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cp08-26-2003 cAGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL . TUESDAY, AUGUST 26, 2003 — 1. CALL TO ORDER— 5:30 P.M. 2. INVOCATION — Rev. Todd Ertsgaard, Oak Heights Covenant Church 3. PLEDGE OF ALLEGIANCE. 4. MINUTES (a) REGULAR MEETING OF AUGUST 12, 2003 (b) BID OPENING MINUTES FROM AUGUST 12, 2003 Action - Motion to approve as presented 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. CITY OF HUTCHINSON FINANCIAL REPORT FOR JULY 2003 2, CITY OF HUTCHINSON INVESTMENT REPORT FOR JULY 2003 3. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR JULY 2003 4. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM JULY 15, 2003 5. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JULY 15. 2003 6, HUTCHINSON PLANNING COMMISSION MINUTES FROM JULY 15, 2003 7. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM JUNE 19, 2003 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12241 A RESOLUTION TO SELL AT AUCTION COMPUTER EQUIPMF..NT DECLARED UNUSEABLF. BY THE CITY 2. RESOLUTION NO. 12244 — RESOLUTION TEMPORARILY SUSPENDING PARKING RESTRICTIONS ON JEFFERSON STREET DURING ARTS & CRAFTS FESTNAL 3. RESOLUTION NO. 12246 — RESOLUTION FOR PURCHASE 4. RESOLUTION NO. 12252 — RESOLUTION AUTHORIZING CITY OF HUTCHINSON TO APPLY FOR MINNESOTA OFFICE OF ENVIRONMENTAL ASSISTANCE GRANT APPLICATION FOR COMPOST FACILITY (c) PLANNING COMMISSION ITEMS CITY COUNCIL AGENDA — AUGUST 26, 2003 1. CONSIDERATION OF ANNEXATION OF 25.86 ACRES REQUESTED BY RODNEY RIEWER LOCATED IN HASSAN VALLEY TOWNSHIP ALONG JEFFERSON STREET SE WITH STAFF RECOMMENDATION AND A FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 03 -354 FOR SEPTEMBER 9, 2003) 2. CONSIDERATION TO REZONE PROPERTY FROM R2 TO C4 LOCATED AT 222 5" AVENUE NW FOR OFFICE BUILDING SUBMITTED BY STEPHEN GASSER, APPLICANT WITH STAFF RECOMMENDATION AND A FAVORABLE RECOMMENDATION (WAIVF, FIRST RF,ADING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 03 -355 FOR SEPTEMBER 9, 2003) 3. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY FLORIAN THODE TO ALLOW OUTDOOR STORAGE ON PROPERTY IN THE I -1 DISTRICT LOCATED AT 327 HWY 7 FAST WITH STAFF RECOMMENDATION AND A FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12242) 4. CONSIDERATION TO AMEND CONDITIONAL USE PERMIT TO ALLOW FOR A ZERO FOOT SETBACK FOR PAVING PARKING LOT LOCATED AT 225 3' AVENUE NW REQUESTED BY FORD ROLFE WITH STAFF RECOMMENDATION AND A FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12243) (d) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR CLINT KRAFT AT NATIONAL GUARD ARMORY ON AUGUST 28, 200.3 (c) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR VFW AUXILIARY ON OCTOBER 18 AND NOVEMBER 26, 2003 AT VFW POST 906 (f) CONSIDERATION FOR APPROVAL OF NON - INTOXICATING MALT LIQUOR LICENSE FOR ST". ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 6 & 7, 2003, AT ST. ANASTASIA CATHOLIC CHURCH Action — Motion to approve consent agenda 6. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION OF IMPOSING SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO, 1 Action — Motion to reject — Motion to approve (b) LETTING NO. 5, PROJECT NOS. 03 -12, 03 -19 - EDMONTON AVENUE /TH 7 FRONTAGE ROAD — ADOPTING ASSESSMENT Action — Motion to reject - Motion to approve 7. COMMUNICATIONS, REQUESTS AND PETITIONS • 8. UNFINISHED BUSINESS CITY COUNCIL AGENDA — AUGUST 26, 2003 (a) CONSIDERATION OF ORDINANCE NO. 03 -353 — AN ORDINANCE AUTHORIZING ESTABLISHMENT OF SPECIAL SERVICE DISTRICT NO. 1 (SECOND READING) Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL TO ACCEPT PROPOSAL OF ABDO ABDO E1CK & MEYERS FOR AUDITING SERVICES Action — Motion to reject — Motion to approve 9. NEW BUSINESS (a) REVIEW OF COMPREHENSTVE & GENERAL LIABILITY INSURANCE RENEWAL, Action - (b) CONSIDERATION FOR APPROVAL OF GRANTING BUSINESS SUSBIDY AND REDEVELOPMENT AGREEMENT WITH EARTHLY DELIGHTS Action — Motion to reject — Motion to approve (c) CONSIDERATION OF RESOLUTION NO. 12249 — SETTING TRUTH IN TAXATION HEARING DATE FOR TAXES PAYABLE 2004 Action — Motion to reject — Motion to approve (d) CONSIDERATION OF RESOLUTTON NO, 12250— SETTING 2004 PRELIMINARY TAX LEVY FOR CITY OF HUTCHINSON • Action — Motion to reject — Motion to approve (e) CONSIDERATION OF RESOLUTION NO. 12251 — SETTING 2004 PRELIMINARY TAX LEVY FOR SPECTAL TAXING DISTRICT HUTCHINSON REDEVELOPMENT AUTHORITY Action — Motion to reject — Motion to approve 10. MISCELLANEOUS (a) COMMUNICATIONS 11. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Action Motion to approve and authorize payment of Verified Claims A from appropriate funds 12. ADJOURN • 3 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 12, 2003 1. CALL TO ORDER— 5.30 P.M. 2. INVOCATION — Rev. Todd Ertsgaard, Oak Heights Covenant Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF JULY 22, 2003 (b) BID OPENING FROM AUGUST 5, 2003 (c) BID OPENING FROM AUGUST 11, 2003 Minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FOR JUNE 2003 2. BUILDING DEPARTMENT MONTHLY REPORT FOR JULY 2003 3. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR JUNE 2003 4. FRJTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR JUNE 2003 (b) RESOLUTIONS AND ORDINANCES 1, CONSIDERATION OF ORDINANCE NO. 03 -349 - ENTERING INTO A FRANCHISE AGREEMENT WITH NOOK AND CRANNY FOR THE RIGHT TO OUTDOOR DISPLAY OVER AND ABOVE CERTAIN PROPERTY LOCATED IN THE PUBLIC RIGHT -OF -WAY AT 34 MAIN STREET NORTH ( WAIVEFIRSTREADINGANDSETSECONDREADINGAND ADOPTION FOR AUGUST 12, 2003) 2. CONSIDERATION OF ORDINANCE NO. 03- 351 —AN ORDINANCE ADOPTING THE 2003 EDITION OF THE MINNESOTA STATE FIRE CODE, REGULATING AND GOVERNING THE SANE GUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION IIAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY FOR BUILDINGS AND PREMISES IN THE CITY OF HUTCHINSON; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS OPERATIONS (SECOND READING AND ADOPTION) 3. CONSIDERATION OF ORDINANCE NO. 03 -352 — AN ORDINANCE AMENDING HUTCHINSON CITY ORDINANCE 02 -308 REGULATING THE LICENSING OF EXCAVATORS (SECOND READING AND ADOPTION) 4. RESOLUTION NO. 12234 — A RESOLUTION TO SELL AT AUCTION SURPLUS . PROPERTY 5. RESOLUTION NO. 12238 — RESOLUTION FOR PURCHASE (c) CONSIDERATION FOR APPROVAL OF AWARDING BID FOR ROBERTS PARK PARKING u a-) CITY COUNCIL MINUTES — AUGUST 12, 2003 LOT IMPROVEMENTS (d) CONSIDERATION FOR APPROVAL OF OUT -OF -STATE TRAVEL FOR MARION GRAHAM TO THE WASTEWATER LAB EXAM WORKSHOP FROM SEPTEMBER 19 — 28, 2003 (e) CONSIDERATION FOR APPROVAL OF OUT -OF -STATE TRAVEL FOR BARRY GREIVE TO ATTEND CODE HEARINGS IN NASHVILLE, TENNESSE, THE WEEK OF SEPTEMBER 7, 2003 (f) CONSIDERATION FOR APPROVAL OF LOT SPLIT REQUESTED BY RTM RESTAURANT GROUP FOR CONSTRUCTION OF AN ARBY'S RESTAURANT LOCATED AT 1340 HWY l5 SOUTH (g) CONSIDERATION FOR APPROVAL OF GAMBLING LICENSE FOR HUTCHINSON IIOCKEY ASSOCIATION (SECOND LOCATION) (h) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR DUCKS UNLIMITED ON SEPTEMBER 2, 2003, AT CROW RIVER COUNTRY CLUB (i) CONSIDERATION FOR APPROVAL OF DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT AND SETTING REVISED HEARING DATE FOR PROPOSED ASSESSMENT ON ASSESSMENT ROLL NO. 5064& 5064, LETTING NO. 5, PROJECT NO. 03 -12 & 03 -19 (j) CONSIDERATION FOR APPROVAL OF ACCEPTING BID AND AWARDING CONTRACT ON LETTING NO. 13, PROJECT NO. 03 -15 & 03 -23 Item 5(b)5. It was noted that an additional purchase of bags for the compost site was authorized as Outlined in the memo distributed to the City Council and included in the packet. Motion by Haugen, second by Arndt, to approve consent agenda. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) SOUTH FORK CROW RIVER SHORE LAND HABITAT PROJECT Julie Wischnack presented before the Council. Ms. Wischnack explained that this hearing is a requirement of the National Guard. This project is being conducted free of charge by the National Guard. This public hearing is to allow any other parties that would like to offer their services for the project for the same cost. Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Ifoversten, to approve the National Guard assisting with the South Fork Crow River Shore Land habitat Project. Motion carved unanimously. (b) ESTABLISHMENT OFSPECIAI SERVICE ISTRICTNOI (WAIIVVFFRSTREADINGANDSET SECOND READING AND A.DOPTIONFOR AUGUST 26, 2003) CA (.00 CITY COUNCiL MINL)TES —AUGUST 12, 2003 Lisa McClure presented before the Council. Ms. McClure explained that the Downtown Association had presented a petition to the Council containing 32.9 %poppulation of a geographical location of the targeted area. Ms. McClure clarified that city staff is facilitatin this project, however is not spearheading it. Ms. McClure noted that the hearing tonight is to have a first reading and set the second reading of the ordinance establishing the special service district, with a second public hearing being held August 26, 2003, to discuss the service rates that will be imposed. Ms. McClure further explained that the purpose of this type of district is to provide further services to the downtown area, such as marketing, advertising, personnel, beautification, etc. Ms. McClure further noted that these monies will not be going to the refurbishing of the State Theatre or the Hutch Hotel. Matt McMillian, Hutchinson Downtown Association, presented before the Council. Mr. McMillian requested of the Council that a special service district be established. Mr. McMillian gave background information as to other projects that had occurred in the downtown area to enhance services, such as increased public parking and the establishment of districts for Shopko and Econo Foods. Mr. McMillian noted that 50 of the 64 parcel owners signed the petition in favor of establishing such a district. A few other businesses did not sign the petition, however have stated that they will not oppose the establishment. The rate of $.19 per square foot is being suggested as the imposed rate, which will bring in approximately $100,000 per year. Mr. McMillian also noted that Roger Olson, Arnerican Legion, informed him that the Legion is in support of the petition. Rusty Fifield, Hoisington Koegler, presented before the Council. Mr. Fifield emphasized the point that this project was not city- instigated, however public - instigated. Mr. Fifield further explained that at the next public hearing, the services that could be provided will be outlined more specifically. Concerns by property owners over the assessable amount need to be submitted to staff prior to the public hearing on August 26, 2003_ Mr. Fifield further explained that if the ordinance should have a first reading, 35% of the geographical location can petition to reject the original petition prior to the second reading. it was noted that property owners have not had an opportunity to review the ordinance as it is drafted. Mr. Fifield explained that the drafted ordinance covers requirements of statute, however boundaries haven't changed nor the amount per square footage since the original plan was outlined. Lisa McClure did state that no one had requested a copy of the ordinance. Mayor Torgerson recited the ordinance to the audience and a copy of was handed out. Lisa McClure stated 124 property owners are eligible to be assessed within the district. 71 property owners signed the petition. DuWayne Peterson presented before the Council. Mr. Peterson explained that at aprevious meeting he had suggested adding a sunset provision. He recommends that this language be included in the ordinance. Mr. Peterson further noted that state statute allows for property owners to have a benefit of objection of being assessed for this special district after filing a written request with the City. Mr. Peterson also requested that this information be included in the ordinance. Maria Oman, 141 South Main Street, 25 Washington Ave. North and will be purchasing the Kelly's Dance Studio building. Ms. Oman noted that she does not receive the Hutchinson Leader and that she has not received ;.tnything from the City regarding the establishment of this district. The only notification she has received was from the assessor's office showing the proposed amount to be taxed. Ms. Oman stated that she surveyed property owners in the proposed district. Ms. Oman voiced concerns over the fact that neither she nor her renters are able to access these funds for their own personal improvements. Ms. Oman has concerns that rental rates will need to be increased in order to cover the new tax, which in turn will drive out renters. Ms. Oman would like to be able to use the finds for her own property and not to substantiate the district as a whole. Ms. Oman also questioned whether or not there is a cap of the price per square footage, or if that would be evaluated after so many years. Myron Johnson, VFW, presented before the Council. Mr. Johnson expressed that the VFW is not necessarily in favor of the establishient of this district, as they are a service organization. Mr. Johnson further noted that the VFW's membership is depleting and they have concerns over the 3 L\ �0.� CITY COUNCIL MINUTES — AUGUST 12, 2003 numbers (hat they will be able to retain in future years. Don Walser, presented before the Council. Mr. Walser explained that his law fern is in support of this endeavor as it will only revitalize the downtown, and increase the property value. All Corson, Corson's, presented before the Council. Ms. Corson explained that her store is not in favor of this at all, simply because they cannot afford it. She wants to know if they will be forced to pay these taxes if the ordinance passes. Woody Lainprecht, Bavari an Haus, presented before the Council. Mr. Lamprecht asked what happens if this is not passed. And what happens to (he $100,000 paid to Hoisington Kocgler. Jim Kuehl, presented before the Council. Mr. Kuehl stated that he would like to have a sunset provision as wet 1. He would like to have more information as to what specifically, and the amount of money, spent on which projects. Ru sty Fi fi eld, Hoi s i ngton Koegler, presented before the Council. Mr. Fifield explained that the service charge that will he imposed is capped and cannot be collected for more than 15 years. The City Council has no ri0 it to extend the service charge as originally adopted. The amount is also capped at $.19 /square footage for those 15 years. The only way either of these items could be changed is if they would be petitioned and instigated by the property owners. Mr. Fifield expressed that this is a type of sunset provision. Sharon Gruenhagen, 27 Main St. North, presented before the Council. Ms. Gruenhagen explained that she is against the establishment of this district. Ms. Gruenhagen explained that a large portion of the I'unds will be used for payroll, and she feels that inflation would take up most of this money. Ms. Gruenhagen also expressed that she does not feel that these funds would help her property specifically. Ms. Gruenliagen felt that those properties that want to be included for such improvements should be included. She also fell that there are no guarantees for her business that it will benefit from being a part of this district. Cheryl Labat, owner of Glass Apple, presented before the Council. Ms. Labat stated that the property tax would be a burden for her. She also noted that she is afraid that by adding additional taxes, she is afraid that it could possibly push out the independent specialty stores. Ms. Labat asked the Council to think about what their vision is for downtown and what type of businesses they would like to have in the downtown area. Skip Quade presented before the Council. Mr. Quade expressed that he believes that if nothing is done downtown now, it may hurt it more so in the long run. Mr. Quade expressed that he is in favor of this program, however there may be other issues that need to be reviewed as well. Lee Gruenliagen, owner of Vacuum Gallery and Bike Shop, presented before the Council. Mr. Gruenhagen stated that his business would not benefit from the services that will be provided from these funds, and that issues such as parking need to be addressed. Tim Ulrich, FDA President, presented before the Council. Mr. Ulrich clarified that the FDA paid for the Hoising(on Kocgler downtown study via a small cities grant from the State. Mr. Ulrich reminded residents that the extra parking installed behind the businesses was paid for by assessments. These funds could be used for items such as additional parking. Nancy Murphy, owner of Nook and Cranny, presented before the Council. Ms. Murphy explained that she is a member o f the Downtown Association. Ms. Murphy also voiced that she has some concerns about rising renter rates. Gerry Jones, 140 North Main, presented before the Council. Mr. Jones pointed out that he is unclear as to whether or not all Ilse businesses would benefit from this district. Keith Kamrath, presented before the Council. Mr. Kamrath expressed that having a sunset provision is nmorc acceptable. Mr. Kamrath also expressed that he would like to have the opportunity to spend q (a) CITY COUNCIL MINUTES — AUGUST 12, 2003 these dollars on his business specifically, as opposed to supporting all of the businesses. Mr. Kamrath . expressed that he would like to have a property owner vote. Mr. Fi field reminded the listeners that any property owner can sign a petition to veto the decision of the City Council. 35% of the landowners must sign the petition in order to veto the petition. Art Benjamin, Nemitz & Sons, presented before the Council. Mr. Benjamin expressed that he likes the sunset provision option. Gail Cox, Main Clips, presented before the Council. Ms. Cox asked what the definition of commercial tax is and questioned why these property owners should be incurred more costs when they arc already paying for good services. Robert Powell presented before the Council. Mr. Powell questioned the administration of the special service district. Mr. Powell questioned whether or not the district would have the ability to bond in and of itself. Mr. l,ifield explained that the City could issue bonds for improvements within the special service district. Only service charges from the district could be used to pay the bonds back. Lee Slritesky presented before the Council. Mr. Stritesky commented that other areas of the commercial/retail district should be tapped into to include the entire economic community. Dave Skoog, 22 1" Avenue, presented before the Council. Mr. Skoog clarified that the tax capacity could be less than what is portrayed. Lisa McClure did share with the residents that the FDA does have low interest loans for residential and business buildings. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. . Kay Peterson stated that one of her concerns is the tax capacity issue. Ms. Peterson clarified that this is only a first reading of the ordinance with the second reading being considered in two weeks. Duane Hoversten commented that he has been closely following this through the study. Mr. Hoversten. further commented that this program can only increase the value of buildings. For small business owners, the more business that this can potentially bring in outweighs the few hundred dollars that it will cost each year. Jim Haugen appreciated the fact that any taxes are regressive taxes. Mr. Haugen asked of Mr. Fifield if the Council can deny the petition as presented. Mr. Fifield explained that state statute gives the Counci I the authority to design the program once the petition has been presented. Mr. Fifield again clarified that the original signers of the petition still maintain the right to veto the ordinance. Motion by Arndt, second by Iloversten, to set second reading of Ordinance No. 03 -353 for August 26, 2003. Mr. Fei fer clarified that veto provisions are outlined in state statute 428A. Motion carried unanimously. 7. COMMUNICATIONS RE UESTS AND PETITIONS Vi Mayer, Chamber of Cornnterce, presented before the Council. Mr. Mayer thanked the City of Hutchinson for all of their assistance over the past five months. City parks have been used for several events and Mr. Mayer expressed his thanks for the various departments in the preparation for these events. 8. UNFINISHED BUSINESS • (a) CONSfI)ERATION Ol� ORDINANCE NO. 03 -347 AN ORDINANCE AMENDING SECTIONS 3 AND 7 OF SECTION 12 OF THE HUTCFLINSON ZONING ORDINANCE ADDING DEFINITION OF RESTDENTIAL DOG KENNEL, AND REGULATION OF PLACEMENT OF RESIDENTIAL DOG IU.NNELS IN YARDS WITH STAFF RECOMMENDATION AND FAVORABLE q , ) CITY COUNCIL MINUTES — AUGUST 12, 2003 RECOMMENDATION (WAIVE FIRST READING AND SET SECOND HEADINGAAD ADOPTION FOP AUGUST 26, 100.3) Julie Wischnack, Director of Planning/ZoninWBuilding, presented before the Council. Ms. Wischnack explained that the Planning Commission hag, voted 4 -3 to approve the ordinance as indicated in the Council packet. Ms. Wischnack explained that at the last Council meeting, this item was tabled to give the Council to receive more community comments. Mayor Torgerson noted that little comment had been received. Kay Peterson stated that at the last meeting it was noted that there is a current ordinance that can enforce nuisances, such as the issues arised out of the drafting of this ordinance. Duane Hoversten echoed the same comments as Ms. Peterson made. Jim Haugen stated that this ordinance may be somewhat ineffective as the current ordinance may take care of the problem. Ms. Wischnack suggested revising the current nuisance ordinance that has a stronger effect. She stated that within a couple of weeks staff will present a revised ordinance. Motion by Ioversten, second by Arndt, to reject Ordinance No. 03 -347 for August 26, 2003. Motion carried unanimously. 9. NEW BUSINESS (a) UPDATE ON HUTC111NSON LIQUOR STORE Ms. Wischnack presented before the Council. Ms. Wischnack stated that staff is requesting Council's guidariec in proceeding with the construction of a new liquor store. Mayor Torgerson noted that the appraised value of the targeted property came in lower than the assessed value. The property owners therefore have reservations about selling the property for lower than the assessed value. Duane Hoversten suggested that the Council review the appraisal values, current budget, and other options • before proceeding further. Duane Hoversten suggested that the process slow down for further research, but that the City is still committed to launching this project in the future. Motion by Arndt to cease with the progression of this roject currently, to provide more time to research other options, no second. Motion died. No of action taken. (b) CONSIDERATION FOR APPROVAL OF FINAL PLAT TO BE KNOWN AS SOUTHWIND SUBMITTED BY Hi 1TCHINSON HOLDINGS LLC Julic Wischnack presented before the Council. Ms. Wischnack explained that this area is west of Jefferson Street and south of Edmonton Avenue. This development includes 94 lots. The action tonight is for the first phase of the plat as well as a subdivision agreement. Motion by Peterson, second by Haugen, to approve final plat to be known as Southwind. Motion carried unanimously. (c) CONSMERATTON FOR APPROVAL OF FILLING OPEN PUBLIC WORKS POSITIONS Brenda Ewing, Iluman Resources Director, presented before the Council. Ms. Ewing explained that this request is part of the overall Public Works reorganization, which was approved by the City Council a few weeks ago_ This request is to fill current open positions, not newly created positions. John Olson explained that part of the reorganization is to center the positions around functions and not departments. Motion by Hoversten, second by Arndt, to approve fulling open Public Works positions. Motion carried unanimously. • (d) CON SIDERATION1' OR APPROVAL OF PURCHASE AGREEMENT FOR INDUSTRIAL PARK LAND LA (om) CITY COUNCIL MINUTES — AUGUST 12, 2003 Lisa McClure presented before the Council- Ms McClure explained that the EDA is requesting that . this property be purchased for Industrial Park land development. Motion by flaugen, second by fioverslen, to approve purchase agreement for Industrial Park land currently owned by I.ce Stritesky. Motion carried unanimously. (e) FOP, APPROVAL OF CALLING HOUSING PROJECT AND THE PROPOSED ISSUANCE OF REFUNDING REVENUE BONDS Jim 11augen will be abstaining from this action. Kcn Merrill, Finance Director, noted that this action is to set a public hearing to sell revenue bonds which is for refinancing Prince of Pcace bonds to take advantage of the low interest rates. Motion by Peterson, second by Arndt, to approve calling for public hearing on senior housing project (Prince of Peace) for Soptember 9, 2003. Motion carried unanimously. (t) CONSIDERATION FOR APPROVAL TO ACCEPT PROPOSAL OF ABDO ABDO EICK & MEYERS FOR AUDITING SERVICES - -- -- Ken Merrill explained that these audit services would cover 2003 -2005. Mr. Merrill further noted that this firm has been the City',), auditing firm for several years and have performed very well. Although the rates are increasing somewhat, there is a not to exceed number built in to the agreement. Duane l Ioversten requested that Mr. Merrill receive further quotes for service rates to make sure the rates are Competitive- Motion by Hoversten, second by Haugen, to table this item until Mr. Merrill is able to obtain comparable service rates. Motion carried unanimously. (g) CONSI- DERA.TIONFOR APPROVAL OF SETTING HEARING DATE FOR WALMART LIQUOR LICENSE. VIOLATION Motion by Haugen, second by Peterson, to approve setting hearing date for Walmart liquor license violation for September 3, 2003, at 12:00 p.m. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS Melissa Starke noted that at the July 8, 2003, City Council meeting, the Council approved entering into a lease agrccincnt with the State of Minnesota for use of the Council Chambers fora drivers exam test station. Along with that they approved Resolution No. 12205. Ms. Starke noted that the lease was actually for motorcycle testing in the Roberts Park parking lot and requested that the Council take action to revise Resolution No. 12205 to clarify the location and purpose of the testing. Motion by Arndt, second by Peterson to approve revised Resolution No. 12205. Motion carried unanimously- Bill Arndt — Mr- Arndt encouraged residents to give blood at the blood drive this week. Mr. Arndt also requested that everyone attend the McLeod County Fair. Ken Merrill Mr. Merrill requested an informational meeting beset for August 26, 2003, for the purpose of discussing the 2004 budget. Motion by Haugen, second by Peterson to set informational meeting for August 26, 2003, at 4:00 p.m. Motion carried unanimously. 11. CLAIMS APPROPRCATIONS AND CONTRACT PAYMENTS 7 CITY COUNCIL MINUTES — AUGt7ST 12, 2003 (a) V h;l ;aHED CLAIMS A Motion by Peterson, second by Arndt, with Hoversten abstaining, to approve and authorize payment of Verified Claims A from appropriate funds. Motion carried unanimously. (b) VERIFIED CLAIMS R Motion by Hoversten, second by Haugen, to approve and authorize payment of Verified Claims B from appropriate funds. Motion carried unanimously. 12. A JO URN With no further business to discuss, the meeting adjourned at 8:05 p.m. `J • MINUTES BID OPENING LETTING NO.2 /PROJECT NO. 03-12 & 03 -19 AUGUST 12, 2003 Present: Cal Rice, Assistant City Engineer and Melissa Starke, Recorder Cal Rice, Assistant City Engineer called the bid opening to order at 10:04 a.m. Mr. Rice dispensed with the reading of the publication, Advertisement for Bids, Letting No. 2, Project No. 03 -12 & 03 -19. Mr. Rice noted that the City Council reserves the right to reject all bids and to waive any informalities and irregularities as signed by Gary D. Mob,- The following bids were opened and read: Duininck Bros Inc Prinsburg, Minnesota Bid Amount $119,811.00 The bids were referred to staff for review and a recommendation. The bid opening adjourned at 10:06 a.m. ATTEST: Gary D. Plotz, City Administrator Marlin Torgerson, Mayor �1�b) 11 r L 0 2ORT- GENERAL PERMITS AND FEES INTERGOVERNMENTAL REVENUE­_ CHARGES FOR SERVICES FINES & FORFEITS SALES — INTEREST REIMBURSEMENTS TOTAL CITY OF HUTdHINSON FINANCIAL REPORT 2002 July MONTH 2003 _ 2003 2003 _ July MONTH YEAR TO ATE ACTUAL ADOPTED BUDGET 2_.973,032.00 38,700.00 - 1,379,021.48 _ 405.28 33,268,46 40,698.26 235,230.43_ 1,050,070.67 1,126,971.63 81,967.05 _574,834.49 31,641.11 (108.51) (171.12)_ 919,910.56 1,55754 _ 23,385.86 1,216,447.51 56,200-217 10,008.13 191,000.00 2,343,963.00 1,369,599.00 _68,000.00 _ 0.00 0.00 947.46 137.64 6,112.b 6,302.12 15,989.48 218,270.36 210,592.90 221,100.00 44.8,181.14 (1,675.77 (2,707.40_ 1,944.14 O.OD 2,443,676.52 1,407552.47 4,055,314.99 CI 2002 TY OF HUTCWINSON FINAN !July -- 2002 _ 20031 2003 EXPENSE REPORT - GENERAL - July _ July YEAR TO _ MONTH MONTH ATE ACTUAL 001 N1AY0 — - Z COUNCIL 8,294,04 4.553.90 28,495.04 �D02 CITY ADMINISTRATOR .._ 23,717.47 24,664.64 132,655.44 003 ELECTIONS 28,64 242.72 313.29 004 FINANCEDEPARTMENT 51,369.30_ 37,700.07 229,295.69_ 005 OR VEHICLE 19,757.12 21,836.02 102,746.28 006 ASSESSING —. ..._ ' 0 -. 07 LEGAL _ 11,781.21 13,888.38 72,923.00 008 PLANNING 15,567.54 17,258.30 85,446.38 009 INFORMATION SERVICES_ 10,255.88 11,446,78 53,712.55 110 POLICE DEPARTMENT _ 260,187_.71 240,327.36 _1,367,585.72 115 EMERGENCY MANAGEMENT 1,30735 968.10 1208.86 120 FIRE DEPARTMENT 46,012.13 34,549.95 154,7477-37 3t 130 PROTECTIVE INSPECTIONS _21,807.26 19,861,48 _ 103,875,10 150 ENGINEERING 52,741.23 56,028.91 267,867.85- 152. STREETS &ALLEYS 93,728,27 78,139.70 487,253.67 160 CITY HALL BUILDING 19,889.68 28,232.54 92,684.01 x201 PARK1RECREATION ADMINIST 18,399.43 15,805.85 100,697.37 202 RECREATION-- 64,267.25 43,382.11 155,910.20 203 SENIOR CITIZEN CENTER 9,965.16 .7,597.72 _ 56,968.99_ _204 CIVICARENA 8,301.30 22,965.05 139,024.94 . � .. 205 PARK DEPARTMENT 110,059.08 _ 106,051.62 456,325.94 ,206 RECREATION BUILDING _& FOOL 14,758.19 7,979.28 48,389.64 207 EVENTS CENTER _ _ 34,989.60 _ 12,005.40 102,531.80 208 EVERGREEN BUILDING 1 239.46 5,007.35 'p 250 LIBRARY 3,739.81 4,113.99 98,547.07 301 CEMETERY _ 16,309.59 13,6D4.8fi 69,038.85 310 bEBTSERVICE _9.55375 2 AIRPORT 11,121.51 11,658.29 82,195.62 _. 350 UNALLOCATED GENERAL EXPE 172,702.75 100,694.88 303,980.20 TOTAL 1,101 058.50 _ 936,817.36 4,809181 .97 ..............__ .......,... - -- - --..,.w..,.... 315,138.00 1,405, 000.00 0.00 178,701.00 8,9151133.00 BALANCE 2003 July CENTAGE USED 794,764.51 4 36,358.89 4 _ 171.12 1 25,877.13 __ E 96,867.64 _ 956,816.8fi (1,944,14) 4,681,117.01 I CIAL REPORT _ 2002; 2003 2003 Julyl REVISED BALANCE VERCENTAGE , BUDGET REMAINING USED _ 57 589.00 _ 29,093.96_ 49.48 %'. 240,108.00 107.452.56 _ 55,25 %'. 11,125.00 10,811.71 2.82 %. 413,438.00 184,142.31 _ 55.46% 172,528.00 _ 692781.72 _ 59,55 %' 41000.00 _ 41,000.00 0.00% 112,864.00 39,941,00 64.61% _ 146,793.00 _ 61,346.62 58.21% 165,530.00 111817.45 32.45% _2,358,595.00 91,009,28 _ 57.98% 18,000.00 16,791.14 _ 6.72% 330,285.00 175,537.63 46,85% 177,628.00 73,752.90 58.48% -- 488,848.001 220,980.15_ _ 54.80% 842,431.00 355,177.33 57.84% 154,208.00 _ 61,323.99 60.23% 179,880.00 79,162.63 55.98% 221,651.00 65,740.80 70.34% _ 60.883.00 _ 3,914.01 93.57% 270,736.00 _131,711.06 51.35% 721,349.00 265,023.06_ _ 63.26% _ 118,428.00 70,038.36 40.86% _ 167891,00 _65,359.20 61.07% 23,970.00 18,962.65 20.89% 139,409.00 40,861.93 .. 70.69 %. 115,157.00 _ 46,118.15 59.95% 161,049.00 151,495.25 5.93% 74,431.00 X7,764.62 110.43°/ 764 000.60 460, 019:80 /° 39.79 _8,749804.00 .3,940,62,2; 03 .54.96 %e 5(a)� PERMITS AND FEES INTERGOVERNMENTAL RE CHARGES FOR SERVICES_ FINES & F_OR_F_EITS SALES INTEREST !General GOVT. Pudlic Safety Streets & Alleys Parks & Recreati Miscellaneous u CI 2003 405.28 CITY OF HUTCHINSON FINANCIAL REPORT 3C, /UU,uu 9,466.04 ;July 40,698.26 235,230.43 2003 2003 2003 _ 1,216,447.51 1 1,050,070.67 1.126,971.63 �REVENUEREPORT - GENERAL _2002 July July YEAR TO REVISED BALANCE ERC_ENTAGE 794,764.51 10,008.13 0.00 _ MONTH MONTH ATE ACTUAL BUDGET REMAINING USED 171.12) .. 0.001 171.12 6,302.12 13764 6122.87 _ 25,877.13 _ 210,592.90 !route _ 218,270.36 315,138.00', aia4inyA nnn 137909148 7.973.032.00 1.594.610.52 46,386/b PERMITS AND FEES INTERGOVERNMENTAL RE CHARGES FOR SERVICES_ FINES & F_OR_F_EITS SALES INTEREST !General GOVT. Pudlic Safety Streets & Alleys Parks & Recreati Miscellaneous u CI ;F -7� 123.10, 48.08°/ 41.97`/, 46.53 °ti 0.00 19.13 °G 69.26 31.90 0,00° 1,557.541 405.28 33,Z88.4ti 3C, /UU,uu 9,466.04 _ 23,385.661_ 40,698.26 235,230.43 _ 191,000.00 _ L4,23643) --56. 61. 39. 54. _ 1,216,447.51 1 1,050,070.67 1.126,971.63 2,343,963.00 1,216,991,37 56,200.21 81,96_7.05 574,834.49 1,369,599.001 794,764.51 10,008.13 0.00 31,641.11 68,000,00 1 36,358.89 947.46 (108_.51 171.12) .. 0.001 171.12 6,302.12 13764 6122.87 32,000.00 25,877.13 210,592.90 _ 1.5,989.48 _ 218,270.36 315,138.00', 96,867.64 (1,675.77 221,100.00 448,781.74 1L40 0 956,818.86 )0 (1,675.77 (2,707.40) ,...._......_.._._0,00- (1 944.14) 11__11 ,..... 2,443,676.52 1,407,552.47 4,055,314.99 8,915,133.004,681,117.01 ;F -7� 123.10, 48.08°/ 41.97`/, 46.53 °ti 0.00 19.13 °G 69.26 31.90 0,00° ._1.111..,..,,.. .......... — -- ..............................� 5(a)\ 160,660.88 329,314.45 159,823.35 798,471,68 295,726.89 1,627,417.05 134,168.61_ 755,121.52 234,745.34 1,232,442.15 1.1.2,353.77..,, 395,729.57._ 936,817.36 4,809,181.97 1,515,183.00 716,711.32 2,684,508.00 _ 1,257,090.95 1,331,279,00 576,157.48 2,019,354,00 786,911.85.— - .,999,480,00...1 __603,750,43.1_._._.... 8,749,80400 3,940,622.03 52. 1 56. 146,469,56 280,789.41_ .__. 183,82426... 1,101,058.50 --56. 61. 39. 54. _. _.. TOTAL ._1.111..,..,,.. .......... — -- ..............................� 5(a)\ 0 CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT 22- Aug -03 July 31, 2003 . Date Date Interest Of Of Institution Description Rate Purchase MatuHty Amount US BANK Money Market 1.43% 10/31/02 1115102 386,446.76 Smith Barney FHLB C 5.00% 7/18/02 7/30/09 300,000.00 Smith Barney FHLB C 4.00% 9/27/02 10/10/07 300,000.00 Smith Barney FHLB G 4.375% 9119/01 4111/05 750,000.00 Smith Barney FHLB C 4.180% 9/25/01 4/19/05 270,000.00 Prudential pool 336914 7.226°% 1231 96 0201 2026 15,060.74 Expected life 6.2 years Smith Barney FHLM -C 4.650°% 11/21/01 5/21/07 300,375.00 Prudentail P001336399 7.270°% 1231 96 0201 2026 17,550.46 Expected life 4.1 years Smith Barney Money Market Varies 06/24 & 06/25 07/10 & 08/24 1,791,982.50 Prudential Money Market varies 112102 Open 40,536.00 Prudential FHLB 3.0% step 7/16/03 7/16113 200,000.00 Prudential FHLB 5.00°% 5122/03 5122/13 300,000.00 Prudential FHLB 4.00°% 6112/03 6112113 300,000.00 Marquette 1231'305 1.190% 6126/03 06/26/13 400,000.00 Bremer 1.100% 07/30/03 12/30/03 500,000.00 Citizens Bank 1.600% ,02114103 2/16/04 200,000.00 First Minnesota 2.650% 08/02/02 08/01/03 400,000.00 Wells Fargo 1.550°% 02/13/03 06/14/03 750,000.00 Citizen Bank 1.400% 03/13/03 10/16/03 750,000.00 Firstfederal 1.800% 04/10/03 04/15/04 750,000.00 First Minnesota 1.250% 06/19/03 11/13/03 754,818.50 $9,476,759.96 0 . .24 PM Final ASSETS Current Assets 1 Cash and investments - Operations 2 Cash and investments - Sett- Insured 3 Subtelal'cash & Investments 4 Patien9Resident receivables 5 Allowances forbad debts 6 Advances and contractual allowances 7 Net patentrresiden€ and third -party B pwmr receivables 9 10 Other receivables - net 11 Inventories 12 Prepaid expenses 13 Total Currenl Assets 14 Board DesionatedlFunded Deoredara Investments 15 lrwe tment in Joint Ventures Plant Assets 16 Land 17 Buildings 18 Accumulated depreciation 19 Buildings less depredation 20 Equipment 21 Acclrmulated depredation 22 Equipment less depredation 23 Cash-conslruction & equipment 24 Consbmcftn in progress 25 Total Plant Assets Other Assets 26 Deferred financing casts 27 Total Funds V` FINSTMNT Pam Larson HUTCH €NSON AREA HEALTH CARE Comparative Balance Sheet As of July 31, 2003 (A) (B) (A) -(B) JULY JUNE JULY Change 2003 2003 2002 CY vs PY $10,783,167 $10,650,113 $9,645,609 1,137,558 4,069,757 1,012,936 498,618 571,139 $11,852,924 511,683,049 $10,144,227 1,708,697 17,504,011 16,706,163 16,219,282 1,284,729 (4,703,536) (4,647,758) (4.222,963) (480,573) (5,121.976) (4.012,428) {4,785,918] (336,958) 97,678,499 $7,247,977 $7,210,401 468,D98 303,151 291,478 198,206 104,943 698,870 686,340 675,447 23,423 401,904 253,989 102,023 299,881 LIABILITIES AND FUND BALANCES Current Liabilities Current maturities of Long term debt Accounts payable - trade Estimated contractual se111ements -net Accrued expenses - Salaries PTO Interest Self - Insured programs Other Deferred liabilities Deferred revenue $20,935,348 $20,142,833 $18,330,306 2,605,042 Total Current Liabilities St3,940,052 $15,463,210 $6,701,122 7,238,930 5336.569 $448,435 $64,171 272,389 31,019,788 51,019388 51,019.788 0 26,113,800 26,113,800 26,116,781 (2,981) 02.071,668) (11.985,442) (11,D05,656) (1,066,012) Lono -tern Deb (less current $14,042.132 $14,128,358 $15,111,125 (5,066,993) maturities] 15,375,935 15,489,815 10670.544 705,391 (11.675,734) (11,881,763) (10.987,035) (688,699) $3,700,201 $3,608,048 $3,683,509 16,692 0 0 0 0 2,800,986 2,110,858 149,364 2,651,622 521,563,107 $20,867,052 519,963,786 1,599,321 Fund balance $107,244 $108,399 574,795 32,449 $58,882,311 $57,029,929 $45,134,180 11,748,131 Total Funds (A) JULY JUNE 2003 2003 (B) (A) -(B) JULY Change 2002 CY vs PY $1,116,860 $1,118,743 $74B,704 368,156 1,649,754 2,062,569 1,782,027 (132,273) 2,214,502 1,816,715 2,533,940 (319,438) 1,230,849 '1,047,171 1,100,620 130,229 1,329,139 1,370,880 1,224,993 104,146 91,186 460,884 347,600 (256,414) 617,561 617,561 531,658 85,903 146,635 148,259 136,570 10,265 143,277 139,111 149,267 (6,010) 11,292 0 10,963 329 $9,551,255 $8,781,893 58,566,362 (15,197) $22,269,788 $22,422,284 $13,385,D91 8,884,697 $26,081 ,268 $25,825,752 $23,182,727 2878,541 $56,882,311 $57,029,929 $45,134,180 11,748,131 i 2PM Final Revenue 1 In patient revenue 2 Out patient revenue 3 Resident Revenue 4 Total palient0resident revenue Discounts 5 Governmental & Poticy Discaunt 6 Free Care 7 Total deduction from revenue 8 Net pattentfresident revenue 9 Other operating revenues 10 Net operating revenue $2,720,942 Expenses 11 Salanes 12 Employee BenepRs 13 Professional and Medical Fees 14 Utilities, Mince Contracts & Repairs 15 Food, Drugs & Slrpplles 16 Olherexpense 17 Minnesota Care 18 Bad debt 19 Interest 20 Depreciation 21 Total expenses $7,629.499 Excess of net operating revenue 22 over (under) operating toyema 548,334,385 Nonooeratino Revenues 23 Investment incase 24 Other nonoperaling revenue (net) 25 Plaza 15 Income? (Lm) 26 Total nonopereting revenue 27 Net Income HLITCH INSON AREA HEALTH CARE Statement of Revenues and Expenses Month and Period Ended July 3l, 2003 YEAR- TO -13ATE July 2002 515,842,539 23,170,650 3.498.766 $42,511,955 VARIANCE % 2003 vs 2002 12.2% 4.5% 12.7% a.%% 3,231,116 CURRENT MONTH 9,266 0.3% YEAR-TO-DATE 22,174,444 (1,054,611) 3.13% Over (Under) Budgat 12.0% 577 4,157 Over (Under] Budget -862% Actual Budget Dollars Percent Actual Budget Dollars Percent $2,516,545 $2,720,942 ($264,397) -7.5% $17,779.510 $16,687,148 ($907,636) 4.9% 3,777,106 3,797,436 (20,336) -0.5% 24,217,201 26,160,133 (1,942,932) -7.4% 607,135 511,121 96,014 113.13% 3,943,250 3,487,104 456,146 13.1% $6,900,786 $7,629.499 (S$20,713) -1.8% $45,939,961 548,334,385 ($2,394,424) 5.0% YEAR- TO -13ATE July 2002 515,842,539 23,170,650 3.498.766 $42,511,955 VARIANCE % 2003 vs 2002 12.2% 4.5% 12.7% a.%% 3,231,116 3,221,850 9,266 0.3% 21,119,633 22,174,444 (1,054,611) 3.13% 18,&55,566 12.0% 577 4,157 13590) -862% 577 29167 (28,590) -98.01% 0 nfa $3,231,693 $3,226.017 $5,676 02% $21120410 $22,203611 (51,083,201) -162.8% $16,855,568 12.0% S3,669,093 53,803,482 ($134,389) -3.5% $24,819,551 $26,130,774 ($1.311,223) 59% V23 ,656,387 4.9% 124,063 43,893 80,170 382.6% 489,866 284,488 205,380 722% 151.957 222.4% $3793,156 $3847375 (554219) -1A% $25,309,417 $26415269 41,105,8431 4.2% 523.606,344 6.3% $1,689,323 $1.697.622 ($8,499) -0.5% 363,290 431,807 (68.517) -15.9% 428,297 457,406 (29,109) -6.4% 187,263 151,366 35,917 23.7% 530,581 473,901 56,680 1211% 115,087 132,566 (17,479) -13.2% 37,302 37,302 0 0.01% 61,024 96,689 (37,665) -38.2% 38,860 42,782 (3,922) -9.2% 147,051 161,437 (14,305) -8.9% $3,598,098 $3,685,076 ($86.980) -24% $11,574,859 $11,541,386 $33.473 0.3% 2,608,995 2.980.759 (371,764) 425% 3.290.320 3,211,740 78,580 2A% 1,096,870 1,069,506 21,362 2.01% 3,146,934 3,208,293 (61,359) 4.9% 880,110 901,683 (21,573) -2.4% 259,936 261,116 (1,180) -0.5% 324,765 690,827 (366,062) -539% 275.914 290,606 (14,692) -5.1% 1,038,851 1,064,017 (65,166) .6.01% $24,471,554 525,239,935 ($768,381) -3.0% $10,787,542 7.3% 2,647,687 -1.5% 2,470,785 33.2% 1,000,306 9.1% 2,649,361 10A% 747,729 t7.7% 244,720 62% 527,999 36.5% 276,186 -0.1% 1,070,538 -4.8% $22,622,855 8.2% $195.058 $162,297 $32,761 20.2% $837,863 $1,175,325 {$337,462] -287% 31,185,489 -29.3% 5,726 3.3% 29 $14,594 522,500 ($7,906) 35.1% St26,721 $157,500 ($36,779) -23.4% $150,526 -19.8% 19,84B 7,361 12,467 169.5% 66,116 49,268 16,850 34.2% 8,120 714.3% 6,016 am (2,038) - 25.3% 46,457 56,414 (%957) -17.6% 111,633 -56.4% $40,460 $37,917 $2,543 6.7% $233,296 5263,182 ($29,886} -11.4% $270.279 -13.7% $235,518 $200,214 335,304 17.6% $1,071,159 51,438,507 ($367,348) -25.5% $1,455,768 -26.4% 28 Patient days 796 902 (104) -11.5% 5,913 6,206 (293) 4.7% 5,726 3.3% 29 Residentdays 3,569 3,426 143 4.2% 23,825 23,752 73 0.3% 24,011 -0.6% 30 Percent O panty - budget beds - Hospital 42.9% 45.5% -5.6% -11.5% 46.5% 48.8% -2.3% 3.7% 45.0% 3.3% 31 Percent occupancy - budge) beds - Nursing Home 93.6% 69.9% 32% 42% 91.4% 91.1% 0.3% 0.3% 92.1% -0.8% 32 FTE's 456.8 453.8 3.0 0.7% 443.8 453.6 -10.0 -2.2% 433.8 2.3% 33 Admissions (adjusted) • Hospital only 553 593 (40) 46.8% 3,745 4,086 (341) -0.4% 3,929 4.7% 34 Expenses (net) par admission (adjusted) - Hospital only 5,255 5,213 42 O.6% 5,366 5,183 186 3.8% 4.751 13.0% 35 Revenue per admission (adjusted) - Hospital only 11,336 10,927 408 3.7% 11,161 10,909 252 2.3% 9,865 13.1% 36 Net Revenue per admission (adjusted) - HospiU any 5,606 5,534 72 1.3% 5,634 5523 112 2.0% 5,107 10.3% 37 Discounts as a percent of revenues 46.8% 45.9% 0.9% 2.0% 46.0% 45.9% 0.0% 0.1% 44.4% 37% 38 FTEs per 100 admissions (adjusted) - Hospital only 5.0 4.7 0.4 8-2% 4.9 4.7 02 4.5% 4.6 7.4% 39 Days in Net Accounts Receivable 63.8 55.5 8.3 75.11% 67.1 -4.9% FINSTMNT �,] Pam Larson BOARD OF DIRECTORS MEETING —July 15, 2003 • Hospital — Conference Room A/B Members present were: Chairperson, Steve Snapp; Vice Chairperson; Wayne Fortun; Sherry Ristau, Trustee; Duane Hoversten, Trustee; Pastor Randy Chrissis, Trustee, and Dr. Cate McGinnis, Chief of Staff Absent: Secretary, John Houle Others present were: Philip Graves, President; Pam Larson, Finance, Information, and Material Services Division Director; Robyn Erickson, Care and Program Support Services Division Director; Dr. Steven Mulder, Director of Medical Affairs; Pat Halverson, Community Care Programs and Services Division Director; Linda Krentz, Elaine Schermann, Quality Representative; Kara Neuharth, Diagnostics and Therapeutics Manager; Rickie Ressler, Executive Vice President, Hospital and Specialty Operations, Allina Hospitals and Clinics; Andey Rasmussen, McGough Construction; Maureen Swan, Med Trend Group (consultant); Doug Hanneman, Hutchinson Leader; and Corrinne Schlueter, Recorder. Chairperson Snapp called the meeting to order at 5:33 PM. Eleven members of the Hutchinson Community Hospital Auxiliary attended the board meeting. Dori Johnson, Auxiliary President, presented a check in the amount of • $68,956.35, to enable the hospital to purchase three new cardiac monitors /defibrillators for each ambulance. The equipment will be used as part of anew lifesaving effort between Hutchinson Community Hospital and Abbott Northwestern Hospital in Minneapolis that gathers medical information more quickly to speed up treatment for heart attack patients. Graves added a sincere `thank you" to the Auxiliary and stated, "you do make a difference in people's lives." Chairperson Snapp added, "On behalf of the board we do appreciate all the work you have done for us." Dr. Steve Mulder presented the Level I Heart Attack Program and how the new cardiac monitors/ defibrillators would shorten the time between diagnosis, treatment, and transfer. The Level I protocol began with a pilot program at Ridgeview Medical Center, in W aconia, and it includes six other hospitals besides Hutchinson. Mulder explained the treatment that takes place in Hutchinson when a Heart Attack is diagnosed and the patient is qualified for a transfer to the Cath Lab at Abbott. Once the diagnosis is made, a helicopter is dispatched, the cardiac team is notified at Abbott Northwestern, and the patient is transported to Abbott and then directly to the Cath Lab . The goal is 90 minutes from arrival in the Hutchinson Emergency Services Area to treatment in the Cath Lab at Abbott Northwestern. I. Minutes of Last Meeting. The minutes of the June 17, 2003, meeting were presented and discussed. • .5(0,)y Board of Directors . July 15, 2003 Page two Following discussion, Fortun made a motion, seconded by McGinnis, to approve the minutes of the June 17, 2003 meeting. All were in favor. Motion carried. II. Medical Staff Meeting, Minutes and Credentialing. Dr. McGinnis provided a report on the recent Medical Executive Committee Meeting. The following practitioners were recommended for membership to the Medical Staff. Credentialing recommendations were made for the following practitioners: Initial Appointment. Joseph Mayland, DO General Surgery Active Thomas Matson, MD Radiology Courtesy Michael McNelis, MD OB /GYN Active Reappointments. Colleen Caspers, NP Nurse Practitioner Allied Health — Ind. Julie Krenik, MD Family Practice Active Ashok Ojha, MD Internal Medicine Active Tracy Powell, MD Emergency Medicine Courtesy •Rea uest for Additional Privileges: Stanley Kurisko, MD Requesting privileges to interpret and perform Radiology procedures while on -site at HAHC Resignations. Tammera Paulson, MD General Surgery Courtesy Following discussion, McGinnis made a motion, seconded by Chrissis, to grant membership and privilege to the above listed practitioners as recommended by the Medical Executive Committee. All were in favor. Motion carried. III. New Business. A. McGoueh Construction Undate. Andey Rasmussen, McGough Construction, reported the Health Plaza Renovation is coming along nicely. Outpatient Mental Health anticipates they will be open for business on August 11th. With the Medical Services expansion at the hospital, we are currently underway in five of the seven additions. Temporary partitions have been erected within the building for some interior work that is about to start. The renovation of #4 Surgery Suite will begin soon. Rasmussen also reported we are still within budget at the Plaza for the Mental Health Renovation. 