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cp03-25-2008 cAGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, MARCH 25, 2008 1, CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Rev. Randy Freund, Faith Lutheran Church 3, PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF MARCH 11, 2008 Action - Motion to approve as presented 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING COMMISSION MINUTES FROM FEBRUARY 19, 2008 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM FEBRUARY 19, 2008 3. CITY OF HUTCHINSON FINANCIAL REPORT FOR FEBRUARY 2008 4. CITY OF HUTCHINSON INVESTMENT REPORT FOR FEBRUARY 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13370 — RESOLUTION FOR PURCHASE (CRACK SEALANT AND BIODIESEL) 2. ORDINANCE NO. 08 -0497 — AN ORDINANCE TO AMEND THE HUTCHINSON CITY CODE CHAPTER 54 AMENDING LANGUAGE IN SECTION 54.2 STORMWATER MANAGEMENT PLAN APPROVAL STANDARDS (SECOND READING AND ADOPTION) 3. ORDINANCE NO. 08 -0498 — AN ORDINANCE AMENDING HUTCHINSON CITY CODE SECTION 72.06(E) PERTAINING TO TRUCK PARKING RESTRICTIONS (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF PRELIMINARY AND FINAL ONE -LOT PLAT OF PEACE LUTHERAN ADDITION, CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF THE CHURCH, AND SETBACK VARIANCE REQUESTED BY PEACE LUTHERAN CHURCH, 400 FRANKLIN STREET SW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13358) 2. CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF HUNSTAD �DDITION REQUESTED BY DAVE HUNSTAD TO COMBINE TWO LOTS LOCATED ON 13 AVENUE NW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13359) 3. CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT POLE TYPE AIRCRAFT HANGARS IN THE INDUSTRIAL /COMMERCIAL DISTRICT LOCATED AT THE HUTCHINSON CITY COUNCIL AGENDA — MARCH 25, 2008 AIRPORT REQUESTED BY CITY OF HUTCHINSON MUNICIPAL AIRPORT WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13360) 4. CONSIDERATION OF LOT SPLIT AND CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT FOR CONSTRUCTION OF TWIN HOME LOCATED AT 530/534 HILLTOP DRIVE NE SUBMITTED BY CROW RIVER HABITAT FOR HUMANITY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13361) 5. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY AUDREY HOLLATZ TO ALLOW SPECIAL EVENTS BY RESERVATION IN THE MEDIUM DENSITY RESIDENTIAL DISTRICT LOCATED AT 325 HASSAN STREET SE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13362) 6. CONSIDERATION OF STREET RIGHT OF WAY PLAT NO. 10 (ENERGY PARK DRIVE) SUBMITTED BY HUTCHINSON ECONOMIC DEVELOPMENT WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13363) (d) APPOINTMENTS/REAPPOINTMENTS TO BOARDS /COMMISSIONS - REAPPOINT BILL ARNDT TO THE JOINT PLANNING BOARD FOR 2008 - REAPPOINT FARID CURRINBHOY TO THE PLANNING COMMISSION TO MARCH 2013 - REAPPOINT JOHN AND JUNE LYMAN TO THE SENIOR ADVISORY BOARD TO JANUARY 2011 - APPOINT CARROL OLSON TO THE SENIOR ADVISORY BOARD TO JANUARY 2011 (e) NO. 07 04 (WASTEWATER R A O RDER IMPROVEMENTS) NO. 4, PROJECT (fl PHASE 1 PROJ OR APPR NO. 4 PRO ECT 2 08804) PA VEMENT MANAGEMENT PROGRAM • (g) O ILIT APPR O LT YY — DRIVE UPGRADE EXISTING BELT FI TER PRESSES P OJECT (LETTING NO. 15, PROJECT NO. 08 -18) (h) CONSIDERATION FOR APPROVAL OF PURCHASE AGREEMENT WITH STEPHEN E. LEE FOR PROPERTY ACQUISITION RELATED TO THE NORTHEAST TRUNK STORM SEWER PHASE 2 PROJECT (LETTING NO. 2, PROJECT NO. 08 -02) (i) CONSIDERATION FOR APPROVAL OF ADOPTING CITY OF HUTCHINSON 2008 FEE SCHEDULE REVISION �) IMPROVEMENT O PRO ECT (LETTING I4, PROJECT AIRPORT RUNWAY SAFETY ECT NO. 08-1 A (k) CONSIDERATION FOR APPROVAL OF LEASE AGREEMENT FOR PRIVATE COMMERCIAL HANGAR WITH AJA AVIATION, LLC (1) CONSIDERATION FOR APPROVAL OF TEMPORARY RECYCLING PERMIT FOR CAN MAN RECYCLING INC. (m)ON -SALE 3.2 MALT LIQUOR LICENSE RENEWALS • HUTCHINSON HUSKIES BASEBALL ASSOCIATION • SKY VENTURES (PIZZA HUT) (n) OFF -SALE 3.2 MALT LIQUOR LICENSE RENEWALS • • COBORN'S INC — CASHWISE ■ SPEEDWAY SUPERAMERICA • ERICKSON'S DIVERSIFIED CORPORATION (ECONO FOODS) CITY COUNCIL AGENDA — MARCH 25, 2008 • CATTOOR OIL COMPANY — SINCLAIR GAS STATION • WALMART SUPERCENTER • (o) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to approve consent agenda 7. PUBLIC HEARINGS — 6:00 P.M. 8. COMMUNICATIONS, REQUESTS AND PETITIONS (a) UPDATE ON CITY INVESTMENTS —KEN MERRILL, FINANCE DIRECTOR Action — (b) UPDATE ON BOND MARKET — STEVE APFELBACHER, EHLERS & ASSOCIATES Action - 9. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 08-0495 —AN ORDINANCE EXTENDING ON -SALE INTOXICATING LIQUOR SALES TO 2:00 A.M. (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR APRIL 8, 2008) Action — Motion to reject — Motion to approve 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF UPDATED CITY SPECIAL ASSESSMENT POLICY Action — Motion to reject — Motion to approve (b) PRESENTATION OF INFORMATION TECHNOLOGY - GIS 2007 YEAR END REPORT No action. (c) PRESENTAITON OF ECONOMIC DEVELOPMENT AUTHORITY 2007 YEAR END REPORT No action. 11. MISCELLANEOUS 12. ADJOURN E 3 MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, MARCH 11, 2008 1. CALL TO ORDER — 5:30 P.M. Mayor Cook called the meeting to order. Members present were Casey Stotts, Kay Peterson and Jim Haugen. Member absent was Bill Arndt. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2. INVOCATION — Due to the absence of Rev. Randy Freund, Faith Lutheran Church, the invocation was ispense . 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF FEBRUARY 26, 2008 Motion by Haugen, second by Stotts, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM JANUARY 28, 2008 2. PIONEERLAND LIBRARY SYSTEM MEETING MINUTES FROM JANUARY 17, 2008 3. FIRE DEPARTMENT MONTHLY REPORT FOR FEBRUARY 2008 4. PLANNING, ZONING AND BUILDING MONTHLY REPORT FOR FEBRUARY 2008 5. CITY OF HUTCHINSON FINANCIAL REPORT FOR JANUARY 2008 6. CITY OF HUTCHINSON INVESTMENT REPORT FOR JANUARY 2008 7. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR JANUARY 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13357 — RESOLUTION FOR PURCHASE (BIODIESEL) 2. ORDINANCE NO. 08 -0496 — AN ORDINACE AMENDING ZONING ORDINANCE SECTION 154.057 TO ALLOW BY RESERVATION SPECIAL EVENTS SPACE IN OWNER- OCCUPIED HOMES IN THE R -2 DISTRICT BY CONDITIONAL USE PERMIT AS REQUESTED BY AUDREY HOLLATZ WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION) 3. ORDINANCE NO. 08 -0498 — AN ORDINANCE AMENDING HUTCHINSON CITY CODE SECTION 72.06(E) PERTAINING TO TRUCK PARKING RESTRICTIONS (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR MARCH 25, 2008) (c) CONSIDERATION FOR APPROVAL OF AGRICULTURAL LEASE AGEEMENT WITH MARVIN WILLHITE • (d) REAPPOINTMENT OF JOHN PAULSEN AND JANET VACEK TO HUTCHINSON PUBLIC LIBRARY BOARD TO APRIL 2011 5 to) CITY COUNCIL MINUTES — MARCH 11, 2008 (e) CONSIDERATION FOR APPROVAL OF CITY POLICY NO. 3.33 — EMPLOYEE REVIEW OF PERSONNEL RECORD (f) CONSIDERATION FOR APPROVAL OF AGREEMENT WITH GARICK TO PURCHASE ORGANIC MATERIALS FROM CREEKSIDE COMPOST FACILITY (g) CONSIDERATION FOR APPROVAL OF LIQUOR LICENSE RENEWALS (h) CONSIDERATION FOR APPROVAL OF CHANGE IN DEPENDENT DEFINITION FOR EMPLOYER SPONSORED HEALTH AND DENTAL PLANS & CONSIDERATION OF COVERAGE COSTS (i) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(a) and 6(h) were pulled for separate discussion. Motion by Stotts, second by Peterson, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(a) had separate discussion. Mayor Steve Cook noted that the minutes from the Pioneerland Library System looked different from previously submitted and appear to be more of a summary. In addition, the minutes refer to a Resolution on LGA that he would like to know more about. He asked Gary Plotz to find out more before approving. Hutchinson Public Librarian, Mary Henke, could possibly provide more information. Motion by Peterson, second by Stotts, to table Item 6(a). Motion carried unanimously. Item 6(h) had further discussion. Mayor Cook asked of Brenda Ewing, Human Resources Director, if all employers are required to define the change in dependents. Ms. Ewing noted that her understanding was that all employers, both government and non - government, were effected by this federal law change. Motion by Haugen, second by Cook, to approve Item 6(h). Motion carried unanimously. 7. PUBLIC HEARINGS —6:00 P.M. (a) O CONSIDERATION SALLE INTOXIC ORAPPROV OR SALES TO 2: 0 A.M. (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR MARCH 25, 2008) Marc Sebora, City Attorney, noted that this item had been requested by the owners of the Lamplighter restaurant. A couple of years ago, the State of Minnesota extended liquor sales to 2:00 a.m., however the City has kept the liquor sale hours at 1:00 a.m. Police Chief Dan Hatten asked that the Council consider what the benefit is compared to the workload of the police /emergency services personnel. In 2005, the DWI arrests were 8 /1000 and in 2007 the DWI arrests were 9/1000. --- Hatten has concerns that the DWI arrests will increase if the sales are extended. Council Member Stotts noted that he was informed that the City of Litchfield has 2:00 a.m. liquor sales. Chief Hatten will research what hours other surrounding communities have for liquor sales. Motion by Peterson, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Peterson, to table this item to March 25, 2008. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF CONDITIONAL USE PERMIT TO ALLOW A MAXIMUM OF 40 CONDO UNITS IN SIX BUILDINGS WITH 4, 6, OR 8 UNITS WITH GARAGES UNDER 400 SQUARE FEET IN THE RAVENWOOD CONDO PLAT, REQUESTED BY ROGER DERRICK, COTTAGE HOMESTEADS Rebecca Bowers, Planning /Zoning/Building Director, presented before the Council. Mayor Cook noted that 2 5t0.� CITY COUNCIL MINUTES — MARCH 11, 2008 this item was tabled from the last meeting due to the plans being revised. Ms. Bowers reviewed the original application and the revised request which included the flexibility of conrct' ng six buildin st gs versus five • bmldmgs, however sustaining the maximum of 40 units. A letter wsubmitted by the Ravenwood Association noting some concerns with the development in general and nocessaril y specific to the reque being considered. Roger Derrick, developer, explained to the Council how he will be addressing the issues noted by the Ravenwood Association. Motion by Peterson, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Stotts, to approve Resolution No. 13354, allowing a maximum of 40 condo units in six buildings with 4, 6, or 8 units with garages under 400 square feet in the Ravenwood Condo Plat. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 08-0497 —AN ORDINANCE TO AMEND THE HUTCHINSON CITY CODE CHAPTER 54 AMENDING LANGUAGE IN SECTION 54.2 STORMWATER MANAGEMENT PLAN APPROVAL STANDARDS (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 08 -0497 TO MARCH 25, 2008) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the storm water management ordinance has been revised. John Paulsen, Environmental Specialist, presented before the Council. Mr. Paulsen reviewed the additional language put into the ordinance that pertain to the length and height of pond buffers and the placement of signs, routine and non- routine maintenance by landowners and the restriction of structures around the ponds. It was noted that this revised ordinance pertains to newly - constructed ponds. Motion by Haugen, second by Stotts, to close public hearing. Motion carried unanimously. Council Member Haugen asked if there are any alternatives to the 20 foot requirement, especially for smaller -sized lots. Kent Exner noted that the language in the ordinance does allow for some flexibility with the wording "average" of 20 feet or reviewed "on a case by case basis ". John Paulsen also noted that rain garden and underground systems would be options to a pond on small -size lots. Motion by Stotts, second by Peterson, to waive first reading and set second reading and adoption of Ordinance No. 08 -0497 for March 25, 2008. Motion carried unanimously. 8. COMMUNICATIONS, REQUESTS AND PETITIONS 9. UNFINISHED BUSINESS 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF SALE OF HALF OWNERSHIP OF NEW ENGINE 7 TO THE RURAL FIRE DISTRICT Council Member Casey Stotts noted that Fire Chief Emans was unavailable to be at the meeting tonight. Council Member Stotts explained that the fire department obtained a new fire truck in February. The rural fire district is extremely interested in partnering with the city in the ownership of the new truck. The proposal is to have the rural fire district pay for half of the new fire truck and have the City pay for half of the remaining cost of Engine 3 which is currently shared with the rural fire district. In the end, the City will receive $143,477.50 from the fire rural district. Mayor Cook noted that the money should go back into the excess bond fund. Motion by Peterson, second by Haugen, to approve sale of half ownership of new Engine 7 to the Rural Fire District with the proceeds going back into the excess bond fund. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF AIRPORT COMMISSION RESOLUTION • John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that the Airport Commission had three proposals for the Council to consider related to the airport's layout. These proposals 5(q)- CITY COUNCIL MINUTES — MARCH 11, 2008 include including a crosswind runway, not including a double displacement runway extension and authorizing City staff to proceed with negotiations with AJA Aviation, LLC, to construct a commercial • hangar. Motion by Stotts, second by Peterson, to approve crosswind runway in airport layout plan. Motion carried unanimously. Final zoning and construction will not be done until the project is feasible and has secured funding, zoning and approval form State and Federal aviation authorities. Motion by Stotts, second by Haugen, to not include a double displacement runway extension in the airport layout plan. Motion carried unanimously. Motion by Stotts, second by Peterson, to approve drafting a lease document with AJA Aviation for a private commercial hangar. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF SETTING CITY COUNCIL WORKSHOP FOR APRIL 8, 2008, TO REVIEW VARIOUS SPRING /SUMMER PROJECTS The projects proposed to be discussed include Hwy 7 landscaping, Ehiem Park, Girl Scout Park, Hutchinson Utilities, Firemen's Park, Pet Hospital site and Little Crow replacement. Motion by Haugen, second by Stotts, to approve City Council Workshop for April 8, 2008, at 4:00 p.m. to review various Spring /Summer projects. Motion carried unanimously. 11. MISCELLANEOUS Jim Haugen — Council Member Haugen noted that a case was recently decided in that board/commission member personal information is private. Marc Sebora, City Attorney, noted that the Deppt. of Administration has classified that information as private and should only be give out if authorized by the board member. • Gary Plotz — Mr. Plotz noted that the HUC is holding a breakfast meeting to discuss future needs of utility users. This meeting is March 18, 2008. Motion by Stotts, second by Peterson, to set March 18, 2008, at 7:00 a.m. at the HUC office as a public meeting. Motion carried unanimously. Mr. Plotz also noted that city staff and the mayor attended a telephone conference today regarding IS09000. Mr. Plotz will present the information at an upcoming Council meeting. Kent Exner — Mr. Exner noted that the Hwy 15/North High Drive roundabout is happening and bids will be received mid -late May with construction beginning mid -late June. Mr. Exner also shared some information pertaining to the Gas Tax Bill. Hutchinson will receive S 1.7 million over the next 10 years in transportation funding. Mayor Cook — Mayor Cook noted that he participated in the Citizen Police Academy and he encouraged others to apply to be part of the academy. Mayor Cook asked that Gary Plotz look into municipal bonding and see how it might affect the City 12. ADJOURN Motion by Haugen, second by Peterson, to adjourn at 6:40 p.m. Motion carried unanimously. • 0 5C�) MINUTES . HUTCHINSON PLANNING COMMISSION Tuesday, February 19, 2008 Hutchinson City Council Chambers CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Lynn Otteson at 5:30 p.m. with the following members present: Chris Kovacic, Christie Rock, John Lofdahl, Jim Haugen, Mike Flaata, Farid Currimbhoy and Chairman Otteson. Absent: None. Also present: Rebecca Bowers, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney, Bonnie Baumetz, Planning Coordinator, John Paulson, Environmental Specialist and John Olson, Public Works Manager. 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated January 15, 2008. Mr. Haugen moved to approve the consent agenda as submitted. Seconded by Mr. Flaata. The consent agenda was approved unanimously 4. PUBLIC HEARINGS a) CONDITIONAL USE PERMIT TO ALLOW FIVE 8 -UNIT BUILDINGS WITH GARAGES UNDER 400 SQ. FT. IN THE RAVENWOOD CONDO PLAT REQUESTED BY ROGER DERRICK, COTTAGE HOMESTEADS Chairman Otteson opened the hearing at 5:38 p.m. with the reading of publication #7653 as published in the Hutchinson Leader on February 7, 2008. Ms. Bowers commented on the location and explained the applicant is proposing to complete the remaining phase of the Ravenwood Condo plat. A conditional use permit was approved in 2002 to allow up to 6 -unit buildings with a maximum of 64 units. This request is to construct five 8- unit buildings, which would provide two additional units within the existing building footprints, for a total of 66 units in the same footprint as approved earlier. A conditional use permit is required for 3 to 8 unit buildings in the R -3 zoning district. The applicant is also requesting a conditional use permit to construct garages that are less than the required 400 sq. ft. She stated the applicant is proposing to market the units to seniors. This development requires a condo plat, which will be recorded after the building is completed. She reported the garages will be 240 sq. ft., the ordinance requires 400 sq. ft. garages. The proposed garages would be 12 feet wide, which is 2 feet wider than the garages constructed on the ('0(0.) Minutes Planning Commission — February 19, 2008 Page 2 existing condo units to the north. The northern garages were also allowed • by conditional use permit. The one level condo development has provided for 20 extra parking stalls. Ms. Bowers explained staff found the density increase of 2 units would be considered only a slight density increase from the previous request and within the density guidelines of the Comprehensive Plan. She commented that the present development is less units than originally proposed in the Ravenwood plat which included apartment buildings. She commented on the letters received from neighboring property owners. Ms. Bowers stated during the staff review meeting, a number of items were discussed. Because the units will be primarily senior units, staff recommends that a Knox Box should be placed on the building with a master key for emergencies. Sprinkling of the building is recommended and may be required upon building permit review. Easements for utility access between buildings was also discussed. Additional information is needed from the applicant regarding plans for utility services. Placement of the water meter in an accessible area was discussed. Regarding requirements for tree planting escrow, staff researched the subdivision agreement and subdivision regulations required at the time of platting the Ravenwood Condo development (1998) and found that no trees escrows were required at that time. She commented on the following staff recommendations: • 1. Guest parking shall be constructed as identified on the site plan before a certificate of occupancy will be allowed for the first unit. A minimum of 20 spaces is required to be constructed in the southerly phase. 2. The applicant shall construct the parking spaces that were required for the northerly units before a certificate of occupancy will be issued for the first unit. 3. No parking is allowed on the private streets. Placement of no parking signs is required. 4. A certified survey identifying existing and proposed elevations is required with the building permit application to demonstrate positive drainage for each structure. Approval of the City Engineer is required prior to building permit issuance. 5. Easements for utility access between buildings must be addressed and provided as required. 6. Fire sprinkling is encouraged and may be required upon building permit review 7. The water meters shall be placed in an accessible area. 8. Parkland fees will be $135.00 per unit and collected with the building plan fee. 9. Sewer and water access charges per unit will be collected with the building permit fee. 10. Electric Territory fees will be $800 per unit. 11. Provide a Knox Box for emergency access to units. 12. Subdivider's agreement addendum shall be executed prior to commencing construction on the additional units that specifies the c, C0. Minutes Planning Commission — February 19, 2008 Page 3 above requirements and addresses changes required due to the additional units, such as assessments. 13. The City reserves the right, as with all development, to withhold permitting, if progress is not made on the identified development issues identified above and by residents. Roger Derrick, applicant, Cottage Homesteads, reported the development is market driven. They have researched the market for seniors. This development with the smaller units will serve the senior population. He commented on the first one bedroom units in the present development. He commented on the number of seniors in McLeod County. He stated the exterior of the buildings will be identical to the present buildings. Chairman Otteson asked him to address the meeting he had with the neighbors. Mr. Derrick stated he explained the age of residents will be 80% of the units have to be 55 years or older. The remaining 20% may be 48 years. When the units resell they must be sold to 55 years or older. The new development will have a separate home owners association. He explained he can put a deed restriction of 55 years and older. Mr. Derrick explained the existing development has 2 car garages the driveways are intended for visitor parking. The new development has additional parking coming off the private streets. No parking will be allowed on the private streets. Discussion followed on the water shut off issues. Mr. Derrick stated he • understands that is a city issue. Mr. Exner stated the property owner owns the shut offs and is responsible for lowering the shut offs. Discussion followed on fire sprinkling of the buildings. Mr. Derrick stated this is a one story building with separate doors for each unit and to the garage. He reported sprinkler heads can leak and make a mess. Ms. Otteson stated the staffwere concerned with higher density and the senior population being able to exit safely. Ms. Bowers explained Fire Code will determine requirements for sprinklers. There was discussion on the distance between the buildings. Mr. Derrick stated the buildings are 20 feet apart. There was also discussion on the recommendation of a Knox Box for emergency access to each unit. Mr. Derrick will talk with the Fire Inspector regarding requirements. Tom Kennedy, 1088 Blackbird Trail, stated the water shut offs should be taken care of before anything is built. He also had issues with the lawn sprinkling locations. He stated the management company will be changing for the first phase. Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Currimbhoy the hearing closed at 6:07 p.m. Ms. Bowers commented on condition #13 which can be used to address the shut offs and the lawn sprinkling system. Mr. Flaata made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Lofdahl, the motion carried unanimously. Ms. Baumetz stated this item will be placed (0 to-) � Minutes Planning Commission — February 19, 2008 Page 4 on the City Council consent agenda at their meeting held February 26, 2008, in the Council Chambers at 5:30 p.m. b) AMENDMENT TO ZONING ORDINANCE SECTION 154.057 TO ALLOW BY RESERVATION SPECIAL EVENTS SPACE IN OWNER OCCUPIED HOMES IN THE R -2 DISTRICT BY CONDITIONAL USE PERMIT, REQUESTED BY AUDREY HOLLATZ Chairman Otteson opened the hearing at 6:13 p.m. with the reading of publication #7653 as published in the Hutchinson Leader on February 7, 2008. Ms. Bowers commented on the request to amend the ordinance. She explained the applicant is requesting an amendment to add a new conditional use to the R -2 (Medium Density Residential) to allow "by reservation special events space in owner occupied homes ". The reservations would be for special occasions such as monthly themed tea parties, historical society events, birthday parties, baby and bridal showers, family celebrations, etiquette and craft lessons, Red hat Society meetings, etc. The intended location if the ordinance is approved is at 325 Hassan Street S.E. Ms. Bowers commented on the staff recommendations for the wording as follows: • (C) Conditional uses: (11) By reservation special events space in owner occupied (a) The property must be located within 500 feet of a commercial zoning district. (b) The residential character of the structure must be preserved. (c) Food and beverages shall only be served or provided to event guests. The establishment shall comply with applicable health codes. (d) The specks of the use shall be included in the conditional use permit, including the maximum number of attendees hours of events, and parking accommodations. Ms. Bowers explained the permitted and conditionally permitted uses in the R -2 District. She stated for the proposed use, staff recommends limiting the area to within 500 feet of a commercial zoning district to take advantage of the proximity to existing businesses and public parking and to limit encroachment into residential areas with no nearby commercial areas. Limiting the area will also allow an opportunity to evaluate this new concept within limited boundaries. She stated that the Commission 0 Minutes Planning Commission — February 19, 2008 Page 5 may consider further limiting the area to specify only the C -3 (Central Commercial District), which is the downtown commercial district. Parking was discussed and would be addressed with the conditional use permit application. Discussion followed on the possibilities of the Merrill House which is not owner occupied. Ms. Bowers explained the ordinance change is broader than a tea house concept. The conditional use permit process will trigger further discussion from staff. Ms. Audrey Hollatz, applicant, commented on her request. She explained by- reservation of a group is for her to know the number of guests ahead of time. She does not intend to use any outside space. She has talked to Faith Lutheran staff regarding use of the church parking lot across the street. She anticipates from 5 to 20 cars at a maximum. Ms. Bowers stated the request tonight is to amend the ordinance. There was discussion on the use near the downtown. Mr. Currimbhoy made a motion to close the hearing. Seconded by Ms. Rock the hearing closed at 6:32 p.m. Discussion followed regarding the commercial district being appropriate for the use. Mr. Haugen made a motion to recommend approval of the request with staff recommendations and revising the wording to restrict the area to within 500 feet from C -3 district and adding the details of the proposed use. Seconded by Ms. • Rock, the motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held February 26, 2008, in the Council Chambers at 5:30 p.m. 5. NEW BUSINESS a) DISCUSSION OF AIRPORT ZONE RELATIVE TO RUNWAY EXPANSIONS AT AIRPORT (PRESENTATION BY JOHN OLSON) Mr. Olson commented on the Airport Commission request to add a 500 foot extension on each end of the airport runway. He explained the FAA will approve a double displacement because of the type of airplanes and increased use at the airport. He explained there would be a possible change in the airport zoning districts with the extension of the runway. He gave three options 1) leave the runway as is, 2) rezone properties in zone A, which would requiring the purchase of properties in the developed Ravenwood area, or 3) ask MNDot to approve the expansion with no change in the present Zone A and B. Ravenwood West homes would be affected if Zone A would be increased. He also commented on the potential for a cross wind runway for lighter air craft. This would be a 2,800 foot grass runway. It would be laid out so as not to affect present homes and land uses. 0 � ta) Minutes Planning Commission — February 19, 2008 Page 6 0 Mr. Olson commented on the significance of the project. He stated he is here to inform the commissioners of the upcoming airport layout plans. The double displacement will be a need in the next 10 - 15 years or sooner. It will affect 3 churches and 3 schools in the Zone B. Discussion followed on the length of the runway and the MNDOT and FAA interpretations. Mr. Olson stated the cross wind runway could begin plans in 2010 and take up to 3 years to complete. He stated he wants the Commissioners to recognize the challenges and be aware of the project. b) PROPOSED AMENDMENTS TO THE STORMWATER MANAGEMENT PLAN - APPROVAL STANDARDS (PRESENTATION BY JOHN PAULSON) Ms. Bowers explained the Stormwater Management Plan was adopted by the City Council in April 2007. She introduced John Paulson the City Environmental Specialist to explain the changes being requested. She stated the City Council will hold the public hearing and input from the Planning Commission is requested. I� U Mr. Paulson explained the amendments are to address buffers of the stormwater ponds in the City. The purpose is to establish buffers for natural filtration around stormwater ponds and to prohibit structures into the ponds. He commented on the changes and types of buffering and maintenance of the buffering. He stated there will be annual inspections and maintenance. The City will inspect the private ponds every 5 years. He explained the addition of language prohibiting structures. Discussion followed on why these items are prohibited. Mr. Paulson stated the City must be able to maintain and inspect the ponds without interference of structures. Funding was discussed. Discussion followed on the grass height ordinance and how the buffering grasses are taller than allowed by ordinance. Mr. Lofdahl made a motion to recommend approval of the amendment. Seconded by Mr. Haugen the motion carried unanimously. c) REQUEST BY THE MAYOF COMMITTEE - Ms. Bowers exp Planning Commissioners on a I anyone was willing to be on this Ms. Otteson agreed to be on the be an alternate. TO FORM A RIVER OVERLAY ained that the Mayor would like a few ;fiver Overlay Committee and asked if committee. Ms. Rock, Mr. Haugen and committee with Mr. Kovacic agreeing to d) ELECTION OF OFFICERS • Vice Chairman Lofdahl called for nominations for Chairman. Mr. Haugen nominated Ms. Otteson for Chairman. Nominations ceased and a unanimous motion carried for Ms. Otteson as Chairman. Chairman Otteson called for nominations for Vice Chairman. Mr. Currimbhoy (0 (P-) Minutes Planning Commission - February 19, 2008 Page 7 nominated Mr. Lofdahl for Vice Chairman. Nominations ceased and a • unanimous motion carried for Mr. Lofdahl as Vice Chairman. 6. OLD BUSINESS 7. COMMUNICATION FROM STAFF Ms. Bowers commented on the joint workshop of the City Council and Planning Commission that was held to discuss the implementation steps of the Highway 7 Corridor Study prior to the Commission meeting. She stated that after the joint meeting, the Mayor recommended that a committee meet to review the draft River Overlay District standards. Staff noted the tight timeframe to get the standards adopted before the moratorium expires, however requested Commissioner's assistance in providing feedback on the standards. The Commission recommended providing feedback by 2 or 3 Commissioners and staff to avoid a quorum. Ms. Rock and Mr. Haugen offered to participate along with any advisory panel members that are available. Mr. Kovacic said he would be an alternate if needed. Staff will provide additional information as it is developed. 8. ADJOURNMENT There being no further business the meeting adjourned at 7:14 p.m. P i • (P L 0. -)1 Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, February 19, 2008, 7:00 AM Minutes 1 01, CALL TO ORDER: Chairman Casey Stotts called the meeting to order. Members Present: Becky Felling, LaVonne Hansen and Ruth Kimball. Staff Present: Jean Ward and Judy Flemming. MINUTES OF THE HRA BOARD MEETING ON JANUARY 15, 2008 LaVonne Hansen moved to approve the Minutes as written. Ruth Kimball seconded and the motion carried unanimously. 3. FINANCIAL REPORTS Becky Felling moved to approve the Financials Reports and 2007 Year End Balances. LaVonne Hansen seconded and the motion carried unanimously. 4. PARK TOWERS 1] a. Becky Felling moved to execute the grant agreement with MHFA. LaVonne Hansen seconded and the motion carried unanimously. b. LaVonne Hansen moved to approve the retirement notice from LoAnn Hansen. Ruth Kimball seconded and the motion carried unanimously. Becky Felling moved to authorize giving notice to Lutheran Social Services that Park Towers will no longer provide staff for the Senior Dining Program. Ruth Kimball seconded and the motion carried unanimously. FRANKLIN GROVE EXPANDED REHAB PROJECT UPDATE Becky moved to approve the EFG Billiet Loan 48691 Contingent to Loan Review Committees. Ruth Kimball seconded and the motion carried unanimously. 6. SCHOOL CONSTRUCTION UPDATE The Board discussed the RFP for the 2008/2009 School Construction Program House. 7. HHPOP UPDATE LaVonne Hansen moved to approve the revised HRA Entry Cost General Criteria. Ruth Kimball seconded and the motion carried unanimously. 8. COMMUNICATIONS a. FYI: Letter from Coldwell Banker b. Jean updated the Board on the Highway 7 Corridor Study Workshop and Downtown Housing. c. FYI: City of Hutchinson National Citizen Survey Summary & Report of Normative Comparisons d. Becky Felling moved to authorize to research a summer intern for Judy's maternity leave. LaVonne Hansen seconded and the motion carried unanimously. 9. ADJOURNMENT There being no other business, Chairman Casey Stotts declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director Becky February 19, 2008 Minutes Secretary/Treasurer Page 1 of 1 co (D--) - 20081 - -_ ' C OF H R_EPO February 1 _ _ _ 20 200 _ 2 008 20081 2008 February REVENUE REPORT February February YEAR TO ADOPTED. BALANCE PERCENTAGE YTD MONTH, DATE ACTUAL BU DGET REMAIN REMAINING, USED U - , _- _ _- __ AXES - 0 - 3,993 000.00 0.00% ICENSES 32,334 00 25 415.00 41,131.00 56,300 00 15 169.00 73.06% PERMITS AN F EES - N _ - - - - - 18,57 7.34 - 6 .58 11,875.72 1 336,180 00 - - -- 324 304.28 - - 3.53% INTERGOVERNMENTAL REVENUE 5,816.87 ". 