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cp11-08-2005 cAGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL • TUESDAY, NOVEMBER 8, 2005 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 OCTOBER 25, 2005 (b) BID OPENING MINUTES OF OCTOBER 31, 2005 (c) MINUTES FROM DANGEROUS DOG APPEAL HEARINGS OF OCTOBER 18, 2005 Action - Motion to approve as presented 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. 05-0419 -REZONING FROM I1 TO R2 FOR PROPERTY LOCATED AT 997 ROBERTS ROAD SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (SECOND READING AND) 5. ORDINANCE NO.OS-0420 - AMENDMENT TO HUTCHINSON CITY CODE SECTION 154 TO ADD LANGUAGE REGARDING TUBE TRUSS BUILDINGS WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (SECOND READING AND) 6. ORDINANCE NO.OS-0423 - ANNEX 5.9 ACRES OF ROAD RIGHT OF WAY (ST"AVE. S.E. FROM THE CITY LIMITS TO HWY 22) OWNED BY MCLEOD COUNTY AND THE STATE OF CITY COUNCIL AGENDA -NOVEMBER 8, 2005 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 Action -Motion to approve consent agenda 6. PUBLIC HEARINGS - 6:00 P.M. -NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF PURCHASING BOOKING/MUG SHOT SYSTEM AS REQUESTED BY THE HUTCHINSON POLICE DEPARTMENT Action - Motion to reject -Motion to approve (b) ORDINANCE NO.OS-0421 -ORDINANCE GRANTING AUTHORITY TO OBTAIN CRIMINAL HISTORY INFORMATION (SECOND READING AND ADOPTION) Action -Motion to reject - Motion to approve (c) CONSIDERATION FOR APPROVAL OF AGREEMENTS WITH THE STATE OF MINNESOTA FOR CONSTRUCTION OF HIGHWAY 7/15/22 Action -Motion to reject -Motion to approve NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF 2006 COMPENSATION PLAN Action - Motion to reject -Motion to approve (b) CONSIDERATION FOR APPROVAL OF INSTALLATION OF FIBER OPTIC CABLE Action -Motion to reject -Motion to approve (c) CONSIDERATION FOR APPROVAL OF WASTEWATER OPERATIONS CONSULTINGAGREEMENT Action -Motion to reject -Motion to approve (d) CONSIDERATION FOR APPROVAL OF PURCHASE OF SKYDIVE HUTCHINSON PROPERTY FOR AIRPORT AND MUNICIPAL USE Action -Motion to reject -Motion to approve (e) DISCUSSION OF POTENTIAL REVISIONS TO HUTCHINSON'S MUNICIPAL STATE AID STREET SYSTEM Action - (f) CONSIDERATION FOR APPROVAL OF AMENDMENT TO SEWER SERVICE CHARGE SYSTEM • CONSULTING AGREEMENT WITH DONOHUE Action -Motion to reject -Motion to approve 2 CITY COUNCIL AGENDA -NOVEMBER 8, 2005 (g) CONSIDERATION FOR APPROVAL OF SETTING JOINT MEETING WITH HUTCHINSON UTILITIES . COMMISSION ON NOVEMBER 30, 2005, AT 4:00 P.M. (UTILITIES RATE STUDY) Action -Motion to reject -Motion to approve (h) CONSIDERATION FOR APPROVAL OF SETTING CITY COUNCIL BUDGET WORKSHOP 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, OCTOBER 25, 2005 1. CALL TO ORDER - 5:30 P.M. Mayor teve oo ca e t e meeting to order. Members present were Bill Arndt, Kay Peterson, Jim Hau~en and Casey Stotts. Others present were Gary Plotz, City Administrator, John Rodeberg, Drrector of Engineering and Marc Sebora, City Attorney. 2. INVOCATION -Due to the absence of Rev. Scott Daniels, Vineyard United Methodist Church, the invocation was dispensed. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF OCTOBER 11, 2005 (b) BID OPENING MINUTES OF OCTOBER 7, 2005 (c) BID OPENING MINUTES OF OCTOBER 11, 2005 Motion by Haugen, second by Stotts, to approve the minutes as presented. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS • 1. PARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES FROM AUGUST 1, 2005 2. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM SEPTEMBER 20, 2005 3. PLANNING COMMISSION MINUTES FROM SEPTEMBER 20, 2005 4. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM SEPTEMBER 20, 2005 5. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM JUNE 16, 2005 6. MOTOR VEHICLE MONTHLY REPORT FOR AUGUST.2005 7. BUILDING DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2005 8. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FOR AUGUST 2005 9. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR SEPTEMBER 2005 10. CITY OF HUTCHINSON WATER/SEWER/REFUSEFINRNCIAL REPORT FOR SEPTEMBER 2005 11. CITY OF HUTCHINSON GENERAL FUND FINANCIAL REPORT FOR SEPTEMBER 2005 12. CITY OF HUTCHINSON INVESTMENT REPORT FOR SEPTEMBER 2005 (b) RESOLUTIONS AND ORDINANCES • 1. RESOLUTION NO. 12839 -RESOLUTION CERTIFYING ASSESSMENT OF THE CITY OF HUTCHINSON ~1~~-) CITY COUNCIL MINUTES- OCTOBER 25, 2005 2. RESOLUTION NO. 12841 -RESOLUTION FOR PURCHASE (UNLEADED GASOLINE) • 3. ORDINANCE NO. OS-0421 -ORDINANCE GRANTING AUTHORITY TO OBTAIN CRIMINAL HISTORY INFORMATION (SECOND READING AND ADOPTION) 4. ORDINANCE NO.OS-0422 -ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY (FORMER WETHERALL PROPERTY) IN THE HUTCHINSON INDUSTRIAL PARK (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A REQUEST TO ANNEX 5.9 ACRES OF ROAD RIGHT OF WAY (5TH AVE. S.E. FROM THE CITY LIMITS TO HWY 22) OWNED BY MCLEOD COUNTY AND THE STATE OF MINNESOTA WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. OS-0423 FOR NOVEMBER 8, 2005) CONDERATION OF AMENDMENT TO HUTCHINSON CITY CODE SECTION 154 TO ADD LANGUAGE REGARDING TUBE TRUSS BUILDINGS WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WANE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. OS-0420 FOR NOVEMBER 8, 2005) (d) CONSIDERATION FOR APPROVAL OF CURRENCY EXCHANGE LICENSE RENEWAL FOR WALMART (e) CONSIDERATION FOR APPROVAL OF ENGINEERING SERVICES AGREEMENT WITH EARTHTECH • FOR EAW FOR TREATMENT PLANT WETLAND (f) CONSIDERATION FOR APPROVAL OF DETOUR AGREEMENT WITH THE STATE OF MINNESOTA FOR HIGHWAY 7/15/22 (g) CONSIDERATION FOR APPROVAL OF ACCEPTING BIDS FOR LETTING NO. 19, PROJECT NO.OS-23 (WASTEWATER TREATMENT FACIILTY BUILDING 90 FILTER PRESS CONTROL PANELS) (h) APPOINTMENT OF HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY BOARD MEMBER TO AUGUST 2010 (JOEL KRAFT) Items 5(b)2, 5(b)3, 5(c)1, and 5(f) were pulled for further discussion. Motion by Stotts, second by Peterson, to approve consent agenda with the exception of the above mentioned items. Motion carried unanimously. Item 5(b)2 had further discussion. Mayor Cook asked how fuel is budgeted for with the fluctuation in prices. John Rodeberg stated that gasoline is bid out, however is purchased when the tank is very near empty. Ken Merrill, Finance Director, mentioned that the City has been fortunate as gasoline has been purchased when the prices have been on the more favorable side. A tank of unleaded gasoline typically lasts about a month and a half. Motion by Arndt, second by Haugen, to approve Resolution No. 12841, Resolution for Purchase. Motion carried unanimously. Item 5(b)3 had further discussion. Mayor Cook stated that the ordinance appeazs to be incomplete so he is suggesting tabling this item until more information is included. . Motion by Arndt, second by Peterson, to table this item to November 8, 2005. Motion carried unanimously. ~ ~a) CITY COUNCIL MINUTES-OCTOBER 25, 2005 Item 5(c)1 had further discussion. Council Member Arndt asked about this annexation and pointed out that all • of this azea would be annexed except for one portion. John Rodeberg stated that this azea needs to be annexed so it can become part of the City's Municipal State Aid program. The intent is not to force annexation of other properties, but to gain access to the State Aid program. Julie Wischnack noted that one property owner presented at the Planning Commission voicing concerns that he would be forced to be annexed. Ms. Wischnack noted that the annexation does not surround any property but abuts property. Motion by Arndt, second by Haugen, to approve annexation of road right of way on 5`s Avenue. Motion carried unanimously. Item 5(f) had further discussion. Mayor Cook noted that included in the packet was the incorrect resolutiomand no agreement was included. He asked if the item could be tabled to the next meeting. John Rodeberg said that would be acceptable and would not hinder any timelines with the schedule. Motion by Arndt, second by Haugen, to table this item to November 8, 2005. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. -NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS (a) ODOR CONTROL PRESENTATION BY ED NEVERS, DONOHUE & ASSOCIATES Ed Nevers, Donohue & Associates, presented before the Council. Mr. Nevers explained that an evaluation was completed of odor control at different facilities, those being the raw wastewater pumping station, preliminary treatment building and biosolids dewaterin~/processing building. Overall the evaluation concluded that the preliminary treatment building could be minimally treated for odor control. The biosolids dewatering operation has minimal odor and the drying operation does produce light odors. To decrease the odors it was recommended to implement an Enhanced System Management which includes a meteorological station, . produce alarms with unfavorable weather conditions and obtain services ofineteorological consultant to predict advantageous drying data. 8. UNFINISHED BUSINESS 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF ACCEPTING FUNDING AND PURCHASE OF EQUIPMENT FOR WILDLIFE AREA FIRES/SNOW AND ICE RESCUE PROCEDURES AS REQUESTED BY THE HUTCHINSON FIRE DEPARTMENT Brad Emans, Fire Chief, presented before the Council. ChiefEmans explained that the Fire Department would like to purchase ATVs for grass fires, ice rescue and trail rescue, trailer for transportation and a fire fighting skid. The total project cost for the equipment is $19,560.00. Funding was accomplished by a donation from the Crow River Sno Pros, a Rural Fire Assistance Grant from the US Dept. of the Interior -Fish and Wildlife Service and a financial contribution from the Fire Department. Motion by Arndt, second by Peterson, to approve accepting funding and authorize purchase of equipment for wildlife area fires/snow and ice rescue procedures as requested by the Hutchinson Fire Department. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF PURCHASING BOOKING/MUG SHOT SYSTEM AS REQUESTED BY THE HUTCHINSON POLICE DEPARTMENT Dan Hatten, Chief of Police, presented before the Council. Chief Hatten explained that the current system is outdated and the support company is no longer in business, thus no technical support should the system fail. Because of this, the police department is requesting that a new system be purchased for approximately $20,000. Mayor Cook suggested researching to see ~f a database could be incorporated to work with the system as an • alternative. Tom Kloss, Director of Information Technology, stated he would research compatibility of the systems and give a report at the next City Council meeting. ~ Q0.) CITY COUNCIL MINUTES -OCTOBER 25, 2005 Motion by Arndt, second by Haugen, to table this item to November 8, 2005. Motion carried unanimously. • (c) PRESENTATION BY DOLF MOON, DIRECTOR OF PARKS/RECREATION/COMMUNITY EDUCATION, ON CITY COUNCIL OBJECTNE OF COMMUNICATIONS Dolf Moon, Director of Parks/Recreation/Community Education, and Tom Kloss, Director of Information Technology, presented before the Council Mr. Moon stated that the objective of the group is to improve communication between City Council, public and other govenunental units. The team members included Dolf Moon, Tom Kloss and Dan Hatten. Other participants wrll include the City Council, city staff, media, school district, McLeod County. The group will be soliciting input from several different agencies. Mr. Moon further explained what the group has done to date. Focus group interviews were conducted, quarterly Council/staff meetings were initiated, a Joint City/County meeting was held and communication tools were implemented. These communication tools include Request Partner, web pages, and County/City data exchange. Some of the next steps for this objective aze to complete media interviews, interview Council Members, meet with school administration and create a communication method list. (d) PRESENTATION BY JULIE WISCHNACK, DIRECTOR OF PLANNING/ZONINGBUILDING, ON CITY COUNCIL OBJECTIVE OF DOWNTOWN PROJECTS Julie Wischnack, Director of Planning/ZoningBuilding, presented before the Council. Ms. Wischnack spoke about the Downtown Master Plan and the major components of it. These include implementing design guidelines, Adams Street improvements, Franklin Street improvements, Farmer's Market improvements, Post Office attention, Performing Arts Center creation, and First Avenue Redevelopment. Projects completed thus far that are part of the Downtown Master Plan include Main Street and Washington Avenue streetscape, "gateway" portion of the Crow River Commons, new liquor store, Hutchinson Hotel and State Theater. Protects that are the forefront include alley improvements, Crow River Commons, Downtown business pazk and building infill. • (e) REVIEW OF 2006 GENERAL FUND BUDGET PARAMETERS Ken Merrill, Finance Director, presented before the Council. Mr. Merrill requested that the Council clarify the parameters to be used for establishing the 2006 budget. His understanding is that staff has been directed to reduce the proposed budget by approximately $131,000. (f) CITY ADMINISTRATOR'S REPORT ON CERTIFICATION OF PROPOSED CITY CHARTER AMENDMENT Gary Plotz, City Administrator, presented before the Council. Mr. Plotz explained that at the last Council meeting a petition was received by the City Council for a City Charter amendment. Mr. Plotz stated that the signatures have been verified with those of registered voters and he has found that the number of signatures is insufficient as required by Minnesota statute. Marc Sebora stated that the petition committee has 10 days to submit the additional signatures to raise the level of required signatures. If the required number of signatures is reached within those 10 days, an election will be held for the Charter amendment. If those signatures are not obtained, the petition process would need to begin again. (g) CONSIDERATION OF CITY OF HUTCHINSON POLICY NO. 1.02 ENTITLED "AGENDA, CITY COUNCIL" Mayor Cook noted that approximately four months ago he requested that the City Council packet be put together earlier than it had been to increase communication with Council Members, media and the public. Staff attempted this for three months and some issues arose because of the earlier deadlines. Staff is suggesting that a draft agenda be provided by noon on Tuesday for use by the media and the final agenda information deadline be moved from Tuesday noon to Thursday noon so the packet can be distributed later on Thursday. • Motion by Stotts, second by Peterson, to revise City Policy No. 1.02 to amend the Council agenda deadlines to the following: deadline of agenda topics, Tuesday 12noon, deadline of supporting material, Thursday 12noon. Motion carved unanimously. 4 ~ ~~) CITY COUNCIL MINUTES -OCTOBER 25, 2005 • (h) CONSIDERATION FOR APPROVAL OF SETTING OFFICIAL MEETING FOR ROUNDABOUT OPEN HOUSE ON NOVEMBER 29, 2005, AT 6:00 P.M. John Rodeberg noted that a joint open house will be held with MnlDOT and the City. Mn/DOT is proposing a roundabout at North High Drive and Hwy 15 and the City is proposing one at Adams Street. Motion by Arndt, second by Haugen, to set Roundabout Open House for November 29, 2005, at 6:00 p.m. as an official meeting. Motion carried unanimously. (i) CONSIDERATION OF A VARIANCE TO REDUCE DRIVEWAY SETBACK FROM 5 FEET TO 0 FEET TO ADDRESS DRAINAGE PROBLEMS LOCATED AT 145 - lOT" AVE. N.E. WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12836) Julie Wischnack, Director of Planning/ZoningBuilding, presented before the Council. Ms. Wischnack explained that there was a split vote at the Planning Commission on this issue. Ms. Wischnack explained that neighbors have raised concerns about water running across the road. The recommendation was to approve by the Planning Commission with a 4 to 1 vote. Council Member Stotts noted that concerns had been risen by the neighbor to the south of this property. Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the north side of l Os' Avenue is about one foot higher in elevation than the south side of l Ow Avenue. The solution to this problem is to put in 70 feet of new curb line in front of the neighbor's house on the south. This will aid in the solution of curing the low spot. Council Member Arndt suggested putting a file line underneath the newly paved driveway. This would help with the water retention, however the street would need to be cut in to to find a pipe connection. • Kelly Goranson, 145 l Os' Avenue, presented before the Council. Mr. Goranson explained that water pools in his back yard and the gravel washes down to the road. Kent Exner has suggested .putting in a design (V notches) that will allow for better water flow to the catch basin. Julie Wischnack suggested adding additional conditions such as per the drawing submitted October 20`h and adding drain file underneath the newly paved driveway. Motion by Arndt, second by Peterson, to approve Resolution No. 12836, variance to reduce the driveway setback, adding the additional condition of "as submitted in the October 20s' drawing" and working with engineering on other solutions for the drainage problems. (j) 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. WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12837) Julie Wischnack presented before the Council. Ms. Wischnack explained that the Planning Commission recommended approval via a 4 to I vote. Ms. Wischnack further explained that in 1997 the City adopted a lot coverage maximum of 35%. One of these twin homes is for a disabled person and needs larger floor space. Motion by Peterson, second by Stotts, to approve Resolution Nos. 12837 and 12838, approving variance to • increase twin home lot coverage at 265 and 240 Ottawa Ave. SE. Motion carried unanimously. Mayor Cook suggested having staff and the Planning Commission review the ordinance again to determine whether or not 35% lot coverage is adequate or if it should be increased to 40% and if the requirement should be required for u ~4~ CITY COUNCIL MINUTES- OCTOBER 25, 2005 other residential property types for consistency. Paul Betker, builder, presented before the Council. Mr. Betker explained that homeowners moving into townhomes are moving from a 1400 sq. ft. home with a basement to a 1400 sq. ft. without a basement. Because of this, townhomes have started to be requested to be built larger to accommodate storage issues. (k) 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. WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12838) Motion by Peterson, second by Stotts, to approve Resolution Nos. 12837 and 12838, approving variance to increase twin home lot coverage at 265 and 240 Ottawa Ave. SE. Motion carried unanimously. Mayor Cook su~gested having staff and the Planning Commission review the ordinance again to determine whether or not 35 /o lot coverage is adequate or if it should be increased to 40%. (1) CONSIDERATION OF LOT SPLIT AND REZONING FROM I1 TO R2 FOR PROPERTY LOCATED AT 997 ROBERTS ROAD SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12842 AND WANE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. OS-0419 FOR NOVEMBER 8, 2005) Julie Wischnack presented before the Council. Ms. Wischnack explained that Goebel Fixture Company has requested a complete rezone. The Planning Commission was somewhat uncomfortable with that due to the loading dock being behind the pazcel. The recommendation was to create a lot split and keep Goebel Fixture Company in I1 and rezone the new parcel as R2. Motion by Haugen, second by Arndt, to approve Resolution No. 12842, approving lot split for property located at 997 Roberts Road SW. Motion carried unanimously. ~. MISCELLANEOUS (a) COMMUNICATIONS Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the City directors have compiled some information to prepare for the next City Council budget workshop. He requested to distribute it so that the Council would have ample time to review it. Bill Arndt -Council Member Arndt reminded citizens that snow will be flying soon and asked that they start practicing off-street parking. Gary Plotz -City Administrator Plotz stated that an RFP for the General Manager position at Creek Side has been advertised. Mr. Plotz also stated that a workshop has been scheduled for November 22, 2005. The originally intended scheduled topic was to review the assessment policy. It has been decided to move this topic to January. Instead, the directors aze requesting that they aze allowed the opportunity to give a presentation on their department breakdowns and how they relate to the essential services identified by the City Council. Motion by Stotts, second by Haugen, to set this topic as the agenda item for the November 22, 2005, City Council workshop. Motion carried unanimously. John Rodeberg - Mr. Rodeberg stated that the City has been recruiting for a senior wastewater operator for three years and a cun•ent operator has an offer by another community. The City has found that they pay considerably lower than other communities. Mr. Rodeberg is requesting that the Council authorize him the ability to alter the current employee's wage to retain him. Motion by Peterson, second by Haugen, to alter a current wastewater's salary, as long as it remains within the • pay plan. Motion carried unanimously. Mr. Rodeberg also noted that due to the current natural disasters, construction costs have increased 6 ~ ~0.