0 Mw", 0 11 Board of Directors July 15, 2003 Page three B. Member Control Agreement Changes Graves presented the Governing Board with a new member control agreement document which would include adding Diagnostic and Therapeutic Sleep Services to the Hutchinson Diagnostic Center. Following discussion, Chrissis made a motion, seconded by Hoversten, to approve the "revised" Resolution of Board of Governors. Five were in favor. McGinnis abstained. Motion carried. C. Strategic Plan Update_. Graves and Senior Management gave an update on the Strategic Plan. Following discussion, Hoversten made a motion, seconded by Fortun, to approve the Second Quarter Strategic Plan as presented. All were in favor. Motion carried. D. Datascope Purchase. Larson explained the Datascope Accutor Plus is a device used primarily for blood pressure, temperature, and Oxygen saturation motoring. Currently we owned some of these units that are in need of replacement and also we are renting two. Staff provided information on an analysis of lease vs. purchase. Because the expected life of the equipment is a minimum of 5 years, it is more cost effective to purchase the units than lease. The purchase price is $38,208. Following discussion, Ristau made a motion, seconded by Fortun to Approve the purchase of the Datascope Accutor Plus at a cost of $38,208. All were in favor. Motion carried. IV. Organizational Reports. A. President. Graves commented he will be on vacation for the next couple of weeks. One of the Division Directors will be "on call" at all times. B. Acute Care. Nothing further to report. C. Care and Pro am support. Nothing further to report. D. Community Care. Nothing further to report. E. Finance Information & Material Services. Nothing further to report. F. Senior Care. Krentz reported Kare I 1 will be at Burns Manor on July 10" to tape a story about Bernie Telecky for her volunteer work. They have made a banner which reads Welcome Kare 11 and Bernie. 5(a) q Board of Directors July 15, 2003 Page four The nursing home had a Case Mix Audit conducted under the State's new system. The audit team arrived on June 27`" and left on July 8`s' G. Medical Director Report. Nothing further to report. Patient Safety and Performance Improvement Committee. Schermann gave a brief report on the "Near Miss Process ". The suggestion has been made to change the near miss process so results are reported monthly. Leadership would then have an accountability requirement to report back to the Data Center with their analysis of any events that occured. Allina Management Repo . Rickie Ressler reported there are new and exciting things going on at Allina. Dick Pettingill, Allina CEO, has been there eight months and has provided excellent leadership for the company. She reported on the Automated Medical Record system purchase and installation timeline. Accounts Pa, a� The accounts payable and cash disbursements for June 2003 were presented for payment. . Following discussion, Chrissis made a motion, seconded by McGinnis, to approve the accounts payable and cash disbursements as listed, in the amount of $4,058,281.87. Five were in favor, Hoversten abstained. Motion carried, Statistical Rem. Graves presented the statistical report for the month of June 2003. Financial Repo . Larson provided the financials for the month of June 2003, which showed a net income of $352,649, compared to a budget of $149,875. Following discussion, Chrissis made a motion, seconded by Fortun, to approve the report as presented. All were in favor. Motion carried. Auxiliary Meeting Minutes, The Hospital Auxiliary Meeting Minutes were presented. No unusual comments were made. Bums Manor Auxiliary Meeting Minutes. The Burns Manor Auxiliary Minutes were presented. No unusual comments were made. Ad'oournment. There being no further business,, For-tun made a motion, seconded by McGinnis to adjourn the meeting. All were in favor. Motion carried. Respectfully submitted, Corrinne Schlueter John Iloule Recorder Secretary a 5 (q, 1q Y Hutchinson Housing & Redevelopment Authority Regular Board Meeting — July 15, 2003 Minutes CALL TO ORDER: Chairman Joel Kraft called the meeting to order. Members Present: Duane Hoversten, Thor Skeie, and John Houle. Staff Present: Jean Ward, and Judy Flemming. 2. MINUTES OF HRA BOARD MEETING ON TUNE 19, 2003 John Houle moved to approve. Thor Skeie seconded and the motion carried unanimously. FINANCIAL REPORTS Jobn Houle moved to approve the Financials. Duane Hoversten seconded and the motion carried unanimously. 4. FAIRWELL TO CHAIRMAN JOEL KRAFT AND HRA BOARD MEMBER REPLACEMENTAPPLICANTS This is the last meeting of Chair Joel Kraft's term. The Board and staff thanked Joel Kraft for his 10 years of service. We all greatly appreciated him. Jean Ward had Melissa Starke, the City Council Secretary, advertise for anyone interested in being on the HRA board. Melissa had two applicants: Becky Felling, who specifically applied for the HRA Board and Lemoine (Lee) Grams, who was interested in any City Board. The Board discussed each application. John Houle moved to recommend to the City Council to appoint Becky Felling to the HRA Board. Thor Skeie second and the motion carried unanimously. 5. PARK TOWERS UPDATE Jean Ward reminded the Board that the Annual Plan public hearing is at noon on July 30`h at Park Towers. Jean presented to the Board Resolution #03 -06 to officially void a list of outstanding check on Park Towers Books. Duane Hoversten wanted to know more about the checks, so the Resolution was tabled. 6. CONSIDERATION FOR APPROVAL OF 2004 CITY CENTER BUDGET Jean reviewed the budget with the Board. The Board wanted to know what the percent of the allowed tax levy did the HRA request last year. Jean told them that last year the HRA requested 90% of the allowed tax levy and this year would be 91 %. The Board also wanted to know if Jean planned on hiring any additional staff. Jean said that at the present there is no need for additional staff. Jean also told the Board that she was approached by Nan Crary to meet regarding housing programs in McLeod County. Jean will update the Board after her meeting. Thor Skeie moved to approve the 2004 City Center Budget. John Houle seconded and the motion carried unanimously. 7. CONSIDERATION OF EXECUTION OF REHAB LOAN PROGRAM CONTRACT Jean reviewed the contract with the Board. John Houle wanted to know why we were doing these loans in other counties. Jean told him that there were not many other agency that would help those communities and that the administration fees covers the cost for these loans. Duane thought it was a good idea to help the other communities because Hutchinson is a Regional Center. Duane Hoversten moved to execute the Rehab Loan Program Contract with MHFA. Thor Skeie seconded and the motion carried unanimously. g. FYI • Jean Ward informed the Board Kim Stuart from MHFA was out for a meeting with CASA Lenders and the Hutchinson Realtors. The meeting created interest in having MHFA have a realtor continuing education training in Hutchinson sometime in September. The HRA will be working to set the meeting up. Also, the Research Analyst at MHFA discovered a sorting error in calculating the McLeod County purchase price for existing homes. Instead of going from $112,000 to $92,000, the new purchase price will be $114, 427. Also she told them that Patrick Armon from DTED will be coming to do a Monitoring Visit for the Franklin -Grove Neighborhood Rehab Project July 23`a and 24`h. Pat would be available for an Exit Meeting on the 24"'. • Jean thanked 3M for its donation to the High School Construction Program and the Intergenerational program at Park Towers. The Board decided to have the Annual Meeting, which is scheduled for the next Board Meeting at the same time as the regular meeting. 9. ADJOURNMENT There being no other business, Chairman Joel Kraft declared the meeting adjourned. by Jean Ward, HRA Executive Director r � LJ 5(0. MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, July 15, 2003 Hutchinson City Council Chambers 1. 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: Brandon Fraser, Jim Haugen, Lynn Otteson, Mike Flaata, Farid Currimbhoy, Robert Hantge and Chairman Kirchoff. Also present:: Julie Wischnack, AICP, Planning Director and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated June 17, 2003 Ms. Otteson moved to approve the minutes of June 17, 2003 as submitted. Seconded by Mr.Currimbhoy. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF A VARIANCE REQUESTED BY SAM SCHOLL, PROPERTY OWNER, TO REDUCE FRONT YARD SETBACK FROM 30 FEET TO 25 FEET FOR THE CONSTRUCTION OF A ROOF OVER THE EXISTING ENTRANCE LOCATED AT 712 SHADY RIDGE RD NW Chairman Kirchoff opened the hearing at 5:35 p.m. with the reading of publication #7059 as published in the Hutchinson Leader on July 3, 2003, Ms. Baumetz explained the request and the history of the house and area. The house was constructed in 1958 prior to annexation to the City of Hutchinson. She explained the misunderstanding between the property owner, contractor and staff regarding setbacks and noted construction had begun before a survey was provided to the City. The property owners did cease construction when they learned the roof addition would require a variance. Ms. Baumetz reported the property owner states the hardship as the house was constructed before the zoning ordinances were in place and the roof will protect the steps from ice and snow_ Staff recommends approval of the variance with the recommendation the entry not be enclosed in the future. • 5 to�� ('0 Minutes Planning Commission —July 15, 2003 Page 2 Mr. Hantge made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 5:48 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendations the entry not be enclosed in the future. Seconded by Mr. Flaata. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held July 22, 2003 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY ROGER STEARNS, STEARNSWOOD, TO CONSTRUCT AN 118'X102' POLE TYPE STORAGE WAREHOUSE ON PROPERTY LOCATED IN THE I/C (INDUSTRIAL COMMERCIAL) DISTRICT AT 320 -3R° AVE. NW Chairman Kirchoff opened the hearing at 5:43 p.m. with the reading of publication #7060 as published in the Hutchinson Leader on July 3, 2003. Ms Wischnack commented on the most recent site plan. She pointed out the changes which were the setback from the southerly property line which now indicated 20 feet and the size of the building now being 120' x 104'. She stated the elevations were a concern being near the river. The elevation of the building will be above the 100 year flood plain. Ms. Wischnack explained this area is Industrial Commercial and requires a Conditional Use Permit for all proposals to the site. A variance would not be needed in this district because setbacks are recommended in the I/C district. Ms. Wischnack commented on the amount of impervious surface on the site and the need for stormwater ponding in the area. She explained the City of Hutchinson is in the process of purchasing the railroad right of way and at that time, a stormwater pond could be constructed by the City and assessed to the property owners benefiting from the pond. Paving issues must be resolved for access to this building. Ms. Wischnack commented on Mr. Stearns letter regarding an access to the south as a compromise. She stated the railroad property has not been purchased making it difficult for staff to approve an access across the property. Ms. Wischnack stated the staff recommends approval of the request and commented on the following staff recommendations: 1. The City will construct an area stormwater pond and assess the properties along the railroad property for the pond (once the City has obtained ownership of the railroad right of way). 2. Access to buildings must be paved when improvements are made. .5(a)to 0 n LJ LJ Minutes Planning Commission —July 15, 2003 Page 3 Green space and buffering from the river area is an issue and could be addressed concurrently with the storm water pond improvements. The transformer on the property must be protected, providing 20 feet of separation between the building and the transformer. Building may require 1 or 2 hour fire walls with protection or non - allowance for openings. There must be 20 to 22 foot accessible area for emergency access. 3. 4. 5. 6. Discussion followed regarding paving the site and screening from the park. Ms. Wischnack stated there is not an ordinance in place regulating screening between industry and parkland. There was concern by the Planning Commissioners regarding a south entrance and industrial traffic into the park area. There was also discussion regarding the south entrance being temporary during the Hwy 7 construction or permanent. Mr. Steve Fitzloff, Stearnswood employee, stated the new building will clean up the site. The old metal building on the east will be removed, the trailers will be moved and most of the pallets will be housed inside the warehouse. He commented on the south access stating using it temporarily would be feasible but permanent would be better. Ms. Wischnack stated Mr. Roger Stearns assumed the access would be permanent. She also noted there are fire hydrants within 400 feet of the new building. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Currimbhoy. The hearing closed at 6:00 p.m. Mr. Hantge made a motion to recommend approval of the request with all 1 -6 of the staff recommendations. Seconded by Mr. Haugen. Discussion followed regarding protection of the parkland in regard to the south access. It was the consensus of the Planning Commission the access issue must be revisited when the City acquires the railroad property. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held July 22, 2003 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY JUNE INSELMANN, PROPERTY OWNER, TO CONSTRUCT A RETAINING WALL WITHIN THE EASEMENT LOCATED AT 725 SOUTHVIEW DR. S.W. Chairman Kirchoff opened the hearing at 6:07 p.m. with the reading of publication #7061 as published in the Hutchinson Leader on July 3, 2003. Ms. Baumetz commented on the request and the ordinance regulating retaining walls. She stated there was previously a wall constructed of 5 (9,YP Minutes Planning Commission —July 15, 2003 Page 4 railroad ties which must be replaced. The wall will be 24 inches tall and 32 feet long across the rear yard in the easement area. She explained the property owner did have the area marked for services as requested by staff. There is an electric line running closest to the wall. Ms. Baumetz stated the staff recommends approval of the request and commented on the staff recommendations as follows: 1. Verify drainage is not impeded by the wall. 2. Electric lines appear to be very close to the east edge of the wall. There seems to be appropriate distance from the block as shown on the picture if the block is placed on the west side of the stakes. 3. Any movement of utilities for this purpose would be at the owners expense. 4. If there is any reason the easement area needs to be used and the retaining wall is impairing access to the utility; the wall may be removed without supplying replacement costs to the property owner. Discussion followed on the possibility of grade changes. The property owner stated there will not be grade changes occurring. Mr. Haugen made a motion to close the hearing. Seconded by Ms. Otteson. The hearing closed at 6:11 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations 1 -4. Seconded by Mr. Flaata. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held July 22, 2003 in the Council Chambers at 5:30 p.m. d) CONSIDERATION OF A CONDITIONAL USE PERMIT AND LOT SPLIT REQUESTED BY RTM RESTAURANT GROUP FOR CONSTRUCTION OF AN ARBY'S RESTAURANT LOCATED AT 1340HWY15S Chairman Kirchoff opened the hearing at 6:13 p.m. with the reading of publication #7062 as published in the Hutchinson Leader on July 3, 2003. Ms. Wischnack commented on the lot split and explained the proposal for the drive —thru. She explained the overall plan of the area includes adequate parking. She stated concerns of staff were mainly with the entrance and access off Hwy 15. She commented on the letter received from RTM addressing the staff concerns. Ms. Wischnack stated the staff recommends approval of the request with the following staff recommendations: 1, Pedestrian crossing is required to be connected to the trail located along Highway 15 and a pedestrian striping should be provided in the parking lot. 5tc,)c.0 Minutes Planning Commission - July 15, 2003 Page 5 2. There must be emergency service access around the building. Fire hydrants must be located no farther than 400 feet from the building. 3. The southerly access must be closed to avoid traffic congestion problems. 4. The parking lot layout should change to provide angled parking. 5. Provide final landscaping information to the City Forester prior to installation. Discussion followed on the south access drive. Jon Bogart, Engineer for the project, explained the difference between McDonald's south access and the proposed Arby's access. He commented on the differences regarding the length of stacking which would make a difference when entering the south entrance. He reported RTM would request to maintain the south entrance as a one -way . Mr. Bogart commented on the perpendicular parking as opposed to the angle parking. Discussion followed on the space between the drive -thru and the parking area which seemed close. There was also discussion regarding the possibility of angle parking along the drive -thru side of the building. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Currimbhoy. The hearing closed at 6:40 p.m. Mr. Haugen made a motion to recommend approval of the lot split with staff recommendation. The lot split must reflect an allowance for cross parking arrangements and also easements to the other properties for the main access drive on the western portion of the lot. Seconded by Ms. Otteson. The motion carried unanimously. Mr. Currimbhoy made a motion to approve the Conditional Use Permit with staff recommendations 1 -5. The motion failed for lack of a second. Ms. Otteson made a motion to recommend approval of the Conditional Use Permit with staff recommendations 1,2 and 5. Recommendations 3 would be the south access must be a one -way entrance and recommendation 4 the parking would remain as included on the proposed site plan. Seconded by Mr. Haugen. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held July 22, 2003 in the Council Chambers at 5:30 p.m. e) CONSIDERATION OF AMENDMENT TO SECTIONS 3 AND 7 ADDING DEFINITION OF RESIDENTIAL DOG KENNEL AND REGULATION OF PLACEMENT OF RESIDENTIAL DOG KENNELS IN YARDS. Chairman Kirchoff opened the hearing at 6:46 p.m. with the reading of publication #7063 as published in the Hutchinson Leader on July 3, 2003. 5(z)b Minutes Planning Commission —July 15, 2003 Page 6 Ms. Wischnack commented on staff consensus stating the issues might not be addressed by setback. She stated the issues noted by the Police Department were complaints of noise and not often odor. She presented examples of properties and possible placement of dog kennels with the new ordinance. She commented on a letter received by Mr. and Mr. Manthey in favor of the ordinance. Discussion followed on including side yards in the ordinance as opposed to rear yards only and discussed at earlier meetings. Barry Greive, Building Official, stated this ordinance would be difficult to enforce. He explained the area of enforcement needed and reported the City does not have the manpower. He recommended following the City Code and not adding an ordinance to the Zoning Code. Mr, Manthey, 725 Lakewood Dr. SW, commented on his letter and asked that all owners of dog kennels be made to comply. Mr. Hantge made a motion to close the hearing. Seconded by Ms. Otteson. The hearing closed at 7:10 p.m. Mr. Fraser made a motion to recommend approval of the ordinance changing the language to include only the area behind the plane of the house and the 10 foot setback from the lot line shall be adhered to. Seconded by Mr. Hantge. There was a roll call vote. Mr. Hantge, Mr. Currimbhoy, Mr. Fraser and Mr. Flaata 19 voting aye. Ms. Otteson, Chairman Kirchoff and Mr. Haugen voting nay. The motion carried on a 4 -3 vote. Ms. Wischnack stated this item will be placed on the City Council regular agenda at their meeting held July 22, 2003 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS a) CONSIDERATION OF FINAL PLAT TO BE KNOWN AS RAVENWOOD WEST Ms. Baumetz commented on the final plat and the reviewed the recommendations of the preliminary plat. She stated staff recommends approval with the following recommendations with the addition of a fourth item requiring escrow dollars for boulevard tree plantings: 1. Additional fees will be collected at the time of building permit. 2. The property owner must record the covenants for the development. 3. Improvements /progress must be acceptable and approved by the City Engineer for issuance of building permits and certificates of occupancy for the entire development. As with all development, the City reserves the right to withhold permitting and occupancy within the development. Mr. Hantge made a motion to recommend approval of the request with staff recommendations adding item #4. Seconded by Mr. Flaata. The '5 t! q) (r-, Minutes Planning Commission - July 15, 2003 Page 7 motion carried unanimously. Ms. Bauemtz stated this item will be placed on the City Council consent agenda at their meeting held July 22, 2003 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF FINAL PLAT TO BE KNOWN AS SOUTHWIND Ms. Wischnack commented on the final plat of 48 lots and location of the property. She stated staff recommends approval with the following recommendations adding a sixth item requiring escrow dollars for tree plantings: 1. The subdivision agreement must be drafted and reviewed. 2. The revised grading plan with the right turn lane off of Jefferson Street and storm water revisions should be provided. 3. The wetland mitigation document does not have to be provided, since the phase that impacts the wetland area is not being final platted at this time. 4. The name of the company who will be responsible for maintenance of Outlot A and the general development maintenance must be provided. 5. The private tile line agreement document must be signed and the City must receive a copy. Ms. Wischnack stated the items must be completed before the Final Plat may be brought to the City Council for action. Ms. Otteson made a motion to recommend approval of the request with staff recommendations adding item #6 and also requiring the recommendations be completed before the final plat is brought to City Council. Seconded by Mr. Haugen. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda possibly at their meeting held August 12, 2003 in the Council Chambers at 5:30 p.m. 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF Downtown Guidelines - Ms. Wischnack stated next month Mr. Bob Claybaugh will present the downtown plan. CD's or Volumes - Ms. Baumetz stated we now have the Comprehensive Plan, AUAR, Housing Study and Downtown Plan on the web, CD's or volumes. 7, ADJOURNMENT There being no further the meeting adjourned at 7:30 p.m. , (Q)b IV. PIONEERLAND LIBRARY SYSTEM OFFICIAL PROCEEDINGS MINUTES OF THE BOARD MEE'T'ING THURSDAY, JUNE 19, 2003 AT 7:30 P.M Pursuant to due call and notice thereof, a regular meeting of the Pioneerland Library System Board called to order at 7:30 p.m. by Chair John Baker on Thursday, June 19, 2003 in the Willmar Public Library Building Multipurpose Room, Willmar, MN. Roll call was taken and the Secretary announced a quorum was present. Chair Baker opened the meeting with the announcement that James Larson of Ortonville, MN would be their new representative. Chair Baker requested approval of the agenda subject to additions/deletions: Board members requested the following additions: V. Committee Reports: A. Finance: 7. Strategic Plan FY 2004 -2006; 8. Delivery Grant; 9.2003 Grant Revenues. Reckdahl motioned approval of the agenda as presented with amended additions, seconded by Berg -Perry. Motion carried. Board member Hanemann moved for the approval of the May 15, 2003 minutes, seconded by J. Johnson. Motion carried. Chair Baker moved to committee reports. Finance Committee Chair Weiberg presented for the Finance Committee. Weiberg motioned to accept the May 2003 Financial Report, seconded by Clouse. Motion carried. A motion was made by Weiberg to accept the Bills and Check Registers as presented, seconded by Wilde. Motion tamed. Weiberg moved to approve the "2004 Budget for PLS" for operations with revenues established at $3,354,716 and Expenses at $2,844239 (includes unreserved/designated working capital of $686,396 under revenues and $510,477 under expenses) as presented, seconded by Wilde. Motion carried. A motion was made by Weiberg to approve a FY 04 Regional Library Basic System Support (RLBSS) Grant Application for FY '04 in an amount of $430,677,49 and authorize signatures, seconded by Ueland. Motion carried. A motion was made by Weiberg to authorize a KCLL Contract with signatures, seconded by Clouse. Motion carried. Weiberg moved to authorize LSTA Applications for a project at the Winsted Public Library and for a delivery grant and for a Report on the FY03 delivery grant with signahms, seconded by Knutson. Motion carried. A motion was made Hale to approve the "Strategic Plan FY 2004 — 2006" for P.L.S., seconded by Berg - Perry. Motion carried. Weiberg moved to approve a revised "PLS Grant Totals" for 2003 (spread sheet dated June 17, 2003) in an amount of $238,180, seconded by Reigstad. Motion carried. A motion was made by Weiberg to approve the "Southwest/West Central Service Cooperative PLS Delivery Services Contract for 2003 - 2004" in an amount of $38,800.00 and authorize signatures, seconded by Berg -Perry. Motion carried. Chair Baker moved to the negotiating committee item and referred that to later in the meeting. Chair Ramona Berg -Perry presented for the Ad Hoc Committee on Financial Future/Strategic Planning Committee. She highlighted the meeting (minutes from the June 3, 2003 meeting enclosed with packet). Chair Baker noted the Strategic Plan FY 2004 —2006 was distributed at the May 15, 2003 and approved earlier in this meeting. Chair Huesing of the Technology Committee presented their recommendation for a 2003 and 2004 Technology Budget. A motion was made by Huesing to approve the "Budget 2003 and 2004 PLS Outline" for operations with revenues established at $301,692 and Expenses at $221,335, with a seconded by Berg -Perry. Motion carried. John Baker called for a presentation by the Grant Committee Director Houlahan reviewed the findings of the Grant Committee and their recommendations (minutes from the May 7, 2003 meeting enclosed with packet). There was a motion by Kamrath to establish a "Grant Policy" for PLS dated isMay 7, 2003, seconded by Hamenmam. Motion carried. 5C06? 0 Chair Baker moved to the Personnel Committee and requested direction. Assistant Director Matson explained there were no discussion /action items. Director Houlahan did note that the Minnesota Legislature 2003 amended the Pay Equity Law. PLS will next be required to report in January 2006, Chair John Baker moved back to the Negotiations Committee and turned the meeting over to Lead Negotiator Ueland. Ueland referred the board to a letter received from "Frank Madden & Associates" of Plymouth, MN dated May 22, 2003. Lowell Ueland reviewed the letter and compared the referenced citations back to the "Agreement between PIONEERLAND REGIONAL LIBRARY SYSTEM and AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL -CIO LOCAL UNION NO. 1826 (January I, 2003 through December 31, 2003) ". 'the board held discussion on various points contained in the letter and asked for cWfication/interptetation on a number of issues. After a review was made, Chair Baker asked the board if they desired to go into closed session to look for labor strategies on how to proceed with negotiations. Board member Lopez motioned to close the regular meeting at 9:03 p.m. for "Labor Strategies" planning, seconded by Reckdahl. Motion carried. Lead Negotiator Ueland provided analysis with the board providing questions on the attorney "findings" and the "how to proceed" based on the findings. A motion was made by Reckdahl to reconvene the regular meeting at 9 :26 p.m. with a second from Hannenmann. Motion carried. Chair Baker called for the board's considerations on the matter of labor strategies. Board member Clouse requested to formally be removed from the negotiations committee. Other board members called for Clouse to reconsider. Chair Baker called on the hoard for their requested action on the matter. Board member Groves- Speece made a motion to accept All Clouse's resignation from the Negotiating Committee and appoint Paul Setzepfandt of Renville County as the committee replacement effective immediately, seconded by Wilde. Motion carried. Chair Baker followed with discussion on the attorney letter of findings and the tentative union contractual agreement. He requested the direction of the board. A motion was made by Silvemale to approve "Agreement between PIONEERLAND REGIONAL LIBRARY SYSTEM and AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL -CIO LOCAL UNION NO. 1826 (January 1, 2003 through December 31, 2003)" with a second by Ueland. Upon a vote there were 9 ayes and 14 nayes. Motion failed. Chair Baker asked for the board's direction. It was the consensus of the board to direct the Negotiating Committee to meet with the State of Minnesota - Bureau of Mediation Services and the AFSCME Union to consider the attorney letter of findings and request changes to the proposed agreement as tentatively agreed to by the union. Lead Negotiator Ueland advised the board that with the failure to approve the agreement, everything was back on the table for discussion. Chair Baker moved on to Old Business. Director Houlahan referenced the information in the board packet concerning the legislative update and Report of Director. He did not have anything further to offer. Baker moved to New Business. There being none, moved on. John Baker asked if any one had Other Business. There being none. Ile requested adjournment. A motion was made by Silvemale to Adjourn at 9:28 p-m., seconded by Weiberg. Motion carried, Garrison Hale Secretary 5(c)7 r1 L J L J PIONEERLAND LIBRARY SYSTEM BOARD MEETING June 19, 2003 Number of signatories with appointed representatives: 27 Quorum of signatories: 14 Signatories present: 20 Present: Alvin Maas Jack Johnson Jeffrey Lopez Diane Beck Stacy Grothem Grant Knutson Amy Wilde Joan Reckdahl Paul Setzepfandt John Baker Allen Gislason Herb Rotunda Neva Kamrath Vern Silvemale Clyde Bratlie Lowell Ueland Julie Jury Sarah Groves- Speece Herman Hanemann Pam Dille Garrison Hale Al Clouse Ramona Berg -Perry Mary Huesing Eric Weiberg Daniel Reigstad Absent: Dean Shuck* Barb Borth* Ivey Vonderharr* Stacey Schuette* Gary Johnson* Dr, Les Potas Karen Roker* Art Abel* Jack Sandberg* Lowell Broberg James Larson Jim Schueller* *excused absence Big Stone County Chippewa County Chippewa County Kandiyohi County Kandiyohi County McLeod County Meeker County Meeker County Renville County Swift County Yellow Medicine County Appleton Canby Dawson Fairfax Glencoe Granite Falls Hector Hutchinson Litchfield Madison Olivia Willmar Willmar Willmar Willmar Kandiyohi County Kandiyohi County Lac qui Parle County McLeod County Yellow Medicine County Benson Bird Island Graceville Hutchinson Kerkhoven Ortonville Renville 0 lJ r L. TO: Mayor and City Council FROM: Tom Kloss, Director of information Technology RE: Obsolete Computer Equipment Update DATE: August 22nd, 2003 There was success with the three items sold at the last auction, We will attempt to auction off ten additional PC's at the auction in September. When we hit the end of the market demand based on the auction results, we will donate the remaining inventory to the school district. 5(�)� 0 1] RESOLUTION NO. 1-)241 RESOLUTION TO SELL AT AUCTION COMPUTER EQUIPMENT DECLARED UNUSEABLE RY THE CITY BE IT RESOLVED BY THE CITY COUNCIL OF THIS CITY OF HUTCHINSON, MINNESOTA: THAT the City ol'llutchinson has computer and other data processing equipment, which has been declared obsolete for City use. THAT the Hutchinson City Council hereby approves the sale A auction of obsolete equipmeut identi lied below- Computer Serial Number Model Number ' Speed0m, . ^.Memo s„ HP Vectra VE8 Seric5 MT6 US85009558 D6547E 450 64 MB HP Vectra VE US90509300 D65847 400 68 MB HP Vectra VE US91213992 D6547E 350 64 MB HP Vectra VE US91215047 D6547E 350 64 MB HP Vectra VE U591214946 D6547E 350 64 MB HP Vectra VE US91214004 D6547E 350 64 MB HP Vectra VE US90605200 D6547E 350 65 MB HP Vectra VE U591214974 D6547E 350 67 MB HP Vectra VE US90610293 D6574A 350 69 M8 HP Vectra VE I US83811711 D6547E 1 333 66 MB Adopted this 26t" day of August, 2003- A'TT'EST: Mr. Gary Plotz City Administrator Mr. Marlin Torgerson Mayor C' E Police/Emergency Management Services w _ � 10 Franklin Street SW Hutchinson, MN 55350.2464 320- 587.2242/rax 320 -547 -6427 The Honorable Marlin Torgerson City of Hutchinson 111 Hassan St SE Hutchinson, MN 55350 Dear Mayor Torgerson: The 29th Annual Arts and Crafts Festival / Taste of Hutchinson sponsored by the Hutchinson Area Chamber of Commerce will be held Friday, September 12 from 10:00 a.m. to 6:30 p.m. and Saturday, September 13 from 9:00 a.m. to 4:00 p.m. Because of the difficulties we have encountered in the past, due to enforcement action we have taken along Jefferson Street regarding parking complaints, I would like to request that the council pass a resolution temporarily suspending the parking restrictions. I would request that parking be allowed on the west side of Jefferson Street from Washington Avenue to Fifth Avenue SE. These five blocks are currently signed . "No Parking Bike Lane" on the west side. I would request that this temporary easement in parking enforcement be in place from 6:00 a.m. on Friday the 12th until 6:00 p.m. on Saturday the 13th. The police department would work with the street department in coordinating the marking of the signs. Due to traffic congestion problems along Main Street and around Library Square during this weekend we are also going to move the weekly Saturday Farmer's Market to First Avenue SW between Franklin Street and Glen Street. Please advise us of your wishes. Respectfully, HUTCHINSON POLICE SERVICES David E. Erlandson Lieutenant DEE:Ikg n Printed un recycled p,C, - 5 / /\ \',.^ `+ J Cy } � r . Resolution No. 12244 RESOLUTION TEMPORARILY SUSPENDING PARKING RESTRICTIONS ON JEFFERSON STREET WHEREAS, the 29«' Annual Arts and Crafts Festival/Taste of Hutchinson will be held Friday, September 12 from 10:00 a.m. to 6:30 p.m. and Saturday, September 13 from 9:00 a.m. to 4:00 p.m.; and WHEREAS, there have been difficulties in the past along Jefferson Street regarding parking complaints; and WHEREAS, there have also been traffic congestion problems along Main Street and around Library Square during this weekend; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Parking will be temporarily allowed on the west side of Jefferson Street from Washington Avenue to Fifth Avenue SE. 2. The weekly Saturday Farmer's Market will be moved to First Avenue SW between Franklin Street and Glen Street. . Adopted by the City Council this day of September 2003. Gary D. Plotz, City Administrator Marlin Torgerson, Mayor RESOLUTION NO. _12246 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchin:;ou City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET Gym Divider 17,941 Separation of gym activities Rec Yes Center Erick 'Tuckpointing 20,824 Library rehab Library Yes The following items were authorized due to an emergency need: ITEM Date Approved: . Motion made by: Seconded by: COST PURPOSE I DEPT. I BUDGET VENDOR Specialized Prod. Karr Tuckpointing VENDOR Resolution submitted for Council, action by: FPnnNrh Merrill_ Finartra nis er�a� 5S3 . RESOLUTION NO. 12252 RESOLUTION AUTHORIZING CITY OF HUTCHINSON TO APPLY FOR MINNESOTA OFFICE OF ENVIRONMENTAL ASSISTANCE GRANT /: V on Y'J WHEREAS, the City of Hutchinson has made application to the Office of Environmental Assistance for a solid waste processing facilities capital assistance grant to construct a compost facility; and, WHEREAS, through the City Council, the City of Hutchinson will implement the project, provide necessary local financing, and accept and exercise the governmental powers necessary to develop and operate the project; THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON THAT: The City Council authorizes the Director of Water /Wastewater /Resource Recovery to sign the Preliminary Capital Assistance program grant application on behalf of the City of Hutchinson. . Approved by the City Council this 26`h day of August, 2003. • ATTEST: Marlin Torgerson, Mayor Gary D. Plotz, City Administrator • PUBLICATION NO. ORDINANCE NO. 03 -354 AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE, CITY OF HUTCHINSON TO INCLUDE CERTAIN LAND OWNED BY RODNEY AND ANN RIEWER (25.86 ACRES) ABUTTING THE CITY OF IIUTCHINSON PURSUANT TO MINNESOTA STATUTES 414.033, SUBDIVISION 2(3) WHEREAS, the ordinance is being amended to exclude the City of Hutchinson property to properly follow the state statues. WHEREAS, Rodney and Ann Riewer, property owners have filed a petition for annexation of certain land, as legally described below: The Northwest Quarter of the Southwest Quarter of Section Eight (8) in Township One Hundred Sixteen (116) North of Range Twenty -nine (29) West NOW KNOWN AS —L.ot Seven (7) of "Auditor's Plat of the South One Half of Section 8 Township 116 North Range 29 West of the 5a' P.M." ALSO Beginning at a point on the East boundary line of Section Seven (7) in Township One Hundred Sixteen (116) North of Range Twenty -nine (29) West 5.25 chains South of the Quarter Corner of the East boundary line . of said Section 7; thence West 13.35 chains to the center of the Hutchinson and Glencoe public highway; thence Southeasterly along said centerline to a point which is 16.72 chains North and 4 chains West of the Southeast corner of said Section 7; thence East 4 chains to the East line of said Section 7; thence North along said East line to the point of beginning. NOW KNOWN AS -- Lot Ten (10) of "Auditor's Plat of Section 7, Twp. 116 N., Range 29 W" excepting from said Lot 10 the Southerly 182.4 feel thereof ALSO the North 39 feet of the Southwest Quarter of the Southwest Quarter of Section 8, Township 116, Range 29 NOW KNOWN AS — Lot Six (6) of "Auditor's Plat of the South One Half of Section 8, Township 116, North of Range 29 West of the 51" P.M." EXCEPTING from the above described tracts the following described tract, to -wit: That part of Lot Ten (10) of "Auditor's Plat of Section 7, Twp, 116 N., Range 29 West" AND That part of Lot Seven(7) of "Auditor's Plat of the South One llalf of Section 8, Township 116 North Range 29 West of the 5"' P.M." AND that part of Lot Six (6) of "Auditor's Plat of the South One Half of Section 8 Township 116 North Range 29 West of the 5t' P.M -" described as follows, to -wit: Commencing at the Southeast Corner of said Lot 10; thence North 1 degree 47 minutes 18 seconds East, assumed bearing, along the East line of said Lot 10, 182.4 feet to the actual point of beginning of the tract to be described; thence North 89 degrees 35 minutes 28 seconds West, parallel with the South line of the Southeast Quarter of said Section 7, 365.98 feet to the centerline of County State Aid Highway No. 25; thence North 25 degrees 09minutes 53 seconds West, along said centerline, 300 -00 feet; thence South 89 degrees 35 minutes 28 seconds East, parallel with the South line of the Southeast Quarter of said Section 7, 502 -00 feet, to the East line of the Northwest Quarter of the Southwest Quarter of said Section 8, 48.67 feet; .thence south 1 degree 47 minutes 18 seconds West, parallel with the East line of said Loot 10, 272.13 feet to a line drawn 39.00 feet South of and parallel wi th the South line of the Northwest Quarter of the Southwest Quarter of said Section 8; thence North 89 degrees 53 minutes 17 seconds West, along said line, 48.67 feet to the East line of said Lot 10; thence North 1 degree 47 minutes 18 seconds East, along said East line, 1.44 feet to the actual point of beginning. (C) 1 Ordinance No. 03 -354 Riewer property September 9, 2003 Page 2 • AND ALSO: A 33.0 fool wide strip of land lying westerly of and adjoining the easterly line of Lot 24 of the Auditor's Plat of Lot 15 of the Auditor's Plat of Section 7, Township 166 North, Range 29 West, McLeod County, Minnesota. The north line of said strip of land being the south line of the North 150.00 feet of said Lot 24 and the south line of said strip of land being the south line of the North 400.00 feet of said Lot 24. AND ALSO: A 33.00 foot wide strip of land lying westerly of and adjoining the easterly line of Lot 24 of the Auditor's Plat of Lot 15 of the Auditor's Plat of Section 7, Township 116 North, Range 29 West, McLeod Comity, Minnesota. The north line of said strip of laird being the south line of the North 400.00 feet of said Lot 24 and the southerly line of said strip of land being the northerly line of CiTY OF HU'rCH1NSON STREET RIGHT OF WAY PLAT NO. 7, according to the recorded plat thereof be annexed to the City of Hutchinson, and WHEREAS, the Riewers indicate that they are the sole owners of the property, that the property is unincorporated, abuts the limits of the City of Hutchinson, is not included within any other municipality, is not included in any area that has already been designated for orderly annexation pursuant to Minnesota Statues • 414.0325, and is approximately 25.86 acres in size. NOW, THEREFORE, the City Council of Hutchinson, Minnesota does hereby ordain: • SECTION 1. The City Council hereby determines and finds that the property abuts the municipality, that the area to be annexed is 60 acres or less, that the property is not included in any area that has already been designated for orderly annexation pursuant to Minnesota Statues 414.0325, that the municipalityhas received a properly prepared Petition for A inexation from all of the owners of the property, and that the Petition complies with all of the provisions of Minnesota Statutes 414.033 Subd. 2(3). SECTION 2. The property is urban in nature or about to become so. SECTION 3. The corporate limits o f the City of Hutchinson are hereby extended to include the Property and the same is hereby annexed to and included within the City of Hutchinson as if the property had originally been part thereof. SECTION 4. The City Administrator is directed to rile copies of this ordinance with the Minnesota Stale Planning Agency, Hassan Valley Township, the McLeod County Auditor, and the Minnesota Secretary of State. SECTION 5. This ordinance takes effect upon its passage and publication and the filing ofthe copies as directed in Section 4 and approval of the Ordinance by the Minnesota State Planning Agency. Adopted by the City Council this 91h day of September, 2003. