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cp07-25-2006 cAGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JULY 25, 2006 If. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Father Bill Sprigler, St. Anastasia Catholic Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF JULY 11, 2006 Action - Motion to approve as presented 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JUNE 20, 2006, AND JUNE 28, 2006 2. PLANNING COMMISSION MINUTES FROM JUNE 20, 2006 3. PUBLIC LIBRARY BOARD MINUTES FROM APRIL 24, 2006, AND MAY 22, 2006 4. CITY OF HUTCHINSON FINANCIAL REPORT FOR JUNE 2006 5. CITY OF HUTCHINSON INVESTMENT REPORT FOR JUNE 2006 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12995 —RESOLUTION AMENDING RESOLUTION NO. 12992 AUTHORIZING PURCHASE OF LAND FOR ECONOMIC DEVELOPMENT 2. RESOLUTION NO. 13001 — RESOLUTION FOR PURCHASE (BIODIESEL) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF REZONING PROPERTY LOCATED AT 255 AND 287 HWY 7 EAST FROM INDUSTRIAL /COMMERCIAL TO R2 WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 06 -0441 FOR AUGUST 8, 2006) 2. CONSIDERATION OF LOT SPLITS ON OTTAWA AVENUE SE SUBMITTED BY PAUL BETKER WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NUMBERS 12996, 12997, 12998 AND 12999) 3. CONSIDERATION OF A LOT SPLIT LOCATED AT 1160 BLUEJAY DRIVE SW SUBMITTED BY BRUCE NAUSTDAL WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 13000) (d) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICNSE FOR DAVID WAJCMAN OF CLOTHING CONCEPTS FOR CLOTHING SALE JULY 26, 2006, AT RECREATION CENTER (e) CONSIDERATION FOR APPROVAL OF OUT -OF -STATE TRAVEL FOR RANDY DEVRIES TO ATTEND THE WATER ENVIRONMENT FEDERATION ANNUAL TECHNICAL EXHIBITION AND CONFERENCE ON OCTOBER 21 — 25, 2006, IN DALLAS, TEXAS CITY COUNCIL AGENDA — JULY 25, 2006 (f) CONSIDERATION FOR APPROVAL OF OUT -OF -STATE TRAVEL FOR LENNY RUTLEDGE TO ATTEND THE INTERNATIONAL CODE COUNCIL HEARINGS ON SEPTEMBER 21 — 29, 2006, IN • ORLANDO, FLORIDA (g) CONSIDERATION FOR APPROVAL OF FAIRWAY ESTATES 3RD ADDITION SUBDIVISION AGREEMENT (h) CONSIDERATION FOR APPROVAL OF PURCHASE OF MED NET IV SOFTWARE SYSTEM AS REQUESTED BY HUTCHINSON AREA HEALTH CARE (i) CONSIDERATION FOR APPROVAL OF SURGERY REMEDIATION PROJECT AS REQUESTED BY HUTCHINSON AREA HEALTH CARE Action — Motion to approve consent agenda 7. PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION OF ISSUING TAX EXEMPT HOUSING AND HEALTH CARE REFUNDING REVENUE BONDS AND AUTHORIZATION OF AMENDED AND RESTATED JOINT POWER AGREEMENT (THE OAKS) Action — Motion to reject — Motion to approve (b) REVIEW OF SCHOOL ROAD/HIGHWAY 7 UNDERPASS Action - 8. COMMUNICATIONS, REQUESTS AND PETITIONS UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF CALLING FOR SALE OF 2006 IMPROVEMENT BONDS, GENERAL OBLIGATION WATER BONDS AND GENERAL OBLIGATION WASTEWATER BONDS Action — Motion to reject — Motion to approve 10. NEW BUSINESS (a) CONSIDERATION OF ORDINANCE NO. 06 -0440 — AN ORDINANCE ESTABLISHING A PROCEDURE FOR ENFORCING ADMINISTRATIVE PENALTIES FOR CERTAIN PETTY MISDEMEANORS AND MUNICIPAL CODE VIOLATIONS (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR AUGUST 8, 2006) Action — Motion to reject — Motion to approve (b) CONSIDERATION OF ORDINANCE NO. 06-0442 — AN ORDINANCE AMENDING CHAPTER 120 OF THE CURRENT PAWNBROKERS ORDINANCE (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR AUGUST 8, 2006) Action — Motion to reject — Motion to approve (c) DISCUSSION OF LOCAL SALES TAX Action — (d) CONSIDERATION OF ITEMS REGARDING DENVER AVENUE SE EXTENSION PROJECT (LETTING NO. 3, PROJECT NO. 06 -03) • - CONSULTING AGREEMENT AMENDMENT WITH SEH CONSULTING REGARDING DENVER AVENUE SE DESIGN SERVICES (CONTINUED FROM EARLIER MEETING) - CONSULTING AGREEMENT WITH SEH CONSULTING REGARDING DENVER AVENUE SE CITY COUNCIL AGENDA —JULY 25, 2006 CONSTRUCTION SERVICES (e) CONSIDERATION FOR APPROVAL OF TASK ORDER NO. 5 — WASTEWATER TREATMENT FACILITY SCADA SYSTEM (LETTING NO. 13, PROJECT NO. 06 -15) Action — Motion to reject — Motion to approve (f) CONSIDERATION FOR APPROVAL OF PHOSPHORUS GRANT APPLICATION RESOLUTION Action — Motion to reject — Motion to approve (g) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL BUDGET WORKSHOP FOR AUGUST 15, 2006, AT 3:00 P.M. AND PUBLIC HEARING FOR AUGUST 22, 2006, AT 6:00 P.M. Action — Motion to reject — Motion to approve 11. MISCELLANEOUS (a) COMMUNICATIONS 12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 13. ADJOURN • • MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JULY 11, 2006 CALL TO ORDER — 5:30 P.M. Mayor Steve oo ca e t e meeting to order. Members present were Kay Peterson, Jim Haugen, Bill Arndt and Casey Stotts. Others present were Gary Plotz, City Administrator, John Rodeberg, Public Works Director and Marc Sebora, City Attorney, 2. INVOCATION — Father Salsbury, St. Anastasia Catholic Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF JUNE 27, 2006 Motion by Arndt, second by Haugen, to approve the minutes as presented. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING DEPARTMENT MONTHLY REPORT FOR JUNE 2006 2. FIRE DEPARTMENT MONTHLY REPORT FOR JUNE 2006 3. CITY OF HUTCHINSON GENERAL FUND FINANCIAL REPORT FOR MAY 2006 4. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR MAY 2006 • 5. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR MAY 2006 6. CITY OF HUTCHINSON INVESTMENT REPORT FOR MAY 2006 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12982 — RESOLUTION AUTHORIZING SALE OF UNCLAIMED BICYCLES 2. RESOLUTION NO. 12983 —RESOLUTION AUTHORIZING SALE OF UNCLAIMED PROPERTY 3. RESOLUTION NO. 12984 — RESOLUTION AUTHORIZING USE OF THE AUTOMARK IN ALL PRECINCTS FOR 2006 PRIMARY AND GENERAL ELECTIONS 4. RESOLUTION NO. 12990 — RESOLUTION FOR PURCHASE (UNLEADED GASOLINE AND BIODIESEL) 5. RESOLUTION NO. 12991— RESOLUTION FOR PLEDGED SECURITIES FROM MIDCOUNTRY BANK 6. RESOLUTION NO. 12993 — RESOLUTION TRANSFERRING FUNDS FROM THE 2004C REFUNDING TAX INCREMENT TO 1992 TAX INCREMENT DEBT SERVICE FUND 7. ORDINANCE NO. 06 -0438 — AN ORDINANCE AMENDING THE MAIN STREET SIGN • ORDINANCE (SECOND READING ANDADOPTION) (c) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR CROW RIVER 5 (C CITY COUNCIL MINUTES — JULY 11. 2006 ARTS, INC. ON DECEMBER 22, 2006, AT CROW RIVER ARTS STUDIO • (d) CONSIDERATION FOR APPROVAL OF SHORT -TERM 3.2 MALT LIQUOR LICENSE FOR MCLEOD COUNTY FAIR BOARD ON AUGUST 16-20,2006, AT MCLEOD COUNTY FAIRGROUNDS (e) LETTING NO. 11, PROJECT NO. 06 -13 (AIRPORT T- HANGAR) — APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Items 5(b)1 and 5(b)6 were pulled for separate action Motion by Haugen, second by Stotts, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 5(b)l had further discussion. Council Member Arndt questioned the amount of bicycles that are included on the list to be sold at auction. Police Chief Hatten stated that since bicycles are not licensed, if no one comes in and positively identifies them to be claimed, they are sold at auction. Chief Hatten encouraged bicycle owners to register and license their bicycles with the police department. This is done for no charge. Motion by Peterson, second by Arndt, to approve Item 5(b)l. Motion carved unanimously. Item 5(b)6 had further discussion. Mayor Cook asked Ken Merrill, Finance Director, to explain this item in more detail. Mr. Merrill explained that a few years ago the legislature changed the formula for computing tax capacity commercial property values. This affected tax increments. Because of this, it is necessary for funds to be transferred from one district to another in order to make tax increment payments. Motion by Peterson, second by Stotts, to approve Item 5(b)6. Motion carried unanimously PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION OF 2006 IMPROVEMENT PROGRAM - LETTING NO. 7, PROJECT NOS. 06-07 & 06-09 (DENVER AVENUE) —ADOPTING ASSESSMENT, ACCEPTING BID AND AWARDING CONTRACT - LETTING NO. 3, PROJECT NO. 06 -03 (2006 PAVING AND TRAIL PROGRAM) — ADOPTING ASSESSMENT, ACCEPTING BID AND AWARDING CONTRACT Lettin No. 3 Pro ect No. 06 -03 Kent Exner , City Engineer, presented before the Council. Mr. Exner gave an overview of the project scope. The City pays for 50% of the residential street improvements and 80% of the alley improvements. The City will be paying 100% of the water distribution system improvements. The assessments for the residential streets improvements are estimated to average $25 - $30 /frontage foot and the downtown alley estimated assessments are ranging from $8 - $10 /frontage foot. Mr. Exner stated that feedback was received from some residents on Lewis Avenue as to the necessity of the same applications since it is a narrow, one -way street with parking only allowed on one side. Because of this, staff is suggesting a reduction to the proposed assessments on Lewis Avenue because of the limited benefits. This will lower the frontage footage rates down approximately $7.00 for Lewis Avenue residents. Mark Cormier, 138 Main Street South, presented before the Council. Mr. Cormier stated that the alley behind his business has lots of traffic and currently has many large potholes that seem to be safety issues. Mr. Cormier was not aware that property owners were going to be assessed for these improvements because they are maintenance issues. Mr. Cormier raised issues that the alley may be worked on again in five years. However, Mayor Cook noted that owners would be credited the principle amount. Mr. Cormier suggested doing a complete reconstruction up front instead of doing it twice within such a short amount of time. • Angie Juergens, 122 South Main Street, presented before the Council. Ms. Juergens asked if her driveway could be reconstructed with the same contractor that will be doing the work on the alley. Kent Exner stated that a private arrangement could be made between her and the contractor. CITY COUNCIL MINUTES —JULY 11. 2006 Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. • Mayor Cook noted that he understands Mr. Cormier's concerns but the City does not have enough money this year to conduct a complete reconstruction. The hope and plan is that this maintenance work will give the alley 10 -15 more years of life. Again, credits will be applied to any future projects. Motion by Arndt, second by Stotts, to approve adopting assessment, accepting bid and awarding contract on Letting No. 3, Project No. 06 -03. Motion carried unanimously. Letting No. 7, Project Nos. 06 -07 & 06 -09 Kent Exner noted that this project is to extend Denver Avenue to the east. Staff has been working with Farr Development, Ridgewater College and Applebee's regarding this street construction. Mr. Exner stated that Ridgewater College's assessments will be deferred for five years and Farr Development's assessments will be assessed over a 10 -year term. Ken Merrill, Finance Director, stated that the City's financial advisor, Ehlers & Associates, has informed him that by spreading out the life of the assessment payments from Farr Development will not impact the bonding program. Motion by Peterson, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Peterson, second by Haugen, to approve adopting assessment, accepting bid and awarding contract for Letting No. 7, Project Nos. 06 -07 & 06 -09. Motion carried unanimously. 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS (a) DISCUSSION OF PUBLIC COMMENT PERIOD AT THE BEGINNING OF THE CITY COUNCIL AGENDA • Council Member Stotts stated that an idea he thought of was to put a public comment period at the beginning of the agenda to discuss items that are not listed on the agenda. This would eliminate attendees having to sit through a two- to three -hour meeting and speak for a few minutes at the end. Council Member Stotts suggesting having a certain amount of time allotted. Mayor Cook noted that he does not want this to take away providing interested persons the opportunity to speak on a specific agenda item. That would not be the intention. Motion by Arndt, second by Stotts, to include on the next City Council agenda a Public Comment agenda item following the Pledge of Allegiance. Motion carried unanimously. 9. NEW BUSINESS (a) REVIEW OF CITY OF HUTCHINSON 2005 YEAR -END REPORT AND CONSIDERATION FOR APPROVAL OF ACCEPTING AUDIT REPORT Kyle Meyers, Abdo, Abdo, Eick and Meyers, presented before the Council. Mr. Meyers reviewed the 2005 audit before the Council. Mr. Meyers noted that the net assets of the City was approximately $175 million. The general fund balance for 2005 was approximately $4.5 million. The enterprise funds saw an increase in net assets. Mr. Meyers concluded that the City's funds are healthy, however some capital improvement funds should be closed into another fund once paid off. Motion by Arndt, second by Stotts, to approve accepting 2005 City of Hutchinson audit report. Motion carried unanimously. (b) ITEMS REGARDING PROPOSED HIGHWAY 7 PEDESTRIAN UNDERPASS NEAR SCHOOL ROAD - DISCUSSION OF LOCATION OF UNDERPASS — AS REQUESTED BY JOHN MILLER - CONSIDERATION OF APPROVAL TO PERFORM APPRAISAL ON HISTORICAL SOCIETY • PROPERTY John Rodeberg, Public Works Director, presented before the Council. Mr. Rodeberg gave an overview of 5(a) CITY COUNCIL MINUTES— JULY]], 2006 the history of this proposed project. In 1993, the City received a grant to study bicycle and pedestrian friendly development, focus group meetings were held and "The Hutchinson Project' was launched. In • addition, a Light Traffic Task Force was established and an action plan was completed. Through the task forces, focus groups and studies it was learned that TH 7 and School Road was specifically noted as a major area of concern and several overpass and underpass options were reviewed. Two sites were determined to be the most feasible: an underpass west of School Road and an overpass near Bluff Street. Generally, overpasses are less expensive and have a more desirable ramp slope. In 2005, the City applied for a federal grant for this project and received $680,000. By coordinating this pro ect with the Hwy 7 project, it reduces the cost of the construction of the underpass by approximately $70,000. The City is proposing to use Municipal State Funds for the majority of the remaining costs of the project. If the City should opt to construct an underpass at a later date, the cost could be estimated at $2million or more. Mr. Rodeberg noted that the next steps for the Council to consider are affirming the project scope and completing the pre- design, start the property acquisition process, review and determine funding options, acquire state aid variance, complete the final design, submit technical memorandum and develop TH 7 supplemental agreement. The tentative schedule for this project is to begin construction in July 2007 with the project completed in October 2007. Mr. Rodeberg commented that staff has worked with the McLeod County Heritage Center regarding the location of the underpass. John Korgiebel, School Road resident and McLeod County Heritage Center Board Member, presented before the Council. Mr. Korgiebel stated that a few weeks ago John Miller, who recently passed away, called him and had some comments that he had shared with Mr. Korngiebel. Mr. Korgiebel expressed that he feels the design of the underpass seems to be acceptable. He expressed that he feels this needs to be • ramped in with the bike lane over School Road. Mr. Korgiebel expressed concerns about safety. Mr. Korgiebel also suggested having ornamental railings on the trail. He also suggested timing the lights better to allow more time for crossing at Hwy 7. Lee Salmi, 4 9`s Ave. NE, presented before the Council. Mr. Salmi stressed that this project must surge forward. He spoke about several close calls of crossing Hwy 7. He feels this is a safety issue. Lori Stengel, Executive Director McLeod County Historical Society, presented before the Council. Ms. Stengel thanked City staff for looking at variations to the location of the trail on the museum's property. Ms. Stengel stated that the museum board is not against having an underpass, but needs to keep in mind the future use of their land. The board wishes to have the trail moved further west. The board has some concerns about vandalism, maintenance, aesthetics, etc. They are also inquiring as to what they will get for having this trail on their property. Loren Retting, 456 Shady Ridge Road, presented before the Council. Mr. Retting noted that he has approximated 200 people using the School Road/Hwy 7 intersection per day. He also noted that he is aware that many parents do not allow their children to cross at this intersection. He feels that this project should move forward and is needed. Ed Doring, 1282 Rolling Oaks Lane, presented before the Council. Mr. Doring stated that he worked on some of the task forces in the 1990s to preserve safe bicycle riding. He feels this area has high traffic and links to the schools. He feels this project needs to move forward. Claire Lenz, 550 Campbell Court, presented before the Council. Ms. Lenz stated that she has contacted two of the council members regarding issues they had. Ms. Lenz stated that she and her children visited 250 homes in the City and did they did not hear one negative comment. Ms. Lenz encouraged the project. • Roger Kranz, Rolling Oaks Lane, presented before the Council. Mr. Kranz stated he is in favor of the project but he hopes the City does not procrastinate any more than it has to so this becomes a dead issue. Dennis Heckes, McLeod County Museum Board Member and private citizen, presented before the Council. 4 CITY COUNCIL MINUTES —JULY]], 2006 Mr. Heckes thanked City officials and staff for working with the museum. Mr. Heckes is not necessarily opposed to the current plan, but he would encourage tweaking the plan a bit more if possible. Mr. Heckes • did stress that something needs to be done with the traffic signal to cross at Hwy 7. Marlin Tor�erson presented before the Council. Mr. Torgerson noted that he has grandchildren that come and visit him that like to ride bicycles. Mr. Torgerson reminded the Council of the controversy of the construction of the School Road bridge and how successful that turned out. He commended City staff and officials on research and studies that are conducted with respect to projects. General discussion was held regarding actions that should be taken. Motion by Cook, second by Peterson, to set public hearing for July 25, 2006, at 6:00 p.m. to provide an official opportunity for the public to be heard. Motion carved unanimously. Motion by Peterson, second by Haugen, to authorize John Rodeberg to begin discussions regarding property acquisition with the McLeod County Heritage Center. Motion carved unanimously. Mayor Cook thanked everyone for attending tonight. He noted that he voted against this issue at the last meeting mainly due to the cost. Since that time he has done much research and visited several underpasses. Some of his concerns were laid to rest after these visits. One of the main things that the Council needs to consider is this project along with all the projects proposed in the capital improvement plan. John Hassinger, 546 2d Avenue, presented before the Council. Mr. Hassinger asked for clarification for the purpose of the public hearing on July 25 . Mayor Cook noted that the purpose is to officially hold a public eanng to allow more citizens to be heard on the issue. (c) CONSIDERATION FOR APPROVAL OF LAND ACQUISITION IN INDUSTRIAL PARK AS REQUESTED BY THE HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY (TWO LOTS WEST OF CENEX) • Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that some parcels of property that were purchased years ago in the Industrial Pazk have deferred assessments that have built up so high that it is making it difficult for the property owner to sell lots. Mr. Seppelt further explained that the EDA Board has recommended purchasing these lots with the proceeds from the land sale to Warrior Manufacturing. In addition, the City would acquire the pond in this area. This acquisition would then remove the deferred assessments from the roll. Miles Seppelt also requested on behalf of the EDA Board that the dollars used to acquire this land be associated to the EDA since the bonds have already been paid off. Motion by Stotts, second by Peterson, to approve land acquisition as requested by the Hutchinson EDA in the Industrial Park, adopting Resolution No. 12992. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF CALLING FOR SALE OF 2006 IMPROVEMENT BONDS, GENERAL OBLIGATION WATER BONDS AND GENERAL OBLIGATION WASTEWATER BONDS Ken Merrill, Finance Director, spoke before the Council. Mr. Merrill noted that all of the numbers have not been able to be put together and asked that this item be deferred to the July 25, 2006, City Council meeting. Motion by Peterson, second by Haugen, to approve deferring this item to July 25, 2006. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF PUBLIC FACILITIES AUTHORITY BONDING RESOLUTION TO FUND CONSTRUCTION OF THE WATER TREATMENT FACILITY Gary Plotz, City Administrator, stated that this resolution was prepared by the City's bond counsel. Mayor Cook noted that there is a typographical error between the written numbers and the currency number. It was • noted that the resolution is referring to the $12 million figure. Motion by Stotts, second by Peterson, to approve public facilities authority bonding resolution, noting that the written numbers should be changed. Motion carried unanimously. CITY COUNCIL MINUTES —JULY 11, 2006 10. MISCELLANEOUS • (a) COMMUNICATIONS Marc Sebora — City Attorney Sebora reminded those entities that are eligible for the exemption to the no smoking ordinance that they must apply by July 15, 2006. Bill Arndt — Council Member Arndt noted that City Engineer, Kent Exner, spoke at the last minute to the Kiwanis Group regarding the Hwy 7 project and he did a commendable job. Council Member Arndt also observed the mosquito spraying operations last night and a careful job was completed. Council Member Arndt noted that new trees that have been planted should continue to be watered by homeowners. Casey Stotts — Council Member Stotts noted that he would like to discuss enacting administrative penalties at the next City Council meeting. Gary Plotz — Mr. Plotz noted that a watering ban has been put in place and will allow watering by odd - numbered houses on odd - numbered dates and even - numbered houses on even - numbered days. This is due to the lack of rain, predicted continuation of warm and dry weather and water treatment plant pumping capacity issues. Mr. Plotz requested that the Council approve this ban. Motion by Arndt, second by Haugen, to approve this watering ban. Motion carried unanimously. F Gary Plotz noted that the yellow ribbons that have gone up recently were done by the Family Readiness Group. They were granted approval to do this back in November 2005. John Rodeberg — Mr. Rodeberg commented and gave updates on the Hwy 7 project. He also gave an update on the water treatment plant construction. • Steve Cook — Mayor Cook suggested the Council start discussing the topic of local sales tax and the various uses. He reminded the Council that this item is something that the public ultimately votes on. Mayor Cook also reminded everyone that filing is open for City offices. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Arndt, second by Peterson, to approve claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN Motion by Arndt, second by Peterson, to adjourn at 8:15 p.m. Motion carried unanimously. • 5() Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, June 20, 2006, 7:00 AM Minutes 1. CALL TO ORDER: Chairman Casey Stotts called the meeting to order. Members Present: Becky Felling and Thor Skeie. Staff Present: Jean Ward and Judy Flemming. 2. MINUTES OF THE HRA BOARD MEETING ON MAY 16, 2006 Thor Skeie moved to approve the Minutes as written. Becky Felling seconded and the motion carried unanimously. 3. FINANCIAL REPORTS Thor Skeie moved to approve the Financials. Becky Felling seconded. Thor Skeie amended the motion to approve payment of bill received from HRLARP. The amended motion carried unanimously. 4. PARK TOWERS a. Jean Ward reviewed with the Board the closeout documents for the apartment renovation project. Becky Felling moved to approve the closeout documents for the apartment renovation project that includes: • Change Order 10 —Deduct $575.90 • Execution of Certificate of Substantial Completion • Approval to Void Check #9385 for $20,520 and Change Payment to $19,944.10. Thor Skeie seconded and the motion carried unanimously. b. Jean Ward reviewed with the Board the ACC Agreement for the 2006 CFP. Thor Skeie moved to execute the ACC Agreement for the 2006 CFP. Becky Felling seconded and the motion carried unanimously. c. Becky Felling moved to set the Public Hearing for the Agency Annual Plan for 7:30 AM, August 15'" at City Center Main Conference Room. Thor Skeie seconded and the motion carved unanimously. d. Jean Ward updated the Board on the ruling of exemption from asset management accounting. Becky Felling moved to not proceed with asset management accounting. Thor Skeie seconded and the motion carried unanimously. e. Becky Felling moved to approve execution of the Housing with Services Registration. Thor Skeie seconded and the motion carried unanimously. 5. HHPOP a. Jean Ward updated the Board about the Rolling Meadows Homeowners Association. b. Jean Ward updated the Board on Existing CASA Taskforce — Employer Based initiative. Three employers are interested on being on the taskforce. Will be scheduling the first meeting sometime in the beginning of July once the 3M person is available. Jean also asked the Board if they would be willing to do a match of funds raised if a fundraiser is proposed. The Board agreed to the idea. c. Becky Felling moved to approve HHPOP Loan #8817 for Rolling Meadows East contingent to the loan review committee's approval. Thor Skeie seconded and the motion carried unanimously. June 20, 2006 Minutes Pagel of 2 �6. SCHOOL CONSTRUCTION PROGRAM UPDATE a. Jean Ward updated the Board on the sale of the home. b. Becky Felling moved to approve execution of the MHFA CRV 2 %Construction Financing Loan. Thor Skeie seconded and the motion passed unanimously. c. Becky Felling moved to approve the payment of $1,500 appliance allowance. Thor Skeie seconded and the motion passed unanimously. d. Jean Ward informed that there was an interested homebuyer for next years school construction home. It FRANKLIN-GROVE NEIGHBORHOOD PROJECT UPDATE a. Becky Felling moved to approve Resolution #06 -09, to Amend the Franklin - Grove Street Housing Rehabilitation Project Area in the SCDP Procedural Guidelines. Thor Skeie seconded and the motion passed unanimously. b. Becky Felling moved to approve Loan #8680 -30, Franklin Grove Neighborhood SCDP loan up to $15,000 & City Revolving Loan up to $10,000 contingent to the loan review committee's approval. Thor Skeie seconded and the motion carried unanimously. 8. DOWNTOWN HOUSING UPDATE Jean Ward informed the Board that there would be a presentation of some conceptual ideas for the downtown sites in July. Once she knows the date she will let the Board know. 9. REVIEW OF INTERESTED CANDIDATES FOR HRA BOARD POSITION The Board reviewed the interested candidates and will make a decision next month. 10. DRAFT 2007 BUDGET Jean Ward reviewed with the Board a memorandum describing the changes to the budget. Becky Felling moved to approve the draft 2007 budget and to forward it to Ken Merrill, City Finance Director. Thor Skeie seconded and the motion carried unanimously. 11. AVIAN FLU PLAN Jean Ward discussed some ideas with the Board on what to include in the Avian Flu Plan. 12. COMMUNICATIONS Thank You Note from Dan Carlson 13. ADJOURNMENT There being no other business, Chairman Casey Stotts declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director June 20, 2006 Minutes Becky Secretary/Treasurer Page 2 of 2 (p (a)i s Hutchinson Housing & Redevelopment Authority Wednesday, June 28, 2006 Minutes 1. Judy Flemming called the following Board members: Chairman Casey Stotts, Becky Felling and Thor Skeie. 2. All the Board members called approved the HHPOP loan that was reviewed and approved by the loan review committee for the homebuyer that is purchasing the school construction house. Recorded by Jean Ward, HRA Executive Director June 28, 2006 Minutes Jecretary/ Treasurer Page 1 of 1 G C�) MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 20, 2006 Hutchinson City Council Chambers CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Kirchoff at 5:30 p.m. with the following members present: John Lofdahl, Jim Haugen, Lynn Otteson, Mike Flaata, Farid Currimbhoy, Robert Hantge and Chairman Kirchoff. Absent: None Also present: Rebecca Bowers, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated May 16, 2006 Mr. Haugen moved to approve the minutes of May 16, 2006 as submitted. Seconded by Mr. Hantge. The minutes were approved unanimously. 10 3. PUBLIC HEARINGS a) CONSIDERATION OF A VARIANCE TO REDUCE DRIVEWAY SETBACK TO 0 FEET TO REPLACE EXISTING HARDSURFACED SHARED DRIVEWAY LOCATED AT 619 AND 631 — 2ND AVE S.W. Chairman Kirchoff opened the hearing at 5:35 p.m. with the reading of publication #7474 as published in the Hutchinson Leader on June 8, 2006. Ms. Baumetz commented on the request to hardsurface a shared driveway and explained the driveway limitations to meet setback. She reported the hardship given by the property owners was the driveway was shared since 1951 before the ordinance was in place. She stated staff would recommend approval of the request with the following findings and recommendations: 1. Undue hardship has found due to the existing shared driveway, which is unique to the property and was constructed prior to current zoning regulations. 2. The driveway could not be reconstructed within current requirements with a reasonable driveway width due to its unique conditions and placement on the property. 3. The applicants will reconstruct the driveway with a valley • gutter in the center of the driveway to promote drainage to the street. Gtp-)C-) -, Minutes Planning Commission —June 20, 2006 Page 2 4. Water service curb stops must be re- installed (or replaced • if necessary) per City standards. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 5:45 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Currimbhoy. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held June 27, 2006 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF AN 8 LOT PRELIMINARY AND FINAL PLAT TO BE KNOWN AS FAIRWAY ESTATES THIRD ADDITION Chairman Kirchoff opened the hearing at 5:46 p.m. with the reading of publication #7475 as published in the Hutchinson Leader on June 8, 2006. Ms. Bowers commented on the submittal and noted this is the final phase of the development and will complete the development. She commented on the lot sizes and explained the need for a private cul-de -sac for snow storage and removal. She reported the staff would recommend approval of the request with the following recommendations: 1. A subdividers agreement must be executed prior to filing of the • final plat. 2. Any relocation of utilities is the applicant's responsibility. 3. Heritage Court must be a private street with appropriate cul -de- sac sizing and without center islands. 4. All fees are required prior to commencement of construction. 5. No access allowed on County Rd. 12. 6. Trees on Lot 8 must remain in place or replaced if removed for construction. 7. Fees will include escrowing $200.00 per tree, two trees per lot or $1600.00. Engineering fees to be escrowed are 7% minus the grading and a letter of credit for 100% of the construction cost minus the grading is required. There is an $800.00 electric territory fee per lot, $215.00 parkland contribution fee and sewer and water access fee of $2720 per lot. These fees are charged at the time of the building permit submittal. 8. The property must be within 6 inches of final grade for private utilities to be installed. Mr. Exner commented on the maintenance concerns of cul-de -sacs with islands and the narrow width of the lots at the cul-de -sac. He stated it is in the City's best interest for the street to be private. He reported there are other areas of this development with private bump -outs and cul -de -sacs. Discussion followed on the private and public street maintenance and the • need to add a requirement to assure the private street maintenance is completed in a timely manner. Atty. Sebora stated it doesn't always get �P`o—)� Minutes Planning Commission —June 20, 2006 Page 3 followed through. Discussion followed on homeowner's associations and • the fact this development does have other private cul-de -sacs. Ms. Bowers commented on the request to change the plat which was approved several years ago. It may be difficult to change the plat at this stage. Discussion followed on requiring the developer to plow the street. Atty. Sebora commented on the development agreement which could spell out the snow removal and maintenance on the development. Cara Otto, Otto Assoc., commented on why they proposed the public street. She stated the developer recognizes there are other private streets in the development and the association would cover the snow removal. She explained Lot 8 has trees that will serve as a buffer zone. She reported the developer is agreeable making the cul -de -sac a private street. Discussion followed on the cost of snow removal in cul -de -sacs and the emergency service accessibility. Mr. Exner stated this cul-de -sac is large enough at a 60' right -of -way and 45' radius. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Lofdahl the hearing closed at 6:08 p.m. Mr. Otteson made a motion to recommend approval of the request with staff recommendations adding to item 3 "The developer will set up a homeowner's association to address snow removal and plowing in the cul-de -sac. If it is necessary for the City • to remove snow from the cul-de -sac, the City will assess all charges of the snow removal to the property owners." Also, add to number 6, "Trees on Lot 8 must remain in place or be replaced after construction." Seconded by Mr. Currimbhoy. The motion carried unanimously. Ms. Bowers stated this item will be placed on the City Council consent agenda at their meeting held June 27, 2006 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF A TWO LOT PRELIMINARY AND FINAL PLAT AND SITE PLAN REVIEW TO BE KNOWN AS REGIONAL EYE SPECIALISTS ADDITION LOCATED IN THE MENARDS ADDITION PLAT Chairman Kirchoff opened the hearing at 6:10 p.m. with the reading of publication #7476 as published in the Hutchinson Leader on June 8, 2006. Ms. Bowers explained the applicant and property owners have requested tabling this submittal. Ms. Bowers suggested tabling the item until there is resolution to the platting of the property. Mr. Lofdahl made a motion to table and item. Seconded by Mr. Haugen. The motion carried unanimously. d) RECONFIRMATION OF A 3 LOT PRELIMINARY PLAT AND FINAL PLAT TO BE KNOWN AS CALAFORD PLACE (PRELIMINARY PLAT • WAS UNDER HUTCHINSON SENIOR CAMPUS) Minutes Planning Commission —June 20, 2006 Page 4 • Chairman Kirchoff opened the hearing at 6:12 p.m. with the reading of publication # 7477 as published in the Hutchinson Leader on June 8, 2006. • Ms. Bowers commented on the need to reconfirm the large preliminary plat because of the lapse of time between action on the 3 lot preliminary plat and the final plat. She explained action on the final plat of 3 outlots does not include the previous site plan. She stated the outlots must come back to the City for future development. She stated individual site plans will be required for each lot. Ms. Bowers reported staff would like to see the final plat move forward to obtain right -of -way for Denver Avenue. Mr. Exner explained the City asked Farr Development to move forward with the plat to establish the Denver Avenue right -of -way. He stated Montreal Street will be completed when the property is developed. Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Hantge the hearing closed at 6:16 p.m. Mr. Lofdahl made a motion to recommend approval of the request for final plat with staff recommendations. Seconded by Mr. Hantge. The motion carried unanimously. Mr. Lofdahl made a motion to reconfirm the preliminary plat. Seconded by Mr. Hantge. The motion carried unanimously. Ms. Bowers stated this item will be placed on the City Council consent agenda at their meeting held June 27, 2006 in the Council Chambers at 5:30 p.m. Atty. Sebora excused himself to attend another meeting. Mr. Hantge asked Atty. Sebora about hardships for approving variances and the City Council recommending a historical significance hardship. Atty. Sebora agreed what would qualify as a historic building or architectural style. There has been a local historical placement on buildings in town. A definition of historical significance should be determined to amend the ordinance. Staff was directed to check with other cities. Mr. Haugen commented on the need for a hardship and the applicants request. It was determined Planning Commission and City Council can not determine the historic significance of a building. e) CONSIDERATION OF AMENDMENT TO THE MAIN STREET SIGN ORDINANCE Chairman Kirchoff opened the hearing at 6:30 p.m. with the reading of publication # 7478 as published in the Hutchinson Leader on June 8, 2006. Ms. Baumetz explained the makeup of the Physical Appearance Committee. She reported this committee is a subgroup of the Hutchinson Downtown Association and includes downtown business owners and staff. She commented on the changes. 10 the Haugen made a motion to close the hearing. Seconded by Mr.Hantge the hearing closed at 6:41 p.m. Ms.Otteson made a motion to recommend to &_)), Minutes Planning Commission —June 20, 2006 Page 5 • approval of the request with staff recommendations. Seconded by Mr. Flaata. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council regular agenda, on request of the City Administrator, at their meeting held June 27, 2006 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS Mr. Flaata commented on the Rolling Meadows pond and the possibility of the City getting it back. Ms. Bowers stated we will update the Planning Commission on what happens with this development. Discussion followed on who pays if the City gets the outlot back. Mr. Haugen commented on the discussion by the City Council. Ms. Bowers stated this is not an uncommon problem with homeowner associations. 