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cp03-27-2007 c
AGENDA
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, MARCH 27, 2007
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1. CALL TO ORDER - 5:30 P.M.
2. INVOCATION - Rev. Randy Adams, Riverside Assembly of God Church
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
(a) REGULAR MEETING OF MARCH 13,2007
(b) BID OPENING MINUTES OF MARCH 13, 2007 (MONTANA STREET NW)
Action - Motion to approve as presented
6. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. AIRPORT COMMISSION MINUTES FROM OCTOBER 19, 2006, NOVEMBER 16, 2006,
DECEMBER 21, 2006, JANUARY 18,2007, FEBRUARY 15,2007
2. HUTCHINSON HOUSING AND REDEVELOPMENT REGULAR BOARD MEETING MINUTES
FROM JANUARY 16,2007, FEBRUARY 20, 2007
. 3. HUTCHINSON PLANNING COMMISSION MINUTES FROM FEBRUARY 20, 2007
4. CITY OF HUTCHINSON FINANCIAL REPORT FOR FEBRUARY 2007
5. CITY OF HUTCHINSON INVESTMENT REPORT FOR FEBRUARY 2007
(b) RESOLUTIONS AND ORDINANCES
1. CONSIDERATION FOR APPROVAL OF RESOLUTION TO EXCEPT PROCESSING SPRING AND
SUMMER ORGANICS-RIESE FARMS
2. RESOLUTlON NO. 13163 - RESOLUTION FOR PURCHASE OF CRACK SEAL MATERIAL AND
BIODIESEL FUEL
(c) PLANNING COMMISSION ITEMS
1. CONSIDERATION OF LOT SPLIT SUBMITTED BY BRUCE NAUSTDAL LOCATED IN
RA VENWOOD WEST WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION
(ADOPT RESOLUTION NO. 13155)
.
2. CONSIDERATION OF CONDlTIONAL USE PERMIT TO AMEND THE PLANNED
DEVELOPMENT DISTRICT FOR CONSTRUCTION OF TWIN HOME LOCATED AT 560/564
HILLTOP DRIVE N.E. SUBMITTED BY CROW RIVER HABITAT FOR HUMANITY WITH
FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO.
13156)
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CITY COUNCIL AGENDA - MARCH 27, 2007
3. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE REPAIR
FACILITY IN THE INDUSTRIAL COMMERCIAL DISTRICT LOCATED AT 805 HWY 7 WEST
WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION
NO. 13157)
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4. CONSIDERATION OF CONSTRUCTION OF A FAMILY VIDEO STORE LOCA TED AT 108 1 ST
AVENUE N.E. SITE PLAN SUBMITTED BY ROCKFORD CONSTRUCTION WITH FAVORABLE
PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13159)
(d) CONSIDERATION FOR APPROVAL OF ON-SALE INTOXICATING LIQUOR AND CLUB LICENSES
FOR 2007
(e) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR CROW RIVER
CHAPTER OF MINNESOTA DEER HUNTERS ASSOCIATION FOR MARCH 31, 2007
(f) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR MCLEOD
COUNTY PHEASANTS FOREVER ON APRIL 14,2007
(g) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANTS LICENSE FOR RANDALL
HERRMAN
(h) CONSIDERATION FOR APPROVAL OF LEASE AGREEMENT FOR OLD DASSEL MEDICAL
CLINIC BUILDING
(i) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO.1, WWPT
SCADA SYSTEM (LETTING NO. 13, PROJECT NO. 06-15)
(j) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO.1, WWTF
ADMINISTRATION BUILDING EXPANSION (LETTING NO. 12, PROJECT NO. 06-14)
(k) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO.2, HATS
COLD STORAGE BUILDING (LETTING NO. 14, PROJECT NO.06-16)
(1) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2007 PAVEMENT REHABILITATION
PROGRAM (LETTING NO.5, PROJECT NO. 07-05)
(m)CONSIDERATION FOR APPROVAL OF HOUSING AMERICA 2007 PROCLAMATION
(n) CONSIDERATION FOR APPROVAL OF APPOINTMENT OF CHRIS KOVACIC TO PLANNING
COMMISSION BOARD UNTIL MARCH 2012
(0) CONSIDERATION FOR APPROVAL OF CAPITAL EXPENDITURE REQUEST FOR TECHNOLOGY
PURCHASE FROM HUTCHINSON AREA HEALTH CARE BOARD OF DIRECTORS
Action - Motion to approve consent agenda
7. PUBLIC HEARINGS - 6:00 P.M.
(a) ORDINANCE NO. 07-0460-AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM
ON CERTAIN LAND USE ACTIONS WITHIN THE HIGHWAY 7 CORRIDOR STUDY AREA
8. COMMUNICATIONS. REOUESTS AND PETITIONS
. (a) PRESENTATION OF HUTCHINSON POLICE SERVICES 2006 YEAR-END REPORT
(b) DISCUSSION OF WATER BILL CHARGES AT 1320 SOUTH GRADE ROAD SW
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CITY COUNCIL AGENDA - MARCH 27, 2007
No action.
. UNFINISHED BUSINESS
10. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF PROPOSED AMENDMENT TO CITY POLlCY NO. 3.18-
SAFETY CLOTHING - REIMBURSEMENT
Action - Motion to reject - Motion to approve
(b) CONSIDERATION FOR APPROVAL OF A RESOLUTION NO. 13162 AMENDING THE METHOD OF
DETERMINING SANITARY SEWER SERVICE CHARGES FOR THE CITY OF HUTCHINSON
Action - Motion to reject - Motion to approve
(c) CONSIDERATION FOR APPROVAL OF RESETTING BUDGET WORK SESSION FROM MARCH 29,
2007
Action - Motion to reject - Motion to approve
(d) CONSIDERATION FOR APPROVAL OF SUMP PUMP PROGRAM PROPOSALS
Action - Motion to reject - Motion to approve
(e) CONSIDERATION FOR APPROVAL OF ITEMS RELATED TO THE CROW RIVER DAM
REPLACEMENT PROJECT
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Action - Motion to reject - Motion to approve
(f) CONSIDERATION FOR APPROVAL OF RESOLUTION OF SUPPORT FOR MCLEOD COUNTY
SOUTHWEST RING ROAD PROJECT (CSAH 115)
Action - Motion to reject - Motion to approve
(g) CONSIDERATION FOR APPROVAL OF DISCUSSION OF lvfN/DOT OUTREACH MEETING ITEMS
Action - Motion to reject - Motion to approve
(h) CONSIDERATION FOR V ACTION OF UTILITY EASEMENTS LOCATED BETWEEN 1209 AND 1205
LEWIS AVENUE S.W. REQUESTED BY STEVE WADSWORTH, PROPERTY OWNER WITH
FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13157)
0) CONSIDERATION OF RFP FOR INSURANCE BROKER SERVICES FOR WORKERS
COMPENSATION, PROPERTY, COMP, AND LIABILITY INSURANCE
Action - Motion to reject - Motion to approve
11. MISCELLANEOUS
(a) COMMUNICATIONS
.,. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
13. ADJOURN
3
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, MARCH 13,2007
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I. CALL TO ORDER - 5:30 P.M.
Mayor Steve Cook called the meeting to order. Members present were Bill Arndt, Jim Haugen, and Kay
Peterson. Member absent was Casey Stotts. Others present were Gary Plotz, City Administrator, Kent Exner,
City Engineer, and Marc Sebora, CIty Attorney.
2. INVOCATION - Rev. Randy Adams, Riverside Assembly of God Church, delivered the invocation.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
Council Member commented that a former City of Hutchinson Fire Chief passed away yesterday. The
Council had a moment of silence in his remembrance.
5. MTNUTES
(a) REGULAR MEETING OF FEBRUARY 28, 2007
Motion by Haugen, second by Arndt, to approve the minutes as presented. Motion carried unanimously.
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6. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. FIRE DEPARTMENT MONTHLY REPORT FOR FEBRUARY 2007
. 2. PUBLIC LIBRARY BOARD MEETING MINUTES FROM JANUARY 22, 2007
3. PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM FEBRUARY 5,
2007
4. BUILDING DEPARTMENT MONTHLY REPORT FOR FEBRUARY 2007
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13148 - RESOLUTION FOR PURCHASE (810 DIESEL, UNLEADED
GASOLINE AND HYDRAULIC CONVEYOR)
2. RESOLUTION NO. 13149 - RESOLUTION SUPPORTING NEW STATE PARK ON GREENLEAF
LAKE IN ELLSWORTH TOWNSHIP, MEEKER COUNTY
3. ORDINANCE NO. 07-0453 - AN ORDINANCE GRANTING AQUARIA PETS THE RIGHT TO
PLACE TWO BICYCLE RACKS OVER AND ABOVE CERTAIN PROPERTY LOCATED ON
PUBLIC PROPERTY LOCATED AT 30 MAIN STREET SOUTH (SECOND READING AND
ADOPTION)
4. ORDINANCE NO. 07-0458 - ~ORDINANCE REQUESTING TO REZONE PROPERTY FROM R2
TO C5 LOCATED AT 267 4 AVENUE NW FOR CHANGE OF USE FROM CHURCH TO
PROFESSIONAL OFFICE BUILDING (SECOND READING AND ADOPTION)
5. ORDINANCE NO. 07-0459 - AN ORDINANCE AMENDMENT SPECIFYING ACCESSORY
BUILDING REQUIREMENTS AND SECONDARY ACCESS DRIVES ON DOUBLE FRONTAGE
LOTS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND
READING AND ADOPTION)
(c ) CONSIDERATION FOR APPROVAL OF ON-SALE INTOXICATING LIQUOR, CLUB AND WINE
LICENSES FOR 2007
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CITY COUNCIL MINUTES - MARCH 13, 2007
( d) CONSIDERATION FOR APPROVAL OF PERMISSION TO APPLY FORA 2007 FEDERAL FIRE ACT
GRANT FOR PERSONAL PROTECTIVE EQUIPMENT
(e) CONSIDERATION FORAPPROV ALOF OUT-OF-STATE TRA VEL FOR BRIAN MEHR TO ATTEND
WATER & PROCESS TECHNOLOGIES WASTEWATER USERS' GROUP IN SCOTTSDALE,
ARIZONA
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(f) CONSIDERATION FOR APPROVAL OF ITEMS REGARDING SCHOOL ROAD PEDESTRIAN
UNDERPASS PROJECT (LETTING NO.1, PROJECT NO. 07-01)
(g) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR CROW RIVER
HABITAT FOR HUMANITY ON AUGUST 19,2007
Items 6(b )5, 6( c), and 6(b)3 were pulled for separate action.
Motion by Haugen, second by Arndt, to approve consent agenda with the exception of the items noted above.
Motion carried unanimously.
Item 6(b)3 had further discussion. Mayor Cook noted that the proposal for this item would be for one year,
however only one rack should be approved.
Motion by Arndt, second by Peterson, to change wording from two racks to one rack. Carried unanimously.
Peterson, Arndt to approve. Carried unanimously.
Item 6(b)5 had further discussion. Kay Peterson raised concerns about the older style of neighborhoods
where the garage access is on the rear side and the front access to the home is on the front side. Kent Exner
noted that developments are changing from through streets to cluster-type developments on collector streets
in which properties get boxed in. The purpose of the ordinance is to limit multiple accesses that cause
hindrances to other property owners.
Motion by Arndt, second by Haugen, to approve Item 6(b). Motion carried unanimously.
Item 6( c) had further discussion. It was clarified that the Best Western Victorian Inn should be removed
from the list as a public hearing will soon be held for new ownership.
Motion by Peterson, second by Haugen, to approve Item 6( c). Motion carried unanimously.
7. PUBLIC HEARINGS - 6:00 P.M.
(a) CONSIDERATION FOR APPROVAL OF ON SALE INTOXICATING & SUNDAY LIQUOR LICENSE
TO MEDINA HOSPITALITY GROUP LLC (BEST WESTERN VICTORIAN INN)
Motion by Haugen, second by Peterson, to close public hearing. Motion carried unanimously.
Council Member Arndt noted that he had some concerns that the applicant was not in attendance.
Motion by Peterson, second by Cook, to approve intoxicating and Sunday liquor license to Medina
Hospitality Group, LLC. Motion carried unammous1y.
8. COMMUNICATIONS. REQUESTS AND PETITIONS
9. UNFINISHED BUSINESS
10. NEW BUSINESS
.
(a) CONSIDERATION FOR APPROVAL OF ADOPTING CREEKSIDE COMPOST FACILITY MISSION
STATEMENT
Doug Johnson reviewed the Mission Statement that was developed by the Strategic Planning Committee of
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CITY COUNCIL MINUTES - MARCH 13, 2007
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the compost facility. Mr. Johnson also spoke about some ofthe projects the Committee is working on and
progress they are making in specific areas.
Motion by Peterson, second by Arndt, to approve adoption of Creekside Compost Facility Mission
Statement. Motion carried unanimously.
Mr. Johnson further explained the processes the Strate~ic Planning Committee is going throu~ in order to
follow through with mission statement of the organization, as well as create a long-term strategic plan for the
facility.
11. MISCELLANEOUS
(a) COMMUNlCATIONS
Kent Exner noted that a notice will go out to City residents that the new water treatment plant will be in
operation next week. General discussion was held regarding the improvements the new plant will bring to
water quality.
Gary Plotz - Mr. Plotz noted that the Spring s~cial clean-up will be held April 4, 2007. This is where white
goods will be picked up at curbside. A flier will be going out with the utility bill. A special leaf pick-up will
be held in April as well.
Mr. Plotz also noted that a meeting needs to be scheduled to set budget objectives and review the fund
balance.
Motion by Arndt, second by Peterson, to set March 29,2007, from 1:00 - 5:00 p.m. at the City Center to
discuss 2008 budgeting objectives.
Bill Arndt noted that a meeting regarding the Luce Line Trail will be held March 31,2007, from 10:00 a.m.
- 12noon at the Silver Lake Auditorium.
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Motion by Arndt, second by Haugen, to set the above date and time as a public meeting. Motion carried
unanimously.
Kent Exner noted that on March 30, 2007, from 9:00 a.m. - l2noon, MnDOT is holding an outreach meeting
at the Holiday Inn in Willrnar.
Motion by Peterson, second by Arndt, to set the above date and time as a public meeting. Motion carried
unanimously.
Kent Exner also noted that he, the mayor and Don Roecker, federal funding consultant, met with the City's
federal legislators to discuss funding of the wastewater treatment plant. The City is requesting a grant in the
amount of $1 million.
12. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS
Motion by Arndt, second by Peterson, to approve claims, appropriations and contract payments. Motion carried
unanimously.
13. ADJOURN
Motion by Arndt, second by Haugen, to adjourn at 6:30 p.m. Motion carried unanimously.
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BID OPENING
LETTING NO. 1A1PROJECT NO. 06-01A
MONTANA STREET NW
MARCH 13, 2007 AT 9:00 A.M.
Present:
Ken Merrill, Finance Director
Kent Exner, City Engineer
Melissa Starke, Recorder
Sharon Artmann, Recorder
The Bid Opening was called to order at 9:00 a.m. by Ken Merrill. Mr. Merrill noted that the
City Council reserves the right to reject all bids and to waive any informalities and
irregularities. The reading of the Advertisement for Bids was waived and the following bids
were opened and read aloud:
Duininck Bros. Inc.
408 6th SI., Po Box 208
Prinsburg, MN 56281
Bid Amount: $204,270.03
Hjerpe Contracting Inc.
16246 Hwy 15 South
Hutchinson, MN 55350
Bid Amount: $208,170.30
R&R Excavating Inc.
1149 Hwy 22 South
Hutchinson, MN 55350
Bid Amount: $186,194.16
Wm. Mueller & Sons, Inc.
831 Park Avenue
Hamburg, MN 55339
Bid Amount: $208,576.81
Closed: 9:07 a.m.
ATTEST:
Steven W. Cook
Mayor
Gary D. Plotz
City Administrator
5 (b)
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+HUTCHINSON AIRPORT COMMISSION
October 19, 2006
5:30 p.m.
Airport ArrivallDeparture Building
Minutes
Members present:
Dave Skaar, Doug McGraw, Dick Freeman, Joel Schwarze
Members absent:
Chuck Brill
Others Present:
John Olson, City of Hutchinson; Tom Parker, Hutchinson Aviation; Joe Dooley,
Tim Miller, John Miller, Julie Neubarth (pilots)
Meeting called to order at 5:35 p.m. There was a quorum of members present.
1., ADDrove MiD utes of SeDtember 28. 2006 meetin2
Motion made by McGraw, second by Freeman to approve minutes. Unanimous approval.
b Airoort Commission ADl>Ointmenl. City Council reappointed Chuck Brill to the Commission at the October
II City Council meeting. Chuck's term expires September 2011.
~ 2006 AirDort 'mDrovements - T-Han2ar construction
.
Olson updated the Commission regarding progress on the project to-date. Shop drawings have been submitted and
reviewed. The building permit has been issued. Anticipate concrete work to begin the week of October 23.
Olson reported there were some required change orders for the project.
The first change order addressed installation of a wrap-around grade beam at door entrances to the utility rooms.
The beam is strung from pillar to pillar under the entrances to the utility rooms to avoid settling issues at those
doors. The cost is estimated at $4,665. The second change order is for installation of additional pedestrian door to
comply with code for accessibility. The cost is estimated at $1,172.
There were no other potential issues identified.
:!, Close-out of existin2 federal nrolects
Olson reported that for the 2004 federal project, the last engineering bill was submitted for payment. For the 2005
federal project, all but the electrical portion has been submitted for payment.
Motion made by McGraw, second by Freeman to recommend the City Council terminate the contract with Quade
Electric, Inc. and find another qualified contractor to complete the work. Unanimous approval.
~ Review orivate and/or commercial ooerations activitv
After discussion regarding the lease with Life Link III, Commissioners agreed the lease should include provisions
that Life Link III install a concrete pad off the existing apron and an underground electrical connection for the
helicopter. The lease is to also include provisions to allow installation of appropriate aircraft monitoring devices so
Life Link III can comply with recommendations outlined by accreditation organization. recommended. Life Link
III will need to put in a web-<:am system to monitor the aircraft 2417. The new lease should rellect that.
. 6. Other Discussions
A copy of the most recent financial statement provided by the City's finance department was distributed.
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L New Business
Olson presented a draft hangar policy for consideration. Commissioners agreed the draft should include allowing
existing hangar tenants to have first opportunity to for available hangar space, with priority given to tenants with
greatest longevity.
Commissioners agreed the draft policy should identifY distinctions between individuals and entities other than
individuals, such as partnerships, flying clubs, corporations, etc.
Commissioners agreed the draft policy create only one waiting list for hangar space.
Olson and City staff will be working on a draft policy. The draft policy will be distributed to Commissioners and
will be addressed at a future meeting.
Freeman noted two lights, one on building #3 and one near the fueling site need to have bulbs replaced.
Motion to adjourn at 7:05 made by Schwarze, second by Freeman. Unanimous approval.
NEXT MEETING:
Tentatively scheduled for November 16,2006 at 5:30
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+HUTCHINSON AIRPORT COMMISSION
November 16,2006
5:30 p.m.
Airport ArrivallDeparture Building
Minutes
Members present:
Dave Skaar, Chuck Brill, Doug McGraw, Dick Freeman, Joel Schwarze
Others Present:
John Olson, City of Hutchinson; Tom Parker, Hutchinson Aviation;
Daryl Luthens, Joe Dooley, Tim Miller - Hangar tenants
Meeting called to order at 5 :34 p.m. There was a quorum of members present.
1:. Annmve Minutes of October 19. 2006 meetin!!
Motion made by McGraw, second by Brill to approve minutes. Unanimous approval.
2. 2006 Airoort Imvrovemenls - T -Han!!ar construction
Olson updated the Commission regarding progress on T-hangar construction, to date. The foundation/concrete work
is finished and the electrical conduit has been installed. According to Jason at Midland Bi-Fold Doors, the structural
steel is being fabricated currently. He expects the building components will be delivered and erection of the
building will start in December.
Extra care will need to be taken to protect the anchor bolts during snow removal.
,1 C1ose--out of existin!! federal vroiecls
Olson reported of progress regarding close--out of existing federal projects. The 2004 Airport Improvements project
has been completely closed out. For the 2005 Airport Improvements project, all but electrical portion has been
submitted for payment
After the request for the Commission to consider recommending to Council termination of the contract with Quade
Electric for non-performance, the materials were ordered and we expect shipment of materials in the near future.
~ Review orivate and/or commercial ooeratioDS activity
Olson presented draft lease with Life Link Ill. Commissioners discussed a prepaid one year term, with an assumed
$0.25 per square foot lease rate. In addition, Life Link II1 will be charged for 3,000 gallons per month to calculated
water and sewer charges. The lease was extended through November 30, 2006 at the October 24 City Council
meeting. The fmallease language will be presented for the November 28, 2006 City Council meeting.
Motion made by Brill, second by Schwarze to approve proposed lease provisions. Unanimous approval.
~ Other Discussions
Olson presented the most recent budget information from September 2006 for informational purposes.
Commissioners identified that the budget is less than 75% spent, which was seen as positive.
Commissioners reviewed the proposed hangar policy. Discussion followed to clarify some items, including:
a. Allow existing hangar tenants first opportunity to move into available hangars
b. Combine the in-town and out-of town waiting lists into one waiting list, and offer available space in
ascending order by date the applicant was placed on the waiting list.
c. Clarified procedures.
Motion by Schwarze, second by Brill to approve proposed hangar policy language and present to the City Council at
their next meeting. Unanimous approval.
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1" New Business
The Commission discussed proposed hangar rental rates for 2007. Generally, costs went up between 6-9%, as there
has not been a rate increase in two years. In-town rates were proposed at:
a. Hangar # I (Open hangar) ~ $ 35 6% increase
b. Hangar #2 (Old enclosed hangar) ~ $ 60 'PIO increase
c. Hangar #3 (Large enclosed hangar) ~ $100 8% increase
d. Hangar #3/1 and #3/5 (Twin hangars) ~ $175 8% increase
e. Hangar #4 (Hangar under construction) ~$I 00 n/a
The Commission discussed potential agricultural land lease. There are approximately 84 agricultural acres for lease.
Commissioners discussed the preference to have alfalfa as a primary crop, if possible. However, it is more
important to get as much rent as possible to support the airport operations.
The Commission will discuss options at it next meeting in December.
At 6:47, a motion to adjourn was made by McGraw, second by Brill. Unanimous approval.
NEXT MEETING:
December 21, 2006
o (a) \
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+HUTCHINSON AIRPORT COMMISSION
December 21, 5 :30 p.m.
Airport ArrivaVDeparture Building
Minutes
Members present:
Dave Skaar, Chuck Brill, Doug McGraw, Dick Freeman
Members absent:
Joel Schwarze
Others Present:
John Olson, City of Hutchinson; Karl Heisel; George Lohtka; Daryl Luthens; Todd
Walters; Julie Neubauer; Joe Dooley, pilots
Meeting called to order at 5:32 p.m. There was a quorum of members present.
1:. Annrove Minutes of November 16. 2006 meetin2
Motion made by Freeman, second by McGraw to approve minutes. Unanimous approval.
2. 2006 Airnort Imnrovements - T -"an2ar construction
I) Olson updated Commissioners on project progress to date. The foundation concrete and electrical
conduit is completed. Much of the framing is complete. The contractor has submitted a schedule as
follows:
a. Structural steel: December 18 to December 22
b. Cladding, roof, exterior wall, doors, interior walls: January 2 to January 12
c. Electrical: January 8 to February 2
d. Certificate of Occupancy: February 5
2) Identification of potential issues:
a. The contractor expressed that this schedule would be subject to weather conditions. Olson
mentioned that all parties involved in snow removal at the airport must be aware and use extra
care to protect the construction site during snow removal.
~ Close-out of existin2 federal nroiects
1) 2005 - All but Electrical portion has been completed. Expecting a partial billing on a portion of the
electrical project that is done. Siemens is sizing a ferro-resonant regulator. Quade's has supplied them
with appropriate lighting system data, and engineers at Siemens are comparing the supplied
infonnation to ensure the regulator is of an appropriate size. When the regulator is sized, the products
will be shipped for installation.
~ Review nrlvate andlor commercial onerations activity
1) FBO - there were no reported issues with Hutchinson Aviation.
2) Life Link Ill- there were no reported issues with Life Link Ill.
21 Other Discussions
I) Capital Improvement Plan. Because of the existing balance of Federal AlP funds, the following 5-year CIP
was discussed:
a. 2007 - Airport Layout Plan (ALP) update, including airport zoning and study oflocation of future
hangars relative to GPS approach.
b. 2008 - Apron expansion
c. 2009 - Pavement improvements (runway, taxiway)
d. 20 II - Hangar
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2) Existing hangar (#3-6):
a. Hangar #3-6 was assigned to Todd Walters. Motion by McGraw, second by Skaar. Unanimous
approval.
b. Commissioners requested that City staff send a letter to all hangar tenants to learn if they would
like to move from their existing hangar when the new hangar is completed and ready for
occupancy. The letters are to be returned to the City in time to compile the results and have them
ready for the next Airport Commission Meeting. Commissioners stated they intended to begin the
process of assigning hangar spaces, based on the responses received and the new policy. The next
regularly scheduled meeting is proposed for Thursday January 18,2007.
!!l New Business
1) Recommend awarding agricultural lease. A motion was made by McGraw, second by Freeman to
recommend lease be awarded to Skyview Dairy, Inc. Unanimous approval.
2) Chair Dave Skaar informed the Commission of an opportunity to learn about the Open Meeting Law
hosted by the Hutchinson Leader. The meeting will be held at 9:30 on Thursday January II at the City
Center. Skaar invited Commissioners to attend. He reminded them to RSVP to Mellissa Sullivan at
the Leader by Tuesday January 9.
3) Olson was instructed to put the Airport Commission meetings on the City calendar. Meetings will be
scheduled for the 3" Thursday of the month at 5:30 p.m. at the Airport Conference room.
At approximately 6:45, a motion to adjourn was made by McGraw, second by Freeman. Unanimous approval.
NEXT MEETING:
scheduled for Thursday January 18, 2007
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+HUTCHINSON AIRPORT COMMISSION
January 18,20075:30 p.m.
Airport Arrival/Departure Building
Minutes
Members present:
Chuck Brill, Doug McGraw, Dick Freeman, Joel Schwarze
Members absent:
Dave Skaar,
Otbers Present:
John Olson, City of Hutchinson; Several hangar tenants and pilots also attended the
meeting.
Meeting called to order at 5:30 p.m. There was a quorum of members present.
L 2006 Alroort Imnrovements - T-Hanear construction
1) Olson updated Commissioners on project progress to date. An inspection will be held in early
February. The contractor has submitted a proposed schedule for completion of approximately mid-to-
late February.
b. Establish List of Tenant Loneevltv
1) Commissioners and those present assisted in preparing the list of tenants, by longevity. Dates were
assigned to the tenants, as indicaten on the attached memorandum prepared using meeting notes.
,l" Assiened Hanear Snace wben New T-Hanear Becomes Available
1) Commissioners and those present assisted in preparing the assigned hangar spaces, in accordance with
the existing Hangar Policy, as indicated on the attached map.
At approximately 6:45, a motion to adjourn was made by McGraw, second by Freeman. Unanimous approval.
NEXT MEETING:
Scheduled for Thursday February 15,2007
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January 19,2007
City of Hutchinson
Hutchinson Municipal Airport - Butler Field
Operations & Maintenance
1400 Adams St SE
Hutchinson, MN 55350
Phone (320) 234-4219 Fax (320) 234-6971
To: Airport Commission members
From: John Olson, Public Works Manager
Subject: Priority order for Hangar Tenants (established at the January 18,2007 meeting)
The priority listing of current hangar tenants established at the last Airport Commission meeting is as
follows:
J. Joe Dooley
2. Bernie Knutson
3. Triple D Aviation
4. M'Cloud Aviation
5. Cliff Kieper
6. Tom Parker
7. Tim Miller
8. Kathy Bishman
9. James Mona
10. Henry Reiner
11. Tri.Pacer Flying Club (I)
12. Skyview Dairy (Luthens)
13. Charles Brill
14. George Lhotka
15. Dick Freeman
16. Todd Walters
17. Boy Scout Explorers Flying Club
18. Jeffrey Lux
19. Robert Hantge
20. Brent Reiner
2 J. Craig Reiner
Waiting list:
I. Jay Heil
2. Karl Heisel
3. Tim Huiras
4. Julie Neubarth
5. Randy Bryant
6. Donald Abner
7. Tri-Pacer Flying Club (II)
8. Tim Cox
9. Skyview Dairy
07/01/83
07/01/84
07/01/85
07/01/86
12/01/86
07/01/87
07/01/89
07/01/91
10/01/93
07/01/95
07/01/99
07/01/00
07/01/01
07/01/02
09/01/03
07/01/04
02/01/05
05/01/05
10/01/05
05/01/06
10/01/06
02/01/07
02/02/07
02/04/07(passed over once)
02/05/07
02/06/07(passed over once)
02/07/07(passed over once)
02/08/07
02/09/07
02/1 0/07
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+HUTCHINSON AIRPORT COMMISSION
February] 5,2007
5:30 p.m.
Airport ArrivaVDeparture Building
Minutes
Members present:
Chuck Brill, Dick Freeman, Joel Schwarze
Members absent:
Dave Skaar, Doug McGraw
Others Present:
Mayor Steve Cook, City of Hutchinson; John Olson, Public Works Manager, City of
Hutchinson; Tom Parker, Hutchinson Aviation; Julie Neubauer; Joe Dooley; Brent
Reiner; Jay Heil; Shane Luthens; Daryl Luthens - Hangar tenants
Meeting called to order at 5:35 p.m. There was a quorum of members present.
L Approve Minutes of December 21, 2006 and January 18,2007 meetin!!s
Motion made by Freeman, second by Schwarze to approve minutes. Unanimous approval.
:b. Review Priority order for Han!!ar Tenants
1) Review attached memorandum for potential corrections.
a. There was a significant amount of discussion by many present related to placement of
Skyview Dairy at position number 12 on the January 18 meeting. Brent Reiner questioned
whether Skyview had had a valid lease relationship with the City for the amount of time
indicated by their placement on the tenant priority list.
b. After a significant amount of discussion by several present, the decision was made by the
Commission to request documentation ITom Skyview (Daryl, Shane andlor Brandon,
included) of lease documents, payment documents or other items indicating the length of their
tenancy. City staff was also directed to see if any other documentation Was available ITom the
City to help determine the length ofSkyview's tenancy.
c. The Airport Commission will review any documents available at the March 15 meeting and
make a final determination relative to Skyview's placement on the hangar tenant priority list.
~ Review Hanl!sr Assirmments noon ComDletioD of "onear #4
1) Review assignments for potential corrections. The map included with the agenda will be used for
hangar assignments when Hangar #4 becomes available for occupancy.
2) There may be changes to available hangar space, pending the results of the review of Skyview at the
March 15 meeting.
3) Olson indicated the potential for receiving a temporary certificate of occupancy in the very near future.
