Loading...
cp06-10-2003 cAGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE. 10, 2003 1. CALL TO ORDER — 5.30 P.M. 2. INVOCATION -- Rev. Howard Anderson, Hunter's Ridge Community Church 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF MAY 27, 2003 (b) BID OPENING FROM MAY 23, 2003 (c) SPECIAL MEETING FROM MAY 29, 2003 Action - Motion to approve as presented 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCIINSON FIRE DEPARTMENT MONTHLY REPORT FOR MAY 2003 2. BUILDING DEPARTMENT MONTHLY REPORT FOR MAY 2003 3, HUTCHINSON AREA HEALTH CARE FINANCIAL REPORTS FOR FEBRUARY, MARCH AND APRIL, 2003 4. HUTCHINSON UTILTIES COMMISSION FINANCIAL REPORTS FOR FEBRUARY, MARCH AND APRIL 2003 (b) RESOLUTTONS AND ORDINANCES 1. ORDINANCE NO. 03-339 —AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUTCHINSON FOR A PROPERTY TO BE REZONED FROM RI AND C2 TO R2 LOCATED AT OUTLOT A, RAVENWOOD (SECOND READING AND ADOPTION) 2. RESOLUTION NO. 12195 — RESOLUTTON APPROVING WASTE WTSB INTERNSHIP POSITION AT CREEKSIDE COMPOST FACILTTY 3. RESOLUTTON NO. 12196 — RESOLUTION AUTHORIZING THE HUTCHINSON COMMUNITY DEVELOPMENT COMMISSION TO WANE DEVELOPER'S FEE. (c) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 1 FOR LETTING NO. 2, PROJECT NO. 02 -03 (d) CONSIDERATTON FOR APPROVAL OF EMPLOYMENT AGREEMENT DOCUMENT FOR EDA INTERIM DIRECTOR POSITION (e) CONSIDERATION FOR APPROVAL OF AMENDING RESOLUTIONNO. 11527, SUPPORTING THE BRA TO BECOME AN ORGINATING LENDER FOR THE FIX -UP FUND LOAN PROGRAM, AND REQUEST FOR APPROVAL OF REVISED HOUSING REHABILITATION ., REVOLVING LOAN FUND GUIDELINES AND REQUEST FOR APPROVAL OF AMENDING CITY COUNCIL AGENDA — JUNE 10, 2003 RESOLUTION 10581 RELATED TO THE AUTHORIZATION TO ADMINISTER CITY HOUSING FUNDS (1) CONSIDERATION FOR APPROVAL OF CITY PARTICIPATION IN THE ROLLING MEADOWS EAST DEVELOPMENT Action — Motion to approve consent agenda 6. PUBLIC HEARINGS - 6:00 P.M. (a) UPDATING BUSINESS SUBSIDIES CRITERIA POLICY Action — Motion to reject — Motion to approve 7. COMMUNICATIONS. REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES Action — Motion to reject — Motion to approve (b) CHA UNITED WER S A I WAY R APPROVAL OF TEMPORARY SIGN REQUEST BY HUTCHINSON Action — Motion to reject — Motion to approve (c) CONSIDERATION FOR APPROVAL OF ARCHITECT SERVICES CONTRACT FOR LIQUOR STORE Action — Motion to reject — Motion to approve 9. NEW BUSINESS (a) UPDATE ON CONCEAL AND CARRY LAW Action - (b) UPDATE ON CITY OF HUTCHINSON 2003 BUDGET Action — (c) CONSIDERATION FOR APPROVAL OF SETTING 2002 AUDIT REVIEW INFORMATIONAL MEETING Action — Motion to reject — Motion to approve 10. MISCELLANEOUS (a) COMMUNICATIONS 1. DISCUSSION ON EXTENSION OF BAR/RESTAURANT CLOSING HOURS 11. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS 2 CITY COUNCII, AGENDA — JUNE 10, 2003 (a) VERIFIED CLAIMS A Action — Motion to approve and authorize payment of Verified Claims A from appropriate funds (b) VERIFIED CLAIM B Action — Motion to approve and authorize payment of Verified Claims A from appropriate funds 12. ADJOURN r� MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 27, 2003 1. CALL TO ORDER — 5:30 P.M. Mayor Marlin Torgerson called the meeting to order. Members present were Jim Haugen (arrived later), Kay Peterson, Bill Arndt and Duane Hoversten. Others present were Ken Merrill, Finance Director and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION — Rev. Brian Brosz, Congregational -UC.C, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF MAY 13, 2003 Minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. CITY OF HUTCHINSON FINANCIAL REPORT FOR APRIL 2003 2. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM APRIL 15, 2003 . 3. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY MEETING MINUTES FROM APRIL 15, 2003, AND MAY 1, 2003 4, HUTCHINSON PLANNING COMMISSION MINUTES FROM APRIL 15, 2003 (b) RESOLUTIONS AND ORDINANCES L ORDINANCE NO. 03 -343 — AN ORDINANCE GRANTING SONORA'S MEXICAN RESTAURANT TIIE WT TO PROVIDE A SIDEWALK CAFE, LOCATED IN THE PUBLIC R1GII1' OF WAY ON 2 AVENUE (,SF,COND READING AND ADOPTION) 2, RESOLUTION NO. 12177 — A RESOLUTION AUTHORIZING CHARGING FOR MISCELLANEOUS SERVICES AT HUTCHINSON POLICE SERVICES (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF PRELIMINARY PLAT TO BE KNOWN AS RAVENWOOD WEST AND REZONING THE AREA TO R2 SUBMITTED BY ROGER DERRICK (ADOPT RESOLUTION NO. 12184 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 03 -339 FORTUNE 10, 2003) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY B &B PROPERTIES FOR OUTDOOR DISPLAY AT L &P SUPPLY LOCATED AT 1470 SOUTH GRADE. ROAD (ADOPT RESOLUTION NO. 12185) 3. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF HUTCHINSON PARKS DEPARTMENT FOR SHORELAND ALTERAI'ION OF TIME SOUTH FORK OF THE CROW RIVER (ADOPT RESOLUTION NO. 12186) try (0) CITY COUNCIL MINUTES — MAY 27, 2003 4. CONSIDERATION OF FINAL PLAT TO BE KNOWN AS WENDY'S ADDITION (ADOPT RESOLUTION NO. 1 2187) (d) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR HUTCHINSON AREA FOUNDATION FOR HEALTH CARE ON AUGUST 11, 2003, AT THE CROW RIVER GOLF CLUB (c) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR HUTCIIINSON FIRE DEPARTMENT ON SEPTEMBER 13, 2003, AT THE HUTCHINSON FIRF STATION (f) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR HEART OF MINNESOTA ANIMAL SHELTER ON AUGUST 19, 2003, AT THE ANIMAL SHELTER BUILDING (g) CONSIDERATION FOR APPROVAL OF TEMPORARY WAGE ADJUSTMENT OF ACTING POLICE CHIEF (b) CONSIDERATION FOR APPROVAL OF RAVFNWOOD WEST SUBDIVISION AGREEMENT (i) CONSIDERATION FOR APPROVAL OF WENDY'S DEVELOPMENT AGREEMENT Q) CONSIDERATION OF LETTING NO. 9, PROJECT NO- 03-17, ASSESSMENT ROLLNO. 5063 _. STEARNS WOODS DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT WAIVING HEARING ON PROPOSED ASSESSMENT ADOPTING ASSESSMENT ACCEPTING BID AND AWARDING CONTRACT Items 5(h) and 5(i) were pulled for further discussion. Motion by Arndt, second by Peterson, to approve consent agenda with the exception of Items 5(h) and 5(i). Motion carried unanimously. John Rodeberg explained that these agreements are drafts that have not been reviewed by the other parties. Mr. Rodeberg requested that the Council approve these draliled agreements and if any substantive changes would need to be made, Mr. Rodeberg would bring the revised agreements back to the Council for approval. Motion by Peterson, second by Hoversten to approve drafts of subdivision agreements with the condition that if any substantive changes are made, they be brought back to the Council. Motion carried unanimously. 6. PUBLIC IIEARINGS - 6:00 P.M. (a) ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSE FOR VICTORIAN INN MANAGEMENT COMPANY Motion by Hoversten, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Hoversten, second by Arndt, to approve on -sale intoxicating and Sunday liquor license for . Victorian Inn Management Company. Motion carried unanimously. (b) LETTING NO. 5, PROJECT NOS. 03 -12, 03 -19 — EDMONTON AVENUE SE AND TII 7 LA La) CITY COUNCIL MINUTES — MAY 27, 2003 FRONTAGE ROAD (ORDERING IMPROVEMENT AND PREPARATION OF PLANS) John Rodeberg explained that this project cannot roceed unless the State approves bonding. The proposal for Edmonton Avenue is to extend it to Jefferson Street. Mr. Rodeberg explained the project scope which is complete construction of street, sanitary sewer, watermain, trunk and lateral storm sewer and trail. The cost of this project is approximately $1.5 million. Mr. Rodeberg explained how the costs are divided between City and property owners. The trunk sewer and sanitary sewer lines were explained in more detail. John Rodeberg explained the second project which is on T147 service road where Wendy's is developing. John Rodeberg explained that the service road entrance will be moved to the south approximately 130 feet directly across from the south Super America entrance. In addition, a trail will be developed at a 20 to 1 slope ibr handicap accessihility. Wcndy's has dedicated thousands ofdollars wort h of land for the right -of- -way as well as offered to assist with the development of the trail. Mr. Rodeberg covered the costs of the project. Mr. Rodeberg noted tliat traffic signals for left hand lum lanes on School Road have been ordered. Motion by Peterson, second by Hoversten, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Peterson, to approve ordering improvement and preparation of plans on Letting No. 5, Project Nos. 03 -12 and 03 -19. Motion carried unanimously. 7. COMMUNICATIONS, REOUF,STS AND PETITIONS (a) MOSQUITO CONTROL REPORT John Rodeberg explained that approximately 10 years ago the City ofHutchinson stopped spraying to rid of mosquitoes. The main reasons were the cost and low effectiveness. The Council recently requested that stafftake a look again at the prospect of spraying for mosquitoes. Staff has researched the effect and cost of taking this on. Spraying or briquets would cost approximately $100,000 and the effect is not 100 %. Another option researched was spraying for large events only. The cost of this would be approximately $1000 per event, again with not 100% effect. Dolf Moon, Parks /Recreation/Community Education Director, also explained that the timeframe is not advantageous now for spraying, as it should be done before mosquito season, such as mid -April. Mr. Moon stated that staff needs direction as to if this should be budgeted for 2004 and which department should manage it, as staff has been reduced and there may not be enough manpower. Marlin Torgerson stated that the public can aid in reducing the risk of the West Nile Virus spread by mosquitos by keeping standing water to a minimum. Mayor Torgerson noted that spraying is not the most effective method, if there is one at all. Mayor Torgerson slated that each homeowner can spray their own yard as the most effective method. it was suggested that citizens check with county agents as far as what chemicals are the most safe and effective. Duane Hoversten suggested staff check with other communities to see what they are doing this summer and fall and report back to the Council in November with the results. (b) UPDATE ON CONSTRUCTION OF NATURAL GAS PIPELINE John Webster, Hutchinson Utilities Commission, presented before the Council. Mr. Webster explained that all of the pipe has been delivered or is on its way. Mr. Webster went on to explain that the Contractor is ready to go in Trimont, the start of the line. Mr. Webster also explained that two contracts are being developed ashpart of the project. Condemnation proceedings are in progress with the first hearing set for .tune 4` and the second being June 12th. A start date of construction is anticipated for June 24, 2003. Although the start is behind schedule, staff is confident that the project . will be complete by the end of the year. Mr. Webster explained that if the pipeline is not complete by November 1, 2003, IIUC can buy power from several markets on a month by month basis. 3 LJ tai CITY COUNCIL MINUTES — MAY 27, 2003 • 8. UNFINISHED BUSINESS (a) CONSIDERATION OF PETITION TO BEGIN ANNEXATION OF PROPERTY BY RESOLUTION LOCATED IN LYNN TOWNSHIP WITH UNFAVORABLE STAFF RECOMMENDATION AND FAVORABLE PLANNING COMMISSION RECOMMENDATION - ADOPT RESOLUTION NO. 12162 (CONSIDERATION FOR APPROVAL OF PLATH ANNEXATION DEVELOPMENT AGREEMENT) John Rodeberg explained that the developer has explained that his plans are not out of line with the City's. Mr. Rodeberg detailed the agreement that has been drafted, which outlines the City's expectations of'adding services to this area. Conditions are addressed in this agreement as to how the City intends for this area to be developed. Mr. Rodeberg explained where the trunk line would run. Motion by Hoversten, second by Arndt, with Peterson abstaining, to approve annexation of Lynn Township property and Plath annexation development agreement, with minor clerical changes made. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF TEMPORARY SIGN REQUEST BY HUTCHINSON AREA UNITED WAY Connie Walters, United Way, presented before the Council. Ms. Walters explained that a Boy Scout has offered to take charge of a thermometer project to indicate how much money the United Way has brought in during their fund drive. The United Way is requesting that the thermometer sign be placed in Library Square, or any other park, during their fund drive, from September 10 through October 31, . 2003. Mayor Torgerson suggested that the City Attorney shed his opinion on how this request violates the current sign ordinance and how it may effect setting a precedence to other organizations. Motion by Hoversten, second by Arndt, to defer this item to June 10, 2003, after staff has researched this item further. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF OAKLAND CEMETERY FEE SCHEDULE John Rodeberg explained that due to budget cuts, a part -time cemetery worker has been cut. The local funeral home has requested that the same service level attempt to be maintained in spite ofthat. For these reasons, staff is recommending that the fee schedule be increased. Staff has researched other cemetery rates and Oakland's were actually on the lower side of the scale. Motion by Peterson, second by Haugen, to approve Oakland Cemetery fee schedule. Bill Arndt questioned the process if a resident is unable to pay these rates. John Rodeberg explained that there is a separate policy that covers that. The allocation of these fees was discussed. Motion carried unanimously. (c) UPDATE ON LIQUOR STORE PROJECT AND CONSIDERATION FOR APPROVAL OF ARCHITECT SERVICES CONTRACT Miles Seppelt presented before the Council. Mr. Seppelt explained that the Liquor Store Project Steering Team has been meeting weekly for the past six weeks. This Team has selected an architect that has a tremendous amount of experience in designing liquor stores. Mr. Seppelt explained that the agreement was just received today and has not been reviewed by the City Attorney. He is requesting that the agreement be approved on the condition of staff approval. All other aspects ofthe proj ect are on schedule. The outside of the structure will blend in with the other buildings along Main Street. Kay qL(A-) CITY COUNCIL MINUTES — MAY 27, 2003 . Peterson stressed how important the outside appearance is to the neighboring area. Motion by Haugen, second by Peterson, to defer this item to June 10, 2003, until the City Attorney has had an opportunity to review the contract. Jim Haugen suggested viewing schematics prior to the agreement being approved. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF CALLING FOR PUBLIC HEARING TO ESTABLISII A REDEVELOPMENT TIF DISTRICT Miles Seppelt explained that this area is for establishing a redevelopment TIF district for the State Theatre. More details will be presented at the public hearing. Motion by lloversten, second by Arndt, to set public hearing for July 8, 2003, at 6:00 p.rn. to establish a redevelopment TTF district. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES John Rodeberg explained that there are a number of traffic control devices being proposed. The majority of these are being recommended due to sight distances and safety issues. Mr. Rodeberg is rKc estmg that this item be deferred to .Tune 10, 2003, to allow him time to send out notices to residents. Motion by Peterson, second by Haugen, to defer this item to June 10, 2003. Motion carried unanimously. (f) DISCUSSION OF PROJECT STATUS ON JEFFERSON STREET SE AND DALE STREET /2No . AVENUE SW John Rodeberg explained that citizens have raised issues that the 2 "` Avenue project has started before the Jefferson Street project, which was initially started last fall. Mr. Rodeberg iterated that the Jefferson Street project is headed by the County and not the City. Contractors have showed a schedule that they plan on being complete by the end of July. If they do not complete the project as scheduled, staff will encourage the County to fine them appropriately. Mr. Rodeberg went on to explain that 2 "1 Avenue from Dale Street to Lyme Road has began construction and the entire project is scheduled for completion by September 1. Temporary water is being installed in this area this week. Hydrants are still accessible on the corners. (g) CONSIDERATION FOR APPROVAL OF ELECTRICAL AND MAINTENANCE COSTS FOR STREET LIGHTS & TRAFFIC LIGHT WITH HUTCHINSON UTILITIES Jolm Rodeberg explained that HUC has been doing maintenance work on street lights and traffic ligbls, billing the City and the City bills them back. Mr. Rodeberg explained that the costs have been increasing and due to the bureaucracy of the process, residents could be paying an increased rate. Staff is suggesting that this process be consolidated by having HUC maintain and pay for the light system. The residents will not then see any rate increase. Motion by Peterson, second by Arndt, to approve Hutchinson Utilities Commission maintaining the electrical and maintenance costs for streetlights and traffic lights. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS Purchase of Furniture for Mental Health Outpatient Area of Hutchinson Hospital Hutchinson Area Health Care submitted a request to purchase furniture for the mental health uk�CL) CITY COUNCIL MINUTES — MAY 27, 2003 outpatient area of the hospital. The total purchase is $$7,500. Motion by Haugen, second by Peterson, to approve Hutchinson Area Health Care purchasing furniture for the mental health outpatient area. Motion carried unanimously. Duane Hoversten —Mr. Hoversten requested that the City Attorney review the new conceal and carry law with the Council and how it effects Hutchinson. Ken Merrill — Mr. Merrill reminded the Council of the Special Council mecting set for May 29, 2003, at 5:00 p.m. for the purpose of the sale of go bonds. Mr. Merrill also requested that the Council set a Council informational meeting for June 10, 2003, to discuss the budget issues in relation to the State's final plan. Motion by Haugen, second by Hoversten, to set a Council informational meeting for June 10, 2003, at 4:00 p.m. to discuss the budget plan. Motion carried unanimously. 11. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERTFTED CLAIMS A Motion by Peterson, second by Hovcrsten, to approve and authorize payment of Verified Claims A from appropriate funds. Motion carried unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at 6:55 p.m. 0 L-\L6J MINUTES BID OPENING LETTING NO.9 /PROdE,CT NO. 03 -17 MAY 23, 2003 Present: John Rodeberg, Director of Engineering/Public Works and Patrice Vander Veen, Recorder John Rodeberg, Director of Engineering/Public Works called the bid opening to order at 10:02 a.m. Mr. Rodcbcrg dispensed with the reading of Publication No, 7037, Advertisement for Bids, Letting No, 9, Project No. 03 -17. Mr. Rodeberg noted that the City Council reserves the right to reject all bids and to waive any informalities and irregularities as signed by Gary D. Plotz. The following bids were opened and read: Duininck Bros Inc Prinsburg, Minnesota Quam Construction Willmar, Minnesota R &R Excavating Hutchinson, Minnesota Wm Mueller & Sons Inc Hamburg, Minnesota Bid Amount $109,088.75 Bid Amount $179,604.70 Bid Amount $104,681.00 Bid Amount $103,911.20 The bids were referred to staff for review and a recommendation. The bid opening adjourned at 10:10 a.m. ATTEST: Gary D. Plotz, City Administrator E Marlin Torgerson, Mayor (-1 Lb) MINUTES HUTCHINSON CITY COUNCIL SPECIAL MEETING THURSDAY, MAY 29, Z003,5:00 P.M. 1. CALL TO ORDER — 5:00 P.M. Council em er Duane Hoversten called the meeting to order. Members present were Marlin Torgerson (arrived later), Jim Haugen and Bill Arndt. Other present was Ken Merrill, Finance Director. 2. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF AWARDING SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS FOR LOCAL IMPROVEMENT PROJECTS Jim Prosser, Ehlers and Associates, presented before the Council. Mr. Prosser informed the Council that two bids were received with the low bid coming from Morgan Stanley Dean Witter hic, out of Chicago, Illinois. The bid came in with an interest rate of 3.268 %, which is an all time low. The average sale has been at 4.3% interest rate. The raters were impressed with Hutchinson's local economy, applauding the diversification within the city. This low rate is saving the City $80,000 in interest alone. Motion by Arndt, second by Haugen to approve Resolution No. 12189, the sale of $1,330,000 general obligation bonds, series 20030. Motion carried unanimously. 3. ADJOURN 0 With no further business to discuss, the meeting adjourned at 5:20 p.m. L� cc) �1 r� To: Mayor and City Council Members From: Brad Emans, Fire Chief pate: 6/2/03 Re: Monthly Update on Activities of the Fire Department The fire department responded to 31 general alarms in the month of May. Example of a few of the calls: 1. We received a report of a deck on fire at an apartment building at 210 Echo Circle. A person was grilling on the deck, which is not allowed in apartments building anywhere in the state. Barbecue grills on decks have started several major apartment fires in our state over the past few years. 2. We responded to a kitchen fire at Valley Vista apartments, the unit suffered minor damage but the unit was missing two smoke detectors. The renter apparently had removed them. This is still a major problem in our rental housing market. 3. We responded to a residence by the high school where the owner of the property had transported an uncapped / unprotected 100 pound propane cylinder in the back of his truck. The propane was heated from the sun and vented off liquid propane. 4. We responded to the Heritage Center on School Road where workers had disposed of linseed oil soaked rages into a barrel. The rags heated up and started on fire, lucky for them the building had a smoke detector system that was connected to a monitoring company. Damage was limited to a moderate amount of smoke in the rear of the building. 5. We responded to six motor vehicle accidents in May that required extrication or hazardous material clean up. One of the accidents was a fatal injury. 6. We responded to a structure fire at Hutch Iron and Metal where hydraulic oil soaked floor dry that had been placed in a 55 gallon drum spontaneously combusted, causing moderate fire damage to the building. This is the breakdown of the calls for the month: City: Residential 1 Commercial /Industrial 7 Multi - family 7 School 2 Hazardous Material 3 Rescue 2 . Rural: Rescue 4 Grass Type 2 Medical 3 �lcl-)� 0 Drills / Meetings I Other Information • SCBA Monthly maintenance • Participated in the before prom mock crash. This was an excellent learning tool for the studentsl • Conducted an auto extrication / quick fire attack drill at the training site • Attended the McLeod County Chiefs quarterly meeting • Attended the 3M health fair to do fire prevention /public relations • Toured 3M to see the new system operations in place • Participated in both Memorial Day services in Hutchinson. Raising the flag with the platform truck at both tributes. • Conducted a fire safety class for the Montessori Pre- School • Worked with the Boy Scouts on the Emergency Preparedness badge • Conducted a child safety day in conjunction with a local chiropractor • Conducted two fire extinguisher use classes for the post office workers from Hutchinson • Conducted a home fire safety class for Heartland Action Agency • Page 2 Building Perin is by 7:),Iye Number of Inspections for the month = 241 Number of flumbing Pormils for the month - 20 For the inwith q May, 2003 N 4", t . ........ . ...... ...... ; 010 . . . ......... . . ...... . . ........... RESHINGLE . .... . . .. . .......... 21 $0.00 ;015 �RESIDENTIAL . .... .... ............ ... . .... ...... RESIDENTIAL RESIDE . ....... . . ........ . . . . ........... 7 $0�00 0 20 RESIDENTIAL WINDOW REPLACEMENT . . ... ..... .. . . . . ...... ..... 6 . .. . .... . ........... .... .. ... $0.00 .... . . .... . - 030 . . . ....... . .... . . FENCE ... . . ... ...... . . — . ... ...... ....... . 18 $0,00 035 m„ ........ ...... CEMENT FLATWORK 10 $0.00 040 . .. . .. ..... MANurACTURED HOME INSTALLATION ... ....... ... . .... .... .......... 1 So nn 65-5 $0.09 .... 06U, . .......... . .. ........ . ... . ...... ....... .. .... . . ............ DECK .... . . .... 1 $0.00 . ... .. . . .... 065 . ... . ....... I _­._.. . . .... . .... ... .... - . .. . ......... .......... HE ......... ..... . ... .... . . . . .... ... .. .. .............. 2, $om 075 . . ..... . ..... . ..... . . . . . .......... . . --- FINISH BASEMENT ---- 3 $a00 101 . . . ... . .. . ... .......... SINGLE-FAMILY DETACHED . .... ... . . ...... . ... 4 $531,026A7 328 . . . ....... .. . . . ......... OTHER NONRESIDENTIAL . . .. ....... ... Fr', $163,bub.u() . . 434 . ..... . . .... . ....... .... . ... . . . . . .......... ......... ... ... RESIDENTIAL HOME ADDITIONS .. . . . . . ........ . ........ ..... .. 15 $199,800.00 437 ...... . . .. .... ... .... ..... . . ..... ...... . . . ........ .. . NONRESIDENTIAL & NON HOUSEKEEPING ADDITION,-, 7 $9,130,100.0 438 ........ .. . . .. . ...... . RESIDENTIAL GARAGE ADDITIONS -3 $30,U04 00 7., t 121_ Number of Inspections for the month = 241 Number of flumbing Pormils for the month - 20 0 F U V Q r 0 N N N n M w N m 0 0 0 0 ASSETS C wrant Aseele 1 Cash and inmalments - Cperelbon 2 Caeh and lnvasurleels - Salbinsvmd 3 Sv69otel cook& Immealrmats 4 PatlmARGOW rardvabks 5 AOowanms for bad debts 6 Adwncas and contractual allovranoes 7 Not pstlonereeldent and Ihcd• party B payor racelvables 0 [271,436) 10 Odw receivables -net 11 Invenmdas 12 Prepaideaperrsae 13 Total Cunent Assets 14 Boad DealonaleWFunded ❑ 15 Investment In Jdnl Ventures 56 Land 17 Buildings 18 Aotumulaled depsual60n 19 BA*gs lase deprerialion 20 Equipment 21 Aoeumuleled depredation 22 EqulpnwI lass dspredaaan 23 Calhc nstrudion 6 eguipmenl 24 CDnsinrcllon in propmss 25 Total P1anl Assate DMw Aaea11 28 Deferred Bmrlcinp Coate 27 Total Fund$ FiNSTmilf Pain Laraon r, 11:18 AM FINAL WTCH0 % AREA HEALTH CARE Cempar�e Balance Shoal Zi J As d Api 30, 2003 {A) (B) (A]-M) APRIL MARCH APRIL Clrenga 2003 2003 2002 CYva W 510,42015 59,295p52 $7,447,739 3,387.070 850 286 790 511 507 986 342 312 ;14,210,103 16,089,293 57,550,515 3,726,456 16,749,619 ITAK037 16,961,349 [271,436) (013,011] ItISS5,414] (3,945,078) (588AS0] (4,921,147) 15.277.9431 15,432.912} 209,055 $7,312,954 37,692, 0 $7,903,359 (590,375} 257,311 2871953 162,808 94,503 870,710 579,792 962,714 7,006 218,299 211,196 198,398 86,603 SIO"6O 407 $19,027,908 $16,477,922 3,321,485 515,434,260 516,764,30.5 $6,688,928 8,747,352 3399575 $389,138 164.171 335404 51,016,768 $1,019,788 $1,019,788 0 28,079,441 28,079,611 25,994,824 55,057 (11,812,8941 ;11,721,58(& '10.743805] 25,0490891 Lm teen Debt flew wnM 5(4,268,947 514,953,197 513,251,019 [98 -0,032) masal[ksl 15,190,888 15,229,324 16,124965 1,073,778 111,893,230] (11,802,397) (10,877,4321 (1,015,798) 53,603,458 ;5,828,927 $3,445,476 51,980 0 0 0 a 1,176,435 147,394 370038 806397 $1906,666 519,847,305 $29,681,321 (119655' Fu_ar. $110.710 5191 155 5771218 33,444 556,717,0.78 356,130,522 $43,792,808 12,=030 Tole!Funds • $22.436,586 $22A35,986 $13.400,864 9,037872 325, 350 372 $25.263A14 $22,6511.291 2,600,081 555.892,542 555,130622 543.392,8_•6 12,799,934 Chanty* APM - MARCH APRIL lMB Rrx ANGnWn BALANCES 2003 2003 2002 CY va PY C1elard msYa0115 of Lang larm debt $11132A03 $1,139,179 3754,202 375,201 AcoclOds payable -bade 1$72907 11796,7(9 1,995,287 181,748 Eadmatad oontrxieti selflemerda-net 1,850,644 1,530,705 2,157,221 (486,571) Accrued axyemes- Selerl" 092,610 510,260 693,315 90,304 PTO 1,308,339 t,2KO61 1,230,252 76,077 Irdeiest 278,988 160,144 155,004 121,832 Self-Imumd m%rwm 617541 808,581 571,925 45,838 Olher 136,150 133,344 130,1157 5,898 Deferred Ilablli0as 117,627 173,851 136,787 41,040 Deferred mwanua 11,292 0 10,963 329 Total Curren: Llahilillea 57,903,814 $7,431,120 5"!,441,639 401,961 28,079,441 28,079,611 25,994,824 55,057 (11,812,8941 ;11,721,58(& '10.743805] 25,0490891 Lm teen Debt flew wnM 5(4,268,947 514,953,197 513,251,019 [98 -0,032) masal[ksl 15,190,888 15,229,324 16,124965 1,073,778 111,893,230] (11,802,397) (10,877,4321 (1,015,798) 53,603,458 ;5,828,927 $3,445,476 51,980 0 0 0 a 1,176,435 147,394 370038 806397 $1906,666 519,847,305 $29,681,321 (119655' Fu_ar. $110.710 5191 155 5771218 33,444 556,717,0.78 356,130,522 $43,792,808 12,=030 Tole!Funds • $22.436,586 $22A35,986 $13.400,864 9,037872 325, 350 372 $25.263A14 $22,6511.291 2,600,081 555.892,542 555,130622 543.392,8_•6 12,799,934 5 6 7 B 9 1❑ 11 12 l3 14 15 16 17 18 19 20 2$ 22 23 24 25 26 27 Revenue In patient revenue Out patient revenue Resident Revenue Total paid ntemsidenl revenue Discounts Ca emnnental & Polity Discourn Free Can: Total deduction from revenue Net patienlhesident reveme Other operating revenues Net operating revenue Expenses Salaries Empoyce Benefits Professional and Medical Fees Utilities. Mince Contracts & Repairs Food, Drugs & Supplies Olherexpense Mln esota Care Bad debt Interest Depredation Total expenses Excess of net operating revenue over (under) operating expenses Nonoperating Rawenues Imrestme.t income Other nwgo noting revenue (not) Plaza 151nrnnla f (!- S ) Total mncgeraling revenue Net I nmme HUTCHINSON AREA HEALTH CARE Statement of Revenues and Expenses Month and period Ended April 30, 2903 3.048,657 CURRENT MONTH (70,509) -23% ❑ Owen (Under) Budget (4167) Actual Budcet Dollars Percent 52365,746 $2,676,171 ($312,425) -11-7% 3,591,994 3,637,629 (45,635) -13% 529,702 497,823 31,879 6 -4% $6,487,442 56,813,823 ($326,181) 4 -0% 3.048,657 3,119,166 (70,509) -23% ❑ 4,167 (4167) 1009% $3,048,657 $3,123,333 (574678) -24% $3,438,785 $3,690,290 ($251,505) -0 -8% _ 48,940 41,538 5,402 139% $3,485,725 $3731825 ($246103) -86% $1,666,955 $1,631,957 $34.998 2.1% 344.840 423,677 (78,837) -$8.6% 452.603 483,249 (16,646) -2.3% 149,005 149,381 (376) -03% 429,104 448,150 (19,046} 4.2% 132,654 129,406 3,446 2.7% 36.124 37,302 (1,178) 3.2% 7,288 98,691 (91,403} -92.6% 40.218 42,468 (2,250) 5.3% 143,654 157,010 (13356) -85% $3,402,645 $3.581293 ($178648) 50% $83.080 $150535 (567455} -048% $29,127 522,500 (52,373) -10.5% 7,167 7,309 (142) -1.9% 916 8060 (7144) 566% $26,210 $37869 [59659} -255% 4111.zw $188,404 (577,114} -10.9% allbf2003 11.15 AM FINAL 28 Patient days 29 Resident days YEAR- TOLA.TE 900 YEAR- TO4)ATE .12.6% 3.315 3,561 Over (Under) Budget -6.9% 3,276 VARIANCE % Actual Budge[ Dollars Percent April 2902 2003 ws 2002 $9,820,314 $10,633,032 (5812718) -7.6% 59,070,241 8 -3% 13,335,962 14,761.661 (1,425.700) -9.7% 13,261,694 0 -6% 2,197,489 1,975,021 222,468 11.3% 1,978,632 11 -1% 525,353,765 $27,360,715 (52,015,950) -7.4% 524,310,564 43% 1$,610,846 12,555,W (944.994) -7.5% 10,899,151 6.5% 0 16,687 (16,667} - 100.0% 0 YDIV*1 $11,610,846 $12,572,507 IS 1.6611 - 107.5% $10.899,151 6 -5% $13,742,919 $14,797,208 ($1,054,289} -7.1% $13,411.413 2.5% 253,917 158,780 95,137 59.9% 73,631 244.9% $13,996,836 $14,955,986 ($959,152) 5.4% $13,485,044 3.8% S8,465,509 $6,498,047 1$32,538) -0.5% 56,040,133 7.0% 1,565,752 1,691,504 (125,752) -7.4% 1,530,290 2.3% 2,014,274 1,851,901 162,373 8.8% 1,389,796 449% 578,047 621,034 (42,987) E.9% 54(,730 6.7% 1,650,714 1,789,809 (139,095) -7.8% 1.644,068 0.4% 511,874 507,269 4,605 0.9% 433,651 18.0% 148,030 149,209 (1,179) -0.8% 139,252 6.3% 78,963 394,759 (315,796) -00.0% 186,718 58.2% 159,954 162,387 (2,433) -1.5% 156,966 0.6% 577,499 003,950 (26.451) 4.4% 802,965 4.2% $13,750,616 $14,269.869 (5519,253) 3.6% $12,609,607 8.5% $246,220 $686,119 [5439,899] 34.1% $815,437 -69.8% $74,581 590.000 (515,419) -17.1% $84,090 -113% 32,043 27,245 4,797 17.6% 6,370 403.0% 31,749 32,238 (489) -1.5% 66,632 524% $136,373 S149,484 1311,111] -74% $157,092 -11 $384,593 $835,603 [5451,010 -54.0% $972,529 -9% 50 -5% 28 Patient days 29 Resident days 787 900 (113) .12.6% 3.315 3,561 (246) -6.9% 3,276 1.1% 30 Percent occupancy - budget beds - Hospital 3,321 3,402 (81) -2.4% 13,235 13,490 (255) -1-9% 13,575 31 Percent ocwpancy- budget beds - Nursing Home 43.7% 90 50.0% -0.3% -12.6% 48.0% 49.5% 3.4% -0.9% 45.5% 1.1% 32 FTE's -0% 92.2% -2.2% -2.4% 89.7% 91.4% -1 -7% -1.9% 92.0% -25% 439.3 453.0 (14.5) 3.1% 436.9 453.8 (16.9) 3.7% 427.7 22% 33 Admissions (adjusted) - Hospital only 592 579 13 2.2% 2,062 2,341 (279) -11.9% 2,251 -8-4% 34 Expenses (net) Per admissw(adjusted) - Hospital on@y 4,733 5,164 (451) -8.7% 5,466 5,115 353 6.9% 35 Revenue per admission (adjusted) - Hospital only 10,024 14843 (816) -7.5% 11,172 10,784 388 3.6% 4,644 9,859 17 -7% 36 Net Reveme per admission (adjusted) - Hospital only 4,948 5,495 (547) -10 5,660 5.459 200 3.7% 5,071 13.3% 37 Discounts as a percent of revenues 47.0% 45 6% 1.2% -0% 2.5% 45.8% 45.9% -0.1% -0.3% 44.8% 11.6% 2.1% 38 FTE's per 100 admissions (adjusted) - Hospital only 4.4 48 -0.4 -00% 5.0 4.7 0.3 5 7% 45 10.8% 39 Days in Net Accounts Receivable 63.1 55.5 76 t3 7% 71.8 -121% L Pam �J in 1. ASSIETS Cose^r seals 1 OBeO end hMeatdeAb - OAare001te 2 Cu6aAalawsobsmdB -$144 4iron$ 3 . auW W=h 11ntrsgbealde 4 PWWIR9ddenl mc*m Ne 6 AMOrdncesibrlatddebb 6 Advances Drd OxdNWriecawnrae 7 Net poleHgantlenl and Yl "ft a pryor roeMebles 9 to West maskim" -not 11 9sranewles 12 Prepeld Wus, I3 Total Conant Assets IM)TCIOMNAREA WEALTH CARE Cowpeleiva Bd=MUW ADd0tard 31, 2007 MARCH FEBRINLR7 wile coop 2007 2002 CYvaPv $9,294,3,32 $00.217 711,439A20 2,916,11112 1 111 457672 912766 ;10,6a9,713 110, ,23� 10.007,442 3,191AUt 17.466,037 10,734,406 17029.SO3 4ae.2m (4,616,444) =120) (3,644602) (076.442) X6,287043) 44.2366271 f50N Bq4) (237.6661 67662.260 77404,643 96,126,167 (442,6071 257.967 258,062 146,012 131,071 670,792 664,2311 676,050 4,742 278.190 518,761 164 246 80,945 $19,017.008 910.201.420 i16.0µ.056 2_073,852 14 Board wnaWM,,xW )a - rg{lm hmimml, $16,764,306 $15,762,541 $9a6019e 9084107 16 $$89,138 a 890 -- - Set $84171 324987 4103 MARCH ASSAM MU 11111 LMB ITIFS A. FLwDBA Ate^ 2009 a v 710 cT9BP7 18 MARCH FEBRUAW MU CW4p LMB ITIFS A. FLwDBA Ate^ 2009 a 2002 710 cT9BP7 25,O8g788 93,175 19 Crrtenl I.IeHldaa Cumdt smkwmm of 11771 $1111 11040 050.9171 1076 7 LOAD peat Ross lonytawrde6t $1,139,179 $1,120,921 9766,001 393,179 Ao=i* pay" -hale 1,796.270 1,009,097 1,789,226 8.254 E901B9oM asivirm rd 1,13 ;10 22 EgWpmert lecedsp4edetlon 11,,30230 Bodsmu ta -net 1,63,705 1,486,789 2,089,619 (471.911) AOrAwd expenses - 93,60,902 3,485,877 131,268 23 9dedaa 910,266 629.182 092.641 (02,375) PTO 1,250.9,31 1214697 1,2114,044 6,337 Interest Sditm76ad pmgmm 190,144 80,881 223,001 534,591 88,283 501,651 9101 MAO$ Other 733,364 122,206 114,747 11,597 Deis. IWeb9I08B 173,081 109.494 132,628 41A41 Dalemd laysmme 0 5,640 0 0 Total Cemnl l)eblfdka $7,431,120 372/3693 $7341435 99,685 18 Plat Assets Land 91,010,780 71,018,788 $1,018,786 0 17 la nuftg9a AacumWBtad dopnae0on 211,079.181 211,074681 25,O8g788 93,175 19 OWN109e tan depracle11ce 11771 $1111 11040 050.9171 1076 7 LOAD peat Ross r . 