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cp05-22-2007 cAGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, MAY 22, 2007 CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Rev. Gerhard Bode, Peace Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF MAY 9, 2007 Action - Motion to approve as presented 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING DEPARTMENT MONTHLY REPORT FOR APRIL 2007 2. PLANNING COMMISSION MINUTES OF APRIL 17, 2007 3. CITY OF HUTCHINSON FINANCIAL REPORT FOR APRIL 2007 4. CITY OF HUTCHINSON INVESTMENT REPORT FOR 2007 • (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13214 —RESOLUTION FOR PURCHASE (LIFT STATION CONTROL PANEL AND UNLEADED FUEL) 2. RESOLUTION NO. 13215 — RESOLUTION RELEASING AND ACCEPTING PLEDGED SECURITIES FOR COLLATERAL FROM HOME STATE BANK (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION FOR APPROVAL OF A VARIANCE TO REDUCE CORNER SIDE AND FRONT SETBACKS FOR ADDITION TO HOUSE LOCATED AT 447 ERIE STREET SE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13195) 2. CONSIDERATION FOR APPROVAL OF A VARIANCE TO REDUCE CORNER SIDE SETBACK FOR REPLACEMENT OF GARAGE AND EXISTING PORCH LOCATED AT 447 HURON STREET SE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13196) 3. CONSIDERATION FOR APPROVAL OF CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT AND SEVEN LOT SPLITS LOCATED IN KOTTKE COURT SUBMITTED BY HAGEN BUILDERS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13197 THROUGH 13204) 4. CONSIDERATION FOR APPROVAL OF SUBDIVISION AGREEMENT AND FINAL PLAT TO BE KNOWN AS EXCELSIOR ADDITION SUBMITTED BY JEFF MUNSELL WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13205) 5. CONSIDERATION FOR APPROVAL OF SITE PLAN FOR FARMERS' MARKET PAVILION WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13206) CPIT COUNCIL AGENDA — MAY 22, 2007 • (d) CONSIDERATION FOR APPROVAL OF AWARDING BID FOR BURICH ARENA COOLING TOWER (e) CONSIDERATION FOR APPROVAL OF MN/DOT ADVANCED CONSTRUCTION AGREEMENT FOR SCHOOL ROAD PEDESTRIAN UNDERPASS (LETTING NO. 1, PROJECT NO. 07 -01) (f) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2007 PAVEMENT REHABILITATION PROGRAM (LETTING NO. 5, PROJECT NO. 07 -05) (g) APPOINTMENT TO POLICE COMMISSION (h) CONSIDERATION FOR APPROVAL OF PREMISES PERMIT RENEWAL FOR LAWFUL GAMBLING LOCATED AT VFW POST 906 (i) CONSIDERATION FOR APPROVAL OF PROCEDURAL GUIDELINES FOR HOMEOWNER HOUSING REHABILITATION PROGRAM FOR EXPANDED FRANKLIN GROVE NEIGHBORHOOD AND PROCEDURAL GUIDELINES FOR HOUSING REHABILITATION REVOLVING LOAN FUND AND AMENDMENT TO CITY /HRA ADMINISTRATIVE CONTRACT (j) CONSIDERATION FOR APPROVAL OF PUBLIC DANCE PERMIT AND SHORT -TERM 3.2 MALT LIQUOR LICENSE FOR HUFCHINSON JAYCEES ON JUNE 15, 2007 (k) CONSIDERATION FOR APPROVAL OF PURCHASE OF AMBULANCE AS REQUESTED BY • HUTCHINSON AREA HEALTH CARE (1) CONSIDERATION FOR APPROVAL OF PARADE PEDDLER'S PERMIT FOR GERALD JOHNSON ON JUNE 17.2007 (m)CONSIDERATION FOR APPROVAL OF AUTHORIZING CREEKSIDE COMPOST FACILITY TO PROVIDE SERVICES FOR COMPOSTING AND RECYCLING AT THE 2007 MCLEOD COUNTY FAIR Action — Motion to approve consent agenda 7. PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF ISSUING ON -SALE INTOXICATING & SUNDAY LIQUOR LICENSE TO AMERICAN PASTIME BARBEQUE AND SPORTS TAVERN, LLC, TO BE LOCATED IN CORNERSTONE COMMONS Action — Motion to reject — Motion to approve (b) REVIEW AND COMMENTS ON HOSPITAL PRIVATIZATION PROCESS Action — Motion to reject — Motion to approve 8. COMMUNICATIONS, REQUESTS AND PETITIONS ! (a) PUBLIC ARTS COMMISSION UPDATE Action - 2 CITYCOUNCIL AGENDA —AMY 22, 2007 • (b) UPDATE ON CREEKSIDE COMPOST FACILITY Action - 9. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 07 -0463 — AN ORDINANCE ADDING LANGUAGE TO THE WIND ENERGY CONVERSION SYSTEM (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR JUNE 12, 2007) Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL OF AWARDING CONTRACT FOR WASTEWATER TREATMENT FACILITY IMPROVEMENTS — LETTING NO. 4, PROJECT NO. 07 -04 Action — Motion to reject — Motion to approve 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF ITEMS REGARDING HUTCHINSON DAM REPLACEMENT PROJECT (LETTING NO. 2, PROJECT NO. 07 -02) Action — Motion to reject — Motion to approval (b) DISCUSSION ON SKY DIVE HUTCHINSON PROPERTY • Action - (c) DISCUSSION OF 2008 BUDGET PARAMETERS Action — (d) CONSIDERATION OF APPOINTMENT OF INTERIM COUNCIL REPRESENTATIVE TO HUTCHINSON HEALTH CARE Action - 11. MISCELLANEOUS (a) COMMUNICATIONS 12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 13. ADJOURN MINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL WEDNESDAY, MAY 9, 2007 CALL TO ORDER – 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Bill Arndt, Jim Haugen, Casey Stotts and Kay Peterson. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2. INVOCATION – Due to the absence of Rev. Gerhard Bode, Peace Lutheran Church, the invocation was dispensed.— 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS Kurtis Hughes, 982 Jefferson Street, presented before the Council. Mr. Hughes commented on the topic of the possibility of cutting City dispatch services. He voiced his opposition to cutting dispatch and moving the procedure to the County system. 5. MINUTES (a) REGULAR MEETING OF APRIL 24, 2007 Bill Arndt noted that he was absent from the April 24, 2007, meeting and the minutes should reflect that. Motion by Haugen, second by Cook, to approve the minutes with the change indicated above. Motion carried unanimously. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PUBLIC ARTS COMMISSION BOARD MINUTES FROM MARCH 15, 2007 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MARCH 20, 2007 3. FIRE DEPARTMENT MONTHLY REPORT FOR APRIL 2007 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13190 – RESOLUTION CONCURRING IN APPROVAL AND AUTHORIZATION OF EXECUTION OF MINNESOTA MUNICIPAL GAS AGENCY AGREEMENT 2. RESOLUTION NO. 13191 - RESOLUTION FOR PURCHASE (BIODIESEL) (c) CONSIDERATION FOR APPROVAL OF SOLICITOR'S LICENSE FOR TONY JENSEN ON BEHALF OF THE HUTCHINSON HOCKEY ASSOCIATION (d) CONSIDERATION FOR APPROVAL OF DESIGN SERVICES AGREEMENT WITH TKDA & ASSOCIATES FOR COMPREHENSIVE AIRPORT PLAN UPDATE (e) CONSIDERATION FOR APPROVAL OF PARADE PERMIT FOR THE FOUNDATION FOR CHALLENGED CHILDREN ON MAY 19, 2007 • (f) CONSIDERATION FOR APPROVAL OF AUTHORIZING THE HUTCHINSON EDA TO HIRE ZRT ENGINEERS /ARCHITECTS FOR DESIGN OF INDUSTRIAL SPEC BUILDING Item 6(b)l was pulled for separate discussion. 5'0 CITY COUNCIL MINUTES — MAY 9, 2007 Motion by Stotts, second by Peterson, to approve the consent agenda with the exception of Item 6(b)l. • Motion carried unanimously. Item 6(b)1 had further discussion. Mayor Cook noted that the Hutchinson Utilities Commission acted on this item yesterday morning. The hope of taking this action would aid HUC in purchasing natural gas at a higher volume with a reduction in overall cost. The MPUC would oversee this project. Motion by Peterson, second by Stotts, to approve Resolution No. 13190. Motion carried unanimously. Mayor Cook also mentioned that the Hutchinson Jaycees had submitted a letter requesting their annual request for various permits required for the Water Carnival that will be held June 11 — 17, 2007. Motion by Arndt, second by Peterson, to approve the permit requests of the Hutchinson Jaycees for the Water Carnival activities. Motion carried unanimously. 7. PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF PROPOSED GRANT APPLICATION ON BEHALF OF CUSTOMER ELATION Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that a current project of the EDA is the recruitment of a business called Customer Elation, which is a call center operation. For this project, the EDA is applying to a state program called the Minnesota Investment Fund for a grant in the amount of $500,000. The state would make the grant to the City, the City would loan the money to the company and once the loan is repaid, the City can add those loan dollars permanently to the Industrial Park revolving loan fund. The company is looking for a 20,000 square foot facility that would employ approximately 200 people. . Mr. Seppelt reviewed the following topics: project background, project scope, type of activity, project schedule, overall cost & proposed financing, funds benefiting Low/Moderate Income persons, displacement/relocation (not applicable) and housing & community development. No public comments were received. Motion by Arndt, second by Stotts, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Stotts, to approve proposed grant application on behalf of Customer Elation, adopting Resolution No. 13192. Motion carried unanimously. 8. COMMUNICATIONS, REQUESTS AND PETITIONS (a) SUMMARY REVIEW OF HOSPITAL PRIVATIZATION PROCESS Paul Torgerson, City of Hutchinson special counsel, presented before the Council. Mr. Torgerson reviewed with the Council that in November 2004 a hospital privatization task force was created. The charge of the task force was to determine whether or not the City should consider moving forward with converting Hutchinson Area Health Care to a private, non - profit entity. The task force identified that HAHC is a regional care provider and that integrated care is strong in the marketplace. The task force came to the conclusion that a nimble organization that could move quickly and competitively in the marketplace should be the direction of the organization. This conclusion included recommending to the City Council that they consider moving forward with privatizing HAHC. Work that has taken place since the task force's recommendation include creating a lease -model of pprivatization, whereas HAHC will lease the facilities, land, etc. from the City of Hutchinson. The model that Mr. Torgerson presented included creating a new, non - profit entity that would be governed by a board of directors, however the City would appoint a minority of the board of directors. This would allow significant input of the City Council. Two of the board members of the entitv could be Council Members. The lease, again, would include real estate and personal property and HAHC would turn over other operating assets. CITY COUNCIL MINUTES — MAY 9, 2007 The annual rent amount would be a hypothetical amount of $160,000, plus debt service. The initial annual rent amount would inflate 5% over the 30 year lease term. The lease term would be for 30 years, with the option renew for an additional 30 years. The springing membershi rights would include the City obtaining the proceeds after the sale, obtaining the assets upon dissolution of the entity, having step -in rights in certain events, having amendment approval rights, and having "end game" transaction approvals. City representatives have commented that they wish to maintain health care in Hutchinson and be locally controlled. This model gives the new entity the freedom to operate on a day -to -day basis, however allows City control related to a windfall or dissolution. For all intents and purposes, the public will see no change as to what it sees today. Management, employees, location, will all remain as it is today, however will be under the devise of the new nonprofit entity. Mayor Cook noted that, in a lot of respects, nothing major has changed as far as asset protection and organizational structure. Mary Ellen Wells, HAHC President, presented before the Council. Ms. Wells commented that during this process the following items were always at the forefront: maintaining safe, superior care, the interests of employees and enabling the entity to be successful. Mayor Cook noted that he would like to set a town hall public meeting to continue the discussion and review the model of privatization for May 17, 2007, at 7:00 p.m. at the City Center. Motion by Cook, second by Stotts, to set town hall public meeting for May 17, 2007, at 7:00 p.m. to provide public feedback related to this topic. Motion carried unanimously. Motion by Stotts, second by Cook, to set May 22, 2007, at 6:00 p.m. as a public hearing to receive public feedback related to this topic. Motion carried unanimously. UNFINISHED BUSINESS (a) DISCUSSION OF 2008 BUDGET PROCESS Mayor Cook noted that there may be confusion as to the budgeting for outcomes project. He reviewed the initial budgeting for outcomes steps that have been completed which include determining the local price of government, held public focus groups and set a maximum budget. Mayor Cook then reviewed other steps that are part of the formal budgeting for outcomes process which include: establishing results teams that would identify best strategies to achieve desired outcomes, request for results, allocating udget dollars between outcome areas, offers coming back from staff, the result teams would prioritize offers based on cost and ability to achieve desired outcomes, a proposed budget would be brought to the City Council, the City Council would set the budget based on priorities, cost and ability to achieve desired outcomes, indicators and performance measurements would be included with the offers and a budget document would be created that would explain what is kept and what is not based on priorities, cost & desired outcomes. These steps would not be included in the way the City currently adopts an annual budget. Since the "bidding process" or offers being submitted from staff has been noted as a concern, Mayor Cook suggested having a leadership team look at the offers or budget submittals via department. He suggested calling the process "budgeting for priorities ". The mayor feels that this type of model maybe a hybrid model that was suggested at a previous meeting. Stotts proposed all current work be stopped on this process until a Council workshop is held to decide the direction the Council wishes to proceed. He also asked that no City staff work on this project until the entire Council decides as a body which direction they would like to go with the budgeting process. He would prefer that a process be established for the 2009 budget pro_ cess, He would like to hold a workshop in July or August to discuss this item. Peterson suggested using the citizens group to review departmental budgets. Mayor Cook suggested that the 40 departmental budgets include services and not just line item numbers. Motion by Peterson, second by Stotts, to declare that the 2008 budget be established as budgets have been prepared in the past. Motion carried unanimously. r (c) CITY COUNCIL MINUTES — MAY 9, 2007 16 NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF CREATION OF FINANCIAL MANAGEMENT DEBT PLAN Ken Merrill, Finance Director, presented before the Council. Mr. Merrill explained that previously when the Council was reviewing the tax levy and bond issuance, it was suggested that a debt study be completed. This study would review revenue collections, existing debt issues, future balances, future annual levies and projected overall future debt. The City's financial advisor, Ehlers & Associates, have proposed to complete this study for a not to exceed amount of $6500 which will he paid for out of the Finance Department General operation, water and sewer general operations and excess bond fund. Mr. Merrill noted that the study does not need to be completed now, but he felt he would share Ehlers proposal since a study was suggested previously. Motion by Cook, second by Haugen, to approve creation of financial management debt plan. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF AWARDING PROPOSAL FOR INSURANCE SERVICES Gary Plotz, City Administrator, presented before the Council. Mr. Plotz explained that the City has an agent of record that monitors insurance claims brought against the City. These include workers' compensation and miscellaneous claims. Mr. Plotz further explained that the City went out for a Request for Proposals to obtain proposals from various providers. Three proposals were received and reviewed. These proposals • were from Insurance Planners, T.C. Field & Company and Arthur J. Gallagher Risk Management Services, Inc. The lowest proposal came in from AJ Gallagher at $12,500 per year for the next three years. This amount is significantly lower than what the City pays currently. The committee that reviewed the proposals are recommending the City hire AJ Gallagher as the agent of record. Items considered when reviewing the proposals were account manager expertise, team experience and expertise, depth of experience in the municipal sector, client services, cost and references. Motion by Cook, second by Stotts, to approve awarding proposal for insurance services to AJ Gallagher Risk Management Services for 2007, 2008 and 2009. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF AWARDING CONTRACT FOR WASTEWATER TREATMENT FACILITY IMPROVEMENTS — LETTING NO. 4, PROJECT NO. 07 -04 Kent Exner, City Engineer, asked that the Council consider awarding the contract to John T. Jones Construction Company of Fargo, ND, in the amount of $11,100,000.00. The award of this contract is conditional on the City's NPDES Wastewater Discharge Permit being approved by the MPCA and the Public Facility Authority Loan being allocated to the City. Jim Hagley, Donohue & Associates, presented before the Council and reviewed the bidding process. Motion by Arndt, second by Peterson, to approve awarding contract for Wastewater Treatment Facility to John T. Jones Construction. Mayor Cook suggested tabling this item to the next meeting for further discussions to take place before the City is locked into a contract. This discussion would include speaking to a large manufacturer to try to forecast their future needs and capacity. Council Member Arndt motioned to pulled his motion from the floor, second by Peterson. 4 5 ��� CITY COUNCIL MINUTES — MAY 9, 2007 Motion by Arndt, second by Peterson, to table this item to May 22, 2007. Motion carved unanimously. (d) CONSIDERATION FOR APPROVAL AWARDING CONTRACT FOR MONTANA STREET NW EXTENSION - LETTING NO. 1 A, PROJECT NO. 06-01 A Kent Exner, City Engineer, presented before the Council. Mr. Exner stated that the low bidder was received from R &R Excavating Inc. in the amount of $186,194.16. The award would be conditional on the City's acquisition of all necessary property easements required to complete the proposed improvements. Motion by Stotts, second by Peterson, to approve awarding contract to R &R Excavating Inc. for the Montana Street NW Extension with the condition noted above. Motion carried unanimously. 11.NUSCELLANEOUS (a) COMMUNICATIONS Resolution No. 13193 — Resolution Approving Mn/DOT Use Permit No. 4308002 for TH 7/22 & School Road Pedestrian Underpass and Authorization for Execution of Documents Kent Exner explained that this Resolution is basically a requirement of Mn/DOT to complete the paperwork for this project. Motion by Peterson, second by Arndt, to approve Resolution No. 13193. Motion carried unanimously. 2. Resolution Calling For a Public Hearing on the Proposed Adoption of a Modification to the Development Program for Development District No. 4 and the Proposed Establishment of TIF • District No. 4 -15 and the Adoption of a Tax Increment Financing Plan Therefor. Miles Seppelt, EDA Director, explained that the request of the EDA is to create a TIF District for the spec building that was previously approved. The idea of the spec building is to help recruit new businesses to. Hutchinson in the Industrial Park. The spec building will be built on one of the lots the EDA owns in the Industrial Park. Motion by Arndt, second by Peterson, to set public hearing for June 12, 2007, at 6:00 p.m. to hear proposed adoption of modification to the development program for Development District No. 4 and the proposed establishment of Tax Increment Financing District No. 4 -15. Motion carried unanimously. Marc Sebora— Attorney Sebora noted that he will he holding an informational meeting on May 21, 2007, at 2:00 p.m. at the Event Center to review the smoke -free workplace ordinance with business owners and other interested parties. Mayor Cook also noted that there is some grant money available to persons interested in quitting smoking but that do not have insurance coverage. Kay Peterson — Council Member Peterson congratulated Dan Hatten, emergency services, ambulance services and LifeLink on the mock crash presented last week. The crash will be shown on HCVN, Channel 10 at 2:00 p.m. Ms. Peterson also noted that she will be missing the next meeting to have surgery. Gary Plotz — Mr. Plotz noted that the City had a successful hard good pick up a few weeks ago. Mr. Plotz also noted that on June 2, 2007, a community cleanup will be held. More information will be forthcoming. Kent Exner — Mr. Exner noted that the work is proceeding on the final design of the Crow River Dam. A public informational meeting will be held on May 24, 2007, from 5:00 — 7:00 p.m. at the City Center. Mr. Exner also commented on the Hwy 7 project. He urged travelers to refrain from entering the construction zone. Mr. Exner also noted that the new water plant is up and running. General discussion was held • regarding the use of the bass pond for runoff. Mayor Cook — Mayor Cook thanked Miles Seppelt, EDA Director, for the letter he wrote to the Star Tribune regarding the gas tax. Mayor Cook also noted that, related to hospital privatization, the hospital board is 50 CITY COUNCIL MINUTES — MAY 9, 2007 hoping to approve the lease document at their board meeting next week, with the City public hearings on May 17 and May 22, and then bringing the document forth to the Council following that. �. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Arndt, second by Haugen, to pay claims, appropriations and contract payments. Motion carried unanimously. 13. ADJOURN Motion by Arndt, second by Stotts, to adjourn at 7:30 p.m. Motion carried unanimously. • • 6A • 0 CTFN OF 11( l (JUNSON ()UN I'Of BUILDINGI'Ll HANICAL PERMITS ISSUED AND N A1,1 A] 10,'S April 2007 No. of Permits Valuation AccessorN, Bldp Basement Finish 6 Buildings Demolished I Commercial —New 1 1,5 80,6(—)0 Commercial AdditioniRemodel�- 1 11,000 Commercial re -Roof 2 785,000 Deck 11 Drivewav - Residential l 6 - Fence 8 Garage- Detached 4,000 Miscellaneous 2 :Reshmgle Re sidential 12 Residential Addition Repair /Remodel 5 21,560 Reside - Residential I Single Family 496,000 TenVorary Pemut 190,000 Townhouse Unit Window Replacement Residential 7 Mechanical 19 358,200 Plumbing I I Sign 10 DOTAL PERMITS ISSUED AND VALUATION 113 3,445,700 �;rgs,, • MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, April 17, 2007 Hutchinson City Council Chambers CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Lynn Otteson at 5:30 p.m. with the following members present: Christie Rock, John Lofdahl, Jim Haugen, Chris Kovacic, Mike Flaata, Farid Currimbhoy and Chairman Otteson. Absent: Also present: Rebecca Bowers, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator. 2. PLEDGE OF ALLEGIANCE 3. 4. CONSENT AGENDA a) Consideration of Minutes dated March 20, 2007 b) Lot Split located at 200 Ottawa Ave. S.W. submitted by Paul Betker c) Lot Split located at 205 Ottawa Ave. S.W. submitted by Paul Betker • d) Lot Split located at 210 Ottawa Ave. S.W. submitted by Paul Betker e) Lot Split located at 215 Ottawa Ave. S.W. submitted by Paul Betker 0 Lot Split located at 225 Ottawa Ave. S.W. submitted by Paul Betker g) Lot Split located at 260 Ottawa Ave. S.W. submitted by Paul Betker h) Lot Split located at 270 Ottawa Ave. S.W. submitted by Paul Betker Mr. Flaata moved to approve the consent agenda as submitted. Seconded by Mr.Currimbhoy. The consent agenda was approved unanimously. 5. PUBLIC HEARINGS a) PRELIMINARY AND FINAL PLAT TO BE KNOWN AS FIRST ADDITION TO RAVENWOOD WEST SUBMITTED BY RAVENWOOD POND HOMEOWNERS ASSOCIATION Chairman Otteson opened the hearing at 5:35 p.m. with the reading of publication #7561 as published in the Hutchinson Leader on April 5, 2007. Ms. Bowers commented on the request for a preliminary and final plat to divide Outlot A, which is the pond area, and add property to the seven property owners to the west of the outlot. The homeowners would like to disband the association. She explained there would be an easterly portion added to the Ravenwood South subdivision. She stated the newly (9(602- Minutes Planning Commission -April 17, 2007 Page 2 platted area would be an easement area. She also explained no construction is allowed in the airport zone. Staff would recommend approval with the following recommendations: 1. No structures of any kind shall be placed or constructed within the drainage and utility easement area or Outlot A. 2. The resolution shall be recorded on Outlot A in order to assure future developers and /or property owners are aware of conditions and restrictions. 3. Existing drainage and utility easements must remain in place. 4. Pond maintenance access must be provided from Blue Jay Drive. The applicant must provide a 20 -foot drainage and utility easement over the stormwater pipe from the pond to Blue Jay Drive. 5. Property owners are responsible for maintenance of their entire lot and pond. 6. Property owners are encouraged to consider the planting of native grasses and low maintenance plantings in the area of easement up to the pond. Ms. Bowers explained number 5 should not include the wording "the pond ". She explained the city is responsible for maintenance of the pond. Discussion followed on the planting of native grasses around the pond. Ms. Bowers stated staff is working on education for City residents regarding the best plantings for pond areas. There was also discussion • on the option uniform plantings along the pond area across the 7 lots. Bruce Naustdal, 1175 Dale Street S.W., commented on the request and changes from the past. He stated there are presently plantings around the pond. He stated there is not association money to do uniform plantings. Ms. Bowers explained it will be difficult to enforce uniform plantings if neighbors do not agree. Discussion followed on what can be planted in the easement area. Anita Leipke, 1235 Dale St. S.W., asked if there are any regulations for placing rock along eroding areas by the pond. Mr. Exner commented on the protection of everything in the high water level area. He explained the City needs to have a policy to protect the ponds. He stated staff will look at writing a policy. Mr. Exner stated trees and shrubs must be set back from the high water level of the pond. Discussion followed on who pays for the dredging of the ponds in the City. Ms. Rock asked what the stormwater utility fees are used for that are collected from all city residents. Mr. Exner stated the fees collected will not cover the entire costs of dredging the ponds. Discussion followed regarding the mitigation of erosion into the pond. Mr. Exner recommended a 25' buffer strip around the perimeter of ponds with native grasses. He reported a stormwater management ordinance is in place. Mike Leipke, 1235 Dale Street S.W., commented on the quality of homes • along the pond and stated residents will take care of their property. He explained the homeowners have pride in their property. b (a) Minutes Planning Commission —April 17, 2007 Page 3 • Mr. Haugen made a motion to close the hearing. Seconded by Mr. Lofdahl. the hearing closed at 5:56 p.m. Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations deleting the words "the pond" in number 5. Seconded by Mr. Lofdahl. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held April 24, 2007, at 5:30 p.m., in the Council Chambers. b) VARIANCE TO ALLOW TWO DETACHED GARAGES ON A LOT LOCATED AT 1410 JEFFERSON STREET S.E. Chairman Otteson opened the hearing at 5:58 p.m. with the reading of publication #7572 as published in the Hutchinson Leader on April 5, 2007. Ms. Bowers commented on the property which is a large two acre lot with a more rural development feel. It was annexed recently by the City. She explained the new garage would conform to the setback. The existing garage is non - conforming to the north property line. The existing non- conforming garage will be removed. Ms. Bowers explained the location of the new garage. She explained staff has reviewed the variance request and determined that there could be a finding of undue hardship and uniqueness due to the large size of the property (2 acres), extremely deep lot, and recent annexation. She explained the undo hardship and • reported this is a reasonable request. Staff would recommend approval with the following recommendations: 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the very large size and depth of the property, replacement of an existing non - conforming garage, and recent annexation into the City. The circumstances were not created by the property owner and the variance would not alter the essential character of the locality. 2. The applicant shall identify the existing private storm tile line prior to construction on site. The building must not encroach over the private storm tile line. 3. The existing detached garage in the rear yard must be removed prior to final inspection of the new garage. 4. Moving or relocating of any services are at property owner's expense. Ms. Bowers commented on the past approvals of second garage variances. Mr. Zumach, 1410 Jefferson Street S.E., commented on his reasons for the replacement of the second garage and the change in the north property line. He explained he wants to make his property look nice. He stated this will not be a pole shed. He has talked to the neighbors. • Mr. Exner stated there is sufficient access to.the pond. b ((A)Z Minutes Planning Commission —April 17, 2007 Page 4 • Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:07 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations noting the hardship and uniqueness due to the large size of the property, extremely deep lot, and recent annexation status. Seconded by Mr. Flaata, the motion carried unanimously. Chairman Otteson stated this item will be placed on the City Council consent agenda at their meeting held April 24, 2007 in the Council Chambers at 5:30 p.m. c) CONDITIONAL USE PERMIT TO ALLOW FIREWORKS TENT SALES LOCATED IN WALMART PARKING LOT AT 1300 HWY 15 SOUTH Chairman Otteson opened the hearing at 6.09 p.m. with the reading of publication #7573 as published in the Hutchinson Leader on April 5, 2007. Ms. Bowers explained the request which is a yearly request. She commented on the location of the tent and the site plan. She commented on the dates of tent display. Staff recommends approval with the following recommendations: 1. Display must be kept secured. 2. Signage requires a separate permit. 3. Access must be from the internal parking lot. 4. The permit is allowed from June 18, 2007 to midnight July 9, • 2007. The police and fire departments have had no problems with the tent sales. Ms. Bowers stated the tent is manned 24 hours to avoid problems. Mr. Haugen made a motion to close the hearing. Seconded by Ms. Rock the hearing closed at 6:12 p.m. Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Rock, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held April 24, 2007 in the Council Chambers at 5:30 p.m. d) VARIANCE TO ALLOW A 19' CORNER SIDE YARD SETBACK WHERE 25' IS REQUIRED FOR AN ADDITION TO A NON- CONFORMING HOUSE AT 340 — 5T" AVENUE S.W. Chairman Otteson opened the hearing at 6:13 p.m, with the reading of publication #7574 as published in the Hutchinson Leader on April 5, 2007. Ms. Bowers commented on the request and explained the proposed construction. She stated the existing home is non - conforming. The new addition will be approximately 19 feet from the comer side property line. She commented on the large boulevard which is unique to the property. She explained the property's unique conditions and the request is • reasonable. She stated no reasonable addition could be made without a vU)2 Minutes Planning Commission —April 17, 2007 Page 5 variance. Staff recommends approval of the request with the following • recommendations: 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the small lot size, existing nonconforming setback due to construction prior to modern zoning regulations, large boulevards, and small rear yard that would not allow a reasonable addition within current regulations. The circumstances were not created by the property owners and the variance would not alter the essential character of the locality 2. The property owner shall verify the location of the private tile line prior to construction on site. 3. Relocation of any services will be at the property owner's expense. 4. The driveway shall be paved with the construction of the garage. 5. Drainage shall be contained on -site and may not affect neighboring properties. 6. The lot coverage may not exceed 50% of the total area of the lot. Jim Lowinske, 340 -5"' Ave. S.W., stated he does plan on cementing the driveway in the future. The entire house will be remodeled and resided, new windows, etc. He has no issues with the paved driveway recommendation. Discussion followed regarding the average setbacks of the properties along Grove Street. Ms. Bowers stated no site lines will be • affected to the intersection with this addition. Mr. Flaata made a motion to close the hearing. Seconded by Mr. Currimbhoy, the hearing closed at 6:20 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations noting the hardship of the small lot size, the existing non - conforming setback due to construction prior to modem zoning regulations, the large boulevard and the small rear yard that would not allow a reasonable addition within current regulations. Seconded by Mr. Flaata , the motion carried unanimously. Chairman Otteson stated this item will be placed on the City Council consent agenda at their meeting held April 24, 2007 in the Council Chambers at 5:30 p.m. e) AMENDMENT TO ZONING ORDINANCE ADDING WIND ENERGY CONVERSION SYSTEM LANGUAGE Chairman Otteson opened the hearing at 6:21 p.m. with the reading of publication #7575 as published in the Hutchinson Leader on April 5, 2007. Ms. Bowers presented the ordinance. She stated it is based on a model ordinance and explained it is technical and the moratorium will end the end of June. She explained she will write another energy ordinance for other alternative energy options. She explained the definitions, application procedures, zoning districts permitting the turbines and • setback requirements. She commented on the logic for R1 and R2 �D 02 Minutes Planning Commission —April 17, 2007 Page 6 permitting the turbines to allow schools, churches or other larger uses • that are allowed in the residential districts to use wind turbines. Discussion followed on what size lot would allow a wind turbine. There was discussion regarding the correct definition of substation KV or KW. Staff will research and correct if necessary. Ms. Bowers stated there may be changes to the ordinance in the future. There was discussion on the standards to be used. Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:44 p.m. Mr. Lofdahl made a motion to recommend approval of the request with the correction noted if needed. Seconded by Mr. Haugen, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held April 24, 2007 in the Council Chambers at 5:30 p.m. 6. NEW BUSINESS 7. OLD BUSINESS a) Update on Hwy 7 Study Area Project • Ms. Bowers updated the Planning Commission on the City Council action regarding the reduced study area and the 6 month length of the moratorium. She reported the second reading will take place next week. She stated Landform Consulting was selected as the consultant. She explained the next step will be to set up meetings. She asked for two Planning Commission volunteers to serve on the advisory panel. She explained the up front involvement will be 4 meetings over 6 months plus two open houses. Chris Kovacic and Lynn Otteson volunteered to serve on the committee. Jim Haugen volunteered to be the City Council representative. Ms. Bowers stated the kickoff meeting will be held the end of April or beginning of May. b) Annual Planning, Zoning and Building Report by Rebecca Bowers Ms. Bowers gave the annual report. c) Shoreland Management seminar — Chair Otteson commented on the seminar she attended given by the Government Training Services. 8. COMMUNICATION FROM STAFF 9. ADJOURNMENT • There being no further business the meeting adjourned at 7:10 p.m. b(R)2- 2007_ 1- _ - - - CITY OF HUTCHINSON FINANCIAL REPORT -7T-- -- 26V---- - - -- - EVENUE REPORT - GENERAL - --- _- lApril - MONTH TH DATE AEC YEAR _ADOPTED_ PTED _ MAINING- PERCENTAGE USED AXES _ 3,800,66500 3,80,665.001_ 0.00 %0 ICENSES 40,616 50 26300 33L529 14 48,400 00 14 870.86 _ 69.28°A. TERIGOVERNME MENTAL REVENUE UE 150,262 OS _ 28,54&77 3 647.65 - 44 914 79 2 784,4510 00 - 2,719,536 21,- 18.6 - - -- 1.62 °/� HARGES FOR SERVICES _ _ _ 375,689 32 _ _9.3,078.18 391,688.92 1,690,312.00 1,298 643.08, 23.17°,6 INES & FORFEITS _ _ 11,87_4 44 4,395.46 _ __ 14,076.6 68,000 00 53,923.36 _ 20 7_0% EIMBURS _ _ _ �s,ess.3z) 1s7 9z_ _ (7 254.7a) 70,000 0o n 25a 74 _ - 10.36 %� EMENDS 70,217 85 37,94043 78 336.14 290,116 00 211 ,779 86 2200% RANSFER _ 269,855.601 269,296.17 283 948.67 1,673,100.00 1,389 151.13 16.97% _ 1,251.12 5-.14.00 0 00 (751.12) _ URCHARGES BLDG PERMITS 2,68347 12205i- OTAL -- -- -- -- _ 934,609. 541r- _438 586.13 - 898 648.510 726 9,827,595 48f - 8.38 %I rll 2006 CITY OF 2007 HUTCHINSON FINANCIAL REPORT 2007 20071 April; � P XPENSE REPORT - GENERAL Aprll April YEAR TO - - ADOPTED BALANCE PERCENTAGE YMI MONTH DATE ACTUAL BUDGET REMAINING USED 101 MAYOR & CITY COUNCIL 22,794. 11 2,428.90 17,881.93 60,198 00 42,316.07 _ 29.7-1%1 I 102 CITY ADMINISTRATOR 89,5E6.791 26 737.59 104 080.39 341,142 00 -2-37,061.61 30 51 °k, iO3 ELECTIONS _t 3 106 85 710.46 714.65 2,375 00 1 1860 35 30.09% iO4 FINANCE DEPARTMENT 13,941.63 r 34 321.91 162,092.46 584,932.00 422,839 54 2T 71% -[- ASSESSING LEGAL PLANNING 56, 009 INFORMATION SERVICES 4f372.5 18 564.71 75 959.40 260,503 00 184 54360 29.16% 110 POLICE DEPARTMENT 804,959.18 199 566.41 851 993.57 2,919,593.00 2,067 599 43 29.18%' 115 EMERGENCY MANAGEMENT 2,614.36 i 330.32 7 185.18 19,000.00 11,814.82 37.82 % 116 SAFETY COMMITTEE -- 7,036.00 -- 4,500.G01 - _ - 9 020.00 - 20,375 00 11L355.00 -- L_ 44.27% 126 FIRE DEPARTMENT 91,985.25 35 793.64 1 109 158.43 434,510 00 325,351.57 1 -- 25.12%, 130 PROTECTIVE INSPECTIONS 65,250.10 16,894.35 66,13M.80- 9 839.80 - 267,359 00 1 197,519 20 26.12 %i 150 ENGINEERING 148,713.29 29,855 09 141,397.27 607,218.00 - 465,820.73 -- 23.29% 1.152 STREETS &ALLEYS 334,59441 82,393.061 427,003.18 1,268,242.00 S41,238.82 ! 33.67 %i 166 CITY HALL BUILDING 43,322 96 9,169.18 40_,40_5._20_ 1_55,_499 00 115 093.80 25_._98%' 201 PARK/RECREATION ADMINISTR 63,575.99 _ 14,384.49 59 828 05 - _, 202, 557.00 _ 142,728.95 29.54% 1.202 RECREATION j- 1203 47 56"5 18 57844 _ 63 569 84 207,970.00 _ 144,400.16 _ 30.57%1 SENIOR CITIZEN CENTER 29.2111B 7,301.69 1 25,592.63 1 59,397.00 33,804.37 43.09 %� 1 204 CIVIC ARENA j 1W,256.22 19,308.75 124,580 68 I 299,265 00 174,684.34 41.63% _ 205 PARK DEPARTMENT 214,996 27 47 905.98 - 205,341.34 831,579.00 626,237.66 _ 24.69% 206 RECREATION BUILDING & PO01 36,056 83 1232078 5256249 134,450 00 81 687 51 39.09 %1 207 EVENTS CENTER 67,789.481 966.89 r 80 558.05 234,410.00 _ 153,851.95 _ 34.37 %� -.. _ 1 208 EVERGREEN BUILDING 4,698.56 _17 -. 1 126 91 - 4,328.54 16 000.00 - 11 671.46 27.05 %1 { 250 LIBRARY T 42 389 77 I_ 3 515 13 46,467.20 fi 175,634.00 129 166.80 26.46 %I 1 301 CEMETERY t ----k643.58 28 960.41 _ 30 323 73 1 142,760.00 112 436.27 _ 21.24% 310 DEBT SERVICE 25 000_.00 25,000.00 0.00 %! _ 320 AIRPORT j _ 29,071 17 _ _'I 7 855.08 103 017.00 _ _ _ 70 605 58 _ 31.46 %1 1 - - 1 350 UNALLOCATED GENERAL EXPE 72,070 27 I__ 8,002 54 -32,411.42 120 757.83 718,950 00 1 598 192.17 _ _ 16.80 %i _ _TOTAL 1 2,734,053 07 _ 670,03&741 741 3 033,442.43 10,726,244 00 J 7,692 801 57 j _ 28.28 9/6' • (S(a)s 2006 'CITY OF HUTCHINSON FINANCIAL REPORT '.April -- - - 2008 2007 20071 - -2007 2007 ;,REVENUE REPORT- GENERAL �� ACTUAL _ April YEAR TO' ' ADOPTED _ BALANCE PERCENTAGE Year to Date MONTH DATE ACTUALI BUDGET REMAINING USED )TAXES 0.00 0.00 0.00 3800,665.00 3,800665.00 0.00% LICENSES 40,616.50 263.00 33 529.14 48,400.00 14 870.86 69.28% PERMITS AND FEES 123,279.63 28,546.77 58,177.64 320 700.00 262,522.36 18.14% INTERGOVERNMENTAL REVENUE _ 50,262.05 3,847.85f 44,914.79 2,764,451.00 2 719,536.21 1.62% CHARGES FOR SERVICES 375,689.32 93,078.181 391,668.92 1,690,312.00 1,298,643.08 23.17% FINES & FORFEITS 11,874.44 4,395.46' _ 14,076.64 68,000.00 53,923.36 _ 20.70% INTEREST X9,869 32 197.92 7( 254.74) 70,000.00 77 254.74 10.36% REIMBURSEMENTS _ _ i 70,21765 3794043 78,336.14 290,116.00 _ 21177986 27.00% ITRANSFERS _ _ _ 269,85560 269,296.17 283948.87 1673,100.00 1,389,15113_ 16.97_% ,. _ SU - - - RCHAR _ GES -BLDG PERMITS 2,68347 1,220.55 1,251.12 50000 (751.12) 0.00 °h - _ _ — ( -8-9-8,64-852- r -- - __- TOTAL 934,669-.54 436 586.13 r 10,726,244.00 1 9,827,595.48 8.38% _ _2007_ April' Aril YEAR TO ADOPTED BALANCE April - p PERCENTAGE April EXPENSE REPORT - GENERAL - -...,- - -- - 2006 2007 - - — - - -- - — - - - - - SUMMARIZED YTDi _- MONTH DATE ACTUAL BUDGET REMAINING USED jGeneraIGovt. _ 507,321.08 1_35,795.61 571,523.22 2,038,95800 r- 1,467,434.78 _ 28.03% Public Safety 971,838 89 257,084.72 1,047 196 98 3,660,837.00 2 613 640 02 28.61% % Streets 8 Alleys _ _ 483,307 70 _112 248.15 568,400.45 1,875,460 00 1,307,059.55 30.31% Parks & Recreation 670,443.96 149,052.64 693,152.53 ` 2 304,022 00 J 1,610 869.47 30.08% - -_ _ 15,857.62 153 189.25 846,967 00 6.93 797.75 _ 18.0_8 °_k TOTAL 2,734,053.07 670,038.74 3,0331442:43 10 728,244.00 7,892 801.57 28.28% � aneous • va) n U �(0)� CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT • 17- May -07 April 30, 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 Bamey 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 5/21/2007 300,375.00 Smith Barney FHLM -C 5.550% 3/1/2006 3/1/2011 500,000.00 Smith Barney Rhinland (oorrrnercl: 5.374% 4/2/2007 5/412007 2,582,812.32 Wells Investmen FHLN 5.279% 03/22/06 01/29/07 500,000.00 Edward Jones FNMA 5.00% 10/12/2006 11/23/2007 500,000.00 Wachovia FHLB 4.00% 5/22/2003 5/22/2013 300,000.00 Wachovia FHLB 4.00% 6/12/2003 6/12/2013 300,000.00 Wachovia FHLB 4.000% 6/26/2003 06/26/13 400,000.00 Wachovia FHLB 4.000% 7/16/2003 7116/2013 200,000.00 Wachovia FHLB step 5.375% 2/14/2007 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 10/26/09 300,000.00 step up First Minnesota 5.180% 02/20/07 03/13/08 400,000.00 First Minnesota 4.650% 11/21/06 11/21/07 750,000.00 $9,853,187.32 n U �(0)� r1 L RESOLUTION NO. 13214 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Control Panel & Elementary 28,702 Replacement at Elementary Lift station W WTP Yes Quality Flow systems We following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR 8,503 gal Unleaded Fuel 24,629 Use by MnDOT, Utilities & City vehicles HATS YES Schmeling Oil Date Approved: May 22, 2007 Ootion Made By: Seconded By: Resolution submitted for Council action Kenneth B. Merrill by: Finance Director b (b) • • r� U RESOLUTION NO. 13215 RESOLUTION RELEASING & ACCEPTING PLEDGED SECURITIES FOR COLLATERAL FROM HOME STATE BANK, HUTCHINSON, MN. WHEREAS, Home State Bank a city depository, has requested the following security be released under collateral agreement with the City of Hutchinson: FHR 2584 HB cusip31393LJN4 $375,000 AND, Home State Bank has requested the following security be added under the collateral agreement with the City of Hutchinson: Kandiyohi County Mn GO cusip483710YB9 $200,000 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City Finance Director be authorized to release and accept the securities effective April 9, 2007. Adopted by the City Council this 22nd day of May 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor (S(b)Z 0 • C� REVISED RESOLUTION NO. 13195 RESOLUTION APPROVING A VARIANCE TO REDUCE CORNER SIDE AND FRONT SETBACKS FOR ADDITION TO HOUSE LOCATED AT 447 ERIE STREET S.E. Whereas, David Mielke, property owner, has requested approval of a variance to reduce corner side and front setbacks for additions to the house located at 447 Erie Street S.E.. with the following legal description: Legal Description: Lot 6, Block 45, South Half of Hutchinson Whereas, the Planning Commission met on May 15, 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 variance, subject to the following findings and conditions: 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the comer lot with large boulevards and the lack of adequate room to construct any addition to improve the entrances to home within the current setbacks. The circumstances were not created by the property owners and the variance would not alter the essential character of the locality. 2. Impervious surface coverage must not be more than 50% of the lot area. The applicant should be aware of the coverage maximum in considering future improvements into their plans. 3. Any relocation of gas or electric service will be at the property owner's expense. Adopted by the City Council this 22°s day of May, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor (G) ) • • • RESOLUTION NO. 13195 RESOLUTION APPROVING A VARIANCE TO REDUCE CORNER SIDE AND FRONT SETBACKS FOR ADDITION TO HOUSE LOCATED AT 447 ERIE STREET S.E. Whereas, David Mielke, property owner, has requested approval of a variance to reduce comer side and front setbacks for additions to the house located at 447 Erie Street S.E.. with the following legal description: Legal Description: Lot 6, Block 45, South Half of Hutchinson Whereas, the Planning Commission met on May 15, 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 variance, subject to the following findings and conditions: 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the very large size and depth of the property, replacement of an existing non - conforming garage, and recent annexation into the City. The circumstances were not created by the property owner and the variance would not alter the essential character of the locality. 2. Impervious surface coverage must not be more than 50% of the lot area. The applicant should he aware of the coverage maximum in considering future improvements into their plans. 