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cp05-24-2011 cNo Workshop Scheduled for May 24, 2011 AGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, MAY 24, 2011 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Hunter's Ridge Community Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF MAY 10, 2011 Action — Motion to approve as presented 6. CONSENT AGENDA (Purpose: onlyfor items requiring,C fl approval by external entities that would otherwise e een a egate to t e City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES RESOLUTION NO. 13885 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES 2. ORDINANCE NO. 11 -0669 -CONSIDERATION FOR APPROVAL OF FRANCHISE AGREEMENT RENEWAL WITH SQNORA'S MEXICAN RESTAURANT FOR THE PURPOSE OF PERMITTING A SIDEWALK CAFE (WAIVE FIRST READING AND SET PUBLIC HEARING AND SECOND READING AND ADOPTION OF ORDINANCE NO. 11 -0669 FOR JUNE 14, 2011) (b) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT TO ALLOW CONSTRUCTION OF A HOUSE WITH ZERO SETBACK TO THE FRONT AND REAR PROPERTY LINES WITH 16 INCH GABLE OVERHANGS INTO COMMONS AREA AND TO BUILD AN ACCESSIBLE EGRESS STAIR OFF THE DECK INTO THE SIDE SETBACK AT 1189 OAKWOOD COURT NW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13884) (c) CONSIDERATION FOR APPROVAL OF CITY AIRPORT FIXED BASE OPERATOR AGREEMENT (d) CONSIDERATION FOR APPROVAL OF ISSUING PARADE PERMIT TO VFW POST 906 ON MAY 30, 2011 (e) CONSIDERATION FOR APPROVAL OF ISSUING CARNIVAL PERMIT TO J &K AMUSEMINTS FROM JUNE 3 — JUNE 5, 2011, AT THE HUTCHINSON MALL CITY COUNCIL AGENDA —MAY 24, 2011 (� CONSIDERATION FOR APPROVAL OF ISSUING PUBLIC DANCE PERMIT TO AMERICAN LEGION POST 96 ON JUNE 18, 2011 (g) CONSIDERATION FOR APPROVAL OF CLOSING I ST AVENUE SE BETWEEN MAIN STREET AND HASSANT STREET ON JUNE 10, 2011, FOR DAIRY DAYS CELEBRATION (h) CONSIDERATION FOR APPROVAL OF SEVENTH -DAY ADVENTISTS 5K RUN ON JUNE 12, 2011 (i) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO VOITURE LOCALE NO. 414 ON NOVEMBER 22, 2011, AT AMERICAN LEGION POST 96 0) CLA IMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to approve consent agenda 7. PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION OF COMMENTS AND INPUT ON THE STORM WATER POLLUTION PREVENTION PLAN Action — Motion to reject — Motion to approve 8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise po icy. ways oo ing toward thejuiure, not monitoring past) (a) PRESENTATION OF HUTCHINSON HEALTH CARE 2010 ANNUAL REPORT — DR. STEVEN MULDER No action. a 10. NEW BUSINESS (a) CLOSED SESSION PURSUANT TO MINNESOTA STATUTE 1 8.05, SUBD. 3(C) TO DISCUSS PROPERTY ACQUISITION OF PROPERTY LOCATED AT 105 2 AVENUE SE Action — Motion to reject — Motion to approve 11. GOVERNANCE ( Purpose: toassesspastorganizationalperformance, developpol icythatguides the organizationand ounci an manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORTS FOR MARCH 2011 AND APRIL 2011 (b) PLANNING COMMISSION MINUTES FROM APRIL 19, 2011 (c) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM APRIL 19, 2011 12. MISCELLANEOUS 13. ADJOURN MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, MAY 10, 2011 1. CALL TO ORDER — 5:30 P.M. ayor Steve Cook called the meeting to order. Members present were Mary Christensen, Eric Yost, Chad Czmowski and Bill Arndt. Others present were Jeremy Carter, City Administrator, Marc Sebora, City Attorney, and Kent Exner, City Engineer. 2. INVOCATION — Rev. Howard Anderson, Hunter's Ridge Community Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE PROCLAMATION OF MAY 20, 2011, AS THE OFFICIAL ARBOR DAY 4. PUBLIC COMMENTS John Dietel, 185 Arch Street SE, resented before the Council. Mr. Dietel requested that the City Council consider amending the animal ordnance to allow chickens within city limits. Mr. Dietel distributed material regarding backyard farming that is occurring in cities across the United States. Mr. Dietel noted that he has had chickens on his yard for years and wasn t aware of such an ordinance. Before he acquired the chickens, he sought permission from his neighbors. Mayor Cook noted that he had researched this issue and he did note that other communities are allowing farm animals within city limits. However, Mayor Cook noted concerns of police enforcement due to staffing levels. He also noted that if chickens specifically are allowed, he raised concerns of other requests that may come forward. Mr. Dietel spoke of the project at his home which includes about 40 chickens. Council Member Christensen voiced that she believes chickens and other farm animals belong in a rural setting. Motion by Arndt, second by Christensen, to take this matter under advisement and review the ordinance. Council Member Czmowski noted that he believes an ordinance change could only be considered if a fencing requirement was part of the amendment. Mayor Cook also noted that there are regulations to raising chickens and that would have to be considered as part of enforcement. Chief Hatten noted concerns with enforcing the ordinance now that a violation is known and the Council is considering an ordinance amendment. Chief Hatten suggested if the Council decides to leave the ordinance as is, to allow Mr. Dietel to keep the flock until he is ready to butcher them. Mr. Dietel requested that he be allowed to keep his 14 laying hens. All Council Members voted nay. Motion failed unanimously. If a time table is established for Mr. Dietel, the police department would utilize the same time table for other individuals that they find in violation this Spring/Summer. Motion by Czmowski, second by Cook, to have all chickens removed from City of Hutchinson residences by August 1, 2011. Motion carried unanimously. 5. MINUTES (a) REGULAR MEETING OF APRIL 26, 2011 5ta� CITY COUNCIL MINUTES -MAY 10, 2011 Motion by Czmowski, second by Yost, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (Purpose. onlyfor items requirin Council approval by external entities that would otherwise 75 been a egate to t e City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 11 -0668 -AN ORDINANCE AMENDING ZONING ORDINANCE CHAPTER 154; SECTION 154.004, 154.064, 154.067, 154.068, 155.03 AND 155.05 REGARDING SEXUALLY ORIENTED BUSINESSES (SECOND READING AND ADOPTION) (b) CONSIDERATION FOR APPROVAL OF ITEMS FOR SCHOOL ROAD NW IMPROVEMENTS PROJECT (LETTING NO. 1, PROJECT NO. 11 -01) (c) CONSIDERATION FOR APPROVAL OF ITEMS FOR INDUSTRIAL BOULEVARD SE RECONSTRUCTION AND ENERGY PARK BITUMINOUS WEAR COURSE PLACEMENT PROJECTS (LETTING NO. 2, PROJECT NO. 11 -02 & 11 -03) (d) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2011 PAVEMENT MANAGEMENT PROGRAM PHASE 2 PROJECT (LETTING NO. 4, PROJECT NO. 11 -05) (e) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 6(d) will be considered with Item 10(b). Motion by Czmowski, second by Arndt, to approve consent agenda with the exception of Item 6(d). Motion carried unanimously. 7. PUBLIC HEARINGS - 6:00 P.M. (a) ASSESSMENT HEARING AND PROJECT AWARD FOR 2011 PAVEMENT MANAGEMENT PROGRAM PHASE 1 PROJECT (LETTING NO. 3, PROJECT NO. 11 -04) Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that this project is for improvements on Kouwe, James and Water Streets north of Hwy 7 West. The low bid came to from Wm. Mueller & Sons in the amount of $427,513.50. A resident from 433 James Street asked what the project plans are for James Street. Mr. Exner explained that storm sewer will be replaced and it will be regraded and paved. The resident noted concerns with the current width of the street and asked if the street was going to be made wider. Mr. Exner noted no plans for widening as the current dimensions are standard. Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Czmowski, to approve project award for 2011 pavement management program phase 1. Motion carried unanimously. necessary (Purpose: to provide Council with information not monitoring past) (a) REVIEW OF POLICY ADDRESSING WATER SERVICE REPAIRS John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that in January 5�&) CITY COUNCIL MINUTES —MAY 10, 2011 2010, the City adopted a policy whereby property owners pay a $.50 "insurance" fee on their water bill that covers issues from the curb stop to the distribution main. The first $4000 of repair is covered by this policy. Mr. Olson spoke of a business that is soliciting insurance coverage to residents from the house to the curb stop. 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF UPDATED JOINT POWERS AGREEMENT BETWEEN THE CITY OF HUTCHINSON AND ISD #423 FOR A PARK, RECREATION, COMMUNITY EDUCATION PROGRAM Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted that this partnership has been in existence since 1993. This agreement is essentially the same as when it was first established other than revisions to reflect current practice of the rogram, such as the change in the number of board members, standing committees, and location of the office of the director. Mr. Sebora also asked that it be clarified that the ex- officio members be indicated as non - voting members. Motion by Czmowski, second by Christensen, to approve updated joint powers agreement with ISD #423 for a Park, Recreation, Community Education program with the additional "non- voting" language of ex- officio members. Motion carried unanimously. (b) DISCUSSION OF IMPACTS OF FROST DAMAGES TO CITY STREETS AND CONSIDERATION FOR APPROVAL OF USING FUND BALANCE FOR STREET REPAIRS John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that streets had been identified for various types of patching for a total of approximately $92,000. Mr. Olson noted that when more closely examined, various streets had much frost damage. Three streets have been identified as damaged beyond the scope of typical repair strategy. These street sections include Bradford Street, Jackson Street and Roberts Road. The estimate costs for these three streets is estimated at $427,000. The estimated frost boil repair costs for the remaining areas are estimated at $124,000 with a total estimated cost of $551,000. Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the roadways identified are actually going to be reconstructed. The roads will be reclaimed or removed and then resurfaced. Assessments will be part of this project and a hearing will be held on June 14, 2011. Before the Council to consider is Resolution No. 13874 authorizing use of not more than $100,000 of fund balance to use towards the 2011 Neighborhood Street Maintenance Program. A budget amendment will:be required within the Street Department to account for the additional funding source and appropriations. Motion by Arndt, second by Czmowski, to approve Resolution No. 13874 and Item 6(b) and move forward with frost boil repairs. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF SETTING PUBLIC ME t TING FOR MAY 20, 2011, AT 5:00 P.M. FOR THE SOUTHWEST INITIATIVE FOUNDATION'S 25 ANNIVERSARY BANQUET AT JACKPOT JUNCTION Motion by Czmowski, second by Christensen, topprove setting public meeting for May 20, 2011, at 5:00 p.m. for the Southwest Initiative Foundation's 25 Anniversary banquet at Jackpot Junction. Motion carried unanimously. (d) CLOSED SESSION PURSUANT TO MINNESOTA STATUTE 1 8.05, SUBD. 3(C) TO DISCUSS PROPERTY ACQUISITION OF PROPERTY LOCATED AT 105 2 AVENUE SE CITY COUNCIL MINUTES —MAY 10, 2011 Motion by Arndt, second by Yost, to convene into closed session at 7:05 p.m. Motion carved unanimously. Motion by Arndt, second by Yost, to reconvene into open session at 8:06 p.m. Motion carried unanimously. 11. GOVERNANCE (Purpose: to assesspast organizational performance, develop policy that guides the organization and ounci�e the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM FEBRUARY 1; MARCH l; APRIL 7; AND MAY 3, 2011 (b) FIRE DEPARTMENT MONTHLY REPORT FROM APRIL 2011 (c) LIQUOR HUTCH QUARTERLY REPORT FOR JANUARY — MARCH 2011 12. MISCELLANEOUS Mary Christensen — Council Member Christensen noted the vast amount of comments she has received on the proposed River Horse project. Bill Arndt — Council Member Arndt requested that the Council set the Memorial Day ceremony as a public meeting so all council member may attend. Motion by Arndt, second by Cook, to set Memorial Day Service at Veterans' Park as public meeting. Motion carried unanimously. Eric Yost — Council Member Yost spoke of River Horse as well. Jeremy Carter — Mr. Carter noted Resolution No. 13883 was distributed this evening to authorize to sell at auction surplus police department property at state auction on May 21, 2011. Motion by Arndt, second by Yost, to approve Resolution No. 13883. Motion carried unanimously. Mr. Carter also noted that the citizens survey prenotification have been mailed out and the survey itself will be mailed out shortly. Kent Exner — Mr. Exner noted that some construction work will be completed on Adams Street that was not completed last year. Mr. Exner also mentioned that next week is National Public Works Week and he recognized city staff for their efforts. Mayor Cook — Mayor Cook noted that a committee hearing was held last week on the local sales tax issue. Hutchinson's issue will be included in the final bill. Mayor Cook also mentioned the mural that is proposed to be placed on Main Street. Marc Sebora noted that staff is following up with the artist and project coordinator. 13. ADJOURN Motion by Arndt, second by Cook, to adjourn at 8:07 p.m. Motion carried unanimously. 4 s�� rd May 16, 2011 City of Hutchinson Public Works Department Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234 -4219 Fax(320)234-6971 To: Honorable Mayor and City Council members From: John Olson, Public Works Manager CC: Kent Exner, DPW /City Engineer Subject: Resolution for Traffic Control Devices Enclosed for your consideration is a resolution establishing certain traffic control devices, namely: Handicapped Parking "Sundays Only - 8:00 a.m. to Noon" to be erected on the north side of 4` Ave SW between Franklin St SW and the alley located between Franklin St SW and Main St S. This resolution relates to a request made by the abutting property owner: First Congregational United Church of Christ, 31 -4th Ave SW, Hutchinson, MN. Installation of these signs will be helpful in managing traffic flows during typical Sunday morning activities at the church. The property owner also requested that parking limitations be effective only on Sunday mornings. A similar request was made by Bethlehem United Methodist Church, 655 Miller Ave SW, Hutchinson. There have been no problems reported regarding Sunday morning handicapped parking restrictions at their site. I would expect this to be the case at the First Congregational United Church of Christ location. Because this was a request of the property owner beyond that typically provided by the City, the property owner will be billed at a rate of $35 per square foot of signs installed, with a final billing of approximately $315. I recommend approval of this traffic control resolution. (, (a) RESOLUTION NO. 13885 RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES WHEREAS, the Police Chief, City Engineer and Public Works Manager agree that the following areas have traffic control concerns which warrant traffic control devices, and; WHEREAS, the Hutchinson City Council has the authority to establish locates as points where traffic control devices shall be erected, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: That the Council hereby establishes the following traffic control devices shall be installed and enforced: 1. Parking Restriction — Handicapped Parking Restriction (on the north side of 0 Ave SW between Franklin St SW and the alley located between Franklin St SW and Main St S) a. "HANDICAPPED PARKING — SUNDAYS ONLY — 8:00 am to Noon" on north side of 4 Ave SW. Four stalls west of the alley located between Franklin St SW and Main St S. This installation was requested by the property owner, who will reimburse the City at a rate of $35 per square foot of sign installed.. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: Adopted by the City Council this 24th day of May, 2011. Steven Cook Mayor ATTEST: Jeremy Carter City Administrator cc tj Ordinance No. I 1 -0669 Publication No. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING LAS PALMAS MEXICAN RESTAURANT THE RIGHT TO PROVIDE A SIDEWALK CAFE OVER AND ABOVE CERTAIN PROPERTY LOCATED IN PUBLIC RIGHT OF WAY ON 2 " AVENUE. THE CITY OF HUTCHINSON ORDAINS: Section 1. The City of Hutchinson, in the County of McLeod, State of Minnesota, hereafter referred to as Grantor, hereby grants to Las Palmas Mexican Restaurant, hereafter referred to as Grantee, a franchise to operate and maintain a Sidewalk Cafd as described in the legal description and in Exhibit A, for the purpose of food sales on certain property owned by the City of Hutchinson, described as follows: The right of way abutting the south 2/3 of Lot 5, South Half of the City of Hutchinson Section 2. The franchise is granted for a term of ( years commencing on the date of the acceptance of the franchise. Grantee shall file a written acceptance of the franchise with the City Administrator of the City of Hutchinson within ten (10) days after the effective date of this ordinance. The franchise shall become effective only when the acceptance has been filed and evidence of general comprehensive and liability insurance provided for in this grant of franchise has been filed and approved. In addition, an annual fee of $ per year must be paid. Section 3. Grantor reserves the right to enforce reasonable regulations concerning construction, operation and maintenance of facilities located along, over and under the public premises before mentioned and the placement of such facilities. Section 4. Grantee shall indemnify and defend Grantor, its boards, commissions, officers, agents and employees, in any and all other public agencies, and their members, officers, agents and employees, against any and all liabilities for injury to or death of any person or any damage to any property caused by Grantee, its officers, agents or employees in the construction, operation or maintenance of its property, or arising out of the exercise of any right or privilege under the franchise. Section 5. At all times during the term of the franchise, Grantee will, at its own expense, maintain in force general comprehensive liability insurance, with an insurance company approved by the City of Hutchinson, with limits approved by the policies being for the protection of Grantor and its officers, agents and employees, against liability for loss or damage for bodily injury, death or property damage occasioned by the activities of the Grantee under the franchise. Section 6. Grantee shall not have the right to assign the franchise otherwise transfer it in any manner whatsoever or sell, lease, license, mortgage, or permit others to use transfer in any manner whatsoever any interest in all or any part of its facilities that are installed or operated under this grant, except on prior written approval by ordinance of the City Council of the City of Hutchinson. Section 7. In the event that Sonora's Mexican Restaurant should cease to exist or should fail to use the franchise for one calendar year, this franchise shall be deemed null and void and shall revert to the City of Hutchinson without any action on the part of the City of Hutchinson whatsoever. Section S. This ordinance shall take effect from and after passage and publication, subject to the provision above requiring written acceptance by Sonora's Mexican Restaurant. Adopted by the City Council, this 14" day of June, 2011. Mayor Attest: City Administrator Published in the Hutchinson Leader on: / First Reading: May 24, 2011 Second Reading: June 14, 2011 lA CITY OF HUTCHINSON FRANCHISE AGREEMENT ii APPLICATION Date: Filing Fee: Property Address:I - bnd kR SV J Zoning District: Applicant: TUNA v f I- Work Phone: tW Address: -21 DA AN t S11\j VtVkl ",v\jG. MAN Home Phone: 3LU - 75 ou Legal Description of property: Description of request: WtAnnc4 LA AL1U S M ,' 'idewctkk Certificate of Liability Insurance: drawing of request: 9 MC 0 6 Thus -fs an application only. an ordinance published. s Q y� L The request must be approved by tH6 iittchinson City Council and & LA) �- MEMORANDUM DATE: May 18, 2010 TO: Hutchinson City Council FROM: Dan Jochum, AICP, Planning Director SUBJECT: CONSIDERATION OF A CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT TO ALLOW CONSTRUCTION OF A HOUSE WITH ZERO SETBACK TO THE FRONT AND REAR PROPERTY LINES WITH 16" GABLE OVERHANGS INTO COMMONS AREA AND TO BUILD AN ACCESSIBLE EGRESS STAIR OFF THE DECK INTO THE SIDE SETBACK AT 1189 OAKWOOD COURT N.W. APPLICANT: John Korngiebel, owner representative Richard and Norma Cowman, property owners Background: The applicant is requesting a conditional use permit to amend the planned development district to construct a new home in Fairway Estates Second Addition. The amendment is to allow zero -foot front and rear setbacks, where a 5 -foot setback was specified on the approved development plans. It should be noted that the gable overhang will encroach into the association common space. The applicant is also requesting a 4 foot accessible egress stair off the deck into the 5 foot side setback on the west side of the home. The east side is proposed to meet the 5 foot setback and the west side will have a 1 foot setback along the stairs. The lots in this development were approved as unit lots that are not much larger than the footprint of the structure and are surrounded by commonly - owned open space, which is managed by the association. There have been similar amendments approved to allow reduced setbacks in this development. Additional information is contained in the attached staff report and attachments. Plannina Commission Meeting: The Planning Commission held a public hearing and considered the request at their May 17 meeting. There were no neighboring property owners objecting to the request. Dick Lennes, Homeowners Association representative also on the homeowners architect design review committee, reported there were no negative comments regarding this request at the homeowner's annual meeting and they would recommend approval. In reviewing this request, staff considered the potential impacts to adjacent properties. There is a large amount of open space on the west side of the subject lot between it and the next home, thus there doesn't appear to be an issue with reducing the setbacks. It should also be noted that the home to the east at 1187 Oakwood Court also has reduced front and rear setbacks to zero feet, therefore reduced setbacks shouldn't be an issue for the neighboring property owner's view being shielded by the reduced setbacks. There also appears to be adequate drainage occurring and the deck stairs in the setback area do not appear to cause a drainage impact. After discussing the request, the Planning Commission recommended approval with the following findings and recommendations: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. The deck will be built with accessible stairs per City of Hutchinson Building Code. 3. A building permit survey will be required at the time of building permit application to verify elevations and ensure positive drainage. (p (" I n-5) 1 RESOLUTION NO. 13884 CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT TO ALLOW CONSTRUCTION OF A HOUSE WITH ZERO SETBACK TO THE FRONT AND REAR PROPERTY LINES WITH 16 INCH GABLE OVERHANGS INTO COMMONS AREA AND TO BUILD AN ACCESSIBLE EGRESS STAIR OFF THE DECK INTO THE SIDE SETBACK AT 1189 OAKWOOD COURT N.W. Whereas, John Korngiebel, applicant, requested approval of a conditional use permit to amend the planned development district to allow construction of a house with zero setbacks to the front and rear property lines with 16 inch gable overhangs into commons area and to build an accessible egress stair off the deck into the side setback at 1189 Oakwood Court N.W. with the following legal description: Legal Description: Lot 9, Block 3, Fairway Estates Second Addition Whereas, the Planning Commission met on May 17, 2011, and held a public hearing on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. The deck will be built with accessible stairs per City of Hutchinson Building Code. 3. A building permit survey will be required at the time of building permit application to verify elevations and ensure positive drainage. Adopted by the City Council this 24 day of May, 2011. ATTEST: Jeremy J. Carter City Administrator Steven W. Cook Mayor ( (,6)1 �Y FNAf Y' J'---- -fJoaJ.- '------ -ra'Jf - -Y'. wY1- -- r---- F'------- f"D'Y Jr'P1J'Pf-- -- / -JY.JJ DIRECTORS REPORT - PLANNING DEPARTMENT y dfr"'s:.rrra X.t' FYJ!J.FYdBf J!' ' vfJrl' JJYYY..J Y Y/ -YJf! :.YYIYPYYf F11.!`.r1vJ"i:J'lf /J�-� To: Hutchinson Planning {Commission From: Brad Emans, Doff Moon, 'Dave Hanstad, Miles Seppelt, Colin Heintzeman, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, . Kent Exner, Jahn Paulson, Marc Sebora, Jeremy Carter, Dan Hatten, Dick Nagy, Dan Jochum and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: May 2, 2011, for May 17, 2011, Planning Commission Meeting, Application: CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT TO ALLOW CONSTRUCTION OF A HOUSE WITH ZERO SETBACK. TO THE FRONT AND REAR PROPERTY LINES WITH 16" GABLE OVERHANGS INTO COMMONS AREA AND TO BUILD A HANDICAPPED EGRESS STAIR OFF THE DECK INTO THE SIDE SETBACK AT 1189 OAKWOOD COURT N.W. Applicant: Richard and Norma Cowman, property owners John Korngiebel, owner representative CON11MT1 ONAL USE PERMIT The property owners are requesting an amendment to the planned development district to construct a new home in Fairway Estates Second Addition. The amendment is to allowed zero -foot front and rear setbacks, where a 5 -foot setback was specified on the approved development plans. It should be netted that the gable overhang will encroach into the association common space. The applicant is also requesting a 4 foot accessible egress stair off the deck into the 5 foot side setback on the west side of the home. The east side is proposed to meet the 5 foot setback and the west side will have a 1 foot setback. The lots in this development were approved as unit lots that are not much larger than the footprint of the structure and are surrounded by commonly -owned open space, which is managed by the association. There have been similar amendments approved to allow reduced in this development. cu >jI 1189 Oakwood Crt NW Conditional use permit Planning Commission— 5/17/11 Page 2 GENERAL INFORMATION Existing Zoning: R -I PDD (Single Family Residential — Planning Development District) Property Location: 1189 Oakwood Court N. W. Lot Size: 50'x 83' Existing Land Use: Vacant Adjacent Land Use And Zoning: R -1 PDD Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The property is located in the Fairway Estates Second Addition, which was rezoned R -I PDD and approved by the City Council in April, 1999. There have been several similar amendments approved to allow smaller setbacks in this development Applicable Regulations: Sections 154.070 and 154.170, City Code Analysis and Recommendation: The original plan for this neighborhood was developed and approved in 1999. Five foot setbacks were specified in the Planned Development District plan. Conformance to the site plan is required otherwise changes are processed through an amendment to the PDD (CUP process). The request is to allow zero setback to the front and rear setback to allow for construction of a new home with 16 inch gable overhangs into commons area and to build a accessible egress stair off the deck 4 feet into the west side setback. The home owners association did not express any concerns with the request, including the encroachment of the gable into the common area. In reviewing the CUP, the Commission shall consider if the request meets the following standards: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. In reviewing this request, staff considered the potential impacts to adjacent properties. There is a large amount of open space on the west side of the subject lot between it and the next home, thus there doesn't U � 1189 Oakwood Crt NW Conditional use permit Planning Commission — 5/17/11 Page 3 appear to be an issue with reducing the setbacks. It should also be noted that the home to the east at 1187 Oakwood Court also has reduced front and rear setbacks to zero feet, therefore reduced setbacks shouldn't be an issue for the neighboring property owner's view being shielded by the reduced setbacks. There also appears to be adequate drainage occurring and the deck stairs in the setback area don't appear to cause a drainage impact. Staff recommends approval of the request with the following conditions: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. The deck will be built with accessible stairs per City of Hutchinson Building Code. 3. A building permit survey will be required at the time of building permit application to verify elevations and ensure positive drainage. (-o0�) I Indicates property described in the ..s Is 4 w A k *" vo 111 1! ti �,,' w I CaE Crt tiU BUILDING PERMIT SURVEY FOR RICHARD & NORMA COWMAN LOT 9, BLOCK 3, FAIRWAY ESTATES SECOND ADDITION j PROPOSED TOP OF FOUNDATION • 1087.5 PROPOSED GIRA3E FLOOR • 1087.5 PROPOSED BASEMENT FLOOR •1078.5 \0 It, R CARM APR Ds�- a' 0 POND --- -- -- - - ROIY IMWIIM MYIYII I l� - J t O il, x y p,01 X "OU SE o '1 A r 9 `` 1 > 1 a: � x ; x I r un11Y IIYY. sa STREET ' • D Demise from no sol o I I / Metec ton mawsem m Direction exls*so a Ovation I I Y ) Dowfts "peed ebw8en -- -1088---_ - Densne ulsNlro.enlelN Me I / Rgert Ym Prg h7 NN M. or and., 118 direct .n>vrl. IM ecd they 1 a a 11117 II..... pEUBW LD BAG, INC Lana BYrr.r.r under the e1 the 81e1e of Ylnn..o r.. P 0 Box 35 o /O 20 40 HLNOMnson, M dW$Ota 55330 JlY /a /A foul J. 1 RR ueh PIMm (320) 587 -1780 'fi �// L le. Ne. �✓��� Fee (320) 587 -3752 / �\ Deyr 1 l� J .. JOB NO 11033 Bill P -3O7 Po 23 C May l7, 2011 City of Hutchinson Public Works Department Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 2344219 Fax(320)234-6971 To: Honorable Mayor and City Council members From: John Olson, Public Works Manager CC: Airport Commission members Subject: Fixed Base Operator (FBO) Agreement The Airport Commission voted to recommend a 3 -year contract with Hutchinson Aviation for FBO services at the airport. The FBO provides the following services: • Repairs and maintains aircraft • Provides for the sale of aviation fuels (I OOLL and JetA) • Provides flight training to students • Sells and makes available a variety of aircraft parts and products • Maintains some of the airport's facilities and grounds • Reports any maintenance needs to the City • Regularly provides information to pilots regarding potential safety issues at the airport The FBO provides these and other services to all airport users, whether they are his customers or not. The Airport Commission advertised publicly to request proposals from interested parties. The City was fortunate in that two proposals for FBO services were received. Because there were two proposals, a subcommittee of the Airport Commission was named and met with the two parties to discuss the proposals in detail. The subcommittee reported their findings to the full Airport Commission and, after deliberation and discussion, the unanimous recommendation was to offer Hutchinson Aviation a 3 -year contract. We used the State of Illinois' standard FBO agreement language as the basis for this agreement. The State of Illinois had the best model agreement we could find. The agreement contains some provisions that would allow for orderly business growth, should that be determined by Hutchinson Aviation to be feasible and potentially profitable, while maintaining important City controls on activity at the airport. The Airport Commission and staff recommend approval of this agreement with Hutchinson Aviation. tc� FIXED BASE OPERATOR AGREEMENT THIS AGREEMENT made this _ day of . J by and between the City of Hutchinson, McLeod County, a Minnesota political subdivision, hereinafter referred to as the Owner, and Thomas Parker, doing business as Hutchinson Aviation, hereinafter referred to as the Operator. WITTNESSETH: WHEREAS, Owner is a political subdivision organized and existing under the laws of the State of Minnesota and has acquired and developed a public airport in cooperation with Federal and State governments at Hutchinson, Minnesota. Said airport being known as Hutchinson Municipal Airport — Butler Field upon which the Owner has constructed certain facilities consisting of runway, taxiway, and T- hangars together with other facilities together with utilities and utility appurtenances shown by plans and specifications in the files in the Owners offices; and WHEREAS, Operator and Owner, through the City Council of the City of Hutchinson, Minnesota, the official governing body of the Owner, have agreed in respect to the management of portions of the operations at said airport as hereinafter specified; NOW THEREFORE, in consideration of the following mutual covenants and agreements, it is agreed by and between the Operator and Owner as follows: 1. The term of this Agreement shall be for a period of three consecutive years, commencing on June 1, 2011 and ending on May 31, 2013, however, termination of this Agreement may be made by either party giving sixty (60) days written notice to the other party. 