 u �1 r • r • JJ rr BLOCK .fJ BLOCK 1 :i Publication 04971 A -r- �- 1 y , r I i I � of R J I R-3 I I f , •,1 I .� .11a�rr I T lJ' • ! • 'RMM T LM WALNUT RIDGE ESiATE5 517E PLAN V-�l 0 MEMORANDUM DATE: October 3, 1996 TO: Fd. T� Hutchinson Planning Commission Planning Staff - J. Marka, M. Hensen, J. Rodeberg, B. Wentworth, S. Madson, B. Ewing, M. Schaufler, J. Ward and B. Baumetz SUBJECT: CONSIDERATION OF VARIANCE REQUESTED BY KEVIN OTTO TO REDUCE LOT WIDTH REQUIREMENT 25 FEET FROM 105 FEET TO 80 FEET FOR CONSTRUCTION OF TWIN HOME 60 FEET IN WIDTH LOCATED AT 90$ HILLCREST RD. N.E. Planning Staff recommends approval of the request which meets density requirements. There are 10 foot sideyard setbacks shown on the site plan which comply with the Zoning • Ordinance. The property is adjacent to R-4 zoning (Multiple Family Residence) and is directly across the street from existing town homes. Note: No connection fee will be required for services. cc: Kevin Otto City Center 111 Hassan Street SE Hutchinson, MN 55350.2522 (320) 587 -5151 Fax (320) 2344240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (320) 587 -2975 Fax(320)234 -4240 Printed on recycled paper - Police Services • 10 Franklin Street SW Hutchinson, MN 55350.2464 (320) 587 -1242 Fax (320) 5877 -6427 4 C DATE: October 17, 1996 MINOR Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. • HISTORY On September 27,1996, Joel Groebner submitted an application for a conditional use permit to move a 30'x 26' home onto property located at 504 California Street. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, October 15, 1996, at which time there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, October 3, 1996. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the Conditional Use Permit for the purpose designated is granted based on the findings set forth above. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission City Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350.2464 (310) 587.5151 (310) 587 -2975 (320) 587 -2242 Fax (320) 2344240 Fax (320) 2344240 _ T Fax (320) 587-6427 L/ - Printed on recycled paper - • ! e�t+� Y ' � .,�v. - v • �aiw �M B ° ` nGx=M f xr ''� yef e 3 - v• ! i0 -, C `� "° Publication #4972 R � � . -� _ 2 • __ ,:_ .,a Bey, ,.... - 6 1_•�n � . L� I .»« a � - ; �. � .. � I Ave «ue 44 CAROLINA 2 • _ rMOLINA AVENUE ! YEL �oS LL e " e _Z IvuTM • "venue X.W _ " Cr, !4 _ _ I F f TM = 2t .. yl .•m ! l . H R -1 _ ! K �- K 4 . 001\ P.AR X01. { ! I - ! � 1 R � o — u _ 1 i BU.Le.. � I .a te . \ " IIyLIM4 •! elf M bTIW � ♦� ! yWy l .' � z � Ir•G •�B B � 1 l BLLL 1 � �' / � d� �� d \ �� /•L'pGE��LINE� � I � - A 1� . PM1 & y � PARK ter I � A GOPHER CAMPFIRE n[DUPE s.r.C, y � PARK ter I � A GOPHER CAMPFIRE n[DUPE s.r.C, • 3D Iw 1 I� 4) • SD 7c V9 3,) M 37' (z 1 C 10 RESOLUTION NO. 10767 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 REQUESTED BY JOEL GROEBNER TO MOVE A 30' X 26' HOME ONTO PROPERTY LOCATED AT 504 CALIFORNIA STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: Mr. Joel Groebner has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to move a 30'x 26' home onto property located at 504 California Street with the following legal description: LEGAL DESCRIPTION: Lot 4, Block 1, CALIFORNIA ADDITION The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and inte>� of the Zoning Ordinance and the Comprehensive Plan. The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above. Adopted by the City Council this 22nd day of October, 1996. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor 4 -j. 0 C DATE: October 17, 1996 TO: FROM: SUBJECT: Pursuant to Section 6.04, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. HISTORY On September 25, 1996, Solitra Inc., submitted an application for a variance to reduce parking lot and circulation drive from the required 20' to 10'. A hearing was held at the regular meeting of the Planning Commission on Tuesday, October 15, 1996, at which time there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, October 3, 1996 . RECOMMENDATION It is the recommendation of the Planning Commission that the variance be granted based on the findings set forth above. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission • City Center 111 Hassan Street SE Hutchinson, MN 55350.2522 (320) 587 -5151 Far (320) 2344240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (320) 587 -2975 Fax (320) 2344240 Police Services 10 Franklin Street SW Hutchinson, MN 55350.2464 _ (320) 587 -2242 Fax (320) 587 -6427 - Printed on recycled paper - e SEcoMD AVEMIE SE. I I! U9TRIAL 17V��}:VAIC IaoDSi ^yo- s a _ S u � aV j fie'• 54AM SU^D;VIS • 10 P$L A0� •�'^ IM i I 1 e \ i \ ' e INICMMIDI. IXDUSTIML �i . uical Son 013 Cl INDUS ^I <L DISL 04 z H e Asa_ IS , 2 11 I IS I — I \I 4 I 1 e 20 L �.. E^ k es Publicate #4973 1 oL I,,iI • • Z ? ARCH STREET F� ADC SOLITRA 1996 OFFICE & MFQ ADDMON R. - Hutttinson, Minnesota. _ = =,: `° � �• `i Ko Mw n a .0 suit. oa eeaeo ; Fax , 59 —e3aa IC�/IifG'fUl�t 4,)� RESOLUTION NO. 10768 RESOLUTION GRANTING VARIANCE FROM SECTION 8.15 OF • ZONING ORDINANCE NO. 464 TO ALLOW A VARIANCE REQUESTED BY SOLITRA INC. TO REDUCE PARKING LOT AND CIRCULATION DRIVE FROM THE REQUIRED 20' TO 10' BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCH NSON, MINNESOTA: FINDINGS 1. Solitra Inc. has applied for a variance from Section 6.04 of Zoning Ordinance No. 464 to reduce parking lot and circulation drive setback from 20' to 10' with the following legal description: Legal Description: Lot 9, Block 1, FIRST ADDITION TO HUTCHINSON INDUSTRIAL DISTRICT 2. The Planning Commission has reviewed the application for a variance and has recommended to the City Council that the application for variance be approved as set forth above. 3. The Council has considered the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the values of property in the surrounding area and the effect of the proposed variance upon the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not impair an adequate supply of light and air to adjacent property, unreasonably diminish or impair health, safety, • comfort, morals, or in any other aspect be contrary to the intent of the ordinance and the Comprehensive Plan. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The application for the variance for the purpose designated is granted based on the findings set forth above. Adopted by the City Council this 22nd day of October, 1996. ATTEST: Gary D. Plotz, City Adm. Marlin D. Torgerson, Mayor • 4 -�< 0 C DATE: October 17, 1996 •► 9.:: r9►• :u1:19IP0.1. • 9019 [c0:91 . r9 13 ENNA KOM J II► 21 .l eX ILI • Pursuant to Section 6.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request to amend City Zoning Ordinance Section 8.11. . HISTORY In September, 1996, the Hutchinson Planning Staff requested an amendment to the City Zoning Ordinance #464, Section 8.11, regarding new /used automobile sales in the C -3 District as follows: 8.11 C -3 CENTRAL COMMERCIAL DISTRICT CONDITIONAL PERMITTED USES New /used automobile sales; indoordisplayarea Only. FINDINGS OF FACT 1. All procedural requirements for amendments to the Ordinance have been complied with. 2. Notice was published in the Hutchinson Leader on Thursday, October 3, 1996. The hearing was held at the regular meeting of the Planning Commission on Tuesday, October 15, 1996, at which time there was no one present objecting to the request. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to amend the Ordinance be approved as set forth above. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission City Center Parks & Recreation Police Services III Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350.3097 _ Hutchinson, MN 55350.2464 (320) 587 -5151 (320) 587 -2975 (320) 587 -2242 Fax (320) 2344240 Fax (320) 2344240 Fax (320) 587 -6427 Hutchinson City Code Chwa II • Section 8. 11 C -3 District CONDITIONAL PERMITTED USES Commercial parking ramps for passenger vehicles only, provided a reservoir space is provided within the structure for holding cars awaiting entrance, which reservoir space shall have a capacity of no less than two vehicles. Motor fuel and service stations excluding major repair operation. (See Section 10.03) A state licensed residential facility serving from seven through sixteen persons. (Amended 519195) Group home up to 5,000 square feet. (Amended 519195) All licensed daycare facilities which are not permitted principal uses under Minnesota State Law. (Amended 519195) Conditions for "residential facilities,° group homes, crisis shelters, and licensed day care facilities shall not be imposed which are mor restrictive than those imposed on conditional uses or other multi- family residential property In the same district, unless the additional conditions are necessary to protect the health the safety of the residents of the residential facility. (Amended 519195) The requirements of Section 10.01 of this Zoning Ordinance shall app9y the conditional • uses described in Section 8.11 of this zoning ordinance. (Amended 55 II ) DIMENSIONAL REQUIREMENTS A. Setbacks (feet): Building Setback From: Street Right-of-Way 0 Interior Lot Line 0 Residential Zoning Boundary 10 Accesso Building Setback From: Street Right-of-Way 20 Interior Lot Line 0 Residential Zoning Boundary 10 Parking Lot or Circulation Drive From: Street Right-of-Way 5 Interior Lot Line 0 Residential Zoning Boundary 10 8 -33 A • ORDINANCE NO. 96-182 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 464, CHAPTER 11, SECTION 8.11 , C -3 CENTRAL COMMERCIAL DISTRICT, REGARDING NEW/USED AUTOMOBILE SALES THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: SECTION 1. That notice of hearing was duly given and publication of said hearing was duly made and it was made to appear to the satisfaction of the City Council that it would be in the best interest of the City to amend Zoning Ordinance No. 464. SECTION 2. That Section 8.11, C -3 Central Commercial District, is amended as follows: CONDITIONAL PERMITTED USES • SECTION 3. This ordinance shall take effect from and after its passage and publication. Adopted by the City Council this 12th day of November, 1996 Marlin Torgerson Mayor 0411mw Gary D. Plotz City Administrator • / -r DATE: October 17, 1996 •. . r• • •u• r• :�lr • r .: ' ; Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. • On September 30,1996, Mr. Roger Kleman, Sport Cars Inc., submitted an application for a conditional use permit to operate a classic automobile sales business to be located at 5 Jefferson Street S.E. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, October 15, 1996, at which time there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, October 3, 1996. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the Conditional Use Permit for the purpose designated is granted based on the findings set forth above contingent on the approval and final reading of the amendment to the Zoning Ordinance regarding conditionally permitting new /used automobile sales in the C -3 District. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission City Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350.3097 Hutchinson, MN 55350 -2464 (320) 587 -5151 (310) 587 -2975 (320) 587.2242 Fax (320) 2344240 Fax (320) 2344240 / � n/� i Fax (320) 587.6427 - Printed on recycled paper - 1r 1 s G, A,y" C o ,J a � , _; . � ) • ' '° Publication #4975 • 7620 i ! 10 1 • ♦ % r. 1 / L la • • ORiH • • ; -� a "- NORTIIMEST I / \ kF � 1 � • PARA 0 _ D AVE N.W.i i /' � w I ..i010¢°H pp+vAto xx e i I N �• ., \ e _.e.. • I I s I I \ 2 AVE. ] � i I XXX -.a 11 �L • � I: i r�vS°rrlM pv,r 1 � 3 _- ,�� 1 ��wd�� 6 ] 3 NORTHEAST � l y L NORT FIRST AVER"- IJ ix NORTHWEST; ST AVE FIR !��\ s io I z 1 1 1° 10 F I x 2 �ur Y I \ • ] :' _ x• tr• ` .r '• a x 6 i W 1EVEL,IVIFVf 9 4� 1 3 �: Wa) N:1 • q FN i pLlix �� •� • � ii l +, 'n 10 , ®.. AVENUE ' ` 1 1, 'NGTON r �i+�°� \ i LL to _!- v x 1 • �� l P ° x 4 AST IS 5 ° h/I = • a W r I `\ T SOUTHEAST yy� I R1 1 r I 6 " "TST F q W • i • 1 10 y 2 a 6 a x F -) i• a ,C • I 1- 14 }} • p • a l ��VI ♦ t 1 V 1 ! ♦ a • a • ) • • AVENUE SOUTHEAST —Tla r SECOND SOUTHWEST m l � r �� x i � 1 1- SECOND i AVENUE • a w 1 ) 1 � ". a W f 1° F i- YI s. • 4 N 1 W • a W ¢ ) F ! Z6 a � �� W p F • a N • 0 ♦ � ��I� I� • • � rr L 4�_J � - yQ y YI ♦ i 11 � v"x�i • , i ' - s 11 • 'ly -_yam — .Tie ] rO 1 a THIRD r �_ +r . — �r'r —� r-0 �,. 1 S '° • a s c• x '.�_.��1 _i . a= 35� x • 3 J :I = — i • f r �w J i a A a i .Lr.•1 �P .. �•', Jam- AVENUE SOUTHE _ r� —OJT �`. r , w x) d x • 1 ,.. AVENUE SOUTHW FOURTH s d a 'p'i7� r • re • e • 1 • 47 a p T . � e ♦ d i i� 1 • x • - � 50 � a • 1 r � T . - - r ' e t a • a • a � i u i ° �I a , 1rj • 1 ' I �� i1 PJ -�J //�� x °r A � •• • a AVENUE • SOUTHEAST r _• W r• / '� f J � NWEST FIFTH -� t, i ra ) AVENUE BOUT � w =v 1 1a a z FIFTH G � RESOLUTION NO. 10769 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 REQUESTED BY ROGER KLEMAN, SPORT CARS INC., TO OPERATE A CLASSIC AUTOMOBILE SALES BUSINESS TO BE LOCATED AT 5 JEFFERSON STREET S.E. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: 1► � 1. Mr. Roger Kleman, Sport Cars Inc., has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to operate a classic automobile sales business to be located at 5 Jefferson Street S.E. with the following legal description: LEGAL DESCRIPTION: Lot 10, Block 6, South 1/2 City of Hutchinson 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, • or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above contingent on the approval and final reading of the amendment to the Zoning Ordinance regarding conditionally permitting new /used automobile sales in the C -3 District. Adopted by the City Council this 22nd day of October, 1996. ATTEST: Gary D. Plotz City Administrator P Marlin D. Torgerson Mayor DATE: October 17, 1996 TO: Hutchinson .iri Council 1- . -- . 1'•_.411 .nn ., Pursuant to Section 6.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request to amend City Zoning Ordinance Section 10. HISTORY In Septebmer, 1996, the Downton Design Review Committee and Hutchinson Planning Staff requested an • amendment to the City Zoning Ordinance #464, Section 10, regarding signs in the Main Street area as follows: Section 10 Special Provisions (5) Signs Permitted In the Main Street Area District: Signage in the Main Street area, which is defined as the area located between the east side of Franklin Avenue from the Crow River to Fourth Avenue Southwest and the westside of Hassan Street from the Crow River to Fourth Avenue Southeast, shall be subject to the following additional requirements. Signage shall be designed to enhance and complement the character of buildings within the district. All new signs, the replacement, alteration, painting and so forth of an existing sign, requires a design - review -sign permit application and may require;reWew by the downtown design review_ committee if' the s -Wn does not - _specifiraRy_ i►leet °these n>sguirements. 0 City Center 111 Hassan Street SE Hutchinson, MN 55350.2512 (320) 587 -5151 Far (320) 2344240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (320) 587 -2975 Fax (320) 2344240 - Printed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (320) 587 -2242 Fax (320) 587 -6427 (a) Size and Placement: Within the G 3 Gentical ^--- ---' -' Dist Main Street Area, • name and business signs are permitted, provided the aggregate square footage of sign per lot shall not exceed the sum of two (2) square feet per front lineal foot of building. On comer lots, the allowable square, footage on the side exposure will be the same as the front, provided that side _contains a major building entrance. Where the sign consists of any combination of individual letters, panels, numbers, figures, illustrations, logos or of a line or lines, to form display or sign, the area of the sign shall be computed using the outside dimensions of the various words, figures, numbers or illustrations composing the entire sign. For muttTfaced ins, each face,shall _be measured except inthe,case ofi a sign with two identical s- -- -- _ Signs shall be positioned so that they are an integral design feature of the building which means that signs shall help define and enhance the architectural features of the building and shall be placed so that they do not destroy architectural details such as but not limited to stone arches, glass transom panels, or decorative brickwork. kfo sign shall be placed to projecfabove the roof �parapet line of a building except by conditional'use permit_ Signs may be placed only in the horizontal lintel "sign space" or within window • glass, or on the awnings. In buildings that do not have a traditional lintel sign area, signs shall be placed no higher than 36 inches above the building openings. Signs Attached to a marquee shall not extend beyond the vertical, surface of the marquee. 46 sign shall be placed on the roof of a marquee: " Only the ,name of the owner and/or business conducted on the premises may be _ Maced on, any awning or canopy. - Wall signs shall not extend more than 24" from an exterior wall surface and shall not cover more than 15% of that business' wall. No sign shall create any traffic sight hazard. All signs are to be placed within 60 days of the issuance of the sign permit and be kept in good repair and avoid a weather condition resulting. in ulegibil " ity, missing parts or words, etc. (b) Lettering: Lettering styles shall be legible and relate to the character of the property's use. No sign shall contain more than two (2) lettering styles. Franchise logo signs are permitted. If design lees met deter '--- building. Letter height shall be no more than 75% of the lintel height. Westie signs are pei the of g me! leek of the bUi Wehiteetl:lFe. r (c) Colors: Sign colors shall blend with the building facade to which the sign is • attached and be compatible with the property's use. No more than two letter colors are permitted (including black and white).' No more than three colors shall be used for the entire sign.(unless authenticity requires minimal use of additional colors.)" 0 (d) Message: The sign message shall be legible and relate to the nature of the use. These requirements may be accomplished through the use of words, pictures, names, symbols, and logos. (e) Illumination: External illumination of signs is permitted. "luminetien may-be 'nean ` Lighted signs shall emit a continuous white light that prevents direct light from shining onto the street. Expesed neon lighted signs mey °�etmem. Backlit lastic p anel signs are net p ermitted if" - - _ i P P 9 P �tey_are_ designed �n e�racte� with the era of the original bui[tlingconstrudtion." Int be-pemiitted-ley4h Gomm Nee if the design of the letteFs eenf6FI999 to the afehoteetUffil des gm of the bu ldimg. Exposed external conduit wiring is not permitted. . (f) Freestanding Signs: All freestanding signs in the C -3 district shall be located, sized, and landscaped so that they do not obscure the view of adjacent properties. All freestanding signs shall conform to all sections of this ordinance. Freestanding s f # ns h! line- t exceed 27 in height and must be setback at least 5' from any and m ajor tenant logos on freestanding signs, "see Section 110-14 0 • fhHg) Signs for Pedestrian Traffic: A sign in addition to that otherwise allowed in this section is permitted. The sign shall be no larger than six square feet (three feet maximum on each side ) and be placed so the bottom of the sign has no less than Six feet eig; t i ,-ehes' ' ° " _seven feet "TO")_of clearance. Such signs shall be allowed to project two feet into "the publl "ic right - - The square footage of pedestrian signs shall be deducted from the total allowable sign area for that building. Pedestrian signs shall conform to all sections of this ordinance. Rear Building SI ns: Signs shall be allowed on the rear of a building. T#+eere feet of buiidimg. The square footage of Year building signs s all not exceed the sum of 12) two square feet per rear lineal foot of building when a primary customer business entrance is provided in the rear of the building. Without a customer entrance, the square footage shall be limited to one half square foot per rear lineal (i) Signs on Exterior Walls: Signs shall not be painted on exterior wall of any building or structure. ( Murals: Murals require review by the Downtown Design Review Committee and an pp Conditional Use Permk_by the City Council• (k) Banners: One or more banners not exceeding two square feet per front linear foot of building are allowed on primary side of building for no more than 45 days in a calendar year. (1) Appeals: Upon notice of any application being rejected by the City Staff, the applicant shall have access to appeal to the Downtown Design Review Committee, and if rejected by the Downtown Design Review Committee the applicant shall have the appeal procedure pursuant to the City of Hutchinson Zoning Ordinance. REQUIRES REVIEW BY THE DOWNTOWN DESIGN REVIEW COMMITTEE IF THE SIGN DOES NOT SPECIFICALLY MEET THIS REQUIREMENT. �� A/ PROHIBITED SIGNS • The following described signs are hereby declared a nuisance and shall be prohibited in all districts of the City. (1) Revolving and Flashing Signs: Signs which revolve or flash or consist of lights which revolve or flash are prohibited with the exception of devices which inform the public of time and/or temperature. Moving message type signs shall be permitted as an exception when their messages consist primarily of news, public announcements, etc., or a non - advertising nature. (2) Signs Imitating Official Signs: Signs which imitate an official traffic sign or signal or which contain the words "stop ", "go slow", "caution ", "danger", "warning ", or similar words. (3) Confusing Signs: Signs which are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device; or which hide from view any traffic or street sign or signal; or which obstruct the view in any direction view at a street or road intersection. (4) Signs Advertising Terminated Businesses: Business signs which advertise an activity, business, or service no longer produced or conducted on the premises upon which the sign is located. Where the owner or lessor of the premises is seeking a new tenant, such signs may remain in place for not more than sixty (60) days from the date of vacancy. (5) Right -of -Way: Business or advertising signs which are placed on a municipal, county, or state right -of -way. (6) Other Temporary Signs: Signs which are pasted or attached to utility poles, trees, fences, • or other signs. Portable Signs: Portable signs and portable grourtd signs with changeable - lettering are tubt�ed __ AMORTIZATION OF NON - CONFORMING SIGNS Certain signs existing at the time of the enactment of this Ordinance and not conforming to its provision, but which did conform to previous laws shall be regarded as non - conforming signs. Non - conforming signs which are structurally altered, relocated, or replaced, or when ownership of property is changed, shall comply immediately with all provisions of this Ordinance. Nothing in this Ordinance shall prevent the City Council from granting temporary permits for lights, banners, signs, or decorations relating to civic or community celebrations, subject to such conditions as the City Council may see fit to impose. FINDINGS OF FACT 1. All procedural requirements for amendments to the Ordinance have been complied with. 2. Notice was published in the Hutchinson Leader on Thursday, October 3, 1996. The hearing was held at the regular meeting of the Planning Commission on Tuesday, October 15, 1996, at which time there was no one present objecting to the request. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to amend the • Ordinance be approved as set forth above. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission 0 • General Sign Requirements ❑ No sign shall be placed to project above the roof or parapet wall line of a building except by conditional use permit. ❑ For multi -faced signs, each face shall be measured except in the case of a sign with 2 identical sides. ❑ No sign shall create any traffic sight hazard. ❑ Signs attached to a marquee shall not extend beyond the vertical surface of the marquee. No sign shall be placed on the roof of a marquees. Only the name of the owner and/or business conducted on the premises may be placed on any awning or canopy. ❑ Freestanding signs shall not exceed 27 feet in height and must be set back at least 5' from any property line. ❑ Roof mounted signs are not permitted. ❑ Wall signs shall not extend more than 24" from an exterior wall surface and shall not cover more than 15% of that business' wall. ❑ All signs shall be kept in good repair and avoid a weather condition resulting in illegibility, missing parts or words, etc. ❑ For tenant lists and major tenant logos on freestanding signs, see Section 10 of the Hutchinson Zoning Ordinance. Prohibited Signs ❑ Revolving and flashing signs. ❑ Signs imitating official signs - 'stop', 'go slow", 'caution', `danger', etc. ❑ Confusing signs. ❑ Signs advertising terminated businesses. ❑ Signs or other items placed on a municipal, county, or state right-of-way. ❑ Other temporary signs that are attached to utility poles, trees, other signs, etc. ❑ Portable signs. Downtown District Sign Requirements Definitions: Sign Area: The square footage of the total background of the sign including painted OR or built -up borders. Sign Area: If the sign has no background to define the sign, the square footage shall be calculated using the outside dimensions of the various words, figure, illustrations composing the entire sign. 8' x 4' — 32 Sq. Ft. Compliance Requirements: Does your sign meet these requirements! ❑ Aggregate square footage of sign per lot shall not exceed the sum of 2 square feet per front lineal foot of building. Fxar*m Front building width —20 h. Allowable Sq. Ft. of sign — 40 ft. for front of building 0 ❑ On comer lots, the allowable square footage on the side exposure will be the same as the front, provided that side contains a major building entrance. F.rrarrgk-.. Front building width — 20 ft. Allowable Sq. Ft. of sign — 40 fL for front of building ❑ Signs shall be placed only in horizontal lintel 'sign space', within window glass, or on the awnings. r - ---- iL k D ooriadt ° I 10' x 4' — 40 Sq. Ft. Applicant's Calculations or Comments Signage in the Mainstreet area, which is defined as the area located between the eau side of Franklin Street from the Crow River to Fourth Avenue Southwest and the west side of Hassan Street from the Crow River to Fourth Avenue Southeast, shall be subject to the following requirements. C -3 Sign Requirements Checklist Page 2 ❑ Buildings not having a traditional lintel sign area, the bottom of the sign shall be placed no higher than 36" above the building door openings. ❑ No sign shall contain more than two (2) lettering styles (fonts). ❑ Letter height shall be no more than 75% of the lintel or sign height. ❑ Only two letter colors are permitted (including black and white). ' ❑ No more than three colors shall be used for the entire sign (unless authenticity requires minimal use of additional colors). ❑ Words, pictures, names, symbols, and logos may be used on the sign. ❑ lighted signs shall emit a continuous white light that prevents direct light from shining onto the street Baddit panel sr$rrs are permitted if they are designed in character with the era of the original budding construction and if they are approved by the Downtown Sign Review Committee. ❑ Exposed external conduit wiring is not permitted. ❑ Freestanding signs shall not obscure the view of adjacent properties. ❑ Portable signs and portable ground signs with changeable lettering are prohibited. ❑ A pedestrian traffic sign is allowed. The sign shall not exceed 6 square feet (3' max. on each side), shall be placed so the bottom of the sign has no less than 6'8" of clearance, and is allowed to project two (2) feet into the public right -of -way. The area of this sign shall be deducted from the total allowable sign area for the building. ❑ Rear building signs are allowed and shall be limited in area to 1 /i square foot per rear lineal foot of building. ❑ Signs shall not be painted on any exterior wall of the building or structure. ❑ Murals require review by the Downtown Design Review Committe and an approved Conditional Use Permit by the City Council.' ❑ One or more banners, no greater that two (2) square feet per front foot, are allowed on the primary side of the building for no more than 45 days in a calendar year. ❑ Upon notice of any rejection of an application by City Staff, the applicant may appeal to the Downtown Design Review Committee. If rejected by the Committee, the applicant may appeal the procedure pursuant to the City Zoning Ordinance. ❑ All signs are to be placed within 60 days of the issuance of the sign permit. ' REQUIRES REVIEW BY THE DOWNTOWN DESIGN REVIEW COMMITTEE IF THE SIGN DOES NOT SPECIFICALLY MEET THIS REQUIREMENT. Guidelines and Intent Signage shall be designed to enhance and compliment the character of buildings. No part of the sign shall cover or destroy architectural details such as, but not limited to, stone arches or decorative brickwork. &\planning\chec klsAsignreq.frm Applicant's Calculations or Comments • • Downtown Design Review Committee Members Jay Beytien Skip Quade Rich Westlund Butch Wentworth Joanne Willmert t, J ORDINANCE NO. 96 -183 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 464, SECTION 10, REGARDING SIGNS PERMITTED IN MAIN STREET AREA DISTRICT THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: SECTION 1. That notice of hearing was duly given and publication of said hearing was duly made and it was made to appear to the satisfaction of the City Council that it would be in the best interest of the City to amend Zoning Ordinance No. 464, SECTION 2, That Section 10, Special Provisions, is amended as follows: (5) Signs Permitted in th ^ 3 Gentra' Gemmereial Main Street Area District: Signage in the Main Street area, which is defined as the area located between the east side is of Franklin Avenue from the Crow River to Fourth Avenue Southwest and the westside of Hassan Street from the Crow River to Fourth Avenue Southeast, shall be subject to the following additional requirements. Signage shall be designed to enhance and complement the character of buildings within the district. All new signs, the replacement, alteration, painting and so forth of an existing sign, requires a design revieH permit application and may reouire review by the downtown desig review _ committee if the sion does not specifically meet these a) Size and Placement: Within the " 3 GeM08' ^-- FneFe a' Main Street Area name and business signs are permitted, provided the aggregate square footage of sign per lot shall not exceed the sum of two (2) square feet per front lineal foot of building. On comer lots, two front foot calculations are allowable provided such side contains a major buiding entrance. the allowable square footage on the side exposure will be the same as the front provided that side contains a major building entrance. Where the sign consists of any combination of individual letters, panels, numbers, figures, illustrations, logos or of a line or lines, to form display or sign, the area of the sign shall be computed using the outside dimensions of the various words, figures, numbers or illustrations composing the entire sign. For multi -faced signs. each face shall be measured except in the case of a sion with two identical Mrs • Signs shall be positioned so that they are an integral design feature of the building which means that signs shall help define and enhance the architectural features of the building and shall be placed so that they do not destroy architectural details 'T— / : 0 such as but not limited to stone arches, glass transom panels, or decorative brickwork. 