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor .5(x)1 r,1 LJ MEMORANDUM Hutchinson City Center 111 ttannan Street SE Hutchinson, MN 55,150.2522 320 - 587- 5151/17ax 320- 234.4240 DATE: August 21, 2003 TO- Hutchinson City Council FROM: Iiutchinson Planning Commission SUBJECT: CONSIDERATION OF ANNEXATION BY ORDINANCE AS REQUESTED BY RODNEY RIEWER, (25.86 ACRES) Pursuant to Minnesota Statute 414 -033, Rodney and Ann Ricwer, have petitioned to annex approximately 25.86 acres of Section 8 of Hassan Valley Township. HISTORY The applicant bas petitioned the City of Hutchinson to annex approximately 25.86 acres located in Hassan Valley Township for the development of residential lots. An annexation request was withdrawn for this property in July of 2000. A conceptual predevelopment meeting was held with Farr Development on July 18, 2003. They indicated a density of approximately 4 units per acre were planned for the area. Discussions centered around services to the area, City uses across the river from this development, and the flood plain levels for the property. FINDINGS _ F(? FACT 1. The required petition was submitted. 2. Notices were mailed by certified mail to the surrounding property owners as well as published in the Hu chinson Leader on Thursday, August 7, 2003. 3. The proposal is in conformance with the requirements for annexation. RECOMME DATIO The Planning Commission voted unanimously to recommend approval of the annexation request noting staff recommendations as follows: Staff recommends approval of the annexation by ordinance because the property is adjacent to the municipal boundary on the northeastern portion and the property will have access to sewer. The applicants should be aware that until municipal water is available to the property, development may not occur. There will also be an assessment for the sanitary sewer line (excluding actual costs for connecting to the sewer line.) Respectfully submitted, Dean Kirchoff, Chairman Hutchinson Planning Commission • Cc: Rodney and Ann Riewer, 1445 Jefferson Rd Farr Development, Lucinda Gardner, 3025 Harbor Suite 317, Plymouth MN 55447 Pwued on recycled pr� - 5 (CD � IX ICE CITY Mms Eaq 41W X.£ 4 V_ V t I Jefferson Street If BLOOK 1 i Municipal Boundary j Riewer Property j Approbmatety 25 Acres s �- iD Mg 0 J CITY OF HUTCHINSON PLANNING STAFF REPORT To: Hutchinson Planning Commission From: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Lisa McClure, Jake Wegner, Jean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dave Erlandson, Dick Nagy, Jnlie Wiccbnark, AI P, and Ronnie Haumetz Date: August 4, 2003 — Meeting Date August 19, 2003 Re: Annexation — Rod and Ann Riewer Brief Description The applicant has petitioned the City of Hutchinson to annex approximately 25.86 acres located in Hassan Valley Township for the development of residential lots. An annexation request was withdrawn for this property in July of 2000. A conceptual predevelopment meeting was held with Farr Development on July 18, 2003. They indicated a density of approximately 4 units per acre were planned for the area. Discussions centered around services to the area, City uses across the river from this development, and the flood plain levels for the property. (The attached map provides the location where the property line meets the city boundary.) GENERAL INFORMATION Existing Zoning: A -1 Agricultural Property Location: 1445 Jefferson Street South Lot Size: Approximately 28 acres Existing Land Use: Rural Residential Adjacent Land Use And Zoning: Industrial to the east, agricultural surrounding property Comprehensive Land Use Plan: Low density single family Zoning History: The Shimek property to the west was annexed and platted within the past year. Applicable Regulations: NfN Statues 414 Recommendation: Staff recommends approval of the annexation by ordinance because the property is adjacent to the municipal boundary on the northeastern portion and the . property will have access to sewer. The applicants should be aware that until municipal water is available to the property, development may not occur. There will also be an assessment for the sanitary sewer line (excluding actual costs for connecting to the sewer line.) Cc: Rod and Ann Riewer, property owners 5(C-)� C 0 Hutchinson City Center 111 Hnssen Street SE Hutchinson, MN 55350.2522 320 - 589- 5151/Fax 320- 230.4240 M E M O R A N 1) U M FROM. John P. Rodeberg, Director of Engineering/Public Works RE: Farr Development (former Rod Reiwer Property) DATE: 7/17/03 Issues related to the development of the above referenced property: 1. Sanitary Sewer connection will be from the South Area Trunk line, either in the NE corner of the property near the river, or in the NW comer of the property, on the east side of Jefferson Street. Line needs to be sized to serve property south of this property and east of Jefferson Street, per Comprehensive Plan. 2. Watermain shall be looped from the 8" DIP line on Jefferson Street south of Jefferson Court to the proposed 12" DIP line at Edmonton Avenue and Jefferson Street. 3, Storm Sewer requirements shall include the construction ofponding to meet NPDES criteria for the site. No areas outside of the immediate property are proposed to be served through this line. 4. Street Construction shall include a connection to Jefferson Street at Edmonton Avenue (proposed 4 -way stop). Reconstruction of Jefferson Street to urban standards is expected with development in the area. Limited access to Jefferson Street is proposed. 5. Other: a. Trails are being planned on the north side of Edmonton Avenue and the east side of Jefferson Street. Internal sidewalk/trail for safe access to this system should be provided. b. Park Dedication: Land is not proposed for dedication in this area. A cash contribution, per City Ordinance, shall be made. c. Electrical Service shall be from Hutchinson Utilities. There will be an access fee of $800 per housing unit. 0 G: \PLANNING \Subdivision\Farr - Engineering 7- 17- 03.DOC Printed on recycled paper- NOTES RIEWER ANNEXATION CONCEPTUAL PREDEVELOPMENT MEETING Friday, July 18, 2003 8:30 am. Julie Wischnack commented on the location of the property between Jefferson St. and the Crow River. Representatives from Farr Development stated the property would be developed a residential subdivision at 4 units per acre of the developable property. There will be single and two family homes and possibly four family will be included in the development. Don Nelson explained electricity will be available to Edmonton late this summer. John Webster stated natural gas is currently on the west side of Jefferson St. Presently there is limited capacity to the cul de sac. He reported there is a line on Sherwood St. which would increase capacity. This line would come down Edmonton Avenue when completed, Engineering has stated this could be Fall of 2004. John Rodeberg stated they were bidding Edmonton Ave. today. fIe explained utilities could be in by October the street completed by July, 2004. He reported Edmonton Ave. and Jefferson St. are state aid roads. John stated the sanitary sewer will be available on the north end of the property. He explained the watermain shall be looped from the 8" DIP line on Jefferson Street south of Jefferson Court to the proposed 12" DIP line at Edmonton Avenue and Jefferson Street. John stated a right turn lane into the development off of Jefferson will be required. Limited access to Jefferson Street is proposed. Reconstruction of Jefferson Street to urban standards is expected with development in the area. John commented on the major trail system in the area. Internal sidewalk/trail for safe access to this system should be provided. Parkland contribution will be required and collected with the building permit fees. The property is in the electrical service territory which means an access fee of $800.00 per unit will be collected. Sewer and water access fees will cost approximately $2200 per unit. John stated he would prefer no cul de sacs and the roads could be 32' right of way. Ken Merrill commented on the bonding process. Lucinda Gardner stated they would provide a letter of credit. Lenny Rutledge asked about the density in the area. Mike Gair stated that bas not been determined_ John Olson commented on the City uses across the river. He reported there are the following uses: Wastewater treatment facility, compost facility, Law enforcement pistol range, Fire tower for Fire and Police Department training. He stated the bio- solids facility is quite noisy. Sgt. Doug Johnson stated there is a state wide law enforcement training facility on the site. Jim Popp commented on access for emergency services. He stated a loop road is preferred and a water supply is necessary. Cal Lee stated there is telephone service on Jefferson St and will work with electric in a common trench. Judy Flemming commented on the type of housing. Mike Gair stated it would be upper class market rate. � 1 LJ 5(c)1 r-1 L -.� PUBLICATION NO. ORDINANCE NO. 03 -355 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUTCHINSON FOR A PROPERTY TO BE REZONED FROM R2 TO C4 LOCATED AT 222 -5 °i AVE. NW THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: WHEREAS, the following described real property is hereby rezoned from R2(Medium Density Residential) to C4 (Fringe Commercial) as requested by property owner: LEGAL DESCRIPTION: Lots Three and Four (3 and 4) Block Ten (10) in the Townsite of Hutchinson, North Half WHEREAS, the City Planning Commission and City Council have considered the effects ofrezoning this piece o I' property; WHEREAS, there are certain parameters that will make this rezoning appropriate for this area; THEREFORE; the City hereby officially rezones this property to C4 and it shall take effect upon publication of this ordinance; Adopted by the City Council this 9`t' day of September, 2003. ATTEST: Gary D. Plotz City Administrator is Marlin D. Torgerson Mayor 5(C)a. r L MEMORANDUM DATE: August 21, 2003 TO- Hutchinson City Council FROM: Hutchinson Plamling Commission Hutchinson City Center ttt Hassan Street SE Hutchinson, MN 55350 -2522 320.587.5151/Fm 320 -2- 74.4240 SUBJECT. CONSIDERATION OF REZONING OF PROPERTY LOCATED AT 222 -5TH AVE. N.W. BY STEVE GASSER, APPLICANT, FROM R2 TO C4 Pursuant to Section 6.05 ofZoning Ordinance, Chapter 11, Hutchinson City Codc, the I lutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for rezoning. HISTORY The applicant is requesting to rezone property located at 222 -5th Ave. NW from R2 to C4 to use as an office building. The property is presently a vacant church building abutting a C4 district. Mr. Gasser is the prospective property owner. Both residential and commercial properties are found throughout the neighborhood. This property is adjacent to commercially zoned property. The property only has a gravel surface for parking and for access. The plans provide for a 50 x 50 foot paved parking lot area. The driveway access is required to provide 6 feet of setback from the property line. The parking requirements, if 2,000 square feet of space was used, would require 10 parking spaces- 0 FINDINGS OF FACT Cl 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson L_pader on August 7, 2003.. 3. A public hearing was held at which there were no neighbors objecting to the request. RECOMMENDATION The Planning Commission unanimously voted to approve the rezoning with the following requirements: Conditions of pavement, parking stalls, landscaping etc. will be added to the building permit or excavation permit, when requested. Respectfully submitted, Dean Kirchoff, Chairman Hutchinson Planning Commission cc: Steve Gasser, 19776 -209m St. NW Ronald McClung, Iowa -MN District The Wesleyan Calvary Church, P).O. Box 485, Charles City IA 50616 Prinied on recycled paper - 1 (C),D, CITY OF HUTCHINSON PLANNING STAFF REPORT • To: Hutchinson Planniog Commission Prepared By: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Lisa McClure, Jake Wegner, Jean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dave Erlandson, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: August 4, 2003 — Meeting Date: August 19, 2003 Applicant: Stephen Gasser, Applicant The Wesleyan Calvary Church, Property Owner REZONING AND SKETCH PLAN REVIEW Brief Description The applicant is requesting to rezone property located at 222 -5's Ave. NW from R2 to C4 to use as an office building. The property is presently a vacant church building abutting a C4 district. Mr. Crasser is the prospective property owner. • GENERAL INFORMATION Existing Zoning: R2 (Single and Two Family Residential) Property Location: 222-5h Ave. NW Lot Size: 1.08 acre Existing Land Use: Church building Adjacent Land Use And Zoning: C4 (Fringe Commercial) to the West and South R2 (Single and Two Family Residential) to the North and East Comprehensive Land Use Plan: Traditional Residential Zoning History: The Church was built in 1975 and is presently vacant. Applicable Regulations: Section 6.05 Rezoning SPECIAL INFORMATION 0 Transportation: 5t° Ave- NW Parking: Office building less than 20,000 square ft. -- 5 spaces per 1,000 sq. ft- 5(��a Rezoning Request Steve Gasser, applicant Planning Commission— August 19, 2003 Page 2 Analysis and Recommendation: Staff believes that this area has a mixture of uses. Both residential and commercial properties are found throughout the neighborhood. This property ie udjuoent to commercially zoned property. The ptopetty only has a gravel surface for parking and for access. The plans provide for a 50 x 50 foot paved parking lot area. The driveway access is required to provide 6 feet of setback from the property line. The parking requirements, if 2,000 square feet of space was used, would require 10 parking spaces. Staff would recommend approval of the rezoning because the adjacent zoning of commercial is appropriate for this property. (Conditions of pavement, parking stalls, landscaping etc. will be added to the building permit or excavation permit, when requested.) Cc: Steve Gasser, 19776 — 209" St. NW Ronald McClung, Iowa -MN District -The Wesleyan Calvary, P.Q. Box 485, Charles City, IA 50616 I� 5 (C.) ID, r1 u C� Cd 8- i9- 05;,2:25PM;COrp. Ova, Sy StemS ;300 8A7 i9A8 u ,/ I Tuesday, August 19, 2003 Hutchinson Planning Staff City Center 111 Hassan Street SE Hutchinson, MN 55350 IteceNEo AUG 19 O toofj4u2 $Son 6. Subject: Public Hearing Notice on property rezone at 222 5th Ave. NW. I am against the rezone of property located at 222 5th Ave. NW from R2 to C4. There is a demand for lots and housing in Hutchinson so why rezone an area that is currently residential that could be developed? There are ongoing efforts to revitalize downtown and develop other areas that are zoned for commercial use and I believe they should be utilized. I assume that areas have been zoned to group similar needs and resources i.e. parking, police patrols, lighting and do not believe an exception should be made. If it were rezoned I believe that the adjacent vacant lot, 224 5th Ave. NW, would be difficult to sell for housing and would result in another business in our neighborhood. is The additional traffic, both pedestrian and vehicular, would not be appreciated. The church that owns the building, has always been a very small group, with limited traffic and I do not want to see that changed. Sincerely, Kristin Haugen C, J 25U 5ch Ave. NW Hwghimon. MN 553SO4W 720.567 -5183 320.587.1986 Fax Kaein.Ha�yren(�}h�i.hmh.com 5 (C) a r� L 0 RESOLUTION NO, 12242 RESOLUTION APPROVING A CONDITIONAL USE PERMIT REQUESTED BY FLORiAN THODF, TO Ai.LOW OUTDOOR STORAGE ON PROPERTY iN THE 1 -1 DISTRICT FIC�I vY 17_v904FAONX"A-A BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS Mr. Thode, has applied for a conditional use permit to allow outdoor storage on property in the I -1 (Light Industrial) District located at 327 Hwy 7 E. LEGAL DESCRIPTION: The East 142.00 feet of Lot 10 of Auditors Plat of the West Hal F of Section 32, Township 117 North, Range 29 West according to the recorded plat thereof 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use nn the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties to 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 approves the conditional use permit with the following conditions: 1. All items in the front of the garage area be removed. 2. The property may not store unlicensed vehicles or inoperable vehicles on the property. 3. The property owner may not "high pile" items such as tires and other items as to he visible beyond the height of the fence. 4. Staff would make a compliance check within one year of the date of the permit. 5. Weed control must be followed. Adopted by the City Council this 26`h day of August, 2003. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor 0 RESOLUTION NO. 12242 RESOLUTION APPROVING A CONDITIONAL USE PERMIT REQUESTED BY FLORIAN THODE'T'O ALLOW OUTDOOR STORAGE. ON PROPERTY IN THE I -1 DISTRICT LOCATED AT 327 HWY 7 E BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS I- Mr. Thode, has applied for a conditional use permit to allow outdoor storage on property in the 1 -1 (Light industrial) District located at 327 Hwy 7 F.. LEGAL DESCRIPTION: The East 142.00 feet of Lot 10 of Auditors Plat of the West Half of Section 32, Township 117 North, Range 29 West according to the recorded plat thereof. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use 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 approves the conditional use permit with the following conditions: 1. All items in the front of the garage area be removed. 2. The property may not store unlicensed vehicles or inoperable vehicles on the properly. 3_ The property owner may not "high pile" items such as tires and other items as to be visible beyond the height of the fence. 4. Staff would make a compliance check within one year of the date of the permit. Adopted by the City Council this 26`h day of August, 2003. ATTEST: Gary D. Plotr. City Administrator Marlin D. Torgerson Mayor `5 ( e)3 9 DATE: August 21, 2003 TO: Hutchinson City Council MEMORANDUM FROM: Hutchinson Planning Commission Hutchinson City Center 111 11&c n Street $R Hutchin.nn, MN 55350.2522 320.587.SI51117m 320 - 234 -4240 SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY FLORIAN THODE TO ALLOW OUTDOOR STORAGE ON PROPERTY IN THE I -1 DISTRICT LOCATED AT 327 HWY 7 E Pursuant to Section 10.01 of Zoning Ordinance No. 4..64, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. 1-9 TORY The applicant is requesting a Conditional Use Permit to permit outdoor storage on his property located at 327 Hwy 7 East. There have been complaints over the past months regarding the junk stored outside on the property. The requirements in the 1 -1 district include a Conditional Use Permit for outdoor storage. Section 10,0 1 of the Zoning Ordinance states "all materials shall be stored within a completely enclosed building or within the confines of a 100% opaque wall or fence no less than 5 feet tall or other buffering approved by the City Council". Mr. Thode has applied for a fence permit to begin construction of a fence in the front portion of the storage area. He is asking the Council to consider the tree growth presently around the property as a buffer . £or storage that occurs outside. FINDINGS OF FACT 1. The required application and fee were submitted. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on August 7, 2003 3. There were no property owners present objecting to the request. RECOMMENDATION The Planning Commission voted unanimously to recommend approval of the conditional use permit with the following conditions: 1. All items in the front of the garage area be removed. 2. The property may not store unlicensed vehicles or inoperable vehicles on the property. 3. The property owner may not "high pile" items such as tires and other items as to be visible beyond the height of the fence. 4. Staff would make a compliance check within one year of the date of the permit. cc: Florian Thode, 327 Hwy 7 E Respectfully submitted, Dean Kirchoff, Chairman Hutchinson Planning Commission Printed on recycled paper - !_ ( C:)3 CITY OF HUTCHINSON PLANNING STAFF REPORT 0 To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Lisa McClure, Jake Wegner, Jean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Scbnobricb, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dave Erlandson, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: August 4, 2003 — Meeting Date: August 19, 2003 Applicant: Florian Thode, property owner CONDITIONAL USE PERMIT Brief Description The applicant is requesting a Conditional Use Permit to permit outdoor storage on his property located at 327 Hwy 7 East. There have been complaints over the past months regarding the junk stored outside on the property. The requirements in the 1 -1 district include a Conditional Use Permit for outdoor storage. Section 10.01 of the Zoning Ordinance states "all materials shall be stored within a completely enclosed building or within the confines of a 100% opaque wall or fence no less than 5 feet tall or other buffering approved by the City Council". Mr. Thode has is applied for a fence permit to begin construction of a fence in the front portion of the storage area. He is asking the Council to consider the tree growth presently around the property as a buffer for storage that occurs outside. GENERAL INFORMATION Existing Zoning: 11 (Light Industrial) Property Location: 327 Hwy 7 E Lot Size: 1.8 acres Existing Land Use: Residential - Commercial Adjacent Land Use And Zoning: Il (Light Industrial) to the North, West and East R2 (Single and Two family residential) to the Southeast C4 (Fringe Commercial) to the South Comprehensive Land Use Plan: Mixed Use Residential Zoning History: This property was zoned to Industrial in the 1980's. . Applicable Regulations: Section 10.01 —Hutchinson Zoning Ordinance NcJ3 11 ID Conditional Use Permit Florian Thode -327 Hwy 7 E Planning Commission— August 19, 2003 Page 2 SPECIAL INEORNIATION Transportation: Ilwy 7 East Parking: N/A Analysis and Recommendation: The neighborhood officer for this area and planning staff have met with the applicant and have discussed clean up efforts on the property. The fence was installed and there was considerable clean up efforts that have taken place. Staff would recommend that the Planning Commission approve the fencing as a resolution to the outside storage with the following conditions: I. All items in the front of the garage area be removed. 2. The property may not store unlicensed vehicles or inoperable vehicles on the property. 3. The property owner may not "high pile" items such as tires and other items as to be visible beyond the height of the fence. 4. Staff would make a compliance check within one year of the date of the permit. Cc: Florian Thode, 327 Hwy 7 E 11 ! ENGr- av "t'� 142.07 � '(CC5 ELIZABETry A. MEY RS t'r ( SURVEY LOT 110 r. 6 Zarky4( a I IA ok.4. t C6 o i. ` R /1Y T717� b'443ts' : ge! §'3 N . u I4z:oo' 5CA4E:IINCH- idp E Ear �T117 0- 0GNQTSSIRON PIPE- FOUNp _ . o DE-NOTES (Roxmn: S�--1 DESCRIPTION The East 142.00 feet of Lot 10 of Auditors Plat of the West Half of Section 32, Township 117 North, Range 29 West according to the recorded plat thereof. ( I HEREBY CERTIFY THA "F THIS PLAN, SURVEY, OR DRAWN REPORT WAS PREPARED BY ME OR UNDER MY H �� DIRECT SUPERVISION AND THAT I AM A DVLY REGISTERED LAND SURVEYOR UNDER THE LAWSOF THE STATE OF MINNESOTA. CHECK VU —RV QY BY DATE: 10�(21-76 FICG15TRATIONNO.12277 AAG 3Z.- Ff7- z_I? - /y- 02-10 ^ ORNO NC Q �UL PVT RIEKE • CARROLL • MULLER SCOIK45 ASSOCIATES INC. PAVE IS ARCHITECTS • ENGINEERS • SURVEYORS Hopkins Gaylord Fairmont St. Cloud pLE N(x Brainerd Mankato n(4783154 0 J �J RESOLUTION NO. 12243 RESOLUTION APPROVING A CONDITIONAL USE PERMIT REQUESTED BY FORD ROLFE TO AMEND EXISTING CONDITIONAL USE PERMIT TO ALLOW FOR 0' SETBACK FOR PAVING PARKING LOT LOCATED AT 225 -3RD AVE NW BE If RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. lord Rolfe, property owner, has applied to amend a conditional use permit to allow paving of parking lot located at 225-3'd Ave NW up to the property line. LEGAL DESCRIPTION: Lot 9, Block 24, North Half City of Hutchinson 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3, The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, of the conditions, as outlined below arc met. CONCLUSION The City Council hereby approves the conditional use pen- nit- Adopted by the City Council this 26`h day of August, 2003. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor • C DATE: TO: FROM: SUBJECT: Hutchinson City Center 111 Hassan Street SE Hulchlnson, MN 55350-2522 320 - 587- 5151/irax 320. 234.4240 MEMORANDUM August 21, 2003 Hutchinson City Council Hutchinson Planning Commission CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY FORD ROLFE TO AMEND CONDITIONAL USE PERMIT TO ALLOW FOR 0' SETBACK FOR PAVING PARKINGLOT LOCATED AT 225 - 3D AVE NW Pursuant to Ordinance No. 96 -168 regulating the C5 District, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit amendment. HISTORY Resolution 12110, 225 -3" Ave. NW, approving a Conditional Use Permit dated January 28, 2003, condition number 2 states "All parking areas including employee parking must be hardsurfaced no later than June 15, 2003 - The access to the parking area mustbe approved prior to construction." Condition number 6 states "Failure to fallow the conditions of the permit or any city ordinances could result in the revocation of the Conditional Use Permit." On July 28, 2003, Mr: Rolfc obtained the application for hardsurfacing. He is now requesting to hardsurface the parking area on the west side of the building up to the property lines, which can only be granted by amending the conditional use pcnrlit indicating the approval of different setbacks (other tban what arc called out as recommended C5 setbacks in the city code). The Conditional Use Permit is also to include this request- FINDINGS OF FACT The required application and fee were submitted. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on August 7, 2003. There were no property owners present objecting to the request. RECOMMENDATION The Planning Commission voted unanimously to recotntnend approval of the conditional use permit. Respectfully submitted, Dean Kirchofi; Chairman Hutchinson Planning Commission .cc: Ford Rolfe, 203 Hamburg St. SE, Litchfield MN 55355 Dan Huebert, DJM Builders, 225 -3rd Ave NW P..Eod on ft yded P'P° �5(c' ) L{ CITY OF HUTCHINSON PLANNING STAFF REPORT • To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Lisa McClure, Jake Wegner, Jean Ward, John Rodeberg, P.F.., John Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dave Erlandson, Dick Nagy, Julie Wischnaek, AICP, and Bonnie Baumetz Date: August 4, 2003 - Meeting Date: August 19, 2003 Applicant: City of Hutchinson CONDITIONAL USE PERMIT Brief Description As an enforcement action, Planning Staff are going forward with the public hearing process to consider issues of non - compliance on Conditional Use Permits granted to 700 Airport Rd., 805 Hwy 7 West and 225 -3r1 Ave. NW. The conditions of the Conditional Use Permits have not been met in spite of several attempts by staff to urge the property owners to respond with schedules of completion. • Resolution 11421, 700 Airport Rd., approving a Conditional Use Permit dated February 22, 2000, condition number 3 states "Outside storage shall only be allowed behind 100% opaque fence at a height of no less than six feet." Mr. McRaith applied for a fence permit on June 6, 2003. At this time, a fence has not been constructed. The utilities have indicated that there are gas meters inside the possible fence location and would have to he moved. There have also been issues of outside storage at the property. No recent correspondence has taken place with the property owner or the business owner. Resolution 12110, 225 -3'4 Ave. NW, approving a Conditional Use Permit dated January 28, 2003, condition number 2 states "All parking areas including employee parking must be hardsurfaced no later than June 15, 2003- The access to the parking area must be approved prior to construction." Condition number 6 states "Failure to follow the conditions of the permit or any city ordinances could result in the revocation of the Conditional Use Permit." On July 28, 2003, Mr. Rolfe obtained the application for bardsurfacing. He is now requesting to hardsurface the parking area on the west side of the building up to the property lines, which can only be granted by amending the conditional use permit indicating the approval of different setbacks (other than what are called out as recommended C5 setbacks in the city code). The Conditional Use Permit is also to include this request. Existing 'Zoning: • Property Location Lot Size: GENERAL INFORMATION C4 (Fringe Commercial) - 700 Airport Rd C5 (Conditional Commercial) - 225 - 3r4 Ave. NW 700 Airport Rd 225 - 3'd Ave NW N/A 0 11 C, J Conditional Use Permit Ford Rolfe - Hardsurfacing Planning Commission- August 19, 2003 Page 2 Existing Land Use: C4 - Automotive Repair Business (700 Airport Rd) C5 - Construction office (225 -3`0 Ave NW) Adjacent Land Use And Zoning: Surrounded by C4 on the North, East and South. I/C ( htdustrial Cuuuuetcial ) uu the West. - 700 Aitputt Rd Surrounded by C5 on the West, East and North I/C (Industrial Commercial) to the South 225 -3 Ave. NW Comprehensive Land Use Plan: Commercial Zoning History: The properties were issued Conditional Use Permits and the conditions were not completed. Applicable Regulations: Section 6.07 SPECIAL INFORMATION Transportation: Airport Rd. 3^t Ave. NW Parking: N/A Analysis and Recommendation: Staff has struggled with enforcement of conditional use permits for the past several years. As an effort to complete full enforcement of the Planning Commission and City Council decisions, Staff is presenting these matters for resolution. In both cases, compliance plans have been offered and extensions or compromises have been provided. Staff believes, there needs to be reconsideration by the Planning Commission for noncompliance with the originally issued conditional use permits. Cc: Car Shop Inc. 700 Airport Road, Hutchinson MN Berme McRaith, 600 Tyler St. SW Ford Rolfe, 203 Hamburg St. SE, Litchfield MN Dan Huebert, DIM Builders, 225 - 3"' Ave NW 55350 55355 5 �c�u rlumn r.ran 1.384) 1 !9^. —+acv 61 1411 P ro ueY Bench Mark 41411 mN y/i as OYMY. ,I4N'eyal .. sea [IY �I YI1 �In t 71.7 '.' ".7a.0 Y/'i�]Ip- �_� {��� �� .44.71 Y4Ae1 ♦4'1 \�l i4[.Il 1• r,41e Bench Mark; Top of hydrant at Water St and 4th Ave. Elev. 21053.69 Berth Mark, Pack of catch Dolln near BE Cornar of hot 9. Elevc x1042.33 I CERTIFICATE OF SURVEY for FORD R04F I 1 teener wrtily that in;, 44rnyr Plan v MWI was pr[parld ar me w under Scott 1 4 30' M File No. 104195 mr 61411 supervision and tool 1 am a dull Liaeh4ed Land Survgw under Book HTPO 2B Page 52 In, ruin At m[ slat. at Minnesota. id 'ce a P �' Hansen Thorp Pellinen Olson Inc. IG...A Lad Conmilln 8urre ors y 9 E apgren •S:Ie PlhnrNrs au7[._W2{/15¢ — Lklm, No. 9826 1 HUTCHINSON, MR Tel. 587.4769 • SC��y LOT 9, BLOCK . -"RTH HALF OF HUTCHINSON Ienleti:. . 43�C Cohered ;on 1 1pp3 144.9) Penorea proposed . aatlon 3 p 444 .•..a � Iw.e �.,e., .rep .,al A�kEY u(�ir�DO 66.00 Pro �vFa41 avarnlyhk ... 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IG...A Lad Conmilln 8urre ors y 9 E apgren •S:Ie PlhnrNrs au7[._W2{/15¢ — Lklm, No. 9826 1 HUTCHINSON, MR Tel. 587.4769 • SC��y SENT BY: 1,17Y OF HUTCHINSON; 3 214 4TH 40; AdO-Q- M 121C7RIir pAnr APPLICATIONFOR Pr,DDLERS, SOLICITORS ANDTR2l..,NSIEN'r mF�,-p,cj-tA N�,-rs 2" x .1" Pieture Requir(A NAME ENW'��] F0RIvIATVJN FERMANFNI ADDRES& 'J'k,.�,fj)OldARY LOCAL ADDRESS:. 'rEWYORARY I'LLEP I io.%, )� A CC I)RIVER'ST.TCENSE dUXIHER(S ITT E) W (NIT"BER) r HEIGIT�, WETCff'f EYE COLOR -N G T I -T CAF P L�, R �,1'r R. E Q U E N'T F, f ) �) OF SALF: LOCATIONOFSALE-,444 (S 4"" LICENSE Fl-,hS AR'F. AS FOLLOWS : solicilcsrs� pem so'liQ'itors, per Ttansicat Mcr6ant, ptr dity -------------------------------------------------.W......---- -- - -- ----..__ s20000 rninsient XIWeTCh2nt8, per yew ---------- Pcddlcrs, per day..__. --- Pcddlon, per year......- -- ----- - --- ---- ------ ----------- -------- ----- ------- BACKeROUNID'YEATEMENT IL )��,yyCl�y BEEN C.U'�AICTI-A) ()k AN"T'CRIMt, oR-viOLATION OF Jr- YFq, STATENA,ru . ov oFFENSF, AND PIJNISHNIFN"f'0R PENA 1, VY ASSL S.&H)THERM11CORP, L Jk 8EN7 B11". C17Y OF HUTCrIM-SON;, 32C 234 4240; A'A-t2-03 '-K!:E7PM; I)L(SC!kfREIwIETHODC)FDELFV'ERY: Cz DESCRIBF., SOURCE CF SUPPLY- NkME& AI)D,[USS OF SUPPLIER� f"Y /' v 6.;, 5-'i (4 Ll- k' / -174c PROVIDE 2 11R,C)PERTY OWNT-AS (PREFERABLY MCLEOD T NANIE& AD', NAME ADDRESS: DRISS�, PHON F NU M 13 L-K. STATE LASTUTY YOU CARRIJ,,J) ON SAME ACTAITY� CITY/STATE NAME� - Sj../ DATE OFALC-TTVITY- FROM� FADE 3!4 T hzYcby,-cm6, I hayt cvjjipliotl y filledout the entim ubove a t a and that tau gppjjcwioo� is, correct And cat a 0, �tLCL&fdlt, IfUJIY U11I&J'StWId that ally, pusun W40 viol nes All provisio of (1k poddlcr's' Solicitors, and Ttwltnt Met cham 0 (bi , iar.ce No, 673 i� gufluy of a ruisduiN-daux r jpu�j c viocozi ��txcof-Litu& be punkheLi by a Fire, raw 0 199 u exceedWg $ 1000 w by inip6sanumM 16r a Pedod r It exc qdj'7 Of bC i cirbai usc, dic cosu; of 1�1i�raturc orAppkalit Q, Daze N� o will bteforwwrded to ffic City Coww'd unkss decciwl ont we-A prior to the rcgruiar CoLmil meenug complewly fidie%l oW wiffi iequired picR�c OFFICE I IqL POLI(T C'NFU RECOMMENDATION', . ..... ...... . . . ....... 2 06".�e 0 0 0 Page I of 2 06103 Minnesota Lawful Gambling or Board Use Only LG220 Application for Exempt Permit Fee $50 Fes Paid Organization Information Check No Organization name Previous lawful gambling exemption number ILI street }k City Statehdp code County a1�su cl�err� l �� � cln,.nso l N Name of chief executive officer (CEO) Daytime phone number of CEO Include area code Fast name Last name '�AIQ : S�� SAX U L�r Name of treasurer Daytime phone number of First name Last name treasurer. Include area code L 1-2_ V\ (a. 37� -�81 -3 Type of Nonprofit organization Check the item that best describes your organization: _ Fraternal — Religious t,`raleran _ Other nonprofit organization Check the item that indicates the type of proof your organization attached to this application: IRS letter indicating income lax exempt status Certificate of Good standing from the Minnesota Secretary of State's Office A charter showing you are an affiliate of a parent nonprcAtl organization flProof previously submitted and on file with the Gambling Control 9)ard Gambling Premises Information Name of premises where gambling activity will be conducted (far raffles. list the site where the drawing will take place) UFO RC)S [? Address (do not use PO box) City Statalapcode County `i S4 k'�t S 1�— ` Date(s) of activity (for raffles, indicate the date of the drawing) lc, I - I o 3 � u ) 3 Check the item(s) that indicate the type of gambling activity your organization will be conducting: _ 'Bingo _ Raffles (cash prizes may not exceed $12,000) ✓ "Paddlewheels _'Pull,-tabs `Tkpboards 'Equipment for these activities must be obtained from a licensed distributor. This form vdl be made avalable in alternative format (i.e. large print, Braille) upon request. The information requested on this forum (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualification to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the infomration requested; howevK if you refuse th supply this information, the Board may rut be able to determine your qualifications and, as a as segUenCM, may rehose to issue you a permit If you supply the information requested, the Board will be able to process your application. Your name and and your organ®tion'- name and address will be public information when reserved by the Boatel. All the otber information that you provide will be private data about you until the Board hues your permit. when the Board Issues your permit, all or the infonnatinn that you have provided to the Board in the process of applying for your permit will became public if the Board does not Issue you a permit, all the inkimadan you have provided in the process of applying for a permit remains private, with the exception of your flame and your name and address whkh will remain public private data about you are available only to the following: Board members, staff of the that they have aoc�s to the Information; the Minnesota Ueparonent of public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Adminishartict, nuance, and Revenue; the Minnesota Legislative Auditw, national and International gambling regulatory agencies; anyone pursuant to court order; other Individuals and agencies that are specifically aulhorired by State or Weral law to have access to the Information; individuals and agencies for which law or legal order authorizes a new use or sharing of information ate this Notice was given; and anyone with your Consent c, (e) `J 0 0 L6220 Application for Exempt Permit Organization Name If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application_ Check the action that the city is taking on this application. ❑The city approves the application with no waiting period. ❑The city approves the application with a 30 day waiting period, and allows the Board to Issue a permit after 30 days (60 days for a first Glass city). The city denies the application. print name of city (signature of city personnel receiving application) Ttie Page 2 of 2 06/03 am gambling premises is located in a township, both e county and township must sign this application. n behalf of the county, I acknowledge this application. Check the action that the county is taking on this application. The county approves the application with no waiting period. The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. 11 The county denies the application. Print name of county (Signature of county personnel Title TOWNSHIP: On behalf of the township, t ac knowledge that the organization is applying for exempted gambling activity within the township limits. [Atownship has no stabitory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Data / / Chief Executive Officer's Signature The information provided in this applicoon.ts complete and accurate to the best of my knowledge. Chief executive officers signature_ Name (please print ) 5 `3 Sc� O r Mail Application and Attachments At least 45 days prior to your scheduled activity date send: the completed application, • a copy of your proof of nonprofit status, and a check for $50. Make check payable to 'State of Minnesota•. Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 5 (e) e.)r IPrP I ;n City of Hutchinson . FEE:. $25.00 APPLICATION FOR GAMBLING DEVICES LICENSE Approved by: Building Fire Application shall be submitted at Police least days prior to the Gambling occasion • I, �]uSC,%� N Vic' AND I, Name of Authorized Officer of Namc of Designated Gambling Organization lianager Hereby submit in duplicate this application for a license to conduct the game of gamblingin accordance with the provisions of the City of Hutchinson Ordinance NO. 655 and Minnesota Statutes Chapter 349 for the license year ending Si natures: Authorized fficer of Organization b Gambling Manager of organization A. The following is to be completed by the duly authorized officer of the organization: 1. True Name: (last) (first) (middle) 2. Residence Address: (street) (city) (state) (zip) 3. Date of Birth: 1( 19 \'1.5 4- Place of Birth 0A (mo /day /year) (city /state) 5. Have you ever been convicted of any crime other than a traffic offense? Yes No If Yes, explain B. The following is to be completed by the designated gambling manager of organization: , (� 1. True Name: S k `� (last) i (f�ilrst) (middle) 2. Residence Address: (street) (city) (state) (zip) 3. Date of Birth: 5 3 I`i5b 4. Place of Birth: `;TegGos � „hl(51�1�f1 (mo /day /year) (city /state) I 5. Have you ever been ccnvicted of anv crime other than a traffic offense? Yes Nc . If yes, explain 6. How long have you been a member of the organization? I;.,i1 -c 7. Attach a copy of the official resolution or official action designating you gambling manager. C. Game Information: 1. Place where gambling devices will be used U1 is Fd�:,1 4jV� 2. Date or dates gambling devices will be used /thjio3 IlbOt-f (date and /or days) 3. Hours of the day gambling devices will be used: of week) From A.M. To A.M. y P.M. P. N,. 4, Maximum number of players 5. Will prizes be paid in money or merchandise? rlir "' c�nCtr S 6. Will refreshments be served during the time the gambling devices will be used? Yes No If so, will a charge be made for such refreshments? Yes NO D. Organization Information: 1. Address where regular meetings are held . 2. Day and time of meetings —OK Jet �_ &e . tt +,c,A_ 3. Is the applicant organization organized under the laws of the State of Minnesota? Yes N 4. How long has the organization been in existence? ' ?.iY-e 11131 4a. How many members in the organization? 5. What is the purpose of the organization? V -C � -e rc�r15 6. Officers of the Organization: Name Address Title A L t Z V'v t.1&Lc(_r-\ VCuyr Tm tCLii . 7. Give names of officers or any other persons paid for services to the organization: Name Address Title CD- ( -C )S��PpIVAr'°" D. Organization Information: (Continued) 8. In whose custody will organization records be kept? Name Go Q' (as � Address 9. If the organization carries sufficient insurance to coWpensate the players in the event any injury is sustained by players while gambling devices are used, or while on the licensed premises, please state the Name of Insurer SGrr. c,S V w 4syf[)L' and Policy No. 10. have you (Manager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices? c 11. Attach s ist of all active members of the organization. E. The following information is provided concerning a fidelity bond given by the gamblin�anager in favor of the organization. 1. Name of banding co.mpany 2. Address of 'bonding company T. 3. Amount and d.ion of bond 4. Application is ereby made for waiver of the bonding requireuAnts. Y�S No I declare that the infcrmat�,bn I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 655 relating to gambling, and I will familiarize myself with the contents thereof. Signature of authorized officer of organiazaton Date: &l_�).1 Us Subscribed and sworn to before me a notary public on this day of , 19 Subscribed and sworn , 19 Signature of Notary Public Commission expires on n to \before me a notary public Signat'u e of Notary Public Commison xpires on Ir Social, Security Number: MN Business ID Number: on this day of Fprrn No I....... I-, M.1, j­.- '()N jl,w— R— 11]g11 SHORTT TLKH-$100.01) RETAIL "ON SALE" 6tate of Aitille"ta, OUXTr OF McLeod . . .. . ... .......... ... City, . ......_............OF. HuSchins.na ... ...... .... To the (,J.Ly Clluol'll of the. Y . .......... ... of1jut0iinsur ............. .... C I.r. . . ..... .. . ... ... .. ..... ..... State of Minnesota: .... . ...... ........................ .................... . . ............................ .. .. . . ..... ..... .. . .. ........ h,,,,5y appl j,,.. for a liornse /or the lerm of. .......... .... . .... ....... ............................... ..... .... from the ... � 7,1V .. . .. ........ . day of... T!5. F7.e- --/,< . . .... . . .............. . �J3, to w1L At Retail Only, Non-Intoxicating Malt Liquors, as the Some a" Jefinest tv law, far oorwntmptinn "ON" th,,v certain prarniffe, In the ...... ........ ... . . . ........... ... . . .. ......... of IRU. SChm I ........ ................. ........ ..... ................... ...... to-wil: . . ... . .. .. ..... .... . .. . . . .. . ... ........ .. .......... . ............. W �A! InAl at WAWh "lam said applivant .operate .Cho bvffinrws of ........ . ... ;7...-....4R l-&-P ....... .. .... .. . ..... .... . . .. . ........... ... .............. and to that end "present.... and elate..... ...... .......... ........................ as follows; ,........._._.....,.,...............................,_.- That #a& appticant j-&.a .......... . of the United States; of good rnaraZ character and. evzd, Y�A ho. -1toi-med the age of T I li�; that .... .... ...... establishment for which the license wilL be issued if the application Ls granted, That no manafactarer of cacti malt liquors has any ownership, in whole or in part, in said butinem of said applicant.... or any tnterett therein; That maxi applicant make .this app4wtwn pwreuane and subjeot to all the taws of the Matiff of Afifthe4ota and, the ordinances and rejulations of Said .............City.. . .. ..... ............................... .. ... .... ............... ....... . ...... applicable thereto, which are hereby made part herrof, and h,rCZFya&w- toobwrt)6 and 0bty she ease; ...... . ...... . ... . . . .............. .... ....... .. . . . . .... ................ .. ................................. 04� .1. �- Lf -Y, f t� ��) Recommend approval. Driver'u Itcease J,[). EUqUICEd tar purrhase- Steve Madson. Police Chief I8'a f h a ppliran t further states that ..—he is not now the holder of, nor has --.he made application for, nor dues he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of rofox,cotmg liquor I DaL%pd . ....... 7 P, 0, .......... . .. 1.1 Memo To: Mayor and City Council From: Lisa McClure, Executive Director CC: Gary Plotz Date: 8/21/2003 Re: Hutchinson Special Service District HISTORY As you know, the Hutchinson Downtown Association brought petitions forward to the City Council on July 8, 2003 to ask that the Council call for two public hearings. The first being on August 12, 2003, in which the Council approved the first reading of the ordinance to establish the Special Service District is and set the second reading of the ordinance for August 26, 2003. Also, on August 26, 2003 the council will consider passing a resolution imposing a service charge on eligible properties in the district. Over the past couple of weeks, volunteers of the Hutchinson Downtown Association, city staff, and some council members have been asked questions regarding the district. Some questions that have been asked include: how will the advisory board be established, what happens to membership dues of the Hutchinson Downtown Association, how is the amount of the service charge changed or adjusted, and how much is the downtown coordinator position going to be paid (should that position be established)? In an effort to answer these specific questions, as well as other general questions, council member Hoversten called a meeting of the downtown property owners, Hutchinson Downtown Association volunteers, and city staff. This meeting is scheduled for August 21 at 5:00 PM. It is council member Hoversten's hope, as well as volunteers and staffs hope, that many of the misconceptions about the district and some of those questions are answered. QUESTIONS RAISED To address the questions above, here is an outline of some previously distributed information 1. How will the Advisory Board be established? The advisory board, as stated in the ordinance, will be appointed by the City Council. It is the current Hutchinson Downtown Association's feeling that the board should be made up of 9 people, which can include city council members, residents of the district, owners (or their representatives) of property in the district, or operators of businesses within the district. The ordinance, as it is written, states "The governing body of the city may create and appoint an advisory board for each special service district in the city to advise the governing body in connection with the construction, maintenance, and operation of improvements, and the furnishing of special services in a 0 district." This issue of who should be appointed to the board is one of contention. Most feel a • Page 1 & La,) representative from the City Council and/or EDA Board should be in appointed. The other eight appointees should be from the groups listed above. 2. What will happen to the current dues structure for the Hutchinson Downtown Association? The current Hutchinson Downtown Association, which is a private non -profit organization, feels that since there is a service charge being imposed on properties in the district, that all property owners shall automatically become members of the district A voluntary structure for business owners and individuals could remain in place, but would require the private downtown entity to remain an active non -profit — which may be confusing. 3. How is the amount of the service charge adjusted or changed over the life of the district? Many property owners have brought up the point about how the service charge changes, or even can it change? It is clearly stated in the resolution that the fee of 19 cents per square foot of commercial space cannot be increased over the life of the district. It can however, be lowered, by recommendation from the Advisory Board to the City Council, to accommodate the properties in the district. The Advisory Board may recommend that the City Council adjust the service charge in any given year of the district Furthermore, as properties within the district expand commercial usage, delete usage, or add new construction, those fees are calculated accordingly. 4. How much will the proposed downtown coordinator be paid and what will the duties of the position be7 This position, should it be created, would be partially compensated out of the special service district revenues. As it has been presented, this position would likely be paid $20,000 out of district funds and $13,000 will be contributed by the EDA to help offset the cost of this position. Some duties that have been identified by the Hutchinson Downtown Association board, for the downtown coordinator include: coordinate Committees & Board (agendas, minutes, etc.); prepare bi- monthly newsletter; administer day - today operations of the HDA; coordinate & organize downtown events; oversee operations of the downtown Special Services District; administer the downtown loan program; recruit businesses into the downtown; coordinate & implement capital projects in the downtown area; coordinate between the city & downtown businesses on issues affecting the downtown (road construction, bridge & dam projects, detours, etc.); be an advocate for downtown & represent the interests of downtown businesses to the city (issues such as signs / sidewalks / parking / lighting / policing / advertising / events, etc.); and act as a liaison with the Police Dept & other governmental agencies. Although this is a detailed list, It is in no way meant to be totally inclusive of all duties/activities that may be required by this position. CALCULATION OF SQUARE FOOTAGE At the August 26 public hearing regarding the imposition of a service charge, there will likely be a few questions about the commercial square footage calculations of some buildings in the district. The method used by staff to calculate the square footage of buildings was taken from the County Assessors appraisal records. Each property data card was copied and entered into a simple database to document square footages. The square footage calculated by the assessor uses the outside dimensions of the perimeter of the building. In some cases, a building has a second or third floor, as well ass basement. In all cases, basements were not included in calculations made by staff. Buildings with second and third floors were calculated by adding the assessor's square footage calculation for each floor and multiplying it by the percentage that was indicated on the card. For example, the assessor has assigned a market value for the property and the percentage (60 %, 70 %, 80 %, or 90 %) given to the building, details how much value is tied up in commercial value of the property. The remaining percentage usually indicates remaining residential market value. To further illustrate the calculation - if a building is classified as commercial with 70% commercial and 30% residential. Staff took the square footage, 1000 sq. ft. per floor. Two floors equals 2000 sq. ft., that number was multiplied by .70 (70 %) to equal 1400 sq. ft. of • Page 2 commercial space in the building. For this building, the service charge would be $266.00 per year. A perimeter square Number of stories 2 foota 1000 square feet (excluding basement) 2000 square feet 2000 sq. ff. – 2 70% - amount tied up in commercial value story building of the building- Assessors records — 1400 square feet 1400 s square feet– ❑ 19 uare per ❑ $service per charge city staff calculation square foot service char e This is haw staff arrived at the commercial square footage calculation and the proposed service charge. Some property owners have called staff to contest their square footage calculations. As was stated at the public hearing on August 12, staff has told property owners to submit objections in writing to city staff. At the time of this memo, only three written objections had been received by staff. (See attached letters) However, to simplify matters, the staff has reviewed all percentage identified properties and revised the calculations to only include the main floor. Additionally, staff has sent revised notices to the affected property owners. (It should be noted that there are second floor commercial uses that will not be captured by this type of calculation.) Because of the concern about potentially including what may actually be residential square footage of the property, City staff has discussed the Issue with the County Assessor and are proposing some revisions to property calculations. PUBLIC HEARING ON THE RESOLUTION The public hearing on August 26, is to discuss the resolution, which outlines the imposition of the service charge. One section of the resolution that is very important is the annual review and public hearing process. Prior to August 1 of each year, the city will determine whether any modifications to commercial area has taken place and N there should be a review of the assessed square footage. Prior to imposing the service charge each year, the city shall conduct a public hearing. Property owners will be mailed notice of their proposed charge for that year and details on the appeal process. The appeal process is as follows. All appeals must be submitted in writing and clearly articulate two things. First, the reason(s) that property owners dispute the square footage calculation and second, the property owner's proposed recalculation along with reasoning thereof. All appeals must be submitted to the City Clerk on or before the public hearing, but will not be accepted after the public hearing. ADDITIONAL POINTS OF INFORMATION A note to the Council, by Minnesota Statute, all property owners who are eligible to be assessed in the proposed special service district must be mailed a summary notice of the ordinance and resolution within five days of the adoption of the ordinance and resolution. All property owners, will have a chance to read through those summaries and ask questions of staff, should they have any. A second point for the Council to consider, the counter- petition timeline does not begin until after the City Council has taken action to adopt the ordinance and pass the resolution. After the Council has taken that action, a 45-day clock will begin for property owners to sign a counter- petition and present that petition to the City Council. Staff has explained to several property owners that the 45-day clock • Page 3 (0 (G-) 0 will not begin until after the Council has taken action on the ordinance and resolution, but would like it to be clear that they are not able to present a petition at the August 26 public hearing. • Page 4 L' (.a) RESOLUTION NO. 12247 RESOLUTION IMPOSING A SERVICE CHARGE FOR SPECIAL SERVICE DISTRICT NO. 1 BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the "City "), as follows: Section 1. Recitals: Findings. 1.01 Pursuant to Ordinance No.Q (the "Ordinance ") the City created a Special Service District No. I (the "District ") for certain property located in the City's downtown area. The properties included within this area are specifically identified in Exhibit A attached hereto and generally depicted in the map contained in Exhibit 13 attached hereto. 1.02 The City has received a petition (the "Petition') from the owners of the properties located within the District requesting a public hearing on the imposition of Service Charges (the "Service Charges ") within the District. 1.03 The City Council has determined each ofthe following: (a) at least twenty -five percent (25 %) of the individuals or business organizations subject to the proposed Charges have signed the Petition; (b) only owners of property located within the District have signed the Petition; (c) only owners of property classified under Minnesota Statutes, Section 273.13 as commercial, industrial, or public utility purposes, or that is vacant land zoned or designated on a land use plan for commercial, industrial, or public utility purposes, have signed the Petition; and (d) pursuant to Minnesota Statutes, Section 428A.02, notice has been given and a public hearing has been held on the establishment of the District. Section 2. imposition of Service Charge. 2.01 Relationship to District Special Services. The City may impose Service Charges that are reasonably related to the special services provided. The Service Charges shall be as nearly as possible proportionate to the cost of furnishing the special services. In the event that Service Charges are imposed to finance services ordinarily provided by the City but at an increased level, the Service Charges shall be imposed only to the extent to pay for the increased level of service. 2.02 Multi -year Service Charge. The Service Charge imposed by this Resolution is a charge for more than one year. The Service Charge will remain in effect for fifteen (15) years • commencing in the year 2004 through and including the year 2018, for taxes payable in said years. cu la) 2.03 Properties Subject to Service Charge. All parcels within the District that meet the following criteria shall be subject to the Service Charge: (a) 50 percent or more of the estimated market value the parcel of property, as most recently certified by the county assessor, is classified under Minnesota Statutes, Section 273.13 as commercial and industrial; and (b) The parcel contains one or more structures. 2.04 Amount of Service Charge. The Service Charge shall be equal to $0.19 per square foot of building area attributable to commercial use (the "Commercial Area ") in existence on August 1 of each year. The Service Charge will be imposed on each parcel in the District subject to the Service Charge as described in Section 2.03 hereof The amount of the Service Charge shall not exceed $0.19 per square foot of Commercial Area during the duration of the Service Charge provided in Section 2.02 hereof. Based on the current estimated total Commercial Area in the District, it is anticipated that the Service Charge will produce total revenues in the amount of $108,385 in the year 2004 (the "Total Annual Revenues ") and $1,625,775 over the term of the District (the "Total District Revenues "). The Total Annual Revenues and Total District Revenues may increase or decrease as the total Commercial Area in the District changes over time. 2.05 Calculation of Commercial Area. The City will use the property records of the county assessor to determine the amount of Commercial Area in a building. The City may also conduct physical inspections of the properties and use building permits and other available . information to supplement the assessor's data to make Commercial Area calculations. a. Annual Review. Prior to August 1 of each year, the City will determine for each parcel in the District whether any modification to the Commercial Area calculation is required due to such factors as a change in use, expansion or contraction of a structure, demolition of a structure, or construction of new structures b. Public Hearing. Prior to imposing the Service Charge in each calendar year, the City shall conduct a public hearing. Notice of the public hearing shall be provided pursuant to Minnesota Statutes, Section 428A.03, Subdivision 1. The notice mailed to property owners shall include the Commercial Area calculation and a description of the appeals process provided in Section 2.06 herein. 2.06 Appeal. In any year, a property owner may appeal the City's calculation of commercial area with respect to the property owner's parcel(s). All appeals shall be submitted in writing and shall clearly articulate (1) the reasons for the property owner's dispute with regard to the calculation of the Commercial Area and (2) the property owner's proposed recalculation along with the basis therefor. Appeals may be submitted to the City Clerk prior to the public hearing or at the public hearing, but in no event, shall any appeal be submitted after the public hearing. 2.07 Use of Revenues. Revenues collected through the imposition of service charges may be used by the City for any purposes authorized in the Ordinance. Exhibit C contains the • services proposed for funding in 2004. The services and the revenues allocated to each service are subject to change at the discretion of the City. L, C a) Section 3. Collection of Service Charges. • 3.01 Collection. The Services Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes. 3.02 Penalty and Interest. Service Charges made payable in the same manner as provided for payment and collection of ad valorem taxes, if not paid on or before the applicable due date, shall be subject to the same penalty and interest as in the case of ad valorem tax amounts not paid by the respective date. 3.03 Due Date. The due date for the Service Charge payable in the same manner as ad valorem taxes is the due date given in law for the real or personal property tax for the property on which the service charge is imposed. Section 4. Revenue Surplus. To the extent that the total of Service Charges collected exceed the cost of services rendered within the District, at the election of the City, all or a portion of such excess amount shall either be held as a reserve to pay the cost of future services provided under this resolution or applied to reduce the next year's Service Charge. Section 5. Recording. The City may record this Resolution against parcels located within the District and subject to the Service Charge for the purpose of providing notice of the Service Charge to prospective purchasers of such parcels. Section 6. Effective Date. This Resolution shall be effective on the forty -fifth (45th) day . following adoption, which effective date shall be October 10, 2003 ADOPTED BY THE CITY COUNCIL OF THIS 26Tn DAY OF AUGUST, 2003. ATTEST: Gary D. Plotz City Administrator 0 Marlin Torgerson Mayor 3 La) 0 i` August 11, 2003 City of Hutchinson H D A Office 111 Hassan Street SE Hutchinson, MN 55350 RE: Special Services District City Parcel ID #3111729140490 County Parcel ID #230563570 Property Address: 40 Main Street N Commercial Square Footage: 2464 To Whom It May Concern: 1 do not agree with the amount of square footage that is being used in the calculation of the potential service charge. 1 have discussed with Matt McMillan the downtown tax. I was told the square footage would be based on the use by commercial business. The outside measurement of my building is 22 X 80. The ground floor is all commercial, the second floor is residential apartments, and the basement is not finished. When I spoke with Sue Schultz at the McLeod County Assessor's Office she referred me, to Lisa McClure. Ms. McClure told me the steps in calculating the square footage was 22 X 80 X 2 X .70 = 2464. According to the information I received from Matt McMillan, I disagree with the calculation. Only the ground floor is used for commercial purposes which equals 1760 square feet. I may be reached at 587 -7190. Thanks for your attention in getting this matter corrected Sincerely, dim and Barb wendling 40 Main Street N Hutchinson MN 55350 LA- �p (ct) SPECIAL SERVICE DISTRICT POTENTIAL SERVICE CHARGE STATEMENT Fc Parcel Identification Number: I 0411629030270 ICouuty Parcel Identification Number: 230500540 (Property Address 14 MAIN ST S `Commercial. Square N'ootage rvicc Charge Per Y:.ar S! '09.10 liMposed 5e Pr.e- w A lk c 9 u,,M.e r&& IZecu'vtd � -�� 5y &�c 5 AMU SL-PI94e r—f M August 1, 2003 Page I I If you have questions regarding the commercial square footage indicated - please contact Sue Schultz, McLeod County Assessing at 320 - 864 -1255 . Please note that if you own separate tar parcels, you will receive separate notices for each parcel. c0(a) • To whom It May Concern, I received a letter regarding a special services district. In that letter it states the property, which I own on 106 2" avenue Southwest, parcel # 230502330 has a commercial square footage of 2448. This is an inaccurate estimate of square footage. I called the county and talked to Sue Schultz, which she informed me, their records showed a total of about 2000 square feet. I believe this to be closer the actual amount. Rod Manderscheid • 11 Ile(e IV( Cl � - Zo (' ca') 0 did ••3. lid u. lid u. 133 133 3 a . , 3 1 1 . i . . I Ill lid .11 1" id. I.. I Jw • Exhibit A lid did lid i., lid i. lid 111 lid lid d, in 31 ..d ... ... ...... L-7 ... ::23 d:: .'s. 5f4i V" 343 333 .. cpba-) did ill Nl i., lid i. lid 111 lid lid d, in 31 ..d ... ... ...... L-7 ... ::23 d:: .'s. 5f4i V" 343 333 .. cpba-) xaa ae li a1k 9i9 ' aa7 s• as mm Exhibit amaa w lim aw axa a as ei is agi .,, �•.., xx,.o a a,.x I UE �ilpiuilu � u i I yhn k w y WI x.Ne 9ik kA! f4 as � " rxc xaz +sa a a'ai' age axa axw axe awx. aii aaz aa i %ia yes eR i aea sae xma aax xia �xaa aaa asa a'.xe saz aas rxa xae aa,a aae aaa axe i BM9 Iii 7L! aITYV 'a4ti %Y .. { . d( _ ti� P. Proposed Budget for 2004: Advertising Downtown Coordinator Position Operations & Events Downtown Projects TOTAL 0 0 Exhibit C $ 15,000 $ 20,000 $ 20,000 $ 53,385 $108,385 (_0 �c) City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property CHAS.MCLAUGHLIN POS 1 #906 Y Owner 2471STAVE SE Information HUTCIIINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property KLRMAN ROGER Owner 5 JEFFERSON ST SE Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property JOSEPH & CHERYL DOOLEY Owner 750 HARMONY LA SW Information HIITCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property Owner Information KRISTIN H BROWN 714 M B.WAUKEE AVE SW HUTCHINSON MN 55350 0611629030050 247 1 STAVE SE 0500350 7570 -- $1,438.30 7570 51,438.30 0611629030100 5 JEFFERSON ST SE 05W4U0 4992 $948.48 4992 5948.48 OI.ESON VICTOR 0611629030110 130 WASHINGTON AVEE 05004301 184& $351.121' 1848, $351.12 0611629030160 145 1ST AVE SF. 0500470 965 $183.35 965 ...... $183.35 1 Difference In Square Footage Calculation Difference In Square Footage Calculation Difference In Square Footage Calculation L_ Difference In Square Footage Calculation 0 SPECIAL SERVICE DISTRICT CHARGES- LIST SORTED BY CITY PARCEL NUMBER Printed - 8/21/03 Pagel i �, City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property Owner Information ROBERT & JEAN ELLIOTT 14436 COUNTY RD 7 HUI CHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property Owner Information I RITCHINSON PROPERTIES LLC THOMAS E DAGGETT 16057 673RD AVE HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property M I P PARTNERS LLP Owner CIO PAUL F. THEIS Information 6520 WHITE DOVE CIR EXCEISIOR MN 55331 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property ALBERS HARLEY Owner 18 MAIN ST S Information HUTCIIINSON MN 55350 0611629030230 Difference In 100 WASHINGTON AVE E Square Footage 0500510 Calculation 7384 - $1,402.96 2240 5144 $977.36 0611629030260 2 MAIN ST S 0500530 ._. .._._ $448 - $1,605.12 5016 - _.. - - -— 5953.04 Difference In Square Footage Calculation 3432 0611629030270 Difference In 14 MAIN STS Square Footage 0500540 Calculation 6890 3562 33zx ..... ._. - -- -- $(i32.32- CON - MILTON A. BRINKMAN 1203 FAIRWAY AVE NW HUTCHINSON MN 55350 0611629030280 18 MAIN ST S 0500550 4628 $879.32 4628 .... $879.32 ALRHRS DIANE Difference In Square Footage Calculation SPECIAL SERVICE DISTRICT CHARGES - EAST SORTED BY CITY PARCEL NUMBER Printed - 8/21/03 Pa8c 2 C,,, ta) City Parcel Identification Number: Property Address County Parcel identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property Owner information BARTON STEVEN 30 MAIN ST S HUTCHINSON, MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property BARTON STEVEN Owner 30 MAIN ST S Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property MICHAEL & KARLA MCORAW Own 34 MAIN ST S information HUTCHINSON MN 55350 City Parcel identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year F operty CORSON JAMES M wner 40 MAIN ST S formation HUTCHINSON MN 55350 0611629030290 24 MAIN Sr S 0500560 - - - -- - — 21641 S41L16 i 18041 - -_. $342.76 0611629030300 30 MAIN S7' S 0500570 — S35L12 -- 1818 $351.12 0611629030310 34 MAIN ST S 0500580 4356 $$27.64 4356 $827.6A 0611629030320 40 MAIN ST SI 05005901 . _.._.. ._... - 24331 $462.27 2433 5462,27 Difference In Square Footage Calculation 360 Difference In Square Footage Calculation 0 Difference In Square Footage Calculation 0 Difference In Square Footage Calculation SPECIAL SERVICE. DISTRICT CHARGES - LIST SORTED BY CITY PARCEL NUMBER Printed-gal/03 Page 3 0 (X �.e�� City Parcel identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Proper. WILLIAM & SUSAN CORBY Owner 44 MAIN ST S Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property P01RER LINDA M Owner 50 MAIN ST S Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Panel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property BENJAMIN ARTHUR I Owner 108 ciROvE ST S Information HU'ICHOQSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year 0611629030330 44 MAIN ST S 0500600 _.._ ... -- 3500 $665.00 2500 $475.00 0611629030340 50 MAIN S11' $ 0500610 5000 $950,00 ..._.. _._. ..... ..... 5000 _.. ._... -- $950.00 POIRISR DALE C 0611629030360 351S1'AVE SW 0500630 3739 $710.41 3739 $710,41 0611629030400 40 WASHINGTON AVE ;7V 0500670 1540 - -- - -- $292.60 1540 $292.60 Difference In Square Footage Calculation 1000 Difference in Square Footage Calculation I ° Difference In Square Footage Calculation 0 Difference In Square Footage Calculation SPECIAL SERVICE DISTRICT CHARGES - LIST SORTED BY CITY PARCEL NUMBER Printed - 0/21/03 Pa$n 4 c0 (a.) Property R & T COMPANY Owner C/O ARLIN ALBRECHT Information 433 THIRD ST. BOX 82 RED WING, MN, 55066 0611629030330 44 MAIN ST S 0500600 _.._ ... -- 3500 $665.00 2500 $475.00 0611629030340 50 MAIN S11' $ 0500610 5000 $950,00 ..._.. _._. ..... ..... 5000 _.. ._... -- $950.00 POIRISR DALE C 0611629030360 351S1'AVE SW 0500630 3739 $710.41 3739 $710,41 0611629030400 40 WASHINGTON AVE ;7V 0500670 1540 - -- - -- $292.60 1540 $292.60 Difference In Square Footage Calculation 1000 Difference in Square Footage Calculation I ° Difference In Square Footage Calculation 0 Difference In Square Footage Calculation SPECIAL SERVICE DISTRICT CHARGES - LIST SORTED BY CITY PARCEL NUMBER Printed - 0/21/03 Pa$n 4 c0 (a.) City Parcel Identification Number: Property Address .County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property R & T COMPANY Owner ATTN: ARLIN ALBRECHT Information 433 THIRD ST, BOX 82 RED WING MN 55066 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property CITIZENS RANK & TRUST CO Owner 102 MAIN ST S Information IIUTCHINSON MN 55350 . City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property 0I IZENS BANK & TRUST CO Owner 102 MAIN ST S Information HUTCH INSON, MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property JOANNECLAY WILLMERT(P) Owner 114 MAIN ST S Information HUTCHINSON MN 55350 0611629030410 36 WASHINGPON AVE Wj 0500680 ---- -. — .-_. 8712 $1,655.28 8712 - -- $1,655.28 0611629030420 102 MAIN ST S 0501030 12800 $2,432.00 12800 $2,432.00 0611629030430 104 MAIN ST S 0501040 6400 -. -- 6400 $1,216.00 0611629030440 114 MAIN ST S 0501050 3030 _$575.70 3030; $575.70 JAY &MARGARET ALRICK(C) 20087 ROOLIN RD HOTCHINSONMN 55350 Difference In Square Footage Calculation Difference In Square Footage Calculation o. Difference In Square Footage Calculation Difference In Square Footage Calculation 01 SPECIAL SERVICE DISTRICT CHARGES -LIST SORTED BY CITY PARCEL NUMBER Printed - S/21/03 Page 5 (Si0.) �1 �J City Parcel Identification Number: 0611629030450 Property Address 116 MAIN ST S County Parcel Identification Number 05010601 Previous Commercial Square Footage Previous Service Charge Per Year $76D.00 Revised Square Footage Amount Revised Service Charge Per Year $76D.0o Property PETERSON RICHARD A Owner 116 MAIN ST'S Information HUTCHINSON MN 55350 City Parcel Identification Number: 0611629030460 Property Address 122 MAIN ST S County Parcel Identification Number _ _ _ 0501070 Previous Commercial Square Footage Amount L 3202 Previous Service Charge Per Year $608 -38 Revised Square Footage Amount 2668 Revised Service Charge Per Year _ $506.92 Property KELLEY KATHLEEN E Owner 330 L.ARSON ST SW Information HUTCHINSON MN 55350 . City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property HUTCH REAL ESTATE LLC Owner 910 FERNBROOK LN N Information PLYMOUTH MN 554474460 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property Owner Information HUTCII REAL ESTATE LLC. 910 FERNBROOK LN N PLYMOII'L "H MN 554474460 0611629030470 126 MAIN ST S 0501080 2032 $386,08 2032 $386.08 11611903 0480 130 M62AIN ST S 0501090 27501 - - - -- ...$522.50 ! 2560] $486,40 Difference In Square Footage Calculation Difference In Square Footage Calculation 534 Difference In Square Footage Calculation L._ . o. Difference In Square Footage Calculation 190 SPECIAL SERVICE DISTRICT CHARGES- LIST SORTED BY CITY PARCEL NUMBER Printed - 8/21/03 Page 6 (0c0) City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property LABAT CHERYL J Owner 132 MAIN ST S Information HUIC14INSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property KEITH & OANALEE EVENSON Owner 16561 ODAY AVE Information HUTCHINSON MN 55350 City Parcel identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property MARKA&.DEBRAMCORMIER Owner 138 MAIN ST S Information HUTCHIN,5ON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property ROBERT& RF.NNAE MCCARTHY Owner 1025 81 H AVE SW Information HUTCHINSONMN 55350 I 0611629030490 132 MAIN ST S 05UI lUU 2754 $523.26 2754 $523.26 0611629030500 134 MAIN ST S 0501110 .__..... 2804 s332.76 28041 $532.76 0611629030510 138 MAIN ST S 0501120 - -- 2528 ..$480.32 1648 $313.12 Difference In Square Footage Calculation Difference In Square Footage Calculation 0 Difference In Square Footage Calculation 880 0611629030520 Difference In 140 MAIN ST S Square Footage 0501130 Calculation 1584 $300.96 L 0 7 1584 s300.96 SPECIAL SERVICE. DISTRICT CHARGES - LIST SORTED BY CITY PARCEL NIIM BER Printed - 8/21/03 Page 7 cP(c,) 0 City Parcel Identification Number: Property Address County Parcel Idemiffcatlon Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property IIASSAN VALLF Y LOLIOF: #109 Owner 148 MAIN ST S Information P O BOX l2 HUTCHINSON MN 55.150 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property KHYIH & LISA KAMRATII Owner 717 SHADY RIDGE RD NW Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property CITIZENS BANK & TRUST C0 Owner 102 MAIN ST. S, hdormatinn HUICHINSON, MN. 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property Owner Information QUAST ESTHER BOX 233 HU ICHINSON, MN 55350 0611629030530 146 MAIN ST S 0501140 95261 $1,809.94 5126', $973.94 1 0611629030540 35 2N0 AVE SW 0501160 17D6 - -- $324.52 ._ ..-.-.-.-- 1708 $324.52 0611629030590 136 HASSAN ST SE! - - -_ 0501200 1061 881 $167.39 Difference In Square Footage Calculation aa00 Difference In Square Footage Calculation 0 Difference In Square Footage Calculation Difference In Square Footage Calculation 1811 .... __ .... SPECIAL SERVICE DISTRICT CHARGES - LIST SORTED BY CITY PARCEL NUMBER Printed - 8/21/0.3 Page 8 cc ( a) 0611629030560 103 FRANKLIN ST SW 0501170 768 $145.92 768 $145.92 0611629030590 136 HASSAN ST SE! - - -_ 0501200 1061 881 $167.39 Difference In Square Footage Calculation aa00 Difference In Square Footage Calculation 0 Difference In Square Footage Calculation Difference In Square Footage Calculation 1811 .... __ .... SPECIAL SERVICE DISTRICT CHARGES - LIST SORTED BY CITY PARCEL NUMBER Printed - 8/21/0.3 Page 8 cc ( a) E City Parcel Identification Number: Property Address County Parcel identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property QUAST ESTHER Owner BOX 233 Information HU- ICHINSON, MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property Owner Information QUAST ESTHER BOX 233 HUTCIIINSON, MN 55350 . City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property LARRY J & ROSA L DOSTAL Owner 1215 CAROLINA AVE NW Information IMCIIINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Proper. BRETT A & MARIA OMAN Owner 16690 705TH AVE Information DASSELMN 55325 0611629030600 Difference In 145 HASSAN ST SE Square Footage 0501210 Calculation 2540 - -- S482,60 1096 ..... -1444 S274.36 0611629030610 149 MAIN ST 5 0501220 3000 $570.00 �.... ._..._.___— 2200 L--__ .. ...— $418.00 Difference In Square Footage Calculation 800 06116291130630 141 MAIN S1 S 0501240 3192 $606.45 3024 $574.56 Difference In Square Footage Calculation 168 SPECIAL SERVICE DISTRICT CHARGES- LIST SORTED BY CITY PARCEL NUMBER Printed - 9121/03 PaSc 9 (D (C,) 0611629030620 Difference In 147 MAIN ST S Square Footage 0501230 Calculation 3000 $570,00 .......... 600 -- 2m>n $456.00 06116291130630 141 MAIN S1 S 0501240 3192 $606.45 3024 $574.56 Difference In Square Footage Calculation 168 SPECIAL SERVICE DISTRICT CHARGES- LIST SORTED BY CITY PARCEL NUMBER Printed - 9121/03 PaSc 9 (D (C,) City Parcel Identification Number: Property Address .County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property QUASI ESTHER Owner BOX 233 Information IUTCHINSON, MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property RORRR'17CHARLCNE SCHLUFTER Owner 23889230TTI ST Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property SUSAN S. KRAFT -ETAL Owner P O BOX 129 Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Pr p rC0 1031 EXCHANGES SERVICES Owner C/O KEITH R bt LISA KAMRATH Information 717 SHADY RID014, RD NW HUTCHINSON MN 55350 0611629030640 137 MAIN ST S 0501260 6080 3040 $577.60 0611629030650 133 MAIN ST S 0501250 2304 _. _._._... $437.76 1920 5364.80 CON-RICHARD SMITH D/B /A FAMITH 6600 MOHAWK TRAIL EDINA MN 55439 0611629030660 131 MAIN ST S 0501280 ---- 2640 S501,('0 2640 - - -- - $501.60 0611629030670 125 MAINS] S 0501270 3930 $746.70 3930 $746.70 I Difference In Square Footage Calculation 3040 Difference In Square Footage Calculation 384 Difference In Square Footage Calculation o..._. Difference In Square Footage Calculation SPECIAL. SERVICE DISTRICT CHARGES - LIST SORTED BY CITY PARCEL NUMBER Printed-8/21/03 Page 10 � (a) F L City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property JOHN R. SCIIUTT -CO (?RD Owner 119 MAIN ST S Information HIJTCFIWSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property JOHN & PATRICIA PAULSEN Owner 20317 KOGUN RD Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property MADSEN HOWARD J Owner 1353RD AVE SE Information HUTCHINSON. MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year 0611629030680 Difference In 119 MAIN ST S Square Footage 0501290 Calculation 3960 $752.40 F _o .__. 3960 ._ $752.40 MARY S. ANDERSON- CON 0611629030690 Difference In 113 MAIN ST S Square Footage 0501300 Calculation 1540 -- $292.60 _... _ ... 1540 .__.. _ $292.60 PI -I ERSON- PAULSENASSOC: -CD 113 MAIN ST S P O BOX 263 HUTCHINSON MN 55350 0611629030700 I I I MAIN STS 0501310 2904 $551.76 _ -- 2904 5551.76 PETERSON DIIWAYNE 135 3RD AV E SE HU ICHINSON, MN 55350 0611629030710 101 MAIN ST S 0501320 17160 53,260.40 LE .... .. .... ... 17160 53,260.40 Difference In Square Footage Calculation 0 Difference In Square Footage Calculation 0 SPECIAL SERVICE; DISTRICT CHARGES - LIST SORTED BY CITY PARCEL NCIMBER Printed - 8/21/03 Page I1 (-.0(0-) Property QUADR F'AM. LTD PARTNERSHIP Owner 35 4 "I'H AVE NE Information HUTCHINSON MN 55350 0611629030680 Difference In 119 MAIN ST S Square Footage 0501290 Calculation 3960 $752.40 F _o .__. 3960 ._ $752.40 MARY S. ANDERSON- CON 0611629030690 Difference In 113 MAIN ST S Square Footage 0501300 Calculation 1540 -- $292.60 _... _ ... 1540 .__.. _ $292.60 PI -I ERSON- PAULSENASSOC: -CD 113 MAIN ST S P O BOX 263 HUTCHINSON MN 55350 0611629030700 I I I MAIN STS 0501310 2904 $551.76 _ -- 2904 5551.76 PETERSON DIIWAYNE 135 3RD AV E SE HU ICHINSON, MN 55350 0611629030710 101 MAIN ST S 0501320 17160 53,260.40 LE .... .. .... ... 17160 53,260.40 Difference In Square Footage Calculation 0 Difference In Square Footage Calculation 0 SPECIAL SERVICE; DISTRICT CHARGES - LIST SORTED BY CITY PARCEL NCIMBER Printed - 8/21/03 Page I1 (-.0(0-) City Parcel Identification Number: Property Address County Parcel Identification Number . Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property HUTCHINSON-G C,ITYOF Owner 111 HASSAN ST SE Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property ALHRBCHT EMANUEL Owner 576 HASSAN ST S Information HUTCHINSON, MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property IAN & KATIIRYN M MCDDNALD Owner 925 LAKEW001) OR SW Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property PETERSON DIIWAYNH Owner BOX 68 Information HUTCHINSON, MN. 55350 0611629030920 225 3RD AVE SE 0502020 9947 $1.889.93 9947 $1,889.93 0611624030931 205 JEFFERSON ST SE 0502030 3321 _ ... __.. .. $630.99 3321 $630.99 Difference In Square Footage Calculation F-0.___. Difference In Square Footage Calculation 0 0611629030940 Difference In 2222ND AVESH Square Footage 0502040 Calculation 2700 $513.00 2700 $513,00 0611629030990 135 3RD AVE Si 0502090 4356 ..._._ _ $827.64 4356 $827.64 MADSEN HOWARD 1 BOX 68 HIIT('HINSON, MN. 55,150 Difference In Square Footage Calculation SPECIAL SERVICE DISTRICT CHARC:ES - LIST SORTED BY CITY PARCEL NUMBER Printed - 8/21/03 Page 12 (D (a) LJ City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property Owner Information BRADLEY & 7FR1 I.UF.NEBIIRG 540 CAMPBELL LN NW P O BOX 695 HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property AMERICAN LEGION POST N96 Owner 35 3RD AVE. SE Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year F1011f rty F 11 & JUOIIH NEUFELD r 19726 SIOUX HILLS RD mation P O BOX 626 HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property Owner Information MARK & BONNIE WESTMILLER 227 MAIN ST S 1413TCHINSON MN 55350 0611629031000 235 HASSAN S'1' SE 0502100 -- 6240 $1,185.60 6240 $1,185.60_ 0611629031070 35 3RD AVE SE 0502160 6817 6817 $1,295.23 0611629031080 45 3RD AVE SE 0502170, 14211 5269.99 1421, 8269.99 CON: LESTER SCHUFT 1213 LEWIS AVE SW HUTCHINSON MN 55350 0611629031100 227 MAIN ST S 0502190 3850 $731.50 3850 $731.50 CON -HUTCH FED SAVINGS/LOAN 227 MAIN STS HUTCHINSON MN 55350 Difference In Square Footage Calculation 0----------- Difference In Square Footage Calculation Difference In Square Footage Calculation 0 Difference in Square Footage Calculation I ° I SPECIAL SERVICE DISTRICT CHARGES - LIST SORTED BY CITY PARCEL NUMBER Printed - 8/21/03 Page 13 (0 (0�) City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property HUTCH. PRUFF:SSIONAL BLDG Owner 540 MONTEREY TRA1I. Information DAKOTA DUNES SD 57049 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property Owner Information RANDY LANG 104 FAIRWAY DR 011?NCOE MN 55336 . City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property STEVF,N 18t LISA FERGUSON Owner 225 MAIN ST S Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property KOCH REAL ESTATE LLC Owner 4925 YUMA LN N Information PLYMOUTH MN 55446 lei OGIIG29031110 225 MAIN ST S� .. ..._ _ - -_... 0502200, 2420', $459.80 2420 -- - $459.80 j Difference In Square Footage Calculation 0 0611629031120 Difference In 221 MAIN ST S Square Footage 0502210 Calculation 4224 $802.56 0 . 4224 8802.56 0611629031130 Difference In 213 MAIN ST S, Square Footage 0502220 Calculation 18012 - $3,422.28 18012 $3,422.28 CON - MARVINI JUFFFR 225 MAIN ST S i P O BOX 187 HUTCHINSON MN 55,150 0611629031160 218 MAINS[ S 0502250 24552 $4,664.88 24552 $4,664.88 Difference In Square Footage Calculation SPECIAL SERVICE DISTRICT CHARGES - LIST SORTED BY CfTY PARCEL NUMBER Printed - 8/21/03 Page 14 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property KOCH BF.AL ESTATELLC Owner 4925 XI IMA LN N Information PI.YMOUTII MN 55446 City Parcel identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year property IIUTCHINSON TELE -PHONE CO Owner 235 FRANKLIN ST SW Information HUTCIIINSON MN 55350 . City Parcel Identification Number: Property Address County Parcel identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property HUI CHINSON TELEPHONE CO Owner 235 FRANKLIN ST SW Information IIUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property MULLER RANAE Owner 45 HASSAN S f SE Information HUTCHINSON MN 55350 0611629031170 246 MAIN ST S 0502260 4402 - -- $836,38 - 4402 $836.38 0611629031190 235 FRANKLIN ST SW 05022801 - — -- $3,160.08 1 16632 $3,160.08 , 0611629031210 382NDAVPSW 0502700 ...... 336 -- $53.84 336 $63.84 0611629031240 45 HASSAN ST Si 0510020 1900 $361.00 1900 $361_00 Difference In Square Footage Calculation D � Difference In Square Footage Calculation DI Difference In Square Footage Calculation Difference In Square Footage Calculation SPECIAL SERVICE DISTRICT CHARGES - LIST SORTED By CITY PARCEL NUMBER Printed - 8/21/03 Page 15 (0(C,) City Parcel Identification Number: Property Address •County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property CURTIS & DENISE BRADFORD Owner 840 LAKEWOOD DR SW Information P 0 BOX 130 HUTCHINSON MN 55350 P 0 BOX 130 HUTCHIN$ON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property Owner Information CURTIS & DENISE BRADFORD 840 LAKFW070D DR SW P 0 HOX 130 HUTCHINSON MN 55350 isCity Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property UIR "I'M & DENISE BRADFORD Owner 840 LAKE-WOOD DR SW Information P O BOX 130 HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year 06116290317,50 65 HASSAN ST SE 0510030 1200 $228.00 I20D $zzs.DD 06116290312611 691IASSAN ST SE 0510040 �._._._ 150 $28.50 150 $28.50 Difference In Square Footage Calculation Difference In Square Footage Calculation I " I 0611629031270 Difference In 75 HASSAN ST Si Square Footage 0510050 Calculation 922 $175.18 922 01111629031280 85 HASSAN ST SE 0510060 ..... _. ..— 640 $121.60 640 $121.60 Difference In Square Footage Calculation a SPECIAL. SERVICE DISTRICT CHARGES -LIST SORTED BY CITY PARCEL NUMBER Printed - 5/21/03 Page 16 (0 (r,) Property CURTIS & DENISE BRADFORD Owner 840 LAKEWOOD DR SW Information P 0 BOX 130 HUTCHINSON MN 55350 06116290317,50 65 HASSAN ST SE 0510030 1200 $228.00 I20D $zzs.DD 06116290312611 691IASSAN ST SE 0510040 �._._._ 150 $28.50 150 $28.50 Difference In Square Footage Calculation Difference In Square Footage Calculation I " I 0611629031270 Difference In 75 HASSAN ST Si Square Footage 0510050 Calculation 922 $175.18 922 01111629031280 85 HASSAN ST SE 0510060 ..... _. ..— 640 $121.60 640 $121.60 Difference In Square Footage Calculation a SPECIAL. SERVICE DISTRICT CHARGES -LIST SORTED BY CITY PARCEL NUMBER Printed - 5/21/03 Page 16 (0 (r,) E City Panel Identification Number: Property Address County Panel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property MRIS MARY A Owner 95 HASSAN ST SF Information HUTCHINSONMN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property CUR79S & DENISE BRADFORD Owner 840 LAKEWOOD DR SW Information P O BOX 130 HUICHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property MIES MARY A Owner 95 HASSAN ST SE Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year I Property QUALITY PItUPh,R IJFS I,IAC Owner 121157 AVHSF Information HUICHINSON MN 55350 0611629031290 95 HASSAN ST SE 11510070 _____832 --_-_ $156.08 ___.._.. 832 - -- $158.08 0611629031310 107 1ST AVE SE 0510090 319 $60.61 319 $60.61 0611629031320 105 1ST AVE SE 0510100 396 $75.24 396 $75.24 0611629031330 121 1ST AVE SE 0510110 916 $174.04 916 $174.04 SPECIAL SERVICE DISTRICT CHARGES -LIST SORTED BY CITY PARCEL NUMBER Difference In Square Footage Calculation Difference In Square Footage Calculation 0 Difference In Square Footage Calculation Difference In Square Footage Calculation I V � Printed - 9/21/03 Page 17 1 va-) • City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revisal Service Charge Per Year Property DEKOSTER STEVEN [honer 2 FRANKLIN ST SW Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property STEVEN & LENORE FLINN Owner 1071STAVE SW Information HOtL'HINSON MN 55350 . City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property HAUKOS KIM Owner 1030 REED LAN Information GLENCOE MN 55336 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year NA 1629040010 2 FRANKLIN ST SW 0500700 2118 $402.42 2118 . ..- $402.42 DEKOSTER NANCY 0611629040060 107 1ST AVE SW - - - -- 11500760 _... 