5. OLD BUSINESS a) REVISION TO A LOT SPLIT AT 175 OAK LN Ms. Baumetz commented on the request to revise the lot split approved by the Planning Commission and City Council in May. Mr. Exner commented on the placement of the water main and the easement description. He stated it may be possible to excavate the water main with the easement provided. This is a public main. • Mr. Jonas commented adding the easement is the best solution to the problem. He stated Juul contracting identified the water main. Mr Haugen made a motion to approve the revision. Seconded by Ms. Otteson. The motion carried unanimously. This item will be placed on the City Council consent agenda for the June 27, 2006, meeting. b) Discussion followed on the Klein garage variance at 589 Hassan Street S.E. and the clarity of the ordinance regarding habitable space. The consensus of the Planning Commission is to fairly enforce the ordinance. Ms. Bowers stated Historic Hutchinson feedback would be helpful and will take time. Discussion followed regarding preserving the look of the buildings. There was also discussion regarding garages in the front yard and the ordinance regulating lake lots, in which case, the front yard may be the lake side of the lot. 6. COMMUNICATION FROM STAFF a) WATER TREATMENT FACILITY FACADE UPDATE Mr. Exner commented on the water treatment exterior colors and the precast stone window treatments and the contrast. He stated neutral colors were less expensive. The reservoir has the same colors. Window • frames are light bronze. He commented on the translucent panels. Completion will possibly be February or March 2007. Minutes Planning Commission — June 20, 2006 Page 6 • 7. ADJOURNMENT There being no further business the meeting adjoumed at 7:12 p.m. 0 • (,W), Minutes Hutchinson Public Library Board • April 24, 2006 Members present: John Paulsen, Kay Peterson, John Hassinger, Janet Vacek, Ann Vance, Yvonne Johnson and Mary Henke, Ex- Officio Members absent: Julie Jensen Vice - President John Paulsen called the meeting to order. John Hassinger made a motion to approve the minutes from the March 27 meeting with John Paulsen seconding. Motion passed. Our new board members, Yvonne Johnson and Ann Vance, were introduced and they told us about themselves. Old Business: 1. National Library Week Author Visit: The turnout for Doug Ohman's presentation was wonderful. He was a gifted speaker with an excellent message. Some folks had trouble hearing. 2. Community forum with Dr. Mark Seeley: John Hassinger will introduce Dr. Seeley tomorrow. Mary suggested that next year we plan this event for October to spread the library programs throughout the year. Board volunteers are to be at the library at 6:00 for set -up. 3. Focus group follow -up: A. Public Perception of the Library—Doing OK B. Partnership with Schools -rap in the middle and high school. With Yvonne now on the Board we have a new connection with Ridgewater College. C. Services to non-English speaking residents —Need to concentrate on this area. Yvonne suggested using Hispanic volunteers. In her job at HTI, Ann sees a need for resources and study aids for non-English speaking residents. 4. Employee changes: Two long -time employees, Lorraine Erickson and Annette Koehler, have • mired Mary hired Linda Thompson out of 20 applicants with her starting date on April 24. The custodian, Larry Boizet, who was promoted to a full -time position in another City Dept., hasn't been replaced yet. Applications for that job close on April 26. 5. Fire alarm system upgrade: Problem meeting code has been assessed and changes have been made. 6. Pioneerland Library System Awards Banquet: We nominated Sonja Nolen, a Friends of the Library member who volunteers many hours at the library. Mary suggested that Sonja be invited to the next library board meeting and be recognized for her contributions. New Business: I. Break -in on April 10: The same window as last June was broken into even with increased lighting. No money was taken and there was no vandalism. After a discussion with Police Chief Dan Hatten, it was decided that a motion detector system which is monitored by the Police Department will be installed Its cost of $2,000 - 53,000 will come from the capital outlay f vnit re funds. 2. Presentation to County Commissioners on May 16'e: Nan Crary's assistant called to invite the four McLeod County librarians to present to the commissioners on services the libraries provide. Mary will allude to the proposed 12% increase in the 2007 funding request. Bev Wangerin, recently appointed to the PLS board as a McLeod County representative, is an advocate for the libraries. Mary invited Library Board members who are interested to attend. 3. Discussion of book clubs: Mary spoke at the Women's Expo at the Hutchinson Event Center in March and has names of several people interested in belonging to a book club. She will work on starting more clubs or offer a class. The next meeting will be Monday, May 22 at 4 :30 p.m. John Hassinger moved the meeting be adjourned with Kay Peterson seconding the motion. Motion passed. • Respectfully submitted, Janet Vacek, Co-Secretary ' L)3 Minutes Hutchinson Public Library Board May 22, 2006 • Members present: Julie Jensen, Janet Vace, Ann Vance, John Sandberg, PLS Representative, Sonja Nolen, guest and Mary Henke, Ex-Officio. Members absent: Kay Peterson, Yvonne Johnson, John Paulsen, and John Hassmger President Julie Jensen opened the meeting. Business could not be conducted as a quorum wasn't present Jade Sandberg, Pioneerland Library System (PLS) representative from Hutchinson reported on the May I e PLS board meeting. 1. The chairman of the board, Garrison Hale, resigned because of relocating for a new job. Dan Reigstad was elected to replace him 2. The fiunding increases for the next 3 years: Hutc hinson's contribution to PLS will increase from $ 120,000 in 2006 to $127, 000 in 2007, about a 6% increase. There will be a 2.5% increase in 2008 and a 3% increase in 2009. The board voted to accept these figures. 3. Passed several policies 4. Report on Minnesota Legislature: Increased funding for 2006 -2007 looks promising as of Thursday. Mary received an email from John Houlahan today saying the finding was not increased 5. Project to work together with Plum Creek and SAMI& E: $40,000 approved to hire a consultant for July -Dec. to find ways to gain efficiency. 6. Library circulation numbers were given There was a discussion of combining libraries under one head librarian such as Hutchinson and Winsted 7. A video of the new automation system was shown to the board members Old Business: 1. The community forum with Mark Seeley was discussed. Lighting is a factor for PowerPoint and slide presentations. The sound system is still a problem and we may need a lapel mice. The next forum will possibly be in the fall of next year in October with an author visit scheduled during National Library Week in April. 2. Our PLS Hall of Fame Award recipient, Sonja Nolen, came to our meeting and Mary Henke read the letter nominating her for the award. Julie extended the Board's appreciation for her work 3. New hires: Linda Thompson, hired to replace Lorraine Erickson, is doing well. Jerry Tews was hired for the custodian's position at 3 4 boors per day and under 20 hours per weds. 3. McLeod County Commissioners' presentation was postponed to June 6 so that a county technician will be able to present the PowerPoint presentation the librarians created. 4. Focus group follow -up was continued with a self- study. Julie reviewed several resources available at the hbrary for Spanish speaking people. Katie Miller, an English as a Second Language instructor for the school district, reported to Julie that 98 students started the program in the fall and 80 were still in it It is about 99% Spanish speaking students. Julie Mischke, the Ridgewater Adult Basic Education instructor, will be contacted for her views on the needs of non - English speaking residents of the community. New Business: 1. The election of officers was tabled until next month's meeting because of no quorum 2. Budget draft for 2007: Mary reported a 12% increase in finding requested from the city and county. It breaks down into a 6% increase for PLS central services, 3% increase for automation services and 3% increase for local needs such as salaries and books. This is one of the highest increases requested. Gary Plotz is familiar with the need for this large increase and Bev Wangeain, the PLS Representative and the McLeod librarians will inform the county commissioners. State funding has been flat for about 7 years and federal funding will end in 2007 for PLS. Our next meeting will be on Monday, June 26 at 4:30 p.m The meeting was closed • Respectfully submitted, Janet Vacek, Co-Secretary (�0 • • 0 CITY OF HUTC _ 2005 2006' HINSON FINANCIAL REPORT E 2006 2008 _ __ __ � 2006 JUNE! _ -- ,REVENUE REPORT - GENERAL JUNE' YEAR TO _ BALANCE ERCENTAGE! _JUNE _ADOPTED - YTD MONTH DATE ACTUAL BUDGET REMAINING USED TAXES _ . -�- - - 3,771,000.00 3771 000 000 _ 0.00% LICENSES 383 00 41,440.50 36,071.40 2 44,900 00'. 3,459.50 92.30% PERMITS AND FEES 199,651 31 45 978.02 207,530.31 287 100.00 79 569.69 72.29 %1 _ _ - FOR SERVICES ES VENUE 1 624,136.98 144 1,222.17 95,503.32 1 2 952,866.48 . IIHA�FO INTEREST 1947 49 __1(7,918.52) 68,000.DO 64,559.45 - -. 30.998 %� - a �_._ REIMBURSEMENTS _ _- _146,314.53 55,861.25 148,41272 .243,422,00 95,009.28 ._60.97 %� !TRANSFERS 265,250.78 2,540.75 288,035.15 1,643 500.00 1,355,464.85 17.53% 'SURCHARGES - BLDG PERMITS _ 3 ,628.7 294.43 294.43 'TOTAL �_ _4,446.88 1,312,091.84 267,101.38', 1,440,640.13 10,345,037.00 _ 8,904,396.87 13.93 %, - !� 20_06{{_ 2005 CITY OF HUTCHINSON FINANCIAL REPORT ~ - - - --- - 2006, 2008 2006 -_ 2008 JUNE; _ -_ -- REPORT ENERAL, _ ADOPTED BALANCE ERCENTAGE __. -_ .I EXPENSE -- - __ JUNE JUNE YEAR TO - T-- __ MONTHEATEACTUAL BUDGET YTD _ REMAINING USED, -% - - 001 MAYOR & CITY C OUNCIL 23,576.25 137,858.82 7434.87 34,015.26 58,688.00 24,672.74 57.96 %i _ _ 002 CITY ADMINISTRATOR TRATOR 22 641.71 142,658.03 _ 315,678.00 173,019.97 45.19 %j 1 003 ELECTIONS � - 544.35 _ 109.26 8,151.76 �- 17,700.00 9,548.24 46.060% 004 FINANCE DEPARTMENT 189,300.55_ 23,456.68 _202,556.97 _ 482,974.00 280,417.03 41.94% 1 005 MOTOR VEHICLE_ 95,807.80 16,425.34 101,446.95 214,442.00 112,995.05 _ 47.311 006 ASSESSING 48,000.00 48,000.00 0.00 1007 LEGAL 98,522.45__ 11,088.38. 83,294.41 175,078.00 91,763.59 47.58 °h. 008 PLANNING _ -- -- 86,318.97 - _ 10 354.86 ! 75,055.68 - _ 177,855.00 -- 102,799.32 42.20 °% j 009 INFORMATION SERVICES 68,590.82 _ 11,528_01 �_ 75,073.50 254,317.00 179,243.50 29.52 °k j 110 POLICE DEPARTMENT,186,241.24 209,191.85 1,30.7,544.61 _ _2.715,457.00 _ 1,407,912.39 _ 48.15 °� 115 EMERGENCY MANAGEMENT 116 SAFETY COMMITTEE - 7,422.17 - 1,362.36 _ 1 602.10 - - -- 3,850.84 _ _ 14,000.00 _ -- 7,234.01 17,850.00 10,149.16 10,615.99 27.51 %1 - -- _40.53 %1 120 FIRE DEPARTMENT 130,585.56 26,099.79 143,857.55 427,637.00 283,779.45 _ 33.64% j 130 PROTECTIVE INSPECTIONS 9369407 1 14,939.27 100,218.51 2708.00 1 148 489.49 40.30% 150 ENGINEERING 300.127.20 57,371.85 _ 272,248.49 574,106.00 301,857.51 47.42 %i 152 STREETS & ALLEYS _ _ L 441,976.33 87797.37 568,144.91; _1,188,286.00 620,141.D9 _ _ _ 47.81 %; 160 CITY HALL BUILDING 69,54683 1851850; 70,125.08. 151,31300 -- 81,187.92 46.34 %°i 202 RECREATION 203SENORCITI�NOENDRINIST 30 _.- .35898�Z145826.0 - 5.50 ,3274.1- . 204 CIVIC ARENA 1 146,480 08 16 925 299,0113001- ,�_ 129593.079 °�!1 785,374.00 _j _ 417,245 91 _ _ 46;87 %1 _ - -- - -- - 205 PARK DEPARTMENT 436,077 941. 76.461.93 3.68 128.09 206 RECREATION BUILDING & POO 62,981 65 16,035.87 60 224.12 _ _ 133,551.00 73 326.88 45.09 %1 _ 207 EVENTS CENTER 99,311 92 16,175.13 _ 103 423.14 1 220,475.00 14,350 00 159,544 00 117,051.86 46.91 %1 184.12 42.97 %] 82,899.42 48.04 %. 49.60 %'1 208 EVERGREEN BUILDING _ 250 LIBRARY _ _ 6 242.71 76,079.26 1,257.67 _ 6 165 88 3,384.74 1 76 644-58 _ 301 CEMETERY- 55 752 11 12 046 63 66 416 82 t 133 895 00 67,478.18 320 AIRPORT SERVICE - 1_35 43,035..w 17,294.94 _ 5? 969 62 102,9 6. 0 159,749.75 50,346.38 - 50.79%1 UNALLOCATED GENERAL EXPE - - TOTAL 211,711.90 4,293,656.45 _ _ 59,743.05 136,696.951 I 796,551.18 4470,204.07 807,250.00_ 4 L1,0,345,037 W 670,553.05 16.93 /0 _', _ 5,874,832.93_1! - 43.21% Co (-O,.) `i 2005 _ 1 _ CITY OF HUTCHINSON FINANCIAL REPORT -JUNEJ 1 2005 2006'. 2006'. 2006 2006, -_. --- 7---- -... - -- - REVENUE REPORT -GENERAL ACTUAL JUNE& YEAR TO ADOPTED BALANCE PERCENTAGE 1 — Year to Date MONTH DATE ACTUAL BUDGET REMAINING USED! fTAXES •NSES 36,071.40 383001__ 41440.50 3,771,000.00 44_90000 I37734050950 x/01' [INTERGOVERNMENTAL REVENUE 146,199.97 45,222.107'. - 207,530.31 95,503.32 2 631,900 0 _2,535 796.68 - 73.633 IRII EIMBURSS _ 146,7 119,653.61. 647,918.52 25!i 1481,412.72 � 243,422 00 _ _995 005.0 60.98 W INTEREST 14,13698 14749' 9,559.45 55,0000 64,559.45 17.38 k jTRANSFERS _ 265,250.781 2,540.7_5. 288,035.15 1_643,500.00 1,355,464.85 1 _17.53 0/ol _ ! 0.00 (294.43 - 0.00% SURCHARGES -BLDG PERMITS 4,448.88 3,628.73 294.43 ', _ TOTAL_ 1,312,091.84 267,101.38 1,440640.13 10,345,037.00 .,8904,396.87 13.93%. i 2008 ! JUNE EXPENSE REPORT -GENERAL JUNE,_ JUNE" ..TO' - !SUMMARIZED _ _ YTDI MONTH DATE YEAR TO' _ADOPTED _ BALAN� ERCENTAGE DATE ACTUAL BUDGET REMAINING USED 1Pu S 1419,30542 __- 25083301_1,562705.2 _3,423,652.0 _1,860,946.48 - 45.64 %' Streets & A:&e s 742,103 53 145 169.22 W.393.40 1,762,392.00 921,998 60 47.68 %1 -- I Parks & Recreation _ _ 1 107,43546 201,162.00 1,083,269.69 2 190,841 00 1,107 571 31 _ 49.45% Mscellane -I u TOTAL - 4 299 656 45 79789,,58529..2184 : 191,457.82 1,072,107.00 - -880 8499 13.21 1 4 470 204.07 10 345,037 00 5,874 832 93 43.21 h • (-P &) 1 • 20- Jul -06 Interest Rate US BANK Money Market 1.43% Smith Barney FHLMC med 4.00% Smith Barney FHLB C 4.05% Smith Barney FHLB C 4.050% Smith Barney FHLB C 5.010% Smith Barney FHLM -C 4.650% Wells Investmen FHLN 5.050% Wachovia FHLB 5.00% Wachovia FHLB 4.00% Wachovia FHLB 1.190% Wachovia FHLB 3.000% Wachovia FHLB step 3.000% Wachovia FHMA 5.000% Wachovia FHLB = step ul 5.000% First Minnesota 2.670% First Minnesota 4.650% Home State 4.950% Home State 4.950% U CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT June 30, 2006 Date Date Of Of 11/3/2004 7/30/2004 step up 1/7/2004 4/28/2005 4/26/2005 11/21/2001 03/22/06 5/22/2003 6/12/2003 6/26/2003 7/16/2003 2/9/2005 step up 03/16/06 04/18/06 step up 11/16/04 11/18/05 03/24/06 03/24/06 Maturit, 11/19/2008 7/27/2012 7/30/2009 4/2612010 4/26/2010 5121/2007 01/29/07 5/22/2013 6/12/2013 06/26/13 7/16/2013 219/2007 09/14/07 04/18/06 12/19/06 11120/06 09/14/06 10/13/06 Amount 300,000.00 300,000.00 750,000.00 270,000.00 300,375.00 500,000.00 300,000.00 300,000.00 400,000.00 200,000.00 625,000.00 200,000.00 300,000.00 400,000.00 750,000.00 500,000.00 500,000.00 $7,270,375.00 c -0(4 • E 9 MEMORANDUM Date: July 17, 2006 To: Honorable Mayor & City Council From: Miles R. Seppelt Economic Development Director RE: EDA Land Purchase At the July11th meeting, the City Council passed a resolution authorizing the purchase of land for economic development. Also included was authorization to acquire a storm water retention pond utilizing dollars from the Storm Water Utility Fund. Due to a mistake on my part, an incorrect dollar amount was written into the resolution. The attached resolution corrects this error. Please give me a call at 234 -4223 if you have ay questions or need additional information. 0 • L RESOLUTION NO. 12995 AMENDMENTTO RESOLUTION AUTHORIZING PURCHASE OF LAND FOR ECONOMIC DEVELOPMENT NOW, THEREFORE BE IT RESOLVED by the Hutchinson City Council that: Section 2) of Resolution No. 12992 is hereby amended to read as follows: 2) It is further authorized that $26524.35 $29,875.44 be expended from the Storm Water Utility Fund to acquire Block 1, Lot 1 of Goebel's Addition, a Storm Water Retention Pond serving this area. Adopted by the Hutchinson City Council this 25th day of July, 2006. ATTEST: Gary D. Plotz Steven W. Cook City Administrator Mayor (01 ,6)1 RESOLUTION NO. 13001 CITY OF HUTCHINSON • RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM I COST I PURPOSE I DEPT. I BUDGET I VENDOR Ole following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR Biodiesel 7,506 gallons $18,955.65 City, County, State use HATS Yes Cenex — Hutch Co-op Date Approved: July 25, 2006 Resolution submitted for Council action Motion Made By: Seconded By: Kenneth B. Merrill by: Finance Director ('0 «)'-�' PUBLICATION NO. • ORDINANCE NO. 06 -0441 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUTCHINSON FOR TWO LOTS TO BE REZONED FROM I/C TO R2 LOCATED AT 255 AND 287 HWY 7 EAST THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: WHEREAS, the following described real property is hereby rezoned from I/C (Industrial/Commercial) to R2 (Medium Density Residential) as requested by the property owners: LEGAL DESCRIPTION: The Westerly 55 feet of all that portion of Lot One (1) in Block Three (3) in the Townsite of Hutchinson North Half, lying Northerly of the Hutchinson -Silver Lake Road, excepting therefrom all Railroad right -of -way. The East line of said tract is parallel to and distant 55 feet Easterly from the Westerly boundary line of said Lot 1 in said Block 3. All that portion of Lot One (1) in Block Three (3) Townsite of Hutchinson , North Half lying north of the Hutchinson - Silver Lake Road but saving and excepting therefrom the Westerly 55 feet thereof and also saving and excepting therefrom the right -0f - -way of the Minnesota Western . Railway. The west boundary line of said tact is parallel to and distant 55 feet easterly from the west boundary line of said Lot 1. s ►191 • • That part of Lots One(1) and Two (2) in Block Three (3) in the Townsite of Hutchinson, North Half described as follows, to-wit: Commencing at the northeast comer of the Southeast Quarter of Section 31, Township 117 North, Range 29 West; thence south along the east line of said Southeast Quarter a distance of 970.00; feet thence southwesterly 268.19 feet along a line which prolonged southwesterly intersects the southeasterly line of said Lot 2 a distance of 50.00 feet westerly of said east line, as measured at a right angle to said east line, to the point ofbeginning of the land to be described; thence continuing southwesterly, along said southwesterly pro longati on 45.39 feet to said intersection with the southeasterly line of Lot 2; thence south, parallel with said east line, to the intersection with the northerly right of way line of State Highway No. 7; thence easterly, along said right of way line, to the intersection with said east line; thence north along said east line, to a pomt 1241.04 feet south of said northeast comer of the Southeast Quarter; thence westerly, to the point of beginning. ALSO That part of Lot Two (2) in Block Three (3) in the Townsite of Hutchinson, North Half described as follows, to -wit: Commencing at the northeast corner of the Southeast Quarter of Section 31, Township 117 North, Range 29 West; thence south along the east line of said Southeast Quarter a distance of 970.00 feet; thence southwesterly 268.19 feet along a line which prolonged southwesterly intersects the southeasterly line of said Lot 2 a distance of 50.00 feet westerly of said east line; thence continuing southwesterly along said southwesterly prolongation, 45.39 feet to said intersection with the southeasterly line of said Lot 2; thence southwesterly, along said southeasterly line of Lot 2, a distance of 52.03 feet to a point 27420 feet northeasterly of the southeasterly corner of said Lot 2 as measured along said southeasterly line,; thence • northwesterly, at a right angle to said southeasterly line, a distance of 52.00 feet; thence northeasterly parallel with said southeasterly line, a distance 77.54 feet; thence easterly 36.63 feet to the point of beginning. (D(C-) 1 Ordinance No. 06 -0441 255 and 287 Hwy 7 East August 8, 2006 Page 2 WHEREAS, the City Planning Commission and City Council have considered the effects ofrezoning this piece of property; WHEREAS, there are certain parameters that will make this rezoning appropriate for this area; THEREFORE; the City hereby officially rezones this property to R2 and it shall take effect upon publication of this ordinance; Adopted by the City Council this 8"' day of August, 2006. ATTEST: Gary D. Plotz City Administrator • 11 Steven W. Cook Mayor c o CCU � RESOLUTION NO. 13002 • RESOLUTION APPROVING FINDINGS AND CONDITIONS FOR REZONING TWO LOTS FROM LC TO R2 LOCATED AT 255 AND 287 HWY 7 EAST SUBMITTED BY MARK FRATZKE, PROPERTY OWNER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Mark Fratzke , property owner, has submitted a request to rezone 2 lots from PC (Industrial Commercial District) to R2 (Medium Density Residential District) located at 255 and 287 Hwy 7 East with the following legal description: Legal Description: The Westerly 55 feet of all that portion of Lot One (1) in Block Three (3) in the Townsite of Hutchinson North Half, lying Northerly of the Hutchinson - Silver Lake Road, excepting therefrom all Railroad right -of -way. The East line ofsaid tract is parallel to and distant 55 feet Easterly from the Westerly boundary line of said Lot I in said Block 3. ffW/0, AU that portion of Lot One (1) In Block Three (3) Townsite ofHutchinson , North Half lying north oftthe Hutchinson - Silver Lake Road but saving and excepting therefrom the Westerly 55 • feet thereof and also saving and excepting therefrom the right -of -way of the Minnesota Western Railway. The west boundary line ofsaid tract is parallel to and distant 55 feet easterly from the west boundary line of said Lot 1. That part of Lots One(]) and Two (2) in Block Three (3) in the Townsite of Hutchinson , North Halfdescribed as follows, to -wit: Commencing at the northeast corner ofthe Southeast Quarter of Section 31, Township 117 North, Range 29 West, thence south along the east line ofsaid Southeast Quarter a distance of 970.00; feet thence southwesterly 268.19 feet along a line which prolonged southwesterly intersects the southeasterly line of said Lot 2 a distance of 50.00 feet westerly ofsaid east line, as measured at a right angle to said east line, to the point of beginning of the land to be described, thence continuing southwesterly, along said southwesterlyprolongation, 45.39 feet to said intersection with the southeasterly line ofLot 1; thence south, parallel with said east line, to the intersection with the northerly right ofway line of State Highway No. 7; thence easterly, along said right of way line, to the intersection with said east line; thence north along said east fine, to a point 1241.04feet south ofsaid northeast corner of the Southeast Quarter, thence westerly, to the point of beginning. ALSO That part of Lot Two (2) in Block Three (3) in the Townsite of Hutchinson, North Half described as follows, to -wit: Commencing at the northeast corner of the Southeast Quarter of Section 31, Township 117 North, Range 29 West, thence south along the east line ofsaid Southeast Quarter a distance of 970.00 feet, thence southwesterly 268.19 feet along a line which prolonged southwesterly intersects the southeasterly line of said Lot 2 a distance of 50.00 feet westerly ofsaid east line; thence continuing southwesterly along said southwesterly prolongation, 45.39 feet to said intersection with the southeasterly line of said Lot 2; thence southwesterly, along said southeasterly line of Lot 2, a distance of 51.03 feet to a point 274.20 feet northeasterly of the southeasterly corner of said Lot 2 as measured along said southeasterly line,; thence northwesterly, at a right angle to said southeasterly line, a distance of 52. 00 feet; thence northeasterly parallel with said southeasterly line, a distance 77.54 feet; thence easterly 3 6.63 feet to the point of beginning. Resolution No. 13002 Rezone I/C to R2 255/287 Hwy 7 E — Mark Fratzke July 25, 2006 . Page 2 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 is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, if the conditions, as outlined below are met. CONCLUSION The City Council hereby unanimously approves the rezoning with the following findings and conditions: 1. The rezoning from I/C to R -2 would be consistent with the residential guiding in the Comprehensive Plan. 2. The properties are currently used as residential property and are adjacent to residential uses. Rezoning would allow the existing use to become conforming with the R -2 district regulations. 3. The use of the property shall comply with the standards of the R -2 district. Residential uses are limited to single family dwellings and two - family units or duplexes. 4. The properties may not be covered with more than 50% lot coverage. The owner shall replace pavement in excess of the 50% with sod or other landscaping. 5. The buildings shall be inspected by the City for compliance with the Zoning Ordinance and housing standards due to the change to residential use. • Adopted by the City Council this 25b day of July, 2006. ATTEST: Gary D. Plotz City Administrator u Steven W. Cook Mayor c' CGS I MEMORANDUM Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 320 - 587- 51511Fax 320 - 234.4240 DATE: July 18, 2006 TO: Hutchinson City Council FROM: Hutchinson Planning Conurlission SUBJECT: CONSIDERATION OF REZONING TWO LOTS FROM I/C TO R2 TO REMAIN RESIDENTIAL USE LOCATED AT 255 AND 287 HWY 7 EAST Pursuant to Section 154.168, Hutchinson City Code, the Hutchinson Planning Commission is hereby submitting its findings of fact and reconimendation with respect to the aforementioned request for rezoning . HISTORY The property owner is requesting to rezone approximately .5 acres from VC to R2_ The properties are identified below. There are presently residential uses on both properties, however the structures havc contained non - residential uses in the past. One of the structures was previously the Redman Real Estate house. 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 July 6, 2006. 3. A public hearing was held at which time there were no neighboring property owners present objecting to the request. - Printed on recycled paper 0 0 Planning Commission Finding of Fact — July 18, 2006 Rezone — 255 and 287 Hwy 7 East Page 2 4. The City's 2002 Comprehensive Plan identifies the property's future land use as guided for residential use. Therefore the request to rezone to R -2 (Medium Density Residential) would be consistent with the Comprehensive Plan. 5. One of the concerns is the amount of impervious surface covering the lot, which has been used for parking areas. Residentially zoned properties are currently limited to a maximum of 50% lot coverage. The property owner indicated the lot is not covered more than 50%. He did not provide the actual percentage covered. The 50% coverage requirement must be met for this property. 6. There was concern raised that there may be more than the allowed two families living in the larger structure at 255 Hwy 7 E. There was consensus that building inspections be completed as a condition of the rezoning due to the change in use from Industrial/Commercial to residential. RECOMMENDATION The Planning Commission voted unanimously to approve the rezoning with the following recommendations: 1. The rezoning from I/C to R -2 would be consistent with the residential guiding in the Comprehensive Plan. 2. The properties are currently used as residential property and are adjacent to residential uses. Rezoning would allow the existing use to become conforming with the R -2 district regulations. 3. The use of the property shall comply with the standards of the R -2 district. Residential uses are limited to single family dwellings and two-family units or duplexes. 4. The properties may not be covered with more than 50% lot coverage. The owner shall replace pavement in excess of the 50% with sod or other landscaping. 5. The buildings shall be inspected by the City for compliance with the Zoning Ordinance and housing standards due to the change to residential use. Cc: Mark Fratzke, 710 N. High Dr. #25 (QJ DIRECTORS REPORT - PLANNING DEPARTMENT :. l�rJril!II %e - • �P%. I• X.®/ O!® 1Jql llf' lI!: PiP�Fw►f.Iiifl /ilf / /l /%>.'11Y.1 ///1JryNdFi1 To: Hutchinson Planning Commission (Persons in attendance at Planning Staff Meeting (in bold) : From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Dan Sexton, Jean Ward, Jahn Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Kyle Dirriler, Kent Exner, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers, and Bonnie Baumetz Date: June 30, 2006 — Meeting Date: July 18, 2006 Applicant: Mark Fratzke, property owner REZONING FROM I/C TO R2 Brief Description The property owner is requesting to rezone approximately .5 acres from I/C to R2. The properties are identified below. There are presently residential uses on both properties, however the structures have contained non - residential uses in the past. One of the structures was previously the Redman Real Estate house. GENERAL INFORMATION Existing Zoning: I/C (Industrial Commercial District) Property Location: 255 and 287 Hwy 7 East Cr e(( _)1 Rezone I/C to R2 Mark Fratzke — 255/287 Hwy 7 E Planning Commission— July 18, 2006 • Page 2 Lot Size: 255 Hwy 7 E - .42 acres 287 Hwy 7 E - .13 acres Existing Land Use: Residential Adjacent Land Use And Zoning: R2 (Medium Density Residential) on the west and north I -1 (Limited Industrial Park) on the east C4 (Fringe Commercial) on the south Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: In 1993, the property was zoned R2 and C4. In 1999, both properties were rezoned to I/C. The rezoning in 1999 was supported because the zoning district adjoins an industrial area, uses of the property were more than commercial in the past, and uses within the I/C are controlled by conditional use permits. A conditional use permit (CUP) was approved for computer business in 2001. The resolution approving the CUP required that if the use of the building is changed, another CUP must be obtained. The property has since become residential, however City records do not identify that another CUP was granted or any change in use was approved by the City. Applicable • Regulations: Section 154.168, City Code SPECIAL INFORMATION Transportation: Hwy 7 East Parking: N/A Analysis and Recommendation: Staff have reviewed the request, the history of the property and the surrounding uses. The City's 2002 Comprehensive Plan identifies the property's future land use as guided for residential use. Therefore the request to rezone to R -2 (Medium Density Residential) would be consistent with the Comprehensive Plan. However, staff did raise some concerns regarding residential zoning due to the uses of the properties in the past. One of the concerns raised by staff is the amount of impervious surface covering the lot, which has been used for parking areas. Residentially zoned properties are currently limited to a maximum of 50% lot coverage, which is defined as follows: LOT COVERAGE: The area of a lot occupied by: the principal and accessory buildings including gazebos and tool sheds; driveways (paved and gravel) and decks and patios. The purpose of the regulation shall be to control the amount of impervious surfaces which affect storm water infrastructure and the environment. (-0Cc-JI Rezone I/C to R2 Mark Fratzke — 255/287 Hwy 7 E Planning Commission— July 18, 2006 • Page 3 Staff recommended that if the rezoning is approved, the property owner should remove and replace the existing pavement in excess of 50% coverage with landscaping to present a more residential character and comply with current requirements. The applicant will provide additional information on the total coverage as the survey does not currently show paved areas There was concern raised that there may be more than the allowed two families living in the larger structure at 255 Hwy 7 E. Staff recommended that building inspections be completed as a condition of the rezoning due to the change in use from hidustrial/Commercial to residential. Staff recommends approval of the rezoning subject to the following findings and recommended conditions: 1. The rezoning from 1/C to R -2 would be consistent with the residential guiding in the Comprehensive Plan. 2. The properties are currently used as residential property and are adjacent to residential uses. Rezoning would allow the existing use to become conforming with the R -2 district regulations. 3. The use of the property shall comply with the standards of the R- 2 district. Residential uses are limited to single family dwellings and two - family units or duplexes. 4. The properties may not be covered with more than 50% lot IDcoverage. The owner shall replace pavement in excess of the 50% with sod or other landscaping. 5. The buildings shall be inspected by the City for compliance with the Zoning Ordinance and housing standards due to the change to residential use. Cc: Mark Fratzke, 710 N. High Dr. #25 MNDOT (� W) I RESOLUTION NO. 12996 RESOLUTION APPROVING A LOT SPLIT LOCATED AT 240 OTTAWA AVENUE S.E. • SUBMITTED BY PAUL BETKER, PROPERTY OWNER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Paul Betker, property owner, has submitted a request for a lot split located at 240 Ottawa Avenue S.E.. to allow for construction of a twin home Legal Description: Westerly Parcel: That part ofLot 5, Block 3, Southwind, according to the recordedplat thereof, lying west of a line described as follows: Commencing at the northwest corner ojsaid Lot 5; thence easterly, along the north line ofsaid Lot 5 a distance of 42. 00 feet to the begmnin of the line to be described; thence southerly, parallel with the west line o; said Lot 5 a distance of 135.64 feet to the south line of said Lot 5 and said line there terminating. Easterly Parcel. That part of Lot 5, Block 3, Southwind, according to the recorded plat thereof, I*g east of a line and its southerly prolongation, described as follows: Commencing t the northwest corner of said Lot 5; thence easterly, along the f north line o said Lot 5 a distance of 41.00 feet to the beginnin of the line to be described, thence southerly, parallel with the west line o; said Lot 5 a distance of 135.64 feet to the south line of said Lot 5 and said line there •terminating. 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 is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, if the conditions, as outlined below are met. CONCLUSION The City Council hereby unanimously approves the lot split with the following conditions: 1. The proposed lot split would meet the standards of the R -2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50 %. Adopted by the City Council this 25b day of July, 2006. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor `+ c)D� 0 • • RESOLUTION NO. 12997 RESOLUTION APPROVING A LOT SPLIT LOCATED AT 265 OTTAWA AVENUE S.E. SUBMITTED BY PAUL BETKER, PROPERTY OWNER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS Paul Betker, property owner, has submitted a request for a lot spht located at 265 Ottawa Avenue S.E.. to allow for construction of a twin home Legal Description: Westerly Parcel: That part of Lot 7, Block 1, Southwind, according to the recorded plat thereof, lying west of a line described as follows: Commencing at the southwest corner of said Lot 7; thence easterly, along the south line of said Lot 7 a distance of 43.59 feet to the beginning of the line to be described; thence northerly, parallel with the west line of said Lot 7 a distance of 143.76 feet to the north line of said Lot 7 and said line there terminating. Easterly Parcel: That part ofLot 7, Block 1, Southwind, according to the recorded plat thereof, lying east of a line described as follows: Commencing at the southwest corner ofsaid Lot 7; thence easterly, along the south line of said Lot 7 a distance of 43.59 feet to the beginnin of the line to be described; thence northerly, parallel with the west line of said Lot 7 a distance of 143.76 feet to the north line of said Lot 7 and said line there terminating. 2. The City Council has considered the recommendation of the Planning Conunission 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 is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, if the conditions, as outlined below are met. CONCLUSION The City Council hereby unanimously approves the lot split with the following conditions: 1. The proposed lot split would meet the standards of the R -2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50 %. - Adopted by the City Council this 25b day of July, 2006. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor c�Cc�� RESOLUTION NO. 12998 RESOLUTION APPROVING A LOT SPLIT LOCATED AT 275 OTTAWA AVENUE S.E. • SUBMITTED BY PAUL BETKER, PROPERTY OWNER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Paul Betker, property owner, has submitted a request for a lot split located at 275 Ottawa Avenue S.E. to allow for construction of a twin home. Legal Description: Westerly Parcel. That part of Lot 8, Block 1, Southwind, according to the recorded plat thereof, tying west of a line described as follows: Commencin at the southwest corner of said Lot 8; thence easterly, along the south line 01said Lot 8 a distance of 44.05 feet to the beginning of the line to be described; thence northerly, parallel with the west line of said Lot 8 a distance of 148.13 feet to the north line of said Lot 8 and said line there terminating. Easterly Parcel: That part of Lot 8, Block 1, South wind, according to the recorded plat thereof, lying east of a line described as follows: Commencing at the southwest corner of said Lot 8; thence easterly, along the south line of said Lot 8 a distance of 44.05 feel to the beginnin of the line to be described; thence northerly, parallel with the west line o; said Lot 8 a distance of 148.13 feet to the north line of said Lot 8 and said line there •terminating. 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 is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, if the conditions, as outlined below are met. CONCLUSION The City Council hereby unanimously approves the lot split with the following conditions: 1. The proposed lot split would meet the standards of the R -2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50 %. Adopted by the City Council this 25"' day of July, 2006. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor �-) `r RESOLUTION NO. 12999 RESOLUTION APPROVING A LOT SPLIT LOCATED AT 285 OTTAWA AVENUE S.E. . SUBMITTED BY PAUL BETKER, PROPERTY OWNER BE IT RESOLVED BY THE CITY COUNCIL OF THE CrFY OF HUTCHINSON, MN: FINDINGS 1. Paul Betker, property owner, has submitted a request for a lot split located at 285 Ottawa Avenue S.E. to allow for construction of a twin home. Legal Description: Westerly Parcel: The West 44.00 fed of Lot 9, Block 1, Southwind, according to the recorded plat thereof. Easterly Parcel: Lot 9, Block 1, Southwind, according to the recorded plat thereof, except the West 44. 00 feel of said Lot 9. 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 is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, if the conditions, as outlined below are met. CONCLUSION The City Council hereby unanimously approves the lot split with the following conditions: 1. The proposed lot split would meet the standards of the R -2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50 %. Adopted by the City Council this 25th day of July, 2006. ATTEST: Gary D. Plotz City Administrator 0 Steven W. Cook Mayor MEMORANDUM DATE: July 19, 2006 00: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF A REQUEST BY PAUL BETKER TO SPLIT FOUR LOTS ON OTTAWA AVENUE S.E. (240,265,275,285 OTTAWA AVE. S.E. FOR CONSTRUCTION OF TWIN HOMES Pursuant to Sections 153.05 of the Hutchinson Municipal Code, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for 4 lot splits located in the Southwind plat HISTORY The property owner is requesting lot splits on 4 of his lots in the Southwind plat. All 4 lots have been issued building permits for construction of single family twin homes with a common wall between each unit and are in various stages of construction. The preliminary plat, formerly known as Hutchinson Land Holdings, was approved in 2003 for 95 lots and planned to contain a total of 128 homes, including 62 single family and 33 two family homes (66 units). In 2003, a final plat for 48 lots plus an outlot was approved. The 4 lot splits are in this first addition of the Southwind development FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid- 2. The parcel is located in the R -2 zoning district. 