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cp11-22-2005 cAGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER ??, ?005 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION -Rev. Randy Freund, Faith Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF NOVEMBER 8, 2005 (b) BID OPENING MINUTES OF NOVEMBER 14, 2005 (NORTHEAST TRUNK STORM SEWER PHASE I) (c) MINUTES FROM DANGEROUS DOG APPEAL HEARING OF NOVEMBER 10, 2005 Action -Motion to approve as presented 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY BOARD MINUTES FROM SEPTEMBER 15, 2005 2. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FOR SEPTEMBER 2005 3. PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM OCTOBER 3, 2005 4. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM OCTOBER 18, 2005 5. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM OCTOBER 18, 2005 6. PLANNING COMMISSION MINUTES FROM OCTOBER 18, 2005 7. CITY OF HUTCHINSON FINANCIAL REPORT FOR OCTOBER 2005 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12855 -RESOLUTION TRANSFERRING $25,000 FROM GENERAL FUND BOND FUND TO AIRPORT CONSTRUCTION FUND 2. RESOLUTION NO. 12856 -RESOLUTION TRANSFERRING $117,500 FROM WATER SEWER & REFUSE FUND TO GENERAL FUND & 2002C REFUNDING IMPROVEMENT BOND FUND 3. RESOLUTION NO. 12857 -RESOLUTION TRANSFERRING $321,500 FROM LIQUOR FUND TO GENERAL FUND 4. RESOLUTION NO. 12858 -RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND AND ENERGY LOAN FUND TO HUTCHINSON COMMUNITY DEVELOPMENT FUND 5. RESOLUTION NO. 12859 -RESOLUTION FOR PURCHASE (TROMMEL RENTAL) (c) PLANNING COMMISSION ITEMS L CONSIDERATION OF A REQUEST FOR A VARIANCE AND LOT SPLIT LOCATED AT 955 HWY 7 CTfY COUNCIL AGENDA -NOVEMBER 22, 2005 WEST WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12849 & 12850) 2. CONSIDERATION OF A REQUEST TO REZONE PROPERTY FROM Rl (SINGLE FAMILY RESIDENTIAL) TO R2 (MEDIUM DENSITY RESIDENTIAL) LOCATED AT 1325 JEFFERSON STREET SE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WANE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. OS-0426 FOR DECEMBER 13, 2005) 3. CONSIDERATION OF A REQUEST TO VACATE A PORTION OF UTILITY EASEMENT LOCATED AT 1025 JEFFERSON STREET SE WITH STAFF RECOMMENDATION AND UNFAVORABLE PLANNING COMMISSION RECOMMENDATION 4. CONSIDERATION OF A LOT SPLIT REQUESTED BY THE P,~iOPERTY OWNER LOCATED IN RIVERVIEW HILL ADDITION LOCATED AT 375 - is AVENUE NW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12851) (d) CONSIDERATION FOR APPROVAL OF AGREEMENT WITH LIFE MEDIA, INC. FOR DIGITAL BOOMBOARDS AT THE LIQUOR HUTCH (e) CONSIDERATION FOR APPROVAL OF ITEMS RELATED TO LETTING N0.2, PROJECT NO.OS-02 (NORTHEAST TRUNK STORM SEWER) -APPROVING PURCHASE OF LAND FOR PUBLIC USE & ACCEPTING BID (fj CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS -CHANGE ORDER N0.2 - LETTING N0.8, PROJECT NO.OS-10 (GOLF COURSE ROAD) & CHANGE ORDER NO. 1 - LETTING NO. 6B, PROJECT NO. OS-21 (AIRPORT IMPROVEMENTS -JET FUELING) (g) APPOINTMENT OF ROBERT ANDERSON TO CREEKSIDE ADVISORY BOARD • (h) REAPPOINTMENT OF WAYNE FORTUN TO HUTCHINSON AREA HEALTH CARE BOARD. TO DECEMBER 2010 Action -Motion to approve consent agenda 6. PUBLIC HEARINGS- 6:00 P.M. -NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS (a) ORDINANCE NO. OS-0421 -ORDINANCE GRANTING AUTHORITY TO OBTAIN CRIMINAL HISTORY INFORMATION (SECOND READING AND ADOPTION) Action - Motion to reject -Motion to approve ro) CONSTRU~CTIONNOF HIGHWAOY 7/15/022 (DE OUR AGREEMENT, COOPERATNE CONSTRUCTION AGREEMENT AND TRAFFIC CONTROL SIGNAL AGREEMENT) Action -Motion to reject -Motion to approve 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF AUTHORIZING PLACEMENT OF YELLOW RIBBONS ON TREES & LIGHT POLES IN THE CITY OF HUTCHINSON AS REQUESTED BY FAMILY READINESS GROUP FOR. HUTCHINSON 2 CITY COUNCIL AGENDA -NOVEMBER 22, 2005 Action -Motion to reject -Motion to approve •(b) CONSIDERATION FOR APPROVAL OF SETTING SPECIAL ELECTION FOR CITY CHARTER AMENDMENT Action -Motion to reject - Motion to approve (c) CONSIDERATION FOR APPROVAL OF THE SALE OF CITY-OWNED PROPERTY TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEMENT OF TRUNK HIGHWAY SEVEN (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF :ORDINANCE NO.OS-0425 FOR DECEMBER 13, 1005) Action -Motion to reject -Motion to approve (d) CONSIDERATION FOR APPROVAL OF RESETTING JOINT MEETING WITH HUTCHINSON UTILITIES COMMISSION (UTILITIES RATE STUDY) TO DECEMBER 12, 2005, AT 4:30 P.M. AT THE HUTCHINSON EVENT CENTER Action -Motion to reject -Motion to approve 10. MISCELLANEOUS (a) COMMUNICATIONS 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS 12. ADJOURN MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 8, 2005 1. CALL TO ORDER - 5:30 P.M. ayor teve oo c e e meeting to order. Members present were Bill Arndt, Kay Peterson, Jim Haugen and Casey Stotts. Others present were Gary Plotz, City Admimstrator, John Rodeberg, Public Works Director and Marc Sebora, City Attorney. 2. INVOCATION -Rev. David Christensen, Faith Lutheran Church, delivered the invocation.. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF OCTOBER 25, 2005 (b) BID OPENING MINUTES OF OCTOBER 31, 2005 (c) MINUTES FROM DANGEROUS DOG APPEAL HEARINGS OF OCTOBER 18, 2005 It was noted that revised minutes of the Verstyak dog hearing were distributed. Motion by Arndt, second by Haugen, to approve the minutes as presented. Motion carried 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS • 1. MOTOR VEHICLE MONTHLY REPORT FOR SEPTEMBER 2005 2. HUTCHINSON AIRPORT COMMISSION MINUTES FROM SEPTEMBER 20, 2005 3. SENIOR ADVISORY BOARD MINUTES FROM OCTOBER 17, 2005 4. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM AUGUST 22, 2005 5. FIRE DEPARTMENT MONTHLY REPORT FOR OCTOBER 2005 6. BUILDING DEPARTMENT MONTHLY REPORT FOR OCTOBER 2005 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12844 -RESOLUTION ESTABLISHING LOCATION OF TRAFFIC CONTROL DEVICES 2. RESOLUTION NO. 12847 -RESOLUTION FOR PURCHASE (SEASONAL BANNERS AND BIODIESEL) 3. RESOLUTION NO. 12845 -RESOLUTION DECLARING CONDITIONS AND RESTRICTIONS OF ROTARY PARK 4. ORDINANCE NO. OS-0419 -REZONING FROM I1 TO R2 FOR PROPERTY LOCATED AT 997 ROBERTS ROAD SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (SECOND READING AND ADOPTION) 5. ORDINANCE NO.OS-0420 - AMENDMENT TO HUTCHINSON CITY CODE SECTION 154 TO ADD LANGUAGE REGARDING TUBE-TRUSS BUILDINGS WITH STAFF RECOMMENDATION AND ~~ ~~~ CITY COUNCIL MINUTES -NOVEMBER 8, 2005 FAVORABLE RECOMMENDATION (SECOND READING AND ADOPTION) • 6. ORDINANCE NO.OS-0423 - ANNEX 5.9 ACRES OF ROAD RIGHT OF WAY (Sr" AVE. S.E. FROM THE CTI'Y LIMITS TO HWY 22) OWNED BY MCLEOD COUNTY AND THE STATE OF MINNESOTA WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (SECOND READING AND ADOPTION) (c) APPOINTMENT OF RICHARD FREEMAN TO AIRPORT COMMISSION TO SEPTEMBER 2010 (d) CONSIDERATION FOR APPROVAL OF CHANGE ORDERS FOR LIQUOR STORE PROJECT Motion by Peterson, second by Stotts, to approve consent agenda with the exception of Item 5(b)3. Motion carried unanimously. Item 5(b)3 had firrther discussion. Dolf Moon, PRCE Director, presented before the Council. Mr. Moon explained that the improvements made to Rotary Park aze partly funded by the Minnesota Department of Natural Resources through a grant. A requirement of this grant is that the City include restrictions on the pazkland deed noting that the property will remain pazkland in perpetuity. Discussion was held regarding the restrictions in the agreement with the Minnesota DNR. Mayor Cook stated he had concerns about tying up the property in perpetuity since the property was purchased by the city and the amenities provided by the grant would not last forever. It was noted that the grant agreement includes a provision that allows a change in use provided that certain conditions are met and prior written approval is obtained from the state. Motion by Haugen, second by Stotts, to approve Resolution No. 12845. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. -NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS • UNFINISHED BUSINESS {a) CONSIDERATION FOR APPROVAL OF PURCHASING BOOKING/MUG SHOT SYSTEM AS REQUESTED BY THE HUTCHINSON POLICE DEPARTMENT Tom Kloss, Information Technology Director, presented before the Council. Mr. Kloss reminded the Council that this item was tabled from the last City Council meeting to allow for more time to reseazch whether or not this softwaze could be proggrrammed inhouse. Mr. Kloss explained that he has found that this system will not be able to be programmed inhouse due to the complexity of rt. Motion by Stotts, second by Peterson, to approve the purchase of a booking/mug shot system as requested by the Hutchinson Police Department. Motion carried unanimously. (b) ORDINANCE NO. OS-0421 -ORDINANCE GRANTING AUTHORITY TO OBTAIN CRIMINAL HISTORY INFORMATION (SECOND READING AND ADOPTION) Mayor Cook noted that this ordinance's purpose is intended to cover license applicants as well as employment applicants. He requested that the ordinance be revised to include more information on license applicants. Motion by Amdt, second by Stotts, to table this item to the November 22, 2005, City Council meeting. Motion carried unanimously. * Dan Hatten, Police Chief, presented before the Council. Mr. Hatten explained that a newly hired police officer has been ordered to active duty for 18 months. Mr. Hatten requested that the Council authorize the hiring of a police officer to fill this void during the 18 months. Motion by Peterson, second by Arndt, to authorize the filling of the recently vacated police officer position. Motion carried unanimously. 2 a~~~ CITY COUNCIL MINUTES -NOVEMBER 8, 2005 (c) CONSIDERATION FOR APPROVAL OF AGREEMENTS WITH THE STATE OF MINNESOTA FOR CONSTRUCTION OF HIGHWAY 7/15/22 • John Rodeberg, Public Works Director, presented before the Council. Mr. Rodeberg explained that Mn/DOT has delayed this project due to property acquisition issues. Because of this, he requested that this item be tabled to the next City Council meetmg. Motion by Arndt, second by Haugen, to table this item to November 22, 2005. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF 2006 COMPENSATION PLAN Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that no action is requested tomght, but rather a review of the information. Ms. Ewing explained the changes made to the compensation plan. The items covered in the plan document include the plan objectives, plan structure, open salary range, position classification assignment, allocation of new positions, pay grades, apprenticeship program, performance evaluations, annual mazket adjustment consideration, modification of the plan, review of the plan and filing of the plan. The consideration of the adoption of the plan will be on the next City Council agenda. (b) CONSIDERATION FOR APPROVAL OF INSTALLATION OF FIBER OPTIC CABLE Tom Kloss, Information Technology Director, presented before the Council. Mr. Kloss explained that there is a fiber optic cable that runs between the City Center and the W astewater Treatment Plant. A portion of this cable runs overhead and hangs from utility poles. These poles aze planned to be taken down in 2006 by Hutchinson Utilities Commission. Because of this, staff is requesting that the fiber optic cable be relocated underground in this area. In addition, staff is requesting installation of new fiber optic cable to serve Oakland Cemetery and the • Event Center. This system will then have the ability to branch off and serve the Rec Center and Fairgrounds and make a connection with Ridgewater College. This connection will enhance capabilities for the police department and the City in general. The City will also have the opportunity to lease lines to the state and county. The total cost of the project is $45,600 with $23,300 being covered by the Wastewater department and the remaining funds coming from the Capital Improvement Plan. Frber cable is more cost efficient at this time compazedto wireless. Motion by Stotts, second by Haugen, to approve installation of fiber optic cable. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF WASTEWATER OPERATIONS CONSULTING AGREEMENT John Rodeberg, Public Works Director, presented before the Council. Mr. Rodeberg explained that the Wastewater Department currently has two operator positions that have been open for quite some time. To address this issue and until they can be filled, Mr. Rodeberg is requesting that a consulting agreement be entered into with Bonestroo, Rosene Anderlik & Associates for wastewater administrative support services. The proposal estimated from the consultant is $25,542.00. Mayor Cook stated that these services would typically be done by staff. He asked that since this contract is on an as-needed and not-to-exceed basis that when the services are used that the reason for the individual need to be documented and available for review. Motion by Stotts, second by Peterson, to approve wastewater operations consulting agreement with Bonestroo Rosene Anderlik & Associates. Motion carved unanimously. (d) CONSIDERATION FOR APPROVAL OF PURCHASE OF SKYDIVE HUTCHINSON PROPERTY FOR AIRPORT AND MUNICIPAL USE John Rodeberg, Public Works Director, presented before the Council. Mr. Rodeberg explained that Skydive Hutchinson has been for sale for quite some time and has not been sold. Mr. Rodeberg shared several concerns and opportunities that staff has identified with the property being sold to some type of business that does not • have an aurport use. In addition, the building on the site may very well be exceptional for city services. Staff is requesting that the Council authorize an appraisal be conducted of the land and building and enter into an ~ ~~~ CITY COUNCIL MINUTES -NOVEMBER 8, 2005 agreement with Robinson Appraisal & Associates to conduct the appraisal. • Motion by Peterson, second by Stotts, to approve Resolution No. 12848, authorizing completion of an appraisal of the Skydive Hutchinson building and property. Motion carried unanimously. (e) DISCUSSION OF POTENTIAL REVISIONS TO HUTCHINSON'S MUNICIPAL STATE AID STREET SYSTEM John Rodeberg, Public W orks Director, presented before the Council. Mr. Rodeberg explained the need for the City to obtain additional routes to be included in the Municipal State Aid Street system. The City receives funding for the routes that aze included in the system. Motion by Arndt, second by Stotts, to approve proceeding with the process and working with Mid-Minnesota Regional Development to complete the>r required review. Motion carried unanimously. (f) CONSIDERATION FOR APPROVAL OF AMENDMENT TO SEWER SERVICE CHARGE SYSTEM CONSULTING AGREEMENT WITH DONOHUE John Rodeberg, Public Works Director, presented before the Council. Mr. Rodeberg explained that an amendment to the sewer service chazge system is needed due to discrepancies in loadings from Hutchinson Technology Inc. and other industrial wastewater permit holders in the City. Until the City can fairly accurately estimate effluent pazameters, the rate system cannot be feasibly developed. Based on the results of the study, changes may need to be made to the wastewater treatment facility or the treatment process of the industrial permit holders. Motion by Stotts, second by Amdt, to approve amendment to sewer service charge system consulting agreement with Donohue & Associates. Motion carried unanimously. (g) CONSIDERATION FOR APPROVAL OF SETTING JOINT MEETING WITH HUTCHINSON UTILITIES • COMMISSION ON NOVEMBER 3Q 2005, AT 4:00 P.M. (UTILITIES RATE STUDY) Motion by Peterson, second by Stotts, to approve setting joint meeting with Hutchinson Utilities Commission on November 30, 2005, at 4:00 p.m. at the Hutchinson Event Center to review Utilities rate study and discussion of fund transfer. Motion carried unanimously. (h) CONSIDERATION FOR APPROVAL OF SETTING CITY COUNCIL BUDGET WORKSHOP Gary Plotz noted that this workshop is needed to discuss the enterprise funds and the general fund. In addition, a workshop is needed for the Council to meet with the City Administrator to discuss the 2006 budget proposal. Motion by Peterson, second by Stotts, to approve setting City Council budget meeting with the City Administrator on November 15, 2005, at 9:30 a.m. and setting City Council budget workshop for November 15, 2005, at 3:15 p.m. to discuss the enterprise funds. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS Jim Haugen -Council Member Haugen commented on the downtown streetscape project. John Rodeberg mentioned that the streetlights should start to be placed next week. They will do one stde of the street at a time. John Rodeberg also gave an update on the Golf Course Road project which the majority should be done by the end of next week. A portion will be closed off over the winter due to bituminous not being placed on it. Gary Plotz -City Administrator Plotz explained that additional signatures were received for the initially submitted petition for a City Charter amendment. Mr. Plotz reported that a sufficient number of additional signatures was received. Marc Sebora, City Attorney, explained that due to the sufficiency of the signatures, an election needs to be set for the citizens to vote on the charter amendment. The election needs to held within 90 days of verification of the sufficiency of the signatures, which is no later than February 2, 2005. This item will be placed on the next City Council meeting agenda. 4 ~~ ~~~ CITY CO UNCIL MINUTES -NOVEMBER 8, 2005 John Rodeberg - Mr. Rodeberg noted that he serves on a state transportation boazd which generally attends the . National Transportation Boazd meeting every yeaz in Washington D.C. The cost of the trip is paid for the by the national institute and Mr. Rodeberg does not use city time to cover this meeting, however he requested that the City Council consider formally approving the travel authorization since it is out of state. Motion by Amdt, second by Haugen, to authorize travel for John Rodeberg to attend the National Transportation Boazd in Washington D.C. in January 2006. Steve Cook -Mayor Cook noted that the Council had received a request from family members of troops to place yellow ribbons azound the community in honor of the deployed troops. Mayor Cook noted that he will contact the requestor. Mayor Cook also requested that Ken Merrill beavailable for the meeting that is scheduled with the Council and the City Administrator on November 15, 2005. MayorCook also requested that the City Administrator obtain information regazding Medicare and Medicaid cost mcreases as they would pertain to employee contributions since we are considering a similaz wage increase for employees as social security recipients will receive next yeaz (4.1 %). 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Amdt, second by Stotts, to pay claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, a motion was made by Peterson, seconded by Stotts to adjourn the meeting at 7:30 p.m. C~ ~~~~ BID OPENING . LETTING NO. 2/PROJECT NO. 05-02 NORTHEAST TRUNK STORM SEWER PHASE I November 14, 2005 at 2:00 pm Present: Gary Plotz, City Administrator, Kent Exner,.City Engineer Melissa Starke, Recorder The Bid Opening was called to order at 2:00 p.m. by Gary D. Plotr. Mr. Plotr noted that the City Council reserves the right to reject all bids and to waive any informalities and irregularities. The reading of the Advertisement for Bids was waived and the following bids were opened and read aloud: Duininck Bros. Inc. Bid Price: $84,797.60 Prinsburg, MN Juul Contracting Bid Price: $50,654.50 Hutchinson, MN Rickert Excavating Bid Price: $63,792.50 Brownton, MN Closed: 2:04 p.m. ATTEST: Steven W. Cook Mayor C~ Gary D. Plotr City Administrator y lb~ MINUTES • HUTCHINSON CITY COUNCIL HEARING -DANGEROUS DOG TUESDAY, NOVEMBER 10, 2005, 3:30 P:M. 1. CALL TO ORDER - 5:00 P.M. ayor oo ca e e eanng to order. Members present were Bill Arndt, Kay Peterson , Casey Stotts and Jim Haugen. Others resent were City Attorney, Mazc Sebora, Officer Jason Mathwrg, Officer. Aazon Berry, Melissa and Christtan Johnson, Alan Molina, Dustin Paulson, and Melissa Stazke, Recorder. 2. HEARING (a) ALAN MOLINA -OWNER Marc Sebora, City Attorney, stated that the Animal Control Officer had designated Alan Molina's dog as a dangerous animal due to his dog biting a child. Part of the city ordinance allows the dog owner to appeal this dangerous dog designation. Mr. Sebora explained some of the penalties should the Council Members find the dog is in fact dangerous. Officer Jason Mathwig testified that he had been called up to the emergency room of Hutchinson Area Health Caze on September 4, 2005, in reference to a dog bite. Upon his arrival, he met with 5-yeaz-old, Christian Johnson. Christian told Officer Mathwig that while he was playing outside of his home at 1025 Texas Avenue he was bitten in the arm by a dog. • Officer Aaron Berry testified that on September 6, 2005, he met with. Alan Molina regazding this incident. Mr. Molina showed Officer Berry the vaccination papers of his dog. Mr. Molina informed Officer Berry that he recalled one other incident when his dog had bitten another child. Alan Molina explained that his dog is a boxer breed named Deidre. Officer Mathwig testified that Mr. Molina explained to him that he was outside when this incident occurred and that his dog would not have bitten the child. Officer Mathwig spoke with the cazetaker of the apartment complex who stated that Mr. Molina was outside on this date but was not in the azea of his dog. Melissa Johnson, mother of Christian, testified that she is awaze of another child being bitten in the apartment complex. She stated that her children aze used to animals and in no way antagonize animals. Based on this dog biting other children, she is requesting that the dog be put down so that it does not happen again. Alan Molina testified that his dog was on a leash at the time of the incident. He had informed one other child that was playing outside at the time not to go neaz his dog. Mr. Molina stated that he always has hrs dog on a leash. The dog was tied up right outsrde his apartment complex. Mr. Molina is not aware of his dog biting another person, but is awaze that she has scratched a pperson. Mr. Molina raised concerns that Chnshan was faz away from his home and neaz Molina's apartment. Mr. Molina also stated that there are several dogs that live neaz his apartment and he has a hard time believing that his dog could positively be identified as the one that bit Christian. Mr. Molina also belreves that the cazetaker of the apartment persuaded Christian to state that Molina's dog was the one that bit him. C~ a ~~~ Bill Arndt asked Molina why he feels he needs to have two pit bull-type dogs. Mr. • Molina explained that he just got the second dog recently. The owner that he bought the dog from felt he was a responsible dog owner. Mr. Molina stated that he is not tratning his dog to be vicious or dangerous. Motion by Stotts, second by Arndt, to designate Mr. Molina's dog as a dangerous animal. Jim Haugen stated that he has concerns with the history of the dog attacking other persons. Dustin Paulson stated that the person that was scratched by Deidre was playing football neaz the dog and the dog probably thought it was starting to fight. Mr. Paulson also stated that Deidre is generally a calm dog. Mayor Cook noted he is reluctant to see the dog destroyed. He requested that the dog always remain leashed and wear a soft muzzle while it is outside. Jim Haugen asked if an azea could be fenced in for the dogs to be contained in. Mr. Molina does not feel there is enough room in the azea and due to the amount of the dogs in the azea, it may be an issue. Casey Stotts asked Ms. Johnson if she would be agreeable to the requirements # 3 & #4 of Hutchinson City Code 93.03. These requirements include prov~dmg annual public liability insurance m the minimum amount of $300,000 and being sure the dog is muzzled and. restrained on a chain or leash when it is outside: The leash must be restrained by a person of 16 yeazs of age or older and the muzzle must be designed as to prevent the dog from biting. Ms. Johnson stated she would be agreeable to that. Motion by Stotts, second by Haugen, to impose requirements #3 & #4 of Hutchinson City Code 93.03. Motion carried unammously. If the dog is found not to be in compliance with these sanctions, the dog will automatically be ordered to be destroyed. 3. ADJOURN • With no further business to discuss, a motion was made by Peterson, seconded by Arndt, adjourn at 4:15 p.m. Motion carried unanimously. • ~<<~ PIONEERLAND LIBRARY SYSTEM BOARD September 15, 2005, Meeting Minutes ® The September 15, 2005, meeting of the Pioneenand Library System board was called fD order by Chair Garrison Hale at 7:35 p.m. in the Willmar Public Library meeting room. Roll call was taken; a quorum was announced. Hale asked that Two items be added to the agenda: VI.A Recording Secretary; and VII.B. PLSIPCLS Meeting. Brent Olson moved to approve the agenda as modified; second by Ron AMorry; canned. Joan Reckdahl moved to approve the June 16, 2005, rrdnutes; second by Barb Netson; tamed. Jeff Lopez presented for the Finance Committee: 1) August 2005 financial report stated expected levels; recxxrunerided approval. 2) August 2005 bilislcheck registers reflected routing expendihrres; recommended approval. Jack Sandburg moved to approve the August 2005 Finanaal re-port. and the 4ugust 2005 bills and check register, second by Brent Olson; canned. 3) Lopez asked Director John Houlahan to provide information on Canby and Benson library vacancies resulting from retirements. Houlahan reported there are several options available to PLS (sharing a head librarian with another PLS member library or having an Asst III staff person serve as irttenm acting head librarian until June 2006}. No action will betaken until the union reviews the proposed course of action. 4) Lopez moved that PLS' State Report on Resuks of Accomplishments, due in early October, should be signed by Chair Hale upon the finalization of the budget numbers. John Baker second; motion canted. 5} Investment strategies for managing and increasing interest income was tabled urdi7 the October meeting so that ail options and requirements for investing federal and/or grant monies can be investigated. 6) Houlahan reported 2006 health insurance rate increases were signficaMly less than expected and recommended PLS seam more about VEBA and insurance options. He will be investigating further information sessions/ workshops with Appletree to see ff VEBA will be appropriate and/or cost effective. 7) 2006 City and County MOE showed a significant increase in net tax capacity. PLS cities and counties particularly affected include Atwater, Renville County, Yellow Medicine and Meeker. 8) Houlahan provided information on special monies available to PLS: amatched-funding Gates grant; extension of grant funds upon Mardag Foundation's approval of the Marketing Plan (provided for review}. He also recommended the librarians' requestthatthey be reimbursed for mileage and time when they attend LMC meetings become a topic for discussion at the upcoming union contract negotiation meetings. Contrary to the IRS increase in mileage to 48.5¢, PLS should adopt await-and-see posture and retain its 40.5¢ mileage reimbursement amount figures until 111106, generating much discussion. Richard Falk moved that PLS raise its mileage reimbursement rate to 48¢, effective 10H5105; second by Ar>tony. Following more discussion and a request by Redcdahl, Richard Falk amended his motion too raise the PLS mileage reimbursement rate to 48¢ for PLS empbyees and retain the 40.5¢ reimbursement rate for board members, effective 10115105; second by Airtorry; carried with two dissenting votes. ~~~~1 PIONEERLAND LII6UL4RY SYSTEM REVENUE AND EXPENDITURE REPORT SEPTEMBER 30, 2005 HUTCHINSON • REVENUE: M-T-0 Y-T-D % OF °k OF AMOUNT AMOUNT BUDGET BUDGET YEAR UNRESERVED/DESIGNATED FOR WORKING CAPITAL 0.00 128,909.29 108,621.00 118.68% 75% CITY OPERATING 0.00 78,040.50 104,054.00 75.00% 75% CITY AUTOMATION 0.00 9,204.75 12,273.00 75.00% 75% COUNTY OPERATING 0.00 36,473.20 49,670.00 73A3% 75% COUNTY AUTOMATION 0.00 5,010.75 6,681.00 75.00% 75% CHARGES, FINES 567.50 4,706.74 6,400.00 73.54% 75% COPIES (COPIER, FAX, COMPUTER) 306.10 2,628.10 3,000.00 67.60% 75Y° GIFTS 150.00 1,384.90 1,500.00 92.33% 75% BOOK SALES 0.00 0.00 0.00 0.00% 75Y° OTHER 88.00 487.95 1,000.00 48.80% 75°~ TOTAL REVENUES 1,111.60. 266,846.18 293,199.00 91.01% 75% EXPENDITURES: SALARIES -8,978.12 -63,472.65 -122,000.00 -68.42% 75% HEALTH INSURANCE 355.76 -3,379.72 -4,624.00 -73.09% 75°k PAYROLL TAXES -1,068.38 -10,068.93 -16,136.00 -62.40% 75°h BOOKS -2,331.47 -20,438.32 -29,000.00 -70.48°~ T5% PERIODICALS -130.00 -3,380.18 -4,499.00 -75.13% 75% VIDEOS -04.94 -237.25 -1,434.00 -16.54% 75% TELEPHONE 49.73 -215.80 -420.00 -51.38% 75°k POSTAGE 37.00 -134.00 -200.00 -67.00% 75°k NEW EQUIPMENT -0.00 -653.OD -6,000.00 -10.68% 75°k MAINTENANCE/CONTRACTS -0.00 -0.00 -1,428.00 0:00°k 75°k ° ~UPPLIESIPRINTING -0.00 -1,039.88 -2,080.00 49.98% 75 k PROMOTIONAL/PROGRAMS/ADS -0.00 -852.72 -800.00 -106.59°k 75% INSURANCE(WORK COMP/CONTENTS/LIABILITY) -0.00 -1,360.59 -1,800.00 -75.59% 75°k PROFESSIONAL FEES (AUDIT) -0.00 -0.00 150.00 0.00% 75°k BOOKKEEPINGIOVERDUES 323.32 -2,920.20 4,200.00 -69.53% 75% CONT ED/MTGSIMLGE -17.46 -220.38 -500.00 44.06% 75°k SALES TAX -0.00 -0.00 -250.00 0.00°% 75°k AUTOMATION SERVICES -1,579.50 -14,215.50 -18,954.00 -75.00% 75°k TOTAL EXPENDITURES -14,915.68 -142,589.12 -214,475.00 -66.48% 75°k UNRESERVEDIDESIGNATEDEOR WORKING CAPITAL -13,804.08 124,257.06 76,724.00 75% 5 ~~~~ MINUTES . Parks, Recreation & Community Education Advisory Board October 3, 2005 Members present were: Bill Arndt, Mike Cannon, Beth Hepola, Ralph Johnson, and Lora Muilenburg. Also present was Dolf Moon and Karen McKay. The meeting was called to order at 5:21 pm. A motion made by Mike Cannon and seconded by Bill Arndt approved the minutes dated August 1, 2005. The board unanimously agreed. OLD BUSINESS Rotary Park: A donation of $30,000 will be given to the city in January will provide a paved pazking lot and a paved trail looping azound the park. The work will be completed this fall. The pazk upgrades have been completed with grant money totaling $67,000 along with $47,000 from the Rotazians. The Rotazians also planted additional trees in the pazk. Library Sauaze: Projects aze being finished in Library Squaze. The Hutchinson Brothers statues were dedicated on September 11`s. The lighting has been installed. A 40 foot flagpole will be • installed on the north side of the park towazd Main Street. The drinking fountain will be installed as part of the streetscape project. The upgrades have been completed over athree-year period. State Amateur Baseball: The field looked great for the three weekend tournaments. The new entrance in the parking lot worked well for traffic flow and it kept the dust under control. The state board had good comments. The city will receive 15% of the gross sales of concessions, beer sales, novelties and booklets. Hutchinson won't be eligible for another state amateur baseball tournament for 10-12 yeazs. High School Pool: The boiler that heats the High School Pool is down and the School Board has to decide whether to fix or replace it. Brian Mohr recommended a temporary fix by purchasing two water heaters, one to handle the pool and one for the domestic water at the High School. High Tides has worked out a rough schedule provided the pool does not get repaired. At the School Board meeting several community and High Tides members spoke regazding the priority of fixing the pool heater. Dolf told the board that the rate structure had not been addressed since 1998 and needs to be looked at again. n U ~~rQ~ MINUTES PRCE Advisory Board October 3, 2005 Page two Budeet: Dolf is working on the 2006 budget. New in '06 will be the transfer of the Forestry Division from Pazks to Public Works. The Street Division has provided staff, vehicles and equipment to complete forestry tasks. The budget process will ongoing through December. The Mayor wants to reduce the city budget by a half million dollars. Dakota Rail: The Rail Authority has purchased Dakota Rail. The City retains all of the spurs, and bridges stay intact. Sheldon Nies has suggested that the DNR manage the transportation corridor up to Highway 22 and the City control Highway 22 to the Depot. Dolf told the Boazd that an interest group would be put together to present a proposal to the DNR. Fall Program Update: The Boazd received an outline of program participant registration numbers. There are 42 volunteer coaches for soccer, and flag and tackle football. The volunteers get their program fee waived if they coach their child's program. Communication Information: Dolf questioned the Boazd to find out where they receive their local news and information. Common responses were the internet, the Hutchinson Leader, the PRCE gameline, the seasonal brochure, bulletin boazds and local television Channel 10. The . City of Hutchinson has a web page set up to route resident's inquiries, comments and concerns to the appropropriate departments for a follow phone call or a-mail. ADJOURNMENT The meeting was adjourned at 6:30 pm by a motion made by Lora Muilenburg and seconded by Ralph Johnson. The board unanimously agreed. klm .5 C~~3 Hutchinson Housing & Redevelopment Authority Regular Boazd Meeting Tuesday, October 18, 2005 • Minutes 1. CALL TO ORDER: Chairman Casey Stotts called the meeting to order. Members Present: Becky Felling, Thor Skeie, and Dan Cazlson. Staff Present: Jean Wazd, and Judy Flemming. 2. MINUTES OF THE HRA BOARD MEETING ON SEPTEMBER 20, 2005 Becky Felling moved to approve the Minutes as written. Thor Skeie seconded and the motion carried unanimously. 3. FINANCIAL REPORTS Becky Felling moved to approve the City Center Financials. Dan Cazlson seconded and the motion carried unanimously. Dan Carlson moved to approve the Park Towers Financials. Becky Felling seconded and the motion carried unanimously. 4. PARK TOWERS a. Jean Wazd updated the Boazd on the renovation project. b. Thor Skeie moved to approve Resolution #OS-14 Adopting the Enterprise Income Verification Security Policies & Procedures. Dan Cazlson seconded and the motion carried unanimously. 5. HHPOP -ROLLING MEADOWS EAST SINGLE FAMILY RFP AWARD Jean Wazd reviewed with the Board the RFP award. 