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cp08-23-1994 cSUNDAY MONDAY TUESDA`# -21- -22- -23- HUTCHINSON CITY CALENDAR 5:30 P.M. - City Council Workshop at City Cente Week of 7:30 P.M. - City Council August 21 to August 27 Meeting at City Center 1994 WEDNESDAY THURSDAY FRIDAY SATURDAY -24- -25- -26- -27- VACATION: 10:00 A.M. - Directors 9:00 A.M. - Handicap Advisory Meeting at City Committee Meeting in PHIL FORCIER - Aug. 22 -31 Center Main Conf. Room, City Center JO RUNKE - Aug. 22 - Sept. 2 ANNUAL CITY PICNIC Civic Arena 5:30 P.M. AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 23, 1994 1. CALL TO ORDER - 7:30 P.M. 2. INVOCATION Rev. Max Myers, Riverside Assembly of God Church 3. CONSIDERATION OF MINUTES REGULAR MEETING OF JULY 26, 1994 AND SPECIAL MEETING OF AUGUST 2, 1994 Action - Approve as distributed - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS . 1. FINANCIAL REPORT - JULY 1994 2. CITY INVESTMENTS REPORT 3. PLANNING COMMISSION MINUTES OF JULY 19, 1994 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 10296 - RESOLUTION ESTABLISHING AN ASSESSMENT DEFERRAL PROGRAM FOR LAKEWOOD DRIVE (DEFERRED FROM AUGUST 9, 1994) 2. RESOLUTION NO. 10300 - RESOLUTION FOR PURCHASE OF AVIATION FUEL 3. RESOLUTION NO. 10301 - RESOLUTION TO RESTRICT PARKING ON ROBERTS ROAD IN THE AREA OF THE HUTCHINSON HIGH SCHOOL (c) DELINQUENT WATER AND SEWER ACCOUNTS • CITY COUNCIL AGENDA -AUGUST 23, 1994 • (d) REZONE PROPERTY FROM R -2 TO I/C LOCATED ON HWY 15 REQUESTED BY VIKING COCA -COLA AND WEST CENTRAL INDUSTRIES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (e) SKETCH PLAN IN LYNN TOWNSHIP, TWO MILE RADIUS, SUBMITTED BY DAN COWGER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (I) VARIANCE REQUESTED BY JOHN KORNGIEBEL TO REDUCE LOT SIZE AND WIDTH IN ACOMA TOWNSHIP, TWO MILE RADIUS, WITH NO RECOMMENDATION OF PLANNING COMMISSION Action -Motion to approve consent agenda 5. PUBLIC HEARING - 8:00 P.M. (a) PROPOSED AMENDMENTS TO DEVELOPMENT PROGRAM FOR • DEVELOPMENT DISTRICT NO. 4 AND A PROPOSED TAX INCREMENT FINANCING PLAN (AUGUSTA HOMES, INC.) Action - Motion to close the hearing - Motion to reject - Motion to approve and waive reading and adopt Resolution (b) ASSESSMENT ROLL NO. 297, LETTING NO. 4, PROJECT NO. 94 -04 (OTTER LAKE CROSSING) Action - Motion to close hearing - Motion to reject - Motion to approve and adopt assessment roll; award contract; adopt Resolutions (c) REVIEW OF AAGARD WEST REFUSE SERVICE Action - Motion to close hearing • 2 (a) CONSIDERATION OF REQUEST BY HUTCHINSON COMMUNITY HOSPITAL TO CONDUCT "WELLNESS RUN" Action - 7. RESOLUTIONS AND ORDINANCES (a) SEE CONSENT AGENDA 8. UNFINISHED BUSINESS le 9. NEW BUSINESS (a) CONSIDERATION OF SETTING PUBLIC HEARING DATE FOR AMENDMENT TO SUBDIVISION ORDINANCE NO. 466 0 Action - (b) CONSIDERATION OF SETTING PUBLIC HEARING FOR SMALL CITIES DEVELOPMENT PROGRAM GRANT APPLICATION FOR HOUSING REHAB Action - Motion to reject - Motion to approve and set public hearing date for September 13, 1994 at 8:00 P.M. (c) CONSIDERATION OF CHANGING CITY COUNCIL MEETING TIME TO 8:00 P.M. FOR SEPTEMBER 13, 1994 MEETING DUE TO STATE PRIMARY ELECTION Action - Motion to reject - Motion to approve (d) DISCUSSION OF CITY DEMOLITION SITE AND PERMITTING Action - (e) REVIEW OF 1993 AUDIT u 3 CITY COUNCIL AGENDA -AUGUST 23, 1994 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY HUTCHINSON COMMUNITY HOSPITAL TO CONDUCT "WELLNESS RUN" Action - 7. RESOLUTIONS AND ORDINANCES (a) SEE CONSENT AGENDA 8. UNFINISHED BUSINESS le 9. NEW BUSINESS (a) CONSIDERATION OF SETTING PUBLIC HEARING DATE FOR AMENDMENT TO SUBDIVISION ORDINANCE NO. 466 0 Action - (b) CONSIDERATION OF SETTING PUBLIC HEARING FOR SMALL CITIES DEVELOPMENT PROGRAM GRANT APPLICATION FOR HOUSING REHAB Action - Motion to reject - Motion to approve and set public hearing date for September 13, 1994 at 8:00 P.M. (c) CONSIDERATION OF CHANGING CITY COUNCIL MEETING TIME TO 8:00 P.M. FOR SEPTEMBER 13, 1994 MEETING DUE TO STATE PRIMARY ELECTION Action - Motion to reject - Motion to approve (d) DISCUSSION OF CITY DEMOLITION SITE AND PERMITTING Action - (e) REVIEW OF 1993 AUDIT u 3 CITY COUNCIL AGENDA - AUGUST 23, 1994 (f) CONSIDERATION OF EMPLOYEE HEALTH INSURANCE RENEWAL Action - (g) CONSIDERATION OF COMMUNICATIONS IMPLEMENTATION PLAN Action - Motion to reject - Motion to approve 10. MISCELLANEOUS (a) PRINCE OF PEACE PROJECT CITY CONSENT (b) COMMUNICATIONS 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds 12. ADJOURNMENT is • 4 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 26, 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. The invocation was given by the Rev. Brian Brosz. 3. MINUTES The minutes of the regular meeting of July 12, 1994 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JUNE 1994 CITY INVESTMENTS REPORT 2. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF JUNE 21, 1994 3. HUTCHINSON HOUSING, INC. MINUTES OF JUNE 21, 1994 4. TELECOMMUNICATIONS COMMISSION MINUTES OF JUNE 29, 1994 5. PLANNING COMMISSION MINUTES OF JUNE 21, 1994 6. PARKS, RECREATION AND COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF JUNE 2, 1994 7. HOSPITAL /NURSING HOME BOARD MINUTES OF JUNE 21, 1994 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 10277 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES 2. RESOLUTION NO. 10289 - RESOLUTION FOR PURCHASE 3. RESOLUTION NO. 10292 - RESOLUTION AMENDING POLICY IN HUTCHINSON HANDBOOK ON COUNCIL POLICIES, PROCEDURES • AND PRACTICES, AND ADMINISTRATIVE ORDERS TO PROHIBIT PETS WITHIN VETERANS MEMORIAL BASEBALL FIELD 1�1 CITY COUNCIL MINUTES - JULY 26, 1994 (C) SOLICITORS PERMIT FOR HOWARD KEITH MERRILL (d) CHANGE ORDER NO. 2 FOR LETTING NO. 10, PROJECT NO. 94 -19 (e) CHANGE ORDER NO. 1 FOR LETTING NO. 10, PROJECT NO. 94 -25 (f) GAMBLING LICENSE APPLICATION FOR ST. ANASTASIA CHURCH'S FALL FESTIVAL (g) USE OF LIBRARY SQUARE FOR "TAKE BACK THE NIGHT RALLY" ON SEPTEMBER 12, 1994 (h) APPRAISAL OF PROPERTY LOCATED AT 35 FRANKLIN STREET NORTH (i) VARIANCE REQUESTED BY NEIL WHALEN TO REDUCE SIDEYARD SETBACK ON PROPERTY LOCATED AT 546 HASSAN STREET WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10282) (j) CONDITIONAL USE PERMIT REQUESTED BY TIM EAKINS, SKYDIVE HUTCHINSON, FOR CONSTRUCTION OF BUILDING IN I/C DISTRICT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10283) • (k) VARIANCE REQUESTED BY BRUCE NAUSTDAL FOR REDUCTION OF LOT SIZE ON FOUR LOTS IN LAKEWOOD ESTATES PLAT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10284) (1) CONDITIONAL USE PERMIT REQUESTED BY MIKE JASTER TO MOVE 20' X 24' GARAGE TO PROPERTY LOCATED AT 230 LYNN ROAD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10285) (m) PETITION BY DAVID BROLL TO VACATE EASEMENTS LOCATED IN NEWLY PLATTED BROLL'S FIRST ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (WAIVE FIRST READING OF ORDINANCE AND SET SECOND READING FOR AUGUST 9, 1994) (n) PRELIMINARY AND FINAL PLAT OF CENTURY COURT LOCATED NORTH OF FAIR GROUNDS SUBMITTED BY BRIAN SOLSRUD, AUGUSTA BUILDING CORP., WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10286) • 2 0 • 0 CITY COUNCIL MINUTES - JULY 26, 1994 (o) CONDITIONAL USE PERMIT REQUESTED BY BRIAN SOLSRUD FOR CONSTRUCTION OF SEVEN EIGHT -PLEX UNITS LOCATED IN CENTURY COURT PLAT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10287) (p) AMENDMENT TO ZONING ORDINANCE NO. 464, SECTIONS 8.04, 8.05, 8.06 AND 10.03 REGARDING MINIMUM GARAGE SQUARE FOOTAGE WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (q) VARIANCE FOR SETBACK REDUCTIONS IN ACOMA TOWNSHIP (TWO MILE RADIUS) REQUESTED BY JOE DOOLEY WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION (r) FINAL PLAT OF SOUTH LAKEWOOD ESTATES SUBMITTED BY BRUCE NAUSTDAL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10288) (s) HOLD PUBLIC HEARING ON AMENDMENT TO SUBDIVISION ORDINANCE NO. 466 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (t) DELINQUENT WATER AND SEWER ACCOUNTS The motion to approve the consent agenda, with the addition to 4(0) that a landscaping design be provided for City approval, with the denial of the solicitors permit in 4(c), and to refer 4(p) back to the Planning Commission, was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) HOUSING PLAN FOR CITY OF HUTCHINSON Mayor Torgerson called the hearing to order at 8:00 P.M. and read the notice of public hearing on a Housing Plan. No one was present to be heard. Council Member Mlinar moved to close the hearing at 8:02 P.M. Motion seconded by Council Member Erickson and unanimously carried. The motion was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried, to approve the housing plan and to waive reading and adopt 3 CITY COUNCIL MINUTES - JULY 26, 1994 Resolution No. 10290. (b) HOUSING PROGRAM FOR CITY OF HUTCHINSON Mayor Torgerson called the hearing to order at 8:03 P.M. and read the notice of public hearing for a Housing Plan and a Housing Program for the City of Hutchinson, MN. No one was present to be heard. Council Member Erickson moved to close the hearing at 8:05 P.M. Motion seconded by Council Member Peterson and unanimously carried. The motion was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried, to approve the housing program. (c) PROPOSED AMENDMENTS TO TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4, CITY OF HUTCHINSON Mayor Torgerson called the hearing to order at 8:07 P.M. • and read the notice of public hearing. June Redman, 255 Hwy. 7 E., raised a question regarding the City's financial situation with the bonding company. Administrator Plotz explained that there was a $10 million credit limit per calendar year that could be sold, and it limited the number of bidders. This project fit under the bonding cap. Council Member Erickson stated housing was a priority, and the Council wanted it covered. Richard Schmidtbauer, 15848 St. Hwy. 15, expressed his opposition to tax increment financing and requested future TIF be limited. He noted the average home owner pays for the tax increment financing. Dick Lennes, HCDC Executive Director, pointed out that there must be clarification between housing and redevelopment. Council Member Erickson moved to close the hearing at 8:15 P.M. Motion seconded by Council Member Peterson and unanimously carried. 4 0 CITY COUNCIL MINUTES - JULY 26, 1994 The motion to approve the amendments to the tax increment financing plan or District No. 4 and to waive reading and adopt Resolution No. 10291 was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (d) ASSESSMENT ROLL NO. 294, LETTING NO. 3, PROJECT N0. 94 -03 (LAKEWOOD DRIVE) Mayor Torgerson called the hearing to order at 8:16 P.M. and read the notice of hearing. Engineer Rodeberg explained the location of the project. He noted the two objections from property owners who are most affected by the project are the method used for calculating the assessment on a per lot basis instead of a per front foot basis, and a credit be given for previous work on the present road. The City Engineer commented that the City would be acquiring the Cedar Mills Rod & Gun Club on the west, and the east side would be deferred until the land is developed according to City policy. The City Engineer stated that since the lots are different sizes, it is difficult to determine the cost on a front foot basis. He suggested that inasmuch as the owners of the two smaller lots are paying more assessments, perhaps they should receive a reduction on cost. Mayor Torgerson read two letters received on the project. Jerome Hoikka, 960 Lakewood Drive, and Richard Wanzek, 980 Lakewood Drive, both objected to the proposed assessment. June Redman, 255 Hwy. 7 East, inquired if the interest on a deferred assessment started the day the assessment was due. Mayor Torgerson explained the policy on deferred assessments. Bob Meyers, 920 Lakewood Drive SW, asked what can be deferred. Engineer Rodeberg stated that recertified septic systems, sewer and well can be deferred until such time as City hook up occurs. Vern Hahn, 880 Lakewood Drive SW, reported he owns three lots in the middle of the project, and he is being assessed $35,500. He asked on behalf of the entire 5 CITY COUNCIL MINUTES - JULY 26, 1994 neighborhood for a deferment of assessments. Mr. Hahn objected to the fact that the cost of the project had gone up, and there is nothing wrong with the present street. Council Member Erickson moved to close the hearing at 8:43 P.M. The motion was seconded by Council Member Mlinar and unanimously carried. Following discussion of assessing double and triple lots, Council Member Peterson moved to hold a special meeting at 5:30 P.M. on August 2, 1994. Motion seconded by Council Member Mlinar and unanimously carried. (e) ASSESSMENT ROLL NO. 296, LETTING NO. 8, PROJECT NO. 94 -09 (ARCH STREET) Mayor Torgerson called the hearing to order at 8:50 P.M. and read the notice of hearing. The City Engineer reported the project would include sanitary sewer, watermain, storm sewer, and street repair on Arch Street. • Deane Dietel, 845 Second Avenue SE, stated he had water and sewer connection on Second Avenue and inquired if he would receive a credit. Mr. Dietel wanted Arch Street blocked off since it was not accessible by the police. He noted Arch Street was a minimum maintenance road with an old seal coat and that trucks used it. Engineer Rodeberg commented he had no record that Mr. Dietel had paid a water and sewer assessment on Second Avenue. Council Member Mlinar moved to close the hearing at 9:17 P.M. Motion seconded by Council Member Peterson and unanimously carried. The motion to consider assessment roll No. 296 at the August 2, 1994, special meeting was made by Council Member Peterson, seconded by Council Member Mlinar and unanimously carried. (f) CABLE SERVICES BY MIDWEST CABLEVISION WITHIN CITY OF HUTCHINSON Mayor Torgerson called the hearing to order at 9:18 P.M. and read the notice of hearing. 6 • CITY COUNCIL MINUTES - JULY 26, 1994 Fran Graupmann, 115 Jefferson Street SE, asked why Hutchinson does not have the sports channel when other local communities have it. Rob Gordon, Area Manager for Midwest Cablevision, stated he was working with the Telecommunications Commission, and he was not prepared to discuss MSC at this time. Council Member Erickson raised questions on the following items: (1) length of new contract; (2) sports channel; (3) full -time manager in the office; (4) lead time for connecting up to cable; and (5) minimum price on cable. Mr. Gordon reported some personnel changes were made in the Hutchinson cable office. There were three persons in the office, and a full -time technician was added whose position became full -time chief engineer /manager the first quarter of this year. Mr. Gordon further reported that additional help would be brought in, if needed, for lead time. The company is making some changes in their customer service. It was reported there are two levels of cable service, namely, limited channel (basic cable • package) at $8.75 and full service, including satellite service, except HBO, at $19.95. A lady inquired how much the sports package would cost. Mr. Gordon responded that the specific cost had not been determined; but Midwest is in the process of negotiating with MSC. Chairperson Paul Ackland commented on the July 13, 1994 meeting of the Telecommunications Commission with the City's legal counsel and cable's attorney regarding negotiation on the cable franchise contract. He stated the committee is not interested in a 15 year contract with cable. He further stated that MSC is on the top of the agenda and has to be part of the franchise agreement. Council Member Mlinar asked if all residents can obtain access to cable service and if the trailer parks have access. He also commented on interference problems. Manager Gordon stated he did not have information available regarding local access. He noted the trailer ..,irk issue was discussed at the July 13 meeting of the Telecommunications Commission. Mr. Gordon mentioned the FCC regulations and stated Midwest would be in compliance with the federal regulations. 7 CITY COUNCIL MINUTES - JULY 26, 1994 • Mr. Ackland noted the new technician has done monitoring, and the cable service has improved. Also, new areas of service have been added, ie., South Grade Road. Mr. Ackland reported that one of the trailer courts is acting as a franchise holder, but the City is not receiving a fee. There could be some FCC violations involved. It was reported that Attorney Creighton should have a draft copy of the cable contract available by late September or early October. Council Member Mlinar moved to close the hearing at 9:40 P.M. Motion seconded by Council Member Erickson and unanimously carried. 6. COMMUNICATIONS REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY CITY FORESTER TO ATTEND OUT -OF -STATE MIDWEST URBAN FORESTRY COORDINATORS P14NUAL MEETING Following discussion, the motion to approve the request was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. • 7. RESOLUTIONS AND ORDINANCES SEE CONSENT AGENDA 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF ACQUIRING PROPERTY FOR CONSTRUCTION OF FIFTH AVENUE SE BRIDGE AND LUCE LINE TRAIL EXTENSION TO 3M Following discussion, the motion to approve the purchase of land was made by Council Member Craig, seconded by Council Member Mlinar and unanimously carried. (b) CONSIDERATION OF WAIVER OF CONFLICT ON PART OF BOND COUNSEL DORSEY & WHITNEY Following discussion, the motion to approve the waiver of conflict was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. i U 9 CITY COUNCIL MINUTES - JULY 26, 1994 (c) CONSIDERATION OF "THRU- THE - FENCE" AGREEMENT WITH SKYDIVE HUTCHINSON AT HUTCHINSON MUNICIPAL AIRPORT Following discussion, the motion to defer to the next City Council meeting was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. (d) CONSIDERATION OF APPROVAL FOR USE OF CONSULTANT ROBERT FJERSTAD TO REVIEW CITY PAY PLAN CLASSIFICATIONS Following discussion, the motion to approve the use of Consultant Robert Fjerstad was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (e) CONSIDERATION OF MARIE THURN SETTLEMENT Following discussion, the motion to approve the settlement agreement and to authorize payment of $49,000.00 from City funds was made by Council Member Craig, seconded by Council Member Mlinar and unanimously . carried. (f) CONSIDERATION OF RECOMMENDATION FOR TAX INCREMENT FINANCING ASSESSMENT FOR AUGUSTA HOMES It was recommended that Augusta Homes be required to pay an assessment of $5,000.00 prior to the August 23, 1994 public hearing. Following discussion, the motion to approve the $5,000.00 assessment was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (g) CONSIDERATION OF EQUIPMENT REPLACEMENT FOR PARKS DEPARTMENT Following discussion, the motion to approve and enter into a lease agreement was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. (h) CONSIDERATION OF EXTENDING COMMUNICATIONS CONSULTING AGREEMENT WITH W.M. MONTGOMERY AND ASSOCIATES Following discussion, the motion to defer to the next meeting was made by Council Member Mlinar, seconded by . Council Member Erickson and unanimously carried. 9 CITY COUNCIL MINUTES - JULY 26, 1994 (i) CONSIDERATION OF ENCLOSED BILLBOARD SIGN ON BOULEVARD IN FRONT OF CHAMBER OF COMMERCE BUILDING Following discussion, the motion was made by Council Member Erickson to recommend approval of the billboard sign, with the stipulation that the Police Department review the area for a traffic hazard and the Downtown Sign Committee review the site. Motion seconded by Council Member Peterson and unanimously carried. (j) CONSIDERATION OF EMERGENCY REQUEST TO PURCHASE A REPLACEMENT AUTOCLAVE (STERILIZER) FOR HOSPITAL SURGERY DEPARTMENT It was noted that the hospital staff requested purchase of the higher quoted sterilizer for safety reasons at a cost of $35,125.98 from the American Sterilizer Company. Following discussion, the motion to approve the purchase was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. 10. MISCELLANEOUS • (a) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson commented on the Fair Board issue. He requested Mayor Torgerson to sign a purchase agreement for a lot in question which the Council had approved in June. (b) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG Council Member Craig mentioned the many forms of taxation. (c) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz commented on feedback to the Directors regarding their reports and presentations at the Council workshops. The City Administrator reviewed the items in his Update report. (d) COMMUNICATIONS FROM MAYOR MARLIN TORGERSON Mayor Torgerson read a portion of an article in News & Views regarding the first utility application of the GE LM 6000 turbine, and the first highly- efficient combined • cycle design using that system, at the new Hutchinson 10 9 CITY COUNCIL MINUTES - JULY 26, 1994 u utilities plant. He recommended the Council adopt a Resolution commending the Hutchinson Utilities Commission, Manager and staff for the innovative project. The motion to adopt Resolution No. 10293 was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and to authorize payment from the appropriate funds was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:04 P.M. 11 • • M E M O R A N D U M Date: August 19, 1994 TO: Mayor and City Council FROM: Bonnie Baumetz, Secretary SUBJECT: MINUTES - SPECIAL MEETING - AUGUST 2, 1994 The minutes enclosed are as recorded by Administrative Secretary, Marilyn J. Swanson at the meeting on August 2, 1994. MINUTES SPECIAL MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 2, 1994 The meeting was called to order at 5:30 P.M. by Mayor Torgerson. Present were: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlinar, and Kay Peterson. Absent: Council Member Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, Finance Director Kenneth B. Merrill, and City Attorney G. Barry Anderson. ASSESSMENT ROLL NO. 294, LETTING NO. 3, PROJECT NO 94 -03 (LAKEWOOD DRIVE) Engineer Rodeberg addressed the proposed policy for deferral of the water and sewer system assessment until the property begins use of the system. He suggested a 10 year deferral period. Attorney Anderson stated that when the assessment is deferred for 10 years, it is unlikely the property owner will be able to use the existing septic system indefinitely. Under the provisions of the M.S.S. 429.061, "Local Improvements; Assessment Procedure," the federal government regulations may force hook up when it is available. The City Attorney noted the City Council should decide on approving the revised assessment roll and adopt a formal policy on deferral of assessments. Attorney Anderson will draft the City's policy on improvement assessments. Following discussion, Council Member Craig moved that the City Attorney draft a proposal that future sanitary sewer and hook ups on lots which are sellable and buildable be deferred until ready to use, that those properties sharing a lot that can not be developed or sold be treated as one lot for purposes of water and sewer, and that the street and storm sewer assessments remain as calculated, and adopt assessment roll No. 294. Motion seconded by Council Member Mlinar and unanimously carried. The motion to waive reading and adopt Resolutions No. 10278 and No. 10279 and to award contact to Juul Contracting Co. in the amount of $353,900.40 was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. ASSESSMENT ROLL NO. 296, LETTING NO 8. PROJECT NO 94 -09 (ARCH STREET) Following discussion of deferred assessments, the motion to approve and to adopt assessment roll No. 296, to waive reading and adopt Resolutions No. 10280 and No. 10281, and to award contract to Juul Contracting Co. in the amount of $128,734.50 was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. There being no further business, the meeting adjourned at 6:50 P.M. • CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT AUGUST 12, 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 GNMA 865M7 7.363% 2/15/93 8/10/2002 128,077.78 ** Firstate 41 122933 3.70% 11/10/93 11/10/94 400,000.00 Smith Barney 313400 S H 7 5.00% 12/30/93 03/10/00 300,071.92 Firstate 41 121814 8 3.95% 05/12/94 10/13/94 200,000.00 • Marquette 30026421 4.50% 06/16/94 09/15/94 ---- 300,000_00 - -- $2,676,135.95 *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 %) • e' JUNE 1994 CITY OF HUTCHINSON FINANCIAL STATEMENTS 24,519.40 JUNE 1994 21,640.60 53.1% 1994 16,464.60 101,451.90 190,364.00 VENUE REPORT - GENERAL JUNE YEAR TO ADOPTED BALANCE PERCENTAGE 5,925.00 CURRENT DATE ACTUAL BUDGET REMAINING USED TAXES 112,843.05 665,630.08 1,294,497.00 628,866.92 51.4% LICENSES 0.00 0.00 0.00 0.00 ERR PERMITS AND FEES 13,704.94 87,658.27 184,650.00 96,991.73 47.5% INTERGOVERNMENT REVENUE 4,412.00 64,013.19 2,239,548.00 2,175,534.81 2.9% CHARGES FOR SERVICES 76,783.38 327,137.22 875,091.00 547,953.78 37.4% FINES & FORFEITS 2,664.85 19,518.55 56,250.00 36,731.45 34.7% MISCELLANEOUS REVENUES 10,220.65 59,088.68 614,000.00 554,911.32 9.6% CONTRIBUTIONS FROM OTHER FUNDS 800.00 103,800.00 0.00 (103,800.00) ERR REVENUE FOR OTHER AGENCIES 0.00 0.00 0.00 0.00 ERR TOTAL 221,428.87 1,326,845.99 5,264,036.00 3,937,190.01 25.2% EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL 5,100.30 24,519.40 46,160.00 21,640.60 53.1% CITY ADMINISTRATOR 16,464.60 101,451.90 190,364.00 88,912.10 53.3% ELECTIONS 0.00 1,300.00 7,225.00 5,925.00 18.0% FINANCE 19,946.10 143,446.00 276,900.00 133,454.00 51.8% MOTOR VENICE 7,252.50 43,938.60 81,576.00 37,637.40 53.9% SESSING 0.00 0.00 24,300.00 24,300.00 0.0% GAL 4,164.00 25,987.20 55,720.00 29,732.80 46.6% PLANNING 553.30 6,704.60 8,150.00 1,445.40 82.3% POLICE DEPARTMENT 103,176.70 634,547.00 1,287,174.00 652,627.00 49.3% SCHOOL LIAISON OFFICER 3,496.40 20,559.40 38,613.00 18,053.60 53.2% EMERGENCY MANAGEMENT 315.90 52,898.70 1,850.00 (51,048.70) 2859.4% SAFETY COUNCIL 0.00 0.00 250.00 250.00 0.0% FIRE DEPARTMENT 11,458.80 52,757.30 159,273.00 106,515.70 33.1% FIRE MARSHAL 1,328.40 10,862.80 21,163.00 10,300.20 51.3% BUILDING INSPECTION 8,315.30 59,349.00 106,669.00 47,320.00 55.6% ENGINEERING 27,060.40 181,926.10 400,605.00 218,678.90 45.4% STREETS & ALLEYS 29,658.90 192,731.80 448,047.00 255,315.20 43.0% STREET MAINTENANCE A/C 4,724.30 30,744.10 90,200.00 59,455.90 34.1% CITY HALL 7,111.60 79,791.60 67,837.00 (11,954.60) 117.6% PARK /REC ADMIN. 9,760.70 73,443.80 129,730.00 56,286.20 56.6% RECREATION 35,332.50 87,088.80 214,559.00 127,470.20 40.6% SENIOR CITIZENS CENTER 7,197.70 39,143.80 88,263.00 49,119.20 44.3% CIVIC ARENA 3,055.40 99,053.20 145,042.00 45,988.80 68.3% PARK DEPARTMENT 69,524.70 292,341.10 530,795.00 238,453.90 55.1% RECERATION BUILDING & POOL 10,769.10 48,596.40 77,825.00 29,228.60 62.4% STREAMBANK PROGRAM 0.00 0.00 0.00 0.00 0.0% LIBRARY 1,298.60 44,975.40 91,528.00 46,552.60 49.1% CEMETERY 9,726.10 30,209.70 70,606.00 40,396.30 42.8% DEBT SERVICE 700.00 21,779.00 23,900.00 2,121.00 91.1% AIRPORT 10,281.80 29,969.10 56,615.00 26,645.90 52.9% RANSIT 9,455.10 57,875.10 114,125.00 56,249.90 50.7% MMUNITY DEVELOPMENT 4,390.20 30,097.40 63,009.00 32,911.60 47.8% CDP COORD. 2,497.50 2,869.20 0.00 (2,869.20) 010% UNALLOCATED 42,759.30 162,742.30 451,907.00 289,164.70 36.0% TOTAL 466,876.20 2,683,699.80 5,369,980.00 2,686,280.20 43.99 J/ -14.0) i JULY 1994 CITY OF HUTCHINSON FINANCIAL STATEMENTS 46,160.00 JULY 1994 59.5% 15,095.70 1994 190,364.00 73,816.40 61.2% REVENUE REPORT - GENERAL JULY YEAR TO ADOPTED BALANCE PERCEN 174,566.30 ACTUAL DATE ACTUAL BUDGET REMAINING USED TAXES 0.00 665,630.08 1,294,497.00 628,866.92 51.4% LICENSES 0.00 0.00 0.00 0.00 ERR PERMITS AND FEES 24,611.04 112,269.31 184,650.00 72,380.69 60.8% INTERGOVERNMENT REVENUE 971,268.51 1,035,281.70 2,239,548.00 1,204,266.30 46.2% CHARGES FOR SERVICES 49,214.61 376,351.83 875,091.00 498,739.17 43.0% FINES & FORFEITS 3,612.26 23,130.81 56,250.00 33,119.19 41.1% MISCELLANEOUS REVENUES 4,444.77 63,533.45 614,000.00 550,466.55 10.3% CONTRIBUTIONS FROM OTHER FUNDS 88,375.00 192,175.00 0.00 (192,175.00) ERR REVENUE FOR OTHER AGENCIES 0.00 0.00 0.00 0.00 ERR TOTAL EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL CITY ADMINISTRATOR ELECTIONS FINANCE MOTOR VEHICE ASSESSING LEGAL PLANNING POLICE DEPARTMENT SCHOOL LIAISON OFFICER EMERGENCY MANAGEMENT SAFETY COUNCIL FIRE DEPARTMENT FIRE MARSHAL BUILDING INSPECTION ENGINEERING STREETS & ALLEYS STREET MAINTENANCE A/C CITY HALL PARK /REC ADMIN. RECREATION SENIOR CITIZENS CENTER CIVIC ARENA PARK DEPARTMENT RECERATION BUILDING & POOL STREAMBANK PROGRAM LIBRARY CEMETERY DEBT SERVICE AIRPORT TRANSIT COMMUNITY DEVELOPMENT SCDP COORD. UNALLOCATED TOTAL 1,141,526.19 2,468,372.18 5,264,036.00 2,795,663.82 46.9% 2,957.40 27,476.80 46,160.00 18,683.20 59.5% 15,095.70 116,547.60 190,364.00 73,816.40 61.2% 1,377.80 2,677.80 7,225.00 4,547.20 37.1% 31,120.30 174,566.30 276,900.00 102,333.70 63.0% 7,809.50 51,748.10 81,576.00 29,827.90 63.4% 0.00 0.00 24,300.00 24,300.00 0' 4,270.00 30,257.20 55,720.00 25,462.80 5 1,704.60 8,409.20 8,150.00 (259.20) 103. % 113,841.50 748,388.50 1,287,174.00 538,785.50 58.1% 3,014.30 23,573.70 38,613.00 15,039.30 61.1% 38.60 52,937.30 1,850.00 (51,087.30) 2861.5% 0.00 0.00 250.00 250.00 0.0% 18,714.70 71,472.00 159,273.00 87,801.00 44.9% 1,621.10 12,483.90 21,163.00 8,679.10 59.0% 8,653.60 68,002.60 106,669.00 38,666.40 63.8% 34,018.10 215,944.20 400,605.00 184,660.80 53.9% 31,223.70 223,955.50 448,047.00 224,091.50 50.0% 8,952.10 39,696.20 90,200.00 50,503.80 44.0% 6,904.60 86,696.20 67,837.00 (18,859.20) 127.8% 10,288.10 83,731.90 129,730.00 45,998.10 64.5% 40,178.20 127,267.00 214,559.00 87,292.00 59.3% 8,567.20 47,711.00 88,263.00 40,552.00 54.1% 5,977.40 105,030.60 145,042.00 40,011.40 72.4% 58,135.30 350,476.40 530,795.00 180,318.60 66.0% 9,844.50 58,440.90 77,825.00 19,384.10 75.1% 0.00 0.00 0.00 0.00 0.0% 18,815.70 63,791.10 91,528.00 27,736.90 69.7% 5,822.80 36,032.50 70,606.00 34,573.50 51.0% 700.00 22,479.00 23,900.00 1,421.00 94.1% 6,191.80 36,160.90 56,615.00 20,454.10 63.9% 8,859.70 66,734.80 114,125.00 47,390.20 58.5% 4,963.10 35,060.50 63,009.00 27,948.50 5 0.00 2,869.20 0.00 (2,869.20) 0. 