63,1 914,434408 1111,6501 .335,788 m rm 20 21 ant Amurn WaM ddepWdfor 15,220,24 16,127,043 44,090.005 1,13 ;10 22 EgWpmert lecedsp4edetlon 11,,30230 11,664001 O,0o1134 1,061,283) 73,888,927 93,60,902 3,485,877 131,268 23 Caah-c- sVucdmaaqulpmenl 24 Ccnalructlon in p cWms 0 0 !, D 0 25 Total PM9d Assste 647304 774128 516 759 531 031 $19,647.308 818,802,90'7 i ^ 117 004 f319 B9B7 Fund hexane$ 28 Defeated Bnandnp costa $101.888 $103020 $78 D90 23 775 27 Total Funds 866.120.622 $55,208.178 947033519 12087 - FInsWt Paw L amn 572.434985 W.863,39% 713 399 716 9037 273 $25253.414 925254086 922299389 2a80r0+5 • 1 NpslYNtawaw m 3 RaaIdR81anNs 4 Talalpolbricktookhood rova 5 Qkmu* Da90amlamal A POW DWMW 0 Fm@Cam 7 Telad decit" n lnsl arwlws S NdpdkntnsM/Mrsvoolue a O011r 6pwanS "wows 10 NaloparsRlg""nus 11 E)mmm 8sradu 12 "ape Bxr6k 13 Pnresdonal and ModWl Fees 14 U10Wa,"WA Contra* 6 Repairs 15 Feld. Dnr9e It Suppose 10 Other expense 17 mm ms Can 16 Bad dew t0 14110A 20 Dapndalm 21 Total a14mmm 1 Lmmofndopolumrwvmw 22 0wr (wde0 qma" s penes 23 Inwslsted ham 24 Olhanr1011pNatllq.laYaaYe0la0 20 Plan 161nmme!((n4a) 26 Td$d nO pordmg nvwue 27 Nd lnoume 20 Patent dop 29 Resldsnidays 30 Parm+d dreupanc7 - budget bads - Hoepllal 32 Perc ocupamY-bWgM beta - Hunting Henna 33 AdmNd9ns(adbam"- Hospaddpl 34 Expenses Up0 pot 8 &6*n(adius"- NOOplml9M7 35 Pesps usperadmbslm (adl+obd).Hosplraldeb/ . 36 Net Rmlanw poradlnlallon (adjust" - HSposl mM 37 DNCa91s as a pomot M"wnuas 38 FrFs per 100 fdmlsNOns (adluslad) - Hospclal only 39 Dap In Net Ac mts Rereival>R(exdu&�.11n!c:) 4118 Find HIIFOHMM AREA Nfltl-TN GAPE to mmB(dwwrn nd6rp/ M uw&wdpwtodplodMed137, 8008 P t . Paalo rrs o � wx4w R m qA 8 W A98r1 B11dOM - A / 2996w78M I' 7Y .7' 182 i , >'7 ON 11200.9$1 0,(93.400 (8@,818) -10.6% 9,743,1M 11,124,086 (7./89.088) - 124% 9,012,803 OAA / 1 I 1,477,186 186,486 ' 129% 1 180 X14 86,1 - b1Q d 0 ",886.323 120p68,092 - (81,009,70y 8,2% i1 /, I 2,8M,077 3",SM ".1991) -10.714 9,652,109 9,408,074 (074,486) -9.3% 0.074,363 0.0% 0 M -00.614 0 1 6 -too" 1DNAI i7,�862 pM 1 10.444 M �y M. r f ('� 7'$O)�d45 �,7W,17/- 1,105,915 --- 86.272 40 -7�� 0.� 2 _JLO .674 l9A6 .702 _30,076 (8293,076) slo.6 1119100 ( "a d ��� s10101a,600 -_ _ $1,060,0113 $1,70$6" ti44 ,474 -26% 34,786,664 84,600,080 (067,630) -1.4% $4,621,066 5.0% 390,085 432,296 (30,210) -0.414 1,220,012 1,267,627 (48,015) -3.7% 1,100,647 3A16 540,903 464,639 76,284 10.4% 1,581,071 1,505,662 173,010 125% 11017.063 63,6% 158,525 150,631 66904 4.0% 420,642 471,053 (42,611) -9.0% 420,944 1.9% 426,681 494,618 (436937) -9.4% - 1,221,010 1,341,650 (120,040) 8.9% 1,200,067 1.8% 141,604 128,917 1017 9.7% 370,020 377,661 1,159 0,3% 321.832 179% 37,302 37,9@ 0 0.0% 111,1100 111,007 (1). 0A% 106,710 5,9% 39,775 86,086 (68,914) 49.7% 71,676 298,069 (624,303) -75.5% 109,277 -31.4% 39,621 39.906(65) -0.2% 110�.7733666 1111,860 (103) -0.2% 119,071 -0.1% 700 450322 0.1.6 4.000 886 j.11� Z S% 7l4iY31 110.066 1$313.606 -32% >a ($1.072) 8190,818 (0200,090) .100.6% $103,140 $5361664 (0372.444) 89614 $557.273 .70.7% $14,778 4msw (67,724) 44.3% MM64 $07,600 (813,046) -19.3% 403,486 -13.7% 7.611 7.305 236 32% 24.176 10,860 4,039 24.51A 0.432 .2009% !16.9181 0.016 .24,9741 x09,9% 10193 24.178 OA66 Z75% 08,076 86.0% $6,444 $97961 02,463) 86. 7�1 110. 63 g1- _ .+3x $167802 4.1 46.2 3273.9 . 153(1 a7. 14 :Bt L 910 OR 3 0,3% 2,625 2,001 030) 8.114 2.470 2.2% 3,434 3,407 (63) -1.6% 9,914 10,086 (1741 -1.714 10,135 .2,2% 4 &9% '46.8% 0.2% 0.3% 45.6% 49.3% -2.5% 8.1% 45.7% 2.2% DDA% 91.6% -1.4% -1.6% 81.6% 91.1% .1.6% .1.7% 91A% -2.2% 441.6 4639 -12.7 -2.7% 436,7 453,4 - 10.1 -4.0% 426.0 , 1.6% 450 sm (116) 49,1% 1,476 1.752 (m •10.3% 1,047 , 10,4% 0.028 6,114 912 17.6% 6,743 5,092 552 179% 4,744 :21.1% 11,099 10,864 1,046 9.5% 11,693 10,764 829 7.7% 10,005 15.9% 0,108 6,495 013 11.2% 5,926 6,440 478 8.8% 6,162 15.0% 45.3% 45.9% -0.7% -IA% 45.4% 46.0% -0,6% -1.3% 44A% - 1.4% 5.0 4.6 LD 219°% 5.2 4.7 0.5 10,7% 4.0 13.1% 66'1 :;5.5 .,_ 20.:'S 7,tn P t . Paalo rrs o � u n ASSETS Curreel Assals 1 Cash asd 11waslmsnls- OP61NI6141 2 Csshaed61Ya IMUDIA6.3stMMIld 3 S&ADM Cub & Invsdmor3s 4 PaBell9Raeldeld maMObles 5 Atoaarloes IN bad debts a A"ms and owoIredWl dwwanes 7 Not pationthesWeN and NM -pally a psyor recoNablu a w OlhwmcWvehke - nrA II Invantodes 12 Propeld eapa s 13 TOYS Curronl Aeaak HUTCHVISM AREA HEALTH CARE COMPOOM B"Ift W" As OHFdwvwy 256 2003 94 09 YO-0 FEBRUARY JANUARY ORBRRUARY CMpa 2M6 on 20112 CY'n PY "6,526,636 69,947,032 1%747,02a 4779,610 888 050 1002 334185 354 793 910,41 ,496 :10,808,334 W,051.193 3,134, 16,734,48D 13,404,470 '16,667.671 148,619 (4,404,14(1) (4,811,8(19) (3,704,868) (780,152) (4,&16F6Z7) (4.732.252) x(4.657,6641 22,157 47,404,541 . $7,069,200 I 198,024,719 (32D,176) 200,662 230,072 134,570 134,052 884,239 673,226 680,621 (25,352) 318,751 322,501 272842 45.909 918,601,6111 318.644501 916.192.043 2,608,738 3IUYm � 2M PM R in Total Curlard UsWTOes 14 Beard Dgilaoate&Fundsy( Den"ciadon hrvestments 916,752641 315,770,459 to W-M FEBRUARY MNUARY FEBRUARY Clwlp 364,171 am 2006 '260{ CYwPY Comm ldWIHOS of $1,019,783 $1,019,706 0 17 Buildings Lam Ism dw 31,120,691 $521,905 $757,763 333,133 Aceowds pay" -MWe 1,773,463 1,495,236 1,753,257 (4,794) Eg*nded OWWOahrl 68YaerMS -nel 1.456.765 1A66,765 1",439 (461,638) Aoerued wpwme - Sakdae 326,152 621,623 1,096,161 (472,079) PTO 1,215.007 1,181,054 1,105,082 32,516 In%" 219,001 376,770 104,623 "A" 6684nsuladpw2em" 334,561 467,331 413,666 120,903 cow 122,207 112,407 270,643 (t4S,839) Dsktmd NOW" 163,464 165,327 123.453 41,041 Dereaed"venue S. WA (6,646) 6,481 165 Total Curlard UsWTOes 14 Beard Dgilaoate&Fundsy( Den"ciadon hrvestments 916,752641 315,770,459 S5F673,864 0,078,387 IS Inveelmera In Joint yanhoes $220,413 6229,305 364,171 184,242 Plant Asaeh 16 Lwo 91,010,793 $1,019,783 $1,019,706 0 17 Buildings 25.991 ,763 23,021,784 25,954,799 40,075 16 Aaauawklod dop"ckilon 1 1 1 14 10 fia6 051 1003108 Lona erm Dahl 8388 Aiwa" 19 Bu6d919a kea deprodallm $1 ,609 14, , $16,421, 42 (997,199) melud3ed 20 E*dpmsld 15,127,043 16,1x0,291 ,14,033,055 1,008,083 21 AcaumWeted deprodedon (11,556,031) (11,479.IOBy (10,604,043) (1,053,113) 22 EOulpmanl Ism dopreclodon $3,51114892 63.620,755 $3,604,007 (15,025) 23 Caehmroa aw & equipment 0 0 0 0 24 Coneltucllc0 in pwaam 774 128 727002 315 757 45 371 25 Total Prato Assets, 18,793,50 $40.6721 520341,291 (547, b7) X09 ±;,1$r{.g 26 Oohun:'fnnnr)ngca.1, 2i rolai: nnJi w i4. SSJ.dlOyci .. i I d, {•'._ . - -. .,, FkmbM P4rO 97.255 ;090 95,430,300 $7,714.700 (1,710 322683.380 $23.337.458 $13.601,720 9,61.670 _$24,022,683 924,641,9 "5 b224034r437 2,783_!,__ 0 1 BOM Np,Nm reverlee 2 Quit pathntra96mle I lhgd" Fle wren 4 ToW p ideoA7m6Neel revenue 6 gum onwi Po3g Disealw 6 Fns Can 7 ToWdeduc0an9ommesnus 4 Nelpidlenwm6ldWnwwe 0 Oderaperednp revepa 10 Nel gwmft aevenue 11 MA9. 1 12 Fjn"a Bassists 13 Pro eaalonal and Madlal Fees 14 LKIMes, Aetrlce ConOacla 6 Repair, 15 Food, Dmos 6 SuppGt to Dow expense 17 A lmesale Cam 16 Bad debt 19 In weai 20 DepedaBOn 21 ToW wgeawas (24144) t- e of nal sPNepep mnnw 72 twmmmumEcwam ease (undo) ops aa6nq expenses 23 lesealmNd9aNns 37,302 Me6 24 Pts7a 15�I Levu 20 Total n000pemOn0 leveawe 27 Nei Irloome 29 Pa0esl days 20 Raaaenl days 30 Percard occupancy - budget beds -Hwptw 912 PM oocupancy- budget bads - NUming Home FTes 33 AdmtsYOS(S400ed)- Hospltsiordr 34 ExPe6es, (neq Poe edndwion (4ualed) - Hosp0al only 35 Rannue per adrnlsebn (adjusted) - Hospital aniy 38 11e19-r ec.e ; =_- edm'sak.: (el 37 Opoounts esapeloenl ol.avenuoy - 36 I'Ma pea 100 admlaalona - adjuslud) . Hwplw cr y 30 Days In Nnl A"cuntu Re[ lv9bis(aA:iol,n; HLITCNWBONAREA HEALTHCARE 6 W MN61 d Awwloa rltl EtiOw�66 MOM and PNW Faded FWm17 M6, no IF. $779,70 3,063.607 (254,004) 40.4% _ 0 410 K 1 N -NOA% BUD, 43, ,1'BA 10.5% �!I ,19e,�22" 321,122 (46,005) Ate. 6 779 SW 1 6 0.7% $3.36. MA9. 1 212 417% $1,511,764 $1,536.770 (827,010) -IA% 307,108 412,695 '(15,409) -3.7% 534,602 460,257 74,346 16.2% 152,308 160,116 (7,720) -4.0% 400,496 428,640 (24144) -0.0% 120,410 119,915 495 0.4% 37,302 57,303 (1) D.076 (44,109) 0,090 (142.190) - 144.7% 39.011 39,975 (64) -0.2% 124 260 149 D 421.011 J,4% 33,204.199 1 616 _ .4.4 10,710 $63.407 $164.160 (8907731 -66A% 420.00.7 422,500 (4'4417) -103% 47.70 471382 740 6.3% .-., 7066¢ 3045 112% A983 ia5.e6e 31'�ee4 -2.8% 111 42 18311 7 &15911 w 1421 6,540,377 ?.MA79 (747,16 -102% 411 92706 41 ee9 6 1 1 1 L440 x118 PM Rod ■ =2_ 2Wvs2M2 6.429A77 L4% a 714 6,683,212 61189.090 (Man) 2.074 4480,690 3.7% 0 1333 (0.3321 -1ODA% D WN 0A03.21'2 - �'OlAal' O5� ASQU&Mi ev'Imm W.21U.015 (S4 �'6O�j, ddb 1377 Id 741,64 $9.9 360 0 7 111 60 004, 154 $3,140,621 $3,163,579 (523,060) -0.7% 024,827 695,632 (10,705) -1.3% 1,020,78a 924,013 90,755 10.5% 272,517 321,122 (46,005) -15.1% 900,929 677,141 (78,212) -247% 237,513 248,176 (11,35,) y0% 74,004 74,000 (0 0.0% 31,900 197,379 (105.472) .0A8% 79,915 40,013 (0) -0.1% 269,570 289 204 0 -2A% $8x7 7 S7 J94 (5217.01 -4.6% _ $104210 5336.954 (801,7641 -511% 1139,078 445,000 (84322) - 11.6% 817,315 81 ;431 84,704 372% 817749 3111q; 8 83109 1802% 04. 551 421.011 4 6% 2 2 9. 6 1514 , ��34.4% ,41 12,287,023 788,248 525,262 253,226 799,751 205,861 70,379 104,340 76,830 300904 70.�Va,51Y 5.1% 4.56 48.8% .7.9% 0.1% 14.6% e.0% -09.4% 0.1% i $357.650 -54,1% 544,248 - 10.3% (44,50➢ 477.6% 14.7% S 6.5 f4 682 877 (15) -1.7% 1,615 1,764 (139) -7.9% 1,057 3,107 3,165 (48) -1.5% 4506 0,601 (00) -1.5% 6,571 51.3% 52.2. %, .0.05'. -1.7% 454% 49.5% -3.8% -7.0% 902% 0lA% -IA% -1.5% 89.5% 91.0% 1.3% -1.5% 90.5% 437.6 4516 .10.2 45% 432.9 453,6 - 20.9 -4.6% 429.3 474 67a (102) - 17.7% 990 1,160 (171) -14]% 1,101 5,703 5,019 537 13,7?'. ;,591 5,098 123 10.1 i= .,757 I! "t 10,591 i,,'- t0.:R5 ,41 10,710 4.9 _ .-., _.. -2.5% -1.0% -2.5% -1.0% 0.4% '-10.1% 17.5.4 13.ac< • • r� Z) L BALANCE SKEET A)'IYII. z0, 200:5 z x .* z TOTAL __ -C-A _ -_ _..._ - -___ - -_ -_- ASSETS UTILITY PLANT - AT COST LAND & LAND kIGH75 604,411_54 DEPRECIABI_F_ UTILITY PLANT 70, 802, 924. 6 3 TOTAL UTILITY PLANT 71,412,336.1.7 LESS ACCUMULATED DEPRECIATION C25,6431,486.221 'TOTAL ACCUMULATED DF_PRECIAT iO (25,SSi,486.22) CONSTRUCTION IN PROGRESS 8,244,022.03 TOTAL. CONSTRUCTION IN PROGRESS 8,244,02^..03 TOTAL UTILITY PLANT DEPREC VALUE. 53,774.871.98 RESTRICTED FUNDS & ACCOUNTS - -- - -- _ - - -- - FUTURE EXPANSION & DEV£LOPM§ =NT i7,661,598.9 =0 2003 REFUNDING FUND 4, 3'.25 , 458.78 _ _ BOND RESERVE 2003 _ 1331,533.43 BOND & INTEREST PAYMENT 2000 4,100,000.00 TOTAL RESTRICTED FUNDS & ACCOUNTS 26,918,591.19 CURRENT & ACCRUED ASSETS CASH IN BANK 2,894,289.93 _ - - - - -_ - - - - - -- ACCOUNTS RECEIVABLE 4,357,689.83 - - -- -- ACCOUNTS RECEIVABLE - CYCLE BILLING 580,816.1? INVENTORIES i,1.i8.494_86 _ - - -- - - -- PREPAID INSURANCE 88,504.55 SALES TAX RECEIVABLE 511,635.04 TOTAL CURRENT & ACCRUED ASSFIS 9,511,430_30 DEFERRED CHARGE BOND DISCOUNT 2000 793.70 _ _ _ _ _ _ _ BOND DISCOUNT 1993 678,304.35 TOTAL DEFERRED CHARGE 679,098.05 'TOTAL ASSETS _ - 90, BH3, 991.60 i RAI_ANCF SHI -ET Af'Fi:f l_ 301 2003 MUNICIPAL EQUITY & LIABILITIES MUNICIPAL EQUITY -- -_ - - -- MUNICIPAL EQUITY -_ - - -- CONTFIBUTED EQUITY UNAPPROPRIATED RETAINED I:ARNINGFi TOTAL MUNICIPAL EQUITY x ■ ■ a 41,025,034.47 5,861.00?.29 1,071,832.57 46,757,924.33 -- IT n _..._-* - -- - - -- — - -- -_ -- - - -- - -___- _4w—_ r LONG TERM LIABILITIES -NE.I OF CURRENT MATURITTES 2000 BONDS 4, 000, 00ii.OU LEASE PAYASLES __ 31,431.15 -- _ -_- -- _- - - - - "__ 2001 R BONDS 4,010,000.00 2003 BONDS 31,725,000.00 TOTAL LONG TERM LIABILITIES __ _ _39,766,431.1_5 CONS'FR CONTRACTS S ACCFS FAY RETAIN TOTAL CONSTRUCTION & ACCTS PAY .00 CURRENT & ACCRUED LIABILITIES .. ACCOUNTS PAYABLE 1, Q49, S2k.f,3 - INTEREST ACCRUED 128,385.00 cv ACCTS PAYABLE TO CITY OF HUTCHINSON 73,500.00 AGGRUED VACATION_ PAYABLE - - -- ACCRUED MEDICAL FUND (169j329.66) ACCRUED REC PAYMENT 15,226.96 CUSTOMER DEPOSITS 7S, 91:1.00 OTHER CURRENT & ACCRUED LIABILITIES 189,440.91 TOTAL CURRENT & ACCRUED I_iAH 2,359,636.12 �1 TOTAL MUNf CIPAL EQUITY & LIAP 90, 9033, 991.60 uq •i Sri s _..._-* - -- - - -- — - -- -_ -- - - -- - -___- _4w—_ (COME STATEMENT OPERATING REVENUE SALES - ELECTRIC ENERGY SALES FC.R RESALE NET INCOME FROM OTHER SOURCES SECURITY LIGHTS POLE RENTAL SALES - GAS TOTAL. OPERAI ING REVENUE STATEMENT f3F INCOME & E.:XPENSES 1,151,097,90 51.95,698.841 2,297,706.66 155,2'71.5.6 APRIL. 30, 2003 298,110.32 -247,550,00 954,3e5.49 3,J-46,0j.2.?3 PRODUCTION MAINTENANCE 94,034.49 i06,3z7.i7 VIR,-.Vlc)us CURRENT ]BUDGEYED BUDGET ANNUAL R TO DATE YKAR-TtFDAVE YEAR TO DATE DEVIATION -f T BUDGET 154.61 e. 9-,-jt3 . 13 6, 11.0, ..747_'79 210. ah 1`:470,24'7.58- - 45, 124_ 4 3.3, 765.00 13, 125.00 640.00 750,000.00 --4-i,233,44 47j802.26 47, 700.00 102.-?6 QO,000.00 3, 897.00 3.727.00 4j332.90 (605.90) 13, 000. 00 1,050.50 924.50 lj333.20 (406.70) 4, 030.00 3,897,905.5-3 4,984,3151.26 4,979,879.48 4,471.78 7,533,857,00 8,848,357.37 ii,17i,-J2B i5 i 1, 157, 118 . .5 F 1.4,409-7a 23, 861,1,54,58 OPERATING EXPENSES 915,1`''9.06 1,151,097,90 51.95,698.841 2,297,706.66 155,2'71.5.6 PRODUCTION OPERATION 298,110.32 -247,550,00 954,3e5.49 3,J-46,0j.2.?3 PRODUCTION MAINTENANCE 94,034.49 i06,3z7.i7 132,153.45 25,816.28 396,500.00 PURCHASED POWER 2,iI2,520oil 2, 948, i 15. S 8 2,948j396.63 283.05 6,207,155.00 TRANSMISSION - 6 FE RA -TI -aN 154.61 103.97 00 62.68 5E)0. 00 TRANSMISSION MAINTENANCE iOO,7t3.00 204,392,90 3,032.95 (200,759.95) 11,500.00 F-LECIRIC I)TSrRIBUTION OPERATION i40,347.67 iba,489.00 146,423.34 (12jO65.66) 439, 31.3-73 ELECTRIC DISTRIBUTION MAINTENANCE 3,1.91,634,55 47,iS1.28 51,994.130 -4-1043.rm PURCHASED GAS EXPENSE 3,533,023.82 4,339,323.63 4,337,047.34 (476.29) 6,063,527.18 GAS 'TRANSMISSION OPERATION - -- .00 .00 1,333.20 1,333.20 4,000.00 GAS TRAwsm I ss I ON MAINTENANCE 00 1,499.85 1,499.83 4,660-.00 GAS DISTRTBUrION OPERATION J.24,054.44 L30,539.96 &43,229. 73 12,609o77 429, 732.5 5 GAS DISrRIBUTION MAINTENANCE 34,609.3.2 39.7i4-85 34,01.3.27 (5,70i.5e) 102o Cr'50. 00 CUSTOMER ACCOUNTING E COLLEcrioNs 113,462.98 111.,351.51 103,69i.61 (7,659.90) 311,105 9Z5 ADMINISTRATIVE & GENERAL EXPENSES 5720539.o1 507o982.00 520,540.61 12,558.61 1,831,501.00 DErRECIATION 636,666�?2 820r000-09 sig,gia.00 (82.09� 2P460j000.00 T'OTAL OPERATING EXPENSES i0,046o020�47 --- -'I' OPERATING OTHER INCOME OTHER - NE 'T INTEREST f 454TME - - - - -- - - - - - - - - MISC INCOME GAIN ON DISPOSAL - ELECTRI- C D GAIN CWISPUSNL-: GA5 ----- MISC INCOME - GAS WELLS TOTAL OTHER INCOME OTHER EXPENSES MXSC EXPENSES TOTAL. OTHER EXPENSES (.-,bN-r r I YJUT 10 N 10 CITY TOTAL CONTRIBUTION TO CI'T'Y 70,344.71 915,1`''9.06 1,151,097,90 51.95,698.841 2,297,706.66 155,2'71.5.6 99, ltn.33 - -247,550,00 954,3e5.49 142,444.54 191990.00 3,732.30 60, W0. 00 11 004. 7S 58.846.47 _ 33, -330,00 -25-,55 16-.4-7----! 0 0, C-,C-,o 2(,902.54 139,928.04 ii, 665.50 128,262.54 35,000.00 GO 1 034, 04, 5 . 66 00 1,034,065.66 ,00 .00 136,55758 19,732.33 .00 GO ()G 1j393,1.28-05 201,497.50 3,1.91,634,55 345,000.00 70,344.71 43,261.2i .00 (43,261,211 .00 155,2'71.5.6 99, ltn.33 6237S26.41 -----i,87J,E382.57 -247,550,00 954,3e5.49 142,444.54 100o494.32 (41,950.22) 247,t50.00 ?8E), 000.30 294,06-0.0-0---- -294- ' - ----- -9 92 1- o o 0 o 26 000.00 294,000,00 294,600.00 600.00 9S2,000,00 NON - -OPERATING IkCOiIE (39'7,`;37,5,2) 956,683_51 193, 6" 1,150,284.33 0884, F 50. iDo -T INCOME 6237S26.41 -----i,87J,E382.57 917,497-08 954,3e5.49 1, 413, 1:56.66 , f + ASSETS UTILITY PLANT - AT COST LAND & LAND RIGHTS DEPRECIABLE UTILITY PLANT _TOTAL UTILITY PLANT LESS ACCUMULATED DEPRECIATION TOTAL ACCUMULATED DEPRECIATION CONSTRUCTION IN PROGRESS TOTAL. CONSTRUCTION IN PROGRESS BALANCE SMELT APRIL. 30, 2003 x , , : * e * TOTAL. +F X i4 iF v 604.411.54 70,602,924.63 __7i,4i2,336.1, 7____.___. - -_ (25,901,486.22) (25,88i,486.22) 8,244,022.03 8,244,022_03 53,774,871..98 17,661,599.98 4,325,458.78 -- -__- 831,533.4:3 - -- -- 4,100,000.00 26,948,591.19 _ 2,894,289.93 4,317,699.83 -- - -- - -- _ - _- 580, 8i6. 1`7 1,1.iS,494_86 88, 504.55 511,635.04 9, 5'I1,430.3Q 793.70 - 679,098.05 90,883,991.60 TOTAL UTILITY PLANT DEPREC VALUE _ -- -- ----------- RES'TRICTED FUNDS & ACCDUNTS - - -- - - -- -: FUTURE EXPANSION & DEVELOPMf =N1 2003 REFUNDING FUND - BOND RESERVE 2003 • +•'_ BOND & INTEREST PAYMENT 2000 TOTAL RESTRICTED FUNDS & ACCOUNTS CURRENT & ACCRUED ASSETS CASH IN BANK ACCOUNTS RECEIVABLE _ -- - - K� ACCOUNTS RECEIVABLE - CYCLE BILLING INVENTORIES PREPAID INSURANCE .- �• SALES TAX RECEIVABLE TOTAL CURRENT & ACCRUED ASSETS DEFERRED CHARGE BOND DISCOUNT 20040 BOND DISCOUNT 1993 TOTAL DEFERRED CHARGE . y TOTAL. ASSETS x , , : * e * TOTAL. +F X i4 iF v 604.411.54 70,602,924.63 __7i,4i2,336.1, 7____.___. - -_ (25,901,486.22) (25,88i,486.22) 8,244,022.03 8,244,022_03 53,774,871..98 17,661,599.98 4,325,458.78 -- -__- 831,533.4:3 - -- -- 4,100,000.00 26,948,591.19 _ 2,894,289.93 4,317,699.83 -- - -- - -- _ - _- 580, 8i6. 1`7 1,1.iS,494_86 88, 504.55 511,635.04 9, 5'I1,430.3Q 793.70 - 679,098.05 90,883,991.60 EALAI CE. SHEET APRIL_ 30. 2003 1 E MUNICIPAL. EQUITY 6 LIA81LITTES MUNICIPAL EQUITY MUNICIPAL EQUITY - CONTRIBUTED EQUITY UNAPPROPRIATED RETAINED EARNIN55 -TOTAL MUNICIPAL EQUITY - -- ---- --- - -- - -- LONG TERM LIABILITIES- -NET OF CLORENT MATURITIES - - -- -�— - -- 2009 BONDS LEASE PAYABL_E:5 2001 B BONDS - )" 2003 BONDS TOTAL LONG TERM LIABILITIES 7 CONSTR CONTRACTS 6 ACCTS PAY RETAIN TOTAL CONSTRUCTION 6 ACCTS PAY > CURRENT 3 ACCRUED LIABILITIES ACCOUNTS PAYABLE INTEREST ACCRUED - -- R ACCTS PAYABLE TO CITY OF HUT- CHINSON ACCRUED VACATION PAYABLE ACCRUED MEDICAL FUND -- )'b ACCRUED REG PAYMENT CUSTOMER DEPOSITS _ OTHER CURRENT & ACCRu I._IABILT TIES ),A TOTAL CURRENT 6 ACCRUED LIAR •r TOTAL MUNICIPAL Eguify 6 LIAB ) 1.: TOTAL_* 025, 034.4'7 - -- 5,861,00'7.29 5 , B71 , 0852.57 - — - --48,757, 4,000,000.00 31,431.15 - - 4,010,000.00 -- -- 31,725,000.00 39, 766,431.]. CS 1 , 849, 521.63 120,385.00 73,500.00 196.976.22 (169, ;29.66) __ - -- - --__ -- 15,226.96 75191"3.00 J.29,446797-1--- 2,359,636.12 90, 8*33, 991.60- ----- - - -- -- i , 1 ' SIATEMENT OF INCOME A CXPENSLS APRIL. 30, 2003 PREVIOUS _ CURRENT BUDGETED __ BUDGET _ YEAR 7U DATE YEAR TO DATE YEAR TO DATE DEVI S N ANNUAL .INCOME STATEMENT 1,021,363_93 915,199. .+-06 11111,097.90 ATIO HUD,..f.T �/� OPERATING REVENUE y J SALES - ELECTRIC ENERGY - - -- -- -- - - -- - 4, BF' =, 142.96 6, 1213, 958.13 6, i1. 0, 747.'79 16, 210.34 15, 470,247.:28 SALES FOR RESALE 45,124_94 13,765_06 13,125.00 640.00 750,000.00 NET INCOME FROM OTHER SOURCES - -- - - -- 41,233.44 47,802.26 47,700.00 102.26 90,000.00 SECURITY LIGHTS 3,897,06 - - 3,727.00 4,332.90 _ - -- -- (605.96) - -- - -- 13,000.60 POLE RENTAL i,050.50 924.56 1,333.20 (408.70) 4,000.00 _ SALES_ - GAS ___ _ TOTAL OPERATING REVENUE ____3,897,908.53 4,984,351.26 4,979,879_48 4,471.78 7,533,857.60 8,848,357.37 11,171,528.15 11,157,13.8.37 14,469.78 23,86i,104.58 OPERATING EXPENSES - - -- - - -- -- -- PRLIDUCTION OPERATION- - - - - -- "- -.. - 298, S1D.32 -_ 643,62-7 .. _ _ . L6 _._...___- _.._ _. .__ $tl0,9'77.Oh _ . -- _ (42,650.12) 3, 14f PRODUCTION MAINTENANCE 94,034.49 106.337.17 132,153.45 25,8i6,28 .012.'73 396,500.00 PURCHASED POWER TRANSMISSION flf'ERATION !,11.:2,520.11 2,948,115.59 _2,948,398.63 -- -- - 283.05 6, 20'Y.155.0D TRANSMISSION MAINTENANCE 154.61 100,713 -06 103.97 204,592.90 3.66.65 3,832.95 -- - 62.68 - -- - __ -- 5190.00 _ELECTRIC DISTRIBUTION OPERATION 140,347.67 i56,499.00 146,423.34 (206,759.95) 11,500.00 El-ECTRIC DISTRIBUTION MAINTENANCE_____ - - -- 66,757_15 _ 47,LSi.2fl 51,95'4.80 -- (12,065.66) - -- 4,843.52 _ _ 439,313_93 PURCHASED GAS EXPENSE 3,533,023.82 4,339,323.63 4,337,847.34 (476.29) 156, OUQ.00 6,063,527.i8 GAS TRANSMISSION_ OPERATION _ ,00 .00 1,333.20 1,333.20 4,000.00 GAS TRANSMISSION .00 - 1,499.fl8 - - - - - -- - - - - - -- - GAS DISTRIBUTION OPERATEDH OPERATION 124,0:14.44 .00 130,539.96 143,229.73 7,499.55 4,5DO.bQ _GAS DISTRIBUTION MATN'fENANCE - -- 34,609.x2 39,714.85 34,013.27 12,689.77 (5170L.56) 429,732.35 CUSTOMER ATIVE TING 6 COLLECTIONS -- -- 113,462.98 LL1,351.51 103,691.61 - - -- (7,659.90) 102,050.170 -- ADMINISTRATIVE &GENERAL EXPENSES 572,539.01 507,9$2.00 520,540.61 12,558.61 311,1¢)5.93 DEPRECIATION __ _ _ TOTAL OPERATING EXPENSES __ 636 ,666.72 _ 820,000.68 _ _ 819,918.00 C82.08)__ L, 831, 501.00 2,460,000.00 7,826,9_' 3.44 ]]. E),256, 329.09 ____ 10,046, 020.h7 f210, 308.627 21,563,397.92 OPERATING INCOME" 1,021,363_93 915,199. .+-06 11111,097.90 (195,898.84) 2,297,706.66 OTHER INCOME UTTER - NET INTEREST IRCS7ME ".' - - -- ____- _ __ ___.__ 14,438.73 __ 23,730.30 _ i9, 998.00 3,732.30 60,004,00 MISN INCOME 55,8'04.75 :.,8,846.47 33,33' -. - .q% GAIN ON DISPOSAL - ELECTRIC 2i,902.54 139,928.04 i3..,665.50 128,262.54 35,000.00 GAIN O1! DI SAL - 6A5 - -- - - SPO .00 - - 1,034,065.66 _ .99 1,034,065.66__ .00 MISC INCOME - GAS WELLS ,00 136,557.59 _ 136,500.00 5%. Sg SSn, ()O0,OfY TOTAL OTAL OTHER INCO1E 18,732.33 .00 .00 .00 116 078.35 1,393,129.05 201,493.50 1,191,634.55 34'c,,00tl.00 OTHER EXPENSES - - -- - - -- -- -- MISC EXPENSES _ INTEREST EXPENSE -- - -- -- - - - -- 79,344,71 - -- -- - - 43,261.21 _ .00 (43,261.:21) TOTAL OTHER EXPENSES 155, 2'71. ].6 233,615.87 99, 183.33 100, 494.32 - - - - -- 1, 310,99 - -_ ,170 -247, 550,00 142,444.54 100,494,32 (41,950.22) 247,550.00 COi�TRIHUT20N TO C1 �- - TOTAL CONTRIBUTION TO CITY _... -__- -2847, UOO,E)O __ -.- 294,006_00 - -- 299,600.00 _. - -- _ 600.()0 ___ - �7000- .i30 2130,000.00 294,000.00 294,600.00 660.60 962,000.00 NON- OPERATING 114COME .. -.._ - -.____ ___(2F17;93_7.52) NET INCOME 623,826.4i 1, 871, 882.S7 917,497.08 9'54,385.49 1, 4t3,156.66 _ FALANCE SHEET YRRCkd 33., 2003 i ASSET'S UTILITY PLANT - AT COST SAND S LAND RIGHTS DEPRECIABLE UTILITY PLANT TOTAL UTILITY PLANT_ & ACCOUM'f5 as w r TOTAL U� 609, 411 ..'i4 70,802,924.63 (25,676,486_23) (25.676.486.23) 6,298.348.76 6,298, 349. 76 52,034,198.70 RESTRICTED FU FUTURE EXPANSION & DEVELOPMENT 19,137,255.14 2003 REFUNDIWG FUND 4,)87,66]..26 LESS ACCUMULATED DEPRECIATION TOTAL ACCUMULATED DEPRECIATION__ _. _ CONSTRUCTION IN PROGRESS TO'CAL-CONSTRUCT ION IN PROGRESS TOTAL UTILITY PLANT DFPREC VALUE NM _ —. -- -BOND RESERVE 2043 — .. 631,533.43 y,• BOND & INTEREST PAYMENT 2404 4, 104, 000.00 TOTAL RESTRICTED FUNDS & AC_COUN'i5 28,:'56,449,85 CURRENT & ACCRUED ASSETS 3,475.629_80 _ CASH IN BANK _ ACCOUNTS RECEIVABLE 580,S16.i7 y., ACCOUNTS RECEIVABLE - CYCLE BILLING INVENTORIES - -� - -- -�- 69,348.30 69 s�- PREPAID INSURANCE 549,00 1 j:s CLEARING ACCOUNT 41, 444.13 :3 - _ SALES TAX RECEIVABLE i0, 039, 9)5.81 TOTAL CURRENT & ACCRUED ASSETS 1 Y� DEFERRED CHARGE - - - - - -- BOND DISCOUNT 2600 - ��,. BOND DISCOUNT 1993 TOTAL DEFERRED CHARGF__ TOTAL ASSETS l I, 587.41 -- - 684,893.30 682,484.71 91,03,3,045.07 BALANCE SHEET MARCH 31, 2003 MUNICIPAL EQUITY S LIABILITIES MUNICIPAL EQUITY - - - - -- -- _ - -- MUNICIPAL EQUITY !. CONTRIBUTED EQUITY UNAPPROPRIATED RETAINED_EARNINGS TOTAL MUNICIPAL EQUITY LONG TERM LIABILITIES -NEf -- - - - - -- CURRENT MATURITIES 200n BONDS _ LEASE PAYAELES -_- - -- - - - - - - - 2001 B BONDS 2003 BONDS T <f1, 025, 034.47 5,06i,007.29 J,275, 615.27 _ 48,161,657.03 4,000,000.00 37,717.38 41010,000.00 31,725,000.00 ! .v 3Y, rrc, r1 r.00 TOTAL LONG TERM LIABILITIES lal L'ONSTR CONTRACTS 8 ACCTS PAY RETAIN 00 �.�. ,r TOTAL CONSTRUCTION S ACCTS CURRENT 4 ACCRUED LIABILITIES 2,553,950.71 ACCOUNTS PAYABLE: 116.294,19 INTEREST ACCRUED 196,976.28 ACCRUED VACATION PAYABLE (196,492.59) - ACCRUED MEDICAL FUND____ __ _ 11,0015.74 — "r'q - - - - -- -- ACCRUED REC PAYMENT 77,340.00 CUSTOMER DEPOSITS 314,596.33 OTHER CURRENT & ACCRUED LIABILITIES _ 3,076,670.66 TOTAL CURRENT 6 ACCRUED LIA S3 !u TOTAL MUNICIPAL ER 91,013,045.07 43ITY & LIAB _ - - 1 lal 1 STATF =Mi_NI I.+ INCOMr 6 i_XF ENSIS MARCH 31, 2(() 3 PREVTOUS CURPENT 6UDGETED BUDGET YEAR TO DATF_ YEAR TO DA'T'E YEAR TO DATE DEVIATION INCOME STATEMENT OPERATING REVENUE - SALES -- ELECTRIC ENERGY SALES FOR RESALE NET INCOME FROM OTHER SOURCES_ SECURITY LIGHTS POLE RENTAL SALES - GAS S _ ANNUAL BUDGE Fi n _- - -- 3,632,772•'76 41 2- 0,638.23 4, 25 y,642.47 C4, beoi. 45- - - --5, 47n,247.58 8, 350. 00 13,195.00 13, 125. V0 70.00 '750,000.00 __ 31,771.09 _43,_522,33 43,200.00 322.33 90,0100 -00 -11 9'.25.00 2o797.00 -- - - _ 3,250.00 - __ - - - -{ 4,13.00) i3,006-50) 1,050.50 924.50 1,000.0"0 (75.5'0) 41000.00 3,190,72i.20 4,186,640.41 4 181 290.64 5 349 77 7 533 957 00 _____ __ _ • ,J .., ..f TOTAL OPERATING REVENUE 6,$67,595..35 $,457,917.47 6,4577,, 50$, i- 409.36 3,861, 1:14.!8 31 i -- OPERATING EXPENSES -_- j:i PRODUCTION OPERATION -- 3,146,012.73 PRODUCTION MAINTENANCE 67,560.68 PURCHASED POWER el TRANSMISSION OPERATION ! TRANSMISSION MAINTENANCE •i - - -_ -- L-LECTRIC DISTRIBUTION OPERATION 6,201,155.00 _ ELECTRIC DISTRIBUTION MAINTENANCE ?! PURCHASED GAS EXPENSE 30.62 GAS TRANSMISSION OPERATION 51,655.31 _ GAS TRANSMISSION MAINTENANCE P. GAS DISTRIBUTION OPERATION i1,500.00 GAS DISTRIBUTION MAINTENANCE 119.0i3.77 CUSTOMER ACCOUNTING & COLLECTIONS S� ADMINISTRATIVE & GENERAL EXPENSES i' DEPRECIATION _ 39,000.00 TOTAL OPERATING EXF'ENS£S- - 156, OF>0.60 3,020,084.34 224,632.21 696,986.61 655,696.19 (41,200.42)- -- 3,146,012.73 74,383,00 67,560.68 87,230.00 (330.68) 396,580.00 1,597,023.60 2,159,533.30 2,160,089.94 556.64_ 6,201,155.00 3.54.6- 94.38 125.00 30.62 5[10. U6 51,655.31 204,467.98 2,875.00 (201,592.98) i1,500.00 _106,590.92 119.0i3.77 109,828.49 (9,185.28) 439,313.93 52,627.08 28,517.74 _ 39,000.00 10,482.26 156, OF>0.60 3,020,084.34 3,700,256.98 3,69%751.58 (1,505.40) 6,063,527,iS 1,034,065.66 -_.00 __ 1,000.00 1,000.00 h, 000.00 ,00 .(•)0 1,125.00 1,125.!)0 - MISC INCOME -• GAS 92,820.82 99,077.08 107,433.04 6,3,`55.96 429,7.32.1.5 27,336.49 - 26,695.02 __ 25,512.50 (1,382.52) 102,050.00 89,691.42 82,474.136 77,776.46 - - - - -- - - -C4, 698.361- - 3ii ,-65.53 445,066.28 381,283,68 390,444.52 9,160.64 1,831,501.00 477,500.06 615,000.09 615,000.00 (.09) 2,460,000.00 6,259,766.5.4 8,201,162.17 7,971,889.74 (229,; ?72.43) 21,56':4,397.92 OPERATING INCOME 607,825.2i 256,755,30 _ 4195,61.$.37 (22$,863.07) 2,297,706.66 -- - - - - - - --- i r OTHER INCOME _ OTHER -- NET _ _ 9,249.94 - - - 15,000.00 4,152.50 60,000.00 - INTEREST INCOME 5L,74i.75 32, 349,'x'1 _ 25,000.00 7,399.21 _ 100, 000.040 1'^ MISC INCOME 20,440.53 - 38,i3 -•04 8,750.00 129,381.04 35,000.()0 GAIN ON DISPOSAL - ELECTRIC .00 1,034,065,66 .00 1,034,065.66 GAIN ON DISPQBAL - GAS .00 136,5°7.58 - -136,500.()0 -._ 57.58 ,00 I50, 000.06 MISC INCOME -• GAS WELLS 6,995.44 .00 .00 .00 TOTAL OTHER INCOME 80 427.66 1;360,255.99 185,250.00 i,i75,005.99 ,00 345,000,0_0_ 1 OTHER EXPENSES _ MISC EXPENSES _ _ _ - - - 74,912.28 -- _ -- - 34,008.52 ,00 (34,008.52) INTEREST EXPENSE 123,663.24 86,8$7.50 86.387,50 (500.00) ,(}0 247,5 ?1(1.00 TOTAL OTHER EXPENSES 1?3,575.52 120,896.02 86,387.50 (34,508,52) 247,550..30 CONTRIBUTION TO CITY - -_ - -_ -- --- - � 25.0,000 -VO 220,500.00 --- _ -� ?.2o, 459.00 - --- {41.(40) 9£32,000.00 TOTAL CONTRIBUTION TO CITY 2I�J, 0(10.00 220,500.00 220,459,00 (41.00) 9821000.00 NON - OPERATING INCOME (3247,147.86) 1,61a,859_97 (L2i1596•50) 1,140,456.47 i884,550.00 i _ NET INCOME _ - __ __ _ 287,677.35 _ 1,275,615.27 364,02i.87 911,593.40 i,413,I56.66 0 w I CI AL ASSETS UTILITY PLANT- AT COST LAND & LAND RIGHTS 609, 41 1.54 DEPRECIABLE tjfl!..Ily {;Afd-1 P02. 9' -5_63 'TOTAL UTILITY PLANT' 71,45 ?; 336. LESS ACCUMULATED MPREClAflJN (25,-671,486.241 TOTAL ACCTIMLA-ATED DEPREC TAI LON (25,47i,466-24, CONSMUCTION IN PP.DGRFSF, 2,226,046.49 ICIALMNSPRUCTION IN PROGRESS 2, 22d -C%4 14 TOTAL UTILITY PLANT DF.FREC VALUE 48,166:8916.4.2 C,'[STRICTED FUNDS t% ACuOUNTS FUTURE EXPANSION & DEVELOPME-K-1 5:52,16 BOND t. INTEREST' PAYMENT 2000 • 93, 32.0.-.0 7 PON] RESERVE 2001 Goo.00 BOND & TNTERr.ST 2001 355 .127 '50 TOTAL RESTRICTED FUNDS & ACCOUNTS 992, 9V'/.. 75 CURRENT & ACC PUED ASSETS CASH IN HANK 3.497, 12:.912 M� CUUNTS RECEIVABLE 4, 26Z), 664.67 ACCOUNTS RECEIVABLE CYCk.E Pll.-LTOG 580,81o.i7 INVENTORIES i.064,23.3.t;S PREPAID INSMANCE 14,560.';4 CLEARING ACCOUNT 20.204•G3 SALES TAX RECEIVABLE TOF-Ai- CURRENT & ACCRUED ASSETS 9,614,249.71 DEFERRED CHARGE BOND Discoumr 2000 2, 38L .i.2 BOND DISCOUNT 2001 23, 7103 715 TO f AL DEFLRIPF. D. CHARGE 26, W; .137 OTAL ASSEI S SO, 7y0, '� .a,--. 75 TOTAL MUNICIPAL. EQUITY & LIANIt.111ES MUNICIPAL EQUITY MUNICIPAL- EQUITY CONTRIBUTED E(MJIT'f 5,06J.,0OF.29 TOTAL- MUNICIPAL. EOMITY 47, 983, OI?7.FI4 I-ONG TERM LIASII-ITTES-NET 1j" CURRENT' MATURITIES 2000 15IITJNDS 4,000,000.00 LEASE PAYAFLFS _44,003.61 ----- 2001 B BONDS 4,,)iG,O W- 00 IOIAL LONG TERM L-IABILITTES 9, 054, 603.61 twsl-R rOrAL cONSIRUCITON & 7iCCrS PAY OIL) (,upREwr & ACCRUED LIABIL.ITIES ACCOUNTS PAYABLE INTEREST ACCRUED 87 ,467.9B ACCTS PAYABL-E: 10 CITY OF HUTCl-l-lHS--)K 147, GOO.X) ACCRUED VACATION PAYADLF i96 , 5r7 6. 2,9 A ACCRUED MEDICAL. Ftk4D (.i84,034-7C.) ACCRUED REG PAYMENT 7,455-Z5 CUSTOMER DEPOSITS 75,545.00 OTHER CURRENT & ACCRUED LI AB XLT'TIES 69,337.65 TOTAL- CURRENT-K ACCR LIAB 2,75,1;, 144-30 TOTAL MUNICIPAL. EQUITY t, LIAB SB,790,235.75 Il OPERAT ING INCOME OTHER INCOME OTHER - NE 'f TNIEREST INCOME MISC INCOME GAIN ON DISPOSAL - ELECTRIC GAIN ON DISPOSAL - GAS MISC INCOME - GAS WELLS TOTAL OTHER INCOME OTHER EXPCNSES MISC EXPENSF3 INTEREST EXPENSE TOTAL OTHER EXPENSES -CONT-RIBUTION TO CITY TOTAL CONTRIBUTION 10 CI'T'Y NON-CX_-ERATING INCOME T INCOME 5Si., (A)9 ?4 7t.,393,97 187.665.85 (iii,271.88.) 2,297,706,16 E3, a•21 'iA T %M[ T %.iF . Ni.- - :;X5 Fksi�.R 72 ' ?,834,24 (i4,i6S.76) F r�BR: !AR'r 20 20C :- 2o7. 91 .136 2,528.23 ''REV 1f51_1$ CURRFM.1 BUDGETEf• rAJDGET - --------- i36jCS57_58 25,500.00 YEAR TO DATE YCAR TG DA;F YEAR TO DATE DEVIATION OUDGLY CCWE. STATEMENT 1 ,231,977.6,4 5R,650 00 il173j327.64 345, 000 110 OPERATING REVENUE sALi-:s - ELECIRIC ENERGY 2.5 @B, 72 - - .68:;, 1_1 x5..35 21629,942-0? Fi3_643,26 1-1, 47.1, 2 SALES FOR REbALE 760 - o[, 12, (• 00 1) 1,3Ei5>00 75 =, 000 .. "Ki NET INCOME FROM OTHER SrAjRClng 20,626.-0 ::_4. �_.2 J...;_-600.00 8,224.52 90, 01)(). oo, SECURIfY LIGHTS 1,950.60 &67 oo 2,21.0.00 (343.GG) i3,o7e.o0 POLE RENTAL t 1 x50.50 9:214. 50 680.00 244.50 't, (,,(*. 400 SALES - GAS 2 -'-;(),_635.03 867, 664.93 ... 2,862,865.66 799_27 7,533,8.`. -7. QO __'eOT4j._OFl&WflNG 76, 3, r� 2 61 � 6 t7:.5�ae-21,1 _30 -,522,247. ?5 63,?51�55 2 , 86i OPERAF-IING EXPENSES' -pWobucTfoN 5�,�IQN - - i4o�:Y_V�.Oi3 474,462.01 430.022.16 (-,6,43q.a5) _2 3,iA6,0___:'3 PRODUCFION MAINTENANCE 46, 616.23 67,5 54.79 67, 405.134 (549,79) 396,500..)4 PURCHASED POWER 1,099,774.40 1,346,273.05 365,:974. 410 19. ael . e:)5 6, 207, 155, 00 mARshissioN OPERA r1rim . 00 __51.:3 85.(10 33.2 Q-6 TRANSMISSION MAINTENANCE u, la'5 . ?-t 1,955.00 (202.512.96) ELECTRIC DISIRlDUTTUN OPERATION 7�4 12 74,683.��6 (5,647-29) 4?9,ZI.3-93 --ffLuctkic Disi-RIBUITON MAINTENANCE _z" 0.76.83__._._. - - i.i 760.94 26,520.00 14,759.10 i56,000.00 PlJRCHASED GAS EXPENSE 1.981,707.43 2,496,984.43 2,496,G46.i4 (12,938.29) 6, 063, 5:7. i8 GAS TRANSMISSION OPERATION _00 .00 680.00 600.00 4,000.040 GAS fRF�NSMISSICN MAINTENANCE bo 00 765.00 765.0e 4,5A8. nO GAS DISTRIBUTION OPERATION 64j456,2 66,1.34.33 73,054.46 6,920;i3 42'?,__F32.45 GAS DYSTRIPUTION MAINTENANCE is,Vli'S9 i7,349.'G i 102, b30. 