3. There are no issues with this lot split in that it meets the minimum requirements for lot width, depth and size within the R2 zoning District. 4. The developer platted this property in 2003 as single lots, with the intention of applying for lot splits for those lots which were sold for construction of twin homes. •. Lot Sizes and Coverage: 240 Ottawa Ave.- .26 acres = 50% Coverage (no decks, sheds, patios or gazebos will be allowed) 265 Ottawa Ave. -.28 acres = 50% Coverage (no decks, sheds, patios or gazebos will be allowed) 275 Ottawa Ave. -.30 acres = 45 % Coverage 285 Ottawa Ave. -.35 acres = 39% Coverage 6. There was discussion of the practice of allowing lot splits for platted developments after the building permits have been issued and the homes are under construction. The consensus of the Planning Commission was to begin requiring lots to be platted for twin homes and multifamily units with the preliminary and final plats. If necessary, a lot split could be granted after platting, however, lot splits will be required before the building permit is issued. 7. Other issues arise by allowing lot splits in developments after platting, such as addressing and assessing issues and obtaining fees due to the City that are calculated on a "per lot" basis. There was considerable discussion regarding a requirement of the developer to pay for additional trees on the newly created lots. After the discussion, the Planning Commission voted not to require the extra fees for additional trees. RECOMMENDATION The Planning Commission unanimously voted to recommend approval of the lot splits with the following conditions: 1. The proposed lot splits would meet the standards of the R -2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50 %. 0 cc: Paul Betker, 37 Monroe St SE Hutchinson Land Holdings, 2455 12th St E., St Cloud MN 56304 (P �C) 0-1,, DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission (Persons in attendance at Planning Staff Meeting (in bold) : From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Dan Sexton, Jean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers, and Bonnie Baumetz Date: June 30, 2006 — Meeting Date: July 18, 2006 Applicant: Paul Betker, property owner LOT SPLITS Brief Description The property owner is requesting lot splits on 4 of his lots in the Southwind plat. All 4 lots have been issued building permits for construction of single family twin homes with a common wall between each unit. The preliminary plat, formerly ]mown as Hutchinson Land Holdings, was approved in 2003 for 95 lots and planned to contain a total of 128 homes, including 62 single family and 33 two family homes (66 units). In 2003, a final plat for 48 lots plus an outlot was approved. The 4 lot splits are in this first addition of the Southwind development. • PROPERTY INFORMATION Existing Zoning: R2 (Medium Density Residential) Property Location: Ottawa Avenue S.E. Adjacent Land Use And Zoning: R2 (Medium Density Residential) on the west and north Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The developer platted this property in 2003 as single lots, with the intention of applying for lot splits for those lots which were sold for construction of twin homes. Applicable Regulations: Section 153.05, City Code SPECIAL INFORMATION Lot Sizes and Coverage: • 240 Ottawa Ave.- .26 acres= 50% Coverage (no decks, sheds, patios or gazebos will be allowed) • 265 Ottawa Ave. -.28 acres = 50% Coverage (no decks, sheds, patios or gazebos will be allowed) . • 275 Ottawa Ave. -.30 acres = 45 % Coverage • 285 Ottawa Ave. -.35 acres = 39% Coverage Co (C_- Lot splits Paul Betker — Ottawa Ave. S.E. Planning Commission— July 18, 2006 Page 2 Transportation: Ottawa Avenue S.E. Parking: N/A Analysis and Recommendation: Staff discussed the practice of allowing lot splits for platted developments after the building permits have been issued and the homes are under construction. The consensus of the staff was to begin requiring lots to be platted for twin homes and multifamily units with the preliminary and final plats. If necessary, a lot split could be granted after platting, however, lot splits will be required before the building permit is issued. Other issues arise by allowing lot splits in developments after platting, such as addressing and assessing issues and obtaining fees due to the City that are calculated on a "per lot" basis. In this case, the Developer is required to provide dollars to the City for the planting of boulevard trees at a rate of $180 per tree (2 trees required per lot). The subdivision agreement stated this calculation equaled $17,280, however it was only based upon 48 lots in the first addition. The City keeps these dollars in reserve until a majority of the development has buildings then plants the trees within the boulevard areas. As the developer is splitting the lots after platting, the developer has not paid for trees for the 4 additional lots. Staff is recommending the developer pay the required fee for one additional tree per lot ($180 per tree x 4 more lots) or $720 for the 4 lots, as a condition of approval of the lot divisions. As the building permits have already been issued, the fees will need to be paid separately by the developer. • Staff recommends approval of the request for 4 lot splits with the following recommended findings and conditions: 1. The proposed lot splits would meet the standards of the R -2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50 %. 5. At the time of platting, money was escrowed for two trees per lot. However, as money was not provided for the additional twin home lots, the new lot division will require one additional tree per lot at $180.00 per tree, for a total of $ 720. Cc: Paul Betker, 37 Monroe St SE Hutchinson Land Holdings, 2455 12" St. E., St. Cloud MN 56304 .0 • That part of Lot 5, Block 3, SOUTFh41ND, according to the recorded plat thereof, lying west of a line described as follows: Commencing at the northwest corner of said Lot 5: thence easterly, along the north line of sold Lot 5 a distance of 42.00 feet to the beginning of the line to be described: thence southerly, parallel with the west line of solo Lot 5 a distance of 135.64 feet to the south line of said Lot 5 and said line there terminating. DESCRIPTION FOR EASTERLY PARCEL That part of Lot 5, Block 3, SOUTHMND, according to the recorded plat thereof, lying east of a line and Its southerly prolongation, described as follows: Commencing at the northwest corner of said Lot 5: thence easterly, along the north line of sold Lot 5 a. distance of 42.00 feet to the beginning of the line to be described: thence southerly, parallel with the west line of salc Lot 5 a distance of 135.64 feet to the south line of said Lot 5 and sold line there terminating. OTTAWA AVENUE 57.75 57.57 BM 57.22 urm cu 57. 57. A' Oe58 • v a 84.0() 4ier°wa, l • 42.00 L • 42 . eat b l 5 8 (59.8) 1 Se.s (59.8) x 59.1 I 24 24 7.! S 4 1 I CV cj 6 68,3 1 - 80.3x I 32 Is 58 j x x (59.8) (59.8) , I 60.1 - a 81 ,a Se.4i 58.2 M N _ 4100 alp 50.5 42.82 57.7 �'e^'•nr ,� N ?8o06'3g•w 43.19 Catch 58.7 Basin 86,0' TR • 57.0 x 58.3 PROPOSED TOP OF FOUNDATION • 1060.3 PROPOSED GARAGE FLOOR • 1060.0 (No Basement) 3 tp O to 57.9 X 58.1 t o 60CIZ Cr w i Jl io� p-Cyo _ �7z X 57.3 0 15 30 60 scale In feet 0 Denotes Iron monument found 0 Denotes Iron monument set X Denotes existing elevation ( ) Denotes proposed elevation az/U C? a- jja A u.(,- BENCHMARK Paint spot on top of curb north of the centerline of Lot 5, Block 3. Elevation • 1057.22 I hereby certify that this Survey, Plan or Report was prepared by me or under ,,7 ) p Garage Garage c0 N I GO N 58. o 80.4 I 17 f 2.1 _ I 58.6 � tr) 15 8.9 x r` - �'^ 5B .3 jP W 7.5 .y10 r) �iF ''e7. a �o $ N I i� PROPOSED PROPOSED W Z I HOUSE $ HOUSE N 7.! S 4 1 I CV cj 6 68,3 1 - 80.3x I 32 Is 58 j x x (59.8) (59.8) , I 60.1 - a 81 ,a Se.4i 58.2 M N _ 4100 alp 50.5 42.82 57.7 �'e^'•nr ,� N ?8o06'3g•w 43.19 Catch 58.7 Basin 86,0' TR • 57.0 x 58.3 PROPOSED TOP OF FOUNDATION • 1060.3 PROPOSED GARAGE FLOOR • 1060.0 (No Basement) 3 tp O to 57.9 X 58.1 t o 60CIZ Cr w i Jl io� p-Cyo _ �7z X 57.3 0 15 30 60 scale In feet 0 Denotes Iron monument found 0 Denotes Iron monument set X Denotes existing elevation ( ) Denotes proposed elevation az/U C? a- jja A u.(,- BENCHMARK Paint spot on top of curb north of the centerline of Lot 5, Block 3. Elevation • 1057.22 I hereby certify that this Survey, Plan or Report was prepared by me or under ,,7 ) of 43.59 feet to the beginning of the line to be described: thence northerly, parallel with the west line of said Lot 7 a distance of 143.76 feet to the north line of sold Lot 7 and said line there terminating. ale S C7'('F0.t, EDMONTON AVENUE 8-6 curb 55 97 55.83 N 562 X 60'4 x 60.2 59.8 60.1 S89033'25 -E 87.00 p.6 57.0 43.50 60.3s) 1 60.1 43.50 0 x- x 58.6 58. 5 ` Drolnoga and '3 r.- xSeA �� 2.j (� • Y x37.4 utNty easement 0D y8,e se:o 560 " 577 0 15 30 60 -58 .6 56.z I 6 (58.3) (58.3) 6 I 5aa 57.0 s c a l e I n f e e t p w 8 3 59.1 (m'4 m N 0 <n 58.8 x- -' 572 X 57.9 56.18 55.43 PROPOSED TOP OF FOUNDATION - 1058.8 OTTAWA AVENUE PROPOSED GARAGE FLOOR • 1058.5 (No Basement) I hereby certify that this Survey, Plan or Report was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the Stale of Minnesota. Ls "f.7�? ?.!✓ T. l��lLt� L7c. No. a;v141 Date: �', 45 PELLINEN LAND SURVEYING HUTCHINSON MN JOB NO. 05206 SK P -332 PG 65 cp&�-)). - Iq� 7.7 57.5 _ 57.5 i(9 -ke-16 16 3i l PROPOSED PROPOSED ev SO�0 3 fPy A wl HOUSE ti HOUSE n " N �a x� i eCA Iv 1 yg� v n \ry BENCHMARK LA-) U" 'C( 0-'U Paint spot on top of curb south s _ , _ 0 7.5 I $ 3 of the centerline of Lot 7, Block I. �7x I w 57.4 3%a L - J y j y 57,4 107• Elevation 1055.82 2.17 57.5 M I or 2.17 57.5 W N �e a °o 0 Id z -7 3°1•d° N Garage a Garage za I 57.5 24 • Denotes iron monument found (58.3) 07. t s 3 I 57.1 s6.e 0 Denotes Iron monument set L(58.3) =1� x Denotes existing elevation 55.8 - - -, Denotes proposed elevation 55.8 56.8 A` I °00'1 I" -4 4 .5 L•87.00 ' .. "MS":_ Q.-- 56.18 55.43 PROPOSED TOP OF FOUNDATION - 1058.8 OTTAWA AVENUE PROPOSED GARAGE FLOOR • 1058.5 (No Basement) I hereby certify that this Survey, Plan or Report was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the Stale of Minnesota. Ls "f.7�? ?.!✓ T. l��lLt� L7c. No. a;v141 Date: �', 45 PELLINEN LAND SURVEYING HUTCHINSON MN JOB NO. 05206 SK P -332 PG 65 cp&�-)). distance of 148.13 feet to the north line of said Lot 8 and sold line there terminating. EDMONTON N x56.1 X60.1 - - - X 58.1 57.C� 0 15 30 60 scale in feet • Denotes Iron monument found O Denotes iron monument 5e1 " Denotes existing elevation ( ) Denotes proposed elevation BENCHMARK Paint spot on top of curb south of the centerline of Lot 8, Block I. Elevation - 1055.11 X 57.2 X5.8 55.9 / $89e33' 'E 55.8 56.7.. y 5'fi X ra '60.3 44.00 i Drainage ... anon tgliy eaaemanl 15 1 7,2 5T.2 (57.8) la 57 C Iq4 18 PROPOSED HOUSE 6J Garage 2.1 TI 57.1 (5757. (57.8) p 114$ 56.4 service 56. t - - L -43. Hrd an 6.0 Ss.e p • I °00'52 ' L • 88.00 �- 55.82 55.42 PROPOSED TOP OF FOUNDATION - 1058.3 PROPOSED GARAGE FLOOR - 1058.0 (No Basement) � 55.bx 3 573X 57.3 Li m I � I � N O Z WOW Catch Boslns 57.3 x 57.6 X _ _ ;'6.75 Ugh1 Pole �SS.a 55.03 56.20 OTTAWA AVENGE � 7 S I hereby certify that this Survey, Plan or Report was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the State of Minnesota. /� ��1l6d� Lic. No. ZY �, Date: !a/ 1� PoeS l PELLINEN LAND SURVEYING HUTCHINSON MN JOB. NO. 05222 BK P -322 PG 70 to ((�) ) 0 F 57.5 X 5 m � 1 31572 57.1 57.2 1-4 (57.8) - - 57.3 18 % 3 LM N PROPOSED US HOUSE - v 57.3 n I5T.31 O I 57.2 2.17 0 N Z a Garage N '37-C, I 57. 4 y 5'fi X ra '60.3 44.00 i Drainage ... anon tgliy eaaemanl 15 1 7,2 5T.2 (57.8) la 57 C Iq4 18 PROPOSED HOUSE 6J Garage 2.1 TI 57.1 (5757. (57.8) p 114$ 56.4 service 56. t - - L -43. Hrd an 6.0 Ss.e p • I °00'52 ' L • 88.00 �- 55.82 55.42 PROPOSED TOP OF FOUNDATION - 1058.3 PROPOSED GARAGE FLOOR - 1058.0 (No Basement) � 55.bx 3 573X 57.3 Li m I � I � N O Z WOW Catch Boslns 57.3 x 57.6 X _ _ ;'6.75 Ugh1 Pole �SS.a 55.03 56.20 OTTAWA AVENGE � 7 S I hereby certify that this Survey, Plan or Report was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the State of Minnesota. /� ��1l6d� Lic. No. ZY �, Date: !a/ 1� PoeS l PELLINEN LAND SURVEYING HUTCHINSON MN JOB. NO. 05222 BK P -322 PG 70 to ((�) ) Lot 9, Block 1, SOUTHWIND, according to the recorded plat thereof, except the West 44.00 feet of said Lot 9. 3 AREA • 6618 Sq Ft EDMONTON AVENUE '1,,, -1� 54.99- 54.79 54.60 8 -8 curb n Q tf0 55. X 55.5X x53'8 59.1' 58.7 I . 57.t 57. Estming Howe 0 15 30 60 scale In feet BENCHMARK Paint spot on top of curb near the southwest corner of Lot 9, Block I Elevation • 1055.02 or ti b' 58.0 Z I5 X X54.9 S89033'25 4E 102.87 X552 44.00 I 58.87 0 I - - -� 5 M72 O O s LO i i 1 B 5 1682 67.3 5 14 � 0 .16 5 57.7 57.6 0 .e 32 3 aQ m m to 57.4 II L LU �PROPOSEDR P PROPOSED I to HOUSE H I t to H ; ;L t to 7.5 Y 7 7.5, O O m A•0s30' 7 L•44.02 N ° A•0° '48 L•58.98 rater Sg g Lghr servke 56.7 rater P4140 A- 191 1'15" L- 103.00'ervice )56.43 55.01 55.07 � -� Corch 8aslns BM • Denotes iron monument found 0 Denotes Iron monument set x Denotes existing elevation ( ) Denotes proposed elevation 55.52 3w curb 58.17 n OTTAWA AVENUE PROPOSED TOP OF FOUNDATION - 1058.8 PROPOSED GARAGE FLOOR • 1058.5 (No Basement) z a 5522 J 'Q V a U 55.99 I hereby certify that ihls Survey, Plan or Report was prepared by me or under my direct supervision and thot I am a duly licensed Land Surveyor under the laws of the State of Minnesota. / Llc. No,)91_? , Date:�� AFL I -/ RESOLUTION NO. 13000 • RESOLUTION APPROVING A LOT SPLIT LOCATED AT 1160 BLUEJAY DRIVE S.W. SUBMITTED BY BRUCE NAUSTDAL, PROPERTY OWNER BE rf RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Bruce Naustdal, property owner, has submitted a request for a lot split located at 1160 Bluejay Drive S.W. to allow for construction of a twin home. Legal Description: Northerly Parcel: The Northerly 43.00 feet of Lot 3, Block 1, Ravenwood Wes4 according to the recorded plat thereof. Southerly Parcel: Lot 3, Block 1, Raven wood West, according to the recorded plat thereof, except the Northerly 43. 00 feet of said Lot 3. 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 is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, if the conditions, as outlined below are met. CONCLUSION • The City Council hereby unanimously approves the lot split with the following conditions: 1. The proposed lot split would meet the standards of the R -2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. Adopted by the City Council this 25`s day of July, 2006. ATTEST: Gary D. Plotz City Administrator • Steven W. Cook Mayor (Wo-)-5 0 MEMORANDUM DATE: July 19, 2006 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF A REQUEST BY BRUCE NAUSTDAL TO SPLIT A LOT LOCATED AT 1160 BLUEJAY DRIVE S.W. FOR CONSTRUCTION OF A TWIN HOME Pursuant to Sections 153.05 of the Hutchinson Municipal Code, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a lot splits located in the Ravemvood West plat HISTORY The property owner is requesting a lot split for construction of a twin home located in the Ravenwood West plat The lots were intended for twin homes and developed with 2 water and sewer services to each lot There are 8 lots off of Bluejay Dr. SW that could be split for twin homes. This area is in the airport zone and the building square footage cannot exceed 30,240 total for all 8 lots. This would equal 3780 sq. . 0. of building per lot Lot coverage is limited to 50% per lot FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid- 2. The parcel is located in the R -2 zoning district 3. There are no issues with this lot split in that it meets the minimum requirements for lot width, depth and size within the R2 zoning District. 4. The property was annexed to the City of Hutchinson in April 1998. A preliminary plat was approved in May of 2003. Ravemvood West final plat was approved in July 2003 and contained 21 lots with an outlot. The lots were platted as single family lots with the intention of splitting them in the future as the lots developed. The total units would be 29 units if twin homes were constructed on the eastern side. 5. There was discussion of the practice of allowing lot splits for platted developments after the building permits have been issued and the homes are under construction. The consensus of the Planning Commission was to begin requiring lots to be platted for twin homes and multifamily units with the preliminary and final plats. If necessary, a lot split could be granted after platting, however, lot splits will be required before the building permit is issued. 6. Other issues arise by allowing lot splits in developments after platting, such as addressing and assessing issues and obtaining fees due to the City that are calculated on a "per lot' basis. There was considerable discussion regarding a requirement of the developer to pay for additional trees on the newly created lots. After the discussion, the Planning Coffimssion voted not to require the extra fees for additional trees. RECOMMENDATION The Planning Commission unanimously voted to recommend approval of the lot splits with the following conditions: • 1. The proposed lot splits would meet the standards of the R -2 zoning district, subject to the conditions stated. Planning Commission 0 of Split - 1160 Bluejay Drive S.W. my 19,2006 age 2 2. 3. cc: • Moving or removing of services will be at property owner's expense. Separate services are required for each lot. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50 %. Bruce Naustdal, 1175 Dale St. S.W. �C�J3 DIRECTORS REPORT P- PLANNING DEPARTMENT To: Hutchinson Planning Commission • (Persons in attendance at Planning Staff Meeting (in bold) From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Dan Sexton, Jean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers, and Bonnie Baumetz Date: July 5, 2006 — Meeting Date: July 18, 2006 Applicant: Bruce Naustdal, property owner LOT SPLIT Brief Description The property owner is requesting a lot split for construction of a twin home located in the Ravenwood West plat. The lots were intended for twin homes and developed with 2 water and sewer services to each lot. There are 8 lots off of Bluejay Dr. SW that could be split for twin homes. This area is in the airport zone and the building square footage cannot exceed 30,240 total for all 8 lots. This would equal 3780 sq. ft. of building per lot. Lot coverage is limited to • 50% per lot. GENERAL INFORMATION Existing Zoning: R2 (Medium Density Residential) Property Location: 1160 Bluejay Dr. S.W. Lot Size: .43 acres Existing Land Use: R2 (Medium Density Residential) Adjacent Land Use And Zoning: R2 (Medium Density Residential) on the west, north and south R3 (Medium -High Density Residential) on the east Comprehensive Land Use Plan: Mixed Use Residential Neighborhood Zoning History: The property was annexed to the City of Hutchinson in April 1998. A preliminary plat was approved in May of 2003. Ravenwood West final plat was approved in July 2003 and contained 21 lots with an outlot. The lots were platted as single family lots with the intention of splitting them in the future as the lots developed. The total units would be 29 • units if twin homes were constructed on the eastern side. Applicable Regulations: Section 153.05, City Code C�C�J3 Lot split Bruce Naustdal —1160 Bluejay Dr. S.W. Planning Commission— July 18, 2006 • Page 2 SPECIAL INFORMATION Transportation: Bluejay Dr. S.W. Parldng: N/A • • Analysis and Recommendation: Staff discussed the practice of allowing platted properties in the City to allow for lot splits after the structures have been constructed. The consensus of the staff is to require the lots be platted for twin homes in the beginning. In this case, separate services have been provided by the developer. From now on, lot splits will be required before the building permit is issued for twin -home and multi- family dwellings. Staff recommends approval of the lot split request with the following recommended findings and conditions: 1. The proposed lot split would meet the. standards of the R -2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. 5. At the time of platting, money was escrowed for two trees per lot. The new lot division will require one additional tree per lot at $200.00 per tree. This will be collected with the building permit fees. Cc: Bruce Naustdal, 1175 Dale St. S.W. 6 (<--)3 0 • • 1 I I "°r rte..",,......... L T\ E / /0 /O I 6• �e ^ 0.c I l OC 1 F DUT O : l 1 OLRLOT A DXFIG At7PLAT :. Y ELYWOO'D WLS- . 1\ �•t, w+"'w.+laarrvw.b. dw.nrar «barwr.».» rnr�iwnuww. n.. w:. s..aT yb.+b wo.KI..M[.wut�c»vi 'ma pnK. bbrwa n.vL;bW agwpb cwp.iK..•wwb�b�KnlMxlsunb. me Eob1 �.r+.�+�relitw Mla ibmn..b+wL•»KbT+.�ne r.«we pieta aw».Ka. uvn aba,m. ftiad ! ",` / � \ e awkiMblPKO. e.w•v rw7 MbM lw �«K.. d.9° � tY�]Y01 \\ � b IEO:ll1 1 ' O'Y Oq»)mwlix' •YrM.Mn..V.MW:Me1,ms1, WLMM4 MT.w1 'M1 baww .s .M.lY.w»Kn x mL +r.wM'b.. 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BUILDING PERMIT SURVEY FOR BRUCE NAUSTDAL LOT 3, BLOCK I , RAVENWOOD WEST 67 DESCRIPTION FOR NORTHERLY PARCEL The Northerly 43.00 feet of Lot 3, Block I, x o RAVENWOOD WEST, according to the recorded plot 57.8 thereof. x 62.7 6 62.7 X 57.7 57.6 DESCRIPTION FOR SOUTHERLY PARCEL Lot 3, Block I, RAVENWOOD WEST, according to the recoded plat thereof, except the Northerly 43.00 feek a 214 g3 62.5 of sold Lot 3. 57.0 e�,q4 w Tt 51.4 / 51.O'x 55.4 x55.8 j-T4004, 4 �.� 6 24 I / 60 57.8. x 624 62.3 1, I?R °o °use 50.9 56.8 V N. 55.8 G NORM 0 93gg `/ 57.4 S9 I Ng0 p3.00 rot1 30 N p ta g�xK N e a "' ii, a TQ6V^ 5716 \ 9 S S02 �PRCiGL 56.a x 37.7 R1 55.2 1 J H l fI // 1 OU�H�R9gT9 sa Ft / / t7 a7. p�1 I cJ fig° �4eem " ^` ✓ 19°0• 22F 4 "W �evAW / / 4op4 44 36.9 X 55.8 x57.8 / �\ c N rT S 57.8 60.3 �l 2?0'�0 �o 1.0 !F, 81.0 .� \l z% 60.5 / 61.9 J (jOrO�e S7. 716 T 57.5 ,3 D 61 4. 37.2 57. y 57.0 61.9 N1.9 16 \ 56.83 X 'P7A 56.6 X57.3 0 PT sea PROPOSE PROPOSE • 0 x 57.4 X 1 hereby certify that this Survey, Plan or Report was preF a9.6 BENCEMARK direct supervision and that I am a duly licensed Land Sury Point spot on top of curb near the the State of Minnesota. (1 ' northeasterly corner of Lot 3, Block I. '' R�,1 6' n Lie. No./��WJ, Dater �I Elevation • 1057.72 'ELLINEN LAND SURVEYING 35,6 HUTCHINSON MN JOB NO. 06126 w 0 0 MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Melissa Starke, Administrative Coordinator FROM: Sgt. Christian Dobratz 0 DATE: July 11, 2006 RE: Transient Merchant License Background As of today's date, I have completed a background investigation on David Wajcman. Mr. Wajcman has applied with the City of Hutchinson for a Transient Merchant License. During the course of conducting this background investigation, I did not discover anything in the applicant's background that would disqualify them from obtaining this license. If you have any questions, or if you need any further investigation into this matter, please contact me. va) ll 111 Hosm Surat SMhe= Hutchinson, MIN 55350 (320) 537-515 VFs :(320)234 -4240 q City of Hutchinson APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS • 0 I UU) 1 R i Tne: N: Weight V Heigh[: E e Color: Driver's License Number: State: Z) Solicitor $100.00 Date of Application *1 �ic Transient Merchant S100.00 , El Peddler $100.00 Datc(s) of We Temporary Address: M! Od— —= CK) 4 N)Y-z A-) ❑Parade Peddler 525100 '.P City Stow zip I UU) 1 R i Tne: N: Weight V Heigh[: E e Color: Driver's License Number: State: qPermanent Address:::: SAVe ci ZIP Perma nent`felephone� Temporary Address: M! Od— —= CK) 4 N)Y-z A-) '.P City Stow zip Temporary Telephone Access: 8`7 - q ca 5 ic, misdemeanor, or violation of any municipal ordinance, other than yeyUq10 If yes, state the nature of offense and punishment or penalty assessed thcrefore: I UU) r� �J • i City afHulchvu" - Applicallon for Peddlen, Soluilors, and Tranueml Merchonb Page 1 of 4 L- Describe relationshi between applicant and employer: UW-m l — Describe nature of business and describe item(s) offered: Describe method of Describe source of su ply: �upp(i<r 'arse Suppler Phone A'umber Supplier Addresr Ciry S Supplier Now Sxppkr Phorw A'umbv ILL( NclS Supplier Addtryess��/(\ jf�� Ciry Suxre zip 1 �jwo J a � Ali J _ _ — Suppher Name Supple, Phase .vuniber i i S ppl Addreu City Swle 2rp Provide two (2) pro erty owners (preferably in Mc eod County) for character references: Pr perry new periy O* Wr Phwn.Y�� roe Owner Address Ciry rorr (im- rA0K) 3) 6- %ate • • • Ory aJ Hurchinsan .4ppUmaon for Peddkr , Sollcitws, and Tranatent Merchonrr Page 3 of 4 List last (up to three (3)) previous city {ics) where yuu carried on same activity —TJ— Clry state ) Of ACnnry State UBIC(s)of naiciry L to Cvv Sierc of Activity Sault _—_ i ,. . The following items need to be completed and/or attached in order for the plication to be processed: Applicationdnvestigation fee paid in full (check or money order): ypes ❑ no ication I hereby certify t have completely filled out the entire above application and that the application is true, correct, and accurate. i fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance ;! rays guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment fega period not exceeding 90 days or both, plus, in either case, the costs of prosecution. Police O approved Q denied Notes: _ City Council I] approved ❑ denied Notes' F, A.i<....,✓nrrficauvavR seat«,T vIomdm Dare (,(J\i • MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: JOHN RODEBERG AND RANDY DEVRIES SUBJECT: OUT OF STATE TRAVEL ?K DATE: 7/17/2006 Hutchinson City Center 111 Hessen Street SE Hutchinson, MN 55350-2522 320-587.515VFm 320 - 234 -4240 Per council policy, we are requesting out of state travel for Randy DeVries to Dallas Texas for the Water Environment Federation Annual Technical Exhibition and Conference October 21 -25, 2006. Sessions on Biosolids, Innovative Technology, MBR's, Watershed Management, • TMDL's, Automation, Facility Operations and the latest equipment in the Pollution Control Industry will be included. This conference was budgeted for 2006 and we recommend approval. Respectfully, jo ode:g Randy DeVries r1 U Panted m =ydcd paper - ( • MEMORANDUM Hutchinson City Center 111 HaSSan street SE Hutchinson, MN 55350-2522 320 - 587- 5151/Fa 320- 234 -4240 TO: City Council FROM: Rebecca Bowers, Planning Director DATE: July 19, 2006 SUBJECT: Out of State Travel Request for International Code Council (ICC) Hearings Attached is a copy of the travel request form for Lenny Rutledge, Building Official, to attend the International Code Council's 2006 Code Development Hearings in Orlando, Florida. The hearings are held Sept. 21 — 29"' and offerthe opportunity to participate directly in the Code development voting process for proposed building code changes. Lenny is on the Code Adoption committee with the State of Minnesota and is actively participating in the • Southwest Regional Chapter of Building Officials. He is directly involved in proposing changes to the Code and hopes to testify at the ICC hearings. • The cost of attending the hearings, including airfare, hotel, and expenses will be approximately $2,000 and are budgeted for 2006. The Regional Chapter expects to reimburse the City for part of the costs for Lenny to attend the hearings. The exact amount of their contribution has not been determined; however we expect a reimbursement of $500 to $1,000 to be paid to the City. Representation at the annual hearings offers several benefits: 1. Direct involvement in the development of the Building Code. 2. Representation of the City's interests at the national level. 3. Depth of knowledge on the intent of the changes in order to better communicate with architects and contractors. 4. Education credits required for Lenny to maintain his Building Official certification. 5. Staff development and on -going training for the Building Department. Thank you for considering this request for participation in the development of Building Code and on -going education and development of the Building Department. Printed m rayckd paper - Loif 1AFORMSURAVEL TRAVEL APPROVAL REQUEST FORM •Utilize this form in all cases that exceed one working day NAME LLrnv R., fl-A) 4v Conference name or purpose of travel . it DEPT 8sa j DATE: 7 /ir/ot je Destination 6 -, ) a n S o t' 10 e d & Estimated Mileage JjC 00 Total estimated travel cost (including lodging, meals & registration) a-o d o. ( J Ovemight stay? YES _)� NO Date Leaving 'I ;�-1 k 6 Date Returning BUDGET STATUS: Is the above conference /seminar budgeted for the current year? YES Estimated amount of travel budget remaining before this request $ 3, 00 O. 00 CASH ADVANCE REQUESTS: NO •Upon return, attach all receipts to a completed expense report. Cash advance checks will be returned to your department. Amt Requested $ Check payable to: CHECK REQUESTS: Purpose Amt Requested $_ �- 7240 Check payable to: N W A Purpose A, -f try Amt Requested $Q0p." Checkpayableto: Lannj Rv kk 14f Purpose �,st4�lageo�s Amt Requested $1;=9 y.sl Check payable to: A,S 4sy15 C 6.oh wjo Purpose a in Mail Check (include registration forms) Return check to department APPROVALS: Department Director's Approval k d'�GC�t Account Finance Director's Approval City Administrator's Approval 130 - �e320 •PROVIDE THIS COMPLETED FORM ALONG WITH REGISTRATION FORMS TO FINANCE DEPARTMENT 7 DAYS PRIOR TO DATE LEAVING OR DATE OF CONFERENCE. REFERENCE CITY TRAVEL POLICIES 3.22 AND 3.23. 0 SUBDIVISION AGREEMENT Fairway Estates Third Addition CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter by and between M &P Partners, a Minnesota Corporation, hereinafter called the "Subdivider"; and Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City "; • WITNESSETH: WHEREAS, the Subdivider is the owner and developer of property situated in the County of McLeod, State of Minnesota, which has been surveyed and preliminary platted as "Fairway Estates Third Addition " and further described in the existing legal description as: Outlot A, Fairway Estates Second Addition WHEREAS, City Ordinance No. 464 and 466 requires the Subdivider to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: I. SITE PREPARATION AND GRADING It is agreed and understood that the Subdivider shall be responsible for all work associated with site preparation and grading. All areas within the final plat, but outside of the rights -of -way, shall be graded to within 0.5 feet of final grade to allow for proper drainage, and the installation of utilities. The entire right -of- way shall be graded to within 0.2 feet of final subgrade, as noted in the approved improvement plans for the project. Any and all unstable soil conditions or soils unsuitable for construction in the right -of -way shall be corrected and/or replaced The Subdivider shall clear trees and/or debris from utility easements and rights -of- way, as per the request of the City or utility, prior to installation of the improvements. All soils shall be compacted to a minimum of 90% Standard Proctor Density. All work shall conform to the approved Site Grading and Improvements Plan, and shall be completed prior to the commencement of building construction Fairway Estates Third Addition/Page 1 — July 20, 2006 on the site. The construction may be completed in stages, as approved by the City. • 2. The Subdivider shall complete all work noted in Paragraph No. 1, and provide a written verification from a professional engineer or surveyor, prior to installation of utilities and/or issuance of building permits. This work must be approved by City staff and related utilities to allow for extension of utilities to serve the site. Any costs associated with these requirements shall be the sole responsibility of the Subdivider, and are not financed through the City. It shall be the responsibility of the Subdivider to assure that the Site Grading Plan and Final Plat are being conformed to during house construction within this subdivision. This responsibility shall include the notification of contractors, builders, and lot buyers as to the drainage and grading requirements, lowest floor elevation requirements, and the type of house (i.e. split entry, walkout, etc.) that may or may not be able to be built for each lot. Site plans for each house must conform to the approved Site Grading Plan. It is essential that the vertical and horizontal locations of the structure are verified to avoid conflict with infrastructure and potential drainage issues. Any costs associated with correcting these conflicts and issues shall be the sole responsibility of the Subdivider. 4. The Subdivider shall provide all turf establishment and erosion control necessary to protect the utilities and street improvements on the entire site. The Subdivider shall also provide all erosion control during site grading and improvement work necessary to meet local, state and federal requirements. Any subdivision disturbing one acre or more of land needs to obtain an NPDES /SDS (National Pollutant Discharge Elimination System/State Disposal System) permit through the MPCA (Minnesota Pollution Control Agency). Information regarding the permitting process can be accessed at www.pr-a.state.rrm.us/water/stormwater/stormwater-c.htrl or by calling the City's Regulatory Specialist at (320) 234 -5151. A copy of the submitted permit and associated Stormwater Pollution Prevention Plan • (SWPPP) must be provided to the Regulatory Specialist prior to construction commencing within the site. All disturbed areas shall be seeded, mulcbed, and disc anchored with MNDOT seed mix 250GR within 48 hours after final grading is completed or within one week after rough grading is completed. Any areas disturbed adjacent to a stormwater pond, drainage ditch or existing wetland shall be seeded with MNDOT seed mixture 310 and covered with erosion control blanket. Any corrective measures to address erosion control and turf establishment are at the expense of the Subdivider. The City shall notify the Subdivider in writing, of work needing completion. If no action is taken by the Subdivider within 10 days or sooner if determined necessary, the City reserves the right to complete this work and invoice or assess the Subdivider. 5. It is understood and agreed that it shall be the Subdivider's responsibility to provide survey control points for all infrastructure and site construction. 6. It is understood and agreed that the Subdivider shall be responsible for maintaining the condition of the infrastructure, mowing, weed control and other site maintenance issues during site and building construction. The Subdivider shall be required to maintain and clean the roadways and storm sewers/ponds on a regular basis, and shall repair or replace any street, storm sewer/ponds, sanitary sewer or watermain infrastructure damaged by operations related to site and building construction. The Subdivider hereby designates Dan Salzer at Otto Associates, Inc. at (763)-682 -4727 as the person responsible for site issues. The City will not be responsible for any maintenance of the site. The City shall notify the Subdivider in writing, of work needing completion. If no action is taken by the Subdivider within 10 days or sooner if determined necessary, the City reserves the right to complete this work and invoice or assess the Subdivider. 7. The Subdividers will complete the grading, turf establishment and necessary permanent erosion control on the site by November 15, 2006. If the Subdivider fails to meet this completion date, the City reserves Fairway Estates Third Addition/Page 2 — July 20, 2006 G ()) the right to hire a contractor to finish the remaining work and invoice or assess the Subdivider for the • associated costs. II. ASSESSMENTS /IMPROVEMENTS 1. The Subdivider hereby agrees to construct lateral and trunk sanitary sewer mains and appurtenances, lateral and trunk watermain and appurtenances, sanitary sewer service leads, water service leads, lateral and trunk storm sewer and appurtenances, curb and gutter, street grading, street base, street surfacing, street signs and lighting, and appurtenances to serve the entire plat. All work shall be completed by forces employed by the Subdivider, and the work shall meet all applicable local, state and federal regulations and construction standards. The City shall approve all construction documents and shall have overview and final approval of all infrastructure proposed to be turned over to the City. All roadway improvements shall be considered private infrastructure with all maintenance activities including but not limited to pavement/curbing repairs, pavement surface treatments, snow removals, sweeping, etc. being the responsibility of the adjacent property owners (Lots 1 — 8). If proper roadway maintenance is not administered, the City reserves the right to address issues that impact emergency access, human health, environmental contamination, etc. and assess all associated costs to the adjacent property owners (Lots 1 — 8). 2. It is understood and agreed that the City shall collect a lump sum fee for services provided to the Subdivider. It is agreed that the Subdivider will have a consultant, Otto Associates, complete the following at his own expense: project design (including plans and specifications), construction staking, general project administration, construction observation, and detailed as -built drawings in AutoCAD. The City shall complete the following at the noted percent of construction cost. It is agreed and understood that these costs will be paid prior to construction, and that rates are in consideration of work to be famished and completed by the Subdivider's consultant • HRA Affordable Housing Fund 1.0% Design Review/Prehmmary Layout 2.5% Administrative/Prehm. Development 1.5% Comprehensive Planning 1.5% Leual/Fiscal/Financial 0.5% TOTAL CITY EXPENSE RATE 7.0 %* *The expense rate shall be applied against the total construction cost, excluding mass grading, estimated to be $156,230.50. The amount is based upon the Engineer's estimate and is subject to change and will be based on actual bid received July 27, 2006. Thus, the lump sum fee shall be 7% of actual bid amount. 3. It is understood and agreed that each lot shall pay a Trunk Sanitary Sewer and Watemrain Access Charge. This fee will compensate the City for improvements required to provide tnmk sanitary sewer and watermain access to the plat property boundary. This fee shall be based on the most current fees being charged by the City and is due at the time of building permit issuance. These rates for the year 2006 are $1,545 per lot for trunk sanitary sewer and $1,175 per lot for trunk watermain. 4. It is understood that there are no current City assessment against the property for work previously completed within the other Fairway Estates developments or adjacent City projects. If Koglin Road is reconstructed by the City in the future, this subdivision will be subject to private property assessments for the improvements, per City policy. 