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cp11-22-1994 cAlIkk AdIbk Aik qr SUNDAY MONDAY TUESDA -20- -21- -22- 10:00 A.M. - Directors Meeting at City Center to ...- Complete Policies 5:15 P.M. - Telecommunication 5:15 P.M. - City Council and Commission Meeting at Directors Workshop at City Center Staff City Center (with Robt. HUTCHINSON Conference Room Fjerstad) CITY CALENDAR 6:30 P.M. - Light Traffic 7:30 P.M. - City Council Task Force Meeting at Meeting at City Center City Center Main Week of Conference Room Nov. 20 t0 Nov. 26 1994 WEDNESDAY THURSDAY FRIDAY SATURDAY -23- -24- -25- -26- THANR.SGIYING DAY ALL CITY OFFICES CLOSED 10:00 A.M. - Directors Meeting at City Center l V AGENDA • REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 22, 1994 1. CALL TO ORDER - 7:30 P.M. 2. INVOCATION - Rev. Thor Skeie, Faith Lutheran Church 3. CONSIDERATION OF MINUTES REGULAR MEETING OF NOVEMBER 7, 1994 AND SPECIAL MEETINGS ON NOVEMBER 1, 1994 Action - Approve as distributed - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - OCTOBER 1994 CITY INVESTMENTS REPORT 2. PLANNING COMMISSION MINUTES OF OCTOBER 18, 1994 3. AIRPORT COMMISSION MINUTES OF OCTOBER 31, 1994 4. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF OCTOBER 18, 1994 5. HUTCHINSON HOUSING, INC. MINUTES OF OCTOBER 18, 1994 6. LIBRARY BOARD MINUTES OF OCTOBER 24, 1994 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 10338 - RESOLUTION FOR PURCHASE 2. RESOLUTION NO. 10339 - RESOLUTION TRANSFERRING FUNDS FROM 1980 TAX INCREMENT DEBT SERVICE FUND TO 1985, 1990 AND 1992 TAX INCREMENT DEBT SERVICE FUNDS 3. RESOLUTION NO. 10343 - RESOLUTION AMENDING RESOLUTION NO. 10335, LETTING NO. 5, PROJECT NO. 95 -05 4. RESOLUTION NO. 10344 - RESOLUTION AMENDING RESOLUTION NO. 10337, LETTING NO. 7, PROJECT NO. 95 -07, 95 -08, 95 -09 5. RESOLUTION NO. 10345 - TRANSFERRING $65,000 FROM LIQUOR FUND TO GENERAL FUND (c) SNOW REMOVAL PERMIT FOR RORY C. KARG (d) DELINQUENT WATER AND SEWER ACCOUNTS (e) CHANGE ORDER NO. 3, LETTING NO. 12, PROJECT NO. 94 -28 AND LETTING NO. 3, PROJECT NO. 94 -03; CHANGE ORDER NO. 1, LETTING NO. 5, PROJECT NO. 94 -05 AND LETTING NO. 8, PROJECT NO. 94 -09 (f) ELIMINATION OF TABLE AND CHAIR RENTALS EFFECTIVE IN 1995 (g) CONDITIONAL USE PERMIT REQUESTED BY MCLEOD COUNTY TREATMENT CENTER /BETHANY BAPTIST CHURCH TO CHANGE USE FROM CHURCH TO SHELTER HOME IN R -2 DISTRICT WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION (h) AMENDMENT TO ZONING ORDINANCE NO. 464, SECTION 10.08, REGARDING ANTENNAS AND TOWERS WITH FAVORABLE RECOMMENDATION OF STAFF RECOMMENDATIONS BY PLANNING COMMISSION (FIRST READING OF ORDINANCE NO. 94 -125 AND SET SECOND READING FOR DECEMBER 13, 1994) • (i) ANNEXATION OF 8.50 ACRES IN LYNN TOWNSHIP REQUESTED BY ROBERT COWGER WITH FAVORABLE RECOMMENDATION OF STAFF RECOMMENDATIONS BY PLANNING COMMISSION (FIRST READING OF ORDINANCE NO. 94 -126 AND SET SECOND READING FOR DECEMBER 13, 1994) • (j) CONDITIONAL USE PERMIT TO MOVE 1972 MOBILE HOME ONTO LOT IN MCDONALD'S TRAILER COURT WITH FAVORABLE RECOMMENDATION OF STAFF RECOMMENDATIONS BY PLANNING COMMISSION (ADOPT RESOLUTION NO. 10340) (k) CONDITIONAL USE PERMIT REQUESTED BY CINDY BEADELL TO SELL CHRISTMAS TREES IN R -2 DISTRICT LOCATED AT 540 GLEN STREET WITH FAVORABLE RECOMMENDATION OF STAFF RECOMMENDATIONS BY PLANNING COMMISSION (ADOPT RESOLUTION NO. 10341) (1) CONDITIONAL USE PERMIT REQUESTED BY DOUG RETTKE TO MOVE BUILDING FOR WAREHOIUSE TO I/C DISTRICT LOCATED AT 184 FOURTH AVENUE NW WITH FAVORABLE RECOMMENDTAION OF STAFF RECOMMENDATIONS BY PLANNING COMMISSION (ADOPT RESOLUTION NO. 10342) (m) REZONING PROPERTY ON HWY. 7 EAST FROM R -1 TO C -4 REQUESTED BY ROBERT BARWICK FOR CONSTRUCTION OF MOTEL WITH FAVORABLE RECOMMENDATION OF STAFF RECOMMENDATIONS BY PLANNING COMMISSION (FIRST READING OF ORDINANCE NO. 94 -127 AND SET SECOND READING FOR DECEMBER 13, 1994) (n) APPLICATION FOR CHRISTMAS TREE SALES PERMIT FROM CINDY BEADELL • Action - Motion to approve consent agenda PA • CITY COUNCIL AGENDA - NOVEMBER 22, 1994 5. PUBLIC HEARING None 6. COMMUNICATIONS, REQUESTS AND PETITIONS None 7. RESOLUTIONS AND ORDINANCES (a) SEE CONSENT AGENDA 8. UNFINISHED BUSINESS (a) CONSIDERATION OF PURCHASING PROPERTY ADJACENT TO COMPOST SITE AND "HATS" FACILITY (DEFERRED NOVEMBER 7, 1994) Action - Motion to reject - Motion to approve 9. NEW BUSINESS (a) CONSIDERATION OF ENTERING INTO LEASE AGREEMENT WITH MCNELLY GROUP FOR DEMONSTRATION COMPOSTING PROJECT • Action - Motion to reject - Motion to approve and enter into contract • (b) CONSIDERATION OF ESTABLISHING DATE FOR SPECIAL MEETING FOR REVIEW OF 1995 BUDGET Action - (c) CONSIDERATION OF ESTABLISHING PUBLIC HEARING DATE CONCERNING LOCAL ADMISSIONS POLICY FOR PARK TOWERS Action - (d) CONSIDERATION OF PARKS /RECREATION /COMMUNITY EDUCATION ADVISORY BOARD RECOMMENDATION TO INITIATE 1.5% CAPITAL OUTLAY ACCOUNT IN 1995 PARKS /RECREATION BUDGET Action - Motion to reject - Motion to approve (e) CONSIDERATION OF PURCHASE OF PHARMACY AUTOMATED MEDICATION SYSTEM FOR HUTCHINSON COMMUNITY HOSPITAL Action - Motion to reject - Motion to approve 3 CITY COUNCIL AGENDA - NOVEA�ER 22, 1994 . 10. MISCELLANEOUS (a) COMMUNICATIONS FROG CITY ADMINISTRATOR 1. LIQUOR STORE UPbATE /REPORTING AND MEASUREMENT SYSTEM 11. CLAIMS. APPROPRIATIONS CONTRACT PAYMENTS (a) VERIFIED CLAIMS Action - Motion to3approve and authorize payment from appropriate funds 12. ADJOURNMENT 0 • • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL MONDAY, NOVEMBER 7, 1994 1. The meeting was called to order at 7:30 P.M. by Mayor Torgerson. Present were: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. In the absence of a pastor, there was no invocation. 3. CONSIDERATION OF MINUTES The minutes of the regular meeting of October 25, 1994 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - OCTOBER 1994 2. HOSPITAL /NURSING HOME BOARD MINUTES OF SEPTEMBER 20, 1994 (b) RESOLUTIONS AND ORDINANCES 1, ORDINANCE NO. 94 -121 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING SECTION 4.05 OF THE HUTCHINSON CITY CODE REQUIRING DEMOLITION PERMITS AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 2. ORDINANCE NO. 94 -122 - AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN LAND OWNED BY ROBERT BARWICK AND ABUTTING THE CITY OF HUTCHINSON PURSUANT TO MINNESOTA STATUTES 414.033, SUBDIVISION 2(3) (SECOND READING OF AMENDED ORDINANCE AND ADOPT) 3. ORDINANCE NO. 94 -123 - AN ORDINANCE TO VACATE PROPERTY LINES, DRAINAGE AND UTILITY EASEMENTS LOCATED ALONG PROPERTY LINE BETWEEN LOTS 6 AND 7 AND LOTS 7 AND 8, BLOCK 3, ISLAND VIEW HEIGHTS (SECOND READING AND ADOPT) 4. ORDINANCE NO. 94 -124 - AN ORDINANCE TO VACATE DRAINAGE AND UTILITY EASEMENT FOR PROPERTY LOCATED AT 1201 MAIN STREET NORTH (SECOND READING AND ADOPT) Ej CITY COUNCIL MINUTES - NOVEMBER 7, 1994 5. RESOLUTION NO. 10331 - RESOLUTION GRANTING APPROVAL TO CHANGE STREET NAME IN THE PLAT RECORDED AS PARKSIDE SECOND ADDITION 6. RESOLUTION NO. 10332 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES 7. RESOLUTION NO. 10333 - RESOLUTION ADOPTING REVISED ASSESSMENTS (ROLL NO. 296 & 296A) 8. RESOLUTION NO. 10334 - RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT, LETTING NO. 5, PROJECT NO. 95 -05 (HARMONY LANE /LINCOLN AVENUE) 9. RESOLUTION NO. 10335 - RESOLUTION RECEIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENT, LETTING NO. 5, PROJECT NO. 95 -05 10. RESOLUTION NO. 10336 - RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT, LETTING NO. 7, PROJECT NO. 95 -07, 08, 09 (FIFTH AVENUE NE /PROSPECT STREET /SIXTH AVENUE NE) 11. RESOLUTION NO. 10337 - RESOLUTION RECEIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENT, LETTING NO. 7, PROJECT NO. 95 -07, 08, 09 (c) SNOW REMOVAL PERMIT FOR GENE C. BETKER, DICK EWERT JR. AND WHITE CONSTRUCTION (d) GAMBLING LICENSE FOR ABATE TO HOLD RAFFLE OF MOTORCYCLE (e) APPOINTMENTS TO BOARDS: 1. ROY M. JOHNSEN - PIONEERLAND LIBRARY SYSTEM BOARD 2. DENNIS SCHROEDER - TELECOMMUNICATIONS COMMISSION 3. HOSPITAL /NURSING HOME BOARD - ELAINE BLACK AND RICHARD MYERS The motion to approve the consent agenda, except for item 4 -b (7), was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. Following discussion of Resolution No. 10333 regarding the revised assessments, the motion to approve and adopt was made by Council Member Craig, seconded by Council Member Mlinar and unanimously carried. 2 0 CITY COUNCIL MINUTES - NOVEMBER 7, 1994 0 5. PUBLIC HEARING (a) DRAFT OF FACILITIES PLAN AMENDMENT AND RECOMMENDED PLAN FOR WASTEWATER TREATMENT FACILITY BY RUST E & I Mayor Torgerson called the public hearing to order at 8:00 P.M. Engineer Ed Nevers from RUST E &I explained the results of the study conducted to determine if the City's wastewater treatment facilities were in compliance with the sludge regulations which go into effect by Feburary 1995. The preliminary draft of the Facilities Plan Amendment and the recommended plan for the wastewater treatment facility was presented. Mr. Nevers recommended a composting facility taking in yard waste for the final disposal of biosolids. The motion to close the hearing at 8:15 P.M. was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. After the hearing, options were discussed and approval was given for City staff to proceed with the concrete pad at the wastewater treatment plant to facilitate the holding of the containerized composters. Since the MPCA must approve the project, Mr. Nevers and Mr. Jim McNelly suggested the following procedure: (1) authorize sending a letter to the State regarding what the project would involve; (2) proceed with scraping of the material prior to winter's arrival; (3) prepare a leasing arrangement for the composting equipment; and (4) finalize the contract for the containerized composting program at the next Council meeting. Following discussion, the motion to proceed with the soil preparation to get the earth work done and to accept the City Administrtor's recommendation to wait two weeks to meet the February 1995 deadline was made by Council Member Craig, seconded by Council Member Erickson and unanimously carried. The motion to approve the Facilities Plan Amendment was made by Council Member Erickson, seconded by Council Member Craig and unanimously carried. 6. COMMUNICATIONS REQUESTS AND PETITIONS 3 CITY COUNCIL MINUTES - NOVEMBER 7, 1994 0 (a) PRESENTATION BY TOM SAVAGE REGARDING MCLEOD COUNTY HOUSING REDEVELOPMENT AUTHORITY PROPOSAL FOR RENTAL UNITS IN HUTCHINSON Mr. Tom Savage presented a report from the Community Action Agency regarding the need for rental units in every community within McLeod County. The Board has approached the County Commissioners for a bond issue to finance construction of units in the county. It was noted that the towns of Hutchinson and Glencoe had been excluded from the plan to avoid any conflict with private developers who are building rental unit structures. Mr. Savage promised to keep the Council informed of the project's development. (b) PRESENTATION BY CITY ADMINISTRATOR ON COMMUNITY SURVEY RESULTS Administrator Plotz presented a comparison of the city surveys from 1988 and 1991 with the recent tallied results from the 1994 community survey by means of graphic overheads. He reported approximately 1,750 residents responded to the survey. (c) DISCUSSION OF COUNTY SUB - COMMITTEE RECOMMENDATION TO INCREASE COUNTY TIPPING FEE (ON OUT -OF- COUNTY GARBAGE) The City Administrator stated he had not heard the Finance Committee's recommendation regarding the increase in the County tipping fee to $2.60 by July 1, 1995. Following discussion, it was the consensus of the Council that additional information was needed to reach a decision. RESOLUTIONS AND ORDINANCES (a) SEE CONSENT AGENDA UNFINISHED BUSINESS None NEW BUSINESS (a) CONSIDERATION OF 1995 ASSESSMENT AGREEMENT BETWEEN MCLEOD COUNTY AND CITY The motion to approve the 1995 assessment agreement was made by Council Member Mlinar, seconded by Council Member 4 0 CITY COUNCIL MINUTES - NOVEMBER 7, 1994 Peterson and unanimously carried. (b) CONSIDERATION OF APPLICATION FOR FEDERAL ENHANCEMENT FUNDS FOR CONSTRUCTION OF DOWNTOWN CROW RIVER TRAIL Following discussion, the motion to approve the Resolution of Support and agreement was made by Council Member Peterson, seconded by Council Member Mlinar and unanimously carried. (c) CONSIDERATION OF PROPOSED CHANGE OF CEMETERY PRICE STRUCTURE Following discussion, the motion to approve the revised price structure was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (d) CONSIDERATION OF PURCHASING PROPERTY ADJACENT TO COMPOST SITE AND "HATS" FACILITY Engineer Rodeberg reported the property adjacent to the compost site and "HATS" facility was owned by Rod Riewer who had an easement through the city property for access to his landlocked lot. The owner had agreed to sell the property to the City for $3,500.00 if he could keep the RIM payment. The RIM program is for a 10 -year period, and nothing can be done with the property during that timeframe. Following discussion, the motion to defer to the next Council meeting was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG Council Member Craig inquired about the City's quality program. (b) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Council Member Mlinar asked about the outcome of the meeting held with the Shopko manager and City staff. Administrator Plotz informed him that the issues discussed included: (1) replacement of some of the stones 5 CITY COUNCIL MINUTES,- NOVEMBER 7, 1994 between the Shopko parking lot and sidewalk with wood chips or mulch; (2) minimal cleaning of the parking lot with the City street sweeper; (3) cut off of youth activity at the Shopko site might force it to shift to a less desirable and controllable area; and (4) garbage pickup in the parking lot. (c) COMMUNICATIONS FROM COUNCIL MEMBER KAY PETERSON Council Member Peterson wondered about the results of the Hutchinson Utilities' fly -over energy audit. She was told that the energy audit was not performed this year, but another plan was offered. (d) COMMUNICATIONS FROM COUNCIL MEMBER DON ERICKSON Council Member Erickson inquired if the improvement for Osgood Avenue was on the agenda. (e) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz stated there was a final report on the liquor store sales. He also noted the new computer program was being utilized. (f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg reported the testing program was delayed. He also stated the good weather made it possible for the grading work in Roberts Park to bes completed, and Lakewood Drive had curb, gutter, and gravel put in, with paving to be completed this month. It was noted by the City Engineer that the Hutchinson airport won an award for the best bituminous runway in the state. On November 21 the award will be presented to the City. The City Engineer requested authorization to contract with O.S.M. for the South Grade /Bluff Street bridge and road work at a cost of $11,100.00 for the additional work. He reported there was funding in the improvement funds to cover the additional cost for the bridge work. Following discussion, additional cost by O.S. Erickson, seconded by unanimously carried. the motion to approve the M. was made by Council Member Council Member Mlinar and 0 0 6 0 0 CITY COUNCIL MINUTES - NOVEMBER 7, 1994 9 (g) COMMUNICATIONS FROM MAYOR TORGERSON Mayor Torgerson commended the outstanding recycling and composting program in operation within the City of Hutchinson. (h) DRAWING FOR COMPOSTING PROGRAM WINNERS Three names were drawn from a list of individuals who participated in the composting program this year. The winners were: > COMPOST BIN - John Hartman • BLOWER VAC - Tracy Marquardt • TORO LAWN MOWER - Mark Goldschmidt 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and authorize payment from appropriate funds was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:30 P.M. 7 MINUTES SPECIAL MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 1, 1994 The special meeting of the Board of Education and City Council was called to order at 5:00 P.M. by Mayor Torgerson. The following were present: CITY COUNCIL- -Mayor Marlin Torgerson, Council Members John Mlinar, Kay Peterson, and Don Erickson; Council Member Bill Craig was absent. CITY STAFF - -City Administrator Gary D. Plotz and Finance Director Kenneth B. Merrill. SCHOOL BOARD- -Chair Doug Kenning, Doug Brown, Don Popp, Steve Borstad, Bonnie Baumetz, and Supt. Gary Swenson. MODERATOR - -Ed Ide Since the school district has been mandated to change its elections from May to November by 1998, the discussion centered on the pros and cons of an even or odd year election schedule for the school district. The option of a joint school /city election was also considered. The School Board will take action on the issue at its next meeting. The meeting adjourned at 5:55 P.M. 0 v MINUTES SPECIAL MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 1, 1994 The special meeting was called to order at 6:00 P.M. by Mayor Torgerson. Present were: Mayor Marlin Torgerson, Council Members John Mlinar, Kay Peterson, and Don Erickson; City Administrator Gary D. Plotz, Finance Director Kenneth B. Merrill, City Engineer John Rodeberg; and Dennis Palmer, engineer from Barr Engineering. Council Member Bill Craig was absent. The discussion focused on the potential of a storm water utility and its benefits. The meeting adjourned at 7:10 P.M. '--Z Is 9 OCTOBER 1994 CITY OF HUTCHINSON FINANCIAL STATEMENTS 42,870.20 OCTOBER 19 3,289.80 92.9% 1994 20,907.80 172,632.10 190,364.00 REVENUE REPORT - GENERAL OCT. YEAR TO ADOPTED BALANCE PERCENTAG 1,945.20 ACTUAL DATE ACTUAL BUDGET REMAINING USED • TAXES 0.00 665,628.08 1,294,497.00 628,868.92 51.4% LICENSES 6,295.00 22,513.00 22,650.00 137.00 99.4% PERMITS AND FEES 23,635.42 145,129.76 162,000.00 16,870.24 89.6% INTERGOVERNMENT REVENUE 6,976.00 1,198,070.88 2,239,548.00 1,041,477.12 53.5% CHARGES FOR SERVICES 315,428.73 815,605.23 874,841.00 59,235.77 93.2% FINES & FORFEITS 3,768.52 35,472.80 56,250.00 20,777.20 63.1% INTEREST 9,764.95 85,754.31 35,000.00 (50,754.31) 245.0% SURCHARGES - BLDG PERMITS 1,297.59 1,365.39 250.00 (1,115.39) 546.2% CONTRIBUTIONS FROM OTHER FUND 200.00 286,200.00 548,500.00 262,300.00 52.2% REIMBURSEMENTS 13,253.79 32,519.61 22,200.00 (10,319.61) 146.5% SALES 90.5% 0.00 8,300.00 8,300.00 0.0% TOTAL 380,620.00 3,288,259.06 5,264,036.00 1,975,776.94 62.5% EXPENSE REPORT GENERALFUND MAYOR & COUNCIL 6,786.70 42,870.20 46,160.00 3,289.80 92.9% CITY ADMINISTRATOR 20,907.80 172,632.10 190,364.00 17,731.90 90.7% ELECTIONS 216.70 5,279.80 7,225.00 1,945.20 73.1% FINANCE 22,680.90 237,177.30 276,900.00 39,722.70 85.7% MOTOR VENICE 10,143.10 76,148.50 81,576.00 5,427.50 93.3% ASSESSING 0.00 0.00 24,300.00 24,300.00 0.0% LEGAL 4,164.00 45,009.70 55,720.00 10,710.30 80.8% PLANNING 4,954.70 16,266.70 8,150.00 (8,116.70) 199.6% POLICE DEPARTMENT 137,324.00 1,115,643.50 1,287,174.00 171,530.50 86.7% LIAISON OFFICER 5,409.80 35,012.10 38,613.00 3,600.90 90.7% •SCHOOL EMERGENCY MANAGEMENT 4.30 53,052.90 1,850.00 (51,202.90) 2867.7% SAFETY COUNCIL 0.00 0.00 250.00 250.00 0.0% FIRE DEPARTMENT 11,943.70 124,274.80 159,273.00 34,99820 78.0% FIRE MARSHAL 2,239.60 19,152.40 21,16100 2,010.60 90.5% BUILDING INSPECTION 11,737.70 97,702.50 106,669.00 8,966.50 91.6% ENGINEERING 32,373.80 308,233.20 400,605.00 92,371.80 76.9% STREETS & ALLEYS 40,478.30 367,668.20 448,047.00 80,378.80 82.1% STREET MAINTENANCE A/C 5,888.40 64,634.60 90,200.00 25,565.40 71.7% CITY HALL 7,243.40 108,876.90 67,837.00 (41,039.90) 160.5% PARK/REC ADMIN. 12,584.40 116,329.50 129,730.00 13,400.50 89.7% RECREATION 14,623.80 180,830.60 214,559.00 33,728.40 84.3% SENIOR CITIZENS CENTER 7,500.50 73,293.70 88,263.00 14,969.30 83.0% CIVIC ARENA 18,670.50 138,200.80 145,042.00 6,841.20 95.3% PARK DEPARTMENT 53,067.20 517,369.90 530,795.00 13,425.10 97.5% RECERATION BUILDING & POOL 4,795.90 85,249.10 77,825.00 (7,424.10) 109.5% STREAMBANK PROGRAM 0.00 0.00 0.00 0.00 0.0% LIBRARY 1,295.20 86,670.40 91,528.00 4,857.60 94.7% CEMETERY 10,113.60 67,337.60 70,606.00 3,268.40 95.4% DEBT SERVICE 700.00 24,579.00 23,900.00 (679.00) 102.8% AIRPORT 1,461.00 51,113.60 56,615.00 5,501.40 90.3% TRANSIT 11,371.60 103,259.60 114,125.00 10,865.40 90.5% COMMUNITY DEVELOPMENT 10,065.40 54,300.40 63,009.00 8,708.60 86.2% SCDP COORD. 0.00 2,869.20 0.00 (2,869.20) 0.0% UNALLOCATED 26,532.30 352,349.30 451,907.00 99,557.70 78.0% TOTAL 497,278.30 4,743,388.10 5,369,980.00 626,591.90 56.09 9,249.40 9,249.40 OCTOBER 1994 CITY OF HUTCHINSON FINANCIAL REPORT - 1994 OCTOBER ENTERPRISE FUNDS REVENUE REPORT - LIQUOR FUND OCT. YEARTO ADOPTED BALANCEPERCENT ACTUAL DATEACTUAL BUDGET REMAINING USED • LIQUOR SALES 50,373.82 481,979.80 555,000.00 73,020.20 86.8% WINE SALES 13,552.55 136,853.31 164,000.00 27,146.69 83.4% BEER SALES 76,376.34 807,185.95 900,000.00 92,814.05 89.7% BEER DEPOSIT (282.72) (464.32) 0.00 464.32 0.0% MISC. SALES 5,624.67 61,565.90 60,000.00 (1,565.90) 102.6% LOTTERY SALES 1,756.25 4,359.74 4,000.00 (359.74) 109.0% INTEREST 250.42 6,325.34 2,000.00 (4,325.34) 316.3% REFUNDS & REIMBURSEMENTS 0.00 210.00 5,572.37 (210.00) 0.0% CASH DISCOUNTS (893.71) (9,728.83) (1,500.00) 8,228.83 648.6% TOTAL 146, 757.62 1,488, 286.89 1,683,500.00 195, 213.11 88.4% LIQUOR FUND PERSONEL SERVICES 15,263.04 105,080.45 123,758.00 18,677.55 84.9% REPAIR & MAINTENANCE 258.90 5,251.92 4,250.00 (1,001.92) 123.6% CONSULTING 0.00 1,169.90 2,000.00 830.10 58.5% OTHER SERVICE & CHARGES 2,026.15 44,844.74 51,750.00 6,905.26 86.7% DEPRECIATION 0.00 0.00 19,200.00 19,200.00 0.0% DEBT SERVICE 0.00 35,950.00 35,370.00 (580.00) 101.6% TRANSFERS 0.00 0.00 120,000.00 120,000.00 0.0% COST OF SALES 142,099.50 1,240,556.95 1,272,654.00 32,097.05 97.5% MISCELLANEOUS 0.00 5,572.37 6,100.00 527.63 91.4% CAPITAL OUTLAY 2,500.00 13,367.10 15,000.00 1,632.90 0.0% TOTAL 162,147.59 1,451,793.43 1,650,082.00 198,288.57 88.0% • REVENUE REPORT -WATER SEWER/FUND RECYCLE BAGS 349.00 778.00 (778.00) 0.0% WATER SALES 47,760.92 484,909.71 540,000.00 55,090.29 89.8% WATER TREATMENT SURCHARGE 1,247.72 1,176.96 0.00 WATER METER 1,935.00 8,059.50 16,000.00 7,940.50 50.4% REFUSE SERVICES 24,721.89 352,712.45 438,000.00 85,287.55 80.5% REFUSE SURCHARGE 2,827.53 39,870.25 51,300.00 11,429.75 77.7% REFUSE STICKER SALES 116.00 865.00 COMPOST CREDIT (353.27) (5,360.56) SEWER SERVICES 125,690.19 1,424,135.88 1,800,000.00 375,864.12 79.1% PENALTY CHARGES 2,495.14 22,793.99 15,000.00 (7,793.99) 152.0% INTEREST EARNED 3,562.50 37,809.10 120,000.00 82,190.90 31.5% SCORE 73,688.98 116,000.00 42,311.02 63.5% REFUNDS & REIMBURSEMENTS 8.24 2,976.99 3,000.00 23.01 992% PROCEEDS FROM BOND SALE 2,820.54 (2,820.54) LOAN REPAYMENT 411.76 48,587.83 (48,587.83) OTHER 725.13 9,657.05 2,000.00 (7,657.05) 482.9% CONNECTION CHARGES 1,555.00 0.00 (1,555.00) TOTAL 211,497.75 2,507,036.67 3,101,300.00 594,263.33 80.8% EXPENSE REPORT - WATER SEWER/FUND REFUSE 55,615.23 375,394.67 376,640.00 1,245.33 99.7% WATER 67,808.82 643,821.22 960,715.00 316,893.78 67.0% SEWER 53,765.09 1,209,943.04 3,142,249.00 1,932,305.96 38.5% TOTAL 177,189.14 2,229,158.93 4,479,604.00 2,250,445.07 49.8% • CITY OF HUTCHINSON *CMO purchase anticapted payback is 4.332 years with a yield of 7.328% This instrument receives payments monthly and depending on speed of payment of mortgagages the yield could increase or decrease ** A GNMA with fixed maturity but has a call date of 8/12/97 * ** Federal Home Loan Mtg Corp w/ floating rate (floor of 5.0 %) CERTIFICATES OF DEPOSIT October 18,1994 • Date Date Interest Of Of Institution Description Rate Purchase Maturity Amount -- ----- - - - - -- TREAS BONDS ------ -- ---- 644136 ------ - - - - -- - - - 7.18% --- ----- - - - - -- 12/12/91 ----- - -- - --- 2/15/2001 -- ------- - - - - -- 373,500.00 TREAS BONDS 644137 7.13% 12/12/91 10/15/98 307,312.50 Firstate 41- 1214999 -8 3.70% 12/30/92 12/30/93 500,000.00 Smith Barney CMO 80AP9 7.380% 2/15/93 5/1/2018 167,173.75 Smith Barney GNMA865M7 7.363% 2/15/93 8/10/2002 128,077.78 Smith Barney 31 400 S H 7 5.00% 12/30/93 03/10/00 300,071.92 Firstate 41 1218148 4.65% 10/13/94 12/15/94 200,000.00 Smith Barney 999919 zu 0 4.50% 10/13/94 10/27/94 2,864,148.36 Citizens Bank 29796 4.30% 11/10/94 01/12/95 300,000.00 • Citizens Bank 29798 4.60% 11/10/94 02/16/95 300,000.00 Citizens Bank 29788 4.60% 11/10/94 03/16/95 400,000.00 Citizens Bank 29790 4.60% 11/10/94 04/13/95 500,000.00 Citizens Bank 29792 4.60% 11/10/94 05/11/95 200,000.00 ' $6,540,284.31 *CMO purchase anticapted payback is 4.332 years with a yield of 7.328% This instrument receives payments monthly and depending on speed of payment of mortgagages the yield could increase or decrease ** A GNMA with fixed maturity but has a call date of 8/12/97 * ** Federal Home Loan Mtg Corp w/ floating rate (floor of 5.0 %) MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, October 18, 1994 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Clint Gruett at 5:30 p.m. with the following members present: Glenn Matejka, Roger Gilmer, Bill Craig and Chairman Gruett. Members Absent: Craig Lenz, April Brandt and Dean Wood. Also present: Jim Marko, Building Official, Brenda Ewing, Planning Coordinator and G. Barry Anderson, City Attorney. 2. CONSIDERATION OF MINUTES OF REGULAR MEETING DATED SEPTEMBER 20,1994 Mr. Matejka made a motion to approve the minutes dated September 20, 1994, seconded by Mr. Gilmer the motion carried unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF ANNEXATION OF 10 ACRES OF PROPERTY LOCATED ON HWY 7 E. REQUESTED BY LARRY FRASER, CENTURY 21 Chairman Gruett opened the hearing at 5:32 p.m. with the reading of publication #4722 as published in the Hutchinson Leader on Thursday, October 6, 1994. the request is for the purpose of considering a petition of annexation requested by Mr. Robert Barwick, to annex 10.75 acres located on Hwy 7 East. Mr. Larry Fraser, Century 21, representing Mr. Barwick, commented on the location of the annexation for the purpose of constructing a 46 unit Americlnn motel on the property. He stated next month he will be asking to rezone the property to C -4. Planning Coordinator Brenda Ewing explained the annexation lams and the lengthening of the process. Discussion followed on the location of the city boundary. Building Official Jim Marko stated the request complies with the comprehensive plan and the land use is appropriate. He explained the infrastructure will be handled at the city council level. City Attorney G. Barry Anderson commented on the governmental process. He stated the developer will be proceeding with the soil testing at their own risk until November 10, 1994, the date the State Municipal Board will act on the request. HUTCHINSON PLANNING COMMISSION MINUTES 10/18/94 0 Mr. Craig moved to close the hearing, seconded by Mr. Matejka the hearing closed at 5:45 p.m. Mr. Craig made a motion to recommend approval of the annexation. Seconded by Mr. Gilmer the motion carried unanimously. b) CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MCLEOD COUNTY TREATMENT CENTER FOR ADDITION TO GROUP HOME ON FRANKLIN AVE. Building Official Jim Marka stated the item was withdrawn as the addition will be constructed to meet the codes. c) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MCLEOD COUNTY TREATMENT CENTER'BETHANY BAPTIST CHURCH TO PLACE GROUP HOME IN R -2 DISTRICT Chairman Gruett opened the hearing at 5:46 p m. with the reading of publication # 4723 as published in the Hutchinson Leader on Thursday, October 6, 1994. The request is for the purpose of considering a conditional use permit requested by McLeod County Treatment Inc.Bethany Baptist Church to change use of building located at 800 Grove Street. Mr. Tom Price, consultant and therapist for the Treatment Program, explained the use of the proposed shelter home for McLeod County children ages 6 -16 years old. He stated the shelter is licensed by the Dept. of Human Services and explained the length of stay is short term of 3 to 60 days. The children are referred to the shelter by a social worker for a safe place to stay Mr. Price explained they want to work with the neighbors as a good neighbor. Mr. Steve Fitzloff, 820 Grove St., commented on the handout "Shelter Home Information' and voiced his concern with the use of the facility regarding the individuals placed there to live. He is concerned for his family. Mr. Fitzloff also stated he contacted the police department and received information on the number of calls they make to the other group homes Mr. Dick Jensen, 216 Linden Ave., also shared concerns about the proposed use and how that would possibly affect his family and the neighborhood. His other concern was of the resale of surrounding property and how this use would affect the values of the neighboring homes. Building Official Jim Marka commented on the licensing of the facility and the zoning requirements according to state law. 2 0 HUTCHINSON PLANNING COMNIISSION MINUTES 10/18/94 Discussion followed on the increasing need for this type of facility and the land use. Ms. Jill Kloeckel, Director of McLeod County Treatment Center, stated the home will be for children placed by the Dept. of Human Resources not the Dept. of Corrections as is the case in the other group homes in Hutchinson. She explained the children placed in this shelter are abused or need a safe place to live outside of their homes. This is a transition step to a foster home. Mr. Warren Sytsma, property owner in the area, had concerns with the facility developing into more than the shelter being explained tonight. Mr. Price explained the focus is on children only. He stated any other use would be by another conditional use permit request. Mr. Price also addressed the police calls explaining they were, for the most part, russets between residents themselves. The supervision is 24 hours a day, 7 days a week. He stated the children are never unsupervised inside or outside and the children are from the Hutchinson/McLeod County area not the Twin Cities area. • Ms. Deb Fitzloff, 820 Grove Street, expressed concerns with the information on the letter and asked for corrected information. E Mr. Grant Knutson, Chairman of the McLeod County Treatment Center board, suggested he set up an informational meeting with neighboring property owners and postpone the public hearing to November. Mr. Ray Otte, 875 Lynn Rd., commented on concerns of the land use and the site plan if changes are made. Ms. Mary Burger, neighboring property owner, presented a list of questions the neighbors would like addressed. Mr. Craig made a motion to continue the hearing to November after an informational meeting is held which is to be coordinated by Grant Knutson and Steve Fitzloff. Seconded by Mr. Matejka the motion carried unanimously. 3 HUTCHINSON PLANNING COMMISSION MINUTES 10/18/94 0 d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RICHARD DESENS TO CONSTRUCT A 6700 SQ. FT. ADDITION TO NEW DIMENSION PLATING Chairman Gruett opened the hearing at 6:30 p.m. with the reading of publication #4724 as published in the Hutchinson Leader on Thursday, October 6, 1994. The request is for the purpose of considering a conditional use permit submitted by Mr. Richard Desens for a 6700 sq. ft. addition to New Dimension Plating for manufacturing space. Mr. Desens, New Dimension Plating, commented on the addition and the timeline he has set. Building Official Jim Marka stated the right of way is to be dedicated and the easements to the west of the property are to be coordinated. He stated the land use is appropriate in the I -1 district. Mr. Gilmer moved to close the hearing, seconded by Mr. Craig the hearing closed at 6:40 p.m. Mr. Gilmer made a motion to recommend approval of the request subject to the staff recommendations also including the dedication of right of way and granting the necessary easements- Seconded by Mr. Matejka the motion carried unanimously. e) CONSIDERATION OF PETITION TO VACATE EASEMENTS ON LOTS IN ISLAND VIEW HEIGHTS PLAT REQUESTED BY DR. H. CHRIS REMUCAL AND DR. MICHAEL MERCK Chairman Gruen opened the hearing at 6:41 p m with the reading of publication #4725 as published in the Hutchinson Leader on Thursday, October 6, 1994, and Tuesday, October 11, 1994. The request is for the purpose of considering a petition to vacate easements on lots in Island View Heights plat as requested by Dr. H. Chris Remucal and Dr. Michael Merck. Planning Coordinator Brenda Ewing explained the request and stated the city staff has no objection to the request. Mr. Craig moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 6:45 p.m. Mr. Craig made a motion to recommend approval of the vacation of easements. Seconded by Mr. Gilmer the motion carried unanimously. 4 0 HUTCHINSON PLANNING COMMISSION MINUTES 10/18/94 CONSIDERATION OF LOT SPLIT IN ISLAND VIEW HEIGHTS PLAT REQUESTED BY DR. H. CHRIS REMUCAL AND DR. MICHAEL MERCK Mr. Craig made a motion to recommend approval of the lot split, seconded by Mr. Matejka the motion carried unanimously. f) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 10.08 REGULATING ANTENNA HEIGHT Chairman Gruett opened the hearing at 6:47 p.m. with the reading of publication 44726 as published the Hutchinson Leader on Thursday, October 6, 1994. The request is for the purpose of considering an amendment to the zoning ordinance Section 10.08 regulating antenna height. Building Official Marka commented on the most recent language and the attempt by staff to permit antennas. He stated City Attorney Barry Anderson is comfortable with the language. Mr. Doug Brown stated he is comfortable with the wording as presented. Mr. Doug Hedin stated he also approves of the language. Mr. Craig made a motion to continue the hearing until the commission can review the language in ordinance form. Seconded by Mr. Matejka the motion carried unanimously. g) CONSIDERATION OF VACATION OF UTILITY EASEMENTS AND DRIVEWAY EASEMENTS ON PROPERTY LOCATED ON HWY 15 AND NORTH HIGH DRIVE FOR PROPOSED CONVENIENCE STORE Chairman Gruett opened the hearing at 6:55 p.m. with the reading of publication #4727 as published in the Hutchinson Leader on Thursday, October 6, 1994, and Tuesday, October 11, 1994. The request is for the purpose of considering a petition to vacate easements on property located on the corner of Hwy 15 N and North High Dr., 1201 Main St N., for construction of convenience store. Building Official Jim Marka commented on the request as advertized and explained the driveway access easement is a private easement. He explained the utility and drainage easement can be acted on by the planning commission. Mr. Marka stated the site plan meets the parking requirements and the buffering requirements. 