70,636.20 233,378.50 451,907.00 218,528.50 51.6% 540,297.60 3,223,997.40 5,369,980.00 2,145,982.60 47.02 EXPENSE REPORT LIQUOR FUND JUNE 1994 CITY OF HUTCHINSON FINANCIAL REPORT - 1994 63,629.50 JUNE 1994 REPAIR & MAINTENANCE ENTERPRISE FUNDS 4,250.00 249.70 94.1% REVENUE REPORT - LIQUOR FUND CURRENT YEAR TO ADOPTED BALANCE PERCENTAG OTHER SERVICE & CHARGES JUNE DATE ACTUAL BUDGET REMAINING USED LIQUOR SALES 47,655.85 274,567.62 555,000.00 280,432.38 49.5% WINE SALES 15,059.31 78,774.06 164,000.00 85,225.94 48.0% BEER SALES 102,950.29 448,709.18 900,000.00 451,290.82 49.9% BEER DEPOSIT (141.83) (108.77) 1,272,654.00 108.77 0.0% MISC. SALES 8,392.65 31,953.46 60,000.00 28,046.54 53.3% LOTTERY SALES 281.75 2,621.62 4,000.00 1,378.38 65.5% INTEREST 216.34 5,979.79 2,000.00 (3,979.79) 299.0% REFUNDS & REIMBURSEMENTS 50.00 50.00 (50.00) 0.0% CASH DISCOUNTS (1,058.79) (4,987.18) (1,500.00) 3,487.18 332.5% TOTAL 173,405.57 837,559.78 1,683,500.00 845,940.22 49.8% EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 10,352.66 60,128.50 123,758.00 63,629.50 48.6% REPAIR & MAINTENANCE 1,019.54 4,000.30 4,250.00 249.70 94.1% CONSULTING 261.99 523.98 2,000.00 1,476.02 26.2% OTHER SERVICE & CHARGES 2,544.44 31,336.04 51,750.00 20,413.96 60.6% DEPRECIATION 0.00 0.00 19,200.00 19,200.00 0.0% DEBT SERVICE 0.00 0.00 35,370.00 35,370.00 0.0% ANSFERS 0.00 0.00 120,000.00 120,000.00 0:0% ST OF SALES 128,412.66 716,809.62 1,272,654.00 555,844.38 56.3% MISCELLANEOUS 3,719.00 5,502.37 6,100.00 597.63 90.2% CAPITAL OUTLAY 1,508.58 10,798.00 15,000.00 4,202.00 0.0% TOTAL 147,818.87 829,098.81 1,650,082.00 820,983.19 50.2% REVENUE REPORT - WATER SEWER /FUND RECYCLE BAGS 384.00 (384.00) 0.0% WATER SALES 54,247.66 272,130.05 540,000.00 267,869.95 50.4% WATER TREATMENT SURCHARGE 1,811.88 (3.30) 0.00 WATER METER 1,144.00 3,424.00 16,000.00 12,576.00 21.4% REFUSE SERVICES 42,320.38 217,310.44 438,000.00 220,689.56 49.6% REFUSE SURCHARGE 4,764.87 24,564.87 51,300.00 26,735.13 47.9% REFUSE STICKER SALES 142.00 533.00 COMPOST CREDIT (547.08) (3,261.27) SEWER SERVICES 171,352.25 847,766.68 1,800,000.00 952,233.32 47.1% PENALTY CHARGES 3,061.48 11,074.53 15,000.00 3,925.47 73.8% INTEREST EARNED 23,730.18 120,000.00 96,269.82 19.8% S C O R E 0.00 116,000.00 116,000.00 0.0% REFUNDS & REIMBURSEMENTS 2,254.37 2,588.36 3,000.00 411.64 86.3% PROCEEDS FROM BOND SALE 2,820.54 (2,820.54) ERR OTHER 12,223.62 14,462.71 2,000.00 (12,462.71) 723.1% 292,775.43 1,417,524.79 3,101,300.00 1,683,775.21 45.7% 40OTAL ,XPENSE REPORT - WATER SEWER /FUND REFUSE 59,889.44 189,065.67 376,640.00 187,574.33 50.2% WATER 33,604.20 386,328.15 960,715.00 574,386.85 40.2% SEWER 56,819.68 953,588.11 3,142,249.00 2,188,660.89 30.3% \ *A F, EXPENSE REPORT LIQUOR FUND JULY 1994 CITY OF HUTCHINSON FINANCIAL REPORT - 1994 54,135.37 JULY 194 REPAIR & MAINTENANCE ENTERPRISE FUNDS 4,250.00 (123.95) 102.9% REVENUE REPORT - LIQUOR FUND CURRENT YEAR TO ADOPTED BALANCE PERCEN OTHER SERVICE & CHARGES JULY DATE ACTUAL BUDGET REMAINING US LIQUOR SALES 53,669.59 328,237.21 555,000.00 226,762.79 59.1% WINE SALES 15,348.43 94,122.49 164,000.00 69,877.51 57.4% BEER SALES 102,757.16 551,466.34 900,000.00 348,533.66 61.3% BEER DEPOSIT 300.33 191.56 1,272,654.00 (191.56) 0.0% MISC. SALES 8,826.64 40,780.10 60,000.00 19,219.90 68.0% LOTTERY SALES 737.00 3,358.62 4,000.00 641.38 84.0% INTEREST 194.98 6,174.77 2,000.00 (4,174.77) 308.7% REFUNDS & REIMBURSEMENTS 0.00 50.00 (50.00) 0.0% CASH DISCOUNTS (1,168.38) (6,155.56) (1,500.00) 4,655.56 410.4% TOTAL 180,665.75 1,018,225.53 1,683,500.00 665,274.47 60.5% EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 9,494.13 69,622.63 123,758.00 54,135.37 56.3% REPAIR & MAINTENANCE 373.65 4,373.95 4,250.00 (123.95) 102.9% CONSULTING 0.00 523.98 2,000.00 1,476.02 26.2% OTHER SERVICE & CHARGES 5,619.79 36,955.83 51,750.00 14,794.17 71.4% DEPRECIATION 0.00 0.00 19,200.00 19,200.00 0.0% DEBT SERVICE 35,950.00 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 150,708.64 867,518.26 1,272,654.00 405,135.74 68.2% MISCELLANEOUS 0.00 5,502.37 6,100.00 597.63 906 CAPITAL OUTLAY 69.10 10,867.10 15,000.00 4,132.90 0 TOTAL 202,215.31 1,031,314.12 1,650,082.00 618,767.88 62.5% REVENUE REPORT - WATER SEWER /FUND RECYCLE BAGS 6.00 390.00 (390.00) 0.0% WATER SALES 45,311.07 317,441.12 540,000.00 222,558.88 58.8% WATER TREATMENT SURCHARGE 1,233.88 1,230.58 0.00 WATER METER 1,500.00 4,924.00 16,000.00 11,076.00 30.8% REFUSE SERVICES 24,571.22 241,881.66 438,000.00 196,118.34 55.2% REFUSE SURCHARGE 2,792.45 27,357.32 51,300.00 23,942.68 53.3% REFUSE STICKER SALES 88.00 621.00 COMPOST CREDIT (346.62) (3,607.89) SEWER SERVICES 133,112.14 980,878.82 1,800,000.00 819,121.18 54.5% PENALTY CHARGES 1,081.46 12,155.99 15,000.00 2,844.01 81.0% INTEREST EARNED 3,904.66 27,634.84 120,000.00 92,365.16 23.0% S C O R E 0.00 0.00 116,000.00 116,000.00 0.0% REFUNDS & REIMBURSEMENTS 50.25 2,638.61 3,000.00 361.39 88.0% PROCEEDS FROM BOND SALE 0.00 2,820.54 (2,820.54) ERR OTHER 41,481.76 55,944.47 2,000.00 (53,944.47) 2797.2% TOTAL 254,786.27 1,672,311.06 3,101,300.00 1,428,988.94 53.9% EXPENSE REPORT - WATER SEWER /FUND REFUSE 62,112.80 251,178.47 376,640.00 125,461.53 660 WATER 61,066.60 447,394.75 960,715.00 513,320.25 46.6% SEWER 56,916.55 1,010,504.66 3,142,249.00 2,131,744.34 32.2% TOTAL 180,095.95 1,709,077.88 4,479,604.00 2,770,526.12 38.2% MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, July 19, 1994 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Vice Chairman Dean Wood at 5:30 p.m. with the following members present: April Brandt, Glenn Matejka, Roger Gilmer, Craig Lenz, Bill Craig and Vice Chairman Wood. Absent: Chairman Clint Gruett. Also present: City Administrator Gary Plotz, City Attorney G. Barry Anderson and GIS Coordinator Larry Huhn. 2. CONSIDERATION OF MINUTES OF REGULAR MEETING DATED JUNE 21. 1994 Ms. Brandt made a motion to approve the minutes dated June 21, 1994, seconded by Mr. Gilmer the motion carried unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF VARIANCE REQUESTED BY NEIL WHALEN TO REDUCE SIDEYARD SETBACK ON PROPERTY LOCATED AT 546 HASSAN ST Vice Chairman Wood opened the hearing at 5:31 p.m. with the reading of publication #4690 as published in the Hutchinson Leader on Thursday, July 7, 1994. The request is for the purpose of considering a variance to reduce sideyard setback from 6' to 3' for construction of garage located at 546 Hassan St. City Administrator Gary Plotz commented on the hardship as the gas line runs through the property. He stated the Hutchinson Utilities recommends not moving the gas line and city staff recommends approval of the request. Mr. Matejka moved to close the hearing, seconded by Mr. Lenz the hearing closed at 5:34 p.m. Mr. Matejka made a motion to recommend approval of the variance. Seconded by Mr. Lenz the motion carried unanimously. b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY TIM EAKINS, SKYDIVE HUTCHINSON, FOR CONSTRUCTION OF BUILDING IN I/C DISTRICT Vice Chairman Wood opened the hearing at 5:35 p.m. with the reading of publication # 4691 as published in the Hutchinson Leader on Thursday, July 7, 1994. The request is for the purpose of considering a conditional use permit to construct an 86' x 64' building for a sky diving business located at 760 Airport Rd. City Administrator Plotz explained the request for a conditional use permit being necessary in an I/C district and also the building is a pole building. Mr. Tim Eakins, Skydive Hutchinson, presented drawings of the building and commented on the proposal stating there would be temporary living quarters in the building. The building would also house a hangar, office, storage, video room and training room. / —A (-'� HUTCHINSON PLANNING COMMISSION MINUTES 7/19/94 City Administrator Gary Plotz commented on the residential use of the property as temporary. He explained this use is not permitted in an I/C district. Mr_ Eakins commented on his review of the plan review from Building Official Jim Marka and stated he has a problem financing hardsurface parking at this time. City Attorney Barry Anderson explained the motion should have language setting a limitation on the length of time there can be a residence in the building an also stating the timeline for the hardsurface parking. He suggested a 3 year limitation. Mr. Craig moved to close the hearing, seconded by Mr. Lenz the hearing closed at 5.56 p.m. Mr. Craig made a motion to recommend approval of the request subject to review of the conditional use permit by the Planning Commission in 3 years concerning the hardsurfaced parking and living quarters and also subject to the plan review and recommendations by city staff dated July 1, 1994. C) CONSIDERATION OF VARIANCE REQUESTED BY BRUCE NAUSTDAL FOR REDUCTION OF LOT SIZE ON FOUR LOTS IN LAKEWOOD ESTATES PLAT Vice Chairman Dean Wood opened the hearing at 5A7 p.m. with the reading of publication .4692 as published in the Hutchinson Leader on Thursday, July 7, 1994 The request is for the purpose of considering a variance to reduce lot depth on four lots in Lakewood Estates plat on Lakewood Dr. Citv Administrator Gary Plotz commented on the depth of lots as the former ordinance permitted and the request for appropriate depth lots in this plat. Mr- Lenz moved to close the hearing, seconded by Ms- Brandt the hearing closed at 5.50 p.m. Mr. Lenz made a motion to recommend approval of the variance. Seconded by Mr. Gilmer the motion carried unanimously. d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MIKE JASTER TO MOVE 20' X 24' GARAGE TO PROPERTY LOCATED AT 230 LYNN RD. Vice Chairman Wood opened the hearing at 5:51 p.m. with the reading of publication # 4693 as published in the Hutchinson Leader on Thursday, July 7, 1994. The request is for the purpose of considering a conditional use permit to move a 20' x 24' garage to property located at 230 Lynn Rd. City Administrator Plotz explained the garage is on Glen St. and being moved to Lynn Rd. Mr. Mike Jaster stated the route would be 4 1/2 blocks. He explained Building Official Jim Marka is requesting written response from the Utilities, Cable T.V., Telephone, etc. Mr. Jaster explained the location of the garage on the lot and is asked if it could deviate from the setback 2" to average out with the house. E HUTCHINSON PLANNING COMMISSION MINUTES 7/19/94 Mr. Lenz moved to close the hearing, seconded by Ms. Brandt the hearing closed • at 5:58 p.m. Mr. Lenz made a motion to recommend approval of the request not to include the 2" deviation. Seconded by Mr. Matejka the motion carried unanimously. e) CONSIDERATION OF PETITION BY DAVID BROLL TO VACATE EASEMENTS LOCATED rN NEWLY PLATTED BROLUS FIRST ADDITION Vice Chairman Wood opened the hearing at 5:59 p.m. with the reading of publication #4694 as published in the Hutchinson Leader on Thursday, July 7, 1994, and Tuesday, July 12, 1994. The request os for the purpose of considering a petition to vacate easements in the newly platted Broll's First Addition. Mr. Plotz commented on the replat of the property which would require all easements to be vacated as platted in the original plats. Mr. Craig moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 6 01 p.m %lr Craig made a motion to recommend approval of the request subject to staff recommendation noting relocation of any infrastructure at developer's expense. Seconded by Ms. Brandt the motion carried unanimously. f) CONSIDERATION OF PRELIMINARY AND FINAL. PLAT OF "CENTURY COURT" NORTH OF FAIR GROUNDS SUBMITTED BY BRIAN SOLSRUD, AUGUSTA BUILDING CORP. Vice Chairman Wood opened the hearing at 6:02 p m. with the reading of publication # 4695 as published in the Hutchinson Leader on Thursday. July 7, 1994. The request is for the purpose of considering a preliminary and final plat of Century Court as submitted by Brian Solsrud, Augusta Building Corporation. City Administrator Gary Plotz commented on staff recommendations. Mr. Brian Solsrud, Augusta Building Corporation, explained his request and stated RCM is addressing the city engineer's requirements. Mr. Huhn stated the changes appear to address the staff concerns. Mr. Frank Loncorich, representing his mother, Edna Loncorich, 835 Chicago Ave., commented on concerns they have with the request of multi- family units in that area. They would object to rental units on the property which is near single family development. Mr Craig stated that R -3 zoning is appropriate for multi - family use such as these luxury townhouse units. Mr. Solsrud presented drawings of the units which he explained are two story units and not subsidized housing. Mr. Jerry Gassman, 825 Chicago Ave., stated he is concerned with low income 3 HUTCHINSON PLANNING COMMISSION MINUTES 7/19/94 housing in the area. Mr. Solsrud stated again these will be luxury units. There was discussion on the upkeep of the property and the people who would be living there. City .Administrator Plotz commented on the history of the zoning on the property which has been R -3 from the beginning. Mr. Craig moved to close the hearing, seconded by Mr. Gilmer the bearing closed at 6:19 p m Mr. Craig made a motion to recommend approval of the request subject to staff recommendations of July 1, 5 and 6. Seconded by Mr. Gilmer the motion carried unanimously. g) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY BRIAN SOLSRUD FOR CONSTRUCTION OF 7 EIGHT- PLEXES LOCATED IN CENTURY COURT PLAT Vice Chairman Wood opened the hearing at 6:20 p.m. with the reading of publication x4696 as published in the Hutchinson Leader on Thursday, July 7, 1994. The request is for the purpose of considering a conditional use permit to construct seven 8 -piex units in the R -3 District platted as Century Court. City Administrator Gary Plotz explained that in R -3 districts a conditional use permit is required for 4. 6 or 8 plea units. . City Attorney Barry Anderson explained the approval of the conditional use permit is not tied to the approval of tax increment financing. Mr. Craig moved to close the bearing, seconded by Mr. Lenz the bearing closed at 6:21 p.m. Mr Craig made a motion to recommend approval of the request subject to staff recommendations. Seconded by Mr. Lenz the motion carried unanimously. h) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTIONS 8.04, 8.05, 8.06 AND 10.03 REGARDING GARAGE SQUARE FOOTAGE Vice Chairman Wood opened the hearing at 6:22 p.m. with the reading of publication 44698 as published in the Hutchinson Leader on Thursday, July 7, 1994. The request is for the purpose of considering an amendment to the zoning ordinance regarding garages in residential districts. City Administrator Plotz explained the Mayor asked staff to check into the regulations of garages in residential districts at the time of new construction. He explained the proposal by staff. Discussion followed on requiring garages at the time of new construction. Is Mr. Craig moved to close the hearing, seconded by Mr. Lenz the hearing closed at 6:27 p.m. W. Craig made a motion to reject the request. Seconded by Mr. 0 HUTCHINSON PLANNING CONMESSION MINUTES 7/19/94 Lenz the motion carried unanimously. Mr. Craig made a motion directing staff to rewrite the change stated the site plan for new home construction shall include proper space to accommodate a minimum of a 400 sq. ft. garage on the property, seconded by Mr. Lenz the motion carved unanimously. 4. OLD BUSINESS a) DISCUSSION OF A- NIENDMENT TO ZONING ORDINANCE REGARDING AMATEUR ANTENNA HEIGHT REQUIREMENTS City Attorney Anderson updated the Planning Commission on the proposed language regulating antenna height. He stated in his research he found there is a debate in the federal courts regarding local regulations of antenna height. Mr. Craig made a motion to continue the request to .August, seconded by Mr. Gilmer the motion carried unanimously. b) RECONSIDERATION OF VARIANCE REQUESTED BY JOE DOOLEY IN ACOM-A, TWP. (2 MILE RADIUS) City Administrator Gary Plotz commented on the staff recommendation and the county recommendation of denial of the request. • .After discussion and review of the countv action. Mr Craig moved to reject the request to remove the item from the agenda, seconded by Mr Lenz the motion carried unanimously. c) UPDATE OF COMPREHENS17VE PLAN SCHEDULE Mr. Plotz reported Jim Marka will report on the update in August. Mr. Craig suggested staff contact the chairmen of the committees reminding them the city is waiting for input from their committees. 5. NEW BUSINESS a) CONSIDERATION OF FINAL PLAT OF "LAKEWOOD ESTATES" SUBMITTED BY BRUCE NAUSTDAL City Administrator Gary Plotz commented on the plat. Mr. Huhn explained the requirement for a 20' easement. Mr. Lenz made a motion to approve the final plat with staff recommendations, seconded by Mr. Craig the motion carried unanimously. b) REVIEW AND RECOMMEND FOR CITY COUNCIL TO HOLD PUBLIC HEARING ON REVISED SUBDIVISION ORDINANCE City Administrator Plotz explained the primary change to the ordinance would 5 HUTCHINSON PLANNING COMMISSION MINUTES 7/19/94 include the bike/pedestrian paths in new developments. Discussion followed on the plans for paths in new developments. Mr Craig made a motion to recommend a public hearing be held by City Council to amend the City Subdivision Ordinance #466. (Chapter 12 of the Municipal Code). Seconded by Mr. Lenz the motion carried unanimously. C) RENEW PLANNING BUDGET To be discussed at August meeting. d) DISCUSSION OF REQUEST BY CRAIG JOHNSON FOR DRIVEWAY ON 912 LEWIS AVE Mr. Plots explained the background of the request for a driveway and ordinance regulations regarding hardsurfacing. City Attorney Anderson stated the permit can be issue for the driveway without the hardsurface based on the current ordinance. e) PRESENTATION BY WEST CENTRAL INDUSTRIES FOR THE "COKE" BUILDING Mr Dick Lennes, H.C.D.C., explained the interaction between West Central • Industries and H C D.C. He introduced Mr Gary Neilson and Mr. John Winge from West Central Industries and Mr- Arlin Kirchoff, 3M - Mr Winge explained the program to serve mentally handicapped persons in the Hutchinson area. He stated the program has support from industry in Hutchinson and the West Central Industries board. Discussion followed on the site and the possibility of rezoning. Mr. Winge explained the building will need to be handicap accessible. He defined light non- process manufacturing and discussed the shipping methods. City Attorney Barry Anderson commented on the history of the zoning ordinance regarding non - conforming use of land which can be sold with restrictions. He suggested an UC zone would be appropriate for the property since the ordinance required a conditional use permit on all I/C District property. City Administrator Gary Plotz explained West Central would have the right to occupy the building with no rezoning if they leased the property. He stated the use proposed is less intense than other uses that could be permitted. f) COMMUNICATION FROM STAFF None 0 2 HUTCHINSON PLANNING COMMISSION MINUTES 7/19/94 6. ADJOURNMENT The meeting adjourned at 7:25 p m. �J 0 7 DAVID B. ARNOLDI � AI50 ADMITTED IN T£Xd5 dVD VEW YOAR 1A15V ADMITTED IN N'ISCONSIY August 8, 1994 AR:�TOLD Si McDOWELL ATTORNEYS AT LAw 101 PARK PLACE H cTcHiNSOV, MINNESOTA 55350 -2563 X612. :587-7575 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 FAX 612 587-4096 RESIDENT ATTORNEY O.BARRY ANDERSON Re: Assessment Issues Our File No. 3188-94271 OF COUNSEL WILLIAM W, CAMERON HAYMOND C. LALLIER 3881 CEDAR TARE ROAD MINNEAPOLIS, MINNESOTA 53418 :612545 -9000 FAX 612 545 -1783 501 SOUR FOURTH STREET PRINCETON, MINffiESOTA 53371 1012 389-2214 FAX 612'389 -5508 • Dear Gary: On Thursday, August 4, 1994, I had a telephone conversation with Ann Hahn regarding the Lakewood Drive assessments. As you know, Mr. and Mrs. Hahn were not amount those individuals who filed written objections at or before the close of the public hearing in connection with this project and thus, under a strict interpretation of Chapter 429, they are not entitled to press a claim for an appeal of the assessment to the District Court. I indicated to Mrs. Hahn that, in my opinion, the only remedy they had regarding this problem is to secure from the Council a waiver of the requirement for a written objection or the adoption by the Council of the position that oral objections will be treated as satisfying the purpose of Chapter 429. The Council is not required to waive this requirement, but since the request has been made, I am bringing it to the Council's attention. I suggested to Mrs. Hahn that this matter be placed on the agenda for T-.lgust 23 which would allow the Hahns sufficient time following the meeting to review their position with an attorney and to file an appeal if they felt it meritorious within the 30 days of the adoption of the assessment roll. Since the assessment roll was adopted on Tuesday, August 2, 1994, the last day to file an appeal would be at the close of business on September 1, 1994. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION (,..J loci) "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION t GARY D. McDOWELL STEVEN A. ANDERSON O. BARRY ANDERSON" STEVEN S. HOGE LAURA E. FRETLAND DAVID A. RRUEGGEMANN PAUL D. DOVE •' JOSEPH M. PAI£MENT+ RICHARD G. MIGE£ CATHRYS D. REHER DINA M. BRANDT BHETT D. ARNOLD � AI50 ADMITTED IN T£Xd5 dVD VEW YOAR 1A15V ADMITTED IN N'ISCONSIY August 8, 1994 AR:�TOLD Si McDOWELL ATTORNEYS AT LAw 101 PARK PLACE H cTcHiNSOV, MINNESOTA 55350 -2563 X612. :587-7575 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 FAX 612 587-4096 RESIDENT ATTORNEY O.BARRY ANDERSON Re: Assessment Issues Our File No. 3188-94271 OF COUNSEL WILLIAM W, CAMERON HAYMOND C. LALLIER 3881 CEDAR TARE ROAD MINNEAPOLIS, MINNESOTA 53418 :612545 -9000 FAX 612 545 -1783 501 SOUR FOURTH STREET PRINCETON, MINffiESOTA 53371 1012 389-2214 FAX 612'389 -5508 • Dear Gary: On Thursday, August 4, 1994, I had a telephone conversation with Ann Hahn regarding the Lakewood Drive assessments. As you know, Mr. and Mrs. Hahn were not amount those individuals who filed written objections at or before the close of the public hearing in connection with this project and thus, under a strict interpretation of Chapter 429, they are not entitled to press a claim for an appeal of the assessment to the District Court. I indicated to Mrs. Hahn that, in my opinion, the only remedy they had regarding this problem is to secure from the Council a waiver of the requirement for a written objection or the adoption by the Council of the position that oral objections will be treated as satisfying the purpose of Chapter 429. The Council is not required to waive this requirement, but since the request has been made, I am bringing it to the Council's attention. I suggested to Mrs. Hahn that this matter be placed on the agenda for T-.lgust 23 which would allow the Hahns sufficient time following the meeting to review their position with an attorney and to file an appeal if they felt it meritorious within the 30 days of the adoption of the assessment roll. Since the assessment roll was adopted on Tuesday, August 2, 1994, the last day to file an appeal would be at the close of business on September 1, 1994. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION (,..J loci) "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION t Mr. Gary D. Plotz August 8, 1994 Page 2 Accordingly, I would ask that you place this matter on the agenda for the August 23, 1994 City Council meeting and we can discuss it further at that time. Thank you. Best regards. Very truly yours, ...• M. G. 7aNYy" Anaerson GBA:lm CC Mr. and Mrs. Vernon Hahn • • C. August 19, 1994 MEMO r• v_• w •j �4i • M rx'vix -e- .ter :ire._ ;NW70 -- s i - Councilmember Bill Craig, Kate Peterson and staff personnel John Rodeberg and myself met to review the policy for assessing newly annexed previously platted property. Attached is the proposed policy which would be used on all such properties and would be used to compute the Lakewood Drive assessment. City Hall 37 Washington Avenue West (612)587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - r,;i, ted m, wcuc lei i vnnrr - Police Departnv 10 Franklin Street. (612) 587 -2241 q b(<) C August 19, 1994 CITY OF HUTCHINSON ASSESSMENT POLICY CITY POLICY FOR NEWLY ANNEXED PLATTED LAND Definitions LOT SIZE Determined by city engineer to allow for different shapes (e.g. cul -de -sac) lots in a development which would net to lot sizes for assessing on a comparable and fair basis. BUILDABLE LOT Land which abuts property with structure located • but could be at some time in future subdivide into a separate lot the size of which will be defined by city engineer for assessment purposes. DEFINED FRONTAGE Lots or adjacent lots, under one ownership. FRONT FOOTAGE (or frontage) Shall be an " adjusted front footage" to compensate for irregular (nonrectangular) lot shapes. See "lot size" POLICIES LOTS WITH CERTIFIED SEPTIC SYSTEMS The City of Hutchinson will defer the water and sewer system assessment until the property begins use of the system. (Water and sewer systems will not be allowed separate installation.) The property must be in compliance with current Hutchinson's City Center Parks & Recreation Police 111 Hassan Street SE 900 Harrington Street SW 10 Frankli. Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, M (612) 587 -5151 (612) 587 -2975 (612) 52 \ Fax(612)234 -4240 Fax(612)234 -4240 Fax (612). Q 60 - Printed on remled paper- • shoreline ordinance and all other applicable state, and federal laws. The deferment shall be until the earlier of construction of a structure on the lot or until system no longer can be certified. The deferred assessment shall have bear simple interest compounded annual on the original amount, interest rate shall be that of the bond issued for the project. In year 11 the property owner shall have the option of paying the amount in full or spreading said assessment including accumulated interest over a 10 year period at an interest rate set by city policy (currently 50) LOT SIZE LESS THAN 250 FEET OF DEFINED FRONTAGE Lots shall be assessed base upon current city policy. Street, curb, gutter, water, sewer, and storm water assessment would be assessed and implement immediately as similar type assessment. (Assessment can be spread over 10 years at the net interest rate of the bonds sold for the project.) • LOT SIZE GREATER THAN 250 FEET OF DEFINED FRONTAGE Plated Property with frontage greater than 250 feet shall be able to defer street, storm sewer, curb, gutter, watermain, and sewer on that portion of the lot which is determined to be a separate buildable lot. The deferment shall be until the earlier of construction of a structure on the lot or 10 years which every comes first. The deferred assessment shall bear simple interest compounded annual on the original amount, interest rate shall be that of the bond issued for the project. In year 11 the property shall have the option of paying the amount in full or spreading said assessment including accumulated interest over a 10 year period at an interest rate set by city policy (currently 5%) That part of the lot not deferred as defined above shall be assessed as described for lots less than 250 feet. y b(l) • RESOLUTION NO. 10300 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR I I The following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR 8500 gal 100° LL Aviation fuel 10,548 Resale Airport Yes AV Fuel Date Approved: SMotion made by: Seconded by: Resolution submitted for Council action by: yea) CITY OF HUTCHINSON PURCHASE REQUISITION i M r u. r ACCOUNT NUMBER - SUBMITTED BY - i" DATE - t%s� BUDGETED? es No If No Funds will come from)- DATE WANTED ��q I PURCHASE ORDER NO. - ��}' APPROVED: Director - inance Director - /0— * # * *xtx # #ttxx CITY OF HUTCHINSON VENDOR NAME: (% r4l r5 Gi SHIP TO: Attn: _I Address if VENDOR ADDRESS: OTHER THAN City Hall: QUANTITY � DESCRIPTION' IINTT COST TOTAL Check if only source available and GRAND TOTAL �Z place reason in counent section on back. �� 3 VENDOR NAME: SHIP TO: CITY OF HUTCHINSON . Attn: Address if VENDOR ADDRESS: r \NCHr�fi l (:R � �rl P I I T QUANTITY DESCRIPTION 11NTT MST THAT. GRAND TOTAL *ADDITIONAL QUOTES & COMMENTS ON REVERSE SIDE / o /o. I GRAND TOTAL *ADDITIONAL QUOTES & COMMENTS ON REVERSE SIDE • RESOLUTION TO RESTRICT PARKING ON ROBERTS ROAD IN THE AREA OF THE HUTCHINSON SENIOR HIGH SCHOOL Resolution No. 10301 WHEREAS, the Hutchinson School District has requested the city to restrict parking on the south side of Roberts Road directly in front of the Hutchinson Senior High School; AND WHEREAS, the Chief of Police and Director of Engineering have reviewed the request and agree that parking restrictions are needed; AND WHEREAS, pursuant to Section 7, subdivision 1 of the city code, the Hutchinson City Council has authority to establish parking restrictions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Hutchinson City Council hereby establishes the following locations as "No Parking 7:00 a.m. to 3:00 p.m ". • On the south side of Roberts Road beginning at School Road and ending at the west entrance of the "circle drive" then beginning again at the east entrance of the "circle drive" and ending at the east property line of the Hutchinson High School. 2. The Hutchinson City Council hereby establishes the following location as "1 Hour Parking ". On the south side of Roberts Road in the area directly in front of the .'circle drive" located in front of the Hutchinson Senior High School. Adopted by the City Council this day of August, 1994. City Administrator Is Mayor q bw 1] N M E M O R A N D U M DATE: Aug 23rd, 1994 TO: Mayor & City Council FROM: Water Billing Department SUBJECT: Delinquent water & sewer accounts for the month of Aug Attached is a listing of the delinquent water and sewer accounts for the month of Aug. Recommend service be discontinued on Monday, Aug 29th, 1994 at Noon. • 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 - Printed on recycled paper - Police Services /// 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 1- 480 -0504 -083 3- 060 - 0244 -071 Dan Menard Ida Pendergraft H J Jones • 1095 Jefferson St S 244 Fourth Av NW 607 Third Av SE Hutchinson MN 55350 Hutchinson MN 55350 1 .81 504 Hassan St S 244 Fourth Av NW 405 Franklin St S 158.48 31.24 Miles Willhite CC: Neil Wiggert 136 11th Ave NE 16316 200th St 3- 065 - 0535 -001 136 11th Ave NE Hutchinson MN 55350 Tim Stevens Promises 9/14/94 535 Fourth Av SE Hutchinson MN 55350 3- 075- 0141 -046 535 Fourth Av SE Brent Donner 194.81 Apt B1 215 Fourth Av NE Hutchinson MN 55350 3- 065 - 0546 -071 141 Fifth Av NE Charles Fairbanks 113.33 546 Fourth Av SE CC: Charleen Anderberg Hutchinson MN 55350 141 Fifth Av NE 546 Fourth Av SE Hutchinson MN 55350 46.63 Total Closing bill= 186.86 cc: Billett /Larson 640 Adams St 3- 030 - 0646 -082 Hutchinson MN 55350 Jack Krippner Promises 8/25/94 646 Second Av SE Hutchinson MN 55350 3- 080 - 0221 -001 646 Second Av SE Craig Hardel 122.78 221 Fifth Av NW CC: Vicky Klabunde Hutchinson MN 55350 Rt 1 Box 218 221 Fifth Av NW Brownton MN 55312 123.13 8/as 3 -045- 0439 -021 3 -080- 0250 -041 Raymond Ladd Vance Haugen 439 Third Av SE 250 Fifth Av NW Hutchinson MN 55350 Hutchinson MN 55350 439 Third Av SE 250 Fifth Av NW 126.77 108.81 3- 0445- 0607 -089 3 120- 0055 -034 Dan Menard Sa es Waldrath 607 Third Av SE 55 nth Av N Hutchinson MN 55350 Hutch so 55350 607 Third Av SE 55 Ni Av NE 36.28 1 .81 CC: Kurt Rischmiller 405 Franklin St S 3- 130 - 0136 -04 Hutchinson MN 55350 Miles Willhite Promises 9/6/94 136 11th Ave NE Hutchinson MN 55350 136 11th Ave NE 189.81 Promises 9/10/94 . I 3 -210- 0105 -046 3- 250- 0514 -001 Mike Carter Heath Lindquist 105 Adams St S 514 Bluff St Hutchinson MN 55350 Hutchinson MN 55350 105 Adams St S 514 Bluff St 82.88 139.66 CC: Hutch Iron & Metal Promises $70 8/26,$70 9/02 304 1St Av SE Hutchinson MN 55350 3- 250 - 0544 -041 Promises 8/26/94 Lillian Zajicek 544 Bluff St 3- 210 - 0326 -071 Hutchinson MN 55350 Dennis Gregor 544 Bluff St 326 Adams St S 16.40 Hutchinson MN 55350 326 Adams St S 3 -275- 0486 -054 157.32 Vance Woller 486 California St 3- 210 - 0551 -033 Hutchinson MN 55350 Michael Keeler 486 California St 551 Adams St S 165.51 Hutchinson MN 55350 551 Adams St S 170.66 3- 275- 0704 -011 3 -210- 0595 -013 Randy Norcutt David Hickle 704 California St 595 Adams St S Hutchinson MN 55350 Hutchinson MN 55350 704 California St 595 Adams St S 50.00 100.00 Promises 8/26/94 3- 530 - 0712 -021 Vince Jahner 3 -227- 0711 -011 712 Hilltop Dr Randy Jaster Hutchinson MN 55350 711 Arizona St 712 Hilltop Dr Hutchinson MN 55350 175.62 711 Arizona St cc: James Schlagel 69.44 656 Juul Rd CC: Triple H & O Hutchinson MN 55350 c/o Lorne Helland PO Box 1313 3- 560 - 0443 -012 300 Litchfield Av David Pfeiler Willmar MN 56201 443 James St Hutchinson MN 55350 3 -230- 0628 -082 443 James St Dennis Getz 10.00 626 Ash St Hutchinson MN 55350 3 -560- 0452 -095 628 Ash St Steve Dettman 158.06 452 James St cc: Harvey Getz Hutchinson MN 55350 • 100 Oakland Av 452 James St Hutchinson MN 55350 19.05 3- 655- 0680 -092 3- 795 -0105 -071 Joseph Jorgenson Tom Carrigan 680 Lindy Ln 105 Pauls Rd Hutchinson MN 55350 Hutchinson MN 55350 680 Lindy Ln 105 Pauls Rd 113.22 76.23 3- 680 - 0434 -077 3- 800 - 0575 -012 Michael Saxton Rodney Markgraf 434 Main ST N 575 Peterson Cir Hutchinson MN 55350 Hutchinson MN 55350 434 Main St N 575 Peterson Cir 186.78 195.44 CC: Robert Hornick 6020 Stoneybrooke Ct 3- 870- 0707 -071 Minnetonka MN 55343 Jeff Hart 707 Shady Ridge Rd 3 -680- 0877 -011 Hutchinson MN 55350 Sharon Sauter 707 Shady Ridge Rd 877 Main St N 175.97 Hutchinson MN 55350 877 Main St N 3- 980 - 1359 -031 90.75 Greg Hanson CC: Bruce Crosby 1359 Westwood Rd 879 Main St N Hutchinson MN 55350 Hutchinson MN 55350 1359 Westwood Rd Promises 9/9/94 9.09 • 3- 735 - 0336 -011 Dale Schlueter 336 Monroe St S Hutchinson MN 55350 336 Monroe St S 183.22 Promises 8/29/94 3 -735- 0540 -031 James Deragon 540 Monroe St S Hutchinson MN 55350 540 Monroe St S 206.00 Promises 8/25/94 3- 765 - 0810 -092 David Laine 810 Oak St Hutchinson MN 55350 810 Oak St 126.45 Promises 1/2 -Aug 25th,1 /2 -Sept 1 • 9 C DATE: August 17, 1994 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF REZONING FROM R -2 TO I/C LOCATED ON HWY 15 REQUESTED BY VIKING COCA -COLA AND WEST CENTRAL INDUSTRIES Pursuant to Sections 8.13 and 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 July 26, 1994, Viking Coca -Cola and West Central Industries, submitted a request to rezone property from R -2 (Multiple Family Residence District) to I/C (Industrial /Commercial District) property located on Hwy 15 S. A hearing was held at a regular meeting of the Planning Commission on Tuesday, August 16, 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, August 4, 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, 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 (612) 587 -2242 Fax(612)234 -4240 Fax(612)234 -4240 Fax(612)587 -6427 1l PUBLICATION NO. 4706 PUBLISHED IN THE HUTCHINSON LEADER: Thursday, August 4 1994 NOTICE OF PUBLIC HEARING To Whom it May Concern: Notice is hereby given that a public hearing will be held on Tuesday, August 16, 1994, at 5:30 p.m. in the council chambers at City Hall for the purpose of considering a request by Viking Coca - Cola and West Central Industries to rezone from R -2 (Multiple Family Residence) to I/C (Industrial /Commercial District) located at 900 Hwy 15 S, with the following legal description: Legal Description: Westerly 41.25' of Lot 11, and the Westerly 41.25' of Lot 12 and Lot 15 Auditors plat South 1/2 6- 116 -29 This hearing will be held by the Planning Commission of the City of Hutchinson. At such hearing, all interested persons may be heard. If you would desire to appeal the Planning Commission's recommendation, you can take your request to the City Council, which has the power to overrule the decision of the Planning Commission. 