~ CITY CO UNCIL MINUTES -OCTOBER 25, 2005 dramatically. These increased costs directly affect the water treatment plant project and Hwy 7 project. . Mayor Cook -Steve Cook asked Julie Wischnack about discussion the Planning Commission had about special meetings. Ms. Wischnack explained that an idea that came out of that discussion was to chazge a special meeting fee to be paid by the applicant and paid out to the Commissioners for that special meeting. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Peterson, second by Stotts, to approve claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, a motion was made by Arndt, seconded by Stotts, to adjourn at 8:05 p.m. C~ • ~ ~~~ • MINUTES BID OPENING STUMP REMOVAL OCTOBER 31, 2005 Present: Marc Sebora, City Attorney and Melissa Starke, Recorder. Marc Sebora, City Attorney, called.the bid opening to order at 2:00 p.m. Mr. Sebora dispensed with the reading of Publication No. 7400, Advertisement for Bids, Stump Removal. The following bids were opened and read: Fenske Stump Removal Bid Amount Section 1: $1.75/inch Section 2: $1.50/inch Section 3: $1.25/inch John Bahr Skid Steer Service Bid Amount Section 1: $6.00/inch Section 2: $5.00/inch Section 3: $3.50/inch • The bids were referred to staff for review. The bid opening adjourned at 2:04 p.m. Steven W. Cook, Mayor ATTEST: Gary D. Plotz, City Administrator ~J u ~~ MINUTES HUTCHINSON CITY COUNCIL . HEARING -DANGEROUS DOG TUESDAY, OCTOBER 18, 2005, 4:00 P.M. 1. CALL TO ORDER - 4:00 P.M. ayor oo ca e t e eazmg to order. Members present were Bill Arndt and Casey Stotts. Others present were City Attomey, Marc Sebora. 2. HEARING (a) PAM C,OMMERFORD -OWNER Marc Sebora, City Attorney, stated that the Animal Control Officer had designated Pam Commerford's dog as a dangerous animal due to her dog biting a human in the leg. Part of the city ordinance allows the dog owner to appeal this dangerous dog designatton. Mr. Sebora explained some of the penalties should the Council Members find the dog is in fact dangerous. Mr. Sebora reviewed the events that occurred on August 12, 2005, according to the police report. In summary, Pam Commerford's dog, a lab, bit Doris Wegner in the leg as she and her husband were walking down the street. Ms. Wegner did have medical attention as a result. The dog was unleashed. Mr. Sebora stated that he has spoken with the victim, Doris Wenger, prior to this hearing. Ms. Wegner informed Mr. Sebora that she has, for the most part, healed from her injury and a slight scar remains. • Ms. Wegner stated that other than her physical fear, she has much more emotional fear of walking on public streets due to dogs running at large. Bill Wegner, victim's husband, stated that neither he nor his wife wish to have the dog put down, but rather better controlled, whether by kennel, leash or fencing. He also stated that the Commerfords have shown much concern over this incident. Pam Commerford said the dogs were originally bought for hunting purposes and the Commerfords have intentions of moving out to the country. When the Commerfords aze outside with the dog, it is generally unleashed because they are teaching it to fetch. Ms. Commerford is unsure as to why this incident happened because generally the dog is shy and mellow. Mayor Cook proposed that Ms. Commerford verify that she has proper liability coverage via her homeowner's insurance. Mayor Cook further proposed that the dog be designated dangerous and be sure that the dog is restrained on a leash. Furthermore, the dog must be muzzled at all times when it is outside. Motion by Cook, second b Stotts, to designate Ms. Commerford's dog as a dangerous animal and require Items ~) & (4) of the dangerous dog ordinance be complied with. Motion carried unanimously. Marc Sebora, City Attorney, stated that he will have the Animal Control Officer get in touch with her to be sure she is incompliance with the Council's action. Mr. Sebora also noted that if it is found that Ms. Commerford does not comply with this action, the dog will be ordered to be destroyed. • 3. ADJOURN With no further business to discuss, the hearing adjourned at 4:45 p.m. ~~~ • MINUTES HUTCHINSON CITY COUNCIL HEARING -DANGEROUS DOG TUESDAY, OCTOBER 18, 2005, 5:00 P.M. 1. CALL TO ORDER - 5:00 P.M. ayor oo ca e t e earmg to order. Members present were Bill Arndt and Casey Stotts. Others present were City Attorney, Mazc Sebora. 2. HEARING (a) VENIAMIN VERSTYAK -OWNER Marc Sebora, Cityy Attorney, stated- that the Animal Control Officer had designated Veniamin Verstyak's dog as a dangerous animal due to his dog attacking another dog. 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. Mr. Sebora reviewed the events that occurred on August 29, 2005, according to the police report. In summary, Veniamin Verstyak's dog, a pit bull, attacked another dog on a public street. The dog was unleashed at the time. The dog owner, Veniamin Verstyak, was not present at the hearing. The victim, Kazen Doelger, read a written statement that she had prepared. In summary, • the statement shared the facts that Doelger's dog had been attacked b Verstyak's and it was a vicious attack with her dog being pconed down by the neck. Her dog had to seek medical attention because of the attack. Ms. Doelger was afraid that her dog was going to be killed. Officer Ament mentioned that the dog owner currently has three adult pit bulls and eight .baby pit bulls. At the time of the report, the dogs were not currently vaccinated. Motion by Arndt, second by Cook, to designate Mr. Verstyak's dog as a dangerous animal and destroy the animal. Mayor Cook noted he has concerns that there have already been several scenazios where this dog has been loose. Officer Ament stated that he was informed that Verstyak can train the pit bull to fight. Ms. Doelger stated that she wished the owner could restrain the dog better. In a written statement by Verstyak, he claimed that Doelger's dog bit his dog Chico and Chico reacted because of that. Motion carried unanimously. It was noted that the other dog owner involved will be notified of his dangerous dog designation as well. 3. ADJOURN With no further business to discuss, the hearing adjourned at 5:30 p.m. r~ LJ ~ ~~) • MINUTES HUTCHINSON CITY COUNCIL HEARING -DANGEROUS DOG TUESDAY, OCTOBER 18, 2005, 5:00 P.M. 1. CALL TO ORDER - 5:00 P.M. ayor oo ca e t e earrng to order. Members present were Bill Arndt and Casey Stotts. Others present were City Attorney, Marc Sebora. 2. HEARING (a) VENIAMIlV VERSTYAK -OWNER Marc Sebora, Cittyy Attorney, stated that the Animal Control Officer had designated Veniamin Verstyak's dog as a dangerous animal due to his dog attacking another dog. 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. Mr. Sebora reviewed the events that occurred on August 29, 2005, according to the police report. In summary, Veniamin Verstyak's dog, a pit bull, attacked another dog on a public street. The dog was unleashed at the time. The dog owner, Veniamin Verstyak, was not present at the hearing. • The victim, Karen Doelger, read a written statement that she had preppared. In summary, the statement shared the facts that Doelger's dog had been attacked by Verstyak's and it was a vicious attack with her dog being pinned down by the neck. Her dog had to seek medical attention because of the attack. Ms. Doelger was afraid that her dog was going to be killed. Officer Ament mentioned that the dog owner currently has three adult pit bulls and eight baby pit bulls. At the time of the report, the dogs were not currently vaccinated. Motion by Arndt, second by Cook, to designate Mr. Verstyak's dog as a dangerous animal and destroy the animal. Mayor Cook noted he has concerns that there have already been several scenarios where this dog has been loose. Officer Ament stated that he was informed that Verstyak can train the pit bull to fight. Ms. Doelger stated that she wished the owner could restrain the dog better. In a written statement by Verstyak, he claimed that Doelger's dog had bit his-deg him. Ms. Doelger denied that alleeation. It was noted that the other dog owner involved will be notified of his dangerous dog designation as well. 3. ADJOURN With no further business to discuss, the hearing adjourned at 5:30 p.m. r~ L J uC~~ ~~,~ MOTOR VEHICLE MONTHLY SUMMARY For the Month of: SEPTEMBER 2004 2005 Net Revenue: 16910.01 20475.10 Payroll Hours: 639.35 674.40 Net Revenue per hours worked: 26.45 30.36 Profits YTD: 31186.03 36266.95 Profit Margin YTD: 18% 20.5% Comments: Net Revenue for the same period up 21 % over 2004. Payroll hours up 5.5% over same period 2004. Net Revenue per hours worked up 14.8% Profits YTD up 16.3% 5 ~~J I ~}HUTCHINSON AIRPORT COMMISSION September 20, 2005 5:30 p.m. Airport Arrival/Departure Building Minutes • Members present: Dave Skaar, Chuck Bri]I, Doug McGraw, Steve Cook, Mayor, City of Hutchinson Members absent: Jeff Lux Open positions: Doug Kephart's seat is vacant, term expiration Others Present: john Olson, City of Hutchinson Meeting called to order at 5:36 p.m. There was a quorum of members present. 1. Approve Minutes of Mav 17, 2005 meetine Motion made by Brill, second by McGraw to approve May 17, 2005 minutes. 2. Review 2005 Proaosed Caai[al Imarovement Proeram Olson updated Commission members on progress toward construction of 2005 airport improvements. • 2005 Airport Improvements Fueling (Re-bid) Project • Preconstruction meeting is planned, tentative date is Thursday September 22, 2005 at 10:00 a.m. at the airport conference room • It appeazs that Airport can use the existing card reader system to service the JetA fuel tank. This will result in a deduct change order of approximately $9,500. • City staff is looking at the cost of adding an avgas hose reel and pump. Early costs for the cost increase for the project, net of deduct change order related to the card reader, would be approximately $6,200. 2005 Airport Improvements Electtical (Re-bid) Project • Mazk Muckenhim from Quade Electric, Inc. informed me he was awaiting shop drawings from Hali-Brite, Inc., of Crosby, MN. 3. Review private hanger and commercial operations activity Olson informed the Commission that the private hangars were now all operational. ]oe Dooley has fully paid for the tiling and asphalt. RAM Builders and Luthens have paid for the tiling, but have not yet paid for the asphalt. This fall, Pellenin Land Survey will draft legal descriptions for private hangars. Leases will be recorded at County. This is the final `initial' expense for private hangar owners. 5. Operational Issues 2006 Proposed Budget • Olson reviewed the proposed budget submitted to the City Administrator. • Review potential hangar rental increase (none in 2005). A motion was made by Brill, second by McGraw to increase hangar rental fees 3%, based on square foot cost, rounded to the nearest $I. Unanimous approval. Olson informed Commission members that JetA fuel flowage fee are to be set at $0.07 per gallon, per the grant application to FAA. C~ 5 (o.~~ Airport Commission Minutes September 20, 2005 • Page 2 Updated Hangar List /Waiting List • A motion was made by Brill, second by McGraw to allow Tam Parker to occupy three hangars. Unanimous approval. Discussion included the fact that Parker has had to give up significant space in the maintenance hangar for housing Life Link III helicopters. 6. Other Discussions • Mayor Cook informed others to consider who would be good candidates to serve in place of Mr. Kephart, whose term has expired. Mayor Cook directed Commission members to have any interested party fill out a Form at City Center. • Chairman Skaar showed Airport Commission members the collage made for presentation to Ken Butler's wife. Mr. Skaar will be making arrangements with the Hutchinson Leader and others to make presentation to her in the neaz future. • Brill requested that City staff, and perhaps the Planning Commission, investigate whether additional insulation should be recommended to new houses in the approach pattern, or within a specific distance of the airport. Of the issues discussed, increased air traffic and the fact new developments often do not have mature trees to mitigate aircraft noise. • Commissioners recommended that City staff rotate codes for the use of the courtesy caz as an added security measure. Common codes could include the airport designator, the emergency frequency, the Unicorn frequency and the NDB frequency. Staffwill make proposal to the Commission at their next meeting. • At 7:00 p.m., a motion to adjourn was made by McGraw, second by Brill. Unanimous approval. NEXT MEETING -TENTATIVE DATE: Tuesday October 18, 2005 at 5:30 r1 L_J 5~a.~ C C~ September 20, 2005 City of Hutchinson Hutchinson Municipal Airport -Butler Field Maintenance Operations 1400 Adams St SE Hutchinson, MN SS3S0 Phone (320) 234-4219 Fax (320) 234-6971 To: Airport Commission members From: John Olson, Public Works Supt. CC: John Rodeberg, Dir. of Public Works Subject: Proposed 2005 Airport Improvements Gentlemen: In May, two bids were received for improvement projects, totaling $491,324. At that time we rejected the bids, because our AIP entitlement balance was only $366,833. Subsequently, we pared down the electrical project to bare essentials and went with adesign-build option for the fueling. In August, we opened bids for the projects. • For the fueling project, the low bid was not accepted because the electrical portion of the job was not included in his bid. The second low was not accepted because he did not meet the contractor requirements of having had three aviation fuel installations in the last S years, as required by the specifications. Therefore, the low bidder was Westmor Industries for $146,759. For the electrical project, the engineers' estimate did not require a formal bidding process, and quotations were sent out to a number of electrical contractors. Only one, Quade Electric, Inc., responded with a price of $44,900. Later in August we received a grant from FAA and Mn/DOT to proceed with the work. At that time, contractors received a notice to proceed from the City. The grants from FAA and Mn/DOT were based on the second low bid, but should be able to be amended to the cost as follows (please note, the change order values are approximate): $ 146,759 -fuel system, per bid 08/OS/OS (Westmor Industries) -$ 9,500 -change order: use existing card reader system *+$15,600 -change order: add avgas pump/hose reel $ 44,900 -electrical, per quotation 08/OS/OS (Quade Electric) $ 43,000 -engineering, per contract (TKDA) $ 240,759-total project $ 228,721 -FAA share $ 12,038 -City share C~ rJ~aJ~ 2005 Capital Budget = $25,000 • 2005 Capital Expenditures Airport improvements= $12,038 Apron improvements = $10,692 Drainage improvement = $ 1,492 **Electrical improvements in ArrivaUDeparture building to Eliminate 18" separation to shop $ 5,800 Less: Hutchinson Aviation contribution: ($ 1,500) Total Capital Expenditures $28,522 Total Excess Expenditures $ 3,522 2005 Available FAA AIP Funds $366,833 2005 Use of FAA AIP Funds 228 721 2005 FAA AIP Funds carried forward $138,112 2006 Anticipated AIP Funds 150 000 2006 Available FAA AIP Funds $288,112 . These funds would be available-for additional items listed on our 5-yeaz CIP. * It is our intent to add an avgas pump and hose reel, if possible to the 2005 Airport Improvement Project. However, this change order would need Mn/DOT and FAA approval. **Please note, this project was not budgeted for in 2005, but the project was deemed necessary because of an on-going electrical code issue. • 5~~~ Senior Advisory Board Minutes • October 17, 2005 Present: John Lyman, June Lyman, Robert Cogley, Liz Tokarzyk, Lorraine Zajicek, Julie Jensen, and Jim Hanson. City Staff: Kathy Hemmah, September Jacobsen, Absent: John McRaith. I. The meeting was called to order at 10:05 a.m. by vice chairman John Lyman II. Secretary's Report: The October 17th minutes were examined. Julie Jensen made a motion to approve and John Lyman seconded the motion. Motion approved. III. Treasurer's Report: Card sales this past month included $148 from the Event Center and $44 from Green Castle. A small sum was paid out for card making supplies and the Star and Tribune bill was paid. The total of $1,296 was deposited from the Pool Concession Fund Raiser. Liz Tokarzyk made the motion to approve the treasurer's report with a second from Julie Jensen. The motion passed. IV. Old Business Tours- Julie reported the State Fair trip went very well and was agreed that the day and length of the trip was just right. Mystic Lake Casino trip was a success and was more enjoyable that the Sr. Expo was available to attend other than just gambling. Future trips to Casinos will be in conjunction with another activity. Crown Chapel still has • some openings while two other trips have been advertised for January and February of 2006. Julie will look into "Champions on Ice" at the Target Center as a possible tour if they offer a matinee. A. Update on Programs- Kathy reported that the Sr. Expo went very well. More men attended this year's event, perhaps due to the theme. It was commented on that good workshops and good food made the event enjoyable. Christmas Angels made homemade soap and is now available to purchase. Lefse class is going to be on the 21st. The October 27th Red Hat Low Tea is having a slow response. Kathy is going to record "Warm Springs", a movie about President Roosevelt and replay for the seniors. Advertising Mall walking hours was discussed. No interest was shown in doing a "basket drawing" for the card sales. Was mentioned that the sales aze going very well as is. November Fellowship Dinner will be a traditional Thanksgiving meal. Turkey signs will be put around the Center and those that find them can redeem them for a free Fellowship Dinner. Candy making class will be in November with the proceeds possibly going to a charity. Christmas party planning is coming along nicely. Desserts will be served along with apple cider. It was also discussed that the December Fellowship Dinner will actually be a brunch. B. The Tax status of the Advisory Board was briefly discussed. V. New Business A. Judy Simons and Phylis Birkholz names were mentioned as possible board members to replace Jim Hanson and Lorraine Zajicek. • B. Would like to see a Social Security Rep. To discuss the changes in Medicare. Kathy will check with social services. 5 L~.~3 C. 2005 tax season was discussed as to whether there would be a volunteer. Lloyd will check with AARP to see if they have possible preparers. • D. The November meeting will be moved back one week due to conflicts in scheduling. VI. Adjournment: Liz made a motion to adjourn with a second from John. The motion passed. Next Meeting: Monday, November 28th at 10:00 a.m. September Jacobsen filling in for John McRaith, Secretary • • ~~C.~ • Minutes Hutchinson Public Library Board August 22, 2005 Members present: 7uGe Jenseq Larry Ladd, John Paulseq Kay Petersoq Jana Vacek and Mary Henke (Ex-Officio) Members absent: John Hassinger and Say Johnson President Julie Jensen called the meeting to order. Kay Peterson moved to approve the minutes with John Paulsen seconding the motion. Motion passed. Old Business: 1. Julie spoke with Kay Johnson about her interest in developing and working on the Fall Community Forum. Kay declined. An issues forum is scheduled for early 2006 possibly. 