4.!0 CUSTOMER -ACCOUNT I - W. _._ & - COLLECTIONS - . _._..56,0:38.98 52,829.02 (3.150.96) 311,i85.P3 ADMINISTRATIVE & GENERAL EXPENSES 322,660.35 277,836.'79 31l,355.i6 33,516.37 1,831,501.00. DEPRECIATION 31.8,333.40 4a.G,000-iG 418,240.04 0l199.90 2, 460, CO TOTAL PERAT INE; EXPENSES O - -_ 4,182,515 . 42 -_ ,50O.E 3 ,,:334, 58i.90 (175,225.43) 2ir563-397-92 OPERAT ING INCOME OTHER INCOME OTHER - NE 'f TNIEREST INCOME MISC INCOME GAIN ON DISPOSAL - ELECTRIC GAIN ON DISPOSAL - GAS MISC INCOME - GAS WELLS TOTAL OTHER INCOME OTHER EXPCNSES MISC EXPENSF3 INTEREST EXPENSE TOTAL OTHER EXPENSES -CONT-RIBUTION TO CITY TOTAL CONTRIBUTION 10 CI'T'Y NON-CX_-ERATING INCOME T INCOME 5Si., (A)9 ?4 7t.,393,97 187.665.85 (iii,271.88.) 2,297,706,16 E3, a•21 .34 ;5Z, Ll. 6 72 ' ?,834,24 (i4,i6S.76) .00 2o7. 91 .136 2,528.23 1,0=4,065.66 .00 p 1.6,2'52.25 10, 200.(60 6,052.25 60,000 . 00 ' ?,834,24 (i4,i6S.76) io.�, 000- 8o 2o7. 91 1,0=4,065.66 .00 1,034,065.66 .00 i36jCS57_58 25,500.00 111,057.58 158,4(.10 -00 .00 .00 .00 ..�o 1 ,231,977.6,4 5R,650 00 il173j327.64 345, 000 110 -i-A �i 16�^,353.73 64,3715.t53 i 4s . 000. 00 147,000.00 320,948,24 1,097,046.08 .n4 42, 003-50 42,083.50 tan, Y44, 00 1153,:3'73.5') 37.2-%2,55 (6,400-53) 115,841.54) (22,242.03} tsi-, 940.118 . . 19.940.00 I , i7l, 0'25..61.... 2-i -61 i 10991753.'73 247,j50.00 !'1 "0 .3)4 oQ0 1 4 il, 1 °i6 -616 L PUBLICATION NO, ORDINANCE NO. 03 -339 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUTCHINSON FOR A PROPERTY TO BE REZONED FROM R1 AND C2 TO R2 LOCATED AT OUTLOT A, RAVENWOOD THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: WHEREAS, the following described real property is hereby rezoned from RI (i.ow Density Residential) and C2 (Automotive Service Commercial) to R2 (Low Density Residential — Single and Two family) as requested by property owner: LEGAL DESCRIPTION: Outlot A, Ravenwood . WHEREAS, the City Planning Commission and City Council have considered the effects of rezoning this piece of property; WHEREAS, there are certain parameters that will make this rezoning appropriate for this area; THEREFORE; the City hereby officially rezones (his property to R2 and it shall take effect upon publication of this ordinance; Adopted by the City Council this 10th day of June, 2003. ATTEST: Gary D. Plolz City Administrator C' Marlin D. Torgerson Mayor f)('16) C • MEMORANDUM DATE: May 20, 2003 TO: Hutchinson City Council FROM: Hutchinson Planning Commission Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 320.587.5151/17ax 320. 234.4240 SITSIECT: REZONING CONSIDERATION KNOWN W PROPERTY TO R2 SUBMITTED BY ROGER DERRICK, , DERRICK INVESTMENT COMPANY Pursuant to Section 12.10 of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for preliminary plat. HISTORY The applicant has submitted a 21 lot preliminary plat (total units could be 29 units if twin homes were constructed on the castem side). Ravenwood West would be the plat name. The 21.47 acre parcel was part of the original Ravenwood plat and intended for single family homes and automotive service commercial. The applicant is requesting to rezone the parcel to R2, single and two family lots. The property was annexed to the City of Hutchinson in April of 1998. Derrick Investments platted the property in June of 1998 as mixed use residential on the east and storage units with some single family residential on the west in the Airport Zones A and B. FINDINGS __OF 1. The required application was submitted and fee was submitted. 2. Notices were mailed to the surrounding prnperty owners as well as published in the )-IutchinsonLeader on April 4,2003. 3, There were no neighboring property owners present objecting to the request. 4. Airport Zoning There are not a lot of plats, which are reviewed with the Airport Zoning requirements of the City Code. This property presents pieces both of Zone A, which is a "no build" zone and also with Zone R, which is conditionally buildable if certain densities and standards are met. There should be a designated building plot area for all of the parcels to prevent scattered buildings on the development site (i.e. outbuildings, etc.) Another point of the ordinance is that the use must be no smaller than 3 acres in size. The site is approximately 20 acres in size. The ordinance also determines that no more than 15 persons per acre may be . placed on the property. In this case, there are 21 parcels proposed, with a maximum of 29 units (twin homes on the eastern portion). Staff estimates a 2.4 person per household (based on the 2000 Census), which would create approximately a density of 70 persons. The density does not exceed the ordinance requirements. There should be restrictions placed within the subdivider's agreement, covenants on the property, and within heresoluutionss concerning this development that it is located within an Airport approach area anathere rnaVf?e significantly more noise than other properties within 366 I u L Finding of Fact — March 19, 2003 Ravenwood West - Rezone and Preliminary Plat Roger Derrick Page 2 the City. There are restrictions in the airport zone and these restrictions must be conveyed to the property owners. In addition, there would be no outbuildings allowed on the properties, unless it fits within the building plot area. (Plot areas on the west side arc 40'x 60'; on the east side 55' x 70'.) Transportation Grading The streets that would lead to the western lots are on an existing street — Dale Street. Proper drainage for driveways in this area is important. The twin homes, on the eastern portion of the property would be access off of a continued street (Blucjay Drive) in the existing Ravenwood plat. These lots cannot be built upon until the street has been installed by the developer. Erosion control measures must be utilized throughout any disturbance area. Extra fencing should be added to the north area. The problem is establishing permanent vegetation prior to the fall. The developer must identify a maintenance person for weed or site erosion control prior to construction. S tormwater Fees Outlot A, where the storm water pond is located, will not be owned by the City. A homeowners association must be established to provide maintenance of the pond and ditch areas. The recently adopted bonding requirements (section 12.20, subd. 1 (K)) was effective as of January 14, 2003. This requires that the developer provide a bond or letter of credit in favor of the City, in the amount equal to 100% of the project improvements. The City also collects a 7% cash escrow from the developer prior to construction. Both items are due prior to commencement of construction. The parkland contribution in the R2 district is $175.00 per unit. SAC/WAC charges in 2003 are $2040.00 per unit (note this fee increases every year). This development is located in the electric service territory area, which places a charge of $800.00 per unit. The above costs are collected with the building permit fees. RECOMMENDATION: The following list identifies items that need to be addressed or conditions of the preliminary plat: I. The developer must provide covenants which indicate and explain the Aiport Zoning restrictions and the building plot areas. 2. The homeowners association documents indicating the long term maintenance responsibilities of the ponding and ditch areas - 3- The twin homes may not be constructed until Bluejay Drive is constructed and the ponding improvements area complete. 4. Thcre needs to be added right of way on the southern portion of the plat. 5- The grading plans must indicate extra erosion control around the pond to the north. 6- The grading plan must indicate house types for the lots. 7. The sanitary sewer line issue must be resolved. S. The ditch redesign must be acceptable to the City Engineer. 9. The pond shelf requirements must be revised. . Finding of Fact — March 19, 2003 Ravenwood West - Rezone and Preliminary Plat Roger Derrick Page 3 10, Easements in areas of water, sewer and storm sewer lints must be enlarged to provide a means of access for maintenance and eventual reconstruction of the lines. 11. A developer's agreement must be approved prior to final plat approval and grading. 12. Fees and bonding is due prior to commencement of construction at the property - 13. Hydrant locations and separations must be addressed. 14. No building permits will be issued for this plat until services are available with the exception of one model home. Respectfully submitted, Dean Kirchof, , Chairman Hutchinson Planning Commission cc: Roger Derrick, Village Homes of Hutchinson, Inc., 7301 Ohrns Lane, Ste. 560, Edina MN 55439 Ed Rettman, 564 Hassan St. SE, Hutchinson MN 55350 I• IL • 5(b)1 � .ua��aiw[nu..y+t.� r, v^ �+ �nwr'+ M+ u: a,�.�.u^ ✓ivew:erwrsa�wF�'xaawwi ,uw.a�.unue�w!<w unwary' n,- waymu. cu:.w:e[.seaumxu�rxnaviirn+�a: n-'.N rr�� CITY OF HUTCHINSON PLANNING STAFF REPORT . To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Miles Seppelt, Amanda Alfson, Jean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Sgt. Chuck Jones, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: May 5, 2003 — Meeting Date: May 20, 2003 Applicant: Roger Derrick, property owner PRELIMINARY PLAT AND REZONING May Update: The Planning Commission tabled this request until the follow up with the staff recommendation items is complete. The items have been addressed by Mr. Derrick as stated in his letter of May 1, 2003 and the revised May Narrative. 1. The developer must provide covenants, which indicate and explain the Airport Zoning restrictions and the building plot areas. . There is verbage in the May Narrative addressing the Airport zoning. The wording was satisfactory to the Planning Staff. 2. The homeowners association documents indicating the long term maintenance responsibilities of the ponding and ditch areas. The developer has provided copies of draft covenants regarding maintenance of ditch drainage easement area and Outlot A easement area to the satisfaction of the Planning Staff. 3. The twin homes may not be constructed until Bluejay Drive is constructed and the ponding improvements area complete. No issues with this requirement. 4. There needs to be added right of way on the southern portion of the plat. The revised Preliminary plat received April 30, 2003 includes a 60 foot street dedication on the south end of the plat. 5. The grading plans must indicate extra erosion control around the pond to the north. This has been changed 6. The grading plan must indicate house types for the lots. This has been corrected and a revised survey has been submitted 7. The sanitary sewer line issue must be resolved. This has been addressed. $. The ditch redesign must be acceptable to the City Engineer. The revised Narrative states the slope of the ditch to be 6,1 however the sanitary sewer plan (Sheet 5) shows the elevation at 25 %. This must • be corrected on the plan. The City lingineer's letter ofApril 24, 2003 states no grading may take place on the property until after the Final plat and Subdivision Agreement are approved. 9. The pond shelf requirements must be revised. This has been revised. N'�))l Preliminary Plat — Ravenwood West Village domes of Ilutchinson — Roger Derrick • Planning Commission— May 20, 2003 (revised memo May 5, 2003) Page 2 10. Easements in areas of water, sewer and storm sewer fines must be enlarged to provide a means of access for maintenance and eventual reconstruction of the lines. The revised preliminary plat does indicate a 25' easement between lots I and 2, lots 14 and 15 and lots 16 and 17. 11. A developer's agreement must be approved prior to final plat approval. Not an issue at this time. 12. Fees and bonding is due prior to commencement of construction at J the property. Staff is of the impression that all improvements will be conducted privately and has indicated the procedures for this. (Excluding Blue Jay, which would be conducted as a City project and assessed to the property.) A performance bond in favor of the City must be provided in the amount equal to all improvements required for the project. (Ordinance #02 -327). 13. The hydrant locations and separations must be addressed. The developer's letter of May 1, 2003 states the fire hydrants on Dale Street will be not more than 400 feet apart Staff remains concerned about the timing of the trunk sewer to serve this area and recommends no building permits be issued for this plat until services are available. Cc: Roger Derrick, village Homes of Hutchinson, Inc., 7301 Ohms Lane, Ste. 560, Edina MN Gary D'Heilly, 625 Lake Dr, W, Annandale MN 55302 Fd Rettman, 564 Hassan St. SE, Hutchinson MN 55350 UE EN EtT RWTkF WAY MAT 10 t RAVENWOOD WEST "4 PRELIMINARY PLAT C-utIc! A, PAVENWOKy- occtn!m 14 i:. -.. 1-CcId-11 111, mllcf TOTAL AREA • 21A"f Ams DMOPM X-PRICK lkwlq 'A�f(T 'w- 9 11 m mi alms 1ANE Sufi ..560 EDNA W -21, Block 11 J'SLO MV#" LUT RE"EkIEWM WMALM 8UUVQ ZEIWK# 00 30 w"Um I'M Dot -30 -.t Nu, a f.01 .4-4 _v. bTLq M-- L. k- 104CO A— F., p— - 30 1.., cw*,l pr h t, %. Ike s^i n 'y "-r ffl" sa.e=ie,la '0 % Wim" LOT .1roisMirm MPftN 6"09 VMW" 1,6 71- FW A-1 6 Vlil A,. 440', V-1 P— VS 4., 1,4N-tATM) LCfT DETAR- "200 1] Apri124, 2003 Ed Rettrnan Jr. Excavating 564 Hassan Street SE Hutchinson, MN 55350 Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 553$0.2522 320 - 587- 515ll17ax 320.2344240 RE: Grading and Earth Moving at Ravenwood Development Site Dear Mr. Rettman: We have reviewed your request to complete some grading and material relocation from and within the Ravenwood development site, and have the following comments: • As per previous discussions and actions, no material shall be moved, removed or added to the proposed Ravenwood West site prior to final approval of the . project (preliminary plat, final plat, subdivision agreement). This would effect your request to sell and remove some of the stockpiled or "excess" topsoil from the site. It was noted that there is excess clay material available from Bruce Naustdal's home construction in Ravenwood First Addition that you would like to move to an area previously platted in the original development for 4 -plex townhomes. As long as that work does not conflict with the provisions of the first paragraph, this work would be permitted. If you have any questions or comments, please let me know. Works • cc: GaryPlotz — City Administrator Julie Wischnack — Director of Plannins/Zoning/Building Prin ud on recycled paper - � � Derrick Investment Company May 1, 2003 Bonnie Baumetz City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 RE: Ravenwood West Dear Bonnie: RFck/b 1;,:. FD ;' _ o f �?o'0J B, E -mail: 7301 Ohms Lane #560 Edina, MN 55439 TEL: (952) 830 -0161 FAX (952) 831 -1215 info.choa .mindspring.corn www.chofamerica.com . Enclosed please find the revised Ravenwood West submittal, which includes the Ravenwood West narrative, the site, plan, grading and erosion plan, utility plan, and preliminary plat. The following changes have been made pursuant to directions received at the last planning commission meeting and subsequent discussions with staff. Y Fire Hydrants along Dale Street will be no more than 400ft. apart Y Utility easements for the sewer and water lines between lots 1/2, 14/15, and 16/17 has each been increased from 20ft to 25 ft. Y The chart showing building types and floor elevations has been added to the grading plan. Y Lots 1 and 2 were mismarked before. Now they show slab units without basements to conform to the chart. Y The preliminary plat now shows the 60ft street dedication at the south end of the plat. Please note that will be the access to Outlot A. Y Outlot A and the 60ft ditch easement will be mowed and maintained by the homeowners associations. 5 li • ➢ Lots 1 through 8 will be twin homes and will have an association set up to do all of the exterior maintenance including snow plowing and shoveling, irrigation system maintenance and mowing all the yards including the 30ft portion in the back abutting the ditch for lots 1 through 5. ➢ Lots 9 through 21 will be single - family homes. Those owners will maintain their own properties except that they will have an association whose only function is to maintain butlot A and the 30ft strip abutting the ditch behind lots 11 through 14. Fabyanske, Westra, and Mart PA have drafted the enclosed language, which evidences the above and also addresses the airport zone notification. (See next item). ➢ Airport Zone Notification is addressed in the enclosed legal document. The wording contained in the second portion of paragraph one was worked out with Julie last month. As you can see the notification language will appear in each purchase agreement and each warranty deed and in the declaration for the homeowners associations. The legal documentation for both homeowners associations will be submitted after the approval of the preliminary plat, but before the approval of the final plat. The enclosed documents contain the language that was requested pertaining to the maintenance of the drainage easement areas and the notification of the airport zone restrictions. • 1 believe this addresses all of the outstanding issues. If not, please contact me immediately so we clarify any unanswered questions. ly, log De ick Derrick Investment Company • 6 (s) 0 RAVENWOOD PROJECT ADDITIONAL CONDITIONS FOR APPROVAL L The following language regarding airport zone shall be put in these documents relating to the single-family and twin home development: (1) the Purchase Agreement with homeowners, (2) the Deed to the bomeowner, and (3) the Declaration for the Homeowners Association: The Property is located in "Airport Zone i3" within the meaning of Hutchinson City Ordinances. Consequently, the Property is prohibited from having "detached accessory buildings" constructed thereon, as "detached accessory building" is defined by Chapter 13 of the Hutchinson City Ordinance. 2. The Covenants Regarding Maintenance of Outlot A and Drainage Easement relating to the single - family development in the form attached shall be recorded immediately after the recording of the plat and prior to any subsequent mortgages or deeds. In addition, the Purchase Agreement and Declaration for the Homeowners Association of the single - family home shall refer to and attach a copy of the Covenants Regarding Maintenance of Outlot A and Drainage Easement. . 3. The Covenants Regarding Drainage Easement relating to the twin home development in the form attached shall be recorded immediately after the recording of the plat and Covenants Regarding Maintenance of Outlot A and Drainage Easement, and prior to any subsequent mortgages or deeds. In addition, the Purchase Agreement and Declaration for the Homeowners Association of the twin homes shall refer to and attach a copy of the Restrictive Covenants Regarding Drainage Easement. 11 C: \WIM7ows \Temporary Interne[ Files\ Content.IE5 \07EXS5TV\244114.doc 5z� r -. COVENANTS REGARDING MAINTENANCE OF DRAINAGE EASEMENT AREA, RAVENWOOD WEST THESE RESTRICTIVE COVENANTS are made this day of 2003 by DERRICK INVESTMENT NO. 91, INC. ( "Derrick ") and RAVENWOOD TOWNHOME ASSOCIATION, INC., a Minnesota non -profit corporation; WHEREAS, there exists a 60 -foot wide public drainage easement area shown on the plat of Ravenwood West, McLeod County, Minnesota of which 30 feet (the "30 -Foot Easement Area ") is located in the rear of the following townhome lots (the 'Burdened Lots "): Lots through ; Block ; Lots through _ ; Block ; all in the plat of Ravenwood West, McLeod County, Minnesota. WHEREAS, Derrick is currently the owner of the Burdened Lots; • WHEREAS, as part of the approval, of the development involving the Burdened Lots, the City. of Hutchinson is requiring that the Association be responsible for the mowing of grass on and other maintenance of the 30 -Foot Easement Area; WHEREAS, Derrick desires to impose covenants upon the 30 -Foot Easement Area which require the maintenance obligations of the Association as set forth herein; NOW, THEREFORE, Derrick and Association agree as follows: I. The Association does hereby agree, for the benefit of its members and for the benefit of the City of Hutchinson, to do the following on the 30 -Foot Easement Area: mow grass, remove and replace diseased vegetation, remove refuse and debris, and otherwise maintain the 30 -Foot Drainage Easement Area; provided, however, that the Association shall not perform any such work with any wet areas of the ditch in the 30 -Foot Easement Area, it being intended that the City of Hutchinson will repair and maintain the stormwater facilities and wet areas within the 30 -Foot Easement Area. 2. The covenants set forth herein shall be perpetual, shall run with the land, and may be amended or terminated only by a written agreement between the City of Hutchinson and the owners of the Burdened Lots. [signature page follows] 0 C:\WPIDOWS \Temporary IntmW Fi eA0onwnLM5W7EXS5rV\2d4129 (I).doc 0 11 STATE OF MINNESOTA )SS. COUNTY OF DERRICK INVESTMENT NO. 91, INC. By: Its: RAVENWOOD TOWNHOME ASSOCIATION, INC. By: Its: The foregoing instrument was acknowledged before me this day of , 2003 by , the of Derrick Investment No. 91, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2003 by , the of Ravenwood Townhome Association, Inc., a Minnesota non- profit corporation, on behalf of the non - profit corporation. Notary Public DRAFTED BY: Dennis J. Trooien, Esq. Fabyanske, Westra & Hart, P.A. Suite 1100, Kinnard Financial Center 920 Second Avenue South Minneapolis, MN 55402 (612) 338 -0115 C: \WINDOWS\Temporery Intemct Files\Content.rE5\07EX85R \244129 (I)-doe . COVENANTS REGARDING MAINTENANCE OF OUTLOT A AND DRAINAGE EASEMENT AREA, RAVENWOOD WEST THESE COVENANTS REGARDING MAINTENANCE OF OUTLOT A AND DRAINAGE EASEMENT AREA, RAVENWOOD WEST, are made this day of 2003, by DERRICK INVESTMENT NO, 91, INC. ( "Derrick ") and RAVENWOOD HOMEOWNERS ASSOCIATION, INC., a Minnesota non -profit corporation (thee "Association "). WHEREAS, Derrick is the Owner of Outlot A, Ravenwood West, McLeod County, Minnesota ( "Outlot A "); WHEREAS, Derrick contemplates the conveyance of Outlot A to Association; WHEREAS, there exists a 60 -foot wide public drainage easement shown on the plat of Ravenwood West, McLeod County, Minnesota of which 30 feet (the "30 -Foot Drainage Easement Area ") is located in the rear of the following single - family lots (the 'Burdened Lots "): Lots through ; Block ; Lots through ; Block all in the plat of Ravenwood West, McLeod County, Minnesota. WHEREAS, as part of the approval of development involving Outlot A, the City of Hutchinson is requiring that the Association own Outlot A and be responsible for the mowing of grass on and other maintenance of Outlot A and the 30 -Foot Drainage Easement Area; WHEREAS, Derrick desires to impose covenants upon Outlot A and the Burdened Lots which require the maintenance obligations of the Association as set forth herein; NOW, THEREFORE, Derrick and Association agree as follows: I. Outlot A has been or will be conveyed to the Association, which conveyance shall be subject to the obligations of the Association under this Covenants Regarding Maintenance of . Outlot A and Drainage Easement Area, Ravenwood West. 2. Upon conveyance of Outlot A to the Association, the Association does hereby agree, for the benefit of its members and for the benefit of the City of Hutchinson, to do the following on Outlot A and the 30 -Foot Drainage Easement Area: mow grass, remove and replace diseased vegetation, remove refuse and debris, and otherwise maintain Outlot A and the 30 -Foot Drainage Easement Area; provided, however, that the Association shall not perform any such work within any ponds of Outlot A or wet areas of the ditch in the 30 -Foot Drainage Area, it being intended that the City of Hutchinson will repair and maintain the stormwater facilities, ponds, and wet areas within the public easement areas of Outlot A and the 30 -Foot Drainage MEasement Area. C: %wnmows\Temporuy Ioce m File6C=twtW%7ExS5M44120.doc 5 ►(�1 r] L 0 3. The covenants set forth herein are perpetual, shall run with the land, and may be amended or terminated only.by a written agreement between the City of Hutchinson and the Association. DERRICK INVESTMENT NO. 91, INC. By: Its: RAVENWOOD HOMEOWNERS ASSOCIATION, INC. By: Its: STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2003 by the of Derrick Investment No. 91, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2003 by the of Ravenwood Homeowners Association, Inc., a Minnesota non - profit corporation, on behalf of the non - profit corporation. Notary Public DRAFTED BY: Dennis J. Trooien, Esq. Fabyanske, Westra & Hart, P.A. Suite 1100, Kinnard Financial Center 920 Second Avenue South Minneapolis, MN 55402 (612) 338 -0115 C: \WINOOWS \Temporary Internet Files\ C :ontent.lE5 \07EXS5IV\244120.doc i Ravenwood West Narrative (Revised May 2003) Derrick Investment Company is proposing a residential development for Outlot A, Ravenwood to be known as 'Ravenwood West'. The property is in Airport Zones A & B. Airport Zone A does not allow any buildings to be constructed. Airport zone B does allow limited building construction. The ordinance requires that structures be arranged along a continuous building plot so that most of the land is left open for emergencies. This development meet's the requirements contained in the airport zoning ordinance. To ensure that every owner understands that there are building limitations on their lots, the following language will be inserted in each purchase agreement and will be contained in their deed, which will be recorded. "The Property is located in "Airport Zone B" within the meaning of Hutchinson City Ordinances. Consequently, the Property is prohibited from having "detached accessory buildings" constructed thereon, as "detached accessory building" is defined by Chapter 13 of the Hutchinson City Ordinance." Ravenwood West will consist of 8 twin -home lots (16 units) and 13 single- family lots. City sewer and water will serve all lots. Prior to any development, the Ravenwood pond will be completed and the ditch relocated to be a buffer between the twin -home lots and the single - family lots. The relocated ditch will be gradually sloped (6:1) so that it can be easily mowed down to the water level of the ditch. The ditch will flow into the pond, which will be located within Outlot A, Ravenwood West. The City will maintain the deep portion of the pond and outlets because it is part of the overall watershed drainage. The twin -homes will be one-level. different floor plans will be offered. basements will be will not have basements. Three (3) a P homeowners association that performs all exterior maintenance including lawn care (mowing, fertilization and weed control), including the 30 ft easement area to the rear of the lots adjacent to the ditch, snow removal (shoveling walks & plowing drives), and will maintain the underground irrigation system. All driveways will access Blue Jay Drive, which is a public street. We will petition the City to complete Blue Jay Drive this year. The single - family lots will each be able to have a walkout basement. The plan is to sell each lot to individual buyers. Because builders control most lots, these lots will be desirable for those wishing to choose their own builders. Each lot can accommodate a split entry home, a rambler, or a two -story. �51Ej) The single - family homeowners will maintain their own lots and will be responsible for their own snow plowing and lawn care except for the 30ft easement area adjacent to the ditch as discussed below. The single- family homeowners will all belong to a homeowners association that will be responsible for mowing Outlot A and the 30 ft easement area at the rear of lots adjacent to the ditch. They will have the benefit of being able to use Outlot A for picnics and recreation. This project will complete the development along the south side of Century Avenue and along the east side of Dale Street. Ravenwood West will give current and prospective Hutchinson resident's additional desirable housing choices and will provide additional consumers for the local retail stores and restaurants. We are requesting the necessary zoning changes, preliminary plat approval and permits to allow us to move forward with Ravenwood West. It is my pleasure to bring our request to you for your consideration Sincerely, l ZA \ er Derrick President Derrick Investment Company 0 0 RESOLUTION NO. 12195 RESOLUTION APPROVING WASTE WISE INTERNSHIP POSITION AT CREEKSIDE COMPOST FACILITY WHEREAS, the City of Hutchinson (dba Creekside Soils) is in need of additional resources to aid in researching and locating additional sources to participate in the organic material recovery program within McLeod County; and WHEREAS, Creekside Soils wishes to encourage more county wide involvement in the organic material recovery program, and; WHEREAS, the McLeod County Solid Waste Committee through McLeod County Solid Waste Management provides funding to entities to aid in achieving the goals stated above; and WHEREAS, Creekside Soils is recommending that an internship position be added to the staff for a term of three months, and; WHEREAS, Creekside Soils is requesting that McLeod County Solid Waste Management provide funding for 50% of the total salary of the internship position, ID costing Creekside Soils $2400.00; THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON THAT: The City of Hutchinson hereby authorizes that Creekside Soils submit a solid waste funding request to the McLeod County Solid Waste Advisory Council to consider funding 50% of an internship position at Creekside Soils in the City of Hutchinson. Approved by the City Council this 10`" day of June, 2003. Marlin Torgerson, Mayor ATTEST: Gary D. Plotz, City Administrator 5(S)a . RESOLUTION NO. 12i 9ti RESOLUTION AUTHORIZING THE HUTCHINSON COMMUNITY DEVELOPMENT COMMISSION TO WAIVE DEVELOPER'S FEE WHEREAS, the city has entrusted the Hutchinson Community Development Commission, an EDA, with carrying out economic development activities for the city, and; WHEREAS, previously adopted policies occasionally need to be updated to reflect current economic realities, and; WHEREAS, EDA policy "A006," pertaining to the imposition of a developer's fee for projects requiring tax increment financing or tax abatement, may be counter - productive in the case of redevelopment projects, and; WHEREAS, the EDA has other means at its disposal to insure that it is reimbursed for any expenses incurred on behalf of a redevelopment project, and; WHEREAS, The Hutchinson Community Development Commission has carefully reviewed this issue and has passed a resolution recommending this change to the City Council, THEREFORE HE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, Authorizes the Hutchinson Community Development Commission, an FDA, to waive the developers fee for Redevelopment Tax Increment Financing Projects, if it is deemed necessary to do so. Adopted by the City Council this 10 day of June 2003. ATTEST: Gary D. Plotz Marlin Torgerson City Administrator Mayor 0 50'J � CHANGE ORDER NO. 1 CITY OF HUTCHINSON - ENGINEERING DEPARTMENT 111 HASSAN ST SE, HUTCHINSON MN 55350 (612) 234 -4209 Shoat 1 of 1 CONTRACTOR: Design Electrical Contractors Letting No. 2 Project No. 02.03 4211 Roosevelt Rd, P O Box 1252 St Cloud MN 56302 Project Location: Heritage Ave NW DESCRIPTION OF CHANGE: Equipment and labor charges for installation of Light Pole & Fixture at Heritage Ave - (pole & fixture furnished by City) Dated: 05/2712003 Item No. Spec. Ref. It Name Unit Quantity Unit Price Amount 9 Equipment & Labor for Installation of Light Pole & Fixture Lump Sum 1 $730.00 $730.00 NETDECREASE -- --- ----- -------------------- --- - -- ---- ---- ------------ - -- --^ -- ----------------------- $730.00 In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $ 730.00 (add)1(deducW.. An extension of -0- days shall be allowed for completion. The original completion date shall not be changed. ORIGINAL CONT T AMOUNT PREVIOUS DDITIONS /DEDUCTIONS THIS ADDITION /DEDUCTION TOTAL $71,077.0 $0.00 $730.00 $71,807.00 APPROVED: Con actor DATED: IDATED. APPROVED: Mayor 06/10/2001 APPROVED: irpctor o Erlgjneering DATED: J -. Z - U } APPROVED: City Administrator DATED: ,(C- i Memorandum TO: Mayor and City Council FROM: Brenda K. Ewin0ector of Human Resources RE: Employment Agreement Document - EDA Interim Director Position DATE: June 5. 