0 August 1, 1994 {! Dated City AVmini rator MILWAUKEE AVENUES -v- m , to a I 1 to �---� alxn] ' _ __ • ] W ] • ] W • ] W k ] ' ] Q t • m °' jpr- u�i� ♦ , • t � f ] 0 f f f MILLER AVENUE 4 ] 10 1 1Y IG ! 1 Z 1 f , • S 1 2 J 1 I ; z 7)x A , • ] D • ] W h • ] aQ f ] • b i ♦ V 1 ♦ W ) ♦ 'L p if _ ]p LINDEN AVENUE 1. 1 I > ]_ = AREA TO ] ] BE REZONED I/C i OT f R o p x� ) a ✓ -ate a�� . • y d SECTION 4t NON - CONFORMING LOTS# DSES MM BTRUCTOREi • 4.01 INTENT - - - - - Within the districts established by this- Ordinance or amendments - that may later be adopted, fhere exist lots structures and uses of land and structures which- wets - lawful before this Ord Hance was assed or amended, but which would be prohibited under the terms o this Ordinance or future amendment. It is the intent of this Ordinance to ohase out such non- full economic value. Such uses are declared by this Ordinance to be incompati a with permitted uses in the districts involved. It is further the inter ofiis r Hance a nonconformities shall not be enlarged upon, expanded or extended, not be used as grounds for a3aing— o`E�r structures ohibited elsewhere in the same district. However, in the case that the structure itself is now nonconforming as to the special setback requirements, but was built in accordance with the 1.962 City of Hutchinson Zoning Ordinance, that structure might be granted a Conditional Use Permit to expand, providing that expansion, would not be violating the provisions of the 1962 Ordinance and when it appears that such issuance of a Conditional Use Permit is in the best interest of the City and the public. • A non - conforming use of a structure, a non - conforming use of land or a non- conforming use of a structure and land shall not be extended or enlarged after passage of this Ordinance by attachment of additional signs to a building, or the placement of additional signs to a building, or the placement of additional signs or display devices on the land outside the building, or by the addition of other uses, if such additions are of a nature which would be prohibited generally in the district involved. To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved. 4.02 NON- CONFORXIN0 LOTS OF RECORD In any district in which single family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Ordinance, a single family dwelling and customary accessory building may be erected on ,any single lot of record at the effective date of adoption or amendment of this Ordinance. This provision shall apply even though such lot fails to meet the requirements for area, width or depth that are generally applicable in the Zoning District, provided that other requirements not MH cJ .! Section 4 Non - Conforming Uses involving lot dimensions or area of lot shall conform to the regulations for the District in which such lot is located Variance of yard dimensions and other requirements shall obtained only through action of the City Planning Commission. Existing platted lots and lot splits prior to 1/1/92 do not need a variance for compliance with dimensional tabulations. 4.03 NON- CONFORKINQ USES OF LAND Where, at the effective date of adoption or amendment of this Ordinance, lawful use of land exists that is no longer permissible under the terms of this Ordinance as enacted or amended such use may be continued so long as it remains otherwise lawful, subject to the following provisions: A. No such non - conforming use shall be enlarged or increased, nor extended__to occupy a greater area of -land than vas occupied at the effective date of adoption or amendment of this Ordinance. B. No such non - conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Ordinance. C. If any such non - conforming use of land ceases for any reason for a period of more than ninety days, any subsequent use of such land shall conform to the regulations specified by this • Ordinance for the district in which such land is located. D. Any lawful, non - conforming use of land not involving a structure permanently affixed to the ground, and any lawful non - conforming use involving such a structure with an Assessor's full and true valuation upon the effective date of this Ordinance of $2,000 or less may be continued for no longer than a period of 36 months. 4.04 NON- CONFORKINQ STRUCTURES If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this Ordinance that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: A. No. such structure may be enlarged, extended, converted, reconi-f-rii6-C�&-o-r--s—t—ru—c-t—u—r-alTy--a-rt-4;-r--e-<T unless the use of the structure is changed to one permitted within the district in which such building is located. The non- conforming use shall thereafter be resumed. B. Should--such structure be destroyed by any means to an extent of more than fifty percent of its appra sed value at t me of destruction, C �a no e e o in conformity with the provisions of this Ordinance. 4 -2 Ll A. Section t Non - conforming Uses C. Should such structure be moved for any reason for any distance • whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. D. When a non - conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for eighteen months during any three -year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. E. When a non - conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non- conforming status of the land. F. If any non - conforming structure in the Floodway or Flood Fringe District is destroyed by any means, including floods, to an extent of fifty percent or more of its appraised value at time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance. However, the City Planning Commission may issue a Conditional Use Permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately floodproofed, elevated, or otherwise protected in conformity with Section 8.18. G. An alteration or addition to any nor,- conforming structure located only in the Flood Plain which would result in substantially increasing its damage potential shall be protected in accordance with Section 8.18. 4.05 REPAIRS AND MAINTENANCE On any building devoted in whole or in part to any non- conforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of non - bearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current market value of the building, as es a is ed by the City Assessor, provided a the cubic space content of the building as it existed at the time of passage or amendment of this Ordinance shall not be increased. The work done in any 5 year period may not exceed 20% of the market value of the building. Nothing in this Ordinance shall be deemed to prevent the strengthening or r_qstoring to a safe condition of any building or part thereof declared to be unsafe by any City off 1c1a c arge with protecting the public safety, upon order of such official or the reconditioning required by updated building codes, fire codes or enerav codes. 4 -3 1 -1 Hutchinson Community Development Corporation Resolution of Support Rezoning of 900 Hwy. 15 South (Coke Plant) Whereas said property has an existing building structured for commercial use, and Whereas the property has direct access to Highway 15, and Whereas the property is currently showing deterioration, and Whereas adjacent property across Highway 15 forms a corridor of Industrial /Commercial, and Whereas the proposed owners have a reputation for well kept buildings and grounds, and Whereas the proposed owner is willing to enhance the appearance and useability of the property, Therefore be it resolved that the Hutchinson Community Development Corporation recommends that the property at 900 Highway 15 South be rezoned Industrial /Commercial -- August 9,1994 LI A '1K H U T C H I N S O N P U B L I C S C H 0 0 L S August 11, 1994 Mr. Clinton Gruett, Chairperson Hutchinson City Planning Commission Hutchinson, Minnesota 55350 Dear Mr. Gruett: On behalf of the school district, I would ask the planning commission to work closely with West Central Industries. Meeting the needs of our handicapped residents has been a priority within the school system and extends into our community. • Thank you for your consideration and best wishes during your decision - making process. Sincerely, Gary W. Swenson Superintendent of Schools GWS /jp 0 t INDEPENDENT SCHOOL DISTRICT 133 JG GLEN STREET NORTH HUTCHINSON, MINNESOTA $5150 A N E 0 U H L G E E D R T U N I T ' E M P L O v E R I E D U C e T O P CL 0 TO: FROM: SUBJECT: C M E M O R A N D U M DATE: August 19, 1994 Hutchinson City Council Hutchinson Planning Commission CONSIDERATION OF PRELIMINARY SKETCH PLAN SUBMITTED BY DAN COWGER, LYNN TWP., 2 MILE RADIUS The Planning Commission recommends approval of the preliminary sketch plan to plat 2 lots on the property noting both lots are buildable lots. 11 • City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Primad nrz .vnrlPd nn�o.- Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 Ll P LYNN TOWNSHIP To: City of Hutchinson Planning Commission From: Lynn Township Board Cheryl Bleil, Clerk Subject: Dan Cowger's Preliminary Sketch Plan Date: August 2, 1994 At the August 2nd meeting of the Lynn Township Board, the Lynn Township Board granted approval of the preliminary sketch plan presented by Dan Cowger. cc: Mcleod County Zonning Administrator C� J E d0 LYNN UNSHIP 116 NORTH COOE'9 RANGE 30 WEST Aca" 1 N.rA 11 M J..ep 1 } (iI Q N •rf �M[ u.s0. 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BAUMERT2 ,• »s0 t »O.0 Q so M... . s0 ' »MI.7 EO a OD RI �� RR T ALVIrI' ^•�� g • ..La [ »n STa •e lTl[ ° 'OTm Tm jA.JS/1 • n'LL:RY OEAN S Y U." eERT1Y NON'[ M I CAP i0 iA MESON Y•o-1 ,• RA»IOR fun b+al J .AKI s ° N •.J {50 p CLNERA 1 S ` r., Dw.AL[ Leo nalTSON 1 .E] „ In )RETTM ¢' LMEN i' I • NRt (� 1 �•w 25311 • .+• r s'[C . STATE OFY KMLrf I MENKE s0 A�...rrr J•O OTTO �� WMKWA 49 3 l \l 1 w:.'.1 7Ar'7 rMr wCN ]95 'll L "' o Moots e[Nr2 eO a R/ ITE 1 75 so 33 `1 COLIIN° IR•tlE 36 TM1 • PRELIMINARY SKETCH FOR: DAN COWGER PROPOSED SUBDIVISION PLAT IDKt Vut .i ur •o.ta C: x0 I ci tn. Sr 'n c.: v! •[.. u� SSWDO,5'E .• 1 ; I Y t x05 x0 I 1 BVkdRG S[ +RACE LIMES i .BIRLDMG SETBACK LIRE$ J QC ELI Y I E Ao 2 LJy C J c °W 6 x 2w �Q I F O .• a fl p ' P I , "OTA, AREA, B :x ACRES - ryL w [ AA, w, Owi Y, T PROPOSED LOT 1 . 1.10 TOTAL ACRES ; 1.00 BVLLOABIE ACRES PROPOSED LOT x. T.14 TOTAL ACRES IAO BLALDABIE ACRES _ 33L" 11 1 Rr 180 TH STREET rs+ Y C M E M O R A N D U M DATE: August 19, 1994 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF VARIANCE TO REDUCE LOT SIZE AND WIDTH REQUESTED BY JOHN KORNGIEB£L LOCATED IN ACOMA TWP., 2 MILE RADIUS The Planning Commission has no recommendation until the septic system is addressed and the staff concerns are met. 0 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 - Printed on rerveled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 U4 August 17, 1994 TO: Ed Homan, County Zoning Official (FAX 864 -3410) FROM: John P. Rodeberg, Director of Engineering /Public Works RE: PLANNING COMMISSION RECOMMENDATION Korngiebel Variance Application Lot IO /Block 1, Sioux Hills (PID 01.058.0080) At the Planning Commission meeting held Tuesday, August 16th the Planning Commission approved a motion sending the above referenced application back to the County with no recommendation, but with the following concerns: Lot is substantially smaller than current minimum lot size. Since County lot minimum of 1 acre is significantly less than the Metropolitan area minimum of 2.5 acres, and we in general have more difficult soil conditions, we have significant concerns related to septic system and well conformance, and the related health and safety issues. White reviewing areas in the City with septic systems, we found that almost 75% of all systems reviewed were visibly failing. Most on Lakewood Drive, and at least one on Arch Street, were draining NOTE directly into the lake or river. See also the attached memo from the Planning Staff. The City's concern also relates to the potential future need for utility service to the area. We are currently spending almost $1 million to provide utility service to areas west of Otter Lake. Much of this cost is to access current and proposed areas with failing septic systems. Providing service to this area without a well planned, and consistent, development pattern could again create financial hardship for the City, as well as the affected land owners. cc: planning Commission ✓City Council file: Planning - County City 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 0 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 U4 MEMORANDUM DATE: August 4, 1994 FROM: Hutchinson Planning Staff SL- BJECT: John Korngiebel's Variance Application Please provide the additional information. Ordinary high water elevation. 2. Finish basement floor elevation. 3. T -0" contours • 4. Flood fringe floodway and shoreland boundary lines. 5. "Hardship" justifying variance - per statute. 6. Verification of compliance for well and on -site septic system setbacks and also peculation tests. cc: Planning Commission - August Packet Ed Homan - Fax 864 -3410 • City Center 111 Hassan Stree! SE Hutchinson, MN55350 -2522 (612) 587 -515: Fax(612)234 -4240 Parks & Recreation. 900 Harrington Street SW Hutchinson. MN 55350 -3097 (611) 587 -2975 Fax(612)234 -4240 - Primed an recycled paper - Police Service; 10 Frank •• �" 3 Hutchinson, (612) Fax (6. L/C ,. _. 1 .. I Sic. 35, Acorric Tro., MCL*c L { � 10 i .... ,• 1 �r`V' n ... Y•..r Jam. r ✓0 _ Ct, rt i' it L 1..,..... In 000 ae oe 3`' til • 1 i i' - .t IUC.. ZL:: Irw ✓K+wnr i k•_' i , YrIJ h •i 1 ! D e . w.•.► w- -.y rw w. rV-4r Ml•r•iI/: /� -. 1 •,� •' JM ✓MrI.—.Y U. \4n ♦•'r Ly 1 '�•1 �- � i IL I 1 . / • •r .•.. 'r,• f f � i 1 i !!a mar .vlw� ..i .-. r �Jb— •[• Zoe .�: LOCATION MAP 3 l C J 1] E MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, August 16, 1994 FOR YOUR INFORMATION CALL TO ORDER 5:30 P.M. The meeting was called to orderby Chairman Clint Gruett at 5:30 p.m. with the following members present: April Brandt, Glenn Matejka, Roger Gilmer, Bill Craig, Dean Wood and Chairman Gruett. Member absent: Craig Lanz. Also present: John Rodeberg, Director of Engineering. 2. CONSIDERATION OF MINUTES OF REGULAR MEETING DATED JULY 19 1994 Mr. Matejka made a motion to approve the minutes dated July 19, 1994, seconded by Mr. Craig the motion carried unan= mously. 3. PUBLIC HEARINGS a) CONSIDERATION TO REZONE PROPERTY FROM R -2 TO I/C LOCATED ON HWY 15 REQUESTED BY VIKING COCA -COLA AND WEST CENTRAL INDUSTRIES Chairran Gruen opened the bearing at 5:31 1 published in the Hutchinson Leader on Thursday of considering to rezone property from (Industrial/Commercial District) located on Hwy Coca -Cola and West Central Industries. ,.m. with the reading of publication #4706 as August 4, 1994. The request is for the purpose R -2 (Multiple Family Residence) to I/C 15 South (Coke Building) requested by Viking City Engineer John Rodeberg commented on the request and the history of the property. He explained with an I/C zone anything done on the property must be by Conditional Use Permit which gives the city more control of what would happen on the property. A C-4 (Fringe Commercial District) would give less control of the property to the city. Mr. Dick Lennes, H.C.D.C., commented on the meeting held August filth with the neighboring property owners. He also stated I/C requires a Conditional Use Permit. Mr. Lenses commented on his discussion with Mr. Dick Jensen, neighboring property owner, who supports the rezoning to I/C. Mr. Gary Nielsen, West Central Industries, presented a review of the plans for the property and explained West Central Industries is a human service provider to persons living in the community with disabilities. Mr. Nielson stated they have a commitment from 3M. Mr. Nelsen stated they want to be sensitive to the neighbors concerns and up front with people. He also explained there are two Hutchinson representatives on the West Central Board of Directors. Ms. Sandy Peters, Program DirectOr West Central Industries, commented on services that will be provided to persons in Hutchinson_ She explained there will be admission criteria to be met and provided data on numbers of students to be served in the future. Mr. John Winge, Work Placement Director West Central Industries, explained the type of work to be done in the building and commented on the traffic during the day. He stated truck traffic should be light. Mr. Art Krueger, 825 Brown, stated concerns with tax base of the neighboring properties. Mr. Lyle Block, 705 Brown, gave positive support for the company. Chairman Gmett read letters of support from Supt. of Schools, Crary Swensen and Dick Jensen. Mr. Lennes read a resolution of support from the H.C.D.C. Board. Mr. Craig made a motion to close the bearing, seconded by Mr. Wood the hearing closed at 6:03 p.m Mr. Matejka made a motion to recommend approval of the rezoning to city council. Seconded by Mr. Wood the motion carried unanimously. HUTCHINSON PLANNING COMMISSION MINUTES AUGUST 16, 1994 b) CONTINUATION OF CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE REGARDING AMATEUR RADIO ANTENNA HEIGHT Mr. Matejka made a motion to continue the hearing to September, seconded by Mr. Gilmer the motion carried unanimously. 4. OLD BUSINESS a) REVIEW OF AMENDMENT TO THE ZONING ORDINANCE REGARDING GARAGES IN RESIDENTIAL DISTRICTS, REFERRED BACK TO PLANNING COMMISSION BY CITY COUNCIL Director of Engineering John Rodeberg commented on the amendment and explained the reasons for the request by city staff. He stated an ordinance should be acted on. Discussion followed on the cost and affordability of a garage. Mr. Craig again explained his concern with requiring a garage, but is in favor of the amendment to meet F.M.H.A loan requirements Mr. Gilmer moved to advertise to hold anotherpublic hearing on the amendment, seconded by Mr. Matejka the motion carried unanimously. 5. NEW BUSINESS a) CONSIDERATION OF SKETCH PLAN SUBMITTED BY DAN CO_WGER, LYNN TWP., 2 MILE RADIUS Director of Engineering John Rodeberg commented on the recommendation by staff for an easement on the south end of the property for services and a bike path He stated staff approval is with the understanding the final plat will show the lots extended to the north and south Mr. Dan Cowger, 625 Tyler, representing his parents who own the property, explained the future development of the lots. John Rodeberg stated both lots meet county code and are buildable lots. Mr. Cowger stated the line designating the lots are showing the size of the parcels. Mr. Matejka made a motion to recommend approval of the preliminary sketch plan, seconded by Mr. Gilmer the motion carried unanimously, b) REVIEW AND CONSIDERATION OF LANDUSEICOMPREHENSIVE PLAN FOR TIF PLAN FOR HOUSING DISTRICT OF AUGUSTA HOMES PROJECT AS PRESENTED BY DICK LENNES, H.C.D.C. Director of Engineering Rodeberg explained the type of project according to the planning of the area. Dick Lennes, H.C.D.C., presented an update, review of process, comments from Augusta Building Corp. and a summary of the Tax Increment proposal Mr. Lennes presented the history of the proposal and commented on the dates the project began and the criteria to be met by Augusta. He stated conditions were established and explained the difference between redevelopment T.I.F. and housing T.I.F. • 0 Ms. Jean Ward, HR-A-, reviewed the conclusions and recommendations of the H.RA. She • explained the Maxwell Study regarding housing in Hutchinson. She commented on the population increase in Hutchinson and other housing projects in the city. Ms. Ward explained the criteria was set up in a manner to enable developers to be creative. HUTCHINSON PLANNING COMMISSION MINUTES AUGUST 16, 1994 Mr. Brian Solsmd, Augusta Building Corp., presented a sketch of the proposed units and • commented on the unit packages. Mr. Matejka made a motion to recommend approval of the Housing Plan as presented by Mr. Lennes, Ms. Ward and Mr. Solsrud. Seconded by Ms. Brandt the motion carried unanimously. C) DISCUSSION OF GROUP HOME EXPANSION IN FLOOD FRINGE John Rodeberg explained the request for expansion by the group home on Franklin St. He stated the home is in the Flood Fringe and stated the DNR is strict regarding habitable structures. These structures must be elevated according the State and Federal laws. Mr. Rodeberg stated city staff can not allow adding on without elevation. d) DISCUSSION OF URBAN BOUNDARY DISTRICT AS PRESENTED BY ACOMA TWP. Director of Engineering Rodeberg explained the recommendation by Acoma Township. He stated he would also like to add the south half of Section 24 and the S.E. corridor of Section 23. It is the consensus of the Planning Commission to approve the recommendation by Acoma Township. e) REVIEW PLANNING BUDGET Director of Engineering John Rodeberg explained the addition of personnel of Planning Coordinator. • f) REVIEW OF "HUNTER'S RIDGE" DEVELOPMENT MONUMENT SIGN Mr. Rodeberg explained the sign and permission of place in the wetland. He stated the sign must meet requirements. g) DISCUSSION OF CLOSED BIN AT GOPHER CAMPFIRE SANCTUARY BELOW THE 100 YEAR FLOOD ELEVATION John Rodeberg commented on the request by the Gopher Campfire Sanctuary and explained the property is in the Flood Fringe and Flood Way. He stated the request requires a conditional use permit including a professional design of the structure. h) DISCUSSION OF VARIANCE REQUESTED BY JOHN KORNGIEBEL, 2 MILE RADIUS, ACOMA TWP. TO REDUCE LOT SIZE AND WIDTH Director of Engineering Rodeberg stated the request is similar to the Dooley request to reduce lot size. He stated the staff recommends denial to be consistent with the last denial. Mr. Craig made a motion of no recommendation to the county until septic system is addressed and staff concerns are met. Seconded by Mr. Gilmer the motion carried with Mr. Wood voting nay. COMMUNICATION FROM STAFF John commented on request for title opinion and developer documentation, the river crossing issues and utilities issues. 0 6. ADJOURNMENT The meeting adjourned at 8:05 p.m. • PUBLISHED IN THE HUTCHINSON LEADER THURSDAY, AUGUST 11, 1994 PUBLICATION NO. 4708 NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND ON A PROPOSED TAX INCREMENT FINANCING PLAN CITY OF HUTCHINSON, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Hutchinson (the "City ") will hold a public hearing on proposed amendments (the "Amendments ") to the Development Program (the "Program ") for Development District No. 4 of the City (the "Development District'), and on a proposed Tax Increment Financing Plan (the "Financing Plan ") of the City at8:00 p.m. on Tuesday, August 23, 1994 in the Council Chambers at the Hutchinson City Center, 111 Hassan Street, Hutchinson, Minnesota. Under the proposed Amendments, the property described as the south half of the northwest quarter of the northeast quarter of Section 12, Township 116 • North, Range 30 West of the 5th Principal Meridian, except the north 30 feet thereof, plus the full right of way of Cleveland Avenue and Century Avenue adjoining said parcel in the City (the "Additional Property") would be included in the Development District, and the City would be authorized to undertake certain activities in connection with the development or redevelopment of the Additional Property, The Financing Plan will establish a tax increment financing district covering the Additional Property (the "Tax Increment District') and provide for the payment of certain costs incurred directly by the City related to the development or redevelopment of the property included in the Development District including the Additional Property or the reimbursement to owners of such property of certain costs paid by private parties in connection with the development or redevelopment of such property. Accompanying this notice is a map showing the area proposed to be included in the Tax Increment District which is the area from which tax increments from the Tax Increment District may be collected if the Financing Plan is approved, and a map showing the area to be included in Development District if the Amendments are approved, which is the area in which tax increments from the Tax Increment District may be expended. All who wish to be heard as to the Amendments and the Financing Plan will be given an opportunity to express their views at the time of the public hearing or may file written comments with the City Administrator prior to the public hearing. By /s /Gary D. Plotz City Administrator�� Or [;- -�1� °i ('� • -...�- w.w ,—.rte •. '•r w(NU[ _ _ _ � _ ! - 4 j + j ' �' 6 i • I � V l w s • • + I .� � (put ' w �. _ • �. a' r ! _ _ " .. �.- .-.rte- wu[N — • � a • _� -.ads" .sf sa , — ��3 - -'_ •• - I \i � —y. —_� _ r ,�' t , i > !�,a -.ISM— y .rte • i ___. i f ° • �, .. _ 1. , a IP , • �a�_.. '. I� . '. • •_INRN Kwif . Lam' it r+—r- -_ 'i ia� i L d�ii I: , a_ •�_ �' va ate° L —.. Ni. a, d — — -�-• aye+ i ' r ,. �.I• �� a �:' its ' a a � = a u • J1 •L n.fN:t- .- ---• -� o -_T._ MI (vry [ CX Ca90 ((. VF C ---pt1 i DISTRICT #8 MGU-=ob Cov.,rrr GA12 Gcov.r,.s I -C C� 1 - 7� .mTa+. 2 3 Vii' +r YLTY66t -- MYYt 0.0CK ONE JI i I i a II I i P I I •' LI WASO i i• ��/ 1 A .I /^�� ,,�N�O,,•.y I � j. V,/ISL Lr � 6 CLpVI ■� H+n'CkINsow v __ z MALL • / I a LLYTYK - 4NTVR r/pV1 .VKM46Y ' - — — � � • � , I 1 I I rTJia•IL wa M[I, I r tCN\ay • NTl1Nt1 • bL \VL a 'Is. 1 - 7� .mTa+. 2 3 Vii' +r YLTY66t -- MYYt 0.0CK ONE JI i I i a II I i P I I •' LI WASO i i• ��/ 1 A 0 C August 4, 1994 Mr. Brian Solsrud Augusta Housing Co. Box 367 Augusta, WI 54722 Dear Mr. Solsrud: FOR YOUR INFORMATION The Hutchinson City Council has requested the landscaping plan, elevation drawings and if available a rendering be presented at the August 16, 1994, Planning Commission meeting, and August 23, 1994, City Council meeting. is If I can be of help to you, please do not hesitate to call. Best regards, HUTCHINSON PLANNING STAFF cc: August Planning Commission packet Mr. Dick Lennes, HCDC Director ✓G. Plotz, City Administrator Brian Solsrud - FAX #715- 286 -2850 r 1 LJ Citv Cente- 111 Hassan Street SE Hutchinson, MN55350 -25 2 2 (612) 587-575' Fax (612) 234 -424 Parks & Recreation 900 Harrington Street SW Hutchinson, MN55350 -309:' (612) 587 -2975 Fax (612) 234 -4240 - Printed on recvcled paper - Police Services 10 Franklin Street S0, Hutchinson, MN55350 -2467_ (612) 587 -2242 Fax(612)587 -642' NEW YORK WASHINGTON, D. C. DENVER ORANGE COUNTY, CA LONDON 'BRUSSELS Mr. Gary D. Plotz City Administrator City of Hutchinson 111 Hassan Street Hutchinson, MN 55350 D0iRsEY & WHITNEY A F.n PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402-1498 (612) 340-2600 FAR (612) 3W -2868 JEROME P. GMUGAN (614 $40.2964 August 12, 1994 Re: Proposed TIF District No. 8 ROCHESTER, MN BILLINGS GREAT FALLS MISSOULA DES MOINES FARGO • Dear Gary: Enclosed is a form of resolution for consideration by the City Council at its meeting on August 23rd approving an Amendment to the Development Program for Development District No. 4 and the Tax Increment Financing Plan for TIF District No. 8. In reviewing the resolution you should pay particular attention to the findings which are set forth in Exhibit A to the resolution to ensure that they appear appropriate. These findings are required by the Tax Increment Financing Act. • Should you have any questions, please give me a call. JPG:cmn Enclosure CC" G. Barry Anderson Steve Apfelbacher Yours truly, rom P.'Gi iga STATE OF MINNESOTA) COUNTY OF MCLEOD ) • CITY OF HUTCHINSON ) I, the undersigned, being the duly qualified and acting City Administrator of the City of Hutchinson, Minneosta, do hereby certify that I have carefully compared the attached copy of: EXTRACT OF HUTCHINSON CITY COUNCIL MINUTES TUESDAY, AUGUST 23, 1994 with the original on file in the Office of the City Administrator, and the same is a full true and complete copy thereof. WITNESS my hand official as such City Administrator and the Corporate Seal of the City this day of 1994. • (SEAL) Gary D. Plotz, City Administrator 11 �I 0 Councilmember introduced the following resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AN AMENDMENT TO DEVELOPMENT DISTRICT NO. 4 AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 8 BE IT RESOLVED by the City Council (the "Council ") of the City of Hutchinson, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. It has been proposed that the City modify the Development Program for Development District No. 4, establish Tax Increment Financing District No. 8 and approve and adopt the Tax Increment Financing Plan relating thereto, located within Development District No. 4, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134, inclusive, as amended; and Minnesota Statutes, Sections 469.174 to 469.179, inclusive, as amended. 1.02. The Council has investigated the facts and has caused to be prepared an amendment (the "Amendment ") to the Development Program (the "Program ") for Development District No. 4 ( "Development District No. 4 ") and a proposed Tax Increment Financing Plan (the "Plan ") for Tax Increment Financing District No. 8 (the "Tax Increment District "). 1.03. The City has performed all actions required by law to be performed prior to the approval of the modification of the Program by the Amendment and the approval of the Plan, including, but not limited to, notification of McLeod County and School District No. 423 having taxing jurisdiction over the property to be included in the Tax Increment District, notification to the McLeod County Commissioner who represents the property to be included in the Tax Increment District, a review by the City Planning Commission of the proposed Amendment and Plan, and the holding of a public hearing upon published notice as required by law. Sp�l Section 2. Findings for the Modification of Development District No. 4 • and the Establishment of the Tax Increment District and the Approval of the Amendment and Plan Relating Thereto. 