2. Owner and Operator agree that there is now in existence an said airport lands, buildings and other structures. Parties further agree that all lands, buildings, structures and airport facilities not described herein are expressly excluded from this contract and reserved wholly and exclusively for the use of the Owner and shall be in the Owners exclusive control for such purposes, including rental, as Owner determines to be fit and proper. Owner does hereby give and grant to the Operator exclusive rights of use and occupancy of certain airport facilities, equipment and improvements commonly known as the FBO office, the Maintenance Hangar, and the FBO Hangar In Hangar Building #2, Hangar #8. Owner hereby gives and grants non- exclusive rights to use common areas of the airport including runway, taxiway, aprons, roadways, lighting, signals, and other conveniences for the takeoff, flying and landing of aircraft. 3. Owner and Operator specifically agree as follows: a. Owner reserves for its own use and without charge, rebate or reduction in payments hereinafter provided to be made by Operator, the right to use or occupy any non- exclusive area granted under paragraph 2 hereof, as may be needed at any time hereafter, in the sole discretion of the Owner for any municipal purpose, said space to be selected at the option of and in the sole discretion of the owner. b. That any right granted to install, operate, maintain repair or store shall be subject to approval at all times of Owner in the interests of safety and convenience of all concerned, this paragraph not limited to, but having reference in particular to any equipment necessary for the conduct of the Operators business. 1�� c. Operator shall be responsible to meet and to provide, upon request, verification of all licensure requirements of the United States and State of Minnesota governments necessary to legally comply with the terms of this agreement. d. That Operator is granted rights of ingress to and egress from the premises, which rights shall extend to Operator's employees, passengers, guests, invitees and patrons of Operator. e. That Operator is granted rights, in common with others authorized to do so, to use common areas of said airport, including runway, taxiway, aprons, roadways, lighting, signals and other conveniences for the take -off, flying and landing of aircraft of Operator. 4. Operator, at his own expense, shall use and occupy, in common with others, the aprons, space, facilities, taxiway, runways, etc. as set forth in paragraph 2 hereof, in accordance with the limitations placed upon such use and occupancy herein for the following purposes and only the following purposes: a. Operation and conduct of a primary flight school, which school shall include courses for the attaining of private, commercial and instructors certificates. b. Operation of the maintenance hangar as a service shop for repairs and service to aircraft for the convenience of the airport and its patrons. c. Conduct of private plane operations, which may include the servicing, storing, and repairing of aircraft identified herein. d. Conduct of the sale of aircraft, aircraft accessories, aircraft parts, and products used in connection with the servicing, sale or handling of aircraft. e. Conduct of charter service. f. Custom crop spraying, crop seeding, Insect control program, aerial farm survey program, and aerial commercial advertising programs of all types. g. Conduct of such other activities as may be mutually agreed upon by the Owner and Operator. S. The consideration to be paid by the Operator to Owner for the rights and privileges herein conferred, and as rental, shall be as follows: a. Operator shall, at his own expense, make available for purchase aviation fuel, including 10OLL AvGas and JetA fuel, and shall be responsible for billing and collection costs associated with the sale of aviation fuel. The Operator shall pay to the Owner $0.07 per gallon of fuel dispensed, payment to be made by the 30M of the month following, which shall be the Operators only expense in maintaining the fuel tanks, fuel lines, pumps, hoses and appurtenances. Operator shall establish fuel pricing schedules favorable to onsite, based aircraft that purchase larger volumes of aviation fuel. It is agreed that Operator shall maintain accurate records of aviation fuel dispensed and prices at which it was dispensed by all means and to submit periodic reports of fuel sales to the Owner. 2 b. Operator shall pay the entire cost of utilities necessary for the heating, cooling, and operating the maintenance hangar. c. Operator shall pay Owner $1,250 annually for the office and maintenance hangar space per year. All payments shall be made prior to November 30 each year. d. in the event Operator fails to pay Owner any charges identified in this paragraph or as may be customary and reasonable for services provided by Owner, then and in that event a finance charge computed on a periodic rate of 1 M per month will be charged upon any unpaid outstanding balance of amounts previously due but unpaid and said outstanding balance shall be computed by adding to any previous balance the current charges, less credits for payments within the period. The finance charge made herein is equivalent of an ANNUAL PERCENTAGE RATE of 18% per annum. e. Operator agrees to pay reasonable attorney fees and costs incurred by Owner for enforcing any of the rights or amounts provided for in this Agreement. 6. Operator further agrees as part of the consideration for this contract that he and his agents and employees shall and will assist all patrons of said airport, whether his customers or not. The assistance is to include the handling of aircraft, tying down of aircraft, and all other incidentals to the tying down, fueling and securing aircraft. a. All monthly hangar rentals will be billed from the Owner's office with Owner collecting all fees. b. All rental fees for overnight or weekly hangar storage for available T- hangars shall be collected by Operator and ninety percent (90%) of those fees shall be turned In to Owner the first day of each month. The Operator, on forms provided by Owner, must certify all hangar rentals. Operator cannot sublet T- hangars for periods exceeding seven (7) days without express written consent of Owner. c. Operator shall represent the Owner with regard to the rental of available hangar space and notify Owners office of any cancellations or new rentals within two business days. d. Operator will furnish service necessary for the storage of aircraft if facilities are available, and will provide service and equipment necessary for tie - downs. Operator agrees to keep tie -down equipment in serviceable and adequate condition. Operator may make reasonable charges for services exceeding those customarily associated with tie- downs, but may not charge tie -down fees. e. Operator agrees to make the maintenance hangar, ramp, apron and any other occupied areas available to organizations that the Owner has approved for conducting fly -Ins, air shows, or open house events. f. Owner shall supply T- Hangar M2-8 to Operator at no charge. At Operators expense, Operator may rent up to two (2) other publicly owned hangars In accordance with Owners policies concerning hangar rental. 3 to (-(-,) g. Should any determination be made that the interest of the Operator in this agreement or services rendered under the provisions of this agreement is taxable, and should any tax be levied pursuant to such determination, Operator shall promptly pay such tax when due, and shall, within a reasonable time after request by Owner, provide such proof to Owner. h. Operator will put forth every effort consistent with good business to service all aircraft, promote sales, student instructions, charter business, agricultural aviation or any other aviation service that would benefit Operator or Owner. Operator agrees to supply at his own expense any equipment that his business at the airport will warrant, in order to provide adequate service to airport patrons. Operator agrees that any buildings that may be erected, be proposed to be erected, or are already erected on said airport are and shall remain the property of the Owner, and upon termination of this agreement, Operator shall surrender any such building used by him in good condition, reasonable wear and tear excepted. Operator may erect structures, in accordance with airport regulations, at his own expense, such buildings being addressed by separate agreement. Operator further agrees that upon termination of this agreement at any time or for any reason, Operator shall fully settle and pay all accounts owing him to the Owner before removing any property, but upon the settlement of said accounts, the Operator shall have the right to freely remove all aircraft, tools, equipment and trade fixtures from the buildings and from property of the Owner, which are solely owned by Operator. 8. Operator may purchase and use remote fueling equipment to dispense aviation fuels to aircraft upon request. The total weight of one piece of said equipment never to exceed in aggregate 12,500 pounds of axle weight. Said equipment must be parked on a concrete pad or be moved daily to unpaved areas when temperatures exceed fifty degrees Fahrenheit (S(P F) so as to avoid any damage to the airport apron. a. Operator agrees to save and hold harmless Owner from any and all liability occasioned by the disbursement of aviation fuel from equipment owned solely by operator, including but not limited to regulatory agency fines for violations, attorney fees, clean up costs, and any other damages of any kind caused by dispensing of fuel from Operator's equipment. Should damages result from dispensing of fuel from Operators equipment, Including but not limited to damages to the airport's apron or aircraft into which fuel was being dispensed, the Owner may terminate Operators right and privilege to dispense fuel using equipment owned by Operator. b. Operator agrees to comply with all Federal, State, County and local regulations regarding dispensing of fuel. This agreement shall not require Owner to make any capital improvement to airport facilities in order to comply with said regulations for dispensing of fuel from the Operators equipment. (S (r-) 9. As part of the consideration for this agreement, Owner and Operator further specifically agree as follows: a. Owner or its authorized representatives shall have sole and general control and supervision of all activities of the public or other persons on said airport, consistent with the reasonable rules and regulations of said airport and reasonable conduct of the Operator's business. b. Owner or its authorized representatives shall have the sole authority to make all airport flying rules and regulations, and requirements applicable to use of said airport by private, commercial or public aircraft flaying, taking off or being in or about said airport for any purpose in compliance with provisions identified by the Federal Aviation Administration or any other public agency regulating said airport. c. That the Operator will, if required by Owner, maintain flight records of operations of said airport and such other data as may be required by Federal Aviation Administration or any other public agency having regulatory jurisdiction at said airport. d. That any airport manager, so appointed by Owner, shall have control, under Owners direction, of airport and airport activities in relation thereto except the conduct of Operators business as herein permitted and limited. e. Operator will, with Owner and its authorized representatives, act at all times under the rules and regulations of Federal Aviation Administration, Minnesota Department of Transportation Aeronautics Division, and rules and regulations of Owner or any other proper authority having jurisdiction now or hereafter over conduct of operations at airport. f. Operator shall not erect or place any signs or advertising matter at any place on the airport without the consent of the Owner. g. That Operator shall keep the premises occupied or used by him in a safe, sanitary and clean condition and shall dispose of all debris and other waste matter which may accumulate and shall provide for regularly scheduled, appropriate waste disposal . h. That all repairs to buildings, structures and facilities and related utility appurtenances shall be made by Owner, it being understood that Operator shall use all reasonable care in the use thereof and that described in Paragraph 2 hereof, except that Operator shall be responsible for repairs necessitated by the negligence of Operator or Operators representatives. I. That any repairs, improvements, alterations or fixtures, other than those of a removable nature made or installed by Operator, in any building shall become and be the property of the Owner, unless otherwise provided for by agreement made prior to installation. 5 ce Eck j. Owner shall furnish labor and equipment for grounds maintenance, snow removal and major improvements necessary for airport operation. Except that Operator shall remove snow away from sidewalks and the front of hangar doors that larger equipment provided by Owner cannot safely remove. Owner and Operator may agree, under separate agreement, on provisions for Operator to provide labor and equipment related to items not specifically identified or implied by this agreement. k. That any decision, determination or act of the Owner in the field of legislative action made in good faith and upon information then submitted to the City Council of the City of Hutchinson in respect to the sufficiency of any operation by any person upon said airport, or in respect to any rule or regulation it may adopt in respect to use of said airport by Operator or any other person shall be binding upon Operator at all times. 