0 Fairway Estates Third Addition/Page 3 — July 20, 2006 5. It is understood and agreed that any agreements regarding the method and procedure for assessments from municipal improvements shall, at the sole option of the City, cease to be effective thirty-six (36) months following approval of the Subdivision Agreement by the City. The City may exercise the option granted herein by giving written notice at any time, either before or after the expiration of the thirty -six (36) month period, of the City's intention to nullify the method and procedure for spreading assessments under the terms of the Subdivision Agreement. hr the event the City so elects, all assessments subsequent to the notice shall be spread and imposed pursuant to Chapter 429 of Minnesota Statutes or other applicable laws. The written notice called for by this paragraph shall be given to the fee owner of the property as disclosed by the records of the McLeod County Recorder or Registrar of Titles. III. OTHER FEES, CHARGES AND DEDICATIONS 1. It is agreed and understood that the Subdivider shall provide a surety in the form of a bond or letter of credit in favor of the City, in the amount of 100% of the proposed improvements cost excluding mass grading based upon engineer's estimates and subject to change based upon the actual private bid form to be received July 27, 2006. The bond or letter of credit is due prior to the commencement of grading operations. 2. It is understood and agreed that the Subdivider shall, prior to installation of utilities, pay connection fees for Electric /Gas Service to Hutchinson Utilities for all units to be served in the final plat. These fees include the standard connection to each house including required meters. Services larger than the standard residential sizes will be at a higher cost. 3. It is understood and agreed that a Parks and Playground Contribution shall be made in the form of $215 per unit for Rl zoning within this plat. Thus, the total fee for the proposed 8 lots is $1,720. • 4. The Subdivider will provide dollars to the City for the planting of boulevard trees at a rate of $200 per tree (2 frees per lot x 8 lots), which equals $3,200. The City will keep these dollars in reserve until a majority of the development has buildings completed and then plant the trees within the boulevard areas. The location and type of trees shall be determined by the City Forester. IV. GENERAL 1. It is understood and agreed that no building permits will be issued for building construction prior to the utility and street improvements being completed and accepted by the City. Any damage to surrounding private property or City infrastructure that occurs due to building construction shall be the responsibility of the Subdivider to correct. 2. It is understood and agreed that all local, state and federal permits required to be obtained for the development shall be the responsibility of the Subdivider. 3. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 4. It is understood and agreed that the Subdivider shall record this agreement at the McLeod County Recorder'sOffice or McLeod County Registrar of Titles Office, and that no Building Permits will be issued until said Agreement is recorded and a certified copy of this agreement is provided to the City. The Subdivider shall pay all costs associated with said recording. 0 Fairway Estates Third Addition/Page 4 — July 20, 2006 (D �) • • M & P Partners (Subdivider) Signature: STATE OF MINNESOTA COUNTY OF • CITY OF HUTCHINSON: SIGNATURES Printed Name & Title The foregoing instrument was acknowledged before me this day of 2006, by Chief Executive Officer of a Minnesota Corporation. Notary Public, My Commission Expires County, Minnesota STEVEN W. COOK, MAYOR GARY D. PLOTZ, CITY ADMINISTRATOR STATE OF MINNESOTA The foregoing instrument was acknowledged before me this COUNTY OF day of 2006, by Steven W. Cook, Mayor and Gary D. Plotz, City Administrator of the City of Hutchinson. Notary Public, My Commission Expires THIS INSTRUMENT WAS DRAFTED BY: Kent Exner, PE, City Engineer Rebecca Bowers, Director of Planning/Zoning/Building Hutchinson City Center I I I Hassan Street SE Hutchinson, MN 55350 -2522 (320 - 2344212) or (320-2344258) • Fairway Estates Third Addition/Page 5 — July 20, 2006 County, Minnesota MO • Hutchinson Area Health Care Hutchinson Community Hospital Bums Manor Nursing Home • Dassel Medical Center 1095 Highway 15 South Hutchinson, MN 55350 (320) 234 -5000 July 19, 2006 The Honorable Mayor Steve Cook and Members of the City Council Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 Dear Mayor Cook and City Council Members: The Board of Directors of the Hutchinson Area Health Care (HAHC), as part of their regular meeting on July 18, 2006, considered one item which requires your approval. The following is a draft excerpt from the minutes of the board meeting. "Med Net IV Pump Software: The board received a request to purchase a Med Net N Pump software system that would assist the staff in preventing medication • errors. The Pharmacy & Nursing staff has provided research that will demonstrate improved administration processes for IV medications which will result in a reduction in medication errors in a hospital setting. • • Following discussion, Snapp made a motion, seconded by Mueller to request the City Council to authorize the purchase of the Med Net IV Pump software system, at a cost of $219,909.00. All were in favor. Motion carried." Thank you in advance, for consideration of this request. Kay Peterson can answer questions you may have. Sincerely, Philip G. Graves Hutchinson Area Health Care President • Hutchinson Area Health Care Hutchinson Community Hospital Burns Manor Nursing Home • Dassel Medical Center 1095 Highway 15 South Hutchinson, MN 55350 (320) 234 -5000 July 20, 2006 The Honorable Mayor Steve Cook and Members of the City Council Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 Dear Mayor Cook and City Council Members: The Board of Directors of the Hutchinson Area Health Care (HAHC), as part of their regular meeting on July 18, 2006, considered an item which requires your approval. The following is a draft excerpt from the minutes of the board meeting. "Surgery Remediation Project: The board received a presentation from Leo Monster Architect, Horty Elving and Associates regarding the remodeling of two operating rooms and some other related areas in the vicinity of the rooms within • the operating suite. These rooms were the constructed in 1970 and are in need of update. Additionally the two rooms will be increased in size in order to accommodate the current needs. Monster reviewed all bids (see attached) and recommends accepting the low bidder in all categories for which bids were received. The general work did not receive a bid and consequently will be divided into smaller packages for quotations from contractors. It was also noted that an abatement contractor needed to be hired and a price (not included in the bids or construction costs) was estimated. Following discussion, Knutson made a motion, seconded by Mueller to request the City Council to authorize accepting the low bidders for the Surgery Remediation Project, at a construction cost of $742,000.00. All were in favor. Motion carried." Thank you in advance, for consideration of this request. Kay Peterson or Marc Sebora can answer questions you may have. ce ely, • hilip G. Graves Hutchinson Area Health Care President &CO _r i 0 Hutch nson Area Health Care Bid Tabulation Surgery Remediation 7/18/06 Bid Package Specification Sections Bidders Amount Lowest Qualified 1- General $80,000.00 Section 02060- Building Demolition Section 05500- Steel Fabrication (LBcl`T) Section 06100- Rough Carpentry (1.&M) Section 07900- Sealants (L&M) Section 08100- Hollow Metal (L&M) Section 08200 - Wood Doors (L&M) Section 08305 - Access Doors (1.&Ivi) Section 08700- Door Hardware (L&M) Section 09500 - ACT Ceiling (L&M) Section 10260- Wall & Comer Protection (L&M) Section 11700- Medical Equipment (L) Contingency (10 %) 1 �t1�J -t�Q� YY 15,000.00 21,000.00 6,000.00 2,500.00 2,500.00 1,500.00 4,000.00 2,900.00 3,800.00 1,500.00 12,000.00 7,300.00 (estimated) 2 3 4 5 6 7 8 9 10 11 12 2- Gypsum $50,850.00 Wallboard Section 09250- Gypsum Wallboard (L.&1) 1 Northwest Drywall $50,850.00 3. Sterile Sliding $19,997.0 Doors Section 08342- Sterile Sliding Doors J-&M) 1 Roy C, Inc. $19,997. 2 Tee Jay North, Inc. $40,248.6 Horty ENing Construction Services, Inc. 1 of- 3 Hutchon Area Health Care • Bid Tabulation Surgery Remediation 7/18/06 Bid Package Specification Sections Bidders Amount Lowest Qualified $id 4-'Wall Finishes Section 09900- Paint (L&M) Section 09950 - Wall Covering (I .&N) 1 1 1 Henkmeyer Painting $8,107. 2 Steinbrecher Painting $8,800.0 5- Floor Finishes $15,466.00 Section 09652- Safety Flooring (L&M) Section 09310- Cerarnic Tile (L&M) 1 Mxltiple Concepts $15,466.00 2 6. Mechanical '' $185,000. Division 15 (L&M) Includes Section 15070 - Through Penetration Fire- Stopping for Mechanical Svstems (I" Note: Roofing work at roof penetrations is included. 1 Chappell Central $185,000.00 2 New Mech $199,950. 3 TEK Mechanical $216,641.00 7- Electrical $71,282.00 Division 16 (1,W Includes Section 15070 - Through Penetration Fire - Stopping for Electrical Svstems 1 Wi/lmarElectuc $71,282. 2 Quade Electric $91,147. 3 Parsons $137,000.00 8A- Medical - $22,164: Columns tiectl 00- Medical Equipment- 6 Medical Service Colunins (M) 1 Med Con, Inc. (Amicn) $22,164.00 2 Modular Services Company $24,047.00 Horty ENing Construction Services, Inc. 2 -of- 3 r-- - 0 0 0 Hutchinson Area Health Care Bid Tabulation Surgery Remediation 7/18/06 _� Horty Elving Construction Services, Inc. 3 -of- 3 Lowest Qualified Bid Package Specification Sections Bidders Amount Bid 8B- X -Ray $2,82.00 Viewers Sccrion 11 -00- Aleclical Egwpment- (4) Two Pancl X -Ray View 1 NXC'lmagireg S2,282.00 Boxes i \1� 9- LP Cabinetry $$7,440.00 Section 12350- Laminaie Plastic Cabinetwork 1 1-IeryB $7,440.00 Bid Package Total: $462,588.00 Construction Support (General Conditions): $217,026.00 Total Construction Cost: $679,614.00 Construction Contingency (5 %): $33,980.70 Subtotal: $713,594.70 CM Services Fee (4 %): $28,543.79 'Total: $742,138.49 Notes: Bid package #1- General is estimated by CM at 580,000. Breakout Sunounts bV section listed above. Bid Packagc #7: lVilmar Llcctric did not include prom um labor rates for night work in their original bid. They have requested a 57737.00 add to their original bid of 563,545.00. Bid Package #8A is estimated at $22,164.00 based on faxed quote from Med -Con ( rrico) received after the bid time. %led -Con quote does not include shipping and handling costs. Modular Services Company also provided a late quote of $31,595.00 and then revised it to $24, 047.00. The Modular S(-r\-Ices quote includes $917.00 for S &H. We have also requested a quote from HIl Rom. The Bid Package #8B quote does not include shipping and handling. This cost sheet does not include Owner's cost of mold abatement by mold abatement contractor including temporary barriers, temporary ventilation, abatement, disposal, testing and /or clean up. "Phis cost sheet does not include Owner's cost of new flash sterlizer to be installed as part of this project. _� Horty Elving Construction Services, Inc. 3 -of- 3 CITY OF HUTCHINSON MEMO Finance Department July 20, 2006 TO: MAYOR 6 CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: FEES FOR HOUSING BONDS Fees have been collected to reimburse the City for costs when housing bonds or refinancing of housing bonds are authorized by the City Council. • A fee of one half (1/2%) percent has been used in the past for such issues and with council approval would apply to the bonds being authorized following the public hearing at this meeting. Action Requested Council approval is request to charge one half (1/2 %) percent for the bonds being issued to refinance the Second Century Housing Project in Hutchinson by the City of Lake Crystal. H: \DOC \City council memo 4 inform mtg.doc f ' �J q(g)-- BRIGGS AND MORGAN • PROFESSIONAL ASSOCIATION July 13, 2006 Gary Platz City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 -2522 Re: City of Lake Crystal, Minnesota — Ecumen Project Dear Gary 2200 FIRST NATIONAL BANK BUILDING 8312 MINNESOTA STREET SAINT PAUL. MINNESOTA 55101 TELEPHONE (651) 808 -6600 FACSIMILE (651) 808 -6450 WRITER'S DIRECT DIAL (651) 808 -6404 WRITER'S E -MAIL kganley @brlW.com Enclosed in connection with the above- referenced issue is the Amended and Restated Joint Powers Agreement which will be approved by the City Council at its meeting on July 25a'. Once the City has adopted the Resolution, please see that I am provided with a certified version, along with an Affidavit of Publication. I am also enclosing eight signature pages to the • Amended and Restated Joint Powers Agreement and would ask you to sign them and provide them to me at your first opportunity. Once this issue closes, I will see that you are provided with a fully executed Amended and Restated Joint Powers Agreement. If you have any questions, please let me know. Very mily your si e I ley a ega KKG/bc Enclosure 1924645v1 MINNEAPOLIS OFFICE • IDS CENTER • WWWBRIGGS.COM MEMBER - LEX MUNDI, A GLOBAL ASSOCIATION OF INDEPENDENT. LAW FIRMS 9c4� AMENDED AND RESTATED JOINT POWERS AGREEMENT PROVIDING FOR THE ISSUANCE OF REVENUE REFUNDING BONDS TO REFINANCE HOUSING FACILITIES (SECOND CENTURY HOUSING PROJECT) THIS AGREEMENT is entered into as of the 1st day of 2006, among the City of Le Center, Minnesota ( "Le Center "); the City of Hutchinson, Minnesota, ('Hutchinson "); the City of Lake Crystal, Minnesota ('Lake Crystal'); the City of Mapleton, Minnesota ('Mapleton "); the City of New Richland, Minnesota (`New Richland "); and the City of St. Peter, Minnesota ( "St. Peter "); (collectively, the "Cities ", or individually, a "City"). Each of the municipalities named above is a municipal corporation duly organized under the laws of the State of Minnesota. 1. Minnesota Statutes, Section 471.59 (the 'Joint Powers Act ") provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties, and may provide for the exercise of such power by one of the participating governmental units. 2. In connection with revenue bonds issued under Minnesota Statutes, Chapter 462C and Section 469.152 to 469.1651 (the "Act "), Section 462C.14, Subd. 3 provides for joint action between cities pursuant to the Joint Powers Act. 3. In September, 1999, the Cities entered into a Joint Powers Agreement dated as of • September 1, 1999 (the "Prior Joint Powers Agreement') providing for the issuance by Le Center of its $9,550,000 Housing and Health Care Facilities Revenue Bonds (Second Century Housing Project), Series 1999 (the "Prior Bonds "). 4. Second Century Housing, a Minnesota nonprofit corporation (the "Company ") has proposed that the Cities amend and restate the Prior Joint Powers Agreement to provide for the issuance by Lake Crystal of one or more series of revenue bonds (the 'Bonds ") in an amount not to exceed $10,000,000 to be loaned to the Company to refinance the projects described in Exhibit A. Proceeds of the Bonds will be used to refund the outstanding principal balance of the Prior Bonds. 5. Each City will adopt a resolution (i) evidencing its intent to enter into this Agreement and (ii) granting host approval (or, in the case of Lake Crystal, granting approval) to the issuance of the Bonds as required under the Internal Revenue Code. 6. Lake Crystal shall exercise the powers of the Act by adopting, approving and executing such resolutions, documents, and agreements as shall be necessary or convenient to authorize, issue, and sell the Bonds and such other resolutions, documents, and agreements as shall be necessary or required in connection with the issuance of the Bonds and giving effect to or carrying out the provisions of this Agreement and documents under which the Bonds are issued and/or secured. 7. The Bonds shall be special, limited obligations of Lake Crystal, payable solely • from proceeds, revenues and other amounts pledged thereto and more fully described in the Indenture. In no event shall the Bonds ever be payable from or charged upon the general credit, 1919371x2 taxing powers or any funds of any of the Cities; the Cities are not subject to any liability thereon; • no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of any of the Cities to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of any of the Cities; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of any of the Cities; and the Bonds do not constitute an indebtedness of any of the Cities within the meaning of any constitutional, statutory, or charter limitation. No amount of the Bonds will be allocated to any of the Cities other than Lake Crystal for purposes of Section 265 of the Internal Revenue Code of 1986, as amended. • 8. This Agreement shall terminate upon the retirement or defeasance of the last outstanding Bonds, and this Agreement may not be terminated in advance of such retirement or defeasance. 9. This Agreement may be executed in counterparts, each of which shall be an original, but such counterparts shall together constitute but one and the same instrument. 10. This Agreement completely amends, restates and takes the place of the Prior Joint Powers Agreement. 1919371x2 91 A) • • • EXHIBIT A Description of Project The following facilities are owned by Second Century Housing, a Minnesota nonprofit corporation: 1919371x2 City in which the Facility is located Number of Assisted Living Units Address Hutchinson 42 945 Century Avenue Lake Crystal 24 511 West Blue Earth Le Center 26 175 East Derrynane Mapleton 18 206 Third Avenue NE New Richland 19 113 First Street SW St. Peter 42 700 Knight Street l] (6� Extract of Minutes of a Meeting of the • City Council of the City of Hutchinson, Minnesota • Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Hutchinson, Minnesota, was duly held at the City Hall in said City on Tuesday, the 25th day of July, 2006 at P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION GIVING APPROVAL TO THE ISSUANCE OF TAX EXEMPT HOUSING AND HEALTH CARE REFUNDING REVENUE BONDS AND AUTHORIZING EXECUTION OF AN AMENDED AND RESTATED JOINT POWERS AGREEMENT RELATING TO SUCH REVENUE BONDS (SECOND CENTURY HOUSING PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 1915118x1 ICa) RESOLUTION GIVING APPROVAL TO THE . ISSUANCE OF TAX EXEMPT HOUSING AND HEALTH CARE REFUNDING REVENUE BONDS AND AUTHORIZING EXECUTION OF AN AMENDED AND RESTATED JOINT POWERS AGREEMENT RELATING TO SUCH BONDS (SECOND CENTURY HOUSING PROJECT) WHEREAS, in September 1999, Second Century Housing, Inc., a Minnesota nonprofit corporation, undertook the acquisition, construction and equipping of a project consisting of six (6) assisted living facilities located at (a) 945 Century Avenue in the City of Hutchinson, Minnesota (the "City"), consisting of 42 units, (b) 511 West Blue Earth in the City of Lake Crystal, Minnesota ( "Lake Crystal'), consisting of 24 units, (c) 175 East Derryane in the City of Le Center, Minnesota ( "Le Center "), consisting of 26 units, (d) 206 Third Avenue NE in the City of Mapleton, Minnesota ( "Mapleton "), consisting of 18 units, (e) 113 First Street SW in the City of New Richland, Minnesota ('New Richland "), consisting of 19 units, and (f) 700 Knight Street in the City of St. Peter, Minnesota ( "St. Peter "), consisting of 42 units (collectively, the "Project ") which was financed from the proceeds of the $9,550,000 Housing and Health Care Facilities Revenue Bonds (Second Century Housing Project), Series 1999 issued by Le Center (the 'Prior Bonds ") pursuant to a Joint Powers Agreement dated as of September 1, 1999 among the City, Lake Crystal, Le Center, Mapleton, New Richland and St. Peter; and WHEREAS, the Borrower has proposed that Lake Crystal issue its Housing and Health Care Refunding Revenue Bonds (Second Century Housing Project), Series 2006A and Series • 2006B (the "Bonds ") to refund the outstanding principal amount of the Prior Bonds; and WHEREAS, the Borrower has proposed that the City, Lake Crystal, Le Center, Mapleton, New Richland and St. Peter enter into an Amended and Restated Joint Powers Agreement under Minnesota Statutes Section 471.59 pursuant to which Lake Crystal will issue the Bonds to refinance the Project; and WHEREAS, the Bonds will be payable solely from revenues of the Borrower, will not be a general or moral obligation of the City, Lake Crystal, Le Center, Mapleton, New Richland and St. Peter or any other political subdivision of the States of Minnesota, but will be payable solely from revenues of the Borrower, to the extent and in the manner provided in the documents executed in connection with the issuance of the Bonds; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, as follows: 1. Based on representations made by the Borrower, the City expects to receive substantial benefit from the Project which will continue to provide additional elderly housing and health care facilities within the meaning of the Act, accessible and available to residents of the City. 2. This City Council has received a draft of the Amended and Restated Joint Powers • Agreement among the City, Lake Crystal, Le Center, Mapleton, New Richland and St. Peter (the "Joint Powers Agreement "). 1915118x1 3. In no event shall the Bonds ever be payable from or charged upon any funds of • the City; the City is not subject to any liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the Bonds do not constitute an indebtedness of the City within the meaning of any constitutional, statutory, or charter limitation. 4. The Joint Powers Agreement is hereby approved in substantially the form now on file in the office of the City; and the Mayor and Administrator of the City are authorized to execute the same in the name of and on behalf of the City. In the event of the disability or the resignation or other absence of the Mayor or Administrator of the City, such other officers of the City who may act in their behalf shall without further act or authorization of the City do all things and execute all instruments and documents required to be done or to be executed by such absent or disabled officials. The approval hereby given to the Joint Powers Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and by the City officials authorized herein to execute the Joint Powers Agreement prior to their execution; and such City officials are hereby authorized to approve said changes on behalf of the City. Adopted by the City Council of the City of Hutchinson, Minnesota, this _ day of July, 2006. is Attest: Administrator • 1915118x1 Mayor I to)- STATE OF MINNESOTA • COUNTY OF MCLEOD CITY OF HUTCHINSON • n LJ I, the undersigned, being the duly qualified and acting Administrator of the City of Hutchinson, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of such City duly called and held on the date therein indicated, insofar as such minutes relate to a resolution giving host approval to the issuance of revenue bonds and authorizing execution of a Joint Powers Agreement (Second Century Housing Project). 1915118vI WITNESS my hand this day of 2006 Administrator qcG� e H R h OPTIONS EST. COST _ BASE TRAIL PROJECT $1,220,000 - WEST EXTENSION $124,000 - EAST EXTENSION $95,000 - SOUTHEAST SPUR $12,000 3 w 0 PROP. TE r a PROP. PE x EX. RW- COST BREAKDOWN EX. RW ,,0 TEL PROP'. T ROP. PE- LUCE l-vtE ODD FELLOWS PARK TH 7 / SCHOOL ROAD PEDESTRIAN UNDERPASS Consulting Gronp, Inc City of Hutchinson 5375 7/24/1005 LLING OAKS LANE N.W 3 Z � 0 Jx 0 V ~ RKINR SEUM i PROP. PE P 1 Figure 1 CITY OF HUTCHINSON MEMO Finance Department July 20, 2006 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: 2006 BONDING Documents calling for the sale of the 3 bonds to be issued by the City for 2006 are enclosed. Pre -Sale reports for the 2006 Improvement Bonds, 2006 GO Water Bonds, and 2006 GO Wastewater Bonds were prepared and will be reviewed by our Ehlers Financial Consultants Tuesday. • The resolutions requested to be approved by the City Council set the dollar amount of the bonds, the date bids will be opened and awarded by the City. H: \DOC \City council memo 3.doc r 1 �J ac0. City of Hutchinson, Minnesota Pre -Sale Report July 25, 2006 Proposed Issue: $3,230,000 General Obligation Improvement Bonds, Series 2006A Purpose: The bonds will finance the City's 2006 public improvement projects, including Highway 7 reconstruction; Denver Avenue; street, sidewalk, and trail maintenance; trail improvements; and the 2006 pavement rehabilitation projects. Term: The bonds will have a term of 15 years. Funding Sources: The bonds will be repaid with special assessments and tax levy. Special assessments are to be levied for 52% of the project costs. The remaining $1,565,000 of the bonds will he supported with the tax levy. The Bonds will be secured with a general obligation pledge from the City of Hutchinson. Discussion Items: The bonds have been structured consistent with the direction Council provided at their June 13, 2006 meeting. The term is 15 years, and the principal repayment is • structured to achieve level annual debt payments on future bonds by 2010. The annual debt levy is scheduled to increase 5% per year. Schedule: City Council Pre -Sale Review: Distribute Official Statement: Rating Agency Interview Bond Sale: Estimated Closing Date: July 25, 2006 Week of July 30 Week of July 30 August 8, 2006 Awarded at regular City Council meeting. September 5, 2006 Ehlers Contacts: Financial Advisors: Steve Apfelbacher (651) 697 -8510 Jessica Cook (651) 697 -8546 Bond Analysts: Diana Lockard (651) 697 -8534 Debbie Holmes (651) 697 -8536 Bond Sale Coordinator: Connie Kuck (651) 697 -8527 Attachments: Resolution authorizing Ehlers to proceed with bond sale Proposed Debt Service Schedule and Assessments • Chart Showing Future Debt and Target Levy Bond Buyer Index Graph on Interest Rates The Official Statement for this financing will be mailed to the Council Members at their home address for review 9to-) Ll • i FREERS L ASSDCIArES INC Resolution No. Council Member introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $3,230,000 General Obligation Improvement Bonds, Series 2006A A. WHEREAS, the City Council of the City of Hutchinson, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $3,230,000 General Obligation Improvement Bonds, Series 2006A (the "Bonds "), to finance certain public improvements; and; B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Hutchinson, Minnesota, as follows: 1. Authorization: Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting: Proposal Opening. The City Council shall meet at City Hall on August 8, 2006, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Dated this day of City Clerk • Prepared by Ehlers & Associates, Inc. dly of Nutchie ,MN cellna. Bah.JaN EHLERS Band I,a trfl n Propo G.O. Bond%8 206 Demd Date aY1008 Pr P+naea of Bade 3,230000 let 101smt Pant 2/12007 Cmstoadlon Fuo lrty 28,304 iC P&h pw Py,,t 2/12007 Td S. 3,258,304 Averse Casgal Ta tlyds e. dtrarnl (1.100X) 4530 TIC 46978% Coate of lasuanm 28000 NC DaWf4 M Pf*d Caublr4bn FU 3.190,533 Roadkp An1an1 4,241 Tote) Uses 3.258304 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Ta Propw Lavy Fit Ed EY BWrnand Levy Callao[ payed 1 -Fab flat Pal ,4aaaaamvrl Mary du [rifYrp BWaa 8.rl.a BerMa F1dWa To Tarps[ Owrl Yur Y. Uab Pr MpM (tam IMeraat Pal +6.00% Renra» Only Levy 3081 MIS 36011 Oebl' L w L-T- IhWM X()5 2006 8'5(1008 1261f10) - - - - 1,492.666 1.492,886 1,492,888 M()8 2007 12612007 M." 3.75% 127,513 212,513 223,138 (227.985) (4,617) 1,580,681 1,588661 1560,881 (0) 2007 2106 12612(106 165000 3.95% 136,934 321,934 0380) (219,642) 116,369 1,527,526 - 1'15,915 1,059,094 (13,779) 2008 2(100 12612('9 110,000 4.)96 131,060 241,D80 253,1% (211,298) 41,638 1,524,268 188000 168000 1,728,104 1,742.M (16,575) 2108 2010 12612010 70,000 4.05% 127,483 197,183 207,335 (202,055) 4,381 1,528,294 125,000 168000 265,)0 1 ,817,675 1,829,813 (12,138) X10 2111 Imim11 70000 4.10% 124,610 194,810 2 'Ml (191'11) 8,729 1,513,137 125000 135,000 125,000 385.m 1,907,668 1,821,303 (13,436) 2011 X12 12612012 115,000 435% 1X,3(16 235,306 268,072 (256,615) 11,256 1,4X353 145,000 148000 125,000 570,000 2.001,509 2.017,388 (15,859) 2012 X13 12612013 165,000 4.30% 113,690 2 .m 292,835 (245,4X) 47,411 1,157,659 155,000 160,000 230,000 985,0) 20X,270 2,118237 (47.907) X13 X14 12612014 125,0 44096 1(V,593 232.593 241,212 (234,)1) 10,191 1,138766 170,0) M(MI 188000 970,000 2,118,979 2. 714,149 (105,170) 414 X15 12612015 110,0) 4.45% 102.395 212.395 223015 (M.twt) 375 1,081,366 170,0) 165000 1)000 1,135,000 2319,741 2,335,358 (115.615) X15 2016 12612016 350,0) 450% 92,073 M2073 180,178 (211348) 252,928 669,3) 170,000 165,000 1)000 1,285,000 2317328 2.452,124 (X1,898) 2016 X17 12617X17 638)0 4.55% 69,865 699,865 734.858 - 734,858 1700) 185000 1),0) 1,455,0) 21se'S8 2574,711 (361'72) M17 X16 12612018 SM].) 46096 M'm 5M,033 571,X1 - 571,231 - 1700) 198000 1680) 1,815000 2,188,231 2,574,730 (386.496) X19 2019 12612019 365.0) 465% 24018 309.046 408,488 - 408,4M - 170,0) 165,0) 1680) 1,T/S,C60 2,183,499 2,574,730 (391332) X18 MM 17612020 M." 4.7096 10,155 240,155 252.163 - 2521® - 110,0) 185000 1),000 1,935,)0 2,167,103 2,574,730 (W7.Wn NM 2021 12612021 1),000 4.75% 2,375 102375 107,194 - 107.491 - 170,)0 165,000 188)0 2,0&5,000 2,202,494 2,574730 (372,238) - - - - 178)0 185,)0 1),000 2255,0) 2358000 2,574,730 (319,730) 1880) 2245.000 2245,)0 2,574,730 (329.730) - - - - - - '1),0) 23400) 22480) 2,574,730 (334,730) 3,230,000 1,331,329 4,561,329 4,792,545 (2328648) 2565,897 2248(M 2,2480) 2240.0) 58967, ®l Cambuetlen FunJ pfw 9ehWUN BNYeabd Fu DeM WMudea EM. BaJM 2807.2064 a X06, n Xe4 n Jab[ W W 2016 W uph 2018 (not ehawn4 tiaMdulW d.M BarNe X188rrwf4h 2814 norm m ss4lmsbtl IavN debl aF ac01a1814WY (140.666 Par BaN P6neIpY Rab Irlbreet M6Waa > Per Nel4e. 852006 1,186.186 1,188,188 lw2)8 338139 4.50% 8,381 338,50D 11/12)6 330,385 4.50% 6,115 3385) 1212)8 331.612 4.50% 4.888 336,500 Tar4st Levy aasuew 4.00% 41meaM each Year al WY- WXQ41WIO arsBwnlml 1/12007 332722 4.5(M 3,658 338,378 2/12007 - 2,419 3/12)7 - 2,428 M12)7 651,164 2437 658,469 3,182229 29,301 3.190.533 I Preps) by El w a Assode 1� N� DeMAneea�s�Aaw7 72O'd]08 A • Pre City of Hutchinson, MN Special Assessments for Proposed G.O. Bonds Sales 2006A Asse mans Revenue Assessment Revenue Assesamerd Revenue Prepared try Ehlers 8 Associates, Irt N:WinnsotMHutchlnson12006 DebfAssessngntcashllov7 • 720/2008 2006 Projects Applapees College and Fart Development Assessment Amt 1,399,751 Assessment Amt' 32,000 Assessment Amt 233,000 Rate 5.70% Rate 5.70% AcQUed Interest 66,405 Start Year (Collection) 2007 Start Year (Collection) 2009 Assessment Amt 299,405 Tenn 10 Tenn 5 Rate 5.70% Calculaton Mettrod Equal Prin Calculaton Method Equal Prin Start Year ( Collection) 2004 Tenn 5 Calculation Method Equal Pdn 1 2 3 4 5 6 7 8 9 10 Total Total Total Total Assessment Principal Interest Aaseeemt Principal Interest Assessmt Principal Interest Aesessmt Revenue (139,975) (79,786) (219,761) (6,400) (1,824) (8,224) (227985) (139,975) (71,807) (211,782) (6,400) (1,459) (7,859) (219,842) (139,975) (83,629) (203,604) (8,400) (1,094) (7,494) (211,298) (139,975) (55,850) (195,825) (8,400) (730) (7,130) (202,955) (139,975) (47,671) (187,847) (8,400) (365) (6,765) (194,811) (139,975) (39,893) (179,868) _ - _ (59,861 ) (17,086) (78,947) (256,815) (139,975) (31,914) (171,889) - - ) (13,853) (73,534) (245,423) (139,975) (23,936) (163,911) - - - (59,681 ) ( ,240) (70,121) (234,031) (139,975) (15,957) (155,932) _ _ (59,881) (8,628) (6 (66,707) (222, (139,975) (7,979) (147,954 - - - (59,881) (3,413) (83,294) (211,248248) ) (1,399,751) (438,822) (1,838,573) (32,000) (5,472) (37,472) (299,405) (51,198) (350,803) (2,228,848) Prepared try Ehlers 8 Associates, Irt N:WinnsotMHutchlnson12006 DebfAssessngntcashllov7 • 720/2008 79MIMILI M11 2,500,000 2,000,000 1,500,000 1,000,000 500,000 Projected Futue Debt Levy with Series 2006A G.O. Improvement Bonds 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 * Existing Debt � Future Debt including Series 2006 — -Target Levy Prepared by Ehlers & Associates, Inc. 7/20/2006 • 9 0 BONDINDEX Bond Buyer Index (20 Bond, 20 Years) Revenue Bond Index (25 Bond, 30 Years) 5.40% November 2004 through July 2006 I _ i 5.20% 4!4 _' I _ •T - - I � I I I I I' i 5.00% RBI I i � i j 1 _ 4.80% i I { I 4.80 -- -- -- - - - -�.. - -� -.. i- II � I I 1 1 i ssl 1 r � I 4.40% I I As of July 17, 2006 I 4.20% Revenue Bond Index ............. 5.21% Bond Buyer Index ................ 4.62% I j { j , 3 , 1 3 1 3 5 2 4 2 4 1 3 1 3 1 z z 1 z 4 , F N A M J 9 O N D A M n V • CJ AAQ, City of Hutchinson, Minnesota Pre -Sale Report July 25, 2006 Proposed Issue: $3,580,000 General Obligation Sewer Revenue Bonds, Series 2006B Purpose: The bonds will finance the wastewater improvements to be installed in the Highway 7 Project, the South Mill Pond trunk sanitary lining, expansion of the administration and SCADA buildings, piping, and main lift station pumps. Term: The bonds will have a term of 15 years. Funding Sources: The bonds will be repaid with revenue from the wastewater utility (user charges and connection fees). The Bonds will be secured with a general obligation pledge from the City of Hutchinson. There will be a need to increase wastewater utility fees to fund these and future improvements (please see attached memo). Schedule: Ehlers Contacts: City Council Pre -Sale Review: Distribute Official Statement: Rating Agency Interview Bond Sale: Estimated Closing Date: July 25, 2006 Week of July 30 Week of July 30 August 8, 2006 Awarded at regular City Council meeting. September 5, 2006 Financial Advisors: Steve Apfelbacher(651) 697 -8510 Jessica Cook (651) 697 -8546 Bond Analysts: Diana Lockard (651) 697 -8534 Debbie Holmes (65 1) 697 -8536 Bond Sale Coordinator: Connie Kuck (651) 697 -8527 Attachments: Resolution authorizing Ehlers to proceed with bond sale Proposed Debt Service Schedule Memo on Sewer Rates The Official Statement for this financing will be mailed to the Council Members at their home address for review prior to the sale date FREERS d ASSOCIATES INC (1 (01) 0 Resolution No. Council Member introduced the following resolution and moved its adoption: Resolution Providing for the Sale of 53,580,000 General Obligation Sewer Revenue Bonds, Series 2006B A. WHEREAS, the City Council of the City of Hutchinson, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $3,580,000 General Obligation Water Revenue Bonds, Series 2006B (the "Bonds "), to finance certain public improvements; and; B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Hutchinson, Minnesota, as follows: 1. Authorization: Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting: Proposal Opening. The City Council shall meet at City Hall on August 8, 2006, for the • purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof. and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Dated this day of City Clerk • Prepared by Ehlers & Associates, Inc. q (c) � to-) C� • Hutchinson, MN $3,580,000 G.O. Sewer Revenue Bonds, Series 2006 Debt Service Schedule Part t of Fiscal Date Principal Coupon Interest Total P +I Total 09/0512006 - - - - - - 02/0l/2007 - - 64,658.74 64,658.74 64,658.74 08/012007 - - 79,71625 79,716.25 - 02 /012008 175,000.00 3.950% 79,716.25 254,71615 334,432.50 08/012008 - 76,260.00 76,260.00 _ - 02/012009 - _ 180,000.00 _ 4.000% 76,260.00 256,260.00 332,520.00 08/01/2009 - - 72,660.00 72,660.00 - 02/012010 190,000.00 4.050% 72,660.00 262,660.00 335,320.00 081012010 - - 68,812.50 68,812.50 - 02/012011 195,000.00 4.100% 263,812.50 _ 332,625.00 08/0101 2 l - — -- - _ __68,812.50 64,815.00 - -- 64,815.00 - 02/012012 205,000.00 4.250% 64,815.00 269,815.00 334,630.00 08 /012012 - - 60,458.75 60,458.75 - 02/012013 215,000.00 4.300% 60,458.75 275,458.75 335,917.50 O8 /01/2013 55,836.25 55,836.25 _ - 02 /012014 _ 225,000.00 4.400.6 55,836.25 280,836.25 336,672.50 08/012014 - - 50,88625 50,886.25 - 02 /01/2015 235,000.00 4.450% 50,886.25 285,886.25 336,77150 08/012015 - - 45,657.50 45,657.50 - 245,000.00 4.500% 45,657.50 290,657.50 - _ 336,315.00 -- _02/012016 _ O8 /012016 - _ _ - 40,145.00 -- 40,145.00 02/012017 255,000.00 4.550% 40,145.00 295,145.00 335,290.00 08/012017 - - 34,343.75 34,343.75 - 02/012018 265,00000 4.600% 34 ,343.75 299,343.75 333,687.50 08101/2018 28,248.75 28,248.75 02/0112019 280,000.00 4.650% 28,248.75 308,248.75 336,497.50 08!012019 - - 21,73835 21,738.75 - 02/012020 290,000.00 4.700% 21,738.75 311,738.75 333,477.50 08/01/2020 - - 14,923.75 14,923.75 - 305,000.00 4.750% 14,923.75 319,923.75 _ 334,847.50 _02/01/2021 08 /012021 — - - - -- - 7,680.00 7,680.00 - 02/012022 320,000.00 4.800% 7,680.00 327,680.00 335,360.00 Total $3,580,000.00 $1,509,023.74 $5,089,023.71 SmXS2.97 GOSw Rev I SINGLEPURPOSE 1 712W2W6I Z06PS1 Ehlers • Associates Leaders r q �6-) Hutchinson, MN $3,580,000 G.O. Sewer Revenue Bonds, Series 2006 Debt Service Schedule Pert 2of2 Yield Statistics Bond Year DoOers $32,976.89 Avers Life _ 9.211 Years _ Average Coupon — 4.5760040-/. Net Interest Coat (NIC) 4.7062770-/. True Interest Cost mC) _._. 4.7291097-/. Bond Yield for Purpoxs - - - 4.5610080-b - AlllnclusiveCost(AIC) 4.8482307•R IRS Form 8038 Net Interest Cost 4.5760040% Weighted Average Maturity 9.211 Years Sera842.975M00Sw Rev I SWGL RPOSE 1 ]rz9!lnp812MPM � Ehlers • Associates Leaders in Public Finance Page 3 O q La) 0 • r1 OTo: sm From: WSubject: 9M Date: 40 Ken Merrill, Finance Director Steve Apfelbacher and Jessica Cook Wastewater Rate Projections July 20, 2006 EHLERS & ASSOCIATES INC You have requested that Ehlers & Associates analyze the impact of planned improvements on the sewer rates for the City's wastewater utility. Ehlers' review is based on historical operations, debt service, and future improvements to the system including building expansion, new lift station pumps, improvements to be undertaken in conjunction with road reconstruction projects, and other improvements in the five -year Capital Improvement Plan. Assumptions ✓ Historically, the City has collected enough revenue to fully fund depreciation. It is assumed that funding annual depreciation is the long -term financial goal for the wastewater utility. ✓ Operating expenses will increase 5% per year. In addition operating expenses will increase $150,000 by 2009 to operate the expanded treatment plant. ✓ Connection fees increase 5% per year. ✓ The City anticipates expanding the sewer treatment plant in 2007. The expansion is expected to cost $11412 million and will be financed with a combination of grants and a low- interest loan from the Public Finance Authority of the State of Minnesota. Donahue & Associates, the engineering firm designing the expansion, will be undertaking a rate study to determine the impact of the expansion on future sewer rates. Our analysis assumes that the City will finance an $11 million treatment plant with sewer revenue bonds. 3060 Centre Pointe Drive (651) 697 -8546 Fax: (651) 697 -8555 Roseville, NIN 55113 -1105 jcook@ehlers-inc.com http://www.chlers-inc.com 0 is Conclusions Based on the cashflow projection attached as Exhibit A, we conclude that the following sewer revenue increases will be necessary to operate the system with a positive financial cashflow. Year 2007 1008 2009 and beyond Annual 30% 20% 4% per year Increase in Revenue If the City obtains grant funds or a low- interest loan from the Public Finance Authority, it will not need to raise as much revenue. In addition, it is our understanding that Donahue and Associates is conducting a rate study that includes allocating costs differently between industrial and residential users, thereby potentially reducing the impact to residents. Please note that we have evaluated the necessary increases in wastewater revenue. As mentioned above, actual rate increases will depend on how the revenue increases are allocated between the different types of water customers. 3060 Centre Pointe Drive (651) 697 -8546 Fez: (651) 697 -8555 Roseville, MN 55113 -1105 jcook@eWcrs-inc.com hnp:/A w chlers- inc.wm qta) 4. P�" by N:M 7� CITY OF HUTCHINSON FOR DISCUSSION ONLY ExhIbft A WASTEWATER SEWER UTILITY PROJECT10N E�� W� 5% 5% 5% R. W� 3% 3% m 3% 3% 3% 4 M 4.