2.01. The Council hereby finds that the Tax Increment District is a housing district. 2.02. The Council hereby finds that the modification of Development District No. 4 by the Amendment and the establishment of the Tax Increment District by the Plan and the approval of the Amendment and Plan relating thereto, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for increased housing opportunities in the City, to increase employment and otherwise promote certain public purposes and accomplish certain objectives as specified in the Program as amended by the Amendment and the Plan. 2.03. The Council further finds that the proposed development, in the opinion of the Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and, therefor, the use of tax increment financing is deemed necessary; that the Plan conforms to the general plan for the development or redevelopment of the City as a whole; and that the Plan will afford maximum opportunity consistent with the sound needs of the City as a whole, for the redevelopment of Development District No. 4 by private enterprise. 2.04. The Council further finds, declares and determines that the City made the above findings stated in Section 2 and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. Section 3. Approval of the Program and Plan. 3.01. The Amendment and Plan are hereby approval and adopted, and shall be placed on file in the office of the City Administrator. 3.02. The City staff, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Program as amended by the Amendment and the Plan and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Section 4. Further Procedures. 4.01. The City Administrator is authorized to request certification for the Tax Increment District from the McLeod County Auditor's Office and to file the -2- • •Plan and Program with the Minnesota Department of Revenue pursuant to Minnesota Statutes, Section 469.175, subdivision 2. 0 Attest: (SEAL) Dated: August 23, 1994. Mayor City Administrator The motion for the adoption of the foregoing resolution was duly seconded by Councilmember the following voted in favor thereof: and the following voted against the same: and upon vote being taken thereon, whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor which signature was attested by the City Administrator. -3- 5� EXHIBPT A TO • RESOLUTION NO. The reasons and facts supporting the finds for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 8 as required pursuant to Minnesota Statutes, Section 469.175, subdivision 3 are as follows: 1. Finding that the Tax Increment District is a housing district as defined in Minnesota Statutes, Section 469.175, subd. 11. The proposed housing development to be constructed in the Tax Increment District consists of a project intended for occupancy by persons or families of low and moderate income. The City will require that the owner of the development satisfy the income requirements under Minnesota Statutes, Section 469.1761, subdivision 3, as a condition for receipt of tax increment assistance. 2. Finding that the proposed development, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. The portion of the proposed housing development intended for i occupancy by lower income persons or families is feasible only through the use of tax increment financing and federal housing tax credits. 3. Finding that the Plan conforms to the general plan for the development or redevelopment of the municipality as a whole. The site is appropriately zoned. The Plan has been reviewed by the Planning Commission and has been found to conform to the general development plan of the City. 4. Finding that the Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Development District No. 4 by private enterprise. The establishment of the Tax Increment District will result in increased housing opportunities for persons and families of low and moderate income. A -1 • AUG 19 194 09:24AM EHLERS & ASSOCIATES P.2/20 h'AChWf8 AMENDMENTTO DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.4 (TAX INCREMENT FINANCING DISTRICT NO. 8) CITY OF HUTCHINSON, MINNESOTA HEARING: AUGUST 23,1994 ADOPTED: RUG 19 '94 09Z25AM EHL & ASSOCIATES AMENDMENT TO DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 (TAX INCREMENT FINANCING DISTRICT NO, 8) W"01 A. Background.. The City of Hutchinson has pursuant to Minnesota Statutes, Sections 469.124 to 469.134 (the "Development District Act"), approved a development program (the "Development Program ") for Development District No. 4 (the "Development District") in the City. Property presently included in Development District No. 4 includes property located in the Central Business District of the City, the shopping center located in the southern portion of the City, property located adjacent to the Central Business District of the City on which a senior housing facility is to be developed and portions of the industrial park in the City. B. Amendments to Development Program. The City amends the Development Program pursuant to the Development District Act to include additional parcel in the Development District together with all adjacent and internal rights -of -ways appurtenant thereto (the "Additional Property"), and to authorize the City to undertake activities with respect to the development and redevelopment of the Additional Property. The tax identification number of the parcel together with all adjacent and internal right -of -ways proposed to be included in the Development • District is 12- 116 -30-02 -0040, and the legal description of such parcel is: The south half of the northwest quarter of the northeast quarter of Section 12, Township 116 North, Range 30 west of the 5th principal meridian, except the north 30.00 feet thereof, plus the right of way of Cleveland Avenue and Century Avenue adjoining said parcel. To finance expenditures to be undertaken in accordance with the Development Program in the development of the Additional Property the Citv is in connection with this Amendment approving the Tax Increment Financing Plan for Tax Increment Financing District No. 8, which includes the Additional Property in a tax increment financing district. C. Statement and Findin of Public Pur os . The Additional Property is presently undeveloped. The City has found that there is a need for development of the Additional Property based upon the following conditions: 1. There is a shortage of decent, safe, and sanitary housing for persons of low and moderate income and their families, as such income is determined by the City. 0 AUG 19 '94 09 :25AM EHLERS & ASSOCIATES • 2. It is found that there is a need for development of the Additional Property to provide additional housing in the City, including housing for persons of low and moderate income and their families, as such income is determined by the City, to improve the tax base and to improve the general economy of the state. Further evidence of the City's findings are listed in a number of documents prepared by or on behalf of the City. These documents include: 1. City of Hutchinson Housing Study prepared by Maxfield Research Group, Inc in 1993 which found that a shortage of housing options for renters interested in general occupancy apartments. P.4/20 Therefore, the City has determined to include the Additional Property in the Development District to provide impetus for private development and redevelopment, to provide decent housing to residents, to maintain and increase e :;plovment, to provide infrastructure to serve citizens and employees of the City, to utilize existing land for potential redevelopment and to provide other facilities as are outlined in the Development Program. .The City has also determined that proposed development of the Additional Property to be assisted or owned by the City would not occur solely through private investment in the foreseeable future. The City finds that the welfare of the City as well as the State of Minnesota requires active promotion, attraction, encouragement and redevelopment of economically sound industry and commerce to carry out its stated public purpose objectives. 0 The City has also determined that any tax increment financing plans to be approved with respect to the Additional Property will be consistent with the Development Program; and that the tax increment financing plans will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the Development District by private enterprise.' D. Statement of Objectives. The City determines that this modification of the Development District will provide the City with the ability to achieve certain public purpose objectives with respect to the Additional Property not otherwise obtainable in the foreseeable future without City intervention in the normal redevelopment process. The City seeks to achieve the following program objectives, in addition to any previously stated objectives: -2- HUG 19 '94 09:26AM EHLERS & ASSOCIATES i. Work cooperatively with other local organizations, the Hutchinson Community Development Corporation, the Hutchinson HRA, and other governmental agencies in promoting any projects which will improve the housing stock in the City, increase employment, and add to the tax base of the City. 2. Assist in increased opportunities for citizens to choose from housing options which offer a wide array of services without regard to income and for residents looking for a wide range-of multi - family units. 3. Encourage and provide maximum opportunity for private development of existing areas and structures which are compatible with the Development Program. P. 5/20 E. }moist of Developments and Redevelopments. To implement the established objectives, the City has utilized and plans to utilize a number of public and private financing tools. Funding of the necessary activities and improvements with respect to the Additional Property are expected to be accomplished through tax increment financing, land sale income, revenue bonds, general obligation bonds, federal and state grants, tax credits, and private financing. Specific budgets will be reviewed in a public forum. Any activities which include the use of tax increment • will be outlined in the budget of each tax increment financing plan. F. Environmental Controls. It is anticipated that no redevelopment or development within the Additional Property will present major environmental concerns. All city actions, public improvements and private development will be carried out in a manner that complies with applicable environmental standards. G. Open Space to be Created. Any open space within the Additional Property will be created in accordance with the development controls of City. H. Public Facilities to be Constructed- Public facilities constructed within the Additional Property will be financially feasible and compatible with the City's long range development plans. such facilities may include street, utilities, storm sewers and drainage improvements. I. Proposed Reuse of Pro . The City may acquire all or portions of the Additional Property in connection with the redevelopment and development thereof. -3- • RUG 19 '94 09:26AM EFLERS & ASSOCIATES P. 6/20 • J. Relocation. The City accepts its responsibility for providing for relocation pursuant to Section 469.133 of the Act. If relocation is necessary, provision will be made in accordance with Minnesota Statutes, Sections 117.50 through 117.56, inclusive. K. Administration of Development District- Maintenance and operation of the public improvements is the responsibility of the Administrator of the Development District. Each year the Administrator will submit to the City Council the maintenance and operation budget for the following year. The Administrator administers the_ Development District pursuant to the provisions of Section 469.131 of the Act; provided, however, that such powers may only be exercised at the direction of the City Council. No action taken by the administrator shall be effective without authorization by the City Council. 0 The City has not created and does not anticipate the need to create an advisory board to advise the City Council on the planning, construction or implementation of the activities and improvements outlined in the Development Program. U AUG 19 '94 09 :27RM ER-ERS & ASSOCIATES P. 7Z20 TAX INCREMENT FINANCING PLAN FOR is HOUSING TAX INCREMENT FINANCING DISTRICT NO. 8 A. Statutory Authority It is found that there is a need for new development within the corporate limits of the City of Hutchinson (the "City") (the "Development District") to provide employment opportunities, to improve the tax base and to improve the general economy of the City, Mcleod County (the "County "), and State of Minnesota. It is found that the area within the Development District is potentially more useful and valuable,than has been realized under existing development, is less productive because of the lack of proper utilization and lack of investment, and is not contributing to the tax base to its full potential. There exists areas where public involvement is necessary to cause development and redevelopment. To this end, the City has certain statutory powers pursuant to Minnesota Statutes, Sections 469.124 to 469.1$4 to create municipal development districts. In addition, the City is authorized to establish a tax increment district pursuant to Minnesota Statutes, Sections 469.174 to 469.179 as amended to assist in financing public costs related to this project. Tax increments are derived only from the increased amount of taxes which are paid on a parcel of property after the construction of a new structure on the parcel has occurred. It is hereby found that there is a need to provide funds for property acquisition, site improvements, site costs and various other improvements. B. Statement of Objectives Housing Tax Increment District No. 8 (Housing TiD No. 8) currently consists of one parcel of land • bound between Cleveland Avenue and Century Avenue. Present plans for new development on the site include the construction of seven buildings consisting of eight housing units within each building or a total of 56 units. The buildings will be a mix of one - bedroom, two- bedroom, and three - bedroom units. Construction is to start Fall, 1994 and be completed early 1995. The City Council of Hutchinson, Minnesota (the "City Council "), determines that is necessary, desirable and in the public interest to amend and administer Development District No. 4 (the "Development District") in the City of Hutchinson, Minnesota (the "City") The City Council determines that the funding of the necessary activities and improvement in the Development District (the "Development Program ") shall be accomplished in whole or in part through tax increment financing. The City and the City Council seek to achieve the following objectives through the Development Program: 1, Work cooperatively with other local organizations, the Hutchinson Community Development Corporation, the Hutchinson HRA, and other governmental agencies in promoting any projects which will improve the housing stock in the City, increase employment, and add to the tax base of the City. 2. Assist in increased opportunities for senior citizens to choose from housing options which offer a wide array of services without regard to income and for residents looking for a wide range of multi -famiy units. 3. Promote and secure additional employment opportunities within the Development District, hereby improving living standards, reducing unemployment and the loss of skilled and unskilled labor. L� RUG 19 '94 09:27Pl EFLERS & ASSOCIATES P.8,120 • 4. Encourage and provide maximum opportunity for private redevelopment of existing areas and structures which are compatible with the Development Program. 5. Alleviate the shortage of housing as stated in the City of Hutchinson Housing Study prepared by Maxfield Research Group, Inc. in 1993 which found that a shortage of housing options exists for seniors and renters interested in general occupancy apartments. 6. Additional property contains vacant, unused, underused and inappropriately used land. C. Housing Tax Increment Plan Overview 1. The City has identified the following estimated costs of the project which are eligible for tax increment assistance: Assessments for Public Improvements $145,640 Site Development Costs Total $291,141 The City is proposing that any tax increment assistance provided by the City will be funded on a pay -as -you -go basis. Under this proposal the developer will pay all costs of the project and then will be reimbursed for certain eligible costs from tax increment revenue received from Housing TID No. S. 2. Relocation — Complete relocation services are available pursuant to Minnesota Statutes, . Chapter 117 and other relevant state and federal taws. 3. The City may perform or provide for some or all necessary acquisition, relocation, demolition, and required utilities and public streets work within Housing TO No. 8 and those costs allowed within Development District No. 4. 4. Phase I of Housing TID No. 8 is zoned R -3, an appropriate status for the anticipated facility. All development in the area will conform to applicable state and local codes and ordinances. D. Description of Property in Tax Increment District No. 8 Housing TID No. 8 encompasses the parcels and 311 adjacent and internal right-of-ways as identified below and on the map in Exhibit A. Parcel No. 12- 116 -30 -02 -0040 The legal boundaries of Housing TID No. 8 are proposed to be as follows: The south half of the northwest quarter of the northeast quarter of Section 12, Township 116 North, Range 30 west of the 5th principal meridian. Except the north 30.00 feet thereof, plus the full right -of -way of Cleveland Avenue and Century Avenue adjoining said parcel. • AUG 19 '94 09:28W EHLERS & RSSOCIATES p,9r20 E. Classification of the Tax increment Financing District • The City, in determining the need to create a tax increment financing district in accordance with Minnesota Statutes, Section 469.174 to 469.179 inclusive, finds that Housing TO No. 8 to be established is a redevelopment district pursuant to Minnesota Statutes, Section 469.174, Subdivision 11 as defined below: Housing district" means a type of tax increment financing district which consists of a project or a portion of a project, intended for occupancy, in part, by persons or families of low and moderate income, as defined in Chapter 462A, Title li of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future federal, state, ormunicipal legislation, or the regulation, promulgated under any of those acts. A project does not qualify under this subdivision if the fair market value of the improvements which are constructed for commercial uses or for uses other than low and moderate income housing consists of more than 20% of the total fair market value of the planned improvements in the development plan or agreement. The fair market value of the improvements may be determined using the cost of construction, capitalized income, or other appropriate method of estimating market value. Additionally the City will determine this Housing District is a "Qualified Housing District" as defined below: "Qualified housing district" means a housing district for a residential rental project or projects in which the only properties receiving assistance from revenues derived from tax increments from the district meet alt of the requirements for a low income housing credit under Section 42 of the Internal Revenue Code of 1986, as amended through December3l, 1992. The developer will be receiving tax credits for this proposed project • P. Property to be Acquired The City may acquire parcels within Housing TID No. 8 including interior street and railway right -of -ways. G. Estimate of Costs The estimate of public costs associated with Housing TID No. 8 are outlined in the following line item budget. Assessments for Public Improvements $145,500 Site Development Costs 145.641 Total $291,141 Any funds to be expended for off -site improvements outside the boundaries of Housing TID No. 8 but within the boundaries of Development District No. 4 would be less than 25% of total tax increment generated by Housing TO No. 8, including administrative costs. H. Estimated Amount of Loan/Bonded Indebtedness it is anticipated that the developer will finance this project and recover these costs under a "pay -as -you- go" development agreement The developer will be entitled to tax increment revenues to achieve net operating income prior to debt service of 130% greater than the annual debt service on the deve; )per's bank mortgage. • • AUG 19 '94 09:28AM EHLERS & ASSOCIATES P. 10/20 Sources of Revenue The major source of revenue to be used to finance public costs associated with the public development projects in the municipal development district is tax increment generated as a result of the taxation of the land and improvements in Housing 71D No. 8. The developer currently estimates sources of funds for the project as follows: Bank (1st mortgage) Equity Total Sources of Funds $1,837,223 873.343 $2,710,566 The equity portion is estimated to consist of tax credits ($582,202) and the TIF portion ($291,141). J. Original Tax Capacity Pursuant to Minnesota Statutes, Section 469.174, Subdivision 7 and Section 469.177, Subdivision 1, the Original Net Tax Capacity (OTC) for Housing TID No. 8 is based on the value placed on the property by the assessor in 1993 for taxes payable 1994, which is $251. The original tax rate for Housing TID No. 8 is expected to be 141.8570 %, the local tax rate for taxes payable in 1993. Each year the Office of the County Auditor will measure the amount of increase or decrease in the total tax capacity of Housing TIO No. 8 to calculate the tax increment payable to the City of Hutchinson. In any year In which there is an increase in total tax capacity in the tax increment financing district above the annual percentage of annual increase, a tax increment will be payable. In any year in which the total tax capacity in Housing TID No. 8 declines below the original tax capacity, no additional valuation will be captured and no tax increment will be payable. The County Auditor shall certify in each year after the date the OTC was certified, the amount the OTC has increased or decreased as a result of 1. change in tax exempt status of property; 2. reduction or enlargement of the geographic boundaries of the district; 1 change due to stipulations, adjustments, negotiated or court- ordered abatements; 4, change in the use of the property and classification; or 5. change in state law governing class rates. K. Amount of Captured Tax Capacity Pursuant to Minnesota Statutes, Section 469.174, Subdivision 4 and Minnesota Statutes, Section 469.177, Subdivision 2, the estimated Captured Net Tax Capacity (CTC) of Housing TID No. 8, upon completion of all phases of the project, will annually approximate $31,581. The City requests 100% of the available increase in tax capacity for repayment of debt and current expenditures, beginning in the tax year payable 1996. The original tax capacity and project tax capacity are estimated at current market values and class rates to be the total amount when all development is in place and uses of the property have changed. (See Exhibit 13.) Estimated Project Net Tax Capacity $31,831 Original Net Tax Capacity (in tax year payable 1996) -251 Estimated Captured Net Tax Capacity $31,580 AW 19 194 09 :29AM EFLERS & ASSOCIATES L. M. P. 11/20 Duration of the District 0 Pursuant to Section 489.176, Subd. 1, of the Tax increment Act, the duration of Housing Tax Increment Financing District No. 8 of the City will be no more than twenty -flue (25) yeas after the date of receipt by the City of the first tax Increment or the point at which the City's plan has been satisfied. The date of recut by the City of the first tax increment will be approximately July 15. 1996. Thus, it is estimated that Housing TID No. 8, including any modifications of the Plan for subsequent phases or other changes, would terminate at the end of the year 2022. The City does reserve the right to decertify Housing TID No. 8 prior to the legally required date. (See Exhibit C.) Estimated Impact on Other Taxing Jurisdictions It is anticipated that the value of the parcels Included in the Housing TID No. 8 will remain stable from year to year because of the completion of construction thereon. The impact of tax increment financing on values of all taxing Jurisdictions in which the Housing TID No. 8 is located In whole or In part would also remain stable from year to year. Based on this assumption, it is anticipated that tax increments will be captured annually. The estimate is based on the qualifications identified in this report and does not include the possible tax increment derived from any other future development tax law changes, or inflation factors. a 5 0 IMPACT ON TAX BASE Entity's Total Captured % of Captured Tax Entity Tax Capacity Tax Capacity Capacity to Entity Total McLeod County $12,891,738 $31,580 .25% City of Hutchinson 5,198,011 31,580 .61% I.S.D. 423 7,005,141 31,580 .45% Region 60 12,891,738 31,580 .25% IMPACT ON TAX RATES Current Captured Entity Tax Rate Tax Capacity Potential Taxes McLeod County .45111 $31,580 $14,246 City of Hutchinson .38466 31,580 12,149 I.S.D. 423 .58045 31,580 18,331 Region 60 .002244 31,580 1A Total 1.41856 $44,800 a 5 0 AUG 19 '94 09:29W EHLERS & ASSOCIATES P. 12/20 • The estimates listed above display captured tax capacity when all construction is completed, estimated to be for taxes payable in 1997. The tax rates and tax capacities are the payable 1993 figures for all jurisdictions. Housing TID No. 8 will be certified under rates for tax year payable 1994. In addition, the impact on I.S.D. 423 does not include the effect of state aids for education upon school district funding. N. Modifications of the Tax Increment Financing District In accordance with Minnesota Statutes, Section 469.175, Subdivision 4, any reduction or enlargement of the geographic area of the project or tax increment financing district, increase in amount of bonded indebtedness to be incurred, including a determinafion to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured tax capacity to be retained by the City, increase in total estimated tax increment expenditures or designation of additional property to be acquired by the City shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original plan. The geographic area of a tax increment financing district may be reduced, but shall not be enlarged after five years following the date of certification of the original tax capacity by the county auditor. Housing TID No. 8 may therefore be expended until approximately the end of 1998. Modifications to Housing TO No. 8, in the form of a budget modification or an expansion of the boundaries will be recorded in this subsection of the Plan. O. Limitation on Administrative Expenses • In accordance with Minnesota Statutes, Section 469.174, Subdivision 14 and Minnesota Statutes, Section 469.176, Subdivision 3, administrative expenses means all expenditures of an authority other than amounts paid for the purchase of land or amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the district, relocation benefits paid to or services provided for persons residing or businesses located in the district or amounts used to pay interest on, fund a reserve for, or sell at a discount bonds Issued pursuant to Section 469.178. Administrative expenses includes amounts paid for services provided by City staff, HRA staff, bond counsel, fiscal consultants, and planning or economic development consultants. No tax increment shall be used to pay any administrative expenses for a project which exceed 10% of the total tax increment expenditures authorized by the tax increment financing plan or the total tax increment expenditures for the project, whichever is less. Pursuant to Minnesota Statutes, Section 469.176, Subdivision 4h, tax increments may be used to pay for the county's actual administrative expenses incurred in connection with Housing TO No. 8. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. M AUG 19 '94 09:30RM EhLERS & ASSOCIATES P. Limitation on Qualification of Property in Tax Increment District Pursuant to Minnesota Statutes, Section 489.176, Subdivision 6: P. 13/20 7f, after four years tram the date of certification of the original tax capacity of the tax increment financing district pursuant to Minnesota Statutes, Section 469.177, no demolition, rehabilitation or renovation of property or other site preparation, including improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authorfty or by the owner of a parcel in accordance with the tax increment financing plan, no additional tax increment maybe taken from that parcel and the original tax capacity of that parcel shall be excluded from the original tax capacity of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor in the annual disclosure report that the activity has commenced. The county auditor shall certify the tax capacity thereof as most recently certified by the commissioner of revenue and add it to the original tax capacity of the tax increment financing district. The county auditor must enforce the provisions of this subdivision For purposes of this subdivision, qualified improvements are limited to (1) construction or opening of a new street, (2) relocation of a street, and (3) substantial reconstruction or rebuilding of an existing street" The City or a property owner must improve the parcels withing Housing TID No. 5 by approximately the end of 1997. Q. Limitation on the Use of Tax Increment Pursuant to Minnesota Statutes, Section 469.176, Subdivision 4, at least 900 of the revenues derived form tax increments from a redevelopment district must be used to finance the cost of correcting conditions that allow designation of redevelopment districts under Section 469.174, Subdivision 10. These costs include acquiring properties containing structurally substandard buildings or improvements, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition of structures, clearing of the land and installation of utilities, roads, sidewalks, and parking facilities for the site. The revenues shall be used to finance or otherwise pay public development costs pursuant to Minnesota Statutes, Chapter 452C or 469. These revenues shall not be used to circumvent existing levy iiimit law. No revenues derived from tax increment shall be used for the construction or renovation of a municipally owned building used primarily and regularly for conducting the business of the municipality; this provision shall not prohibit the use of revenues derived from tax Increments for the construction or renovation of a parking structure, a commons area used as a public park or a facility used for social, recreational or conference proposes and not primarily for conducting the business of the municipality. For tax increment financing districts for which certification was requested after April 30, 1990, pursuant to Minnesota Statutes, Section 469.1763, Subdivisions 1 and 2, an amount equal to at least 75% of the revenue derived form tax increments from the district's parcels must be expended on activities in the district. R. Notification of Prior Planned Improvements • • Pursuant to Minnesota Statutes, Section 469.177, Subdivision 4, the City has reviewed the area to be included in Housing TID No. 8 and found no properties for which building permits have been issued during the 18 months immediately preceding approval of the tax increment financing plan by the City. If the building permit had been issued within the 16 -month period preceding approval of the tax increment financing plan . by the City, the county auditor shall increase the original tax capacity of the district by the valuation of the improvements for which the buitding permit was issued. Al1G 19 194 09;30AM EHLERS & ASSOCIATES P.14z20 • S. Requirements for Agreements with the Developer Developees pwications n U The City will review the Developer's proposal to determine its conformance with the Development Plan and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other drawings or narrative deemed necessary by the City to demonstrate the conformance of the development with city plans and ordinances. Land acquired by the City will be subject to a Contract for Sale upon disposition to the Developer. The general requirements to be imposed upon the developer by the Contract for Sale are: 1. Develop the land purchased in accordance with this development plan. 2. To commence and complete the building of improvements on the land within a reasonable period of time as determined by the City. 3. Not to resell the land before improvements are made without the prior consent of the City. 4. Not to discriminate on the basis of race, color, sex, creed, or national origin on the sale, lease, transfer, occupancy of the land purchased from the City. The requirements to be imposed upon the Developer and the City's exact participation in the project will be negotiated as part of the Development Agreement between the City and the Developer. T. Assessment Agreements Pursuant to Minnesota Statutes, Section 469.177, Subdivision 8, the City will enter into an agreement in recordable form with the developer of property within the tax increment financing district which establishes a minimum market value of the land and completed Improvements in the amount of $1,400,000 for the duration of the tax increment district. The assessment agreement shall be presented to the county assessor who shall review the plans and specifications for the improvements constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appear, in the judgment of the assessor, to be a reasonable estimate, the assessor may certify the minimum market value agreement. U. Administration of Housing TID No. 8 . Administration Housing TID No. 8 will be handled by the City Administrator. The'tax increment received as a result of increases in the tax capacity of Housing TID No. 8 will be maintained in a special account separate from all other municipal accounts and expended only upon sanctioned municipal activities identified in the tax increment financing plan. V. Financial Reporting Requirements Pursuant to Minnesota Statutes, Section 469.175, Subdivisions 5, 6, and 6(a); an authority must file an annual disclosure report for all tax increment financing districts with the Office of the State Auditor, the county board, school board, and Department of Revenue. 