3. Any relocation of gas or electric service will be at the property owner's expense. Adopted by the City Council this 22d day of May, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor (V(c)1 L, MEMORANDUM DATE: May 16, 2007 for the May 22, 2007 City Council meeting TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: VARIANCE TO REDUCE CORNER SIDE AND FRONT SETBACKS FOR ADDITION TO HOUSE LOCATED AT 447 ERIE STREET S.E. Request: The property owner is requesting a variance to allow two additions to an existing house. Variances are required to allow a 17.5 front yard setback on the west front yard and 17.9 to the south corner street setback, where 25 feet is required, for the two additions. The applicant states the hardship as the large boulevards and the fact there were no zoning ordinances when the home was built. A third addition is also proposed for the north side of the property, which would meet the setback requirements and does not require a variance. Additional details are included in the attached staff report. • Planning Commission Meeting: • The Planning Commission held a public hearing and considered the request at their May 15°i, 2007, meeting. Other than the applicants, there were no property owners who made comment on the request. The applicant explained how the additions would improve the function of their home. They plan to remove the non - conforming garage in the future and replace it with a detached garage that meets requirements. The Commission reviewed the variance request and determined that the request meets the standards for granting a variance, including a finding of undue hardship and uniqueness due to the small comer lot, existing nonconforming setback due to construction prior to modern zoning regulations, and large boulevards that would not allow a reasonable addition within current regulations. The circumstances were also not created by the property owners. Recommendation: The Planning Commission unanimously recommended approval of the requested variance, with the findings and conditions as stated in the attached Resolution. DIRECTORS REPORT - PLANNING DEPARTMENT a> To: Hutchinson Planning Commission • From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Brian Warzechs, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, 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) Date: May 1, 2007, for May 15, 2007, Planning Commission Meeting Application: VARIANCE TO REDUCE CORNER SIDE AND FRONT SETBACKS FOR ADDITION TO NON - CONFORMING HOUSE AT 447 ERIE STREET S.E. Applicant: Dave Mielke, property owner VARIANCE Brief Description The property owner is requesting a variance to allow two additions to an existing house. Variances are required to allow a 17.5 front yard setback on the west front yard and 17.9 to the south corner street setback, where 25 feet is required, for the two additions. The applicant states the hardship as the large boulevards and the fact there were no zoning ordinances when the home was built. A third addition is also proposed for the north side of the. property, which would meet is the setback requirements and does not require a variance. GENERAL INFORMATION Existing Zoning: R2 ( Medium Density Residential) Property Location: 447 Erie Street S.E. Lot Size: 66' x 132' Existing Land Use: Single Family Residential Adjacent Land Use And Zoning: Single Family Residential Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: In 1997 a conditional use permit and variance were requested for an addition to the garage which accesses from 5"' Ave. S.E. The requests were denied due to concerns over the traffic on 5h Avenue. Applicable Regulations: Section 154.057 of the City Code Transportation: 5b Ave. S.E. and Erie Street S.E. 0 ( _).� Variance David Mielke — 447 Erie St. S.E. Page 2 • Analysis and Recommendation: In order to grant a variance, the request must meet the standards for granting a variance, including a finding of undue hardship. Undue hardship is a legal standard set forth in MN Statute that means that the property cannot be put to a reasonable use without the variance. This factor means the landowner would like to use the property in a particular reasonable manner but cannot do so under the rules of the ordinance. It does not mean the land cannot be put to any reasonable use whatsoever without the variance. The second undue hardship factor is the plight of the landowners is due to circumstances unique to the property not created by the landowner. The uniqueness generally applies to physical characteristics of the property and not to personal considerations of the landowner. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Thirdly, the variance, if granted, will not alter the essential character of the locality The request was reviewed at the April 300 planning staff meeting. Staff recommended approving the variances to allow both additions. Staff discussed that the applicant should be aware of the 50% coverage requirement in planning any future additions, such as the proposed garage shown on the survey. Also discussed was the existing nonconforming garage that is located on the south side of the property with a driveway onto Fifth Avenue. • Staff found the request meets the standards for granting a variance, including a finding of undue hardship and uniqueness due to the existing nonconforming setback and large boulevards. The request would allow improvements to the home to make it more functional and improve entrances to the home (refer to attached narrative by applicant). The proposed improvements would not be out of character with the surrounding homes as many have non - conforming setback and the circumstances were also not created by the property owners. Staff would recommend approval of a variance based upon the hardship of the comer lot with large boulevards and the lack of adequate room to construct any addition to improve the entrances to home within the current setbacks, with the following recommendations: 9 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the corner lot with large boulevards and the lack of adequate room to construct any addition to improve the entrances to home within the current setbacks. The circumstances were not created by the property owners and the variance would not alter the essential character of the locality 2. Impervious surface coverage must not be more than 50% of the lot area. The applicant should be aware of the coverage maximum in considering future improvements into their plans. 3. Any relocation of gas or electric service will be at the property owner's expense. Cc: David Mielke, 447 Erie Street S.E. Variance David Mielke — 447 Erie St. S.E. Page 3 'View from SE corner of property showing rcar yard and area ofeast addition. SE showing front yaud and location of addition on west side of home. jL W W w Cr W PELLINEN LAND %RWflW 15-111) 4> . I �)CMM NM fern r— m m m ai r PROPOSED °— ADDITION Eu.ilae Haa.. Gaope CERTIFICATE 0 FOR DAVID MIELKE HOUSE SETBACKS TO NORTH 8 LOT 226 fist New House Additions - 163 Sq Ft LOT B 20.2 feat i Lot 6, Block 45, LOT 9 23.0 feet I Propoeed GoreDe - 672 Sq Ft LOT 10 20 het+ SE JOB NO. 07057 BH P -336 P6 51 W W w Cr W PELLINEN LAND %RWflW 15-111) 4> . I �)CMM NM fern r— m m m ai r PROPOSED °— ADDITION Eu.ilae Haa.. Gaope CERTIFICATE OF &VEY FOR DAVID MIELKE R 17 2007 8 r led and trot I om a duly Ilpenud 3 DESCRIPTION New House Additions - 163 Sq Ft J I I Q i i Lot 6, Block 45, W-f" zna Deq.d P.Z BB SOUTH HALF Q i Propoeed GoreDe - 672 Sq Ft — — OF HUTCHINSON. Dele: / / /lL /1 OT�7 L I<. Rn. SE JOB NO. 07057 BH P -336 P6 51 LOT AREA • 6716 Sq F1 BLOCK: 45 I N 7 E.Htrp Gordo. 132.00 — — m 1e 26 20 PRO ED MOO nrmpuw. e. Iti CrN..dy FIFTH AVENUE HIJ(CHIN91N1 NN y y\0 5 a O /O PO 40 aco /e /o lee, • therm., van monument fouH 0 Deemtn tron monument set Exlstln0 House Footprint — 959 Sq F1 4 SW . e r m Wade) r led and trot I om a duly Ilpenud W New House Additions - 163 Sq Ft J I (a. pawwa) - 393 Sq Ft J ss �B (���leu� Q i Propoeed GoreDe - 672 Sq Ft :iL Dele: / / /lL /1 OT�7 L I<. Rn. y y\0 5 a O /O PO 40 aco /e /o lee, • therm., van monument fouH 0 Deemtn tron monument set 1 nd Spry certlf> trot tP 1. Survey. Plan er Report woe or•p or•d ey me or vn der m) direct r led and trot I om a duly Ilpenud Lana sur vr7or under tM ler. dr tn• anon• of Ml non//e w�,. ss �B (���leu� Af 1RR... ar :iL Dele: / / /lL /1 OT�7 L I<. Rn. SE JOB NO. 07057 BH P -336 P6 51 Rl=ts_k'VL- APR 1 7 200? Variance #1 Boulevard is 25 wide setbacks is 25' house is 50.8' from the curb of Erie 9[y to R Z, & B • r'.Z. &6 SE and house is 42: from 5's Avenue curb. Our living room is 12' x 14' but due to the front entry way and the location of the doorway between the kitchen, sleeping area and front entry way of the house the actual functional living area is 8'x 9'. By adding on an 8' x 15' addition to the front of the house it would make the living room area of the house a more functional room. The hardship falls into the area of location of the house and the large boulevards on the west and south side Lot #6. The lot is located on Erie St SE and 5's Avenue East. The width of both roads is 82'. With both Erie St. and 5"' Avenue being so wide this makes both boulevards wider than most streets and avenues in town. With boulevards being 25' and setbacks being 25' off the boulevards there is no where to add on to. Also when this section of town was built there were no building ordinances and houses were built were ever on the lot. If you look on the surveyed drawing you will notice that our house (lot 6) is the fartherest back of all the houses on the eastside of Erie St. If you look at page 1, (unofficial drawing) all of the houses on the west side of Erie St, are 11 and 14' from the boulevard. If you look at the houses between 0 and 3`" Avenue on Erie St. (the street is two feet wider than between 4"' and 5"' Avenue) houses on the west side of the street are only 7' from the boulevard. The newest house (15 -20 years old) is 14' off the boulevard and 40' from the curb... So the only way to add on is to the west of the house. I can not add on to the south of the house because the house is 17' from the boulevard on the south side of the lot. There was a variance given to Kerry Kruger's (537 Erie St. S) rental property, in • 2004, on Erie St south that came within 8' of the cul -de -sac. Variance #2 Boulevard is 25' wide and original house sits 17 back from the boulevard with the house being 42' from the curb on 5"` Avenue. See boulevard and setbacks on surveyors drawing. If you notice on the house plan (page #3) the back entry way of the house is located right next to the basement steps. I am concerned because we have four grand children and one of them my fall down the stairways trying to get the door open or even an adult might slip and fall down the stairway when one's shoes are slippery when it rains. I would like to add a 12' x 16' addition to the east end of the house. The addition would start at the southeast comer run east 12' than north 16'. The original house is already sitting 17' from the boulevard and the addition will not be any closer to the road than the original house. Again with 5"' Avenue having such a wide boulevard it makes it a hardship to build the addition to the southern edge of the house. A variance 3 years ago was given to 426 Huron St S so the addition they added on would come to the eastern end of their house. That house sat about 20' from the curb. Even by adding on a 12' x 16' addition the house would be 42 feet from the curb of 5's Avenue east. • (O(L)D 0 0 0 NORTH ELEVATION l J 0 9, N c C wg o CO O �Q 0 EAST ELEVATION 0 N g c° ' � N ® O �9 0 SOUTH ELEVATION STH AVENUE E3 e 0 00 M,�F 2s D z 1. N O v x p R4 0 i L/ • • WEST ELEVATION 447 ERIE ST SE vn n 3 v 7® � 0, rn IN ceo L ^. o ti 0 • REC SEv APR 1 7 2001 ti �soo 1,&p Existing House Pagel, ERG - • 11 Proposed Front Addition/ Variance Pagel, APR 1 7 CAty f L • a r r m 4th AVENUE EAST LOT 1 1 ' LOT 2 EI-1& LOT 3 F 1 20-2' LOT 4 1' 3.6 LOT 5 11' 25' 42' m w m rn m APP 1 7 ?op cd ?f X Cali iso�i rot. &, F HOUSE IS ABOUT 15 YEARS OLD 42' 5th AVNEUE EAST HOUSE SET BACKS SHOWING HOUSE LOCATIONS ON LOTS ON THE EAST AND WEST SIDE OF ERIE STREET BETWEEN 4TH AND 5TH AVENUE NOTE HOUSES NORTH OF 4TH AVENUE ARE AT LEAST 10' INSIDE BUILDING AND SET BACK LINES Pae j. D r r 0' LOT 10 3.6' LOT 9 20-2' LOT 8 3.6 LOT 7 25 LOT 6 42' 5th AVNEUE EAST HOUSE SET BACKS SHOWING HOUSE LOCATIONS ON LOTS ON THE EAST AND WEST SIDE OF ERIE STREET BETWEEN 4TH AND 5TH AVENUE NOTE HOUSES NORTH OF 4TH AVENUE ARE AT LEAST 10' INSIDE BUILDING AND SET BACK LINES Pae j. D r r REVISED RESOLUTION NO. 131% • RESOLUTION APPROVING A VARIANCE TO REDUCE CORNER SIDE SETBACK FOR REPLACEMENT OF GARGE AND EXISTING PORCH LOCATED AT 447 HURON STREET S.E. Whereas, Allen Brown , property owner, has requested approval of a variance to reduce comer side setback to replace garage and existing non -conforming porch located at 447 Huron Street S.E. with the following legal description: Legal Description: Lot 6, Block 44, South Half of Hutchinson Whereas, the Planning Commission met on May 15, 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 variance, subject to the following findings and conditions: 1 The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the existing nonconforming setback and large boulevards. The circumstances were not created by the property owners and the variance would not alter the essential character of the locality. 2. Lot must not cover more than 50 % with impervious surface. . 3. The porch shall not encroach into the right of way and no overhangs or steps are permitted into the right of way. 4. Any relocation of gas or electric service will be at the property owner's expense. 5. Plans shall be revised to provide a 10' comer side yard setback to the garage, rather than the 3' requested, prior to issuance of a building permit. 6. The existing garage must be removed prior to construction of the new garage on site. Adopted by the City Council this 22°" day of May, 2007. ATTEST: Gary D. Plotz City Administrator • Steven W. Cook Mayor w (cr • • • RESOLUTION NO. 13196 RESOLUTION APPROVING A VARIANCE TO REDUCE CORNER SIDE SETBACK FOR REPLACEMENT OF GARGE AND EXISTING PORCH LOCATED AT 447 HURON STREET S.E. Whereas, Allen Brown , property owner, has requested approval of a variance to reduce corner side setback to replace garage and existing non - conforming porch located at 447 Huron Street S.E. with the following legal description: Legal Description: Lot 6, Block 44, South Half of Hutchinson Whereas, the Planning Commission met on May 15, 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 variance, subject to the following findings and conditions: 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the very large size and depth of the property, replacement of an existing nonconforming garage, and recent annexation into the City. The circumstances were not created by the property owner and the variance would not alter the essential character of the locality. 2. Lot must not cover more than 50% with impervious surface. 3. The porch shall not encroach into the right of way and no overhangs or steps are permitted into the right of way. 4. Any relocation of gas or electric service will be at the property owner's expense. 5. Plans shall be revised to provide a 10' comer side yard setback to the garage, rather than the 3' requested, prior to issuance of a building permit. 6. The existing garage must be removed prior to construction of the new garage on site. Adopted by the City Council this 22d day of May, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor (pC(--) 2, 0 MEMORANDUM DATE: May 16, 2007 for the May 22, 2007 City Council meeting TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: VARIANCE TO REDUCE CORNER SIDE SETBACK FOR REPLACEMENT OF GARAGE AND EXISTING PORCH LOCATED AT 447 HURON STREET S.E. Request: The property owner is requesting two variances for an existing house with non - conforming setbacks. One variance is to replace an existing non - conforming garage that has a 6 -inch setback to the property line. The applicants request is to construct the new garage with a 3- foot corner street side setback, where 25 feet is required. The owner states the hardship as keeping the garage to the south side of the lot to maintain aback yard on the property. The propose to access the garage from the alley rather than from the existing driveway on 5 Avenue. The owner's are also requesting a variance to replace an existing porch on the south . side of the property that was built up to the property line. Additional details are included in the attached staff report. Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their May 15" , 2007, meeting. Other than the applicants, there were no property owners who made comment on the request. Staff recommended the variance be approved with a 10' setback, instead of the 3' requested by the applicant to minimize the amount of variance and improve visibility at the intersection of the alley and 5"' Avenue. The Commission discussed that the porch cannot encroach into the right of way and will need not be allowed to have any overhangs into the right of way. The applicant stated the porch door would be reoriented to the east rather than as currently toward the south. They also plan to remove some of the concrete parking area to allow a larger fenced yard. A new concrete driveway would be constructed from the new garage to the alley. The Commission reviewed the variance request and determined that the request meets the standards for granting a variance, including a finding of undue hardship and uniqueness due to the corner lot, existing nonconforming setback due to construction prior to modern zoning regulations, and large boulevards that would not allow a reasonable addition within current regulations. The circumstances were also not created by the property owners. • Recommendation: The Planning Commission unanimously recommended approval of the variance, with the findings and conditions as stated in the attached Resolution. c�CG>2 DIRECTORS REPORT - PLANNING DEPARTMENT • To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Brian Warzecha, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, 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) Date: May 7, 2007, for May 15, 2007, Planning Commission Meeting Application: VARIANCE FOR NON - CONFORMING SETBACK TO REPLACE AN EXISTING PORCH AND DETACHED GARAGE AT 447 HURON STREET S.E. Applicant: Allen Brown, property owner VARIANCE Brief Description The property owner is requesting two variances for an existing house with non - conforming setbacks. One variance is to replace an existing non - conforming garage that has a 6 -inch setback to the property line. The applicant proposes to construct the new garage with a 3 -foot comer street side setback, where 25 feet is required. The owner states the hardship as keeping • the garage to the south side of the lot to maintain a back yard on the property. They propose to access the garage from the alley rather than from the existing driveway on 50` Avenue. The owner's are also requesting a variance to replace an existing porch on the south side of the property that was built up to the property line. GENERAL INFORMATION Existing Zoning: R2 ( Medium Density Residential) Property Location: 447 Huron Street S.E. Lot Size: 66' x 132' Existing Land Use: Single Family Residential Adjacent Land Use And Zoning: Single Family Residential Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: A conditional use permit was granted in 1992 to move a 12' x 20' garage onto the property to line up with the house. In 1995, an 8' x 16' addition to the garage was allowed. • Applicable Regulations: Section 154.057 of the City Code b(C -)22 Variance Allen Brown — 447 Huron St. S.E. Page 2 • Transportation: 5"' Ave. S.E. and Huron Street S.E. Analysis and Recommendation: In order to grant a variance, the request must meet the standards for granting a variance, including a finding of undue hardship. Undue hardship is a legal standard set forth in MN Statute that means that the property cannot be put to a reasonable use without the variance. This factor means the landowner would like to use the property in a particular reasonable manner but cannot do so under the rules of the ordinance. It does not mean the land cannot be put to any reasonable use whatsoever without the variance. The second undue hardship factor is the plight of the landowners is due to circumstances unique to the property not created by the landowner. The uniqueness generally applies to physical characteristics of the property and not to personal considerations of the landowner. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Thirdly, the variance, if granted, will not alter the essential character of the locality The request was reviewed at the April 30a' planning staff meeting. Staff recommended approving the variance for the proposed garage with a setback of 10' rather than the requested 3' The larger setback would minimize the amount of variance needed and improve visibility at the • intersection of the alley and 5a' Avenue. The applicant plans to access the new garage via the alley due to difficulty backing onto 5`11 Avenue. Future plans are to remove part of the existing concrete slab to gain additional greenspace on the property. Staff found the request meets the standards for granting a variance, including a finding of undue hardship and uniqueness due to the existing nonconforming setback and large boulevards. The circumstances were also not created by the property owners. Staff would recommend approval of a variance for reconstruction of the porch up to the property line and construction of a 26' x 26' detached garage with a 10' setback, based on the hardship of the corner lot with large boulevards with the following recommendations: 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the existing nonconforming setback and large boulevards. The circumstances were not created by the property owners and the variance would not alter the essential character of the locality 2. Lot must not cover more than 50% with impervious surface. 3. The porch shall not encroach into the right of way and no overhangs or steps are permitted into the right of way. 4. Any relocation of gas or electric service will be at the property owner's expense. 5. Plans shall be revised to provide a 10' corner side yard setback to the garage, rather than the 3' requested, prior to issuance of a building permit. • 6. The existing garage must be removed prior to construction of the new garage on site. Cc: Allen Brown, 447 Huron Street S.E. A(C )2- Variance Allen Brown — 447 Huron St. S.E. 'Page 3 V A: W 01 PI OPCI ky IM 111 J A VenUe 3r, SnO W uig so uu-i p orcm aj tu C X I b. L Mg UC Ld(;flt! LI Ord t: LU [ye. JrCpldL: W. View firo-rn alley on east side of7p rope rty showing rear year and NE comer pro pert-y line • CERTIFICATE OF SURW FOR AL BROWN DESCRIPTION �'E`EIVEO 8 3 APR i n 1007 Lot 6, Block 44, SOUTH HALF OF HUTCHINSON �� az : :aa o ®nc Dt LOT AREA 8704 SQ Pi �O V BLOCK / ^ EsM1ttrq Houe. F.tprint • 1352 5a Ft Ln (4 (1.c , por[M. anal 4.0 E.1vinp C. orlw 704 SR Ft i PropoW Garop. Foat t 676 5p Fl (aa ,Mrnl 7 �� r 4 w iJ £ J t Ealv.q Hoa.. Q I w H Z �• Y' ` �\� O /0 PO 40 O G5 I 6 a v No L� r 1 1 26 I i • Berwroe Yon monuaw fount E.I.IVq Hou.. i PROPOS O D.not.s Iron .um.nl set �a IN � Esl.tHO I GARAGE I cYnP.l..urhK.T, I 1 M;.pY cutlt) tnat tpl. Sur vgo Plan or L ReDOrt ros pr.por aE Ey m. or unEer ml Elr.ct .0 D.rvlsloa and final I ma duly Ilc.n..d 132.00 r Land Surv.yor und.r in. lava et tn. slate of ln.Y..a Pma / Ml nnu ota. /f - cuN B puu.r J f R aa. c//n �� Don: 4 �Ae Z /5C e7 Lla. No. FIFTH AVENUE SE PEUINEN LAND SURVDIM HUiCHINSON MN JOB W. 07061 BN P -338 PG 57 VN I 0 RESOLUTION NO. 13197 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT LOCATED IN KOTTKE COURT SUBMITTED BY HAGEN BUILDERS Whereas, Arthur Hagen, Hagen Builders, property owner, has requested approval of a conditional use permit to amend the planned development district to revise setbacks to the unit lot lines to a front setback of 10 feet and rear setback of 8 feet within the Kottke Court plat with the following legal description: Legal Description: Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 6 and Lot 7, Block 1, Kottke Court Whereas, the Planning Commission has held a public hearing on May 15, 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 conditional use permit subject to the following findings and conditions: 1. The setbacks for the development shall be 10 feet from the front lot line, 8' from the rear lot line, and 6' from the side lot line. Setbacks shall be measured from the unit lot line. A minimum 50' structure setback is required from the ordinary high water level. 2. The applicant shall verify the face of wall location and elevations of the retaining wall on the north side of the development, including the elevation of the top and bottom of the wall. 3. The applicant shall verify the proposed drainage along the north property line. If an appropriate drainage swale is not feasible between the wall and the northerly lots then necessary drainage facilities such as draintile inlets and piping shall be constructed. 4. Applicant shall revise the grading plan to identify the descriptions of the common areas to include the correct lot and block descriptions, rather than as outlots A & B as shown on the grading plan. 5. No decks, porches, or patios will be allowed outside the unit lots on lots 1 and 2 to allow property drainage along the wall. Decks, porches, or patios maybe allowed within the unit lots of 1 and 2, subject to meeting the 8' setback to the unit lot line. • 6. Grills will not be allowed where there is a roof above the open deck area. loC��3 Resolution # 13197 Hagen Builders PDD May 22, 2007 Page 2 • 7. It must be disclosed to prospective buyers that City owned areas across the river are heavy industrial properties, including HATS facility, compost site, and a training and shooting range. 8. Fees shall be paid prior to issuance of building permits and as required by the subdivision agreement in effect. 9. All conditions of the Preliminary and Final Plat shall remain in effect, unless specifically revised by resolution. Adopted by the City Council this 22nd day of May, 2007. ATTEST: Gary D. Plotz City Administrator E • Steven W. Cook Mayor • RESOLUTION NO. 13198 RESOLUTION APPROVING A LOT SPLIT REQUESTED BY HAGEN BUILDERS TO SPLIT LOT 7, BLOCK 1 (400 KOTTKE COURT S.E.) IN KOTTKE COURT FOR THE CONSTRUCTION OF A TWIN HOME Whereas, Hagen Builders, property owner, has requested approval of a lot split to construct a twin home on property located at 400 Kottke Court S.E. with the following legal description: Legal Description: Parcel 7A: The Westerly 45.34 feet of Lot 7 of Block 1 Kottke Court, McLeod County, Minnesota, according to the record plat thereof. Parcel 7B: That part of Lot 7 of Block 1, Kottke Court, McLeod County, Minnesota, according to the record plat thereof, that lies Easterly of the Westerly 45.34 feet thereof. Whereas, the Planning Commission considered the lot split request on May 15, 2007, 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. is The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the lot split, subject to the following findings and conditions: 1. The setbacks for the development shall be 10 feet from the front lot line, 8' from the rear lot line, and 6' from the side lot line. Setbacks shall be measured from the unit lot line. A minimum 50' structure setback is required from the ordinary high water level. 2. The applicant shall verify the face of wall location and elevations of the retaining wall on the north side of the development, including the elevation of the top and bottom of the wall. 3. The applicant shall verify the proposed drainage along the north property line. If an appropriate drainage swale is not feasible between the wall and the northerly lots then necessary drainage facilities such as draintile inlets and piping shall be constructed. 4. Applicant shall revise the grading plan to identify the descriptions of the common areas to include the correct lot and block descriptions, rather than as outlets A & B as shown on the grading plan. 5. No decks, porches, or patios will be allowed outside the unit lots on lots 1 and 2 to allow property drainage along the wall. Decks, porches, or patios may be allowed within the unit lots of 1 and 2, subject to meeting the 8' setback to the • unit lot line. (0 C(-)3 Resolution #13198 Lot Split — 400 Kottke Crt May 22, 2007 Page 2 • 6. Grills will not be allowed where there is a roof above the open deck area. 7. It must be disclosed to prospective buyers that City owned areas across the river are heavy industrial properties, including HATS facility, compost site, and a training and shooting range. 8. Fees shall be paid prior to issuance of building permits and as required by the subdivision agreement in effect. 9. All conditions of the Preliminary and Final Plat shall remain in effect, unless specifically revised by resolution. Adopted by the City Council this 22nd day of May, 2007. ATTEST: Gary D. Plotz City Administrator • • Steven W. Cook Mayor • RESOLUTION NO. 13199 RESOLUTION APPROVING A LOT SPLIT REQUESTED BY HAGEN BUILDERS TO SPLIT LOT 1, BLOCK 1 (405 KOTTKE COURT S.E.) IN KOTTKE COURT FOR THE CONSTRUCTION OF A TWIN HOME Whereas, Hagen Builders, property owner, has requested approval of a lot split to construct a twin home on property located at 405 Kottke Court S.E. with the following legal description: Legal Description: Parcel IA: The Westerly 42.41 feet of Lot 1 of Block 1 Kottke Court, McLeod County, Minnesota, according to the record plat thereof. Parcel 1B: That part of Lot 1 of Block 1, Kottke Court, McLeod County, Minnesota, according to the record plat thereof, that lies Easterly of the Westerly 42.41 feet and Westerly of the Westerly 84.81 feet thereof. Whereas, the Planning Commission considered the lot split request on May 15, 2007, 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 lot split, subject to the following findings and conditions: 1. The setbacks for the development shall be 10 feet from the front lot line, 8' from the rear lot line, and 6' from the side lot line. Setbacks shall be measured from the unit lot line. A minimum 50' structure setback is required from the ordinary high water level. 2. The applicant shall verify the face of wall location and elevations of the retaining wall on the north side of the development, including the elevation of the top and bottom of the wall. 3. The applicant shall verify the proposed drainage along the north property line. If an appropriate drainage swale is not feasible between the wall and the northerly lots then necessary drainage facilities such as draintile inlets and piping shall be constructed. 4. Applicant shall revise the grading plan to identify the descriptions of the common areas to include the correct lot and block descriptions, rather than as outlots A & B as shown on the grading plan. 5. No decks, porches, or patios will be allowed outside the unit lots on lots 1 and 2 • to allow property drainage along the wall. Decks, porches, or patios maybe b(c)� Resolution #13199 Lot Split — 405 Kottke Crt May 22, 2007 Page 2 . allowed within the unit lots of 1 and 2, subject to meeting the 8' setback to the unit lot line. 6. Grills will not be allowed where there is a roof above the open deck area. 7. It must be disclosed to prospective buyers that City owned areas across the river are heavy industrial properties, including HATS facility, compost site, and a training and shooting range. 8. Fees shall be paid prior to issuance of building permits and as required by the subdivision agreement in effect. 9. All conditions of the Preliminary and Final Plat shall remain in effect, unless specifically revised by resolution. Adopted by the City Council this 22'd day of May, 2007. ATTEST: Gary D. Plotz City Administrator • Steven W. Cook Mayor U (C)3 RESOLUTION NO. 13200 RESOLUTION APPROVING A LOT SPLIT REQUESTED BY HAGEN BUILDERS TO SPLIT LOT 6, BLOCK 1 (410 KOTTKE COURT S.E.) IN KOTTKE COURT FOR THE CONSTRUCTION OF A TWIN HOME Whereas, Hagen Builders, property owner, has requested approval of a lot split to construct a twin home on property located at 410 Kottke Court S.E. with the following legal description: Legal Description: Parcel 6A: The Northerly 43.25 feet of Lot 6 of Block 1 Kottke Court, McLeod County, Minnesota, according to the record plat thereof. Parcel 613: That part of Lot 6 of Block 1, Kottke Court, McLeod County, Minnesota, according to the record plat thereof, that lies Southerly of the Northerly 43.25 feet thereof. Whereas, the Planning Commission considered the lot split request on May 15, 2007, 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 lot split, subject to the following findings and conditions: L The setbacks for the development shall be 10 feet from the front lot line, 8' from the rear lot line, and 6' from the side lot line. Setbacks shall be measured from the unit lot line. A minimum 50' structure setback is required from the ordinary high water level. 2. The applicant shall verify the face of wall location and elevations of the retaining wall on the north side of the development, including the elevation of the top and bottom of the wall. 3. The applicant shall verify the proposed drainage along the north property line. If an appropriate drainage swale is not feasible between the wall and the northerly lots then necessary drainage facilities such as draintile inlets and piping shall be constructed. 4. Applicant shall revise the grading plan to identify the descriptions of the common areas to include the correct lot and block descriptions, rather than as outlots A & B as shown on the grading plan. 5. No decks, porches, or patios will be allowed outside the unit lots on lots 1 and 2 • to allow property drainage along the wall. Decks, porches, or patios may be (P P; Resolution #13200 Lot Split — 410 Kottke Crt May 22, 2007 • Page 2 allowed within the unit lots of 1 and 2, subject to meeting the 8' setback to the unit lot line. 6. Grills will not be allowed where there is a roof above the open deck area. 7. It must be disclosed to prospective buyers that City owned areas across the river are heavy industrial properties, including HATS facility, compost site, and a training and shooting range. 8. Fees shall be paid prior to issuance of building permits and as required by the subdivision agreement in effect. 9. All conditions of the Preliminary and Final Plat shall remain in effect, unless specifically revised by resolution. • Adopted by the City Council this 22 "a day of May, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor l Cc )� • RESOLUTION NO. 13201 RESOLUTION APPROVING A LOT SPLIT REQUESTED BY HAGEN BUILDERS TO SPLIT LOT 2, BLOCK 1 (415 KOTTKE COURT S.E.) IN KOTTKE COURT FOR THE CONSTRUCTION OF A TWIN HOME Whereas, Hagen Builders, property owner, has requested approval of a lot split to construct a twin home on property located at 415 Kottke Court S.E. with the following legal description: Legal Description: Parcel 2A: That part of Lot 1, Block 1, Kottke Court, McLeod County, Minnesota, according to the record plat thereof, that lies Easterly of the Westerly 84.81 feet thereof and that part of Lot 2 of said Block 1, that lies Westerly of the Westerly 40.55 feet thereof. Parcel 2B: That part of Lot 2 of Block 1, Kottke Court, McLeod County, Minnesota, according to the record plat thereof, that lies Easterly of the Westerly 40.55 feet thereof. Whereas, the Planning Commission considered the lot split request on May 15, 2007, 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 lot split, subject to the following findings and conditions: 1. The setbacks for the development shall be 10 feet from the front lot line, 8' from the rear lot line, and 6' from the side lot line. Setbacks shall be measured from the unit lot line. A minimum 50' structure setback is required from the ordinary high water level. 2. The applicant shall verify the face of wall location and elevations of the retaining wall on the north side of the development, including the elevation of the top and bottom of the wall. 3. The applicant shall verify the proposed drainage along the north property line. If an appropriate drainage swale is not feasible between the wall and the northerly lots then necessary drainage facilities such as draintile inlets and piping shall be constructed. 4. Applicant shall revise the grading plan to identify the descriptions of the common areas to include the correct lot and block descriptions, rather than as outlots A & B as shown on the grading plan. • 5. No decks, porches, or patios will be allowed outside the unit lots on lots 1 and 2 to allow property drainage along the wall. Decks, porches, or patios maybe (eCe)3 Resolution #13201 Lot Split — 415 Kottke Crt May 22, 2007 Page 2 • allowed within the unit lots of 1 and 2, subject to meeting the 8' setback to the unit lot line. 6. Grills will not be allowed where there is a roof above the open deck area. 7. It must be disclosed to prospective buyers that City owned areas across the river are heavy industrial properties, including HATS facility, compost site, and a training and shooting range. 8. Fees shall be paid prior to issuance of building permits and as required by the subdivision agreement in effect. 9. All conditions of the Preliminary and Final Plat shall remain in effect, unless specifically revised by resolution. Adopted by the City Council this 22nd day of May, 2007. ATTEST: Gary D. Plotz City Administrator • • Steven W. Cook Mayor U (C) ; • RESOLUTION NO. 13202 RESOLUTION APPROVING A LOT SPLIT REQUESTED BY HAGEN BUILDERS TO SPLIT LOT 5, BLOCK 1 (420 KOTTKE COURT S.E.) IN KOTTKE COURT FOR THE CONSTRUCTION OF A TWIN HOME Whereas, Hagen Builders, property owner, has requested approval of a lot split to construct a twin home on property located at 420 Kottke Court S.E. with the following legal description: Legal Description: Parcel 5A: The Northerly 46.25 feet of Lot 5 of Block 1, Kottke Court, McLeod County Minnesota, according to the record plat thereof. Parcel 5B: That part of Lot 5 of Block 1, Kottke Court, McLeod County, Minnesota, according to the record plat thereof, that lies Southerly of the Northerly 46.25 feet thereof. Whereas, the Planning Commission considered the lot split request on May 15, 2007, 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 lot split, subject to the following findings and conditions: 1. The setbacks for the development shall be 10 feet from the front lot line, 8' from the rear lot line, and 6' from the side lot line. Setbacks shall be measured from the unit lot line. A minimum 50' structure setback is required from the ordinary high water level. 2. The applicant shall verify the face of wall location and elevations of the retaining wall on the north side of the development, including the elevation of the top and bottom of the wall. 3. The applicant shall verify the proposed drainage along the north property line. If an appropriate drainage swale is not feasible between the wall and the northerly lots then necessary drainage facilities such as draintile inlets and piping shall be constructed. 4. Applicant shall revise the grading plan to identify the descriptions of the common areas to include the correct lot and block descriptions, rather than as outlots A & B as shown on the grading plan. 5. No decks, porches, or patios will be allowed outside the unit lots on lots 1 and 2 to allow property drainage along the wall. Decks, porches, or patios may be • allowed within the unit lots of 1 and 2, subject to meeting the 8' setback to the unit lot line. Resolution #13202 Lot Split — 420 Kottke Crt. May 22, 2007 Page 2 • 6. Grills will not be allowed where there is a roof above the open deck area. 7. It must be disclosed to prospective buyers that City owned areas across the river are heavy industrial properties, including HATS facility, compost site, and a training and shooting range. 8. Fees shall be paid prior to issuance of building permits and as required by the subdivision agreement in effect. 9. All conditions of the Preliminary and Final Plat shall remain in effect, unless specifically revised by resolution. Adopted by the City Council this 22 d day of May, 2007. ATTEST: Gary D. Plotz City Administrator • • Steven W. Cook Mayor (.0 C C) • RESOLUTION NO. 13203 RESOLUTION APPROVING A LOT SPLIT REQUESTED BY HAGEN BUILDERS TO SPLIT LOT 3, BLOCK 1 (425 KOTTKE COURT S.E.) IN KOTTKE COURT FOR THE CONSTRUCTION OF A TWIN HOME Whereas, Hagen Builders, property owner, has requested approval of a lot split to construct a twin home on property located at 425 Kottke Court S.E. with the following legal description: Legal Description: Parcel 3A: The Northerly Half of Lot 3 of Block 1, Kottke Court, McLeod County Minnesota, according to the record plat thereof. Parcel 313: That part of Lot 3 of Block 1, Kottke Court, McLeod County, Minnesota, according to the record plat thereof, that lies Southerly of the Northerly Half thereof. Whereas, the Planning Commission considered the lot split request on May 15, 2007, 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 lot split, subject to the following findings and conditions: 1. The setbacks for the development shall be 10 feet from the front lot line, 8' from the rear lot line, and 6' from the side lot line. Setbacks shall be measured from the unit lot line. A minimum 50' structure setback is required from the ordinary high water level. 2. The applicant shall verify the face of wall location and elevations of the retaining wall on the north side of the development, including the elevation of the top and bottom of the wall. 3. The applicant shall verify the proposed drainage along the north property line. If an appropriate drainage swale is not feasible between the wall and the northerly lots then necessary drainage facilities such as draintile inlets and piping shall be constructed. 4. Applicant shall revise the grading plan to identify the descriptions of the common areas to include the correct lot and block descriptions, rather than as outlots A & B as shown on the grading plan. 5. No decks, porches, or patios will be allowed outside the unit lots on lots 1 and 2 to allow property drainage along the wall. Decks, porches, or patios maybe allowed within the unit lots of 1 and 2, subject to meeting the 8' setback to the • unit lot line. bCG)3 Resolution #13203 Lot Split — 425 Kottke Crt May 22, 2007 • Page 2 6. Grills will not be allowed where there is a roof above the open deck area. 7. It must be disclosed to prospective buyers that City owned areas across the river are heavy industrial properties, including HATS facility, compost site, and a training and shooting range. 8. Fees shall be paid prior to issuance of building permits and as required by the subdivision agreement in effect. 9. All conditions of the Preliminary and Final Plat shall remain in effect, unless specifically revised by resolution. Adopted by the City Council this 22nd day of May, 2007. ATTEST: Gary D. Plotz City Administrator • U Steven W. Cook Mayor • RESOLUTION NO. 13204 RESOLUTION APPROVING A LOT SPLIT REQUESTED BY HAGEN BUILDERS TO SPLIT LOT 4, BLOCK 1 (435 KOTTKE COURT S.E.) IN KOTTKE COURT FOR THE CONSTRUCTION OF A TWIN HOME Whereas, Hagen Builders, property owner, has requested approval of a lot split to construct a twin home on property located at 435 Kottke Court S.E. with the following legal description: Legal Description: Parcel 4A: The Northerly 42.00 feet of Lot 4 of Block 1, Kottke Court, McLeod County Minnesota, according to the record plat thereof. Parcel 4B: That part of Lot 4 of Block 1, Kottke Court, McLeod County, Minnesota, according to the record plat thereof, that lies Southerly of the Northerly 42.00 feet thereof. Whereas, the Planning Commission considered the lot split request on May 15, 2007, 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 lot split, subject to the following findings and conditions: I . The setbacks for the development shall be 10 feet from the front lot line, 8' from the rear lot line, and 6' from the side lot line. Setbacks shall be measured from the unit lot line. A minimum 50' structure setback is required from the ordinary high water level. 2. The applicant shall verify the face of wall location and elevations of the retaining wall on the north side of the development, including the elevation of the top and bottom of the wall. 3. The applicant shall verify the proposed drainage along the north property line. If an appropriate drainage Swale is not feasible between the wall and the northerly lots then necessary drainage facilities such as draintile inlets and piping shall be constructed. 4. Applicant shall revise the grading plan to identify the descriptions of the common areas to include the correct lot and block descriptions, rather than as outlots A & B as shown on the grading plan. 5. No decks, porches, or patios will be allowed outside the unit lots on lots 1 and 2 to allow property drainage along the wall. Decks, porches, or patios may be • allowed within the unit lots of I and 2, subject to meeting the 8' setback to the unit lot line. U� J Resolution #13204 Lot Split — 435 Kottke Crt May 22, 2007 Page 2 • 6. Grills will not be allowed where there is a roof above the open deck area. 7. It must be disclosed to prospective buyers that City owned areas across the river are heavy industrial properties, including HATS facility, compost site, and a training and shooting range. 8. Fees shall be paid prior to issuance of building permits and as required by the subdivision agreement in effect. 9. All conditions of the Preliminary and Final Plat shall remain in effect, unless specifically revised by resolution. Adopted by the City Council this 22 d day of May, 2007. ATTEST: Gary D. Plotz City Administrator • I Steven W. Cook Mayor 0 DATE: May 16, 2007, for the May 22, 2007, City Council Meeting TO: Hutchinson City Council FROMW 0 Hutchinson Planning Commission SUBJECT-0 AMENDMENT TO PLANNED DEVELOPMENT DISTRICT AND SEVEN LOT SPLITS FOR KOTTKE COURT Request: Hagen Builders has purchased the Kottke Court development and is requesting a PDD amendment and 7 lot splits for construction of twin homes on the site. The property was platted in August 2004 with 7 unit lots, an 8-acre common space lot, and a private street. Previous approvals stated that lot splits would be required to construct twin homes. The applicant plans to construct larger twin homes than previously proposed and has requested a change to the setbacks to allow the new home style. The requested PDD amendment is to 1) reduce the rea r setbacks from 2 5 to 8 feet to th e u nit lot line, a n d 2), revise the front setbacks to 10 feet to th e fro nt u nit lot I in e, rather than th e 2 5 feet to th e roadway, which would provide the same amount of front yard. Additional information i s included in the attached staff report. The following map identifies the existing lot arrangement and surrounding area: City Council Memo • Kottke Court — Conditional Use Permit and Lot Splits May 22, 2007 Page 2 • Planning Commission Meeting: The Planning Commission held a public hearing on the request at their May 15', 2007, meeting. The Commission discussed the drainage area between the northerly units and the rock retaining wall. The developer will install drain tile and inlets to address drainage. The applicant may revise the building plans to be able to construct a deck off the back of the northerly units. Staff recommended revising the conditions to allow decks, porches, or patios on the northerly units, subject to meeting the 8' setback to the unit lot line. One property owners made comment regarding his desire to see the open space area kept in a natural state because of the wildlife seen on the property. The applicant stated they would keep the area natural if it was acceptable by the City. Staff said the property is covered by a drainage easement and should be maintained in a natural state due to the wetland on site and the shoreland. district area. The Commission reviewed the conditional use permit to amend the planned development district and determined that the request meets the standards for granting a conditional use permit to 1) reduce the rear setbacks from 25 to 8 feet to the unit lot line and 2) revise the front setbacks to 10 feet to the unit lot, rather than 25 feet to the roadway. The distance from the home to the street would be roughly the same as was previously approved, however the setback would be specified to the lot line rather than the street. The building pads and elevations would be very similar to the previously approved plan. They also reviewed the request to split the 7 lots. The proposed lot divisions and arrangement is consistent with previous approvals and would result in lots ranging from approximately 3,336 sq. ft. to 4,116 sq. ft. The commonly -owned open space lot is over 8 acres in area and would provide over 30,000 square feet per unit. Recommendation: The Planning Commission unanimously recommended approval of the conditional use permit and lot splits, with the findings and conditions as stated In the attached Resolutions. l."' J j DIRECTORS REPORT - P LANNING DEPARTM EN A&or T L - 1 - - . - - - L-- -Ac '& jai � ---� �w - --- � . -!