111111211 T1111 ImMar. VIOUHN Signs may be placed only in the horizontal lintel "sign space" or within window glass, or on the awnings. In buildings that do not have a traditional lintel sign area, signs shall be placed no higher than 36 inches above the building openings. Sians _l• • • - - •1•.. - - + •1 1 • - 1! 'M IL �.� a - .3? •1 vl - 1 1! -: ®•• Unn =-Z J la1 "..1"i! 1010 = II,1 loll •3 "d' • -!" -1.•. !-i parts or words. etc. (b) Lettering: Lettering styles shall be legible and relate to the character of the • property's use. No sign shall contain more than two (2) lettering styles. Franchise logo signs are permitted. Of desigm does met EleteF fFBF" the ffehiteetuFe of the buildimg. Letter height shall be no more than 75% of the lintel height. Plest+e signs (c) Colors: Sign colors shall blend with the building facade to which the sign is attached and be compatible with the property's use. NO --- theig ` e eOleFS S` Only two lettercolors are cerntitted (including black and white). No more than three colors shall be used for the entire sign. (unless authenticity requires minimafuse of additional colors.)' (d) Message: The sign message shall be legible and relate to the nature of the use. These requirements may be accomplished through the use of words, pictures, names, symbols, and logos. (e) Illumination: External illumination of signs is permitted. °andeseen` eF fi eFese `• ` I ighted signs shall emit a continuous white light that prevents direct light from shining onto the street. Exposed neon lighted sigigs FRay seetien. Backlit plastic panel signs are net permitted if they are designed in character with the era of the oriainal building construction.* be peffRitted by the Des gm Review Gengiggittee if the design ef the letteFs eenfemqs E xposed external conduit wiring is not • permitted. The e3deffial lighting f6duFe shall blend wigte the building feeade. • (f) Freestanding Signs: All freestanding signs in the C -3 district shall be located, sized, and landscaped so that they do not obscure the view of adjacent properties. All freestanding signs shall conform to all sections of this ordinance. Freestanding F 'or n fr n in i i 4 Gene al Reauqreme n H 'n 0*(g) Signs for Pedestrian Traffic: A sign in addition to that otherwise allowed in this section is permitted. The sign shall be no larger than six square feet (three feet maximum on each side) and be placed so the bottom of the sign has no less than seven feet (7'0 ") of clearance. Such signs shall be allowed to project two feet into the public nght -of -way. The square footage of pedestrian signs shall be deducted from the total allowable sign area for that building. Pedestrian signs shall conform to all sections of this ordinance. (+) LW Rear Building Signs: Signs shall be allowed on the rear of a building. :F._ squepe e-Qi Signs on Exterior Walls: Signs shall not be painted on exterior wall of any building • or structure. 11) Murals: Murals r it r' D wn n i Review m i appro n' i n l ' (k) Banners: One or more banners not exceeding two square feet per front linear foot of building are allowed on primary side of building for no more than 45 days in a calendar year. (1) Appeals: Upon notice of any application being rejected by the City Staff, the applicant shall have access to appeal to the Downtown Design Review Committee, and if rejected by the Downtown Design Review Committee the applicant shall have the appeal procedure pursuant to the City of Hutchinson Zoning Ordinance. (m) Permit Fee! Sign peFFn t fees shall be we ved mig the G 8 GeHtFa GeFnFneFeiB4 ` REVIEW BY THE DOW IQWN F THE SI D SPE R - PECIFICALLY MEET THIS REQUIREMEN PROHIBITED SIGNS The following described signs are hereby declared a nuisance and shall be prohibited in all districts of the City. (1) Revolving and Flashing Signs: Signs which revolve or flash or consist of lights which revolve or flash are prohibited with the exception of devices which inform the public of time and/or temperature. Moving message type signs shall be permitted as an exception when their messages consist primarily of news, public announcements, etc., or a non- advertising • nature. (2) Signs Imitating Official Signs: Signs which imitate an official traffic sign or signal or which contain the words "stop ", "go slow ", "caution ", "danger", "warning ", or similar words. (3) Confusing Signs: Signs which are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device, or which hide from view any traffic or street sign or signal; or which obstruct the view in any direction view at a street or road intersection. (4) Signs Advertising Terminated Businesses: Business signs which advertise an activity, business, or service no longer produced or conducted on the premises upon which the sign is located. Where the owner or lessor of the premises is seeking a new tenant, such signs may remain in place for not more than sixty (60) days from the date of vacancy. (5) Right -of -Way: Business or advertising signs which are placed on a municipal, county, or state right -of -way. (6) Other Temporary Signs: Signs which are pasted or attached to utility poles, trees, fences, or other signs. Portable Signs'. Portable sians and portable ground sions with changeable lettering are prohibited SECTION 3. This ordinance shall take effect from and after its passage and publication. • Adopted by the City Council this 12th day of November, 1996 Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator • MINUTES HUTCHINSON LA N INGS COMMISSION 99 YoUrq lkro8 • 1. CALL TO ORDER 5:30 P M IOf The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present: Bill Craig, Bill Arndt, Paul Ackland, Craig Lenz, Dave Westlund, Glenn Matejka and Chairman Wood. Also present: Jim Marka, Director of Building, Planning and Zoning, Brenda Ewing, Planning Coordinator and G. Barry Anderson, City Attorney. a) CONSIDERATION OF MINUTES OF REGULAR MEETING DATED SEPTEMBER 17, 1996 Mr. Matejka made a motion to approve the minutes of the meeting dated September 17, 1996, seconded by Mr. Amdt the motion carried unanimously. b) OLD BUSINESS NONE C) NEW BUSINESS NONE 3. PUBLIC HEARINGS - 5:30 P.M. • a) CONTINUATION CONSIDERATION TO REZONE PROPERTY KNOWN AS CENTURY COURT ADDITION FROM R -3 (MULTIPLE FAMILY RESIDENCE DISTRICT) TO PDD (PLANNED DEVELOPMENT DISTRICT -HIGH DENSITY DISTRICT) REQUESTED BY BRIAN SOLSRUD, AUGUSTA BUILDING CORPORATION Chairman Wood reopened the hearing at 5:35 p.m. with the reading of publication #4956 as published in The Hutchinson Leader on Thursday, September 5, 1996. The request is for the purpose of considering to rezone property known as Century Court Addition from R -3 (Multiple Family Residence District) to PDD (Planned Development District) requested by Mr. Brian Solsrud, Augusta Building Corporation. Director of Building. Planning and Zoning Jim Marka explained the staff recommendation as presented in the packet with both a request for PDD (R -3) density and PDD (R-4) density. He commented on the second option which would be to rezone only the area along Century Ave. to R-4 and not to zone to PDD. Discussion followed regarding the PDD density requirements. There was also discussion of the TIF status with the property and requirements for less density. Mr. Marka explained the second option as transitional from I/C to R-4 and R -3. Mr. Craig stated he is not in favor of the rezoning because it is a Tax Increment Financing (TIF) project. Mr. Craig moved to close the hearing, seconded by Mr. Matejka the hearing closed at 5:43 p.m. Mr. Craig made a motion to leave the property as presently zoned and recommend to deny the request. Seconded by Mr. Lenz the motion carried unanimously. • b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY BARRY BARTON TO CONSTRUCT MINI STORAGE LOCATED IN CASA ADDITION SOUTH OF TEXAS AVE. Chairman Wood opened the hearing at 5:45 p.m. with the reading of publication # 4970 as published in The Hutchinson Leader on Thursday, October 3, 1996. The request is for the purpose of considering a conditional use permit requested by Mr. Barry Barton to construct mini - storage to be 1 HUMENSON PLANNING COMMISSION MINUTES 10/15/96 located in Casa Addition South of Texas Ave. Mr. Marka commented on the site plan, drainage and staff recommendations regarding t4a setback from the curbing and not 4'. He stated there will be no access to Texas Ave. to maintain a controlled access. Mr. Barton explained the buildings will be similar to the present buildings and low profile. Mr. Lenz moved to close the hearing, seconded by Mr. Arndt the hearing closed at 5:50 p.m. Mr. Lenz made a motion to recommend approval of the request. Seconded by Mr. Arndt the motion carried unanimously. c) CONSIDERATION OF VARIANCE REQUESTED BY KEVIN OTTO TO REDUCE LOT WIDTH REQUIREMENT 25 FEET FROM 105 FEET TO 80 FEET FOR CONSTRUCTION OF A TWIN HOME 60 FEET IN WIDTH LOCATED AT 909 HILLCREST RD N.E. Chairman Wood opened the hearing at 5:51 p.m. with the reading of publication #4971 as published in The Hutchinson Leader on Thursday, October 3, 1996. The request is for the purpose of considering a variance requested by Mr. Kevin Otto to reduce lot width requirement 25 feet from 105 feet to 80 feet for construction of a twin home to be located at 909 Hillcrest Rd. N.E. Mr. Marka commented on the history of the area beginning with the Redman property adjacent to the proposed property. He stated Ms. Redman replatted her property as the lots were too small to accommodate the density requirement for town homes. Mr. Marka explained Mr. Otto does have the required density as his lot is larger and staff believes the hardship is legitimate. He stated Mr. Otto is accommodating the sideyard setback and the density. The proposed twin homes are smaller than some built in Hutchinson. • Mr. Otto explained the request stating each unit will be owned. He stated he has a possible buyer. The unit will be completed in the Spring of 1997. Mr. Marka stated there is service available for one unit. The second unit will require another service. Discussion followed on the possibility of the remaining lots developing twin homes also requiring a variance. Ms. Redman commented on the previously platted lots for town homes and asked what would happen to outlot A. Mr. Marka explained the density requirements. There was discussion of hardship which is not to be of the owners making. Mr. Otto commented on the purchase of the lot contingent on the variance approval. Discussion followed on the possibility of replatting the four lots to three to meet the requirements for placement of twin homes. Mr. Craig moved to close the hearing, seconded by Mr. Arndt the hearing closed at 6:05 p.m. Mr. Craig made a motion to deny the proposal due to lack of hardship. Seconded by Mr. Lenz the motion carried unanimously. d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JOEL GROEBNER TO MOVE A 30'X 26' HOME ONTO PROPERTY LOCATED AT 504 CALIFORNIA ST. Chairman Wood opened the hearing at 6:06 p.m. with the reading of publication #4972 as published in The Hutchinson Leader on Thursday, October 3, 1996. The request is for the purpose of considering a conditional use permit requested by Joel Groebner to move a 30' x 26' home onto property located at 504 California St. • Mr. Groebner explained his request and presented a video of the house to show the condition of the roof and cedar siding. He stated they plan to reshingle and possibly restain the siding. He commented on the addition to the house of 100 sq. ft. plus a deck. HUTCHINSON PLANNING COMMISSION MINUTES 10/15/96 Mr. Arndt moved to close the hearing, seconded by Mr. Lenz the hearing closed at 6:11 p.m. Mr. • Arndt made a motion to recommend approval of the request. Seconded by Mr. Lenz the motion carried unanimously. e) CONSIDERATION OF VARIANCE REQUESTED BY SOLITRA INC. TO REDUCE PARKING LOT AND CIRCULATION DRIVE FROM THE REQUIRED 20' TO 10' Chairman Wood opened the hearing at 6:13 p.m. with the reading of publication #4973 as published in The Hutchinson Leader on Thursday, October 3, 1996. The request is for the purpose of considering a variance requested by Solitra Inc. to reduce parking lot and circulation drive from the required 20' to 10'. Mr. Marka explained the request and the addition to Solitra for expansion. He stated the non- conforming lot of record is the hardship and explained the intent of setback for snow removal. He explained there is room to the North for snow removal and the lot to the East is not a buildable lot and used only for railroad right of way. Mr. Matejka moved to close the hearing, seconded by Mr. Craig the hearing closed at 6:20 p.m. Mr. Matejka made a motion to recommend approval of the request. Seconded by Mr. Craig the motion carried unanimously. f) CONSIDERATION OF AMENDMENT TO HUTCHINSON ZONING ORDINANCE SECTION 8.11, C -3 DISTRICT, REGARDING NEW /USED AUTOMOBILE SALES Chairman Wood opened the hearing at 6:21 p.m. with the reading of publication #4974 as published • in The Hutchinson Leader on Thursday, October 3, 1996. The request is for the purpose of considering an amendment to the Zoning Ordinance, Section 8.11, C -3 District, regarding new /used automobile sales. Mr. Marka explained items f and g tie together. He commented on the request by Mr. Kleman for an automobile dealer license. Mr. Marka stated staff recommended to amend the ordinance to allow new and used car sales with indoor display area only. Atty. Ron McGraw, representing Mr. Kleman, commented on the indoor display area as appropriate for their request in item g. Discussion followed on the ordinance being restrictive enough. City Attorney G. Barry Anderson commented on the existing parking ordinance and stated the proposed language would be adequate. Mr. Matejka moved to close the hearing, seconded by Mr. Amdt the hearing closed at 6:26 p.m. Mr. Matejka made a motion to recommend approval of the request. Seconded by Mr. Arndt the motion carried unanimously. g) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ROGER KLEMAN, SPORT CARS INC., TO OPERATE A CLASSIC AUTOMOBILE SALES BUSINESS TO BE LOCATED AT 5 JEFFERSON ST. S.E. Chairman Wood opened the hearing at 6: 27 p.m. with the reading of publication #4975 as published in The Hutchinson Leader on Thursday, October 3, 1996. The request is for the purpose of • considering a conditional use permit requested by Mr. Roger Kiernan, Sport Cars Inc., to operate a classic automobile sales business to be located at 5 Jefferson St. S.E. Mr. Craig moved to close the hearing, seconded by Mr. Lenz the hearing closed at 6:28 p.m. Mr. Craig made a motion to recommend approval of the request subject to staff recommendations HUTCHINSON PLANNING COMMISSION MINUTES 10/15/96 contingent on the approval and final reading of the amendment to the Zoning Ordinance regarding conditionally permitting new /used automobile sales in the C -3 District. Seconded by Mr. Lenz# motion carried unanimously. h) CONSIDERATION OF AMENDMENT TO HUTCHINSON ZONING ORDINANCE SECTION 10 REGARDING SIGNS IN THE MAIN STREET AREA Chairman Wood opened the hearing at 6:30 p.m. with the reading of publication #4976 as published in The Hutchinson Leader on Thursday, October 3, 1996. The request is for the purpose of considering an amendment to Hutchinson Zoning Ordinance Section 10 regarding signs in the Main Street Area requested by the Downtown Design Review Committee and City Staff. Planning Coordinator Brenda Ewing commented on the request regarding downtown signage. She stated the changes would be less restrictive and more customer service oriented. Mr. Marka explained the purpose of the Downtown Design Review Committee as a City Council appointed committee to monitor signs and enhance the authenticity of the buildings in the downtown. Mr. Matejka moved to close the hearing, seconded by Mr. Craig the hearing closed at 6:35 p.m. Mr. Matejka made a motion to recommend approval of the request. Seconded by Mr. Westlund the motion carried. Mr. Craig voted nay stating the ordinance is too restrictive for the businesses. CONSIDERATION OF AMENDMENT TO SUBDIVISION ORDINANCE SECTION 12.40, REGARDING TEMPORARY DEAD -END STREETS Chairman Wood opened the hearing at 6:41 p.m. with the reading of publication #4977 as publi in The Hutchinson Leader on Thursday. October 3, 1996. The request is for the purpos f considering an amendment to Subdivision Ordinance Section 12.40, regarding temporary dead -end streets. Ms. Ewing commented on the amendment and the responses from the Linder Bus company and Emergency Services. Discussion followed concerning the request and the determination of the term temporary. Mr. Marka stated there are presently only two situations in the city which would require turn arounds. He stated it would be the developer's responsibility to keep the turnaround maintained. Mr. Lenz moved to continue the hearing to the November meeting, seconded by Mr. Matejka the motion carried unanimously. j) CONSIDERATION OF AMENDMENT TO HUTCHINSON ZONING ORDINANCE SECTION 3, ADDING DEFINITION FOR LOT WIDTH Chairman Wood opened the hearing at 6:49 p.m. with the reading of publication #4978 as published in The Hutchinson Leader on Thursday, October 3, 1996. The request is for the purpose of considering an amendment to Hutchinson Zoning Ordinance Section 3, adding definition for lot width. Ms. Ewing commented on the need for a definition for lot width in the ordinance. There was discussion of the unusual pie- shaped lots. The proposed definition does not solve the problem of lot width and setback for the unique lot shapes. Atty. Anderson explained there is no pegat language. He concluded the city does need a definition in the zoning ordinance to protect ourse Mr. Craig moved to continue the hearing to the November meeting, seconded by Mr. Lenz the motion carried unanimously. HUTCHINSON PLANNING COMMISSION MINUTES 10 /15/96 4. COMMUNICATION FROM STAFF • Brenda Ewing commented on the public information cards proposed by staff. :9.• '►u There being no further business the meeting closed at 7:00 p.m. • PUBLISHED IN THE HUTCHINSON LEADER THURSDAY, OCTOBER 10, 1996 • PUBLICATION NO. 4979 NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NO. 4 AND ON A PROPOSED TAX INCREMENT FINANCING PLAN CITY OF HUTCHINSON, MINNESOTA . NOTICE IS HEREBY GIVEN that the City Council of the City of Hutchinson (the "City") will hold a public hearing on proposed amendments (the "Amendments ") to The Development Program (the "Program ") for Development District No. 4 of the City (the "Development District ") and the Tax Increment Financing Plan for Tax Increment District No. 4 ( "Tax Increment District No. 4 "), and on a proposed Tax Increment Financing Plan of the City at 6:00 p.m. on Tuesday, October 22,1996, in the Council Chambers at the Hutchinson City Center, Hutchinson, Minnesota. The proposed Amendments authorize the City to undertake certain activities in connection with the redevelopment of property located at 36 1st Avenue N.W. and 46 Main Street N.W. (the "Property ") in the City. The Financing Plan will establish Redevelopment Tax Increment Financing District No. 11 ( "Tax Increment District No. 11 ") and provide for the payment of certain costs incurred directly by the City related to the redevelopment of the Property and the development or redevelopment of other property included in the Development District or the reimbursement to owners of such property of certain costs paid by private parties in connection with the development or redevelopment of such property. The property to be included in Tax Increment District No. 11 is presently included in Tax Increment District No. 4, and the Amendments will remove the property from Tax Increment District No. 4. Accompanying this notice is a map showing the area proposed to be included in the Tax Increment District No. 11 which is the area from which tax increments from the Tax Increment District No. 11 may be collected, and a map showing the area included in the Development District, which is the area in which tax increments from the Tax Increment District No. 11 may be expended. All who wish to be heard as to the Amendments and the Financing Plan will be given an opportunity to express their views at the time of the public hearing or may file written comments with the City Administrator prior to the • public hearing. By � AdmiNtrator z-, J /77 , 0 0 u_: TAX INCREMENT DISTRICT N❑, 11 SHOPKO DEVELOPMENT ,T, MEMO r' M LOUR 1NFORMATJNi; To: Mayor and Council,' [y PIdtz Barry Anderson, Ken Merrill, Dick Lennes, and John Rodeberg From: Planning Staff Subject: Dairy Queen Site and TIF District #11 Date: September 18, 1996 At their meeting last evening, the Hutchinson Planning Commission discussed the proposed construction of the new Dairy Queen structure at the location of the existing restaurant. The Commission recommended the following regarding this proposed project: 1. The property owner(s) should conduct a Phase I Environmental Study and conduct soil borings on their property to determine if there are any underground tanks on the site. It was noted that a gas/filling station was located on this site • prior to the establishment of the existing Dairy Queen. 2. The subsurface environmental assessment completed for the Shopko project should be referenced. Soil boring and monitoring well information for the Dairy Queen site may be contained in the assessment. 3. The development agreement for Tax Increment Financing District #11, when drafted, should ensure that there is no exposure to the City in the event that any site clean up is required on the Dairy Queen property as a result of the environmental study. If you have any questions regarding the recommendations of the Planning Commission, please contact Jim Marka, Director of Building, Planning and Zoning. cc: Gary Cox Planning Commission Planning Staff • September 20, 1996 JJ a Board of County Commissioners Attn: Nan Crary, County Administrator 830 11th Street East Glencoe, MN 55336 -2270 School Board Attn: Robert Windel Independent School District No. 423 30 Glen Street North Hutchinson, MN 55350 Re: Proposed Establishment by City of Hutchinson Tax Increment Financing District (District No. 11) FOR YOUR INFORMATIO& Ladies and Gentlemen: On October 22, 1996 at ¢,QQ p.m. the Hutchinson City Council will hold a public hearing on a • proposed Tax Increment Financing Plan which would establish a redevelopment tax increment financing district to be designed by the City as Tax Increment Financing District No. 1 I ("District No. 11" ). The Property proposed to be included in District No. 11 consists of parcels in the City located at 36 First Avenue N.W. (2 -Way Communications) and 46 Main street N.W. and demolish the existing building thereon and construct a parking lot. As part of this redevelopment the Dairy Queen located at 46 Main Street N.W. would be reconstructed. Enclosed is a draft of the Modification to the Development Program for Development District No.4 and the Tax increment Financing Plan for District No 11. Included in these documents is an estimate of the fiscal and economic implications of District No. 11. You are invited to be present at the October 22nd public hearing and present your comments on the proposed Tax increment Financing Plan and the establishment of District No. 11. In addition, officials of the City are available to meet with you at your convenience to discuss this matter. Sincerely, City of Hutchinson City Admmr for cc: Dick Lennes Ken Merrill • Enclosures City Center Parks & Recreation Police Services Ill Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350.2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350.2464 (320) 587 -5151 (320) 587.2975 (320) 587.2242 Fax (320) 234 -4240 Fax (310) 234 -4240 Fax (320) 587 -6427• DORSEY & WHITNEY LLP 0 MINNEAPOLIS PILLSBURY CENTER SOUTH WASHINGTON, D.CG 220 SOUTH SIXTH STREET LONDON MINNEAPOLIS, MINNESOTA 55402 -1498 BRUSSELS TELEPHONE: (612) 340 -2600 HONG KONG FAX: (612) 340 -2868 DPS MOINES ROCHESTER COSTA MESA JEROME P. GIL CLAN (812) 3962982 October 18, 1996 Mr. Kenneth Merrill City of Hutchinson 111 Hassan Street Hutchinson, MN 55350 Re: TIF District No. 11 • Dear Ken: NEW YORK DENVER SEATTLE FARGO BILLINGS MISSOULA GREAT FALLS Enclosed is the modification of the Development Program for Development District No. 4 relating to the property to be included in TIF District No. 11, together with a form of resolution for consideration by the City Council following the public hearing on October 22nd which approves the modification of the Development Program and the TIF Plan for TIF District No. 11. The resolution also approves the elimination of the property included in TIF District No. 11 from TIF District No. 4. Should you have any questions, please call me. Yours I rom JPG:cmn f Enclosures CC. G. Barry Anderson • Steve Apfelbacher • MODIFIED DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 (TAX INCREMENT DISTRICT NO. 11) Subsection 1 -1. Background The City of Hutchinson has pursuant to Minnesota Statutes, Sections 469.124 to 469.134 (the "Development District Act'), approved a development program (the "Development Program ") for Development District No. 4 (the "Development District No. 4 ") in the City. Property included in Development District No. 4 includes property located in the Central Business District of the City, the shopping center located in the southern portion of the City portions of the industrial park in the City, property adjacent to the Central Business District of the City on which a senior housing facility is located and property located in the southern portion of the City on which a townhouse development is located. Subsection 11 -2. Modifications to Development Program The City amends the Development Program pursuant to the Development District Act to authorize the City to undertake activities with respect to the redevelopment of the property located at 36 First Avenue N.W. (Two -Ways Communications Building) and 46 Main Street N.W. (Dairy Queen Building) (the "Property") which is already • included in the Development District. To finance expenditures to be undertaken in accordance with the Development Program in the redevelopment of the Property to provide a new Dairy Queen and a public parking lot, the City is in connection with this Amendment approving the Tax Increment Financing Plan for Tax Increment Financing District No. 11, which includes the Property in a tax increment financing district. In connection with the construction of a new Dairy Queen on the property located at 46 Main Street N.W., the City proposes to acquire the property located at 36 First Avenue N.W., demolish the existing structure thereon and construct a public parking lot thereon. Certain costs of such redevelopment are proposed to be paid or reimbursed from tax increment to be derived from Tax Increment Financing District No. 11. Subsection 1 -3. Statement and Finding of Public Purpose The City has found that there is a need for redevelopment of the Additional Property based upon the following conditions: 1. The buildings located on the Property which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement or design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, and a combination of these and other factors is detrimental to the safety, health, • morals or welfare of the community. 2. Redevelopment of the Property requires active • promotion, attraction, encouragement and development of economically sound industry and commerce through government action for the purpose of preventing the emergence and continuation of blight and the occurrence of conditions requiring redevelopment. 