8 AUG 19 '94 09 :31AM EHLERS & ASSOCIATES W. Municipal Approval P. 15/20 Pursuant to Minnesota Statues, Section 489.175, Subdivision 3, before or at the time of approval of the tax increment financing plan, the municipality shall make the following findings and shall set forth in writing the reasons and supporting facts for each determination. 1. Finding that the Housing TID No. 8 is a housing district as defined in Minnesota Statutes, Section 459.175, Subd 11. Housing TID No. a consists of one parcel of property. Development of these parcels will be undertaken by the Developer, Augusta Housing Management Company, under the tenant income restrictions of the low income hosing credit under Section 42 of the Internal Revenue Code of 1986, as amended. 2. Finding that the proposed development, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. Due to the high oosts of development, current rent levels within the Hutchinson housing market are too low compared to the rent levels necessary to support this housing project. The assistance of TIF will reduce rent levels to current market rates that were found to exist in the 1993 market analysis by Maxfield Research Group. • 3. Finding that the Tax Increment Financing Plan conforms to the general plan for the development or redevelopment of the municipality as a whole. The site is appropriately zoned. The Tax Increment Financing Plan has been reviewed by the • Planning Commission and been found to conform to the general development plan of the City. 4. Finding that the Tax Increment Financing Plan for Housing Tax Increment Financing District No. 8 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Development District No. 4 by private enterprise. The establishment of Housing TID No. 8 will result in increased and wide range of housing opportunities for the community and Improve the housing stock, consistent with the Citys Comprehensive Housing Study and Development District No. 4 objectives. X. County Road Costs Pursuant to Minnesota Statutes, Section 469.175, Subdivision la, the county board may require the authority to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will, in the judgement of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital Improvement plan or other county plan. The improvements outlined In the Plan serve as notice to the county that the development of the retail facility will be assisted with tax increment, in the opinion of the City and consultants, the proposed development will have little or no impact upon county roads. If the county elects to use increments to improve county roads, it must notify the City within thirty days of receipt of this plan, 0 RUG 19 194 09 :31AM EHLERS & RSSOCIATES P. 1620 • Y. Reduction In State Tax Increment Financing Aid Pursuant to Minnesota Statutes, Section 273.1399 for tax increment financing districts for which certification was requested after April 30, 1990, a municipality incurs a reduction in state tax increment financing aid (RISTIFA) applied to the municipality's Local Government Aids (LGA) first and Homestead and Agricultural Aid (HACA) second, in an amount equal to a formula based upon the equalized qualifying captured tax capacity (QCTC) of the tax increment financing district. Qualified housing districts are exempt form this provision. 0 10 .HUG 19 194 09 :32W EHLERS & ASSOCIATES P. 17/20 EXHIBIT II -A • Boundary Map of Housing Tax Increment Financing District No. 8 as established August 23, 1994 • 0 11 AUG 19 194 09:32AM EILERS & ASSOCIATES P. 18i20 MIWA • ' [ L�.i mss!- - _ !•ir'Y }. vir r;r} ,', •� w� �. -._• ' •ate �.e•• =�-�. -�� .►.r�._�• w�us� r -,.�•r •''r -�..�_ `— - � J . ,'•' _ a L:.. .} Jul. Is. •{+ [ [ QJif.t.y .—la_� •'�[:r • . -�1�. '¢,a` •. ..� I,\ r,J I�:Y+ s:f ..ar'p>.,w j•_.�` _••- ..•...i�•�..t,� ?"•4r - I��`!�•t`t .I ; /�''I.Y�Y J .•tvf�'�— :�M _ • 'OLIP , � i(�y( --_ -•••. i ..y - r , -[ jJv!• �� -- -t' 1 ,. a •. _ 'uIAL, . :�� I. • I .y • 1 • • r' A'i1 i d •• ' y �' . 'ter -R.� Y�,@7a< `T+� • •.: i '' ,�"s ._ ! � [ . •t• , R • - - 77, —�i rt.•n • • • , � r.... -..,r • ��....' . - .. era:... fte } i.'. ••r _ :wort -..•^r .,T•r :. +•s�.��..�ewr�.. w • ��'�!., } '• e . } [ ^t' s e `-- �rw'r�.a r .. • .- .wj• °� a•� j • f i Is 4 r w, - +rrT-^T 1F i It � w! � • e • • r. �[• ^��.��.-..- ��r � r 1��a� nW 4+6v� t � ... iwr J _: • , + i_ + '_'�} . r . J • •ql'• �y '.. M .Ya.:s• tiLr. -r.. . 1 1 • 1- a [ ! �jj•`�� ' \�, •Y _�, •. v +air i . , � , { j • f D ° ` y ' � �F V:... •"`�/'� �' . f� ! `'� ,' . R +�•L`:�7i �•' . -� { [ • {ter; ` � i , s d j Ne.�• �'••r.+''� -_ `.�,.� CI CAPt �—•�� :h_l. SO awuC IA.+a� Lr�! i C[W MALL. �� 0 •�} .K. wan •aa"K McL a Cowry ::�'"'swe- I wK I-- C r 3 ! } + a VIP, uea ♦• K �. • • .nom _. -� +r .. �r� . • ' 04t .00.e .L EXHIBIT A Boundary Map of TID No. 8 A.UG 19 194 09:33W EHLERS & ASSOCIATES Estimated Tax Capacity City of Hutchinson Augusta housing Construction Cost per Complex Construction # of units Less Land and Improvements New Market Value Adjustment for Assessed Value New Market Value Adjustment Factor 65% Adjusted Market Value Tax Capacity =2.3% *Adjusted Market Value Estimated Tax Capacity 1993 Tax Capacity Rate New Tax Capacity Less: Tax Credits Estimated Increment Per Apartment P. 1920 EXHIBIT B $2,112,403 56 $2,112,403 9 $2,112,403 52,112,403 651 $1,373,062 $31,580 141. 9 $44,800 % $44,800 $800 L� i �J w %GUSTA HOUSING MANAGEMENT COMPANY 0 EXHIBIT C • TAX INCREMENT FINANCING INCREMENT SHARING SCHEDULE YEAR TOTAL Less: NET INCREMENT AHMC SHARE % CITY SHARE % INCREMENT ADMIN. AFTER ADMIN. OF NET OF NET - -- 1 -- - - - $44,800 - - - - -- $4,800 ---- - - - - -- $40,000 - - - - - -- $40,000 - -- 100% - $0 -- 0% 2 44,800 4,800 40,000 40,000 100% 0 0% 3 44,800 4,800 40,000 40,000 100% 0 0% 4 44,800 4,800 40,000 40,0000 100% O 0% 5 44,800 4,800 40,000 39,537 99% 463 1% 6 44,800 4,800 40,000 36,942 92% 3,058 8% 7 44,800 4,800 40,000 34,379 86% 5,621 14% 8 44,800 4,800 40,000 31,853 80% 8,147 20% 9 44,800 4,800 40,000 29,368 73% 10,632 27% 10 44,800 4,800 40,000 26,929 67% 13,071 33% 11 44,800 4,800 40,000 23,443 59% 16,557 41% 12 44,800 4,800 40,000 19,961 50% 20,039 50% 13 44,800 4,800 40,000 16,488 41% 23,612 59% 14 44,800 4,800 40,000 13,027 33% 26,973 67% 15 44,800 4,800 40,000 9,581 24% 30,419 76% 16 44,800 4,800 40,000 6,167 15% 33,843 85% 17 44,800 4,800 40,000 2,759 7% 37,241 93% 18 44,800 4,800 40,000 0 0% 40,000 100% 19 44,800 4,800 40,000 0 0% 40,000 100% 20 44,800 4,800 40,000 0 0% 40,000 100% TOTAL $896,000 $96,000 $800,000 $450,424 66% $349,576 44% C MEMORANDUM DATE: August 19, 1994 T0: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF LANDUSE /COMPREHENSIVE PLAN FOR THE HOUSING DISTRICT OF AUGUSTA HOMES PROJECT IN THE TIF DISTRICT The Planning Commission recommended approval of the housing plan as presented by Dick Lennes, H.C.D.C., Jean Ward, H.R.A. and Brian Solsrud, Augusta Building Corp. 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 - Primed'" .en rlod n' —' - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 City of Hutchinson City of Hutchinson's Responsibilities: Hutchinson Planning Commission V1 The Hutchinson Planning Commission will review each Tax Increment request as it relates to the Comprehensive Plan and the Land Use and made recommendations to the City Council in the following areas. 1. Has the need for this particular request been identified in the City's planning process? 2. Is the project proposal compatible with the City's plan for future development of the city? 3. Is the use of land appropriate for this project? Hutchinson City Courcil The City of Hutchinson has the responsibility to consider the recommendation for Tax Increment Financing and establish a hearing for a Tax Increment District. If the City Council deter- mines, through the hearing process, that the TIF Proposal is appropriate and should proceed, the City Staff assisted by HCDC staff will work with the developer to execute the process. 0 0 5 0� E Augusta Homes Luxury Apartments Proposal Tax Increment Financing -- Housing (Not Redevelopment) Oct., 1993 First Request for Low/Moderate Housing (Declined by HCDC Board) April, 1994 Second Request for Low/Moderate Housing (Declined by HCDC Board) April, 1994 Invited to develop proposal for Luxury Apartments (HCDC Board) May, 1994 HCDC and HRA created a Joint Review Committee for TIF Housing Requests May, 1994 Received a proposal from Augusta Homes for Luxury Apartments May, 1994 Augusta Homes made presentation to HCDC /HRA Review Committee May, 1994 HCDC/HRA Review Committee declared a moratorium on the decision to establish guidelines and review policy. TIF Financing -- Housing reviewed Council TIT Housing policy reviewed Guidelines developed for TIF Housing policy Criteria developed by HRA to qualify for Luxury Apts. June, 1994 Augusta Homes recalled for another presentation (several conditions were established) June, 1994 Augusta Homes met again with HCDC /HRA review committee to answer the conditions il So-, b'/23/9'-/ MY NAME IS JUNE REDMAN, I AM A NATIVE OF THIS CITY FOR MORE YEARS THAN I WANT TO ADMIT. I FEEL THE CITY HAS DONE A LOT OF GOOD IMPROVEMENTS, BUT I FEEL THAT THEY ARE GOING OVERBOARD, PLEASE LET ME EXPLAIN MY FEELINGS. TAX INCREMENT IS FINE, BUT EVERYTIME IT IS IMPLEMENTED IT ALWAYS IS AN INCREASED EXPENSE FOR THE CITY FOR MORE IMPROVEMENTS WHICH IS AN ADDITIONAL BURDEN ON TAXPAYERS AND TAXES ARE GETTING OUT OF REACH, THERE HAVE BEEN MANY DEVELOPEMNTS THAT HAVE BEEN FINANCED WITH PRIVATE MONEY, BUT TAXES AND ASSESSMENTS HAVE GONE WAY T00 HIGH FOR ANY OUTSIDE OR LOCAL DEVELOPER TO COME INTO HUTCHINSON. I THINK THE CITY FATHERS SHOULD TAKE A GOOD LOOK AT HOW THE COSTS COULD COME DOWN SO TAXES COULD GO DOWN SO OTHER DEVELOPMENTS CAN BE DONE, AND WITHOUT TAX INCREMENT MONEY. I DON'T THINK THERE SHOULD BE SO MANY HANDS IN THE POT SO THE COSTS ,COULD GO DOWN. FOR INSTANCE, DO WE NEED ALL THE NEW VEHICLES FOR CITY EMPLOYEES? I WOULD LIKE TO SEE AN INVENTORY ON ALL THEAEQUIPMENT AND ALL THE THINGS THE CITY OWNS.'.AND.KEEPS ON BUYING. THERE ARE SO MANY STREETS IN THIS TOWN THAT NEED TO BE FIXEDi BUT THERE NEVER IS ENOUGH MONEY. THERE ARE A LOT OF EMPLOYEES THAT COULD MAKE BETTER USE OF THEIR TIME THAN THEY DO, THEY ARE GETTING PAID A GOOD ,WAGE /,AND BENEFITS. I HAVE BEEN AN ORPHAN FOR 30 YEARS AND A WIDOW FOR 22 YEARS, I HAVE HAD TO WORK TOO HARD FOR MY MONEY TO SURVIVE, THERE ARE NO FREE RIDES IN THIS WORLD, I STARTED MY BUSINESSES IN 1978 AND I HAVE HAD TO FIGHT FOR EVERY MOVE I'VE MADE. I REALLY THINK THE CITY SHOULD TAKE A GOOD LOOK AT THEIR SPENDING AND SEE • IF IT CAN'T BE CUT BACK SO THE CITY DOESN'T GO BROKE. A VERY CONCERNED LIFE RESIDENT OF HUTCHINSON, UNE REDMAN 'r• PUBLIC RESOURCE GROUP, INC. Marketing, Development & Finance Specialists July 27, 1994 Mr. G. Barry Anderson Arnold & McDowell 101 Park Place Hutchinson, MN 55350 Re: Revised Development Agreement Augusta Building Corporation Dear Mr. Anderson: Pursuant to our meeting of July 26, 1994, I am enclosing one copy of the revised Development Agreement between the City of Hutchinson and the Augusta Building Corporation concerning the proposed Pay -Go TIF assistance for completion of the luxury town house development project. I believe that this document should include the amendments that we had discussed. If you have any questions please call me at (612)550 -7979. We look forward to working with you. Sincerely, )iGL rc�� i. •3C 1. nard P. Kirscht President cc: Brian Solsrud, Augusta Building Corporation Dick Lennes, Hutchinson Community Development Corporation Encl. 4205 Lancaster Lane North 4 Suite 1100 4 Minneapolis, Minnesota 55441 4 (612) 550 -7979 4 (612) 550 -922_1 Fax �Alwl DEVELOPMENT AGREEMENT By and Between THE CITY OF HUTCHINSON D AUGUSTA BUILDING CORPORATION This document was drafted by: Public Resource Group, Inc. 4205 Lancaster Lane No, Suite 1100 Minneapolis, MN 55441 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 "). WITNESSETH: WHEREAS, pursuant to Minnesota Statutes, the City has formed Development District No. 1 (the "Development District "); and WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.179 as amended, (hereinafter the "Tax Increment Act ") the City has created a Tax Increment Financing District No. (the "Tax Increment District "), and has adopted a tax increment financing plan (the "Tax Increment Plan ") and development program (the "Development Program ") therefor which provides for the use of tax increment financing in connection with development within the Development District; and WHEREAS, in order to achieve the objections of the Development 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 of a certain Project (as defined herein) and the construction of the Project, 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. 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; Bonds or Tax Increment Bonds means a series of the City's General Obligation Tax Increment Bonds, the proceeds of which may be used to finance, among other things, the costs of the Land Write Down, and the Site Improvement expenses; the term "Bonds" shall also include any bonds or obligations issued to refund any Bonds; Bond Counsel means the firm of Dorsey and Whitney, Professional Association, in St. Paul and Minneapolis, Minnesota, or any other firm of nationally recognized bond counsel selected by the City; it means the City of Hutchinson, Minnesota; 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; oun means McLeod County, Minnesota; Developer means Augusta Building Corporation, 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; Development ProWM 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; 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; Project means the construction of a 56 -unit Luxury Townhome facility by the Augusta Building Corporation; Site Improvements means the soil, site preparation, parldng lots, curb and gutter, lighting, utilities, landscaping, and demolition expenses for the Project; Smote 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 qualified as a redevelopment district under the Tax Increment Act; Tax Increment Financing Plan means the plan approved for the Tax Increment District. ARTICLE H : • : ►Y : y � ► : ► � , :_ a_�► III_ 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 is a "qualified housing district" within the meaning of Minnesota Statutes, Section 469.174, Subdivision 10 and 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 District. Section 2.2. Representations and Warranties of 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 has caused 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) To finance the costs of the activities to be undertaken by the City, the City proposes, subject to the further provisions of this Agreement, to use its best efforts to reimburse the Developer for the Site Improvement expenses (as defined in Article III) and to pledge Tax Increments generated by the Tax Increment District for the payment of the principal of and interest on the Debt, all subject to Section 3.2. (5) The City 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 Developer has been notified). The City 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 City 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. (6) The Developer will cooperate fully with the City with respect to any litigation commenced with respect to the Project. (7) The Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the operation of the Project. (8) 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. (9) 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. (10) The Developer would not undertake the Project without the financing provided by the City pursuant to this Agreement. (11) The Project will be substantially completed by June 30, 1995. (12) 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. 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. ARTICLE 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 collapse 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. (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 terms, conditions, and limitations of this Agreement. (3) Failure of the Developer to observe or perform any other 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. (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. 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. (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. (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. 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 any defect in 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. LAND HUTCHINSON APARTMENTS Planned Public Improvements New Assessments $ 42,500 Land Assessments 103,000 TOTAL $145,500 Site Development Costs Site Preparation $48,500 Utility Hook -ups 7,500 Soil Tests and Surveys 8,500 Landscaping 18,500 Playground Equipment 9,141 Sidewalks 32,500 Curb and Gutter 21.000 TOTAL COSTS $291,141 (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. Fees. 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, prior to the purchase of the Development Property by the City or reconveyance thereof to the Developer, but as soon as the plans and specifications for the Minimum Improvements are prepared, 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 ProWa 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 Developer's 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. 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 (1) In the case of the Developer, is addressed to or delivered personally to: Augusta Building Corporation P.O. Box 367 Augusta, WI 54722 -0367 (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. Section 8.5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 8.6. Law Governing. This Agreement will be governed and construed in accordance with 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 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 By Its Mayor By 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. AUGUSTA BUILDING CORPORATION 0 This is a signature page to the Development Agreement dated as of , 19_ by and between the City of Hutchinson and Augusta Building Corporation. 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 Minnesota, a municipal corporation, on behalf of the City. I the City of Hutchinson, Notary Public 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 EXHIBIT A LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY That Property described as follows: S630'OF THE NW 1/4 OF THE NE 1/4 OF SECTION 12- 116 -30 .O,n: r ESTIMATED REPAYMENT SCHEDULEANCREMENT SHARING AUGUSTA HOUSING MANAGEMENT COMPANY TAX INCREMENT FINANCING INCREMENT SHARING SCHEDULE YEAR TOTAL Less: NET INCREMENT AHMC SHARE /o CITY SHARE /o INCREMENT ADMIN. AFTER ADMIN. OF NET OF NET 1 ----------- $44,800 $4,800 - - - - -- $40,000 ---- - - - $40,000 - -- 100% ---- ------ $0 0% 2 44,800 4,800 40,000 40,000 100% 0 0% 3 44,800 4,800 40,000 40,000 100% 0 0% 4 44,800 4,800 40,000 40,000 100% 0 0% 5 44,800 4,800 40,000 39,537 99% 463 1% 6 44,800 4,800 40,000 36,942 92% 3,058 8% 7 44,800 4,800 40,000 34,379 86% 5,621 14% 8 44,800 4,800 40,000 31,853 80% 8,147 20% 9 44,800 4,800 40,000 29,368 73% 10,632 27% 10 44,800 4,800 40,000 26,929 67% 13,071 33% 11 44,800 4,800 40,000 23,443 59% 16,557 41% 12 44,800 4,800 40,000 19,961 50% 20,039 50% 13 44,800 4,800 40,000 16,488 41% 23,512 59% 14 44,800 4,800 40,000 13,027 33% 26,973 67% 15 44,800 4,800 40,000 9,581 24% 30,419 76% 16 44,800 4,800 40,000 6,157 15% 33,843 85% 17 44,800 4,800 40,000 2,759 7% 37,241 93% 18 44,800 4,800 40,000 0 0% 40,000 100% 19 44,800 4,800 40,000 0 0% 40,000 100% 20 44,800 4,800 40,000 0 0% 40,000 100% TOTAL $896,000 $96,000 $800,000 $450,424 56% $349,576 44% ATTACHMENT I CALCULATION OF INCREMENT Estimated Tax Capacity City of Hutchinson Augusta Housing Construction Cost per Complex . Construction # of units Less Land and Improvements New Market Value Adjustment for Assessed Value New Market Value Adjustment Factor 65% Adjusted Market Value Tax Capacity=2.3% *Adjusted Market Value Estimated Tax Capacity 1993 Tax Capacity Rate New Tax Capacity Less: Tax Credits Estimated Increment Per Apartment $2,112,403 56 $2,112,403 $2,112,403 $2,112,403 65 IYG $1,373,062 $31,580 141,86% $44,800 0.00% $44,800 $800 ATTACHMENT H CALCULATION OF ESTIMATED NET PRESENT VALUE NET PRESENT VALUE INTEREST RATE: 5.15% CITY: HUTCHINSON --------- - - - - PROJECT: -- --------- - - - - -- AUGUSTA HOUSING -------------------- --------------- --------- - - - - -- PAYGO -------------------- CUMULATIVE YEAR --------- - - - - INCREMENT -- --------- - - - - -- NET PRESENT VALUE -------------------- --------------- 1994 --------- - - - - -- 0.00 --------------- - - - -- 0.00 1994 0.00 0.00 1995 0.00 0.00 1995 0.00 0.00 1996 20,000.00 17,170.42 1996 20,000.00 33,909.79 1997 20,000.00 50,228.95 1997 20,000.00 66,138.44 1998 20,000.00 81,648.55 1998 20,000.00 96,769.30 1999 20,000.00 111,510.46 1999 20,000.00 125,881.56 2000 19,768.50 139,729.73 2000 19,768.50 153,230.26 2001 18,471.00 165,528.02 2001 18,471.00 177,517.06 2002 17,189.50 188,394.23 2002 17,189.50 198,998.34 2003 15,926.50 208,576.67 2003 15,926.50 217,914.55 2004 14,684.00 226,307.81 2004 14,684.00 234,490.38 2005 13,464.50 241,805.03 2005 13,464.50 248,936.05 2006 11,721.50 254,988.12 2006 11,721.50 260,888.25 2007 9,980.50 265,785.92 2007 9,980.50 270,560.65 2008 8,244.00 274,405.61 2008 8,244.00 278,154.05 2009 6,513.50 281,041.31 2009 6,513.50 283,856.09 2010 4,790.50 285,874.31 2010 4,790.50 287,841.87 2011 3,078.50 289,074.53 2011 3,078.50 290,276.25 2012 1,379.50 290,801.23 2012 --------- - - - - 1,379.50 -- --------- - - - - -- 291,313.03 -------------------- --------------- TOTAL --------- - - - - -- 450,424.00 --------------- - - - -- 291,313.03 ATTACHMENT III PUBLIC IMPROVEMENT SCHEDULE • PUBLICATION NO. 4707 NOTICE OF HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO, 297 LETTING NO.4 PROJECT NO. 94-04 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council will meet at 8:00 PM. on the 23rd day of August, 1994, in the Council Chambers at Cin Hall at Hutchinson, Minnesota, to pass upon the proposed assessment for the improvement of Otter Lake Crossing from Lakewood Drive to South Grade Court by the construction of trunk sanitary sewer, lift station, watermain, bike /walking trail and appurtenances. You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Administrator. No interest shall be charged if the entire assessment is paid by October 1st, 1994. You may, at anytime thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 10% (plus or minus) per year. The right to partially prepay the assessment shall . be until October 1st, 1994. The proposed assessment is on file for public inspection at the City Administrator's Office. The total amount of the proposed assessment is $37,999.00. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Cound may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 1. The City will present its case first by calling witnesses who may testify by narratives or by examination, and by the introduction of exhibits. After each witness has testified, the contesting part will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 2. After the City has presented all its evidence, the objector may rill witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objector's witnesses. 3. The objector may be represented by counsel. 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the Council as to the weight of items of evidence or testimony presented to the Council. 5. The entire proceedings will be tape recorded. 6. At the close of presentation of evidence, the objector may make a final presentation to the Council based on the evidence and the law. No new evidence may be presented at this point. PUBLICATION NO. ASSESSMENT ROLL NO. 297 PAGE An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Administrator. — Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of the law and the resolution adopted under it, may within 30 days of the confirmation of the assessment, apply to the City Clerk, for the prescribed form for such deferral of payment of this special assessment on his property. L (Aw Gary D. Plo , City A istrator, City of Hutchinson, Minnesota PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, AUGUST 9, 1994 AND TUESDAY, AUGUST 16, 1994. 0 0 ENVIRONMENT &�: 9y - �(Y)� INFRASTRUCTURE RUST Emimummt k ln(taaumuc I= 3033 Gmpw Mim Sucre 175 Mmapclit, MN $5441 TeL (612) 551.1001 • FAX (612) 551.24" August 16, 1994 Mr. John P. Rodeberg, P.E. - City of Hutchinson - - -- - -- - -- -- -- - - 111 Hassan Street SE Hutchinson, MN 55350 -2522 Re: South Grade Road Sanitary Sewer and Watermain Improvements Letting No. 4, Project No. 94 -04 Bids Received Dear Mr. Rodeberg: • Bids for the referenced project were opened on Friday, August 12, 1994, at 10`.00 a.m., and were publicly read aloud. Five bids were received for the proposed improvements. As shown on the accompanying bid summary and on the tabulation of bids, they ranged from a corrected low bid of $844,925.84 to a corrected high bid of $1,266,111.25. S.J. Louis Construction, Inc. of St. Cloud, MN, submitted the low bid. The engineer's estimate of construction cost is $745,140.00. Estimating the cost of projects of this nature is particularly inexact, as is evidenced by the wide range of the bids themselves. Unknowns that the lake crossing presents, and associated perceived risks, due to the fact that prospective bidders cannot examine the site nor reasonably obtain soil boring or other data, can tend to increase unit prices above expectations. The final project design includes a gravity sewer crossing of Otter Lake which, together with the proposed watermain, are specified to be supported on piling. The pile foundation is necessary because, according to geotechnical information, soils in the lake bottom are expected to be low in bearing capacity and are not conducive to maintaining a suitable gradient on the sewer pipe. A gravity sewer crossing of the lake was a premise for the design in an effort to forego the need for a wastewater pumping station on the west side of Otter Lake, with its inherent operating and maintenance costs. While a pumping station could be installed on the west side of the lake, which would discharge via a force main into the proposed pumping station that is necessary on the east side of the lake, the force main could present problems if not adequately supported. Differential settlement of the pipe in the lake bottom soils could result in intermediate high points in the force main grade or profile. Air would tend to become trapped in such high points, and could eventually result in air locking and operational failure. Furthermore, an unsupported force Quality drough ttammar4 0 5 Mr. John P. Rodeberg August 16, 1994 Page 2 main would necessitate the use of a more sophisticated flexible pipe joint that, while tending to accommodate a greater degree of differential pipe movement, is considerably more expensive than joints that would be utilized on a stable supported forcemain. Hence, a design which would include a lift station on the west side of the lake was not implemented because, while construction costs were anticipated to be somewhat less than those of the proposed gravity sewer crossing, operating and maintenance costs would be an ongoing concern. S.J. Louis Construction, Inc., submitted documentation of nearly 140 projects which they have completed during their eleven years of construction work. Original contract amounts for those projects ranged from about $20,000 to approximately $5.4 million. One project, Hunters Ridge Fairway Estates, is a City project that is currently under construction. i Two projects were of particular interest. The first, the Sioux River South Interceptor Sewer Skunk Creek -Phase V, was a $1.2 million project for the City of Sioux Falls, SD. While discussing the project with City Engineering staff, it was explained that the project involved crossing the Sioux River and installing sanitary sewer adjacent to the river under conditions of high ground water. The contractor was able to control water and, according to City staff, did a very good job, especially by following pipe installation with timely restoration and cleanup. The • City was pleased with the results. The second project of interest was the St. Cloud East Side Sanitary Sewer Interceptor project. The $1.7 million project included a pipe crossing of the Mississippi River. City staff said that S.J. Louis Construction had no significant problems with the river crossing. They expended the necessary effort, working considerable overtime, to complete the project on schedule. Although bids for Project No. 94 -04 exceeded our estimate, it is the opinion of RUST E&I that rejecting all bids and re- bidding in an attempt to lower contract costs would not be in the best interests of the City for the following reasons: • the ultimate completion of this project, which is a significant extension of the City's wastewater collection infrastructure and service area, will be delayed; • re- bidding an identical project without reducing the scope or character of the work often results in higher prices; • the nature of this project is such that re- bidding will probably not draw many additional bidders, which also is not conducive to lowering costs. 