2. Mary reported on the Pioneerland Library System (PLS) Ad Hoc Conunittee on Evaluations and Goals meeting she attended on August 9, 2005. Discussion is around cities and counties picking up additional costs because of PLS's declining funding from the state and federal government. New Business: 1. Library assistants: 'Three new students are being hired to replace current stude~s who are leaving for college or other commitments. The new sdrderrts hired are • Elisabeth Lauer, Malrayla Hahq and Heather Otto. 2. Usually the board takes none-month vacation from a board meeting in the summer. Since we haven't done that yet, 7ulie asked the board if they would like to skip the next meeting. The board decided to have no September meeting. Our next meeting will be on Monday, October 24, 2005 at 4:30 p.m. Janet moved td adjourn the meeting with Kay Peterson seconding the motion. Motion passed. We then moved upstairs for the unveiling of the Head Librarians' portraits and made a toast to a project completed. Special guests joining us were Joyce Beytieq President of the Friends ofthe Library, Barbara Whittenberg, former Head Librarian, and Coanie Lambert, past Library Board President. r~ L SCa~ y r Memo To: Mayor and City Council Members From: Brad Emans, Fire Chief Date: 11 /01 /05 Re: Monthly Update on Activities of the Fire Department The fire department responded to 33 general alarms in the month of October. Example of a few of the calls: • We responded to a residential fire in our rural fire district where electrical wires burned causing the basement to fill up with smoke. • We responded to a vehide fire in a storage shed in our rural fire district. This fire is under . investigation at this time. • We responded to a call at the Hutchinson Telephone Company where a dump truck driver hit a power pole knocking the pale on top of Hutch Telephone. • We assisted the ambulance service with a gentleman that had his leg stuck in a lift chair. The rescue tools were used to free the man. • We responded to our first chimney fire of the season. We are able to report that the house suffered no damage. • We responded to a deck fire at an apartment building. This is the third deck fire in an apartment building in the past 18 months started by improperly disposed smoking material. • We responded to a fre in the bedroom of a rental townhouse in the SW part of town. This inddent ended up involving the police department and child protection. This is the breakdown of the calls for the month: City: Residential 2 Commercial/Industrial 6Multi-family 6 School 2 Hazardous Material 2 Carbon Monoxide 3 Medical 1 • 1 SCa~ e M ~+ Rural: • Rescue 3 Medical 3 Residential 2 VehiGe 3 Drills /Meetings 1 Other Information • SCBA Maintenance • AWAIRSafetyTraining • Live fire training -Level 1 & 2 at the training site. Mankato FD joined us in this training evolution. • Wild land fire training with the new 6 x 6. • Annual firefighterjob reviews Fire Prevention /Public Relations • We burned or tried to bum the old Bass Pond for the city engineering department. The area is still too green from the rain we have had. • We conducted 51 fire prevention /fire safety classes for the kids and senior citizens of our community. We made contact with 1737 people during our classes. We are very proud of those numbers. • Page 2 ,SCa~ • • • Building Permits by Type For the 1Y7nntlr of October, 2005 Pi"Elv1 . ` ,.;...:', 1)ESC COl7N'1' VhE„$lrtE'XON3 010 (RESIDENTIAL RESHINGLE 11 50.00 015 '.RESIDENTIAL RESIDE _.___ 4 50.00 -020 RESIDENTIAL WINDOW REPLACEMENT 7 $0.00 025 EXCAVATION 4 $D.OO 030 ( FENCE 3 $0.00 035 CEMENT FLATWORK 2 50.00 1050 DEMOLITION 4 $D.00 '.055 SIGN 7 $0 00 060 DECK 3 $0.00 065 _____ _ SHED 3 $0.00 070 'FIRE SPRINKLER PERMIT 1 $0.00 1075 FINISH BASEMENT 2 _ _ _ $0.00 101 'SINGLE-FAMILY DETACHED 6 $969 000.00 102 'SINGLE-FAMILY ATTACHED 2 $23700000 324 _ OFFICES, BANKS & PROFESSIONAL I 3 $832 000 00 __.. __.. 328 _. _ ___ __ __.__.... _ __-. _. MOTHER NONRESIDENTIAL _._____ 8. $236,000.00 1434 !RESIDENTIAL HOME ADDITIONS 3. $45 000 00 ', I 438 i..-__.. _ ___.__ _ _.._ (,RESIDENTIAL GARAGE ADDITIONS 2 ___ $23 000 00 '. °~ ,,~ ~ TOTAL ITEMS . - _ 77 $2,342 ODO 00 '. Number of Inspections for the month = 25a Number of Plumbing Permits for [he month = 33 5~~~~ c TO: Mayor and City Council FROM: John Rodeberg, Director of Public Works Dan Hatten, Director ofPolice/Emergency Services Kent Exner, City Engineer RE: Consideration of Resolution Establisbing Location of Traffic Control Devices DATE: November 1, 2005 Attached is a Resolution setting the installation, revision or addition ofseveral traffic control devices within or adjacent to the following recently constructed City Improvement Projects: • • Letting No. 1/Project No. OS-Ol (NC Trunk Sanitary Sewer) plansheets 30 - 32 • Letting No. 4/Project No. OS-04 & OS (Downtown Streetscape) plansheets 27 - 37 • Letting No. 8/Project No. OS-10 (Golf Course Road) plansheets 37 - 42 Letting No. 10/Project No. OS-12 (Plaza 15) plansheet 14 • Letting No. 17/Project No. OS-19 (Liquor Store) plansheet C2.0 These plans have been reviewed with the Police, Engineering and Streets Departments. Copies of the referenced traffic control plans are at City Center and will also be available prior to the Council meeting upon request. We recommend approval of this Resolution. cc: Gary Plotz-City Administrator Iohn Otson-Public Works Superintendent SC~~ 1 RESOLUTION NO. 12844 • RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES WHEREAS, the Director of Public Works and Police Chief agree that the following areas within or adjacent to recently constructed improvement projects warrant traffic control devices, and; WHEREAS, THE Hutchinson City Council has the authority to establish locates as points where traffic control devices shall be erected, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: That the Council hereby establishes the following traffic control devices, per the respective City Improvement Project Plans/Specifications and any City Engineering approved revisions or addition: Letting No. 1, Project No. 05-01 (North Central Trunk Sanitary Sewer) Plan Sheets 30-32 2. Letting No. 4/Project Nos. 05-04 & 05-05 (Downtown Streetscape) Plan Sheets 27-37 3. Letting No. 8/Project No. 05-10 (Golf Course Rd) Plan Sheets 37-42 • 4. Letting No. 10/Project No. 05-12 (Plaza 15) Plan Sheet 14 5. Letting No. 17/Project No. 05-19 (Liquor Store) Plan Sheet C2.0 and that all existing traffic control devices conflicting with this resolution be removed. Adopted by the City Council this 8th day of November, 2005. Steven W. Cook Mayor ATTEST: Gary D. Plotz City Administrator • 5 ~~ I RESOLUTION NO. 12847 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Seasonal Banners $3,866 Downtown decorating Unallocated (1) Display Sales 2% Bio Diesel 7,703 $21,760 Resale to departments & HATS yes Schmeling Oil Co gallons other govt units (1) General Fund balance carries reserve for Holiday decorations .The following items were authorized due to an emergency need: ITEM COST I PURPOSE I DEPT. I BUDGET I VENDOR Date Approved: November 8, 2005 • Motion Made By: Seconded By: Resolution submitted for Council action by: Kenneth B. Memll Finance Director 5«Ja C • Office of the City Attorney 111 Hassan Street SE Hutchinson, MN 55350.2522 320-587.5151/Fax 320-234-0240 M E M O R A N D U M TO: Mayor Cook and City Council Members FROM: Marc A. Sebora, City Attorney DATE: November 3, 2005 SUBJECT: Resolution No. 12845 -Resolution Declaring Conditions and Restrictions of Rotary Park Last year, Lawrence Winter, Pazks Resource Coordinator with the City of Hutchinson, successfully applied for a grant through the Minnesota Department of Natural Resources for use in developing Rotary Park. In order to take advantage of the grant award, which is in the amount of $45,000, the City must • place restrictions on how the property is to be used, namely that the property shall be managed and maintained for outdoor recreation purposes consistent with the grant agreement itself and, secondly, that the City of Hutchinson shall not at any time convert any portion of the park without prior written approval of the State of Minnesota. Should you have questions concerning this, I would be happy to entertain them at the City Council meeting. • Primed on recycled paper - 5 ~~~.3 RESOLUTION NO. 12845 RESOLUTION DECLARING CONDITIONS AND RESTRICTIONS OF ROTARY PARK THIS DECLARATION made this 8`h day of November, 2005, by the City of Hutchinson, a Minnesota municipal corporation. • WITNESSETH WHEREAS, the City of Hutchinson, a Minnesota municipal corporation ("Declarant"), is the owner of real property and has created thereon a municipal park/outdoor recreation area; and, WHEREAS, Declarant has been awarded an outdoor recreation grant from the Minnesota Department of Natural Resources, Grant No. LW27-01355; and, WHEREAS, that in order to take advantage of the grant proposed by the Minnesota Department of Natural Resources restrictions insuring that Rotary Park shall be used for outdoor recreation purposes must be placed upon the property; NOW, THEREFORE, the Declarant declares that the real property described below is subject to the covenants, conditions, restrictions, easements, charges and liens described herein, which covenants and restrictions shall run with the real property and be binding on all parties having any right, title or interest in the hereinafter described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof: PROVISIONS Section 1. Property Subject to this Declaration. The real estate subject to this Declaration is located in McLeod County, Minnesota, legally described as: • 5C~~3 Lot 2 of Block 2, Lot 1 of Block 3, Lots 6, 7, 8, 9, 10, 11, 12, 13 and 14 of Block 7, all in • HELLAND' S SIXTH ADDITION, according to the recorded plat thereof. Also that part of Carolina Avenue, as dedicated is said plat, described as follows: Beginning at the southeast corner of said Block 2; thence South 89 degrees 40 minutes 10 seconds West, assumed bearing, along the south line of said Block 2 a distance of 240.00 feet to the southwest corner of said Block 2; thence South 60.00 feet to the north line of said Block 7; thence North 89 degrees 40 minutes East, along said north line, 540.00 feet to the intersection with the southerly prolongation of the east line of said Block 3; thence North 60.00 feet to the southeast corner of said Block 3; thence South 89 degrees 40 minutes 10 seconds West, along the south line of said Block 3, a distance of 240.00 feet to the southwest comer of said Block 3; thence North, along the west line of said Block 3, a distance of 75.00 feet to the northwest corner of said Block 3; thence South 89 degrees 40 minutes 10 seconds West 60.00 feet to the northeast comer of said Block 2; thence South, along the east line of said Block 2, a distance of 75.00 feet to the point of beginning. Also Tracts D, E and F of REGISTERED LAND SURVEY N0.22, McLeod County, Minnesota, all of which property shall hereinafter be referred to as "Property". Section 2. Restrictions. The property shall be pennanently managed and maintained for outdoor recreation purposes consistent with the approved grant agreement, LW27-01355. The Declazant shall not at any time convert any portion of the park azea to uses other than public outdoor recreation uses specified in the Department of Natural Resources Outdoor Recreation • Project Agreement LW27-01355 without the prior written approval of the State of Minnesota. Section 3. Duration of Declaration and Restrictions. The restrictions of this Declaration shall run with and bind the land in perpetuity. Adopted by the City Council this 8`h day of November, 2005. Steven W. Cook Mayor ATTEST: Gary D. Plotz City Administrator 5 C~~ • PUBLICATION NO. ORDINANCE NO. OS-0419 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUTCHINSON FOR A PROPERTY TO BE REZONED FROM I-1 TO R2 AS REQUESTED BY RICHARD GOEBEL, 997 ROBERTS RD SW THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: WHEREAS, the following described real property is hereby rezoned from to I-1 (Light Industrial) to R2(Medium Density Residential) as requested by property owner: LEGAL DESCRIPTION: That part of Lot 73, LYNN ADDITION TO HUTCHINSON, according to the recorded plat thereof, described as follows: Commencing at the southwest corner of said Lot 73; thence easterly, along the south line of said Lot 73 a distance of 135.00 feet to the point of beginning of the land to be described; thence continuing easterly, along said south line 158.30 feet; thence northerly, parallel with the west line of said Lot 73 a distance of 148.50 feet; thence westerly, parallel with said south line 158.30 feet; thence southerly, pazallel with said west line 148.50 feet to the point of beginning. Subject to an easement for road purposes over and across the Southerly 24 feet of said Lot 73. Also, subject to an easement for road purposes over and across that part of said Lot 73 described as beginning at a point on the west line of said Lot 73 a distance of 30 feet North of the southwest corner, as measured along said west line; thence south along said west line a distance of 6 feet; thence easterly, pazallel with the south line of said Lot 73 a distance of 182 feet; thence westerly to the point of beginning. WHEREAS, the City Planning Commission and City Council have considered the effects ofrezoning 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 R2 and it shall take effect upon publication of this ordinance; Adopted by the City Council this 8`t' day of November, 2005. ATTEST: • Gary D. Plotz City Administrator Steven W. Cook Mayor SC,~~ ~I • DATE: 3epteuiber 20, 2005 Hutchinson City Center 111 Hawn Stccet SE Hutchinson, MN 55350.2522 320.587-5151/Fax 320.234.6240 MEMORANDUM TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF A REQUEST TO REZONE A LOT FROM I-1 (LIGHT INDUSTRIAL) TO R2 (MEDIUM DENSITY RESIDENTIAL) FOR THE PURPOSE AN ADDITION CNTO Thy EXISTING STRUCTURE WHICH IS ANON-CONFORMING USE LOCATED AT 997 ROBERTS RD SW Pursuant to Section 154.168, Hutcbinson City Code, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for rezoning . HISTORY • Richard Goebel, property owner, is requesting to rezone his lot located in an I-1 district next to Goebel Fixture. He has submitted a building permit to enclose the existing deck into a screened porch. The present residential use is a nonconforming use in the I-1 district and the lot abuts R2 zoning which would make rezoning possible. 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 September 9, 2005. 3. A public hearing was held at which time there were no neighboring property owners present objecting to the request. 4. The property is duectly abutting the industrial use of Goebel Fixture company. Prior to 1997, the City Code allowed for use of property for "caretakers quarters" in Industrial Zoning Districts. That was removed and now, residential uses, within industrial districts are not allowed. This makes fire use of the property deemed legal non-contbmring. 'therefore, any request for expansion, changes, additions, etc. carmot be allowed unless the use of the property is changed to a conforming use within the district or the property is rezoned. RECOMMENDATION The Planning Commission voted unanimously to approve the partial rezoning with the stipulation this request can not go to the City Council until the lot split application and survey is received by the City. The lots must meet the minimum zoning requirements of the district. spectfully submitted, \~ ean Kirchoff, Chairman • Hutchinson Planning Commission Primed on recycled paper - 5 ~J I ,: :.. ..~. 1~IFtFC:T[~RS ' {aPQR"I" - I'''LAI'~l`~Il~t~G D~1'ART~ENT "~o~ ~intehi~sa~n Planrni~g ~Corr~mssvu (~'erso~xs in aattendance at I"lannin tai'I' M,~eting (in b~1d} .. "rcrm: Rrad Finans, TJ-o~f Moa~~ nape I3wu~s~kad, :l'Mil~s Se~p~lt, a°~n Eberdt, dean 1~Var~d, Jahn R~deberg, P.E. ie~.t i~xt~er, dah~- We~rst~r, Michael ua~m, J~rrhn ~lsmn, Lermy 12.utledge, l~y~e Dixr~ler, T~:ax°k chnor~eh, Marc eiic~ra, ~y F''lat~, men Mex-~i11~ Jinn I~'oP~x fan Halter, Dick Iay, ,Fulie "~ischna+ck, A~~°'S sand Bu~~~ie Bau~el~ Date: ~ptember 1, 2005 _ 1"!~eeling Tate: September 2ti, 245 Ap~lic~rat: Richard GoeMael, pra~erty ~vvr~er R:Zt~tNG F:RC1M Ia TC:~ :B~ri+~t' Iae;s~er~iptioa~ R.ichart3 ~r~rebei~, prop~e~ owaner, is requesting to rez~r~c his lot located inn an T_I district next to ~aaehel T~"ixture. He has submitted a lauildialg peranit to cz~close the existing dedk into a screened -porcl~-. The preset residential use is a z~gnconi`tirming use in the I-1 district and the lot silauts R2 onin~; v~nc~h would make re~oni~ug pnssilale. GEl"~~ INFTRIVIA i'IC~I`~ Existing Zo~ia~o 1-1 (L Industrial) Property Laeati~aram 99 Rolaerl R.oaei l..ot Size: ,08 t~.cres Existing l~ar~~d ~MJsea I~ed~enta. ~idjacex~t Land Use ~.rad Zarrix~g: (Ivlcdwa Is-ensity I~.csidentia and 1-1 (I. hldustrial~ ~erraprel~eusi~ e ~,a~d Use isla~: Traditi~na l~.esi~lentia eiizh a~rl° cuing History: "7C'l~e pra~c leas been is fan~il:}+ r~~ ~onr~ected ~~ ~ µ~~ ~~ Rezoning Goebel property - I-1 to R-2 Planning Commission- September 20, 2005 Page 2 with the family business. The property at 548 Dales St. was rezoned to RZ in 2000 for an addition onto the home. Applicable Regulations: Section 154.168, City Code sPECIat. m-~o~nTloN • • Transportation: Roberts Rd. SW Parking: N/A Analysis and Recommendation: The property is directly abutting the industrial use of Goebel Fixture company. Prior to 1997, the City Code allowed for use of property for "caretakers quarters" in Industrial Zoning Districts. That was removed and now, residential uses, within industrial districts are not allowed. This makes the use of the property deemed legal non-conforming. Therefore, any request for expansion, changes, additions, etc. cannot be allowed unless the use of the property is changed to a conforming use within the district or the property is rezoned. There are two possible points of discussion on this proposal. If the City allows a change in zoning on the parcel, the property will be taken away from what could be utilized as industrial expansion for the existing business. It also allows for a future owner of the property who may not have a connection to the business, be more intolerant of a industrial neighbor. The rezoning of the property would severely limit any expansion of the Geobel Fixture facility. On the other side of the issue, there could be a precedent set when the City allowed the rezoning of the parcel to the east for a similar matter. 5'~. ~;~ Rezoning Goebel property - I-1 to R-2 Planning Commission- September 20, 2005 Page 3 There could also be the thought that the azea is more conducive to residential than industrial. Therefore; there was a recommendation to move forwazd with the rezoning with the understanding that there would be no allowance for any industrial expansion onto this property in the future. The change in zoning contemplates the business size staying the same and loading azeas not needing additional property for turning movements. Cc: Richard Goebel, 997 Roberts Rd. SW i ~~~ • (. YNN ;I I i ,Concrete Surface r 'I~ s I : ~ H ? ~ 9 30. W ~ ~ W I ~~ Q n 9. -. 105.00 • . ~~ q~~~TION i ~~ ,.,e w•,.I ~, „av,,,,,,, ~y. ®CT 2 ~~ 200J Sub~eci to an eosemenr for road purDOaes over and Gross rh Also, sublecr ro an easement for road Durposes over and pcrt Also, sub~ecr to on easement for road Durposes over and acct Coy Of NUtCh10500 point on the wear line of sold Lot 73 d distance of 30 teef N Dept. Of P. Z. dr p, west Ilne: rnence south along said west line o disionce of 6 f Lot 73 a distance of 182 feet; thence westerly ro the point o TO LOT 73 Goebel Fixture Building v ~~~/NON rwmw .nn ~n...mN In. L.. n ~I _ _ 293.30 -_ _ _ _ _ .30 3 .00 - 0 __.I __ ~ 120.30 09ry1 II e ~ Concrete Drva Gmotle •¢ e i i o~ 3 r i z ~ ~ o° I G Y ~ w 2 io... r~ PARCEL A ~~ Q ~ e o PARCEL B ~~ : ~ ' c J o W e ~ ~ N ~ VROPOSED ADDYfION NoNee ~ • N - p$ f 10 p : vROPOaED # m }, ~L2 ~ O; ~ 2 ~ s ~ 5 _ J` rr F = ~ ~ ~ .~ p ~ TOTAL AREA 20044 Sq Fr TOTAL AREA 23504 Sq Ft m prea leaf emements 12126 Se ft I prea less ememenu 19669 Se Fl N I _ _ -_ _ x7.00 - -- -- / 33.00 I .___-_____-_________ ,d nn c.n< •eN - I 9i• al 1 ~ I O 0 ati « ROA ..r. a e~ •.. EASEMENT" r ' N ~ - - _`ir•I I ,,, l5&~ _ - ~ -.__ . _.__ . e0-_ 135.Cq - ~ - ~- _ - ' 293.30 _ _ --- aoNn line or Lo, I3, IvNN MDITION .e,,.e.n.rer - ROBERTS ROAD "LYNN ODDRION ' / ~ V s NUTCIiINBON MN JOB N0. 05225 .AND BURVEIINB Received Fax S=~ 20 2005 ]O:OSA~ Fax S!a!'en CIiY OF PBTC4iRSn;; p 2 20-Sep-2005 10:50 AM Goebel Fixture Comp 3205872378 2/4 ~ ' . ' ~ ; . I ~ 7 j ~ ' ~etsettlwe faelratc McloMls• ~JC -Q- • o~c Uw0 Sf1niY0wS {, , ~ Slit 9uwwcec ` ~ ~ 10{,41 OLNw NMrr.- Id-t4.1 MIww:SKit ~~2 ~ :"~%=x--i ~• AtSOtIA?ES ~ INC. ,.:.-~~ . ~~~~` ~ .• ELM~R II/IERJCKEL . ~;;r,~: 5uruey Fer` .. ~ ''y / ~~~ ~. ~ ~ wa,5 rL C p ,,~~Q ,r > ~ U . ~ ~~~~~ ~. ~~, y~ ~- ~ i"",I,1~. ~y o Denotes Iron Monuments ~` 9A L l..r I ' ~ l ` N - . I !v ~ ~ 0 11 N.7 ~ , . ~; e ~ I v: ~_, ...YY ~ ' O -~ - . .• . ~ ' j~ :i ,~'-- - - -- - ... •78.3-- 1 33 . a ~ ... ax ,-, ROBER f 5 ~'•.: i. R.D: ~ .. a )~.~~.-~;- , . ` ~_ ,• o . __. ;~, y~-~; ..= --,raj --- ._. /50.00... ' • g,W, Cor. Lat 73 - So. Liras Lot 73, Lynn Add: 'r=~ ~ ~~ to NotcAinson,Hinn, . - ,Ce~hed } • ~ -, . !" -.'a .- f .1 '..... ,~ ~,t~~ ~ ~ e~ ,Z o~ ~_.. _..._.. ~-.. 