3. It is found that there is a need for redevelopment of the Property to provide employment opportunities, to improve the tax base and to improve the general economy of the state. The City has previously determined to include the Property in Development District No. 4 to provide impetus for private development and redevelopment, to maintain and increase employment opportunities, to provide infrastructure to serve citizens and employees of the City, to utilize existing land for potential redevelopment and to provide other facilities as are outlined in the Development Program. The City has also determined that proposed redevelopment of the Property to be assisted or owned by the City would not occur solely through private investment in the foreseeable future. The City finds that the welfare of the City as . well as the State of Minnesota requires active promotion, attraction, encouragement and redevelopment of economically sound industry and commerce to carry out its stated public purpose objectives. The City has also determined that any tax increment financing plans to be approved with respect to the Property will be consistent with the Development Program; and that the tax increment financing plans will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Development District No. 4 by private enterprise. Subsection 1-4. Statement of Objectives The City determines that this modification of Development District No. 4 will provide the City with the ability to achieve certain public purpose objectives with respect to the Property not otherwise obtainable in the foreseeable future without City intervention in the normal redevelopment process. The City seeks to achieve the following program objectives, in addition to any previously stated objectives: 1. Work cooperatively with other local organizations,'the Hutchinson Community Development Corporation and other governmental agencies in promoting any projects • -2- • which will improve the City infrastructure, increase employment, and add to the tax base of the City. 2. Promote and secure additional employment opportunities within Development District No. 4, thereby improving living standards, reducing unemployment and the loss of skilled and unskilled labor. 3. Assist and /or promote small businesses to expand. 4. Encourage local business expansion, improvements, and development whenever possible. 5. Create a desirable and unique character within Development District No. 4 through design quality in new and remodeled buildings. 6. Replace or upgrade existing sub - standard buildings to maintain and increase the tax base of the City. 7. Encourage and provide maximum opportunity for private • redevelopment of existing areas and structures which are compatible with the Development Program. Subsection 1 -5. List of Developments and Redevelopments To implement the established objectives, the City has utilized and plans to utilize a number of public and private financing tools. Funding of the necessary activities and renovation with respect to the Property are expected to be accomplished through tax increment financing, land sale income, revenue bonds, general obligation bonds, federal and state grants, tax credits, and private financing. Specific budgets will be reviewed in a public forum. Any activities which include the use of tax increment will be outlined in the budget of each tax increment financing plan. Subsection 1 -6. Environmental Controls It is anticipated that no redevelopment of the Property will present major environmental concerns. All city actions, public improvements and private development will be carried out in a manner that complies with applicable environmental standards. Subsection 1 -7. Public Facilities to be Constructed Public facilities constructed in connection with the redevelopment of the Property will be financially feasible and compatible with the City's long range development plans. Such facilities are expected to include a public parking lot. Cl Egli 0 Subsection 1 -8. Proposed Reuse of Property The City may acquire all or portions of the Property in connection with the redevelopment and development thereof. Subsection 1 -9. Relocation The City accepts its responsibility for providing for relocation pursuant to Section 469.133 of the Act. If relocation is necessary, provision will be made in accordance with Minnesota Statutes, Sections 117.50 through 117.56, inclusive. Subsection 1 -10. Administration of Development District Maintenance and operation of the public improvements is the responsibility of the administrator of Development District No. 4. Each year the administrator will submit to the City Council the maintenance and operation budget for the following year. The administrator administers Development District No. 4 pursuant to the provisions of Section 469.131 of the Act; provided, however, that such powers may only be exercised at the direction of the City Council. No action taken by the administrator shall be effective without authorization by the City Council. The City has not created and does not anticipate the need to create an advisory board to advise the City Council on the planning, construction or implementation of the activities and improvements outlined in the Development • Program. E -4- • STATE OF MINNESOTA) COUNTY OF MCLEOD ) CITY OF HUTCHINSON ) I, the undersigned, being the duly qualified and acting City Administrator of the City of Hutchinson, Minnesota, do hereby certify that I have carefully compared the attached copy of: EXTRACT OF HUTCHINSON CITY COUNCIL MINUTES TUESDAY, OCTOBER 22, 1996 with the original file in the Office of the City Administrator, and the same is a full, true and complete copy thereof. • WITNESS my hand as such City Administrator and the Corporate Seal of the City this day of 1996. (SEAL) 0 Gary D. Plotz, City Administrator 0 Councilmember introduced the following resolution, the ready of which was dispensed with by unanimous consent, and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AN AMENDMENT TO DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 11 BE IT RESOLVED by the City Council (the "Council') of the City of Hutchinson, Minnesota (the "City"), as follows: Section 1. Recitals 1.01. It has been proposed that the City modify the Development • Program for Development District No. 4, establish Tax Increment Financing District No. 10 and approve and adopt the Tax Increment Financing Plan relating thereto, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134, inclusive, as amended, and Minnesota Statutes, Sections 469.174 to 469.179, inclusive, as amended. 1.02. The Council has investigated the facts and has caused to be prepared an amendment (the "Amendment ") to the Development Program (the "Program ") for Development District No. 4 ( "Development District No. 4 ") and a proposed Tax Increment Financing Plan (the "Plan") for Tax Increment Financing District No. 11 (the "Tax Increment District "). 1.03. The City has performed all actions required by law to be performed prior to the approval of the modification of the Program by the Amendment and the approval of the Plan, including, but not limited to, notification of McLeod County and School District No. 423 having taxing jurisdiction over the property to be included in the Tax Increment District, notification to the McLeod County Commissioner who represents the property to be included in the Tax Increment District, a review by the City Planning Commission of the proposed Amendment and Plan, and the holding of a public hearing upon published notice is required by law. 7 • Section 2. Findings for the Modification of Development District No 4 and the Establishment of the Tax increment District and the Approval of the Amendment and Plan Relating Thereto 2.01. The Council hereby finds that the Tax Increment District is a redevelopment district. 2.02. The Council hereby finds that the modification of Development District No. 4 by the Amendment and the establishment of the Tax Increment District by the Plan and the approval of the Amendment and Plan relating thereto, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for redevelopment of blighted or obsolete property in the City, to increase employment and otherwise promote certain public purposes and accomplish certain objectives as specified in the Program as amended by the Amendment and the Plan. 2.03. The Council further finds that the proposed development, in the opinion of the Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and, therefor, the use of tax increment financing is deemed necessary; that the Plan conforms to the general plan for the development or redevelopment of the City as a whole; and that • the Plan will afford maximum opportunity consistent with the sound needs of the City as a whole, for the redevelopment of Development District No. 4 by private enterprise. 2.04. The Council further finds, declares and determines that the City made the above findings stated in Section 2 and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. Section 3. Approval of the Program and Plan 3.01. The Amendment and Plan are hereby approved and adopted, and shall be placed on file in the office of the City Administrator. 3.02. The City staff, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Program as amended by the Amendment and the Plan and for this purpose to negotiate, draft, prepare and present this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. • -2- Section 4. Elimination of Property in Tax Increment District From Tax • Increment Financing District No. 4 4.01. The property included in the Tax Increment District is presently included in Tax Increment Financing District No. 4 of the City ( "TIF District No. 4 "). The current net tax capacity of such property equals or exceeds the original net tax capacity of such property which is used for determining tax increment revenue from such property for TIF District No. 4. The elimination of the property included in the Tax Increment District from TIF District No. 4 is hereby approved. Section 5. Further Procedures 5.01. The City Administrator is authorized to request certification for the Tax Increment District from the McLeod County Auditor's Office and to file the Plan and Program with the Minnesota Department of Revenue pursuant to Minnesota Statutes, Section 469.175, subdivision 2. Dated: October 22,1996. Mayor City Administrator (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: • 1911 • EXHIBIT A TO RESOLUTION NO. The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 10 as required pursuant to Minnesota Statutes, Section 469.175, subdivision 3 are as follows: 1. Finding that the Tax Increment District is a redevelopment district as defined in Minnesota Statutes, Section 469.175, subd. 10. The Tax Increment District consists of two parcels of property and adjacent public right of way. Each parcel is occupied by a building and improvements. Each of the buildings have been reviewed by the City Building Official who has determined that each building is structurally substandard to a degree requiring substantial renovation or clearance. 2. Finding that the proposed development, in the opinion of the Council, would not occur solely through private investment within the reasonably • foreseeable future and, therefore, the use of tax increment financing is deemed necessary. Due to the high cost of redeveloping the property in the Tax Increment District, the proposed development is only economically feasible through the use of tax increment financing assistance. 3. Finding that the Plan conforms to the general plan for the development or redevelopment of the municipality as a whole. The site is appropriately zoned. The Plan has been reviewed by the Planning Commission and has been found to conform to the general development plan of the City. 4. Finding that the Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Development District No. 4 by private enterprise. The establishment of the Tax Increment District will result in the redevelopment of commercial property in the City by a private landowner and will eliminate a blighting influence in Development District No. 4. • n u Draft as of October] 7, 1996 Draft for public hearing MODIFICATION TO THE DEVELOPMENT PROGRAM for DEVELOPMENT DISTRICT NO.4 and PROPOSED TAX INCREMENT FINANCING PLAN for TAX INCREMENT FINANCING DISTRICT NO. 11 (a redevelopment tax increment financing district) • CITY OF HUTCHINSON COUNTY OF MCLEOD STATE OF MINNESOTA Public Hearing: October 22, 1996 Adopted: Prepared by: • EHLERS AND ASSOCIATES, INC. 2950 Norwest Building 90 South Seventh Street Minneapolis, Minnesota 55402 -4100 (612) 339 -8291 � 1 APPENDIX A BOUNDARY MAP OF DEVELOPMENT DISTRICT NO. 4 AND TAX INCREMENT FINANCING DISTRICT NO. 11 ...................................... A- I APPENDIX B LEGAL DESCRIPTION OF PROPERTY TO BE INCLUDED IN TAX INCREMENT FINANCING DISTRICT NO. 1 l ....... ............................... B -1 APPENDIX C CASH FLOW FOR TAX INCREMENT FINANCING DISTRICT NO. 11 ..................... C -1 APPENDIX D MINNESOTA BUSINESS ASSISTANCE FORM (MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT) ............. D -1 APPENDIX E • REDEVELOPMENT QUALIFICATIONS FOR TAX INCREMENT FINANCING DISTRICT NO. 11 .... ....I .......................... ...... ....... ............................E -1 TABLE OF CONTENTS • SECTION I MODIFIED DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 ........ 1 -1 Subsection 1 -1 C Ptoj is -.... ............................ ............................I -1 SECTION II, TAX INCRLMENTPLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 11 ........ 2 -1 Subsection 2' -1 -A- Forward ................................. ............................2 -1 Subsection 2-3. Statutory Authority ..................... ............................... 2 -1 ..,_:. Suhsection24. Statement of Objectives .................. ............................... 2 -1 ark `-H ubsection 2 -5. Development Program Overview .......... ............................... 2 -1 - �`Snbsection 2 -6. Legal Description of Property of Tax Increment Financing District No. 1 I ......... 2 -1 . Subsection 2 -7. Classification of Tax Increment Financing District No. 11 ...................... 2 -2 Subsection 2 -8. Original Tax Capacity and Tax Rate ........ ............................... 2 -3 - - } -� - Subsection 2 -9. Estimated Captured Net Tax Capacity Value/Increment ........................ 2 -3 Subsection 2 -10. Property To Be Acquired ................ ............................... 2 -3 Subsection 2 -11. Uses of Funds ......................... ............................... 2-4 Subsection 2 -12. Sources of Revenue/Bonded Indebtedness ... ............................... 2-4 Subsection 2 -13. Duration of Tax Increment Financing District No. I l .......................... 2 -5 Subsection 2 -14. Estimated Impact on Other Taxing Jurisdictions .............................. 2 -5 Subsection 2 -15. Modifications to Tax Increment Financing District No. 11 ...................... 2 -6 Subsection 2 -16. Administrative Expenses ................. ............................... 2 -7 Subsection 2 -17. Limitation of Increment .................. ............................... 2 -7 Subsection 2 -18. Use of Tax Increment ................... ............................... 2 -8 Subsection 2 -19. Notification of Prior Planned Improvements . ............................... 2 -8 Subsection 2 -20. Excess Tax Increments .................. ............................... 2 -9 • Subsection 2 -21. Requirements for Agreements with the Developer ............................ 2 -9 Subsection 2 -22. Assessment Agreements ................. ............................... 2 -9 Subsection 2 -23. Administration of Tax Increment Financing District No. 11 ..................... 2 -9 Subsection 2 -24. Financial Reporting Requirements ............ ...........................2 -10 Subsection 2 -25. Municipal Approval and Public Purpose .... ............................... 2 -11 Subsection 2 -26. Other Limitations on the Use of Tax Increment ............................. 2 -12 Subsection 2 -27. State Tax Increment Financing Aid ........ ............................... 2 -13 Subsection 2 -28. County Road Costs .................... ............................... 2 -13 Subsection 2 -29. Economic Development and Job Creation ... ............................... 2 -13 Subsection 2 -30. Summary ............................ ............................... 2 -13 APPENDIX A BOUNDARY MAP OF DEVELOPMENT DISTRICT NO. 4 AND TAX INCREMENT FINANCING DISTRICT NO. 11 ...................................... A- I APPENDIX B LEGAL DESCRIPTION OF PROPERTY TO BE INCLUDED IN TAX INCREMENT FINANCING DISTRICT NO. 1 l ....... ............................... B -1 APPENDIX C CASH FLOW FOR TAX INCREMENT FINANCING DISTRICT NO. 11 ..................... C -1 APPENDIX D MINNESOTA BUSINESS ASSISTANCE FORM (MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT) ............. D -1 APPENDIX E • REDEVELOPMENT QUALIFICATIONS FOR TAX INCREMENT FINANCING DISTRICT NO. 11 .... ....I .......................... ...... ....... ............................E -1 SECTION I MODIFIED DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 Subsection 1 -1. Woo The Development Program for Development District No. 4 is hereby modified to include the following:..... • Cary of Hutchinson . Modified Development Program for Development District No. 4 J J J • Cary of Hutchinson . Modified Development Program for Development District No. 4 SECTION 77 . TAX INCREMENT PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 11 Subsection 2 -2. Forwat The City, staff and consultants have prepared the following information to expedite and create Tax Increment Financing District No. 11 ( "Distcicx N" 11 ") in Development District No. 4. Subsection 2.3 ` Statutory Authority Wtthrq tie CT��thereexist areas where public involvement is necessary to cause development or redevelopment to occur. To [higeadt�tcity has certain statutory powers pursuant to the Minnesota Statutes, Sections 469.174 through 469.179, inclusive, amimended (the "TIF Act ") to assist in financing eligible activities related to these development needs. Tbb!$ection contains the Tax Increment Financing Plan for District No. 11. Other relevant information is contained in the Development Program for Development District No. 4. Subsection 24. Statement of Obiectives District No. 11 is a redevelopment district. District No. 11 consists of 1 full and 1 partial parcel of land and adjacent and internal rights -of -way of which the two parcels contains existing structures. The City proposes to purchase the property located at 36 First Avenue N.W. and demolish the existing building thereon and construct a parking lot. As part of this development, the Dairy Queen located at 46 Main Street N.W. would be reconstructed. The activities contemplated in the present Development Program and Tax Increment Financing Plan do not preclude [he undertaking of other qualified redevelopment activities. These activities are anticipated to occur over • the life of the tax increment district. District No.I 1 is expected to achieve many of the objectives set forth the section "Development Program Objectives" in the Development Program. Subsection 2 -5. Development Program Overview I. Property to be Acquired - Selected property located within District No. 11 by the City and is further described in Section 2.9 of this Plan. 2. Relocation - Complete relocation services are available pursuant to Minnesota Statutes, Chapter 117 and other relevant state and federal laws. 3. Upon approval of the developer's plan relating to the project and completion of the necessary legal requirements, the City may make available to the developer selected properties as a parking lot. 4. The City may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and other necessary public improvement work within District No. 11. Subsection 2.6. Legal Description of Property of Tax Increment Financing District No. 11 District No. 11 encompasses all property and adjacent rights -of -way identified by the parcel numbers below: COUNTY PIN PID ADDRESS LEGAL DESCRIPTION • 23.056.3560 31- 117 -29 -14 -0480 46 Main Street N.W. N 2/3 of Lot 1, Block 50, N'h City 23.056.3740 31- 117 -29 -14 -0650 36 Fast Avenue N.W. E'h Lot 10, Block 50, N'h City City of Hutchinson Tax Increment Financing Plan for Tax Increment Financing District No. l 1 2 -1 • See the map in Appendix A for further information on the location of District No. 11. Subsection 2 -7. Classification of Tax Increment Financing District No. 11 (a) "??ipdevelopmem district" means a type of tax increment financing district consisting of a project, or portions of a project, within which the authority fords by resolution that ;_ -one of the following conditions, reasonably distributed throughout the district, exists: (1) parcels consisting of 70 percent of the area in the district are occupied by buildings, streets, utilities, or other improvements and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a =r - degree requiring substantial renovation or clearance; or The City, in determining the need to create a tax increment financing district in accordance with Minnesota Statutes, Section 469.174 to 469179, as amended, inclusive, finds that Tax Increment Financing District No. 11 to be established is a redevelopment district Owsuant to Minnesota Statutes, Section 469.174, Subdivision 10(a) as defined below: (2) 7&e property consists of vacant, unused, underused, inappropriately used, or infrequently used railyards, rail storage facilities or excessive or vacated railroad rights -of -way. (b) For purposes of this subdivision, "structurally substandard" shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. • A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing anew structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs or other similar reliable evidence. If the evidence supports a reasonable conclusion that the building is not disqualified as structurally substandard, the municipality ma make such a determination without an interior inspection or an independent, expert appraisal of the cost of repair and rehabilitation of the building... (c) For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities or other improvements until 15 percent of the area of the parcel contains improvements. In meeting the statutory criteria described above, the City relies on the following facts and findings, which are elaborated in Appendix E: District No. 11 is a redevelopment district consisting of 2 parcels. An inventory of the parcels shows that at least 70 percent of the two parcels in District No. I I are occupied as defined in the Act. An inspection of the buildings located within District No. I I finds that at least 50 percent of the buildings are structurally substandard as defined in the Act. (See Appendix E for documentation of these findings) • City of Hmchioson Tax Increment Financing Plan for Tax Increment Financing District No 1 I 2 -2 Subsection 2 -8. Original Tax Capacity and Tax Rate • Pursuant to Minnesota Statutes, Section 469.174, Subdivision 7 and Section 469.177, Subdivision 1, the Original Net Tax Capacity (ONTC) as certified for District No. 1 1 is based on the market values placed on the property by the assessor in 1996 for taxes payable 1997. Pursuant to Section 469.177, Subds. 1 and 2, of the Tax Increment Financing Act, the County Auditorzahall cert4in each year (beginning in the payment year 1998) the amount by which the original value has increased or decreased as a result of a change in tax exempt property within the Tax Increment Financing District, reduction tfpi p�argtiment of the Tax Increment Financing District or changes in connection with previously issued building pertrutgS-�' any year in which the current Net Tax Capacity value of the District declines below the ONTC, no value will be captured and no tax increment will be payable to the City. The Cotmty Auditor shall certify in each year after the date the ONTO was certified (beginning in payment year 1998), the amount the ONTC has increased or decreased as a result of: I : change in tax exempt status of property; �htiir 2. reduction or enlargement of the geographic boundaries of the district; 3. change due to adjustments, negotiated or court - ordered abatements; 4. change in the use of the property and classification: or 5. change in state law governing class rates. The original local tax rate for District No. 11 will be the local tax rate for taxes payable 1997. The Original Tax Capacity and the Original Local Tax Rate for District No. I 1 appear in the table below. Original Tax Capacity Value 1,605 Original Tax Rate 1. • Subsection 2 -9. Estimated Captured Net Tax Capacity Value/Increment Pursuant to Minnesota Statutes, Section 469.174 Subdivision 4 and Minnesota Statutes, Section 469.177, Subdivision 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of District No. 11, within Development District No. 4, upon completion of the project, will annually approximate tax increment revenues as shown in Table 2 -3 below. The City requests 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 1998. The project tax capacity listed is an estimate of values when the project is completed. Estimated Tax Capacity Upon Completion of Project 6,123 Estimated Captured Tax Capacity 4,518 Percent Retained by Authority 100% Estimated Annual Tax Increment 6,458 Subsection 2 -10. Property To Be Acquired The City may acquire any parcel within District No. 11 including interior and adjacent street rights of way. 1. Any properties identified for acquisition will he acquired by the City only in order to accomplish one or more of the following: primarily parking improvements, but other uses could include storm sewer improvements; • City of Hutchinson Tax Increment Financing Plan For Tax Increment Financing District No. t 1 2 -3 • provide land for needed public streets, utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to accomplish the uses and objectives set forth in this plan. 2. The following are conditions under which properties not designated to be acquired may be acquired The City may [wire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this tax increment financing plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 2 -11. Uses of Funds The Cit*basconducted a feasibility study for the development of property in and around the proposed District No. 11. To facifitattfthe creation and development of downtown renewal, this Plan authorizes the use of tax increment financing to pay for the•cost of certain eligible expenses. The estimate of public costs and uses of funds associated with District No, 11 is outlined in the following table. Uses of Funds Total Land acquisition $80,000 Site improvements 35,000 Demolition 7,500 • Relocation 5,000 Interest 114,900 Administrative 22,600 TOTAL $265,000 Estimated costs associated with Tax Increment Financing District No. l l are subject to change. The cost of all activities to be considered for tax increment financing will not exceed without formal modification of the budget above pursuant to the applicable statutory requirements. No more than 25 percent of the tax increment paid by property within District No. l l will be spent on activities related to redevelopment outside of District No. I 1 (including administrative costs, which are considered to be spent outside of District No. 11). Subsection 2.12. Sources of Revenue/Bonded Indebtedness Public improvements costs, acquisition, relocation, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The City reserves the right to use other sources of revenue legally applicable to the Development Program and the Tax Increment Financing Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the Developer and investment income, to pay for the Estimated Public Costs. • City of Hutchinson Tax Increment Financing Plan for Tax Increment Financing District No. 11 2-0 The City reserves the right to incur bonded indebtedness as a result of the Tax Increment Financing Plan. As presently • proposed, the implementation of the plan will not require a bond issue. Indebtedness may be required to finance other authorized activities. The total amount of bonded indebtedness related to the use of tar increment financing will not exceed $225,000 without an':- amendment to the Tax Increment Financing Plan pursuant to applicable statutory requirements. This provision does not obligate the City to incur debt. The City will issue bonds only upon the determination that such action is intfie best interest of the City. The City may also finance the activities to be undertaken pursuant to the Tax Increttrant Financing Plan through advances/loans from funds of the City on a "pay-as-you-go" basis for eligible activities, paid e4:by the City. The present plans for financing the costs outlined in Subsection 2.11 are described as follows: the City will purchase the proposed $8%--000'ptroperty through a $10,000 down payment and monthly payments at 7% for 10 years on the remaining $70, to the property owners. The City will recoup $25,000 of the $80,000 property acquisition through a 15 year special -asst smeiit of the owners of the adjacent Dairy Queen property. The $35,000 parking lot renovation, the $5,000 cost of demeTition, and up to $7,500 for costs of relocation will be advanced from the City, to be reimbursed through taX increment. Interest costs and administrative costs will also be reimbursed through tax increment. The estimated sources of funds for District No. l I are contained in the table below. Sources Total Tax Increment Received $225,995 Special Assessment 25,000 Interest on assessment 14,005 • Other 0 TOTAL $265, Subsection 2.13. Duration of Tax Increment Financine District No. 11 Pursuant to Minnesota Statutes, Section 479.175, Subdivision 1, and Section 469.176, Subd. 1. the duration of District No. 1 l must be indicated within the Plan. Pursuant to Minnesota Statutes, Section 469.176, subdivision 1(b), the duration of District No. I I will be 25 years from the date of receipt of the first increment by the City. The date of receipt by the City of Hutchinson of the first tax increment will be approximately July, 1999. Thus, it is estimated that District No. 11, including any modifications of the Plan for subsequent phases or other changes, would terminate after 2023, or when the Plan is satisfied. The City does reserve the right to decertify District No. 11 prior to the legally required date. Subsection 2 -14. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes construction which would have occurred without the creation of District No. 11. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding, the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the construction would not have occurred without the assistance of the City, the following estimated impact of District No. 11 would be as follows if the "but for" test was not met: r� L City of Hutchinson Tax Increment Financing Plan for Tax Increment Financing Distract No. 11 2 -5 0 IMPACT ON TAX BASE TAXING JURISDICTION ='= ENTITY'S 1995/96 TOTAL NET TAX CAPACITY CAPTURED TAX CAPACITY (CTC) PERCENT OF CTC TO ENTITY TOTAL McLeod County - 15,138,534 4,518 0.03% ISD No. 423 "' = 7,896,375 4,518 0.06% City of Hutchinson 6,126,758 4,518 0.07% IMPACT ON TAX RATES ENTITY 1995196 TAX RATE PERCENT OF TOTAL CTC POTENTIAL TAXES McLeod County .44506 31.14% 4,518 2,011 ISD No. 423 .58800 41.14% 4,518 2,657 City of Hutchinson .39403 27.57% 4,518 1,780 Other .00228 0.16% 4,518 10 TOTAL 1.42937 100.00% 6,458 • The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the 1995/Pay 1996 rate. The total net capacity for the entities listed above are based on Pay 1996 figures. District No. 11 will be certified under the 1996/Pay 1997 rates which are unavailable at this time. Subsection 2 -15. Modifications to Tax Increment Financine District No. 11 In accordance with Minnesota Statutes, Section 469.175, Subdivision 4, any reduction or enlargement of the geographic area of the project or tax increment financing district; increase in amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized; increase in the portion of the captured tax capacity to be retained by the City; increase in total estimated tax increment expenditures; or designation of additional property to be acquired by the City shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original plan. The geographic area of a tax increment financing district may be reduced, but shall not be enlarged after five years following the date of certification of the original lax capacity by the county auditor. If a redevelopment district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria of Section 469.174, subdivision 10, paragraph (a), clauses (1) to (5), must be documented. The requirements of this paragraph do not apply if (1) the only modification is elimination of parcels from the project or district and (2) (A) the current tax capacity of the parcels eliminated from the district equals or exceeds the tax capacity of those parcels in the district's original tax capacity or (B) the authority agrees that, notwithstanding Section 469.177, subdivision 1, the original tax capacity will be reduced by no more than the current tax capacity of the parcels eliminated from the District. The City must notify the County Auditor of any modification that reduces or enlarges the geographic area of the District or Project Area. Modifications to District No. 11 in the form of a budget modification or an expansion of the boundaries will be recorded in the Plan. City of Hutchinson Tax Increment Financing Plan for Tax Increment Financing Distnct No I l 2-6 Subsection 2 -16. Administrative Expenses is In accordance with Minnesota Statutes, Section 469.174, Subdivision 14, and Minnesota Statutes, Section 469.176, Subdivision 3 administrative expenses means all expenditures of an authority other than amounts paid for the purchase of land or amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connectgd with the physical development of the real property in the district, relocation benefits paid to or services provided fewPersons residing or businesses located in the district or amounts used to pay interest on, fund a reserve for, or sell-Oa discount bonds issued pursuant to Section 469.178. Administrative expenses also include amounts paid for se - rvprovided by bond counsel, fiscal consultants, and planning or economic development consultants. No'tax�increment shall be used to pay any administrative expenses for the tax increment financing district whichexceed ten percent of the total tax increment expenditures authorized by the tax increment financing plan or the total ttiiEincrement expenditures for the project, whichever is less. Pursuant to Minnesota Statutes, Section 469.176, Subdivision 4h, tax increments may be used to pay for the county's acdtal adtriinistrative expenses incurred in connection with District No. 11. The county may require payment of those e ft oWs by February 15 of the year following the year the expenses were incurred. Pursuant to Minnesota Statutes, Section 469. 177, Subdivision 11, the county treasurer shall deduct an amount equal to 0.1 percent of any increment distributed to an authority or municipality and the county treasurer shall pay the amount deducted to the state treasurer for deposit in the state general fund. Subsection 2 -17. Limitation of Increment Pursuant to Section 469.176, Subd. 1, of the Tax Increment Financing Act, no tax increment shall be paid to the City for the Tax Increment Financing District after three (3) years from the date of certification of the Original Net Tax Capacity value of the taxable property in the Tax Increment Financing District by the County Auditor unless within the three (3) years period: • (a) bonds have been issued pursuant to Section 469.178, or in aid of a project pursuant to any other law, except revenue bonds issued pursuant to Section 469.152 to 469.165, or (b) the City has acquired property within the Tax Increment Financing District, or (c) the City has constructed or caused to be constructed public improvements within the Tax Increment Financing District The bonds must be issued, or the City must acquire property or construct or cause public improvements to be constructed by approximately October 1999. The tax increment pledged to the payment of bonds and interest thereon may be discharged and the Tax Increment Financing District may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. Pursuant to Minnesota Statutes, Section 469.176, Subdivision 6: if, after four years from the date of certification of the original tax capacity of the tax increment financing district pursuant to Minnesota Statutes, Section 469.177, no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment . City of Hutchinson Tax L[crement Financing Plan for Tax Increment Financing District No. t 1 2 -7 • may betaken from that parcel and the original tax capacity of that parcel shall be excluded from the original tax capacity of the tax increment financing district If the authority or the owner of the parcel subsequently commences demolition. rehabilitation or renovation or other site preparation on that parcel including improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authonn shall certify to the county auditor in the annual disclosure report that the acri'vity has commenced. The county auditor shall certify the tax capacity thereof as most recently cer*Wd by the commissioner of revenue and add it to the original tax capacity of the tax incrementfyumcvtg district. The county auditor must enforce the provisions of this subdivision... For purposes i9ffitrs subdivision, qualified improvements are limited to (1) construction or opening of a new street, (2) relocation of a street, and (3) substantial reconstruction or rebuilding of an esis�tng street. The City property owner must improve parcels within District No. 11 by approximately October 2000. Subsection 2 -18. Use of Tax Increment The City hereby determines that it will use 100 percent of the captured net tax capacity of taxable property located in District No. 11 for the following purposes: I . to pay the principal of and interest on bonds used to finance a project; 2. to finance, or otherwise pay the capital and administration costs of the Development District pursuant to the Development District Act 3. to pay for project costs as identified in the budget; 4. to finance, or otherwise pay for other purposes as provided in Section 469.176, Subd. 4, of the Tax Increment Act; • 5. To pay principal and interest on any loans, advances or other payments made to the City or for the benefit of Development District No. 4; 6. To finance or otherwise pay premiums and other costs for insurance, credit enhancement, or other security guaranteeing the payment when due of principal and interest on the Tax Increment Bonds or bonds issued pursuant to the Tax Increment Financing Plan or pursuant to Minnesota Statutes, Chapter 462C and Minnesota Statutes, Sections 469.152 to 469.165, or both; and 7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the Tax Increment Bonds or bonds issued pursuant to Minnesota Statutes, Chapter 462C and Minnesota Statutes, Sections 469.152 to 469.165, or both. These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by Section 469.176, subd. 4, of the TIF Act. Tax increments generated in Tax Increment Financing District No. I 1 will be paid by McLeod County to the City of Hutchinson for the Tax Increment Fund of said District. The City will pay to itself annually an amount not to exceed an amount as received and due to reimburse the costs of land acquisition, public improvements, demolition and relocation, site preparation, and administration. Remaining increment funds will be used for City administration (10 %) . and the costs of public improvement activities outside District No. 11. Subsection 2.19. Notification of Prior Planned Improvements The City shall, after due and diligent search, accompany its request for certification to the County Auditor or its notice of Tax Increment Financing District enlargement with a listing of all properties within the Tax Increment Financing District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the tax increment financing plan by the municipality pursuant to Section 469.175, Subd. 3, of the Tax Increment Financing Act- The County Auditor shall increase the original value of the Tax Increment Financing District by the value of improvements for which a building permit was issued. • City of Hutchinson Tax Increment Finmcing Ptah for Tax Increment Financing District No. 11 2 -9 Pursuant to Minnesota Statutes, Section 469.177, Subdivision 4, the City has reviewed the area to be included in the • District No. 11 and found no parcels for which building permits have been issued during the 18 months immediately preceding approval of the Plan by the City. If the building permit had been issued within the 18 month period preceding approval of the plan by the City,,the county auditor shall increase the original tax capacity of the district by the valuation of the improvements for which'ft building permit was issued. Subsection 2.20. Eaeetms Tax Increments Pursuant to Minnesota`5twes, Section 469.176, Subdivision 2, in any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the tax increment plan, including the amount necessary to cancel any tax levy as Wovideairi Minnesota Statutes, Section 475.61, Subdivision 3, the City shall use the excess amount to do any ofAie foUdwing: prepay the outstanding bonds; 2' discharge the pledge of tax increment therefor; 3. pay into an escrow account dedicated to the payment of such bond; or 4. return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their tax capacity rate as provided in Minnesota Statutes, Section 469.176, Subd. 2. In addition, the City may, subject to the limitation set forth herein (in particular Subsection 2.15), choose to modify the tax increment plan as described in Section II, in order to finance additional public costs of Development District No. 4. Subsection 2 -21. RRe uirements for Agreements with the Developer The City will review any proposal for private development to determine its conformance with the Project Plan and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings, landscaping plan, grading and • storm drainage plan, signage system plan, and any other drawings or narrative deemed necessary by the City to demonstrate the conformance of the development with city plans and ordinances. The City may also use the Agreements to address other issues related to the development. Pursuant to Section 469.176, Subd. 5, of the Tax Increment Financing Act, no more than twenty -five percent (25%), by acreage, of the property to be acquired in the Tax Increment Financing District as set forth in the tax increment financing plan shall at any time be owned by the City as a result of acquisition with the proceeds of bonds issued pursuant to Section 469.178, of the Tax Increment Financing Act, without the City having, prior to acquisition in excess of twenty- five percent (25 %) of the acreage, concluded an agreement for the development or of the property acquired and which provides recourse for the City should the development not be completed. Subsection 2 -22. Assessment Aereements Pursuant to Minnesota Statutes, Section 469.177, Subdivision 8, the City may enter into an agreement in recordable form with the developer of property within the tax increment financing district which establishes a minimum market value of the land and completed improvements for the duration of District No. 11. The assessment agreement shall be presented to the assessor who shall review the plans and specifications for the improvements constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appear, in the judgment of the assessor, to be a reasonable estimate, the assessor may certify the minimum market value agreement. Subsection 2 -23. Administration of Tax Increment Financing District No. I1 Administration of District No. 11 will be handled by the Administrator of the City of Hutchinson. A City of Hutchinson Tax Increment Fnnncing Plan for Tax Increment Financing District No. 11 2 -9 • Subsection 2 -24. Financial Reporting Requirements Pursuant to Minnesota Statutes, Section 469.175, Subdivisions 5, 6, and 6(a); a city must file an annual disclosure report for all tax increment financingdistricts with the State Auditor, the County Board, School Board, and County Auditor. Pursuant to Section 469.175, Subd, 5, of the Tax Increment Financing Act. the City must file an annual disclosure report for the Tax Increment Friwing District. The report shall be filed with the County Board, County Auditor, School Board, and the State Auditoron or before July I of each year. The report to be filed by the City shall include the following information:" -_- 1..: ;i3 "the amount and source of revenue in the tax increment account; 2. the amount and purpose of expenditures from the account; —3_ -_. the amount of any pledge of revenues, including principal and interest, on any outstanding bond indebtedness; 4 the original net tax capacity of the Tax Increment Financing District 5. the captured net tax capacity retained by the City; 6. the captured net tax capacity shared with other taxing districts; 7. the tax increment received; and S. any additional information necessary to demonstrate compliance with the tax increment financing plan. Section 469.175, Subd. 5, of the Tax Increment Financing Act also provides that an annual statement showing the tax increment received an expended in that year, the original value, captured net tax capacity, amount of outstanding bonded indebtedness, the amount of the district's increment paid to other governmental bodies, the amount paid for administrative costs, the sum of increments paid, directly or indirectly, for activities and improvements located outside of the district, and any additional information the City deems necessary shall be published in a newspaper of general circulation in the City. Pursuant to Minnesota Statutes, Section 469.175, Subd. 6, of the Tax Increment Financing Act the City must annually submit to the State Auditor, on or before July 1, a financial report which shall: I. provide for full disclosure of the sources and uses of the public funds in the district; 2. permit comparison and reconciliation with the City's accounts and financial reports; 3. permit auditing of the funds expended on behalf of the tax increment district or that is funded in part or whole through the use of a development account funded with tax increment from other tax increment districts or with public money; and 4. be consistent with generally accepted accounting principles. The financial report must also include the following: 1. the original net tax capacity of the district, 2. the captured net tax capacity of the district, including the amount of any captured net tax capacity shared with other taxing districts; 3. for the reporting period and for the duration of the district the amount budgeted under the tax increment financing plan, and the actual amount expended for, at lest, the following categories: a. acquisition of land and buildings through condemnation or purchase; b. site improvements or preparation costs; C. installation of public utilities, parking facilities, streets, roads, sidewalks, or other similar public improvements; d. administrative costs, including the allocated cost of the city; e. public park facilities, facilities for social, recreational, or conference purposes, or other similar public improvements; and • City of Hutchinson Tar Increment Financing Plan for Tat Increment Financing District No. 11 2 -10 4. for properties sold to developers, the total costs of the property to the authority and the price paid the developers; 5. the amount of increments rebated or paid to developers or property owners for privately financed improvements or other qualifying costs, other than those reported under clause (3), that were issued on behalf of private entities for facilities located in District No. 11. Pursuant to Minnesota Stabrtes, Section 469.175, subdivision 6a, the City must also annually report to the State Auditor before or on July 1 ofeach year the following amounts for the entire City: 1. the total principal amount of nondefeased bonds that are outstanding at the end of the previous 1`calendar year; and the total annual amount of principal and interest payments that are due for the current calendar - year on (I) general obligation tax increment financing bonds and (ii) other tax increment financing bonds. aei :"iach tax increment financing district within the City: 1. the type of tax increment financing district 2. date on which the district is required to be decertified; 3. amount of any payments and the value of in -kind benefits, such as physical improvements and the used of building space, that are financed with revenues derived from increments and are provided to another governmental unit (other than the municipality) during the preceding calendar year; 4. the tax increment revenues for taxes payable in the current calendar year; 5. whether the tax increment financing plan or other governing document permits increment revenues to be expended outside of the tax increment financing district; 6. any additional information that the State Auditor may require. Copies of this report must also be provided to the county and school district boards. Subsection 2 -25. Municipal Approval and Public Purpose The reasons and facts supporting the finds for the adoption of the Tax Increment Financing Plan for District No. 11 as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that the District No. 11 is a redevelopment distract as defined in Minnesota Statutes, Section 469.174. Subdivision 10 ■ District No. 11 is a redevelopment district consisting of 2 parcels. ■ An inventory of the parcels shows that at least 70 percent of the two parcels in District No. I 1 are occupied as defined in the Act. An inspection of the buildings located within District No. 11 finds that at least 50 percent of the buildings are structurally substandard as defined in the Act. (See Appendix E) 2. Finding that the proposed development, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market val ue estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the tax increment plan. Due to the high cost of redevelopment on parcels currently adjacent or near to railroad rights -of -way and the cost of financing the proposed improvements, this project is feasible only through assistance, in part, from tax increment financing. • City of Hutchinson Tax Increment Financing Plan for Tax Increment Financing District No 11 2 -I1 A comparative analysis of estimated market values both with and without establishment of Tax Increment Financing District No. I 1 and the use of tax increments has been performed as described above. Such analysis is contained in Appendix C of the Tax Increment Financing Plan for Tax Increment Financing District No. 1 l and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of Tax Increment Financing District No. I F and the use of tax increments (See Appendix Q. 3. Finding that the Tat Increment Financing Plan for District No. 11 conforms to the general plan for the development o€itcdevelopment of the municipality as a whole. ThG_proposed Tax Increment Financing Plan was reviewed by the Planning Commission The Planning ' Commission found that the Tax Increment Financing Plan conforms to the general development plan of the City. 4 Finding that the Tax Increment Financing Plan for District No. 11 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Development District No. 4 by private _= enterprise. The establishment of District No. 11 will result in increased employment for the State, renovation of substandard properties, and increased tax base of the State. Additional findings are set forth in the Authorizing Resolution of the City. Subsection 2 -26. Other Limitations on the Use of Tax Increment 1. General Limitations All revenue derived from tax increment shall be used in accordance with the tax increment financing plan. The revenues shall be used to finance or otherwise pay public capital and administration costs pursuant to Minnesota Statues, Section 469.124 through 469.134. These revenues shall not be used to circumvent existing levy limit law. No revenues derived from tax increment shall be used for the construction, renovation, operation or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government; this provision shall not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure, a commons area used as a public park or a facility used for social, recreational or conference purposes and not primarily for conducting the business of the municipality. 2. Pooling Limitations At least 75 percent of tax increments from District No. 11 must be expended on activities in District No. 1 I or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not more than 25 percent of said tax increments may be expended, through a development fund or otherwise, on activities outside of District No. l l except to pay, or secure payment of, debt service on credit enhanced bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they were solely for activities outside of District No. 11. 3. Five Year Limitation on Commitment of Tax Increments Tax Increments derived from District No. 11 shall be deemed to have satisfied the 75 percent test set forth in paragraph (2) above only if the five year rule set forth in Minnesota Statutes, Section 469.1763, subdivision 3, has been satisfied; and beginning with the sixth year following certification of District No. 11, 75 percent of said tax increments that remain after expenditures permitted under said five year rule must he used only to pay previously commitment expenditures or credit enhanced bonds as more fully set forth in Minnesota Statutes, Section 469.1763, subdivision 4. 4. Redevelopment District At least 90 percent of the revenues derived from tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation of redevelopment and renewal and renovation districts under Section 469.174. These costs include acquiring properties containing • structurally substandard buildings or improvements, acquiring adjacent parcels necessary to provide a site of City of Hutchinson Tax Increment Financing Plan for Tax Increment Financing District No. 11 2 -12 sufficient size to permit development, demolition of structures. clearing of the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the authority may be included in the oualifvine costs. Subsection 2 -27. Pursuant to Minnesota Su tttes. Section 273.1399, for tax increment financing districts for which certification was requested after Aprih 1990; =a municipality incurs a reduction in state tax increment financing aid (RISTIFA) applied to the municipality s Local =K3ovemment Aids (LGA) first and, Homestead and Agricultural Aid (HACA) second, in an amount equal to a formula based upon the equalized qualifying captured tax capacity (QCTC) of the tax increment financing district.„ -° Pursuant=td Minnesota Statutes, Section 273.1399, Subdivision 6, the City may choose an option to the LGA -HACA penalty. A -Fax increment financing district is exempt from the LGA -HACA reduction if the City elects to make a qualifying -local contribution at the time of approving the tax increment financing plan. To qualify for the exemption in ea* year, the City must make a qualifying local contribution to the project of a certain percentage. The local contribution for a redevelopment district is 5.0 percent. The maximum local contribution for all districts in the City is limited to two percent of the City's net tax capacity. The amount of the local contribution must be made out of unrestricted money of the authority or municipality, such as the general fund, parking funds, a property tax levy, or a federal or a state grand -in -aid which may be spent for general government purposes. The local contribution may not be made, directly or indirectly, with tax increments or developer payments. The local contribution must be used to pay project costs and cannot be used for general government purposes. The City elects to make the annual local contribution to the project to exempt itself from the LGA -HACA penalty. Subsection 2 -28. County Road Costs 0 Pursuant to Minnesota Statutes, Section 469.175, Subdivision la, the county board may require the authority to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will in the judgement of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or other county plan. The improvements outlined in the Plan serve as notice to the county that the development of the residential facilities will be assisted with tax increment. In the opinion of the Authority and consultants, the proposed development will have little or no impact upon county roads. If the county elects to use increments to improve county roads, it must notify the Authority within thirty days of receipt of this plan. Subsection 2 -29. Economic Development and .lob Creation To the extent applicable, the City agrees to comply with Minnesota Statutes, Section 1161991, which states that a business receiving state or local government assistance for economic development or job growth purposes, including tax increment financing, must create a net increase in jobs and meet wage level goals in Minnesota within two years of receiving assistance (See Appendix D). Subsection 2.30. Summary The City of Hutchinson is establishing Tax Increment Financing District No. 1 I to preserve and enhance the tax base, redevelopment substandard areas, and increase employment of the City. The Tax Increment Financing Plan for Tax Increment Financing District No. 11 was prepared by Ehlers and Associates, Inc., 2950 Norwest Center, 90 South Seventh Street, Minneapolis, Minnesota 55402 -4100, telephone (612) 339 -8291. 7J City of Hutchinson Tax Increment Financing Plan for Tax Increment Financing District No. 11 2 -13 0 0 • APPENDIX APPENDIX A BOUNDARY MAP OF DEVELOPMENT DISTRICT NO. 4 AND TAX INCREMENT FINANCING DISTRICT NO, I 1 A -1 Proposed Tax Incremefinancing District No. 11 • and Development District No. 4. 6 1611 �iI k. ell City of Hutchinson McLeod County State of Minnesota TAX INCREMENT DISTRICT N❑, 11 i APPENDIX B LEGAL DESCRIPTION OF PROPERTY TO BE INCLUDED IN TAX INCREMENT FINANCING DISTRICT NO. I 1 COUNTY PIN ='t, PID ADDRESS LEGAL DESCRIPTION 23.056.3560 13 46 Main Street N.W. N 2/3 of Lot 1, Block 50, N Ih City 23.056.3740 3st -29 -14 -0650 36 First Avenue N.W. E �i Lot 10, Block 50, N I/z City • r, APPENDIX B -1 APPENDIX C CASH FLOW FOR TAX INCREMENT FINANCING DISTRICT NO. I I 0 • • APPENDIX C -1 10/16/96 City of Hutchinson - TI District No. 11 Page • City of Hutchinson Assessment Schedule - 15 Years $25,000 Special Assessment Inputs : Assessment 25,000 1 st Year 1997 Years 15 Interest Rate 7.00% Annual Principal Year Principal Interest Payment Oustandina 1997 1,666.00 1,750.00 3,416.00 23,334 1998 1,666.00 1,633.38 3,299.38 21,668 1999 1,666.00 1,516.76 3,182.76 20,002 2000 1,666.00 1,400.14 3,066.14 18,336 2001 1,666.00 1,283.52 2,949.52 16,670 • 2002 1,666.00 1,166.90 2,832.90 15,004 2003 1,666.00 1,050.28 2,716.28 13,338 2004 1,666.00 933.66 2,599.66 11,672 2005 1,666.00 817.04 2,483.04 10,006 2006 1,666.00 700.42 2,366.42 8,340 2007 1,666.00 583.80 2,249.80 6,674 2008 1,666.00 467.18 2,133.18 5,008 2009 1,666.00 350.56 2,016.56 3,342 2010 1,666.00 233.94 1,899.94 1,676 2011 1,676.00 117.32 1,793.32 0 TOTAL 25,000.00 14,004.90 39,004.90 L J Prepared by Ehlers and Associates 10116,96 alb' d n4mYr... TF DY9N W. 11 P. aty of Habakhaw . TM Ir,nlnrnt CW1 Ploln Bond m ;600 u. D61ry Owwl T.I.F. CASH FLOW ASSUMPTIONS Bw Pr*0 T. • e"ral )ib: 262216 F .rtM Yw(30 VBYa RM_ 5-000% T. E Ta tlwbn HiY: 1 A2J70 QDS Yn M. Yr. 00 0801 21669411 ]1- 117 - 2614-010 100% 21653740 ]1- 117 - 26140560 100E LA Ta Pr. b F1.1 110.097 d.Le. 3.00% CA Ta HaY b mva awr 1190,00 d r6Y� . 400% T1p.d Td41 TsP Togo I . T. T. s14rg1 L>W DN lA. 30.F. §%F Catle I1W VV P.v.W Dry 2500 3.50 km Olin .rf1.V 167,900 1996 logo TAX INCREMENT CASH FLOW PEFpDffdMlaAB Yn W Yr. Bw Pr*0 T. C,pe4.6 T. O T. Bvwls. D.dwb.• 0.10% WIT. ,MIT. VW. "T. L0 1919 800% QDS Yn M. 