7,434.40 ', 21,294.40 2,60 -00 2,583,446.60_ _ 0.82 BARGES FOR SERVICES 177,667.54 � 1 413 50 191 514.78 1 1- 1,586 559.22 10.77% ---- [FINES & FOR 4,808 43 1 _ . 1 5 4,248.84 4 45,000 00 40,751.16 9.44% - -- - - - - - - - -- - - - (3 _ ._ 196.7963 1 -..- (2,530.13)' - 7D,000.00 ' - - -- 72,530.13 - 3.61.61 % REIMBU RSEMENTS 70,629.18 7,409.34) 61,48 341,465.00 15.26% TRANSFERS ! SURC HAR GE S 6 ,11670' _ _ 2,028.79 7,241.54 _4 1,91 1,573.00 1,904331.46 �- 0.38 %. - BLDG PE RMITS 592.88 77.83 154.68 1,000.00 845.32 15.47% -� - - FUN B A_LA_NCE _ - - - - -I- - - - - - - 1 Q000 00 -- -8 10,000.00 -- -.4 - 0.00% 282,754.87 _ 153 79� 336,415.83 - -- - 11,208,818 OOJ_ - -. 10 872,402.17 -- 3.00 °h -- - - - - - - - �HINSON - -_ -- - - -- - CITY OF UT F REPORT _ February 2007 2008 _ _N 2008 2008 _ 20081 February EXPE - G ENERAL 1 February February YEAR TO I ADOPTED BALANCEPERCENTAGE _ _ _ _ YTD MONT !bATE ACTUAL - _ BUDGET! REMAINING! USED I - - - -- - -- -- - - - � - -- - - 001 MAYOR & CITY C OUNCIL '� 12,880.64 ! 4,202.75 10,680.67 49,695.00 39,014.33 21.49% 002 CITY ADMINISTRATOR 51,548.72 28,205_.07 � 60,791.47 357,781.00 _ _ 296,989.53 16.99 %: 003 ELECTIONS 4.17 19,763,00 19,763.00 0.00% _ _'� 0 F INAN CE DEPA RTMENT _ 72,59615 1 - _ 58 98,787.21 619,645.00 520,857.79 15.94% 005 M VEHICLE 31,2 78.78 �� 17,208.53 36,1 63.97 20 -00�, 169,734.03 I 17.56 %° _ 006 ASS ESSING 54,90000 54900.601 0.00% 007 LEGAL 26,877.64 10 6 24,580.57 211,944 00 187 363.43. 11.60% 008_ PLANNING 26,025.99 1 12,592.98 25,820.55 _ 160,624.00 _ 134,803.45: 16.08% _ 009 IN FORMATION SERVICES 20063.30 41,260.451 280, 238,926.55 14.73% •110_ POLICE DEPARTMENT _ I 416,433.57 226,742.23 439,414.03 1 3,084,861 00_ - - 2,645 446.97 14.24% 115 EMERGENCY MANA GEMENT 2,015.00 6,434.86 6,967.67 19,000.00 I 12 012.33 36.76% - -_ 116 SA FETY C OMMITT EE _ _ - 4,520 _ _ 4,600.00 20,370.00 15,770.00 22.56% 120 FIRE DEPARTMENT 50,734 97 23,454.84 47 856.92 465,013 -00 417,156.08 10.29% INSPECTIONS _ 31,880.95 22,299.78 40,959.02 283,768.00 242,806.98 14.43% -- - -- - 150 ENGINEERING - -- 78,846.47 40,176.01 _ _ 83,269.93 472,046.00 388,776.07 17.64% 152 & ALLEYS 81 168,066.08 1,495,563.00 1,327,496.92 11.24% _STREE BUIL 160 CITY HALL _214,222.87 13.35% ON ADMINISTR 0 15 32 956.06 214,16200 181,205.94 (' 15.39% 2 02 R CREATIOEATI - 31,05709 _ 1652 311,86T88 190,202.12 "� 14.35% 203 SENIOR CITIZEN CENTER 13,888 10 5 595.85 12,143.06 i _222,070001 70,351.00 1 58,207.94 17.26% - 2G4 CIVIC 77 ,652 11 36 885.23 76,594.11 308,238.00 231,643.89 24.85% 205 PARK DRENA - --L _ ENT 1 105,901.17 56223.15 118,359.13 879,818.00 761,458.87 _ 13.45% 206 RECREATION BUILD & POOf 29,837 68 10 700.79 23 927.17 137,216.00 113,288.83 17.44% 207 EVEN CENTER 41,772 67 _ 21 018.35 11 44 652 243,35 198 701.41 - 18.35% 208 EVERGREEN EN_BUILDING 2,042.12 1 2 94 15,600.00 _ 12,651.06 18.90% - - _ - ., � - - - - 76 7,172.76 2,436.59 6 6,170.81 - _ 187,598 -00 - _ 7, _ 181,419.19 I _ _ 3.29% _25 _L - - - - - -. -.. - - 301 CEMETERY 15,780.1 _ - - - 7,276.03 14,988.90 ' 144,736.00 _ 129_,74 7.10 10.36 %° 31 DEBT SERVI _ _ _ - - - - - - - -- _ _ - -- - _ --- -- -- 0.0 1 -- 3 20 AIRPORT 3_ 17,44380 1 929653 1 , . - 19,495.14 99349.00 , 79,853.86 19.62% 350 UNALLOCATED GENERAL EXPE - 50,372.93 10 919.67 1 68,681.33. 734,200.00 1 _ -- 665,518.67 9.35 %° - - - - -- - -- ITOTAL --- 1,503,023 14 _ - - 754 561.69 - - - 1,562,367 _ - - 11,208,818.00 9,646,450.66 1194% • &LA-3 20081 - - --- - -- - -- -_ _ ___ - -:C jFebruary PRELIMINARY 20071, jREVENUE REPORT - GENER ACTUAL' - — -- __ -- -- -- 1 Year t o Datei AXES j - 0 00 _ NE RGO TAL REVENUE - 1 5,816.87 ICHARGES FOR SERVICES _ 177,667 54 _I FINES & FORFEITS_ _ I 4,806 43 .INTEREST` R _ _ _ 1 70,629.18 TRANSF _ _ 1 _ _ 6 'SU RCHARGES - BLDG PERMIT - _ _5 _ .86 _ FUND BALANCE � 000 !T OTAL 282,754,87 2 !February -- _ - - - - -- -- -- 20071 - 'EXPE REPORT _- GENERAL February ''SUMMA ! YTD ,General Gov t. 280,864.64 Pub S 505,584.49 - Streets & Alle 293,071.34 , Parks 8 Recr eation 355,685 94 Mis _ - 67, 81673 1 _,T - 1 503,02314 I_ • ITY_OF HUTCH FINANCIAL REPORT l _ 2008; _ _ 2008. 2008'_ _ 20081PRELIMINARY February YEAR TOE ADOPTED'1 BALANCE'pERCENTAGE _ MO NTH , DATE AC TUAL' BUDGET REMAIN _ USED 0.00 _ 0 0 0 1 - 3 _3,993 000.00 0.0 25,415.00 41 131.00 56,300 00 _ _ 15 169.00 73.06% 6 391.58 1 l 875.72 336,180 00 - 324 304.28 1 3.53% 7434.40 - 21294.40 2,604,741 00 2_,583446.60 0.82% 115 413.50 191,514.78 1 770,074 00 1,586 559.22 10.77% 4,248.84 4,248.a4 45,000 00 40 751 9.44% 196.71 (2 70,000.00 _ 72,530.13 -3.61% -7,409,341 61 485.00 402,950.00 341,465.00 15.26% 2 _ 7,241.54 ' 1,911,573 00 1,904 331.46 _ 0.38% 77.83 1__5 1 _ 1,000 00 _ 845.32_ _ _ 0.00% 0 00 0.00 r 10,000.0_0 10 000.00_ _ _0.00% __1 336_4 11,208,818.00 10,872402.17 _ 3.00% 2008 - - -- - �!------ - - - - -- � -__... _ 2008 2008 2008 February February YEAR TO _ ADOPTED BA LANCE ERCENTAGE M ONTH DATE ACTUAL BUDGET REMAINING, USED _16 0629.9 2 318,420.57 -- 1,793,084.43 -_- - - - _8% - - 2,111,505.00 �_ _ 15.0 278,9 31.71, 539,817.64 3,873,012.00 3,333,194.36 13.94% 121,359.09 251,336.01 1,967,609.00 1,716,272. 12,77 _ - - _ _ 2_,058 526.35_ 15.0 754 56169 562,367.34 11,208,81800 T 173 424 77 364,61 2,42 00 _ _ 20 216 2� _ 1 8 8,176.47 833,549 00 745 372 5_3_ 10.56 %° 9,646,450.66 1194% , 1 (0lg� • (Ao-)� CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT 19- Mar -08 February 29, 2008 • Date Date Interest Of Of Institution Description Rate Purchase Maturity Amount Smith Barney FNMA med 5.53% 9/24/2007 9/25/2014 300,000.00 step up Smith Barney FFCB C 4.75% 1/17/2008 1/22/2014 300,000.00 Smith Barney FHLB C 4.500% 4/28/2005 10/28/2008 750,000.00 Smith Barney FHLB C 4.750% 1/30/2008 1/30/2015 365,000.00 Smith Barney FHLM -C 5.000% 11/7/2007 11/21/2012 300,000.00 Smith Barney FHLM -C 5.000% 12/12/2007 12/12/2014 500,000.00 Edward Jones FHLB 5.00% 12/12/2007 12/12/2012 500,000.00 Wachovia FHLB 4.25% 3/3/2008 3/3/2015 300,000.00 Wachovia FHLB 5.00% 12/12/2007 12/12/2017 300,000.00 Wachovia FHLB 5.000% 6/26/2003 06/26/13 400,000.00 Wachovia FHLB 4.000% 7/16/2003 7116/2013 200,000.00 • Wachovia FHLB step 5.000% 11/26/2007 11/26/2014 625,000.00 step up Wachovia FHMA 5.000% 12/19/07 12/19/17 200,000.00 Wachovia FHLB = step ul 5.000% 11/29/07 11/15/17 300,000.00 Wachovia FHLB = step ul 6.000% 06/29/07 06/27/14 500,000.00 step up First Minnesota Cerhfirte of Deposd 5.180% 02/20/07 03/13/08 400,000.00 First Minnesota Certificate ofDeposd 3.650% 01/22/08 03/24/08 750,000.00 Mid Minnesota Certificate ofDepoeH 5.100% 10/26/07 11/13/08 500,000.00 First Minnesota Certificate of Deposit 4.950% 10/31/07 01/15/09 500,000.00 $7,990,000.00 • (Ao-)� RESOLUTION NO. 13370 CITY OF HUTCHINSON • RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Crack Sealant — 17,251 $29,999 Street Maintenance Street Yes Bargen Inc &e following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR 7497 gal Bio Diesel $5,898 MnDot, County & City vehicle use HATS Yes Schmehing Date Approved: li•F=1VA1Wx111E'. Resolution submitted for Council action Kenneth B. Merrill Finance Director otion Made By: cconded By: by: MEMORANDUM • • DATE: March 12, 2008 for the March 25, 2008 City Council meeting TO: Hutchinson City Council FROM: John Paulson, Environmental Specialist SUBJECT: Stormwater Management Ordinance Amendment and Summary Ordinance Background: At the March 11, 2008 City Council meeting, the Council approved Ordinance 08 -0497. The amendment is to Section 54.2 Stormwater Management Plan — Approval Standards of the Stormwater Management ordinance. The ordinance will take affect after the second reading is approved at the March 25 meeting and the ordinance is published. Due to the size and cost of publishing the full ordinance, staff has prepared a summary ordinance to be published. The proposed summary for Ordinance 08 -0497 is attached. State Statues require the City Council to approve publishing of a summary ordinance with a 4/5 majority. Approval to publish the summary ordinance can be included with the second reading of the ordinance. Requested Action: Approval of the following: Adoption of ordinance 08 -0497 amending Chapter 54 ( Stormwater Management) of the City of Hutchinson Code of Ordinances amending language in Section 54.2 Stormwater Management Plan — Approval Standards. • 2. Approval to publish the attached summary ordinance. Attachments: Ordinance 08 -0497 Summary Ordinance Summary Ordinance for the City of Hutchinson • Amending City Code Chapter 54 to Amending Language in Section 54.2 Stormwater Management Plan — Approval Standards The City of Hutchinson has adopted Ordinance 08 -0497 amending Chapter 54 of the City of Hutchinson Code of Ordinances, amending language in Section 54.2 entitled Storm Water Management Plan — Approval Standards. The following is a summary of the adopted ordinance: The purpose of the ordinance is to amend regulations for stormwater treatment pond operations and maintenance. It requires that a pond buffer extending 20 feet outward and 2 feet up from the high water level must be provided around the entire pond. The Developer must provide signs denoting pond buffer limits as deemed necessary and as approved by the City. Deviations from this standard will only be allowed with prior review and approval from the city. The ordinance addresses pond maintenance and inspection frequencies. The ordinance also provides standards to the placement of encumbrances to access or restrictions to the flow of water within drainage easements. Effective Date: This ordinance becomes effective upon its passage and publication according to law. The ordinance was adopted unanimously by the City Council on March 25, 2008. A copy of the complete ordinance is available for review at the Hutchinson City offices, • located at 1 I 1 Hassan Street S.E. If you have questions, contact John Paulson, Environmental Specialist, at (320) 234 -5682. Submitted by: Rebecca Bowers Planning Director • LN')a ORDINANCE NO. OM497 AN ORDINANCE AMENDING CHAPTER 54 (STORM WATER MANAGEMENT) OF THE CITY OF • HUTCHINSON CODE OF ORDINANCES AMENDING LANGUAGE IN SECTION 54.2 STORMWATER MANAGEMENT PLAN — APPROVAL STANDARDS THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City to amend the Storm Water Management Ordinance to amend language in Section 54.2 of the City Code as follows: STORM WATER MANAGEMENT PLAN - APPROVAL STANDARDS § 54.20 GENERAL This section describes the approval standards used to evaluate a proposed Storm Water Management Plan. The City Engineer shall not approve a Storm Water Management Plan, which fails to meet these standards. Other applicable standards, such as state and federal standards, shall also apply. If the standards of different agencies conflict, the more restrictive standards shall apply. It shall be the Applicant's responsibility to obtain any required permits from other governmental agencies having any jurisdictional authority over the work to be performed. Typically, such agencies include, but are not limited to McLeod County, the Minnesota Department of Natural Resources, the Minnesota Department of Transportation, the Minnesota Pollution Control Agency, the State Historical Preservation Office, the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, Federal Emergency Management Agency, and others. The City may choose to obtain some of the required permits. The applicant will be notified which permits are to be obtained by the City. § 54.21 MINNESOTA STORMWATER MANUAL • The Minnesota Storm Water Manual, contains the principal standards and design criteria for developing an effective and acceptable Storm Water Management Plan. The Manual contains an overview of Minnesota Storm Water Management Policy and design objectives as well as a detailed discussion of the required contents for Storm Water Management Plans submitted to the State for approval. The Manual contains detailed criteria for hydrologic evaluations, the design of storm water management system facility components, water quality protection standards, instructions for the development of an erosion and sedimentation control plan. The Manual also contains a discussion of operation and maintenance requirements, standard forms to be used, and standard construction details approved by the State. § 54.22 MODELS /METHODOLOGIES /COMPUTATIONS Other than those outlined in the Manual, any hydrologic models and /or design methodologies used to determine runoff conditions and to analyze storm water management structures and facilities, shall be approved in advance by the City Engineer. All Storm Water Management Plans, drawings, specifications, and computations for storm water management facilities submitted for review shall contain a validated seal and shall be signed by a Professional Engineer registered in the State of Minnesota. § 54.23 STORM WATER MANAGEMENT CRITERIA FOR PERMANENT FACILITIES Storm water control facilities included as part of the final design for a Permanent Development; shall be addressed in the Storm Water Management Plan and shall meet the following criteria: A. Pre Versus Post Hydrological Response of Site. An applicant shall install or construct, on or for the proposed land disturbing activity or development activity, all storm water management facilities necessary to manage runoff such that increases in flow under the design conditions will not occur that • could exceed the capacity of the Outlet, or the Storm Water Management System, into which the site discharges or that would cause the Storm Water Management System to be overloaded or accelerate channel erosion as a result of the proposed land disturbing activity or development activity. Under no circumstances shall the 2, 10, or 100 -year developed peak flow exceed the 2, 10, or 100 -year existing Page 1 ( 0 r)D - peak flow without prior written approval by the City Engineer. For Regional Detention or Storm Water Management System, the City Engineer shall recommend a proposed System Charge or Assessment to be approved by the City Council based upon an approved Watershed Master Plan and an analysis of • required drainage systems, projected costs and flood protection benefits provided to those properties directly or indirectly impacted by the Regional Detention or Storm Water Management System. B. Natural Features of the Site. The applicant shall give consideration to reducing the need for Storm Water Management System facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales and depressions as they exist before development to the degree that they can accommodate the additional water flow without compromising the integrity or quality of these natural features. C. Storm Water Management Strategies. The following Storm Water Management practices shall be investigated when developing a Storm Water Management Plan in accordance with this chapter and with chapter 53.129 of the City of Hutchinson City Code of Ordinances: 1. Natural infiltration of precipitation and runoff on -site, if suitable soil profiles can be created during site grading. The purpose of this strategy is to encourage the development of a Storm Water Management Plan that encourages natural infiltration. This includes, providing as much natural or vegetated area on the site as possible, minimizing impervious surfaces, and directing runoff to vegetated areas rather than onto adjoining streets, storm sewers and ditches, 2. Flow attenuation by use of open vegetated swales and natural depressions; 3. Storm Water Detention facilities, and 4. Storm Water Retention facilities (on a case by case basis). 5. Other facilities requested by the City Engineer. • A combination of successive practices may be used to achieve the applicable minimum control requirements specified. Justification shall be provided by the applicant for the method selected. D. Adequacy of Outlets. The adequacy of any Outlet used as a discharge point for proposed Storm Water Management System must be assessed and documented to the satisfaction of the City Engineer. To the extent practicable, hydraulic capacities of downstream natural channels, storm sewer systems, or streets shall be evaluated to determine if they have sufficient conveyance capacity to receive and accommodate post - development runoff discharges and volumes without causing increased property damages or any increase in the established base flood elevation. If a flood plain or floodway has not been established by the Federal Emergency Management Agency, the applicant shall provide a documented analysis and estimate of the base flood elevation as certified by a Professional Engineer registered in the State of Minnesota. In addition, projected velocities in downstream natural or manmade channels shall not exceed that which is reasonably anticipated to cause erosion unless protective measures acceptable to the City Engineer are approved and installed as part of the Storm Water Management Plan. The assessment of Outlet adequacy shall be included in the Storm Water Management Plan. E. Storm Water Detention /Retention Facilities. Storm Water Detention or Retention facilities proposed to be constructed in the Storm Water Management Plan shall be designed according to the most current practices as reflected in the Nationwide Urban Runoff Program study. • All Storm Water Management Systems shall be designed to minimize the need for maintenance, to provide easy vehicle (typically eight (8) feet or wider) and personnel access for maintenance purposes, and to be structurally sound. All Storm Water Management Systems shall have a plan of operation and maintenance that Page 2 ('O�C�_ § 54.24 OPERATION, MAINTENANCE AND INSPECTION assures continued effective removal of pollutants carried in Storm Water Runoff. The City Engineer may inspect all public and private Storm Water Management Systems at any time. Inspection records will be kept on file at the City Engineer's Office. It shall be the responsibility of the applicant to obtain any necessary easements or • other property interests to allow access to the Storm Water Management System for inspection and maintenance purposes. The owner must perform routine maintenance and inspections that are required annually and includes volume is sediment. The City Engineer shall retain enforcement powers for assuring adequate operation and maintenance activities through permit conditions, penalties, noncompliance orders and fees. § 54.25 EASEMENTS Easements may be required as conditions to the issuance of a Storm Water Management Plan approval. If a Storm Water Management Plan involves directing some or all of the site's runoff to a drainage easement, the applicant or his designated representative shall obtain from the property owners any necessary easements or other property interests concerning the flowing of such water. No fill structures fences walls rip -rap buildings, § 54.26 PLAN APPLICABILITY A Storm Water Management Plan approval issued under this chapter runs with the land and is a condition of plat or development approval. Any Landowner or subsequent Landowner of any parcel within the plat or development area must comply with the plan or any approval, condition, revision or modification of the Plan. The Landowner must also comply with all applicable State Subdivision Registration, Permit Transfer /Modification and Notice of Termination Permits and provide a copy of the permit applications to the City • for approval. Failure to comply with this Plan shall constitute a violation and subject the Permittee, Developer, and/or Landowner to the enforcement provisions, penalties and noncompliance fees. § 54.27 PLAN AMENDMENT Storm Water Management Plans may be amended only by a written request submitted to the City Engineer. This request shall contain the reason for the change and documentation related to any additional change in projected impacts, which may result from amendment approval. Amendment requests submitted prior to final approval of a plan application shall be considered part of the original submittal. Amendment requests filed after Plan approval shall be considered following the same procedures as if it were a new application and subject to applicable review periods. EFFECTIVE DATE OF ORDINANCE. This Ordinance shall take effect upon adoption and publication in accordance with the Hutchinson City Charter. Adopted by the City Council of the City of Hutchinson this _day of 2008. ATTEST: Plotz, City Administrator Steve Cook, Mayor First Consideration: Second Consideration: • Date of Publication: Page 3 toN)� ORDINANCE NO. 08 -0498 — AN ORDINANCE AMENDING SECTION 72.06(E) OF • THE HUTCHINSON CITY CODE PERTAINING TO TRUCK PARKING RESTRICTIONS § 72.06 TRUCK PARKING RESTRICTED. (A) It is unlawful to park a detached semi- trailer upon any street, city owned parking lot or other public property except those as are specifically designated by the Council by resolution and signposted. (B) It is unlawful to park a truck (other than a truck of 10,000 pounds gross vehicle weight or less), truck - trailer, tractor- trailer or truck - tractor within an area zoned as a residential district except for the purpose of loading or unloading the same, and then only during the time as is reasonably necessary for that activity. (C) It is unlawful to park a commercial vehicle of more than 10,000 pounds gross vehicle weight upon any street in the business district except streets as specifically designated by the Council by resolution and signposted, but parking of this type of vehicle for a period of not more than 20 minutes shall be permitted in that space for the purpose of necessary access to abutting property while actively loading or unloading when access cannot reasonably be secured from an alley or from an adjacent street where truck parking is not so restricted. (D) It is unlawful to park a truck or other vehicle using or equipped with a trailer, or • extended body or other extension or projection beyond the original length of the vehicle, or any passenger bus, diagonally along any street except for a time sufficient to load or unload, and in that case, only parallel parking shall be permitted. Provided, however, that a truck may stand backed up to the curb if the weight or bulk of the load makes parallel parking impracticable, but then only for a period of time sufficient to load or unload. (E) Parking of commercial vehicles is permitted in duly designated and signposted loading zones, and in alleys, for the purpose of loading or unloading the same and then only for a period of ap to 20 inutes time as is reasonably necessary for that activity provided that this alley parking does not prevent the flow of traffic therein, all of which shall be for the purpose of access to abutting or adjacent property while actively loading or unloading. ('89 Code, § 9.08) Penalty, see § 10.99 ADOPTED BY THE COUNCIL OF THE CITY OF HUTCHINSON THIS DAY OF 1 2008. APPROVED: By: Steven W. Cook Its: Mayor ATTEST: By: Gary D. Plotz Its: City Administrator • • MEMORANDUM DATE: March 19, 2008 for the March 25, 2008 City Council meeting TO: Hutchinson City Council FROM: Rebecca Bowers, AICP, Planning Director SUBJECT: PRELIMINARY AND FINAL ONE LOT PLAT OF PEACE LUTHERAN ADDITION, CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF THE CHURCH, AND SETBACK VARIANCE, REQUESTED BY PEACE LUTHERAN CHURCH, 400 FRANKLIN ST. S.W. Background: Peace Lutheran Church is proposing a building expansion and site improvements that requires several actions, including the following: 1. Preliminary and Final Plat 2. Conditional Use Permit to expand the church 3. Variance to allow building setback less than required 25' The plat would combine the existing lots on Block 52, South Half of Hutchinson, into one lot to • remove lot lines and allow the expansion. A conditional use permit is required to expand a church in the R -2 zoning district. The expansion has several components, including an addition for the Little Lambs Daycare, classrooms, offices, fellowship lobby, and storage areas. A variance is needed to allow a building setback of 14' 10 ", where 25' is required along the east property line. Significant renovations are also planned for the existing building. Parking improvements would be completed, including paving existing parking areas. An outdoor play area, landscaping, and stormwater improvements are also proposed. Additional information is contained in the attached Planning Commission staff report and attachments. Planning Commission Meeting: The Planning Commission held a public hearing and considered the requests attheir March 18, 2008, meeting. There were no comments from the public, other than from the applicant. The project Architects presented additional information on the church's plans and discussed the building renovation, addition, and site improvements. The church hopes to begin construction this spring. The Commission discussed construction staging, parking, and fire sprinkling. After discussing the conditions, the Commission unanimously recommended approval. Recommendation: The Planning Commission unanimously recommended approval of the preliminary plat, final plat, conditional use permit and variance with the findings and conditions in the attached • resolution. vc� RESOLUTION NO. 13358 RESOLUTION APPROVING A PRELIMINARY AND FINAL ONE LOT PLAT OF PEACE • LUTHERAN CHURCH ADDITION, CONDITIONAL USE PERMIT AND VARIANCE REQUESTED BY PEACE LUTHERAN CHURCH Whereas, Peace Lutheran Church, property owner, has requested approval of a one lot preliminary and final plat of Peace Lutheran Church Addition, conditional use permit and variance for building setback to the east property line for a building expansion on property with the following legal description: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, all in Block 52, South Half of Hutchinson, according to the recorded plat thereof. Also, all that part of the vacated ally in Block 52, south Half of Hutchinson, as vacated by the City of Hutchinson, Ordinance No. 627 adopted by the City Council on July 28, 1981 and recorded as Document No 193073 in Book 90 of Misc. on page 415 in the office of the County Recorder, McLeod County, Minnesota. Whereas, the Planning Commission held a public hearing on the request on March 18, 2008, and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the preliminary and final plat, conditional use permit and variance subject to the following findings and conditions: 1. Final plans shall be revised according to the City Engineer memo dated March 10, 2008. Final 2. • plans must be approval by the City Engineer prior to construction. Fire sprinkling of the entire building, including the existing building, is required 3. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the existing non - conforming setback as the structure was constructed prior to modern zoning standards and the limited area in which to construct the addition. The request would not alter the character of the locality as the addition would match the building line on the east. The variance is to allow a 14' 10" building setback for the east side of the building, where 25' feet is required. 4. The vacation of the alley between Prince of Peace and the new parking lot north of 4 Ave. SW will be required when title to last adjacent property is sold or granted to the church. As a condition of the vacation, an easement shall be granted to the City. 5. The new parking lot and adjacent alley north of 4 Ave. SW shall be paved by October 31, 2008, if the city continues to maintain the alley. 6. Two standard pedestrian warning signs shall be installed by the City on 4" Ave. SW in locations identified by the City for pedestrian safety. The church will be billed for the costs of the signage. 7. Construction staging plan and area shall be provided to the City. Use of the new Tarking lot north of 4 Ave. SW is discouraged due to concerns of construction traffic crossing 4 Ave. SW. 8. Exterior lighting must be shielded and shall not cause glare to adjacent properties. Adopted by the City Council this 25 day of March, 2008. ATTEST: 11 Gary D. Plotz City Administrator Steven W. Cook Mayor (C�c J 1 r V C TO: Rebecca Bowers, Director Planning/Zoning/Building FROM: Kent Exner, City Engineer RE: Peace Lutheran Church Renovation Plan Review DATE: March 10, 2007 Per my review of the Peace Lutheran Church Renovation plans dated February 20, 2008, I have the following comments and requested revisions: • Site Stormwater Runoff— Verify that parking lot and building stormwater runoff is contained and diverted to appropriate drainage facilities. Overland drainage to City street right -of -ways and adjacent • sidewalks or boulevards must be minimized. • Underground Detention Storage — Provide construction details, flow capability calculations and suggested maintenance procedures. • Street Disturbances — Minimize street disturbances for utility connections and driveway removals /installations. Provide a minimum of 72 hours notice prior to a street closure request. Provide necessary traffic control and safety measures during all work within the City right -of -way. Replace disturbed street sections with equal or better pavement section as determined by the Engineer. • Sidewalks — Replace disturbed sidewalks with a minimum of 4" of concrete over 4" of Class 5 aggregate base. • Sanitary Sewer — Install new west pipe into SANMH I within 2' of the bottom invert of the manhole. • Watermains — Install new 6" watermains with a minimum cover depth of 7.5'. • Alley Paving — Extend new paving within the alley through the northerly entrance of the apartment building. • Construction Staging — Coordinate construction to minimize impacts and safety concerns with adjacent City streets. Situate staging and stockpile areas near work activities, so City streets don't need to be crossed. Thus, avoid having a staging area north of 4 Ave SW. • SWPPP Plan — Note inlet protection on nearby /downstream catch basins. Note where rock construction entrances will be installed (limit to three site entrances/exits). Note whom the responsible maintenance/reporting party will be. If there are any questions or concerns regarding these comments and requested revisions, please let me know. Thank you. 0 cc: ('0 CC� DIRECTORS REPORT - PLANNING DEPARTMENT Toy utchl'nson Plannin Commission Z!� From Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Lee Miller, Jean Ward, Jud Flemmin John Webster, John Olson, Lenn Rutled K Dimler, Kent Exner, John Paulson, Mark Schnobrich. Marc Sebora, Gar Plotz, Ken Mem'11, Jim Po I ppjl an batten, Dick Na R.c e Bowers and Bonnie tau metz (Persons in attendance at Plarnnincy Staff Meetin in bold Dfate: March 12., 2008, for Nlarch 18, 2008 Plannin Commission Meetin 1-1"� Subject: Plrefim -ina n eio - I t-inal Plat, Conditional Use Permit, and Vahance for Peace Lutheran Church Applicant: Peace Lutheran Church Description Peace 1-wheran Church is proposin a buildin expansion and site improvements that re severa-1 actions., Includin the followin Z 9 1. Prehnimar and Final Plat 2. Conditional Use Penyiit to expand the church 3. Variance to allow buddin setback less than re The plat would combine the existin lots on Block 52, South Half of Hutchinson, into one lot to remove 101 lines and allow the expansion. A conditional use permit is re to expand a cburch in the R-.2. zonin district. The expansion has several com-poiients, includin an addition for the Little Lambs Da classroonis, offi ces, f0 lowship lobb an nce d St.OTage areas, A van'a is needed to allow a buildin setback of 14" 10". where 25' is re alon the east propert line. Si renovations are also planned for the existin buildin Parkin improvemcnts would be completed, includin pavin existin parkin ., areas. An outdOOTpla area, landscapin and sion-nwater improvements are also proposed. Additional details are included in the attached narrative from the applicant, Peace Lutheran Church Expansion Planning Commission— March 18, 2008 Page 2 • SPECIFIC INFORMATION Existing Zoning: R2 (Medium Density Residential) Lot Size: 2.13 acres (Area to be platted) Existing Land Use: Church Adjacent Land Use And Zoning: R -2 (Medium Density Residential) and R-4 (High Density Residential) Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The alley in Block 52 was vacated in 1981 for construction of an addition to the church. A conditional use permit was granted to operate a preschool on the property in 1983. Applicable Regulations: Sections 153.35 — 153.39 City Code (Preliminary Plat) Sections 153.50 — 153.51 (Final Plat) Section 154.057(C) (Conditional Use Permit) Sections 154.057 (17)(2) and 154.167 (Variance) • Analysis: Preliminary and Final Plat The plat would combine the existing lots on Block 52, South Half of Hutchinson, into one lot to remove lot lines and allow the expansion. The existing lot lines need to be removed by platting due to problems with setbacks and the Building Code. Conditional Use Permit A conditional use permit is required to expand a church in the R -2 zoning district. The addition would provide 8,746 sq. ft of additional building area, which includes an addition for Little Lambs Daycare, classrooms, offices, expanded fellowship lobby and storage areas. The expanded daycare building would provide additional space for preschool students currently using the existing classrooms. Approximately 200 students currently use the education facilities. Classrooms in the daycare addition would also be used for multipurpose educational uses and other activities. In reviewing the CUP, the Commission should consider if the proposal meets the standards for a CUP. A CUP shall be granted only if evidence is presented to establish the following: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon • adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and to (C� Peace Lutheran Church Expansion Planning Commission— March 18, 2008 Page 3 • (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Variance A variance is needed to allow a building setback of 14' 10" for the Little Lambs addition, where 25' is required along the east property line. The variance would allow the addition to match the line of the existing building to the north, which is nonconforming for setback with a 14' 10" setback to the building wall (refer to attached plans). In order to grant a variance, the request must meet the standards for granting a variance, including a finding of undue hardship. Undue hardship is a legal standard set forth in MN Statute that means that the property cannot be put to a reasonable use without the variance. This factor means the landowner would like to use the property in a particular reasonable manner but cannot do so under the rules of the ordinance. It does not mean the land cannot be put to any reasonable use whatsoever without the variance. The second undue hardship factor is the plight of the landowners is due to circumstances unique to the property not created by the landowner. The uniqueness generally applies to physical characteristics of the property and not to personal considerations of the landowner. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Thirdly, the variance, if granted, will not alter the essential character of the locality • In reviewing the request, staff finds that the request meets the standards for granting a variance, including a finding of undue hardship and uniqueness due to existing non - conforming setback as the structure was constructed prior to modern zoning standards and the limited area in which to construct the addition. Additionally, the request would not alter the character of the locality as the addition would match the building line on the east. Parking: The Zoning Ordinance bases parking requirements for churches on seating capacity in the sanctuary. No additional seating capacity is proposed, however parking is required for the additional classrooms. The ordinance requires 1.6 spaces for nursery and elementary classrooms. Based upon adding 4 classrooms, 7 parking spaces are required. Although spaces will be lost due to the expanded building area, a net gain of 30 spaces will be created from the new parking area at the NW comer 4` Ave. SW and Franklin Street SW. The existing gravel overflow parking lot adjacent to the existing parking lot would also be paved and improved as part of this project. Recommendation: Planning staff recommends approval of the requested actions subject to the following conditions: 1. Final plans shall be revised according to the City Engineer memo dated March 10, 2008. Final plans must be approval by the City Engineer prior to construction. 2. Fire sprinkling of the entire building, including the existing building, is required 3. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the existing non - conforming setback as the structure was constructed prior to modem zoning standards and the limited area in which to construct the addition. The request would not alter the character of the locality as the addition would match the building Peace Lutheran Church Expansion Planning Commission— March 18, 2008 Page 4 line on the east. The variance is to allow a 14' 10" building setback for the eastside of the building, where 25 feet is required. The vacation of the alley between Prince of Peace and the new parking lot north of 4` Ave. SW will be required when title to last adjacent property is sold or granted to the church. As a condition of the vacation, an easement shall be granted to the City. The new parking lot and adjacent alley north of 4` Ave. SW shall be paved by October 31, 2008, if the city continues to maintain the alley. Two standard pedestrian warning signs shall be installed by the City on 4` Ave. SW in locations identified by the City for pedestrian safety. The church will be billed for the costs of the signage. Construction staging plan and area shall be provided to the City. Use of the new parking lot north of 4"' Ave. SW is discouraged due to concerns of construction traffic crossing 4` Ave. SW. Exterior lighting must be shielded and shall not cause glare to adjacent properties. 4. 5. 6. 7. 8. cc: Ben Stenzel, ben. sten zel (c garch.com Peace Lutheran Church, Larry Schultz and Paul Berg, 400 Franklin St. S.W. r 1 U 0 (�C-)) V VF3 i I I LUTHERAN CHURCH ADDITION PRELIMINARY PLAT ua. aseNn slab.. onm rm wnaw� w.o� a wnrwl 1m sway emr w wm�o w I � J I I ��Wldbll. wY NiflNl •...,u ,_... rur. -io r� a. -.0 mpm m�yy�pp llEc° o • FFa PEACE LUTHERAN CHURCH ADDITION � ?Z�pR DdY of Nuici� dept i PRINCE OF � xva wrenw"n wwa +w.w,.. ere �.. w�mo.a. IV PEACE ADDITION I xr...r°•.�.r rwn """°"r•.. •r..sw..rwr <�rrr..'rrl... r....a ! n '.Y.n": r w .$�r.".•rL+"r•.w..�:.r•oenu. ..w..+ r.+. r. w.. ,. I I e 1 I BLOCK I I BLOCK 31 I .... rm L. n•.[r.r +xr+w•rm••...••w�..nw. a...•r. ••�•.• —a.i I w n FOURTH AVENUE SW n �vn1 .V•• n[nmu•Fm !- lM1Y V rCpq i u..•e•. •....vw b��r• .�.r —b•r w = M.T 0 .:..... —_._ -� � � ��' I � i to ur.. F.a�.•- .c r: tea-_ —' ®s � � I I I I I 5 jol i..r..n ..i�... ......•.. rr ". rr. ..1.w o..mr ovw rr •. "r.•...r." .........� � 3 i 5 LOT I !� 2 I u3i 9 • +""�..�` _.__ I- PLF BLOCK 52 j w mWri Y 3 I� � e o n. r. r�•.. n..r..�..........wa•rr_. wann.....a.wu..n.. i .� Svc ccr.+�+r� tea►... w....... r.... +..,.i. nio z I Cj BLOCK I I t its._..w_._.. .. i I __..___.. —__ � !I= �� \ C\ -_.__ Mn.[w YrYeM �•'e..rr•. PIMIfuYr•. LY�raer•.n•f avM nr _brl m I, ! l i 6 I i ' I li I a �.. I —'- - -� �, � _.azn�__� �_- .s>a�_�,ol ' L--- ... „. r..... .m.•. n, �... "r�.n..,..nm...rn.. ". ,•. I FIFTH AVENUE SW u.n •..ter.. r.�ur r•[•r�or•Y..lir•n4 wMMr_bM [.R o f I I BLOCK 1 56 � �Lnb..•nrewM1..r •r ...r•reor r•� n..n.,.nM [wr, W.R IV•Irvb Y. ®L.� 2bL � ' _YnOS1A /•• niY .b.IM1[n�lRmb Crs.nM�bN Peace Lutheran Church Proiect Narrative C hyoi� Z. a en The Peace Lutheran Church commissioned a master study of their campus in 2002 to define a program for future renovation and improvements. This study was a valuable resource to help the Church define itself and set the direction for future change. It stated the desire to attract new Church goers by improving the state of the education wing and providing a new "Little Lambs" children's daycare facility. The many and vaned levels of the existing interior spaces resulted in complicated accessibility issues. The various styles of the progressive additions caused the congregation to think of these additions as separate buildings. The new ESG design blends the architecture of the additions into a cohesive single image derived directly from the original 1926 Sanctuary design. This design provides accessible routes to all parts of the building. The new enlarged fellowship lobby will ease the pressures of the confined narthex while connecting all floors at the heart of the building. The project will also provide a large lower level storage area. New construction will be 8,746 s.f. and remodeled existing building area will be 17,780 s.f. The entire building will be fire sprinklered. Construction will start in the spring of 2008 and finish in the fall. • 0 �,Lc� 1 • 0 0 b 19 February 200 rZ ®�m�.�zwemon a larvam ��eaan n „_ D /) 171.1 s 0 ENUE SOUTHWEST 10617 a w z iT 5TH AVENUE SOUTHWEST PEACE LUTHERAN CHURCH IMPROVEMENTS Hutchinson, Minnesota Site ri,n 0 MEMORANDUM DATE: March 19, 2008 for the March 25, 2008 City Council meeting TO: Hutchinson City Council FROM: Rebecca Bowers, AICP, Planning Director SUBJECT: PRELIMINARY AND FINAL PLAT OF HUNSTAD ADDITION REQUESTED BY DAVE HUNSTAD TO COMBINE TWO LOTS LOCATED ON 13' AVE. N.W. Background: The property owner is requesting a one lot preliminary and final plat to combine two existing lots in order to construct a detached garage on the easterly portion of their property. The Zoning Ordinance does not allow an accessory building to be constructed on a lot without a principal building, such as a house. There are several easements on the property, including a 75 foot easement with the trail running parallel with Co. Rd.12. The applicant will construct the building in an area outside of the easements and no easement vacations are necessary. The McLeod County Hwy Engineering Dept. shared comments that there will be no access allowed • from CSAH 12 - North High Dr. NW. Additional information is contained in the attached Planning Commission staff report and attachments. Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their March 18, 2008, meeting. There was discussion regarding the ability to build a home on the vacant lot. It was determined there is not a frontage from the cul -de -sac to the vacant lot to make it accessible for a home. The applicant is proposing a detached accessory building which cannot be constructed on a lot without a principal structure. The easements will remain in place and the shed may not be located over the easement areas. After discussing the conditions, the Commission unanimously recommended approval. Recommendation: The Planning Commission unanimously recommended approval of the preliminary and final plat with the findings and conditions in the attached resolution. is vcc �)' RESOLUTION NO. 13359 RESOLUTION APPROVING A PRELIMINARY AND FINAL ONE LOT PLAT OF HUNSTAD ADDITION TO COMBINE TWO LOTS AT 1115 —13 AVE. N.W AND THE NORTHWEST CORNER OF NORTH HIGH DR. NW AND SCHOOL RD NW. REQUESTED BY DAVE HUNSTAD Whereas, Dave Hunstad, property owner, has requested approval of a one lot preliminary and final plat of Hunstad Addition to combine two lots with the following legal description: Legal Description: Lot 4, Block 1, Krsiean Acres Plat Two, according to the recorded plat thereof, also, Lot 1, Block 1, First Addition to the Meadows, according to the recorded plat thereof. Whereas, the Planning Commission held a public hearing on the request on March 18, 2008, and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the preliminary and final plat, subject to the following findings and conditions: • 1. The applicant shall record the final plat prior to issuance of any building permits for the accessory building. 2. Application and approval of a building permit is required prior to any construction of the accessory building. 3. The garage shall not exceed 1,000 sq. ft. and shall be constructed to meet the requirements for accessory buildings in the Zoning Ordinance. 4. No vehicular access is allowed across the trail or onto CSAH 12. Adopted by the City Council this 25 day of March, 2008. ATTEST: Gary D. Plotz City Administrator • Steven W. Cook Mayor (-Otc-)D- DIRECTORS REPORT PLANNINGDEPARTMENT To: Flutebinson Plannin Commission From: Brad Emans, Doll Moon, Dave Hunstad, Miles ppelt, Lee Miller, Jean Ward, Jud Flemmin John Webster, John Olson, Lenn Rutled K Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gar Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Na Rebecca Bowers and Bonnie Baumetz ( Persons in attendance at Plannin Staff Meetin in bold Date: March 6, 2008, for March 18, 2008, Plannin Commission Meetin Application: PRELIMINARY AND FINAL ONE LOT PLAT OF HUNT AD ADDITION LOCATED AT THE INTERSECTION OF NORTH NIGH DR. NW AND SCHOOL RD NW. AND 1115 —13 TH AVE. N.W Applicant: Dave Hun tad., propert owner Preliminar and Final Plat The propert owner is re a one lot preliminar and final plat to combine two existin lots in order to construct a detached g ara g e on the easterl portion of their propert ' rhe Zonin Ordinance does not allow an accessor buildin to be constructed on a lot without a pn'ncipal buildin such as a house. There are several easements on the propert includin a 75 foot easement . with tie 'I runs parallel with Co. Rd. 12. The applicant will construct the build'n in , e tral I an area utsi 'de of the easements and no easement vacations are necessar The McLeod Count o Hw En Dept. shared comments that there will be no access allowed from CSAH 12 - North Hi Dr. W. Preliminary and Final Plat Planning Commission — March 18, 2008 Hunstad Addition Page 2 GENERAL INFORMATION Existing Zoning: R -1 (Single Family Residential) Property Location: 1115 — 13' Ave. N.W. Lot Size: Approximately 1 -acre Existing Land Use: Single Family Adjacent Land Use And Zoning: R -1, developed with Single Family Residential to the west and south and Jehovah Witnesses Kingdom Hall to the east Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: 1115 -13" Ave NW is part of a 4 lot plat of Krsiean Acres Plat Two platted in 1995. The northerly parcel is part of the I" Addition to The Meadows plat submitted by McLeod County and approved in 2003. There was a 75 foot easement platted at the time to allowed for a trail along CSAH 12. The property was then deeded to the City of Hutchinson and sold to Mr. Hunstad in 2004. Applicable Regulations: Section 153.35 — 153.39 (Preliminary Plat) and 153.50 — 153.051 (Final • Plat) Transportation: 13 Ave NW Analysis and Recommendation: The preliminary and final plat is proposed in order to combine the two lots and allow construction of a detached garage on the property as an accessory building is not allowed on a lot without a principal building. The proposed plat would meet or exceed all requirements and existing easements would remain in place. The McLeod County Hwy Engineering Dept. provided comments that there will be no access allowed from CSAH 12. Staff would recommend approval of the request with the following recommendations: 1. The applicant shall record the final plat prior to issuance of any building permits for the accessory building. 2. Application and approval of a building permit is required prior to any construction of the accessory building. 3. The garage shall not exceed 1,000 sq. ft. and shall be constructed to meet the requirements for accessory buildings in the Zoning Ordinance. 4. No vehicular access is allowed across the trail or onto CSAH 12. 0 Cc: Dave Hunstad, 1115 — 13` Ave NW VC�D_ 1 I\ I i I I I I I L_ i \ \ I! J � I f FAIRWAY ESTATES \ '. SECOND ADDITION KRSIEAN • -4 ft= FF9 HUNSTAD ADDITION Cit C .� X44 9y RC +k hr \ � L .Iv FIRST 2 3 • CK , lli ° K1 x I`. \\ j lT BIaC[ I I l� _ \ / Pf. T TNO I I'' F ADDITION �\ It BLOCK I i 13'11 6r2Nllf NN �� �� - k KRSIEAN � IIL C z ..— .— _.. —.._ I a� ACRFS I - im AWIIIIE " �wi mow~ bn lOro,or ,Fr. �,rM M�Wrt.. sqw rw ]WS i N •, i l 19 j \ iS FAIRWAY ESTATES \ '. m j XXO 3 SECOND ADDITION NRSIEAN ACRES I z I a BLOCK I PLAT TWO 13TH Av "JE 'If A' X I I I I I I Y,RSIEAN o BLR N 2 I O� \ I �j n O 9 0 ii i7 , IFST 8 91C2x 1 \V� I ACRES I - I I � 12TH AVE +11¢ NN BIOCN I I HUNSTAD ADDITION PRELIMINARY PLAT ee.AVma 1vIK IISA . [01m �� [�i vTL�i EuV M YnrN HMS rl le [mi weMi v HlRlwq� M '\ [IHFMf ICIIIIO - M -1 (Opp Far11 WbM Csna�l ewu� tm ItanlerFwle rnru� ounwe sFmgae e o,. ti MEMORANDUM DATE: March 19, 2008 for the March 25, 2008 City Council meeting TO: Hutchinson City Council FROM: Rebecca Bowers, AICP, Planning Director SUBJECT: CONDITIONAL USE PERMIT TO CONSTRUCT POLE TYPE AIRCRAFT HANGARS IN THE I/C (INDUSTRIAL COMMERCIAL DISTRICT) LOCATED AT THE HUTCHINSON AIRPORT. REQUESTED BY CITY OF HUTCHINSON AIRPORT Background: The Hutchinson Airport is requesting a conditional use permit to allow construction of commercial hangars with pole type construction at the Hutchinson Airport. The Airport has designated an 80'x 750' area in which the private hangars would be constructed within the next couple of years. Designated areas would be leased to private parties for the space to construct the hangars ranging from a minimum size of 50'x 50'(2,500 sq. ft) to 80'x 80'(6,400 sq. ft.). The first structure requested to be built would be by AJA AVIATION, and would be a 66' X 72' (4,752 sq. ft.) pole type building. Refer to the attached plans for the location and additional information. Additional information is contained in the attached Planning Commission staff report and attachments. Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their March 18, 2008, meeting. John Olson, Public Works Manager, explained the area was identified years earlier by the Airport Commission for private commercial hangars in the future. By allowing different size hangars, will maximize the use of the land. Mr. Olson addressed the screening on the easterly edge of the airport. He reported he will work with the City Forester as to the types of trees and shrubs to be used. The first pole type hangar will be constructed this Spring by AJA Aviation. Mr. Olson stated the septic should be adequate for this use. After discussing the conditions, the Commission unanimously recommended approval. Recommendation: The Planning Commission unanimously recommended approval of the preliminary and final plat with the findings and conditions in the attached resolution. • (D6c-)3 RESOLUTION NO. 13360 • RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW PRIVATE COMMERCIAL HANGARS WITH POLE TYPE CONSTRUCTION IN THE LC (INDUSTRIAL COMMERCIAL DISTRICT) AT THE HUTCHINSON AIRPORT Whereas, City of Hutchinson Airport, property owner, has requested approval of a conditional use permit to allow private commercial hangars with pole type construction in the PC (Industrial/Commercial) with the following legal description: Legal Description: The SE '/, of the NE '/, of Section 13, Township 116 N, Range 30 W, except the Trunk Highway 15 road right of way and except the North 208 feet of the East 325 feet thereof. Whereas, the Planning Commission held a public hearing on the request on March 18, 2008, and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: 1. The proposal would meet the standards for granting a conditional use permit in the IIC district, subject to the stated conditions. 2. The Airport Commission has control over the appearance of hangars to be constructed and • appearance of any signage. Separate permits are required for signage through the Building Dept. 3. Construction must comply with Airport Minimum Standards. The maximum number of hangars will be determined by the size of the structures that comply with airport standards within the area identified on the site plan dated February 26, 2008. The minimum size shall be 50' x 50' (2,500 sq. ft). 4. Hangars must meet all relevant building codes. Separate building permits are required for each structure. 5. The Airport does not have access to City water at this time and will continue to use the joint septic system. 6. Verification that the septic system is in compliance must be submitted by the County Environmentalist. 7. The hangars shall not be used for the repair of planes. 8. Paving is required to the doorway from the existing paved area. 9. There must be emergency service accessibility to the hangars. 10. Staff recommends that additional screening is added to the property. The location and landscape plan shall be reviewed and approved by the City Forester. Adopted by the City Council this 25` day of March, 2008, ATTEST: Gary D. Plotz IS City Administrator Steven W. Cook Mayor 1 C(1�3 DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission • From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Lee Miller, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in hold) Date: March 4, 2008, for March 18, 2008, Planning Commission Meeting Application: CONDITIONAL USE PERMIT TO ALLOW PRIVATE COMMERCIAL. HANGARS WITH POLE TYPE CONSTRUCTION IN THE I(C (INDUSTRIAL COMMERCIAL DISTRICT) AT THE HUTCHINSON AIRPORT Applicant: Hutchinson Airport • CONDITIONAL USE PERMIT Brief Description The Hutchinson Airport is requesting a conditional use permit to allow construction of commercial hangars with pole type construction at the Hutchinson Airport. The Airport has designated an 80' x 750' area in which the private hangars would be constructed within the next couple of years. Designated areas would be leased to private parties for the space to construct the hangars ranging from a minimum size of 50' x 50' (2,500 sq. ft) to 80' x 80' (6,400 sq. ft.). The first structure requested to be built would be by AJA AVIATION, and would be a 66' X 72' (4,752 sq. ft.) pole type building. Refer to the attached plans for the location and additional information. GENERAL INFORMATION Existing Zoning: I/C (Industrial Commercial) Property Location: 1700 Butler Field Dr. SW Lot Size: 160.5 acres Existing Land Use: Airport Adjacent Land Use And Zoning: County Agricultural and C-4 (Fringe Commercial) Comprehensive Land Use Plan: Public Zoning History: The airport property was annexed to the City in 1998. Property is annexed into the City as R -1 (Single Family). The Airport was rezoned from R -1 (Single Family Residential) to PC (Industrial Commercial) in 1998. The Airport Commission was granted a conditional use permit in September, 2002, to allow a different area of the airport be made available to private parties for construction of private hangars on land leased to private parties by the City. lD `G� Planning Commission —March 18, 2008 Conditional Use Permit Hutchinson Airport —1700 Butler Field Dr SW Page 2 Another conditional use permit was granted in February, 2005, to allow for • construction of private storage hangars and to allow pole type construction of hangars. Applicable Regulations: Section 154.066, City Code (1/C district, Conditional uses), states "that buildings or land may be used for the following if granted a conditional use permit and provided further that any objectionable features normally associated these uses, such as those deemed to be hazardous, offensive or objectionable by reason of odor, dust, cinders, gas, fumes, noise, vibration, radiation, refuse matter or water carried waste, shall be ameliorated, controlled or eliminated through design, mechanical devices, screen planting and or walls or other measures as specified by the Planning Commission, and authorized that the use and its day to day activity will not be unreasonably hazardous, noxious, or offensive." Transportation: Hwy 15 South Analysis and Recommendation: Staff discussed the private commercial hangars and the Airport minimum standards. The conditional use permit is required for all uses within the PC district and also to construct a building with pole -type construction. Staff notes that proper operation of the on -site septic system must be verified. Staff recommends approval with the following conditions, many of which were also required with the previously approved CUP for the airport: • 1. The proposal would meet the standards for granting a conditional use permit in the UC district, subject to the stated conditions. 2. The Airport Commission has control over the appearance of hangars to be constructed and appearance of any signage. Separate permits are required for signage through the Building Dept. 3. Construction must comply with Airport Minimum Standards. The maximum number of hangars will be determined by the size of the structures that comply with airport standards within the area identified on the site plan dated February 26, 2008. The minimum size shall be 50' x 50' (2,500 sq. ft). 4. Hangars must meet all relevant building codes. Separate building permits are required for each structure. 5. The Airport does not have access to City water at this time and will continue to use the joint septic system. 6. Verification that the septic system is in compliance must be submitted by the County Environmentalist. 7. The hangars shall not be used for the repair of planes. 8. Paving is required to the doorway from the existing paved area. 9. There must be emergency service accessibility to the hangars. 10. Staff recommends that additional screening is added to the property. The location and landscape plan shall be reviewed and approved by the City Forester. Cc: John Olson, Public Work Manager • &3 Imo. - yT r' rt iJ• / .. _ is Non-diredonal Beacon r Papi 33 100 200 400 600 AJ Aw . I _ -# , ! Le e,ptic Stern pow fi y.... - 300' S of Prop Li n latrol rat Proposed Hangar Locations � F' A W �y ti b �r 5} FF� 2 r c�08 AV of Hutchiars,n • C City of Hutchinson Hutchinson Municipal Airport — Butler Field Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 2344219 Fax (320) 234 -6971 February 25, 2008 To: Rebecca Bowers, Planning/Zoning/Building Director From: John Olson, Public Works Manager Subject: Private Commercial Hangar Development As part of the development of the airport in the mid- 1990's, there were lots established for private commercial hangars. These hangars are intended for the operations at the airport described in the Airport's Minimum Standards. (see L Wu61ic WorksWrportUL nd ManagementlMinimum SiandardsWutchinson Airport Minimum Slandards.doc) The area developed for construction of private commercial hangars is identified as the large area on the map included in the application for this current Conditional Use Permit. In general, the lots were designed to be 80' by 80'. The Airport's Minimum Standards only • require 50' x 50' hangars. Hangars are often built in different sizes to accommodate specific aircraft and/or operations. Because of this it may be best to identify the area designated for construction. Designating an area for construction of private commercial hangars will allow the best use of airport property instead of identifying individual lots. I would expect two to three private commercial hangars being constructed within this area in the next 3 to 5 years. To construct private general aviation or private commercial hangars, builders must acquire appropriate zoning approval. In addition, the Airport Commission also reviews the project and places additional conditions on the project appropriate for specific airport needs or operations. Finally, before the building can be built, a lease document needs to be drafted between the builder and the City of Hutchinson and be approved by the City Council. I am requesting that the Conditional Use Permit extend over the entire area identified on the map included with the application. Specific to this application, AJA Aviation, LLC intends to use the northernmost space in this area. The building proposed by AJA Aviation, LLC is a 66' x 72' pole -type construction commercial hangar. • Ve)3 • MEMORANDUM DATE: March 19, 2008 for the March 25, 2008 City Council meeting TO: Hutchinson City Council FROM: Rebecca Bowers, AICP, Planning Director SUBJECT: LOT SPLIT AND CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT FOR CONSTRUCTION OF TWIN HOME LOCATED AT 530/534 HILLTOP DRIVE N.E. SUBMITTED BY CROW RIVER HABITAT FOR HUMANITY Background: Crow River Habitat for Humanity is requesting a lot split and conditional use permit to amend the PDD for 530 Hilltop Drive NE to allow construction of a twin home at that address. This is a similar request as the City approved in 2007 for 560/564 Hilltop Dr. N.E. This request is to allow a side yard setback of 7 feet, where 10 feet is required and allow a lot width to 66 feet, where 80 feet is required, for construction of twin homes on the site. As the property is zoned PDD, variations to standard requirements may be allowed with an amendment to the PDD. • Additional information is contained in the attached Planning Commission staff report and attachments. Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their March 18, 2008, meeting. Commissioner Lofdahl stepped out of Chambers due to his connection with Habitat for Humanity. An adjacent neighbor spoke regarding her concem over the 7- foot side setback due to privacy and drainage between the units. She requested that the applicant provide a privacy fence between the homes and install drain tile and landscaping block between the units. The applicant stated that they planned to grade a swale between the units to facilitate drainage as there is not much of grade difference to require drain tile. The City Engineer agreed that a swale would be adequate for drainage and stated the new home would be lower than the adjacent home. The Commission and staff discussed the issue of the fence and decided to encourage the applicant to work out an agreement on the fence and block with the neighbor, however to not require a fence. The applicant stated they would work with the neighbor to address concems, however the decision to provide a fence would require approval of their Board. The Commission discussed how smaller setbacks are increasingly common in new developments. After discussing the conditions, the Commission unanimously recommended approval ( Lofdahl abstained). Recommendation: • The Planning Commission unanimously recommended approval of the lot split and conditional use permit with the findings and conditions in the attached resolution. (- 0/'C�q RESOLUTION NO. 13361 • RESOLUTION APPROVING A LOT SPLIT AND CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT FOR CONSTRUCTION OF TWIN HOMES AT 530/534 HILLTOP DRIVE N.E. SUBMITTED BY CROW RIVER HABITAT FOR HUMANITY Whereas, Crow River Habitat for Humanity, property owner, has requested approval of a Lot Split and Conditional Use Permit to amend the Planned Development District for construction of twin homes at 530/534 Hilltop Drive N.E. with the following legal description: Legal Description: Lot 4, Block 1, Santehnan's Third Addition Whereas, the Planning Commission held a public hearing on the request on March 18, 2008, and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the Lot Split and Conditional Use Permit, subject to the following findings and conditions: 1. The proposal would meet the standards for granting a conditional use permit. • 2. Each unit must have separate water and sewer service. 3. Parkland dedication and SAC/WAC to be collected at the time of building permit. 4. Garages must be 400 square feet or larger. 5. A 6' drainage and utility easement shall be provided along the westerly lot line of the westerly parcel of Lot 4, Block 1, before issuance of any building permits. 6. Specific consideration for proper drainage between the units is essential. The property owner will be required to complete appropriate drainage for the site prior to final landscaping and sodding. Adopted by the City Council this 25 day of March, 2008. ATTEST: Gary D. Plotz City Administrator • Steven W. Cook Mayor ( q DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission • From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Lee Miller, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Batten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: March 7, 2008, for March 18, 2008, Planning Commission Meeting Application: LOT SPLIT AND CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT FOR CONSTRUCTION OF TWIN HOMES AT 530/534 HILLTOP DRIVE N.E. Applicant: CROW RIVER HABITAT FOR HUMANITY CONDITIONAL USE PERMIT AND LOT SPLIT Brief Description Crow River Habitat for Humanity is requesting a lot split and conditional use permit to amend the PDD for 530 Hilltop Drive NE to allow construction of a twin home at that address. This is a similar request as the City approved in 2007 for 560/564 Hilltop Dr. N.E. This request is to allow a side yard setback of 7 feet, where 10 feet is required and allow a lot width to 66 feet, . where 80 feet is required, for construction of twin homes on the site. As the property is zoned PDD, variations to standard requirements maybe allowed with an amendment to the PDD. GENERAL INFORMATION Existing Zoning: R3 PDD (Medium -High Density Residential - Planned Development) Property Location: 530/534 Hilltop Drive N.E. Lot Size: Existing lot size: 11,220 sq. feet, 66'X 170' Proposed lot size: Easterly: 5,610 sq. ft, 33' x l70' Westerly: 5,610 sq. ft, 33' x 170' Existing Land Use: Vacant Adjacent Land Use And Zoning: R3PD (Medium -High Density Residential — Planned Development) I -1 (Light Industrial) Comprehensive Land Use Plan: Traditional Residential Neighborhood • PDD Amendment and Lot Split Planning Commission — March 18, 2008 Crow River Habitat for Humanity — 530/534 Hilltop Dr NE Page 2 • Zoning History: Santleman's 3 Addition was approved in 1993 for a mixed residential use. The lots in the application for CUP were platted for twin -home construction. There have been several similar applications granted since 2004. Applicable Regulations: Section 154.070 (Planned Development District) and Section 154.170 (Conditional Uses) (City Code) Transportation: Hilltop Drive N.E. Analysis and Recommendation: The Planned Development District (PDD) amendment is to allow a lot width and setback variation that would not comply with standard R3 zoning requirements. As the property is zoned a PDD, variations to standard requirements may be allowed with an amendment to the PDD. The proposed lot width is 66 feet, where 80 feet is required for twin home lots. The side yard setback requirement for a twin home in the R -3 district is 10 feet the request is for a 7 foot side yard setback on both sides. A 6 foot easement will be required on the western lot line. The garages as shown on the attached survey are 408 square feet, which meet the code requirements. • 1. The proposal would meet the standards for granting a conditional use permit. 2. Each unit must have separate water and sewer service. 3. Parkland dedication is $135.00 per unit and SAC/WAC is $2,950 per unit to be collected at the time of building permit. 4. Garages must be 400 square feet or larger. 5. A 6' drainage and utility easement shall be provided along the westerly lot line of the westerly parcel of lot 4, block 1, before issuance of any building permits. 6. Specific consideration for proper drainage between the units is essential. The property owner will be required to complete appropriate drainage for the site prior to final landscaping and sodding. Cc: Crow River Habitat for Humanity, 218 Main St. S, Ste 116 LJ t9CG-y (( ,� L/ r B 1 `I zoos HILLTOP BUILDING PdrIT SURVEY FOR CROW RIVER HABITAT F *HUMANITY DRIVE LOT 4, BLOCK I, SANTELMAN'S THIRD ADDITION BM PR I INEN INJD SURVEYING 1, e0.1a \ I N MAP 33. 5.00 el ♦S I eai (�8.7) 64630.7) 6 Ia.? I' v n Garago I Z Gaage m �les w1heost comer of Lai 4, Blorn I. v e I s u I ss 'x �o sae , PROPOSED" m. 4S p �PROPOSED HOUSE as HOUSE - BQY m I al m p e6 (6T.9) eas (67.41 I 0 IS 30 60 .a sale In fear 6 1 I ' E S ¢ m � �(rraae is wan) O Denote Iron monanela found D Ir sa.� e 6 w.l � es. i' 6G00 ( > Ganotn propob.III elaaaaon FORMER R.R. R/W r ex3 ee.l r eel Z 6e.e yeen ,lica e .v.r PR I INEN INJD SURVEYING 1, e0.1a \ I N �� BENCHMMK Paint spol on lop of cab Ina Me w1heost comer of Lai 4, Blorn I. Elevatlon 1067.68 TI. 0 IS 30 60 .a sale In fear 11.5 S ¢ m � S ai O Denote Iron monanela found D O Dlnolef Iran IIIOnLTenl eel Denotes existing elewllon o ( > Ganotn propob.III elaaaaon PROPOSED TOP OF FOUNDATION • 1070.3 PROPOSED GARAGE FLOOR • 1069.0 PROPOSED BASEMENT FLOOR • 1062.6 I nvaby un11Y that ml. 6urvry, Plan or Raplrl .aa Is afar ad by ma or antler M direct supar 4ad that 1 am a duly Ilc anted Land Surve Yol under the loo 01 the Slate of MInnuata. H ax.4 Ll Data: HIRCHINSIXJ NN JOR NO aeal3 DESCRIPTION FOR EASTERLY PARCEL The East 33.00 feet of Lot 4, Block I, SANTELMAN'S THIRD ADDITION, according to the recorded plat thereof. LOT AREA • 5610 Square Feet policing Footprint boa as shown 1292 Sq Fl DrM.ey New ere elu.n - 391 51 Fl DESCRIPTION FOR WESTERLY PARCEL Lot 4, Block I, SANTELMAN'S THIRD ADDITION, according to the recorded plat thereof, except the East 33.00 feet of said Lot 4. LOT AREA • 5610 Square Feat Bundling Footprint Mao as shorn • 1292 $q Ft DrM.r, Mao ere h..n • Set So F PROPOSED EASEMENT DESCRIPTION An easement far drainage and utllltr Fu a3ae aver, under, and across a 6.00 foot wide strip of land ping Innerly of and adtolning rho west Ilne of Lot 4, Black I. SANTLEMAN'5 THIRD ADDITION, accorMa to the raoorded plat thereof. The north line of food strip of land beep IM south one of the North 10.00 feet of said Lot 4 aid IM south line of said strip of bed belno the north line of IM SouM 10.00 feet of veld Lot 4. 