0 Mr. John P. Rodeberg August 16, 1994 Page 3 Based upon the foregoing discussion and the input of others as to the capabilities of the low bidder, we recommend that a contract be awarded to S.J. Louis Construction, Inc. If there are any questions or if additional information is needed, please call me at 551 -2427. Sincerely, ug�v�Q_, . Anderson, P.E. Attachments File: 42794.311 W :1 SPECSk42794 V.ETTERS\BidReemd.ela 0 SUMMARY OF BIDS RECIEVED CITY OF HUTCHINSON SOUTH GRADE ROAD SANITARY SEWER AND WATERMAIN IMPROVEMENTS LETTING NO. 4 PROJECT NO. 94 -04 BID DATE: AUGUST 12, 1994 BID TIME: 10:00 A.M. Contractor Name Bid S.J. Louis Construction, Inc. $844,925.84* St. Cloud, MN. . Barbarossa & Sons, Inc. $868,283.40 Osseo, MN. Northdale Construction Co., Inc. $992,007.65* Rogers, MN. Duininck Bros., Inc. $1,183,393.00 Prinsburg, MN. Quam Construction Company, Inc. $1,266,111.25* Willmar, MN. * Denotes corrected bid SW27941SUMMB1D3LA rI I* CRYOF 1DMWNSDK MKIMMOTA DOWN OR" ROAD SMITARY SEA'ER AND WkMAL ON IYPNDYE0,6AT1 LEnMWDA PW$WT01Dl1-04 TA6IMPON 0306 EIIDINEER'B IsJMMAM Eab w" LAS, IMO III. 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N11AMa li. rm IlNmrm $10,13.0..0 IHllaea W,111.a sgreJ.iWO $11.141.10 NeAn" WAMOO MAMA. 3$11,1$1,40 .011,4110 391.13,41 i.OW $%OAOM 11N04m IWAMO $1OI.Aam f,l10bM 4.OW �,M� t Of 1 i IN mTU1arD2ATEDOOIT 4 110.111. • 0 0 0 -Sb • C • M E M O R A N D U M August 19, 1994 TO: Mayor & City Council FROM: John P. Rodeberg, Director of Engineering /Public Works RE: OTTER LAKE CROSSING (Letting No. 4 /Project No. 94-04) • PUBLIC HEARING ► Resolution Approving Assessment Roll ► Resolution Accepting Bid and Awarding Contract Attached is a letter from Gene Anderson of Rust Environment & Infrastructure regarding the project. Although we are not excited about the cost of the project, we agree that the there seems to be no expectation that the project cost would decrease if we wait and rebid. Based on this, and the positive references from the contractor, we recommend award of the project. As noted in the attached memo, only 4 properties are directly assessed for this project. Other properties along the route on the west side of the lake, outside of the City, will be assessed frontage in the future. The four properties to be immediately assessed are those south of South Grade Road on the east side of Otter Lake. We have based their assessment on the costs for Lakewood Drive. Please give me a call prior to the meeting if you have any questions. • cc: Cal Rice - Engineering Department CfiCenter L4/94-04 111 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 - Printed on recycled paper - Police Se; 10 Franklin t Hutchinson, MN (612) 587- 57b Fax(612)5t MEMORAB August 5, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of EngineeringlPublic Works RE: OTTER LAKE CROSSING (south Grade Road) Letting No. 4 /Project No. 94 -04 Resolution Ordering Preparation of Assessment Roll Resolution Accepting Assessment Roll and Calling for Hearing Since bids are being opened on August 12 for the above referenced project and we would like to award the project immediately to facilitate timely construction, we are proposing to set the Assessment Hearing date for the four homes on South Grade Road, adjacent to this project, at the next Council meeting. Also, since the project costs can not easily be broken • done to the type of the project, we are proposing that the assessment rates be based on the rates paid by the properties on Lakewood Drive. Since the parcels are appro>amately 20% larger than those on Lakewood Drive, we propose to add 20% to the sanitary sewer and watermain rates. We will not charge for storm sewer or new street assessments since these are not being constructed, but will assess a street restoration fee to cover costs of South Grade Road restoration. These are estimated based on 60% of the costs for street and storm sewer on Lakewood Drive. The rates are proposed as follows: Sanitary Sewer Lateral Sanitary Sewer Trunk Watermain Lateral Watermain Trunk Street Restoration TOTAL PROPOSED ASSESSMENT $2,406.26 x 1.20 = $2,887.51 $ 500.00 $1,594.38 x 1.20 = $1,913.26 $ 175.00 $6-706.64 x 0.60 =_ $4.023.0 $9,499.75 I assume that the deferments will be handled the same way as Lakewood Drive. cc: Ken Merrill, Finance Director file: 1-4/94 -04 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 :tchinson, AN 55350 -2464 (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Fax (612) 234 -4240 Fax (612) 234 -4240 Fax (612) 587 -6427 Primed on ren,W nape, . , • RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 297 LETTING NO.4 PROJECT NOS. 94-04 WHEREAS, pursuant to receipt of petition and waiver of hearing the Council has met and reviewed the proposed assessment for the improvement of Otter Lake Crossing from Lakewood Drive to South Grade Court by the construction of trunk sanitary sewer, lift station, watermain, 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 _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 November 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 1st 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 23rd day of August, 1994. Mayor City Administrator 5 .b RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 4 PROJECT NOS. 94 -04 WHEREAS, pursuant to an advertisement for bids for the improvement of Otter Lake Crossing from Lakewood Drive to South Grade Court by the construction of trunk sanitary sewer, lift station, watermain, and appurtenances, and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: S.J. Louis Construction, Inc. $ 844,925.80 Barbarossa and Sons, Inc. $ 868,283.40 Northdale Construction $ 992,007.65 Duininck Bros., Inc. $1,183,393.00 Quam Construction Co. $1,266,111.25 AND WHEREAS, it appears that S.J. Louis Construction of St. Cloud, MN is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Mayor and City Administrator are hereby authorized and directed to enter into the attached contract with S.J. Louis Construction, Inc. of St. Cloud, MN, in the name of the City of Hutchinson, for the improvement contained herein, according to the Plans and Specifications therefor approved by the City Council and on file in the • Office of the Director of Engineering. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the Contract. Adopted by the Hutchinson City Council this 23rd day of August, 1994. Mayor City Administrator 0 5b 0 BOXED AD - 4" X 5" CITY OF HUTCHINSON PUBLIC NOTICE BOARD OF REVIEW MEETING AAGARD WEST SANITATION SERVICES 8:00 P.M. TUESDAY, AUGUST 23, 1994 The City Council of the City of Hutchinson will meet to . hold a Board of Review regarding solid waste services provided by Aagard West sanitation services. The hearing will take place at the Hutchinson City Center, 111 Hassan St. S.E., on Tuesday, August 23, 1994, at 8:00 p.m. . Public input from city residents is invited. PUBLICATION NO. 4710 PUBLISHED IN THE HUTCHINSON LEADER THURSDAY, AUGUST 18, 1994 5c� 0 9 t-hutcl-hinson community hospital burns manor nursing home 1095 Highway 15 South • Hutchinson, MN 55350 • 612/234 -5000 August 17, 1994 - Bonnie Baumetz Hutchinson City Center 111 Hassan St S. Hutchinson, MN 55350 Dear Bonnie: The Athletic Rehab Center, a new division of HCH/BMNH Rehabilitation Services, will be sponsoring an 8K run on September 10, 1994. The run was developed as another way to emphasize the hospital's • commitment to the health and wellness of our community. At the same time, we hope to increase community awareness of our new Athletic Rehab Center and the services we provide. The run is scheduled for 9:00 a.m. Saturday, September 10th, with the last of the runners estimated to finish by 10:30 a.m. The course is a five mile loop that begins and ends at HCH, terrain is relatively flat as it winds around south Hutchinson on predominately through streets. Traffic assistance from the Hutchinson Police Department and/or barricades is anticipated at four key intersections. Please refer to the attached map and street description of the intended course. If I can provide any further information please let me know. Thank you Sincerely, Dawn Gillick, P.T. Athletic Rehab Center Hutchinson Community Hospital Enclosures n. J, C� (� 3 4 - 4-8 7s) 1,,0 Awe,, &v6 Cestt: K F,An Q4n a, Cantv'y i- 3elk:.tn Sr. C.i lt}ttes,,% iv J11+ AY2 S t. rJ o S0- Ave s a -t4 s to Lyon OZJ S e.v Lynn Rj Tv Linden Ave �J ;;.i Lindtn Ave To Rodr,Ajlto St. N :.i Hxrr,Op., j♦L A4C SVJ Sti. AYt �s.�t.-�a.ls� Sts. Ave s tt�.v)S Main St's to W�SSFn �t Masao Ut- kl....d !1vt. 1a S : }vv �:.v ST A S �•l S�: �L,iJn i+. to LeAtv.y Aye to 4,n,36 i.nt 13= preos of - �ra+'�io/ bArricaJC 4s5I s +An 4 )K Par +ic+A+1 to rv.n t154�ns4 tv rR S+Aft IIAt 7J C Ate of LYnn Qd Unttan Ave; -t�" Yvn WiA trt4li f�tft to 4i' c liAt- i HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY 111 Hassan St. SE Hutchinson, Minnesota 55350 12t (612) 234 -7738 (612) 587 -7500 FAX: 612 - 234 -4240 EQUAL HOUSING OPPORTUNITY Date: August 5, 1994 To: Mayor & City Council 1, From: Jean Ward, Executive DirectoruN yJ J Re: Small Cities Development Program Grant Application for Housing Rehab The continued rehabilitation of existing homes in Hutchinson has been identified by the HRA as a needed on going activity. To achieve that goal, the Hutchinson HRA has been working with Mid -MN Development Commission on a Small Cities Development Program Application for housing rehabilitation. • The HHRA has completed a survey in the Adams Street Neighborhood. Survey results indicate that there is both interest and a need for a low interest housing rehabilitation loan program in this area. The HRA will be holding a public information meeting on August 31, 1994, to obtain neighborhood input for the program development. The guidelines for the program state that the City of Hutchinson needs to be the applicant and that a public hearing must be held. The HRA Please let me know if you have any questions on this project. Is C M E M O R A N D U M August 18, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Discussion of City Demolition Landfill The City has had a demolition landfill for many years to handle street and utility demolition • materials. The landfill is located adjacent to the Composting Facility. In order to extend the permit, we must now go through a lengthy and fairly expensive process. Because of the high cost of maintenance (a contractor has to be hired for some of the work), and the limited and decreasing use of the site, we are recommending consideration of closing the landfill. We can dispose of the material at a private site for similar or less cost. At this point our demolition landfill can not be used until the extension/repermitting process is completed. Hutchinson Utilities is one of the largest users of the site. As noted in the attached letter from Street Supervisor Larry Karg, we can operate well without it. Hutchinson Utilities is currently the largest user of the site. We will review this with them and We recommend review and consideration of closing the City demolition site. cc: Clarence Kadrmas - Hutchinson Utilities, General Manager Larry Karg - Street Supervisor Is file: City Demolition Landfill City Center Parks & Recreation 111 Hassan Street SE 900 Harrington Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 (611) 587 -5151 (612) 587 -2975 Fax(612)234 -4240 Fax(612)234 -4240 P'm?'d nn .....I'd Police S^^4— 10 Franklir• Hutchinson, M 1 (612) 58 "l d Fax (612)- C M E M O R A N D U M DATE: August 9, 1994 TO: John Rodeberg - Director of Engineering /Public Works FROM: Larry Karg - Street Supervisor SUBJECT: Status of the Hutchinson Demolition Landfill On June 22, 1994, Gary Zick and Jacqueline Deneen of the MN Pollution Control Agency inspected our Demolition Site. At that time they informed me that our permit had expired, and we would now be required to re- permit the entire site. Enclosed you will find the re- permit instructions. During our discussion of the site it was mentioned that due to our low • usage rate based on the last 5 years it may be more economical to close the facility and haul our material to a local private demolition site. The MPCA has indicated that re- permitting costs may exceed $6000.00. If we were to close the site I believe the following scenario would develop; by closing the site I believe we would promote better recycling efforts by the departments. Also, each department would have to budget individually for the waste that they produce. Presently most cost falls on the Street depart- ment personnel and budget. In reference to the material that is hauled to the site, lumber, brick, block and wood of any type is all we really need to haul to a permitted site. Clean dirt, sand, rock, gravel, concrete and bituminous chunks are all recyc- lable so we do not need a permit of any type. The only large problem the Street department would have is disposal of our street sweepings from Spring and Summer sweeping operations. This material would need to have the paper, bottles, cans and other miscellaneous material screened out of it before we could legally reuse it as a regular sand or clean fill -type commodity. Again the MPCA has stated that if this were done to street sweepings it would no longer be classified as a waste material needing to go to a permitted site. Keep in mind that if we were to screen the material, only about 5% would be material that we need to dispose of at a landfill. The rest of the sand and gravel could be used again for construction work of many types. I also believe this would keep all departments efforts to sort and recycle their waste at a high level. By doing so each department would manage their cost-for demolition disposal and budget accordingly. Keep in mind, according to the MPCA we should not be using our site, our 40 City Center Ill 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 recycled paper - Police Services 10 Franklin Stre Hutchinson, MN 55:. (612) 587 -224 Cl Fax (612) 587 -( t C� s PAGE 2 - MEMORANDUM TO J. RODEBERG permit has expired. If we decide to close the facility there will be some costs for site grading. It is possible that the National Guard would assist us in some manner, it would depend on any time schedule the MPCA would dictate to us. I would like to see this issue discussed at a department -head meeting, and ultimately a decision must be made to keep open or close our present facility. I would be happy to attend any of these meetings to answer any other questions anyone may have about this subject. If we are to close the site, I would still like the ability to attend one solid waste seminar every 2 years in order to keep my license current and to . find out what is happening with solid waste regulations. r1 L J City Center III Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Far(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 -Printed on recycled taper - Police Services 10 Franklin Strec Hutchinson. MN 553 (612) 587 -224. Q Fax (612) 587 -64 f C. August 19, 1994 MEMO Dick Siewert, Partner, Charles Bailly & Company, will review the 1993 audit for the city council. Dick will review the audit • document and management letter. Please bring with you these two documents which had been disturbed at the last meeting in July. Dick or I will be prepared to answer questions you may have or specific areas you would like to review. If you would like to call prior to the meeting this would be of help in our preparation. r1 LJ 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 - Printed on recycled paper - Police Serviree a 10 Franklin St Hutchinson, MN 5. (612) 587 -e' q Fax(612)582 C August 19, 1994 MEMO Mark Flatten and Dennis Potter will be in attendance Tuesday evening to discuss health insurance renewal. Preliminary discussion with Dennis and Mark indicate the rates will remain • unchanged from this year based upon Mark's review of the current year. This would be the second year with out a funding change. We operate a self insurance fund with administration costs and stop loss coverage by outside parties. Administration and stop loss costs are being negotiated by Mark and Dennis but it appears the administration costs as well as stop loss cost will be increasing. The costs would still not require a funding change based upon the budgeted numbers Mark has prepared. Complete information on the renewal will given at the meeting. The contract renews September 1. 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 - Printed on recycled paper - Police Services 10 Franklin St Hutchinson, MN,' (612) 587 -i Far (612)581-, City of Hutchinson 8123194 LJ Prepared By: American Risk Services, Inc. NEDICAL.XLS Total Current Rates Renewal Rates Renewal Rates Percent Change 1993 1994 1994 Medical Inventory MN Single 14 11 11 - 21.4% Family 70 74 74 5.7% Administration Fee Single 10.85 11.90 11.90 9.7% Family 10.85 11.90 11.90 9.7% Annual 11,067.00 12,138.00 12,138.00 Stop Loss - $25,000 Single 22.01 25.31 23.74 15.0% Family 51.35 59.05 55.39 15.0% Annual 48,504.12 55,777.32 52,323.94 Aggregate Attachement Points MN Single 162.32 16232 194.78 0.0% Family 379.03 379.03 454.84 0.0% Annual 358,004.88 358,004.88 429,605.86 Organ Transplant - Pooled Single 1.30 1.75 1.75 34.6% Family 4.30 5.70 5.70 32.6% Annual 3,990.00 5,292.60 5,292.60 • PPO Fee Per Employee 3.75 3.90 3.90 4.0% Annual 3,825.00 3,978.00 3,978.00 Agent Fee Per Employee 1.00 1.00 1.00 0.0% Annual 1,020.00 1,020.00 1,020.00 Life Rate per $1000 0.17 0.17 0.17 0.0% Volume 3,159,882.35 3,159,882.35 3,159,882.35 Annual 6,446.16 6,446.16 6,446.16 TOTAL FIXED COST 74,852.28 84,652.08 81,198.70 13.1% Prepared By: American Risk Services, Inc. NEDICAL.XLS Total MEMORANDUM TO: Mayor and Council FROM: Steve Madson, Chief of Police DATE: August 19, 1994 RE: Communications Implementation Plan Attached herewith please find the communications implementation plan that was requested by the council. Additionally, I have worked out a preliminary agreement to extend the contract of the consultant firm, Ward Montgomery and Associates. The agreement would incorporate the hourly rate previously utilized ($90.00 for professional engineer time and $70.00 for associate time) with a maximum of $7,500.00. This maximum would incorporate specification development assistance and installation assistance. I will be in attendance at the August 23 City Council meeting to answer any questions you may have regarding the consultant contract or the implementation plan. If you have questions that I could answer prior to the council meeting, please do not hesitate to contact me at your earliest convenience. CITY OF HUTCHINSON COMMUNICATIONS PROJECT IMPLEMENTATION PLAN The City of Hutchinson employed the consulting firm of Ward Montgomery and Associates to examine and submit recommendations relevant to the current condition and necessary modifications /purchases to improve the overall system capability. The primary goal of improving the wireless communications system is that of safety. Not only to the general public but also to the employees of the city. Secondarily, the wireless cornmLir ications system should be improved to allow for more efficient productivity by city employees. The consulting firm submitted its' final written report on June 13, 1994, with an oral presentation to the City Council on June 28, 1994. Nine (9) recommendations were presented in the final report. This implementation plan will identify each recommendation and how the installation will be effected. RECOMMENDATION 1: WE RECOMMEND THAT THE CITY OF HUTCHINSON BUDGET TO ACQUIRE BASE "CONTROL STATION" CAPABILITY ON THE SHERIFF'S LAW ENFORCEMENT CHANNEL, INTEGRATE THIS CAPABILITY IN ANY NEW RADIO CONTROL CONSOLE, AND SECURE WRITTEN PERMISSION FROM THE SHERIFF TO SUBMIT A CONTROL STATION LICENSE APPLICATION ON THE FREQUENCY. AS A PART OF ANY FCC LICENSE MODIFICATIONS SUBMITTED TO THE FCC, WE FURTHER RECOMMEND THAT THE CITY SEEK OPERATING AUTHORITY ON THE MINSEF (MUTUAL AID) FREQUENCY FOR BASE STATION USE. The police department will begin immediately to obtain the approval of the McLeod County Sheriff to install and operate the "control station" for the sheriff's department base station. Upon receiving approval from the Sheriff, application material will be forwarded to the FCC for the "control station" as well as for the mutual aid frequency and tactical fireground channel in recommendation 6. RECOMMENDATION 2: WE RECOMMEND THAT FERRITE ISOLATION DEVICES BE ACQUIRED AND INSTALLED ON BOTH THE POLICE /FIRE TRANSMITTERS AT THE SOUTH PARK 1 • u 21 r �J WATER TANK BY THE RADIO MAINTENANCE CONTRACTOR. At this time no action is being taken on this recommendation. It may not be necessary to install the isolation devices due to the fact that new frequencies are being explored by the police department to be used for operational purposes. If- new frequencies are found there may not be any spurious signals generated by the simulcast of the new frequency combination and, therefore, no need to install - the isolation devices. RECOMMENDATION 3: WE RECOMMEND THAT A NEW BASE STATION BE ACQUIRED FOR POLICE DISPATCHING AND THAT EQUIPMENT BE UPGRADED FOR FIRE DISPATCHING WHICH IS CAPABLE OF SUPPORTING TONE SQUELCH OPERATION. WE FURTHER RECOMMEND THAT LIGHTENING PROTECTION AND GROUNDING IMPROVEMENTS SUITABLE FOR A RADIO COMMUNICATIONS SITE BE MADE AT THE SOUTH PARK WATER TANK LOCATION BY THE RADIO CONTRACTOR. • The grounding improvements are currently in process and will be completed by August 26, 1994. The new base station equipment has been identified and only needs approval to be purchased. An approximate ninety day (90) lead time is necessary. This equipment can be installed immediately upon receipt as its' location will be at the south park water tower. Please note that the consultant recommendation calls for a new police base station and updating the fire base station. Perhaps it would be prudent to install a new fire base so that the equipment is of the same generation. RECOMMENDATION 4: WE RECOMMEND THAT THE CITY OF HUTCHINSON RESOLVE TO IMPROVE COMMUNICATION SYSTEMS FOR THE BENEFIT OF OFFICERS USING PORTABLE RADIOS. FURTHER, WE SUGGEST THAT THE CITY ADOPT A MOBILE AND PORTABLE RADIO PURCHASING STANDARD WHICH STIPULATES THAT ALL EQUIPMENT SHALL HAVE A MINIMUM OF 16 CHANNEL CAPACITY, BE SYNTHESIZED (I.E. PROGRAMMABLE), USE SIMILAR BATTERIES AMONG RADIOS IN A GIVEN DEPARTMENT, AND THAT PORTABLES HAVE A MINIMUM RF POWER OUTPUT OF 5 WATTS. 2 a This recommendation has been agreed upon by the fire department and police • department. All future purchases will comply with this recommendation. RECOMMENDATION 5: WE RECOMMEND THAT FIELD STUDY INQUIRIES BE EXHAUSTED WITH THE OBJECTIVE_ OF LOCATING SUITABLE CHANNELS TO ESTABLISH REPEATER OPERATION. IF SUCCESSFUL, WE RECOMMEND THAT FREQUENCY COORDINATION AND FCC LICENSE APPLICATION BE FILED. Mankato Mobile Radio is currently conducting the field study in an effort to identify two compatible radio frequencies that could be utilized as a repeater pair. It is anticipated that this study will be concluded in mid September. If compatible frequencies are found, the necessary applications will be filed soon after. The radio frequency acquisition will have no impact on the purchase of new base stations as the base stations (recommendation 3) operate in the same frequency range that is being studied. RECOMMENDATION 6: WE RECOMMEND THAT THE CITY OF HUTCHINSON MODIFY ITS RADIO LICENSE IN THE FIRE SERVICE TO PERMIT OPERATION ON FIREGROUND CHANNEL • 153.830 MHz. This recommendation will be completed at the time all FCC applications are submitted. When the license approval is received, the fire department will install in current radios. RECOMMENDATION 7: WE RECOMMEND THAT THE CITY OF HUTCHINSON: a) Budget funds to improve the functionality and acquire microprocessor based radio control systems for two operating positions; b) include a UPS (uninterrupted power source) in the design of the new facility; C) allocate space for "back room' equipment to support dispatching operations in the basement of the police building; 3 • • d) solicit optional bids for custom console furniture built to fit the dimensions of the dispatch work area; e) attend to matters relating to tower grounding, acoustic retrofitting, adjustable track lighting, and modifications to HVAC systems in the dispatch center at the time improvements are made to console systems. f) Coordinate with Its alarm supplier for upgrades to CCTV and alarm monitoring systems at the time improvements are made to console systems. This recommendation will require the most attention as well as time to complete. Assuming a September 1 authority date to continue this project, specifications for console electronics will require approximately thirty days (30) to complete. An additional thirty days (30) to advertise for and receive bids will be required. Approximately one hundred eighty (180) will be the lead time from date of order to receipt of electronics equipment. Space has already been identified for the "back room" equipment. This area is in the storage room located in the basement of the police station. Custom console furniture will require approximately ninety (90) days to construct and deliver. These items would need to be ordered in January 1995. Acoustical, electrical and HVAC retrofitting will be completed by local contractors with work intermittently being completed prior to installation of console furniture and electronics. The target completion date is May 1, 1995. RECOMMENDATION 8: WE RECOMMEND THAT THE POLICE DEPARTMENT MODIFY ITS TELEPHONE SYSTEM TO CENTREX SERVICE PERMITTING COMPATIBILITY WITH CITY HALL PHONES AND SERVICE, ALLOWING ADDITION OF CENTRAL OFFICE BASED VOICE MESSAGING, AND INTEGRATION WITH E 9 -1 -1 EQUIPMENT. Installation of new telephone system has been completed. Currently, installation of new E911 equipment is proceeding on schedule with the system becoming live on August 24, 1994. Iv 9r RECOMMENDATION 9: WE RECOMMEND THAT DEPARTMENTS SUCH AS • PARK /RECREATION AND ADMINISTRATION EXPERIMENT WITH COMMERCIAL PAGING SERVICE AS A MECHANISM TO ESTABLISH BETTER COMMUNICATIONS AND CONTROL OVER FIELD FORCES. This is a recommendation that will need to be addressed by individual directors. The police department has been using this type of service for over one (1) year with very good results. FINANCING OF PROJECT The Finance Director has indicated that this project can be financed by the issuance of equipment certificates. The estimated total cost of this project is $195,455. The current interest rate is 6 %. The equipment certificates will be issued for sixty (60) months with a repayment of $45,000 per year. Initial payment to be made from the 1995 Police Department budget. y 0 • I 0 MEMORANDUM TO: Gary Plotz, City Administratoy FROM: Steve Madson, Chief of Police J J DATE: July 20, 1994 RE: Communications Consulting Agreement As you are aware, the City entered into a consulting agreement with W. M. Montgomery and Associates to assist in completing the communications report. This was completed June 28, 1994, with a presentation to the city council. As we enter the implementation period I believe the need exists to continue utilizing the consultant to assist in procuring as well as equipment installation. Because of the complexities of new technology, I do not feel comfortable in attempting to do this on my own. Therefore, I am requesting authority to extend the contract with W. M. Montgomery . and Associates. I have received a quote of $90 per hour for engineering and $70 per hour for associate time. I believe we can minimize the expense, however, by extending the contract which I believe will ultimately save the city money. If you have any questions or concerns regarding this memorandum, please do not hesitate to contact me at your earliest convenience. /Ikg 94 -02 -0017 R -3 DAVID B. ARNOLDI • GARY D. MCDOWELI STEVEN A. ANDERSON O. BARRY ANDERSON• STEVEN S, HOGE LAURA E. FRETLAND DAVID A. BRUEGOEMANN PAUL D. DOVE • - JOSEPH M. PAIEMENTI RICHARD O. WOEE CATHRYN D. REBER GINA M. BRANDT BRETT D. ARNOLD IA 0 ADMITTED IV T7. %A$ AND YEM YORE 'ALSO ADMITTED IN M Sf SIX August 19, 1994 AI?NOLD & MCDOWELL ATTORNEYS AT LAW 101 PARE PLACE HUTCHLYSON, MINNESOTA 55350 -2563 (612) 567 -7575 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 FAX 6121 887 -4088 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Prince of Peace Project Our File No. 3244 -93068 OF COUNSEL WILLIAM N. CAMERON RAYMOND C. TALLIER 5881 CEDAH LAKE ROAD MINNEAPOLIS, MINNESOTA 8600 1812)548 -0000 FAE_10IE1 848-1790.. 