� �; �0-- --- -*%- To: Hutchinson Planning Commission From. Brad 'Emans., Rolf Moon, Dave Hunstad, Miles Seppelt, Brian Warzee-ha, Jean Ward, Ju,dv Fl em 99 John Webster., John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobn*cb, Marc Sebora, Gary Plot z, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting in bold) Date: May 8, 2007, for May 15, 2007, Planning Commission Meeting Application: AMENDMENT TO PLANNED DEVELOPM[ENT DISTRICT AND SEVEN LOT SPI-jITS FOR KOTTKE COURT Applicant: Hagen BUIleery, property owner AMENDMENT TO PLANNED DE-N'-ELOPENT DISTRICT A.IND SEVEN LOT SPLITS Brief Description Hagen Builders has purchased the Kottke Court development and is requesting a PDD amenchnent and 7 lot splits for constraction of twin homes on the site. The propeTty was platted in August 2004 with 7 unit lots, an 8-acre common space lot, and a private street. Previous approvals stated that lot splits would be required to construct twin homes. The applicant plans to core trot larger twi n homes th n prev i ou s ly p-ropo s and has requested a cb an ge to th e s e t b asks to allow the new home style. The requested PDD amendment is to 1) reduce the rear setbacks ftom 25 to 8 feet to the unit lot line, and 2) revise the front setbacks to '1 feet to the front unit lot line, rather than the 25 feet to the roadway, whicb would provide the same amount of front yard. The following map identifies the existing lot arrangement and surrounding area: oll • PDD Amendment and Lot Splits Hagen Builders — Kottke Court Page 2 GENERAL INFORMATION Existing Zoning: R2 ( Medium Density Residential) Property Location: Lot Size: Existing Land Use: Adjacent Land Use And Zoning: Comprehensive Land Use Plan: Zoning History: Applicable Regulations: • Transportation: Analysis and Recommendation: Lot Splits Kottke Court The proposed unit lots range from approximately 3,336 to 4,116 sq. ft. The existing platted common space lot is over 8 acres in area. Approximately 30,000 sq. ft. would be provided per twin -home unit. Vacant Single Family Residential Traditional Residential Neighborhood The property was platted in 2004 by Mr. Burgess. A Planned Development District and Rezoning were also approved in 2004. Section 154.070 of the City Code Jefferson Street S.E. The applicant is requesting to split all 7 of the unit lots to allow construction of twin -homes for a total of 14 units. The staff report for the PDD in 2004 noted that lot splits would be required for construction of twin homes. The proposed lot divisions and arrangement is consistent with previous approvals and would result in lots ranging from approximately 3,336 sq. ft. to 4,116 sq. ft. The commonly -owned open space lot is over 8 acres in area. Tree escrow in the amount of $5,040 for 28 trees was required by the subdivision agreement for 2 trees per unit (14 lots x 2 trees per unit x $180). The $5,040 was paid with the approved plat and is currently in escrow with the City. The remaining fees will be due prior to issuance of building permits or as otherwise required by the subdivision agreement. Planned Development District (PDD) Amendment The requested PDD amendment is to 1) reduce the rear setbacks from 25 to 8 feet to the unit lot line and 2) revise the front setbacks to 10 feet to the unit lot, rather than 25 feet to the roadway. • The distance from the home to the street would be roughly the same as was previously approved, however the setback would be specified to the lot line rather than the street. The building pads and elevations would be very similar to the previously approved plan. An updated grading plan is (�CG� 3 PDD Amendment and Lot Splits Hagen Builders — Kottke Court Page 3 . provided identifying the proposed grades and elevations for the proposed homes. The utilities and stormwatcr plans would remain the same as approved with the preliminary and final plats. Staff discussed the proposed changes at the April 30`" planning staff meeting and recommended approval of the PDD amendment and lot splits with the following recommendations: 1. The setbacks for the development shall be 10 feet from the front lot line, 8' from the rear lot line, and 6' from the side lot line. Setbacks shall be measured from the unit lot line. A minimum 50' structure setback is required from the ordinary high water level. 2. The applicant shall verify the face of wall location and elevations of the retaining wall on the north side of the development, including the elevation of the top and bottom of the wall. 3. The applicant shall verify the proposed drainage along the north property line. If an appropriate drainage swale is not feasible between the wall and the northerly lots then necessary drainage facilities such as draintile inlets and piping shall be constructed. 4. Applicant shall revise the grading plan to identify the descriptions of the common areas to include the correct lot and block descriptions, rather than as outlots A & B as shown on the grading plan. 5. No decks, porches, or patios will be allowed outside the unit lots on lots 1 and 2 to allow property drainage along the wall. • 6. Grills will not be allowed where there is a roof above the open deck area. 7. It must be disclosed to prospective buyers that City owned areas across the river are heavy industrial properties, including HATS facility, compost site, and a training and shooting range. 8. Fees shall be paid prior to issuance of building permits and as required by the subdivision agreement in effect. 9. All conditions of the Preliminary and Final Plat shall remain in effect, unless specifically revised by resolution. Attachments: Site Plan Grading Plan Survey identifying Lot Splits Building Elevations and Floor Plans Final Plat Resolution Approved August 24, 2004 • Cc: Hagen Builders, 150 Olsen Blvd, Cokato MN 55321 0 9 • Certificate of Description a �rere . rn)V®Rximn ¢2vrry P}qn rn na«sn vb}nary � ®va vwm le 8uf pvl d {w I M BM rMTpYpS M.FS Mtld fm,M Mwh amMi bib rasa M dyad i [MMY M w i✓all a4« M Sd A,I.1/ ✓ N. /Y lA6 M !YV[ msn� RaAn amsllw r,.rm v w✓ v� d u r..m r, rorw dsac ,�. Iv.r} Y.mra �+,. Y b .m° /M WoC M Ib (vYIJ' d LY IM�IY G4II Yf lLal w1 Yd M /rdf ✓WMI. qd .b ,YwyW q, wMy gYMO�M rnmo� Rvan' asro+vov v,wn m u.r }.+ d.« z ✓ ew r. mnla awe ✓nw w.r} YY,�r. ®mv row.varY, e'..e \a..tbe.✓.y✓b.Y".y amMwee nw,>rm Roarr®saa vum a{ Rpm nmorrr �smr vaw m wu v.+ d {« J ✓ °. , r. mr>.r mwr. 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W:/ fa It M,�Y � b LM ,waV M/I LMW /110 ROAN a9}iA]V IABIl I. 4M aI b WWIr RD M !.w[ AV4® l4VAn [pilvWl rMV >n M vwY M.M M w u r d as r. 1'oma Nar, wr mwrl wn yae d {d > d sa r. aomi pve4 ,w✓ �M uw4 s�Y b b ,pr al✓ a.�< bl r r�e.y a w IYn.n avY M wr Certificate of Description "°^ °°`°° °j� n.r.ey altlry �1 tma a'•n• �yy ya, 1°iAa°' • denotes iron molwmenl found pwa d Yvon .® o�.o°Yb N m. 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' •- __ .... ._ _ ___.�,��.,.- �.�-.: -. --e. =_ ._� ..�, .�,... -,�-.a �- �r.'��_.�w.. _'..,..�.. _�... :_ - - -rte -� w .e -�...� _. .. . . .._. _ _ _„ ... _. _ _. .. ._._....�. ..._ _ _ - _- -r -. -.._ _ -: ._ .. _ _ � - 4 SO i DEAL LUMBER I DESIGNED FOR: HAGEN HOMES DATE: - DRAWN BY: PAGE: LITCHFIELD, MN 55355 HUTCHINSON, MN �� /2/) Q 2007 M11/07 SDT OF: vrousaii iaoweo-xe J v \ \ p \ \ 4 Au N 4UYVFyO MIM1 t.VflR.vmNi.f pfPM lx¢ L 1 9vp xMMOIIfIN001NT6Mv� �.ffm.Wd�w¢ 4Rn�u�f (�w`If wf ) LO b1O Y M Yrwu) ww1''.IY MIM PA,-T dw VA aq` i\ 4 -t � \ fB'� f£ 9vi - H BLS ➢ ��1 th L%YS�NI p.. *�� u J INSET A V \ \ p \ \ 4 Au N 4UYVFyO MIM1 t.VflR.vmNi.f pfPM lx¢ L 1 9vp xMMOIIfIN001NT6Mv� �.ffm.Wd�w¢ 4Rn�u�f (�w`If wf ) LO b1O Y M Yrwu) ww1''.IY MIM \ u. \ 9 \ 9\ \ a� \ 8 \C xt �p \ 0 t� a� J I I - 9 J \ ndvi \ I \ I 0 t� a� J I I - 9 \ \ 0 t� a� J I I I�SSESSh^,r�'T �►tn,0v� �'c� An1.D Niav,,e5 � � Scb. SUBDIVISION AGREEMENT Excelsior Addition CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter by and between Jeffrey G. Munsell and Sandra G. Munsell, husband and wife, fee owners, hereinafter called the "Subdivider "; and Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City"; • WITNESSETH: WHEREAS, the Subdivider is the owner and developer of property situated in the County of McLeod, State of Minnesota, which has been surveyed and preliminary platted as "Excelsior Addition" and further described in the existing legal description as: • The South 296.00 feet of Tracts G, H, and I of Registered Land Survey No. 22, files of the Registrar of Titles, County of McLeod. WHEREAS, City Ordinance No. 464 and 466 requires the Subdivider to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: I. SITE PREPARATION AND GRADING It is agreed and understood that the Subdivider shall be responsible for all work associated with site preparation and grading. All areas within the final plat, but outside of the rights -of -way, shall be graded to within 0.5 feet of final grade to allow for proper drainage, and the installation of utilities. The entire right -of- way shall be graded to within 0.2 feet of final subgrade, as noted in the approved improvement plans for the project. Any and all unstable soil conditions or soils unsuitable for construction in the right -of -way shall be corrected and/orreplaced The Subdivider shall clear trees and/or debris from utility easements and rights -of- way, as per the request of the City or utility, prior to installation of the improvements. All soils shall be Excelsior AddidowPage 1 — 05/22/2007 &(C)M compacted to a minimum of 90% Standard Proctor Density. All work shall conform to the approved Site Grading and Improvements Plan, and shall be completed prior to the commencement ofbuilding construction on the site. The construction may be completed in stages, as approved by the City. 2. The Subdivider shall complete all work noted in Paragraph No. 1, and provide a written verification from a professional engineer or surveyor, prior to installation of utilities and/or issuance of building permits. This work must be approved by City staff and related utilities to allow for extension of utilities to serve the site. Any costs associated with these requirements shall be the sole responsibility of the Subdivider, and are not financed through the City. It shall be the responsibility of the Subdivider to assure that the Site Grading Plan and Final Plat are being conformed to during house construction within this subdivision. This responsibility shall include the notification of contractors, builders, and lot buyers as to the drainage and grading requirements, lowest floor elevation requirements, and the type of house (i.e. split entry, walkout, etc.) that may or may not be able to be built for each lot. Site plans for each house must conform to the approved Site Grading Plan. It is essential that the vertical and horizontal locations of the structure are verified to avoid conflict with infrastructure and potential drainage issues. Any costs associated with correcting these conflicts and issues shall be the sole responsibility of the Subdivider. 4. The Subdivider shall provide all turf establishment and erosion control necessary to protect the utilities and street improvements on the entire site. The Subdivider shall also provide all erosion control during site grading and improvement work necessary to meet local, state and federal requirements. Any subdivision disturbing one acre or more of land needs to obtain an NPDES /SDS (National Pollutant Discharge Elimination System/State Disposal System) permit through the MPCA (Minnesota Pollution Control Agency). Information regarding the permitting process can be accessed at www.i)ca.state.mn.us/ water /stormwater /stormwater- c.html orby calling the City's Environmental Specialist at (320) 234 -5682. A copy of the submitted permit and associated Stormwater Pollution Prevention Plan (SWPPP) must be provided to the Environmental Specialist prior to construction commencing within the site. All disturbed areas shall be seeded, mulched, and disc anchored with MNDOT seed mix 250GR within 48 hours after final grading is completed or within one week after rough grading is completed. Any areas disturbed adjacent to a stormwater pond, drainage ditch or existing wetland shall be seeded with MNDOT seed mixture 310 and covered with erosion control blanket. Any corrective measures to address erosion control and turf establishment are at the expense of the Subdivider. The City shall notify the Subdivider in writing, of work needing completion. If no action is taken by the Subdivider within 10 days or sooner if determined necessary, the City reserves the right to complete this work and invoice or assess the Subdivider. 5. It is understood and agreed that it shall be the Subdivider's responsibility to provide survey control points for all infrastructure and site construction. It is understood and agreed that the Subdivider shall be responsible for maintaining the condition of the infrastructure, mowing, weed control and other site maintenance issues during site and building construction. The Subdivider shall be required to maintain and clean the roadways and storm sewers/ponds on a regular basis, and shall repair or replace any street, storm sewer /ponds, sanitary sewer or watermain infrastructure damaged by operations related to site and building construction. The Subdivider hereby designates Marty Campion at Otto Associates, Inc. at (763) - 682 -4727 as the person responsible for site issues. The City will not be responsible for any maintenance of the site. The City shall notify the Subdivider in writing, of work needing completion. If no action is taken by the Subdivider within 10 days or sooner if determined necessary, the City reserves the right to complete this work and invoice or assess the Subdivider. Excelsior Addition/Page 2 — 05/22/2007 1 .- • 5. It is understood and agreed that any agreements regarding the method and procedure for assessments from municipal improvements shall, at the sole option of the City, cease to be effective thirty-six (36) months following approval of the Subdivision Agreement by the City. The City may exercise the option granted herein by giving written notice at any time, either before or after the expiration of the thirty-six (36) month period, of the City's intention to nullify the method and procedure for spreading assessments under the terms of the Subdivision Agreement. In the event the City so elects, all assessments subsequent to the notice shall be spread and imposed pursuant to Chapter 429 of Minnesota Statutes or other applicable laws. The written notice called for by this paragraph shall be given to the fee owner of the property as disclosed by the records of the McLeod County Recorder or Registrar of Titles. III. OTHER FEES, CHARGES AND DEDICATIONS 1. It is agreed and understood that the Subdivider shall provide a surety in the form of a bond or letter of credit in favor of the City, in the amount of $192,225, based upon 100% of the proposed improvements cost excluding mass grading, as shown on the private bid form received May 9, 2007. The bond or letter of credit is due prior to the commencement of grading operations. 2. It is understood and agreed that the Subdivider shall, prior to installation of utilities, pay connection fees for Electric /Gas Service to Hutchinson Utilities for all units to be served in the final plat. These fees include the standard connection to each house including required meters. Services larger than the standard residential sizes will be at a higher cost. 3. It is understood and agreed that a Parks and Playground Contribution shall be made in the form of 175 per unit for R2 zoning within this plat. Thus, the total fee for the proposed 5 lots is $875. Future subdivision • may require additional fees, in accordance with the subdivision regulations and City ordinances at the time of division. 4. The Subdivider will provide dollars to the City for the planting of boulevard trees at a rate of $200 per tree (2 trees per lot x 5 lots), which equals $2,000. This fee shall be paid prior to the City signing and releasing the final plat to be recorded. The City will keep these dollars in reserve until a majority of the development has buildings completed and then plant the trees within the boulevard areas of the development. The location and type of trees shall be determined by the City Forester. Trees maybe planted in alternate areas throughout the development, as determined by the City Forester. Future subdivision may require additional fees, in accordance with the subdivision regulations and City ordinances at the time of division. 5. It is understood that the subdivider will remove the bituminous City trail that encroaches on the subject property. The subdivider will be compensated for the costs identified in the bid form for the removal, after approval of the City Engineer. A separate agreement may be negotiated for reimbursement (if any) for relocating the City trail or the subdivider will be otherwise compensated. The subdivider shall not begin any removal, construction, or relocation of the trail prior to approval of the City Engineer. IV. GENERAL 1. It is understood and agreed that no building permits will be issued for building construction prior to the utility and street improvements being completed and accepted by the City. Any damage to surrounding private property or City infrastructure that occurs due to building construction shall be the responsibility of the Subdivider to correct. • Excelsior Addition/Page 4 — 05/22/2007 2. It is understood and agreed that building permits may not be issued and/or "stop work orders" may be • issued upon inspections that identify construction site problems including, but not limited to, deficient erosion control measures, unsecured construction debris, trash, growth of weeds or grass in violation of City Code standards, and/or other violations of City ordinances. Remedy of the construction site problems and violations will be required before additional work will be allowed by the City. 3. Turf grass shall be established within 6 months of certificate of occupancy issuance. 4. It is understood and agreed that all local, state and federal permits required to be obtained for the development shall be the responsibility of the Subdivider. 5. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 6. It is understood and agreed that the Subdivider shall record this agreement at the McLeod County Recorder'sOffice or McLeod County Registrar of Titles Office, and that no Building Permits will be issued until said Agreement is recorded and a certified copy of this agreement is provided to the City. The Subdivider shall pay all costs associated with said recording. SIGNATURES Jeffrey G. Munsell and Sandra G. Munsell, husband and wife, fee owners (Subdividers) Signature: Jeffrey G. Mansell STATE OF MINNESOTA COUNTY OF Signature: Sandra G. Munsell The foregoing instrument was acknowledged before me this day of 2007, by Jeffrey G. Munsell and Sandra G. Munsell, husband and wife, fee owners. Notary Public, My Commission Expires Excelsior Addition/Page 5 — 05/22/2007 County, Minnesota • L] 0 E APPROVED BY THE HUTCHINSON CITY COUNCIL THE 22ND DAY OF MAY, 2007. CITY OF HUTCHINSON: STEVEN W. COOK, MAYOR GARY D. PLOTZ, CITY ADMINISTRATOR STATE OF MINNESOTA The foregoing instrument was acknowledged before me this X-1110 "11a 11a day of 2007, by Steven W. Cook, Mayor and Gary D. Plotz, City Administrator of the City of Hutchinson. Notary Public My Commission Expires THIS INSTRUMENT WAS DRAFTED BY: Kent Exner, PE, City Engineer Rebecca Bowers, Director of Planning/Zoning/Building Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (320 - 2344212) or (320-2344258) Excelsior Addition/Page 6 — 05/22/2007 County, Minnesota 0 C 0 IR A U N1 TO: Rebecca Bowers, Director Planning/Zoning/Building FROM: Kent Exner, City Engineer RE: Excelsior Addition Preliminary Plan Review DATE: April 30, 2007 Per my review of the Excelsior Addition Final Construction Plans dated April 10, 2007, I have the following comments: • Sanitary Sewer ME 2 — Install MH 2 on church/development property line. Service line to church should remain within easement on development property. • Park Sanitary Sewer Service — Existing sanitary sewer service into the westerly side of the existing comer manhole must be protected and repaired if disturbed. • Drainage & Utility Easements — Verify that adequate Drainage & Utility Easements are established/dedicated within existing Lots 2 & 14 for the proposed drainage facilities. These easement dimensions should match what is proposed at Lots 1 & 5. • NPDES Requirements — Show notes on Grading Plan to address SWPPP requirements, proposed restoration (2' of sod behind curb), inlet protection, etc. • Trail Removal/Relocation — Plans show the removal and relocation being performed by the Developer. Please verify with the Developer, that removing and relocating the trail at their cost is acceptable in return for encroaching onto City park property with necessary grading and drainage facilities. • Ped Ramp — Install pedestrian ramp at trail connection on Alaska Court. • Silt Fence — Install silt fence around northwest comer of the development area including the church's sanitary sewer service disturbance area and the southeast comer including the trail relocation disturbance area. If there are any questions or concerns regarding these comments, please let me know. cc: Marty Campion, Otto Associates Lo(6)L4 RESOLUTION NO. 13205 • RESOLUTION APPROVING A FIVE LOT FINAL PLAT TO BE KNOWN AS EXCELSIOR ADDITION AND SUBMITTED BY JEFF MUNSELL, PROPERTY OWNER Whereas, Jeff Munsell, property owner, has requested approval of a five lot final plat to be known as Excelsior Addition with the following legal description: Legal Description: The South 296.00 feet of Tracts G, H, and I of Registered Land Survey No. 22, files of the Registrar of Titles, County of McLeod. Whereas, the Planning Commission has reviewed the final plat on May 15, 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 final plat subject to the following findings and conditions: 1. The plans shall be revised to comply with the required revisions and comments listed in the City Engineer's memorandum dated April 30, 2007. Final plat approval is subject to City Engineer's approval. 2. A variance was previously approved for lot depth between Block 1, Lots 1 &2 and 4&5. 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 he 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. No building permits will be issued for these lots until the relocation of the accessory buildings has been completed. Adopted by the City Council this 22nd day of May, 2007. ATTEST: Gary D. Plotz City Administrator • Steven W. Cook Mayor • MEMORANDUM DATE: May 16, 2007 for the May 22, 2007 City Council meeting TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: EXCELSIOR ADDITION FINAL PLAT SUBMITTED BY JEFF MUNSELL AND SUBDIVISION AGREEMENT Requested Action: Approval of the Final Plat and Subdivision Agreement for Excelsior Addition. Request: The property owner has submitted the 5 lot Final plat for Excelsior Addition. The preliminary plat was approved by City Council, February 27, 2007. A variance for lot depth on two lots was also granted. The final plat includes 5 single family lots on a new cul-de -sac public street • to be named Alaska Court. The 5 proposed lots range in size from 12,777 to 16,999 square feet, which exceeds the lot area requirement of 8,400 square feet in the R -2 district. There were only minor changes from the preliminary plat to the final plat and the final plat is consistent with preliminary plat approvals. Additional details are included in the attached staff report. • Planning Commission Meeting: The Planning Commission reviewed the final plat request at their May 15"', 2007, meeting. There were no members from the public to speak on the item. The Commission discussed the City trail relocation and the costs involved. Staff stated the City will work with the developer on relocating the trail and will include appropriate language in the subdivision agreement. The subdivision agreement prepared by staff is attached for the Council's approval. Recommendation: The Planning Commission unanimously recommends approval of the final plat, with the findings and conditions as stated in attached Resolution. CO (C)� v� 1 j; Vl \ i. iV r OCK 3 �TZ I ` \ IN4t I Li j� 04 d II BLQC i E •ter: o.. py y l 9 2006 EXCELSIOR ADDITIofP`; $e PRELIMINARY PLAT TM f.M xpfN hx N Tr.Ip. @ 11, py I N IEIXIRRD lY9 fllllf� 110. xL Iln N Rn gpfmp N Tqm Gml) Nfg4. 10lI1 �4 . 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M.vwrsb. 9 W415 "f o., Hutchinson Planning ConimISSIOR From : Brad Emans, if Moon, Dave Hunstad,Nfides Sep,pelt, Brian Warzecha, Jean and Judy Hemming, John Webster, John Olson, Lenny, RuUedge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, NIaTc Sebora, Gary 'Plotz, Ken Merrill, Jim Popp, Dan Hatter, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: May 8, 2007, for May 15,2007, Planning Commission Meeting Application: EXCELSIOR FINAL PLAT Applicaill: Jeff Munsell, property owner Brief Deseniption The property owner has submiacd the 5 lot Final plat of Excelsior Addition. The prefifilinary plat was approved by City Count ll.,.Febrtiary 27, 2007. A variance for lot depth on two lots was also gTasted. The development site and SUITOu n d i n g area are id ti ed below: L Final Plat: The final plat includes 5 single family lots on a new cul -de -sac public street to be named Alaska Court. The 5 proposed lots range in size from 12,777 to 16,999 square feet, which exceeds the lot area requirement of 8,400 square feet in the R -2 district. A variance was approved to allow 90 -foot lot depth, where 120 feet is required, between lots 1 & 2 and 3 & 4. Street Names: The street name will be Alaska Court, which will replace Carolina Ave. N.W. from California Street. A stop sign will be required at California and Alaska Court. Staff recommends that green space should be maximized by combining the driveways and coordinating garage placement to allow shared driveways. Grading, Stormwater, and Utilities: The development would connect to sanitary sewer from the service line to the north on the Church property. The developer shall be responsible for all coordination and costs associated with relocating and reconnecting the Church's sanitary service. A water line would be constructed in the location of the new road. Refer to attached plans and City Engineer's memorandum for details and conditions of grading, stormwater, and the location of utilities. • Staff recommends driveways be aligned and garage placement coordinated to minimize utility conflicts and maximize green space. A condition has been included requiring revisions to comply with attached City Engineer's memorandum. Final Plat Excelsior Addition Final Plat Page 2 • GENERAL INFORMATION Existing Zoning: R2 (Medium Density Residential) Property Location: East of Rotary Park Lot Size: Existing Site: 2 Acres Proposed Lots: Range of 12,777 to 16,999 square feet, Existing Land Use: Vacant Adjacent Land Use And Zoning: Single Family Residential Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The property was divided into 3 lots in 1987 and is identified as Registered Land Survey No. 22. There have been sketches for potential development with a similar layout in the past, however none were platted. In October, 2006, the Planning Commission reviewed a sketch plan for the development. The preliminary plat and variance were approved by City Council in February, 2007. Applicable • Regulations: Sections 153.35 and 154.167 (City Code) Transportation: Alaska Court Final Plat: The final plat includes 5 single family lots on a new cul -de -sac public street to be named Alaska Court. The 5 proposed lots range in size from 12,777 to 16,999 square feet, which exceeds the lot area requirement of 8,400 square feet in the R -2 district. A variance was approved to allow 90 -foot lot depth, where 120 feet is required, between lots 1 & 2 and 3 & 4. Street Names: The street name will be Alaska Court, which will replace Carolina Ave. N.W. from California Street. A stop sign will be required at California and Alaska Court. Staff recommends that green space should be maximized by combining the driveways and coordinating garage placement to allow shared driveways. Grading, Stormwater, and Utilities: The development would connect to sanitary sewer from the service line to the north on the Church property. The developer shall be responsible for all coordination and costs associated with relocating and reconnecting the Church's sanitary service. A water line would be constructed in the location of the new road. Refer to attached plans and City Engineer's memorandum for details and conditions of grading, stormwater, and the location of utilities. • Staff recommends driveways be aligned and garage placement coordinated to minimize utility conflicts and maximize green space. A condition has been included requiring revisions to comply with attached City Engineer's memorandum. Final Plat Excelsior Addition Final Plat Page 3 • Tree Planting, Park Dedication, and SAC/WAC Fees: The applicant will be required to meet the City's landscaping, tree planting, and park dedication ordinance. Payment for the cost of two trees per lot (10 trees) will be specified in the subdivision agreement and required prior to signing the final plat. Park land dedication fee will be collected on each building permit in accordance with the City's fee schedule. SAC/WAC charges will be collected with the building permit fees. The 2007 fee is $2,950 per unit, however the amount charged will be the fee in effect at the time of building permit issuance (this fee may increase each year). The subdivision agreement will specify the requirements for project improvement costs. 100% of the project improvement costs, minus the mass grading, must be secured by a bond or letter of credit by the developer. Additionally, a 7% engineering fee will be applied to the applicable project improvement costs will be required for the City to recover engineering review, administration, comprehensive planning, and HRA program costs. Engineering fees are collected prior to the development construction commencing. There is an existing bituminous City trail that is partially located over the property lines of the platted lots to the south of the site. The arrangement for the relocation of the City park trail and will be specified within the subdivision agreement. Recommendation: Staff would recommend approval the final plat with the following findings and • recommendations: 1. The plans shall be revised to comply with the required revisions and comments listed in the City Engineer's memorandum dated April 30, 2007. Final plat approval is subject to City Engineer's approval. 2. A variance was previously approved for lot depth between Block 1, Lots 1 &2 and 4 &5. 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. No building permits will be issued for these lots until the relocation of the accessory buildings has been completed. . Cc: Jeff Munsell, 1355 Hwy 7 West Marty Campion, Otto Assoc., 9 West Division St., Buffalo MN 55313 cPCG�� C TO: Rebecca Bowers, Director Planning/Zoning/Building FROM: Kent Exner, City Engineer RE: Excelsior Addition Preliminary Plan Review DATE: April 30, 2007 Per my review of the Excelsior Addition Final Construction Plans dated April 10, 2007, I have the following comments: • Sanitary Sewer MH 2 — Install MH 2 on church/development property line. Service line to • church should remain within easement on development property. • Park Sanitary Sewer Service — Existing sanitary sewer service into the westerly side of the existing corner manhole must be protected and repaired if disturbed. • Drainage & Utility Easements — Verify that adequate Drainage & Utility Easements are established/dedicated within existing Lots 2 &14 for the proposed drainage facilities. These easement dimensions should match what is proposed at Lots 1 & 5. • NPDES Requirements — Show notes on Grading Plan to address SWPPP requirements, proposed restoration (2' of sod behind curb), inlet protection, etc. • Trail Removal/Relocation — Plans show the removal and relocation being performed by the Developer. Please verify with the Developer, that removing and relocating the trail at their cost is acceptable in return for encroaching onto City park property with necessary grading and drainage facilities. • Ped Ramp — Install pedestrian ramp at trail connection on Alaska Court. • Silt Fence — Install silt fence around northwest corner of the development area including the church's sanitary sewer service disturbance area and the southeast corner including the trail relocation disturbance area. If there are any questions or concerns regarding these comments, please let me know. cc: Marty Campion, Otto Associates • bc(:-)4 0 SUBDIVISION AGREEMENT Excelsior Addition CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter by and between Jeffrey G. Munsell and Sandra G. Munsell, husband and wife, fee owners, hereinafter called the "Subdivider"; and Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City"; • WITNESSETH: WHEREAS, the Subdivider is the owner and developer of property situated in the County of McLeod, State of Minnesota, which has been surveyed and preliminary platted as "Excelsior Addition" and further described in the existing legal description as: J The South 296.00 feet of Tracts G, H, and I of Registered Land Survey No. 22, files of the Registrar of Titles, County of McLeod. WHEREAS, City Ordinance No. 464 and 466 requires the Subdivider to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: I. SITE PREPARATION AND GRADING It is agreed and understood that the Subdivider shall be responsible for all work associated with site preparation and grading. All areas within the final plat, but outside of the rights -of -way, shall be graded to within 0.5 feet of final grade to allow for proper drainage, and the installation of utilities. The entire right -of- way shall be graded to within 0.2 feet of final subgrade, as noted in the approved improvement plans for the project. Any and all unstable soil conditions or soils unsuitable for construction in the right -of -way shall be corrected and/or replaced The Subdivider shall clear trees and/or debris from utility easements and rights -of- way, as per the request of the City or utility, prior to installation of the improvements. All soils shall be Excelsior Addition/Page 1— 05/22/2007 (9 (C) Ll compacted to a minimum of 90% Standard Proctor Density. All work shall conform to the approved Site Grading and Improvements Plan, and shall be completed prior to the commencement of building construction on the site. The construction may be completed in stages, as approved by the City. 2. The Subdivider shall complete all work noted in Paragraph No. 1, and provide a written verification from a professional engineer or surveyor, prior to installation of utilities and/or issuance of building permits. This work must be approved by City staff and related utilities to allow for extension of utilities to serve the site. Any costs associated with these requirements shall be the sole responsibility of the Subdivider, and are not financed through the City. 3. It shall be the responsibility of the Subdivider to assure that the Site Grading Plan and Final Plat are being conformed to during house construction within this subdivision. This responsibility shall include the notification of contractors, builders, and lot buyers as to the drainage and grading requirements, lowest floor elevation requirements, and the type of house (i.e. split entry, walkout, etc.) that may or may not be able to be built for each lot. Site plans for each house must conform to the approved Site Grading Plan. It is essential that the vertical and horizontal locations of the structure are verified to avoid conflict with infrastructure and potential drainage issues. Any costs associated with correcting these conflicts and issues shall be the'sole responsibility of the Subdivider. 4. The Subdivider shall provide all turf establishment and erosion control necessary to protect the utilities and street improvements on the entire site. The Subdivider shall also provide all erosion control during site grading and improvement work necessary to meet local, state and federal requirements. Any subdivision disturbing one acre or more of land needs to obtain an NPDES /SDS (National Pollutant Discharge Elimination System/State Disposal System) permit through the MPCA (Minnesota Pollution Control Agency). Information regarding the permitting process can be accessed at • wuRV.aca.state.mn.us/ water /stormwater /stormwaterchtmlor by calling the City's Environmental Specialist at (320) 234 -5682. A copy of the submitted permit and associated Stormwater Pollution Prevention Plan (S WPPP) must be provided to the Environmental Specialist prior to construction commencing within the site. All disturbed areas shall be seeded, mulched, and disc anchored with MNDOT seed mix 250GR within 48 hours after final grading is completed or within one week after rough grading is completed. Any areas disturbed adjacent to a stormwater pond, drainage ditch or existing wetland shall be seeded with MNDOT seed mixture 310 and covered with erosion control blanket. Any corrective measures to address erosion control and turf establishment are at the expense of the Subdivider. The City shall notify the Subdivider in writing, of work needing completion. If no action is taken by the Subdivider within 10 days or sooner if determined necessary, the City reserves the right to complete this work and invoice or assess the Subdivider. • 5. It is understood and agreed that it shall be the Subdivider's responsibility to provide survey control points for all infrastructure and site construction. 6. It is understood and agreed that the Subdivider shall be responsible for maintaining the condition of the infrastructure, mowing, weed control and other site maintenance issues during site and building construction. The Subdivider shall be required to maintain and clean the roadways and storm sewers/ponds on a regular basis, and shall repair or replace any street, storm sewer /ponds, sanitary sewer or watermain infrastructure damaged by operations related to site and building construction. The Subdivider hereby designates Marty Campion at Otto Associates, Inc. at (763)- 682 -4727 as the person responsible for site issues. The City will not be responsible for any maintenance of the site. The City shall notify the Subdivider in writing, of work needing completion. If no action is taken by the Subdivider within 10 days or sooner if determined necessary, the City reserves the right to complete this work and invoice or assess the Subdivider. Excelsior Addition/Page 2 — 05/22/2007 7. The Subdividers will complete the grading, turf establishment and necessary permanent erosion control on the site by November 15, 2007. If the Subdivider fails to meet this completion date, the City reserves the right to hire a contractor to finish the remaining work and invoice or assess the Subdivider for the associated costs. U. ASSESSMENTS /IMPROVEMENTS The Subdivider hereby agrees to construct lateral and trunk sanitary sewer mains and appurtenances, lateral and trunk watermain and appurtenances, sanitary sewer service leads, water service leads, lateral and trunk storm sewer and appurtenances, curb and gutter, street grading, street base, street surfacing, street signs and lighting, and appurtenances to serve the entire plat. All work shall be completed by forces employed by the Subdivider, and the work shall meet all applicable local, state and federal regulations and construction standards. The City shall approve all construction documents and shall have overview and final approval of all infrastructure proposed to be turned over to the City. All roadway improvements shall be considered private infrastructure with all maintenance activities including but not limited to pavement/curbing repairs, pavement surface treatments, snow removals, sweeping, etc. being the responsibility of the adjacent property owners. If proper roadway maintenance is not administered, the City reserves the right to address issues that impact emergency access, human health, environmental contamination, etc. and assess all associated costs to the adjacent property owners. 2. It is understood and agreed that the City shall collect a lump sum fee for services provided to the Subdivider. It is agreed that the Subdivider will have a consultant, Otto Associates, complete the following at his own expense: project design (including plans and specifications), construction staking, general project administration, construction observation, and detailed as -built drawings in AutoCAD. The City shall complete the following at the noted percent of construction cost. It is agreed and understood that these costs will be paid • prior to construction, and that rates are in consideration of work to be furnished and completed by the Subdivider's consultant. 0 HRA Affordable Housing Fund 1.0% Design Review/Preliminary Layout 2.5% Administrative/Pretim. Development 1.5% Comprehensive Planning 1.5% Legal/Fiscal/Financial 0.5% TOTAL CITY EXPENSE RATE 7.0 %* *The expense rate shall be applied against the total construction cost, excluding mass grading, estimated to be $192,225. The amount is based upon the Engineer's estimate and is subject to change and will be based on actual bid received May 5, 2007. Thus, the lump sum fee shall be 7% of actual bid amount. 3. It is understood and agreed that each lot shall pay a Trunk Sanitary Sewer and Watermain Access Charge. This fee will compensate the City for improvements required to provide trunk sanitary sewer and watermain access to the plat property boundary. This fee shall be based on the most current fees being charged by the City and is due at the time of building permit issuance. The rates for the year 2007 are $1,675 per lot for trunk sanitary sewer and $1,275 per lot for trunk water main. 4. It is understood that $5,825.49 is due in City assessments against the property. The full amount of $5,825.49 shall be paid prior to the City signing and releasing the final plat for recording. Excelsior Addition/Page 3 — 05/22/2007 U C) LA • 5. It is understood and agreed that any agreements regarding the method and procedure for assessments from municipal improvements shall, at the sole option of the City, cease to be effective thirty-six (36) months following approval of the Subdivision Agreement by the City. The City may exercise the option granted herein by giving written notice at any time, either before or after the expiration of the thirty-six (36) month period, of the City's intention to nullify the method and procedure for spreading assessments under the terms of the Subdivision Agreement. In the event the City so elects, all assessments subsequent to the notice shall be spread and imposed pursuant to Chapter 429 of Minnesota Statutes or other applicable laws. The written notice called for by this paragraph shall be given to the fee owner of the property as disclosed by the records of the McLeod County Recorder or Registrar of Titles. M. OTHER FEES, CHARGES AND DEDICATIONS 1. It is agreed and understood that the Subdivider shall provide a surety in the form of a bond or letter of credit in favor of the City, in the amount of $192,225, based upon 100% of the proposed improvements cost excluding mass grading, as shown on the private bid form received May 9, 2007. The bond or letter of credit is due prior to the commencement of grading operations. 2. It is understood and agreed that the Subdivider shall, prior to installation of utilities, pay connection fees for Electric /Gas Service to Hutchinson Utilities for all units to be served in the final plat. These fees include the standard connection to each house including required meters. Services larger than the standard residential sizes will be at a higher cost. 3. It is understood and agreed that a Parks and Playground Contribution shall be made in the form of 175 per • unit for R2 zoning within this plat. Thus, the total fee for the proposed 5 lots is $875. Future subdivision may require additional fees, in accordance with the subdivision regulations and City ordinances at the time of division. • 4. The Subdivider will provide dollars to the City for the planting of boulevard trees at a rate of $200 per tree (2 trees per lot x 5 lots), which equals $2,000. This fee shall be paid prior to the City signing and releasing the final plat to be recorded. The City will keep these dollars in reserve until a majority of the development has buildings completed and then plant the trees within the boulevard areas of the development. The location and type of trees shall be determined by the City Forester. Trees maybe planted in alternate areas throughout the development, as determined by the City Forester. Future subdivision may require additional fees, in accordance with the subdivision regulations and City ordinances at the time of division. It is understood that the subdivider will remove the bituminous City trail that encroaches on the subject property. The subdivider will be compensated for the costs identified in the bid form for the removal, after approval of the City Engineer. A separate agreement may be negotiated for reimbursement (if any) for relocating the City trail or the subdivider will be otherwise compensated. The subdivider shall not begin any removal, construction, or relocation of the trail prior to approval of the City Engineer. IV. GENERAL 1. It is understood and agreed that no building permits will be issued for building construction prior to the utility and street improvements being completed and accepted by the City. Any damage to surrounding private property or City infrastructure that occurs due to building construction shall be the responsibility Excelsior Addition/Page 4 — 05/22/2007 of the Subdivider to correct. • 2. It is understood and agreed that building permits may not be issued and/or "stop work orders" may be issued upon inspections that identify construction site problems including, but not limited to, deficient erosion control measures, unsecured construction debris, trash, growth of weeds or grass in violation of City Code standards, and/or other violations of City ordinances. Remedy of the construction site problems and violations will be required before additional work will be allowed by the City. 3. Turf grass shall be established within 6 months of certificate of occupancy issuance. 4. It is understood and agreed that all local, state and federal permits required to be obtained for the development shall be the responsibility of the Subdivider. S. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 6. It is understood and agreed that the Subdivider shall record this agreement at the McLeod County Recorder'sOffice or McLeod County Registrar of Titles Office, and that no Building Permits will be issued until said Agreement is recorded and a certified copy of this agreement is provided to the City. The Subdivider shall pay all costs associated with said recording. SIGNATURES • Jeffrey G. Munsell and Sandra G. Munsell, (Subdividers) Signature: Printed Name & Title STATE OF MINNESOTA The foregoing instrument was acknowledged before me this COUNTY OF day of Notary Public, My Commission Expires Excelsior AdditiowPage 5 — 05/22i2007 of 2007, by County, Minnesota l51 ���LA • APPROVED BY THE HUTCHINSON CITY COUNCIL THE 22TH DAY OF MAY, 2007. CITY OF HUTCHINSON: 0 STEVEN W. COOK, MAYOR GARY D. PLOT4 CITY ADMINISTRATOR STATE OF MINNESOTA The foregoing instrument was acknowledged before me this COUNTY OF day of 2007, by Steven W. Cook, Mayor and Gary D. Plotz, City Administrator of the City of Hutchinson. Notary Public, My Commission Expires THIS INSTRUMENT WAS DRAFTED BY: Kent Exner, PE, City Engineer Rebecca Bowers, Director of Planning/Zoning/Building Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (320-234-4212) or (320-2344258) Excelsior Addition/Page 6— 05/22/2007 County, Minnesota RESOLUTION NO. 13206 • RESOLUTION APPROVING A SITE PLAN SUBMITTED BY HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY (EDA) TO CONSTRUCT A PAVILION IN THE PUBLIC RIGHT OF WAY ALONG HASSAN STREET S.E. AND FIRST AVENUE S.E. Whereas, Hutchinson Economic Development has requested approval of a site plan to construct a Farmer's Market Pavilion in the public right of way over the sidewalk and boulevard area on the north and east sides of the public parking lot at the corner of Hassan Street S.E. and First Avenue S.E., as shown on Attachment A. Whereas, the Planning Commission met on May 15, 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. If lighting is installed, it shall be shielded and may not produce glare on adjacent properties. 