91f P -327 PG 41 LEFT ELEVATION RIGA4T ELEVATION U n U ST-0 K TO ue. o.... aw. �o ort...a � nce• w .r�i..^w ,o umn.c.� --------------- ------------- Y.l - 4 WK I WW • T T K TO ue. o.... aw. �o ort...a � nce• w .r�i..^w ,o umn.c.� --------------- ------------- Y.l - 4 WK I WW • co(C -�u --- a'.a• 4 ex.en ice.+ •'v: •'o' - --- 'r ._.__..__ _ __ ____.. _..____.._. i aei.ny a n K.ow w.«� �v wa. awn www 7 i n'�• r. o.n• 9 n®xm n wnao� a ecrav� v q •Gll2= i F } 4 '. yaa w owR vA /\ e'-u�• —} nom• - +-- ------ r -- --- --- -- ---- ---- - -- --- r ---- -- - --------- -- --- ------ - --------• '-------,_ _---- -----' s' o' • 4 m� ca.m s .• eu i ._ _._. ----- ..___.__.__.___._.. _._...____r _._ ..._..- _ ___ .___ -- -------- . . ._.._ qe { . • co(C -�u • • f. J MEMORANDUM DATE: March 19, 2008 for the March 25, 2008 City Council meeting TO: Hutchinson City Council FROM: Rebecca Bowers, AICP, Planning Director SUBJECT: CONDITIONAL USE PERMIT TO ALLOW SPECIAL EVENTS BY RESERVATION IN THE R -2 (MEDIUM DENSITY RESIDENTIAL) DISTRICT LOCATED AT 325 HASSAN STREET S.E., APPLICANTS: AUDREY HOLLATZ, AND CURRENT PROPERTY OWNERS, DENNIS HECKES AND VINCENT HOLMES Background: The applicant is requesting a conditional use permit to allow special events by reservation in an owner occupied home at 325 Hassan St. S.E. The request to amend the zoning ordinance was approved by the City Council on March 11"'. The applicant proposes to hold special events by reservation in the lower level of the home. This house, also known as the L.A. Ritter house, was allowed as a bed and breakfast in 1989, however the present owners used it as a residence. The applicant states the hours of operation would be compatible with a residential neighborhood. Typical events would be held on Friday and Saturday afternoons. Additional information is contained in the attached Planning Commission staff report. Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their March 18, 2008, meeting. There was no one from the public who spoke on the request, other than the applicant. The applicant presented additional information on her proposal and stated she hopes to begin operation and have an open house during Arts & Crafts Festival. The Commission discussed whether the condition that "No alcohol shall be served or provided" should be included. The Commission thought that regulations in the City Code should govern this requirement and that the option of having alcohol should be left open if permitted by City Code. Staff will confer with the City Attorney regarding removing this condition and draft the resolution for the Council meeting accordingly. The Commission asked if any concerns had been raised by the public about the proposal. Staff stated the only comments heard to date have been favorable with interest in the proposed activities. After discussing the conditions, the Commission unanimously recommended approval. Recommendation: The Planning Commission unanimously recommended approval of the conditional use permit with the findings and conditions in the attached resolution. ( tcC� RESOLUTION NO. 13362 • RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW SPECIAL EVENTS BY RESERVATION IN THE R -2 (MEDIUM DENSITY RESIDENTIAL) DISTRICT LOCATED AT 325 HASSAN STREET S.E. Whereas, Audrey Hollatz, applicant, has requested approval of a conditional use permit to allow "special events by reservation" in an owner occupied home at 325 Hassan Street S.E. in the R -2 (Medium Density Residential) district with the following legal description: Legal Description: Lot 8 and the North Half of Lot 7, Block 34, Townsite of Hutchinson, South Half. Whereas, the Planning Commission held a public hearing on the request on March 18, 2008, and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: 1. The proposed use meets the standards for granting a conditional use permit. • 2. The property shall comply with the requirements of ordinance Section 154.057, R -2, district and the specific standards in Section 154.057, subpart C.11. 3. The proposed use is for special events by reservation only in an owner occupied home. 4. The maximum number of attendees allowed is 40 persons. 5. Hours of operation for special events shall be from 7:00 a.m. to 10:00 p.m. 6. Parking accommodations would be on -site parking spaces adjacent to the garage, on street parking, and off -street parking as permitted by Faith Lutheran Church. 7. Food and beverages shall only be served or provided to event guests. The establishment shall comply with applicable health codes. Adopted by the City Council this 25 day of March, 2008 ATTEST: Gary D. Plotz Steven W. Cook City Administrator Mayor • DIRIECTORS REPORT - PLANNING DEPARTMENT Toy Hutchinson Plannin Commission From Brad Emans, Dolf Moon, Dave H-unstad, Miles Seppelt, Lee Miller. Jean Ward, Jud Flemmin John Webster, John Olson, Lcnn Rutled K Diniler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gar Plotz, Ken Mem'll, Jim Popp, Dan Hatten, Dick Na Rebecca Bowers and Bonnie Baumetz (Persons in attendance at Plannin Staff Meetin in bold) Date.- March 12, 2008, for March 18, 2008, Plannin Commission Meetin Application.- COND.ITIONAL USE PERM11T TO ALLOW SPECIAL EVENTS BY RESERVATION IN THE R-2 (MEDIUM DENS'ITY RESIDENTIAL) DISTRICT LOCATED AT 325 HASSAN STREET S.E. Applicant: AUDREY HOLLATZ AND CURRENT PROPERTY OWNERS., DENNIS HECKES AND VINCENT 1401-MES CONDITIONAL USE PERNMIT The applicants are re a conditional use it to allow spcciai events b reservation in an owner occupied home at 32.5 Hassan St. S. E. Her re to amend the zonin ordinance was approved b the Cit Council on March I I"'. The applicant proposes to hold sp-ecial events b reservation in the lower level of the homc. This house, also known as the L. A. Ritter house, was allowed as a bed and breakfast in 1989, however the present owners used it as a residence. The applicant states the hours of operation would be compatible with a residential nei TN- P ical events would be held on 6da and Saturda afternoons. Pfivate events scheduled in the evenin would conclude before 10:00 p.m. Educational events would be held weekda aftemoons or evenint!s,. concludin b 9:00 p.m. lC (C)5 Conditional use permit Planning Commission — March 18, 2008 325 Hassan St SE — Special Events Page 2 GENERAL INFORMATION • Existing Zoning: R -2 (Medium Density Residential) Property Location: 325 Hassan Street S.E. Lot Size: 99' x 132' Existing Land Use: Single family residential Adjacent Land Use And Zoning: R -2 (Medium Density Residential) Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The zoning ordinance was amended to conditionally permit a Bed and Breakfast establishment in the R -2 zoning district in 1989. A conditional use permit was approved in 1989 for a Bed and Breakfast. The house has not been used as a Bed and Breakfast since the late 1990s, although there was a second conditional use permit granted for a Bed and Breakfast in 2001. The property has since been used as a single family home. Applicable Regulations: Section 154.057(C)(11) City Code (Amended 3/11/08) Analysis and Recommendation: • Ms. Hollatz is proposing to live in the home and host special events by reservation, such as tea parties, educational events, historical society meetings, bridal and baby showers, etc. She plans to have a beginning capacity of 20 guests. Private events scheduled in the evening would conclude before 10:00 p.m. Educational events would be held weekday afternoons or evenings, concluding by 9:00 p.m. She anticipates guests will arrive in groups oft to 4 people, requiring a range of 5 to 10 cars. Maximum capacity may increase to 40 (10 to 20 cars). Parking would be on- street and off - street spaces in the back of the house. She has also worked out an arrangement with Faith Lutheran Church to use their parking lot across the street. At the planning staff meeting, staff discussed the number of guests, parking and hours of operation, and recommended approval of the request with the following conditions: 1. The proposed use meets the standards for granting a conditional use permit. 2. The property shall comply with the requirements of ordinance Section 154.057, R -2, district and standards in subpart c.11. 3. The proposed use is for special events by reservation only in an owner occupied home. 4. The maximum number of attendees allowed is 40 persons. 5. Hours of operation for special events shall be from 7:00 a.m. to 10:00 p.m. 6. Parking accommodations would be on -site parking spaces adjacent to the garage, on street parking, and off - street parking as permitted by Faith Lutheran Church. 7. Food and beverages shall only be served or provided to event guests. The establishment shall comply with applicable health codes. • 8. No alcohol shall be served or provided. Cc: Audrey Hollatz, via email. (P tc�5 0 0 • LOT 8 AND THE NORTH HALF OF LOT 7, BLOCK 34, SOUTH HALF OF HUTCHINSON 19.9 I p W uj _Y v Z a I I i I I I 132.00 16.3 I — •- �A. J O. 1 39.5 � N r� d N GARAGE 3 I I —29.8 25.7 P 12.7 xt CONCFETE lO W I , yy n A .� J. N O J p4 I 01 ,� rAvr. i5 �i I �I HOUSE N 30 I J U) _ NO -325 01 Q 3 -- 29.9 23.8 23.8 ' 7 a n AV _• __ I I ___ i „ J 3 "a > (' 20 ° Nape N 132.00 �I 0 to 20 40 — I SCALE IM FEET a derotlS Iron eonu"Ilt (Wno O denotes Iron sonweant sal Ij inch b le Inch Iron OIF o, unless othef lse ,rotedt 51 P LAty FORL. n1 SVFz-ar�T' S Nsfutl�JSON MN 55350 F$P, zoo °. � - •e _y yga. — STA�F PHM BY TERRY-DAVIS THE HISTORIC LA, RMER, HOUSE AT 325 HASSAN ST. S.E.. Il change hands next nianth and the new • owner warts to ab I to host sc heduIe :5' ia1.e ��t LIch s maII tea p arties an f iI e �� ��:� main " flo "or The. plan wi ll require HLjtch rs n -to' h r" e ' residential zorling ordinance Lim PUBLICATION NO. • ORDINANCE NO. 08 -0496 AN ORDINANCE AMENDING CHAPER 154 (ZONING) OF THE HUTCHINSON CITY CODE ADDING LANGUAGE IN SECTION 154.057 TO ALLOW BY RESERVATION SPECIAL EVENTS SPACE IN OWNER OCCUPIED HOMES IN THE R -2 DISTRICT BY CONDITIONAL USE PERMIT THE CITY COUNCII.OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Notice of public hearing was duly given and publication of said hearing was duly made to appear to the satisfaction of the City Council that it would be in the best interests of the City to amend the Zoning Ordinance to amend language in Section 154.057 of the City Code as follows: § 154.057 R -2, MEDIUM DENSITY RESIDENTIAL DISTRICT. (A) Purpose. The R -2 medium density residential district allows single - family homes and complementary uses on land parcels that are smaller than those required in the R -1 district. Two - family buildings are also allowed. (B) Permitted uses. (1) Single - family detached dwellings. All new home construction in residential districts shall have an attached or detached garage with a minimum of 400 square feet. Single - family dwellings without garages or with garages less than 400 square feet are conditionally permitted. A conditional use permit is required; (2) Two - family attached dwellings, duplexes, double bungalows. All new home construction in residential districts shall have an attached or detached garage with a minimum of 400 square feet. Single- family dwellings without garages or with garages less than 400 square feet are conditionally permitted. A conditional use permit is required; (3) Parks and playgrounds; (4) Licensed family day care as permitted by state law; and (5) State licensed residential facilities serving six or fewer persons. (C) Conditional uses. (1) All conditional uses of the R -1 district; (2) Replacement of existing nonconforming accessory buildings and driveways may be conditionally permitted, provided: (a) The applicant provides the city with a rear and side yard utility and drainage easement as required by the city; (b) The garage is 1,000 square feet or less and is not closer than three feet, zero inches from any interior property line, in which case the overhangs must be less than one foot from building exterior - There shall be no recorded easement on the property in the setback area; (c) A land survey, signed and designed by a registered land surveyor, is provided and approved representing property lines, easement locations and drainage, and a site plan with the proposed building dimensions, finished floor elevations and setbacks from property lines; (d) A waiver from utilities, telephone company and cable franchise; and (e) The applicant shall provide a six -foot easement on opposite side and rear of property prior to issuance of conditional use permit. The city, at its sole option, may waive the six-foot rear yard setback requirement. -) The fellevqfig aScS aie p eFmitted oink ov 7coc ie the — rv vr:mro c- oxa - r u s e • (3) (e) Licensed day care centers; licensed nursing homes; CC� Ordinance # Section 154.057 March 11, 2008 Page 2 (4) (b) Private clubs, lodges and fraternal organizations; • (5) (0 Public or quasi - public accredited educational institutions; (6)-O Mortuaries or funeral homes; cemeteries or memorial gardens; (7)—(0 Transportable or experimental single - family detached housing; (8)(€) Licensed boarding houses for the elderly; and (9)(g) Bed and breakfasts subject to conditions of Section 154.110 (10) (All licensed day care facilities which are not permitted principal uses under state law. (11) By reservation special events space in owner occupied homes, subject to the following requirements: (a) The property must be located within 500 feet of the C3 (central commercial) zoning district. (b) The residential character of the structure must be preserved. (c) Food and beverages shall only be served or provided to event guests. The establishment shall comply with applicable health codes. (d) The specifics of the use shall be included in the conditional use permit, including the details of the proposed use, the maximum number of attendees, hours of events, and parking accommodations. (D) Special provision district. As in R -1 district. (E) Accessory uses. All accessory uses of the R -1 district. (F) Dimensional regulations. (1) Required lot area, lot coverage and dimensions. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and publication. Adopted by the City Council this 11" day of March, 2008. • Attest: _ 4 TA Gary D. P] tz Steven W. Cook City Administrator Mayor • -2- CC� MEMORANDUM • DATE: March 19, 2008 for the March 25, 2008 City Council meeting TO: Hutchinson City Council FROM: Rebecca Bowers, AICP, Planning Director SUBJECT: PRELIMINARY AND FINAL PLAT FOR STREET RIGHT OF WAY PLAT NO. 10 (ENERGY PARK DRIVE) SUBMITTED BY THE HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY Background: This item was tabled from the January 15, 2008, Planning Commission meeting after discussion of the street name. The staff report from that meeting and plat is attached for the Commission's information. Miles Seppelt, Hutchinson EDA Director, has taken the matter back to the EDA Board for discussion and their recommendation. They discussed the street name of "Energy Park Drive" and decided to leave the name as requested. Mr. Seppelt has provided the following information as reasons to leave the name as "Energy Park Drive ". • The EDA understands the concern about streets in other communities having the same name potentially causing confusion. It was noted however by the EDA Board that a great many communities have streets with identical names. Broadway, Lake Street, First Avenue, Main Street, Maple Street etc. are all extremely common. • The proposed street meets the planning definition of a "Drive." • For marketing purposes, the EDA is attempting to establish a positive, proactive image for the new industrial park, especially since renewable energy and bio- science companies are the business demographic we are targeting. • Finally, it is fairly common that developers choose the name of their streets Additional information is contained in the attached Planning Commission staff report and attachments. Plannina Commission Meetin The Planning Commission held a public hearing and considered the request at their March 18, 2008, meeting. The Commissioners briefly discussed the request. Mr. Seppelt explained the EDA Board discussion. After discussing the conditions, the Commission unanimously recommended approval. Recommendation: The Planning Commission unanimously recommended approval of the preliminary and final plat with the findings and conditions in the attached resolution. • • RESOLUTION NO. 13363 RESOLUTION APPROVING STREET RIGHT OF WAY PLAT NO. 10 Whereas Hutchinson Economic Development, property owners, have submitted a Street Right of Way Plat No. 10 with the following legal description: Legal Description: That part of Lot 14 of the Auditor's Plat of the West One Half of Section 5, Township 116 North, Range 29 West, McLeod County, Minnesota, according to the map on file and of record in the office of the C +ounty Recorder, shown as Parcel 1 of City of Hutchinson Street Right of Way Plat No. 10, according to the recorded plat thereof. Whereas, the Planning Commission held a public hearing and considered the right of way plat request on January 15, 2008, and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the right of way plat, subject to the following findings • and conditions: 1. The platted roadway meets the subdivisions standards for new roadways in the Zoning Ordinance. 2. The Hutchinson EDA shall plat the parcel remnant east of the platted right of way with adjacent property. Adopted by the City Council this 25"' day of March, 2008. ATTEST: Gary D. Plotz City Administrator • Steven W. Cook Mayor (-O(—C-)�o MEMORANDUM • DATE: March 12, 2008 for the March 18, 2008 Planning Commission Meeting TO: Hutchinson Planning Commission FROM: Rebecca Bowers, AICP, Planning Director SUBJECT: PRELIMINARY AND FINAL PLAT FOR STREET RIGHT OF WAY PLAT NO. 10 (ENERGY PARK DRIVE) SUBMITTED BY THE HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY (TABLED FROM THE JANUARY 15, 2008 MEETING) Background: This item was tabled from the January 15, 2008, Planning Commission meeting after discussion of the street name. The staff report from that meeting and plat is attached for the Commission's information. Miles Seppelt, Hutchinson EDA Director, has taken the matter back to the EDA Board for discussion and their recommendation. They discussed the street name of "Energy Park Drive" and decided to leave the name as requested. Mr. Seppelt has provided the following is information as reasons to leave the name as "Energy Park Drive ". • The EDA understands the concern about streets in other communities having the same name potentially causing confusion. It was noted however by the EDA Board that a great many communities have streets with identical names. Broadway, Lake Street, First Avenue, Main Street, Maple Street etc. are all extremely common. The proposed street meets the planning definition of a "Drive." For marketing purposes, the EDA is attempting to establish a positive, proactive image for the new industrial park, especially since renewable energy and bio- science companies are the business demographic we are targeting. • Finally, it is fairly common that developers choose the name of their streets Requested Action: Staff recommends approval of the preliminary and final plat for the Street Right of Way Plat No. 10, with the street name as originally proposed as "Energy Park Drive ", with the conditions stated in the attached resolution. n U (D(C)( DIRECTORS REPORT- PLANNING DEP�LRTMENT To.- Hutchinson Plannin Commisdon From: 'Seppelt, Lee Miller, Jean Brad mans, Rolf Moon, Dave Hunstad, Miles I r . Ward, Jud Flemmin g -, John Webster, John Olson, Lenn Rutled K Dimler, Kent Exn , John Paulson, Mark Schnobrich, Marc Sebora, Gar Plotz, Ken Merrill, Jim Popp, Dan Hatters, Dick Na Rebecca Bowers and Bonnie Baumetz ( Persons in attendance at Plannin Staff Meetin ( in bold) Date: J an u ar 7, 2008, for Januar 15, 2008, Plannin Comm on Meetin Application.- Preliminar and Final Plat for Street Ri of Wa Plat No. 10 MR Ener.pr Park Drive Applicant: Hutchinson EDA PRELEMINARY AND FINAL PLAT FOR RIGHT OF WAY PLAT NO. 10, ENERGY PARK DRIVE The Hutcb Ins on EDA has submitted application for a preliminar and final plat for proposed street ri of wa for "Ener Park Drives"'. The proposed roadw,-,i would allow access to the 78-acre (Stn'tesk propert owned b the EDA for development of a future industn'al park. The remainin ni of wa for Ener Park Drive to the south will be platted when the industrial park is platted for future development, WOU Right of Way Plat No. 10 Energy Park Drive Page 2 The proposed right of way is 70 feet which will allow for truck traffic to the proposed industrial • development to the south. Michigan Street and 5` Avenue S.E. have 66 foot right of way widths. Staff discussed the proposed street name of Energy Park Drive. Staff concluded that the street name of "Energy Park Drive" would be acceptable as there are no other existing street names in this area that would be preferable and the proposed name is important for the future marketing of the industrial park as "Energy Park ". The street will eventually run north and south through future development of the subject property. The right of way plat would leave an unplatted remnant of property to the east of the roadway that was old railroad right of way that is currently owned by the EDA. The EDA has been working with Hutchinson Iron and Metal on an arrangement to plat the remnant with adjacent property and install additional fencing, berming, and landscaping to improve the appearance of the entrance to the future industrial park. Mile Seppelt, EDA Director, will be at the Planning Commission meeting to answer questions from the Planning Commission on the proposal. Conclusion: A draft resolution with findings of fact for approval of the preliminary and final plat for "Right of Way Plat No. 10, Energy Park Drive" is attached for the Planning Commission's review and recommendation. • Cc: Miles Seppelt, Hutchinson EDA n U �Cc)� 0 CITY OF HUTCHINSON STREET RIGHT OF WAY PLAT NO. 10 ENERGY PARK DRIVE I N 1 FAST ODDITION TO I H T...N MOV57 M DISTRICT a I o LOT d d III Jjl_ri _ .1. TG a IAM l IIOR OF .1 flAl .1 it PU0.TOR'6 PLAT OF THE IlE9T ONE Lai H _ OF 6ECTON 0. 7.1 16 N., R2 V. a .mod. ftc vVE) DEC 18 2007 coya Diatsr .aaB Y wu.•rr..w....wri. a,y��r worrrr arYU i. .r +.. µ �.w Y.Y.Yl�r rarYrlYriYwY mrl Y�rr.Ywl o.wY r�rwY +.w ++Teon �. rrl . ar.a d.ra lY�.Yrwrwrrer nw F.Y. n iw.Y t PM.00.11R , V V LOT n Ilpa M vY dlrr.� Ow I...Yrwr�r a..aww.Nwwr.wrw.a+.rrlw. rlYrr ur Nnvv .rrr.arwnw .vY r u., r rrn Ir.F wTYwYSww.w Ye4aY.w YM1r >YSY w,��..r�Y1M w�w��.wa S89 3'09 "E N89 ° 33'09 'W 1 5 '' I N89° 33 '09'W__ __— __— ___________ —____. 7 3 '0 2 F �__ z6.li MCLEOD COUNTY HIGHWAY RIGHT OF WAY PLi (VENUE SE Arty Street r ' A•2 q • f6•p0. + RK nal $ °K i mxe C.nr.rtlne of forrnk R•6q3.g> (Noun I Nuich ` n', ef -�� SI _� a � ems. 34.56 \ f V N N yr DNE HALF. w 3> Q f0 = a o. E� n OF SECTION 5, T.I 16 N., R.2 � m ri o °, m €� w i 465.75 feet La 90 0 00'00' or R.R. RiW .._ .._ ' . - . N89 0 59' 1 1 "W 150.03' ' — N89 1 I'W 350.06 IW 1/4 of .- \ L. R29 W rime of former R.R. RI S89 ° 59'1 I 'E — — 70.01 0 I LOT 37 J e` 35_ AL f dQ A OT 14 .a S A OQm 7e 9yY 9p `9i a ta✓ p pp J f '35 35 O 1 w N) U N a EZ zI = o. E� n OF SECTION 5, T.I 16 N., R.2 � m ri o °, m €� w i 465.75 feet La 90 0 00'00' or R.R. RiW .._ .._ ' . - . N89 0 59' 1 1 "W 150.03' ' — N89 1 I'W 350.06 IW 1/4 of .- \ L. R29 W rime of former R.R. RI S89 ° 59'1 I 'E — — 70.01 0 I LOT 37 J e` 0 C TO: Mayor & City Council FROM: Kent Exner, City Engineer Randy DeVries, Water/Wastewater Manager RE: Consideration of Improvement Project Change Orders DATE: March 25, 2008 As construction has proceeded on the below listed projects there have been additional work, project scope revisions, and construction staging revisions. All of these items have been identified and deemed necessary to satisfactorily complete the projects. The following Change Orders are proposed to address these items: • o Change Order No. 3 — Letting No. 4/Project No. 07 -04 — W WTF Improvements Additional work necessary to address emergency lighting, electrical revisions to recessed impeller centrifugal pump, HVAC revision credit, and chemical riser pipe protective aluminum jacketing. This Change Order results in a contract cost increase of$4,994.00. c Change Order No. 4 —Letting No. 4/Project No. 07 -04 — W WTF Improvements Additional work necessary to address MBR building roof/HVAC revisions, chemical room electrical revisions, roof drainage improvements, Building 30 electrical revisions, and MBR building platform extension. This Change Order results in a contract cost increase of $18,371.00. is We recommend that the above Change Orders be approved in the amounts listed. cc: Gary PloM City Administrator coCe) CHAN(,E ORDER NO. 3 CHANGE ORDER COMMENCEMENT OF DATE OF ISSUANCE February 27, 2008 CONTRACT TIME June 12, 2007 • OWNER City of Hutchinson CONTRACTOR John T. Jones Construction Company PROJECT Wastewater Treatment Plant Improvements CONTRACT NO. L4/P07 -04 ENGINEER Donohue and Associates, Inc. YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THE CONTRACT DOCUMENTS: DESCRIPTION: Provide grit room emergency light system to comply with Class I Division I rating, Increase starter size and wiring for Recessed Impeller Pumps. Eliminate dampers in 30- HRU -2. Provide protective jacketing for insulation on chemical riser pipe. REASON FOR CHANGE ORDER: Items are the result of City request, manufacture requirements, and electrical review. ATTACHMENTS: Summary page and cost back up material. CHANGE IN CONTRACT PRICE Original Contract Price: $ 11,100,000.00 Net increase from previous Change Orders: $ 113.860.00 Net increase of this Change Order: ' $ 4.994.00 Revised Contract Price: $ 11,218,854.00 CHANGE IN CONTRACT TIMES Original Contract Times: (days or dates) Substantial Completion: July 11, 2008 Ready for Final Payment: September 9, 2008 Net increase (decrease) from previous Change Orders: (days) Substantial Completion: 0 Days Ready for Final Payment: 0 Days Net increase (decrease) of this Change Order: (days) Substantial Completion: 0 Days Ready for Final Payment 0 Days RevisWContract Times: (days or dates) Substantial Completion: July 11, 2008 Ready for Final Payment September 9, 2008 CONTRACTOR agrees that this Change Order includes any and all costs associated with or resulting from the change ordered herein, including all impacts, delays, and accelerated costs. Other than the dollar amount and time allowance listed above, there shall be no other dollar or time compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED: By: NGINEI Date: • � 1 I V n J APPROVED: By: ure) ?' p OWNER (signature) Date: Donohue & Associates, Inc. Project No. 11207 ACCEPTED: By: 0 CTOR (signature)) Dat 3'(0' 0 c/ CHANGE ORDER NO. 3 ( (e� CHANGE ORDER NO. 4 CHANGE ORDER COMMENCEMENT OF DATE OF ISSUANCE March 3, 2008 CONTRACT TIME June 12, 2007 • OWNER City of Hutchinson, Minnesota CONTRACTOR John T. Jones Construction Company PROJECT Wastewater Treatment Plant Improvements CONTRACT NO. L4/P07 -04 ENGINEER Donohue & Associates, Inc YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THE CONTRACT DOCUMENTS: DESCRIPTION: Provide roof and HVAC revisions in the MBR building, electrical revisions in the chemical room and in the grit room, add one scupper to each of the MBR and grit room building roofs, and extend the platform alongside the aeration tank in the MBR building. REASON FOR CHANGE ORDER: The reason for each of the changes is described within the attached Summary Page for Change Order No. 4. ATTACHMENTS: Summary Page for Change Order No. 4 and accompanying cost back -up documentation. CHANGE IN CONTRACT PRICE Original Contract Price: $ 11,100 000.00 Net increase from previous Change Orders: $ 118 854.00 Net increase of this Change Order: $ 18371.00 Revised Contract Price: $ 11.237,225.00 CHANGE IN CONTRACT TIMES Original Contract Times: (days or dares) Substantial Completion: July 1 1. 2008 Ready for Final Payment: September 9, 2008 Net increase (decrease) from previous Change Orders: (days) Substantial Completion: 0 Days Ready for Final Payment: 0 Days Net increase (decrease) of this Change Order: (days) Substantial Completion: 0 Days Ready for Final Payment: 0 Days Revised Contract Times: (days or dares) Substantial Completion: July 11 2008 Ready for Final Payment: September 9, 2008 CONTRACTOR agrees that this Change Order includes any and all costs associated with or resulting from the change ordered herein, including all impacts, delays, and accelerated costs. Other than the dollar amount and time allowance listed above, there shall be no other dollar or time compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED: APPROVED: ACCEPTED: By: k7 aA l & & By. By: 1 GINEER ( nature) OWNER (signature) O CTOR (signature) Date: 3 Date: Da e C� Donohue & Associates, Inc. Project No. 11207 CHANGE ORDER NO. 4 (D (e) C TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Items for 2008 Pavement Management Program Phase 1 Project (Letting No. 4/ Project No. 08 -04) DATE: March 25, 2008 Bids will be received on Monday, March 17'", and appropriate Resolutions and Publications will be prepared in anticipation of the Assessment Hearing and Project Award at the April 22 City Council meeting. City staff has received very little feedback from property owners adjacent to the project since the Neighborhood Meeting and Public Hearing. • We recommend that the attached Resolutions and Publications be approved. cc: Gary Plotz, City Administrator Ll 6(0 RESOLUTION NO. 13364 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT • ASSESSMENT ROLL NO. SA -0085 & SA -6086 LETTING NO.41PROJECT NO. 08 -04 WHEREAS, cost has been determined for the improvement of: Lewis Ave SW (School to Lake), 3rd Ave SW (dead end to 250' East of East Pishney Ln SE), West Pishney Ln SW (Pishney alley to 3rd Ave), East Pishney Ln SW (Pishney alley to 3rd Ave), Pishney Ln SW (3rd Ave to 2nd Ave), Pishney Alley SW (Dale to dead end), Alan St SW (Roberts to School) and Circle Dr SW (Alan to dead end) by roadway rehabilitation and utility infrastructure installations by construction of lateral storm sewer and treatment improvements, drain tile installations, lateral watermain, surface reclamation, grading, aggregate base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalksttrails, landscaping, restoration and appurtenances, and the bid price for such improvement is $626,264.38 and the expenses incurred or to be incurred in the making of such improvement amount to $150,303.45 so that the total cost of the improvement will be $776,567.83. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $389,740.33 and the portion of the cost to be assessed against benefited property owners is declared to be $386,827.50. 2. Assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2009 and shall bear interest at the rate of _ percent per annum from November 1, 2008. 3. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 25th day of March 2008. Mayor • City Administrator Lo 60 RESOLUTION NO. 13365 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT • ASSESSMENT ROLL NO. 5085 LETTING NO.4IPROJECT NO. 08-04 WHEREAS, by a resolution passed by the Council on the 25th day of March 2008, the City Engineer was directed to prepare a proposed assessment of the cost of improving: Lewis Ave SW (School to Lake), 3rd Ave SW (dead end to 250' East of East Pishney Ln SE), West Pishney Ln SW (Pishney alley to 3rd Ave), East Pishney Ln SW (Pishney alley to 3rd Ave), Pishney Ln SW (3rd Ave to 2nd Ave), Pishney Alley SW (Dale to dead end), Alan St SW (Roberts to School) and Circle Dr SW (Alan to dead end) by roadway rehabilitation and utility infrastructure installations by construction of lateral storm sewer and treatment improvements, drain tile installations, lateral watermain, surface reclamation, grading, aggregate base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalks /trails, landscaping, restoration and appurtenances. WHEREAS, the City Engineer has notified the Council that such proposed assessment has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 22nd day of April 2008, in the Council Chambers at Hutchinson City Center at 6:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by November 15th, 2008. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 25th day of March 2008. Mayor 40 City Administrator (0 (-C-) 9 C TO: Mayor & City Council FROM: Kent Exner, City Engineer Randy DeVries, Water/Wastewater Manager RE: Consideration of Items Related to WWTF — Drive Upgrade for Existing Belt Filter Presses Project (Letting No. 15/Project No. 08 -1$) DATE: March 25, 2008 The necessary Wastewater Treatment Facility maintenance work to upgrade the existing belt filter press drives has been estimated to exceed $50,000 in total cost. Thus, the City must seek public bids for these improvements. This work has been identified within the 2009 Wastewater Budget. • Attached are the Resolutions and Publications needed to advertise for bids. City staff will open bids on Tuesday, April 15'". We recommend that the attached Resolutions and Publications for the above described project be approved. cc: Gary Plotz, City Administrator • RESOLUTION NO. 13366 • RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 15 PROJECT NO. 08-18 WHEREAS, the City of Hutchinson Wastewater Treatment Facility (WWTF) is proposing to make the following improvement: WWTF — Drive Upgrade for Existing Belt Filter Presses. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CRY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered. 2. Kent Exner is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 25th day of March 2008. • City Administrator 1 v� RESOLUTION NO. 13367 • RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 15 PROJECT NO. 08 -18 WHEREAS, the Director of Engineering has prepared plans and specifications for the following described improvement: WWTF - Drive Upgrade for Existing Belt Filter Presses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering shall prepare and cause to be inserted in the official newspaper, an advertisement forbids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City Administrator until 2:00 pm on Tuesday, April 15th, 2008, at which time they will be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator and /or Director of Engineering, will then be • tabulated, and will be considered by the Council at 6:00 pm on Tuesday, April 22nd, 2008 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 25th day of March 2008. Mayor: Steven W Cook City Administrator: Gary D Plotz c�L� C TO: Mayor & City Council FROM: Kent Exner, City Engineer Marc Sebora, City Attorney RE: Consideration of Purchase Agreement with Stephen E. Lee for Property Acquisition Related to the NE Trunk Storm Sewer Phase 2 Project (Letting No. 2/Project No. 08 -02) DATE: March 25, 2008 Based on the City Council's feedback at the Closed Meeting on February 26'", City staff has prepared a Purchase Agreement with a Letter of Agreement (see attached) for the proposed City acquisition of 8.17 Acres of property owned by Stephen E. Lee. This property has been identified to be needed for the construction of the NE Trunk • Storm Sewer Phase 2 project. We recommend that the Purchase Agreement with Stephen E. Lee as described above be approved. cc: Gary Plotz, City Administrator • (FLh) C • March 10, 2008 Neil J. Jensen Jensen Law Office 22 North Main St Hutchinson, MN 55350 Hutchinson City Center 111 Hagan street SE Hutchinson, MN 55350-1522 320-587 - 51518= 320- 234 -4240 RE: Letter of Agreement for City Acquisition of Stephen E. Lee Property Dear Mr. Jensen: Based on previous discussions and input from tbe City Council, the City of Hutchinson would hke to form the conditions of the City's acquisition of property (8.17 Acres) owned by Mr. Stephen E. Lee. Please consider this correspondence including the terms listed below as a "Letter of Agreement": 1. City shall compensate Donald Hokanson in the amount of $2,500 for the property owner's appraisal. 2. City shall prepare a "condemnation letter" as requested by the property owner. 3. City shall implement a deferral of utility assessments for 5 years (no accruement of interest) or until property sale. Property owner must submit appropriate ass&%Taen petitions and waivers for deferral to be considered Following the 5 -year deferral period, the property owner shall pay the utility assessments over the next 5 years with interest accruing (original bond rate plus 1 9 /6). S 4. City shall administer the placement of suitable grading material (approximately 33,000 CY per Otto Associates analysis) on the future development site. 5. City shall be responsible for 50% of the cost of the nort h /south sanitary sewer main installation within the Maple Street nghtof- -way. 6. City shall compensate Mr. Stephen E. Lee for the 8.17 -acre proposed a in the amount of $100,000. 7. City shall compensate Mr. Stephen E. Lee for future lost agricultural rent in the amount of $2,500. 8. City shall mitigate for approximately 0.17 Acres of wetland disturbance that will occur on the future development area (within southwest comer) at the north end of the westerly wetland being disturbed by the City's pond construction activities. 9. City is shall provide "development planting" efforts that include property boundary surveys by Pellinen Land Surveying, preliminary development plans by Otto Associates, soil borings by Braun Intertec, and a certified wetland delineation by WRM Services as available, upon the property owner's request. The attached Purchase Agreement references this "Letter of Agreement" and the above terms. Also, the total monetary compensation will be in the amount of $102,500 as stated in the Purchase Agreement. Please review this correspondence and attachments. If they satisfactorily reflect previous discussions, the Purchase Agreement should be signed and resumed. I hope to have the Purchase Agreement considered by the City Council at their March 25" meeting. Thus, if anything is unacceptable or return of the signed document isn't possible, please let me know prior to Thursday, March 20 • If you have any questions or concerns, please contact me at kexner o.ci.hutchinsonrrn.us or 320583.5663. Primed on myded paper - �) Sincerely, Kent Exner, P.E. City Engineer cc: Stephen E. Lee —201 Washington St, 11' Floor, Phoenix, AZ 850042385 Gary Plotz — City Administrator Marc Sebora — City Attorney , G: T IPROVQ AEXrPROlECIS�- Po8II7- NETnmk Savor Sewer Phase TCWcVO d.\ktl, -Leektl .f2giaem•.riO310D&dm `I • • 11:H7:1►Y�I[� 1 :y7 /:[.�7:[t77��1TU1:I�►� Parties. This Purchase Agreement is entered into by and between the City of Hutchinson, a Minnesota municipal corporation, hereinafter referred to as "Buyer ", and Stephen E. Lee, a single individual, hereinafter referred to as "Seller ". Offer /Acceptance Buyer offers to purchase and Seller agrees to sell real property in the City of Hutchinson, McLeod County, Minnesota, as indicated by the legal description described hereto: See attached "Exhibit A" Price and Terms. The total purchase price for the property included in this sale is one hundred two thousand five hundred dollars and no /cents ($102,500.00) which Buyer shall pay as follows: Earnest money of one thousand dollars and no /cents ($1,000.00) paid by cash payable to Seller, to be deposited and held by Seller pending closing, receipt of which is hereby acknowledged and one hundred one thousand five hundred dollars ($101,500.00) due on, the date of closing. Deed /Marketable Title. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed conveying marketable title of record, subject to building and zoning laws, ordinances, state and federal regulations, exceptions to title which constitute encumbrances, restrictions or easements of record. Real Estate Taxes and Special Assessments. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis on the actual date of closin unless otherwise provided in this Purchase Agreement. If tax statements for such taxes are not available on the Date of Closing, the amount to be rorated shall be 40% of the prior year's taxes, and such estimated proration shall be O ike one [ /ADJUSTED UPON RECEIPT OF E ACTUAL TAX STATEMENTS FOR SUCH YEAR (in which case the party entitled to a credit as a result of the adjustment shall receive the amount of such credit from the other party within 30 days of issuance of the tax statements). Seller represents the taxes due and payable in the year(s) will be NON-] _ - homestead classification, unless Buyer changes the tax classification one r taxes payable in the year following closing by taking possession of the property as Buyer's homestead and filing a new homestead declaration within the time required by law. If the taxes due and payable in the year of closing are PART or NON - homestead classification, Seller shall pay to Buyer at closing $ -0- , in addition to Seller's prorated share of the taxes. Ifthe taxes due and payable in the year following closing are PART or NON - homestead classification and the closing takes place after the date by which Buyer must take possession of the property as Buyer's homestead to file for homestead tax status for taxes due and payable in such year, Seller shall pay to Buyer at closing $ -0- as Seller's share of such taxes. BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. BUYER SHALL ASSUME all other special assessments levied as of the date of this Purchase Agreement. BUYER SHALL ASSUME special assessments pending as of the date of this Purchase Agreement for improvements that have been ordered by the City Councilor other governmental assessing authorities. As of the date of this Purchase Agreement, Seller represents that Seller has not received a Notice of Hearing of a new public improvement project from any governmental assessing authority, the costs of which project may be assessed against the property. If a special assessment becomes pending after the date of this Purchase Agreement and before the Date of Closing, Buyer may, at Buyer's option: A. Assume payment of the pending special assessment without adjustment to the purchase price of the property; or, B. Require Seller to pay the pending special assessment (or escrow for payment of same as provided above) and Buyer shall pay a commensurate increase in the purchase price of the property, which increase it 11 be the same as the estimated amount of the assessment; or, (,ch) C. Declare this Purchase Agreement null and void by notice to Seller, and earnest money shall be refunded to Buyer. 41 amages to Real Property_ If the real property is substantially damaged prior to closing, this Purchase Agreement shall terminate and the earnest money shall be refunded to Buyer. If the real property is damaged materially but less than substantially prior to closing, Buyer may rescind this Purchase Agreement by notice to Seller within twenty -one (21) days after Seller notifies Buyer of such damage, during which 21 -day period Buyer may inspect the real property, and in the event of such recission, the earnest money shall be refunded to Buyer. Seller's Boundary Line, Access, Restrictions and Lien Warrants. Seller warrants that buildings on adjoining real property, if any, are entirely outside of the boundary lines of the property. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the property. These warranties shall survive the delivery of the Deed or Contract for Deed. Condition of Property. A. Buyer shall remove all buildings and debris and Seller shall remove all personal property not included in this sale from the property before possession date. Seller has not received any notice from any governmental authority as to the existence of any Dutch elm disease, oak wilt, or other disease of any trees on the property. B. Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the property by any person in violation of any law, nor of any underground storage tanks having been located on the property at any time. However, Buyer is encouraged to have the property inspected to determine the presence of hazardous substances. C. Seller has made Buyer aware of wetlands, flood plain and shoreland on or affecting the property. D. Seller's warranties and representations shall survive the delivery of the Deed provided that any notice of a * feet or claim of breach of warranty must be in writing. Any such notice with respect to matters referred to A, above must be given by Buyer to Seller within one year of the Date of Closing or be deemed waived. E. Buyer shall have the right, and is encouraged, to have inspections of the property conducted prior to closingg. Unless required by local ordinance or lending regulations, Seller does not plan to have the property inspected. Other than the representations made in this paragraph, and any contingencies, the property is being sold "AS IS" with no express or implied representations or warranties by Seller as to physical conditions or fitness for any particular purpose. F. For Seller's representations regarding the presence and location of utilities, if any, see below. Disclosure of Notices. Seller has not received any notice from any governmental authority as to violation of any law, ordinance or regulation. If the property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. Seller has not received any notice from any governmental authority conceming any eminent domain, condemnation, special taxing district, or rezoning proceedings. Access Prior to Closing. By this Purchase Agreement, Buyer does not acquire any right of possession of the property nor does Buyer acquire any right of entry, license, or easement. Seller will consent to a case -by -case right of entry for Buyer and /or Buyer's agents, surveyors, engineers, and site evaluators for testing, measuring, and evaluating purposes provided that the following conditions are met: A There shall be no crop or tree damage. B.There shall be no excavating or earth- moving and no tree removal. C. Buyer's independent contractors (surveyors, engineers, and site evaluators, etc.) shall, prior to entry on the land, deliver to Seller proof of independent contract with Buyer and a waiver of lien rights to a form satisfactory to Seller. 0 �,N� Buyer shall indemnify and hold Seller harmless from any and all liens, claims, liabilities or charges incurred or caused by Buyer's contracts with surveyors, engineers, and site evaluators, which indemnity shall include O y lawyer's fees, costs or disbursements incurred by Seller in any defense thereof. Possession. Seller shall deliver possession of the property not later than the date of closing. Examination of Title. Buyer shall, at Buyer's expense, cause the title to parcel to be examined including proper searches covering bankruptcies and state and federal judgments, federal court judgment liens in favor of the U.S., liens, and levied and pending special assessments. Buyer shall have ten (10) business days after such examination either to have Buyer's lawyer examine the title and provide Seller with written objections or, at Buyer's own expense, to make an application for a title insurance policy and notify Seller of the application. Buyer shall have ten (10) business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written objections. Buyer shall be deemed to have waived any title objections not made within the applicable ten (10) day period above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not specified above. If Buyer obtains title insurance, Buyer is not waiving the right to obtain a good and marketable title of record from Seller. Title Corrections and Remedies. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. • If notice is given and Seller proceeds in good faith to make title marketable but the 120 days period expires without title being made marketable, Buyer may declare this Purchase Agreement null and void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. C. If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, anyone or more of the following: 1. Proceed to closing without waiver or merger in the Deed of the objections to title and without waiver of any remedies, and may: (a) Seek damages, costs, and reasonable lawyer's fees from Seller as permitted by law (damages under this subparagraph (a) shall be limited to the cost of curing objections to title, and consequential damages are excluded); or, (b) Undertake proceedings to correct the objections to title; 2. Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid shall be refunded to Buyer; 3. Damages from Seller including costs and reasonable lawyer's fees, as permitted by law; 4. Specific performance within six months after such right of action arises. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of the following options, as permitted by law: 1. Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; 2. Seek specific performance within six months after such right of action arises, including costs and reasonable lawyer's fees, as permitted by law. • b (V� E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the 4 6rcements herein, Buyer may, as permitted by law: 1. Seek damages from seller including costs and reasonable lawyer's fees; 2. Seek specific performance within six months after such right of action arises. Notices. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph I above and, if mailed, are effective as of the date of mailing. Subdivision of Land. If the legal description in this Purchase Agreement is a new description requiring a subdivision of land owned by Seller, Seller shall pay all subdivision expenses and obtain all m necessary govemental approvals. Seller warrants that the legal description of the real property to be conveyed has been or will be approved for recording as of the Date of Closing. Seller warrants that all subdivision charges for the property, payable to the governmental unit having jurisdiction, have been paid in full, including, but not limited to, subdivision fees, park dedication fees, road and utilities dedication fees, and fees charged for roads, boulevards, trees, and landscaping. Seller warrants that there are no deferred subdivision charges affecting the property. Seller warrants that there are no restrictions on the availability of building permits because of Seller's subdivision of the land. Seller warrants that Seller has complied with all applicable subdivision regulations. Seller warrants that there are no encumbrances affecting the property in any development agreement that Seller may have with the municipality. Seller's warranties and representations contained in this paragraph, shall survive the delivery of the Deed or Contract for Deed, provided that any notice of a defect or claim of breach of warranty must be in writing and any such notice with respect to matters referred to above must be given by Buyer to Seller within one year of the Date of Closing or be deemed waived. Minnesota Law This contract shall be governed by the laws of the State of Minnesota. Well Disclosure. (Check one o the following.) x Seller certi ies that Seller does not know of any wells on the property. - Wells on the property are disclosed by Seller on the attached Well Disclosure form. O wage Treatment System Disclosure. (Check either A or B.) x A. Seller certifies that sewage generated at the property goes to a facility permitted by the Minnesota Pollution Control Agency (for example, a city or municipal sewer system), B. Seller certifies that sewage generated at the property does not go to a facility permitted by the Minnesota Pollution Control Agency and Seller's Disclosure of Individual Sewage Treatment System is attached (attach form). (Check either C or DJ x C. Seller does not know if there is an abandoned individual sewage treatment system on the property. D. Seller knows that there (strike one) are / are no abandoned individual sewage treatment systems on the property. If Seller discloses the existence of an abandoned individual sewage treatment system on the property, then Minnesota law requires that the location of the system be disclosed to Buyer with a map. (Attach Seller's Disclosure of Individual Sewage Treatment System with map completed.) Seller's Affidavit. At closing, Seller shall supplement the warranties and representations in this Purchase Agreement by executing and delivering a Minnesota Uniform Conveyancing Blank [Form No. 116 -M, 11 7 -M, or 1 18 -Mj Affidavit of Seller. Contingencies. This Purchase Agreement is subject to the following contingencies: 1) Previously paid to Seller and not included in the purchase price is $2,500.00 which is to compensate Seller for Seller's appraisal costs. 2) Included in the purchase price is $2,500.00 which is to compensate Seller for lost agricultural rent. 3) Seller owns land that is adjacent to the parcel that is the subject of this Purchase Agreement. This • parcel may be developed in the future. Buyer shall defer assessments with no interest for a period of (_0 C �) five years or until the sale of said parcel that may affect this parcel. Such deferral shall not accrue any • interest. The City shall administer the placement of approximately 33,000 cubic yards of suitable grading material on the development site. The City shall mitigate for approximate) 0.17 acres of wetland disturbance that will occur on this development land due to the City's pond construction activities. If Seller requests, the City may provide "development planning" assistance to the Seller of this development land including boundary surveys, preliminary development plans, soil boring information and a certified wetland delineation report. 4) Buyer shall be responsible for 50% of the cost of the north/south sanitary sewer main installation within the marked street right of way. A. BUYER'S DEVELOPMENT EVALUATION. This Purchase Agreement is not contingent upon Buyer obtaining all necessary approvals, architectural reviews, licenses, zoning, conditional use permits, variances, building permits, environmental permits, environmental approvals, and all other necessary permits, licenses and approvals (or has obtained reasonable assurances acceptable to Buyer, in its purchasing the parcel for the intended development of (briefly describe ): B. SURVEY. Buyer's obligation to close under this Purchase Agreement is contingent upon Buyer obtaining, at Buyer's expense, a survey of the property certified to Buyer as of a current date (no earlier than the date of this Purchase Agreement) evidencing conditions satisfactory to Buyer and containing certifications meeting the following minimum standards: (a) Prepared, dated and signed by a Minnesota Registered Land Surveyor with his or her seal affixed. • (b) Includes legal description properly Identifying the property described in this Purchase Agreement. (c) Locates all platted and unplatted property lines and lot lines. (d) Locates all streets adjacent to the property. (e) Locates all curb cuts, driveways and fences. (f) Locates all easements described in the plat, if any, and in the record title of the property (g) Locates all visible utility lines that service the property and improvements (sewer, water, gas, electric and telephone). (h) Locates any building setback lines. (i) Locates all encroachments or makes a positive statement that there are no encroachments. � Locates all improvements on the property. k) Shows all descriptions, angles, and other calls contained in the legal description. Buyer shall promptly retain a surveyor. If the survey reveals boundary or title problems, Buyer shall promptly deliver a copy of the survey to Seller. If the survey has been delivered to Buyer after Buyer's date for stating title objections, Buyer shall have an additional ten (10) days from the date of receiving the survey in which to state additional title objections. If the boundary or title problems prevent this transaction from closing, Seller shall reimburse Buyer for all expenses of survey and Buyer shall assign all rights in and to the survey to Seller. C. UTILITIES: SELLER'S UTILITIES REPRESENTATIONS AND BUYER'S CONTINGENCY. Seller represents that: (Seller: select one answerfor each utility, ifyou are uncertain, select "might not be. 'I • city sewer: [x] is [_] is not f 1 might not be available to the property through a service stub at the public right- cf.way o i e line; • city water: [x] is [ ] is not L might not be available to the property through a service stub at the public right - of-way frontage line; .electricity: [x] is l ] is not I I might not be available to the property through a service stub at the public right -of -way rontage line; • natural gas: [x] is � is not L] might not be available to the property through a service stub at the public right -J way frontage line; Oelephone: L] is [x] is not [_] might not be available to the property through a service stub at the public right - of -way frontage line; [CHECK EITHER (1) OR (2)] X (1) Buyer is Not Relying on Seller's Representations. The price offered by Buyer in this Purchase Agreement does not reflect any reliance upon any representations made by Seller as to the location or availability of utilities. Buyer's obligation to close under this Purchase Agreement is contingent upon Buyer obtaining, at Buyer's expense, verification that utilities can be provided to the property at costs which are reasonable for Buyer. This contingency shall be satisfied by June 15, 2006, or be deemed waived. NOTE: Buyer shall assume the payment of municipal charges for development on, construction on, or improvement of the property related to access fees, connection fees and "hook up" fees for connections to sewer, water, and other utilities. (2) Buyer is Relying on Seller's Affnmative Representations. The price offered by Buyer in this purchase Agreement reflects that Buyer is relying upon Seller's affirmative representations that the utilities are available as indicated by Seller above. Buyer's obligation to close under this Purchase Agreement Is contingent upon Buyer verifying, at Buyer's expense, without disturbing any soil, that utilities are available as represented by Seller, Buyer s good faith investigation to satisfy this contingency is limited to: (i)physical inspection of the property; (ii) insppection of available, local public records; or, (m) utilization of Gopher State One Call [Metro 612 -464- 0002; Outstate 1- 800 - 252- 1166]. Buyer's investigation shall be completed by [datel or this contingency shall be deemed waived. Buyer's Investigation. [check the following conditional statements that apply to this Purchase Agreement.•) x] If Buyer's investigation shows that the utilities are not available as represented above by Seller; or, if the utilities are not in the locations as represented above by Seller; or, if the utilities cannot be located without disturbing the soil; and if Buyer chooses not to waive this contingency, then Buyer shall notif eller of these circumstances, and, prior to closing, Seller shall, at Seller's option: [strike out any of the following that are not appropriate) (a) Excavate to verify the existence and location of the utilities as represented above, and, if necessary, obtain installation of any missing utilities; or, If any of the contingencies have not been satisfied or waived by Buyer on or before the respective performance dates, this Purchase Agreement may be terminated at Buyer's option, which option must be exercised by notice to Seller within five days after the respective performance date, but not later than one day before the Date of Closing, and the earnest money shall be promptly refunded to Buyer upon Buyer's exercise of 340 the option to declare this Purchase Agreement null and void. Both Buyer and Seller shall cooperate and make all reasonable efforts to attempt to remove the contingencies by the respective performance dates. --C losing Closing shall be at the office of McLeod County Abstract and Title Services, LLC, 235 Hassan treet SE, Hutchinson, Minnesota 55350 on or before May 1, 2008. B(h) At closing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax Identification O bers for the purposes of completing state and federal tax forms. SELLER Steven W. Cook, Mayor City of Hutchinson Gary D. Plotz, City Administrator City of Hutchinson • 0 BUYER Stephen E. Lee �'N) C� 0 rH HkR OF K 4ND ?HE N0R1H r� Gf S�C1t�N 31, OWNSrft� �� NOnu, RuNH 29 (57, desir °bed os fodw: common' r!g a! the wlhwts! corry of the Eosl Holf of the Ncrlhaosl �Uvler of sold Secli rl 3'!; tiva rj !r;a norlhwest , orw of sod 1.016' !henna South 89 degrees 4! minutes 31 seconds Eos!, olonq the nosh line of sold Eost Hail o' S beiq lht 0o�rh line of sod i,o! 6, o distonct of 413,00 fee!; Chance Rulh 2 degrees 39 minutes 59 seconds 051 "lei wl1h ll'ie rest line of said Eos! Half of the Norlheasl Ouarttr, b; ig the west tine 0f %d Lot 6, o Mlonct of 384,00 feel, rh, co wws r7, wlth the wlh line of sold Lot 6 o distance of �79;00 feel lhence 90Ulhe'ly, p0roilel wO the Wes! line of said L ot 6 o dislva of 20,T fge''. h`' ce westerly, porollel Meth to norlh lint of Sold L01 6 c dislonce Of 204.00 feet; thence Southerly, porollel cih !ha wail lire of sod lot 6 0 dislonce of 299J2 461 10 lho p0inl of btgimmng of Clio land to be doscrtod; thence North 89 degrees 51 minutes 2 se000ds Eos! 95.0 feel. lho%e Soulh 84 degrees 32 minults 55 seconds Eost 79,01 feet, lhm South 68 degrees 4 2 mir,uls �� strands [oil 108,43 tea!', Ova South 82 dohrees 06 minutes 18 seconds Eos± 140, 4 teat; thence South 89 degrees 36 Emits 25 seconds Eost 290,2, foot to the toil fine of said lot 6, thence southerly, 00q sod eosl lent of Lot 6 to the saulhaV corner of sold col 6, 010q the south lint of said Lot 6 to the e01161y corner of Hk,LCRES? SECOND VD 7 I3, Zcording !o the rororded plot thereof', thtnco weslerly, olong the north lint of sod HI L REST UM0N, to lho nttrsoOon wi!h 0 pine oaroliel wl ±he West 0` sod Lo! 6 as �tosured from the po!nl of btginnll', !*re 532,22 foot olonq 5oi4 paro';la' r,a'0'fe pr of lel;o1 , "Exhibit A" CJ F TO: Mayor & City Council FROM: Kent Exner, City Engineer John Paulson, Environmental Specialist RE: Consideration for Approval Adopting City of Hutchinson 2008 Fee Schedule Revision DATE: March 25, 2008 Due to regulatory requirements and the construction of the new W WTF Improvements project, City staff had originally proposed to implement increased wastewater phosphorus sewer service charge of $2.43/lb (greater than 6 mg/L) over the entire year of 2008 based on a weighted average that correlates to the W WTF project completion • date. Per feedback from the City's major industrial users, City staff is willing to delay the increased phosphorus rate until later this fall, and then implement the entire increase ($5.82/lb) at that time. The original prorated rate was based on a W WTF Improvements project full incorporation date of August 1, 2008. These rates were developed by Donohue & Associates in the "Hutchinson Sewer Service Charge System Update" dated January 8, 2007 (see attached). We recommend that 2008 Fee Schedule be amended to reflect the revision to the Phosphorus Sewer Service Charge as described above. cc: Gary Plotz, City Administrator • ATTACHMENT O 0 n LJ • SEWER SERVICE CHARGE RATE SCHEDULE HUTCHINSON, MINNESOTA CURRENT PROPOSED CATEGORY A SEWER SERVICE CHARGE 20116 2008 2009 Fixed Charge (per month) Volume Charge (per 1,000 gal) CATEGORY B SEWER SERVICE CHARGE Faced Charge (per month) Volume Charge (per 1,000 gal) Surcharges (per Ib): BOD (greater than 150 mgA) Suspended Solids (greater than 250 mgA) TKN (greater than 40 mgA) P (greater than 6 mgA) DEFINITIONS $ 4.00 $ 4.30 $ 4.40 $ 3.52 $ 4.40 $ 5.00 $ 4.00 $ 4.30 $ 4.40 $ 3.52 $ 4.40 $ 5.00 $ 0.32 $ $ 0.32 $ $ 1.30 $ N/A $ Category A Those sanitary sewer users who discharge normal domestic strength wastewater with concentrations of BOD no greater than 150 mg/l, suspended solids no greater than 250 mg/l, TKN no greater than 40 mgA, and P no greater than 6 mg/l. Category B Those sanitary sewer users who discharge wastewater with concentrations in excess of 150 mg/l for BOD, 250 mgA for suspended solids, 40 mg/l for TKN, and 6 mgA for P. Users whose wastewater exceeds the concentration for any one of these parameters shall be in Category B. Million Gallons x 8.34 x Pollutant Concentrations (mgA) = Pounds 0.40 $ 0.43 0.36 $ 0.40 1.07 $ 1.16 2.43 $ 5.82 v') E r TO: Mayor & City Council FROM: Kent Exner, City Engineer John Olson, Public Works Manager RE: Consideration of Items Related to Airport Runway Safety Improvements Project (Letting No. 14/Project No. 08 -17) DATE: March 25, 2008 The necessary Airport runway safety improvements to address pavement deterioration issues have been identified. Thus, the City must seek public bids for this work to be completed. This project has been identified within the Airport CIP and adequate FAA funding is available. • Attached are the Resolutions and Publications needed to advertise for bids. City staff will open bids on Monday, April 28 We recommend that the attached Resolutions and Publications for the above described project be approved. cc: Crary Plotz, City Administrator • RESOLUTION NO. 13368 1 0 AND ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 14 PROJECT NO. 08-17 WHEREAS, the City of Hutchinson Municipal Airport is proposing to make the following improvement 2008 CAPITAL IMPROVEMENT PROGRAM - RUNWAY SAFETY IMPROVEMENTS. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered. 2. Kent Exner is hereby designated as the Engineer for this improvement He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 25th day of March 2008. f, J City Administrator • RESOLUTION NO. 13369 • RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 14 PROJECT NO. 08 -17 WHEREAS, the Director of Engineering has prepared plans and specifications for the following described improvement: 2008 CAPITAL IMPROVEMENT PROGRAM - RUNWAY SAFETY IMPROVEMENTS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering shall prepare and cause to be inserted in the official newspaper, an advertisement forbids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City Administrator until 2:00 pm on Monday, April 28th, 2008, at which time they will be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator and/or Director of Engineering, will then be tabulated, and will be considered by the Council at 6:00 pm on Tuesday, May 13th, 2008 in the • Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering and accompanied by cash deposit, cashiers check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 25th day of March 2008. Mayor: Steven W Cook City Administrator: Gary D Plotz r1 U (0()) • C Phone (320) 234 -4219 Fax (320) 234 -6971 E • March 19, 2008 To: Honorable Mayor & City Council City of Hutchinson Hutchinson Municipal Airport — Butler Field Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 From: John Olson, Public Works Manager Subject: Consideration of Approval of Lease Agreement for Private Commercial Hangar with AJA Aviation, LLC Attached is the proforma lease document between the City of Hutchinson and AJA Aviation, LLC for construction of a private commercial hangar. To date, the Airport Commission has approved the proposed construction of a hangar. That action was followed up by approval from the City Council for staff to proceed with the project and draft a lease document. At their March meeting, the Planning Commission approved the Conditional Use Permit for the project. Tonight's agenda includes two items for your consideration related to this project: I) Approval of the lease document. I will he presenting an oral report on any conditions of the lease that are approved at the Airport Commission meeting on March 20. 2) Approval of the Conditional Use Permit, as recommended by the Planning Commission. I will be present to report any conditions identified by the Airport Commission, including the rate to be paid per square foot and any design considerations. I will also be available to address any questions or concerns you may have regarding this project. uk) LEASE AGREEMENT BETWEEN CITY OF • HUTCHINSON AND AJA Aviation, LLC This agreement, made this _ day of March 2008, by and between the CITY OF HUTCHINSON (the "City ") and AJA Aviation, LLC (the "tenant "), is for the purpose of outlining the rights and responsibilities of the parties to this Agreement. The parties to this Agreement do agree as follows: 1. Lease of airport property: The tenant leases from the City a private hangar lot, as described on a map available at the City Engineer's office. The lot is situated upon the Hutchinson Municipal Airport, Butler Field, an airport owned by the City. The lot is leased together with land and any improvements that may have been placed on it. The lot is described in an attachment to, and a part of, this Agreement. 