Airport Commission
Minutes
February 15,2007
Page 2
(P(CA) I
. ~ ODe rational Issues
I) Amateur Radio Club requests use of conference room for testing from approximately 10:00 a.m. to
noon on February 24, 2007. There are no known conflicts for use of the conference room.
2) Amateur Radio Club is proposing an emergency communications exercise at the airport on June 23 and
24,2007. Amateur Radio Club personnel have spoken with the Civil Air Patrol and Hutchinson
Aviation and there are no known conflicts with that date.
!h Other Dis<:ussion.
I) When Hangar #4 becomes available, the keys will be distributed by Tom Parker, Hutchinson Aviation.
Thank you, Tom, for your assistance. Your help is appreciated.
New Business
1) There was no new business.
At 6:40, a motion to adjourn was made by Schwarze, second by Freeman. Unanimous approval.
NEXT MEETING:
March 15, 2007 at 5:30 p.m. in the Airport Conference Room
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Hutchinson Housing & Redevelopment Authority
Regular Board Meeting Tuesday, January 16,2007, 7:00 AM
Minutes
1. CALL TO ORDER: Secretaryrrreasurer Becky Felling called the meeting to order. Members Present:
Joel Kraft, LaVonne Hansen, and Ruth Kimball. Staff Present: Jean Ward and Judy Flemming.
2. MINUTES OF THE HRA BOARD MEETING ON DECEMBER 19,2006
Ruth Kimball moved to approve the Minutes as written. Joel Kraft seconded and the motion carried
unanimously.
3. FINANCIAL REPORTS
a. Jean Ward told the Board that the City Center Financia1s do not include the accruals. Joel Kraft
moved to approve the City Center Financials. Ruth Kimball seconded and the motion carried
unanimously.
b. Joel Kraft moved to approve the Park Towers Financia1s. Ruth Kimball seconded and the motion
carried unanimously.
4. RESOLUTION #07-1
a. LaVonne Hansen moved to approve Resolution #07-01, Authorizing Mileage Reimbursement
According to IRS Set 2007 Rates. Joel Kraft seconded and the motion carried unanimously.
5. PARK TOWERS
a. Jean Ward informed the Board that the Cingular Lease was executed. She did receive a Certificate
of Insurance. Now she is just waiting for them to install the devise.
b. Jean Ward reviewed with the Board the Memorandum listing the results and actions of the January
4th HOD inspection. She will be collecting more information on the need and use of the pull cords
in the apartments.
c. Jean Ward reviewed with the Board the 2007 Operating subsidy, first quarter 76.4% eligibility.
d. Jean Ward reviewed with the Board the quote for a resident activities office computer. LaVonne
Hansen moved to approve the quote for the resident activities office computer. Joel Kraft seconded
and the motion carried unanimously.
6. CASA WORKFORCE HOUSING INITlA TIVE UPDATE
a. Jean Ward reviewed with the Board the press release and flowcharts for the program.
b. The Board discussed the Housing Inspection Fee for Pre-application for the CASA Rehab Program.
One idea was to suggest to the applicant to submit a purchase agreement contingent to the home
being eligible for the CASA Rehab Program. Joel Kraft moved to approve the Housing Inspection
Fee for Pre-application for the CASA Rehab Program. Ruth Kimball seconded and the motion
carried unanimously.
7. UPDATE ON REHAB APPLICATION TO DEED
Jean Ward reviewed with the Board the draft PowerPoint presentation for the public hearing meeting at
the January 23rd City Council Meeting.
8. UPDATE ON THE SCHOOL CONSTRUCTION HOUSE
Jean Ward informed with the Board that there were two possible parties that were interested in
purchasing the school house already. The purchase price will be set once the Building Better
Neighborhoods purchase price limits are set by GMHF which will be hopefully at the end of this
January 16,2007 Minutes
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Page 1 of2
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month. Once the purchase price is set, the Board decided to advertise the home for sale in the local
paper for everyone to see and have a chance to put in an offer.
9. UPDATE ON HOUSE CLEAN-UP EMERGENCY LOAN
a. Judy Flemming reviewed with the Board the fIrst House Clean-up Emergency Loan.
b. Jean Ward reviewed with the Board the proposed subordination policies. LaVonne Hansen moved
to approve the subordination policies. Ruth Kimball seconded and the motion carried unanimously.
10. CONSIDERATION OF REVISED HRA FEE SCHEDULE
Ruth Kimball moved to approve the revised HRA fee schedule. Joel Kraft seconded and the motion
carried unanimously.
11. COMMUNICATIONS
a. Jean reviewed the Minnesota Nahro 2007 Legislative Agenda with the Board.
b. Petition by Nahro to limit operating subsidy losses to 5% for PHA's with fewer than 250 units
c. Nahro publication-"Paying the Price: The Costs of Cutting Public Housing Funding"
d. Salon FulfIlls Owners Dream
12. ADJOURNMENT
Joel Kraft moved to adjourn. Ruth Kimball seconded. There being no other business,
Secretaryrrreasurer Becky Felling declared the meeting adjourned.
Recorded by Jean Ward, HRA Executive Director
j~f:;~s"reillryrrre"~~
January 16,2007 Minutes
Page 2 of2
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Hutchinson Housing & Redevelopment Authority
Regular Board Meeting Tuesday, February 20, 2007,7:00 AM
Minutes
1. CALL TO ORDER: Chairman Casey Stotts called the meeting to order. Members Present: Joel Kraft,
and Ruth Kimball. Staff Present: Jean Ward and Judy Flemming.
2. MINUTES OF THE HRA BOARD MEETING ON JANUARY 16,2007
Joel Kraft moved to approve the Minutes as written. Ruth Kimball seconded and the motion carried
unanimously.
3. MONTHLY FINANCIAL REPORTS AND 2006 YEAR END PRE-AUDIT
Joel Kraft moved to approve the Monthly Financia1s Reports and 2006 Year End Pre-Audit. Ruth
Kimball seconded and the motion carried unanimously.
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4. PARK TOWERS
a. Jean Ward reviewed the Board the Public Housing Management Assessment. Ruth Kimball moved
to approve Resolution #07-02 Board Resolution Approving Public Housing Assessment System
(pHAS) Management Operations Certification. Joel Kraft seconded and the motion carried
unanimously.
b. Joel Kraft moved to approve Resolution #07-03 Resolution for Deletion of a Computer Purchased
7/20/99 and a Computer Purchased 4/17/2001. Ruth Kimball seconded and the motion carried
unanimously.
c. Jean Ward reviewed with the Board a memorandum in regards to the pull cord survey and
recommendation. Joel Kraft moved to approve the recommendation of removing the obsolete pull
cord system and replace it with the Guardian 911 system for Allina Home Oxygen & Medical
Equipment. Ruth Kimball seconded and the motion carried unanimously.
d. Jean Ward reviewed with the Board the proposals for the renewal of the commercial property
insurance. Joel Kraft moved to approve the proposal from Housing Authority Insurance. Ruth
Kimball seconded and the motion carried unanimously.
e. Jean Ward reviewed with the Board the HUD Proposed FY 2008 Budget.
5. UPDATE ON THE SCHOOL CONSTRUCTION HOUSE
a. Judy Flemming reviewed with the Board the flooring bids for the School Construction House. Joel
Kraft moved to approve the flooring bid from Multiple Concepts Interiors. Ruth Kimball seconded
and the motion carried unanimously.
b. The Board reviewed the Marketing AdJF1yer
6. HHPOP UPDATE
a. Joel Kraft moved to approve HHPOP Loan #8826 for Rolling Meadows East contingent to the Loan
Review committee's Approval. Ruth Kimball seconded and the motion carried unanimously.
7. YEAR END REPORT
Jean Ward reviewed with the Board the HRA Year End Report.
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8. COMMUNICATIONS
None
February 20, 2007 Minutes
Page 1 of2
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9. ADJOURNMENT
Ruth Kimball moved to adjourn. Joel Kraft seconded. There being no other business, Chairman Casey
Stotts declared the meeting adjourned.
Recorded by Jean Ward, HRA Executive Director
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Beck elling, Secretaryrrreasurer
February 20, 2007 Minutes
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MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, February 20, 2007
Hutchinson City Council Chambers
1.
CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman Dean Kirchoff at 5:30 p.m. with
the following members present: Christie Rock, John Lofdahl, Jim Haugen,
Lynn Otteson (6:40), Mike Flaata, Farid Currimbhoy and Chairman Kirchoff.
Absent: None Also present: Rebecca Bowers, Planning Director, Kent Exner,
City Engineer, Marc Sebora, City Attomey and Bonnie Baumetz, Planning
Coordinator
2. OATH OF OFFICE AND INTRODUCTION OF NEW PLANNING
COMMISSIONER CHRISTIE ROCK
3. APPROVAL OF MINUTES
a) Consideration of Minutes dated January 16, 2007
.
Mr. Lofdahl moved to approve the minutes of January 16, 2007 as
submitted. Seconded by Mr. Haugen. The minutes were approved
unanimously.
4. PUBLIC HEARINGS
a) CONSIDERATION OF A 5 LOT PRELIMINARY PLAT TO BE KNOWN
AS EXCELSIOR ADDITION AND A VARIANCE TO REDUCE LOT
DEPTH ON TWO LOTS LOCATED EAST OF ROTARY PARK
SUBMITTED BY JEFF MUNSELL
Chairman Kirchoff opened the hearing at 5:42 p.m. with the reading of
publication #7547 as publiShed in the Hutchinson Leader on Thursday,
February 8, 2007.
Ms. Bowers commented on the 5 lot preliminary plat and explained the
location and the street change. She explained these will be single family
lots and meet area and setback requirements. She reported two lots will
require a variance for the 90' lot depth. She stated these will be
manufactured homes with attached garages and full foundations. The
utility site plan shows the building location for each lot. She explained the
street name will be changed to Alaska Court as requested by emergency
services personnel. She stated the homes will meet all required setbacks.
Staff recommendations were as follows:
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0(0..) 3
Minutes
Planning Commission - February 20, 2007
Page 2
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1. The preliminary plat and plans shall be revised to comply with the
required revisions and comments listed in the City Engineer's
memorandum dated February 12, 2007. Final plan approval is
subject to City Engineer's approval.
2. A variance is warranted for lot depth between Block 1, lots 1 & 2
and 4 &5 based upon the hardship of the unique characteristics of
the property and infill site. The property could be platted with 5
iots to meet lot size and setback requirements, however could not
meet the lot depth requirement for the two center lots because of
the shape of the infill parcel. The variance would allow for the
public road and cul-de-sac diameter to meet city standards.
3. Construction on the lots must meet the setback and coverage
requirements of the R-2 zoning district.
4. The location of garages and driveways shall be coordinated to
align garages and driveways to minimize utility conflicts and
maximize green space. Lots 1 & 2 and 4 & 5 shall have their
driveways aligned to the side of the lot along the shared lot line.
.
5. A subdivision agreement will be required prior to approval of the
final plat. Fees shall be paid in accordance with this agreement.
Escrow for the cost of two trees per lot (10 trees) shall be paid
prior to signing the final plat.
6. A stop sign will be required at California and Alaska Court and will
be included as a requirement in the subdivision agreement.
7. The applicant will coordinate with adjacent property owners and
the project surveyor regarding identification of the property lines
and any necessary relocation of accessory buildings that
encroach onto the subject property.
Ms. Bowers commented on the trail relocation. The City trail encroaches
onto the applicant's property. She also commented on the hardship for
the variance stating the site is an infill with surrounding platted lots.
Staff recommends approval with City Engineer's recommendations.
Ms. Bowers stated the public cul-de-sac meets city guidelines.
Discussion followed on the 5' driveway setback.
Marty Campion, Otto Assoc., stated the property owners concur with staff
recommendations.
.
Mr. Lofdahl made a motion to close the hearing. Seconded by Mr.
Currimbhoy. The hearing closed at 5:50 p.m. Mr. Haugen made a motion
to recommend approval of the preliminary plat and variance with the
hardship of the property being an infill lot with staff recommendations.
Seconded by Mr. Lofdahl, the motion carried unanimously. Ms. Baumetz
&((J)~
Minutes
Planning Commission - February 20, 2007
Page 3
.
stated this item will be placed on the City Council consent agenda at
their meeting held February 27, 2007, in the Council Chambers at 5:30
p.m.
b) CONSIDERATION OF A REQUEST TO REZONE PROPERTY FROM R2
TO C5 LOCATED AT 267 - 4TH AVE NW. FOR CHANGE OF USE
FROM CHURCH TO PROFESSIONAL OFFICE BUILDING
Chairman Kirchoff opened the hearing at 5:51 p.m. with the reading of
publication #7548 as published in the Hutchinson Leader on Thursday,
February 8, 2007.
.
Ms. Bowers explained the rezoning request and the present church use of
the property. She stated the property is in an R2 District presently and
must be rezoned for the proposed office building use. She explained the
zoning in the area is a mixture of zoning districts and C5 (Conditional
Commercial) is abutting this property. She reported the area along Hwy 7
is in transition. There is commercial to the south of this property. Ms.
Bowers stated there are no permitted uses in the C5 district and that any
use will need a conditional use permit. She explained the Planning
Commission should consider the Comprehensive Plan and what it
projects for zoning. The Comprehensive Plan shows this as
recommended for residential development. She reported Staff looked at
the surrounding uses and the unique area as commercial. This use is
consistent with the C5 uses. Staff recommendations and approval as
follows:
1.
The rezoning would be consistent with the intent of the
Comprehensive Plan and Zoning Ordinance, due to its
location on Highway 7, adjacent C-5 zoning, surrounding
commercial guiding and the transitional nature of the area.
Buffering with coniferous trees and/or shrubbery is
required between the commercial and residential zone to
the north. A landscaping plan is required and must be
approved by the City Forester and Planning Director.
The rezoning will expire within one year from the date of
approval if the use does not change from the church to a
business office.
Review and approval of a conditional use permit is
required prior to the change in use, as required by the
Zoning Ordinance. Additional conditions may be required
in order to satisfy the specific conditional use permit
standards during the review of the conditional use permit
application.
2.
3.
4.
.
Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Flaata,
the hearing closed at 5:58 p.m. Mr. Lofdahl made a motion to recommend
approval of the request with staff recommendations. Seconded by Mr.
Currimbhoy, the motion carried unanimously. Ms. Baumetz stated this
item will be placed on the City Council consent agenda at their meeting
held February 27,2007, in the Council Chambers at 5:30 p.m.
(p{(}.) 5
Minutes
Planning Commission - February 20, 2007
Page 4
.
c) CONSIDERATION OF A CONDITIONAL USE PERMIT AND SITE PLAN
TO CONSTRUCT A DRIVE UP BANK FACILITY LOCATED IN THE IIC
DISTRICT AT 745 HWY 7 W SUBMITTED BY HOME STATE BANK
Chairman Kirchoff opened the hearing at 5:59 p.m. with the reading of
publication #7549 as published in the Hutchinson Leader on Thursday,
February 8, 2007.
Ms. Bowers commented on the request located in the IIC (Industrial
Commercial) district. She explained all uses in this district require a
conditional use permit. She stated the site plan and conditional use permit
include a new bank facility and a new parking lot with drive thru lanes.
She commented on the future expansion area. She commented on the
building to be constructed and the site plan. Ms. Bowers stated the
request meets all requirements and exceeds the setback requirements
and traffic flow requirements. The landscape plan exceeds the required
number of plantings. There will be both a monument sign and pole type
sign on the property. Sign age requires permits. The proposed signage
meets the City sign ordinance requirements. The applicant must follow
the City Engineer's requirements and the following staff
recommendations:
1.
. 2.
3.
4.
5.
The proposed use would meet the standards for granting a
conditional use permit.
The proposed addition and site improvements would comply with
the standards of the IIC district.
Sign permits are required prior to installation of the signage.
The future building and parking expansion areas will require site
plan approval in accordance with the Zoning Ordinance standards
in place at the time of planned expansion.
Plans shall be revised to meet the preliminary plan review
comments included in the City Engineer's Memorandum dated
February 12, 2007. Final plans require approval of the City
Engineer prior to construction.
6. Park Dedication fee of $860 will be due at the time of building
permit.
7. SACIWAC fee in the amount of $5,900 (2 units x $2,950) will be
due at the time of building permit.
8. As with all businesses on the Highway 7 corridor; a reminder that
access during the reconstruction of the highway will be
challenging.
Discussion followed of the proposed access for the businesses to the
west. The westerly properties have access from Hwy 7.
Nancy Dwinell, property owner to the west, questioned the service road
recommended by MNDOT previously. Mr. Exner commented on the
consideration of a service road in front of the businesses to the west. He
stated MNDOT's final design does not include a service road. There will
be shared accesses along Hwy 7 W. He explained MNDOT left each
.
h((A)3
Minutes
Planning Commission - February 20, 2007
Page 5
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property access rights to all properties. Mr. Exner stated no service road
will be constructed in the future.
Mr. Haugen made a motion to close the hearing. Seconded by Mr.
Lofdahl, the hearing closed at 6:08 p.m. Mr. Currimbhoy made a motion
to recommend approval of the request with staff recommendations.
Seconded by Ms. Rock, the motion carried unanimously. Ms. Baumetz
stated this item will be placed on the City Council consent agenda at their
meeting held February 27, 2007, in the Council Chambers at 5:30 p.m.
d) CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW A
USED AUTOMOBILE BUSINESS TEMPORARILY IN THE GATEWAY
DISTRICT LOCATED AT 16919 HWY 7 EAST SUBMITTED BY JAMIE
EMANS, EMANS AUTO SALES
Chairman Kirchoff opened the hearing at 6:09 p.m. with the reading of
publication #7550 as published in the Hutchinson Leader on Thursday,
February 8, 2007.
.
Ms. Bowers explained the request and the location. She explained the
request is related to the construction on Hwy 7 West this year. The
temporary use will take place from April 15, 2007 - October 15, 2007.
She presented the applicant's drawing showing the office, lot space, and
restroom space. She stated this is an unusual request and
recommendations should include that this is the only temporary use
allowed on this property. Staff recommendations and approval are as
follows:
1. An adequate gravel base shall be placed on site to support the
trailer, portable toilet, and vehicles.
2. The conditional use permit is temporary and will expire October
15,2007.
3. Electric service to the site must be properly abandoned by
November 1, 2007.
4. This is a one time temporary use specifically related to Highway 7
construction. No other temporary uses will be allowed on this
property in the future due to the requirements the Gateway District
and concerns over the appearance of temporary uses.
Discussion followed on the October 15111 date being long enough. Mr.
Exner stated this site is in the construction portion of Hwy 7. The
construction this year is very utility intensive. Discussion followed on the
construction season. There was also discussion regarding the lighting
and security on the property.
.
Jamie Emans, Emans Auto Sales, stated the lighting will look good. He
stated there will possibly be one light by the office. He stated the minute
the road is done he will be moving back to his location. He explained that
October 1 ,1 is the target date to move back. He commented on the sign
which will be placed on the site.
0(a)3
Minutes
Planning Commission - February 20, 2007
Page 6
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Mr. Haugen made a motion to dose the hearing. Seconded by Mr.
Currimbhoy, the hearing closed at 6:18 p.m. Mr. Flaata made a motion to
recommend approval of the request with staff recommendations noting a
sign permit is required prior to placement. Seconded by Mr. Haugen, the
motion carried unanimously. Ms. Baumetz stated this item will be placed
on the City Council consent agenda at their meeting held February 27,
2007, in the Council Chambers at 5:30 p.m.
e) CONSIDERATION OF A CONDITIONAL USE PERMIT TO AMEND THE
PLANNED DEVELOPMENT DISTRICT TO ALLOW FOR A REDUCTION
IN LOT WIDTH AND LOT AREA FOR CONSTRUCTION OF lWlN
HOME LOCATED AT 560/564 HILLTOP DRIVE N.E. SUBMITTED BY
CROW RIVER HABITAT FOR HUMANITY
Chairman Kirchoff opened the hearing at 6:19 p.m. with the reading of
publication #7551 as published in the Hutchinson Leader on Thursday,
February 8, 2007.
.
Mr. Lofdahl stated he will abstain from the discussion and voting. Ms.
Bowers commented on the request and the location. She stated the lots
have been previously split. She explained the conditional use permit
request is an extension of the planned development district that was
approved previously but has since expired. She commented on the
request to allow a 66 foot lot width and reduce the lot area for one lot
which is short of the 5,000 sq. ft. requirement. Staff approved with
conditions as follows:
1. Each unit must have separate water and sewer service.
2. Parkland dedication is $135.00 per unit and SACfWAC is $2,950
per unit to be collected at the time of building permit.
3. Garages must be 400 square feet or larger.
4. Specific consideration for proper drainage between the units is
essential. The property owner will be required to complete
appropriate drainage for the site prior to final landscaping and
sodding.
Discussion followed on the boulevard tree ordinance. There was
discussion of the property being platted before the tree escrow was in
place.
Steve Bailey, Chairman of Habitat for Humanity Board, stated they will
provide the trees if not provided by the city.
.
James Tepley, 554 Hilltop Dr., questioned the meaning of the conditional
use permit. Ms. Bowers explained the conditional use permit is an
amendment to the planned development district. Mr. Tepley asked if
this means they can come closer to his lot. He stated the homes they
have constructed are too dense for the drainage. He explained this lot is
6' above his house and the drainage will come on his property. Ms.
Bowers stated the elevations and drainage will be reviewed when the
building permit is reviewed. She explained property owners can't alter the
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Minutes
Planning Commission - February 20, 2007
Page 7
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water runoff. Atty. Sebora concurred that the drainage can not be altered.
Mr. Exner explained the drainage is reviewed for all homes. He stated
they may have to look at tiles and swales to alleviate drainage problems.
He explained he doesn't want to see drainage problems either.
Mr. Lofdahl, General Contractor for Habitat, stated there will be a
retaining wall on the property. The need for the wall will be determined
when plans are complete. He explained the surveyor will set the top of
foundation grade. He commented on the roof run-off which will drain to
the north and south. The rear side of house drains to the south. Mr.
Lofdahl stated the drainage concem is the front Y. of the roof. He stated
gutters and drain tiles will be installed on the lot. He reported Habitat will
accept the recommendations and requirements of the city. Mr. Tepley
again commented on his concerns with the runoff onto his property.
Ms. Bowers commented on the review of the building plans. There was
discussion of the ground elevation in the area. There is a retaining wall
between lot 6 and 5. Retaining walls should be sufficient to hold water.
Mr. Tepley stated he does not want a retaining wall for safety of his
family. Ms. Bowers recommended a meeting with Mr. Tepley on-site with
the City Engineer to work with him along with the Contractor. Ms. Bowers
stated the original PDD was approved at 6'. Discussion followed to table
this request to next month until the staff has met on-site.
.
There was further discussion on the attempt by Habitat to work with the
neighbors. Mr. Lofdahl stated the ordinance states no drainage can go
on another lot. Mr. Tepley will work with the staff. Ms. Bowers stated an
extension of the conditional use permit must be signed by the applicant.
Mr. Flaata made a motion to table the request to next month. Seconded
by Mr. Currimbhoy, the item is tabled to next month.
f) CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW A
SIGN SHOP TO BE LOCATED IN THE C5 DISTRICT LOCATED AT 225
3RD AVE. NW. SUBMITTED BY DAVE WEGSCHIED
Chairman Kirchoff opened the hearing at 6:45 p.m. with the reading of
publication #7452 as published in the Hutchinson Leader on Thursday,
February 8, 2007.
Ms. Bowers commented on the request for a conditional use permit in the
C5 district. She explained the area of the building to be used by the sign
shop. She stated the request meets the standard of the ordinance. Staff
approves with the following recommendations:
.
1. The proposed use would meet the standards for granting a conditional
use permit.
2. The proposed use would be in an existing building and would comply
with the standards of the C-5 district.
ufo.) ?>
Minutes
Planning Commission - February 20, 2007
Page 8
.
3. Outside storage of materials or signs is not permitted. All materials
must be contained within the building. Parking of company vehicles
on the site is allowed.
Mr. Haugen made a motion to close the hearing. Seconded by Ms.
Otteson, the hearing closed at 6:48 p.m. Ms. Otteson made a motion to
recommend approval of the request with staff recommendations.
Seconded by Mr. Haugen, the motion carried unanimously. Ms.
Baumetz stated this item will be placed on the City Council consent
agenda at their meeting held February 27,2007, in the Council Chambers
at 5:30 p.m
g) CONSIDERATION OF ORDINANCE AMENDMENT SPECIFYING
ACCESSORY BUILDING REQUIREMENTS TO PROHIBIT DETACHED
GARAGES AND SECONDARY ACCESS DRIVES ON DOUBLE
FRONTAGE LOTS
Chairman Kirchoff reopened the hearing at 6:49 p.m.
.
Ms. Bower commented on the ordinance originally proposed. She
explained staff was directed by the Planning Commission to retum with
another ordinance to allow detached garages on thru lots, changing the
rear set back to 25'. She commented on Version 2 with the access issue
of direct access through the rear yard not being permitted. Version 2
added the 25' rear setback on the thru lots.
Ms. Bowers explained Version 3 clarified the types of streets the garages
could not access onto. She explained there is also a Version 3.1 which
would state no access on any collector or arterial roadways.
Ms. Bowers explained the Transportation Classification map would guide
the areas the accesses would be allowed.
Discussion followed on only aliowing one driveway to get away from the
second access onto properties.
Discussion followed on Underwood Ave. and the present driveways which
have been conditioned that there may not be access in the future. There
was further discussion on the older parts of the city and replacement of
garages in those areas. It was noted Lynn Road rear accesses can not
meet the access and setback requirement proposed. Atty. Sebora
explained that the law has changed and a nonconforming buildings may
be replaced if destroyed. The building may not be enlarged.
.
Discussion followed on the initial request. New subdivisions were the
target. Ms. Bowers explained if there is nothing in the ordinance it is
difficult to enforce. Discussion followed on identifying the areas by dates.
Atty. Sebora again commented on the 2004 nonconformity law. There
was discussion on Version 3 issues on Lynn Rd and Roberts Rd. Ms.
Bowers would suggest properties platted before 1988 could be exempted.
(P(rA)3
Minutes
Planning Commission - February 20, 2007
Page 9
.
Discussion followed regarding addressing comer lots and adding rear or
side yards.
Ms. Otteson made a motion to close the hearing. Seconded by Ms. Rock,
the hearing closed at 7:19 p.m. Mr. Currimbhoy made a motion to
recommend approval of Version 3.1 with the changes discussed.
Seconded by Ms. Otteson, the motion carried unanimously. Ms. Bowers
stated this item will be placed on the City Council regular agenda at their
meeting held February 27, 2007, in the Council Chambers at 5:30 p.m.
h) CONSIDERATION OF A LOT SPLIT AND VARIANCE SUBMITTED BY
THE CITY OF HUTCHINSON FOR CONSTRUCTION OF A TUNNEL
AND TRAIL LOCATED ON THE HISTORICAL SOCIETY PROPERTY
Chairman Kirchoff opened the hearing at 7:21 p.m. with the reading of
publication #7554 as published in the Hutchinson Leader on Thursday,
February 8, 2007.
.
Ms. Bowers explained this request is related to the proposed tunnel
under Hwy 7 West. She stated the City was not able to obtain a
perpetual easement with the Museum. She commented on the location of
the lot split which would be the construction area of the trail. She stated
the lot split does not meet the requirements of the C4 district. She
commented on the requirements of the lot area. She explained the lot
would meet lot width but not lot depth. The average depth of the lot is
close to 40 feet and must be 180'. The hardship is to reduce impact to the
Museum property by making the lot 1 acre. She explained with property
on a State Hwy there is not as much ability for the city to use the property.
Ms. Bowers explained this is a joint application with the museum and the
City. Discussion followed on the unusual request. Atty. Sebora stated this
was a struggle for city staff. Mr. Exner commented on the trail proposed
and explained the reason for the size and outline of the lot split. He
commented on the drainage in the area. Mr. Exner stated the applicant
has had extensive conversations with the City staff. He explained if the
project were next to City right-of-way the City would obtain more right-of-
way to complete the project.
Mr. Haugen made a motion to close the hearing. Seconded by Ms.
Otteson, the hearing closed at 7:31 p.m. Mr. Lofdahl made a motion to
recommend approval of the request with the hardship of reducing the
impact to the museum and staff recommendations. Seconded by Ms.
Otteson, the motion carried unanimously. This item will be placed on the
City Council consent agenda at their meeting held February 27, 2007, in
the Council Chambers at 5:30 p.m.
4.
NEW BUSINESS
.
ELECTION OF OFFICERS Mr. Lofdahl moved to nominate Ms. Otteson for
Chairman. Seconded by Ms. Rock. Mr. Flaata moved nominations cease.
~(a) 3
,
Minutes
Planning Commission - February 20, 2007
Page 10
.
ChainTlan Kirchoff called for the vote. The motion to elect Ms. Otteson as
chairman carried unanimously.
Mr. Haugen moved to nominate Mr. Lofdahl as Vice Chairman. Seconded by
Mr. Flaata. Mr. Haugen moved nominations cease. Chairman Otteson
called for the vote. The motion to elected Mr. Lofdahl as vice chairman
carried unanimously.
Mr. Lofdahl commented on the boulevard trees for lots. He questioned if a
lot split should require trees. Ms. Bowers will review the ordinance to clarify.
Discussion followed on the tree issues and clarification of the ordinance
linked to sq. footage or the need for tighter development agreements.
5. OLD BUSINESS
6. COMMUNICATION FROM STAFF
Atty. Sebora commented on the orderly annexation agreements being
reviewed by the City and Joint Planning Staff. He state Lynn Township has
signed the City generated agreement. He distributed copies of the orderly
annexation agreements for Planning Commission input next month.
Ms. Bowers stated she will do an Annual Report presentation in March.
.
7.
ADJOURNMENT
There being no further business the meeting adjoumed at 7:50 p.m.
.
&fa),
r~---~-----l-~- ,.~
; 2007 ,
F,!;!ruarv
REVENUE REPORT. GENERAL
.'TAxES
~Llg-ENSES
iPERMITS ANDFE~ES____ . ..
IINTERGOVERNMENTAL REVENUE
I _________H____
ICHARGES FOR SERVIC_~____
tr~~~::r]RFEITS ----
~"--EIMElOBSEMENTS i -~:_
'TRANSFERS .. i I"
ISURCHARGES - BLDG PERMITS
'ToTAl. I
I
--1-
, 2007 i u___--
~ebruarv .
I:P~NSE ~~R:~~EN_ERA~ __
i 001 MAYOR&CITYC(UNCIL .
"002 CITY ADMINISTRATOR
LOO:j-ELECTIONS !
I 004 FINANCE DEPARTMENT
005 MOTOR VEHICLE
006 ASSESSING
007 LEGAL
008 PLANNING
. 009 INFORMATION SERVICES
. 110 POLICE DEPARTMENT
1115 EMERGENCY MANAGEMENT'
, 116 SAFETY COMMirrEE-
,.
1120 FIRE DEPARTMENT
130 PROTECTIVE INSPECTIONS
· 1sO:tf@N.tERING !