9 HUTCHINSON PLANNING COMMISSION MINUTES 10/18/94 0 Mr. Nordy Nelson, neighboring property owner, questioned the drainage to the south. Mr. Marka explained there will be on site ponding and restrictive flow running through the ditch. The city will provide Mr. Nelson with the engineering calculations. Mr. Craig moved to close the hearing, seconded by Mr. Matejka the hearing closed at 7:01 p.m. Mr. Craig made a motion to recommend approval of the vacation of utility and drainage easement. Seconded by Mr. Matejka the motion carried unanimously. h) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RICE BUILDING SYSTEMS INC. FORCONSTRUCTION OF CARWASH LOCATED AT 1016 HWY 15 S. Chairman Gruett opened the hearing at 7:02 p.m. with the reading of publication 44729 as published in the Hutchinson Leader on Thursday, October 6, 1994. The request is for the purpose of considering a conditional use permit requested by Mr. John Rice, Rice Building Systems, for the construction of a carwash to be located at 1016 Hwy 15 S. Mr. John Rice, Rice Building Systems, commented on the proposal and location of the carwash. Planning Coordinator Brenda Ewing explained the convenience store is permitted in the C -4 district. The hearing is for the carwash proposed. Building Official Jim Marka stated the developer has obtained professional services for this development. He commented on the drainage restrictions and the traffic flow. Mr. Craig moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 7:09 p.m. Mr. Craig made a motion to recommend approval of the request subject to meeting staff recommendations. Seconded by Mr. Gilmer the motion carried unanimously. 4. OLD BUSINESS NONE 6 • HUTCHINSON PLANNING CONL\USSION MINUTES 10/18/94 5. NEW BUSINESS a) CONSIDERATION OF RESOLUTION TO CHANGE STREET NAMES IN FAIRWAY ESTATES PLAT Planning Coordinator Ewing explained the request by staff to change the street names in the Fairway Estates plat. Building Official Marka stated the developer is aware of the over site. IVir. Craig made a motion to approve the request, seconded by Mr. Matejka the motion carried unanimously_ b) DISCUSSION TO CHANGE STREET NAME FROM ROBERTS ROAD SOUTH TO TERRACE DR. S.W. AND IN PARKSIDE 2ND ADDITION FOR BARLEY LANE TO BARLEY STREET S.W. Planning Coordinator Brenda Ewing commented on the need to change the street name and the E91 I emergency services clarification. She explained the new grid system for street numbering. Building Official Jim Marka stated Roberts Rd runs both east /west and north/south. He commented as the property to the south is developed there will be problems with the numbering. Discussion followed on the emergency services request. Mr. Jerry Jones, 610 Roberts Rd., voiced concerns with the change and stated he asked the police department if they had a problem finding residents in that area. Mr. Jones stated this would be his fourth address change which creates an huge inconvenience for the homeowners involved. Mr. Dean Hueber, 620 Roberts Rd., commented on the resident's concerns and presented a petition signed by the affected homeowners. Mr. Marka commented on the quadrants in the city and the extension of the road. Discussion followed on the appropriate place to begin the change. Staff was directed to meet with the property owners present and list pros and cons. Mr. Matejka moved to refer the matter to staff, seconded by Mr. Gilmer the motion carried unanimously. 7 HUTCHINSON PLANNING COMMISSION MINUTES 10/18/94 0 Ms. Ewing pointed out the request for another name change in Parkside 2nd Addition from Barley Lane to Barley St. S.W. Mr. Matejka moved to approve the change, seconded by Mr. Craig the motion carried unanimously. C) DISCUSSION OF AMENDMENT TO ZONING ORDINANCE CHANGING RIGHT OF WAY SETBACK REQUIREMENTS IN RESIDENTIAL DISTRICTS Planning Coordinator Brenda Ewing commented on the request to change setback requirements in the residential districts. She reviewed a list of pros and cons as compiled by staff. Discussion followed on street width and the planning of developments. The consensus of the planning commission is to direct staff to discuss the request further and possibly contact the assessor regarding tax questions. d) DISCUSSION OF AMENDMENT TO ZONING ORDINANCE SECTION 8.08 REGARDING OVERCROWDING OF DRBLLINGS Building Official Jim Marka explained the process and research staff used to amend the ordinance. Discussion followed on the review of mobile home parks regularly. It is the consensus of the planning commission to pursue the ordinance and request a legal opinion. is e) DISCUSSION OF ANNEXATION REQUESTED BY DAN COWGER IN LYNN TWP. Ms. Ewing commented on the request to annex property in Lynn Twp and the fact there will be a public hearing for this annexation in November. She stated planning staff recommends the property to the west also be developed thus aligning the road from the Island View Heights plat to make one intersection at Ulm Ave. Mr. Marka state the Cowgers are interested in city commitment to provide services. f) DISCUSSION OF URBAN BOUNDARY MAP IN ACOMA TWP. Planning Coordinator Brenda Ewing explained there will be discussion with Acoma Twp. residents at the November meeting regarding the urban boundary map and the 200 plus acres requested for annexation by staff. Building Official Jim Marka commented on the orderly annexation process changes since the previous meeting with Acoma Twp. officials. 8 HUTCHINSON PLANNING COMMISSION MINUTES 10/18/94 e) DISCUSSION OF SURVEY REGARDING F.E.M.A. MITIGATION OF NATURAL DISASTER Jim Marka commented on the survey information for flood plain management. h) COMMUNICATION FROM STAFF Mr. Marka commented on an informative meeting on the Hwy 7 corridor to be promoted by H.C.D.C. Mr. Marka commented a revision to the municipal code regarding the demolition ordinance. 6. ADJOURNMENT The meeting adjourned at 8:30 p.m. 0 9 HUTCHINSON AIRPORT COMMISSION MINUTES 'OCTOBER 31, 1994 Meeting called to order by Chairman Dave Skaar at 7:45 p.m.. Members present: Chairman Dave Skaar, Joe Dooley and Dennis Kahl. Members absent: Tim Miller, Jim Faber and Mayor Marlin Torgerson. City Staff present: Doug Meier. Guests present: Tom Parker and Tim Eakins. Meeting adjourned at 8:15 p.m.. Next Meeting scheduled for November 28, 1994, 7:30 p.m. at the Airport Lobby. Report submitted by Doug Meier. 0 // -A. (-,�) HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY. REGULAR BOARD MEETING OCTOBER 18, 1994 MINUTES I. CALL TO ORDER: NOON CONFERENCE ROOM CITY CENTER Vice - Chairman Don Erickson called the meeting to order. Members present: Tammy Wendlandt, Joel Kraft and Shirley Wass with John Paulsen arriving shortly after roll call. Members absent- none. II. CONSIDERATION OF MINUTES OF REGULAR BOARD MEETING SEPTEMBER 20, 1994 There being no additions or corrections, Don Erickson moved that the minutes be approved as submitted. Shirley Wass seconded and the motion carried unanimously. III. CONSIDERATION OF STATUS OF ACCOUNTS FOR HRA GENERAL FUND AND PARK TOWERS PROJECT OPERATING FUNDS Disbursements and operating budgets were reviewed. Don Erickson moved that the financial statements be approved as submitted. Joel Kraft seconded and the motion carried . unanimously. IV. DEAN OTTERSON, REPORT ON ACTIVITIES OF ST. CLOUD HRA Dean Otterson reported St. Cloud's HRA mission statement is ...to effectively and efficiently serve the Citizens of St. Cloud through affordable housing programs. Their HRA Board goal is to work toward agency self- sufficiency and programs that lead toward self - sufficiency for low and moderate income people with a staff of around 30 people. Once a month, Dean meets with representatives of the HRA Board and the planning commission to discuss community planning issues. St. Cloud HRA issues single family revenue bonds for first time homebuyers -these bonds are considered conduit financing and are not counted as debt but do count toward the 10 million of a City's bonds that are bank qualified. Two problems that first time homebuyers face are education on home buying and lack of downpayment. The bond issue can be structured to help provide downpayment assistance as a 0% deferred loan, payable upon sale of house. The HRA, upon City request is planning a downtown housing /retail essential function bond project and has just begun the planning stages for another essential function bond Project Take Pride. V. PARK TOWERS PROJECT 1. Currently there are no vacancies. 2. 1992 Ciap Project Update- the stucco is about half done. A revised budget will be submitted to HUD showing all monies obligated for this grant for stucco repair. Computers will then.be budgeted for in the 1993 CIAP budget. If the weather permits, our goal is to closeout this grant by year end. 3. 1993 CIAP Project Update -the elevator work is scheduled to begin by the first of the year. 4. 1994 CIAP Project - Architect Contract. After review, Tammy Wendlant moved to approved the contract presented with compensation for work required set at a firm fixed price of $21,000. Shirley Wass seconded and the motion carried unanimously. 5. Updated Admission Policy -Local Preferences -Hud has commented on changes that need to be made; this changes will be presented at the November Board meeting. VI. TAMMY WENDLANDT- UPDATE ON GRANT APPLICATION FOR PARK TOWERS GENERATOR Tammy updated the HRA Board on the $50,000 grant request that was submitted for the Park Towers generator; the Federal Home Loan Bank will review the application by October 15th and we should hear by December 15th on the outcome. VII. SMALL CITIES GRANT APPLICATION Connie Mangan informed the Board that the Small Cities grant was submitted to DTED on September 30. VIII. RENTAL REHAB VALLEY VISTA Connie Mangan updated the Board that the bid specs are going out incorporating the current wage rates. Valley Vista is in eastern McLeod County and Park Towers is considered western McLeod County. The project is estimated to cost a total of $600,000 with $500,000 coming from the Home Rental Rehab program and $100,000 coming from the Valley Vista reserve fund. 1065 JEFFERSON Mark Fratzske has a purchase agreement on the property. MHFA is considering funding this rehab under the Targeted Home Program at a cost of $28,000 /unit but would like the HRA to administer the rehab on their behalf for no fee. Board consensus was that we would like to be reimbursed for admin time costs,from the owner if possible. Connie will check with MHFA about charging the owner for HRA administrative time spent on this project. IX. CENTURY COURT APARTMENTS- UPDATE Brian Solsrud from Augusta Housing Corporation sent a colored rendering showing increase of brick veneer and indicated with the needstto gettbackatow will us . . Page 3 HRA Regular Board Meeting, October 18, 1994 regarding an increased budget for more diverse landscaping plan. X. POLICY REGARDING DEVELOPER'S REQUEST FOR CITY OF HUTCHINSON INVOLVEMENT IN A PROJECT PROPOSAL The Policy was reviewed; as the policy is written the HRA /HCDC review committee is to review all proposals and needs to be clarified and written to reflect HRA involvement in only housing proposals. The approval of the policy was tabled until the next meeting. XI. FOR BOARD INFORMATION 1. HRA will have a booth at the Fairgrounds on November 20th from 1 -4; Awareness '94 Celebrating Community & Family. 2. If any Commissioners are interested in attending the NAHRO Community Development Session on November 3, please contact the Director. 3. An MHFA Focus Group on Affordable Housing will be held on Friday, October 28; the Director plans to attend. XII. STATUS OF 1995 WORKPLAN John, Joel and Jean have met and started working on the 1995 workplan. The housing study is being planned for January, 1995 for both rental and home ownership. The transfer of MHFA rehab programs from HCDC to HRA may be in jeopardy because MHFA may not release any more funding to HCDC because the 1991 -1993 program has not yet been closed out. That means that HCDC is behind about one year in the administration of the 1993 -1995 program. Further discussion with MHFA about administration of these programs need to take place; the Director will write a letter to MHFA stating our interest in administering these programs. XIII. ADJOURNMENT There being no further business, John Paulsen declared the meeting adjourned. Recorded by Jean Ward, Executive Director Tammy Wendlan t, Secretary Treasurer 0 0 HUTCHINSON HOUSING, INC. REGULAR BOARD MEETING OCTOBER 18, 1994 MINUTES I. CALL TO ORDER: CONFERENCE ROOM CITY CENTER President Don Erickson called the meeting to order. Members present: Joel Kraft, Shirley Wass, Tammy Wendlandt and John Paulsen. II. CONSIDERATION OF MINUTES OF REGULAR BOARD MEETING SEPTEMBER 20, 1994 There being no additions or corrections, Shirley Wass moved that the minutes be approved as submitted. Joel Kraft seconded and the motion carried unanimously. • III. FINANCIAL REPORT The financial report was reviewed. The loan to Hutchinson HRA for the Prince of Peace relocation and land acquisition has been repaid. John Paulsen moved that the financial statement be approved as submitted. Joel Kraft seconded and the motion carried unanimously. IV. ADJOURNMENT There being no further business, Don Erickson declared the meeting adjourned. Recorded by Jean Ward, Executive Director Tammy Wen lan t, Secretary Treasurer 1 0 0 0 Hutchinson Library Board Meeting October 24, 1994 Members Present: Mary Henke, Dolores Brunner, Joyce Beytien, Roy Johnsen, Sue Munz, Paul Wright Members Absent: Bill Scherer, Paul Berg, Kay Peterson The minutes from the September meeting were reviewed. The next board meeting will be November 28 at 4:30 P.M. John Houlahan and K. Matson from Pioneerland Library System were present at this meeting. They are meeting with all library boards in the system this fall. John, Director of PLS, presented the attached information/ discussion outline. All of the items listed were presented and discussed. Meeting was adjourned. Joyce Beytien,Secretary Please note: The next library board meeting will be Nov. 28, 1994 at 4:30 PN. PIONEERLAND LIBRARY SYSTEM John M. Houlahan, Director i u /dy/ °r`j 410 SW Fdth Street Willmar, MN 56201 -3298 Phone No. 612/235 -3162 Fax. No. 6121235-3160 PLS ADMINISTRATIVE STAFF/LOCAL BOARDS MEETING 1. Local board roles 0- . A Building/facility B. Strategic planning (identifying patron needs and developing service and funding plans to meet those needs) C. Budget process 1. Help determine budget 2. Communicate budget needs to city/county officials D. Head librarian evaluation 2. System organization and personnel A. PLS Board and its committee structure B. Service Center 4.9 FTE 1. ILL 2. Reference 3. Access to PLANET & MINITEX 4. Processing C. Administrative office S FTE 1. Personnel 2. Management 3. Bookkeeping 4. Telecommunications D. ECSU delivery E. Rotating collections F. State/federal budget (lOn� dIS +4nCG ec0tz) 3. Current projects A Agreement amendments B. Personnel study /policies/benefits C. Combined service/administrative center - 4. Automation A CD -ROM catalog B. CD -ROM products C. Fax network D. INTERNET E. On -line PAC /circulation systems 5. ADA 6. Grants 7. Local/system relations ( What's on your mind ?) 0 • RESOLUTION NO. 10135 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR 102 Water Meters $ 7,548.(0 New Installation - Resale Water Yes Water Pro 5/8 X 3/4 Chlorine System Eng. 9,000.(0 New System Design Water Yes Rust E &I Eng. & Specs. • The following items were authorized due to an emergency need: ITEM COST Date Approved: November 22, 1994 Motion made by: Seconded by: PURPOSE DEPT. I BUDGET I VENDOR Resolution submitted for Council action by: -A, (1) CITY OF HUTCHINSON • RESOLUTION NO. 10339 TRANSFERRING FUNDS FROM THE 1980 TAX INCREMENT DEBT SERVICE FUND TO 1985, 1990, and 1992 TAX INCREMENT DEBT SERVICE FUNDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT $221,786 is hereby transferred from the 1980 Tax Increment Debt Service Fund and shall be distributed as follows: 1985 Tax Increment Debt Service Fund for the payment of bonds and interest due $24,320. 1990 Tax Increment Debt Service Fund for the payment of bonds and interest due $159,838. 1992 Tax Increment Debt Service Fund for the payment of bonds and ' interest due $37,628. Adopted by the City Council this 22nd day of November 1994. ATTEST: Gary D. Plotz City Administrator Marlin Torgerson Mayor RESOLUTION NO. 10343 • RESOLUTION AMENDING RESOLUTION NO. 10335 LETTING NO.5 PROJECT NO. 95 -05 WHEREAS, pursuant to a resolution of the Council adopted November 7th, 1994, a report was prepared by the Director of Engineering, with reference to the improvement of Harmony Lane and Lincoln Avenue by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, bituminous base and surfacing, and appurtenances. Said report was received by the Council on November 7th, 1994 and public hearing was set for November 22nd, 1994. WHEREAS, due to time constraints, request is made to reschedule said public hearing for Tuesday, December 13th, 1994 at 8:00 pm. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $322,400.00. 2. The public hearing on such proposed improvements shall be rescheduled to the 13th day of December, 1994, in the Council Chambers of the Hutchinson City Center at 8:00 P.M., and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. isAdopted by the Hutchinson City Council this 22nd day of November, 1994. Mayor City Administrator � -9, (3) RESOLUTION NO. 10344 • RESOLUTION AMENDING RESOLUTION NO. 10337 LETTING NO. 7 PROJECT NO. 95 -07, 95 -08, 95 -09 WHEREAS, pursuant to a resolution of the Council adopted November 7th, 1994, a report was prepared by the Director of Engineering, with reference to the improvement of: Project No. 95 -07: 5th Avenue NE from Bluff Street to Hwy. 15 South by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, bituminous base and surfacing, and appurtenances. Project No. 95 -08: Prospect Street NE from Hwy. 7 East to 6th Avenue NE by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, bituminous base and surfacing, and appurtenances. Project No. 95 -09: 6th Avenue NE from Bluff Street to East Terminus by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, bituminous base and surfacing, and appurtenances. Said report was received by the Council on November 7th, 1994 and public hearing was set for November 22nd, 1994. • WHEREAS, due to time constraints, request is made to reschedule said public hearing for Tuesday, December 13th, 1994 at 8:00 pm. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $744,000.00. 2. The public hearing on such improvements shall be rescheduled, to the 13th day of December, 1994, in the Council Chambers of the Hutchinson City Center at 8:00 P.M., and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Hutchinson City Council this 22nd day of November, 1994. Mayor City Administrator Z/ -�5, (Z/ ) CITY OF HUTCHINSON • RESOLUTION NO. 10345 • TRANSFERRING $65,000 FROM LIQUOR FUND TO GENERAL FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT $65,000 is hereby transferred from the Liquor Fund to the General Fund. Adopted by the City Council this 22nd day of November 1994 ATTEST: Gary D. Plotz City Administrator Marlin Torgerson Mayor > APPLICATION PORb "UI MMUV"':..- PERMIT To ._CITY COUNCIL .._..I........ .... ..._.._ _ . __ .. _._ ................__ ....................... .... ..... _ ............... _ ............... .... e/ th1.......C. I. T.Y. ....................... _... _...__.._.of... HITfCHINSON __.. _. .. . ............................... _. _ ........_._ ......... in the County of ...... ........... .......... MC.... LE Q. Q. ................... ................................. , State of Minnesota.: The underetd,ud,owner wham name and address .ia....F!x: . l�!.``5...,.ak.l�.�!^?5. .... tf! ^..E.../..!!V.. o..... R�!tEC its $�-. E :!,� ,t�tlr,?SM ..._. he a L!u ora PLOW AND .• , ,._....... f .. ..... hereby pp f permit t o .......... ............................... REMOVE SNOW WITH t �.i .... sO!+^ .P..rt?E..__..� cwFR�Cj •toyw`..........I ............... UP M that otrfain tract of land described as follows- Lot .................. ..............................: Block............. ............................... plat. oraddition ................ : ................................................. .......................... ; address .................................... ...................... ... ................... .............; �i which to of the followtnp st" and area; width................. ._ .......................feet; length ... ............. . ............. .. _ .... feet; 0 a e. WITHIN THE CITY LIMITS Whrbd ...« .................. ........................................................ : ............. __ ..... _ .......................................................... ; and hereby agrees that, in case such permit is granted, that all work which shall be done and all matertats which shall be used shall comply with the plans and apect/leattona therefor herewith submitted dnd with all the ordtnanees of said......,, ... ...... CITY OF ..HUCCHINSON _........ ......................... ............................... 9" applloable thereto. dpplioant further agrees to pay fees or assessments at the time and to the amounts specified as naftm lilt' ' e. ,x -- Owner Nov CITY OF HUTCHINSON -� APPLICATION FOR_sH2.w_ REMOVAL --- - ---------- PERMIT To as ........ jTY COUNCIL ............................... — ............... . . . .. .................................................. . .... . . ................... .................... . ............. I ......... I ................ ............. of ths ...... ... CITY ........... . .............. . ...... ........ ....... NSON .......................... . . . . . . ................................................... In the County of ..................... mc .. MOD........._........... ............................... State of Minnesota: The Un4erstine I d owner where name and address .1a ............. S7 ............. ...... ... .... Allen .. . . ............................................................ ........ hereby appli"fopapermijeo. PLOW AND 7 ....... I ............... WT�j 1) 0 1- , I " Upon that certain tract of land described as follows: Block......... .............................. ..... ; plator addition ............... : .......... —.1 ............................ .. ............... ; addrets ..... ............................................................................. which to of the followtnjf #In and area, width ..................... ............ ............... . fedt; lenith ... ...... ....................... .. . . . feet; �171IN THE CITY LIMITS area ...... . ... ....... . .. . . . . ........ I ........................... I ........... and hereby agrees that, in case such permit Is Granted, that all work which shall be done and all m4tertals which #halt be used *hall comply with the plans and speclfi&atons therefor herewith submitted and With all the ordinances of said......._ CITY ... O.F...HUI`C1i.1.NS.ON ............................................................................... ........ 4ppliftble thereto. Jppltoanf further airms to pay lea or assessments at the time and In the amounts specified as .. ........... ...... ........... . U.Q...Q.Q ....... . . ................................................................... - ......................................... I ..................................................................... I ...................... Owner M T I N I -N mry 18 IN I CITY OF HUTCHINSON c M E M O R A N D U M DATE: Nov 22nd. 1994 TO: Mayor & City Council FROM: Water Billing Department SUBJECT: Delinquent water & sewer accounts for the month of Nov Attached is a listing of the delinquent water and sewer accounts for the month of Nov. Recommend service be discontinued on Monday, Nov 28th, 1994 at Noon. is tCity Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN55350 -3097 (612) 587 -2975 Fax (612) 234 -4240 - Printed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 t (612) 587 -2242 Fax (612) 587 -6427 3 -030- 0646 -082 3- 080- 0250 -041 Jack Krippner Vance Haugen • 646 2nd Ave SE 250 5th Ave NW Hutchinson MN 55350 Hutchinson MN 55350 646 2nd Ave SE 250 5th Ave NW 128.55 129.51 CC: Vicky Klabunde Rt 2 Box 218 Brownton MN 55312 3- 120 - 0055 -034 Sayles Waldrath 3- 045 - 0439 -021 55 9th Ave NE Raymond Ladd Hutchinson MN 55350 439 3rd Ave SE 55 9th Ave NE Hutchinson MN 55350 187.52 439 3rd Ave SE 134.85 3- 130 - 0136 -041 3- 045- 0607 -089 Miles Willhite Dan Menard 11th Ave NE 607 3rd Ave SE Hutchinson MN 55350 Hutchinson MN 553350 136 11th Ave NE 607 3rd Ave SE 199.05 115.92 Promises 12 -10 -94 CC: Kurt Rischmiller 605 3rd Ave SE Hutchinson MN 55350 3- 210 - 0105 -046 Mike Carter 3- 065 - 0546 -071 105 Adams St • Charles Fairbanks Hutchinson MN 55350 546 4th Ave SE 105 Adams St Hutchinso MN 55350 128.66 546 4th Ave SE Cc: Hutch Iron & Metal 107.03 304 1st Ave SE CC: Billet /Larson Hutchinson MN 55350 640 Adams St Hutchinson MN 55350 3 -210- 0551 -033 3- 080 - 0116 -082 Michael Keeler Daryl Willett 551 Adams St 116 5th Ave NW Hutchinson MN 55350 Hutchinson MN 55350 551 Adams St 116 5th Ave NW 177.59 137.37 Promises 11 -30 -94 3 -227- 0711 -011 3 -080- 0221 -001 Randy Jaster Craig Hardel 711 Arizona St 221 5th Ave NW Hutchinson MN 55350 Hutchinson MN 55350 711 Arizona St 221 5th Ave NW 92.16 130.31 CC: Triple H & O Promises 12 -02 -94 300 Litchfield Ave Willmar MN 56201 • . 3 -275- 0472 -011 Eugene Jaenisch 3 -735- 0336 -011 Dale Schlueter Jeff Hart 472 California St 336 Monroe St Hutchinson MN 55350 Hutchinson MN 55350 Hutchinson MN 55350 707 Shady Ridge Rd 472 California St 336 Monroe St CC: Bruce Crosby 98.21 144.17 Promises 12 -01 -94 3 -735- 0540 -031 3- 275- 0486 -054 James Deragon Vance Woller 540 Monroe St 486 California St Hutchinson MN 55350 Hutchinson MN 55350 540 Monroe St 486 California St 214.08 144.72 Promises 11 -30 -94 Promises 11 -28 -94 3 -765- 0810 -092 David Laine 3- 530 - 0712 -021 810 Oak St Vince Jahner Hutchinson MN 55350 712 Hilltop Dr 810 Oak St Hutchinson MN 55350 128.97 712 Hilltop Dr Promises 12 -01 -94 263.43 CC: James Schlagal 3- 800- 0575 -012 656 Juul Rd Rodney Markgraf Hutchinson MN 55350 575 Peterson Cir Hutchinson MN 55350 • 575 Peterson Cir 3 -560- 0443 -012 208.14 David Pfeiler 443 James St 3- 815 - 0531 -071 Hutchinson MN 55350 Martin Koepp Jr 443 James St 531 Prospect St 70.00 Hutchinson MN 55350 Promises 12 -01 -94 531 Prospect St 134.64 3- 655- 0680 -092 3 -855- 0380 -001 Joseph Jorgenson Heritage Center 680 Lindy Ln 380 School Rd N Hutchinson MN 55350 Hutchinson MN 55350 680 Lindy Ln 380 School Rd N 118.18 48.27 3- 680 - 0877 -011 3- 870- 0707 -071 Sharon Sauter Jeff Hart 877 Main St N 707 Shady Ridge Rd Hutchinson MN 55350 Hutchinson MN 55350 877 Main St N 707 Shady Ridge Rd 96.53 181.74 CC: Bruce Crosby • 879 Main St N Hutchinson MN 55350 Promises 12 -01 -94 1- 395- 0405 -023 Kurt Rischmiller • 605 3rd Ave SE Hutchinson MN 55350 405 Franklin St S 23.08 2- 035 - 0505 -055 Olivia Rodriguges 1066 Trinity St Eagle Pass TX 78852 505 2nd Ave SW 127.43 CC: Mike Mooney 65 Game Farm Rd Maple Plain MN 55358 2 -585- 0572 -072 Peggy McKimm 520 School Rd S Hutchinson MN 55350 572 Juul Rd 68.94 CC: Mark Betker 705 Glen St S Hutchinson MN 55350 Promises 11 -28 -94 • L CHANGE ORDER NO. 3 CITY OF HUTCHINSON - ENGINEERING DEPARTMENT 111 HASSAN ST SE, HUTCHINSON MN 55350 (612) 587 -5151 Sheet Lof I CONTRACTOR: S. J. Louis Construction, Inc. LETTING NO. 12 PROJECT NO. 94 -28 DRESS: 7284 Co Rd 138, PO Box 1373, PROJECT LOCATION: Fairway Estates St Cloud MN56302 -1373 DESCRIPTION OF CHANGE: Reduction in unit price for 3" perforated pipe drain. Item No Spec Ref Item Name Unit Quantity Unit Price Amoun 1 2502 YPF Perf Nne Drain/Inc, Coarse Eiter Ar�egatc L'n Ft 3300 S.50 S1,650,00 Md Price of $5.00/Lin Ft mduced to S4.50/Un F0 TOTAL DLCREASE ITEMS -S1.650,00 NET4?4GRF'r"..SFDECREASE -S1,650.00 In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of- $1.650.00. addfdeduct. An extension of 0 days shall be allowed for completion. The original completion date was September 16. 1994. and now has been adjusted to - - -- . 19— . ORIGINAL CONTRACT PREVIOUS ADDITIONS /DEDUCTIONS THIS ADDff40N4DEDUCTION TOTAL $494,94//4.20 $163.40 - $1,650.00 $493,130.80 APPROVED: 1G-�,ev l/,�Y -�n�� Contractor ATED: APPROVED: Mayor DATED: APPROVED: Dir9cto o igin ring DATED: I / G �C APPROVED: City Administrator r DATED: 'G CHANGE ORDER NO. 3 CITY OF HUTCHINSON - ENGINEERING DEPARTMENT 111 HASSAN ST SE, HUTCHINSON MN 55350 612 587 -5151 Sheet -L—of 1 CONTRACTOR: Juul Contracting Company LETTING NO. 3 1PROJECTNO. 94 -03 ADDRESS: P.O. Box 189, Hutchinson, MN 55350 PROJECT LOCATION: Lakewood Drive DESCRIPTION OF CHANGE: Reduction in Unit Price for 3" Perforated Pipe Drain Item No Spec Ref Item Name Unit Quantity Unit Price Amoun DECREASE ITEMS: 1 2502 3" PE Perf Pipe Drain /Inc. Coarse Filter Agg. Lin Ft 3240 $0.70 - $2,268.00 (Bid Price of $5.15/LF Reduced to $4.45 /LF) TOTAL DECREASE ITEMS $2,268.00 TOTAL CHANGE ORDER NO. 3 $2,268.00 NET SSE /DECREASE $2,268.00 In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $- 2.268.00. add /deduct: An extension of 0 days shall be allowed for completion. The original completion date was September 30.1994 . and now has been adjusted to - - - -- . 19 ORIGINAL CONTRACT PREVIOUS THIS ADDITIONS /DEDUCTIONS frBD!44e?4 /DEDUCTION TOTAL $353,900.40 + $3,577.25 $2,258.00 $378,939.65 APPROVED: �iz .oGf Contr or DATED: APPROVED: Mayor DATED: APPROVED: ector of Engmeerin DATED: )I Ip F5 APPROVED: City Administrator DATED: CHANGE ORDER NO. _ 1 CITY OF HUTCHINSON - ENGINEERING DEPARTMENT 1 1 1 HASSAN ST SF_ HUTCHINSON MN 55350 (612) 587 -5151 Sheet -1--of —1 CONTRACTOR: uul Contractin Com an LETTING NO. 5 PRO CT NO. 94 -05 DRESS: P.O. Box 189, Hutchinson, MN 55350 PRO CT LOCATION: Island View Hei hts DESCRIPTION OF CHANGE: Reduction in Unit Price for 3" Perforated Pi Drain Item No S c Ref Item Name Unit uanti Unit Price Amoun DECREASE ITEMS: 2502 3" PE Perf Pipe Drain /Inc. Coarse Filter Agg. Lin Ft 4420 $0.50 -$2,210.00 (Bid Price of $4.05 /LF Reduced to$3.55 /LF) TOTAL DECREASE ITEMS -$2,210.00 TOTAL CHANGE ORDER NO. 1 $2,210.00 NET 1NePcE'k6E /DECREASE $2 210.00 In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $- 2.210.00. add /deduct. An extension of 0 days shall be allowed for completion. The original completion date was and now has been adjusted to -- - - - - -- . 19 =. ORIGINAL CONTRACT PREVIOUS ADDITIONS /DEDUCTIONS THIS AAF/DEDUCTION TOTAL $353,837.60 $ 0.00 1 . $2,210.00 $351,627.60 APPROVED:�� Contractor DATED: / —/0 —9 APPROVED: Mayor DATED: PROVED: hector o En tneerin DATED: p G 4 APPROVED: City Administrator DATED: W —Lr-- CHANGE ORDER NO. _1 - CITY OF HUTCHINSON - ENGINEERING DEPARTMENT 111 HASSAN ST SE, HUTCHINSON MN 55350 (612) 587.5151 Sheet _ _of _1_ CONTRACTOR: Juul Contracting Comeany I LETTING NO. 8 1 PROJECT NO. 94.09 ADDRESS: P.O. Box 189, Hutchinson, MN 55350 1 PROJECT LOCATION: Arch Street DESCRIPTION OF CHANGE: Replace 12" the line crossing Arch Street Item No Spec Ref Item Name Unit Quantity Unit Price Amoun INCREASE ITEMS: 2503 12" Corr. PE Pipe Sewer (Smooth) Lin Ft 168 $10.96 $1,841.28 TOTAL INCREASE ITEMS $1,841.28 TOTAL CHANGE ORDER NO. 1 $1,841.28 NET INCREASE /BETAS£ $1,841.28 In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $ +1.841.28. add /dedmt An extension of 0 days shall be allowed for completion. The original completion date was November 1. 1994 . and now has been adjusted to - -• - - -- . 19 — . ORIGINAL CONTRACT PREVIOUS ADDITIONS /DEDUCTIONS THIS ADDITION /BEOi3C -440 —M TOTAL $128,734.50 1 $0.00 + $1,841.28 $130,575.78 APPROVED: -_Zl��'O t .rte Contractor DATED: i /-y'-.9 APPROVED: Mayor DATED: APPROVED: ire for of E sgi eringj DATED: 0 APPROVED: City Administrator DATED: C TO: Mayor & Council FROM: Dolf Moon, Director of P.R.C.E. DATE: 11 -16 -94 RE: Table & Chair Rental Elimination At the November P.R.C.E. Advisory Board meeting, the following motion was made and seconded with unanimous approval; the Board recommended the elimination of renting tables and chairs to the public beginning January 1, 1995. Discussion involved with the recommendation included: • Elimination of tables /chairs from 1995 budget $5,000 • Failure to fund at an appropriate sustained level • Desire to provide quality tables and chairs to facility rental groups i.e. dry floor activities, internal usage. • Ability to have a private rental source provide this service. i.e. Farm and Home Ciry Center I l l Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - P.imrd n q .,, „ . Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 l� Fax, 612)587 -6427 c MEMORANDUM DATE: November 16, 1994 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MCLEOD COUNTYTREATMENT CENTER /BETHANYBAPTIST CHURCHTO CHANGE USE FROM CHURCH TO SHELTER HOME IN R -2 DISTRICT Pursuant to Section 8.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On September 27, 1994, McLeod Treatment Programs Inc., submitted an application fora conditional use permit to change use of building from a church to a shelter home located at 880 Grove St. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, October 18, 1994, and continued to the next meeting held on Tuesday, November 15, 1994, at which time there were neighboring property owners present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, October 6, 1994. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It Is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be denied based on the findings set forth above. Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission City Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (612) 587 -5151 (612) 587 -2975 /' (6 t 2) 587 -2242 Fax(612)234 -4240 Fax(612)234 -4240 T Fa: 612)587 -6427 -Printed on recycled paper - V LINEN AVENUE - ..M...... e. _ •r _ t .. - •. ,.. W 239.00- .. ... ....... @. sa - ' + , 1 I •• BUILDING ' �'':••.,.... w it1 0 • Ii f, � » • i .T II 1 II II P c P" II jvM IF •lry• ••� MI �tT I >x :.. II rl ••rl • I I II GR4 yl ... »..w.