2. Use of the airport: The tenant has the privilege of using public portions of the airport in common with other users. Use of the airport by the tenant is subject the rules and conditions as now exist or may be enacted in the future by the Federal, State or City governments. The tenant is subject to customary charges for such use as may be established from time to time by the Federal, State or City governments. Term of this agreement: The term of this lease is fifty (50) years. The terms of this agreement begin the date on which this agreement has been signed and approved by the City Council. At the termination of this lease, if the tenant shall have desire to continue to have the above described premises, the tenant and City shall negotiate, in good faith, without obligating either party, to renew this lease at the same price or rent and upon the same terms and conditions as any person acting in good faith would offer to lease the above described premises. • 4. Lease payments: The tenant agrees to pay to the City: A sum of cents ($0._) per square foot, payable annually, as determined by the outside dimensions of the hangar and required appurtenances, to the nearest one -foot. Lease payments are due on or before November 1 of each year. The City reserves the right to amend rates related to this lease no more than on a biennial basis. Rate revisions shall be reasonable and uniform as compared with other fees and rents charged at the City's airport. The City shall give rate revisions due regard to the value of the property leased, the improvements used, and the expense to the City of the tenant's operations. Biennial rate increases shall not exceed five percent (5 %). Any rate revisions shall be adopted by the City Council. 5. Construction of private hangars on leased property: A) The tenant agrees that hangars shall be constructed at no cost to the City. In the event the tenant has not completed construction of the hangar on the leased premises within eighteen (18) months from the date of this agreement, the City may terminate the lease without further obligation to the tenant. B) Any hangar built upon leased property shall be constructed in compliance with applicable building codes. The hangar and any attachments and appurtenances thereto, excluding required apron, ramps, parking areas, and driveways up to and associated with the hangar, must be located entirely upon the leased premises. • (-,,) cy-)- C) Tenants shall ensure hangars conform to design standards described by the City. • These design standards may include, but are not limited to, color, style, size, signs and placards, and other aesthetic requirements; as well as engineering requirements including, placement of the hangar upon the lot, drainage considerations, apron or approach design standards, prescribed floor elevations, placement of utility services, and firewalls. Construction and significant improvements may not begin before receiving written authority from the City. D) The tenant shall obtain the necessary regulatory authority and permits from the City. All construction shall be in a good and workmanlike manner and shall be in compliance with codes, ordinances, and other regulations applicable to the City and Hutchinson Municipal Airport. E) Prior to construction of any hangar located on leased property, the tenant shall furnish to the City, for review and approval, the plans for the building, and provide the estimated cost of completing the building. The tenant shall provide the City with a letter of credit, bond or other security with a surety satisfactory to the City conditioned upon the commencement, completion of and payment for the construction of the building; and against loss or damage by reason of mechanics lien. The City may specify the acceptable type of surety. F) During construction of the hangar, the tenant and /or tenant's contractor shall provide a certificate of insurance showing liability limits in an amount acceptable to the City and shall name the City as an additional insured. The City must approve insurance coverage before construction begins. The tenant and /or tenant's contractor shall protect the City from liability to persons or property for damages arising out of the construction or customary use of the building prior to obtaining an occupancy permit from the City. During construction, minimum liability coverage shall be one million • dollars ($1,000,000) per occurrence with one million dollars ($1,000,000) aggregate. G) Tenants shall pay the entire cost of such construction, and shall pay the entire cost of utility services and other services for the hangar. The tenant shall pay all site improvement costs not provided by the City, including but not limited to, filling, grading, gravel, bituminous, concrete, utility installations, and any other improvements required to properly place the hangar on the leased property. H) Tenant shall construct a parking facility of approximately ten (10) feet from the front of each end of the building in manner as prescribed by the City of Hutchinson. I) If the tenant allows a mechanic's lien to attach to the premises, such attachment of lien shall constitute a default. Tenant may post a cash bond with the City pending resolution of a mechanic's lien dispute. 6. Use and maintenance of leased property: Tenants, at their own cost and expense, shall take good care of the leased property and any hangar placed thereon. A) Any hangar constructed shall be used primarily for the storage of registered and/or leased aircraft and for related aviation purposes. Approved uses of hangars include aircraft and aircraft parts storage. In addition to the aircraft stored, tenants may store no more than three non - aircraft personally owned motorized vehicles in hangars. Use of the hangar for purposes other than those described herein shall be described in writing and be approved by the City. Uses other than those described herein that are not approved by the City shall constitute a default on the tenant's part. r\ L_J B) Tenants shall keep and maintain the property in good order and repair and in a • clean and neat condition. Tenants shall not permit any waste or nuisance on the leased property nor permit anything on the leased property to interfere with the rights of other tenants of the City or users of the airport. In the event the property is not properly maintained, the City may, after notifying the tenant, cause the property to be maintained. The costs of maintenance and an administrative fee will be billed to the tenant and become their responsibility. Unpaid billings may be certified to property taxes. C) Tenants may not store any property outside the building, except for property commonly stored outdoors, including but not limited to refuse containers, liquid petroleum tanks used for heating, etc., provided such property is properly secured. D) The cost for customary maintenance routinely performed by the City, related to areas affecting the value or use of leased properties are included in the lease costs charged for the property, including snow removal, grounds maintenance and maintenance of public apron areas. The City reserves the right to establish separate fees for these maintenance operations. E) The City performs snow removal throughout the City on a priority basis. The City reserves the right to perform snow removal functions in whatever manner it deems necessary. The City intends to provide service up to a reasonable and safe distance from the tenant's hangar. In any case, snow removal in front of hangars is the tenant's responsibility. The City is not required to perform any snow removal function on leased property, but may plow snow on or adjacent to leased properties to expedite other snow removal operations at the airport. F) Mowing and weed control immediately adjacent to the tenant's hangar are the • tenant's responsibility. The City reserves the right to perform mowing and weed control functions in whatever manner it deems necessary. The City intends to provide service up to a reasonable and safe distance from the tenant's hangar. The City is not required to perform any mowing or weed control function on leased property, but may mow or perform weed control on or adjacent to leased properties to expedite other maintenance operations. G) The City shall establish the standards by which public apron, ramp areas, and other paved surfaces are maintained. The City intends to provide service up to a reasonable and safe distance from the tenant's hangar. In any case, the tenant is responsible for maintaining ramp areas and other paved surfaces immediately adjacent to the tenant's hangar. H) The tenant must allow the City to access to the hangar for the purpose of conducting inspections of the hangar to determine whether the tenant is complying with the provisions of this agreement. The occupant may be a party to any compliance inspection, and the City is required to notify the occupant, under Section 15 of this agreement, and make reasonable accommodation to the tenant before conducting compliance inspections. 7. Taxes assessments, and other charges: A) In addition to other charges identified in this agreement, the tenant shall pay any taxes, assessments, licenses, fees, or other charges that may be levied or assessed upon the tenant's property or hangar or any activity of the tenant. Upon request by the City, the tenant shall provide proof of such payment. • B) The tenant shall establish their own accounts for utilities, and pay all rates and • charges for any utility used or consumed in connection with or in the leased property during the term of this agreement. Upon request by the City, the tenant shall provide proof of such payment. C) In the event the tenant fails to pay the lease payments, taxes, assessments, fees, or other charges due, the City shall notify the tenant of the default. If the tenant fails to cure such default, the City shall have the right to terminate this lease in accordance with section 8 of this Agreement. B. Termination provisions: A) At the termination of this lease the tenant has the privilege of removing the hangar and associated properties placed upon the leased lot. The tenant shall obtain all required permits. The tenant shall have a period of ninety days (90 days) from the termination date to remove property. In the event the tenant cannot complete the removal within ninety days (90 days), the City may grant a reasonable extension of time, if the tenant can demonstrate the reasons for failure to remove property within the ninety -day (90 day) period are beyond the control of the tenant. If the tenant does not remove the property within the period granted by the City, the City shall retain ownership of remaining personal property for any municipal purpose or cause the personal property to be removed at the tenant's expense. B) If the leased premises becomes deserted, abandoned or vacated for a period of more than four (4) months, the City may terminate the lease. If the tenant's interest in the property is taken by process of law, the City may terminate the lease. If the buildings or properties on the premises are destroyed, the City or tenant shall have • the right to terminate this agreement upon giving written notice, with response, to the other party. C) Should the tenant default in the performance of any terms, conditions or covenants of this agreement not otherwise specified, and should the default continue for a period of more than thirty (30) days after the City serves the tenant with written notice, the City may terminate the lease. Serving the tenant with written notice includes reasonable attempts by the City to contact the tenant, and may include use of certified mail with return receipt and /or personal service. This may be done with or without terminating this agreement and without prejudice to any other remedy for lease payments or breach of covenant. In any such event the City may terminate this agreement by giving written notice of the termination. The rights and remedies given to the City are, and shall be deemed to be, cumulative, and the exercise of one shall not be deemed to be an election excluding the exercise by the City at any other or different time of a different or inconsistent remedy. D) Should the leased property be declared condemned, either because the airport is closed to the public, or the property is needed for another municipal purpose, the City may reimburse the tenant for lease payments received in the preceding five (5) years. The City shall provide the tenant with at least ninety-days (90 days) notice of such action. • (S a) B. Liability provisions: • A) The tenant agrees to defend, indemnify and hold harmless, including reasonable attorneys' fees, the City and all its agents and employees from any and all claims, demands, actions or causes of action of whatever nature or for loss of or damage to property or injury to persons occurring on or about the above described premises arising out of or by reason of the execution or the performance of the services provided in accordance with this agreement. The City shall not be liable to any extent for, nor will the tenant make any claim against the City for or on account of any injury, loss or damage resulting from the tenant's property or use thereof, including any claims by third parties. B) The tenant shall obtain and keep current a liability insurance policy with the City as a named additional insured and shall be in a form acceptable to the City. Inability to keep adequate insurance coverage shall be considered a default. After construction, minimum liability coverage shall be one million dollars ($1,000,000) per occurrence with one million dollars ($1,000,000) aggregate. C) The tenant shall obtain, and provide upon request verification of, all licensure requirements of the City of Hutchinson, State of Minnesota and/or the United States Government to legally comply with this agreement. 10. Transferring, subletting, selling: The tenant shall not transfer, sublet or sell any interest in this agreement or in the improvements located on the property without first obtaining the written consent of the City, which consent shall not be unreasonably withheld provided the proposed assignee, subtenant or purchaser can demonstrate the ability and sufficient business record that it can carry out the terms of this agreement and has not been in any • situation or condition that the City finds objectionable. Failure to obtain written consent shall be sufficient grounds for terminating this agreement without obligation of the City to the tenant. 11. Amendments: This agreement shall not be amended except by written document signed by all parties to this agreement. 12. Discrimination provision: The tenant, in the use of the Hutchinson Municipal Airport, shall not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, or national origin or in any manner prohibited by Part 21 of the Regulations of the Office of the United States Secretary of Transportation, and the tenant further agrees to comply with any requirement made to enforce such regulation which may be demanded of the City by the United States Govemment under authority of said Part 21. 13. Laws, rules and regulations: The tenant shall abide by and conform with all laws, rules, and regulations, including future amendments thereto, controlling or in any manner affecting the tenant relative to the use or occupancy of the tenant. 14. Recording the Lease: Upon completion of the building, a survey will be conducted and a legal description will be attached hereto and become part of the agreement. The lease will be recorded at the McLeod County Recorders Office, and such fees as are required shall be paid by the tenant. 15. Venue for causes of action: The laws of the State of Minnesota shall govern this lease and the venue for any causes of action shall be McLeod County, Minnesota. 16. Notices: All notices under this agreement shall be sent to the following addresses. Tenant is • responsible for notifying the City of mailing address changes. ( D co • • If to the City: City of Hutchinson Airport Manager Hutchinson Municipal Airport — Butler Field 111 Hassan St SE Hutchinson, MN 55350 If to the tenant: AJA Aviation, LLC Hutchinson, MN 55350 CITY OF HUTCHINSON: Dated: By: (Steven W. Cook, Mayor) Subscribed and sworn to before me this day of 2005 Notary Public of the State of Minnesota My commission expires: Attest: (Gary D. Plotz, City Administrator) TENANT: For AJA Aviation, LLC by: Dated: • N Subscribed and sworn to before me this day of 2008 Notary Public of the State of Minnesota My commission expires: its (Tenant) Subscribed and sworn to before me this day of 20019 Notary Public of the State of Minnesota My commission expires: The tenant is leasing Private Commercial Hangar Lots #1, a sixty -six foot wide by seventy -two • foot deep lots in the first row of private conventional general- aviation hangar lots, identified by the City. Appurtenances required for utility provision shall be placed upon leased space in a manner consistent with existing regulations. See attached map. THIS INSTRUMENT WAS DRAFTED BY: Marc A. Sebora Tax Statements for the real property described in this Hutchinson City Attorney instrument should be sent to: Ill Hassan St. SE Hutchinson, MN 55350 Tenant (320) 587 -5151 Attorney ID t$ 0251239 • • 7 V v— • License Fee: $55.00 APPLICATION FORM FOR TEMPORARY RECYCLABLE MATERIAL COLLECTION N AME AND ADDRESS OF OWNER J�jiGle- ��on4" 3 8d X m oo e r9-o t�-j "" (annan?� ✓nn �s�o�. DRIVER'S LICENSE #: 51 69159 I1 o516 If, on -site operator is different than owner list names: !N i_N r\ A -1,o -r e\ ca 1 5 0 r LOCATION PROPOSED FOR TEMPORARY RECYCLING SITE: V Q, C ck 'n� Muphf H U 5 ZONING CLASSIFICATION OF ABOVE SITE: C� WHICH DAY OF THE WEEK AND HOURS DO YOU ANTICIPATE OPERATING? , �4 DAY OF WEEK SPECIFY HERE OR ATTACH SCHEDULE OF DATES FOR A ONE YEAR PERIOD OR MORE: n I ' -0mJ N D > 1 LIST HOUSEHOLD ITEMS YOU PLAN TO SOLICIT OR ACCEPT: a I Qfv\ cCA n s C,() SUMMARY OF REGULATIONS • LIMITING THIS ACTIVITY ORDINANCE 154.113 COLLECTION ACTIVITIES MUST SPECIFY LOCATION, NO MORE THAN ONE DAY PER WEEK, AND MUST OCCUR BETWEEN THE HOURS OF 8:00 A.M. AND 8:00 P.M (ORDINANCE 154.113) LIMITED TO ONE VEHICLE PER SITE (ORDINANCE 154.113) NO SHREDDING OF MATERIAL SHALL OCCUR AT THE COLLECITON SITE (ORDINANCE 154.113) NO STOCKPILING IS PERMITTED (ORDINANCE 154.1 13) ONLY A SCALE IS PERMITTED OUTSIDE OF THE RECYCLING VEHICLE (ORDINANCE 154.113) WEIGHT SCALES SHALL BE CERTIFIED (STATE REGULATION). A METAL SEPARATOR AND COMPACTOR MAY BE USED FOR THE PURPOSE OF COLLECTION OF ALUMINUM MATERIAL BUT ONLY IF THE EQUIPMENT IS TOTALLY CONTAINED WITHIN A VEHICLE OR NOT ACCESSIBLE TO THE PUBLIC (ORDINANCE 154.113) A COLLECTION VEHICLE MAY BE LOCATED ON SITE ONLY IF IT DOES NOT • IMPEDE ACCESS TO THE SITE, HINDER NORMAL VEHICULAR FLOW ON SITE OR USE EXCESSIVE PARKING AREA (ORDINANCE 154.113) NO COLLECTION WITHIN 200 FT. OF COMMERCIAL BUILDING OR 300 FT. OF RESIDENCE (ORDINANCE 154.113) ALL GARBAGE AND DEBRIS MUST BE REMOVED FROM THE AREA PRIOR TO DEPARTING (ORDINANCE 154.113) VEHICLES USED MUST BE CLEAN AND OTHERWISE COMPLY WITH ALL TRAFFIC REGULATIONS (ORDINANCE 154.113) NO SIGNAGE ALLOWED, EXCEPT ATTACHED TO COLLECTION VEHICLE (ORDINANCE 154.113) ONLY HOUSEHOLD RECYCLABLES MAY BE COLLECTED (NEWSPAPERS, PLASTIC, GLASS AND METAL CANS), (ORDINANCE 154.113) I hereby agree to abide by ordinance number 154.113 and all other applicable State and city of Hutchinson Municipal Codes and Regulations. � L - , , D �) Signature required owner /operator 0 * Copies of ordinance(s) available upon request. cA) CITY OF HUTCHINSON MEMO Finance Department March 20, 2008 TO: MAYOR S CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: CITY INVESTMENTS Attached is the City of Hutchinson's long term investment portfolio, as of February 2008. I have included the information reported each month to the council and for this update have added ratings of the investment and current market value for review by the City Council. Each year, as part of the audit, city • investments are reviewed, rated and reported in our CAFR, I have included the footnote from our 2006 audit. I will review this information and answer questions you may have. H: \DOC \City council memo l.doc 0 g(0.) 19- Mar -08 9/25/2014 300,000.00 • 3,657.00 step up Interest Institution Description Rate Smith Barney FNMA med 5.53% Smith Barney FFCB C 4.75% Smith Barney FHLB C 4.500% Smith Barney FHLB C 4.750% Smith Barney FHLM -C 5.000% Smith Barney FHLM -C 5.000% Edward Jones FHLB 5.00% Wachovia FHLB 4.25% Wachovia FHLB 5.00% Wachovia FHLB 5.000% Wachovia FHLB 4.000% •IChovia FHLB step 5.000% Wachovia FHMA 5.000% Wachovia FHLB = stel 5.000% Wachovia FHLB = stel 6.000% First Minnesot c`cevncteotDeposlt 5.180% First MlnnesotE cedlfi ale of Depostt 3.650% Mid Minnesota certlflwleofDeposit 5.100% First Minnesotsce.uuoeleofDepoea 4.950% • CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT February 29, 2008 Date Date Of Of Purchase Maturi 9/24/2007 9/25/2014 300,000.00 AAA 3,657.00 step up 1/17/2008 1/22/2014 300,000.00 AAA 657.00 4/28/2005 10/28/2008 750,000.00 AAA 9,607.50 1/30/2008 1/30/2015 365,000.00 AAA 2,168.10 11/7/2007 11/21/2012 300,000.00 AAA 1,500.00 12/12/2007 12/12/2014 500,000.00 AAA 6,695.00 12/12/2007 12/12/2012 500,000.00 AAA 1,071.19 3/3/2008 3/3/2015 300,000.00 AAA 0.00 12/12/2007 12/12/2017 300,000.00 AAA 4,875.00 6/26/2003 06/26/13 400,000.00 AAA 468.00 7/16/2003 7/16/2013 200,000.00 AAA (692.00) 11/26/2007 11/26/2014 625,000.00 AAA 6,835.62 step up 12/19/07 12/19/17 200,000.00 AAA 3,189.40 11/29/07 11/15/17 300,000.00 AAA 458.70 06/29/07 06/27/14 500,000.00 AAA 1,485.00 step up 02/20/07 03/13/08 400,000.00 01/22/08 03/24/08 750,000.00 10/26/07 11/13/08 500,000.00 10/31/07 01/15/09 500,000.00 $7,990,000.00 _ $41,975.51 gca� CITY OF HUTCHINSON, MINNESOTA NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2006 ii Note 3: DETAILED NOTES ON ALL FUNDS A. Deposits and Investments Deposits Custodial credit risk for deposits and investments is the risk that in the event of a bank failure, the District's deposits an investments may not be returned or the City will not be able to recover collateral securities in the possession of an outsi• party. In accordance with Minnesota statutes and as authorized by the City Council, the City maintains deposits at thosf depository banks, all of which are members of the Federal Reserve System. Minnesota statutes require that all City deposits be protected by insurance, surety bond, or collateral. The market value of collateral pledged must equal 110 percent of the deposits not covered by insurance or bonds (140 percent in the case of mortgage notes pledged). Authorized collateral includes the legal investments described below, as well as certain first mortgage notes, and certain other State or local government obligations. Minnesota statutes require that securities pledged as collateral be held in safekeeping by the City Finance Director or in a financial institution other than that furnishing the collateral. At year end, the City's carrying amount of deposits was $37,681,659 and the bank balance was 539,230,241. The entire bank balance was covered by federal depository insuran and securities pledged by the financial institution's trust department in the City's name. The primary government and the EDA component unit deposits and investments are pooled. At year end, the HRA's (discretely presented component unit) carrying amount of deposits was $872,646 and the bank balance was $872,646. The bank balance was covered by federal depository insurance and securities held by the pledging financial institution's trust department in the HRA's name. . rt ;• -30- sco) -- CITY OF HUTCHINSON, MINNESOTA NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2006 Note 3: DETAILED NOTES ON ALL FUNDS • Investments As of December 31, 2006, the City had the following investments that are insured or registered, or securities held by the City or it's agent in the City's name: (1) Ratings are provided by various credit rating agencies where applicable to indicate associated credit risk. N/A indicates not applicable or available. (2) Interest rate risk is disclosed using the segmented time distribution method. • -31- v Fair Value and Credit Segmented Carrying Quality/ Time Types of Investments Amount Cost Ratings (1) Distribution (2) Pooled investments: First American Government Obligation Fund $ 8,128 S 8,128 AAA less than 6 months Municipal Bonds Fund 207,504 207,504 AAA less than 6 months Total pooled investments 215,632 215,632 Non - pooled investments: Federal agency notes 1,420,545 1,425,375 AAA less than 6 months 996,849 999,080 AAA 6 to 12 months 1,407,144 1,425,000 AAA I to 3 years 2,009,403 2,062,502 AAA more than 3 years Total Federal agency notes 5,833,941 5,911,957 Investment in joint ventures (Hospital) 1,041,357 1,041,357 NIA • Commercial paper 2,545,483 2,533,214 P -1 less than 6 months Total non - pooled investments 9,420,781 9,486,528 Total investments $ 9,636,413 $ 9,702,160 (1) Ratings are provided by various credit rating agencies where applicable to indicate associated credit risk. N/A indicates not applicable or available. (2) Interest rate risk is disclosed using the segmented time distribution method. • -31- v CITY OF HUTCHINSON, MINNESOTA NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2006 *e 3: DETAILED NOTES ON ALL FUNDS - CONTINUED Cash on Hand Cash in the possession of the City, consisting of petty cash and change funds totals $4,661. Cash and Investments Summary Cash and investments as shown on the Statement of Net Assets for the City follows Hutchinson Public Utilities Commission Public Utility Revenue Bond Sinking Fund - 2003 Funds designated by bond resolution which require monthly deposits of amounts necessary to meet annual principal and interest payments. $ 207,504 Hutchinson Area Health Care Bond sinking and reserve funds Monthly deposits are to be made to this account for the various revenue Total Primary Component Component Reporting Auxiliary Government Unit - EDA Unit - HRA Entity Deposits $ 36,805,242 $ 3,771 $ 872,646 $ 37,681,659 Investments 9,636,413 - - 9,636,413 Cash on hand 4,661 - - 4,661 Total $ 46,446,316 $ 3,771 S 872,646 S 47 322,733 Cash and investments Unrestricted $ 39,265,048 $ 3,771 $ 868,947 $ 40,137,766 Restricted 6,139,911 - 3,699 6,143,610 Other investments 1,041,357 - 1,041,357 • Total $ 46,446,316 $ 3,771 $ 872,646 $ 47,322,733 Cash and Investments - Restricted Cash and investments - restricted are deposits designated by bond covenants or by the Hutchinson Public Utilities Commission and Hutchinson Area Health Care for specific purposes. At December 31, 2006, restricted cash and investments consisted of the following: Hutchinson Public Utilities Commission Public Utility Revenue Bond Sinking Fund - 2003 Funds designated by bond resolution which require monthly deposits of amounts necessary to meet annual principal and interest payments. $ 207,504 Hutchinson Area Health Care Bond sinking and reserve funds Monthly deposits are to be made to this account for the various revenue bond issues, in amounts sufficient to pay, when due, the required next succeeding interest and principal payment. 1,167,339 Capital improvements 4,428,103 Auxiliary 336,965 Total 5,932,407 • Total Restricted Cash and Investments $ 6,139,911 -32- CITY OF HUTCHINSON MEMO Finance Department March 20, 2008 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: BOND MARKET UPDATE Steve Apfelbacher, President of Ehlers & Associates, will update the City Council on the municipal bond markets as we prepare for our 2008 bond sale. Attached is some related information from Ehlers recently published newsletter relating to current market conditions and general information related to debt management issues. 1] H: \DOC \City council memo 1.doc • Sr(,,6) Ehlers Advisor • March 2008 What's All the Fuss About Bond Insurance? C have been numerous stories in the financial news in [ months about Liquidity problems and rating grades affecting bond insurance companies. When municipal bonds are insured, it means that an insurance company has agreed to guarantee the timely payment of principal and interest on the bonds- The insurance company receives a fee for this service, usually paid by either the issuer of the bonds or the underwriter of the bonds at the time the bonds are initially sold. The insurance policy results in a higher rating on the bonds (usually a AAA rating) and therefore makes the bonds more attractive and marketable to investors. Some of the municipal bond insurance companies have also insured credit derivatives contracts and subprime mortgage - backed securities. There have been defaults in some of these derivatives and subprime securities, creating financial pressure on the insurance companies that insured them. This, in rum, has caused the rating companies (Moody's, Standard and Poor's, and Fitch) to downgrade the ratings on some of the insurance companies. Impact on Local Governments It will probably take some period of time before all the implications of these changes are sorted out. We are continuing to monitor trends in the markets, and will keep our clients informed of new developments. For now, we can s ummariz e the impact in a few key points. You may have an obligation to disclose a downgrade of the rating on your bonds. All municipal bonds sold since 1995 are subject to the "continuing disclosure" regulations of the SEC. One of the requirements of those regulations is the timely notification by the issuer of certain "material events," including any bond rating change. If any of your bonds were insured by an insurance company, and if the rating company that rated the bonds downgrades their rating for that insurance company, that is a material event that must be disclosed. If Ehlers already provides you with continuing disclosure services, we will file a material events notice on your behalf if one is required. If you are not an Ehlers continuing disclosure client, feel free to call us with questions. 2. If you issued "fixed rate" debt, the payments on your existing debt will not change. Almost all debt issued by local governments in Minnesota is fixed rate debt. If you have any variable cute debt or swaps, your payments could change; if this happens, feel free to call us to help determine your exposure and your options. 3 So far, the downgrades of the insurance companies have not impaired the ability of our clients to issue debt, and have had very little impact on interest rates or other costs of issuing debt. There is still strong demand for municipal bonds, with or without bond insurance. Several stable insurance companies have maintained their AAA ratings, and are still selling insurance, and new insurance companies are emerging (including a new company created by Warren Buffet and his Berkshire Hathaway company). It appears that investors are doing more research on the underlying credit ratings of bond issuers. This may lead to lower interest rates for highly rated bond issues, and slightly higher rates on lower rated issues. The table below summarizes the current ratings on the bond insurance companies, as of February 28, 2008, ACA Financial Guaranty (ACA) CCC Ambac Assurance Corp. Aaa AAA AA Assured Guaranty Corp. Aaa AAA AAA CIFG Assurance North America Aaa AAA AAA Capital Guaranty Insurance Company Aaa AAA AAA Capital Markets Assurance Corp. (CapMAC) Aaa AAA AAA Financial Guaranty Insurance Company (FGIC) A3 A AA Financial Security Assurance Inc. (FSA) Aaa AAA AAA MBIA Insurance Corp. Aaa AAA AAA Radian Asset Assurance Inc. Aa3 AA A+ XL Capital Assurance Inc. A3 A A 'Ratings shown in red above were downgraded since October 2007 Ehlers AcMsor • March 2008 GFOA Recommended Practices for Selecting and Managing the Method of Sale for Local Government Bonds W e Government Finance Officers Association (GFOA), an independent representative of local government finance professionals, has published an update to its recommended practices for selection of the method of sale for local government bonds. Debate among financial advisors, underwriters, and issuers as to the appropriateness of competitive vs_ negotiated sales will undoubtedly continue. However, the GFOA, through this latest update to its recommended practices, has provided definitive guidance as to what is in the best interests of local governments and the taxpayers they serve. As noted in their Recommended Practice document: "There is a lack of understanding among many debt issuers about the appropriate roles of underwriters and financial advisors in the •- fiduciary relationship that each has or does not have with - respect to local government issuers. The relationship between the issuer and financial advisor is one of "trust and confidence ", which is in the "nature of a fiduciary relationship." This is in contrast to the relationship ' between the issuer and an is underwriter where the relationship is one of some common purposes but also some competing objectives, especially at the time of bond pricing.' circumstances it will permit the use of a single firm to serve as an underwriter on one transaction and a financial advisor on another transaction. When Underwriters Must Resign as Financial Advisors The Municipal Securities Rulemaking Board (MSRB) has had a rule in place for many years (Rule G -23) that requires underwriters to resign their role as the financial advisor when underwriting a negotiated sale for an issuer. {I This rule has been loosely followed by the underwriting community such that it has been common practice for underwriters to serve as a financial advisor in the preparation and planning for a new borrowing followed by their resignation just prior to the execution of the negotiated sale, followed by their immediate "rehire" �••. -�- � as the financial advisor after the sale. o Many local government officials may not even be fully aware that this resignation and reengagement has occurred (even though it is supposed to be executed in writing). '- In the latest update to its commended practices, the GFOA �Yecommends AGAINST allowing an : to engage in the practice _ - of resigning for the one -time deal, +` only to be "rehired" immediately thereafter. In fact, it calls into question the practice of having a firm serve as underwriter on one transaction and financial advisor on another transaction. Guidelines for a Negotiated Sale The GFOA recognizes there may be appropriate conditions when a negotiated sale would be in the best interests of a local government. However, they provide ten guidelines that should be considered and followed when the negotiated method of sale is chosen. A complete copy of the Recommended Practices is available on the GMA website at www.gfoa.org. Key recommendations related to use of the negotiated sale method are: • Issuers should engage a financial advisor to counsel them as to whether a competitive or negotiated sale is most appropriate based on their specific circumstances. It is also recommended that the issuer enter into a written contractual relationship with a financial advisor (a firm unrelated to underwriters), to advise the issuer on all aspects of the sale, including selection of the underwriter, structuring, disclosure preparation and bond pricing. • Due to inherent conflicts of interest, the firm acting as a financial advisor for an issuer should NOT be allowed to resign and serve as underwriter for the transaction being • considered. Due to potential conflicts of interest, the issuer should enact a policy regarding whether and under what Should Issuers be Their Own Financial Advisors? The GFOA also cautions issuers from serving as their own financial advisor unless they have at least the following skills and information: • Access to real -time market information (e.g. Bloomberg) to assess market conditions and proposed bond prices; • Experience in the pricing and sale of bonds, including historical pricing data for their own bonds and /or a set of comparable bonds of other issuers in order to assist in determining a fair price for their bonds; and • Dedicated full time staff to manage the bond issuance process with the training, expertise and access to debt management tools necessary to successfully negotiate the pricing of their bonds. Ehlers is an independent financial advisory firm with over 50 years experience representing public issuers. Ehlers is NOT an underwriter and has never served as an underwriter on any public finance transaction. Ehlers has the independence and all of the capabilities set forth above to ensure that our client issuers avoid transactions and bond terms that may principally benefit the underwriter. Our experience allows our clients to receive the best pricing available in the market at the time of sale for both negotiated and competitive sales. 