! 152 STREETS & ALLEYS
1160 CITY HALL BUiL61NG 1
1201PARKlRECREATION ADMINISTR'
202 Ri:CREAliQ~ 1-" ,
203 SENIOR CITIZEN CENTER
204 CIVIC ARENA n !
205 PARK DEPARTMENT
--------
206 RECREATION BUILDING & POOl
207 EVENTS CENTER
---------...----
208 EVERGREEN BUILDING
250 LIBRARY
301 CEMETERY
310 DEBT SERVICE
I 320 AIRPORT
1~~.D~AL~%11IED iENERALEJ<Pg.
.
.m 20~C11Y6F ~~J~HINSONF~~~CiAl. REPO:~- - - --2~~r--::~rua~;
February February I YEAR TO ADOPTED BALANCE PERCENT AGE'
YTD MONTH ! DATE ACTUAL BUDGET REMAINING' USED I
3.800.665,00 3.800,665.00,
32,07900 ~2.3}4.00 <I8,.40()00 n_ 16,.066.00
8,70.1!l:4 18.577.34 320.700,00302,122,66,
_13,117.50._ __. S)1168} !2.J~.45J.()()~2,758,634~13
77,239.92~_J77,667.54 1,690,312.00 _1,512,644.48
4,808.43 _____ 4,808.43 _~~llo.o.oo._ 63,191.57
2.887,01 _ 3,106,58 70,00.0.00 . 66.893.42
28,930.27 70,629.18 290,116.00 219.466~
3.966,75 6,116.70 _1,673,_1()0.Q0 1,666,983.30
267.28 592.88 500.00 _ (92.88)
_. _ _ _1~~9~00~ 319.649.52 10,726.2~ooi 1.0,406.594.48
I ! , _ ___ __n . _____
: CITY OF HUTCHINSON FINANCIAL REPORT .
;;:::~ · ,~=::! .. ;;::::;1 · ~::::l~j-,{:llll:- ;H~I
4.17 3.78: 4.17, 2,375,00 I 2,370.83 .0.18%1
72,590.1534,833.27; 72,590.15 584,932.00 1 512.341.85! 12.41%
31.278,78, 16.204.86. 31.278,78 201.825,00 i 170,546.22! 15.50%,
51,840.00 51.840,00 : 0.00'1,:
16.049.51 26,877.64 201,734.00 174,856.36 ' 13.32%1
13.650.46' 26,025.99 178,910.00 152,884,01 14,55%1
19,427.54' 36,815.89 260,503.00 221,667,11 I 14,90%,
_211,811 ,86 416,433,5J _ 2:919,593.00 2.503,159.43 14.26%
. ___95~28 __~j~~~_- - }~:m~ '1~:Ws;~~ ~~~:7,i
_23,506.42 50,734.97 434,510.oo383,775,0111.68%~
. _15,925,69 __31,!l80.95__ _ 2~,~59~002.35,478.05 11.92% i
_38,728.50 78,648.~ 607,21800 528,369.53 12,99%,
1~tl~~:~1 2~~:~~.~~ 1.~~~:~~ ~1'~~:~~:kJ1m~j
J~:~~~~L .~~:0~:6~1 ~~~:~~6~ 1;aii~L 1~~~~1
5.801.30: 13,888.101 59,397.00 45.508.90 23.38%1
35.559.20! 77.652.111 299.265.00 22,1,.812.89 25.95% i
m __57,10Q37' 105.901.171 831.579.00 725,677.83 12.73%;
13.750,26: 29,837.68 134,450.00 104,612.32 22.19%:
19,160.60: 41,772.67, 234,410.00 192,637.33 17.82%'
nn-56686", - -2,0421'21--. n16,OOO~00-n-13,957.88 1:276%'
- ,
__.3,!j8L94: .. 7.172.7Ell .17~.6_34oo__~a....46L2-" . 408'/~,
8.186.15' 15,780.111 142.760.00 126,979.89 11.05%!
. n . .-- T 25,00000 n n 25,000.000,00'10;
1 ~:6~66i. . -~~:~~~~~I- ~~~:~g6~ 6~H~B~, . .1m~
752,592.64 1,508,216.14[10.726;24400 9,218.02788 L. .j(06oj,J
39.531.25
44.212,18 . .
34.501.15 '
168.31947 t-
3,740,60 ~
(10.17619)1
19.63611 !
8,294.00 ,
1,755.15 '
309,813.72
26.877.64
26,02599 :
36,815,89 i
416,4~~57n
2,015.00 :
4,520.00
50)3497 '
n ~,880.95 __
. n 18,84ElAL
214.222.87
20,842.66
30.582.13
31.057.09
13,888.10
77.852.11
105,901.17
29.837.68
. _4!..772,67__
2.042.12
J,172.76
15,780.11
17.443.80
55,565.93
1.508,218.14
0,00%'
66.61%'
5.79%.
0.21%
1051%'
. ,
7.07%
------4~44%1
24~35%1
0.37%
,
298%1
I
&(a) t-f
n_._ --------1 CITY'6F-HUTCHINSONFINANCIALREPORT ----- _.___n ---.-
2006! n - 2007 --2ooi 2007, u-2007
ACTUAl 1 February YEAR TO ADOPTED: n_JlALANCE.
Year to Date MONTH DATE ACTUAl BUDGET REMAINING
nn I
0.00 0.00 0,00 3,800,665.00 I .3.800,665.00.
39,531.25 32,079.00 32.334,00 48,400.00 i u_ .1.13,Q66.00
44,212.18 8,701.84 18,577.34 320,700.00 , 302,122,66
34,501.15 13,117.50 5,816.87 2,764,451.00, 2.758,634.13!
168.319.47 77.239.92 177,667.54 1,690,312.00 1,512,644.46'
3,740.50 4.808.43, 4,808.43 68,000.00 63,191,57
(10,176.19) 2.887.01 3,106.58 70,000.00 66,893.42
19.636.11 28.930.27 70,629.18 290,116.00 219,486,82
8,294.00 3.966.75' 6,116.70. 1,673,100.00, 1,666,983,30,
1.755,15 )6t28'n 592.88 500.00 19.2.88);
_ _ .3.os.813.7~ 171,998.00i 319,649.52 10,726,244,00, 1.0"406.,594.48 1_
-~-------- 1 ..- j_n_ - 1
r ;'bru~~5--'. ----r-----
REVENUE REPORT - GENERAL
. ;';E~
-------
LICENSES
-- -------------
PERMITS AND FEES
INTERGOVERNMENTAL REVENUE
1~1~~1E~t~F~~~RVICES
. INTEREST
I REIMBURSEMENTS
i TRANSFERS
iSURCHARGES - BLDG PERMITS
iTOTAL . -
I
r--- 2007
I February . . _ _ _
EXPENSE REPORT - GENERAL
SUMMARIZED
I
General Gov!.
Public Safety
[Streets &Alleys
Parks & Recreation
; MiScellanea-us
I JTOTAL
I
,
~-
,-
.
1----
2006
February
YTD'
- --------1----
2007 2007 2007
February. YEAR T()_ __ ADOPTED
MONTH DATE ACTUAL BUDGET
280,884,64;
505,584.49 !
. .. I
293.071.341
355.685.94,
73.009.73 i
1.508,216.14 ,
140,477.82
252,197.25
173.153.90
168,571.89
18,191.78
752.592.84
280.884.64 .
505,584.49 .
293,071.34 '
,
355,685.94 ,
73,009.73
1,508,216,14
. 2"038.958.00
3.660.837.00
1,875.460.00
2,304,022.00
846,967.00
10,726.244.00
--+--
I
EI~CENTA.GE I
USEDI
0.00%
66.81%
5.79%
0.21%
10.51%
7,07%
4.44%
24.35%;
0.37%
0.00%
2,98%
. . __ _2007 __Fe..b.rtJ~ry
BALANCE PERCENTAGE
REMAINING USED
-- [
Tr58 ,093.361377% I
3, 155,25~51 ,_ 13.81%1
1,582,388.68 , 15.63%:
1.948,336.06 15.44%:
773,957.27 8.62%
9,218,027.86 ' 14.06%!
{o(o)L{
CITY OF HUTCHINSON
CERTIFICATES OF DEPOSIT
. 21-Mar-07 February 28, 2007
Date Date
Interest Of Of
Institution Description Rate Purchase Maturity Amount
US BANK FHLB 4.10% 11/3/2004 11/19/2008 375,000.00
Smith Barney FHLMC med 4.00% 7/30/2004 7/27/2012 300,000.00
step up
Smith Barney FHLB C 4.50% 1/7/2004 7/30/2009 300,000.00
Smith Barney FHLB C 4.500% 4/28/2005 10/28/2008 750,000.00
Smith Barney FHLB C 5.010% 4/26/2005 4/26/2010 270,000.00
Smith Barney FHLM -C 4.650% 11/21/2001 5/2112007 300,375.00
Smith Barney FHLM -C 5.550% 3/1/2006 3/1/2011 500,000.00
Smith Barney Rhinland (commercU 5.374% 11/17/2006 3/1/2007 2,533,214.24
Wells Investmen' FHLN 5.279% 03/22/06 01/29/07 500,000.00
Edward Jones FNMA 5.00% 10/1212006 11123/2007 500,000.00
. Wachovia FHLB 4.00% 5/2212003 5/22/2013 300,000.00
300,000.00
Wachovia FHLB 4.00% 6/12/2003 6/1212013
Wachovia FHLB 4.000% 6/26/2003 06/26/1 3 400,000.00
Wachovia FHLB 4.000% 7/16/2003 7/16/2013 200,000.00
Wachovia FHLB step 5.375% 2114/2007 8/14/2009 625,000.00
step up
Wachovia FHMA 5.350% 03/16/06 09/14/07 200,000.00
Wachovia FHLB = step ul 5.330% 10/26/06 1 0/26/09 300,000.00
step up
First Minnesota 5.180% 02120/07 03/13/08 400,000.00
First Minnesota 4.650% 11/21/06 11/21/07 750,000.00
Home State 4.900% 12/12/06 03/12/07 500,000.00
--------~
$10,303,589.24
.
{p{ Ct)S
.
.
.
Creekside Soils
Creek..$ide~
Creekside DtpnJc Material Processing FadUty
1500 AdllllL'l Sl SE
Hutchinson, MN ~53SO-7011
3:'..0-587-6762/ Fax 320-234-5649
TO: Mayor & City Council
FROM: Doug Johnson, Creekside Site Coordinator
SUBJECT: Processing Minneapolis Spring and Summer Organics-Reese Farms
Approximately 35% ofthe total organics from Minneapolis arrive in the spring and
summer months. This organic material is comprised of bagged brush, fine grass, and
many contaminants. Since this is classified as mixed waste, we have been able to
negotiate processing this material at a permitted site 45 miles from the transfer station,
south of Hastings, at a price of $15 per ton.
Reese Farms is the same farm that accepted the waste in 2006. Creekside was very
pleased with the arrangement we had with Reese Farms and would request your approval
to enter into a contract with Reese Farms in 2007 at the same price of $15 per ton that we
paid in 2006.
Since this is the processing of "mixed waste", the bidding requirement does not apply,
however contracts over $15,000 require Council approval. Your approval is requested.
Creekside would also ask for approval, if it is financially and operationally advantageous,
to possibly negotiate with Reese Farms to accept the fall 2007 dirty product from
September 1st to December 1 st.
WC~
.
.
.
AGREEMENT
This agreement is between Riese Farms LLC, a Minnesota limited liability company
("Nick Riese") and the City of Hutchinson, a Minnesota municipal corporation ("City")
and is effective on the last date entered below.
Purpose
The purpose of this agreement is to provide disposal of non-residual yard waste products
in the possession of the City of Hutchinson from the Minneapolis contract.
Price and Terms
Beginning on or about April 15, 2007, and continuing to September I, 2007, Riese Farms
will accept unprocessed yard waste from the City's transfer site in Minneapolis at a cost
to the City of$15.00 per ton. It is understood that the yard waste from Minneapolis has
not been processed by the City or other entities and Riese Farms accepts this yard waste
"as is" and assumes all liability for non-organic and hazardous material of any type and
Riese Farms agrees to dispose of all non-organic and hazardous material in accordance
with all state and federal regulations at its own expense.
Independent Contractor
Riese Farms and the City agree that Riese Farms is working in the capacity of an
independent contractor and that Riese Farms, its affiliates, employees, contractors and
partners are not employees, agents or joint venturers of the City.
Insurance
Riese Farms states that it has in full force in effect all workers' compensation, automobile
liability, property and general liability and casualty insurance needed to fulfill this
undertaking. The limits of all liability, property and casualty insurance shall not be less
than $1 million per person/per occurrence.
Licenses
Riese Farms certifies that it has all local, state and federal operators, environmental and
pollution control licenses necessary to fulfill the objectives of this agreement and will
keep these licenses valid until this agreement expires.
Expiration
This agreement shall expire on December 31, 2007.
Lib) I
.
.
.
Riese Farms LLC
Date
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
Date
~(b)1
RESOLUTION NO. \ ~ IlP '3
.
CITY OF HUTCHINSON
RESOLUTION FOR PURCHASE
The Hutchinson City Council authorizes the purchase of the following:
ITEM COST PURPOSE DEPT. BUDGET VENDOR
Crack Seal Material $39,997 Street maintenance Street Yes Bargen Inc
~e following items were authorized due to an emergency need:
ITEM COST PURPOSE DEPT. BUDGET VENDOR
7,500 gal Biodiesel $16,391 MnDOT, County, City HATS Yes Schmeling Oil
vehicle use
.
Date Approved: March 27, 2007
.otion Made By:
Seconded By:
Resolution submitted for Council action
Kenneth B. Merrill
by: Finance Director
lo( b )'2-
MEMOR_ANDUM
DATE:
March 21 sl for the M,arch 27 t 2007 City Council meeting
TO:
Hutchinson City Council
FROM:
Hutchinson Planning Commission
SUBJECT: LOT SPLIT OF OUTLOT B,RA VENWOOD, WEST)
SUBMITTED BY BRUCE NAUSTDAL
ReQuest:
The property owner is requesting to split Oiutlot 8, Ravenwood West to re:distribute the
outlot amoi1ng the two adjacent lots to the south. The westerly parcel of OutlotB would be
ad'd,ed to Lot 9, Block 1, Ravenwoiod West Bind th,eeasterly portion of O'utlot B would be
a,dded to Lot 8. Refer to the attach.ed staff report and survey for additio,nal information.
Plannina Commissi1on Meetina::
The Planning Commission approved the requested lot split on their consent agenda at th.e
March 20] 2007) meeting, with no comment from the public.
Recommendation:
The Planning Commissio,n unanimously recommended ap'proval of the Lot Sp,lit with the
recommendations, findings and conditions as stated in attached lResolutiion..
w( (,) \
.
.
.
RESOLUTION NO. 13155
RESOLUTION APPROVING A LOT SPLIT SUBMITTED BY BRUCE NAUSTDAL
LOCATED IN RA VENWOOD WEST
Whereas, Bruce Naustdal, property owner, has requested approval of a lot split with the
following legal description:
Legal Description:
Westerly Parcel:
That part of Outlot B of Ravenwood West, according to the recorded
plat thereof, lying west of the northerly prolongation of the east line of
Lot 9, Block 1 of said Ravenwood West.
That part of Outlot B of Ravenwood West, according to the recorded
plat thereof, lying east of the northerly prolongation of the east line of
Lot 9, Block 1 of said Ravenwood West.
Easterly Parcel:
Whereas, the Planning Commission met on March 20,2007, on the request and considered the
effects of the proposal on the health, safety, and welfare of the occupants of the surrounding
lands, existing and anticipated traffic conditions, and the effect on values of properties in the
surrounding area and consistency with the Comprehensive Plan, and hereby recommends
approval of the request.
The City Council has considered the recommendation and fIndings ofthe Planning Commission
and hereby does recommend approval of the lot split, subject to the following findings and
conditions:
I. The lots resulting from the split of Outlot B must be tax-combined at McLeod County, as
follows: The westerly parcel of Outlot B must be added to Lot 9, Block 1, Ravenwood
West and the easterly portion of Outlot B must be added to Lot 8.
2. All utilities must be located within the easement. Any future relocation of services will
be at the property owner's expense.
3. No structures shall be constructed within the easement area of former Outlot B.
4. The owners of the property adjacent to the boulevard are responsible for all property
maintenance and mowing to the curb, including the right of way area.
Adopted by the City Council this 27th day of March, 2007.
ATTEST:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
CR[ty) I
DIRECTORS ,REPORT - P:LANNINGDEPART,MENT
To:
HutcbinsonPlanning Commission
From:
Braid Emans, Dolf 1\1000, Dave Hunstad., 1Vliles Seppelt, Brian Warzecba1
Jean Ward, Jo:hn Webster, Jobn Olson, Lenny Rutledge, Kyle Dim:1er, Kent
Exner, Mark, Schno1bricb, Marc SeboIa, Gary Plotz, Ken Merrill, Ji.m 'PoPP:
Dan ,Hatten, Dick Nagy, Rebecca Bo,vers 3DldBonnieBaumetz (persons in
attendcance at.Planning Staff Me.eting (in bold) :
Date:
March 9, 2007, for March 20, 2-007 Planning Commission Meeting
Subject:
Lot Split of Out.lotB,Raveu\vood West
App Ii cant:
Brnce Naustdal, property owner
LOT SPLIT
Bri.ef Description:
The property owner is requesting to split Outlot B, Ravenwood West to redistribute the outlot
am,ong the t\\lO adjacent lots to the southA The '\vesterlyparcel .ofOutlot :8 \lIQuld be ad.ded to
Lot 9, Block 1, Ravenwood West and the easterly portion ofOutlotS\vould be added to Lot 8.
Refer to th,e attache.d survey and map belo\\' for additional infonnationA
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GENERA~L lNFO.RMA TION
Existing Zoning: 1{2 ( MediuI.11 :Density Residential)
Property:Location: Outlot B, Ravenwood West
(p(6~'
.
Lot Split
Outlot B Ravenwood West
Planning Commission- March 20, 2007
Page 2
Lot Sizes:
Area of Outlot B: 6,497 square feet
Proposed: 2,227 square feet to be added to Lot 9
and 6,497 square feet to be added to lot 8.
Vacant
Existing Land Use:
Adjacent Land Use
And Zoning:
Single and two family
Comprehensive
Land Use Plan:
Mixed use residential
Zoning History:
Applicable
Regulations:
Transportation:
Ravenwood West was platted in 2003.
Section 153 City Code and City Charter
Dale Street S.W. and Bluejay Drive S.W.
Analysis and
Recommendation:
.
The applicant is requesting the lot split to eliminate Outlot B and give additional lot area to the
adjacent properties. The area contained within Outlot B is covered with a drainage and utility
easement and is not allowed to be built upon. Staff is in favor of eliminating small outlots that
no longer serve a specific purpose. In this case, the outlot was initially platted for a pond,
however a larger pond was constructed to the south, and the outlot is no longer necessary.
Initially, the applicant had requested a vacation of easements for a portion of the area in Outlot
B, however that application was withdrawn due to utility services in this area.
Due to potential concerns over maintenance of the right-of-way area to the curb, staff
recommends a condition clarifYing that the property owners are responsible for mowing and
maintenance ofthe area to the curb. Staff recommends approval of the lot split as shown on the
attached survey, with the following recommendations:
1. The lots resulting from the split of Outlot B must be tax -combined at McLeod County,
as follows: The westerly parcel of Outlot B must be added to Lot 9, Block 1,
Ravenwood West and the easterly portion of Outlot B must be added to Lot 8.
2. All utilities must be located within the easement. Any future relocation of services will
be at the property owner's expense.
3. No structures shall be constructed within the easement area offormer Outlot B.
4. The owners ofthe property adjacent to the boulevard are responsible for all property
maintenance and mowing to the curb, including the right of way area
. Ce: Bruce Naustdal, 1175 Dale St SW
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SKETCH AND DESCRIPTION FO
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DESCRIPTION FOR IrESTERl Y PARCEL
Thar port 01 Outlot B of RAVENWOOO 'NEST,
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MEMORANDUM
DATE:
March 2151 for the March 27, 2007 City Council meeting
TO:
Hutchinson City Council
FROM:
Hutchinson Planning Commission
SUBJECT:
CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT
DISTRICT FOR CONSTRUCTION OF TWIN HOME AT 560/564 HILLTOP
DRIVE N.E. SUBMITTED BY CROW RIVER HABITAT FOR HUMANITY
Reauest:
The applicant has submitted application for a Conditional Use Permit (CUP) to renew an
amendmentto the planned development district (PDD) for construction of twin homes on lot 7
in Santelman's Third Addition. The lots were platted with a reduced lot width and lot area for
twin homes on March 22, 2005. However, as CUPs for PDDs are only valid for 18 months,
the approvals for the CUP must be renewed. Additional information is included in the
attached staff report.
Plannina Commission Meetina:
The Planning Commission opened the public hearing at their February 20, 2007 meeting.
One neighbor voiced opposition to construction of the twin-home on the lot. After discussing
the item, the Commission tabled the item until the March 20th meeting to allow the applicant
and staff to meet with the neighbor on site to discuss his concems. The applicant and staff
met with the neighbor and discussed his primary concern of drainage onto his property in the
side yard setback area. Public Works staff suggested installing draintile to collect excess
water from the front and sides of the property, which could be collected to drain into the catch
basin in the street. The agplicant is willing to make these improvements to improve the
drainage. At the March 20 meeting, the adjacent neighbor voiced his same concerns over
the twinhome. After discussing the grade differences, drainage, and setbacks, The
Commission recommended the City Engineer approve the final grading and drainage
improvements before any pavement is installed to assure property drainage. The
Commission also discussed the other twinhomes in thp. Area, the side yard setback9, and the
history of PDDs with 6-foot side yard setbacks. The Commission unanimously
recommended approval of the CUP, subject to the conditions stated in the resolution.
Recommendation:
The Planning Commission unanimously recommended approval of the Conditional Use
Permit with the recommendations, findings and conditions as stated in attached
resolution.
&{c)2-
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DIRECTORS REPORT - PLANNING DEPARTMENT
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To:
Hutchinson Planning Commission
Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Brian Warzecha,
Jean Ward, John Webster, John Olson, Lenny Rutledge, Kyle Dirnler, Kent
Exner, Mark Schnob rich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan
Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz
(persons in attendance at Planning Staff Meeting (in bold)
March 14,2007, for March 20, 2007 Planning Commission Meeting
Conditional Use Permit to Amend the Planned Development District for a
Reduction in Lot Width and Lot Area for Construction of a Twin-home at
560/564 Hilltop Drive N.E.
From:
Date:
Subject:
Applicant:
Crow River Habitat for Humanity, Property Owner
CONDITIONAL USE PERMIT TO AMEND A PLANNED DEVELOPMENT DISTRICT
(Tabledfrom February 2rf' meeting)
Brief Description:
The applicant has submitted application for a Conditional Use Permit (CUP) to renew an
amendment to the planned development district (PDD) for construction of twin homes on lot 7 in
Santelman's Third Addition. The lots were platted with a reduced lot width and lot area for twin
homes on March 22, 2005. However, as CUPs for PDDs are only valid for 18 months, the
approvals for the CUP must be renewed.
The Planning Commission opened the public hearing on this item at the February 20th meeting.
An adjacent neighbor expressed concerns over the proposal, specifically related to drainage and
setbacks. The item was tabled to allow time to obtain additional information on the drainage
and to meet on site with the applicant, neighbor, and City staff. At the time of writing the
report, the applicant was in the process of obtaining additional elevation and drainage
information from the surveyor before scheduling a meeting with the neighbor. Additional
information is expected to be provided at the Planning Commission meeting.
GENERAL INFORMATION
Existing Zoning: R3 PDD (Medium-High Density Residential-Planned Development)
Property Location: 560/564 Hilltop Drive N.E.
Lot Size: Approx. 66' X 150'
Existing Land Use: Vacant
Adjacent Land Use
And Zoning:
R3PD (Medium-High Density Residential- Planned Development)
I-I (Light Industrial)
(P[e-)L
.
Conditional Use Permit Amending the Planned Development District
Crow River Habitat for Humanity - 560/564 HiUtop Drive NW
Planning Commission- March 20, 2007
Page 2
Comprehensive
Land Use Plan:
Traditional Residential Neighborhood
Zoning History:
Santleman's 3rd Addition was approved in 1993 for a mixed residential
use. The lots in the application for CUP were platted for twin-home
construction. The previous CUP to amend the Planned Development
District was approved in March 2005.
Applicable
Regulations:
Section 154.070 (City Code)
Analysis and
Recommendation:
The PDD was approved with a reduced lot width and lot area that would not comply with
standard R3 zoning requirements. The development was platted with a lot width is 66 feet at the
building setback line, where 80 feet is required. The lot area of the easterly unit is 4,929 sq. ft.,
where the requirement for each unit is 5,000 sq. ft. The westerly lot area complies. The lot is
67.38' wide in the front lot line, however is 66' wide at the front setback line. The garages as
shown on the attached survey are 400 square feet, which meet the code requirements. The
property is presently a PDD which allows variations with an amendment to the PDD. The side
. yard setbacks for the previously constructed twin-homes in the PDD was 6-feet.
As noted, the PPD amendment was approved by the City in March 2005, however the approval
has expired. Staff discussed the proposal at the staff meeting and did not have any concerns
with the proposal, other than the conditions that were included in the previous approvals.
Staff would recommend approval ofthe request with the following recommendations:
I. Each unit must have separate water and sewer service.
2. Parkland dedication is $135.00 per unit and SACfWAC is $2,950 per unit to be
collected at the time of building permit.
3. Garages must be 400 square feet or larger.
4. Specific consideration for proper drainage between the units is essential. The
property owner is required to complete appropriate drainage for the site prior to final
landscaping and sodding. Approval of the final grading plan shall be approved by
the City Engineer.
Cc: Crow River Habitat for Humanity, 305 Main Street South
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BUILDING PERMIT SURVEY FOR CROW RIVER H
LOT 7, BLOCK I, SANTELMAN'S THIRD ADDITION
TAT FOR HUMANITY
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PROPOSED TOP OF FOUNDATION . 1.o~3
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DESCRIPTION FOR EASTERLY PARCEL lit"'..._~-
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The Eos1 33.00 feet of Lot 7, Block Ii SANTELMAN'S
THIRD ADDITION, according 10 the recorded plat
thereof.
LOT AREA. 4943 Square Feet
Bulldl~ Footprint fno o~ ~hown . 1258 Sq FT
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DESCRIPTION FOR WESTERLY PARCEL
Lot 7, Block I, SANTEUAAN'S THIRD ADDITION,
according to the recorded pial thereof, except the
East 33.00 feet of said Lot 7.
LOT AREA . ~ J 66 SQuare F91Jt
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PROPOSED EASEMENT DESCRIPTION
M eonment for drolnlJ9' 000 utlnty purpo,e, over, under ond acro" 0 6.00 10'01 wide
.!tip of 1000 lyinQ IInlerly of and od}oinlng the 110'1 Une of Lol 7, 611>tk 1, SANTEUAANS
THIRD ADDITION, occordl/)O to the r~orded plcl !her,cf. The nortflerly IlM of eold $trip
01 land l>el~ tM ,0u1htrly fine of tj.,. NorTt\tr1y 10.00 feel of ,olel Lol 1 000 !he ~outt1
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Ell< P-~27 PG 39
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RESOLUTION NO. 13156
RESOLUTION APPROVING A CONDmONAL USE PERMIT TO AMEND THE PLANNED
DEVELOPMENT DISTRICT FOR CONSTRUCTION OF A TWIN-HOME LOCATED AT
560/564 HILLTOP DRIVE N.E.
Whereas, Crow River Habitat for Humanity, property owner, has requested approval of a conditional use
permit to amend the Planned Development District for construction of a twin-home located at 560/564
Hilltop Drive N.E. with the following legal description:
Legal Description: East Parcel: The east 33.00 feet of Lot 7, Block I, Santelman's Third Addition,
according to the recorded plat thereof.
West Parcel: Lot 7, Block I, Santelman's Third Addition, according to the
recorded plat thereof, except the East 33.00 feet of said Lot 7.
Whereas, the Plamring Commission has held a public hearing on March 20, 2007, on the request and
considered the effects of the proposal on the health, safety, and welfare of the occupants of the
surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the
surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the
request.
The City Council has considered the recommendation and findings of the Planning Commission and
hereby does recommend approval ofthe conditional use permit subject to the following fmdings and
conditions:
1. The proposed use would meet the standards for granting a conditional use permit.
2. The proposed addition and site improvements would comply with the standards of the
district.
3. Each unit must have separate water and sewer service.
4. Parkland dedication is $135.00 per unit and SACrw AC is $2,950 per unit to be collected at
the time of building permit.
5. Garages must be 400 square feet or larger.
6. Specific consideration for proper drainage between the units is essential. The property
owner will be required to complete appropriate drainage for the site prior to paving the
driveways or sidewalks and prior to final landscaping and sodding. Approval of the final
grading plan shall be approved by the City Engineer.
Adopted by the City Council this 27th day of March, 2007.
ATTEST:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
(p( v }L
.
.
.
MEMORANDUM
DATE: March 21st for the March 27, 2007 City Council meeting
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: CONDITIONAL USE PERMIT TO AllOW AN AUTOMOBilE REPAIR
FACILITY IN THE IIC (INDUSTRIAL COMMERCIAL) DISTRICT LOCATED AT
805 HWY 7 WEST
Reauest:
The applicants are requesting a conditional use permit to allow an automobile repair business
in an existing building located in the IIC zoning district. The applicants propaseto use the site
for radiator and automobile repair, warehousing, and parts sales and repairs for wholesale
accounts. The property to the north is also zoned IIC and is owned by the property owners to
the west. The applicants do not propose any outdoor storage, except for customer vehicles in
the parking area. Additional information is included in the attached staff report.
Plannina Commission Meetina:
The Planning Commission held a public hearing and considered the request at their March
20,2007, meeting. There were no property owners who made comment or objected to the
request. The applicant agreed to all recommended conditions. The Commission briefly
discussed the request and unanimously recommended approval.
Recommendation:
The Planning Commission unanimously recommended approval ofthe Conditional Use
Penn it with the recommendations, findings and conditions as stated In attached
Resolution.
fr(C}3
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RESOLUTION NO. 13157
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN AUTO
REPAIR SHOP IN THE I/C DISTRICT LOCATED AT 805 HWY 7 WEST
Whereas, Greg and Becky Hoops, J&R Radiator, applicant, has requested approval of a
conditional use permit to allow an automobile repair business in the I/C (Industrial Commercial)
District with the following legal description:
Legal Description: Commencing at the Southwest Comer of the Northeast Quarter of the
Southeast Quarter of Section 36, Township 117, Range 30, thence North
16 rods; thence East 10 rods; thence South 16 rods to the South line of
the said Northeast Quarter of the Southeast Quarter of Section 36; thence
West 10 rods to the place of beginning, containing 1 acre ofland, more or
less, all in the Northeast Quarter of the Southeast Quarter of Section 36,
Township 117, Range 30, according to the U.S. Government Survey
thereof; ALSO conveying hereby an easement for all travel purposes to
and from the above conveyed land, including the right to grade, remove
or fill with dirt or materials as necessary and with full right of ingress and
egress thereto for such purposes, upon the following described land;
Beginning at the intersection of the North right of way of Minnesota State
Highways 7 and 22 and the East line of the South Half of the East Half of
the South 60 acres of the North 120 acres of the West Half of the East
Half of Section 36; Township 117, Range 30; thence North on the East
line of the above described land a distance of 125 feet; thence West at
right angles a distance of 30 feet; thence South parallel to the East line of
the described tract to the North right of way line of Minnesota State
Highways 7 and 22; thence East along the North right of way line of said
highways to the place of beginning; but reserving to Edith Sitz and
Edward F. Sitz, husband and wife, their heirs, executors, successors and
assigns, the full right to use said easement area for travel purposes to
provide ingress and egress to and from the balance of said tract from
which said easement is given. The highway right of way line referred to
above shall be those established on the date hereof.