� 4,M 4.M 4,M 4,� 4,M 4.M A� AMAL �T My "T 0Yy My �T "T M EITT UT My 2M =10 MII M2 M13 =14 M5 ma ch�3 z4m.� zm,� Z"," 3.M,� 4.U4,= 4.�.M 4,M,lM 5,M,M 5-nZ� 5.n4,= 5,�,275 SUBTOT� Z4nM5 Z922,M 2.9mm 3,7MW 4,6U,M 4.TU,M 4.MIM 5,2n� 11UX3 1 6.143,274 2 WN��nNG ��S sp� M.� - - R� 4,M B.M - F. lm,"7 1�mi w'" n� �,Mi M.345 101.m 1N,� 107,� 11o.m 114.� 117,� lm,� �1. 6.107 8,Qm 2�� 2,M 2,1M 2,1M 2,251 2.3ig 2.W 2.� 2.� 2,e10 2,M S�OTAL 174�� 139,1a 92.� Km 97.im im.ul 1�"? 10cm l"'m 113,1" llkw 1"'m lAw MAL 2.M,� 3.%I,M 2.1*2,� 3��.M 4.M,� 4,M5,�l 4.M,M a�IM,SM 3AO2rn3 "17,= sAu."s G.M'"s "16,m W,im 5n.111 7M,717 741,� M.� 816'm S45.M Supp4mk Rc*m & M7,� Mm lm.� 215,M �,m 2W.151 M.� �5,M �.m 319-� 17.1W 17,M ia,m 19,� �.m 21.V4 V,916 24.M1 n� MIUB 27.� ��&o� n7,M I,M,� 4M.� 518,� W.� 571," M.419 wl.w W,M7 �'m yvl�m �op��"��c� lw.� lw,� 157 IM.375 173,� 1&�3M 191'"2 M1.014 21 1,� SUBTOrAL 1'"2'm 1,ufl�m IMW l,M2,M7 1.519,M 1.M.810 1,72ZUI l.B08,M lAftyil 1,M.In IAUAW Z114,574 2,M,M 3�746.11" -,ZN4.741 4AMA" C�H�OWFORDE�A"��AL �E� C--h� M,� W.� M.� M.125 �.Mi Km M,614 sy.ws 70.� M.073 C,� � 35.M 3,4%,M 4M,= M,= M." 375,� 375.� 375." T� E,�A� D.WM lo.sm,� Pr.p� M,�.74 ==.W �,=.M 33Z�M W�M =,917 M �,�W M,77ZW �,315.M ��.M Prop� �7 1. � Exp� 916,� 016,� 910,W 916,� alo.� ple'm 916.� wo.� 016,� iw,� W.512 �.im W.476 672,� OW574 sn,� 6n,� �4,ffll 074.Ml 874.Wl V4.Ml 574.Ml SUMT� iw,m M737 4.UBM 12�JM,M 2=4,M ZM,M 2_nl.M Z334.M 2,UI,M 2.34a�� 2,37J.M ZYMM zm,"? 3.U4,717 11.=.� (57.0DD) (M.750) (W,ODO) (w,m) M01M Moom (SO.DDO) (W.OM (M.") (60.00Q MGM (80.000) (60,000) 7.149 M.7M n.� MM Mlu M.�4 21,= M,018 18,518 17.01a 15.518 14,MR wm TU.575, '7azols --IXN,10 wily 9KM IA*"' 1.013�� IAJjMW4��Al�gft�ftg 4. P�" by N:M 7� 1,600,000 1,400,000 1,200,000 1,000,000 400,000 200,000 San Sewer Chart 1 Projected Wastewater Cashflow 2006 -2015 2006 2007 2008 2009 2010 2011 2012 r` Page 1 i c�, 2013 2014 2015 I �CASHFLOW (before depreciation) —4 Annual Depreciation • • n nr �� 1! i I City of Hutchinson, Minnesota Pre -Sale Report July 25, 2006 Proposed Issue: $2,210,000 General Obligation Water Revenue Bonds, Series 2006C Purpose: The bonds will finance the water improvements to be installed in the Highway 7 project and Denver Avenue, the Century Avenue elevated storage tank, and improvements related to the 2006 pavement rehab program. Term: The bonds will have a term of 15 years Funding Sources: The bonds will he repaid with revenue from the water utility (user charges and connection fees). The Bonds will be secured with a general obligation pledge from the City of Hutchinson. As part of planning for the new water treatment facility, the engineers have indicated there will be a need to increase water rates through 2008. Ehlers & Associates' projections forecast that the capital improvements to be financed with the 2006C bonds as well as future improvements will necessitate rate increases beyond 2008. Please see attached memo. Schedule: City Council Pre -Sale Review: Distribute Official Statement: Rating Agency Interview Bond Sale: Estimated Closing Date Ehlers Contacts: July 25, 2006 Week of July 30 Week of July 30 August 8, 2006 Awarded at regular City Council meeting. September 5, 2006 Financial Advisors: Steve Apfelbacher (651) 697 -8510 Jessica Cook (651) 697 -8546 Bond Analysts: Diana Lockard (651) 697 -8534 Debbie Holmes (651) 697 -8536 Bond Sale Coordinator: Connie Kuck (651) 697 -8527 Attachments: Resolution authorizing Ehlers to proceed with bond sale Proposed Debt Service Schedule Memo on Water Rates The Official Statement for this financing will be mailed to the Council Members at their home address for review prior to the sale date q tai 0 • • Council Member FREERS i ASSOCIATES INC Resolution No. introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $2,210,000 General Obligation Water Revenue Bonds, Series 2006C A. WHEREAS, the City Council of the City of Hutchinson, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $2,210,000 General Obligation Water Revenue Bonds, Series 2006C (the "Bonds "), to finance certain public improvements; and; B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Hutchinson, Minnesota, as follows: 1. Authorization: Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting: Proposal Opening. The City Council shall meet at City Hall on August 8, 2006, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Dated this day of Prepared by Ehlers & Associates, Inc. City Clerk q bl-) U • • Hutchinson, AW $2,210,000G.O. Water Revenue Bonds, Series2006 Dated 09/05/20061 Delivered 09 /05/2006 Sources Of Funds Par Amount of Bonds ..... ............................... EstImiated Interest Earnings - Constuction Uses Of Funds Tots] Underwriter's Discount Costs of Issuance ......................... Deposit to Project Construction Rounding Amount ...................... Total . "11.5L+a W�rR / RAeILIT/R/n6 / 7171 K / 114 fM Ehlers & Associates, Inc. Leaders in Public Finance Sources & Uses $2,210,000.00 30,000.00 $2,240,000.00 26,520.00 25,000.00 2,184,477.49 4,002.51 $2,240,0(10.00 Pape 1 CA C0-) Hutchinson, MN • $2,210,000G.O. Water Revenue Bonds, Serres2006 Debt Service Schedule Date Principal Coupon Interest Total P +1 Fiscal Total La-) 09/05/2006 - - - - - AverageLife ......... .............................................................. ............................. _ ............ _ ................... ...... ....... 02/01/2007 - - 39,914.78 39,914.78 39,914.78 ..... .............. ... ........ ..... ... ............ 4.7071200% 08/01/2007 - - 49,210.00 49,210.00 - 02/01/2008 110,000.00 3.950% 49,210.00 159,210.00 208,420.00 NetInterest Cm ....................................................................................................................................................... 08/01/2008 - - 47,037.50 47,037.50 - 02/01/2009 115pmoo 4.000% 47,037.50 162,037.50 209,075.00 08/01/2009 - - 44,737.50 44,737.50 - 02/01/2010 115,000.00 4.050% 44,737.50 159,737.50 204,475.00 08/01/2010 - - 42,408.75 42,408.75 - 02/01/2011 120 ,000.00 4.100% 42,408.75 162,408.75 204,817.50 08/01/2011 - - 39,948.75 39,948.75 - 02/01/2012 125,000.00 4.250% 39,948.75 164,948.75 204,897.50 08/01/2012 - - 37,292.50 37,292.50 - 02/01/2013 130,000.00 4.300% 37,292.50 167,292.50 204,585.00 08/01/2013 - - 34,497.50 34,497.50 - 02/01/2014 140,000.00 4.400% 34,497.50 174,497.50 208,995.00 08/01/2014 - - 31,417.50 31,417.50 - 02/07/2015 145,000.00 4.450% 31,417.50 176,417.50 207,835.00 08/01/2015 - - 28,191.25 28,19115 - 02/01/2016 150,000.00 4.500% 28,19125 178,191.25 206,382.50 08/0112016 - - 24,816.25 24,816.25 - • 02/01/2017 155,000.00 4.550% 24,816.25 179,816.25 204,632.50 08/01/2017 - - 21,290.00 21,290.00 - 02/01/2018 165,000.00 4.600% 21,290.00 186,290.00 207,580.00 08/01/2018 - - 17,495.00 17,495.00 - 02/01/2019 170,000.00 4.650% 17,495.00 187,495.00 204,990.00 08/01/2019 - - 13,542.50 137542.50 - 02/01/2020 180,000.00 4.700% 13,542.50 193,542.50 207 ,085.00 08/01/2020 - - 9,312.50 9,312.50 - 02/01/2021 190,000.00 4.750% 9,312.50 199,312.50 208,625.00 08/01/2021 - - 4,800.00 4,800.00 - 02/01/2022 200,000.00 4.800% 4,800.00 204,800.00 209,600.00 Total $2,210,000.00 - $931,909.78 $3,141,909.78 - La-) Yield Statistics BondYear Dollars ........................................................................................................................................................ ............................... $20,36128 AverageLife ......... .............................................................. ............................. _ ............ _ ................... ...... ....... ......... .... ..... .................. 9.213 Years AverageCoupon- ................................................................................................. ...................................... ............... . .... . . . ..... .. . . . .. 4.5768728% NetInterest Cost ( NIC) .............................................. ......................_................................._.......... ......... ... ..... .............. ... ........ ..... ... ............ 4.7071200% TrueInterest Cost MC) ................................................................................................................................................. ............................... 4.7299594% BondYield for Arbitrage Purposes ............. .... ............................................... ........ .... ...... ..... ....._....................................................................... 4.5618285% AllInclusive Cost ( AIC) ....................................... _ .......................... ................ ........................... ....... ..... ...._.. ............................... 4.8911386% IRS Form 8098 NetInterest Cm ....................................................................................................................................................... ............................... 4.5768728% WeightedAvenge Maturity ................................................................................................................................................ ............................... 9.213 Years &r b'II.499M, W�rP / .AAF:fLRIRAISC / 71712" / 4.14M • Ehlers & Associates, Inc. Leaders in Public Finance Pepe 2 La-) 0 ' EHLERS & ASSOCIATES INC OTo: Ken Merrill, Finance Director From: Steve Apfelbacher and Jessica Cook Subject: Water Rate Projections Date: July 20, 2006 You have requested that Ehlers & Associates analyze the impact of planned improvements on the water rates for the City's water utility. The City's contract engineers have previously projected rate increases necessary to finance the construction and operations of the new water treatment plant and operations. Ehlers' review also includes improvements to the system undertaken in conjunction with road reconstruction projects, such as Highway 7 and Denver Avenue, and other improvements in the five - year Capital Improvement Plan. Assumptions ✓ Historically, the City has collected enough water revenue to fully fund depreciation. It is assumed that funding annual depreciation is the long -term financial goal for the water utility. ✓ The user fees will increase from 2005 -2008 as projected by the engineers. The total increase over those four years was projected to be 50% for residential customers, 52% for commercial customer, and 55.6% for industrial customers. The commercial and industrial customers will continue to pay less per 1,000 gallons than residential customers. ✓ Operating expenses will increase 5% per year. In addition operating expenses will increase $160,000 by 2008 to operate the new treatment plant, consistent with the engineers' estimates. ✓ Connection fees increase 5% per year. 3060 Centre Pointe Drive (651) 697 -8546 I'm (651) 699 -8555 Roseville, MN 55113 -1105 icook@ehlerainc.com httpJ /www.ehlers inc.com 9 tc,) E 0 Conclusions Based on the cashflow projection attached as Exhibit A, we conclude that the proposed water revenue increases in 2005 -2008 will not be sufficient to operate the system with a positive financial cashflow. The proposed revenue increases from the engineering report are 15% in 2006, 17% in 2007 and 17% in 2008. To achieve the City's primary requirement of operating the utility "in the black" and secondary goal of funding annual depreciation, the City has two options: Option 1: Continue to increase user charges by 25% in 2009, 20% in 2010 and 5% per year thereafter. Over time, the utility will restore its financial health. The water fund will experience two years of deficits in 2007 and 2008, totaling approximately $1.1 million. Option 2: Increase user charges above original estimates beginning in 2007. To keep the water utility in a positive cashflow position, the City would need to increase rates 50% in 2007, 20% in 2008, and 6% per year thereafter. Please note that we have evaluated the necessary increases in water revenue. Actual rate increases would depend on how the revenue increases are allocated between the different types of water customers. 3060 Centre Pointe Drive (651) 697 -8546 F":(651)697 -8555 Roseville, MN 55113 -1105 jcookQa ehlers inc.wm hupl /www.chicrs inc.com 9 tc-) 1aTEe: 1. wpEal pnPro..te„e. tR14a1615 cIP, Pltu f350,O0o m x04 .le Meo,o9oy94r In 29442942 kwesEtS 61u..11r. 2 5la w,6111e Nat M�9rrBht9 awb Nn 91uMM 6194,000 F13M1 rM 4790.004 M 200, fw nwl bS50nN pWt (E4415 va 1eMrlaKa 5atlmaW ) 2 Ervg11111r11lneem6s M% WIr, Ym1 NWr94165 r6051M m1M outSWaat6SE t9ih Rquec SMe9. 4. e9t961..195.1N1w a.eanr6w e.p..mw9r1 rr111,5676Q0000a91mtlr19ti2000. �r \ I Prpv b6'EN. Ae6otl5ba N:%19nWRV91d0um120p8 DeblMrer wtl w..rpro}scept V ]It1RM6 CITY OF HUTCHINSON FOR DISCUSSION ONLY Exhlbk A WATER UTILITY PROJECTION E� lMlrbO 6% 5% 5% 5% 5% 5% 5% 5% 006 OR 0.05 09wR.IMlatim 5% e% 5% 5% 5% 5% SX 5% 5X 5% 5% Ire55v an tiv.ss for 4BINC11 16% 171 1711 25% 20% 510 5% 5% 4% 4% AUD ACTUAL WOOET EST EST EST EST EST ELT EST - MT EST 2004 2636 9406 1607 SOW MOS SMO 1011 XH2 2M3 =14 me OPERATING REVENUES Gv.aSbeaMV4 1,2]0,410 1,374,738 1,5)8,600 1,652,200 2,104,300 2704,125 334,950 3,47,19, 3,871,'..6) 3,758,135 3,506,683 1,06.994 PuwSfieNS,rtftrpe 214 31 21766 22000 26.,10 30.115 37651 16217 47.1]8 40652 62.315 64.138 58.818 SUBTOTAL 1,2M,e4 1,394,0.11 1,5M,5M I.M'Mo 2,193,46. 2,741,,06 3,2M.167 3,164,671 3,8371100 3,930710 3,9411131 41111,675 N044 P 71N0 REVENUES 6p5 A66W,1MIIla 1,104 1,OM Rrk1 19,SM 1.08 20,000 21,000 21,050 23,153 24,310 94,526 2004 28,112 29545 31,027 (Mln9ctlM F. 125,603 96,015 W." 04,500 04,225 14,166 109,395 114,863 120,605 128,839 132,9]1 Men ouw �o,tro li' M Bas - - - - - - - - - M5W9aM4 - 15.000 15,750 19,53S 17.351 18333 19,14 20,194 21,107 22,182 23--70 SUBTOTAL 147,862 132771 194,094 131,250 137,613 144,703 1e1,935 169,6.16 147,512 176.6® 1941582 193,816 TOTAL REVENUES 1,4,,794 1,630,306 072.!00 zmW= Z331.2E7 2,935,609 3.42,103 3.614,211 3,]M.S31 3.941,987 1,14,513 4,31%4Y2 CPERATNO EXPENSES, 5ae1R591p 0Me69111100 PenmEl Smvlm 281,150 MS.M4 - 34,731 394,88 362371 4 1.3 421,153 42,626 494,663 47,685 512300 537,eiX 8474711,,, PCpinA1.�1®a 80,811 M,i70 109,860 115,14 120,900 128,1115 133392 139,967 14,55 154130.1 1,201! 170,119 68%cllmteau Fq,eele k 0cp®tim 40 19,2!0 20213 21323 22$1 23,395 24,568 25'"1 27,007 1041 29,583 Q Sme&cht w 3@,331 251,878 219,776 230,]61 242, 302 251,117 257,138 ZM,4% 294,520 309.24 324,705 3M,M3 In Upe.., E:pemo 0 ®NCV T.tPl>ti 100,000 1W,M0 104,940 178.4(0 185]20 194,41 N113W 214,415 M,138 S7BTOTAL 924,338 50.1.IM 593,46 530,1E Sam 071,021 1,041,932 1,942747 1,13.404 1,102 Ym 1,241,941 1,303,905 tOKM "- .'�A/.i16,S13 t-'�- .iA9�.M1 s1.i.MA436.Y; "�K�19 T1^ f, 1�if„°. ASK(31e;"�12L61.►{'a?h$893.9bi '- :' bD4,94 CASH OUTFLOW FOR CAPITAL AND DEBT ar °CAW 38.000 3.800 41,896 13,040 4,169 4,49 W.M4 63.470 W,lq 58,850 OF" 1nprmlmwnM1 421,6]5 4,901 2,181,894 250,940 250.= 1,1M,M0 35.000 330,000 360.000 315.000 375,940 316,940 Water Trt -Ta 613 nllq 2269320 10,500,000 6313,700 OM Senile PrO0A602M61. 3.916 tae. 420 2M,Q)s 294,1]6 2 Ala 2x,696 X4,686 208,995 M.ew x6,381 NMFFALOM M.7M 271,150 378,006 3e.M9 301. 319 38.315 394,349 304,34 38.34 300,34 38.315 2006 PFA LOCI 70.886 1,051,08 1,061,808 1,461,904 1,051,908 1,0.51,918 1,051,808 1,0.51,50, t,06t 909 P,Opo16620pB HSr (15 praa5.5%) 54,7M 1M,e6S 104,588 194,688 1M,563 10.650 1W,See Etl v OeOI 11920 55,150 M,Mt 94.130 05,74 31,526 31,087 3.178 3.302 2.303 2.301 2.30.5 SUSICTAL 43.6)8 2401.371 13.093,,94 6,(17,321 zov,547 2815,43 2,18%948 Z164,419 2,193,46 2217.813 2,2191127 Zu.493 EONS IROCEE08 2,280220 12,684,894 5313,776 11100,00 TRANSPP.RS (57,000) (Mj5M (50.000) (10,(100) (01,040) (60,000) 1M,(IM) (60,000) (83.000) (5.99 (5.994) (69,997) INVRbTMGT 1NC E(0. M.3) 4,030 11],]30 29,750 283S4 MOM 20182 23,521 21,003 X1,303 MOM 17,394 15,503 Z'�H�`UWI9�ia.6�Fa9e1+151a1- -. .. `. aM.r3 :;.�n,9;eM ?` C:°', dfKd941.' rIMKI+d�'° ' fe Sdk� *,- :;7b"i;91Y -,. ?inagt::,:,+�. i'7fs s:..- .W,fm'.'s'M2m -- 1%4,860: 1aTEe: 1. wpEal pnPro..te„e. tR14a1615 cIP, Pltu f350,O0o m x04 .le Meo,o9oy94r In 29442942 kwesEtS 61u..11r. 2 5la w,6111e Nat M�9rrBht9 awb Nn 91uMM 6194,000 F13M1 rM 4790.004 M 200, fw nwl bS50nN pWt (E4415 va 1eMrlaKa 5atlmaW ) 2 Ervg11111r11lneem6s M% WIr, Ym1 NWr94165 r6051M m1M outSWaat6SE t9ih Rquec SMe9. 4. e9t961..195.1N1w a.eanr6w e.p..mw9r1 rr111,5676Q0000a91mtlr19ti2000. �r \ I Prpv b6'EN. Ae6otl5ba N:%19nWRV91d0um120p8 DeblMrer wtl w..rpro}scept V ]It1RM6 1,000,000 800,000 600,000 400,000 200,000 (200,000) (400,000) (600,000) (800,000) Water Chart 1 Projected Water Utility Cashflow 2006 -2015 Option 1 Page 1 (1 /I � Annual cashflow (before depreciation) —*-- Depreciation 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 r� Water option 2 Chart 1 Projected Water Utility Cashflow 2006 -2015 Option 2 2006 2007 2008 2009 2010 2011 2012 2013 2014. 201 Page 1 Annual cashflow (before depreciation) -4—Depreciation 1 TO: Mayor & City Council Members FROM: Marc A. Sebora, City Attorney DATE: July 17, 2006 SUBJECT: Administrative Penalties Office of the City Attorney Ill Hewn Street SE Hutchinson., MN 55350.2522 320- 587.5151/Fm 320.2344240 At the last City Council meeting, Council Member Stotts expressed a desire to discuss the implementation of a program of administrative penalties for certain petty misdemeanor and City code violations. As we had discussed earlier this year, a number of communities in the State of Minnesota are implementing such programs presumably in an effort to increase City revenue and to more effectively use City resources when dealing with violations. At the present time the minimum fine for a violation such as a speeding ticket in McLeod County District Court is $122.00, of which the City of Hutchinson receives $17.00. • Under the proposed ordinance, a police officer or another designated person by the City Council can have the option to either issue a regular citation for a person to appear in District Court or the administrative penalty citation as he or she sees fit under the circumstances. If an administrative citation is issued, the person would have seven days in which to pay the amount of the administrative penalty. If the person failed to pay the administrative penalty within seven days, the administrative penalty would be converted into a District Court citation for the Court system. Another item to take into account is the time expense of City personnel to administer this penalty program. The ordinance and the list of offenses subject to administrative penalties are very much subject to discussion and revision at the City Council meeting and I submit it for your review as a place to start the discussion. Should you have questions concerning this, I would be happy to address them at the City Council meeting. Thank you. • printed on recyckd paper - 0 MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES • • TO: Mayor & Council FROM: Dan Flatten, Director of Police / Emergency Management Service DATE: July 17, 2006 RE: Administrative Citations There are two ways in which to estimate the possible income from administrative citations. Willmar stated that 28% of all their citations result in an administrative charge. The following table shows calculations for the two options based upon Willmar's data. 10(a) Total Citations Issued In 2005r 200.5- Statistical Date Proposed Offenses j28% ons 1023 788 Administrative 300 220 vera a Cosf' ; "" $15,000 $11,000 $17 CurrentR+evenue: $5,000 $3,750 Increased Revenue; " $110,0001 $7,250 10(a) f ORDINANCE NO. 06-0440 AN ORDINANCE ESTABLISHING A PROCEDURE FOR ENFORCING ADMINISTRATIVE PENALTIES FOR CERTAIN PETTY MISDEMEANORS AND MUNICIPAL CODE VIOLATIONS The City Council of the City of Hutchinson does ordain as follows: Section 1. Purpose: It is the intent of the City to establish in this ordinance a procedure to provide an informal, cost - effective and expeditious alternative to traditional criminal citations for violations of certain petty misdemeanors and municipal code violations. The procedures herein established are intended to be voluntary on the part of the offending party. Any offender may, prior to payment of the administrative penalty herein established, withdraw from participation in the procedures established in this ordinance and the City may thereafter file criminal charges in accordance with state law and established court procedures. It shall be in the discretion of the City to file a criminal citation in the McLeod County District Court in lieu of following the administrative procedure established in this ordinance. If an offending party elects to participate in the administrative procedures established in this ordinance but fails to pay the applicable monetary penalty, the City shall have the right to file a criminal citation in the McLeod County District Court and to pursue collection of all costs associated with the administrative procedure herein established. Section 2. Definition of Administrative Offense. An administrative offense is a violation of any of the offenses hereinafter set out and is subject to the administrative penalties set forth in the schedule included in this ordinance. Section 3. Notice to Offending Party. Any member of the Police Department or any other person designated by the City Council to enforce this ordinance shall, upon determining there has been a violation of an offense set out in this ordinance, provide a written notice to the offending party. The written notice shall set forth the specific offense that has been committed, the date and time of the violation, and the name of the officer or other employee of the City issuing the written notice. The notice shall further state the amount of the penalty, the date by which the penalty must be paid, and the place where payment must be made. In the event the violation is in the nature of a parking violation and the owner or operator of the offending vehicle is not present, the officer or other designated employee of the City shall attach the written notice of violation to the windshield wiper or door handle of the vehicle. Section 4. Payment of Penalty. All persons receiving a written notice of violation in accordance with this ordinance shall make payment of the penalty set out in this ordinance within seven days of the date of issuance of the notice of violation. Payment shall be made by mail or in person to the City Administrator. Section 5. Failure of Offending Party to Pay. In the event an offending party shall fail to pay the penalty for the designated offense as set out in this ordinance, the issuing officer may then file a citation or formal complaint with the McLeod County District Court. Section 6. Duties of City Administrator. It shall be the responsibility of the City Administrator, or other designee assigned by the City Administrator, to keep a full, accurate and complete record of all penalties collected pursuant to this ordinance and the person who has paid the penalty. The City Administrator, or designee, shall make regular reports to the City Council, Police Chief and the City Attorney of the number of offenses for which payment has been received and the number of offenses for which no payment has been received. (a)- Section 7. Offenses and Penalties. The offenses that are included in this ordinance and the penalties for violation thereof are set out on Exhibit "A" attached hereto and incorporated herein by reference. The amount of the penalty may hereafter be changed by the City Council by adoption of a resolution establishing the new penalty. Section 8. Penalty Proceeds. Proceeds from penalties imposed under this ordinance shall be deposited into an account or fund as the City Council deems appropriate, but in no case shall the proceeds therefrom be deposited directly into the departmental accounts of the City Attorney or Police Services. Section 9. Repealer. This ordinance repeals any provisions of the municipal code that conflict with this ordinance. Section 10. Effective Date. This ordinance shall be effective from and after its adoption and second publication. Adopted by the City Council this 8t° day of August, 2006. ATTEST: • Mayor Steven W. Cook Gary D. Plotz, City Administrator 0 v °(a) • • • Exhibit «A„ OFFENSE DESCRIPTION ORDINANCE/ STATUTE PENALTY Muffler Violation 169.69/73.03 $ 70 Exhibition Driving 71.05 70 Failure to Yield 169.20 70 Parking Over Time Limit 72.04 5 Parking Violations 72.01 — 72.14 10 Bicycle, Skateboards, Roller Blades Violations 73.31 10 Snowmobile Operations Violations 73.02 50 Snowmobile Equipment Violations 73.03 50 ATV Violations 84.92 50 Motorized Golf Carts 73.16 50 Motorized Scooters 73.17 50 Abandoned Vehicle 91.02 70 Public Nuisance 92.18 70 Dog/Cat Running at Large 93.17 70 Barking Dog/Unlicensed Dog 93.23 50 Expired Vehicle Registration 168 -09 70 Noisy Party 130.23 70 Amplified Noise 130.20 70 Speeding (1 -15 over) 169.14 70 Obscured Vision 169.37 50 Engine Braking Noise 71.11 50 Fireworks Violations 130.08 50 Disobey Signs/Signals 169.06 50 Driving Rules Violation 169.18 50 Turning and Starting Violation 169.19 50 Equipment Violation 169.46 -.65 35 Seat Belt 70 Recreational Files 70 Watering Ban Violation 70 Window Tint 70 10 (a-) • • 0 Exhibit «A„ OFFENSE DESCRIPTION ORDINANCE/ STATUTE PENALTY Muffler Violation Minn. Stat. 169.69 /Ordinance 73.03 70 Exhibition Driving Ordinance 71.05 70 Failure to Yield Minn. Stat. 169.20 70 Parking Over Time Limit Ordinance 72.04 5 Parking Violations Ordinance 72.01 — 72.14 10 Bicycle, Skateboards, Roller Blades Violations Ordinance 73.31 10 Snowmobile Operations Violations Ordinance 73.02 50 Snowmobile Equipment Violations Ordinance 73.03 50 ATV Violations Ordinance 84.92 50 Motorized Golf Carts Ordinance 73.16 50 Motorized Scooters Ordinance 73.17 50 Abandoned Vehicle Ordinance 91.02 70 Public Nuisance Ordinance 92.18 70 Dog/Cat Running at Large Ordinance 93.17 70 Barking Dog/Unlicensed Dog Ordinance 93.23 50 Expired Vehicle Registration Minn. Stat. 168 -09 70 Noisy Party Ordinance 130.23 70 Amplified Noise Ordinance 130.20 70 Speeding (1 -15 over) Minn. Stat. 169.14 70 Obscured Vision Minn. Stat. 169.37 50 Engine Braking Noise Ordinance 71.11 50 Fireworks Violations Ordinance 130.08 50 Seat Belt Minn. Stat. 169.14 70 Recreational Fires Ordinance 92.69 70 Watering Ban Violation Ordinance 52.06 70 Window Tint Minn. Stat. 169.71 70 ICQ_Oisla 10(60 C� n LJ Disobey Signs /Signals Minn. Stat. 169.06 50 Driving Rules Violation Minn. Stat. 169.18 50 Turning and Starting Violation Minn. Stat. 169.19 50 Equipment Violation Minn. Stat. 169.46-.65 35 �a MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor & Council FROM: Dan Hatten, Director of Police / Emergency Management Service DATE: July 13, 2006 RE: Pawnbrokers Ordinance — Chapter 120 Attached is an amended version to the existing Pawnbrokers ordinance. The areas where proposed changes are being sought are highlighted. These changes are in response to our agencies desire to become part of the automated pawn system. This system allows access to a statewide system to assist law enforcement in tracking items that have been pawned and may be items that have been stolen within our jurisdiction. /lkg as Trt PF r a i F yrt • o�) 2006 -0003 -01 .,• i .. a .sh � �rrc • o�) • Ooen in New Wildow Hutchinson, MN Cade of Ordinances ITLE XI: BUSINESS: REGULATIONS.' CHAPtER 120: PAWNBROKERS CHAPTER 120: PAWNBROKERS Section General Provisions 1 10%) 120.01 Purpose 120.02 Definitions Licensing 120.15 License required; exemption 120.16 Ineligible persons 120.17 Ineligible places 120.18 License application • Fees 120.19 120.20 Bond required 120.21 License issuance 120.22 License suspension or revocation Rules and Regulations 120.35 Licensee responsibility; conduct 120.36 License display required 120.37 Records Required 120.38 Inspection of records 120.39 Property received; receipts 120.40 Daily Reports to Police Department 120.41 Police restrictions on sale or redemption/Or c to Hold ProPefty 120.42 Sale or redemption of reported items; waiting period • 120.43 Inspection of items 1 10%) 120.44 • 120.45 120.46 120.47 120.48 120.49 120.50 120.51 120.52 120.53 Gambling prohibited Storage; oversized items Off -site sales and storage Restrictions on weapons Redemption Period Holding Period Label Required Prohibited Acts Business at only one place Effective Date GENERAL PROVISIONS § 120.01 PURPOSE. • (A) The City Council finds that pawnbrokers potentially provide an opportunity for the commission and concealment of crimes. These businesses have the ability to receive and transfer stolen property easily and quickly. The City Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers. (B) The purpose of this chapter is to prevent pawn broking businesses from being used as facilities for commission of crimes and to ensure that these businesses comply with basic consumer protection standards, thereby protecting the public health, safety and general welfare of the citizens of the city. (C) To help the police department better regulate current and future pawn businesses, decrease and stabilize costs associated with the regulation of the pawn industry, and increase identification of criminal activities in the pawn industry through the timely collection and sharing of pawn transaction information, this chapter also implements and establishes the required use of the Automated Pawn System (APS). § 120.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context • clearly indicates or requires a different meaning. 2 MINOR. Any natural person under the age of 18 years. • OVERSIZED ITEMS. Large items such as cars, boats and other motorized vehicles and motorized equipment. PAWNBROKER. Any natural person, partnership or corporation, either as principal, or agent, or employee thereof, who loans money on deposit or pledge of personal property or other valuable thing; who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price; or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a PAWNBROKER business includes buying personal property previously used, rented or leased, the provisions of this chapter shall be applicable. Any bank, savings and loan association or credit union shall not be deemed a PAWNBROKER for purposes of this chapter. PERSON. One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization. SECONDHAND ITEM. Tangible personal property, excluding motor vehicles, which has been previously used, rented, owned or leased. REPORTABLE TRANSACTION. (a) Every transaction conducted by a pawnbroker in which merchandise is received through a pawn, purchase, consignment or trade, or in • which a pawn is renewed, extended or redeemed, or for which a unique transaction number or identifier is generated by their point -of -sale software, or an item is confiscated by law enforcement is reportable except: (1) The bulk purchase or consignment of new or used merchandise from a merchant, manufacturer of wholesaler having an established permanent place of business, and the retail sale of said merchandise, provided the pawnbroker must maintain a record of such purchase or consignment which describes each item, and must mark each item in a manner which relates it to that transaction record. (2) Retail and wholesale sales of merchandise originally received by pawn or purchase, and for which applicable hold and/or redemption periods have expired. BILLABLE TRANSACTION. Every reportable transaction conducted by a pawnbroker is a billable transaction except renewals, redemptions or extensions of existing pawns on items previously reported and continuously in the licensee's possession, voided transactions, and confiscations. LICENSE FEES. (a) The annual license fees for licenses under this chapter shall be: (b) The billable transaction license fee shall reflect the cost of processing • transactions and other related regulatory expenses as determined by the city .c7 c)(1) council, and shall be reviewed and adjusted, if necessary, annually. Licensees shall be notified in writing thirty (3 0) days before any adjustment is implemented. (c) Billable transaction fees shall be billed monthly and are due and payable within thirty (30) days. Failure to do so is a violation of this chapter. LICENSING § 120.15 LICENSE REQUIRED; EXEMPTION. (A) License required. No person shall engage in the trade or business of pawnbroker within the city unless that person is currently licensed under this chapter. (B) Exceptions to license requirement. A person who holds a motor vehicle dealer license is exempt from the terms of this chapter with respect to motor vehicles. ('89 Code, § 6.41) (Ord. 95 -162, passed 2- 27 -96) Penalty, see § 10.99 • § 120.16 INELIGIBLE PERSONS. The following are not eligible for licensure under this chapter: (A) Anyone not a citizen of the United States or a resident alien; (B) A minor at the time the application is filed; (C) Anyone who has been convicted of any crime directly related to the licensed occupation and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of pawnbroker or precious metal dealer under M.S. § 364.03(3), as it may be amended from time to time, or a person not of good moral character and repute; (D) Anyone who holds a liquor license; (E) Anyone who, in the sole judgment of the City Council, is not the real party in interest or beneficial owner of the business operated under the license; (F) Anyone who has had a pawnbroker license revoked anywhere within five years of the license application; or (G) In the case of an individual, anyone who is not a resident of the county; in the case of a partnership, the managing partner is not a resident of the county; or in the case of a corporation, the manager is not a resident of the county. • 4 1 C�-k) (1) The required residency must be established by the time the license is issued and maintained throughout the existence of the license and all renewals. (2) The time for establishing residency may, for good cause, be extended by the Council. ('89 Code, § 6.41) (Ord. 95 -162, passed 2- 27 -96) § 120.17 INELIGIBLE PLACES. The following places are not eligible for licensure under this chapter. (A) No license shall be issued for anyplace or any business ineligible for a license under city ordinance or state law. (B) No license shall be issued for a place or business, which holds a liquor license. (C) No license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the city or other government agency are delinquent and unpaid. ('89 Code, § 6.41) (Ord. 95 -162, passed 2- 27 -96) 5 1 D (b) § 120.18 LICENSE APPLICATION. (A) In addition to any other information required by any other government agency, every application for a license under this chapter shall be made on a form supplied by the city, shall be verified and shall contain not only the following information, but other information as the city may reasonably require: (1) Representations as to the applicant's character; (2) The business in connection with which the proposed license will operate; (3) Whether the applicant is the owner and operator of the business and if not, who is; (4) Whether the applicant has ever used or been known by a name other than his or her true name, and if so, what was the name, or names, and information concerning dates and places where used; (5) Whether the applicant is married or single. If married, the true name, place and date of birth and street address of the applicant's spouse; (6) Street address at which the applicant and spouse have lived during the preceding ten years; • (7) Kind, name and location of every business or occupation the applicant has been engaged in during the preceding ten years; 5 1 D (b) (8) Names and addresses of the applicant's and spouse's employers and partners, if any, for the preceding ten years; (9) Whether the applicant or spouse has ever been convicted of a violation of any state law or local ordinance, other than a non - alcohol related traffic offense. If so, the applicant shall famish information as to the time, place and offense for which convictions were had; (10) Whether the applicant or spouse has ever been engaged as an employee or in operating a pawnshop or other business of a similar nature. If so, the applicant shall furnish informafion as to the time, place and length of time; (11) Whether the applicant has ever been in military service. If so, the applicant shall, upon request, document all discharges; (12) If the applicant is a partnership, the name and address of all partners and all information concerning each partner as is required of a single applicant as above. A managing partner, or partners, shall be designated. The interest of each partner or partners in the business shall be submitted with the application and, if the partnership is required to file a certificate as to trade name under the provisions of M.S. Chapter 333, as it may be amended from time to time, a copy of the certificate certified by the district court administrator shall be attached to the application; (13) If the applicant is a corporation or other organization, the applicant shall • submit the following: (a) Name, and if incorporated, the state of incorporation; (b) A true copy of the certificate of incorporation, articles of incorporation or association agreements; (c) The name of the manager or proprietor or other agent in charge of, or to be in charge of, the premises to be licensed, giving all information about that person as is required in the case of a single applicant; (d) A list of all persons who, singly or together with their spouses, own or control an interest in the corporation or association in excess of 5% or who are officers of the corporation or association, together with their addresses and all information as is required for a single applicant. (14) A list of responsible persons, including the names of owners, managers and assistant managers, who may be notified or contacted by state or city employees in case of emergency; (15) Whether the applicant holds a current pawnbroker license from any other governmental unit and whether the applicant is licensed under M.S. §§ 471.924 or 32517.731 - 325.744, as it maybe amended from time to time; (16) Whether the applicant has ever been denied a pawnbroker license from any • other governmental unit; 6 X066) 11 (17) The location of the business premises; (18) The legal description of the premises to be licensed, including a map of the area for which the license is sought, showing dimensions, location of building, street access and parking facilities; (19) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid; and (20) Other information that the city deems appropriate. (B) Any pawnshop conducting business within the city limits on January 2, 1996 shall not be required to submit the application otherwise mandated by this section. In all other respects, any such pawnshop shall comply with this chapter. (C) No person shall make a false statement or material omission in a license application or investigation. Any false statement or material omission shall be grounds for denial, suspension or revocation of a license. (D) Each licensee shall have the continuing duty to properly notify the City Administrator of any change in the information or facts required to be furnished on the application for a license. This duty shall continue throughout the period of the license. Failure to comply with this section shall constitute cause for revocation or suspension of the license. (E) The application for the renewal of any existing license shall be made at least 90 days prior to the date of the expiration of the license and shall be made on the form, which the Council provides. ('89 Code, § 6.41) (Ord. 95 -162, passed 2- 27 -96) Penalty. see § 10.99 § 120.19 FEES. (A) Every applicant for a license shall pay to the city the investigation fee specified by the city. This fee shall be for the purpose of conducting a preliminary background and financial investigation of the applicant. If the Council believes that the public interest so wan-ants, it may require a similar investigation at the time of renewal of any license. If an investigation is ordered by the City Council at the time of license renewal, the applicant shall pay the fee specified above, except that the fee shall be the smaller of the stated dollar amount or the actual cost of the investigation. There shall be no refund of the investigation fee for any person after the investigation has begun. (B) The annual fees for a pawnshop license shall be established by the City Council by ordinance. 