801 SOUTH FOURTH STREET PRINCETON, MINNESOTA 88371 (818) 389 -2214 - FAX 10121389-5096 Dear Gary: • Enclosed please find a copy of correspondence from Roger Gordon at Winthrop & Weinstine along with the original Consent of the City of Hutchinson form that he prepared. Please have this correspondence placed in the Council packet for this coming Tuesday evening. Since the closing is contemplated for next week, i would ask that the Mayor sign the Consent form immediately following the meeting and deliver the same to local counsel for Prince of Peace, Attorney R. J. McGraw. Thank you for your time and attention to these matters. Best regards. Very truly yours, Is ARNOLD G. Batty GBA:lm Enclosure 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ) D Q, "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION WINTHROP & WEINSTINE A PROFESSIONAL ASSOCIATION SHERMAN WINTHROP JONJ. MOGANSON Attorneys and counselor; at Law JVLLE WIDLEY S[ANELL CATHFRDlEA D(MLDIGVEZ ROBERT R. wElNSTDJE SANDRA] MARIW INOMAS IL DCIYD 1NER22 M MAR30 RICHARD A. MOM GARYW. SCNOKMILLER JEFFREY LSLDOSRFI4 SUTANNEMS ROGERD.GORDON TODD B. 1JMESS 3200 Minnesota wodd7Yade Center JOSEPH C. NAUMAN TREVOR V.4UND STEVEN C. TOURER TIMOTHY M. HAANETT 30 East Seventh street DANIEL C. BECK BLAQAAOSEMTRAL YD STEPMENISNER SCOTTJ.DONGOSRE ERICINYSTROM MICHAMPNOIDR MARTN C. INGSER PETERI.GLEEKEL Saint Paul, Minnesota 55101 KRISTIN L PETERSON RACHELA.ARMSIRON4 HAW KOLLER EDWARDJ.DRENTTEL Telephone (612) 290 -8400 JCANNELMAT61! MATIJIEwxR00S DAVID P. PEARSON JEFFREY R ANSEL Fax(612)292 -9347 EVAN D. COOKS THOMAS M. HARIN LAUR1E A KNOCKE THOMAS A. WALKER DAMN C. KNUTSON LLOYD W GROOMS 3000 Dain Bosworth Plaza cINAM. GROna FoLIEH JOHNA.KNAPP JULIE R WILLLAMSON 60 South South Street PATRICK W WEBER _ - ERIC O. DSON MA BErSYJ. LOUSHIN - - CJIAP4E3 A: DtIRANT Minneapolis, Minnesota 55402 MICHEL.ED.VA NCOUIV MARKT.JOHNSON nNiCTHYA DMENGA JOSEPH S.. FRIFDBEIG DAVID E. MORAN, JR. JENNIFERWWCKBR£RINGER Telephone (612) 347 -0700 CRAIGA.BRANDT orc. N DONALD I. BROWN BROOKS F. POLEY Fex(612)347 -0600 - -- TAMESw.DIERKDM `- DANIEL W. RARDT Direct Dial August 9, 1994 Reply 7b efL' d (612) 347 -0624 Minneapolis Mr. G. Barry Anderson Arnold & McDowell 101 Park Place Hutchinson, Minnesota 55350 RE: Prince of Peace Project Dear Barry: Thank you for sending me the Development Agreement and related documents with respect to the • above - captioned matter. Upon my review of the Development Agreement and, in particular, Section 5 thereof, it appears that the Development Agreement precludes Prince of Peace from mortgaging or leasing the property without the consent of the City. Therefore, I have prepared the enclosed Consent to be signed and delivered by the City in connection with this matter. If this form of Consent is acceptable to you, please undertake to have this Consent signed and delivered by the City as soon as possible so that it is in place prior to the marketing of the Bonds. Your assistance is appreciated. If you have any questions or comments, do not hesitate to call. Very truly yours, WINTHROP & WEIII��NSTINE, P.A. /Roger D. Gordon RDG:jb • Enclosure cc: Mr. Ron McGraw - w /enclosure Mr. Jerome Gilligan - w /enclosure Mr. Wynn Juran - w /enclosure ��' • CONSENT OF CITY OF HUTCHINSON THIS CONSENT, made as of the _ day of , 1994, by the City of Hutchinson, Minnesota (the "City "). WITNESSETH: WHEREAS, the City and Prince of Peace Senior Apartments, Inc., a Minnesota nonprofit corporation ( "Peace "), previously executed and delivered that certain Development Agreement dated June 29, 1994 (the "Development Agreement "); and WHEREAS, Section 5 of the Development Agreement requires the consent of the City to certain actions taken or to be taken by Peace; and WHEREAS, the City is willing to grant such consent as set forth below. NOW, THEREFORE, the City hereby consents to the following actions by Peace as required by Section 5 of the Development Agreement: 1. the granting of a mortgage on the Property (as defined in the Development Agreement) to American Bank National Association, as trustee (the "Trustee "), • pursuant to that certain Mortgage Agreement to be executed by Peace and delivered to the Trustee to secure the Housing Facilities Revenue Bonds (Prince of Peace Project), Series 1994, to be issued by the City in a principal amount not exceeding $2,400,000; and 2. the leasing in the ordinary course of business of the 40 units to be contained in the residential apartment complex to be constructed by Peace and located on the Property. IN WITNESS WHEREOF, the City has executed and delivered this Consent as of the day and year first above written. CITY OF HUTCHINSON, MINNESOTA M Attest: • MPLS:294561 Its: Mayor Its: City Administrator IOCI-. • ORDINANCE NO.94 -117, 2ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. That the municipally owned real property legally described as follows: Lots 6, 7, 8, 9, and 10, Block 31, original townsite of Hutchinson, South Half. Together with: That part of vacated Glen Street and vacated Third Avenue more particularly described as follows: Beginning at the southwest corner of said Lot 6, Block 31; thence South 89 degrees 47 minutes, 00 second West, assumed bearing along the westerly extension of the south line of said Lot 6, a distance of 41.25 feet; thence on a bearing of north 371.25 feet; thence north 89 degrees 47 minutes 00 second east 116.25 feet; thence south 58 degrees 19 minutes 55 second east 66.97 feet to the northerly extension of the east line of said • Lot 10, Block 31; thence on a bearing of south 5.87 feet to the northeast corner of said Lot 10; thence south 89 degrees 47 minutes 00 seconds west 132.00 feet along the north line of said Lot 10 to the northwest corner of said Lot 10; thence on a bearing of south 330.00 feet along the west line of said Block 31 to the point of beginning. for good and valuable consideration thereto, is hereby sold and conveyed to Prince of Peace Senior Apartments, Inc., together with all hereditament and appurtenances belonging thereto. Section 2. The sale of municipally owned real estate is authorized in exchange for payments according to that certain Promissory Note in the total amount of $397,000.00 plus interest thereon at the rate of four percent (4 %) per annum with the entire balance of principal and interest due and payable on December 31, 2006 by Prince of Peace Senior Apartments, Inc. Section 3. 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 4. This ordinance shall take effect upon its adoption and publication. /o -A 1994. Adopted by the City Council this day of 1 . Mayor Attest: City Administrator Published in the Hutchinson Leader on First reading: Second reading: • • C M E M O RA N D U M August 19, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: McLeod County Property Tax Error County PID 23.404.0050 (58.32 acres of Hoernemann Estate) • The McLeod County Auditor's office apparently made an error in recording the annexation of property currently in the Hoernemann Estate (Zapp Bank, Trustee), east of TH 15, south of the Technical College. Part of the property was apparently annexed on April 15, 1981 as part of one of Schmidtbauers Additions. The Auditors office records were incorrectly modified to note that all of the property was annexed, not just the 2 acres actually annexed. The City has therefore been collecting taxes for this property since 1981. Lynn, at the Auditors office, notes that they can legally only rebate back one year. Daryl Moritko at Zapp Back (trustee) has not been notified by the County as far as I know. We propose to correct the situation. Please let me know if you have any questions or comments. NOTE: The original annexation include the N 732 of W 120' of Tract E. County records show all of Tracts A, B, C & D were noted as being annexed cc: Barry Anderson - City Attorney Ken Merrill - Finance Director file: McLeod County Correspondence City Center Parks & Recreation 111 Hassan Street SE 900 Harrington Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 (612) 587 -5151 (612) 587 -2975 Fax(612)234 -4240 Fax(612)234 -4240 V.;..adn ro -I'd...... Police Services 3 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 iI; h N h OPEN -HOLD COUNCIL REPORT Tue Aug 23 1994 13:14:46 Page 1 .1985 TIDS FIRST TRUST INTEREST $1,780.00 $1,780.00 1988 IMPROV. BDS AM.NATIONAL BANK 1994 T I CONST. ARNOLD & MCDOWELL AIRPORT RENOVAT. INTEREST PAYMENT HOUSING LAND TRUST PRO BRAUN INTERTEC ENVIRONMENTAL I PROF SERVICES MATHIOWETZ CONSTRUCTION EST #10 TKDA PROF SERVICES CAP.IMPRO.FUND BARR ENGINEERING CO PROF SERVICES -OTTER LA BONESTROO ROSENE ANDERLIK & AS ARENA ENERGY AUDIT • CENTRAL GARAGE BRANDON TIRE CO G & K SERVICES JERRYS TRANSMISSION MACQUEEN EQUIP INC MEIER, DOUG MTI DIST.CO SCHMELING OIL CO SHOPKO SORENSEN FARM SUPPLY STEWARD ENTERPRISES CITY HALL CONST. GENERAL OFFICE PRODUCTS CO GENERAL FUND A & B ELECTRIC AAGARD WEST AM RISK SERVICES • AMERICAN RED CROSS AMOCO OIL CO 2 TIRES UNIFORMS CHECK REAR AXLE, SPRIN 1994 ELGIN HYDRO ST SW LUNCH EXPENSES MOUNT -ENG AMOCO ATF TABS, REFILLS 0 RINGS SYNGEAR CASE 4 CHAIRS INSTALL NEW BREAKER AUG OFFICE PAPER AUG SERVICES 3 ANNIES FUEL $33,500.00 $33,500.00 $3,998.17 $3,998.17 $1,378.00 $433,128.14 $23,191.20 $457,697.34 $3,686.21 $2,700.00 $6,386.21 $178.14 $50.59 $507.33 $78,562.92 $19.43 $162.48 $112.89 $23.79 $3.51 $185.31 $79,806.39 $881.27 $881.27 $1,044.50 $680.30 $800.00 $38.28 $84.30 11-A OPEN -HOLD COUNCIL REPORT Tue Aug 23 1994 13:14:46 Page 2 & MCDOWELL M.THURN $8,146.18 .ARNOLD AUTOMATION SUPPLY CO 4 RIBBONS $72.35 AV FUEL CORPORATION 8501 GAL AV FUEL $10,518.05 BARR ENGINEERING CO PROF SERVICES $963.15 BECKER ARENA PRODUCTS BRUSHES, PAD HOLDERS, $64.99 BENNETT OFFICE SUP. INDEX BINDERS $205.44 BERNHAGEN ELECTRIC BALLASTS, SOCKETS $72.30 BLACK HILLS AMMUNITION AMMO $1,096.50 BONCQUET, ANN UMPIRE 3 GAMES $15.00 BUSINESSWARE SOLUTIONS GOLDSTAR MONITOR $5,397.82 C.RIVER VET CLINIC BOARD FEES & EUTH $426.52 CAMERA SHOP FILM, DEV & PRINT $58.49 CARQUEST AUTO PARTS TOWELS $45.44 CARR FLOWERS PLANT- M.TORGERSON $40.79 CASH WISE SUPPLIES $25.51 CELLULAR 2000 AUG CHARGES $197.36 CENTRAL GARAGE JULY REPAIRS $9,914.53 CHARLES BAILLY & CO AUDIT SERVICES $2,200.00 CHRISTENSEN PIANO SERVICE PIANO TUNED $55.00 CIMLINE SEAL KIT, VALVE $133.25 COAST TO COAST SUPPLIES $799.44 COMM TRANSPORTATION MANUALS $75.00 COUNTRY KITCHEN PRISONER MEALS $11.45 CROW RIVER PRESS INC NEWSLETTERS $266.91 CULLIGAN WATER COND 3 BAGS SALT $11.82 DAAK REFRIGERATION REPAIR OVEN, THERMOCOU $37.69 • DEPT NATURAL RESOURCES DNR REG FEES $455.00 DEPT OF PUBLIC SAFETY -OISM CJDN OPERATION CHARGES $270.00 DOMINO'S PIZZA 9 PIZZAS $133.00 DON'S LAWN FERTILIZER $754.55 EARL ANDERSON ASSOC SIGNS, PAINT $2,585.55 ELECTRO WATCHMAN QUARTERLY CHARGE $479.25 FENSKE'S STUMP REMOVAL STUMP REMOVAL $861.10 FITZCO INC EVIDENCE BAGS $199.82 FLOOR CARE SUPPLY TOILET PAPER $113.37 FORESTRY SUPPLIERS MAGNIFIER $9.48 G & K SERVICES UNIFORMS $838.45 GLENCOE UNIFORMS TROUSERS $219.96 GUARDIAN PEST CTL PEST SERVICE $21.57 HAGER JEWELRY ENGRAVING NAMEPLATE $3.00 HARRIS MECHANICAL CHECKED PUMP $296.34 HAZELTON, TERRI SWIMMING REFUND $13.00 HCVN- CH. #10 CABLE FRANCHISE $750.00 HENRY, DEBORAH SWIMMING REFUND $20.00 HENRYS FOODS INC CANDY $587.84 HOMBACH, KATHY SWIMMING REFUND $20.00 HUTCH MEDICAL CENTER PHYSICAL - MUELLER, WILL $315.00 HUTCH TECH COLLEGE REG- J.RODEBERG $324.00 HUTCHINSON MALL SHELTER REFUND $25.00 HUTCHINSON UTILITIES STREET LIGHTS $15,012.67 INK SPOTS TRESPASS WARNING $141.15 PLANNERS BOILER & MACH $2,671.00 •INSURANCE JERABEK MACHINE SERV IRON $7.01 JOES SPORT SHOP TROPHIES $894.60 OPEN -HOLD COUNCIL REPORT Tue Aug 23 1994 13:14:46 Page 3 MART FILM & GLUE $65.05 •K KERR TRANSPORTATION SERVICES 4 DRUG TESTS $136.00 L & P SUPPLY CO BLOWER VAC $95.80 L.E.E.D.A. MEMBERSHIP FEE $25.00 LEAGUE OF MN CITIES 1ST QTR GEN LIAB $52,548.75 LICKFELT, MARK COACHING, UMPIRE 33 HO $156.75 LINDER BUS COMPANY PIEPENBURG PARK TRIPS $360.00 LOKENSGARD, BRIAN SWIMMING REFUND $30.00 LUNDAHLS 95 DINNERS $475.00 M R SIGN BIKE SIGNS $486.41 MARKA, JAMES COMPUTER CLASSES $172.00 MARKGRAF, BERNIE SWIMMING REFUND $10.00 MCGARVEY COFFEE INC COFFEE $134.48 MCLEOD COUNTY RECORDER EASEMENT, ORD $39.00 MCLEOD COUNTY TREASURER SOY BEAN OIL MAT, LABO $448.30 MEEKER SAND & GRAVEL GRAVEL $1,336.41 MEISNER, RORY DISTRICT TOURNAMENT RE $45.00 MIKE'S MOBIL BAIT & TACKLE ANGLE WORMS $9.48 MINNCOMM PAGING AUGUST SERVICE $104.12 MOTOROLA MIDWEST PAGER REPAIR REPAIR & CASE $72.00 OLSONS LOCKSMITH REPAIR SIMPLEX LOCKSET $116.12 PADDELFORD PACKET BOAT CO ADMISSIONS $150.00 PARTIES PLUS 100 LEIS $30.86 QUADE ELECTRIC REPLACE PVC LB IN ALLE $149.65 QUADES SPORT SHOP LANYARDS, WHISTLES $6.99 • QUANTUM LABS REINER LAWN IRRIGATION LATEX GLOVES HUNTER HEADS $68.63 $537.83 REINER, MICHAEL UMPIRE 1 GAME $15.00 REINSEL, DAPHNE SWIMMING REFUND $20.00 REYNOLDS FENCE WIRE TIES, GATE LATCH $39.94 ROTO ROOTER CLEANED URINAL $45.00 SCHAFER, BONNIE SHELTER REFUND $15.00 SCHLUETER, JESSY RIBBON & DANCE $56.25 SCHWANS SALES ENTERPRISES INC ICE CREAM $345.00 SEWING BASKET SEW EMBLEMS $18.11 SHARE CORP MESPS $85.96 SHAW, KAREN 16.25 HOURS $178.75 SHIELY COMPANY REC ROCK $305.68 SHOPKO PINOCHLE $38.21 SHOUTZ, MARK K -9 TRIAL EXPENSES $346.26 SIMONSON LUMBER CO COMMON NAILS $10.61 SOUTHAM BUS COMM BID ADS $1,352.40 STANDARD PRINTING TUBS, TRANSPARENCIES $30.13 STAR TRIBUNE SUBSCRIPTION $21.45 THE SALTMAN 20 BAGS SALT $64.00 TRI CO WATER COND SOFTENER RENT & SALT $41.64 TWO WAY COMM INC INSTALL CELLULAR PHONE $82.90 U S POSTMASTER SEPT NEWSLETTER POSTAG $235.00 UNITED BLDG CENTERS LUMBER, PLYWOOD $158.16 US CAVALRY TROUSERS $43.95 US WEST DIRECT ST. PAUL PHONE BOOKS $117.55 ELECTRICAL CHECK WIRING HCDC DOOR $49.00 •VANORT VLCEK, KEN FERTILIZER $256.25 W. M. MONTGOMERY PROF SERVICES $216.00 OPEN -HOLD COUNCIL REPORT Tue Aug 23 1994 13:14:46 Page 4 ----------------------------------------------------------------------------- •WAL -MART COVERS $24.46 WM MUELLER & SONS BLACKTOP $1,160.60 WRIGHT, LEE UMPIRE 2 GAMES $30.00 XEROX CORP JULY USAGE 5052 $412.94 ZEE MEDICAL SERV FIRST AID SUPPLIES $80.66 $135,226.56 INSURANCE FUNDS CASH WISE PAYROLL FUND HEART AT WORK SUPPLIES $57.98 $57.98 AETNA VARIABLE LIFE ASS. CO. EMPLOYEE CONTRIB 8 -13 $655.00 AMERICAN FAMILY INS CO. EMPLOYEE CONTRIB 8 -13 $135.10 GREAT WEST LIFE INS. CO. EMPLOYEE CONTRIB 8 -13 $100.00 H.R.L.A.P.R. EMPLOYEE CONTRIB 8 -13 $150.30 ICMA RETIREMENT TRUST EMPLOYEE CONTRIB 8 -13 $1,709.00 PERA LIFE INS CO. EMPLOYEE CONTRIB 8 -13 $118.50 PERA- D.C.P. EMPLOYER CONTRIB 8 -13 $52.02 PRUDENTIAL EMPLOYEE CONTRIB 8 -13 $140.00 PRUDENTIAL MUTUAL FUNDS EMPLOYEE CONTRIB 8 -13 $318.46 PUBLIC EMPLOYEES EMPLOYER CONTRIB 8 -13 $12,158.26 TEMPLETON INC EMPLOYEE CONTRIB 8 -13 $438.85 WADELL & REED EMPLOYEE CONTRIB 8 -13 $150.00 • WITHHOLDING TAX ACCT EMPLOYER CONTRIB 8 -13 $30,228.39 $46,353.88 RURAL F. D. COAST TO COAST SUPPLIES $30.88 HUTCHINSON WHOLESALE LAMP, BOLT CUT $55.46 $86.34 WATER /SEWER FUND AAGARD WEST AUG TRASH $271.09 ANDERSON'S DECORATING CENTER PAINT $39.85 ARNOLD & MCDOWELL CTRY CLUB TERRACE $250.60 AUTOMATION SUPPLY CO 4 RIBBONS $30.06 BARNSTEAD THERMOLYNE BAG REPLACEMENT $69.81 BENNETT OFFICE SUP. COVER REPORTS $19.65 CASH WISE GROCERIES $4.52 CENTRAL GARAGE JULY REPAIRS $846.62 COAST TO COAST SUPPLIES $259.94 CROW RIVER GLASS THERMO $36.76 EE CONTROLS- MINNEAPOLIS CONTROL RELAY $32.13 FEED RITE CONTROLS FLUORIDE STD $19.00 FIRST TRUST INTEREST $6,120.00 FISHER SCIENTIFIC OXYGEN METER $1,920.01 & K SERVICES UNIFORMS $267.95 •G HUTCH FIRE & SAFETY INSPECTIONS $20.00 HUTCH IRON & METAL ANGLE $8.52 OPEN -HOLD COUNCIL REPORT Tue Aug 23 1994 13:14:46 Page 5 •HUTCHINSON UTILITIES GAS & ELEC $14,296.89 INSURANCE PLANNERS BOILER & MACH $5,769.00 JOHNSON, DOUGLAS MWOA CONF MILEAGE $32.40 JUUL CONTRACTING CO REPAIR SEWER $1,376.50 LEAGUE OF MN CITIES 1ST QTR GEN LIAB $7,931.25 MN DEPT OF HEALTH 3RD QTR CONNECTION FEE $4,807.53 MN VALLEY TESTING LAB TESTING $291.50 OLSONS LOCKSMITH SCHLAGE LOCKSET $189.72 QUADE ELECTRIC WIRE PUMP MOTOR $33.66 RUST ENVIRONMENT PROF SERVICES $480.65 SANIFILL INC LOADS -JUNE 6 -24 $8,046.03 SMILER, MARK 100 COMPOST FORKS $875.00 SORENSEN FARM SUPPLY 3 NUTS $1.86 UNITED BLDG CENTERS SHINGLES, NAILS $219.81 WAL -MART MULCH KIT REFUND $5.00 WATERPRO 116 METERS $8,961.99 $63,535.30 $829,309.44 • • IMMEDIATE PAY COUNCIL REPORT Tue Aug 23 1994 13:14:05 Page 1 ----------------------------------------------------------------------------- CITY HALL CONST. MN DEPT OF REVENUE MACHINERY & EQUIPMENT $23.91 $23.91 GENERAL FUND CELLULAR 2000 JULY CELL CHARGES $1,196.64 DEPT NATURAL RESOURCES DNR REG FEES $243.00 MN DEPT OF REVENUE OPERATING SUPPLIES $3,504.71 NATL REC & PARK ASSC REG- D.MOON $240.00 US WEST COMMUN AUG SERVICE $207.21 $5,391.56 LIOUOR STORE COAST TO COAST MISC PURCHASES $7.27 ED PHILLIPS & SONS CO. LI19940725 $5,823.60 FRIENDLY BEVERAGE CO LI19940809 $697.20 GRIGGS COOPER & CO MISC PUR JULY $3,800.16 JOHNSON BROTHERS LIQUOR CO. LI19940729 $8,438.72 JORDON BEVERAGE INC. MISC PURCHASES JULY $33.95 LENNEMAN BEVERAGE DIST. INC $894.70 LOCHER BROS INC $620.90 QUALITY WINE & SPIRITS CO. LI19940810 $2,617.31 SPRENGLER TRUCKING FREIGHT JULY $696.78 • VIKING COCA COLA MISC PURCHASES $286.45 $23,917.04 WATER /SEWER FUND CELLULAR 2000 COMMUNICATIONS $130.33 MN DEPT OF REVENUE REPAIR & MAINTENANCE S $3,832.38 $3,962.71 $33,295.22 WIRE TRANSFER PAYROLL FUND EMPLOYEE CONTRIBUTION 5,906.15 RECREATION REFUND BONDS DEPOSITORY TRUST INTEREST 8,175.00 WATER $ SEWER FUND DEPOSITORY TRUST PRINCIPAL 30,000.00 • DEPOSITORY TRUST INTEREST 13,631.25 HANDWRITTEN CHECKS AUGUST 23, 1994 SLIQUOR FUND AMER BANK CARD RECEIPTS BOOKS 44.35 CHUCK'S REF MAINT 48.00 CITY OF HUT LOTTERY SALES 462 COAST TO CAOSR MISC PUR 7.27 ED PHILLIPS WINE &LIQ PUR 3312.88 GRIGGS COOPER WINE PUR 9664.15 HUTCHINSON UTILITIES ELE 846.35 JOHNSON BROTHERS WINE PUR 7462 KUBASCH & SONS JULY PICK UP 167.47 LENNEMAN BEV BEER PUR 7,495.95 LOCHER BORTHERS BEER 11,831.40 LORI LUNDHOLM MONTHLY SER 42.60 QUALITY WINE WINE PUR 3943.97 SPRENGLER JULY FRE 696.78 STATE PEACE OFFICER ADV 49.50 TRIPLE G BEER PUR 14516.8 VIKING COCA COLA MISC 286.45 TOTAL 60877.92 • \J 40 E • FOR YOUR INFORMATION APPRAISAL OF THE PROPERTY LOCATED AT 35 FRANKLIN ST N HUTCHINSON, MN 55350 as of AUGUST 10, 1994 for CITY OF HUTCHINSON 111 HASSAN ST S HUTCHINSON, MN 55350 by LORENCE AND ASSOCIATES • APPRAISERS P.O. Box 25 Glencoe, MN 55336 APPRAISAL ADDENDUM: HUTCHINSON, MN 55350 NEIGHBORHOOD COMMENTS SUBJECT LOCATED IN HUTCHINSON, MN (POP. 11,500) AN ECONOMICALLY • STABLE COMMUNITY 60 MILES WEST OF MPLS. HUTCHINSON IS ON STATE HWY #7, AN EAST -WEST ARTERY PROVIDING GOOD ACCESS TO THE MPLS. AREA. ADEQUATE EMPLOYMENT, SHOPPING AND SERVICES ARE AVAILABLE IN HUTCHINSON. SUBJECT LOCATED ON WEST FRINGE OF HUTCHINSON'S CENTRAL BUSINESS DISTRICT - ADJACENT TO THE NORTH AND SOUTH ARE PARKING LOTS.. TO THE EAST ARE COMMERCIAL BUILDINGS. ACROSS THE STREET TO THE WEST ARE WELL- MAINTAINED SINGLE FAMILY HOMES. THIS LOCATION IS NOT AS DESIREABLE AS 1008 SINGLE FAMILY NEIGHBORHOODS AND IS ADJUSTED FOR IN THE COST AND MARKET COMPARISON APPROACHES. PUBLIC SCHOOLS ARE LOCATED AT SEVERAL SITES IN SOUTHWEST HUTCHINSON WITH SCHOOL BUS SERVICE PROVIDED TO CITY STUDENTS. HUTCHINSON HAS A SMALL CITY /PUBLIC TRANSPORTATION SYSTEM THAT RUNS A LIMITED BUS SCHEDULE, THOUGH ITS LIMITED SCHEDULE DOES NOT ADVERSELY AFFECT SFR VALUES /MARKETABILITY. SALES COMPARISON COMMENTS ALTHOUGH HUTCHINSON HAS AN ACTIVE HOUSING MARKET, THE SUBJECT'S UNIQUENESS (COMMERCIAL PROXIMITY /VIEWS, VERY DESIREABLE WOODWORK/ CHARACTER) MADE COMP SELECTION DIFFICULT. COMPARABLE SALES SELECTED ARE CONSIDERED THE BEST AVAILABLE. UNABLE TO AVOID: - -SALE DATE OVER 6 MONTHS OLD: COMP #3 SOLD 11/93, BUT IT IS • CONSIDERED VIABLE FOR COMPARISON AS THE MARKET HAS BEEN STABLE. - -COMPS WITH LOCATION /VIEW ADJUSTMENTS: SUBJECT'S "FAIR" LOCATION AND VIEWS ARE INFERIOR TO ALL OF THE COMPS. - -COMPS WITH 3 OR MORE BEDROOMS: SUBJECT HAS 2- BEDROOMS, BUT THIS IS OFFSET BY ITS UNIQUE APPEAL (VERY GOOD WOODWORK) AND ALSO BY HAVING A 2ND LEVEL WALK -UP ATTIC THAT COULD PROVIDE A 3RD BEDROOM FOR CHILDREN. NO ROOM COUNT ADJUSTMENT CONSIDERED NECESSARY. - -COMP WITH NET ADJUSTMENTS EXCEEDING FNMA /FHLMC GUIDELINES OF 158: COMP #4 (16.48 NET) IS OVERALL SUPERIOR TO THE SUBJECT, BUT ONE OF THE BEST 4 COMPS AVAILABLE. COMP #1 ( 6.18/14.48 NET /GROSS) INDICATED VALUE OF $64,795 COMP #2 (11.38/19.48 NET /GROSS) INDICATED VALUE OF $68,300 COMP #3 ( 4.68/15.58 NET /GROSS) INDICATED VALUE OF $66,775 COMP #4 (16.48/16.48 NET /GROSS) INDICATED VALUE OF $69,010 THE COMPARABLE SALES SUPPORT A VALUE RANGE FOR SUBJECT OF APPROXIMATELY $65,000 TO $69,000. FINAL VALUE FOR SUBJECT OF $67,000 CONSIDERED FAIR AND REASONABLE. • • FOR YOUR INFORMATION Cindy J. Greene 20914 June Court Lakeville, MN 55044 (612)469 -3866 Arnold and McDowell Attorneys at Law 101 Park Place Hutchinson, MN 55350 AUG 2 3 1994 Re: Purchase of Property 126 Hassan Street South Hutchinson, MN Your file No. 3188 -94272 Dear Sirs: I am writing on behalf of my aunt, Florence Tews, the owner of the above property. I am acknowledging receipt of the purchase agreement for this property. I regret to inform you that as of this writing my aunt has not fully come to terms with the idea of giving up her house. She is 76 years old and her house is most near and dear to her. She understands that this is a decision • that is in her best interest and that she must come to terms with it for her own comfort, as well as the peace of mind for her family. We are presently taking the situation a month at a time and are continually attempting to convince her to sell. I believe we are dealing with a period of months, rather than an extended period of time, for her to accept this. You may either correspond with me on a periodic basis or I will inform you when we feel Florence is ready to proceed with further negotiations. The offer of $37,000 for this property did not assist us in convincing my aunt to proceed with the sale of her house. I believe this amount to be low. Considering it was $5000 below the amount she has been charged with paying taxes on. She immediately believes the City has either been unfair in her taxes or is unfair in their offer. Although a case can be made for this amount by reviewing other such properties throughout Hutchinson, I believe there was no added consideration for the prime development location for the city, specifically, with its location across from the new City Hall. I feel it would be unfair at this time to counter with a proposal as I am not sure of a vacating time. I hope to be in contact with you soon, as our number one concern is the well being of my aunt. • Respectfully, cc Gary Plotz Ken Merrill VID B. ARNOLDI HY D. XcDOWELL STEVEN A. ANDERSON O. BARRY ANDERSON• STEVEN S. BOOK LAURA E. FRETLAND DAVID A. BRUEGOPMANN PAUL D. DOVE JOSEPH M. PAIEM£NTE RICHARD G. MCGEE CATHRYN D. REBER GINA M. BRANDT BRETT D. ARNOLD AT 90 ADHITTED IN T£IL15 \D -11M YORK IALSU AD 4ITTED I\ N-ISC.ININ August 8, 1994 ARNOLD & MCDOWELL ATTORNEYS AT LAw 101 PARK PLACE HUTCHINSON, MILAN ESOTA 55350 -2563 (812) 587 -7575 Mr. James Marka Building Official Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 FAX 16121587 -4090 RESIDENT ATTOHNEY O. BARRY ANDERSON Re: Sign Ordinance Issues Our File No. 3188 -87031 • Dear Jim: FOR YOUR INFORMATION OF CODIISEL WILLIAM W. CAMERON RAYMOND C. LSLLIER 5801 CEDAR LEE ROAD MINNEAPOLIS, MINNESOTA 88418 10121848 -0000 FAX IBIS 808 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 88371 -- - — - __ -- '8121 309 -2214 FAX (012) 009 -8800 Questions have arisen regarding the City of Hutchinson sign ordinance in light of the Minnesota Supreme Court regarding signs and, more importantly, the United States Supreme Court decision of Ladue vs. Gilleo, which was decided on June 13, 1994 and can be found at 114 S.Ct. 2038 (1994). In Ladue the United States Supreme Court affirmed a lower court decision striking down a municipal ordinance which bands all residential signs but those falling within ten exemptions as unjustified time, place or manner restrictions. The Ladue court was faced with a residential sign "For Peace in the Gulf" and ultimately held that the City's substantial interests in the sign ban were not sufficiently compelling to support a restriction on the right of free speech on the part of the resident. I am enclosing for your information a copy of the head notes of the decision which provide an excellent summary of the decision. I have the opinion itself in my office if anyone would care to examine it. Significantly, the United States Supreme Court did not hold that municipalities have no right to control signs. While it rejected the Ladue contention that its ordinance was a mere regulation of �- the time, place or manner of speech, holding that substantive restriction of speech had occurred, it did note that its decision "by no means leaves the City powerless to address the ills that may be associated with residential signs." The Court specifically 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY TEE MINNESOTA STATE BAR ASSOCIATION Mr. James Marka August 8, 1994 Page 2 distinguished a way commercial signs, signs placed for a fee, off site commercial advertisements and the like. Further, the Supreme Court supported a willingness to regulate even the time, place and manner of political or ideological type signs. I have reviewed our ordinance with Ladue in mind and I conclude that it is likely constitutional with one caveat. Section 10 (2) of our zoning ordinance lists signs that are permitted in all jurisdictions and identifies as included signs "political signs." The only problem I see with the political sign reference is that it is linked specifically to an election which may be viewed by the Supreme Court as too restrictive. In order to avoid a challenge, perhaps the definition of a political sign should be expanded slightly and consideration given to removing the time limitation, at least with respect to non political signs. This is not a high priority item in that there are no challenges presently pending to our sign ordinance and as far as I know, all of our local political units have generally complied with it. We may wish to keep this concept in mind for future reference, however. If you should have any questions in connection with this correspondence, please do not hesitate to contact our office. Best regards. Very truly yours, & cD0 LL G. y nderson G A:lm Enclosure 0 • PAGE 1 Citation Rank(R) Database Mode • 114 S.Ct. 2038 R 1 OF 6 SCT Page 62 USLW 4477 (Cite as: 114 S.Ct. 2038) CITY OF LADUE, et al., Petitioners _. V. _ - Margaret P. GILLED. No. 92- 1856. Argued Feb. 23, 1994. Decided June 13, 1994. Resident sued city for permanent injunction to prohibit city from enforcing ordinance that banned all residential signs but those falling within one of ten exemptions. The United States District Court for the Eastern District of Missouri, 774 F.Supp. 1564, granted resident's motion for summary judgment. Following denial of city's motion to alter or 'amend judgment, 791 F.Supp. 240, resident filed application for prevailing party attorney fees and expenses. The District Court, 791 F.Supp. 238, granted motion. City appealed. The Court of Appeals, 986 F.2d 1180, affirmed as modified. Certiorari was granted. The Supreme Court, Justice Stevens, held that ordinance violated resident's free speech rights. Affirmed. Justice O'Connor filed concurring opinion. (1) CONSTITUTIONAL LAW k90.3 92k90.3 • There are two analytically distinct grounds for challenging constitutionality of municipal ordinance regulating display of signs: one is that measure in effect restricts too little speech because its exemptions discriminate on basis of signs' messages; alternatively, such provisions are subject to attack on ground that they simply prohibit too much protected speech. U.S.C.A. Const.Amend. 1. [2] CONSTITUTIONAL LAW k90(3) 92k9O(3) Regulation of speech may be impermissibly underinclusive: thus, exemption from otherwise permissible regulation of speech may represent governmental attempt to give one side of debatable public question advantage in expressing its views to people; alternatively, through combined operation of general speech restriction and its exemptions, government might seek to select permissible subjects for public debate and thereby to control search for political truth. U.S.C.A. Const.Amend. 1. [3] CONSTITUTIONAL LAW k90.3 92k90.3 City ordinance banning all residential signs but those falling within one of ten exemptions violated homeowner's right to free speech; although city had concededly valid interest in minimizing visible clutter, it had totally foreclosed venerable means of communication to political, religious, or personal messages. U.S.C.A. Const.Amend. 1. • - [3) MUNICIPAL CORPORATIONS k602 268k602 Copr. (C) West 1994 No claim to orig. U. S. govt. works 114 S.Ct. 2038 PACE 2 (Cite as: 114 S.Ct. 2038) advertising purposes. • City ordinance banning all residential signs but those falling within one of ten exemptions violated homeowner's right to free speech; although city had concededly valid interest in minimizing visible clutter, it had totally foreclosed venerable means of communication to political, religious, or personal messages. U.S.C.A. Const.Amend. 1. (4] CONSTITUTIONAL LAW k90(3) 92k9O(3) Although prohibitions foreclosing entire media may be completely free of content or viewpoint discrimination, danger they pose to freedom of speech is readily apparent; by eliminating common means of speaking, such measures can suppress too much speech.- U.S.C.A. Const.Amend. 1. -- - [5] CONSTITUTIONAL LAW k90.3 92k90.3 City ordinance banning all residential signs but those falling within one of ten exemptions could not be justified as "time, place, or manner restriction," as alternatives such as handbills or newspaper advertisements were inadequate substitutes for important medium that city had closed off; displaying sign from ones' own residence carries message quite distinct from displaying same sign someplace else, residential signs are unusually cheap and convenient form of communication, and audience intended to be reached by residential sign, i.e., neighbors, could not be reached nearly as well by other means. U.S.C.A. Const.Amend. 1. See publication Words and Phrases for other judicial constructions and • definitions. [5] MUNICIPAL CORPORATIONS k602 268k602 City ordinance banning all residential signs but those falling within one of ten exemptions could not be justified as "time, place, or manner restriction," as alternatives such as handbills or newspaper advertisements were inadequate substitutes for important medium that city had closed off; displaying sign from ones' own residence carries message quite distinct from displaying same sign someplace else, residential signs are unusually cheap and convenient form of communication, and audience intended to be reached by residential sign, i.e., neighbors, could not be reached nearly as well by other means. U.S.C.A. Const.Amend. 1. See publication Words and Phrases for other judicial constructions and - - definitions. [6] CONSTITUTIONAL LAW k90.1(1) 92k90.l(1) Special respect for individual liberty in home has long been part of our culture and our law; that principle has special resonance when government seeks to constrain person's ability to speak there. U.S.C.A. Const.Amend. 1. *2039 Syllabus [FN *] Copr. (C) West 1994 No claim to orig. U.S. govt. works 114 S.Ct. 2038 PAGE 3 (Cite as: 114 S.Ct. 2038, *2039) • FN* The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Lumber Co., 200 U.S. 321, 337, 26 S.Ct. 282, 287, 50 L.Ed. 499. An ordinance of petitioner City of Ladue bans all residential signs but those falling within one of ten exemptions, for the principal purpose of minimizing the visual clutter associated with such signs. Respondent Gilleo filed this action, alleging that the ordinance violated her right to free speech by prohibiting her from displaying a sign stating, "For Peace in the Gulf," from her home. The District Court found the ordinance unconstitutional, and the Court of Appeals affirmed, holding that the ordinance was a "content based" regulation, and that Ladue's substantial interests in enacting it were not sufficiently compelling to support such a restriction. Held: The ordinance violates a Ladue resident's right to free speech. Pp. 2041 -2047. (a) While signs pose distinctive problems and thus are subject to municipalities' police powers, measures regulating them inevitably affect communication itself. Such a regulation may be challenged on the ground that it restricts too little speech because its exemptions discriminate on the basis of signs' messages, or on the ground that it prohibits too much protected speech. For purposes of this case, the validity of Ladue's submission that its ordinance's various exemptions are free of impermissible content or viewpoint discrimination is assumed. Pp. 2041 -2044. (b) Although Ladue has a concededly valid interest in minimizing visual clutter, it has almost completely foreclosed an important and distinct medium • of expression to political, religious, or personal messages. Prohibitions foreclosing entire media may be completely free of content or viewpoint discrimination, but such measures can suppress too much speech by eliminating a common means of speaking. Pp. 2044 -2046. (c) Ladue's attempt to justify the ordinance as a "time, place, or manner" restriction fails because alternatives such as handbills and newspaper advertisements are inadequate substitutes for the important medium that Ladue has closed off. Displaying a sign from ones' own residence carries a message quite distinct from placing the same sign someplace else, or conveying the same text or picture by other means, for it provides information about the speaker's identity, an important component of many attempts to persuade. Residential signs are also an unusually cheap and convenient form of communication. Furthermore, the audience intended to be reached by a residential sign- - neighbors- -could not be reached nearly as wel by other means. P. 2046. *2040 (d) A special respect for individual liberty in the home has long been part of this Nation's culture and law and has a special resonance when the government seeks to constrain a person's ability to speak there. The decision reached here does not leave Ladue powerless to address the ills that may be associated with residential signs. In addition, residents' self- interest in maintaining their own property values and preventing "visual clutter" in their yards and neighborhoods diminishes the danger of an "unlimited" proliferation of signs. P. 2047. 