« I V' l.no q•g49 Pi •• l•r . 6 i .. P R RN i�. `+• 4 KI(y` �D/� VE S I� '•. jjq .a..s,_'.'•.` �T�YICU•.Y�.T .. QND`.+i•.yl+..�'M+�+" 4 :? .•, w r i .... - a.. .. •"• II ..•. ..... II •n zn i- I sNeo J -- MOV3C ue /rt3 NO 020 I y � n n BOUNDARY AND TOPOGRAPHIC SURVEY %:sW H,NY BABTIST CHURCH 3j,,y �., y��s'l""x••••rra..0u�hari+ I MN.r a•ql /•w« ml wrwr l•l w«l•M w+N "'l" `'LOTS 1. 2. 19 AND 20, BLOCK 1 'R'�' n _ .. +�" •N nmr r.••. •M ,M• . «a fw 'l :[•F.M L•M l.r•f ••r u+ •N , +l •• ,N SNN GINA M. BRA-NDT BRETT D. AHNOLD A]SO ADMITTED IN TFSAS \D N£..' YOHH November 15, 1994 AR \TOLD & McDoivELL ATTORNEYS AT LAw 101 PARK PLACE HLTCHINsON, AfINNESOTA 55350 -2503 'C312' 587 -7575 Mr. James Marka Building official Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 FAX 912'587 -4098 RESIDENT ATTORNEY O. BARRY ANDERSON Re: State Licensed Facility our File No. 3188 -88087 Dear Jim: IsThis correspondence is a follow week and my telephone conference Commissioner Beverly Wangerin. OF COUNSEL WILLIAM w. CAMERON RAYMOND 0. LALLIER 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 5518 012 543-9000 FAX 612 50.5 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 53371 612 389-2214 FAY 612 389 -5506 up to our telephone call of last this morning with McLeod County I understand that an application commission for the operation of a operated in a R -2 designation he would be licensed through the Stal to 20 persons. The facility is residence, but will hold youth fc is pending before the planning "Crisis" facility for youth to be re in Hutchinson. The facility :e of Minnesota and would hold up not intended to be a long term r a period of up to 72 hours. Under the existing City Code, the City of Hutchinson has the authority to conditionally permit the use of the property subject to significant restrictions. Further, the planning commission could recommend to the City Council that the facility not be permitted at all but while a municipality has significant discretion in making planning and zoning decisions, extremely detailed findings should be made as to the inappropriateness of the use. The precise question posed to our office is whether state law has any impact on the decision reached by the City of Hutchinson. I have previously addressed this issue as it relates to state licensed residential facilities and I believe you have a copy of my opinion from 1988. However, under the facts of this case, where the licensed facility will have as many as 20 people, the provisions of Minn. Stat. §462.357, Subd. 7 or Minn. Stat. •CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MLNNESOTA STATE BA8 ASSOCIATION 4,6—, — CERTIFIED AS A REAL PROPERTY Law SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION DAVID B. ARNOLD' GARY D.X.DOMELL STEVEN A.ANDER90N O. HARRY AN'DEBSON STEVEN A HOGE LAURA R. ERBTLA-ND DAVID A.BRUEGG£MA-SY PAUL D- DOVE'• 81CRAHD G. MrGEE CATHRYN D -REITER GINA M. BRA-NDT BRETT D. AHNOLD A]SO ADMITTED IN TFSAS \D N£..' YOHH November 15, 1994 AR \TOLD & McDoivELL ATTORNEYS AT LAw 101 PARK PLACE HLTCHINsON, AfINNESOTA 55350 -2503 'C312' 587 -7575 Mr. James Marka Building official Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 FAX 912'587 -4098 RESIDENT ATTORNEY O. BARRY ANDERSON Re: State Licensed Facility our File No. 3188 -88087 Dear Jim: IsThis correspondence is a follow week and my telephone conference Commissioner Beverly Wangerin. OF COUNSEL WILLIAM w. CAMERON RAYMOND 0. LALLIER 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 5518 012 543-9000 FAX 612 50.5 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 53371 612 389-2214 FAY 612 389 -5506 up to our telephone call of last this morning with McLeod County I understand that an application commission for the operation of a operated in a R -2 designation he would be licensed through the Stal to 20 persons. The facility is residence, but will hold youth fc is pending before the planning "Crisis" facility for youth to be re in Hutchinson. The facility :e of Minnesota and would hold up not intended to be a long term r a period of up to 72 hours. Under the existing City Code, the City of Hutchinson has the authority to conditionally permit the use of the property subject to significant restrictions. Further, the planning commission could recommend to the City Council that the facility not be permitted at all but while a municipality has significant discretion in making planning and zoning decisions, extremely detailed findings should be made as to the inappropriateness of the use. The precise question posed to our office is whether state law has any impact on the decision reached by the City of Hutchinson. I have previously addressed this issue as it relates to state licensed residential facilities and I believe you have a copy of my opinion from 1988. However, under the facts of this case, where the licensed facility will have as many as 20 people, the provisions of Minn. Stat. §462.357, Subd. 7 or Minn. Stat. •CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MLNNESOTA STATE BA8 ASSOCIATION 4,6—, — CERTIFIED AS A REAL PROPERTY Law SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. James Marka November 15, 1994 Page 2 §462.357, Subd. 8, do not apply. Those provisions prohibit a city from restricting the location of state licensed residential facilities, under certain circumstances, where the facilities are licensed for 16 or fewer persons. Since the facility now under discussion exceeds the limits set for this protected class, it is my opinion that these statutes do not apply. A copy of the statute is enclosed for your information and review. Therefore, it is my opinion that the Planning Commission and the City Council have the authority to either reject the application or impose reasonable conditions as requirements for permission to operate the facility within the designated zone. If you have any questions in connection with this opinion, please contact me. Very G. garry Anderson GBA:lm 0 9 is Responses to questions of concerned neighbors of Bethany Baptist Church 0 1. What is an R -5 permit? L] A rule 5 license refers to permanent rules governing licensure of residential treatment programs for children with severe emotional disturbance. (DHS Minnesota Rules Chapter 9545, 9- 13 -94) The shelter home will be licensed under rule 5, Chapter 9545.1045 shelter services. Shelter services means "services provided during time - limited placements of 90 days or less, to children who are in a behavioral or situational crisis, need out -of -home placement in a protective environment, and have an immediate need for services such as assessment, evaluation, or placement planning' (DHS MN Rules Chapter 9545.1045 subpart 37). A child with severe emotional disturbance refer to "a child who has an emotional disturbance and who meets one of the following criteria: 1. the child has been admitted within the last three years or is at risk of being admitted to inpatient treatment or residential treatment for an emotional disturbance; or 2. the child is a Minnesota resident and is receiving inpatient treatment or residential treatment for an emotional disturbance through the interstate compact; or 3. the child has one of the following as determined by a mental health professional (i) psychosis or a clinical depression; or (ii) risk of harming self or others as a result of an emotional disturbance; or (iii) psychopathological symptoms as a result of being a victim of physical or sexual abuse or of psychic trauma within the past year, 4. the child, as a result of an emotional disturbance, has significantly impaired home, school, or community functioning that has lasted at least one year or that, in the written opinion of a mental health professional, presents a substantial risk of lasting at least one year. The term 'child with severe emotional disturbance" shall be used only for purposed of county eligibility determinations. In all other written and oral communication, case managers, mental health professionals, mental health practitioners, and all other providers of mental health services shall use the term "child eligible or mental health case management" in place of 'child with severe emotional disturbance'. (Minnesota Comprehensive Children's Mental Health Act 245.487 through 245.4888) McLeod Treatment Programs Shelter Home will accept children that qualify for mental health case management under part 3 (iii) or part 4 only. Children who qualify under part 3 (i) or (ii) will not be admitted. 1 2. Is R -5 permit (MN DHS Rule 5 licensure) permanent or does it need to be renewed periodically? 0 Conditions of licensure (MN DHS Rule 5, Chapter 9545.0935) states that no person, corporation, limited liability corporation, partnership, voluntary association, controlling individual, or other organization can provide residential treatment services to children with severe emotional disturbance unless licensed by the commissioner under parts 9545.0905 to 9545.1125, according to the licensing requirements of parts 9543.1000 to 9543.1060) When an initial license is being issued to any facility, it shall remain in force for up to one year. When a license is being renewed, it may be issued for a period of up to two years, in the discretion of the commissioner of public welfare (MN DHS Rule 5 9545.0920 subpart 1). 3. is a conditional use reviewed periodically? What else could this be turned into? Please direct this question to the city planning staff. Jim Marka or Brenda Ewing 4. They have already mentioned the amount of room on the lots could allow for expansion; we feel 20 residents would be overwhelming for this peaceful neighborhood - how much larger could it become? With the size change what else could change? McLeod Treatment Programs have no plans for expansion. 5. Is McLeod Group Homes (McLeod Treatment Programs) a county run, county funded entity or is this a private source? McLeod Treatment Programs, Inc. is a private non - profit corporation. It is governed by a Board of Directors that consists of Hutchinson and Glencoe community members. 6. Is this a for - profit business? If not, what prevents It from being contracted out to a private agency which would turn It into a for- profit business? As stated previously, MTP is a non - profit corporation. We do not believe that services to troubled children should be a for profit venture and would not consider that option. 2 0 7. Will anyone on the board live within the city limits of Hutchinson? As stated previously, several of our Board Members and most of our staff are members of the Hutchinson community. 8. Who has the final decision on who is admitted? MTP has a therapeutic team that carefully screens all referrals of children to their programs. This team consists of the Directors, Therapist/Consuftant, Senior Counselors, parents, school personnel, and Social Workers. 9. Who determines if an individual Is slightly aggressive, mildly aggressive or severely aggressive? Where Is that fine line? Are there definitions for these labels? Level of aggressive behavior is determined by a Mental Health Professional. A Mental Health Professional means a person providing clinical services in the diagnosis and treatment of children's emotional disorders. A mental health professional must have training and experience in working with children consistent with the age group to which the mental health professional is assigned. A mental health professional may by any of the following: a registered psychiatric nurse, a licensed clinical social worker, a licensed psychologist, a licensed psychiatrist, or a marriage and family therapist. All must have a minimum of 4000 hours (2 years) clinical experience with children with emotional difficulties. (Minnesota Compre- hensive Children's Mental Health Act 245.4871, subdivision 27). There are guidelines for determining the severity of aggression in children. These are determined by licensed psychologists, psychiatrists, or other mental health professionals. Specific diagnoses are assigned to children according to the severity of aggression. McLeod Treatment Programs does not accept children that have been determined to be unsafe in a community environment. 10. How many staff members on duty at night? If there is an emergency, requiring their full attention; how would they handle the residents? 3 Full time counselors are on duty at night. All activities at the Shelter Home require their full attention. All staff members are fully trained to attend to any situation that may arise. On call supervisors are available 24 hours a day, 7 days a week should counselors need their assistance. 0 3 11. Can this operation change to adults, dangerous residents, etc.? No 0 12. What is the turnover of staff in a place such as this? MTP turnover is very low. Employees are selected for their abilities, experience, and commitment to children and the program. 13. How does turnover affect the establishment? Staff turnover is handled carefully to ensure that children are well taken care of. Often, children experience a sense of loss when a staff member that they had a close relationship leaves for other employment. This loss is addressed in individual and group counseling. 14. Do the church members know what is proposed for this building? Please direct this question to the church members. 15. Where would liability to neighbors rest? McLeod Treatment Programs keeps in force a full liability insurance policy. 'several questionstcomments on page 2-5 may be addressed at the meeting as the questions are subjective and individual feeling oriented. Although we are unable to tell you how to feel, we will be happy to facilitate discussion on feelings of safety, security, fear, lack of trust of environment, total lifestyle change, intimation ( ?) physically and mentally, and peace of mind. 16. Many of the residents of this neighborhood have lived in their homes for over 25 years. They have never felt threatened or any reason to feel less than completely safe 24 hours a day. Sheppard House (boys 10 -17) has been located at 440 Grove Street (only 3 blocks away) for 15 years. 17. Having this type of group home/crisis center in your neighborhood is Inevitably going to affect the value of your property. Please refer to a realtor for information regarding this concern. 4 0 18. Several questions/comments were made about spending/saving taxpayers dollars. As stated previously, McLeod Treatment Programs, Inc. is a private corporation. These programs are self- sufficient and funds needed for operation are self- generated. In fact, McLeod Treatment Programs currently generate nearly one million dollars in funding resources and the majority of those funds are spent in Hutchinson in the form of supplies, remodeling, furniture, services, staff salaries, and resident needs. 19. Have you considered the current social services building in Glencoe? This is not an option. 20. Will any of these children be going to school In Hutchinson? Is the school system prepared for this (size and problems)? We are in close contact with the schools in developing a positive learning environment for the children. The school will be on site and the children will not attend Hutchinson Schools. 21. Do you realize the type of people you will be bringing into our community and the affect it will have on the residents? Yes, our children can be seen behaving negatively in public - smoking, using profanity, running away, skipping school, and sometimes causing trouble. But is every child in the community causing trouble a group home kid? No. Do only group home kids smoke, use profanity, run away, skip school, and cause trouble? No. Is there a difference between a Hutch child who lives at home and does these things as opposed to a Hutch child in the shelter home who does these things? Yes, you can guarantee that the shelter home child will be held accountable for his actions and will suffer consequences whether it be community service or formal charges for illegal acts. Can we say the same for the Hutch child who never gets caught? No. Children placed in a shelter home come from very chaotic settings. They need a safe, positive, and structured environment in which to grow and learn to deal with the many difficulties they face. These difficulties may include past abuse and potential for further abuse, societal rejection and hate, removal from a familiar environment to one that is unfamiliar, peer rejection/taunting/verbal abuse, parental abandonment, low self- esteem and self- image, blame for all community problems with juveniles, pressure of knowing they are always under watchful eye so they better not even look at another person, much less defend themselves as they are taunted, teased, punished, attacked, and ostracized by both children and adults in our community. 5 Yes, we know the type of people we are bringing in. Our children can be seen voluntarily cleaning up ditches through the Adopt a Highway Program. They can be seen cleaning parks, painting over graffiti (done by other kids), attending workshops given by community members, and picking up refuse on the banks of the Crow River through the Serve America Youth Program. They can be seen working for various non- profit agencies in the community - food shelf, historical society, schools, day care programs, and for the city of Hutchinson through the Private Industry Council Employment Program. They can be seen at the Farmer's Market on Wednesdays and Saturdays selling tomatoes, potatoes, pumpkins, etc. that they have worked very hard all summer to grow in our Learning to Grow, Growing to Learn Garden Project. They can be seen in the community playing racquetball at the health club, checking books out of the library, going to a movie at the State Theater, playing volleyball at Robert's park, and accompanying staff to the many establishments in Hutchinson in which we do business. They can be seen in the schools singing in a choir at a school concert, tutoring other children having difficulties, and playing volleyball, football, and baseball for the Hutch Tigers. They can be seen in the local newspapers for accomplishments such as Student of the Month, Poetry and Art Contest Winners, and 4 -H activities. Yes, we know what kind of people we are bringing into the shelter home. They are Hutchinson kids. We are bringing in kids who need the support of the people around them to guide them into being productive members of the community in which they live. McLeod Treatment Programs take pride being members of this community and it is our mission to help kids who don't even have pride in themselves, much less their surroundings, to set goals and to have aspirations. MTP aims to help them see the possibility of attaining those goals and aspirations, even though they've been given the message that they can't, by giving them the tools they need to function in a family, school, community, or society that has previously rejected them. *The intention of this document is to address question/concerns posed by the concerned neighobors of Bethany Baptist Church. This document does not address anticipated questions/concerns. Any further questions/concerns may be addressed at the informational meeting - time to be determined. 6 City 0f ORANDUM TO: Planning Commission FROM: Planning Staff DATE: October 28, 1994 RE: Group Home Informational Meeting As was directed at the Planning Commission meeting on October 18, the McLeod Treatment Centers, Inc. and the citizen group met yesterday evening to discuss the proposed group home to be located in the existing Bethany Baptist Church. The following is the list of attendees: NAME Steve & Deb Fitzloff Amelia Sylvester Gordon & Myrtle Bauer Linda Buske Ken & Pat Nichols Mary Grupe Terry Pelikan Doug & Sharon Starrett Bill & Jan Kreitlow Ray & Marilyn Otte Bill Snyder Grant Knutson Kristin Lies Jill Kloeckl Tom Price Alvin T. Huff Mary Berger Bruce Rannow Dick Jensen Martin & Delores Muetzel Ella Hennen Bev Wangerin Cite Center 1I1 Hassan Street SE Hutchinson, MN55350 -2522 (612) 587 -5151 Fax (612) 234 -4240 ADDRESS 820 Grove St. 854 Brown St. 844 Brown St. 835 Grove St. 850 Grove St. 743 Grove St. 735 Grove St. 850 Lynn Rd. 530 Linden Ave. 875 Lynn Rd. McLeod Treatment Centers, Inc. board member McLeod Treatment Centers, Inc. board member Group Home Director Group Home Director Group Home Therapist County Commissioner 855 Grove St. 835 Lynn Rd. 216 Linden Ave. 830 Grove St. S. 870 Grove St. S. County Commissioner Parks & Recreation Police Services 900 Harrington Street SW 10 Franklin St. Hutchinson, MN 55350 -3097 Hutchinson, MN 5. (612) 587 -2975 (612) 587 -2 Fax (612) 234 -4240 Fax(612)587 - Primed on re(, c led Paper- Memorandum Page 2 October 28, 1994 NAME Rev. Charles J. Carlson Warren Sytsma Mildred Braun Jerry & Kathy Steele Larry & Arlene Moehring Jim Marka Brenda Ewing ADDRESS 800 Grove St. S. (Bethany Baptist) 894 Lynn Rd. 815 Grove St. 324 Linden Ave. 870 Lynn Rd. City of Hutchinson City of Hutchinson Several questions posed by the citizen group were answered, however, no consensus was achieved as to whether or not the group home should be conditionally permitted as requested by McLeod Treatment Centers. A discussion was held regarding the state statutes which apply to group homes. Jim Marka informed the group that City legal counsel is reviewing the statute, and an opinion is anticipated prior to the next Planning Commission meeting. If you have any questions regarding the informational meeting or the conditional use application, please contact planning staff. cc: Jim Marka File t._.J 0 0 C DATE: November 16, 1994 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: AMENDMENT TO ZONING ORDINANCE #464 SECTION 10.08 "ANTENNAS AND TOWERS" Pursuant to Section 6.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request to amend the Zoning Ordinance. HISTORY In June of 1994, the Hutchinson Planning Staff requested a change to the zoning ordinance regarding antennas and towers for ham radio operations. The amendment was then turned over to the city attorney for legal review in July, August and September. In October, 1994, the revised amendment was requested. FINDINGS OF FACT 1. All procedural requirements Ordinance have been complied 2. Notice was published in the October 6, 1994. 3. The proposal was deemed to interest of the City. for amendments to the Zoning with. Hutchinson Leader on Thursday, be appropriate and in the best The hearing was held at the regular meeting of the Planning Commission on Tuesday, October 18, 1994, and continued to Tuesday, November 15, 1994, at which time there was no one present objecting to the request. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to amend Zoning Ordinance #464 be granted as set forth above. Respectfully submitted, City Center Clint Gruett, Chairman Parksc44AYetaWAson Planning COmmisEdIduServices 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (612) 587 -5151 Fax(612)234 -4240 (612) 587 -2975 Far(612)234- 4240 [1 �l (612) 587 -2242 Fax(612)587 -6427 - Prin led on recycled paper- (� ORDINANCE NO. 94-125 2ND SERIES PUBLICATION NO. is AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 10.08 "ANTENNAS AND TOWERS" AND ADOPTING BY REFEREIjCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. City Code, Sec. 10.08 is hereby amended by substituting the following language, in its entirety, for existing City Code Sec. 10.08: SEC. 10.08 ANTENNAS AND TOWERS Subd. 1. Antennas and Dish -Type Antennas Having a Diameter No Greater than 30 Inches. Antennas and towers having over -all heights of 75 feet or less are a Permitted Use in all Districts and are permitted encroachments on height requirements of this Code. This includes towers of all types and antennas of all types and sizes except dish - shaped antennas having a diameter greater than 30 inches. Antennas and dish - shaped antennas having • diameter of 30 inches or less are exempt from any requirement for • building permit, but are subject to excavation permit requirements when applicable. Antennas and towers higher than 75 feet require a conditional use permit. a. Vertical Antennas. The bottom of the base of a mast -or tower - mounted vertical antenna may be at a height of 75 feet or less with no over -all height limit for the tope of the antenna. The highest point of any ground - mounted vertical antenna, however, may be no more than 75 feet. b. The point at which the main boom of a directional, non - dish -type satellite communications antenna or antenna array is attached to its support structure (tower, mast, rotator, etc.) can be no more than 75 feet high. The uppermost part(s) of such antenna(s) can be at 100 feet. C. Height. The height of an antenna, dish antenna, or tower shall be measured from the adjacent ground elevation at the base of the antenna, dish, or tower to the highest point of the antenna or tower. If the antenna or tower is mounted on a building, height is measured from the average grade level on which the building is constructed. d. Definitions. . An antenna is a wire or other device that receives or transmits radio waves. . A tower is defined as a structure to which an antenna is attached. . A directional satellite communications antenna is defined as any directional antenna or antenna array designed to provide radio communications using satellites, manned or unmanned spacecraft, moonbounce, tropo- scatter, meteor -trail ionization, or similar vehicles or propagation modes. Subd. 2. Installation Requirements. An excavation permit is required for all towers and antennas for which excavation is required. All antennas and towers must conform to the Uniform Building Code, the National Electric Code, the City /County Airport Zoning Ordinance, and the regulations of the Federal Airways Administration (FAA) and Federal Communications Commission (FCC). Antennas or towers may be installed in utility easements if a waiver is obtained from the City Engineer and the Hutchinson Utilities Commission. Subd. 3. Tover Locations. Antennas and towers shall not be allowed (1) nearer the street than the principal building on the lot; and (2) nearer the rear or side lot lines than the minimum rear or side yard setback. Wire antennas are exempt from this requirement. Subd. 4. Encroachment. No part of an antenna may extend beyond the lot line over an adjoining lot without written permission from the owner or lessee of that adjoining lot. Subd. 5. Reservations. The City reserves the right to permit antennas, in its sole discretion, on the tope of water towers, high rise buildings and other structures. The City, at its sole option, may also require a verification of approval from the Hutchinson Community Hospital /Burns Manor Nursing Home or the Municipal Airport when height limitations are of concern for helicopter and flight operations. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this Attest: Gary D. Plotz, City Administrator Published in the Hutchinson First reading Second readinq Leader on day of November, 1994. Mayor C M E M O K A A O U M DATE: November 16, 1994 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF PETITION FOR ANNEXATION REQUESTED BY ROBERT COWGER TO ANNEX 8.50 ACRES IN LYNN TOWNSHIP Pursuant to Section 414.033, Subd. 2b, of Minnesota Statues 1992, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for annexation. HISTORY On September 23, 1994, Mr. Robert Cowger submitted a petition for annexation of 8.50 acres located in Section 2, Lynn Township. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, November 15, 1994, at which time there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, November 3, 1994. 3. The proposal is in conformance with the requirements for annexation. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for annexation be granted as set forth above subject to right of way being granted by property owner to the west of property. City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax (612) 234 -4240 Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax (612) 234 -4240 - Printed on re"cled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 i' Fax (612) 587 -6427 0 PREUMNARY SKETCH FOR: DAN COWGER n "ITet part of the Southwest Quarter or Section 2, lown- ship 116 North, Range 30 West of the Stn Principal Meridian described as follmwsi beginning at the southweat corner of said Southwest Quarter; thence northerly, along the west line or said Southwest Quarter, a dis- tance of 176 -4UU feet; thence easterly, deflect- ing to the right 90 de- grees 00 minutes 00 sec- onds, to the westerly shore line of Otter Lake; thence �o aherly, along said ono re line, t. the lot... ection with the south line of said .uuthwest Quarter, thence westerly, •cony said south U.., to the yaint of be- g inn ln2. N u N+ q 2vu scal o tle w�u "on monumem TOTAL AREA .8 ✓2 ACRES 1 !-rby certify that this a rvey s {cep•ral M me or arler my lirec[ supervision and that I an &1V I Lensed lard I.—... W, the laws of the State of mimusut•. it o! a. NI :I - ;I es 2a -25 I.., am". 1 iom i I a.2T r. N 1 Qa; a. in O Tr is room .A w io lie Leo . am. m i e, Y n l j. RTC 180 TH STREET - 449 N89-15 05-W f rya,' Y .a. Ui m f W p G F 3, _ 1 I .21 ' a. in O Tr is room .A w io lie Leo . am. m i e, Y n l j. RTC 180 TH STREET - 449 N89-15 05-W f Publication #4734 -. - -- 0 — Jr I 1 e /J I: i I i I '( -- R -1 R -2 R R -z R C -1 C -2 C :t i 8.50 acre parcel I e 1 � )� Area to be Annexed -. - -- 0 — Jr I 1 e /J I: i I i I '( -- R -1 R -2 R R -z R C -1 C -2 C V M E M O R A N D U M DATE: November 16, 1994 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MONA HANSON TO MOVE A 1972 RIVIERA MOBILE HOME TO LOT 131 IN MCDONALDS TRAILER COURT Pursuant to Section 8.08, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On October 12, 1994, Mona Hanson, submitted an application for a conditional use permit to move a 1972 Riviera mobile home to Lot 131 in McDonalds Trailer Court. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, November 15, 1994, at which time there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, November 3, 1994. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit begranted based on the findings set forth above subject to meeting life safety issue requirements according to Section 8.08, Hutchinson Zoning Ordinance #464. Respectfully submitted, City Center Clint Gruett, Chairman Parks& Reedixibehinson Planning ComMirs&u6ces III Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (612) 587 -5151 (612) 587 -2975 (672) 587 -2242 Fax(612)234 -4240 Fax(612)234 -4240 i1_ _ % l Fazi612)587 -6427 -Printed on recycled paper- % \/ T� k 74 1 Y F- t .g R f y •fY i x c 0 RESOLUTION NO. 10340 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 8.08 OF ZONING ORDINANCE NO. 464 REQUESTED BY MONA HANSON TO MOVE 1972 MOBILE HOME TO LOT IN MCDONALDS TRAILER COURT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Ms. Mona Hanson, has made application to the City Council for a Conditional Use Permit under Section 8.08 of Zoning Ordinance No. 464 to move a 1972 Riviera mobile home unto lot 131 McDonalds Trailer Court. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above subject to the meeting the life safety issue requirements according to Section 8.08, Hutchinson Zoning Ordinance #464. Adopted by the City Council this 22nd day of November, 1994. ATTEST: Gary D. Plotz City Administrator 0 Marlin D. Torgerson Mayor �J C. H E H 0 R A N D U H DATE: November 16, 1994 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CINDY BEADELL TO SELL CHRISTMAS TREES IN R -2 DISTRICT LOCATED AT 540 GLEN ST. Pursuant to Section 8.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On October 21, 1994, Cindy • a conditional use permit to lot in R -2 district located held at the regular meeting November 15, 1994, at which to the request. Beadell, submitted an application for permit the sale of Christmas trees on at 540 Glen St. A public hearing was of the Planning Commission on Tuesday, time there was no one present objecting FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, November 3, 1994. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be granted based on the findings set forth above. Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission City Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN55350 -3097 Hutchinson:, MN55350 -2464 (612) 587 -5151 (612) 587 -2975 �/ (612) 587 -2242 Fax (612) 234 -4240 Fax (612) 234 -4240 Fax (112) 587 -6427 - Primed on recycled paper - RESOLUTION NO. 10341 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 8.05 OF ZONING ORDINANCE NO. 464 REQUESTED BY CINDY BEADELL TO SELL CHRISTMAS TREES ON LOT IN R -2 DISTRICT LOCATED AT 540 GLEN STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Ms. Cindy Beadell, has made application to the City Council for a Conditional Use Permit under Section 8.05 of Zoning Ordinance No. 464 to sell Christmas trees on lot in R -2 district located at 540 Glen Street with the following legal description: LEGAL DESCRIPTION: Lot 1, Block 3 and 1/2 vacated alley adjacent Bonniwell's Addition 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above. Adopted by the City Council this 22nd day of November, 1994. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor l K, s 0 0 C H E K O R A N D U H DATE: November 16, 1994 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DOUG RETTKE TO MOVE A BUILDING FOR WAREHOUSE TO I/C DISTRICT AT 184 -4TH AVE N.W. Pursuant to Section 8.13, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On October 28, 1994, Douglas Rettke, submitted an application for a conditional use permit to permit him to move a building for warehouse located in the I/C district, 184 -4th Ave N.W. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, November 15, 1994, at which time there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, November 3, 1994. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be granted based on the findings set forth above subject to attached staff recommendations of November 4, 1994. Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission City Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 (612) 587 -5151 Hutchinson, MN 55350 -3097 (612) 587- 2975 `` _ Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)234 -4240 Fax(612)234 -4240 7 Fax(612)587 -6427 - Prin red on recycled paper - 9U /Z D /NO PERM/ T SURVEY FOR: 001116L AS A. RETNE LOT 4, BLACK 23 TRUNK H I GHWAY N0. 7 TOWS /7E Cr HUTCH /NSM (N //?) URB a WTTER DENOTES IRON MON. INPLACE O DENOTES IRON MON. PLACED X DENOTES EXIST. SPOT ELEV. ( ) DENOTES PROPOSED ELEV. BENCHMARK: NAIL 8 LATH IN E. FACE P.P. NEAR NW COR. LOT B, BLOCK 23 ELEVATION • 1045.90 e +!,! L 66.00 X'STING HOUSE u +. le. 3'b +' e O1 e.d• a 9 ►4• ,y a + o m a� 46.0) +` 3 • ac. VV M O_ 8 O Gy O W^ W N D a_ a g a W8 O OW cc b a 32.00' + . (46. O ) 0 • O N �! N 90° 00' • IF O � �m b o ~ o O � ,O Q Oy am 27_70' O N + 9 0 0 8 Z �! . t +BPI ,P5. 67' o,` }11 %, •r 't BENCHMARK I hereby cartltyy that thls Survey, Plan or Report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor(lunder the laws of the Sta`e�Minn� Minnesota. Reg. No. 18164, Date: JOU /' 1Q91 Gl — / 9 RESOLUTION NO. 10342 0 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 8.13 OF ZONING ORDINANCE NO. 464 REQUESTED BY DOUGLAS RETTKE TO MOVE A BUILDING UNTO LOT IN I/C DISTRICT FOR WAREHOUSE LOCATED AT 184 -4TH AVE NW. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Mr. Douglas Rettke, has made application to the City Council for a Conditional Use Permit under Section 8.13 of Zoning Ordinance No. 464 to move a building for warehouse located in the I/C district, 184 -4th Ave. N.W. with the following legal description: LEGAL DESCRIPTION: North 1/2 of Lot 4, Block 23 North 112 of Hutchinson 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above subject to the attached staff recommendations of November 4, 1994. Adopted by the City Council this 22nd day of November, 1994. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor 1] r M E M O R A N D U M DATE: T0: Hutchinson Planning Commission November 4, 1994 FROM Planning Staff - G. Plotz, B. Ewing, M. Hensen, S. Madson, G. Brandt, D. Lennes, B. Wentworth and J. Webster SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DOUG RETTKE TO MOVE A BUILDING FOR WAREHOUSE IN I/C DISTRICT LOCATED AT 184 - 4TH AVE NW 1) The Planning Staff is requesting the additional information prior to a recommendation. Please note the proposed "seed corn warehouse" is an appropriate land use for the I/C district. . A. Registered land survey /site plan representing corner stakes, lot dimensions, drainage contours (both existing and proposed), building and parking lot setbacks, location of gas /electric /water /sewer services needed and if necessary to be relocated, finish floor elevations, parking lot layout. B. Stormwater runoff must not be compounded. (Neighbors garage drainage, etc.) The site must be able to retain via retention pond, storm water runoff the pre - development flows and velocities. Because this is less than one acre, professional design is not required. C. Will snow be stockpiled or trucked off? D. Minimum dimensions for perpendicular parking off the alley typically 8' x 20' for cars and 12' x 65' for semi - offloading. Parking stalls to be 20' x 8'. E. Off- loading of all vehicles to be off public right of way. F. Represent proposed signage. G. Represent proposed plantings. H. Represent any proposed outdoor storage (if applicable). City Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Fax(612)234 -4240 Fax(612)234 -4240 Fax(612)587 -6427 r - Printed on recycled paper - Planning Staff Memo Conditional Use Permit Doug Rettke Page 2 I. One hour exterior walls required if closer than 20' to property line. J. We highly recommend maintaining recommended interior lot setbacks, setbacks between buildings and off the alley for parking. K. It is very unlikely natural gas or electric service will be available to that lot in 1994. L. A moving permit is required. The building must be moved before 8 a.m. or after 8 p.m. M. In the event electric or gas service to the current building is to be relocated, it will be at the owner's expense. N. Gas service must be separate for the house and warehouse and metered separately. (State permit, coming from Hwy 7) 0. The building must have a uniform exterior appearance (color). Repair damaged siding. P. Provide a plan showing use or removal of existing slab once the building is removed. 2) The southerly portion of the lot does appear to be in the 100 year flood zone. The finish floor elevation must be 1046.2 feet and must be recertified by a registered land surveyor. CC: Doug Rettke E u M E M O R A N D U M DATE, November 16, 1994 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF REZONING FROM R -1 TO C -4 PROPERTY LOCATED ALONG HWY 7 E REQUESTED BY ROBERT BARWICK FOR CONSTRUCTION OF MOTEL Pursuant to Section 6.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for rezoning. HISTORY . On October 28, 1994, Mr. Robert Barwick, submitted a request to rezone property from R -1 (Single Family Residence District) to C -4 (Fringe Commercial District) property located on Hwy 7 E. for construction of motel. A hearing was held at a regular meeting of the Planning Commission on Tuesday, November 15, 1994, there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, November 3, 1994. 3. It was the consensus of the Planning Commission that the request be approved. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to rezone be approved base on the findings set forth above. Respectfully submitted, Printed an recycled paper - Clint Gruett, Chairman Hutchinson Planning Commission City Center Parks & Recreation Police Services III Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Fax (612) 234 -4240 Fax (612) 234 -4240 — Fax (612) 587 -6427 Printed an recycled paper - Publication # 4139 Iz i —._ .I Area to be Rezone to C -4l� I i 1- 11 z 12 J �� , ! JT1iy J • ` z EasT f t + iI , t • 1 to 1 1x T • .... —a �I E• o • ��It i � o o ¢• a �- 2 �MCI4NTJ J • < T , ¢ „ HILLTOP DRIVE 1� 7 Oj0 1 ! • t w +- I_ s // Al I 0 M LA MINUTES FOR YOUR INFORMATION HUTCHINSON PLANNING COMMISSION Tuesday, November 15, 1994 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Clint Gruett at 5:30 p.m. with the following members present: Glenn Matejka, Roger Gilmer, Bill Craig, Craig Lenz, Dean Wood and Chairman Gruett. Member absent: April Brandt. Also present: Brenda Ewing, Planning Coordinator and Jim Marka, Building Official. 2. CONSIDERATION OF MINUTES OF REGULAR MEETING DATED OCTOBER 18 1994 Mr. Craig made a motion to approve the minutes dated October 18, 1994, seconded by Mr. Gilmer the motion carried unanimously. 3. PUBLIC HEARINGS a) CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MCLEOD COUNTY TREATMENT CENTER/BETHANY BAPTIST CHURCH TO CHANGE USE FROM CHURCH TO SHELTER HOME IN R -2 DISTRICT Chairman Gruett reopened the hearing at 5:31 p.m. with the reading of publication • #4723 as published in the Hutchinson Leader on Thursday, October 6, 1994. The request is for the purpose of considering a conditional use permit requested by McLeod County Treatment Center/Bethany Baptist Church to change use from church to shelter home in R -2 district located at 800 Grove St. Planning Coordinator Brenda Ewing commented on the informational meeting held with the neighboring property owners on October 27, 1994. She also commented on the legal opinion from City Attorney G. Barry Anderson. Mr. Steve Fitzloff, 820 Grove St., again expressed the same concerns as at the October meeting and the informational meeting. Those concerns were; property values in the area, security of the neighborhood, terminology of the information presented by the applicant and the fact several other property owners have also expressed concern. Mr. Gail Plaisance, 509 Linden Ave., commented on his concern for the children of the neighborhood. He stated he was told there was a site in Glencoe for the facility. Mr. Jerry Brown, 736 Brown St., stated he agrees with the need but not the means. • Ms. Mary Grupe, 743 Grove St., explained her family's move to Hutchinson and the fact they were looking for a good neighborhood when they moved in March of this year. IN HUTCHINSON PLANNING COMMISSION MINUTES NOVEMBER 15, 1994 Ms. Mary Berger, 855 Grove St., commented on the meetings the neighborhood . held. She stated a concern is with the many conflicting answers about the home and the fact the police could be there at anytime of the evening. Mr. Doug Rettke, 4th and Lynn, stated he lives near a group home and has had more vandalism at this residence, however, he does not know if it is due to group home residents or not. Mr. Dick Jensen, 216 Linden, stated he is not strongly opposed to the request and that the need is valid. He commented he is interested in the property value and the potential number of buyers affected. Building Official Jim Marka commented on the staff prospective of the character of the neighborhood. Discussion followed on the zoning requirements in residential districts and the permitted number of residents in a home such as this. Mr. Don Schultz, 835 Church St., stated he is against any business in residential districts. Mr. Craig made a motion to close the hearing, seconded by Mr. Lenz the hearing closed at 5:50 p.m. Mr. Craig commented on the definition of conditional use • permit. Mr. Craig made a motion to recommend denial of the request. Seconded by Mr. Lenz the motion carried after a roll call vote. Mr. Craig, Mr. Lenz, Mr. Gruett and Mr. Wood voting aye. Mr. Matejka and Mr. Gilmer voting nay. Mr. Matejka commented on the precedent this could set to serve the community in this way. County Commissioner Al Huff explained the process the county has gone through to find support for this effort. He stated there is not a site in Glencoe suitable for the facility. Mr. Craig made a motion to direct staff to research language to amend the zoning ordinance for appropriate use, seconded by Mr. Matejka the motion carried unanimously. b) CONTINUATION OF CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 10.08 REGARDING ANTENNAS AND TOWERS Chairman Gruett reopened the hearing at 6:00 p.m. with the reading of publication #4726 as published in the Hutchinson Leader on Thursday, October 6, 1994. The request is for considering an amendment to the Zoning Ordinance Section 10.08 regarding antennas and towers. Planning Coordinator Brenda Ewing commented on the wording as presented by the City Attorney. Mr. Matejka moved to close the hearing, seconded by Mr. Wood the hearing • closed at 6:02 p.m. Mr. Matejka made a motion to recommend approval of the amendment. Seconded by Mr. Wood the motion carried unanimously. 2 HUTCHINSON PLANNING COMMISSION MINUTES NOVEMBER 15, 1994 . c) CONSIDERATION OF ANNEXATION OF 8.50 ACRES IN LYNN TWP. REQUESTED BY DAN AND ROBERT COWGER Chairman Gruett opened the hearing at 6:04 p.m. with the reading of publication #4734 as published in the Hutchinson Leader on Thursday, November 3, 1994. The request is for consideration of a petition to annex 8.50 acres located in Section 2, Lynn Township, requested by Robert and Dan Cowger. Planning Coordinator Brenda Ewing commented on the request and the letter from Mr. Charles Johnson stating he is not interested in annexing his property. Building Official Jim Marka stated the road could stay as it is and the right of way dedicated to the city. Mr. Dan Cowger explained the county recommended petitioning for annexation when he went to them with a sketch and preliminary plat. Mr. Craig moved to close the hearing, seconded by Mr. Matejka the hearing closed at 6:15 p.m. Mr. Craig made a motion to approve the annexation and the right of way dedicated from Johnson property on the west. The Johnson property is not to be forced in at this time and assessments are to be deferred on that property. Seconded . by Mr. Matejka the motion carried unanimously. Mr. Ernst Duesterhoeft, Lynn Township, inquired as to which roads would belong to the city. d) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE A 1972 MOBILE HOME UNTO LOT IN MCDONALDS TRAILER COURT Chairman Gruett opened the hearing at 6:16 p.m. with the reading of publication 44735 as published in the Hutchinson Leader on Thursday, November 3, 1994. The request is for the purpose of considering a conditional use permit to move a 1972 Riviera mobile home unto lot 131 in McDonalds Trailer Court. Ms. Ewing explained the staff recommendations and that the property owner has met all the life safety requirements. Mr. Wood made a motion to close the hearing, seconded by Mr. Craig the hearing closed at 6:17 p.m. Mr. Wood made a motion to recommend approval of the request with staff recommendations to meet the life safety requirements. Seconded by Mr. Craig the motion carried unanimously. • e) CONSIDERATION OF CONDITIONAL USE PERMIT TO SELL CHRISTMAS TREES IN R -2 DISTRICT REQUESTED BY CINDY BEADELL LOCATED AT 540 GLEN ST. 3 HUTCHINSON PLANNING COMMISSION MINUTES NOVEMBER 15, 1994 . Chairman Gruett opened the hearing at 6:18 p.m. with the reading of publication #4736 as published in the Hutchinson Leader on Thursday, November 3, 1994. The request is for the purpose of considering a conditional use permit to sell Christmas trees in R -2 District located at 540 Glen St. Planning Coordinator Ewing commented on the staff recommendation of approval and the favorable letter received from a neighboring property owner. Mr. Matejka moved to close the hearing, seconded by Mr. Lenz the hearing closed at 6:20 p.m. Mr. Matejka made a motion to recommend approval of the request. Seconded by Mr. Lenz the motion carried unanimously. f) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DOUG RETTKE TO MOVE A BUILDING FOR WAREHOUSE TO I/C DISTRICT LOCATED AT 1844TH AVE NW. Chairman Gruett opened the hearing at 6:21 p.m. with the reading of publication 94737 as published in the Hutchinson Leader on Thursday, November 3, 1994. The request is for the purpose of considering a conditional use permit to move a building for warehouse to I/C district located at 184 -4th Ave. N.W. Planning Coordinator Brenda Ewing commented on the numerous staff • requirements and the survey presented by Mr. Rettke. Building Official Jim Marka commented on the staff recommendations stated many have been met. Discussion followed on the 6' setback and drainage. There was also discussion on the parking and off - loading berth. Mr. Lenz moved to close the hearing, seconded by Mr. Matejka the hearing closed at 6:30 p.m. Mr. Lenz made a motion to recommend approval of the request subject to staff recommendations. Seconded by Mr. Matejka the motion carried unanimously. g) CONSIDERATION OF REZONING FROM R -1 TO C -4 NEWLY ANNEXED PROPERTY ON HWY 7 EAST FOR CONSTRUCTION OF MOTEL REQUESTED BY ROBERT BARWICK Chairman Gruett opened the hearing at 6:32 p.m. with the reading of publication #4739 as published in the Hutchinson Leader on Thursday, November 3, 1994. The request is for the purpose of considering a request to rezone newly annexed property on Hwy 7 East from R -1 to C -4 for construction of motel. Ms. Ewing stated the State Municipal Board did approve the annexation requested in October. • Mr. Craig moved to close the hearing, seconded by Mr. Wood the hearing closed at 6:35 p.m. Mr. Craig made a motion to recommend approval of the rezoning request. Seconded by Mr. Wood the motion carried unanimously. 9 HUTCHINSON PLANNING COMMISSION MINUTES NOVEMBER 15, 1994 4. OLD BUSINESS . NONE 5. NEW BUSINESS a) CONTINUED DISCUSSION OF URBAN BOUNDARY MAP AND ANNEXATION IN ACOMA TWP. Building Official Jim Marka commented on the meeting held in June with Acoma Township residents. The meeting was tabled until this meeting (November). He stated legislation has changed and at the present time, annexations require a public hearing at the local municipal level. The need for orderly annexation is taken care of through the legislation. Mr. Jim Field, Acoma Twp., representing the chairman, stated the township officials feel they can not do much about the annexation. Mr. Marka explained the development in the area and the extension of services. He commented the mobile home park has water at this time. A letter of opposition by Arty. Steven Ward representing Mr. Mark Fratzke was read. Jim Marka explained the city can not service the remainder of the Montgomery • property out of city limits. Mr. Dave Bernhagen questioned the road right of way being annexed and how that would affect his taxes. Discussion followed on the cost to property owners. Building Official Marka explained development would be encouraged when the collector road is located. He stated the present service will handle Krisean Acres and Montgomery property. Rust Engineering will do a study on the remaining property for services. Discussion followed on maintaining Koglin Rd. or Co. Rd. 76. Mr. Craig made a motion to prepare for a public hearing, seconded by Mr. Lenz the motion carried unanimously. b) DISCUSSION TO CHANGE STREET NAME FROM ROBERTS ROAD TO ROBERTS AVE. S.W. Planning Coordinator Brenda Ewing commented on the two informational meetings with property owners and explained the staff would recommend changing all of Roberts Rd. to alleviate confusion of numbering for emergency services. Discussion followed on the informational meetings and the opposition to the • change. 5 HUTCHINSON PLANNING COMMISSION MINUTES NOVEMBER 15, 1994 It was the consensus of the planning commission to table the item until the plats are in for the south area. Mr. Lenz moved to table the item with an update at the next meeting, seconded by Mr. Gilmer the motion carried unanimously. c) DISCUSSION OF AMENDMENT TO MUNICIPAL CODE REGARDING DEMOLITION REQUIREMENTS Mr. Marka explained the City Council adopted an amendment to the ordinance and this item was for information only. d) COMMUNICATION FROM STAFF Jim Marka presented a portion of the city survey regarding building and zoning enforcement. 6. ADJOURNMENT The meeting adjourned at 7:25 p.m. • • 9 Ho. =97— Ayollution for PorWt Coral For Y /1Lr4hrly Ca. xba ol6 CHRISTMAS APPLICATION FOR --mE .mDu ----- -PERMIT To the ..................... CITY COUNCIL .................................. of the ............. . .......... CITY ..................................................... of. ............ ....... HUTCHINSON .............................................................. in the County of .... ................................ CLE.OD . .. . ......................... ................ State of Minnesota: . The undersigned owner whose address is ....... ..... R2 ... Br Street.. ....own ............................................................................ ............................... applies for a permit to........ULL ... QIRR STMAS area...................... .......... ........ . ............. ................................................................................ _ .......... I........ and hereby agrees that, in case such permit is granted, that all world which ehall be done and all materials which shall be used shall comply with the plans and epecifccations therefor herewith submitted and with all the ordinances of said ........................_CITY, OF HUTCHINSON applicable thereto. .4pplicant further agrees to pay fees or assessments at the time and in the amounts specifud as follows: ......................................................................................................................................................................................... ............................... FEE: $5.00 ................ i Owner ,11—/ v • c M E M O R A N D U M November 18, 1994 TO: Mavor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE,: Consideration of Purchase Compost/Wastewater Facility of Land Adjacent to Dolf and I reconunend continuing this item until the next Council meeting. We are reviewing other options to purchase the land, and will have a coPy of the trail proposal at that time also. • City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax (612) 234 -4240 - Panted on renmled paper - Police Services 10 Franklin Street SW (7 Hutchinson, MN 55350 -2464 (X (612) 587 -2242 Fax (612) 587 -6427 'A.0 ADMIITCD W "xAS "D., W YORR November 17, 1994 ARNOLD & McDONVELL ATTORNEYS AT LANs 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 -2563 Mr. Gary Plotz City Administrator Hutchinson City Center 111 Hassan Street South Hutchinson, MN 55350 40 Dear Gary: 1612587 -7575 PAX [012'567 -4069 RESIDENT ATTORNEY O. BARRY ANDERSON Or COUNSEL WILLIAM W. CAMERON RAYMOND C. LALLIER 5881 CEDAR LAKE ROAD MTKNEAPOLIS, MINNESOTA 56318 612 546 - 0000 FAX '612'. 648 -1703 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 612' 380 -2214 FAX 512'389 -5506 NOV is WPM.- I'm enclosing herewith a very rough draft of the proposed agreement between the City of Hutchinson and The McNelly Group. I believe this agreement will require some revisions. Three thoughts occurred to me that needs to be addressed. First, I am assuming in this agreement that the City of Hutchinson is responsible for maintaining the equipment even though it is warranted by McNelly. This agreement so reflects. Second, you might want to check that we have properly set out the correct number, and total amount, of payments to be made to McNelly. I have called for $15,000 as a down payment plus $5,000 a month from February of 1995, running through and including January of 1997. According to my arithmetic, the total amount to be paid by Hutchinson is $135,000.00. The third issue concerns the computer software. I am unclear as to how that should be treated in this agreement. At present, I have not pr:vided for any discussion on this topic at all. I presume McNelly would like to retain ownership and use, but in that case a license needs to be granted to the city for any software. • These are all issues that someone should get back to me on at their earliest convenience. I have not attached any exhibits. to the document because all of the exhibits are in your possession. I 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ""CERTIFIED AS A REAL PROPERTY LAN SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATIOS DAN 11) H. ARNOLD' GARY D. MCDOWELL STEVEN A. ANDERSON- • G. DAR RY ANDERSON' STEVEN S. HOGE LAURA E. PHETLA.ND DAVID A. HRUEOGEMA_ \N PAUL D. DOVE `• RICHARD G. MCOEE CATHRYN D. HEBER GINA M. HRANDT RRETT D. ARNOLD 'A.0 ADMIITCD W "xAS "D., W YORR November 17, 1994 ARNOLD & McDONVELL ATTORNEYS AT LANs 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 -2563 Mr. Gary Plotz City Administrator Hutchinson City Center 111 Hassan Street South Hutchinson, MN 55350 40 Dear Gary: 1612587 -7575 PAX [012'567 -4069 RESIDENT ATTORNEY O. BARRY ANDERSON Or COUNSEL WILLIAM W. CAMERON RAYMOND C. LALLIER 5881 CEDAR LAKE ROAD MTKNEAPOLIS, MINNESOTA 56318 612 546 - 0000 FAX '612'. 648 -1703 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 612' 380 -2214 FAX 512'389 -5506 NOV is WPM.- I'm enclosing herewith a very rough draft of the proposed agreement between the City of Hutchinson and The McNelly Group. I believe this agreement will require some revisions. Three thoughts occurred to me that needs to be addressed. First, I am assuming in this agreement that the City of Hutchinson is responsible for maintaining the equipment even though it is warranted by McNelly. This agreement so reflects. Second, you might want to check that we have properly set out the correct number, and total amount, of payments to be made to McNelly. I have called for $15,000 as a down payment plus $5,000 a month from February of 1995, running through and including January of 1997. According to my arithmetic, the total amount to be paid by Hutchinson is $135,000.00. The third issue concerns the computer software. I am unclear as to how that should be treated in this agreement. At present, I have not pr:vided for any discussion on this topic at all. I presume McNelly would like to retain ownership and use, but in that case a license needs to be granted to the city for any software. • These are all issues that someone should get back to me on at their earliest convenience. I have not attached any exhibits. to the document because all of the exhibits are in your possession. I 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ""CERTIFIED AS A REAL PROPERTY LAN SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATIOS Page 2 November 17, 1994 Mr. Plotz would suggest that it would be a good idea to have those exhibits made available to the city council. If you need additional information relative to this agreement, please advise. Thank you. Best regards. Very truly yours, ARNOLr LL G. Barry Anderson GBA:dfp Enclosure 0 • • 0 I. Ll I A. 0 ad N;. 47411 a. .", 8 COMPOST SYSTEM PERFORMANCE SPECIFICATIONS 1HUTCWKSON, MINNESOTA OQBJECf WE The compost system shall be capable of transforming incoming feedstock materials (sewage sludge and yard waste) into a viable and marketable compost product suitable for unrestricted land application use under the federal and state laws and regulations. FEEDSTOCK PREPARATION Contaminant Removal Composting system shall include a viable method ofpreventntg visible contaminants within the yard waste materials, i.e. metals (tin cans, etc.), plastics, etc. Particle Size i Incoming feedstock materials and any additional amendments utilized must be shredded to a uniform particle siize. roughly 1 5 to 3 inches in length. The purpose of this requirements is to increase the surface area available to the microbial population (decomposition occurs at ,6r near the surface of material). Examples of materials requiring shredding include: yard waste brush, wooden pallets. Particle sizing efficiency can be determined from independent sieve analysis or from shredder manufacturer's supplied data. C. Material Mix Feedstock materials and any required amendments must be thoroug y mixed to achieve an intti l cartmLrA= ratio (N ratio) within the mp of 25/1 to 4011. A C/N ratio below the above range can lead to a higher probability of ammonia off - gassing, thus increasing odor generation. A C/N ratio above the stated range can cause a slow down in degradation due to microbial difficulty breaking down some components of carbon (i.e., lignin, cellulose). D. Moisture Initial composting mix (feedstock and amendments) should have a moisture content 1>etw n 45 to 60 pq=t At moisture levels below 40 percent, decomposition begins to slow down. Above 60 percent, feedstock materials tend to easily compact and water falls the interstitial spaces between particles, leading to anaerobic conditions. l —n !'!'i *7. ... ..: i 0 L. F. ii J. 4 1 -1 e. i/A initial composting mix must have a pH between 6.0 and 8.0. Below this range, )organisms can die off, slowing decomposition. Above this range, nitrogen may be I off In the form of ammonia. Litmus paper or pH meters can be used to document pH Odors 1.'i All incoming materials (not including woody waste for amendment purposes) should be processed and placed in a windrow, within 24 hours. 2.! Material preparation steps should be performed on an impervious surface (i.e. concrete, asphalt, water -tight mixer box). 3.' Area should be sloped to allow leachate to be collected and prevent ponding or leachate shall be contained in the mixer box. 4. Areas or mixer box should be periodically washed down. 1i11. AL71VE COMPOSTING • A. 'temperature R. stem shall be uniformly gUable of obtaining high tMerstures (9° - 131 F1 necessary maintain a healthy population of thermophilic microorganisms throughout the entire nposting vessel. Freezing of material at any place within the composting vessel is not eptable. System shall be further gapable of cont±=grm lv maintairim a =Rffature equal or greater than. 551C (131 *Fl for a period of three consecutive days in order to satisfy Part 503 requirement for pathogen reduction. stem shall use a network of blowers and HDPE or PVC piping to supply oxygen to the nposting mass. Maintenance on air distribution system shall not require more than one it per container per compost cycle. This system shall be properly sized and operated. to WWn an oxvgen level of between 10 jud 15 g risM within the maee. Oxygen levels can Identified through the use of a hand held oxygen meter. Several readings are required, at the mass core and one approximately one -foot below the mass surface. C. Moisture Cc Mposting mm' should be maintained at a moisture level between 40 to 60 go=. (Same • requirement as ILD above). I, N,,. 4744 P. 4.!8 . Collected leachate may be used for moisture addition. Leachate not used in the feedstock pieparetion or the active compost process must be properly treated at the treatment %cility. D. ddor Control i A�l process air must be ,collected and treated. The treatment method utilized must be properly sized, maintained, and be capable of removing in excess of 90 percent of the odorous compounds collected. k4uantitative assessment of odors near the compost operation would be difficult and very expensive. The City of Hutchinson reserves the right to retain RUST E&I staff for a qualitative assessment of odors near the compost site. E. Agitation I T6 entire composting mass should be periodically mixed to minimize possibility of dt{mping or air channeling and facilitate product consistency. The compost system supplier shall be responsible for agitation methodology and anticipated frequency. i F. Vplume(Welght Reduction While in the composting phase, vendor's system shall be capable of reducing the composting mass by the following minimums: 1. 40 percent of volume. 2. 40 percent by weight. TY a weight/volume reductions will be as determined 'by the difference between the w �I .ght/volume in the incoming material and the material completing the active composting ptJase. Incoming material and completed composting material are assumed to not include bullang materials added to maintain structural support and material porosity. G. Container Construction I 1. Active composting must be conducted within an impervious container so leaohate cannot percolate into the ground. 2. Container should be sloped a minimum of I to 2 percent to allow for the collection ofleachate. H. Respiration Rate Respiration may be used as a measure of when compostable materials have decomposed • siiriiftcantly enough to produce a stable end product. Respiration provides the rate of 3 I Pf��: i:. i':�� :.!d Ivo. 4 ?�� • P. 5/8 Sdecomposition occurring within a compost mass by measuring either the amount of oxygen used or carbon dioxide given off by the microbial colony. The resulting respiration rue is usually .expressed as the amount of oxygen consumed or carbon dioxide produced per unit Weight'& compost volatile solids per hour. Compost will be considered stable when a silg ifieent drop in the respiration rate has occurred or when the industry guidelines projected t0 be published by the Composting Council are met. IV. FINISHED PRODUCT (Including Curing) A. Compost Color The finished product should have an earthy, dark brown color. Moisture content strongly influences the color of compost, the wetter the material is the darker it may be. Compost also tends to become darker as it progresses through the process. Keeping the above two statements in mind compost will pass the color test if 1) it is dark brown in color and does not appear overly moist (moisture drips out after squeezing). Compost will not pass if it: 1) is dark brown due to excessive moisture and 2) is light brown in color (typically indicates material is too dry or may be immature). i B. Compost Moisture • Finished product should have a moisture content ranging between 39 and 45 percent. C. Particle Size 0 The finished product should not have large particles. The finished product should be a marketable compost product suitable for unrestricted land application use after final screening of bulking materials. D. Man -Made Inerts Finished product should not contain inert materials in quantities greater than the following (based on particle size determined through round-hole screens). Particle Size I)ry Weil; lRercent up to 10 millimeters 1.0 up to 18 millimeters 2.0 up to 25 millimeters 4.0 4 • L A). Y7 {{ .. U;'0 The density of fecal oolifonn in the finished product shall be less than 1,000 Most Probable Numbaper gram of total solids (dry weight basis) or the density of Salmonella sp. bacteria shall be less than three Most Probable Number per four grams of total solids (dry weight basis). F. Pollutant Concentration The pollutant concentrations in the finished product shall not exceed the following (dry weight basis): Concentration Limit P�Ill+ilant (mBUFRi Arsenic 41 Cadmium 39 Chromium 1,200 Copper 1,500 Lead 300 Mercury 17 Molybdenum 75 • Nickel 420 Selenium 36 Zinc 2,800 G. Vector Attraction Reduction One of the vector attraction reduction requirements in Part 503, Par. 503.33(b)(1) through (bX8) shall be met. If the specific oxygen uptake rate (SOUR) is equal to or less than 1.5 mg of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20 °C, the requirement for vector attraction reduction will be met. H. pH The finished product shall have a pH in the range of 6.0 to B.O. L Soluble Salts E1'echical conductivity should be used to measure the quantity of soluble salts present in the finished product. Compost with a high soluble sah content can be toxic to plants (phytotoxic). The possibility for a toxic ruction can vary greatly between various plant species, thecae, actual soluble salt coucentration may be specified by the end user. It is recommended that the soluble salt level not to exceed 5 mmhoskam for general use compost. 5 N;a. 1�. 1994 j 8 :1"A.M I' • Method to measure conductivity: • 0 N ^.4 %44 1. 1/3 1 Saturate a sample of compost in water. I Allow the sample to equilibrate. 