7 • (C) Each license shall expire on December 31 of the year in which it is issued. Fees for licenses issued during the license year shall be pro -rated according to the number of months remaining in the year. For this purpose an unexpired fraction of a month shall be counted as a whole month, which shall have elapsed. (D) No refund of any fee shall be made except as authorized by the City Council. ('89 Code, § 6.41) (Ord. 95 -162, passed 2- 27 -96) § 120.20 BOND REQUIRED. At the time of filing an application for a license, the applicant shall file a bond in the amount of $5,000 with the City Administrator. The City Attorney thereon, must approve the bond, with a duly licensed surety company as surety as to form. The bond must be conditioned that the licensee shall observe the ordinances of the city, in relation to the business of pawnbroker, and that licensee will aeeetirit for and deliver to an Person legally .1 h ♦ any aFtiele.....,.iehf.. .. 1.....e eeffie irito the ,.,session of th licensee as pawitbrokef or in lieu thereof the lieensee shall .. pay 0.0 person of per-Sens the reasonable value theree all laws in relation to pawnbrokers, and will conduct business in conformity thereto, and that the principal will account for and deliver to any person legally entitled any goods which have come into the principal's hand through the principal's business as a pawnbroker, or in lieu thereof, will pay the reasonable value in • the money to the person. The bond shall contain a provision that no bond may be cancelled except upon thirty (30) days written notice to the city, which shall be served upon the licensing authority. § 120.21 LICENSE ISSUANCE. (A) No license shall be issued until the Police Department has conducted an investigation of the representations set forth in the application, the applicant's moral character and the applicant's financial status. All applicants must cooperate with this investigation. (B) No license shall be issued until the Council has held a public hearing in the manner as the Council may direct. At the public hearing all persons interested in the matter shall be heard, and the hearing may be adjourned from time to time. No hearing shall be required for a renewal of a license, but the Council may, in its sole discretion, hold a hearing. (C) After investigation and hearing, the Council shall, in its discretion, grant or deny the application. 8 (D) Each license shall be issued only to the applicant and for the premises described • in the application. No license may be transferred to another person or place without application to the Council in the same manner as an application for a new license. Transfer of 25% or more of the stock of a corporation or of a controlling interest thereof, whichever is less, shall be deemed a transfer of the license of a corporate licensee. If the licensee is a corporation, which is wholly owned by another corporation, the same provisions about the transfer of a stock or a controlling interest shall apply to that parent corporation, any second parent corporation, which wholly owns the parent corporation, and all other similarly situated parent corporations up through the chain of ownership. Transfer of this amount of stock without prior Council approval is a ground for - revocation or suspension of the license. In addition, each day the licensee operates under the license after a transfer has taken place without obtaining Council approval shall be a separate violation of this chapter. (E) Any application for a license may be considered by the City Council at the same time an applicant is requesting any land use approvals needed for the site, including site plan review, rezoning or an amendment to the Comprehensive Guide Plan. Final approval of a license shall not be granted until the City Council has given at least preliminary approval to any necessary land use request. If an application is granted for a location where a building is under construction or not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises. (F) In the case of the death of a licensee, the personal representative of a licensee • may continue operation of the business for not more than 180 days after the licensee's death. ('89 Code, § 6.41) (Ord. 95 -162, passed 2- 27 -96) Penalty, see § 10.99 § 120.22 LICENSE SUSPENSION OR REVOCATION. Any license under this chapter may denied, suspended or revoked for one or more of the following reasons: (A) Delinquent taxes. The City Council may suspend or revoke a license issued under this chapter for operation on any premises on which real estate taxes, assessments or other financial claims of the city or of the state are due, delinquent or unpaid. If an action has been commenced pursuant to the provisions of M.S. Chapter 278, as it may be amended from time to time, questioning the amount of validity of taxes, the Council may on application by the licensee waive strict compliance with the provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless the one -year period is extended through no fault of the licensee. (B) Violations. The Council may either suspend for up to 60 days or revoke any license or impose a civil fine not to exceed $2,000 for each violation upon a finding that the licensee or an agent or employee of the licensee has failed to comply with any • applicable statute, regulation or ordinance. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to M.S. §§ Z 14.57 - 14.69, as it may be amended from time to time. Any conviction by the licensee • for theft, burglary, robbery, receiving stolen property or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. (C) - The proposed use does not comply with the applicable zoning code. (D) The proposed use does not comply with any health, building, building maintenance or other provisions of this Code of Ordinances or state law. (E) The applicant or licensee has failed to comply with one or more provisions of this chapter. (F) The applicant is not a citizen of the United States or a resident alien, or upon whom it is impractical or impossible to conduct a background or financial investigation due to the unavailability of information. (G) Fraud, misrepresentation or bribery in securing or renewing a license. (H) Fraud, misrepresentation or false statements made in the application and investigation for, or in the course of, the applicants business. (1) Violation within the preceding five (5) years, or any law relating to the theft, damage or trespass to property, sale of controlled substances, or operation of a business. • (J) The owner of the premises licensed or to be licensed would not qualify for a license under the terms of this chapter. RULES AND REGULATIONS § 120.35 LICENSEE RESPONSIBILITY; CONDUCT. Every licensee is responsible for the conduct of his or her place of business and the conditions of order in it. The act of any employee of the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable for all penalties provided by this chapter equally with the employee, except criminal penalties. ('89 Code, § 6.41) (Ord. 95 -162, passed 2- 27 -96) § 120.36 LICENSE DISPLAY REQUIRED. Every license must be posted in a conspicuous place in the premises for which it is used. 0 ('89 Code, § 6.41) (Ord. 95 -162, passed 2- 27 -96) i us § 12037 RECORDS REQUIRED. • (a) At the time of any reportable transaction other than renewai —extensions, redemptions or `confiscations, every licensee must immediately rew11 46,English the following information by using ink or other indelible medium on $4ms or in a computerized record approved by the police department: (1) A complete and accurate description of each item including, but not limited to, any trademark, identification number,, serial number, model number, brand name, or other identifying mark on such an item. (2) The purchase price, amount of money loaned uport of pledged therefor. (3) ' The maturity date of the transaction and the amount due; including monthly and annual interest rates and all pawn fees and charges: (4) Date, time and place the item of property was received by the licensee and the unique alpha and/or numeric transaction identifier that distinguishes, it from all other transactions in the licensee's records. (5) Full name, current residence address, current residence" telephone number, date of birth and accurate description of the person from whom the item of property was received, including: sex, height, weight, race, color of eyes and color of hair. . (6) The identification number and state of issue from any of the following forms of identification of the seller. a. Current valid Minnesota driver's license. b. Current valid Minnesota identification card. c. Current valid photo identification card issued by another state or province of Canada. (7) The signature of the person identified in the transaction. (8) Effective sixty (60) days from the date of notification by the police department of acceptable video standards, the licensee must also take a color photograph or color video recording of a. Each customer involved in a billable transaction. b. Every item; pawned or sold that does not have a unique serial or identification number permanently engraved or affixed. If a photograph is taken, it must be at least two inches in length by two inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. Such photographs must be available to the chief of police or the chief s designee, upon request. The major portion • of the photograph must include an identifiable facial image of the person 11 j t)� ) who pawned or sold the item. Items photographed must be accurately • depicted. The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient sizo`in a conspicuous place on the premises. If a video photograph is taken, the 'video camera must focus on the person pawning or selling' the item so as to include an identifiable image of that person's face. Items photographed by video must be accurately depicted. Video photographs must lie el gtronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they. relate-, licensee must inform the person that he or she is being videotaped by displaying a sign `. of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape for three (3) months. (9) - Digitized photographs.: Effective sixty (60) <days from the date of notification by the police department, . licensees must fulfill the color photograph requirements in section 120.37(8) by submitting them as digital images, in a format specified by the issuing authority, electronically cross referenced to the reportable transaction they are associated with. Notwithstanding the digital images may be captured from required video recordings, this provision does not alter or amend the requirements in subsection (8). (10) ' Renewals, extensions, redemptions and confiscations. For renewals, extensions, redemptions and confiscations, the licensee shall provide the • original transaction identifier, the date of the current transaction and the type of transaction. § 120.38 INSPECTION OF RECORDS. The licensee shall make available the information required above at all reasonable times for inspection by law enforcement officials. The information required in § 120.37 above shall be retained by the pawnbroker for at least four years. ('89 Code, § 6.41) (Ord. 95 -162, passed 2- 27 -96) § 12039 PROPERTY RECEIVED; RECEIPTS. Each licensee shall issue a receipt as follows: (1) Every licensee must provide a receipt to the party identified in every reportable transaction and must maintain a duplicate of that receipt for three (3) years. The receipt must include at least the following • information: 12 • a The name, address and telephone number of dte:' licensed business. b. The date and time the item was received by the licensee. c. Whether the item'was pawned or sold or the uattm of, the transaction. d. An accurate description of each item = iceeived including, but not limited to; any trademark, identification number, serial number, model number, brand name or other identifying mark' on such an item. e. The signature or unique identifier of the licensee or employee who conducted the transaction. £ The amount advanced or paid. g. The monthly and annual interest rates, including' all pawn fees and charges. b. The last regular day of business by which the item must be redeemed by the pledger without risk that the item will be sold and the amount necessary to redeem the pawned item oft that date. i. The full name, current residence address, current residence telephone number and date of birth of the pledger or Seller. • j. The identification number and state of issue f om any of the following forms of identification of the seller. 1. Current valid Minnesota driver's license; or 2. Current valid Minnesota identification card; or 3; Current valid photo driver's license or identification card issued by another state or province of Canada k. Description of the pledger or seller; including approximate height and weight, sex, race, color of eyes and color of hair. 1. The signature of the pledger or seller. m. All printed statements as required by M.S.A. § 325J.04, Subdivision 2 or any other applicable statutes. § 120.40 DAILY REPORTS TO POLICE DEPARTMENT. Daily reports to Hutchinson Police Department containing the following information are hereby required: n U 13 Cl (1) Effective no later than sixty (60) days after the police department provides licensees with the current version of the automated pawn system interchange file specification, licensees must submit every reportable transaction to 4w police department daily in the following manner. a. Licensees must provide to the police department all reportable transaction information by transferring it from their computer to the automated pawn system via modem using the current version of the automated pawn system interchange file specification Ali required records trust be transmitted completely and accurately after the close; of business each day in accordance with standards and procedures established by the issuing authority. Any transaction that does not meet the automated pawn system interchange file specification must be corrected and: resubmitted the next business day. The licensee must display a sigwof sufficient size, in a conspicuous place on the premises, which informs patrons that all transactions are reported to the police department daily. (2) Billable transaction fees. Licensees will be charged for each billable transaction reported to the police department. a. If a licensee is unable to successfully transfer the required reports by modem, the licensee must provide the police department, upon request, printed copies of all reportable transactions along with the video tape(s) for that date, by noon the next business day, b. If the problem is determined to be in the licensee's system and is not corrected by the close of the first business day following the failure, the licensee must continue to provide the required reports as detailed in subsection 120.40 (1)(a), and shall be charged a $.00 (reserved for future consideration) reporting failure penalty, daily, until the error is corrected; or c. If the problem is determined to be outside the licensee's system, the licensee must continue to provide the required reports in subsection 120.40 (l)(a), and resubmit all such transactions via modem when the error is corrected. d. If a licensee is unable to capture, digitize or transmit the photographs required in subsection 120.37, the licensee must immediately take all required photographs with a still camera, cross reference the photographs to the correct transaction and make the pictures available to the police department upon request. 14 i(Ai L e. Regardless of the cause or origin of the technical problems that prevented the licensee from uploading their reportable transactions, upon oorrection of the problem, the licensee shall upload every reportable transaction from every business day the problem had existed. f. Subsection 120.401 and all subdivisions„ notwithstanding; the police department may, upon presentation of extenuating circumstances, delay the implementation of the daily reporting penalty. § 120.41 POLICE RESTRICTIONS ON SALE OR REDEMPTION /ORD" To HOLD PROPERTY. a) Investigative hold. Whenever law enforcement 41 notifies a licensee not to sell an item, the item must not be the premises. The investigative hold 'shall be confirms originating agency within seventy-two (72) hours and will days from the date of initial notification, or until the cancelled, or until an order to hold/confiscate is issued, puts whichever comes first. (b) Order to hold. Whenever the chief of police, or the chiefs designee, °notifies a licensee not to sell an item, the item must not be sold or removed from the licenses premises until authorized to be released by the chief of police or the chief s designee. The order to hold shall expire ninety (90) days from the date it is placed, unless the chief of police, or the chiefs designee, determines the hold is still necessary and notifies the licensee in writing.: (c) Order to confiscate. ,If an item is identified as stolen or evidence in criminal case, the chief of police or the chief s designee may: (1) Physically confiscate and remove it from the shop pursuant to a written order from the chief of police or the chief s designee; or (2) Place the item on hold or extend the hold as provided in subsection (b) and leave it in the shop. When an item is confiscated, the person doing so shall provide identification upon request of the licensee and shall provide the licensee with the name and telephone number of the confiscating agency and investigator and the case number related to the confiscation. When an order to hold/confiscate is no longer necessary, the chief of police or chiefs designee shall so notify the licensee. 15 °�_� § 120.42 SALE OR REDEMPTION OF REPORTED ITEMS; WAITING PERIOD. Any item received by the licensee for which a report to the City Police Department is required shall not be sold or otherwise transferred, or in the case of precious metal, melted down or dismantled, for 14 days after the date of that report to the police. ('89 Code, § 6.41) (Ord. 95 -162, passed 2- 27 -96) Penalty, see S 10.99 § 120.43 INSPECTION OF ITEMS. (A) Inspection by city. The licensee shall, at all times during the term of the license, allow the City Police Department to enter the premises where the business is located and any other premises where items purchased or received as part of the business are stored, for the purpose of inspecting the premises and the merchandise therein to locate items suspected or alleged to have been stolen or otherwise improperly disposed of. (B) Inspection by claimants. Additionally, all the items coming into possession of the licensee shall at all times be open to inspection and right of examination of any person claiming to have been the owner thereof or claiming to have any interest therein, when that person is accompanied by a police officer. The licensee may require, prior to inspection, a reasonable description of the property from the party claiming ownership or an interest in the property. ('89 Code, § 6.41) (Ord. 95 -162, passed 2- 27 -96) § 120.44 GAMBLING PROHIBITED. No licensee may keep, possess or operate, or permit the keeping, possession or operation on the licensed premises of dice, slot machines, roulette wheels, punchboards, blackjack tables or pinball machines which return coins or slugs, chips or tokens of any kind, which are redeemable in merchandise or cash. No gambling equipment authorized under M.S. §§ 349.11 - 349.61, as it may be amended from time to time, may be kept or operated and no raffles may be conducted on the licensed premises or adjoining rooms. The purchase of lottery tickets may take place on the licensed premises as authorized by the director of the lottery pursuant to M.S. §§ 349A.01 - 349A.15, as it may be amended from time to time. ('89 Code, § 6.41) (Ord. 95 -162, passed 2- 27 -96) Penalty, see § 10.99 § 120.45 STORAGE; OVERSIZED ITEMS. All items must be stored within the licensed premises building, except the city may permit the licensee to designate one locked and secured warehouse building within the • city in which the licensee may store oversized items. No item may be stored in the 16 designated warehouse building that is not reported in the journal. The licensee shall • permit immediate inspection of the warehouse at any time during business hours by the city, and failure to do so is a violation of this chapter. Oversized items may not be stored in parking lots or other outside areas. All provisions regarding record keeping and reporting shall apply to oversized items. ('89 Code, § 6.41) (Ord. 95 -162, passed 2- 27 -96) Penalty, see § 10.99 § 120.46 OFF -SITE SALES AND STORAGE. All items accepted by a licensee at a licensed location in the city shall be for pledge or sale through a licensed location in the city. The licensee shall be responsible for maintaining adequate records to demonstrate ownership for the sale or pledging of items acquired at appropriately licensed facilities located in other cities. ('89 Code, § 6.41) (Ord. 95 -162, passed 2- 27 -96) § 120.47 RESTRICTIONS ON WEAPONS. (A) A licensee may not receive as a pledge or otherwise, or accept for consignment or sale, any firearm as defined in § 130.01 of this code, unless the licensee also maintains a federal firearms dealer's license. • (B) A licensee may not receive as a pledge or otherwise, or accept for consignment or sale, any assault weapon. (C) A licensee may not use out -of -state identification for the sale, consignment or pawning of any firearm. ('89 Code, § 6.41) (Ord. 95 -162, passed 2- 27 -96) Penalty, see & 10.99 § 120.48 REDEMPTION PERIOD. Any person pledging, pawning, or depositing an item for security must have a minimum of ninety (90) days from the date of that transaction to redeem the item before it may forfeited and sold During the ninety (90) day holding period, items may not be removed from the licensed location except as provided in 120.52 Licensees are prohibited from redeeming any item to anyone other than the person to whom the receipt was issued or, to any person identified in writing by the pledger at the time of the initial transaction and signed by the pledger, or with approval of the chief of police, or chief's designee. Written authorization for release of property to persons other than original pledger must he maintained along with the original transaction record in accordance with 120.37. § 120.49 HOLDING PERIOD. Any item purchased or accepted in trade by a licensee must not be sold or otherwise transferred for thirty (30) days from the date of the transaction. An individual may redeem an item seventy-two (72) hours after the item was . received on deposit, excluding Sundays and legal holidays. 17 § 120.50 LABEL REQUIRED. Licensees must attach a label to every item at the time it is pawned, purchased or received in inventory from an reportable, transaction. Permanently recorded on this label must be the number or name that identifies the transaction in the shop's records, the transaction date, the name of the item and the description or the model and serial number of the item as reported to the police department, whichever is applicable, and the date the item is out of pawn or can be sold, if applicable. Labels should not be reused. § 120.51 PROHIBITED ACTS. (a) No person under the age of eighteen (18) years may pawn or sell or attempt to pawn or sell goods with any licensee, nor may any licensee receive any goods from aperson under the age of eighteen (18) years. (b) No licensee may receive any goods from a person of unsound mind or an intoxicated person. (c) No licensee by receive any goods, unless the seller presents identification in the form of a valid driver's license, a valid State of Minnesota identification card, or a current valid photo driver's license or identification card issued by the state or providence of residency of the person from whom the item" was received. (d) No licensee may receive any item of property that possesses an altered or obliterated serial number or operation identification or any item or • property that has bad its serial number removed. (e) No person may pawn, pledge, sell, consign, leave) or deposit any article of property no their own; nor shall any person pawn, pledge, sell consign, leave, or deposit the property of another, whether with permission or without; nor shall any person pawn, pledge, sell, consign, leave, or deposit any article of property in which another has a security interest; with any licensee. (f) No person seeking to pawn, pledge, sell, consign, leave, or deposit any article of property with any licensee shall give a false or fictitious name nor give a false date of birth; nor give a false or out of date address of residence or telephone number; nor present a false or altered identification, or the identification of another, to any licensee. § 120.52 BUSINESS AT ONLY ONE PLACE. A license under this chapter authorized the licensee to carry on its business only at the permanent place of business designated in the license. However, upon written request, the chief of police, or chief's designee, may approve an off -site locked and secured storage facility. The licensee shall permit inspection of the facility in accordance with 120.38. All provisions of this chapter regarding record keeping and reporting apply to the facility and its contents, Property shall be stored in compliance with all provisions of the city code. The licensee must either own the building in which the business is conducted, and any approved off -site storage facility, or have a lease on the business premise that extends for more that six (6) • months. ku IC-)( k) • §` 120,53 EFFECTIVE DATE. This division shall be effective from and after the later of the following: (1) Sixty (60) days after its adoption and second publication; or (2), = September 1, 2006 Disclaimer: This Code of Ordinances and.!or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. Amercan Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll -free at 800- 445 -5588. J 2005 Amercan Legal Publishing Corporation techsu000rtCo)aml egal. com 1.800.445.5588. • LJ 19 CITY OF HUTCHINSON MEMO Finance Department July 20, 2006 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: CITY SALES TAX Discussion by council, city staff, and the public of a city sales tax has been on going for many years including one attempt when the Events Center was first proposed. With this memo is a Department of Revenue Sales Tax Division of Minnesota Cities that currently have local sales tax authorization and a LMC law summer of 2006 addition to the state law. Action Requested It has been suggested the City of Hutchinson implement such a local sales tax. To move to this there maybe community volunteers who would volunteer to work on such a project. The charge could include suggestions of projects could be funded by local sales tax. As background, recently legislation in but one exception (a baseball stadium) before becoming law the city must have voter approval at a State General Election. Appointment of a committee would be a first step with the thought of implementation, assuming approval, following the 2008 general election. H: \HOC \City counci2 memo l.doc 1r� u 16 (e) • MINNESOTA' REVENUE www. taxes.state.mm us City /County Type of Tax Begin Date Rate Albert Lea Sales Tax and Use Tax 4/1/06 0.50% Bemidji Sales Tax and Use Tax 1/1106 o.50% - Cook County Sales Tax 1/1/94 1.00% Use Tax 1/1/00 1.00% Duluth'. Sales Tax and Use Tax 111170 (1) 1.00% Hermantown Sales Tax 411/97 0.50% Use Tax 1/1/00 0.50% Mankato Sales Tax 4/1/92 0.50% Use Tax 1/1/00 0.50% Minneapolis Sales Tax and Use Tax 211/87 0.50°/% Downtown Liquor Tax' 211/87 3.00% Lodging Tax (2)' 4/1/02 3.00% Downtown Restaurant Tax' 211187 3.00% Entertainment Tax' - 10/1169 3.00°/% New Ulm Sales Tax and Use Tax 411/01 0.50% Proctor Sales Tax and Use Tax 411/00 0.50% Rochester Sales Tax and Use Tax 1/1/93 0.50% Lodging Tax (3)' 9/1/71 4.00% St. Cloud Area (4) Sales and Use Tax 1/1/03 0.50% St. Cloud Liquor Tax' 2/1/87 1.00% Food Tax' 2!1187 1.00% St. Paul Sales Tax 9/1/93 0.50% Use Tax 1/1100 0.50% Lodging Tax 50+ rooms' I 4/1104(5) 6.00% Lodging Tax less than 50 rooms' 411/04 (5) 3.00% Two Harbors ! Sales Tax and Use 411/99 0.50% Willmar Sales Tax and Use Tax 111/06 0.50% (1) Duluth sales and use tax originally began 111/70. Minnesota Revenue began administration January 1, 2006. (2) Minneapolis lodging tax rate was 2% before 4/1102. (3) Rochester lodging tax rate was 3% before 711/02 (4) St. Cloud, Sartell, Sauk Rapids, and St. Augusta participate in this tax. Beginning 1/1/06, St. Joseph and Waite Park be- came participating cities. (5) Minnesota Revenue began administration of St. Paul lodging taxes that were previously administered by St. Paul. "For more information about the nine special local taxes (shown in the chart with an asterisk [']) see Sales Tax Fact Sheet 164S, Special Local Taxes. Corporate and Sales Tax Division -Mail Station 6330 - St. Paul, MN 55146-6330 Phone: 611,196-6111 Mnnesota Relay (TTY) 717 Stack No. 2800164, Revised 2106 This fact sheet is intended to help you become more familiar with Minnesota tax laws and your rights and responsibilities under the laws. Nothing in this fact sheet supersedes, alters, or otherwise changes any provisions of the tax law, administrative rules, court decisions, or revenue notices. Alternative formats available upon request. Minnesota Revenue, Local Sales and Use Taxes I-(�(0) r1 U • ing planning, studies, legal advocacy, and a toll-free hot- line. Policy language dealing with Human Trafficking Task Force activities is found in Article 13, sections 8-12. Human Trafficking Task Force provisions are effective July 1, 2006. • Youth intervention programs. Article 13, section 4, subd. 4f provides $200,000 for youth intervention pro- grams under Minn. Star. 299A.73.The funds are to be used to help existing programs serve unmet needs in communities and to create new programs in underserved areas of the state. • Crime victim support grants. Article 13, section 4, subd. 4g provides $150,000 for a grant to a private, non- profit organization dedicated to providing immediate and long -term emotional support and practical help for the families and friends of individuals who have died by homicide, suicide or accident.This is a onetime appro- priation. • Financial Crimes Task Force. Article 13, section 4, subd. 4j provides $177,000 for FY 2006 and $177,000 for FY 2007 to supplement the budget of the Financial Crimes Task Force. Effective June 3, 2006, except Human TraffzkingTask Force provisions, which are effective July 1, 2006. (AF) Peace Officer Standards and Training Board (POST) reimbursements funded Chapter 282 (HF 4162 * /SF 3781), the supplemental appropriations bill, increases from $2.909 million to $3.109 million the amount available for reimbursements in FY 2007 to local governments for peace officer training costs.The appropriation is found in Article 13, section 6. Effective June 3, 2006. (AF) riz TAXES Omnibus tax bill (except public finance and TIF articles) Chapter 259 (HF 785) is the annual omnibus tax bill. Below are summaries of provisions of interest to cities The summary dealing specifically with Article 9, the public finance bill can be found in the public finance portion of this Law Summaries document; Article 8 dealing with tax increment changes can be found in the Economic Devel- opment section of this document. (GC) Article 3. Sales and use taxes: Hermantown sales tax uses expanded. Section 3 expands the permissible uses for the Hermantown local sales tax to include a multi -use police and fire station building that can also contain an administrative services section. Effective upon local approval. Doran 2A • Hermantown sales tax termination. Section 4 pro- vides that the city of Hermantown's local sales tax will expire on March 31, 2026. Previously, the expiration was specified as the later of 10 years after the tax was first imposed in 1996 or when sufficient funds had been raised to fund the authorized projects. Effective upon local approval. • Albert Lea use of sales tax revenues. Section 6 clari- fies that the city of Albert Lea may transfer its local sales tax revenues to the Shell Rock River Watershed Board, notwithstanding the city's charter limitations. It states that the city does not have to oversee the Watershed Board's expenditures.The authority for imposing the tax was granted during the 2005 special session, and it requires that the revenue be used to fund projects in the Watershed Board's plans. Effective upon local approval. • Winona sales tax uses expanded. Section 7 expands the allowed uses of the revenues from the existing local sales and excise tax in Winona to include funding up to $1.2 million of the costs of certain flood control projects approved by the City Council Feb. 6, 2006. Effective upon local approval. • Worthington local sales tax referendum. Section 8 allows the city of Worthington to hold its referendum to impose a local sales tax at either the 2006 or 2008 general election.The authority for imposing the tax was originally granted during the 2005 special session. Effec- tiveJune 2, 2006. • Austin sales tax authorized. Section 9 authorizes the city of Austin to impose a one -half of one percent local sales tax to fund flood mitigation projects.The city must hold a referendum at the next general election or at a special election held before Jan. 1, 2007.The authoriza- tion also allows the city to issue $14 million in bonds for the flood mitigation project. The tax expires at the ear- lier of 20 years or when funds sufficient to finance the authorized projects have been raised. Effective upon local approval. • Baxter sales tax authorized. Section 10 authorizes the city of Baxter to impose a one -half of one percent local sales tax to fund improvements to water and waste- water facilities and the construction and equipping a fire substation.The authorization also allows the city to impose a $20 per vehicle sales tax on motor vehicles sold by licensed dealers in the cityThe city can issue up to $15 million in bonds for the projects authorized for the sales tax.The authorization is based on the local refer- endum passed in November 2004.The tax expires at the earlier of 12 years, or when funds sufficient to finance the authorized $15 million in projects have been raised. Effective upon local approval. • Brainerd sales tax authorized. Section 11 authorizes the city of Brainerd to impose a one -half of 1 percent Cit League of Minnesota i I�� local sales tax to fund joint water and wastewater treatment facilities with the city of Baxter, water infrastructure •improvements, and recreational trail development The authorization also allows the city to impose a $20 per vehicle sales tax on motor vehicles sold by licensed deal- ers in the city The city can issue up to $22.03 trillion in bonds for the projects authorized for the sales tax.The sales tax must be approved by the voters at the next gen- eral election in November 2006.The tax expires at the earlier of 12 years, or when funds sufficient to finance the authorized $22.03 million in projects have been • raised. Effective upon local approval. • Owatonna sales tax authorized. Section 12 authorizes the city of Owatonna to impose a one -half of 1 percent local sales tax to fund Owatonna Beltline related trans- portation projects associated with Highway 14, parks and trail projects, and West Hills complex, fire hall, and library improvement projects-The authorization also allows the city to impose a $20 per vehicle sales tax on motor vehicles sold by licensed dealers in the city The city can issue up to $12.7 million in bonds for the proj- ects supported by the sales tax.Voters must approve the sales tax at the next general.The tax would expire at the earlier of 10 years or when funds sufficient to finance the authorized $12.7 million in projects have been raised. Effective upon local approval. Article 4. Property taxes: Business subsidy application. Section 1 amends the business subsidy law to provide that it does not apply to property tax abatements granted to utility property. Effective Aug. 1, 2006. Emergency medical services taxing districts tax levy authority. Section 3 increases the maximum prop- erty tax levy imposed by an emergency medical services special taxing district to the lesser of $400,000 or 0.048 percent of the taxable market value of the district. The previous limit was the lesser of $250,000 or 0.048 per- cent of the taxable market value of the district. Effective Aug. 1, 2006. Shakopee biomass electric generation facility tax exemption. Section 7 extends the date by which construction must begin for a proposed plant for Rahr Malting in the city of Shakopee to Jan. 1, 2008, from Jan. 1, 2006. If construction is commenced by that date, and if agreed to by the city and county, the facility quali- fies for a personal property tax exemption. Effective far taxes levied in 2008, payable in 2009 and thereafter. Effective for taxes levies in 2008, payable in 2009 and thereafter. Excelsior Electric generation facility personal property exemption. Section 8 provides a tax exemp- tion for attached machinery and other personal property, which is part of a proposed facility that is designated as an innovative energy project, is within the taconite tax 2006 Law Summaries relief area, has received by resolution approval from the county and city or township in which it is to be located; and meets other criteria. Construction of the first 500 megawatts of the facility must be commenced before Jan. 1, 2010, and up to an additional 750 megawatts must be commenced before Jan. 1, 2015.The provision also provides that the owner of the facility must have an agreement with the host county, school district, and city or township for a payment in -lieu of property taxes. Effective June 2, 2006. Wind energy conversion system definitions. Sec - tion 10 expands the definition of wind energy conver- sion systems to include substations used and owned by one or more wind energy conversion facilities. By expanding the definition, qualifying substations will be exempted from property tax since these systems pay a production tax rather than the property tax. Effective (u faxes levied in 2006, payable in 2007 and thereafter. First tier valuation limit for agricultural home- stead property. Section 11 provides for an indexing of the first tier of the agricultural homestead property classification. Beginning with the 2006 assessment year (taxes payable in 2007), the current $600,000 first tier limit, which is subject to the 0.55 percent class rate will annually be adjusted based