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W 0504 Ta Ms1ae n 19 rw LIMY n Dsv wean TF 5 DWa..io wig F- ) L Pn0. b,EN. 64.Wa 10116'96 City of HuPtl1iO4ac - TIF Diabip No. 11 Page • city of Huwkkksm Debt Urvks Cash Flows Bsasd 410 2,500 st Dairy Qu Paalrtr 0 AOysrty $70,000 471y � 3571500 0 als4t era m CRY Pry W 2.622% sp�fta 325.0130 t6samspo ,UUwr,t 7% MLAnnrl PERIOD ENDING NOT. Ym mm. Yr. I� sptl Aa...n.q Taal (A66LMY7 WCRV 9Petaa P1fr)m boumraa4 mProp" NJl. bpy OPEC Acq a. A4larta4 B4lalra 11f Ury BPYrO A441aursl clq Pat APaatl 04st Q arlw Nroly OPlt Plus brrsPt Pa W BrinesrPP chy AtlYaea Awlaea lal Clq MAYL 6slalam ory AGVaa4 0.0 02.01 1997 0 0 0 2,034 (2,034) 59,534 57,500 2,034 780 60,314 0 0 60,314 0.0 08-01 1997 0 1,708 1,708 4,877 (3,159) 62,702 80,314 3,169 832 64,315 0 0 64,315 0.0 02.01 1996 0 1,708 1,708 4,877 (3,169) 65,871 64,315 3,169 885 68388 0 0 66,386 0.0 08-01 1998 0 1,650 1,650 4,877 (3,227) 89,098 68,368 3,227 939 72,534 0 0 72,534 0.0 02 -01 1999 0 1,660 1,650 4,077 (3,227) 72,325 72,534 3,227 993 76,753 0 0 76,753 0.5 08-01 1999 3,226 1,591 4,817 4,877 (69) 72,384 76,753 59 1,007 77,820 0 0 77,820 1.0 02 -01 2000 3,726 1,591 4,817 4,877 (59) 72,443 77,820 59 1,021 78,900 0 0 78,900 1S DB01 2000 3,226 1,533 4,769 4,877 (117) 72.661 78,900 117 1,036 80,053 0 0 80,053 2.0 02 -01 2001 3,228 1,533 4,759 4,877 (117) 72,678 80,053 117 1,051 81,221 0 0 81,221 2.5 08-01 2001 3,226 1,475 4,701 4,877 (176) 72,854 81,221 176 1,067 82,464 0 0 82,464 3.0 02 -01 2002 3,226 1,475 4,701 4,877 (176) 73,030 82,464 176 1,083 03,723 0 0 61723 3.5 08-01 2002 3226 1,416 4,642 4,877 (234) 73,264 83,723 234 1,101 85,058 0 0 85,056 4.0 02 -01 2003 3,226 1,416 4,642 4,877 (234) 73,498 85,058 234 1,118 88,410 0 0 86,410 4.5 0801 2003 3,228 1,368 4,684 4,077 (292) 73,790 86,410 292 1,137 87,M9 0 0 87,839 5.0 02 -01 2004 3,226 1,358 4,584 4,877 (292) 74,083 87,839 292 1,155 89,287 0 0 89,287 5.5 08-01 2004 3,226 1,300 4,526 4,877 (351) 74,433 89,287 351 1,175 90,812 0 0 90,812 6.0 02 -01 2005 3,226 1,300 4,526 4,077 (361) 74,784 90,812 351 1,195 92,350 0 0 92,358 6.5 0801 2005 3226 1,242 4,466 4,877 (409) 75,193 92,358 409 1,216 93,983 0 0 93,983 7.0 02 -01 2006 3226 1,242 4,468 4,077 (409) 75,002 93,983 409 1,237 95,630 0 0 95,630 7.5 08-01 2008 3226 1,183 4,409 4,077 (467) M70 95,630 467 1,260 97,357 0 0 97,357 8.0 02 -01 2007 3226 1,183 4,409 3,251 1,166 74,911 97,357 0 1,276 98,633 1,158 0 97,475 BS 08-01 2007 3226 1,125 4,361 0 4,361 70,560 97,475 0 1,278 98.752 4,361 0 94,401 9.0 02 -01 2008 3226 1,125 4,351 0 4,361 66,210 94,401 0 1,237 96,639 4,351 0 91,280 9S 0801 2008 3226 1,087 4,293 0 4293 61,917 91,288 0 1,197 92,485 4,293 0 86,192 10.0 02 -01 2009 3.226 1,067 4,293 0 4,289 57,624 88,192 0 1,156 89,348 4,293 0 85,056 105 08-01 2009 3228 1,008 4,234 0 4,234 5$390 85,056 0 1,115 M170 4,234 0 81,936 11.0 02 -01 2010 3228 1,008 4,234 0 4.234 49,158 81,936 0 1,074 93,010 4,234 0 78,776 11.5 08-01 2010 3226 950 4,176 0 4,176 44,980 78.776 0 1,033 79,809 4,176 0 75,613 12.0 02 -01 2011 3.226 950 4,176 0 4,176 40,604 75.633 0 991 76,624 4,176 0 72,448 12.5 130 00-01 02 -01 2011 2012 3.226 3226 897 897 4,123 4,123 0 0 4,123 4,123 36,681 32,659 72,448 69,275 0 0 950 908 73,398 70,183 4,123 4,123 0 0 60275 66,087 13-5 08-01 2012 3,226 0 3,226 0 3226 29,333 66,061 0 888 60927 3,220 0 63,701 14.0 02 -01 2013 3.226 0 3,226 0 3,226 26,107 63,701 0 836 64,538 3,226 0 61,310 14.5 08-01 2013 3226 0 3228 0 3226 22,881 61,310 0 804 82,113 3,226 0 68,887 15.0 02 -01 2014 3226 0 3228 0 3258 19,665 58,887 0 772 59,659 3,226 0 66,433 15.5 08-01 2014 3226 0 1226 0 3226 16429 56,433 0 740 57,173 3,226 0 63,947 16.0 02 -01 2016 3228 0 3,226 0 3,226 13,203 63,947 0 707 54,864 3,226 0 51,428 16.5 08-01 2015 3,226 0 3,226 0 3228 9,977 51,428 0 674 52,102 3,226 0 48,876 17.0 02 -01 2016 3226 0 3220 0 3226 6,751 48,876 0 641 49,517 3,226 0 46,291 175 08-01 2016 . 0 3,226 0 3,226 3,525 46,291 0 607 46,098 3,226 0 43,672 18.0 02 -01 2017 3,226 0 3,226 0 3,326 299 43,672 0 572 44,244 3,226 0 41,018 18.5 0801 2017 3226 0 3,228 0 322a 0 41,018 0 538 41,656 1226 0 38,330 19.0 02 -01 2018 1226 0 3,226 0 3,226 0 38,330 0 502 38,832 3,226 0 35,608 19.5 0801 2018 3,226 0 3,226 0 3226 0 36,606 0 467 38,073 3,226 0 32,047 20.0 02.01 2019 3226 0 3220 0 3,226 0 32,847 0 431 33278 3,226 0 30,062 20.6 08-01 2019 3,226 0 3228 0 3,726 0 30,062 0 394 30445 3,226 0 27,219 21.0 02.01 2020 3226 0 3,226 0 3,226 0 27,219 0 367 27,576 3,226 0 24,350 21.5 08-01 2020 3,220 0 3.226 0 3226 0 24,350 0 319 24,660 3,226 0 21,443 22.0 02 -01 2021 3,226 0 3,226 0 3,716 0 21,443 0 281 21,725 3,226 0 18,499 22.5 08-01 2021 3226 0 3,226 0 3,228 0 18,499 0 242 18,741 3,226 0 15.516 23.0 02.01 2022 3226 0 3.226 0 3,226 0 15,515 0 203 15,718 3,226 0 12,492 23.6 0B -01 2022 3,226 0 3,220 0 3,225 0 12,492 0 164 12,866 3228 0 9,430 24.0 02 -01 2023 3226 0 3.226 0 3,226 0 9,430 0 124 9,654 3226 0 6,328 24.5 08-01 2023 3.226 0 3226 0 3,228 0 6,328 0 83 6,411 3226 0 3,185 25.0 02 -01 2024 3226 0 3,226 0 3,226 0 3,185 0 42 3,226 3,228 -0 0 • Prepared by Ettera and Associates APPENDIX D 0 • APPENDIX D -1 MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT • ^ fin: 500 Metro Square 121 7th Plan East Saint Paul, Minnesota 55101 -2146 USA "�•• Pd- ..... To all Minnesota government agencies: Minnesota laws 1995 Chapter 224, Section 58 (authored by Representative Karen Clark and Senator John Houinger) requires a business receiving state or local government assistance as of July 1, 1995 to create a net increase in jobs in Minnesota within two years of receiving assistance and meet wage level andjob creation goals established by the funding agency. Businesses not meeting these conditions must repay the assistance at the terms negotiated by the business and the government agency administering the assistance. Each government agency is mandated to annually report wage and job goals and actual progress toward those goals for each business receiving assistance to the Minnesota Department of Trade and Economic Development (DTED). The law does not stipulate what those goals should be, but does require goals to be established by the government agency for each individual project "Business assistance" refers to any business activity within a tax increment financing district and any business grant or business loan using state or local dollars in excess of $25,000. While not defined in the legislation, our assumption is that this would include grants, loans, interest subsidies, tax increment financing (fIF), or any public monies directly benefiting a business and given for economic development or job growth purposes. • In order to simplify data collection, please use the Minnesota Business Assistance Form (reverse side). The form should be completed by each government entity administering the assistance for each business receiving assistance. All financial assistance provided to business after July 1, 1995 must be reported These forms must be submitted to DTED by March I of each year for the previous calendar year. Wage level and job creation goals must be documented until project goals are achieved d Javak Commissioner Minnesota Laws 1995 Chapter 224, Section 58 (M.S.116J•991): A business that receives state or local government assistance for economic development or iob growth purooses must create a net increase in iobs in Minnesota within two years of receiving the assistance. The govertm cat agency providing the assistance must establish wage level and job creation goals to be met by the business receiving the assistance A business that Us to meet the goals mast repay the assistance to the government agency. Eac government agency must report the wage and iob goals and the results for each proiect in achieving those goals to the department of trade and economic development. The department shall comoile and publish the results of the reports for the previous calendar year by June I of each year. The reports of the agencies to the department and the corinilation report of the department shall be made available to the public. • For the purposes of this section. " assistance" means a grant or loan in excess of $25.000, or tax incement finaming (612) 297 -1291 (600)657 -385b M/TDD (612) 262.6142 An Fgwt Opportunity Employer FAX (612) 296 -1290 of�� 4. `. • �1r � I ili ��• Minnesota Business Assistance Form* oC Minnesota Department of Trade and Economic Development Please type or print In dark ink. 1. Finding government agency name 11. Date business received assistance 2. Agency street address 13. Hourly wage level goals for business receiving assistance 3. City 4. Zip Code 5. Phone number (area code) 6. Fax number (area code) 7. Contact name 8. Type of government agency _City _County _Regional _State Other (Please indicate) 9. Name of TIF district (if applicable) 10. Name of business receiving assistance 11. Date business received assistance 12 Job creation goals for business receiving assistance 13. Hourly wage level goals for business receiving assistance 14. Actual jobs created since business received assistance 15. Actual average hourly wage paid to employees hired since busuiets -=ved asaaanc e 16. Last date actual wage and job creation levels documented • Please complete one form for each business project your agency assisted with $25, 000 or more in public funds. Please send completed form annually by March 1 to: Mmmota Business Assistance Form Minnesota Dep arrnvnr of Trade and Economic Development 500 Metro Square 121 East 7th Place SL Paul, Minnesota 55101 or fax report to: (612) 296.1790 For information, call: (612) 297 -1291 or 1-800-657-3858 fe \� • • APPENDIX E REDEVELOPMENT QUALIFICATIONS FOR TAX INCREMENT FINANCING DISTRICT NO. 1 I • APPENDIX E -1 L HUTCHINSON CLASSIFICATION DETERMINATION THE EAST' /, LOT 10, NORTH Y, CITY BLOCK 050 AND NORTH 2/3 OF LOT 1, BLOCK 50, NORTH Vz CITY August 28, 1996 In order to establish a "Redevelopment District', we have documented the following findings as a tool to analyze if the following (3) criteria have been met. A. Parcels consisting of 70% of the area are occupied by buildings, streets, utilities or other improvements. B. More than 50% of the buildings in the area are "structurally substandard" to a degree requiring substantial renovation or clearance. C. A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs, or other similar reliable evidence. If the evidence supports a reasonable conclusion that the building is not disqualified as structurally substandard, the municipality may make such a determination without an interior inspection or an independent, expert appraisal of the cost of repair and rehabilitation of the building. Inspection Findings: Item A The land is predominantly occupied by buildings, streets, utilities, and other improvements on more lho 70% of the area, to a degree requiring substantial renovation or clearance. Inspection Findings: Items B & C All are substantiated by the criteria defined on individual reports of structures inspected, and in general by the original construction date. i As indicated by findings on each report and by the age of each individual structure, the buildings were constructed prior to enforcement of the standards outlined by the Uniform Building Code. City Center Parks & Recreation Police Services • 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -1522 Hutchinson, MN 55350.3097 Hutchinson, MN 55350.2464 (320) 587.5151 (320) 587 -1975 (320) 587.2242 Fax (320) 234.4240 Fax (320) 2344240 Fax (320) 587.6427 Printed on recycled paper - C� Page 2 Hutchinson Classification Determination August 28, 1996 In general, the 50% criteria requirement is easily attainable in comparison to present day codes because: 1. Energy code compliance is substandard. 2. Substandard electrical service and wiring to many of the buildings, when compared to present day code. 3. Substandard plumbing, both water and waste and vent. Example: Water lines were soldered with solder containing 50% lead. Waste and vent lines consist of "S" traps with no vents other than the 3" stack. Siphon legs and decayed leadedjoints. Flat vents, and substandard traps are common. 4. Substandard attic and bathroom ventilation. 5. The facilities lack adequate handicap provisions, handicap bathrooms, off street parking, exit and emergency lighting, etc. • 6. Reroofing improvements including fascia and soffit repairs, and ventilation. In conclusion attached are copies of the individual assessor's valuation reports. By comparison to present day building valuation data and in consideration of the inspection findings (attached) it is my opinion, the Hutchinson City Council may reasonably consider the proposed "Redevelopment District" qualified as defined in criteria A thru C. James G. Marka Director of Planning/Zoning & Building City of Hutchinson cc: Gary Plotz, City Administrator Barry Anderson, City Attorney Dick Lennes, HCDC File 0 TAX INCREMENT FINANCING INSPECTIO R DATE: August 29, 1996 ADDRESS: Dairy Queen Brazier 46 Main St N. Hutchinson, MN 55350 STRUCTURALLY SUBSTANDARD: See•comments below PROPERTY DESCRIPTION COUNTY PIN: 23.056 -3560 P.I. D: 31- 117 -29 -14 -0480 OWNER: D F D Businesses USE: Fast Food Restaw LEGAL: N 2/3 of Lot 1, Block 50, N '/2 City STRUCTURAL: Roof framing not designed to carry roof top units. Walls, foundations, attics, non - compliant with energy code. Inadequate roof/attic ventilation. DEFICIENCIES IN ESSENTIAL UTILITIES: Non - compliant baci flow protection, S- traps, siphon legs, non - compliant clearances. WATER: Not handicap compliant. Water lines soldered with solder containing 50% lead. HEATING: No volume control dampers on supply air, insufficient makeup air to kitchen hood ventilators ELECTRIC: (2) 100 arnp services - No G.F.I's LIGHT & VENTILATION: Inadequate makeup air for kitchen hood ventilation EGRESS /ACCESS: Front doors swing over right -of -way. LAYOUT & CONDITION OF INTERIOR PARTITIONS: Insufticient clearances (less than 36 ") at work locations 7 • 0 • TAX INCREMENT FINANCING INSPECTION REPORT DATE: September 3, 1996 ADDRESS: Two Way Communications 3 6- 1 st Ave. NW Hutchinson, MN 55350 STRUCTURALLY SUBSTANDARD: See report below PROPERTY DESCRIPTION COUNTY PIN: 23- 056 -3740 P.I.D: 31- 117 -29 -14 -0650 OWNER: Leonard & Doris Johnson USE: Commercial Business SIR AL External block walls indicate some settlement via crack] ines- especially at front foyer. Roof and attic has no soffit or roof ventilation. Exterior walls, foundation and attic are noncompliant with present day energy code requirements. Shingles are beginning to curl as a result of inadequate ventilation. WATER/SEWER: Water lines soldered with solder containing 50% lead. Waste lines have "S" traps and siphon legs. No pipe in T & P valve on water heater. No vacuum breakers on outside sill faucets. HEATING: Class "B" & "C" chimneys in garage have insufficient pitch. No combustion air to fuel fired appliances. ELECTRIC: No GFi's lots of extension cords used as permanent wiring - 100 amp electrical service panels on fuses. LIGHT & VENTILATION: No bath ventilation FIRE PROTECTION - FIRE CODE: No firewall separation between garage and office - no fire dampers EGRESS /ACCESS: Handicap accommodations at access and bathrooms noncompliant LAYOUT & CONDITION OF INTERIOR PARTITIONS: LEGAL: E %z Lot 10, Block 50, N V2 City . Foyer not deep enough (T -0 ") for handicap access. Building was constructed prior to energy codes and handicap requirements - This is noncompliant Cf]MMFAf Al A V� _ 0 LtUN a & VORIS JOHWSON .,! i c = MNIT 10 N 1/2 CITY ... ' ■ - -- ��- wo II ■.�f ' /[ [/.�G �I•n�- � MCE=^- ■P1:CL*: T1T7■� riFl�fFEfE�F�' 7 m ��r �/ Rc�'I.'1 -� M M MM m PS'�'r� // � 4! rI■■■SMMEMP27��Ti Nun MOM■ORLMM .. �� •• �■��ensrc�s�� MM MMMMIFWTMUFWWMM�� fir :gr� ■�J5■3L•ff.��.it�. E"�- +� �Tt.- � -�.�r' ' ® ® ®�i�7ig€FSa�i�� R�17!'! �■■ F![ 1! ��FS •11!7�FCT.'!�� ME V� Tri-County Water • 0 0 -71)b MMM(Kcl l MI) wwsllwi SUN DM0 A SAL A00MSS, DESCRIPTION Of PRINCIPAL STRUCTURE T9S1 IgYS H.O LL �r• JAAO[_�MD 01 SNNNS 1 M. Nlli 7 CMSI CAST_ 015ERwD NNlSICAI COSONMRE 0001_ •01[14 G TAIL_ FM— [ITl<IM AGE: IMI[ 11_ TIAAS SUPPLEMENTAL UUORNIATION [nun AOOIiANb u L I" .a w u 41 Awls w L1 Si - Ni J aA.wl f w d.l ar wxr SIRUCIURAL VALUE COMPUTAIRONS F n�Dh B. snucrullES OMAIARIOq ro,. ..111. '•• • •- „','^„ y „ „' PIWIIMI S U1CTDAE D ,•, x TAO 713 3 1 e- ) S2 lul C%W(S ItIpt cost x Sl,w l x M " s A.rwp x ON I... ..K ON . y x I.Ib W /�19 11Nw1 x tOTU nu ;WADES - AM . .1.1.1 . 7 EEn1aDA Annul VA" Mwlo"MIMS 64.cs1'(Df I I 4 9'eeD1 $'7 'M 1 r7 OTMN AAIDIRCS 19__ folk MASIET m11 01 StMKTLAES S j02 BUILDING DIAGRAMS AND LOCATION DATA maw 10 MAE M10 son DIYENIOM 0 C October 21, 1996 TO: Barry Anderson FROM: Larry Huhn RE: Nemitz Lease Dear Barry: • I have reviewed the legal description given to you by Mr. McGraw and find it in error. According to our records Mr. Nemitz owns the South 4 feet of the West 62.7 feet of Lot 7 and the West 62.7 feet of Lot 6, in Block 8. I spoke with Mr. McGraw earlier today and explained how the description on the original lease (dated February 28, 1986) is correct for the property in use by the City parking lot. Please let me know if you need any additional information. Very truly yours{ /�_ Lar Huhn cc: Gary Plotz John Rodeberg LJ City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (320) 587 -5151 ' Fax (320) 2344240 Parks & Recreation 900 Harrington Street S W Hutchinson, MN 55350 -3097 (320) 587 -2975 Fax (320) 234.4240 Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (320) 587.2141 9 -71 Fax (320) 587.6427 - Printed on recycled paper - 0 • ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP DAVID B. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE ** JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS. III 'ALSO ADM I T Teo IN TEMAy AND NC TORK Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON October 9, 1996 Re: Nemitz Lease Our File No. 3188 -96333 Dear Gary: OC f „ -1996 OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN TERRI A. BLOMFELT S881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545 -1793 FAX (612)542 -9210 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 1612) 389-2214 FAX IS 121 389 -5506 I am enclosing herewith a copy of correspondence from R. J. McGraw dated September 30, 1996 and I am also passing along to you a copy of the lease which will need City Council approval. Please place this matter on the City Council agenda for the last meeting in October along with a copy of my correspondence. There was an issue regarding whether or not the legal description was correct and in McGraw's opinion the wrong legal description has been used for a number of years. He provided what he felt was the correct description and I have no particular reason to argue with him. I suggested to John that we might want to have the City take a look at that legal description and I presume that will be done by the time we meet on the fourth Tuesday in October. Once the lease has been approved by the City, then McGraw's client can sign off on it and this matter will be concluded. i I was not City Attorney at the time the original lease was negotiated in 1986, but it is my understanding that this particular lease covers property that the City has improved and is in use as a parking lot. It is to the City's benefit to enter into a lease with Mr. Benjamin which will protect him from any claim that he has given up any property rights ultimately. Otherwise, the City could argue that they are somehow acquiring a permanent interest in the real estate and as Mr. McGraw has pointed out a lease will preserve his interest in the property even though he has very generously agreed not to charge the City any rent. ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 (320) 587 -7575 FAX (320) 587 -4096 CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary D. Plotz • October 9, 1996 Page 2 I don't know much more about this transaction and if anyone requires further or more expanded history, they should contact either Ron or yourself. Best personal regards. Very truly yours, �, OLD, ANDERSON & DOVE, P.L.L.P. G. Barr Anderson GBA:lm • • • AMENDMENT TO LEASE THIS AMENDMENT TO LEASE is made and entered into this _ day of October, 1996 by and between Arthur Benjamin, Jr., a single person (Benjamin) and the City of Hutchinson, a Minnesota municipal corporation (Hutchinson). RECITALS: 1. Benjamin is the owner of certain real property located in the County of McLeod, State of Minnesota, legally described as follows: The south 4 feet of West 62.7 feet of Lot 7 and North 5 feet of West 62.7 feet of Lot 6, all in Block 8, South Half, City of Hutchinson. 2. Hutchinson leased from Benjamin the above described real • property for a ten year term pursuant to a written lease by and between the parties dated February 28, 1986, a true and correct copy of which is attached hereto, marked as Exhibit " A " and incorporated as if fully set out herein; 3. The parties hereto desire to extend said lease for an additional five year term and have entered into this written amendment to said lease to memorialize the terms and conditions of said extension. NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties do stipulate and agree as follows: 1. EXTENSION. The lease entered into by and between the parties dated February 28, 1986 is hereby extended to December 31, • _1_ 2001. 2. DELETION OF PAYBACK REOUIREMENT. Both parties acknowledge that the prior obligation of Benjamin to pay to Hutchinson the sum of One Thousand Two Hundred and no /100 Dollars ($1,200.00) if the lease is terminated earlier than December 31, 2001 shall no longer be considered a term and condition of the lease and is hereby deleted from the agreement by and between the parties. 3. TERMS AND CONDITIONS. In all other respects the terms and conditions of the original lease dated February 28, 1986 shall continue in full force and effect as if the same were duly set out in this Amendment to Lease. IN WITNESS WHEREOF, the parties hereto have set their hands in 0 the year and date first above written. G.F. NEMITZ' SONS PAINT • WALLPAPER & GLASS By: Arthur J. Benjamin, Jr. CITY OF HUTCHINSON By: Marlin Torgerson, Mayor Attest: Gary D. Plotz City Administrator STATE OF MINNESOTA) ) SS. COUNTY OF MCLEOD ) On this day of September, 1996, before me a Notary Public, personally appeared Arthur J. Benjamin, Jr., the of G.F. Nemitz' Sons Paint Wallpaper & Glass and acknowledge that he executed the above on behalf of G.F. Nemitz' Sons Paint Wallpaper & Glass. Notary Public • -2- • STATE OF MINNESOTA) ) SS. COUNTY OF McLEOD ) On this day of September, 1996, before me a Notary Public personally appeared Marlin Torgerson and Gary D. Plotz, Mayor and City Administrator for the City of Hutchinson, a Minnesota municipal corporation and acknowledge that they executed the above on behalf of the municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: G. Barry Anderson ARNOLD, ANDERSON & DOVE, PLLP 101 Park Place Hutchinson, Mn. 55350 Telephone (320) 587 -7575 Attorney I.D. No. 196X • 11 PURCHASE AGREEMENT • THIS PURCHASE AGREEMENT is made and entered into this 2nd day of October, 1996 by and between Leonard G. Johnson and Doris M. Johnson, husband and wife, Sellers and the City of Hutchinson, a Minnesota municipal corporation, Buyer. RECITALS: 1. Leonard G. Johnson and Doris M. Johnson are the fee owners of certain real estate located at 36 First Avenue N.W., Hutchinson, Mn. 55350, legally described as follows: The East Half of Lot Ten (10) , Block Fifty (50) , North Half of City of Hutchinson. 2. The City of Hutchinson, a Minnesota municipal corporation, desires to purchase the above described property for redevelopment purposes and Sellers are willing to sell said property to the City of Hutchinson based on the terms and conditions set forth in this Purchase Agreement. 3. The parties hereto have entered into this written purchase agreement to memorialize this transaction. NOW THEREFORE, for good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the parties do • agree as follows: 1. OFFER AND ACCEPTANCE. Sellers offer to sell and Buyer agrees to purchase the above described real estate located in the County of McLeod and State of Minnesota. Sellers may remove any personal property or fixtures from the property so long as the structural integrity of the buildings located on the above described real estate is maintained. Any fixtures or personal property remaining on the premises after March 31, 1997, shall be the property of the Buyer and the Buyer shall be entitled to dispose of said property in whatever manner it sees fit. 2. PRICE AND TERMS. The price for the real and personal property included in this sale is Eighty Thousand and no /100 Dollars ($80,000.00). which shall be paid in the following manner: $500.00 earnest money, the receipt and sufficiency of which is hereby acknowledged by Sellers; $9,500.00 down payment to be paid on the date of closing; $70,000.00 in the form of a Promissory Note with interest due thereon at the rate of 7% per annum, payable in equal monthly installments of $812.76, commencing on the first day of January, 1997 and on the first day of each and every month thereafter until the 31st day of December, 2006, when the entire unpaid principal balance along with all accrued interest shall be due and payable in full. Interest shall run from date of closing. Payments shall be credited first to interest and remainder to principal. NO PREPAYMENT OF THIS CONTRACT MAY OCCUR WITHOUT THE WRITTEN CONSENT OF THE SELLERS OR THEIR SUCCESSORS OR ASSIGNS. 3. DEED AND MARKETABLE TITLE. Sellers shall execute and deliver a general warranty deed, joined in by spouses and other parties holding an interest in the title to the above described property, conveying marketable title, subject to: a. Building and zoning laws, ordinances, state and federal regulations; b. Restrictions relating to use or improvement of the property without effective forfeiture provisions; C. Reservation of any mineral rights by the State of Minnesota; d. Utility and drainage easements which do not interfere with existing improvements; q. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS Real estate taxes due and payable in calendar years 1996 shall be pro rated to the date of closing. Buyer shall pay all real estate taxes in 1997 and subsequent years. Sellers shall be responsible for all special assessments levied or pending as of October 2, 1996. Buyer shall be responsible for assessments for any new projects which assessments are levied in 1997 or subsequent years. 5. SELLERS' BOUNDARY LINE ACCESS RESTRICTIONS AN LIEN • WARRANTIES. Sellers warrant that buildings, if any, are entirely within the boundary lines of the property. Sellers warrant that there is a right of access to the real property from a public right of way. Sellers warrant that there have been no labor or material furnished to the property for which payment has not been made. Sellers warrant that there are no present violations of any restrictions relating to the use or improvements of the property. These warranties shall survive the delivery of the deed. 6. CONDITION OF PROPERTY. Sellers know of no hazardous substance or petroleum products having been placed, stored or released from the property by any person in violation of any law nor of any underground storage tanks having been located on the property at any time. Sellers understand that Buyer's obligation to complete this purchase agreement is contingent upon the absence of any hazardous substance or petroleum products and that Buyer may, at Buyer's sole option, withdraw from this purchase agreement if any such substances are present on the premises. Sellers' warranties and representations contain in this paragraph shall survive the delivery of the deed. The property is sold AS IS with no express or implied representation or warranties by Sellers as to physical conditions, quality of construction, workmanship or fitness for a particular purposes. 7. NOTICE DISCLOSURE. Sellers have not received any notice from any governmental authority as to the violation of any law, ordinance or regulation affecting the property. If the property is subject to restrictive covenants, Sellers have not received any -2- 0 notice from any person as to a breach of the covenants. 8. POSSESSION. Sellers shall deliver possession of the property not later than January 1, 1997. Seller shall be responsible for properly terminating any leasehold interests presently encumbering the property. Sellers shall continue to maintain the property in compliance with all health, fire and safety codes.until Buyer is entitled to possession. 9. EXAMINATION OF TITLE. Within a reasonable time after the acceptance of this agreement, Sellers shall furnish Buyer with an Abstract of Title or a Registered Property Abstract certified to date including proper searches covering bankruptcies and State and Federal judgments, liens and levied and pending special assessments. Buyer shall have ten (10) business days after receipt of the Abstract of Title or Registered Property Abstract either to have Buyer's attorney examine the title and provide Sellers with written objections or, at Buyer's own expense, to make an application for a Title Insurance Policy and notify Sellers of the application. Buyer shall have ten (10) business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written objections. Buyer shall be deemed to have waived any title objection not made within the ten (10) day period, except that this shall not operate as a waiver of Sellers' • covenant to deliver a statutory warranty deed, unless a warranty deed is not specified above. 10. TITLE CORRECTIONS AND REMEDIES. Sellers shall have 120 days from receipt of buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Sellers shall, within ten (10) business days, notify Buyer of Sellers' intentions to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Sellers shall be reasonable, diligent and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. a. If notice is given and Sellers make title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. b. If notice is given and Sellers proceed in good faith to make title marketable but the 120 day period expires without title being made marketable, Buyer may declare • this agreement void by notice to Sellers, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. C. If Sellers do not give notice of intention to make title marketable, or if notice is given but the 120 day period -3- expires without title being made marketable due to Sellers' failure to proceed in good faith, Buyer may seek, as permitted by law, one or more of the following: 1. Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: (a) seek damages, costs and reasonable attorneys' fees from Seller as permitted by law (damages under this subparagraph (a) shall be limited to the costs of curing objections to title, and consequential damages are excluded); or (b) undertake proceedings to correct the objections to title; 2. Rescission of this purchase agreement by notice as provided herein, in which case the purchase agreement-shall be void and all earnest money paid hereunder shall be refunded to Buyer; 3. Damages from Sellers together with costs and reasonable attorneys' fees as permitted by law; 4. Specific performance within six months after such right of action arises. d. If title is marketable, or is made marketable as provided • herein, and Buyer defaults in any of the agreements herein, Sellers may elect either of the following options, as permitted by law: 1. Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; 2. Seek specific performance of this agreement within six months after such right of action arises, including costs and reasonable attorneys' fees, as permitted by law. e. If title is marketable, or is made marketable as provided herein, and Sellers default in any of the agreements herein, Buyer may, as permitted by law: 1. Seek damages from Sellers including costs and reasonable attorneys' fees; 2. Seek specific performance within six months after such right of action arises. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS AGREEMENT. 11. DATE OF CLOSING. The parties agree to cooperate in n U -4- 0 0 scheduling the closing of the transaction. This transaction shall close on or before January 1, 1997. If the closing occurs prior to January 1, 1997, Sellers shall retain all rent due and payable in 1996. 12. CONTINGENCIES. Buyer's performance under this Purchase Agreement shall be contingent upon the proper qualification of said property for increment financing under Minnesota Statutes. If Buyer, at Buyer's sole discretion, determines that the subject property is not eligible for tax increment financing, this Purchase Agreement shall be null and void and shall be of no further force and effect. Buyer shall give written notice to Seller of Buyer's desire to avail itself of this contingency. This contingency shall be deemed and shall be of no further force and effect if notice is not given by October 31, 1996. 13. DAIRY QUEEN CONTINGENCY. The parties stipulate and agree that performance by the Buyer is contingent upon the demolition of the Dairy Queen building presently located at 46 Main Street North, Hutchinson, Minnesota and construction of a replacement facility pursuant to the tax increment plan approved by the City Council for the City of Hutchinson. The Buyer shall give written notice, by certified mail, return receipt requested, to Sellers of its decision to avail itself of this contingency. If notice is given prior to the closing of the transaction contemplated herein, then, in that event, Buyer shall pay to Sellers the sum of Five thousand and no /100 Dollars ($5,000.00) as and for liquidated damages to compensate Sellers for any expenses or lost rent incurred as a result of this transaction. In the event notice is given by Buyer of intention to avail itself of this contingency after closing, then, in that event, Sellers may retain all payments made by the Buyer and shall not be required to refund any payments to Buyer. In 'either event, Buyer shall have no further responsibility whatsoever, in law or in equity, to Sellers and the remedies set forth in this paragraph shall be Sellers' exclusive remedies in the event Buyer elects to avail itself of the contingency. This contingency shall expire and be of no further force and effect on May 1, 1997. 14. NOTICES. Notices under this Agreement shall be sent by United States mail to the following address: If to Sellers: Leonard & Doris Johnson 24754 Upsala Lane Hutchinson, Mn. 55350 If to the City of Hutchinson (Buyer): • City of Hutchinson Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Attention: Gary Plotz -5- 0 With a copy to: G. Barry Anderson ARNOLD, ANDERSON & DOVE, PLLP 101 Park Place Hutchinson, Mn. 55350 15. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 16. WELL DISCLOSURE. Sellers certify that Sellers does not know of a well on the described real estate. 17. DEMOLITION. Sellers acknowledge that Buyer intends to demolish and clean up the property which is the subject of this purchase agreement. Buyer shall be responsible for all expenses relating to clean up and removal of structures and Sellers shall such expenses. CITY OF HUTCHINSON - IiQ' By: I M yor Attest: 1 City,Adminlstrator Q� U • AGREEMENT entered into this day of October, 1996, by and between Gary G. and Mary L. Cox, parties of the first part, hereinafter "Cox" and the City of Hutchinson, party of the second part, hereinafter "City". WHEREAS, Cox is the owner of Dairy Queen in Hutchinson (purchase made in name of "D.F.D. Businesses ", a general partnership) which is located at 46 Main Street North and legally described as follows: North 2/3 of Lot 1 in Block 50 in the Townsite of Hutchinson, North Half and WHEREAS, Cox wishes to expand their building and operations; and WHEREAS, additional parking is desirable which could be obtained by purchase and razing of the building to the west currently owned by Leonard and Doris Johnson, hereinafter "Johnson building" and legally described as follows: The East Half of Lot 10, Block 50, Townsite of Hutchinson, North Half. and WHEREAS, City is willing to purchase the Johnson building. NOW THEREFORE, it is mutually agreed by the parties hereto as follows: I. City shall purchase the Johnson building and raze same expanding its existing parking lot over and across property upon which the Johnson building is located; • expansion of said parking lot shall be generally consistent with the attached drawing; said expanded parking lot to be constructed in the spring of 1997. 2. City agrees as soon as reasonably possible* to install left turn signals at the intersection of First Avenue NW and Main Street to allow traffic to turn left and travel west on First Avenue NW. City also agrees to install left turn signals at the other Main Street Intersections, namely, Washington Avenue and Second Avenue. 3. City shall provide lights in the expanded parking lot at the northwest corner, northeast corner and at the "island ". 4. Cox shall pay City, by way of assessment or lease, the sum of $25,000.00; said sum to be paid as follows: $1,000.00 on November 1, 1997 and $24,000.00 as follows: equal semiannual payments of principal and interest* * commencing May 1, 1998 and semiannually thereafter on November 1 and May 1 until such time as paid in full. Payments shall be applied first to interest and the balance to principal. Interest on said $24,000.00 shall commence on November 1, 1997 at the rate of 7% per annum. In the event payment is made by way of assessment, first payment shall be due and payable with fast half real estate taxes due and payable in 1998. 5. This agreement is contingent upon Cox obtaining financing for expansion of Dairy Queen. • * Projected completion date is on or before May 1, 1997. ** Payments to be computed on a fifteen year amortization. 9-@ 0 5. This agreement is contingent upon Cox obtaining financing for expansion of Dairy Queen. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of October, 1996. City of Hutchinson Mary L. Cox State of Minnesota County of McLeod ss. By: Its By: City Administrator sr The foregoing instrument was acknowledged before me this o q day of October, 1996, by Gary G. Cox and Mary L. Cox. State of Minnesota County of McLeod by and , its City Administrator. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Neil J. Jensen #50088 Attorney at Law JENSEN & GORDON 22 North Main Street Hutchinson, MN 55350 (320) 587 -2046 1*1 The foregoing instrument was acknowledged before me this day of October, 1996, the mayor of the City of Hutchinson. u • CADATA\COx- AGRE.WPD PARKING LOT E (.541 -2.40X I -1.325 I -2771 I -°LEZ -1.9ox pS,Jl — — $L —p9aJ1 — � , a pEJ7Jl — _ — — — _ — — —^ 19.17H 71-0.7>0 10.997' J I 1 I I I I I I 1 � � E bys 9. 07 v41 —■ Ohi 19.4 1. 001L 19. 1 I 19.270 9.46D 19.630 19.601 19 1 DA m I I I I I I I I I j I 1 I I I 4 -Wft - Q I I I I 1 I I I t I U l t . j i i i i II I I I I I I I 1 \ I I I I I I I 19 19.400 I I I 1 I / 1 1 \____ 19.734 I TG I I I 1 19. %7 • 1 1D.JD1 1 / 19.067 1 I �� _ MIS ��I__.- 1 —. 14019 TG 19. 19.535 I 79 1 i 1 10. I 1 4000" r1 U MEMORANDUM October 7, 1996 To: Council Member John Mlinar From: Gary D. Plotz, City Administrator �� C / I ' .� I' I I C I u .N►1 / • Thanks for the opportunity to review the MRDO proposal. My observations are the following. Under 46239, Power and Duties, much of the detailed job description is eliminated (i.e., 462.39, subd. 2, 3 and 462.391, subd. 1, 2 & 3). In substitution, they say "may" in the new subdivisions 1, 2, 3 on page 10. They tend to focus on their own program operations in subd. 5 (p. 11). Also, note the new property ownership provision of subd. 6. Lastly, 462.396, Financial, Subd. 2 appears to facilitate more revenue and tax because it is eliminating a deduction for regional planning grants . The proposal has the "Shall" 3% rule for 1999 and beyond. That amount ( %) is beyond the .35% tax on the region's net tax capacity. As you know, net tax capacity in "itself' grows substantially each year from valuation increases. /mjs • JD' M E M O R A N D U M • TO: MRDO Board and Executive Directors FROM: Kevin Walli, Fryberger, Buchanan, Smith & Frederick RE: I., Rationale for Pursuing Changes to Regional Development Act; and II. Synopsis of Proposed Changes to Regional Development Act DATE: August 6, 1996 I. Rationale for Pursuing Changes to Regional Development Act The enabling statute for Minnesota's Regional Development Commissions was enacted in 1969 and has not been subject to a significant review in the intervening years. The main reason that the Legislature has not undertaken a thorough review of the Act is that, for the most part, it has worked well -- regional commissions work well with local • units of government and provide quality programs and professional services. For the past year, MRDO members have undertaken their own review of the Regional Development Act. A consensus was reached favoring the proposition that the Regional Development Commissions themselves should take the initiative to review and update the Act where appropriate. Much of the spirit of the 1969 Act remains in effect as does the scope of responsibility of current Regional Development Commissions. However, there are certain provisions from the 1969 Act which have not been implemented for many years and which should be deleted from the Act. In addition, the exercise-of pursuing reform of the Act on our own terms allows MRDO to re- emphasize some of the underlying principals which are so important to the mission of regional development organizations. Among the principles that we want to re- enforce are the following: • Regional development organizations are a very effective model for facilitating planning efforts and delivering programs on behalf of local units of government. • Regional development organizations professional services to the local which they serve. can provide valuable • units of government 9--7), • MRDO Board and Executive Directors August 6, 1996 Page 2 • Local units of government -- specifically local elected officials - -are the persons to whom regional development organizations are ultimately accountable. The organizations formed pursuant to this Act work on behalf of and at the behest of local elected officials. II. Synopsis of Proposed Changes to Regional Development Act • §462.383 Purpose. MRDO's revisions to the Regional Development Act include a statement of purpose which is much more clear and concise. In particular, the purpose section will include new language which states that regional development organizations " work for local units of government • • §462.385 The counties which make up each region are specified in statute. (The current regional boundaries were established by executiv2 order.) A mechanism for changing regional boundaries is provided with the authority vested in the regional organizations and local units of government, rather than state officials. • §462.388 Organization membership. The MRDO proposal does not significantly change the organizational structure. The provisions establishing governance by local elected officials are retained. The per diem ceiling for regional organizations would be adjusted in keeping with provisions relating to other public entities. • 9462.39 Powers and duties. Several specific references to federal programs are deleted. For the most part, the federal program authorities which were cited in the act are no longer operating programs. The amended bill provides generic • authority for organizations to receive public and private funds for program and planning activity. MRDO Board and August 6, 1996 Page 3 Executive Directors • §462.391 Specific powers and duties. 0 The original Act provided regional organizations with broad review and approval authority over local government plans and applications for state and federal aid. Regional organizations have not exercised this authority for some time. In fact, the presence of this authority in the state statute has been regarded as a barrier to the possible re- establishment of regional organizations in those areas which dissolved RDCs in the early 1980s. What remains in the MRDO proposal is the authority for regional organizations to review local plans when requested by a specific local unit of government. The MRDO proposal also retains the authority of regional organizations to assist other units of government in providing basic administrative, research and planning • services and by serving as a regional data center. RDCs would also be authorized to own property for certain purposes and within certain parameters. 0 §462.396 Financial. MRDO is proposing an amendment to the levy authority which would tie regional organizations' levies to a region's net tax capacity -- rather than relying on specific dollar amounts stated in the statute. Permissive authority to increase the levy is provided within certain limits. Overall, MRDO's intention is to clarify the role and relationships of Regional Development Commissions- -with specific emphasis on the importance of accountability to local elected officials. By removing archaic language and restating planning and program authorities, MRDO is streamlining the Act and ensuring that regional organizations can respond to the particular needs of each region of the state. • • • • i ! J . DATE: September i 8, 1996 MEMORANDUM TO: MMDC Members FROM: H. Eugene Hippe Executive Director RE: Proposed Revisions to the Regional Development Act of 1969 T _ X996 .. •ten, The Minnesota Regional Development Organization (MRDO) has been working for about 1'/: years on revising the Regional Development Act of 1969. TTre MRDO board and RDC executive directors think it is ready to be introduced to the legislature. Much of the revising is due to changes that have occurred over the years that outdated the language contained in the act. Please review it carefully and be prepared to discuss it at the meeting on September 25 so you can make a recommendation to MRDO. HEH/kn -Pr J MEMORANDUM TO: MMDC Members FROM: H. Eugene Hippe Executive Director RE: Proposed Revisions to the Regional Development Act of 1969 T _ X996 .. •ten, The Minnesota Regional Development Organization (MRDO) has been working for about 1'/: years on revising the Regional Development Act of 1969. TTre MRDO board and RDC executive directors think it is ready to be introduced to the legislature. Much of the revising is due to changes that have occurred over the years that outdated the language contained in the act. Please review it carefully and be prepared to discuss it at the meeting on September 25 so you can make a recommendation to MRDO. HEH/kn -Pr 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 THE REGIONAL DEVELOPMENT ACT 462.381 Title. Sections 462.381 to 462.398 may be cited as the "regional development act ef 4:969 462.382 Application. The provisions of sections 462.381 to 462.398 have no application to the metropolitan council created by or the region defined by Laws 1967, chapter 896. 462.383 Purpose. 0 Subdivision 1. The legislature finds transeend 1 l i nes f 1 .. a nir=s f-hat ]qqundary unit in the region ��`es that coordination of multi jur isdictional activities is essential to the deve lopment • and implementation of effective policies a nd programs, and that intergovernmental cooperation en a L.eg ^ ` i 9asis i an effective means of pooling the r esources of local government to appro common common problems. e s �n te make the ,, ti e use of eal L. : f. f H tlL aba n EiRd 1 priv reg. , insure the erderiy a 462.384 Definitions. Subdivision 1. For the purposes of sections 462.381 to 462.398 the terms defined in this section have the meanings given them., • cihel 2_ Tt is the purpose of sections 462.381 to 462.398 1 Subd. 2. "Governmental unit" means a county, city, town, 2 school district, or other political subdivision of the state. 3 4 Subd. 3. "Municipality" means a city. 5 6 " means a re ional Subd. 4. Organization Eemm- rssien g 7 development organization eemm19sien created under sections 8 462.381 to 462.398. 9 10 Subd. 5. "Development region" or "region" means a ^� 11 geographic region composed of a grouping of counties e� __� established 12 a ^r Of as et 13 by sections 462.381 to 462398. 14 15 Subd. 6. "Subregion" or "subdistrict" means any 16 combination of governmental units formed under sections 462.371 17 to 462.375, 471.59 or under any other statute combining or 18 enabling the combination of governmental units for special 19 purposes. 20 F ,a,. 21 Sub - r. - Genunissienerll means 22 and eeene ,, i. F .- 23 • 24 25 462.385 Designation of re gions Regional Boundaries; 26 Modification 27 28 Subdivision 1. Development regions for the state shall 29 consist of the following counties: 30 31 Reg ion 1 Kittson Roseau Marshall Penni Red Lake, 32 Polk and Norman 33 34 Re ion 2- -Lake of the Woods Beltrami Mahnomen Clearwater 35 and Hubbard 36 37 Region 3-- Koochichina Itasca St. Louis Lake Cook, 38 Aitkin and Carlton 39 40 , Region 4--Clay, Becker Wilkin Otter Tail G rant Dou glas, 41 Traverse Stevens and Pope 42 43 Region 5 Cass Wadena Crow Wing Todd, and Morrison 44 45 Region 6E Kandiyohi Meeker Renville and McLeod 46 47 Region 6W Big Stone Swift Chippewa Lac O ui Parle, and 48 Yellow Medicine • 49 50 Region 7E Mille Lacs Kanabec Pine Isanti and Chisago 51 52 / L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1B 1? 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Region 7W -- Stearns Benton Sherburne, and Wright Region 8-- Lincoln Lyon Redwood Pipestone, Murray, Cottonwood, Rock, Nobles, and Jackson Region 9-- Sibley, Nicollet Le Sueur, Brown, Blue Earth, Waseca, Watonwan, Martin, and Faribault 1CC41Vll 11 kAlLUAa nullllC-PJ Il na[U i V rva b111by i, via, �,ai v ci Scott, and Dakota. be designated by th these regions se ac Lo er-dpr- S h a " : 1 by— e3Eeeutive6t=Ele� hearings publie within eaeh proposed zpl ,...i..... ... • PROM - ON - Subd. 2 3. The eeffimissioner sh een studie and Modification of regional boundaries may be initiated by a county will determine the final assignment. :rissien, e by -tbe eammissiener a nd w ill l be aeeem plished aeee r - Elanee w ith thi -S J 0 regional organizations whose boundaries would be modified, the LJ 2 with regiens. 3 4 6ubd-ivi-sien 1. All tee? ^�nt eeerdinatien, planning, 5 by regions assisted er ereaUed the _ _ 6 beT legislates t the re iens pursuant eele — all eenf erffl 7 3AH. '- here a nd d es - _ � _ eterp _ afte 8 by the i appreval eemm-i non nfei=...-,ne el ea rl y 9 fied. The a king justi eemnissiener sh agreetaents 10 federal deparrmes iasu with state and and ageneies ee e 11 een €ermanee with this subdivision. 12 13 14 462.387 Regional development organizations eeamrise-ieas; 15 establishment. 16 17 Subdivision 1. Regional development organizations shall be 18 those organizations operating pursuant to Minn. Stat. X462.381- 19 .398 which were formed by formal resolution of local units of 20 government and those which may petition by formal resolution to 21 establish a regional development organization. 22 23 Subdivisien 1 Subd. 2. Petition. Any combination of counties • 24 25 or municipalities representing a majority of the population of the region for which a mis-ie organization is proposed may eem 26 petition the governor e Wiener by formal resolution setting 27 forth its desire to establish, and the.need for, the 28 establishment of a regional development organization ea.;,missien 29 For purposes of this section the population of a county does not 30 include the population of a municipality within the county. 31 32 Subd. 32. Establishment. Upon receipt of a petition 33 as provided in subdivision 1 a regional development organization 34 shall be established by the governor ee< =.miss =a =er and 35 ^ .;F:^ ^^ of all local government units within the region 36 for which the organization eemmnssien is proposed shall be 37 notified The notification shall be made within 60 days of the 38 governor's eeffimigBienerL receipt of a petition under 39 subdivision 1. 40 41 Subd. 43. Selection of membership. The governor 42 eemmissiener shall call together each of the membership 43 classifications except citizen groups, defined in section 44 462.388, within 60 days of the establishment of a regional 45 development organization ..°°n..missien for the purpose of selecting 46 the organization aomRissien membership. 47 48 Subd. 5. Name of organization. The name of the 49 organization shall be determined by formal resolution of the 50 organization. • 51 52 1 462.388 Organization Eemmissietz membership. • 2 3 Subdivision 1. An organization eemmissie shall consist of 4 the following members: 5 (1) one member from each county board of every county in 6 the development region; 7 (2) one additional county board member from each county of 8 over 100,000 9 (3) the town clerk, town treasurer, or one member of a town 10 board of supervisors from each county containing organized 11 towns; 12 (4) one additional member selected by the county board of 13 any county containing no townships; 14 (5) one mayor or council member from a municipality of 15 under 10,000 population from each county, selected by the mayors 16 of all such municipalities in the county; 17 (6) one mayor or council member from each municipality of 18 over 10,000 in each county; 19 (7) two school board members elected by a majority of the 20 chairs of school boards in the development region; 21 (8) one member from each council of governments; 22 (9) one member appointed by each native American tribal 23 council; 24 (109) citizens representing public interests within the 25 region including members of minority groups to be selected after • 26 adoption of the bylaws of the organization eemmissie ; and 27 (118) the chair, who shall be selected by the organization 28 eemm}saien. 29 30 Subd. 2. The terms of office and method of selection of 31 members other than the chair shall be provided in the bylaws of 32 the organization eemmi-ssie which shall not be inconsistent with 33 the provisions of subdivision 1. The organization eemmiss-ien 34 shall adopt rules setting forth its procedures. 35 36 Subd. 3. Members of the regional organization eewmissien may 37 receive a per diem of not over $5035, the amount to be determined 38 by the organization eemmi-ssiea, and shall be reimbursed for their 39 reasonable expenses as determined by the organization eexmri-s-sae. 40 The organization eemmissien may s hall provide for the election of 41 a board of directors, whe need member and net 42 provide, at its discretion, for a per diem of not over $5035 a 43 day for meetings of the board and expenses. A member of the 44 board of directors who is a member of the organization eemmiss 45 shall receive only the per diem payable to board members when 46 meetings of the board of directors and the organization 47 eemmiss}ea are held on the same day. 48 49 50 51 52 5 • 1 462.389 Development organization nammi ssien chair; officers 2 and staff. 3 4 Subdivision 1. Chair. The chair of the organization 5 eemxm ssien shall have been a resident of the region for at least 6 one year and shall be a person experienced in the field of 7 government affairs. The chair shall preside at the meetings of 8 the organization eemmrissien and board of directors, appoint all 9 employees thereof, subject to the approval of the organization 10 eemmassie - , and be responsible for carrying out all policy 11 decisions of the organization eemmissien. The chair's expense 12 allowances shall be fixed by the organization eemmissien. The 13 term of the first chair shall be one year, and the chair shall 14 serve until a successor is selected and qualifies. At the 15 expiration of the tern of the first chair, the 'chair shall be 16 elected from the membership of the organization 17 according to procedures established in its bylaws. 18 19 Subd. 2. Officers. Except as provided in subdivision 1, the 20 organization eemmissiea shall elect such officers as it deems 21 necessary for the conduct of its affairs. Times and places of 22 regular and special meetings shall be fixed by the organization 23 ee ssien and may be provided in the organization eemm3iss3en 24 bylaws. In the performance of its duties the organization 25 eemmis lien may adopt bylaws, rules governing its operation, 26 establish committees, divisions, departments, and bureaus, and 27 staff the same as necessary to carry out its duties and when 28 specifically authorized by law make appointments to other 29 governmental agencies and districts. All officers and employees 30 shall serve at the pleasure of the organization eammissis and in 31 accordance with this section. 32 , 33 Subd. 3. Executive director. 34 ehair, t The organization eemmis lien may appoint an executive 35 director to serve as the chief administrative officer. The 36 director may be chosen from among the citizens of the nation at 37 large, and shall be selected on the basis of training and 38 experience in the field of government affairs. 39 40 Subd. 4. Employees. The organization eemmissie may 41 -. pp lta6 th of �:: ple a ye„ Prepare w i th t s.za, u.issienei ._ 42 relarziens, and may adopt a me personnel system for its 43 officers and employees including terns and conditions for the 44 employment, the fixing of compensation, their classification, 45 benefits, and the filing of performance and fidelity bonds, and 46 such policies of insurance as it may deem advisable, the premiums 47 for which, however, shall be paid for by the organization 48 eem:nissisn Officers and employees are public employees within 49 the meaning of chapter 353. The organization ^_..._missies shall 50 make the employer's contributions to pension funds of its 51 employees. • 52 C / 1 Subd. —5. Staff serviees T- id dupli ef staEfs lot • 2 va3FJ:eus re ienal bodies assisted by federal geverament, the 3 eem.;lissisn may - gre.•i adfninisLr rtseareh, and -J re planning and develepfnen� 5 bodies hesea €ter estzaLlished iii ?Tiresata. The eo. gay agc 7 8 e€ pregra e f gu cd :dc_ 9 eeet4en 471 59, er any ether law, alid wAh le al g^ - 10 11 Subd. 5 6. Consultants. The organization eem;aissi en may 12 contract for the services of consultants who perform engineering, 13 legal, or other services of a professional nature for peak 14 workloads, continuing advice on program direction, and for 15 specialized and technical services. Such contracts shall not be 16 subject to the requirements of any law relating to public 17 bidding. 18 19 20 462.39 Powers and duties. 21 22 Subdivision 1. General powers. The organization eemm3ssir 23 shall have and exercise all powers which may be necessary or 24 convenient to enable it to perform and carry out the duties and 25 responsibilities of sections 462.381 to 462.398 or which may . 26 hereafter be imposed upon it by law. Such powers include the 27 specific powers enumerated in this section. The commission is 28 an instrumentality of the state for purposes of section 297A.25, 29 subdivision 11. 30 31 Subd. 2. R egional Federal programs. The organization 32 eemm}ss efr is the authorized ageney to receive public and private 33 funds slat_ and federal grant_ for reg-ienal purposes €rem €he 34 fellewing pregrams: 35 F1 eet ian- z0 »„rie 1e 37 (2) Seetion 701 of rrhe— Feuaing-Aet ef1954, ao amended 38 39 ( 9) Gwaivbus Crime Contra! r et ef 41 . 42 , 43 (-b) n_ Tr-- ..re rr h es - v e Health Pl r er= of 4 , 44 (e) Federal regional manpewer planning programs; - 45 46 _ er and federal programs pr funds fe 47 including, but not limited to program administration, multicounty 48 planning, coordination, and development purposes. 49 50 • 51 52 W n 1 uia .. ........______...1 F „ and a 3 f edera l 4 eemae - 5 6 Subd. 3. Planning. The organization m e m '9 shall study and such public 7 prepare and adopt, after appropriate plans 8 hearin as may be necessary, a -cem F f 9 which € _h= 10 11 12 r ,^`' e ncomp ass ph ysical, social, or economic ,,,, 13 pian shall t. F , �. „l. .. l 14 a needs of t he regi -, � � � 15 for F 17 te d ireet sun seiarr ene 7I N fog and leeaUien Of 19 }}espitals iibran — mss r a l t 20 20 , a r 21 p hl 22 ' ' a eial 23 r=he regien, 1 muniei d it shal a • 24 � F a; 9 M me p en' 25 ' 26 27 - - -nt a F a, �� 28 F r � —n 29 30 31 32 33 Subd. 4. Comprehensive planning. The creation of a the 34 regional development organization eemmissign does not affect sub - regional or 35 right of counties or municipalities to conduct 462.371 to 462.375 or 471.59. 36 district planning under sections 462.381 to 462.398 to encourage 37 It is the purpose of sections local and subdistrict planning capability and the regional 38 shall as far as practical use the data, 39 organization eemmiss'on- input of the local planning agencies. 40 resources, and 41 42 43 462.391 Specific powers and duties. 44 F ,ernment ' 45 Soh i a l- 46 unite — Baelq zk 14-es �2 48 rat+ —anti 49 ^ m . lbst— • 50 z� weeh in the judgm�� , a em u* ta " $ 51 F F re Y of 1, 52 8 THE REGIONAL DEVELOPMENT ACT 0 1 2 C! 