986 F.2d 1180 (CAS 1993), affirmed. STEVENS, J., delivered the opinion for a unanimous Court. O'CONNOR, J., filed Copr. (C) West 1994 No claim to orig. U.S. govt. works • • C. August 17, 1994 Dorothy Bullert - Acoma Town Clerk 23021 Uhn Cowl Hutchinson, NN 55350 RE: urban Boundary District Dear Ms. Bullert: FOR YOUR tNFO The Hutchinson Planning Commission re-iesred the proposal from .-;coma Township regarding notification areas to be included in the "urban Boundary District ". We appreciate your help and consideration in reviewing this matter, and in general agree with your recommendation. We do, however, recommend also including the South 1/2 of Section 24. The City limit is currently less than 1'2 mile from the section line, and urban -type development is occurring direct, adjacent to the section. We have attached a drawing noting the 2 -mile planning area, as well as the originally proposed boundary district by Acoma Township. We request that you consider expanding the Urban Boundan District notification area to include the South l:'2 of Section 24, as well as Sections 25, 26. 35 and 36. Please give me a call if you have any questions or comments. Please also note that we have hired Brenda Ewing, currently the Assistant County Zoning Official, and the first City Planning Coordinator. She will be starting on August 31. Sin erelN. f fghq P. Rodeberg. P.E� Drtdctor of Engineering'Public. ti 'orks cc. LA: <1v Cowied Planning Commission td e: Plaruting - Acoma Township City Center Ill Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(6l2)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 -Printed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)587 -6427 i 7 � e St. 1.2L310th i sss . 11sm , t6 17 —,Nw- I �i 12 Ln. eeHe 6o 1S isle's m �' Rdr 29>� 1 235th St. 23<m C C 11 Isim,010. alm's 01 a. 9 Qd 12 7 \ ' 3 e Campbells Lake 1 230th St. 230th St. �rh f 16 `1 Laker FrenchI a sit � 1. 233rc 12. 232nc �sss' 1$ t�.� 14 �� '1 1e 2 t a St k �I '._m) ,19 � �II Vita mod. � 220th St. A� A > 1 Tillerr. 12 24 ls+ 21 th St. 3 �rce e$ 21 ake $ 23 't. Skyv ew Ave. 9 t 21 str 19 , -` 20 r 1 �2. Skyview Circle r'- �` 22 m 3. Judson Circle 210th St. , j i4.Judson Coun 210th St. y m lGC.e` 1 Coup Q `Sj 2. 202nd ,;P 29 CircN 30 U 29 ,.y 27 ,` + '203rd S i !�'`�2 ?� 2 ' ~30 s 200th St. a 200th St. 20f . , 6 a - °"_. 7 :. 31 32 m • °Set Ave. e 36 :: 1 90th St. ors a ,gl \ 6 So 5th 4 Q\ m HUTCHINSON e j 3 Q e o CtpN _E 180th SL e 62 r�r e 6 So Grade Rd.' e • Q Otter ¢' 97 7 6 9 59 10 Lake „ 7 o� 12 JgllersM • 'j mi is Qi York Rd. 1 2 me ey �' R i >, fir_ 7 3 e 1e a t7 1e e is 1� n ' 1. Bradlord St. j '.r.' 2. Sheq�p St. t3 ' 3.Ru Qe York Rd. a •� 160th St. cc ; MCI t9 e Q e a 20 21 22 ?3 C' �*' 19 m � ML FOR YOUR IIORMATION - - -- 1 1 ]- - ] 5 4 - ) 6 9 - -- 10 11 IR 13 n CITY OF HUTCHINSON LIQUOR STORE COMPARISON JUNE 1994 JUNE ]1 TOTAL 1994 LIQUOR BEER WINE it TOTAL BY WEEK ________________________________ 1 2,169 2,314 _______________________________ 179 195 4,857 3ii CITY OF HUTCHINSON 1,786 3,451 441 249 5,927 4 LIQUOR STORE COMPARISON 6,778 1,009 489 10,728 4 2,667 JUNE 1993 1,040 10090 12,605 5'. 34,117 6 1,192 2,577 349 201 6, 7 1,164 1,836 363 121 TOTAL 8 1993 LIQUOR BEER WINE MISC. TOTAL BY WEEK 9 e __________________________ 1 1,310 1,744 _______________________________ 282 131 3,467 2,379 5,691 9� 2 1,033 2,000 327 165 3,525 1,039 630 10 3 1,637 3,274 414 172 5,497 5� 11 4 2,648 5,265 724 324 8,961 14 it 12 5 2,214 5,303 892 454 8,863 - 2,475 _- 132 4,275 16 1,796 3,906 0 30,313 m� 13 7 1,223 1,695 343 127 3,388 18 1a 8 985 2,139 321 193 3,638 15 9 1,136 2,002 319 160 3,617 286 157 3,606 10 1,209 3,450 367 221 5,247 4,616 16 11 2,406 5,788 925 397 9,516 23 2,005 11,. 12 2,227 4,565 659 562 8,013 6,429 845 18' 10,190 25 2,489 5,940 0 33,419 10,068 19� 14 1,079 1,871 268 180 3,398 38,721 27 1,086 15 1,120 1,893 273 156 3,442 1,255 2,366 339 16 1,345 2,274 344 144 4,107 566 213 5,258 17 1,751 2,701 395 220 5,067 7,935 22 18 2,655 4,613 722 451 8,441 TOTAL 47,655 1 19 2,597 5,123 985 402 9,107 80,941 12,836 23 141,944 % OF SALE 27 59 0 33,562 24� 21 1,090 2,412 295 176 3,973 $ 25J 22 964 2,442 350 178 3,934 23 1,227 1,986 377 151 3,741 26 24 1,592 2,848 577 211 5,228 21� 25 2,128 4,517 764 323 7,732 28 26 2,436 5,024 872 579 8,911 a; 0 33,519 39 28 1,008 2,114 262 256 3,640 29 1,372 1,974 358 154 3,858 31_ 30 1,131 1,924 421 157 3,633 32 11,131 33 TOTAL 41,523 80,941 12,836 6,644 141,944 341 92 TOTAL 38,851 79,280 9,516 6,359 134,006 35 361 OF SALE 29 57 9 5 100 31{ SALES INC OR DEC 7,938 6 4 38 39 40 CITY OF HUTCHINSON LIQUOR STORE COMPARISON JUNE 1994 JUNE TOTAL 1994 LIQUOR BEER WINE MISC. TOTAL BY WEEK ________________________________ 1 2,169 2,314 _______________________________ 179 195 4,857 2 1,786 3,451 441 249 5,927 3 2,452 6,778 1,009 489 10,728 4 2,667 7,808 1,040 10090 12,605 34,117 6 1,192 2,577 349 201 4,319 7 1,164 1,836 363 121 3,484 8 1,133 2,081 406 157 3,777 9 1,454 3,176 566 288 5,484 10 2,379 5,691 719 388 9,177 11 2,646 6,247 1,039 630 10,562 36,803 13 1,274 2,577 438 169 4,458 14 1,331 2,978 404 213 4,926 15 1,300 - 2,475 368 132 4,275 16 1,796 3,906 487 257 6,446 17 2,601 6,226 820 414 10,061 18 3,305 7,833 1,170 680 12,988 43,154 20 1,110 2,053 286 157 3,606 21 1,286 2,763 353 214 4,616 22 1,186 2,417 413 207 4,223 23 2,005 3,351 453 209 61018 24 2,426 6,429 845 490 10,190 25 2,489 5,940 1,087 552 10,068 38,721 27 1,086 2,391 299 152 3,928 28 1,255 2,366 339 186 4,146 29 1,425 3,054 566 213 5,258 30 2,738 4,233 620 344 7,935 21,267 TOTAL 47,655 102,951 15,059 8,397 174,062 93 TOTAL 41,523 80,941 12,836 6,644 141,944 % OF SALE 27 59 9 5 100 SALES INC OR DEC 32,118 23 $ 1.. 2 3 4 s_ 6 1 8 9_ 10 _ 13 _ 14 _ a0 15 16 _ 17 18 _ 19 y 20 21 L 22 23_ 24_ 25 26 _ 27 _ 28 Z9 ' 30 31 32 + 33 34 _ 35 35 _ 37 38 39 40 CITY OF HUTCHINSON L LIQUOR STORE COMPARISON BEER WINE MISC. TOTAL BY WEEK JULY 1993 3,855 7,505 _______________________________ 1,303 606 13,269 JULY 3,642 9,554 1,504 751 15,451 TOTAL 1993 LIQUOR BEER WINE MISC. ______________________ TOTAL BY WEEK 469 ________________________ 1 2,116 3,704 588 231 6,639 1,386 �- 2 3,191 6,855 953 393 11,392 2,889 365 3 3,186 7,690 1,403 548 12,827 470 202 4,943 8 2,785 4,498 742 30,858 8,379 5 HOLIDAY 0 0 0 0 9,474 6 1,036 2,100 333 191 3,660 33,882 , 7 1,000 1,826 302 172 3,300 12 1,272 8 1,402 2,705 437 193 4,737 1,437 _ 9 2,422 4,527 720 345 8,014 3,940 515 10 2,833 4,530 91B 403 8,684 874 418 9,799 16 2,548 5,553 809 28,395 9,641 12 1,106 2,281 363 174 3,924 38,729 13 1,029 1,878 286 170 3,363 19 14 1,460 2,608 398 190 4,656 20 1,352 15 1,492 3,241 337 213 5,283 1,538 3,137 16 2,295 4,918. 720 405 8,338 6,140 _ 17 2,280 4,612 790 407 8,089 794 462 8,724 33,653 19 1,463 2,313 322 258 4,356 5,090 20 1,316 2,584 219 184 4,303 27 21 1,214 2,443 272 219 4,148 28 1 22 1,363 2,355 366 183 4,267 2,614 1 23 2,289 5,355 812 314 8,770, 6,419 1,108 24 2,651 6,019 863 421 9,954 2,1'9 TOTAL 53,667 102,756 15,351 35,798 26 1,307 2,222 302 198 4,029 .56,216 27 970 2,368 336 186 3,860 100 SALES INC 28 1,180 2,139 284 154 3,757 29 1,507 3,345 485 276 5,613 - 30 2,541 6,290 957 465 10,253 31 2,585 4,750 815 303 27,512 TOTAL 44,649 90,908 13,766 6,893 156,216 - 92 TOTAL 40,895 78,123 10,610 5,790 135,418 % OF SALE 29 58 9 4 100 SALES INC OR DEC 20,798 15 % FOR YOUR INFORMATION CITY OF HUTCHINSON LIQUOR STORE COMPARISON JULY 1994 JULY TOTAL 1994 LIQUOR BEER WINE MISC. TOTAL BY WEEK ________________________________ 1 3,855 7,505 _______________________________ 1,303 606 13,269 2 3,642 9,554 1,504 751 15,451 28,720 4 469 1,221 75 151 1,916 5 1,386 2,339 227 237 4,189 6 1,463 2,889 365 264 4,981 7 1,564 .2,707 470 202 4,943 8 2,785 4,498 742 354 8,379 9 2,692 5,454 822 506 9,474 33,882 11 1,500 2,406 272 121 4,299 12 1,272 2,518 349 310 4,449 13 1,437 2,297 226 167 4,127 14 1,651 3,940 515 308 6,414 15 3,171 5,336 874 418 9,799 16 2,548 5,553 809 731 9,641 38,729 18 1,741 1,988 206 232 4,167 19 1,216 2,358 293 196 4,063 20 1,352 2,514 490 163 4,519 21 1,538 3,137 481 241 5,397 22 2,687 6,140 1,096 299 10,222 23 2,386 5,082 794 462 8,724 37,092 25 2,209 2,334 312 235 5,090 26 2,349 2,264 550 161 5,324 27 1,304 2,847 351 276 4,778 28 1,941 3,473 376 270 6,060 29 2,614 5,983 741 536 9,874 30 2,895 6,419 1,108 631 11,053 2,1'9 TOTAL 53,667 102,756 15,351 8,828 1 0,6'2 93 TOTAL 44,649 90,908 13,766 6,893 .56,216 & OF SALE 30 57 8 5 100 SALES INC OR DEC 24,386 16 8 RESOLUTION NO. 10306 RESOLUTION SETTING ELECTION, LOCATION OF ALL PRECINCTS, (ONE, TWO AND THREE) AND APPOINTING OF JUDGES FOR THE STATE PRIMARY AND GENERAL ELECTIONS WHEREAS, Chapter 204B, Section 204B.16, Subd. 1 and Section 204B.21, Subd. 2 of the Laws of Minnesota states that the governing body of any municipality, by resolution adopted prior to the giving of notice of the election, may designate the location of polling place and naming of judges for the State Primary, September 13, 1994, and General Elections, November 8, 1994, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That the polling place to be used during the 1994 State Primary and General Election for all precincts will be in the Recreation Center located at 900 Harrington Street. 2. That the Election Judges are hereby appointed in accordance with the attached list. Adopted by the City Council this 6th day of September, 1994. Marlin D. Torgerson Mayor ATTEST: Gary D. Plotz City Administrator ELECTION JUDGES CITY OF HUTCHINSON STATE PRIMARY AND GENERAL ELECTIONS 1994 PRECINCT 1 GRACE KOTTKE 587 -8139 1028 JEFFERSON CLARA TEWS 587 -5235 714 JEFFERSON ST SO IRMA KREIE 587 -5734 55 SHERWOOD CR HARRIET SCHMIDT 587 -5466 45 SHERWOOD CR MARLYN KRUEGER 587 -3271 825 BROWN ANNETTE KOEHLER 587 -6484 43 - 6TH AVE SE HELEN GRUENHAGEN 587 -4785 928 JORGENSEN ST PRECINCT 2 ROSINA JOHNSON 587 -5677 450 ROSE LANE RUTH HAGEN 587 -8109 554 CLARK ST SEDONA MILLER 587 -2205 714 SHADY RIDGE DORIS DAGGETT 587 -2382 978 ROLLING GREEN LN EVELYN PROCHNOW 587 -2723 10 NO GLEN DEETTA MCLAIN 587 -6069 755 SPRUCE ST ROXANNE JENSEN 587 -8589 246 GRIFFIN PRECINCT 3 PEARL SEALE 587 -3083 569 MILLER DARLEEN KNIGGE 587 -8415 674 HARRINGTON PHYLISS WESELOH 587 -6318 1109 LEWIS AVE EVELYN VANHALE 587 -6820 915 THOMAS AVE HARRIET WIXCEY 587 -2353 360 W. PISHNEY KARLA CROSS 587 -8097 1000 GOEBEL ST ELSA YOUNG 587 -2207 965 - 2ND AVE SW DELORES BRUNNER 587 -7258 968 HAYDEN AVE BILL ARNDT 587 -6882 1660 SOUTH GRADE RD. hutchinson community hospital burns manor nursing home September 6, 1994 1095 Highway 15 South • Hutchinson, MN 55350 • 612/234 -5000 The Honorable Mayor Marlin Torgerson and Members of the City Council Hutchinson City Center 111 Hassan St S. Hutchinson, MN 55350 Dear Mayor Torgerson and City Council Members: The board of directors of Hutchinson Community Hospital/Burns Manor Nursing Home, as part of their regular meeting on August 16, considered a request for purchase of a hematology analyzer for use in the hospital's laboratory. The following reflects the discussion of the matter: "Capital Expenditure Request for Hematology Analyzer. A request for purchase of a replacement hematology analyzer was presented. The proposed equipment was bid through the VHA group purchasing system to ensure the lowest possible cost to the hospital. It was explained that this group purchasing system is a benefit of the organization's VHA membership through affiliation with Allina (HcalthSpan). "Efficiencies expected by using the proposed equipment include shorter turn- around time, best use of staff time from the equipment's "walk- away" technology, and better data management through an on -board computer. The proposed system may also be interfaced with a laboratory information system in the future, and safety will be improved with a new cap - piercing feature because staff will no longer need to remove the rubber cap from the blood tube before analysis. Included with the purchase of the system will be a reticulocyte upgrade at no charge if purchased before September 30, 1994. "Following discussion: "Motion was made by Erickson, seconded by Black, to recommend to the City Council purchase of the hematology proposed hematology analyzer at a cost of $60,420. All were in favor. Motion carried." 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/ TMANOR N IN OME . Gra e resent PGG:lh HUTCHINSON COMMUNITY HOSPITAL/ BURNS MANOR NURSING HOME Capital Expenditure for Laboratory Hematology Analyzer Action Requested: Approve request for capital expenditure to for upgrading the current nine -year old system. Background: The present system is old technology, labor - intense, and slow. We cannot meet the needs of our customers for timely turn- around and reporting of test results. Strategic Upgrading the present system will allow for more efficiency, shorter Consideration turn - around times, and "walk- away" technology. It would offer better data management through an on -board computer. The system can be interfaced with a laboratory information system in the future. Other Information: 1. The new system would allow for growth in our volume. 2. The new technology of the automated differentials will eliminate manual interpretation of NORMAL differentials and still allow technologist intervention of abnormal differentials. 3. Safety is improved with the new cap - piercing feature because the technologist would no longer remove the rubber cap from the blood tube before analysis. 4. Included with the purchase of this system will be a reticulocyte upgrade at no charge if purchased before September 30, 1994. Financial Impact: Approximate cost: $60,420 Payback: 1.5 years Budgeted amount: $40,000 ADM\C:BKHEMCEX.DOC CITY OF HUTCHINSON BUDGET ADJUSTMENT PROPOSED -1995 GENERAL FUND 01 -Sep -94 Revenues 5,663,271 Proposed - Original Taxes (1,560,758) HACA (581,173) 'Proposed - Revise Taxes 1,422,717 HACA 573,590 Expenditure (6,253,687) Net Difference (736,040) DOLLARS REVENUE 3151 Building permits (42,000) 694,040 3165 Conditional uses (2,000) 692,040 3170 Planning fees (3,000) 689,040 3353 Police retirement 4,000 693,040 3512 Adm. Proj (34,000) 659,040 3513 Engineering (70,000) 589,040 3514 Assessment Search (1,500) 587,540 3515 Otherfees (2,000) 585,540 3578 Rec Bldg Rent 6,000 591,540 3579 Rec Bldg Conc (6,000) 585,540 3824 Fuel Sales 5,000 590,540 3826 Rents 3,000 593,540 3852 Other fund transfer (HCDC) 2,000 595,540 3853 Utilities transfer (25,000) 570,540 Storm Water Reimbursement (25,000) 545,540 3610 Court fines (5,000) 540,540 3850 Liquor Store transfer (10,000) 530,540 (205,500) 530,540 530,540 530,540 0 530,540 City Adm. 530,540 0 530,540 530,540 ELECTIONS 530,540 4120 temp wages (1,500) 529,040 4311 Postage (50) 528,990 4379 Contract R & M (800) 528,190 (2,350) 528,190 FINANCE 528,190 528,190 528,190 528,190 r CITY OF HUTCHINSON BUDGET ADJUSTMENT PROPOSED -1995 GENERAL FUND MOTOR VEC Assessing LEGAL PLANNING 4100 Wages 4141 Pera 4144 Fica 4200 Office supplies 4210 Operating supplies 117;7_ �1 POLICE 4100 Reg Wages 4112 Wages O T 4120 Wages Temp Capital Range Plastic Seat Ballistic Vest FIRE DEPT 4370 Contract R & M 4530 Toolbox SCHOOL LIAISON 4112 OVERTIME 4114 Pera 2 0 528,190 528,190 528,190 528,190 528,190 528,190 528,190 0 528,190 528,190 0 528,190 528,190 0 528,190 528,190 528,190 (5,000) 523,190 (224) 522,966 (383) 522,584 200 522,784 400 523,184 (5,007) 523,184 523,184 523,184 0 523,184 523,184 523,184 0 523,184 (6,825) 516,359 (6,775) 509,584 509,584 509,584 509,584 (1,000) 508,584 (1,500) 507,084 (6,000) 501,084 501,084 501,084 501,084 501,084 501,084 501,084 501,084 (22,100) 501,084 501,084 (6,000) 495,084 (2,500) 492,584 (8,500) 492,584 492,584 (1,000) 491,584 (120) (1,120) 491,464 CITY OF HUTCHINSON BUDGET ADJUSTMENT PROPOSED -1995 GENERALFUND Emergency Services 4320 Travel 4370 Contract R & M 4530 Siren BUILDING INSPECTION 4100 Wages 4141 Para 4144 Fica 4150 Health FIRE MARSHAL ENGINEER STREET 4200 Office Supplies 4213 Clothing 4216 Safety Supplies 4230 Small Tools 4300 Professional 4309 Other Contractual 4370 Contract R & M 4411 Licenses 4530 M & E computer hardware 4100 4100 Reg 4112 OT 4120 Temp 4141 Pera 4144 Fica 4150 Health 4216 Repair & Main Supplies 4224 Street Main Mat 4230 Small Tools 4309 Other Contract 4340 Printing 4320 Travel 4360 Utilities 4530 Capital Asphalt Heater ('55 Oiler) central garage purchase 491,464 0 491,464 (350) 491,114 (1,100) 490,014 (16,000) (17,450) 474,014 474,014 474,014 (10, 830) 463,184 (485) 462,698 (828) 461,870 (5,300) 456,570 (17,444) 456,570 456,570 456,570 0 456,570 456,570 (200) 456,370 (100) 456,270 (50) 456,220 (100) 456,120 (170,000) 286,120 (15,000) 271,120 (2,500) 268,620 (500) 268,120 (150) 267,970 (1,000) 266,970 (189,600) 266,970 266,970 266,970 (8,840) 258,130 (2,000) 256,130 3,000 259,130 (486) 258,644 (829) 257,815 (5,323) 252,492 (500) 251,992 (14,000) 237,992 (400) 237,592 (4,200) 233,392 (850) 232,542 650 233,192 (1,000) 232,192 232,192 (15, 000) 217,192 (49, 778) 217,192 CITY OF HUTCHINSON BUDGET ADJUSTMENT PROPOSED -1995 GENERALFUND 217,192 MAINTENANCE 217,192 4210 Program 0190 (200) 216,992 4360 Program 0190 ($2000) & 0191 (3,000) 213,992 4370 Program 0192 (4,000) 209,992 209,992 (7,200) 209,992 209,992 CEMETERY 209,992 4300 Professional (4,000) 205,992 4510 Building Building Remodel 2,500 208,492 4520 Improvements Other (2,000) 206,492 4530 M & E (3,100) (6,600) 203,392 203,392 CITY HALL 203,392 4210 Operating Supplies (700) 202,692 4212 Cleaning Supplies (200) 202,492 4213 Clothing (100) 202,392 4360 Utilities (3,000) 199,392 199,392 (4,000) 199,392 199,392 PARK & REC. ADM. 199,392 4120 Wage Temp 2,000 201,392 4112 O T Wages (2,400) 198,992 4530 M & E 198,992 Furniture (1,000) (1,400) 197,992 RECREATION 197,992 4120 Temp Wages (6,000) 191,992 191,992 191,992 191,992 (6.000) 191,992 SENIOR CENTER 191.992 4530 Mach & Equipment (2,000) (2,000) 189,992 189,992 CIVIC ARENA 189,992 4120 Temp Wages 0 189,992 4530 Lift (2,500) 187,492 Tempered Acrylic (8,000) 179,492 Bleachers (2,500) 176,992 Tables & Chairs (5,000) 171,992 (18, 000) 171,992 PARK 171,992 4120 Temp Wages (1,480) 170,512 4388 Central Garage Repair 36,000 206,512 4520 Trees 6,000 212,512 4530 Tartan lights (40,000) 172,512 Fence (2,000) 170,512 Top Dresser (7,500) 163,012 163,012 (8,980) 163,012 4 CITY OF HUTCHINSON BUDGET ADJUSTMENT PROPOSED -1995 GENERALFUND RECREATION BLDG 4510 Signage Enclose Bldg 4520 Crack filling 4530 Lift Vacuum AIRPORT 4100 Reg Wages 4141 Pera 4144 Fica 4300 Consultant 4360 Utilities 4530 Adjust to reflect grant $ Park tractor # 47 & cash reserve become $ for part of match TRANSIT CK�7��h�,lIP11�1 UNALLOCATED 4705 HRA Transfer 4995 Contingency Correction of pay plan grid (736,040) (736,040) 0 163,012 163,012 (800) 162,212 (2,500) 159,712 (1,000) 158,712 (2,500) 156,212 (900) (7,700) 155,312 155,312 155,312 (8,840) 146,472 (396) 146,076 (676) 145,400 (180,000) (34,600) (1,000) (35,600) (35,600) (21, 000) (56,600) (211,912) (56,600) (56,600) (56,600) 0 (56,600) (56,600) (56,600) (56,600) (56,600) 0 (56,600) (56,600) (6,000) (62,600) (10,000) (72,600) 72,600 (0) 56,600 (0) (736,040) (736,040) 0 C September 1, 1994 MEMO • 4s • . .1 Z P OJEOP IN w4melli? P go 10) 4 s_ on a 4 434 0f •i A workshop beginning at 5:30 is scheduled for Tuesday, September 6 at the City Center. The meeting will be a preliminary review of the proposed general fund and debt service funds 1995 budget. The directors have reviewed the budgets and made proposed adjustments of both revenue and expenditure. These proposed adjustment are summarized on the attachment by department; (reductions) and increases are indicated by department and specific line item. The tax levy for general obligation determined by the bond offering. We the improvement bonds debt service, to insure sufficient funds on hand general tax levy for the various is: page of your budget book. bonds follows the schedule as have analyzed the numbers for based upon some assumptions, for servicing the debt. The Sues can be found on the first We have reworked the numbers for the 1995 general fund tax levy. The original proposal 1,560,758 (plus HACA of $581,173) has been changed to $1,422,717 plus HACA of $573,590. The total tax levy of $3,318,607 (including the above mention debt levies) would be reduced by $953,521 of I-ACA to a net tax levy of $2,365,086 causing an estimated adjustment for city taxes of 4.84°x. We have assumed an 8 percent growth in the city tax capacity. It City Center 111 Hassan Street SE Hutchinson, MN55350 -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 recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)587 -6427 assumes the 8 percent will be spread in the same fashion as our general tax base and it also assumes negligible impact of our tax increment. With these assumptions we have arrived at an estimated tax capacity of $5,524,000. The $2,365,086 in taxes is divided by the tax capacity to yield the 4.84% increase over 1994. The PRELIMINARY TAX LEVY for 1995 will be set at our next regular meeting. The tax levy can be reduced after this date but the amount cannot be increase once the preliminary levy is approved. The council will also want to discuss the next step in the budget review process. In past years we have given each department an opportunity to review with the city council their department's adjustments or alternative plan. We will have a truth in taxation (TIT) hearing at the date to be determined in November or December. After the TIT hearing we will adopt the budget and final tax levy. CITY OF HUTCHINSON BUDGET ADJUSTMENT PROPOSED -1995 GENERALFUND 01- Sep -94 Revenues 5,663,271 Proposed - Original Taxes (1,560,758) HACA (581,173) 'Proposed - Revise Taxes 1,422,717 HACA 573,590 Expenditure (6,253,687) Net Difference (736,040) DOLLARS REVENUE 3151 Building permits (42,000) 694,040 3165 Conditional uses (2,000) 692,040 3170 Planning fees (3,000) 689,040 3353 Police retirement 4,000 693,040 3512 Adm. Proj (34,000) 659,040 3513 Engineering (70,000) 589,040 3514 Assessment Search (1,500) 587,540 3515 Otherfees (2,000) 585,540 3578 Rec Bldg Rent 6,000 591,540 3579 Rec Bldg Cone (6,000) 585,540 3824 Fuel Sales 5,000 590,540 3826 Rents 3,000 593,540 3852 Other fund transfer (HCDC) 2,000 595,540 3853 Utilities transfer (25,000) 570,540 Storm Water Reimbursement (25,000) 545,540 3610 Court fines (5,000) 540,540 3850 Liquor Store transfer (10,000) 530,540 (205,500) 530,540 530,540 530,540 0 530,540 City Adm. 530,540 0 530,540 530,540 ELECTIONS 530,540 4120 temp wages (1,500) 529,040 4311 Postage (50) 528,990 4379 Contract R & M (800) 528,190 (2,350) 528,190 FINANCE 528,190 528,190 528,190 528,190 CITY OF HUTCHINSON BUDGET ADJUSTMENT PROPOSED -1995 GENERAL FUND MOTOR VEC Assessing LEGAL PLANNING 4100 Wages 4141 Pera 4144 Fica 4200 Office supplies 4210 Operating supplies POLICE 4100 Reg Wages 4112 Wages O T 4120 Wages Temp Capital Range Plastic Seat Ballistic Vest FIRE DEPT 4370 Contract R & M 4530 Toolbox SCHOOL LIAISON 4112 OVERTIME 4114 Pera 2 0 528,190 528,190 528,190 528,190 528,190 528,190 528,190 0 528,190 528,190 0 528,190 528,190 0 528,190 528,190 528,190 (5,000) 523,190 (224) 522,966 (383) 522,584 200 522,784 400 523,184 (5,007) 523,184 523,184 523,184 0 523,184 523,164 523,184 0 523,184 (6,825) 516,359 (6,775) 509,584 509,584 509,584 509,584 (1,000) 508,584 (1,500) 507,084 (6,000) 501,084 501,084 501,084 501,084 501,084 501,084 501,084 501,084 (22,100) 501,084 501,084 (6,000) 495,084 (2,500) 492,584 (8,500) 492,584 492,584 (1,000) 491,584 (120) (1,120) 491,464 CITY OF HUTCHINSON BUDGET ADJUSTMENT PROPOSED -1995 GENERALFUND 491,464 Emergency Services 0 491,464 4320 Travel (350) 491,114 4370 Contract R & M (1,100) 490,014 4530 Siren (16,000) (17,450) 474,014 474,014 BUILDING INSPECTION 474,014 4100 Wages (10,830) 463,184 4141 Pera (485) 462,698 4144 Fica (828) 461,870 4150 Health (5,300) 456,570 (17,444) 456,570 456,570 FIRE MARSHAL 456,570 0 456,570 ENGINEER 456,570 4200 Office Supplies (200) 456,370 4213 Clothing (100) 456,270 4216 Safety Supplies (50) 456,220 4230 Small Tools (100) 456,120 4300 Professional (170,000) 286,120 (15, 000) 271,120 4309 Other Contractual (2,500) 268,620 4370 Contract R & M (500) 268,120 4411 Licenses (150) 267,970 4530 M & E computer hardware (1,000) 266,970 (189,600) 266,970 266,970 STREET 266,970 4100 4100 Reg (8,840) 258,130 4112 OT (2,000) 256,130 4120 Temp 3,000 259,130 4141 Pera (486) 258,644 4144 Fica (829) 257,815 4150 Health (5,323) 252,492 4216 Repair & Main Supplies (500) 251,992 4224 Street Main Mat (14,000) 237,992 4230 Small Tools (400) 237,592 4309 Other Contract (4,200) 233,392 4340 Printing (850) 232,542 4320 Travel 650 233,192 4360 Utilities (1,000) 232,192 4530 Capital 232,192 Asphalt Heater ('55 Oiler) (15,000) 217,192 central garage purchase (49,778) 217,192 CITY OF HUTCHINSON BUDGET ADJUSTMENT PROPOSED -1995 GENERALFUND :f 217,192 MAINTENANCE 217,192 4210 Program 0190 (200) 216,992 4360 Program 0190 ($2000) & 0191 (3,000) 213,992 4370 Program 0192 (4,000) 209,992 209,992 (7,200) 209,992 209,992 CEMETERY 209,992 4300 Professional (4,000) 205,992 4510 Building Building Remodel 2,500 208,492 4520 Improvements Other (2,000) 206,492 4530 M & E (3,100) (6,600) 203,392 203,392 CITY HALL 203,392 4210 Operating Supplies (700) 202,692 4212 Cleaning Supplies (200) 202,492 4213 Clothing (100) 202,392 4360 Utilities (3,000) 199,392 199,392 (4,000) 199,392 199,392 PARK & REC. ADM. 199,392 4120 Wage Temp 2,000 201,392 4112 O T Wages (2,400) 198,992 4530 M & E 198,992 Furniture (1,000) (1,400) 197,992 RECREATION 197,992 4120 Temp Wages (6,000) 191,992 191,992 191,992 191,992 (6,000) 191,992 SENIOR CENTER 191,992 4530 Mach & Equipment (2,000) (2,000) 189,992 189,992 CIVIC ARENA 189,992 4120 Temp Wages 0 189,992 4530 Lift (2,500) 187,492 Tempered Acrylic (8,000) 179,492 Bleachers (2,500) 176,992 Tables & Chairs (5,000) 171,992 (18,000) 171,992 PARK 171,992 4120 Temp Wages (1,480) 170,512 4388 Central Garage Repair 36,000 206,512 4520 Trees 6,000 212,512 4530 Tartan lights (40,000) 172,512 Fence (2,000) 170,512 Top Dresser (7,500) 163,012 163,012 (8,980) 163,012 :f CITY OF HUTCHINSON BUDGET ADJUSTMENT PROPOSED -1995 GENERALFUND RECREATION BLDG 4510 Signage Enclose Bldg 4520 Crack filling 4530 Lift Vacuum AIRPORT 4100 Reg Wages 4141 Pera 4144 Fica 4300 Consultant 4360 Utilities 4530 Adjust to reflect grant $ Park tractor # 47 & cash reserve become $ for part of match TRANSIT COMMUNITY UNALLOCATED 4705 HRA Transfer 4995 Contingency Correction of pay plan grid 163,012 163,012 (800) 162,212 (2,500) 159,712 (1,000) 158,712 (2,500) 156,212 (900) (7,700) 155,312 155,312 155,312 (8,840) 146,472 (396) 146,076 (676) 145,400 (180,000) (34,600) (1,000) (35,600) (35,600) (21, 000) (56, 600) (211,912) (56,600) (56,600) (56,600) 0 (56,600) (56,600) (56,600) (56,600) (56,600) 0 (56,600) (56,600) (6,000) (62,600) (10,000) (72,600) 72,600 (0) 56,600 (0) (736,040) (736,040) 0 City Tax - 1993 Tax Certified Tax Tax Capacity Taxes Effort Payable $5,018,394 $1,930,351 141.86% $709.28 $1,106.48 $1,815.76 $2,525.04 $0.00 $4,255.68 $7,589.30 38.47% $192.33 $300.03 $492.36 $684.69 $0.00 $1,153.98 $2,057.93 City Tax - 1994 Tax Certified City of Hutchinson $0.00 Tax $2,269.18 0.00 59.30 Comparision of Taxes Proposed Levy Options 1994 Taxes Effort 104.77 01- Sep -94 4.84% 4.84% $5,109,895 $2,119,904 147.23% Homestead Property $1,148.39 Commericial $2,620.69 Assessor Market Value 50,000 75,000 100,000 125,000 100,000 150,000 1993 Tax Capacity 500 780 1,280 1,780 3,000 5,350 1994 Tax Capacity 500 780 1,280 1,780 3,000 5,300 1995 Tax Capacity 500 780 1,280 1,780 3,000 5,300 City Tax - 1993 Tax Certified Tax Tax Capacity Taxes Effort Payable $5,018,394 $1,930,351 141.86% $709.28 $1,106.48 $1,815.76 $2,525.04 $0.00 $4,255.68 $7,589.30 38.47% $192.33 $300.03 $492.36 $684.69 $0.00 $1,153.98 $2,057.93 City Tax - 1994 Tax Certified Tax $0.00 Tax $2,269.18 0.00 59.30 Capacity Taxes Effort 104.77 Payable 4.84% 4.84% $5,109,895 $2,119,904 147.23% $736.15 $1,148.39 $1,884.54 $2,620.69 40.84% $204.19 $318.54 $522.73 $726.92 1995 Estimated tax capacity based upon estimated market value increase from $290,905,800 to $314,218,500 or 8.1 % 1995 Tax % Certified Tax Tax Capacity Inc. Taxes Effort (1) Payable $5,524,000 2,365,086 TOTAL 42.81% 149.21% $746.03 $1,163.81 $1,909.85 $2,655.88 CITY ONLY 42.81% $214.07 $333.95 $548.03 $762.10 2560710 TOTALTAXINCREASE 9.88 15.42 25.30 35.19 CITY ONLY INCREASE 9.88 15.42 25.30 35.19 4.84% 4.84% 4.84% 4.84% $0.00 $4,416.90 $7,803.19 $0.00 $1,225.14 $2,164.41 $0.00 $4,476.20 $7,907.96 $0.00 $1,284.44 $2,269.18 0.00 59.30 104.77 0.00 59.30 104.77 4.84% 4.84% ��¢m��oo��aa�� CITY OF HUTCHINSON CAPITAL IMPROVMENTS PROGRAM 1996-1998 1 CITY OF HUTCHI SON CAPITAL IMPROVEMENTS 25-Aug-94 1996 1997 1998 GEN RA FUND DEP RTMENTS Fina ce Computer upgrade 5,000 10,000 5,000 Software upgrad s 5,000 5,000 5,000 Copy Machine 3,500 Imaging 15,000 Libra Poli Laptop computer computerp 18,000 Night vision equipment 5,000 Body armor 1,500 1,000 Fire 1989 Chev Car 19,000 1/2 ton pick up ost will be share with rural 40,000 1981 Pumper Refurbished 160,000 En i eer Software 750 1,500 HP Color jet prini er 2,000 Plan rack 1,000 a ui met 1,000 2,000 -Survey Stre t Skid mounted breaker 7,000 ucket 5,000 --Loadergrapple Screening ConvE yor 10,000 Skid Steer - addil ional unit 34,000 Cem atery Street upgrade 7,000 7,000 7,000 Building upgrad e 25,000 Computer 2,500 Ci enter Park /Recreation/Adrtinstration Copy Machine 4,500 Com uter /softw a 5,000 2 CITY OF HUTCHI SON CAPITAL IMPROVEMENTS 25-Aug-94 1996 1997 1998 Civic Arena Acrylic glass wit tempered 8,000 8,000 Tables & Chairs 2,000 Frames/Nets 2,000 Parkin lot -crac dng sealing 1,000 Dasher boards 5,000 Ceilin fans 5,000 Park BUILDINGS Enclose Ceilings 5,000 Jaycee remodel 2,000 2,000 Bandstand 12,000 Plumbing fixture 5,000 OTHERIMPRO EMENTS Pla round 7,500 7,500 Hocke anel 3,000 3,000 Rotary Shelter 50,000 35,000 Fencing repair 2,000 2,000 MACHINERY & QUIPMENT Benches 500 500 Minis 700 700 Tables 1,500 1,500 Weed Whips 600 600 Mowers 500 500 Bleachers 2,000 2,000 AMT 5,000 Chain saws 2,500 Senior Citizens Cente Cop machine ewdter & Misc. 5,000 Fitness E ui met 5,000 Recr ation Building/Pool Upgrad e lighting 12,000 Office Carpet 3,500 Floor scrubber r placement 8,000 Water slide 50,000 Airpc rt Truck 46,000 Hangar DEPENDENT ON FUNDING & NI EED) Transit Othe TOTAL GENE L 296,050 228,800 211,000 3 CITY OF HUTCHI SON CAPITAL IMPROVEMENTS 25-Aug-94 1996 1997 1998 CAPITAL IMPROVEMENT -OTHER "42 " Improvements Bike PEDESTRIAN t ail Brid e - Bluff Brid e - 5th Ave Senior Center Tri - enc Cro Riverlmprovem nts Air rt Civic Arena - Com re sor /floor Hou in Park Sports Complex II Dow town Renovation CitV uildin City Center Recreation/Pool Civic Arena Police Station Addition 175,000 Parks Garage Street Tri -A en Library TOTAL OTHER 0 175,000 0 TOTAL ALL 296,050 403,800 211,000 C September 1, 1994 MEMO TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL FINANCE DIRECTOR SUBJECT: 35 Franklin Street North Property The city recently appraised the property Franklin Street North. Lorence and Associates placed a value of $69,000 on this property. The property owner has come in and offered to sell the property with the house removed ( sold to another party). Leaving the city the property and the basement to deal with. I am not sure if the city council wants to respond but the owners have said the potential buyer has indicated they would like to know within a few days. The matter would have to be acted on at a regular meeting if the council would like the matter on the agenda City Center 111 Hassan Street SL 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 - Primed on recvrled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)587 -6427