1. That there is reserved to the Owner and its representatives the right to enter upon any premises occupied by Operator at any time for the purpose of making inspection of the same if such is deemed expedient to the end that the covenants and conditions of this agreement may be fully performed. m. That Owner will give permission to Operator to store his aircraft or aircraft for sale in unoccupied hangar space if not rented or used for aircraft storage. When transient aircraft request hangar space the Operator is using, Operator shall place his aircraft therein stored in the tie -down area. Operator's use of unoccupied hangar space is on a daily basis only. n. Operator shall perform the following duties daily: I. Wind up fuel hoses and inspect fuel tanks and fuel lines for leaks. ii. Report to the Owner any defects or deficiencies with lighting, safety devices and navigational aids. iii. Ensure notices to airmen (NOTAMs) relative to airport operations are up-to- date. iv. Check hangar doors and other doors for security; and v. Maintain public restrooms and arrival- departure facilities In a clean, neat and sanitary manner. o. Operator agrees to participate in and be a member of committees whose work relates to airport operations that may be in place or be established hereafter by Owner. p. Operator shall report any NOTAMs to appropriate authorities. Ce (_(� 10. Operator shall and will be liable for every claim and demand of whatsoever nature made on behalf of or by any party for any wrongful act or omission on the part of the Operator and his representatives and from all loss and damage for reasons of such actions or omissions, this to include any operations by Operator upon the airport, including but not limited to conduct of aircraft maintenance, fueling of aircraft, Right schools, agricultural operations, aerial advertising, or any other such activities that are herein permitted. Operator shall maintain public liability insurance to fully protect Owner against any loss, property damage or injury to person due to any operations carried on by the Operator in conduct of business as Fixed Base Operator. Operator shall also carry adequate Workers' Compensation Insurance, as required by the State of Minnesota. Operator shall provide suitable insurance coverage pertaining to his specific activity and include at least the following: a. To name Owner on policies as an additional insured. b. To require insurance company to provide Owner with at least fifteen (15) days notice of cancellation or discontinuance of insurance coverage. c. To require insurance company to provide Owner with a current certificate of insurance. d. Operators contracting for taxi service, rentals and /or related air services shall comply with FAR 135, Part 298, Sub - section 42 C.A.B. Economic Regulations. e. All Operators contracting for any type of operating privilege shall provide the following insurance coverage: Workers' Compensation Insurance in compliance with State of Minnesota law Unemployment insurance in compliance with State of Minnesota law. iii. Other types of coverage that is or may be mandated by State of Minnesota law. iv. General liability of not less than $1,000,000 and $2,000,0000 aggregate, to cover all aspects of Operatots intended business activity Including but not limited to property damage, bodily injury, negligence, errors and omissions, environmental liabilities and all other aspects of the intended use and operation of the Operator. 11. Owner shall maintain Insurance coverage upon buildings and property owned and operated by Owner at airport, insuring said buildings against loss by fire, wind and other hazards. Owner shall further maintain insurance protecting third persons against damage by fire or other casualty to aircraft or other personal property of third persons, stored, placed or otherwise lawfully located in any building or area on said airport within the control, use, occupancy or possession of Owner, whereby Owner is protected from liability to third persons for negligence by Owner and Its representatives. 7 J 12. In the event of destruction of any of the facilities herein mentioned or in the event of substantial changes in the extent or character of aviation activities provided herein, which shall cause substantial injury or undue hardship upon either party by reason of any of the provisions of this agreements which either party would not have made, had they known such changes would have occurred during the term of the agreement or any extension provided herein, then such party so injured may request a renegotiation of the rights, privileges and obligations under this agreement, but not of the term or option of extension provided in this agreement. 13. Operator shall not and will not at any time during the terms of this agreement mortgage, assign, or otherwise hypothecate or transfer this agreement or any interest therein, without the written consent of Owner. 14. Operator and Owner agree that in case of failure an the part of Operator to comply fully with settlement and payment of accounts at regular accounting intervals, or Operator's failure to diligently and faithfully perform the terms of this agreement to the end that such operations shall be operated efficiently and properly, at the sole subjective judgment of Owner, such failure shall constitute grounds for the cancellation and termination of this agreement by Owner at its option and shall give Owner the right to re -enter and take possession of the premises described in Paragraph 2 hereof; however, that before so cancelling or terminating this agreement, Owner shall provide written notice to Operator specifying particulars in which Operator has failed to comply with terms of this agreement and shall extend to Operator reasonable time, but not less than fifteen (15) days in which to correct the objections made and assigned as grounds for cancellation and termination of this agreement. 15. Owner and Operator further agree that all terms and provisions of this agreement are subject and subordinate to the following: a. During anytime of war or national emergency, Owner shall have the right to possess and use all airport lands and buildings for all military and naval uses by the United States government. b. This agreement is and shall be subordinate to provisions of any existing or future agreement between the Owner and the United States or State of Minnesota government relative to the operation or maintenance of said airport, the execution of which has been or may be required as a condition precedent to the expenditure of Federal or State funds for the development and maintenance of said airport. c. Owner specifically reserves the right to further develop or improve said airport as it sees Ht, regardless of the desires or views of Operator and without any interference or hindrance from Operator. Owner further reserves the right to take any action it considers necessary to protect the aerial approaches to the airport from obstructions, including the right to prevent Operator from erecting any building or structure upon the airport or within the obstruction limits of airport which in Owner's opinion would limit the usefulness of airport or constitute a hazard to aircraft, as defined by Federal and State of Minnesota regulations. d. Owner reserves the right, but shall not be obligated to Operator, to maintain and keep in repair the landing area of the airport and all publicly owned facilities of said airport, together with the right to direct and control all activities of Operator in such regard. (DL-) e. Operator agrees to conduct his operations and to operate any premises or buildings used by him on said airport for the use and benefit of the public and to make available all facilities and service to the public without unjust discrimination, and upon reasonable terms and condition; and to refrain from imposing or levying excessive, discriminatory, or otherwise unreasonable charges or fees for any of Operators facilities, services, products for sale or any airport service. Operator further agrees that no charge shall be made by him for any services offered by him in excess of any fee or charge included in a schedule of fees and charges posted on the premises occupied and used by him. Operator shall grant no favor, privilege or discriminatory right to any patron, customer or other person receiving service from Operator, which are not extended to other members of the public. Operator shall have such access to the service apron, runway and landing areas of said airport as may be accorded to any other person or the public, subject to the rules and regulations of the Owner, as provided, and aforesaid, that any such access or use shall be non - exclusive and that nothing contained herein shall be deemed to confer or give to Operator any rights or privileges reserved by law, by agreement, or otherwise for military, naval or other aircraft of the United States, the State of Minnesota, or of the Owner. The use and occupancy by Operator of buildings, facilities and areas of said airport described in Paragraph 2 shall be subordinate to any program or undertaking by Owner for the maintenance, development, expansion, extension or improvement of said airport. This agreement shall not be construed to grant Operator exclusive right for the use of facilities at the airport for which Federal or State funds have been, are to be, or may be expended. This agreement is subordinate to any provision within any agreement by Owner made to receive Federal or State funds for airport development. g. Operator does hereby covenant and agree that no persons shall be excluded from participation in, denied benefits of, or be otherwise subjected to discrimination in the use of airport facilities pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. h. Operator agrees to furnish services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for services, provided that the Operator may make reasonable and nondiscriminatory discounts, rebates or other similar price reductions to volume purchasers. 1. Owner reserves the right to access all airport facilities and equipment for maintenance and repair of said facilities and equipment. 16. It is specifically agreed between Owner and Operator that if any provision of this agreement or the application of any of its provisions to any situation, person or circumstances is held to be invalid, such provision, as to such situation, person or circumstances shall be deemed to be exorcised from this agreement, and the invalidity there of to such situation, person or circumstance shall not affect any other provisions of this agreement or application of such provisions other to those to which it Is invalid. This agreement shall be applied and shall be effective in every situation, circumstance and to every person insofar as its validity extends. (.0 � 17. All notices under this agreement shall be sent to the following addresses, except that Owner and Operator shall notify the other party of changes thereto: If to the Owner: John Olson, Public Works Manager City of Hutchinson 111 Hassan St SE Hutchinson, MN 55350 If to the Operator: Thomas Parker, Hutchinson Aviation Hutchinson, MN 55350 18. The laws of the State of Minnesota shall govern this agreement and the venue for any causes of action shall be McLeod County, State of Minnesota. By: Thomas Parker (Operator) By: Steven W. Cook, Mayor Attest: Jeremy J. Carter, City Administrator Dated: Dated: 10 ('0 Cc Permit Fee: $30 (short term) Date Received 111 Hum street Southeast Hutchineoq MN 55350 (320)587- 5151iFut:(320) 234.4240 City of Hutchinson APPLICATION FOR PARADE PERMIT All applications must be received at least 30 days before event in order to be considered imtioti Ltfoetatiort,' Organization Name Phone Number 2 f7 /s � l�li6 5 AE IKZ . Org anization Address City State Z' AtitNoiiied cer Chairman Information 5 y.9� -5; -coy r�i.�oEe 72 7G officer Name Phone Number lfvE /fyTC,KZ 5 0 ..i /i r/ S s�so Residence Address City State Zip /rA�V,6 Parade Chairman Name Phone Number !`:e. Cfnfa Zin rtesmscnce nwucuu - - Pareds Infoimatian Q Parade Date: � 3c) 1 . ZO // Assembly Time: J 3y XIAI Location and Description of Assembly Area: Afh+✓ 4 AI Starting Time of Parade: / ' llz Estimated Time of Parade: ye roo 'e" Starting Point of Parade: W O� 5/ 9or Route of Parade Travel: ' Sir .v TO y `' SUE yE -7-C) Ending Point of Parade: 197C L /J e Aj�V i/ETE.C. -S /ri <� a -44r04 P � 4 �-' Approximate Number of Units, Animals, and Vehicles which will constitute Parade: ` ��.cEvCeC Sri pL.d� ltd Type a Description of�jpiprS(s and Vehicles: 9� c e'4 6 z�L SC OOTS B$�`L scvyTs Maximum Interval of Space to be Maintained Between Units: Maximum Length of Parade: jS- 3a liv4;vuM7S �'LD�`� 70 JSrl v7� Minimum and Maximum Speed of P arade: MPH Portion of Street Width Traversed: t ` (A CkyofXaqchkmn Appikaydm for Parade Perk Page Z oft Checicfa 77 _ The following items need to be completed and/or attached i rder for the application to be processed: Permit fee paid in full (check or money order): ;$ O no Permit Application completed in full and signed: Q yes ❑ no I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investi ate the information submitted. Signature of authorized officer of organization or parade chairman Date — c Police X approved O denied No City Council ❑ approved 0 denied Notes: 0 FROM : J and K FAH N0. : 7632138440 May. 17 2011 09:32RM PI CITY OF HUT'CHINSON LICENSE /PF,RM IT APPLICATION ❑ FAIR ri CARNIVALS ❑ CIRCUS ❑ AMUSEMENT DEVICES ❑ SHOWS/EXHIBITfONS. ❑ AMUSEMENT RIDES /GAMES ❑ DEMONSTRATIONS ❑ OTHER (Describe) Please complete the following information (ink or typewriter, please) and submit the appropriate fee along with this application to the City of Hutchinson, ill Hassan Street, SE, Hutchinson, Minnesota $5350. Full Name of Person Filing Application: Kimberly Kay Pa Business Name & Address: 4496235 A Lane NE St. Francis MN 55070 Business Telephone: 763.753.4983 Alternate Telephone: 612.250.0068 If business is a partnership, please provide name of offtcers or Vcorporadon, please provide corporate name. Pattnership & K Amusements Mail permit to this address: same as ove- LOCATION OF EVENT: Hutchinson Mall Hwy 15 South GIVE BRIEF DESCRIPTION OF EVENT: Carnival Parking Lot DATES AND HOURS OF OPERATION: June 3.2011 5.00 pm until 10700 rmt June4,2011 10. am until ] 0:00 om. June 5 2011 10.00 am until 8 :00 pm ARE STRUCTURES TO BE ERECTED? ■ � Yes ❑ No ❑ N/A If yes, please describe: Carnival Rides cp ce) FROM : J and K FAX NO. : 7632138440 May. 17 2011 09:32RM P2 CLEAN UP/DAMAGE DEPOSIT (Refundable) Large Events $1,000 BOND ❑ $1,000 CASH ❑ CLEAN UP /DAMAGE DEPOSIT (Retlmdable) Smaller Events $250 CASH ❑ Carnival $525 CASH ❑ N/A ❑ INDEMNIFICATION: I hereby indemnify and hold harmless the municipality and the City Council from any liability in whatsoever manner arising which may be incurred by the licensee and the municipality as the result of the operation of amusement rides, amusement d K *vats, Fairs or demonstrations. DATE: ":�'17�'l� Office Use Only: Fee Insurance _ Bond Police Dept Inspection Council License Issued Special Conditions: u Approved: (' ce-) APPLICATI FOR PUBLIC TRANCE PERMIT FEE $55.01 Bate Submitted (im 4o da` date) M Have you run dances in hefnrp9 Elsewhere? 