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 • 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 • 50 51 52 Subd. 1. Review of local plans. The organization may review and provide comments and recommendations on local plans or development proposals which in the judgment of the organization have a substantial effect on regional development. Local units of government may request that a regional organization review, comment and provide advisory recommendations on local plans or development proposals Subd. 3 Data and information The organization may be designated as a regional data center providing data collection, storage, analysis and dissemination to be used by it and other governmental and private users, and may accent gifts or grants to rovide this service 10 to obtain or perform services with state agencies, for - profit or nonprofit entities, subdistricts organized as the result of federal or state programs, councils of governments organized under section 471.59, or any other law, and with local governments. 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Subd-. 4.rr Urban and ru rResearch. Where studies have • not been otherwise authorized by law the organization estnm -- . — may study the feasibility of programs relating but not limited to water, land use, economic development, housing, demographics, cultural issues, m_____i =; rrcc'_c governmental issues pexts, human and natural resources, communication, transportation, and other subjects of concern to the citizens of the region, may institute demonstration projects in connection therewith, and may enter into contracts or accept gifts or grants for such purposes as otherwise authorized in sections 462.381 to 462.398. Subd 5 Program operation Upon approval of the regional basis to provide economies of scale or to enhance Program efficiency. These programs may include but are not limited to the following: Revolving Loan Fund (insert cite) Small Business Development Centers (insert cite) _(3) Nutrition Programs (insert cite) _(4) Transit Systems (insert cite) u Solid waste Systems (insert cite) Regional Housing and Redevelopment Authority (insert cite Rural Development Financing Authority (insert cite) Economic Development Authority (insert cite) state. • • 11 Subd. 7 Property disposition An organization may sell CI 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 • 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 . 50 51 52 sub 5 y l de a ad Fl _ .i pl"—u � agemen"' --- -- -- Th F th e T � - -- —. r Subd. 8-1-9. Service to local organizations en may government to provide them with in the conduct of local planning government. Regional contract with local units of services and technical assistance and development activities. 462.3911 Prairieland Expo. The southwest regional development commission is authorized to establish, construct, and operate a facility to display, preserve, and interpret historical information and to enhance the tourism potential of the region. The commission may enter into a lease or management contract with another entity for operation of the facility. 12 1 462.392 8peeial studie a nd -F 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 462.393 Reports. Subdivision 1. On or before September 1 August 1 of each year, the crganization eemaniesien shall prepare a report for the governmental units, the public within the region, the legislature and the governor. The report shall include: (1) A statement of the organization's eem l=ien's receipts and expenditures by category since the preceding report; (2) A detailed budget for the year in which the report is filed and a tentative budget for the following year including an outline of its program for such period; (3) A description of any eemprehensive plan adopted in whole or in part for the region; (4) Summaries of any studies and the recommendations resulting therefrom made for the region; (5) A summary of significant accomplishments. (5) A liBtinq of all applieatiens far federal grants er l ea ns ma by governmental units within the - t-:eget=her w t (6) n li st i ng F p F l 1 gevernme its submitted to ehe regien, and aer�iens taken— in relate ship r=herete= C� • LJ 13 ___ ti therei l � p tic"tTVi • (68) A summary of any audit report made during the previous year by the stale , udit e- relative to the organization eafmi s s ien . 14 7 1 Subd. 2. In 1996 3-981 and every five years thereafter the 8 organization eemmissie shall review its activities and issue a 9 report assessing its performance in fulfilling the purposes of 10 the regional development act ^P�9 The report shall address 11 see whether the existence of the organization eemm-i-ssien is in 12 the public welfare and interest. The reper-t- shall -be ineliaded i 13 the i e d by s ubdi- v i sien , 14 15 16 462.394 Citizen participation and advisory committees. 17 18 The organization eemmissien may appoint advisory committees 19 of interested and affected citizens to assist in the review of 20 plans, programs, and other matters referred for review by the 21 organization eemmiss . Whenever a special advisory committee 22 is required by any federal or state regional program the 23 organization eemmissie ehair shall, as far as practical, appoint 24 such committees as advisory groups to the organization • 25 eemmiss en. Members of the advisory committees shall serve 26 without compensation but shall be reimbursed for their reasonable 27 expenses as determined by the organization eemmiseler�. 28 29 30 462,395 Duties e€ state ageneies. 31 32 All dep , „ state �-L+u �t� a�C2ICLC�TfEC22 �C"LgZ�r d t w i t h- 33 regienal d. el Y e sta b l i she d n u nde r 34 462-381 Le 462 . 398 and s hall make available to 4=hem studies, 35 repel -ta data', and F tienal ether and teehn'ea' assistanee 36 withi f 1 d- ^, , imitations The direeterr shall 37 ^ , rd .. p lanning 38 and- develepment eemmiseiene 39 40 41 462.396 Financial state assistanee 42 43 Subdivision 1. The legislature aireetez shall determine the 44 amount of and make grants to any organization eew&nissien created 45 under sections 462.381 to 462.398 from appropriations made 46 available for those purposes_, 47 submitted "c� . ..b e t ., .. eeto� a� di Y Any regional organization 48 eenuniss en levy a tax on all taxable property in the region 49 to provide money for the purposes of sections 462.381 to 462.398. 50 51 52 14 h l Subd._ 2. On or before August 20 each • 2 gu year, the organization eemmiss}ea shall submit its proposed budget for the ensuing 3 calendar year showing anticipated receipts, disbursements and ad 4 valorem tax levy with a written notice of the time and place of 5 the public hearing on the proposed budget to each county auditor 6 and municipal clerk within the region and those town clerks who 7 in advance have requested a copy of the budget and notice of 8 public hearing. On or before September 15 each year, the 9 organization ceav s sien shall adopt, after a public hearing held 10 not later than September 15, a budget covering its anticipated 11 receipts and disbursements for the ensuing year and shall decide 12 upon the total amount necessary to be raised from ad valorem tax 13 levies to meet its budget. After adoption of the budget and no 14 later than September 15, the secretary of the organization 15 eemmise i shall certify to the auditor of each county within the 16 region the county share of the tax, which shall be an amount 17 bearing the same proportion to the total levy agreed on by the 18 organization eemmissien as the net tax capacity of the county 19 bears to the net tax capacity of the region. For taxes levied in 20 1998 1 w90 and t F , the maximum amounts of levies made for 21 the purposes of sections 462.381 to 462.398 are the greater of 22 $200,000 or 35 percent of a region's net tax capacity €e ewi-ag 23 ame23nts less I 24 - - - -- - - 25 2 $'SB 809 €er cg4efl 3 $353 } 0 €er 8egien 5, $195,863 €ei • 26 27 $ }.58- 65}__€ 8— 286 }07 €er Reg•en 9, $3 ,5 L2 For 28 taxes levied in 1999 and thereafter, the•maximum levy amount for 29 the organizations shall increase by three percent 30 per year. The auditor of each county in the region -shall add the 31 amount of any levy made by the organization eenmrrssie within the 32 limits imposed by this subdivision to other tax levies of the 33 county for collection by the county treasurer with other taxes. 34 When collected the county treasurer shall make settlement of the 35 taxes with the organization eemmissien in the same manner as 36 other taxes are distributed to political subdivisions. 37 38 Subd. 3. The eemmissien organization is a special purpose 39 unit of government which may accept gifts, apply for and use 40 grants or loans of money or other property from the United 41 States, the state, or any person, local or governmental body for 42 any organization eemmiss#aa purpose and may enter into agreements 43 required in connection therewith and may hold, use, and dispose 44 of such moneys or property in accordance with the terms of the 45 gift, grant, loan, agreement, or contract relating thereto. 46 47 For purposes of receipt of state or federal funds for 48 community and economic development regional organizations shall 49 be considered general purpose units of government 50 51 52 15 L� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Subd. 4. The organization eemm-issie shall keep an accurate account of its receipts and disbursement. Disbursements of funds of the organization eemmiss shall be made by check signed by the chair or vice -chair or secretary of the organization eemmission and countersigned by the executive director or an authorized deputy thereof after such auditing and approval of the expenditure as may be provided by rules of the organization eemmiss en. The state auditor may shall audit the books and accounts of the organization eemm}ssien once each year, or as often as funds and personnel of the state auditor permit. The organization eemmissisn shall pay to the state the total cost and expenses of such examination, including the salaries paid to the auditors while actually engaged in making such examination. The general fund shall be credited with all collections made for any such examination. In lieu of an annual audit by the state auditor, the organization eertunasi-en shall may contract with a certified public accountant for the annual audit of the books and accounts of the organization men- If a certified public accountant performs the audit, the organization shall send a copy of the audit to the state auditor. Subd. 5. Every contract of the organization eeffunissien for the purchase of merchandise, materials, or supplies shall be let in accordance with the provisions of section 471.345. Subd. 6. The organization eemmissen shall from time to time designate one or more national or state banks, or trust companies authorized to do a banking business, as official depositories for money of the organization eemmissien, and thereupon shall require the treasurer to deposit all or part of 'such money in such bank or banks. Such designation shall be in writing and set forth all the terms and conditions upon which the deposits are made, and shall be signed by the chair and secretary, and made a part of the minutes of the organization eemm}ssien. Any bank or trust company so designated shall qualify as a depository by furnishing a corporate surety bond or collateral as required by chapter 118, and shall thereafter, as long as money of the organization eemmissien is on deposit therein, maintain such bond or collateral and shall be required to secure any deposit, insofar as it is insured under federal law, as provided in section 118.10. 462.397 Borrowing money; certificates of indebtedness. Subdivision 1. At any time after a tax has been levied by the organization eemmiseien and certified to the county auditors to be spread on the next tax roll for collection, the organization eemmissien may borrow money and in evidence thereof issue and sell its certificates of indebtedness in anticipation of the collection of such levy. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 41 Subd.. 2. The aggregate principal amount of such certificates then remaining outstanding, issued in anticipation of any levies whatsoever, plus the then unpaid accrued interest and interest to accrue to maturity on all such certificates, shall not exceed 50 percent of all taxes certified to the county auditors to be spread and collected which are not delinquent, less the amount thereof received by the organization eemmsi� before the latest certificates were issued. Subd. 3. All certificates shall mature not later than April 1 following the close of the year of collection of the taxes in anticipation of which they were issued, and may be made subject to redemption before maturity. Subd. 4. The organization eemmissien shall, by the resolution authorizing each issue of certificates, fix the amount, date, maturity or maturities, prepayment provisions, form, denominations, interest rate or rates, and other details of the certificates, and also pledge the full faith and credit of the organization eemmissien for the payment thereof. In and by such resolution, the organization eemmissien shall also irrevocably appropriate to a special fund such amount, stated in dollars, of the levy anticipated as will be required to pay the principal of and interest on the certificates when due. Subd. 5. If, due to delinquencies in collection thereof, the levy is not received at the times and in the amounts sufficient to meet principal of and interest on certificates payable therefrom, the organization eemiti-& n may levy and cause to be extended, assessed and collected upon all taxable property within the region, such ad valorem taxes as may be required to pay such principal and interest and to restore to other funds advances made for that purpose. Subd. 6. All such certificates may be negotiated and sold in such manner as may be determined by the organization eemmissien. 462.398 Termination of organization eemmsr3. Subdivision 1. Any combination of counties or municipalities representing a majority of the population of the region for which a organization eemmissien exists may petition the director by formal resolution stating that the existence of the organziation eemmiesien is no longer in the public welfare and interest and is not needed to accomplish the purposes of the regional developmen For purposes of this section the population of a county does not include the population of a municipality within the county. Any formal resolution adopted by the governing body of a county or municipality for the termination of a organization eemmissien shall be effective for L_I 17 1 a period of one year for the purpose of determining the requisite 2 population of 'the region needed to petition the Governor 3 dircccsr. 4 5 Subd. 2. Within 35 days of the receipt of the petition, 6 the governor dam= shall fix a time and place within the 7 region for a hearing. The governor direeter shall give notice of 8 the hearing by publication once each week for two successive 9 weeks before the date of the hearing in a legal newspaper in each 10 of the counties which the organization man represents. 11 The hearing shall be conducted by members of the organization 12 eenmtissisn. If the organization eemmissie determines that the 13 existence of the organization eemmiss en is no longer in the 14 public welfare and interest and that it is not needed to 15 accomplish the purposes of the regional development ael. of 1999 16 the organization eenunissia = shall recommend to the governor 17 dyer that the governor door terminate the organization 18 eemmrissie . Within 60 days after receipt of the recommendation, 19 the director shall terminate the organization men by 20 giving notice of the termination to all government units within 21 the region for which the organization eemmis lien was established. 22 Unless otherwise provided by this subdivision, the hearing shall 23 be in accordance with sections 14.001 to 14.69. 24 25 Subd. 3. The governor direeter shall not accept a petition 26 for termination more than once in 30 months for each regional 27 development organization ce.;II:issien 28 29 * NOTE: See section 272.68. 30 31 32 Draft- -May 221, 1996 E • Hutchinson Area Health Care Hutchinson Community Hospital Burns Manor Nursing Home • Dassel Medical Center • winsted Family Practice Clinic 1095 Highway 15 South Hutchinson, MN 55350 (320) 234 -5000 OCT 1 81995 October 17, 1996 The Honorable Mayor Marlin Torgerson and Members of the City Council Hutchinson City Center 111 Hassan St. S. Hutchinson, MN 55350 Dear Mayor Torgerson and City Council Members: P-' . � HL' I . �nA1 The board of directors of Hutchinson Area Health Care (HAHC), as part of their regular meeting on October 15, 1996, considered results of a bid process for roof repair at Bums Manor Nursing Home. The following is an excerpt from the minutes of that meeting: • "Roof Repai r. The board reviewed the results of a recent bidding process for repair of sections of the Bums Manor Nursing Home roof, primarily over the three west wings of the building where leaks have recently occurred. (See attached.) Earlier estimates showed an expected cost of $71,000 for membrane roof replacement for these sections. The bidders were also made aware of the possible need for replacement of wet insulation and repairs. "Recommendation was made to request approval of the City Council to award the bid to the lowest bidder, Laraway Roofing of Hutchinson, in the amount of $62,450 (or $61,450 after deducts A -C) plus the unit prices for wet insulation and repairs. "Following review, motion was made by Slanga, seconded by Black, to recommend to the City Council award of the bid to Laraway Roofing of Hutchinson in the amount of $62,450 (or $61,450 after deducts A -C) plus the unit prices for wet insulation and repairs. All were in favor. Motion carried." Also considered at the meeting was a capital expenditure request for purchase of an automated pharmacy medication system for use in the hospital's emergency room. The following is an excerpt from the meeting minutes regarding this request: " Purchase of Pyxis Pharmacy System The board considered a request from Pharmacy Services for purchase of a Pyxis automated medication dispensing station to be used in the emergency room. Features of the system include automated dispensing, automated billing, and system security to document any medications taken from the station by nurses by security code. Savings will be realized in pharmacist time for dispensing; technician time in billing; and nursing time in pulling medications or waiting for Pharmacy staff to deliver medications not in the cupboard. The system will provide increased security, as well, by better tracking Was needed' and 'STAT" doses given. 'It was noted this system did not need to be bid because it is an expansion of the current Pyxis system being used on • the Acute Care nursing Floor. 'Following discussion, motion was made by Daggett, seconded by Erickson, to request authority from the City Council for purchase of a Pyxis automated medication dispensing station at a cost of $45,067.50. All were in favor. Motion carried." _ q r, The Honorable Mayor Marlin Torgerson and • Members of the City Council October 17, 1996 Page Two Thank you, in advance, for your consideration of these recommendations. Don Erickson will be able to answer any questions you may have about this request. An additional item I would like to share with you is the recent survey of Hutchinson Area Health Care by the Joint Commission on Accreditation of Health Care Organizations (JCAHO). We learned last night that our organization was awarded another three -year accreditation by the JCAHO. I want to personally state my appreciation for the staffs considerable efforts in achieving this accreditation and for the governing board's leadership in making this possible. Sincerely, HUTCHINSON AREA HEALTH CARE Philip G. Gra4es President PG .Ih • Attachments • • PROPOSAL The bid process for roof replacement for the three (3) West Wings at Bums Manor was completed with bid openings on September 24, 1996. • Copy of bid tabulation sheet and a roof plan drawing attached. The roof plan drawing shows the roof outlined by Sections A -G. Bids were received for complete re- roofing of sections A, B and C with unit prices for replacing wet Insulation and minor repairs to Section F. As you refer to the bid tabulation sheet, the following information will be useful. Base Bid Roof Section B West ALT 91 Roof Section C West ALT 02 Roof Section A West Deduct B, C and A are for the same roof sections and are deductions to the Base Bid, ALT #1 and ALT #2 respectfully. These deductions were requested through Addendum #1 which allowed the bidder /contractor to use chutes and elevators to remove and replace materials. The original bid document required the use of a hydraulic crane. Several of the bidders do not own a crane. Unit Price Brd Ft - is the cost per board foot to replace wet existing insulation. The amount of wet insulation is unknown until the roof is opened. is Unit Price Man Hour - is the price the contractor charges per man hour to replace wet insulation and repair of leaks on Section F. Unit Price % - Is the percent the contractor adds to the other two unit prices for overhead and profit. Bid Security - 5% bid security was to accompany each bid. Bid security was not received within the envelope from Aldo Inc. Start Within _ Days - The days from when the contractor received Notice to Proceed until they could start work. This lets us know how busy they are at bid date. Having reviewed each bid, it is my recommendation that we offer the contract for roof replacement to Laraway Roofing and that we proceed this Fall with the entire West addition. I further recommend that we require the use of a hydraulic crane for the removal and replacement of materials. This cost would be $62,450.00 plus the unit prices for wet insulation and repairs. Please advise of the decision so that I may proceed accordingly. Respectfully submitted, Gib Lehman, Construction Services Representative • GUJc enc: 2 0 • I1 I Nwhinuui ,,jea 11"111, Carr ROOF REPLACEMENT - BURNS MANOR NURSING HOME September 24. 1996 - Bid ODenina 11:05 a.m. BIDDER BASE BID ALT #1 ALT #2 - DEDUCT - B _ DEDUCT C - DEDUCT - A - UNIT PRICE. 9RD FT UNIT. PRICE MAN HOUR UNIT PRICE - % BID SECURITY START WITHIN _ DAYS ADDENDA RECEIVED Laraway Roofing ;1' J oe) /L r go 18, 370 500— � O 0 300 6 9 Aldo Inc GraniteCity 30 '700 /S,S�a /gbOO Soon �So� ag0� (,8 dS,.c 5% r/ �5 Marty's �'iQ O a v - SU .P"0 /600 14100 77 ;Z8p0 Schwickert 39 700 - 200 /ooc $oo gco 1 �lo /, /5v —) C 7 BURNS MANOR NURSING HOME HUTCHINSON, MN n ROOF PLAN • HUTCHINSON AREA HEALTH CARE • CAPITAL EXPENDITURE REQUEST FORM (Single item in excess of $500.00 and depreciable life of one year or more) Cost Center Cost Center Number: 7300 Name: Pharmacy Date: 10 -96 Capital Number: Capital Name: Pyxis (ER) Description: Automated medication dispensing station for the emergency room Includes (1) Six Drawer Med Station and (1) Seven Drawer Auxiliary Station Automated billing to the pharmacy, System security documents anv medications taken from the Pyxis by nurses by security code Present System: Manual system Medications stored in ER are kept in cupboards mounted on wall with key lock for secunty. Any medications used must be hand written to the patients charge sheet as the are used. Anyone who gains access to the key will be able to lZam access to the locked medication cupboard. Refrigerated medications are not under lock at this time Alternatives to Proposal: Continue with manual locking and billing system. Rationale for Recommendation: This system will save pharmacist time - PRN meds only save technician time - billing: saves nursing time pulling meds or waiting for pharmacy to deliver meds not in cupboard, decreases inventory; secures narcotics give more accurate billiniz and will be able to interface with the future HIS for direct patient billing of meds used give us the ability to track PRN and STAT doses given. Amount Budgeted: $33,500.00 Proposed Purchase Price: $45,067.50 If not budgeted, state budgeted equipment to be "traded" for requested capital equipment: Manager/ Supervisor Division President Signature (required for purchases $5,000 or over): • ADMR:Ce)90ant1.DOC11m4 9- F HUTCHNSON AREA HEALTH CARE • Capital Expenditure for Action Requested: Purchase of Pyxis medication dispensing unit for the Emergency Room Background: We currently have a Pyxis unit at the Medical/Surgical Nurses station. It is integrated to the pharmacy via a computer. To expand the controlled system to the Emergency Room, we must purchase the same equipment so it too will tie into the pharmacy computer system. This system will enhance medication distribution and security of medications in the Emergency Room Strategic This system will: Consideration 1. Save the pharmacist time in distributing and maintaining the medication supply 2. Save the technician time in maintaining the medication supply 3. Save the nurse time in distributing medications to the patient, and justifying the medication count at the end of shift. • 4. Decrease inventory in the Emergency Room 5. Secure narcotics by allowing only by access code. Each person has their own access code. 6. Offers the ability to track PRN and STAT doses given in the ER 7. Improves medication billing Other Information: Pyxis is the only system we can consider because of current use of the Pyxis system at the main nurses station. Financial Impact: Approximate cost: $45,067.50 Payback: 2.58 years Budgeted amount: $33,500.00 AD',M:CSxitaTFM.D0C • q -F li- • Proposal to Purchase Pyxis Medstation for the Emergency Room Analysis of cost difference from original system purchased in 1994. There are two reasons why the proposed purchase price of the Pyxis system for ER is more then the initial Pyxis system placed at the medicaUsurgical nurses station. 1. The medical/surgical floor system included (1) 6- drawer medication station, (1) 6- drawer auxiliary unit, and (1) pharmacy console. The proposed system for the emergency room is a larger system than the medical/surgical system. The increase in size is due to a larger volume and diversity of medications being dispensed in the emergency room. Proposed is (1) 6- drawer medication station, and (1) 7- drawer auxiliary unit. The difference in systems is the additional drawer in the auxiliary unit. 2. When the system was purchased in 1994, we received a volume discount of 20% and a VIIA discount of 10 %. The 20% discount is no longer in effect for this purchase. We will still receive the 10% VHA discount. In addition, there has been an approximate • price increase of 3 %. • • RESOLUTION NO. 10771 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5005 LETTING NO. 3 /PROJECT NO. 96-04 WHEREAS, cost has been determined for the improvement of Bluff Street and Adams Street from 4th Avenue NE to Washington Avenue by storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous wear course, bridge construction and appurtenances. and the bid price for such improvement is $1,087,973.45 and the expenses incurred or to be incurred in the making of such improvement amount to $261,113.63 so that the total cost of the improvement will be $1,349.087.08. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by City, State and Federal funds is hereby declared to be $1,320,587.08 and the portion of the cost to be assessed against benefitted property owners is declared to be $28,500.00. 3. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the install to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate • of 4.861 percent per annum from the date of the adoption of the assessment resolution. 4. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 5. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 22nd day of October, 1996. Mayor City Administrator • /o -A CITY OF CHINSON MN ASSESSMENT ROLL N S LETTING NO.3/PROJECT NO. 96-04 ADAMS ST & BLUFF ST STORM SEWER, SANITARY SEWER, WATERMAIN, GRADING, GRAVEL BASF, CONCRETE CURB & GUITER BITUMINOUS BASE, BITUMINOUS WEAR COURSE BRIDGE & APPURTEN CONSTRUCTION COST: LUMP SUM PAGE 1 OF 1 S28 500.00 COMPILED BY: C. RICE COMPUTED BY: C. RICE CI -IECRID BY: J. RODEBERG INTEREST RATE: 4.861% ADOPTED: NUMBER OF YEARS RUN: 10 ACCOUNT NO. CITY PID NO. NAME & ADDRESS OF PROPERTY OWNER LEGAL DESCRIPTION ADDITION OR SUBDIVISION STREET CONSTRUCTION TOTAL ASSESSMENT COUNTY PID NO. 01 31- 117 -29- 15-0350 BURNS PHILIP FOOD INC FINANCE DEPT 222 SUTTER ST, 9TH FLOOR PART OF LOTS 1 -2 -3 & LOTS 5{.7.8 -9-10 23.056.3210 SAN FRANCISCO CA 94108 BLOCK 46, NORTH 1/2 CITY 28 500.00 $28,500.00 TOTAL ASSESSMENT ROLL NO. 5005/LEII7NG NO. 3/PROJECT NO. %-D4 S2 .00 • RESOLUTION NO. 10772 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5005 LETTING NO.3/PROJECT NO. 96-04 WHEREAS, by a resolution passed by the Council on the 22nd day of October, 1996, the Director of Engineering was directed to prepare a proposed assessment of the cost bf improving Bluff Street and Adams Street from 4th Avenue NE to Washington Avenue by storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous wear course, bridge construction and appurtenances. WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 12th day of November, 1996, in the Council Chambers at City Hall at 6:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. • 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by November 25th, 1996. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 22nd day of October, 1996. City Administrator Mayor • 1 FEE: // APPLICATION FOR GAMBLING DEVICES LICENSE Approved by: Building Fire Application shall be submitted at Police //�� least _ days prior to the as Gambling occasion n I. _Odtll e �i T �afA ewr AND I. A rtlreW T� i rc ame of uthorized Officer of Name of Designated Gambling Organization Manager Hereby submit in duplicate this application for a license to conduct Gambling devices in accordance with the provisions of the City of Hutchinson Ordinance NO. 655 and Minnesota Statutes Chapter 349 for the license year ending 1 ?76 Signatures: AutboriCkbd Officer of Organization Designated Gamblin anager of organization A. The following is to be completed by the duly authorized officer • of the organization: J / n 1. True Name: n&� 0 J' �( L (last) (first) (middle) 2. Residence Address: 7156 f �U t ti fi CNP�ICUP )o-i SS3 �6 (street) (city) (state) (zip) 3. Date of Birth: 2 - Iq - l`Y 4. Place of Birth - yl� n . (mo /day /year) (city /state) 5. Have you ever been convicted of any crime other than a traffic offense? Yes No �_. If Yes, explain B. The following is to be completed by the designated gambling manager , of organization: 1. True Name: 4�rrc •1jt'eu1 (last) (first) (middle) 2. Residence Address: /0 Fat's Ave 6 /e s e MN SS3 (street) (city) (state) (zip) 3• Date of Birth: G 3 >0 4. Place of Birth: W >te�{e.