31 Extract the liquid and determine the electrical conductivity of the extract with a j: conductivity probe. I' J. lqutrient Content End uses may require to know the nutrient content of the finished product- It is suggested that at least one batch of compost be tested for the following: V. lj Nitrogen: I suggested that the attached monitoring program be utilized during the demonstration 0 Total Nitrogen • Ammonia • Nitrate • Nitrite Inorganic/Organic 2 Phosphorous (P20s) 3ii'' 4.1 Potassium (Ka0) Calcium 51 Magnesium 6j Bulk Density I suggested that the attached monitoring program be utilized during the demonstration 0 0 • 0 "1; r 1'394 1 i AM 1-11 Note: A batch is assumed to be the feedstock necessary to fill four containers at one time. SUGGESTED MONPTORING PROGRAM ActivityAIIme Component Analysis Frequency Before Composting Sludge Pollutants (EPA List) Each Batch Yard Waste Particle-Size Each Batch Sludge/Yard Waste C/N Ratio First Two Batches Sludge/Yard Waste Moisture First Two Batches Sludge/Yard Waste pH Each Batch During composting i j I Aerated Pile Temperature Each Batch Aerated Pile Oxygen Each Batch Aerated Pile Moisture Fast Two Batches Aerated Pile Volume Reduction Fast Two Batches Aerated Pile Weight Reduction First Two Batches Aerated Pile Respiration Rate At Least One Batch Mier C' mposting ! Compost Pollutants (.EPA last) Each Batch Compost Pathogens Each Batch Compost SOUR Each Batch Compost Color Each Batch Compost Moisture First Two Batches Compost Man -Made Inerts At Least One Batch Compost pH Each Batch Compost Soluble Salts At Least One Batch compost Nutrient Content At Least One Batch Note: A batch is assumed to be the feedstock necessary to fill four containers at one time. N- N4 m P A It :41 a building Z ))an tt scale 1: :3,5 1V mp my ui E_3 3 - asphalt N f o { 5• I 5000 le test • 5,e• «Du CONCRETE _d4 f 5 n" b' p C ✓�b 140 E HUTCHINSON p • • �COWOUJ; -r I%j U B 4 � Y i L ✓mob V ►0J _. SITE —� PLAN NaturTech WY 10 ,s4 sM W w O , • i • 0 COMPOST EQUIPMENT LEASE THIS LEASE is made and entered into this _ day of November, 1994, by and between the City of Hutchinson, a Minnesota municipal corporation (City) and James McNelly, doing business as the McNelly Group (McNelly). RECITALS 1. The City of Hutchinson is responsible for the disposition of certain solid wastes and sludge material and McNelly is prepared to lease to the City certain equipment, on a demonstration project basis, to aid and assist the City in the disposition of said material; 2. It is necessary for the public health and welfare of the City of Hutchinson and the City Council for the City of Hutchinson, by authorizing and approving this agreement, specifically so finds, to engage in new and evolutionary technology for the disposition of solid waste material; 3. The parties hereto desire to reduce their agreement to writing. NOW THEREFORE FOR GOOD AND VALUABLE ION, including but not limited to the mutual promises set forth herein, the parties do hereby agree as follows: 1. LEASE. McNelly agrees to deliver, install and lease certain equipment more particularly described on Exhibit "A" which is attached hereto and incorporated as if fully set out, to the City of Hutchinson. The equipment shall be located as set forth in the Site Plan, a true and correct copy which is attached hereto and marked as Exhibit "B" and incorporated as if fully set out herein. The equipment shall be leased to the City and its successors and 9-A, -1- assigns for and during the full term of twenty four (24) months beginning on January 15, 1995 with payments under said lease to be as follows: a. Fifteen Thousand and no /100 Dollars ($15,000.00) to be paid on or before January 15, 1995; b. Five Thousand and no /100 Dollars ($5,000.00) per month commencing on February 1, 1995 and continuing on the first of each month thereafter to and including January 1, 1997. McNelly agrees and covenants that the City, upon payment of the rent and compliance with this agreement, shall and may peaceably and quietly have, hold and enjoy the use and possession of said equipment for the full term of this agreement. 2. OPERATION AND WARRANTY. The City shall operate the equipment in accordance with the instructions of McNelly. McNelly warrants and represents that all goods covered by this agreement shall conform to the specifications of the City and that any non conforming goods will be replaced by McNelly, at McNelly's own expense, within thirty (30) days of delivery. In the event of a dispute as to whether goods conform to specifications, the determination of the City shall be dispositive. McNelly guarantees all workmanship and materials furnished pursuant to the contract for a period of one (1) year after final written acceptance and installation. If during the period of guarantee, any defects or faulty materials are found, McNelly will immediately, upon written notification, replace or repair the same at McNelly's own expense, along with any damage to equipment or furnishings owned by the City of Hutchinson which damage occurred as a result of the defective -2- • equipment or workmanship. If guarantees exceeding one (1) year are called for on certain items in the specifications provided by any manufacturer, the longer guarantees will apply. 3. CONFORMANCE TO SPECIFICATIONS. McNelly agrees that the equipment leased to the City of Hutchinson shall perform according to the specifications attached hereto, marked as Exhibit "C" and incorporated as if fully set out herein. McNelly agrees that the system will meet specifications for a period of at least two (2) years from the date of written acceptance of final installation of the equipment. McNelly agrees to provide whatever technical assistance is necessary to assure compliance with the terms and conditions of the specifications and to cure any failure to perform according to the specifications. In addition thereto, McNelly • agrees to provide general technical assistance to the City of Hutchinson to assure a fully functional and operational system which technical assistance is separate and apart from the assistance required under the guarantee of performance according to the specification and which assistance is limited to eight (8) hours per week. Also in addition thereto, McNelly agrees to furnish whatever technical assistance is necessary to install the equipment and to make the equipment fully operational. 4. SUBCONTRACTING AND ASSIGNMENT. McNelly agrees that he will not enter into any subcontract for the performance of the services contemplated under this agreement nor assign any interest in the contract without the prior written consent of the City, which prior written consent shall not be unreasonably withheld. In • the event McNelly elects to assign, sell or otherwise transfer McNelly's interest in the contract, McNelly shall remain solely CRIM responsible for the performance of McNelly's duties under the terms of this agreement. The City agrees not to sell, convey or • otherwise transfer its interest in the equipment during the term of this agreement without the express written consent of McNelly, which consent shall not be unreasonably withheld. 5. DEFAULT. Neither party shall be held responsible for delay or failure to perform when such delay or failure is due to the following uncontrollable circumstances unless the act or occurrence could have been foreseen and reasonably action could have been taken to prevent the delay or failure: fire, flood, epidemic, strikes, wars, acts of God, unusually severe weather, delays or defaults caused by public carriers, providing the defaulting party gives notice as soon as possible to the other party of inability to perform. Unless excused by the City, default • as the occurrence of an uncontrollable circumstance or the City's waiver of default, each of the following shall constitute default on the part of McNelly: (a) The written admission by McNelly of bankruptcy or filing of a voluntary petition for protection under the Federal Bankruptcy Code or the filing of an involuntary petition for protection under the Federal Bankruptcy Code unless the same is dismissed within ninety (90) days. Notice of default and cure provisions of this agreement do not apply to this paragraph. (b) The making of any arrangement with or for the benefit of McNelly's creditors involving an assignment to a trustee, receiver or similar fiduciary. Notice of default and cure provisions of this agreement do not apply to this paragraph. (c) Making material misrepresentations either in the attached exhibits • and documents or in any other provisions or conditions relied upon IZC • in making this agreement. Breach by McNelly or the City of any other provisions of this agreement shall also constitute a default. 6. FAILURE TO PERFORM ANY OTHER PROVISION OF THE CONTRACT. Unless otherwise provided, no event shall constitute a default giving rise to the right to terminate the agreement unless and until written notice of default is given to the defaulting party, specifying the particular event, series of events or failure constituting the default, and giving the defaulting party a period of time not to exceed sixty (60) days following receipt of written notice of the default to cure the default. The rights and remedies of the parties provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this agreement. • 7. FORFEITURE. Upon the occurrence of any event of default by McNelly as specified above, and upon the failure to cure within the appropriate period as required by this agreement, the City may terminate this lease by giving written notice and it is hereby agreed that the City shall have the right to retain, as liquidated damages, the equipment set forth on Exhibit "A" to this agreement and the value of said equipment shall not be construed to be a penalty, but rather as liquidated damages to compensate for additional costs and inconvenience incurred by the City. S. DAMAGES. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. In the event this agreement is terminated by reason of default, the non defaulting party may • recover the necessary costs of termination including, but not limited to, administrative, attorney's fees and legal costs, from -5- the defaulting party. Notwithstanding any other provision of the agreement to the contrary, upon breach of the contract by McNelly, • the City may withhold any payment due McNelly for purposes of set off until such time as the exact amount of damages due is determined. 9. NOTICES. All notices required or permitted under this agreement shall be in writing and addressed as follows: TO THE CITY: Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 TO McNELLY: James McNelly d /b /a The McNelly Group P.O. Box 7444 St. Cloud, Mn. 56302 10. MODIFICATIONS. Any alterations, variations, modifications or waivers of the provisions of this agreement shall only be valid when reduced to writing and signed by the authorized • representatives of both parties. 11. SEVERABILITY. The provisions of this agreement shall be deemed severable. If any part of this agreement is rendered void, invalid or unenforceable, such rendering shall not effect the validity and enforcement of the remainder of the agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire agreement with respect to either party. 12. MERGER. This contract is the final expression of the agreement of the parties in complete and exclusive statement of the terms agreed upon and .shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties or stipulations, oral or written, not herein contained. • 13. DOCUMENT OWNERSHIP. Any reports, studies, photographs, ZC negatives or other documents prepared by McNelly in the performance of its obligations under this agreement and used by, or delivered to, the City shall be the exclusive property of the City and all such materials shall be remitted to the City by McNelly upon completion, termination or cancellation of this agreement. 14. GOVERNING LAW. This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first above written. • Attest: CITY OF HUTCHINSON By: City Administrator James McNelly, d /b /a The McNelly Group STATE OF MINNESOTA) ) SS. COUNTY OF McLEOD ) On this day of November, 1994, before me a Notary Public, personally appeared, and the and of the City of Hutchinson, municipal corporation, to me known to be the persons who executed the foregoing document on behalf of the City of Hutchinson. -7- Notary Public STATE OF MINNESOTA) SS. 0COUNTY OF McLEOD ) On this day of November, 1994, before me a Notary Public, personally appeared, James McNelly, d /b /a The McNelly Group, to me known to be the person who executed the foregoing document on behalf of The McNelly Group. Notary Public THIS INSTRUMENT WAS PREPARED BY: G. Barry Anderson ARNOLD & McDOWELL 101 Park Place Hutchinson, Mn. 55350 Telephone (612) 587 -7575 Attorney I.D. No. 196X 0 A • HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY 111 Hassan St. SE Hutchinson, Minnesota 55350 (612) 234 -4251 • (612)234.4236 • FAX: 612-234-4240 EQUAL HOUSING OPPORTUNITY TO: Mayor and City Council CA` /L' FROM: Jean Ward, HRA Executive Director- DATE: November 18, 1994 RE: Public Hearing Requirement for Establishment of Local Preference Admission Policy at Park Towers A new rule by HUD, Preferences for Admission to Assisted Housing, effective August 17, 1994 states that local preferences may be established by a Housing Authority for use in selecting tenants from among their applicants. This new preference rule gives HRA's more flexibility in adopting tenant selection procedures that will meet local housing objectives. A public hearing is required to adopt local preferences. The local preferences being considered for adoption by our HRA Board are listed as follows: 4 points for qualifying for participation in an Assisted Living Program. (This would apply to frail elderly who may otherwise have to be placed in a nursing home.) 3 points for elderly, handicapped or disabled persons. 2 points for residents of Hutchinson or for those persons who have been notified that they will be employed in Hutchinson. 1 point for near elderly (age 50 or above) Applicants will be filed by points and then date and time. If you have any questions about establishment of preferences for admission to Park Towers, please feel free to call. C TO: Mayor & Council FROM: Dolf Moon, Director of P.R.C.E. DATE: 11 -16 -94 RE: 1995 Budget At the November P.R.C.E. Advisory Board meeting, the following motion was made and seconded with unanimous approval; the Board recommended the establishment of a 1.5% line item based on the proposed 1995 Parks and Recreation Budget. This fund will be exclusively used for capitol outlay items related to facilities. 0 Discussion involved with the recommendation included: • Approximately $18,000 would be available in the first year. • Dollars not used would roll over into future budgets. • Would provide a starting place for the long term integrity for the Parks and Recreation Facilities. • Percentage can be reviewed annually. • Provide a measure of fiscal management responsibility. • May eliminate future Arena type dilemmas. • This issue has been talked about for many years. By bringing this suggestion forward, the Board feels that it can be thoroughly discussed prior to adoption of the 1995 Budget. City Center Parks & Recreation Police Sen•iees 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (612) 587 -5151 (612) 587 -2975 �� %� (612) 587 -2242 Fax(612)234 -4240 Fax(612)234 -4240 �/ Fax(612)587 -6427 Primed nra wrcrfed nme�- hutchinson community • hospital burns manor nursing home 1095 Highway 15 South • Hutchinson, MN 55350 • 612/234 -5000 November 17, 1994 The Honorable Mayor Marlin Torgerson and Members of the City Council Hutchinson Citv Center I I I Hassan St. S. Hutchinson, MN 55350 Dear Mayor Torgerson and City Council Members: The board of directors of Hutchinson Community Hospital/Bums Manor Nursing Home, as part of their regular meeting on November 15, considered the results of a bidding process for purchase of an automated medication system for the hospital's pharmacy services area. The following reflects the discussion of the matter: "Pharmacy Automated Medication System Bid Results. Results of the recent bidding process for an automated medication dispensing system were presented to the board, who had given approval at the October meeting to obtain bids. Rationale for the requested purchase included savings of nursing and pharmacy staff time along with savings in supply costs and increased capture of drug charges. "Bids were requested of three manufacturers, and two bids were received and considered: Sure -Med, a Baxter Healthcare Company, at a bid price of $65,000, and Pyxis Corporation, at a bid price of $33,414.40 (through Allina's VHA group purchasing contract). "This item was budgeted for 1994 at an expected cost of $50,000. The low bid price would provide an estimated payback of 1.1 years. "Following discussion: "Motion was made by Erickson, seconded by Mills, to recommend to the City Council acceptance of the low bid of $33,414.40 from Pyxis Corporation for purchase of an automated medication system for pharmacy services. All were in favor. Motion carried." Thank you for your consideration of this request. Don Erickson will be able to answer any questions you may have regarding this equipment at your next regular meeting. If I can answer further questions, please contact me. Sincerely, HUTCHINSON COMMUNITY HOSPITAL/ ,B) tNS MANOR NURSING HOME Philip G. raves President PGG:lh % 1� • 1 HUTCHINSON COMMUNITY HOSPITAL/ BURNS MANOR NURSING HOME Pharmacy Automated Medication Station Action Approval to request bids for purchase of an automated medication Requested: system with electronic tracking and billing. Background: The present system of stocking controlled drugs and other emergency and stock medications at the main nursing station is outdated and costly. Shift counts are required every eight hours for controlled drugs along with a complex paper trail. Emergency drugs are placed in plastic bags and then stocked for billing. Some stickers are lost; therefore, billing is also lost for these drugs. manual inventories by pharmacy staff are done twice per day to assure they have sufficient drugs to meet the needs of the patients. Billing for these drugs is done by hand. Strategic The medication system will track and bill all the nursing station Consideration medications electronically. Each dose removed from the system is billed to the proper patient. All controlled drugs are accounted for, including waste and shift counts are not needed. Inventory is maintained by the computer; therefore, the exact amount needed is available in seconds. This system saves nursing and pharmacy time along with saving supply costs and capturing all charges. Other Information: Summary of Financial Impact: 1. The new system can be expanded to other areas of the hospital. 2. This system can also control IV solutions and supplies, ER meds, etc. 3. This system comes with five years of free upgrades. 4. Nursing and pharmacy productivity will improve by reducing and eliminating time- consuming distribution tasks. 5. Real time inventory is possible. 6. Charge capture is increased. Approximate Cost: Payback: 1.1 years Budgeted Amount: N $33,414 $50,000 M E M O R A N D U M November 16, 1994 TO: Mayor & Council FROM: Gary D. Plotz, City Administrator SUBJECT: LIQUOR STORE UPDATE /REPORTING AND MEASUREMENT SYSTEM On November 9 Don Erickson, Ken Merrill, Neil Wegner, and I met to review the monthly liquor store results through September 1994. Attached is the detailed review at the meeting. The April and September reports have two measurements, one based on physical and one based on perpetual inventory, respectively. It was a consensus to have quarterly reporting in 1995 on several "key indicators," among which include quarterly sales, quarterly gross profit percent, quarterly net income, and quarterly labor as to sales. Once we have sufficient data from "same quarter /prior year," we may be able to identify /graph some of these results more accurately showing seasonal comparisons. Additional areas that Neil will be monitoring internally on an ongoing basis include personnel cost as a percent of gross sales and a continuous inventory measurement (hand held computer). It was agreed there will be a physical inventory at the end of 1994. Data comparisons will be made with benchmarks established by Charles Grinstead's Report (1993) , after the 1994 year end physical inventory. The next quarterly report will be completed by late January 1995. If you have any questions, feel free to contact either Neil, Ken, or myself. Attachment /mj s 0 Cih' Center I l l Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Printed on rervried pver - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 / _ �, Fax (612) 587 -6427 OTHER - REVENUES /EXPENSES MISC. - Lottery 516.58 Sale of Property 0.00 Contributions & Donations 0.00 INTEREST - INCOME 304.31 INTEREST-EXPENSE (1,250.00) TOTAL OTHER (42911) NET INCOME 5,494.15 TRANSFER TO GENERAL FUND m & e Recon. COS T. Exp les 146,592.44 339.76 P.I. 107,473.10 124,935.48 Cos 124,935.48 145,682.20 85,816.14 39,119.34 146,592.44 0.00 /D -A CITY OF HUTCHINSON MUNICIPAL LIQUOR DISPENSARY January 1994 1994 5, = S LIQUOR 44,467.07 WINE 10,269.55 BEER 54,032.09 MISCELLANEOUS 3,790.58 QUANTITY DISCOUNTS (412.93) TOTAL 112,146.36 COST OF SALES 85,816.14 GROSS PROFIT 26,330.22 23.48% OPERATING EXPENSE SALARIES 8,429.31 EMPLOYEE BENEFITS 2,031.32 OPERATING SUPPLIES 149.05 OFFICE SUPPLIES 216.24 CLOTHING & PERSONAL EQUIPMENT 0.00 LOGIS - COMPUTER OPERATIONS 0.00 MAINTENANCE - SUPPLIES 50.00 SMALL TOOLS 0.00 DEPRECIATION 1,899.75 per month 1,899.75 COMMUNICA 12.76 UTILITIES 998.89 MAINTENANCE & ALARM 779.44 PRINTING 0.00 GENERAL LIABILITY INSURANCE 67425 TRAVEL, SCHOOL & CONFERENCES 0.00 ADVERTISING 4,055.58 DUES & SUBSCRITIONS 0.00 RENTALS 0.00 MISC. 1,110.37 TOTAL OPERATING EXPENSE 0.00 20,406.96 OPERATING INCOME 0.00 5,923.26 OTHER - REVENUES /EXPENSES MISC. - Lottery 516.58 Sale of Property 0.00 Contributions & Donations 0.00 INTEREST - INCOME 304.31 INTEREST-EXPENSE (1,250.00) TOTAL OTHER (42911) NET INCOME 5,494.15 TRANSFER TO GENERAL FUND m & e Recon. COS T. Exp les 146,592.44 339.76 P.I. 107,473.10 124,935.48 Cos 124,935.48 145,682.20 85,816.14 39,119.34 146,592.44 0.00 /D -A CITY OF HUTCHINSON MUNICIPAL LIQUOR DISPENSARY February 1994 19°4 SALES LIQUOR 86,624.50 WINE 21,228.80 BEER 109,125.03 MISCELLANEOUS 7,734.04 QUANTITY DISCOUNTS (958.09) TOTAL 223,754.28 COST OF SALES 170,818.01 GROSS PROFIT 52,936.27 23.66% OPERATING EXPENSE SALARIES 15,893.91 EMPLOYEE BENEFITS 3,817.08 OPERATING SUPPLIES 171.75 OFFICE SUPPLIES 216.24 CLOTHING & PERSONAL EQUIPMENT 0.00 LOGIS - COMPUTER OPERATIONS 765.05 MAINTENANCE - SUPPLIES 50.00 SMALL TOOLS 0.00 DEPRECIATION 1,899.75 per month 3,799.50 COMMUNICA 124.37 UTILITIES 2,199.43 V,,AINTENANCE & ALARM 3,390.66 PRINTING 000 0 GENERAL LIABILITY INSURANCE 724.25 TRAVEL, SCHOOL & CONFERENCES 0.00 ADVERTISING 5,458.68 DUES & SUBSCRITIONS 0.00 RENTALS 28.76 MISC. 1,110.37 TOTAL OPERATING EXPENSE 000 37,750.05 OPERATING INCOME 0.00 15,186.22 OTHER REVE ENUES /E XPENSES MISC. - Lottery 1,989.88 Sale of Property 000 Contrib-itions & Donations 0.00 INTEREST - INCOME 563.94 INTEREST-EXPENSE (2,500.00) TOTAL OTHER 53.82 NET INCOME 15,240.04 E TRANSFER TO GENERAL FUND m &e COS 397.44 217,536.05 255,683.54 CITY OF HUTCHINSON 530.93 MUNICIPAL LIQUOR DISPENSARY 0.00 March 1994 1994 SALES 5,38169 LIQUOR 132,063.96 WINE 33,306.11 BEER 175,555.42 MISCELLANEOUS 12,049.07 QUANTITY DISCOUNTS (1,589.94) TOTAL 351,384.62 COST OF SALES 266,526.63 GROSS PROFIT 84,857.99 24.15% OPERATING EXPENSE SALARIES 23,418.93 EMPLOYEE BENEFITS 5,631.00 OPERATING SUPPLIES 1,319.58 OFFICE SUPPLIES 216.24 CLOTHING & PERSONAL EQUIPMENT 0.00 LOGIS - COMPUT'R OPERATIONS 1,837.37 MAINTENANCE - SUPPLIES 50.00 SMALL TOOLS 000 DEPRECIATION 1,899.75 per month 5,699.25 COMMUNICA 216.91 UTILITIES 3,142.57 MAINTENANCE & ALARM 3,928.38 PRINTING 0.00 GENERAL LIABILITY INSURANCE 1,398.50 TRAVEL, SCHOOL & CONFERENCES 116.00 ADVERTISING 7,382.42 DUES &SUBSCRITIONS 0.00 RENTALS 28.76 MISC. 1,127.32 TOTAL OPERATING EXPENSE 0.00 55,513.23 OPERATING INCOME 0.00 29,344.76 OTHER - Revenues/Expenses MISC - Lottery 530.93 Sale of Property 0.00 Contributions & Donations 000 INTEREST - INCOME 5,38169 INTEREST-EXPENSE (3,750.00) TOTAL OTHER 2,162.62 NET INCOME 31,507.38 TRANSFER TO GENERAL FUND ni COS 651.65 exp 385,949.96 326,035.08 pl 325,789.86 382,199.96 Cos 59,508.45 eCUip 651.65 385,949.96 1,022,349.66 0 CITY OF HUTCHINSON MUNICIPAL LIQUOR DISPENSARY April 1994 (using perpetual inventory) 1994 SALES LIQUOR 179,251.22 WINE 49,052.85 BEER 251,251.92 MISCELLANEOUS 16,646.40 QUANTITY DISCOUNTS (2,837.79) TOTAL 493,364.60 COST OF SALES 378,833.85 GROSS PROFIT 114,530.75 TOTAL OTHER 23.21% OPERATING EXPENSE SALARIES 35, 808.02 EMPLOYEE BENEFITS 8,548.42 OPERATING SUPPLIES 1,876.61 OFFICE SUPPLIES 373.74 CLOTHING & PERSONAL EQUIPMENT 0.00 LOGIS - COMPUTER OPERATIONS 1,837.37 MAINTENANCE - SUPPLIES 50.00 SMALL TOOLS 0.00 DEPRECIATION 1,899.75 per month 7,599.00 COMMUNICA 328.24 UTILITIES 4,128.55 MAINTENANCE & ALARM 3,970.98 PRINTING 0.00 GENERAL LIABILITY INSURANCE 5,824.75 qW TRAVEL, SCHOOL & CONFERENCES 116.00 ADVERTISING 7,891.02 DUES & SUBSCRITIONS 0.00 RENTALS 28.76 misc. 1,143.35 TOTAL OPERATING EXPENSE 79,524.81 OPERATING INCOME $35,005.94 OTHER - Revenues/ Expenses MISC. - Lottery 533.93 Sale of Property 0.00 Contributions & Donations 0.00 INTEREST - INCOME 2,485.36 INTEREST-EXPENSE (5,000.00) TOTAL OTHER (1,980.71) NET INCOME $33,025.23 TRANSFER TO GENERAL FUND 0.00 m &e Cos 651.65 exp 507,999.49 422,823.03 pl 463,358.66 502,999.49 Cos 43,989.18 equip 651.65 507,999.49 CITY OF HUTCHINSON MUNICIPAL LIQUOR DISPENSARY SALES April 1994 (using physical inventory) 1994 LIQUOR 179,251.22 WINE 49,052.85 BEER 251,251.92 MISCELLANEOUS 16,646.40 QUANTITY DISCOUNTS (2,837.79) TOTAL 493,364.60 COST OF SALES 396,656.99 GROSS PROFIT 96,707.61 OPERATING 19.60% EXPENSE SALARIES 35, 808.02 EMPLOYEE BENEFITS 8,548.42 OPERATING SUPPLIES 1,876.61 OFFICE SUPPLIES 373.74 CLOTHING & PERSONAL EQUIPMENT 0.00 LOGIS - COMPUTER OPERATIONS 1,837.37 MAINTENANCE - SUPPLIES 50.00 SMALL TOOLS 0.00 DEPRECIATION 1,899.75 per month 7,599.00 COMMUNICA 328.24 UTILITIES MAINTENANCE & ALARM 4,128.55 3,970.98 PRINTING 0.00 GENERAL LIABILITY INSURANCE 5,824.75 TRAVEL, SCHOOL & CONFERENCES 116.00 ADVERTISING 7,891.02 DUES & SUBSCRITIONS 0.00 RENTALS 28.76 MISC. 1,143.35 TOTAL OPERATING EXPENSE 79,524.81 OPERATING INCOME $17,182.80 OTHER - Revenues/ Expenses MISC. - Lottery 533.93 Sale of Property 0.00 Contributions & Donations 0.00 INTEREST - INCOME 2,485.36 INTEREST-EXPENSE (5,000.00) TOTAL OTHER (1,980.71) NET INCOME $15,202.09 TRANSFER TO GENERAL FUND m & e 0.00 COS exp 651.65 pl 507,999.49 422,823.03 Cos 481,181.80 502,999.49 equip 26,166.04 651.65 507,999.49 CITY OF HUTCH INSON MUNICIPAL LIQUOR DISPENSARY SALES May 1994 using perpetual system LIQUOR WINE BEER MISCELLANEOUS QUANTITY DISCOUNTS TOTAL COST OF SALES OPERATING GROSS PROFIT EXPENSE SALARIES EMPLOYEE BENEFITS OPERATING SUPPLIES OFFICE SUPPLIES CLOTHING & PERSONAL EQUIPMENT LOGIS - COMPUTER OPERATIONS MAINTENANCE - SUPPLIES SMALL TOOLS DEPRECIATION COMMUNICA UTILITIES MAINTENANCE & ALARM PRINTING GENERAL LIABILITY INSURANCE TRAVEL, SCHOOL & CONFERENCES ADVERTISING DUES & SUBSCRITIONS RENTALS MISC. TOTAL OPERATING EXPENSE OPERATING INCOME OTHER - Revenues/ Expenses MISC. - Lottery Sale of Property Contributions & Donations INTEREST - INCOME INTEREST - EXPENSE TOTALOTHER NET INCOME TRANSFER TO GENERAL FUND m &e COS exp pl 700,240.27 cos 607,839.99 equip 83,110.86 cap equip 9,289.42 700,240.27 1,899.75 per month 1994 226,911.77 i 63,414.75 345,791.95 23,560.81 (3,928.39) 655,750.89 505,286.10 150,464.79 22.95° 44,445.49 10,491.34 2,732.61 373.74 0.00 1,837.37 50.00 0.00 9,498.75 494.58 4,911.16 4,060.96. 23.31 7,889.00 129.00 8,753.78 378.00 56.45 1,428.35 97,553.89 $52,910.90 2,339,87 0.00 0.00 2,686.81 (5,000.00) 26.68 $52,937.58 9,289.42 588,396.96 695,240.27 CITY OF HUTCHINSON MUNICIPAL LIQUOR DISPENSARY SALES June 1994 using perpetual system LIQUOR WINE BEER MISCELLANEOUS QUANTITY DISCOUNTS TOTAL COST OF SALES OPERATING GROSS PROFIT EXPENSE SALARIES EMPLOYEE BENEFITS OPERATING SUPPLIES OFFICE SUPPLIES CLOTHING & PERSONAL EQUIPMENT LOGIS - COMPUTER OPERATIONS MAINTENANCE - SUPPLIES SMALL TOOLS DEPRECIATION COMMUNICA UTILITIES MAINTENANCE &ALARM PRINTING GENERAL LIABILITY INSURANCE TRAVEL, SCHOOL & CONFERENCES ADVERTISING DUES & SUBSCRITIONS RENTALS MISC. TOTAL OPERATING EXPENSE OPERATING INCOME OTHER - Revenues/ Expenses MISC. - Lottery Sale of Property Contributions & Donations INTEREST - INCOME INTEREST - EXPENSE TOTAL OTHER NET INCOME TRANSFER TO GENERAL FUND m &e COS exp pl 854,523.14 Cos 765,348.16 equip 78,376.98 cap equip 10,798.00 854,523.14 1,899.75 per month 1994 274,567.62 78,474.06 448,600.81 31,953.46 (4,987.18) 828,608.77 638,432.64 190,176.13 22.95% 53,691.20 11, 598.29 3,752.15 373.74 0.00 1,837.37 50.00 0.00 11, 398.50 607.33 5,777.33 4,969.60 96.80 9,953.25 129.00 9,599.16 378.00 56.45 5,147.35 119,415.52 $70,760.61 2,621.62 0.00 5000 2,903.15 (7,500.00) (1,925.23) $68,835.38 0.00 10, 798.00 716,809.62 847,023.14 CITY OF HUTCHINSON MUNICIPAL LIQUOR DISPENSARY SALES July 1994 using perpetual system LIQUOR WINE BEER MISCELLANEOUS QUANTITY DISCOUNTS TOTAL COST OF SALES OPERATING GROSS PROFIT EXPENSE SALARIES EMPLOYEE BENEFITS OPERATING SUPPLIES OFFICE SUPPLIES CLOTHING & PERSONAL EQUIPMENT LOGIS - COMPUTER OPERATIONS MAINTENANCE - SUPPLIES SMALL TOOLS DEPRECIATION COMMUNICA UTILITIES MAINTENANCE & ALARM PRINTING GENERAL LIABILITY INSURANCE TRAVEL, SCHOOL & CONFERENCES ADVERTISING DUES & SUBSCRITIONS RENTALS MISC. TOTAL OPERATING EXPENSE OPERATING INCOME OTHER - Revenues/ Expenses MISC. - Lottery Sale of Property Contributions & Donations INTEREST - INCOME INTEREST - EXPENSE TOTAL OTHER NET INCOME TRANSFER TO GENERAL FUND m &e COS exp pl 1, 055, 357.52 Cos 934,336.91 equip 90,153.59 PRIN 20,000.00 cap equip 10,867.10 1, 055, 357.60 1,899.75 per month 1994 328,237.21 93,822.49 551,65&30 40,780.10 (6,155.56) 1, 008, 342.54 777.364.67 230,977.87 22.91% 62.158.28 14,050.44 4,125.80 373.74 0.00 3,450.74 50.00 0.00 13.298.25 892.70 7,124.11 5,081.89 96.80 14,649.25 129.00 9,959.36 37800 56.45 5,147.35 141,022.16 $89,955.71 3,358.62 0.00 50.00 3,098.13 (15.950.00) (9,443.25) $80.512.46 7.98% CITY OF HUTCHINSON MUNICIPAL LIQUOR DISPENSARY SALES August 1994 using perpetual system LIQUOR WINE BEER MISCELLANEOUS QUANTITY DISCOUNTS TOTAL COST OF SALES OPERATING GROSS PROFIT EXPENSE SALARIES EMPLOYEE BENEFITS OPERATING SUPPLIES OFFICE SUPPLIES CLOTHING & PERSONAL EQUIPMENT LOGIS - COMPUTER OPERATIONS MAINTENANCE - SUPPLIES SMALLTOOLS DEPRECIATION COMMUNICA UTILITIES MAINTENANCE &ALARM PRINTING GENERAL LIABILITY INSURANCE TRAVEL, SCHOOL & CONFERENCES ADVERTISING DUES & SUBSCRITIONS RENTALS MISC. TOTAL OPERATING EXPENSE OPERATING INCOME OTHER - Revenues/ Expenses MISC. - Lottery Sale of Property Contributions & Donations INTEREST - INCOME INTEREST - EXPENSE TOTAL OTHER NET INCOME TRANSFER TO GENERAL FUND m &e COS exp pi 1,188,432.87 cos 1,080,043.74 equip 77,522.12 PRIN 20,000.00 cap equip 10,867.10 1,188,432.95 1,899.75 per month Mier 377,793.51 108, 790.57 643,329.73 48,558.23 (7,039.01) 171, 433.03 904, 991.14 266,441.89 22.74% 71, 419.75 16,075.59 4,490.72 373.74 0.00 3,450.74 50.00 0.00 15,379.00 1,003.64 8,305.40 5,619.98 96.80 15, 391.25 129.00 10,469.14 378.00 89.41 5,147.35 157,869.51 5108,572.38 3,133.95 0.00 210.00 2,743.12 (17,183 00) (11,095.93) $97,476.45 z� 8.32% CITY OF HUTCHINSON MUNICIPAL LIQUOR DISPENSARY SALES September 1994 using perpetual system LIQUOR WINE BEER MISCELLANEOUS QUANTITY DISCOUNTS TOTAL COST OF SALES GROSS PROFIT OPERATING EXPENSE SALARIES EMPLOYEE BENEFITS OPERATING SUPPLIES OFFICE SUPPLIES CLOTHING & PERSONAL EQUIPMENT LOGIS - COMPUTER OPERATIONS MAINTENANCE - SUPPLIES SMALL TOOLS DEPRECIATION COMMUNICA UTILITIES MAINTENANCE & ALARM PRINTING GENERAL LIABILITY INSURANCE TRAVEL, SCHOOL & CONFERENCES ADVERTISING DUES & SUBSCRITIONS RENTALS MISC. TOTAL OPERATING EXPENSE OPERATING INCOME OTHER - Re,:enues /Expenses MISC. - Lottery Sale of Property Contributions & Donations INTEREST - INCOME INTEREST- EXPENSE TOTAL OTHER NET INCOME TRANSFER TO GENERAL FUND m &e COS exp pl 1,326,361.58 cos 1,225,755.86 equip 69,738.71 PRIN 20,000.00 cap equip 10,867.10 1,326,361.66 1,899 75 per month 1994 431,605.98 123,000.76 730,628.41 55, 941.23 (8,835.12) 332,341.26 1, 028, 718.74 303,622.52 22.79% 80,168.41 18,038.53 4,744.87 403.73 0.00 4,531.54 50.00 0.00 17,459.75 1,130.45 9,505.31 6,615.44 96.80 19,080.25 129.00 10, 982.19 378.00 89.41 5,217.35 178,621.03 $125,001.49 2,903.09 0.00 210.00 2,998.28 (18,416.00) (12,304.63) $112,696.86 8.46% 0 CITY OF HUTCHINSON MUNICIPAL LIQUOR DISPENSARY SALES September 1994 using physical inventory of 10.13194 1994 LIQUOR 431,605.98 WINE 123,00036 BEER 730,628.41 MISCELLANEOUS 55,941.23 QUANTITY DISCOUNTS (8,835.12) TOTAL 1,332,34126 COST OF SALES 1,038,86315 GROSS PROFIT 293,478.11 OPERATING 22.03% EXPENSE SALARIES 80,168.41 EMPLOYEE BENEFITS 7.37% 18,038.53 OPERATING SUPPLIES 4,744.87 OFFICE SUPPLIES 403.73 CLOTHING a PERSONAL EQUIPMENT 000 LOGIS - COMPUTER OPERATIONS 4,531.54 MAINTENANCE - SUPPLIES 50.00 SMALL TOOLS 0.00 DEPRECIATION 17,459.75 COMMUNICA 1,130.45 UTILITIES 9,505.31 MAINTENANCE &ALARM , 6,615.44 PRINTING 9680 GENERAL LIABILITY INSURANCE 19,080.25 TRAVEL, SCHOOL & CONFERENCES 129.00 ADVERTISING 10,982.19 DUES & SUBSCRITIONS 378.00 RENTALS 8941 misc. 5, 217.35 TOTAL OPERATING EXPENSE 178,621.03 OPERATING INCOME $114,857.08 OTHER - Revenues/ Expenses MISC. - Lottery Sale of Property Contributions & Donations INTEREST - INCOME INTEREST - EXPENSE TOTAL OTHER NET INCOME TRANSFER TO GENERAL FUND m &e COS exp pl 1,326,361.58 Cos ERR equip ERR PRIN 20,000.00 cap equip 10,867.10 ERR t F 'yw�t Ail' .