6: CITY OF HUTCHINSON SCDP REVOLVING LOAN BALANCES AS OF 9/30/2005 Jean Wazd reviewed with the Board the balance spreadsheets. • 7. FRANKLIN-GROVE NEIGHBORHOOD PROJECT UPDATE a. .Consideration of Franklin-Grove Neighborhood SCDP Loan #8680-26 Judy Flemming presented to the Board the recommendation from the Loan Review committee to approve Franklin-Grove Neighborhood SCDP Loan #8680-26. Becky Felling moved to . approve the Franklin-Grove Neighborhood SCDP Loan #8680-26. Dan Cazlson seconded and the motion carried unanimously. REVIEW OF HRA BOARD APPLICANTS AND RECOMMENDATION TO CITY COUNCIL FOR REPLACEMENT OF IAN MCDONALD ON HRA BOARD The Board reviewed the three Interest Forms for applicants for the HRA Boazd. They felt that all the applicants were good but were interested in a person with banking experience. Chairman Casey Stotts requested that a letter be sent to the two applicants that were not selected, thanking them for their interest. Thor Skeie moved to recommend to the City Council Joel Kraft for the replacement of Ian McDonald on the HRA Boazd. Dan Carlson seconded and the motion carried unanimously. 9. ADJOURNMENT Dan Cazlson moved to adjourn. Becky Felling seconded and the motion carried unanirnously. There being no other business, Chairman Casey Stotts declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director • Becky Felling, S~~J`~ BOARD OF DIltECTORS MEETING -October 18, 2005 Hospital -Conference Room A/B Members present were: Wayne Fortun, Chairperson; Mike Mueller, Vice Chairperson Sherry Ristau, Secretary; Steve Snapp Trustee; and Bernie Knutson, Trustee. Absent: Dr. AI Lua, Chief of Staff; Kay Peterson, Trustee (excused). Others present were: Philip Graves, President; Elaine Schermann, Quality Resource Representative; Doug Hanneman, Hutchinson Leader; and Corrinne Schlueter, Recorder. Chairperson Fortun called the meeting to order at 5:31 PM. Consent A¢enda • Chairperson Foriun reviewed the following consent agenda items. The agenda was as follows: L Past Meetin Minutes Se tember 20, 2005 2. Statistical Re rt se azate attachment 3. Financial Re ort S tember 2005 4. Accounts Pa ble and Cash disbursements (S tember 2005 5. Auxili Meetin Minutes Se tember 2005) • Following discussion, Snapp made a motion, seconded by Knutson, to approve the consent agenda as presented. All were in favor. Motion carried. 1. New Business. A. Medical Executive Committee Meetin¢ Minutes & Credentialine. Graves provided a report on the recent Medical Executive Committee Meeting. The following practitioners were recommended for membership to the Medical Staff: Initial Appointments. Annette Elwood, CRNA Anesthesia Allied Health Ind. Thomas Meyer, CRNA Anesthesia Allied Health Ind. Reanoointment. Steven Curtis, MD Orthopedics Active John Gray, MD Nephrology Courtesy David Hurrell, MD Cazdiology Courtesy Thomas Ibach, MD Radiology Active JoLynn Loch, LADC Chemical Dep. Allied Health Ind. • SCa~ ~ Boazd of Directors Meeting . Page two October 18, 2005 Richazd Lowry James Mona, DO Patricia Olson, PA-C Paul Rust, MD Julene Schatz, RN Ortho Technician Emergency Med. Physician Assist. Radiology RN Allied Health Dep. Active Allied Health Dep. Courtesy Allied Health Dep. Resienations. Herbert Jones, MD Aivazs Slucis, MD Radiology Radiology • Following discussion, Mueller made a motion, seconded by Snapp, to grant membership and privilege and to accept resignations of the above listed practitioners as recommended by the Medical Executive Committee. All were in favor. Motion carved. B. Audit and Compliance. Snapp reported the Audit Committee met on October 12, 2005. Final approve of two policies were discussed; Charity Care and Patient Discount Policy. Also received and adopted, was a Financial Engagement letter, for the 2005 audit, from Dan Vandenberghe, of McGladrey and Pullen. The Committee • discussed whether or not to request a change in audit partners. The decision was made to delay this request until the 2006 audit to coincide with the retirement of Graves. The next item discussed was the adoption, by the committee, of a policy regarding Auditors Independence. Following discussion, motion was made by Knutson, seconded by Ristau, to approve the Audit and Compliance report as presented. All were in favor. Motion carried. C. Roof Drain Improvements. Graves outlined a safety problem that has been experienced with the roof drains at the Plaza 15. He said the rain leaders on the building were designed to form a drainage system which ponded water in the parking lot at the back of the building. Winter conditions have presented safety problems with ice buildup which has become more appazent since the opening of the Mental Health Clinic. A proposal was submitted to collect all the rain leaders inside the building and empty the water directly into the storm system. Two bids were received: one in the amount of $33,742 from Lakeland Mechanical and the other one in the amount of $34,600 from New Mech Companies, Inc. Following discussion, motion was made by Knutson, seconded by Ristau to accept the low bid from Lakeland Mechanical in the amount 5~~~~ Boazd of Directors Meeting Page three October 18, 2005 of $33,742 for the roof drain correction. All were in favor. Motion carried. II. Rye orts• President. Graves reported we will have a presentation on the new CT Scanner Unit at the next meeting. There were no reports from the Division Services Team members, as they were attending a conference in Minneapolis. Patient Safetv. Schermann reported we had a very successful JCAHO survey. There will be a Lab Survey in January and we have planned our tracer visit for November. The "tracer methodology" follows a patient through the health care system Allina Report. No additional information. Mueller made a motion, seconded by Snapp, to adjourn the meeting. The meeting was adjourned at 6:00 PM. • Respectfully submitted, .ii.c.s.-.<-,.-~.~ Corrinne Schlueter Recorder Sherry Ristau Secretary 5 t0. ~- MINUTES • HUTCHINSON PLANNING COMMISSION Tuesday, October 18, 2005 Hutchinson City Council Chambers CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Kirchoff at 5:30 p.m. with the following members present: John Lofdahl, Jim Haugen, Lynn Otteson (5:55 p.m.), Robert Hahtge and Chairman Kirchoff. Absent: Farid Currimbhoy and Mike Flaata Also present: Julie Wischnack, AICP, Planning Director; Kent Exner, City Engineer and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated September 20, 2005 Mr. Haugen moved to approve the minutes of September 20, 2005 as submitted. Seconded by Mr. Hantge. The minutes were approved unanimously. • 3. PUBLIC HEARINGS a) CONSIDERATION OF A VARIANCE TO REDUCE DRIVEWAY SETBACK FROM 5 FEET TO 0 FEET TO ADDRESS DRAINAGE PROBLEMS LOCATED AT 145 -10T" AVE. N.E. Chairman Kirchoff opened the hearing at 5:33 p.m. with the reading of publication # 7387 as published in the Hutchinson Leader on October 6, 2005. Ms. Wischnack explained the request and commented on the drainage problems in the area. She stated the gravel from the driveway erodes onto the street. She explained she and Kent Exner met with the neighbor to the South to discuss the drainage running across the street. She explained the area wasdeveloped in two stages and the street was constructed in two stages. Mr. Exner stated there is a pavement management plan proposed in 3 to 5 years for that street. Ms. Wischnack explained there are tight elevations to meet the drainage requirements. She commented on the rear yard coverage being at 16%. She commented on the staff recommendations as follows: 1. The boulevard tree must not be disturbed. Work with the City . Forester to determine location. ,~ ~~~ ~ Minutes Planning Commission -October 18, 2005 Page 2 2. Keep driveway 1 foot from the fence at all places. • 3. Provide five spot elevations along the driveway prior to pour, to make sure the northern section of the driveway wilt accept water rather than retain water. 4. The City Engineer must complete an inspection ,before the driveway is poured. 5. Moving or removal of utilities is at the property owner expense. 6. The driveway must be jointed in the front to allow for ease of replacement if there is street reconstruction. Mr. Exner stated the driveway construction will be inverted to provide drainage. Discussion followed on the depth of the invert on the driveway. There was also discussion on the elevations of the properties and the placement of catch basins and potential water flow. Mr. Exner stated it is critical the elevations are met on the site. Discussion followed on the neighbor's concerns including both the gravel washing onto the street and the water draining across the street. Mr. Exner stated the water problem will not be addressed until the street is reconstructed. Bev Zumach, 146 - 10`" Ave. N.E., explained the water sits in the street and does not run to the catch basin. She stated she has lived there over 38 years and this was not always a problem. She stated it needs to be fixed. She stated the drain needs to be on the north side of the street. She also questioned the garage permit issued to Mr. Goranson. • Angie Zumach, Ms. Zumach's daughter, asked if the drains could be placed on the north side of 10"' Ave. Discussion followed on the hook up of drainage. Mr. Exner explained the street must be reconstructed. Mr. Exner stated he spoke with the neighbor on the east side of Mr. Goranson. He understood the neighbor is in favor of the driveway and feels it will be an improvement. The neighbor is concerned with the depth of the "v" and the width of the driveway not being wide enough. Discussion followed on the many drainage problems in the neighborhood. Mr. Goranson, property owner, stated he understands the drainage problem on the street and explained the water placement on the property prior to the garage being built and after. He stated he would also like to see the road reconstructed sooner than 5 years. Discussion followed on the low spot in the road and if anything could be temporarily done to fix the problem. Mr. Exner stated he will discuss the problem with John Olson, Public Works Superintendent. He explained this is not an easy fix. Ms. Angie Zumach asked who pays to reconstruct the road. ~J `~~~~~ Minutes Planning Commission -October 18, 2005 Page 3 Mr. Exner stated this is termed street maintenance and the City pays 50% • and the property owners 50%. Ms. Wischnack stated the storm sewer and utility funds pay the City portion. Discussion followed on cost to property owners. Ms. Bev Zumach asked where a new catch basin would be placed. Mr. Exner stated possibly on the North side of the street. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:08 p.m. Mr. Lofdahl made a motion to recommend approval of the request with staff recommendations noting the hardship of the drainage in the area. Seconded by Mr. Haugen. The motion carried 3 ayes to 1 nay (Mr. Hantge) and Ms. Otteson abstaining. Ms. Wischnack stated this item will be placed on the City Council regular agenda at their meeting held October 25, 2005 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A VARIANCE REQUESTED BY PAUL BETKER TO INCREASE TWIN HOME LOT COVERAGE TO 40% ON LOT LOCATED AT 265 OTTAWA AVE. S.E. Chairman Kirchoff opened the hearing at 6:10 p.m. with the reading of publication # 7388 and #7389 as published in the Hutchinson Leader on October 6, 2005. Ms. Baumetz commented on both items b and c explaining the lot coverage issue for twin homes and the Planning Commission's decision in the past not to amend the Ordinance to increase lot coverage. She commented on staff recommendations as follows: The original grading plan and drainage between structures must be followed. There would be no further consideration of coverage variances to this property. Mr. Lofdahl stated the lot sizes should be increased if the homes are to be constructed larger. Mr. Betker explained the need for increased size of houses. He stated the lot sizes were increased in this development. Discussion followed on amending the ordinance to 40%. Mr. Lofdahl asked if there needed to be footings on the front porch areas. Mr: Betker stated frost could be a problem. Discussion followed on developer's pushing the limits if the ordinance were to be changed. There was also discussion regarding the hardship definitions. • ~~~~~ Minutes Planning Commission -October 18, 2005 Page 4 Mr. Hantge made a motion to close the hearing. Seconded by Ms. Otteson the hearing closed at 6:40 p.m. Mr. Lofdahl made a motion to recommend to deny due to lack of hardship. Seconded by Mr. Hantge. There was discussion regarding the precedent set in approving previous variances. Discussion followed on the need to amend the ordinance or require replatting. Chairman Kirchoff called for the motion. The motion to deny failed with 1 aye and 4 nays. Chairman Kirchoff called for a new motion. Mr. Hantge made a motion to recommend approval of the request with staff recommendations and based on the hardship of the discrepancies when the land was platted and the footprint of the building. Seconded by Ms. Otteson. The motion carried 4 ayes to 1 nay (Mr. Lofdahl). Ms. Wischnack stated this item will be placed on the City Council regular agenda at their meeting held October 25, 2005 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF A VARIANCE REQUESTED BY PAUL BETKER TO INCREASE TWIN HOME LOT COVERAGE TO 39% ON LOT LOCATED AT 240 OTTAWA AVE. S.E. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Lofdahl the hearing closed at 6:45 p.m. Mr. Hantge made a motion to recommend approval of the request with staff recommendations based on the hardship of the discrepancies when the land was platted and the footprint of the building. Seconded by Ms. Otteson. Discussion followed on revisiting the ordinance. The motion carried 4 ayes to 1 nay (Mr. • Lofdahl). Ms. Wischnack stated. this item will be placed on the City Council regular agenda at their meeting held October 25, 2005 in the Council Chambers at 5:30 p.m. d) CONSIDERATION OF A REQUEST TO ANNEX 5.9 ACRES OF ROAD RIGHT OF WAY (5T" AVE. S.E. FROM THE CITY LIMITS TO HWY 22) OWNED BY MCLEOD COUNTY AND THE STATE OF MINNESOTA Chairman Kirchoff opened the hearing at 6:50 p.m. with the reading of publication #7390 as published in the Hutchinson Leader on October 6, 2005. Ms. Wischnack explained the annexation by ordinance proposed by the City to annex approximately 5.5 acres of road right of way. She explained the County constructed the road and the City maintains the road. She stated the annexation would make State Aid Funding available to the City. Charles Fry, husband of Eunice Decker an abutting property owner, asked who made the request to annex. Ms. Wischnack stated the County and State signed the petition at the City's request. Mr. Fry stated Ms. Decker owns abutting property and he has concerns with the annexation and the County officials. • Chairman Kirchoff stated it is good to hear the opinion of the property owner but it is hard to follow Mr. Fry's reasoning for his concerns. 5 ~~-~~ Minutes Planning Commission -October 18, 2005 Page 5 • Mr. Exner explained the County funded the road and the City funds the maintenance of the road. The City is asking to add the road to the State Aid system. He explained State Aid funding td cities and stated the City of Hutchinson is short of the allocated amount of State Aid roads to collect the State Aid dollars. Discussion followed on the funding from the State gas tax. Ms. Wischnack explained the nofrfication process for the annexation which is only the street right of way. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 7:05 p.m. Mr. Hantge made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Lofdahl. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council .consent agenda at their meeting held October 25, 2005 in the Council Chambers at 5:30 p.m. e) CONDERATION OF AMENDMENT TO THE CITY CODE SECTION 154 TO ADD LANGUAGE REGARDING TUBE TRUSS BUILDINGS Chairman Kirchoff opened the hearing at 7:06 p.m. with the reading of publication # 7391 as published in the Hutchinson Leader on October 6, 2005. • Ms. Wischnack commented on the proposed language to add to the City Code. Mr. Hantge made a motion to close the hearing. Seconded by Ms. Otteson the hearing closed at 7:08 p.m. Ms. Otteson made a motion to recommend approval of the .request as written. Seconded by Mr. Lofdahl, the motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held October 25, 2005 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS None 5. OLD BUSINESS None 6. COMMUNICATION FROM STAFF Ms. Wischnack commented on the Orderly Annexation agreement progress. • Mr. Exner stated MNDOT is working on getting Hwy 7 signage for the buildings. 5 ~~~~ Minutes Planning Commission -October 18, 2005 Page 6 Mr. Hantge asked if the 10~' Avenue reconstruction could be moved up on the schedule. There was discussion on the timeline for moving the pawn shop. Ms. Wischnack commented on the public parking lot signage. She also commented on-the new street lights stating the short poles should be here next week and the taller poles in November. Ms. Wischnack explained Mr. Freeland states he is working with the County Rail Authority in regard to moving the building however this has not been confirmed and no moving permit has been issued. ADJOURNMENT There being no further business the meeting adjourned at 7:20 p.m. • ~~~~ '~ 2005 ', (CITY OF HUTCHINSON FINANCIAL REPORT~_~ _ zuw -- OCTOBER 2004' 2005 2005' 2005 2005 OCTOBER, REVENUE REPORT -GENERAL OCTOBER OCTOBER YE RA TO _ ADOPTED. BALANCE ERCE_NTAGE!. YTD MONTH ATE ACTUAL BUDGET'1 REMAINING' . _ USED'. TAXES '~~ 1,580,046 95 1,688,204.77 3 618,290 00 ~ 1,950 085 23_ _ 46.10%, I 0 ~ ERM TS AND FEES P . _ li_ 356 285,40 292 500 00 _ 38 843 72 _ (63 785 4~- _ 121 81 %'~. ~ -- INTERGOVERNMENTALREVENUE ~ 1,560,47920 _ 156799.711 1475,448.80,_2,369,536.00 i 894087.20 5 62.27°k CHARGES FOR SERVICES ~ 946,643.40 ~ 70 487.111 ,023,442.85 1,482,195 00 -- 458 752.1_ _ 69A5% _ FINES 8 FORFEITS I _ -r-- ~ 43,065 46 T ~ 46 366.29 68 000 00 4,469.27 ~ _ ' - i _21 631 71 ~ 68.19% SALES INTEREST ~ _ (499 33) (5,240 14) -4.95 162 33 13 500.41 ~ 40 000 00 53 500 41 33 75°h _ REIMBURSEMENTS ~ _ 139,792 34 9 795 68'. 145 295.65 284 063 00 138 767 35 ~. 51.15% TRANSFERS _ 761,331 44 786 303.661 1 546,000 00 I 499 627.36 759 896 34 50 86% SURCHARGES -BLDG PERMITS _ Y 1,685 36 _ 1574,69 ~ 1 981.63 (157469)__ 000°k ~- _ TOf TAL ~ ~ 5,485,887 48 - 760 639.99 _ 5 526 978.9_61 9 745,484 001 4,218 500 09 _ 56 71 °k --- i----- ~ ~ ~- --- -- I -. ~ _i.- - - ! 2005 i ~ CITY OF HUTCHINSON FINANCIAL REPORT ~ ,2005 --- ;OCTOBER ~ ~ 2004 2005{ 2005 20051 2005;_ O CTOBER ~ EXPENSE REPORT -GENERAL ~ ~ ~ _ OCTOBER YT ~ _ OCTOBER' YEAR TO ADOPTED MONT~ATEACTUAL~ BUDGET BALANCE TREMAINING ERC ~ ENTAGE USED __ - _ - ~ - _ ~- .. - ~ ~ - 001 MAYOR & CITY COUNCIL -. -_. - 1 46 287 78 --- ~~---- _ _ 50,281.84 56,440 00 4 585.33 _ - ~ - - ____. ~ ---- -- _ 6 158 _.._ _ 89.09_ °_k -- - -- ISTRATOR _- __ _ - . 1 209' '____-__ - 223,844.59 298,571 00 19 261 13.,. -_ -___ ~...___ __ - 00 00 74 728 41 ~, _ ._ ~- 6 055 28 74.97% -- 25% 8 i 003 ELECTIONS 696.401 , . 544.72 6,6 - _ _ _ . - - -- 1004 FINANCE DEPARTMENT -- 312 919 37'1 ~ _ -. 500,551 00~_ 355,024.877 34 000.621 _ 145 526 13_ _ 70 93% -- -- 005 MOTOR VEHICLE _. _ - ~ - - 155 640 91 ~ _. - _ - 14 187~59~__ 155,166.32 216,626 OOaI _. 61 459 68_ _ 71.63% ( _ 006 ASSESSING ' 39 457 00 I 44,216.00 46,000 001 1 784 00 I 96.12% 007 LEGAL ~ ~ 138 823 99 _ _ 17 578.23163 304.05 164,446 00 _ _ 1 141 951_ 99.31% __ --- -- ~ 008 PLANNING ~ _ _ _ 136 569 17 ~ _ 14 975 51'~ 150 237._37, 172;156 00 i 299 00 28 176 117 072 46 89 21 918 63 59 226 72 87 27% 66 41 °/a 009 INFORMATION SERVICES 99 290 31 . ! , . __ 11 3 0 - _ ~ 110 POLICE DEPARTMENT __ _ 1 909 813 63 --- _ ~ 2,595,114.00; 187 921 54' 1 998 912.7 _ - 00 00 0 1 281 61 501 20 596 201 30 I 77 0.3%a 1 115 EMERGENCY MANAGEMEN T 5 204 98 _ ~ 8 . ~ 'R, 1 _ ~ 1 1 ~ ~ ~ 0 201 26 46.16% 668,667.16.1. _.___ MENT __ BUILDING & POC _ 10 200 97 ~I 173 280.18 _ 5,894.281 52,642.92, - 12 117.71_1 209,603 281 _ _ 69 358.28 ~ 80_1,206.45 j- _ 4,594.191_ 108,649.66 12.486.00~~ ~~~_156,877.81~-- -~-- 320 AIRPORT _ I 350 UNALLOCATED GENERAL E ~TOTAL_._~ __._.__ 38.691_7 VIO.VV' _ ~ ca,wro.e, .. ,. - __, a.,~iv -- ~ 1200' 26968.22 ~_ 85.48% 138.00~ - 17557.82'' 90.80% sza.oal 1a,las.os ' _ 7s.n^io -- 149 00 78, 945 72 ', 72.64%. _ 366.001 _ _ 78 659.55 91.06% 117.00'; 10 767.34 -~ 90.98°k -_ )3000 _ _ - 52052.19_1 75;09%' ?50.001 ___ 4,351.36 69.46%. 146.00- -- 11,209.46 1~. 92.79%- 542.001 19 338.97 86.03°h' 141.001 157 199.75 j_ 3.23%' - 194.001 14 549.77 ! 86.46% , 550.00 _ - 208,578.56 '.. 72.79 h _ 8400 ~'~ 2,104,19554 o 78.41 /o 5CG)7 r~ Li 2005 T ~ - ( (OCTOBER ~ 2004 CITY OF HUTCHINSON FINANCIAL REPORT 20051 __ _2005 _ 2005 ~- ___ __ __j ____i ACTUAL ~ REVENUEREPORT-GENERAL ADOPTED OCTOBER'. YEAR TO BALANCE ERCENTAGEi ~~ _ _ _ 1 ~ Year to Date I MONTH ATE ACTUAL' BUDGET REMAINING USED ~ T E 1,5 8 0,046.95 0.00! 1,668.204.77 3,818,290.0_0 ~ ~ 1,950,085.23 46.10°k~ __ LICENSES . _ _ -~---- ~. 35,886.25 28.001- 37,560,21' 44~,900.00 - 7,339.79' 83.65%! 422 716.55 ' (PERMITS AND FEES 38,843.72 356,285.4 292 500.00 (63 785.40) 121.81%i , . _ _ INTERGOVERNMENTAL REVENUE~~1,5~60,479.2_0 158,799.71 1 475448.80 2 369 536.00 I 482 195 00 i 85 ' 1 3 442 894 087.20 ~ 15 458 752 62.27%I 69.05°k . , , , . (CHARGES FOR SERVICES I 9_46,643.40 70,487.111 1,02 FINES & FORFEITS I 4.3,065.46 4 469.27 46 368 29 88 000.00 ~ SALES _ ~ ~ , . 21,631.71 41 68 19 °: 0 ' _ _ 162 3 _ (1350045) 40.000.00 t (5'240.1 5$,760. ~ , __ ~__ 9 795.88 _ _ _ 145 295 65 i _ 284 063.00 ~ 139,792.34 , REIMBURSEMENTS I 13 51 15% _a _ _ _ __ 766 303 66 1546 000 00 `~ i 761,331 44 499 627 361 TRANSFERS ~ ~ ~ 759,688.34 _ 50.86/0 ~ ~ PERMITS 1,66536 (198163 ~ 157469_ 000 I !SURCHARGES-BLDG __ 9 745 484 OOi 5 526 978 96 `-- 1( 574.69 500A9 I 4 218 _ 000% 56 71 ~o ~ _ I _ _ _ _ 5 485,687 46 760 T L --- _ I _ ___ _._: - --. - r 2005 _ _ 1 2004 2005 20051 20051 OCTOBER~~ ~ 2005 OCTOBER ~ . , OCTOBER OCTOBER- YEARTO ADOPTED EXPENSEREPORT-GENERAL ' ~ BALANCE ERCENTAGE - YTDI MONTH S_UMMARI2ED i pATEACTUAL BUDGET __ ~ --- -- ~- _ J REMAINING USED. . -- - .; .. _ -- ___ --- 1 237 018 19 121 225 43 _ 1 371 720 67 r 1 779 164 00 ~. General Govt -- ~ ~ 407 443 33 - -- _ 77 10% ~.. _ _ _ _ ~ • P bu tic Safety 1 2 300 941 16 340 604 35 2 528 823 53 3 258 652 00 { --- -- -_. 904 47 88 587 80 1 150 245 O5 1 422 805 00 1 003 l 729,828.47 272 559 95 _ _. 77_60%! 80 84°h , e s _ Streets & Al y i Parks & Recreation ~ ~ 1 809,406.56 184 873 26 1 934 342.29 2 248 378 00 314 035.71 _ 86.03% - -- - 213 247 85,_ 656 156._9_2 ~ 1 036 485 00 - _. ~Miscellaneous 595,22560 -_f _380 328 OB _ _ 63 31 °k _ _ _ 7 641 288.46 9 745 484 00 ~- _. TOTAL 6 946 493 98 i 948 738 69 2 1.04 195 54 _ 78 41%I. ~ -- ~ 1 L_ i - I ~ - - - -_- --- ~ _ . ._- a -- ~- I '._ ~ -- -1 --- ~ -- .. ~ - _ ~ , - '- ~- -- ~ -- ~ - ~.- -- i __.. i t-- SC~)7 . CITY OF HUTCHINSON RESOLUTION NO. 1285 TRANSFERRING $25,000 FROM GENERAL FUND BOND FUND TO AIRPORT CONSTRUCTION FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT $25,000 is hereby transferred from the General fund as provided in the Airport. Department to the Airport Construction Fund. Adopted by the City Council this 22nd day of November 2005 • Steven W Coo Mayor ATTEST: Gary D. Plotz City Administrator J ~C~~ 1 • CITY OF HUTCHINSON RESOLUTION N0.12856 TRANSFERRING $117,500 FROM WATER SEWER 6 REFUSE FUND TO GENERAL FUND S 2002C REFUNDING IMPROVEMENT BOND FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT $36,250 is hereby transferred from the Water Department to .the General Fund: THAT $22,500 is hereby transferred from the Water Department to the 2002C Refunding Improvement Bond Fund.. THAT $36,250 is hereby transferred from the Wastewater Department to the General Fund. THAT $22,500 is hereby transferred from the Wastewater Department to the 2002C Refunding Improvement Bond Fund. • Adopted by the City Council this 22nd day of November 2005 Steven W. Cook Mayor ATTEST: Gary D. Plotz City Administrator ~J 5~~~ CITY OF HUTCHINSON • RESOLUTION NO. 12857 TRANSFERRING $321,500 FROM LIQUOR FUND TO GENERAL FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT described in the 2005 adopted General Fund Budget $321,500 is hereby transferred from the Liquor Fund to the General Fund. Adopted by the City Council this 22nd day of November 2005 • ATTEST: Gary D. Plotz City Administrator r1 U Steven W Cook Mayor 5 ~~~3 • CITY OF HUTCHINSON RESOLUTION N0. 12858 TRANSFERRING FUNDS FROM THE GENERAL FUND AND ENERGY LOAN FUND TO HUTCHINSON COMMUNITY DEVELOPMENT (EDA) FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT $110,000 is hereby transferred to Hutchinson Community Development fund (EDA) from the following: General Fund $100,000 Energy Loan Fund $10,000 THAT the named funds transfer is authorized for the fiscal year 2005. Adopted by the City Council this 22nd day ofi November 2005. • Steven W. Cook Mayor ATTEST: Gary D. Plotz City Administrator `J .5~)Lj RESOLUTION NO. 12859 CITY OF HUTCHINSON C~ The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Trammel Rental $18,000 Compost Operations. Compost Yes McCloskey International ~['he following items were authorized due to an emergency need: RESOLUTION FOR PURCHASE ITEM ~ COST ~ PURPOSE ~ DEPT. ~ BUDGET ~ VENDOR Date Approved: November 2005 Resolution submitted for Council action • Motion Made By: Seconded By: Kenneth B. Merrill by: Finance Director ~~~ RESOLUTION NO. 12850 VARIANCE REQUESTED BY TODD SUDHEIMER, FLOOR TO CEILING, 955 HWY 7 WEST, TO REDUCE FRONT LOT WIDTH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Todd Sudheimer, property owner, Floor to Ceiling ,applied for a variance to reduce lot width from 200 feet to 151 feet at the right of way due to a lot split: Legal Description: That part of the Northwest Quarter o the Southeast Quarter and that part of the Southwest Quarter of the Southeast Quarter of Section 36, Township 117 North, Range 30 West, McLeod County, Minnesota, described as follows: Commencing at the southwest corner of said Northwest Quarter of the Southeast Quarter; thence easterly, along the south line of said Northwest Quarter of the Southeast Quarter, a distance of 353.00 feet; thence southeasterly , deflecting 67 degrees 30 minutes 00 seconds ri ht, to the northerly right of way line of State Highway No. 22 and the point o~beginning of the land to be described; thence northwesterly, deflecting 180 degrees DO minutes 00 seconds, to said south line of the Northwest Quarter of the Southeast Quarter; thence northerly, parallel with the west • line of said Southeast Quarter, to the intersection with the easterly extension of the centerline of the dedicated public street at the north end of Rolling Oaks Second Addition, according to the recorded plat thereof,• thence easterly, along said easterly extension, to a point 709.54 feet east from the east line of said Rolling Oaks Second Addition;. thence southeasterly, to the beginning of a line hereinafter referred to as Line A; (said Line A is described as commencing at intersection of the south line of said Northwest Quarter of the Southeast Quarter with the west line of the easterly 200.00 feet of said Northwest Quarter of the Southeast Quarter; thence northerly along the last said west line, a distance of 261.15 feet; thence westerly, deflecting 86 degrees 20 minutes 41 seconds left, a distance of 370.05 feet to the beginnin of said Line A; thence southerly deflecting 94 degrees 48 minutes 31 seconds left to said northerly right of way of State Highway No. 22 and said Line A there terminating thence southerly, along said Line A, 132.24 feet; thence westerly parallel with said easterly extension of the dedicated public street in Rolling Oaks Second Addition, a distance of 200.05 feet; thence southerly, parallel with said Line A, a distance of 253.90 feet to the northerly right of way line of State Highway No. 22; thence southwesterly, along said right of way line to the point of beginning. Subject to a 28.00 foot easement for ingress and egress purposes over and across part of the Southwest Quarter of the Southeast Quarter of Section 36, Township 117North, Range 30 Wesi, McLeod County, Minnesota. The centerline of said easement is described as follows: Commencing at the northwest corner of said Southwest Quarter of the Southeast Quarter; thence easterly, along the north line of said Southwest Quarter of the Southeast Quarter a distance of 353.00 feet; thence southeasterly, deflecting to the right 67 degrees 30 minutes 00 seconds 53.54 feet to the beginning of said centerline to be described; thence easterly, deflecting to the left 66 degrees 4l • minutes 58 seconds 183.87feet; thence southeasterly, along a tangential curve concave to the southwest, having a radius of 64.00 feet and a central angle of 57 degrees 21 minutes 29 seconds 64.07 feet to the northerly right of way line of State Highway No. 22 and said centerline there terminating. SC~J 1 Resolution No. 12850 Floor to Ceiling - 955 Hwy 7 W November 15, 2005 Page 2 • 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The City Council hereby approves the variance based on the angled lot line at the street; but approves the variance with the following conditions: • 1. A 12 foot utility and drainage easement is required on the new property line (6 feet on each side; 10 feet on the front). 2. Moving of any utility services will be at the property owner's expense. 3. Sepazate services, sewer/water access fees would be required for the new lot. 4. The easement agreement for the access drive must 6e amended to reflect the new lot description (this must be completed prior to sale of the properiy). Adopted by the City Council this 22"d day of November, 2005. ATTEST: Gary D. Plotz City Administrator • Steven W. Cook Mayor ~C~JI • RESOLUTION NO. 12849 LOT SPLIT REQUESTED BY TODD SUDHEIMER, FLOOR TO CEILING, 955 HWY 7 WEST BE IT RESOLVED BY THE CITY COUNCIL OF THE CTTY OF HUTCHINSON, MN: FINDINGS 1. Mr: Sudheimer, property owner , Floor to Ceiling, 955 Hwy 7 West ,applied for a lot split with the following legal description Legal Description: PARCEL A: That part of the Northwest Quarter of the Southeast Quarter and that part of the Southwest Quarter of the Southeast Quarter of Section 36, Township 117 North, Range 30 West, McLeod County, Minnesota, described as follows: Commencing at the southwest corner of said Northwest Quarter of the Southeast .Quarter; thence easterly, along the south line of said Northwest Quarter of the Southeast Quarter, a distance of 353.00 feet; thence northerly, parallel with the west line of said Southeast Quarter, to the intersection with the easterly extension of the centerline of the dedicated public street at the north end of Railing Oaks Second Addition, according to the recorded plat thereof,• thence easterly, along said easterly extension, to a point 709.54 feet east from the east line of said Rolling Oaks Second Addition; thence southeasterly, to the beginning of a line hereinafter referred to as Line A; (said Line A is described as commencing at intersection of the south line of said Northwest Quarter of the Southeast Quarter with the west line of the easterly 200.00 feet of said Northwest Quarter of the Southeast Quarter; thence northerly along the last said west line, a distance of 261.15 feet; thence westerly, deflecting 86 degrees 20 minutes 41 seconds left' a distance of 370.05 feet to the beginnin of said Line A; thence southerly deflecting 94 degrees 48 minutes 31 seconds feft~to said northerly right of way of State Highway No. 22 and said Line A there termtnatin~ thence southerly, along said Line A, 132.24 feet; thence westerly parallel with said easterly extension of the dedicated public street in Rolling Oaks Second Addition, a distance of 200.05 feet; thence southerly, parallel with said Line A, a distance of 253.90 feet to the northerly right of way line of State Highway No. 22; thence northeasterly, along said right of way line, to said LineA; thence northerly, along said Line A, a distance of 209.71 feet to the point of beginning. Subject to a 28.00 foot easement for ingress and egress purposes over and across part of the Southwest Quarter of the Southeast Quarter of Section 36, Township 117North, Range 30 West, McLeod County, Minnesota. The centerline of said easement is described as follows: Commencing at the northwest corner ofsaid Southwest Quarter of the Southeast Quarter; thence easterly, along the Wort line of said Southwest Quarter of the Southeast Quarter a distance of 353.00 feet; thence southeasterly, deflecting to the right 67 degrees 30 minutes 00 seconds 53.54 feet to the beginning of said centerline to be described; thence easterly, deflecting to the left 66 degrees 42 minutes 58 seconds 183.87feet; thence southeasterly, alonga tangential curve concave to the southwest, having a radius of 64.00 feet and a central angle of 37 degrees 21 minutes 29 seconds 64.07 feet to the northerly right of way line ofState Highway No. 22 and said centerline there terminating. PARCEL B: That part of the Northwest Quarter of the Southeast Quarter and that pan of the Southwest Quarter of the Southeast Quarter of Section 36, Township 117 North, Range 30 West, McLeod County, Minnesota, described as follows: 5~~1 Resolution No. 12849 Floor to Ceiling - 955 Hwy 7 W November 15, 2005 Page 2 Commencing at the southwest corner of said Northwest Quarter of the Southeast • Quarter; thence easterly, along the south line of said Northwest Quarter of the Southeast Quarter, a distance of 353.00 feet; thence southeasterly , deflecting 67 degrees 30 minutes 00 seconds ri ht, to the northerly right of way line of State Highway No. 22 and the point of beginning of the .land to be described; thence northwesterly, deflecting 180 degrees 00 minutes 00 seconds, to said south line of the Northwest Quarter of the Southeast Quarter; thence northerly, parallel with the west line of said Southeast Quarter, to the intersection with the easterly extension of the centerline of the dedicated public street at the north end of Rolling Oaks Second Addition, according to the recorded plat thereof,• thence easterly, along said easterly extension, to a point 709.54 feet east from the east line of said Rolling Oaks Second Addition; thence southeasterly, to the beginning of a line hereinafter referred to as Line A; (said Line A is described as commencing at intersection of the south line o said Northwest Quarter of the Southeast Quarter with the west line of the easier y 200.00 feet of said,lVorthwest Quarter of the Southeast Quarter; thence northerly along the last said west line, a distance of 261.15 feet; thence westerly, deflecting 86 degrees 20 minutes 41 seconds left, a distance of 370.05 feet to the beginnin of said Line A; thence southerly deflecting 94 deggrees 48 minutes 31 seconds lef~to soul northerly right of way of State Highway No. 22 and soul Line A there terminating thence southerly, along said Line A, 132.24 feet; thence westerly parallel with said easterly extension of the dedicated public street in Rolling Oaks Second Addition, a distance of 200.05 feet; thence southerly, parallel with said Line A; a distance of 253.90 feet to the northerly right of way line of State Highway No. 22; thence southwesterly, along soul right of way line to the point of beginning. Subject to a 28.00 foot easement for ingress and egress purposes over and across part of the Southwest Quarter of the Southeast Quarter ofSection 36, Township II7North, • Range 30 West, McLeod County, Minnesota. The centerline of'said easement is described asfollows: Commencing at the northwest corner ofsa Southwest Quarter of the Southeast Quarter; thence easterly, alon the north line of said Southwest Quarter of the Southeast Quarter a distance oj~353.00 eet; thence southeasterly, deflecting to the right 67 degrees 30 minutes 00 seconds 554 feet to the beginning of said centerline to be described; thence easterly, deflecting to the left 66 degrees 42 minutes 58 seconds I83.87feet; thence southeasterly, along a tangential curve concave to the southwest, having a radius of 64.00 feet and a central angle of 57 degrees 21 minutes 29 seconds 64.07 feet to the northerly right of way line of State Highway No. 22 and said centerline there terminating. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The City Council hereby approves the lot split unanimously with the following conditions: 1. A 12 foot utility and drainage easement is required on the new property line • (6 feet on each side; 10 feet on the front). 2. Moving of any utility services will be at the property owner's expense. 3. Sepazate services, sewer/water access fees would be required for the new lot. 5~~~~ Resolution No. 12849 Floor to Ceiling - 955 Hwy 7 W November 15, 2005 Page 3 4. The easement agreement for the access drive must be amended to reflect ,the new lot description (this must be completed prior to sale of the property). Adopted by the City Council this 22nd day of November, 2005 ATTEST: , Gary D. Plotz City Administrator Steven W: Cook Mayor 5~~~ 1 Hutchinson City Center - 111 Hassan street s& Hatd>insoo, MN 55350.2522 320.587.5151/Fsa 37A-2344240 MEMORANDUM DATE: November I5, 2005 TO: Hutchinson City Council FROM: HntchinsoaPlanning Commission SUBJECT: CONSIDERATION OF A REQUEST FOR A VARIANCE AND LOT SPLTT LOCATED AT 955 HWY 7 W Pursuant to Sections 154.064 and 153.05, Hutchinson Municipal Code, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request fora variance and lot split. HISTORY The property owner is requesting a lot split which will create a lot requiring a vaziance from the mini~lot widthrequirements. The Floor to Ceiling building will be located on the rrma;n;ng lo; which would be 151 feet at the right of way and 178 feet at the 30 foot setback The ordinance requires a lot in the C-4 district to have 200 feet of width. The application sffites the hardship as the unique shape of the lot having more than enough with arthe reaz property line and less fronting the street FINDINGS OF FACT The required application and fee was suba¢tted Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on November 3, 2005. 3. There were no neighboring property owners present at the public hearing objecting to the request 4. The future use of the propertyto the east would need to fit on the proposed parcel. The City should not consider any variances on this parcel to allow for development. At this point there is no information available regarding the potential use of the property. 5. There was also discussion regazding the possibility of the northern portion of the property being platted into residential lots. In that case, a buffer would be required between Residential and Commercial. It would also prompt a rezoning request The Planning Commission voted unanimously to recommend approval of the Lot split and V ariaoce with the hardship based on the angled ]ot line on the western portion of the property with the following conditions: 1. A 12 foot utility and drainage easement is required on the new property line (6 feet on each side; 10 feet on the front). 2: Moving of atry utility services will be at the property owner's expense. 3. Separate services, sewer/water access fees would be required for the new lot. 4. The easement agreement for the access drive must be amended to reflect the new lot description (this must be completed prior to sale of the property). Respectfully submitted, Dean Kirchoff, Chairman Hutchinson Planning Commission Cc: Todd Sudheimer, Floor to Ceiling, 955 Hwy 7 W Rioted on recycled paper . ~ / C\ DIRECTOR'S REPORT ~~ To: Hutchinson Planning Commission (Persons in attendance at Planning Staff Meeting (in bold) :. Fmm: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Erin Eberdt,. Jean Ward,. John Rodeberg, P.E., Kent Egner, John Webster, Michael Kumm, John Olson, Lenny Rutledge, Kyle Dimler, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Memll, Jim Popp, Dan Hatten, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: October 31, 2005 -Meeting Date: November.l5, 2005 Re: Floor to Ceiling, Todd Sudheimer, property owner VARIANCE AND LOT SPLTT Brief Description: The property owner is requesting a lot split which will create a lot requiring a variance from the minimum lot width requirements. The Floor to Ceiling building will be located on the remainig lot, which would be 15.1 feet at the right of way and 178 feet at the 30 foot setback The ordinance requires a lot in the C~ district to have 200 feet of width. The application states the hardship as the unique shape of the lot having more than enough with at the rear property line • and less fronting the street. GENERAL INFORMATION Ezasting Zoning: C4 (Fringe Commercial) Property Location: 955 Hwy 7 West Lot Size: 3.6 acres E>osting Land Use: Commercial Adjacent Land Use And Zoning: Commercial with High~(iensity residential to the North Comprehensive Land Use Plan: Commercial Zoning History: There was a variance applied for and withdrawn in 1995. Applicable Regulations: Section 154.064 of the City Code • SPECIAL INFORMATION Transportation: Hwy 7 West J • Variance Floor to Ceiling - 955 Hwy 7 West Planning Commission- November 15, Page 2 Parking: Commercial development have parking requiremen depending on the u: Analysis and Recommendation: Staff noted issues v the request such as access and potenti: use of the newly divided parcel. Reseazch of other C properties along H~ 7 West indicates th are some properties that do not meet tha 200 feet, however, those properties m~ have been platted before the 200 foot regulation. The access for the new parcel would need to be from the existing frontage road. The road easement would need to be amended to reflect the new legal description. The future use of the property to the east would need to fit on the proposed parcel. The City should not consider any variances on this parcel to allow for development. At this point, there is no information available regarding the potential use of the property. There was also discussion regarding the possibility of the northern portion of the property being platted into residential lots. ht that case, a buffer would be required between Residential and Commercial It would also prompt a rezoning request. Staff believes there is a hardship created by the angled lot line on the western portion of the property. Staff would recommend approval with the variance and lot split with following recommendations: 1. A 12 foot utility and drainage easement is required on the new property line (6 feet on each side; 10 feet on the front). 2. Moving of any utility services will be at the property owner's expense. 3. Separate services, sewer/water access fees would be required for the new lot. 4. The easement agreement for the access drive must be amended to reflect the new lot description (this must be completed prior to sale of the property). • Cc: Todd Sudheimer, property owner MNDOT ,;<< ~ Cc: Todd Sudheimer, Floor to Ceiling, 955 Hwy 7 W 5~~~ 1 I~ lu OAKS ~ i"" >ITION' I~ / ~ P`' ~ ~~~ °~ e / , Neee XI l Efffmfm X ___ ~ __~ i~ ~~ 6 ~~ I ;~ ~`° £~ f~~yI p o? n°'° 6d a0s1er1Y efvnsw ° dl. ......:. - accortlinp to tM recortletl Ob+ 1Mnof. 1Mnce aahr%, along ftln •a.+.,y :.: c. - line of saitl ROLLING OAKS SECOND ADORION: 1Mnce wu+hwshdY, ro iM Oepln (saltl line A is tlascrAeO as commenel+p of Interaction or the sou+h Hm o/ fob ' with tM west line of the eonerly ZODAO fat o1 saltl Nor+Mest OVOrter o1 rM lost fain west ua. o tlls+ance o1 261.15 het: rMnce washrly, dalNCilnq 86 N. 370.00 Let to tM Oaplnninp of aaitl Llns A: +hsnre southerly, de}hq+Mp 94 tleq nortMrh right of way of Sloe Mighway No. 22 and sad Lins A IMra +armino+inp northsry rlgnt of waY Ilse: rMnce sou+hweshrly, along aaltl right of woY Ilna. to SuDlsct to a 25.00 loot eowmem for i+preta olw egnas Durpossa owr ontl ott Sovrneast Ouaner of Secoon 36. TownsMp 117 Nonh, Rolge SOWnL MCLeoo e0femlM If Offcrpea Of hll0wf: ' Commer+cmp ar +na nor+hwest corner of sold Sou+nwes+ Ouoner o1 roe Soumas ~ Baia Sou+hwaat Ouorror o1 +na 60U+MOSt Ouanar a dutonce of 353.00 hat: 1M J ~ " tlapraaa 30 minuhs 00 feconds 03.04 het to tM oepinnlnp o} sak cm+erga t ~~ / IeN 66 tleprsss 42 minmsa 55 secontls 155.57 tat: ihace auiMaahrly, alon 2S I having a ratllus of 64.00 }eat and a central angh of 07 degree 21 mitwhf /~ line of Stara Highway No. 22 and said cantarllna there tarminatlnp. i" ~US~C' ~•„, ADDITION ,N Nr • w e xro foox - ' _ ; ~I..f a 5 Eost 376:57 - S45b0'13•E ~ - ~ ~ 24.81 Ea+vy uumlfn °+ cmwline el A.of ]woof.' _ _ _ _ _ _ _ __-._-_______ M ` ~s, ~: 1 0 0~ p I PARCEL B - `4 Area 2.55 Aeres J11091 a0 Ft h ~ '-" N'aaf 200.05 "e:f ° + , ur r 0 ~ I rwafw nm m< fmre•V •nfnam;~ a «mvlmf fl Tuaf avenue I W m a & '{ PARCEL A Floor to Ceiling ~~ n = m' O Building ~` I N ° s Area 1.06 Aeres ~ i I w a 96239 aq F+ ~ - 0.y-~,------r- d I t W~R Bimminom Porkmq Area I I .i - 2 aw ------- _ _~- --~- 2 ~ - - 153.57 -- _ _ ieu` ~ ~ _~_____ rvex N~f; 0.. en,rnMnu. wow EnSEMENt : p-6a~~ 00.46 l•203.91 .w.~r ' :a z~r I ~~ A'2e `, \5679..u ~ ~ fMN ~'r6 L 355.70 open' , g •29'i~e M-' ~. R•56~~ ~~ , na'°` - v iA ~ /~ /~ /_-/ ofN oo°•^ Eao•°~gO,Rmem "~ 'Q~ n' ' ~ O. 22 i~ , /N\G~W A~ NO ', ~ STP~E / '~ v 0 N N 7 E m + m• I B.XI M. ~I r` NUTCNINBON MN ~\NME90Jq TO ~b DD 6 F;~ tir . pF iP Minnesota Department of Transportation District 8- WillmadMarshalllHutchinson 2505 Trattsportatioo Road W tllmar,lNN 56201 November 14, 2005 Hutchinson Planning Staff Attn: Bonnie Baumetz City Center 111 Hassan Street SE Hutchinson, MN 55350 RE: Sudheimer, Variance and Lot Split Highways 7 & 22, CS 4308, MP 122 Dear Ms. Baumetz: Office Tel: 320.231-5195 800.657-3792 Fax: 320-231-5168 www.mndot.gov Thank you for providing Mn/DOT a copy of the Variance and Lot Split application for Todd Sudheimer for review. Upon review of the request, Mn/DOT offers the following comments: 1. All existing and new subdivision lots including Parcel A and Parcel B generated by the subdivision are required to use the existing approved access from Highways 7 and 22, as shown on the Certificate of Survey for T8 M Partners dated 11/ 28/05. No further access will be approved. 2. MnlDOT has instituted controlled access on Highways 7 & 22 affecting Parcel A and B. All enquiries should be directed to Geri Vick at 320 214 3776. If you have any questions, please contact Peter Waskiw, Sr. Planner, at 320-231-3773. Sincerely, ~.~ (,/w.~...__ Patrick Weidemann DS Planning Director • PUBLICATION NO. ORDINANCE NO. OS-0426 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUTCHINSON FOR A PROPERTY TO BE REZONED FROM Rl TO RZ AS REQUESTED BY LOWELL WRIGHT,1325 JEFFERSON ST SE THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: WHEREAS, the following described real property is hereby rezoned from RI (Single Family Residential) to R2(Medium Density Residential) as requested by property owner: LEGAL DESCRIPTION: That part of Lot 4 of the Auditor's Plat of Section '7, Township 116 North, Range 29 West, according to the map on file and of record in the office of the County Recorder, McLeod County, Minnesota described as follows: Beginning at the intersection of the westerly line of said Lot 4 with a line parallel with and . distant 180.63 feet northerly of the southerly line of said Lot 4; thence easterly, parallel with said southerly line of Lot 4 a distance of 168.39 feet to the intersection with a line parallel with and distant 168.09 feet easterly of the westerly line of said Lot 4; thence northerly, parallel with said westerly line of Lot 4 a distance of 120.00 feet; thence northwesterly 38.06 feet to a point on a line 33.00 feet southerly of and pazallel with, thence northerly line of said Lot 4, distant 138.37 feet easterly of said westerly line of Lot 4, as measured along said pazallel line; thence westerly, pazallel with said northerly line of said Lot 4 a distance of 138.37 feet to said westerly line of Lot 4; thence southerly, along said westerly line of Lot 4 to the point of beginning. WHEREAS, the City Planning Commission and City Council have considered the effects of rezoning this piece of property; WHEREAS, there are certain parameters that will make this rezoning appropriate for this area; THEREFORE; the City hereby officially rezones this property to RZ and it shall take effect upon publication of this ordinance; Adopted by the City Council this 13`h day of December, 2005. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor ~Cc~~ 111 H.eeaa sr,~et S$ autrLimoa, uua ss3so-ssax 320~5875151/Fa:3ZU-2#d?All Hutchinson City Center C MEMORANDUM DATE: November 16, 2005 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF A REQUEST TO REZANE PROPERTY FROM Rl (SINGLE FAMILY RESIDENTIAL) TO R2 (MEDIUM DENSITY RESIDENTIAL) LOCATED AT 1325 JEFFERSON STREET SE Pursuant to Section 154.168, Hutchinson City Code, the Hutchinson Planning Commission is hereby submitting its fmdings of fact and recommendation with respect to the aforementioned request for rezoning . HISTORY The property owner is requesting to rezone the lot split area, that was divided from property at 1325 Jefferson St. SE in April, 2005. The rezoning would be from Rl (Single Family) to R2 (Medium Density Residential). The proposal is fA allow for the construction of a twin home an the 'h acre vacant lot. There is R2 nearby but not directly abutting this property. Access to the twin home is proposed from Jefferson Street not the existing shared driveway. The property would be required to be platted to provide for additional lots to be split off and sold. There is one existing lot that is under consideration for the rezoning. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on November 3, 2005. ' 3. A public hearing was held at which time there were no neighboring properly owners present objecting to the request. The Planning Commission voted unanimously to approve the rezoning with the following conditions: 1. Relocation of services would be at the present owner's expense. 2. Trees removed in the right of way must be replaced. 3. The water shut off must not be placed in the driveway. 4. Any disruption or impacts to the trail azea shall be repaired to the City's standazd prior to occupancy being issued. 5. No Variance will be allowed for lot coverage or setbacks. 6. Platting will be required for a second lot split. 7. Two units require two water services. 8. Max;m~m driveway opening off Jefferson St. is 24 feet (for both units). 9. Lot coverage can be no more than 35% under the current ordinance. Respectfully submitted, Dean I{irchoff, Chaimsm Hutchinson Planning Commission - rr;nma on ~i~ p~~. J~~~ DIRECTORS REPORT -PLANNING DEPARTMENT .~~,.~, Toi Hutchinson Planning Commission (Persons in attendance at Planning Staff Meeting (in bold) : j From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Erin Eberdt, Jean Ward, John Rodeberg, P.E., Kent Eaner, John Webster, Michael Kumm, John Olson, Lenny Rutledge, Kyle Dimler, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: October 31, 2005 -Meeting Date: November 15, 2005 Applicant: Lowell Wright, property owner REZONING Brief Descripflon The property owner is requesting to rezone the lot split area, that was divided from property at 1325 Jefferson St. SE in April, 2005. The rezoning would be from Rl (Single Family) to R2 (Medium Density Residential). The proposal is to allow for the construction of a twin home on the '/z acre vacant lot. There is R2 nearby but not directly abutting this property. Access to the twin home is proposed from Jefferson Street not the existing shared driveway. The property • would be required to be platted to provide for additional lots to be split off and sold. There is one existing lot that is under consideration for the rezoning. GENERAL INFORMATION Ezasting Zoning: Rl (Single Family Residential) Property Location: 1325 Jefferson St. SE Lot Size: Approximately .5 acre E~sting Land Use: Residential Adjacent Land Use And Zoning: Rl (Single Family Residential) Comprehensive Land Use Plan: Traditional Residential Neighborhood (allows for densities of between 3 and 5 units per acre. Zoning History: The lot was split off in April, 2005. This was part of the Jefferson Street annexation and the properties came into the city as Rl. Applicable Regulations: Section 154.168, City Code ~~~~ Rezoning- Wright property -1325 Jefferson St. SE (Rl to R2) Planning Commission- November 15, 2005 . Page 2 SPECIAL INFORMATION ~J Transportation: Jefferson Street SE Parlcing: N/A Analysis and Recommendation: Staff would recommend approval of the rezoning, with discussion of the driveways'for the twin homes. There was concern with the access off Jefferson Street and a shared entrance off of the northern portion of the property would be the most safe. With this option , Staff had the following recommendations: 1. Relocation of services would be at the present owner's expense. 2. Trees removed in the right of way must be replaced. 3. The water shut off must not be placed in the driveway. 4. Any disruption or impacts to the trail area shall be repaired to the City's standard prior to occupancy being issued. 5. No Variance will be allowed for lot coverage. 6. Platting will be required for a second lot split. 7. Two units require two water services. g, Max;mu_m driveway opening off Jefferson St. is 24 feet for both units. 9. Lot coverage can be no more than 35% under the current ordinance Cc :Lowell Wright, 1325 Jefferson St. S.E. Paul Betker, 37 Monroe St. ,~)a, ~. 1\ \ \~ \ \~ ~t ~ ,t \..,, \ ~ -I T---~'( p0U I- ~f' 3 ~, 'NN \ ~ m ~ ` ~ 6~ I ~ ~t ~ ^ o N a OO ~ O. 'O5, ~\ 6~a ~ \ .\ / f~ ` N `\ N v ~~ T \{n \~. ~~ ~~ ~` °2 \t ~ N~3° 16 ~„E N°riher\y 4° ~ i ~- r---- a~ 367f e°/~--'~ -., eo -~0.00~ 24 ~~ ,~ U`'N .. ~I o•-~1+-~ f `Og.3O PARCEL B TAL AREA 23534 Sq Ft 18838 Sq Ft (Exr.lutling R/W) Seel, o \6S~ pO~ C90 S12°55 A,1 w \ ~ ~\ ~e l~ oz ., a,'W 1 r(. Fe ,R /.,$ 0.2 N 03 W 1 ~._. _. ~'..• 6$ 39 sx, N~ n~ ^~ N'75°0'30 3\5.60 O njo 0 m :°~" m N 7 °a PARCEL A TOTAL AREA. = 61450± Sq Ft 60359± Sq Ft (Excluding R/W) r~'(2°55,~15wtoeYiy \to° °i ~0\ n Por°11e\ wtlh the L~~ ~ 4Og•9~ q~36 ~~ 52CtI0n 7,, T° $' .,t .. si ~ _ , __ .:. ~~ 'O G \~ N \ TO +\ \`\ £\ n~ ~, m'm 3 °. \P. SKETCH OF PROPOSED HOUSE LOCATION FOR. BETKER .BUILDERS ~,,,~>~~^'°"°i ' ~ .Auditor's Ptat of ~, ~ »~ ` °"~ ~~ ~, ;,n , ea ~ ~' s ~°' off' i P¢ -,e n GdeN ,-fowl ~ ~ i i / ~,~ /,, _ _ ~~ ~\ `,\ `~ T \ ~N ~~ ~,°2 ` N N \ ~~, .\~~ ~, O IS 30 60 scale In feat - ~~ / I Lot 4 ..s' Section 7, T.I. 16 N., 7.29 W :~ ~~ ~.,\ i~\ t \ ~$ ~\ ~\ sa_ , \ ``\` 1\ \\ \ `\ ' \ ``\ `\ \ ,\ '\ \./ / ``\ ,`\ `\ ,~ TOTAL AREA = 23534 Sq Ft 18835 Sq Ft Oess ~~ ~°" NORTH PARCEL Totol - 11593 Sq Ft 9107 Sp Ft (leas R/W1 SOUTH PARCEL TolGl - 1 1941 Sq Ft 9731 Sp Ft (Nas.R/MO ` ~~/ .y5 ~E. x(12 .\ .\ on uucu I nun SURVEYING NUTCNINSON MN _ JCe N0. OS267 `J~~-~ • C DATE: November 16, 2005 TO: Hutchinson City Council Hutchinson City Center 111 nsseao Street SE Hutchinwn, MN %350.2522 320.587-5151/Fu 320.23442M1 MEMORANDUM FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF A REQUEST TO VACATE A PORTION OF UTILITY EASEMENT LOCATED AT 1025 JEFFERSON STREET SE Pursuant to Section 12, Chapter 12 of the Hutchinson City Charter, the Hutchinson Planning Commission is hereby submitting its findings of fact and recoamtendation with respect to the aforementioned request. HISTORY: The property owner, is requesting to vacate a 6' X 36' portion of utility easement for construction of a 26' X 38' (988 sq. ft.) detached garage into the 20' utility easement azea located across the reaz property line. There is a 24" storm sewer located near the center of the 20 foot easement. FINDINGS OF FACT: 1. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, November 3, 2005. 2. There were neighboring property owners present objecting to the request. 3. In October 2004, the property owner applied a received a building permit for a garage. The drawings for the property did not indicate an easement existed. 4. The City received a complaint in June of 2005 that a building was under construction in the neighborhood and wondered why the City would allow the construction in the easement area. The City stopped work on this permit on June S, 2005 5. In 1995, the property at 995 Jefferson St. SE, received a franchise. 6. In 1991, the neighbor at 1035 Jefferson St. SE, constructed a garage 6 feet into the easement area and the City Council granted an "after the fact" encroachment easement. 7. A survey submitted on October 18, 2005 indicates that the proposed area for vacation would be 3 feet from the garage. RECOMMENDATION: Planning Commission unanimously recommended denial of the request for the vacation of a portion of the drainage and utility easements Respectfully submitted, Dean Kirchoff, Chairman Hutchinson Planning Commission ~J Cc: Robert Link, 1025 Jefferson St SE Printed on recycledpaper - ,SCc~3 DIRECTORS REPORT -PLANNING DEPARTMENT ~P,F~- ,~,~,d,.., ,6._.0~- qx ,, , ,, .~. ,~,~,.4,, ._, ~_~ .., ~ _>..r.~. ~r,_ ,~_ . ,~..._. ,-r_. ~,_,v,,.,_. To: Hutchinson Planning Commission (Persons in attendance at Planning Staff Meeting (in bold): From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Erin Eberdt, Jean Ward, John Rodeberg, P.E., Kent Exner, John Webster, Michael Kumm, John Olson, Lenny Rutledge, Kyle Dimler, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: October 31, 2005-Meeting Date: November 15, 2005 Applicant: Robert Link, property owner VACATION OF DRAINAGE AND UTILITY EASEMENT Brief Description: The property owner, is requesting to vacate a 6' X 36' portion of utiliTy easeme ~.- construction of a 26' X 38' (988 sq. ft.) detached garage into the 20' utility easement area located across the rear properly line. There is a 24" storm sewer located near the center of the 20 foot easement. GENERAL INFORMATION Existing Zoning: R2 (Medium DensiTy Residential -one and two family) Property Location: 1025 Jefferson Street S.E. Lot Size: .24 acres Existing Land Use: Single family residential Adjacent Land Use and Zoning: R2 (Medium Density Residential - one and two family) and I-1 (Light Industrial) Comprehensive Land Use Plan: Traditional Residential • Neighborhood ~:lc~] Vacation of Easements Robert Link-1025 Jefferson Street S.E. Planning Commission -November 15, 2005 Page 2 Zoning History:. In October 2004, the property owner applied a received a building permit for a garage. The drawings for the property did not indicate an easement existed. All permits contain the following citation: 1'~ gored aelmowkd~ that hdshe has lead this applieaton and the ahvve iafaematian is ca®act and Y'^^•~ Applicant alsm ids by signing ~ applicataon that he§he cwld be held ++s~ bk as repxesmtatiive of khis txaJe~ fa nay vioiatian of oomoplimee with all applic~rk laws and ardiamres of the City of Hrrchinsan inehuimg survey/plm revitw nsta pQtain~ to aetba~s, eaceme~s and Z~- 1Lis p~ haeames nail and void if wuek ar c autha~d is oat eao~aed within 18D Jags, ar if emahaefiam arwa~dc ss suspended a abmdoned far a pstiod of ltm days at nay time afDez work is ea~eacad_ Ikate: Sueeatote of Appliraat. The City received a complaint in June of 2005 that a building was under construction in the neighborhood and wondered why the City would allow the construction in the easement area. The City stopped work on this permit on June 8, 2005. (see correspondence). In 1995, the property at 995 Jefferson St. SE, received a franchise: • ~S-i3~5 3-14A5 C>fafns framc~ise m ~'ct~1'P. aad 5be M. Al~ander allnva t~tt ~7iiy ~ Yrt L+ot 6 aIf Lot G 5ufidivi~„ Eor ~] Y~ in 1991, the neighbor at 1035 Jefferson St. SE, constructed a garage 6 feet into the easement area and the City Council granted an "after the fact" encroachment easement. (See Attached) Applicable Regulations: Section 12, Chapter 12, Hutchinson City Charter SPECIAL IIVFORMATION Transportation: Jefferson Street SE Parldng: N/A Analysis and Recommendation: A survey submitted on October 18, 2005 indicates that the proposed area for vacation would be 3 feet from the garage. The City Engineer provided a drawing of what a typical excavation would be for this storm sewer pipe. It is cleaz from the depiction that the azea is severly impacted with the encroachment: L 5~~J3 Vacation of Easements 1Zobert Link-1025 Jefferson Street S.E. Planning Commission -November 15, 2005 Page 3 C Easement Line ~ -typical Property Line excavation depiction t a slope mgt / za^ storm 6' RPWPI u While this situation of having a permit being issued without the lmowledge of an easement is not optimal; staff dcea not believe it is in the best interest of the City to allow an encroachment to occur in this area. It is important to consider whether the applicant has other avenues of accomplishing the goal of constructing a garage and indeed, there seems to be other options. Therefore; staff is recommending denial of the application for partial vacation of the utility easement. Cc: Robert Link, 1025 Jefferson St. S.E. 5<<~3 CERTIFICATE OF SURVEY .FOR BOB LINK DESCFIP710N Q PffOPO9ED E0.4EMEN7 TO BE VAG7ED VacoN Mel pal of Me dedlcebd 20.00 toot rlde ulW7 easemwt owr, uMa an0 DESCRIPTION aao» earl of Lol B. L07 O $UBDIVI610N, accadllp N Ma Headed proi Manof, aaaroa oa Nirora: Lot 8, LOT G SUBDIVISION np a M~ Nla»cNon of IM aaulMNy IIM of wid Lal B rIM Ma r»larly IIM of - 20.00 tool ride willry waemenG lMnce wrlMry, alorl9 aald realay Yna o} Me 00 foot rrltle uNllry wfem.m 38.00 Mc Menee wsMry. pawlrol rIM wld aauMaly 9M of Lol B a dlannn of 8.00 N.Y. Ipence aauMaNy, paaNel rIM sob roalary Ilne ai Me 20.00 Nol rla uN6ry easement 36.00 het ro atld fwMerly IIn. a La B: Mence ua1My. abny fold awlMfly Me of Lot 6 a dlalanea of AAD Net lo' IM Point of ge9lnnlnp. _ i~~~ \ 5 "~~ _~ _~' 1\ ~~ ~`1 ~~" ~__ _~~" '~ ~_ _~ _~- O '1` ,~ 6 ` 4 11~ ,__,~ ,1 `~ ,-- _,- `~ -~~ , -~~ 9 fi~ T T JY 2 °a. w'•' ag gare0• 8 ~~~~ ~ \ 13 e \- l ~~ w '"Y'° m in ~ ,gyp ~ d pk a ~ \\ ~~\ - 0 15 30 60 - ~ ~ Haw° ~p ^ g \ scale In test ` ` . ~ Derrol» ken monument found O Denoma Iron monument aai I eer eft crtllly Igel Illb Sur wY. Plan er 0.epan raa Pr •par ed ey M or ~undar my direct wpnVlc ton and Hal I am a duly Ilcenf ed Land SYIVf YOf Yndf1 lll• IaYa 01 lgf 510!0 O} Mlnnnola. Oale: N~ [~ ~ccs Llc. No. ay~g PELLINEN IAND $LViVEYING ~ 9 '~ \ /~~ . . ~,. _~~ ~ ~ Nae: 9Nrm ewe elm m aMw ~'' `O M INf alfwy la e rcaroM am trwn 6om teldl Beema Iacmw Mer lM nalMaM camr of ~` Lot 8 eM lM wudman cane of lot 11. Srom IM h 11 ha Y»l of .\ Lot IM. NU7CHWSON MN JJB N0. [620G ~6 ~ a9 wmr b UI 11 BK P-356 PG 3 5~4~ :'~~. :::,. '.~ :-.. •+: •. ,\ ` so 0 -~' ~~ a a. b .~. ` ~. ~t~Y •1~. •'~Z • \ O 0 1 `~--,, i ..'.3 ` W tom. ~ ~ ~1 ~ `\ 1 ~~'` ~~~~ Zs/ ~° \ ,, ,:> ~ •. ~ ~c w_ \~~ ~. ~ ~ O • J e. - ~ ~ .~ \ ~ ~ °a a N O $_ 5 $ o ~ ~ 'o ~ti ~/~- ~ 'ILC' ~ .Q ~~ _ ~' ~ ~j i '~~_ "~~ ~ ~ ~ _~ \~ l ' o ~ 1 °~ ~O `~ o i~ a Pv , .g ,- ~ 1 1 8 1 ` \ $ 1 ~ ~e '' ~ Y :r-Y _ \ • ` ~ ` :~i , . f ~ ~, ~ COUNTY AUD/TOR Mc LEOo Co., M/NN. t=5 -~ ~,~_.. ~ ~ 13 j40.Q 8 ~ O V r ~ K ~~ 0 X40. ~ O . ,~1 O 10 r ~o°~ M4.4 q40° iA0.00. I57.<p' O , ~ N I+ D O L~~_ ` Ufi/ify roie.wai /46.5! 72 ~ SO COUNTY TREASURER MC LE0O CO., M~wN. / hereby certify shot tb• toxe! ore poid For ~ /here 6y cart:fy fhof fhe taxes ore paid f the year 196_ orsd o//prior years en the /end f"Fe yeor /96_ ogoinaf the fiat! of /ond d eaeribed in i-he "Ownara Cer fiFicofe of this deer robed /n fhe "Owners Carfi Fico Fe' oO f ,e/of of "Lot G Subdlr/,>ian' p/ot of '~Loi G Suba/iriaioN .~ ~~-tJ~ _ ~~ `f ~ Lv?- 8 ( ~ o~ 9 ___,___ 6~ ...__:4---__- i _ t--------• - Cn) t. -_ -- ~7~ ~ii I !~ ~J -- - _ - _ _.~.___._---'- ~e~ ~~__ ..__.. ~ ~ _. ;~, ~ ~S __ _ - - ~Z, - ~~, ,. = _-~---- - :puke ---.~-- .. L . _ ,~ ~_ ;„ C • Robert Link 1025 Jefferson Street SE Hutchinson NIN 55350 Re: Pemut #19121 Dear Mr. Link, Hutchinson City Center m aa.o saes ss ~ab+wa nnv ssssa2522 32O5s7S151/Fu 32P230.42<0 This is in reference to the permit listed above. It was discovered, through a complaint, that the garage, that was proposed and approved by the City on August 13, 2004, was being constructed within an easement area on the property. There was no indication of the easement on the subnvtted drawing, nor any data to this effect in your property information file. However, after discussions with you and further research for an old storm sewer map, in fact there was a dedicated easement of 20 feet in the rear of the property, that was provided to the City in 1961. The proposed location of the building was 8 feet from the reaz property line, which meets the minimum standard zoning regulation setback of 6 feet. However, after discovery of this easement it has been determined that you would be encroaching 12 feet into the easement area. The plans of • the storm sewer indicate that the building, if built in the proposed location, would be on top of the pipe. Therefore, the City contacted you on June 7, 2005 to discuss the matter. In an effort to protect your investment into a new building and the investment of the infrastructure of the City; we have no choice, but to stop work issued under this pemrit. As discussed, the City believes there are options for a detached garage on this property, without encroaching in the easement azea; however, modifications to the design and size maybe necessary. The City wishes to work with you further to obtain a project that will protect the easement azea and allow access to the reaz tuck-under garage. Please let us know if you would like to discuss further plans or ideas. If you do not wish to pursue this, please contact us so that we may remit your building permit fees, previously paid. Sincerely, Julie Wischnack, AICP Director of Planning/ZoningBuilding cc: Kent Exner, City Engineer • _ ~Le, qny Rutledge, Building Official June 8, 2005 /o3S _1~~~eN S~ ENCROACHMENT AGREEMENT • ~ Thus agreement is made this ~O¢ day of Augusts 1991, by and between David A. Vanden Berg and Dawn R. Yanden Derg, husband and Wife and the City of Hutchinson, a Municipal Corporation. WHEREAS, the Vanden Bergs are owners of Lot Nine (9) of Lot G Subdivision of the Auditor's Plat of the South Half of Section Six (6), Township One Hundred Sixteen (116) Northr of-Range Twenty-nine (29) West, according to the plat and survey thereof` on file and of record in the office of the County Recorder, in and for McLeod County, Minnesota. R'HEREAS, a 20 foot easement for storm sewer purposes on the east boundary line of the property owned by the Vanden Bergs which easement is dated April 26, 1961 and filed in book 48 of • Misc. at page 216. WHEREAS, the Vanden Bergs have been issued a permit Co erect a teat yard garage which garage encroaches upon the easement. NOW THEREFORE, in consideration of one dollar and other good and valuable consideration and the mutual promises of the parties, the Cit~+ of Hutchinson agrees to allow the Yanden Bergs, their successors or assigns to encroach six feet. into the casement for the purpose of constructing a gar-age. The Vanden Bergs agree that the east end of said garage will be 14 feet from their tear lot line. IN TESTIMONY WHEREOFr the said parties have set unto their hands the day and year first above written. • ~3 David A. Vanden Berg Dawn R. Vanden Berg lT City of Hutchinson. a Municipal Corpoction by: Paul Ackland, mayor State of Minnesota ) DEAUNRBRNtKM.W ) s s : Nor~r vueuc • w~eotA County of McLeod ) .1 N.ClE00C0UNTY V.r ._. .e~:K pill ZL 1TK 1'L On this ~ day of August, 1991, before mer a Notary Public within and for said County and State, personally appeared David A. Vanden Berg and Dawn R. Vanden Berg, husband and wife, to me known to be the same persons described in and who executed the foregoing instrument, and acknowledged that they executed it as their free act and deed. • State of Minnesota ) ss: Gounty of McLeod ) On this day of August, 1991, before me, a Notary Publics personally appeared Paul Ackland, mayor of the City of Hutchinson on behalf of the City of Hutchinson, a Municipal Corporation, State of Minnesota.' THIS INSTRUN,ENT WAS DRAFTED BY: Roger L. Gilmer GILMER LAW OFFICE 9S 2nd Ave. S.E. PO Box 338 Hutchinson, a1N 55350 (612) 597-3757 ~G~ CITY COUNCIL MINUTES -JUNE 14, 2005 (h) CONSIDERATION OF SETTING PUBLIC MEETINGS: . • JUNE 16, 2005, CENEX AG PUMP DAYS, 9:00 A.M. - 3:00 P.M. • JUNE 21, 2005, JOINT' MEETING WITH PLANNING COMMISSION & JOINT PLANNING COMMISSION - 8:00 P.M. Kay Peterson noted that it may not be an issue to set public events as public meetings. Motion by Arndt, second by Stotts, to set public meetings for June 16, 2005, for Cenex Ag Pump Days and June 21, 2005, for Jomt meettng with Planning Commmssron & Jomt Planning Commission. Morton tamed unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS 1. CHANGE ORDER NO. 1, LETTING NO.1, PROJECT NO. OS-Ol John Rodeberg stated this is for the pipe by VMF Park. An additional $7500 has been added to the project. Motion by Peterson, second by Haugen, to approve Change Order No.l . Motion carried unanimously. Bob Link, 1025 Jefferson Street, presented before the Council. Mr. Link asked about building permit regulations. _ Julie Wischnack explained that Mr. Link was issued a building pernut in August 2004, with no survey attached to his application. Ms. Wischnack stated that there was a 20' easement on the east side of the property that was unbeknownst to the applicant and the City. Upon discovery, construction of the garage is proposed to be built over a storm sewer lme. A stop-work order was issued on the permit. The City can refund his building permit fees and have allowed him some time to consider moving the construction to a different location on the property. Mr. Link explained that taz/concrete has been cut already and all the materials have been purchased for this prof ect. Ms. Wischnack explained that Mr. Link can file an insurance claim to recoup his costs. Kent Exner, City Engineer, explained that a storm sewer pipe is on center of the 20' easement. The pipe is 8 to 10 feet deep. If there would ever be a need to repair the pipe, the entire easement would be needed to get access to the pipe. Marc Sebora, City Attorney, stated that there aze two different issues. The building permit allowed him to build a structure and theaesponsibility is onthe applicant to identify any encroachments. However, the City has the ng1~t to utilize the easement. An option would be to allow the construction, but have a contingency that should the City need to repair the pipe, any damages or moving of the structure is on the property owner. John Rodeberg noted that it would be a tremendous cost if the garage had to be removed. Council asked that city staff work with Mr. Link on the issue. Gary Plotz - Mr. Plotz spoke about the refuse contract that will expire on October lg~ of this year with the current contractor, W rite Management. The City has been waiting for the County to decide if they aze going to take over recycling. They have not taken any formal action on this. Waste Management has contacted the City and requested renewal for three yeazs. Waste Management would like to meet with him and city officials on this issue. Another firm has show interest, West Central Sanitation, and Mr. Plotz feels they should be met with too. Bill Arndt and Steve Cook will be the Council reps to discuss this issue. Mr. Plotz then stated that the Police Commission met last week. The Commission reviewed their roles and responsibilities as aCommission. Because of the growth of the City since the inception ofthe Commission, • city staff has overtaken some of the roles of the Commission. The Police Commission would like to ~~- ~-~3 .