5h~ ~. ~ s~~~~ PUBLICATION NO. ORDINANCE NO. OS-0420 AN ORDINANCE AMENDING SECTION 154.123 OF THE HUTCHINSON MUNICIPAL CODE TO ADD LANGUAGE REGULATING TUBE TRUSS TYPE TEMPORARY BUILDINGS SECTION 154.123 POLE BARNS/TUBE TRUSS/TEMPORARYBUILbINGS. Pole barns require a conditional use permit. ('89 Code,' 11.10.12) (Ord. 464, passed 1--96) Buildings which are used for storatie and are classified as an "S" occu a~ncv_ by buildine code; are located in a commercial or industrial zoning district and have a construction method that is other than light frame as defined shall require a conditional use permit (This shall not include 10' x 12' sized buildings or smaller.) Licht-frame construction is a buildine technique based azound structural members, usually called studs which provide a stable frame to which interior and exterior wall coverin¢s are attached and covered by a roof comprising horizontal foists or sloping rafters covered by various sheathing materials. Additional review criteria for reviewing pole barn/tube • 1. Consideration of neighborhood character Is the building similar to other structures in the area or on the property in question Is the buildine of similar heitiht, scale and density as other buildings? 2. Is the structure entirely visible from the street on which the property is located? 3. Is the buildine be used only for the purposes of storaee? 4. Are there factors that would be impacted that would be considered netiative for adiacent land owners such as site drainage topography chanties restrictions on light or air, etc. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and publication. Adopted by the City Council this 8`" day of November, 2005. Attest: Gary D. Plotz City Administrator • Steven W. Cook Mayor 5~~5 Hutchinson City Center • DATE: TO: FROM: SUBJECT: 111 Flasssn Street SE Flolchinson, hnN 55350.2522 320.587-5151/Fax 320.234-4240 MEMORANDUM October 18, 2005 Hutchinson City Council Hutchinson Planning Commission CONSIDERATION OF AMENDMENT TO THE CITY CODE SECTION 154 TO ADD LANGUAGE REGARDING TUBE TRUSS BUILDINGS Pursuant to Section 154.168 of the Municipal Code, the Hutchinson Planning Corrmtission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for an amendment to the zoning ordinance. HISTORY After numerous discussions, Planning Cornniissioners duetted staffto draft an amendment to the City Code to add language regazding tube truss type buildings. FINDINGS OF FACT 1. Notice was published in the Hutchinson Leader on October 18, 2005. 2. There was no one present at the meeting objecting to the request. .RECOMMENDATION The Planning Commission voted unanimously to approve the amendment to the ordinance as follows: Pole barns require a conditional use permit. ('89 Code, ' 11.10.12) (Ord. 464, passed 1--96) Buildines which are used for storaee and are classified as an "S" occupant; by building code. are located in a commercial or industrial zoning district: and have a construction method that is other than lieht frame as defined shall reauire a conditional use Hermit. (This shall not include 10' x 12' sized buildings or smaller ) Licht-frame construction is a buildine technioue based around structural members usually called studs which provide a stable frame to which interior and exterior wall coverines are attached and covered by a roof comvrising horizontal foists or sloping rafters covered by various sheathing materials Additional review criteria for reviewing Hole barn/tube truss/temporarv buildines 1. Consideration of neiehborhood character. Is the building similaz to other structures in the azea or on the HroHerty in question. Is the building of similaz height scale and density as other buildines~ 2. Is the structure entirely visible from the street on which the HroHerty is located 3. Is the buildine be used only for the purooses of storaee? 4. Are there factors that would be impacted that would be considered neeative for adjacent land owners such as site drainaee, topograHhv changes, restrictions on lieht or air etc • Respectfully submitted, Dean Kirchoff, Chairman Hutchinson Planning Commission Printed on recYCied paper - ~ ~~ DIRECTORS REPORT -PLANNING DEPARTMENT • 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, Judy Flemming, John Rodeberg, P.E., Kent Exner, John Webster, Michael Kumm, John Olson, Lenny Rutledge, Kyle Dimler, Mark Schnobrich, Marc Scbora, Gary Plotz, Kcn Mcrrill, Jim Popp, Dan Hatters, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date:. October 3, 2005 -Meeting Date: October 18, 2005 Applicant: Tube Truss/Temporary Buildings Staff has reviewed the changes suggested by the Planning Commission and would recommend approval of the following ordinance amendments: SECTION 154.123 POLE BARNSITUBE TRUSS/TEMPORARY BUILDINGS. Pole barns require a conditional use permit. • ('89 Code,' 11.10.12) (Ord. 464, passed 1--96) Buildings which are used for storage and are classified as an "S" occupancy by buildine code; are 10' x 12' sized buildings or smaller.) Lioht-frame construction is a buildine technique based around structural members. usually called studs which provide a stable frame to which interior and exterior wall coverings are attached and covered by a roof comprising horizontal joists or sloping rafters covered by various sheathing materials. Addifional review criteria for reviewing Hole barn/tube truss/temporarv buildings: 1. Consideration of neighborhood character. Is the buildine similaz to other structures in the azea or on the property in question. Is the buildine of similaz heip_ht, scale and density as other buildings? 2. Is the structure entirely visible from the street on which the pro is located? 3. Is the building be used only for the purposes of storage? 4. Are there factors that would be impacted that would be considered negative for adjacent land owners such as site drainage topography changes, restrictions on light or air, etc. • 5(~~ PUBLICATION NO. ORDINANCE NO. OS-0423 AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN LAND (PUBLIC RIGHT OF WAY) OWNED BY MCLEOD COUNTY AND THE STATE OF MINNESOTA ABUTTING THE CITY OF HUTCHINSON PURSUANT TO MINNESOTA STATUES 414.033, SUBDIVISION 2 (3) WHEREAS, the property owners have filed a petition, requesting that certain land, as legally described below: MCLEOD COUNTY PORTION: That part of the Southwest Quarter of the Northeast Quarter and that part of the Southeast Quarter of the Northeast Quarter all in Section 5, Township 116 North, Range 29 West and that part of the Southwest Quarter of the Northwest Quarter of Section 4, Township 116 North, Range 29 West, McLeod County, Minnesota, described as follows: Commencing at the northeast corner of Lot 8 of the Auditor's Plat of the West Half of Section 5, Township 116, Range 29, according to the map on file and of record in the office of the County Recorder, McLeod County, Minnesota; thence on an assumed bearing of South along the east line of said Lot 8 a distance of 719.75 feet to the center of a township road; thence South 64 degrees 04 minutes East along said centerline a distance of 1025.39 feet; thence North 536.26 feet to the south line of McLeod County Highway Right of Way Plat No. 47, according to the recorded plat thereof and the point of beginning of the land to be described, thence continuing North, along the last • described course, to the north line of said McLeod County Highway Right of Way Plat No. 47; thence easterly, along said north line of McLeod County Highway Right of Way Plat No. 47 to the westerly line of McLeod County Highway Right of W ay Plat No. 42, according to the recorded plat thereof; thence southerly, along said westerly line of the intersection with the easterly prolongation of the south line of said McLeod County Highway Right of Way Plat No. 47; thence westerly, along the south line of said McLeod County Highway Right of Way Plat No. 47, to the .. point of beginning. STATE OF MINNESOTA PORTION: That part of Parcel 13, McLeod County Highway Right of Way P1atNo. 42, according to the recordedplat thereof, in the Southwest Quarter of the Northwest Quarter of Section 4, TownsMp 116 North, Range 29 West, McLeod County, Minnesota, lying within the following described tract of land: That part of the Southwest Quarter of the Northeast Quarter and that part of the Southeast Quarter of the Northeast Quarter all in Section 5, Township 116 North, Range 29 West and that part of the Southwest Quarter of the Northwest Quarter of Section 4, Township 116 North, Range 29 West, McLeod County, Mianesota, described as follows: Commencing at the northeast corner of Lot 8 of the Auditor's Plat of the West Hatf of Section S,Township 116, Range 29, according to the map on file and of record in the office of the County Recorder, McLeod County, Minnesota; thence on a assumed bearing of South long the east line of said Lot 8 a distance of 719.75 feet to the center of a township road, thence South 64 degrees 04 minutes East along said centerline a distance of 1025.39 feet; thence North 536.26 feet to the south line of McLeod County Highway Right of Way Plat No. 47, according to the recorded plat thereof and the point of beginning of the land to be described; thence continuing North, along the last described course, to the north line of said McLeod County Highway Right of Way P1atNo.47; thence easterly, along said north line of McLeod County Highway Right of W ay Plat No. 47 and its easterly prolongation, to the centerline of County Road No. 72 (now known as State Highway No. 22), as shown on McLeod County Highway Right of • Way Plat No. 42, according to the recorded plat thereof; [hence southerly, along said centerline to the intersection with the easterly prolongation of the south line of said McLeod County Highway Right of Way Plat No. 47; thence westerly, along said easterly prolongation of McLeod County Highway Right of Way P1atNo. 47 and alongthe south line of said McLeod County Highway Right of Way Plat No. 47, to the point of beginning. S~J~ Ordinance No. OS-0423 5`~ Ave. S.E. Right of Way November 8, 2005 Page 2 • be annexed to the City of Hutchinson, and WHEREAS, McLeod County and the State of Minnesota represents that they are the sole owners of the property, that the property is unincorporated, abuts the limits of the City of Hutchinson, is not included within any other municipality, rs not mcluded in any area that has already been designated for orderly annexation pursuant to Minnesota Statues 414.0325, and is approximately 5.9 acres in size. NOW, THEREFORE, the City Council of Hutchinson, Minnesota does hereby ordain: SECTION 1. The City Council hereby determines and finds that the property abuts the municipality, that the area to be annexed is 5.9 acres, that [he property is not included in any area that has already been designated For orderly annexation pursuant to Minnesota Statues 414.0325, that the municipality has received a properly pr ared Petition for Annexation from all of the owners of the property, and that the Petition complies with all of the provisions of Minnesota Statutes 414.033 Subd. 2b. SECTION 2. The property is public right of way maintained by the City of Hutchinson. SECTION 3. The corporate limits of the City of Hutchinson are hereby extended to include the Property and the same is hereby annexed to and included within the City of Hutchinson as if the property had originally been part thereof. SECTION 4. The City Administrator is directed to file copies of this ordinance with the Minnesota State Planning Agency, Hassan Valley Township, the McLeod County Auditor, and the Minnesota Secretary of State. SECTION 5. This ordinance takes effect upon its passage and publication and the filing of the copies as directed in Section 4 and approval of the Ordinance by the Minnesota State Planning Agency. Adopted by the City Council this 8th day of November, 2005. • ATTEST: Gary D. Plotz City Administrator • Steven W. Cook Mayor 5f~~~ n ~J C Hutchinson City Center ul e~ street sE Hahhiasoa, hIN ss3so-2s2z 320.587-5151/Fax 320.234-M1240 MEMORANDUM • DATE: October 18, 2005 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF ANNEXATION BY ORDINANCE OF 5.9 ACRES OF ROAD RIGHT OF WAY (5rr' AVE. S.E. FROM THE CITY LIMITS TO HWY 22) OWNED BY MCLEOD COUNTY AND THE STATE OF MINNESOTA Pursuant to Minnesota Statute 414.033 Subd. 2(3), the property owner has petitioned to annex approximately 5.9 acres located in Sections 4 and 5, Hassan Valley Township. HISTORY This portion of 5`" Ave is being maintained by the City of Hutchinson. The request is for jurisdictional transfer requested by City of Hutchinson Engineering to be able to obtain state aid monies for the maintenance by the City. FINDINGS OF FACT 1. The required petition was submitted. 2. Notices were mailed by certified mail to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, October 6, 2005. 3. The proposal is in conformance with the requirements for annexation. 4. There was one abutting property owner with concerns regazding the annexation. RECOMMENDATION The Planning Commission unanimously recommended approval of the annexation. Respectfully submitted, Dean Kirchoff, Chairman Hutchinson Planning Commission Cc: McLeod County MNDOT • -Printed on recYckA P~ 5~~ ~ S REPORT -PLANNING DEPARTMENT • 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 Wazd, Judy Flemming, John Rodeberg, P.E., Kent Exner, John Webster, Michael Kumm, John Olson, Lenny Rutledge, Kyle Dimler, Mark Schnobrich, Mazc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: October 3, 2005 -Meeting Date: October 18, 2005 Re: Annexation - 5'h Ave. S.E. Right of Way' Brief Description This portion of 5th Ave is being maintained by the City of Hutchinson. The request is for jurisdictional transfer requested by Engineering to be able to obtain state aid monies for the maintenance by the City. (The attached map provides the location where the property line meets the city boundary.) GENERAL INFORMATION • Existing Zoning: A-1 Agricultural -County Property Location: 5`" Ave. S.E. Lot Size: 5.9 acres Existing Land Use: Public Right of Way Adjacent Land Use And Zoning: Bauerly Concrete. and Agricultural Comprehensive Land Use Plan: Industrial Zoning History: The road is maintained by the City of Hutchinson Applicable Regulations: MN Statues 414.033 Subd. 2(3) Recommendation: Staff would recommend approval of the annexation. • 5~J ~ -~ • M C LE Q Q C ©U~~11'Y =~I I ~ ~,A1( ~F~ITI~~ Q9~ ~/'~~Y ;~~L,~^~ ~J 0. 47 FIFTM' a~fEHU~ ~F?,~J'Ff~~A~l' NE li4 OF NW li4 NW li4 OF NE li4 I NE Ii4 OF NE 1~4 SEC ION 5, T.I 16 N., I R.29 W. Nv va of Nw I.a LOT -- ---~---------~rN..-------1---""-"-- FlRyT Ilpppl0 TO XUl(MHyON WDU R14 DISTRKT KU.I . (D. yT NE li4 Of SW li4 Ir a IM.~ w,..... L Il.n V..I M4nn. tiwM..MYx N.xw.....o. w•w.... a a Y..Yr l r... •n.Y. rti1 v~ wYaxW~. rF...Lrw. NW I ~4 OF SE I i4 LOGTgII ~_;p[;_ ;~ MAI l..F .N~ DIY M ' .1M LW M1. 4.n w. W .M u~~. MaF .W Om Iw ~ MF LM Na F YN .YO f.. F fIi i0 M1. • w ua M~ .au ~I ~.. W. • .N, MM M MIN la F LM1F .0 a~n FRF CW .IN M1 ' C M1 yw1N~MI~{..~iy.• Y .~,~.Yti Y~YY~IOI plrr plylp.q~s.Ll~gtlrL LTw.F~lu My4~AyMYY~w. ~KO~~ ~tl YR alb (~YS~~. LI.~My Yf~leM1'MIY NYM OY.+~ ~r Mi+tM ~ Y ~i Iiri~Ni.~ w Sww •AY u..rrrLn ~Yrr. ww I..Y..Y r r yr..... r M........w rYN,... r W IAwY••. N. I1Y F.Y yp M,Y YIM w..r+N r.r r.nw.r~r r.•~..~Y..~Y~ nFi r,NY~.... M AIYM ~~i.~wMY~ Y.Y Tw..1Y..~...I~.Yn r.l~YrrY,Yil Imo.. Y~ ~ MN. Y. =r~.~Y~ ~ M.un MYYY~,..Y~Y•• IF~.• w ~Y~r~4 ,.v1. NYwiY.NW 441W~ d' z 0 c.~ W N $ ~ ' 6 ~ Z H N Nw Ira of sw Ira ~I rNYN.. rNNY xrr... IM~Y WN Y.y fwF/.II.Y ~W ID O O w • w taMlil~lOMt N IMMI yw~w rr.r Nww -- ww+r -- - •n.F IY.V wYN\. • 1VN W,.r1• 1 .rF~MM YF. MAfII YY wr 0 .... ,... .__ .~ a,~ ~ .~~,....., MEMORANDUM • Date: November 1, 2005 To: Honorable Mayor & City Council From: Miles R. Seppelt, EDA Director Candice Woods, Liquor Hutch Manager RE: Liquor Hutch change orders Summarized below are a number of change orders that have cropped up in the course of completing the Liquor Hutch expansion project. With these change orders we are still well within the overall project budget and still have a respectable contingency fund remaining. Total Project Contingency $56,560 Total Utilized thus far: ($19,719) Change Orders listed below ($18,109) Remaining Contingency $1$.Z Summary of Liquor Hutch Change Orders # 31 CREDIT -type of insulation used $3,142 CR # 32 Add truncated domes at handicap ramps $967 • (per city request) # 34 Floor file in lieu of stained floor (certain areas) $3,147 # 35 CREDIT -change of file manufacturer $960 CR # 36 Additional interior wall construction at cooler $2,684 (wall above existing cooler was resting, unsupported, on the top of the cooler) # 37 Fire taping 1 fire-safing I spraying to create a 1-hour $9,280 fire separation between Econo-foods and the Liquor Hutch (not done when facility was originally constructed in 1991) # 38 Wall repair in general storage areas, prior to painting $671 # 39 Frame & sheetrock around existing column $168 # 40 Water piping & condensation line for ice machine $492 # 41 Additional aggregate base & bituminous paving $19,187 in parking lot. ***NOTE: STAFF RECOMMENDS REJECTION OF THIS ITEM *** # 42 Additional electrical equipment (required by bldg. Dept.) $4,802 • TOTAL (excepting item #41) Staff is recommending approval of these change orders with the exception of item # 41. 5 Cdr Shir~gbce J • 25 Years -and Building September 19, 2005 FAXEP~ OCi 13109 Tushie-Montgomery & Associates, Inc. 7645 Lyndale Avenue South, Suite 100 Richfield, MN 55423 Attn: Dan Pellinen Re: Change Order Request No. 31 (COR #31) PR #1, Item 1.3 Liquor Hutch Expansion & Renovation Hutchinson, MN Dear Dan: Attached is our Change Order Request No. 31, to credit back to the Owner the full amount of COR #4 (Change expanded polystyrene tapered insulation to polyisocyanurate insulation). We did not do this work. Please review and sign below if it is acceptable. If you have any questions regarding this request, please do not hesitate to contact me. . Sincerely, ~~ Jeff Bag oss Project Manager JB/dms cor ai-~o-io-as - . ~~ Enc. ~~' U Accepted by: ,h `~~ \~~b~ Date: eShi obee Builder8, Inc. 200 34th Avenue 6. ~ 669 N. Medina Street, P.O. Box 8 • Waite Park. MN 56381 Loretto, MN 55357-0008 Bus: (320) 202-1300 Fax: (320) 20Z-9192 Buy: (763) 479-]300 Fax: {763) 4't~-3261 General Contractor Construction Management Debign/Build Real Estate c5ervice wa~wshingobee.wm ~~ 1~ Shir~gbPz • r~ LJ 25 Years -and Building October 13, 2005 Tushie-Montgomery & Associates, Inc. 7645 Lyndale Avenue South, Suite 100 Richfield, MN 55423 Atfi: Dan Pellineh Re: Change Order Request No. 32 (COR f132) Liquor Hutch Expansion & Renovation Hutchinson, MN Dear Dan: FAXED OCT 13 2005 Attached is our Change Order Request No. 31, to furnish and install twelve (12) 2' x 2' truncated domes at handicap ramps for city sidewalk per the City of Hutchinson's request. Please review and sign below if it is acceptable. If you have any questions regarding this request, please do not hesitate to contact me. Sincerely, Jeff Ba stoss Project Manager JB/dms Cor 32-10.1305 Enc. Accepted by: Date: ~~ ~S L~ ~~~ g' I11f1gO~Jee Bll11C1ePe5, I11C. 669 N. Medina Street, PO. Box H 200 34th Avenue S. • lYi'aite Park, MN 56387 Loretto, MN 55357-0OOq Bus: (320) 2{71-1300 Fax: (320) 202-9192 Bus: (Z63) 4'9-1300 Fax: ('i63) 4'19-32b'Z General Contractor Construction Management Design/Build Real Estate Service marwshingobee.eom 5 (d~ t32B2N1'917G ~nlrwa~c o. v..~+.+.. sHlw.coBE~ suu.DERS, lwc. ~~- 204 - 34w Av.South Waite Bark. MN 58387 Phony 328.26;:-1300 • Fax: 320-202-94'ii2 'LO TU-§jtie*M 7845 Lvndale Ave. S.. Sbe 100 Richfield; MN 55423- we ARC sF~+inu+aG Y~ ^ Attached fl Under separate Dover we _ ~ foBovvlrg aam8: Shop drawings ^ Prirks ^ Plans. ^ Samples ^ Specificatbne Copy W Lelfer [] Dtfir#Be 'THESE ARE TRANSMITTED as checked below: ® For approval ^ Approved as submitted ^ Fa your use ^ Approved as noted ~^ Aa requested ~] t-~ retilew arxf t~mtunt i~j t=c~R t3fiDSi,3UE' «Octoixr27,2005 ~~ 05034' ~irerrtKM ~ -__ `-- ~ Din Pe1Gr~er- 1 k+uori~utch'~icdsnsttxt bRenovatkm HurrJ~nt;on. M FAX: 612-861-9632 FAX TRANSMIT]'AL '^ Returned for corrections ^~ ^ Resubmk ~ copes f9r.approvai ^ Submk tapka for dlstrilwlion j] Relum _ correc~d prima TIME: tl PRINTS RETURNED AFTER LOAN TO US COPY: file SIGNED ~~~ Bi~pp@/1SfOSS p orrcfoaures sre not ss noted, kNrdy aotly ua at once. t PAIfE((S) TD FOLLfNM C 5~~ Shit~gbee • • 25 Years -and Building October 27, 2005 Tushie-Montgomery & Associates, Inc. 7645 Lyndale Avenue South, Suite 100 Richfield,. MN 55423 Attn: Dan Pellinen Re: Change Order Request No. 35 (COR #35) Liquor Hutch Expansion & Renovation Hutchinson, MN Dear Dan: FAXED OCT 2 7100 Attached is our Change Order Request No. 35, to change the file manufacturer from Floor Gres Tile to Slate Solutions on base bid. Please review and sign below ff it is acceptable. If you have any questions regarding this request, please do not hesitate to contact me. Sincerely, G~ Jeff Bag stoss Project Manager JB/dms ~~ cor as- razz-os Enc. ~~C~~ ~~ q-~ d Accepted by: (.