1132 $215.08 1132 $215.08 0611629040310 105 2ND AVE SW 0500960 - 3193 $606.67 3193 S6D6.67 0611629040390 1062ND AVE SW 0502330 24481 $465,12 2040 $387.60 Property SECOND AVE PROPERTIES INC: Owner 19374 MEMORY CIR Information HUTCHiNSON MN 55350 Difference In Square Footage Calculation Fo__. Difference In Square Footage Calculation Difference In Square Footage Calculation 0 Difference In Square Footage Calculation 408_— SPECIAL SERVICE DISTRICT CHARGES - LIST' SORTED BY CITY PARCEL NUMBER Printed - 8/x1/03 Page I8 i c0(Q) City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property PROFESSIONAL PROPERTIES Owner OF IIUTCHINSON LLC Information 200 FRANK LIN ST' HUTC:HINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year 0611629040410 200 FRANKLIN ST SW 0502320 1375 $261.25 1375 5261,25 OF HUTCHINSON LLC 0611629060010 308 MAIN ST S 0502700 6536 $1,241.84 6536 Difference In Square Footage Calculation I Difference In Square Footage Calculation 0 Property FIRST MINNESOTA BANK NA CON: MARQUETTE BANK BUTCH Owner 4625 HWY 101 P 0 BOX 1000 Information MINNETONKA MN 55343 MINNEAPOLIS MN 55480 -1000 • City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property FAITH LUTERHAN CHURCH Owner 335 MAIN ST S Information HUTCIIINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property SOUTHWEST MINN FOUNDATION Owner 1390 HWY 15 S Information HUTCHINSON MN 55350 0611629060160 305 MAIN ST S o5nzgso _._...... 6920 51,314.80 6920 $1,314.80 3111729110650 144TH AVF NW 0562090 2o40 $387,60 20401 5387.611 Difference In Square Footage Calculation Difference In Square Footage Calculation 0 SPECIAL SERVICE DISTRICT CHARGES - LIST SORTED BY CITY PARCEL NUMBER Printed - 8/21/03 Page 19 G(a) City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property MILLPOND PROPERTIES LLC Owner 126 FRANKLIN ST NW Information SUITE 100 HUTCHINSON MN 55350 City Force] Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property REI'1ER,DVM CURTIS Owner JANEL REITER Information 715 OOEBEL ST SW 4764 HUTCHINSON MN 55350 .City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property JERALD & JONELL JONES Owner 55524 CO RD 38 Information BIIPI'AI.O LAKE MN 55314 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year 31117291403101 Difference In Square Footage Calculation 126 FRANKLIN ST NW 0562880 4764 . .. $905.16 4764 $905.16 3111729140370 146 MAIN ST N 0562940 1440 $273.60 1440 $273.60 RE] '1'Y'.R IANEL 3111729140380 140 MAIN ST N 0562950 5505 $1,045.95 48901 $929.10 3111729140390 122 MAIN S'1 N 0562960 87121 $1,655.28 8712 $1,655.28 Difference In Square Footage Calculation 10 ----------- Difference In Square Footage Calculation 61L--] Difference In Square Footage Calculation L_ Property QUADS: PAM. IA'D PAR'IN14ASHIP (CON) QUADES INC: Owner 354TH AVE NE 354TH AVE NF. Information HUTCHINSON MN 55350 HUTCHINSON MN 55350 SPECIAL SERVICE DISTRICT CHARGES - LIST SORTED BY CITY PARCEL NUMBER Printed - 0/21/03 Page 20 co to-) City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property IIOWARD P QUADS JR ETAL Owner 354TH AVE NE Information HUTCIIINSON MN 55350 City Parcel Identilleatlon Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property GLEN G C RIX Owner 575 FRANKLIN ST SW Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property KUEHI, J. W Owner 851STAVE NW Information HU I CHINSON, MN 55350 3111729140400 120 MAIN ST N 0562970 ._— 3968 3968 $753.92 3111729140420 116 MAIN ST N 0562990 3168 .... $601.92 31t�x 3111729140430 104 MAIN 57 N 0563000 1276 _$242.44 1276 - __— 5242.44 No) z s 1191816l l I R111111 31:Y 3111729140440 85 1STAVE NW 0563010 3773 $716.87 __. 27651 $525.35 1 Difference In Square Footage Calculation 0 Difference In Square Footage Calculation 0 ... . Difference In Square Footage Calculation 0 J' Difference In Square Footage Calculation Iona __ SPECIAL SERVICE DISTRICT CHARGES -LIST SORTED BY CITY PARCEL NUMBER Printed - 8/21 /03 Pagc 21 6(a) Property QUADE FAMILY Ll DPARTNERSHIP Owner 354TH AVE: NE Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property GLEN G C RIX Owner 575 FRANKLIN ST SW Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property KUEHI, J. W Owner 851STAVE NW Information HU I CHINSON, MN 55350 3111729140400 120 MAIN ST N 0562970 ._— 3968 3968 $753.92 3111729140420 116 MAIN ST N 0562990 3168 .... $601.92 31t�x 3111729140430 104 MAIN 57 N 0563000 1276 _$242.44 1276 - __— 5242.44 No) z s 1191816l l I R111111 31:Y 3111729140440 85 1STAVE NW 0563010 3773 $716.87 __. 27651 $525.35 1 Difference In Square Footage Calculation 0 Difference In Square Footage Calculation 0 ... . Difference In Square Footage Calculation 0 J' Difference In Square Footage Calculation Iona __ SPECIAL SERVICE DISTRICT CHARGES -LIST SORTED BY CITY PARCEL NUMBER Printed - 8/21 /03 Pagc 21 6(a) City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property GARY /MARY LYNNE COX Owner 1075 RANDALL RD SP, Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property WENDLING BARBARA Owner 69208 213TH ST Information DARWIN MN 55324 . City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property DURWOOD& DORIS LAMPRECIIT Owner 3616TH AVES Information P O BOX 143 BROWNTON MN 55312 City Parcel Identification Number: Property Address County Parcel identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property MARK & LINDA SCHMIDT Owner 68592215TH ST Information DARWIN MN 55324 3111729140480 Difference In 46 MAIN ST N Square Footage 0563560 . ___. ... —__.. Calculation 2888, $548.72 ' L— _____. ` -_� 28881 $548.72 CON - ROBERT /KARENPETERSON 16GROVESTSW HUTCHINSON MN 55350 3111729140490 40 MAIN ST N 0563570 2464 $468.16 - -- 1760 $334.40 HENKE• -CD IOLA 765 CENTURY AVE SW HUTCHINSON MN 55350 3111729140500 36 MAIN S7 N 0563560 2937 $558.03 2744 3111729140510 34 MAIN STN 0563590 2160 $410.40 2040 $387.60 CKU�Rukt:t1112RJ:hCM1:I: \:4GR.7 Difference In Square Footage Calculation 704 1 Difference In Square Footage Calculation 193 Difference In Square Footage Calculation 120 SPECIAL SERVICE DISTRICT CHARGES - LIST SORTED BY CITY PARCEL NUMBER Printed - 8/21/03 Page 22 (a-) City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property TAMMY S LAUER Owner 1255 ROLLING OAKS LN NW Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property CHRISTIANSON BRUCE Owner 24 MAIN ST N Information HUTCIIINSON MN 55.350 • City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property NEIL & LYNETTE JF.NSF.N Owner 22 MAIN ST N Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property MAIN STR. SPORI:SBAR, fNC Owner 18 MAIN ST N Information HUTCHINSON MN 55350 i 3111729140520 28 MAIN STN 0563600 5267 $1,000.73 - 4928 -- -- $936.32 -_ CD: JOHN & LUIS YE'I'7ER 595 MILWAUKEE AVE SW HUTCHINSON MN 55350 3111729140530 24 MAIN ST N 0563610 - 1720 $326.80 120 1200 $228.00 (COI)HOEFT CARLOS A 3111729140540 22 MAIN STN 2681 $509.39 2156 — $409.64 3111729140550 18 MAIN SI'N 0563630 1672 $317.68 1672 $317.68 Difference In Square Footage Calculation 339 Difference In Square Footage Calculation 520 Difference In Square Footage Calculation 525 l Difference In Square Footage Calculation 0 SPECIAL SERVICE DISTRICT CHARGES - LIST SORTED BY CITY PARCEL NUMBER Printed - 8/21/03 Page 23 co(a) 0 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property MAIN STR. SPORTSBAR, INC owner 18 MAIN ST N Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property WAYNE/GERALDINE SCHWARZE Owner 9601 MAJOR AVE Information BROWNTON MN 55312 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property KBNN$IH LOVALD Owner 965 THOMAS AVE SW Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year 31117291405110 16 MAIN ST N 0563640 2772 5526.68 27721 $526.68 (CON) PETERSON DUWAYNE HOWARUI. MADSEN POBOX 66 HUTCHINSON MN 55350 3111729140580 8 MAIN $rN 0563670 2429 .....__._._.._ $461.51 2156 $409.64 3111729140600 2 MAIN ST N 11563660 $556.ft9 — 2904 5551.76 LORRAINE A MEYERTRUST SPECIAL SERVICE DISTRICT CHARGE% -IAST SORTED BY CITY PARCEL NUMBER Difference In Square Footage Calculation Difference In Square Footage Calculation ___.....352 . Difference In Square Footage Calculation 273- Difference In Square Footage Calculation 27 Printed - 8/21/03 Page 24 i co ��� 3111729140570 LORRABIE A MEYER- TRUS "I F.F. 12 MAIN ST N Owner 0563650 Information _- 1672 - -- $317.68 1320 $250_80.. (CON) PETERSON DUWAYNE HOWARUI. MADSEN POBOX 66 HUTCHINSON MN 55350 3111729140580 8 MAIN $rN 0563670 2429 .....__._._.._ $461.51 2156 $409.64 3111729140600 2 MAIN ST N 11563660 $556.ft9 — 2904 5551.76 LORRAINE A MEYERTRUST SPECIAL SERVICE DISTRICT CHARGE% -IAST SORTED BY CITY PARCEL NUMBER Difference In Square Footage Calculation Difference In Square Footage Calculation ___.....352 . Difference In Square Footage Calculation 273- Difference In Square Footage Calculation 27 Printed - 8/21/03 Page 24 i co ��� Property LORRABIE A MEYER- TRUS "I F.F. Owner LORRAINE A MEYER TRUST Information 45 JEFFERSTON ST SE - -- HUTCHINSON MN 55350 — (CON) PETERSON DUWAYNE HOWARUI. MADSEN POBOX 66 HUTCHINSON MN 55350 3111729140580 8 MAIN $rN 0563670 2429 .....__._._.._ $461.51 2156 $409.64 3111729140600 2 MAIN ST N 11563660 $556.ft9 — 2904 5551.76 LORRAINE A MEYERTRUST SPECIAL SERVICE DISTRICT CHARGE% -IAST SORTED BY CITY PARCEL NUMBER Difference In Square Footage Calculation Difference In Square Footage Calculation ___.....352 . Difference In Square Footage Calculation 273- Difference In Square Footage Calculation 27 Printed - 8/21/03 Page 24 i co ��� City Parcel Identification Number: Property Address •County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property POWELL ROBERT D Owner 1119 LEWIS AVE Information IIUTCHINSON, MN. 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property FRANC, JR. GORDON O owner 4TH AVE NE information HUTCHNSON MN 55350 . City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property STANDAR!) PRINTINGj COMPANY Owner 124 4'fH AVE NE Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Sery ice Charge Per Year Property $1 ANDARD PRINTING COMPANY Owner 124 4`111 AVE NE Information HUTCIIINSON MN 55350 3111729150010 Difference In Square Footage Calculation 194 4TH AVE NE 0562000 7040 $1,337.60 7040 -- - - - - -- $1,337.60 311!729150020 154 4TH AVE NE 0562010 932 5177.08 $177.08 3111729150030 134 4TH AVE NE 0562020 4880 ... __.. ._ _. $927.20 4800 $912,00 3111729150040 124 41 H AVE NB 0562030 2400 5456.00 2400 $456.00 Difference In Square Footage Calculation 0 Difference In Square Footage Calculation 80 Difference In Square Footage Calculation SPECIAL SERVICE DISTRICT CHARGES - LIST SORTED BY CITY PARCEL NUMBER Printed - 8121103 Page 25 (x (c)- City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property KEVIN S /TERRIE M ERICKSON Owner 110 4TH AVE NE Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property ALFRED RAYMOND KRAMER Owner 504 8TII ST NE Information HUFFAW MN 55313 -1823 . City Parcel Identification Number: Properly Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Properly POWELL uHI.ORES H Owner 11191.HWIS AVE Information 14LJTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property DAVID RSKOOG Owner P O BOX 455 Information HUTCHINSON MN 55350 3111729150050 Difference In 110 4TH AVE NE Square Footage 0562040 Calculation 1080 -- $205.20 0 1080 ...... ------ -- - - -- - $205.20 3111729150480 Difference In Square Footage Calculation 144 105 WASHINGTON AVE E 0563310 9164 $1,741.16 9020 $1,713.80 3111729150540 28 IST AVE NE 0563360 .._.. - 4764 $905.16 4764 .. - .._ $905 -16 SMITH (CON)DALE A 1280 RUI.LINO OAKS LANE HUTCHINSON MN 55350 3111729150550 22 1 STAVE NE 0563370 2880 $547.20 - -2880 $ 547.20 Difference In Square Footage Calculation Difference In Square Footage ('alculotion SPECIAL. SERVICE DISTRICT CHARGES -LIST SORTED BY CITY PARCEL NLIMUGR Printed - 8121103 Page 26 (x (n City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property MEHL, HANSON, BECKMAN, Owner PARTNERSHIP Information 12 HASSAN ST NE, SUITE 103 HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property INGLIS THOMAS H Owner 650 LAKEWOOD DR Information IiUTCHINSON,MN. 55350 . City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Proper. DAGGETT THOMAS F Owner 20732 BELLF I.AKF. RD Information IIUTCHINSON,MN. 55.150 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property 45 LIBRARY S(JIJARf: Owner 45 WASHINGTON AVE E Information HUTCHINSON,MN. 55350 3111729150570 Difference In 45 WASHINGTON AVE E 101- Square Footage 0540010 Calculation -.. ..._ $906J 1^ $906.11 Ivltil Ilk IaX)NJ;i 3111729150572 45 WASHINGTON AVE E 201 0540020 2650 $503.50 2650 $503.50 3111729150573 45 WASHINGTON AVE E 301 0540030 .. -..- ... ..._ —_ 2650 $503.50 2650 F — $503.50 ZAJI(:FK- DAGGEJ I BARBARA L 20732 BELLE LAKE RD HiITCHINSON,MN. 55350 3111729150574 45 WAS] NGTON AVE E 0540040 6016 $1,143.04 6016 $1,143.04 Difference In Square Footage Calculation 0 Difference In Square Footage Calculation ILI Difference In Square Footage Calculation 0 SPECIAL SERVICE DISTRICT CHARGES - LIST SORTED BY CITY PARCEL NUMBER Printed - 8/21/03 Page 27 �n(a� 0 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property CARMIKE CINEMAS INC. Owner 13011ST AVE Information P O BOIL 391 COLUMBUS (JA 31902 4391 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property BRETT A & MARIA OMAN Owner 16690705TH AVE Information PASSEL MN 55325 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property SCOTT DAVID RECH Owner 528 112 S FRONT ST, APT #1 Information MANKATO MN 56001 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property IENSFN LYNETTE Owner 7 MAIN ST N information HLICHIMON MN 55350 3111729150580 35 WASHINGTON AVEE 0563400 7000 $1.330.00 7000 $1,330.00 31117291511590 25 WASHINGTON AVEE 0563420 - -..... -- 1440 _. _. $273.60 120 1200 $228.00 Difference In Square Footage Calculation Difference In Square Footage Calculation 240 3111729150600 Difference In 3 MAIN ST N Square Footage _ - - -- 0563440 Calculation _ -- — 2347 . _ ._.... 1 .. $445,93 ._ 39 .._— 1956 - $371.64 3111729150610 7 MAIN Sl N 0563430 8400 $1,596,00 8400 $1,596.00 Difference In Square Footage Calculation 0 SPECIAL SERVICE DISTRICT CHARGES - LIST SORTED BY CITY PARCEL NUMBER Printed-8/21/03 Page 28 (0 (C C� City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property WACKER ROGER Owner ROUTE I BOX 12 Information STEWART.MN. 55385 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property TINO YOUNG ZHENG Owner 875 CLEVELAND AVF. SW Information . City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property WILLIAM & BECKY HAAS Owner 23 MAIN ST N Information HUTC:HINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property LEE &SHARON f.iRUHNHAGFN Owner 20014 KOGLIN RD Information Hl110.14iNSON MN 55350 3111729150620 I I MAIN ST N 0563450 2782 $528.58 . - .._ _._ 2574 — - -_ S489A6 WACKER CAROLYN Rau I "FI BOX 12 BTEWART,MN. 55385 3111729150630 19 MAIN ST N ..... ..._ .. 0563460 4840 $919.60 — 4840 - - -- $919.60 3111729150640 23 MAIN ST N 0563470 2772 $526.68 - - - - -- 2772 $526.68 Difference In Square Footage Calculation 208 Difference In Square Footage Calculation 0 Difference in Square Footage Calculation N 311172915066() 27 MAIN ST N 0563490 1512 --- $isi.z8 1512 ----. .... $287.28 Difference In Square Footage Calculation n SPECIAL SERVICE DISTRICT CHARGES - LIST SORTED BY CITY PARCEL NUMBER Printed - 8121/03 Page 29 co (a) E City Parcel Identification Number: Property Address County Parcel Identification Number Previous C'ammercisl Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property JANOUSEK IIENRY Owner 31 MAIN STN Information IIUTCIIINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount - Revised Service Charge Per Year Property JANET M VALEN INC Owner 35 MAIN ST N Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property MILRACH BARBARA E Owner 35 MAIN ST N Information HUTCHINSON MN 55350 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property GOLD COIN INC (honer POBOX635 Information HUTI-ICINSON MN 55350 3111729150670 31 MAIN ST N 0563500 1200 $228.00 1000 $190.00 JANOUSER E. A Difference In Square Footage Calculation 200 3111729150680 Difference In 35 MAIN STN Square Footage 0563510 Calculation 2684 _..__. ...._.. $509.96 .. .... _ _._ 2684 __ 5509.96 CON: FAY REALTY INC 35 MAIN ST N HUTCHINSON MN 55350 3111729150690 Difference In 37 MAIN ST N Square Footage 0563520 Calculation 1647 - - - -- $312.93 305 - - - -- - — 1342 $254.98 3111729150700 45 MAIN ST N 0563540 2037 $387.03 2037 $387.03 Difference In Square Footage Calculation 0 SPECIAL SERVICE DISTRICT CHARGES- LIST SORTED BY CITY PARCEL NUMBER Printed - 8/21/03 Page 30 co ((�) City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property GAIL MCLAIN Owner 33312 615TH AVE Information LITCHFIELD MN 55,155 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property DOBRATZ DOUGLAS D /honer 1001 LEWIS AVE Information HUTCHINSON. MN. 55350 . City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property SHOPKO STORES INC: Owner PO BOX 19060 Information GREEN BAY,Wl. 54307.9060 City Parcel Identification Number: Property Address County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property NORWEST BANK MN SOUTiI Owner 6TII & MARQUETTE Information MINNEAPOUS MN 55479 3111729150710 43 MAIN ST N, 05635301 29J S55.L0 290 3111729150720 47 MAIN S I- N 0$63550 2379 $452.01 $452.01 DOBRAI'Z CAROL 1001 LEWIS AVE H Ul'CH INSON,M N. 55350 3111729150730 125 MATN ST N 0570010 -- - -63819 _ -- $12,125.61 63819 $12,125.61 3111729150731 135 MAIN ST N 0570015 7129 -_ - -. - - $1,354.51 7129 $1,354.51 Difference In Square Footage Calculation Difference In Square Footage Calculation D Difference In Square Footage Calculation 0 ... Difference In Square Footage Calculation 0 SPECIAL SERVICE DISTRICT CHARGES - LIST SORTED ]BY CITY PARCEL. NUMBER Printed - 8/21/03 Page 31 co (C,� City Parcel Identification Number: Property Address 10 County Parcel Identification Number Previous Commercial Square Footage Amount Previous Service Charge Per Year Revised Square Footage Amount Revised Service Charge Per Year Property ERICKSONS DNERSIPIED CORP Owner P 0 BOX 355 Information MINNEAPOLIS MN 55440.0355 0 3111729150761 205 WASHINGTON AVE E 0720010 46784 $8,888.96 46784 $8,888.96 Difference In Square Footage Calculation 0 SPECIAL SERVICE DISTRICT CHARGES -1AW SORTED BY CITY PARCEL NUMBER Printed - 8/21103 Page 32 c0c� RESOLUTION NO. 12245 RESOLUTION ADOPTING ASSESSMENT . ASSESSMENT ROLL NOS. 5064 AND 5065 LETTING NO. 51 PROJECT NOS. 03- 12/03 -19 S.A.P. NO. 133 - 131 - 01/133- 117 -12 SEH NO. A- HUTCH0301.00 WHEREAS, pursuant to resolution and notice of hearing the Council has met and reviewed the proposed assessment for improvement of: Project No. 03 -12: Edmonton Ave SE from Montreal St SE to Jefferson St SE by construction of storm sewer, sanitary sewer & services, watermain & services, grading, gravel base, bituminous base, bituminous surfacing, trail and appurtenances Project No. 03 -19: TH 7 Frontage Road — East of School Road by construction of street relocation, trail and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2004, and shall bear merest at the rate of 4.33 perr ent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from November 1, 2003 until the 31 st day of December, 2004. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 14th day of November, 2003; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 26th day of August, 2003. City Administrator E Mayor (0('0 b Ak Am COMPILED BY: P VAN H ASSESSMENT ROLL NO. 50 LETTING NO. 51PROJEC7 NOS. 03.72 8 03.19fSAP 133.731 -01 3 133 -1 tt -12 EDMONTON AVE SE FROM MONTREAL ST SE TO JEFFERSON ST SE BY CONSTRUCTION OF STORM SEWER, SANRARY SEWER & SERVICES, WATERMAJN &SERVICES, GRADING, GRAVEL BASE, BRUMINDUS BASE, BITUMYIOUS SURFACING & APPURTENANCES $21:16 OUTLOT A - PER UNtt dW COMPUTED BY: ,I RODEBERG $288.85 OUTLOT 8 - PER UNIT COST CHECKED BY: P. VANOER VEEN 1ST HEARING: 05W=03 NUMBER OF YEARS: 30 2ND HEARING: 08f2W2003 INTEREST RATE 4.3S% ADOPTED: 0812612003 ACCOUNT NO. CITY PIO No. COUNTY PFD NO. NAME &ADDRESS OF PROPERTY OWNER LEGALDESCRIPTION AODmCHORSUBDIVISION UNITS STREET ASSESS. CREDIT TOTAL ACTIVE ASSESS. 1 07- 118 -29 -11 -0020 Rolling Green Inc Property Address: 1350 Bradford St SE 15525 32nd Ave N Oullol B 23.441.0230 Plymouth MN 55447 Sum merset Addition 72 $20,653.92 50A0 $20,653.92 2 07- 116 -29- 06-0930 Rolling Green Inc Properly Add ressA 286 Sherwood St SE 15525 32nd Ave N Outlot C 23.441.0240 Plymouth MN 55447 S ummerset Addition 52.25 S17,856.42 $0.00 $17,85$.42 SA-9C64fM3 LETTING NO BPROJ NO. 03.12 - EDMONTON AVE SEPAGE I OF 7 11111111116 Am Ah, corwPILED eY: P VAN EN ASSESSMENT ROLL NO. 50 LETTING NO. VFROJECT NOS. 03 -12 & 08- 19PZAP 133.131Al & 133. 117.12 EDMONTON AVE SE FROM MONTREAL ST SE TO JEFFERSON ST SE BY CONSTRUCTION OF STORM SEWER, SANITARY SEWER& SERVICES, WATERMIIN 8 SERVICES, GRADING, GRAVEL BASE, BFUMINOUS BASE, BITUMINOUS SURFACING S APPURTENANCES 5288.85 PER 11NPT COST COMPUTED BY: J RODEBERG CHECKEDSY: P. VANDER VEEN 1ST HEARING: 05127!2003 NUMBER OF YEARS: 1B 2ND HEARING: 0612612003 INTEREST RATE: 4.]355 ADOPTED: 08@612083 ACCOUNT NO, CITY PID NO. COUNTY PRI NO. NAME & ADDRESS OF PROPERTY OWNER LEGAL DESCRIPTION ADDn OR SUBDWISKIN UNrrs STREET ASSESS. CREOR TOTAL ACTIVE ASSESS. 3 07- 116 -29 -07 -1020 Rolling Green Inc Property Address: 1279 Sherwood St SE 35525 32nd Ave N Lot 1, Block 1 23- 445.0010 Plymouth MN 55447 Summerset Second Addition 1 $286.85 $0 -00 $286.85 4 07. 116 -29 -07 -1030 Rolling Green Inc Property Address: 1283 Sherwood St SE 15525 32nd Ave N Lot 2, Block 1 23.445.0020 Plymouth MN 55447 Summerset Second Addition t $286.85 SO -00 $288.85 5 07- 116 -29 -07 -1040 Rolling Green Inc Property Address: 1287 Sherwood St SE 15525 32nd Ave N Lot 3, Block 1 23.445.0030 Plymouth MN 55447 Summerset Second Addition 1 $286 -85 $0.00 $286.85 6 07- 116 -29- 10-0030 Rolling Green Inc Properly Address:1291 Sherwood St SE 15525 32nd Ave N Lot 4, Black 1, 23.445.0040 Plymouth MN 55447 Summerset Second Addition 1 5286.85 SO.00 $286.85 7 07- 116 -29 -10 -0040 Rolling Green Inc Property Address: 1290 Sunburst Way SE 15525 32nd Ave N Lot 5, Block 1, 23.445.0050 Plymouth MN 56447 Summerset Second Addition 1 $286.85 $0.00 $286.85 8 07. 116 -29 -07 -1050 Rolling Green Inc Property Address: 1286 Sunburst Way SE 15525 32nd Ave N Lot 6. Block 1, 23- 445.0060 Plymouth MN 55447 Summerset Second Addition 1 $286 -85 50.00 $288.85 9 07. 116 -29 -07 -1060 Rolling Green Inc Property Address: 1265 Sunburst Way SE 15525 32nd Ave N Lot 1, Block 2, 23.445.0070 Plymouth MN 55447 Su mmerset Second Addition 1 $286.85 $0.00 $286.85 10 07 -116 -29-10 -0050 Rolling Green Inc Property Address: 1289 Sunburst Way SE 15525 32nd Ave N Lot 2, Black 2 23.445.0080 Plymouth MN 55447 Summerset Second Addition 1 $286.85 5{1.00 $286.85 11 07- 116 -29- 10-0060 Rolling Green Inc Property Address:1278 Denver Ave SE 15525 32nd Ave N Lot 3, Block 2 23.445.0090 Plymouth MN 55447 Summerset Second Addition 1 S286 -85 $0.00 $286.85 12 07 -116 -29- 07.1070 First Class Builders Property Address: 1272 Denver Ave SE 902 Hwy 15 South, Ste 900 Lot 4, Block 2 23- 445.0100 Hutchinson MN 55350 Summerset Second Add ition 1 1 $286.85 $0.00 $286.85 NO 8.4306912003 LETTING NO.5RROJ NO.O}72 - EDMONTON AVE SERAGE 2 OF AMIL COMPILED BY: P VAN EN ASSESSMENT ROLL NO. 50 LETTING NO. SIPROJECT NOS. 03 -12 & 03.191SAP 133 -131 -01 & 133. 117.12 EDMONTON AVE SE FROM MONTREAL ST SE TO JEFFERSON ST SE BY CONSTRUCTION OF STORM SEWER SANITARY SEINER 8 SERVICES, WATERMAIN &SERVICES, GRADING, GRAVEL BASE, BITUMINOUS BASE, BITUMINOUS SURFACING &APPURTENANCES $286.85 PER UNIT COST COMPUrm BY: J ItODEBERO CHECKED BY: P. VANDER VEEN 1ST HEARING: 0&2712003 NUMBEROFYEARS: 10 2ND HEARING: OW612003 INTEREST RATE: AM% ADOPTED: 0812612003 ACCOUNT NO. CrrY PFD NO. COUNTY PhD NO. HAME&ADDRESS OF PROPERTY OWNER LEGAL DESCRIPTION A0DmbON OR SUBDIVISION UNITS STREET ASSESS. CREDIT TOTAL ACTIVE ASSESS, 13 07 -116 -29-07 -1080 Roiling Green Inc Property Address: 1266 Denver Ave SE 15525 32nd Ave N Lot 5, Block 2 23.445.0110 Plymouth MN 55447 Summerset Second Addition 1 5286 -65 $0.00 $286.85 14 07 -116 -29-07 -1090 Rolling Green Inc Property Address: 1260 Denver Ave SE 15525 32nd Ave N Lot 6, Block 2 23.445.0120 Plymouth MN 55447 Summerset Second Addition 1 $286.85 $0.00 $286.85 15 07- 116 -29 -07 -1100 Rolling Green Inc Property Address: 1247 Denver Ave SE 15525 32nd Ave N Lot 1, Block 3 23.445.0130 Plymouth MN 55447 Summerset Second Addition I 5286.85 $0.00 $286.85 16 07- 116 -29-07 -1110 Rolling Green Inc Property Address: 1261 Denver Ave SE 15525 32nd Ave N Lot 21 Block 3 23.445.0140 Plymouth MN 55447 Sum merset Second Addition 1 $286.85 $0.00 $286.85 17 07. 116 -29 -07 -1120 Rolling Green Inc Property Address: 1255 Denver Ave SE 15525 32nd Ave N Lot 3, Black 3 23.445.0150 Plymouth MN 55447 Summerset Second Addition 1 S286.85 $0.00 $286.85 18 07 -116 -29-07 -1130 Rolling Green Inc Property Address: 1259 Denver Ave SE 15525 32nd Ave N Lot 4, Block 3 23.445.0160 Plymouth MN 55447 Summerset Second Addition 1 $266.85 $0.00 $286.85 19 07. 116 -29 -07 -1140 Rolling Green Inc Property Address: 1263 Denver Ave SE 15525 32nd Ave N Lot 5, Block 3 23.445.0170 Plymouth MN 55447 Summerset Second Addition 1 S286.85 $0.00 $286.85 20 07- 116 -29-10 -0070 Rolling Green Inc Property Address: 1267 Denver Ave SE 15525 32nd Ave N Lot 6, Block 3 23.445.0180 Plymouth MN 55447 Summerset Second Addition 1 $286.85 $0.00 $286.85 21 07- 116 -29- 10-0080 Rolling Green Inc Property Address: 1271 Denver Ave SE 15525 32nd Ave N Lot 7, Block 3 23.445.0190 Plymouth MN 55447 Summerset Second Addition 1 $266.85 $0.00 $286.85 22 07- 116 -29 -10 -0090 Rolling Green Inc Property Address: 1275 Denver Ave SE 15525 32nd Ave N Lot 8, Block 3 23.445.0200 Plymouth MN 55447 Summerset Second Addition 1 $286.85 $0.00 $286.85 r-� SA,W" 003 LETTING NO. &PROJ NO. 03 -12 - EDMONTON AVE SEMAGE 3 O 7 COMPILED BY: P VAN EN ASSESSMENT ROLL NO. 5 LETTING NO. SlPROJECT NOS. 03 -12 & 03- 191SAP 133.131 Al & 133.117.12 EDMONTON AVE SE FROM MONTREAL ST SE TO JEFFERSON ST SE BY CONSTRUCTION OF STORM SMER, SANITARY SEWER S SERVICES, WATERMAIN & SERNCEB, GRADING, GRAVEL SASE, BITUMINOUS BASE, BITUMINOUS SURFACING &APPURTENANCES $266.85 PER UNff COST COMPUTED BY: J RODEBERG CHECKED BY: P.YANDER VEEN 1ST HEARING: 0512712003 NUMBER OF YEARS: 10 2ND HEARING: 0626;2003 INTEREST RATE: 4,33% ADOPTED: 06126!2003 ACCOUNT RD. CITY PID NO. COUNTY PID NO. NAME S ADDRESS OF PROPERTY OWNER LEGALOESCRFRON ADDn10N OR SUBONI3ION UNITS STREET ASSESS. CREDIT TOTAL ACTIVE ASSESS. 23 07. 116 -29 -10 -0100 Rolling Green Inc Property Address: 1279 Denver Ave SE 15525 32nd Ave N Lot 9, Block 3 23.445.0210 Plymouth MN 55447 Su mmerset Second Addition 1 $286.85 $0.00 $286.85 24 07- 116 -29-10 -0110 Rolling Green Inc Property Address! 1283 Denver Ave SE 15525 32nd Ave N Lot 10, Block 3 23.445.0220 Plymouth MN 55447 Summerset Second Addition 1 $286.65 $o.00 $288.85 25 07- 118 -29 -10 -0120 Rolling Green Inc Property Address: 1287 Denver Ave SE 15525 32nd Ave N Lot 11, Block 3 23.445.0230 Plymouth MN 55447 Su mmerset Second Addition 1 $286.85 $0.00 $286.85 26 07- 11Fr29 -10 -0130 Rolling Green inc Property Address: 1291 Denver Ave SE 15525 32nd Ave N Lot 12, Block 3 23.445.0240 P€ymouth MN 55447 Summerset Second Addition 1 $286.85 $0.00 $286.85 27 07- 118 -29- 10-0140 Rolling Green Inc Property Address: 1295 Denver Ave SE 15525 32nd Ave N Lot 13, Block 3 23.445.0250 Plymouth MN 55447 Su mmerset Second Addition 1 $288.85 $0.00 $286.85 26 07- 116 -29-10 -0150 Rolling Green Inc Property Address: 1299 Denver Ave SE 15525 32nd Ave N Lot 14, Block 3 23.445.0260 Plymouth MN 55447 Summerset Second Addition 1 $286.85 $0.00 $285.85 29 07- 116 -29- 10-0160 Rolling Green Inc Property Address:1315 Sherwood St SE 15525 32nd Ave N Lot 15, Block 3 23.445.0270 Plymouth MN 55447 Summerset Second Addition 1 $285.85 $0.00 $286.85 30 07- 146 -29 -10 -0170 Rolling Green Inc Property AddreSS:1327 Sherwood St SE 15525 32nd Ave N Lot 16, Block 3 23.445.0280 Plymouth MN 55447 Summerset Second Addition 1 $286.85 $0.00 $265.85 31 07- 116.29 -10 -0180 Rolling Green Inc Property Address:1339 Sherwood St SE 15525 32nd Ave N Lot 17, Block 3 23.445.0290 Plymouth MN 55447 Summerset Second Addition 1 $286.85 $10.00 $286.85 32 07- 116-29- 10-0190 Rolling Green Inc Property Address:1351 Sherwood St SE 15525 32nd Ave N Lot 18, Block 3 _ 23.445.0300 jPVrnouth MN 55447 Su mmerset Second Add ition 1 1 $286.85 $0.00 $286.85 f SA-50542003 LETTING NO. 51PRCU NO. 0.112- EDMONTON AVE SEIPAGE 4 OF 7 WIWIIIED By P VAN EN A ASSESSMENT ROLL NO. SO $ $286.85 P PER UNIT COST NW CHECKED BY: P- VANDER VEEN E 1ST HEARING: 05727/2003 NICER OF YEARS: 10 B 2ND HEARING: OW2612003 INTEREST RATE 411% G ADOPTED: 0612612003 ACCWNF C CITY PE NO. N NAME &ADDRESS L LEGAL DESCMPT10M S TWITS A STREET A CREOIT A TOTAL 33 0 07 -116 -29-10 -0200 R Rolling Green Inc P Property Address: 1363 Sherwood St SE 15525 32nd Ave N L Lot 19, Block 3 23.445.031E P Plymouth MN 55447 S Summerset Second Addition 1 1 S S286.85 S SOHO $ $286.85 34 0 07- 116 -29 -10 -0210 R Rolling Green Inc P Property Address: 1375 Sherwood St SE 15525 32nd Ave N L Lot 20, Block 3 23.445 -0320 P Plymouth MN 55447 S Su mmerset Second Addition 1 1 $ $286.85 $ $0.00 $ $286.85 35 0 07- 116.29 -10 -0220 R Rolling Green Inc P Property Address: 1387 Sherwood St SE 15525 32nd Ave N L Lot 21, Block 3 23.445.0330 P Plymouth MN 55447 S Summerset Second Addition 1 1 S S286.85 $ $0.00 $ $286.85 36 0 07- 116 -29 -10 -0230 R Rolling Green Inc P Property Address:200 Eau Claire St SE 15525 32nd Ave N I I Lot 1, Block 4 23.445.0340 P Plymouth MN 55447 S Summerset Second Addition 1 1 $ $286.85 $ $0.00 $ $286.85 37 0 07 -116 -29-10 -0240 R Rolling Green Inc P Property Add ress:204 Eau Claire St SE 15525 32nd Ave N L Lot 2, Block 4 23.445.6350 P Plymouth MN 55447 S Summerset Second Addition 1 1 $ $286.85 $ $0.00 $ $286.85 38 0 07- 116 -29-07 -1150 R Rolling Green Inc P Property Address: 1280 Sherwood St SE 15525 32nd Ave N O Oudot A 23- 445.0360 P Plymouth MN 55447 S Summerset Second Addition 4 4 $ $1,147.40 $ $0.00 $ $1,147.40 SA5064f2003 LETTING NO. 5IPROJ NO -9 12 - EDMONTON AVE SFIPAGE 5 OF 7 � �k I• COMPILED BY: P VAN N ASSESSMENT ROLL NO. 5 LETTING NO. &PROJECT NOS. 03.12 & 03.191SAP 133.131 -01 & 133. 117.12 EDMONTON AVE SE FROM MONTREAL ST SE TO JEFFERSON ST SE BY CONSTRUCTION OF STORM SEWER, SANITARY SEWER & SERVICES, WATERNWN & SERVICES, GRADING, GRAVEL BASE, BRIA,RNOUS BASE, BITUMINOUS SURFACING &APPURTENANCES $92,582.06 LUMP SUM = COMPUTED BY: J RODESERG CHECKED BY: P. VANDER VEEN 1ST HEARING: 05117/2003 NUMBER OFYEARS: 10 2ND HEARING: 9872672003 INTEREST RATE: 4.33% ADOPTED: 08!2612003 ACCOUNT NO. CITY PID NO. COUNTY PID NO- NAME & ADDRESS OF PROPERTY OWNER LEGAL DESCRIPTION ADDRION ORSUBDIVISIDN UNITS STREET ASSESS, CREDIT TOTAL ACTIVE ASSESS. 39 07- 116 -29- 09-0039 Hutchinson Land Holding LLC Property Address:400 Edmonton Ave SE 2455 12th St E Lot 13 23.230.0125 St Cloud MN 56304 Aud Plat Section 07- 116-29 40.63 AC 1 $92,582.06 $0.00 $92,582.08 SUB -TOTAL $92,562.06 $0.00 $92,582.06 SASDE42DM LETTING NO- SPROJ NO. 03 -12- EDMONTON AVE SEPAGE 5 OF 7 Akk _ COMPILED BY: P VAN N ASSESSMENT ROLL NO. 5 LETTING NO. &PROJECT NOS. 03.12 & 03- 191SAP 1334 31 -01 & 133 - 117 -12 EDMONTON AVE SE FROM MONTREAL ST SE TO JEFFERSON ST SE BY CONSTRUCTION OF STORM S EWER, SANITARY SEWER SERVICES, WATERMAIN & SERVICES, GRADING, GRAVEL BASE, BITUMINOUS BASE, BITUMINOUS SURFACING &APPURTENANCES $262,390.61 LUMP SUM COMPUTED BY: J RODEBERG CHECKED BY: P. VANDER VEEN 1ST HEARING: 05!2712003 HUMBEROFYEARS: 10 2ND HEARING: OW612003 INTEREST RAM' 4.33% ADOPTED. DBr2612003 ACCOUNT NO. CRY PID NO. COUNTY PID N0. NN,E &ADDRESS OF PROPERTY OWNER LEGAL DESCRIPTION ADMTMKORSUBDCVSIDN UNITS STREET ASSESS. CREW TOTAL ACTIVE ASSESS. 40 07- 11629 -12 -0020 Menard Inc Property Address: 1450 Montreal St SE 4777 Menard Or Lot 1, Block 1 (13.66 AweV41.21 Awes = 21.06x) 23.237.0010 Eau Claire W 1 54703 Menard Addition 0-00%1 $0.00 $0.00 $0.00 41 07- 11629 -12 -0030 Menard Inc Property Address: 1450 Montreal St SE 4777 Menard Or Lot 1, Block 2 (&K Awea141.21 Awes = 9.20 %) 23.237.0020 Eau Gaire WI 54703 Menard Addition 0.009E 50.00 $0.00 $0.00 42 07.116 -29.13 -0019 Menard Inc Property AddressA550 Montreal St SE 4777 Menard Or Lot 1, Block 3 [1.35 AveV41]1 Axes = 17.63 %) 23.237.0030 Eau Claire WI 54703 Menard Addition 0.00% $0.00 $0.00 $0.00 43 07- 71629 -13 -0020 Menard Inc Property Address: 152,5 Montreal St Se 4777 Menard Or Lot i, Block 4 {21.31 Aw 41.21 Awes = 51.71 %) 23.237.9040 Eau Claire WI 54703 Menard Addition 100.0% $262,390.61 $0.00 $262,390.61 SUB -TOTAL +011.00% $262,390.61 $0.00 $262,390.61 As pw leper ROm Menard, I= dated 0 &14 -2003, all me asses rs For iNs prole! fw Lots 1.2,3& d, DO& 4, Memrd Addition have Been assigned b -011, Mock 4. Menard AWition. N$404,670.10 TOTAL - ASSESSMENT ROLL NO. 5064 5404,fi70.7B $0.00 `/ SA- 50642003 LETTING NO. 5IPROJ NO. 0312 - EDMOHTON AVE SFYPAGE 7 OF 7 dilk Aghk Adikk COMPILED BY: P V EN ASSESSMENT ROLL NO. 50 LETTING NO. 51PRGJ ECT NOS. 03.12 & 03- 197SAP 133 - 131-01 & 133. 117.12 EDMONTON AVE SE FROM MONTREAL ST Sr TO JEFFERSON ST SE SOUTHWIND SUBDMSION LATERAL TRUNK SEWER AND RIGHT -CF -WAY ASSESSMENT $38,416.2500 LUMP SUM COMPUTED BY: J RODEBERG CHECKED BY: P. VANlDER VFEN 1 ST HEARING: D"7M003 HUMSEROFYEARS: 10 2ND HEARING: 0 812 612 0 0 3 INTEREST RATE: 4.34% ADOPTED: 08126!2003 ACCOUNr NO- CITY P® ND- COUNTY PID NO. NAME &ADDRESS OF PROPERTY OWNER LEGAL DESCRIPTION ADDITIONORSUBOTYISION UNITS STREET ASSESS. CREDIT TOTAL ACTIVE ASSESS. 1 07- 116 -29- 09-0030 Hutchinson Land Holding LLC Property AddressAO0 Edmonton Ave SE 2455 12111 St E 1-0 13 23.230.0125 St Cloud MN 56304 Aud Plat Section 07 -116-29 40.53 AC 1 $38,416.25 80-00 $38,416.25 TOTAL - ASSESSMENT ROLL NO. 5065 $36,416.25 $0.00 $38,416.25 r� ,7 S5- 506S2003 LETTING NO. 'a'PROJ N0.0312 - SOUTHWIND SUBO LATERAL TRUNK SEWER AND RW^HT -OF -WAY ASSESSMENT+PRGE 1 OF 1 I 0 Publication No 7087 PUBLISHED IN THE HUTCHINSON LEADER, Thursday, August 14, 2003 and Tuesday, August 19, 2003 Notice of Public Hearing CITY OF HUTCHINSON COUNTY OF MCLEOD STATE OF MINNESOTA 111 Hassan Street, Hutchinson MN 55350 phone (320) 587 -5151, ext. 258 or 203 fax (320) 234 -4240 Notice is hereby given the Hutchinson City Council will be holding a meeting in the Council Cumbers, at City Hall on Tuesday, August 26, 2003, at 6:00 p.m, for the purposes of holding a public hearing regarding the vacation of easements located at 810 and 820 Hillcrest Rd. N.E. between Lots 5 and 6 Block 1 , Walnut Ridge Estates Plat 3 All persons wishing to be heard regarding this application should appear at this meeting or provide written comments no later than 4:30 p.m. on Tuesday, August 26, 2003. Plans and materials are available at the City offices for review, by appointment. A complete agenda of the City Council meeting is also available at the City offices. If you have questions about the proposal, you may contact the Planning Department at the number provided. 11 Julie tscnac , AICP August 11 .2003 City Planning Director Date 11 0(C) 0 � :at>rm rlul rn��rc.I�P.ri�l A RESOLUTION OF THE CITY OF HUTCHINSON, MINNESOTA VACATING A PORTION OF THE UTILITY AND DRAINAGE EASEMENTS LOCATED BETWEEN LOT 5 AND LOT 6, BLOCK 1, WALNUT RIDGE. ESTATES, PLAT 3 THE CITY COUNCIL OFT HE CITY OF litl'1'C'111NSON, MINNESOTA ORDAINS: Section 1. Notice of hearing was duly given and publication of said hearing was duly made and was [Wade to appear to the satisfaction of the City Council that it would be in the best interests of the City to vacate a portion of the utility and drainage easements located between Lots 5 and 6, Block 1, Walnut Ridge Plat 3, for the purpose of constructing a twinhome over the easement area. Section 2. That the utility and drainage easements to be vacated are described as follows: Vacate that part of the drainage and utility easement over, under and across the South 6.00 feet of Lot 5, Block 1, WALNi1T RIDGE F.STATF.S PLAT 3, according to the recorded plat thereof, except the Fast 10.00 lect and the West 6.00 feet thereof. Also, vacate that part of the drainage and utility casement over, under and across the North 6.00 feet of Lot 6, Block 1, of said WALNUT RIDGE ESTATES PLAT 3, except the East 10.00 feet anti the West 6.00 feet thereof. . Section 3. This ordinance shall take effect from and after passage and publication. Adopted by the City Council this 260' day of August, 2003. ATTEST: Gary D. Plotz City AdministTUtor 0 Marlin'Turgerson Mayor (0(C) L, J c .r' L ui M LiJ IT I E - - N90000k00'w r za oo i r � � i I i w n I I 4 1 I LJ I a I f r 7 ! {j8 I 1 1 _ r I 1 _1 k E7� i I a r Ia a r I 1 1 I dI I I 1 ORDINANCE NO. 03 -353 • AN ORDINANCE AUTHORIZING ESTABLISHMENT OF SPECIAL SERVICE DISTRICT NO.1 WHEREAS, the City Council of the City of Hutchinson, Minnesota (the "City) has received o a petition (the "petition ") to establish Special Service District No. 1 (the "District") pursuant Minnesota Statutes, Section 428A.02 from the owners of certain properties located within. the City's downtown area. The properties located within the City's downtown area are those properties within the boundaries of the area generally illustrated in the map contained in Exhibit A attached hereto and specifically identified by current parcel identification numbers in Exhibit B attached hereto; and WHEREAS, the City Council has determined each of the following: (A) The owners of at least twenty -five percent (25 %) or more of the land area of property that would be subject to the Service Charge have signed the Petition; (B) The owners of at least twenty -five percent (25 %) or more of the net tax capacity of property that would be subject to the Service Charge have signed the Petition; . (C) The owners of at least twenty-five percent (25 0/6) or more of the individuals and business organizations subject to the proposed Service Charge have signed the Petition; and (D) It is appropriate to establish a special service district as requested in the petition; and WI3EREAS, notice of the public hearing concerning the petition to establish a special service district was published in the Hutchinson Leader on July 10 and July 24, 2003. Additionally, the City mailed notice of the hearing to the owner of record of each parcel within the area proposed to be included within the special service district. For the purposes of giving such mailed notice, the notice was sent to those shown on the records of the County Auditor. The City Council has determined that said notices were published and sent was held on August 12, 2003, before f the Hutchinson City Section 428A.02. The public hearing Council. NOW, THEREFORE, THE CITY OF HUTCHINSON ORDAINS: SECTION 1. Establishment of District. The City hereby establishes Special Service District No. 1 pursuant to Minnesota Statutes, Sections 428A.01 through 428A.101 (the "Act ") consisting of the properties within the boundaries of the area generally illustrated in the map contained in Exhibit A attached hereto and specifically identified by current parcel identification numbers in Exhibit 13 attached hereto. The current parcel identification numbers are subject to change in the event that parcels are combined and subdivided. SECTION 2. Services to be Performed. (c. 2.01 Provision of Services. The City may provide or contract for special services, which may include the construction of improvements, within the District (the "Services'; except, however, that the Services provided shall not include a service that is ordinarily provided throughout the City from the general fund revenue rovide or contract for ervices including, but not limited to, the following: the District. The City may p (a) Personnel and related expenses for the administration of services provided in the District. (b) Advertising and promotion of businesses and events in the District. (c) Construction, repair and enhancement of improvements in the District including, but not limited to, streets, sidewalks, alleys, trails, public gathering places, street lighting, public art, streetscape, parking, and parks. (d) Provision, installation, maintenance, removal, and replacement of banners and other decorative items for promotion of the District. (e) Provision, installation, maintenance, replacement, and removal of special signage relating to vehicle and bicycle parking, vehicle and pedestrian movement, and special events. (f) Provision, watering, fertilizing, maintenance, and replacement of trees, shrubbery, and . annual flowers and perennials on the public right -of -way. (g) Conducting events for the promotion of the District. (h) Dues for membership in the Chamber of Commerce and other organizations that provide benefit to the District. (i) Provision and maintenance of a reserve fund or capital reserve fund. 2.01 Additional Services. Additional services may be provided in the District by amending the Ordinance pursuant to Section 9 herein. SECTION 3. Service Charge Resolution. The City may impose Service Charges to pay for the costs of the Services within the District through a Service Charge Resolution to be adopted by the City Council pursuant to the Act. The Service Charge Resolution shall provide for the form and amount of any Service Charges to be imposed. SECTION 4. Bonds. The City may issue bonds to finance the costs of authorized improvements within the District pursuant to Minnesota Statutes, Section 428A.06. SECTION 5. Revenue Su lus. To the extent that the total of Service Charges collected exceed the cost of services rendered within the District, at the election of the City, all or a portion of such excess amount shall either be held as a reserve to pay the cost of future services provided under this Ordinance or applied to reduce the next year's Service Charge. <�(0) SECTION 6. Adviso Board. 7.01 Composition and Amgintrn An advisory board (the "Advisory Board "), consisting of a number of members determined by the City Council, at its discretion, who are City Council members, residents of the District, owners (or their representatives) of property within the District, or operators of businesses located within the District, may be created by the City Council by resolution. At the time of adopting a resolution, the City Council may approve a set of by -laws which will govern the Advisory Board's activities. The City Council at its discretion may pass a resolution terminating or suspending the Advisory Board. 7.02 Role of Advisory Board. The Advisory Board shall advise the City Council in connection with the construction, maintenance, and operation of improvements and the furnishing of special services in the District. The Advisory Board shall recommend an annual budget to the City Council. Before the adoption of any proposal by the City Council to construct improvements or provide services within the District or to impose Service Charges within the District, the Advisory Board of the District shall have an opportunity to review and comment upon the proposal or the imposition of Service Charges. The Advisory Board shall also make recommendations to the City Council on requests and complaints of owners, occupants, and users of property within the District and members of the public. 