2003 At the May 13, 2003, meeting, the City Council authorized staff to go forward with negotiations to fill the position of Interim EDA Director subject to an employment agreement or contract. A draft of the agreement was also reviewed and considered by the Council at the same meeting. Attached is the proposed employment agreement document that it proposed to be entered into between the City of Hutchinson and Lisa McClure for the position of Interim EDA Director due to the anticipated prolonged absence of Miles Seppelt, EDA Executive Director. It is requested that you consider the agreement and approve that the City may execute the agreement with Ms. . McClure. If you have any questions, please contact me at City Center. Encl. cc: Gary Plotz, City Administrator Marc Sebora, City Attorney J is EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into on by and between the City of Hutchinson, State of Minnesota, a municipal corporation, (Employer), and Lisa A. McClure , (Employee). WITNESSETH, WIIEREAS, Employer desires to employ the services of Employee as Interim EDA Director of the City of Hutchinson; and WHEREAS, it is the desire of the City Council (Council), to provide certain benefits, establish certain conditions of employment and to set working conditions of the Employee; and WHEREAS, it is the desire of the Council to: (1) secure and retain the services of Employee and to provide inducement for her to remain in such employment for the interim period; (2) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee; and (3) to provide a just means for terminating Employee's services at such time as she may be unable to fully discharge her duties or when Employer may otherwise desire to terminate her employment; and WIIEREAS, Employee desires to accept and continue employment as the Interim Economic Development Authority (EDA) Director of the City: • NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, Employer and Employee agree as follows: Section 1. Duties. Employer agrees to employ Employee as interim EDA Director to perform the proper duties and functions as outlined in the position description for Interim EDA Director and as the City Administrator, Council, and EDA Board of Commissioners may from time to time assign to Employee. Section 2. Term. A. Nothing in this Agreement prevents, limits or otherwise interferes with the right of the Council/City to terminate the services of Employee at any time for any reason subject only to the provisions set forth in Section 4, paragraphs A and B, of this Agreement. B. Nothing in this Agreement prevents, limits or otherwise interferes with the right of the Employee to resign at any time, subject only to the provisions of Section 4, paragraph C, of this Agreement. C. Employee agrees to remain in the exclusive employ of Employer and neither to accept other employment nor to become employed by any other employer during the term of her employment, unless other employment is specifically approved in advance by the City Administrator and the chair of the EDA Board of Commissioners. J The term "employed" is not to be construed to include occasional teaching, writing, consulting or imilitary reserve service performed on Employee's time off. Section 3. Suspension. Employer may suspend the Employee per Section 22, 2(C) of the City of Hutchinson Employee Handbook — Personnel Policy. Section 4. Termination. A. If the Council tenninates the Employee and at that time the Employee is willing and able to perform her duties under this Agreement, then in that event Employer agrees to provide a 30 -day notice of the intended termination date. If Employee is terminated because of conviction of an illegal act involving personal gain to her, gross negligence, willful misconduct or any other illegal acts Employer has no obligation provide said notice. B. If Employer at any time during the term of this Agreement (i) reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across - the -board reduction for all employees of Employer, or (ii) Employer refuses, following written notice to comply with any other provision of this Agreement benefiting Employer, or (iii) the Employee resigns following a suggestion, whether formal or informal, by the Council that she resign, Employee may, at her option, elect to be "terminated" at the date of such reduction or such refusal to comply within the meaning of . this section. C. The Employee will give Employer 30 days written notice in advance of resignation, unless the parties agree to waive this notice. Section 5. Salary. Employer agrees to pay Employee for her services rendered pursuant hereto a weekly base rate of 800.00 payable in installments at the same time as other employees of the Employer are paid, beginning on June 5, 2003 — Employer agrees to increase the base salary of Employee in such amounts and to such extent as the Council /City Administrator may determine that it is desirable to do so on the basis of a salary review of Employee made at the same time as similar consideration is given other employees generally. Section 6. Performance F,valuation. A. The City Administrator in coordination with the EDA Board of Commissioners may review and evaluate the performance of the Employee at least once during the term of this contract. The review and evaluation will be in accordance with specific criteria developed by the Employer. The criteria may be modified as determined by the City. 5Ld� is 11 B. The City Administrator in coordination with the EDA Board of Commissioners and Employee may define in writing the goals and performance objectives they jointly determine necessary for the proper operation of the City and the attainment of the Council's policy objectives and will further establish a relative priority among those various goals and objectives. The goals and objectives will generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In carrying out the provisions of this Section, the City and Employee mutually agree to abide by the provisions of applicable law. Section 7. Hours of Work. It is recognized that Employee may devote time outside normal office hours to business of the Employer; therefore, Employee will be allowed to take compensatory time off as deemed appropriate by the City Administrator during normal office hours. Section 8. Outside Activities. Employee will not engage in any work not connected with the business of the City without prior approval of the City Administrator. Section 9. Automobile. Employee's duties require the occasional use of an automobile. City will pay Employee the current IRS mileage rate per mile for the expenses incurred by F,mployce in the use of Employee's personally owned or leased automobile for City related travel. Section 10. Holidays and Military Leave. A. Employee will be paid for holidays designated by the City and paid to other full time City employees that occur during the tern of this contract. The following calendar days, and such other days as the council may fix, are paid holidays: 1 New Year's Day 5 Independence Day 2 Martin Luther King Day 6 Labor Day 3 President's Day 7 Veteran's Day 4 Memorial Day 8 Thanksgiving Day 9 Thanksgiving Friday 10 Christmas Day 11 4 -hour Individual Floating Holiday B. .Employee shall be entitled to military reserve leave time pursuant to state law and city policy. Section 11. Health Insurance. Employer agrees to provide and to make Employer designated portions of premium payments for Employee and dependents for the following insurance coverage. A. Medical Insurance. Employee may select the plan available to other city employees. sc�) Section 12. Retirement. As a part of salary paid by the employer to employee, employer agrees to pay any required contribution to the coordinated plan of the Public Employees Retirement Association. Section 13. Dues and Subscriptions. Employer agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for her continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for her continued professional participation, growth, and advancement, and for the good of the employer. Section 14. Professional Travel Expenses. A. Employer agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to pursue necessary official and other functions for Employer, including but not limited to the Minnesota League of Cities and such other national, regional, state and local governmental groups and committees thereof which Employee serves as a member. All out -of -stale travel is subject to the requirements of City Policy No. 3.23, Conferences & Seminars — Out of State. B. Employer agrees to budget and to pay for the travel and subsistence expenses of Employee for . short courses, institutes and seminars that are necessary for the good of the Employer. Section 15. General Expenses. Employer recognizes that certain expenses of a non - personal, job - affiliated nature are incurred by Employee and agrees to reimburse or to pay those general expenses. The City Finance Director is authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits in accordance with standard City procedures. Section 16. Indemnification. Minnesota Statutes 466.07 regarding indemnification shall apply. Section 17. Other Terms and Conditions of Employment. A. The City /Council may fix such other terms and conditions of employment as it may determine from time to time relating to the performance of Employee, provided those terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter, the City Code or any other law. B. Except as otherwise provided in this Agreement, all provisions of the City Charter and City Code, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, do not apply to Employee as they would to other employees of Employer. It is specifically noted that the provisions of the City policies refer to termination or 5t�) dismissal do not apply to this position. These provisions include, but are not limited to, Employee Handbook, Personnel Policy, Section 22(2)e — Dismissal and Section 22(4) — Hearing. Section 18. No Reduction of Benefits. Employer will not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across - the -board for all employees of the Employer or as otherwise agreed by Employer and Employee. Section 19. Notices Notices pursuant to the agreement are given by deposit in the custody of the United States mail, postage prepaid, addressed as follows: (1) EMPLOYER: City of Hutchinson, Minnesota 11 l Hassan Street SE Hutchinson, MN 55350 (2) EMPLOYEE: Lisa A. McClure 2715 16 "' Street S., #105 St. Cloud, MN 56301 • Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to process in a civil action. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States mail. Section 20. General Provisions. A. This Agreement constitutes the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Agreement is effective June 5. 2003 D. This Agreement may be amended at any time by mutual consent of Employer and Employee. E. This Agreement may be executed in any number of counterparts. T. This Agreement is in effect until June 1, 2004, unless otherwise amended by the City Council, or terminated under the provisions of this Agreement. IN WITNESS WHEREOF, the City of Hutchinson by its City Council has caused this agreement to be executed and delivered in its behalf by its Mayor and duly attested by its City Administrator, and the Employee has executed this Agreement as of the day and year first above written. 0 The parties hereto have executed this Agreement on Attest: Gary D. Plotz, City Administrator 0 0 THE CITY OF HUTCHINSON, MINNESOTA EMPLOYER LE Marlin Torgerson, Mayor EMPLOYEE Lisa A. McClure 5w) TITLE INTERIM EXECUTIVE DIRECTOR • DEPARTMENT ECONOMIC DEVELOPMENT 6 -2003 ACCOUNTABLE TO CITY ADMINISTRATOR WITH OVERSIGHT FROM THE EDA BOARD OF COMMISSIONERS SUMMARY THIS IS TEMPORARY ADMINISTRATIVE AND PROFESSIONAL WORK PROMOTING, FACILITATING, AND COORDINATING DEVELOPMENT ACTIVITIES FOR THE HUTCHINSON COMMUNITY DEVELOPMENT COMMISSION — AN ECONOMIC DEVELOPMENT AUTHORITY DUTIES AND RESPONSIBILITIES 1 Community Development Activities a Provides information and assistance to existing and new businesses and industries in locating, relocating, or expanding in the Hutchinson area. Initiates and assists with activities designed to attract new businesses and industries to the community. b Develops sources of prospective businesses and industries to relocate in Hutchinson. c Researches and analyzes business sites; assists developers in obtaining financing for projects; and provides technical assistance during the project. d Acts as a liaison with commercial/industrial/business developers, business owners, local commercial associations (downtown, Main Street, etc.), Minnesota Department of Trade and Economic Development, State Legislators, and any others as may be practical and necessary in . areas related to economic development. e Develops short and long range plans for economic development, evaluates potential projects to determine feasibility and community impact and makes recommendations to the Authority. f Researches, applies for, and administers any appropriate grant or loan programs related to industrial and commercial developments, redevelopments, rehabilitations, etc. Oversees programs. Coordinates efforts with other City staff. g Provides business information services such as research and customer services, and refers to other governmental services as appropriate. h Supervises the activities of the support staff including assigning and prioritizing work, evaluating work, training, interviewing and recommending hiring, discipline, etc. 2 Acts as a resource to the Hutchinson Planning Commission for business and industrial park issues or as requested. 3 Represents the Economic Development Authority at public meetings, hearings and conferences. Attends meetings of various committees and organizations as requested by the Authority, including but not limited to: City Council, Chamber of Commerce, City Planning Commission, and the Joint Planning Board. Attends other meetings as required. 4 Develops and conducts surveys, compiles results, prepares reports with the recommendations on a variety of development programs and projects. Prepares requested and required reports, including but not limited to area employment levels, etc. • 5 Promotes an awareness and involvement of economic development within the community. 5W) City of Hutchinson — Position Description Interim EDA Executive Director • G Coordinates all EDA volunteer committees. 7 Prepares and administers annual budget. S Performs related duties as required. EQUIPMENT Personal computer and related software, printers, copier, telephone, and fax machine. MINIMUM QUALIFICATIONS Bachelors degree with major coursework in finance, real estate, marketing, economics, local and urban affairs, or a related field. Minimum of one year experience in community or economic development. Comparable experience may be substituted for the minimum qualifications at the option of the EDA Board. DESIRABLE QUALIFICATIONS Working knowledge of: a) real estate, finance, land acquisition, disposition, marketing and related areas; b) industrial and commercial property development principles; c) governmental processes, services, planning, and economic research; d) laws, rules, and regulations related to development and financing. Considerable ability to: a) plan, direct, and coordinate development activities; b) communicate effectively both orally and in writing with state and federal agencies, private businesses, . elected officials, community volunteers, potential developers, city staff, and the general public; c) develop alternatives, determine costs, advantages, and disadvantages of alternatives. Working ability to: a) perform mathematical calculations, analyze data, and prepare reports; b) prepare and administer budgets; c) supervise staff and coordinate volunteers. F- L-1 WORKING CONDITIONS Temporary position subject to the provisions of an employment agreement. Office conditions. Some evening meetings and public contact. . jabs /ada -5.wp • CITY OF HUTCHINSON ADDENDUM TO JOB DESCRIPTIONS 1995 TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT (ADA) FOR POSITIONS. Administrative, Clerical. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and talk or hear. The employee is occasionally required to walk and use hands to finger, handle, feel or operate objects, tools or controls, and reach with hands and arms. The employee must occasionally lift and /or move up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderately quiet. The duties listed in job descriptions are intended only as Illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and Is subject to change by the employer as the needs of the employer and requirements of the job change. 11 Memo To: Mayor and City Council Front Jean Ward, Executive Directod -�( Date: 61WO03 Re: Request for approval of amendment to Resolution No. 11527 Resolution Supporting HRA to become an originating lender for the Fix -up Fund Loan Program (MHFA Home Improvement Loan Program), request for approval of revised Housing Rehabilitation Revolving Loan Fund Guidelines and request for approval of amendment to Resolution No. 10581 related to the authorization to administer City Housing Funds. Attached to this memo is a spreadsheet illustrating the current City of Hutchinson SCDP Revolving Loan Fund balances. As you can see, there is $41,736.38 available in the 1988 SCDP housing rehab program. Resolution No. 11527 allows allocating up to $25,000 from this fund for the MHFA Home . Improvement Loan Programs; however MHFA has changed its program to allow up to $35,000 for the Community Fix Up Fund. The Fix Up Fund Program may allow more than $35,000 on a case -by -case basis to address handicapped accessibility. Therefore, I am requesting that the $25,000 limit be removed from the resolution to match the MHFA current underwriting guidelines. In addition, the 1997 SCDP Revolving Rehab Loan Program has a balance of $35,374.20. At the May 20, 2003 HRA Board Meeting the revised guidelines were reviewed and approved. The HRA now requests your approval of the revised guidelines. The maximum loan amount available will be changed from $12,000 to $5,000 at a 3% interest rate with a maximum 10 -year mortgage and a minimum payment of $501 month. The loan to value ratio and debt to income ratio will follow the Community Fix Up Fund Loan Program. This money will likely be used in the Franklin Grove Neighborhood, although any property within the City of Hutchinson is eligible to receive this funding. In addition, Resolution No. 10581, dated November 14, 1991 only addresses authorization of the HRA administration of the Housing Rehabilitation Revolving Loan Fund. Since that time, the HRA has worked to secure other housing funds on behalf of the City of Hutchinson and proposes formal authorization for administration to include all City Housing Funds, including Revolving Rehab Funds, Revolving New Construction Funds, Entry Assistance Gap Funds, and the Affordable Housing Fee Fund. Thank you for your consideration of these revisions. G: HRAlmrresime o re City Housing Funds Ir 1 J e. RESOLUTION NO. 12192 RESOLUTION AMENDING RESOLUTION NO. 11527 IN SUPPORT OF THE HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BEING AN ORIGINATING LENDER FOR THE MUFA FIX -UP FUND (FUF) AND COMMUNITY FIX -UP FUND (CFUF) LOAN PROGRAMS. WHEREAS: The MHFA Fix -Up Fund (FUF) and Community Fix -Up Fund (CFUF) Program are already administered by the Hutchinson HRA and AND WHEREAS: The HRA is a one -stop shop for home improvement loan applicants, AND WHEREAS: These funds are a financing source with below market interest rates, AND WHEREAS: The FUF and CFUF are used to finance home repairs, remodeling and accessibility improvements for low and moderate income people, AND WHEREAS: These funds are an investment into the community for the preservation of existing housing stock, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota: . THAT, the City of Hutchinson approves the HRA being an originating lender for the MHFA Fix -Up Fund Loan Program and Community Fix -Up Fund Loan Program and will comply with MHFA current guidelines for these two programs. ALSO THAT the City of Hutchinson agrees to upfront and disburse funds to the borrowers for the MHFA Fix -Up Fund Loan and Community Fix -Up Fund Programs. Adopted by the Hutchinson City Council this_day of 200_ Marlin Torgerson Mayor Gary Plots City Administrator 0 0 RESOLUTION NO. 11527 RESOLUTION SUPPORTING HUTCHNSON HOUSING & REDEVELOPMENT AUTHORITY TO BECOME AN ORIGINATING LENDER FOR THE GREAT MNNESOTA FIX: -UP FUND AND HOME ENERGY LOANS WHEREAS, the MHFA Great Minnesota Fix -Up Fund and Home Energy Loan Program would complement the housing services the HRA already offers, and WHEREAS, the Hutchinson HRA could effectively identify eligible borrowers for the programs, and WHEREAS, the HRA would be a one -stop shop for rehab applicants, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota: THAT the City of Hutchinson agrees to up front and disburse funds to the borrowers along with allocating up to $25,000 of the City of Hutchinson Housing Rehabilitation Revolving Loan Fund to act as a loss reserve for the MHFA Home Improvement Loan Program. Adopted by the City Council this 11 U' day of July, 2000. z&L"'l Gary D. Pldtz City Administrator Lam' Marl' 6 Torgerso Mayor Y0 • 0 0 Resolution No. 12191 RESOLUTION APPROVING REVISED CITY OF HUTCHINSON HOUSING REHABILITATION REVOLVING LOAN FUND PROCEDURAL GUIDELINES WHEREAS, The Hutchinson Housing & Redevelopment Authority Board reviewed and approved the revised procedural guidelines at the May 20, 2003 Board meeting; And Whereas, The HRA recommends forwarding the procedural guidelines to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED, that the City of Hutchinson approves the revised City of Hutchinson Housing Rehabilitation Revolving Loan Fund Procedural Guidelines. Adopted by the City Council this day of Marlin Torgerson Mayor UJI0141 ATTEST: Gary D. Plotz City Administrator CITY OF HUTCHINSON HOUSING REHABILITATION REVOLVING LOAN FUND PROCEDURAL GUIDELINES 1. Purpose The City of Hutchinson through the rehabilitation revolving loan fund will provide assistance to eligible applicants for the rehabilitation of properties located within the City of Hutchinson. The goal of the City of Hutchinson's Housing Rehabilitation Program is to improve living conditions, upgrade and maintain the housing stock and to improve neighborhoods. The methods of program distribution and eligibility criteria are incorporated in this procedural guide. No person or business will be denied participation in the rehabilitation program due to their race, color, creed, religion, national origin, sex, marital status, reliance on public assistance, age, disability, or familial status. The Hutchinson Housing and Redevelopment Authority, on behalf of the City of Hutchinson, has been appointed Project Administrator. IT. Statement of Equal Opportunity in Housing Racial discrimination is a violation of the Civil Rights Act of 1966. In addition, the Civil Rights Act of 1968-contains a Federal Fair Housing Law (Title VIII), which establishes fair housing as the policy of the United States. It is the policy of the City of Hutchinson to work affirmatively to ensure that all persons, regardless of race, color, creed, national origin, sex, religion, marital status, age, handicapped status, reliance on public assistance, or familial status, will be treated fairly and equally for purposes of participation in the City of Hutchinson's Housing Rehabilitation Revolving Loan Fund. III. Data Privacy Information on program Applicants shall be gathered and released in accordance with the Minnesota Data Practices Act. All information including names, addresses, income and income sources, assets and assets sources, and financial reports will not be released without prior, written consent of the Applicant as specified by the ACT. The Data Release Form will be signed by the Applicant(s) and will inform the Applicant of what information will be released and to whom. lnformation will only be gathered and released for solely administrative purposes such as eligibility determination, administrative review, coordination and securing of leverage funds. Private information may be released to the following agencies or organizations: City Council of Hutchinson, the Hutchinson EDA, the Hutchinson HRA, Minnesota Housing Finance Agency, Rural Development, Lending Institutions and matching fund agencies, DTED, and HUD. TV. Conflict of Interest a. GENERAL CONDITIONS: No member of the governing body of the locality and no official, employee, or agent of the local government, nor the Hutchinson HRA, who exercises policy decision - making function or responsibilities in connection with the planning and implementation of the program shall directly or indirectly benefit from this program with the following exception: The authority may make a grant or loan 1of16 D(e0 from these funds to a public officer of the authority who applies, if the public officer first discloses, as part of the official minutes of a meeting of the authority, that the public officer has applied for the funds and the public officer abstains from voting on the public officer's application. This prohibition shall continue for one year after an individual's relationship with the Local Government or the Hutchinson HRA ceases. Specific prohibitions are as follows: 1. Program Participation: No member of the governing body of the locality, no official, employee, or agent of the local unit of government or the Hutchinson HRA, as defined above, shall accrue direct or indirect program benefits. 2. Contractual Relationships: No member of the governing body of the locality, no official, employee, or agent of the local unit of government or the Hutchinson HRA, as defined above, shall obtain direct or indirect interest in any contract, subcontract, or agreement in any activity in this program that provides financial compensation for services. 3. Prohibition Extensions: This prohibition extends to contracts or direct benefits in which a spouse, minor child or business partner may have personal or financial interest. b. Determination of Conflict of Interest: When questions arise or a situation is unclear an initial Opinion of Conflict of Interest shall be sought from the City Attorney. That Attorney's Opinion will outline areas that the situation is within or outside applicable Federal Regulations 24 CFR 570, Uniform Administration Requirements and State Statutes is412.311 or 471 -87 through 471.89. The Attorney's Opinion shall be forwarded to DTED Staff, and at DTED's discretion, shall be forwarded to the Minnesota Attorney General for the State's Legal Opinion. V. ELIGIBLE PROPERTIES a. Revolving Rehab loan funds will be used to improve properties that meet the following criteria: • The property must be within the City of Hutchinson. The property must be a homeowner occupied residential structure. • Owner Occupied Duplex Housing: Where Revolving Rehab loan funds are granted for rehabilitation of owner occupied duplex units, funds may only be used for: 1. Rehabilitation of the structural components of the dwelling 2. The internal components of the Owner Occupied portion of the dwelling • Funds may not be used for the internal components of the non -owner occupied rental unit of the duplex. If the rental unit is in need of rehabilitation, the owner will be referred to the MHFA HOME Rental Rehabilitation Program or the MHFA 6% Rental Rehabilitation Loan Program. 2of16 J` • The property to be improved must be a permanent structure. • The property to be rehabilitated must be considered suitable for rehab under local definition. No property deemed to be not suitable may be rehabilitated with Revolving Rehab loan funds. • Rehabilitation is not remodeling. Remodeling is for convenience or cosmetic purposes. Rehabilitation deals with, in order of priority: (1) health issues and safety issues and (2) energy conservation, as well as certain long -term preservation of structures such as siding, roofs and foundations. Certain types of rehabilitation can be viewed as lack of maintenance or deferred maintenance. Other types of rehabilitation needs can be viewed as items that wear out or need replacements because of obsolescence. Rehabilitable Building: A building is suitable for rehabilitation when it is structurally sound. To be rehabilitable, a building should be vertically plumb within three degrees and shall have no significant rot on the majority of the floor joists, studs or rafters that are weight bearing. Foundations and basement walls shall not be deteriorated to the extent or so out of alignment that they do not adequately support the building and can not be corrected without complete replacement. Generally, if the improvement costs for a structure are 50% more than the County Assessor's Office market value, the dwelling may be deemed not suitable for rehabilitation. An unsuitable unit is a substandard unit with serious defects and is not able to meet a majority of local standards and rehabilitation is neither practical nor economically feasible. • The property must be occupied by low /moderate income households as defined herein. • Property that is rehabilitated under this program will meet HQS as a minimum standard. Rehab work will also need to meet the 1998 State Building Code adopted by the City of Hutchinson. • No property located within a floodplain will be rehabilitated under this program. • No property may receive Revolving Rehab loan funds if the property has real estate taxes due and payable. • No property may receive Revolving Rehab loan funds unless the home is insured. VI. ELIGIBLE IMPROVEMENTS Improvements made with Revolving Rehab loan funds shall satisfy the following requirements: 3of16 5(o a. Health and safety needs and concerns within the housing units to be rehabilitated will always be considered the top priority for funding using Revolving Rehab loan funds. b. Each improvement must be a permanent general improvement. Permanent general improvements shall include alteration, renovation or repairs upon and in connection with existing structures, which correct defects and deficiencies in the property affecting directly the safety, habitability, energy consumption, or aesthetics of the property. c. Upon completion of the improvements, the structure must comply with the requirements of the 1998 State Building Code adopted by the City of Hutchinson and HUD Section 8 Housing Quality Standards. d. Each improvement must be made in compliance with all applicable health, fire prevention, and building codes, provided, however, that no application shall be denied solely because the improvement will not bring such property into full compliance with these codes. e. No Revolving Rehab loan funds shall be used in whole or in part for the purpose of refinancing or paying off an existing indebtedness. All such funds must be used to finance improvements begun after program application. VII. INELIGIBLE COSTS a. The following list of items is examples of what cannot be funded with Revolving Rehab . loan funds as part of the rehabilitation program. Ineligible improvements include, but are not limited to: 0 1. Air conditioning; except if verified by a physician ordered for a medical condition. • Central, new installation. • Room air conditioning. 2. Landscaping. 3, Fireplaces. 4. New construction. 5. Wind generation devices. 6. Window/Door coverings: blinds, curtains, drapes, shades. 7. Out buildings, including sheds, utility buildings, barns, silos, new garages, etc. 8. Wood burning stoves. 9. Heat systems located outside the living space of the structure. 10. Recreational or entertainment facilities including swimming pools, temris courts, saunas, decks and patios. 11. Assessments for public improvements. 12. Improvements begun prior to approval of the program application. 13. Upgrades to specifications above standard grade for rehabilitation. 14. Appliances 15. Other items deemed not appropriate to the program. 4of16 154c�) VIII. ELIGIBLE RECIPIENTS a. Ownership Requirements: The homeowner must individually or in aggregate have a qualifying interest in the property consisting of at least: 1. A 1/3 interest in the Fee Title. Such interests must be subject to a mortgage, and must demonstrate the ability to secure the signatures off all remainder men and spouses with interest in the property as loan guarantors and must appear on record with McLeod County; 2. A 1/3 interest as Purchaser in a Contract for Deed. Such interests must secure the signatures of all parties and spouses that have interest in the property both as Contract Vendor(s) and Contract Vendee(s) and must appear on record with McLeod County; 3. A valid Life Estate. Life Estates must appear in the records of McLeod County with all remainder men listed. Two Thirds (2/3) of the remainder men must sign the mortgage as loan guarantors; b. The housing rehabilitation program is designed to be of 100 percent benefit to households of low to moderate incomes. This will be achieved by following the gross income limits as set by the Department of Housing and Urban Development for the Section 8 Existing Housing Program. These limits shall be adjusted periodically upon HUD notification of income revisions. c. Eligible recipients for housing rehab must have household incomes that do not exceed the HUD Section 8 area median income according to family size. d. Income for the purpose of this rehabilitation program shall be defined as gross annual income projected for the next twelve months, whenever possible, including salary, commissions, bonuses, interest, dividends, tips, capital gains or sale of securities, annuities, pensions, rental property income (adjusted as allowed by the IRS), partnerships, estate or trust income, child support, alimony, social security, aid for families with dependent children and miscellaneous income. Gross annual income from self employment shall be deemed to be the average net profit from said self employment, as declared by the applicant in Schedule C, F or E, Part III, as appropriate, of the United States Internal Revenue Service Form 1040, or any other such schedule as may be hereafter promulgated, but including all depreciation as income, for the past three years. e. All income shall be verified in writing. The following examples listed below are considered acceptable. 