4'�' gnature of Applicant Recommendation of Police Appruv Services Reas fo Denial � -- Action by City Council S'ecurityfees at an hourly rate for r p l ce officers to be paid its advance at the police de when a contract i igner. MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor and Council FROM: Dan Hatten, Director of Police / Emergency Management Service DATE: May 17, 2011 RE: Dairy Days I am in receipt of a letter from the Chamber CVB's Agri Business Committee in reference to the Dairy Days Celebration on Friday, June 10, 2011. My staff and I have reviewed their request regarding the closing of 1 Ave SE between Main St. and Hassan St. between 9:00 a.m. and 3:00 p.m. on June 10, 2011. I am comfortable that the police department can safely accommodate their request. However, it is my suggestion that 1 Ave. be closed from 6:00 a.m. to 3:00 p.m. This would allow my department to close the street minimizing the effect to the citizens who normally use this street on a day to day basis. /csb 2011 -01 -0010 rr G 1 �r (AWUIRWV Area Chamber of Commerce Convention & Visitors Bureau May 18, 2011 Sergeant Joe Nagel Hutchinson Police Services 10 Franklin St SW Hutchinson, MN 55350 Dear Sergeant Nagel, 2 Main Street South Hutchinson, MN 55350 320.587.5252 800.572.6689 Fax 320.587.4752 info @explorehutchinson.com www.explorehutchinson.com On behalf of the Chamber CVB's Agri - Business Committee I would like to make a request to close First Ave SE between Main Street and Hassan Street. This request is for our annual Dairy Day Celebration on Friday, June 10, 2011 in Library Square. We would like to use First Ave SE for the tractor club and equipment displays. We currently have Library Square reserved from 9:00 am until 3:00 pm The tractors would be brought in Friday morning after 9:00 am. The event is scheduled to run until 1:30 pm, but we are requesting 3:00 pm to allow for clean-up. If you have any questions, or if the committee can be of any assistance, please give me a call at 320 - 234 -0786 or email us at aneelaODeUlorehutchinson.com Thank you for your help. Since ely, �I HutchiUon Area Chamber CVB (-V �) i 10/1 : MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor and Council FROM: Chief Daniel T. Hatter DATE: May 18, 2011 RE: Consent Agenda Seventh -Day Adventists 5K Run I am in receipt of a request from the Minnesota Conference of Seventh Day Adventists in reference to holding a 5K Run on Sunday, June 12, 2011. The participants will be utilizing the right of way and will not be blocking any city streets. My staff and I have reviewed their request for police assistance. I am comfortable and confident that we can meet the needs of the organization utilizing contracted police personnel, being paid for by the organization. I recommend approval of their request. /csb 2011 -01 -0009 I I 1 Hassan Street Southeast Hutchinson, MN 55350 (320) 587- 515IN": (320) 234 -4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered Application Type Short Term Date(s) 111JI/,jD/1 — // 11 .7W Fee: $30.00 ont D /Year — Month/ /Year Organization Information 14ynv s Lm "Ay. �SmuFzr DEr �L.~ 4ra'9 e?1S9 Name Phone Number 33— 3,eo Ayr. S.f - /W ss3so Address where regular meeting are held City State zip Day and time of meetings? A7 4F y - *7 — � o? � Is this organization organized under the laws of the State of Minnesota? Wyes ❑ no How long has the organization been in existence? jj�U How may members in the organization? Ly What is the purpose of the organization? N!/kj�S S/IoM�JH /DS Ci9 /Lirl:` o-, In whose c ustody will organization records be kept? 1c la"'o . X RNE GE.t' 31f� s�r� -a� Name Phone Number 670 Y*A(IN wyw AelVr c N ,0AJ IVA) rJ' o Address city State zi -r- in�.P ltsl YS /.yb>r? 3d�J- .i87�'d `790 True Name Phone Number 1s'�S /ylcD euA[O 1r, Lor /0 sA/ 1W SS"3fo Residence Address City State zip Date of Birth: A / / / ¢A- Place of Birth: e 1 ,6 $pyl A A Month/day /year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes ® no If yes, explain: 15/0/11 `H 400." CM-1* 3 V C�) City of Hutchinson Application for Bingo Gambling Devices License Page 1 of 3 /C�GNARD U, iCRgEGF,2 39D- S8q -,4�S9 True Name Phone Number 6 7D SouTH d /f�.J d'em'o C 1J-1OAJ fS3f Residence Address City State Zip Date of Birth: N / 9 / 3 , 20 Place of Birth: 4w[w0'L,y / , Xd Month/day /year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes no If yes, explain: How long have y been a member of the organization? YL&N / LDE10A) P OST 96 3,;20 -a ,21Y Name of location where game will be played Phone Number f 3947 AV z�' SjF /{uTC.�ivs�N ss3Sa Address of location where game will be played City State zip Date(s) and/or day(s) gambling devices will be used: through / /'�? .16// AM AM Hours of the day gambling devices will be used: From `�' M To 349 e Maximum number of player: 30 Will prizes be paid in money or merchandise? ❑ money ,merchandise Will refreshments be served during the time the gambling devices will be used? Jtyes ❑ no If yes, will a charge be ma de for such refreshments? Ones ❑ no Name of location where game will be played Phone Number Address of location where game will be played City State zip Date(s) and/or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From pM To PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no be made ❑ ves ❑ �c�nfe yJ 106-2�,e De Gstc'%: , vvll Name Title /SaS/'/t G �G7fyq y7CN 1,030d 4AJ Ss�sd Residence Address City State zip �i Q, �,p /c� Ce.N.rt 1SSA%Pt .Z.vTF.v0AaJ7' Name Title 6 7D Sou�NY /fi�J D�('/ of �urty�.yso t/ /;1)w S,f3jV Residence Address City State zip (10 (� City of Hutchinson Application far Bingo Gambling Devices License Page 3 of 3 Name Title Residence Address City State Zip Officers or Other Persons Paid for Services Information i necessa , list additional names on separate sheet Name Title Residence Address City State Zip Name Title Residence Address City State Zip Name Title Residence Address city State Zip Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager yes ❑ no Authorized Officer X yes ❑ no — Initial nlitia! I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof. Signature of Signature ofgambling manager of a ernal Use Only City Council ❑ approved ❑ denied Notes: s- y �i Date S -3 - Date CD Q CITY OF HUTCHINSON R55CKREG LOG22001VO Council Check Register 5/24/2011 Check # Ck Date Amount Vendor / Explanation Account Description 165411 5/24/2011 90.00 10,000 LAKES CHAPTER TRAVEL SCHOOL CONFERENCE 165412 5/24/2011 442.00 AARP PROFESSIONAL SERVICES 165413 5/24/2011 20,000.00 ABDO, EICK & MEYERS AUDIT & FINANCE 165414 5/24/2011 257.34 ACE HARDWARE POSTAGE 165415 5/24/2011 450.00 ACTION FLEET INC MACHINERY & EQUIPMENT 165416 5/24/2011 46.79 ALLTEL COMMUNICATIONS 165417 5/24/2011 53.44 ALPHA WIRELESS COMMUNICATIONS 165418 5/24/2011 10807 AMERICAN FAMILY INS CO. ACCRUED LIFE INSURANCE 165419 5/24/2011 20.00 AMERICAN PUBLIC WORKS ASSN OPERATING SUPPLIES 165420 5/24/2011 7.80 AMERICAN WELDING & GAS RENTALS 165421 5/24/2011 73.88 AMERIPRIDE LINEN & APPAREL CONTRACT REPAIR & MAINTENANCE 165422 5/24/2011 107.50 AMS COATING SYSTEMS INC. SIGNS & STRIPPING MATERIALS 165423 5/24/2011 88.71 ARAMARK UNIFORM SERVICE SHOP MATERIALS 165424 5/24/2011 445.64 ARCTIC GLACIER PREMIUM ICE INC COST OF MIX & SOFT DRINKS 165425 5/24/2011 623.00 ARNESON DISTRIBUTING CO COST OF SALES -BEER 165426 5/24/2011 22.34 ATHLETIC METRO SUPPLY REPAIR & MAINTENANCE SUPPLIES 165427 5/24/2011 194.94 AUTO VALUE - GLENCOE EQUIPMENT PARTS 165428 5/24/2011 423.00 B. W. WELDING RECEIVED NOT VOUCHERED 165429 5/24/2011 2,130.23 BACHMAN'S OPERATING SUPPLIES 165430 5/24/2011 6,11102 BAILEY NURSERIES REFUNDS & REIMBURSEMENTS 165431 5/24/2011 225.73 BEACON ATHLETICS OPERATING SUPPLIES 165432 5/24/2011 470.40 BELLBOY CORP COST OF MIX & SOFT DRINKS 165433 5/24/2011 50.00 BENTON COUNTY SHERIFF'S OFFICE OTHER CONTRACTUAL 165434 5/24/2011 827.75 BERNICK'S FOOD PRODUCTS- CONCESSION 165435 5/24/2011 146.00 BISHMAN, KATHY RENTS- HANGARS & SHOP 165436 5/24/2011 450.00 BOND TRUST SERVICES CORPORATIO PAYING AGENT FEES 165437 5/24/2011 450.00 BOND TRUST SERVICES CORPORATIO PAYING AGENT FEES 165438 5/24/2011 450.00 BOND TRUST SERVICES CORPORATIO PAYING AGENT FEES (� 165439 5/24/2011 450.00 BOND TRUST SERVICES CORPORATIO PAYING AGENT FEES 165440 5/24/2011 450.00 BOND TRUST SERVICES CORPORATIO 165441 5/24/2011 450.00 BOND TRUST SERVICES CORPORATIO 165442 5/24/2011 450.00 BOND TRUST SERVICES CORPORATIO 165443 5/24/2011 450.00 BOND TRUST SERVICES CORPORATIO 165444 5/24/2011 2,061.40 BRYAN STRETCH TRUCKING 165445 5/24/2011 78.02 BUSINESSWARE SOLUTIONS 165446 5/24/2011 51,014.45 C & L DISTRIBUTING 165447 5/24/2011 140.18 CALIFORNIA CONTRACTORS SUPPLIE 165448 5/24/2011 78.70 CENTRAL HYDRAULICS 165449 5/24/2011 153.59 CENTRAL MCGOWAN 165450 5/24/2011 282.00 CHEF CRAIG'S CAFE & CATERERS 165451 5/24/2011 1,335.94 CLARKE MOSQUITO CONTROL PRODUC 165452 5/24/2011 457.76 COMDATA CORPORATION 165453 5/24/2011 900.00 CORNER POST EROSION CONTROL 165454 5/24/2011 648.00 CORPORATE MECHANICAL 165455 5/24/2011 136.80 COUNTRYSIDE FLAGPOLE 165456 5/24/2011 104.95 CROW RIVER AUTO & TRUCK REPAIR 165457 5/24/2011 87.01 CROW RIVER FLORAL & GIFTS 165458 5/24/2011 105.00 CROW RIVER PRESS INC 165459 5/24/2011 348.64 CROW RIVER VET HOSPITAL PA 165460 5/24/2011 892.38 CROWN INDUSTRIES INC. 165461 5/24/2011 154.99 DASCHER, DUANE 165462 5/24/2011 3,806.07 DAY DISTRIBUTING 165463 5/24/2011 52.37 DEATONS MAILING SYSTEM 165464 5/24/2011 960.90 DROP -N -GO SHIPPING, INC 165465 5/24/2011 2,260.00 DUANE BLOCK TRUCKING INC 165466 5/24/2011 849.37 DYNA SYSTEMS 165467 5/24/2011 1,377.66 E2 ELECTRICAL SERVICES INC 165468 5/24/2011 4.58 EBERT, PAT 165469 5/24/2011 188.10 ECOLAB PEST ELIM 165470 5/24/2011 423.24 ELECTRO WATCHMAN 165471 5/24/2011 192.35 ERLANDSON, ANDREW 165472 5/24/2011 4,500.00 EVERBRIDGE INC 165473 5/24/2011 210.12 EXNER, KENT PAYING AGENT FEES PAYING AGENT FEES PAYING AGENT FEES PAYING AGENT FEES FREIGHT OPERATING SUPPLIES COST OF SALES -BEER SAFETY SUPPLIES REPAIR & MAINTENANCE SUPPLIES OPERATING SUPPLIES RENTS -BLDGS OTHER CONTRACT REPAIR & MAINTENANCE OPERATING SUPPLIES REPAIR & MAINTENANCE SUPPLIES CONTRACT REPAIR & MAINTENANCE OPERATING SUPPLIES CENTRAL GARAGE REPAIR MISCELLANEOUS PRINTING & PUBLISHING OTHER CONTRACTUAL RECEIVED NOT VOUCHERED SAFETY SUPPLIES COST OF SALES -BEER OFFICE SUPPLIES PRINTING & PUBLISHING FREIGHT STREET MAINT.MATERIALS MACHINERY & EQUIPMENT TRAVEL SCHOOL CONFERENCE RECEIVED NOT VOUCHERED OTHER CONTRACTUAL OPERATING SUPPLIES OPERATING SUPPLIES TRAVEL SCHOOL CONFERENCE 165474 165475 165476 165477 165478 165479 165480 165481 165482 165483 165484 165485 165486 165487 165488 165489 165490 165491 165492 165493 165494 165495 165496 165497 165498 165499 165500 165501 165502 165503 165504 165505 165506 165507 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 2,395.21 95.27 125.00 41.60 263.28 430.80 52.97 3,200.00 321.16 57.40 125.00 604.26 2,935.56 535.88 3,325.00 1,239.75 137.50 1,036.50 90.31 976.75 8,137.84 97,864.90 70.00 793.01 285.35 251.66 1,339.00 26.57 1,211.29 100.00 250.00 92,125.10 1,283.51 4,011.54 FARM -RITE EQUIPMENT FASTENAL COMPANY FIRE MARSHALS ASSN OF MN FIRST CHOICE FOOD & BEVERAGE S FISHER SCIENTIFIC FOREST EDGE WINERY G & K SERVICES GAVIN, OLSON & WINTERS, LTD GLACIAL RIDGE WINERY GODFATHER'S PIZZA GOEBEL, JOSH GRAINGER GRAND PERE WINES INC H.A.R.T. HACH COMPANY HALDEMAN HOMME /ANDERSON LADD HANSEN DEMOLITION LANDFILL HANSEN DIST OF SLEEPY EYE HANSEN GRAVEL HANSON & VASEK CONSTRUCTION HCVN -TV HEALTH PARTNERS HENNEPIN COUNTY SHERIFF'S OFFI HENRY'S WATERWORKS INC HEUN ENTERPRISES INC HILLYARD / HUTCHINSON HUTCHINSON AREA HEALTH CARE HUTCHINSON CO-OP HUTCHINSON LEADER HUTCHINSON MEDICAL CENTER HUTCHINSON SENIOR CARE SERVICE HUTCHINSON UTILITIES HUTCHINSON WHOLESALE HUTCHINSON, CITY OF RECEIVED NOT VOUCHERED RECEIVED NOT VOUCHERED TRAVEL SCHOOL CONFERENCE OFFICE SUPPLIES OPERATING SUPPLIES COST OF SALES -WINE OPERATING SUPPLIES PROFESSIONAL SERVICES COST OF SALES -WINE OPERATING SUPPLIES UNIFORMS & PERSONAL EQUIP EQUIPMENT PARTS COST OF SALES -WINE ACCRUED DEFERRED COMP OTHER CONTRACTUAL OPERATING SUPPLIES OPERATING SUPPLIES COST OF SALES -BEER OPERATING SUPPLIES CONTRACT REPAIR & MAINTENANCE CABLE TV EMPL.HEALTH & INS. BENEFIT OTHER CONTRACTUAL STREET MAINT.MATERIALS COST OF SALES - LIQUOR CLEANING SUPPLIES PROFESSIONAL SERVICES REPAIR & MAINTENANCE SUPPLIES DUE FROM UTILITIES PROFESSIONAL SERVICES PLANNING & ZONING FEES UTILITIES EQUIPMENT PARTS UTILITIES L� 165508 165509 165510 165511 165512 165513 165514 165515 165516 165517 165518 165519 165520 165521 165522 165523 165524 165525 165526 165527 165528 165529 165530 165531 165532 165533 165534 165535 165536 165537 165538 165539 165540 165541 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 4,000.00 9.99 25.00 288.46 15.67 1,225.18 1,070.82 306.41 11,465.29 200.00 35.00 1,020.00 1,004.31 298.71 634.69 85.53 134.00 64.70 8,142.94 242.99 26,810.05 694.15 5,596.26 330.99 266.24 200.00 276.00 54.81 542.75 25A0 269.04 475.82 85.83 57.60 HUTCHINSON, CITY OF INDEPENDENT EMERGENCY SERVICES INTERNATIONAL CITY /COUNTY MANA INTERSTATE BATTERY SYSTEM MINN JAY MALONE MOTORS JEFF MEEHAN SALES INC. JEFF'S ELECTRIC A TAYLOR DIST OF MN JOHNSON BROTHERS LIQUOR CO. JORDAHL, JIM KARL, MICHELLE KRISTICO, INC L & P SUPPLY CO LAND'S END BUSINESS OUTFITTER LAND EQUIPMENT OF NORWOOD LEIDER, THERESA LEXISNEXIS LIFE INSURANCE COMPANY OF AMER LITIN PAPER COMPANY LOCATORS & SUPPLIES LOCHER BROTHERS INC LYNDE & MCLEOD INC MARLIN LEASING MAYTAG LAUNDRY & CAR WASH MCLEOD COOP POWER ASSN MCLEOD COUNTY AGRICULTURAL ASS MCLEOD COUNTY RECORDER MEHR, BRIAN MENARDS HUTCHINSON MESSAGE MEDIA MILLNER HERITAGE VINEYARD & WI MINE SAFETY APPLIANCES COMPANY MINI BIFF MINNEAPOLIS, CITY OF MISCELLANEOUS COMMUNICATIONS DUES & SUBSCRIPTIONS EQUIPMENT PARTS CENTRAL GARAGE REPAIR ACCURED COMMISSIONS PAYABLE CONTRACT REPAIR & MAINTENANCE COST OF SALES -BEER COST OF MIX & SOFT DRINKS OPERATING SUPPLIES RECREATION ACTIVITY FEES FREIGHT CENTRAL GARAGE REPAIR UNIFORMS & PERSONAL EQUIP CENTRAL GARAGE REPAIR TRAVEL SCHOOL CONFERENCE OTHER CONTRACTUAL ACCRUED LIFE INSURANCE RECEIVED NOT VOUCHERED REPAIR & MAINTENANCE SUPPLIES COST OF SALES -BEER RECEIVED NOT VOUCHERED RENTALS PROFESSIONAL SERVICES UTILITIES RECEIVED NOT VOUCHERED PRINTING & PUBLISHING TRAVEL SCHOOL CONFERENCE OPERATING SUPPLIES COMMUNICATIONS COST OF SALES -WINE EQUIPMENT PARTS RENTALS OTHER CONTRACTUAL U� L� 165542 165543 165544 165545 165546 165547 165548 165549 165550 165551 165552 165553 165554 165555 165556 165557 165558 165559 165560 165561 165562 165563 165564 165565 165566 165567 165568 165569 165570 165571 165572 165573 165574 165575 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 1,658.17 23.00 23.00 1,015.98 249.00 125.00 200.00 57.95 3,132.60 125.00 180.00 69.47 5,157.00 236.54 367.94 63.46 167.63 90.28 37.00 9,217.04 141.85 4,095.00 306.00 14,400.48 50.32 1,483.75 77.11 1,750.00 57.95 5.23 14.42 8,679.56 1,521.25 241.94 MINNESOTA CHIEFS OF POLICE ASS MINNESOTA DEPT OF HEALTH MINNESOTA DEPT OF HEALTH MINNESOTA DEPT OF MOTOR VEHICL MINNESOTA LAWYER MINNESOTA POLLUTION CONTROL AG MINNESOTA RURAL WATER ASSN MINNESOTA SHREDDING MINNESOTA VALLEY TESTING LAB MOORE, ERIC NAGY, SHERRY NAME YOUR FRAME & PHOTOGRAPHY NATIONAL BARK SALES NORTHERN BUSINESS PRODUCTS NORTHERN STATES SUPPLY INC NUSS TRUCK & EQUIPMENT O'REILLY AUTO PARTS OFFICE DEPOT OFFICE OF ENTERPRISE TECHNOLOG PAUSTIS & SONS WINE CO PEARL CESKE PEAT INC. PHILIPS HEALTHCARE PHILLIPS WINE & SPIRITS PHYSICIANS MEDICAL IMAGING & S PLAISTED COMPANIES POSITIVE ID INC POSTMASTER PRINCE OF PEACE SENIOR APT INC PRO -BUILD QUADE ELECTRIC QUALITY WINE & SPIRITS CO. R.J.L. TRANSFER RAMY TURF PRODUCTS MISCELLANEOUS LICENSES & TAXES LICENSES & TAXES MACHINERY & EQUIPMENT DUES & SUBSCRIPTIONS OTHER CONTRACTUAL DUES & SUBSCRIPTIONS REFUSE - RECYCLING OTHER CONTRACTUAL UNIFORMS & PERSONAL EQUIP OTHER REVENUES OPERATING SUPPLIES RECEIVED NOT VOUCHERED OFFICE SUPPLIES SMALL TOOLS EQUIPMENT PARTS CENTRAL GARAGE REPAIR OFFICE SUPPLIES TELEPROCESSING EQUIP COST OF SALES-WINE CONTRACT REPAIR & MAINTENANCE SAFETY SUPPLIES COST OF SALES -BEER SAFETY SUPPLIES RECEIVED NOT VOUCHERED MISCELLANEOUS POSTAGE CONTRACT REPAIR & MAINTENANCE REPAIR & MAINTENANCE SUPPLIES REPAIR & MAINTENANCE SUPPLIES COST OF SALES - LIQUOR FREIGHT LANDSCAPE MATERIALS 165576 5/24/2011 280.82 REFLECTIVE APPAREL FACTORY INC SAFETY SUPPLIES 165577 5/24/2011 20,606.52 REINER ENTERPRISES, INC FREIGHT - IN 165578 5/24/2011 450.44 SCENIC VALLEY WINERY COST OF SALES -WINE 165579 5/24/2011 1,534.39 SCHMELING OIL CO MOTOR FUELS & LUBRICANTS 165580 5/24/2011 12,435.46 SCHOOL DIST# 423 OTHER REVENUES 165581 5/24/2011 2,500.00 SCOTT EQUIPMENT CO PROFESSIONAL SERVICES 165582 5/24/2011 64.20 SCOTT S WINDOW CLEANING SERVIC CONTRACT REPAIR & MAINTENANCE 165583 5/24/2011 13,000.00 SEAN UNDAHL CONSTRUCTION HOUSING REHAB LOANS 165584 5/24/2011 56.54 SEBORA, MARC TRAVEL SCHOOL CONFERENCE 165585 5/24/2011 300.00 SHAW, KAREN PROFESSIONAL SERVICES 165586 5/24/2011 350.00 SOTA TRAVEL SCHOOL CONFERENCE 165587 5/24/2011 1,032.00 SOUTHERN WINE & SPIRITS OF MN COST OF SALES -WINE 165588 5/24/2011 2,279.95 SPRINT COMMUNICATIONS 165589 5/24/2011 124.00 SPS COMMERCE 165590 5/24/2011 29.21 ST. JOSEPH'S EQUIPMENT INC RECEIVED NOT VOUCHERED 165591 5/24/2011 74.82 STANDARD PRINTING OFFICE SUPPLIES 165592 5/24/2011 1,728.57 STAPLES ADVANTAGE COPY SUPPLIES & PAPER 165593 5/24/2011 92.00 STARKE, MELISSA OTHER REVENUES 165594 5/24/2011 424.20 STRATEGIC EQUIPMENT OPERATING SUPPLIES 165595 5/24/2011 