~; ~iOs June 24, 2005 • Options for 1025 Jefferson Street SE: 1. Require that the garage not be located in the easement, as there is room for a gazage to be constructed in the area. 2. Allow for a partial vacation of utility easement, which requires 6 feet of vacation. The building would be located 4 feet from the storm. sewer line. (Refer to drawing of possible excavation - 22 feet of easement would be optimal 11 on either side of the pipe.) 3. Remove the tree that is located near the home and move the gazage west 6 Feet. 4. Have the garage load from the north and have stacked parking with in the gazage. • ~~~3 CITY COUNCIL MINUTES -JUNE 28, 2005 CITY COUNCIL MEMBERS AND CITY DIRECTORS Mayor Cook noted that it has been suggested to hold quarterly meetings with city directors for them to provide updates to the Council on proj ects. It was suggested to hold these updates on a regular basis. It was noted that all of the directors aze not required to attend the Council workshops if they do not relate to a director's particulaz azea of business. Motion by Peterson, second by Haugen, to approve setting quarterly meeting updates on the third Wednesday of the month from 9:00 a.m. - 12:00 noon in the following months: July, October, January, April. The first meeting will be July 20, 2005 (it was noted the Wage Committee meeting will need to be rescheduled). Motion carved unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS 1. Consideration of Setting Public Hearing for Establishment of TIF District to Redevelop for Cornerstone Commons Miles Se~pelt, EDA Durector, noted that the bank financing has been put into place for this project, however us contingent upon a Redevelopment TIF District being established. The funds in this pro'ect aze used to finance the project itself. The first action is to set the public hearing and direct stat~to develop the TIF District Plan. Motion by Arndt, second by Haugen, to set public hearing for August 23, 2005, to discuss creation of .Redevelopment TIF District and direct staffto develop TIF District plan. Motion carried unanimously. Mr. Seppelt also noted that the liquor store construction project is under way. The expansion and loading docks will be completed first and then the present liquor store will move into the new area with remodeling taking place in the current location. 2. Consideration of Solicitor's License for Commercial Concepts Publishing. Motion by Haugen, second by Peterson, to approve solicitor's license for Commercial Concepts Publishing to sell ads in Relocatron Guide. MOUOn carried unanimously. Jim Haugen -Congratulated the Jaycees on the fabulous Water Carnival event. Council Member Haugen asked for an update on the gazage issue that was brought up by the property owner on Jefferson Street at the last City Council meeting. Julie Wischnack noted that she and the City Attorney had met with the applicant on his options for the construction of the gauge. These options include: 1)not allowing the garage to be located in the easement as it could be located in a different azea, 2)allow for a partial vacation of the easement (garage would be located four feet from the storm sewer line), 3)remove a tree that is located neaz the home'and move the garage west six feet or 4)have the garage load from the north and have stacked pazking with the gazage. Mayor Cook also noted that he had asked Ms. Wischnack about the language as it relates to building permut applications. It was noted that there is a disclaimer on the applicatron that notes it is the property owner's responsibility to provide information related to the property. Ms. Wischnack shared vanous ways a property owner could find out information (i.e. setbacks, easements, etc.) as it relates to their property. Mayor Cook noted that he feels it is the responsibility of the property owner to identify encroachments and things. John Rodeberg expressed he does not feel rt is feasible to be able to work wuth only four feet within the pipe. Much discussion was held regarding the options provided to the applicant. Motion by Arndt, second by Peterson, to direct Julie Wischnack and-John Rodeberg to work with the • applicant on the options. Council Member Arndt noted that the easement shall not be vacated. Motion tamed unanimously. 5L~3 (; .i E. t CITY COUNCIL MINUTES - AUGUST 27, 1991 i The motion was made by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously to approve plat. {n) CONSIDERATION OF PRELIMINARY PLAT OF "'CRAIG'S HOLLOW" SUBMITTED BY CRAIG WHITE (2 MILE RADIUS) HASSAN VALLEY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously to approve plat. (o) CONSIDERATION OF ANNUAL REVIEW OF CONDITIONAL USE PERMIT FOR TEMPORARY BUILDINGS AT HUTCH TECH COLLEGE WITH FAVORABLE RECOMMENDATTON OF PLANNING COMMISSION The motion was made by Alderman Toregerson, seconded by Alderman Erickson and carried unanimously to approve. (p} CONSIDERATION OF AMENDMENT TO SEC. 2.32 OF CITY CODE FOR FIRE DEPARTMENT Fire Department representative Orlin Henke discussed the need of the department to have long term members, therefore designating age of recruitment as ages 21 to 30. The City Attorney would need to prepare an ordinance reflecting this requirement. The Council will review the ~~ Fire Department ordinance as a whole at the same time. On a motion by Alderman Torgerson, seconded by Alderman Mlinar and carried unanimously, the City Attorney was directed to draft an ordinance. for first reading on September S0, 1991. (q) RESOLUTION N0. 9560 - SETTING INTEREST RATE FOR 1991 IMPROVEMENT PROJECTS The motion was made by Alderman Mlinar, seconded by Alderman Erickson and carried unanimously to waive reading and adopt. (r) CONSIDERATION OF REQUEST BY TOWN & COUNTRY TIRE FOR CITY TO PROVIDE "NO PARKING ON SIDEWALK" SIGNS After discussion, Engineer Rodeberg was directed to inform Town & Country Tire that the City would provide "No Parking" signs which the City has available. If other signs are desired, it would be the responsibility 1fj of the business to obtain them.- . ~jJ / (s) CONSIDERATION OF ENCROACHMENT AGREEMENT WITH DAVID VANDEN ~( BERG ~~~ ' 65 Q CZ G CITY COUNCIL MINUTES - AUGUST 27, 1991 After discussion, the encroachment agreement was approved on a motion by Alderman Torgerson, seconded by Alderman Mlinar and 'carried unanimously. There was no action taken on Mr. Vanden Berg's request for fill for his driveway. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz discussed the need for two members of the City Council to be designated to meet with representatives of McLeod Landfill to discuss rate increases. Mayor Ackland named Aldermen Torgerson and Lenz for this task. Administrator Plotz discussed the request of a teacher from the Seventh Day Adventist school to "adopt a street", on 2 or 3 blocks of .Main Street, for weekly Sunday cleanup. Mayor Ackland directed that Administrator Plotz research setting up such a program. Administrator Plotz commented on the excellent work that has been done by Intern Steve Helget and requested that he receive some compensation for it. On a motion by Alderman Torgerson, seconded by Alderman Mlinar and carried unanimously, Steve Helget was awarded $500 to be designated as a scholarship grant from the City. (b) COMMUNICATIONS FROM ALDERMAN LENZ Alderman Lenz requested that the closed meeting of September l0 be set earlier to allow enough time for discussion. The meeting time was changed to 6 p.m. on a motion by Alderman Lenz, seconded by Alderman Torgerson and carried unanimously, (c) COMMUNICATIONS FROM ALDERMAN MLINAR Alderman Mlinar suggested that Attorney Anderson review City ordinances regarding requirements for city properties to be hooked up to sewer service. (d) COMMUNICATIONS FROM ALDERMAN ERICKSON Alderman Erickson commented on a community survey format that would be a good model for future use. (e) COMMUNICATIONS FROM ATTORNEY ANDERSON- Attorney. Anderson suggested that the Council adopt a 5~~-~~ Ua~;d Uande~ ~~r9 t03s 5~~,,v LOT 9 OF LOT G SUBDiVIS1ON v ~ ~1 -f1 2 1 ~1 1 b 4 S~. 1 c 9 ~ ~ N ~ ~ ti ~l 21 ~~ ~ 4~% 3 m a O ..... .. -' ~ e ~S ~ ~ A A '~ W~ 1 ,.. •: 1.'' J1 ,.. ;. N ~~~ ,,`1 ot6 6.a `Q O , . :P' ` O G~ ~~ O A `,~ P ~ '~ ~ ~4 20 ~ ..f . ,' ,z0 ~ ` i ~, 1 ~\ ,\ o denotes iron monument (lot corner) G£RTiF1CATE OF SURVEY for DAVID VANDEN BERG I PEL.L1hEN LMO s111tYEY1N6 Seel• 1" = 30~ lookP111 Pope 75 Ft le No. 91184 Hutehlnson, Mim»sote. f Mreby Cwtlfr lhet fhls surrey ras prepared by aia or under ~r direct supervision end Chet i ew a du. licensed Lend Surveyor under tM Iws o! the State of Mtanesote. ~~~ ~ »~- Os» AUGUST 21, 1991. ~ villard Poillnen, license No. %26 o~ .9 . ~ O '{ \. 1 > a 2~.`. Vim.. ,~ CG~3 364 CITY COUNCIL MINUTES -MARCH 14, 1995 4. RESOLUTION NO. 10411 -RESOLUTION APPROVING PLANS ql,~ SPECIFICATIONS AND ORDERING ADVERTISEMEL~IT FOR BIAS- . LETTING N0.9 • 5. RESOLUTION NO. 10412 -RESOLUTION ESTABLISHING MU'fI);~, AID AGREEMENT WITH BROWNTON 6. RESOLUTION NO. 10413 -RESOLUTION FOR PURCHASE 7. RESOLUTION NO. 10414 -RESOLUTION ACCEPTING PLEDGT+D SECURITIES FROM FIILST BANK OF MINNESOTA, HUTCIIAiSON, MN 8•. RESOLUTION NO. 10415. -RESOLUTION ACCEPTING PLE1Xiep SECURITIES FROM CITIZENS BANK AND TRUST CO; HUTCHINSON, MN. 9. REVISED RESOLUTION NO. 10404 -RESOLUTION E5TABLISHRdG LOCATION FOR TRAFFIC CONTROL DEVICES (c) CONSIDERATION OF SNOW REMOVAL PERMTTS 1. FLORIAN THODE 2. JAMIE EMANS The motion to approve the consent agenda was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. 9, Pi 1RLIC HEARiNC: - 8:00 P.M. (a) GRANTING OF FRANCHISES:. 1. JOSEPH AND CHERYL DOOLEY -- I~ 2. TODD AND SUE ALEXANDER I, Vice-President Mlinar called the hearing to order and read the notice hearing for two franchises. No one was present to be hea=d. 19S S~ '' ~~s`~` ~~ '~ 5~G~3 6 1. 365 . COUNCIL MINUTES - MARCH 14, 1995 rL The motion to close the ' FOR h~n8 at 8:03 P.M. was made by Council Member _ Erickson, seconded by Council Member Peterson and unanimously carried. ~" - The motion to approve sad grant franchises to Joseph and C I 1G Todd aad Sue Alexander and to waive the second ~' Dooley and No. 95-130 and No. 95-135 was readings ~ adopt Ordinances :~' made by Council Member Crai _ Council Member Peterson and g, seconded by unanimously carried. ,, COMMTiNTCATION RFni1FST4A1`mn^"^ rc --- 3, rre _ NONE (a) CONSIDERATION OF ORDINANCE ADDING TO THE CITY CODE SECTION 5.46 AUTHORIZIlVG THE ISSUANCE OF AN INTOXICATING MALT LIQUOR ON-SALE-LICENSE ' City Attorney Anderson reported that State Statute authorizes a municipality to allow "strong beer" sales, with the following two conditions: (I) the seller must hold a wine license and a 3.2 beer license, and (2) the seller must make 60% of the gross sales from the sale of food. It was also noted that wine coolers are included under the definition of wine so a wine license would be required to sell wine coolers. Following discussion, the motion to approve a "strong beer" license and to waive first reading of Ordinance No. 95-140 and to set the second reading for March 28, 1995, at which time a license fee would be established, was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. RESOLUTION N0.10416 -RESOLUTION REQUESTING THE LEAGUE OF ~ MIIQNESOTA CITIES INSURANCE TRUST TO ACCEPT PARTICIPATION OF j CONNECTCARE IN ITS INSURANCE TRUST PROGRAM Following discussion, the motion to approve and adopt Resolution No. 10416 was made by Council Member Erickson, seconded by Council Member Craig and. unanimously carried. .. I I I ~ ~ Ii SUBMITTED BY ROBERT -LINK AT PLANNING. COMMISSION MEETING NOV. 15, 2005 • 5~~~3 ~~ ~ ~~~~ .. ._.,,. __ ...A .~ _ . n.,..._ '(~~'t~(. C~i ~~~ "~i°'1 :~~ .¢; s ~.~~:. -., Y y~ -- ;= _ri~~ -s ~~~~~ E~~ra#~+owr~ C~ Excavations °,,, U.S. Department of Labor Elaine L. Chao, Secretary Occupational Safety and Health Administration John L. Henshaw, Assistant Secretary OSHA 2226 2002 (Revised) j~~ ~ Introduction ......................................r............:.......... l What is<the difference between an excavation and a trench? ......................................... I What-are the dangers of trenching and' excavation operations? .......................................... 1,. OSHA's Excavation and 'Ii~enching Standard ..........:.. 2 What does the OSHA standard cover, and-what protections does it offer? ..........................:... 2 What kinds of excavations and drenches are not covered? ..................................... 2 Preplanning ............................................................. 4 • Why i§ it'important to preplan -the excavation work? ..................................... 4 What safety factors should you consider ~,~ when bidding on a iob? .................... ..._..,. _ . 4. _. .. - - _ .... _._.._.-. ~} ~, ~' How can you avoid hitting underground ,~ r ,~ s utility lines and pipes during excavation work? .............. 5 _~ ~~,s~r ~k~ `~ What should you tell workers ~ `~ ~~.~' ~ before they start the project? ........................::............. 6 .................................... 7 "~ Protective Systems .............. ~~~ ~ ~ How can you prevent cave-ins? .................................... 7 ~~~ ~ x How do you choose the most ~, ~ . ' appropriate protective system design? ......................... 7 w :~ . ,~ "~ ' What other safety precautions '': b~.:' are you required to take? ........................................... l0 J~~ -_ How do you safely install and ~a3% remove protectve systems? ...................................... ! 0 How should you maintain materials and ~&, ' equipment used for protective systems? ..................... l f ~~ ~ ~ ~ y Additional Hazards and Protections ........................ 12 } 6 iG 4~~dr4 ~ ~. '~* ~^~ " ~ What other excavation hazards do ~ ,~ ~"'~~'~ ~~~• you need to protect workers against? ......................... 12 ~'# ~~ x What is the effect of water ~~"~` r ''~~~;'_; accumulation on excavation safety? ............................. 13 ~, ~~~ How can you protect workers against ~~_'~~" `,;': ~ hazardous atmospheres inside excavaflons? ................ 13 ~ What-means of accQSS and - ~ - - ~~~'~ , ~~' ~ ..... ........ egress are you required to provide? . 14 a r.~ ~, p r~~~*"~ a^" ~-~~ What protective equipment aze ~ $', ' ~,' employees in pier holes and confined • ,, , ~ k footing excavations required to use? ........................... l4 i ~3 *; , ~': ! When should you conduct a site inspection? ................ 15 _ m ~ .' ~f L ' "` OShIA Assistance, Services, and Programs .............16 : , . Y-7~r.1 k ".. ~.., ..................... . me? OSHA hel Ho . i6 ~' . ................. p w can and health program management es safet d H '' y ow o assistance help employers and employees? ............... . 16 What are state plans? .............................................. . 17 . ' How can consultation . ' assistance help employers? ....................................... . 17 ;._, . : . Who can get consultation assistance and what does it cost? ............................. .. 18 Can OSHA assure privacy to an employer who asks for consultation assistance 18 J~~ Can an employer be cited for violations after receiving consultation assistance? ....................... ] 9 Does OSHA provide any incentives for seeking consultation assistance? ............................ 19 What are the Voluntary Protection • Programs (VPP)? ..................................................... 19 . t-low do the 1lPP work? .....:.:.........:::..::::::: ~:::::::.::::: 20 _.. . How do VPP help employers and employees? ............ 20 How does OSHA monitor VPP sites? ......................... 2l Can OSHA inspect an employer who is participating in the VPP? ................................. 21 How can a partnership with OSHA improve worker safety and health? ............................. 22 What is OSHA's Strategic Partnership Program (OSPP)? ..............:................... 22 What do OSPPs do? :.............................................:. 22 What are the different kinds of OSPPs? .................... 23 What are the benefits of participation iri the OSPP? ......................:................. 23 Dces OSHA have occupational safety and health training for employers and employees? ............. 24 Does OSHA give money to organizations _, _ . _, _.., _ ..., .._._w-. for Gaining and education? ........................... ............. 25 Dces OSHA have other assistance materials available? ..................... .............. 26 What do I do in case of any emergency or if I need to file a complaint? ..................... .............. 26 ,~C~ _. OSHA-Regional and-Area Offices ..:::.:.-..::.-.~::.-.:::~~27 -- __.._... OSHA-Approved Safety and Hea1tB Plans ................................................... 31 OSHA Oasite Consultation Offices ......................... 35 J~~~ Introduction Excavation and trenching are among the most hazardous construction operations. The Occupational Safety and Health Administration's (OSHA) Excavation and Trenching standard, True 29 of the Code of Federal Regulation (CFR), Part 1928.650, covers requirements for excavation and trenching operations. This booklet highlights key elements of the standard, shows ways to protect employees against cave-ins, and describes safe work practices for employees. • What is the difference. between an excavation and a trench? OSHA defines an excavation as arty man-made cut, cavity, trench, or depression in the earth's surface formed try earth removal. This can include excavations for anything from cellars to highways. A trench is defined as a narrow underground excavation that is deeper than it is wide, and no wider than 15 feet (4.5 meters). F ~ ~ ~ What are the dangers of trenching and excavation operations? ~. ~, ~~~~~ Trenching and excavation work presents serious hazards to }~,~~.~ ~ ~ ~, all workers involved. Cave-ins pose the greatest risk and are ~: ~ `~ '` much more likely than other excavation-related accidents to " ~ ' result in worker fatalities. Other potential hazards include '~ falls, falling loads, hazardous atmospheres, and incidents involving mobile equipment. 1 ~~~ J OSHA's Excavation .and Trenching Standard What: does the OSHA standard cover, and what:protectons does it a'ffer? The rule applies to all open excavations made in the earth's surface; including-trenches. Strict •compliance with- altsections of the. standard wilt prevent or featly reduce the risk of cave-ins as-well as other excavation-related accidents. • The excavation is less than 7-1/2 feet (2.5 meters) deep or is benched for at least 2 feet (.61 meters) horizontally for every 5 feet (] .52 meters) or less of vertical height; • The bottom of the excavation, from the excavation face to the formwork or wall, is at least 2 feet (.61 meters) wide, and wider if possible;. __ _._____ _:.._._.__...__._....__.__~..... ~.._~_..... • No water, surface tension cracks, or other environmental conditions reduce the excavation's stability; • No heavy equipment is vibrating the excavation while employees are in it; `ct~-~ Soil, equipment, and material surcharge loads are no closer to the top edge of the excavation than the excavation is deep. When you use front-end loaders to dig the excavations, place the soil surcharge load as far back from the edge of the excavation as possible, but never closer than 2 feet (.6l meters); • The fewest crew members possible are performing the work; and • Workers spend the minimum time possible in the excavation. This exemption does not apply to utility excavations or trenches, which are covered by 29 CFR 1926.652. • 8 5~~~3 :Preplanning Why is it important to preplan the :excavation work? No matter how marry trenching, shoring, and backfilling jobsyou have done in the past, it is important to approach each new job with the utmost care and preparation. Many on-the-job accidents result directly from inadequate initfa} planning. Waiting until after the work has started to correct mistakes in shoring orsloping slows down-the°operation; --_ -. ---__........ _,..r-_... adds to the cost, and increases the possibiGtyof a cave-in or other excavation failure. What safety factors should you consider ~„ when bidding on a job? a ~ ,,, t. Before preparing a bid, you will want to know as much as ~m ~~~ "~'`"' s ~- ossible about the jobsite and the materials you will need to ~~ ~~ ~ ,, £= have on hand to perform the work safely and in compliance ~~~~ with OSIiA standards. A safety checklist may prove helpful "~° ~~ :, when you consider specific site conditions such as the ~.. •~? following. ~ ~ ~`~ Traffic, `~.~ w .~~€ ~.. ;,, Proximity and physical conditions of nearby structures, • Soil, • Surface and ground water, • Location of the water table, • Overhead and underground. utilities, and.. __.. _ _ _. . - _._:. _ • ... --- -._ - .- • Weather. 5~4~3 You can determine these and other conditions through jobsite studies, observations, test borings for soil type or conditions, and consultations with local oiflcials and utllity companies. This information will help you determine the amount, kindrand cost of safety equipment~ou.avill~need-•-_.,._...._.... _...... _....,,_•. to perform the work in the safest manner possible. How can you avoid hitting underground utility lines and pipes during excavation worls~ Before starting work, the OS1iA standard requires you to do the following: • Determine the approximate location of utility installations-sewer, telephone, fuel, electric, and water lines; or-any other underground installations; `~ '~ ~ "~'~ ~`~~~ ~~ Contact the utility companies or owners involved to , ~~ ~ , ~~ ~ ~ : inform them of the proposed work within established . ~ ~ ~ fi ~ or customary local response times; and .„ „ ,,;, t ;. , • Ask the utility companies or owners to find the exact location of underground installations. If they cannot respond within 24 hours (unless the period required by state or local law is longer) or cannot find the exact location of the utility installations, you may proceed with caution. -If your excavation work exposes undergro'uiid"insfalCatfohs; '"` OSI~{A regulations require you to protect, properly support, or remove them. 5 5~~ C~ What should you tell workers before they startthe project? When yoq share the details of your safety and health program with employees, it is important to emphasize the critical role you expect them to play in keeping the jobsite safe. You may want to emphasize speafic rules to help reduce the risk of on-the-job injuries. These rules may include requirements that workers • .~ Remove or minimize all surface obstacles at the ,~ worksite that may create a hazard,; r • Wear warning vests or other reflective or high-visibility k ~ ~ ~ garments that you provide when they are exposed to ; ~ ~, vehicular traffic, 1 Wear or use prescribed protective gear and equipment ~ ` correctly, k~ x "{ S' R ~ ~ ;:.~ ~, , • Operate equipment only if they have been trained ~ `x.~ ~~~~~ " ro erl in its use and alerted to its otential hazards _ _ . P _ . _ _.., ..._, ...__ __.._ .. . P P Y 4 r~~~~ ~r~~~+ ,. _ . and '~'" r*~ ~~ 4,~?~ ~ Follow safe work practices. [t also is important to establish and maintain a safety and health management system for the worksite that provides adequate systematic policies, procedures, and practices ko protect employees from, and allow them to recognize, job-related safety and health hazards. For more irdormation about establishing such a system, see page 18. • ,~~C,1J Protective Systems How can you prevent cave-ins? OSHA requires that all excavations in which employees P IY ~P P SY _..__.._... _... could- ofential' -be - osed to cave-ins be" iot"ec~fiia ~ "~ ~ ~ " "" • Sloping or benching the sides of the excavation, • Supporting the sides of the excavation, or • Placing a shield between the side of the excavation and the work area. °° How do-you choose. the most appropriate protective system design? ~ °~ Designing a protective system can be complex because you °" ; ; must consider marry factors: soil classification, depth of cut, ,~~ ,~ $ ~~: water content of soil, changes due to weather and climate, _,~~~`"~~a~"~`, ~~ ~= ~~°~ { or other operations in the vicinity. You are free to choose the a ~~ f ~,~„~',y~, ~ most practical design approach for any particular circumstance.. ,~:~ ~~~ , ~ , Once you have selected an approach; however, the system must r`°~'#.x~~ ~~ = meet the required performance criteria. 3,F~'~~ ~ r The OSHA standard describes methods and approaches ;;,~` yea ~ .°~r for designing proiective systems such as the following: 7 5~~~ zo' n+a:: i i-i~z h7gure 1. Excavations Made in Type C Soil Method 2 - Use tabulated data such as tables and charts R- approved by a registered professional engineer to desigmthe excavation. These data must be in writing and must include ~; , _. sk enough explanatory irdormation,including the criteria for making aselection and She limits on the use of the-datarf9r'xI1CLSCC ~- - --~_........, -.,.....-_... to make a selection. At least one. copy of the data, including ~ ~~ the identity of the registered professional engineer who M • ' approved it, must be kept at the worksite during construction the After the system fs completed stem t ti f th ~ , , . ve sy ec e pro o "~,~ , -~ ~~ ` data may be stored away. from the jobsite, but a copy must b '~; ~~~ y; or be provided upon request to the Assistant Secretary of la i ~~~'~ `"~~s for OSHA. a° ~' a `pS °¢ '~ p ~ ~ ~ Method 3 - Use a trench box or shield designed or ' " ~ ~~' approved by a registered professional engineer or based t ,~ f ' on tabulated data prepazed or approved by a registered a ~ ~ A, professional engineer. Timber, aluminum, or other suitable materials may also be used. OSHA standards permit the ~ use of a trench shield (also known as a welder's hut) if it ~ ~~ provides the same level of protection or more than the $ ~ appropriate shoring system. }y k !. .. C~~ Employers can choose the most practical method for the particular arcumstance, but that system must meet the required performance criteria. The standard does not . require a protective system when an excavation is made entirely in stable rock or is less than 5 feet (1.52 meters) deep, if.a competent person has.examined-.the.ground.and.--..:_...._......- --. found no indication of a potential cave-in. 9 ~~ F}gur+e 2. Trench Shields The standard requires you to provide support systems such as shoring, bracing, or underpinning to ensure that adjacent structures such as buildings, walls, sidewalks, or pavements remain stable. The standard also prohibits excavation below the base or footing of arty foundation or retaining wall unless • You provide a support system such as underpinning, • The excavation is in stable rock, or • A registered professional engineer determines that the structure is far enough away from the excavation and that"excavation will not pose a hazardTo'empfoyees- ~~' ~ ~'a Excavations under sidewalks and pavements are ~' ~ prohibited unless you provide an appropriately designed • support system or another effective means of support. il~~ si ~~~~ ~~~ How do you safely install and ~, ~~ ~~~~° ~ '~~t~ ~. remove protective systems? The standard requires you to take the following steps to protect employees when installing support systems: • l;onnect members of support systems securely, • Install support systems safely, • Avoid overloading members of support systems, and • Install other structural members to carry loads imposed on the support system when you need to remove individual members temporarily. In addition, the standard permits excavation of 2 feet (.61 meters) or less below the bottom of the members of a ~C~ • Materials and equipment are free from damage or _ . _ _ . _ _ . _ .___ _~ . . ............r_... _ . --- - - defects; • Manufactured materials and equipment are used and maintained consistent with the manufacturer's recommendations, sa as to prevent employee exposure to hazards; and while in operation, • A competent person examines any damaged materials and equipment. You must remove unsafe materials and equipment from service until a registered professional engineer evaluates and approves them for use. 11 • ~`C;~ E Additional Hazards and Protections What other excavation hazards do you need to protect workers against? In addition to cave-ins and related hazards, workers involved in excavation work also are exposed to hazards imrolving falls, falling loads, and mobile equipment. To protect employees from these hazards, OSHA requires you to take the following precautions: ~ ~ Keep materials or equipment that might fall or roll into e an excavation at least 2 feet (.61 meters) from the edge of excavations, or use retaining devices, or both. ~,~: . Provide warning systems such as mobile equipment, ~ barricades; hand or mechanical signals, or stop logs to alert operators to the edge of an excavation. If possible, • keep the grade away from the excavation. • Provide scafing to remove loose rock or soil, or install ~ ~~t protective barricades and other equivalent protection to ~~~~ ~ ` protect employees against falling rock, soil, or materials. i ++~~- kt~~ x sa,g_~f t '_ ~~~., ~ Probibit_employees from working on faces.nEsloped._nr_.. _ __ ......_. _,..,~._..... ~,~ ~, ' . benched excavations at levels above other employees. . ' ,i ~ _ unless you provide the employees at the lower levels " ~ `" ., adequate protection from the hazard of falling, rolling, or sliding material or equipment. • Prohibit employees from standing or working under ~ '; loads being handled by lifting or digging equipment. : x "TM ' = Require workers to stand away from vehicles being ~x ^ d or unloaded to protect them from being struck . l d , ... .! oa e by any spillage or falling materials. You may permit erators to remain inside cabs of vehicles if they o p provide adequate protection from falling loads- during loading and unloading operations. • ~~`~ What is the effect of water accumulation on excavation safety? Among the additional hazards stemming from water in an excavation are undermining the sides and • ~ ~- How can you protect workers-against--- __..__. _ .. __ __. _.. . ~~~~ ~ hazardous atmospheres inside excavations?. ~"S ~ ~~ ~~ 's x ~;~ ~ A competent person must test any excavation deeper ~ ~ * `~+ ``~ ` ~,~. ~ x ~ s~ ~ than 4 feet (1.22 meters) or where an oxygen deficiency or ~ ~, ;~ ` " ` }~ a hazardous atmosphere is present or could reasonably be ' "' expected, such as a landfill or where hazardous substances ' ` are stored nearby, before an employee enters it. If there are any hazardous conditions, you must provide the employee ~;" .. ' controls such as proper respiratory protection or ventilation. In addition, you are responsible for regularly testing all controls used to reduce atmospheric contaminants to " "~~ acceptable levels. If unhealthful atmospheric conditions exist or develop in an excavation, you must provide emergency rescue equipment "`` such as a breathing apparatus, safety harness and line, and basket stretcher and ensure-that it is readily available. __ This equipment must be attended when in use. 13 ~~~~ .. ^ What means of access and egress are you: required to provide? OSHA-requires you: to provide safe access and egress to all excavations, including ladders, steps, ramps, or other safe means of exit for employees working intrench excavafions I` 4 feet (1.22 meters] or deeper. These devices must be located'inthe exgvation within 25 feet (7:62 meters] of ...all workers. Any s-tTUChfral'ramp"s-you use in your opei~atton musf _._,._.... ---_- ,--. -....--- be designed by a rnmpetent person if they are used for employee access or egress, or by a competent person qualified in structural design if they are used for vehicles. ~~ Also, structural members used for ramps or runways must be uniform in thickness and joined in a manner to prevent tripping or displacement. What :protective equipment are employees in pier holes and confined ~ ,~ footing excavations required#o use? ~, ~~~~ ~~ An employee who enters abell-bottom pier hole or similar ~~~ ~~z~~ deep and confined footing excavation must wear a harness. to the urel d h ~~ ` rte. ~_~~ ~ y sec e with a lifeline. The lifeline must be attac dl ~,r~' y~ ~~ { i e harness and must be separate from any line used to han `- '~ , r ~~' materials. Also, while the employee wearing the lifeline fs in ~~ ~ ~ the excavation, an observer must be on hand to ensure that s4 =~ s~ ~ the lifeline is working properly and maintain communicafion `' ~ ,, ~ k~, ~: with the employee. E ..a.. r .