1. An income verification sheet that is signed by a third party at the source of income. 2. The previous three years tax returns shall be used for those applicants who are self - employed or having variable incomes. 0 3. Signed third party verifications from banks, savings and loans, insurance companies, etc. 5of16 NO f. There will be no asset limitation associated with the Revolving Rehab loans. i VII. IMPROVEMENT PRIORITIES The main and foremost improvement priority for this rehabilitation program is directed to the health/safety of project residents_ The priorities are as follows: Priority No. 1 Health and safety improvements are the primary emphasis of the rehabilitation efforts to be conducted in the project area. As such, they are mandatory requirements. These improvements are as follows in their sub - categorical ranking: 1. Fire detection/safe and obstructed egress 2. Electrical code violations 3. Surface impermeability to weather, water and rodents 4. Plumbing violations/deficiencies 5. Adequate and sanitary food preparation areas 6. Accessibility modifications for physically handicapped household member(s). PriorityNo. 2 Energy improvements are also a primary improvement to be conducted in conjunction with health and safety improvements. Improvement priorities are based upon the improvement's estimated energy cost savings per year that will be provided to the household after rehab. *1, Furnace replacement 2. Attic insulation Wall insulation 4. Storm doors 5. Storm Windows 6. Rim joist insulation 7. Door /window weather - stripping * Furnace replacement could, very well, be placed as a No. 1 Priority depending upon the nature and severity of the existing defects. if it is deemed to be a threat to health/safety of the housing occupants, it will receive a No. 1 Priority. PrioriNo. 3 Basic housing quality components are secondary improvements to be conducted after the health/safety and energy improvements are addressed. These improvements are generally deferred maintenance items and major improvements which will need attention in the immediate future, but which are functional at the present time. They include items such as the following: *1. Roofing 2. Painting 3. Window replacement 6of16 * Roofing could be a No. 2 Priority depending upon the nature and severity of the project. 0 VIII. APPLICATION AND APPLICA'T'ION SELECTION L J The City /HRA will be approving applications from homeowners on a first come first served basis, based on the date and time an executed application is received by the HRA office. IX. PROJECT FUNDING a. The amount of the loan shall not exceed $5,000 at 3% interest with a maximum I0 -year term and a minimum payment of $50 per month. All loans will be secured with a mortgage on the properly. b. The Loan to Value Ratio and the Debt to Income Ratio underwriting guidelines will follow the Community Fix -Up Fund (CFUF) Program. c. An administration fee to the Hutchinson HRA will be according to the Board approved HRA fee schedule available upon request for HRA. d_ Tnspection fee will be the current fee charged by Mid - Minnesota Development Commission. XIL REPAYMENT OF SCDP FUNDS a. Revolving Rehab Loan shall be secured by a Mortgage and Repayment agreement. b. In the case of the Revolving Rehab Loan, all persons who signed the application for a loan must enter into an agreement with the City of Hutchinson for repayment of the loan. The agreement shall provide that: • In the event that the improved property is sold, transferred or otherwise conveyed within the repayment period, the recipient shall repay all of the Revolving Rehab Loan. c. The repayment agreement shall be subordinate to funds provided by private lending institutions and other leveraging sources. d. That if the Revolving Rehab Loan funds are used for purposes other than an eligible improvement upon an eligible property, or if the application is found to contain a material misstatement of fact, then the recipient of the deferred loan shall be liable for 100 percent repayment of the deferred loan. e. That the recipient of Revolving Rehab Loan shall be required to notify the City of Hutchinson immediately upon the sale, transfer or conveyance of the improved property. f. That if the recipient no longer occupies the property, the recipient would be obligated to pay the Revolving Rehab Loan in full at that time. 7of16 ((;) X111. INSPECTIONS OF PROPERTY (H OS Inspection) 0 a. Once an applicant has been determined eligible for Revolving Rehab Loan funds: 1. The HRA Housing Inspector will conduct both the Lead Risk Assessment and a Housing Quality Standards (HQS) property inspection. 2. The Housing Inspector will determine the work necessary to bring the property into compliance with: a. Generally Accepted Community Standards b. Minnesota Energy Efficiency Standards as is practical c. Other standards as required by the Grant Agreement 3. The Housing Inspector will then prepare a Scope of Work (work write -up) that will rectify violations to the housing standards, and local codes. The Scope of Work shall contain the following: a. instructions to the bidder b. Bid proposal c. Program warranties d. General conditions e. Special Conditions f Diagrams and layouts as appropriate or needed g. Cost estimate for the file Any ineligible cost (not stated in the Scope of Work) that is done during the rehabilitation process shall be paid for by the owner, over and above what the Revolving Rehab Loan funds are being used for. XIV. REHAB LOAN REVIEW PROCEDURE a. Each individual rehabilitation project will be presented to a Representative of the HRA Loan Review Committee for a HRA Board Recommendation after eligibility requirements have been investigated, the property has been inspected, work write -ups have been completed, bidding process is complete, and project cost has been determined. The HRA Loan Review Committee will be presented with a Project Presentation Form that will discuss the project, but not divulge any information that would violate privacy requirements. b. The HRA Loan Review Committee members will sign the Project Presentation form 8of16 5(o c. After approval by the HRA Board, a date for loan closing shall be set. If the project fails to . meet an eligibility requirement or is not recommended for approval by the BRA Loan Review Committee, the applicant shall be informed in writing by the Housing Rehabilitation Loan Coordinator within ten working days and shall be informed of the appeal process. At the time of loan closing, the owner match will be required and put into an escrow account. XV, ELICIBLE CONTRACTORS AND BIDDING PROCEDURES b. All General Contractors must complete a Contractor's Application to participate in the Revolving Rehab Loan Program and must furnish the BRA with copies of: Certificate of insurance and Contractor's Licensing or Certificate of Exception. Upon IIRA review and approval of the above documents, the contractor may then be awarded a contract. c. When lead hazard reduction is required by the risk assessor, lead trained workers will be required on the project. Certification of training must be on file at the HRA office. d. The contract is between the applicant and the contractor. The applicant will be provided a list of the HRA approved contractors to choose from. However, an applicant is free to choose any licensed contractor whom the applicant may desire. c. Contractors will he allowed to bid on any and all rehabilitation projects. However, no single contractor will be allowed to work on more than three rehabilitation projects at one time. f. The contract shall be awarded to the lowest base bid unless one of the following circumstances occurs: 1. The bid is determined to be unrealistically low by the BRA and the contractor agrees to withdraw the bid. 2. The contractor has failed to follow the procedures as outlined in the instructions to the bidders. 3. The homeowner does not want the low contractor to perform the work and agrees to pay the difference between the lowest bid and the preferred contractor's bid. 4. There appears to have been collusion between two or more contractors in which case all bids under question will be thrown out and different contractors solicited for bids. 5. The contractor fails to bid according to the specifications and it proves impossible to compare that contractor's bid with the other contractor bids. g. A minimum of two bids shall be solicited for each improvement project. Bidding shall be done on a general contractor basis, unless under certain cases, it will be a significant cost benefit to the homeowner to bid out the individual projects separately. The BRA Staff will make this decision. In the event only one bidder responds the bid will be compared to the cost estimate to determine whether the bid is reasonable and can be accepted. The HRA Staff/Inspector will make this decision on a case -by -case basis. 9of16 h. The HRA will periodically do press releases about the project to encourage contractor participation. Encouragement of women and minority -owned business to participate will be included in the press releases. i. A contractor must perform all portions of the work. XVI. BID SUMMATION AND FINANCIAL PACKAGING a. Bids will be presented to the property owner. b. Upon acceptance of a bid by an applicant, the HRA will, working with the property owner, package the project according to: 1. Eligibility of the property owner 2. Availability ofNon- Revolving Rehab Loan funds, and 2. The appropriate level of Revolving Rehab Loan funding c. The loan package shall include: 1. The applicant's household composition 2. Applicant's gross income 41 3. Estimated market value of the property 4. Property location 5. Applicant's equity in the property 6. Proposed rehabilitation activities 7. Revolving Rehab Loan funding requested S. Other funding to be used in the project d. The HRA staff prepares the necessary repayment agreements, mortgage and other legal necessary documentation. e. A mortgage shall be placed on the property for the full amount of the Revolving Rehab Loan dollars spent on the project. f. The property owner shall be responsible for paying the recording fee of the mortgage. g. Closing will then take place with the property owner and other appropriate parties to the closing. h. Three days after closing the HRA will issue a Notice to Proceed to the accepted contractor(s). 10 of 16 �j(eJ XVIL CONTRACT PERFORMANCE . a. The Notice to Proceed allows the contractor 90 days to complete, except that weather dependent work on projects where the notice to proceed is issued too late in the building season will allow additional days as determined by the HRA. Change Orders are required to extend ALL contracts. Change orders to the contract: 1. Require the signatures of the: a. Homeowner b. Contractor c. HRA Housing Rehabilitation Coordinator or Program Specialist d. The Housing Inspector, and e. The Project Director 2. Will be allowed only for the following reasons: a. To rectify hidden deficiencies that are discovered once the work has begun b. To change a approved work specification due to unforeseen difficulties arising after the work has begun that force a delay c. To address a deficiency that was inadvertently dropped from the project during project packaging d. The work is weather dependent and weather conditions have not allowed the completion of the work. c. The homeowner preferred contractor is too heavily committed to perform the work within the allotted time and the contractor requests an extension along with a work schedule acceptable to the homeowner and HRA. f Unforeseen difficulties develop with the approved work and forces a delay. b. Interim inspections will be performed by the HRA to monitor work progress and quality of workmanship. c. If a dispute arises between a property owner and a contractor, the HRA Housing Rehabilitation Coordinator will attempt to find a means of resolving the dispute. if a solution cannot be found, either party may then appeal the HRA Loan Review Committee and the Project Director- their decision will be final. d. A contractor's contract may be terminated for any of the following reasons: 11 of 16 J( ) . 1. Poor work performance on the job site and the demonstrated inability to rectify the poor workmanship. The cost of repairing poor workmanship shall be deducted from any amount owed to the initial contractor for work completed. 2. Causing undue damages to a homeowner's property and the inability or unwillingness to correct the damages. The cost of repairing the damages will be deducted from any money owed the contractor for work already completed. 3. The contractor lacks sufficient insurance coverage. 4. The inability of the contractor to perform the work within the allotted time. 5. Unreconcilable and unreasonable differences between the contractor and the property owner. 6. The contractor requests to be removed from the contract. There will be no penalty associated with this request as long as the request is made within 30 days of receiving the Notice to Proceed. 7. Contractors who are removed from a contract shall be removed from the approved contractor's list and shall be prohibited from being awarded any contracts with this program until such time as the problem has been corrected and HRA might reinstate their approved status. XVHi. PAYMENT a. All contractors will agree to the payment schedule contained within the contractor's application, which is as follows: 1. No pre - payments are allowed for any reason. 2. Partial payments will be allowed only for completed portions of the project. 3. Payments will be made only after the work is completed according to the specifications contained within the Scope of Work and meets with the approval of the applicant and the HRA after inspection. 4. Payments will be made only upon presentation of the following documents: a. Billing statement b. Lien waiver c. Sworn Construction statement . d. Completion Certificate 12 of 16 5( NIX. PROJECT FILES . a. HRA staff shall maintain files on each applicant throughout the duration of the project. Those files shall include the following: Section A - File Checklist 1. Homeowner Application 2. Property Presentation Form /Approved by HRA Loan Review Committee 3. Application and Rehabilitation Process Form 4. Income Verification Form a. Employment Verification b. Second Employment Verification C, Self - employment Income d. Bank Verification e. Ul /General Assistance /AFDC Grant Verification C. Social Security Verification f. Pension/Retirement Verification g. Child Support 5. Property Tax Verification 6. Title Verification Form 7, Property Insurance Verification 9. Photo Release Form 10. 11, 12, 13. 14. Sei 1. . 2. 3. Property Owner Conditions Property Inspection Completed Guidelines for Subordination Requests Fair Housing Certification Form Eligibility/Non- Eligibility Letter soon B - File Checklist Contractor Application Change Orders (if applicable) Specifications for Rehabilitation (Notice to Bid) 13 of 16 5l 0 . 4. Notice to Proceed 5. Contractor /Property Owner Agreement/Property Owner Conditions 6. Certificate of Contractor Insurance 7, Contractor Award Notice 8. Contractor Non -Award Notice 9, Proposal Form/Bid Specification 10. Copies of Proposals Received 11. Bid Tabulation Section C - File Checklist 1, Revolving Rehab Loan Mortgage and Repayment Agreement 2. Documentation of Non - Revolving Rehab Loan Finances (if applicable) . 3. Notice of Right of Recission 4. Truth in Lending Statement Section D - File Checklist 1. Notice to Proceed 2, Contractor Payment Request 3. Sworn Construction Statement 4, Completion Certificate 5. Lien Waiver 6. Field Inspection Report Section E - File Checklist 1. Copy of Filed Repayment Agreement 2. Copies of forms as appropriate are appended. . b. HRA at its option may accept documentation and verification from other agencies working with the same applicant. Other agencies at this time are: 14 of 16 1. MHFA • 2. Heartland 3, Rural Development E XX. APPEALS a. If an applicant /property owner's application is denied for any reason or is dissatisfied with the level of assistance received, the following procedure is to allow for a standardized appeal /complaint process for all applicants of the Revolving Rehab Loan Program. b. In the event of denial or a complaint, the applicant/complaint: Will be informed of the appeal process. 2. Will be given a copy of the appeal process. 3. Will be given a written notice clearly stating under what condition that the application was denied. c. The applicant who wishes to appeal the denial of benefits must submit their appeal within 14 days of receipt of denial either orally or in writing to the HRA staff. That appeal must state: 1. The reason(s) for the appeal. 2. Information that the applicant believes is pertinent to the appeal. d. If the applicant is not satisfied with the decision of the HRA staff, an appeal may made in writing to the Project Director, within 14 days of decision by the Housing Rehab Coordinator. The Project Director shall review all written appeals with the HRA Loan Review Committee. e. Further appeal may be made to the HRA Loan Review Committee by appearing in person before the committee. The Project Director shall respond to the applicant in writing within 15 working days of appearing before the committee: 1. The results of the review 2. An explanation of the findings XXL GENERAL CONDITIONS a. No project maybe started until: 1. Grant dollars are made available 0 2. HRA has issued a Notice to Proceed 15 of 16 5j e) b. Any work done on a project prior to these steps will mean that part of the project is ineligible for funding. c. The proceeds received from the repayment of Revolving Rehab Loan will go back into the Revolving Rehab Loan fund to provide funds for rehabilitation projects on an ongoing basis. XXII. MARKETING a. The program administrator, on behalf of the City of Hutchinson, will conduct outreach within the community by utilizing the below listed methods as necessary and/or appropriate: 1. Issue press releases advertising community meetings regarding project both to local print and broadcast media. 2. Develop posters and brochures and post them in prominent areas in the community if necessary. 3. Make direct mailing of program information to the homeowners in the target areas if necessary. 4. Work with Heartland Community Action Agency and other social service agencies to make sure handicapped and minority households are informed of the Revolving . Housing Rehabilitation Program. XXIII. AMENDMENTS, DIRECTIVES a. These procedural guidelines may be amended or supplemented from time to time by the City of Hutchinson by issuance of revised pages to be effective as of the date of issuance. G: /HRA /City Housing Rehab Revolving/Procedural Guidelines 5 -20 -2003 Approved 16 of 16 RESOLUTION NO. 12190 AMENDING RESOLUTION NO. 10581 AUTHORIZING THE HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY TO ADMINISTER THE HOUSING REHABILITATION REVOLVING LOAN FUND This Resolution is made and entered into this 10`h day of June, 2003, by the Hutchinson City Council. Recitals: The City of Hutchinson, through the Hutchinson Housing and Redevelopment Authority, provides assistance to eligible applicants of housing programs through repayment of housing SCDP revolving funds for rehabilitation and new construction, entry cost assistance funds, and the affordable housing fee fund. 2. The majority of funds were originally provided to the City in the form of a SCDP grant from the Department of Trade and Economic Development. Funds for entry cost assistance came from the Rolling Meadows Building Better Neighborhoods project and the Affordable Housing Fee fund comes from a 1% developer fee in new developments. 3. By virtue of action of the Hutchinson City Council in December, 1994, the . Hutchinson Housing and Redevelopment Authority (HRA) was charged with the responsibility of administering the City of Hutchinson Housing Rehabilitation Revolving Loan Fund. 4. This Amending Resolution is for the purpose of documenting the administration authority of housing programs including the following: Housing Rehabilitation Revolving Loan Fund, New Construction Housing Revolving Loan Fund, Entry Assistance Program Fund and Affordable Housing Fee Fund. NOW THEREFORE, BE IT RESOLVED BY THE HUTCHINSON CITY COUNCIL AS AND FOR THE CITY OF HUTCHINSON, AS FOLLOWS: The Hutchinson Housing and Redevelopment Authority is authorized to administer the housing program funds as listed above. 2. The authority of the HRA to administer housing program funds extends to and includes, but is not necessarily limited to, the extension of, and security for, loans within the City of Hutchinson. Also included, is the right to act on behalf of the City of Hutchinson to agree to subordinate the interests of the City of Hutchinson to other loans and obligations pursuant to such policies and procedures as are adopted by the Hutchinson Housing and Redevelopment Authority. 3. Procedural guidelines for SCDP revolving housing programs shall be approved by . the City Council for the City of Hutchinson. �� CC� E Adopted by the City Council this 10`h day of June, 2003. Gary D. Plotz City Administrator 0 • Marlin Torgerson Mayor RESOLUTION NO, io5ai THIS RESOLUTION is made and entered into this 141.1, day of November, 1995, by the Hutchinson City Council. RECITALS: 1. The City of Hutchinson, through the Hutchinson Housing and Redevelopment Authority, provides assistance to eligible applicants for rehabilitation of private properties using repayment of small cities development program funds. 2. said funds were originally provided to the City in the form of a grant from other governmental agencies. 3. By virtue of action of the Hutchinson City Council in December, 1994, the Hutchinson Housing and Redevelopment Authority (HRA) is charged with the responsibility of administering the city Of Hutchinson Housing Rehabilitation Revolving Loan Fund. 4. This Resolution is for the purpose of documenting the transfer of authority for administration of the City of Hutchinson Housing Rehabilitation Revolving Loan Fund. NOW THEREFORE, BE IT RESOLVED BY THE HUTCHINSON CITY COUNCIL AS AND FOR THE CITY OF HUTCHINSON AS FOLLOWS: 1. The Hutchinson Housing and Redevelopment Authority is authorized to administer the Housing Rehabilitation Revolving Loan Fund. 2. The authority of the HRA to administer the Housing Rehabilitation Revolving Loan Fund extends to and includes, but is not necessarily limited to, the extension of, and security for, loans for the improvement of real estate within the city limits of the City of Hutchinson and all other necessary and incidental purposes as outlined in the procedural guidelines of the City of Hutchinson Housing Rehabilitation Revolving Loan Fund. Specifically included within said authority is the right to act on behalf of the City of Hutchinson to agree to subordinate the interests of the City of Hutchinson to other loans and obligations pursuant to such policies and procedures as are adopted by the Hutchinson Housing and Redevelopment Authority. 3. The authority granted to the HRA by this Resolution is strictly limited to the Housing Rehabilitation Revolving Loan Fund and the City Council for the City of Hutchinson reserves the right to withdraw said authority at any time. All procedural guidelines for the Housing Rehabilitation Revolving Loan Fund shall be approved by the City Council for the City of Hutchinson. .5(o r� LJ E J IN WITNESS WHRREOF, the City Council for the City of Hutchinson has approved this Resolution the day and year first above written. Attest: Gary D. P otz City Administrator CITY OF HUTCHINSON Marls Ton org�, Mayor 1988 SCCP Program Income 1997 SCDP Program Income Rehab Cum. New Const. 1999 SCBP Program Income Revolving Rehab Loan Program Revolving Rehabs Loan Program Balance Cum. Balance Revolving New Const. Loan Program ,Balance as of 1213111999 23,746.70 $23,746.70 $0_80 Source Date Amount Rehab Gum. New Const. leideoker 1)2812003 100 Balance Curn.3alance 2Q912003 80 4x1812000 80 5i2512GOD 80 M 312000 80 812912000 80 Total 2000 Revenues Sot? Balance as of 1213112000 24,246.70 $24,246.76 $0..00 NOW IM Source bate Amount Rehab Cure. New Const.. Halek 62212001 138.12 Balance Cum. Balance (Loan Payoff) Hei ticker 62712001 9988.81 Halek 71612001 138.12 Source Date Amount 'Loan Payoffl Halek 725/20 01 7224.63 Flexure /6/2001 1.450.98 Available Balances as of 12131101 41,736.38 1,4513.98 $43,187.35 $0.00 Source Date Amount Rehab Cum. New Const. Balance Corn. Balance Keeler 2/2 1 20 2 8,286.43 Luebke 9/312002 13,695.50 I Total 21,981.93 Available Balances as of 09104102 41,736.38 23,432.91 $65,169.29 $0.00 y - -_ - -. £ Todnem` 1215 }2002 11,941.29 Rehab Gum. New Const. Source Date Amount Johnson 212112003 7,750.00 Balance Cram. Balance Av ilable Balances as of 04108103 41,736.381 35,374.20 7,750.00 Closed after reportin2 period to DTFD 9130/2002 s _POP .� -ice - - -. -: .9Niy Furrshb Ffvraly rfGity of h[uti5inntvcalving Lean [an i • • Citv Housing Funds Entry Entry Assistance Gap Revolving Rehab Affordable Revolving New Grand # Date Original I Reallocation Total Loan Fund Housing Fees Const. Gap Fund Total $7,920.001 $9,500.00! $17,420.00! $77,110.581 $8,503.90 $7,750.00 $11%784.48 1 , 2 — - 3 I - 4 Total $17,420.00 $77,11D.58 $8,503.90 $7,750.00 $110,784.48 5 6 7 I _ I 8 -- — 9 � WERAMRA Housing Funds 4i 10/2003 -- — 11 Memo To: Mayor and City Council From: Jean Ward, Executive Director Cate: 613/2003 Re: Proposed Resolution Approving City participation in the Rolling Meadows East Development Because the Greater Minnesota Housing Fund requires the City to contribute 5 to 10 percent of the total development cost and because the Greater Minnesota Housing Fund and the Minnesota Housing Finance Agency has approved funding for this project, pending formal City approval of its participation, the attached resolution formally approves the City participation described in the application and in the attached spreadsheet. The Hutchinson HRA is pleased that this extension of the Rolling Meadows neighborhood will provide additional quality and affordable housing to working families in Hutchinson and requests your approval of the proposed resolution. 0 5(-�) Resolution No. 12193 Resolution Approving the City of Hutchinson Participation at Rolling Meadows East, Building Better Neighborhoods Program Whereas, the City Council approved supporting the Building Better Neighborhoods Program Development, Rolling Meadows East, June 25, 2002 with Resolution No. 11963 Whereas, City Participation, which is outlined in Rolling Meadows East Participation Attachment, will include an assessment credit, land acquisition credit, bonding for infrastructure, waiving affordable housing fee, and using the City Equity Gap Fund, Whereas, Minnesota Housing Finance Agency (MHFA) has approved $250,000 for gap financing for Rolling Meadows East pending formal approval of City participation, Whereas, Greater Minnesota Housing Fund (GMHF) has approved $150,000 for gap financing for Rolling Meadows East pending formal approval of City participation, Whereas, GMHF has approved Rolling Meadows East as a Building Better Neighborhood project, which includes Construction Financing of $384,000 (2% for 3yrs) and Land Acquisition Financing of $182,500 (2% for 3yrs), pending formal approval of City participation, Whereas, being approved under GMHF, Building Better Neighborhoods Program, Rolling Meadows East is also eligible for first mortgage financing under the MHFA's Community Activity Set -Aside (CASA) Program, which are below market interest rate mortgages, Now Therefore, Be It Resolved by the City Council of the City of Hutchinson that: The City of Hutchinson approves the City Participation for the Building Better Neighborhoods, Rolling Meadows East. Adopted by the City Council this day of 2003 Marlin Torgerson Mayor • ATTEST: Gary D. Plotz City Administrator J�� Resolution No. 11963 A RESOLUTION SUPPORTING THE EXTENSION OF ROLLING MEADOWS, BUILDING BETTER NEIGHBORHOODS PROGRAM WHEREAS, quality and affordable housing is vital to working families within the community of Hutchinson; and, WHEREAS, an extension of the Rolling Meadows neighborhood would provide for proper housing needs to area residents; and, WHEREAS, the Hutchinson Housing and Redevelopment Authority supports the extension of the Rolling Meadows project; and, WHEREAS, by contributing the financial equivalent of between 5 to 10% of the total development costs, the City is eligible for funding (gap financing) through the Greater Minnesota Housing Fund's (GMHF) Building Better Neighborhoods Program; and, WHEREAS, GMkIF gives preference to or requires that projects have financial contributions at the local level to be eligible for funding; NOW THERFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCJ"SON THAT: The City of Hutchinson supports the extension of the Rolling Meadows project and participating in the Building Better Neighborhoods Project. Adopted by the City Council this 2P day of June, 2002. F54 to 0 tf-w _ �A� �. .