2. Ability to clear and plow snow shall be considered in the final design and height of the structure. 3. All utilities must be located prior to any excavation or construction on site. 4. Issuance of a Building permit is required prior to any construction on site. 5. No commercial signage shall be permitted on the structure. Non - commercial signage identifying the structure may be permitted, subject to meeting City sign regulations. Adopted by the City Council this 22" day of May, 2007. ATTEST: Gary D. Plotz City Administrator n U Steven W. Cook Mayor (,�(Z)c Farmers Market Pavn Planning Commission — Ntay 15, 2007 Page 2 Attachment A Public right of wayalong the south. side of First Avenue S. E, west of Has Street, and the west side of the right of way along Hassan Street, south of First Ave. S. E., as shown below: 0 MEMORANDUM DATE: May 16, 2007, for the May 22, 2007 City Council meeting TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: SITE PLAN FOR FARMERS MARKET PAVILION Request: The EDA is proposing a site plan for construction of the Farmers' Market Pavilion. The pavilion will be a covered structure constructed overthe sidewalk on the north and east sides of the public parking lot at the comer of Hassan Street and First Avenue. Construction of a permanent location for the Farmers Market was identified in the Downtown Master Plan as a recommended project to complement existing uses in the downtown. The pavilion would be • used for the Farmers' Market as well as other outdoor community events. A site plan and draft building drawings are attached. Additional details and plans are included in the attached staff report. 0 Planning Commission Meeting: The Planning Commission considered the site plan at their May 15, 2007, meeting. There were no residents who commented on the request. Miles Seppelt, EDA Director, provided background and discussed operations of the Farmers Market and potential uses for the pavilion. He stated that this project was included in the Downtown Master Plan and would open up parking on First Avenue. The final design of the pavilion is dependent on the bids received on various building alternates, however it would be designed to complement existing library square structures. After discussing the proposal, the Commission unanimously recommended approval, subject to the conditions stated. Recommendation: The Planning Commission unanimously recommends approval of the Site Plan with the recommendations and conditions stated in the attached resolution. lScGY � ;, ­�- - . 4- 7 7,�- _i." � ­ I 1'101'J_vr,,dCT0K`r*S SPORT PLANNING DEPARTMENT Tw Hutchinson Planning Commission Froill. Brad Emans, Dolf Moon, Dave Hunstad, it Seppelt, Brian Warzecha,, Jean NVard, Judy Flemnu'ng, Jobe Webster, John Olson, Lenny Rutledge,, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Mern'll Jim Popp, Dan Hatt n, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (I*n bold) Date: May 8, 2007, for May 15, 20:07, Planning Commission Meeting V Application: SITE PLAN FOR FARMER'S MARKE T PAVILION Applicant: Hutchinson Economic Development Authority (EDA) SITE PLAN Brief Description The EDA is proposing a site plan for comstruction of the Fanners' Market Pavihon. The pavil -ion will be a covered structure constructed over the sidewalk on the north and east sides of the public parking lot at the comer of Hassan Street and First Avenue. Construction of a permanent location for the Farmers Market was identified in the Downtown Master Plan as a recommended project to complement existing uses in the downtown. The pavilion would be used for the Fartners' Market as well as other outdoor community events. A site an anddraft bua'lding drawings are attached. The Pavilion structure would be loc -at ed. within the City right of way M' the location below: + rr IN M Site Plan Farmers' Market Pavilion Page 2 GENERAL INFORMATION • Existing Zoning: C3 (Central Commercial) Property Location: West of City Hall Existing Land Use: Sidewalk and parking lot area Adjacent Land Use And Zoning: Comprehensive Land Use Plan: Applicable Regulations: Analysis: Commercial Commercial Section 154.169 (City Code) Operations, Traffic Flow, and Parking: The Fanners Market operates every Wednesday afternoon and Saturday morning each week during the summer on First Avenue, which requires closure of First Avenue and the alley between First and Second Avenues during operation. Construction of the pavilion would provide an off - street location for operation of the Farmers Market allowing First Avenue to remain open during the Farmers Market and the street parking area to be utilized. Vendors would use the 18 parking spaces behind the Pavilion, as shown in the graphic below, allowing the 31 spaces along First Avenue to be utilized by the public. HASS an Street- MK.m 0 r i y¢ -mac. I R III lil�P9rl�vj � w n AcC. a_ _ >_ it r i y¢ -mac. I Site Plan Farmers' Market Pavilion Page 3 • Structure Design: The pavilion would be constructed with steel columns with brick and concrete accents and covered with a metal roof matching the band shell in Library Square. The final design of the structure will depend upon the construction bids received and whether the EDA can afford the bid alternative for various building options. The pavilion may be comprised of two or three structures, depending upon costs (refer to draft plans for details). The maximum height would be 20' to the top of the cupola. Staff will provide additional details and updated plans at the Commission meeting. Setbacks: In reviewing setbacks for the structure is should be stated that the pavilion is a unique structure that would be located within the public right of way and owned by the City. In this case, the typical application of setbacks would not be appropriate because of the location in the right of way and civic function. Typically buildings within the C -3 (Downtown Commercial) zoning district are allowed to be constructed with zero setbacks to the lot line. Recommendation: Staff recommends approval of the site plan to allow construction of the Farmers Market Pavilion, subject to the following requirement: • 1. If lighting is installed, it shall be shielded and may not produce glare on adjacent properties. 2. Ability to clear and plow snow shall be considered in the final design and height of the structure. 3. All utilities must be located prior to any excavation or construction on site. 4. Issuance of a Building permit is required prior to any construction on site. 5. No commercial signage shall be permitted on the structure. Non - commercial signage identifying the structure may be permitted, subject to meeting City sign regulations. Cc: Miles Seppelt, EDA �J 6 P r u • • city of Hutchinson Wold Architects and Engineers Farmers Market Pavdion May 09, 2007 Perspective North elevation va• • r -0• U V+ Co Isslon No. 0720,49 0 City of Hutchinson Wold Amhitwfa and Erne Farmers Market Pavilion May 09' 2007 1/16' • 1'q' C� 072049 r-j LJ E 9 �Dou-) Y) 4-o w n �Io y-�) FARMERS MARKET Reflections of community character are not limited to natural or historic assets or the range of shopping and entertainment venues available. In some cases, great character can be found in the most elemental of functions, where the blending of a communitys commercial, soda) and civic lives occurs. A farmers market can be such a place, where the event is as much about Interaction as produce, and where the focus is on direct commercial exchange with people who choose to bring their business to Hutchinson. The creation of an appropriate civic and social place for such an event, especially when it is already a part of downtown, is certainly warranted in support of the master plan. The definition of a location for a farmers market as a - singular activity would consume space that might be better directed to other purposes. The creation of a 0 A facility for the farmers market that might offer other AFarmers Market at the benefits for downtown is worth considering. The master Intersection of and Hassan Street plan proposes that the farmers market be located in complement ibry.SQrted ntnteprapofin the parking lot at the southeast comer of First Avenue civic core. Im rtandy, It allows and Hassan Street. The space includes market the ntownneMarket on a her pavilions lining the parking lot, defining the comer and permanent place In downtown. offering a "screen" to the parking area. The pavilions might reflect the character of the pavilion in Library Square, lending the sense of a special purpose related to both commercial and civic aspects of the community. Market vendors would park their vehicles in the parking lot, orienting their goods to views from the street. Market patrons would park on the street, and circulate past vendors under the cover of the pavilion. From the perspective of both vendor and patron, the shelter afforded by the pavilion enhances the experience of the market, but the pavilion itself lends a sense of permanence to the activity. Actions • Establishment of a permanent place for the activities of the farmers market in downtown, at a location and in a structure that supports the aesthetic goals of the master plan (and does not detract from historic or architectural resources of the community.) • Creation of a structure that affords vendors a viable location for selling produce and goods during the market and includes some degree of protection from the elements. • Development of a space that functions for activities beyond the farmers market and a pavilion that offers a sense of connection between Hassan Street and Main Street. • Use of the pavilions as an edge to the parking lot and a "screen" for parked cars. • Reflection of significant structures in the architecture of the pavilion, most notably the park structure in Library Square. CQCc)� • Provision of a market pavilion accommodating 18 vendors from the parking lot and additional vendors from the street. The detailing of brick, lighting and roofing materials of the Fanners Market pavilion are reffectNe of the pavilion In Ubrary Square. • Responsible parties The City of Hutchinson will need to take the lead in accomplishing the Farmers Market. Others may be involved in fund- raising or as volunteers in a construction effort. Affected parties The farmers market would be located on a public right -of -way. Parking may affect nearby businesses. The farmer's market vendors should be engaged to review the function and design of the new market pavilion Financing strategies There may be an opportunity to accomplish a significant portion of this initiative through donations of materials and volunteer labor. In the event that donated materials and labor cannot be used, costs might be assumed to range from $200,000 to $230,000. This estimate includes the costs for all three pavilion structures as well as costs associated with site improvements such as new walks, ornamental lighting, landscaping and site furniture. • cc-) 6 C Memorandwn To: Mayor and City Council From: Mary Haugen — PRCE Facilities and Operations Manager Dolf Moon — Director, PRCE Date: May 15th, 2007 Re: Burich Arena Cooling Tower Bid Award • We received three bids from qualified construction companies for the replacement of the two evaporative condensers at Burich Arena. The low bid received was from Gartner Refrigeration of Plymouth, MN. We have done business in the past with Gartner and are pleased with their work. The Capital Improvement Fund has $115,000. set aside for this project. We recommend that the council accept the low bid of $109,458. from Gartner Refrigeration and authorize execution of a construction agreement for completion of the project. • 1 ��NNESpt9 Minnesota Department of Transportation State Aid for Local Transportation • Mail Stop Ireland 4th Floor a 395 John Ireland Boulevazd Office Tel.: 651 366 -3822 St. Paul, MN 55155 -1899 Fax: 651 366 -3801 May 18, 2007 Kent Exner City Engineer Hutchinson City Center RECEIVED 111 Hassan Street SE MAY 2 12007 Hutchinson, MN 55350 -2522 City of Hutchinson SUBJECT: SP 133 - 090 -02, HPPH H144(001) Eng. Dept. Hutchinson trail Agency Agreement No. 91216 Dear Mr. EXNER: Attached are four copies of the agency agreement between the City of Hutchinson and Mn/DOT, which allows for Mn/DOT to act as the City's agent in accepting federal aid in connection with the above referenced project. By signing the attached AC agreement, you must be willing to accept the risk of covering the project's expenses until FHWA provides the obligation authority (spending authority) for each year's 20% allocation. Mn/DOT plans to do everything that it reasonably can to mitigate this risk. However, you must be willing to accept the risk that you may have to cover the project's expenses until FHWA • provides obligation authority for each year's 20% allocation through FFY 2009. • Also remember (as is specified in the AC agreement) that you will not receive obligation authority for 100% of the earmark amount listed in SAFETEA -LU. For example Congress provided 85.5% obligation authority in FFY 2005. At this time, it is estimated that at least 85% obligation authority will be received for each future year's allocation 2008 and 09. Please review and if approved, have all four copies signed. A City Council resolution similar to the example attached, must be passed. The certified resolution should then be placed as the last page in each of the four copies of the agreement. Please verify that the person/title authorized to sign as stated in the resolution, corresponds to the signature (person/title) on the signature page. Please return all four copies of the agreement to me for Mn /DOT signatures. A fully executed copy will be returned to you. If you have any questions, need any revisions, or cannot accept the risk of entering into this AC agreement, please contact me at 651.366.3822. Development Engineer cc: Tom Behm —DSAE File (Mn /DOT Agreement No. _li) N: \FedAid \Agreement \latest samples \133- 090 -002 BASE AC -HPP AGREEMENT TEMPLATE different fiscal year 07.doc 2/6/04 Page f �(e) • RESOLUTION NO. 13217 RESOLUTION APPROVING MN/DOT AGENCY AGREEMENT #91216 SP 133 - 090 -02, HPPH H144(001) SCHOOL ROAD PEDESTRIAN UNDERPASS BE IT RESOLVED, that pursuant to Minnesota Statute Section 161.36, the Commissioner of Transportation be appointed as Agent of the City of Hutchinson to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT RESOLVED, the Mayor and the City Administrator are hereby authorized and directed for and on behalf of the City of Hutchinson to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 91216 ", a copy of which said agreement was before the City Council and which is made a part hereof by reference. Adopted by the Hutchinson City Council this 22nd day of May, 2007. • City Administrator: Gary D Plotz • Mayor: Steven W Cook �0 (e) • RESOLUTION NO. 13217 RESOLUTION APPROVING MN/DOT AGENCY AGREEMENT #91216 SP 133 -090 -02, HPPH H144(001) SCHOOL ROAD PEDESTRIAN UNDERPASS BE IT RESOLVED, that pursuant to Minnesota Statute Section 161.36, the Commissioner of Transportation be appointed as Agent of the City of Hutchinson to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. • BE IT RESOLVED, the Mayor and the City Administrator are hereby authorized and directed for and on behalf of the City of Hutchinson to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 91216 ", a copy of which said agreement was before the City Council and which is made a part hereof by reference. Adopted by the Hutchinson City Council this 22nd day of May, 2007. Mayor: Steven W Cook City Administrator: Gary D Plotz STATE OF MINNESOTA COUNTY OF I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by the City of Hutchinson at a duly authorized meeting thereof held on the 22nd day of May, 2007, as shown by the minutes of said meeting in my possession. City Administrator: Gary D Plotz Notary Public: My Commission Expires: • (SEAL) & (e) Mn/DOT Agreement No. 91216 • STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF HUTCHINSON FOR FEDERAL PARTICIPATION IN ADVANCE CONSTRUCTION FOR S.P. 133 - 090 -02; M.P. HPPH H144(001) This agreement is entered into by and between CITY OF HUTCHINSON ("City) and the State of Minnesota acting through its Commissioner of Transportation ( "Mn/DOT "), Agency Agreement No. 84362 which has been executed between the City and Mn/DOT, appoints Mn/DOT as the City's agent to receive and disburse transportation related federal funds, and sets forth duties and responsibilities for letting, payment, and other procedures for a federally funded contract let by the City; and Pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as the • City's agent to accept and disburse federal funds for the construction, improvement, or enhancement of transportation financed in whole or in part by federal funds; and The City is proposing a federal aid project to construct a trail and underpass under TH 7 at School Road, hereinafter referred to as the "Project "; and The Project has been determined to be eligible for the expenditure of federal aid funds and is programmed in the approved federally approved STIP for the fiscal year 2007; and the project is identified in Mn/DOT records as State Project 133 - 090 -02, and in Federal Highway Administration ( "FHWA ") records as Minnesota Project HPPH H144(001); and The project has been named as an earmarked project in Section 1702 of the Federal Transportation bill, commonly known as SAFETEA -LU. The project is listed as number 1613 and was identified as receiving $800,000 in the bill; and FHWA procedures permit advance construction of eligible projects with non - federal funds, with the intent to request federal funding for the federally eligible costs in a subsequent federal fiscal year, when sufficient funding and obligation authority are available; and The City desires to temporarily provide City State Aid and/or other local funds in lieu of the federal funds so that the project may proceed. 0 (Mn /DOT Agreement No. N: \FedAid \A9reement \latest samples \133- 090 -002 BASE AC -HPP AGREEMENT TEMPLATE different fiscal year 07.doc 2/6/04 Page 3 Mn/DOT requires that the terms and conditions of this agency be set forth in an agreement. • THE PARTIES AGREE AS FOLLOWS: I. DUTIES OF THE CITY. A. The City will let a contract and construct the Project in accordance with Agency Agreement No. 84362. Payment provisions for federally eligible costs will be as stated herein. B. It is estimated that the total cost of the Project is $ 491,101 and that the anticipated federal funding will be at least $ 272,000 and at most $320,000. The remaining share will be paid by the City. C. Request for reimbursement of the federal aid share of the federally eligible costs will be made after work has commenced, once funding and obligation authority are available (subject to the Area Transportation Partnership ( "ATP ") policy). D. If the project is converted to federal funding before completion and final acceptance, requests for reimbursement will occur as partial estimates in accordance with Agency Agreement No. 84362. • E. The City will pay any part of the cost or expense of the Project that is not paid by federal funds. IL DUTIES OF Mn/DOT. A. Mn/DOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project and designation as an Advance Construction project. B. Mn/DOT will request the conversion of the Project to federal finding of eligible costs, on the following schedule within thirty days after the Annual Federal Appropriations bill is passed and Mn/DOT has received both the Apportionment and obligation authority. C. If more obligation authority is received in a year than currently estimated and FHWA guidelines allow, the additional amount will be added to the project; otherwise, the additional obligation authority may be used on another project within the language authorizing the project under SAFETEA -LU until the Obligation Authority is used or rescinded. The language of SAFETEA -LU states that $800,000 of High Priority funds is available for the project at up to twenty percent per year. After take downs the Estimated Obligation Authority available for federal fiscal year 2008 and 2009 is equal to at least $136,000 per year, and not more than $160,000 per year. (Mn /DOT Agreement No. 91216) G: \Improvement Projects \2007 \LO1 - P07 -01 - School Road Pedestrian Underpass \MNDOT \133 -090- 002 EASE AC -HPP AGREEMENT TEMPLATE different fiscal year 07.doc 2/6/09 Page 2 (0 • • D. At such time that the project is converted to federal funding and such funding is received by Mn/DOT, Mn/DOT will reimburse to the City the federal aid share of the federally eligible costs, previously provided by the City. Reimbursement for City State Aid funds used in lieu of federal funds, will be deposited in the City's State Aid Account. Reimbursement for other City funds used in lieu of federal funds will be forwarded to the City. III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have responsibility to administer this agreement and to ensure that all payments due to the other party are paid pursuant to the terms of this agreement. A. The City authorized representative is Kent Exner, City Engineer, Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN 55350 -2522, phone 320.234.4212, or his successor. B. Mn/DOT's authorized representative is Lynnette Roshell, Minnesota Department of Transportation, State Aid for Local Transportation, Mail Stop 500, St Paul, MN 55155, phone 651- 366 -3822, or her successor. IV. TORT LIABILITY. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs Mn/DOT liability. V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. VI. AMENDMENTS. Any amendments /supplements to this Agreement must be in writing and be executed by the same parties who executed the original agreement, or their successors in office. VII. TERM OF AGREEMENT. This agreement is be effective upon execution by the City and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and will remain in effect for five (5) years from the effective date or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs first. VIII. TERMINATION. This agreement may be terminated by the City or Mn/DOT at any time, with or without cause, upon ninety (90) days written notice to the other party. Such termination will not remove any unfulfilled financial obligations of the City as set forth in this Agreement. In the event of such a termination the City will be entitled to reimbursement for Mn/DOT- approved federally eligible expenses incurred for work satisfactorily performed on the Project to the date of termination subject to the terms of this agreement. (Mn /DOT Agreement No. 9121?) N: \FedAid \Agreement \latest samples \133- 090 -002 EASE AC -HPP AGREEMENT TEMPLATE different fiscal year 07.doc 2/6/04 Page 3 ��� IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed • intend to be bound thereby. CITY DEPARTMENT OF TRANSPORTATION • • City certifies that the appropriate person(s) have executed the contract on its behalf as required by applicable resolutions, ordinances, or charter provisions M Title: M Title: Title Director State Aid for Local Transportation Date: COMMISSIONER OF ADMINISTRATION M N: \FedAid \Agreement \latest samples \133- 090 -002 BASE AC -HPP fiscal year 07.doa 2/6/04 (Mn /DOT Agreement No. ._..1') AGREEMENT TEMPLATE different Page 4 �0 0 r_ TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Resolution for Mn/DOT Advanced Construction Agreement for School Road Pedestrian Underpass (Letting No. 1/Project No. 07 -01) DATE: May 22, 2007 As required by the Mn/DOT's Federal Aid project development process an Advanced Construction Agreement must be approved to finalize the Federal Aid distribution schedule to the City. Hopefully, with Mn/DOT's assistance, the final draft of this agreement will be provided at the Council meeting. Upon approving this agreement, the City will then be • able to advertise for bids with a project letting date anticipated in late June. We recommend that the provided Agreements be approved. cc: Gary Plotz, City Administrator (0 Ce-) RESOLUTION NO. 13207 RESOLUTION DECLARING COST TO BE ASSESSED AND . ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5084 LETTING NO. 51PROJECT NO. 07 -05 WHEREAS, cost has been determined for 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, Denver Avenue SW Median work at County Fair Marketplace entrance, School Road SW & Roberts Road SW Intersection — 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, trails, landscaping, restoration and appurtenances, and the bid price for such improvement is $319,939.85 and the expenses incurred or to be incurred in the making of such improvement amount to $76,785.56 so that the total cost of the improvement will be $396,725.41. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: • 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $253,060.12 and the portion of the cost to be assessed against benefited property owners is declared to be $143,665.29. • 2. Assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2008 and shall bear interest at the rate of _ percent per annum from November 1, 2007. 3. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 22nd day of May 2007. City Administrator Mayor � (-0 CoMPLED BY: Aw VEEN COMPUTED BY: ER ASSESSME LL NO. 5094 LETTING NO. &MMECT NO. 07 -06 Chub SISW, Rae Am SE,C St NE,KVy&1 WAV SWm. rendretyand Gralurn SlSW ROberb RdS WMlw.uy AVe 650, MNvakee AVe SW, YEwadee Aw SW hen 150' Wsel of Goebel St SW b GreNarn St SW, Oamx Ave SW 11eM wN Ceaay Fdr Yarkstplece eim�ce, Stlawl RpW SW & Ro Rd SW Lrbrwmai - M�vaway ra.s5YYS5m6 Wry Nr. oewwnhaYWadnaMmatrurtionaYLLVyemnn sewm8trccmwninporeme�, leers eaemuh, wdan remrtutlm, aedil5. e00.WDe ba, mwMS meuri, miaMe osb 6 punx, M�vu. NWmhm tve, Eilumwm wdrtp, ass otat a.tk ewtiiq.id pehnhp, WYS, IandecePM, reemmlim and eppatwiarces $24.09 COST T FOOT ECKEDBY: PVANDER VEEN NUMBEROFYEARS: 10 1ST HEARING 041102007 2ND HEARING OSPIMM7 W TERE:ST RATE ADOPTED: ACCT. N0. CITY PID DO. PROPERTY ADORIM NAME &ADDRESS OF PROPERTY DNMER LEGAL DESCIPIPTION ADDITION OR SUSUMM1DN FEET CRWI TOTAL FEET GENERAL 8711@7• DRANMI! ASGESSRONT DEFERRED ANENT AMOUNT TOTAL ACTNE MOMENT COUNTY MNO. 1 2 01- 116 -30- 060140 1117 Lee Ave SW 1113 Lea Ave SW Tenerca & Sandra Haas 1117 Lee Ave SW HNrhinsan MN 55350 Lary &Colleen Wapner 1113 Lea Ave SW HutMireon AW 55350 Lot 28 Block 3, Pon Addbdn Lot 29, Block 3, St Print Addition 118.10 700.00 18.61 99.48 100.00 $239671 $2,409.00 00 >m.m 5210&71 $2,409,DD 01- 116 - 30.060150 3 4 5 01- 11630 -CB -0160 1109 Lee Ave SW 384 Lamm St SW 1111 Lae Ave SW Orel A Tbo 1108 Lea Ave SW Hutchinson MN 553W Melba L Grietne 384 Larson St SW HNMinean MN 55350 Melba L Griede 384 Larson St SW t -kdc1n mon MN 55350 Lot 30, Block 3, Stoney Print Addoon Lot 9, Block 1, Carson's Second! Subd &w Treq G, R ietered Land No.6 100.00 114.00 ]3.82 M50 100.00 0.7.60 7].62 S2,409.W 52,252.42 $1 ]78.32 50.00 $2,409.00 $?,26242 $1 77&12 01- 116-30406 -0310 01- 116 -30-06 -0320 6 01- 11630 -06 -0'd90 404 Larson St SW Steven L & Joyce M BaRk. 404 Larson St SW Huchinson MN 553W Lot 1, Block 1, Peterson's SCnW Addillon 114.00 24.00 60.00 $2,168.10 $0.00 S 166.10 7 01- 11630 -08 -0380 1035 Roberts Rd SW Yids R & Carol J WaoOeide 1035 oc is 5SW 1035 Roberta Rd S W Lot 6, Block 1, Peterson's School Addtian 114.M 24.00 90.00 $2,168.10 $0,00 16&10 8 01- 11630.060390 435 St SW Donald P & Renate Rebi 435 Key St SW Hutch y St SW 55350 Lot 7 Block 1 Pete 's School Addition 85.35 66.16 056.08 , 066.06 1 9 01- 11830-060400 425 $f SW Alen & Wendy Be ma 425 Kay St SW Hutchinson MN 55350 Lot 8, Bock 1, Peterson'. School Addition 80.00 60.00 $1,92720 " $0.00 $1,521.20 10 01- 116 -30- 060410 415 St SW Bernard & Mary KerlMiet 415 KaY St SW Wchi man MN 55350 Lot 9, Blotic 1, Potarson's SCwol Addition 80.00 6&00 S1,927.M $O.W $1927.20 11 01- 11630 - 060420 405 Ky St SW Homer & Shfty W. 405 Key St SW HutChin,on MN 55350 Lot 10 Bork 1, Peterson's Scholl Addhlon WM 90.00 $2,168.10 $2,166.10 1 12 01- 11630-06-0.430 409 Key St SW Lww J SCMNm & Laa9 A Wang in 404 Key St SW HNrhrt MN 55350 Lot 1, Block 2. Petereais School Adiddion 90.00 90.00 1 $2168.10 166.10 13 01- 1163006-0440 414 Kay St SW Ved Laing 414 Kay St SW Huhhdrwon MN f53A Lott Block 2, Peterson's ScIod Addition 80.00 60.00 51,927.20 $0.. $1927.20 14 01- 11630 -060450 424 St SW Donald & Betty KUM 424 Key St SW 424 Kay St SW 55350 Lot 3 Block 2, Peterson's School Addslon woo 80.00 $1,827.20 $192720 1 15 01- 11630 - 000480 434 KWy St SW Rose M Jerome - 434 Kay St SW Hulcl Lhson MN 55350 Lot 4, Rock 2, Paterson'. B Addition 86.35 86.36 $2,0.%50 $0.00 $2,06&06 16 01- 116304)80470 jverronl. 444 St SW G Nowak 444 Kay St SW Ikrtchr MN 55350 Lot 5. Block 2, Peterson's School AddNOn 90.00 90.00 $2168.10 $DM 16&10 A R- BY: R VEEN PUTED 13Y ER AS-S ME LL NO. 6084 LETTING NO. ECT NO. 07 -05 Camlu 615, Rde AV SE.0 St NE KaI StSW, Lm Are SW b d�r mhy aria Gr p St SW lmrn RobwM1 Rd SW to MN ukee Ave SW, I.klnwYiae AV SW, MNw Aw SW horn 15P WW dCmbN SISW bGiMan StSW, Garver Are SJJ Abtllan xwk Cauny FeF ueM1eblxa entrav�, StlmlRaeE M& Rotor RESWIrPonemon- MrosTVay mhedNmtlmauMylydruhoren vuuNawns tryo awcuon dilated ebrm ewrray..m,.rn vnpaermrid, mad true• �+m +^�+�^. 6�^0. e9PWM woe, mnvem mma�, mroete orb a qwx. eiaewslr, Iw�.wue I�ae, cinmmue wnmig, ewI mm, oadk a N arN dat iN, truYa, b . �rbratian end epputneKan $24.09 COST ONT FOOT CHECIO:DBY: PVANDERVEEN NUMBEROFYEARS: 10 1ST HEARING 047102007 2ND HEARING 06M2/7007 INTEREST RATE: ADOPTED: ACCT. NO. CRY PD Na PR+DPEATY ADOFAU NAME A MORE OF PROPERTY OWNER LEGAL DIDICRIPllON ADORIONOlt SUODWBgN FEET CREW TOTAL FST GENERAL SIREFra DRAtlA03 ASSEp1EiT DEFHRF® ASSESSMENT AMOUNT TOTAL ACTWE AS R' COIMI'YPAlq. 17 01- 116 - 30-05-0520 405 Alen St SW Sheran M B Cher 405 Alen St SW � . MN 553.x0` Lot 10, Bbtic 2, Peterson's S l Amitim 113.58 23.58 90.00 $2,168.10 9 10&.10 18 01- 11630- 11 -029D 505 Kay St SW V. Stoma 505 Kay St SW Hubcru n MN 55350 LW 1, Mork 1, Rabad lid Addition 100.00 1 100.0 $2,409,00 $CAD $2,409.00 1 19 01- 116 -30-11 -0300 509 St Mark D Dads 509 Kay St SW Hutchlneon MN ` `'� Ld2 Block 1, Rcto e2nd Addbw 89.16 99.19 $2147.86 147.W 20 01- 116 - 30-11-0310 513 St SW Tmdhy G& Kay Mldcolidtak 513 Key St SW HutWirbon MN 55350 Lot 3, Block 1, Roberts 2nd Addhon 83.09 93.09 $2,001.64 $a00 001.6/ 1 21 01- 116.40 - 11-0320 517 Ky St SW D ki &Wlme E. 517 Kay St SW Hulrhhson MI 55350 Lot 4, Bbtic 1, Robmtn 2nd Addition 90.00 90.0 $2168.10 $O.OD szi6e.10 22 01- 11630-11-0390 521 St SW Daniel J & Sarah A SMM 521 Key St SW Ion On MN 55350 LW 5, Bkrk 1 1 Roberts 2nd Addition 68.00 80.011 $2,119.92 $2,119.92 23 01- 116 -30-11 -0340 525 St SW David &Amy !arson 525 Key St SIN Hutch -. MN 55350 Lot 6, MOCk1 Roberta 2nd Addition 80.00 8&00 $2.119.92 j2119.92 24 01- 11630-11-0350 529 Kay St SW MBgrry L 1644 e 529 Kay St SW Hutch. MN 55350 Lot 7, Mork 1, Roberts lid Addition 88.00 9&.00 $2,119.92 $0.00 SZ119.92 1 25 01- 11630-11-0360 1104 Roberta Rd SW Jahn & Sand. J Healy 1104 Roberta Rd SW Hutchinson AN 55350 Lot 1, Block 2 Roberta 2nd Addition 20112 35.99 163.13 $3,977.90 $3,97].98 26 01- 116 -30- 11-0380 512 Kay St SW Eil a MDCogn ck 512 Key St SW HudY 0i MN 55350 LA 3, Block 2 Roberts 2nd Addbm 89.77 89.77 52,162.56 $GAO szlitzw 27 01- 116 -30-11 -0390 518 St SW Melieae Petersen 516 Kay St SIN �ch'nson MN `5535() Lot 4, Bbdc 2, ROberte 2nd PdGlion 98.13 88.13 $2,123.05 $GAO 123.06 11 28 01- 116 - 3011-0400 520 Ka, St SW Wager & Sharon Radant 520 Kay St SW Hutch MN 55350 Lot 5, Block 2, Roberts 2nd Addition 88.00 6&00 $2119.92 $ 119.92 29 01- 116 -30- 11-0410 524 St SIN Allen & Sharon Lh 524 Key St SW Hutchham MN 55350 Ld6 Bdtic 2, Roberts 2ntl Atldlfdn BB.170 6&00 $2,11992 fZ110.92 30 01- 11630.11-0420 526 St SW Korey J & Lori Omkr 528 Kay St SW Huldtirgon MN 55350 Lot] 51" 2 Roberts 2nd Addition 88.00 9&00 $2,119.92 $M $Z119.92 1 1 31 01- 116 -30-11 -0500 1115 Goebel St SW Steven &Kd .Yo 1115 Goebel St SW HutU neon MN 55350 Roied eloPefat betee tlm PePeM. Lod 1 & 2, Mods 1, W Dave Plat 0,0D Q00 $0.00 $0.00 $0.00 32 01- 116 - 30-11-0520 6B5 Kay St SW Bnen 8 GS4snm Bm � 685 Kay St SW Hutcr,nson MN 55350 Py l !Mee eaa F."rty. Lot 1, Bloc 2 Wagner Devetopatent Corpora Plat 0.00 I 0.00 50.00 $0.00 LETTING NO 5M7-0SPAGE 2 OF 6 s COMRLED By: RVEEN PUTED BY: ER A33ESSME LL NO. Ni LETTING NO. ECT O. 07 -06 CA St SW Rao An SE CWk St NE key St SW, lea Ave SW In iMY aVaety aM annum St SW ham Robert, Rd SW W Mw m Ave SW, MWeukee Ave SW, lilwuW Aw SW hom 15V West of (iwm151 SW b Grehnn St SW, Denver Are SW Mean eoM CauVY Fak W hatpW,e aihvM;e, Sand Raatl SW & Romr4 RE SW Inbneton - M�aaaray nheb9lbYm&uMlty lMraWUCSro lnatal'amne t,7 rmWUrlon amxrslsmrtn ee,wr&haahma mpaenwm, !acre! wmertron, eurmce mdanhWm, O�V. aeurwale mse, . mean, asnaet, axe & Own, eitlewaYi, dbmxnous mss, IkEmivxu audaarg, eesl coat. vat» WaM pslavn0. naua Wempirp. reemraicn nm apprYVhrxaa COST NTFOOT CHECN33a BY: PVANDER VEEN NUMBEROFYEARS: 10 13T HEARING 04/10!2007 2ND HEARING 08/11/2007 INTEREST RATE: ADOPTED: .w ' AMf.MO -. ADblMB911 NAME L ADOREU OFPfK*WM OTh►19T9 t£OAL DesaFoniON ADDITION OR 86eUfVMIDN 1ll8'N Ciii TOTAL Fur 0111,41111111111. 3TREETa DRAMAO! A88E8B1m DUMFIRED A31laNB1T AMOUNT TOTAL ACTIVE A616tpBNT (r$1NG W 01- 116 - 30-08-0500 305 Charles St SW Joseph G Sc!I t 305 Charles St SW HWChlnaon MN 55350 Lot 1, Block 1, tenon Subdivision 90.00 90.00 $2,168.10 $OLD 112,168.10 34 01- 11630 -06-0540 315 Dale St SW WIIIem G& ArtlNIe PaWwn 315 Charles St SW Hutchinson MN 55350 Lot 2 Bbtic 1 Larson SILdIVI51IX1 60.00 $0.00 $1,92720 50.00 $1,92730 35 01- 116 - 30-06 -0550 325 Charlm St SW Gregory P & JanM F Ur can 325 CIwlea St SW HNchineon MN 55350 Lot 3, Block 1 Larson SubOivilum 80.00 80.00 $1,92720 311 $1,82720 w 01- 116 -30-08 -0580 335 Charles St SW Virgil& IAarb Aminy - Trust 335 Clrerles St SW HWcininson MN 553W Tract 85'x 46.5' of Lot 15, A AR. Plat NW 1/4 Section 01- 11630 80.00 $0.00 $1 927.20 $000 $1 82730 37 01- 116 - 301 345 Charles St SW Michael & Genelb Sdall 345 Charles St SW HLLChinm MN 55350 Lot 5, Block 1, Larson Subdivision 81.40 81.40 $1,960.83 SOHO $1,$$097 1 38 01- 11630-0F0.h80 1014 Linde Aw SW Geroge G Dceni 1014 Levis Ave SW HWWrpm MN 55350 Lott Block 2, Lenin Subavism 90.00 90.00 $2,168.10 $0.00 $ 1&&10 39 01- 116 -30 06-0.590 314 Charles St SW Ronan D & Angela D Bbendke 314 Charles St SW 314 Chem MN 55350 Lot 2, Bocc 2 Larson Subdivision 85.00 85.00 $2,047.65 047.$ 40 01- 11630 -06-0800 324 Charles St SW Ro id A & Mkhele Smdergaard 324 Chi St SW Hnfi Ifiri MN 55350 Lot 3, Block 2, Lawn Sundivieim 86.40 88.40 S2,081.38 $2,081.$$ 41 01- 116 - 30-060610 1017 Rae A. SW Neal E & S A Braun 1017 Rae Ave SW Hudiinson MN 55350 Lot 4, Block 2, Larson Subdvision 90.00 90.00 $2,168.10 SOHO $21&$.10 1 42 01- 11630 -06 -0620 1019 Rue As SW DorlaW L Eidi 1019 Rae Ave SW HWdhl- MN 553.`.4 Lot 5r Block 2, Lenin StEd ddcn 115,00 25.00 90.0 $2,168.10 SO.OD $2.188.10 43 01- 11630 -06 -0660 400 Lake St SW St Anastasia Chnrdh 460 Like, St SW HWChlnem MN 55350 Pert of Lot 16 &S395.79 of Lot 16 E%Trect 12.6- x 117.86 lying S'N of Lot 5, Block 1, Lanni S".sion, A k lan Plat of Part of N W 1/4 Section 01- 116 -30 Lying Soulh of Mill Pond 267.48 132.00 131 $326371 $$,203.71 44 01- 116 - 30-06 -0661 348 Charlene St SW Midha0l & Germi Schall 345 Chad. St SW 11"Inion MN 55350 Tract 12 8 x 117.89 of Lot 1612 Lying Sly ot Lot S. Mock Larson son Subdivision, A xR. Plat of Part of NW 1/4 Section 01- 116-30 Lying Sown aMill Pond 0.00 0.00 $0.00 ,. S0.0o $0.00 45 01- 116 - 30-10-1100 1005 MiMakae Aw sw Tina" C Pienl & Megan I Slmmam 1005 MlMahee Ave SW HWohinnei MN 55350 Lot 5, Bock 1, Malckel'e Addition 95.00 75.00 20.0 $481 So . . $481.00 46 Ot- 116 - 30-10 -1110 70013 a St SW Docc ran Schi o, do Jim Heikae 15873 F xy 71 Hulcvnon MN 55350 Lott r Block 2, Merit*efs Add4lm 89.49 89.49 0.00 $0.00 $0.00 47 01 -116 30 - 11-0011 500 Graham Sl SW Luella Taylor 500 GMam St SW HWc . MN 553`'0 E In of Lot 1, Block 1, Tarn & Country Estates 73.44 4.94 am 31 650.17 $1,$&0.17 48 01- 116-30 - 11-0020 510 Graham St SW Helen V Lepel 510 Graham St SW HWchm- MN 55350 N 112 of Lot 1 Block 1, Tow! & C"try Eefetee 36.50 38.50 $879.29 59ao $$79.]9 S MPILED Bv: vEEN COMPUTED Bv: ASSESSME LL NO. 6084 LETTING NO. ECT NO. 07 -05 G6 +rlaa SiSW, Raa Aw SE,CWk6i NE,Nry S15W,LU Aw 6W HiMiranEn[ yeMGiWarn 5i5Whom RroaM ROSWb YFwukee Aw9W, WNrcukea Ava!M MJwMlraa AwM bdnlWWeatdGaebal SlSWMG StSW,Dm Aw SWMeM Caumy FMr MC tp arNe S RO SN &RO RGSWIMavetJfon- Wmaawr mnabfe. eon 6 WK, lnhaaFUmae hYatlatlons ly mnmadmof lmnd mnn.& a aebrom mPOVamanb, IvMrvlwewne�n,wmcs rstlemamn 0s4r9a99mpero Ease, mnaete nwaan,mrcrw arb &,u ,,awaxslk lYYninous base. bibrtinow sM/eaM.sesloxt, axk YMM19 a pdchin, ems IanW pft, reaaamn vtl aPMarires $24.09 COST ONT FOOT CHECKED BY: P VANDER VEEN NUMBEROFYEARS: 10 1ST HEARING 04110/2007 2ND HEARING 0082/2007 INTEREST RATE: ADOPTED: ACCT. N0. 101"Mma PROIIERW +3DOR683 RAM &ADMEN OF PnOPenYIjiNIa1 uwloemxwqvw ADW7N317 t1YtSU3101vI910N FEET Cron SAL BIPETi GPM" ASSERSMENT DEFERRED ASSENSMENT AMOUNT I 'TOTAL ACT" ASAE89MENT rn 40. TOM FEET 49 01- 11630 - 11-0021 512 Graham St SW Gl rtm Rai. Etal 16936 FWy 15 Hutch- MN 55350 S 12 of Lot 2, Block 1, Town 8 Ca Estates 36.50 36.80 $87929 8000 $87919 50 01- 11630- 11-0030 520 Gmlre St SW G James & Card Chellln 520 Graham St SW Hu ottinsm MN 55350 N 12 of Lot 3, Block 1, Town 8 Estates 36.50 36.80 3879.29 SOHO. 987929 51 01- 1163011-0031 522 Graben St SW Filanene C Tupa 522 Graham St SW Hutchnson MN 55350 S 12 of Lot 3, Bbd 1, Town & Coun Estates 36.50 39.80 $879 29 woo 3879.29 52 01- 116 -30-11 -0040 530 Graham St SW Santlra J & Blmt Willlatman 530 Graham St SW Hutchinson MN 55350 N 12 of Lot 4, Bbd 1, Tam & Cau ntry Estate& 36.50 36.80 $879.29 fiLQQ 3879.29 53 01- 116 - 3011-0041 532 Graham St SW Rarrare Lease Grwhax 532 Graham St SW HWChir MN 55350 S 12 of Lot 4, Block 1, Tarn & C.My Estates 36.50 36.60 387929 $0.00 367918 54 01- 1163011-00.`0 540 Graham St SW R.1ol E & Hazel Carlmn 540 Graham St SW HWCNmon MN 55350 N 12 of Lot 5, Black 1, Tam & Gou Estates W50 39.80 $87929 $87929 55 01- 116 - 3011-0051 542 Graham St SW William Spriebr P 0 Bon 23 D"n MN 55324 5 12 of Lot 5, Block 1 Town & C Estates 36.50 ]6.60 3879.29 30.00 367918 56 01- 118 -30- 11-0060 550 Graham St SW Alvin& Declare Baum 550 Graham St SW Huldti- MN 55350 N 12 of Lot 6, Mock 1, Taws & C Estates 36.50 36.80 $879.29 WM $67929 57 01 -116- 3011-0061 552 Graham St SW Flkx n GjermsWSOn 552 Graben St SW �rhi. MN 55350 S 12 of Lot 6, Mod 1, Tam & Couuy Elates 36.50 36.30 $679.29 3879.29 58 0I- 116 - 3011-0070 560 Graham St SW EB l M Ogi Trust Tamrry SOBer Trustee 560 Graben St SW Hutchinwn MN 55350 - N 12 of Lot 7, Bloc 1, Town & Cpvy Eelelea 36.50 36.60 $979 29 367918 59 01- 118 -30- 11-0071 562 Graham 51 SW H.r & Ru SEllirgs 562 Gtaham St SW FMChi�on A0! ^i3` � S 12 of Lot 7, Mod 1, T. 8 Estates 38.50 36.60 $879.29 $67919 60 01- 116 - 30-11-0087 505 Graham St SW Lloyd A & Norma M Mattson 5W Graham St SW W 12 of Lot 1, Block 2, Town 8 Ea m 74.09 6.59 67.$0 $1,626.08 - 1 $1,62&08 '� 38 1 61 01- 116 - 30- 11-0090 515 Graben St SW Rkti, d Whoa 575 Graben St SW Hulrhlnsm MN `�"� N 12 of Lot 2 Block 2 Town & Estates 37.05 ]7.06 fB92.53 - $JWL 3 62 01- 116 - 3011 -0091 517 Graham St SW Lome M Ew 517 Grah nSl SW HutMa MN 553W S 12 of Lot 2, Bbd 2, Town & Comity Estates 37.05 37.06 $89253 388283 63 01- 116 - 3011 -0100 525 Gretlem St SW M n E & Delores Mu 525 Graham St SW Hu Mh MN 55350 N 12 of Lot 3, Block 2, Tam 8 CoLrrhy Es m 37.05 37.06 $892.53 $892$] zrW:UTr-- 01- 1103011 -0101 527 Graham St SW lHutzh.MN Delmee M M 527 Grffiam St SW 55350 S 12 of Lot 3, Bbd 2, Twn & Can b y Estates 37.05 37.06 M. 36826] SA- 5064 /cO06 LETTING NO. 5107-0 AGE 4 OF 6 G, COMPILED BY: RvEEN coMPUTEO BY: ER A33E88$AE LL NO. 6084 LETTING N0. ECT NO. 07-06 CKM. StaW, ROe Aw6E,Crdc 51NE,Kry S15W,WAw SW inrevendey alb GMrn StSW ham RCEXr RE SWb Nirxakw Aw aW,4MVUFea AwSW, MiMuWAro 5W M1vm 150' WM IN GasW Sl SW b Gtahwn a1 SW, O.nwr Aro 5W 1leden wdk County Fai kladre�l.m erMmn, Sr1wd RoeO SW a RaMns RE SW InbrvatLOn - givaM.vy reh4W8a4onaumrybfr .ww4sinwMliamgcanmuc5m dweral amrm ww.raliwtm.relmPlpVOmOrd., mrialwsrnn.ln, wdece rsc4rriatian, Widn eeanam Woe, mnaer meun,mrcs.r auo a A., ade laWml.. b..., blbmnou. arrdnp, Baal waL aed ee.rq antl patdvig, trae., leri4vapng, mbr.esn orb appurlen.nou $24.09 00.57 ONT FOOT CHECKED BY: P VANDER VEEN NUMBEROFYEARS: 10 18T HEARING 04MO12007 2ND HEARING 06112/4007 INTEREST RATE: ADOPTED: ACCT. NO. ' pDNO. ' PROPeetr A0110,1390 NAME &ADDRIM OFPP%)P0 T 0VAW LEGAL CEACIMPTION ADDITION OR SAMI SION TOTAL OENIIIIAL STRi DRAINAGE WIERRED ASSeSS1®IT AMOUNT TOTAL ACTIV! ASSMINE TT COIMRYfDNO. 65 01- 11630 -11 -0110 535 Graham St SW Eldred C Anderson 535 Graham St SW Hultldrman MN � N 12 of Lot 4 Block 2, Town & Cou ntry Estates 37.05 37.05 5682.53 *10 - $M53 66 01- 116-30.11 -0111 53] Grehern St SW Bevil &Alice Bell 537 Graham St SW Hulohinson MN 55350 S 12 of Lot 4, Block 2, Tam 8 Estates 37.05 37.05 $682.53 $ 028I 67 01- 116 -30-11 -0120 545 Graham St SW JuIan B Marilyn Denler 545 Graham St SW KAch- MN `55350 N 12 of Lot 5, Block 2, Town 8 Estates 37.05 37.% $892.53 am $$8263 60 01- 116 -30-11 -0121 547 Graham St SW Derrell B Ardeana$ulnarfeld 547 Graham St SW Hutchlneon MN 55350 S 12 of Lot 5, Bbdc 2 Tovm 8 Estates 37.05 37.% $692.53 $88263 69 01- 116 -30-11 -0130 555 Graham St SW Nice L K&Jman 555 Graham St SW Hutokrman MN 55350 Lot h EX E72.97, Bbrh 2, Tam 8 Courft Estates 6208 . 6205 $1 495.51 $am f1 486.61 70 D1 -11 6-30-1 1 -0l 311 1 D07 MIhwaJCee A" ISW Francis E Mott Lve Tr 1007 MMaukee Ave SW HutCvnson MN 55350 E72.97of Lot 6, Block 2, T.& C.Lintry Eatat" 72.92 7282 $1,756.64 $GAO $1766.84 77 01- 116 - 30-11 -0140 1000 a0hweukee A. SW State of M nni - In Trust - Culot A Tam B Cou Estates 0.00 0.00 $0.00 50.0 72 01-116-30-110460 601 Graham St SW Robert SlevesOn 4695 AJ Slohr RE Forest Ranh CA 95942 Lot 1, Block 2, Still HOMt Addition 133.00 5/.04 70.% $1,828.66 j1,628A6 73 01- 116 -3D- 11-0480 586 Graham St SW Harlow C & Ruth C Wimp Trust 564 Graham St SW Hutchinson MN 55350 Ou A. Slilli Hoeg Addition 7.00 7.00 $1BB.63 11160.63 74 31- 111 - 2 9-04 0 7 9 0 1535th A. HE Washy D B Hariet Andsrsan 153 5th Ave HE Hutchhaon MN 55350 Lots 6 -7-8, Bn 's Pddtion 188.00 05.]4 10226 $2,463.44 463." 75 31- 117 -29-09 -0800 535 Clerk St HE Tarry & Faith Chralensen 535 Clerk St HE lk4dtheon MN 5.r3` 50 Lot 9, BrWs Atl010on 6600 66.% $1589.94 $1,686.W 76 31- 117 - 29-09-0910 545 Clerk St HE Rulh Bah 545 Clark St HE HWdlftson MN 55350 Lot 10, Bri 's Addition 66.W 88.00 $1 LIM $I M." 77 31- 117 - 29-09-0820 5" Clark St NE Dorothy CMstensen 544 Clark St HE HuttYwaOn MN 55350 LW 1, B 's Re of Lot 10, Block 4, North Half City III $1,589.41 $1 686.84 78 31 -117 - 29-090630 S34 Clark St NE Michel G Mielke 534 Clerk St HE H 4 Clark Ail 55350 Lot 2 B 's R of Lot 10, Block 4, North Half C' 8&w 50.00 $1,58994 $1.W9.94 79 31 -117 - 29-09-0840 524 Gark St HE Uriel P &Mary Garda 524 Clarks St HE Hutdcnson MN 5535D Lot 3 EX S1 V Br- s Rwr of Lot 10, Block 4, North Ha6 City 53.00 $1,32495 $1,$24.86 60 31- 117 - 28-09-0&`. 514 Clerk St HE Nancy Jaryenaon 514 Clark St NE Hetchlraon MN 55350 S11' ot Lot 3 8 N44' of Lot 4, Brigg's Reenenperrant of Lot 10, Block 4, NoN Hall City 55.00 55.0 $1,324.95 $0.0 $1 3bLW I-ETTING NO. SI07-0 AGE 5 OF 6 PILED BY: VEEN PUTED BY: R ASSESSME LL NO. 6064 LETTING NO. ELT NO. 07 -06 CIWee StSW, Roe Ave SE, Cterk St NE lrry StS , tea Ave SW in teirei ad(Laham StSWknrn RO Rd SWb MIIw Aw iM, Ml kee Aw SW, 1141 ewAw SW fmm 150'Wee M0oet,a StSW bGreMnStSW, Denver Aw 5W kletlon xwk Onrarb Far Merknoikdarharrm,S Road SW &Rot,eraRtlSWIntairseylon- Irymedwry raMt,iwem &wiry.maarnm.eineaNemrvWmn.vamw al.enlmam .seer &seaerary trpmvmnnt,, moral saN+rnan. surlen r.e.mrmn, gna-g, aggregate mee,.twee rani conies art, & Bmer, a W, NWmYwa mae, Numinous a rcn, wed maL wkeeeLN arbpmonlrg, haa, brknq ,restand aM erpudsna. f24.09 C097 ONT FOOT NECKED BY: PVANDER VEEN NUMBEROFYEARS: 10 1ST HEARING 041 2ND HEARING W1 Z0007 INTEREST RATE ADOPTED: ACCT. NO. FJD mck PROPERTY ADOI�AB MA$M A ADDRM OF PROPERTY iR$NC21 LEGAi 0001 c11 PIT1ON AbdTgNORAIWOIVWICN PEST `:. TOTAL FEET GENERAL aTiu3r l DRAS$AGE JUMIE SNBR ' T07A1. ACTT ASSESSMENT ei DEFERRED AOSES MENT I AMOUNT 81 31 -117- 284)9 -OB60 1495th Ave HE Damel J & Dean Bnrienan 149 5th Ave HE HNWnson MN 55350 Lot 4 11 & Lot 5, Brigg'e Rearrangenrem of Lot 10, Block 4, NOrllt Heft City 88.00 88.00 0.00 $0.00 $0.00 {0.00 B2 31- 117 - 29-09-0870 555 Clerk St NE Sherry L Bethke 11037 Hwy 15 Bromtm MN 55312 Lot B, Block 1, Millers First AddMm 66.00 88.00 $1,589.99 $+ 689.89 83 31- 117 -29-09 -0880 565 Clerk St HE David L & I-di M Hama 585 Clerk St HE Hutrhirrem IAN 553.50 Lot ] Block 1, Millers First Addidm 66.00 li $1,58994 $1,5611.94 84 31 -117 - 2909-0890 575 Clerk St HE Alice Rath 575 Clark St NE Hulalvnsm MN 55350 Lot 8, Block 1, Millers First AcklMw 66.00 86.00 $1,589.94 $11689.94 BS 31 -117 - 29-09-0900 585 Clerk St HE Joseph A & Dame J Provandrer 588 Clark St HE HWd1lnsOn MN 55350 Lot 9, Block 1, Millers Feet Addition 86.00 66.00 $1 599.94 $GAO Si 668.89 B6 31- 117 - 2008 -0810 595 Clerk St NE Tnmlea E Setoorteld 595 Lark St HE Hulchnsm MN 55350 Lot 10, Block 1, Where Fired A ldeion 68.00 66.00 $1,509.94 $0.00 $1 on" 87 31- 117 - 28-09-0820 596 Clerk St HE Secretary of Veienrrs Affairs i Federal Or, Fart Snallirig St Paul MN 55111-4050 Lot 1 1 Block 2. Millers First A6]idm 66.00 81 $1,589.94 $+,6611.94 88 31 -117 -29-09 -0930 584 Clark St NE Rovame M HWbertt 584 Clerk St NE Hutcli roson MIN 55350 Lot 2 Block 2, Millers Fired Ad+lSm 66.00 li $1,589.94 $0.00 $1,689.84 89 31 -117- 28-09 -0940 574 Clark St HE Kel ly Zodel 574 Clerk St NE Hutchirmon W LN 3 Bork 2, Millen First Addition 66.00 66.00 $1,589.99 Sm $1 689.94 90 31 -117 - 29-08 -0950 569 Clerk St HE Eugene & LiMa WledercoN 564 Clark St HE Hutchirean MN 55350 Lao Bbdk 2, Milers Fuss Aciditim 66 DD 89.00 $1,589.94 $1,669.94 91 31 -117- 29- 09-OWO 554 Clerk St HE Varrwn & Ruth Hagen 554 Clerk St HE HWchewm MH 55350 Lot s Block 2, 1 First M0i0on 86.00 66.00 $1,589.99 $p.00 $1,689.94 TOTAL ASSESSMENT ROLL NO. 5084 6&e9.n 720.46 591 $143ee6.29 $oao $143,11U.29 SA- 50842006 LETTING NO W7-051PAGE 6 OF 6 RESOLUTION NO. 13208 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT • ASSESSMENT ROLL NO. 5084 LETTING NO. &PROJECT NO. 07 -05 WHEREAS, by a resolution passed by the Council on the 22nd day of May 2007, the City Engineer was directed to prepare a proposed assessment of the cost of improving: 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, Denver Avenue SW Median work at County Fair Marketplace entrance, School Road SW & Roberts Road SW Intersection — 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, trails, landscaping, restoration and appurtenances. WHEREAS, the City Engineer has notified the Council that such proposed assessment has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: • 1. A hearing shall be held on the 12th day of June 2007, in the Council Chambers at Hutchinson City Center at 6:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunityto be heard with reference to such assessment. • 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by November 15th, 2007. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 22nd day of May 2007. City Administrator Mayor Vf) Minnesota Lawful Gambling COPY =' (LG200R) Lawful Gambling License Renewal Application Corrections should be made directly on this application ........... . . ...! Submit one check for all renewal fees, payable to State of Minnesota nization requirements: Current license term: 10/1/2005 to 9/30/2007 1. An annual organization license fee of $350 Is required. Renewing license term: 10/1/2007 to 9/30/2009 Authorization: 125 F ceea uw rw i s�r Organization: VFW Post 906 orvanwow quawies for 844 Merrill St, Hutchinson, MN 55350 County: McLeod organuauon ike the defined in MN 9WWW CEO: Daniel Ray Smith L _3±9.16 sr bd_6 __ j 536 Grove St SW, Hutchinson, MN 55350 (651)368 -8804 Treasurer: Martin I Barnes 22375 Tagus Ave, Hutchinson, MN 55350 (320)587 -5728 Annual Goal for Charitable Contributions a Gambling Manager Requirements: 1. An annual gambling manager license fee of $100 is required. Gambling Manager Authorization: GM -00125 -001 Cur'r'ent License Term: 10/1/2005to 913012007 Renewing license term: 10 /1 /2007to 9/30/2009 David Lawrence Neubatth The NdN6dual listed is not renewing their license. We have enclosed a LG212 844 Merrill St, Hutchinsonh, MN 55350 aeon for th new scant. (320)587 7109 Bond: # H86A812525 NOW: The gambling manager duties may not be assumed by an Company: Westport khdlvkluai until they are licensed by the Mi riesota Gambling control Board. I Gambling Manager Af idavlt and Consent Statement I 1. I have never been convicted of a feiony or a crime Involving gambling. 4I have never committed a violation of law or Board rule t resulted in the revocation of a license issued by the Board within five years before the date of the license application. 3. I have never been convicted of a criminal violation involving fraud, theft, tax evasion, misrepresentation, or gambling. 4. I have never been convicted of (i) assault, (Ii) a criminal violation Involving the use of a firearm, or (Iii) making terroristic threats. 5. I have never been, or am I now, connected with or engaged in an illegal business. 6. I have never had a sales and use tax permit revoked by the commissioner of revenue within the past two years. 7. I have never, after demand, failed to file tax returns required by the commissioner of revenue. 8. I do not owe $5W or more in delinquent taxes as defined in section 270.72. 9. I have been an active member of the organization for at least two years at the time of our organization's initial license application, or have been an active member for at least the most recent six months prior to the effective date of our organization's license renewal. 10. I am not a gambling manager or an assistant gambling manager for another organization. 11. I am not a lessor, a member of the lessor's Immediate family or a person residing In the same household as the lessor, or an employee of a lessor of a premises where this organization has a permit issued from the Board to conduct •wful gambling. 12. I am not involved directly or indirectly as a bingo hall owner, manufacturer. or distributor. 13. I am not the chief executive officer of this organization. 14. I am not the treasurer of this organization. 15. I was not an officer of an organization at a time when an offense occurred which caused that organization's license to be revoked. Background Check. By signature of this document, the undersigned authorizes the Departments of Public Safety and Revenue to conduct a criminal and tax background check or review and to share the results with the Gambling Control Board. Further, I understand, agree, and hereby Irrevocably consent that suits and actions relating to the subject matter of this gambling manager license appiimtlon, or acts or omissions arising from such application, may be commenced against me or my organization and I will accept the service of process in any court of competent jurisdiction in Minnesota by service on the Minnesota Secretary of State of any summons, process, or pleading authorized by the laws of Minnesota. Failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. Changes In the information submitted in this application will be submitted in writing no later than 10 days after the change has taken effect. I have r this application and declare that all Information subm is e, aoc rate, d omplete Signature, in ink 6f gambling manager applicant Date: Y /se/67 0(h) License Number: 125 License Expiration: 9/30/2007 I Chief Executive OfRcees Acknowledgement and •I dedare that: I have read this application and all information submitted to the Board. All information Is b'ue, accurate and complete. All other requited Information has been fully disclosed. I am the chief executive officer of the organization. I assume full responsibility for the fair and lawful operation of all gambling acdvitles to be conducted. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, Including amendments to them. I off" that the gambling manager is bonded and Ikensed as required per Minnesota Statutes. I understand that failure to provide required Information or providing false or misleading information may result in der4al or revocation of the license. A terminaWn plan will be submitted to the Board within 30 days of termination of our gambling operation. Mail complete renewal application (all pages), and one Check made payable to the State of Minnesota for all renewal fees by: 8/1/2007 Licensing Contact: Deb Lewis • Email: deb.lewis@gcb.state.mn.us Phone: (651)639 -4077 Fax #: (651) 639 -4032 I have read this application and declare that all infuxfruatlon s fitted Is true, accurate and complete. Sig In Ink, r Date: to: Gambling Control Board 1711 W Co Rd B #300 S Roseville, MN 55113 .. ..........................._ The Information requested on this form (and any attachments) will be used by the Gambling control Board (Board) to determine your grsNfiratlorks to be Involved In lawful gamdkhg acttvldes In Minnesota, and to assist the Board in conducting a background investigation of you. You have the right to refuse to supply the inforrrratlon mod; however, If you refuse to supply this Information, the Board may not be able to determine your qualifications and, as a acrsequenoe, may refuse to Issue you a license. If you su oy the fMormati n requested, the Board will be able to process your appkabon. Your name and address oil be public Information when received by the Board. All the other Information that You provide will be private data a bout you until the Board Issues your icerse wr(ren the Board Issues your license, all of the kforrnadon that you have provided to the Board In the process of ap*ftV for your license will became public except for your Social Secuity number, which remains private. If the Board does not issue You a license, all Information you have provided in the process of applying for a Ikrnse remains private, with the exception of your name and address which will remain public . Private data about you are available only to the following: Board members, Board staff whose work assignment requuires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota ComxNssimers of Administration, Finance, and Revenue; the Minnsota Legislative Auditor, national and Inbernatlorml gambling regulatory agencies; Nryone pursuant to court order; other individuals and agencies that are specifically auttonzed by state or federal paw to have access to the Information; Individuals and agencies for which paw or legal order authorizes a new use or sharing of Information after this Notice was given; and anyone with your written consent. • HO License Number: 125 License Expiration: 9/30/2007 Premises permit requirements: 1. An annual premises permit fee of $150, 2. A separate resolution of approval Including the site address from the local unit of government, (The local unit of government does not sign this renewal application) and 3. A LG215 lease agreement for each site your organization does not own is required. Site number 002 axKk this box if this site has been cliSCOnftied or vdp not be renewed.�� VFW Post 906 844 Merrill St, Hutchinson, MN 55350 McLeod County L-- ->rownship of (if app ode) Gambling account 068881 Organization owns this site: Y Citizen Bank Does your organization conduct bingo at this &/ N 102 Main St S, Hutchinson, MN 55350 Is the local resolution of a z approval attached. N If yes, the attach a Hst of the days and tiegirrdng times of your bingo activines: • • to (n) CITY OF HUTCHINSON HOUSING REHABILITATION REVOLVING LOAN FUND PROCEDURAL GUIDELINES The City of Hutchinson through the rehabilitation revolving loan fund will provide assistance to eligible applicants for the rehabilitation of properties located within the City of Hutchinson. The goal of the City of Hutchinson's Housing Rehabilitation Program is to improve living conditions, upgrade and maintain the housing stock and to improve neighborhoods. Loans are available to homes in Hutchinson as leverage to SCDP, CFUF, FUF, and MHFA Rehab Loan with an option to give an emergency loan on a case -by -case basis. The methods of program distribution and eligibility criteria are incorporated in this procedural guide. No person or business will he denied participation in the rehabilitation program due to their race, color, creed, religion, national origin, sex, marital status, reliance on public assistance, age, disability, or familial status. The Hutchinson Housing and Redevelopment Authority, on behalf of the City of Hutchinson, has been appointed Project Administrator. PROGRAM OBJECTIVES 1. FEDERAL OBJECTIVE: The primary objective is to provide financial assistance to low to moderate - income individuals who reside in the target area whose homes are in need of rehabilitation. 2. SECONDARY IMPACTS: Secondary impact is to encourage the preservation of housing and to improve the Expanded Franklin Grove Neighborhood. • PROGRAM ADMINISTRATION 1. GENERAL ADMINISTRATOR: The City of Hutchinson is contracting with the Hutchinson Housing & Redevelopment Authority (HRA). The Hutchinson HRA is responsible for all phases of the administration of this Small Cities Development single purpose program. The City of Hutchinson will be the Fiscal Agent and responsible for all financial and progress reports. The Hutchinson HRA will have principle responsibility for completion of the Environmental Assessment and development/submission of all required policies and procedures prior to commencement of program delivery. 2. FIELD ADMINISTRATOR: The Hutchinson HRA will be providing the field administration services. The Hutchinson HRA is responsible overall for program delivery including: determination of household eligibility, application completion and loan approval, and rehab loan administration. The Hutchinson HRA has a contract with Mid - Minnesota Development Commission for HQS inspection services, work write -ups, lead assessments, rehab project interim and final inspections, and lead clearance tests. 3. FEDERAL COMPLIANCE: The City and the Hutchinson HRA will share responsibility to comply with Federal Regulations regarding the implementation and administration of this Small Cities Development Project. 4. DATA PRIVACY: Information on program Applicants shall be gathered and released in accordance with the Minnesota Data Practices Act. All information including names, addresses, and the amount of assistance received are considered public data under the Minnesota Data Practices Act. Any other information provided to the program is . considered private data. Private data may be released to the following agencies or organizations: City Council of Hutchinson, City of Hutchinson auditors, the Hutchinson U(,) HRA, Minnesota Housing Finance Agency, Rural Development, SWMNHSP,1ending Institutions and other matching fund agencies', DEED, and HUD. Private data cannot be released to !anyone else,unless a consent form is completed granting permission. 5. EVIDENCE OF FRAUD: Any administering party participating in the Program shall refer evidence of fraud, misrepresentation, collusion or other misconduct on the part of the Applicant or contractors in connection with the operation of the Program to the State of Minnesota Attorney General for investigation and possible legal action. CONFLICT OF INTEREST 1. GENERAL CONDITIONS: No member of the governing body of the locality and no official, employee, or agent of the local government, nor the Hutchinson HRA, who exercises policy decision - making function or responsibilities in connection with the planning and implementation of the program shall directly or indirectly benefit from this program with the following exception: The authority may make a grant or loan from these funds to a public officer of the authority who applies, if the public officer first discloses, as part of the official minutes of a meeting of the authority, that the public officer has applied for the funds and the public officer abstains from voting on the public officer's application. This prohibition shall continue for one year after an individual's relationship with the Local Government or the Hutchinson HRA ceases. Specific prohibitions are as follows: a. Program Participation: No member of the governing body of the locality, no official, employee, or agent of the local unit of government or the Hutchinson • HRA, as defined above, shall accrue direct or indirect program benefits. b. Contractual Relationships: No member of the governing body of the locality, no official, employee, or agent of the local unit of government or the Hutchinson HRA, as defined above, shall obtain direct or indirect interest in any contract, subcontract, or agreement in any activity in this program that provides financial compensation for services. C. Prohibition Extensions: This prohibition extends to contracts or direct benefits in which a spouse, minor child or business partner may have personal or financial interest. 2. DETERMINATION OF CONFLICT OF INTEREST: When questions arise or a situation is unclear an initial Opinion of Conflict of Interest shall be sought from the City Attorney. That Attorney's Opinion will outline areas that the situation is within or outside applicable Federal Regulations 24 CFR 570, Uniform Administration Requirements and State Statutes 412.311 or 471 -87 through 471.89. The Attorney's Opinion shall be forwarded to DEED Staff, and at DEED's discretion, shall be forwarded to the Minnesota Attorney General for the State's Legal Opinion. ELIGIBLE PROPERTIES Revolving Rehab loan funds will be used to improve properties that meet the following criteria: • A. The property must be located within the City of Hutchinson. 2 / B. The property must be a homeowner occupied residential structure. . C. Owner Occupied Duplex Housing: Where SCDP funds are granted for rehabilitation of owner occupied duplex units, funds may only be used for: 1. Rehabilitation of the structural components of the dwelling 2. The internal components of the Owner Occupied portion of the dwelling Funds may not be used for the internal components of the non -owner occupied rental unit of the duplex. If the rental unit is in need of rehabilitation, the owner will be referred to the MHFA HOME Rental Rehabilitation Program or the MHFA 6% Rental Rehabilitation Loan Program. D. The property to be improved must be a permanent structure. E. The property to be rehabilitated must be considered suitable for rehab under local definition. No property deemed to be not suitable may be rehabilitated with SCDP funds. Rehabilitation is not remodeling. Remodeling is for convenience or cosmetic purposes. Rehabilitation deals with, in order of priority: (1) health issues and safety issues, including identified lead hazards; and (2) energy conservation, as well as certain long -term preservation of structures such as • siding, roofs and foundations. \J Certain types of rehabilitation can be viewed as lack of maintenance or deferred maintenance. Other types of rehabilitation needs can be viewed as items that wear out or need replacements because of obsolescence. Rehabilitable Building: A building is suitable for rehabilitation when it is structurally sound. To be rehabilitable, a building should be vertically plumb within three degrees and shall have no significant rot on the majority of the floor joists, studs or rafters that are weight bearing. Foundations and basement walls shall not be deteriorated to the extent or so out of alignment that they do not adequately support the building and can not be corrected without complete replacement. Any proposed rehab /modifications to a pre - manufactured home Will need prior approval by the manufacturer. Generally, if the improvement costs for a structure are 50% more than the County Assessor's Office market value, the dwelling may be deemed not suitable for rehabilitation. An unsuitable unit is a substandard unit with serious defects and is not able to meet a majority of local standards and rehabilitation is neither practical nor economically feasible. 3 to (I The City/IIRA would be placing the following two restrictions as to the use of SCDP funds: Is 1. Maximum SCDP funding per property is $25,000. 2. The structure, of course, would have to be suitable for rehabilitation. • F. The property must be occupied by low /moderate income households as defined herein. G. Property that is rehabilitated under this program will meet HQS as a minimum standard. Rehab work will also need to meet the current State Building Code adoptec'bythe City of Hutchinson. H. No property located within a floodplain will be rehabilitated under this program. I. No property may receive SCDP rehabilitation project funds if the property has real estate taxes due and payable. J. No property may receive SCDP rehabilitation project funds unless the home is insured. ELIGIBLE IMPROVEMENTS Improvements made with SCDP funds shall satisfy the following requirements: A. Health and safety needs and concerns within the housing units to be rehabilitated will always be considered the top priority for funding using SCDP funds. B. Each improvement must be a permanent general improvement. Permanent general improvements shall include alteration, renovation or repairs upon and in connection with existing structures, which correct defects and deficiencies in the property affecting directly the safety, habitability, energy consumption, or aesthetics of the property. C. Upon completion of the improvements, the structure must comply with the requirements of the current State Building Code adopted by the City of Hutchinson and HUD Section 8 Housing Quality Standards. D. If the structure has been determined historically significant by the Minnesota Historical Society, plans for exterior improvements to the structure must be reviewed and commented on by the Minnesota Historical Society. Buildings participating in the program and constructed 50 years prior to the current calendar year will be evaluated in accordance with the guidelines received from the Minnesota Historical Society. E. Each improvement must be made in compliance with all applicable health, fire prevention, and building codes, provided, however, that no application shall be denied solely because the improvement will not bring such property into full compliance with these codes. 4 V(! F. No Revolving Rehab loan funds shall be used in whole or in part for the purpose of refinancing or paying off an existing indebtedness. All such funds must be used to finance • improvements begun after program application. Other Eligible Project Costs Homes built prioT to 1978 are required to have a lead hazard risk assessment; this cost may be an eligible project cost if not charged as project administration. Lead clearance costs may also be an eligible project expense. INELIGIBLE COSTS The following list of items is examples of what can not be funded with Revolving Rehab loan funds as part of the rehabilitation program. Ineligible improvements include, but are not limited to: 1. Air conditioning; except if verified by a physician ordered for a medical condition. • Central, new installation. • Room air conditioning. 2. Landscaping. 3. Fireplaces. 4. New construction. 5. Wind generation devices. 6. Window/Door coverings: blinds, curtains, drapes, shades. 7. Out buildings, including sheds, utility buildings, barns, silos, new garages, etc. 8. Wood burning stoves. 9. Heat systems located outside the living space of the structure. 10. Recreational or entertainment facilities including swimming pools, tennis courts, saunas, decks and patios. 11. Assessments for public improvements. 12. Improvements begun prior to approval of the program application. 13. Upgrades to specifications above standard grade for rehabilitation. 14. Appliances 15. Other items deemed not appropriate to the program. ELIGIBLE RECIPIENTS A. Ownership Requirements: The homeowner must individually or in aggregate have a qualifying interest in the property consisting of at least: 1. A 1/3 interest in the Fee Title. Such interests must be subject to a mortgage, and must demonstrate the ability to secure the signatures off all remainder men and spouses with interest in the property as loan guarantors and must appear on record with McLeod County; 2. A 1/3 interest as Purchaser in a Contract for Deed. Such interests must secure the . signatures of all parties and spouses that have interest in the property both as Contract Vendor(s) and Contract Vendee(s) and must appear on record with McLeod County; 5 L6) L J C-1 3. A valid Life Estate. Life Estates must appear in the records of McLeod County with all remainder men listed. Two Thirds (2/3) of the remainder men must sign the mortgage as loan guarantors; B. The housing rehabilitation program is designed to be of 100 percent benefit to households of low to moderate incomes. This will be achieved by following the gross income limits as set by the Department of Housing and Urban Development for the Section 8 Existing Housing Program. The 2007 income limits as adjusted for family size are listed below. These limits shall be adjusted periodically upon HUD notification of income revisions. C. Eligible recipients for housing rehab must have household incomes that do not exceed the HUD Section 8 income guidelines listed below. D. Household Size Maximum Household Income 1 $36,800 2 $42,050 3 $47,300 4 $52,550 5 $56,750 6 $60,950 7 $65,150 8 $69,350 E. Income for the purpose of this rehabilitation program shall be defined as gross annual income projected for the next twelve months, whenever possible, including salary, commissions, bonuses, interest, dividends, tips, capital gains or sale of securities, annuities, pensions, IRAs, rental property income (adjusted as allowed by the IRS), partnerships, estate or trust income, child support, alimony, social security, aid for families with dependent children and miscellaneous income. Gross annual income from self employment shall be deemed to be the average net profit from said self employment, as declared by the applicant in Schedule C, F or E, Part III, as appropriate, of the United States Internal Revenue Service Form 1040, or any other such schedule as may be hereafter promulgated, but including all depreciation as income, for the past two years. F. All income shall be verified in writing. The following examples listed below are considered acceptable. 1. An income verification sheet that is signed by a third party at the source of income. Pay stubs may be used as a back up source of verification if the third party income verification form needs further clarification. 2. The previous two years tax returns shall be used for those applicants who are self - employed or having variable incomes. 3. Signed third party verifications from banks, savings and loans; insurance companies, etc. 6 (p(i G. There will be no asset limitation associated with the Revolving Rehab loans. The main and foremost improvement priority for this rehabilitation program is directed to the health/safety of project residents. The priorities are as follows: Priority No. 1 Health and safety improvements are the primary emphasis of the rehabilitation efforts to be conducted in the project area. As such, they are mandatory requirements. These improvements are as follows in their sub - categorical ranking: 1. Fire detection/safe and obstructed egress 2. Electrical code violations 3. Lead based paint hazards 4. Surface impermeability to weather, water and rodents 5. Plumbing violations /deficiencies 6. Adequate and sanitary food preparation areas 7. Accessibility modifications for physically handicapped household member(s). Priority No. 2 Energy improvements are also a primary improvement to be conducted in conjunction with health and safety improvements. Improvement priorities are based upon the improvement's estimated energy cost savings per year that will be provided to the household after rehab. *I. Furnace replacement • 2. Attic insulation 3. Wall insulation 4. Storm doors 5. Storm Windows 6. Rim joist insulation 7. Door /window weather - stripping Furnace replacement could, very well, be placed as a No. 1 Priority depending upon the nature and severity of the existing defects. If it is deemed to be a threat to health/safety of the housing occupants, it will receive a No. 1 Priority. Priority No. 3 Basic housing quality components are secondary improvements to be conducted after the health/safety and energy improvements are addressed. These improvements are generally deferred maintenance items and major improvements which will need attention in the immediate future, but which are functional at the present time. They include items such as the following: *1. Roofing 2. Painting 3. Window replacement * Roofing could be a No. 2 Priority depending upon the nature and severity of the project. c�C� APPLICATION AND APPLICATION SELECTION The CitydIRA will be approving applications from homes/homeowners, on a first come first served basis based on the date and time an executed application is received by the HRA office. Properties, which have been previously rehabilitated with Revolving Rehabilitation Loan funds, are ineligible for five (5) years after the mortgage date. The restrictions are in effect except in extraordinary circumstances relating to: 1. The property was damaged as a result of events beyond the control of the Applicant. 2. Repairs necessitated by a systems or structural failure. 3. In addition, case by case exceptions may be considered and granted by the HRA Board. PROJECT FUNDING A. Terms of the Loan: • The loan will be a 0 %, deferred loan up to $5,000 for SCDP, CFUF, FUF, MHFA Rehab loans and any other rehab funding sources and $10,000 for CASA/rehab with an option of more if the HRA Board approves. • No Payments. • 30 years or when the home is not the primary residence, or sold, whichever occurs first. • All loans will be secured with a mortgage on the property. B. No Loan to Value ratio and Debt to Income Ratio Maximum, no credit check C. Must be current on Property Taxes and Mortgage Payment. D. An administration fee to the Hutchinson HRA will be according to the Board approved HRA fee schedule available upon request for HRA. E. Inspection fee will be the current fee charged by Mid - Minnesota Development Commission. REPAYMENT OF SCDP FUNDS A. Revolving Rehab Loan shall be secured by a Mortgage and Repayment agreement. B. In the case of the Revolving Rehab Loan, all persons who signed the application for a loan must enter into an agreement with the City of Hutchinson for repayment of the loan. The agreement shall provide that: In the event that the improved property is sold, transferred or otherwise conveyed within the repayment period, the recipient shall repay all of the Revolving Rehab Loan. C. The repayment agreement shall be subordinate to funds provided by private lending institutions and other leveraging sources. 6 (), D. That if the Revolving Rehab Loan funds are used for purposes other than an eligible improvement upon an eligible property, or if the application is found to contain a material misstatement of fact, then the recipient of the deferred loan shall be liable for 100 percent repayment of the deferred loan. E. That the recipient of Revolving Rehab Loan shall be required to notify the City of Hutchinson immediately upon the sale, transfer or conveyance of the improved property. F. That if the recipient no longer occupies the property, the recipient would be obligated to pay the Revolving Rehab Loan in full at that time. MARKETING A. The program administrator, on behalf of the City of Hutchinson, will conduct outreach in the targeted area and will solicit applications for the Expanded Franklin -Grove Neighborhood Housing Rehabilitation Program utilizing the below listed methods as necessary and/or appropriate: 1. Issue press releases advertising community meetings regarding project both to local print and broadcast media. 2. Direct mail program information to the homeowners in the target area, regarding program availability. 3. Develop posters and brochures and post them in prominent areas in the is community. 4. Place program flyers door to door in project area. INSPECTIONS OF PROPERTY A. Process for Lead Hazard Reduction 1. At the time of the homeowner's application, each applicant must receive the lead hazard brochure "Protect Your Family from Lead in Your Home." Rehabilitation files must indicate that homeowners have received a copy of the brochure. 2. All houses built before 1978 must have a risk assessment, performed by a certified lead risk assessor. The Risk Assessment Report will be part of the rehabilitation project file. The Hutchinson HRA has contracted with the Mid - Minnesota Development Commission, who owns and operates an XRF machine, to conduct the lead risk assessments. 3. All homeowners must receive the HUD Notice "Summary Risk Assessment Notice ". Rehabilitation files must show receipt of the Notice. 4. Work write ups /specifications will incorporate (or reference by addendum) the required lead hazard reduction options identified within the Risk Assessment Report. The write up /specification will include language on required lead safe • work practices, site preparation, prohibited practices and cleaning. This can be b() 0 B. HQS Inspection Once an applicant has been determined eligible for SCDP funds: 10 (0 (i 1 accomplished in the work write -ups by reference to MN Rules 4761.1170 -1190, Hazard Reduction Methods. • Owner- contractor contract language must include prohibition of use of lead -based paint; requirement for trained workers /supervisors and conducting work by MN Dept of Health approved training providers. 5. According to the lead paint Final Rule requirements for lead safe work practices the following circumstances do not require occupant relocation: • Treatment will not disturb lead -based paint or lead contaminated dust, or • Treatment of the interior will be completed within one period in eight daytime hours, the site will be contained, and the work will not create other safety, health, or environmental hazards, or • Only the building's exterior will be treated; the windows, doors, ventilation intakes, and other openings near the worksite are sealed during hazard reduction activities and cleaned afterward; and a lead -free entry is provided, or • Treatment will be completed within five calendar days; the work area is sealed; at the end of each day, the area within 10 feet of the containment area is cleared of debris; at the end of each day, occupants have safe access to sleeping areas, bathroom, and kitchen facilities; and treatment does not create other safety, health, or environmental hazards. • The Risk Assessor will make a recommendation, based upon the above criteria and the ages of children residing in the household, whether temporary relocation is required. 6. Residents must receive a Hazard Reduction Completion Notice, when lead hazard • work has been carried out on the property. The rehabilitation files must show receipt of the Notice. 7. Only licensed workers and supervisors will carry out lead hazard reduction work. 8. All units must receive clearance examination, where risk assessment was conducted and lead hazard reduction was carried out. Trained Sampling Technicians may conduct clearance examinations. A copy of the clearance must be in the project file. 9. Iftemporary relocation is required for homeowner occupants, the homeowner is asked to make arrangements to stay with family or friends. If arrangements -with family or friends are not possible, rehabilitation funds may provide for hotel/motel stay for up to 5 nights and is paid out of the total cost of rehabilitation. Therefore, SCDP will pay for 60% of the cost incurred. The homeowner is limited to $100 per night for hoteUmotel and mileage at the Federal rate. 10. For emergencies, whereby high levels-`of lead have been found or children are contaminated, the`City will provide. -up to $3,000 per household, using program income, -for immediate: evacuation, temporary shelter, additional housing costs, and mileage costs. 0 B. HQS Inspection Once an applicant has been determined eligible for SCDP funds: 10 (0 (i 1 1. The HRA Housing Inspector will conduct both the Lead Risk Assessment and a Housing Quality Standards (HQS) property inspection. 2. The Housing Inspector will determine the work necessary to bring the property into compliance with: a. Generally Accepted Community Standards b. Minnesota Energy Efficiency Standards as is practical C. Other standards as required by the Grant Agreement 3. The Housing Inspector will then prepare a Scope of Work (work write -up) that will rectify violations to the housing standards, and local codes. The Scope of Work shall contain the following: a. Instructions to the bidder b. Bid proposal C. Program warranties d. General conditions . e. Language for the use of Lead Safe Practices f. Special Conditions g. Diagrams and layouts as appropriate or needed h. Cost estimate for the file Any ineligible cost (not stated in the Scope of Work) that is done during the rehabilitation process shall be paid for by the owner, over and above what the SCDP funds are being used for. REHAB LOAN REVIEW PROCEDURE A. Each individual rehabilitation project will be presented to a Representative of the HRA Loan Review Committee for approval after eligibility requirements have been investigated, the property has been inspected, work write -ups have been completed, bidding process is complete, project cost has been determined and, if necessary, outside financing for owner match secured. The HRA Loan Review Committee will be presented with a Project Presentation Form that will discuss the project, but not divulge any information that would violate privacy requirements. The Project Presentation Form is . attached to the back of the procedural guide. 11 (_6 B. An HRA Loan Review Committee member and the HRA Executive Director will sign the Project Presentation form, which will be presented to the HRA Board for formal loan is approval. C. After approval by the HRA Board, a date for loan closing shall be set. If the project fails to meet an eligibility requirement or is not approved by the HRA Loan Review Committee, the applicant shall be informed in writing by the Housing Rehabilitation Loan Coordinator within ten working days and shall be informed of the appeal process. At the time of loan closing, the owner match will be required and put into an escrow account. ELIGIBLE CONTRACTORS AND BIDDING PROCEDURES A. All General Contractors must complete a Contractor's Application to participate in the Small Cities Development Program and must furnish the HRA with copies of: Certificate of Insurance and Contractor's Licensing or Certificate of Exception. Upon HRA review and approval of the above documents, the contractor may then be awarded a contract. B. When lead hazard reduction is required by the risk assessor, lead trained workers will he required on the project. Certification of training must be on file at the HRA office. C. The contract is between the applicant and the contractor. The applicant will be provided a list of the HRA approved contractors to choose from. However, an applicant is free to • choose any licensed contractor whom the applicant may desire. D. Contractors will be allowed to bid on any and all rehabilitation projects. However, no single contractor will be allowed to work on more than three rehabilitation projects at one time. E. The contract shall be awarded to the lowest base bid unless one of the following circumstances occurs: 1. The bid is determined to be unrealistically low by the HRA and the contractor agrees to withdraw the bid. 2. The contractor has failed to follow the procedures as outlined in the instructions to the bidders. The homeowner does not want the low contractor to perform the work and agrees to pay the difference between the lowest bid and the preferred contractor's bid. 4. There appears to have been collusion between two or more contractors in which case all bids under question will be thrown out and different contractors solicited for bids. 5. The contractor fails to bid according to the specifications and it proves impossible to compare that contractor's bid with the other contractor bids. • 12 ��+ 1 F. A minimum of two bids shall be solicited for each improvement project. Bidding shall be done on a general contractor basis, unless under certain cases, it will be a significant cost benefit to the homeowner to bid out the individual projects separately. The HRA Housing Rehabilitation Coordinator will make this decision. In the event only one bidder responds, the bid will be compared to the cost estimate to determine whether the bid is reasonable and can be accepted. The HRA Housing Rehab Coordinator/Inspector will make this decision on a case by case basis. G. The HRA will periodically do press releases about the project to encourage contractor participation. Encouragement of women and minority -owned business to participate will be included in the press releases. H. All portions of the work must be performed by a contractor. BID SUMMATION AND FINANCIAL PACKAGING A. Bids will be presented to the property owner. B. Upon acceptance of a bid by an applicant, the HRA will, working with the property owner, package the project according to: 1. Eligibility of the property owner • 2. Availability of Non - Revolving Rehab loan funds 3. Other available funds, and 4. The appropriate level of Revolving Rehab loan funding C. The loan package shall include: The applicant's household composition 2. Applicant's gross income 3. Estimated market value of the property 4. Property location 5. Applicant's equity in the property 6. Proposed rehabilitation activities SCDP funding requested • 8. Other funding to be used in the project 13 &�.\ • D. The necessary repayment agreements, mortgage and other legal necessary documentation are prepared by the HRA staff. E. A mortgage shall be placed on the property for the full amount of the Revolving Rehab loan dollars spent on the project. F. The property owner shall be responsible for paying the recording fee of the mortgage. G. Closing will then take place with the property owner and other appropriate parties to the closing. H. Three days after closing the HRA will issue a Notice to Proceed to the accepted contractor(s). CONTRACT PERFORMANCE A. The Notice to Proceed allows the contractor 90 days to complete, except that weather dependent work on projects where the notice to proceed is issued too late in the building season will allow additional days as determined by the HRA. Change Orders are required to extend ALL contracts. Change orders to the contract: 1. Require the signatures of the: a. Homeowner b. Contractor C. HRA Housing Program Coordinator d. The Housing Inspector, and e. The Project Director 2. Will be allowed only for the following reasons: a. To rectify hidden deficiencies that are discovered once the work has begun b. To change a approved work specification due to unforeseen difficulties arising after the work has begun that force a delay C. To address a deficiency that was inadvertently dropped from the project during project packaging • d. The work is weather dependent and weather conditions have not allowed the completion of the work. 14 �c� e. The homeowner preferred contractor is too heavily committed to perform • the work within the allotted time and the contractor requests an extension along with a work schedule acceptable to the homeowner and HRA. f. Unforeseen difficulties develop with the approved work and forces a delay. 3. Any additional Owner Match funds will be required to be deposited in an escrow account. B. Interim inspections may be performed by the HRA or Mid - Minnesota Development Commission to monitor work progress and quality of workmanship. C. If a dispute arises between a property owner and a contractor, the HRA Housing Rehabilitation Coordinator will advise the property owner and contractor to resolve the issue according to the contract and work specifications. If a clarification of the contract and specifications is needed, the HRA Housing Program Coordinator will render an opinion based on the facts presented and the contract. If a solution cannot. be, found, either, party may, then appeal the HRA ,Loan Review Committee and the Project Director- theirdecision will be final. D. A contractor's contract may be terminated for any of the following reasons: . 1. Poor work performance on the job site and the demonstrated inability to rectify the poor workmanship. The cost of repairing poor workmanship shall be deducted from any amount owed to the initial contractor for work completed. 2. Causing undue damages to a homeowner's property and the inability or unwillingness to correct the damages. The cost of repairing the damages will be deducted from any money owed the contractor for work already completed. 3. The contractor lacks sufficient insurance coverage. 4. The inability of the contractor to perform the work within the allotted time. 5. Irreconcilable and unreasonable differences between the contractor and the property owner. 6. The contractor requests to be removed from the contract. There will be no penalty associated with this request as long as the request is made within 30 days of receiving the Notice to Proceed. 7. Contractors who are removed from a contract shall be removed from the approved contractor's list and shall be prohibited from being awarded any contracts with this program until such time as the problem has been corrected and HRA might reinstate their approved status. • 15 (06) PAYMENT • A. All contractors will agree to the payment schedule contained within the contractor's application, which is as follows: 1. No pre - payments are allowed for any reason. 2. Partial payments will be allowed only for completed portions of the project. 3. Payments will be made only after the work is completed according to the specifications contained within the Scope of Work and meets with the approval of the applicant and the HRA after inspection. 4. Payments will be made only upon presentation of the following documents: a. Billing statement b. Lien waiver C. Sworn Construction statement d. Completion Certificate • e. Lead Clearance PROJECT FILES A. The Housing Rehab Coordinator shall maintain files on each applicant throughout the duration of the project. Those files shall include the following: Section A - File Checklist 1. Homeowner Application 2. Property Presentation Form/Approved by HRA Loan Review Committ ee 3. Application and Rehabilitation Process Form 4. Income Verification Form a. Employment Verification b. Second Employment Verification C. Self - employment Income d. Bank Verification • e. UI/General Assistance /AFDC Grant Verification f Social Security Verification 16 / _/ Section C - File Checklist • 1. SCDP Deferred Loan Mortgage and Repayment Agreement 17 (0(-t) g. Pension/Retirement Verification h. Child Support • 6. Historical Society Clearance 7. Property Tax Verification 8. Title Verification Form 9. Property Insurance Verification 11. Photo Release Form 12. Lead Based Paint Statement/Lead Based Paint Assessment Requirement 12. Property Owner Conditions 13. Property Inspection Completed 14. Guidelines for Subordination Requests 15. Fair Housing Certification Form 16. Eligibility/Non- Eligibility Letter • Section B - File Checklist 1. Change Orders (if applicable) 3. Specifications for Rehabilitation (Notice to Bid) 4. Notice to Proceed 5. Contractor/Property Owner Agreement/Property Owner Conditions 7. Contractor Award Notice 8. Contractor Non -Award Notice 9. Proposal Form/Bid Specification 10. Copies of Proposals Received 11. Bid Tabulation Section C - File Checklist • 1. SCDP Deferred Loan Mortgage and Repayment Agreement 17 (0(-t) 2. Documentation of Non -SCDP Finances (if applicable) • • Escrow Agreement for Owner Match 3. Notice of Right of Recission 4. Truth in Lending Statement Section D - File Checklist 1. Preconstruction Confererence Report 2. Notice to Proceed 3. Contractor Payment Request 4. Sworn Construction Statement 5. Completion Certificate 6. Lien Waiver 7. Field Inspection Report • Section E - File Checklist 1. Owner Evaluation 3. Lead Clearance 4. Hazard Reduction Completion Notice 5. Copy of Filed Repayment Agreement B. Copies of forms as appropriate are appended. C. HRA at its option may accept documentation and verification from other agencies working with the same applicant. Other agencies at this time are: 1. MHFA 2. Heartland 2. Rural Development 3. Southwest Minnesota Housing Partnership APPEALS • A. If an appticant/property owner's application is denied for any reason or is dissatisfied with the level of assistance received, the following procedure is to allow for a 18 L • • standardized appeal /complaint process for all applicants of the Small Cities Development Program. B. In the event of denial or a complaint, the applicant/complaint: 1. Will be informed of the appeal process. 2. Will be given a copy of the appeal process. 3. Will be given a written notice clearly stating under what condition that the application was denied. C. The applicant who wishes to appeal the denial of benefits must submit their appeal within 14 days of receipt of denial either orally or in writing to the Housing Rehab Loan Coordinator. That appeal must state: 1. The reason(s) for the appeal. 2. Information that the applicant believes is pertinent to the appeal. D. If the applicant is not satisfied with the decision of the Housing Rehab Coordinator, an appeal may made in writing to the Project Director, within 14 days of decision by the Housing Rehab Coordinator. The Proiect Director shall review all written appeals with the HRA Loan Review Committee. E. Further appeal may be made to the HRA Loan Review Committee by appearing in person before the committee. The Project Director shall respond to the applicant in writing within 15 working days of appearing before the committee: 1. The results of the review 2. An explanation of the findings 3. The next step the applicant can take if not satisfied with the response GENERAL CONDITIONS A. No project may be started until: 1. Grant dollars are made available 2. The program is officially up and running 3. HRA(IIQMeowner has issued a Notice to Proceed B. Any work done on a project prior to these steps will mean that part of the project is ineligible for funding. 