~ . a .a. $.:h srs?,.e ____ _ _ .... _ __ . _... -.. _....a .. .. .. _ _ _ ._.. - i • ~~~ >rxcavatton, 1 rencnuig ana ~normg ~siery Add all these factors up and R soon becomes Gear. sloping, even in conjunction with benching, may be desirable- . but noYalways very practical and economical. A ~mpetent person must be familiar with the various sloping and benching configurations available, should that • be the choice for protecting workers. In sloping and benching, important points to remember are the'yveakest link" in determining what type of soil is supporting what type. If type C is supporting type B or any other type of combination, the sloping and benching configuration chosen must lie in accordance with the OSHA stahdard. Refer to Appendix A of this workbook for the various conditions in which sloping and/or benching can be used. • http://vvww.afscme.org/health/excavOS.htm 7/5/2005 ~~G~ • IT Mex lf2 t Simple Slope Type A - - Benching is a process of stepping off the earthen walls of an excavation. ~' ~~. _.. ... .. I .M~ Sloping can be used as a system by itself or in conjunction with benching. • ZU IHax ~~ ~ 1 S Max i 3!4 i i 4' Ma:. f~ i In the real world, there are very few applications where sloping and/or benching can be used. Why? Most often, the luxury of available space is the first consideration. Many excavations are dug in right-of-ways where the presence of other utilities and traffic become major considerations. Moreover, for every cubic yard of soil that is removed, it is very likely that nearly the same amount of material must be put back, and compa.6ted as well... _ a~a~ Simple Slope in Type C Soil t___J an If the location to be excavated has been previously disturbed, as it frequently is along a right-of-way, the soil type will very likely be classified as "C". With Type C soil, the excavation walls must be sloped back on each side of the excavation one and one half feet for every foot of depth. • http://www.afscme.org/health/excavOS.htm ~~~, Knoould w ~~~~~ Iy ~r EY ~J C/ ~1. ofptcryM American ~ 2 $ en Concrete Pipe Associatlon A Message from the American Concrete Pipe Association Bulletin No. 125 A New Dinnertime Subject: Concrete By Jeri Tyler n ~J How exciting is it to watch grass grow or concrete dry? Maybe we should rethink what is exciting because it could cost us money if we don't watch what is happening in our neighborhoods. Every rainy season we hear honor stories of houses being flooded because too much water has drained from roads.or hills and be- cause of possible collapsed drainpipe neazby that couldn't handle the flow. Developers usu- ally use comrgated steel pipes because they feel dre cost is cheaper than the cost of con- Crete, but in the long run that's not true. Corrugated steel pipe or aluminum and plastic pipes usually have a service life of anywhere from 20 years to about 40 years. Con- crete pipes used for storm water have a life of 100 years plus. Also concrete pipes do not have a coating that could possibly catch fue. "So what?" you are probably saying now as you read along. Gwinnett County is generally looked up to, not only for its exceptional growth, but for its quality growth and standard of living. These achievements could not be made without qual- ity building codes and development regula- tions. But there is one problem. Most (95%) of the stormwater irtfrastructure products now being installed by the development commu- nity aze usually flexible pipes, not concrete pipes. "So" you say. The reasons we should be concerned are many and most affect our pocketbooks. As Gwinnett grows, new homeowners come looking for affordable housing, usually thinking they are buying their "starter" home. Hope- fully they plan to buy bigger .and better homes. .But sometimes the homeowner stays or sells this home to someone else who has great plans. Then the years have passed and 20 years doesn't seem like such a long time. Then the big rain comes; the drainpipes in your sub- division collapse and water is going in your home and your neighbor's home. The pipes have rusted or for whatever the reason, water continued on back SC~:~3 t c, . Corrugated steel pipe pictured here has a life sport of 20-40 years versus concrete with a 4j'e span of 200 years. • Page 1 of 1 BOB LINK • From:. Lary Gustafscn [larryg@cretexnorth.com] O~ 1 S ZOOS .Sent: Thursday, November 10, 2005 2:18 PM D pL of R12.f& 8 To: BOB LINK Subject: RE: pipe It will probably last longer than another 50 years. Larry Gustafson, P.E. Sales Manager Cretex Concrete Products North 1~usCa~cretexnorth.com Cell: 612-770-5266 From: BOB LINK [maiRo:blink@senecafoods.comJ Sent: Thursday, November 10, 2005 11:31 AM To: Larry Gustafson Subject: pipe I have a question on the life expectancy of 24" reinforced concrete storm drain I have one installed in my back yard that was input in 1961. Could it last another 40-50 years I can see it come into a catch basin and go out and it looks fine there. Bob Link Purchasing Agent Seneca Foods Glencoe Mn 320-864-2254 320-864-6278 Fax • 11/10/2005 ACC RESOLUTION NO. 12851 LOT SPLIT LOCATED IN RIVERVIEW HILL ADDITION RE(~UESTED BY BRUCE AND SUSAN MORTENSON, 375 - Is AVE NW BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Bruce Sudheimer, property owner, 375 - 1st Ave NW, applied for a lot split with the following legal description Legal Description: SOUTHERLYPARCEL: The South 35.00 feet of Lot 1, Block 1, Riverview Hill Addition NORTHERLYPARCEL: Lot 1, Block 1, Riverview Hill Addition, except the South 35.00 feet of said Lot 1. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the .proposed use on the health, safety, and welfaze of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding azea and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The City Council hereby approves the lot split unanimously with the following conditions: 1. Mr. Jensen must plat this parcel with his property. 2. The property owners aze responsible for recording of all documents regazding the transfer. Adopted by the City Council this 22"a day of November, 2005. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor ~C~~~I Hutchinson City Center • DATE: November 16, 2005 ttt aassau stmt s$ Hatc6imon, MN 55350.2522 320.587-5151/Fu 320.23A~A240 MEMORANDUM TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF A LOT SPLIT REQUESTED BY THE PROPERTY OWNER LOCATED IN RIVSRVIEW HILL ADDITION AT 375 - 1ST AVS NW Pursuant to Section 153.05, of the Hutchinson Municipal Code, the Hutchinson Planning Commission is hereby submitting its fmdings of fact and recommendation with respect to the aforementioned request for a lot split. HIS~T ICY Bruce Mortenson, property owner, has submitted a lot split application to split 35' x 100' from his property located at 375 - 1" Ave NW. The split is the southerly 35 feet of his pazcel. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. The parcel is located in the Rl (Single Family) zoning district. 3. The lot split will create a land locked and nonconforming lot. For this reason, the lot must be platted with adjoiniIIg property. RECOMMENDATION The Planning Commission voted unanimously to recommend approval of the lot split with the following recommendations: 1. Mr. Jensen must plat this pazcel with his property. 2. The property owners are responsible for recording of all documents regazding the transfer. Respectfully submitted, Dean Kirchoff, Chairman Hutchinson Planning Conmrission • Cc: Bruce Mortenson, 375-1" Ave. NW Neil Jensen, 22 North Main St. Printed on recycled paper - ~~Jy DIRECTORS REPORT -PLANNING DEPARTMENT To: Hutchinson Planning Commission (Persons in attendance at Planning Staff Meeting (in bold) Fmm: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Erin Eberdt, Jean Ward, John Rodeberg, P.E., Kent Exner, John Webster, Michael Kumm, John Olson, Lenny Rutledge, Kyle Dimler, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Jalie Wischnack, AICP, and Bonnie Baumetz Date: October 31, 2005 -Meeting Date: November 15, 2005 Applicant: Brace and Susan Mortensen, property owners LOT SPLIT Brief Description Bruce Mortensen, property owner, has submitted a lot split application to split 35' x 100' from his property located at 375 - 151 Ave NW. The split is the southerly 35 feet of his pazcel. GENERAL INFORMATION E~sting Zoning: Rl (Single Family Residential) Property Location: 375 - 1°` Ave NW Lot Size: The lot split parcel will be 35'X100' Existing Land Use: Single Family Adjacent Land Use And Zoning: R-1 (Single Family) Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: N/A Applicable Regulations: Section 153.05, Hutchinson Municipal Code SPECIAL INFORMATION • Transportation: 151 Ave NW Parking: N/A .~C~J~~ `J Lot Split Mortenson/Jensen - 375 - ls` Ave NW Planning Commission- November 15, 2005 Page 2 Analysis and Recommendation: The lot split will create a land locked and nonconforming lot. For this reason, the lot must be platted with adjoining property. Staff would recommend the following conditions with the lot split: • • Cc: Bruce and Susan Mortenson, 375 - 1~` Ave NW Neil Jensen, 22 North Main St .~C~~t~ I. Mr. Jensen (buyer of the parcel) must plat this parcel with his property within 3 months of this approval. 2. The property owners aze responsible for recording of all documents regazding the transfer. ~O~Y G i~ 2 3 ~\~~~ ~. I~ ~ I. I I ~~~~ ~ ~\J~~ L B i i I xam we r m. aam asm en ao~l 1, el.a!.~I _ I OO w NORTH ~ 8 ~ ~ I ~ ~ lauM AM N UI 1. Bb[M 1~ ~------J ___~__-__ .__ 100.00 i -/ HALF 6 ~ 7 BLOCK 39 N LM1D SURVEYING 2 3 I ' J _ _1--~ ,~.-~~~~ y NW F,Rg~ pVENUEI.~ _~. _~ ~_ ~- I ~~~~ BLOCK I 4 ~ P~~\.`\O ~__ 8 i OF HUTCHINSON MN I' J CERTIFICATE. OF SURVEY FOR NEIL~NSEN PROPOSED SPLIT OF LOT I, BLOCK I, RIVERVIEW HILL ADDITION ~;. z ~`c~ ¢~ DESCRIPTION FOR SOUTHERLY PARCEL ~.,. ,Nw~ The South 36.00 feet of Lot I, Block 1, RRtERV1EW HILL z4@ ADDITION. DESCRIPTION FOR NORTHERLY PARCEL Lot 1, Block 1, RNERVIEW HOl ADDITION, ezeapt the South '' 36.00 feet of said Lot L N O PO 40 BO rcob In Jasi Joe M0. • D•mNa Iron monument toana O D•noua kon monum•m ur 1 Mr•hY ••rrlia roar rrnial•er vunea my Alncr Rq•rr ra• Pr qer •a !e apart laJ On ena roar 1.aN O Ault Im•nwa Lana 8urv7er •na•r rh• Iar• of tM Srau el Ml nnoare. ~ - - NN~R Rduw/ny., n~~~Q Dor•• ~ df/~ Lic. Ne./Yml®~ eN v-~, Iro w ~ V^' I s 28 45 315 24 18 12 6 ~ v~ ~~ ~ s,~~u;~~ .. z ~~"r~ .r „? ti~: 307 315 NOV-14-05 MON 4:05 PM JENSEN 6 GORDON LAW OFF. EAX N0. 32C 567 1061 . JENSEN & GORDON ATft)RNEYS AT LAw P. 1 NEIL 1• JENSFA'l DIANEL.OOADON 22 NORTH MAtN t3i1TCHiNSON, MINNESOTA 55)50 PHONE: )2p1)t7.2p/6 FAX: )20f5r1-IOi1 Fax To: Julie Wischnack Fsx fl: (320) 234-4240 From: Neil ]. Jensen Date: November 14, 2005 Re: Lot Split Arages: 1 Julie -This note confirms our earlier conversation of my lot split application, which will be considered on Tuesday, November 15'", at 5:30 p.m. I will not be able to attend, but agree with staff recommendations to submit a proposed plat. Jeff Rausch will take care of this matter forme with in the next couple of weeks. Pfease le[ me know if the planning commission has any other questions. Thank you. Neil N:Vrom old compolMWPDOCSIwiuAnack.lix.u'pd • ~~~~~~~ N~tt+'G S ~C{J OL~t~ Digital BoomBoaraS _ Point-of-SalesMorkefing. ~ P~~~U~~-Q., ~t y. t,t t7VL U Di ital BoomBoards'"" Boost Sales. e J~ t' ~~as~ p~Jt~ev `F" Th e hightlefinition flat screen monitors pump up your P.O.S. adverfising impect_ Continuous Flash animations supplied by big name beer, wine and liquor brands ' ' Occ~Jf ~~" 1 grab customers attention at the moment they re making their purchase decisions. 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Take advantage of this powerful P.O.S. solution To reserve your Digital BoomBoards" today, please contact: TJ Obrien 612 388 0823 TJ@lifemediainccom But hurry-limited avoilabiliN! zi ? oNnns ~.rvE Few; rwr~ ssuse . ct ~ ~~o __ J «, Candice Woods • From: T] O'Brien [tj~lifemediainc.com] Sent: Wednesday, November 09, 290 11:44 AM To: Candice Woods Subject: i2E: Digital Boomboatds Here are a few examples of ads for you to view: htt~: //al iyepr_omo.com/i ntra/metnbers/LifeMedia/f i les/Aut_o Trnderswf http;//_n_.live~romo.com/intro/members/LifeMedia/files/Vik Sched Oct2.swf http.//al ivepromo.co±n/infra/members/l.ifeMedia/t les/RedCrossswf http://alivepromo.com/intro/members/LifeMedia/fi les/Pearsons.swf please Feel free to contact me with arty questions. TJ O'Brien Natiar~nl.Account Exeet~tive Life Media Inc. 612.388.08,3 i • 11!912005 ~cd~ Digital ~>~~tlr~aa Point-of-Sales Marketing. ADVERTISING AGREEMENT THIS AGREEMEN I (the "Agreemeni'I is made and entered into the between Life Media, Inc. I"Life Media") and See eddendum on page C for specific locations if retnler has more than On8 location. I"Retailer"1. Grant of Riaht. Retailer does hereby lease and grant exclusively to Life Med!o the right to place electronic billboards Ithe "Boards"} on the inferior premises of all Retailer's stores located in the State of .Minnesota, presently existing and here after opened, together with sufficient access to allow Life Media to service and maintain the Boards. Life Media is specifical fy granted the right to enter Retailer's placers) of business at reasonable hours to place and maintain advertising on the Boards. The Boards shall be placed within Retailer's stores in e locofion mutually agreeable to the parties, but in any event ir: an area readily viewable by Retailer's cusinmers. 2. Term. The term _=haft commence on the date of the execution of ;his Agreement, shall continue thereafter for an inifia) term of three 131 years. This Agreement shall be automatically renewed for additional one 11 }year terms unless terminated by either perPy as provided for herein. • 3. Termination. This Agreement may be terminated as follows: a) By either parry via written notice b the other party al least thirty !301 days prier to the expiration of the initial term of this Agreement or any renewal term hereeF, (61 By Petailer upon Life Media's failure to substanfially perform its duties Hereunder, upon prior written notice to Life Media and ! ife Media's failure te_cure within sixiv~ Ib01 days of receiving said notice; or Id By Life M~ia al any rime and for am.~ r~=_en or ne reason, upon sixny oG; days wiritlen rarice ro Retailer. 4. Maintenance of Equipment Repairs. Life Media shall be responsible fora«angirg for the maintenance and servicing of the Boards and related epuipmeni, P.et,iler shat! notify Lfe f/redio irrm dio~ i upon dis every of ory malfunriion ar the Boards, and L ~fe !Medic shall arrange to have the Beard; or realm egoi, m nl reea~r d v,tthin no 12j business Boys of receiving such notice. Retailer unders'a rds and acknowledges ihd I if-~ P.4edia has canhac+ual, re!atiansh p v~th AP, Ioc I"'Servicer''1 to provide mainte Hance and repair services for the Boards, and Retailer shall grant io Serncer cuff{dent acces_= is allow Servicer to service, maintain and report the ~x~s TMthir f.^,~y*iv ~GSI cuss aGer the rornmolicn of th ~, ,.~ ~_ent ar c~ov awl -, raiq Lid t`J+sdio <_holl r~rmn, the Boards from Retailer's premises and shall repair any damage to Retailer's premises caused fly the removal of said Boards. lostalaficn of Boards ~ondition_ Fre. rer`_ The B~ard~ nnaf be io .oed cr RA ar..r's busr~sn a emise> an cr before lv1ac^ ? Sih 2006, or on such laser date as the parties may ngree (the "Insioilaticn Date"1. life P/~edia may terminate or extend the commencement of the term of This Agreement in the event that, al leas) fi$een I15! days poor to the Installation Date, it has not secured commitments from enili and/ar indivtdvai wishing t~ .~dv_rtise an the Boord_. Cre AAedio shall nohO~ Retalee; a .cost f, c,leen. (lAl days prior ;o the Installation Daie c +, i „ee± ~ termrare o- extend trc errrren^-eme-t of the germ of th"rs Agreem=_ni as provided for m this rarnaraph_ • day of 20_, by and Std) ' 6~ Exclusive Right. Ufe Media's right to place the Boards in Retailer's stores in Minnesota shall be on exclusive right. Retailer shalt not .allow arty other individual or entiy to place electronic billboards on its business premises, except for the wine kiosk that ore already placed in store- 7. Liquor Advertising. The. parties. acknowledge that Life Media may display advertisements on the Boards from manufacturers, • distribubrs and/a wholesalers of alcoholic beverages 1"liquor Advertising'). No Liquor Advertising shall bear Retailer's busy ness name, nor shall Retailer accept anything of wlue ham any manufatlurer, distributor or wholesaler of alcohoic beverages in rehxn For displaying the Liquor Advertising in Retailer's store. Amounts received by Life Media from sales of Liquor Advertising shall not be included in calculating ate Commission provided for herein. Retailer acknowledges and agrees that Life Media does not create the content of the Uquor Advertising and is not responsible for ensuring that said content compl'~es wish the provisions of Minnesota Stotvtes and Minnesota Rules pertaining to the advertising of akohol"K beverages. Retailer's Content. The Boards shall display content advertising for Retailer, for communiy events, and for other third part' advertisers as may enter into agreements with Life Media. There shall be no charge to Retailer for advertising content Retailer requests ro have dispk~yed on the Boards. Retailer shall wbmit all content it wishes ro be displayed on the Boards fthe "Reroiler Advertisements°l to life Media at least iwenty#our 124) hours in advance. Life Media shall not be obligated under this Agreement to display more than one I1 j Retailer Advertisements on any Board at one lime. Retailer assumes liabiliy for and agrees to indemnify, defend if requested by Life Media, and hold. Life Media harmless from and against any and all liabilities, losses, damages, penoities, claims, actions, suits, costs, and expenses, including court costs and legal fees, of whatever kind imposed or incurred by or asserted against Life Media in any way relating ro the Retailer Advertisements and/or the content thereof. This provision shall survive expiration or termination of this Agreement. 9. Objectionable Content. If Retailer lends any third party advertising mntent to be objectionable, Retailer shall provide Life Media with written ndice specificoliy identifying the objectionable material and the reasons for Retailer's objection. Within tweny-four 124) hours of receiving said notice, and provided that Retailer's objection is reasonable, Life Media shall remove or modify, to its sole discretion, the objectionable material. 10. Service Premium. Retailer shall be entitled ro receive a service premium from Life Medids (gross) sales of advertising for the Boards, other than sales of liquor advertising (the "Service premium"). The service premium for each calendar month shall be paid on or before the 25th day of the folbwing month. Service premium will be determined and based on the retailer's • Iocationlsj and soles of advertisement for that locationjs), by life Media, Inc. 1 1. Autfrorization. The parfies represent and warrant to each other that theyhave complete and unrestricted powerto enter into this Agreement and that the persons executing this Agreement have been duly authorized to execute the same on their behalf. This Agreement constitutes the legal, valid and binding obligation of each of the ponies in accordance with the terms hereof. 12. Notice. Any notice required to be given hereunder or otherwise by law, shall be in writing and be sent by United States registered or certified mail, postage prepaid and deposited in a United States post office or branch thereof, and addressed to the port' intended at its address set forth below or such other address as it may designate by notice given. Such notice shall be deemed given upon delivery to the past office or branch thereof. RETAILER: LIfE MEDIA: Life Media, Inc. C/o Michael T. Juszczak, President '21 1 Ohms Lane Edina, MN 55439 16121 9245433 C~ 5c~) f 3. Entire Agreement: Modification: Waivers. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral a written, of the parties. There are no warranties, representations or agreements among the parties in connection with the subject matter hereof,, except as set forth w referred to herein. No supplement, modification, waiver or termination of this Agreement or arty provision hereof shall be binding unless executed in writing by the parties to be bound. No waiver • of any of the provisions of this Agreement shall constitute a waiver of any other provision, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. 14. Headings. Section and. subsection headings are not to be considered part of this Agreement, ore included solely for convenience, and ore not intended to be full or accurate descripfions of the content thereof. 15. Counteroarts. This Agreement may be executed in one or more counterparts, each of which shall be deemed do original, but all of which together shall constitute one and the same instrument. 1 b. Severabilily. In the event that any provision of this Agreement conflicts with the law under which it is to be governed, said provision shall be severed from this Agreement without affecting the remaining provisions thereof. 17. Successors and Assgns. Except os otherwise provided for herein, no party may assign this Agreement without the consent of all other parties. All of the terms and provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their (espedive successors, heirs, executors, adminishafors, transferees, and permited assigns. fife Media may assign its rights under this Agreement to any individual or entity which purchases all or substantially all of the assets of fife Media used in the operarion of the Boards and the performance of Life Media's duties under this Agreement. 18. Governing Low. All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by the internal low of the State of Minnesota without giving effect to any choice of law or conflict of law provisions or rules (whether of the State of Minnesota or any other jurisdiction) that v,~ould muse the application of the laws of arty jurisdiction ocher than the State of Minnesota. 19. Parties in Interest. Nothing in this Agreement is intended to confer upon any person, other than the parties hereto and their respective successors and permitted assigns, airy rights or remedies under or by reason of this Agreement, nor is anything in this Agreement intended to relieve or discharge the liability of any other party, nor shall ony provisions hereof give any entity any right of subrogation against or action against any party to this Agreement 20. Survival of Representations and Warranties. All representations and worrarnies made pursuant to this Agreement and all agreements made by the parties pursuant to this Agreement shot! survive the consummation of the transaction or hansactions contemplated by this Agreement 21. Terminoloav. Unless the context hereof clearly requires otherwise, the singular form of ony word shall include the plural and vice versa, and the masculine form of ony word shall include the feminine and vice versa. 22 Mediation. If any dispute or controversy arising out of or in relation to this Agreement cannot be settled by the parties, such dispute or controversy shall be submitted to mediation prior to the commencement of ary litigation relating to such dispute. Unless the parties agree io the contrary the mediation shall be conducted in accordance with the Minnesota Civil Mediation Act. Nothing contained in this section shall require the parties to submit any dispute or controversy to binding arbitration unless the parties agree in writing to submit the specific dispute or controversy to arbitration. • ~~~ THE PARTIES, by their execution hereof, state that tfiey hove read this Agreement, they agree to each and every provision hereof, and. they acknowledge receipt of a mpy hereof. RETAILER: • Signature: Print Name: Title: Addendum -Specific locations 2. 3. 4. 5. 6. 7. 8. 9. 10. • 721 1 OHMS LANE EDINA P/iN 55439 • 6I 2 920 5433 Life Media, Inc. Sid) Hutchinson City Center. • 111 H•ea•n sa~u sE Hvtchroson, MN 55350-2522 320.587-5151/F•s 320.2'i4-4240 TO: Mayor and City Council FROM: John Rodeberg, Director of Public Works Kent Exner, City Engineer RE: Consideration of Accepting Bids for Letting No. 2 Project No. OS-01 (Northeast Trunk Storm Sewer Phase 1) DATE: November 16, 2005 • Attached is the Resolution Accepting Bids and Awazding Contract in regazds to the Letting No. 2 project (Northeast Trunk Storm Sewer Phase 1). Bids were received and opened on Monday, November 14a', at 2:00 PM. The respective bids are as follows: • Juul Contracting $50,654.50 • Rickert Excavating $63,792.50 • DuininckBros.Inc. $84,797.60 The Engineer's opinion of probable cost of construction was $60,200. Upon reviewing the bid data, we believe the apparent low bid is competitive and that the Juul Contracting is prepazed to complete the proposed work per the contract documents. We recommend awarding this project in the amount $50,654.50 to Juul Contracting. cc: Gary Plotz -City Administrator • john Rodeberg - Director of Public Works G]Improvement Projeds~51L02 - OS-02 - NE Tnmk Storm SewertCouncil Memo BiG Award.DOC -Printed on recycled paper - 51~~ RESOLUTION NO. 12852 • RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO.2 PROJECT NO. 05-02 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of: NE Trunk Storm Sewer Phase 1 -construction of stone sewer trunk facilities, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk, landscaping, restoration and appurtenances, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: .Bidder Amount Bid Juul Contracting Company of Hutchinson MN $50,654.50 Rickert Excavating Inc of Brownton MN $63,792.50 Duininck Bros Inc of Prinsburg MN $84,797.60 and whereas, it appears that Juul Contracting Company of Hutchinson MN is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF • HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with Juul Contracting Company of Hutchinson MN, in the amount of $50,654.50 in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the Director of Engineering: 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until. satisfactory completion of the contract. Adopted by the Hutchinson City Council this 22nd day of November 2005. Mayor City Administrator • J`~~ C i TO: Mayor & City Council FROMi John Rodeberg, Director of Public Works Kent Exner, City Engineer RE: Consideration of Purchase of Easement for Drainage/Utilities and Trail Improvements (Kon & Diane Sorensen Property - 930 & 939 Hillcrest Road NE) DATE: November 16 2005 As previously reviewed when discussing the Northeast Trunk Storm Sewer project (Letting No. 2/Project No. OS-02), we have been in the process of attaining an easement for the installation of the proposed improvements within the southerly limits of the Sorensen property at 930 & 939 Hillcrest Road NE. After many meetings and discussions, we believe that the City and the Sorensen's have arrived at a fair and equitable amount for the acquisition of a drainagelutility easement (pemranent), temporary construction easement and trail easement (permauent). Please reference the attached easement sketch and description. Discussions regarding the amount of compensation needed to purchase the varying easement rights ranged from $12,000 to $30,000. Aftet receiving input from a licensed appraiser, Robinson Appraisal & Associates, and reviewing recent easement purchases and bare land sales, we proposed the following. • Drainage/Utility Easement (permanent) 17, 736 SF at approximately $0.68/SF comparable to recent 165 S"'Avenue NW purchase at approximately $0.64/SF • Temporary Construction Easement 5,911 SF at approximately $0.34/SF acceptable amount due to impacts on existing landscaping and access road • Trail Easement (permanent) 17,736 SF at approximately $0.34/SF acceptable amount due to potential perceived "encroachment" onto property • Total Easement Acquisition Costs $12,000 $2,000 $6,000 $20,000 Kon Sorensen has verbally approved this agreement. Upon receiving Council's approval, we will prepare the actual easement documents for signatures and then compensate the Sorensen's accordingly. These costs will be allocated to the above referenced project and will be drawn from the Stomnvater Utility Fund. We recommend that this Purchase otEasemeotfor Drainage/Udlitles and Trail Improvements be approved in the amount of $20,000. cc: Gary Plotz -City Admi~dstrator 5~~~ ~z`~ SKETCH AND DESCRIPTION FOR THE CITY OF HUTCHINSON DESCRIPTION ~~ ~ A Psmamnt Easement over. uMar and acrm! Mat part of Ma Eolf HaH of tM Nomheasf Wanar of Secton 31, Torrohp 117 NorM. Rome 29 Wan McLeod County, Mbnseofa, dexrlDetl as fodowa: ~ [)~ \' Commemim at the nslheaal cormr of aab NorlMml Wster: Marne souMarly, atom iM east ens of la10 NonMaaf Ouslar to 1M neriMaaf corner Q ~'j of WALMJT RIDGE ESTATES, aecsdln9 to Me recorded Dbf 1Mrea/ and 11w Dolnl of bsglnnMq of NW waenwnl m M GStrroad: Ihame refuminq QV ~ M mrfheNY. along aab coat Ilna 3000 fast: thence waeterlY• Dsallal wIM fM rrorM Ilm e/ sdd WALNUT RIDGE ESTATES and DsWbl wllh Ilro mrlh IIM of ^ Z WALNUT RIDGE TOWN1011sE5, acordlnq le IM rsaoMd Dla1 1Mroof, N the soar Ilm of Laf 8 of IM Audllss Pbi of IM South MoM of Sectlon 30 afM n G~ Iha Nonll Nulf of Sx1NU 31, TanroNW I IT NW tli, Ruma P8 Wnl, accmdM9 fo Iha maD on Rk aM N neerd In Me e}fks of Ihs Ceunry Mcorder, ,(7 /~ ~\ McLeod County, Minnesota; Ihenu soufheFlY, along sob aaaf Ilna of Lot 6 a dlafema a1 3DAD feet to iM norM Ilm o1 sold WALNUT RDGE Imo` w TOWNHOUSES: Ihsnce eosferh, glom fha nsih Ilne of aald WALNUT RDGE TOWNNOI15E3 and abm IM north Nm of sob WALNUT RIDGE ESTATES N I R f Q' /~~ • ~~ ~ the Doinf of baplnnim. \0 (7 e~ ~~ Beln9 a part of Lot T o! sob AUdlroo Plof of !ha Somh tbH of Secton 3D and fha North HaN of SseHOn 31, Tornshp 117 Noreh, Rome E9 Wnf. I ~} N Q R~ Also, a Temporary Conafrucfron Easement over, antler and acrov that purl of fha Easf Half of fha NorlManf Warta of Sectlon 31, TownaMp 117 pt~ QJ ~ ~p_ I (~ ~' North, Ronge 29 WuL McLSOd LOW1L Mbneaofa, tlassroed as follows: _ _ \~/ CF ~ ~ Cemmmdnp m Ms mrtheasf corner of sold Northeast Ouser: thence aoufharly, olonp the eav Ilna of laltl Nvmhemf Warfer to Me mrfheasf corner I b^ of WALNUT RAGE ESTATES, accordlnq fo Me racerMd pbt iMreoT, thence relsnlnq mrIMNY, abnq add east Hm 30.00 Nat to Me Dolnl o} beginning ~' \ sb" I ~/ ~ of the easement ro bs tlescrroed: 1Mnce isnMY• Dsodal wph fM north Ilne of sold WALNUT RIDGE ESTATES antl pmalMl wIM 1M mnh Dm of WALNUT _ t ~~k \ ~• RIDGE TOWNHWSES, occmdim N Me reeodM plat Mlsroof, N the east Ilna of Lor 6 of Iha Auditors Pbt of Ma Seulh HaN o} Sectlon 30 orb IM Narih ~^ Y Holl of Seafion 31, Towmhlp 117 NsM. Forego 29 Wno aceerdim N fM map on Hls and W record b Ms oMce at 1M CounfY Recorder, McLeod I s~ ^3C ' CeantY, Mlnneaela: IMnce nerlhsrly, alenq sob coat pm M Uf 6 a dlafann of 10.00 Nst: iMme emNrlY, D>alNl lrlM sole mnh Ilm et WALNIJf .b r~ O FO Jr7 l~ ~ ~' RIDGE TOWNHOUSES and psallsl wlih tMlmnA Ilne of aab WALNUT RIDGE ESTATE9 fo Ms aaaf Ilne of sold Nstheeel Ouster: fMme aouMarly olom I jC ~ 1. /` aald aaaf Ilm 10.0D Net to fM Dolnf of Deglnninq• ~ T ,^V4~`(,/ ~ Balnq o pan of Lot 7 of seb Audllss Pluf o} Ma SeuM HaH of Secton 30 and Me Nwlh HaN of SeeNOn 3L Tovnahip 117 NorM, Rama 28 Wuf. ~a j s[a/e /n feel \ ~ ~ r~ ~• LOT 7 _ _ ~ _ sBl.oz _ _ - - - - - T-TEMPORARY CONSTRUCTION EASEMENT AREA • Bel I s fl - - - - LOT 6 D ---- 9E awmr e1 4 '~I'~ awm im. a per a .I uo Tut ~ - ~^ PERMANENT EASEMENT MEA ' 17736 SA fl suo MT as a riY sc sae \., y' R VY Oi eEC !I, L111 X.. R.LB W.~ -- ~_ 5 591.31 ~ , / I r XMn %m e/ WNNUI RDOE E8T1TE9 ~ IE <weI H Hart, nn. el WNMIR RmaE TbMIHOVlES ~ X[ <wIW al I 1 YN.MIr RDaE ElTXR9 WMMUT RDOE TONMDVIES r 1 WALNiT RIDGE TOWNHOUiSES ~ ~ --- I --- "' ~ --~ ~ BLOCK I i 3 o I ' 8 ~ i 2 ---!-----------L------ -- -, I- WALNUT RIDGE ESTATES w ~_ ~ - - - - ~, NORTHWOODS AVENUE ~ ` U (`~ J i BLOCK 4 J = 3 roe No.oBlz3a HUTCNINSCN MM PELLINEN LAND SURVETING C TO: Mayor & City Council FROM: John Rodeberg, Director of Public Works Kent Eisner, City Engineer RE: Improvement Project Change Orders DATE: November 16, 2005 As construction has proceeded on several projects there has been additional work, project scope revisions and construction staging revisions. All of these items have been identified and deemed necessary to satisfactorily complete these projects. The following Change Orders are proposed to address these items: • • Change Order No. 2 -Letting No. 8/Project No. 05-10 -Golf Course Rd NW (additional work) -This Change Order includes additional signage costs to provide replacements of existing signs (stop, street names, weight limit), revise sign installations and provide permanent bamcades at stubs to future streets. Also, included is the material and work necessary to install erosion control blanket around areas deemed to be environmentally sensitive per regulatory standards. Total construction cost increase is $4,400.00. Change Order No. l -Letting No. 6B/ProjeM No. OS-21-Airport Improvements -Jet Fueling (scope revisions & additional work) -This Change Order addresses two matters, re-use of the existing Cardtrol system and installation of a drain file system around the tank location. After determining that the existing Cardtrol system was suitable and compatible for re-use, a credit to the City in the amount of $9,500.00 was negotiated for the exclusion of the proposed new system from the contract work. Upon excavating for the tank concrete foundation pad and the electrical system, it was evident that the area immediately sturounding the proposed tank was saturated with groundwater and required sub-surface drainage to protect against frost heaving. Total construction cost decrease is $7,444.00. We recommend that all of the above Change Orders be approved in the amounts as listed. cc: Gary Plotz -City Administrator 5~~~ t. CHANGE ORDER NO. 2 CITY OF HUTGHINSON -.ENGINEERING DEPARTMENT: 117 HASSAN 5T SE, HUTCHINSON MN 55350 (320) 234.4209 sheet/-oft -~: NTRACTOR: Duininck Bros Inc Letting No. 8 Project No. 05.10 8 6th St, P O Box 208 Prinsbu MN 56281-0208 Project Location: Golf Course Rd NW DESCRIPTION OF CHANGE: 1) Revised installations of existing signs (street names, stop, eight limit, etc.) and installation of permanent barricades at end of stub streets 2) Erosion control blanket installation as required per regulatory standards Dated: 11!1612005 Item No. Spec. Ref. Item Name Unit Quantity Unit Price Amount I NCREASE ITEMS: CATEGORY: 7 TURF ESTABLISHMENT 2575.523 EROSION CONTROL BLANKET (Indudes 10% P 8 O $800.00 + $80.00) SY 500 $1.76 $880.00 CATEGORY: 6 TRAFFIC 2564.531 F & I SIGN PANELS TYPE C & BARRICADES (InGudes 10% P & O $444.00 + $44.40) LUMP SUM 1.0 $3,520.00 $3,520.00 TOTAL INCREASE ITEMS $4,400.00 NET INCREASE ---•-----------------------'---------------------------~ $4,400.00 In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $4,400.00 (add An extension of -0-days shall be allowed for completion. The original completion date shall not be changed. ORIGINAL '.CONTRACT AMOUNT PREVIOUS ADDITIONSlDEDUCTIONS THIS ADDITIONl9€BUCTION TOTAL $1,487,683.72 $8,157.40 $4,400.00 $1,500,241.12 APPROVED: Contractor DATED: APPROVED: Mayor DATED: 11/22/2005 PPROVED: Director of Engineering DATED: 11/22/2005 APPROVED: City Administrator DATED: 11/22/2005 L ~f) - ~~~ ~~~ ~~,h ~ ,. ~~a y~`u~ J & .1 Services 20749 Vale Avenue ~IlltChl~~p, MIti 55350 (home) 320-234-6110 (cell) 3:?0-583-4968 (fax) .3:.