�sW WMarlin orgerSon r. Gary D • G City Administrator Mayor 0 Rolling Meadows East Participation Estimate 30 lots @ $6550 partic €pationllot l o TDC) Est Goat 196,500 il-tl s TDC $131,000 Participation: BBN Lot BBN Gap Total Assessment Credit $ 124,000.00 $ 4,133.33 30 lots Participation) Land Acquistion Credit $ 38,7.00.00 $ 645.00 60 lots i BBN Lot Interest Savings-Bond financing infrastructure $ 6,000.00 {$300,000'.02): $ 100.00 60 lots Waive Affordable Housing Fee (W Eng review fee) $ 8,854.00 $ 147.57 60 lots HRA Down payment Assistance Account $ 16,500.00 $ 550.00 30 lots City Equity Gap $ 33,674.00 $1,122.47 30 lots Total Participation $ 227,728.00 Per BBN Lot $ 5,025.90 $ 1,672.47 30 lots $ 6,698.37 Total Direct Credits to Reduce Lot Cost $ 4,778.33 -- I 1 HRA1Rollin Meadows ExtensionICIty Participation 49 0 • 0 January 6, 2003 Jean Ward, Director Hutchinson HRA 111 Hassan Street SE Hutchinson, MN 55350 RE: 2003 Housing Community Development Plan Rolling Meadows Expansion Dear Jean: Hutchinson City Center 111 11a d Street S6 Hutchinson, MN $5350.2522 329- 5V-515llFM 320.2344240 As we have discussed, I have reviewed several issues brought up during previous meetings on the proposed Rolling Meadows. These are based on discussion with Dolf Moon (Director of Parks, Recreation/Community Education) and John Olson (Assistant Public Works Director). We are proposing a maximum street width of 32' for all roads within the plat. Some internal roads may be allowed to be narrower. Texas .Avenue will haye parking restricted to one side. The Golf Course Road realignment is a state -aid street (not officially within plat) and it will be a limited - access minor arterial or collector route of wider width. A traffic signal is eventually to be constructed at Golf Course Road and State Highway 7. Golf Course Road and Texas Avenue are both proposed to have 10' bituminous paths that will link to the City's trail system. Our policy has been to not accept parks smaller than 10 acres or so, and to not develop "neighborhood" parks, due to the costs to develop and maintain numerous small parks. However, due to the type and location of surrounding development, the City would support development of a neighborhood park in the approximate location shown on the preliminary concept plans. Due to limited park development revenues, we are asking that the land be dedicated and park development fees be collected for the area. We will utilize fees from future neighboring development to complete development of the park site. If another park is considered east of the new Golf Course Road, a low- maintenance design featuring prairie grass and wild flowers would be acceptable, or it could potentially be maintained by an association of homeowners. • In regards to assessment credits, it has been the policy of the City Council that new developments pay 100% of their related infrastructure costs. In this case we have proposed that a significant portion of the Golf Course Road development be paid by the City of Hutchinson through the designated utilization of Municipal State Aid funds (figures previously supplied to the HHRA). We will also consider covering the costs of trail development in the plat. We have already proposed to acquire some of the adjoining property from the project developer. Ptintnd on �ydcd popce Although we have not constructed alleys in the City for many years, we are definitely open to the construction of new, paved alleys. Snow removal on alleys will be completed separately from the main streets, however. This may mean that alleys are attended to after other streets are completed. Will still expect that this work would generally be completed by about 8 a.m. after snow events. We are also very supportive of the development of sidewalks. Sidewalk maintenance and snow removal will be the responsibility of the adjacent property owner. Staff is very excited about this potential development and we will be open to discuss other innovative solutions and ideas that would support the development of neighborhoods such as Rolling Meadows. Please note that, although we have discussed these issues with the City Council, and fully expect their support, we as staff cannot guarantee that all of the above positions will be supported by the City Council. Jdhn P. Rodeberg, •E• Director of Engirt ering/Public Works cc: Gary Plotz — City AdtniniWator L 5(�) Street and Storm Sewer Cost Frontage West Side 1,141.15 FF East Side 866.70 FF Total 2,007,85 FF Typical Street Assessment $155 per FF (includes typica street/storrn sewer cost +trajl/sidewalk) Potential Assessment $311,216.75 City/State Aid Credlt $233,412.56 (aty proposing to pay for 314 of typical cost) Corner Credit $14,850.00 gassurnes 3 "corner Credits of 132' each) Expected Assessment $62,954.119 Land Acquisition Cost of added aciguls Potential purchase price $5,000.00 (based on in-place city policy reqWrign land dedication up to 80') Actual purchase price W1700.00 (based on actual procedures and costs utilized) u! NOTE: Not all credits noted will apply in all circumstances. It could be reasonably assumed that approximately half these credits would normally be given, used on the project circumstances. `J Minnesota Housing Finance Agency 400 Sibley Strcct • Suite 300 • Saint Paul, MN 55101 -1998 651.296.7608 800.657.3769 tdd 651.297.2301 www m�]fa.ttan.mr. us May 27, 2003 Ms_ jean Ward 13utchinson Housing and Redevelopment Authority 111 Hassan Street SE City Center lfutchinsonMN 55350 RE: Notification of Minnesota Housing Finance Agency Single Family Community Revitalization Fund (CRV) Award and Program Information CRV Fund Agreement 1D Number: 4- 2003 -11 -CRV Dear Ms. Ward: Congratulations[ Your CRV application for funding through the Single Family Request for Proposal has been approved. The project /program you proposed was approved for funding as described in Attachment A. In many cases, funding was reduced from the maximum /minimum request and therefore MHFA has had to reduce the number or type of units proposed. it is your organization's responsibility to understand any program revisions that may be stated above and adjust your proposed plan accordingly. If your organization is unclear as to what MHFA expects from the description above, please contact staff immediately for clarification. Your organization has been assigned a CRV Fund Agreement LD. Number for this funding round. Your I.D. Number can be found on the lop of this letter and also on the lop of your enclosed CRV Fund Availability, Disbursement and Loan /Grant Agreement. Please use your ID Number on all correspondence you submit to MHFA in regards to this CRV funding award. The amount awarded and the type of financing the MHFA will be providing to your organization (i.c. deferred loan, construction financing, or a grant) through the Single Family RFP, is noted on the enclosed Agreement. If your organization is being co- funded by the Greater Minnesota Housing Fund, Family Housing Fund and /or Metropolitan Council, you will receive an agreement /contract directly from them. Enclosed you will find two copies of the CRV Fund Availability, Disbursement and Loan/Grant Agreement. Please read the enclosed Agreement thoroughly, sign both copies and return both to MHFA. MHFA will execute the Agreements and return one for your organization's records. The enclosed A reement must be returned to MHFA within 60 da s of receipt or the fund commitment will automatically expire No funds will be disbursed to yo ur organization until the A reements have been executed and returned to MHFA. 4ual Oppvrtun+q' Hourrue ovd Fqu lOppuremrlg, Fmplorwnf 5 %-�) 0 0 April 25, 2003 Jean Ward Hutchinson Housing & Redevelopment Authority 111 Hassan Street SE Hutchinson, MN 55350 Re: Homebuyer Gap Financing for Rolling Meadows East Dear Jean: GREATER MiNNE50TA HOUSING FUND 332 Minnesota Street, Suite 1310 -East Saint Paul, Minnesota 55101 651- 221 -1997 1- 800 - 277.2258 fax 651- 221.1904 e -mail: 9mhfQ9 mhf.com Congratulations! The Greater Minnesota Housing Fund (GMHF) has awarded homebuyer gap loan financing to Rolling Meadows East in Hutchinson. The funds are designed to provide homeownership opportunities for low- and moderate- income buyers by increasing affordability and reducing monthly payments. Project award anrounk $150,000 Conditions of funding: Provide gap financing to at least 10 households purchasing newly- constructed homes Maximum gap loan of $15,000 per household Terms: Zero- percent interest deferred loan (co- terminus with buyer's first mortgage) Other conditions: See enclosed information The enclosed information package describes the terms of the gap financing loans and the documents needed to close the loans. You will find the following information in this package: ❑ Letter of Agreement to process GMHF loans • Gap financing program and underwriting information • Key documents, including GMHF Gap Financing Form, note, mortgage, request for notice of foreclosure, and repayment agreement ❑ Need -based gap loan formula and instructions on disk ❑ Gap financing procedure manual This award has been approved under the GMHF Building Better Neighborhoods Program. As a result, the project is eligible for first mortgage financing under the Community Activity Set -Aside (CASA) program. Please see the enclosed information about CASA for information about how to apply for these funds. 5(- ) Please note that this letter is a notification of funding and does not constitute a commitment to finance. Please review all information in this package carefully and promptly return the Letter of Agreement to GMHF. GMHF must approve all gap financing loans before closing. If you have any questions, please call Dan Jenney or Jeremy LaCroix at (800) 277 -2258. Congratulations on your award! We look forward to working with you and appreciate your support of affordable homeownership opportunities in Greater Minnesota. Sincerely, am� Warren Hanson President Enclosures C, J J 5c- 0 April 25, 2003 Jean Ward Hutchinson Housing & Redevelopment Authority 111 Hassan Street SE Hutchinson, MN 55350 GREATER MINNESOTA HOU5ING FUND Re: Land/Infrastructure and Construction Financing Award for Rolling Meadows East Dear Jean: 332 Minnesota Street, Suite 1310 -Fast Saint Paul, Minnesota 55101 651.221 -1997 1- 800.2772258 Fax: 651 - 221.1904 e -mail: gmhM9mhf,eom Congratulations! Greater Minnesota Housing Fund (GMHF) has awarded Construction and Land Acquisition financing to the Rolling Meadows East Building Better Neighborhoods project in Hutchinson. This funding is awarded under the following terns and conditions and submission of specific (legal) documentation necessary prior to loan closing. Construction Financin Loan Amount: $384,000 Conditions of funding: funds to be used for construction only Terms; 2 %, 3 years. 50 % of homes built with GMHF financing must be BBN home designs Repayment; principal will be due in equal installments upon the sale of the last 4 houses built with GMHF's construction financing. The interest will be calculated based on the date each payment of good funds associated with the sale of a particular house is received by GMHF. The cumulative payment for interest shall be repaid upon the sale of the last house or at the end of the 3 -year temr, whichever comes first. Land Acquisition Land Acquisition Loan Amount: $182,500 Conditions of funding: funds to be used for land acquisition only Terms: 2 %, 3 years Repayment: principal shall be repaid in equal installments at the sale of each house. The interest will he calculated based on the date each payment of good funds associated with the sale of a particular house is received by GMHF. The cumulative payment for interest shall be repaid upon the sale of the last house or at the end of the 3 -year term, whichever comes first. Please note that this letter is a notification offunding approval and does not constitute o commitment to finance. As we all know, there are many factors which affect a housing development's budget. Therefore, the actual amount of the award may be adjusted upon review of the final project development sources and uses. In the interim, we ask that you notify the Greater Minnesota Housing Fund of any significant changes from your original proposal. r1 RESOLUTION NO. 12194 RESOLUTION UPDATING BUSINES SUBSIDIES CRITERIA WHEREAS, Minnesota Statutes, Sections 116J.993 through 116J.995 (hereafter referred to as "the Statutes ") as amended, require the updating of previously adopted criteria for the granting of business subsidies as defined in the Statutes, and; WHEREAS, the Hutchinson Community Development Commission, an Economic Development Authority, has determined that it is necessary and proper to update the city's business subsidies criteria pursuant to the Statutes, and; WHEREAS, the Economic Development Authority has performed all actions required by law prior to the approval and adoption of the proposed business subsidy policy, including the holding of a public hearing upon published notice as required by law on June 10, 2003; 40 THEREFORE BE IT RESOLVED THAT TIIE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, That the Business Subsidy Criteria contained in Exhibit "A" of this resolution are hereby adopted and shall be on file at the office of the Hutchinson Community Development Commission; Adopted by the City Council this 10t' day of June, 2003. ATTEST: Gary D. Plotz City Administrator E Marlin Torgerson Mayor co (a) City of Hutchinson Business Subsidy Policy Introduction This Policy is adopted for the purposes of the business subsidies act (the "Act "), which is Minnesota Statutes, Sections 116J.993 through I I6J.995, as amended. Terms used in this Policy are intended to have the same meaning as used in the Act, and this Policy shall apply only with respect to subsidies granted under the Act if and to the extent required thereby. While it is recognized that the creation of good paying jobs is a desirable goal that benefits the community, it must also be recognized that not all pr(kiects assisted with business subsidies derive their public purposes solely by virtue of job creation. In addition, the imposition of high job creation requirements and high wage levels may be unrealistic and counter- productive in the face of larger economic forces and the financial and competitive circumstances of an individual business. The City further believes that each economic development opportunity offers its own unique benefit to the community whether it be retail, commercial or industrial in nature. 'T'hese benefits may be in the form of added tax base, new or retained jobs, higher incomes, overall investment in the area, business diversification and / or increased Is economic activity and vitality. The Hutchinson Economic Development Authority was established in order to promote job creation, redevelopment and investment in the community as well as to expand the city's tax base and diversify the city's industrial, commercial and retail base. To effectively promote economic development within the city, be competitive vis -a -vis other communities and meet the diverse needs of business and industry, the EDA must have use of all the economic development incentives and tools legally available to it. The use of these incentives and tools cannot be judged nor can they be provided by a single measure, but must rather be evaluated in terms of community need, market trends, job creation, capital outlay and / or technology. Intent to Retain Flexibility Because it is not possible to anticipate every type of project that may provide benefits to the City, the City shall retain the option of amend or waive sections of this policy when it is determined to be necessary and / or appropriate. Minnesota Statute 116J.994, Subd. 2 allows the City to deviate from its criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the State. 0 �) (0) Job Creation & Wage Guidelines Assistance may be provided as follows: Project Type Retail Commercial Industrial 1 FT or FTE for each Job Creation Goal At least 1 FT or FTE At least 2 FT or FTF $25,000 in assistance provided. At least 100% of At least 125% of At least 175% of Wage Coal Federal Minimum Federal Minimutu Federal Minimum Wage ($5.15 / hr.) Wage ($6.44 / hr) Wage ($9.01 / hr) Adopted by the Hutchinson Community Development Commission, an Economic Development Authority, on March 28, 2003. Public hearing held and policy adopted by the Hutchinson City Council on June 10, 2003. • (0(G) . RESOLUTION NO. 12183 RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES WHEREAS, The Director of Engineering and the Police Chief agree that the following areas have traffic control concerns which warrant traffic control devices, and; WHEREAS, the Hutchinson City Council bas the authority to establish locates as points where traffic control devices shall be erected, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: That the Council hereby establishes the following traffic control devices: 1. "HANDICAPPED PARKING," which shall be effective for the following location: a. On Huron St SE, adjacent to 533 Huron St SE. Costs to be borne by requesting party. 2. "NO PARKING ", which shall be effective for the following locations: a. CORNER TO HERE: On 5`h Ave SW and Main Street South on both sides of each street from their intersection to a point 60' from the right -of -way (sight corner) b. ANY TIME: On South Grade Rd SW west of the intersection with School Rd SW to Honey Tree Road on both sides (sight distance and safety). c. ANY TIME: On South Grade Rd SW at its intersection with Lakewood Dr SW, for 300' in either direction on both sides (sight distance and safety. d. ANY TIME: On Roberts St SW from the intersection with 8` Ave SW to South Grade Road on the west side (narrow road and safety). e. CORNER TO HERE: On Merrill St SW at its intersection with South Grade Rd SW for 60 feet north of intersection on east side (sight distance and safety). f. CORNER TO HERE: On Lewis Ave SW at its intersection with School Rd SW for 60 feet east of intersection on south side (sight distance and safety). g. NOV 1 TO APR 1; 2 AM to 6 AM: Mahogany Ct SW from south intersection with Roberts St SW to north intersection with Roberts St SW, both sides (snowplowing). h. ANY TIME: On Echo Dr SW at its intersection with Echo Cir SW for 175 feet south of the intersection on the east side (parking area relocation). i. REMOVE PARKING RESTRICTION: On Echo Dr SW at its intersection with Freemont Ave SE for 345 feet north of the intersection on the west side, except for area with marked curb (parking area relocation). S (a) • RESOLUTION NO. 12183 RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES (Cont.) Page 2 3. "STOP ", which shall be effective for the following locations: a. REMOVE: On Hillerest Rd NE at its intersection with College Ave NE b. INSTALL: On College Ave NE at its intersection with Hillerest Rd NE o, INSTALL: On Prairie View Dr SW at its intersections with West Shore Dr SW d. INSTALL: On Blackhawk Dr SW at its intersection with Century Ave SW e. INSTALL: On Blackhawk Ct SW at its intersection with Century Ave SW f INSTALL: On Bluejay Dr SW at its intersection with Century Ave SW 4. "YIELD ", which shall he effective for the following locations: a. INS'T'ALL: On Lyndalc Ave SW at its intersection with Merrill St SW b. rSTALL: On Wagner St SW at its intersection with Goebel St SW And that all other traffic control devices now existing at these locations shall be removed. . Adopted by the City Council this 10th day of June, 2003. ATTEST: Gary D. Plotz City Administrator Marlin Torgerson Mayor I Tublic WorkskResolutionslTRAFFIC \TrafCo72 5- 27 -03.da vaj • RESOLUTION NO. 12183 RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES WHEREAS, The Director of Engineering and the Police Chief agree that the following areas have traffic control concerns which warrant traffic control devices, and; WHEREAS, the Hutchinson City Council has the authority to establish locates as points where traffic control devices shall be erected, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: That the Council hereby establishes the following traffic control devices: 1. "HANDICAPPED PARKING," which shall be effective for the following location: a. On ILuron St SE, adjacent to 533 Huron St SF.. Costs to be home by requesting party. 2. "NO PARKING ", which shall be effective for the following locations: a. ANY TIME: On Roberts St SW from the intersection with 8"i Ave SW to South Grade . Road on the west side (narrow road and safety). b. CORNER TO HERE: On Merrill St SW at its intersection with South Grade Rd SW for d. INSTALL: 60 feet north of intersection on east side (sight distance and safety). c. CORNER TO HERE: On Lewis Ave SW at its intersection with School Rd SW for 60 f INSTALL: feet east of intersection on south side (night distance and safety). d. NOV I TO APR 1; 2 AM to 6 AM: Mahogany Ct SW from south intersection with Roberts St SW to north intersection with Roberts St SW, both sides (snow plowing). e. ANY TIME: On Echo Dr SW at its intersection with Echo Cir SW for 175 feet south of the intersection on the east side (parking area relocation). f REMOVE PARKING RESTRICTION: On Echo Dr SW at its intersection with Freemont Ave SE far 345 feet north of the intersection on the west side, except for area with marked curb (parking area relocation). 11 3. "STOP ", which shall he effective for the following locations: a. REMOVE: On Hillcrest Rd NE at its intersection with College Ave NE b. INSTALL: On College Ave NE at its intersection with Hillcrest Rd NE c. INSTALL: On Prairie View Dr SW at its intersections with West Shore Dr SW d. INSTALL: On Blackhawk Dr SW at its intersection with Century Ave SW e. INSTALL: On Blackhawk Ct SW at its intersection with Century Ave SW f INSTALL: On Bluejay Dr SW at its intersection with Century Ave SW izaV -, 5a RESOLUTION NO. 12183 . RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES (Cont.) Page 2 4. "YIELD ", which shall be effective for the following locations: a. INSTALL: On Lyndale Ave SW at its intersection with Merrill St SW b. INSTALL: On Wagner St SW at its intersection with Goebel St SW And that all other traffic control devices now existing at these locations shall be removed. Adopted by the City Council this I Oth day of June, 2003. ATTEST: Gary D. Plotz City Administrator Marlin Torgerson Mayor hPublic WodcslRasolWonsITRAFFIC TrafCo42 5- 27.03.doe L J 0 E MEMORANDUM TO: City Council FROM: Bonnie Baumetz, Planning Coordinator Hutchinson City Center 111 Hassan Stmet SE Hutchinson, MN 551511.2522 320. 587.5151 /Fax 320. 234.4240 DATE: May 22, 2003 SUBJECT: Temporary Sign Request by United Way Ms. Connie Walters contacted me regarding the possibility of placing a temporary sign in • Library Square for approximately 6 weeks. My response to her was to make a request, in writing, to the City Council asking to use City property for the sign. As you will recall, we now have an ordinance regulating temporary signs in the City. There is a permit application, a fee and a deposit required for this type of signage. She is also requesting to waive the fees and deposit. If you approve the request, I would suggest Ms. Walters be required to contact Dolf Moon, Director of Parks and Recreation, to determine placement of the sign in the park. The sign will be in place during the Arts and Crafts Fair in the Park and it would be in the best interest of the City to have the Park Department involved with determination of placement for this sign and any other requests made for temporary sign placement on City property. I have attached Ms. Walters request and a copy of the present Temporary Sign Ordinance. Primed ,m mUycied paper - L United Way of Hutchinson Area May 19, 2003 Hutchinson Area United Way Dear City Council Members, 12 Main Street South, Hutchinson, MN 55350 Phone: 320 -587 -5252 Fax: 320 -587 -4752 Email: hchamber @hutchtel.net The Hutchinson Area United Way is requesting a temporary sign permit to used during the 2004 campaign drive. This permit is to display a "Thermometer ", that will be used to monitor progress in reaching our goal. This project will be completed by a Boy Scout member, Aaron Burkstrand, with the help of his grandparents, Dennis and Barbara Burkstrand. This project for Aaron is part of his goal to become an Eagle Scout. The 'Thermometer" has no final plans at this point. . We believe the approximate size to be 9 to 10 feet tall and 2 feet wide. We understand that we will comply to all City of Hutchinson guidelines with the final plans. 0 Hutchinson Area United Way would like to display the 'Thermometer" in Library Square for a time period starting September 10, 2003 and to conclude October 31, 2003. Upon approval of this permit, we request that fees and deposits to be waived for our non - profit organization, Sincerely, Connie Walters Hutchinson Area United Way Board Member /Secretary "IT BRINGS OUT THE BEST IN ALL OF US" gcb) AN ORDINANCE, AMENDING SECTION 10.14 REGULATING PORTABLE SIGNS IN ALL ZONING DISTRICTS SECTION 3: DEFINITIONS SIGN, PORTABLE/TEMPORARY: A sign designed to be moved from place to place and not intended for permanent business signage. 10.14 SIGNS SIGN STANDARDS BY ZONING DISTRICT (2)(d) Portable Signs: Portable /Temporary signs are allowed by permit. Portable/Temporary signs may not be displayed for more than seven (7) days and must be removed immediately after the event advertised. A deposit (amount to be determined by City Council resolution) is required and will be returned only if the sign is removed within seven days of the permit date. The applicant must reclaim the deposit when the sign is removed. If the sign remains after seven days, the City will utilize the deposit to remove the sign. Portable/Temporary signs may not be placed in the public right -of -way, be flashing, have moving parts or be fastened to any pylon or light pole. Portable Temporary sign permits will not be issued to a property more than 3 times within a calendar year. CI C. I < (1) • 1997 Edition - Electronic Format AIA Document B141 - 1997 Standard Form of Agreement Between Owner and Architect with Standard Form ofArchitect rs Services TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER 5PECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT rnade as of the 22 day of9ay in the year (In wards, indicate da); month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and otherioformation) Adhpu-Qflchtns0n n and the Architect: (Name addressandolherinformation) 1' -M m 2641 T vndale Avenue South. Sui[e 100 Rich fiel Minnesot8. 55423 For the following Project: (ImIude dceaikd dcscripNon olPro)cctJ QQQ Sqgart,feet in a n tl r stru ture. Tom] sit e a gll1ThY the Owner is, 19.074 square TJ Site rnprovernf,01's shall u i d diaccnt s ewallc an e ri -of-vva All -of-w• ar i 11 c- c. Storm water re, etcua droll be uff� The Owner and Architect agree as follows. ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following hems by inseruPS the requested infbrmation or a statement such as 'trot applicablr," 9mknown at inleo( execution "or m bedeterrninedlaterby mllnrslsgretlneOf. ) ® 19 926, 48, . 195 , 958, y 963, ly , 196 , .1974, 7, 198 , 9 y e American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates V.S. copyright laws and will ubject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordarxe with your license without violation until the date of expiration as noted below. expiration as noted below. Uscr Document: 9*141,aia -- S222003. AIA License Number 1017145, which expires on 91302003. t This document has important legs! consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF TM5 ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. r�+Nli>t iy Irrtw� ® 1997 AIACb AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, ❑,C. 20006.5297 6 CC1 1.1.2 PROJECT PARAMETERS 11.2.1 The objective or use is: (identify or desrribe, i(appropriale proposed use argods.) •' jyjytptpa�jquor Store with possible leasable tenant space. 1.1.2.2 The physical parameters arc: (Identify nr describe ifappropriatn size, lmdaon, dimensions, or other pertinent informalion, such asgeolechnical r:tionsabout the site) i r li r Bit PrograrD set in the RU f gablished the wn -14 t building of X1.4 million. 11,2.3 The Owner's Program is: (Identifydw,,lenta/ion or stele the naannerM which the program will be developed.) To be driermjnr� 1.1.14 The legal parameters are: (Identify penineut legal information, ine'Ir,ding, if appropriate, Land surveys and legal descriptions and reslnctions of Mcsite.) The site is comnr ° °� ^r three 1 "ull parcels and one part' areal totaling- ,1�.4Z�quar 1.1.2.5 The financial parameters areas follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: To be determined. .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is:'I'o be determined, 1.1.2.6 The time parameters are: (Id e.Nify. i /apprnprieta milesturredates, durations arras( tFwkschcduhig.) Desistu � d Cor,ti rencricm rn he �within une� 1.1.2.7 The Proposed procurement or delivery method for the Project is: . (/de t1tymethodsuchm oompelitivebid, negnttatedcontrdct, orcnnstructioumandgement.) Compgririve bidding tither throuHh n ��i n Manages men} nr a Cnmbinatlon Of the twSllllthQd,i 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the om*, loch as energy, envimnrnental or histone preservation FWU1re/1cntr.) None 1.1.3 PROJECT TEAM 1.1.31 The Owner's Designated Representative is: Oast name, address and other information.) —MAU2—a=PdI I EDA Director CAY of Hutchinson 1.1.12 The persons or entities, in addition to the Owners Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and otherinformation.) 1.133 The Owner's other consultants and contractors are: (Liar hscip11e,ind,if known, iden(7ythem bymdn1e2md8ddms5.) ® 1917. 1926, 1948, 195 , lic 53, 19 9 66, 19 . 19 4, 9 , 1997 by The American Institute of Architects, Reproduction of the material herein or substantial gaolation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the •AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97bl41.aia .- 512212003. AIA License Number 1017145, which expires on 9/308003. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY U51NG AIA DOCUMENT 0401. r�l ® 1997 AIA(E) AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W- Washington, D.C. 20006.5292 6(C) Civil En gyn=7 To Be Det=ined land-Survagir, Soi�urity Phnnn ,,.,d tiara Consultant - To Be Determined eya, POS Consultant - To Be Determined • r'ivnrrec & Equipiric nt - TO Bel2e1efi11i0f,d 1.13.4 The Architect's Designated Representative is: (Lisr name, address and other information.) DAn kdjia�R 1.13.5 The consultants retained at the Architect's expense are: (Lyrt discipline and, ifknorm, identify them byname and address) This document has important legal mechanical and Electrical Engineers: TO 1k Determined consequences- Cansultation with an To 1Q Detpr attorney is encouraged with respect to Structural pgineer: 1iM*,d its completion or modification. 11.4 Other important initial information is: AUTHENTICATION OF THIS ELECTRONICAUY DRAFTED AIA 11.5 When the services under this Agreement include contract administration services, the DOCUMENT MAY BE MADE BY U5ING NA DOCUMENT D401. General Conditions of the Contract for Construction shall be the edition of AlA Document Azol current as of the date of this Agreement, or as follows: 1.1.6 The information contained in this Article l.r may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation- Both parties, however, recognize that such information may change and, in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Paragraph 1.33• ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. •1.2.2 OWNER 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. .r 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the t�i overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the ~r�ti Architect to a corresponding change in the Project scope and quality. 0� 1.2.2.3 The Owner's Designated Representative identified in Paragraph 1.1.3 shall be AIA DOCUMENT 8141 - 1997 authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's STANDARD FORM AGREEMENT Designated Representative shall tender decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential The American Institute of Architects progress of the Architect's services. 1735 New York Avenue N.W. Washington, D.C. 70006 -5 29 2 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorise the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of lire Project. 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, © 19 1926, 1951, 19 1, 19 1967, 19 0, 196 , y e merican Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the �violator to legal prosecution, WARNING: Unlicensed photocopying violates U.S. copyright laws and will subjec the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97bl41.aia -- 517712003. AIA License Number 1017145, which expires on 9130/2003, VI J mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 1,23 ARCHITECT This document has important lesal 1.23.1 The services performed by the Architect, Architect's employees and Architect's consequences. Consultation with an consultants shall be as enumerated in Article 1.4. attorney is encouraged with respect to its completion or modification. 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with AUTHENTICATION OF THIS professional skill and care and the orderly progress of the Project. The Architect shall submit for ELECTRONICALLY DRAFTED All the Owner's approval a schedule for the performance of the Architect's services which initially DOCUMENT MAY 9E MADE BY USING shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which shall be AIA DOCUMENT D401. adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Architect's behalf with respect to the Project. 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's . consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. 1.23.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 The Architect shall he entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ® 1997 AIA® AIA DOCUMENT 8141 - 1997 ARTICLE 1.3 TERMS AND CONDITIONS 5TANDARD FORM AGREEMENT 1.3.1 COST OF THE WORK The American Institute of Architects 1.31.1 The Cost of the Work shall be the total cost or, to the extent the Project is not 1735 New York Avenue N.W. completed, the estimated cost to the Owner of all elements of the Project designed or specified Washington, D.(:. 30006.5297 by the Architect. ® 7, 9 948, , 95 , 58, 19 .196 1970, 1 77, 9 , ®199 y e American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United 5tates and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U -S- copyright laws and will «subject the violator to legal prosecution. This document was electronically produced with permission of the ALA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97bl41,aia •• 5122/2003. ALA License Number 1017145, which expires on 9130/2003. 86 --) 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including die costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or other costs that are the responsibility of the Owner. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 13.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architec['s consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the dale the Architect is adjudged in default of this Agreement, the foregoing license shall he deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credenlialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for . purposes of completing, using and maintaining the Project. 13.23 Except for the licenses granted in Subparagraph 1.3.2.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Subparagraph 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 1.3.2.4 prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the formal of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. 