� M N • PAID (mo /day /year) (city /state) OCT 2 11996 City of Hutchinson 10—A City of Hutchinson n 5. Have you ever been convicted of any crime other than a traffic offense? Yes No X_. If yes, explain • 6. How long have you been a member of the organization? � ,,-A S 7. Attach a copy of the official resolution or official action designating you gambling manager. C. Game Information: 1. Place where gambling devices will be used 11iGt6rfor, - n n 2. Date or dates gambling devices will be used — M o,% — Sa:r (date and /or day(s) 3. Hours of the day gambling devices will be used: of week) From 3 o-o To /:er> . 4. Maximum number players ;2, O 5. Will prizes be paid in money or merchandise? 6. Will refreshments be served during the time the gambling devices will be used? Yes X No If so, will a charge be made for such refreshments? Yes NO V:cier ;a, To...je D. Organization Information: M, J cr A , 4-1ww+ CI�.._b - 1. Address where regular meetings are held 1i7 /�Iai•r Ave C. ( e «r• 2. Day and time of meetings �'rs� T �espay cw�� w-Ft r ?:60� 3. Is the applicant organization organized under the laws of the State of Minnesota? Yes �_ No 4. How long has the organization been in existence? 2 , y ears 4a. How many members in the organization? C�f 5. What is the purpose of the organization? f( e.•Sfe safe 5naw•.o ;� 6. Officers of the Organization: Name Address Title RerlluP„ Aj. tka,✓s C /Y 116 e yres._ E V&^ S a l L .)Ame Aue V;,:¢ P :;d•�i P a-1- Ma Ila k 20`d9> K4 )e br. s,lver I t rea surer 7. Give names of officers or any other persons paid for services to the organization: Name Address Title • D. Organization Information: (Continued) • 8. In whose custody I will organization records be kept? Name Quo IL16 Address _20� Kale fir. S ker tak, 9. If the organization carries sufficient insurance to compensate the players in the event any injury is sustained by players while gambling devices are used, or while on the licensed premises, please state the Name of Insurer and Policy No. 10. Have you (Manager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices? 11. Attach a list of al active members of the organization. E. The following information is provided concerning a fidelity bond given by the gambling manager in favor of the organization. 1. Name of bonding company _A2o - Dwners T ^s"raw ce 2. Address of bonding company G14 A.nncctpF Blvd(. Gn„s,:, ./VJ1 `/99i >. 3. Amount and duration of bond /D `l� /q6 �t{,r� y /i1y� 377 • 4. Application is hereby made for waiver of the bonding requirements. Yes No S<__ I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 655 relating to gambling, \Y/ and I will familiarize myself with the contents the j Sign re of authorized officer of organiazatiaa Date: to - /4{ W ' S s ribed and swo o for a otary public on this /7" y day of wTAW P „ a ,, o -�� . Signature of Rot y Public myco'missmOP Commission expires on /- &/ - -06 Subscribed and sworn to before me a notary public on this day of 19 Signature of Notary Public Commission expires on Social Security Number: • MN Business ID Number: I OPEN -HOLD COUNCIL REPORT TUE, OCT 22, 1996, 2:00 PM page 1 ------<*------------------------------------------------------------------------------------------- 16TIDS CITY OF HUTCHINSON PERMANENT TRANSFERS $23,425.00 $23,425.00* 1990 TICB MAXIMUM TECHNOLOGIES GROUND WATER MONITORING $826. < *> $826.00* 1994 IMPRO CONST CAMERA SHOP 4 X 6 REPRINTS $223.69 $223.69* 1996 IMPRO CONST HUTCHINSON UTILITIES OSM AIRPORT RENOVAT. TKDA LIGHTS INSTALLED PROFESS SERV -BLUFF ST BRIDGE PROFESS SERV -PHASE II CAP.IMPRO.FUND LOGIS SEPT CHARGES /VIRUS INSTALL CENTRAL GARAGE CARQUEST AUTO PARTS FILTERS DYNA SYSTEMS COTTER PIN REMOVAL TOOL MEIER, DOUG REIMB -LUNCH MID CON SYSTEMS INC TFE NO STATES SUPPLY INC HARDWARE PLOWMANS REFURBISH 93 FORD ST.JOSEPH'S EQUIPMENT INC ELEMENT CITY HALL CONST. HANSON & VASEK CONSTRUCTION (WL FUND ACOMA TOWNSHIP ALLEN OFFICE PROD AMERICAN VAN EQUIPMENT AUTOMATION SUPPLY CO BARR ENGINEERING CO BECKER ARENA PRODUCTS BENNETT OFFICE SUP. BERKLEY RISK SERVICES BERNICKS PEPSI COLA BLACK HILLS AMMUNITION BOICH, ARNIE BOOKS AND BYTES BOY SCOUT TROOP 246 BRANDON TIRE CO BUS. RECORDS CORP. BUSINESSWARE SOLUTIONS CAMERA SHOP CANNON CRV CELLULAR 2000 CENTRAL GARAGE CHAMBER OF COMMERCE CHAPIN PUBLISHING CO CITY OF HUTCHINSON COAST TO COAST COMM TRANSPORTATION COPY EQUIPMENT INC COUNTY TREASURER DEPT NATURAL RESOURCES DEPT OF LABOR & INDUSTRY DISPLAY SALES DOMINO'S PIZZA EARL ANDERSON ASSOC ECHO INDUSTRIAL PRODUCTS ERICKSON OIL PROD FAMILY REXALL DRUG FESTIVAL FOODS c . FITZLOFF HARDWARE SIDEWALK -CITY CENTER 1996 TAX COLLECTION REBATE LABEL MAKER TRUCK DESK SONY DISKS PROFESS SERV -SE STORMWATER NET SERVICE CONTRACT PROFESS SERV -OCT OCT POP PURCHASE AMMUNITION LOCCER COACHING MATERIALS FOR FAT ATTACK CLASS 2 -24" BALSAM WREATHS MOUNT /DISMNT, TIRES ELECTION CODING MEMORY 4MB MOD /30 PIN DEVELOP & PRINT FILTERS OCT SERVICE SEPT REPAIRS LDRSHIP DEVELOP -MB SCHAUFLER ADVERTISING APRIL FUEL RENTAL NOVEMBER LOAN PYMT FILTER CARTRIDGE PARCEL PRINTOUT DNR REG FEES TO STATE INSPECTION LAMPS LARGE PIZZAS TRAFFIC PAINT CITRA CRYSTALS FUEL POSTERBOARD OPERATING SUPPLIES 20OW LIGHTS $9,727.24 $21,481.66 $31,208.90* $801.79 $801.79* 5,742.00 5,742.00* $367.27 $34.13 $12.78 $122.55 $6.97 $2,242.12 $81.96 $2,867.78* $1,640.00 $1,640.00* $729.90 $24.67 $107.44 $31.41 $185.62 $233.41 $15.00 $800.00 $381.40 .$289.68 $168.00 $25.26 $ $20.00 63.00 M 6.70 4.37 6.34 $272.46 $1,162.95 $23,752.32 $885.00 $129.60 $26,104.42 $86.92 $700.00 $923.72 $21.30 $596.00 $10.00 $1,086.30 $37.00 $269.87 $246.07 $40.63 $113.25 $53.59 $15.92 // -h OPEN -HOLD COUNCIL REPORT TUE, OCT 22, 1996, 2:00 PM page 2 ----- - -- GENERAL FUND ------------------------------------------------------------------------------------------- FORCIER, GARY POLISH CLOTH $10.64 GIESE, RICK MENS FOOTBALL OFFICIAL $130.00 HALI -BRITS INC LAMPS $146.64 HAYNES, TRICIA BALANCE DUE $250.00 HED, MARILYN REIMB MEALS, MILE -MTGS & TRAIN $129.77 HILLYARD FLOOR CARE / HUTCHINSON BOWL CLEANER $472.09 HOESCHENS, DUANE REIMB -EXP FOR TRAIN /TRAINER $430.25 HUTCH CONVENTION & AUGUST LODGING TAX $5,041.43 HUTCH MEDICAL CENTER HEP SHOT -T RENWICK $84.00 HUTCH PLBG & HTG CO REPAIRS TO FURNACE $319.31 HUTCHINSON JAYCEES REF 34 GAMES $300.00 HUTCHINSON TEL CO OCT ACCESS CHARGES $458.43 HUTCHINSON UTILITIES JULY, AUG, & SEPT ELECTRICAL $9,508.26 HUTCHINSON WHOLESALE CLAMP $29.07 HUTCHINSON -WILMAR TECH COLLEGE SEPT EMS REFRESHER -12 STUDENTS $240.00 INK SPOTS 2 PART NCR -500 SHEETS 130.50 JENSEN &, NEIL J. NOVEMBER PYMT 230.00 JOES SPORT SHOP FOOTBALL PLAQUES 118.04 1 300.00 JOHNSON, DOUG L. MEALS & LODGING EXPENSES K MART SHELF, BATTERY $52.14 K -III DIRECTORY CORP RENTAL RATE BLUE BOOK $435.00 KARL, LARRY REIMB MEALS, REG FEES $15.23 KERR TRANSPORTATION SERVICES PREEMPLOYMENT SCREENING $34.00 KILLIAN,ERIC REIMS MEALS -SFST CLASS $11.48 KUSTOM SIGNALS INC CABLE JANOR, LABOR $94.33 LEAGUE OF MN CITIES WORK COMP RETRO ADJ $11,011.00 LEARNKEY TRAINING VIDEOS $929.00 LOGIS SEPT SERVICE $8,570.83 LYNN TOWNSHIP 95 & 96 TAX COLLECTION REBATE $6,516.80 MARCO BUS.PRODUCTS TRAY $32.51 MARKS TV REPAIR AMP $30.00 MARRIOTT HOTEL HOTEL CHARGES -HAZEL SITZ _ $81.00 MCGARVEY COFFEE INC COFFEE $122.60 MCLEOD COOP POWER SEPT UTILITIES $472.86 MERRILL, KENNETH B. REIMB MEAL EXPENSES -LNCH MTG $20.00 MID -MN HOT MIX INC HOT MIX LOADS -SEPT $338.11 MINNCOMM PAGING OCTOBER SERVICE $114.12 MN DEPT OF REVENUE NOVELL NETWARE 4.1 $81.91 MN ELEVATOR INC. ELEVATOR SERVICE $67.90 MN PUBLIC TRANSIT ASSC REG -HAZEL SITZ $130.00 �• MURPHY GRANITE CARVING REPAIR VANDALIZED MONUMENTS $250.00 NEMITZ, BETTY SR CLASS REFUND $5.00 NICKLASSON ATHLETIC CO INV #4877 & 5514 PAID TWICE $74.06 PARSONS,EBBA SR TOUR REFUND $17.00 PCBC NOVELL NETWARE 4.1 $20.21 PETERSON BUS SERVICE COACHES -LAKE CITY & BAYFIELD $1,550.00 PIONEER QUIK STRIPE $252.94 PIZZA HUT OF AMERICA INC PIZZAS, POP $26.87 PRENTICE HALL I/M BASIC FIRST RESPONSE $57.53 QUADE ELECTRIC MH 250 MOGUL $73.91 R &R SPECIALTIES INC SPARK PLUGS, LABOR & TRAVEL $266.39 RESPOND SYSTEMS SHIPPING CHARGES FOR VIDEO $5.00 RETROFIT RECYCLING INC RECYCLING CHARGES $1,122.59 RIDER BENNETT EGAN & ARUNDEL PROFESS SERV $141.00 RYAN, SCOTT TACKLE FOOTBALL OFFICIATING S M A HC 1997 DUES $ $112.00 100.00 SCHAUBERGER, STEVEN SOCCER COACHING $165.00 SCHROEDER KYLE MENS FOOTBALL OFFICIAL $221.00 SCHUMANN, ANN REIMB MEALS, MILEAGE - SCHOOL $50.90 SHOPKO TAPE, WHITE BOARD $79.41 SORENSEN FARM SUPPLY EQUIPMENT RENTAL $56.45 STANDARD PRINTING BUSINESS CARDS $865.77 STARKE, RANDY MENS FOOTBALL OFFICIAL $208.00 STREICHERS CONVERSION KIT $1,200.76 TEPLY EQUIPMENT KNIFE, CLIP, RING FOR MOWER $139.49 TREADWAY GRAPHICS PIN, LION 18" PLUSH DAREN $53.99 TRI CO WATER COND SALT DELIVERY $95.85 TWO WAY COMM INC ROD $1,744.55 UNIFORMS UNLIMITED SLACKS $69.47 UNITED BLDG CENTERS LUMBER $189.05 UP & AWAY BALLOONS BALLOONS $17.00 US POSTAL SERVICE SENIOR NEWSLETTER POSTAGE $290.00 US WEST COMMUN OCTOBER SERVICE $654.70 VERSA -VEND VENDING INC BOXES OF CANDY $74.88 VIKING SIGNS SIGN $95.85 VOSTINAR, JOE REIMB SAFETY GLASSES $75.48 k • OPEN -HOLD COUNCIL REPORT TUE, OCT 22, 1996, 2:00 PM $30.00 page 3 ---------------------------------------------------------------------------------------------------- GFTERRAL FUND WAL -MART SPORT GAME $47.88 $44.86 WARNING LITES OF MN ORANGE CONES $374.07 WEST PUBLISHING CO MN PR V3A 1996 PAM $49.52 YIELD AEROSOL WIGEN CHEVROLET CO REPAIRS TO 91 CHEV $595.30 $4,103.22 WOOGIM'S COFFEEHOUSE 4 LUNCHES $20.00 XEROX COPIER USAGE $743.26 FILM < *> OCT BEER PURCHASE $120,240.90* $1,155.90 HOUSING REDEV HUTCH TRANS FAC HRA CITY OF HUTCHINSON DOOR SERVICE OF ST. CLOUD HILLYARD FLOOR CARE / HUTCHINSON LIQUOR HUTCH OLSONS LOCKSMITH QUADE ELECTRIC SCHMELING OIL CO VIKING SIGNS WITTE SANITATION ADMINISTRATION FEES $2,441.75 $2,441.75* LIQUOR STORE '• < *> RURAL F. D WATER /SEWER FUND WATER & SEWER THRU 9/30/96 LABOR FOR WORK DONE BROWN TOWEL ROOTBEER & CUPS KEYS MADE ELECTRICAL WORK IN WASH BYA SIGNS SIGN SEPTEMBER SERVICE $575 $140 $54 $64 11 $120 58 31 $63 $1,119 37 00 63 22 18 54 57 95 37 83* CHAMBER OF COMMERCE ADVERTISING DURING CRAFT PEST $30.00 CARTRIDGES, PAPER CITY OF HUTCHINSON WATER & SEWER THRU 9/30/96 $1,650.68 $44.86 DEPT OF PUBLIC SAFETY -OISM RETAILERS CARD $20.00 ED PHILLIPS & SONS CO. OCT WINE PURCHASE $5,676.45 YIELD AEROSOL GRIGGS COOPER & CO OCT LIQUOR PURCHASE $15,344.06 $4,103.22 JOHNSON BROTHERS LIQUOR CO. OCT WINE PURCHASE $14,847.87 LEAGUE OF MN CITIES WORK COMP RETRO ADJ $20.00 FILM LENNEMAN BEVERAGE DIST. INC OCT BEER PURCHASE $2,626.80 $1,155.90 LEO'S TRANSFER FREIGHT 1ST HALF OCTOBER $494.29 LOCHER BROS INC OCT BEER PURCHASE $12,391.85 BRONZE METER CONNECTIONS QUADE ELECTRIC TENT RENTAL, SIDE POSTS $101.18 $67.86 QUALITY WINE & SPIRITS CO. OCT WINE PURCHASE $2,303.17 TRIPLE G DISTRIBUTING INC OCT BEER PURCHASE $10,261.80 LABOR, PARTS -AUGER MOTOR 291.79 $65,768.15* 205.40 CITY OF HUTCHINSON MAY FUEL $343.27 $343.27* B.A. LIESCH ASSOCIATES BUSINESSWARE SOLUTIONS CDI OFFICE PRODUCTS LTD CELLULAR 2000 CENTRAL GARAGE CHEMSEARCH CITY OF HUTCHINSON D.P.C.IND.INC DEVRIES, RANDY FAMILY REXALL DRUG FEED RITE CONTROLS FIRST TRUST GOPHER STATE INC HENRY & ASSOCIATES HILLYARD FLOOR CARE / HUTCHINSON HUTCHINSON UTILITIES IND.SCHOOL DIST. #423 JEFF'S ELECTRIC JUUL CONTRACTING CO L & P SUPPLY CO LEAGUE OF MN CITIES LOGIS METRO SALES MINNCOMM PAGING MN DEPT OF HEALTH MN U C FUND MN VALLEY TESTING LAB NALCO CHEMICAL CO. NCL QUADE ELECTRIC RESPOND SYSTEMS PROFESS SERV- COMPOSTING APPL $94.00 CARTRIDGES, PAPER $94.69 TRAY, TISSUE $44.86 OCT SERVICE $58.30 SEPT REPAIRS $2,813.46 YIELD AEROSOL $142.32 APRIL FUEL $4,103.22 TON CYL, 150 LB CYL $606.90 REIMB - EXPENSES WEJ CONF- DALLAS $107.91 FILM $15.01 FERROUS CHLORIDE $1,155.90 PAYING AGENT FEES $333.38 SEPTEMBER SERVICE $129.50 BRONZE METER CONNECTIONS $128.11 LINERS $67.86 SEPT ELEC $248.08 MS AUDIT- COMPOSTING CLASS $26.88 LABOR, PARTS -AUGER MOTOR 291.79 WORK DONE ON GROVE & WASHING 205.40 OIL $3.73 WORK COMP RETRO ADJ $94.00 SEPT SERVICE $1,957.34 TONER, DEVELOPER $228.02 OCT SERVICE $27.16 3RD QTR CONNECTION FEES $4,845.00 3RD QTR CLAIM- 1996 $56.43 WATER TESTS $71.00 POLYMER BAGS $4,968.22 BUFFER SOLUTIONS $111.84 18 GUAGE WIRE $27.69 SAFETY SUPPLIES $137.32 OPEN -HOLD COUNCIL REPORT TUE, OCT 22, 1996, 2:00 PM page 4 ---------------------------------------------------------------------------------------------------- WA�R /SEWER FUND SANIFILL INC LOADS 9/23 TO 9/27 $6,199.90 �� SCHRAMM IMPLEMENT EQUIPMENT RENTAL $743.37 SORENSEN FARM SUPPLY EQUIPMENT RENTAL -PORTA POWER $15.98 STANDARD PRINTING BUSINESS CARDS $44.72 WALDOR PUMP & EQUIP SERVICE CONTRACT, PARTS $1,017.64 WATERPRO PENTAGON SOCKET, FREIGHT $2,535.66 WELCOME NEIGHBOR SEPT LIST $60.00 WITTE SANITATION TRUCK TIME & LABOR $125.00 < *> $33,937.59* $290,586.65* • ('• IMMEDIATE PAY COUNCIL REPORT TUE, OCT 22, 1996, 2:00 PM --- ---- -- --------------------------------------------------- 1�PARKING BDS JUUL CONTRACTING CO 96/L9 EST 4 1996 IMPRO CONST JUUI, CONTRACTING CO WATER SERVICE WORK page 1 ------------------------------- $10,133.65* GENERAL FUND DEPT NATURAL RESOURCES DNR FEES TO STATE JUUL CONTRACTING CO LABOR, BACKHOE -BLUFF BRIDGE KIRCHOFF, RONALD INFORMATION MONEY MN D.A.R.E. OFFICERS ASSOC 2 REGISTRATIONS MN DEPT OF REVENUE SALES TAX -QTR 1 OLD LOG THEATRE 46 FOR MATINEE & LUNCH HOUSING REDEV BLAZINSKI, LISA ROOFING RANNOW, JANIS PLUMBING WORK LIQUOR STORE CITY OF HUTCHINSON - GENERAL FUN PAYROLL 10/11/96 GRIGGS COOPER & CO SEPT BEER PURCHASE MN DEPT OF REVENUE TOBACCO TAX QUALITY WINE & SPIRITS CO. OCT LIQUOR PURCHASE STANDARD PRINTING FORMS PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. EMPLOYEE CONTRIB GREAT WEST LIFE INS. CO. EMPLOYEE CONTRIB H.R.L.A.P.R. EMPLOYEE CONTRIB ICMA RETIREMENT TRUST EMPLOYEE CONTRIB PERA LIFE INS CO. EMPLOYEE CONTRIB PERA- D.C.P. EMPLOYEE CONTRIB PRUDENTIAL EMPLOYEE CONTRIB PRUDENTIAL MUTUAL FUNDS EMPLOYEE CONTRIB PUBLIC EMPLOYEES EMPLOYEE CONTRIB • TEMPLETON INC EMPLOYEE CONTRIB WADELL & REED EMPLOYEE CONTRIB WITHHOLDING TAX ACCT EMPLOYEE CONTRIB c *> WATER /SEWER FUND JUUL CONTRACTING CO ROCK, CONCRETE -BLUFF ST MN DEPT OF REVENUE SALES TAX -QTR 1 WIRE TRANSFER PAYROLL FUND M DEPT OF REVENUE i� TAX $16,339.12 $16,339.12* $494.00 $2,689.80 $50.00 $50.00 $2,599.48 $851.00 $6,734.28* $3,900.00 $565.00 $4,465.00* $6,270.96 $22.40 $315.35 $1,281.47 $42.60 $7,932.78* $770.00 $100.00 $159.61 $2,641.91 $130.50 $ $241.02 180.00 $30.00 $15,013.86 9 448.46 150.00 $33,912.04 $53,777.40* $9,457.91 $11,196.30 $20,654.21* $120;036.44* $6,752.58 October 14, 1996 Ms. Sandra Payton Real Estate Department Carmike Corporation Box 391 Columbia, GA 31902 REF: State Theater - Hutchinson, MN SUB: HL- 128 -96 Dear Ms. Payton, FOR YOUR INFORMATION OCT 15 1996 ' I am writing to express concern over incidents which have occurred in the City parking lot directly behind the State Theater in Hutchinson, MN. I believe these problems are initiated or caused by tenants in the theater building apartments. On numerous occasions trash, old car batteries, couches, chairs, clothing, etc. are strewn around overflowing dumpsters. We have also experienced vandalism on our 45 Library Square building including a shattered entry door. Our greatest concern is for the safety of our staff and customers. Gang graffiti is spread across the rear wall of the theater, and groups tend to gather in the parking lot. There also has been police activity relating to the tenants where Is drugs were involved on at least one occasion. I do not believe this reflects well on Carmike as a corporation which recognizes its community responsibilities. Acting as a slum landlord does not speak well for the theater nor does it show concern about the well being of theater customers. If you would please check into this situation, I would appreciate it. Sincerely, Owners of Library Square Barbara Zajicek •� tJYv� t g is Tom EFaggett cc: Marlin Torgerson, Mayor Hutchinson. MN Chad Piehl John Beckman Steven Hansen Chief Madsen, Police Chief Hutchinson, MN (1" 71 j 11 I 4V - . • 11 FOR YOUR INFORMATION DATE: October 17, 1996 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: PUBLIC RECORD INFORMATION CARDS • The Planning Commission will be utilizing Public Record Information Cards beginning in November. Attached please find a sample of the card and the format we will be following. This is being used in other cities in Minnesota and serves their needs adequately from an informational perspective. RE I t City Center 111 Hassan Street SE Hutchinson, MN 55350.2522 (320) 587 -5151 Fax (320) 2344240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (320) 587 -2975 Fax (320) 2344240 Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (320) 587 -2242 Fax (320) 587 -6427 Printed on recycled paper - HUTCHINSON PLANNING COMMISSION Public Record Information Address: Telephone: (Optional) Agenda Item: (List number and letter) If you address the Commission, please complete the following and give to the secretary when you approach the microphone. This is to ensure that your name and address are correctly entered into the public record. Please limit your comments to five minutes unless you are granted additional time by the Commission. Indicate below if you need additional time. Applicants and petitioners are limited to a total of fifteen minutes. I will need additional minutes Please indicate by raisingyour hand ifyou are unable to approach the front of the Council Chambers and staff will provide you with a portable microphone. HUTCHINSON PLANNING COMMISSION Public Record Information Date: Name: Address: Telephone: Agenda Item: (List number and letter) If you address the Commission, please complete the following and give to the secretary when you approach the microphone. This is to ensure that your time and address are correctly entered into the public record. Please limit your comments to five minutes unless you are granted additional time by the Commission. Indicate below if you need additional time. Applicants and petitioners are limited to a total of fifteen minutes. I will need additional minutes. Please indicate by raising your hand ifyou are unable to approach the front of the Council Chambers and staff will provide you with a portable microphone- 8 HUTCHINSON PLANNING COMMISSION Public Record Information Address: Telephone: Agenda Item: (List number and letter) If you address the Commission, please complete the following and give to the secretary when you approach the microphone. This is to ensure that your name and address are correctly entered into the public record. Please limit your comments to five minutes unless you are granted additional time by the Commission. Indicate below if you need additional time. Applicants and petitioners are limited to a total of fifteen minutes. I will need additional minutes Please indicate by raising your hand ifyou are unable to approach the front of the Council Chambers and staff will provide you with o portable microphone. HUTCHINSON PLANNING COMMISSION Public Record Information Name: Telephone: (Optional) Agenda Item: (List number and letter) If you address the Commission, please complete the following and give to the secretary when you approach the microphone. This is to ensure that your name and address are correctly entered into the public record. Please limit your comments to five minutes unless you are granted additional time by the Commission. Indicate below if you need additional time. Applicants and petitioners are limited to a total of fifteen minutes. 1 will need additional minutes. Please indicate by raising your hand ifyou are unable to ap the front of the Council Chambers and staff will provide you portable microphone. DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE JANE VAN VALKENSURG RICHARD G. MEGEE CATHRYN D. REHER WALTER P. MICHELS. III 'ALSO ADMITTED IN TtM AND NEW YORK • ARNOLD, ANDERSON & DOVE PROFE5$10NAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (320) 587 -7575 FAX (320) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON October 15, 1996 Mr. Ric Hanson Triax Communications Corporation 212 15th Avenue Suite 2010 Waseca, Mn. 56093 Re: Cable Franchise Our File No. 3244 -92054 Dear Mr. Hanson: ,; ' ' ; '`395 OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN TERRI A. BLOMFELT •nn� 5681 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545.1793 FAX (612) 542 -9210 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 3892214 FAX (612) 389 -5506 FOR YOUR INFORMATION I write to you today in my official capacity as advisor to the Telecommunications Commission established by Hutchinson City Ordinance. This correspondence is a request for a meeting with representatives of Triax for the purpose of discussing a variety of issues as they affect cable television service in the City of Hutchinson. I recognize with the merger that you are no doubt busy meeting with a wide variety of communities and scheduling such a meeting might be difficult. However, I have checked with members of the Telecommunications Commission and, quite frankly, if you will simply give us a date and time when appropriate representatives from Triax would be available to meet in Hutchinson we will arrange to have the Commission present. In the past, we've had some difficulty with these kinds of meetings where the cable franchise holder has sent individuals who have no .authority and know very little about the community and cable television plans for the community. We would appreciate it if the designated Triax representative had sufficient knowledge to respond to the issues that are present in this community. Additionally we would also ask that a technical representative be present to answer specific technical questions regarding cable television service in Hutchinson. - -_- At the Telecommunications Commission meeting earlier this week a number of issues were discussed and the acting chair of the commission, Mark Guggemos, has asked that I bring these issues to your attention since it is likely they will be the subject of CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA%IATE BAR ASSOCIATION Mr. Ric Hanson October 15, 1996 page 2 discussion at the time we meet. These issues include but are not limited to the following: 1. Rebuild Process: Under the existing franchise agreement the franchise holder is required to rebuild the existing system using a fiber backed plan. This rebuild was to be completed within 3 years of the execution of the amendment to the franchise. The telecommunications commission will want to know what progress has been made on this rebuild effort and will also want to know a projected.completion date. Unserved Areas: There have been complaints from the Hutchinson Leader, a local downtown business, residents in the Hunter's Ridge area (see prior correspondence on this point) and property owners in the West Shore Drive area for cable service. To the best of my knowledge, none have received service. We have also received a complaint from Jamie Emans who has a business along Highway 7 West who has also not received service. 3. Complaints: In the absence"of a local office, residents are calling the city center to complain to city officials regarding cable service. There has frankly been an alarming number of calls. These complaints have been referred to your Waseca office. I can already tell you that the highly touted 11 800" number referenced in your prior correspondence results in busy signals to local residents or has otherwise proven in accessible. I think you can expect that this will be a point of some inquiry at the time we meet. 4. Country Club Terrace: While there are points of division between the City of Hutchinson and the cable franchise operator on this issue there ought to be points of agreement. As you no doubt know, the local mobile home park has for many years taken service at bulk rates and charged individual residents within the mobile home park top end market rates for cable service. This has deprived the city of franchise tax revenue and has also deprived the local access channel of - fees that it otherwise would be able to collect. From the standpoint of local public access, another way to put this concern is to note that essentially residents of the mobile home park receive public access services without contributing their fair share to the expense of same. Regardless, there were multiple discussions with Midwest Cablevision, your predecessor, about this problem, and I understood that the Larkin, Hoffman Law Firm had been retained to look into ways to get around the legal concerns and 11 �j 0 Mr. Ric Hanson October 15, 1996 page 3 charge the owners of the Country Club Terrace a fair rate for services rendered while allowing access fees and franchise taxes to be collected. There may be an opening here to resolve this issue because Country Club Terrace has a new manager although the previous owner does retain at least some ownership interest in the business. I presume there has been some discussion about this problem between Triax and Midwest and this will also be an issue that the Telecommunications Commission will want to discuss. 5. Local Office: , I understand that the local office has now been closed. It is my recollection of the franchise agreement that there is a requirement that a drop box be maintained. I have no independent knowledge that a drop box is not presently in use but this correspondence can serve as a reminder to you of the franchise requirement in that regard. Here again the city has had a number of complaints, particularly from elderly residents, who wish to pay their bill in cash or who otherwise wish to pay the bill in person. It was not my intention by providing this list of issues to you to indicate that the Telecommunication Commission desires that our meeting be adversarial; rather, these are all issues that have been around for some period of time and we want to see what progress Triax is making towards resolving them. The Commission certainly wants to act in a cooperative spirit but it does have responsibilities to the City Council which appointed the members to respond to the concerns of residents. I am enclosing and sending to you a copy of the list of Commission members so that your files are complete-in that regard. Should you have any question about any of these issues or any other matters that you feel need immediate attention please do not hesitate to contact the undersigned. Thank you. Best regards. Very truly yours, ARNOLD, ANDERSON & DOVE, PLLP G. Barry Anderson ' GBA:jm enc. HUTCHINSON FIRE DEPARTMENT 205 Third Avenue South East HUTCHINSON, MINNESOTA 55350 TO: Mayor and Council FROM: Brad Emans, Fire Chief u ► H I WARMTSM; 'Weh � SEPTEMBER 1996 The fire department responded to 25 calls for service in September. Breakdown of the City calls: 2 - Residential 7 - Commercial /Industrial It 1 Multi Family _ 2 School (Type Building) 1 - Rescue 1 - Haz- Material 3 - Vehicle Breakdown of the Rural calls: 1 - Residential 2 - 10 -52 2 - Rescue 1 - Medical 1 - Grass 1 - Haz - Material Drills /Meetings for the month: • SCBA Maintenance • Pumper Training • Table Top Haz -Mat • Haz- Mat/City Wide Drill • Firefighter Testing 0 /bb 1, 0 PIONEERLAND LIBRARY SYSTEM REVENUE AND EXPENDITURE REPORT SEPTEMBER 30, 1896 HUTCHINSON rop Yj)llR "'FOR EXPENDITURES: SALARIES M -T -D Y -T -D - 79,900.00 % OF % OF REVENUE: AMOUNT AMOUNT BUDGET BUDGET YEAR RESERVE 0.00 44,217.00 44,217.00 100.00% 75% CITY OPERATING 0.00 55,774.50 74,366.00 75.00% 75% COUNTY OPERATING 0.00 32,070.00 42,760.00 75.00% 75% GIFTS 200.00 2,920.58 2,150.00 135.84% 75% CHARGES, FINES 19.95 340.99 150.00 227.33% 75% EQUIPMENT RENTALS 0.00 25.00 50.00 50.00% 75% BOOK SALES' 1,949.70 1,949.70 1,200.00 162.48% 75% OTHER 0.00 20.63 0.00 0.00% 75% TOTAL REVENUES 2,169.65 137,318.40 164,893.00 83.28% 75% EXPENDITURES: SALARIES - 8,538.75 - 57,523.07 - 79,900.00 71.99% 75% HEALTH INSURANCE -76.24 - 886.18 - 1,084.00 63.30% 75% HEALTH INSURANCE- DEDUCTIBLE 0.00 - 320.00 - 320.00 100.00% 75% PAYROLL TAXES - 710.11 - 6,289.04 - 9,054.00 69.46% 75% BOOKS - 1,032.85 - 14,785.84 - 24,000.00 61.61% 75% PERIODICALS -19.95 - 2,472.82 - 4,500.00 54.95% 75% VIDEOS 0.00 - 350.00 350.00 100.00% 75% BINDINGS 0.00 -19.12 - 100.00 19.12% 75% POSTAGE & SHIPPING -72.00 - 688.00 4950.00 70.32% 75% NEW EQUIPMENT 0.00 0.00 - 8,000.00 0.00% 75% MAINTENANCE CONTRACTS 0.00 0.00 - 500.00 0.00% 75% SUPPLIES 0.00 - 770.72 - 1,200.00 64.23% 75% INSURANCE 0.00 - 1,051.91 - 1,052.00 99.99% 75% AUDITING 0.00 -63.75 - 64.00 99.61% 75% BOOKKEEPING -30.00 - 270.00 - 380.00 75.00% 75% SALES TAX - 119.61 - 120.53 - 200.00 60.27% 75% TOTAL EXPENDITURES - 8,599.51 - 85,390.98 - 131,634.00 84.87% 75% FUNDS AVAILABLE - 8,429.86 51,927.44 33,259.00 - 158.13% 75% 0 CITY OF HUTCHINSON MEMO Finance Depart November 7, 1 u: •; ; 1 As previously authorized there will be a budget workshop beginning at 4 p.m. on Tuesday, November 12. We will completed the general fund expenditures and adjustments that have been proposed up to this time. C. C. Directors • MEMORANDUM November 8, 1996 To: Mayor & City Council From: Marilyn J. Swanson, Administrative Secretary CA NCELLATION OF H 1 1 1 CI,OSED MEETIN 1 ► NOVEMBER i Due to the lack of response time from the contractor of the Osgood/Hayden/Lake Project, the formerly scheduled closed meeting on Tuesday, November 12, 1996, immediately following the regular City Council meeting, has been canceled. Both Barry Anderson and John Rodeberg see no need for one at this time.