~0-234-3457 Proposal for: Golf Course Rd / 5`~ Ave ,, ~ ~,~ _ ~;~ This proposal is for the delivery and installation by J & J Services of the eros~otr, , ,n~trol materials listed below. Any additional or lesser quantities will be biped ac~;o 91ir t t~a the Eu t prices listed below. Proposed Installation uantity Unit Price ;~ r~.:g:„ . Erosion control blanket (Cat. 3) SY 51.60 $ _~~~ TOTAL $ Please call with any cares or concerns. If this proposal is acceptable, please sign below and fax or mail tc J t+i J Se ~ :e ; Submitted by -__-- Date --___-- - - _ _ - Authorized by __ Date _._ _ • 5~f~ DUININCK BROS PAVIPVG THE WAY FOR AMERICA October 31, 2005 Mr. Kent ESmer City Engineer 111 Hassan Street SH Hutchinsory MN 55350-2522 Re: Golf Courae Road, Letting No. 8 Hxtra Signing Dear Kent: Please find enclosed a quote from Geyer Signal to do the revised signage on Golf Course Road. Please issue a Work Order to cover the changes. _... __._.. _. _ _.. _Reinstall & install signing as per revised plan sheets 379 and 42. (Rev. date of 10-06. 05.) $1,250.00 plus 10% Prime Markup = $1,375.00 Permanent Barricades $1,950.00 plus 10% Prime Markup =$2,145.00 • Total for Change Order = $3,520.00 Thank you, C Chris Duininck Duininck Bros, Inc. cc. DBI Office File Jon Kennedy, DBI Hutchinson • DUININCK BROS., INC., 408 6TH STREET, P.O. BOX 206, PRINSBURG, MINNESOTA 56281-0208 TELEPHONE (320) 978-6071 M Equaf Opporiwuty Employer _ ~cf~ OCT.28.2066 1~49PM GEYE32 SIGNFlL TO~DUININCK EROS CLOSEp ., N0.821 P.1/3 Tall Free: 877-980,9005 Website: wwwgeyersignal.c~m 4205 Roosevelt Road, St. Cloud, MN 56301 (320) 263-9005 FAX: (320) 654-6884 October 28'", 2005 Traffic Canhol Quotation IMP PROJECT #05-90 GOLF COURSE ROAp LETTING # 8 CITY OF tilll'CHINSON DUNiNICK EROS Reinstall & Install singing as per fax a#ached . $1,2.50.00 lump sum, tax included Permanent Baflcadas 6 ea x 325A0 = $4.950.00 All other C & D sq ft prices would remain th® same. Kevin Kissner Home Phone (320) 268 -4607 or 250010 ~~ G~ ~s my of meM~rt or 6fENBEA OF :,rnCnacm~ ~,^~ YC~,~~ CITY OP ITUTCI~ISON LE'ITAVO # 8 GULF BILOAU PERM SiGNING.doc Traffic Control Signing .Pavement Marking Removal .Temporary Striping .Permanent Signing ~Cf~ CHANGE OF w., ° CITY CIF HUTCHINSON - ENi ` ~ " 141 HASSAN ST SE, HUTCHINSC NTRACTOR: Westmor Industries, LLC. Box 663 Mortis, MN 56267 DESCRIPTION OF CHANGE: 1) Re-use of existing Cardtrol system vslem around tank location ;DER NO. 1 31NEERING DEPARTMENT N 'MN 55350 (320) 234-4209 Sheet t of 1 Letting No. 66 Project No. 05-21 Project Location: Airport Improvements -Jet Fueling 2) Installation of drain file 1 II Item No.II Spec. Ref.II Item Name ~~ Unit ~~ OuantityJl Unk Price II Amount I~ INCREASE ITEMS: INSTALLATION OF DRAIN TILE SYSTEM LUMP SUM 1.0 $2,056.00 $2,056.00 DECREASE ITEMS: RE-USE OF EXISTING CARDTROL SYSTEM LUMP SUM 1.0 ($9,500.00) ($9;500.00) INCREASE ITEMS NET INCREASE ----------___--°------ ----------------------- II lar,ww.uv/I In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $7,440.00 (deduct).- An extension of -0-days shall be allowed for completion. The original completion date shall not be changed. ORIGINAL 'CONTRACT PREVIOUS ADDITIONS{DEDUCTIONS THIS ADDITION/8€BU6T19N TOTAL. AMOUNT 3146,759.00 $11.00 ($7,444.00) $139,315.00 PPROVED: APPROVED: Contractor Mayor DATED: DATED: 11/22!2005 aaaRnvFn APPROVED: __ Director of Engineering 11 /22/2005 City Administrator 11!2212005 • ~f~ -s~'~V-14-05 MON 11 40 A11 WES/TMORfNDUSTRIES\ FAX N0, 3205892206 P 02 _._::i .~ `'~ E 5T M O R,NDUSTR1ES l,1_C \` ,..~ . ..Jr, CHANGE ORDER ~ a»~ FuN _. ..--. I luichlnson M~~i~lw?al Air a I•lulchlnron MN Fuelin Im rovcmentc N~:nt: JNI l Ol.:llnn _..•.-. I P L ~ P Nlniihfl W `.abw,n,~n? JImS 114u pl Csi!:IiOy <Onlrp[I 91,~t)Q$ - - ARDTI'20L SYSTEM UPI)uCl`fl;i)U~OfaGIVAL~FXIS'1'ING CONTRACT FOR C $ _ UUf~A~ [XISIYN(s SVSTFM T`O BE USED ~..__ ~ - 1/~11<t.N $ 9,500.00 . nl)D lYa L)IG IN SUPCa:VfilOPl l~nnCKV:ILLTII.F.WII'HROGK3ADDEDPROJFCT lM[~' $ $ 2,058.00 _ $ - $ - $ - $ - $ ._ ..r ~ -- . .~. ....._ .._,........__._...._._.....,_...-._..__-._.._--._.._.~.._._.._ $ - $ - F~IU: Tait. ICV,Gbq bOCOmoG pBfl or, anu In wmorrnancu wnn, u,u uais.n„y s...uu,.~.. C>~rlc: 11 ....................~._.._..~-,..._.._.._._.._..._~_v-....~._._-.~~._~~_. - A(iRE~ Hereby to make chan0ed as specified above, al this price WF: $ (7,044.00) • PREVIOUS CONTRACT /1~1200;i .m_____-.._,_.-___..___._.....-_.._ .-.._~ AMOUNT - $ 146,759.00 - ~ '- REVISED CONTRACT TOTAL . $ 139,315,00 AS;CGPl Ei[i: l'he above prices and specifications of this Change Order are saflistaclory and are I ierby accepted; NI work to be performed wider saute terms and conditions as specified In the • nrif;iu,~1 cr?ntr.+cl unle.^>s otherwise stipulated. Dntu_. ~~ /~~'~C5 Signalure_,.,.(~~/ ..___f -_.-°--- C .~~~ ORDINANCE NO.OS-0421 • AN ORDINANCE GRANTING AUTHORITY TO THE HUTCHINSON POLICE DEPARTMENT TO OBTAIN CRIMINAL HISTORY INFORMATION ON APPLICANTS FOR POSITIONS WITH THE CITY OF HUTCHINSON AND APPLICANTS FOR CITY LICENSES Purpose. It may be desirable and useful in certain situations to obtain criminal history information in connection on applicants for employment with the City of Hutchinson in certain City operations and is required of many applicants for licenses from the City. 2. Background Investigations. Hutchinson Police Services hereby is authorized to conduct a criminal history background investigation on applicants for positions with the City of Hutchinson and applicants for various licenses. Before the investigation is undertaken, the applicant must authorized the City of Hutchinson and/or Hutchinson Police Services in writing to undertake the investigation and to release the information to the City Council, City Administrator and any other city staff as appropriate. Except in the case of exceptions set forth in Minnesota Statute §364.09, should the City reject the applicant's request for employment due partially or solely to the applicant's prior conviction of a crime, the City Administrator shall notify the applicant in writing of the following: • a. The grounds and reasons for the denial. b. The applicant complaint and grievance procedure set forth in Minnesota Statute §364.06. c. The eazliest date the applicant may reapply for employment. d. That all competent evidence of rehabilitation will be reconsidered upon reapplication. 3. Background Information. Information obtained may include but is not limited to: 1) status and history of driver's licenses for candidates who may be responsible for operating City vehicles or receiving City reimbursement for. operating an owned vehicle; 2) background check and criminal history check through fingerprints to determine whether a candidate who may have substantial contact with juveniles is a subject of any reported conviction of child protection background check act crimes; 3) Federal background screening, investigation, State and National Arrest and Fugitive record checks, and State and National III Record Checks by fmgerprints from candidates who would have access to operate, program, effectuate access to National Crime Information Center (NCIC) terminal or initiate transmission of NCIC information; 4) criminal history information contained in the Minnesota Criminal Justice Information System (CJIS). 4. Disqualification. No person shall be disqualified from employment with the City of Hutchinson solely or in part because of prior conviction of a crime or crimes -unless • the crime or crimes for which convicted directly relate to the position of employment sought. In determining if a conviction directly related to position of public ~(~~ employment sought, the hiring authority shall consider the requirements of Minnesota • Statute §364. If the individual refuses to give consent for this information, such individual will be disqualified from employment or service with the City of Hutchinson. Applicants for City licenses. Hutchinson Police Services is hereby authorized to conduct background investigations as set forth in this ordinance on applicants for licenses under Hutchinson City Code Chapters 111 Peddlers & Solicitors, 112 Liquor, 114 Amusements, 120 Pawnbrokers, 121 Sexually Oriented Businesses and other licenses for which the Hutchinson City Council may deem background checks to be proper. Adopted by the City Council this 22"d day of November, 2005. Attest: Gary D. Plotz, City Administrator Steven W. Cook, Mayor ~~~~ C • Hutchinson City Center 111 A^ssan Sueet SE Hutc6maon, MN 55350.2522 320.5875151/F'ax 320.2.'i4-4240 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Public Works Kent Exner, City Engineer RE: Consideration of Agreements with the State of Minnesota for Construction on Highway 7/15/22 ^ Detour Agreement (Mn/DOT Agreement No. 88758) ^ Cooperative Construction Agreement (Mn/DOT Agreement No. 88803) ^ Traffic Control Signal Agreement (Mn/DOT Agreement No. 88804R) DATE: November 16, 2005 The above three agreements are required to be approved by the City of Hutchinson in order to proceed with the next steps ofthe project. These agreements were prepared by the State ofMinnesota • -Department of Transportation (Mn/DOT). The Traffic Control Signal Agreement has alreadybeen approved by McLeod County, and the Cooperative Construction Agreement has been revised following several meetings and discussions over the last couple of weeks (we hope to have a final draft ready for the packet, but expect a executable copy to be ready by the Council meeting). Also attached aze three resolutions noting our support of these agreements. Although we have expressed concern regarding some ofthe wording in the agreements that appeaz to limit the City's ability to control acceptance of work under the contract, we understand the contractual and statutory reason for the wording. We also acknowledge that Mn/DOT does not desire, or has any incentive, to approve defective work under a state highway. Overall, we are comfortable with the wording as noted. Following completion of the requested revisions to the Cooperative Construction Agreement, a revised City estimate will be prepazed by Mn/DOT. We will prepaze an updated cost and schedule for presentation at the Council meeting. As previously noted, any delays in the approval of these agreements has the potential for finther delaying the project. The bid opening has just been rescheduled from late December to January 27th, primarily due to the status of the property acquisition. Any further delays will put the project in jeopazdy (higher costs, limited contractor pool, unfeasible timelines). We recommend approval of the three agreements and the related Resolutions. r L Ainmd on recycled paper - _ / ~ \ CITY OF HUTCHINSON ~! RESOLUTION 12843 IT IS RESOLVED that the City of Hutchinson enter into Mn/DOT Agreement No. 88758 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City for the use and maintenance of Adams Street, Sm Avenue, Golf Course Road, McLeod Avenue, School Road, 6th Avenue, Washington Avenue, and Water Street as a four-stage detour mute during the grading, surfacing, cum & gutter, sidewalk, storm sewer, lighting, signals, and Bridge No. 43016 construction and other associated construction to be~performed upon, along and adjacent to Trunk Highway No. 7/22 from Shad Ridge Road to 5 Avenue N.E. and on Trunk Highway No. 15 from 2°d Avenue N.W. to 5 Avenue N.W. under State Project No. 4302-44 (T.H. 7=119). 1T IS FURTHER RESOLVED that the Mayor and the are mue) authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Hutchinson at an authorized meeting held on the day of 2005, as shown by the minutes of the meeting in my possession. +s+gnaeae) Subscribed and sworn to before me this day of - , 2005 Notary Public My Commission Expires .~ ~ , ~~~ti .;,0 .•2 .;.1` CCype or Ria[ Name) rnue). ~~.~) PRELETTING SERVICES SECTION STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION DETOUR AGREEMENT Mn/DOT AGREEMENT N0. 88758 S.P. 4302-44 S.P. 4304-51 S.P. 4308-25 S.P. 4308-31 Fed. Proj. No State Funds The State of Minnesota Department of Transportation, and The City of Hutchinsoa Re: Compensation for road .life consumed by the T.H. 7 detour . and maintenance of the detour (T.H. 7=119) (T.H. 15=151) (T.H. 22=22) (T.H. 22=22) . STP 4301(012) ORIGINAL AMOUNT ENCUMBERED 540,386.14 AMOUNT RECEIVABLE (None) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Hutchinson, Minnesota, acting by and through its City Council, hereinafter referred to as the "City." • 1 ~~ 88758 • WHEREAS, the State is about to perform grading, surfacing, curb ,and gutter, sidewalk, storm sewer, lighting, signals, and Bridge No. 43016 construction and other associated construction upon, along and adjacent to Trunk Highway No. 7/22 from Shady Ridge Road to 5`" Avenue N.E, and on Trunk Highway No. 15 from 2"° Avenue N.W. to 5t° .Avenue N.W. in accordance with State plans, specifications and special provisions designated as State Projects No. 4302-44 (T.H. 7=119), No. 4304-51 (T.H. 15=151), No. 4308-25 (T.H. 22=22), No. 4308-31 (T.H. 22=22), and in the records of the Federal Highway Administration as Minnesota Project STP 4301(012); and WHEREAS, a four-stage detour will be required to carry Trunk Highway No. 7 traffic on City streets during the contract construction; and WHEREAS, Minnesota Statutes Section 161.25 authorizes the Commissioner of Transportation to designate by order, any public street or highway as a temporary trunk highway detour when it is • determined that such detour is necessary for the purpose of constructing or maintaining any trunk highway, and the detour shall thereafter be maintained as a temporary trunk highway until the designation is revoked; and WHEREAS, the State is willing to reimburse the City for the road life consumed by the detour as hereinafter set forth, such reimbursement to be based on the income determined by .the "Gas Tax .Method" as set forth in the Detour Management Study Final Report dated January 1991; and WHEREAS, at the request of the State, the City is willing to cause its forces to maintain that portion of the Trunk Highway No: 7 detour which is on City streets, and the State will reimburse the City for such maintenance as hereinafter set forth; and • 2 g~~ 88758 • WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes .the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, M[7TIIALLY AGREED AS FOLLOPIS z ARTICLE I - DETOIIR Sectioa A. Locatioa STAGE 1 Those portions of the Trunk Highway No. 7 detour that utilize City. streets are on McLeod Avenue from Trunk Highway No. 15 easterly for 0.19 miles to 6`" Avenue N.E., and on 6`~ Avenue N.E. from McLeod Avenue easterly for 0.19 miles to County State Aid Highway No. 7 (Bluff Street), and on 5" Avenue N.E. from County State Aid Highway . No. 7 (Bluff Street) to Trunk Highway No. 7. STAGE 2A .Those portions of the Trunk Highway No. 7 detour that utilize City streets are on Water Street from Trunk Highway No. 7/22 northerly for 0.13 miles to 5"' Avenue N.W., and on 5"` Avenue N.W. from Water Street easterly for 0.46 miles to Trunk Highway No. 15, and on McLeod Avenue from Trunk Highway No. 7 easterly for 0.19 miles to 6`~ Avenue N.E., and on 6`" Avenue N.E. from McLeod Avenue easterly for 0.19 miles to County State Aid Highway No. 7 (Bluff Street), and on Adams Street from Trunk Highway No. 7 southerly 0.22. miles to Washington Avenue, and on Washington Avenue from Adams Street westerly 0.20 miles Trunk Highway No. 15. STAGE 28 Those portions of the Trunk Highway No. 7 detour that utilize .City • streets are on Golf Course Road from Trunk Highway No. 7/22 northerly 3 g~~~ 88758 • for 0.21 miles to 5C° Avenue N.W., and on 5`" Avenue N.W. from Golf Course Road easterly for 0.73 miles to Trunk Highway No. 15, and on McLeod Avenue from Trunk Highway No. 7 easterly for 0.19 miles to 6"` Avenue N.E., and on 6`" Avenue N.E. from McLeod Avenue easterly for 0.19 miles to County State Aid Highway No. 7 (Bluff Street), and on Adams Street from Trunk Highway No. 7 southerly 0.22 miles to Washington Avenue, and on Washington Avenue from Adams Street westerly 0.20 miles Trunk Highway No. I5. STAGE 3 Those portions of the Trunk Highway No. 7 detour that utilize City streets are on School Road from Trunk Highway No. 7/27 northerly for 0.78 miles to Golf Course Road, and on Golf Course Road from School Road easterly for 0.77 miles. to Water Street, and on Water Street from 5`" Avenue N.W. southerly for 0.13 miles. • Section 8. Axle Loads and Over-Dimeasioa Loads The City shall permit 10-ton axle loads on that portion of the Trunk Highway No. 7 detour that is on City streets. Over-dimension loads will not be permitted except in cases of extreme-emergency: Sectioa C. Traffic Control Devices The State may install, maintain and remove any traffic control devices it considers necessary to properly control the detoured traffic. Roadway markings, such as the centerline, edge lines and necessary messages, may be painted by the State. Section D. Maiatenance The City will cause its forces to maintain that portion of the Trunk Highway No. 7 detour that is on City streets, and furnish all necessary labor and materials, to the satisfaction of the State's District Maintenance Engineer at Willmar. • 4 ~~~ 88758 • Section E Citv~s Failure to Adequately Maintain If the City fails to properly and adequately', maintain the Trunk Highway No: 7 detour as provided in Section D. of this article, of which failure the State shall be the sole judge, the State may perform such work or cause it to be performed, as the State's District Maintenance Engineer considers necessary, to properly and adequately maintain the Trunk Highway No. 7 detour. The State may retain the cost of such maintenance from any moneys then due, or thereafter becoming due, to the City under this agreement. This. paragraph shall not be construed to relinquish any rights of action that may accrue on behalf of the State against the City for any breach of agreement. Section F. Duration The Trunk Highway No. 7 detour stages will each begin on the date the State designates same as a detour by the placement of signs thereon and will cease when such signing is removed by the State. The State • shall provide the City with advance written notification identifying the dates that the State intends to place and remove the detour signing. ARTICLB II - HASI3 OF STATE COST Section A. Gas Tax Method The "Gas Tax Method" formula, as set forth in the Detour Management Study Final Report dated January 1991, multiplies the Combined Tax Factor per mile times the Average Daily Traffic count times the City road length in miles times the duration of the detour in days to determine the State's cost for the road life consumed by the detour. Section S Equivalent Overlav Method The City has the option of doing an "Equivalent Overlay Method" analysis, the procedure for which is set forth in the Detour Management Study Final Report dated January 1991. A State-approved • 5 ~~ 88758 . firm, at no cost or expense to the State, must perform testing and' analysis. The City shall keep records and accounts that enable it to verify any claim that it might bring against the State for additional State costs using the "Equivalent Overlay Method." Section C. Maiateaaace The State's cost for maintenance of the Trunk Highway No. 7 detour shall be based on the "Gas Tax Method" formula as stated in Section A. of this article. Since the City streets are not designed to support 10-ton axle loads, additional maintenance can be expected. The State's cost for maintenance of the Trunk Highway No. 7 detour .shall be equal to the "Gas Tax Method" amount plus 15 percent for additional maintenance. ARTICLE III - PAYLO;NT OF STATE COST • It is estimated that. the State's cost for -the road life consumed by Stage 1 of the Trunk Highway No. 7 detour is $529.95, based on a Combined Tax Factor of 0.00392, an Average Daily Traffic count of 8,900 vehicles diverted from Trunk Highway No. 7, a City road length of 0.49 miles and an estimated detour duration of 31 days. It is estimated that the State's cost for the road life consumed by Stage 2A of the Trunk Highway No. 7 detour is $10,337.46, based on a Combined Tax Factor of 0.00392, an Average Daily Traffic count of 12,400 vehicles diverted from Trunk Highway No. 7, a City road length of 1.39 miles and an estimated detour duration of 153 days. It is estimated that the State's cost for the road life consumed by Stage 2B of the Trunk Highway No. 7 detour is $4,228.90, based on a Combined Tax Factor of 0.00392, an Average Daily Traffic count of 6 B~~ 88758 • 12,400,-vehicles diverted from Trunk Highway No. 7, a City road length of 1.74 miles and an estimated detour duration of 50 days. It is estimated that the State's cost for the road life consumed by Stage 3 of-the Trunk Highway No. 7 detour is $3,687.94, based on a Combined Tax Factor of 0.00392, an Average Daily Traffic count of 11,200 vehicles diverted from Trunk Highway No. 7, a City road length of 1.68 miles and an estimated detour duration of 50 days. The State's payment for the road life consumed for each stage of the Trunk Highway No. 7 detour is equal to the amount computed by using the "Gas Tax Method" formula plus any amount determined by using the "Equivalent Overlay Method" analysis that is in excess of twice the "Gas Tax Method" amount.. It is estimated that the State's cost for maintenance of Stage 1 of the Trunk Highway No. 7 detour is $609.44 (the "Gas Tax Method" • amount of $529.95 plus $79.49, which is 15 percent of the "Gas Tax Method" amount). It is estimated that the State's cost for maintenance of Stage 2 of the Trunk Highway No. 7 detour is $11,888.08 (the "Gas Tax Method" amount of $10,337.46 plus $1550.62, which is 15 percent of the "Gas Tax Method" amount). It is estimated that the State's cost for maintenance of Stage 28 of the Trunk Highway No. 7 detour is $4,863.24 (the "Gas Tax Method" amount of $4,228.90 plus $634.34, which is 15 percent of-the "Gas Tax Method" amount). It is estimated that the State's cost for maintenance of Stage 3 of the Trunk Highway No. 7 detour is $4,241.13 (the "Gas Tax Method" 7 lam) 88758 • amount of $3,687.94 plus $553.19, which is 15 percent of the "Gas Tax Method° amount). The State may retain the cost of State performed maintenance, as provided for in Article I, Section E. of this Agreement, .from any moneys then due, or thereafter becoming due, to the City under this Agreement. The State's estimated total payment amount for road life and maintenance is $40,386.14 and is based on the sum of all the stages of the road life consumed by the Trunk Highway No. 7 detour and maintenance of the detour. The State shall pay to the City the State's total road life and maintenance payment amount, however, the maximum obligation of the State under this Agreement shall not exceed $80,000.00, unless the • maximum obligation is increased by execution of an amendment to-this Agreement. Payment shall be made after the following conditions have been met: A. Execution and approval of this Agreement and the State's transmittal of it to the City. B. .Encumbrance by the State of the State's total road life and maintenance payment amount. C. Removal of State signing in accordance with Article I, Section F. of this Agreement. D. Notification by the State to the City that the detour signing has been removed, and the number of days the detour was in effect. E. Receipt by the State of a written request from the City, signed • by the State District Engineer's- duly authorized representative, e ~~ 88758 • for the payment of the State's total road life and maintenance payment amount. ARTICLE IV - GF'**F'Rar• PROVISIONS Section A. Road Restoratioa The City, by accepting the State's road life and maintenance payment plan and total payment amount, does hereby release.the State of its obligation, pursuant to Minnesota Statutes Section 161.25, to restore the City streets used as a Trunk Highway No. 7 detour to as good a condition as existed before the routing of the detour traffic thereon. Section 8. Termination of Agreement Each party may terminate this Agreement, with or without cause, by providing the other party with written or fax notice of effective date of termination. The State is not obligated to pay for services performed after notice and effective date of termination. Upon. such • termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered under this Agreement. Termination must be by written or fax notice to the City. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination, to the extent the funds are available. 9 g~~ sa75a • Section C Examination of Sooks, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. Section D. Agreement Ao~roval Before this Agreement becomes binding and effective, it shall be approved by a City Board of Commissioners resolution and executed by such State and City officers as the law may provide in addition to the Commissioner of Transportation or their authorized representative. ARTICLE V - AIITHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this .Agreement is Maryanne Kelly-Sonnek, Municipal Agreements • Engineer, or her successor. Her Current address and phone number is 395 John Ireland Boulevard, Mail Stop 682, St. Paul, MN 55155, (651) 296-0969. The City's Authorized Agent for the purpose of the administration of this Agreement is Gary Plotz, City Administrator, or his successor. His current address and phone number is 111 Hassan Street NE, Hutchinson, MN 55350-2552, (320) 587-5151. 10 ~"") 88758 ~N TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Sta t. 53 16A.15 and 16C.05. By Date MAPS Encumbrance No. CITY OF HVTCHINSON BY Title ate By Title Date DEPARTMENT OF TRANSPORTATION Approved: By District Engineer Approved as to fozm and execution: By Contract Management Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date 11 5 ~~~~ ,~,w CITY OF HUTCHINSON RESOLUTION 12853 1T IS RESOLVED that the City of Hutchinson enter into Mn/DOT Agreement No. 88803-R with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State of the City's share of the costs of the roadway, utilities, sidewalk and lighting construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 7/22 from Shady Ridge Road to 5th Avenue North East and upon, along and adjacent to Trunk Highway No. 15 from 2nd Avenue to 5th Avenue within the corporate City limits under State Project No. 4302-44. IT IS FURTHER RESOLVED that the Mayor and the are rr;~> authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council • of the City of Hutchinson at an authorized meeting held on the day of 2005,.as shown by the minutes ofthe meeting in my possession. • Subscribed and sworn to before me this day of , 2005 Notary Public My Commission Expires ~. ~. ~,~.>~4~ ~ :~• (si~awre) frra wPrint Nude) (Title) g~~ PRE-LETTING STATE OF MINNESOTA SERVICES DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION AGREEMENT 4 J The State of Minnesota Department of Transportation, and The City of Hutchinson Re: City cost roadway, sidewalk, lighting and City-owned utility construction by the State on T.H. 7/22 and T.H. 15 Mn/DOT AGREEMENT NO. 88803-R S.P S.P S.P S.P S.P Fed 4302-44 (T.H. 4304-51 (T.H. 4308-25 (T.H. 4308-31 (T.H. 4304-43016 Proj. STPX 43 7=119) 15=151) 22=22) 22=22) O1 .(012) AMOUNT ENCUMBERED (None) ESTIMATED AMOUNT RECEIVABLE $3,853,763.40 THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Hutchinson, Minnesota, acting by and • through its City Council, hereinafter referred to as the "City". i 8~~ 88803-R • WHEREAS, the State i b t o p~f ~r~Kng, bituminous and concrete surfacing, b d g sidewalk, landscaping, retaining wall, storm sewer, for wa er treatment pond, lighting and Bridge No. 43016 construction and other associated construction upon, along and adjacent to Trunk Highway No. 7/22 from Shady Ridge Road to 5th Avenue North East and upon, along and adjacent to Trunk Highway No. 15 from 2nd Avenue to 5th Avenue within the corporate City limits in accordance with State plans, specifications and special provisions designated as State Project No. 4302-44 (T.H. 7=119), No. 4304-51 (T.H. 15=151), No. 4308-25 (T.H. 22=22) and No. 4308-31 (T.H. 22=22); and in the records of the Federal Highway Administration as Minnesota Project STPX 4301 (012); and WHEREAS, at the request of the City, the State included in its. contract frontage road, City street, sidewalk, aesthetic concrete walk,. aesthetic lighting, water main and sanitary sewer construction to be performed upon, along and adjacent to Trunk Highway No. 7/22; and WHEREAS, the City requested that it perform certain aspects of the construction engineering in connection with the water main and sanitary sewer construction and the State concurs in that request; and WHEREAS, the City has expressed its willingness to participate in the costs of the frontage road, City street, sidewalk, aesthetic concrete walk, aesthetic lighting, water main and sanitary sewer construction and associated State performed construction engineering as hereinafter set forth; and z gCJ 88803-R • WHEREAS, the City` $200,000.00 as the '~1 5D~ 41 t in the amount of along Trunk No .,// ~'l i and of continuous standard lighting WHEREAS, the City will be required to revoke the designation of 5th Avenue North East as a state-aid route upon the closure of its access to Trunk Highway No. 7 and pay back state-aid funds expended for its improvement based on the remaining life of the State Aid Project in which the improvements were made; and WHERAS, the State has agreed to credit the City a lump sum in the amount of $10,124.00 for the remaining value of improvements made to Sth Avenue North East with state-aid funds as hereinafter set forth; and • WHEREAS, in connection with the State contract, the value of the City right-of-way used for storm water treatment pond construction will be applied and considered equal to the City's share of the cooperative construction and right-of-way costs for the. storm water treatment ponds; and WHEREAS, in connection with the State contract, traffic control signal and interconnect construction and maintenance will be covered under Agreement No. 88804 between the State, the City and McLeod County; and WHEREAS, in connection with the State contract, compensation for road life consumed by the Trunk Highway No. 7/22 detours. will be provided for under Agreement No. 88758 between the State and the City and Agreement No. 88759 between the State and McLeod County; and ~~ 3 ~) 88803-R WHEREAS, the Commissioner o cooperate with any constructing, s e t~n 1161~.2~subdivision 2 authorizes r at' o make arrangements with and e tal authority for the purpose of and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - RESPONSIBILITIES OF THE 3TATE Section A. Contract Award The State shall advertise for bids and award a construction contract to the lowest responsible bidder for State Project No. 4302-44 (T.H. 7=119) in accordance with State plans, specifications and special provisions which are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are incorporated into this Agreement by reference. Section B. Direction and Supervision of Construction The State shall direct and supervise all construction activities .performed under the construction contract, and, except as provided in Article II hereunder, perform all construction engineering functions in connection with the contract construction. All contract construction shall be performed in compliance with the approved plans, specifications and special provisions. Section C. Plan Changes, Additional Construction, Etc. The State shall make changes in the plans and contract construction, which may include the City cost participation construction covered under this Agreement, and shall enter into any necessary addenda, change orders and supplemental agreements with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. However, the State District Engineer's authorized representative will inform the appropriate City 4 g~~ 88803-R • official of any pr p s d d n a4 c a~ ~ers and supplemental agreements to the o r i n act that will affect the City cost participation ons uc ion covered under this Agreement. The City hereby authorizes the State to enter into, for and on behalf of the City, the change orders and supplemental agreements specified in this paragraph. Section D. Satisfactory Completion of Contract The State shall perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. ARTICLE II - RESPONSIBILITIES OF THE CITY Section A. Construction Engineering Performed by the City The City shall assign its City Engineer or other registered • professional engineer to the construction engineering to be performed The City shall also furnish other personnel, services, supplies and equipment as shall be necessary in order to properly carry on the water main and sanitary sewer construction inspection. in connection with the water main and sanitary sewer construction. The engineer so assigned shall act under the supervision and direction of the State. All construction inspection, control. of materials, staking and associated documentation for the water main and sanitary sewer construction to be performed in accordance with the plans, specifications and special provisions, and in accordance with the recognized and accepted practices and procedures as set forth in various State manuals which includes the State's current "Standard Specifications for Construction" under Specifications No. 1601 through and including No. 1609, shall be the responsibility of the engineer so assigned. • 5 ~~ 88803-R Section 8. Docume~t~t;or~to~Cp.t~f Ex~g1in~e3~Q Construc At regular int s contractor has started the water main and sani ar ewer construction, .the City shall prepare partial estimates of water main and sanitary sewer construction costs in accordance with the terms of the construction contract. Immediately after the preparation of each partial estimate, the City's engineer assigned to the water main and sanitary sewer construction shall submit the partial estimate to the State. The City shall also prepare the final estimate data for the water main and sanitary sewer construction and submit the final estimate to the State. Quantities listed on the partial and final estimates shall be documented in accordance with the guidelines set forth in the applicable documentation manual. ARTICLE III - INSPECTION OF CONSTRUCTION • When the State's contractor has completed the water main and sanitary sewer construction, the City shall inspect it and upon the completion of the inspection advise the State whether or not the water main and sanitary sewer construction performed should be accepted by the State as being performed in a satisfactory manner. If the City should, after the inspection, recommend to the State that it should not accept the water main and sanitary sewer construction, then the City shall, at the time such recommendation is made, identify the specific defects in the water main and sanitary sewer construction and the reasons why the water main and sanitary sewer construction should not be accepted. Any recommendations made by the City are not binding on the State. The State shall have the right to determine whether or not the water main and sanitary sewer construction has been acceptably performed and the right to accept or reject the water main and sanitary sewer construction. 