1.33 CHANGE IN SERVICES 7, 19 1948, 1, 9 1958, , 1963, 6, 9 7 y e American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNINGS Unlicensed photocopying violates U,S. copyright laws and will � ubject the violator to legal prosecution. This document was electronically produced with permission of the IA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97b141.aia -- 5/2212003. AIA License Number 1017145, which expires on 9180/2003. S This document has important legal consequences. Consultation with an attorney is emouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AtA DOCUMENT 040 ?. (D 1997 AIA© AIA DOCUMENT B141-1997 5TANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W, Washington, D.C. 20006 -5292 8Cc) 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Paragraph 1.5.2, and to any Reimbursable Expenses described in Subparagraph 1.3.9.7 and Paragraph 1.5.5• 1.33.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; 3 decisions of the Owner not rendered in a timely manner; .4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; 7 change in the information contained in Article 1.i. 1.3.4 MEDIATION 1.3.41 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a conditinn precedent to arbitration or the . institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 6o days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 1.3.4.3 T'he parties shall share the mediators fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 1.3.5 ARBITRATION 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Paragraph 1 3.4. O 19 1926, 48, 9S , 1953, 8, 1961, 196 , .1967, 19 74, 197 9 y e mencan Institute of Architects. Reproduction of the material herein or suhstantial quotation of its provisions without written permission of the AIA violates the copyright laws of the Uniled 5tates and will subject the violator tv legal prosecution. WARNING; Unlicensed photocopying violates U.5, copyright laws and will s'I" the violator to legal prosecution. This document was electronically produced with permission of the I�IA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 976141,aia -- 51222003. AIA License Number 1017145, which expires on 9/3017003. G This documenf has important I egaf consequences- Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF TM5 ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY U51NG AtA DOCUMENT D401. r.rr1� trlrrrlw ® 1997 AIAQ� AIA DOCUMENT 6141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006.5292 9 (G1 13.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. 13.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the dale when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity 1101 named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 13.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Paragraph 1.3.8. 0 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Paragraph 1.4.2. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 1.3.7.4 To the extent damages are covered by properly insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. ®1.17,1, lSi2j, . 195 1, 3, 1958, 1961, 1963, 19 , 1970, 9 , ® 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United states and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates u -S. copyright laws and will "object the violator to legal prosecution. This document was electronically produced with permission of the IA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Documenl: 97bl41.aia -- 5127J2003. AIA license Number 1017145, which expires on 9/30/2003. This document has important legal mrtsequences. Consultation with an attorney Is encouraged with respect to its completion or modificarion. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. �a nrrrlllrlr ® 1997 AIAW AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 70006 -5297 8�C) 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. • 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The �a Architect shall be given reasonable access to the completed Project to make such However, the Architect's materials shall not include the Owner's confidential rhisdocumenthasimporranrlegal has import representations. or proprietary information if the Owner has previously advised the Architect in writing of the consequences. consultation with an attorney is encouraged with respect to specific information considered by the Owtler to be confidential or proprietary. The Owner its completion or modification. shall provide professional credit for the Architect in the Owner's promotional materials for the AUTHENTICATION OF THIS Project, ELECTRONICALLY DRAFTED AIA When the Project is resumed, the Architect shall be compensated for expenses incurred in the DOCUMENT MAY BE MADE BY U511VG 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of AIA DOCUMENT D401. certificates shall be submitted to the Architect for review at least 14 days prior to the STANDARD FORM AGREEMENT such requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 1.3.7.9 The Owner and Architect, respectively, hind themselves, their partnets, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner not the Architect shall assign this Agreement wilhouLthe written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. ht such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under (Iris Agreement- if the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be �a paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 014 1.3.8.2 If the Project is suspended by the Owner for more than 3o consecutive days, the �R Architect shall he compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining 1997 AIA® AIA DOCUMENT 9141- 1997 services and the time schedules shall be equitably adjusted. STANDARD FORM AGREEMENT 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than yo The American Institute of Architects consecutive days, the Architect may terminate this Agreement by giving not less than seven 1735 New York Avenue N.W days' written notice. Washington, D.C. 20006 -5292 7, 19 948, 953, H 1963, 19 7, 970, 977, 1987, 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document 97bl41.aia -- 5/22/7003. AIA License Number 1017145, which expires on 9/30/2003. o 6C0 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 1.3 -8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 1.18.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Subparagraph 1.3.8.7- 1.3.8.7 Termination Expenses are in addition to compensation for the services of the This document has important legal Agreement and include expenses directly attributable to termination for which the Architect is consequences. Consultation with an not otherwise compensated, plus an amount for the Architect's anticipated profit on the value attorney is encouraged with respeet to of the services not performed by the Architect. its completion or modification. AUTHENTICATION OF THIS 1.3.9 PAYMENTS TO THE ARCHITECT ELECTRONICALLY DRAFTED AIA 13.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred DOCUMENT MAY BE MADE By USING D401. shall be made monthly upon presentation of the Architect's statement of services. No AIA DOCUMENT deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. 13.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: 1 transportation in connection with the Project, authorized out -of -town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; reproductions, plots, standard form documents, postage, handling and delivery of .3 Instruments of Service; 4 of overtime work requiring higher than regular rates if authorized in expense advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in of that normally carried by the Architect and the Architect's consultants; excess .7 reimbursable expenses as designated in Paragraph 1.55; .8 other similar direct Project - related expenditures. ■r... 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient Z0, times. rw r�i: tl�trrrrra 1.3.9 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel ®1997 AIA® -4 engaged on the Project and the portion of the cost of their mandatory and customary AIA DOCUMENT B141 - 1997 contributions and benefits related thereto, such as employment taxes and other statutory STANDARD FORM AGREEMENT employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and The American Institute of Architects similar contributions. 1735 New York Avenue N.W. ARTICLE 1 -4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS Washington, D.C. 20006 -5292 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior 48, 9 195 , 958, 1963, .1967, 9 974, 19 , ®19 y T e American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will ubject the violator to legal prosecution. This document was electronically produced with permission of the IA and can be reproduced in accordance with your license without violation until the date of expiration as �i noted below. expiration as noted below. User Document: 97bl41.aia -- 5122/2003. AIA License Number 1017145, which expires on 9130/2003. Q 8 CO negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. 1.4.1,1 Standard Forth of Agreement Between Owner and Architect, AIA Document B141- 1997 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document B141 -1997, or as follows: (1,iSf other document.,, ifatry, delineating Archiforf's scope ofservices.) Nanc 1.4.13 Other documents as follows: (List other documents, ifany, forming part o2he Agreement.) Outlina pEQI2QaaI for P essional ervicQs dated April 21. 2003 attached as Ex ibit ,4'. 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: ARTICLE 1.5 COMPENSATION 1,51 For the Architect's services as. described under Article 1.4, compensation shall be computed as follows: 8% of the total _ . _ r' tc ac deft ncd i this �erecmen[ including any Construct on Manaezment fce- ex mnses and work. 1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3 -1, the Architect's compensation shall he adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Paragraph 1.5.2, in an equitable manner. (Insert hank ofcompensanon, including razes and nrpltiples ofDirecl personne/6xpense for % Hncipals and empinyees; and identify principals and classify employees, ifra.7uir d Identify,specilc services to which particular mefhuds o/ Compensation apply.) Principals $ 180 11-lour Senior Associat0t, ssoc'IA,P _ $ I1Q /Ylonr �er6ir.rr nr 1 andsr�e Architect _ �100/I -lour A echitc t Draftspyrson - -$ - 24Q141 -T Interior l7e.igncr r Intereo; Designer lntern _ $ 90fHour Notc: IIo ndarvear. 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one Point one five (1- 15 ) times the amounts billed to the Architect for such services. 1.5.4 For Reimbursable Expenses as described in Subparagraph 13.9.2, and any other items included in Paragraph 1.5,5 as Reimbursable Expenses, the compensation shall be computed as a multiple of 4.pf–pRint one_iiye ( 1.1 ) limes the expenses incurred by the Architect, and the Architect's employees and consultants. 1.5.5 Other Reimbursable Expenses, if arty, are as follows: M—Lm r ;r' endcrines 47 1917, 19 194x, 51, 95 , 1958, 9 3, 19 7, 1970, 1974, 1977, 198 , y The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United states and will subject the violator to legal prosecution. WARNING: unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the 10AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below User Document: 97bl41.aia -- 5/222003. AIA License Number 1011145, which expires on 9730/2003. 10 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUtWNTICATION OF TMS ELECTRONICALLY ORAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 'a X11 ,r ■lttttttttttt� ® 1997 AIAO AIA DOCUMENT 5141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, ❑ -C. 20006-5292 S BCD 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. 1.5.7 An initial payment of Dollars (s I3SI= ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. 1.5.8 Payments are due and payable i11 M ( 2Q ) days from the date of the Architect's invoice. Amounts unpaid thirty ( 3Q ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (insert rare ofmtercsl agreed upon.) 12% per annum (Llsury Jaws and requirements under the Federal 7rmh in Leading Act, similar stare and kcal consumer credil laws and other regulations at the Owner's and Amhircel'a' principal places of business, the location of the l2m*1 and elsewhere mayaffel the validity oflhis pro✓rsion. Specific legal advice shadd be ohlained with respect to do %irons or ),1odifications, and also rega d,,4 requirements such as written diselosures or warwrs ) 1.5.9 If the services covered by this Agreement have not been completed within twelYe ( L ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Paragraph 1.5.2. This Agreement entered into as of the day and year first written above. City of Hutchinson OWNER (signature) . (Printedname and title) © 19 192 194$ 51, 3, 961, 19 , 196 , O, 19 4, 1912 , y e American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will • subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. Vser Document: 97bl41.aia -- 5/2212003. AIA License Number 1017145, which expires on 9/30/2003. rr This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY U51NG AIADOCUMENT 0401. r�r Ott ® 1997 AIA® AIA DOCUMENT 9141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington. D.C. 20006 -5292 a(C) 1997 Edition - Electronic Format 0 Standard Form of Architect's Services: Design and Contract Administration TABLE OF ARTICLES 2.1 PROJECT ADMINISTRATION SERVICES 2.2 SUPPORTING SERVICES 2.3 EVALUATION AND PLANNING SERVICES 2.4 DESIGN SERVICES 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 17 FACILITY OPERATION SERVICES 2.8 SCHEDULE OF SERVICES 0 2.9 MODIFICATIONS AIA Document B141 - 1997 ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. 2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update, a Project schedule that shall identify milestone dates for decisions required of the Owner, design services furnished by the Architect, completion of documentation provided by the Architect, commencement of construction and Substantial Completion of the Work. 2.13 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the design of the Project to representatives of the Owner. ®1 51 , 19 948, 7, 19 19 61. 1963, 967, 1974, 987, y e American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will � ubject the violator to legal prosecution. This document was electronically produced with permission of the IA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. user Document: 97bl41.aia -• 5127/2003. AJA License Number 1017145, which expires on 9/30/2003. 12 This document has important legal consequences. Consultation with an attorney is eticouraged with respect to its completion or modification. AUTHENTICATION OF 785 ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. trrww ® 1997 AIA@ AIA DOCUMENT B141- 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006.5292 8(C) 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further development of the . design. 2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.13 EVALUATION OF BUDGET AND COST OF THE WORK 2.13,1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current area, volume or similar conceptual estimating techniques. As the design process progresses through the end of the preparation of the Construction Documents, the Architect shall update and refine the preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate With the Architect in making such adjustments. 2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. 2.1.73 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. If an increase in the Contract Suln occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. 2.11.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. 2.1.7.5 if the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the project within a reasonable time; 3 terminate in accordance with Subparagraph 1.3.8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. 2.13.6 If the Owner chooses to proceed under Clause 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The Q 1911, 1926, , 1951, 3, 61, 196 , , 967, 1979, 9 , ®19 y e American institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below, User Document; 97bl41.aia -- 5/2212003. AIA License Number 1017145, which expires on 950/2003, 13 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 01997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006 -5792 6CC) modification of such documents shall be the limit of the Architect's responsibility under this Paragraph x.1.7. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not construction is commenced. �RTICLE 2.2 SUPPORTING SERVICES 2.21 Unless specifically designated in Paragraph 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. 2.21.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. 2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations This document has important legal consequences. consultation with an and utility locations for the site of the Project, and a written legal description of the site. The attorney is encouraged with respect to surveys and legal information shall include, as applicable, grades and lines of streets, alleys, its completion or modification. pavements and adjoining properly and structures; adjacent drainage; rights -of -way, restrictions, AUTHENTICATION OF TMS easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; ELECTRONICALLY DRAFTED AIA locations, dimensions and necessary data With respect to existing buildings, other DOCUMENT MAY BE MADE BY USING improvements and trees; and information concerning available utility services and lines, both ALA DOCUMENT D401. and private, above and below grade, including inverts and depths. All the information on public the survey shall be referenced to a Project benchmark. 2.2.1.3 The Owner shall furnish services of geotechnical engineers which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. ARTICLE 2.3 EVALUATION AND PLANNING SERVICES 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement, including the Owner's program and schedule requirements . and budget for the Cost of the Work, each in terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the information provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost of the Work. tt�Iwrw 2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner's program, Financial and lime requirements, and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES 2.4.1 The Architect's design services shall include normal structural, mechanical and �ritr electrical engineering services. (D 1997 AIA® AIA DOCUMENT 6141 • 1997 2.4.2 SCHEMATIC DESIGN DOCUMENTS STANDARD FORM AGREEMENT 2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually The American Institute of Architects agreed -upon program, schedule, and budget for the Cost of the Work. The documents shall 1735 New York Avenue N.W. establish the conceptual design of the Project illustrating the scale and relationship of the Washington, D.C. 20006.5797 Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic 19 --Y97--79M 948, , 19 , 958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97bl41.aia -- 5122R003. AIA License Number 1017145, which expires on 9130/2003. 19 8 C) modeling or combinations of these media. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. .2.4.3 DESIGN DEVELOPMENT DOCUMENTS 2,4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels. 2.4.4 CONSTRUCTION DOCUMENTS 2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development Documents and updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings.and Specifications that establish in detail the quality levels of materials and systems required for the Project. 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of: (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.51 The Architect shall assist the Owner in obtaining eihller competitive bids or negotiated proposals and shall assist the Owner in awarding and preparing contracts for construction - or l�nncrrnr• n eemenl Pm{ZLLTIIS. 2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors. 2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. if requested by the Owner, the Architect shall notify all prospective bidders or contractors of the bid or proposal results. 2.5.4 COMPETITIVE BIDDING 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifcaliuns and Drawings. 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. 2.5.43 If requested by the Owner, the Architect shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. 2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1957, 1970, IP-479-7-7. 1987, e 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will � ubject the violator to legal prosecution. This document was electronically produced with permission of the IA and can he reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97b1Al.aia -- 5/22/2003. AIA License Number 1017145, which expires on 9/30/2003. 15 This document has important legal consequences. Corsulration with an attorney is encouraged with respect to its completion w modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE By USING AIA DOCUMENT D401. � - W-4, rlrllttlrllrl ® 1997 AIA(i) AIA DOCUMENT B141 • 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006 -5292 S �C) 2.5.4,5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre -bid conference for prospective bidders. . 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. 2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner. 2.5.5 NEGOTIATED PROPOSALS shall - ors 2.5.5.1 Pro �tAests- �„<„- �oastsk s alAd- i;Hpplel.> v+• a- fia*.i���"".- 'ten__. ._6�. 2.5.5.2 if- requeested* -4he Gwfie° she "_ =teei sh 11'erfartge- ter- proeu*irtg- Eire- repreduc4+rxr Of - Prepesel - Deeumems -for - disEFjbu6ox 4a pruspeo!we R.r*Eraeters, -The Owi7er -haN -pay • •... 1.....__.t... e_�LL.. �. C.._......6 .ay..__...... 2.5.5.3 i 4equeAed-hy4ke LawneF4he�treh eetshallrorgeniak�tnd trekiepate in�eleelioe- itltewiewsiviEh j�r�tspeetiYe- eeEtit'ac4� 2.5.5.4 T4,._A-rshjiK4 -&h&I1 conside - requestm.94 Smbstilutif ,4- permit4ed*- the- 14apesal- Deeuthe +H�x3d�FteB lxrpaFe artdrtlisEFbHEe•edderxlu dertlifying�pprc +vedsEitat+erts4e4tll- �ve�t�EFa¢tfxr. 2.5.5.5 lfrt equested*4he43rwter4he- -°hitec4 -hall assistalte vrtrer 61:fFing4xgeEieEiem- ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES 2.6.1 GENERAL ADMINISTRATION 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the edition of ACA Document A201, General Conditions of the Contract for Construction, current as of the dale of this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.6.1.2 The AIchite[L'S responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with Paragraph 2.8.2 when Contract Administration Services extend 6o days after the date of Substantial Completion of the Work. 2.6.13 The Architect shall be a representative of and shall advise and consult with the Owner during the provision of the Contract Administration Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. ® jglp i§2, 194 95 , 953, 58, ; ;1 , I 966, N97 by I he American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING; Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document; 97bl41.aia -- 5/22/2003. AIA License Number 1017145, which expires on 9/30/2003. 16 This document has important feeal consequences- Consultation with an attorney is encouraged with respell to its completion or modification. AUTHENTICATION OF TH15 ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY V51116 AIA DOCUMENT D401. t'rr'ti'>r ® 1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006 -S292 8 cC) 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for .additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. 2.61.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. 2.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in good faith- 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters m question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.2 EVALUATIONS Of THE WORK 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner . and the Architect in Article 2.8, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safely precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over nr charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor 19 195 , 5 958, 19 963, 19 967, 19 977, 199 y e American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United states and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will •subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document 97b141.aia -- 512212003. AIA license Number 1017145, which expires on 913012003. 17 This document has important legal consequences. Consultation with an attorney is encoura8ed with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. 3 raU+sr Illttlitltttltw ® 1997 AIAO AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006 -5292 8(0- through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Is Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. I lowever, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duly or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR This document has important legal consequences. Comultation with an 2.6.3.1 The Architect shall review and certify the amounts due the (:ontractor and shall issue attorney is encouraged with respect to Certificates for Payment in such amounts. The Architect's certification for payment shall itsmmplerionormodification. constitute a representation to the Owner, based on the Architect's evaluation of the Work as AUTHENTICATION OF THIS provided in Paragraph 2.6.2 and on the data comprising the Contractors Application for ELECTRONICALLY DRAFTED AIA Payment, that the Work has progressed to the point indicated and that, to the best of the DOCUMENT MAY BE MADE BY USING Architect's knowledge, information and belief, the quality of the Work is in accordance with AIA DOCUMENT 0401. the Contract Documents. The foregoing representations are subject (t) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the w1f*9y Architect. �irir 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (i) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. • 2.6.33 The Architect shall maintain a record of the Contractor's Applications for Payment. 2.6.4 SUBMITTALS 2.6.4.1 The Architect shall review and approve or lake other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or w1f*9y systems, all of which remain the responsibility of the Contractor as required by the Contract �irir Documents. The Architect's review shall not constitute approval of safely precautions or, unless otherwise specifically staled by the Architect, of any construction means, methods, techniques, The Architect's approval of a specific item shall not indicate approval ®CUMENT 8141-1997 IA DO CU sequences or procedures. of an assembly of which the item is a component. STANDARD FORM AGREEMENT The American Institute of Architects 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied 1735 New York Avenue N.W. by the Contractor in accordance with the requirements of the Contract Documents. Washington, O.C. 20006.5292 2.6.4.3 If professional design services Or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract 1917, , 1948, 51. 19 . 1 .1961, 9 , 1 15, 19 , 19 4, B , y T e me Institute of Architects, Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: unlicensed photocopying violates U.S. copyright laws and will 0abject the violator to legal prosecution. This document was electronically produced with permission of the 1A and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below. User Document! 97bl41.aia -- 512212001 AIA License Number 1017145, which expires on 913012003. 18 8 (C) Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2.6.5 CHANGES IN THE WORK 2,6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents, The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Paragraph 2.8 -2. 2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. 2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjusunent in the Contract Time or Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the Architect shall estimate the additional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, the Architect shall incorporate . those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. 2.6.5.4 The Architect shall maintain records relative to changes in the Work This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF Ti-95 ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. 2.6.6 PROJECT COMPLETION 2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to MM the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2 -6.6.2 The Architect's inspection shall be conducted with the Owner's I)esignated 10� Representative to check conformance of the Work with the requirements of the Contract ® 1997 AIA® Documents and to verify the accuracy and completeness of the list submitted by the Contractor AIA DOCUMENT B141-1997 of Work to be completed or corrected. STANDARD FORM AGREEMENT 16.63 When the Work is found to be substantially complete, the Architect shall inform the The American Institute of Architects Owner about the balance of the Contract Sum remaining to be paid the Contractor, including 1735 New York Avenue N.W. any amounts needed to pay for final completion or correction of the Work. Washington, D.C. 20006.5292 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (i) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final m 7, 7 19 195 , ' 0 J, 8, 19 , 11 I , 19 1 1. 19 5 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will Osubject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document 97bl41.aia -- 5/22/2003. AIA License Number 1017145, which expires on 913012003- 19 a(0 payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. �RTICLE 2.7 FACILITY OPERATION SERVICES 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial Completion to review the need for facility operation services. 2.7.2 Upon request of the Owner, and prior to the expiration of one year from the dale of Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. ARTICLE 2.8 SCHEDULE OF SERVICES 2.81 Design and Contract Administration Services beyond the fallowing limits shall be by the Architect as a Change in Services in accordance with Paragraph 1.3.3: provided .1 up to two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .2 up to BlE ( -6 ) visits to the site by the Architect over the duration of the Project during construction. .3 up to LtlR ( 2 ) inspections for any portion of die Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. A up In gp0 (1) inspections for any portion of the Work to determine final completion. 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Paragraph 1.3.3: 1 of a Contractor's submittal out of sequence from the submittal schedule review agreed to by the Architect; to the Contractor's requests for information where such information is .2 responses available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner- provided information, Contractor - prepared coordination drawings, or prior Project correspondence or .3 documentation; Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments or Service; * providing consultation contenting replacement of Work resulting from fire or other cause during construction; .5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work; evaluation of substitutions proposed by the Owner's consultants or contractors .6 and making subsequent revisions to Instruments of Service resulting therefrom; 3 of design and documentation for alternate bid or proposal requests preparation proposed by the Owner; or .8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work. 2.8.3 The Architect shall furnish or provide the following services only if specifically designated: Services Responsibility Location of service (Axhne i3Ow rr or Not Pruvide9 Description .1 Programming Architoot and w er ID 19 92 48, 1, 1958, 63, 19r6, 1970, 1 977, 9 997 Gy i Re American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the cvpyri8hi laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below, User Document: 97bl41.aia -- 5!72/2003. AIA License Number 1017145, which expires on 9130/2003, 20 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF TMS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. �r � +rah• i tttllrlaatlrl ® 1997 AIA® AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenoe N.W. Washington, D.C. 20006.5292 9((O z Land Survey Services 3 Geolechnical Services .4 Space Schematics /Flow Diagrams 5 Existing Facilities Surveys ,6 Economic Feasibility Studies ,7 Site Analysis and Selection .8 Environmental Studies and Reports .9 Owner- Supplied Data Coordination .IO Schedule Development and Monitoring .it Civil Design ,IZ Landscape Design .13 Interior Design 14 Special Bidding or Negotiation 15 Value Analysis .16 Detailed Cost Estimating .17 On -Site Project Representation .18 Construction Management .19 Start-up Assistance .20 Record Drawings .21 Post - Contract Evaluation .22 Tenant- Related Services .23 -24 .25 Description of services. ( /nsen deKnplions ofibc errvices desguak d.) .ARTICLE 2.9 MODIFICATIONS 2.9.1 Modifications to this Standard Administration, if any, are as follows: caner Owna Architect Owner Owne[ Owner Owner cane ' Ian Ar owner's Consultant Not Provided Own r',s Consultant Owner' I nt Owner's Consul= Owner Consultant Not Provided Not Provided Not Provided Form of Architect's Services: Design and Contract By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect, AIA Document B141 -1997, that was entered into by the parties as of the date: City of Hutchinson OWNER (signalure) (Printed ne wand Nlle) 1917, 1926, 1 9 195 , 53, ly 58, 1961, 5 1966, 1967, 1970, 1974, 967, P 1997 by T e American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United 5tates and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will .subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97bl41.aia -- 5122/2003. AIA License Number 1017145, which expires on 9/3G/2003, 21 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USIMG AIA DOCUMENT D401. ® 1997 AIA® AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006.5292 3cc> C� L ® 1917. 