Whereas, the Planning Commission has held a public hearing on March 20,2007, on the request
and considered the effects of the proposal on the health, safety, and welfare of the occupants of
the surrounding lands, existing and anticipated traffic conditions, and the effect on values of
properties in the surrounding area and consistency with the Comprehensive Plan, and hereby
recommends approval of the request.
~(0)3
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.
.
Conditional Use Permit
Auto repair business - 805 Hwy 7 W
Planning Commission - Marcb 20, 2007
Page 2
The City Council has considered the recommendation and findings ofthe Planning Commission
and hereby does recommend approval of the conditional use permit subject to the following
findings and conditions:
1. The proposed use would meet the standards for granting a conditional use permit,
subject to the conditions stated.
2. No outdoor storage is permitted.
3. Paving ofthe driveway and parking areas must be completed by August, 2008.
Parking stalls shall be striped in accordance with Zoning Ordinance standards.
4. A landscape plan must be provided and completed by September, 2008. Landscaping
shall meet the requirements of Section 154.115 of the Zoning Ordinance.
5. Prohibited discharges must not be released into the sanitary or storm sewer system.
All activities must comply with City, State, and Federal regulations.
6. The conditional use permit may be revoked if the applicant fails to meet these
standards or violates the conditions of approval.
7. Provide handicapped parking space.
8. Dumpster must be placed at the rear of the building.
Adopted by the City Council this 27th day of March, 2007.
ATTEST:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
~(G )3
To:
From:
D'ate:
S ubj eel:
Applicallt:
DI.RECTORS REPORrr - :PLANNING, DEP,ARTMENT
Hutchinson .PI:anning Commission
Brad Emans, Doff Moon, D'8,ve HUDstad,Miles Seppelt, Brian \\'arzecba,
Jean Ward, J'o,hn Webster, Jo,bn Olson, Lenny Rutledge, Kyle Dinller) Kent
Exner, Mark Schnobrich, Marc Sebora, GaryPlotz,K"en 'Merrill, Jim POPP:r Dan
Hatten., Dick Nagy, Rebecca Bo\vers and BOD,nie Baumetz
(Persons in atte:ndance atPlaDoing Staff Meeting i.B bold)
March 5, 2007, for March 20" 2007, Planning Commission Meeting
Conditional Use P.ermit toallo\v 3n automobile repair facility in the lie
district located at 8051lwy 7 West
Greg and Becky Hoops, applicant
Brent Christensen, property Olvner
CONDITIONAL US'E ,PERMIT
Brief Description:
The applicants are requesting a conditional use pemlit to aIlo\v an automobile repair business in
an existing building located in the IIe zoning district The aplplicants propose t,o use the site for
radiator and automobile repair, ,varello'using, and parts sales and repairs for \vholesaleaccounts.
The property to th.enorth is also zone.d. I/C and, is o\vned by tb.e property Qvmers to the west. The
applicants do not propose any outdoor storage, except for custo,mervehicles in the park.in,g area.~
An aerial photo of the site is below:
{J)(C)g
.
.
.
Conditional Use Permit
Auto Repair Business - 805 Hwy 7 W
Planning Commission- March 20, 2007
Page 2
Existing Zoning:
Property Location:
Lot Size:
Existing Land Use:
Adjacent Land Use
And Zoning:
Comprehensive
Land Use Plan:
Zoning History:
Applicable
Regulations:
Analysis and
Recommendation:
GENERAL INFORMATION
IIC (Industrial Commercial)
805 Hwy 7 West
.73 acres
Construction Company
IIC (Industrial Commercial)
Commercial
The property was originally a Hormel buying station. In 1997, Reiner
Irrigation was granted a conditional use permit to change the use and
construct a pole type building on the property. In 2001, a conditional use
permit was granted to Reiner Irrigation for construction of an addition
onto the existing pole type building. The use changed again in 2005 when
Christensen Construction purchased the property, however no CUP was
applied for at the time.
Section 154.066 (City Code)
In reviewing the CUP, the Commission should consider if the proposal meets the standards for a
CUP. A CUP shall be granted only if evidence is presented to establish the following:
(a) The proposed building or use at the particular location requested is necessary or
desirable to provide a service or a facility which is in the interest of the public
convenience and will contribute to the general welfare of the neighborhood or
community;
(b) The proposed building or use will not have a substantial or undue adverse effect upon
adjacent property, the character of the neighborhood, traffic conditions, utility
facilities and other matters affecting the public health, safety and general welfare; and
(c) The proposed building or use will be designed, arranged and operated so as to permit
the development and use of neighboring property in accordance with the applicable
district regulations.
(0 (C) 3
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Conditional Use Permit
Auto Repair Business - 805 Hwy 7 W
Planning Commission- Marcb 20, 2007
Page 3
Outdoor Stor<U!:e:
. At the plarming staff meeting, staff discussed potential concerns with outdoor storage of vehicles
on the property. The applicant has stated they would not store vehicles on the property, however
there would be customer cars parked on site. They have provided a letter of reference from their
current landlord stating they have been excellent tenants and have kept the premises clean with
no outside 3toragc of any old whicles or auto parts. Staff has added a condition to the resolution
stating that no outdoor storage is permitted.
Site Paving and Landscaoing:
The Zoning Ordinance requires that all commercial and industrial districts, parking and access
drives shall be covered with an all-weather surface meeting the design standards of the City
Engineer. There is currently a 2,880 square foot paved parking area along the front of the
building. As there is only a small area on the site that is currently paved, staff recommends that
the driveways and parking area be paved. The upgrading of the property to a paved surface is
required by ordinance and should be required as a condition to the new conditional use permit for
the change in use. Because of the Highway 7 construction project, staff recommends the
applicant be given additional time to complete the paving of the driveway and parking by August
2008. Staff also recommended adding landscaping to the site to improve the appearance from
Highway 7. Staff would recommend approval of the request with the following
recommendations:
I. The proposed use would meet the standards for granting a conditional use permit,
subject to the conditions stated.
2. No outdoor storage is permitted.
3. Paving of the driveway and parking areas must be completed by August, 2008.
Parking stalls shall be striped in accordance with Zoning Ordinance standards.
4. A landscape plan must be provided and completed by September, 2008. Landscaping
shall meet the requirements of Section 154.115 of the Zoning Ordinance.
5. Prohibited discharges must not be released into the sanitary or storm sewer system.
All activities must comply with City, State, and Federal regulations.
6. The conditional use permit may be revoked if the applicant fails to meet these
standards or violates the conditions of approval.
Cc: Brent Clnistensen, 19456 Omega Ave., Hutchinson MN 55350
Greg and Becky Hoops, 69600 -2131b St, DarwinMN 55324
(pee)3
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TO: Rebecca Bowers, Director PlanninglZonlnglBuildlng
FROM: Kent Exner, City Engineer
RE: Family Video Preliminary Plan Review
DATE: March 9, 2007
Per my review ofthe Family Video preliminary plans dated February 21,2007, I have the following
comments:
. Site Stormwater Runoff - Verify that parking lot and building stormwater runoffis contained
and diverted to appropriate drainage facilities. Overland drainage to City street right-of-ways
and adjacent alleys (to east) or private properties must be minimized.
. Sewer Service - Install clean-out on the sewer service at the RIW line (reference City
Standard Drawings).
. Water Service - Install 1 Yz" copper pipe up to the curb stop at the RIW line.
rfthere are any questions or concerns regarding these comments, please let me know. Otherwise, the
preliminary civil plans seem to address previous comments and requested revisions.
Thank you.
cc: Jay Murzyn, SEH
(Pee) Y
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MEMORANDUM
DATE: March 21st for theMarch 27, 2007 City Council meeting
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: SITE PLAN SUBMITTED BY ROCKFORD CONSTRUCTION FOR
CONSTRUCTION OF A FAMILY VIDEO STORE LOCATED AT 108 - 1ST
AVENUE N.E.
Reauest:
The applicants have submitted a site plan for construction of a 6,OOO-square foot Family
Video retail store at 108 - 1st Ave N.E. Proposed improvements on the site include
construction of a 6,000-square foot building, new parking lot, and landscaping. The site
would be accessed through two access drives on the east side of the parking lot and one
access from Hassan Street. Additional information is included in the attached staff report.
Plannina Commission Meetina:
The Planning Commission considered the site plan at their March 20,2007, meeting. There
were no property owners who made comment or objected to the request. The applicant
agreed to all recommended conditions. The Commission briefly discussed the request with
and unanimously recommended approval, subject to the conditions stated.
Recommendation:
The Planning Commission unanimously recommends approval of the Site Plan with
the recommendations, findings and conditions as stated in attached the attached
resolution.
0Cc) t-j
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Site Plan
Family Video
Planning Commission- March 20, 2007
Page 3
The parking area would be constructed with a new access drive from Hassan Street S.E. that
would require re-striping of the existing parking on Hassan Street. Part of the existing sidewalk,
curb and gutter would also be removed and replaced to accommodate the new entrance.
Landscaping:
There is limited area available for landscaping on this site. The applicants have submitted a
landscape plan proposing two trees in parking lot islands and shrubbery along the north and west
lot lines. The City Forester has recommended changes to the plan as follows 1) add two more
shade trees at the NW and SW corner of the lot, 2) diversify shrub planting by intermixing
Prairie Petite Lilacs into the shrub line to break up monoculture of Anthony Waterer Spirea, 3)
Revise the Redmond Linden specie selection for shade trees to Amur Chokecherry or combine
the two species to diversify.
Signage:
The plans identify wall signage at the main entrance to the building. The proposed plans appear
to meet the ordinance standards. Sign permits will be required prior to installation of the
signage. The Family Video trademark tower would be placed at the main entrance to the
building, however would not contain any signage.
Analysis and
Recommendation:
.
A "One-Stop Shop" was held on February 13, 2007, to review the site plan and provide feedback
to the applicant. The applicant has addressed all of the items discussed by staff and appears to
have met the required standards, subject to the conditions stated. Planning staff recommends
approval of the site plan subject to the following fIndings and recommended conditions:
I. The proposed building and site improvements would comply with the standards oftheC3
district and the Zoning Ordinance, subject to the conditions stated.
2. Final plans shall be revised according to the City Engineer memo dated March 9,2007.
Plans must be approval by the City Engineer prior to construction.
3. Sign permits are required prior to installation of the signage.
4. Park dedication fee of$430 will be due at the time of building permit.
5. SACIW AC fee in the amount of $5,900 (2 units x $2,950) will be due at the time of
building permit.
6. The City Forester recommends revising the landscape plan to: a) add two more shade
trees at the NW and SW corner of the lot, b) diversify shrub planting by intermixing
Prairie Petite Lilacs into the shrub line to help break up monoculture of Anthony
Waterer Spirea, c) Revise the Redmond Linden specie selection for shade trees to Amur
Chokecherry or combine the two species to diversify.
7. Parking on Hassan Street must be re-striped according to the approved site plan along
with the parking lot improvements.
8. Any sidewalk, curb, and gutter removed be replaced according to City specifications.
9. Exterior lighting must be shielded and shall not cause glare to adjacent properties.
.
Cc: Bruce Naustda], ]] 75 Dale St. S.W.
Doug]as Klang, 2852 Burrwood Dr, Springfield, OH 45503
Jay Murzyn, SEH, 1090] Red Circle Dr, Ste 200, Minnetonka MN 55343-9301
Scott Larson, Rockford Construction Co. Inc., 5540 Glenwood Hills Parkway SE, Grand Rapids, MN 49512
~cY--j
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Site Plan
Family Video
Planning Commission- March 20, 2007
Page 2
SPECIFIC INFORMATION
Existing Zoning:
C3 (Central Commercial)
Property Location:
108 - 1st Ave. N.E.
Lot Size:
.54 acres
Existing Land Use:
Vacant
Adjacent Land Use
And Zoning:
Commercial
Comprehensive
Land Use Plan:
Downtown Commercial
Zoning History:
The site has been vacant for a number of years. In 2003, staff met with
another retail development company regarding the site. Ace Hardware
was granted a variance to reduce number of parking spaces for moving
their business to the site in 2006.
Applicable
Regulations:
Section 154.169 (City Code)
..
Building:
The proposed building would be an approximately 6,000 square foot one-story structure with a
flat roof. The exterior of the building would be integrally colored split faced concrete block with
accent bands, with windows along the front and sides of the building, and finished metal canopy.
The building height would be approximately 20 feet to the top of the parapet. Family Video's
trademark tower would be placed at the main entrance to the building.
Setbacks:
The proposed building setbacks and requirements for the C3 district are identified below. The
plans would meet the building setbacks as follows:
Required Proposed
Structure Setback Structure Setback
Street Right of Way o feet 120 feet (north)
7 feet (west)
Interior Lot Line o feet 8 feet (east)
o feet (south)
Parking and Drive-Aisles:
The Zoning Ordinance requires 5.5 spaces per 1,000 square feet for retail uses. Based upon a
gross building area of 6,000 square feet, 33 parking spaces would be required. The applicant
proposes 33 spaces for construction. The proposed parking area and drive aisles would meet the
required 5-foot setback to the right of way.
~ {CY--f
DIRECTORS REPORT - PLANNIN'G, DE.PA.RTM.ENT
To:
FrOIl] :
'H utcllinsonPlanning Commission
Brad, ,Emans, :Dolf ~foon,Dave Hunstad,Miles Seppelt, Brian \\'a,rzecba,
Jean vVard, John 'Vebster, Jo,bn Olson, Le.nny Rutled'ge, Kyle Dinller, Kent
Exner" Mark Sc.hnobrich, rvl'arc Sebora,) Gary Plotz,K,en Jvlerrill, Jim Popp, Da,n
HatteD, Dick Nagy, Rebecca Bo,vers a,nd BOD,nie Baumetz
(persons in a tt:endanceat Planni,ng Staff Meeting (in bold)
Date:
Ma.rch 5, 2007, for March 20, 2007 Planni~g CormnissionMeeting
Site plan for Construction of a Family Video Store at lOS_1st Avenue N.E.
Family Video M:Qvie Club and Rockford Construction Compuny
Subject:
Applioants
SITE PLAN
Brief Description:
The applicants .have submitted a site pIall for constnlction of a 6,OOO-square foot :FamilyVideo
retail store at '108 - 1. Sl ,Ave N +E+ Proposed inlprovements on the site incl ude COllstnlction of a
6,OOO-square foot building, ne\v parking lot, and landscaping~ The site would be accessed
through t\'vo access drives on the east side of the parking lot and one a.ccess [rom Hassan Street
A. one stop shop was held on February 13, 2007 \vith the applicants.
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lONtttlQ CLASSIFtCA liON: t-3
BUlLOI.Ki S1ZE~ 6000 SO. fT
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NUf.48:ER OF PARKING STAllS~ 33
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RESOLUTION NO. 13159
RESOLUTION APPROVING A SITE PLAN SUBMITTED BY FAMILY VIDEO FOR
ADEVELOPMENT LOCATED AT lOS_1sT AVENUESE
Whereas, Family Video has requested approval of a site plan to construct a retaiVcommercial
business located at 108 _1st Avenue S.E. with the following legal description:
Legal Description: Lot 2, Block 1, Hutchinson Downtown Redevelopment Plat No.2, except
the South 40.00 feet of said Lot 2.
Whereas, the Planning Commission met on March 20, 2007, on the request and considered the
effects of the proposal on the health, safety, and welfare of the occupants of the surrounding
lands, existing and anticipated traffic conditions, and the effect on values of properties in the
surrounding area and consistency with the Comprehensive Plan, and hereby recommends
approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission
and hereby does recommend approval of the site plan, subject to the following findings and
conditions:
1) The proposed building and site improvements would comply with the standards of theC-3
district and the Zoning Ordinance.
2) Final plans shall be revised according to the City Engineer memo dated March 9, 2007.
Plans must be approval by the City Engineer prior to construction.
3) Sign permits are required prior to installation of the signage.
4) Park dedication fee of$430 will be due at the time of building permit.
5) SACfW AC fee in the amount of $5,900 (2 units x $2,950) will be due at the time of
building permit.
6) The City Forester recommends revising the landscape plan to: a) add two more shade
trees at the NW and SW corner of the lot, b) diversify shrub planting by intermixing
Prairie Petite Lilacs into the shrub line to help break up monoculture of Anthony Waterer
Spirea, c) Revise the Redmond Linden specie selection for shade trees to Amur
Chokecherry or combine the two species to diversify.
7) Parking on Hassan Street must be re-striped according to the approved site plan along
with the parking lot improvements.
8) Any sidewalk, curb, and gutter removed be replaced according to City specifications.
9) Exterior lighting must be shielded and shall not cause glare to adjacent properties.
Adopted by the City Council this 27th day of March, 2007.
ATTEST:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
ll{C)~
. To: Mayor and City Council
From: Melissa Starke
Date: March 22, 2007
Subject: 2007 Liquor Licenses Renewals
The following establishments have applied for 2007 liquor license renewals. The
appropriate paperwork has been submitted and investigations of the premises have been
conducted by the Fire Department. Please approve the following licenses':
On-Sale Intoxicatinll: Liquor License
Gold Coin
Main Streets Sports Bar
Club On-Sale Intoxicatinll: Liquor Licenses
American Legion Post 96
Crow River Golf Club
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03/22/2007 THU 9:25 FAX 952 828 9026 Aufderworld
~00l/003
Mar 22 07 10:13..
320-587-3824
B....t.l:j H"II
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HtHchlnM:tn, MN SS~SO
(320) ,t"J'., 1:1 IfI~,1;'1;; (320) 2J4.l\24\')
City of Hulchinson
APPLICATION FOR GAMIlUNG DEVICES UCENSE
In provisions of the City of llutchinson Ordinan~'e No. 655 and Minnesota Statutes Chapter 349
All application. must be received at least 30 days before evellt ill order to be considered
Aonllcativn Tvoc
0 full Year January I - Deccmhcr 31 , {"-ce: $100,00
Yeo,.
Dil: Shurt Term O..e(s) 3/'>fo//J7- '1/:';/07 Fee: $25.00
Monr/v. a"floor... MOI1/hRJdYIYt!ar
Or~"nl?..Qtion rnfmmlllion
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D:ly <'lnd lime of Tnccting.$'? ;/ &,8.P T'5..c,:<;;. o.of' r-n tJlNIIT /4 ?: ~- P_~l
h Ihis org.(.IuiUitiQ1'l oq;.fll1b:ed 'lOll",. the: ltlws. uf (he Slute or MinDC~otll? ~y", Ono
How long h.n~ lhe ol"ganiution been in c~jstel1Ce'? (. '3 ~ r$llow ma)' members in the oTSllnizMion? <./00 _1--
WhUlls the purpose OfllJe Qfsan~lion? t')/!''r r E. ./,~ m~......'''' "'.- r>li~R ~ P<'I5:R 1-1 u J
In who.~~ cuslody \\Iill oq;llQilalion rClilmls be kept?
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3_~6_~ . l2/jPI..t.'i.v 5 'r. o rc. It F." It:. L.L> i'n IV ~-S ~ 5-:'-
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Place omirth: L J Ir: J...I,'( I ~ 171 fl.;'
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Have you e\'cr been C'on\!icted of nn)' crime nthtt than il traffic oftense?
Dil[e of nirth~
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03/22/2007 THO 9:25 FAX 952 828 9026 Aufderworld
~ 002/003
Mar 22 07 10: 13a
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.
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B..eel:! Hall
320-59?-382~
p.2
elf'! of HutchinsoN
1IPf'/;f;lFli,m!<Il'n/"f,tJ GnmhliltG Ol!\iu! l.ic~:It
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De.i~nalccf Gambline M.oo~er (()uulifiM .1Id" Milln..,.tQ Sla",,. *3291
_lLEdhJ L- /)
;,:la-(PQ3 -;1.73)
Ph()~ Nl,Jm!Hr
LLI./V'O In!
"ru~ Name
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(., 00 A-1I
R(jiclcnc~ Addr~'.f
5!'{"3s:J
Zip
L. lIe i-l j::, IZ (.p _E:l.l:Y
Cily Srarc
Dye, 'lP no
Dare or nirlh:
~
L/TCftP/tUJ
City
I'laoo of Birth:
mJ1/
Slc1r~
1 ? c> -LL~s:l
Mon.rhldQ)")HStIr
Have you ever hcolll:onvictcd of llny crime other tharl a tt'nffic offco..\C?
If yc.". c;Il;f)lai n;
How Ion!; huve you bC:ell a mcnlbc.r of th~ organiz.z\tiun'r
I,? VI? <)
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G~mc Inform.:lli<:n1
Locnllon III
~",--t..Ji;.o /) C b ~ '" II? G. If' "" /V 0<<;
Name of !o(.'mhm wlU!flf 8am~ wW bet! p{llyed
If() 0 <:' Ii: IV}U. ~ Y._ A-v €-'
~(hl,.e,'i.{ of wcmia', U1r;;,.~ /fl1m<T will he plQ}~d
3,;;10 - :;'~7 - '~',1~~
Phrme "'um~J'
Datc(s) m.o/IJr <.Iu)'($) ~~mblin!: device'! will be w.od:
If 1./ Tc. '" JtV .~ 0 IV l?'1 V
-----0;;;--"-- Sltlle
3/3//07.hrough
/ AM
~I rrw
~--"~.35"V
74>
~/61 /ok,;
/ AM
To -LJ-.'ol ~
HQurs tJfthe dl).Y ttllnblil1$ de"ic~~ will tN u~ed:
From
MAximom number of player: qc?O
Will p..i7:e~ ~ paid in money or mcrchimdi$C? 0 mOI)ey )(,nc1'<;h.(l.f\diSt~
Will fefl'eshment~ he ~rvC(1 durin/; lhc lime the garnbliO& device/; will be used? )fyet
If a.,.wtllD.chAf cbemudcforsu<;hrefrcshmems" r.:s- 0110 (:! ~7'tE~ I:J
GOlmc Inrorn1Ation
Locntlon 112 .
;VI" I Or r .I:('i(, "Iv _ F~ \ (' 6,.,;1.<'" j 5
Name Qf 1(1(;()"'~-; W/fein' c.ame will Oc ptoyc.d Ph.one Nrtmbf!T
I:ii:..I d..'i' ld.i .f!j.f:!:.~ r; -,;,) 5-C)
City Stare. lip
2 '
L);!'c(,) a",l/m dny(.) ~"mbJ;nr. devio." w;111>e 11.<"<1: .7'. 31- 0 '7 lhrou~h ;; - ;)1 -. (11
lfour:; oflllc day g"mblin~ dovic"" will be u"'~; 1''''''' ...3-,~<2Q--A To --J..Lo.' OQ_~
Ma.,imum number of player: ---.!:f..tJ6
Will prizc~ be puid in money Of Tt11..'"t'C:ho.ndi..~? 0 money .l\)Cfchnndi~
Will rcfrc..~hmcnL'i be :;cr\f1,;d durinllh.c time ,he ~"1Inll.>liul; ck~vk:<:s will be used'? 51 y~ 0 no
If e.'\, will., chilr c be made fur Slll,.'tl tefrcshn'lent~7 CS 0 n9.
000
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Offtcers of the Or unil.<'l~iofl (i IIt<:e.JMI ',li4'1 "dtJiri(Hut! nllm~.f 011 .~d u.tJU .rf!eet
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03/22/2007 THU 9:26 FAX 952 828 9026 Aufderworld
~003/003
D"....~ H..ll
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Mar 22 07 10: 13..
320-5137-31324
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Cirv(JfUr'(f"lillfo/~j
ApP/ir.fI1iM fol' Dittto G(JTIrhli,,~ D~1~t:, U'f:I.'fU~
"'a9~ :~.~
H Iln I'olrl I. I.; " (I ;/,
Name
.LJ.(9 J~(" ('
Title
;)0 4>(')?
6'/,. /-J-;'t..!L-
..___._9!x
/11/1/
_..........J.tnre
.':;~.:::;- j"5~S-
-zr-
vc.o A-1/
Residor.ce Add1"t'ss
OfrlCer~ or Other Persons Paid for ServiCC$ Infol"m:\tion (if ne(.'(!.SSQI1'. Ii." (/dditwflQl nllm6J on $troQrare .'ihe~/)
Nuttle
Tille
lip
City
Stor~
UC'sideru:r! Addrl!.'i.'i
Nam;-'-
Tilf~
Xi"
Cic)'
,';,orc
R~,,'idlJnt;tll\dd"e."s
Till<!
Name
-~if;;id~nC-'ff Addre..t$
.~Jalt: ..__...~...?dl!-.....
Ci~r~'
Hnvc you (Guml>Jill!: M,umg<-f and Aulhori'1..ecl Officer) I'ellld. and do you thorouE;hly ~lllderSland 1he provisions or ,llllnW$.
Ot(liMllCC!;.. and regulati(m~ governing the. opcmliollluld \1~C of g.ambJin~ dCVK:c1i {as outlined in Cily uf Hutchin~
OrdinlH\Ce J 1 Jj..20 ;l.n(l Minl\Csotn Sla[Ule~ Chapter 3491"
CnmbUng Manof.cr 0 yes
~yes
kI'Yl
o nO A\I1Jlc,)ri~cd omc:~
000
I"Wnl 1nWaf
I "k,--cl...n: thAt tho. infornull..icm l have provide-d 011 !his ilfl(lliC<:llion is h"Uthful. and I lmt!U)nZc the City of Hutchin$.C)n to
il1vc:aigatc the infomltlti(H1_'::ubm;l1cd. Also. t have. ~ccivc(\ from (he City of HutC',hinl:un a copy of Ihe City OnJinnncc No,
,~~71~UOg [0 gambling, and ~.WII~::li"nf.c my,ctf w,th tho "on[cnl> lhc"fouf.
'Y!~-- .~" -(1/< \ 304;;1- 07
. -- S;p,m,runr ()ff1I1JIIf!d~ ()ffil."~"tJff)lgulla.OI'()t1 VoIr
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~!'.e 'if e,,,,,/,I"'.l "'0''''8<' of ".g""iz",ion
.3-~;;2-~7
Dor<
Intel'nOlI U$~ Onl\'
City Council 0 "J'>1)1'Ove(i 0 d~lIie:d Nores:
~(e)
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.
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] 11 Hassan Street Southeast
Hutchinson, MN 55350
(320) 587-5151/Fax, (320) 234-4240
City of Hutchinson
APPLICATION FOR GAMBLING DEVICES LICENSE
In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349
All applications must be received at least 30 davs before event in order to be considered
A liqtion'l'
D Full Year January 1- December 31.
$100.00
Fee:
D Short Term Date(s)
Fee:
$25.00
Of. aiijZiltiQnlJ)t~bnaiig\l
jY\C Leod
CJ)\)V\~ ?'v\e.(A5c~V\b (TNtA,U
N me
&'v'\ ~
City
320~ .5707-&&.>0
Phone Number
~
State
55!JSO
Zip
Day and time of meetings? "
Is this organization organized under the laws of the State of Minnesota? D no
How long has the organization been in existence? aOlttl') How may members in the organization?
What is the purpose of the organization? ~'<:l~ v...-\ \l-C'. <;\0...- cd-',(}V\...
In whose custody will organization records be kept?
m ;-\-c~el FO\l0d
\\0 ~CU.A \~ \),('J. UL
,~m
Name
3(.O-5Bl- Jew
Phone Number
_ yv\LIJ
State
Address
tMt:M.
Ci'
55350
Zip
anizaf;on Information ...
True Name
),)/:)-1,1;1 -t:; 1,;7S
Plume Number
\D'd113
\ 55-1"- 5-\---
Residence Address
G \e ;\;\ [Of
City State
Place of Birth: /-Iql/!h t'rJ S.-?
City
Dyes ~
>51 ??
Zip
111-{/;
State
MU-
I '7 I /9t'r'}
Month/day/year
Have you ever been convicted of any crime other than a traffic offense?
Date of Birth:
3
If yes, explain:
~(f)
City of HUlc!linson
Application for Bingo Gamhling Devices license
Page 2 of 3
.
Des hated Gamblin Mana efi!iQuali ed underMinnesota StaluIe ~a29)
m:""W\ h-Ahf.(
, True Name
\\~^ u,l) {let \-\r)-\t lA'\v\S!JK
Residence Address City Stale
\0 lIS I &q PlaceofBirth!bI"Wvpt)\iS
Month/day/year . City
Have you ever been convicted of any crime other than a traffic offense? 0 yes fi'2'o
?J2() , 5<;>;1- ;:+If3LtL[
Phone Number
\Uj
)UIV
5S350
Zi
#/IV
State
Date of Birth:
If yes, explain:
How long have you been a member of the organization?
iOaIl1e!qfQlmation' .
Location # J .
YY\r If(')(f LOU'<\\-tA trAI rC\v()lMdS
Name of location ';'hJ,.e game will iU played
2tl () t&/\l.~. Ii. A 5'0,) \4, *lri\v\!:(J)1.
Address of loc~e will be played City
4>,,"\ \ 1.+
From S:nO
5127 -;Y-flQ
P}wne Number
MiL
State
5~ 3SD
Zip
Date(s) and/or day(s) gambling devices will be used:
through
@ To ,O'ill
~
.
Hours of the day gambling devices will be used:
Maximum number of player: <3.(1)
Will prizes be paid in money or merchandise? 0 money )61 merchandise
Will refreshments be served during the time the gambling devices will be used?
If es, will a char e.be made for such refreshments? 0 no
ji yes
Ono
Location #2
Name of location where game will be played
Phone Number
Address of location where game will be played City State
Date(s) and/or day(s) gambling devices will be used: through
AM
Hours of the day gambling devices will be used: From PM To
Maximum number of player:
Will prizes be paid in money or merchandise? 0 money 0 merchandise
Will refreshments be served during the time the gambling devices will be used? 0 yes 0 no
If es, will a char e be made for such refreshments? 0 es 0 no
Zip
AM
PM
Name Title
Residence Address City State Zip
. Name Tit/e
Residence Address City State Zip o (f)
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City of Hutchinson
App{icationfor Bingo Gambling Devices License
Page3of3
Title
Name
State
Zi
Residence Address
City
Officers or Other Persons Paidfoi Services Information (ifnecessarv, list additiolla/Ilames ()nsecltIttItesheet)
Name
Title
Zip
State
Residence Address
City
Name
Title
State
Zip
Residence Address
City
Name
Title
City
Zio
State
Residence Address
Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws,
ordinances. and regulations governing the operar" n and use of gambling devices (as outlined in City of Hutchinson
Ordinance 114.20 and Minnesota Statutes Chapt 349)0
Gambling Manager ~es 0 no Authorized Officer ~~ 0 no.~ If?
to ni I Initia/
I declare that the information I have prov ded on this application is truthful, and I authorize the City of Hutchinson to
investigate the informationsubmitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No.