(1 <s:t 2,903.09 0.00 210.00 2,998.28 (18,416 00) (12,304.63) $102,552.45 7.70% 4� E • DEVELOPMENT AGREEMENT By and Between THE CITY OF HUTCHINSON AND AUGUSTA BUILDING CORPORATION This document was drafted by Public Resource Group, Inc. 4205 Lancaster Lane North Suite 1100 Minneapolis, MN 55441 �r DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the day of , 19 , by and between the City of Hutchinson, Minnesota (the "City "), a municipal corporation, and Augusta Building Corporation, a Wisconsin corporation, (the "Developer "), its successors and assigns. WITNESSETH: WHEREAS, pursuant to Minnesota Statutes, Sections 469.124 to 469.134, the City has formed Development District No. 1 (the "Development District "); and . u WHEREAS, pursuant to the provisions of Minnesota Statutes, Sections 469.174 through 469.179 as amended, (hereinafter the "Tax Increment Act "), the City has created a Tax Increment Financing District No. 8 (the "Tax Increment District "), and has adopted a tax increment financing plan (the "Tax Increment Plan ") and amended the development program for the Development District (the "Development Program ") to provide for the use of tax increment assistance in connection with development within the Tax Increment District; and WHEREAS, in order to achieve the objections of the Development is Program and particularly to make the land in the Development District available for development by private enterprise in conformance with the Development Program, the City has determined to assist the Developer with the financing of a portion of the costs of the Site Improvements on the Development Property (as defined herein) as more particularly set forth in this Agreement; and WHEREAS, the City believes that the development and construction of a certain Project (as defined herein), and fulfillment of this Agreement are vital and are in the best interests of the City and the health, safety, morals, and welfare of residents of the City, and in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted. WHEREAS, as a substantial inducement for the city entering into this Agreement the Developer has represented to the City that the Improvements (as defined herein) once available for occupancy will at all times during the term of the Agreement be operated in such a manner as to satisfy the income requirements of a qualified residential rental project as defined in Section 142(d) of the Internal Revenue Code of 1986, as amended, subject to the • modifications to such requirement provided in Minnesota Statutes, Section 469.1761, and in such a manner that the Tax Increment Financing District (as herein defined) constitutes a "qualified housing district" under Minnesota Statutes, Section 273.1399, subdivision 1(d). • NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I DEFINITIONS Section 1.1. Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement, as the same may be from time to time modified, amended, or supplemented; Assessment Agreement means the agreement, substantially in the form of the agreement contained in Exhibit A attached hereto and hereby made a part of this Agreement, among the Developer, the City, and the Assessor for the County, entered into pursuant to Article VII of this Agreement; Assessor's Minimum Market Value means the agreed minimum • market value of the Development Property for calculation of real property taxes as determined by the Assessor for the County pursuant to the Assessment Agreement; City means the City of Hutchinson, Minnesota; Code means the Internal Revenue Code of 1986, as amended; Completion Date means June 30, 1995; Construction Plans means the plans, specifications, drawings and related documents of the construction work to be performed by the Developer on the Project; the plans (a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City, and (b) shall include at least the following: (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) landscape plan; and (8) fire alarms, smoke detectors, and water sprinkler systems; County means McLeod County, Minnesota; Developer means Augusta Building Corporation, its successors and assigns, including, but not limited to Norwest Bank Minnesota • Central, National Association, and Crow River Apartments, L.P. its successors and assigns; Development District means the real property described in the Development Program; Development Program means the development program approved in connection with the Development District; 0 Development Property means the real property legally described in Exhibit A of this Agreement; Event of Default means any of the events described in Section 6.1; HRA means the Hutchinson Housing and Redevelopment Authority; Improvements means the 56 -unit townhome facility to be located on the Development Property; Net Proceeds means any proceeds paid by an insurer to the Developer or the City under a policy or policies of insurance required to be provided and maintained by the Developer pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds; Permanent Mortgage means mortgage secured after completion date from a financial institution, including but not limited to, Norwest Bank Minnesota, National Association; Proiect means the construction of a 56 -unit townhome facility by the Augusta Building Corporation; Site Improvements means the soil, site preparation, parking lots, curb and gutter, lighting, utilities, landscaping, and demolition expenses for the Project; State means the State of Minnesota; Tax Increments means the tax increments derived from the Development Property and received and retained by the City and computed in accordance with the provisions of Minnesota Statutes Section 469.177; Tax Increment Act means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 through 469.179, as amended; Tax Increment District means the Tax Increment Financing District number 8 of the City established pursuant to the Tax Increment Financing Plan; Tax Increment Financing Plan means the plan approved for the Tax Increment District. • ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1. Representations and Warranties of the City. The City makes the following representations and warranties: (1) The City is a municipal corporation and has the power to enter into this Agreement and carry out its obligations hereunder. (2) The Tax Increment District was created, adopted, and approved in accordance with the terms of the Tax Increment Act. (3) The development contemplated by this Agreement is in conformance with the development objectives set forth in the Development Program. Section 2.2. Representations and Warranties or the Developer. The Developer makes the following representations and warranties: (1) The Developer has power to enter into this Agreement and to perform its obligations hereunder and is not in violation of the laws of the State. • (2) The Developer will cause the Project to be constructed in accordance with the terms of this Agreement, the Development Program, and all local, state, and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations). (3) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions, or provision of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (4) The Developer will cooperate fully with the City with respect to any litigation commenced with respect to the Project. (5) The Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety prob' which may arise in connection with the operation of the Improvements. (6) The Minimum Improvements will be constructed at a cost of approximately $2,710,000 (which figure includes the costs to the Developer of real and personal property). The Developer will spend enough in construction of the Minimum Improvements, when combined with the value of the Development Property and related site improvements, to generate the Assessor's Minimum Market Value set forth in Section 7.1 of this Agreement. (7) The Developer has not received any notice from any local, • state, or federal official that the activities of the Developer or the City with respect to the Development Property may or will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has been notified). The Developer is not aware of any state or federal claim filed or planned to be filed by any party relating to any violation of any local, state, or federal environmental law, regulation or review procedure, and the Developer is not aware of any violation of any local, state, or federal law, regulation or review procedure which would give any person a valid claim under the Minnesota Environmental Rights Act or other state or federal environmental statute. (8) The Developer would not undertake the Project without the financing provided by the City pursuant to this Agreement. (9) The Project will be substantially completed by June 30, 1995. (10) The Developer estimates that the Assessor's Minimum Market Value set forth in Section 7.1 of this Agreement is a reasonable estimate of the annual market value for ad valorem tax purposes. 0 1) The Developer represents that the Improvements once • available for occupancy will at all times during the term of this Agreement be operated in such a manner as to satisfy the income requirements for a qualified residential rental property, as defined in Section 142(d) of the Code, subject to the modifications to such requirement provided in Minnesota Statutes, Section 469.1761, and in such a manner that the Tax Increment District will at all times during its existence constitute a "qualified housing district" under Minnesota Statutes, Section 273.1399, subdivision 1(d). 0 ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY Section 3.1. Statement of Intent. It is the intent of the parties that the assistance to be provided by the City be in the nature of a reimbursement to the Developer for a portion of the costs related to Site Improvements. This reimbursement, as detailed in Section 3.2 shall total $291,141,plus simple interest at the rate of 10.81% per annum from the date of completion of the Project. Section 3.2 Reimbursement of Site Improvement Costs; Methods of Payment. (1) The sole source of funds from which the City is obligated to reimburse the Developer for a portion of the costs of the Development Property and Site Improvements is limited to Tax Increments, and nothing herein shall be construed to obligate the City to use any of its general funds or other municipal funds to reimburse the Developer for such costs. (2) Provided that the Developer is in full compliance with its obligations under Section 3.4 hereof and no Event of Default shall have occurred and be continuing hereunder, the City shall reimburse the Developer $291,141 plus simple interest at the rate of 10.81% per annum from the date of completion of the Project. These reimbursements are for the Site Improvement, payable from Tax Increments in the following manner: If the Tax Increments as received and retained by the City on an annual basis for the years 1996 through and including 2017 are $44,000 or greater, the City shall pay the Developer on February 1 in the years 1996 through 2017 an amount equal to not more than $40,000 each year, as set forth in Exhibit B. Should the increment received by the City be less than $44,000, the City's annual payment to the Developer shall be reduced by the same percentage that the City's increment is reduced from $44,000. The developer shall not receive total payments from the City in excess of eligible costs of $291,141, plus simple interest at the rate of 10.81% per annum from the date of completion of the Project. If, in any case, the increment received by the City is less than $20,000, the developer will not receive any site cost <imbursement. The City shall receive a minimum of 10% of the gross increment for administrative purposes. • At no time shall the Developer receive reimbursement that would generate a net income before debt service that is greater than 130% of the original total permanent mortgage debt service. Section 3.3. Use of Tax Increments. The City shall be free to use the Tax Increments, other than those to which the Developer . is entitled pursuant to the provisions of Section 3.2 hereof, for any purpose for which the Tax Increments may lawfully be used pursuant to applicable provisions of Minnesota law. Section 3.4. Qualification of Tax Increment District as Housing District and Qualified Housing District. For the purpose of satisfying the requirements of Section 469.1761, subdivision 3, with respect to the occupancy of the Improvements, and qualifying the Tax Increment District as a "qualified housing district" under Minnesota Statutes, Section 273.1399, subdivision 1(d), the Developer represents, covenants and agrees as follows: (1) Once any of the Improvements are available for occupancy the Developer will at all times during the term of this agreement operate the Improvements in a manner such that the occupancy of the Improvements complies with the requirements of Minnesota Statutes, Section 469.1761, subdivision 3. (2) The Developer will obtain and maintain on file a current income certification from each lower- income tenant residing in the Improvements and such other certification as may be requested by the City or as may be required by applicable rules, rulings, procedures, official statements, regulations or policies now or hereafter promulgated or proposed by the Department of the Treasury or the Internal Revenue Service with respect to qualified residential rental projects as defined in Section 142(d) of the Code. (3) The Grantee will permit, upon not less than 24 hours' notice and during regular business hours, any duly authorized representative of the City or the HRA to inspect the books and records of the Developer pertaining to the incomes of lower- income tenants residing in the Improvement. (4) The Developer will prepare and submit to the HRA on January 31 of each year during the term of this Agreement a certificate executed by the Developer stating the percentage of dwelling units of the Improvement which were occupied by lower - income tenants at all times during the 12 -month period preceding the date of such certificate. (5) For purposes of monitoring the compliance by the Developer wit the requirements of this Section 3.4, the Developer agrees to pay to the HRA an administrative fee of $10.00 per low - income unit on each January 31. • ARTICLE IV CONSTRUCTION OF MINIMUM IMPROVEMENTS Section 4.1. Construction of Minimum Improvements. The Developer agrees that it will cause the Minimum Improvements to be constructed on the Development Property in conformance with the approved Construction Plans. The Developer agrees that the scope and scale of the Minimum Improvements to be constructed shall not be significantly less than the scope and scale of the Minimum Improvements as detailed and outlined in the Construction Plans. Section 4.2. Construction Plans. The Developer shall cause Construction Plans to be provided to the City which shall be subject to approval by the City as provided in this Section 4.2. The Construction Plans shall provide for the Minimum Improvements to be constructed on the Development Property, and shall be in conformity with the Development Program, this Agreement, and all applicable state and local laws and regulations. The City shall approve the Construction Plans in writing if: (a) the Construction . Plans conform to the terms and conditions of this Agreement; (b) the Construction Plans conform to the terms and conditions of the Development Program; (C) to the best of the City's knowledge, the Construction Plans conform to all applicable federal, state, and local laws, ordinances, rules and regulations, and City permit requirements; (d) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements; and (e) no Event of Default under the terms of this Agreement has occurred; provided however, that any such approval of the Construction Plan pursuant to this Section 4.2 shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning, or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for, the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the insurance of a building permit. The site plan submitted for the Development Property by the Developer to the building inspector of the City shall be adequate to serve as the Construction Plans, if such site plan fulfills the requirements of this Section 4.2 and is approved by the building inspector. • The Construction Plans must be rejected in writing by the City • within a reasonable period of time, not to exceed 45 days. If the City rejects the Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within thirty (30) days after receipt by the Developer of written notification of the rejection, accompanied by a written statement of the City specifying the respects in which the Construction Plans submitted by the Developer fail to conform to the requirements of this Section 4.2. The provisions of this Section 4.2 relating to approval, rejection, and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City; provided, however, that in any event the Developer shall submit Construction Plans which are approved prior to commencement of construction of the Minimum Improvements. Approval of the Construction Plans by the City shall not relieve the Developer of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state, and local laws, ordinances and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of Default. If the Developer desires to make any material change in the Construction Plans after their approval by the City, the Developer shall submit the proposed change to the City for its approval. If the Construction Plans, as modified by the proposed change, conform to the approval criteria listed in this Section 4.2 with respect to • the original Construction Plans and do not constitute a material modification to the scope, size, or use of the Project or to the site plan therefor, the City shall approve the proposed change. Such change in the Construction Plans shall be deemed approved by the City unless rejected in writing within a reasonable period of time by the City with a statement of the City's reasons for such rejection. Approval of Construction Plans hereunder is solely for purposes of this Agreement, and shall not constitute approval for any other City purpose nor subject the City to any liability for the project as constructed. Section 4.3. Commencement and Completion of Construction. The Developer shall cause construction of the Minimum Improvements to be commenced by December 1, 1994. Subject to Unavoidable Delays, the Developer shall have substantially completed the Minimum Improvements by June 30, 1995. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Development Property shall be in conformity with the Construction Plans as submitted by the Developer and approved by the City. The Developer agrees that it shall permit designated • representatives of the City to enter upon the Development Property during the construction of the Minimum Improvements to inspect such construction. SARTICLE V INSURANCE AND CONDEMNATION Section 5.1. Insurance. (1) The Developer will provide and maintain or cause to be maintained at all times during the process of constructing the Minimum Improvements (an, from time to time at the request of the City, furnish the City with proof of payment of premiums on): (A) Builder's risk insurance, written on the so- called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100 %) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so- called "all risk" form of policy; the interest of the City shall be protected in accordance with a clause in form and content satisfactory to the City; (B) Comprehensive general liability insurance (including operations, contingent liability, operations of • subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $500,000 for each occurrence (to accomplish the above - required limits, an umbrella excess liability policy may be used); and (C) Worker's compensation insurance, with statutory coverage. (2) Upon completion of construction of the Minimum Improvements and prior to the Termination Date, the Developer shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of the City shall furnish proof of the payment of premiums on) insurance as follows: (A) Insurance against loss and /or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, explosion, water damage, demolition cost, debris removal, and 7llapse in an amount not less than the full insurable replacement value of the Minimum improvements, but any such policy may have a deductible amount of not more than $50,000. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co- insurance provisions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" shall mean the actual replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains, and other uninsurable items) and equipment, and shall be determined from time to time at the request of the City, but not more frequently than once every three years, by an insurance consultant or insurer selected and paid for by the Developer and approved by the City. All policies evidencing insurance required by this subparagraph (A) with respect to the Minimum Improvements shall be carried in the names of the Developer, the City, and the holder of the First Mortgage, as their respective interests may appear. (B) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and /or property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the Development Property, in the minimum amount for each occurrence and for each year of $1,000,000, and shall be endorsed to show the City as an additional insured. (C) Such other insurance, including worker's compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self- insured with respect to all or any part of its liability for worker's compensation. . (3) All insurance required by this Article V shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State to assume the risks covered thereby. The Developer will deposit annually with the City copies of policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the Developer and the City at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Developer shall furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, the Developer may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which even the Developer shall deposit with the City respective insurers as to the amount of coverage in force upon the Minimum Improvements. 0 (4) The Developer agrees to notify the City immediately in the case of damage exceeding $50,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In the event that any such damage does not exceed $100,000, Net Proceeds of any such insurance shall be paid directly to the Developer, and the Developer will forthwith repair, reconstruct, and restore the Minimum Improvements to substantially the same or an improved condition or value as they existed prior to the extent causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. Net proceeds of any insurance relating to damage or destruction to the Minimum Improvements or any portion thereof as a result of fire or other casualty in an amount estimated to equal or exceed $100,000 shall be payable to a trustee jointly agreed upon by the Developer, the City, and the holder of the first Mortgage (or in such other manner as may be agreeable to the City, Developer, and holder) and shall be subject to such disbursement provisions as shall be jointly agreed by the City, the Developer, and the holder of the First Mortgage. In the even the Minimum • Improvements or any portion thereof are destroyed by fire or other casualty and the damage or destruction is estimated to equal or exceed $50,000, then the Developer shall within ninety (90) days after such damage or destruction, commence to repair, reconstruct, and restore the damaged Minimum Improvements to substantially the same or improved condition or utility value as they existed prior to the even causing such damage or destruction and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage or destruction received by the Developer from the City to the payment or reimbursement of the costs thereof. (5) The Developer shall complete the repair, reconstruction, and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Developer for such purposes are sufficient. After completion of such repairs, construction and restoration shall be disbursed by the City to the Developer. Section 5.2. Condemnation. In the event that title to and possession of the Minimum Improvements or any other material part thereof shall be taken in condemnation or by the exercise of the power of eminent domain by any governmental body or other person (except the City), so long as the Assessment Agreement shall remain in effect, the Developer shall, with reasonable promptness after such taking, notify the City as to the nature and extent of such taking. Section 5.3. Reconstruction or Payment. Upon receipt of any Condemnation Award or property insurance proceeds, the Developer shall use the entire Condemnation Award to reconstruct the Minimum Improvements (or, in the event only a part of Minimum Improvements has been taken, then to reconstruct such part) upon the Development Property or elsewhere within the Tax Increment District; provided, however, that the Developer may instead elect to pay the City out of the Condemnation Award or property insurance proceeds, if an to the extent any such Condemnation Award or property insurance proceeds are sufficient for such purpose and not in excess of the limitation of amounts the City may accept under Section 3.2 of this Agreement, either: (1) the present value of the sum of the real property taxes which would have been assessed upon the Development Property and the Minimum Improvements between the date of such condemnation and the Termination Date, such calculation to be based upon (A) the Assessor's Minimum Market Value specified in the Assessment Agreement, and (B) the then - effective tax capacity rate upon the date of such condemnation, such sum to be discounted to present value based upon (A) or receipt of said property insurance proceeds the number of years between the date of such condemnation and the Termination Date, and (B) the average interest rate on the Bonds, or (2) a sum sufficient to retire the Bonds immediately, including any interest due. ARTICLE VI • EVENTS OF DEFAULT Section 6.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean whenever it is used in this Agreement any one or more of the following events: (1) Failure by the Developer to timely pay all ad valorem real property taxes assessed with respect to the Development Property. (2) Failure by the Developer to cause the construction of the Project to be completed pursuant to the material terms, conditions, and limitations of this Agreement. (3) Failure of the Developer to observe or perform any other material covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement. (4) The holder of any mortgage on the Development Property or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable mortgage documents. S(5) Failure by the Developer to cause the Minimum Improvements to be reconstructed when required pursuant to Article V of this Agreement. (6) If the Developer shall: (A) File any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 178, as amended or under any similar federal or state law; or (B) Admit in writing its inability to pay its debts generally as they become due; or (C) Be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer, as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or a receiver, trustee, or liquidator of the Developer, or of the Project, or part thereof, shall be appointed in any proceeding brought . against the Developer, and shall not be discharged within sixty (60) days after such appointment, or if the Developer shall consent to or acquiesce in such appointment. (7) If the Tax Increment District should at any time not constitute a "qualified housing district" under Minnesota Statutes, Section 273.1399, subdivision 1(d), or if for any reason the City shall be subject to the loss of any state aid as a result of the existence of the Tax Increment District. Section 6.2. Remedies on Default. Whenever any Event of Default referred to in Section 6.1 occurs and is continuing, the City, as specified below, may take any one or more of the following actions after the giving of thirty (30) days, written notice to the Developer, but only if the Event of Default has not been cured within said thirty (30) days or the Developer has failed to institute actions within said 30 -day period, reasonably calculated to cure the default within said time period. If it is impossible to cure the default within the 30 days, the Developer shall have 90 days to cure the default if there is acceptable plan for remedy. (1) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure his default and continue its performance under this Agreement. (2) The City may cancel and rescind the Agreement. (3) The City may take any action, including legal or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. 0 (4) The City may draw upon any guarantee or security provided to the City pursuant to any of the terms of this Agreement according to its terms. Section 6.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 6.4. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous, or subsequent breach hereunder. • Section 6.5. Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. C l 0 Section 6.6. Indemnification of City. (1) The Developer releases from and covenants and agrees that the City, its governing body members, officers, agents, including the independent contractors consultants, and legal counsel, servants, and employees thereof (hereinafter for purposes of this Section, collectively the "Indemnified Parties ") shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from the Project. (2) Except for any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the actions or inactions of the Developer (or if other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Project; provided, that this indemnification shall not apply • to the warranties made or obligations undertaken by the City in this Agreement. (3) All covenants, stipulations, promises, agreements, and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and obligations of the City and not of any governing body member, officer, agent, servant, or employee of the City. Section 6.7. Recapture of Delinquent Increment, rees, Penalties, Interest. In the event that delinquent taxes are recaptured upon subsequent sale of the development property, The City shall be deemed eligible to recapture its portion of the delinquent tax increment, including but not limited to, any fees, penalties, and interest assessed and accrued thereon. • ARTICLE VII ASSESSMENT AGREEMENT AND OTHER COVENANTS Section 7.1. Execution of Assessment Agreement. The Developer shall agree to, and with the City shall execute, along with the Development Agreement, and Assessment Agreement pursuant to the provisions of Minnesota Statutes, Section 469.177, Subdivision 8, specifying the Assessor's Minimum Market Value for the Development Property and the Minimum Improvements for calculation of real property taxes. Specifically, the Developer shall agree to a market value for the Development Property and the Minimum Improvements an amount not less than $1,400,000 yearly until the Termination Date (as hereinafter defined) (such minimum market value is herein referred to as the "Assessor's Minimum Market Value "). Nothing in the Assessment Agreement shall limit the discretion of the assessor to assign a market value to the property in excess of such Assessor's Minimum Market Value nor prohibit the Developer from seeking through the exercise of legal or administrative remedies a reduction in such market value for property tax purposes, provided however, that the Developer shall not seek a reduction of such market value below the Assessor's Minimum Market Value in any year so long as the Assessment Agreement shall remain in effect. The Assessment Agreement shall remain in effect until 2017 (the "Termination Date "). The • Assessment Agreement shall be certified by the Assessor for the County as provided in Minnesota Statutes, Section 469.177, Subdivision 8, upon a finding by the Assessor that the Assessor's Minimum Market Value represents a reasonable estimate based upon the plans and specifications for the Minimum Improvements to be constructed on the Development Property and the market value previously assigned to the Development Property. Pursuant to Minnesota Statutes, Section 469.177, Subdivision 8, the Assessment Agreement shall be filed for record in the office of the county recorder or registrar of titles of McLeod County, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Development Property (or part thereof), whether voluntary or involuntary, and such Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the holder of the First Mortgage. The City shall notify the Assessor upon completion of any building in the Project. Section 7.2. Real Property Taxes. The Developer shall pay all real property taxes payable with respect to all and any parts of the Development Property acquired and owned by it and pursuant to the provisions of the Assessment Agreement and any other statutory or contractual duty that shall accrue subsequent to the date of its acquisition of title to the Development Property (or part thereof) and until the Developers obligations have been assumed by any other person pursuant to the provisions of this Agreement or title to the property is vested in another person. The Developer agrees that prior to the Termination Date: (a) It will not seek administrative review or judicial • review of the applicability or constitutionality of any tax statute relating to the taxation of real property contained on the Development Property, at or less than the minimum assessment valuation of $1,400,000, determined by any tax official to be applicable to the Project or the Developer or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; provided, however, that "tax statute" does not include any local ordinance or resolution levying a tax; and (b) It will not seek any tax deferral or abatement, either presently or prospectively authorized under Minnesota Statutes, Section 469.181, or any other State or federal law, of the taxation of real property contained in the Development Property, at or less than the minimum assessment valuation of $1,400,000, between the date of execution of this Agreement and the Termination Date. 0 ARTICLE VIII ADDITIONAL PROVISIONS Section 8.1. Restrictions on Use. The Developer agrees for itself, its successors, and assigns and every successor in interest to the Development Property, or any part thereof, that the Developer and such successors and assigns shall devote the Development Property to, and in accordance with, the uses specified in this Agreement. Section 8.2. Conflicts of Interest. No member of the governing body or other official of the City shall have any financial interest, direct or indirect, in this Agreement, the Development Property or the Project, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the City in the event of any default or breach by the Developer or successor or on any obligations under the terms of this Agreement. • Section 8.3. Titles of Articles and Sections. Any titles of the several parts, articles, and sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 8.4. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if its is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and 0 ) In the case of the Developer, is addressed to or delivered personally to: Augusta Building Corporation P.O. Box 367 Augusta, WI 54722 -0367 0 • (2) In the case of the City, is addressed to or delivered personally to the City at: City of Hutchinson 1111 Hassan Street Southeast Hutchinson, MN 55350 or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. 11 • Section 8.5. Counterparts. any number of counterparts, each the same instrument. Section 8.6. Law Governing. and construed in accordance with This Agreement may be executed in of which shall constitute one and This Agreement will be governed the laws of the State. Section 8.7. Sale of Property. Any subsequent re -sale of development property, or a portion thereof, shall cause developer to reimburse to the City any TIF proceeds that have been received on that portion on a pro -rata basis from its Pay -go receipts, or reduce its collection of Pay-go until this pro -rata obligation has been satisfied. This Development Agreement shall be fully transferrable and enforceable upon the Development Property and subsequent owner(s) until the Maturity Date, 23 years from the acceptance date of this Agreement, of the Development District. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and on its behalf and its seal to be hereunto duly affixed, and the Developer has caused this Agreement to be duly executed in his name and on his behalf, on or as of the date first above written. CITY OF HUTCHINSON ED M Its Mayor Its City Administrator This is a signature page to the Development Agreement dated as of 19 , by and between the City of Hutchinson and Augusta Building Corporation. • n 0 CJ • AUGUSTA BUILDING CORPORATION By M This is a signature page to the Hutchinson and Augusta 19 Building Development _ by and Corporation. Agreement dated as of between the City of STATE OF MINNESOTA ) ): ss COUNTY OF MCLEOD ) The foregoing instrument was acknowledged before me this day of 19 , by and , the Mayor and the City Administrator, respectively, of the City of Hutchinson, Minnesota, a municipal corporation, on behalf of the City. Notary Public 0 • 0 STATE OF MINNESOTA ) ): ss COUNTY OF MCLEOD ) The foregoing instrument was acknowledged before me this _ day of , 19 , by and the of Augusta Building Corporation, a Wisconsin Corporation, on behalf of the Developer. Notary Public 11 0 EXHIBIT A LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY That Property described as follows: S6301OF THE NW 1/4 OF THE NE 1/4 OF SECTION 12- 116 -30 0 L • EXHIBIT B ESTIMATED REPAYMENT SCHEDULE /INCREMENT SHARING • 0 ATTACHMENT I CALCULATION OF INCREMENT C-1 • ATTACHMENT II CALCULATION OF ESTIMATED NET PRESENT VALUE 0 ATTACHMENT III PUBLIC IMPROVEMENT SCHEDULE 0 • ARTICLE VI BONDS AND DEVELOPER PAYMENTS Section 6.1. Issuance of Bonds. The City agrees to exercise its best efforts to take all steps necessary to issue the Bonds in an amount sufficient to finance the City's obligations to the Developer hereunder, including the Land Write Down. The obligation of the City to issue the Bonds shall be subject to the limitations provided in Section 6.2 of this Agreement. Section 6.2. Guaranty of Tax Increment Shortfall. The parties reasonably expect that the annual Tax Increments to be derived from the Development Property in any calendar year after 1993 and prior to the Maturity Date will exceed the minimum amount needed to pay when due all principal and interest maturing in that year on that portion of the Tax Increment Bonds issued in connection with the Project. The Developer agrees that if for any reason such Tax Increments in any calendar year are less than $44,000, then the Developer shall pay, upon demand by the City, to the City the difference between the Tax Increment actually derived and $44,000. Section 6.3. Developer Payment. The Developer acknowledges that the development and operation of the Project will require expenditures to be made by the City from its general funds to provide certain public services to the project, including police and fire protection, traffic regulation, and the maintenance of streets and water, sewer and other utility services. 0 ASSESSMENT AGREEMENT • THIS AGREEMENT is dated as of the day of , 1994, and is between the City of Hutchinson, Minnesota, a municipal corporation organized under the laws of the State of Minnesota (the City), and Augusta Building Corporation, its successors and /or its assigns, a Wisconsin Corporation (the Developer); IN CONSIDERATION OF the mutual covenants and benefits herein described, the City and the Developer recite and agree as follows: Section 1. Recitals. 1.01. Designation of Development District and Adoption of Development Program. The City has designated a development district in the City denominated Development District No. 8 (the Development Program) pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134 (the Act). 1.02. Creation of the District. The City has established a tax increment financing district designated as Tax Increment Financing District No. 8 (the District) within the Development District and authorized the financing of the Development Program pursuant to a Tax Increment Financing Plan (the "Tax Increment Plan ") pursuant to and in accordance with Minnesota Statutes, Sections 469.174 though 469.179 (the Tax Increment Financing Act). 1.03. Implementation. The City Council of the City has authorized and directed the officers of the City to take all actions necessary to implement and carry out the Development Program, subject only to such approval by the City Council as may be required by the Act. The Development Program proposes that the City reimburse the Developer from Tax Increment derived from the District to the extent the Tax Increment is sufficient for reimbursement of the Developer's up -front site costs. 1.04. Improvement of Property. The City has determined that it is necessary, in order to accomplish the purposes specified in and to carry out the Development Program,l for the Developer to finance the cost of acquisition and preparation for development of certain property located in McLeod County, Minnesota, described in Exhibit A hereto (the Land) and for other costs incurred by them in the development of the Land. 1.05. Development Agreement. The City and the Developer have entered into a Development Agreement, dated , 1994 (the Development Agreement), which proves that the Developer will improve the Land by the construction of a rental housing facility thereon (the Facilities). The Development Agreement provides that upon the execution and delivery of the Development Agreement, the • City and Developer are to enter into this Assessment Agreement. Section 2. Minimum Market Value. 2.01. Agreed Upon Minimums. The Developer agrees that the • minimum market value of the Land and the completed Facilities for ad valorem tax purposes, commencing with the assessment made as of January 2, 1996, shall be $1,400,00 and shall not be reduced by any action taken by the Developer (other than a deed in lieu of, or under threat of, condemnation by the City or other condemning authority), to less than the said amount of $1,400,00, and that during said period no reduction of the market value therefor below said minimum market value shall be sought by the Developer or granted by any public official or Court except in accordance with Minnesota Statutes, Section 469.177, subdivision 8. This minimum market value shall apply only to the Land and Facilities situated on the Land. In event of involuntary conversion of the Land for any reason, the minimum market value shall not be reduced to an amount less than $1,400,000. 2.02. Higher Market Value. Nothing in this Assessment Agreement shall limit the discretion of the County Assessor of McLeod County, acting as assessor for the City of Hutchinson (the Assessor) or any other public official or body having the duty to determine the market value of the Land and the Facilities for ad valorem tax purposes, to assign to the Land and the Facilities, or to any other improvements constructed on the Land or on the premises described in Exhibit A, on a nondiscriminatory basis and treated fairly and equally with all other property so classified in McLeod County, a market value in excess of the minimum market value specified in Section 2.01. The Developer shall have the normal remedies available under the law to contest any estimated assessors estimated value in excess of $1,400,000 or as increased annually, as provided above. 2.03. Substantial Completion. For purposes of this Assessment Agreement and the determination of the market value of the Land and the completed Facilities for ad valorem tax purposes, the Developer agrees that the Facilities shall be deemed to be completed in accordance with the Development Agreement as of June 30, 1995, whether in fact completed or not. Section 3. Filing and Certification. 3.01. Assessor Certification. The City shall present this Assessment Agreement to the Assessor and request him to execute the certification of the Assessor contained hereon. The Developer shall provide to the Assessor all information relating to the Land and the Facilities requested by him for the purposes of discharging his duties wit respect to the certification. • • 3.02. Filing. Prior to the recording of any mortgage, security agreement or other instrument creating a lien on the Land and in any event not less than 30 days after the execution of this Assessment Agreement, the Developer shall cause this Assessment Agreement to be recorded in the office of the County Recorder of McLeod County, or with the Registrar of Titles, McLeod County, Minnesota, if the title to the Land is registered. Section 4. Relation to Development Agreement. The covenants and agreements made by the Developer in this Assessment Agreement are separate from and in addition to the covenants and agreements made by the Developer in the Development Agreement; nothing contained herein shall in any way alter, diminish, or supersede the duties and obligations of the Developer under the Development Agreement. Section 5. Miscellaneous'Provisions. 5.01. Binding Effect. This Assessment Agreement shall inure to the benefit of and shall be binding upon the City and the Developer and their respective successors and assigns, and upon all subsequent owners of the Land and the Facilities. 5.02. Severability. In the event any provision of this Assessment Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 5.03. Amendments Changes and Modifications. Except as provided in Section 5.04, this Assessment Agreement may be amended or any of its terms modified only by written amendment authorized and executed by the City and the Developer. 5.04. Further Assurances and Corrective Instruments. The City and the Developer agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged or delivered, such supplements hereto and such further instrument as may reasonably be required for correcting any inadequate or incorrect description of the Land or the Facilities, or carrying out the expressed intention of this Assessment Agreement. 5.05. Execution Counterparts. This Assessment Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 5.06. Applicable Law. This Assessment Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 0 5.07. Captions. The captions or headings in this Assessment Agreement are for convenience only and in no way define, . limit or describe the scope or intent of any provisions or Sections of this Assessment Agreement. 5.08. Effective Date. This Assessment Agreement shall be effective as of 1994. 5.09. Termination Date. This Assessment Agreement shall terminate upon the termination of the District in accordance with Minnesota Statutes, Section 469.176, subdivision 1. 9 A IN WITNESS WHEREOF, the City has caused this Assessment Agreement to be executed in its corporate name by its duly authorized officers; and the Developer has caused this Assessment Agreement to be executed in its corporate name by its duly authorized officer. THE CITY OF HUTCHINSON, MINNESOTA Mayor Attest City Administrator AUGUSTA BUILDING CORPORATION Lm 0 • STATE OF MINNESOTA ) )ss. COUNTY OF MCLEOD ) The foregoing instrument was acknowledged before me this day of , 1994, by the Mayor, and , the City Administrator for the City of Hutchinson, Minnesota, a municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF MCLEOD ) The foregoing instrument was acknowledged before me this day of , 1994, by , the of Augusta Building Corporation, a Wisconsin Corporation, on behalf of the corporation. Notary Public ASSESSOR'S CERTIFICATION The undersigned assessor, being legally responsible for the assessment of the above - described property, certifies that the market value assigned to the land and improvements are reasonable. Prior to making this certification, the undersigned assessor has undertaken the review required by Minnesota Statutes, Section 469.177, subdivision 8. Dated: County Assessor McLeod, Minnesota A: \BS_Agree 17J • • C� TO THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: Hutchinson, Minnesota Dated: 11.22 -1994 I, the owner of real property located at 1020 Hwy 22 South in the City of Hutchinson, MN, hereby petition that property be improved by construction of watermain, sanitary sewer, services and appurtenances, pursuant to Minnesota Statutes, Chapter 429. OWNERS SIGNATURE DESCRIPTION OF PROPERTY 1020 Hwy 22 South City PID #06- 116- 29 -15- 0180 /County PID #23.205.0140 Lot 14 Lot G Subdivision B & G Cartage & Warehouse, 1504 Greeley Ave, Glencoe MN 55336 By: (Please Print) Its: • (Title) I have caused an examination to be made of the records provided by the County of McLeod, in order to ascertain the names and addresses of each person, firm or corporation having an interest in each lot, tract or parcel for which improvement is requested and against which a special assessment will be made for the entire cost of the improvement. After making search and inquiry, I am unable to find any other persons, firms or corporation who have interest other than those listed. To my best knowledge, the persons herein named are all the owners of properties affected by the petitioned improvement. CITY OF HUTCHINSON Gary D. Plotz Dated: 11 -22 -1994 Title: City Administrator C� io-4r3 AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL This Agreement, is made this 22nd day of November, 1994, between the City of Hutchinson, State of Minnesota, hereinafter referred to as the City and B & G Cartage & Warehouse of McLeod County, State of Minnesota, hereinafter referred to as Owner. In consideration of the action of the City Council, at the owner's request, to cause the improvement of 1020 Hwy 22 South (City PID # 06- 116 -29 -15 -0180 /County PID # 23.205.0140) by construction of watermain, sanitary sewer, services and appurtenances, and to assess 100% of the cost of said improvements to the Owner, the Owner agrees to pay said percentage, as may be determined by the Council of the City to be a fair apportionment of the costs of said improvement not to exceed $5,000.00, plus accrued interest, over a period ten years. Owner expressly waives objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with all rights to appeal in the courts. In testimony, whereof, B & G Cartage & Warehouse, has hereunto set his hand, the day and year first above written. Owner: B & G Cartage & Warehouse By: • (Please print) Its: (Title) Mayor, Marlin Torgerson • In Presence of: Print Name: CITY OF HUTCHINSON City Administrator, Gary D. Plotz PETITION FOR LOCAL IMPROVEMENT BY 100% OF PROPERTY OWNERS Hutchinson, Minnesota Dated: 11-22-1994 TO THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: I, the owner of real property located at 1020 Hwy 7 West in the City of Hutchinson, MN, hereby petition that property be improved by construction of watermain, sanitary sewer, services and appurtenances, pursuant to Minnesota Statutes, Chapter 429. OWNERS SIGNATURE DESCRIPTION OF PROPERTY 1020 Hwy 7 West City PID #36- 117 -30 -15 -0020 /County PID #23.036.4200 2.8 Acres in SW 1/4 SE 1/4 Section 36-117 -30 Steve Wadsworth • I have caused an examination to be made of the records provided by the County of McLeod, in order to ascertain the names and addresses of each person, firm or corporation having an interest in each lot, tract or parcel for which improvement is requested and against which a special assessment will be made for the entire cost of the improvement. After making search and inquiry, I am unable to find any other persons, firms or corporation who have interest other than those listed. To my best knowledge, the persons herein named are all the owners of properties affected by the petitioned improvement. Dated: 11 -22 -1994 40 CITY OF HUTCHINSON Gary D. Plotz Title: City Administrator . AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL This Agreement, is made this 22nd day of November, 1994, between the City of Hutchinson, State of Minnesota, hereinafter referred to as the City and Steve Wadsworth of McLeod County, State of Minnesota, hereinafter referred to as Owner. In consideration of the action of the City Council, at the owner's request, to cause the improvement of 1020 Hwy 7 West (City PID k 36- 117 -30 -15 -0020 /County PID N 23.036.4200) by construction of watermain, sanitary sewer, services and appurtenances, and to assess 100% of the cost of said improvements to the Owner, the Owner agrees to pay said percentage, as may be determined by the Council of the City to be a fair apportionment of the costs of said improvement not to exceed $5,000.00, plus accrued interest, over a period ten years. Owner expressly waives objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with all rights to appeal in the courts. In testimony, whereof, Steve Wadsworth, has hereunto set his hand, the day and year first above written. Owner: In Presence of: Steve Wadsworth Print Name: 1J Mayor, Marlin Torgerson • CITY OF HUTCHINSON City Administrator, Gary D. Plotz • RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 299 WHEREAS, cost has been determined for the improvement of 1020 Hwy 7 West and 1020 Hwy 22 South by sanitary sewer, watermain, services and appurtenances, and the value of such improvement is $10,000.00 and the expenses incurred or to be incurred in the making of such improvement amount to $0.00, so that the total cost of the improvement will be $10,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $0.00 and the portion of the cost to be assessed against benefitted property owners is declared to be $10,000.00. 2. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1995, and shall bear interest at the rate of 5.54 percent per annum from the date of the adoption of the assessment resolution. 3. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. • 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 22nd day of November, 1994. City Administrator • Mayor CITY OF HUTCHINSON, MINNESOTA COMPILED BY J. RODEBERG COMPUTED B J. RODEBERG CHECKED BY: J. RODEBERG ADOPTED: 11 -22 -1994 ASSESSMENT ROLL NO. 299 1020 HWY 7 WEST & 1020 HWY 7 EAST SANITARY SEWER AND WATERMAIN AND SERVICES & APPURTENANCES PAGE 1 OF 1 INTEREST RATE: 5.54% WATERMAIN CONNECTION: $2,500.00 SANITARY SEWER CONNECTIO $2,500.00 NUMBER OF YEARS SPREAD: TEN ACCOUNT NUMBER CITY PID NUMBER NAME AND ADDRESS OF PROPERTY OWNER ADDITION OR SUBDIVISION LOT NO. BLOCK NO. WATERMAIN CONNECTIO SANTTRY SEWER CONNECTION TOTAL ACTIVE ASSESSMENT COUNTY PID NUMBER 01 06116 -29 -15 -0180 B & G CARTAGE & WAREHOUSE 1504 GREELEY AVENUE 1020 HWY 22 SOUTH) 21205.0140 GLENCOE MN 55336 LOT G SUBDIVISION 14 $2,500.00 $2,500.00 $5,000.00 02 36117 -30- 15-0020 STEVE WADSWORTH 1020 HWY 15 SOUTH 1020 HWY&SOUT 23.036.4200 HUTCHINSON MN 55350 2.8 ACRES IN SW 1/4 SE 1/4 SECTION 36117 -30 $2,500.00 $2,50100 $5,000.00 TOTAL ASSESSABLE COST $10,000.00 TOTAL ASSESSMENT ROLL 299 $10,000.00 RESOLUTION NO. RESOLUTION WAIVING HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 299 WHEREAS, by a resolution passed by the Council on the 22nd day of November, 1994, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving 1020 Hwy 7 West and 1020 Hwy 22 South by sanitary sewer, watermain, services and appurtenances. WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The hearing on such proposed assessments has been waived by 100% of the affected property owners. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by November 30, 1994. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 22nd day of November, 1994. C City Administrator E Mayor RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 299 WHEREAS, pursuant to receipt of petition and waiver of hearing the Council has met and reviewed the proposed assessment for the improvement of 1020 Hwy 7 West and 1020 Hwy 22 South by sanitary sewer, watermain, services and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1995, and shall bear interest at the rate of 5.54 percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from December 1, 1994, until the 31st day of December, 1995. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of • payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 30th day of November, 1994; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Hutchinson City Council this 22nd day of Novvember, 1994. City Administrator E Mayor November 23, 1994 Mr. Thomas D. Creighton Bernick & Lifson Suite 1200 The Collonade 5500 Wayzata Boulevard Minneapolis, Mn. 55416 Re: Hutchinson Cable TV Services Our File No. 3244 -92054 • Dear Tom: Enclosed for your review is a Resolution extending the expiration date on the Franchise Agreement with D.D. Cable Partners, L.P., d /b /a Midwest Cable Vision to January 15, 1995. Please review the same and get back to me with any comments. Thank you. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA:lm Enclosure • le --A (4) 11 • RESOLUTION NO. 10350 CITY OF HUTCHINSON, MINNESOTA A RESOLUTION EXTENDING THE EXPIRATION DATE OF THE CABLE TELEVISION FRANCHISE AGREEMENT AUTHORIZING THE CONSTRUCTION AND OPERATION OF A CABLE COMMUNICATIONS SYSTEM WHEREAS, the City of Hutchinson ( "City ") has an Agreement, as amended, with D.D. Cable Partners, L.P. d /b /a Midwest Cable Vision, as successor to Star North American Corporation ( "Company ") for the construction and operation of a cable communications system within the City ( "Agreement "); and WHEREAS, the Agreement as extended will expire by its terms on or about December 1, 1994, unless City and Company mutually agree to extend the term of the Agreement; and WHEREAS, the City and the franchise renewal proceeding, December 1, 1994; and Company are involved in a cable which may not be concluded by WHEREAS, the Company and the City agree to an extension of the expiration date of the Agreement until January 15, 1995. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hutchinson as follows: 1. The term of the Agreement granting Company permission to construct and operate a cable communications system in the City is hereby amended to expire on January 15, 1995 unless City and Company have executed and adopted a new Cable Communications Franchise Ordinance prior to December 1, 1994, in which case the Agreement shall expire and terminate concurrently with the effective date of said Franchise Ordinance. 2. Except as modified by paragraph 1 above, all other terms, conditions, provisions and requirements of the Agreement shall remain in full force and effect. Neither party waives any rights it may have pursuant to the Agreement, State or Federal law. 3. The Company, if it accepts this Resolution and the rights and obligations hereby granted, shall file with the City its written acceptance of this Resolution, on or before December 1, 1994. 4. This Resolution shall be effective upon its passage. PASSED AND ADOPTED THIS 22nd DAY OF NOVEMBER, 1994. 0 CITY OF HUTCHINSON By: Its Mayor (µ� ACCEPTANCE BY COMPANY This Resolution is accepted, and we agree to be bound by all its terms and conditions. Dated: U D.D. CABLE PARTNERS, L.P. By: Its: r� OPEN -HOLD COUNCIL REPORT Tue Nov 22 1994 15:50:33 Page 1 ----------------------------------------------------------------------------- 1� 979 IMPRO.BDS 1992 IMPROVEMENT CONSTRUCTION DUE TO 1992 IMPROV CON $350,000.00 $350,000.00 1980 TIDS 1979 IMPROVEMENT BONDS DUE TO 1979 IMPROV BDS $40,000.00 1985 TAX INC.DEBT SERVICE TRANSFER $24,320.00 1990 TAX INC. DEBT SERVICE TRANSFER $159,838.00 $224,158.00 1982 TIDS 1980 TAX INC DEBT SERVICE DUE TO 1980 TI CONSTR $20,071.25 $20,071.25 1984 PARKING BDS 1981 PARKING CONSTRUCTION DUE TO 1981 PRKG CONST $400.00 CITY OF HUTCHINSON DUE TO WATER /SEWER $405,000.00 $405,400.00 1985 TIDS 1980 TAX INC DEBT SERVICE DUE TO 1980 TIDS $8,000.00 1990 TAX INC CONSTRUCTION DUE TO 1990 TI CONSTR $81,973.42 • $89,973.42 1990 IMPRO.BDS 1991 IMPROVEMENT CONSTRUCTION DUE TO 1991 IMPROV CON $227.50 $227.50 1990 TICB 1980 TAX INC DEBT SERVICE DUE TO 1980 TIDC $64,768.75 DUE TO 1979 IMPROV BDS $905.17 1992 IMPROVEMENT BONDS DUE TO 1992 IMPROV DS $64,768.75 1990 TIDS DUE TO WATER /SEWER $202,649.84 •CITY 1979 IMPROVEMENT BONDS DUE TO 1979 IMPROV BND $10,000.00 1980 TAX INC DEBT SERVICE DUE TO 1980 TIDS $31,125.79 1990 TAX INC CONSTRUCTION DUE TO 1990 TI CONSTR $284.19 AM.NATIONAL BANK MTCE CHARGES $335.00 $41,744.98 1992 IMPRO.BDS 1979 IMPROVEMENT BONDS DUE TO 1979 IMPROV BDS $905.17 1992 IMPROVEMENT BONDS DUE TO 1992 IMPROV DS $1,228.00 OF HUTCHINSON DUE TO WATER /SEWER $202,649.84 •CITY $204,783.01 //-A OPEN -HOLD COUNCIL REPORT Tue Nov 22 1994 15:50:33 Page 2 1992 TICB 1992 REFUNDING IMPROV BONDS DUE TO 1992 REFUNDING $8,366.88 CITY OF HUTCHINSON DUE TO WATER /SEWER $283,929.59 CITY OF HUTCHINSON- GENERAL FUN DUE TO GENERAL FUND $16,958.79 $309,255.26 1992 TIDS 1980 TAX INC DEBT SERVICE DUE TO 1980 TIDS $18,813.75 1992 TAX INC. DEBT SERVICE TRANSFER $37,628.00 $56,441.75 1993 IMPRO.CON B CITY OF HUTCHINSON DUE TO 1993 IMPROV BDS $400,000.00 $400,000.00 1994 IMPRO CONST COMSTOCK DAVIS INC PROF SERVICES $900.00 MN PLANNING DNR DATABASE HERITAGE $55.00 OSM PROF SERVICES $15,252.77 RUST ENVIRONMENT PROF SERVICES $9,033.14 $25,240.91 X1994 T I CONST. ARNOLD & MCDOWELL LAND TRUST SERVICES $3,261.99 $3,261.99 AIRPORT RENOVAT. 1990 IMPROVEMENT BONDS DUE TO 1990 IMPROV BND $179,000.00 CAPITAL IMPROVEMENTS DUE TO CAPITAL IMPROV $4,390.42 CITY OF HUTCHINSON DUE TO WATER /SEWER $109,945.88 MATHIOWETZ CONSTRUCTION EST #13 $183,218.17 TKDA PROF SERVICES -PHASE II $12,605.28 $489,159.75 CAP.IMPRO.FUND 1985 IMPROV DEBT SERVICE DUE TO 1992 IMPROV DS $1,277.75 $1,277.75 ALLEN OFFICE PROD ERASERS, NOTES $5.06 BRANDON TIRE CO TIRE REPAIR $291.54 CENTURY LABS SCRUBS $51.89 H &L MESABI 5/8x8x144 $173.91 HUTCH COOP CENEX TOWN & COUNTRY TIRE TIRES ALIGNMENT $257.39 $32.95 TWO WAY COMM INC 6 ANTENNA $31.95 OPEN -HOLD COUNCIL REPORT Tue Nov 22 1994 15:50:33 Page 3 WIGEN CHEVROLET CO • REPAIR $215.45 $1,060.14 ENERGY LOAN FD CITY OF HUTCHINSON BLDG PERMIT #12160 $71.00 CITY OF HUTCHINSON- GENERAL FUN DUE TO GENERAL FUND $34,253.85 INGLEMAN &, JULIE #7 FOOTINGS $22,160.84 WESTLUND &, PEARL TRASH REMOVAL $959.02 $57,444.71 GENERAL FUND 1980 TAX INC DEBT SERVICE DUE TO 1980 TIDS $48,936.67 AAGARD WEST NOV OFFICE PAPER PICKU $563.00 AIRPORT RENOVATION DUE TO AIRPORT RENOVAT $16,949.44 ALLEN OFFICE PROD ADDRESS STAMP, PENS $21.04 ALLEN, JEAN SR. TOUR REFUND $25.00 AM RISK SERVICES NOV SERVICE $800.00 ANDERSON'S DECORATING CENTER PAINT $30.92 ARNDT, BILL ELECTION JUDGE $67.50 ARNOLD & MCDOWELL FIRE DEPT JUDGEMENTS $1,447.31 AUTOMATION SUPPLY CO CARTRIDGE $36.96 BENNETT OFFICE SUP. SERVICE CONTRACT $123.44 BIG BEAR POSTS $25.20 BREMIX CONCRETE CO CONCRETE $132.40 •BROWNS FLORAL PLANT -KRAFT $21.30 BRUNNER, DOLORES ELECTION JUDGE $73.75 BUTLER, MATT FOOTBALL COACH $72.00 CADD /ENGINEERING SUPPLY PLOT T BOND $30.04 CAMERA SHOP PHOTOS $10.78 CARNEYS HALLOWEEN SUPPLIES $23.92 CELLULAR 2000 OCT CELLULAR $147.57 CENTRAL GARAGE DUE TO CENTRAL GARAGE $3,939.24 CENTURY LABS SCRUBS $246.11 COUNTY TREASURER PARCEL PRINTOUT $24,302.10 CROSS, KARLA ELECTION JUDGE $78.75 CROW RIVER PRESS INC 1000 NEWSLETTERS $280.87 CULLIGAN WATER COND 3 BAGS SALT $12.32. CUSHMAN MOTOR CO. WHEEL ASSY $50.18 DAGGETT, DORIS ELECTION JUDGE $80.00 DEPT NATURAL RESOURCES DNR REG FEES $477.00 FARM & HOME DIST. CO GALV NIPPLE, ETC $24.40 FESTIVAL FOODS KLEENEX, CLEANERS $120.76 FIECKE, JOHN 4 HOURS WORK $20.00 FREEMAN, CAROL JR.PREC SKATING REFUND $55.00 GORHAM, SHEILA INSTRUCTOR FEE $20.00 GRUENHAGEN, HELEN ELECTION JUDGE $73.75 H.W.B.A. 2 POINTSETTIAS $16.00 HAGEN, RUTH ELECTION JUDGE $80.00 HAGER JEWELRY NAMEPLATES $75.17 HAMMOND- JOHNSON, MICHELLE CONFERENCE EXPENSES $51.04 • HANSON, HELEN SR. CLASS REFUND $2.50 HAUGEN, MARV NRPA CONGRESS EXPENSES $194.29 OPEN -HOLD COUNCIL REPORT Tue Nov 22 1994 15:50:33 Page 4 • HCVN -TV HENSEN, MARK CABLE FRANCHISE DUES MEETING FEE $750.00 $16.59 HOGAN, SHARAE POWER SKATING REFUND $4.00 HUTCH COOP CENEX OCT FUEL $3,810.02 HUTCH FIRE & SAFETY 3 INSPECTIONS $15.00 HUTCH MEDICAL CENTER EXAM- D.POWELL,B.RUNKE $289.00 HUTCH PUBLIC SCHOOLS TRACK & FIELD RENT $56.25 HUTCHINSON JAYCEES FLAG FOOTBALL REFEREES $440.00 HUTCHINSON UTILITIES GAS & ELEC $19,625.82 INK SPOTS FORMS $134.33 INSELMANN, LIDA 2 SR. ACTIVITY REFUNDS $9.00 JENSEN, ROXANNE ELECTION JUDGE $80.00 KEMPFERT DESIGN RWS SIGN $995.78 KERR TRANSPORTATION SERVICES DRUG TEST $42.00 KNIGGE, DARLEEN ELECTION JUDGE $73.75 KOEHLER, ANNETTE ELECTION JUDGE $73.75 KOTTKE, GRACE ELECTION JUDGE $73.75 KREIE, IRMA ELECTION JUDGE $73.75 KRUEGER, MARLYN ELECTION JUDGE $73.75 LARSON, IVAN & MARY 2 SR. ACTIVITY REFUNDS $9.00 LEAGUE OF MN CITIES W.COMP DEDUCTIBLE $355.25 LOGIS OCT CHARGES $6,629.60 LUNDAHLS 16 GUESTS $92.00 MARCO BUS.PRODUCTS TYPEWRITER REPAIR $119.44 MARKA, JAMES LUNCH $15.25 MCGARVEY COFFEE INC COFFEE $85.35 •MCLAIN, DEETTA ELECTION JUDGE $70.00 METRO ATHLETIC SUPPLY REF VESTS $630.74 MID -MN HOT MIX INC HOT MIX $896.72 MILLER, SEDONA ELECTION JUDGE $87.50 MN MUNICIPAL BOARD ANNEXATION 8.5 ACRES $100.00 MOE, RENITA SKATING REFUND $24.00 MOON, DOLF MEETING LUNCHES $15.28 MORAN, PETE FOOTBALL COACH $96.00 MR. MOVIES GRAND CANYON $1.40 NATL FIRE PROTECTION ASSC SUBSCRIPTION RENEWAL $366.75 NEUBARTH, MARGE SR. TOUR REFUND $10.00 OLSONS LOCKSMITH MOUNT DEADBOLT $44.59 PETERSON BUS SERVICE BUS TRIP OLD LOG $202.75 PITNEY BOWES INC EQUIP MTCE SCALE $179.00 PLOTZ, GARY D. MILEAGE, MEETINGS $60.05 PROCHNOW, EVELYN ELECTION JUDGE $80.00 QUADE ELECTRIC FARIBO LAMP $497.84 QUALITY WASH AUTO WASH $10.00 QUANTUM LABS BLUE LABEL $68.53 QUILL CORP COPY HOLDER $61.90 R &R SPECIALTIES INC ICE BLADE GRIND $82.00 RANNOW, ARDYCE SR. TOUR REFUNDS $50.00 REINERT &, FLORENCE BLDG PERMITS $35.00 RICKEMAN SEED CENTER 13 PUMPKINS $6.75 RIDER BENNETT EGAN & ARUNDEL SEXUAL HARASSMENT TRG $800.00 SCHLUETER, JOSH FOOTBALL COACH $96.00 • SCHMIDT, HARRIET ELECTION JUDGE $73.75 SCHONS, ALICE SR. ACTIVITY REFUND $4.50 OPEN -HOLD COUNCIL REPORT Tue Nev 22 1994 15:50:33 Page 5 ----------------------------------------------------------------------------- PEARL ELECTION JUDGE $72.50 •SEALE, SELECT CARE ADMIN FEES $235.50 SEVEN WEST WASH & DRY 33# LAUNDRY $27.25 SHAW, KAREN INSTRUCTION $112.50 SHIMANSKI, VINCE FOOTBALL COACH $96.00 SHOPKO FILM, PAPER $28.24 SIMONSON LUMBER CO SUPPLIES $1.16 SORENSEN FARM SUPPLY AUGER TEETH $42.60 STANDARD PRINTING PENS $7.46 STAR TRIBUNE RENEWAL $21.45 TEPLY, TODD DJ SHOW 11 -19 -94 $200.00 TEWS, CLARA ELECTION JUDGE $73.75 THRAN, ESTHER SR. ACTIVITY REFUND $4.50 TURF SUPPLY COMPANY QUART ALAMO $276.25 UNITED BLDG CENTERS CONCRETE MIX $52.50 US POSTAL SERVICE SR. NEWSLETTER POSTAGE $235.00 VANHALE, EVELYN ELECTION JUDGE $72.50 VOGT, RUTH SR. TOUR REFUND $7.00 WAL -MART GARLAND, TREES - EMPLOYE $242.16 WEDIN, CHUCK NRPA CONGRESS EXPENSES $77.40 WESELOH, PHYLLIS ELECTION JUDGE $72.50 WIXCEY, HARRIET ELECTION JUDGE $72.50 XEROX CORP 5052 USE OCTOBER $448.42 YOUNG, ELSA ELECTION JUDGE $70.00 ZEE MEDICAL SERV UNASPIRIN, BANDAIDS, E $27.29 $140,907.63 • HAT -FAC. CONST. Ll BONESTROO ROSENE ANDERLIK & AS LEAGUE OF MN CITIES HOSPITAL BONDS AM.NATIONAL BANK INSURANCE FUNDS SCHEMATIC DESIGN LIABILITY PAYING AGENT FEES MCLEOD CTY PUBLIC HEALTH NURSI BLOOD PRESSURE CLINIC REC /POOL DS 1976 IMPROVEMENT BONDS RURAL F. D. HUTCH COOP CENEX WATER /SEWER FUND DUE TO 1976 IMPROV BDS OCT FUEL $28,544.92 $687.00 $29,231.92 $177.00 $177.00 $42.00 $42.00 $5,000.00 $5,000.00 $87.94 $87.94 OPEN -HOLD COUNCIL REPORT Tue Nov 22 1994 15:50:33 1990 TAX INC CONSTRUCTION AAGARD WEST ARNOLD & MCDOWELL BENNETT OFFICE SUP. BUSINESSWARE SOLUTIONS CELLULAR 2000 CENTRAL GARAGE CITY OF HUTCHINSON- GENERAL FUN EBERT, RICHARD FARM & HOME DIST. CO FEED RITE CONTROLS FESTIVAL FOODS FITZLOFF HARDWARE HUTCH COMM HOSPITAL HUTCH COOP CENEX HUTCHINSON UTILITIES L & P SUPPLY CO LOGIS MN VALLEY TESTING LAB MPCA MUN LIQUOR STORE OLSEN, DIANE PITNEY BOWES CREDIT CORP PLUMBING & HTG DOCTOR RCM ASSOCIATES RUST ENVIRONMENT SANIFILL INC WATERPRO WELCOME NEIGHBOR YOUTH CENTER DUE TO 1990 TI CONSTR NOV PICKUP JUNKER LITIGATION FILES, STAMP SONY DG90MA-A OCT CELLULAR DUE TO CENTRAL GARAGE DUE TO GENERAL FUND WINTER SAFETY BOOTS 4 MULCH BLADE REFUNDS ACID HYDROFLUOSILICIC SUPPLIES 1 MULCH BLADE REFUND S.HANSON -SHOT OCT FUEL ELEC 4 MULCH BLADE REFUNDS OCT CHARGES TESTING REG- D.JOHNSON DUE TO LIQUOR FUND LOGIS TRAINING MAILING MACHINE TEST RPZ PROF SERV -ELEV STORAGE PROF SERVICES LOADS OCT 24 -28 GAUGE OCT ADVERTISING CITY OF HUTCHINSON- GENERAL FUN DUE TO GENERAL FUND WIRE TRANSFERS PAYROLL FUND MN DEPT OF REVENUE 1992TAX INCREMENT EMPLOYEE CONTRIBUTION Page 6 $14,291.37 $269.29 $153.40 $93.42 $31.60 $36.71 $365.84 $35,040.52 $30.00 $84.31 $774.17 $10.62 $15.00 $122.00 $1,551.38 $15,389.40 $20.00 $1,013.24 $10.00 $215.00 $275,000.00 $174.38 $965.76 $40.00 $698.93 $4,736.94 $4,091.75 $259.01 $120.00 $355,604.04 $4,392.72 $4,392.72 $3,279,712.42 5,430.84 DEPOSITORY TRUST INTEREST 18,813.75 IMMEDIATE PAY COUNCIL REPORT Tue Nov 22 1994 15:48:50 Page 1 ----------------------------------------------------------------------------- 