~ ~~~~ Date: eShingobee Builder, Inc. 200 34th Avenue b. • Waite Park. MN 56384 Bus: (320) 202-1300 Fax: (320) 202-9192 General Contractor Construction Management Design/Build www.shingolxe.com 669 N, Medina Street, P.O. Box 8 LoreUo, MN 55357-0005 Bus: ('763} 4'19-1300 Fax: (463) 449-3267 12ea1 Estate e~ierviee SC~~ +3202029192 SHING01?EE 57 CLOUD • • 202 P02 OCT 28 '05 11:03 Shir~gbee 25 Years -and Ba1Jding October 28, 2005 Tushie-Montgomery 8 Associates, Inc. 7645 Lyndale Avenue South, Suite 100 Richfield, MN 55423 Attn: Dan Pellinen Re: Change Order Request No. 36 Revised (COR 1136) Liquor Hutch Expansion & Renovation Hutchinson, MN Daar Dan: Attached is our Change Order Request No. 36, to furnish and Install additional steel stud framing, bracing, and drywall for the new soffit at the existing beer cooler. The existing beer cooler is lobe removed and the existing wall above the cooler is currently resting on the cooler. The wail will need 1o be raised t0 match the soffit at the new cooler, wtilch also Includes dtywall`to match new cooler soffit and bracing to hold existng wall Lsofflt In place. Please review end sign below if R is acceptable. If you have any questions regarding this request, please do not hesitate to contact me. Sincerely, Jeff ea stoss Project Manager / 2 c.Ba/ed tmoan.ac ~ $~6~ Enc. ~ ~1~ ~~ ~`Q ~,i~y Accepted by: ^, _ . Date: chin olx:c: f~uil~ier~, Inc. 200 'i4Ui Avcmu- ,~ ~ lW9 N. Mc,.iinn c~lrrc'I, p.( ~. Ik+n Z; • Walr. l~eit; MN `u'fAT I,caci.l,,, MN ~i'Pi7{XkJN nisi ('120) 202i'kX1 rax: 0120) p,(y2~iPr1 nun; pb'1) 47a 1'00 Ynx: (7b'S) 47A-1267 ('~:nc~rnl C'.onf.rtletor~ C'cm,ellu~:liru M:m;~yemrnl. lk~tiign/tluild~ 4~cul N.~<a1t,~. LtirlVic.C' m wv.al d~~~ ~ti•, ~..r+w s~~ +3202029192 SHINGOBEE 5T CLOUD t17b u..1 m -~ aa:w Shic~bee 25 Years -and 8allding October 28, 2005 Tushie-Montgomery & Assoolates, Inc. 7845 Lyndale Avenue South, Suite 100 Richfield, MN 55423 Attn: Dan Pellinen Re: Change Order Request No. 37 Revised (COR fl37) Liquor Hutch Expansion 8 Renovation Hutchinson, MN Deer Dan: ~~ Attached is our Change Order Request No. 37, for additional fire taping, flresefing and spraying at the existing demising wall between Liquor Hutch and Econo Foods, per instructions given to Shingobee Builders, Inc. by local Building Official. Lenny Rutledge. This work was not shown on construction dowments. Costs per terms of Regal Contractors quote. This work will need to be completed ASAP. Remodel work cannot continue on the Liquor Hutch side until this work has been completed. This discovery will cause a delay for this project. We-will request five (5} additional working days to complete this change. Please review and sign below iF it is acceptable. If you have any questions regarding this request, please do not hesitate to canted me. Sincerely, `/~ Jeff Bag's Project Ma J81dms Q GI9-tb27-0S v J~~~~f ti Enc. ~Q~`a ~~ Accepted by: ~ ~ fiihin~obee 13uilc~er~. InC'. ~ N. Itc:~tina Ndrexl. uc). n~+x a 2l',0'i4(h Avrnur ,~. Date: Wnilr. Urrtc. MN `)b`ki? IR+rcllx~, MN 55'3570001N t1nn: ('1'10) 2(~I'~iUU fax: ('120) 2029142 niu: (76'1) 4Z41'il~ t'ux: (7G'i) {74:1267 (:r:ueral ('.cmt.rnet.or C'.~~nMla•u~.l.ica, Mr~n,itcmrnl. I)rxi~n/I)ulld Real I„~lnlr. t)iervi~tc' 5~~ +3202029192 SHINGOBEE 5T CLOUD .-, ~~ 202 P12 OCT 28 '05 11:67 25 Years -and Building October 28, 2005 Tushie-Montgomery 8 Associates,. Inc. 7845 Lyndele Avenue .South, Butte 100 Richfteld MtV'55423 Attn: Dan Pellinen Re: Change OMer Request No. S8 Revised (GOR f138) LlquorHutch Expansion & Renovation Hutchinson, MN Dear Dan: Attached is our Change Order Request No. 38, to repair existing walls in warm beer and general storage areas, before completion of this project, as directed by Candice Woods. Please review andsign below If tt Is acceptable. If you have any questions regarding this request, please do not hesitate to contact me. Sincerely, G~~~~/i' Jeff Ba nstoss Project Manager JB/dms ooae.+aaas Enc. ~~J" g 6~ 4Q ~~~/ Accepted by: ~~\ Date: ~fihingobee t~uilderM, inc. 20p'S4Ui Avcmu• ~,. 6N9 N. Pkdina c9lircl, l!(7, Ikm N • Weilc {dark, MN 5N'iFt7 I,cxcU~~. MN 55'Yfl{)ppN hue: ('i20) 2G7r1'iCk7 rux: ('9Z11) 2C2`~1~Y1 IS~i,+r (?69) 479•I')CXl Yux: (7tis) 479'i2G7 l ~nci'sl ('onln~ctar ('.~~ux~lrurllcai Manr~emenl I)c:~i~;n/tiuilcl Real I':nlalc- ~'3arvicr• avwmrJiiu,;~d xr.,~nn 5 ~~~ Shir~gbee 25 Years -and Building FAXED October 27, 2005 Tushie-Montgomery & Associates, Inc. 7645 Lyndale Avenue South, Suite 100 Richfield, MN 55423 Attn: Dan Pellinen Re: Change Order Request No. 39 (COR #39) Liquor Hutch Expansion 8~ Renovation Hutchinson, MN Dear Dan: OCT 2 7 20~ Attached is our Change Order Request No. 39, to frame and rock around the existing column located on the south wall of Vestibule "B" in Room 12B. Please review and sign below if it is acceptable. If you have any questions regarding this request, please do not hesitate to contact me. • Sincerely, ~~ Jeff enstoss Project Manager JB/dms c« ae - io-2~-0s Enc. 6 Accepted by: ~~~~~ ~~ Date: ~`~~ eShingobee Builders, I11C. 669 N. Medina 6treef. P.O. Box S 200 34th Avenue b. cite Park, MN 56387 torettto, MN 55351-0008 us: (320) 20Z-1300 Fax: (320) 2029192 Bus: (i69) 479-1300 Fax: 0763) 419-326? General Contractor Construction Management Design/Build Real Estate Service mww.shingobee.eom ~ 1~ 5 Shit~gbe~ • • 25 Years -and Building October 27, 2005 Tushie-Montgomery & Associates, Inc. 7645 Lyndale Avenue South, Suite 100 Richfield, MN 55423 Attn: Dan Pellinen Re: Change Order Request No. 40 (COR #40) Liquor Hutch Expansion & Renovation Hutchinson, MN Dear Dan: FAXED QCT 2 7 2aD5 Attached is our Change Order Request No. 40, to provide and install additional water piping to relocated ice machine and condensation line to floor drain at Workroom 15. This information was not shown on construction documents. Please review and sign below if it is acceptable. If you have any questions regarding this request, please do not hesitate to contact me. Sincere) , L J ff Baggenstos: Project Manager JB/dms core- io-z~-0s Enc. A ~~ / Accepted by: ~,4Q~ ~~L~~t1~ Date: f`` I~~'~ eShingobee Builders, Inc. 200 34th Avenue S. • Waite Park, MN 56384 Sus: (320) 2021300 Fax: (320) 202-9192 General Contractor Construction Management Design/Build wwwshingobee.com 669 N_ Medina Street, P.O. Box 8 Loretto. MN 55357{X708 Bus: (763) 479-1300 Fax: (763) 449-3264 Real Estate Service 5~d~ Shit~gbce • • 25 Years -and Building October 27, 2005 Tushie-Montgomery & Associates, Inc. 7645 Lyndale Avenue South, Suite 100 Richfield, MN 55423 Attn: Dan Pellinen Re: Change Order Request No. 41 (COR #41) Liquor Hutch Expansion & Renovation Hutchinson, MN Dear Dan: FAXED OCT 2 7 ?.005 Attached is our Change Order Request No. 41, to furnish additional aggregate base and bituminous paving at the parking per attached drawing. The additional material was required due to the condition of the parking lot paving and the condition of the paving for the street patching along Washington Avenue. Please review and sign below if it is acceptable. If you have any questions regarding this request, please do not hesitate to contact me. Sincerely, Jeff Ba enstoss Project Manager JB/dms Car t7 -1427-05 Enc. Accepted by: Date: ~L~ (keQt~i+~°1~'i ,~°"q~ . eShin obee Builders, Inc. • 200 34th hvenue s. g 669 N. Medina btreel, P.O. Box 8 Waite Park, hhN %38Z Loretto. MN `b35Z-0008 Bus: (320) 2021300 Fax: (320) 2CY2.9192 Bus: (Z63) 4'19-1300 fax: ('Z63) 4i9-3262 Genera] Contractor Construction Management Design/Build 12ea1 Estate c~iervice wv~w.shin~obee.com SCd~ nn TO: Mayor and City Council FROM: Tom HIoss, Director of Information Technology ~, RE: Police Booking/Mug shot Software DATE: 11/8/2005 At the Hutchinson City Council Meeting on October 25`" the item for replacing the Booking/Mug Shot System was tabled to allow time for additional reseazch by the IT Department. Council had concerns about adding an additional software package to an already lengthy list of items the Technology Department supports. The current system, ID Suites by Image Management International, is no longer supported nor is there an upgrade path. At the time the software was a good system to transition from a paper • based booking system to an electronic booking system but we have not only out grown the system the technical support has been dropped as of October, 2003. If a major glitch would happen inside the software we could be without a booking system would have no source for technical support from the programmers. Booking system software has grown from a simple database structure to track hair color, eye color, etc. to systems that calculate photo lineups based on many pazameters. The system is capable of communicating with our finger print system and possibly our records system with some additional programming. We would look at that as a future project to reduce more of the redundant entry required by the existing system. The needs of the booking system reach beyond a simple database where you can pull up all people with blue eyes. The softwaze is now programmed to do "fuzzy" seazches based on descriptions of a suspect. Due to the sophistication of the softwaze package and the data it collects along with the ability to communicate with other software packages we would be unable to program something in house to satisfy the needs of the department. The project quote for $20,000 includes all hazdwaze, software, setup, training, warranty and phone support for the first year. Maintenance and support are $2,400 per year after the initial 12 months. Staff is requesting Council approval to move ahead with the project. r 1 LJ $ c4~ • Office of the City Attorney C 111 Hassan Street SE Hutchinson, MN 55350.2522 320-587-5151/Fax 320-234-4240 M E M O R A N D U M n U • TO: Mayor Cook and City Council Members FROM: Marc A. Sebora, City Attorney DATE: November 3, 2005 SUBJECT: Ordinance No. OS-0421 -Ordinance Granting Authority to Obtain Criminal History Information The City of Hutchinson has traditionally conducted criminal background checks on applicants for City positions that handle money. The League of Minnesota Cities is now recommending that background checks be performed on all people offered employment within a municipality. In addition, the State of Minnesota Bureau of Criminal Apprehension has a policy in force that prevents cities from using their criminal history information for employment background checks unless that city has enacted an ordinance authorizing such checks. Should you have questions concerning this, I would be happy to entertain them at the City Council meeting. Primed on recycled paper - ~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 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 earliest date the applicant may reapply for employment. d. That all competent evidence of rehabilitation will be reconsidered upon reapplication. 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 fingerprints 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. Adopted by the City Council this 8`h day of November, 2005. Attest: Gary D. Plotz, City Administrator • • Steven W. Cook, Mayor $~~ • 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 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 earliest 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 withjuveniles 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 fingerprints 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. Adopted by the City Council this 8t" day of November, 2005. Attest: Gary D. Plotz, City Administrator Steven W. Cook, Mayor • ~~~~~~~ C • Hutchinson City Center 111 Hassan S[reet SE Hutchinson, MN 55350.2522 320-587.5151/Fax 320-234-4240 Vin': ?t:I ' TO: Mayor and City Council FROM: John P. Rodeberg, Director of Public Works RE: Consideration of Agreements with the State of Minnesota for Construction on Highway 7/15/22 ^ Resolution Approving Detour Agreement (Mn/DOT Agreement No. 88758) ^ Resolution Approving Cooperative Construction Agreement (Mn/DOT Agreement No. 88803) DATE: November 2, 2005 Although we have received an initial copy of the Cooperative Construction Agreement from the Minnesota Department of Transportation, we have a number ofissues that need to be addressed prior • to bringing the agreement to the City Council. The project itself will apparentlybe delayed due to the status of the property acquisition; so waiting to the next meeting will not slow down the project. We recommend continuing both of these items until the November 22, 2005 Council Meeting. cc: Gary Plotz -City Administrator Kent Exner -City Engineer John Olson -Public Works Superintendent Printed ov recycled paper - N ~(O G CITY OF HUTCHINSON • 2006 COMPENSATION PLAN Effective January 1, 2006 RESOLUTION NO. 12846 RESOLUTION ADOPTING POSITION CLASSIFICATION ASSIGNMENT TABLE AND CORRESPONDING PAY GRID EFFECTIVE JANUARY 1, 2006 WHEREAS, the City Council has considered the existing classification of positions for the City of Hutchinson and the current economic conditions, BE IT RESOLVED, that a Position Classification Plan is hereby adopted. All positions covered by this Resolution shall be grouped in grades having a definite range of difficulty and responsibility. For each position there shall be a title; and there shall be shown examples of work which are illustrative of duties of positions, as well as requirements as to knowledge, abilities and skills necessary for performance of the work; and a statement of experience and training desirable for recruitment into a position. A. Plan Obiectives • To establish and maintain a compensation plan that enables the City of Hutchinson to be highly competitive within our defined market. • To lead or exceed the market in attracting and retaining qualified, reliable and motivated employees who are committed to quality and excellence for those we serve. • To ensure, subject to the financial condition of the City, that employees receive fair and equitable compensation in relation to their individual contributions to the City's success. • To follow the principles of pay equity in establishing and maintaining pay relationships among positions based on the categories of the Stanton Point Factor System. • To ensure program flexibility necessary to meet changing economic, competitive, technological, and regulatory conditions encountered by the City. • To balance compensation and benefit needs with available resources. B. Plan Structure The compensation plan specifies salary range minimums and maximums. -The intent of each salary grade is to fall within 80 % and 115 % of identified market for positions within the grade. (See Attachment B) Each numbered pay grade in the basic table consists of the following: 1. Salary Minimum: The lowest amount paid to an employee in a specific job grade or class. No employee will receive less than the minimum rate. (80% of market) 2. Salary Mid-point: The middle of the salary range. (97.5% of market) 3. Market Rate: The market rate represents the competitive rate for an employee who is fully functional within their current position. (100%) 4. Salary Maximum: The difference between the salary market rate and the salary • maximum represents merit pay for employee performance above that expected of a ~~~-) particular job. No employee will be paid above the maximum of the salary range. (115% of market). • C. Onen Salary Ranee The City shall adopt an Open Salary Range compensation plan that will allow for maximum flexibility and in-rage salary administration since there are not defined or pre-calculated "steps". Employee movement within the pay grade range to which their position is assigned is based solely on performance. The open salary range concept rewards good and exceptional performers and advances employees to the mazket rate more quickly. (See item H. [4]) D. Position Classification Assienment The assignment table shall assign all of the various positions in the Position Classification Plan to the appropriate pay grade (See Attachment A). The City Administrator and Human Resources Director may jointly approve a reclassification of a position provided the reclassification does not exceed two grades upward or two grades downwazd from the current pay grade. To initiate consideration of this type of reclassification, the department director shall submit in writing the specific reasons for the reclassification. Any changes to the classification of a position of more than two pay grades shall be approved by the City Council. Requests for reclassification aze normally brought be fore the Council each January, and at other times of the year, as needed. To initiate such a reclassification request, the • department director shall submit a written request for consideration to the City Administrator and the Human Resources Director. The request shall include a description of significant or considerable changes to the position that warrant a reclassification. The City Administrator and Human Resources Director will determine if the reclassification request is to be forwarded to the City Council for consideration. E. Allocation Of New Positions When a new position is created for which no appropriate description exists or when the duties of an existing position are sufficiently changed so that no appropriate description exists, the City Council, after recommendation of the Human Resources Director, shall cause an appropriate job description-specification to be written for said position. F. Pav Grades 1. Exempt Employees Each position is assigned a pay grade. The normal beginning rate for a new employee will be the minimum rate. After satisfactory completion of twelve months probation, an increase may be granted as warranted by the annual performance appraisal. Thereafter, consideration for increases will be given annually on each individual anniversary date. The City Administrator reserves the discretion to adjust individual rates within the • assigned pay grades as required. The Council will determine any pay increase for the City Administrator. Consideration for market adjustment for all pay grades will be made each January 1. ' 2. Non-Exempt Employees Each position is assigned a pay grade. The normal beginning rate for a new employee will be the minimum rate. After satisfactory completion of twelve months probation, an increase may be granted as warranted by the annual performance appraisal. Thereafter, consideration for increases will be given annually on each individual anniversary date. The City Administrator reserves the discretion to adjust individual rates within the assigned pay grades as required. Consideration for market adjustment for all pay grades will be made each January 1. 3. Police Patrol Positions The position of full time police patrol officer is assigned to Grade 5 on the pay plan. Temporary assignments will be made from these positions as needed for the investigative function for the department. With said assignment, there will be an additional $200.00 per month premium on top of the employee's patrol officer pay grid assignment. 4. Part-Time Liquor Store Clerk, Part-Time Custodial and Part-Time Compost Site Monitor Positions The part-time positions of liquor store clerk, custodian, and compost site monitor have been placed in separate pay plans that recognize the specific industry labor markets in which they work. . The City Administrator and the Human Resources Director, as directed by the Administrator, shall maintain the discretion to hire at any point within the range based on the qualifications, experience, market conditions or other relevant factors, to secure the best candidate for the position. G. Apprenticeship Program City Administration will implement for 2006 an apprenticeship program for those Water and Wastewater Department positions subject to identified employee development including required licensures/demonstrated skills, experience /longevity, and maturation in a position that directly affect the department's ability to deliver municipal services. H. Performance Evaluations For all regular full time and part time employees, a performance appraisal or evaluation will be made at the time of the employee's anniversary date. An evaluation made by the employee's supervisor shall be submitted in writing to the employee and to the City Administrator. All evaluations will be forwarded to Human Resources for filing in the employee files. 2. Evaluations shall be based upon the performance of the individual in the position measured against established job performance criteria. Such criteria may include level of knowledge, skills, ability, quality of work, personal work traits, compliance with • established City or departmental rules and regulations or any other criteria that is indicative of performance. 3. The performance appraisal process is the application of performance standards to past performance. In appraising an employee, these are the basic levels of performance: 5 -Outstanding -Performance is exceptional in all azeas and is recognizable as being far superior to others. 