6 ~) 88803-R • The remainder. of t e C t c t p~t t construction covered under this Agreeme t al b o inspection by the City. If the City believes such ity os participation construction has not been properly performed or that the construction is defective, the City shall inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State shall have the exclusive right to determine whether the State's contractor has satisfactorily .performed such City cost participation construction. ARTICLE IV - BASIS OF PAYMENT BY THE CITY Section A. SCHEDULE "I" aad EXHIBIT "Cost Participation" A Preliminary SCHEDULE !'I" is attached and incorporated into this Agreement. The Preliminary SCHEDULE "I" includes all anticipated City cost participation construction items and the construction • engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. EXHIBIT "Cost Participation", a colored layout that shows all anticipated City cost participation construction covered under this Agreement, is on file in the office of the State's District Engineer and in the office of the State's Municipal Agreements Engineer at St. Paul, and is incorporated into this Agreement by reference. Section B. City Coat Participation Construction The City shall, as indicated, participate in the following construction to be performed upon, along and adjacent to Trunk Highway No. 7/22 from Shady Ridge Road to 5th Avenue North East and upon, along and adjacent to Trunk Highway No. 15 from 2nd Avenue to 5th Avenue within the corporate City limits under State Project No. 4302-44 (T.H. 7=119). The construction includes the City's • proportionate share of item costs for mobilization, field office, v g~.b) 88803-R • field laborator computed using estimated unit innate share was n the plans and 11 not be changed during the life 1. 100 Percent shall be the City's rate of cost participation in all of the frontage road, City street, and storm sewer construction as shown in "Yellow" on EXHIBIT "Cost Participation", which is on file at the locations given in Section A. of this article. The construction includes, but is not limited to, those construction items as tabulated on Sheets No. 2 thru No. 5 of the attached Preliminary SCHEDULE "I". 2. l00 Percent shall be the City's rate of cost participation in all of the water main and sanitary sewer construction. The • construction includes, but is not limited to, those construction items as tabulated on Sheets No. 6 thru No. 8 of the attached Preliminary SCHEDULE "I". 3. 25 Percent shall be the City's rate of cost participation in all of the 4" Concrete Walk Special 1 construction as shown in "Violet" on EXHIBIT "Cost Participation", which is on file at the locations given in Section A. of this article. 25 Percent of the total contract quantity for construction item 4" Concrete Walk Special 1 shall be shown as 100% City Cost on Sheets No. 3 and No. 5 of the attached Preliminary SCHEDULE "I". 4. 100 Percent shall be the City's rate of cost participation in all of the lighting construction. The construction includes, but is not limited to, those lighting construction items shown on Sheets No. 2 thru No. 5 of the attached Preliminary . SCHEDULE "I." The City will receive a lump sum credit in the B gc.~~ 88803-R • amount $200, Ob0~ ~o~t~~t~t~ ~o~e State's share of the continuous li ht~ri g n tr~l,~jri'6~n along Trunk Highway No. 7/22 as . shown on Sheet NoV. o the attached Preliminary SCHEDULE "I". 5. The City shall receive a lump sum credit in the amount of $10,124.00 from the State to be used as payback for the remaining value of improvements made with state aid funds on 5th Avenue North East, as shown on Sheet No. 1 of the attached Preliminary SCHEDULE "I" Section C. Construction Engineering Costs The City shall pay a construction engineering charge in an amount equal to 3 percent of the cost of the City water main and sanitary sewer construction covered under Section B.2 of this article. • Except for the City participation construction covered under the previous paragraph, the City shall pay a construction. engineering charge in an amount equal to 8 percent of the cost of all City participation construction covered under this Agreement. Section D. Addenda Change Orders and Supplemental Agreements The City shall share in the costs of construction contract addenda, change orders and supplemental agreements that are necessary to complete the City cost participation construction covered under this Agreement. Section E. Liquidated Damages All liquidated damages assessed the State's contractor in connection with the construction contract shall result in a credit shared by each party in the same proportion as their total construction cost n U 9 ~(~~ 88803-R • share covered • u s 1~a~leefnelf$ ~sl tb ~~ total contract construction cost for liquidated damages. ARTICLE V - PAYMENT Section A. Advance Payment Schedule It is estimated that the City's share of the costs of the contract construction and construction engineering is the sum of $3,853,763.40 as shown in the attached Preliminary SCHEDULE "I". Upon award of the construction contract the State shall prepare a Revised SCHEDULE "I" based on construction contract unit prices. The City shall advance to the Commissioner of Transportation the City's total estimated construction cost share, which does not include the construction engineering cost share, as shown in the Revised SCHEDULE "I". Advancement by the City shall be made in accordance with the following Advance Payment Schedule only after the following conditions have been met: 1. Execution and approval. of this Agreement and the State's transmittal of it to .the City along with a copy of the Revised SCHEDULE "I". 2. Receipt by the City of appropriate written requests from the State for payment by the City in accordance with the following Advance Payment Schedule. ADVANCE PAYMENT SCHEDULE First Payment: Upon the City's receipt of a written request from the State,. an amount equal to 65 percent of the City's total estimated construction cost share as shown in the Revised SCHEDULE "I". l0 ~~~ 88803-R • • Second Payment: O ~b o~ City's total estim t c t Revised SCHEDULE "I ', 1 s advanced by the City. 2b6+/, an amount equal to the st share as shown in the total amount of all funds previously It is anticipated that each of the payments made by the City in accordance with the Advance Payment Schedule shall be paid in full prior to the performance of any of the City cost participation construction for which that payment was made. Section B. Final Payment by the City Upon completion and acceptance of the contract construction and upon computation of the final amount due the State's contractor, the State shall prepare a Final SCHEDULE "I" and submit a copy to the City. The Final SCHEDULE "I" shall be based on final quantities, and include all City cost participation construction items and the construction engineering cost share covered under this Agreement. If the final cost of the City participation covered under this Agreement exceeds the amount of funds advanced by the City, the City shall, upon receipt of a request from the State, promptly pay the difference to the State without interest. If the final cost of the City participation covered under this Agreement is less than the amount of funds advanced by the City, the State shall promptly return the balance to the City without interest. Pursuant to Minnesota Statutes Section 15.415, the State waives claim for any amounts less than $5.00 over the amount of City funds previously advanced to the State, and the City waives claim for the return of any amounts less than $5.00 of those funds advanced by the City. 11 g~~ 88803-R Section C. Accept~n~e`o~~C~ty~~o~t` a~d~6mpleted Construe The computation by t1~St ~e1of~~amount due from the City shall be final, binding and one save. Acceptance by the State of the completed contract construction shall be final, binding and conclusive upon the City as to the satisfactory completion of the contract construction. ARTICLE VI - GENERAL PROVISIONS Section A. Plan Chaages The City may request changes in the plans. If the State determines that the requested plan changes are necessary or desirable, the State will cause those plan changes to be made. Sectioa B. Replacement of Castings The City shall furnish the State's contractor with new castings and parts for all inplace City-owned facilities constructed hereunder when replacements are required, without cost or expense to the State or the State's contractor, except for replacement of castings and .parts broken or damaged by the State's contractor. Sectioa C. Utility Permits The City shall submit to the State's Utility Engineer an original permit application for all City-owned utilities to be constructed hereunder that are upon and within the trunk highway right-of-way. City-owned utilities include, but are not limited to, sanitary sewer, water main and lighting facilities. Applications for permits shall be made on State form "Application For Utility Permit On Trunk Highway Right-Of-Way" (Form TP2525). The City, through the State, shall submit to the Minnesota Pollution Control Agency the plans and specifications for the construction or • reconstruction of its sanitary sewer facilities to be performed under 12 C.7-~~ 88803-R the construction to Minnesota Statutes Section 115.07 or ubpart 2C, either a permit or written that construction or .reconstruction to be performed by others under the construction contract. When the Minnesota Pollution Control Agency issues that permit or waiver, the City will promptly furnish the State a copy of that permit or waiver so that the State's contractor may perform the construction or reconstruction. The City is advised that pursuant to .Minnesota Rules 7001.1040, a written application for the permit or waiver must be submitted to the Minnesota Pollution Control Agency at least 180 days before the planned date of the sanitary sewer facility construction or reconstruction. " Section D. Limited Uae Permit The City shall apply, through the • Manager, for a Limited Use Permit maintenance responsibilities, inc the bikeways and multi-use trails right-of-way. District's Right-of-Way Area covering the City's liability and Luding repair and replacement, of to be constructed within the State Section E. Maintenance by the City Upon satisfactory completion of the frontage road and City street construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the roadways and all of the facilities a part thereof, without cost or expense, to the State. Maintenance includes, but is not limited to, snow, .ice and debris removal, resurfacing and seal coating and any other maintenance activities necessary to perpetuate the roadways in a safe and usable condition. Upon satisfactory completion of the storm sewer facilities • construction to be performed within the corporate City limits under 13 ~~~ 88803-R • the construction c n r c e`C~y s+haQl~ovide for the proper routine maintenanc t e fa ies, without cost or expense to the State. Routine mai en nce includes, but is not limited to, removal of sediment, debris, vegetation and ice from structures, grates and pipes, repair of minor erosion problems, and minor structure and pipe repair, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. Upon satisfactory completion of the City water main and sanitary sewer construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of those facilities, without cost or expense to the State. • Upon satisfactory completion of the walkways, medians and colored concrete pavement pedestrian crossings construction, to be performed within the corporate City limits under the construction contract, the City shall provide for the proper routine maintenance of the walkways, medians and pedestrian crossings, without cost or expense to the State. Routine maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, and any other maintenance activities necessary to perpetuate the walkways, medians and pedestrian crossings in a safe and usable condition. Upon satisfactory completion of the bikeways and multi-use trails construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance and replacement of the bikeways and multi-use trails, . without cost or expense to the State. Maintenance shall be in 14 ~«~ 88803-R • accordance with th i i d s r i n~£~'le in the office of the State's District E g' e . Upon satisfactory co pletion of the landscape construction to be performed within the corporate City limits under the construction contract and after the expiration of the contractor's two year landscaping materials warranty period, the City shall provide for the proper maintenance of the landscape materials placed under the construction contract without cost or expense to the State. Maintenance shall include, but not be limited to, removal and/or replacement of all materials that fail to survive. Upon satisfactory completion of the retaining wall and Bridge No. 43016 ornamental metal railing construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of-and keep in repair the railings, without cost or expense to the State. Maintenance and repair includes, but is not limited to, painting and replacement and any other maintenance activities necessary to perpetuate the railings in a safe, usable and aesthetically acceptable condition. Upon satisfactory completion of the retaining wall and Bridge No. 43016 aesthetic surface treatment construction to be performed under the construction contract, the City shall provide for the proper maintenance of the surface treatments without cost or expense to the State. Maintenance shall include, but not be limited to graffiti removal, painting, repair, and any other maintenance activities necessary to perpetuate the surface treatments in a safe, usable and aesthetically acceptable condition. The State shall provide for graffiti coating and single=color painting themes on retaining wall and bridge surfaces on the trunk highway. Additional 15 ~~.~) 88803-R costs for multi-c financial .participation from Upon satisfactory c mo pletion of the grouted rip-rap construction to be .performed under Bridge No. 43016 within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of and keep in repair the grouted rip-rap, without cost or expense to the State. Maintenance and repair includes, but is not limited to, debris and graffiti removal, patching, replacement and any other maintenance activities necessary to perpetuate the grouted rip-rap in a safe, usable and aesthetically acceptable condition. Upon completion of the aesthetic lighting facilities construction, including banner poles and lighting on and under Bridge No. 43016, to be performed within the corporate City limits under the construction • contract, the City will become the owner and provide for the proper maintenance of those facilities. Maintenance includes but is not limited to; replacing faulty luminaires and knocked down or otherwise damaged poles; repairing or replacing underground facilities and wiring; repairing service cabinets, photocells, and all other miscellaneous hardware to keep the lighting facilities in working order; cleaning and relaaping the luminaires; and painting the lighting facilities and banner poles. The City will pay all monthly electrical service expenses necessary to operate the lighting facilities. The .City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad or pole. Section F. Additional Drainage Neither party to this Agreement shall drain any additional drainage • into the storm sewer facilities to be constructed under the 16 ~~~ 88803-R construction contr c t t a ~t ihcQu2~ in the drainage for which the storm se a ac' i ie e designed without first obtaining permissio to 0 o from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's District Hydraulics Engineer at Willmar and is incorporated into this Agreement by reference. Section G. Pond Responsibilities Upon satisfactory completion of the storm water treatment pond construction to be performed within the corporate City limits under the construction contract, the City shall provide for proper maintenance of the ponds without cost or expense to the State. Maintenance shall include, but not limited to, litter, debris and silt removal, mowing, erosion repairs and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. The City shall be responsible for all obligations and liabilities arising out of or by reason of the City's maintenance of the storm water treatment pond. The City shall share in the cost of future major maintenance at rates based on the ratios of contributing water volume entering into the ponds at the time that the major maintenance is required. The contributing water volume entering into the ponds at the time the ponds were designed are 64 percent for Oddfellows Pond, 66 percent for Boat Landing Pond, 76 percent for West Water Street Pond, 70 percent for East Water Street Pond and 40 percent for Prospect Street Pond. Major maintenance includes, but is not limited to, removal of sediment, repair of major erosion problems, major structure and entrance pipe repair and any other major maintenance activities 17 ~~~ 88803-R necessary to prese 3 as flooding, erosi n, conditions such deterioration of the facilities. Th St _ nto a separate agreement to define additional responsibilities for maintenance of the ponds. The. City shall share in all responsibilities, obligations-and liabilities arising out of or by reason of the drainage collecting into and being discharged from the ponds. The City shall share such responsibilities, obligations and liabilities at rates based on the ratios of contributing water volume entering into the ponds as referenced in the previous paragraph, however, contributing water volume ratios may change based on development and alteration of land use in the vicinity. • Section H Future Responsibilities Upon satisfactory completion of the frontage road, City street, bikeways and multi-use trails construction to be performed within the corporate City limits under the construction contract, the City shall thereafter accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use, operation, maintenance, repair and reconstruction of those roadways and trails and all of the facilities a part thereof constructed hereunder, without cost or expense to the State. Upon satisfactory completion of the East water Street and West Water Street storm water treatment ponds, the State shall convey ownership of said ponds to the City, subject to a permanent drainage easement. Maintenance and other storm water treatment pond responsibilities, obligations and liabilities shall be as covered in Section G. of this article. • 18 ~~~ 888x3-R Section The State shall, u~otf~at~~f~ctls~'completion of the frontage road and 4th Avenue Nortllhh Eass~iCC// construction and all of the facilities a part thereof constructed within the corporate City limits under the construction contract, serve upon the City a "Notice of Release" placing those roadway portions under the jurisdiction of the City; and subsequent thereto, after all necessary and required documents have been prepared and processed, the State shall convey to the City all right, title and interest of the State in those roadway portions. Upon receipt of that "Notice of Release", the City shall become the road authority responsible for the roadway portions so released Section J. Examination of Books, Records, Stc. As provided by Minnesota Statutes Section 16C.D5, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. Section K. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes Section 3.'736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Section L. Agreement Approval Before this Agreement becomes binding and effective, it shall be approved by a City Council resolution and executed by such State and 19 ~«~ 88803-R L~ City officers of Transportat ion to the Commissioner ntative. ARTICLE VII - The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 296-0969. The City's Authorized Agent for the purpose of the administration of this Agreement is Gary C. Plotz, City Administrator, or his successor. Their current address and phone number are City of Hutchinson, 111 Hassan Street South East, Hutchinson, MN 55350-2522, (320) 234-4209. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 20 ~~) ~N TESTIMONY WHERE F t e a authorized officer . ~~ CITY OF HUTCHINSON By Mayor Date By Title Date 888x3-R this Agreement by their DEPARTMENT OF TRANSPORTATION Recommended for approval: By District 6agineer Approved: By State Design Engineer Date Approved as to form and execution: By Contract Management Date COMMISSIONER OF ADMINISTRATION Aa delegated to Materials Management Division By Date ~c~~ 21 t~ U _~: (1) 100% CITY ~ 88803 .._ .. ryryee~~y}} Y = YLFllV UHIV 111 1 ......... _ ..... .::::..........~:.....::. ~'A:;:;/....:.::~:: u. ~p f......~.. '^'•' x'.. Y.;.'::r: _ ;':~pr `!~ .:~~~'~t: ::. ~~~y%~,> tlp[.:: v; ... a.x&.: ~~Ti':.'£. 'feF,w :. i!i : ~~.,: .5:'f'.!T6:q:^'~'i wj; `i ~'~pbrc <~::::2<; '~;~;~. :(.R_c i'N~: x ~R~~~G< p ~. ( W ~ .. iuYR:; y. wic:::,.y,~ . ,5a </ <~' . , ~ '%irr. .:~ n"i.0' : l4itL` ll. :... '..i.... .x.:::..:: . , . ~ ..i . 2021 501 MOBILIZATION LUMP SUM 0.18 450,000.00 81,000.00 . 501 2031 FIELD OFFICE TYPED EACH 0.18 7,500.00 1,350.00 . EACH 0.18 7,500.00 1,350.00 2031.503 FIELD LAB TYPED LUMP SUM 0 10 2,500.00 250.00 501 2051 MAINT & RESTORATION OF HAUL ROADS . . ACRE 0.50 2,200.00 1,100.00 2101.50] CLEARING ACRE 0.50 2,000.00 1,000.00 2101.506 GRUBBING IN FT 695 00 10 00 950.00 6 REMOVE SEWER PIPE (STORM) L . . , 2104.501 292 00 1 VE CURB AND GLI'1"I'ER LIN FT 646.00 2.00 . , 2104.501 REMO 00 47 REMOVE CONCRETE WALK SQ FT 94.00 0.50 . 2104.503 00 388 12 REMOVE BITUMINOUS PAVEMENT SQ YD 3,097.00 4.00 . , 2104.505 ~ ® 00 2 275 EMOVE LIGHTING UNIT EACH 13.00 175.00 , . 2104.509 R 00 75 2104 509 REMOVE LUMINAIRE EACH 1.00 75.00 . . 2104 509 REMOVE LIGHT STANDARD EACH 9.00 ]75.00 1,575.00 . 2104 509 REMOVE MANHOLE EACH 2.00 300.00 600.00 . 509 2104 REMOVE CATCH BASIN EACH 7.00 300.00 2,100.00 . 2104 509 REMOVE WOOD POLE EACH 1.00 175.00 175.00 . 2104 509 REMOVE LIGHT STANDARD BASE EACH 12.00 250.00 3,000.00 . 2105 513 SAWING BI1"[JMINOUS PAVEMENT (FULL DEPTH LIN FT 394.00 2.50 985.00 . 2104.523 SALVAGE LUMINAIltE EACH 9.00 125.00 00 75 1,125.00 00 6 475 2104.523 SALVAGE LIGHTING UNTI' EACH 37.00 1 . 50 3 , . 00 6 657 2105 501 COMMON EXCAVATION (P CU YD 1,902.00 . , . . 507 2105 SUBGRADE EXCAVATION ~ (P CU YD 2,331.00 4.25 9,906.75 . 522 2105 SELECT GRANIII.AR BORROW (CV CU YD 3,006.00 5.60 16,833.60 . 2105 604 GEOTEXTILE FABRIC TYPE V SQ YD 9,012.00 L00 9,012.00 . 2211 503 AGGREGATE BASE C V CLASS 5 (P) CU YD 2,402.00 15.00 36,030.00 . 502 2357 BITUMINOUS MATERIAL FOR TACK COAT GALLON 481.00 ].00 481.00 . 2360 501 5 WEARING COURSE MDC (3,E TYPE SP 12 TON 520.00 36.00 18,720.00 . 502 2360 . 5 NON WEARING COURSE MIX (3,E TYPE SP 12 TON 812.00 34.00 27,608.00 . 2451 509 . AGGREGATE BEDDING (CV) CU YD 1,000.00 15.00 15,000.00 . 2451 609 AGGREGATE FOUNDATION TON 1,600.00 20.00 32,000.00 . EACH 1.00 ],300.00 1,300.00 2501.515 54" RC PIPE APRON EACH L00 400.00 400.00 2501.602 TRASH GUARD FOR 54" PIPE APRON LIN FT 450.00 7.00 3,150.00 2502.521 3"PVC PIPE DRAIN LIN FT 00 79] 25.00 19,775.00 2503.54] 12" RC PIPE SEWER DESIGN 3006 CLASS III . -2- (1) 100%C1TY • ~ 88803 P PLAN UANTTTY 1"'S~ 4 ~ `I't'Y 11V~ ~~. . .~~ ~ ]CFI~I~ .; + '~ . ?k S.P 43d~~4 ;, ,; i 7d1i11ER LIN FT 226.00 40.00 9,040.00 2503.541 27" RC PIPE SEWER DESIGN 3006 CLASS III LIN FT 320.00 70.00 22,400.00 2503.541 36" RC PIPE SEWER DESIGN 3006 CLASS III LIN FT 00 180 120.00 2],600.00 541 2503 54" RC PIPE SEWER DESIGN 3006 CLASS III - . 22 90 200 00 4,580.00 . 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN A OR F LIN FT FT . 10 10 . 250.00 2,525.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-4020 LIN FT . 18 10 300 00 5,430.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60020 LIN T . 00 7 . . 00 350 2,450.00 501 2506 CONSTRUCT DRAINAGE STRUC'f'IJRE DESIGN 66-0020 LIN F . . . 600 00 880.00 8 . 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 844020 LIN F1 14.80 30 61 . 00 200 , 12,260.00 2506 501 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 1 LIN FT . . 500 00 000 00 11 . EACH 22,00 . . , 2506.516 CASTING ASSEMBLY CU YD 18.00 60.00 1,080.00 2511.501 RANDOM RIPRAP CLASS IV SQ FT 2,462.00 2.50 6,155.00 2521.501 4" CONCRETE WALK SQ FT 8,900.00 5.00 44,500.00 2521.501 4" CONCRETE WALK SPECIAL 1 - LIN FT 194.00 3 8.00 25,552.00 2531 501 CONCRETE CURB & GUTTER DESIGN B618 , 32 00 240.00 2 . EMENT SQ yD 70.00 . , 2531.507 6" CONCRETE DRIVEWAY PAV YD 175 00 00 40 7,000.00 PAVEMENT SQ . . 2531.507 8" CONCRETE DRIVEWAY 96 00 00 12 152.00 1 Y GU'I"I'ER gQ yD . . , 2531.604 8" CONCRETE VALLE 00 8 40 00 320.00 SQ FT . . 2531.618 TRUNCATED DOMES ® 00 6 00 500 1 000.00 9 ECIAL ' ' EACH . . , , 2545.511 ING UNIT TYPE SP LIGH T 42 00 00 800 2 600.00 117 EACH . . , , 2545.511 LIGIT'fING UNIT TYPE SPECIAL ] EACH 8.00 2,800.00 22,400.00 2545.511 LIGHTINGUNIT TYPE SPECIAL 2 ~ EACH 88.00 2,800.00 246,400.00 2545.511 LIGIl'1'ING UNIT TYPE SPECIAL 3 EACH 2.00 850.00 1,700.00 2545.514 UNDERPASS LIGHTING FD{TURE TYPE L 00 88 300 00 400.00 26 2545.515 LIGHT BASE DESIGN SPECIAL EACH LIN FT . 10 00 . 8.00 , 80.00 2545.521 1" RIGID STEEL CONDUIT LIN FT . 120.00 9.00 ],080.00 2545.521 L5" RIGID STEEL CONDUIT LIN FT 180 00 9.50 1,710.00 2545.52] 2" RIGID S1'EI?L CONDUIT LIN FT . 315.00 1 5.00 6,575.00 2545.523 3" NON-METALLIC CONDUIT LIN FT , 540.00 1.00 540.00 2545.531 UNDERGROUND WIRE 1 CONDUCTOR NO 2 00 0 70 50 291 1 2545.531 UNDERGROUND WIltE 1 CONDUCTOR NO 4 LIN FT 1,845. . . , 50 ]62 2545 531 UNDERGROUND WIRE 1 CONDUCTORNO 10 LIN FT 250.00 0.65 . . 533 2545 ARMORED CABLE 4 CONDUCTOR NO 4 LIN F'I' 24,200.00 4.00 96,800.00 . 541 2545 SERVICE CABINET SECONDARY TYPE Ll EACH 5.00 4,OOb.00 20,000.00 . EACH 5.00 900.00 4,500.00 2545.545 EQUIPMENT PAD B -3 ~_ V -4- • (1) 100%CITY • ~ 88803 • (2)100% CTTY • • 88803 IW_~ V P =PLAN uANI l l r ~ ~ %°iK:S~: ..`c>~?[yL T ~ :: /.~ . W lur.. '/~ EI EF~~ ... .:. j~ i.. .R i :~W ..;: : :. ..' . o :: :; yy~~¢rFFyy~~,yy~~ YY~~{ 2 # ,e , ~y~ p LUMP SUM 0.03 450,000.00 13,500.00 2021.501 MOBILIZATION EACH 0.03 - 7,500.00 225.00 2031.501 FIELD OFFICE TYPED EACH 0.03 7,500.00 225.00 2031.503 FIELD LAB TYPED LUMP SUM 0.10 2,500.00 250.00 2051.501 MAIN'T & RESTORATION OF HAUL ROADS 4 00 00 212 2104.505 REMOVE BI"CUMIIdOUS PAVEMENT SQ YD 53.00 . . 00 525 2104.509 REMOVE LUMINAIItE EACH 7.00 00 7 75.00 175 00 . 225.00 1 2104.509 REMOVE WOOD POLE EACH LIN FT . 24 00 . 2.50 , 60.00 2104.513 SAWING BIT[1MINOUS PAVEMENT (FULL DEPTH) . 00 175 2104.523 SALVAGE LIGHTING UNIT EACH 1.00 175.00 . 00 800 2105.525 TOPSOII. BORROW (L CU YD ]00.00 8.00 . 00 135 503 2211 AGGREGATE BASE (CV) CLASS 5 (P CU YD 9.00 15.00 . . 2357 502 BI'I'UNIINOUS MATERIAL FOR TACK COAT GALLON 4.00 1.00 4.00 . 2360 501 TYPE SP 12.5 WEARING COURSE MQCTURE 3,E) TON 17.00 36.00 612.00 . EGATE BEDDING (CV CU YD 600.00 15.00 9,000.00 2451.509 AGGR 00 000 8 FOUNDATION TON 400.00 20.00 . , 245].609 AGGREGATE 00 980 DRAIN " LIN FT 140.00 7.00 . 2502.521 PVC PIPE 3 00 5 00 070 18 " CONCRETE WALK SPECL4L l SQ FT 3,614.00 . . , 2521.501 ~ ® 4 0 00 00 800 44 TT TYPE SPECIAL 1 ' EACH 16.00 . 2,80 . , 2545.511 I7NGUN LIGII 5 00 525 00 2545.523 3" NON-METALLIC CONDUIT LIN FT 105.00 . 00 4 . 00 200 12 2545 533 ARMORED CABLE 4 CONDUCTOR NO 4 LIN FT 3,050.00 . . , . LUMP SUM 0.03 100,000.00 3,000.00 2563.601 TRAFFIC CONTROL LUMP SUM 0.10 000.00 2 200.00 2573.60] EROSION CONTROL SUPERVISOR , :; .... ',~ X11 ~ -5- • (3)100% CITY ~ • 88803 p =PLAN UAN'I7TY ~~ ~ ^€3>' ,. ~iiTA~H1~R LIN FT 8,138.00 7.00 56,966.00 2104.501 REMOVE WATER MAIN LIN FT 179 00 8 7.00 57,253.00 2104.501 REMOVE SEWER PIPE (SANI'T'ARY) ~ EACH ~ . , 43.00 300.00 12,900.00 2104.509 REMOVE MANHOLE EACH 21.00 200.00 4,200.00 2104.523 SALVAGE GATE VALVE & BOX EACH 20.00 300.00 6,000.00 2104.523 SALVAGE HYDRANT LIN FT 789 00 4 5.00 23,945.00 2104.603 ABANDON WATER MAIN . , 50 0 00 000 30 000.00 15 EWER SERVICE " LUMP SUM . . , , 2503.601 PENANCE OF SANITARY S MAIN 19 00 00 250 750.00 4 602 2503 CONNECT TO EXISTING SANTTARY SEWER EACH . . , 00 800 . 2503.602 CONNECT TO EXISTING MANHOLES (SANITARY) EACH EACH 1.00 00 24 800.00 150.00 . 3,600.00 2503.602 R"X6"PVC WYE EACH . 00 4 200 00 800.00 2503.6D2 10"X6" PVC WYE EACH . 4.00 . 250.00 1,000.00 2503.602 ]2"X6"PVC WYE EACH 49.00 500.00 24,500.00 2503.602 18"X6" PVC WYE LIN FT 712.00 7.00 4,984.00 2503.603 PLUG, FII.L & ABANDON PIPE SEWER 00 300 00 300 9 .2503.603 8" OUTSIDE DROP LIN FT LIN FT 31.00 17.00 . 400.00 . , - 6,800.00 2503.603 10" OUTSIDE DROP SIDE DROP " LIN FT 17.00 500.00 8,500.00 2503.603 OUT 12 800 00 7 IDE DROP " LIN FT 13.00 600.00 . , 2503.603 OUTS 18 0 125 00 80 IPE SEWER " LIN FT 3,205.00 25.0 . , 2503.603 PVC P 6 590 00 91 C PIPE SEWER ~ ® " LIN FT 3,053.00 30.00 . , 2503.603 PV 8 00 16 576 LIN FT 518.00 32.00 , . 2503.603 10" PVC PIPE SEWER LIN FT 518.00 34.00 17,612.00 2503.603 12"PVC PIPE SEWER ~ ~ LIN FT 26.00 40.00 1,040.00. 2503.603 15" PVC PIPE SEWER LIN FT 5 503.00 50.00 275,150.00 2503.603 18"PVC PIPE SEWER LIN FT , 303.00 70.00 21,210.00 2503.603 21"PVC PIPE SEWER LIN FT 60 00 30 00 1,800.00 2503 603 8" DUCTILE II2ON PIPE SEWER CL 52 . . . 603 2503 10" DUCTII,E IltON PIPE SEWER CL 52 LIN FT 60.00 36.00 2,160.00 . 2503 603 12" DUCTILE IRON PIPE SEWER CL 52 LIN FT 40.00 40.00 1,600.00 . 603 2503 18" DUCTILE IRON P1PE SEWER CL 52 LIN FT 20.00 50.00 1,000.00 . 2503 603 8" FIDPE PIPE SEWER LIN FT 718.00 25.00 17,950.00 . 601 2504 TEMPORARY WATER SERVICE LUMP SUM 0.50 30,000.00 15,000.00 . 2504.602 CONNECT TO EXISTII~IG WATER MAIN EACH 24.00 250.00 6,000.00 2504 602 HYDRANT EACH 28.00 2,500.00 70,000.00 . 2504.602 ADJUST GATE VALVE & BOX EACH 20.00 250.00 5,000.00 /1 ~ V / ~/ 6- • (3)100%CITy • .88803 ~~ \/ y ~lyy P =PLAN UANTIfY ' ~~~ ~4.4~ .~. ~~~~ Y ..4 ~~,~C ~ >.„:.,:. ~~i^u~..~ .. ~~'.c..~. '~'Sy'ry ..,.. ,.: ':1..: .. ~y~.:.: .jt ~Oi. Sni ::.„: •v4:.` : n'9'i"> wa h 5 ~, f /mob ~ ~ ~ : . ~~... J~0.i~~i~.L .: ... ..:. ~ ...' .... `.' i ~.: :: :i .T~:S'F.AMIY ~ EACH 46.00 120.00 5,520.00 2504.602 1"CORPORATION STOP EACH 14.00 200.00 2,800.00 2504.602 1.5" CORPORATION STOP EACH 38.00 800.00 30,400.00 2504.602 6" GATE VALVE AND BOX EACH 16.00 1,000.00 16,000.00 2504.602 8" GATE VALVE AND BOX EACH 2.00 1,300.00 2,600.00 2504.602 10" GATE VALVE AND BOX EACH 15.00 1,600.00 24,000.00 2504.602 12" GATE VALVE AND BOX EACH 1.00 3,500.00 3,500.00 2504.602 8" X 8" WET TAP EACH 13.00 2,500.00 32,500.00 2504.602 18" BiJ"I"I'ERFLY VALVE EACH 1.00 4,000.00 4,000.00 2504.602 24" BLI"ITERFLY VALVE EACH 46.00 150.00 6,900.00 2504.602 1" CURB STOP AND BOX EACH 14.00 250.00 3,500.00 2504.602 1.5" CURB STOP AND BOX LIN FT 1,985.00 25.00 49,625.00 2504.603 1" TYPE K COPPER PIPE 00 310 32 00 9,920.00 LIN FT . . 2504.603 LS" TYPE K COPPER PIPE 150 00 00 25 750.00 3 LIN FT . . , 2504.603 4"PVC WATERMAIN 939 00 00 26 414.00 24 LIN FT . . , 2504.603 6" PVC WATERMAIN ~ ® 00 3 109 00 28 052.00 87 " LIN FT , . . , 2504.603 PVC WATERMAIN 8 00 778 30 00 340.00 23 LIN FT . . , 2504.603 ]0"PVC WATERMAIN LIN FT 4,773.00 40.00 190,920.00 2504.603 12"PVC WATERMAIN LIN FT 4 965 00 60.00 297,900.00 2504.603 18"PVC WATERMAIN LIN FT , . 99.00 75.00 7,425.00 2504.603 24"PVC WATERMAIN LIN FT 358.00 125.00 44,750.00 2504.603 20" STEEL CASING PIPE LIN FT 302.00 160.00 48,320.00 2504.603 24" STEEL CASING PIPE ~ LIN FT 80.00 175.00 14,000.00 2504.603 30" STEEL CASING PIPE LIN FT 60.00 200.00 12,000.00 2504.603 36" STEEL CASING PIPE SQ YD 450.00 25.00 11,250.00 2504.604 2" POLYSTYRENE INSULATION 00 0 00 5 00 100 207 608 2504 WATERMAIN FITTINGS POUND 41,42 . . . , . 2506 501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 4007 LIN FT 5]3.30 250.00 128,325.00 . 516 2506 CASTING ASSEMBLY EACH 37.00 500.00 18,500.00 . 2506 522 ADIUST FRAME & RING CASTING EACH 10.00 300.00 3,000.00 . 2506.603 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 4 LIN FT 26.30 650.00 17,095.00 7- • ~ • ~ 88803 C Y t V yY.A~(N~{Xp.~( I~HJ~ 4 100% IT * y~ a1VlCAYrI~k:~ .i;. .~ n..... ~.. io: .. .. '.~ .... .. n .. .. y~(~~ . ~. .vw...'.' > p~ '~' '.. ~. ".... { .... ~Y. x 2104.501 2104.501 2104.509 2104.523 2104.523 2503.60] 2503.602 2503.602 2503 602 REMOVE WATER MAIN REMOVE SEWER PIPE (SANtfARY) REMOVE MANHOLE SALVAGE GATE VALVE & BOX SALVAGE HYDRANT MAINTENANCE OF SANITARY SEWER SERVICE CONNECT TO EXISTING SANITARY SEWER CONNECT TO EXISTING MANHOLES (SANITARY) 18"X6"PVC WYE LIN FT LIN FT EACH EACH EACH LUMP SUM EACH EACH EACH 2,839.00 1,822.00 7.00 5.00 5.00 0.50 4.00 1.00 10.00 7.00 7.00 300.00 200.00 300.00 30,000.00 250.00 800.00 500.00 19,873.00 12,754.00 2,100.00 1,000.00 1,500.00 15,000.00 1,000.00 800.00 5,000.00 . 2503.603 2503.603 2503.603 PLUG, FILL & ABANDON PIPE SEWER 8" OUTSIDE DROP 6"PVC PIPE SEWER LIN FT LIN FT LIN FT 698.00 31.00 450.00 7.00 300.00 25.00 4,886.00 9,300.00 11,250.00 2503.603 2503.603 8"PVC PIPE SEWER 12" PVC PIPE SEWER LIN FT LIN FT 80.00 40.00 30.00 34.00 2,400.00 1,360.00 2503.603 18" PVC PII'E SEWER LIN FT 2,675.00 50.00 133,750.00 2503 603 8" DUCTILE Il2ON PIPE SEWER CL 52 LIN FT 60.00 30.00 1,800.00 . 2504 601 TEMPORARY WATER SERVICE LUMP SUM 0.50 30,000.00 15,000.00 . 2504 602 ~ CONNECT TO EXISTING WATER MAIN ® EACH 4.00 250.00 1,000.00 . 