I ]4.20 relating to gambling and I will familiarize myself with the contents thereof.
3 -;16 -C) 7
Date
]---2001
I
t:
Date
InternallJse OnI
City Council
o approved 0 denied Notes:
~(f)
,-. ~
.
: I HHLar. Str~t Sf'I.l!hC~:,l
HLl(~.:r:~un. t\i~ 55)5::'
,3 2()'15S7-SJ5['Tax: iJ20) :J4 -t24(;'
Cit} of Hlltchinson
APPLICATION FOR PE DDLERS, SOLICITORS, A."lD TRANSIENT MERCHANTS
Date(s) O~. SJle
. '.':-'~~:C(';'<'.'
tbe 0 7 ,
r.);X) , '7/000 i
I
a. Solicitor
;4 Tr.:msic;lt MC'rl;h.am
.J Pede'er
:;JPf.iT<3Je P:::ddkr
SIOO.OO
~-.'
SIOOM
$25,00
Date of Applicatbn
:".0"
:~'f.,. ,."
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I 2" X :;:P Picrure Re.quired
I
I
~ed
S~-0~
I Na.'l1e kCc\\c\';;:U
, r'!O"
I Height: ~._ Weighc
Dr\.~r's License Number;
~ ex'\' N\.Clf'\
d ~ Eye Cole.,
\-\ J)7.1~.J
State; CD1J.
.
PetmanontAddress; L~iSI Lj~rnCrNE
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I .. (it).. Sim", lip
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! PennanentTelepr.one. 103 L..jq 7 - 16(,;'
i Temporar)' Add,,,,,, u ___
[iI)' SlCI'! --z;;-
J Te:nporary Telfphol1~ A.C.(.:'S5:
Have you been cor..victed of any crime, mi5.d::rneano[. or viomtion of any munici?a! ordina."lCe, other '\-Ian
b"affic v!Jlations? 0 yes ~ no
If )'es~ s:.ate the nature of offense and punishment or penalty assessed therefore:
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.~pphca1tcn/.)r Pniikr.i, Solt(ifr;r.l, ani Trw:~':'aJ; !.f"trcr.wd,s
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Location Address
dukhV:irt\
~l!y
mw
SW;(T
S,S <sO
Zip
D~libe rehltionship betv.'een applicant and ernp!o:yer:
wX\c\C\r
Describe nature of business and descnbe ifem(s) offered:
\l\N a~\'f\\\~ Q~Ch\'\(S
urviC"'r~M'jr-oM'::l
Describe mc(hod of dcJiv~lY:
8~ h--()C-k
.
Describe source of supply:
-~~(I)('f;'~~.
SlippfrtfJ">'cmu
.dJ1 c~}k~1""w
WI 7fSct;:;C-lJI18
Slrpp/ff Phone J\'W1btr
JsIKQ;'~lh .WL S46/,C,
c il)' SJ4J~ ZiP
;"PpJi~r .~'011t~ SJ./pp/~ P~M ,llwrrtH,
_.- Zip
Sl.I{)pliet Addfi!.s., City S-
-S~plier .~"amt Supp/l.r PhunI }{w:tbl,.
Supp!i~r Add,tS.! City St4t< Zip
F~:W~t;oJi~fur,C<'-_;;1:fY'';l;!i;[]j~i>::i''';~Fir;c_rr~::;f;-WJ[1~;;TFi;iP .' ... _.--:!ic...:~i.' .~:j;g' .J,!~
'I Provide two (2) prof'OTlY owners (preferably in McLeod County) for charneter references: I
WCt(- f'r\cr-t - HdtC\\I'\\S()D .~ 361_1600 !
Propr.rt1' OlHIt'r .Vame ProJW1y Otnu,.?hmt -".ranlber
___13()() \\'()\\ I! r\U)~ l'\ S f-lukhll'\.;;D'\ JnlI
Po.f\\ d~,~,~rc~,t;::~( M c'o 300 Z~<i bclf;
f;lrOf~rl)' o..'nrr NaTffi Pr(lptl."Ty o..,'M.- Pmne j..../lmb!y )
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,-IppliC<J:u;"j"r /'r:ddlr;r.r. Sol.'dfvr~'. und r~<.Jr.~k'/l .I1~n-:/<J/;1.S
Pag( 3 ",I!
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I R;cfcH,,,~.::~~ge1t~r:.',~i'~,;;'J.'H~t:;~)f;;:1'Y'< .'< ' ;;iHFfin::;!-N!<>;."'I" 1
!. 's-[ last {up to three (J)} prC\K>\.lS :itY(CS:l h'here yo<.; c.aried on same activit'j""
Hbl~c.()(", -ffi 1\\ \')f\I',()S. 'c. 1ol~ 0_:)
CJt.' Stlle "JtllC\nQJ/\~"'lt:.
LA), \ \ f'i)CC
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Stlle
u \"f\t' n5' 10 Jo I ~ 0 '\
Dal:e(;)vfA~it:-'
_fht\I_
S1>le
luCV'O <;: 10 -:In ('j (')S
D8tc(s) QfAarvrty
,. ~~rt,~"/~!'~''".'<'''<''~';''>^'~'''' ,t..',... " '.:, ',>0, ~:I'~''-o:'-'rl'~,~.-.j 'Inh-"~.,1."..' :r.",,,-:~,~: --,..,:"",t.:,,,.,..-,: ;""";"'.'", -'~ ;t..~. ;,-" ," -. '. '.: '.'''.~, '--:. :...':...
~:~~~!:-.~~}~~,<,-:,'~~' 'r.'tr}'iLY:':~: ':~nf.,:k"'> t,<:>::~, -"'):;:""':;:'::~'J~il(t:f;""':'''~'h:l'.,:(.;~~,' ,'''':.;: ,'-;,' '~,:':.' ~~':"'.,' .: ',I, .
: The followmg items need to be C".crnpleted and/or attache-d in orde7' for the application to be processed:
: Arplintion}lnv'3S:1lgmjun fee pa:d in full (cl1eck or mOlle',,-'order): ~es 0 no
Application completed in full and signed: ~:~__ 0 no
I
.
I hereby certify I h?ve c(lmple;ely filled:)ut the entire above apphcatioD and that the 3?plication i.! true, CO;Tect, and accurate.
l i (j,,:< ujll!~'j ~'l",r,U U,d.1 L.l.:I~' J-I-\:l ~'.'I, v,lk .~ IL'wl"':-J .U(; pi u:,,'isiO!l (;f lile Pc-ddjels, S(}li(ita~s, and Trrill5kn: >lerchams Didj,1~;~C
Nt.\ 673 is guilty of a mi}demear:or and upon conviction rl1e:-eof shall be punished by a ftoe nor eJ!l!eeding $1 ,OOO.[)O or by
imprisonment for a period not excc~.ding 90 days m both, plus, in eit.her C!'lse, the cool5 of prosecution.
I:!uL"i.J!t,~fJ'M'~-
" Applic:,mt 's Signature
z - (
"
-0 I
Dati'-
Illlt_l~onw '.. k. :r:";k~\iP.1i"?"!,'
l Polie, :J approved :J denied Notes:
City Council 0 approved 0 denied Noles:
.',?,;'~~i~~:"" " {:~,f~~<~;
-;'
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h :1..,-=-.',..IPJlI'C'-liQftIol"edoWf, 3<..~k".I~r, rr~.., 1lllt~<lI;.
;,-
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.
Wal-Mart Stores, Inc.
IncomeOevefopment
Caiporate Office
1300S.E. 8~ Street
Bentonville. AR 7271 &-0850
Rob Grippi
Project Manager - Other Income
a1gnpp@wal-martcom
Phone (479) 204,3037
Fax (479) 273-4100
January 29, 2007
To Whom It May Concern
American Promotional Events. Inc. dba TNT@ Fireworks is an approved National
Supplier for 2007 to conduct fireworks sales on our stores' parking lots where tlis type
of promotion is legal Events usually run 7 to 10 days with set up beginning
approximately 5 days prior to the event
.
An American Promotional Events, Inc dba TNT@ Fireworks representative wil call you
to introduce the company and discuss your participatioh in the event. Participation in
this event is not mandatory, but does add additional income to your bottom line profits
The Store Manager must approve the store's participation and placement on lhe parking
lot by store stamping the Pre-Sale Survey. Then, Other Income will send an email to the
store verifying approvaL TNT@ Fireworks is responsible for obtaining all necessary
permits and/or licenses and must display such permits and/or licenses at each location
Thank you in advance for your cooperation in this matter and if you have any ~estions,
please contact Other Income at (479) 273-4516.
Sincerely,
d1?ti: 1Jf
Rob Grippi
Project Manager ~ Other Income
Wal-Mart Stores. Inc.
t
.
dl..,,;l, '" \..'t)I-,j IckllldL ~IJU(' \\';;I'I\lart Stur~'s ill~' :\:1 rlgl]:., Il'~L'r,...<J
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.
CHIROPRACTIC OFFICE LEASE
Landlord: Hutchinson Area Health Care
Tenant:
Lease Date:
,2007
Lease Term:
,20
, 2007 ("Commencement Date") to and including
, unless sooner terminated as herein provided.
Premises: That real property in Meeker County, Minnesota, legally described as
Security Deposit: $ , which deposit shall be restored to such amount by Tenant
upon demand by Landlord if all terms of this lease are complied.
Witnesseth that, in consideration of the Lease for the Premises, the rents agreed to be paid, and of
all the other mutual covenants and agreements contained herein,
It is agreed:
. Premises and Use.
Landlord hereby leases to Tenant and Tenant hereby accepts and leases from Landlord, for
the term set forth above, the Premises, together with the right to use, along with their agents,
customers, employees and invitees, the parking areas, walkways, driveways and any other
areas located on the real property including in or on any structures on the real property in
accordance with this Lease, and subject also to any and all existing leases, encumbrances,
conditions, covenants, easements, restrictions and rights of way, whether or not of record, and
any other matters of record, if any, and to such matters as may be disclosed by an inspection
or a survey.
The Premises shall be occupied and used exclusively by Tenant for the practice of the
chiropractic arts and massage therapy only (provided, however, that Landlord does not hereby
make any warranty or representation, expressed or implied, that the Premises may be used for
such purposes under applicable building, zoning and other laws, ordinances and codes), and
for no other purpose in compliance with all applicable federal, state and local laws, ordinances,
codes, rules, regulations and orders and also in compliance with any rules that the Landlord
may implement with regard to the Premises and the same as they may be from time to time
supplemented or amended. Tenant shall, at its expense, make any and all alterations and
improvements to the Premises required at any time in order for the Premises and the use
thereof to comply with such laws, ordinances, rules, regulations and orders. No part of the
Premises shall be used for any purpose which constitutes a nuisance or which is dangerous,
illegal or offensive, or which interferes with the general safety, comfort and convenience of the
.
U(h)
.
2.
.
.
Landlord and other tenants of the building, if any. If Tenant stores any dangerous substance
or material in or on the Premises, Landlord shall have the right, in addition to any other rights
and remedies it may have under this Lease or otherwise, to remove and store the same, at the
sole cost and expense of Tenant. If Tenant's use of the Premises causes an increase in such
insurance premiums, Tenant shall payor reimburse Landlord for the full amount of such
increase.
Rent
A. Tenant shall pay to Landlord during the lease term a yearly rent of $ ("Base
Rent") in equal monthly installments ("Monthly Base Rent") of $ per
month as suggested from time to time in accordance with the provisions of this Lease
payable in advance on the first day of each month during the lease term in lawful money
of the United States to the Landlord without any deduction, offset, counterclaim or
reduction whatsoever at the office of Hutchinson Area Health Care, 1095 Hwy 15 South,
Hutchinson, Minnesota 55350, or at any other such place as the Landlord shall
designate.
B. In the event that the lease term commences on a day other than the first day of the
month or terminates on a day other than the last day of the month, or both, the rent, as
defined below, including any adjustments therein made in accordance with this Lease,
payable during such first or last month, shall be adjusted on a pro rata basis.
C. If any amount due from the Tenant is not received by Landlord on or before the fifth (5th)
day following the date upon which set amounts become due and payable, a late charge
("Late Charge") of five percent (5%) of said amount shall become immediately due and
payable as set forth below. Landlord and Tenant agree that the Late Charge represents
a fair and reasonable estimate for the processing, accounting and other costs that
Landlord will incur by reason of such late payment. For each of Tenant's checks
payable to Landlord that is retumed by the depository bank for any reason attributable
to Tenant, Tenant shall pay a late charge, if applicable, a return Rent Charge of forty-
five dollars ($45.00), subject to Landlord's reasonable increases from time to time
without notice to, or consent of, Tenant ("Returned Rent Charge"), and any returned
check charge ("Returned Check Charge") which the depository bank has charged
Landlord for such check. All rent, as increased by Late Charges, Returned Rent
Charges, and Returned Check Charges which is not paid within ten (10) days after due
shall bear interest from the date due until the date paid at the rate of eighteen percent
(18%) per annum or the highest rate permitted by law whichever is more. All Late
Charges, Returned Rent Charges, Returned Check Charges and interest accrued
pursuant to this Section 2(c) shall be deemed additional rent and shall be due and
payable, along with other rent then arrears, within ten (10) days after Tenant receives
Landlord invoice for such charges. Landlord shall be entitled to apply for any funds
received from Tenant pursuant to this Section 2(c) to amounts then due and owing by
Tenant to Landlord, regardless if such amounts are in arrears, in a manner determined
by Landlord and Landlord's solo and absolute discretion. Nothing in this Lease shall be
construed so as to compel Landlord to accept payment of rent in arrears should
~[V\)
.
3.
4.
.
5.
6.
.
Landlord elect to apply Landlord's rights and remedies available under this Lease or at
law or in equity in the event of a Tenant default. Landlord's acceptance of rent in
arrears pursuant to this Section 2(c) shall not constitute a waiver of Landlord's rights
and remedies under this Lease or at law or in equity.
Acceptance of Premises.
Tenant acknowledged that it has inspected the Premises and accepts the Premises in their "as
is" condition, and the equipment, plumbing, drains, fixtures, appliances and machinery therein
in their present condition as suitable for the purposes for which they are leased, and further
acknowledges that no representations as to the repair of the Premises, nor promises to alter,
remodel, or improve the Premises, having been made by Landlord, accept as may be provided
in an exhibit attached hereto and made part hereof. Tenant's taking possession of the
Premises or any portion thereof shall be conclusive evidence against Tenant and that portion
of the Premises taken possession of was then in good order and satisfactory condition.
Utilities.
Tenant shall pay for all utilities that are now or in the future shall be separately metered to the
Premises, including gas, electricity, water and sewer and other utilities service used within the
Premises during the term of this Lease. Tenant understands, acknowledges and agrees that
anyone or more of the utilities or other building services identified above may be interrupted
by reason of accident, emergency or other causes beyond Landlord's control, or may be
discontinued or diminished temporarily by Landlord or other persons until certain repairs,
alterations or improvements can be made; that Landlord does not represent or warrant the
uninterrupted availability of such utilities or building services; and that any interruptions shall
not be deemed an eviction or disturbance of Tenant's right to possession, occupancy and use
of the Premises or any part thereof, or render Landlord liable to Tenant in damages by
abatement of rent or otherwise, or relieve Tenant from the obligation of performance covenants
under this Lease.
Maintenance by Landlord.
Subject to the provisions of Article 2 - "Rent" hereof, and provided Tenant is not in default, as
defined in Article , Landlord shall, at its expense, keep in good order, safe condition and
repair, the exterior walls, roof, floor, foundation, and interior support columns of the Premises,
except as otherwise herein which may be more specifically stated in this Lease.
Maintenance by Tenant
Tenant shall be solely responsible for providing and paying for its own trash removal, janitorial
services, including without limitation window washing, for the Premises. Further, except for the
repairs which Landlord is expressly obligated to make under Article 5, Tenant shall be solely
responsible for the maintenance and repair and good working order, and condition of all parts
of the Premises, including without limitation: the interior of the Premises; entrance and interior
doors; overhead doors; re-keying and related repairs of locks located in or serving the
u{n)
.
7.
.
.
Premises; and replacement of broken glass located in or forming a part of the perimeter of the
Premises. Tenant shall be responsible for all lawn maintenance and snow removal from the
premises.
Insurance.
A. At all times during the lease term, Tenant shall, at its sole cost and expense, maintain in
full force and effect, insurance protecting Tenant and Landlord, and the respective
agents, and any other parties designated by Landlord from time to time, with terms,
coverages and accompanies at all times satisfactory to Landlord as follows:
i. Commercial general liability insurance against claims for personal injury, death or
property damage occurring in connection with the use and occupancy of the
Premises, including contractual liability insuring the indemnification provisions
contained in this Lease, naming Landlord, and Landlord's mortgagee, principals
and principal's beneficiaries, if any, as additional insureds such insurance to
afford protection to the limit of not less than $1,000,000 for each occurrence and
annual aggregate.
ii. At all times when any work is in process in connection with any change or
alteration being made by Tenant, Tenant shall require all contractors and
subcontractors to maintain the insurance described in (i.) and (ii.) above.
Landlord and Landlord's mortgagee, principals and principals' beneficiaries, if
any, will be added as additional insureds to such policies, and evidence of the
same shall be delivered to the Landlord.
iii. Property insurance on an "all-risk" basis (including sprinkle leakage, if applicable)
for the full replacement cost of all additions, improvements and alterations to the
Premises and of all office equipment, fumiture, trade fixtures, merchandise and
all other items of Tenant's property on the Premises. Tenant agrees to have
such insurance policies endorsed to provide for a waiver of subrogation against
Landlord by the insurance carrier.
B. Tenant shall, prior to the commencement of the term hereof and prior to the expiration
of any policy, furnish Landlord certificates evidencing that all required insurances in
force providing that such insurance may not be cancelled or changed without at least
thirty (30) days prior written notice to the Landlord and Tenant (unless such cancellation
is due to nonpayment of premiums, in which event ten (10) days prior notice shall be
provided).
C. Tenant shall comply with all applicable laws and ordinances, all orders and decrees of
any court and all requirements of other governmental authority and shall not directly or
indirectly make any use of the Premises which may thereby be prohibited or be
dangerous to persons or property or which may jeopardize any insurance coverage, or
may increase the cost of insurance or require additional insurance coverage.
D. Landlord agrees to carry policies insuring the project which are written on a "special
form" (all-risk) basis including the perils of water damage and theft and including
~(h)
.
coverage for loss of rental income. Landlord's coverage will be written on a
replacement-cost basis for such improvements and shall include leasehold
improvements which are to remain upon Tenant vacating the Premises. Such policy
shall not, however, include floor, wall coverings, trade fixtures, special equipment, stock,
merchandise and personal property of Tenant.
E. All personal property of any kind that may be on or about the Premises shall be at the
sole risk of Tenant, and Landlord shall have no liability to Tenant for any theft or
damage thereof. Landlord and its tenants, servants or employees, shall not be liable for
any injury, loss or damage to any persons or property on or about the Premises from
any cause whatsoever, unless the same is caused by or due to the gross negligence of
Landlord and there is no fault or negligence of Tenant and Tenant shall save Landlord
harmless and indemnify against such injury, loss or damage, or claim or liability thereof
arising from any omission, neglect, or default of Tenant.
8. Indemnification.
Tenant shall indemnify and save harmless Landlord against all liabilities, damages, claims,
fines, penalties, costs, and other expenses, including all attorneys' fees, which may be
imposed upon, incurred by, or asserted against Landlord by reason of the following:
.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
any use or condition of the Premises or any part thereof;
any personal injury or property damage occurring on the Premises;
any negligence on the part of Tenant, its agents, contractors,
licensees, invitees, customers, employees, or patients;
any failure to comply with any requirement of any govemmental
authorities;
any prosecution or defense of any lawsuit or other proceeding in
discharging the Premises or any part thereof from any liens,
judgments, or encumbrances, created upon or against the same or
against Tenant's leasehold estate;
any proceedings in obtaining possession of the Premises after the
termination of this Lease by forfeiture or otherwise;
any litigation commenced by or against Tenant to which Landlord is
made a party without any fault on the part of the Landlord;
any response costs, other damages, and expenses (including
attorneys' fees) which may be imposed upon, incurred by or asserted
against Landlord by reason of the use, release, threatened release or
disposal of hazardous substances at the Premises;
any failure on the part of Tenant to perform or comply with any
covenant or agreement required to be performed or complied with by
Tenant hereunder.
9. Waiver of Claims, Subrogation.
.
(Q(h)
.
10.
.
.
Landlord and Tenant release each other from any liability for loss or damage by fire or other
casualty coverable by a standard form of property insurance policy, whether or not the loss or
damage resulted from the negligence of the other, its agents or employees. Each party will
use reasonable efforts to obtain policies of insurance which provide that this release will not
adversely affect the rights of the insureds under the policies. The releases in this section will
be effective whether or not the loss was actually covered by insurance.
Impairment of Use.
If the Premises or any part of the Premises shall be damaged by fire or other casualty and if
such damage does not render all or a "substantial portion" (as determined by Landlord) of the
Premises untenantable, then Landlord shall proceed to repair and restore the Premises with
reasonable promptness, subject to reasonable delays for insurance adjustments and delays
caused by matters beyond Landlord's control. If any such damage renders all or a substantial
portion of the Premises or the project untenantable, Landlord shall with reasonable
promptness after the occurrence of such damage, estimate the length of time that will be
required to substantially complete the repair and restoration of such damage and shall by
notice advise Tenant of such estimate. If it is so estimated that the amount of time required to
substantially complete such repair and restoration will exceed one hundred eighty (180) days
from the date of such damage occurred, then either Landlord or Tenant (but as to Tenant, only
if after all or a substantial portion of the Premises are rendered untenantable) shall have the
right to terminate this Lease as of the date of such damage upon giving notice to the other at
any time within twenty (20) days after Landlord gives Tenant the notice containing said
estimate (it being understood that the Landlord may, if it elects to do so, also give such notice
of termination together with the notice containing said estimate). Unless this Lease is
terminated as provided in the preceding sentence, Landlord shall proceed with reasonable
promptness to repair and restore the Premises, subject to reasonable delays for insurance
adjustments and delays caused by matters beyond Landlord's control, and also subject to the
zoning laws and building codes then in effect. Landlord shall have no liability, and Tenant shall
not be entitled to terminate this Lease if such repairs and restoration are not in fact completed
within the time period estimated by Landlord, as aforesaid, or within one hundred eighty (180)
days, so long as Landlord shall proceed with reasonable diligence to complete such repairs
and restoration. Notwithstanding anything to the contrary herein set forth, (a) Landlord shall
have no duty pursuant to this section to repair or restore any portion of the alterations,
additions or improvements made by Tenant in the Premises or to expend for any repair or
restoration amounts in excess of insurance proceeds paid to Landlord and available for repair
or restoration, and (b) Tenant shall not have the right to terminate this Lease pursuant to this
article of the damage or destruction was caused by the act or neglect of Tenant, its agents,
partners or employees. In the event of any such fire or casualty damage not caused by the act
or neglect of Tenant, its agents, partners or employees, renders the Premises untenantable
and Tenant is not occupying the Premises, and if this Lease shall not be terminated pursuant
to the foregoing provisions of this section by reason of such damage, then Rent shall abate
during the period beginning with the date of such damage and ending with the date when
Landlord completes its repair and restoration. Such abatement shall be in an amount bearing
the same ratio to the total amount of Rent for such period as the portion of the Premises not
ready for occupancy from time to time bears to the entire Premises. In the event of termination
lJ{h)
.
11.
.
.
of this Lease pursuant to this section, Rent shall be apportioned on a per diem basis and be
paid to the date of the fire or casualty.
ASSIGNMENT AND SUBLETTING.
A. Because Landlord wishes the party in possession of the Lease Premises to be
bound to Landlord by direct privity of contract, Tenant may not sublease the whole or any
part of the Premises without the prior written consent of Landlord, which consent may be
withheld in Landlord's sole and absolute discretion.
B. Tenant may not, voluntarily or by operation of law, assign, mortgage, pledge or
otherwise transfer this Lease without the prior written consenf of Lanalord, which
consent Landlord may grant or withhold in its absolute discretion, except as set forth
below. If Tenant is a corporation, then any transfer of this Lease by merger,
consolidation or liquidation, or any change in ownership of the shares of voting stock
shall constitute an assignment of this Lease, and, as such, shall require the prior
written consent of Landlord. If Tenant is a partnership, any transfer, assignment or
sale of a partnership interest, or any change in the partners comprising Tenant, shall
constitute an assignment of this Lease, and, as such, shall require the prior, written
consent of Landlord. In no event shall this Lease be assigned or assignable by
voluntary or involuntary bankruptcy proceedings or otherwise, and in no event shall
this Lease or any rights or privileges hereunder be an asset of Tenant under any
bankruptcy, insolvency or reorganization proceedings.
C. The prior written consent of Landlord to any such proposed assignment,
subletting or transfer shall not be withheld unreasonably, if all of the following conditions
are met:
1. The proposed assi~nee or sublessee has a net worth at least equal to
Tenant and Tenants Guarantor(s), as identified on attached Exhibit G
(if any) as of the date of signing this Lease, or the date of the
proposed assignment, whichever is greater;
ii. The proposed assignee or sublessee is creditworthy considering the
obligations
to be assumed under the Lease;
iii. The proposed assignee or sublessee has experience and expertise in
operating a business similar to that being conducted in the Premises;
iv.. The use of the Premises will comply with Article I, and, in addition, the
proposed assignee's use will not conflict with Landlord's current or
projected tenant mix of the Project or with exclusive uses granted or to be
granted to any other tenant(s) of the Project;
v. Tenant and Tenant's Guarantor(s) (if any) acknowledge in writing that
they will remain liable for the performance of all obligations pursuant
to the Lease;
vi.
Tenant, Tenant's Guarantor(s) (if any) and the proposed assignee or
sublessee agree in a written amendment to this Lease, in form and
substance acceptable to Landlord, that the Base Rent, as of the effective
date of such assignment shall become the greatest of the following:
(oc V\)
viii.
The Base Rent then applicable;
The prevailing market rate determined by Landlord for Base Rent
for similar space in the Project at the time of the assignment.
No default by Tenant shall be in existence at the time of the request for
consent or at the time of the actual assignment;
The proposed assignee or sublessee is not currently a tenant in the
Building or other building owned by Landlord, and Landlord is not currently
negotialing a lease with lhe proposed assignee or sublessee for space in
the Building or another buildmg owned by [andlord.
(I)
(2)
.
vii.
D. If Tenant desires to assign the Lease, it shall so notify Landlord in writing at
least thirty (30) days prior to the proposed effective date of the assi!;jnment. Tenant shall
provide Landlord with: a copy of the proposed assignment, financial information, bank
references and financial statements of the proposed assignee; a copy of the agreements
referenced in Sub-Articles 17(v) and 17(vii) above; and, such further information as
Landlord might request concerning the proposed assignee. Within fifteen (15) days after
Landlord's receipt of all required information concerning the proposed assl!;jnee, and the
satisfaction of all of the conditions specified in SubArticles 17(c)(i) through I 7( c)(vii) above,
Landlord shall have the following options:
i. To cancel this Lease and upon such cancellation, all parties shall be
released ITom liability hereunder for obligations arising thereafter and
Tenant will immediately vacate the Premises;
.
To consent to the proposed assignment; or
To refuse to consent if reasonable grounds exist therefor, provided that if
the conditions specified in Sub-Articles 17(c)(i) through 17( c)(vii) are not
satisfied, Landlord's consent to the proposed assignment may be withheld
or granted in its sole and absolute discretion.
E. If Tenant, having first obtained Landlord's consent in accordance with the .
foregoing provision of this article, shall assign this Lease or sublet the Premises, or any
part thereof, at a rental or for other monetary consideration in excess of the Rent or pro
rata portion thereof due and payable by Tenant under this Lease, then Tenant shall pay to
Landlord, as Additional Rent (I) on the first day of each month during the term of any
sublease, one-half (-) of the excess of all rent and other consideration due from the
subtenant or assignee for such month over the Rent then payable to Landlord pursuant to
the provisions of this Lease for said month (or if only a portion of the Premises is being
sublet or assigned, the excess of all rent and other consideration due from the subtenant
or the assignee for such month over the portion of the Rent then payable to Landlord
pursuant to the provisions of this Lease for said month which is allocable on a square
footage basis to the space sublet) and (2) immediately upon receipt thereof, one-half (-) of
any other rent or consideration received by Tenant from such assignment or subletting.
ii.
iii.
.
F. If Tenant is a corporation, (other than a corporation whose stock is traded
through a national or regional exchan~e or over-the-counter), any transaction or series of
transactions (including, without limitation, any dissolution, merger, consolidation or other
reorganization of Tenant, or any issuance, sale, gift, transfer or redemption of any capital
stock of Tenant, whether voluntary, involuntary or by operation of law, or any combination
of any of the foregoing transactions) resulting in the transfer of control of Tenant, other
than by reason of death, shall be deemed to be transfer of Tenant's interest under this
Lease for the purpose of this article. If Tenant is a partnership, any transaction or series of
V (h)
.
12.
.
.
transactions (including, without limitation, any withdrawal or admittance of a partner or any
change in any partner's interest in Tenant, whether voluntary, involuntary or by operation
of law, or any combination of any of the foregoing transactions) resulting in the transfer of
control of Tenant, other than by reason of death, shall be deemed to be a transfer of
Tenant's interest under this Lease for the purposes of this article. The term "control" as
used in this article means the power to directly or indirectly direct or cause the direction of
the management or policies of Tenant. If Tenant is a corporation, a change or series of
changes in ownership of stock which would result in direct or indirect change in ownership
by the stockholders or an affiliated group of stockholders of less than fifty percent (50%) of
the outstanding stock as of the date of the execution and delivery of this Lease or which
are effected through a recognized stock exchange to stockholders not acting in concert to
obtain control shall not be considered a change of control.
G. Consent by Landlord to any assignment, subletting, use or occupancy, or transfer shall not
operate to relieve the Tenant from any covenant or obligation hereunder, except to the
extent, if any, expressly provided for In such consent, or be deemed to be a consent to or
relieve Tenant from obtaining Landlord's consent to any subsequent assignment, transfer,
lien, charge, subletting, use or occupancy. Tenant shall pay all of Landlord's costs,
charges and eXfensesi including reasonable attomEl}"s fees incurred in connection with
anyassignmen or sub ease requested or made by Tenant.
AL TERA nONS AND MECHANIC'S LIENS.
A. Tenant shall not make any alterations of, or additions to, the Premises without the prior
written consent of Landlord. Landlord shall have the right to approve all plans,
specifications, contractors, and laborers to be used for such alteration or addition.