7.03 Removal and Termination. The City Council reserves for itself the right, at its sole discretion, to remove members of the Advisory Board, with or without cause, or to disband and terminate the Advisory Board before the expiration of the District. SECTION 7. Chan a in District Boundaries. Boundaries of the District may be modified pursuant to the provisions of the Act. SECTION S. Amendments. The Ordinance may be amended by the City Council pursuant to the procedures of the Act required for the initial establishment of the District. SECTION 9. Definitions and Construction. The terms used herein shall be defined as provided in Minnesota Statutes, Chapter 428A and this Ordinance shall be construed consistently therewith. SECTION IO.Filin . The City Administrator shall send a copy of this Ordinance to the Commissioner of Revenue within thirty (30) days after adoption under the Act. SECTION 11. Effective Date. This Ordinance shall be effective on the forty -fifth (45th) day fallowing adoption, which effective date shall be October 10, 2003. ADOPTED BY THE CITY COUNCIL ON THIS 26m DAY OF AUGUST, 2003. ATTEST: Gary D. Plotz City Administrator 3 Marlin Torgerson Mayor g (4 0 0 0 According to Minnesota State Statute, property owners had to sign the petition that was brought to the City Council on July 8, 2003. The following is a list of properties, within the district, that signed the petition. As well as, the businesses that rent from property owners who have signed the petition. As you will see, there is a wide array of businesses on this list, from small to large. • Albers Insurance Agency • American Family Insurance • American Legion Post 96 • Anderson Decorating • Aquaria Pets • Bavarian Haus Restaurant • Bradford Law Office & Alliance Title • Citizens Bank & Trust Co. • City Looks building • Corby Portrait Images • Dairy Queen • Dr. DeKoster, DDS • Dostal Electronics • Erickson Auto • Dr. Flinn DDS • Dr. Glaser, optometry • Gold Coin Restaurant • Hager Jewelry • Hometown Realty • Hutch Hotel • Hutchinson Leader • Hutchinson Pet Hospital - Reiter, Curt & Janel • Hutchinson Telephone Co. • Jensen & Gordon Law Office • Kraft, Walser, Hettig & Honsey Law • Lauer, Tammy - Picture the Pages & Unity Uniform • Lueneburg, Brad — Family Rexall Drug, Hanjani Law Office, & Minn -E- Sew -Ta Vac • Main Street Antiques • Main Street Sports Bar & Restaurant • McDonald, Ian • Piehl, Hanson, Beckman, CPA • Peterson Barber Shop • Peterson - Paulson • Quast, George — properties • Realty Plus • RE/ MAX Today's Realty • Second Avenue Properties • Southwest Minnesota Foundation • Standard Printing • State Farm Insurance — Mike McGraw • State Farm Insurance — Mark Westmiller • Steppingstone Gallery • Thimbleberries • Town & Country Tire • Village Shop • 101 Main Street Building Scab r • 0 2ZC2t Vtd SAx Faith Lutheran Church Evongencal Lutheran Church In America U, e 335 MOM Sf S, Hutchinson Minnesoto 55350 In FA1TH Office 320- 587 -2093 Fax 320 -587 -2090 Web Sites: www.faRhic.com www.folhongrove.com August 22, 2003 City Clerk / Lisa McClure, EDA Interim Director City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Re: Faith Lutheran Church Hope Center City Parcel Identification Number: 0611629060160 County Parcel Identification Number: 230502850 Property Address: 305 Main Street South This request is submitted in accordance with Minnesota Statute 428A.01 Subd 4, Benefit; Objection which sets forth the criteria whereby any affected landowner may file a written objection. The objection is two fold as follows: 1) The inclusion of the landowner's property in the district, for the reason that the property would not receive services that are not provided throughout the city to the same degree; 2) the fact that neither the landowner's property nor its use is benefited by the proposed special service. A detailed analysis and use of the premises is included in the following. Faith Lutheran Church Hope Center tenants include the following non -profit special service organizations, as mission partners, along with the square footage of space and their described purpose: Name Heartland Community Action Agency, Inc. 840 Heartlan d Community Action Agency, on behalf of McLeod County receives and distributes funds to supplement emergency food and shelter programs in the area, such as fuel assistance, winterization, homeless grants and similar kinds of assistance. In an effort to fill gaps in services, the Hutchison Heartland representative often teams resources with the McLeod County Food Shelf, McLeod Alliance for Victims of Domestic Violence, the Salvation Army and many of the Hutchinson churches. � (G -) ame . nce for omestic S ace ~Exem t Pu ose 975 McLeod Alliance for Victims of Domestic Violence, Inc, rViolence, (MAVDV) is a non- rofit p grassroots organizatio n that . assists victims of domestic violence through support, advocacy, intervention, and resources for safety. MAVDV assists the community with domestic violence, education, training and prevention. Big Brothers Big Sisters of Greater Twin Cities 165 Partners in Friendship of McLeod County is a non - profit, (Formerly Partners in community -based program designed as an intervention and Friendship) transition model for a target population of youth, ages 7-18 years of age. The program is designed to interact with troubled youth through volunteer adult mentors who serve as advocates and role models. To further enhance the program, a new working partnership is in progress to merge Partners in Friendship of McLeod county with another national federation, "Big Brothers Big Sisters of America" CcS (EBBS). Referrals to the Partners in Friendship program come from concerned parents, court systems, school, social service agencies and concerned citizens. Lighthouse Counseling i 410 Lighthouse Counseling, Ltd. Is a privately run business that provides counseling to individuals and families that is Christian based. Clients' fees are either paid personally or through funds established through churches and other organizations. Faith Lutheran Church has a good working relationship with Lighthouse Counseling, both to refer clients and to provide funding through its Christian Counseling Fund. It is our vision, together, to add a proactive dimension of new family and marriage services to compliment the mix of agencies at the Hope Center and Crow River Habitat for Hutchinson. 800 Habitat for Humanity works in pa-- tnership with those in Humanity, inc. need; building decent homes in decent communities. Parents and children in partner families gain stability and self- respect through home ownership and are mentored throughout the process. It is a Christian organization with an ecumenical nature. Its ultimate goal is to eliminate poverty housing and homelessness from the face of the earth. 0 Gam) . Name S ace Exempt Purpose _ tNoMnt on Cup Ministry, Inc. 180 Common Cup is a new non - profit organization derived from the Hutchinson Ministerial, to pool resources of area churches into one "Common cup" to provide assistance for those who do not qualify for other assistance. Currently five Hutchinson congregations are working together, including Christ the King Lutheran, Oak Height covenant, United Church of Christ, Riverside Assembly of God, St. Anastasia Catholic and Faith Lutheran Church. The Common Cup will provide a connection to area service agencies for those in need in the common goal of helping others. Common Area 1350 Hallway, conference Room, Entry, Rest Rooms, etc. Sub Total 7V720 Century 21 2200 The only commercial tenant in the building is Century 21. Total Special service district potential service charge statement shows commercial square footage as 6920 with a proposed service charge per year of $ 1,314.80. A copy is attached. Based on the Minnesota Statute at 428A.01 Subd, 4 Benefit: Objection, Faith Lutheran Church hereby requests that this property not be subjected to a service charge except for the commercial space occupied by Century 21 which is 2200 square footage at $ .19 for a total of $ 418. We also want to note that fixture use of this property is expected to be church educational space and administrative office space. At any time there is no commercial use of the property, real estate taxes would cease to be assessed, likewise any special service fee would also stop. The following resolution was adopted at a regular Faith Lutheran Church Council Meeting held August 19, 2003 which delegates to DuWayne Peterson the authority to act on behalf of the congregation. "Motion was made, seconded and carried to have DuWayne Peterson represent Faith Lutheran Church and Hope Center on Downtown Development Issues." This request and objection, consisting of 4 pages is submitted August 22, 2003 on behalf of Faith Lutheran Church. • u ayne ?T, rson Faith Luthurch Member i r FAITH LUTHERAN 9~05972090 09/04/09 02=S4pm q. 001 SPECIAL SERVICE DISTRICT POTENTIAL SERVICE CHARGE STATEMENT City Parcel Idaoli�catien Nwuber: County Parcel Identlfi_cationNumbe� Property.Addrm ;CDmm -n 21 Sg0are f'onteg! :Proposed Service Charlie Per Year] August 1, 2003 Dti116290(D160 230501850 305 MA IN ST 5 ~920 11,314.60 If ou have .._. _.__._.. ...__., _.._._ �,._ Page 89 . Y questions regarding the commercial square footage indicated - please contact Sac Schultz, - I McLeod County Assessin; at 320.864 -1255 rPiease note that if you awns separate - ........_ e _ o .. parcel. Y -` • - epa to tax parcels, you will receive separate notices for each parte4 — J ,-A vc') C� 0 1 Howard Madsen / Du Wayne Peterson Madsen Peterson Company 135 Third Avenue SE Hutchinson, MN 55350 (320)587 -2255 August 22, 2003 City Clerk / Lisa McClure, EDA Interim Director City of Hutchinson 1 I 1 Hassan Street SE Hutchinson, MN 55350 Re: Property at 1 I1 Main Street South City Parcel Identification Number: 0611629030700 County Parcel Identification Number: 230501310 Property Address: 11 I Main Street South According to the accompanying Special Service District Potential Service Charge Statement, the square footage of commercial use is 2904. Our lease states that square footage rented is 1180. Therefore, the proposed service charge should be reduced from $ 551.76, as shown on the accompanying statement, to the 1180 square feet of leased commercial space which calculates at $ .19 to an amount of $ 224.20. This objection is written to correct the square footage expected to be assessed. This letter is submitted this 22 day of August, 2003 on behalf of Howard Madsen and DuWayne Peterson. Madsen Peterson Company i 1.1 SPECIAL SERVICE DISTRICT POTENTIAL SERVICE CHARGE STATEMENT City parcel Identification Number:] [460unty Parcel Identffication mh er: Noroperty Address 1 -- -- P Commercial Square Footage (Proposed Service Charge per Ycar August 1, 2003 0611629030700 230501310 1 11 MgIN 57" S 2904 5551.7G -- -- _ Page 49 ff you have questions regarding the commercial square footage indlated - please contact Sue Schultz, McLeod County Assessing at 320 - 864 -1253 Please ante that iF you owa separate tax parcels, you will receive separate notices for each parcel. L S(c) Howard Madsen / Du Wayne Peterson Madsen Peterson Company l35 Third Avenue SE . Hutchinson, MN 55350 (320)537 -2255 August 22, 2003 City Clerk / Lisa McClure, EDA Interim Director City of Hutchinson 1 I 1 Hassan Street SE Hutchinson, MN 55350 Re: Property at 135 3`d Avenue SE City Parcel Identification Number: 0611629030990 County Parcel Identification Number: 230502090 Property Address: 135 3`d Avenue SE The final report of the Future Vision Revitalization Master Plan for Downtown Hutchinson as prepared for the Hutchinson Downtown Association and the City of Hutchinson has been reviewed in depth to determine how our property would benefit from the proposed special service district service charge. Minnesota Statute 428A.01 Subd.4 Benefit; Objection states that: . Subd.4. Benefit; objection. Before the ordinance is adopted or at the heating at which it is to be adopted, any affected landowner may file a written objection with the city clerk asserting that the landowner's property should not be included in the district or should not be subjected to a service charge and objecting to : (1) the inclusion of the landowner's property in the district, for the reason that the property would not receive services that are not provided throughout the city to the same degree; (2) the fact that neither the landowner's property nor its use is benefited by the proposed special service. Our building is located at the far southeast area of the district, far removed from downtown activity. We have professional service tenants who do not have customers to sell, no walk in business such as retail business does, the clients are served by appointment, dealing with a professional with a one on one basis. Because there is no deemed benefit we request that this property be excluded from any assessment. This letter is submitted this 22 day of August, 2003 on behalf of Howard Madsen and DuWayne Peterson. Madsen Peterson Company • B uWayne T. eterson, Partner R(rz� • SPECIAL SERVICE DISTRICT POTENTIAL SERVICE CHARGE STATEMENT rLlty Parcel Identification Number 0611629030990 �C'ounty Parcel Identification Numher_� 230502090 imperty Address] 135 3RD AVE SR Commercial Square Faotag� [Proposed. Service Charge Per Year August 1, 2003 4356 tg27.64 Page 54 If you have questhans regarding the commercial square footage Indicated - please contact Sue Schultz, — McLeod County Assessing at 320 -864 -1255 Please note that If you own separate tax parcels, you will receive separate notices for each parcel, C�(c) 0 E SPECIAL SERVICE DISTRICT POTENTIAL SERVICE CHARGE STATEMENT City Parcel Ideatificatfoa Numbe LOM Parcel Identification Number Property Address Commereial Squarc Footage [P-C-pusad S:rvic: Cha be Pc:.ycarl b iEJ , v c/VCs 3111729150550 230563370 221ST AVE N6 2880 8547.20 ,e y o-wnl n �,ee `�cC,e Ou4w Ps7 -e°,P UP 29 k<G e /C r2 S�-L�1 August 1, 2003 i cL Page 125 Me have questions regarding the commercial ltz square footage Indicated - please contact Sue Schu McLeod County Assessing at 320 -864 -1255 Please note that Ilyou own separate tax parcels you will receive separate notices for each parcel. V, -- 0 CITY OF HUTCHINSON MEMO Finance Department August 22, 2003 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: OTHER CITY COMPARISIONS - PROPOSAL FOR AUDIT SERVICES & OFOR 2003 - 2005 Background At the last council meeting the meeting a request was made to see how the quoted rates for services compare. The results of an informal survey found the following: Northfield $20,560 Mankato (1) $16,000 Fairmont $20,170 Willmar $13,000 (Willmar is currently d, a 50% rate increase for (1) City prepares report Owatonna (2) New Ulm Red Wing (1) ping an Audit services.) $15,000 ` $18,800 $18,500 RFF and is anticipating (2) Separate audit for Utilities which includes water electric & sewer which is a separate audit Our auditor is also telling us they are required for the next audit to do more fraud investigation and estimate that will add about 10 hours of audit time. At the last meeting we informed the council, the contract with the City's audit firm Abdo Abdo Eick & Meyers, ended with the 2002 audit. A proposal for services has been prepared, and is attached, from the firm for the next 3 years. Beginning with 2003 and beyond the City's financial statement must conform to GASB #34 reporting requirements. The firm has been auditing the City for several years giving them the financial background and knowledge of the City of Hutchinson. It would make sense to retain the firm and their expertise during this time of 11 conversion. Action I would ask for auditing the council to approve of the accepting the proposal services from Abdo Abdo Rick & Meyers. H: \➢OC \City council memo l.doc (�(.S) w ABDO k..k "TICK t. MM 1 lr.J LLP Lertf[ed fi bite Aavuntanu & Cansulfanas 115 East Hickory $tmet Suite 302 P.O. Box 3166 Mankato, MN 56001 -3166 Mayor and Council Members City of Hutchinson Hutchinson, Minnesota 55320 July 28, 2003 The following sets forth our continuing engagement of services for the certified audit of the general purpose financial statements of the City of Hutchinson. We will audit the financial statements of the City of Hutchinson as of and for the years ended December 31, 2003, 2004 and 2005- We understand that the financial statements will be presented in accordance with the financial reporting model described in GASB Statement No. 34. Also, the document we submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit of the financial statements: Is1. Management's discussion and analysis 2. Budgetary comparison schedules The document will also include the following additional information that will not be subject to the auditing procedures applied in our audit of the Financial statements, and for which our accountant's report will disclaim an opinion. Statistical section Audit Objectives The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material resperts, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financial statements taken as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Govemment Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the financial statements is other than unqualified, we will fully discuss the reasons with you in advance. if, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. We will also provide reports (that do riot include opinions) on internal control related to the financial statements and compliance with laws, regulations, and the provisions or grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. 507.625 772, F +.507.398.9139 H wwaemcpax.mm � t �� Management Responsibilities Management is responsible for establishing and maintaining internal control and for compliance with laws, regulations, contracts, and agreements. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will advise you in the preparation of your financial statements, but the responsibility for the financial statements remains with you. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (a) management, (b) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the financial statements. You arc also responsible for informing us of your knowledge of any allegations of fiaud or suspected fraud affecting the government received in communications from employees, former employees, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations. • Audit Procedures - General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from errors, fraudulent financial reporting, misappropriation of assets, or violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors that come to our attention, and we will inform you of any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Out procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories. and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals. creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. 0, () identifying and ensuring that the City complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City s compliance with applicable laws and regulations and the provisions of contracts and agreements. However; the objective of our audit will not be, to provide an opinion on overall compliance and we will not express such an opinion. Audit Procedures - Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on the City's financial statements. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. (Tests of controls are required only if control risk is assessed below the maximum level.) Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of . management in the financial statements. Audit Administration, Fees, and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any invoices selected by us for testing. The workpapers for this engagement are the property of Abdo, Eiek & Meyers, LLP and constitute confidential information. However, we may be, requested to make certain workpapers available to regulatory agencies pursuant to authority given to it by law or regulation. If requested, access to such workpapers will be provided under the supervision of Abdo, Eick & Meyers, LLP personnel. Furthermore, upon request, we may provide photocopies of selected workpapers to regulatory agencies. The regulatory agencies may intend, or decide, to distribute the photocopies or information contained therein to others, including other governmental agencies. Our fee for these services will he at our standard hourly rates plus out -of- pocket costs (such as report reproduction, typing, postage, travel, copies, telephone, etc.). Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 90 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination; even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out -of- pocket costs through the date of termination. The above fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant is additional time is necessary, we will discuss it with you and arrive at a new fee estimate before v e incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent quality control review report. Our 2002 peer review report accompanies this letter. •If at any time during this period the Council is dissatisfied with our services for any reason whatsoever, our services may be terminated by so informing us. Our firm, however, shall be obligated for the three -year period at the fees outlined in the attached schedule. It is our belief that the proposed three -year audit engagement is in the best interest of the City of Hutchinson. With the assurance of a three -year engagement, our firm can provide the City with a fixed three -year fee schedule to facilitate the budgeting process. Further, our ability to provide meaningful assistance through our Management Advisory Letter will improve with each year of continued audit involvement. Abdo, Eick & Meyers, LLP maintains offices in Mankato and Minneapolis with a total professional staff of thirty accountants. Our firm utilizes IBM compatible computers for serving client needs in the data processing field. This system has improved our ability to audit clients who have computer systems and greatly extends our capacity for evaluating client computer programs and identifying new applications for computer service. It is the policy of our firm to issue at the conclusion of each audit engagement a Management Advisory Letter. As independent auditors, we are in a position to acquire a detailed knowledge of the client's financial and administrative procedures; the advisory letter serves to summarize our recommendations towards improving the accounting and administrative controls, strengthen the financial structure, and develop a more efficient operation. Abdo, Eick & Meyers, LLP recognizes that its most important product is prompt and effective service of the highest quality. We believe we can serve the City of Hutchinson to their complete satisfaction, and we will apply the highest level of skills available to that end. We appreciate the opportunity to be of continued service to the City of Hutchinson and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. Sincerely, ABDO, EICK & MEYERS, LLP Certified Public Accountants •� yle W. Meyers, CPA KWM:jkm 11 i E CITY OF HUTCHINSON. MINNESOTA SCHEDULE OFPROFES1ONAL FEES AND EXPENSES FOR THE AUDIT OF THE 24 - 2005 FINANCIAL STATEMENTS NAME OF FIRM: ASDO, EICK & MEYERS. LLP Pmtnors Mn Agers Sle. -T% 'i wry Sra Fr Sufi Slarf Or4,. Rcpn-1 tvping f4.lr+rt pmcusI hg Subtotal Meal &.Lodging Trampnrralim SIALc Auditors RcpnrtiM Fmm TnlaI All-Ind nsive. M. xi nrn m I -Hec Refare GA SR_' BHimaled Additional Fee fnr GASR 34 Aeennnting and Repnrling 55,000- S7,000 Si mfr And it V..n gage ni eN Fec Fsl image 5 1,500 A:di lmval wnr' heynrd that spec Flied ahm•e +vmdd 1x at my sra,dard ral es nnlcd ahm, H DECEMB Rai 2003 Roves 14"Tl Rates Total Total Standard Ouotrd 40 S 142 5 128 S 5.120 50 93 70 84 4 200 70 68 60 61 4 Z70 40 57 48 51 2 040 70 50 45 3,150 46 420 10 47 42 20 49 44 880 0 45 41 4t0 300 2Lf00 22,210 380 www 420 386 a4o S 21 900 300 S 23,030 20,070 4 Aeennnl ing and Repnr7in g 380 400 S 20850 BHimaled Additional Fee fnr GASR 34 Aeennnting and Repnrling 55,000- S7,000 Si mfr And it V..n gage ni eN Fec Fsl image 5 1,500 A:di lmval wnr' heynrd that spec Flied ahm•e +vmdd 1x at my sra,dard ral es nnlcd ahm, H S2,t100 n'" S 1,575 n DECEMBER 3l 2004 Hours Haul Ra[es Total Standard unlcd 40 S l49 S 134 5 5,360 50 98 88 4,4M 70 71 64 4480 0 60 54 2160 70 53 48 3,360 20 51 46 420 10 47 42 424) 440 300 300 2Lf00 22,210 380 www 420 386 a4o S 21 900 S2,t100 n'" S 1,575 n 32,000- S3,000 5 1,G50 DECEMBER 31 2005 Hours lianri Rata Tola4 Sialldard uotcd 40 5 156 1 5 140 S 5,600 50 103 93 4,65a 70 75 68 40 63 57 �2,290 70 56 50 20 54 49 980 10 49 44 440 300 22,210 386 a4o S 23,030 32,000- S3,000 5 1,G50 CITY OF HUTCHINSON MEMO Finance Department August 22, 2003 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: COMPREHENSIVE & GENERAL LIABILITY INSURANCE RENEWAL The renewal numbers for the city's comprehensive & general liability insurance policy has been received from the LMCIT. Jeff Borkenhagen, Agent for Insurance Planners, will review the premium at the City Council meeting Tuesday. 0 H: \DOC \City council memo 3.doc q(C�) EVSURANCE . = PLANNERS Affiliate of First Federal Bank Box 68 • 135 Third Avenue Southeast Hutchinson, Minnesota 55350 • City of Hutchinson I I I Hassan SI Sh; Hutchirtsori MN 55350 200.3-2004 Premium Compnrisan • Presenfed & Jeff Borkerihageri Telephone: 320 -587 -2299 1- 800 - 535 -1669 Fax: 320 -587 -0808 City of Hutchinson 2000 -01 2001 -02 2002 -03 2003 -04 2003 -04 2003 -04 Subjectnflnsurunce LMCIT LMCIT LMCIT LMCIT ChT awe Percentnre Property 19,963 30,747 27,113 33,869 6,756 24.92 Limits. 29,021,566 39,419,060 40,884,329 42,860,552 1,976,223 4.83 Rate per (00's): 0.0688 0.0780 0.07089 0.08528 .01439 20.30 Deductible 25,000 25,000 25,000 25,000 Inland Marine 4,946 8,725 10,702 13,581 2,879 26.90 Limits. 820,112 1,739,293 2,288,293 2,717,895 429,602 18.77 Rate per (00's): 0.32496 0.35997 0.36000 0.39997 0.03997 11.10 Deductible: 500 500 500 500 Boiler & Machinery 5,253 7,073 7,044 7,335 291 4.13 Change pending to Fidelity Bond (Performance) 2,485 2,617 2,617 2,617 $500,000 limit with Limit 300,000 300,000 300,000 300,000 $100,000 excess for 4 positions. Crime 100,000 Included (p,1 No Charge Automobile 38,939 39,139 42,764 42,032 (732) (1.71) $1,000,000 CSL Liability Deductible 750,000 25,000 750,000 25,000 $1,000,000 25,000 $1,000,000 25,000 Comprehensive Deductible: 500 500 500 500 Collision Deductible 500 500 500 500 General Liability 114,956 144,387 137,959 140,115 2,156 1.56 Inverse Condemnation Included Included Included Included Public Officials Liability Included Included Included Included $1,000,000 CSL $750,000 $1,000,000 $1,000,000 $1,000,000 Liability Deductible: 25,000 25,000 25,000 25,000 Liquor Liability 7,422 8,092 10,425 12,485 2,060 1976 Receipts 2,968,644 3,094,187 4,000,000 4,000,000 Rate /$100: 0,250 0.250 0.250 0.300 Limit of Liability: 1,000,000 1,000,000 1,000,000 1,000,000 Airport Liability 3,656 3,656 4,210 4,420 210 4.99 Limit of Liability 5,000,000 5,000,000 5,000,000 5,000,000 Hangerkeepers Liability: 1,000,000 1,000,000 1,000,000 1,000,000 Open Meeting Law Defense (1/28/03 to 7/01/03) 1,214 2,858 02/03 was only a Per Lawsuit Per Official 50,000 50,000 partial premium/term. • Agmt Term Agg Per Official 50,000 50,000 Total 195,135 244,436 244,048 259,312 15,264 6.25 LMCIT Premium Only 184,057 230,071 226,796 239,790 12,994 5.73 City of Hutchinson Property 8 Casualty Deductible Analysis Deductible Analysis 711 *6 7N197 71198 711199 711100 711101 711102 Total Average Total incurred Loss < $10,000 21,434 4,203 15,493 71,401 45,636 44,665 35,210 Total Incurred Loss < $25,000 36,434 4,203 39,493 118,735 61,290 54,250 63,000 Trend (Inflation) 123 1.19 1.16 1.13 1.09 1.06 1.03 Trended Total Incurred Loss < 510,000 26,361 5,019 17,960 80,363 49,867 47,385 36,267 263,222 37.603 Trended Total Incurred Loss <525,000 44,809 5,019 35,350 133,637 66,973 57,554 64,890 408,231 58,319 policy period Deductible Deductible Credit (LMCiT) General Liability (Reinsurance charge is removed) Deductible Credit (LMCIT) Property Deductible Credit (LMCIT) Automobile Liability (Excludes Physical Damage) Total Premium Premium Savings tncumed Deductible Cost 7 Year Average Projected Deductible Loss Net Savings By selecting the $25,000 in 2001, and 2002, the City of Hutchinson will save approximately $113,000. The deductible savings from 2001 and 2002 should still be accrued as there may be some development of loss in those periods. Had the $10,000 deductible been cbosen in 2001 and 2002, the savings would only have been approximately $71,000 Deductible Recommendation: $25,000 per occu rrencel$125 000 aooreoate Over a 6 year period the average expectedlprojected paid loss at the $25,000 deductible level is $58,319. The premium savings in the 71112 0 0 3 -0 4 period is expected to be $107,052 for a net savings of approximately $49,000. The total savings in 2003 of $107,520 should be accrued to pay for losses under the deductible. An analysis can be done in 18-24 months to delermine how much liability still exists, and an adjustment to the accrued liability could occur at that time. 7112002 -03 policy 10 130,184 157,262 208,294 0.375 0.245 33,869 40,914 51,190 0.375 0.245 15,147 18,298 24,235 179,200 216,474 286,720 107,520 70,246 37,603 e22,G3 . Aepwedty'B -MY y 1,40.,sfaLrs Conoany, L!C 8 02 Loss nW Dad Mal • RESOLUTION NO. 12248 RESOLUTION RELATING TO DEVELOPMENT DISTRICT No. 4 AND TAX INCREMENT FINANCING DISTRICT NO. 4 -13, APPROVING THE GRANT OF A BUSINESS SUBSIDY TO EARTHLY DELIGHTS, LTD., AND APPROVING THE FORMS OF A REDEVELOPMENT AGREEMENT AND BUSINESS SUBSIDY AGREEMENT WITH EARTHLY DELIGHTS, LTD. AND THE EXECUTION THEREOF BE TT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the "City "), as follows: Section 1. Recitals 1.01. The City has approved and adopted a Modification to the Development Program for Development District No. 4 (the "Development Program Modification "), established Tax Increment Financing District No. 4 -13 (the "TIF District ") therein, and adopted a Tax Increment Financing Plan (the "TIF Plan") therefor ; all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.124 to 469.134 and Sections 469.174 to 469.1799, all inclusive, as amended. On July 8, 2003, this Council conducted a public hearing thereon. Notice of the public hearing was duly published as required by law in the Hutchinson Leader, the official newspaper of the City, on June 26, 2003. 1.02. It has been proposed that Earthly Delights, Ltd. (the "Redeveloper ") renovate and rehabilitate the State Theater and associated rental space (the "Project "), as more fully described in the TIF Plan. 1.03. It has been proposed that the City provide financial assistance to the Redeveloper consisting of tax increment financing revenue contributions from the TIF District and a loan in the amount of $130,000 from the City's downtown revolving loan fund (collectively, the "Business Subsidy ") to enable the Redeveloper to undertake the Project and to finance eligible costs associated therewith. Section 2. Findings for the Approval of the Granting of Business Subsidy and the Business Subsidy Agreement 2,01. The City held a public hearing on the granting of the Business Subsidy on July 8, 2003 following published notice pursuant to Minnesota Statutes, Section 116J.994, Subdivision 5. 2.02. This Council hereby finds that the public purposes of the Business Subsidy are to redevelop blighted property, increase job opportunities, and enhance the tax base. 2 . 2.03. The Business Subsidy Agreement to be entered into by the City and the Redeveloper contains the provisions required by Minnesota Statutes, Section 116J.994, Subdivisions 3 and 4. �J 0 2.04. The granting of the Business Subsidy is hereby approved. Section 3. Aouroval of the Forms of the Redevelopment Agreement and Business Subsidy Agreement and the Execution Thereof 3.01 The City and the Redeveloper will enter into a Redevelopment Agreement and Business Subsidy Agreement, forms of which are on file with the City and have been made available for review by the Council. 3.02. The forms of the Redevelopment Agreement and Business Subsidy Agreement are hereby approved. The Mayor and City Administrator are hereby authorized to execute and deliver the Redevelopment Agreement and Business Subsidy Agreement in the form on file with the City with such changes and modifications thereto as may be approved by the officers executing the Redevelopment Agreement and Business Subsidy Agreement. The execution and delivery of the Redevelopment Agreement and Business Subsidy Agreement by the Mayor and City Administrator shall be conclusive of any change or modification thereto. Passed by the City Council this 12th day of August, 2003. ATTEST: Gary D. Plotz City Administrator 3 Marlin Torgerson Mayor q ('�) �J REDEVELOPMENT AGREEMENT BETWEEN CITY OF HUTCHINSON, MINNESOTA . AND EARTHLY DELIGHTS, LTD. Dated as of August 26, 2003 . THIS INSTRUMENT DRAFTED BY: Dorsey & Whitney LLP Suite 1500 50 South Sixth Street Minneapolis, Minnesota 55402 DRAFT 8.15.03 qcb) ..i_ 8113) TABLE OF CONTENTS ARTICLE I DEFINITIONS ................. ...... ......................................................................... ..............................2 . Section1.1 Definitions .-•-- - -- --- --- -- ---- •---...--•...................................................... ..............................2 ARTICLE 2 REPRESENTATIONS AND WARRANTIES . ............................... 4 Section2.1 By the City .. -- ................................................................................ ..............................4 Section 2.2 By the Redeveloper ......................................................................... ............................... .4 ARTICLE 3 USE, OWNERSHIP OF REDEVELOPMENT PROPERTY; RESTRICTIONS. .............6 Section3.1 Use .........................................................................--------................ ..---- ------ ---------- ----- ---6 Section3.2 Ownership ................................................................ - -- ...................... .. -- .. 6 Section 3 -3 Declaration of Restrictive Covenants ................................................... ..............................6 Section 3.4 Damage or Destruction— ................................................ ............... I ... 1.11,111.6 ARTICLE 4 CONSTRUCTION OF PROJECT .......................................... ................... ............ .............6 Section 4.1 Construction Plans........ .................................................. ..............................6 Section 4.2 Undertaking of Improvements .............................................................. ..............................7 Section 43 Certificate of Completion ..................................................................... ..............................7 Section 4.4 Progress Reports .............................................................------------ --..........- ......----.......8 Section4.5 Access to Property ............................... ................................ ..............................8 ARTICLE 5 DEFENSE OF CLAIMS; INSURANCE ........................... ....................... ..............................8 Section5.1 Defense of Claims . ............................... ................................ ..............................8 Section5.2 Insurance ... ............................... • • .. -- ............................................ ..............................9 ARTICLE6 CITY ASSISTANCE ........................................ I ....................................................... . .............................10 Section 6.1 Redevelopment Costs; City Assistance ................................................ .............................10 Section 6.2 Reimbursement for Costs ................ . -- ........................................ ............................... 10 Section 6.3 Repayment of Revolving Fund Loan; Personal Guaranty ................... ..............................1 I Section 6.4 Conditions Precedent to City Assistance ............................................. .............................11 ARTICLE 7 PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER ..... .... .............................12 Section 7 -I Transfer of Property and Assignment .................................................. .............................12 Section 7.2 Termination of Limitations on Transfer ............................................... .............................12 ARTICLE 8 EVENTS OF DEFAULT; FEES........... - -- ..... ................................................. .............................12 Section8.1 Events of Default .................. ............................... ...................... .............................12 Section 8.2 Remedies on Default ..................... ............................. .... -- ............. .............................13 Section 8.3 No Remedy Exclusive ...................................................................... .............................14 Section8.4 Waivers .................................. ......................................................................... .................. 14 Section 8.5 Agreement to Pay Attorneys' Fees ...................................................... .............................14 ARTICLE9 GENERAL PROVISIONS ......... ......... --- . .............................. . ............................... . ..... . .......................... 14 Section 9.1 Conflict of Interests; City Representatives Not Individually Liable .... .............................14 Section 9.2 Fqual Employment Opportunity ........ ............................... ... .............................14 Section 9.3 Restrictions on Use ............... • ......................................................... .............................14 Section 9.4 Titles of Articles and Sections ...- ........................................................ .............................15 Section 9.5 Business Subsidies Act ..... ...... ............................... .................. .............................15 Section9.6 Tenn of Agreement . ........... ............................... ....................... .............................15 Section 93 Provisions Surviving Terminiation ...................................................... .............................16 ARTICLE 10 ADMINISTRATIVE PROVISIONS ....................................................................... .............................15 • Section 10.1 Not ices .............................. -- ..... ............................... .... .............................15 ..i_ 8113) n L.J Section 10.2 Binding Effect ........................ ............................... Section 10.3 Severability ............................ ............................... Section 10.4 Amendments, Changes and Modifications ----- - - - - -- Section 10.5 Further Assurances and Corrective Instruments ... Section 10.6 Execution Counterparts .......... ............................... Section 10.7 Applicable Law ...................... ............................... Schedule A Schedule B Schedule C Exhibit A Exhibit B Exhibit C Exhibit D ............................... .............................16 - .. ......I ............ ...... • ........------....16 .............. ............................... I .. "---11--..16 ............................... .............................16 ---------------------- . -------------------- .................16 ............................... .............................16 Redevelopment Property .. . • -- - ........................... ............................... S -A -1 Description of Improvements & Project Costs ................................ ......................... . . . . .. S -B -1 Tax Increment Schedule... ................................................ ............................... S -C -1 Certificate of Compl etion ....................................................................... ............................A -1 Covenants and Restrictions.. ..................... ......................................... ............................B -1 Form of Business Subsidy Agreement ................................................... ............................0 -1 Form of Personal Guaranty --- ---• ------.................................................... ............................D -1 -ii- 9 ( b) REDEVELOPMENT AGREEMENT This Redevelopment Agreement (the "Agreement ") is made as of August 26, 2003, by and between the City of Hutchinson, Minnesota, a Minnesota municipal corporation (the "City "), and Earthly Delights, Ltd., a Minnesota corporation (the "Redeveloper "). WiTIVESSETH: WHEREAS, the City has designated a development district in the City denominated Development District No. 4 (the "Development District ") and has approved a development program for the Development District (the "Development Program ") pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, as amended; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the City, pursuant to the Act, a Modification to the Development Program for Development District No. 4 dated July 8, 2003 (the "Modification "); and WHEREAS, on July 8, 2003, the City adopted a resolution establishing Tax Increment Financing District No. 4 -13, a "redevelopment district" pursuant to Minnesota Statutes, Section 469.174, Subdivision 10 (the "TIF District "), and approving a Tax Increment Financing Plan dated July 8, 2003 therefor (the "TIF Plan "); and WHEREAS, in order to achieve the objectives of the Development Program, the Modification, and the TIF Plan, the City intends to provide assistance to the Redeveloper through (i) tax increment financing, as described in Minnesota Statutes, Sections 469.174 through 469.1799, as amended (the "TIF Act "), and (ii) a loan in the amount of $130,000 from the City's downtown revolving loan fund (collectively, the "City Assistance ") to finance certain costs of the renovation and rehabilitation of the State Theater and associated rental space and other related public improvements and administration costs (the "Project "); and WHEREAS, the City has determined that, in order to accomplish the purposes specified in and to carry out the Development Program, the Modification, and the TIF Plan, it is necessary and desirable for the City to reimburse the Redeveloper for certain costs to be incurred and paid by the Redeveloper in connection with the Project; and WHEREAS, the tax increment revenues expected to be generated from the TIF District are currently estimated to be approximately $16,040 annually, assuming completion of the Project and payment of the real estate taxes when due. As hereinafter provided, the City will apply such tax increment revenues generated from the TIF District to (i) pay or reimburse the City for administrative expenses relating to the 'rlF District to the extent permitted by the TIF Act and, (ii) to reimburse the Redeveloper, with interest, for the costs of the public improvements associated with the Project; and WHEREAS, the City believes that the redevelopment activities associated with the Project pursuant to this Agreement are in the best interests of the City and benefits the health, safety, morals and weli'are of its residents, and complies with the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted. 9(.b) NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations set forth in this Agreement, the parties hereto hereby agree as follows: ARTICLE 1 Definitions Section 1.1 Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes, Sections 469.124 through 469.134. "Agreement" means this Agreement, as the same may be from time to time modified, amended or supplemented. "Available Tax Increment" means 90 percent (90 %) of the tax increment revenues generated by Tax Increment Financing District No. 4 -13 as computed pursuant to Minnesota Statutes, Section 469.177, or its successor. "Business Subsidies Act" means Minnesota Statutes, Sections 1161993 through 116J.995. "Business Subsidy Agreement" means the Business Subsidy Agreement in the form attached hereto as Exhibit C to be executed and delivered by the City and the Redeveloper in accordance with Section 9.6 hereof. "Certificate of Completion" means a certification in the form attached hereto as Exhibit A, to be provided to the Redeveloper pursuant to this Agreement. "City" means the City of Hutchinson, Minnesota. "City Assistance" means the tax increment revenues generated by Tax Increment Financing District No. 4 -13 and the loan in the amount of $130,000 from the City of Hutchinson's downtown revolving loan fund. "City Council" means the City Council of the City of Hutchinson, Minnesota. "Construction Plans" means the plans, specifications, drawings and related documents for the construction work to be performed by the Redeveloper on the Redevelopment Property. "County" means the County of McLeod, Minnesota. "Default Notice" means written notice from the City to the Redeveloper setting forth the Event of Default and the action required to remedy the same. "Development District" means Development District No. 4 designated pursuant to Minnesota Statutes, Sections 469.124 through 469.134. . "Development Program" means the Development Program developed for Development District No. 4. -2- "Event of Default" means as any of the events set forth in Section 8.1 hereof. • "Improvements" means the public improvements to be undertaken by the Redeveloper as a part of the Project on the Redevelopment Property all as further described in Schedule B attached hereto. "Loan" means the loan in the amount of $130,000 from the City of Hutchinson's downtown revolving loan fund. "McLeod County" means the County of McLeod, Minnesota, a political subdivision of the State of Minnesota. "Modification" means the Modification to the Development Program for Development District No. 4 approved by the City on July 8, 2003. "Mortgage" means any mortgage made by the Redeveloper which covers, in whole or in part, the Redevelopment Property. "Mortgagee" means the owner or holder of a Mortgage. "Project" means the construction of cost of certain public improvements related to the renovation and rehabilitation of the State Theater and associated rental space and of site improvements and other improvements of a public nature upon the Redevelopment Property. "Project Costs" means certain costs incurred and to be incurred by the Redeveloper in the construction of the public improvements, the estimated types and amounts of which are shown on Schedule B to this Agreement. "Project Description" means the improvements and project costs as described in Schedule B attached hereto. "Redeveloper" means Earthly Delights, Ltd., a Minnesota corporation organized under Minnesota Statutes, Chapter 302A. "Redevelopment Property" means the real property described in Schedule A