19 C. The proceeds received from the repayment of Rehabilitation loans originated SCDP • funds will go into a revolving loan fund to provide funds for rehabilitation projects on an ongoing basis. AMENDMENTS A. These procedural guidelines may be amended in whole or in part or supplemented by the Hutchinson Housing and Redevelonment Authority as deemed appropriate and/or needed and will be effective on the date of issue. E 0 G:/HRA/City Revolving Rehab/Procedural Guide 5 -15 -2007 20 (,� ( 1) 0 Menw To: Mayor & City Council From: Jean Ward, HRA Director Datm May 16,2007 VU Re: Procedural Guidelines for Homeowner Housing Rehabilitation Program for Expanded Franklin Grove Neighborhood, and Procedural Guidelines for Housing Rehabilitation Revolving Loan Fund and Amendment to City/HRA Administrative Contract. Attached for your review and approval are Procedural Guidelines that govern the SCDP program funding that comes from DEED. Applications are now tieing processed with the plan of rehab construction sterling this summer. There have been minor changes made from the previous Franklin Grove Neighborhood project that are highlighted In gray; some of these changes are listed below: • The Minnesota Data Practices Act now considers Information Including names, • addresses and amount of assistance received to be considered public data. All other Information In the file is considered private. • The Lead Assessment and Lead Clearance testing required on homes built prior to 1978 are now considered eligible project costs. Therefore, the procedural guidelines and Administrative Contract Amendment reflect that change. • The term of the 0•/. loan Is forgiven after ten years. • A temporary relocation plan Is outlined for use If needed when rehab work would create a lead hazard to the occupants of the home. The lead risk assessor will make the recommendation on whether temporary relocation Is needed. • Financial packaging outlines the various leverage sources with Incomes up to 80% of area median income adjusted for family size. The City Revolving Rehab Loan fund will be used for people earning between 60 -80% of area median Income adjusted for family size. • A procedure is outlined on resolution of disputes between property owners and contractors. 0 Hutchinson HRA Menw To: Mayor & City Council From: Jean Ward, HRA Director Datm May 16,2007 VU Re: Procedural Guidelines for Homeowner Housing Rehabilitation Program for Expanded Franklin Grove Neighborhood, and Procedural Guidelines for Housing Rehabilitation Revolving Loan Fund and Amendment to City/HRA Administrative Contract. Attached for your review and approval are Procedural Guidelines that govern the SCDP program funding that comes from DEED. Applications are now tieing processed with the plan of rehab construction sterling this summer. There have been minor changes made from the previous Franklin Grove Neighborhood project that are highlighted In gray; some of these changes are listed below: • The Minnesota Data Practices Act now considers Information Including names, • addresses and amount of assistance received to be considered public data. All other Information In the file is considered private. • The Lead Assessment and Lead Clearance testing required on homes built prior to 1978 are now considered eligible project costs. Therefore, the procedural guidelines and Administrative Contract Amendment reflect that change. • The term of the 0•/. loan Is forgiven after ten years. • A temporary relocation plan Is outlined for use If needed when rehab work would create a lead hazard to the occupants of the home. The lead risk assessor will make the recommendation on whether temporary relocation Is needed. • Financial packaging outlines the various leverage sources with Incomes up to 80% of area median income adjusted for family size. The City Revolving Rehab Loan fund will be used for people earning between 60 -80% of area median Income adjusted for family size. • A procedure is outlined on resolution of disputes between property owners and contractors. 0 • • 0 These guidelines were approved by the HRA Board at their May 15, 2007 Board meeting and forwarded to you with their recommendation for approval. • Page 2 (V61) RESOLUTION Ho. 13216 is APPPROVING AND AGREEING TO ENTER INTO ADMINISTRATIVE CONTRACT AMENDMENT OF SMALL CITIES DEVELOPMENT PROGRAM FOR THE EXPANDED FRANKLIN GROVE NEIGHBORHOOD HOUSING REHABILITATION PROJECT AND APPROVAL OF PROCEDURAL GUIDELINES FOR HOMEOWNER HOUSING REHABILITAITON PROGRAM FOR EXPANDED FRANKLIN GROVE NEIGHBORHOOD AND PROCEDURAL GUIDELINES FOR HOUSING REHABILITATION REVOLVING LOAN FUND WHEREAS, the Housing and Redevelopment Authority in and for the City of Hutchinson, Minnesota has drafted an SCDP owner occupied rehab application on behalf of the City of Hutchinson, Minnesota, which has been approved for funding; WHEREAS, the expanded Franklin Grove Neighborhood Housing Rehabilitation Project will be funded via the Small cities Development Program administered by the Minnesota Department of Employment and Economic Development; NOW THEREFORE BE IT RESOLVED that the City of Hutchinson, Minnesota hereby approves the Administrative Contract Amendment with the HRA. • BE IT FURTHER RESOLVED that the City of Hutchinson approves the Homeowner Rehab Procedural Guidelines for the Franklin Grove expanded Neighborhood project and the Housing Rehab Revolving Loan Program. Adopted by the City Council this 22nd day of May, 2007. Steve Cook Mayor ATTEST: Gary D. Plotz City Administrator GMRA/DPED & SCDP Progame /2007 /CC Resolution Approving HRA Admin Contract b 6 1 ) ADMINISTRATIVE CONTRACT AMENDMENT BY AND BETWEEN • CITY OF HUTCHINSON, MINNESOTA AND HUTCHINSON HOUSING AND REDEVELOPMENT AUTHOROITY FOR ADMINISTRATION OF THE FRANKLIN GROVE EXPANDED NEIGHBORHOOD REHABILIATION PROJECT To be consistent with the language in the Procedural Guidelines for the Franklin Grove Expanded Neighborhood Rehabilitation Project, the following change is proposed: Change from: Approved fee of $2,150 per owner occupied rehab project to cover project administration duties including, but not limited to, applicant and loan file, HQS inspection, lead inspection, work write -ups, lead clearance testing, construction inspection fees, bid solicitation, contract administration, and draw requests. To: Approved fee of $2,150 per owner occupied rehab project to cover project administration duties including, but not limited to, applicant and loan file, HQS inspection, work write - ups, construction inspection fees, bid solicitation, contract administration, draw requests, and may include lead inspection, and lead clearance tests if not included in the project costs. IN WITNESS WHERE OF, the parties here to have caused this contract amendment • dated May 15, 2007 to be duly executed. CITY OF HUTCHINSON F-W MAYOR, CITY OF HUTCHINSON ATTEST: EN • CITY ADMINISTRATOR WN HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY I'' '' .11 HRA EXECUTIVE DIRECTOR C 0 CITY OF HUTCHINSON, MINNESOTA HOMEOWNER HOUSING REHABILITATION PROGRAM EXPANDED FRANKLIN -GROVE STREET NEIGHBORHOOD • PROCEDURAL GUIDELINES The City of Hutchinson through the rehabilitation program will provide assistance to eligible applicants for the rehabilitation of properties utilizing Small Cities Development Program funds. The methods of program distribution and eligibility criteria are incorporated in this procedural guide. No person or business will be denied participation in the rehabilitation program due to their race, color, creed, religion, national origin, sex, marital status, reliance on public assistance, age, disability, or familial status. The Hutchinson Housing and Redevelopment Authority, on behalf of the City of Hutchinson, has been appointed Project Administrator. PROGRAM OBJECTIVES FEDERAL OBJECTIVE: The primary objective is to provide financial assistance to low to moderate - income individuals who reside in the target area whose homes are in need of rehabilitation. 2. SECONDARY IMPACTS: Secondary impact is to encourage the preservation of housing and to improve the Expanded Franklin Grove Neighborhood. PROGRAM ADMINISTRATION • 1. GENERAL ADMINISTRATOR: The City of Hutchinson is contracting with the Hutchinson Housing & Redevelopment Authority 04RA). The Hutchinson HRA is responsible for all phases of the administration of this Small Cities Development single purpose program. The City of Hutchinson will be the Fiscal Agent and responsible for all financial and progress reports. The Hutchinson HRA will have principle responsibility for completion of the Environmental Assessment and development/submission of all required policies and procedures prior to commencement of program delivery. 2. FIELD ADMINISTRATOR: The Hutchinson HRA will be providing the field administration services. The Hutchinson HRA is responsible overall for program delivery including: determination of household eligibility, application completion and loan approval, and rehab loan administration. The Hutchinson HRA has a contract with Mid - Minnesota Development Commission for HQS inspection services, work write -ups, lead assessments, rehab project interim and final inspections, and lead clearance tests. 3. FEDERAL COMPLIANCE: The City and the Hutchinson HRA will share responsibility to comply with Federal Regulations regarding the implementation and administration of this Small Cities Development Project. 4. DATA PRIVACY: Information on program Applicants shall be gathered and released in accordance with the Minnesota Data Practices Act. All information including names, addresses, and the amount of assistance received are considered public data under the Minnesota Data Practices Act. Any other information provided to the program is considered private data. Privata" data may be released to the following agencies "'or organizations: City Council of Hutchinson, City of Hutchinson auditors, the Hutchinson • HRA, Minnesota Housing Finance Agency, Rural Development, SAAIMNHSP, Lending L')o) Institutions and other matching fund agencies, DEED, and HUD. Private data cannot be released to anyone else unless a consent form is completedrgranting permission. • 5. EVIDENCE OF FRAUD: Any administering party participating in the Program shall refer evidence of fraud, misrepresentation, collusion or other misconduct on the part of the Applicant or contractors in connection with the operation of the Program to the State of Minnesota Attorney General for investigation and possible legal action. CONFLICT OF INTEREST 1. GENERAL CONDITIONS: No member of the governing body of the locality and no official, employee, or agent of the local government, nor the Hutchinson HRA, who exercises policy decision - making function or responsibilities in connection with the planning and implementation of the program shall directly or indirectly benefit from this program with the following exception: The authority may make a grant or loan from these funds to a public officer of the authority who applies, if the public officer first discloses, as part of the official minutes of a meeting of the authority, that the public officer has applied for the funds and the public officer abstains from voting on the public officer's application. This prohibition shall continue for one year after an individual's relationship with the Local Government or the Hutchinson HRA ceases. Specific prohibitions are as follows: a. Program Participation: No member of the governing body of the locality, no official, employee, or agent of the local unit of government or the Hutchinson HRA, as defined above, shall accrue direct or indirect program benefits. • b. Contractual Relationships: No member of the governing body of the locality, no official, employee, or agent of the local unit of government or the Hutchinson HRA, as defined above, shall obtain direct or indirect interest in any contract, subcontract, or agreement in any activity in this program that provides financial compensation for services. C. Prohibition Extensions: This prohibition extends to contracts or direct benefits in which a spouse, minor child or business partner may have personal or financial interest. • 2. DETERMINATION OF CONFLICT OF INTEREST: When questions arise or a situation is unclear an initial Opinion of Conflict of Interest shall be sought from the City Attorney. That Attorney's Opinion will outline areas that the situation is within or outside applicable Federal Regulations 24 CFR 570, Uniform Administration Requirements and State Statutes 412.311 or 471 -87 through 471.89. The Attorney's Opinion shall be forwarded to DEED Staff, and at DEED's discretion, shall be forwarded to the Minnesota Attorney General for the State's Legal Opinion. ELIGIBLE PROPERTIES SCDP funds will be used to improve properties that meet the following criteria: 2 1. The property must be located in the Expanded Franklin -Grove Street Housing Rehabilitation Project Area. The specific project boundaries are shown in Appendix A of this procedural Guide. • 2. The property must be a homeowner occupied residential structure. 3. Owner Occupied Duplex Housing: Where SCDP funds are granted for rehabilitation of owner occupied duplex units, funds may only be used for: A. Rehabilitation of the structural components of the dwelling B. The internal components of the Owner Occupied portion of the dwelling Funds may not be used for the internal components of the non -owner occupied rental unit of the duplex. If the rental unit is in need of rehabilitation, the owner will be referred to the MHFA HOME Rental Rehabilitation Program or the MHFA 6% Rental Rehabilitation Loan Program. 4. The property to be improved must be a permanent structure. 5. The property to be rehabilitated must be considered suitable for rehab under local definition. No property deemed to be not suitable may be rehabilitated with SCDP funds. Rehabilitation is not remodeling. Remodeling is for convenience or cosmetic purposes. Rehabilitation deals with, in order of priority: • (1) health issues and safety issues, including identified lead hazards; and (2) energy conservation, as well as certain long -term preservation of structures such as siding, roofs and foundations. Certain types of rehabilitation can be viewed as lack of maintenance or deferred maintenance. Other types of rehabilitation needs can be viewed as items that wear out or need replacements because of obsolescence. Rehabilitable Building: A building is suitable for rehabilitation when it is structurally sound. To be rehabilitable, a building should be vertically plumb within three degrees and shall have no significant rot on the majority of the floor joists, studs or rafters that are weight bearing. Foundations and basement walls shall not be deteriorated to the extent or so out of alignment that they do not adequately support the building and can not be corrected without complete replacement. Any proposed rehab /modifications to a pre - manufactured home will need prior approval by the manufacturer. Generally, if the improvement costs for a structure are 50% more than the County Assessor's Office market value, the dwelling may be deemed not suitable for • rehabilitation. An unsuitable unit is a substandard unit with serious defects and is not 3 r^ 1 able to meet a majority of local standards and rehabilitation is neither practical nor economically feasible. The City /LIRA would be placing the following two restrictions as to the use of SCDP funds: 1. Maximum SCDP funding per property is $25,000. 2. The structure, of course, would have to be suitable for rehabilitation. 6. The property must be occupied by low /moderate income households as defined herein. 7. Property that is rehabilitated under this program will meet HQS as a minimum standard. Rehab work will also need to meet the current State Building Code,adopted by the City„'�f Hutchinson. 8. No property located within a floodplain will be rehabilitated under this program. 9. No property may receive SCDP rehabilitation project funds if the property has real estate taxes due and payable. 10. No property may receive SCDP rehabilitation project funds unless the home is insured. ELIGIBLE IMPROVEMENTS • Improvements made with SCDP funds shall satisfy the following requirements: Fl- -I LJ 1. Health and safety needs and concerns within the housing units to be rehabilitated will always be considered the top priority for funding using SCDP funds. 2. Each improvement must be a permanent general improvement. Permanent general improvements shall include alteration, renovation or repairs upon and in connection with existing structures, which correct defects and deficiencies in the property affecting directly the safety, habitability, energy consumption, or aesthetics of the property. 3. Upon completion of the improvements, the structure must comply with the requirements of the current State Building Code adopted by the City of Hutchinson and HUD Section 8 Housing Quality Standards. 4. If the structure has been determined historically significant by the Minnesota Historical Society, plans for exterior improvements to the stricture must be reviewed and commented on by the Minnesota Historical Society. Buildings participating in the program and constructed 50 years prior to the current calendar year will be evaluated in accordance with the guidelines received from the Minnesota Historical Society. 5. Each improvement must be made in compliance with all applicable health, fire prevention, and building codes, provided, however, that no application shall be denied 4 (-0Cll solely because the improvement will not bring such property into full compliance with these codes. • 6. No SCDP funds shall be used in whole or in part for the purpose of refinancing or paying off an existing indebtedness. All such funds must be used to finance improvements begun after program application. Other Eligible Proiect�Gosts Homes built prior to 1978 are required to have a lead hazard risk assessment; this post,may be an eligible project cost if noticliarged as project administration. Lead clearance costs may also be an eligible;project expense. INELIGIBLE COSTS The following list of items is examples of what can not be funded with SCDP funds as part of the rehabilitation program. Ineligible improvements include, but are not limited to: 1. Air conditioning; except if verified by a physician ordered for a medical condition. • Central, new installation. • Room air conditioning. 2. Landscaping. 3. Fireplaces. 4. New construction. 5. Wind generation devices. • 6. Window/Door coverings: blinds, curtains, drapes, shades. 7. Out buildings, including sheds, utility buildings, barns, silos, new garages, etc. 8. Wood burning stoves. 9. Heat systems located outside the living space of the structure. 10. Recreational or entertainment facilities including swimming pools, tennis courts, saunas, decks and patios. 11. Assessments for public improvements. 12. Improvements begun prior to approval of the program application. 13. Upgrades to specifications above standard grade for rehabilitation. 14. Appliances 15. Other items deemed not appropriate to the program. • ELIGIBLE RECIPIENTS A. Ownership Requirements: The homeowner must individually in aggregate have a qualifying interest in the property consisting of at least: 1. A 1/3 interest in the Fee Title. Such interests must be subject to a mortgage, and must demonstrate the ability to secure the signatures off all remainder men and spouses with interest in the property as loan guarantors and must appear on record with McLeod County; 5 i �I� 2. A 1/3 interest as Purchaser in a Contract for Deed. Such interests must secure the signatures of all parties and spouses that have interest in the property both as Contract • Vendor(s) and Contract Vendee(s) and must appear on record with McLeod County; 3. A valid Life Estate. Life Estates must appear in the records of McLeod County with all remainder men listed. Two Thirds (2/3) of the remainder men must sign the mortgage as loan guarantors; • B. The housing rehabilitation program is designed to be of 100 percent benefit to households of low to moderate incomes. This will be achieved by following the gross income limits as set by the Department of Housing and Urban Development for the Section 8 Existing Housing Program. The 2007 income limits as adjusted for family size are listed below. These limits shall be adjusted periodically upon HUD notification of income revisions. C. Eligible recipients for housing rehab must have household incomes that do not exceed the HUD Section 8 income guidelines listed below. D. Household Size 1 2 3 4 5 6 7 Maximum Household Income $36,800 $42,050 $47,300 $52,550 $56,750 $60,950 $65,150 $69,350 E. Income for the purpose of this rehabilitation program shall be defined as gross annual income projected for the next twelve months, whenever possible, including salary, commissions, bonuses, interest, dividends, tips, capital gains or sale of securities, annuities, pensions, IRAs, rental property income (adjusted as allowed by the IRS), partnerships, estate or trust income, child support, alimony, social security, aid for families with dependent children and miscellaneous income. Gross annual income from self employment shall be deemed to be the average net profit from said self employment, as declared by the applicant in Schedule C, F or E, Part III, as appropriate, of the United States Internal Revenue Service Form 1040, or any other such schedule as may be hereafter promulgated, but including all depreciation as income, for the past two years. F. All income shall be verified in writing. The following examples listed below are considered acceptable. An income verification sheet that is signed by a third party at the source of income. Pay stubs may be used as a back up source of verification if the third party income verification form needs further clarification. 2. The previous two years tax returns shall be used for those applicants who are self - employed or having variable incomes. bO 3. Signed third party verifications from banks, savings and loans, insurance companies, etc. • G. There will be no asset limitation associated with the SCDP loans. IMPROVEMENT PRIORITIES The main and foremost improvement priority for this rehabilitation program is directed to the health/safety of project residents. The priorities are as follows: Priority Health and safety improvements are the primary emphasis of the rehabilitation efforts to be conducted in the project area. As such, they are mandatory requirements. These improvements are as follows in their sub - categorical ranking: 1. Fire detection/safe and obstructed egress 2. Electrical code violations 3. Lead based paint hazards 4. Surface impermeability to weather, water and rodents 5. Plumbing violations /deficiencies 6. Adequate and sanitary food preparation areas 7. Accessibility modifications for physically handicapped household member(s). • Priority No. 2 Energy improvements are also a primary improvement to be conducted in conjunction with health and safety improvements. Improvement priorities are based upon the improvement's estimated energy cost savings per year that will be provided to the household after rehab. *1. Furnace replacement 2. Attic insulation 3. Wall insulation 4. Storm doors 5. Storm Windows 6. Rim joist insulation 7. Door /window weather- stripping * Furnace replacement could, very well, be placed as a No. 1 Priority depending upon the nature and severity of the existing defects. If it is deemed to be a threat to health/safety of the housing occupants, it will receive a No. 1 Priority. Prioritv No. 3 Basic housing quality components are secondary improvements to be conducted after the health/safety and energy improvements are addressed. These improvements are generally . deferred maintenance items and major improvements which will need attention in the immediate future, but which are functional at the present time. They include items such as the following: *1. Roofing • 2. Painting 3. Window replacement * Roofing could be a No. 2 Priority depending upon the nature and severity of the project. APPLICATION AND APPLICATION SELECTION The City/HRA will be approving applications from homesihomeowners, on a first come first served is based -on the date and time an executed application is received by the ZK. office: Immedl4te,healthlsitfety emergency housing deficiencies determined by the Project Coordihato 'ay`recerve'priority, depending upon severity of deficiency and Whether the emergency can be abated temporarily,; (Failing furnace in winter, elevated blood lead levels in.children etc.), Prio recipients'of, the Franklin Grove SCDP neighborhood rehab program are not`eligible for fimdin PROJECT FUNDING LOW TO MODERATE INCOME - up to 80% of Area Median Income adjusted for family size. 60% Deferred SCDP Loan - 0% interest; 10 Year term. (10% forgiven per year) 40% owner 41 match required. * If an applicant cannot obtain the required owner match and has received a written denial from participating lenders and cannot obtain a home improvement loan though the HRA for the Fix - Up Fund or CFUF funds available in the Franklin -Grove neighborhood, the HRA Board reserves the right to determine if the applicant may receive a 100% SCDP loan up to $25,000. A. Non -SCDP financing shall be funds or financing received from private lenders, weatherization programs, City of Hutchinson revolving rehab loan program, MHFA rehabilitation loan program funds, community action agency funds, RD grant/loan funds, MHFA home improvement loan funds, matching funds through SWMNHSP, or any combination of these and other sources of financing or funding. The use of Non -SCDP financing will help promote the cost - effective use of SCDP City Revolving Funds. 1. Coordination of available funds will be done by the HRA. 2. The decision, as to which Non -SCDP funds may be available, will be based on each applicant's individual financial situation and the requirements of the Non - SCDP funding source. B. The owner must agree to have all Non -SCDP funds for the rehabilitation work deposited in an escrow account controlled by the project administrator for disbursements to the • contractor when the work is satisfactorily completed. Withdrawals can be made only upon written authorization from both the property owner and the Project Administrator. 8 1 _( 0 REPAYMENT OF SCDP FUNDS A. SCDP Deferred Loan/Grants shall be secured by a Mortgage and Repayment agreement. B. In the case of the deferred loan/grant, all persons who signed the application for a deferred loan/grant must enter into an agreement with the City of Hutchinson for repayment of the loan/grant. The agreement shall provide that: In the event that the improved property is sold, transferred or otherwise conveyed within ten years from the date of SDCP loan closing, the recipient shall repay all or a portion of such SCDP deferred loan/grant in accordance with the schedule below: 1. 60% Deferred SCDP Loan up to $25,000 40% Owner Match (this includes costs of all chances orders) Owner responsible for project costs over $25,000 If the recipient sells or vacates the property, the repayment terms are as follows: a) 0 —12 months 100% Repayment b) 13 — 24 months 9010 Repayment c) 25 — 36 months 80% Repayment • d) 37 — 48 months 70% Repayment e) 49 — 60 months 60° /o Repayment f) 61 - 72 months 50% Repayment g) 73 - 84 months 401/6 Repayment h) 85 - 96 months 301/6 Repayment i) 97 - 108 months 20% Repayment j) 109 - 120 months 10% Repayment k) 121 months forgiven 2. That deferred loan/grant funds due upon sale of the property prior to the official close -out of the grant shall be paid directly to City of Hutchinson, to be used for further rehabilitation projects and shall be deducted from the draw down requests as required by DEED. 3. That deferred loan/grant funds due upon sale of property after the official closeout of the grant shall be paid directly to the City of Hutchinson. • 9 I \ 4. The repayment agreement shall be subordinate to funds provided by private lending institutions and other leveraging sources. • 5. That if the SCDP funds are used for purposes other than an eligible improvement upon an eligible property, or if the application is found to contain a material misstatement of fact, then the recipient of the deferred loan/grant shall be liable for 100 percent repayment of the deferred loan/grant. 6. That the recipient of a deferred loan/grant shall be required to notify the City of Hutchinson immediately upon the sale, transfer or conveyance of the improved property. 7. That if the recipient no longer occupies the property, the recipient would be obligated to pay the deferred loan/grant in full at that time. C. SCDP deferred loans /grants shall be secured by a mortgage. MARKETING A. The program administrator, on behalf of the City of Hutchinson, will conduct outreach in the targeted area and will solicit applications for the Expanded Franklin -Grove Neighborhood Housing Rehabilitation Program utilizing the below listed methods as necessary and/or appropriate: • 1. Issue press releases advertising community meetings regarding project both to local print and broadcast media. 2. Direct mail program information to the homeowners in the target area, regarding program availability. 3. Develop posters and brochures and post them in prominent areas in the community. 4. Place program flyers door to door in project area. A. Process for Lead Hazard Reduction 1. At the time of the homeowner's application, each applicant must receive the lead hazard brochure "Protect Your Family from Lead in Your Home." Rehabilitation files must indicate that homeowners have received a copy of the brochure. 2. All houses built before 1978 must have a risk assessment, performed by a certified lead risk assessor. The Risk Assessment Report will be part of the rehabilitation project file. The Hutchinson HRA has contracted with the Mid- . Minnesota Development Commission, who owns and operates an XRF machine, to conduct the lead risk assessments. 10 3. All homeowners must receive the HUD Notice "Summary Risk Assessment Notice ". Rehabilitation files must show receipt of the Notice. • 4. Work write ups /specifications will incorporate (or reference by addendum) the required lead hazard reduction options identified within the Risk Assessment Report. The write up /specification will include language on required lead safe work practices, site preparation, prohibited practices and cleaning. This can be accomplished in the work write -ups by reference to MN Rules 4761.1170 -1190, Hazard Reduction Methods. 5. Owner- contractor contract language must include prohibition of use of lead -based paint; requirement for trained workers /supervisors and conducting work by MN Dept of Health approved training providers. 6. According to the lead paint Final Rule requirements for lead safe work practices the following circumstances do not require occupant relocation: • Treatment will not disturb lead -based paint or lead contaminated dust, or • Treatment of the interior will be completed within one period in eight daytime hours, the site will be contained, and the work will not create other safety, health, or environmental hazards, or • Only the building's exterior will be treated; the windows, doors, ventilation intakes, and other openings near the worksite are sealed during hazard reduction activities and cleaned afterward; and a lead -free entry is provided, or • Treatment will be completed within five calendar days; the work area is sealed; at the end of each day, the area within 10 feet of the containment area is cleared of debris; at the end of each day, occupants have safe access • to sleeping areas, bathroom, and kitchen facilities; and treatment does not create other safety, health, or environmental hazards. • The Risk Assessor will make a recommendation, based upon the above criteria and the ages of children residing in the household, whether temporary relocation is required. 7. Residents must receive a Hazard Reduction Completion Notice, when lead hazard work has been carried out on the property. The rehabilitation files must show receipt of the Notice. 8. Only licensed workers and supervisors will carry out lead hazard reduction work. 9. All units must receive clearance examination, where risk assessment was conducted and lead hazard reduction was carried out. Trained Sampling Technicians may conduct clearance examinations. A copy of the clearance must be in the project file. 10. If temporary relocation is required for homeowner, occupants, the homeowner is asked to make arrangements to stay with family or friends. If arrangements with family or friends are not possible, rehabilitation funds may provide for hotel /motel stay for up to 5 nights and is paid out of the total cost of rehabilitation. Therefore, SCDP will pay for 60% of the cost incurred. The homeowner is limited to $100 per night for hotel /motel and mileage at the Federal rate. 11. For emergencies whereby high levels of lead have been found or children are contaminated, the City will provide up to $3,000 per household, using "program • income, for immediate evacuation, temporary shelter, additiwiaj,housing costs, and mileage costs. bbj B. HQS Inspection • A. Once an applicant has been determined eligible for SCDP funds: 1. The HRA Housing Inspector will conduct both the Lead Risk Assessment and a Housing Quality Standards (HQS) property inspection. 2. The Housing Inspector will determine the work necessary to bring the property into compliance with: a. Generally Accepted Community Standards b. Minnesota Energy Efficiency Standards as is practical C. Other standards as required by the Grant Agreement 3. The Housing Inspector will then prepare a Scope of Work (work write -up) that will rectify violations to the housing standards, and local codes. The Scope of Work shall contain the following: a. Instructions to the bidder b. Bid proposal • C. Program warranties d. General conditions e. Language for the use of Lead Safe Practices f. Special Conditions g. Diagrams and layouts as appropriate or needed h. Cost estimate for the file Any ineligible cost (not stated in the Scope of Work) that is done during the rehabilitation process shall be paid for by the owner, over and above what the SCDP funds are being used for. REHAB LOAN REVIEW PROCEDURE A. Each individual rehabilitation project will be presented to a Representative of the HRA Loan Review Committee for approval after eligibility requirements have been investigated, the property has been inspected, work write -ups have been completed, bidding process is complete, project cost has been determined and, if necessary, outside 12 ('b) financing for owner match secured. The HRA Loan Review Committee will be presented with a Project Presentation Form that will discuss the project, but not divulge any • information that would violate privacy requirements. The Project Presentation Form is attached to the back of the procedural guide. B. An FIRAtoanAelview Committee'' member; and the HRA Executive Di=rector will s�,n,,'the Project Pregentati'ori form, which -'wi l 'Ue presented to the HRA Board? for forrni l;'lban approval. C. After approval bythe HRA Board, a date for loan closing shall be set. If the project fails to meet an eligibility requirement or is not approved by the HRA Loan Review Committee, the applicant shall be informed in writing by the Housing Rehabilitation Loan Coordinator within ten working days and shall be informed of the appeal process. At the time of loan closing, the owner match will be required and put into an escrow account. ELIGIBLE CONTRACTORS AND BIDDING PROCEDURES A. All General Contractors must complete a Contractor's Application to participate in the Small Cities Development Program and must furnish the HRA with copies of: Certificate of Insurance and Contractor's Licensing or Certificate of Exception. Upon HRA review and approval of the above documents, the contractor may then be awarded a contract. B. When lead hazard reduction is required by the risk assessor, lead trained workers will be • required on the project. Certification of training must be on file at the HRA office. • C. The contract is between the applicant and the contractor. The applicant will be provided a list of the HRA approved contractors to choose from. However, an applicant is free to choose any licensed contractor whom the applicant may desire. D. Contractors will be allowed to bid on any and all rehabilitation projects. However, no single contractor will be allowed to work on more than three rehabilitation projects at one time. E. The contract shall be awarded to the lowest base bid unless one of the following circumstances occurs: 1. The bid is determined to be unrealistically low by the HRA and the contractor agrees to withdraw the bid. 2. The contractor has failed to follow the procedures as outlined in the instructions to the bidders. 3. The homeowner does not want the low contractor to perform the work and agrees to pay the difference between the lowest bid and the preferred contractor's bid. 13 b6 4. There appears to have been collusion between two or more contractors in which case all bids under question will be thrown out and different contractors solicited • for bids. 5. The contractor fails to bid according to the specifications and it proves impossible to compare that contractor's bid with the other contractor bids. F. A minimum of two bids shall be solicited for each improvement project. Bidding shall be done on a general contractor basis, unless under certain cases, it will be a significant cost benefit to the homeowner to bid out the individual projects separately. The HRA Housing Rehabilitation Coordinator will make this decision. In the event only one bidder responds, the bid will be compared to the cost estimate to determine whether the bid is reasonable and can be accepted. The HRA Housing Rehab Coordinator/Inspector will make this decision on a case by case basis. G. The HRA will periodically do press releases about the project to encourage contractor participation. Encouragement of women and minority-owned business to participate will be included in the press releases. H. All portions of the work must be performed by a contractor. BID SUMMATION AND FINANCIAL PACKAGING A. Bids will be presented to the property owner. • B. Upon acceptance of a bid by an applicant, the HRA will, working with the property owner, package the project according to: 1. Eligibility of the property owner 2. Availability of Non -SCDP program funds 3. Other available funds, and 4. The appropriate level of SCDP funding C. The loan package shall include: The applicant's household composition 2. Applicant's gross income 3. Estimated market value of the property 4. Property location • 5. Applicant's equity in the property 14 41 1 6. Proposed rehabilitation activities • 7. SCDP funding requested 8. Other funding to be used in the project C. The necessary repayment agreements, mortgage and other legal necessary documentation are prepared by the HRA staff. E. A mortgage shall be placed on the property for the full amount of the SCDP dollars spent on the project. There is a limit of $25,000 of SCDP funding per project. Change orders resulting in a project cost over $25,000 will not be covered by SCDP funds. Homeowners will be expected to finance project costs over $25,000. The HRA Loan Review Committee, during review of a project, reserves the right to where appropriate, waive the $25,000 SCDP limit. Justification will be documented in the file. So s` -6f owner matches include the MHFA Deferred Loan Program, USDA Rural Developmait 504 Home Repair Program, Heartland Community Action Agency, Inc.' Weathlrizafion Program „�1I IP, Giu¢IF; City of Hutchinson Housing Rehabilitation Revolving Loan Fund,MMIFA CFUF and FUF and any other leverage sources hat may become available through thesSouthwesf Minnesota Housing Partnership. Financing packages will be assembled by the, HRA ` Program, Coordinator based on incame eligibility, financing amount available wttli. ",5arious sources, and fmancing terms. City of Hutchinson Revolving Rehabilitation loan funds will' be reserved for families between 60 -80% of WI, because other rehab financing sources will be.used first for families of or below • 600/,- AMI. F. The property owner shall be responsible for paying the recording fee of the mortgage. G. Closing will then take place with the property owner and other appropriate parties to the closing. H. Three days after closing the HRA will issue a Notice to Proceed to the accepted contractor(s). CONTRACT PERFORMANCE A. The Notice to Proceed allows the contractor 90 days to complete, except that weather dependent work on projects where the notice to proceed is issued too late in the building season will allow additional days as determined by the HRA. Change Orders arc required to extend ALL contracts. Change orders to the contract: 1. Require the signatures of the: • a. Homeowner 15 �� ,� b. Contractor •C. HRA Housing Program Coordinator d. The Housing Inspector, and e. The Project Director 2. Will be allowed only for the following reasons: a. To rectify hidden deficiencies that are discovered once the work has begun b. To change a approved work specification due to unforeseen difficulties arising after the work has begun that force a delay C. To address a deficiency that was inadvertently dropped from the project during project packaging d. The work is weather dependent and weather conditions have not allowed the completion of the work. e. The homeowner preferred contractor is too heavily committed to perform the work within the allotted time and the contractor requests an extension • along with a work schedule acceptable to the homeowner and HRA. f Unforeseen difficulties develop with the approved work and forces a delay. 3. Any additional Owner Match funds will be required to be deposited in an escrow account. B. Interim inspections may be performed by the HRA or Mid - Minnesota Development Commission to monitor work progress and quality of workmanship. C. If a dispute arises between a property owner and a contractor, the HRA Housing Rehabilitation Coordinator will advise the property owner and contractor to resolve the issue according to the contract and work specifications. If a clarification of the contract and specifications is needed, the HRA Housing Program Coordinator will render an opinion based on the facts presented and the contract. If a solution cannot be found, either party may then appeal the HRA Loan Review Committee and the Project Director - their decision will be final. D. A contractor's contract may be terminated for any of the following reasons: 1. Poor work performance on the job site and the demonstrated inability to rectify the poor workmanship. The cost of repairing poor workmanship shall be • deducted from any amount owed to the initial contractor for work completed. 16 C, 2. Causing undue damages to a homeowner's property and the inability or • unwillingness to correct the damages. The cost of repairing the damages will be deducted from any money owed the contractor for work already completed. 3. The contractor lacks sufficient insurance coverage. 4. The inability of the contractor to perform the work within the allotted time. 5. Irreconcilable and unreasonable differences between the contractor and the property owner. 6. The contractor requests to be removed from the contract. There will be no penalty associated with this request as long as the request is made within 30 days of receiving the Notice to Proceed. 7. Contractors who are removed from a contract shall be removed from the approved contractor's list and shall be prohibited from being awarded any contracts with this program until such time as the problem has been corrected and HRA might reinstate their approved status. PAYMENT A. All contractors will agree to the payment schedule contained within the contractor's • application, which is as follows: 1. No pre - payments are allowed for any reason. 2. Partial payments will be allowed only for completed portions of the project. 3. Payments will be made only after the work is completed according to the specifications contained within the Scope of Work and meets with the approval of the applicant and the HRA after inspection. 4. Payments will be made only upon presentation of the following documents: a. Billing statement b. Lien waiver C. Sworn Construction statement d. Completion Certificate e. Lead Clearance • 17 (_') PROJECT FILES A. The Housing Rehab Coordinator shall maintain files on each applicant throughout the • duration of the project. Those files shall include the following: Section A - File Checklist 1. Homeowner Application 2. Property Presentation Form/Approved by HRA Loan Review Committee 3. Application and Rehabilitation Process Form 4. Income Verification Form a. Employment Verification b. Second Employment Verification C. Self - employment Income d. Bank Verification e. UI/General Assistance /AFDC Grant Verification f. Social Security Verification g. Pension/Retirement Verification It. Child Support • 5. Historical Society Clearance 6. Property Tax Verification 7. Title Verification Form 8. Property Insurance Verification 9. Photo Release Form 10. Lead Based Paint Statement/Lead Based Paint Assessment Requirement 11. Property Owner Conditions 12. Property Inspection Completed 13. Guidelines for Subordination Requests 14. Fair Housing Certification Form 15. Eligibility/Non- Eligibility Letter • 18 5. Completion Certificate 6. Lien Waiver 7. Field Inspection Report • Section B - File Checklist • 1. Change Orders (if applicable) 2. Specifications for Rehabilitation (Notice to Bid) 3. Notice to Proceed 4. Contractor/Property Owner Agreement/Property Owner Conditions 5. Contractor Award Notice 6. Contractor Non -Award Notice 7. Proposal Form/Bid Specification 8. Copies of Proposals Received 9. Bid Tabulation Section C - File Checklist 1. SCDP Deferred Loan Mortgage and Repayment Agreement • 2. Documentation of Non -SCDP Finances (if applicable) • Escrow Agreement for Owner Match 3. Notice of Right of Recission 4. Truth in Lending Statement Section D - File Checklist 1. Preconstruction Confererence Report 2. Notice to Proceed 3. Contractor Payment Request 4. Sworn Construction Statement 5. Completion Certificate 6. Lien Waiver 7. Field Inspection Report • Section E - File Checklist • 1. Owner Evaluation 2. Lead Clearance 3. Hazard Reduction Completion Notice 4. Copy of Filed Repayment Agreement B. Copies of forms as appropriate are appended. C. HRA at its option may accept documentation and verification from other agencies working with the same applicant. Other agencies at this time are: 1. MHFA 2. Heartland 3. Rural Development 4. Southwest Minnesota Housing Partnership APPEALS A. If an applicant/property owner's application is denied for any reason or is dissatisfied with the level of assistance received, the following procedure is to allow for a • standardized appeal/complaint process for all applicants of the Small Cities Development Program. B. In the event of denial or a complaint, the applicant/complaint: Will be informed of the appeal process. 2. Will be given a copy of the appeal process. 3. Will be given a written notice clearly stating under what condition that the application was denied. C. The applicant who wishes to appeal the denial of benefits must submit their appeal within 14 days of receipt of denial either orally or in writing to the Housing Rehab Loan Coordinator. That appeal must state: The reason(s) for the appeal. 2. Information that the applicant believes is pertinent to the appeal. D. If the applicant is not satisfied with the decision of the Housing Rehab Coordinator, an appeal may made in writing to the Project Director, within 14 days of decision by the • Housing Rehab Coordinator. The Project Director shall review all written appeals with the HRA Loan Review Committee. 20 W 6 1) E. Further appeal may be made to the HRA Loan Review Committee by appearing in person • before the committee. The Project Director shall respond to the applicant in writing within 15 working days of appearing before the committee: The results of the review An explanation of the findings 3. The next step the applicant can take if not satisfied with the response F. If the applicant is denied assistance by the HRA Loan Review Committee; final appeal may be made to: Minnesota Department of Employment and Economic Development I' National Bank Building 332 Minnesota Street Suite E 200 St. Paul, MN 55101 -1351 GENERAL CONDITIONS A. No project may be started until: 1. Grant dollars are made available • 2. The program is officially up and running 3. The application process has been approved 4. HRA/140 eow' her has issued a Notice to Proceed B. Any work done on a project prior to these steps will mean that part of the project is ineligible for funding. C. The proceeds received from the repayment of Rehabilitation loans originated SCDP funds will go into a revolving loan fund to provide funds for rehabilitation projects on an ongoing basis. AMENDMENTS A. These procedural guidelines may be amended in whole or in part or supplemented by the Hutchinson Housing and Redevelopment Authority as deemed appropriate and/or needed and will be effective on the date of issue. 