B. At the termination of this Lease, Tenant shall, if Landlord so elects, remove all temporary
or permanent alterations, additions, improvements, installations, hardware and non-trade
fixtures erected or installed by Tenant and restore the Premises to their original condition;
otherwise such alterations, a<:lditions, improvements, installations, hardware, and non-
trade fixtures shall be delivered up to the Landlord with the Premises; provided, however,
if prior to the expiration or earlier termination of this Lease, or within ten (10) days
thereafter, Landlord so directs by notice, Tenant shall promptly remove, at Tenant's cost,
such alterations, additions, improvements, installations, hardware and non-trade fixtures. If
Tenant fails to remove such items upon such request, Landlord may do so at Tenant's
expense which Tenant shall reimburse Landlord for upon demand. All movable office
fumishings and trade fixtures installed by Tenant may be removed by Tenant at the
termination of this Lease if Tenant so elects, and shall be removed if required by Landlord.
All such removals and restoration shall be accomplished in a good and workmanlike
manner so as not to damage the primary structure or structural qualities of the Premises.
Personal property remaining in the Premises at the expiration or termination of the term of
this Lease stiall De deemeaabandoned, and become the property of Landlord, and
Landlord may dispose of the same as Landlord deems eXl?edient. The provisions of this
section shall survive the expiration or earlier termination of this Lease. Notwithstanding
anything to the contrary in this Lease Landlord may retain Tenant's Security Deposit after
the expiration or earlier termination of this Lease until the earliest of the following events to
occur: (a) Landlord elects to retain such alterations, additions, improvementsJ installations,
hardware and non-trade fixtures; (b) Landlord requires Tenant to remove ana restore
certain areas or items of the Premises and Tenant completes and has paid for such work;
or (c) Landlord removes and restores certain areas or items and has been paid for the cost
thereof by Tenant. In the event that Tenant refuses to pay for the work within twenty (20)
days after Tenant's receipt of Landlord's notice requesting such payment, Landlord may
apply all or any portion 0 the Security Deposit toward the payment of such unpaid costs
relative to the removal and restoration work. The retention or application of such Securi!)l
Deposit by Landlord pursuant to this section does not constitute a limitation or waiver of
Landlord's right to seek further remedy under law or equity.
(lh)
.
.
.
C. Notwithstanding anything to the contrary contained in this Lease, Landlord shall in all
events have the rig lit to prescribe the weight and position of any safes and other heavy
equipment placed In or on the Premises by Tenant. Any and all damage or injury to the
Premises or the Project caused by moving the property of Tenant in or out ofthe
Premises, or due to the same being in or on the Premises, shall be repaired by Tenant at
its sole cost and eXRense. No equipment, fixtures, fumiture or other bulky matter will be
received into or carried in the Project, except in or at such places, at such times and in
such manner as are approved by Landlord, and all moving of Tenant's pro!?erty in or out of
the Premises shall be done only under the direct control and supervision of Landlord;
provided, however, that Landlord shall not be responsible for any damage to or charges
for moving such property.
D. All work in connection with any alterations, improvementstchanges, additions or repairs in
the Premises or the Project made by or for the benefit of enanfshaU be performed in full
compliance with all laws, ordinances regulations, rules and requirements of all
governmental entities having jurisdiction and in full compliance with all insurance rules,
orders, directions, regulations and requirements. If there is now or if there shall be
installed in the Project a sprinkler system, and if any fire rating bureau or any similar body
having jurisdiction or any governmental authority having jurisdiction requires or
recommends that any changes, modifications, alterations, additional sprinkler heads or
other equipment be made or supplied by reason of Tenant's business or the improvements
it has added or the location of partitionsl trade fixtures or other contents of the Premises,
or if any such changes, modifications, a terations, additions or other equipment become
necessary to prevent imposition of a penalty or charge against the full allowance for a
sprinkler s,!,stem in the fire insurance rate as fixed by said bureau or by any fire insurance
comp-any, Tenant shall, at its own cost, promptly make and supply all such changes,
modifications, alterations, additional sprinkler heads or other equipment.
E. Before work is commenced as p'rovided in this articlei Tenant shall give Landlord at least
fifteen (15) days' written notice. Landlord shall be enti led to enter the Premises during
regular hours to post a notice of non-responsibility. Tenant shall secure, at Tenant's own
cost, payment and performance bonds, satisfactory to Landlord, for said work, and during
the progress of the work Tenant shall at its sole cost and expense, upon Landlord's
requesf, fumish Landlord with sworn contractor's statements and lien waivers covering all
work theretofore Rerformed, together with such endorsements to Landlord's title insurance
policy as Landlora may require. Tenant will not permit any mechanics', laborers' or
materialmens' liens to stand against the Premises or the Project for labor or materials
claimed to have been furnishea in connection with any work performed or claimed to have
been performed in or about the Premises. If any such mechanics' lien shall at any time be
filed against the Premises or the Project, Tenant shall cause the same to be discharged of
recorawithin twenty (20) days after the date of filing. If Tenant fails to discharge sucli
mechanics' lien witliin such period, then, in addition to any other right or remeay of
Landlord, Landlord may, but shall not be obligated to, procure its discharge by paying the
amount claimed to be due, or by deposit in court, or by bonding, and in any such event
Landlord shall be entitled, if Landlord so electsl to compel the prosecution of an action for
the foreclosure of such mechanics' lien by the lienor and to Ray' the amount of the
judgment, if any, in favor of the lienor witli interestJ costs ana allowances. Any amount paid
by [and lord for any of the aforesaid purposes, ana all reasonable legal and other expenses
of Landlor~} including reasonable counsel fees, with interest thereon at the rate of two
percent (2%) per month until all monies are Qaid, shall be deemed Rent hereunder and be
Rayable by Tenant to Landlord on demand. Tenant agrees to indemnify, hold harmless and
aefend Landlord from any loss, cost, damage or expense, includil)g atforney's fees, arising
out of any such lien claim or out of any other claim relating to work done or materia s
supplied to the Premises at Tenant's request or on Tenant's behalf.
&Ch)
.
13. DEFAULT OF TENANT AND REMEDIES.
13.1 DEFAULTS. The following events shall be deemed to be events of Default by
Tenant under this Lease:
A. Tenant shall fail to pay any installments of Base Rent hereby
reserved or any other Rent when due or any other charge payable
hereunder when due.
B. Tenant shall become insolvent, or shall make a transfer in fraud of
creditors, or shall make an assignment for the benefit of creditors.
C. Any voluntary petition in bankruptcy or for corporate reorganization
or any similar relief shall be filed QY Tenant, or if any involuntary petition in
bankruptcy shall be filed against Tenant under any federal or state
bankruJ)tcy. or insolvenc'{act and shall not have been dismissed within
sixty (6U) aays from the Tiling thereof.
D. A receiver or trustee shall be appointed for all or substantially all of
the assets of Tenant.
E. Tenant shall abandon or vacate any substantial portion of the
Premises.
.
F. Tenant shall cause or suffer a lien to be filed against the Premises
or any part thereof.
G. Tenant shall fail to comply with any term, provision or covenant of
this Lease (other than the forejloing in thiS Section 16.1) and shall not
cure such failure within ten (1u) days after notice from Landlord.
.
13.2 REMEDIES. Tenant hereby agrees that in case Tenant shall Default in making its
payments hereunder or in performing any of the other agreements, terms, and
conditions of this Lease, then, in any such event, Landlord, in addition to all other rights
and remedies available to Landlord by law or by other provisions hereof, at Landlord's
option, may (i) end this Lease after giving Tenant an additional five (5) days' notice of its
intention to do so and in accordance with any laws governing such termination, and
Tenant shall then surrender the Premises to Landlord; (ii) Landlord may enter and take
possession of the Premises, in accordance with any laws governing such repossession,
and remove Tenant, with or without havin~ terminated the Lease. Landlord's exercise of
any of its remedies or its receipt of Tenant s keys shall not be considered an acceptance
or surrender of the Premises by Tenant. A surrender must be agreed to in writing and
signed by both parties; or (iii) Landlord may, after an additional five (5) days' notice, take
such action as may be necessary to cure such Default and charge the reasonable cost
of cure to Tenant as Rent. If Landlord terminates this Lease or terminates Tenant's right
to possess the Premises because of a Tenant Default, Landlord may hold Tenant liable
for: (i) the Rent payable by Tenant to Landlord prior to the expiration of the Term and
the present value of any future Rents payable over the remainder of the Term, less any
amount which Landlord receives from reletting the Premises after all of Landlord's
reletting cost have been subtracted; (ii) any amounts Landlord incurs in reletting the
Premises during the remainder of the Term, including but not limited to reasonable
attorneys' fees, brokers' commissions, and tenant improvement costs and allowances;
and (iii) other necessary and reasonable expenses incurred by Landlord in enforcing its
wCr')
.
.
15.
16.
.-
remedies. Tenant shall pay any such sums due within thirty (30) days of receiving
Landlord's proper and correct invoice for the amounts. For purposes hereof present
value shall mean the discounted present value of the amount owing at an interest rate
of the rate payable on a U.S. government security having a maturity date closest to the
expiration of the Term.
14.
SUBORDINATION OF LEASE/ESTOPPEL CERTIFICATE.
14.1 SUBORDINATION OF LEASE. The rights ofTen ant under this Lease shall be
and are subject and subordinate at all times to all ground leases, and/or
underlying leases, if any, now or hereafter in force against such leases and/or the
Premises, and
to all advances made or hereafter to be made upon the security thereof, and to
all renewals, modifications, consolidations, replacements and extensions thereof.
This Article 15 is self-operative and no further instrument of subordination shall
be required. In confirmation of such subordination Tenant shall execute within
ten (10) business days after receipt from Landlord, such further instruments as
may be reasonably requested by the Landlord; provided, however, that such
instruments do not impose additional obligations or burdens upon Tenant, that
this Lease remains unmodified and that the mortgagee or ground lessor agrees
in such instrument that Tenant's peaceable and quiet possession of the
Premises under this Lease will not be disturbed so long as Tenant is not in
default under this Lease. Tenant hereby irrevocably appoints the Landlord as
attorney-in-fact for Tenant with full power and authority to execute and deliver in
the name of the Tenant any such instrument or instruments. Tenant at the option
of any mortgagee, or the Landlord under any such ground lease or underlying
lease, agrees to attorn to such mortgagee or Landlord in the event of a
foreclosure sale or deed in lieu thereof or termination by the Landlord of any
such lease. Failure of Tenant to execute any of the above instruments within ten
(10) days upon written request to do so by Landlord shall constitute a breach of
this Lease and Landlord may, at its option, in addition to any other remedies,
cancel this Lease and terminate Tenant's interest herein.
HOLDING OVER. Tenant shall pay Landlord for each day Tenant retains possession of the
Premises or any part thereof after termination of this Lease, by lapse of time or otherwise, an
amount which is 150% of the amount of Rent for a day (computed on a year of 360 days)
based on the annual rate of Base Rent to the period in which such possession occurs (and if
such possession occurs following the full term of this Lease, 150% of the annual Base Rent
applicable in the last year of this Lease), and Tenant shall also pay all damages, consequential
as well as direct, sustained by Landlord by reason of such retenllon'. If Landlord gives written
notice to Tenant of Landlord's election thereof such holding over shall constitute a renewal of
this Lease for one year at a market rate determined by Landlord, but acceptance by Landlord
of rent after such termination shall not of itself constitute a renewal. Nothing in this Article
contained, however, shall be construed or operate as a waiver of Landlord's right of re-entry or
any other right of Landlord."
NOTICES.
A. Each provision of this instrument or of any applicable governmental laws, ordinances,
regulations and other requirements with reference to the sending, mailing or delivery of any
notice or the making of any payment by Landlord to Tenant or by Tenant to Landlord shall be
deemed to be complied with, when and if, the following steps set forth in this Article 17 are
taken.
&Cyt)
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17.
.
B. Any notice or document required or permitted to be delivered hereunder
shall be deemed to be delivered, whether actually received or not, when deposited in the
United States mail, postage prepaid, certified or registered mail, addressed to the parties
hereto at the respective aadresses set out opposite their names below, or at such other
address as they have theretofore specified by written notice delivered in accordance herewith:
Landlord:
Tenant:
C. Any notice or document required or permitted to be delivered hereunder by Landlord to
Tenant also shall be deemed to be delivered if and when delivered personally to Tenant at the
Leased Premises.
ACCESS BY LANDLORD.
Landlord, its agents and representatives shall be entitled
to keep pass keys to the Premises and shall have the right to enter and inspect the Premises
at any time for the purpose of ascertaining the condition thereof or in order to make such
repairs as may be required to be made by Landlord under the terms of this Lease or as
Landlord may deem necessary. During the progress of any such work, Landlord may keep and
store all necessary materials, tools and equipment upon the Premises. Landlord and its agents
and representatives shall have the right to enter the Premises at reasonable times to exhibit
the same for the purpose of sale or mortgage, and during the last six (6) months of the Lease
Term, Landlord and Landlord's agents and representatives shall have the right to enter the
Premises at reasonable times for the purpose of showing the Premises and shall have the
right to erect on the Premises a suitable sign indicating that the Premises are available. Any
such entry by Landlord shall never be deemed an eviction or disturbance of Tenant's
possession of the Premises, or render Landlord liable to Tenant for damages, or relieve
Tenant from performance of Tenant's obligations under this Lease.
The right of entry reserved shall not be deemed to impose any weater obli~ation on Landlord
to clean, maintain, repair or change the Premises than is speCifically proVided in this Lease.
Landlord, its agents and representatives may at 'any time in case of emergency enter the
Premises and do such acts as Landlord may deem proper in order to protect the Premises, the
Project, or any occupants of the Project.
18. HAZARDOUS SUBSTANCES.
A. Hazardous Substance. As used herein, "Hazardous Substance" shall mean any
substance, element, compound, solution, mixture, or combination thereof which because of its
quantity, concentration, or Physlcadl chemical or infectious characteristics presents, may present or
could present, danger or potential anger for damage, injury, or illness to health, welfare or to the
environment including, but not limited fo: (i) those substances which are inherently or potentially
radioactivej explosive, ignitable, corrosive, reactive, carcinogenic or toxic, (ii) the following: asbestos,
.urea forma detiyde, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive
aterials, known carcinogens and petroleum productsl and (iii) other substances or materials which
r'e defined as hazardous substances or which are inCluded under or regulated by any local, state or
(PC h.)
.derallaw, rule or regulation pertaining to environmental regulation, contamination or cleanup,
_c1uding without limitation the following:
Resource Conservation and Recovery Act of 1976,42 U.S.C. 9 6901 et. sea.
Comprehensive Environmental Response, Compensation, and Liability Act of 1980,40
U.S.C.9 1801 et sea.
Clean Air Act, 42 U.S.C. 99 7401-7626.
Water Pollution Control Act (Clean Water Act of 1977),33 U.S.C. 9 1251 et. sea.
Insecticide, Fungicide, and Rodenticide Act (Pesticide Act of 1987),7 U.S.C. 9 135 et.
sea.
Toxic Substances Control Act, 15 U.S.C. 92601 et. sea.
Safe Drinking Water Act, 42 U.S.C. 9 300(f) et. sea.
National Environmental Policy Act (NEPA) 42 U.S.C. 94321 et. sea.
Refuse Act of 1899,33 U.S.C. 9407 et. sea.
or any other state or federal super lien or environmental cleanup statutes, laws, ordinances or
regulations, all as the same may be amended from time to time.
B. Tenant's Responsibility. Tenant hereby covenants, represents and warrants to Landlord
that all times during the term of this Lease, and by extensions or renewals thereof, Tenant shall not
~anufacture, process, distribute, use, produce, treat, store, dispose, or allow to be present any
azardous Substance in or about the Premises. Tenant further covenants and agrees, that it shall
romptly comply at Tenant's sole cost and expense, with all laws, orders, rules, regulations,
certificates of occupancy, or other requirements as the same now exists or may hereafter exist, be
enacted, amended or promulgated, by any federal, municipal, state count or other governmental or
quasi-governmental authorities, and/or any department or agency thereof relating to the presence of
any Hazardous Substance in or about the Premises. All covenants, representations and warranties
herein contained shall be deemed to be continuing and shall survive the termination of the Lease.
C. Indemnification. Tenant hereby indemnifies and holds harmless Landlord, its
successors and assigns, its partners~ employees and agents, against any and all liability, loss, claim,
damage or expense, (including fees TOr attorneys, paralegals, consultants, and experts, and
disbursements) due to the breach of any of the warranties, representations and covenants contained
herein, or due to any violation of environmental laws or any govemmental or judicial claimd order or
judgment with respect to the cleanup of any Hazardous Substance at or with such law, or er rule,
regulation, certificate of occupancy or other reguirement referred to herein or any adverse effect
wnlch results from the presence of any Hazardous Substance in or about the Premises. Included
within the indemnity herein provided is indemnity against the presence of Hazardous Substances on,
in or under the Premises. All costs indemnified against shall Dear interest at the lesser of 18% per
annum or the highest rate allowed by law from the date of the first act or failure to act by Tenant
which creates Hie obligation to indemnify and shall also include said interest on amounfs expended
by Landlord in enforcing its rights under this section. This Indemnification by Tenant of Landlord shall
survive the termination of the1-ease.
D. Notification. Tenant hereby agrees to immediately notify Landlord of any
presence of Hazardous Substance on the Premises and shall promptly remove the same in
accordance with all applicable laws and ordinances. Additionally, Tenant shall immediately notify
Landlord of any enforcement action of any type whatsoever commenced against Tenant by any
governmental agency or entity due the presence of Hazardous Substance on the Premises.
.
E.
The Premises shall not be used for the creation of any dangerous, noxious or
(Q(h)
.ffensive odors or fumes. Tenant will take all steps to prevent inadequate ventilation, emission
f chemical contaminants from indoor and/or outdoor sources and emissions of biological
contaminants. Tenant will assure adequate ventilation and operation of any HV AC systems
and/or office equipment under its control. Tenant will at all times use and operate the Premises
in such a manner as to minimize the risk of indoor air quality problems, sick building syndrome
and/or any diagnosable illness.
19. GENERAL.
A. Waiver of Default. No waiver of any default of either party hereunder shall be
implied from any omission by the other party hereunder to take any action on account of such
default if such default persists or is repeated, and no express Waiver of Subrogation shall
affect any default other than the default specified in the express Waiver of Subrogation and
that only for the time and to the extent therein stated. One or more waivers by Landlord or
Tenant shall not be construed as a waiver of a subsequent breach of the same covenant,
term or
condition.
B. Payments Deemed Rent. Any amounts of money To be paid by Tenant to
Landlord pursuant to the provisions of this Lease, whether or not such payments are
denominated "Rent" whether or not they are to be periodic or recurring, shall be deemed
Rent for purposes of this Lease; and any failure to pay any of same as provided in Article
13 - "Default of Tenant and Remedies" hereof shall entitle Landlord to exercise all of the
~ghts and remedies afforded hereby or by law for the collection and enforcement of
.1 enant's obligation to pay Rent. Tenanfs obligation to pay any such Rent pursuant to the
provisions of this Lease shall survive the expiration or other termination of this Lease and
the surrender of possession of the Premises after any holdover period.
D. Applicable Law. This Lease and all matters pertinent thereto shall be construed
and enforced in accordance with the laws of the State of Minnesota and venued in McLeod County,
Minnesota, and to the extent permitted by law, both parties hereto waive any right to trial by jury in
matters between said parties.
E. Bindin!j Effect. This Lease and the respective rights and obligations of the
parties hereto shall Inure to the benefit of and be binding upon the successors and
assigns of the parties hereto as well as the parties themselves; provided, however, that
Landlord, its successors and assigns shall be obligated to perform Landlord's covenants
under this Lease only during and in respect of their successive periods as Landlord
during the term of this Lease.
F. Severability. If any provision of this Lease shall be held to be invalid, void or
unenforceable, the remaining provisions hereof shall not be affected or impaired, and
such remaining provisions snail remain in full force and effect.
G. No Partnership. Landlord shall not, by virtue of the execution of this Lease or
the leasing of the Premises to Tenant, become or be deemed a partner of Tenant in the
conduct of Tenant's business on the t'remises or otherwise.
H. Headings, Gender, etc. As used in this Lease, the word "person" shall mean
and include, where appropriate, an individual, corporation, partnership or other entity; the
_ural shall be substituted for the singular, and the singular for the plural, where appropriate;
d words of any gender shall inclucfe any other gender. The topical headings ofthe several
(pc~)
.everal paragraphs of this Lease are inserted only as a matter of convenience and reference,
nd do not effect, define, limit or describe the scope or intent of this Lease.
I. Payment on Execution. Notwithstanding the provisions of Article 2 - "Rent" hereof,
the Base Rent for the period through the first full month of the term of this Lease for which Base
Rent is due and payable shall be paid upon the execution of this Lease.
J. Allocation of Rent. Landlord and Tenant agree that no portion of the Base Rent
paid by Tenant during the portion of the term of this Lease occurring after the expiration of any
period during which such Rent was abated shall be allocated by Landlord or Tenant to such
Rent abatement period, nor is such Rent intended by the parties to be allocable to any
abatement period .
K. Limitation on Liability. Notwithstanding any-thing to the contrary, herein
Landlord shall have no obligation, nor incur any liability, beyond the then interest, if any, of
Landlord in the Project, and Tenant shall look exclusively to such interest of Landlord in the
Project for payment and discharge of any obligations imposed upon Landlord hereunder, and
Landlord is hereby released and relieved of any other liability hereunder. Tenant shall look
solely to the estate or interest owned by Landlord in the Project and Tenant will not collect or
attempt to collect any such obligation or liabilities or any judgment therefore, out of any other
assets of Landlord.
20. SECURITY DEPOSIT.
A. Tenant has deRosited with Landlord the sum of $ Dollars f$l. Said
~m shall be held by Landlord as security for the faithful ~rformance by I enant of al the terms,
venants and conditions of this Lease to be kept and-.performed by Tenant during the Lease
erm. No interest shall be payable on said deposit. If Tenant defaults with respecfto any
Qrovision of this Lease, inClUding! but not limited to the provisions relating to ttie payment of
Rent, Landlord may (but shall no be required to) use apply or retain all or any part of said
security deposit for tlie payment of any Rent or any oIher sum in default, or for the payment of
any amount which Landlord may spend or become obligated to spend by reason of Tenant's
default, or to compensate Landrord for any other loss or damage which landlord may suffer by
reason of Ten anfs default. If any portion of said securitY. deposit is so used or applied, Tenant
shall, within five (5) days after wntten demand therefor, aeposit cash with Landlora in an amount
sufficient 10 restore said security deRosit to its original amount and Tenant's failure to do so shall
be a material breach of this Lease. If Tenant shalT fully and faithfully perform every provision of
this Lease to be performed by it, the security deposit or any balance thereof shall be returned to
Tenant (or, at Landlord's option, to the last assignee of Tenant's interest hereunder) at the
expiration of the Lease Term.
B. If Tenant is in Default under this Lease more than two (2) times within any twelve
(12) month period, irrespective of whether or not such Default is cured, then, without limiting
Landlord's other rights and remedies provided for in this Lease or at law or in eguity, the security
deposit shall automatically be increased ~ an amount equal to the greater of (i) three (3) times
the original security deposit, or (ii) three (;j) months' Monthly Base Rent which shall be paid to
Landlord on demand.
21. SIGNS.
Tenant shall not display, inscribe, print, maintain, or affix on any place in or
about the Premises any sign, notice, legend, direction, figure or advertisement, except as shall first
Aave been approved by the Landlord. The listing of any name other than that of the Tenant, whether
~n the doors of the Premises, on the Premises Directory, or otherwise, shall not operate to vest any
&;(R)
aght or interest in this Lease or in the Premises or be deemed to be written consent of the Landlord, it
~eing expressly understood that any such listing is a privilege extended by Landlord revocable at will
by written notice to Tenant. Also, Landlord shall have the right to install and maintain a sign or signs
on the exterior or interior of the Premises.
22. PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT.
Upon execution of this document Tenant agrees that it has purchased all of the
furniture, fixtures and equipment on the premises (except built-in wall cabinets) and
acknowledges that those items are purchased in "as is" condition and tenant waives all claims
and causes of action arising out of the use of those items and will defend, hold harmless and
defend the Landlord from any claims including those brought by third parties including
reasonable attomeys fees. Landlord specifically disclaims any and all statutory warranties for
these items including Warranties of Merchantability and Fitness for a Particular Use.
The Purchase price for these items will be Six Thousand Five Hundred and no/1 00 dollars
(6,500.00) and will be due and payable with the payment of the first months rent of the
premises..
IN WITNESS WHEREOF, the Landlord and Tenant have caused this Lease to be duly
executed as of the Lease Date set forth above.
LANDLORD
.
TENANT
Its:
Its:
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TO: Mayor & City Council
FROM: Kent Exner, City Engineer
RE: Consideration ofImprovement Project Change Orders
DATE: March 27, 2007
Ai; construction has proceeded on the below listed projects there have been additional work, project scope revisions, and
construction staging revisions. All of these items have been identified and deemed necessary to satisfactorily complete
the projects. The following Change Orders are proposed to address these items:
o Change Order No. I-Letting No. 13/ProjectNo. 06-15 - WWTF SCADA System
As previously discussed, the City recently let a project and approved a contract with E/ectrical
Installation & Maintenance Co. (ElM) ofMap/e Plaine to complete SCADA (supennsory control and
data acquisition) system improvements at the WWTF and other infrastrocmrefacilities. This contract
was awarded in the original bid amount of $8/2,896.00, with the understanding that it would be
decreased per the revised project scope at a later date. Thus. this Change Order will reduce the
project contract amount to $634.909.00.
o Change Order No.1-Letting No. 12/ProjectNo. 06-14 - WWTF Administration Building Expansion
This Change Order addresses six relatively minor constroction items determined necessary by Wold
Architects and Engineers. The summation of the cost increases and decreases results in a net
increase of $2/2.02 to the contract amount.
o Change Order No.2-Letting No. 14/ProjectNo. 06-16 - HATS Cold Storage Building
Due to the significant stretch of cold weather in February, it was determined to be in the best interest
of the project to defer installation of the concrete floor until well after the ground has thawed and
drainage provisions are in place. After the concrete floor is poured. the remaining work of sheeting
and wiring the building can be completed. Thus, City staffrecommends changing the completion date
for the project to July 15. 2007. without any changes to the original contract amount.
We recommend that the above Change Orders he approved In the amounts listed.
cc: Gary Plotz, City Administrator
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.~9N9l1H~@
V'NWv. donohue-2ssociates_com
RECEIVED
101 WEST OHIO STREET. SUITE 820
February 23, 2007
FEB 2 7 ;QD7
city of Hlh"',,;,SOIl
Eng. [k;pl..
If\JDiANAPOLiS, IN 46204
Mr. Kent Exner, PE
City Engineer
City of Hutchinson
III Hassan Street SE
Hutchinson, MN 55350-2522
PHONE 317-267-8200
FAX 317-267-8201
Re: City of Hutchinson, MN
WWTP SCADA System
Notice to Proceed, Contract Execution, and Change Order No.1
City of Hutchinson Project No. 06-15
Donohue Project No. 11114
Dear Mr. Exner,
10 accordance with the Notice of Award dated January 9, 2007, and the guidance provided in our
transmittal letter to the cootractor daied February 2, 2007, Electrical Iostallation and Maintenance, Ioc.
has completed their execution of the contract documents. Enclosed are the following:
1. Three copies of the insurance documents.
Prior to completing fmal execution of the contract documents, please have your insurance
representative review and confirm the insurance coverages and limits provided by the contractor for
this project. A copy of each insurance certificate is stapled to the back of the title page of each
document. The Supplementary Conditions (Article 5) give the bonds and insurance requirements
associated with this project.
2. Three originals of the Contract Documents.
Please refer to the pages in the Agreement section that has a post-it affixed to it. On this page, you as
the owner are to sign and date in the appropriate locations. I have indicated where a date or a
signature is needed by the red-colored "x" next to the location. Please sign and date these pages in all
three sets of the contract documents. Please note that the signed Performance and Payment bonds are
included in the contract documents. These locations are noted with blue post-its.
3. Three copies of the Change Order No. I.
This change order eliminates non-critical portions of the work to bring the bid price in line with
available funding. Please sign the change order after signing of the contract documents.
4. Three copies of the notice to proceed included in the original contract documents.
The Notice to Proceed shall not be signed and dated until contract execution is completed. Once the
contract execution is completed, the Notice to Proceed can be signed by the owner.
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If you find that all is acceptable, please sign and date the documents as noted above and return one copy
to the engineer and contractor representatives and keep one for your files.
Please contact me if you have any questions related to the execution of the Contract Documents or the
issuance of the Notice to Proceed.
Sincerely,
R!fB
Control Systems Engineer
Enclosures: As noted
Copy: AI Klein. Electrical Installation and Maintenance.
eo (C)
CHANGE ORDER NO.
1
CHANGE ORDER
DATE OF ISSUANCE
. OWNER
December 21. 2006
COMMENCEMENT OF
CONTRACT TIME
January 9. 2007
City of Hutchinson. Minnesota
CONTRACTOR
Electrical Installation & Maintenance
PROJECT
WWTP-SCADA System
CONTRACT NO. 11114
ENGINEER
Donohue & Associates. Inc.
YOU ARE DIRECfED TO MAKE THE FOLLOWING CHANGES IN THE CONTRACT DOCUMENTS:
DESCRIPTION: DELETE THE WORK ASSOCIATED WITH BID ITEM NOS. 3 AND 5.
REASON FOR CHANGE ORDER: TO REDUCE THE COST OF THE PROJECT.
ATTACHMENTS:
ATI ACHMENT A
$ 0
CHANGE IN CONTRACT TIMES
OriliZinal Contract Times: (daV-I (Jrdattx)
Substantial Completion: Phase I - May I. 2007
Ready for Final Payment: Phase I - June L 2007
Net increase (decrease) from preyious Change Orders: ,day')
Substantial Completion: 0
Ready for Final Payment: 0
Net increase (decrease) of this Change Order. (day')
Substantial Completion: 0
Ready for Final Payment: 0
Revised Contract Times: {day.f (1rdare.~)
Substantial Completion: no chan2:e
Ready for Final Payment: no chanf!e
CHANGE IN CONTRACT PRICE
Original Contract Price:
$ 812.896.00
Net increase (decrease) from previous Change Orders:
Net increase (decrease) of this Change Order:
$ -177.987.00
Revised Contract Price:
$ 634.909.00
CONTRACTOR agrees that this Change Order includes any and all costs associated with or resulting from the change ordered
herein, including all impacts, delays. and accelerated costs. Other than the dollar amount and time allowance listed above,
there shall be no other dollar or time compensation as a result of this Change Order.
THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL
STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO.
OWNER (signalllre)
ACCEPTED:
{1J 1~
CONTRACTOR (,.ig"ill"")
RECOM})lEr:mED:
By: MlI4tI
ENGINEER (,igunl",,)
. Date: F..I,,.......'] Z, 2.007
APPROVED:
i By:
By:
'f.. Date:
Date""fJ 1- (3 '7
Donohue & Associates, InC.