upon the ratio of the previ- ous assessment year's statewide average taxable market value of agricultural property per acre of deeded farm land to the same measure for assessment year 2004.The limit is rounded to the nearest $10,000 and is certi- fied annually by the commissioner of Revenue. Accord- ing to the Department of Revenue, the estimated limit for pay 2007 under this provision will be approximately $690,000. Effective for assessment year 2006 and thereafter. Homestead of active member of U.S. armed forces. Section 12 allows a person who is absent from Minnesota solely because that person is on active duty to receive homestead classification for property acquired by that individual even if the property has not been occu- pied as a homestead by the person or a member of that person's family. In order to qualify, the person acquiring the property must notify the county assessor of the per- son's absence due to military service-When the person returns from service, the assessor must grant an abate- ment for the difference between the non - homestead and homestead taxes for the current year and up to two previous years, not to exceed the time the person owned the property. Effective for assessments in 2006, taxes payable in 2007 and thereafter. Utility property tax abatements. Section 14 modi- fies the general abatement authority provision to allow a political subdivision to grant abatements to utility prop- erty, including personal propertyThis section also autho- rizes the granting of the abatement if the governing Page 35 11 Nd TO: Mayor & City Council FROM: John Rodeberg, Director of Public Works Kent Exner, City Engineer RE: Consideration for Approval of Consulting Agreement Amendment with SEH Consulting Regarding Denver Avenue SE Design Services — Continued from earlier City Council meeting DATE: July 25, 2006 • City staff has worked with SEH Consulting throughout the development of the Denver Avenue SE construction project. These efforts have included the conceptual design, topographic survey, feasibility study, preliminary and final design, and bidding document preparation. The original scope of work (Phase 1) primarily addressed the work completed by SEH up to the final design and document preparation. The remainder of the project work (Phase 2) was completed by SEH in order to expedite the receiving of bids. Attached is the proposal provided by SEH for inclusion of Phase 2 into the original Consulting Agreement. The attached SEH request letter states that the final cost of design services shall not exceed 5110,000. These services allowed the City to examine and include several construction cost saving measures within the bidding documents. Thus, these efforts resulted in an apparent low bid that is almost 12% below the Final Estimate. These services are accounted for within the current Capital Improvement Plan. Questions raised at the previous City Council meeting regarding the added project scope and associated design fees have been reviewed at subsequent meetings between staff, the Mayor and the Consultant. We have reviewed the increase in design fees, and they are appropriate andfair. Thesefees have been accountedfor in the approved project assessments to the adjacent property owners. We recommend executing this Consulting Agreement Amendment with SEH Consulting. cc: Gary Plotz— City Administrator • ,b(a) 0 0 SEH June 7, 2006 Kent Exner, PE City Engineer City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 -2522 Dear Mr. Exner: RE: City of Hutchinson Denver Street Extension Project SEH No. P- HUTCH0505.00 10.00 As you are aware from our previous discussions, SEH's engineering costs on this project have exceeded our original March 2005 proposal. We believe that many of the overrun costs are associated with factors that could not be anticipated during our original cost proposal. While it is difficult for me to comment on work done prior to my involvement with the project in February of 2006, below is a summary of services and estimated costs that SEH has provided since February 2006, that do not appear to be part of SEH's original scope of work, proposed in March of 2005: • ROW and Easement descriptions and map /additional surveying required to obtain data from the new Denver Avenue east of the project, which had not been constructed when the project began in 2005: $3,200 • Developer coordination and reviews items: $1,000 • Temporary Pond design and redesign $3,800 • Redesign of completed plans $9,500' • Street section options and alternates $2,000** Total Additional Services: $19,500 *I have estimated $9,500 for "redesign" from a total $20,120 in engineering costs for the month of May, based on timesheet logs, dates, and assumptions. I had assumed some costs were already part of normal plan production, printing, etc. ** If the concrete pavement alternate is chosen, some additional plan preparation will be required. Costs related to the delay in the project are another obvious factor, which are difficult to tie to a number. The project was originally proposed for construction during the summer of 2005 and is now anticipated for construction in 2006. This has resulted in costs related to inflation and the inefficiency of restarting the project. Short Elliott Hendrickson Inc., 310 Main Avenue West, P.O. Box 776, Gaylord, MN 55334 -0776 SEH Is an equal osmor[unity emolover I w .sehlnc.com 1 502237.2924 1 800.838.8666 1 507.237.5516 fax ,aca) • 0 Kent Exner, PE June 7, 2006 Page 2 Due to those factors and factors that may he tied to work done in 2005, I felt the best way to analyze this was to look at actual engineering costs and anticipated engineering costs as a benchmark: ENGINEERING: • Original Proposal, (3/2005): • Engineering Design costs (as of 5/31/2006): • Estimated Final Design costs, (est. 6/30/2006): * ** SPH has not invoiced yet for costs above $62,371 CONSTRUCTION COST ESTIMATES: • Feasibility Construction Cost Estimate, (8/2005): • Engineer's Construction Cost Estimate, (5/812006): Project was revised 5/9/2006 after plans nearly complete • Redesigned Project Engineer's Const. Cost Est., (5/31/2006): $62,371.20 $111,610 * ** $115,000 $775,000 $830,000 $550,000 ESTIMATE OF ANTICIPATED ENGINEERING, BASED ON AN ASSUMED 12% FOR DESIGN ENGINEERING: • 2005: $775,000 x .90(less contingency) x 1.05(plus inflation) x 0.12(est. engineering) + Estimate of Additional Services = $87,885 + $19,500 = $107,000 or • 2006: $830,000 x .90 x .12 + $19,500 = $89,640 + $19,500 = $109,000 Again, as of May 31, 2006, SEH has accumulated a cost of $111,610 and we estimate a final cost for design services to be approximately $115,000 for final work and expenses (printing, travel, etc.), accumulated during the month of June. Based on the above analysis, history of the project, and additional services performed, SEH would like to request approval to increase the budget for engineering design services to the amount of $110,000. SEH acknowledges that there are costs above the $110,000 that may be difficult to account for and we agree to accept them. If you find this analysis acceptable, please accept this letter as a supplemental agreement and acknowledge your acceptance by signing and returning this letter to our office. Or, please contact me or Dave Halter if you would like to discuss this further �D(CO • Kent Exner, PE June 7, 2006 Page 3 I have greatly enjoyed the opportunity to work with you and your staff and look forward to the opportunity to do more work with you in the future. Sincerely, SHORT ELLIOTT HENDRICKSON INC. i f ` Christopher M. Cavett, PE Project Manager c: John Rodeberg, City of Hutchinson David C. Halter, SEH du Enclosure • City of Hutchinson Accepted this Authorized by: Name 9 docNwc M5 po 1trm2d • day of Title 2005. 16 Ld) 0 R TO: Mayor & City Council FROM: John Rodeberg, Director of Public Works Kent Exner, City Engineer RE: Consideration for Approval of Consulting Agreement with SEH Consulting Regarding Denver Avenue SE Construction Services (Letting No. 3/Project No. 06- 03) DATE: July 25, 2006 SEH Consulting has provided a proposal to perform necessary construction services throughout the Denver • Ave SE project. City staff will perform construction inspection and administration duties, but some assistance is required to complete the construction staking and record drawing preparation. These services will be performed on an hourly not- to-exceed fee basis. The costs of these necessary services are accounted for in the approved project assessments to the adjacent properties. We recommend approving this Consulting Agreement with SEH Consulting. cc:. GaryPlotz — City Adnimistrator • • n U SEH July 12, 2006 Kent Exner, PE City Engineer City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 -2522 Dear Mr. Exner: RE: City of Hutchinson Denver Street Extension Project SEH No. P- HUTCH0505.00 10.00 Short Elliott Hendrickson Inc. (SEH") is pleased to submit this proposal for construction services for the Denver Avenue Extension as discussed. The proposed project consists of constructing Denver Avenue from Minnesota State Highway 15 to the western edge of the Summerset development and a right -turn lane off of Highway 15 onto Denver Avenue. Construction services for this proposal are defined as construction staking, construction administration (on- call), and preparation of record drawings. SEH proposes to perform the construction services in the following manner and fee method: Construction Staking would include all survey coordination and crew time and would be performed on an hourly not -to- exceed budget. Construction Staking: S 26,485 (hourly not -to- exceed fee) 2. Construction Administration would include all services related to providing professional direction to the City by the project team. These services may include, but not be limited to: issuing construction plans, attending preconstruction meeting, answering questions of city staff and contractor, and directing city staff, contractor, and/or survey personnel on items related to the design. Work may include necessary re- designs that may have been out of the control of the original designers, or possible field visits to address potential staff concerns or questions. It is anticipated that construction administrative services by SEH will be rather limited, but because the needs and possible extent of duties for construction administration services are difficult to define, we have proposed to provide construction administration services on an on -call basis to the City, charged at the hourly rate for the respective person providing service to the City. Construction Administration: Hourly basis (on -call) 3. Preparation of Record Drawings would include the revision of construction plans to reflect any field changes. It is assumed that city staff providing observation on the project would provide SEH with a redlined revision set of drawings reflecting all changes to be made, including the Short Elliott Hendrickson Inc., 310 Main Avenue West, P.O. Box 776, Gaylord, MN 55334 -0776 SEH Is an coual 0000rtunfty emnbver 1 wwwsehinc.com 1 507.237.2914 1 800.8389666 I 507237.5516 far ,ocCl) 11 • • Kent Exner, PE July 12, 2006 Page 2 elevations of all key structures and inverts. SEH would propose to provide a signed hard -copy paper original and electronic (.pdfs) of the record drawings. In addition, SEH will provide the City with an electronic base drawing of the project area in AutoCAD (.dwg) format, converted from the original MicroStation format. All attempts will be made to finalize record drawings this winter despite the completion of the wear course in 2007. Accurate estimations would be made to determine the final top of casting elevations. Preparation and delivery of Record Drawings: S 2,600 (hourly not -to- exceed fee) Please contact me with any questions or comments. If you find this proposal acceptable, acknowledge this Supplemental Letter Agreement by signing and returning this letter to us. Thank you again for this opportunity to work with you and your staff at the City of Hutchinson. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Christopher M. Cavett, P.E. Project Manager c: John Rodeberg, City of Hutchinson David C. Halter, SEH du Enclosure City of Hutchinson Accepted this Authorized by: Name u:\FMMMch100M"Mwd Dmviur MS rn.a CAN sav u .m day of Title 2006. o(3) SEH July 21, 2006 Kent Exner, P.E. City Engineer City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Dear Mr. Exner: RE: Hutchinson, MN Denver Avenue Project SEH No. A- HUTCHO505.00 10.00 Thank you for arranging for Mr. Cavett and myself to meet with Mayor Cook last week. We appreciated that opportunity and hope it was beneficial for you and the Mayor. As you know, our firm has been dedicated to "client service" built around strong relationships and trust and it is always good for us to get to know the people we work for. Of course, the purpose of that meeting was to discuss the extra engineering fees on the Denver Avenue • project Mr. Cavett requested in his letter of June 7. We believe the entire amount of that request is justified and I make the following points. • Our original fee proposal of $62,371 was an estimate based on the three fundamental items that go into all engineering contracts. The scope or magnitude of the project; the schedule in which the service is to be performed and the cost of our performing the service. If any of these three items change at least one of the others must change to keep the contract in balance. • In this case, the scope changed which necessitated the budget change. Additional scope items were added in accordance with Mr. Cavett's letter of June 7 for an estimated direct cost of $19,500. The magnitude of the project increased from $775,000 to $830,000 and then back down to $550,000. We reacted to these changes, at a cost, to produce plans and specifications that were subsequently bid within 6% of the engineer's estimated cost. • The schedule was extended a year beyond the original plan and costs associated with project administration, shutdown, and re -start up were incurred. • We provided free services on the specifications estimated to cost us between $5,000 and $10,000. None of the cost for these services show up anywhere in our cost accounting or billings. This was done because our original project manager left our firm and went to work for the City of New Ulm. We brought Mr. Cavett in to finish the job and wanted to make sure we did not bill the City the costs for a second project manager getting up to speed. With the scope of work bouncing around and the schedule changing, it became impossible to track all of the specific costs that were extra. Mr. Cavett's analysis in his June 7 letter is good. A project of this type typically incurs design engineering fees of about 12% or more of the construction costs plus any specific items that are not normally part of a municipal project. That analysis yields a fee amount of approximately $110,000 which is a fair compensation for these services. • Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343 -9301 / SEH is an equal opportunity employer I w .sehinc.com 1 952.912.2600 1 800.734.6757 1 952.912.2601 fax Mr. Kent Exner July 21, 2006 Page 2 n U We have incurred costs to date of $118,920+ with additional time yet to be accounted for, which results in a negative profit. If we include the cost of the free service provided on the specifications mentioned in the two bullets above, we will drive the negative profit deeper. Over the past eight years that we have been providing service to the City on numerous projects and believe we have always treated the City fairly and professionally. Our profit on 20 projects in that time has ranged from a negative 33.8% to a positive 20.4% with most falling between 5% and 14% and the average profit on all projects being 7.7 %. In summary, we are requesting approval of the full $110,000 requested in Mr. Cavett's June 7 letter. We appreciate the City of Hutchinson's use of our services over these past years. Hutchinson is identified in our company as one our top "Key Clients" and we value the relationship that has put the City there. To that end, we will accept whatever decision the City makes regarding this request and will not look back. Thank you for the opportunity to state our position and we look forward to helping you finish this project and others in the future. Sincerely, L:;g DRICKSON INC . r, PE Client Service Manager msm c: Mr. Chris Cavell, SEH p: VjUVw�ch�D]OJOPcart�avWdi�ioml carvi® bna 3.doc • Cit AM "%� y WORKS CROUP 144M Engineering, Streets & Alleys, Water / WasteWater M E M O R A N D U M TO: Mayor and City Council FROM: John Rodeberg, Public Works Director Randy DeVries, Water/Wastewater Director RE: Consideration of Consulting Agreement with Donohue & Associates for Wastewater Treatment Facility SCADA System (Task Order No. 5) (Letting No. 13/Project No. 06-15) DATE: July 20, 2006 As we proceed with the new Water Treatment Plant (WTP) and expansion/modifications at the Wastewater Treatment Facility (W WTF), a main component of the program is an integration and automation of the control systems. The WTP Project includes a Supervisory Control and Data Acquisition ( SCADA) system as part of the base project. Our Capital Improvement Plan includes the addition of a SCADA system at the W WTF to integrate with the WTP system, and also coordinate with the expansion/modification of the W WTF. This system will be integrated with the new Administration Building remodeling and the proposed new Membrane Treatment addition, and will eventually connect the major automated control systems within the wastewater treatment and distribution system. The SCADA system consists of programmable controllers for the control of wastewater treatment processes, and computer based Human Machine Interface (HMI) software. In addition to performing control and real time data display, the system is capable of modification through relatively inexpensive programming, and also provides data storage and exchange. Alarms, process status, and process - related data for the entire system could be viewed and operated in one or more secure locations. Data collected by the system can be stored, displayed in a trend format, and be made available for other software applications for reports and analysis. The ultimate SCADA system will evolve into an overall, efficient system encompassing the entire wastewater treatment and distribution system, as well as the water treatment plant. The scope of services for this contract includes all design, bidding and construction related services needed to complete the project. We recommend approval of the agreement at a cost not to exceed $40,900 without written approval of the Council. There is currently $375,000 in the CIP and Wastewater budget for completing this work. Due to increases in equipment and materials, the cost of the project is higher than our original estimate. We are proposing to complete some of the work in phases. The work will be staged based on the program in the detailed SCADA Report, available for your review. Proposed work would be grouped as follows (prices include relative portion of engineering services): 1: Administration Building main control panel and HMI computer $230,200 2: Solids handling building, telemetry, master radio antenna $ 39,600 3: WTP and WM SCADA integration and fiber optic cable interface $ 33,000 4: HATS and Main Lift Station (Tartan Park) $ 75,700 5: Remaining Lift Stations $187,500 6: Aerators and WAS pumps and OPS system integration $ 62,200 TOTAL $628,200 The first phase would be proposed to include projects 1 through 4 at an estimated cost of $378,500. The remaining work would be in future phases and projects. M DONOHUE® wv Aonohue assxcate xom July 18, 2006 3311 WEEDEN CREEK ROAD SHEBOYGAN, WI 53081 PHONE 920 - 208 -0296 Randy DeVries City Center FAX 920 - 208-0402 111 Hassan Street SE Hutchinson, MN 55350 Re: Task Order No. 5 Wastewater Treatment Facility SCADA System Dear Randy: Enclosed are two revised, signed copies of our proposed Task Order No. 5 that consists of our proposed engineering services for the new SCADA system design, bidding and construction. Please disregard the copy sent yesterday. The total engineering fee for this Task Order is $40,900. If the proposed Task Order is acceptable, please sign and return one copy to us for our files. If you have any questions concerning this matter, please contact either Bob Neils or me. Sincerely, Edward S. Nevers Professional Engineer Enclosures: As noted 0 �0($) TASK ORDER NO.5 TO • CONTINUING PROFESSIONAL SERVICES AGREEMENT Between City of Hutchinson (Owner) and Donohue & Associates, Inc. (Donohue) Date of Original Executed Agreement: March 28, 2006 TASK ORDER NAME/DESCRIPTION A report entitled, "Letter Report — Task Order No. 2, Wastewater SCADA" was prepared by the Engineer under Task Order No. 2 and submitted to the City of Hutchinson. The report recommends replacement of the Main Instrument Panel and Graphic Display Panel used to monitor and control the wastewater plant processes, and to incorporate the remote wastewater lift stations into the overall Supervisory Control and Data Acquisition ( SCADA) system as well. The Main Instrument Panel and Graphic Display Panel were included in the original Waster Treatment Plant construction completed in 1988. While these panels have served the needs of the City for the past 18 years, they are nearing the end of their design life due to age and obsolescence of equipment used in the system. Advances in the capabilities of computer based SCADA technologies will enhance the operation of the facilities, allowing operation staff the capability to more efficiently monitor and control the wastewater collection and treatment process. The new SCADA system will be expandable to easily accommodate new Wastewater Treatment Plant processes. A new computer based SCADA system has been included in the new Water Treatment Plant currently under • construction. This new SCADA system was provided by Quality Flow Systems in conjunction with US Filter Control Systems. The Owner is pleased with the performance and capabilities of this new process control system. The design for the Wastewater Treatment Facility SCADA system will utilize the same software and hardware as that used at the Water Plant, and will be integrated closely with this system • The Owner has retained Donohue to prepare contract documents for the Hutchinson Wastewater Treatment Plant Improvements Project. These documents have been submitted to the MPCA for final approval. The contract documents provide the necessary process controls, including controllers and instrumentation, required for operation of the new screening, membrane bioreactor process, phosphorus removal, and UV disinfection facilities. However, the Improvements Project controls do rely on the completion of the proposed new Wastewater Plant SCADA system for the head end HMI used to provide integrated operator interface, central alarming, and data transfer functions. The Owner wishes to proceed with the design and construction related services of the Wastewater Plant SCADA system. This project is further described in the following scope of services. A. SCOPE OF SERVICES I. Design Services 1. Prepare a preliminary design. The preliminary design will address the following items: a. Prepare a preliminary list of equipment and input/output signal list to summarize the overall scope of the project. � 0, (�) b. Develop preliminary layout sketches of major SCADA equipment. Submit preliminary • drawings to the City of Hutchinson for review and use at the layout/coordination meeting described below. c. Attend a layout/coordination meeting with City of Hutchinson personnel and Wold Architects and Engineers to review the preliminary design and coordinate the SCADA system requirements with the Administration Building Addition currently under being designed by Wold. d. Develop draft project implementation plan with anticipated project construction schedule. 2. Prepared detailed drawings, specifications, and other contract documents for the project. The drawings, specifications, and other contract documents will be prepared using the EJCDC documents and will be set up for one construction contract. 3. Update an opinion of probable construction cost for the proposed work covered by the contract documents at 50% and 95% design completion. Review this data with the Owner, implement project phasing as required to accommodate the City's available funds. 4. Provide sets of the contract documents to Owner for review at 95% project completion. Meet with Owner after documents have been reviewed to discuss and to resolve any questions. 5. Conduct quality control review of the contract documents for completeness, bidability, and constructability. 6. Prepare final contract documents. Incorporate mutually agreed to changes based on the Owner's and quality control review comments and print sets as required for Bidding. • H. Bidding 1. Prepare a brief project description as required for advertisement of the project for public bidding. 2. Distribute bid sets of construction contract documents to potential contractors. Contractors will pay for cost of bid sets printing. 3. Respond to bid set holder questions through issuance of clarifications and addenda as necessary during bidding period. 4. Review bids and recommend to Owner contract award. III. Construction Administration 1. Administer contract from bid award through contract closeout. 2. Assemble construction contract documents for signature by Owner and construction contractor. 3. Coordinate communications between Contractor and Owner in issues pertaining to contract activities and compliance. 4. Process payment requests and track Contractor progress and schedule compliance. • 5. Process contract change orders. Page 2 0 IV. Construction Related Engineering Services 1. Perform review of shop drawings and other submittals required of contract documents. 2. Respond to Contractor clarification requests. 3. Prepare construction modification initiation requests to be incorporated into contract change orders. 4. Perform four 8 -hour designer site visits to observe specific work activities or installations and test the completed system. The scheduling of the trips will be dictated by the Contractor's schedule, but are intended to take place near the 50% and 95% completion stages of the project construction, for each of two potential project implementation phases. B. PROJECT TIMING Donohue shall be authorized to commence the Services set forth herein upon execution of this Task Order and will submit the 95% design documents to the Owner within 90 days of authorization. C. COMPENSATION The cost for these basic Services will not exceed $40,900 without written approval from Owner. APPROVED FOR OWNER • By. Printed Name: Title: Date: APPROVED FOR DONOH/UE By: L�- rr_J S-'1Lxst ... Printed Name: Edward S. Nevers, P.E. Title: Vice - President Date: U L 1 r a �� L Page 3 C °f PUBLIC WORKS 0ROUP • Engineering, Streets & Alleys, Water/Wastewater NI 1'_. " V' R. A N RJ V M_ TO: Mayor and City Council FROM: John Rodeberg, Public Works Director Randy DeVries, Water/Wastewater Director RE: Consideration of Phosphorus Grant Application Resolution DATE: July 20, 2006 The Minnesota Pollution Control Agency (MPCA) has just issued their Phosphorus Grant Application and set a deadline of July 31, 2006 for completion and submittal. As part of the Application they want a City Council Resolution passed authorizing the filing of the application. The draft resolution is attached. Jim Hagley of Donohue & Associates and our special project • (funding) consultant Don Roecker will complete the resolution and needed application information in coordination with City staff by Tuesday. This grant could potentially fund up to $500,000 of the cost of the proposed Wastewater Treatment Facility membrane treatment improvements proposed for next year. We recommend approval of the resolution and related application. n U ,o&f) Minnesota Public Facilities Authority • Example Phosphorus Reduction Grant Application Resolution RESOLUTION NO. RESOLUTION AUTHORIZING THE (applicant) TO SUBMIT A PHOSPHORUS REDUCTION GRANT APPLICATION TO THE MINNESOTA PUBLIC FACILTI'IES AUTHORITY (PFA) AND TO AUTHORIZE CITY OFFICIALS TO EXECUTE A GRANT AGREEMENT ON BEHALF OF THE (applicant) FOR THE (name ofiect) WHEREAS, under the provisions contained in Minnesota Laws 2006, Chapter 251, Section 14, the 2006 Legislature created the Clean Water Legacy Phosphorus Reduction Grant Program and appropriated funds; BE IT RESOLVED that the (name of a 1pp icant) has the legal authority to apply for the grant, and the financial, technical, and managerial capacity to ensure proper construction, operation and maintenance of the project for its design life. BE IT FURTHER RESOLVED, that upon approval of its application by the PFA, (applicant) may enter into an agreement with the PFA for the above referenced project, and that (annlicantl certifies that it will comply with all applicable laws and regulations as stated in all contract agreements described in the Compliance listing of the grant application. NOW, THEREFORE BE IT FURTHER RESOLVED, that (title of first authorized official) and (title of second authorized official), or their successors in office, are hereby authorized to • execute such agreements, and amendments thereto, as are necessary to implement the Phosphorus Reduction project on behalf of the ( annlicant) I CERTIFY THAT the above resolution was adopted by the (Governing Body) on (month, day, year). SIGNED: WITNESSED: Date: TME)UPhosphorus Application June 2006 Date: SEAL Page 11 )0(-f ) Minnesota Public Facilities Authority • Example TMDL Grant Application Resolution RESOLUTION NO. RESOLUTION AUTHORIZING THE (applicant) TO SUBMIT A TOTAL DAILY MAXIMUM LOAN (TMDL) GRANT APPLICATION TO THE MINNESOTA PUBLIC FACILITIES AUTHORITY (PFA) AND TO AUTHORIZE CITY OFFICIALS TO EXECUTE A GRANT AGREEMENT ON BEHALF OF THE (applicant) FOR THE (name of oroiect) WHEREAS, under the provisions contained in Minnesota Statutes 446A.073 (2005, and amended by MN Laws 2006, Chapter 251, Section 21, Subdivision 9) the TMDL grant program was created and funds appropriated; and WHEREAS, a TMDL study has been approved by the U.S. Environmental Protection Agency and the Minnesota Pollution Control Agency has determined (name of proiect) is necessary to meet the wasteload reductions required by the TMDL, and BE IT RESOLVED that the (name of applicant) has the legal authority to apply for the grant, and the financial, technical, and managerial capacity to ensure proper construction, operation and maintenance of the project for its design life. BE IT FURTHER RESOLVED, that upon approval of its application by the PFA, (Whcant) may enter into an agreement with the PFA for the above referenced project, and that (applicant) • certifies that it will comply with all applicable laws and regulations as stated in all contract agreements described in the Compliance listing of the grant application. 0 NOW, THEREFORE BE IT FURTHER RESOLVED, that (title of first authorized official) and (title of second authorized official), or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the TMDL project on behalf of the (applicant) I CERTIFY THAT the above resolution was adopted by the (Governing Body) on (month, day, year). SIGNED: WITNESSED: Date: TMDUPhosphorus Application June 2006 Date: SEAL Page 12 IC) (f) 0 0 Minnesot,' b pwthority s . .;m blic Faci1���0 Total Maximum Daily Load (TMDL) Grant Program and Phosphorus Reduction Grant Program Application Forms June 2006 Minnesota Public Facilities Authority First National Bank Building, Suite E200 332 Minnesota Street Saint Paul, MN 55101 -1351 www.deed.state.mn.us/conirnunity/assistance/pfa.ht m 10 (01 MINNESOTA PUBLIC FACILITIES AUTHORITY TOTAL MAXIMUM DAILY LOAN (TMDL) GRANT PROGRAM . AND PHOSPHORUS REDUCTION GRANT PROGRAM General Information NOTE: The Minnesota Pollution Control Agency (MPCA) determines whether a project is eligible for TMDL or Phosphorus Reduction grant funds. See the MPCA website at www.pea. state. mn. us /water /wastewater.html#rinancial or contact Randy Thorson with the MPCA at 651- 296 -7150 to determine eligibility for these programs. TMDL Grant Program The TMDL grant program is established under Minn. Statutes 446A.073 (2005, and amended by MN Laws 2006, Chapter 251, Section 21, Subdivision 9). The Public Facilities Authority (PFA) will operate the TMDL grant program in cooperation with the MPCA. MPCA is responsible for technical matters, including determining eligible project costs under an approved TMDL Implementation Plan and approval of project plans and specifications. All TMDL projects must be certified by the MPCA to the PFA prior to grant award. Phosphorus Reduction Grant Prop ram The Phosphorus Reduction grant program is established under MN Laws 2006, Chapter 251, Section 14. The Public Facilities Authority will operate the Phosphorus Reduction grant program in • cooperation with the MPCA. MPCA is responsible for technical matters, including review and approval of the facilities plan, and approval of project plans and specifications. All Phosphorus Reduction projects must be cerified by MPCA to PFA prior to grant award. Basic Grant Requirements o Applicants for TMDL and/or Phosphorus Reduction grants must complete the attached application forms 1 -5 and provide the additional information listed on the program checklists on pages x and y. Information submitted in the application is incorporated as a part of the grant agreement once executed. o All projects must be certified to the PFA and grantees must document that total project funding is in place before the PFA can issue a grant agreement. o Grantees must follow the state Uniform Municipal Contracting Law and other applicable requirements (bidding, special requirements for out -of -state contractors, workers compensation, etc.) in the construction of the project. State prevailing wage rates apply to the project (available from the Minnesota Department of Labor and Industry, Labor Standards Division 651 /284 -5091 www.DOLI.state.mn.us). o Some requirements stay with the project after the funds are disbursed and the project is completed. A declaration identifying that the project is "bond financed property" must be filed at the County Recorder's Office before grant funds can be disbursed. A sample • declaration is provided with these application forms. Page 1 TMDUPhosphoms Application June 2006 • o The Phosphorus Reduction Grant Program requires grantees to pay an administrative fee not to exceed one -half of one percent of the grant amount, to be paid upon execution of the grant agreement. The fee is not a grant eligible expense. Note Regarding PFA State Revolving Fund Loans: Projects seeking PFA loans though the Water Pollution Control Revolving Fund (also known as the State Revolving Fund, or SRF) to supplement TMDL or Phosphorus Reduction grant funds must follow the SRF application process. This includes being ranked on the MPCA's Project Priority List and listed on the PFA's Intended Use Plan in fundable range. PFA loan application forms located on the MPFA web site must be completed Instructions to the PFA Application Forms are also on the site. This file may be saved to your computer and the forms (Forms 1 -5) filled out electronically. The forms can then be printed and signed (Form 5). Submit 2 copies of the completed application forms, supporting documents and resolution to: Minnesota Public Facilities Authority First National Bank Building, Suite E200 332 Minnesota Street Saint Paul, MN 55101 -1351 • Phone 651- 296 -3562 or 1 -800- 657 -3858 (Outside Metro Area) TTY/I`DD: 800- 366 -2906 FAX: 651- 296 -8833 APPLICATION DEADLINE FOR THE FIRST ROUND OF FUNDING IS JULY 31, 2006 AT 4:00 PM Page 2 TMDUPhosphorus Application June 2006 Form 1 MINNESOTA PUBLIC FACILITIES AUTHORITY TMDL Grant Program and Phosphorus Reduction Grant Program General Information 1. Applicant Name: City of Hutchinson, Minnesota Primary Contact Person: Gary Plotz County: McLeod Contact Person Title: City Administrator Phone: 230 - 234 -4612 Address: 111 Hassan Street SE Cit , Zi : Hutchinson, MN 55350 Fax: 320 - 2344240 Authorized Official: Gary Plotz E -mail: gplotz @ci.hutchinson.mn.us Does the applicant have an official seal? Yes ❑ No ® Title: City Administrator 2. Consultants and Advisors Consulting Engineer Name: James Hagley, P.E. Phone: 920 - 208 -0296 Engineering Firm: Donohue & Associates, Inc. Fax: 920 - 208-0402 Address: 3311 Weeden Creek Road City, State, Zip: Sheboygan, WI 53081 E -mail: jhagley @donohue- associates.com Other Consultant: Donald F. Roecker, Funding Consultant Phone: 920 - 893 -8877 Firm: Own Fax: 920- 893 -8878 Address: N6471 Oak Nob City, State, Zip: Plymouth, WI 53073 E -mail: roecker @dotnet.com 3. MPCA Engineer. Dave Kortan Phone: 651- 296 -6010 4. Will a Public Utilities Commission be responsible for operation yes ❑ No M & maintenance of the project? If yes, provide information below: PUC Contact Person: Phone: Contact Person Title: Fax: Address: City, Zip: E -mail' 5. Is there a contract/agreement with another entity to operate or manage the sewer system (i.e. private operator agreement)? Yes ❑ No 6. Proposed Sources of Project Financing (beyond the TMDL or Phosphorus Reduction Grant) Source Amount Requested Contact Person/Phone Status WPCRF - As listed on the Draft 2007 IUP $13,000,000.00 Gary Plotz - see above pending Direct Congressional A ro riations $2,000,000 Donald F. Roecker -see above pending Page 3 TMDUPhosphorus Application June 2006 • • • • • 0 Form 2 MINNESOTA PUBLIC FACILITIES AUTHORITY TMDL Grant Program and Phosphorus Reduction Grant Program Project Information (attach additional sheets if necessary) Brief Description of project to be financed: Alum storage tanks, alum feed pumps and associated piping, structure, electrical system and controls. Project timeframe. Provide estimated or actual dates for: Facility Plan Approval (Phosphors Grants only):June 15, 2006 Submission of Plan and Specification to PCA:June 30, 2006 Advertising for Bids:October 2006 Open bids:December 2006 Award bids:January 2007 Start Constrction:Febrary 2007 End Construction: September 2008 Specify the sources of revenue that will be used to pay the facility operation and maintenance costs. Discuss current sewer rates and any recent or planned rate increases. Include copy of current sewer rate ordinance. All of the facility operation and maintenance costs will be covered by the sewer service charge system. The current rates are $3.52/1000 gallons. The estimated sewer rates for when the new treatment facilities go into operation is $5.22/1000 gallons. Discuss the last three year's financial statements of revenues, expenses and changes in retained earnings for the sewer enterprise fund. Explain any situations that have caused the water /sewer fund to operate at a loss and what steps the borrower has taken to address the loss. Donohue & Associates, Inc. updated the sewer service charge system rate schedule for the City in 2005 to establish sewer rates for the years 2006 through 2008 to recover sufficient revenues to cover all expenses. Identify any private activity considerations/concems with the project (such as a contract with a private entity for operation of the facility, or large commercial or industrial users charged under a different rate structure.) Large industrial users that discharge high strength waste are also surcharged for the cost of treating high strength waste at the wastewater treatment plant. TMDLPhosphoms Application June 2006 Page 4 Form 3 MINNESOTA PUBLIC FACILYrIES AUTHORITY TMDL Grant Program and Phosphorus Reduction Grant Program Wastewater System Costs Estimated When Project Begins 1. Sewers stem Costs: Existing System Operation ,._ -.:W _z- ,,,,__,:_....:x.: A. Annual system costs for operation and maintenance (do not include 3 r non -cash depreciation) $1,780,900.00 $1,879,600.00 B. Annual debt service costs for the system. f system has existing debt, attach information detailed = in the Application checklist.) $1,132,000.00 $1,898,600.00 C. Total annual system costs (line A =_ + line B) $2,912,900.00 $3,778,200.00 D. Percentage of system costs g Y - attributed to residential users 74% 74% E. Residential share of total annual '�'.. "� � system costs (line C x percentage in line D) $2,155,500.00 $2,795,900.00 Estimated When Project Begins Estimated in 20 2. Number of Connections Existing Operation Years A. Residential Households 4,811 4,811 7,615 B. Seasonal Connections 0 0 0 C. Total Residential Connections (line A + line B) 4,811 4,811 7,615 D. Non - residential connections 3 3 3 E. Total connections (line C + line D) 4,814 4,814 7,618 Estimated When ins Pro ect Begins j i 3. Costs per Household Existing Operation A. Average annual cost per HH (line - I divided by line 2C) $448.00 $581.00 B. Average monthly cost per household (line 3A divided by 12 ) $37.34 $48.43 Page 5 TMDUPhosphorus Application June 2006 • • Instruction for Wastewater System Costs Form 3 • Note: Information on this form should he based on the actual system costs, not the rates charged for the wastewater system. Section 1 Sewer System Costs: Provide information for the existing system and estimated costs for the system when it is completed and begins operation for letters "A" through "E". A. Show annual operation/maintenance costs, including equipment replacement. Do not include non -cash depreciation. If the municipality is using existing revenues to actually fund a depreciation or long -term capital replacement fund, include those costs and attach a breakdown of the operation/maintenance and cash depreciation costs. B. Show annual debt service costs. If the system has existing debt, attach information detailed in the Application Checklist. C. Total of A +B. D. Show the percentage of system costs attributed to residential users. - If your system is based on a calculation of Equivalent Residential Connections (ERCs) or Equivalent Residential Units (ERUs) where one household equals one ERC/ERU, the residential percentage would be equal to the residential ERCs (households) divided by the total ERCs. E. Calculate residential share of annual system costs by multiplying the number in line C by the percentage in line D. • Section 2 Number of Connections: Provide the number of connections by category ( "A" through "D ") and total connections for: 1) existing users; 2) the estimated number of connections when the project begins operation; and 3) the estimated number of connections in 20 years. • Note: The number of households should include both single and multiple - units, provided each unit is billed individually for sewer. For example, an eight -unit apartment building where each unit receives a separate sewer bill should be counted as eight households. Multi -unit buildings where each unit is not billed separately should be counted as non - residential. Section 3 Costs Per Household: Calculate the average annual and monthly cost per household (divide line lE by line 2C) for existing users and for the estimated users when project begins operation. Page 6 TMDUPhosphorus Application June 2006 Form 4 MINNESOTA PUBLIC FACILITIES AUTHORITY TMDL Grant Program and Phos horns Reduction Project Budget Form 1. Non - Construction Costs Start Date End Date TMDL Grant Costs* Phosphorus Reduction Grant Costs* Other ($): SRF Total Cost Engineering Design Aril 2006 October 2006 17,000 414,000 431,000 Other Engineering/Inspection November 2006 September 2008 34,000 835,000 869,000 Land Non - Construction Subtotal 51,000 1,249,000 1,300,000 2. Construction Costs February 2007 September 2008 440,000 10,703,000 11,143,000 Contingencies (limited to 5% of const.) 