attached hereto. "Restrictions" means the easements, covenants, conditions and restrictions set forth in Exhibit B attached hereto. "Section" means a Section of this Agreement, unless used in reference to Minnesota Statutes. "State" means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1799. "TIF District" means Tax Increment Financing District No. 4 -13 established by the City on July 8, 2003. -3- "TIF Plan" means the Tax Increment Financing Plan for Tax Increment Financing District No. 4 -13 dated and approved by the City on July 8, 2003. "Unavoidable Delay" means a failure or delay in a party's performance of its obligations under this Agreement, or during any cure period specified in this Agreement which does not entail the mere payment of money, not within the party's reasonable control, including but not limited to acts of God, governmental agencies, the other party, strikes, labor disputes (except disputes which could be resolved by using union labor), fire or other casualty, or lack of materials; provided that within ten (10) days after a party impaired by the delay has knowledge of the delay it shall give the other party notice of the delay and the estimated length of the delay, and shall give the other party notice of the actual length of the delay within ten (10) days after the cause of the delay has ceased to exist. The parties shall pursue with reasonable diligence the avoidance and removal of any such delay. Unavoidable Delay shall not extend performance of any obligation unless the notices required in this definition are given as herein required. ARTICLE 2 Representations and Warranties Section 2.1 By the City, The City makes the following representations to the Redeveloper: (a) The City is a municipal corporation duly organized and existing under the laws of Minnesota. Under the provisions of the Act, the City has the power to enter into this Agreement and catty out its obligations hereunder. (b) The City has designated the Development District and has adopted the Development Program and Modification in accordance with the provisions of the Act and has created the TiF District and adopted the TIF Plan in accordance with the provisions of the TIF Act. Section 2.2 By the Redeveloper , The Redeveloper represents and warrants that: (a) The Redeveloper is a Minnesota corporation under Minnesota Statutes, Chapter 302A, has power to enter into this Agreement and has duly authorized, by all necessary corporate action, the execution and delivery of this Agreement. (b) The Redeveloper shall, subject to Unavoidable Delays, complete the Project in accordance with the terms of this Agreement, and all local, state and federal laws and regulations. (c) It is anticipated that the Project will be constructed so that when completed the Redevelopment Property will have a market value as determined pursuant to Minnesota Statues, Section 273.11, of at least $760,000. (d) At such time or times as may be required by law, the Redeveloper will have complied with all local, state and federal environmental laws and regulations applicable to the Improvements, and will have obtained any and all necessary . environmental reviews, licenses and clearances. The Redeveloper has received no notice -4- qt6) CA or communication from any local, state or federal official that the activities of the Redeveloper or the City with respect to the Redevelopment Property may be or will be in violation of any environmental law or regulation. The Redeveloper is aware of no facts the existence of which would cause it to be in violation of any local, state or federal environmental law, regulation or review procedure with respect to the Redevelopment Property. (c) Neither the execution or delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented by, limited by, conflicts with, or results in a breach of any restriction, agreement or instrument to which the Redeveloper is now a party or by which the Redeveloper is bound. (1) The Redeveloper (i) is not in default in the payment of the principal of or interest on any indebtedness Cor borrowed money; or (ii) is not in default under any instrument or agreement under and subject to which any indebtedness for borrowed money has been issued. (g) The Redeveloper has no knowledge or information that any member of the City Council or any other officer of the City has any direct or indirect financial interest in the Redeveloper, the Redevelopment Property or the Project. (h) The Redeveloper recognizes that the City intends that the TIF District be an "redevelopment district" under the TiF Act. As owner in fee simple of the Redevelopment Property, the Redeveloper represents to the City that the Redevelopment Property and the Improvements will be operated in a manner such that the TiF District Will qualify and continue to qualify as a "redevelopment district" under the TIF Act until the TiF District is decertified as provided in the TiF Act- (i) The Redeveloper will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all local, state and federal laws and regulations which must be obtained or met in connection with the Improvements. Without limitation to the R)regoing, the Redeveloper will request and seek to obtain from the City all necessary variances, conditional use permits and zoning changes. (j) The Redeveloper would not undertake the Project without the financial assistance to be provided by the City pursuarnt to this Agreement and the TIF Plan. No property other than the State Theater and associated rental space is expected to be redeveloped in the TiF District. (k) Apart from the assistance to be provided under this Agreement, the Redeveloper shall pay all standard charges and fees due with respect to real estate developments and allocable to the Redevelopment Property under City ordinances and the City Code, including but not limited to special assessments R)r local improvements, sewer and water use charges, building permit fees, plat fees, inspection fees, storm -5- water fees and the like; provided, however, that no special assessments shall be levied against the Redevelopment Property for the construction of the Improvements. ARTICLE 3 Use Ownership of Redevelopment Property: Restrictions Section 3.1 Use, The Redeveloper's use of the Redevelopment Property shall be subject to and in compliance with all of the conditions, covenants, restrictions and limitations imposed by this Agreement, the Restrictions and all applicable laws, ordinances and regulations. Section 3.2 Ownership. The Redeveloper hereby represents and warrants that the Redeveloper has a signed Purchase Agreement dated April 2, 2003 to purchase the Redevelopment Property and expects to close on the sale of such property on or about September 1, 2003. The Redeveloper hereby represents and warrants that, to the best of its knowledge, there are no liens, defects or other encumbrances upon title to the Redevelopment Property that would hinder the Redevelopment of the Redevelopment Property by the Redeveloper as contemplated by this Agreement. Section 3.3 Declaration of Restrictive Covenants, The Redeveloper shall prepare, execute, and record on the title to the Redevelopment Property a Declaration of Restrictive Covenants, in form approved by the City, which includes the Restrictions set forth on Exhibit B. If the Redeveloper determines that operation of the Redevelopment Property and the Improvements would endanger the financial viability thereof, the Redeveloper may request the City Council to consent to the amendment, modification or termination of any of the restrictions in any respect. The City is under no obligation to amend, modify or terminate any of the restrictions and may, in its sole and absolute discretion, refuse to do so. Section 3.4 Damage or Destruction. Upon any damage or destruction of the Project, or any portion thereof, by fire or other casualty, the Redeveloper shall within one hundred twenty (120) days after such damage or destruction, commence the process required to repair, reconstruct and restore the damaged or destroyed Project, or portion thereof, to substantially the same condition or utility value as existed prior to the event causing such damage or destruction and shall diligently pursue such repair, reconstruction and restoration. ARTICLE 4 Construction of Project Section 4.1 Construction Plans. The Redeveloper shall make available Construction Plans for the Project to the City prior to the construction of the respective phase. The Construction Plans shall provide for construction of the Project in conformity with the Development Program, the Modification, the TIP Plan, this Agreement, and all applicable state and local laws and regulations. The City shall approve the Construction Plans in writing if, in the reasonable discretion of the City, the Construction Plans: (a) conform to the Development Program, the Modification, the TIP Plan, this Agreement, and to any subsequent amendments thereto approved by the City; (b) conform to all applicable federal, state and local laws, ordinances, rules and regulations; (c) are adequate to provide for construction of the 0 Improvements; and (d) no Event of Default has occurred 10 qC-� 0 No approval by the City shall relieve the Redeveloper of the obligation to comply with the terms of this Agreement, applicable federal, state and local laws, ordinances, rules and regulations, or to properly construct the Project. No approval by the City shall constitute a waiver of an Event of Default. Any disapproval of the Construction Plans shall set forth the reasons therefore, and shall be made within thirty (30) days after the date of their receipt by the City. If the City rejects the Construction Plans, in whole or in part, the Redeveloper shall submit new or corrected Construction Plans within thirty (30) days after written notification to the Redeveloper of the rejection, The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City. Section 4.2 Undertaking of Improvements. (a) Subject to Unavoidable Delays, the Redeveloper will complete the Project by September 30, 2005, and all in accordance with the terms of the Project Description. (b) All work with respect to the Improvements shall be in substantial conformity with the Construction Plans approved by the City. Upon approval by the City of the Construction Plans, the Redeveloper shall promptly begin the Project and diligently prosecute the completion the Redevelopment of the Redevelopment Property through the construction of the Improvements in accordance with the requirements of the Project Description. The Redeveloper shall make reports, in such detail and at such times as may reasonably be requested by the City, as to the actual progress of the Redeveloper with respect to the Project. (c) The Redeveloper shall not interfere with, or construct any improvements over, any public street or utility easement without the prior written approval of the City. All connections to public utility lines and facilities shall be subject to approval of the City and any private utility company involved. Except for public improvements, which are assessable by the City or other governmental body against other benefited properties, all street and utility installations, relocations, alterations and restorations shall be at the Redeveloper's expense and without expense to the City. The Redeveloper, at its own expense, shall replace any public facilities or utilities damaged during the Project by the Redeveloper or its agents or by others acting on behalf of or under their direction or control of the Redeveloper. Section 4.3 Certificate of Completion. (a) Promptly after completion of the Project in accordance with the Project Description, the City will furnish the Redeveloper with a Certificate of Completion in substantially the form attached hereto as Exhibit A as conclusive evidence of satisfaction and termination of the agreements and covenants of this Agreement with respect to the obligations of the Redeveloper to complete the Project. The furnishing by the City of such Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any Mortgagee. -7- q(�h) (b) If the City shall refuse or fail to provide such Certificate of Completion, the City shall, within fifteen (15) days after the Redeveloper provides the architect's certificate referenced in Section 43(a), provide the Redeveloper with a written statement specifying in what respect the Redeveloper has failed to complete the Project in accordance with this Agreement, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the City, for the Redeveloper to obtain the Certificate of Completion. Section 4.4 Progress Renorts. Until a Certificate of Completion is issued, the Redeveloper shall make, in such detail as may reasonably be required by the City, and forward to the City, on a monthly basis, a written report as to the actual progress of work on the Project. Section 4.5 Access to Property' The Redeveloper agrees to permit the City and any of its officers, employees or agents access to the Redevelopment Property for the purpose of inspection of all work being performed in connection with the Project; provided, however, that the City shall have no obligation to inspect such work. ARTICLE 5 Defense of Claims; Insurance Section 5.1 Defense of Claims. (a) The Redeveloper shall indemnify and hold harmless the City, its governing body members, officers, and agents including the independent contractors, is consultants, and legal counsel, servants and employees thereof (hereinafter, for the purposes of this Section, collectively the "Indemnified Parties ") for any expenses (including attorneys' fees), loss, damage to property, or death of any person occurring at or about, or resulting from any defect in, the Project; provided, however, the Redeveloper shall not be requited to indemnify any Indemnified Party for any claims or proceedings arising from any negligent or unlawful acts or omissions of such Indemnified Party. Promptly after receipt by the City of notice of the commencement of any action in respect of which indemnity may be sought against the Redeveloper under this Section 5. 1, such person will notify the Redeveloper in writing of the commencement thereof, and, subject to the provisions hereinafter stated, the Redeveloper shall assume the defense of such action (including the employment of counsel, who shall be counsel satisfactory to the City) and the payment of expenses insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against the Redeveloper. The City shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the Redeveloper unless the employment of such counsel has been specifically authorized by the Redeveloper. Notwithstanding the foregoing, if the City has been advised by independent counsel that there may be one or more legal defenses available to it which are different from or in addition to those available to the Redeveloper, the Redevelopers shall not be entitled to assume the defense of such action on behalf of the City, but the Redeveloper shall be responsible for the reasonable fees, costs and expenses (including the employment of counsel) of the City in conducting its defense. The Redeveloper shall not be liable to indemnify any person for any settlement of any such action effected �(O without the Redeveloper's consent. The omission to notify the Redeveloper as herein provided will not relieve the Redeveloper from any liability which they may have to any Indemnified Party pursuant hereto, otherwise than under this section. (b) The Redeveloper agrees to protect and defend the Indemnified Parties, and further agrees to hold the aforesaid harmless, from any claim, demand, suit, action or other proceeding whatsoever by any person or entity arising or purportedly arising from the actions or inactions of the Redeveloper (or other persons acting on its behal f or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Project; provided, that this indemnification shall not apply to the warranties made or obligations undertaken by the City in this Agreement or to any actions undertaken by the City which are not contemplated by this Agreement but shall, in any event, apply to any pecuniary loss or penalty (including interest thereon from the dale the loss is incurred or penalty is paid by the City at a rate equal to the Prime Rate) as a result of the Project, as constructed and operated by the Redeveloper, causing the TIF District to cease to qualify as a "redevelopment district" under the TIF Act or to violate limitations as to the use of the revenues therefrom as set forth in the TiF Act. (c) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City, as the case may be. Section 5.2 Insurance. (a) The Redeveloper shall keep and maintain the Redevelopment Property and Improvements at all times insured against such risks and in such amounts, with such deductible provisions, as arc customary in connection with facilities of the type and size comparable to the Improvements, and the Redeveloper shall carry and maintain, or cause to be carried and maintained, and pay or cause to be paid timely the premiums for direct damage insurance covering all risks of loss, including, but not limited to, the following: (1) fire (2) extended coverage perils (3) vandalism and malicious mischief (4) boiler explosion (hut only if steam boilers are present) (5) collapse on a replacement cost basis in an amount equivalent to the frill insurable value thereof. ( "Full insurable value" shall include the actual replacement cost of the improvements, exclusive of foundations and footings, without deduction fir architectural, engineering, legal or administrative fees or for depreciation.) insurance in effect with respect to any portion of the Improvements to he rehabilitated or renovated as a part of the Project prior to the issuance by the City of a Certi licate of Completion under Section 4.3 hereof with respect thereto shall be maintained on an "all- risk" builder's risk basis during the course . of construction. The policies required by this Section 5.2 shall be subject to a no Ma • coinsurance clause or contain an agreed amount clause, and may contain a deductibility provision not exceeding $10,000. (b) Subject to the terms of any mortgage relating to the Redevelopment Property, policies of insurance required by this Section 5.2 shall insure and be payable to the Redeveloper, and shall provide for release of insurance proceeds to the Redeveloper for restoration of loss. The City shall be furnished certificates showing the existence of such insurance. In case of loss, the Redeveloper is hereby authorized to adjust the loss and execute proof thereof in the name of all parties in interest. The Redeveloper shall annually file with the City a schedule describing all such policies in force, including the types of insurance, names of insurers, policy numbers, effective dates, terms of duration or any other information the City deems pertinent. Such list shall be accompanied by a certificate executed by the Redeveloper stating that, to the best of the knowledge of the Redeveloper, insurance on the Improvements then in force complies with this Section 5.2. ARTICLE 6 City Assistance Section 6.1 Redevelopment Costs; City Assistance. The Redeveloper has agreed to and shall be responsible to pay all of its respective costs of the Project, as herein provided. However, the City, in order to encourage the Redeveloper to proceed with the construction and installation of the Improvements, and to assist the Redeveloper in paying the costs thereof, is willing to provide the City Assistance and thereby: (a) reimburse the Redeveloper for certain Project Costs, as permitted by the TIF Act and in accordance with the TIF Plan, that will be incurred by the Redeveloper to construct the Improvements; and (b) provide the Redeveloper with a Loan in the amount of $130,000 from the City's downtown revolving loan fund. Section 6.2 Reimbursement for Costs. The City agrees to reimburse the Redeveloper out of the Available Tax Increment for the costs of the Improvements, on or about each February 1 and August 1, in the principal amount of the lesser of $178,000 or the costs of the Improvements actually incurred and paid by the Redeveloper, with interest at the rate of seven percent (7 %) per annum on the principal balance from time to time unpaid. Such reimbursement is subject to the following terms and conditions: (a) No payments shall be made by the City to the Redeveloper unless and until the City Administrator has confirmed in writing to the City that the costs for the Improvements have been incurred paid by the Redeveloper and the Certificate of Completion has been issued as contemplated in Section 4.3 hereof. (b) The City shall be obligated to make the payments to the Redeveloper required pursuant to this Section 6.2 onlyfrom and to the extent ofthe Available Tax Increment actually received from the TIF District for any tax year, and such payments shall never be considered to be a general obligation or indebtedness of the City. 0112 q(b) • (c) The Available Tax Increment shall be paid to the Redeveloper for reimbursement of costs incurred and paid by the Redeveloper as provided above, provided that the Redeveloper is not in default on the Loan. (d) In the event that the Redeveloper fails to make a payment on the Loan when it becomes due, in accordance with the repayment terms of the Loan, no payments shall be made by the City to the Redeveloper and the City shall be authorized to apply the Available Tax Increment, as permitted by the TIF Act and the TIF Plan, to reimburse itself for the Loan or any other fees to be paid by the Redeveloper hereunder. Payments to the Redeveloper shall resume at such time as the Loan payments are made in accordance with its terms. The Redeveloper shall forgo any and all amounts that are not paid to the Redeveloper due to the Redeveloper's default on the Loan. (e) Upon thirty (30) days' written notice to the Redeveloper, the City may prepay all or a portion of the outstanding principal balance due to the Redeveloper pursuant to this Section 6.2 without penalty, on any date at a prepayment price equal to the outstanding principal balance to be prepaid plus accrued interest to the prepayment date. The Redeveloper may at any time request the City to apply excess Tax Increment from the Property to the prepayment of all or a portion of the principal balance due hereunder but the City, in its sole discretion, shall determine whether any prepayment shall be made. (f) The City shall not be obligated to make any payments hereunder . subsequent to the termination of this Agreement as provided in Section 9.6 hereof, and any amounts remaining unpaid as of such date (other than by reason of failure of the City to comply with the terms of this Agreement) shall be considered forgiven by the Redeveloper and shall cease to be owing. Section 6.3 Repayment of Revolving Fund Loan- Personal Guaranty. The Redeveloper shall repay the Loan in accordance with its terms. It shall be a condition precedent to the City's reimbursement of the Redeveloper's costs as provided in Section 6.2 hereof that the Redeveloper is not in default on the Loan. The Redeveloper hereby agrees that its shareholders, Miles and Linda McMonagle, will execute and deliver to the City a Personal Guaranty in which they shall absolutely and unconditionally guarantee repayment of the Loan. Section 6.4 Conditions Precedent to City Assistance. Notwithstanding anything to the contrary contained herein, the City's obligation to reimburse the Redeveloper for such Project Costs and to provide the Redeveloper with a Loan from the City's downtown revolving loan fund shall be subject to satisfaction, or waiver in writing by the City, of all of the following conditions precedent: (f) the conditions precedent in this Section 6.4 hereof have been satisfied; (ii) the Redeveloper shall be the owner in fee simple of the Redevelopment property and shall have cured any title defects with respect thereto; 0 (iii) the Redeveloper shall not be in default under the terms of this Agreement; and q (b) • (iv) the Redeveloper shall have closed on financing sufficient to pay all costs to be incurred in connection with the acquisition and construction of the Improvements. In the event that all of the above conditions required to be satisfied as provided in this Section 6.4 have not been satisfied by December 31, 2003, either the City or the Redeveloper may terminate this Agreement. Upon such termination, the provisions of this Agreement relating to the Improvements shall terminate and, except as provided in Article 8, neither the Redeveloper nor the City shall have any further liability or obligation to the other hereunder. ARTICLE 7 Prohibitions Against Assignment and Transfer Section 7.1 Transfer ot'Pro ert and Assi nment. The Redeveloper has not made and will not make, or suffer to be made, any total or partial sale, assignment, conveyance, lease (other than leases of space in the Improvements constructed as a part of the Project or a mortgage securing financing for the Project), or other transfer, with respect to this Agreement or the Redevelopment Property or any part thereof or any interest therein, or any contract or agreement to do any of the same. Section 7.2 Termination of Limitations on Transfer. The provisions of Section 7 shall terminate at such time as all of the following conditions are met: (i) the Loan shall have been paid in full in accordance with its terms; . (ii) the Certificate of Completion shall have been furnished in accordance with Section 4.3 hereof; and (iii) the Redeveloper shall have been in continued operations in the City for at least five (5) years from the Benefit Date as provided in the Business Subsidy Agreement, entered into as of the date hereof, between the City and the Redeveloper. ARTICLE 8 Events of Default; Fees Section 8.1 Events of Default. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following events which occurs and continues for more than thirty (30) days after notice by the defaulting party of such default (and the term "default" shall mean any event which would with the passage of time or giving of notice, or both, be an "Event of Default" hereunder): (a) Failure of the Redeveloper to construct or reconstruct the Improvements as required hereunder. (b) Failure of the Redeveloper to famish the Construction Plans as required hereunder. -12- (c) Failure of the Redeveloper to pay to the City any amounts required to be paid by the Redeveloper hereunder. (d) Failure of the Redeveloper or the City to observe and perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. (c) Failure of the Redeveloper to pay any taxes on the Redevelopment Property as they become due. (f) Filing of any voluntary petition in bankruptcy or similar proceedings by the Redeveloper; general assignment for the benefit of creditors made by the Redeveloper or admission in writing by the Redeveloper of inability to pay its debts generally as they become due; or filing of any involuntary petition in bankruptcy or similar proceedings against the Redeveloper which are not dismissed or stayed within sixty (60) days. Section 8.2 Remedies on Default. In the event the City desires to exercise any of its rights or remedies as provided herein or otherwise available to the City at law or in equity, the City shall first provide written notice to the Redeveloper setting forth with specific particularity the Event of Default and the action required to cure or remedy the same (the "Default Notice "). The Redeveloper shall have thirty (30) days from receipt of a Default Notice to cure or remedy the Event of Default specified in the Default Notice, or such longer period as may be reasonably required to complete the cure as soon as reasonably possible under the circumstances. If, following the Redeveloper's receipt of a Default Notice, the Redeveloper does not cure or remedy the Event of Default therein specified within the time provided above, the City may take any one or more of the following actions at any time prior to the Redeveloper's curing or remedying the Event of Default: (a) Suspend its performance under this Agreement until it receives assurances from the Redeveloper, deemed adequate by the City, that the Redeveloper will cure its default and continue its performance under this Agreement. (b) Terminate all rights of the Redeveloper under this Agreement. (c) Withhold the Certificate of Completion. (d) Take whatever action at law or in equity may appear necessary or desirable to the City to enforce performance and observance of any obligation, agreement, or covenant of the Redeveloper under this Agreement. In the event the City should fail to observe or perform any covenant, agreement or obligation of the City on its part to be observed and performed under this Agreement, the Redeveloper may take any one or more of the following actions: (a) Suspend its performance under this Agreement until it receives assurances from the City, deemed adequate by the Redeveloper that the City will cure its default and . continue its performance under this Agreement. -13- qto (b) Terminate all rights of the City under this Agreement. • (c) Take whatever action at law or in equity may appear necessary or desirable to the Redeveloper to enforce performance and observance of any obligation, agreement, or covenant of the City under this Agreement, Section 8.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City or to the Redeveloper is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Redeveloper to exercise any remedy reserved to them, it shall not be necessary to give notice, other than such notice as may be required under this Agreement. Section 8.4 Waivers. All waivers by any party to this Agreement shall be in writing. If any provision of this Agreement is breached by any party and thereafter waived by another party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 8.5 Agreement to Pay Attorneys' Fees. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or . agreement on the part of the Redeveloper herein contained, the Redeveloper agrees that it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. ARTICLE 9 General Provisions Section 9.1 Conflict of Interests; City Representatives Not Individually Liable. No council member, official, employee, or consultant or employees of the consultants of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such council member, official, employee or consultant or employees of the consultants of the City participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No council member, official, employee, or consultant or the employees of the consultants of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City for any amount which may become due to the Redeveloper or successors or on any obligations under the terms of this Agreement. Section 9.2 Equal Employment Opportunity. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Project it will comply with any applicable affirmative action and nondiscrimination laws or regulations. . Section 9.3 Restrictions on Ilse. The Redeveloper agrees for itself, and its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, -14- 9Q . that the Redeveloper, and such successors and assigns, shall devote the Redevelopment Property to, and only to and in accordance with, the uses specified in the Modification, TIF Plan, and this Agreement, and shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Redevelopment Property or any improvements erected or to be erected thereon, or any part thereof. • Section 9.4 Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 9.5 Business Subsidies Act. The Business Subsidies Act requires as a condition for the assistance being provided by the City to the Redeveloper under this Agreement that the Redeveloper enter into an agreement with the City meeting the requirements set forth in the Business Subsidies Act. In order to satisfy such requirement, upon execution of this Agreement, the City and the Redeveloper will execute and deliver the Business Subsidy Agreement in substantially the form attached hereto as Exhibit C. Section 9.6 Term of Agreement. This Agreement shall terminate upon the earlier to occur of (i) reimbursement of the Redeveloper's costs by the City as provided in Section 6.2 hereof; (ii) the decertification of the TIF District; or (iii) the City and the Redeveloper agree in writing to terminate this Agreement; it being expressly agreed and understood that the provisions of this Agreement are intended to survive the expiration and satisfaction of any security instruments placed of record contemporaneously with this Agreement, if such expiration and satisfaction occurs prior to the expiration of the term of this Agreement, as stated in this Section 9.6. Section 9.7 Provisions Surviving Termination. Sections 5.1 and 8.5 hereof shall survive any termination, rescission, or expiration of this Agreement with respect to or arising out of any event, occurrence, or circumstance existing prior to the date thereof. ARTICLE 10 Administrative Provisions. Section 10.1 Notices. All notices, certificates or other communications required to be given to the City and the Redeveloper hereunder shall be sufficiently given and shall be deemed given when delivered or deposited in the United States mail in certified form with postage fully prepaid and addressed as follows: If to the City: City of Hutchinson City Hall 111 I•Iassan Street SE Hutchinson, Minnesota 55350 Attn: City Administrator If to the Redeveloper: Earthly Delights, Ltd. 14850 Stone Road Wayzata, Minnesota, 55391 Attn: Miles and Linda McMonagle -Is- q(6) • The City and the Redeveloper, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications should be sent. Section 10.2 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the City and the Redeveloper and their respective successors and assigns. Section 10.3 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 10.4 Amendments, Chanpes and Modifications. This Agreement may be amended or any of its terms modified only by written amendment authorized and executed by the City and the Redeveloper. Section 10.5 Further Assurances and Corrective Instruments. The City and the Redeveloper agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Property or the Improvements or for carrying out the expressed intention of this Agreement. Section 10.6 Execution Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. • . Section 10.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without giving effect to the conflicts -of -laws principles thereof. -16- qc�� E IN WITNESS WIIEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first above written. IVA A Y 6WO) 0 D US 1418 11501eA►1Ria1 tmy 111 QI And Mayor City Administrator EARTHLY DELIGHTS, LTD. }3y Its R (.'6) STATE OF MINNESOTA ) 0 ) SS. COUNTY OF MCLEOD ) The foregoing instrument was acknowledged before me this day of , 2003, by Marlin Torgerson, the Mayor, and Gary Plotz, the City Administrator, of the City of Hutchinson, Minnesota, a Minnesota municipal corporation, on behalf of the corporation. IN WITNESS WHEREOF, I have set my hand and my official seal this day of .2003. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of . 2003, by , the of Earthly Delights, Ltd., a Minnesota corporation, on behalf of the corporation. IN WITNESS WHEREOF, I have set my hand and my official seal this _ day of , 2003. -18- Notary Public • J SCHEDULE A REDEVELOPMENT PROPERTY Parcel Number Address 23 -056 -3400 iy�d.l 35 Washington Avenue East Hutchinson, Minnesota 9c�� r 1 LJ 0 Cl SCHEDULE B DESCRIPTION OF IMPROVEMENTS & PROJECT COSTS The Improvements and Project Costs shall consist of Improvement: • General Paint & Cosmetics Main Theater • General Paint & Cosmetics Balcony Theater • General Paint & Cosmetics Lounge Theater • Insulate Ceiling Over Main Theater • Insulate Ceiling Over Balcony Theater • Insulate Ceiling Over Apartments • General Paint & Cosmetics Lobby • New Concession Stand(s) • .Remodel Restrooms • New ADA Compliant Unisex Restroom • Demo Apartment Area • Disposal of Lead Waste • Disposal of General Waste • Renewal of Apartment Area • Removal of Waste from Basement • Removal of Oil Tanks from Basement • General Clean, Paint, Renew of Retail I west • General Clean, Paint, Renew of Retail 1 east • General Clean, Paint, Renew of Retail 2 east Cost (with description): $50,000 Paint, Tile, wall tile, stage (Carpet & Drapes in Screen Renovation) $50,000 Paint, Tile, wall tile, (Carpet & Drapes in Screen Renovation) $50,000 Paint, Tile, (Carpet & Drapes in Screen Renovation) $987 53'x 48'x 1'= 2544 cubic feet $797 51' x 40'x 1'= 2040 cubic feet $2,277 6000 square feet $65,000 (Raise ceiling, change lights, paint carpet, Lounge) $12,000 $4,500 (New tile, paint light fixtures,paint stalls) $9,500 $5,000 $20 an hour, 250 man hours (6 people, 1 week) $7,500 $5,000 $450,000 (6,000 ft x 75.00 per sq) $3,500 $3,500 $3,500 $3,500 • General Clean, Paint, Renew of Retail 3 east, $3,500 • Create optional use, rear of Retail 3 east $8,000 • .Replace Seat Cushions All 3 Theaters (mold) $7,287 • New and Repaired Theater Equip Theater 1 $59,000 • Replace Seat Foam & Barrier All 3 Theaters (mold) $6,230 • Repaint Seat Frames All 3 Theaters (mold) $4,100 • Draping, Carpeting, Nose Lights all 3 Theatres $11,000 • Asbestos Abatement, Entire Property $17,500 • Repair Sprinkler System $20,000 • Elevator, Apartments $125,000 • Roof Replacement $80,000 • Repair Northwest Comer $15,000 • Repair Canopy Underside (rust through) $2,500 • Rebuild Marquee with Tower $97,000 • Neon In Main Theater, uprights $18,000 Total Entire Project $1,200,678 '►x:31 q«0 LJ 0 SCHEDULE C TAX INCREMENT SCHEDULE TAX INCREMENT CASH FLOW �� 1 pm1wLW w<ewmmo- mIY 61ed u)a 4won w�nnl. fw v4a and a444sm �wpp1 awn �v1vry 4epmM�6 x144 gm1e141e uK Pepmy ru yy.wm w4 w awuv MMVmWn IpYlrwnNl�R4ytrn, IIW.m.11 mew, o 4ri4•"MR4 w4rwwvNin i01.. 441M1�1 WI611h4w1n1M lmn orlM 4ylwp S -C -1 Original Prmecl CapNIe4 .semi - Annual SIM AWROr AEmin $emiAn"UDI Cumpl, Armual PAYMENT DATE! PERIOD BEGINNW(I Tax Tax Tax Grom Tax at m Nm To NPV NM Tax PERIOO ENDING Ym. Mtn. YI Capacity capacity 7.00% IOnamenl Ym. Mth. Yr. 0 0 D 0 0 0 D 62x1 02 -01 200.7 2.150 2.150 0 0 0 0 0 0 08 -01 2003 116 -01 2003 2,150 2,150 0 0 0 0 0 0 0 02 -01 2604 02.01 2004 2,150 2,150 0 0 0 0 0 0 06.01 2604 06.01 2004 2,150 1150 0 0 0 0 0 0 0 02 -01 2005 0.0 02-01 2005 2,150 14.450 12,301 6,955 (46) (891) 6,020 6,752 OS 66 01 2005 0.5 0&01 2005 2.150 14,450 12,301 6,965 (45) (691) 6,020 13,276 16,079 1.0 02 -01 2008 1.0 02 -01 20W 7150 14,450 12.301 6,955 (46) (891) 8,020 19.579 150501 2006 1.5(18-01 265 2,150 1!150 12,301 6,966 (45) (591) 6.020 25.670 16,030 2.0 02 -01 2007 2,002 -01 2007 2,150 14.450 12,301 6,965 (45) (891) e.D20 $1,554 2.5 6B -01 2007 2.6 08.01 2007 2.150 14,450 121301 6.955 (45) (891) 0,020 37,239 16,039 3.0 02 -01 2006 3.012-01 2006 2,150 14,450 12.301 8.955 (45) (091) 8,020 42,732 3.5 06-01 2006 9.5 OB•01 2008 2,150 14,450 12,301 0,955 (46) (891) 8,020 46,039 16.039 4.0 0201 2009 4.002-01 2009 2,150 14,450 12,301 8,955 (46) (891) 6,020 53,157 4.5 00-01 2009 4.5 06.01 2009 2,150 14.450 12,301 6,955 145) (801) 6,020 58,121 16.039 5.002-01 2010 5002 -01 2010 2,150 14,450 12301 8,955 (45) (BSI) 8,020 62.908 550 &01 2610 5.608-01 2010 2,150 14,450 12,301 8.955 (45) 0911 8,020 67,533 16,039 6.0 02 -01 2011 6002 -01 2011 2,150 14,450 12,301 8,05 (95) (Sol) 6,020 72,001 850}01 2011 0.5 0641 2011 2.100 1! 450 12,301 8 955 (45) 1691) 0,020 76,318 16,039 7.0 02.01 2012 7 0 02 -01 2012 2.150 14,450 12,301 8,955 (45) (B91) e,020 80,480 7 5 ami 2012 75 00-01 2012 2,150 14,450 12,301 8,955 (45) (891) 8,020 64,521 16,030 8002-01 2013 8.0 03 -01 2013 2.150 14,450 12,301 6.957 (45) (091) 6.070 98,415 8.5 06-01 2013 9.5 08 -01 2013 2.150 11,450 12,301 6,966 (45) (6911 9.020 02.177 16,039 90 02 -01 4014 9002 -01 2014 2.150 14.450 12.301 6.965 (45) (691) 8,020 06.812 8.508 -01 2014 O.S MOT 2014 2.150 14,450 12301 81955 (451 (891) 8,020 09,124 16.039 10002 -01 2015 10002.01 2015 2,150 14,450 12.301 0.855 (45) (691) 6,020 102,718 10.508 -01 2015 105 0041 2016 2.150 14)50 12,301 BASS (45) (891) 9,020 105,996 16,039 11,0 02 -01 2016 11 0 02.01 2016 2,150 14.450 12,301 0,955 (45) (881) 6,020 109,164 11.5 06.01 2016 11.5 0801 2016 2,160 1!450 12,301 6,855 (45) (691) 0,020 112,223 16,039 12.0 02 -01 2017 1200241 2017 2,150 14,450 12,301 8955 (4S) (691) 8,020 115.782 12,50601 2017 12.508 -01 3017 2,160 14,450 12.301 8,955 (45) (881) 6.020 116.039 16,039 1300241 2018 13002 -01 2016 2,150 14,450 12,301 8.955 (45) (8911 8.020 120,600 13.500-01 2018 13.5 06 -01 2018 2,150 14,450 17.301 8456 (46) (891) 8,020 123.467 16,038 14.0 0241 2015 14,0 D2 -01 2019 2,150 14,450 12,301 6.S68 p5) (891) 8,020 126.044 14.5 08-01 2m9 14,5 0 &01 2019 2,150 14,450 12.301 6,955 (46) (091) 8,D20 126.534 16,039 15.0 02 -01 2020 15.002-01 2020 2,150 14,450 1001 0,955 (45) (091) 6,020 130.40 155 0501 2020 15508 -01 2020 2.150 14,450 12.301 6,855 (45) (B91) AMC 133.264 16 me 16.002-01 2021 16.0 02 -01 2021 2.150 14,450 13,301 8,856 (45) (891) 8,020 135.510 16.5 OB41 2021 16500-01 2021 2,150 14,450 12.301 8,966 (45) (091) 9.020 137.600 16,039 17.002-01 2022 17002 -01 2022 2.150 14,450 11,301 8,955 (45) (091) 8,020 130.776 1755 -01 2022 17,5 00-01 2022 3.1550 14,450 12,301 8,955 (45) (891) 6,020 141,601 16,039 18.0 0241 2023 18.0 02 -01 2023 2,150 14,450 12,301 8,855 (45) (691) 6,020 143.759 16.5 5.01 2023 16501.01 2023 2,150 1!460 12,301 0,955 (45) (6911 8.020 145,649 16,039 19.002-01 2024 19.0 02 -01 2024 2,150 14,430 12.301 8.955 (45 (891) 0,020 147,476 195 060T 2024 19,5 DO-01 2024 2,150 14,450 12,301 6,865 05) (091) 8,020 149,241 16,039 20.0 02-01 2025 20.0 0241 2025 2.150 14,450 12,301 8,855 (45) (091) 5,020 150,947 205 00.01 2025 20,506 -01 2025 2,150 14450 12,301 6955 (45) (a91) 8,020 152,595 16,030 21002 -01 2020 21.0 02.01 2026 2,150 14,450 12,301 6,955 (45) [891) 8,020 154.187 21,6 06 -01 2026 2150841 2026 2,150 14.480 12,301 8,955 (45) (891) 0,020 15$,725 16,039 22,002 -01 2027 22.0 02 -01 2027 2,150 14,460 12.301 8,955 (45) (381) 8.020 157,211 22.5 0641 2027 22.5 0841 2027 2,150 1!450 12,301 8,955 (45) (691) 0.020 158,047 16,039 230 02.01 2028 23.0 0241 2020 2,150 14,450 12,301 8,955 (45) (891) E,020 160,034 23.6 0801 2026 23508 -01 2028 2,150 14,460 12,301 6,955 (45) (8911 8.020 161,376 18,039 24002 -01 2028 24002 -01 2029 2,150 14.450 12,301 8,955 (45) (631) 0,020 162,070 24,508 -01 2029 24.5 0801 2029 2,150 14,450 12,301 8,955 (45) (891) 5,020 163,921 16,035 250 0241 2030 25002 -01 2030 2,150 14,450 12,301 6,955 (45) (691) 6,020 165,130 25508.01 21M 25508 -01 2030 2,150 14,450 12,301 805 (45) (891) 6,020 166,299 16,039 26,002 -01 2031 iclala 465.66 2.326 46,335 '417016 Pr0aanl V6Neb 1mm 211/04 188,931 178 149 �� 1 pm1wLW w<ewmmo- mIY 61ed u)a 4won w�nnl. fw v4a and a444sm �wpp1 awn �v1vry 4epmM�6 x144 gm1e141e uK Pepmy ru yy.wm w4 w awuv MMVmWn IpYlrwnNl�R4ytrn, IIW.m.11 mew, o 4ri4•"MR4 w4rwwvNin i01.. 441M1�1 WI611h4w1n1M lmn orlM 4ylwp S -C -1 0 EXHIBIT A CERTIFICATE OF COMPLETION WHEREAS, Earthly Delights (the "Redeveloper ") is the owner and the Redeveloper of property in the City of Hutchinson and the State of Minnesota described on Exhibit I attached hereto and made a part hereof (the "Redevelopment Property "); and WHEREAS, the Redevelopment Property is subject to the provisions of a certain Redevelopment Agreement (the "Agreement') dated August 26, 2003, by and between the Redeveloper and the City of Hutchinson, Minnesota (the "City "); and WHEREAS, the Redeveloper has fully and duly performed all of the covenants and conditions of the Redeveloper under the Agreement with respect to the completion of the Project (as defined in the Agreement); NOW, THEREFORE, it is hereby certified that all requirements of the Redeveloper under the Agreement with respect to the completion of the Project have been completed and duly and fully performed, and this instrument is to be conclusive evidence of the satisfactory termination of the covenants and conditions of the Agreement as they relate to the completion of the Project. All other covenants and conditions of the Agreement shall remain in effect and are not terminated hereby. 