Project No. 11114
CHANGE ORDER
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ATTACHMENT A
TO CHANGE ORDER NUMBER 1
February 2, 2007
Change Ordered Herewith:
Because the bid amount of the project exceeded the City's budgeted amount, the City has opted to
delete the work associated with Bid Items 3 and 5 within the Bid Form to establish a revised
contract amount. By deleting Bid Items 3 and 5, which total $177,987, a revised contract amount
of $634,909 will be established for awarding the construction contract. This action is being
formalized in this Change Order No.1 to the project which is being executed concurrent with the
execution of the contract by the contractor and the City.
Further, as the project proceeds, the City would like to maintain the option to include some or all
of the work associated with the deleted Bid Items 3 and 5 into the project, as additional project
funds may become available. Electrical Installation & Maintenance Co., Inc. (ElM) has agreed to
honor the unit prices for this work, as indicated on their bid form, until April 16, 2007. If the City
decides to put back some or all of this work into the project, a second change order will be
executed by the end of April 2007 to fonnalize the inclusion of the selected work back into the
project; and will so notify ElM no later than the end of April 2007 of their decision. This will
allow ElM a minimum of three months prior to the projected start date of the Phase II work
(which is August 1, 2007), in order to prepare shop drawings, have them approved, order the
equipment, and have it ready to be installed by the projected start date.
If a Change Order No. 2 is executed, it will define the work being placed back into the project,
and the unit cost for said work will be the same amounts as provided on the original bid form
($36,657 for Bid Item 3 and $17,666.25 per lift station for Bid Item 5).
The contract times, as established in the contract documents, will not change.
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3 56'6 - 70 20- ;eb
~ /~/?'tJrP-(r
'AIA Document G70r" - 2001
Change Order
CHANGE ORDER NUMBER: One (1)
DATE: February 20, 2007
PROJECT (Name and address):
City of Hutchinson - Waterwaste
Treatment Facility Administration
BuildingExpansion l.,wi..... ,;1. . (),,-It/
1500 Adams Street J
Hutchinson, Minnesota 55350
TO CONTRACTOR (Name and address):
Ebert Construction
23350 County Rood 10
Lorette, Minnesota 55357
ARCHITECT'S PROJECT NUMBER: 062030
CONTRACT DATE: October 17. 2006
CONTRACT FOR: General Construction
OWNER: D
ARCHITECT: D
CONTRACTOR: D
FIELD: D
OTl1ER: D
THE CONTRACT IS CHANGED AS, FOLLOWS:
(include, where applicable, any undisputed amount atlributabl~ to previously executed Construction Change Directives)
PR#1
PR#2
PR#3
PR#4
PR#6
CP#2
SCADA control panel changes
Add footings for exterior stairs
PRovide dowel connection to existing slab on grade along Grid 3
Revise electrical related items at RnJ-l
Add structura1lintel at Door 14
Provide TridiumlHoneywell control package in lieu of Alerton controls
TOTAL CHANGE ORDER NO. I
1be original Contract Sum was
The net change by previously authorized Change Orders
l11e Contrad Sum prior to this Change Order was
The Contract Sum will be increased by this Change orner in the llIIlOunt of
The new Contract Sum including dris Change Order will be
The Contract Time will be unchanged by Zero ( 0 ) days,
1be date of Substantial Completion as of the date of this Change Order therefore is
No Cost
Add
Add
Deduct
Add
Deduct
$ 0.00
$1,547.07
$ 3%.88
($ 108.(0)
$ 876.07
($2,500,00)
Add
$ 212.02
$
$
$
$
$
I.I 06.200.00
0,00
1.106.200.00
212.02
I.I 06.412.02
NOTE: This Change Order does not include changes in the Contract Sum, Coomct Time or Guaranteed Maximum Price which
have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the: Owner and
Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.
NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.
~~I1J~ptt4m
CO CTOR (Finn fIG ) '/'1
,?H.fD a /t./
$~1"
CORES
Wold Architects and Engineers
ARCHITECT (Finn name)
",,'
DATE
City of Hutchinson
OWNER (Finn name)
III Hassan Street Southeast,
Hutchinson, Minnesota 55350
ADDRESS
BY (Signature)
(Typed name)
DATE
AlA Docunenl G701Tl1_ 2001. Copyright @1979, 1987, 2000 and 2001 by The American InstHule of ArchHects. All rlghta reserved. WARNING: This AlA"
Docum>)nt ls protected by U.S. Copyright law and Inl~rn<ltior:al Trea:ies UT':;J,-,\horiz",d rep'nd\,,;;;,.)f) Q, dlslribution or this AlA!, Document, or <JOy
:'m~io" 01 it, milV resul1 in severt? cei'Jll nnd crlmlnal pel1i:1l';es. 3t'\d wlH lle pn_b;'o+~,-1Io the lT1:,\~I;"uj'" .,xlenl (Jo~slble undet the law, This document
.....as prodJced by AlA software at 08:55:53 OIl 0212112007 under Order No UNLICENSED which eXpires on 1.'30/2008. and is not tor resale.
User Notes: (3703848270)
1
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CITY OF HUTCHINSON .... ENGINEERING DEPARTMENT
111 HAS.SAN ST SE, HUTCHINSON M:N 553,.50 (320) 2344209
5 he.et 1 of 1 CHANGE ORDER NO. 2 Dated: 03/27/2007
Structural Buildings Inc letting No. 14 Project No. 06-16
CONTRACTOR: 12924 1st St
Becker MN 55.308 Project Location: HATS Cold Storage Facility
DESCRIPTION OF CHANGE.: Due to the significant stretch of cold weather in Februaryt it was determined to be in the best interest of the
project to defer installation of the concrete floor until VJeU after the ground has thawed and drainag'e provisi ons are in p tace_ After the concrete
floor is poured1 the remaining work of sheeting' and wiring the building can be completed_ Thus1 City staff recommends changing the
completion date iar the project to July 15t 2007, without any changes to the original contract amount.
I Item, No. II Spec~ Ref. II Item Name II Unit II Quantity II Unit Price II Amount I
INCREASE IITEMS:
Extension of Completion Date to 0.7/15/2007 $q.OO $0.00
TOTAL INCR~EASE ITEMS $0.00
I
DECREASE SITEMS:
$O~OO
TOTAL DECREASE ITEMS $0.00
INET DECREASE .......--...._...._____.--..........~.......___._._______,...____.__,__~~~'~__.__.___.._...__...........___._ II $0.00, I
In accordance with the Contract and Specifications) the contract .amount shall be adjusted in the amount of $ . .0 .OQ (ad4}J( deduct).
[An extension of-O- days sha II be allowed for completion. The original completion date shall not be changed.
ORIGINAL
CONTRACT PREVIOUS AD,OITIONSlDEDUCTlONS THIS AD01TION/g6gU'CT~OH TOTAL
A.MOUNT
I $188,929.00 ($7.,600.00) $0.00 $181,329.00
APPROVED: APPROV.ED:
Contractor Mayor
"- ED: DATED: 03/27/2007
APPROVED: APPROVED:
Director of Engineering City Administrator
DATED: 03/27/2007 DATED: 03/27/2007
~CY-)
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TO: Mayor & City Council
FROM: Kent Exner, City Engineer
RE: Consideration of Items for 2007 Pavement Rehabilitation Program (Letting No.
5/Project No. 07-05)
DATE: March 27, 2007
Attached is the Engineering Report containing the estimated project cost and project description identifYing the proposed
improvement area for the 2007 Pavement Rehabilitation Program project The overall scope of this program may be
revised to match available improvement project funding. This project among others will be discussed at the March 29th
CIP Funding Workshop.
At this point, City staff would like to start the project process by scheduling a Public Hearing for the project improvement
area at the April 10th City Council Meeting. The Public Hearing will be proceeded by a project infonnational open house
the week of AprilZnd. Attached are the necessary Resolutions to establish the Public Hearing date.
We recommend that the above Resolutions be approved.
cc: Gary Plotz, City Administrator
(g[t,)
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RESOLUTION NO. 13160
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT
LETTING NO.5
PROJECT NO. OHI5
WHEREAS, it is proposed to improve:
Charles Street SW, Roe Avenue SE, Clark Street NE, Kay Street SW, Lea Avenue SW In
their entirety and Graham Street SW from Roberts Road SW to Milwaukee Avenue SW,
Milwaukee Avenue SW from 150' West of Goebel Street SW to Graham Street SW, Lewis
Avenue SW from Lake Street SW to Larson Street SW, Denver Avenue SE Median work at
County Fair Marketplace entrance, School Road SW & Roberts Road SW Intersection, and
Alley between 3rd Avenue NW & 4th Avenue NW from Glen Street NW to James St NW -
roadway rehabilitation and utility infrastructure installations by construction of lateral storm
sewer and treatment improvements, lateral watermain, surface reclamation, grading,
aggregate base, concrete median, concrete curb and gutter, sidewalk, bituminous base,
bituminous surfacing, seal coat, crack sealing and patching, trails, landscaping, restoration
and appurtenances" and
WHEREAS, it is proposed to assess the benefited property for all or a portion of the cost of the
improvement, pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
THAT, the proposed Improvement be referred to the City Engineer for study and that he is instructed
to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the
proposed improvement is feasible and as to whether it should best be mede as proposed or in connection with
some other improvement, and the estimated cost of the improvement as recommended.
Adopted by the Council this 27th day of March 2007.
Mayor: Steven W, Cook
City Administrator: Gary D. Plotz
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B.y'l:(,)lUNSONPUBUC WO~N'GINEERING~p, ..:.. . .'
flUtcllirisonClly Centerllll HasSan St SFlHtFJ>- MN SS3SO-~22132Oc234-4~ 320-2)4..4240
~~(;lNlU~G )lEPORT &.FEA$~JT\t.s:
TO:
Mayor and City Council
FROM: Kent Exner, City Engineer
DATE: March 20th. 2007
SUBJECT: Letting No. 5/Project No. 07-05
I have studied the following proposed improvements and find that the proposed project is feasible and recommend it
be constructed:
L5/P07-05 Char1es Street SW, Roe Avenue SE, Clark Street NE, Kay Street SW, Lea Avenue SW in their entirety
and Graham Street SW from Roberts Road SW to Milwaukee Avenue SW, Milwaukee Avenue SW
from 150' West of Goebel Street SW to Graham Street SW. Lewis Avenue SW from Lake street SW to
Larson Street SW, Denver Avenue SE Median work at County Fair Marketplace entrance. School Road
SW & Roberts Road SW Intersection, and Alley between 3rd Avenue NW & 4th Avenue NW from Glen
Street NW to James St NW - roadway rehabilijation and utility infrastructure installations by
construction of lateral storm sewer and treatment improvements, lateral watermain, surface
reclamation, grading, aggregate base, concrete median, concrete curb and gutter, sidewalk, Muminous
base, Mumlnous surfacing, seal coat, crack sealing and patching, trails, landscaping, restoration and
appurtenances.
(Q (C)
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RESOLUTION NO. 13161
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT
LETTING NO.5
PROJECT NO. 07-05
WHEREAS, pursuant to a resolution of the Council adopted May 27th, 2007, the City Engineer has
prepared a report with reference to the improvement of:
Charles Street SW, Roe Avenue SE, Clark Street NE, Kay Street SW, Lea Avenue
SW in their entirety and Graham Street SW from Roberts Road SW to Milwaukee
Avenue SW, Milwaukee Avenue SW from 150' West of Goebel Street SW to
Graham Street SW, Lewis Avenue SW from Lake Street SW to Larson Street SW,
Denver Avenue SE Median work at County Fair Marketplace entrance, School Road
SW & Roberts Road SW Intersection, and Alley between 3rd Avenue NW & 4th
Avenue NW from Glen Street NW to James St NW - roadway rehabilitation and
utility infrastructure installations by construction of lateral stonn sewer and treatment
improvements, lateral watermain, surface reclamation, grading, aggregate base,
concrete median, concrete curb and gutter, sidewalk, bituminous base, bituminous
surfacing, seal coat, crack sealing and patching, trails, landscaping, restoration and
appurtenances,and
said report was received by the Council on March 27th, 2007.
NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1. The Councii will consider the improvements of such streets in accordance with the reports and the
assessment of benefrted property for all or a portion of the cost of the improvement pursuant to Minnesota
Statutes, Chapter 429, at an estimated total cost of the improvement of $732,874.72.
2. A public hearing shall be held on such proposed improvements on the 10th day of April, 2007, in
the Council Chambers of the Hutchinson City Center at 6:00 P.M., and the Clerk shall give mailed and
published notice of such hearing and improvements as required by law.
Adopted by the Hutchinson City Council this 27th day of March 2007.
Mayor: Steven W. Cook
City Administrator: Gary D. Plotz
Co(e)
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PUBLICATION NO. 7570
NOTICE OF HEARING ON IMPROVEMENT
LETTING NO.5
PROJECT NO. 07-05
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council
Chambers of the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at 6:00 pm on the
10th day of April 2007, to consider the making of an improvement of:
Charles Street SW, Roe Avenue SE, Clark Street NE, Kay Street SW, Lea Avenue
SW in their entirety and Graham Street SW from Roberts Road SW to Milwaukee
Avenue SW, Milwaukee Avenue SW from 150' West of Goebel Street SW to
Graham Street SW, Lewis Avenue SW from Lake Street SW to Larson Street SW,
Denver Avenue SE Median work at County Fair Marketplace entrance, School Road
SW & Roberts Road SW Intersection, and Alley between 3rd Avenue NW & 4th
Avenue NW from Glen. Street NW to James St NW - roadway rehabilitation and
utility infrastructure installations by construction of lateral storm sewer and treatment
improvements, lateral watermain, surface reclamation, grading, aggregate base,
concrete median, concrete curb and gutter, sidewalk, bituminous base, bituminous
surfacing, seal coat, crack sealing and patching, trails, landscaping, restoration and
appurtenances,and
pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed
for such improvement is the benefited property, for which property owners shall receive mailed notice.
The estimated City Cost of said improvement is $439,724.83, with an Assessable Cost of
$293,149.89, for the total estimated cost of $732,874.72.
Such persons as desire to be heard with reference to the proposed improvement will be heard at
this meeting.
Dated: 03/27/2007
City Administrator
PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE
FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER
INFORMED OF A TRUE REPRESENTATION OF OPINION.
PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, MARCH 29TH, 2007 AND
THURSDAY, APRIL 5TH, 2007.
(Q. CV)
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Hutchinson HRA
Memo
To:
Mayor and City Council ~
Jean Ward, Hutchinson HRA Executive Director ~
March 20, 2007
Housing America 2007 Proclamation
From:
Date:
Reo
The HRA Board of Commissioners would appreciate your support In signing on to the Housing
America 2007 Proclamation. With your help, officials at the state ancl feclerallevel will hear from
communlUes throughout the country that decent and affordable ilia cycle housing Is needed for
a healthy community.
1
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HOUSING AMERICA 2007
PROCLAMATION
WHEREAS for more than 70 years it has been the policy ofthis nation, under the US Housing
Act to promote the general welfare of the nation by employing its funds and credit to assist the
several states and their political subdivisions to remedy the unsafe and unsanitary housing
conditions and the acute shortage of decent, safe and sanitary dwellings for families of lower
income;
WHEREAS, according to the "State ofthe Nation's Housing" report, 15.6 million
households now pay more than half of their income for housing;
WHEREAS, according to current estimates, on any given night, there are nearly 755,000
homeless nationwide and up to 3.5 million persons who experience homelessness at some point
throughout the year
WHEREAS, according to the National Low-Income Housing Coalition's "Out of Reach" report,
minimum wage earners are unable to afford even a one-bedroom home anywhere in the country,
and 88% of renters in cities live in areas where the fair market rent for a two-bedroom rental is
not affordable even with two minimum wage jobs;
WHEREAS, according to the National Housing Conference, health care workers and many
other working professionals are priced out of homeowners hip in the majority of U.S.
metropolitan areas nationwide;
WHEREAS, according to the Housing Assistance Council, 1.7 million (6.3 percent) of rural
homes were considered substandard in 2005;
WHEREAS public housing is home to over 2 million people, more over 40 percent of whom are
children, and currently receives federal funding at less than 83 percent of need;
WHEREAS the National Association of Housing and Redevelopment Officials;
American Federation of State, County and Municipal Employees; Housing Assistance Council;
Local Initiatives Support Corporation; Mortgage Bankers Association; National Association of
Counties; National Association of Home Builders; National Association of Realtors; National
Council of State Housing Agencies; National Housing Conference; National League of Cities;
National Low-Income Housing Coalition; and U.S. Conference of Mayors are united in an effort
to raise public awareness of the importance of affordable housing and community development
programs and resources;
WHEREAS, during the period March 26 - April 9, 2007, the aforementioned groups will launch
Housing America 2007, a national campaign to educate and inform the public and decision
makers of the critical need to address the nation's housing and community development
concerns;
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THEREFORE BE IT RESOL VED that the City of Hutchinson which has, over a
period of many years, endeavored to address affordable housing and community development
needs and has been successful in doing so using a combination of local, state and federal
resources hereby endorses the Housing America 2007 Campaign, its goals, objectives and
purposes and in so doing recommits itself to meeting the affordable housing and community
development needs ofthe community
March 27, 2007
Mayor Steve Cook
Hutchinson, MN USA
lQ (<<) -;
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March 22, 2007
The Honorable Mayor Steve Cook and
City Council Members
City of Hutchinson
III Hassan St. SE
Hutchinson, MN 55350
Dear Mayor Cook and City Council Members:
The Hutchinson Area Health Care (HAHC) Board of Directors, as part oftheif regular March meeting, considered a capital
expenditure request for the technology purchase needed for the Meditech implementation. The following is representative
of the board's discussion at that meeting:
Caoital Exoenditure Request for TechnoloItV ourchase. Pam Larson summarized a request to purchase computers and
peripheral equipment that are needed for the Meditech implementation. This item is part of the 2007 Operating Capital
Budget along with alternative funding.
"Following discussion:
"Motion was made by Knutson, seconded by Cannon to request authority from the City Council for the
capital expenditure request for technology purchases of Computer and peripheral equipment for the
Meditech implementation in the amount up to $266,000.00. Motion was carried."
Thank you in advance for approval of this capital expenditure request.
Sincerely,
HUTCHINSON AREA HEALTH CARE
Mary Ellen Wells
President
MEW:sh
C:\Documents and Sertingslsartmann\Local Settings\Temporary Internet Files\OLKAO\City Council letter- request from board.doc
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MEMORANDUM
DATE:
TO:
FROM:
March 21 . 2007, for the March 27, 2007, City Council Meeting
Hutchinson City Council
Rebecca Bowers, AICP, Planning Director
SUBJECT: Highway 7 Corridor Study and Temporary Moratorium on Certain Land Use
Actions within the Highway 7 Corridor Study Area
Reauested Action:
Adoption of an interim ordinance establishing a temporary moratorium on certain land use
actions within the Highway 7 Corridor Study Area.
Backaround:
The Highway 7 corridor has been a topic of discussion for several years and most recently has
received greater attention due to the changing nature of the cOrridor due to the Highway 7
expansion and streetscape improvements. Recent requests for rezoning and conditional use
permits have highlighted the need for an area study and plan. Staff has sent out a RFP for
planning consultant services to obtain cost estimates and proposals to conduct a land use
analysis and facilitate the development of an area plan.
Staff will be asking for Council approval to hire a consultant for development of the area study
and plan at the April 10111 Council meeting. The Planning Commission has approved a
resolution of support recommending the City Council authorize preparation of the Highway 7
corridor study (refer to attached resolution of support).
In order to protect the planning process and protect the study area from incompatible
development during the planning process, staff is recommending a temporary moratorium on
certain land use actions.
Temoorarv Moratorium:
By State Statute, the City could adopt a moratorium on all development and land use actions
within the study area while undertaking the land use study and plan. However, as a complete
moratorium may cause hardship for existing businesses and property owners, staff is
recommending tailoring the moratorium to meet certain objectives. As two zoning districts in
the study area require a conditional use permit for all changes of use, staff is recommending
allowing applications for CUPs for existing buildings during the moratorium. Improvements to
existing legally conforming properties would also be allowed. The interim ordinance proposes a
one-year moratorium on certain land use actions within the Highway 7 corridor area (identified on
Attachment A) under the following terms:
A. The moratorium will apply to all zoning districts within the Highway 7 corridor study
area within the City limits of Hutchinson, as identified on Attachment A.
1LOv)
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March 27,2007
Temporary Moratorium
Highway 7 Corridor Study
Page Two
B. The moratorium will apply to all land use actions in the study area that require City
approval, including rezonings, preliminary and final plats, variances, site plans, lot
splits, and conditional use permits, except as specifically exempted by this
ordinance.
C. The moratorium does not apply to applications for conditional use permits required
by the Zoning Ordinance due to change of ownership or change of use for
conditionally permitted uses in the IIC (Industrial Commercial) or C-5 (Conditional
Commercial) districts for existing buildings.
D. The moratorium does not apply to the maintenance and improvement of legally
conforming uses, existing buildings, or additions to existing homes and businesses
that meet the requirements of the Zoning Ordinance.
E. The moratorium does not apply to land use approvals previously granted or in
effect at the time of the adoption of this ordinance.
F. This interim ordinance may be terminated by motion of the City Council prior to its
stated expiration date.
Staff will be at the Council meeting to provide additional information and to answer questions on
the proposed study area plan and temporary moratorium.
Attachments: Interim Ordinance 07-0460
Study Area Map
Resolution of Support from Planning Commission
1[0-)
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ORDINANCE NO. 07- 0460
AN INTERIM ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON
CERTAIN LAND USE ACTIONS WITHIN THE HIGHWAY 7 CORRIDOR STUDY AREA
IN THE CITY OF HUTCHINSON
WHEREAS, Minnesota Statute 462.355, Subd. 4, authorizes a municipality that is considering adopting or
amending official land use controls to adopt an interim ordinance restricting certain land uses for an initial period not
to exceed 12 months; and
WHEREAS, the City of Hutchinson desires to conduct a study on existing and future land uses in the study area
in order to effectively address changing land uses and development plans along Highway 7; and
WHEREAS, the City of Hutchinson finds it is in the best long term interest of the City to delay certain land use
actions and decisions in the study area until the corridor study and plan are completed; and
WHEREAS, the City of Hutchinson is desirous of adopting an interim ordinance as provided by Minnesota
Statute 462.355, Subd. 4, for the purpose of protecting the planning process and the health, safety and welfare of its
citizens during the preparation and consideration of land use controls involving the study area;
NOW TIIEREFORE THE CITY OF HUTCHINSON DOES HEREBY ORDAIN THAT:
I.
The City of Hutchinson adopts an interim ordinance in accordance with Minnesota Statute 462.357
establishing a one-year moratorium on certain land use actions within the Highway 7 corridor Area (as
identified on Attachment A) under the following terms:
a) The moratorium will apply to all zoning districts within the Highway 7 corridor study area within the
City limits of Hutchinson, as identified on Attachment A.
b) The moratorium will apply to all land use actions in the study area that require City approval,
including rezonings, preliminary and fmal plats, variances, site plans, lot splits, and conditional use
permits, except as specifically exempted by this ordinance.
c) The moratorium does not apply to applications for conditional use permits required by the Zoning
Ordinance due to change of ownership or change of use for conditionally permitted uses in the IIC
(Industrial Commercial) or C-5 (Conditional Commercial) districts for existing buildings.
d) The moratorium does not apply to the maintenance and improvement oflegally conforming uses,
existing buildings, or additions to existing homes and businesses that meet the requirements of the
Zoning Ordinance.
e) The moratorium does not apply to land use approvals previously granted or in effect at the time of the
adoption of this ordinance.
f) This interim ordinance may be terminated by motion of the City Council prior to its stated expiration
date.
Adopted by the City Council this 10th day of April, 2007.
ATTEST:
Mayor Steven W. Cook
Gary D. Plotz, City Administrator
1COv)
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ATTACHMENT A
CITY OF HUTCHINSON
HIGHWAY 7 CORRIDOR
STUDY AREA
. mits
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RESOLUTION NO. 2007- 13154
RESOLUTION SUPPORTING THE PREPARATION OF A HIGHWAY 7 CORRIDOR
STUDY AND AREA PLAN FOR THE CITY OF HUTCHINSON
WHEREAS, the Hutchinson Planning Commission is responsible for advising the City Council
on matters relating to planning, zoning, and subdivision regulations,
WHEREAS, the Highway 7 corridor has undergone a significant roadway expansion and
streetscape improvement proj ect that has changed the characteristics of the corridor, and
WHEREAS, the City of Hutchinson Planning Commission has identified a need to conduct a
land use study in order to create a vision and development strategy for the Highway 7 corridor
and utilize the study as update to the Comprehensive Plan,
NOW THEREFORE BE IT RESOLVED by the Planning Commission that it recommends and
requests the Hutchinson City Council:
1) Authorize preparation of a Highway 7 corridor study to address the following issues and
elements for the study area:
a) land use analysis,
b) establishment of a community vision for future land uses and potential redevelopment,
c) creation of a land use and development strategy,
d) recommendations for zoning ordinance revisions to implement goals, development
regulations such as parking, sign controls, building design guidelines, etc, and
e) development of concepts for redevelopment of the intersection of Highway 7 and 15.
2) Authorize a contract for planning consultant services to facilitate and prepare the Highway 7
Corridor Study and Plan.
3) Direct staff and planning consultant to take steps necessary to facilitate and prepare the
Highway 7 Corridor Study and Plan.
. Adopted by the Planning Commission this 20th day of March , 2007.
ATTEST:
~~!'()fJ(
Rebecca Bowers,
Planning Director
L Otteson, Chair
Planning Commission
'1 Co..')
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2006 Hutchinson Police Services
Executive Summary
2006 Activity Statistics:
2006 2005
<F Incidents 16,425 15,923
<F Reports 2,859 2,699
<F Arrests 864 789
or DUI 113 121
<F Traffic Contacts 1,809 1,740
2006 Objectives:
<F Implemented the Patrol Districting Program to improve citywide patrol
coverage.
<:#" Prepared the Administrative Citation Program to begin in 2007.
or Prepared the Automated Pawn System to begin in 2007.
.
Staffing:
Cif'" We currently have all police officer positions filled but officer Ryan Sayre is
still deployed in Afghanistan.
<:#" We currently have all support positions filled.
<F 2007 goal is to stay fully staffed.
FaciIitieslEquipment:
<:#" New roof was installed over the booking facility of the PD.
<F We started to upgrade the work areas within the PD facilities, this will
continue in 2007.
<F In 2007, we will be researching the PD's HV AC system within the facility.
The goal will be to improve the systems efficiency and minimize the
increasing maintenance cost.
.
2007 Objectives:
<F Continue to work with MNDOT to ensure a safe and efficient traffic flow
around the HWY 7 construction project including.
<F Implement the new in-car video camera system.
<F Implement and evaluate the Administrative Fee Program.
or Implement and evaluate the Automated Pawn System.
<F Implement the Photo ill system for all city employees that are currently
utilized by the PD.
<:#" Evaluate the Emergency Operation Center to assess its current capabilities in
comparison to the cities future requirements. Then prioritize the needed
improvements.
<:#" Continue to execute and evaluate the Patrol-Districting Program.
<F Complete the conversion to the new Mobile Command Post.
<r Finalize the update on the PolicylProcedure Manual for the PD.
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Hutchinson City Center
111 Hassan Street SE
Hutchinson, MN 55350-2522
320-587-5151/Fax320-234-4240
March 2, 2007
DUANE HOESCHEN
1320 SOUTH GRADE RD SW
HUTCHINSON MN 55350-9005
Subject: Water and Sewer Account Number: 0289032000 Customer Number: 00017139
Address: 1320 SOUTH GRADE RD SW
Dear Sir or Madam:
This letter is to inform you that your closed water, sewer, refuse, and storm drainage
account at the service address listed above has a balance due of $168.12 . If payment (or
a payment arrangement) on the delinquent amount has not been received by Monday,
March 12, 2007, water service will be discontinued. If you cannot make the delinquent
payment in full, a limited payment arrangement may be possible by contacting our office
at 320 234-5672.
Ifthere is a problem which you believe needs a City Council hearing you may request to
appear before the City Council, by contacting our office.
This will be the only notice you will receive. If payment or arrangements are not
made by Monday, March 12,2007, water service will be discontinued the following
day. A $15 charge will be added to your bill if it becomes necessary to have a city
employee stop at the billing address for collection of payment or shutoff.
Your prompt attention to this past due bill would be appreciated.
Water/Sewer/Refuse Billing Dept.
City of Hutchinson
CC: John Slyter
2994 Grosbek Trail NW
Hackensack MN 56452
- Printed on recycled paper -
~Cb)
. Memorandum
TO:
Mayor and City .~cil
Brenda K. Ewinldfuman Resources Director
FROM:
RE:
Proposed Amendments - City Policy No. 3.18 - Safety Clothing-
Reimbursement
DATE:
March 16, 2007
Attached is City Policy No. 3.18 regarding reimbursements to employees for the purchase of
safety footwear and eyewear. The policy was last updated in 1995.
As a result of an employee inquiry that was brought to the CitylHutchinson Utilities Employee
Safety Committee, the Committee requested that the City consider increasing the reimbursement
amount allocated for safety footwear and eyewear. A survey was conducted to determine what
other communities have designated as reimbursement amounts. The communities of Glencoe,
Litchfield, New Ulm, and Willmar were contacted.
. The survey indicated that the reimbursement amounts should be adjusted, and this information
was communicated to both the Employee Safety Committee and the City Directors. Both groups
request that the City Council consider the proposed amendments to Policy No. 3.18 to reflect
current costs that are incurred by employees when purchasing these items.
It was noted that because this policy is being considered and acted upon mid-year, the 2007
annual departmental budgets of all departments may not be able to absorb the increased
reimbursement amounts. Employees will be instructed to contact their Supervisor and/or
Director, prior to any purchase, to determine ifreimbursement funds are available.
If you have any questions regarding this request and information, I plan on attending the Council
meeting on March 27.
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Policy 3.18
CITY OF HUTCHINSON
POLICY
-PERSONNEL-
SAFETY ~ EYEWEAR/FOOTWEAR- REIMBURSEMENT
NO. 3.18
DATE 1983;updaled 1995.2007
SOURCE
COUNCIL APPROVED
Protective clothing is required for all persons engaged in maintenance duties. This includes both
full time. Dart time and seasonal employees in the following departments: Public Works (Streets -
Cemetery - Water - Wastewater - Engineering - Forestrvl - Parks - Recreation - Civic Arena -
Forestry - Creek Side - Buildina Maintenance - Other Maintenance.
Hardhats, safety vests, steel-toed footwear and safety glasses must be worn during working
hours, based on the requirements for the specific job assignment. Directors, supervisors and
employees are responsible for their proper use.
HARDHATS and SAFID VESTS are provided by the City and kept in each department.
Other protective equipment required by the city is reimbursed to full time, part time and
seasonal employees at the following rate, buf nof fo exceed 100% ottofal cosf:
STEEL TOED FOOTWEAR - SHOES $4G iaQ/pair -or- BOOTS $4G ~pair. Reimbursement may be
made once every 12 months. The type needed must be approved by the director in charge.
INSULATED WINTER BOOTS ~ $lli!pair. Reimbursement may be made once every 24 months,
except with the specific authorization of the director. The need for insulafed boofs must be
approved by the director in charge.