22,000 535,000 557,000 Construction Subtotal 462,000 11,238,000 11,700,000 Total 513,000 12,487,000 13,000,000 Notes: * Attach additional documentation/breakdown of grant eligible costs, if necessary. TMDUPhosphorus Application June 2006 • • Page 7 • Form 5 MINNESOTA PUBLIC FACILITIES AUTHORITY • TMDL Grant Program and Phosphorus Reduction Grant Program Compliance with Laws, Rules and Regulations TMDL and Phosphorus Reduction grant projects must have a public purpose and be publicly owned, and the expenditures paid by grant funds must constitute qualified capital costs. In addition, a grantee is required to comply with certain state laws, rules and regulations and to ensure that their contractor(s) also comply with these regulations, laws and rules. This form lists and describes the various compliances that apply and will be invoked as a condition of the grant in the grant agreement to be executed by the PFA and the Grantee and in the Declaration that is filed in the County Recorder's office on the real property improved with the grant funds. Minnesota Statutes 16A.695 and the Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property, dated July 20, 1995. Requires the Commissioner of Finance to review and approve any use agreements and governs sale of state bond fmance property. 2. Minnesota Statutes 1613.31, subdivision 2 requires that all project funding be in place prior to execution of grant agreement. 3. Minnesota Statute 181.59 discrimination on account of race, creed, or color prohibited in contracts. Minnesota Statute 363A.08 prohibits unfair discrimination practices related to employment or unfair employment practices. 4. Minnesota Statute 471.345 Uniform Municipal Contracting Law. 5. Minn. Statutes 1990, Chapter 363 Minnesota Human Rights Act. Requires that all public spaces and programs be designed and constructed to be accessible to the physically handicapped. 6. Minnesota Statutes sections 176.181 - 176.182. Requires recipients and subcontractors to have worker's compensation insurance coverage. The prevailing wage rate law M.S. 177.41- 177.43. Requires that contractors pay laborers and mechanics prevailing wages established by the Minnesota Department of Labor and Industry for public works projects. 8. Minnesota Statutes 290.9705. Requires that 8 percent of each payment paid to out -of -state contractors for work done in Minnesota must be withheld on any contracts that exceeds or could reasonably be expected to exceed $100,000, unless the requirement is waived. The City of Hutchinson certifies that it has or will comply with the above requirements. (Name of Grantee) 0 (Signature of Authorized Official) Date Page 8 TMDUPhosphorus Application June 2006 MINNESOTA PUBLIC FACILITIES AUTHORITY PHOSPHORUS REDUCTION GRANT CHECKLIST • A complete Phosphorus Reduction grant application must contain the following: Grant Application Forms For new projects *: cost estimate for the specific work and related engineering necessary to comply with the phosphorus limits. For reimbursement projects * *: final construction costs and related engineering necessary to comply with the phosphorus limits. For new projects* only - a schedule identifying construction beginning by 6/30/07. NOTE: under the statutory language priority will be given to new projects* provided they submit a Facilities Plan and receive MPCA certification by May 1, 2007. For reimbursement projects only — a copy of the MPCA facility plan approval letter. Resolution of governing body of the municipality authorizing submission of the application (example attached) Prior to grant award for new projects* the following items must be submitted to MPCA for approval: Facility Plan Project plans and specifications Prior to grant award, the following items must be submitted to PFA for approval: • Documentation that complete project funding is in place As -bid costs, bid tabulations Copy of the MPCA approval of project plans & specifications (reimbursement projects) MPCA project certification (provided by MPCA) Documentation of grantee's ownership of property, including legal description Copy of adopted/enacted sewer service charge system and ordinance Inter- municipal Agreement (enacted) if more than one municipality involved in project Use/Management Contract: If the borrower has engaged a private contract operator to manage its wastewater system it must submit a copy of the management contract. All use contracts are required to be approved by the Department of Finance. Identification, documentation and establishment of source(s) of revenue sufficient for ongoing operation and maintenance of the wastewater system. Documentation may include governing body resolutions and minutes establishing the revenue source. Prior to execution of the grant agreement, the following must be submitted to PFA: In Payment of administrative fee (one -half of one percent of the grant amount) Prior to grant disbursements the following items must be submitted to PFA: Executed Declaration Form Disbursement Request Form and supporting documentation for eligible expenses. *New projects are projects that start construction after July 1, 2006. • * *Reimbursement projects are those that start construction before July 1, 2006. Page 9 TMDLPhosphorus Application June 2006 MINNESOTA PUBLIC FACILITIES AUTHORITY • TMDL GRANT CHECKLIST A complete TMDL grant application must contain the following: Grant Application Forms Project schedule indicating that construction will begin prior to June 30, 2007 Cost estimate for the specific work necessary to comply with the point source wasteload allocation required under the TMDL on a form provided by the PFA. Resolution of governing body of the municipality authorizing submission of the application (example attached) Prior to grant award, the following items must be submitted to MPCA for approval: IM Project plans and specifications (submit for review and approval to MPCA) Prior to grant award, the following items must be submitted to PFA for approval: Documentation that complete project funding is in place As -bid costs, bid tabulations MPCA project certification (provided by MPCA) Documentation of grantee's ownership of property, including legal description Copy of adopted/enacted sewer service charge system and ordinance • Inter- municipal Agreement (enacted) if more than one municipality involved in project Use/Management Contract: If the borrower has engaged a private contract operator to manage its wastewater system it must submit a copy of the management contract. All use contracts are required to be approved by the Department of Finance. Identification, documentation and establishment of source(s) of revenue sufficient for ongoing operation and maintenance of the wastewater system. Documentation may include governing body resolutions and minutes establishing the revenue source. • Prior to grant disbursement the following items must be submitted to PFA: Executed Declaration Form Disbursement Request Form and supporting documentation for eligible expenses. Page 10 TMDLPhosphorus Application June 2006 Minnesota Public Facilities Authority Example Phosphorus Reduction Grant Application Resolution • RESOLUTION NO. RESOLUTION AUTHORIZING THE (applicant) TO SUBMIT A PHOSPHORUS REDUCTION GRANT APPLICATION TO THE MINNESOTA PUBLIC FACILITIES AUTHORITY (PFA) AND TO AUTHORIZE CITY OFFICIALS TO EXECUTE A GRANT AGREEMENT ON BEHALF OF THE (applicant) FOR THE (name of project) WHEREAS, under the provisions contained in Minnesota Laws 2006, Chapter 251, Section 14, the 2006 Legislature created the Clean Water Legacy Phosphorus Reduction Grant Program and appropriated funds; BE IT RESOLVED that the (name of applicant) has the legal authority to apply for the grant, and the financial, technical, and managerial capacity to ensure proper construction, operation and maintenance of the project for its design life. BE IT FURTHER RESOLVED, that upon approval of its application by the PFA, (applicant) may enter into an agreement with the PFA for the above referenced project, and that (applicant) certifies that it will comply with all applicable laws and regulations as stated in all contract agreements described in the Compliance listing of the grant application. NOW, THEREFORE BE IT FURTHER RESOLVED, that (title of first authorized official) and (title of second authorized official), or their successors in office, are hereby authorized to • execute such agreements, and amendments thereto, as are necessary to implement the Phosphorus Reduction project on behalf of the (applicant) I CERTIFY THAT the above resolution was adopted by the (Governing Body) on (month, day, year). SIGNED: WITNESSED: Date: TMDUPhosphorus Application June 2006 Date: SEAL Page 11 • Minnesota Public Facilities Authority • Example TMDL Grant Application Resolution RESOLUTION NO. RESOLUTION AUTHORIZING THE (applicant) TO SUBMIT A TOTAL DAILY MAXIMUM LOAN (TMDL) GRANT APPLICATION TO THE MINNESOTA PUBLIC FACILITIES AUTHORITY (PFA) AND TO AUTHORIZE CITY OFFICIALS TO EXECUTE A GRANT AGREEMENT ON BEHALF OF THE (applicano FOR THE (name of project) WHEREAS, under the provisions contained in Minnesota Statutes 446A.073 (2005, and amended by MN Laws 2006, Chapter 251, Section 21, Subdivision 9) the TMDL grant program was created and funds appropriated; and WHEREAS, a TMDL study has been approved by the U.S. Environmental Protection Agency and the Minnesota Pollution Control Agency has determined (name of project) is necessary to meet the wasteload reductions required by the TMDL, and BE IT RESOLVED that the (name of applicant) has the legal authority to apply for the grant, and the financial, technical, and managerial capacity to ensure proper construction, operation and maintenance of the project for its design life. BE IT FURTHER RESOLVED, that upon approval of its application by the PFA, (applicant) may enter into an agreement with the PFA for the above referenced project, and that (applicant) • certifies that it will comply with all applicable laws and regulations as stated in all contract agreements described in the Compliance listing of the grant application. is NOW, THEREFORE BE IT FURTHER RESOLVED, that (title of first authorized official) and (title of second authorized official), or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the TMDL project on behalf of the (applicant) I CERTIFY THAT the above resolution was adopted by the (Governing Body) on (month, day, year). SIGNED: WITNESSED: Date: TMDLPhosphoms Application June 2006 Date: SEAL Page 12 CITY OF HUTCHINSON MEMO Finance Department July 20, 2006 TO: MAYOR 6 CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: 2007 BUDGET Preparation of 2007 City Budgets are in progress and will be ready for City Council review. In anticipation we would like to set a workshop with the council and also schedule an Aubust public hearing at a regular council meeting. Discussion by council members and staff would be to have the public hearing allowing public input before the truth in taxation hearing that is required by State Law. Request We would ask Council approval to set a special workshop meeting, suggesting Tuesday, August 15 as a date beginning at 3 p.m. We would be reviewing budget and also information that are being gathered by the focus groups and the appointed committee. A second request would be to set a public hearing as part of the regular meeting of Tuesday, August 22 at 6 p.m. for public input for the 2007 budget. H: \DOC \City council memo l.doc 11 ic(5) RESOLUTION NO. 13003 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO. 5 PROJECT NO. 06 -05 WHEREAS, it is proposed to improve: Street/Sidewalk/Trail Maintenance — maintenance of existing street, sidewalk and trail infrastructure by crack filling, patching, sealcoating, pavement reclamation /milling, resurfacing, concrete repairs and appurtenances. WHEREAS, it is proposed to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 25th day of July 2006. r� U City Administrator: Gary D. Plotz r 1 LJ Mayor: Steven W. �v tG-) • 40 HUTCHINSON PUBLIC WORKS/ENGINEERING DEPARTMENT Hutchinson City Center /III Hassan St SFJHutchinson MN 55350- 2522/320- 234- 4209/117AX 320 - 2344240 ENGINEERING REPORT & FEASIBILITY STUDY TO: Mayor and City Council FROM: John Rodeberg, Director of Public Works Kent Exner, City Engineer DATE: July 24, 2006 SUBJECT: Letting No. 51Project No. 06 -05 (Streef/Sidewalkrrrail Maintenance) I have studied the following proposed improvements and find that the proposed project is feasible and recommend it be constructed: 1-5 /P06 -05 Street/Sidewalk/frail Maintenance — maintenance of existing street, sidewalk and trail infrastructure by crack filling, patching, sealcoating, pavement reclamation /milling, resurfacing, concrete repairs and appurtenances. ESTIMATED COST TOTAL Construction Cost $80000.0 Engineering $12,000.00 Administration $4,800.00 Fiscal/Legal/interest $2,400.0 ESTIMATED TOTAL $99,200.00 ESTIMATED FUNDING TOTAL Assessable Cost $0.00 C - Bonded $99,200.00 C -Water Funds $0.00 C - Sewer Funds $0.00 MSA $0.00 MN/DOT $0.00 ESTIMATED TOTAL $99,200.00 RESOLUTION NO. 13004 • RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT LETTING NO. 5 PROJECT NO. 06 -05 WHEREAS, pursuant to a resolution of the Council adopted April 11th, 2006, the City Engineer has reviewed the report completed by SEH Consulting, dated August 3, 2005 in reference to the following improvements: StreettSidewalk/Trail Maintenance — maintenance of existing street, sidewalk and trail infrastructure by crack filling, patching, sealcoating, pavement reclamation /milling, resurfacing, concrete repairs and appurtenances, and said report was received by the Council on July 25th, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $99,200.00. 2. A public hearing shall be held on such proposed improvements on the 8th day of August, 2006, in the Council Chambers of the Hutchinson City Center at 6:00 P.M., and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. • Adopted by the Hutchinson City Council this 25th day of Julyl 2006. City Administrator: Gary D. Plotz Mayor: Steven W. Cook T.A.P. Enterprises, Inc.� Z)140 ft %.(��TM 343 N. Main Street * Fremont, Nebraska 68025 Toll Free: (800) 989.3295 * Local: (402) 721 -2901 * Fa)c (402) 721.2950 July 17, 2006 Attn: Melissa Starke City of Hutchinson 111 Hassan St. S.W. Hutchinson, MN 55350 Dear Melissa, Per our conversation, please find enclosed a check for the license we need to hold a Tool & General Merchandise Sale in your community, in the amount of $100.00. The Tool & General Merchandise Sale will be held at The Rec Center on 18 Friday, August 4, 2006 and will be from 11:00 a.m. until 7:00 p.m. I appreciate all your help in this matter. If you have any questions or need to reach me concerning this sale, please feel free to contact me at the number referenced above, Monday thru Thursday between the hours of 7:30 a.m. to 4:45 p.m. and on Friday, 7:30 a.m. to 1:30 p.m. CST. Sincerely, Ellen Snell Licensing Department Encl. 0 �) Ca�D- • LJ 111 Hesse streel Southeast Hutchinson, MN 55350 (320)587- 5151/Fw,:(320) 234 -4240 City of Hutchinson APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS Solicitor $100.00 Date of Application -N4 Transient Merchant $100.00 ,,11 II O Peddler $100.00 Date(s) of Sale " `\ ❑Parade Peddler $25.00 g 2" X 2 Picture Required Name: � t% \ V--\� Height: C:�,'\(--) Weight rL24(:3_ Eye olor: E�\ 1y�,�.___ Driver's License Number State: Permanent Address: city - ware Zip Permanent Permanent Telephone: Temporary Address: "aVVlv�n,-%`(� city State Zip Temporary Telephone Access: Have you been convicted of ny crime, misdemeanor, or violation of any municipal ordinance, other than traffic violations? 13 yes If yes, state the nature of offense and punishment or penalty assessed therefore: I 11 ���a- Jul 17 2006 1:16PM CITY OF HUTCHINSON 3202344240 p.4 City of Hutchouon Application for Peddten. Sohcltors, and rrmmew Marchm is Page 3 of • List last (up to three (3)) previous cityr(ies) where you carried on same activity: ` G �� lC lL eS VNNI Zcz to ity State Datc(s) of Activity li Ctry State Date(s) of Activity to � (74V (74V � Stale D W4s) of Activity '7..1 d The following items need to be completed and/or attached in order for the application to be prpce d: Application'Investigatioo fee paid in full - (check or money order): ❑ yes ❑ no Application completed in full and signed: ❑ yes ❑ no 1 hereby certify I have completely filled out the entire above application and that the application is true, correct, and accurate. 1 fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding S000.00 or b}' imprisorunent for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. 1� Police ❑ approved — ❑ denied Notes: City Council ❑ approved ❑ denied Notes: li iUmmWA,,Ik tiom cddler, SoWw. lYwianl.duc f Date I1 [a-� �-- Jul 17 2006 1:16PM CITY OF HUTCHINSON 3202344240 p • • • City ofHulchinson AppficaHon for Peddler+, Soficitors, and Tra hr t Meraharas Page 1 qf! Provide two (2) property owners (preferably in McLeod County) for character references: Properry Owner Nome Prep" Owner Pharr Number Property Owner Address City Stab Zip Property Ov rName - Property Owner Pha Number 11 Ca) a- f Location Name Locatio dress City Stare Zr Describe relationship between applicant and employer: Describe nature of business and describe item(s) offered: Describe method of delivery: ` Describe source of supply, Supplier Nacre - Suppkr Phone Number Skpplter Address City SIa1a Zip Supplier Name Suppler Phone Number Supplier Addrw Ctry 51ate Zip Stgipliu Name Suppler Phone Number Suppher Address Ci Srale Z. Provide two (2) property owners (preferably in McLeod County) for character references: Properry Owner Nome Prep" Owner Pharr Number Property Owner Address City Stab Zip Property Ov rName - Property Owner Pha Number 11 Ca) a- �_ OJ, • • • R55APPYR CITY OF HUTCHINSON By Check Number AP Payment Register with Voids Check Date 07/19/2006 - Ck Date Type Check # Vendor Name - Amount 07/19/2006 PK 137319 ` 119212 BLOCK FARMS & TRUCKING 2,542.72 07/19/2006 PK 137320 122919 BRYAN STREICH TRUCKING 3,784.95 07/19/2006 PK 137321 102227 COLLINS BROTHERS 268.92 07/19/2006 PK 137322 102530 HUTCHINSON CO -OP 7,379.28 07/19/2006 PK 137323 102038 HUTCHINSON, CITY OF 202,839.30 07/19/2006 PK 137324 115855 JEFF MEEHAN SALES INC. 30,280.74 07/19/2006 PK 137325 102573 MCLEOD COOP POWER 4,120.93 07/19/2006 PK 137326 102425 MIDWEST WIRELESS COMM. 2,556.80 07/19/2006 PK 137327 102649 MPCA 400.00 07/19/2006 PK 137328 102205 R.J.L. TRANSFER 994.60 07/19/2006 PK 137329 121176 REINER ENTERPRISES, INC 849.64 07/19/2006 PK 1373301 122996 STORE SUPPLY WAREHOUSE 67.91 07/19/2006 PK 1 1373311 122922 STREICH TRUCKING 4,977.74 261,063.53 Account Nu # 261,063.53 Void Amou Payment T, Check Payi Check Payi Check Pay Check Pay Check Pay Check Pay Check Pay Check Pay Check Pay Check Pay Check Pay Check Pay Check Pay 261063.5 261063.5 0 0 r ELECTRONIC FUNDS TRANSFERS • 7 -25 -06 WATER/SEWER MN DEPT OF REVENUE -USE TAX $10,385.00 GENERAL MN DEPT OF REVENUE -SALES TAX $ 2,263.00 H.A.T.S DEPT OF REVENUE -FUEL TAX $1665.60 LIQUOR MN DEPT OF REVENUE- JUNE TX $ already paid in June • • MEMO 07/24/06 •TO: CITY STAFF S BANK OFFICIALS FROM: KEN MERRILL . FINANCE DIRECTOR SUBJECT: AUGUST WIRE TRANSFER The following funds need to be wired - interest payments 08/01/05 Chase NYC ABA # 021 -000 -021 to credit the account of Cede & Co. c/o THE DEPOSITORY TRUST COMPANY for Dividend Deposit Account # 066- 026776 OBI FIELD - PA 50317950 1998A G. O Taxable Medical Facilities Refunding 1995B General Obligation HATS 120048 General Obligation COMPOST 1996 Improvement Bonds 1997 Improvement Bonds 1998 Improvement Bonds 1999 Improvement Bonds 2000 Improvement Bonds 2000 G O Wastewater Bonds 2001 Improvement Bonds 2002A Improvement Bonds 2002 B G O Sewer Bonds . 2002 C Refunding Improvement Bonds 2003C Improvement Bonds 2004A Improvement Bonds 2005A Improvement Bonds 2004C Tax Increment Bonds 2002D GO Mad Fac Revenue Bonds 2003A GO Mad Fac Revenue Bonds 2005B water sewer bonds sewer 2005B water sewer bonds water 38, 705.00 17,653.75 2,416.25 3,185.00 12, 741.25 7,381.25 69,118.75 31,007.50 52, 681.25 34,542.50 26,151.25 9,851.25 5,312.50 18,581.25 61,662.52 51,712.50 9,250.00 151,356.25 32,912.50 73,466.25 7,231.13 716,919.90 The following funds need to be wired - PRINCIPAL payments Chase NYC ABA # 021 -000 -021 to credit the account of Cede & Co. c/o THE DEPOSITORY TRUST COMPANY for Redemption Deposit Account # 066 -027 -306 OBI FIELD - PA 50317950 1998A G. O Taxable Medical Facilities Refunding 170,000.00 170,000.00 (FAX of bond document must bi Firststar will pay and should bill to city issue principal 1998 taxable Med Fac 0.00 1998B Tax Med Fac Refund 0.00 • Hospital TOTAL made at same time for print interest 97,448.75 52,555.00 TOTAL to First TOTAL Wire DTC ;ipal payment) total 97,448.75 updated 2006 52,555.00 updated 2006 150,003.75 367,292.38 $517,296.13 PAYROLL DATE: July 21, 2006 Period Ending Date: July 15, 2006 FOR COUNCIL LIST ONLY - ELECTRONIC TRANSFER TO STATE AND IRS • DO NOT ISSUE CHECKS FOR THIS PAGE AMOUNT ACCT# NAME DESCRIPTION $24,657.58 9995.2034 WITH, TAX Employee Contribution - Federal Tax ACCOUNT $14,127.06 9995.2240 Employee Contribution - Soc. Security $3,954.07 9995.2242 Employee Contribution - Medicare $42,738.71 Sub -Total - Employee Contribution $14,127.06 9995.2240 Employer Contribution - Social Security $3,954.07 9995.2242 Employer Contribution - Medicare Per Journal Entries Difference Fica $ 28,254.12 $18,081.13 Sub -Total - Employer Contribution Medicare $ 7,908.14 Withholding $ 24,657.58 $60,819.84 Grand Total -Withholding Tax Account Total $ 60,819.84 $0.00 $11,142.18 9995.2035 MN DEPT OF REVENUE State Tax $11,142.18 $0.00 • $13,797.79 9995.2241 PERA Employee Contribution - Pension Plan $16,536.82 9995.2241 Employer Contribution - Pension Plan $30,334.61 Sub -Total - PERA $15.86 9995.2243 PERA -DCP Employee Contribution - Pension Plan $15.86 9995.2241 Employer Contribution - Pension Plan Pere $ 30,350.47 $31.72 Sub - Total - DCP DCP $ 15.86 $30,366.33 GRAND TOTAL - PERA Total $ 30,366.33 $0.00 Finance Director Approval U • • CITY OF HUTCHINSON "R55APPYRV AP Pa ment Re ister with Voids Check Dat 07/25/2006 T Check # Vendor Name Amount 07/25/2006'PK 137332 " 101919 AMERICAN FAMILY INS CO. 166.55 07/25/2006 PK 137333 101872 H.R.L.A.P.R. 313.25 07/25/2006 PK 137334 102633 HUTCHINSON, CITY OF 8,384.32 07/25/2006 PK 137335 102635 HUTCHINSON, CITY OF 756.00 07125/2006 PK 137336 101873 ICMA RETIREMENT TRUST 4,101.53 07/2512006 PK 137337! 101876 ING LIFE 8i ANN CO. 1,240.00 07/2512006 PK 137338 102449 MINNESOTA CHILD SUPPORT PAYMEN 401.01 07/25/2006 PK 137339 101875 ORCHARD TRUST COMPANY, LLC 300.00 07/25/2006!PK 137340 102096 PRUDENTIAL MUTUAL FUNDS 30.00 07/25/2006 PK 137341 110847 1ST LINE/LEEWES VENTURES 974.75 07/25/2006 PK 137342 102759 AARP 230.00 07/25/2006 PK 137343 102126 ACE HARDWARE 92.72 07/25/2006 PK 137344 123227 ADDCO, INC. 147.53 07125/2006 PK 137345 114013 ALEX AIR APPARATUS INC 649.66 07/25/2006 PK 137346 121016 AMEM 125.00 07/25/2006 PK 137347 122873 AMERICAN SOLUTIONS FOR BUSINES 759.19 07/25/2006 PK 137348 105204,ARCTIC GLACIER PREMIUM ICE INC 1,329.65 07/25/2006 PK ! 137349 102260 ASHBROOK SIMON HARTLEY OPERATI 2,033.63 07/2512006 PK 137350, 102480 B. W. WELDING 1,917.01 07/25/2006 PK 137351 102207 BACHMAN'S 63.48 07/25/2006 PK 137352 101925 BECKER ARENA PRODUCTS 760.94 07/25/2006 PK 137353 102367 BELLBOY CORP 1,861.50 07125/2006 PK 137354 103157 BENGTSON, SHARRIE 60.00 07/25/2006 PK 137355 101916 BERNICK COMPANIES, THE 792.90 07/25/2006 PK 137356 102837 BIOCYCLE 69.00 07/25/2006 PK 137357 119212 BLOCK FARMS & TRUCKING 1,354.45 07/25/2006 PK 137358 102729 BOLTON & MENK INC. 1,844.50 07125/2006 PK 137359 102148 BONESTROO ROSENE ANDERLIK & AS 1,573.00 07/25/2006 PK 137360 103665 BP 169.00 07/25/1006 PK 137361, 101987 BRANDON TIRE CO 298.47 07/25/2006 PK 1373621 103349 BRANDT GARMET LETTERING 308.69 07/25/2006 PK 137363 102752 BRAUN INTERTEC CORP 7,972:50 07/25/2006 PK 137364 102856 BREEZY POINT RESORT 525.D0 07/25/2006 PK 137365 122919 BRYAN STREICH TRUCKING 4,551.97 07/1512006 PK 137366 1 121089 BUSHMAN, RAQUEL 355.00 07/25/2006 PK 137367 102136 BUSINESSWARE SOLUTIONS 681.07 07/25/2006 PK 137368 102456 C & L DISTRIBUTING 65,960.90 07/15/1006 PK 137369 112511 CARDIAC SCIENCE 5,138.07 07/25/2006 PK . 1373701 120432 CARLOS CREEK WINERY 648.00 07/25/2006 PK 137371 102117 CARQUEST AUTO PARTS 2.40 07/25/2006 PK 137372 102143 CENTRAL LANDSCAPE SUPPLY 60.07 07/25/2006 PK 137373 1022531 CENTRAL MCGOWAN 43.45 07/25/2006 PK 137374 104163 CHIEF SUPPLY CORP 30.46 07/25/2006 PK 137375 102741,COBORN'S INCORPORATED 20.80 07/2512006PK 137376 123226' COMMISSIONER OF FINANCE, TREAS 6.90 07/25/2006 PK 137377 117879 CORNWELL TOOLS 21.25 07/2512006 PK 137378 102484 CORPORATE EXPRESS 1,737.47 07/25/2006 PK 137379 118644 CROW RIVER LANDSCAPING 7,785.00 07/25/2006 PK 1373801 121037 CROW RIVER TITLE GUARANTY INC. 15,000.00 07/25/2006 PK 137381' 121037 CROW RIVER TITLE GUARANTY INC. 9,000.00 07/2512006 PK 137382 102121 CROW RIVER VET CLINIC 1,311.86 07/25/2006 PK 137383 110370 CROW WING COUNTY COURT ADMIN 500.00 07/25/2006 PK 137384 104884 CULLIGAN 32400 07/25/2006 PK 137385 1037911 CUMMINS NPOWER, LLC 220.83 07/25/2006 07/25/2006 PK 137386 HSBC BUSINESS SOLUTIONS 104377 CUSTOM PRODUCTS & SERVICES 103057 DARK, SCOTT 402.8_3 28.00 PK 137387 26.00 122063 PK 137_388 137389 137437. 137438! 102721 DASCHER, DUANE 40.00 6,300.00 _07/25/2006 07/25/20061W- 119458 DAVE'S PALLET SERVICE 07/25/2006 PK -1 137390 102488 DAY DISTRIBUTING 10 810.41 07/25/2006 PK _ 137391 104084 DONOH_UE &ASSOC 126_,028.13 07/25/2006 PK 137392 102450 DOSTAL ELECTRONIC'S CENTER 1 27.69 07/25/2006 PK 137 3 123222 DOUG CARLSON DEVELOPMENT 20,000.00 07/25/2006 PK 137394 1022751DPC INDUSTRIES INC 1,067.08 07/25/2006;1 PK 137395 1131811 DROP -N -GO SHIPPING, INC 6.45 07/25/2006'PK 137396, 102647 DYNA SYSTEMS 593.96 07/25/2006 PK 137397' 104415 EARTH TECH 63,000.00 07/25/2006 PK 1373981 121706 EATON ELECTRICAL INC 1.332.00 07/25/2006 PK 137399 102726 ECOLAB PEST ELIM 163.48 07/25/2006 PK -_ -- -- - - - - 07/25%2006ipK 121762 EDUCATION &ORGANIZATION D_EVEL 35.00_ 102356 ELECTRO WATCHMAN 137.41 1374001 1374011 - 07/25/2006 PK 137402 123214 ERICKSON, DENISE 48.00 07/25/2006 PK 1374031 104671 ESS BROTHERS &SONS 1,533.60 07/25/2006 PK 137404 121092 FIRE INSTRUCTION & RESCUE EDU_C_ _ 32000 07/25/20061 PK 137405, 121454 G -M ROAD MARKING, LLC _ 1,329.00 07/25/2006 PK 137406', 120284 GAVIN, OLSON & WINTERS, LTD 3,000.00 07125/2006 PK 137407' 103340 GEB ELECTRICAL INC 74.85 07125/2006 PK 137408! 07/25/2006 PK 13740 11k-99 GLEJOSHENTERPRISE 200.07 - - - - 113699�GOEBEL, JOSH __ 22.97 07/25/2006 PK 137410 TI 102087 GRAINGER PARTS OPERAONS 949.30 07125/2006 1 P 137411 105562 GG ANIT BRONZ 163.71 07/25/2006 PK 137412 123207 GRESETH, MELANIE 30.00 07/25/2006,PK 137413 101874 GRIGGS & COOPER & CO 24,615.29 07/25/2006,PK 137414 102529 HACH COMPANY 4,397.92 - - - 07/25/2006 PK 137415 102451 HANSEN DIST OF SLEEPY EYE 2,620.90 07/25/2006 PK 137_416 102089 HANSEN GRAVEL 715.86 07125/2006 PK 137417 ~ 101958 HANSEN & VASEK CONSTRUCTION 6,120.00 07/25/2006'PK 137418 109799 HARRIS COMPANIES 1,185.50 07/25/2006 PK 13_7419 123208 HEALY, SILVIA 32.00 07125/2006 PK 137420 104883 HENKE FLOOR CARE 3,500.00 07/25/2006 PK 137421 102_531 HENRYS FOODS INC 976.90 0712512006 PK 137422 102518 HILLYARD FLOOR CARE/HUTCHINSON 108.54 07/25/2006 PK 137423 1_02961 HRA 5,200.00 07/25/2006 PK 137424 121472 HRG TECHNOLOGY GROUP 400.00 07/2512 P060 K 137425 07/25/2006 PK 1 137426 07/25/2006 PK 137427! 07/25/2006 PK 1 1374281 07/25/2006 PK 137429 07/25/2006 PK 137430 PK PK 121947 122273 102319 HSBC BUSINESS SOLUTIONS 277.94 HSBC BUSINESS SOLUTIONS 43.64 HUTCHINSON AREA HEALTH CARE 26.00 122063 HUTCHINSON AREA HEALTH CARE 11,850.78 19,2M77 137437. 137438! 102530 102538 HUTCHINSON CO -OP HUTCHINSON MEDICAL CENTER 455.00 07/25/20061PK 137431 07/25/2006 1 PK 137432 07/25/2006 PK PK 137433 07/25/2006 137434 137435 PK _07125/2006 07/25/2006 PK 137436 07/25/2006 PK 137437. 137438! 07/25/2006 PK PK 07/25/2006 07/25/2006 137439' PK 137440 - - 07/25/2006 PK 137442 07/25/2006 PK 137443 102540 HUTCHINSON PLUMBING & HEATING 102541 HUTCHINSON TELEPHONE CO 102038 HUTC_HINSON, CITY OF 102038 HUTCHINSON, CITY OF 102072'HUTCHINSON, CITY OF 103099 HUTCHINSON, CITY OF 102779 INDEPENDENT SCHOOL DIST. #423 102551 'INSURANCE PLANNERS 1035201 INTERSTATE BATTERY SYSTEMS OF 123209 IOWA DEPT OF AGRICULTURE 102062 JACK'S UNIFORMS & EQUIPMENT 102208 JEFF'S ELECTRIC 102554 JERABEK MACHINE SERV • - 782.40 1,015-55 0.50 00,000.00 29,661.00 1,398.78 29,642.07 100.00 83.87 • 334.18 464.78 • • 07/25/2006 PK 137444 119782 JESCO INDUSTRIAL SUPPLIES, INC 322.00 07/25/2006 PK 137445 104564 JLR GARAGE DOOR SERVICE 121.21 07/25/2006 PK 137446 1019381 JOHNSON BROTHERS LIQUOR CO. 21,854.47 07/25/2006 PK 137447 1023461 JOHNSON, LEONARD G. 812.76 07/25/2006 PK 137448' -, 1025551JUUL CONTRACTING CO 766.51 07/25/2006 PK 137449'' 104416XOHLS SWEEPING SERVICE 294.00 07/25/2006 PK 137450 123210 KRUEGER, KERRY 40.00 07/25/2006,PK 137451 123215 KUTTNER, DOUG 200.00 07/25/2006 PK 137452 123216 L & G PRODUCTS 131.25 07/2512006 PK 137453 101976 LAKESIDE EQUIPMENT CORP 5,431.50 07/25/2006 PK 137454 113892 LANDSCAPE CONCEPTS, INC 38.00 07/25/2006 PK 137455 120903 LEXISNEXIS 110.00 07/25/2006 PK 137456 104499 LOCATORS & SUPPLIES 102.33 07/25/2006 PK 137457 101984 LOCHER BROTHERS INC 25,846.83 07/25/2006 PK 137458 102566 LTP ENTERPRISES 13,188.75 07/25/2006 PK 137459 120802 M. AMUNDSON LLP 319.93 07/2512006 PK 137460 102572 MANKATO MOBILE RADIO 35.00 07/25/2006 PK 137461 102781 MCDONALD SALES & SERVICE 183.07 07/25/2006 PK 137462 120497 MCKIMM, RENAE 30.00 07/25/2006 PK 137463 102573 MCLEOD COOP POWER 3,200.00 07/25/2006 PK 137464 102995 MCLEOD COUNTY ATTORNEY 13.80 07125/2006 PK 137465 102489 MCLEOD COUNTY COURT ADMINISTRA 440.00 07/25/2006 PK 137466 102489 MCLEOD COUNTY COURT ADMINISTRA 200.00 07/25/2006 PK 137467 102489 MCLEOD COUNTY COURT ADMINISTRA 182.00 07/25/2006 PK 137468 103046iMCLEOD COUNTY RECORDER 138.00 07125/2006 PK 137469 102574'MEEKER WASHED SAND & GRAVEL 564.90 07/25/2006 PK 137470 1 123024 MEHR, BRIAN 39.00 07/25/2006 PK 137471 112400 MENARDS - HUTCHINSON 247.46 07/25/2006 PK 137472 122894 METEORLOGIX 144.00 07/25/2006 PK 137473 123217 MICKMAN BROTHERS 178.16 07/2512006 PK 137474 102575 MINI BIFF 68.32 07/25/2006 PK 137475 103044 MINNESOTA BOARD OF AELSLAID 150.00 07/25/2006 PK 137476 102578 MINNESOTA CHIEFS OF POLICE 160.00 07/25/2006 PK 137477 102826 MINNESOTA DEPT OF AGRICULTURE 393.89 07/25/2006 PK 137478, 101947 MINNESOTA DEPT OF LABOR & INDU 10.00 07/25/2006 PK 1374791 120182 MINNESOTA DISTRIBUTING'& MFG 1,083.33 07/25/2006 PK 137480 102582 MINNESOTA ELEVATOR INC 106.70 07/25/2006 PK 137481 i 112359 MINNESOTA LAWYER 210.00 07/2512006 PK 1374821 103504 MINNESOTA RURAL WATER ASSC. 195.00 07/2512006 PK 1374831 105157 MINNESOTA SHREDDING 67.60 07/25/2006 PK 137484 102570 MINNESOTA SPORTS FEDERATION 785.00 07/25/2006 PK 102583' MINNESOTA VALLEY TESTING LAB 4,497.50 07/25/2006 PK 121867MN S. C.I.A. 160.00 07/25/2006 PK 102655 MODERN MAZDA 110.20 07/25/2006 PK P137485 102649 MPCA 400.00 07/25/2006 PK 102016 MURPHY GRANITE CARVING 100.00 07/25/2006 PK 104720 NACKERUD, NANCY 45.00 07/25/2006 PK 110363 NASH FINCH COMPANY 1,212.18 07/25/2006 PK 137492 102650 NCL 418.15 0712512006 PK 137493 118653 NORTHERN BALANCE & SCALE 557.00 07/2512006 PK 137494 103014 NORTHERN BUSINESS PRODUCTS 710.67 07/2512006 PK 1374951 , 102591 NORTHERN STATES SUPPLY INC 184.28 07/25/2006 PK 1374961 1193581OFFICE OF ENTERPRISE TECHNOLOG 214.74 07/25/2006 PK 137497/ 102592 OLSON'S LOCKSMITH 60.00 07/25/2006 PK 137498 102134 OUTDOOR MOTION 140.00 07/2512006 PK 137499 123218 PARK, KALONI 30.00 07/25/2006 PK 137500 101853 PHILLIPS WINE & SPIRITS 15,073.00 07/25/2006 PK 137501 102167 PITNEY BOWES 126.00 07/25/2006 PK 1375021 120791, PLANT &FLANGED PK 137503 102593 PLOTZ, GARY D. 137504 102445 POSTMASTER 1,939.73 15.23 07/25/2006 07/25/2006!PK 144.00 - 07/25/2006 PK 137505 102493 PREMIER TECH PACKAGING 07/25/20061 PK 137506 120474 PRIDE SOLUTIONS, INC 07/25/2006 PK 137507' 114391 PRO AUTO & TRANSMISSION REPAIR 0 712 5/2 0 0 6 PK 137508 102598 QUADE ELECTRIC -- 07/25/2006 PK 137509 102212 QUALITY FLOW SYSTEMS - 1,305.54 340.00 764.29 1 218.10 - 31 588.00 07/25/2006 07/25/2006 PK 137510 PK 137511' _ 102052 102604 QUALITY WINE & SPIRITS CO. R & R SPECIALTIES INC 13 241.51 76.73 07/25/2006 07/2512006 PK 137512 137513 102424 17 1216 RADIO SHACK REINER ENTERPRISES, INC 21.27 779.40 PK 07/25/20061 PK 137514 L 123223i RICHARD FRANK VENTURES 104149 RIVER VALLEY TRUCK CENTERS 121788 ROHLF ENTERPRISES 103049 ROTO ROOTER _121677 RUCKS CAMERON D 113720 RUFFRIDGE JOHNSON EQUIPMENT_ CO 20718.86 63.20 135.50 75.00 1,514.20 07/25/2006 PK 137515 07/25/2006 PK 07/25/2006 PK 137516 137517 137518 137519; 07/25/2006 07/25/2006 PK PK 132.61 60.29 07/25/2006 PK 137520 102225 RUNNING'S SUPPLY 67/25/2006 07/25/2006 PK 137521 PK 137522 PK 1375231 122933 RW FARMS, LLC 14,095.20 SALONEK CONCRETE & CONST_ 30,100.75 SARA LEE COFFEE & TEA 221.48 105114 102436 07/25/2006 07/25/2006 PK 137524 118876 SCHAUFLER, MARY 2,400.00 0712512606 PK 137525 102606 SCHMELING OIL CO 137526' 1098011 SCOTT'S WINDOW CLEANING SERVIC 137527 101892 SEH 23,843.16 63.90 07/25/20061 PK 07/25/2006 PK 2,210.32 07/25/2006 PK 137528 115821 iSEPPELT, _ MILES 250.00 07/25/2006 PK 137529 137530 102637 SEVEN WEST WASH & DRY 358.64 07/25/2006 PK 123228 SEXTON, DAN 508.42 07/25/2006 PIK 137531 102609 120410' SHOP_ 0 SPECIALTY WINES 285.90 07/25/2006 PK 137532 07/2512006 07/25/2006 07/25/2006 PK PK PK 137533 120514 SPRINT 274.86 j 137534 102242 SRF CONSULTING GROUP 1375_35 1 104517 ST. CLOUD OVERHEAD DOOR CO --- - - - 137536' 1231K'ST. LOUIS COUNTY SHERIFF'S DEP 137537 _102612 - STANDARD PRINTING - - - - -- 13753$ 122301 STATE OF MICHIGAN _ _ 137539 104534 STAYWELL 11,810.49 1,934.24 07/25/2006 PK - 45.00 1,168.03 - - -- 1.41 227.48 07/25/2006 PK 07/25/2006 PK 07/25/2006 PK 07/25/20061PK 07/25/2006 PK 137540 137541 123219 STEPHENS BOB 200.00 118862 STRATEGIC EQUIPMENT STREICH TRUCKING 129.69 07/25/2006 PK 137542 122922 4,082.74 07/25/2006 PK 137543 121020 07/25/2006 1 PK 137544 119159 TAPS -LYLE SCHROEDER 20.00 TOTAL FIRE PROTECTION 21.00 07/25/2006,PK 07/25/20061 PK 137545 137546 137547 123211 TRETTIN, JENNIFER 30.00 102619 102624 TWO WAY COMM INC 1,093.67 9.15 07/2512006 PK UNITED BUILDING CENTERS 07/2512006,PK 137548 123229 VACUUM GALLERY & PK 137549 102419 VALLEY SALES OF HUTCHINSON 1,937.50 46.20 0 712 5/2 0 06 0 712 512 0 0 6 07125120061 PK 137550 101974 VIKING BEER 7,964.70 PIK 137551 102132,VIKING COCA COLA 322.99 07/25/2006 PK 137552 121147 VSS- VERTECH SOLUTIONS & SERVIC 63.85 - - - 07/25/2006 PK 1 13755311 108598 WAL -MART 46.08 07/25/2006 PK 137554 105064 WASTE MANAGEMENT - SPRUCE RIDGE 12,567.73 07/25/2006 PK 137555 1021651WELCOME NEIGHBOR 60.00 866.77 07/25/2006 PK 137556 102639 WEST PUBLISHING PAYMENT CTR 07/25/2006iPK 137557' 102452 WINE MERCHANTS INC - 120807 WISCONSIN DEPT. OF AGRICULTURE 608.25 374.94_ 07/25/2006 PK 137558 07125/2006 PK 137559 105208 WOLD ARCHITECTS & ENGINEERS 10,632.90 LJ r1 LJ 0 n U 07/25/2006 PK 137560 102632 XEROX CORP 1,655.00 07125/2006 PK 137561 1026 ZIEGLER INC 3,612.87 07/25/2006 PK 137562 1234 0670 ZWILLING, TROY 38.32 990,622.62 Account Ni ### j 990,622.62