4,887.60 SUNCOAST GARDEN PRODUCTS, INC. 165596 5/24/2011 591.50 SVE PORTABLE ROADWAY SYSTEMS 165597 5/24/2011 20.00 TAPS- LYLESCHROEDER PROFESSIONAL SERVICES 165598 5/24/2011 13.12 TEK MECHANICAL REPAIR & MAINTENANCE SUPPLIES 165599 5/24/2011 420.00 TKO WINES COST OF SALES -WINE 165600 5/24/2011 331.50 TOTAL FIRE PROTECTION CONTRACT REPAIR & MAINTENANCE 165601 5/24/2011 13.98 TOWN & COUNTRY TIRE CENTRAL GARAGE REPAIR 165602 5/24/2011 199.91 TRI COUNTY WATER EQUIPMENT PARTS 165603 5/24/2011 110.00 TRICK & SHEER CONSTRUCTION MACHINERY & EQUIPMENT 165604 5/24/2011 220.44 TWIN CITY FILTER SERVICE INC REPAIR & MAINTENANCE SUPPLIES 165605 5/24/2011 170.07 TWO WAY COMMUNICATIONS INC CONTRACT REPAIR & MAINTENANCE 165606 5/24/2011 160.00 UNIVERSITY OF MINNESOTA TRAVEL SCHOOL CONFERENCE 165607 5/24/2011 516.40 UPSTART OPERATING SUPPLIES 165608 5/24/2011 3.21 UPSTART OPERATING SUPPLIES 165609 5/24/2011 3,176.51 USPS - HASLER POSTAGE 165610 5/24/2011 10.58 165611 5/24/2011 6,240.92 165612 5/24/2011 1,238.95 165613 5/24/2011 993.92 165614 5/24/2011 300.00 165615 5/24/2011 1,624.09 165616 5/24/2011 6,387.80 165617 5/24/2011 60.00 165618 5/24/2011 2,500.00 165619 5/24/2011 605.70 165620 5/24/2011 35.00 165621 5/24/2011 8,084.00 165622 5/24/2011 120.00 165623 5/24/2011 26,407.55 165624 5/24/2011 510.00 165625 5/24/2011 4,382.15 165626 5/24/2011 100.00 165627 5/24/2011 779.38 165628 5/24/2011 838.05 165629 5/24/2011 390.64 165630 5/24/2011 23.00 165631 5/24/2011 110.00 587,475.36 Payment Instrument Totals Check Total 587,475.36 Total Payments 587,475.36 VALLEY NATIONAL GASES LLC VIKING BEER VIKING COCA COLA VINOCOPIA INC WADENA COUNTY COURT ADMIN WASTE MANAGEMENT OF WI -MN WEBB PALLET WELCOME NEIGHBOR WELLS FARGO INSURANCE SERVICES WEST PUBLISHING PAYMENT CTR WHITTINGTON, EMILY WINE COMPANY, THE WINE MERCHANTS INC WIRTZ BEVERAGE MINNESOTA WM MUELLER & SONS WORK CONNECTION, THE WRIGHT, LEE XEROX CORP ZEP MANUFACTURING CO ZIEGLER INC ZWILLING, TROY INTERNATIONAL ECON DEV COUNCIL Grand Total RENTALS COST OF SALES -BEER FOOD PRODUCTS- CONCESSION COST OF SALES- LIQUOR OTHER REVENUES REFUSE - RECYCLING RECEIVED NOT VOUCHERED ADVERTISING PROFESSIONAL SERVICES OPERATING SUPPLIES RECREATION ACTIVITY FEES COST OF SALES -WINE COST OF SALES-WINE FREIGHT STREET MAINT.MATERIALS OTHER CONTRACTUAL UNIFORMS & PERSONAL EQUIP COPY MACHINE EQUIPMENT PARTS CONTRACT REPAIR & MAINTENANCE LICENSES & TAXES MISCELLANEOUS PAYROLL ELECTRONIC FUNDS TRANSFERS PAYROLL DATE: 05/20/2011 Period Ending Date: 05/14/2011 $50,081.76 IRS - Withholding Tax Account Federal Withholding Employee /Employer FICA Employee /Employer Medicare $10,195.89 MN Department of Revenue State Withholding Tax $37,350.78 Public Employee Retirement Association Employee/Employer PERA/DCP Contributions $2,484.83 TASC Employee Flex Spending Deductions $5,688.76 TASC Employee Deductions Health Savings Account $475.00 MNDCP Employee Contributions - Deferred Comp $1,115.00 ING Employee Contributions - Deferred Comp $1,230.00 ICMA Retirement Trust Employee Contributions - Deferred Comp $701.88 MN Child Support System Employee Deductions $0.00 MSRS - Health Savings Plan Employee Deductions to Health Savings Plan $109,323.90 Total Electronic Funds Transfer v) ELECTRONIC FUNDS TRANSFERS 5/24/2011 TAX FUND PAYABLE TO AMOUNT FUEL HATS MN DEPT OF REV $1,518.00 SALES TAX LIQUOR MN DEPT OF REV $36,998.00 USE TAX PRCE CIVIC ARENA MN DEPT OF REV $559.00 SALES & USE TAX WATER SEWER CREEKSII MN DEPT OF REV $10,865.00 r TO: Mayor & City Council FROM: Kent Exner, City Engineer John Paulson, Environmental Specialist RE: Public Hearing to Consider Comments on the Storm Water Pollution Prevention Plan (SWPPP) for the City of Hutchinson DATE: May 17, 2011 Per requirements of the MPCA whom administer the National Pollution Discharge Elimination System (NPDES) Phase II permit, the City must have a Public Hearing and consider comments prior to submitting the Storm Water Pollution Prevention Plan (SWPPP) Annual Report for 2010. This regulation applies to all cities that are determined to have and maintain a Municipal Separate Storm Sewer System (MS4). Public comment and testimony will be received at this hearing. We recommend approving the attached Draft SWPPP Annual Report for 2010 as required by the MS4 Permit. cc: Jeremy Carter — City Administrator L(A) O ft, Minnesota Pollution Control Agency Control Annual Report for 2010 520 tafayene Road North ManlelPW Separate storm SeM/er systems (111118") StPaud,MNSS15s -4194 Reporting period January 1, 2010 to December 31, 2010 Due June 30, 2011 Doc Type: Permitting Annual Report Instructions: By completing this mandatory MS4 Annual Report form, you are providing the Minnesota Pollution Control Agency (MPCA) with a summary of your status of compliance with permit conditions, including an assessment of the appropriateness of your identified best management practices (BMPs) and progress towards achieving your identified measurable goals for each of the minimum control measures as required by the MS4 Permit. If a pernittee determines that program status or compliance with the permit can not be adequately reflected within the structure of this forth additional explanation and/or information may be referenced in an attachment. This forth has significant limitations and provides only a snap shot of MS4 compliance with the conditions in the Permit. After reviewing the information, MPCA staff may need to contact the permittes to clarify or seek additional information. The MPCA enforcement policy is to provide the opportunity to respond to any alleged violations before any enforcement action is taken. Submittal: This MS4 Annual Report must be submitted electronically to the MPCA using the submit button at the end of the form, from the person that is duly authorized to certify this form. All questions with an asterisk (`) are required fields (these fields also have a red border), and must be completed before the forth will send. A confirmation e-mail will be sent in response to electronic submissions. To obtain an electronic copy of the 2010 MS4 Annual Report forth, please visit the MPCA website at: httD: / /www. oca. state.mn. us/ water /stornwater /stomrwater -ms4. html If you have further questions, please contact one of these MPCA staff members (toll -free 800- 6573864): • Joyce Cieluch 218 -846 -7387 • Scott Fox 651 - 757 -2368 • Amy Garcia 651 - 757 -2377 General Contact Informa (`Required fields) `Name of MS4: City of Hutchinson 'Contact name: Kent Exner 'Mailing address: 111 Hassan Street SE `City: Hutchinson State: Minnesota `Zip code: 55350 `Phone (including area code): 320.234.4212 `E -mail: kexneraci.hutchinson.mn.us ❑ Check here if this contact information is different than the contact indicated on the mailing lapel. Minimum Control Measure 1: Public Education and Outreach [V.G.1) ('Required fields) A. The permit requires each Pennittee to implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stornwater discharges on water bodies and steps that the public can take to reduce pollutants in stornwater runoff. [Part V.G.1.aj Note: Please indicate which of the following distribution methods you used during the 2010 calendar year. Indicate the number distributed in the spaces provided (enter "0" if the method was not used or "NA" if the data does not exist): Media Number of media Number of times published Circulation/ Audience Example: Brochures: 3 different brochures published 5 times about 10 Brochures: 3 different brochures 4 250 Newsletter: Posters: 1 page In PRCE booklet 1 5000 Newspaper articles: Utility bill inserts: 1 bill insert 1 14200 Radio ads: Television ads: Cable Access Channel: 2 HCTV ads Ran daily for year 6000 Other. Storndrein Markers 1 Other: Construction permit handout 1 1 15 Other: P2/Good Housekeeping posters 5 1 50 www.pca.state.mn.us • 651- 296.6300 • 800- 657 -3864 TTY 651.282.5332 or 800 -657 -3864 • Available in alternative formats wq- strrM -06 • 1126111 psge 1 of 5 B. 'Do you use a website as a tool to distribute stormwater educational materials? What is the URL: http: /twww.ci. hutchinson .mn.us /stormwater.htmi C. If you answered yes in question B. above, do you track hits to the site? How many hits to the stornwatar page during 2010: 232 ® Yes ❑ No ® Yes ❑ No D. *Did you hold stormwater related events, presentations to schools or other such activities? © Yes []No If yes, please describe: Worked with the Hutchinson High School Ecology class to reinstall storm drain markers in the northwestern downtown area. E. 'Have specific messages been developed and distributed during the 2010 calendar year for Minimum Control Measure (MCM): MCM 1: ® Yes ❑ No MCM 2: ® Yes ❑ No MCM 3: ® Yes ❑ No MCM 4: ® Yes []NO MCM 5: ® Yes ❑ No MCM & ® Yes ❑ No F. 'Have you developed partnerships with other MS4s, watershed districts, local or state © Yes ❑ No governments, educational institutions, etc., to assist you in fulfilling the requirements for MCM 1? G. List those entities with which you have partnered during the 2010 calendar year to meet the requirements of this MCM and describe the nature of the agreemengs). Attach a separate sheet if necessary: The city has no formal agreements with other entitles to fulfill our permit requirements. We actively work with the C.R.O.W., City of Mankato, MCSC, South Fork Crow River Organization of Water to aid one another with efforts. There currently Is a group of MS4 communities in southern MN that are planning to begin meeting annually to discuss what works and obstacles that we have encountered in our programs. H. `Have you developed methods to assess the effectiveness of your public aducationloutreach ® Yes ❑ No program? If yes, please describe: The program is evaluated through feedback received from the public throughout the year. We are able to evaluate whether the message Is being received and how It is being implemented by the residents. Ex, demand for BMP's such as rain barrels has increased. Minimum Control Measure 2: Public Participation /Involvement [V.G.2] ( " Required fields) A. 'Did you hold a public meeting to present accomplishments for calendar year 2010 and to ® Yes []No discuss your Stormwater Pollution Prevention Program (SWPPP)? [Part V.G.1.e] If no, explain: B. What was the date of the public meeting: 05124 C. How many cifizens attended specifically for stormwater 0 (excluding board/council members and staff /hired consultants)? D. Was the public meeting a stand -alone meeting for stormwater or was it combined with some ❑ Stand -alone other function (City Council meeting, other public event, etc.)? ® Combined E. 'Each pernittee must solicit and consider input from the public prior to submittal of the annual ❑ Yes ®No report. Did you receive written and /or oral input on your SWPPP? [Part V.G.2.b.1 -3] F. 'Have you revised your SWPPP in response to written or oral comments received from the ❑ Yes ®No public since the last annual reporting cycle? [Part V.G.2.c] If yes, describe. Attach a separate sheet if necessary: Minimum Control Measure 3: Illicit Discharge Detection and Elimination [V.G.3] ('Required fields) The permit requires perrnitte e; to develop, implement, and enforce a program to detect and eliminate illicit discharges as defined in 40 CFR 122.28(b)(2). You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure. www.pca.state.mn.us 651. 296.6300 800- 657 -3864 TTY 651- 282 -5332 or 800- 657.3864 • Available In altemative formats wq- strm4 -06 • 1126111 Page 2 of 5 4- A. 'Did you update your storm sewer system map in 2010? If yes, please explain which components (ponds, pipes, outfalls, waterbodies, etc.) were updatedladded: All components are reviewed annually for additions and removals from the map. As components are inspected and the system Information is updated the system map is charged to reflect these updates. Note: The stone sewer system map was to be completed by June 30, 2008. [Part V.G.3.a] Number of actions B. 'Have you modified the format in which the map is available? ❑ Yes ® No C. If yes, indicate the new format: IM Notice of violation ❑ Hardcopy only ❑ GIS system ❑ CAD ❑ Other system: 4 D. 'Have you established an ordinance or other regulatory mechanism to prohibit illicit discharges ® Yes ❑ No and/or non- stormwater discharges from entering the MS4? x Stop-work orders Note: The Permit requires the ordinance or other regulatory mechanism to be established by 0 June 30, 2010 [Part V.G.3.b] # If yes, indicate whether you've established an: ® Ordinance or ❑ Regulatory mechanism Forfeit of securi of bond money E. If you answered yes in question D. above, provide the date the ordinance or other regulatory 04/24/2007 mechanism was adopted: # F. If you answered yes in question D. above, a complete copy of your illicit discharge prohibition Criminal actions ordinance or other regulatory mechanism addressing the requirements of Part V.G.3.b. of the 0 Permit must be submitted with this MS4 Annual Report Please provide the URUreference # where your illicit discharge ordinance or other regulatory mechanism may be found. Include ❑ Other: -_ specific code numbers if available: http:f/www.ci. hutchinson. mn .uslpdf /Stornwater0rdinance.pdf The ordinance may alternately be submitted as a separate electronic file attached to the e-mail ® Yes ❑ No submittal of this annual report. Are you submitting an electronic copy? Minimum Control Measure 4: Construction Site Stormwater Runoff [V.G.4] ('Required fields) The permit requires that each pernittee develop, Implement, and enforce a program to reduce pollutants in any stormwater runoff to your small MS4 from construction activities within your jurisdiction that result in a land disturbance of equal to or greater than one acre, including the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb one or more acres. [Part V.G.4] A. The permit requires an erosion and sediment control ordinance or regulatory mechanism that must include sanctions to ensure compliance and contains enforcement mechanisms [Part V.G.4.a]. Indicate which of the following enforcement mechanisms are contained in your ordinance or regulatory mechanism and the number of actions taken for each mechanism used during the reporting period (enter "0• if the method was not used or "NA' it the data does not exist). Check all that apply. Enforcement mechanism Number of actions 91 Verbal warnings # 10 IM Notice of violation # 4 Administrative orders # NA x Stop-work orders # 0 Fines # NA Forfeit of securi of bond money # NA Iffl Withholding of certificate of occupancy # 0 Criminal actions # 0 IM Civil penalties # 0 ❑ Other: -_ # B. - Have you developed written procedures for site inspections? IN Yes ❑ No www.pca.state.mn.us wq- stnM -06 • 1126111 651 -296 -6300 • 800-657 -3864 TTY 651 -282 -5332 or 800- 657.3864 • Available in alternative formats Pape 3 of 5 9 bt-) C. `Have you developed written procedures for site enforcement? D. "Identify the number of active construction sites greater than an acre in your jurisdiction during the 2010 calendar year. ® Yes ❑ No E. 'On average, how frequently are construction sites inspected (e.g., weekly, monthly, etc.)? Monthly F. 'How many inspectors, at any time, did you have available to verify erosion and sediment control compliance at construction sites during the 2010 calendar year: Minimum Control Measure 5: Post - construction Stormwater Management in New Development and Redevelopment [V.G.5] ('Required fields) The permit requires each permittee to develop, implement, and enforce a program to address stormwater runoff from new development and redevelopment projects within your jurisdiction that disturb an area greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or reduce water quality impacts. You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure. Note: The MS4 permit requirements associated with this minimum control measure were required to be fully developed and implemented by June 30, 2008. A. 