4• ORDINANCE NO. 08-0495 — AN ORDINANCE AMENDING SECTION 112.088 OF THE HUTCHINSON CITY CODE PERTAINING TO HOURS AND DAYS OF • LIQUOR SALES § 112.088 HOURS AND DAYS OF SALES. No on -sale of intoxicating liquor shall be made between the hours of+ 00 2:00 a.m. and 12:00 noon on Sunday, nor between 12:00 midnight and 8:00 a.m. on Monday, nor between the hours of 4:W 2:00 a.m. and 8:00 a.m. on Tuesday through Saturday. No off -sale of intoxicating liquor shall be made on Sunday nor before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday, nor on New Year's Day, January l; July 4; Thanksgiving Day; or Christmas Day, December 25. No sale of intoxicating liquor shall be made after 8:00 p.m. on December 24. ('89 Code, § 5.43) (Am. Ord. 96 -172, passed 9- 10 -96; Am. Ord. 97 -213, passed 11 -25- 97; Am. Ord. 98 -217, passed 2- 10 -98) Penalty, see § 10.99 ADOPTED BY THE COUNCIL OF THE CITY OF HUTCHINSON THIS DAY OF 2008. APPROVED: ATTEST: • By: Steven W. Cook By: Gary D. Plotz Its: Mayor Its: City Administrator • � (Oj- r1 U aC� Liquor Regulations - (G) Hours and days. • #1 - What are the current hours for liquor establishments to sell liquor? #2 - If it is currently 1:00 am, are there any plans to exend the hours to 2:00 am? McLeod Count -- #1 #2 Brownton 1:00 No Glencoe 1:00 No Lester Prairie 1:00 No Silver Lake 1:00 No Stewart 1:00 No Winsted 1:00 No Plato 1:00 No Meeker <a °- Cosmos 1:00 No Dassel 1:00 No Eden Valley 2:00 n/a Grove City 1:00 No Litchfield 1:00 No Watkins 1:00 No • Carver, . Chaska 2:00 n/a Waconia 2:00 n/a Watertown 2:00 n/a Belle Plain 2:00 n/a Carver 2:00 n/a New Germany 2:00 n/a NorwoodNoung Ameri 2:00 n/a Mayer 1:00 No Sibley '- Arlington /Green Isle 1:00 No Gaylord 1:00 No Gibbon 2:00 n/a Henderson 1:00 No Winthrop 1:00 No r1 U aC� 0 C TO: Mayor & City Council FROM: Kent Exner, City Engineer John Olson, Public Works Manager RE: Consideration of Approval of Updated City Special Assessment Policy DATE: March 25, 2008 After significant preparation and review by the Resource Allocation Committee, City staff would like to propose the approval of the revised City Special Assessment Policy. City staff will provide a brief overview of this revised document. • We recommend that the attached updated City Special Assessment Policy be approved. cc: Gary Plotz, City Administrator • City of Hutchinson r4 J Special Assessment Policy March 2008 0 10 (C-) Introduction is Special assessments are levies against properties used to finance public improvements. Minnesota Statutes §429 (Statute) grants cities the authority to use special assessments as a mechanism to finance a broad range of public improvements. The primary purpose of special assessments is to apportion improvement project costs to properties that benefit from the improvements. Apportioning costs of public improvements to benefiting properties reduces reliance on general property taxes to fund public improvements. In accordance with Statute provisions, special assessments are limited to the amount that properties benefit from the improvement. This policy describes the procedures used by the City of Hutchinson (City) to determine benefit and apportion special assessments equitably to benefiting properties. Public improvements may be constructed without using special assessments, but because the City has limited options for funding improvements, it is generally not economically feasible under current law to avoid use of special assessments. General Policy Intent The purpose of this policy is to establish an equitable manner of recovering and distributing the cost of public improvements. Procedures used by the City for levying special assessments are in accordance with the Statute, which states that "all or part of the cost of improvements may be assessed against benefiting properties." It is the City's intent to establish basic procedures to follow when establishing special assessments. This policy is based on the Statute and the description of the Statute found in the "Special Assessment Guide" (Guide), version 515al a.3- January 2008, produced by the League of Minnesota Cities (LMC). • 2 10(() Disclaimer • The City maintains the right to vary from this policy without notice at any time and for any reason determined to be in the best interest of the City or of principles set forth in the Statute and the Guide: • The Statute does not specify any method or formula to be used in making the special assessment. The City retains the right to use a variety of methods for calculating special assessments so they are as equitable as is practicable. • Any formula or method used for calculating special assessments must operate so assessments on all properties are proportional to the benefits they receive. Any formula or method used represents an attempt to measure and distribute benefits, the increase in market value, resulting from the public improvement. • The City Council has broad discretion in determining benefits. The City Council's findings will not be upset by Courts, except in cases where there is clear discrimination or inequalities. • This policy provides an outline of standard practices and procedures used by the City beyond those noted in the Statute and the LMC Guide. • • �a(a- Initiating Public Improvements 10 There are five ways public improvements may he initiated. Under all of these, the City Council reserves the right to reject improvements if it is determined they are not necessary, cost - effective or feasible. Also, in all cases, provisions of the Statute must be followed. The five ways projects are initiated include: Petition by 100% of DroDerty owners. with a waiver ofaDDeal ofspecial assessments: This generally involves property owners that are developing previously undeveloped property for the first time. When 100% of property owners request the improvement, the City Council may order the improvement without a hearing. Under separate agreement, property owners will generally waive provisions of the Statute that provide for the property owner's right to appeal special assessments. In these cases, the property owners pay 100% of the cost of public improvements. Petition by 100% of property owners, without waiver of gDDeal: This generally involves all property owners agreeing that a public improvement is necessary. When 100% of property owners request the improvement, the City Council may order the improvement without a hearing. Once validated by the City Council, the resolution may not be questioned, unless an action for that purpose is commenced within 30 days; however, the amount of the special assessments may still be questioned pursuant to the Statute. Petition by more than 35% ofproperU owners: This generally involves more than 35% • of abutting property owners agreeing that a public improvement is necessary. Once the petition is validated, the City Council may not make substantial changes in the nature of the improvement from that asked for in the petition. The City Council may, however, deem substantial changes necessary or desirable, and may proceed on its own motion without reference to the petition. If no substantial changes are necessary or desirable, the City Council must declare the petition adequate under the Statute and order preparation of a report regarding the improvement project's necessity, cost - effectiveness, and feasibility. City Council Resolution. This generally involves initiation of a potential public improvement by resolution of the City Council. The City Council may order the preparation of a report of a public improvement's necessity, cost - effectiveness and feasibility. Such resolutions require a 4 /5 vote from the City Council, rather than a simple majority. City Council adoption of an asset management strategy The City Council may, by resolution, adopt an asset management strategy identifying several potential public improvements in one report. This method is considered, in essence, the same as having produced separate resolutions for each public improvement identified in the asset management strategy. Such resolutions require a 4/5"' vote from the City Council, rather than a simple majority. • New Development Improvements • The cost of infrastructure and public improvements for all new developments will be home by the developer and/or property owner. Developers or property owners pay the entire cost of initially installing infrastructure and improvements in accordance with City standards, subject to review by the City Engineer. In cases where the City provides financing for new development improvements, all development costs will be assessed to the property. The remainder of this policy applies to new development improvements, with the exception of those provisions identifying any cost being generally paid by the City of Hutchinson. In all cases of new development improvements, the policy shall be that the developer or property owner pays the entire cost of improvements. Improvements to Eaisfine Infrastructure The remainder of this policy, including provisions identifying any cost being generally paid by the City of Hutchinson, applies to all Type 1, Type 2 and Type 3 improvements, as defined below. 0 C� 5 �D(czj- Public Improvements • For purposes of this policy, there are three general classifications of improvements. Type 1 Improvements: Type 1 improvements are generally the most common. These improvements primarily provide benefit to abutting properties. Type 2 Improvements: Type 2 improvements provide benefit to properties in a wider, yet definable, area. Type 3 Improvements: Type 3 improvements are typically large -scale improvements of benefit to the entire City, regardless of their location. • • Typical improvements are classified as: Type l Improvements Type 2 Improvements Type 3 Improvements Curb and gutter Trunk sanitary sewer (greater Bridges' than 8" diameter Trunk water main (greater than Sidewalks 8" diameter) and looped water Community facilities' main Sanitary sewer laterals (8" or less Collector and Arterial streets Collector and Arterial streets' diameter Sewer, storm sewer and water Neighborhood parks & Recreational facilities & services playgrounds' Community arks' Local streets and alleys Storm drainage improvements — Wastewater treatment facilities ' area Storm drainage improvements — parking lots Water towers' local Boulevard trees streetlights Sidewalks and boulevard trees Water treatment lant Other improvements authorized by law' 'Generally supported by Federal, State or County funds or funds other than special assessments 'Generally paid using user charges General provisions for improvements. All infrastructure improvements are required to be extended through developments up to adjoining properties in order to serve future developments. This includes, but is not limited to streets, waterworks, sanitary and storm sewer, appurtenances and restoration, including improvements deemed necessary or desirable. Cul -de -sacs and Dead -end roadways. In general, cul -de -sacs and dead -end roadways are discouraged due to maintenance, access, system continuity and other issues. The City recognizes that these roadways will continue to be built in special circumstances. The City reserves the right to require payment of fees identified in existing rate schedules to account for future costs specific to this type of development. Removals or Abandonment of Improvements. Removals or abandonment of improvements generally includes destruction, removal or abandonment of any improvement and restoration of conditions at the site, whether surface or subsurface. b(a_ 0 • Irri rovernent -Pro eds , New construct° consfivct RehaB R ' fie. Alleys Yes Yes Yes Yes Parking Lots Yes Yes Yes Yes Sidewalks/Trails/Walkways Yes May No No Street amenities/Streetsca es Yes Yes Yes rda Street boulevard trees Yes may rva nre Streetli hts Yes May rve rVa Traffic control devices Yes May May Na Dikes & flood control works May r✓a rva rva Retaining and area walls May May rVa rVa Enhanced 911 markers May may rVa n1a Parks rec. facilities May May rVa rva Curb and gutter I Yes Yes Yes rVa Driveways & approaches Yes Yes Yes Ma Street construction Yes Yes Yes Yea Street maintenance No No No No Safety improvements Yes May May rVa Turn lanes Yes May May ma SAC / WAC' access cha es Yes rVa rVa n/e Sewer or Water Trunk Yes may No rVa Sewer or Water Main Yes May No n/a Sewer or Water Laterals Yes May No Na Sewer or Water Services Yes Yes May rVa Storm sewer trunk lines Yes Yes may rVa Storm sewer main Yes Yes May n/a Storm sewer laterals Yes Yes May rVa Storm sewer services Yes Yes Yes n/a Rights-of-way / Easements Yes Yes rVa n1a Public improvements, identified in the Statute, include but are not limited to: Alleys. Generally, all of the costs of new alleys are borne by property owners. One -half of the costs of constructing new pavement in an existing alley or repaving existing paved alleys will generally be assessed to property owners. The City, however, reserves the right to participate at any level in the construction or reconstruction of alleys or to assess costs using existing rate schedules. • I D0�) • Parking lots. Generally, one -half of the costs of constructing new parking lots or • repaving existing parking lots will be assessed to benefiting property owners. Typically, for city -owned parking lots, benefiting properties will be identified before the improvement project and the City will specify the area(s) to be assessed. Assessments will be determined using the weighted average of a property's valuation and its distance from the parking lot being improved. The City, however, reserves the right to participate at any level in the construction, reconstruction or rehabilitation of parking lots or assess costs using existing rate schedules. Sidewalks /trails /walkways. The costs of installing new sidewalks, trails and walkways, including, but not limited to, provision of links from new developments to the City's existing network, providing sidewalk on all major arterial and major collector routes, and in all commercial and high - density residential areas will generally be assessed to property owners. See attached Sidewalk/frail/Walkway policy. Street amenities and streetscapes. The costs of installing new street amenities and streetscapes will generally be assessed to property owners. The City, however, reserves the right to participate at any level in the construction of new street amenities and streetscapes or to assess costs using existing rate schedules. • Street boulevard trees. Street boulevard trees in new development areas are generally paid for with funds collected upon signing developers agreements. The cost of replacing, maintaining and caring for existing street boulevard trees is generally not assessed to property owners. The City, however, reserves the right to participate at any level in costs associated with street boulevard trees or to assess for costs allowable by the Statute or by using existing rate schedules. Streetlights. The entire cost of installing new or decorative streetlights will generally be assessed to benefiting property owners. Generally, replacement of standard streetlights will not be assessed. The City, however, reserves the right to participate at any level in the construction or replacement of streetlights or to assess costs using existing rate schedules. Traffic control devices, such as signs and signals, are generally included in the cost of street construction, reconstruction and rehabilitation, and are assessed accordingly. Traffic signals are generally assessed to adjacent properties based either on traffic generated from sites or to properties located on the legs of the intersection served by the traffic signal. • Dikes andflood control works. Costs for these facilities are generally not assessed. The City, however, reserves the right to participate at any level in the acquisition, construction or replacement of these facilities or to assess costs using existing rate schedules. r 1 U 8 • Retaining walls and area walls. Costs for these facilities are generally not • assessed. The City, however, reserves the right to participate at any level in the acquisition, construction or replacement of these facilities or to assess costs using existing rate schedules. Enhanced 911 markers. Costs for these facilities are generally not assessed. The City, however, reserves the right to participate at any level in the acquisition, construction or replacement of these facilities or to assess costs using existing rate schedules. • Parks, open spaces, playgrounds and recreational facilities. Costs for these facilities are generally not assessed. The City, however, reserves the right to participate at any level in the acquisition, construction or replacement of these facilities or to assess costs using existing rate schedules. Miscellaneous Public Improvements Pursuant to the Statute, the City intends to use special assessments, at their discretion, to finance all or portions of the cost of a wide variety of public improvements identified in the Statute. The City intends to maximize the benefit of funding from outside sources. Benefiting properties of projects funded in part or whole by outside sources will generally be assessed in a manner equitable to benefiting properties for projects that do not receive funding from outside sources. Funding from outside sources will generally be used to reduce City costs for public improvements and will generally not benefit properties directly, except when authorized by the City Council. Private Infrastructure In cases where approved developments were constructed with private roadways and infrastructure, the entire cost of maintaining and improving the private infrastructure will be the responsibility of the development. The City has the right to make necessary repairs to water, sewer, storm water, and other necessary utilities at the cost of the private development. The City intends to provide reasonable notice to private developments when repairs to the water, sewer, storm water, or other utility systems are necessary, however, the City retains the right to make necessary repairs or suspend service in the case of emergencies. Restoration costs for roadways and other infrastructure disturbed while making necessary repairs to utility systems is the responsibility of the development. • I°CG- Street Improvements • Pursuant to the Statute, the City intends to use special assessments, at their discretion, to finance all or portions of the cost of street improvements identified in the Statute. In all cases, the City reserves the right to combine components of street improvements into one or more calculation, assess for the entire cost of projects, participate at any level in the costs of construction, or to assess costs using existing rate schedules. Components of street improvements include, but are not limited to: Curb and gutter. Costs for curb and gutter are generally included in general street construction assessment calculations. The City may assess for curb and gutter separately, if it is determined to be necessary or desirable. Driveways and approaches. Typically, 65% of the cost for driveway reconstruction will be assessed to properties. Generally these assessments will be determined on a per unit basis if all driveways are, for the most part, the same size. Use of area calculations may be used if there are significant variations in the size of driveways. The City may assess all costs for replacing driveways having defective construction at the time of the improvement. New construction of streets. Generally, the entire cost of newly constructed streets, including all related components, appurtenances and restoration, will be assessed to benefiting properties. • Reconstruction of streets. Generally, the entire cost of reconstructed streets, including all components, appurtenances and restoration, will be assessed to benefiting properties. Rehabilitation ofstreets. Rehabilitation includes, but is not limited to reclamation, cold -in -place recycling, concrete pavement restoration, and mill and/or overlay. Generally, one -half of the cost of rehabilitation, including all components, appurtenances and restoration, will be assessed to benefiting properties. Maintenance ofstreets. Maintenance includes, but is not limited to seal coat, crack seal and patching. Maintenance of streets will not generally be assessed to abutting property owners. The City, however, reserves the right to assess for assess for street maintenance costs in accordance with the Statute. Roadway safety improvements and Turn Lanes. Generally, the entire cost of roadway safety improvements attributable to identifiable properties, including all components appurtenances and restoration, will be assessed to benefiting properties. • 10 Sanitary Sewer & Waterworks Improvements • Pursuant to the Statute, the City intends to use special assessments, at their discretion, to finance all or portions of the cost of sanitary sewer or waterworks improvements identified in the Statute. Generally, maintenance of sanitary sewer and waterworks are accounted for with Utility funding. Significant improvements to the system, however, may require assessments to benefiting properties. In all cases, the City reserves the right to combine components of sanitary sewer and waterworks improvements into one or more calculation, assess for the entire cost of projects, participate at any level in the costs of improvements, or to assess costs using existing rate schedules. Components of sanitary sewer and waterworks improvements include, but are not limited to: • Sanitary Sewer Access Charge (SAC). SAC charges are generally applied at the time building permits are applied for. The City, however, reserves the right to assess for SAC charges. • Water Access Charge (WAC). WAC charges are generally applied at the time building permits are applied for. The City, however, reserves the right to assess for WAC charges. • Sanitary sewer and waterworks, including o Sanitary sewer or water trunk lines. The City generally pays the costs to over- size trunk lines (over 8" diameter for low to mid - density residential areas or over 10" diameter for commercial/industriaUhigh- density residential areas). Remaining costs are generally assessed to benefiting properties. Costs for replacement of trunk improvements are generally included in monthly utility fees and are paid by the City. The City, however, reserves the right to assess for construction or reconstruction of trunk lines. o Sanitary sewer or water main. Costs for new standard size mains are generally assessed to benefiting properties. Costs for replacement of mains are generally included in monthly utility fees and are paid by the City. The City, however, reserves the right to assess for mains. o Sanitary sewer or water laterals. Costs for new laterals are generally assessed to benefiting properties. Costs for replacement of laterals are generally included in monthly utility fees and are paid by the City. The City, however, reserves the right to assess for lateral lines. o Sanitary sewer and water services. Costs for services, from the main in the street to the property line, are assessed to properties. Costs include all related appurtenances and restoration, including any work done outside the right -of -way. Assessments will generally be made on a per unit basis or be assessed using existing rate schedules. • 11 Storm Sewer Imnrovements • Pursuant to the Statute, the City intends to use financing from its Storm Water Utility, Drainage Districts, and special assessments to benefiting properties, at their discretion, to finance all or portions of the cost of storm sewer improvements identified in the Statute. Generally, maintenance of storm sewer works are accounted for with Storm Water Utility funding. Significant improvements to the system, however, may require assessments to benefiting properties. In all cases, the City reserves the right to combine components of storm sewer improvements into one or more calculation, assess for the entire cost of projects, participate at any level in the costs of improvements, or to assess costs using existing rate schedules. Components of storm sewer improvements include, but are not limited to: • Storm Sewer Access Charge. At this time, the City does not have storm sewer access charges. The City, however, reserves the right to establish these charges and charge these costs at the time building permits are applied for or to assess costs using existing rate schedules. ■ Storm sewer works, including o Storm sewer trunk lines Costs for construction of storm sewer trunk lines may be assessed to benefiting properties. Costs associated with regional ponds, trunk • storm sewer outlets and lines, or other infrastructure constructed by the City to benefit the property being developed may also be assessed to benefiting properties. Assessments will generally be based upon utilization of those improvements and include all related components, appurtenances and restoration. Assessments will generally be made on a per unit basis or be assessed using existing rate schedules. o Storm sewer main. All costs for construction of storm sewer mains will generally be assessed to benefiting properties. Costs include all related components, appurtenances and restoration. Assessments will generally be made on a per unit basis or be assessed using existing rate schedules. o Storm sewer laterals. All costs for construction of storm sewer laterals, including catch basins, storm sewer appurtenances, drainage tile, and sump pump connections, will generally be assessed to benefiting properties. Costs include all related components, appurtenances and restoration. Assessments will generally be made on a per unit basis or be assessed using existing rate schedules. o Storm sewer services. Costs for services, from the main or appropriate drainage line in the street to the property line, are assessed to properties. Costs include all related appurtenances and restoration, including any work done outside the right - of -way. Assessments will generally be made on a per unit basis or be assessed using existing rate schedules. n 12 Riebts -of -Way and Easements related to Construction • Pursuant to the Statute, the City intends to use special assessments, at their discretion, to finance all or portions of the cost of the acquisition of rights -of -way and easements related to public improvements identified in the Statute. Property owners who dedicate appropriate right -of -way or easements may be exempt from these assessments. If specific right -of -way and/or easement on any specific parcel(s) is/are deemed necessary to the improvement, the costs of acquiring the right -of -way and/or easement, including the cost of dedication of right -of -way or easement by any specific property owner may be assessed as part of the project costs. Rights -of -way and easements related to construction include but are not limited to: • Rights -of -Way • Construction easements • Temporary easements • Permanent easements, including • Drainage and utility easements • Other permanent easements • Property acquisitions necessary to the improvement project • Zonine Affects of Special Assessments The City may, at their discretion, use existing land uses and/or land -use zoning to determine appropriate special assessments. The City may apply a multiplier to land uses and/or land -use zoning, other than single or two- family residential. In general, the City intends to use the following existing land use categories and/or land -use zoning to determine special assessments: • Single and Two - Family Residential • Commercial, Industrial, Institutional and/or Multi - Family Residential • Tax Exempt Properties • City -owned Properties • 13 Deferment of Special Assessments • Property owners may defer special assessments using provisions of the Statute and City Policy, including: Statutory deferments. Under separate policy, the City, at its discretion, will generally defer special assessments on homestead property for property owners meeting income guidelines who are either 65 years of age or older or are retired by virtue of a permanent, total disability. Special assessments will be levied, but payment of special assessments will generally be deferred until the death of the owner (if the spouse is not otherwise eligible), the sale, transfer or subdivision of the property, loss of homestead status of the property, or upon a determination by the City Council that immediate or partial payment of the special assessment would pose no hardship. • Unimproved and agricultural land. See attached policy. ■ Tax forfeited property. See attached policy. In all cases of deferment, interest builds on the principal amount. If the assessment is activated after a period of ten years, the principal plus interest is compared to the same principal amount adjusted by the Engineering News Record (ENR) Cost Index, or other selected index, and the lower of the two costs is selected for activation. • 14 Assessment Methods • In order to use special assessments, it must be determined that the property has received a benefit from the improvement, the assessment amount does not exceed the benefit received, and the assessment is uniform in relation to similar classes of property within the area assessed. The City intends to use one of five commonly used methods to determine costs to be specially assessed: Front Footage & Adjusted Front Footage: Generally a measurement of the feet of frontage a lot has along an improvement project. The City may utilize adjusted front footage for lots that have irregular shapes. Generally, adjusted front footage is calculated by using the average of the front and rear lot lines, or by using the area of a lot divided by the average area of single and two - family lots. At the City's discretion, corner lots will generally be assessed for the short side of the lot, plus any footage on the long side over 132' in length. This credit only applies to improvements constructed on more than one side of a comer lot within a reasonable time period. The City reserves the right to assess all costs to a comer lot if it is determined that the lot receives additional benefit from an improvement to more than one side of the lot. The City reserves the right to develop an equitable adjusted front footage due to the large variance in the shape of lots and other conditions that may affect measurement of front footage. ■ Per Unit (or Per Lot): Per unit or per lot assessments will apply equally to all • parcels of land within an area. Under per unit/per lot assessments, parcels may be adjusted to residential lot equivalents by dividing the area of parcels by the average areas of single and two - family lots. Rates adjusted based on actual land use or land -use zoning may also apply. When lots in an affected area are generally of the same size and/or character, per unit/per lot assessments may be preferred. ■ Area: When it is determined to calculate special assessments using this method, the actual area of parcels lying within the project area shall be used. The City will generally deduct the area of various geographical features, including: public rights -of -way and designated natural waterways, lakes, rivers and wetlands. • Fixed Cost: Total project costs are divided by the total number of assessable units on a per lot or per unit basis, including assessable units based on the equivalent number of lots that could be created from any particular parcel. ■ Special Assessment Rates: The City Council may determine the value of various common components of public improvements and establish rates for special assessments. These rates shall be approved by resolution, be included in the City's rate schedule, and be reviewed and approved annually. The City reserves the right to assess using these rates, any other method described in this section, or combinations of them as may be necessary or desirable to meet the intent of the • Statute. 