4 -Exceeds Job Requirements -Results clearly exceed most positions requirements. Performance is of high quality and is achieved on a consistent basis. 3 -Meets Job Requirements -Competent and dependable level of performance. Meets performance standards of the job. 2 -Needs Improvement -Performance is deficient in certain area(s). Improvement is necessary. 1 -Unsatisfactory -Results are generally unacceptable and require immediate improvement. 4. Results The results of the employee's evaluation will normally have the following effect on his/her salary per the following Merit Increase Guide: Merit Increase Guide for Open Salary Ranges Achievement Level 0 to 1.1 to 2.0 to 2.76 to 3.51 to 4.26 to 1_0 1.99 2.75 3_5 4.25 5_0 Comps-Ratio* 80.0 - 84.9 0% 0% 4% 5% 6% 7% 85.0 - 89.9 0% 0% 4% 5% 6% 7% 90.0 - 94.9 0% 0% 3% 4% 5% 6% 95.0 - 99.9 0% 0% 2% 3% 4% 5% 100.0 - 104.9 0% 0% 0 % 2% 3% 4% 105.0-109.9 0% 0% 0% 1% 2% 3% 110.0 - 115.0 0% 0% 0% 0% 2% 3% u Draft % Increases (to be finalized with consultant input) *Compa-ratio refers to the location of the individual to the range relative to the market. 5. Market Conditions Notwithstanding any language to the contrary, the City Council retains the right to deviate from the pay plan when, in the sole judgment of the City Council, mazket conditions or other circumstances dictate such a decision. The City Administrator and Human Resources Director maintain final approval responsibility for salary increases I. Annual Market Adiustment Consideration The Wage Committee recommends an annual market adjustment, expressed as a percentage • increase, to the City Directors for review and to the City Council for review and approval. The amount approved, if any, is applied to the wages of all eligible employees on the first payroll day • of the year. Eligible employees include all regular full time and regular part time employees except those who have been subject to disciplinary action per Section 22 of the City of Hutchinson Employee Handbook -Personnel Policy as follows: An additional consequence of disciplinary action more severe than level a -oral reprimand -will be the permanent loss of the January 1 market adjustment in the calendar year following such disciplinary action. This will occur unless the director in charge and the City Administrator decide otherwise. Any market adjustment on January 1 of any year shall be separate and apart from the individual anniversary increases. In determining a recommendation for an annual market adjustment, the wage committee shall consider, at least the following information 1. U.S. and Minneapolis/St. Paul consumer priced index changes (CP1U & CPIW) 2. Social Security calculation of cost of living increase 3. Unemployment rate 4. Employee turnover rate 5. Area wage survey 6. Legislative growth factor constraints J. Modification of the Plan • The City Council reserves the right to modify any or all of the components or to vary from any of the components of the Compensation Plan at its discretion and at any time. K. Review of the Plan As often as necessary to assure continued correct classification, the Position Classification Plan shall be reviewed by the Director of Human Resources and necessary adjustments recommended to the City Council. It is recommended that a comprehensive review be completed at least every three years. L. Filing of the Plan Upon adoption of the Resolution, a copy of the Position Classification Plan approved by the City Council shall be placed on file with the City Administrator. The plan so filed and subsequently adjusted by the Council shall be the Position Classification Plan of the City. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON That the following table is hereby adopted as the City Position Classification Assignment Table, to be reviewed from time to time, assigning the various positions in the Position Classification • Plan to the appropriate pay grades in the table. Pay grades for regular part time (PT) positions are assigned according to job responsibilities at the discretion of the City Administrator and Director of Human Resources. __ _ Grade.. Position Title ~ '- Grade _ Position Title `- 7 ' - -_ ~ -- 1 Office Speaahst (PRCE) _ 4 _. _ _- Public Works Program Specialist _-_ _ _ PT Cemetery Maintenance Worker Senior Public Works Maintenance Specialist __ __ _ _.-r - -" ~ ~ PT Water Maintenance Worker Senior Wastewater Maintenance S ecialist __._ ____._ P __-. , PT Compost Scale Operator ~ _ . an (Fire Station/Library/Event Center) PT Cusoti 5 Event Center Coordinator v__ ,-- ,.. --_ -- _ _- _ ~- -- - - - __ Executive Assistant/Paralegal 2 Administratne Secretary (Public Works) GIS Specialist Senior Office Speicalist (Bwlding) Information Technology Specialist -- - _ _ _ Utility Billing Specialist Natural Resources Specialist ---~ ~, __ _ _ ___.__ _. _ - . ,._ _. PT AccountingSpeaalist °' Police Officer FT/P __ _~ PT Human Resources Technician __ .._ . _. ____ _.e.__.__ _ _ . Senior Engineering Specialist, - _ _ ---_-r-,-----------._ _.~ _.__-_ PT Liquor Sales Clerk ~__ PT Licensing Clerk 6 Assistant Liquor Sales Manager! PT Senior Office Specialist (PRCE/Wastewater) City Forester Recreation Services Coordinator ~ 3 Police Records Specalist _ __ _ _ _ _ _.- ~.. _.. _.... _.._ ~. _ _. __ ' _ __. ~.._ ___ .._._v.. _ ®~ Police Supplemental Services Specialist 7 .Building Official General Maintenance Worker (City CenterlEvent Center) .Compost Supervisor . Administrative Secretary (Engineering/Planning/Police) ---- Water Systems Supervisor '-r- Lab Speaalist/V1lastewater Operator. _-___ Senior Liquor Sales Clerk 8 • Motor VehicleDeputy Registrar Parks Maintenance Equipment Operator Parks Supervisor ArenalCivic Center Maintenance Specialist Police Sergeant ,Heavy Equipment Operator Recreation Facilities Operations Manager Public Works Maintenance Specialist Water Plant Operator 10 Police Lieutenant . _ Wastewater Services Operator Public Works Superintendent Licensing Specialist __. _ r _ _ __..._ _ . __._. _ _.._..__ ______ _ .-- __._ Compost Equipment Operator - 12 _ City Engineer _. - - __ Compost Equipment Maintenance/Operator _ - __ _... _ _ ..._. _ _ Economic Development Director _. _ .. _ __ __a._ ~ _. _.._.._~.._...__._. ._ _ _ PT Senor Accounting Specialist Fire Chief -- -- __ _. PT Recreation Specialist Human Resources Director IT Director _ - - _ _ _. 4 Accountant Liquor Sales Manager __ _ __ _ _ _.._ _ Building Inspector Planning erector .Cemetery Supervisor Water/Wastewater Director Compost Operations Specialist _ Emergency Dispatcher (FT/Ply 14 Finance Director -- - - - - - Engineering Specialist Police Chief/Emergency Management Director Equipment Mechanic PRCE Director Fire Inspector Lead Compost Equipment Operator 16 City Attorney =Lead Parks Maintenance Worker - - -- _ -- Parks Maintenance Specialist Payroll/Benefits Specialist - 17 Public Works Director . Police Investigations Specialist 19 City Administrator Plant Equipment Mechanic _ AtY ent R • • City of Hutchinson 200 6 Compensation Plan -Pay Grid (+3. 5%) Mid-Pt. Mid-Pt. Market Market 80% 80% 97.5% 97.5% 100% 100% 115% 115% 19 $6,544 $37.755 $7,976 $46.013 $8,180 $ 47.193 $9,407 $ 54.272 18 $6,306 $36.379 $7,685 $44.337 $7,882 $ 45.474 $9,064 $ 52.295 17 $6,067 $35.004 $7,394 $42.661 $7,584 $ 43.755 $8,722 $ 50.318 16 $5,828 $33.624 $7,103 $40.979 $7,285 $ 42.030 $8,378 $ 48.334 15 $5,589 $32.244 $6,811 $39297 $6,986 $ 40.305 $8,034 $ 46.350 14 $5,350 $30.868 $6,521 $37.621 $6,688 $ 38.585 $7,691 $ 44.373 13 $5,112 $29.493 $6,230 $35.944 $6,390 $ 36.866 $7,349 $ 42.396 12 $4,874 $28.117 $ 5,940 $ 34.268 $ 6,092 $ 35.147 $7,006 $ 40.419 11 $4,634 $26.737 $ 5,648 $ 32.586 $ 5,793 $ 33.422 $6,662 $ 38.435 10 $4,395 $25.357 $ 5,357 $ 30.904. $ 5,494 $ 31.697 $6,318 $ 36.451 9 $4,157 $23.982 $ 5,066 $ 29.228 $ 5,196 $ 29.977 $5,975 $ 34.474 8 $3,918 $22.607 $ 4,776 $ 27.552 $ 4,898 $ 28.258 $5,633 $32.497 7 $3,680 $21.231 $ 4,485 $ 25.875 $ 4,600 $26.539 $5,290 $30.520 6 $3,440 $19.847 $ 4,193 $ 24.188 $4,300 $24.808 $4,945 $28.529 5 $3,201 $18.467 $ 3,901 $ 22.506 $4,001 $23.083 $4,601 $26.546 4 $2,963 $17.096 $3,611 $20:835 $3,704 $21.370 $4,260 $24.575 3 $2,724 $15.716 $3,320 $19.153 $3,405 $19.645 $3,916 $22.591. 2 $2,485 $14.336 $3,028 $17.472 $3,106 $17.920 $3,572 $20.608 1 $2,246 $12.960 $2,738 $15.795 $2,808 $16.200 $3,229 $18.630 PT Custod ian $11.31 $13.78 $14.14 $16.26 PT Li uor Store Clerk $8.58 $10.45 $10.72 $12.33 PT Com ost Monitor $8.05 $9.81 $10.06 $11.57 This Resolution authorizes staff to change 2006 budget appropriations to reflect rate changes. Adopted by the City Council this day of Steven W. Cook, Mayor 2005. (This Replaces Resolution No. 12566 ATTEST: Gary D. Plotz, City Administrator TO: Mayor and City Council FROM: Tom I{loss, Director of Information Technology~~j-. 1 RE: Fiber Cable Project Waste Water, Cemetery and Event Center DATE: 11/10/OS There is a City owned fiber connection between City Center and the Waste Water Treatment facility. This is the main connection which then branches off from Waste Water to serve CreekSide, HATS and the Park Garage. Currently the fiber cable is over head between the Fire Department to the Armory. The poles that the cable currently hangs from will betaken down by Hutchinson Utilities in 2006. Utilities personnel will remove the old cable at the time the poles aze removed which reduces the overall cost of the project. . This project also involves branching off and serving Oakland Cemetery and the Event Center. The system will then branch off from the Event Center as a separate project to serve the Rec. Center, Fair Grounds and make a conhection to Ridgewater College. The Ridge Water College connection will give the Police Department a connection to the BCA and a City connection to LOGIS. This connection will also provide a faster less expensive solution to LOGIS than what is currently in place. This also opens the door to lease lines to the County and State. The low quote was offered by Underground Piercing at $45,600. Waste Water cost is $23,300 which covers the link between Waste Water and City Center. Capital Improvement cost is $22,300 which covers the link to Oakland Cemetery and Event Center. Staff is requesting Council approval to move ahead with this fiber project. ~ ~~~ Map C r~ LJ Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350-2522 324587-5151/Fax 3TA•234-41A0 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Public Works RE: Consideration of Consulting Agreement for Wastewater Operations Support Services DATE: November 2, 2005 Attached is a proposal for engineering consulting services related to Wastewater Administrative Support services. As previously discussed, we had planned and hoped that we would have the Senior Wastewater Operator hired and on-staff by now. However, yet again, we were not able to fill that position. We are currently working on reviewing our options and are planning for moving ahead in potentially a slightly different direction. We have now been without this position for about three years. Lack ofprogress or coverage in azeas of work related to training staff, supporting Wastewater • Operations, developing Standazd Operating Procedures and other administrative support services are creating concerns from staff and management. We have therefore reviewed the potential forutilizing consulting services for many of these items until the position is filled. We approached three consulting firms that specialize in on-site support services for Wastewater Facilities. People Service (who provide service to Winsted, Arlington and other small towns in the area) was unable to provide the level and type of service that we needed. We did receive two proposals; one from SEH (they completed the recent Operations Review for the City) and Bonestroo (who now employee the person previously with SEH who completed much of the work in Hutchinson). Both consultants have highly qualified staff, and either would be extremely suited to complete the work. Based on the same scope of services, the SEH estimate totaled $48,800, whereas the Bonestroo proposal was estimated at $25,542. We recommend entering into a consulting agreement with Bonestroo, Rosene Anderlik & Associates for Wastewater Administrative Support Services. cc: GaryPlotz-City Administrator KentExner-City Engineer John Olson -Public Works Superintendent Randy De Vries -Director of Water/Wastewater r1 L_J -Printed on recycled paper - ~ //~ c, 10-25-O5;t 1:45AM ll lvY LJ LVVJ IL. JLI 11 111 LIIJLI\JL John Rodeberg Hutchinson, MN Scope of Consult Task 1 Provide assistance in treatment plant. This per week for 7-8 wee Task 2 Provide assistance in r personnel at the waste' include impacts of the level of effort: 20 how Task 3 Provide assistance to tl specific administrative per week for the first si EC;# 2 III N• L September 23, 2005 Page 2 Basic Services opini: critical Standard Operating Procedures (SOPS) for wastewater will consist of on-site coordination approximately 4-5 hours one day tima' ed level of effort: 40 - 50 hours. ig w rstewater job descriptions to reflect changing roles and duties of tree,:ment plant. This work will also incorporate provisions to ;ntivship program being implemented by the City in 2005. Estimated City o~ . an ongoing basis as authorized by the City for such other non- sks as nentoring or instruction of staff. Estimated level of effort: % day month: . Task 4 Continuation of Task 3 ~;.at a redr ced level of effort: 'ii day per month for the second six months. Compensation For the Basic Services ¢utlined cbove, the City will pay Consultant on an hourly basis in accordance with the Biding Rat':: Schedule attached as Appendix A in the amounts indicated below, plus Reimbursalle Expe_~ses. The 2005 hourly billing rate for Jim Miller is $129. Task Com ensat an Compensation based on: 1 $6,450 , Nc t-to-exceed amount for labor 2 2,580 i Nc t-to-exceed amount for labor 3 13 416 ' Yz is 4 hours)(week for 6 months 4 3,096 ~ %Z la 4 hours /month for 6 months Total $25,542 Supplemental Services iI 'define l as services authorized by the City and performed by the Consultant, which are qot inclur ed in Basic Services -shall be paid for by the City on an hourly basis in accordance wit}t Appen aix A plus Reimbursable Expenses. i Standard Terms a~~~ Concitions The Standard Terms ank3'Condi' ions attached as Appendix B are incorporated in this Agreement. • J:SMK71AGR1Hulchinson A7 0 III VYVVTF ae~.nin assl51ance10-25-O5.doc 2 l C~ J Page 1 of 1 • • C~ Randy Devries From: John Stodola [jstodola@sehinc.com] Sent: Thursday, October 27, 2005 9:27 AM To: John Rodeberg; Randy Devries Cc: Dave Halter; John Fisher Subject: Compensation Information Hi John, Randy John Fisher and I discussed the four tasks in the Scope of Consultant's Basic Services which he received by fax on 10125/05. John is committed to being available to provide the requested services and has discussed the possible scheduling arrangements during his visit with you last week. In the fax, Randy requested the compensation information by today. We estimated the time and cost for each of the four tasks separately and offer the following estimated fees; Task 1.... ....$10,700 Task 2.... ....$ 3,300 Task 3.... ....$27,100 Task 4.... ....$ 7,700 The total estimated fees for the four tasks is $48,800. Thank you for your consideration for these services. John Stodola (651.490.2100) 10/27/2005 a c~~ U • • Bonestroo 0 Rosene Anderlik & Associates Engineers b Architects September 23, 2005 2335 West Highway 36 • St. Paul, MN 55113 Office: 651-636-4600 • Fax: 651-636-1311 www.bonestroo.com John Rodeberg Director ofEngineering/Public Works City of Hutchinson 111Hassen St. SE Hutchinson, MN 55350-2522 Re: Wastewater Administrative Services Dear John: I recently met with Randy DeVries to discuss the status of your administrative progress in addressing the areas of concern at your wastewater treatment plant. Randy expressed a need for additional support to help the City with its review of staffing needs and performance, and indicated that ongoing assistance may be needed. In response to this request, I arrt pleased to offer this proposal for your consideration. I would also like to thank you and Randy for giving us this opportunity to help improve efficiency at the plant. I have enjoyed working with City of Hutchinson staff and look forward to continued involvement in your community. Our proposal for providing wastewater administrative services ("Project") is summazized in the form of this letter that, when signed, will become an agreement between the City of Hutchinson ("City") and Bonestroo, Rosene, Anderlik & Associates, Inc. ("Consultant"). Project Description/Understanding The City has been conducting a thorough review of staffing needs and staff performance at its wastewater treatment plant. Several key azeas have been identified that require further evaluation. The City has initiated a number of efforts to strengthen the ability of present and future staffto provide better service to the community. Two specific areas of assistance have been identified regarding the development of critical standard operating procedures and modification of job descriptions. This will include recent procedural requirements and inclusion of the apprenticeship program elements that are presently being implemented. The City may also desire other forms of administrative assistance. S[. Paul, SL Cloud, Rochester, MN • Milwaukee, WI • Chicago, IL /~ ` Affirmative Action/Equal Opportunity Employer and Employee Ownetl ( t • • Jahn Rodeberg Hutchinson, MN September 23, 2005 Page 2 Scope of Consultant's Basic Services Task 1 Provide assistance in developing critical Standard Operating Procedures (SOPS) for wastewater treatment plant. This work will consist of on-site coordination approximately 4-5 hours one day per week for 7-8 weeks. Estimated level of effort: 40 - 50 hours. Task 2 Provide assistance in revising wastewater job descriptions to reflect changing roles and duties of personnel at the wastewater treatment plant. This work will also incorporate provisions to include impacts of the apprenticeship program being implemented by the City in 2005. Estimated level of effort: 20 hours. Task 3 Provide assistance to the City on an ongoing basis as authorized by the City for such other non- specific administrative tasks as mentoring or instruction of staff. Estimated level of effort: 49~f) hours/year. ~ YZ ~ ~ ~.t,t. e e ~ - ~, ~. I'/~ s ~.L-~- S Compensation z For the Basic Services outlined above, the City will pay Consultant on an hourly basis in accordance with the Billing Rate Schedule attached as Appendix A in the amounts indicated below, plus Reimbursable Expenses. The 2005 hourly billing rate for Jim Miller is $129. Task Com ensation Com ensation based on: 1 $6,450 Not-to-exceed amount for labor 2 2,580 Not-to-exceed amount for labor 3 7,740 Estimated amount for labor. Actual amount may be more or less de endin on actual hours s ent. ~3 Supplemental Services - defined as services authorized by the City and performed by the Consultant, which aze not included in Basic Services -shall be paid for by the City on an hourly basis in accordance with Appendix A plus Reimbursable Expenses. Standard Terms and Conditions The Standazd Terms and Conditions attached as Appendix B are incorporated in this Agreement. C~ 4lhranas011user1MKT1AGR1HUtchinson Al 096 WWTF admin assistance.doc a~~J C J C~ • John Rodeberg Hutchinson, MN September 23, 2005 Page 3 Please have both copies of this letter agreement signed by the City's authorized representative(s) and return one copy to Jim Miller of our firm as our notice to proceed. We appreciate this opportunity to work with you in serving the City of Hutchinson. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. James Miller Project Manager ENGINEER: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ACCEPTED BY CITY: CITY OF HUTCHINSON By Dal By (Signature) (Printed name and litleJ Date By (Signature) (Printed name and title) Date \Ibranas0l\userlMKTMGR1Hutchinson Al 096 WWTF admin assistance.doc ~ / G\ • Appendix A 2005 Billing Rate Schedule Labor Classification Ran a of Standard Rates Sr. Princi al $116.00 - $175.00 Princi al 108.00 - 155.00 Pro'ect Mana er 104.00 - 138.00 Sr. En ineer 95.00 - 125.00 Architect Landsca a Architect 90.00 - 125.00 En ineer 75.00 - 108.00 Environmental Scientist 75.00 - 105.00 Desi ner GIS S ecialist Landsca a Desi ner 70.00 - 98.00 Drafts erson 62.00 - 83.00 Pro'ectTechnician 42.00 - 63.00 Field Su ervisor 76.00 - 110.00 Land Surve or Surve Crew Chief 65.00 - 100.00 Ins ector 64.00 - 91.00 Surve Technician 47.00 - 67.00 3-Person Surve Crew 155.00 195.00 2-Person Surve Crew 110.00 - 145.00 GPS Surve E ui ment 35.00 Total Station E ui ment 25.00 GIS Workstation E ui ment 20.00 GPS Submeter Unit er half da 75.00 These rates are adjusted annually in accordance with the normal review rocedures of Bonestroo, Rosene, Anderlik and Associates, Inc. 1lbranas011userlMKTAGR1Hutchinson Al 096 W WTF admin assistance.doc A-1~C~~ Appendix B • Standard Terms and Conditions SECTION 1. ENGINEER'S SERVICES borings, probings and subsurface explorations; hydrographic surveys, laboratory tests and inspections of Consultant ("Engineer') shall act as the City's ("Owner's") samples, materials and equipment; appropdate agent only as provided for within this Agreement. professional interpretations of all of the foregoing; property, boundary, easement, and dght-of-way surveys SECTION 2. THE OWNER'S RESPONSIBILITIES and property descriptions; zoning and deed restddions. The Owner shall: 1) Provide full information as to its requirements for the Project. 11) Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the work. 2) Furnish to the Engineer, prior to any performance by the Engineer under this Agreement, a copy of any planning, design and construction standards which the Owner shall require the Engineer to follow in the conduct of its services for the Project. 3) Place at Engineers disposal all available written data in the possession of or readily available to the Owner and pertinent to the Project, including existing reports, plats, surveys, contour mapping, utility mapping, record plans, wetlands, land-use, and zoning maps, borings and other data useful to the Engineer in the performance of its services. 4) Acquire all land, easements, and rights-of-way and • provide for land surveys and the preparation of legal descriptions and exhibits, cert~cates or plats, as may be necessary for the Project. 5) Provide access to the Project site and make all provisions for the Engineer to enter upon public and pdvate lands as required by the Engineer to perform its services. 6) Examine all studies, reports, sketches, Opinions of Probable Construction Costs, specfcations, drawings, proposals and other documents presented by the Engineer and promptly render the Owners decisions pertaining to each of such documents. 7) Designate a single person to act as the Owners Representative with respect to the Engineers services. Such person shall have complete authority to transmit instructions, receive information, and interpret and define the Owners policies and decisions with respect to services covered by this Agreement, subject to Owners governing body approval when required by law. 8) Give prompt written notice to the Engineer whenever the Owner observes or otherwise becomes aware of any defect in the Project or any development that affects the scope ortiming of the Engineers services. 9) Furnish, or instruct the Engineer to provide at the Owners expense, necessary "Supplemental Services" as may be provided for in this Agreement, or other services as they • may be required. 10) Furnish to the Engineer, as required by the Engineer for performance of its services, information or consultations not covered in the Engineers Basic Services, such as core 1Vbranas011userVulKT1AGR1Hu[chinson Al 096 W WTF admin assistance.doc 12) Provide legal review of the contract documents and provide any required accounting and insurance counseling services for the Projec[. 13) Act promptly on all constmdion Change Orders and provide authorization before Change Orders are issued to the Contractor on a Project. 14) If Owner desires, furnish inspection or monitodng services to verify that Contractor is complying with all laws or regulations and to verify that Contractor is taking all necessary safety precautions to protect persons and property, as the Engineer in this Agreement does not undertake to perform these services. In performing its services, the Engineer may rely upon the accuracy and completeness of all Owner-provided information. SECTION 3. COMPENSATION 3.1 Payment for Reimbursable Expenses Unless otherwise provided, in addition to engineering fees, the Owner will pay the Engineer for Reimbursable Expenses on the basis of the Engineers cost plus 10%. Although not a complete list, examples of Reimbursable Expenses include: the costs of plotting drawings and the reproduction of drawings and specifications; project-specific printing, duplicating, tabs and indexes; testing; mileage; travel and per-diem expenses of the Engineer for outof-town tdps required for the Project; long distance telephone calls and faxes as required to expedite the work; the costs for cellular phone calls/service for Engineers field personnel on a Project; project photographs taken before and during construction; construction stakes; postage and delivery charges; any new taxes, fees or costs imposed on the Engineers services (such as sales taxes) after the date of this Agreement; and outof-pocket expenses incurred directly for the Project. 3.2. Objections to Invoices/No Deductions It is important for the Engineer to be promptly informed of problems. If the Owner objects to any portion of an invoice, the Owner shall notify the Engineer in writing within twenty days of the invoice's receipt. The Owner agrees to pay any undisputed portions of an invoice. No deductions shall be made from the Engineers compensation on account of penalty, liquidated damages, or other sums withheld from payment to contractors, except as may be determined by mediation, [~ ~~~ B-1 arbitration, litigation or other dispute resolution mechanism to which the Engineer is a early. i~.3 Suspension of Work If the Owner fails to make payments when due or otherwise breaches this Agreement, the Engineer may suspend work after providing five days notice to the Owner. The Engineer will not be liable for any costs or damages resulting from such a suspension of work. 3.4. Progress Payments The Owner will make progress payments to the Engineer in proportion to senrices performed, as reasonably estimated by the Engineer. The Engineer will invoice the Owner monthly during the progress of the work. The Owner shall pay each propedy documented invoice of the Engineer within 30 days after the Owner's receipt of such invoice. Owner may not reserve as retainage any portion of a payment due under this Agreement. 3.5. InteresUCollection Costs The Owner agrees to pay the Engineer 1 % per month interest on all invoices of the Engineer, with interest beginning to accrue 30 days after the date of the invoice. If the Minnesota Prompt Payment Act (Minn. Stat. Sect. 471.425) requires a higher rate of interest, that rate shall apply. If the Owner fails to pay Engineer all amounts owing pursuant to the terms of this Agreement, the Owner agrees to pay all costs of collection, including reasonable attorney's fees, in addition to all other amounts due under this Agreement. SECTION 4. GENERAL CONSIDERATIONS 4.1. Standard of Care The Engineer shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinadly exercised by members of the profession under like circumstances. Nothing in this Agreement, or otherwise prepared as a result of the Project, shall modify the foregoing standard of care. The Engineer shall not be required to sign any documents that would result in it having to certify, guarantee or warrant the existence of conditions whose existence the Engineer cannot ascertain. 4.2. Delays Both the Engineer and the Owner will put forth reasonable efforts to complete their respective duties in a timely manner. Because the Engineer's performance must be governed by sound professional practices, the Engineer is not responsible for delays occasioned by factors beyond its control or that could not reasonably have been foreseen at the lime of preparation of this Agreement. 4.3. Opinions of Costs and Schedules Since the Engineer has no control over the cost of labor and material or over competitive bidding and market conditions, the Engineer's Opinion of Probable Construction Cost and of • Project schedules can only be made on the basis of experience or qualifications as a professional engineer. The Engineer does not guarantee that proposals, bids, actual Project costs or construction schedules will not vary from llbrana5011user,MKT1AGR1Hutchinson Al 096 W WTF admin assistance.doc Engineer's opinions or estimates. If the Owner desires greater assurance as to the anticipated Construction Cost of the Project, the Owner shall employ, or instruct the Engineer to provide as a Supplemental Service, an independent cost estimator. 4.4. Insurance 4.4.1. The Engineer agrees to maintain a professional liability insurance policy for negligent acts, errors or omissions in an amount of at least $3,000,000 per claim and $4,000,000 annual aggregate, on a claims-made basis, as long as such insurance is reasonably available under standard policies at rates comparable to those currently in effect. The Engineer will not cancel the insurance until thirty days after providing the Owner written notice. 4.4.2. The Engineer shall maintain: 1) Statutory workers compensation and employers' liability insurance coverage. 2) Comprehensive general liability and automobile liability insurance coverage in the sum of not less than $1,000,000 each. 4.4.3. Owner shall require Contractor to purchase and maintain general liability and other insurance as specified in the contract documents and to cause the Engineer and its consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project. 4.5. Use of Instruments of Service Documents (including Digital Data) prepared by the Engineer, such as drawings, specifications and reports ("Engineering Documents") are instmments of the Engineer's professional services, and not products. The Engineering Documents are prepared for a specific Project and may not be used by the Owner for other Projects. For health and safety reasons, the Owner agrees it will not use the Engineering Documents (except for computer hydraulic or hydrologic modeling data) for other purposes or provide them to other persons. If the Owner violates this provision, it waives any resulting claims against the Engineer, and agrees to defend and indemnify the Engineer from any resulting claim or liability (including reasonable attorneys' fees). 4.6. Digital Data 4.6.1. If included in Basic Services or Supplemental Services and as a convenience to the Owner, the Engineer will furnish the Owner with electronic data versions of certain drawings or other written documents ("Digital Data") provided in hard copy form. In the event of any conflict between a hard copy document and the Digital Data, the hard copy document governs. The Digital Data shall be prepared in the current software in use by the Engineer and is not warranted to be compatible with other systems or software. 4.6.2. Any Digital Data submitted by the Engineer iA the Owner is submitted for an acceptance pedod of 60 days ("Acceptance Period°). Any defects that the Owner discovers during this period and reports to the Engineer will be corrected by the Engineer at no extra charge. For correction of defects reported to the Engineer after the Acceptance Period, the Owner shall compensate Engineer on an hourly basis at ~~\ B-2 Engineer's normal billing rates. The Owner understands that the Digital Data is perishable and the Owner is responsible for maintaining it: 4.7. Termination. Suspension or Abandonment 4.7.1. The Owner or the Engineer may terminate or suspend this Agreement for substantial non-performance by the other party, including without limitation the failure to make payments in accordance with this Agreement. The parry terminating or suspending this Agreement shall give seven days written notice to the other party. 4.7.2. If the Project or the Engineers services are suspended for more than 90 days, the Engineer may terminate this Agreement upon seven days written notice to the Owner. The Engineer shall have no liability on account of a suspension by the Owner. If a suspended Project is reinstated, an equitable adjustment to the Engineer's compensation may be necessary. 4.7.3. In the event of termination or suspension permitted by this Agreement or abandonment of the Project by the Owner, the Owner shall compensate the Engineer for services performed prior to termination, suspension or abandonment and for services directly attributable to the termination, suspension or abandonment itself, together with Reimbursable Expenses. If the Owner propedy terminates Engineer for cause, Owner may withhold from Engineers compensation those damages directly attributable to the cause of the termination. 4.8. Dispute Resolution ~.8.1 In an effort to resolve any conflicts that arise out of the services under this Agreement, all disputes between the Owner and the Engineer arising out of or relating to this Agreement shall be submitted to nonbinding mediation prior to commencing arbitration or litigation. The Mediators fee shall be shared equally and mediation shall proceed only at a place where arbitration or litigation is proper. Mediation shall not be a condition precedent to arbitration or litigation if a party refuses to make reasonable arrangements for a mediation within 20 days of demand by the other party. If a dispute relates to or is the subject of a lien arising out of the Engineer's services, the Engineer may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or arbitration. 4.8.2 Unless the Owner and the Engineer mutually agree otherwise, all claims, disputes, and other matters in question arising out of or relating to this Agreement which are not resolved by mediation and where the amount in controversy is less than $1,000,000, shall be decided by binding arbitration in accordance with the then-most current Construction Industry Rules of the American Arbitration Association. The arbitrators will not have jurisdiction, power or authority to consider any claim or dispute: (a) where the amount in controversy is more than $1,000,000 (exclusive of interest and costs); (b) when the demand for arbitration is made after the date when a court action would be barred by any applicable statute or period of repose or IimRations; or (c) when the claim or dispute is a claim for contribution or indemnity arising out of a claim by a third party who does not consent to joinder in arbitration. 4.8.3 In the event of litigation or arbitration arising from or related to the services provided under this Agreement, the prevailing party is entitled to recovery of all reasonable costs 1\b2nas01\usenMKTWGR\Hutchinson Al 096 WWTF admin assistance.doc incurred, including staff time, court costs, attorney's fees and other related expenses. 4.8.4. If the Engineer or the Owner intends to assert a claim against the other as a result of a dispute with a third party, the claiming party shall notify the other party as soon as possible, and in any event prior to resolving the dispute with the third Party. 4.8.5. So that any claims of the Owner may be intelligently addressed by the Engineer, the Owner agrees to make no claim for professional negligence against the Engineer unless the Owner has first provided the Engineer a written certification signed by an independent design professional licensed in Minnesota and currently practicing in the same discipline. The cert~cation shall specify every act or omission of the Engineer that is a violation of the applicable standard of can; and the basis for the certifiers opinion(s). This certificate shall be provided no fewer than 30 days prior to instituting arbitration or suit. 4.8.6. Causes of action between the Engineer and the Owner relating to acts or failures to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of substantial completion of a Project. 4.9. Hazardous Substances The Engineer's scope of services does not include any services related to hazardous or toxic materials, including asbestos and PCBs. If it becomes known that such materials may be present at or near a Project that may affect the Engineers services, the Engineer may suspend performance of its services, without liability, and will assist the Owner to retain appropriate consuhants to adequately identify and abate such materials so that Engineers services may resume. Nothing in this Agreement shall be construed to require the Engineer to: (a) assume the status of a generator, Storer, transporter, treater, or disposal facility as those terms appear within the Resoume Conservation and Recovery Act, 42 USC 6901 et seq, as amended, or within any state statute governing the generation, treatment, storage and disposal of waste; or (b) arrange for the transportation, treatment, or disposal of hazardous substances, as described in the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC 9601, ef. seq, as amended. The Owner agrees to defend, indemnify and hold harmless the Engineer, its employees, subcontractors and agents from all claims, losses, damages liability and costs, including attorney's fees, relating to or arising out of hazardous or toxic materials at or near a Project. 4.10. Governing Law This Agreement shall be governed by the laws of the State of Minnesota and any dispute or dispute resolution process shall be venued in St. Paul, Minnesota. 4.11. Inteoration This is an integrated Agreement and it supersedes all prior negotiations or agreements between the parties. It shall be modified only by a written document signed by the party sought to be bound. The provisions of this Agreement are severable, and 'rf any provision is found to be unenforoeable, the remaining provisions continue to be valid, and the unenforceable provision shall be reformed with a valid Q C \ 8-3 provision that comes as near as possible to expressing the intention of the unenforceable provision. ~.12. Assionment and Waiver Except for the Engineer's use of necessary consultants, the Engineer and the Owner shall not assign or delegate their respective obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. The waiver of any tens or condition or breach thereof by either party shall not constitute a waiver of any other term or condition or breach thereof. 4.13. Enstineer's Services In performing professional engineering and mlated services, the Engineer is not engaged in rendering legal, insurance, or accounting services or advice. The Owner agrees that documents prepared by the Engineer, including reports, bidding materials, and forth contracts will be reviewed by the appropriate representative of the Owner, such as the Owner's attorney, insurance ceunsebr or other consultants, to the exent that Owner deems necessary to protect its interests. 4.14. Government Aoencies The Engineer shall not be liable for damages resulting from the actions or inactions of government agencies, including without limitation permit processing, environmental impact reports, dedications, zoning matters, annexations or consolidations, use or conditional use permits, and building permits. 4.15 Monitoring Work •If required by the scope of services, the Engineer will make visits to the Project site at intervals appropriate to the various stages of construction as the Engineer deems necessary in orcler to observe the progress and quality of construction. The Engineer will not be required to make exhaustive or continuous inspections on the Project site. Based on such visits, the Engineer will determine in general if the construction work is proceeding in accordance with the contract requirements, keep the Owner informed of the progress of the construction work, and will endeavor to guard the Owner against defective work. The Engineer will not supervise, direct, control, or have authority over or be responsible for the Contractors means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of the Contractor to comply with laws and regulations applicable to the work. 4.16. Americans with Disabilities Act The Engineer shall use reasonable professional effort and judgment in interpreting and advising the Owner as to the V\branas011user1MKT1AGR1Hutchinson Al 096 WWTF admin assisfance.doc necessary requirements for the Project to comply with the Americans with Disabilities Act (ADA). The Engineer shall rely on the local building department for interpretations of the ADA at the time the service is rendered. The Engineer does not warrant or guarantee that the Project will fully comply with interpretations of ADA requiromen[s by regulatory or judicial bodies. SECTION 5. LIABILITY Having considered the potential liabilities that exist during the performance of the Engineers services, the benefits of the Project, the Engineer's fee far its services, and the promises contained in this Agreement, the Owner and the Engineer agree that risks should be allocated in accordance with this section, to the fullest extent permitted by law. 5.1 Indemnification The Engineer and the Owner each agree to defend and indemnify each other from liability for claims, losses, damages or expenses (including reasonable attorney's fees) to the extent they are caused by their negligent ads, erors or omissions relating to this Agreement. In the event the claims, losses, damages or expenses are caused by the joint or concurtent negligence of the Engineer and the Owner, they shall be borne by each party in proportion to its own negligence. 