0 Dated this day of 1200 _ 0 A -1 CITY OF IIUTCHINSON, MINNESOTA By Its 9(,6) Exhibit T • 11 0 REDEVELOPMENT PROPERTY Parcel Number Address 23 -056 -3400 35 Washington Avenue East Hutchinson, Minnesota A -2 rI STATE OF MINNESOTA ) ) SS. COUNTY OF MCLEOD ) The foregoing instrument was acknowledged before me this day of 20 by .]the of Hutchinson, Minnesota. THIS INSTRUMENT DRAFTED $Y: Dorsey & Whitney LLP Suite 1500 50 South Sixth Street Minneapolis, Minnesota 55402 0 I:S1 Notary Public of the City 0 EXHIBIT B COVENANTS AND RESTRICTIONS 1. The Property shall not be exempt from real estate taxes notwithstanding the ownership or use of the land. 2. The Property shall not be sold, transferred, conveyed or leased to any of the following parties: (a) An institution of purely public charity; (b) A church or ancillary tax- exempt housing; (c) A public hospital; (d) A public school district; (e) An organization exempt from federal income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, if as a result of such sale, transfer, conveyance or lease the Property would become exempt from real estate taxes; or (f) A Minnesota cooperative association organized under Minnesota Statutes, Section 308.05 and 308.18 for the purpose of complying with the provisions of Minnesota Statutes, Section 273.133, subdivision 3, or any other party that would cause the Property to be valued and assessed for real estate tax purposes at a lower percentage of its market value than the Property is then being valued and assessed for real estate tax purposes or would result in the Property becoming exempt from real estate taxes. 3. The Property shall not be used for any of the following purposes: (a) The operation of a public charity; (b) A church or house of worship; (c) The operation of a public hospital; (d) The operation of a public schoolhouse, academy, college, university or seminary of learning; or (e) Any other use which would cause the Property to be valued and assessed for real estate tax purposes at a lower percentage of its market value than the Property is then being valued and assessed for real estate tax purposes or would result in the Property becoming exempt from real estate taxes. B -1 q tb) • 4. The Property shall be devoted to uses consistent with a "redevelopment district" under Minnesota Statutes, Sections 469.174 through 469.1799. 5, The Property owner shall: (a) not discriminate on the basis of color, creed, national origin, or sex in the sale, lease, use or occupancy of the Property, the Improvements or any part thereof; (b) develop the Property in an orderly manner consistent with the City's zoning ordinances and comprehensive plan. 6. The covenants and restrictions herein contained shall run with the title to the Property and shall be binding upon all present and future owners and occupants of the Property; provided, however, that the covenants and restrictions herein contained shall inure only to the benefit of the City and may be released or waived in whole or in part at any time, and from time to time, by the sole act of the City, and variances may be granted to the covenants and restrictions herein contained by the sole act of the City. These covenants and restrictions shall be enforceable only by the City, and only the City shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of the covenants and restrictions herein contained, or to enforce the performance or observance thereof. 7. The covenants and restrictions herein contained shall remain in effect until the date of is null of'this Redevelopment Agreement, dated August 26, 2003, and thereafter shall be null and void. 0 B -2 q (b� EXHIBIT C • FORM OF BUSINESS SUBSIDY AGREEMENT This Business Subsidy Agreement (the "Agreement ") is made as of this 26th day of August, 2003, between the City of Hutchinson, Minnesota (the "Grantor ") and Earthly Delights, Ltd. (the "Recipient "). In order to satisfy the provisions of Minnesota Statutes, Sections 116J.993 through I I6J.995 (the "Act "), the Recipients acknowledge and agree as follows: Description of the Business Subsidy (a) The Project. The Recipient will be undertaking the following project within the Grantor's area of operation: The renovation and rehabilitation of the State Theater and associated rental space, including demolition and renovation costs (the "Project "). (b) Type of Business Subsidy. The Business Subsidy consists of: (i) tax increment financing revenue contributions to be made from Tax Increment Financing District No. 4 -13 for permissible Project costs; and (ii) a loan in the amount of $130,000 from the City's downtown revolving loan fund (collectively, the "Business Subsidy "). • (c) Amount of the Business Subsidy. The amount of the Business Subsidy granted to the Recipient under this Agreement has a value of no more than $547,000. (d) Type of Tax Increment Financing District. The Tax Increment District in which the Project is located is a "redevelopment district" within the meaning of Minnesota Statutes, Section 469.174, Subdivision 10. 2, Public Purpose for the Business_ Subsidy. The public purpose of this Business Subsidy is to redevelop blighted property, increase job opportunities, and enhance the tax base. 3. Wiry the Business Subsidy is Needed. The Business Subsidy is needed because the Grantor is desirous of the Recipient undertaking the Project in order to redevelop bligbted property, increase job opportunities, and enhance the tax base in the Grantor's area of operation and the Project is not economically feasible for the Recipient to undertake without the Business Subsidy. 4, Goals for the Business Subsidy, including Job and Wage Goals. The goals for the project are to facilitate the renovation and rehabilitation of the State Theater and associated rental space, including demolition and renovation costs, provide an impetus for private redevelopment activities in the public interest, reduce blight, increase employment opportunities and enhance the tax base of the City and overlapping taxing jurisdictions. Such goals are measurable, specific, and tangible goals. C -1 wow) . The Job and Wage Goals for the Business Subsidy are: one (1) permanent, full -time or frill -time equivalent job with wages as follows: Job Title Number of Jobs Average Annual Wage Manager $10,712 5. Continued Operations. The Recipient agrees to continue its operations in the City for at least five (5) years after the Benefit Date. As used herein "Benefit Date" means the date the Business Subsidy is received. The Business Subsidy is for improvements to property, therefore the Benefit Date refers to the earliest date of either: (1) when the improvement is finished for the entire Project, or (2) when the Recipient occupies the property. 6. Financial Obligation of the Reci ient if A >reement Not Fulfilled. As required in Section 116J.994, Subdivision 6, if the Recipient fails to meet the goals contained in paragraph 4 herein, the Recipient will repay all of the Business Subsidy to the Grantor plus interest set at the implicit price deflator defined in Minnesota Statutes, Section 275.70, Subdivision 2, accruing from and after the Benefit Date, compounded semiannually. Reporting Requirements. (a) The Recipient agrees to furnish to the Grantor on or before March 1 in each year i the report required in Section 116J.994, Subdivision 7 of the Act on forms developed by �I the Minnesota Department of Employment and Economic Development. 0 (b) If the Grantor does not receive the reports, it will mail the Recipient a warning within one week of the required filing date. If within fourteen (14) days of the post marked date of the warning the reports are not made, the Recipient agrees to pay to the Grantor a penalty of $100 for each subsequent day until the report is tiled up to a maximum of $1,000. 8. Parent Corporations. The Recipient warrants that it has no parent corporations. 9. Other Grantors. At this time, the Grantor and the Recipient understand that no other financial assistance will be provided by other state government agencies or local government agencies for the Project. 10. Term of A rg eement. This Agreement will be in full force and effect until the earlier of the Recipient meeting all of their obligations hereunder or the provisions of the Act no longer apply to the Grantor, the Recipient or the Project, in which case this Agreement will be terminated. C -2 . above. The Grantor and the Recipient have executed this Agreement as of the date written Grantor: CITY OF HUTCHINSON, MINNESOTA sy Its Mayor By Its City Administrator Recipient: EARTHLY DELIGHTS, LTD. sy Its J C -3 EXHIBIT D FORM OF PERSONAL GUARANTY TI3IS GUARANTY, dated as of August 26, 2003, is made and given by MILES AND LINDA MCMONAGLE, husband and wife, residing in Wayzata, Minnesota (the "Guarantors "), in favor of the CITY OF IIUTCHINSON, MINNESOTA (the "City "). RECITALS A. Earthly Delights, Ltd., a Minnesota corporation (the "Redeveloper "), and the City have entered into a Redevelopment Agreement dated as of August 26, 2003 (as the same may hereafter be amended, restated, or otherwise modified from time to time, the "Redevelopment Agreement ") pursuant to which the City has agreed to provide the Redeveloper with certain financial assistance in connection with the renovation and rehabilitation by the Redeveloper of the State Theater and associated rental space in the City (the "Financial Assistance "). B. It is a condition precedent to the obligation of the City to provide such assistance pursuant to the terms of the Redevelopment Agreement that this Guaranty be executed and delivered by the Guarantors. C. The Guarantors are the shareholders of the Redeveloper. D. The Guarantors expect to derive benefits from the Financial Assistance provided by • the City to the Redeveloper under the Redevelopment Agreement and find it advantageous, desirable and in their best interests to execute and deliver this Guaranty to the City. NOW, THEREFORE, in consideration of the Financial Assistance provided by the City to the Redeveloper under the Redevelopment Agreement to be extended to the Redeveloper and for other good and valuable consideration, the Guarantors hereby covenant and agree with the City as follows: Section 1. Defined Terms. As used in this Guaranty, the following terms shall have the meaning indicated: "City" shall have the meaning indicated in Recital A. "Financial Assistance" shall have the meaning indicated in the opening paragraph hereof. "Redeveloper" shall have the meaning indicated in Recital A. "Redevelopment Agreement" shall have the meaning indicated in Recital A. "Guarantors" shall have the meaning indicated in the opening paragraph hereof. "Obligations" shall mean all indebtedness, liabilities and obligations of the Redeveloper to the City of every kind, nature or description under the Redevelopment Agreement, including, D -1 � but not limited to, the Redeveloper's obligation to repay the Loan pursuant to Section 6.3 thereof. "Person" shall mean any individual, corporation, partnership, limited partnership, limited liability company, joint venture, firm, association, trust, unincorporated organization, government or governmental agency or political subdivision or any other entity, whether acting in an individual, fiduciary or other capacity. Section 2. The Guaranty. The Guarantors hereby absolutely and unconditionally guarantee to the City the payment when due (whether at a stated maturity or earlier by reason of acceleration or otherwise) and performance of the Obligations. Section 3. Continuing Guaranty. This Guaranty is an absolute, unconditional and continuing guaranty of payment and performance of the Obligations, and the obligations of the Guarantors hereunder shall not be released, in whole or in part, by any action or thing which might, but for this provision of this Guaranty, be deemed a legal or equitable discharge of a surety or guarantor, other than irrevocable payment and performance in full of the Obligations. No notice of the Obligations to which this Guaranty may apply, or of any renewal or extension thereof need be given to the Guarantors and none of the foregoing acts shall release the Guarantors from liability hereunder. The Guarantors hereby expressly waive (a) demand of payment, presentment, protest, notice of dishonor, nonpayment or nonperformance on any and all forms of the Obligations; (b) notice of acceptance of this Guaranty and notice of any liability to which it may apply; (c) all other notices and demands of any kind and description relating to the Obligations now or hereafter provided for by any agreement, statute, law, rule or regulation; • and (d) any and all defenses of the Redeveloper pertaining to the Obligations except for the defense of discharge by payment. The Guarantors shall not be exonerated with respect to the Guarantors' liabilities under this Guaranty by any act or thing except irrevocable payment and performance of the Obligations, it being the purpose and intent of this Guaranty that the Obligations constitute the direct and primary obligations of the Guarantors and that the covenants, agreements and all obligations of the Guarantors hereunder be absolute, unconditional and irrevocable. The Guarantors shall be and remain liable for any deficiency remaining after foreclosure of any mortgage, deed of trust or security agreement securing all or any part of the Obligations, whether or not the liability of the Redeveloper or any other Person for such deficiency is discharged pursuant to statute, judicial decision or otherwise. The acceptance of this Guaranty by the City is not intended and does not release any liability previously existing of any guarantor or surety of any indebtedness of the Redeveloper to the City. Section 4, Other Transactions. The City is expressly authorized (a) to exchange, surrender or release with or without consideration any or all collateral and security which may at any time be placed with it by the Redeveloper or by any other Person, or to forward or deliver any or all such collateral and security directly to the Redeveloper for collection and remittance or for credit, or to collect the same in any other manner without notice to the Guarantors and (b) to amend, modify, extend or supplement the Redevelopment Agreement, any note or other instrument evidencing the Obligations or any part thereof and any other agreement with respect to the Obligations, waive compliance by the Redeveloper or any other Person with the respective terms thereof and settle or compromise any of the Obligations without notice to the Guarantors . and without in any manner affecting the absolute liabilities of the Guarantors hereunder. No D-2 invalidity, irregularity or unenforceability of all or any part of the Obligations or of any security therefor or other recourse with respect thereto shall affect, impair or be a defense to this Guaranty. The liabilities of the Guarantors hereunder shall not be affected or impaired by any failure, delay, neglect or omission on the part of the City to realize upon any of the Obligations of the Redeveloper to the City, or upon any collateral or security for any or all of the Obligations, nor by the taking by the City of (or the failure to take) any other guaranty or guaranties to secure the Obligations, nor by the taking by the City of (or the failure to take or the failure to perfect its security interest in or other lien on) collateral or security of any kind. No act or omission of the City, whether or not such action or failure to act varies or increases the risk of or affects the rights or remedies of the Guarantors shall affect or impair the obligations of the Guarantors hereunder. The Guarantors acknowledge that this Guaranty is in effect and binding without reference to whether this Guaranty is signed by any other Person or Persons, that possession of this Guaranty by the City shall be conclusive evidence of due delivery hereof by the Guarantors and that this Guaranty shall continue in full force and effect, both as to the Obligations then existing and /or thereafter created, notwithstanding the release of or extension of time to any other guarantor of the Obligations or any part thereof. Section 5. Actions Not Required. The Guarantors hereby waive any and all right to cause a marshalling of the assets of the Redeveloper or any other action by any court or other governmental body with respect thereto or to cause the City to proceed against any security for the Obligations or any other recourse which the City may have with respect thereto and further waives any and all requirements that the City institute any action or proceeding at law or in equity, or obtain any judgment, against the Redeveloper or any other Person, or with respect to 40 any collateral security for the Obligations, as a condition precedent to making demand on or bringing an action or obtaining and/or enforcing a judgment against, the Guarantors upon this Guaranty. The Guarantors further acknowledge that time is of the essence with respect to the Guarantors' obligations under this Guaranty. Any remedy or right hereby granted which shall be found to be unenforceable as to any Person or under any circumstance, for any reason, shall in no way limit or prevent the enforcement of such remedy or right as to any other Person or circumstance, nor shall such unenforceability limit or prevent enforcement of any other remedy Or right hereby granted. Section 6. No Subrogation. Notwithstanding any payment or payments made by the Guarantors hereunder, the Guarantors waive all rights of subrogation to any of the rights of the City against the Redeveloper or any other Person liable for payment of any of the Obligations or any collateral security or guaranty or right of offset held by the City for the payment of the Obligations, and the Guarantors waive all rights to seek any recourse to or contribution or reimbursement from the Redeveloper or any other Person liable for payment of any of the Obligations in respect of payments made by the Guarantors hereunder. Section 7. Application of Payments. Any and all payments upon the Obligations made by the Guarantors or by any other Person, and/or the proceeds of any or all collateral or security for any of the Obligations, may be applied by the City on such items of the Obligations as the City may elect. . Section 8. Recovery of Payment. If any payment received by the City and applied to the Obligations is subsequently set aside, recovered, rescinded or required to be returned for any D -3 reason (including, without limitation, the bankruptcy, insolvency or reorganization of the • Redeveloper or any other obligor), the Obligations to which such payment was applied shall for the purposes of this Guaranty be deemed to have continued in existence, notwithstanding such application, and this Guaranty shall be enforceable as to such Obligations as fully as if such application had never been made. References in this Guaranty to amounts "irrevocably paid" or to "irrevocable payment" refer to payments that cannot be set aside, recovered, rescinded or required to be returned for any reason. Section 9. Redeveloper's Financial_ Condition. The Guarantors are familiar with the financial condition of the Redeveloper, and the Guarantors have executed and delivered this Guaranty based on the Guarantors' own judgment and not in reliance upon any statement or representation of the City. The City shall have no obligation to provide the Guarantors with any advice whatsoever or to inform the Guarantors at any time of the City's actions, evaluations or conclusions on the financial condition or any other matter concerning the Redeveloper. Section 10. Remedies. All remedies afforded to the City by reason of this Guaranty are separate and cumulative remedies and it is agreed that no one of such remedies, whether or not exercised by the City, shall be deemed to be in exclusion of any of the other remedies available to the City and no one of such remedies shall in any way limit or prejudice any other legal or equitable remedy which the City may have hereunder and with respect to the Obligations. Mere delay or failure to act shall not preclude the exercise or enforcement of any rights and remedies available to the City. . Section 11. Bankruptcy of the Redeveloper. The Guarantors expressly agree that the liabilities and obligations of the Guarantors under this Guaranty shall not in any way be impaired or otherwise affected by the institution by or against the Redeveloper or any other Person of any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or any other similar proceedings for relief under any bankruptcy law or similar law for the relief of debtors and that any discharge of any of the Obligations pursuant to any such bankruptcy or similar law or other law shall not diminish, discharge or otherwise affect in any way the obligations of the Guarantors under this Guaranty, and that upon the institution of any of the above actions, such obligations shall be enforceable against the Guarantors. Section 12. Costs and Expenses. The Guarantors will pay or reimburse the City on demand for all out -of- pocket expenses (including in each case all reasonable fees and expenses of counsel) incurred by the City arising out of or in connection with the enforcement of this Guaranty against the Guarantors or arising out of or in connection with any failure of the Guarantors to fully and timely perform the obligations of the Guarantors hereunder. Section 13. Waivers and Amendments. This Guaranty can be waived, modified, amended, terminated or discharged only explicitly in a writing signed by the City. A waiver so signed shall be effective only in the specific instance and for the specific purpose given. Section 14. Notices. Any notice or other communication to any party in connection with this Guaranty shall be in writing and shall be sent by manual delivery, telegram, telex, facsimile transmission, overnight courier or United States mail (postage prepaid) addressed to such party at 40 the address specified on the signature page hereof, or at such other address as such party shall D -4 qN) have specified to the other party hereto in writing. All periods of notice shall be measured from the date of delivery thereof if manually delivered, from the date of sending thereof if sent by telegram, telex or facsimile transmission, from the first business day after the date of sending if sent by overnight courier, or from four days after the date of mailing if mailed. Section 15. Guarantors Acknowledgements. The Guarantors hereby acknowledge that (a) counsel has advised the Guarantors in the negotiation, execution and delivery of this Guaranty, (b) the City has no fiduciary relationship to the Guarantors the relationship being solely that of debtor and creditor, and (c) no joint venture exists between the Guarantors and the City. Section 16. Continuing Guaranty: Assienments under Redevelopment Ageement. This Guaranty shall (a) remain in full force and effect until irrevocable payment in full of the Obligations and the expiration of the obligations, if any, of the City to extend credit accommodations to the Redeveloper, (b) be binding upon the Guarantors, their heirs, representatives and assigns and (c) inure to the benefit of, and be enforceable by, the City and its successors, transferees, and assigns. Without limiting the generality of the foregoing clause (c), the City may assign or otherwise transfer all or any portion of its rights and obligations under the Redevelopment Agreement to any other Persons to the extent and in the manner provided in the Redevelopment Agreement and may similarly transfer all or any portion of its rights under this Guaranty to such Persons. Section 17. Reaffirmation. The Guarantors agree that when so requested by the City . from time to time they will promptly execute and deliver to the City a written reaffirmation of this Guaranty in such form as the City may require. Section 18. Revocation. Notwithstanding any other provision hereof, the Guarantors may revoke this Guaranty prospectively as to future transactions by written notice to that effect actually received by the City. No such revocation shall release, impair or affect in any manner any liability hereunder with respect to Obligations created, contracted, assumed or incurred prior to receipt by the City of written notice of revocation, or Obligations created, contracted, assumed or incurred after receipt of such notice pursuant to any contract entered into by the City prior to receipt of such notice, or any renewals or extensions thereof, theretofore or thereafter made, or any interest accrued or accruing on such Obligations, or all other costs, expenses and attorneys' fees arising from such Obligations. Section 19. Governing Law and Construction. THE VALIDITY, CONSTRUCTION AND ENFORCEABILITY OF THIS GUARANTY SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA, WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES TIIEREOF. Whenever possible, each provision of this Guaranty and any other statement, instrument or transaction contemplated hereby or relating hereto shall be interpreted in such manner as to be effective and valid under such applicable law, but, if any provision of this Guaranty or any other statement, instrument or transaction contemplated hereby or relating hereto shall be held to be prohibited or invalid under such applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Guaranty or any other statement, instrument ior transaction contemplated hereby or relating hereto. I) -5 �(b) Section 20. Consent to Jurisdiction. AT THE OPTION OF THE CITY, THIS GUARANTY MAY BE ENFORCED IN ANY FEDERAL COURT OR MINNESOTA STATE COURT SITTING IN GLENCOE, MINNESOTA; AND THE GUARANTORS CONSENT TO THE JURISDICTION AND VENUE OF ANY SUCII COURT AND WAIVES ANY ARGUMENT THAT VENUE IN SUCH FORUMS IS NOT CONVENIENT. IN THE EVENT THE GUARAN'T'ORS COMMENCE ANY ACTION IN ANOTHER JURISDICTION OR VENUE UNDER ANY TORT OR CONTRACT THEORY ARISING DIRECTLY OR INDIRECTLY FROM THE RELATIONSHIP CREATED BY THIS GUARANTY, THE CITY AT ITS OPTION SHALL BE ENTITLED TO IIAVE THE CASE TRANSFERRED TO ONE OF THE JURISDICTIONS AND VENUES ABOVE - DESCRIBED, OR IF SUCH TRANSFER CANNOT BE ACCOMPLISHED UNDER APPLICABLE LAW, TO HAVE SUCH CASE DISMISSED WITHOUT PREJUDICE. Section 21. Waiver of Jury Trial. EACH OF THE GUARANTORS AND THE CITY, BY THEIR ACCEPTANCE OF THIS GUARANTY, IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS GUARANTY OR THE TRANSACTIONS CONTEMPLATED HEREBY. Section 22. Counterparts. This Guaranty may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. • Section 23. General. All representations and warranties contained in this Guaranty or in any other agreement between the Guarantors and the City shall survive the execution, delivery and performance of this Guaranty and the creation and payment of the Obligations. Captions in this Guaranty are for reference and convenience only and shall not affect the interpretation or meaning of any provision of this Guaranty. IN WITNESS WHEREOF, the Guarantors have executed this Guaranty as of the date first above written. 0 GUARANTORS: MILES MCMONAGLE LINDA MCMONAGLE . Address for the Guarantors: 14850 Stone Road Wayzata, Minnesota 55391 Phone Numbers: (952) 473 -4283 (work) (952) 476 -8923 (home) (952) 201 -1697 (cell) Fax Number: (952) 449 -9563 (business fax) Address for the City: 111 Hassan Street SE Hutchinson, Minnesota 55350 Phone Number: (320) 587 -5151 Fax Number: (320) 234 -4240 • CITY OF HUTCHINSON MEMO Finance Department August 22, 2003 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: TRUTH IN TAXATION DATE PRELIMINARY TAX LEVY Truth In Taxation Hear The City of Hutchinson must select a date for the annual Truth in Taxation Hearing. The date cannot conflict with the county hearing or the school district. School district are get the first choice • and the Hutchinson School District will have there hearing on Monday December 1, 2003. State law set the date for all county hearing as December 4. The attached resolution sets the date as of Tuesday, December 2 at 5:30 but can be set for another time and date if the council would desire The earliest date the hearing can be held is November 29 and the latest is December 20. Preliminary Tax Levy Resolutions setting the preliminary tax levies for 2004 for the HRA and City of Hutchinson are attached. We will be reviewing the City of Hutchinson's preliminary levy at the informational meeting at 4 p.m. on Tuesday. For next year the state reduced the Local Government Aid to the city and allowed cities to levy back 60% of the lost aid. The levy is set at the maximum and can be reduced at a later date but cannot be increased. The number is also used by for preliminary notices, which are mailed to the individual property owners. H: \DOC \City council memo 2.doc r� u q (c) . CITY OF HUTCHINSON RESOLUTION NO. 12289 RESOLUTION SETTING TRUTH IN TAXATION HEARING DATE FOR TAXES PAYABLE 2004 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT a hearing a prescribed by State Law entitled Truth In Taxation is hereby established as follows: Tueday, December 2, 2003; 5:30 p.m. Said meeting shall be convened at the Hutchinson City Center; 111 Hassan Street S.E; Hutchinson, Minnesota in the City Council Chambers Adopted by the City Council this 26th day of August 2003 • FVWIIgIW Gary D. Plotz City Administrator Marlin Torgerson Mayor q (C-) CITY OF HUTCHINSON RESOLUTION NO. _1775p 2004 PRELIMINARY TAX LEVY FOR CITY OF HUTCHINSON, MINNESOTA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA THAT A PRELIMINARY NET tax levy for the City of Hutchinson for 2004 is hereby set in the amount of $4,780,880 The detail for this levy is as follows: LEVY Amt, Total General Fund 3,359,280 General Obligation Bond H.A.T.S. Facility 153,200 Total Gen. Obligation Bond mm 153,200 Improvement Bonds 1992 0 1993 1995 50,000 0 1996 110,100 1997 184,900 1998 160,800 1999 171,700 2000 83,600 2001 29,000 2002 90,000 2002 Refunding 388,300 Total Improvement Bond mm1,268,400 TOTAL TAX LEVY W4,780,880 Adopted by the City Council this 26th day of August 2003 Marlin Torgerson Mayor ►:rlrr��r�.a Gary D. Plotz City Administrator 9 (d� CITY OF HUTCHINSON RESOLUTION NO. 12251 • CITY OF HUTCHINSON, MINNESOTA SETTING 2004 PRELIMINARY TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON REDEVELOPMENT AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA THAT the City of Hutchinson hereby establishes a special taxing district for the purpose of Hutchinson Housing Redevelopment Authority (Hutchinson HRA) and the financing of such district as authorized under Minn. Stat. 469.033 Total Tax Levy Adopted by the City Council this 26th day of August 2003 . ATTESTED: Gary ❑. Plotz City Administrator $87,720 Marlin Torgerson Mayor 9 (0 • RESOLUTION NO. 12240 RESOLUTION TO SELL AT AUCTION SURPLUS PROPERTY WHEREAS, the City of Hutchinson has accumulated surplus property; and, WHEREAS, the Hutchinson City Code provides, pursuant to Section 2.70, Subd. 3, Paragraph C, for the sale at auction of surplus property; THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON THAT: The Hutchinson City Council hereby approves the sale at auction of surplus items identified on Attachment A. Approved by the City Council this 26°i day of August, 2003. 0 Marlin Torgerson, Mayor • ATTEST: Kenneth Merrill, Acting City Administrator ID(r) 0 EXHIBIT A 2--24" WIDE X 66 %" TALL WOODEN FRAMED STORM WINDOWS 10 -44" WIDE X 34 %," TALL WOODEN FRAMED STORM WINDOWS 10 - - -44" WIDE X 78/2" TALL WOODEN FRAMED STORM WINDOWS 19--YELLOW PLASTIC CHAIRS WITH METAL FRAME I -METAL OFFICE DESK 1 -- DRAFTING TABLE 1 -4 1" ROUND WOODEN KITCHEN TABLE, WITH 2 LEAVES 1 -- 12.5 6u. Toro Composter • 11 • 0 R55APPYRV I CITY OF HUTCHINSON By Check Number AP Payment Register with Voids Check Dat 8/21/2003 Ck Date TvpelCheck# Vendor Name Amount 8/21/2003 PK 118285 ' 101876 AETNA VARIABLE LIFE ASS. CO. 855.00 8/21/2003 PK 118286 101919 AMERICAN FAMILY INS CO. 137.10 8/21/2003 PK 1 1182871 118789 BLOMER, BRIAN 9.00 8/21/2003 PK 1 1182881 118790 CUTTING EDGE TILE INC 2700.00 8/21/2003 PK I 118289 103755 DM2 SOFTWARE 600.00 8/21/2003 PK 118290 102672 FORCIER, GARY 195.63 8/21/2003 PK 118291 101875 GREAT WEST LIFE INS. CO. 300.00 8/21/2003 PK 118292 101872 H.R.L.A.P.R. 245.08 8/21/2003 PK 118293 101869 HUTCHINSON, CITY OF 592.00 8121/2003 PK 118294 101869 HUTCHINSON, CITY OF 180.00 8/21/2003 PK 118295 102633 HUTCHINSON, CITY OF 5239.69 8/2112003 PK 1182961 102635 HUTCHINSON, CITY OF 529.03 8/21/2003 PK 118297 1018731 ICMA RETIREMENT TRUST 3697.23 8/21/2003 PK 118298 1 1025731 MCLEOD COOP POWER 948.15 8/21/2003 PK 118299 102449 MINNESOTA CHILD SUPPORT PAYMEN 91323 8/21/2003 PK 118300 114439 MINNESOTA COUNTY ATTORNEY ASSN 225.00 8/21/2003 PK 118301 113190 MINNESOTA PLANNING OFFICE OF B 157.60 8/21/2003 PK 118302 101877 PRUDENTIAL 75.00 8/21/2003 PK 118303 102096 PRUDENTIAL MUTUAL FUNDS 30.00 8/21/2003 PK 118304 102052 QUALITY WINE & SPIRITS CO. 2516.21 8/21/2003 PK 118305 103832 RCH INC 6728.61 8/21/2003 PK 1183061 1 105110 WILLIAM MITCHELL COLLEGE OF LA 790.00 8/21/2003 PK 118307 105110 WILLIAM MITCHELL COLLEGE OF LA 108.75 27772.31 AccountN # i 27772.31 IMMEDIATE PAYS Void Amou 1] ELECTRONJC FUNDS TRANSFERS 8/26/03 WATL•'R/SEWER MN DEPT OF REVENUE -USE TAX 9,518.00 GENERAL MN DEPT OF REVENUE -SALES TAX 1,401.00 H.A.T.S MN DEPT OF REVENUE -FUEL TAX 964.80 LIQUOR MN DEPT OF REVENUE -JULY SALES TAX 32,536.00 MN DEPT OF REVENUE - REMAINING JUNE SALES TAX 6,806.00 E C, J C, J PAYROLL ACCOUNT - Payroll of August 22, 2003 Period Ending: August 16, 2003 • FOR COUNCIL LIST ONLY - ELECTRONIC TRANSFER TO STATE AND IRS DO NOT ISSUE CHECKS FOR THIS PAGE AMOUNT PEID ACCTO NAME DESCRIPTION $26,333.31 9995.2034 WITH. TAX Employee Contribution - Federal Tax ACCOUNT $12,413.56 9995.2040 Employee Contribution - SOC. Security $3.549.60 9995.2242 Employee Contribution - Medicare $42,296.67 Sub -Total - Employee Contribution $12,413.56 9995.2240 Employer Contribution - Social Security $3,549.80 9995.2242 Employer Contribution - Medicare $15,963.36 Sub -Total - Employer Contribution 0 $58,260.03 - Grand Total — Withholding. Tax Account $11,068.37 9995.2035 MN DEPT OF REVENUE $11,124.90 10261$ 9995.2241 PERA Employee Contribution - Pension Plan $13,441.46 102615 9995.2241 Employer Contribution - Pension Plan $24,566.36 Sub -Total - PERA $24.86 102615 9995.2243 PERA -DCP Employee Contribution - Pension Plan $24.86 102615 9995.2241 Employer Contribution - Pension Plan $49.72 Sub - Total - DCP $24,616.08 GRAND TOTAL - PERA • Finance Director Approval MEMO 08/22/03 . TO: CITY STAFF & BANK OFFICIALS FROM: KEN MERRILL , FINANCE DIRECTOR SUBJECT: SEPTEMBER WIRE TRANSFER The following funds need to be wired - interest payments September 1, 2003 Chase NYC ABA # 021 -000 -021 to credit the account of Cede & Co. Go THE DEPOSITORY TRUST COMPANY for Dividend Deposit Account # 066- 026776 OBI FIELD - PA 50317950 1993 G O Water Revenue Bonds 7,372.50 1992 G O Refunding Recreation Bonds aimed 7,372.50 The following funds need to be wired - PRINCIPAL payments Chase NYC ABA # 021 -000 -021 to credit the account of Cede & Co. Go THE DEPOSITORY TRUST COMPANY for Redemption Deposit Account # 066- 027 -306 OBI FIELD - PA 50317950 1993 G O Water Revenue Bonds 40,000.00 40,000.00 (FAX of bond document must be made at same time for principal payment) P 0 L-1 E R55APPYRV ICITY OF HUTCHINSON By Check Number I AP Payment Register with Voids Check Dat 8/2612003 - Ck Date Type Check # lVendor jNam e Amount 8/26/2003 PK 118308 " 11083711 ST CHOICE TOURS 750.00 8/26/2003 PK 118309 101 915 A.H. HERMEL COMPANY 330.55 8/26/2003 PK 118310 102126 AGE HARDWARE 369.59 8/26/2003 PK 118311 104570 AGGREGATES EQUIP 299.23 8/26/2003 PK 118312 118799 ALLEN, ELIZABETH 39.00 8/26/2003 PK 118313 118811 ALUM -A -LIFT INC 102.53 8/26/2003 PK 118314 101943 ANALYTICAL PRODUCTS GROUP 264.00 8/26/2003 PK 118315 105204 ARCTIC GLACIER PREMIUM ICE 748.80 8/26/2003 PK 118316 111041 ARROW TERMINAL LLC 77.70 8/26/2003 PK 118317 1028931 ASSOCIATION OF TRAINING OFFICE 100.00 8/26/2003 PK 118318 102303 AUGUSTA BUILDING CORP 20,375.92 8/26/2003 PK 118319 102039 BENNETT OFFICE TECHNOLOGIES 15.98 8/26/2003 PK 118320 118505 BENNIN, BRADLEY 20.00 8/26/2003 PK 118321 102255 BERKLEY RISK SERVICES 800.00 8/26/2003 PK 118322 101916 BERNICK COMPANIES, THE 1,624.25 8/26/2003 PK 118323 109291 BLAKE, TONY 108.00 8/26/2003 PK 118324 104645 BRIGADE QUARTERMASTERS 488.48 8/26/2003 PK 118325 102456 C & L DISTRIBUTING 37,003.65 8/26/2003 PK 118326 118812 CAFFERTY, JANET 200.00 8/26/2003 PK 118327 103014 CDI OFFICE PRODUCTS LTD 171.42 8/26/2003 PK 118328 104391 CENTRAL HYDRAULICS 221.16 8/26/2003 PK 1 118329 102253 CENTRAL MCGOWAN 239.81 8/26/2003 PK 118330 101927 CHRISTENSEN REPAIR 32.00 8/26/2003 PK 118331 102741 COBORN'S INCORPORATED 24.25 8/26/2003 PK 1 118332 1178791 CORNWELL TOOLS 11.66 8/26/2003 PK 118333 1024841 CORPORATE EXPRESS 338.24 8/26/2003 PK 118334 102289 CROW RIVER GLASS 377.76 8/26/2003 PK 118335 103815 CRYSTEEL TRUCK EQUIP 96212 8/26/2003 PK 118336 104884 CULLIGAN 26.50 8/2612003 PK 118337 103139 D2 SERVICES 931.36 8/26/2003 PK 118338 102488 DAY DISTRIBUTING 4,662.30 8/26/2003 PK 118339 104084 DONOHUE & ASSOC 1,487.61 8/26/2003 PK 118340 118774 DOUGLAS COUNTY COURT ADMIN 150.00 8/26/2003 PK 118341 102275 DPC INDUSTRIES INC 499.69 8/26/2003 118342 102236 DUININGK BROS INC. 30.00 8/26/2003 118343 102236 DUININGK BROS INC. 0.50 8/26/2003 NP 118344 102324 EARL F. ANDERSEN, INC 290.75 8/26/2003 118345 102726 ECOLAB PEST ELIM 43.67 8/26/2003 118346 102356 ELECTRO WATCHMAN 287.00 8/26/2003 PK 118347 105529 ENDRES, JIM 350.00 8/26/2003 PK 118348 117233 ENVIRONMENTAL TOXICITY CONTROL 1,150.00 8/26/2003 PK 118349 102400 ERECT -A -TUBE 157.05 8/26/2003 PK 118350 110034 EXTREME BEVERAGE 64.00 8/26/2003 PK 118351 102223 FARM -RITE EQUIPMENT 967.57 8/26/2003 PK 118352 118458 FARNAM, KELLI 69.00 8/26/2003 PK 118353 102094 FISHER SCIENTIFIC 145.10 8/26/2003 PK 118354 118794 GEWERTH, NANCY 200.00 8/25/2003 PK 1183551 1 118485 GME CONSULTANTS, INC 1,790.00 0 rl r-1 L.-J 8/26/2003 PK 118356 102999 GODFATHER'S PIZZA 46.83 8/2612003 PK 118357 109369 GOLDEN WEST INDUSTRIAL SUPPLY 156.22 8/26/2003 PK 118358 102525 GOPHER STATE ONE -CALL INC 280.55 8/26/2003 R 118359 102524 GOVERNMENT TRAINING SERVICE 120.00 8/26/2003 PK 118360 101874 GRIGGS & COOPER & CO 5,831.75 8/26/2003 PK 118361 118798 HALL, SANDRA 139.00 6/26/2003 PK 118362 102451 HANSEN DIST OF SLEEPY EYE 3,615.05 8/26/2003 PK 118363 118818 HARRELL'S 221.00 8/26/2003 PK 118364 105493 HEARTLAND TIRE & SERVICE 116.92 8/26/2003 PK 118365 103059 HEMMAH, LLOYD 36.00 6/26/2003 PK 118366 105226 HENNEPIN COUNTY COURT ADMIN 100.00 8/26/2003 PK 118367 102701 HENRY & ASSOCIATES 178.44 8/26/2003 PK 118368 102531 HENRYS FOODS INC 1,092.27 8/26/2003 PK 118369 118796 HILLER CARPET 47,230.30 8/26/2003 PK 118370 102518 HILLYARD FLOOR CARE / HUTCHINSON 253.66 8/26/2003 PK 118371 109744 HOERNEMANN, WARREN 94.00 8/26/2003 PK 118372 102119 HOLT MOTORS INC 274.82 8/26/2003 PK 118373 118809 HOPP, DICK 30.50 8/26/2003 PK 118374 102961 HRA 550.00 8/26/2003 PK 118375 102534 HUTCH AUTO BODY 275.00 8/26/2003 PK 118376 102544 HUTCH CAFE 17.25 8/26/2003 PK 118377 102319 HUTCHINSON AREA HEALTH CARE 749.15 8/26/2003 PK 1183781 1083891 HUTCHINSON AUTO CENTER 213.43 8/26/2003 PK 118379 102530 HUTCHINSON CO -OP 1,680.43 8/26/2003 PK 118380 102545 HUTCHINSON FIRE & SAFETY 17.40 8/26/2003 PK 118381 102541 HUTCHINSON TELEPHONE CO 1,098.43 8/26/2003 PK 118382 102543 HUTCHINSON WHOLESALE 70.44 8/26/2003 PK 118383 101869 HUTCHINSON, CITY OF 283.00 8/26/2003 PK 118384 101869 HUTCHINSON, CITY OF 658.00 8/26/2003 PK 1 118385 102072 HUTCHINSON, CITY OF 26,401.00 8/26/2003 PK 118386 1 1030991 HUTCHINSON, CITY OF 1,858.72 8/26/2003 PK 118387 111836 JACOBSEN, SEPTEMBER 10.00 8/26/2003 PK 118388 102208 JEFF'S ELECTRIC 4,516.94 8/26/2003 PK 118389 118807 JERRICK CONSTRUCTION 30.50 8/26/2003 PK 118390 101938 JOHNSON BROTHERS LIQUOR CO. 5,817.48 8/26/2003 PK 118391 102346 JOHNSON, LEONARD G. 812.76 8/26/2003 PK 118392 102555 JUUL CONTRACTING CO 30.00 8/2612003 PK 118393 102555 JUUL CONTRACTING CO 0.50 8/26/2003 PK 118394 1 102561 IL & P SUPPLY CO 481.43 8/26/2003 PK 118395 113892 LANDSCAPE CONCEPTS, INC 30.50 8/26/2003 PK 118396 104259 LANG'S OLD FASHIONED MEAT MARK 219.38 8/26/2003 PK 118397 102125 LARAWAY ROOFING INC 585.00 8/26/2003 PK 118398 118813 LEHMKUHL, TERI 35.00 8/26/2003 PK 118399 101974 LENNEMAN BEVERAGE DIST. INC 3,885.50 8/26/2003 PK 118400 101984 LOCHER BROTHERS ING 15,946.10 8/26/2003 PK 118401 102987 MAKI, CONNIE 12.97 6/26/2003 PK 1 118402 102093 MANKATO MACK SALES 258.49 8/26/2003 PK 118403 102572 MANKATO MOBILE RADIO 6,795.84 8/26/2003 PK 118404 118802 MAQUIRE, LARRY 30.50 8/26/2003 PK 118405 105140 MARSHALL CONCRETE PRODUCTS 392.88 8/26/2003 PK 118406 118810 MARTINSON, MATTHEW & LISA 9,731.18 8/26/2003 PK 118407 118805 MASTERBUILT CONSTRUCTION 30.50 -J r 1 L J • 8/26/2003 = 118408 118806 MATHEWS, KEN 30.50 8/26/2003 PK 118409 102573 MCLEOD COOP POWER 9.59 8/26/2003 PK 118410 102489 MCLEOD COUNTY COURT ADMINISTRA 385.00 8/26/2003 PK 118411 118072 MCLEOD COUNTY TREASURER 219.50 8/26/2003 PK 118412 105093 MEEKER COUNTY COURT ADMINISTRA 300.00 8/26/2003 PK 118413 112400 MENARDS - HUTCHINSON 1,170.38 8/26/2003 PK 118414 101889 MID - MINNESOTA HOTMIX INC 68.67 8/26/2003 PK 118415 102425 MIDWEST WIRELESS COMM. 1,308.27 8/26/20031 PK 1 118416 105274 MINNBLUE DIGITAL IMAGING 61.01 8/26/2003 PK 118417 114439 MINNESOTA COUNTY ATTORNEY ASSN 50.00 8/26/2003 PK 118418 101947 MINNESOTA DEPT OF LABOR & INDU 50.00 8/2612003 PK 118419 102653 MINNESOTA DEPT OF MOTOR VEHICL 33.00 8/26/2003 PK 118420 115585 MINNESOTA JAYCEES 92.50 8/26/2003 PK 118421 113190 MINNESOTA PLANNING OFFICE OF B 129.30 8/26/2003 PK 118422 114598 MINNESOTA SECRETARY OF STATE 35.00 8/26/2003 PK 118423 105157 MINNESOTA SHREDDING 109.90 8/26/20031 PK 1 118424 102583 MINNESOTA VALLEY TESTING LAB 770.50 8/26/20031 PK 1 118425 102853 MITCHELL, WILLIAM 18.00 8/26/2003 PK 118426 116399 NATIONAL WATERWORKS 411.62 8/26/2003 PK 118427 118814 NIELSON, CHARLES 61.00 8/26/2003 PK 118428 102591 NORTHERN STATES SUPPLY INC 156.79 8/26/2003 PK 118429 118808 O & S CONSTRUCTION 30.60 8/26/2003 PK 118430 102490 OFFICEMAX CREDIT PLAN 1,259.05 8/26/2003 PK 118431 118800 OLSON, CHRISTINE 14.00 8/26/2003 PK 118432 104785 PACK, BYRON 36.00 8/26/2003 PK 1 118433 104405 PAULSEN, CLIFF 60.00 8/26/2003 PK 118434 101853 PHILLIPS WINE & SPIRITS 6,920.59 8/26/2003 PK 118435 102656 PIONEER 1,078.32 8/26/2003 PK 118436 102167 PITNEY BOWES 1,458.00 8/26/2003 PK 118437 105428 PIZZA HUT /SKY VENTURES LLG 42.23 8/26/2003 PK 118438 1025931 PLOTZ, GARY D. 44.01 8/26/2003 PK 118439 1024451 POSTMASTER 540.00 8/26/2003 PK 118440 1021571 PRINCE OF PEACE SENIOR APT. IN 9,487.45 8/26/2003 PK 118441 102043 PRO AUTO CLEAN 75.00 8/2612003 PK 118442 103221 PROGRESSIVE BUSINESS PUBLICATI 230.00 8/26/2003 PK 118443 102598 OUADE ELECTRIC 299.13 8/26/2003 PK 118444 102052 QUALITY WINE & SPIRITS CO. 5,636.08 8/26/2003 PK 118445 102644 QUAM CONSTRUCTION 30.50 8/26/2003 PK 118446 118686 QUASI, GEORGE & UNITED BLDG CT 2,855.55 8/26/2003 PK 118447 108653 R.J. MCGRAW PA TRUST ACCT 205,000.00 8/26/2003 PK 118448 102205 R.J.L. TRANSFER 905.47 8/26/2003 PK 118449 102432 REED BUSINESS INFORMATION 442.26 8/2612003 PK 118450 102478 REINER CONTRACTING 30.00 8/26/2003 PK 118451 102478 REINER CONTRACTING 0.50 8/26/2003 PK 118452 102395 REINER IRRIGATION & SEPTIC 68.53 8/26/2003 PK 118453 103830 RELIABLE 162.93 8/26/2003 PK 118454 118801 RETTMAN, ED 30.50 8/26/2003 PK 118455 118804 RICKERT EXCAVATING 30.50 8/26/2003 PK 118456 103049 ROTO ROOTER 120.00 8/26/2003 PK 118457 102225 RUNNING'S SUPPLY 225.13 8/26/2003 PK 118458 118815 RYAN PROPERTIES 2,066.54 8/26/2003 PK 1 118459 102436 SARA LEE COFFEE & TEA 38.15 11 11 0 8/26/2003 PK 118460 118797 SCHLUETER, CORRINNE 64.00 8/26/2003 PK 118461 102606 SCHMELING OIL CO 42.78 8/26/2003 PK 118462 103067 SCHRADER, JEFF 742.00 8/26/2003 PK 118463 109801 SCOTT'S WINDOWS 42.60 8/26/2003 PK 118464 118795 SEPULVADO, SHEILA 30.00 812612003 PK 118465 102609 SHOPKO 60.28 8/26/2003 PK 118466 118792 SMIEJA, DANA 200.00 8/26/2003 PK 118467 102611 SORENSEN'S SALES & RENTALS 167.14 8/26/2003 PK 118468 105064 SPRUCE RIDGE LANDFILL 12,317.58 8/26/2003 PK 118469 102612 STANDARD PRINTING 165.07 8/26/2003 PK 118470 104294 STARKE, EMIL 200.00 8/26/2003 PK 118471 118793 STIFTER, LISA 200.00 8/26/2003 PK 118472 118816 SUPER VALUE 7,140.06 8/26/2003 PK 118473 118817 TARGET EXPFNSE T -1210 1,002.00 8/26/2003 PK 118474 102620 TRI CO WATER 111,41 8/26/2003 PK 118475 102454 TRI- COUNTY BEVERAGE & SUPPLY 285.02 8/26/2003 PK 118476 109290 TURJA, JASEN 108.00 8/26/2003 PK 118477 102619 TWO WAY COMM INC 26.57 8126/2003 PK 118478 102201 UHL CO. 2,764.98 8/26/2003 PK 118479 103210 USA BLUE BOOK 895.46 8/26/2003 PK 118480 102419 VALLEY SALES OF HUTCHINSON 28.82 8/26/2003 PK 118481 102132 VIKING COCA COLA 460.06 8/26/2003 PK 118482 101857 VIKING OFFICE PRODUCTS 38.10 8/26/2003 PK 118483 102630 VIKING SIGNS 213.00 8/26/2003 PK 118484 104709 VIVID IMAGE 37.50 8/26/2003 PK 118485 102642 W. D. COOLING CLINIC 644.21 8/26/2003 PK 118486 105122 WASTE MANAGEMENT 126.46 8/26/2003 PK 118487 102165 WELCOME NEIGHBOR 60.00 8/2612003 PK 118488 103870 WEST GROUP 128.00 8/26/2003 PK 118489 110738 WESTMOR INDUSTRIES, LLC 50.00 8/26/2003 PK 118490 118803 WHITE CONSTRUCTION 30.50 8/26/2003 PK 1184911 102640 WM MUELLER & SONS 30.00 8/26/2003 PK 118492 102640 WM MUELLER & SONS 0.50 8/26/2003 PK 118493 102076 X -ERGON 725.41 8/26/2003 PK 118494 103980 ZARNOTH BRUSH WORKS 211.72 496,978.89 Account Ni # 496,978.89 L.J �J L I