1926, is 48, 1 9779-5-377979-6 . 961, 19 66, 1 19 4, 1977, 1987, V 19PTyYFe merican Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will 10 subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can he reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 97b141.aia — 5/2212003. AIA License Number 1017145, which expires on 9/30/2003. 22 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY UStNG AIA DOCUMENT 0401. ® 1997 AIA® AIA DOCUMENT 6141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W, Washington, D.C. 20006 -5292 8(C) `EXHIBIT A' PROPOSAL FOR PROFESSIONAL SERVICES NEW MUNICIPAL LIQUOR STORE HUTCHINSON, MINNESOTA APRIL 21, 2003 Tushie- Montgomery & Associates, Inc., proposes the following scope of work as a recommended proced- ure for the construction of the City's relocated Municipal Liquor Store in downtown Hutchinson. PROJECT DESCRIPTION: Construction of anew 12,000 to 14,000 square foot municipal liquor store. Site work to include demolition of existing buildings, and development of site to include landscaping, sidewalks, and parking. The anticipated construction cost is budgeted at $1.4 million. SCOPE OF SERVICES: The professional services of Tushie- Montgomery & Associates, Inc., shall be as follows: I. PROGRAMMING: A. Review all information, reports, documents, and drawings the Owner may have related to . this project. Review the current and projected future needs of the building with the Owner and prepare a preliminary program to be used in developing building floor plans. B. Review existing Liquor Store operations with the Owner as they apply to the anticipated new store including: Design limitations Customer and employee parking and traffic circulation Exterior loading and unloading requirements Product receiving Equipment/Cooler considerations Mechanical systems Electrical system Lighting levels Store fixtures Store layout and traffic flow Storage areas (interior and exterior) Signage Offices and employee break area Restrooms Checkout counters Wine tasting area Product Display areas C. Based upon the information developed in A and B above prepare a final detailed program for the new building. a(c) Proposal for Professional Services •Hutchinson Liquor Store April 21, 2003 Page 2 of 6 D. Meet as necessary with City staff members during the entire process to finalize the program and present conclusions_ II. SCHEMATIC DESIGN: A. Prepare preliminary overall building floor plans reflecting elements identified in the building program including recommended design changes. S. Review overall exterior elevations for the building and make recommended design modifications if required. C. Meet with Mechanical Engineer and evaluate HVAC, plumbing and other building mechanical systems for compatibility to the building program and interior build -out. D. Meet with Electrical Engineer and evaluate the electrical systems for compatibility to the building program and interior build -out. E. Meet as necessary with staff members during the entire process to finalize design solutions. F. Prepare presentation drawings to graphically illustrate design solutions to city staff members and the public. G. Prepare an outline specification for the project. H. Submit proposed plans to the Contractor for value engineering and preliminary construction cost estimating. I. Be present at public hearings, if necessary, to assist the Owner in obtaining governmental approvals for the project. J. Assist the City with review and negotiations for the final exterior design as it relates to signage, loading dock access and exterior appearance. III. INTERIOR DESIGN SERVICES: A. Furniture, furnishings and equipment: 1. Interior Design Services for the selection and specifying of all colors, materials and finished surfaces anticipated in the Contract Documents. 2. Design, specify, bid and coordinate with owner ordering all interior furniture, fixtures and furnishings. 40 3. Prepare presentation material boards to illustrate the color, texture and quality of the materials being considered- 8 ��� Proposal for Professional Services Hutchinson Liquor Store April 21, 2003 Page 3 of 6 Provide assistance to the Owner in coordinating schedules for delivery and installation of all furniture and furnishings as well as equipment provided by Owner. Review the final placement and inspection for damage, quality and function to determine that the installed furniture, furnishings and equipment are in accordance with the requirements of the Contract Documents and equipment provided by Owner. IV. CONSTRUCTION DOCUMENTS: A. Based upon City input and requested changes, finalize all architectural designs. B. Make recommendations on the selection of materials. C. Finalize all mechanical and electrical systems designs with Mechanical and Electrical Engineers. D. Finalize all structural design requirements for the building with the Structural Engineer, E. From the approved design studies, prepare a set of construction drawings and . specifications, which shall include the following: Demolition Plans Schedules (Door & Finish) Floor Plans Interior Elevations Exterior Elevations Enlarged Floor Plans Wall Sections Fixture /Millwork Plans & Details Interior Details Mechanical Plans & Details Exterior Details Electrical Plans & Details Interior Design Structural Plans & Details F. Assist Owner in filing the required documents for the approval of governmental authorities having jurisdiction over the project, and meeting with those city building officials to review the project. V. BIDDING AND NEGOTIATION: Following the Owner's approval of the construction documents, assist the Owner in letting and receiving Contractor bids for the project by distributing drawings to the Contractors, answering Contractor questions, attending pre -bid conferences and reviewing bids received. VI. CONSTRUCTION PHASE: A. Review shop drawings, samples and other submissions of the contractor. B. Answer contractor questions. . C. Make once per month visits to the site to be familiar generally with the progress of the Work. 84 Proposal for Professional Services Hutchinson Liquor Store April 21, 2003 Page 4 of 6 D. Process monthly pay requests. E. Assist in the preparation of a final project punch list. P. Issue a Certificate of Substantial Completion. G. Assist the Contractor in applying for and procuring all required permits. H. Assist the Contractor in pre- construction conferences with representatives from the successful bidders and any other vendor representatives. I. Prepare and issue Change Notices and Change Orders as necessary. TO BE PROVIDED BY THE OWNER: The Owner shall provide: 1. All background information the Owner may have available related to this project and necessary instructions and input regarding the program requirements. 2. Existing site plans and building lines, as -built drawings of existing and proposed buildings, soils reports, other topographical and utility maps and information the Owner has and, if necessary, measured drawings of existing structures. The Architect shall be entitled to rely upon the completeness and accuracy of this information, surveys and reports furnished by the Owner. 3. A designated representative from whom the Architect will receive instructions and authorization. 4. Prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the project of non - conformance with the Contract Documents. 5. Provide information pertaining to key issues, including typical facility use and problem areas regarding traffic flow between staff and the public. 6. Provide information pertaining to current and future facility requirements. 7. Civil Engineering to be provided by the Owner, or by Tushie- Montgomery & Associates, Inc. as an additional service. This is being offered in this manner because many cities we work with use their own City Engineers or consultants. Ir 1 J TIME: Tushie- Montgomery & Associates, Inc. shall begin the Work within one (1) week of being authorized and shall complete all tasks in this proposal within the schedule to be established with the Owner. An estimated three (3) months for design and eight (8) months for construction would be a reasonable schedule based on past experience with this type of project. However, this will vary given different city approvals, permit processes, developer's schedule, and contractor bidding requirements. etc) �J • Proposal for Professional Services Hutchinson Liquor Store April 21, 2003 Page 5 of 6 FEES AND METHODS OF PAYMENTS: Tushie- Montgomery & Associates, Inc., bases all fees for professional services on the amount of time anticipated to complete the described scope of services. Fees for professional services shall be billed monthly in proportion to work completed on the project and shall be paid thirty (30) days from the date of invoice. A 1.5% monthly interest rate shall be applied to all past due accounts. ENGINEERING SERVICES: Tushie- Montgomery & Associates, Inc. does not employ professional Engineers on their in -house staff. All Engineering services recommended in this proposal shall be provided by Tushie - Montgomery & Associates, Ind. on a consultant relationship within the designated design fee. TOTAL FEES ANTICIPATED: The total cost of all basic services recommended in this proposal shall be 7.5% to 8% of the actual final construction cost of the project plus normal reimbursable costs of printing, faxes, reproductions, copies, telephone, postage, delivery and mileage, etc. depending upon the actual final determined scope of work to be performed. These fees can be proportioned as follows: 1.- II. Programming and Schematic Design III.,IV., Final Construction Documents, Interior & V. Design, and Bidding Services VI. Construction Phase HOURLY RATES: Principals Senior Associate Associate Architect or Landscape Architect Architect Draftsperson Interior Designer Interior Designer Intern 25% of Total Fee 60% of Total Fee 15% of Total Fee $ 180 /Hour $ 126 /Hour $ 110 /Hour $ 100 /Hour $ 90 /Hour $ 100 /Hour $ 90 /Hour Hourly rate may change at the start of each new calendar year (January 1 each year). B (C) Proposal for Professional Services Hutchinson Liquor Store April 21, 2003 Page 6 of 6 LIMITS OF LIABILITY: In recognition of the relative risks, rewards and benefits of the project to both the Owner and Architect, the risks have been allocated such that the Owner agrees, to the fullest extent permitted. by law, to limit the Architect's liability to the Owner and to all the Owner's contractors and subcontractors on the project for any and all claims, losses, costs, damages, or claims expenses from any cause or causes, so that the total aggregate liability of the Architect to all those named shall not exceed the Architect's total fee for services rendered on this project. Such causes include, but are not limited to, negligence, professional errors or omissions, strict liability, breach of contract or warranty. This proposal is good for thirty (30) days. If acceptable, a signed copy will be our authorization to proceed. if the Scope of Services in this proposal is not exactly as you would like it, we would be happy to adjust it and revise the fee accordingly. At the completion of Schematic Design a standard AIA agreement shall be prepared and executed for the balance of services to be completed. Respectfully submitted, TUSH16- MONTGOMERY & ASSOCIATES, INC. • Daniel L. Pellinen, AIA Associate AUTHORIZATION TO PROCEED: CITY OF HUTCHINSON BY: Its: rIL 8 (c� TO: Mayor & City Council FROM: Marc A. Sebora, City Attorney DATE.: June 6, 2003 SUBJECT: Conceal and Carry Law Office of the City Attorney 111 Hasten Street SE Hutchinson, MN 55350.2522 3211 - 587- 5151/Fax 320. 234.4240 At the May 27, 2003, City Council meeting, it was requested that 1 inform the Council as to how the new "Conceal and Carry" law might effect the City of Hutchinson. As I see it, the new gum law will effect the City of Hutchinson in primarily two areas, city employees and city -owned buildings. Under the new law, persons who apply for a license to carry a concealed weapon and who meet specifc state and federal guidelines will be given concealed weapons permits. However, under the new law, employers, including public employers, may "establish policies that restrict the carry or possession of firearms by its employees while enacting in the course and scope of employment'. Cities are allowed to discipline employees for violation of these policies. This would seem to allow a policy that would prohibit city employees from carrying or possessing firearms during the course and scope of their employment with the city and working in any location on behal f of the City. However, the new law also prohibits employers from banning fireanns in parking areas. Because of this, the City could not include parking areas in its policy. One issue with regard to this will be. whether the City could ban firearms in private employee vehicles when that employee is on call or called out to an employment- related incident after work hours. An additional concern is how the gun law applies to volunteers within the City. For example, firefighters. if a person is deemed to be truly a volunteer, they probably cannot be restricted from carrying a gun. If the volunteer is deemed to be an employee of the City under standards set out by the Minnesota Department of Labor, then the person could be prevented from carrying a gun on city business. In reference to city -owned and controlled buildings, state law specifically does rot give cities the right to ban guns from city property. So, for those areas that are open to the general public, (e-g., motor vehicle, city hall lobby, council chambers, city parks, etc.) guns will be allowed. Guns would not be allowed in areas that are fbr "authorized personnel ", because ideally only city employees occupy those areas and should not have guns as discussed above. However, the City may ban guns from areas that the city leases to others, for example, the Hutchinson Medical Center and the Hutchinson Event Center, if the gun ban is made part of the lease agreements for these leaseholds. I hope this information provides the additional insight into this topic that you were seeking and if you have other questions, please contact me. Prinwd on rccycicd paper - CITY OF HUTCHINSON MEMO Finance Department June 6, 2003 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: 2002 AUDIT REVIEW INFORMAITIONAL MEETING Kyle Meyers, Abdo Eick & Meyers Auditor, informed me the City of Hutchinson's 2002 audit is near completion and should be ready by June 24. In the past the council has had the auditor review the report in detail at an informational meeting with follow up at the regular city council meeting. It would be requested, if council member's schedule permits, to schedule an informational meeting for June 24, 2003 beginning at 4:00 p.m., with the City's auditors. N: \b0C \City council memo 1 -doc 0 q�c) Ordinance No. 03 -344 0 Publication No. AN ORDINANCE QUIT CLAIMING ANY INTEREST THE CITY OF HUTCHINSON MAY HAVE IN REAL ESTATE LOCATED AT 964 JEFFERSON STREET SE IN THE CITY OF HUTCHINSON THE CITY OF HUTCHINSON DOES ORDAIN: SECTION 1. That on June 8, 1953, William Selchow, for reasons unknown, conveyed the following described property to the City of Hutchinson: Beginning at a point on the West line of Jefferson Street, said point being also the Easterly line of Lot 7, Auditor's Plat of the West Half of Section 6, Township 116 North, Range 29 West, which said point is 399 feet Southerly from the Northeast comer of Lot I of said Auditor's Plat of the South Half of Section 6, Township 116 North, Range 29 West; thence Westerly on a line parallel with the North line of said Lot 1 a distance of 132; thence Southerly on a line parallel with the East line of said Lot 7 a distance of 49 feet 5 inches; thence Easterly on a line parallel with the North line of said Lot 1 a distance of 132 feet to a point on the East line of said Lot 7; and thence Northerly along the East line of said Lot 7 a distance of 49 feet 5 inches to the point of commencement, according to the U.S. Government Survey thereof: • SECTION 2. That the City never took possession of the land above - described nor has the City developed it or placed any City services or utilities upon said premises. That said premises has been continually occupied since that time by private parties and, in fact, contains an apartment building and parking area currently owned by Merrill L. Johnson and/or the Merrill L. Johnson Trust. SECTION 3. The aforementioned deed from William Selchow to the City of Hutchinson has effected the marketability of title to the property at 964 Jefferson Street SE and it is in the best interest for the landowner to clear title to the property and does not effect any interest the City of Hutchinson may have. SECTION 4. Upon passage of this ordinance the Mayor and City Administrator shall be directed to execute any quit claim deeds necessary to clear title to this land reserving to the City of Hutchinson an interest in any utility easements on the parcel. Adopted by the City Council this 24`h day of June, 2003. Gary D. Plotz, City Administrator Marlin Torgerson, Mayor R55APPYRV By Check Number Checks Ck Date Type Check # 6/10/2003 PK 116994 Account Nt ## CITY OF HUTCHINSON AP Payment Register with Voids Vendor Name 102136 BUSINESSWARE SOLUTIONS Amount Void Amou 1,777.80 1,777.80 1,777.80 L F- 1 LJ 0 0 PAYROLL ACCOUNT - PAYROLL OF MAY 30, 2003 Period Ending: May 24, 2003 FOR COUNCIL LIST ONLY - ELECTRONIC TRANSFER • TO STATE AND IRS DO NOT ISSUE CHECKS FOR THIS PAGE AMOUNT PEIU ACCT# NAME $29,000.68 9995.2034 WITH. TAX ACCOUNT $11,624.11 9995.2040 $3,267.47 9995.2242 $43,892.46 Sub -Total - Employee Contribution $11,624.11 9995.2240 $3,267.47 9995.2242 ,891.58 Sub -Total - Employer Contribution 0 $58,784.04 Grand Total - Withholding Tax Account DESCRIPTION Employee Contribution - Federal Tax Employee Contribution - Soo. Security Employee Contribution - Medicare Employer Contribution - Social Security Employer Contribution - Medicare $10,504.08 9995.2035 MN DEPT OF REVENUE $9.814.95 10261$ 9995.2241 PERA Employee Contribution - Pension Plan $11,821.88 102615 9995.2241 Employer Contribution - Pension Plan $21,636.83 Sub -Total - PERA $15.66 102615 9995.2243 PERA -DCP $15.86 102615 9995.2241 $31.72 Sub - Total - DCP $21,668.55 GRAND TOTAL - PERA 0 Finance Director Approval Employee Contribution - Pension Plan Employer Contribution - Pension Plan I 3p -0 R55APPYRV CITY OF HUTCHINSON Bv Check Number AP Pa ment Register with Voids Check Dat 5/30/2003 - Ck Date Type Check N Vendor INa me Amount 5/30/2003 PK 116972 ' 101876 AETNA VARIABLE LIFE ASS. CO. 855 5/30/2003 PK 116973 101919 AMERICAN FAMILY INS CO. 137.10 5/3012003 PK 116974 102060 CHANHASSEN DINNER THEATRES 986.00 5/30/2003 PK 116975 101875 GREAT WEST LIFE INS. CO. 300.00 5/30/2003 PK 116976 101872 H.R.L.A.P.R. 245.08 5/30/2003 PK 116977 1 1149281 HOLT TOURS 375.00 5/30/2003 PK 116978 1 102139 1 HUTCHINSON AREA CHAMBER OF COM 1,212.00 5130/2003 PK 116979 1 1018691 HUTCHINSON, CITY OF 1,782.50 5/30/2003 PK 116980 101869 HUTCHINSON, CITY OF 289.00 5/30/2003 PK 116981 102633 HUTCHINSQN, CITY OF 5,332.87 5/3012003 PK 116982 102635 HUTCHINSON, CITY OF 540.81 5/30/2003 PK 116983 101873 ICMA RETIREMENT TRUST 3,646.94 5/30/2003 PK 116984 102449 1 MINNESOTA CHILD SUPPORT PAYMEN 608.26 5/30/2003 PK 116985 102449 MINNESOTA CHILD SUPPORT PAYMEN 668.07 5/30/2003 PK 116986 101877 PRUDENTIAL 75.00 5/30/2003 PK 116987 102096 PRUDENTIAL MUTUAL FUNDS 30.00 5130/2003 PK 116988 102052 QUALITY WINE & SPIRITS CO. 7,326.03 24,409.66 Account N 1 # 24409.66 IMMEDIATE PAYS • L 0 11 0 R55APPYRV CITY OF HUTCHINSON By Check Number AP Pa ment Register with Voids Check Dat 6/4/'2003 - Ck Date Tye Check # Vendor Name Amount 6/4/2003 PK 116989 ' 102533 HUTCHINSON CONVENTION & VISITO 7,711.03 6/4/2003 PK 116990 117983 HUTCHINSON DOWNTOWN ASSOC 105.00 6/4/2003 PK 116991 107547 MISS, MIKE 230.04 6/4/2003 PK 116992 105090 SIBLEY COUNTY COURT ADMINISTRA 115.00 8,161.07 Account N i ## 8161.07 IMMEDIATE PAYS LJ 1] R55APPYRV ICITY OF HUTCHINSON By Check Number JAP Pa ment Register with Voids Check Dat 6/5/2003 Ck Date IType Check 0 Vendor IName Amount 6/5/2003 PK 116993 ' 117998 FIRST MINNESOTA BANK 702.72 702.72 Account Ni ## 702.72 L"i • • • R55APPYRV CITY OF HUTCHINSON By Check Number AP Pa ment Register with Voids Checks - Ck Date Type Check # Vendor Name Amount 6/10/2003 PK 116995 " 110847 1ST LINE /LEEWES VENTURES 7507 6/10/2003 PK 116996 101915 A.H. HERMEL COMPANY 57.94 6/10/2003 PK 116997 114768 ABATEMENT SPECIALTIES 350.00 6/10/2003 PK 116998 102126 ACE HARDWARE 1,073.55 6/10/2003 PK 116999 102217 AEM MECHANICAL SERVICES, INC 460.00 6/10/2003 PK 1 117000 118015 ALBRECHT, HEIDI 28.00 6/1012003 PK 117001 101835 ALLEN PRECISION 48.40 6/10/2003 PK 117002 101841 ALLIED MECHANICAL SYSTEMS 339.31 6/10/2003 PK 117003 118013 ALSLEBEN, JANE 48.00 6/10/2003 PK 117004 101847 AMERICAN PAYMENT CENTERS 76.00 6/1012003 PK 117005 102430 AMERIPRIDE LINEN & APPAREL 216.16 6/10/2003 PK 117006 102785 ANOKA TECHNICAL COLLEGE 1,080.00 6/10/2003 PK 117007 105204 ARCTIC GLACIER PREMIUM ICE 448.80 6/1012003 PK 117008 111041 ARROW TERMINAL LLC 217.94 6/1012003 PK 117009 102444 B T & COMPANY 30.05 6/1012003 PK 117010 102898 BAILEY NURSERIES 4,889.91 6/1012003 PK 117011 102943 BAUERLY COMPANIES 299.34 6/10/2003 PK 117012 117927 BAYSINGER, LOREN 200.00 6/10/2003 PK 117013 102039 BEN NETT OFFICE TECHNOLOGIES 15.98 6/10/2003 PK 117014 1 102255 BERKLEY RISK SERVICES 800.00 6/10/2003 PK 1 117015 101916 BERNICK COMPANIES, THE 301.30 6110/2003 PK 117016 1092911 BLAKE, TONY 358.00 6/10/2003 PK 117017 113020 BOCK, CINDY 21.99 6/10/2003 PK 117018 101987 BRANDON TIRE CO 88.98 6/10/2003 PK 117019 117923 BRUSEHAVER, LIZ 70.00 6/10/2003 PK 117020 118016 BUFFALO GIRLS FASTPITCH ASSN 390.00 6/10/2003 PK 117021 102456 C & L DISTRIBUTING 51,329.38 6/10/2003 PK 117022 102086 CADD /ENGINEERING SUPPLY 65.67 6/1012003 PK 117023 103014 CDI OFFICE PRODUCTS LTD 241.41 6/10/2003 PK 117024 1 102143 CENTRAL LANDSCAPE SUPPLY 44.00 6/10/2003 PK 117025 102253 CENTRAL MCGOWAN 38.32 6/10/2003 PK 117026 102060 CHANHASSEN DINNER THEATRES 204.00 6/10/2003 PK 117027 117919 CLARK PRODUCTS INC 747.50 6/10/2003 PK 117028 102213 COMMISSIONER OF TRANSPORTATION 60.00 6/10/2003 PK 117029 115626 COOK, CODY 20.00 6/10/2003 PK 117030 115624 COOK, TIM 20.00 6/1012003 PK 117031 102050 CROW RIVER AUTO 169.69 6/10/2003 PK 117032 1 1037911 CUMMINS NORTH CENTRAL 1,273.35 6/10/2003 PK 117033 104377 CUSTOM PRODUCTS & SERVICES 56.50 6110/2003 PK 117034 102488 DAY DISTRIBUTING 7,081.13 6/10/2003 PK 117035 105427 DEMEYER, ANDY 20.00 6/1012003 PK 117036 114924 DESIGN ELECTRICAL CONTRACTORS 730.00 6/10/2003 PK 117037 102698 DEVRIES, RANDY 206.35 6/10/2003 PK 117038 103793 DLT SOLUTIONS 302.40 6/10/2003 PK 117039 115621 DOSTAL, MIKE 20.00 6/10/2003 PK 117040 102275 DPC INDUSTRIES INC 279.02 6/10/2003 PK lPK 117041 102236 DUININCK BROS INC. 158,213.89 6/10/2003 117042 102647 DYNA SYSTEMS 99.83 6/10/2003 PK 117043 104415 EARTH TECH 47,800.00 6/10/2003 PK 117044 102354 ECONOFOODS 78.56 6/10/2003 PK 117045 102356 ELECTRO WATCHMAN 584.69 6/10/2003 PK 117046 105535 ELEMENT K JOURNALS 77.00 6/10/2003 PK 117047 118017 ELIAS, LAURA 20.00 6/10/2003 PK 117048 104022 EVEN -TEMP CONSTRUCTION 8,900.00 6/10/2003 PK 117049 110034 EXTREME BEVERAGE 64.00 6/10/2003 PK 117050 104137 FASTENAL COMPANY 236.07 6/10/2003 PK 117051 102526 G & K SERVICES 8,171.44 6/10/2003 PK 117052 103029 GLENCOE ENTERPRISE 210.00 6/10/2003 PK 117053 102524 GOVERNMENT TRAINING SERVICE 70.00 6/10/2003 PK 117054 102087 GRAINGER PARTS OPERATIONS 123.99 6/10/2003 PK 117055 105562 GRANIT BROW 102.24 6/10/2003 PK 117056 101874 GRIGGS & COOPER & CO 24,176.16 6/10/2003 PK 117057 108668 GRUFRUFF DESIGN 216.00 6/10/2003 PK 117058 114039 GRUNZKE, MATTHEW 54.00 6/10/2003 PK 117059 102451 HANSEN DIST OF SLEEPY EYE 2,203.10 6/10/2003 PK 117060 118020 HEADLEE, MICHELLE 20.00 6/10/2003 PK 117061 103059 HEMMAH, LLOYD 348.00 6/10/2003 PK 117062 102701 HENRY & ASSOCIATES 157.32 6/10/2003 PK 117063 102531 HENRYS FOODS INC 599.12 6/10/2003 PK 117064 116866 HEWLETT- PACKARD CO 1,812.63 6/10/2003 PK 117065 102518 HILLYARD FLOOR CARE/HUTCHINSON 751.37 6/10/2003 PK 117066 105080 HIRSHFIELD'S DECORATING CENTER 46.84 6/10/2003 PK 117067 109744 HOERNEMANN, WARREN 144.00 6/10/2003 PK 117068 102119 HOLT MOTORS INC 242.15 6/10/2003 PK 117069 114928 HOLT TOURS 675.00 6/10/2003 PK 117070 117921 HOMETOWN SPORTS 83.07 6/10/2003 PK 117071 117918 HUTCH AUTO & TRUCK SALVAGE 26.63 6/10/2003 PK 117072 108389 HUTCHINSON AUTO CENTER 6,340.52 6/10/2003 PK 117073 105329 HUTCHINSON BUMPER TO BUMPER 771.64 6/10/2003 PK 117074 102530 HUTCHINSON CO -OP 10,163.64 6/10/2003 PK 117075 102537 HUTCHINSON LEADER 6,208.47 6/10/2003 PK 117076 102539 HUTCHINSON MANUFACTURING 200.00 6/10/2003 PK 117077 102541 HUTCHINSON TELEPHONE CO 8,180.99 6/10/2003 PK 117078 1 102543 HUTCHINSON WHOLESALE 2,786.39 6/10/2003 PK 117079 101869 HUTCHINSON, CITY OF 1,083.50 6/10/2003 PK 117080 101869 HUTCHINSON, CITY OF 146.00 6/10/2003 PK 117081 101869 HUTCHINSON, CITY OF 1,174.00 6/1012003 PK 117082 101869 HUTCHINSON, CITY OF 314.00 6/10/2003 PK 117083 102038 HUTCHINSON, CITY OF 1.00 6/10/2003 PK 117084 102038 HUTCHINSON, CITY OF 58.20 6/10/2003 PK 117085 102038 HUTCHINSON, CITY OF 4.00 6/10/2003 PK 117086 1 102038 HUTCHINSON, CITY OF 16.65 6/10/2003 PK 117087 103099 HUTCHINSON, CITY OF 38,966.77 6/10/2003 PK 117088 109221 HUTCHINSON, CITY OF POLICE DEP 235.98 6/10/2003 PK 117089 102779 INDEPENDENT SCHOOL DIST. 4423 6,777.96 6/10/2003 PK 117090 102702 INDUSTRIAL MAINT SUPPLIES 118.22 6/10/2003 PK 117091 103520 INTERSTATE BATTERIES 74.50 6/10/2003 PK 117092 102062 JACK'S UNIFORMS & EQUIPMENT 1,061.95 6/10/2003 PK 117093 103940 JEFF'S AUTO REPAIR 156.35 6/10/2003 PK 117094 102554 JERABEK MACHINE SERV 3.66 Pi • Ll 0 6/10/2003 PK 117095 101938 JOHNSON BROTHERS LIQUOR CO. 13,621.67 6/10/2003 PK 117096 115620 JOHNSON, ANGIE 68.00 6/10/2003 PK 117097 105521 JKINN.EY & LANGE 54.00 6/10/2003 PK 117098 102466 KKLN 1,000.00 611012003 PK 117099 1030951 KNOX COMPANY 372.00 6/10/2003 PK 117100 104347 KOSEK, ANDREW 9.00 6/10/2003 PK 117101 105697 KQIC -0102 620.00 6/10/2003 PK 117102 117920 KRUEGER, HAROLD 75.00 6/10/2003 PK 117103 1 102561 IL & P SUPPLY CO 285.89 6110/2003 PK 117104 102259 LAKE SUPERIOR COLLEGE 100.00 6/10/2003 PK 117105 101991 LAKES GAS CO. 44.56 6/10/2003 PK 117106 114699 LATOUR CONSTRUCTION 21,233.18 6/10/2003 PK 117107 102563 LEAGUE OF MN CITIES 475.00 6/10/2003 PK 117108 102563 LEAGUE OF MN CITIES 590.00 6/10/2003 PK 111109 102563 LEAGUE OF MN CITIES 295.00 6/10/2003 PK 117110 102563 LEAGUE OF MN CITIES 295.00 6/10/2003 PK 117111 102563 LEAGUE OF MN CITIES 180.00 6/10/2003 PK 117112 102563 LEAGUE OF MN CITIES 180.00 6110/2003 PK 117113 102563 LEAGUE OF MN CITIES 147.50 6110/2003 PK 117114 102563 LEAGUE OF MN CITIES 295.00 6/1012003 PK 117115 102563 LEAGUE OF MN CITIES 147.50 6/10/2003 PK 117116 110852 LEAGUE OF MN CITIES -INS TRUST 2,917.04 6/10/2003 PK 117117 117978 LEIDER, ANNA 20.00 6/10/2003 PK 117118 101974 LENNEMAN BEVERAGE DIST. INC 4,903.55 6/10/2003 PK 117119 110970 LEYDE, MICHELLE 70.00 6/10/2003 PK 117120 101984 LOCHER BROTHERS INC 28,791.42 6/10/2003 PK 117121 117922 LOCKRIDGE GRINDAL NAUEN PLLP 4,418.90 6/10/2003 PK 117122 102564 LOGIS 21,528.12 6/10/2003 PK 117123 102145 M -R SIGN 295.92 6/10/2003 PK 117124 102571 MACQUEEN EQUIP INC 148.00 6/10/2003 PK 117125 117382 MAKI PAINTING & DECORATING 300.00 5/10/2003 PK 117126 102572 MANKATO MOBILE RADIO 437.44 6/10/2003 PK 117127 102716 MAY, JAKE 10.00 6/10/2003 PK 117128 102489 MCLEOD COUNTY COURT ADMINISTRA 1,150.00 6/10/2003 PK 117129 1 112400 MENARDS - HUTCHINSON 271.78 6110/2003 PK 117130 102576 MERRILL, KENNETH B. 1,119.70 6/10/2003 PK 117131 101840 MEYER- CENTURY LABS 419.28 6/10/2003 PK 117132 102575 MINI BIFF 79.88 6/10/2003 PK 117133 105274 MINNBLUE DIGITAL IMAGING 54.83 6110/2003 PK 117134 108770 MINNESOTA DEPT OF ADMIN 37.00 6110/2003 PK 117135 105157 MINNESOTA SHREDDING 109.90 6/10/2003 PK 111136 102583 MINNESOTA VALLEY TESTING LAB 164.00 6/10/2003 PK 117137 104583 MOBILE VISION INC 80.33 6/10/2003 PK 117138 102882 MODERN FARM 96.95 6/10/2003 PK 117139 102655 MODERN MAZDA 203.00 6/10/2003 PK 117140 117926 MONROE 31.31 6/10/2003 PK 117141 103991 MOORE, ANDREA 28.00 6/10/2003 PK 117142 109318 MYERS- REINARTS, MARY 30.00 6/10/2003 PK 117143 114889 NOVA CONSULTING GROUP INC 50.00 6/10/2003 PK 117144 102592 OLSON'S LOCKSMITH 51.39 6/10/2003 PK 117145 118022 OSBURN ASSOC INC 187.25 6/10/2003 PK 117146 104785 PACK, BYRON 162.00 6110/2003 PK 117147 102187 PAUSTIS & SONS WINE CO 1,585.83 6/10/2003 PK 117148 101932 PELLINEN LAND SURVEYING 630.00 6/10/2003 PK 117149 105506 PETERSON FURNITURE SERVICE 2,633.78 6110/2003 PK 117150 102373 PINNACLE DISTRIBUTING 510.16 6/10/2003 PK 117151 105428 PIZZA HUT /SKY VENTURES LLC 104.22 6/10/2003 PK 117152 118019 POLZIN, ALICIA 25.00 6/10/2003 PK 117153 102445 POSTMASTER 660.00 6/10/2003 PK 1 117154 102598 QUADE ELECTRIC 1,628.12 6/10/2003 PK 117155 102052 QUALITY WINE & SPIRITS CO. 3,963.76 6/10/2003 PK 117156 102398 R & R EXCAVATING 7,663.65 6/10/2003 PK 117157 118021 REBUILD RESOURCES INC 228.41 6/10/2003 PK 117158 102091 RECREONICS 355.04 6/10/2003 PK 117159 102432 REED BUSINESS INFORMATION 411.32 6/10/2003 PK 117160 102395 REINER IRRIGATION & SEPTIC 1,021.71 6/10/2003 PK 117161 105266 RESERVE ACCOUNT 1,736.00 6/10/2003 PK 117162 102358 RIDGEWATER COLLEGE 783.00 6/10/2003 PK 117163 102021 RODEBERG, JOHN 289.19 6/10/2003 PK 117164 102225 RUNNING'S SUPPLY 328.60 6/10/2003 PK 117155 105081 RUTLEDGE, LENNY 257.33 6/10/2003 PK 117166 115622 SAMANIEGO, ASHLEY 20.00 6/10/2003 PK 117167 102436 SARA LEE COFFEE & TEA 330.99 6/10/2003 PK 117168 1 11801 0 SCHAEFER, KATIE 44.99 6/10/2003 PK 1 117169 1 118018 SCHERMAN, TAMMY 50.00 6/10/2003 PK 117170 105065 SCHIROO 122.48 6/10/2003 PK 117171 102606 SCHMELING OIL CO 88.44 6/10/2003 PK 117172 118012 SCHOW, MATT 126.00 6/10/2003 PK 117173 109801 SCOTT'S WINDOWS 42.60 6/10/2003 PK 117174 101892 SEH 26,030.20 6/10/2003 PK 117175 115821 SEPPELT, MILES 71.52 6/10/2003 PK 117176 102637 SEVEN WEST WASH & DRY 443.81 6/10/2003 PK 1 117177 1 102609 SHOPKO 75.57 6/10/2003 PK 117178 102610 SIMONSON LUMBER CO 35.18 6/10/2003 PK 117179 102611 SORENSEN'S SALES & RENTALS 36.92 6/1012003 PK 117180 102242 SRF CONSULTING GROUP 5,568.32 6/1012003 PK 117181 103363 ST. CLOUD RESTAURANT SUPPLY 479.72 6/10/2003 PK 117182 102747 ST. JOSEPH'S EQUIPMENT INC 725.50 6/10/2003 PK 117183 102584 STAR TRIBUNE 55.90 6/10/2003 PK 117184 110990 STARKE, MELISSA 14.40 6/10/2003 PK 117185 1 104534 STAYWELL 17.95 6/10/2003 PK 117186 104121 ISTEVENS, MARY 70.00 6/10/2003 PK 117187 102617 STREICHERS 154.17 6/10/2003 PK 117188 102890 SUN TURF 812.94 6/10/2003 PK 117189 104160 TACTICAL, ALLIANCE 870.00 6/10/2003 PK 117190 102659 TEK MECHANICAL 18.88 6/10/2003 PK 117191 102618 TOWN & COUNTRY TIRE 49.53 6/10/2003 PK 117192 117924 TRAF- O -TERIA SYSTEM 164.26 6/10/2003 PK 117193 101971 TRAVELERS DIRECTORY SERVICE 402.00 6/10/2003 PK 1 117194 102620 TRI CO WATER 190.22 6/1012003 PK 117195 109290 TURJA, JASEN 334.00 6/10/2003 PK 117196 102619 TWO WAY COMM INC 2,708.31 6/10/2003 PK 117197 102441 U S BANK 193.38 6/10/2003 PK 117198 102058 U.S. CAVALRY 151.27 u J 0 6/10/2003 PK 117199 118025 VEGA, LILIA 23.00 6/10/2003 PK 117200 102132 VIKING COCA COLA 3125 6/10/2003 PK 117201 104709 VIVID IMAGE 131.25 6110/2003 PK 117202 118011 VOSS, MARLYN 150.00 6/10/2003 PK 117203 108777 VOSTINAR, JOE 80.00 6/10/2003 PK 117204 105122 WASTE MANAGEMENT 42,177.20 6/10/2003 PK 117205 118033 WEGNER, JAKE 23.86 6/10/2003 PK 117206 118014 WEHRMAN, KATHY 56.00 6/10/2003 PK 117207 1 103870 WEST GROUP 508.16 6/10/2003 PK 117208 118031 IWILSON TRAILER SALES OF MN INC 9,750.00 6/10/2003 PK 117209 103452 WINE COMPANY, THE 5,436.00 6/10/2003 PK 117210 101963 WITTE SANITATION 481.73 6/10/2003 PK 117211 105354 WRIGHT COUNTY COURT ADMIN 200.00 6/10/2003 PK 117212 102632 XEROX CORP 1,054.50 6/10/2003 PK 117213 105342 YOST, JOANN 18.00 6/10/2003 PK 117214 105571 ZEP MANUFACTURING CO 571.45 650,984.12 Account N 650,984.12