5.2 Limitation of Liabilkv The Engineer's and its employees' aggregate liability to the Owner for any and all claims, losses or damages arising out of any Project or this Agreement for any cause shall not exceed the insurance proceeds available at the time of settlement or judgment This limitation shall apply regardless of the cause of action or legal theory pled or asserted. 5.3 Consequential Damaoes Neither the Owner nor the Engineer shall be liable to the other for any consequential damages incured due to the fault of the other or their agents. Consequential damages include, but are not limited to, loss of use and loss of profit. 5.4 Design without Construction-phase Services If the Engineer's Basic Services under this Agreement do not include Project observation, or review of the Contractors performance, or any other construction phase services, and that such services will be provided by the Owner, then the Owner assumes all responsibility for interpretation of the plans and specifications and for construction observation or review and waives any claims against the Engineer that may be in any way connected thereto. ~ ~~~ B~ • Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350-2522 320-587.5151/Fax 320.234-4240 z~ ~: ~~ TO: Mayor and City Council FROM: John P. Rodeberg, Director of Public Works RE: Consideration of Purchase of Skydive Hutchinson Property for Airport And Municipal Use DATE: November 2, 2005 We have talked with staff and Council members previously in regard to the potential sale of the Skydive Hutchinson property, and our desire to review the potential for a purchase by the City. We believe this issue raises several concerns and opportunities: o This facility is currently defined as a "through-the-fence" operation. This means that it has direct access to the airport property. This properly actually has a taxiway and an aircraft apron that extend directly up to the building from the runway/taxiway. Almost any other use of the building would be for non-airport related businesses. This would put the integrity and security of the airport at risk. ' o Our current official CIP for the airport filed with the State and FAA show our next significant proj ect on the site to be a maintenance facility for storage of snow removal. and other airport maintenance equipment. This facility would meet those needs extremely well. o There is space in the facility that would not be eligible for State or FAA funds. As we have noted before, this portion of the facility could be well utilized as a remote service center for the city. Uses have been reviewed with city staff, and could include equipment storage for emergency, streets, maintenance or other equipment and also office or meeting space. This appears to be a prime location in the growing area of the City for many services. We have proposed use of the City's CIP or other capital funding to cover these non-eligible costs. o Other skydiving operators have apparently shown little interest in the site to date, however one has proposed a reduced operation on the airport, although at a different site. If the City purchases this facility, there may be an option for leasing a small portion of the building to another operation. o LifeLink (medical helicopter service) has reviewed the potential use of the facility also. This would also be a good solution for the City if it were purchased for their airport-related use. However, the facility cannot feasibly be remodeled to suit the needs of their operations. o As noted in the attached minutes from the Airport Commission, they strongly support the purchase of this property. We are recommending that the City complete an appraisal of the land and building, and show an official interest to the property owner by approving the attached Resolution and entering into and agreement with Robinson Appraisal & Associates for appraisal services (estimated at $1,000 - 1,500). • cc: Gary Plotz -City Administrator John Olson -Public Works Superintendent Julie Wischnack -Director of PlanningBuilding/Zoning Pn~[ed on ruyded paper - ~ I ..I \ • RESOLUTION NO. 12848 RESOLUTION REGARDING SKYDIVE HUTCHINSON PROPERTY WHEREAS, the owners of the business known as Skydive Hutchinson wish to sell their property adjacent to the Hutchinson Municipal Airport, and WHEREAS, the use of the property by anon-airport related business would create safety concerns and potential hardships for the uses on the airport property, and WHEREAS, the property has potential benefit to the City of Hutchinson for airport and municipal related uses, and WHEREAS, financial support from the Minnesota Department of Transportation (Mn/DOT) and/or the Federal Aviation Administration (FAA) would help pay for that portion of the property that includes uses noted in the City's Capital Improvement Plan related to airport snow removal and maintenance equipment, and WHEREAS, the City desires to explore options for acquiring the property . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: The Council recommends and approves the completion of appraisal services to determine a value for the land and buildings, and supports the review and analysis of the feasibility of further actions towazd the purchase of the land, in conjunction with Mn/DOT, the FAA, and Skydive Hutchinson. Adopted this 8th day of November 2005, by the City Council of Hutchinson, Minnesota. Mayor -Steven W. Cook City Administrator -Gary D. Plotz q (d~ '}HUTCHINSON AIRPORT COMMISSION October 18, 2005 5:30 p.m. • DRAFT Airport AmvaVDeparture Building Minutes Members present: Dave Skaar, Chuck Brill, Doug McGraw Members absent: Jeff Lux, One open Commission seat Others Present: John Rodeberg, City of Hutchinson; John Olson, City of Hutchinson; Tom Parker, Hutchinson Aviation; Kelly Spratt, Life Link III; Tim Miller, tenant Karl Heisl, Civil Air Patrol Meeting called to order at 5:30 p.m. There was a quorum of members present. 1. Approve Minutes of September 20, 2005 meeting Motion made by Brill, second by McGraw to approve September 2Q, 2005 minutes. Unanimous approval. 2. Review 2005 Proposed Capital Improvement Program Olson reviewed 2005 Airport Improvements Fueling a. Underground electrical work completed b. A the was added to the project, since the trench for the electrical conduit was so wet. The tle has continued to drain the trench system since its installaton. • c. Staff will be responsible for landscaping and seeding repairs d. Existng cazd reader system will be used, resulting in a deduct change order of about $9,500. From discussion in September, it was determined the best situaton would be to add an Avgas hose reel to a future project. Under the existng project if is likely the ]rose reeVcabinet would not be funded through the existing grant. Cost of Avgas hose reeVcabinet is expected to be about $17,000. Conduit was added as a part of this project to expedite future installaton of an Avgas cabinet. The 2005 Airport Improvements Electrical (Re-bid) will likely begin in mid to late November. 3. Review private and/or commercial operations activity The Commission reviewed a request filed by Frank Murphy, Tandem Factory, LLC, to apply for placing a skydiving business at HCD. a. Requestidentified adequate insurance coverage b. City Minimum Standazds describes the need for a separate agreement with any skydiving or hot air balloon company operatng on the field. a Mr. Murphy is requesting to put up a field office and have atie-down and landing azea on the airport. d. Mr. Murphy is working with Tim & Rose Eakins to acquue the name "Skydive Hutchinson". Commissioners expressed general support for the operation. This discussion led to discussions regarding the Skydive Hutchinson property. Commissioners felt the business would be best served by that location, assuming the Airport were able to acquire the property. Motion by Skaar, second by Brill to recommend that the City Council pursue purchasing the Skydive Hutchinson • property to control access and land use at the north end of the mnway. Unanimous approval. Motion by Brill, second by McGraw to recommend that the City Council perform an appraisal which separates the land and building values. Unanimous approval. q (d~ Kelly Sprott, Life Link III, described what they hoped their fueling simation on the field would look like after the JetA tank was completed. Life Link III is considering some kind of remote fueling device to make fueling their helicopters easier and safer. Commissioners discussed the fact that a track would probably not be a good answer • and recommended that a tank, able to be pulled by their existing tug, be considered. At the time a decision is made by Life Link III, a separate agreement is to be drafted, as per City's Minimum Standards. Mr. Spratt informed the Commissioners that Life Link III is currently building a hangar in New Richmond, WI. Once that project is completed, there will be more of a focus on what kind of long-term arrangements should be made at Hutchinson. 5. Ouerational Issues Olson, Brace Fenske and Pete Dehn of the City's Public Works Department conducted annual Hangar Inspections. Copies of the fmdings were distributed to Commission members. Commissioners duected staff to send out notices to hangars where the aircraft registration and tenant name did not match, asking that the tenant clarify their situation before the next meeting, at which time the Commission would consider implementing the 90-day period described in the lease document. Olson disttibuted a Joint Planning.Board document related to installation of a 199' Tower installation at 20716 Hwy 7 W, Hutchinson. Those present at the meeting identified that the installation would be neaz the centerline of the NDB approach for Runway 15. Also, a question was raised regarding Crandall's Landing, a seaplane base on Otter, Lake. The first question was whether Crandall's Landing was still registered, and whether the tower would impede traffic there. While members recognized the low height of the tower would probably not create conditions necessary for specific FAA or Mn/DOT Aeronautics review, Olson was directed to speak to the City's consultant regazding installation of the tower in this location to determine whether this tower would be considered in impediment to air traffic. 6. Other Discussions • Old Business Mr. Dick Freeman has submitted an interest form for becoming an Airport Commissioner. Olson recommended that Commissioners contact Mayor Cook with any other names, if necessary. Skaaz reported that activities in his personal life have precluded his arranging a presentation of a print created by staff to Ken Butler's wife in honor of Ken's induction into the MN Aviation Hall of Fame. Olson reported that the City's P1anBldg/Zoning Department routinely makes developers awaze of issues related to odors, adjacent operations, and noise, including airport operations. However, there have not yet been any requirements directly written into agreement for insulating homes against noise that are located in the airport's established flight paths. Olson reported that staff intends to change, on a rotating basis, the code for the airport courtesy caz keys. First code change is scheduled for November 1. Comrttissioners, however, recommended that another type of key box be considered, so that afour-digit number containing more than one of the same digit can be used. Staff will look for that kind of key box. A discussion was held whether to lock the flight planning room. At this time, it was decided that locking the room would impede Life Link IIT personnel from accessing important weather information in a timely manner. New Business Rodeberg requested that Mn/DOT be reminded of the fact there should be aright-tum lane off of Highway 15 onto Butler Field Dr SW. • Parker requested permission to erect a carport neaz his home. Commissioners recognized his need and supported Parker in erecting a carport. At 7:10, a motion to adjoumwas made by Brill, second by McGraw. Unanimous approval. NEXT MEETING: Thursday, November 17, 2005 a cd) C r~ L.J Hutchinson City Center 111 Hassan Stree[ SE Hutchinson, MN 55350-2522 320-587.5151/Fax 320-2344240 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Public Works RE: Discussion of Potential Revisions to Hutchinson's Municipal State Aid (MSA) Street System DATE: November 2, 2005 The City of Hutchinson currently has almost a mile of Municipal State Aid Streets that it can designate within the City limits. We have been working on annexing some land adjacent to the City to allow for the designation of proposed MSA routes. This includes the annexation ofright-of--way currently owned by McLeod County along 5th Avenue SE from the City-owned (Wetherell) parcel to the TH 22 bypass in Hassan Valley Township, and the annexation of a small gap near Dale Street SW and School Road SW to allow for the designation of proposed Edmonton Avenue SW to be extended from Hwy 15 near Target to School Road. Both of these routes are included in our Comprehensive Transportation Plan, and are proposed to be "Minor Arterial Routes" that will carry significant traffic to and through the community, linking state highways and other major routes. We currently have just under lmile ofnon-designated routes and about 1.3 miles of routes that we are eventuallyproposing to remove from the MSA system. We need about 1.3 miles of designation to add these two routes. In order to proceed, the City will have to complete the required resolutions and documentation. One of these steps will require a review by Mid-Minnesota Regional Development to establish the "Functional Class" of these routes. We will discuss this in more detail at the Council Meeting. We will be asking your approval to continue with the process, including working with Mid-Minnesota Regional Development to complete their required review. cc: Gary Plotz -City Administrator • Kent Exner -City Engineer John Olson -Public Works Superintendent Julie Wischnack-Director of PlanningBuilding/Zoning Miles Seppelt - EDA Director Printed on recycled paper - Q n ~J if H R Ce~ C r 1 L_ J Hutchinson City Center 111 Aassau Strcet 3E Hutchinson, MN 55350.2522 320.557-5151/Fax 320.234-4240 5 ;4;,,r i "4~. ~+, z is TO: Mayor and City Council FROM: John P. Rodeberg, Director of Public Works RE: Consideration of Amendment to Sewer Service Charge System Consulting Agreement with Donohue DATE: November 2, 2005 Attached is an amendment to the Hutchinson Sewer Service Chazge System consulting agreement with Donohue & Associates. This additional work is required in order to address discrepancies in loadings from HTI and other industrial wastewater permit holders in the City, as well as potential modifications to current processes. During the rate analysis work, it became evident that some ofthe parameters being utilized to develop the rates were in question. HTI's current loadings had • discrepancies that needed to be addressed, and both HTI and Provesta noted that process changes at their facilities may dramatically alter their current effluent parameters. Until we can fairly accurately estimate these effluent parameters, our rate system cannot be feasibly developed. Another issue that arose is the concern that if all proposed, or potential, changes to the industrial processes aze made, the capacity of the Wastewater Treatment Facility (WWTF) to handle these volumes and loadings may be exceeded. This would prompt an expansion or remodeling of the facility in advance of when they are currently in the CIP, additional pretreatment development on their sites, or limitations to development in Hutchinson. This would also require changes to the rate schedule. We have put a hold on the work on the wastewater rates until these issues are addressed. We recommend approval of the attached agreement. cc: Gary Plotz-City Administrator Randy DeVries -Director of Water/Wastewater Miles Seppelt - EDA Director • Printed on recycled papez - ~ ~~\ n U NOV-03-2005 THU 09:36 AM DONOHUE & ASSOCIATES FAX N0, 9202080402 AMENDMENT NO. I to ENGINEERING SERVICES AGREEMENT Industrial Pretreatment Program Update (Project) Executed February 22,20U5 This Amendment is by and betwcen: City of Hutchinson (Owner) City Center 111 Hassan Stree[ SE Hutchinson.MN 55350 and Donohue & Associates, Inc. (Donohue) 3311 Weeden Creek Road Sheboygan, WI 53081 • Who agree [o amend the original Agreement, as follows: PART I - B. SCOP?r OF SERVICFS The services have been modified to include the following additional activities: 10. Wastewater Treaunent Plant (WWTP) Capacity Analysis Update: P, 02 a, Attend kickoff meeting with Hutchinson Technologies Tnc. (HTI) and Uwner. b. Review up to date flows and loadings from HTI, Provesta, 3M Company and W WTP. c. Project future flows and loadings for the industries. d. Compare future flows and loadings with curtent W WTP capacity. e. Review copper discharge information from HTL 3M Company and New Dimension Plating. f. Estimate copper levels fi'om water piping leaching. g. Establish copper variance limits for copper for HTI. h. Prepare Inter report Summarizing results of investigation. i. Present capacity analysis and copper limit to HTI and Owner. 11. WWTP Alternative Evaluation (if required by item 10.d. comparison): a. Develop wastewater treatment ahema[ives to expand BUD capacity; alternatives inay include: (I). Pretreatment by HTI and/or Provesta. (2). Flow equalization by HTl and/or Yrovesta. (3). Modifications at W WTP (assumes expansion of existing unit processes). b. Conduct a present worth analysis of alternatives. a Calculate estimated sewer service charge rates for recommended alternative. d. Prepare letter report summarizing the results of the inves[igatiwt. q ff~ NOV-03-2005 THU 09 36 RM DONOHUE & ASSOCIATES C~ J e. Present the letter report to HTI and the Owner. PART TII - A. COMPENSATION FAH N0, 9202DB0402 P, 03 Compensation for the services set forth in Item 10 in Part I will not exceed $10,400, without written approval from the Owner. Compensation for the services set forth in Item l lin Part 1 will not exceed $9,OW, without written approval from the Owner. APPROVED FOR OWNER By: Rioted Nalre: Title: • Hate: • APPROVED FOR DONOHUE By: Printed Name:.Larrv E Teunissen. P.E. _ Title: President Hate: 9 (f) ~ CITY OF HUTCHINSON MEMO Finance Department November 3, 2005 TO: MAYOR ~ CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: BUDGET WORKSHOPS It would be ask of the City Council to approve workshop date(s) to continue work on the 2006 budgets including, General Fund (if necessary), enterprise and internal service funds. A City Council workshop has been schedule for Tuesday November 22 • H:\DOC\City council memo 3.doc q ch) Re-certification as to Sufficiency of Number of Signatures to City Charter Amendment Petition I, Gary Plotz, as City Administrator for the City of Hutchinson, pursuant to Minnesota Statute §410.12, Subd. 1, have examined those certain additional petition papers submitted to me by a petition committee headed by Coleen Mix and have compared the signatures contained on said additional petition papers to list of registered voters in the City of Hutchinson provided to me by the McLeod County Auditor. Upon examination of the additional signatures and comparing those additional signatures with voter registration records, I have found that the number of signatures contained in both the original petition papers and those additional petition papers submitted to me since the October 25, 2005, City Council meeting to be sufficient to require a vote on said City Charter amendment. My examination of such signatures resulted in the following: Number of additional valid signatures required to cause an election to be required on the proposed City Charter amendment following the October 25, 2005 City Council meeting: 60 Number of additional signatures submitted to me for my examination subsequent to the October 25, 2005, City Council meeting: 114 Number of additional signatures found to be valid since the October 25, 2005, City Council meeting: 109 Number of signatures required for a vote on the proposed city charter amendment: 347 Number of valid signatures submitted prior to the October 25, 2005, City Council meeting: 287 Number of valid signatures submitted subsequent to the October 25, 2005, City Council meeting: 109 Number of valid signatures obtained: 396 Number of valid signatures obtained over the minimum necessary: 49 Submitted to the City Council this 8th day of November, 2005. Gary D. Plotz City Administrator o ~0.~