0 H: /HRA /DTED & SCDP Programs /2007 SCDP Franklin GroveTrocedural Guide 21 (l 0 May 15, 2007 Hutchinson City Council 111 Hassan Street SE Hutchinson, MN 55350 Hutchinson Jaycee Water Carnival P.O. Box 624 Hutchinson, Minnesota 55350 To Hutchinson City Council: www. watercarnival.org The city parking lot at the comer of 15t Avenue and Hassan Street has already been reserved by Water Carnival for the entire weekend of June 15 -June 17, 2007. Is' Avenue has also already been approved to be closed that entire weekend. The police department has also indicated that they will help us as best they can to make the event a success. Thank you for your consideration • in moving the Water Carnival Friday night dance to downtown Hutchinson. Jared Martig Entertainment/Taste of Water Carnival Chair 2007 Water Carnival • CL �JJ • APPLICATION FOR PUBLIC DANCE PERMIT • FEE $50.00 (Vaena'a f�lpphs n JgreL Nlur h -7 V✓ 'n Gjf9UCi� NH t se MN s 53 5b ��'4'� 3 -y3� Qga�ixaitorri�%cre -'r ? r h U fCN 50VJu CeeS ltvofer Curniv4q Ad "dBf 53 ox 6 Z' � _ N chp'n M S5 320 - 5513 -y356 LQ �(�Q D n � +Cii"� q(±'hC PQv �[� ✓ti'f 'x'+ COrnir 0f- l��/YV(n48 and i495SQn iir P,21L f i fir' 1101 e f S 200 7 e 3: a p PIS) Date s� �� Has the location 6eert43okeCt Ye No Have you run rlanoes intr�tc[tmsoti'eto7 " G s Yes No Elsewhere Yes No 2� G Signature of Applicant 09199 L-�J� • u °W I l l Hassan Street Southeast Hutchinson, MN 55350 (320) 587- 5151/Fax: (320) 2344240 • • Short Term 3.2 Malt Liquor Fee: $100.00 City of Hutchinson APPLICATION FOR SHORT TERM 3.2 MALT LIQUOR LICENSE — ON SALE In provisions of the City of Hutchinson Municipal Code Chapter 112 All applications must be received at least 10 days before City Council Meeting in order to be considered 1l�nt Infonna an ufc6i'n5on Ja cees kusiness /Organization Name 326- X83 —y356 Phone Number PO o?_ 2`f RH }chinsan MN 5S BusinesslOrganization Address. p Nan — lrof ( City State zip e of Business/Organization Jared /t1A6t 320 -5-Y3 -'1356 Applicant Name Phone Number I3s Th rd Ave SE 0Ll +t n5on MAI 5- Applicant Address Ci State zip Offi s s the do usiness ' necegs ,list additiortal names on s oralesheet 11of Scof} Ziegler— Commodere Name Title 1` Anfkony C -trmr\ Ulce — (0MModarf Name Cl� ri5 l V I ke Title Pre5lden -�- Name Title 3.2 Malt Liquor Sales Information C Parkl!w Lo} 41 -Grnor o� IOAvem4f I- 4455ao 5t, Friday Jtune 15'/2-o0Z Location of Sales � . Date(s) of Sales Jored Alurl -ry- Address Contact P son The following items need to be completed and/or attached in order for the application to be processed: fill h Application fee paid in full (check or money order): ❑ yes ❑ no in full and ❑ no The above listed business hereby applies for a license to sell short-term 3.2 MALT LIQUOR for consumption "ON' those certain premises in the City of Hutchinson described above and to that end represents and state as follows: That said applicant is a citizen of the United States; of good moral character and repute; and has attained the age of 21 years; that he /she is proprietor of this establishment for which the license will be issued if this application is granted. That no manufacturer of such non - intoxicating malt liquors has any ownership, in whole or in part, in said business of said applicant or any interest therein. \ ��JJ City of Hutchinson Application for ShoriTerm 3.2 Malt Liquor License — On -Sale Page 2 of 2 • That said applicant makes this application pursuant and subject to all the laws of the State of Minnesota and the ordinances and regulations of said City of Hutchinson applicable thereto, which are hereby made a part hereof, and hereby agrees to observe and obey the same. Each Applicant further states that he /she is not now the holder of, nor has he /she made application for, nor does he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor. I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to inve 'gate the information submitted. S 1d D Signat e of authorized applicant Date approved ❑ denied Notes: I] Date C0 (j) • Hutchinson Area Health Care Memo to: The Honorable Mayor Steve Cook Hutchinson City Council Members From: Hutchinson Area Health Care Jim McKay, Ambulance Services Re: Hutchinson Area Health Care is requesting consideration for approval to purchase a new Type III Ambulance with acceptance of the bid from North Central Ambulance Sales and Service. Date: May 17, 2007 On Wednesday, May 9, 2007, bids were opened for the purchase of a new Type III ambulance. Invitations to Bid were sent to: North Central Ambulance Sales, Lester Prairie, MN Premiere Specialty Vehicles Inc., Fergus Falls Road Rescue Emergency Vehicles, St. Paul, MN • A bid was received from North Central Ambulance Sales. The other two companies did not submit a bid. Following is an analysis and recommendation for this purchase. Bid: North Central Ambulance Sales: $155,199.00 Less Ford Rebate 4,600.00 Less Trade -In of 1994 Ambulance 7.000.00 Net Bid: $143,599.00 Analysis North Central Ambulance Sales bid the Braun brand ambulance and met all the specifications that we had requested. Rationale Service: Proximity to service is very important to us. The dealer and service shop are located in Lester Prairie, MN with service and parts very accessible and timely. This is the Braun dealership for the six -state area • U 6K) • (MN, WI, SD, ND, IL, IA) so we feel fortunate to have them close to Hutchinson. They are a full - service dealer with all parts on hand. There have been numerous occasions when we have stopped in for a quick repair or part while returning to Hutchinson from a metro -area transfer. Also, North Central has been very accommodating in providing a loaner vehicle, if needed, free of charge if one of our ambulances needs major repairs taking a day or longer. This is very convenient for us. 2. Past Experience: Hutchinson Area Health Care has purchased and currently owns four Braun ambulances that were obtained through North Central Ambulance Sales. We have experienced a positive working relationship with this company. The fact that they are located so close to Hutchinson is a big plus. 3. Reputation: Braun has long been recognized in the industry as one of the highest quality ambulances on the market. Area services that use this brand and dealer include Allina, North Memorial Medical Center, Ridgeview Medical Center, Edina Fire Department, Glencoe Regional Health Services, Buffalo Lake and Silver Lake. 4. Consistency: Our four current ambulances are Braun. These ambulances are designed similarly with respect to cabinet location, emergency lighting operation, and equipment location. This makes patient care safer and more • efficient since personnel can utilize each ambulance in a similar manner. Recommendation The recommendation is to accept the bid from North Central Ambulance Sales based on the fact that they met all our specifications, the ambulance will be consistent with current ambulances, they are in close proximity for service, and we have experienced positive business dealings with them in the past. The request for approval was presented before the Hutchinson Area Health Care Governing Board on Tuesday, 5- 15 -07. Motion was made by Mr. Fortun, seconded by Ms. Ristau to approve the Type III Ambulance bid from North Central Ambulance Sales and Service. All were in favor. Motion carried. 0 l� �X� 0 • • �� I I I Hmsan Street Southeast Hutchinson, MN 55350 (320)587- 5151/Pai,N (320)234 -4240 City of Hutchinson APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS Application Type (choose one) ❑ Solicitor $100.00 ❑ Transient Merchant $100.00 ❑ Peddler $100.00 Aparade Peddler $25.00 2" X 2' Picture Required Date of Application Datc(s) of Sale C�:���',F•!�" �, - ?�., Name: —. F` %�✓�/ �J!'.!:..?_r1 _- -- Height S / / Weight: Eye Color: Driver's License Number: State: r'y.-! Permanent Address: Y_ / (w). Sioie (! /J Permanent Telephone: Temporary Address: , ; rz Clh —... _ S'm!e Temporary Telephone Access: misdemeanor, or violation of any municipal ordinance, other than traffic violations? ❑ yes -�P'no 11-yes, state the nature of offense and Punishment m penally assessed therefore: • 0 1] City of Hutchinson ApplOcation for Peddlers, Sollcitors, and Transient Merchants Page 1 of 4 Ucation information r Q f Location Name Location Address Ciry State Zip Hnsinass Information, ' Describe relationship between applicant and employer: 5'L'%F QMDLpO�a Describe nature of business and describe item(s) offered: Q,Li,o,iA %;ze5 44-cllee S" 41OG19 OO �q�ALL� �PL{fOi GCSth9 �r►o6�` rte. �5 crSi��� Describe method of delivery: �dl/Jt ��sgl� Des 1 source of supply: j� Z61S' Suppl er Name Suppler Phom Number { / / Supplier Address City State Zip Supplier Name Suppler Phone Number Supplier Address Ciry State Zip Supplier Name Suppler Phone Number Supplier Address Ciry Smte Zip Provide two S2) property owners (preferably in McLeod County) for character references: t Property Owner Name Property Owner Phone Number Property Owner ddress City State Zip 7Y3 Property Owner Name Property Owner Phone .Number b 00 • • City of Hutchinson Application for Peddlers, Solicitors, and Transient MerchaWs Page 3 of 4 P-efeTencq Infomtatiorl ciontipued List last (up to ee (3)) previous city(ies) where you carried on same activity: !JU a ne 6 — city � � to Date(s) of Activity Sf r7x/Zc1 5 fizrA�� M N Z2 to n City State Date(s) of Activity Clry State Date(s) of Activity cnecxnsg The following items need to be completed and/or attached in order for the application to be processed: Application/Investigation fee paid in full (check or money order): VLyes ❑ no Application completed in full and simed: U] *es ❑ no I hereby certify I have completely filled out the entire above application and that the application is true, correct, and accurate. I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. 's Signature Police ❑ approved ❑ denied Notes: City Council ❑ approved ❑ denied Notes: H n..VA�rutmnve�dlu, sokw. T.i� .aoo 5 -7 Date � CL> MEMORANDUM To: Mayor and council From: Doug Johnson Date: May 22nd 2007 RE: Compoliing at County Fair Creekside Soils Creekside Organle Material Prooesdng Faef ty 1500 Adams SL SE Halchfts , MN 55350-7011 320587 -6762 / Fax 324D- 2345649 This memorandum will serve as a request to allow Creekside to participate with Mcleod county and Waste Management in providing • services for composting and recycling at the 2007 Mcleod county fair. The attached information gives you the outline of what will be provided and who will be responsible for those services. I recommend approval of this request. (ff,) 0 n U Event Recycling Containers Purpose: To recycle and reduce the volume of trash generated at area events. 0 Use: McLeod County will use and loan out containers and bags to area event organizers primarily for the collection of aluminum and plastic recyclables. All collected recyclables will be processed, and revenues generated by processing retained, by the McLeod County Material Recovery Facility in exchange for the use of event containers. Ten green containers will be purchased to be interchangeable between paper recycling and composting depending on the events needs and/or requests. Clear Stream Recycling Containers -Sixty collapsible collection containers -Solid Plastic Lid - Colors available are blue & green -12 Ibs ea. - Decals Included 50 -Bottle & Can Recycling (Blue) 10- Composting (Green) Green Compostine Clear Stream Containers McLeod County Fair Locations • County Diner • 4-H Diner Monitors • McLeod County Volunteers • Diner /4 -H Staff Servicing • WM provides 96 gallon carts for storage • Daily Pick -up on week days • McLeod County Solid Waste will provide a basket for weekend collection for delivery to Creekside. C� TO BE PUBLISHED IN . HUTCHINSON LEADER TUESDAY MAY 8, 2007 Publication No. 7588 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that a public hearing will be held on Tuesday, May 22, 2007, at the hour of 6:00 p.m. in the Council Chambers of Hutchinson City Center for the purpose of Issuing an On -sale Intoxicating and Sunday Liquor license to American Pastime Barbeque & Sports Tavern, LLC, applicant, to sell liquor at a restaurant located in Cornerstone Commons, Main Street, Hutchinson, Minnesota. This hearing will be held by the City Council of the City of Hutchinson. At such hearing, all persons interested may be heard. • Gary D. Plotz City Administrator • � CA> 0 11 r 1 LJ `I 2.. MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Chief Daniel Hatten FROM: Sgt. Chris Dobratz DATE: May 3, 2007 RE: On -Sale Intoxicating Liquor License Application As of today's date, I have completed the background investigation on Mr. Paul Leindecker. Mr. Leindecker has applied with the City of Hutchinson for an On -Sale Intoxicating Liquor License for American Pastime Barbeque and Sports Tavem, LLC in Hutchinson, MN. During the course of this investigation, I did not discover anything in Mr. Leindecker's background that would disqualify him fron Aibtaining this license. " If you need any further information regarding this matter, please oorttact me at your earliest convenience. (0� APPLICATION FOR ON -SALE INTOXICATING LIQUOR LICENSE This form was prepared by the City of Hutchinson and the Minnesota • Bureau of Criminal Apprehension, Department of Public Safety, pursuant to Minnesota Statutes, 1976, Section 340.13, for purposes of back- ground investigation. It does not supercede any laws, rules or regulations of the Division of Liquor Control regarding the issuance of liquor licenses. Failure to provide information requested may result in denial off the application. 1. Al'�'6;e4R L -f"G�S��k.��Q1 ��JC' (i'.�,ll {�.� ILCJPf� Trade Name 7- Date of Application 2. Licensing Period 3. Type o Application: New � Renewal FI Transfer 4. cam/ ��yy�p 3c.a- SZ3 -Ia T Name of Applicant Phone 5. ICX Home Address 6. Citizenship: 7. Co �+O. S. /c- �,4� o. � i iJL - (5'- Place of Birth Date of Birth 8. Address of Business Location 9. L1J'I- llOG (_OrUlft'S')-O�e List owners of building or premise to be licensed= �•rJ iylE'�'L>rnoHS. `�-- 11. List all partners, officers or directors, if corporation: Address Date of Birth 73" Ai.i4 /n ke. lku�illNarMJ A Zi4 �IN�rKY LonC �;ka3 (bi41+�`+� I�Z �iO3ZlP 12. Prior experience in this type of business= //r��e- -•+; �� X �Gni/� a 13. Present ownership in any other liquor establishment: 14. ownership in any other restaurant or food business: 15. Three Business References: S %d�'�SG>bi° �' �-npf>t�'" 3Zn -z1Y "g 8:/6 �d>+✓d �,v,..ieDrb° - ��Ces4�`tS ra .K- 8$�- � �P'Z - °/G.k -S� a °/ 16. rvl� YI't � -- Corporate or Partnership Title -WA) 17. 1/4 Ajj ti', , ap � AN SS Corporate or Partnership Address • 18. If this is a transfer application give name, address, of persons, partnership or corporation holding license for the past year. 19. Who owns the bar /tavern fixtures? 4011 -f; eu 74I.4 1r _Ij� CL ('I s Jg,re, 1, L(, 20. Are you a Minnesota resident? ® Yes ❑ No Frol To If not, where resident? Dates of Residency 21. Residential Address during Past Five (5) Years: /OX, W. 'rl/i.H! /fv-' ^,e, zlyl//, X,) 22. Three Personal References: srzry��iscm�- Lt..ftc✓�iIK ,S- o-Z: /5�����6 !>ic.c M/ ?i��- ly�//�JJ®6e2s.,�/�J°cn4GY.Pcz'i�- 3Z� -S8 ?-2331 23. Employment for the Past- Five Years: 24. Any Convictions Other Than Minor Traffic:b 25. This application must be accompanied by detailed statement of net worth and last year's tax return and statement of method of payment for business, fixtures and inventory.. 26. Applicant, and his associates in this application, will strictly comply with all the Laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor, rules and regulations promulgated by the Liquor Control Commissioner; and all ordinances of the municipality, and I hereby certify that I have read the fore- going questions and that the answers to said questions are true of my own knowledge. I further understand that an investigation fee not to exceed $500.00 shall be charged an applicant by the city or county if the investigation is conducted within the state, or the cost not to exceed $10,000.00 if the investigation is required outside the state. I further understand the ordinances of the City of Hutchinson regarding the operation of on -sale liquor licenses and agree to abide by them. Signature of Applicant Subscribed and sworn to before me this MALLAN M. CR*MBM pBBUC- ONEN lic�f4M++n My Commission Expires: �qK 3f_,_ )� ! (CA) anya Finken ruce Moseng Bruce Marcus • • 831 North 4'° Avenue, Melrose MN 56352 240 Jennifer Lane, Suite 103, Cottonwood, Arizona 86326 7675 I-Onry 12/. w11(WIAr Mfj 61,7_O( -� CC> City of Hutchinson Public Art Policies and Procedures Latest Update: 4/24/2007 • Table of Contents 1. Purpose, Goals and Values 2. Scope 3. Responsibility and authority 3.1 Commission 3.2 Fiscal Management 3.3 Risk Management 3.4 Conflict of Interest 4. Financial Resources 5. Processes 5.1 Project proposal 5.2 Project evaluation 5.3 Process for acceptance 5.4 Execution of approved project 5.5 Validate completed as authorized 5.6 Gifting, transfer of ownership 6. Guidelines and Standards 6.1 Public Art and Memorial Guidelines 6.2 Criteria for Review 7. Maintenance 7.1 Removal of Pubic Art and Memorials n U • Page 1 of 8 City of Hutchinson Public Art Policies and Procedures Latest Update: 4/24/2007 Section 1. Purpose, goals and Values i Statement of Purpose The purpose of this policy is to encourage the display of public art in the City of Hutchinson and to provide a mechanism for the inclusion of public art and memorial structures throughout the city primarily in parks and open spaces. Public art can play a vital role in transforming the community into a destination. Public art can also acknowledge and celebrate the City's history through commemorative art, memorials, and interpretive projects. While public art and memorials may enrich a park experience for park users, public open space is also a very precious commodity. New structures should be carefully reviewed to balance these two public benefits. Purpose, Values, and Goals The mission of Hutchinson's Public Arts Commission is to enrich the lives of local citizens and visitors by strategically integrating public art into City planning, services, design and infrastructure. The following values and goals shall guide the City in making decisions regarding public art Project committees, panels, the Hutchinson Public Arts Commission, and other interpreters of these goals and values shall apply them as appropriate to each project, artist and City neighborhoods. Review criteria for all policy areas of public art shall be based on these values and goals. Encourage excellence in urban design and public arts: • Enhance the aesthetic environment of public places with the City through engaging, unique and high quality public artworks • Insuring consideration of aesthetic issues in local decision making • Recruitment of qualified artists • Strengthen community identity, place, and assets: • Build awareness of community history, "Minnesota's Hometown" image, cultures and landscape • Develop artworks that are integrated into City building and streetscapeldevelopment projects, and are compatible with their settings • Encourage building architecture to be consistent with the character of the area. • Build Hutchinson to be recognized as the regional cultural center Contribute to Hutchinson's health and vitality: o Promote Hutchinson as a community that provides its citizens with high quality of life o Entice visitors to Hutchinson as a popular art destination o Develop mechanism for encouraging partnership with and among the City's neighborhoods, commercial areas, and City's culturallheritage organizations o Provide places for art (river, parks, gardens, architecture, facilities, streetscapes, trails, roadway, and art- related enterprises) o Promote space provisions for artists o Develop and maintain safe artworks Involve a broad range of people and communities: o Enable opportunities for all citizens, neighborhoods, and organizations to participate in the planning, creation, and equal access to the cultural experiences and artworks o Preserve and celebrate the City's diversities of neighborhoods, ethnicity, race, age, religion, and gender. o Provide pedestrian - friendly neighborhoods Value artists and artistic processes: • Provide a range of creative opportunities for artists with a varying degrees of experience • Ensure the ongoing integrity of artworks and respect the creative rights of artists • Always involve artists directly in the concept, design and creation of artworks • • Ensure budgets adequately support artists and the creative process Use resources wisely: Page 2 of 8 City of Hutchinson Public Art Policies and Procedures Latest Update: 4124/2007 • • Develop and manage projects in a cost- effective manner • Use City funds to leverage private investment in public art and use public art to leverage private investments in other city ventures • Secure and utilize the various funding sources available for public art program. • Encourage charitable donations to the Pubic Art Program. Section 2. Scope The public art policies and procedures pertain to artwork commissioned through Hutchinson's Public Arts Commission, as well as to gifts and donations of public artwork to the City. They also apply to the planning, purchasing, commissioning, handling, conservation, maintenance, and obsolescence of public artwork under the jurisdiction of the City. Any agreements the City of Hutchinson develops with site owners, site managers, and other partners for public art projects shall be consistent with these policies. The scope of these policies shall be revisited periodically and will be a topic of ongoing discussions between the Public Arts Commission, City Council and the independent boards and commissions of the City. The breadth of what public art can reach is vast. It can be composed of bronze, brick, steel, water, or fabric; it can be a mural, sculpture, park bench, banner, or imprint; it can be colorful or subdued, interior or exterior, monumental or diminutive, utilitarian or decorative, it can be integral with public works projects or a stand -alone piece of art. Section 3. Responsibility and Authority 3.1 Commission Structure o Public Arts Commission (PAC) approved meeting minutes must to get filed with the office of the City Administrator. Published agendas may be developed but are not required. o The commission serves as an advisory to the council. • o Commission does not require its own By -laws. o New members are recommended to be on a commission (not voted on). The Mayor appoints and the council ratifies. o The PAC shall be comprised of 5 -7 members and includes an appointed ex- officio serving on terms of 3-6 years and no more then two consecutive. It is recommended to staggered member terms. o Commission officers include; Chair, Vice Chair, and Secretary. o Residency not required to serve on commission. o If the commission is bringing an ordinance or resolution to the council, it needs to be submitted to Melissa 8 days prior to the Council meeting for Topic, and 6 days prior for supporting documentation Rebecca... restate this line. 3.2 Fiscal Management The Hutchinson PAC will have the ability to "pool" public arts funds to ensure it is directed toward projects with greatest visibility, or to projects with the greatest need for aesthetic design treatment. The direction of funds toward specific projects will result in a program that truly addresses both the public art and the larger goals of the community. NOTE: Get recommendation from Marc S on how the funds should be set aside. 4.4 Risk Management The artist shall provide and maintain policies of comprehensive general liability insurance in specified amounts to be determined by the City covering the period from which the art is being installed until the final acceptance by the City. The City will be named as additionally insured on all insurance policies. The following points should be considered: • To reduce the City's liability, fabrication will be done off -site whenever possible; The engineer who signs off on the artist's drawings must verify that the final artwork has been built to specifications by inspecting the artwork after installation; Page 3 of 8 City of Hutchinson Public Art Policies and Procedures Latest Update: 4/24f2007 The artist is responsible for providing general liability insurance when the artwork is in transit, being delivered, and installed. The artist is responsible for damage to the artwork until installation on city property. 4.5 Conflict of Interest Any member of the PAC with a connection or interest in one of the artists or pieces of art must disclose this conflict of interest. NOTE: Need approved ordinance Section 5. Financial Resources Success for any public art program is determined, in a large part, to the reliability and depth of funding. In Hutchinson, funding for the public art will be a blend of private and public funding systems. The mechanism to offer that sustained level of monetary resources will be a portfolio of sources which, in aggregate, will create viable and long -term resources to fund and proliferate public art in the Hutchinson community. Some of the sources of funding for the PAC may include: • A percent of the City's budget spent on public projects NOTE: Marc comment on ordance • A line item or other funds allocated by the City's budget approved by the City Council each year. • Initiatives to encourage private development projects to dedicate a percentage of overall budgets to public art. • Percent of public site fee for new development (public site trust fund). • Other contributions and gifts by corporation, foundations or private individuals. Examples include: Donations of artwork or material goods Grants: • National Endowment for the Arts • Access to Artistic Excelllence- cultural based projects, commissions and public art • Save America's Treasures- Preservation of Historic Register properties. • Americans For The Arts • Jerome Foundation • SMAHC • Has programs for both Commission and individuals • McKnight Foundation • State Arts Board • Public Art Review Valspar program Minnesota Percent for Arts Program Local foundations, Hutchinson Area Foundation, Burich Foundation County Tax Project for Public Spaces (www.pps.org) Section 5. Processes To encourage development and installation of projects and specific art works, and to meet the objectives as established in the "Purpose, Values, and Goals ", it shall be the policy of the Commission to evaluate prospective works by the processes described in this section. The Commission will maintain a prioritized . list of projects and opportunities and will routinely monitor project's in- process, public voice, and take Page 4 of 8 City of Hutchinson Public Art Policies and Procedures Latest Update: 4/24/2007 • appropriate actions to resolve conflicts and /or disparities. The Commission will maintain an inventory log of the City's Public Art. 5.1 Project proposal Authors must fill out the Public Art Commission Proposal Form and presentation to PAC. The information shall require these details: • A photo or drawing of the structure. • Appraised value of the structure and proposed funding sources. • Description of materials used to create structure including materials needed to display /secure the structure. • Dimensions of structure including appropriate base materials needed. • Description, including materials, dimensions, wording and location, of interpretive signage for the structure. • Statement regarding relationship to proposed site including aesthetic, cultural, or historic ties. • Statement of probable lifespan of structure and annual maintenance needed to maintain structure integrity. • Statement as to whether the work is unique or duplicates other work by the same artist. • Statement regarding the significance of the person or event to be memorialized in relationship to the community and to the proposed site. (Memorial proposals only) • Proposed construction methods 5.2 Project evaluation by PAC Preliminary evaluation by Public Arts Commission will be based on guidelines, standards, criteria, and public benefit. Artwork and memorial structures may be acquired through donation, open competition, invitational competition or direct selection. • The proposal will be reviewed by City Departments and private land -owners (if applicable) for endorsement. • PAC will make a Conceptual presentation to City Council 5.3 Process for acceptance Each proposal will be announced to the public at the City Council meeting as the Public Review, followed by a Comment Period of 30 days before any action is taken by PAC. A final presentation is made by PAC to the City Council for approval to proceed. 5.4 Execution of approved project 5.5 Validate project is completed as authorized Approved design concepts must match the final product. 5.6 Gifting, transfer of ownership Absolute ownership and control of the art or memorial structure must pass to the City, including all drawings, proposals, sketches, and other conceptualizations of the art or memorial. All intellectual property rights, including patents, copyrights and moral rights must be assigned to the City. The applicant artist or donor shall waive all intellectual property rights, including moral rights, to the art or memorial structure. NOTE: Get recommendation from Marc on how to document the transaction. Section 6. Guidelines and Standards Page 5 of 8 City of Hutchinson Public Art Policies and Procedures Latest Update: 4124/2007 To encourage development and installation of projects and specific art works, and to meet the objectives as established in the "Purpose, Values, and Goals ", it shall be the policy of The Commission to evaluate prospective works on the following bases: The overall goal is to bring quality public art to Hutchinson which is tied to local events, people, history and cultures and contributes to the visual beauty of the city. 6.1 Public Art and Memorial Guidelines All art and memorial structures must comply with applicable statues such as the Uniform Municipal Contracting Law, environmental laws, and disability/accessibility laws. In addition, all art and memorial structures must meet the following guidelines before being considered for placement in a City-owned park or open space: Donations will not be accepted where a condition of donations requires permanent exhibition. In the judgment of the majority of PAC and the City Council, the structure must be appropriate for display to the general public. Donations that require the City to pay installation, framing, restoration, or repair are not encouraged. Artist or provider may request a specific site. However, each placement will be evaluated based upon suitability of the structure for the site. PAC will make a recommendation to the Council concerning an appropriate site for each structure. Memorial Bench locations shall be identified by the Hutchinson Parks Department. In the event new locations are not needed, the Department may allow the memorializing of an existing park bench. The memorial identification marker will consist of 8X16 inch granite paver. 6.2 Criteria for Review • PAC will make a recommendation based upon the following criteria: • The proposed structure should be compared with the artists' best work and the best works in the City collection. The acquisition should strengthen, rather than dilute the City's collection. • If the structure is to be erected outdoors, the physical condition of the structure should be considered in terms of durability in an outdoor setting. Any requirements for immediate or future conservation should be noted. • The structure must add interest and meaning to the environment in which it is placed. It must be compatible in scale, material, form and content with its surrounding and form an overall relationship with the site. Structure must conform to any existing Master Plan for the site. • The structure must have social, cultural, historical and physical context to the site, both existing and planned. • The City's overall collection shall strive for diversity in style, scale, media, and artists. There shall be encouragement of exploratory types of work as well as established art forms. • In addition to the criteria for a piece of art, memorials will be judged on the significance of the person or event being memorialized in relation to local social, cultural or historical context and must represent broad community values. • Structures whose messages are exclusively religious in nature will not be accepted. • Structures whose messages are exclusively political in nature will only be considered if the political message is of a historical context. • Overall artistic merit, creativity and vision (originality, ambition, connection with people and region, technical competence and craftsmanship). • Message and content acceptable to generally accepted community standards • Preference given to work created by local and regional artists. • Professional background and demonstrated ability of the artist. • Pertains to local people, history, events, and cultural & ethnic heritage or related to location. • Support and collaboration for the project. • • No conflict of interest with funding sources. • Clear title of ownership Page 6 of 8 City of Hutchinson Public Art Policies and Procedures Latest Update: 4/2412007 16 o Must meet State Staturoty requirements (465.03 • Avoid over - representation by any one artist. • Prioritized list of sites and localities • Public safety • Works of art, in this context include: Sculptures Painting, murals Graphic arts Mosaics Photography Fine crafts Mixed media Fiber and textiles 462.356) and City Codes and Ordinances. • Artwork should not block windows or entranceways, nor obstruct normal pedestrian circulation in and out of a building (unless such alterations is specifically a part of the experience or design of the artwork). • Art should not be placed in a given site if the landscaping and maintenance requirements of that site cannot be met. • Art should be sited in a location where it will be visible by the most people. • Art should be placed in a site where it will enhance its surroundings or at least not detract from it (creating a blind spot where illegal activity can take place). • Art should be sited where it will create a place of congregation or in a location that experiences high levels of pedestrian traffic and activity. • Art should be located in a site where it will effectively enhance and activate the pedestrian and streetscape experience. Indoor on -side locations for public art projects includes, but are not limited to: Walls Ceilings Floors Windows Staircases Entrances and exits Rooftops Outdoor locations for public art projects could include, but are not limited to: Parks Plazas Along roadways, traffic islands, or medians Bridges Historic places or landmarks Benches and areas of congregation Garden and landscaping projects Section 7. Maintenance Public Art maintenance fund shall be established from a percen of all revenues dedicated by PAC projects. Cost of on -going maintenance and repair anticipated throughout the lifespan of the structure must be planned for and fall within normal budget allocations. 7.1 Removal of Public Art and Memorials Page 7 of 8 \ City of Hutchinson Public Art Policies and Procedures Latest Update: 4/2412007 The City shall remove and dispose of works of art and memorials in its collection when it finds such action to be in the public interest based upon the following: As a means of improving the quality of the City's collection o The structure has no relevance to the collection or serves no exhibition function. o The structure has a duplicate in the collection. o The structure no longer meets the current standards for public art and memorials. Due to concerns for public safety when a structure becomes a hazard or a public liability. The structure is in a seriously deteriorated condition. Removal should not be based on current fashion or taste. Attention should be paid to maintaining a collection which forms a continuum of the City's visual art history. Recommendations for removal shall be made to the PAC who will then make a recommendation based upon the public benefit of the action to the City Council for final approval. Each request for removal will be announced to the public at a PAC regular meeting and then made available for public review and comment at Hutchinson City Hall for a minimum of 30 days before action is taken by PAC. Once approval for removal is granted, the structure shall be disposed of in accordance with Minnesota Statues Chapter 471. • Page 8 of 8 MEMORANDUM • DATE: May 16, 2007 for the May 22, 2007 City Council meeting TO: Hutchinson City Council FROM: Rebecca Bowers, AICP, Planning Director SUBJECT: Wind Energy Conversion Systems (WECS) Ordinance Request: Adoption of ordinance 07 -0463 creating Section 154.26 of the Zoning Ordinance to establish regulations for the installation and operation of wind energy conversion systems (WECS). (Tabled from April 24, 2007 meeting.) Background: On June 27, 2006, the City adopted a 1 -year moratorium on privately -owned wind and solar energy generating systems to allow time for the City to conduct research and develop land use controls for these uses. On January 23, 2007, an informational workshop on wind energy was held by the Council and Planning Commission with Windustry staff as a guest speaker to provide background information on wind energy. The proposed ordinance addresses regulations for WECS only. Staff will develop a less intensive ordinance amendment with revisions to the Zoning Ordinance to allow solar power systems. is The Planning Commission held a public hearing on the proposed ordinance at their April 17" , 2007, meeting. There was no comment from the public. The Commission discussed the ordinance, including the definitions, standards, setbacks, and the districts where a turbine could be constructed. The Commission discussed that properties that are suitable for WECS would be limited due to the size of lot required to meet the setbacks. Also discussed was the rationale of allowing WECS in R -1 and R -2 districts. Staff stated that R -1 and R -2 was included to allow large -sized residentially zoned properties and community uses such as schools and churches that are typically located in R -1 and R -2 districts. Afterdiscussing the ordinance, the Planning Commission unanimously recommended approval. At the April 24"' Council meeting, the Council tabled consideration of the ordinance with direction to staff to add provisions from the Mason City ordinance that address shadow flicker, insurance, and right of entry. Proposed Changes: Provisions have been added to address shadow flicker, insurance, and right of entry. Staff also revised the procedures to require a conditional use permit (CUP) for all zoning districts that allow WECS to provide a procedure for the new "right of entry" provision. The previous version allowed WECS with site plan approval, rather than a CUP, for 1 -1 (Light Industrial) and 1 -2 (Heavy Industrial) zoned properties. Is Recommendation: Adoption of the attached ordinance establishing the wind energy conversion systems (WECS) Ordinance. ILa) n ORDINANCE NO. 07- 0463 AN ORDINANCE AMENDING CHAFER 154 (ZONING) OF THE HUTCHINSON CITY CODE TO CREATE SECTION 154.26 ESTABLISHING REGULATIONS FOR THE INSTALLATION AND OPERATION OF WIND ENERGY CONVERSION SYSTEMS (WECS) THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Notice of public hearing was duly given and publication of said hearing was duly made to appear to the satisfaction of the City Council that it would be in the best interests of the City to amend the Zoning Ordinance to create Section 154.26 of the City Code to establish regulations for wind energy conversion systems as follows: 154.26 Wind Energy Conversion Systems (A) Purpose: The ordinance is established to regulate the installation of Wind Energy Conversion Systems (WECS) within the City of Hutchinson, not otherwise subject to siting and oversight by the State of Minnesota. (B) Interpretation, Conflict and Separability: 1. Interpretation — In interpreting these regulations and their application, the provisions of these • regulations shall be held to be the minimum requirements for the protection of public health, safety and general welfare. These regulations shall be constructed to broadly promote the purposes for which they are adopted. 2. Conflict - These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law except as provided in these regulations. If any provision of these regulations that impose restrictions different from any other ordinance, rule or regulation, statute or provision of law, the provision that is more restrictive or imposes higher standards shall control. 3. Separability — If any part or provision of these regulations or the application of these regulations to any developer or circumstances is found invalid by any competent jurisdiction, the judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall be rendered and shall not affect or impair the validity of the remainder of these regulations or the application of them to other developers or circumstances. (C) Enforcement, Violations, Remedies and Penalties - Enforcement of the Wind Energy Conversion System Ordinance shall be done in accordance with process and procedures established in the City of Hutchinson Zoning Ordinance. (D) Definitions: WECS - Wind Energy Conversion System: An electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations and • meteorological towers, that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on -site or distributed into the electrical grid. 1 9 (a) Aggregated Project: Aggregated projects are those which are developed and operated in a coordinated • fashion, but which have multiple entities separately owning one or more of the individual WECS within the larger project. Associated infrastructure such as power lines and transformers that service the facility may be owned by a separate entity but are also included as part of the aggregated project. Commercial WECS: A WECS of equal to or greater than 100 kW in total name plate generating capacity. Non - Commercial WECS:A WECS of less than 100 kW in total name plate generating capacity. Fall Zone: The area, defined as the furthest distance from the tower base, in which a guyed tower will collapse in the event of a structural failure. This area is less than the total height of the structure. Feeder Line: Any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electric power grid, in the case of interconnection with the high voltage transmission systems, the point of interconnection shall be the substation serving the WECS. Meteorological Tower: For the purposes of this WECS ordinance, meteorological towers are those towers which are erected primarily to measure wind speed and directions plus other data relevant to siting WECS. Meteorological towers do not include towers and equipment used by airports, the Minnesota Department of Transportation, or other similar applications to monitor weather conditions. Property line: The boundary line of the area over which the entity applying for a WECS permit has legal control for the purposes of installation of a WECS. This control may be attained through fee title ownership, easement, or other appropriate contractual relationship between the project developer and landowner. • Rotor diameter: The diameter of the circle described by the moving rotor blades. Substations: Any electrical facility designed to convert electricity produced by wind turbines to a voltage greater than 35,000 volts for interconnection with high voltage transmission lines shall be located outside of the road right of way. Total height: The highest point, above ground level, reached by a rotor tip or any other part of the WECS. Tower: Towers include vertical structures that support the electrical generator, rotor blades, or meteorological equipment. Tower height: The total height of the WECS exclusive of the rotor blades. Transmission Line: Those electrical power lines that carry voltages of at least 69,000 volts (69 KV) and are primarily used to carry electric energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers. Public conservation lands: Land owned in fee title by State or Federal agencies and managed specifically for grassland conservation purposes, including but not limited to State Wildlife Management Areas, State Parks, State Scientific and Natural Areas, federal Wildlife Refuges and Waterfowl Production Areas. For the purposes of this section public conservation lands will also include lands owned in fee title by non -profit conservation organizations. Public conservation lands do not include private lands upon which conservation iseasements have been sold to public agencies or non - profit conservation organizations. • Wind Turbine: A wind turbine is any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind. E. Application Procedures: Application for WECS shall be reviewed and processed in accordance with the conditional use permit procedures established in Section 154.170 of the Hutchinson Zoning Ordinance, as identified in the District Regulations table. The following information is required in addition to the information required for a site plan or conditional use permit application: The application for all WECS shall include the following information: 1. The names of project applicant 2. The name of the project owner 3. The legal description and address of the project. 4. A description of the project including: Number, type, name plate generating capacity, tower height, rotor diameter, and total height of all wind turbines and means of interconnecting with the electrical grid. 5. Property survey, including the location of property lines, wind turbines, electrical wires, interconnection points with the electrical grid, and all related accessory structures. The site layout shall include distances and be drawn to scale. 6. Evidence that the applicant can obtain and maintain adequate liability insurance for the WECS and subject property. 7. Engineer's certification 8. Documentation of land ownership or legal control of the property • The application for Commercial WECS shall also include: 1. The latitude and longitude of individual wind turbines. A USGS topographical map, or map with similar data, of the project site including boundaries of the project area, surrounding property within /, mile, and any other WECS within 10 rotor diameters of the proposed project. 2. Location of wetlands, scenic, and natural areas (including bluffs) within one mile of the proposed WECS. 3. An acoustical analysis 4. FAA Permit Application 5. Location of all known Communications Towers within 2 miles of the proposed project. Provide proof that the WECS will not interfere with emergency or other microwave transmission. 6. A noise study, prepared by a qualified professional, that demonstrate that except for intermittent episodes, the WECS shall not emit noise in excess of the limits established in Minnesota Rules 7030 governing noise and Section 92.18 of the Hutchinson City Code, as applicable. 