15 10 (�_) Project Cost Determination. Total project costs are determined by adding the assessable • costs and City costs. Assessable costs include that portion of public improvement costs that include engineering, constructing, restoring, financing and implementing the public improvement that are determined to be assessable by the City Council. City costs include that portion of public improvement costs that include engineering, constructing, restoring, financing and implementing the public improvement, other than those determined to be assessable by the City Council. Funding from sources outside the City. Use of Municipal State Aid funding and funding from other sources, including federal, state, local government or institutional grants will generally defray City costs and will not generally reduce the assessable cost, except in cases where the sum of funding sources exceeds the amount of City cost. Project Expenses. Improvement project expenses will generally be added to all construction costs to establish total project costs. Expenses generally include an applied standard rate of 24% of construction costs for engineering, project administration, fiscal, legal, and other expenses (see attached Improvement Project Expense Rates). Additional expenses may be added, including land acquisition, landscaping and other costs directly relating to construction of the improvement. The City reserves the right to adjust the rate if conditions on improvement projects warrant variation from standard rates. Property Appraisals. Under special circumstances, the City may, at its discretion, call for property appraisals to determine appropriate special assessments. This method will • generally not be used in the interest of timeliness and cost - effectiveness. This policy does not grant individual property owners the right to request property appraisals at the City's expense, nor does it guarantee that the City Council will use property appraisals in any circumstance to determine special assessments. Special Assessments on properties abutting roadways that are not owned by the City. To maximize funding from outside sources, properties abutting roadways and rights -of -way funded by sources other than the City will generally be assessed for any costs incurred to facilitate the improvement in a manner equitable to properties that would abut City- owned roadways and rights -of -way and/or for improvements not receiving funding from any outside source. Prepayment of Assessments. Property owners may prepay assessments, in accordance with the Statute. The City Council may, at its discretion, authorize partial prepayments of special assessments before assessments are certified to the County Auditor. Extensions of Assessments. While no extensions will generally be granted, the City may, at its discretion, may provide extensions of special assessments on a case -by -case basis. n LJ 16 X66) Calculation of Assessment Rolls. Generally, assessment rolls will generally run for 10 • years with equal principal payments. For projects with assessments of less than $3,000 principal, the City reserves the right to shorten the payment period. Interest rates will generally be calculated at I% over the true interest cost of the bond issued to finance the improvement, rounded up to the nearest hundredth of a percent. Re- Assessment Recognizing that various public improvements are perceived to have various life expectancies, the City has, at its discretion, adopted limitations on special assessments for an individual property or groups of properties based on the length of time that has expired since the last time the individual property or groups of properties has been specially assessed for a similar project. In general, the City will use service life expectancies for public improvements unless they are otherwise stated in the resolution ordering the improvement and preparation of plans. For projects of a similar nature, special assessments may be adjusted by multiplying the assessable cost for a property by the period of time that has expired since the last special assessment was made, divided by the improvement project's expected service life. Service lives for common projects include: • Street construction and reconstruction: 20 years • • Water mains, sanitary sewer, and storm sewer construction: 30 years ■ Sidewalks and street rehabilitation: 10 years Current Services Char¢es. Pursuant to the Statute and City Code, the City intends to use special assessments, at their discretion, to recover unpaid current services charges identified in the Statute, which include but are not limited to: • Sidewalk snow and ice removal charges • Weed elimination from streets and private property • Elimination of public health hazards from private property • Installation or repair of water service lines • Street sprinkling and dust treatment • Trimming and care of trees, and removal of unsound trees • Repair of sidewalks and alleys • Operation of streetlight systems • Operation and maintenance of fire protections systems • Abatement of nuisances • Removal of obstructions from sightlines at intersections • Sump pump recertification • ■ Delinquent utility bills 17 1-0 J Alternatives to Special Assessments • Pursuant to the Statute, the City may initiate alternative methods of financing certain public improvements identified in the Statute, which may include: • Special Service Districts • Housing Improvement Areas • Storm Sewer Improvement Districts • Sidewalk Improvement Districts Summary The purpose of this Special Assessment Policy is to establish as fair and equitable manner of recovering and distributing the cost of public improvements as is practicable. Disclaimer The City maintains the right to vary from this policy without notice at any time and for any reason determined to be in the best interest of principals set forth in the Statute and the Guide 0 L J 18 1 °(a) Special Assessments on Tax Delinquent/Tax Forfeited Property • This policy is intended to address issues surrounding special assessments on property where taxes are currently delinquent or on property that has been forfeited for failure to pay taxes. This policy is intended to be a guide for the benefit of the City Council, who will decide all questions regarding special assessments on these properties on a case -by -case basis. The City Council retains the right to deviate from this policy where necessary or beneficial to the City. • The City has made significant improvements in the City and has assessed some or all of the costs of these improvements to benefiting properties. • In some cases, the specially assessed cost of these improvements has not been recovered because the property owner has failed to pay real estate tax obligations and interest has continued to accumulate on the delinquent balances owed for special assessments. • While it would be in the public interest to promote the return of tax delinquent and tax forfeited property to the tax rolls, any such return must be weighed against the cost of the improvements. • The City Council has determined that a written policy would be helpful for guidance in reaching appropriate decisions on a case -by -case basis. The City Council will decide whether delinquent assessments are reinstated, reduced, or in some manner adjusted to facilitate the return of the property to the tax rolls. Based on the findings above, the City Council adopts the following policy related to special • assessments on tax delinquent and tax forfeited property. • Special assessments on a tax delinquent or tax forfeited property will be reinstated when transactions occur related to the tax delinquent or tax forfeited property. • The City Council may, at their discretion, abate or adjust special assessments on properties that are tax delinquent and tax forfeited property according to the following terms and conditions: • The original principal amount of the special assessment will be reinstated. Accrued interest may be adjusted by the Engineering News Record (ENR) Cost Index, or other selected index, with the lesser of the two costs selected for reinstatement. • The principal balance so determined will bear an interest rate of 7% and be payable in equal installments over a 5 -year period. • A written agreement will be entered into by all parities having interest in the property. The agreement will recite that the City is entitled to collect the special assessments, as provided by law or by foreclosure action, at the sole option of the City. ■ Proposed land use of the property will be a factor in whether the City Council abates special assessments, but any development of the property or change in use contemplated or agreed to by all parties must be completed within one year of the City Council's decision to abate special assessments. n U 19 c�)((� Deferral of Special Assessments on Undeveloped Property • Deferral of all or portions of special assessments on undeveloped property is allowed by City policy and State Statute. In all cases of deferral, interest builds on the principal amount, but no payment of special assessments is due until assessments are activated. When special assessments are activated during the period when the bond for the improvements is active, there will generally be no adjustment to the special assessment. When the bond for the improvement is no longer active, the City may, at its discretion, adjust accrued interest by the Engineering News Record (ENR) Cost Index, or other selected index, with the lesser of the two costs selected for reinstatement. • Agricultural land: Special assessments may be deferred until the land is developed or otherwise utilized for non - agricultural uses. • Laud outside City limits: Special assessments may be deferred until the land is annexed and /or developed. • Newly annexed platted land: Special assessments may be deferred, including: o Lots with certified septic systems: Special assessments, for water and sewer system improvements only, may be deferred. Documentation that the septic system is certified must be provided to the City within 30 days of the Assessment Hearing. Lots must also comply with existing zoning ordinances and all other applicable state and federal laws. Water and sewer services must be installed and • assessed at the same time. Assessments will be deferred until a structure is built, the lot is sold, subdivided, improved, until the septic system can no longer be certified, or for a maximum of ten years, whichever occurs first. Lots with working wells: Special assessments may be deferred until the water system is utilized, or for a maximum of ten years. Water and sewer services must be installed and assessed at the same time. Assessments will be deferred until a structure is built, the lot is sold, subdivided, improved, until the septic system can no longer be certified, or for a maximum of ten years, whichever occurs first o Lots with less than 250' of defined frontage: The City Council may, at its discretion, may adjust the minimum lot width or otherwise defer a portion of the assessment for a maximum of ten years. Lots with 250' or more of defined frontage: The City Council may, at its discretion, defer special assessments on that portion of platted lots with frontage of 250' or more that is determined to be a separate lot that may be developed. Assessments will be deferred on that portion of the lot determined to be a separate lot until the lot is sold, subdivided, or for a maximum of ten years. The City Council may, at its discretion, may adjust the minimum lot width or otherwise defer a portion of the assessment for a maximum of ten years. 20 �6O Sidewalks/Trails/Walkways Policy • Overview This City of Hutchinson promotes the installation and use of sidewalks, trails and walkways within the City as part of an effort to be a "Bicycle and Pedestrian Friendly" community. It is the intention of this effort to make it possible and safe for people using the option of walking or bicycling, either for transportation or recreation, to travel safely throughout the City and access schools, recreational facilities, businesses and other points of interest. Bicycle and Pedestrian Friendly City Initiative A Light Traffic Plan outlining routes and options for accessing different potential traffic generators within the City was developed in conjunction with a Minnesota Department of Transportation grant that involved the Finnish Road Administration (FinnRA), SK Consulting of Finland, and SRF Consulting of Minneapolis. The focus of the initiative was on 1) Funding; 2) Technology Transfer; 3) Planning and Project Development; 4) Detail Design; and 5) Traffic Safety, Education and Enforcement. The City provides bicycle safety training to the Hutchinson Public Schools and holds regularly scheduled `Bike and Blade Bonanzas" that promotes safety through training and bicycle maintenance. Through these efforts, thousands of bicycle safety helmets have been given away. The City has a Police Bicycle Patrol and supports the development of private and public sidewalks and trails. • Construction Repair and Maintenance Policies According to City Code, Chapter 7, it is the adjacent property owner's responsibility to construct, maintain and repair sidewalks adjacent to their properties. The City of Hutchinson has developed this policy in an effort toward consistent quality, and to provide for periodic review and maintenance of the City's sidewalk network. Under this policy, the City provides services, at its discretion, that may exceed those required by the City Code. This policy and any related action by the City Council or staff are not intended to reduce the responsibility of the adjacent property owner. The City reserves the right to enforce the requirements of the City Code. The City also reserves the right to deviate from this policy at any time and for any reason determined to be in the best interest of the City. Throughout this document, the term `sidewalk' includes sidewalks, trails, walkways and related appurtenances. 1. Priority Criteria: The City will make provisions for sidewalks on or adjacent to public roadways and in public rights -of -way in a systematic manner. Priority is given to routes meeting the following criteria: a) Routes connecting to the Luce Line Trail and major destinations (for example; major employers, downtown business district, business centers, schools, recreational facilities, and other commonly used public facilities). b) Major commercial areas where foot traffic is essential. c) Along major roadways with traffic volumes exceeding 1,000 vehicles per day. • d) Other areas indicated by the City. 21 D() 2. Periodic, On -going Inspections: Inspections of sidewalk conditions are conducted in order to • identify and initiate repair and maintenance projects. Inspections can be initiated upon receipt of information from outside sources or be scheduled inspections using City staff. The general policy for prioritizing repair and maintenance projects is as follows: a) Vertical deflections of over' /," identified during inspections have the highest priority for repairs. Insofar as is practical, considering budget and time constraints, the City shall have these identified locations repaired during the next repair project. b) Vertical deflections of between ` /z" and 1 /4" identified during periodic inspections are reviewed for inclusion in future repair projects. Locations with these vertical deflections that are not included in the next repair project will be considered for future projects and/or be included in the interim repair procedure. c) Vertical deflections of less than 1 /2 " will not generally be included in inspection reports unless the inspector determines that the location has a high potential for exceeding these criteria in the near future. d) Horizontal deflections, pitting and cracking will be analyzed on a case -by -case basis. e) Interim repair procedures, such as grinding, bituminous patching, etc., may be utilized in any situation to improve the safety of the sidewalk before being repaired. These interim repairs are prioritized based on Section I criteria and available resources, including staff time, technical ability, funding, etc. 3. Sidewalk Removal: Sidewalks in disrepair that do not connect to other significant sidewalks, and are not on routes identified by the City, may be removed and the right -of -way restored to turf. • 4. Installation/Significant Repair Cost: The costs of sidewalk installations and significant repairs within rights -of -way will generally be assigned in the following manner: a) The new construction of sidewalks on routes identified and approved by the City and listed in the Capital Improvement Plan will generally be completed at the City's cost, although the City reserves the right to have the costs assessed to adjacent property owners. b) The entire cost of sidewalk installation, adjacent to properties requesting them, or required by ordinance or agreement to have them, is generally assessed to adjacent property owners. Assessments may be based on adjusted front footage, or in a manner prescribed by the City Council, or by a subdivision agreement. c) The cost of significant repairs or reconstruction is generally the adjacent property owner's responsibility. Significant repairs and reconstruction are generally assessed to adjacent property owners. Assessments are based on adjusted front footage, or in a manner otherwise prescribed by the City Council, or by a subdivision agreement. The City may agree, at its discretion, to pay for any portion of the repair or reconstruction cost. • 22 D(o 5. Removal, Maintenance and Minor Repair Cost: The costs of sidewalk removal, maintenance, • and minor repairs within rights -of -way will generally be paid for in the following manner: a) Maintenance and minor repairs, in general, will be completed at the cost of the City, although the adjacent property owner remains primarily responsible for this work. Maintenance and minor repairs include the intermittent replacement or repair of single panels or other improvements in which the cost of assessing is determined to be too high. This work is done at the discretion of the City, which maintains the right to assess for repairs. b) Maintenance and minor repairs done for safety reasons, which exceed 33% of the sidewalk frontage area of an adjacent property, may be billed to the property owner upon completion of the repair. Unpaid bills will be assessed to the property owner. c) Adjacent property owners may coordinate replacement of driveway panels or access ways adjacent to the maintenance project. Replacements of driveway panels or access ways will be billed to property owners and unpaid bills will he assessed to the property owner. d) The cost of removing sidewalk, rough grading the area, and providing topsoil and seed is generally an expense of the City. The cost of completing the restoration in disturbed areas, including turf, is generally the property owner's. e) If the City determines that the activities of or negligence of adjacent property owners damaged sidewalks, property owners may complete repairs meeting City specifications at their own expense, if they are inspected and approved by City staff. Otherwise, the entire cost of restoring the sidewalk will be billed to the adjacent property owner. Any unpaid bills will be assessed to the property owner. • 6. Snow Removal: It is the responsibility of the adjacent property owner, using due diligence, to keep sidewalks clear for pedestrian travel. There are certain sidewalks, identified by the City, which may receive some snow removal services from City staff and equipment. These services are provided at the City's discretion and do not relieve property owners of their responsibilities. Snow removing on sidewalls 24 hours after the snow has stopped falling is a public nuisance. Property owners will be notified that their property is in violation. Beginning 12 hours after notification, City crews may clan sidewalks and bill adjacent property owners for that service. Unpaid bills will be certified to the following year's property taxes. 7. Adjacent Property Owner Obligation: It is the responsibility of the adjacent property owner to notify the Public Works department when a sidewalk that is potentially in need of repair is observed. As noted in Section 7.31 of the City Code, "It is the primary responsibility of the owner of property upon which there is abutting sidewalk to keep and maintain such sidewalk in safe and serviceable condition." • 23 () co� Rates for typical residential street improvement projects: • Total Street Reconstruction: $80.00 /adusted front foot Total street reconstruction generally includes reconstructing all base, sub - grade, paving, curb & gutter, and storm drainage improvements, including installation of sump water services. Additional assessments will generally be made for new utility services (sanitary sewer, storm sewer, or water) installed to serve properties. Partial Street Reconstruction: $55.00 /adjusted front foot Partial street reconstruction generally includes limited improvements to base and sub - grade. Generally, partial reconstructions include paving, curb & gutter, and storm drainage improvements, including installation of sump water services. Additional assessments will be made for utility services (sanitary sewer, storm sewer, or water) installed to serve properties. Installations of utility services are generally not included in partial street reconstructions, except for limited areas (generally no more than 25 %) requiring those installations. Street Rehabilitation: $42.50 /adjusted front foot Street rehabilitation generally includes full -depth reclamation, limited improvements to • base and sub - graded, paving, limited replacement of sidewalk and curb & gutter (generally no more than 25 %), and storm drainage improvements, including installation of sump water services. Typically in street rehabilitation projects, sanitary sewer and water services are left in place. In some cases, storm sewer services will be installed to serve properties. In cases where storm sewer services are installed, additional assessments will be made for those services. Mill/Overlay: $20.00 /adjusted front foot Mill/overlay projects generally include milling off a portion of the bituminous surface and repaving. Manholes, valves and other structures at the surface may be repaired and adjusted to meet the new surface. In some cases, minor repairs will be made to base, sub - grade, sidewalk, and curb & gutter (generally to more than 10 %) in specific areas prior to repaving. Minor repairs may be made to utilities, and are generally not assessed. These rates are based on the costs of typical improvements on local streets (other than total reconstruction). These rates are based on typical improvement procedures, property benefits, construction costs, project expenses, and inflation. Rates are reviewed and approved by the City Council and may be modified at any time if additional or different improvement procedures are deemed necessary for specific projects. Cl 24 1 a &�) • n LJ • Rates for typical residential utility improvement projects: Water services — Existing $2,950 /unit Replace existing water service from main to property line. Costs include restoration of street surface. Water services — New Tap $1,400 /unit Install a new service by tapping an existing PVC water main and extending the service to the property line. Costs do not include restoration of street surface, if required. There may be additions to this rate, if ductile iron water main is being tapped. Water services — New Main $1,150 /unit Install a new water service from a new main to property line. Restoration costs included in street improvement special assessment rates. Sewer services — Existing $2,950 1unit Replace existing sewer service from main to property line. Costs include restoration of street surface. Sewer services — New Tap $2,100 /unit Install a new service by tapping an existing sewer main and extending the service to the property line. Costs do not include restoration of street surface, if required. Sewer services — New Main $1,150 /unit Install a new sewer service from a new main to property line. Restoration costs included in street improvement special assessment rates. These rates are based on the costs of typical improvements on local streets (other than total reconstruction). These rates are based on typical improvement procedures, property benefits, construction costs, project expenses, and inflation. Rates are reviewed and approved by the City Council and may be modified at any time if additional or different improvement procedures are deemed necessary for specific projects. 25 ) a CQ� • City of Hutchinson Improvement Project Expense Rates item 2008 I Background ENGINEERING Project Administration Preliminary 3% ° 1.0% Review of site and grading plans and/or plans and Design review" 1.0% 3.0% specifications prepared by developer, or pre- Contract 2.0% Assessment roll preparation, MN Statute 429 review, engineering of reconstruction plans. Final design 6.0% Cost to complete plans and specifications in-house- Comprehensive 15% GIs system mapping and database updates, planning' ° /0 Includes on -site and off -slte services. Private Construction review 1.5% 6.0% developers must provide survey control and may and staking Funding for HRA program supporting housing needs complete this work with a consultant approved by the within the community. The HRA Board may waive this Housing needs fund* City and pay these costs dir ectly. Project Administration Preliminary 3% ° 1.0% Plan review and development, subdivision and/or develop 1.0% Title review, development /subdivision agreement development and review bond/fiscal review. development agreements, etc. Contract 2.0% Assessment roll preparation, MN Statute 429 review, administration Financed Rate New Development and contract administration and review. Comprehensive 1.5/0 ° GIs system mapping and database updates, planning' ° /0 comprehensive infrastructure planning. Test/ services 1.5% For testing services completed by City. Funding for HRA program supporting housing needs within the community. The HRA Board may waive this Housing needs fund* 1.0% fee on projects meeting HRA Housing goals. Not applied to reconstruction or trunk utility Improvements. Finance/Legal/Fiscal Financial serv ices 3% 1.0% Bond administration, pro assessment input. Legal services' 1.0% Title review, development /subdivision agreement development and review bond/fiscal review. Fiscal 1.0% Capitalized interest. The City retains the right to engage a consultant to complete a portion of the Engineering and Project Administration. The developer shall have the preliminary and final plat approved prior to work commencing on final design. Financial assurance/boding may be required for improvement being completed by private developers. The developer shall meet all design standards and financial surety requirements of the City. 0 26 1 () () Redevelopment/Newly ° 24'0% Redevelopment and newly annexed (does not include Annexed "Housing Needs Fund" Standard City Rate Minimum Rate 7.0% New development. The City retains the right to Financed Rate New Development 25.0% approve which projects will be completed utilizing municipal financing based on guidelines approved by the City Council. The City retains the right to engage a consultant to complete a portion of the Engineering and Project Administration. The developer shall have the preliminary and final plat approved prior to work commencing on final design. Financial assurance/boding may be required for improvement being completed by private developers. The developer shall meet all design standards and financial surety requirements of the City. 0 26 1 () () Minimum rate, including all items noted with asterisk ('). Projects utilizing more City services will be Developer Designed & Minimum Rate 7.0% charged based on rates noted above. Hutchinson Financed Rate HRA may waive the 1% Housing Needs Fund fee based on low- income housing being included in the p roject. The City retains the right to engage a consultant to complete a portion of the Engineering and Project Administration. The developer shall have the preliminary and final plat approved prior to work commencing on final design. Financial assurance/boding may be required for improvement being completed by private developers. The developer shall meet all design standards and financial surety requirements of the City. 0 26 1 () () 0 r NO I TO: Mayor and Coucil FROM: Tom HIoss, Director of Information Technology RE: Year End Report DATE: 3/19/2008 Included in the packet is the 2007 year end report for the Information Technology — GIS department. Rather than taking the time to review the entire document at the Council meeting I would like to address any specific questions you may have. With the remaining time I would like to present a quick demonstration of what we are doing with document imaging and GIS to create efficiencies. • • ot.0 Information Technology — GIS 2007 Year End Report 2007Accomplishments In 2007 we made some significant changes to our network. We are now off of all leased T -1 circuits used to connect City buildings to City owned fiber. Within the City we moved the final of seven T -1 connections to City owned fiber for an annual savings of $9738. We also moved from a leased T -1 to LOGIS to a contract with the Office of Enterprise Technologies (OET) for a yearly savings of approximately $11,000. Along with those savings we now lease a line from the HATS building to the Technical College for an annual income of $6000. In the spring of 2007 we reviewed the Cell phone contracts with Midwest Wireless before they were bought out by Alltel. The service change to Sprint gives us an annual savings of approximately $3300. Following are some examples of the projects we worked on in 2007 to illustrate the wide range of items we support. Panasonic Tough Book in Squad Car — We installed a Tough Book to increase efficiency and officer safety. The Tough books are built to take extreme temperature swings so they can stay in the car. Currently the W tandard laptops are removed from the vehicles at the end of every shift. By leaving the laptop on the ehicle the shift change is more efficient and the computer is less likely to be damaged. The Tough Books also have a touch screen which improves officer safety. Digital Squad Car Cameras — The cameras in the Squad cars have been updated to digital systems that transfer the video through memory sticks. We now have a dedicated PC in the basement that acts as a video server for all squad car cameras. New Command Post Setup - Setup the new command post with a wireless network system to communicate with the City Network. With the network functioning we will expand the capabilities in 2008. New Water Plant — Removed old network equipment and setup network in the new plant. There is a new fiber cable that connects the Water Plant to City Center which allowed us to drop the lease with Hutchinson Telephone for a T -1 connection. New construction at Waste Water - Along with the control systems at Waste Water, we also have the HVAC system running on our network. New office construction at HATS — Reconfigured the office area for additional workstations. We moved the City Forester from the Park Garage to the HATS building. • )()6-b) Fiber to HATS - Updated the fiber to HATS from a multimode fiber to a single mode fiber. This upgrade reduces the maintenance and equipment costs along with providing us the ability to lease fiber to other entities. Tree Inventory Program — The City Forester and the Parks Resource Coordinator are using a new tree inventory program based on the GIS system. Field Laptops — Currently we have one laptop deployed in the field at the Street Department and three at Hutchinson Utilities Generator Plant 2 — Expanded our fiber network to Plant 2 and added a second Chemical control system that can be monitored by our vendor through a secure network connection. Gas Pipeline — Finished tweaking the datasets for the gas pipeline and added a software package to aid in pipe classification areas. Airport — Updated wireless network equipment at the airport terminal. 2008 Goals In 2008 we will work on refuting the help desk system to give us better data for year end reporting. The system is setup for a call in style help desk. The way we do business does not allow for that. We have modified the database to allow time entry to more accurately track our labor hours. In 2007 we completed 0 2640 help desk requests. We will also be revising the hardware rotation schedule to increase the time between desktop hard upgrades. The current hardware is more stable than what we were experiencing several years ago which should also save us money in the long ran. Examples of projects for 2008 OPS Upgrade — In 2008 we will be upgrading OPS to the new version which will require an additional server and a network design to connect the Water SCADA system together with the Waste Water SCADA system. These SCADA systems will need to talk with our OPS system but yet maintain a separation to our network in order to allow vendor access while maintaining network security. Exchange server upgrade — Existing server is approximately 7 years old. Main server upgrade — Existing server is scheduled for replacement every two years. Currently this server is on year three. City Works Implementation - City Works is a program that will utilize our existing GIS system for a maintenance and inventory application. The new system will require an additional server along with a conversion of our GIS data to a new form of datasets. The new system will be a central management tool for the Gas Pipeline which we will then expand to the Gas distribution system and then the Electrical System. 11 ) -boO Building Video Security — Buildings with video monitoring equipment will be configured to run on the • network so they can be viewed from Police Dispatch. Police Digital Recorder — The existing recorder has some stability problems that we have fought with for years. The new system will back itself up to an external hard drive which will make it almost completely automated. The recorded information will now be available at the desktop of designated Police personnel. Ticket Writer — We will be testing Ticket Writer for the Police Patrol Cars. Ticket writer consists of networked software and printers in the cars to enter, print and electronically file traffic tickets. RUC fiber connection — Currently Hutchinson Utilities main office building is connected to City Center trough and old 4 strand fiber line. We will be upgrading that line to a 24 -36 strand fiber that will run in a conduit on Second Avenue. Web Page Updates — We will be rewriting all the City managed web sites in 2008. We will be updating the pages to a new look and changing the product used for programming. Our existing program will not be supported in 2009. GIS & Laserfiche — In 2008 we will be using Laserfiche to expand the data available at the desktop. By the end of 2008 the goal is to have all water service ties, plats and surveys available at the desktop. LaserFche — In 2008 we will be expanding the document imaging systems to Engineering, as outlined above and to Human Resources. We will be scanning and filing HR data for better accessibility and to dispose of paper copies when possible. Electric Distribution — We will be working with the Electric division at Hutchinson Utilities to collect and construct a GIS project for the electrical system. New Printer Copiers - In 2008 we will be dropping two more leased copiers, one at the Police Department and one at Waste Water. We will replace the lease with copiers that we purchase. To calculate the payback we estimated and average use over the next 5 years based on existing use plus an average yearly increase. The payback is approximately 48 months with the life expectancy of the unit at a minimum of 84 months. Ii oc