En)olovees are hiahlv encouraaed to ourchase auality footwear (i.e. Carhartt, LaCrosse.
Milwaukee. Red Wino. Rockv, etc.l for their own orotection and comfort.
SAFID GLASSES
Up to ~ llQQ for prescr. glasses, full time emp!. once every 12 months.
Up to $4G i5Q for prescr. glasses. part time emp!. once every 12 months.
Up to $40 for non-prescr. glasses. full time emp!. once every 12 mos.
Up to $20 for non-prescr. glasses, part time emp!. once every 12 mos.
NOTE: The cost of the eye exam is an emDlovee expense. Tell the doctor the glasses are
needed for work. Plastic safety goggles supplied by the City may be substituted at the director's
discretion.
Contact Human Resources for information reaardina the Safety Evewear oroaram and local
oarticioatina vendors. The orooram offers discounted orices for safety evewear.
'" ... II< ,.,
EACH EMPLOYEE MUST PURCHASE REQUIRED EQUIPMENT AND PAY FOR IT. THE
ORIGINAL RECEIPT MUST BE GIVEN TO THE DIRECTOR IN CHARGE, APPROVED BY
THE DIRECTOR AND SUBMITTED TO THE FINANCE OFFICii QfPARTMENT FOR
REIMBURSEMENT ACCORDING TO THE ABOVE SCHEDULE.
. .*Thls mid-year policy chan~l;l will go into effect perCo(Jn~~n, bulls subject to MY 20lJi
budget limitations lor eaCh affected department. Employeeuhould contact their director/Supervisor
prior to the purchase of reimbursable equipment with any questions and regarding available funds.
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CITY OF HUTCHINSON
MEMO
Finance Department
March 22, 2007
TO: MAYOR & CITY COUNCIL
FROM: KEN MERRILL, FINANCE DIRECTOR
SUBJECT: SEWER USE CHARGES
BACKGROUND
The City of Hutchinson adjusts the per thousand gallons used for
sewer billing annually. When the city changed to monthly
billings, the basis for sewer charges was set to the actual water
meter reading for the month of January and is used each month for
the remainder of the year. The 2007 rate for sewer charges is
$3.96 per thousand gallons This year January meter readings for
many customers reflected a longer period than normal with some
going as long as 38 days, raising questions from customers and
requests for adjustments.
Our new billing system has several options some of which are
currently used by LOGIS cities. (As an aside we are working on a
survey of how other Minnesota cities base there sewer charges and
will be able to review the results at Tuesday's meeting.)
At this time we offer two options:
. LOGIS staff is currently looking at the option that would
take the January water meter reading and the number of days
between meter reads and adjusting to 30 day usage that
would be used for the balance of the year. (This method is
currently not used by any LOGIS city)
. Use the water meter readings for January, February, and
March setting the use on the average of the three months
for the balance of the year.
COUNCIL CONSIDERATION
While there are many options; attached is a resolution basing
sewer charges on the January, February, and March average water
meter reading for council consideration.
H:\DOC\City counci2 memo l.doc
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RESOLUTION NO. 13162
A RESOLUTION AMENDING THE METHOD OF DETERMINING SANITARY
SEWER SERVICE CHARGES FOR THE CITY OF HUTCHINSON
WHEREAS, currently the sewer service rate for non-industrial sanitary sewer customers
is based upon that customers' January water usage of each year, and;
WHEREAS, the City Council desires to make rates charged to non-industrial sewer
service customers as accurate as possible, and;
WHEREAS, the City has determined that basing the sewer service rate upon the monthly
average water customer for the months of January, February, and March of each year
would result in more accurate sewer service rates, and;
WHEREAS, Hutchinson City Code ordinance Section 53.107 (B) permits the City
Council to determine how sewer. service rates are to be set.
Now therefore be of resolved by the City Council of the City of Hutchinson that:
.
Beginning in April of2007 the 2007 sewer service rate for non-industrial customers shall
be based upon the monthly average water use of that customer for the months of January,
February and March of the year 2007 and, henceforth, these rates shall be determined in a
like manner for each year; said rates of non-industrial customers being determined by the
average monthly water usage of the months of January, February and March of each
respective year.
Adopted by the City Council this 27th day of March, 2007.
ATTESTED:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
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TO: Mayor & City Council
FROM: Kent Exner, City Engineer
RE: Consideration of Sump Pump Inspection Program Proposals
DATE: March 27, 2007
Based on the City's ongoing efforts to address infiltration into our wastewater treatment system, City staffhas issued a
Request For Proposals (RFP) to complete a limited Sump Pump Inspection Program. The proposed program will
inspect properties that were identified to have (or potentially have) illicit swnp pwnp discharge connections during the
2000 inspection program and will inspect buildings built from 200 I through 2005. Approximately 800 properties will
be inspected. Two proposals were received and will be reviewed prior to the City ColUlCil meeting. A reconnnendation
on if and how to proceed with this program will be provided by City stafffor the Council's consideration. This program
bas been accounted for within the 2006 Wastewater Fund Budget.
cc: Gary Plotz, City Administrator
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TO: Mayor & City Council
FROM: Kent Exner, City Engineer
RE: Consideration of Items Related to the Crow River Dam Replacement Project
DATE: March 27,2007
Based on the feedback at the Council Workshop on March 13th, City staff will review the funding alternatives associated
with possibly completing the Crow River Dam Replacement project this sunnner/fall. To maintain the feasibility of
completing this project in 2007, Council and City staff must address this project's development in a very timely manner.
A review of the funding alternatives and potential project schedule will be provided at the Council meeting.
We request feedback and possibly action regarding Crow River Dam project funding and ""bedule.
cc: Gary Plotz, City Administrator
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Brief ffistory of Hutchinson Dam
The Hutchinson Dam was originally constructed in 1857 and has been rebuilt and repaired a number
of times. The majority of the present structure was constructed after a portion of the dam failed in
1965. The present dam is 100 feet long and consists of a 66-foot long fixed crest spillway, two
tainter gate (radial gate) bays, and a metal slide gate on the north bank.
In 1967, seepage problems were detected in the area between the tainter gates and the old mill race to
the north. The area was pressure grouted and no further seepage has been reported in this area.
A National Dam Safety Inspection was completed in 1978 by the St. Paul District Corps of
Engineers, and concluded that the discharge capacity of the dam is insufficient to allow the complete
discharge of extremely large flood flow, but that the lack of discharge did not pose a threat to area
residents.
In January of 1990, low reservoir conditions, low river flows, and low temperatures combined to
create ice loads on the front face of the dam that caused cracking and failure of the concrete crest.
An inspection and assessment of the dam by Barr Engineering following this event also identified
concerns with stability of the dam and determined that the spillway crest does not have adequate
strength to withstand ice loads. The assessment also determined that project discharge is limited by
the hydraulic capacity of the Highway 15 bridge located downstream of the dam.
Construction was undertaken in 1991 to repair the damaged crest, raise the access elevation to the
tainter gates, and modify the gate hoist operator from hand wheel operation to power drive operation
to improve safety and efficiency of gate operations. This work did not address overall dam stability,
ability of the crest to withstand high ice forces, or increased discharge capacity of the dam.
In 1991 an Operation and Maintenance Manual was prepared by Barr Engineering to document
project features, operations plans, hydraulics and hydrology, and recommendations for on-going
inspection and repairs.
In 1999, the tainter gates were refurbished with new face plates and seals and painter of the structural
members.
In 2002, an inspection and assessment of the dam by Barr Engineering indicated the following
deficiencies:
The retaining wall downstream of the south abutment shows signs of deteriorating mortar and
some displaced blocks are "bulging" out from the wall.
The river bank protection downstream of the right abutment is in poor condition, with signs
of movement, settlement, and voids below the grout surface.
The right tainter gate has a fair amount of leakage and the gate appears rusty and in need of
maintenance.
Previous analysis indicated that the concrete weir does not have adequate capacity to
accommodate ice loadings.
Previous analysis indicated that the spillway has marginal stability at normal pool, although
the overturning and shear friction factors were below the current safety standards. The
spill way is not stable in overturning or sliding for the ice loading conditions.
A new hydraulic analysis of the dam should be completed once the downstream bridge is
reconstructed, allowing for effective increase in dam spillway capacity. The capacity of the
dam should be increased to accommodate the 50-year event (approximately 5,000 cfs).
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In addition, the City reported on-going publjrc concerns about the appropriate operation of the
spillway gates at the dam. Conflicting interests upstream and downstream of the dam
In 2003, a study was completed by Barr Engineering for replacing the dam with a stepped rapids to
address identified dam deficiencies, allow for upstream fish passage, and improve the safety and
aesthetics of the dam.
In 2006 the dam replacement study was updated to reflect the planned replacement of the Highway
15 bridge and coordinate the design and layout of the dam replacement and bridge replacement
projects.
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TO: Mayor & City Council
FROM: Kent Exner, City Engineer
RE: Consideration of Resolution of Support for McLeod County Southwest Ring Road Project
(CSAH 115)
DATE: March 27, 2007
Based on the feedback at tbe Council Workshop on March 13th, City staff presents the attached Resolution of Support for
McLeod County Southwest Ring Road Project (CSAH 115) for the Council's considemtion.
We recommend approval of the Resolution of Support for the McLeod County Southwest Ring Road Project
(CSAH 115).
ce: Gary Plotz, City Administrator
\ () (f ')
County of McLeod
830 11 th Street East
Glencoe, Minnesota 55336
FAX (320) 864-3410
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COMMISSIONER RAY BAYERL
1 st DIstrict
Phone ~ 485-2181
2On8 Avenue
Lester PralOe. MN 55354
COMMISSIONER SHELDON A. NlES
4th Oistric:t
Phone (320)587-5117
1118 Jefferson Street South
Hutchinson. MN 55350
jesnlesOhutchtel.net
March 6, 2007
Mayor Steve Cook
City of Hutchinson
III Hassan Street, SE
Hutchinson, MN 55350
COMMISSIONER KERMIT D. TERUNDEN
2nd District
Phone (320) 864-3738
111214~Stree1East
Glencoe MN 55336
kterlind@ea1hllnk.nel
COMMISSIONER BEY WANGERIN
6th DIotrlot
Phone(32O)587~9
817 Colorado Street NW
Hutchinson, MN 55350
bevwOhutchtel.net
COMMISSIONER GRANT G. KNUTSON
3rd DIstrlcl
Phone (320) 587-9108
14 CR7
H Inson. MN 55350
Y
COUnty AdminIStrator
, Phone (320) 864-1324
Courthouse
GIencoe. MN 55336
nan.craryOco.mcleod.mn.us
Re: Support ofMcLe6d Couniy tSAR 115 Southwest Bypass Extension
Dear Mr. Cook,
. On behalf of the McLeod County Board of Corrnnissioners I am writing this letter to ask the City of Hutchinson to reconsider
support for oUI upcoming 2008 southwest bypass extension.
The need for this project started ahnost IO years ago with the development of the Hutchinson Transportation PIan, which was a
joint effort by the City, County, and MnlDOT that looked to identify future transportation needs in and around the City.
Following in 2002 was the SW Ring Road study, which identified an inner and outer ring road concept that would alleviate
downtown traffic as well as provide alternative access to the southern Hutchinson businesses.
In 2004 the County took the lead and built the fIrst phase of the outer ring road between TH 7 and South Grade Road, with the
intent to fInish the project in the near future.
In the fall of 2006 we engaged a consullant to review the rmdings of the 2002 study and to validate the proposed alignment that
we selected. The conclusions of the 2006 study directed us to develop the current alignment choice (CR 59/CSAH 8 route).
In s=ry, this SW ring road project was the culmination of many years of shared effort by the City and County. We believe
the route selected will best serve the City of Hutchinson both today and well into the future as well.
Sincerely,
Please reconsider support for this important regional project.
....~~
Sheldon Nies
McLeod County Board Chair
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Nan Crary, County Administrator
'McLeod County Board 'ofo,mmisslOners
John Brunkhorst, McLeod County Engineer
McLEOD COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER
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RESOLUTION NO. 13135
RESOLUTION OF SUPPORT FOR THE
MCLEOD COUNTY/HUTCHINSON SOUTHWEST
RING ROAD PROJECT (CSAH 115 EXTENSION)
WHEREAS, McLeod County presented their proposal for the McLeod CountylHutchinson
Southwest Ring Road Project (CSAH 115 Extension) at an Open House on January 30th, 2007;
and
WHEREAS, McLeod County staff and City of Hutchinson staff concur that "County Road 8
Alignment Alternative No.2" is the preferred alignment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
THAT, the City of Hutchinson supports the McLeod CountylHutchinson Southwest Ring Road
Project (CSAH 115 Extension) "County Road 8 Alignment Alternative No.2".
Adopted by the Council this 27th day of March, 2007.
Mayor: Steven W. Cook
City Administrator: Gary D. Plotz
10(-9)
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TO: Mayor & City Council
FROM: Kent Exner, City Engineer
RE: Discussion of Mn/DOT Outreach Meeting Items
DATE: March 27, 2007
City staff will prepare and provide at the Council meeting a list of potential items to be communicated on the City's
behalf at MnIDOT's Outreach Meeting to be held Friday, March 30th, in Wi11mar.
. cc: Gary Plotz, City Administrator
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MEMO'"RANDUM
DATE:
March 21 st for the March 21, 2007 City Cou ncil meeting
TO:
Hutchinson City Council
FROM:
Hutchinson Planning Commission
SUBJECT: VACATION OF UTILITY EASEMENTS LOCATED BETWEEN 1209AND 1205
LEWIS AVENUE S.W. REQUESTED BY STEVE WADSWORTH
Reaues,t:
The property owner is requesting a vacation of easements betw'een two lots to allow future
construction over the lot line located between Lots 20 & 21, Block 1. Stoney Point Addition
(1205 and 12'09 Lewis Ave. S.W.) The applicant also owns the lot to the north of the subject
site. Mr. Wadsworth woulq lik.e to construct an addition and/or a detached garage on the
easterly lot that would be attached. to the house in the. future. The applicant did not supply
plans showing the proposed .constru.ction, however he had stated that it may inc.lude
additional living space and a home office~ The easements must be v8Gated:. and the lots
combined in order to construct over the lot lines. Additional inform,ati1on and background
material is included in the attached $taff report. The properties are shown below:
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March 21, 2007
Vacation of Easements - 1205 & 1209 Lewis Ave SW
Page 2
Plannlna Commission Meetina:
The Planning Commission held a public hearing and considered the request at the March
20,2007, meeLing. Thele were nu property owners who made comment or objected to the
request. The Commission discussed the background of the three lots and the shoreland
district requirements. Staff stated that the shoreland district has a maximum of 25%
impervious surface coverage per lot and currently the property does not comply. Combining
all three lots may allow the property to comply, although a survey is needed to determine how
much coverage is on the lots. The applicant stated he does not want to combine the
northerly lot for tax reasons and the lot has restrictions placed on it against building any
structures. The applicant stated if he has to combine the lots, he wants permission to build on
the lot. After noting the unique conditions of the property and stating it would meet the intent
of the shoreland district, the Commission recommended approval, removing staff's
recommended condition to combine the northerly lot with the two subject lots. One
Commissioner voted against the motion due to shoreland district requirements.
Recommendation:
The Planning Commission recommended approval 4 ayes, 1 nay (Otteson opposed) of
the Vacation of Easements with the recommendations, findings and conditions as
stated in attached resolution.
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RESOLlITION NO. 13158
RESOLUTION APPROVING A VACATION OF DRAINAGE AND UTILITY EASEMENTS
LOCATED BETWEEN LOTS 20 AND 21, STONEY POINT ADDITION
SUBMITTED BY STEVE WADSWORTH
Whereas, Steve Wadsworth, property owner, has requested approval of a vacation of easements with the
following legal description:
Legal Description:
Vacated part of the 6.00 foot wide drainage and utility easement lying
northwesterly of and adjoining the southeasterly line of Lot 20 Block 1, Stoney
Point Addition, according to the recorded plat thereof. The northeasterly line of
said part of the easement to be vacated being the southwesterly line of the
Northeasterly 6.00 feet of said Lot 20 and the southwesterly line of said part of
the easement to be vacated being the southwesterly line of said Lot 20.
Also, vacated part of the 6.00 foot wide drainage and utility easement lying
southeasterly of and adjoining the northwesterly line of Lot 21, Block 1, Stoney
Point Addition, according to the recorded plat thereof. The northeasterly line of
said part of the easement to be vacated being the southwesterly line of the
Northeasterly 6.00 feet of said Lot 21 and the southwesterly line of said part of
the easement to be vacated being the southwesterly line of said Lot 21.
Whereas, the Planning Commission met on March 20, 2007, on the request and considered the effects of
the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and
anticipated traffic conditions, and the effect on values of properties in the surrounding area and
consistency with the Comprehensive Plan, and hereby recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission and
hereby does recommend approval of the vacation of easements, subject to the following findings and
conditions:
1. Lots 20 and 21 must be combined at the County before construction may begin on Lot 21.
Proof of recording the lot combination must be provided with the building permit application.
2. The applicant shall provide an updated survey identifying the existing and proposed
impervious surface coverage on the subject property before any additional coverage is added
to the property.
3. Any modifications to the site shall comply with shore land district requirements.
4. Any future construction on the property must comply with Zoning Ordinance requirements.
5. Any business activities in the home and/or accessory building must comply with the
requirements of the home occupation (Section 154.056 (D).
6. Relocation of any utility services will be at property owner's expense.
Adopted by the City Council this 27th day of March, 2007.
ArrEST:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
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PUBLICATION NO.
ORDINANCE NO. 07-0461
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA VACATING UTILITY AND
DRAINAGE EASEMENTS LOCATED BETWEEN LOTS 20 AND 21, BLOCK I, STONEY
POINT ADDITION
THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS:
Section I. Notice of hearing was duly given and publication of said hearing was duly made and
was made to appear to the satisfaction of the City Council that it would be in the best interests of
the City to vacate utility and drainage easements located between Lots 20 and 21, Block 1, Stoney
Point Addition.
Section 2. That the utility and drainage easements to be vacated are described as follows:
Vacated part of the 6.00 foot wide drainage and utility easement lying northwesterly of
and adjoining the southeasterly line of Lot 20 Block 1, Stoney Point Addition, according
to the recorded plat thereof. The northeasterly line of said part of the easement to be
vacated being the southwesterly line of the Northeasterly 6.00 feet of said Lot 20 and the
southwesterly line of said part of the easement to be vacated being the southwesterly line
of said Lot 20.
.
Also, vacated part of the 6.00 foot wide drainage and utility easement lying southeasterly
of and adjoining the northwesterly line of Lot 21, Block 1, Stoney Point Addition,
according to the recorded plat thereof. The northeasterly line of said part of the easement
to be vacated being the southwesterly line of the Northeasterly 6.00 feet of said Lot 21
and the southwesterly line of said part of the easement to be vacated being the
southwesterly line of said Lot 21.
Section 3. This ordinance shall take effect from and after passage and publication.
Adopted by the City Council this lOth day of April, 2007.
ATTEST:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
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DIRECTORS REPORT - PLANNINGDEP A.RTMEN"T
To:
Hutchinson Planning Commission
From:
Brad Emans, Dolf M.oon., Dave HU.nstad, .Miles Seppelt, Briall Warzecha~ .Jean
Ward; John Webster, John Olson,. Lenny Rutledge, Kyle ,Pimler, Kent Exner,
Mark Schnobrich, Marc Sebota, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten".
Dick N"ag.y, Rebecc3Bowers and Bonnie Bau.metz (Persons in attendance at
Planning Staff Meeti.ng' (in bold) :
Date:
March 9, 2007~ for March 2Q, 2007 Planning Commissio.n. Meeting..
Subject:
Vac.ation of Eas~mentsBetweeD Lots 20 &. 21, Block 1" Stoney Point Addition
Applicant:.
Steve 'Wadsworth, prop'e.rty owner
VACATION OF EASEME,NT
Brief Description:
The property owner is requesti~g a vacation of eas~ments betwe~n two 10'1$ to allow future
construction over the lot litle located, betVv~een Lots 20 & 21, Block 1, Stoney Point Additiol1 (1205
and 1209 Lewis. Ave. S.W.) lvIr.W'adsworth ,owns both lots and would like to co:nstruct an
addition and/or .a: detached garage on tIle "easterly lot that would be attacbed to the house in the
filture,. The applic8.Ilt did not supply 'Plans showing tIle propo.sed construction) however he had
stated that it ll1ay illclude additio.nal living space aDd a hom.e offiqe. TIle 'easementsmust- be
vacated .and. tIle lots combined in order to construct over the lot lines. The ap,plicant also owns the
lot to the north oftlle subj:eGt site. The properties are -ShOWll below:
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\acatioll 01 Faselllt'lIh
Stt'H' Wadsworth - 120'.1 Lewis Ave. S. W.
Planning ConllniSS;OIl \larch 20. 2007
Page 2
GE!'\ERAL I:"FOIU1\TION
Existing Zoning: R I ( Single Family ReSidential!
Property Location: 1209 Lewis A vCIlue S. W.
1.01 Size: (> acres (combined lots 20 & 21)
Existing Land Use: Single Family Residential
Adjacl'nt Land Use
And Zoning: Single family
('omprehensiw
Land Use "Ian: rradllional residentialncighborhood
Zoning lIistory:
There have been several land use actions on this propcrty. including: 1) a
landscapc site plan in Sept. 1991. 2) vacation of c'asemcms approved on the
north lot line of lot 20 in Oct. of 1991,3) a variance approved to reduce rear
yard sethack to 0' in August of 199 I, and 4) a conditional use penml
approved to bring In fill for landscaping \[\ June, 1993. The property tile
also conlains correspondence fTom City slaff and the Department of Natural
ResOLlrces regarding concems with shorcland alteration, excavation and
tTosion from site work done in 1993.
Applicable
Regulations:
City Charter
Transportation:
Lewis Avenue S.W.
Analysis and
Recommendation:
The property is currently comprised ofthrec Jots (refer to aerial photo) and is located within the
shoreland district for Otter Lake. The two lots along Lewis Ave. must be combined before the
applicant could be pelTIlittt'tl to construcl on thc easterly lot Staff discussed the vacation of
C'Jsements and found that the easements appear to be slandard drainage and utility easements with
no apparent utilities along the property lines, however the property owner is responsible for
locating all utilities and any costs for relocation of services if necessary.
Olerc were several land use actions on this propcrty as noted in the zoning history section, some
resulting from the unusual circumstances of the three lots Staff would recommend combining all
three lots, however, the applicant has stated he does not wish to combine the vacant lot 10 the
north. In addition, the lot to the north may not easily be combined with the plat to the south. The
property IS located withinlhe shoreland district and is subject to shorcland reqUIrements. mcluding
a maximum 25% coverage requircmenL II appears that the exi,ting impervious coverage, which
includes all structures and hard surfae",. ,ignificanl1y c.\i.'eeds Ihe 25"" I"t coverage nXluircmenL
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Vacation of Easements
Steve Wadsworth -1209 Lewis Ave. S.W.
Planning Commission- March 20, 2007
Page 3
Combining the three lots may allow the property to meet the coverage requirements. The third lot
contains a variety oflandscaping and recreational equipment that should be combined with the
primary residential use of the property. Staff recommends that a survey of existing and proposed
coverage be provided prior to any additional construction on the lot.
Staff would recommend approval uf lht: vacation of easements with the following
recommendations:
1. Lots 20 and 21 must be combined at the County before construction may begin on Lot
21. Proof of recording the lot combination must be provided with the building permit
application.
2. Staff recommends that the northerly lot be combined or platted with Lots 20 and 21.
3. The applicant shall provide an updated survey identifying the existing and proposed
impervious surface coverage on the subject property before any additional coverage is
added to the property.
4. Any modifications to the site shall comply with shoreland district requirements.
5. Any future construction on the property must comply with Zoning Ordinance
requirements.
6. Any business activities in the home and/or accessory building must comply with the
requirements of the home occupation (Section 154.056 (0).
7. Relocation of any utility services will be at property owner's expense.
Cc: Steve Wadsworth, 1209 Lewis Ave SW
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. CITY OF HUTCHINSON
MEMO
Finance Department
March 22, 2007
TO: MAYOR & CITY COUNCIL
FROM: KEN MERRILL, FINANCE DIRECTOR
SUBJECT: REQUEST FOR PROPOSAL FOR INSURANCE BROKER SERVICES
Attached is a request for proposal for insurance broker services.
This RFP would be for broker services for City of Hutchinson's
property, comprehensive, liability, and workers compensation
coverage's. It has been many years since we have reviewed our
broker services and along with Hutchinson Utilities, Hutchinson
Area Health Care believe it would be appropriate to review the
services using this RFP process.
The RFP will be evaluated by a committee composed of a City
Council representative, City Administrator, Finance Director, and
representative from Berkley Risk Administrators Company.
Action Requested
It would asked for City Council approval to request RFP's for
broker services. It would also be requested to select a council
representative to the evaluation committee.
H:\DOC\City council memo i.doc
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Request for Proposal
Property & Casualty Insurance Broker
March 14, 2007
Page 1
INTRODUCTION
The City of Hutchinson (City), is requesting a proposal from Insurance Brokers licensed to provide Property and
Casualty Insurance in Minnesota. The Broker must demonstrate competency in providing insurance to the Municipality.
Selected brokers will give a presentationlinterview to the Selection Committee on April 5, 2007. The Selection
Committee is comprised of Gary Plotz, City Manager, Ken Merrill, City Finance Director, and their consultant The
qualifications and proposals will be evaluated by April 11 , 2007 and the recommendation presented to the City Council
for their approval on April 24, 2007. The time for the presentation will be detenmined later.
The broker selection process and award will allow the selected broker to access the marl<.ets for the upcoming policy
tenm. An insurance summary is included in the RFP to assist you with your presentation. The successful broker will
receive copies of all policies.
Please direct questions regarding the broker selection process or insurance summary to the following perscnnel:
Bill Kloepfer, Senior Consultant
Telephone: 612-766-3307
Email: bkloepfer@berkleyrlsk.com
or
Marl<. Flaten, VIce President
Telephone: 612-766-3300
Email: mflaten@berl<.leyrisk.com
Berkley Risk Administrators Company
222 South Ninth Street
Minneapolis, MN 55402-3332
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Request for Proposal
Property & Casualty Insurance Broker
March 14, 2007
Page 2
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BACKGROUND INFORMATION
The City of Hutchinson is located in McLeod County and has a population of approximately 14,000. The City operates
a Police Department Fire Department, Utilities Department, Water & Waste Water Department Park & Recreational
Areas, Events Center, and Liquor Store. The City also has responsibility for the Airport and has a Joint Powers
Agreement with McLeod County.
The insurance program for the Utilities is not part of this broker selection process.
The following webslte contains additional infonmation regarding the City www.ci.hutchinson.mn.us .
Specifics of current policies are as follows:
City of Hutchinson
Type of Policy Coverage Carrier Exposure/Limit Estimated
Term Premium
Worl<.ers' Compensation 11112007 L1MCIT' $6,675,000 Payroll $173,000
Property 7/112006 L1MCIT $43,000,000 TIV $70,000
Mechanical Breakdown 71112006 L1MCIT $10,000
Municipal Liability 7/1/2006 L1MCIT $1,000,000 limit $71,000
Automobiie 7/112006 LMCIT $1,000,000 limit $31,000
85 Vehicles
Miscellaneous 7/1/2006 LMCIT $18,000
. Crime 7/112006 Old Republic $5,000
Liquor 7/1/2006 CNA $1,000,000 limit $9,500
Airport Liability 7/112006 Old Republic $5,000,000 limit $4,400
Joint Powers 8/16/2006 LMCIT $8,000
'LMCIT is the League of Minnesota Cities Insurance Trust
The total premium for !he coverage shown above is approximately $400,000.
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Request for Proposal
Property & Casualty Insurance Broker
Merch 14, 2007
Page 3
BROKER SELECTION
Broker Dutles/Reaulrements will include:
. Identify an account executive resporsible for overall responsibility and day-to-day relationship/questions wi!h !he
City.
. Knowledge of Municipality risks;
. Access to broker marl<.ets and marl<.eting !he program to !he insurance industry;
. Assist in !he overall design of the insurance program and completion of all insurance applications;
. Assemble information to enable Underwriters to fully understand !he risk;
. Analyze proposals and make recommendations to !he dient;
. Outline what you will do to become familiar wi!h the City's operation and future changes to !he City's operation.
. Verify accurate issuance of policies;
. Assist in !he implementation of carrier services;
. Claim oversight and advocacy;
. Coordinate Loss Control services in conjunction wi!h insurance carriers;
. Worl<. in cooperation wi!h the client's Risk Management Consultants;
. Ability to meet the client and !horoughly learn and understand their business;
. Quarterly meetings regarding operational changes or proposed changes;
. Provide day-to-day services (i.e. Auto ID cards, certificates, endorsements, meetings, etc.)
Broker Profile
Proposed Service Team
List the key individuals in !he management end marl<.eting team assigned to the account and !h~ allocation of time
expected servicing the account. Indude the following for each member of the service team:
~ Years wi!h the finm and total years in !he industry;
~ Profile of experience in the insurance industry and wi!h similar client(s);
~ Educational background and professional designations;
~ Description of each member's role in servicing the account. specific activities to be performed, and
estimated annual hours budgeted.
. Provide a reference list of similar types of dients including the contact person(s) and telephone number(s).
. What is !he range of account size currently handled?
. Why should we choose your organization?
. What is your servicing plan to stay abreast of the changing exposures the City may have?
. Provide a list of !he major insurance carriers, which you can access directly. Can you access those carriers
currently writing !he insurance coverage?
. Provide detail of loss control areas of expertise within your office (if any).
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Request for Proposal
Property & Casualty Insurance Broker
Merch 14, 2007
Page 4
Selection Criterta
Considerations for awardino !he Contract include:
. The experience of the broker and the assigned personnel;
. The brokerage finm's access to and reputation w1!hln !he insurance marl<.etplace;
. The general and specific areas of insurance knowledge of assigned personnel;
. The ability of !he broker to worl<. wi!h the City and !heir consultants;
. Client references; and
. The cost of the service.
Comoensatlon. Contract Tenn and Fee
Propose a compensation arrangement for your recommended scope of services. Your response should include !he
following issues:
. A fee or total compensation package, and not a commission arrangement. However, we understand !here may be
markets, which do not or cannot quote on a net commission basis, thus, it may be necessary for !he
compensation package to indude both commissions and fees. In this scenario, !he commissions will be
subtracted from !he total compensation to create a net fee.
. It is our intent to select a broker prior to May 1, 2007. The initial contract will commence immediately as !he
broker will need to work wi!h !he City personnel to obtain the renewal information and commence renewal
negations for the coverage effective July 1, 2007.
. It is our intent to enter into a long-term relationship, !hus we ask each broker to indicate the fee for !he second and
third years of !he contract The initial contract would run !hrough April 1 , 2008, annually !hereafter, and is subject
to !he approval by !he City Council.
. Please outline !he payment terms of !he fee.
. Specify "hourly rate" for additional services, by area, If requested by the Client
Cancellation Aare&mllnt
The City may unilaterally cancel this agreement with a !hirty-day prior written notice.
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