1987 IMPROV. BDS AM.NATIONAL BANK AIRPORT RENOVAT. MCLEOD COOP POWER GENERAL FUND DEPT NATURAL RESOURCES DULUTH TECHNICAL COLLEGE HUTCHINSON TEL CO MCLEOD COOP POWER MN DEPT OF REVENUE US WEST COMMUN WILSONS NORTH WEST NURSERY INC LIQUOR STORE GRIGGS COOPER & CO LOCHER BROS INC SPRENGLER TRUCKING PAYROLL FUND AETNA VARIABLE LIFE ASS. GREAT WEST LIFE INS. CO. H.R.L.A.P.R. ICMA RETIREMENT TRUST PERA LIFE INS CO. PERA - D.C.P. PRUDENTIAL PRUDENTIAL MUTUAL FUNDS PUBLIC EMPLOYEES TEMPLETON INC WADELL & REED WITHHOLDING TAX ACCT WATER /SEWER FUND AM.NATIONAL BANK HUTCHINSON TEL CO MN DEPT OF REVENUE STATE TREASURER INTEREST ELECTRICITY DNR TITLE FEES 4 REGISTRATIONS -MNDOT PHONE SERV ELECTRICITY SALES TAX NOV SERVICE TREES MIX DRINKS oct freight CO. EMPLOYEE EMPLOYEE EMPLOYEE EMPLOYEE EMPLOYEE EMPLOYER EMPLOYEE EMPLOYEE EMPLOYER EMPLOYEE EMPLOYEE EMPLOYER CONTRIB 11 -5 CONTRIB 11 -5 CONTRIB 11 -5 CONTRIB 11 -5 CONTRIB 11 -5 CONTRIB 11 -5 CONTRIB 11 -5 CONTRIB CONTRIB 11 -5 CONTRIB 11 -5 CONTRIB 11 -5 CONTRIB 11 -5 INTEREST PHONE SERV OCT SALES TAX D.SMOGER EXAM FEE $18,475.00 $18,475.00 $130.39 $130.39 $836.00 $200.00 $5,341.91 $317.80 $33.97 $207.21 $588.95 $7,525.84 $49.40 $82.80 $1,140.65 $1,272.85 $655.00 $100.00 $187.85 $1,747.46 $136.50 $52.02 $140.00 $318.46 $12,671.61 $438.85 $150.00 $27,316.06 $43,913.81 $156,400.00 $510.41 $3,941.03 $15.00 $160,866.44 $232,184.33 HAND WRITTEN CHECKS NOVEMBER 22, 1994 IQUOR FUND AMERICAN LINEN MISC PUR 120.61 CITY OF HUT PAY TR 5,312.52 CITY OF HUTCHINSON LOTTERY SALES 1,800.00 COAST TO COAST BEER PUR 3.38 DEPT OF PUBLIC SAFETY CHG CARD 20.00 FESTIVAL OFFICE SUPP 32.80 GRIGGS COOPER WINE & LIQ 3,805.36 GRIGGS COOPER WINE /LIQ PURCH 2,800.03 JOHNSON BROTHERS LIQMINE PUR 8,180.17 KDUZ ADV 39.00 LENNEMAN BEV BEER 3,216.20 LOCHER BORS BEER PUR 9,995.95 MEDICAL &LIAB INS JAN -OCT 20,795.35 MNJAYCEES ADV 52.50 PHILLIPS WINE & LIQ 6,820.29 QUALITY WINE BEER PUR 3,655.15 SPRENGLER FREIGHT 1,140.65 TOTAL REGISTER NEW REGISTER 12,494.82 TRIPLE G BEER PUR 15,256.55 VIKING COCA COLA MISC PUR 207.85 WELCOME NEIGHBOR PRINTING 97.81 XEROX YR CONT 325.00 TOTAL 96,171.99 PERMANENT TRANSFER FROM LIQUOR FUND TO GEN FUND $65,000.00 0 E 1] Hutchinson Jaycee Water Carnival P.O. Box 624 Hutchinson, Minnesota 55350 Gary Plotz, City Administrator City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 -2522 Dear Gary, NOW 6 1994 November 07, 1994 FOR YOUR INFORMATION /`A� A P The time is here already when the Jaycee's start planning the 53rd Annual Jaycee Water Carnival to be held next June. The Jaycee's appreciate the time and energy that the City and its staff put toward this annual event, without your help it simply would not happen. Every year we look to the entire business community for support of this celebration. The Jaycee's may organize the Water Carnival, but it is the community of Hutchinson that is the real backbone of support for this event. In the past, the City of Hutchinson has been very supportive not only in time and effort, but also in monetary support. We realize that there are always continuous budget constraints, but we ask you consider a donation of $1,500.00 as the City of Hutchinson's commitment to this year's community celebration. Thank you very much for your continued support of the Hutchinson Jaycee Water Carnival. Sincerely, Corey T. Stearns, Commodore Hutchinson Jaycee Water Carnival P.O. Box 50 Hutchinson, MN 55350 612 / 587 -2137 0 • I] FOR YOUR INFORMATION October 23, 1994 To: Jim Marka, It is our understanding that all operations of the scrapyard must be conducted within an area enclosed by solid wall or fence of 100 percent opacity, at least 8 feet in height. Mr. Freedland & Eggerts agreed on solid wood fence 10 feet in height. All landscaped areas shall be kept clean, neat and uncluttered. This means no weeds. How come the city and county have a different set of rules for weed control? We have to keep our ditches mowed or we get charged to have them cut. We were also under the impression that the north and northwest berms would have two different tree types planted. Also the tree plantings on the four foot berms should be done as soon as the berm was finished. It is our understanding that the berm is finished. So far the fence is not solid and the berm area on either side of the fence is not finished either. Was this not to be finished prior to the scrapyard opening? i G� (V/ 41r lJo I Memo To: Jim Marka • Re: Mediation with Freedland, Fischers, and Eggerts It is my understanding that after last night, May 17, 1994, the above named families have agreed to the following terms and conditions relating to fencing and/or berm with trees. The berm starting in the northwest corner continuing east along the northborder of the property to the point at which the wetland begins will be six feet high with 2'- Y trees. A four foot berm will then continue south following the west edge of the existing ditch all the way to the railroad right away. The four foot berm will contain 3'- 4' trees. Mr. Fredland will construct the entire six foot berm within one month after approval of the Conditional - Use Permit. The four foot berm will be constructed south until dirt is no longer available in 1994. Trees/ on all constructed berms will be planted as soon as possible with the advise of the City Forster. If any portion of the four foot berm is not finished the project will be completed by August, 1995. All parties find it advisable to plant seedlings on the remaining portion of the north property line and the east property line. Most of this area is wetland so a berm is not possible. The timeline for this project is subject to the availability of seedlings and money, however, it seems appropriate that planting take • place no later than fall, 1995. The location of the entrance is still part of the debate. It is my recommendation that the entrance remain the same as specified on the latest site plan (close to the northeast corner of the property). If the en- trance is further east, as one neighbor requested, it will just create more road dust for the neighbors. The heaviest traffic will very likely come from the west. It seems logical the distance to the main entrance is in direct proportion to the effeciency of the road traffic. RespectfA submitted, rck Lennes • TO: Mayor and Council FROM: Brad Emans, Fire Chief HUTCHINSON FIRE DEPARTMENT 205 Third Avenue South East HUTCH INSON. MINNESOTA 55350 MONTHLY CITY COUNCIL UPDATE October, 1994 The Fire Department responded by 22 calls in October and 248 calls to date. October was once again a tragic month on the roads in our fire district. on October 1, we had a two vehicle head -on with one fatality on Highway 7 East and then on October 27 we were called to a 2 vehicle head -on with another fatality on Hwy 22 South by Biscay. A few other calls were: ♦ Bam fire on October 25, a complete loss, cause electrical ♦ House fire on October 25, minor damage, cause furnace motor ♦ Gas explosion at Hutchinson Utilities, building was a total loss Drills for October: October 3 Pumping of trucks October 10 Personal safety seminar put on by Ron Kirchoff of the Police Department. The presentation was excellent. October 17 Search and Rescue October 24 We hosted 24 departments in a regional meeting. Extra Duty: Casey Stotts along with some of the firefighters did an outstanding job in Fire Prevention. The firefighters began on October 10 and presented some form of fire prevention each day until October 19. I am very proud of the job these people do for our residents. • E 11 optior A publication of McLeod Landfill Inc. Your TrAXsh bill i ccusations and finger- pointing ran rampant dur- ing the political season as all the candidates pounded the podium about taxes and spending. While we at McLeod Landfill have no intention to re- play that political theater, we do want to inform you of one simple fact: Your trash bill is going up, due to increased fees and taxes. In spite of a $3 million tax November 1994 s going UP again! reserve, Mcleod County is considering raising the 22 percent sales tax you or your hauler pay. hat follows are tables and information about the state of affairs of your trash disposal costs. Please contact either McLeod Landfill or your elected officials if you have any comments regarding the information in this newsletter. qA- Current landfill sales tax Type of tax $6.66 per ton Solid Waste Abatement Fee A (Formerly the Greater Minnesota Landfill Cleanup Fee) $1.00 per ton McLeod County Tip Fee A 22eA $7.66 per ton Tax paid directly to and controlled by McLeod County 6.5% 6.5 percent State sales tax (Formerly called the state SCORE tax) B -4% -- 1.20 per ton - Minnesota Solid Waste Assessment B _ -- 2 percent is added to your trash l to pay state and county faxeS v NOW READ THE NEW COUNTY- PROPOSED TAX INCREASEI 20A $0.60 per ton To be assessed Jan. 1, 1995 3% $1.00 per ton To be assessed June 1, 1995 C 37 percent will be added to your trash bill to pay state and county taxes BUT THE STATE IS ADDING YET ANOTHER TAXI 15% $4.80 per ton To be assessed Jan. 1, 1995 (This is a new state increase from $1.20 per ton of the Minnesota Sold waste Assessment) 52 PERCENT WILL BE ADDED TO YOUR TRASH BILL TO PAY CURRENT AND PROPOSED COUNTY AND STATE TAXES ' A State law allows the counties to own 100% a,.. .. I ;hey r :ve from the Se,._ -_,ce abatement Fee Tax and the McLeod County Tip Fee Tax 'only for landfill abatement purposes or costs of clo- sure, post�closune pre and response anions or for purposes of mitigating and compensating for the local risks, costs, and other adverse effects of facilities' B The 65% state sales tax and $120 per ton Minnesota Solid Waste Assessment fee, which will increase to $6 per ton Jan. 1, 1995, applies either to the hauling charge or to the landfill charge. (Commensal haulers have their customers pay on the entire bill. Self - haulers pay on the the land- fill charge.) McLeod County is not legally responsible for closure, pest - closure care and response actions at McLeod Landfill, Inc. This is the responsibility of McLeod Landfill, Inc. and its parent companySanifiN, Inc. C The $1 per ton county tax effective June 1, 1995, would apply to outaf<ounty haulers, which represents about 70% of Mcleod Landfill customers. Due to the in- ability of of these longer distance baulers to absorb this tax increase, Mcleod land- fill would be forced to reduce the disposal charge to these longer distance haulers and increase the disposal charge to shorter dis- tance (McLeod County) haulers. Thus, the tax increase would be paid by all cus- tomers. So what's the deal with all these taxes on your waste disposal bill? 1V1cLeod County has historical - ly spent between $300,000 and $500,000 per year on m- cycling programs. The county generally receives about $100,000 per year from the state, and that balance can be paid by the Solid Waste Abatement Fee and the McLeod County Tip Fee. In 1994, McLeod Landfill cus- tomers will generate more than $1 million in revenue for McLeod County. With the recycling pro- grams costing the county between $200,000 and $400,000 per year, this leaves an excess of more than $500,000 in 1994 alone. As of Octo- ber,1994, McLeod County had a cumulative total of more than S3 million above and beyond the cost of operating their recycling pro- grams. On Oct. 10, 1994, the McLeod County Solid Waste Advisory Committee Finance Subcommittee comprised of. • Highway Engineer Rick Kjonaas • Auditor Ed Ide • Zoning Administrator Ed Homan • Public Health Nurse Becky Felling • County Environmentalist Todd Udvig, and • County Commissioner Eloi Hamm unanimously recommended to in- crease county taxes at the landfill. That Subcommittee recommended the following tax increases: • A $0.60 per ton increase of the Mcleod County Tip Fee effective Jan. 1,1995; • A $1 per ton increase effective June - 1,1995, also for the McLeod County Tip Fee. (See "C" on front page.) The Subcommittee gave the fol- lowing reasons for the increase: • The county wants to generate as much revenue as possible from the landfill; • The Subcommittee believes that the former county board used the wrong calculations from prior yardages rates of $0.50 per yard or $1 per ton. They now believe that rate should have been $0.50 per yard or $1.60 per ton. The Subcommittee also introduced the "Future Phantom Facility." Ac- cording to their logic, McLeod Landfill will be filled to capacity someday and the county will need a new waste facility Therefore, the prudent choice was to increase taxes now in anticipation of that new facility. But no ideas were presented on what the new facility could be, such as a compost plant, incinerator or another landfill. In addition, the subcommittee didn't: • Assemble a cost estimates for the new facility; • Present any figures on what the current tax rate will produce over the lifetime of the current site; • Present information on the life of the current site; • Estimate the current excess in county coffers from landfill- generated revenues; • Present a cohesive, logical rationale for the $1 per ton charge to be assessed beginning June 1, 1995 (See "C' on front page.); and • Present historical /cost data for recycling programs. ogic dictates that the issues list- ed above should be resolved before taxes are increased. Please call your county commis- sioners and urge them to vote against more taxes! The McLeod County Board of Commissioners are: • Bev Wangerin 587 -6869 • Eloi Hamre 864 -6359 • Don Utrich 587 -4404 • Ray Bayed 485 -2181 • AI Huff 864 -3507 Landfill Myths Myth Number One: What is the real life of McLeod Landfill? McLeod Landfill was permitted in 1970 to dispose of 15 million cubic yards of solid waste. In late 1993, with only 20 million cubic yards filled, the landfill re- ceived a permit to construct a lined, state -of- the-art disposal area to contain 6.2 million cubic yards. Twelve months later, in October, 1994, at least 21 years of life remained. If further areas are permitted, the landfill life will be about 40 years. Again, at the 1994 rate, more than 20 years of life remain. Mirth Number Two: But isn't the amount of waste disposed of at the landfill constantly increasing? The answer depends on the window of time you look through. Year Cubic gate yard estimate 1994 420,000 1993 195,720 1992 123,080 1991 382,619 1990 412,754 1989 252,783 11 i 0 z CITY OF HUTCHINSON LIQUOR STORE COMPARISON OCTOBER 5 5 0 OCTOBER TOTAL 1993 LIQUOR _____ __________ BEER WINE MISC. TOTAL BY WEEK 1 ____ 2,639 --------------------------------------- 4,e1R3 813 293 8,428 8,951 2 2,583 4,116 707 428 7,734 8,951 3 1,210 1,459 322 103 16,162 4 985 1,502 223 123 2,833 3,843 5 999 1,409 208 96 2,712 3,835 6 1,250 1,967 391 129 3,737 5,491 7 1,450 1,872 356 161 3,839 8,920 8 2,922 3,592 800 240 7,554 8,219 9 2,405 3,716 825 273 7,219 33,402 10 1,321 2,386 289 235 27,894 11 1,145 1,425 238 157 2,965 2,819 12 1,129 1,526 199 104 2,958 3,652 13 1,102 1,344 279 81 2,806 4,430 14 1,171 2,031 318 138 3,658 8,473 15 2,674 4,344 708 235 7,961 8,030 16 2,444 4,078 588 226 7,336 31,635 17 1,233 1,540 340 110 27,684 18 1,086 1,393 210 112 2,801 3,841 19 1,105 1,641 181 122 3,049 4,454 20 1,430 1,668 320 117 3,535 5,910 21 1,535 2,090 452 91 4,168 8,431 22 2,385 3,929 561 269 7,144 7,909 23 2,237 3,590 812 285 6,924 33,768 24 1,664 1,744 334 112 27,621 25 1,221 2,181 283 128 3,813 3,281 26 848 974 212 108 2,142 3,584 27 1,340 1,520 220 154 3,234 4,544 28 1,490 2,065 394 178 4,127 8,501 29 2,610 3,773 768 264 7,415 10,238 30 3,036 3,784 878 293 7,991 34,002 31 1,558 2,219 299 302 28,722 TOTAL 45,421 65,913 11,944 4,805 5,833 128,083 92 TOTAL 41,918 61,387 10,425 5,350 4,805 119,080 & OF SALE 35 51 9 4 4 100 SALES INC OR DEC OR DEC 9,003 18,053 8 $ CITY OF HUTCHINSON LIQUOR STORE COMPARISON OCTOBER 0 OCTOBER TOTAL 1994 LIQUOR BEER WINE MISC. TOTAL BY WEEK ---------- 1 _---------------------------------------------------- 2,859 4,836 918 338 8,951 8,951 3 1,210 1,459 322 103 3,094 4 1,584 1,635 312 312 3,843 5 1,082 2,082 444 227 3,835 6 2,577 2,311 438 165 5,491 7 2,596 5,089 890 345 8,920 8 2,517 4,463 866 373 8,219 33,402 10 1,321 2,386 289 235 4,231 11 1,015 1,393 270 141 2,819 12 1,222 11919 362 149 3,652 13 1,655 2,286 308 181 4,430 14 2,742 4,658 760 313 8,473 15 2,957 3,863 924 286 8,030 31,635 17 1,233 1,540 340 110 3,223 18 1,506 1,769 439 127 3,841 19 1,471 2,561 276 146 4,454 20 1,723 3,679 381 127 5,910 21 3,140 4,283 685 323 8,431 22 2,966 3,907 758 278 7,909 33,768 24 1,664 1,744 334 112 3,854 25 1,154 1,683 349 95 3,281 26 1,236 1,748 443 157 3,584 27 1,607 2,381 434 122 4,544 28 2,663 4,635 820 383 8,501 29 3,117 5,847 891 383 10,238 34,002 31 1,558 2,219 299 302 4,378 4,378 TOTAL 50,375 76,376 13,552 5,833 146,136 93 TOTAL 45,421 65,913 11,944 4,805 128,083 1 OF SALE 34 52 9 4 100 SALES INC OR DEC 18,053 14 t _ 5 6 -3: 3- r I nr PIONEERLAND LIBRARY SYSTEM BOARD MEETING Thursday, SEPT. 15, 1944. Meeting called to order by President Nancy Alsop Introduction of new board members: Motion to approve the minutes of June 16, 1994 meeting Tebben/Canfield- Motion carried III. Committee reports a. Finance Committee (Rudningen) recommended and approve the following: 1. Motion by Rudningen /Johnson to approve May, June, July 1994 financial reports - Motion carried 2. Motion by Rudningen/Bohm to approve the bills. Motion carried 3. Motion by Kreie to allow staff authority to sign payroll if acceptable to auditor Motion carried 4. Motion by Rudningen/Ulrich to approve $2600.00 purchase of computer with CD ROM and Internet capabilities for service center. Motion carried b. Personnel Committee (Benson) 1. Health insurance contract will be reviewed by committee 2. Survey and Study of rural public libraries is ongoing. c. Policy Committee ( Alsop) 3. A letter has been sent to legal firm re: legal review of borrowing authority, both long term and short term. Possible amendments will be drafted for committee review. d. System Study Committee ( Alsop) 1. Re: ESCU delivery - although there were some glitches, things seems to be satisfactory. 2. Assistant Director Kathy reported that the report of results accomplished required by the Office of Library Development has been completed. Motion Bohm /Canfield to approve. Motion carried e. System Facilities Committee (Dahl) 1. Letters were sent to Montevideo, Willmar, Chippewa County and Kandiyohi County indicating interest in locating PLS combined administrative and service center. A statement of economic benefit to community of such afacility. f. Automation Committee (Kreie) 1. Questionnaire has been sent to each library to gather data needed to determine actual costs of an online integrated automation system. Dynix, an automation vendor, will supply an estimated price quotation for software based on information provided. 2. Pioneerland Library System now has Internet access at Willmar and Montevideo libraries paid for through SAMMIE. Internet will be used for backup reference, professional development, and e-mail. 3. M of i o n Kreie /Brunner to purchase a Fax with $800.00 of funds from SAMMIE. If More than $800.00 is needed then request for approval of funds from budget will be presented at next board meeting. Motion carried IV. Old Business Rudningen reported on communications with Yellow Medicine County Board. They are going to continue discussions with them and feel that misunderstandings seem to be the base of problems. V. Report of Assistant Director 1. Kathy presented a proposed 1995 calendar, gave a report on expiring board member terms and a schedule of local library board visits and Collaboration of grants. VI. Report of Director. 1. Revised 1994 budget will be presented to PLS a Board for approval at Nov. 17 meeting. Proposed changes will not increase any city, county, state or federal 1994 financial obligations. Changes are needed because of increase of miscellaneous incomes and bookkeeping and reporting corrections. Cities and Counties are responding positively to 1995 requests for increases hopefully because of the increased participation in the budget process of head librarians and local board members. 2. Overview of current projected building projects at various cities in the system. VII. Adjournment- D. Brunner, Sec'y 0 *6 COUNTY 10/1/74 M- Lr r) COUNTY 14:54:22 021 CITY - ---- ._.HUT(-HINSnN_ .__ DESCRIPTION PTuNL_KLwNU #RY SYSTEM COUNTY 34 TnTC'+KAICU F LrA ;ICiAL YST-4 STATEMENT OF REVENUES AND EXPENDITURES AS OF 9 /30/94 E -J0: CURRENT YEAR CURRENT MONTH TO -DATE BUDUET PJNDS - kEVENUES RL SLRVC _CITY uP ATING COUNTY CRATING STATE 7; ATING PLnLRAL P F R A T TNG CAPITAL Si F TS INTEREST :HARGES, FTNES CJPY MAC glgE _ ;.UIPME_i!T R.NTALS_. PAX MACHTNE FJOK SALES EXTENSION _. 9THEP TOTAL REVENUES EXPENDITJRES SALAPIES AND WAGES HEALTH INSURANCL HEALTH INSURANCE - DEOUCTIRLE SS /PPRA /MCDICAPE PJOKS OLPIOJIi ALS VIDEO TAPES BIAli INGS OGLC ANO OTHER CHARGES C34 VENDI)K CHARGES VEHICLE OPEKATTUN VEHICLE INSUPANCE TELEPHONE AND LINE CHARGES PJSTAGE AND SHIPPING NEW F"UIPMENT MAINTENAN,;F AND CuNTRACTS SJPPLIES ANu POINTING _ PKOMOTTJNAL AND PUBLTC_TTY.. MILEAGE AND MEETINGS - STAFF MILLAJE AND MEETINGS - TRUSTEES .PROF. ME43ERSHIPS WORK COMP /PROPERTY /LIABILITY INSURANCE AUS AND LEGAL NOTICES ADD I T 1 N 90OKKEEPT149 CUNTINUTNU EDUCATION _... _. EXTENSION CONTRACTS STATE SALES TAX TOTAL EXPENDITURES TOTAL FUNDS 9 IP59ln PAGE �y In/21/94 14:42:^1 X OF X OF BOOT YEAR •u0 sr .n0 is 12,9I3.u000 a+ 0 75 .u0 to 51.50.16Ck a« 66,75o.UOLP tr 75 75 ti.08�.PnCP Ps 39,534.0008 r. 39.b34.j%P sr IUn 75 .00 et .nj td .00 ♦t .nJ as .Jn st .OL a+ 5U.00L0 Pa 0 75 740.JOCR +• 1,712.09CR r« 39U.UnbR +r 439 7S .JD aP .OU ri 5b.35LR to 21R.55CR r« .u0 ar 5.nJCK r. .On e♦ 20.nUCR er .UO +r .n0 as 1,Sn4.650. 4a 1,90P..55Ck +r e00.0%R tr 31R 15 .Jn er .n0 «« .JO rs 407.3uCk et 12,186.50CR sas 95.434.55CR «+« 122,253.000R r►r 78 75 u,u57.71 a+ 51,049.40 s« 71.98u.u0 tP 72 IS 155.76 +s 1,159.7d to 984.00 +• 119 75 .UO ar 320.00 se 320.00 «s l00 75 o27.u2 sa 5,427.52 e. 7.43d.Jn r+ 13 7S ,,775.Un +r 9,R39.ld ♦♦ 2U,unu.un ar 4n 75 47.00 sr 3,15 ^.54 .♦ �.UnO.Un ar lus 15 .DO P♦ .n0 rt .u0 ra 7.67 +a 1Ou.u0 ++ 8 75 .Un +♦ no s« .UO sr .OU tr .UO ea .Ou e« .Jn rr .OU rr .Jn tr .nu ae 61.U0 es 670.00 +t 90U.UO r+ 74 i5 .JO is 4,92n.n0 st 0'000.UO +♦ on 75 .00 ee 3i0.50 rt .u0 rr 2U2_.06 as 51)u.UO r+ 41 75 .00 to .13.50 t+ 95.J0 s+ 30 75 .UO ■4 .00 rt .00 +s .OU e« .Jn Pa .0U +« .00 ae 1,100.98 ♦i 1,b94.On ss o5 75 .jr) ar .nu +t .u0 sa __. 56.06 •+ _ _ 53.00. _., +a d9 75 9.09 t■ 31.91 r• 113.00 t« T2 15 .UO ar .00 r. .DO +a .OU +« l0U.u0 ar 120.0u r+ 99.00 +r 308 75 ulb38.58 ♦ra 79,230.72 + ++ 113,16o.00 rsr 70 75 .1,347.92CR tsir 16a2U3.83CR Pses 99U87.000R «a+a 178 75 0 no CnUNTY 1 u/[9/94 M� cFjD CJUNTY 14:47:IC 021 CITY 4JTL4 INoO.V DESCRIPTION FUNDS REVONUcS PEStRVE CITY OPERATING COUNTY JPERATING STATE OPERATING FcOERAL OPERATING CAPITAL ;IFTS TNTCRcST CHARGES, FINES OJPY MACHINE EQUIPMENT RENTALS FAX . MACHINE 9JOK SALF� rXTE%.TJN OTHER TJTAL REVENUES tXPrNOITURES SA(ARIES AND WAGSS 4.AcT4 INSURANCE HEALTH INSURANCL - DEJULTLBLE `.S/PERA /MEDICARE BJJKS PERIODICALS VIDEO TAPES 9INUINils %LC AND JTHER CHARGES CJM VENJDR CHARGES VEHICLE OPERATION VEHICLE INSURANCE TLLE °HONE AND LINE CHARGES PUSTAGF AND SHIPPING VLH EJUIPMENT MAINTENANCE AND CONTRACTS SUPPLIES ANU - PRINTING PROMOTIONAL AND PUBLICITY °ILEAGE AND MEETINGS - STAFF MILEAGE AND MEETINGS - TRUSTEES OKOF. MEMbERSHIPS 0 PTuNLFALANU LTUPARY SY,TEM LOUNTY 34 TNTLr.nA1F.W f 114AAC1AL aYbTL4 STATEMENT OF REVENUES ANU EXPENDITURES AS OF d/31/94 CURRENT YEAR MONTH TO -DATE _ WORK OMP /PROPERTY /LIA_BILITY INSURANCE ADS 40 LEGAL NJTICES AUDITINb _ BUOKKEEPING_ __- C34TTN'JING EDUCATION EXTENSTJN CONTRACTS STATE SALES_ TA_X__ TOTAL EXPENDITURES TOTAL FUNDS 0 IFSS70 PAGE 20 Fin: In/2u/94 14:25:2o CURRENT X OF X OF BUDGET dDGT YEAR .JO a .;10 r+ 12.Y13.0OLR k. 0 o7 519567.nuck .k 6d975o.00LR kt 75 67 .JO +a 29.6�O.SJCR a• 399534.0009 r. 75 07 .UD ar .DU .JO rw .DG s. .DD .. ,00 .r 6U.0OCP .t 0 u7 3,.�%R •. 973.99CR as SnU.UnLP .• 250 07 .JO .r .n0 ra .JO +. I00.2UCR as 5.u0CR +s 5.000R t+ .u0 sr 20.000K at .JO as .DO aw 1 ?6.DnLR +r 404.nOCR .+ onJ.Jn,R .. 07 07 .JO as .OU ar .UO ar 40.36Cn t. 166.000R trt 839248.OSCR t.p 122.253.000R rti 6B 0 7.509.28 rt 45091.69 s♦ 719990.00 s. o4 67 ,44.72 +♦ 1.064.0[ •+ 9R4.U0 a9 102 07 .UO ks 32('.00 a. 3 ?0 .u0 as lun o7 577.JO rr 4.93C.S0 r+ 79436.u0 tt 65 07 1.u67.98 - •t 9.064.88 .t 2U.00J.GO .a ,0 u7 20.d3 +r 39163.54 at 39un0.00 +• Iu3 07 .GO rw 00 a. .JO +a 7.67 ♦+ 1OD.u0 ka R 07 .JO s► .n0 .e .UO .a .nu pr .00 .r .00 rr .UO kr .OU sr .UO .r .n0 rs 67.u0 .♦ 6U3.OU ka 900.00 st 07 u7 .JO .. 49820.00 t. 69u0U.UO ►a b0 b7 .uO as 310.56 ♦a _ 26.72 sa 2U2.98 .a 500.00 t♦ 41 07 .00 +. 13.50 ar 35.00 t♦ 39 67 .UO t. .nu a .00 t. .00 rr .00 +r .Ou .. .UO kr 1.100.98 a. 19004.Un ka 65 67 _.UO rs .00 p+ .UO at 56.06 .+ 63.00 ks 69 67 _ 9.09 k+ 72.72 at 113.60 to 64 07 .DO r. .00 s. .00 ap ,00 ♦k .Do .t 20.00 t+ 39.00 kt 51 67 89322.62 _ st♦ - 70.392.14 ttt 1139166.00 ttt - - -62 67 89156.62 tt►s 129855.91CR tttt 99087.00LR ttst 141 67 PIUNL-RLA'rJ 041Y SYSTCM U.%41Y 34 IU /C 5/94 1,�TLGk AT =u FTNA;�CIAL SYST-M 1FSSO0 °ASc 1 6:37:21 COMBINED BALANCE SHEET AS OF 9/30/94 EJO: 10/21/94 14:47: ^1 THIS LAST % OF % OF _. _.... DESCRIPTION - YEAR YEAR BUDGET BDGT YEAR ASSETS C.SK 415,64U.19 <r ,DU ♦• PETTY CASH 1,770.j7 •• ,ro a• .. SAVIN,;S A0CJU;JT .UO <s .DU rt AJTJMATI'1N SAVTNGU Jr) . *a .OU r• AUTOMATI'1r. 0D'S .UJ to .00 •♦ VCHICLF A43KT SAVINGS .uO H .0u VEHICLE AMDR' CJ'S .u0 +< .00 <+ PKFPAID EXPENSE 1.53o.31 ♦s .00 r< _ .... _Vi.HiCLES 14.749.00 s< .00_ rr FUR.NTS4I "i.,S E FuUIP4FNT 11 a,76,.uf) rr .OU �JOKS, PAINTTNGS. ETC. 19C53,z79.01 +r .Du •• _ -_ ALCUMULATED DEPRELIATIDN- VEHICLLS __ T.U75.000R +• .01 A�'UMULAT,D DEPREOIATIDN -FURN. G cOUIP. 76,56J.UOLR •r .00 a< ACCUMULATED AHORTIZAT11N- u3JKS,PAINIIN ^S 503,456.000R <a .00 <• TOTAL ASSETS 29017,542.07 r *rr .DO ♦rp _ LI461LITIcS AND FUNU BALANCE LIABiLITIES ALCuUNTS PAYABLE 329J4l.660 *•._ .0u •< ACCRUED WAGES 36.341.u3LR •r 00 r< _ ACCRUE^ BENEFITS PAYABLE .00 <t ,0U r• TOTAL LIABILITIES_ _ 70,689.49CR +rs .Op _ ♦rr -. FUND RALANCF UN^ESLRVFU FUND BALANCE 7y,4%.4SL0 •9 .D0 ■+ FURNITUKE E EWUI°MENT PESEP.VE 1.o96,J95.UILR. +a .OJ t• _ _- _, VEHICLF PUR04ASE KESERVE 7,1R5.J3LR tt .DU ♦• AUTJMAT114 RESERVE 62,u16.57LP A* .00 rr - __ LIBRARIES 9u.321.45LR at .Ou as lFT RcSFRVc 164.410 •r .DO as CUMPUIEK RESERVE I,,u35.uOCP •• .Op a• ... _. -..__. CURkFNT YaAk WET 10a,464.o6CP •a .Ou <r 5u,o60.u%R <• 190 75 TOTAL FUND BALANCE 1,946,852.58CP * q .00 rr• 569660.000R rrr 3436 75 TOTAL LIABILITIES AND FUND BALANCE 2,017,542.07CP sr N .00 •rrr 569660.000R ****3561 75 I 0TH /94 1.,147:35 COMBINED UESCRIPTION PI WIt °kLAKJ q9Y lYoTt" LnU4iY 34 TNTC;RAIFu N71AL >YiT,4 STATEMLNT OF RCV EJ ANU L%PENOITJRLS AS OF 9/30/94 CURRENT YEAR MONTH TU -UATE ruNUS REVE NULS RESERVE CITY JPERATING S.iUNTY UPERATING STAFF �-PFR W NG FEDERAL OPERATING_. CAPITAL ,IFTS INTEREST CHAkiLS, FIVES '.J. ^Y MALHINE ,. _- FyUIPMFiTT RENTALS FAX MACHT14E RJOK TALES -FAT,NSIUN _. nTH-P TOTAL REVENUES _ c%PE 101TUR.S SALARIFS A40 WAGFS HEALTH IMSURANCE _ HEALTH INSURA14CE - UFDUCTI9LE SS /PERA /4EDICAPE 9J'IKS .. DLR10J :LALS ..__. .. VIDEO TAPES 91NDINGS OCLC APJ JTHFR LHARG.ES _ CJM VcNJOR LHAPGFS VEHICLE OPERATION VEHICLE TNSJRANCE ___ TELEPHONF AND LINE CHARGES PuSTA .3E AND SHIPPING NEW EQUIPMENT MAINTzNANCF ANTI CONTRACTS SUPPLIES ANU PRINTING PROM ^,TIU4AL AND PUOLTLITY 41LLAUE ANO MEETINGS - STAFF MILEAGE AND MEETINGS - TRUSTEES PROF. MEMBERSHIPS WJRK COMP /PROPPRTY /LFA9ILITY INSURANCE AUS AND LEGAL NOTICES AJDITINJ_____._ 900KKEEPING CONTINUING EDUCATION __. FKTLNSIUN CONTRACTS__.._ STATE SALES TAX TOTAL EXPENDITURES Tn TA1 CuMnf .u0 of i00,507.50uR •, 9T.902.75uR rs .u0 *t .JO tt .00 a► 2.2SU.00LR +. 961.R ,+ 291.u5uR r* 1.2nu.u6CR t+ ab.1nCR ►. 13. i%R ♦♦ 1.77U.U5LR e+ 223.98CR w. 1,u 37.2304 ►. 20a,336.19CR *P* 7v,29U.40 ar 4,401.96 t. 4o.d0 *a v,UlO.bO °+ 14.295.34 ►, S 01.u0 ►+ 233.73 *► .UO ,♦ `761.U9 +► .J0 Pa 5,75.31 r► 1,279.25 *r 6n1.d2 •e 3,u3i.24 *► 391.98 ++ 4,312.06 «« 35.9Q ♦♦ 14u.26 Pw 520.98 to .u0 «. .110 +* .00 +a 30U.u0 +« 994.22 ++ So.43 «* 416.00 *+ 1249584.41 * ** _81,751,77CR *y* .00 *a 474,725.75CR ►* 483,557.25CK at IdI9061.000K .* 60,616.000k et J2,7970UCR ,* 7,962.54CR st 3,719.27CK P♦ 293u7.TvCR is 14.040.46CR e* 3d9.9JCk a« laO.2UCK e+ 3,74807CR ►+ 14,1i4.33CR .+ 39.746.44CR tt 19319,146.94CR Pq 714,3�6.2U *« 30,509.12 et 1.993.76 +a 82.804.11 to 1289668.61 *+ 55.990.15 +► 3,637.55 s, 138.22 °+ 17,925.89 Pa 22,442.67 e. i9. 519.11 t+ 900.86 ,* 11,431.50 ** 10,315.05 ** 66,502.93 «« 5,9P3.59 sr 2100.70 ►w 3,279.50 sa S,Otl2.30 .« 4,733.19 et 40.00 *f 129240.00 r* 49.90 t* 1,850.90 ** 2,709.09 ** 19485.13 f* 99097.97 t+ I.191.2u s, 19216,884.28 a «► 102,262.66CR *w* L PA,c `u0: 10 1/94 1v:4�:F' CURRENT X OF X OF BUDGET BOGT YEAR 112,063.00uP *f n 75 54u,U29.JOGP rP 08 75 b12.964.uCCR tw 79 75 383,179.00LP P. ,7 Ti 64.a81.000R *► 51 75 10.162.UOLR at 77 7s 1,tl0u.U0L9 P► 211 75 17U.000 *t b259 75 1930J.U%P q 2dR 75 6.000.0 ^CR ♦• 236 TS 41,307.0%- «« 96 75 197739945.UOLR +a+ 74 75 19u150527.u0 *e 70 75 36.416.00 is tl4 75 1:,227.00 a+ 14 75 121,133.U0 re 09 75 2029733.00 *0 63 75 34.22u.U0 *+ 94 75 6.194.00 *, 59 75 1.245.00 «s 11 75 22,U7U.Un «* al _. 75 2b,00u.00 *f d6 75 11.35u.UO *a 173 15 e.30J.un *a 40 75 21.290.00 ** 54 75 16,573.00 «* 02 15 72.794.0^ •* 91 75 2U.u38.UO ►f 29 7S 29,21j.00 ** 75 75 4,u41.J^ «* 71 7R IJ,096.00 as J9 7S 8,006.00 *► 59 75 13.269.00 w♦ 92 75 1,ul5.J0 rr 5 75 2,098.00 ►* d4 75 3,5'0.,)0 +■ 76 75 4,590.00 +t 33 75 69000.,)0 •+ 102 75 5,029.00 *. 24 75 19717,285.00 ft♦ 71 75 _._ 5o,b60.000R +a *►_ _ 180_ _ _75 MTONLERLANI :!..GARY SYyTcM _ _ _ INTtG.AAT'J rli,A,ICIAL SYyTcM 15:59:32 COMBINED - BALANCE SHEET DESCRIPTION ASSETS CASH Dt TTY CA ',l SAVINGS ALCOUi•T AUTUPATION SAVTNSS AJTOMATIIN UD'S _. VEHICLE AMORT SAVINGS VE41CLE A40RT COOS °REPAID FAPFNSE -- V'_HICLF> FURNISHINGS E FMUIPMENT -- - 0J0 {Sr PAIYTINSS, ETC. ALCOMJLATLO OEbRECIATION- VEHILLES _.. _ ACCJMJLATED OEPi(ECTATMN -FURN. G EQUIP. ALCUMJLA% D AMnRTlLATION- UOUKS•PAINTTNGS TOTAL ASSETS L143ILTTIES AND EJNU BALANCE LIA91LITiEy A uCOUNTS PAYABLE ACCRUED WAGES _ ACCR'JcD MENtFITS PAYABLt _ TMAL LIABILITIES FUND BALANCE UNREStRGED FUND _ BALANCE FJRNITURE G EQUIPMENT REStvV° VEHICLE PURCHASE RESERVE AJTJ4ATI ^'4 nFSERVE LIORAATtS 9iFT REyERVE :OMPUTER HESEnVE -- - - -_- LJRnENT YEAR NET TOTAL FUND BALANCE _ TOTAL LIAdILITTES AND FUND BALANCE 0 LOuNTY 3-, IFSSbO AS OF 8/31/94 FuD: 10/2J/94 14:Z5:?o THIS LAST X OF X OF YEAR YEAR BUDGET 80GT YEAR 041.161.94 +r .0L s♦ 1r77T.y9 *t .n, .♦ .UD ai .0U s• .JO s• . ^,p as .v0 +r .DL as .u0 a* .nu •r .40 *r ,nu it I.39o.33 *k .00 sa 14,74d.vD •r ,nU k« lv9. 754.00 it no •t 2•J`3,ZT9.00 ar ,BU at 1.375,JOCR to ,no a• 7L,563.000R •• ,00 .i D93.458.UOLR +a .Ou as 1,9429730.76 q q .00 ***• ?9.Z96.32CR 34.J41.63CR «s ,O0 a+ .u0 e. .00 a« 779629.95CR sas .00 r ** 7,,,47L.46LR as .Ov ar 1.506,395.000R •a 00 it 7.195.J3LR e* ,00 *k 62•U16.57LR •e - ,O0 to vU•321.45LR •* ,no ♦r .64,4104 to .00 et 1Z•U35.vOCR no as ?0,510.cOCR ■r no as So,65U.00LR to 36 57 1,865,1OU.8ICR +ri no s*s 56966U.00LR s*♦ 3292 67 1994Z9730.75CR **s* no *ta* 5b,b6O.000R •***3429 67 0 1 PIU ".EEKLkN� LIoPARY :iY >TLW I 0/2:1/94 1 f T t C, A T E PINANC I A L SYSTEM 14:41:5b COMBINED STATEMENT OF REVENUES AND EXPENDITURES DESCRIPTION FUNDS REVENUES R,SEOVE CITY OPERATING _ C:.UNTY JP:RATING STATE OPERATING PEDERAL OPERATING ,',AMITAL GIFTS - TATE4EST CHARGES, FINES CJPY MACHINE EJUIPMFNT RENTALS FAX MACHINE 901K SALES EXTLN3IJN 0T4cR TOTAL REVENUES - -- _ EXPENDITURLS SALARIES AND WAGES HEALTH INSURANCE 4cALTH IM�URANCE - OFUUCTIBLP _ S4 /PFKA /ME0ICARt OD9KS PtRIDDTCALS VIDEO TAoES _.91140 T'lSS %L: ANJ JTHFR CHARGES COW VENDOR CHARGES VEHICLE OPERATION VcHICLF INSURANCE TZLEPH14E AND LINE CHARGES oJSTAGE AND SHIPPING NEW EJUIPMENT MATNTtNANCE AND CJNTRACTS SUPPLIES ANU PRINTING � PROMOTIONAL AND PUBLICITY _ MILEAGE AVD MEETINGS - STAFF MILEAGE AND MLFTINGS - TRUSTEES PROF. Mc MdERSHIPS _ NJRK_ COMP /PROPERTY /LIA_B_ILITY INS'JRANCc AJS AND LEGAL NOTICES AUDITING POOKKtEPING C04TTNU14G EDUCATION EXTENSION CJNTRACTS STATE SALES TA_X__ TOTAL EXPENDITURES TOTAL FUNDS Is COuNTY 3, IFS570 PAGt AS OF 8/31/94 FUD: 10/20/94 14 :25:7 LURRENT YEAR CURRENT Y OF A OF MONTH TO -DATE BUDGET BDGT YEAR .JO +a .00 •• 112,J63.U0L0 r• D 07 .JO +. 374,21P.'5CK re S4u,,29.UOCR as o9 07 .JO a• 3o5,754.SUCk •s o12,964.U0CR rr o3 o7 1 ^19UDu.b%R +a 161,0o1.0JCK a+ 383,179.000R er 47 67 .u0 ++ 60,616.0008 as .UO a, 32,797.oUCk •• 64,d8i.000R rr 51 o7 133.u0CR rs 5,612.54CR 90 1J,162.JOL4 rr SS b7 56L.17CR +r 3,3u2.31Cft e+ 1rUD0.U0C4 a♦ I0 67 c44.31CR r♦ 2,075.1,CK +s "430.89CP. er 12,837.42CR r• 17U.U0LR +a 7551 67 R7.60CR rr 351.90Ck ++ 6.UOLR ea 166.3UCk ra 936.d2CR ,+. 1,978.02Ck rs 1.30J.UOLR ar 152 07 416.03 es 13,030.37CR ae 0.J^U.000o ra 232 67 I,U53.29C4 +9 38,1U9.21CK •r 41,397.ODCR +a 92 07 I11,U43.51CR ara 1,112,810.76CR srr 1,7739945.000R N+ 63 67 70,695.19 rr 635,005.9U es 1,u15,527.U0 ra b3 07 �999o.27 rs 26,1U7.16 sr 3o,410.00 +r 72 67 ,u9 P• 1,946.96 •r 19227.00 r• 14 07 9,UF.a.02 s+ 13,791.31 ar 1219133.00 sr of 67 14,542.20 rs 114,393.23 •0 202,733.00 +• 56 o7 ).250.,9 •. 35,463.15 9r 36,22U.00 ra 93 67 215.90 +♦ 3,4U302 rr 6,19,.00 rs 55 67 .UO rr 138.22 *4r _ 1,245.00 ►r 11 o7 .UD •+ 16,964.8D ar 22.000.00 r+ 77 67 .DO ae 22,442.67 ss 20,u00.u0 ++ 66 b7 0,390.73 ♦♦ 1398o2.8U rr 11,350.00 rs 122 67 .JO rr 9300o +♦ 2,30U.00 ra 40 67 1,210.77 +r 10,157.25 ,r 21,200.uO +r 48 07 672.19 a• 9,713.23 sr lo,573.00 +a 59 o7 2,415.34 ra 03,567.59 as 74,79,.00 it 07 07 X77.34 as 5.461.61 a 20,038.00 se 27 67 1,766.47 •• 19,610.40 sr 29,213.u0 ♦s o7 67 24b.71 +a 3,243.60 ar 49o41.00 +r 70 07 492.65 ss 4,942.10 rs 13,000.09 rr 38 07 913.49 rr 4,212.21 rr d,000.00 rt 53 o7 .00 a♦ 40.OJ +s .00 9a 12,240.00 ++ 13.269.00 ar 92 67 10.00 s9 49.96 +t I,UI5.00 _ ar - - 5 o7 .u0 ra 1050.00 ra 2,098.00 ar 89 67 309. J9 ♦r ss 3,570.00 ►+ 67 07 9.09LR +a _21409.09 500.91 re 4,500.00 ra 11 67 461.11 ra 9,040.94 rr 6,000.U0 rr 151 67 .UO_ +a 775.70 5.U29.00 07 _ 1329391.26 a +r _•a 19092,299.87 _ ara _ra 19717,285.00 ♦rr __15 -64 67 219347.75 rrar 20,510.89CR rasa 569660.000R ■aaa 36 67