2504.602 HYDRANT EACH 7.00 2,500.00 17,500.00 2504.602 ADJUSTGATE VALVE & BOX EACH 2.00 250.00 500.00 2504.602 1.5" CORPORATION STOP EACH 2.00 200.00 400.00 2504.602 6" GATE VALVE AND BOX EACH 12.00 800.00 9,600.00 2504.602 8" GATE VALVE AND BOX EACH 4.00 1,000.00 4,000.00 2504.602 12" GATE VALVE AND BOX EACH 4.00 1,600.00 - 6,400.00 2504.602 1.6" CURB STOP AND BOX EACH 2.00 250.00 500.00 2504.603 1.5" TYPE K COPPER PIPE LIN FT 30.00 32.00 960.00 2504.603 6"PVC WATERMAIN LIN FT 137.00 26.00 3,562.00 2504.603 8" PVC WATERMAIN LIN FT 263.00 28.00 7,364.00 2504.603 12"PVC WATERMAIN LIN FT 2,688.00 40.00 107,520.00 2504.603 20" STEEL CASING PIPE LIN FT 120.00 125.00 15,000.00 2504.604 2" POLYSTYRENE INSULATION SQ YD 50.00 25.00 1,250.00 2504.608 WATERMAIN FITTINGS POUND 4,950.00 5.00 24,750.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 4007 LIN FT 163.00 250.00 40,750.00 2506.516 CASTING ASSEMBLY EACH 8.00 500.00 4,000.00 :. ~ . ~ : .:.:..: .:.:....:.;.,. . Y .m.;.:~ ... 1 :ilr- 8- i(~ Minnesota Department of Transportation Memo Office of Technical Support Municipal Agreements Unit Mail Stop 682, Room 616 395 John Ireland Boulevard St. Paul, MN 55155 ofe~e Tel:. (ss1) 2ss-o9ss Fax: (651) 296-9868 October 5, 2005 To: Allan Rice District 8 - Wilhnaz `. From: Maryanne Kelly-Sonnek ~ ~,~Q~.~t~ Municipal Agreements Engm /\JJ Subject: Proposed Traffic Control Signal Agree. No. 88804R McLeod County and City of Hutchinson S.P. 4302-44 (T.H. 7=119) S.P. 4304-51 (T.H. 15=151) S.P. 4308-25 (T.H. 22=22) S.P. 4308-31 (T.H. 22=22) Federal Project STPX 4301 (012) County and City costs for T.H. 7/22 traffic control signal construction Transmitted herewith in triplicate is a proposed agreement with McLeod County and the City of Hutchinson. This agreement provides for payment to the State of the County's and the City's share of the costs of the traffic control signal construction (includes State furnished Materials) to be performed on T.H. 7/22. Present this agreement to the Boazd of County Commissioners and City Council for their approval and execution that includes original signatures of the County Boazd and City Council authorized County and City officers on all three copies of the agreement. Also required are three original copies of a resolution passed by the County Board and the City Council authorizing its officers to sign the agreement on their behalf. A suggested form of such resolution is enclosed. If the plan for this nroiect is to be submitted to the County and the Citv for approval please coordinate the submittal of the plan and the agreement. The executed agreements and resolutions (three originals of each) should be forwarded to this office as soon as possible. A copy will be returned to the County and the City when fully executed. Please send me a copy of vour letter transmitting the agreement to the County and the City for anaroval. cc: Paul7urek File gC County of McLeod 83011th Street East Glencoe, Minnesota 55336 FAX (320) 864-3410 .COMMISSIONER RAY BAYERL COMMISSIONER MELVIN H. DOSE 1st District 2M District Phone (320)485-2151 Phone (320)854-3304 20778 Cable Avenue 10782 Dlartrond Ave. Lestsr Prairie, MN 55354 Glencoe, MN 55338 mrdose! hutchtel.net COMMISSIONER SHELDON A. NIES COMMISSIONER BEV WANGERIN stn aetriet stn ofeaict Phone (320) 587-5117 - Phone (320) 587-8889 1118 JeHeBan Street Soutlr 10389 Judson Cirde Hutchinson, MN 55350 Hutchinson, MN 55950 Jennies@hutchtel.net rjmcgraw0hutcMel.net COMMISSIONER GRANT Q 1011lrSON 3rd DisMct Phone (320) 587A108 14287 CR7 Hutchinson, MN 55350 NAN CRARY- County AdmMrtetrator Pnone(320)884-13za~ Courttauae Gleraoe, MN 55338 nen.crary®co.mdeod.mn.ua RESOLUTION OS-RB-12-51 AGREEMENT BETWEEN McLEOD COUNTY AND MN/DOT N0.88759 FOR TRAFFIC CONTROL • u Nan Crary, County drninistrator McLEOD COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER ~ ~ 1 BE I1' RESOLVED that the County of McLeod enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To remove the existing traffic control signals and install new traffic control signals with street lights, emergency vehicle pre-emption, and signing on Trunk Highway No. 7/22 at Trunk Highway No. 15, Trunk Highway No. 7/22 at County State Aid Highway No. 7 (Bluff Street)/Adam Street and Trunk Highway No. 7/22 at School Road; and install Interconnect on Trunk Highway No. 7/22 from Trunk Highway No. I S to County State Aid Highway No. 7 (Bluff Street)/Adam Street in accordance with the terns and conditions set forth and contained in Agreement No. 88804R, a copy of which was before the Board. BE IT FURTHER RESOLVED that the proper County officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the County all of the contractual obligations contained therein. CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by McLeod County at a duly authorized meeting thereof held on the 8th day of November, 2005, as shown by the minutes of said meeting in my possession. RESOLUTION 12854 BE IT RESOLVED that the City of Hutchinson enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To remove the existing traffic control signals and install new traffic control signals with street lights, emergency vehicle pre-emption, and signing on Trunk Highway No. 7/22 at Trunk Highway No. 15, Trunk Highway No. 7/22 at County State Aid Highway No. 7 (Bluff Street)/Adam Street and Trunk Highway No. 7/22 at School Road; and, install Interconnect on Trunk Highway No. 7/22 from Trunk Highway No. 15 to County State Aid Highway No. 7 (Bluff Street)/Adam Street in accordance with the terms and conditions set forth and contained in Agreement No. 88804R, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICATION State of Minnesota City of Hutchinson I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Hutchinson at a duly authorized meeting thereof held on the day of 2005, as shown by the minutes of said meeting in my possession. By: Title: (Seal) ~c~~ MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 88804R BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE COUNTY OF MCLEOD AND THE CITY OF HUTCHINSON TO Remove the existing Traffic Control Signals and Install new • Traffic Control Signals with Street Lights, Emergency Vehicle Pre-emption and Signing on Trunk Highway No. 7/22 at Trunk Highway No. 15, Trunk Highway No. 7/22 at County State Aid Highway No. 7 (Sluff Street)/Adam Street and Trunk Highway No. 7/22 at School Road; and install Interconnect on Trunk Highway No. 7/22 from Trunk Highway No. 15 to County State Aid Highway No. 7 .(Bluff Street)/Adam Street in the City of Hutchinson; McLeod County, Minnesota S.P. 4302-44 (T.H. 7=119) S.P. 4304-51 (T.H. 15=151) S.P. 4308-25 (T.H. 22=22) S.P. 4308-31 (T.H. 22=22) Federal Project STPX 4301 (012) Prepared by Pre-Letting Services ESTIMATED AMOUNT RECEIVABLE • County City of of McLeod Hutchinson $54,081.00 $155,169.00 AMOUNT ENCUMBERED None Otherwise Covered -~- r`\ g""J Agreement No. 88804R PARTIES This Agreement is entered into by the State of Minnesota acting through its Commissioner of Transportation, (State), and the County of McLeod, (County), and the City of Hutchinson, (City). RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system.. The State has determined that there is justification and it is in the public's best interest to remove the existing traffic control signals and install new traffic control signals including. street lights and signing (Traffic Control Signals) at the locations set out in this Agreement, and install traffic signal interconnect (Interconnect) on Trunk Highway No. 7/22 from Trunk Highway No. 15 to County State Aid Highway No. 7(Bluff Street)/Adam Street in accordance with State plans, specifications and special provisions designated as State Projects No. 4302-44 (T.H. 7=119), No. 4304-51 (T .H. 15=151), No. 4308-25 (T.H. 22=22) and No. 4308-31 (T.H. 22=22) and in the records of the Federal Highway Administration as Minnesota Project STPX 4301(012). - 2 - l~~ Agreement No. 88804R .The City requests and the State agree to the installation of Emergency Vehicle Pre-emption Systems (EVP Systems) as a part of the new Traffic Control Signal installations. It is considered in the public's best interest for the State to provide a master controller, new cabinets and control equipment. and new service cabinets with battery backups (State-furnished materials) to operate the new Traffic Control Signals. The County, City and the State will participate in the cost, maintenance and operation of the new Traffic Control Signals, Interconnect and EVP Systems. • CONTRACT 1. The State will prepare the necessary plan,. specifications and proposal (Preliminary Engineering). 2. The State, with its own resources or by contract, will remove the existing traffic control signals and install new Traffic Control Signals and EVP Systems on Trunk Highway No. 7/22 at Trunk Highway No. 15, Trunk Highway No. 7/22 at County State Aid Highway No. 7 (Bluff Street)/Adam Street and Trunk Highway No. 7/22 at School Road pursuant to State Project No. 4302-44. 3. The State will perform all construction engineering • and inspection functions (Construction Engineering) in -3- g Agreement No. 88804R C~ connection with the contract construction and perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 4. The cost of construction (Construction Cost) consists of the contract cost of the work and State-furnished materials, or, if the work is not contracted, the actual cost of all labor, materials, State-furnished materials and equipment rental required to complete the work. Construction Cost does not include the cost of providing the power supply to the service poles or pads. A Preliminary SCHEDULE "I" is attached and incorporated into this Agreement. The Preliminary SCHEDULE "I" includes all County and City Construction Costs, and is based on engineer's ,estimated unit prices and State-furnished materials lump sum amounts. The County and City. will participate in the following construction at the percentage indicated: a. Construction Costs on T.H. 7/22 at C.S.A.H. 7 (Bluff Street)/Adam Street (System "B".) The County's Construction Cost share is 25 Percent. The City's Construction Cost share is 25 Percent. b. Construction Costs on T.H. 7/22 at School Road (System .. C ... ) The City's Construction Cost share is SO Percent. - 4 - ~c~) Agreement No. 88804R c. Construction Costs for Interconnect on T.H. 7/22. from T.H. 15 to C.S:A.H. 7 (Bluff Street)/Adam Street. The County's Construction Cost share is 12.5 Percent. 'The City's Construction Cost share is 12.5 Percent. d. The County and City will pay a Construction Engineering charge in an amount equal to 8 percent of the total County and City Construction Cost, respectively, covered under this Agreement. 5. The County's and the City's estimated total Construction Cost share and Construction Engineering costs are $54,081.00 for the County and $155,169.00 for the City, as shown . in the attached Preliminary SCHEDULE "I." The-State will prepare a Revised SCHEDULE "I" based on construction contract unit prices and lump sum State-furnished materials cost. Upon execution of this Agreement, award of the Construction Contract, and receipt of the State's written request, the County and the City will advance to the State their total estimated Construction Cost share, which does not include the 8 percent Construction Engineering cost share, as shown in the Revised SCHEDULE "I." 6. Upon completion and acceptance of the contract construction and upon computation of the final amount due the State's contractor, the State will prepare a Final SCHEDULE "I" and submit a copy to the County and City. The Final • -5- ~«~ Agreement No. 88804R SCHEDULE "I" will be based on final quantities, and include all County and City Construction Cost and Construction Engineering covered under this Agreement. If the final cost of a party's participation covered under this Agreement exceeds the amount of funds advanced by that party, the party will, upon receipt of a request from the State, promptly pay the difference to the State without interest. If the final cost of a party's participation covered under this Agreement is less than the amount of funds advanced by that party, the State will promptly return the balance to the party without interest. Pursuant to Minnesota Statutes Section 15.415, the State waives claim for any amounts less than $5.00 over the amount of the County and City funds previously advanced to the State, and the County and City waive claim for the return of any amounts less than $5.00 of those funds advanced by either party. 7. The City will be responsible for the cost and application to secure an adequate power supply to the service pads or poles. Upon completion of this project, the City will thereafter pay all monthly electrical service expenses necessary to operate the Traffic Control Signals, Interconnect and EVP Systems. 8. Upon completion of this project, the City will, at its cost and expense: (1) maintain the luminaires and all its components, including replacing the luminaire when necessary; • (2) relamp the new traffic control signals and street lights; -6- Qr~ U`~~ Agreement No. 88804R (3) clean and paint the new traffic control signals, cabinets and luminaire mast arm extensions; and (4) paint and maintain the pedestrian crosswalk markings. The State will, at its cost and expense, maintain the interconnect and signing, and perform all other traffic control signal and street light maintenance 9. The EVP Systems will be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a. All maintenance of the EVP Systems must be done by State forces. b. Emitter units may be installed only on authorized • emergency vehicles, as defined in Minnesota Statutes Section 169.01, Subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units. c. Malfunction of the EVP Systems must be reported to the State immediately. d. In the event the EVP Systems or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after • the City receives written notice from the State, the '~_ gc~~ Agreement. No. 88804R r~ State may remove the EVP Systems Upon removal of the EVP Systems pursuant to this Paragraph,-all of its parts and components become the property of the State. e. All timing of the EVP Systems will be determined by the State. 10. Each party will be solely responsible for its own acts L~ and omissions and the results thereof, to the extent authorized by .law. Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs the State's liability. Minnesota Statutes Chapter 466 and other applicable law govern liability of the County and the City. Each party will be.solely responsible for its own employees for any Workers' Compensation claims.. 11. All timing of the new Traffic Control Signals will be determined by the State, and no changes may be made except with the approval of the State. 12. Upon execution and approval by the County, the City and the State and completion of the construction work provided for herein, this agreement will supersede and terminate Agreement No. 63492, dated July 21, 1986, between the City and the State, for the intersection of Trunk Highway No. 7/22 at School Road. 13. Upon .execution and approval by the County, the City • and the State and completion of the construction work provided - 8 - gc~~ Agreement No. 88804R for herein, this agreement will supersede and terminate Agreement No. 66657, dated March 30, 1990, between the City and the State, for the intersection of Trunk Highway No. 7/22 at Trunk Highway No. 15 and Trunk Highway No. 7/22 at County State Aid Highway No. 7 (Bluff Street). 14. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 15. If the State fails to enforce any provisions of this Agreement, .that failure does not waive the provision or its right to enforce it. 16. This Agreement contains all negotiations and agreements between the parties. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 17. Minnesota law governs this contract. Venue .for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 18. This Agreement. is effective on the date the State obtains all required signatures under Minnesota Statutes 16C.05, Subdivision 2, and will remain in effect until terminated by written agreement of the parties. - 9 - ~~ Agreement No. 88804R 19. The State's obligation to perform any work, or to let a Contract for the performance of the work, on the State Project referenced above, is subject to the availability of funding from the Minnesota Legislature or other funding source. 20. Authorized Agents a. The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 296-0969. b. The County's Authorized Agent for the purpose of the administration of this Agreement is John Brunkhorst, County Engineer, or his successor. His current address and phone number are 2379 Hennepin Avenue North,. P.O. Box 236, Glencoe, MN 55336, (320) 864-3156. c. The City's Authorized Agent for the purpose of the administration of this Agreement is Gary D. Plotz, City Administrator, or his successor. His current address and phone number are 111 Hassan Street South East, Hutchinson, MN 55350-2522, (320) 234-4209. - 10 - ~) Agreement No. 88804R COUNTY OF MCLEOD ECOMMENDED FOR APPROVAL: County Highway Engineer By: ~i~1~1 ~ay~~ Cha'rpereon the Board Date: ~~~~~~ By: Title: ~ 'y,• v Date: ~ O CITY OF HUTCHINSON By: Mayor • Date: - 11 - By: Title: Date: gc~~ • DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: District Engineer COMMISSIONER OF ADMINISTRATION By: Date: • - 12 - Agreement No. 88804R DEPARTMENT OF TRANSPORTATION By: State Design Engineer Date: DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACT MANAGEMENT As to form and execution: By: Date: Contracts Administrator ~~ M~5 C~7g u ~ ~ a. ~ ~-cr ?-a !.~ ~ ~ mo i ~ ~ i O~ 4.7 G3 G7 CfY -.{ n r.F ~ ~ ~ . w--. ~ Wy ~ .. G. ~ ~ S7 ~ ~ . QO f.~:C'i ,~, ~ .. :~ I ~ .r ~ ~ p ~ ' ,.,,7 ~ ¢ f~ C'~3 ~ , ~ I °' ~ ha w ~ ~ ~ n ...,~ ra ~ ' ~ l k it „rl ~ m ~ ~ ` ~^ , o ~ ~ ~ ~ p . y .~ .~. 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Lh C7 ' O '~ . ~ tJV C7 '~ "C7~ . «r . a s a ~ ~ O a a ~ '~ ~ ~ o A ~ ~ ~ ' ~~} _ ~ ~ ~ '~ 1 ~~ ~ ~ ~ ~ ~ .f ~ .~ ,~ f; 6! ... &9 i }-. i s .~ ,:~ VI Wa, i+. ~~W ~ ~a Y jy w +p ~ ~ n a ga a.15 .~ 6F3 Sli ~.0 ~ 1~„ .~ ~, ~., ~ a Cv 4 ! ~:. ~h ~C+ t v , V Q 'C9 WA OQ O ~ 'J 'C: ~ '~` ~ Y ,` " 4 S r t ~A I [7~~. ] 1 ~"n. ~3 ^a. 4 r'1' ~ ~. + CT : C!i l/1 r p UO '°"n ~ m ~ ~~~' r a~ c~ ~ a Q e ~ ' '~ O ~C~ ~ Y ~~ Ca C 3 ~ ~ C o . , ~ a i ~ ~ ,~ ~ 3 ~ ~ , ~ .' rte: :, ~. s • Nov.l6 2005 3~31PM l 1-16-OS CITIZENS BANK HUTCH To Mayor and City Council, No•5539 P. 2/2 We, the families of the deployed soldiers, aze requesting permission to honor our soldiers by placing yellow ribbons on the trees/light poles on all of the entrances into our town and also on Adams Street from the entrance to Veterans Park. This will give the message of support and caring to the soldiers and their families that they aze not forgotten. We would tike to keep the ribbons up until they return home. Our soldiers aze constantly in our hearts and our community can share their support by remembering the soldier's service to their country in this way. If you have any questions regarding this request, please contact Julie Olson @ 234-7175 or Mandy Fabel @ 583- 4832. Please contact us at your eazliest convenience regarding this request. We thank you in advance for considering this support of our soldiers. Sincerely, Tho Family Readiness Group for Hutchinson qc~~ C Office of the City Attorney 111 Hessa¢ Street SE Holrhm«tn, MN 55350.2522 320.587.5151/Fax 320.2344240 M E M O R A N D U M TO: Mayor Cook and City Council Members FROM: Mazc A. Sebora, City Attorney DATE: November 16, 2005 SUBJECT: Special Municipal Election -City Charter Amendment As we discussed at the last City Council meeting, a sufficient number of signatures has been obtained on a petition for a City Charter amendment. According to state statute, an election must be held within 90 days of verification of the sufficiency of the signatures, which was November 2, 2005, in this particulaz instance. Although this may seem like a very simple election, there aze still mandated timelines that must • be complied with. Some of these include appointing election judges at least 25 days prior to the election, allowing for absentee voting 30 days before the election, and providing at least 53 days notice of the election to the McLeod County Auditor. Because of these timelines, I would recommend that the date of the municipal Special Election be held January 30, 2005. As a cost savings measure, Melissa Stazke, Election Administrator, has recommended conducting the election via paper ballot as opposed to using the automated method. This will save on ballot printing and programming costs. I will be happy to address any other questions regarding this at the CityCouncil meeting. Printed on recycled paper.- /~ /~\ "l I` J\ UNCOMPLICATED ACQUISITION APPRAISAL C.S. 4302 (7=119-22-2) Present Use Residential . Parcel No. #206 Highest 8 Best Use: Owner City of Hutchinson BEFORE: Residential Property Address TH 7122 East After. Residential Project comparable sales book al of Parcel No. Comparable sales attached hereto: X value in LAND TO BE ACQUIRED: SFlLakeshore @ $ 4,030 SF Acres/SF @ $ Acres/SF @ $ Total 3..60 _$ _ $ 14,508.00 _$ EASEMENT TO BE ACQUIRED: Temporary Permanent SFlLakeshore @ $ _ $ Acres/SF @ $ _ $ Acres/SF @ $ - $ .Total IMPROVEMENTS TO BE ACQUIRED: DESCRIPTION OF IMPROVEMENTS: $ $ 14,508.00 a DAMAGES TO REMAINDER: Description of Damaoed Item: Total Estimated Fair Market Value of Acquisition 8 Remainder Damage: ROUNDED Appraiser /J• C`i~~~~~""r' Skip Sherstad, License #4002296 Date of Signature: 8-23-05 $ 14,508.00 $ 14,600.00 ~~~ fV)In yry• ®I rr 1°1 tx .M[RIIAt( ~~ ~ ~ - II \ y \ kan~ x° IS 1111N RtYf i / y YI ]°if O / i r /s r.{ tl ]i .1 „ j Ilm A Q. `R C\ A ' N.R. 17 ~ I 1 ~ ~. ~ ~ ~ R"-~' I(rn AH. R.. ~S:"~=.. 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[ an R'I [. • L ,YL A t/.~ A Rf(. fN R n. % n I n 1 Arcs ~ <R eult Arc ~ ° © // I L s f f tR ' I F . s.v ® ast Arc. tx ~. Y F• '~ .~~ R f I/"~ ~ ~ ~ SLLPOf ~w [ ~ u[n 1, ~ / ~ ~~ FNi i O AAf. OR.f.R. R A S.f. m'. :t ': ; ;' COMP. #1 ~ ~ `/ ~`'~''a. I . y , G LoAloNtax Arc s... `> _. m __ a~.~~i'~~~ ''a,. A ,a-- : In Rx uRR ~ I ~ n:a .:fjf.c.. I w n ~ L ~ oso. I: t Rin .. I jun O O BJ~ Is ~ ups ~ #~ `C.. ='?~ J~_:: ;; [ S F ~ _~ : ~, COMP. ~ 1~, ~g, / q i r^\ I~ \\ Hut chlnson I~~ - ,®~ ~ ~r ~f eirnnrt ,/ooT parsk.cel f~0®G'li~ ®~ ~~~ P~1(~Cl~d dA?l®~9g;/'~"°j~t INNESOTA DEPARTMENT OF TRANSPORTATION ~pographle infonnatlon requlred~ Proposed R/N Ilne L acaess taking. Lot Imes 6 dtmenslons. pow north arror: Outline d loon+lon of bullCinge & Improvements. Streets or highway frontage. .5. 4302(7=119-22-2) ~.P. 4302-44 COUNTY MCLEOD PARCEL N0: 206 OWNER CITY OF HUTCHINSON Sccle 1" = 100 ft. 8 ~~ < o asn. as lr. ~. ~ _ c_c• RIGHT OF WAT ~.. ._ ._ IN 70WNSITE OF HUTCX I NSON YOR7N XALF " ~. ~ PARCEL OWNER LOT BLOCK a`... ~ ~ ~+~' °~• o..• `s°e: ,~, . ~ r+ C.S. 4302(7.119-22-2) PLAT 43 dT , S. P, 4302-44 ~ ~~~ Layout sketch by SJP Data 6-7-d5 Parcel No. 2~ /September 12, 2005 430220&.222 FEE ACQUISITION Parce1206 C.S. 4302 (7=119-22-2) S. P. 4302-44 All of the following: MJS SJP That part of Lot 11, Block 14, Townsite of Hutchinson North Half, shown as Parcel 206 on Minnesota Department of Transportation Right of Way Plats Numbered 43-46 and 43-47 as the same are on file and of record in the office of the County Recorder in and for McLeod County, Minnesota. ~J ~~~=~ Both sales are typical of residential lots in the mazket. Sale #1 is in an established neighborhood similaz to the subject. It indicates the highest value for residential lots and I is used to indicate residential value of the subject tracts. e 1 a --- is typical of many lot sales now occurring in that azea. We are seeing the value range between a fully developed lot with mature landscaping in a finished neighborhood and a baze lot ready for development in a new neighborhood. $3.60/SF will be used as a representative value for residential acquisition. Temporary easement lands will be at 30% of fee or $1.08/SF. DESCRIPTION OF TFIE ACQUISITION: The acquisition consists of a strip of land measuring between 45' and 50' along the entire 85' width on the most southwesterly portion of the lot. The acquisition azea is 4,030 sq. ft. A pazcel sketch follows showing the acquisition azea highlighted in green. DESCRIPTION AFTER ACOUISTTION: I • I~ The parcel will have been reduced in size by 4,030 sq. ft. DETERMINATION OF DAMAGES: Damages. include the value of the land. Land purchased (4,030 SF @ $3.60/SF) Total Rounded $14 508.00 $14,508.00 $14,600.00 All damages aze attributed to the fee taking. Ciry of Hutchinson, 6 ~c~~ CITY OF HUTCHINSON TRUTH IN TAXATION HEARING AGENDA Hutchinson City Council LOCATION: Hutchinson Events Center Tuesday, December 6, 2005 I. Call Meeting to order - 5:00 P.M. II. Public Hearing -Truth in Taxation A. Truth in Taxation Hearing - Action -Motion to close hearing III. Miscellaneous IV. Adjourn By law neither budget nor tax levy can be adopted at this public hearing L~ City of Hutchinson Budget & Tax Hearing Tuesday, December b, 2005 5.00 p.m. Tax 8 Budget Clty O~ HUtCl~inson Hearing COUNCIL BENCHIVIARI{S Reduce LGA Revenues to Genoral by 1i3% 2D06 LGA General Fund reduced by $2D0,000 Sei up $200,000 "rainy day fund" Restrict Rise in General fund [evy increase to 5% Current proposed TOTAL Tax levy dollar i ncrease 5.79% Tax Levy Rate DECREASE from 59.363°J 2rs estimated 57.934% {2.d% reduction) Implement 5 -Year Budgeting of Revenues & Expenses fund levy increase to 5°fo General Fund 5 Year Budget witft general assumptions implemented Total Property Tax Rate Position Amount 25 Regional Centers Should Not Increase 2005 Position Decreased tay TWO Positions for Total lax Levy City of Hutchinson B~,~g~t Tax Levy Comparison 2Q(]4 2005 20i1G Revised City ,.r FMichl,uo„ Te v to ry 8 0PO OPO . , $5,925.896 55,310,000 s.oaP OPn 5478P,6Pc - - i:~s cs5 r +3t;aoo a.oPP,99a i,zae,.oo iea eao 153,1ap , 3 C0P PO / ~ . A } - 2, ago AOU 8f/~ ] ', 3.624.IXxi 7,358.?90 , 1 oPP oPP ~ , . zoz. zoo; - zaocr .wam osn so~d~ +.zst poo ~ ~~ Szs oss ® t3 b aaod. 153200 159 500 ~ 157,dOb o Ga~eial Fu.ntl 3,359,289 5.606.290 3.024.090 Y~ ar Tax 8/ Budget city of Hutchinson Hearing 21104 2065 2006 TNT Notices 264& Revised Assessors Market Value 565,465,St10 728,250,8DO 8UU,5852170 80U,5b5.200 Tax Gdpacily 7,787,498 8,488,378 9,177,856 9,177,656 City of Hutchinson Tax Levy 4,780,884 5.,025„890 5,540,856 5,318,60E Tax Rafe 61.550 % 59. 383% 60.373 % 57.834%. Assessors Market Value is the va.Eue of the property determined by the C4Urlty A552554r Changes re541t ir4m neW C9n5ttUCtlon anti inCfeaSe Of exi5ling property driven by saf es within the city of comparable properly Tax Capacity numbers are generated by a state statute rormura applied by properly classification Tax Levy is the amnunt n( taxes the r9ty has rPriuPS1ed Tax Rate is the percentage of tax levy divided by Tax Capacity. This is rate that is applied So the indlNduai pr4perky tax capacity nurrlber Tax ~ Budget City of Hutchinson Hearing Estlmiated Aasese.ora hlerNsl Velua Valor fcr f allwri9g year reY psyehfe aaopOPa -- sso6,5s5,2mo ~, amm mmm mam - - , , 5665,466.506 iJ2c,2:R.!!06 16b,mOd,PP6 - - - 1 600080 65 0 - __ :Am aQm Pm S}J A6f fiM ~ , B 543 450.600 ^ B ldag ap0900 000 ~-9~~4mc ^Lend , 3md PW OPP - - , , fbw Cgnstrudbn ac Sf e.~oc,f 00 208 000 000 - 04 S16.f 66,]00 f 6Q m0O 080 22J 19:i;6mm , , iEP,1p1,4fq 1~~.~ _- , LJVJ pay llima 209d psY 2PG3 2065 pay 200fi City of H~.ttehinson Budget Ciy of Hutchinson -City Tax Rate Pafcen9ege 3 zaoa zoma AOm4 NP9 rooa 2809 ~a~e.s corryulPd Pang hLLeod County RiT lax. Yaer capacity Tax ~ Budget C1ty {~~` HUtChlriS~n Hearing Tex Dollar For Servicing of City Debt Generall Obligation Special Assessment Bonds Bonds for infrastructure work such as stree# including curb gutter, storm water, water, wastewater Repayment Charged to °'L3enefiting" properly General Tax base 2006 levy $1,335,086 General Obligation Bonds - Hutchinson Area Transportation Building Bonds paid by general tax base General lax base 2006 levy $157,6007 Tax ~ Budget City of Hutchinson Hearing 2005 2006 GENERAL FUND REVENUES 205 Revenue bysource 2008 Revenues by Source FINESa s~,ras,aaa sto,alo,aai FORFEITS RE~IBURSEM LINES 8 1°h REI1ti+6URSEM ENTS FORFEITS ENi5 ° 2k 1% FER g~, S R INTERESTGN 16 TAXES ~TERESTON 1 TAXES INVESTNENTS~ -- e 38°/, ItV4ESTA~NTS-- - 37°la p°~ V 1°~0 PERMITS - CHARGES 3°h LICENSES CHARGES FOR INTERG04ER 8% INTERGOVER LICENSES SERVICES NNENTAL FOR Nlu€NTAL 0% PERtv~TS SERVICES 1596 REVENUE ~° 3°~0 15% REVENUE --_. Tax s Budget City of Hutchinson Hearing 2085 Budget 2006 Proposed Ueneral Fund Revenues 9,500.600 ua,oo0 ].500.600 a.ooa.GOo 2,609,000 2,000;080 1,500,080 s,8a9;ooo sno.coa 0 General Fund Revenue Sources o°, M ,~ dp 61 _..__ _._ _ - __ - ___- - .. -. - -- ___ - ~ ~ - m ,n ~~~ _ -..~-rv _- O~ m zoas pp -~ 0?GG6 O 6 lh ~ n p O y _ ~ ~ml-~ ['a O o O f7 a ~~+-~ r tD u) - Calegaries Tax & Budget Hearing City of Hutchinsan 2005 2~1OG General Fund Cxpendi[ures ~W5 sunmaryof expenses 2066 C>~neral Fund Summaryaf E~yenses TRANSFERS 149 d$4 59 DEBT SEE~6,41O,p37 OUT i , SERVICE OUT OTHER g% MSGELflAtiEUU CAPRAL try, 5% CAPITAL MSCELLANE© SER41CES8 ~EBTSER S OUTLAYS OTHER OUTLA US CHARGES 2% 1% 1% 1 SERNOES& 2% I7% CHARGES ~-__ ~ ~- CON$UL~1NG 17% SALARIES 3N, -- SALAAIE58 FRINGE FRINGE CONSULTING SUPPLES, BENEFffS SUPPLIES, UENEFRS 3o- REPAIRS & 65% REPNAS &4rW'N @5% MAIN 5% 5% 3 Zw ~ ~ ~ ~ z~ ~ ~ N W 0! W N U ~ ~~ ~ ~ d ~ Q fI~1 w ~ N ~ ~ ~ m O ~ [a w - ~ (7 ~ 2 W W u ~ r Tax 8 Budget City of Hutchinson Hearing 2pp5 Budget 2p06 I;ropost=d (icneral Fund Expecidirture 8.f C9 a~~~ s:999 on9 <,909 099 3,000,9 W 2.000.009 t.99o.099 0 SALARR58 SSP0.~, CONSLLPING VY44fl S~lICES C~TSHTJICE :fiAtiFHei Olfr MEGaLARL lJE F(ttlGE BLMFRS I+T?A PLS 6 MM N & CF+A RG~ p11R4 YS ^ zoos ® 29C6 Tax 8 Budget City of Hutchinson Hearing 2005 Budget. 2406 Proposed General Fund Expenses General ~c9n ~0©5 zoos ~~A P,RA np F~~ncr[nn m.9oo,99a 3,SP0.99a 3,000,090 2.500.090 z,9oo,99a P soo,99a 1,000 096 soo naa 9 V GEMERPL Rl16tIG SAFErV STR~L:i58NI0GHWAYS CULTURES A1RPpRT MSCELLANE OVS GOVERNMENT RecaeanoN I'irc truck payment, Police, Fire, Inspections, cnnrp & linh Insurance, Emergency mgmL & transfers out, Safety Cammiuee contingency Tax ~ Budget City o f Hutchinson Hearing GENERAL FL~1D Staffing Add full time Public Works with partial offset of temporary wages Mave Forester to Public Works Add full timc InfcrmaGon Technology Staff Fund'fi time Personnel support staff Fund full time Police Office July 1 start (reduction of CSO officer) Fund 4t" Quarter start Finance Person {reduction from full time) Provided fdr 4.1 % wage adjustmen# and new compensation plan ImpCement City Wide Mnsquitn Program Add road maintenance money reducing bonding need Fund Benchmark budget project Airport StatelFederal matching funds from unused bond fund Created Contingency -for City Council discre#ionary adjustments Tax 8. Bludget City of Hutchinson Hearie~g 2°OB Usa of Cilye Reel Ealete Tex Colt®ctetl MiSC£LLN~.ECi~S 9 9E% .4RP9Rr tla3?s tlebi SeMCa GU6rURE 9AEGn CATipN ~- -- 286616 iz ~~~, `~-.` srar[Tf631^.t ~~wnra ~~ ~ f - - _ _ GEtyEax. ~P ~wwnEHr PV BLIC :i/YE fY ]A ei V Tax 8 Budget City of ~1,itChlriSOn Hearirfg MINNESOTA PROPERTY TAX REFUND PR(3GRAMS Regular Property Tax Refund Income based Household size Amount of real estate tax paid SpeciaE Properly Tax Refund hi0 LIMIT pn household income Tax must have increased 12 percent or mare and beaver $1aJ0 Maximum refund is $1,000 Sentor Citizens Deferral Income of $eo,ooo or less Must be &5 years of age qr glder Limits the amount you pay to 3% of income Slate pays tax and is c~nnsider a Iqw i nteres! loan Interest addetl each year a1 role determined by Slate will never be higher than 5 Payabto at time propeny Is sold . Notice of Public Hearing on Proposed Total Budget and Property Taxes The Hutchinson City Council will hold a public hearing on its budget and on the amount of property taxes it is proposing to collect to pay for the costs of services the city will provide in 2006. SPENDING: The budget amounts below compare the city's 2005 total actual budget for general fund and debt service funds with the amount the city proposes to spend in 2006: 2005 Total Proposed 2006 Change From Adopted Bud¢et Budeet 2005 - 2006 $12,506,751 $13,285,142 6.2% TAXES: The property tax amounts below compaze that portion of the current budget levied in property taxes in the city of Hutchinson for 2005 with the property taxes the city proposes to collect in 2006. 2005 Property Proposed 2006 Change from Taxes Property Taxes 2005 - 2006 • $5,025,890 $5,540,856 10.2.% LOCAL TAX RATE COMPARISON: The following compares the city's current local tax rate, the city's tax rate for 2005 if no tax levy increase is adopted, and the city's proposed tax rate for 2006. 2005 Property Taxes Rate 59.209% 2006 Tax Rate if No Levy Increase 54.762% 2006 Proposed Tax Rate 60.373% Attend the Public Hearing All Hutchinson residents aze invited to attend the public hearing of the city council to express their opinions on the budget and on the proposed amount of 2006 property taxes. The hearing will b~ held on: Tuesday, December 6, 2005 at 5:00 p.m. Hutchinson Events Center 111 Hassan Street SE Hutchinson ~J If the discussion of the budget cannot be completed, a time and place for continuing the discussion will be announced at the heazing. You are also invited to send your written comments to: City of Hutchinson Mayor's Office 111 Hassan Street S. E. Hutchinson, MN 55350 n U • PUBLISHED NOTICE TAX RATE CALCULATION FOR MCLEOD COUNTY CITIES Brownton Glencoe Hutchinson Lester Prairie Silver Lake Stewart Winsted 1. Payable 2005 Property Tax Levy Data a. Total Net Tax Capacity Levy 258,248 1,518,000 5,025,890 450,300 347,230 243,047 906,136 2. Payable 2006 Property Tax Levy Data a Total Net Tax Capacity Levy 249 022 1 704,466 5 540 856 501 003 395,745 298,948 1,030,133 3. Taxable Net Tax Capacity a. Payable 2005 273 386 2 592 575 8 488 378 665 625 339,559 181,312 1,220,706 b. Payable 2006 289 192 2 815 164 9,177 656 815,601 387,161 201,886 1,389,427 4. Determination of the Payable 2005 Tax Rate a. Net Tax Capacity Lew (1 a) 1 347 136 1 5. Determination of the Payable 2006 No Levy Increase Tax Rate a. Net Tax Capacity Levy (ta) 258 248 1 518,000 5,025 890 450 300 347,230 243,047 906,136 b. Payable 2006 No Levy Increase Tax Rate YSa/3b1 89.300% 53:'922% ' 54.762% 55.211% 89.686% .120.388% 65.217% 6. Determination of the Payble 2006 Proposed Tax Rate a. Net Tax Capacity Levy (2a) 249,022 1 b. Payable 2006'Proposed Tax'Rate (6a[3b) 86.110% 501,003 395,745 298,948 1,030,133 X1:428% 102.217% 148.078% 74.141% Filename: TNT Tax Rate Calulation-Cities.xls Date: 11/21/2005