'Have you established design standards for stormwater treatment BMPs installed as a result of ® Yes ❑ No postconstruction requirements? B. *Have you developed procedures for site plan review which incorporate consideration of water ® Yes ❑ No quality impacts? C. 'How many projects have you reviewed during the 2010 calendar year to ensure adequate long- term operation and maintenance of permanent stormwater treatment BMPs installed as a result of post- construction requirements? (Part V.G.5.b.and Part V.G.5.ci. a D. 'Do plan reviewers use a checklist when reviewing plans? ® Yes ❑ No E. "How are you funding the long -term operation and maintenance of your stormwater management system? (Check all that apply) ❑ Grants ICJ Stormwater utility fee ❑ Taxes ❑ Other: Minimum Control Measure 6: Pollution Prevention /Good Housekeeping for Municipal Operations [V.G.6] ('Required fields) The permit requires each MS4 to develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Your program must include employee training to prevent and reduce stormwater pollution from activities, such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and stormwater system maintenance. A. "Indicate the total number of structural pollution control devices (for example -grit chambers, sumps, flostable skimmers, etc.) within your MS4, the total number that were inspected in 2010, and calculate the percent inspected. Enter "0' if your MS4 does not contain structural pollution control devices or none were inspected in 2010. Enter "NA' if the data does not exist: B. 'Did you repair, replace, or maintain any structural pollution control devices? C. 'For each BMP below, indicate the total number within your MS4, how many of each BMP type were inspected and the percent inspected in 2010. Enter "0' if your MS4 does not contain BMPs or none were inspected in 2010. Enter "NA' if the data does not exist Structure/Facility 'Total number *Number Inspected *Percentage 'Outfalls to receiving waters: 71 18 25 *Sediment basins/ponds: 47 11 23 'Total 118 29 25 ® Yes ❑ No www.pca.state.mn.us • 651 -2% -6300 • 800. 657 -3864 Trr651- 282- 5332or800.657 -3864 • Available in attemattve formats wq- strm4 -06 • 1126111 Po-4-f5 9 D. Of the BMPs inspected in C. above, did you include any privately owned BMPS in that number? []Yes ® No E. If yes in D. above, how many? Section 7: Impaired Waters Review ('Required fields) The permit requires any MS4 that discharges to a Water of the State, which appears on the current U. S. Environmental Protection Agency (EPA) approved list of impaired waters under Section 303(d) of the Clean Water Act, review whether changes to the SWPPP may be warranted to reduce the impact of your discharge (Part IV.D]. A. 'Does your MS4 discharge to any waters listed as impaired on the state 303 (d) list? [R Yes ❑ No B. 'Have you modified your SWPPP in response to an approved Total Maximum Daily Load (TMDL)? ❑ Yes IN No If yes, indicate for which TMDL: Section 8: Additional SWPPP Issues (*Required fields) A. 'Did you make a change to any BMPS or measurable goals in your SWPPP since your last report? [Part V. H.) B. If yes, briefly list the BMPs or any measurable goals using their unique SWPPP identification numbers that were modified in your SWPPP, and why they were modified: (Attach a separate sheet if necessary) C. 'Did you rely on any other entities (MS4s, consultants, or contractors) to implement any portion of your SWPPP? If yes, please identify them and list activities they assisted with: ❑ Yes ®No Owner or Operator Certification ('Required fields) The person with overall administrative responsibility for SWPPP implementation and Permit compliance must certify this MS4 Annual Report This person must be duly authorized and should be either a principal executive (i.e., Director of Public Works, City Administrator) or ranking elected official (i.e., Mayor, Township Supervisor). ® 'Yes - I car* under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel property gathered and evaluated the information submitted. Based on my inquiry of the person orpersons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). t am aware that there are significant penalties for submitting false information, inducting the possibility of fine and imprisonment (Minn. R. 7001.0540). 'Name of certifying official: Kent 'Title: Director of Public Works 'Date: (mmrddyyyy) www.pca.state.mn.us • 651 - 296.6300 • 800- 657.3864 TTY 651 - 252.5332 or 800- 657 -3864 Available in attemattve formau wq- strm4 -06 • 1126111 \\ Ptw 5 of 5 Hutc hinson A rea Health Care Hutchinson C'ammunuty Hospital Burns Manor, ursing Home • Uassel Medical Center 1095 Highway 15 South Hutchinson, MN 55350 (320) 234.5000 May 18, 2011 City Council Members City of Hutchinson 111 Hassan St SE Hutchinson, MN 55350 Re: Hutchinson Health Care Board /CEO Letter pursuant to Lease reoardino Events of Default Dear Council Members: On behalf of the Board of Directors of Hutchinson Health Care, a Minnesota nonprofit corporation doing business as Hutchinson Area Health Care ( "HAHC "), we hereby state that nothing has come to our attention to indicate that an Event of Default (as defined in that certain Lease and Agreement between the City of Hutchinson and Hutchinson Health Care dated December 31, 2007 (the "Lease ") has occurred that has not been cured pursuant to Section 20.1 of the Lease. Yours very truly, Sever B. Knutson Chair of Board, Hutchinson Health Care Steven Mulder, MD Chief Executive Officer Hutchinson Health Care mit HUTCHINSON AREA HEALTH CARE 2010 Annual Standard Report to City of Hutchinson In accordance with the terms of the Lease and Agreement between the City of Hutchinson and Hutchinson Health Care dated December 31, 2007 (the "Lease'), and the Amended and Restated Bylaws of Hutchinson Health Care effective the same date (the "Bylaws "), Hutchinson Health Care d/b /a Hutchinson Area Health Care (the "Hospital ") hereby reports and certifies as follows: 1. Compliance with Operating Parameters (see Bylaws, Exhibit A): Section A (1) Maximum Annual Debt Coverage Ratio of at least 1.3 times 2010 Performance: 2.74 times The Hospital has ® satisfied / ❑ not satisfied this parameter. (2) Cash to Debt Ratio of at least 50 percent 2010 Performance: 140 percent The Hospital has ® satisfied / ❑ not satisfied this parameter. (3) Days Cash on Hand of 60 days 2010 Performance: 150 days The Hospital has ® satisfied / ❑ not satisfied this parameter. ' "Net Revenues for a Fiscal Year divided by the Maximum Annual Principal and Interest Requirement due in future fiscal years. The ratio is to be computed based on this corporation's audited financial statements. For any computation that requires reference to one or more Fiscal Years prior to the effective date of the Lease Agreement, the ratio is to be computed using the Net Revenues and Maximum Principal and Interest Requirement from the applicable Fiscal Year audited financial statements of the City enterprise Hutchinson Area Health Care." 2 "For any Fiscal Year, shall mean the ratio of (1) Unrestricted Liquid funds of the corporation to(2) the Long -Term Debt less cash or investments restricted under any Indenture (that has been excluded from Unrestricted Liquid Funds) of the corporation, all as shown in the audited financial statements of the corporation for any Fiscal Year. ' "ITlhe result of dividing the Unrestricted Liquid Funds of the corporation by daily operating expenses. Daily operating expenses is computed by dividing Total Operating Expenses less depreciation and amortization expense for such Fiscal Year by the number of days in that Fiscal Year," I , (4) Operating Margin of at least 1.5 percent in at least 1 of the last 2 Fiscal Years 2010 Performance: 1.8 percent Prior Year's Performance (2009): 4.8 percent The Hospital has ® satisfied / ❑ not satisfied this parameter. Section B (1) Maximum Annual Debt Coverage Ratio of at least 1.15 times in at least 1 of the last 3 Fiscal Years 2010 Performance: 2.74 times Prior Year's Performance (2009): 3.34 times Next Prior Year's Performance (2008): 3.28 times The Hospital has ® satisfied / ❑ not satisfied this parameter. (2) Cash to Debt Ratio of at least 30 percent 2010 Performance: 140 percent The Hospital has ® satisfied / ❑ not satisfied this parameter. (3) Days Cash on Hand of 45 days 2010 Performance: 150 days The Hospital has ® satisfied / ❑ not satisfied this parameter. (4) Operating Margin of at least 1.5 percent in at least l of the last 3 Fiscal Years 2010 Performance: 1.8 percent Prior Year's Performance (2009): 4.8 percent Next Prior Year's Performance (2008): 4.3 percent The Hospital has ® satisfied / ❑ not satisfied this parameter. ' "The sum of Total Operating Revenues less Total Operating Expenses divided by Total Operating Revenues for a Fiscal Year. The ratio is to be computed based on this corporation's audited financial statements. For the two Fiscal Years immediately after the effective date of the Lease Agreement, the prior year(s) ratio is to be computed using the Total Operating Revenues and Total Operating Expenses from the applicable Fiscal Year audited financial statements of Hutchinson Area Health Care." ' "Each 12 month period ending on the date specified in the Bylaws of this corporation. Currently, the fiscal year ends on December 3 1." II. Compliance with Lease Reporting Requirements (see Section 18.13 of Lease): A. Checklist of documentation to be delivered to the City: (1) 2010 audited financial statements: ❑ Attached ® E- mailed 05/17/ 2011 to Jeremy Carter (2) Proof of continued health care accreditation(s): 2008 -11 Certificate of Joint Commission Accreditation: Burns Manor Nursing Home Licensing and Certification ® Attached ❑ Delivered _/ —/ _ (3) Board/CEO letter regarding Events of Default: ® Attached ❑ Delivered / _/ _ (4) Documents provided to and from Moody's, Standard & Poor's, and like agencies evaluating the financial and operating performance of the Hospital or the Health Care System: ❑Attached ❑ Delivered / _/ _ ® Not applicable for 2010 fb.m 307946201 M. Hutchinson Area Health Care Hutchinson, MN has been Accredited by f== '° Mr The Joint Commission Witich Nwlsur eyed chi, orRanuation and found it u) m= the. requirements for the I lospital Accreditation Program November 25, 2008 Acciv is c ustoryuu ij y -.did for tip M 39 months. Fnvjuan : s T% :M ' vnJILIa, h'xIV tt"der "d q' : u , "f iuehh cure and j"O'IjCj ;LI wrm>hw%l aP-If XrMi4l" 'IIPniwr, may 1w pmvslad dimfly .41 ! 7 `na rMNiaw wCMIMOM and the acc.rmUranan purfixtrzate ti i rhrmrah TIAt J,n,, Cv,n7ninion', wch Mc a wwwlointwnituwwrAra. a = S Pmfscff MaeftWgnpWid aaprovinp Tee Hearsr ofAftwwtaw Medicare Provider # 24 -5114 October 29, 2010 Ms, Linda KrenU, Administrator Bums Manor Nursing Home 135 North High Drive Hutchinson, Minnesota 55350 Dear Ms. Krentz: The Minnesota Departarent of Health assists the Centers for Medicare and Medicaid Services (CMS) by surveying skilled mmnng faeftes and nursing facilities to determino whether they meet the requirements for participation. To participate as a skilled nursing facility in the Medicare program or as a nursing facility in the Medicaid program, a provider must be m substantial compliance with each of the requirements established by the Secretary of Health and Human Services found in 42 CFR part 483, Subpart B. Based upon your facility being in substantial compliance, we ate recommending to CMS that your facility be recertified for participation in tfre Medicare and Medicaid program. Effective September 12, 2010 the above facility is certified for. 120 Skilled Nursing Facility/Nursing Facility Beds T/T Your facility's Medicare approved arcs consists of all 120 skilled Wareing facility beds. We have recommended CMS approve the waivers that you requested for the following Life Safety Code Requirements: K67. Ifyom are not in compliance with the above requirvm" at the trme of your next survey, you will be required to submit a Plan of Cornc6on for this deficiency or renew year request for waiver in order to continue your participation in the Medicare Program You should advise our office of any changes in staffing, services, or organization, which might affect your certification statim It; at the time of your next survey, we find your facility to not be in substantial compliance your Medicare and Medicaid provider agreeimew Way be subject to nom - renewal or termination. Garad Twos: (651) 201 -3m +TDDMfY: (651) 201 -5797' 16iaaeeora FW* Sa-4= (UM 627 -3329 WWWAROOLMeLM.W Sw Oiwdom to sw of ft 1DH loodkor, ca (401) 2x1.3= • An Equa OPpmtAlftSFAPlayw ZOOSb£ZOZ£ UOTaD33BTUTWd]H HN1(9 KV TO :OT T TOZ/-91 -ACR Bum Manor Nsg Home Ocwber 29, 2010 Page 2 Please oontw i me if you have any q=dom �M I M Colleen B. Leech. Pmgmm Speowist Program Amuraaoo Urdt 14con9mg and Cartification Prog= Division of Compliance Momwting Minesola Department of Health P.O. Sox 64900 $t Paul, MN 55164 -0900 Telephone #: (651)2014117 Fax #: (651)215 -9697 cc Licensing and Certification File T/T ZOOSb£ZOZ£ UOT4ns4eTurmpV HKHS Hd ZO'OT TTOZ- 6T -AOW gL- Planning, Zoning, and Building Dept. Monthly Report March 2011 Building Department Permit Activities Planning. Zoning, and Building Department — Other Activities Facilities Management/Maintenance Activities: Evergreen Meals served in March, 2011 Park Week Of Hutchinson Towers 312010 Glencoe t .. 2010 Year to Date ZQ 1 YqartQ Date Total Number Inspections 138 57 294 188 Building Permits Issued by Type Number of Permits & Valuation Number of Permits & Valuation Year to Date Number Permits & Valuation Year to Date Number Permits & Valuation Commercial new 0 0 0 0 Commercial Additions/ Remodels 5—$333,500 6 - $99,100 16 — $1,080,395 18 - $174,100 Industrial new 0 0 0 0 Industrial Additions /Remodels 0 0 0 0 Fire Sprinkling 1 - $36,200 0 2-$44,200 1 -$134,800 Total New Residential Units (Single Family, twins, townhomes) 0 0 0 0 Residential misc. additions, repairs, remodels, etc 7—$49,000 10 - $69,500 13-$67,525 24 - $143,000 Set fee permits reside, reroof, window replacement, misc. * 38 10 52 29 HRA Building Permits 133 0 1 Subtotal Building Permits: $418,700 $168,600 $1,192,120 $ 451,900 Mechanical 28—$87,031 12 54 - $215,031 45-$60,531 Plumbing* 9 5 17 12 Signs* 7—$52 7 10-$52 23 Total Permits issued and valuation 95 - $505,783 50 - $168,600 164 - $1,407,203 153 - $512,431 * Set fees not included in valuation Planning. Zoning, and Building Department — Other Activities Facilities Management/Maintenance Activities: Evergreen Meals served in March, 2011 Park Week Of Hutchinson Towers Silver Lake Glencoe Brownton Stewart 3/1/ -3/4 183 137 62 137 25 39 317 -3/11 151 169 91 169 29 55 3/14 -3/18 139 162 75 157 27 51 3/21 -3/25 123 131 52 130 18 42 3/28- 111 139 54 133 27 38 Total 707 738 334 7261 1261 225 Total Meals served in March - 2,856 Sites were closed March 23 Other Building Inspection Activities: Attended the 10K Education class March 29 and 301h. Planning, Zoning, and Building Dept. Monthly Report for March, 2011 Page 2 Planning and Zoning Monthly Activities Month/Year: March, 2011 Activity Number Additional Info. Zoning Review of Building Permits 0 Zoning Review of Sign permits 7 2 -Sally Beauty signs 1- Shamrock Inn 2- banner signs 2-portable temporary signs Planning /Zoning Applications Provided 3 Outdoor storage and display: Fahey Sales Menards Amend Zoning Ordinance Sec 154 and 155 Predevelopment Meetings/ 2 HAHC — Lot Split Pre-application Assistance 1189 Oakwood Crt - CUP Planning Commission Applications 4 with 3 amendments Garden Centers at: Processed to the Zoning Runnings Ordinance Walmart Shopko The Plant Place at Cashwise Joint Planning Applications 1 Sketch plan for 5 lot plat — Marc Reviewed and Processed Girard Zoning Enforcement 1 400 Lynn Road Misc. Meetings Attended 11 Planning staff, Dept. staff meetings, Resource allocation, 400 Lynn Rd, Flood Response Preparation meeting, Public Arts meeting, Met with surveyor, Comp Plan kick -off meeting, Noise Violation Meeting (2) Planning, Zoning, and Building Dept. Monthly Report April 2011 Building Department Permit Activities Evergreen Meals served in April, 2011 4/2010 '62 2010 Year to Date 4_2 vy Total Number Inspections 170 92 420 280 Building Permits Issued by Type Number of Permits & Valuation Number of Permits & Valuation Year to Date Number Permits & Valuation Year to Date Number Permits & Valuation Commercial new 0 1 - $1,450,000 1 -$15,000 1-$1,450,000 Commercial Additions/ Remodels 6-$89,000 5-$53,000 14 - $699,600 23-$227,100 Industrial new 0 0 0 0 Industrial Additions/Remodels 0 0 0 0 Fire Sprinkling 1-$950 0 4-$36,623 1-$134,800 Total New Residential Units (Single Family, twins, townhomes) 1-$203,000 0 0 0 Residential misc. (additions, repairs, remodels, etc) 25 - $117,290 21-$115,642 18 - $154,810 45-$258,642 Set fee permits (reside, reroof, window replacement, misc.)