7. A shadow flicker model that demonstrates that shadow flicker shall not fall on, or in, any existing residential structure. Shadow flicker expected to fall on a roadway or a portion of a residentially zoned property may be acceptable if the flicker does not exceed 30 hours per year; and the flicker will fall more than 100' from an existing residence; or the traffic volumes are less than 500 vehicles (ADT). The shadow flicker model shall: (a) Map and describe with a 1,000' radius of the proposed dispersed wind energy system the topography, existing residences and location of their windows, location of other structures, wind speeds and directions, existing vegetation and roadways. The model shall represent the most probable scenarios of wind constrancy, sunshine constancy, and wind directions and speed; • (b) Calculate the locations of shadow flicker caused by the proposed project and the expected durations of the flicker at these locations, calculate the total number of hours per year of flicker at all locations. 3- (c) Identify problem areas where shadow flicker will interfere with existing or future residences • and roadways and describe proposed mitigation measures, including, but not limited to, a change in siting of the WECS, a change in the operation of the WECS, or grading or landscaping mitigation measures. 8. Decommissioning Plan 9. Description of potential impacts on nearby WECS and wind resources on adjacent properties. • • Application Procedures for Aggregated Projects: Aggregated Projects may jointly submit a single application and be reviewed under joint proceedings, including notices, hearings, reviews and as appropriate, approvals. Permits will be issued and recorded separately. All aggregated projects over the 5 MW threshold currently outlined in State Statute are subject to State regulation. F. District Regulations: WECS will be conditionally permitted or not permitted based on the generating capacity and land use district as established in the table below: Zoning District Non - Commercial Commercial Meteorological Property Lines WECS WECS Tower C -1, C -2, Not Permitted Not Permitted Not Permitted C -3 C -5 Setback to property line of 750 feet Guyed towers: The fall zone, C-4 Conditionally Conditionally Permitted Conditionally Permitted Permitted engineer +10 feet UC Conditionally Not Permitted Conditionally Permitted Permitted 1 -1 & 1 -2 Conditionally Conditionally Permitted Conditionally and Other Right of Permitted Permitted GT Conditionally Not Permitted Conditionally Permitted power lines, etc.) Permitted R -1, R -2 Conditionally Not Permitted Conditionally Permitted Permitted R -3, R 4, R -5 Not Permitted Not Permitted Not Permitted G. Setbacks All towers shall adhere to the setbacks established in the following table: -4- qC�� Non - Commercial WECS Commercial WECS Meteorological Towers Property Lines 1.1 times the total height L 1 times the total 1.1 times the total height height Neighboring Setback to property line of 750 feet Guyed towers: The fall zone, Structures 1.1 times the total height as certified by a professional required. engineer +10 feet Non -guyed towers: 1.1 times the total hei t Road Right of Way Guyed towers: The fall 1.1 times the height and Other Right of zone, as certified by a Ways (Railroads, professional engineer +10 power lines, etc.) feet Non -guyed towers: 1.1 times the total height -4- qC�� • Other Existing N/A 600 feet 600 feet WECS Wetlands, USFW N/A 600 feet 600 feet Types III, fV and V A. Requirements and Standards 1. Safety Design Standards (a) Engineering Certification — For all WECS, the manufacture's engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions. (b) Clearance — Rotor blades or airfoils must maintain at least 12 feet of clearance between their lowest point and the ground. (c) Warnings — For all Commercial WECS, a sign or signs shall be posted on the tower, transformer and substation warning of high voltage. Signs with emergency contact information shall also be posted on the turbine or at another suitable point. Painted aviation warnings are recommended on metrological towers less than 200 feet (d) For all guyed towers, visible and reflective objects, such as plastic sleeves, reflectors or tape, shall be placed on the guy wire anchor points and along the outer and innermost guy wires up to a height of 8 feet above the ground. Visible fencing shall be installed around anchor points of guy wires on all commercial, industrial, and institutional properties. • 2. Standards (a) Total height — Non - Commercial WECS shall have a total height of less than 200 feet. (b) Tower configuration — All wind turbines, which are part of a commercial WECS, shall be installed with a tubular, monopole type tower. (c) Color and Finish — All commercial wind turbines and towers shall be white, grey or another non- obtrusive color. Blades may be black in order to facilitate deicing. Finishes shall be matt or non- reflective. Metrological towers are exempt from this requirement. (d) Lighting — Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by Federal Aviation Administration permits and regulations. Red strobe lights are preferred for night -time illumination to reduce impacts on migrating birds. Red pulsating incandescent lights should be avoided. (e) Other Signage — All signage on site shall comply with the City of Hutchinson sign ordinances. The manufacturer's or owner's company name and /or logo may be placed upon the nacelle, compartment containing the electrical generator, of the WECS. (f) Feeder Lines — All communications and feeder lines, equal to or less than 34.5 kV in capacity, installed as part of a WECS shall be buried where reasonably feasible. Feeder lines installed as part of a WECS • shall not be considered an essential service. This standard applies to all feeder lines subject to City authority. 5 � �a� (g) Shadow Flicker — Shadow flicker may not exceed 30 hours per year and shall not fall more than 100' • from an existing residential property. (h) Waste Disposal — Solid and Hazardous wastes, including but not limited to crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal regulations. (i) Discontinuation and Decommissioning - A WECS shall be considered a discontinued use after 1 year without energy production, unless a plan is developed and submitted to the Hutchinson City Zoning Administrator outlining the steps and schedule for returning the WECS to service. All commercial WECS and accessory facilities, including the foundation, shall be completely removed within a year of the discontinuation of use for commercial WECS projects. For non - commercial projects, the footings for the WECS may be left in place provided the slab remains in place. (j) Each Commercial WECS shall have a Decommissioning plan outlining the anticipated means and cost of removing WECS at the end of their serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a competent party; such as a Professional Engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning. The plan shall also identify the financial resources that will be available to pay for the decommissioning and removal of the WECS and accessory facilities. (k) Orderly Development — Upon issuance of a conditional use permit, all Commercial WECS shall notify the Energy Facility Permitting staff of Department of Commerce of the project location and details on the form specified by the Department. • (1) Noise — All WECS shall comply with Minnesota Rules 7030 governing noise and Section 92.18 "Public Nuisances Affecting Peace and Safety" of the Hutchinson City Code. (m) Complaint Resolution — The owner /operator of the WECS shall develop a process to resolve complaints from nearby residents. The process shall use an independent mediator or arbitrator and include a time frame for acting on a complaint. The applicant shall make every reasonable effort to resolve any complaint. (n) Electrical codes and standards — All WECS and accessory equipment and facilities shall comply with the National Electrical Code and other applicable standards. (o) Federal Aviation Administration— All WECS shall comply with FAA standards and permits. (p) Uniform Building Code — All WECS shall comply with the Uniform Building Code adopted by the State of Minnesota. (q) Interference — The applicant shall minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves, or television signals cause by any WECS. The applicant shall notify all communication tower operators within two miles of the proposed WECS location upon application to the City for permits. No WECS shall be constructed so as to interfere with any microwave transmissions. (r) Right of Entrance— By the acceptance of the conditional use permit, the owner /operator grants permission to the City of Hutchinson to enter the property to remove the WECS pursuant to the terms of . the conditional use permit and to assure compliance with other conditions set forth in the permit. -6- q(a) • 3. Avoidance and Mitigation of Damages to Infrastructure and Utilities (a) Roads — Applicants shall: Identify all county, city or township roads to be used for the purpose of transporting commercial WECS, substation parts, concrete, and/or equipment for construction, operation or maintenance of the commercial WECS and obtain applicable weight and size permits from the impacted road authority(ies) prior to construction. (b) Be responsible for restoring or paying damages as agreed to by the applicable road authority(ies) sufficient to restore the road(s) and bridges to preconstruction conditions. (c) Drainage System — The Applicant shall be responsible for immediate repair of damage to public drainage systems stemming from construction, operation or maintenance of the WECS. (d) The owner of the WECS is responsible for any damage to any below grade public or private utilities, due to the installation, operation, decommissioning, or action otherwise resulting for any WECS. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and publication. Adopted by the City Council this day of , 2007. Attest: Gary D. Plotz City Administrator • • Steven W. Cook Mayor -7- TO: Mayor & City Council FROM: Kent Exner, City Engineer Randy DeVries, Water/Wastewater Manager RE: Consideration of Award of Contract for Wastewater Treatment Facility Improvements (Letting No. 4/Project No. 07 -04) DATE: May 22, 2007 Five (5) bids for the Wastewater Treatment Facility Improvements project letting were received by the City and opened on Tuesday, April 17m (see attached Bid Tabulation). John T. Jones Construction Company of Fargo, • North Dakota, submitted the apparent low bid in the amount of $11,100,000.00. This bid is approximately 1.8% higher than the Engineer's Estimate of $10,900,000.00 for this project. The overall project costs remain within original budget estimates. The attached Letter of Recommendation prepared by Donohue & Associates, project design consultant, further explains the project bid and award process. Based on Donohue's review, the bid by John T. Jones Construction Co. appears to be complete and responsive. The Resolution Accepting Bid & Awarding Contract is attached. Please note that this project's award is conditional on the City's NPDES Wastewater Discharge Permit being approved by the MPCA and the Public Facility Authority Loan being allocated to the City. Thus, the Notice of Award provided to the Contractor will contain these conditions. City staff anticipates meeting with the MPCA and industry representatives prior to the Council meeting and will briefly discuss the results of these meetings during the Council meeting. We recommend approving the Resolution Accepting Bid & Awarding Contract. cc: Gary Plotz —City Administrator • qGb) RESOLUTION NO. 13188 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 4 PROJECT NO. 07 -04 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of: Wastewater Treatment Facility Improvements project will consist of the expansion of and modifications to the existing wastewater treatment facility including the addition of a vortex grit removal system, two new fine screening systems, screening compaction and handling equipment, chemical phosphorus removal facilities, an ultraviolet disinfection facility to replace the existing chlorination facility, two 500,000 - gallon aeration basins, SCADA System, and a membrane bio- reactor (MBR) system with associated air blowers, chemical feed system, buildings, power supply and piping. Ultimately, the aeration and MBR system will operate in parallel with the existing oxidation ditch systems; bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Total Bid John T Jones Construction Company of Fargo ND $11,100,000.00 Staab Construction Corporation of Marshfield WI $11,132,000.00 Madson Johnson Corporation of Hudson WI $11,398,600.00 Rice Lake Construction Group of Deerwood MN $11,572,000.00 Grldor Construction Inc of Buffalo MN $11,644,200.00 • and whereas, it appears that John T Jones Construction Company of Fargo NO is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: • 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with John T Jones Construction Company of Fargo ND in the amount of $11,100,000.00 in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer, contingent upon the following: a) Approval by the MPCA of the City's NPDES Wastewater Discharge Permit; and b) Allocation to the City of the Public Facility Authority Loan. 2. The City Engineer is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 22nd day of May 2007. City Administrator Mayor q( b) 6 April 27, 2007 EPOs O o u�0 �.dwn hue-=Ddetes.cam Mr. Randy DeVrica WatedWastewater Director 3311 wEEDEn CREEK ROAD City Center I I I Haesen Street SE SHEBOYCAK WI 53081 Hutchinson, MN 55350 PHONE 9204208-0296 Re: Letter of Recommendation —John T. Jena Construction Co. City of Hutchinson Wastewater Treatment Plain Improvements Project FAX 920-208-0402 Hutchmson,Mienesota - Letting 4 /Project No. 07 -04 WCA Project No. 279457 -01 Donohue Project No. 11207 Dear Mr. DeVries, Pursuant to the Official Notice to Bidders, sealed bide for the above referenced project were received at the City Carter, 111 Hassan Strad SE, on Tuesday, April 17, 2007, at 2 pact local time and then publicly opened and read aloud in the City Center Council Chambers. We have reviewed all the Bids received for the Work and have enclosed a copy of the Bid Tabulation and the low bid for your information and reference. Five sealed bids were received The low bid was submitted by John T. Jones Construction Company, of Fargo, North Dakota, in the amount of $11,100,000. The second low bid was submitted by Staab • Construction Corp„ of Merabfieid, Wiscousim, in the amount of 511,132,000. Our opinion of probable construction cost for the Project was $10,900,000. The apparent low bid amount was approximately 1.8 per cent above our estimate. Please refer to the attached Bid Tabulation for information on the Bidders and the bid amounts. The bid amounts ranged from a low of $11,100,000 to a high of $11,644,200, which is a range of only $5",200. This tight range is an indication that the bidding documents were similarly interpreted by all the bidders. The Bid Tabulation includes a breakdown of the bidders, their individual bid amounts, supplemental unit pricing, and acknowledgement of the addenda and bid form attachments. John T. Jones Construdtion recently completed or is in the prooess of completing a number of simile projects during the past three years. Attached is a list of project references and completed project work that we asked John T. Jones Construction to provide. We have had detailed discussions with four of the referenaas, and they have generally stated that John T. Jones Construction successfully completed their projects and that they found them to be an acceptable contractor. It is our opinion that the low bidder, John T. Jones Construction, submitted a responsive bid and is also qualified and capable of performing the project work as specified. It is therefore recommended that the Contract be conditionally awarded to John T. Jones Construction in the amount of $11,100,000. A conditional award of contract should be made, along with a subsequent notification to John T. Jones Construction, in order for the next step in the NBE/WBE solicitation procedure to occur. Receipt of the City's award notification starts a period during which the bidder must provide documentation, as required in the project manual, regarding MBE and WBE solicitation. A determination must be made that the low • 96b) 6 0 April 27, 2007 YDONOHUE' Page 2 bidder was "responsible' in meeting the requirements of the Minnesota Public Facilities Authority (PFA) revolving fund loan reimbursement regarding positive efforts undertakes by the bidder during the bidding process. This is a precedent to the City receiving the needed loan for the project to proceed. We respectfully present these recommendations to the City of Hutchinson for review and c onsiderstion. The Conditional Notice of Award can be made by City Resolution followed by official notification to the successful bidder with a Conditional Notice of Award We can add you in the notification to the apparent low bidder. The Conditional Award of Contract Resolution should state that the Notice of Award is Conditional pending approval and rxoipt.of the Minnesota FPA loan ft-ding We are presenting this evaluation and recommendation for your review and consideration, and wM be pleased to answer any questions you have concerning the information provided herein. S,. J Haglay, P Design Phase Maaag 0O/W �\ David Froh, PE Construction Phan Manager Enclosures: Bid Tabulation Copy of John T. Jones Construction Bid Documents John T. Jones Construction Project Reference Lasting 9 Cod E 0 BID TABULATION. CITY OF HUTCHINSON INN 111 HASSAN ST SE, HUTCHINSON MN 55350 LETTING NO.4/PROJECT NO. 07-04 WWTP IMPROVEMENTS BID DATE & TIME: 04/17/2007 @ 2:00 PM 11 fiYraaAflWl RojKftUW?AM. Pe-%.WWWMpmvwMW*gWRDJ=UDCUMMW MTruimaADOnMN b ..FV 110U John T Jones Staab Construction Corp Msdson Johnson Corp Rke Lake Gridor Conswctlor Contractor Construction Co. Marshfield WA Hudson YYI Construction Group Inc F ND 0ssrwood MN Buffalo MN Lump Sum Bid Price $11,100,000.00 $11,132.000.00 $11,398,600.00 $11,572)000.00 $11,644,200.00 Deduct $53,000 Deduct $65,000 Deduct $56,000 Deduct $63,000 Deduct $63,000 Alternate No. 1 Supplemental Unit Prices Bituminous Concrete $81.001cu yd $80mcu yd $85.00/cu yd $60.001cu yd $40AWcu yd Pavement Portland Cement Concrete $34.001aq yd $80.00Jsq yd $45A01sq yd $38.00/sq yd $60A0ftq yd SkI walk Throe Addenda Yes Yes Yes Yes Yes Acknowledged Cortlfied Check or Bid Bond Old Bond Bid Bond Bid Bond Bid Bond Bid Bond Be" Bid Material & Yes Yes Yes Yes Yes Egrdpmwd Schedules List of Subcontractors Yes Yes Yes Yea Y" fiYraaAflWl RojKftUW?AM. Pe-%.WWWMpmvwMW*gWRDJ=UDCUMMW MTruimaADOnMN b ..FV 110U Status of Wastewater Treatment Plant Improvements Hutchinson, MN EPreseriled 13Y. Jim Kegley Danolujo & Assatlate-6, 1M. Design Parameters s Ex�swig Capacity- v Future Capacity: i A.%; L:Lraae F k).% 44 a Peak Flo%% 6 -43 rrgd lit SR. sy5tern a Av era F ice' _q e- #PeaK,Flow 161 60 tivd i Plant -j close to w abovedesign capabty a 801).TKN averleadinj, requiring tempoq surface, aeralors., a Chlorii-6,tiom, °dechlr..,ein aka on system needs reptacemant, x Phosph.-I)ms 1irjt,_; o nrt%permit a MoFe strict NPDIES requirements anticipated do ®r -Fine scmens 0 mvnj -Grit remit -8*wea-ctar -Plus ed mernbranes -Phospharus rernoval -UV disinfection WHAT IS A MEMBRANE BIOREACTOR? A Activated Sludge Process - BOD Removal — Nitrogen Removal - Phosphows Removal mbrarleS a Ullrafiltratbn M6 Separation of Clear Water and Sol ids HOW IT WORKS &GLjr 'A(! F lo i!j Blomm 8101091'Cal Frocmls F.1"Oule Ri kculaton Aeration AeraOa PuraV Ultrafiltration Membranes WYAN CMUCkAh'S AM dn1640yqd I pits RAs ti fnittip lifiraligh tKN tm-rlql* ling OW&I op j, v 4 Mill, VP MENEM 40 • COW.3m inAnts Luch ff% bac tarko and wlr uses c4in rtul P;16S 9arttl pativa pbh5 rr"mbrimhe rNrLtuoh 41w irmorvibi arm v pvra% W.-01 wil h M luosi; c4pLc Pores ZeeWeed-" 500d Cassette AIM RV. list IN --41�1111111i-1 - ft-;. Hollow Fiber Membranes rdANUFACTURERS 4 GE I Zenon — ZeeWeed is, U , S. Filter /Siemens — lklemJet v Koch — Purcin Zeefted-�" 5004 Process Train !F imes for -ur s couring Ilk Peaneite pipe (Ergueni) Isolation valves xwe c asset les imersed in tank Oxidyl tion Ditches --7E - �T- Its High QUality Effluent Ar-NDvable Z-0-oweed Tre-,11mvril Re-51,0115 TSS TN P 0 T uf,,Di .iLy L1 NITLI I-Ph i h, coagvlanl add M oti EFFLUENT LIMITS FROM MPCA Chlorination/Dechforinaflon Facilities APRIL 17TH BID RESULTS I S 1 1.,r 100,000 — John T. Jones C01IStfUdiion a S 11, 132,000 — Staab Construction a $11.398,600 — Madsen-Johnson 4 $11,572.000 — Rice Lake Construction a $11,644,200 — Gridar Consti'Ll0ion a $10,900,000 — Dona hLIe'S 011 1- C OpiniC.11'd RECOVIVIENDATIONS R-ecornmeiid contract award to John T Jones Construction: a Good references a Excellent bid price m Project 1 eded since plant at capacity a Commued plamed growth by City & Industries a New PIDES permi 't With. new Iii- nits I POSSIble PhOSPIIORIS grant available is Low interest loan money available Cu rreFlt Proposed Proposed Parameters Limits Limits Va.riable Limits 0800 t L) 11 K 1 5 1111. -I I0 niwl TSS 30 mg,141 3" I I lu -'1, 30 rnti-11 N H3 - S LJ M Mer I L) nX11:1 1 0 mg,"I I A) mg?"I N .3 - FAI 4 0 1119d 3 5 mgm 3-5 ill-q I I NH3 - ffinlw 12 () I'my'l I 0.2 mg1l C-2 ,1 I vfl,l NH'3 - Spring 2.0 mg.l. 2-0 rng-1 2 0 mq-fl Ph(-,1%ph0ru,-,- Ncine I.0 moml 1.1) J-111q) I Chlorination/Dechforinaflon Facilities APRIL 17TH BID RESULTS I S 1 1.,r 100,000 — John T. Jones C01IStfUdiion a S 11, 132,000 — Staab Construction a $11.398,600 — Madsen-Johnson 4 $11,572.000 — Rice Lake Construction a $11,644,200 — Gridar Consti'Ll0ion a $10,900,000 — Dona hLIe'S 011 1- C OpiniC.11'd RECOVIVIENDATIONS R-ecornmeiid contract award to John T Jones Construction: a Good references a Excellent bid price m Project 1 eded since plant at capacity a Commued plamed growth by City & Industries a New PIDES permi 't With. new Iii- nits I POSSIble PhOSPIIORIS grant available is Low interest loan money available 0 TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Items Regarding the Hutchinson Dam Replacement (Letting No. 2/Project No. 07 -02) DATE: May 22, 2007 City staff and Barr Engineering Co. continue to complete the final design of the Hutchinson Dam Replacement project and appropriate agency submittals. City staff anticipates plans/specifications to be completed and agency approvals to occur within the next few weeks. At this point, City staff feels that it would be beneficial • to approve the plans/specifications and advertisement for bids, so the project can be advertised and ultimately let as soon as possible. This will allow the City to hopefully benefit from a longer bidding period while still maintaining the possibility of starting this project this fall. Current project cost estimates are being monitored in order to match our previously identified funding total of $1,245,000.00 (please see the attached Engineer's Report for additional estimated cost and funding info). Also, please see the attached project Resolutions that reflect these estimated costs. The bid opening date for this project is anticipated to occur in early to mid July. This will allow for the awarding of the prof ect to occur in late July, which would fit the anticipated TH 7/15/22 construction schedule. We recommend approving the provided Hutchinson Dam Replacement Project Resolutions. cc: Gary Plotz —City Adntinistrator E loci) RESOLUTION NO. 13209 • RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO.2 PROJECT NO. 07 -02 WHEREAS, it is proposed to improve: Hutchinson Dam Replacement including construction of rock spillway, sheet piling, grading, granular base, landscaping, concrete walk and appurtenances. 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 made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 22nd day of May 2007. City Administrator: Gary D. u Mayor: Steven W. Cook lo(�A) 0 • • IWtC WOON PU13UC `R'OiYKWENGMERING 0tPAWVftNT Hutchinson City Conter /111 Hassan St SE/Hutchinson MN 55350- 2522!320.234- 4209/FAX 320 - 2344240 ENGINEERING REPORT & FEA"IkI Wy STUDY TO: Mayor and City Council FROM: Kent Exner, City Engineer DATE: May 22, 2007 SUBJECT: Letting No. 2/Project No. 07 -02 (Hutchinson Dam Replacement) I have studied the following proposed improvements and find that the proposed project is feasible and recommend it be constructed: L2/P07 -02 Hutchinson Dam Replacement including construction of rock spillway, sheet piling, grading, granular base, landscaping, concrete walk and appurtenances. ESTIMATED COST TOTAL Construction Cost "0. 040,00 ItteRfip $19 0000:00 Adm niatration $36,00000 Flsca aUln st S MAO C - Sewer Funds $0.00 ESTIMATED TOTAL ;0.00 ESTIMATED FUNDING TOTAL DNRProject Participation ;4 6,000.00 US Fish & Wildlife Grant $70,000-00 City - Excess Bond Funds ;700 OOOAO - �vaterr�r,ds .aa C - Sewer Funds $0.00 Municipal State Aid ;0.00 Federal Aid ;0.00 ESTIMATED TOTAL $1,2 000.00 Iona) RESOLUTION NO. 13210 • RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT LETTING NO. 2 PROJECT NO. 07 -02 WHEREAS, pursuant to a resolution of the Council adopted May 22nd, 2007, the City Engineer has prepared a report with reference to the improvement of: Hutchinson Dam Replacement including construction of rock spillway, sheet piling, grading, granular base, landscaping, concrete walk and appurtenances. WHEREAS, said report was received by the Council on May 22nd, 2007. WHEREAS, this improvement is 100% funded with no assessments to property owners and therefore no public hearing is required. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the Improvements of such streets in accordance with the reports and the assessment of benefited 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 $1,245,000.00. 2. The public hearing is hereby waived. • Adopted by the Hutchinson City Council this 22nd day of May 2007. City Administrator: Gary D. Plotz • Mayor: Steven W. Cook 1060) RESOLUTION NO. 13211 • RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO.2 PROJECT NO. 07-02 WHEREAS, a resolution of the City Council adopted the 22nd day of May 2007, fixed a date for a Council Hearing on the following improvements: Hutchinson Dam Replacement including construction of rock spillway, sheet piling, grading, granular base, landscaping, concrete walk and appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the resolution adopted the 22nd day of May 2007. 2. Kent Exner is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 22nd day of May 2007. 1] Administrator 0 Mayor 1666) RESOLUTION NO. 13212 • RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO.2 PROJECT NO. 07 -02 WHEREAS, the Director of Engineering has prepared plans and specifications for the following described improvement: Hutchinson Dam Replacement including construction of rock spillway, sheet piling, grading, granular base, landscaping, concrete walk and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City Administrator until 9:00 am on Friday, June 29th, 2007, at which time theywill be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator and /or Director of Engineering, will then be • tabulated, and will be considered by the Council at 6:00 pm on Tuesday, July 10th, 2007 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering and accompanied by rash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 22nd day of May 2007. City Administrator: Gary D Plotz • Mayor: Steven W Cook leC�� 0 TO: Mayor & City Council FROM: John Olson, Public Works Manager Kent Exner, City Engineer RE: Discussion of Skydive Hutchinson Property (760 Airport Road) DATE: May 22, 2007 Following the Airport Commission meeting on Thursday, May 17th, City staff will provide a summary of the potential future use of the Skydive Hutchinson property at 760 Airport Road. With its direct connections to the Airport runways, any uses of this property could potentially have significant impacts to the Airport. • cc: Gary Plotz, City Administrator 0 to ( e) E • 0 TO: Mayor & City Council FROM: Gary D. Plotz, City Administrator Hutchinson City Center 111 Hassan street SE 1lutchlnson, MN 55350-7522 320- M.5151(Faa 320-2344240 SUBJECT: Interim Council Representative to Hutchinson Health Care DATE: May 17, 2007 Hutchinson Health Care, a new, non -profit entity, has been formed. On an interim basis, the City Council should appoint a representative until Council Member Kay Peterson, current hospital board Council representative, returns. At some point, new members will be appointed pursuant to the new entity's proposed by -laws. - Printed on recycled paper - O &Q R55APPYRV (CITY OF HUT_C_HINSON By Check number AP Payment R ister with Voids C he c k es 05/22/2007 - Ck Date T pe Check # Vendor Name Amount 05/22/2007 PK 142645 118447 10,000 LAKES CHAPTER 000 3-0- 05/22/2007 PK 1426461 _ 124031 1ST CLASS TOWING INC 24.50 05/22/2007 11 K ' 142647 110847' 1ST LINE/LEEWES VENTURES 650.75 05/22/2007' PK 142648 104370' 3M 270.00 05122/2007' PK 142649 102202 ABDO, EICK & MEYERS 18,900.00 05/22/2007 PK 142650 102126 ACE HARDWARE 307.39 05/22/2007 PK 142651 122030 ALPHA WIRELESS 53.25 05/22/2007 PK 142652 124317 ALSLEBEN, TONY 30.00 05/22/2007 PIK 142653, 117021 APPLIED CONCEPTS, INC 05/22/2007 PK 142654 105204 ARCTIC GLACIER PREMIUM ICE INC _1,871.00 504.55 05/22/2007 PK 1 1426_55 118738 ARROWHEAD SCIENTIFIC INC 82.64 05/22/2007 PK 142656 122083 ASHWILL INDUSTRIES 3,102.50 05/22/2007 PK 142657 105543 BALIKE, ROLLIS & ROSE MARIE 64.00 05/22/2007 PK 142658 101926 BARR ENGINEERING CO 8,861.91 05122/2007 PK 142659 101848 BEACON ATHLETICS 193.36 05/22/2007 PK 142660 102367 BELLBOY CORP 1,081.25 05/22/2007 PK 142661 105557 BENNETT MATERIAL HANDLING 1,355.11 05/22/2007 PK 142662 102255 BERKLEY RISK ADMINISTRATORS 950.00 05/22/2007 PK 1 42663 101916 BERNICK COMPANIES 239.15 05/22/2007 PK 142664 123672 BLACK BOX CORPORATION 61.84 05/22/2007 PK 142665 119212 BLOCK FARMS & TRUCKING INC. 2,241.22 05/22/2007 PK 142666 103665 BP 12.00 05/22/2007 PK 142667 101987 BRANDON TIRE CO 4,098.41 05/22/2007 PK 142668 102752 BRAUN INTERTEC CORP 722.00 0512212007 PK 142669 122919 BRYAN STREICH TRUCKING 2,007.51 05122/2007 PK 142670 123664 BRYAN, WADE 150.00 05/2212007 PK 142671 102136 BUSINESSWARE SOLUTIONS 691.87 05122/2007 PK 142672 102456 C -&L DISTRIBUTING 32,080.50 05/22/2007 PK 142673 123539 C.H. ROBINSON CO. 550.00 05/22/20D7 PK 142674 104512 CALIFORNIA CONTRACTORS SUPPLIE 220.20 05/22/2007 PK 142675 120142 CALIFORNIA PELLET MILL 1,903.68 05/22/2007 PK 142676 102092 CARR FLOWERS 37.50 05/22/2007 PK 142677 124342 CARTER, DION 125.00 05/22/2007 PK 142678 124326 CASWELL, YOON HEE 121.26 05/22/2007 PK 142679 123100 CENTRAL CONTRACTORS SUPPLY 206.39 05/22/2007 PK 142680 104391 CENTRAL HYDRAULICS 302.93 05/22/2007 PK 142681 102253 CENTRAL MCGOWAN 142.94 05/22/2007 PK 142682 109384 CENTURY FENCE 8,600.00 05/22/2007 PK 142683 124352 CHIEF'S CHOICE CLEANING PRODUC 192.00 05/22/2007 PK 142684 124338 CLAY, WALT 85.83 05122/2007 PK 142685 102741 jCOBORN'S INCORPORATED 1,461.29 05/2212007 PK 142686 123110''COLOR AD PACKAGING INC. 6,982.69 05/22/2007 PK 142687 102484 1 CORPORATE EXPRESS 1,478.04 05/22/2007 PIK 142688 1037031COWGER, KARLEEN 38.00 05/22/2007 PK 142689 101937',CRAGUN'S CONF.CENTER 381.20 05/2212007 PK 142690 121640 CREEKSIDE SOILS 188.73 05122/2007 PK 142691 103123 CRONATRON WELDING SYSTEMS INC 656.97 05/2212007 PK 142692 103624 CRONIN, KIM 320.03 05/22/2007 PIK 142693 102050 CROW RIVER AUTO 2,219.16 05/22/2007 PK 142694 124210 CROW RIVER FASTPITCH 3,024.00 05/22/2007 PK 142695 102220 CROW RIVER PRESS INC 105.08 05/22/2007 PK 142696', 102121 CROW RIVER VET HOSPITAL PA 1,344.41 05/22/2007 PK 142697, 102186 CULLIGAN WATER COND 37.28 05/22/2007 PK 1426981 122159 CULLIGAN -METRO 34.00 F_ L 4 05/22/20D7 PK 142699 124354 CUSTER, KEN 18.67 05/22/2007. PK 142700 1044691 CZECH, RANDY 122.00 05/2212007 PK I 1427D1 103260 DANIELS, SHARON 130.00 05/22/2007 5/22/2007 PK PK 142702 1, 42703 _ 119458' DAVE'S PALLET SERVICE 102488 DAY DISTRIBUTING 16,735.50 6,399.20 5/22/2007'PK 142704 121697 DIMLER, KYLE 135.80 05/22/2007 PK 1427051 1022751 DPC INDUSTRIES INC 617.55 05/22/2007 PK 142706 1131811DROP -N -GO SHIPPING, INC 51.15 05/22/2007 PK 142707 102647 DYNA SYSTEMS 467.80 05/22/2007 PK 1427081 123714 EBERT CONSTRUCTION 106,787.45 05/22/2007 PK 142709 102726 ECOLAB PEST ELIM 174.67 05/22/2007 PK 142710 102354 ECONO FOODS 139.10 05/22/2007 PK 142711 124298 EINCK, DENISE 32.00 _05122/2007 PK 142712 111010 ENVIRONMENTAL RESOURC_EASSOC 234.44 05122/2007 PK 142713 110034 EXTREME BEVERAGE LLC 160.00 05122/2007 PK 142714 102223 FARM -RITE EQUIPMENT 339.18 05/222007 42715 104137 FASTENAL COMPANY 184.35 05122/2007 PK 142716 112129 FULLER & D'ALBERT INC 278.46 05/22/2007 PK 142717 102526 G & K SERVICES 1,005.10 05122/2007'PK 142718 101945 GALL'S INC 132.97 05/22/2007'PK 142719 102059 GEMPLER'S INC 360.73 05/22/2007 PK 142720 123363 GMS INDUSTRIAL SUPPLIES INC 23.75 05/22!2007 PK 142721 102999 GODFATHER'S PIZZA 71.83 05/22/2007 PK 142722 105562 GRANIT BROW 340.80 05/22/2007 PK 142723 101874,GRIGGS & COOPER & CO 9,755.91 05222/2007 PK 142724! 102959',GROEHLER, FLOYD 99.99 05/22/2007 PK 142725 112959 GRUBER PALLETS, INC 3,600.00 05/22/2007 PK 142726 102529 HACH COMPANY 3,325.11 05/22/2007 PK 142727 102528 HAGER JEWELRY INC. 6.50 5/22/2007 PK 142728 102451 HANSEN DIST OF SLEEPY EYE 3,158.60 05/22/2007 PK 142729 102089 HANSEN GRAVEL 16.00 05/22/2007 PK 142730 104257 HARPER BROOMS 235.74 05112/2007 PK 142731 109799 HARRIS SERVICE 1,256.63 O5/22/2007 ,PK 142732 102412 HAWKINS WATER TREATMENT GROU 3,170.02 05122/2007 PK 142733 103240 HEMMAH, KATHY 3.68 05122/2007 PK 142734 102701 HENRY'S WATERWORKS INC 3,482.38 05/12/2007 PK 142735 102531 HENRYS FOODS INC 864.61 05/22/2007 PK 142736 102518 HILLYARD / HUTCHINSON 408.39 05/22/2007 PK 142737 105080 HIRSHFIELD'S DECORATING CENTER 115.13 05/22/2007 PK 142738 102119 HOLT MOTORS INC 19.32 05/22/2007 PK 1427391 124332 HORNICK- LINDEL, LORI 30.00 05/22/2007 PK 142740 102534 HUTCH AUTO BODY 1,756.56 05122/2007 PK 142741 102139 HUTCHINSON AREA CHAMBER OF CO 98.00 05122/2007 PK 142742 102319 HUTCHINSON _AREA HEALTH CARE 3,503.46 05/22/2007 PK 142743 102530 HUTCHINSON CO -OP 3,106.06 05/22/2007 PK 142744 101994 HUTCHINSON JAYCEES 2,000.00 05/2212007 PK 1 142745 103430 HUTCHINSON JUNIOR LEAGUE BASEB 9,200.00 05/22/2007 PK 142746 102538 HUTCHINSON MEDICAL CENTER 41.00 05/22/2007 PK 142747 121184 HUTCHINSON PUBLIC SCHOOLS 325.24 05/22/2007 PK 142748 102541 HUTCHINSON TELEPHONE CO 1,015.55 05/22/2007 PK 142749 105161 HUTCHINSON UTILITIES 120.76 05/22/2007 PK 142750 102038 HUTCHINSON, CITY OF 275.00 05/2212007 PK 142751 102038! HUTCHINSON, CITY OF 185,000.00 05/22/2007 PK 142752, 102038!HUTCHINSON, CITY OF 407.00 05/22/2007 PK 1427531 102072 HUTCHINSON, CITY OF 30,023.00 05/22/2007 PK 142754, 103099 HUTCHINSON, CITY OF 2,887.10 05/22/2007 PK 1427551 103246 HUTCHINSON, CITY OF 7,112.00 05/22/2007 PK 1 142756 105160 HUTCHINSON, CITY OF 14,757.98 05/22/2007 PK 142757 124344 HY -VEE INC 350.00 05/22/2007. PK 142758; 123764 IFS - INTEGRATED FIRE & SECURITY 1,174.62 05/22/2007 PK 142759; 117018 INTERNATIONAL CODE COUNCIL INC 200.50 05/22/2007 PK 1 1427601 , 103520 INTERSTATE BATTERY SYSTEMS OF 292.70 5/22/2007 PK 142761 121709,J & J SERVICES 250.00 5/22/2007' PK 1427621 124299 J & R RADIATOR AC & EXHAUST 840.76 05/22/2007 PK 142763 102062 JACK'S_ UNIFORMS EQUIPMENT 4,200.19 05/22/2007 PK 142764 _& 1203631JACOBS 1,493.03 05/22/2007 PK _L 142765 121990 JAY MALONE MOTORS 150.00 05/22/2007 PK 142766 102553 JCPENNEY CO 74.95 05/22/2007 PK 142767 115855 JEFF MEEHAN SALES INC. 2,376.49 05/22/2007 PK 142768 102208 JEFF'S ELECTRIC 14,558.43 05/22/2007 PK 142769 101938 JOHNSON BROTHERS LIQUOR CO. 26,029.81 05/22/2007 PK_ 142770 102045 JOHNSON, DOUGLAS W 262.65 05122/20D7 PK 142771 102555 J U U L CONTRACTING CO 93.00 05/22/20D7 PK 142772 102558 KDUZ 100.00 05/22/2007 PK 142773 105154 KILIAN, ERIC 29.94 05/22/2007 PK 142774 124318 KLOPFLEISCH, BETH 13.00 05122/2007 PK 1427751 RICHARD 23.93 05/22/2007 PK 142776 121386',KRISTICO, INC 1,460.00 05/22/2007 PK 142777 102561 L & P SUPPLY CO 5.69 05/22120071 PK 142778 101946 LAB SAFETY SUPPLY INC 85.70 05/22/2007 PK 142779 105525 LANG, EQUIPMENT OF NORWOOD 2,379.07 05/22/2007 PK 142780 102563 LEAGUE OF MN CITIES 15.00 05/22/2007 PK 142781 102563 LEAGUE OF MN CITIES 680-DO 05/22/2007 PK 142782 120903 LEXISNEXIS 110.00 05/22/2007 PK 142783 104632 LIEDER, AMY 32.00 0512212007 PK 142784 102222 LIQUOR HUTCH 23.93 05/22/2007 PK 142785 103151 LITTLE CROW ARCHERY CLUB 971.12 05/22/2007 PK 142786 101984 LOCHER BROTHERS INC 19,710.65 0512212007 PK 142787 102564 LOGIS 25,360.05 05/22/2007 PK 142788 102145 M -R SIGN 1,476.73 05122/2007 PK 142789. 102571'MACQUEEN EQUIP INC 2,249.17 05/22/2007 PK 142790 104533iMCCORMICK'S FAMILY RESTAURANT 112.59 05122/2007 PK 142791 123285 MCFOA 35.00 05/22/2007 PK 142792 102573 MCLEOD COOP POWER 267.43 05/22/2007: PK 142793 103046 MCLEOD COUNTY RECORDER 706.00 05/22/2007, PK 142794 102787 MCLEOD COUNTY TREASURER 1,120.00 05/22/20071 PK 142795 113893 MCLEOD COUNTY TREASURER 13.00 05/22/2007 PK 142796 118072 MCLEOD COUNTY TREASURER 396.00 05/22/2007 PK 142797 109209 MED COMPASS 2,420.00 05122/2007 PK 142798 102574 MEEKER WASHED SAND & GRAVEL 1,935.11 05/22/2007 PK 142799 123024 MEHR, BRIAN 325.00 05/22/2007 PK 142800 112400 "VOID VOID VOID VOID VOID" 05122/2007 PK 142801 112400 MENARDS- HUTCHINSON 757.41 05/22/2007 PK 142802 101840 MEYER LABORATORY, INC 530.13 05/22/2007 PK 142803 109387 MIDWEST PLAYSCAPES INC. 487.77 05/22/2007 PK 142804 102425!MIDWEST WIRELESS COMM. 2,180.46 05/22/2007 PK 142805; 122289 MIES OUTLAND INC 223.41 05/2212007 PK 142806 119858 MINNEAPOLIS FINANCE DEPARTMENT 585.90 05/22/2007 PK 142807 102449 MINNESOTA CHILD SUPPORT PAYMENT 223.93 05/22/2007 PK 142808 101947 MINNESOTA DEPT OF LABOR & INDU 20.00 05/22/2007 PK 142809 102582 MINNESOTA ELEVATOR INC 106.70 05/2212007 PK 142810 118850 MINNESOTA HISTORICAL SOCIETY 35.00 05/22/20071PK 142811 120800 MINNESOTA POLLUTION CONTROL 40.00 05/22/2007 PK 142812 105157 MINNESOTA SHREDDING 111.90 05/22/2007 PK 142813 1025701 MINNESOTA SPORTS FEDERATION 210.00 05/22/2007 PK 142814 121671 MINNESOTA STATE BAR ASSOC. 206.62 05/22/2007 PK 142815 102583 "VOID VOID VOID VOID VOID - 05/22/2007. PK 142816 102583 MINNESOTA VALLEY TESTING LAB 4,679.60 05/2212007 PK 142817 121160 MN VAC 25.53 05/22/2007 PK 142818 120519 MOON, KEITH 59.99 5/22/2007 PK ! 142819 102841 MRPA 294.00 5/22/2007,PK 142820 102742 MWOA BARK SALES 200.00 05/22/2007 PK 142821 123416NATIONAL 11,052.65 05/22/2007 PK 142822 102650 "CL 589.84 05/22/2007 PK 142823 115871 NEWMAN TRAFFIC SIGNS 56.00 05122/2007, P4 05/22/2007 PK 142824 142825 112162' NORTHERN SAFETY CO., INC 90.91 102591 (NORTHERN STATES SUPPLY INC 605.81 05/22/2007 PK 142826' 124334'NYBAKKE, LYLE 155.00 05/22/2007 PK 142827 122214 O'REILLYAUTO PARTS 323.19 05/22/2007 PK 142828 122948 OFFICE DEPOT 188.76 05/22/2007 PK 142829 124333 OLSEN COMPANIES 91.99 05/22/2007 PK 142830 102483 OTTO ASSOCIATES 2,311.50 05/22/2007 PK 142831 108859 PARTS ASSOCIATES INC 210.87 05/22/2007 PK 142832 109697 PETERSON, HULDA 32.00 05/22/2007 PK 142833 1018531 PHILLIPS WINE & SPIRITS 9,388.90 05/22/2007 PK 142834 124113 POLY - AMERICA, L.P. 448.56 05122/2007 PK 142835 1243411 POLZIN, TYLER 59.99 05!22/2007 PK i 142836 1024451 POSTMASTER 175.00 05/22/2007 PK 142837 102899'PRIEVE LANDSCAPING 2,250.00 05/22/2007 PK 142838 122741 PUBLIC STRATEGIES GROUP, THE 9,189.09 05/22/2007 PK 142839 102598 QUADE ELECTRIC 233.09 05/22/2007 PK 142840, QUALITY WINE & SPIRITS CO. 14,709.93 05/2212007 PK 142841 124098 R.C. ELECTRIC INC 10,645.00 05/22/2007 PK 142842 102205 R.J.L. TRANSFER 987.40 05122/2007 PK 142843 102424 RADIO SHACK 38.31 5/22/2007 PK 142844 104941 RANGER TRUCK PARTS 203.67 05122/2007 PK 142845 102432 REED BUSINESS INFORMATION 472.76 05/22/2007 PK 142846 124356 REFLECTIVE APPAREL FACTORY INC 476.12 05122/2007 PK 142847 121176 REINER ENTERPRISES, INC 4,186.25 05/22/2007 PK 142848 114011 REINER, LORETTA 42.00 05/22/2007 PK 142849 124319 REINER, MARNE 30.00 05/22/2007 PK 142850 1219381 RELIABLE OFFICE SUPPLIES 76.11 05/22/2007 PK 142851 1242091RIES FARMS 18,386.70 05/22/2007 PK 142852 1041491 RIVER VALLEY TRUCK CENTERS 293.65 05/22/2007 PK 142853 101993 RMS 188.12 05122/2007 PK 1428541 123287 ROECKER, DONALD 2,240.00 05/22/2007 PK 1428551 121677 RUCKS, CAMERON D. 1,811.15 05/22/2007 PK ! 142856 119208 RUNKE, DOREEN 70.00 05122/2007 PK 1428571 102225 RUNNING'S SUPPLY 1,264.65 05/22/2007 PK 142858 124272 RUTKOWSKI, HOLLIE 58.00 05/22/2007 PK 142859 105081 RUTLEDGE, LENNY 53.68 05/22/2007 PK 142860 102436 SARA LEE COFFEE & TEA 494.32 05122/2007 PK 142861 124297 SAVAGE, TOM & LOIS 64.00 05122/2007 PK 142862 124353 SCHLAUDERAFF IMPLEMENT CO. 23,882.63 05/22/2007 PK 142863 102606 SCHMELING OIL CO 108.30 05/2212007 PK 142864 124316 SCHWARTZ, NICCOLE 32.00 05/22/2007 PK 142865 104855 SCOTT EQUIPMENT CO 16,725.83 05/22/2007 PK 142866 109801 SCOTT'S WINDOW CLEANING SERVIC 63.90 05/22/2007 PK 142867 101892iSEH 2,726.27 05/22/2007 PK 142868 102637 SEVEN WEST WASH & DRY 231.64 0512212007 PK 142869 102605 SEWING BASKET 5.86 05/2212007 PK 142870 111450 SHELLENBARGER, VIRGENE 78.40 05/m2007 PK ! 142871 102609 SHOPKO i 121.27 05/22/2007 PK 142872 104058 SHUFELT, JEFF 17.00 L 05/22/2007 PK_L 142873 102106 SIMPLEXGRINNELL LP 537.29 05/22/2007 PK 142874 113335 SKILLPATH SEMINARS 199.00 05/22/2007 PK 142875 102204 SOIL CONTROL LAB 525.00 05/22/2007 PK 142876 104517 ST. CLOUD OVERHEAD DOOR CO 1,689.41 5/22/2007 PK 142877 124357 ST. CLOUD TRUCK SALES 300.21 pl) 5/22/2007 PK 142878 102747 ST. JOSEPH'S EQUIPMENT INC 299.26 05/22/2007 PK 142879 103162 STAMER, BEATRICE 106.00 05/22/2007 PK 142880 102612 STANDARD PRINTING 333.03 05/22/2007 PK 142881 123292 STATE OF MINNESOTA -DEPT OF LAB 231.40 05/22/2007 PK 1428821 105091 STEARNS COUNTY COURT ADMINISTR 100.00 05/22/2007 PK 142883' 119799 STEVE'S OK SERVICES 650.00 05/22/2007 PK 142884, 123568 STOCKMAN TRANSFER, INC. 3,900.00 05 /22 /200TPK 142885 124331 STONE, KATHERINE 25.00 05/22/2007 PK 142886 1046561SWANA 207.00 05122/2007 PK 1 142887 12435811TANNER, BARRY 29.66 7 PK 142888 120834 TELEDYNE ISCO, INC. 199.34 7 PK 142889 124330 TIMM, BONNIE 10000 7 PK 142890 103096 TOTAL REGISTER SYSTEM 88.40 PK 142891 120205 TRANSPORTATION SAFETY APPAREL 77.98 7 PK 142892 102620 TRI COUNTY WATER 153.26 7 PK 142893 102619 TWO WAY COMM INC 165.08 05/2212007 PK 142894 102624 UNITED BUILDING CENTERS 87.50 05/22/2007 PK 142895 102625 UNITED LABORATORIES 228.71 05/22/2007 PK 142896 123085 UNITED RENTALS NORTHWEST INC 169.99 05/22/2007 PK 142897 124339 UNIVERSITY OF MINNESOTA 27.00 05/22/2007 PK 142898, 102419 VALLEY SALES OF HUTCHINSON 1,180.51 05/22/2007 PK 1428991 101974'VIKING BEER 6,283.59 05/22/2007 PK 142900' 102132 VIKING COCA COLA 422.40 05/22/2007PK 1429011 1085981WAL -MART COMMUNITY 72.12 5/22/2007'PK 05/22/2007 PK 142902 142903 122357 105064 IWASTE MANAGEMENT - SAVAGE ' 150.53 WASTE MANAGEMENT - SPRUCE RIDGE 7,344.65 05/22/2007'PK 142904 120852 WASTE MANAGEMENT -TC WEST 1,042.32 05/22/2007 PK 142905 124128 WEGSCHEID, DAVID 1,050.00 05/22/20071 PK 142906 102165 WELCOME NEIGHBOR 60.00 05/22/2007 PK 142907 103870 WEST PAYMENT CENTER 397.48 05/22/2007 PK 142908 110738 WESTMOR INDUSTRIES, LLC 901.97 05/22/2007 PK 142909 102452 WINE MERCHANTS INC 536.25 05/22/2007 PK 142910 102640 WM MUELLER & SONS 149.78 05/22/2007 PK 142911 102640 WM MUELLER & SONS 151.05 05/22/2007 PK 142912 102640 WM MUELLER & SONS 147.21 05/22/2007 PK 142913 102640 WM MUELLER & SONS 299.13 05/22/2007 PK 142914 102640 WM MUELLER & SONS 448.48 05/22/2007 PK 142915 105208 WOLD ARCHITECTS & ENGINEERS 5,253.50 05/22/2007 PK 1429161 115390 WOODS, CANDICE 99.35 05/22/2007 PK 142917' 124315 WREDC 70.00 05/22/2007 PK 142918' 102632 XEROX CORP 284.60 05/22/2007 PK 142919' 105571',ZEP MANUFACTURING CO 313.96 838,222.60 Account Number 838,222.60 r1 U PAYROLL DATE: May 11, 2007 Period Ending Date: May 5, 2007 FOR COUNCIL LIST ONLY - ELECTRONIC TRANSFER TO STATE AND IRS DO NOT ISSUE CHECKS FOR THIS PAGE AMOUNT ACCT# NAME DESCRIPTION $25,228.07 9995.2034 WITH. TAX Employee Contribution - Federal Tax ACCOUNT $13,035.96 9995.2240 Employee Contribution - Soc. Security $3,678.07 9995.2242 Employee Contribution - Medicare $41,942.10 Sub -Total - Employee Contribution $13,035.96 9995.2240 Employer Contribution - Social Security $3,678.07 9995.2242 Employer Contribution - Medicare $16,714.03 Sub-Total- Employer Contribution $58,656.13 Grand Total - Withholding Tax Account 645.33 9995.2035 $15,485.43 9995.2241 $18,463.92 9995.2241 $33,949.35 Sub - Total`- PERA MN DEPT OF REVENUE PERA Employee Contribution - Pension Plan Employer Contribution - Pension Plan $15.86 9995.2243 PERA -DCP Employee Contribution - Pension Plan $15.86 9995.2241 Employer Contribution - Pension Plan $31.72 Sub - Total - DCP $33,981.07 GRAND TOTAL - PERA Finance Director Approval • Per Journal Entries Fica $ 26,071.92 Medicare $ 7,356.14 Withholding $ 25,228.07 Total $ 58,666.13 State Tax $ 10,645.33 Pere $ 33,965.21 DCP $ 15.86 Total $ 33,981.07 Difference $0.00 $0.00 $0.00 MEMO • 03/20/07 TO: CITY STAFF & BANK OFFICIALS FROM: KEN MERRILL , FINANCE DIRECTOR SUBJECT: APRIL WIRE TRANSFER The following funds need to be wired - interest payments April 1, 2007 Chase NYC ABA # 021 - 000 -021 to credit the account of Cede & Co. c/o THE DEPOSITORY TRUST COMPANY for Dividend Deposit for 4/1 City of Hutchinson, MN Account # 066 - 026776 OBI FIELD - PA 50317950 2005 GO State Aid Bonds 7,875.00 7,875.00 The following funds need to be wired - PRINCIPAL payments Chase NYC ABA # 021- 000 -021 to credit the account of Cede & Co. c/o THE DEPOSITORY TRUST COMPANY for Redemption Deposit • for 4/1 City of Hutchinson, Mn, Account # 066 - 027 -306 OBI FIELD - PA 50317950 2005 GO State Aid Bonds 170,000.00 170,000.00 (FAX of bond document must be made at same time for principal payment) • MEMO • 05/18/07 TO: CITY STAFF & BANK OFFICIALS FROM: KEN MERRILL , FINANCE DIRECTOR SUBJECT: JUNE WIRE TRANSFER 2007 The following funds need to be wired - interest payments 8,345.00 Chase NYC ABA # 021 - 000 -021 to credit the account of Cede & Co. c/o THE DEPOSITORY TRUST COMPANY for Dividend Deposit Account # 066 - 026776 OBI FIELD - PA 50317950 DDA # 00503179 1992 Tax Increment Bonds 8,345.00 2001C Capital Note paid 8,345.00 The following funds need to be wired - PRINCIPAL payments Chase NYC ABA # 021 - 000 -021 to credit the account of Cede & • Co. c/o THE DEPOSITORY TRUST COMPANY for Redemption Deposit Account # 066- 027 -306 OBI FIELD - PA 50317950 1992 Tax Increment Bonds (FAX of bond document must be made at same time for principal payment) • 25,000.00 25,000.00 • • • R55APPYRV CITY OF HUTCHINSON By Check Number AP Payment Register with Voids Check Dates 05/16/2007 - Ck Date Type Check # Vendor Name Amount 05/1612007 PK 142625 ' 102126 ACE HARDWARE 972.97 05/16/2007 PK 142626 101919 AMERICAN FAMILY INS CO. 184.71 05/16/2007 PK 142627 119212 BLOCK FARMS & TRUCKING INC. 1,990.26 05/16/2007 PK 142628 122919 BRYAN STRETCH TRUCKING 1,912.25 05/16/2007 PK 142629 110865 CHOICEPOINT SERVICES INC 356.00 05/16/2007 PK 142630 1 101872 H.R.L.A.P.R. 427.88 05116/2007 PK 142631 102530 HUTCHINSON CO -OP 273.52 05116/2007 PK 142632 105161 HUTCHINSON UTILITIES 108,068.19 05/16/2007 PK 142633 102543 HUTCHINSON WHOLESALE 903.29 05/16/2007 PK 142634 102635 HUTCHINSON, CITY OF 780.8D 05/16/2007 PK 142635 101873 ICMA RETIREMENT TRUST 4,301.92 05/16/2007 PK 142636 101876 ING LIFE & ANN CO. 1,445.00 05/16/2007 PK 142637 121386 KRISTICO, INC 2,170.00 0 511 612 0 07 PK 142638 102449 MINNESOTA CHILD SUPPORT PAYMEN 495.27 05/16/2007 PK 142639 101914 NCPERS LIFE INS. 572.00 0511612007 PK 142640 101875 ORCHARD TRUST COMPANY, LLC 300.00 05/16/2007 PK 142641 102096 PRUDENTIAL MUTUAL FUNDS 30.00 05/16/2007 PK 142642 121176 REINER ENTERPRISES, INC 4,381.04 05/16/2007 PK 142643 102606 SCHMELING OIL CO 24,628.94 05/16/2007 PK 142644 122895 TEWS TRUCKING INC. 1,688.04 155,902.08 Account Nu # 155,902.08 Void Amou ELECTRONIC FUNDS TRANSFERS 05/22/07 WATEWSEWER MN DEPT OF REVENUE -USE TAX $10,272.00 GENERAL MN DEPT OF REVENUE -SALES TAX $212.00 H.A.T.S DEPT OF REVENUE -FUEL TAX $1,025.00 LIQUOR MN DEPT OF REVENUE- LIQUOR TAX $29,240.00 •