* 63 46 109 75 HRA Building Permits 3-$200,000 4-$200,000 Subtotal Building Permits- $410,240 $1,818,642 $906,033 $2,270,542 Mechanical 14-$44,060 13 64 - $214,621 58-$60,531 Plumbing* 8 2 21-$13,253 14 Signs* 8-$56 1 22 24 Total Permits issued and valuation 126 - $454,356 92-$1,818,642 253 - $1,133,907 245-$2,331,073 * Set fees not included in valuation Evergreen Meals served in April, 2011 Other Building Inspection Activities: NIMS training, Attended Land Use Workshop Total WAs served in April - 2,760 Gerx:oe site dosed Ffiday, Apri 22nd (Good Friday) Brownton site dosed every Monday and Friday Other Building Inspection Activities: NIMS training, Attended Land Use Workshop Planning, Zoning, and Building Dept. Monthly Report for April, 2011 Page 2 Planning and Zoning Monthly Activities MonthNear: April, 2011 Activity Number Additional Info. Zoning Review of Building Permits 25 Zoning Review of Sign permits 1 Planning /Zoning Applications Provided 2 Conditional use permit - 1189 Oakwood Crt NW Lot split - Hutchinson Senior Care Services Predevelopment Meetings/ 3 Development review with developer Pre - application Assistance Met with Crow River Signs re: banner ordinance Met with John Korngiebel regarding 1189 Oakwood Crt. NW Planning Commission Applications Processed 3 Outdoor storage and display: -Fahey Sales - Menards Amend Zoning Ordinance Sec 154 and 155 Joint Planning Applications 0 Reviewed and Processed Zoning Enforcement Driveway Issue, Outdoor Storage 2 Complaint Misc. Meetings Attended 13 Planning staff, Dept. staff meetings. Resource allocation, NIMS training, Public Arts, Police Department Project, Nuisance Ordinance Meeting, Comp Plan Steering Committee, Reviewed driveway issue, Site visits, Shoreland Regulation Overview with Property Owners, Citizen Survey Meeting Special Activities: AICP Training, Quarterly Manager /Supervisor Safety Meeting, Land Use Training MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, April 19, 2011 Hutchinson City Council Chambers CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman John Lofdahl at 5:30 p.m. with the following members present: Chris Kovacic, Chad Czmowski, Dave Johnston, Jim Fahey and Chairman Lofdahl. Absent: Dean Kirchoff and Christie Rock Also present: Dan Jochum, Planning Director, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated March 15, 2011 Mr. Kovacic moved to approve the consent agenda as submitted. Seconded by Mr. Johnston, the consent agenda was approved unanimously 4. PUBLIC HEARINGS a) CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW AN EXISTING OUTDOOR FENCED AREA AS AN OUTDOOR STORAGE AND DISPLAY LOT FOR ONLINE AUCTIONS LOCATED AT FAHEY SALES AGENCY, 904 HWY 15 SOUTH Chairman Lofdahl opened the hearing at 5:33 p.m. with the reading of publication #7870 as published in the Hutchinson Leader on April 7, 2011. Mr. Fahey excused himself from the table. Mr. Jochum explained that last month the conditional use permits were for garden center sales and display. This month the requests are for outdoor storage and display to come into compliance with the City Code. Mr. Jochum explained the request is to allow the use of an existing outdoor fenced area as an outdoor sales lot for online auctions. He reported the fenced area is located northwest of the realty building and west of the Head Start building on the property. He commented on the fenced area being used for outdoor display long before the realty business was located on the site. He stated the property is screened and fenced to meet the requirements of the ordinance and the request does not impact traffic and circulation. He stated staff recommends approval of the request with the following conditions: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. The outdoor sales area must be located as shown on attached diagram. 3. The outdoor sales and display area must be screened from any residential zoning districts. 4. The outdoor sales lot will not have a negative impact on traffic, circulation, and parking on the site, as determined by the Planning Director and City Engineer. If there is such a time when there is found to be a negative impact on traffic, circulation, and parking on the site, 11 C'�) Minutes Planning Commission — April 19, 2011 Page 2 the conditional use permit may be revised and may be amended accordingly to address any negative impacts related to traffic, circulation and parking. 5. If the appearance of the outdoor sales area is not neat and tidy or is unsightly, as determined by the City, the conditional use permit may be revised and may be amended accordingly to address the issue. Mr. Ray Otte, 875 Lynn Rd., asked about the type of materials that will be stored in the fenced area. He also questioned the amount of extra traffic there may be to Clinton Ave. Mr. Jochum explained this use has been occurring already and the City doesn't regulate what items may be in the fence. He stated Items being auctioned online will be stored in the fenced area. Mr. Otte stated he has not noticed extra traffic in the area. Mr. Jochum stated the conditional use permit does not have to be renewed yearly. The City will require the conditions are addressed. Mr. Czmowski made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed at 5:39 p.m. Mr. Kovacic made a motion to recommend approval of the request with staff recommendations 1 -5. Seconded by Mr. Johnston, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held April 26, 2011 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE AND DISPLAYS LOCATED AT MENARDS, 1525 MONTREAL STREET S.E. Chairman Lofdahl opened the hearing at 5:40 p.m. with the reading of publication #7870 as published in the Hutchinson Leader on April 7, 2011. Mr. Jochum commented on the request for outdoor display on 15 parking spaces in the parking lot at Menards. He commented on the total number of parking spaces on the site and stated there is adequate parking at Menards and parking and circulation will not be impacted by the proposed outdoor display and sales. He commented on the analysis of the parking spaces. He explained staff suggested the 120 day limit for display. He noted this request is different than the garden center requests. Discussion followed on the difference of the garden center and outdoor display. There was also discussion of the parking space shortage. Mr. Jochum reported the use of 15 parking spaces is a minor impact on the parking lot. He stated that garden centers are seasonal and fit in the 120 day limit. The request from Menards is a year around display and is existing. Staff has not had complaints with this business. Staff would recommend approval of the request with the following recommendations noting number 2 should read outdoor storage and display: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. The number of parking spaces used for the garden center shall be limited to 15 parking spaces, as shown on the approved diagram, which is attached. 3. The outdoor sales and display area will be in operation for no more than 120 consecutive days and no structures, equipment or inventory shall be located in the area besides during the 120 days. 4. The outdoor sales display will not have a negative impact on traffic, circulation, and parking on the site, as determined by the Planning Director and City Engineer. If there is such a time when there is found to be a negative impact on traffic, circulation, and parking on the site, the conditional use permit may be revised and may be amended accordingly to address any negative impacts related to traffic, circulation and parking. 5. If the appearance of the outdoor sales display is not neat and tidy or is unsightly, as determined by the City, the conditional use permit may be revised and may be amended accordingly to address these issues. Minutes Planning Commission — April 19, 2011 Page 3 Aaron Morrissey, Menards Real Estate, questioned the 120 day maximum. He stated trailers are sold all year and he would like to continue with the trailer sales all year. He explained it is proven there is no shortage of parking on the site. He stated the City approved the number of spaces before the store was constructed. He explained only trailers will be displayed in the parking spaces and not in drive areas. Discussion followed on the 120 day limit as it pertains to this issue. Mr. Jochum stated this is a less intense use and staff would agree with year round display. Mr. Johnston made a motion to close the hearing. Seconded by Mr. Czmowski, the hearing closed at 5:53 p.m. Mr. Fahey made a motion to recommend approval of the request with staff recommendations changing number 2 to read outdoor storage and display and to modify number 3 by striking 120 days. Seconded by Mr. Johnston, discussion followed on the 120 day limit. The motion carried with Mr. Fahey, Mr. Czmowski, Mr. Johnston and Chairman Lofdahl voting aye and Mr. Kovacic voting nay. Chairman Lofdahl stated this item will be placed on the City Council regular agenda at their meeting held April 26, 2011 in the Council Chambers at 5:30 p.m. c) AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154; SECTIONS 154.004, 154.064, 154.067, 154.068, 155.03, AND 155.05 REGARDING SEXUALLY ORIENTED BUSINESSES (Tabled from March 15 Planning Commission meeting) Chairman Lofdahl opened the hearing at 5:58 p.m. with the reading of publication #7870 as published in the Hutchinson Leader on April 26, 2011. Mr. Jochum reminded the Commissioners this item was tabled from last month to review an additional section of the City Code regarding sexually oriented businesses. He stated there has been an inconsistency in the zoning ordinance between adult oriented or sexually oriented businesses. The amendment makes the City ordinances consistent. Mr. Jochum explained the amendment will add a definition for sexually oriented business. He commented the 25% is related to magazines, novelties, inventory, etc. The main purpose of the amendment is to clean up the inconsistencies and to locate sexually oriented businesses in industrial districts. Mr. Jochum commented on the changes in the Anti - blight regulations. He explained State law mandates sexually oriented business must be allowed somewhere in the City. Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Fahey, the hearing closed at 6:09 p.m. Mr. Czmowski made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Johnston, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held April 26, 2011 in the Council Chambers at 5:30 p.m. 5. NEW BUSINESS 6. OLD BUSINESS I U) Minutes Planning Commission — April 19, 2011 Page 4 7. COMMUNICATION FROM STAFF a) COMPREHENSIVE PLAN UPDATE — STEERING COMMITTEE MEETING #1 SWOT ANALYSIS Mr. Jochum updated the Commissioners on the first meetings of the Comprehensive Plan steering committee. He explained SWOT stands for Strengths, Weaknesses Opportunities and Threats. There will be a public meeting at the Events Center in May. Mr. Jochum suggested the Planning Commissioners attend as their input is important. 8. ADJOURNMENT There being no further business the meeting adjourned at 6:12 p.m. nu ) Regular Board Meeting Tuesday, April 19, 2011, 7:00 AM Minutes 1. CALL TO ORDER: Chairman Becky Felling called the meeting to order. Members Present: LaVonne Hansen, LouAnn Holmquist and Joel Kraft. Staff Present: Jean Ward and Judy Flemming. 2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON MARCH 15, 2011 LouAnn Holmquist moved to approve the Minutes of the regular board meeting as written. LaVonne Hansen seconded and the motion carried unanimously. 3. FINANCIAL REPORTS • Joel Kraft moved to approve the City Center General Fund payments for checks 7814 to 7834 for $22,651.97 and consideration of City Center March 2011 City Center Financial Statements. LouAnn Holmquist seconded and the motion carried unanimously. • LouAnn Holmquist moved to approve the Park Towers payments of $54,338.31 for checks 11509 to 11547 and consideration of Park Towers February 2011 Year End Financial Statements. LaVonne Hansen seconded and the motion carried unanimously. 4. PARK TOWERS UPDATE Jean Ward reviewed with the Board the REAC Inspection results. The HUD inspection occurred on April 15, 2011; the inspection took 4 hours. The inspector looked at the exterior of the premises, all the commons areas and 21 apartments. Preliminary it looks like the score will be over 90. When the score is over 90, inspections will only be done very three years, and Park Towers potentially will be eligible for more capital funds. 5. CONSIDERATION OF RESOLUTION #11 -05 AMENDMENT TO THE CITY OF HUTCHINSON, MN SCDP OWNER OCCUPIED HOUSING REHABILITATION PROGRAM NE NEIGHBORHOOD PROCEDURAL GUIDE Jean Ward presented to the Board the proposed amendment to the SCDP Owner Occupied Housing Rehab Program NE Neighborhood procedural guide. City wide applications will be accepted for the owner occupied rehab waiting list effective April 19, 2011. All applicants will be asked if they have been notified by the city if they are in violation of the nuisance ordinance relating to the structure of their house. If so, the applicant will be requested to provide a copy of the letter from the city. Upon determination of eligibility, a priority will be given to applicants who have been notified by the city of a nuisance violation related to the actual structure of their house. On June 1, 2011 and thereafter, once a waiting list applicant has been processed and deemed eligible, the applicant waiting list position will be locked in based on date and time of application and their priority status. LaVonne Hansen moved to approve Resolution #11 -05 Amendment to the City of Hutchinson, MN SCDP Owner Occupied Housing Rehabilitation Program NE Neighborhood Procedural Guide. Joel Kraft seconded and the motion carried unanimously. 6. CONSIDERATION OF REHAB LOANS Joel Kraft moved to approve NEN, SCDP Loan #8683 -15 Heilman, #8683 -16 Wagen, and #8683 -17 Niemeyer contingent to Loan Review Committee's approval. LouAnn Holmquist seconded and the I r motion carried unanimously. i l G) April 19, 2011 Minutes Page 1 of 2 �� UPDATE ON 400 LYNN ROAD Jean Ward updated the Board on what was happening at 400 Lynn Road. Jean contacted MHFA to see if the CRV funds could be used for just the purchase and demolition costs associated with the project. MHFA agreed CRV funds could be used for this project. LaVonne Hansen moved to approve the Purchase Contract for 400 Lynn Road per verbal agreement with Stonecrest with a purchase price of $7,000 and payoff of taxes pursuant to purchase contract review and approval by Marc Sebora, City Attorney. LouAnn Holmquist seconded and the motion carried unanimously. 8. CONSIDERATION OF SETTING HRA ENTRY COST ASSISTANCE TARGETS TO INCLUDE BOTH CASA AND MMP FIRST TIME HOMEBUYER PROGRAMS. Joel Kraft moved to approve targeting $30,000 of the HRA Entry Cost Assistance to MMP and CASA. LouArm Holmquist seconded and the motion carried unanimously. 9. OTHER - FYI a. 2011 Foreclosure Update b. American Fact Finder 2010 census information for Hutchinson 10. ADJOURNMENT Joel Kraft moved for adjournment. There being no other business, Chairman Becky Felling declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director LaVonne Hansen, Secretary/Treasurer April 19, 2011 Minutes Page 2 of 2 4