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cp05-27-2014No Workshop AGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, MAY 27, 2014 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — River of Hope 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF MAY 13, 2014 (b) SPECIAL MEETING MINUTES OF MAY 19, 2014 Action — Motion to approve as presented — Motion to amend 5 min. 7. CQNSETYT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise have been delegated to the City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 14287 - RESOLUTION AMENDING FEE SCHEDULE TO REMOVE PARADE PERMIT FEES 2. RESOLUTION NO. 14282 —RESOLUTION FOR TRAFFIC CONTROL DEVICE ON MAIN STREET SOUTH 3. ORDINANCE NO. 14 -0726 — AN ORDINANCE GRANTING A FRANCHISE TO HUTCHINSON CHAMBER OF COMMERCE AND CONVENTION & VISITORS BUREAU TO PLACE EVENT - SPECIFIC BANNERS AT LIBRARY SQUARE (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 14 -0727 — AN ORDINANCE GRANTING A FRANCHISE TO HUTCHINSON CHAMBER OF COMMERCE AND CONVENTION & VISITORS BUREAU TO PLACE BANNERS ON CITY -OWNED STREET LIGHT POLES (SECOND READING AND ADOPTION) 5. ORDINANCE NO. 14 -0728 -AN ORDINANCE REPEALING ORDINANCE NO. 14 -0720 — AMENDING CITY CHARTER TO INCREASE MAYORAL TERMS (WAIVE FIRST READING, SET SECOND READING AND ADOPTION FOR JUNE 10, 2014) (b) PLANNING COMMISSION ITEMS CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT A BUILDING FOR DISABLED AMERICAN VETERANS OPERATIONS AT 167 AND 177 3RD AVENUE NW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION CITY COUNCIL AGENDA MAY 27, 2014 (ADOPT RESOLUTION NO. 1428 1) 2. CONSIDERATION OF CONDITIONAL USE PERMIT TO REDUCE THE SETBACKS FROM 30 FEET TO 20 FEET ON LOTS 1 & 8, BLOCK 1, FAIRWAY ESTATES THIRD ADDITION WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 14283) (c) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO VOITURE LOCAL NO. 414 ON NOVEMBER 5, 2014, AT AMERICAN LEGION (d) CONSIDERATION FOR APPROVAL OF ISSUING PREMISES PERMIT APPLICATION TO AMERICAN LEGION POST 96 TO OPERATE GAMBLING DEVICES AT 101 MAIN STREET SOUTH (e) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO PHILLIP WESTBY OF THE COUNTRY STOP (f) CONSIDERATION FOR APPROVAL OF ITEMS FOR BICYCLE FRIENDLY ROUTE IMPROVEMENTS PROJECT (LETTING NO. 10, PROJECT NO. 14 -10) (g) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS FOR LETTING NO. 1/PROJECT NO. 14 -01 AND LETTING NO. 4/PROJECT NO. 14 -04 (h) CONSIDERATION FOR APPROVAL OF EMERGENCY REPAIRS TO WATER TREATMENT PLANT WELL NO. 7 (i) CONSIDERATION FOR APPROVAL OF ALLOWING MIDCOUNTRY BANK TO TEMPORARILY PLACE TABLES AND CHAIRS ON SIDWALK LOCATED AT 201 MAIN STREET SOUTH (j) CONSIDERATION FOR APPROVAL OF JAYCEE WATER CARNIVAL BEAN BAG TOURNAMENT LOCATED AT LAMPLIGHTER BAR & GRILL (k) CONSIDERATION FOR APPROVAL OF ISSUING FOOD VENDOR LICENSE TO HUTCHINSON DOWNTOWN ASSOCIATION (1) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — CHECK REGISTER A (m)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — CHECK REGISTER B Action — Motion to approve consent agenda 8. PUBLIC HEARINGS — 6:00 P.M. 5 min. (a) CONSIDERATION OF ORDINANCE NO. 14 -724 - AN ORDINANCE APPROVING REVISIONS TO SECTIONS 5.02 AND 5.03 OF HUTCHINSON CITY CHARTER AS 2 CITY COUNCIL AGENDA MAY 27, 2014 RECOMMENDED BY THE CHARTER COMMISSION (SET SECOND READING AND ADOPTION FOR JUNE 10, 2014) Action — Motion to reject — Motion to approve 9. COMMUNICATIONS REOUESTS AND PETITIONS (Purpose: to provide Council with information necessary to craft wise po )acy. Always looking toward the future, not monitoring past) 10 min. (a) PARKS, RECREATION, COMMUNITY EDUCATION 2013 ANNUAL REPORT — DOLF MOON No action. 30 min. (b) UPDATE FROM HUTCHINSON CENTER FOR THE ARTS No action. 5 min. (c) UPDATE ON 2014 MOSQUITO CONTROL OPERATIONS — JOHN OLSON No action. 10. UNFINISHED BUSINESS 11. NEW BUSINESS 5 min. (a) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14284 — RESOLUTION REGARDING THE SUPPORT OF A JOB CREATION FUND APPLICATION IN CONNECTION WITH REYNOLDS TRANSPORT, INC. Action — Motion to reject — Motion to approve 5 min. (b) CONSIDERATION FOR APPROVAL OF ISSUING OFF -SALE 3.2 MALT LIQUOR LICENSE AND TOBACCO LICENSE TO VIKING OIL CORP. INC. LOCATED AT 640 HWY 7 EAST Action — Motion to reject — Motion to approve 5 min. (c) CONSIDERATION OF ORDINANCE NO. 14 -0729 — AN ORDINANCE AMENDING SECTIONS 154.085 THROUGH 154.099 OF THE HUTCHINSON CITY CODE — FLOOD PLAIN ORDINANCE (FIRST READING, SET SECOND READING AND ADOPTION) Action — Motion to reject — Motion to approve 5 min. (d) CONSIDERATION FOR APPROVAL OF APPOINTMENT OF ANDY REID TO THE POSITION OF INTERIM FINANCE DIRECTOR Action — Motion to reject — Motion to approve 12. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) CITY COUNCIL AGENDA MAY 27, 2014 (a) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM APRIL 15, 2014 (b) PLANNING COMMISSION MINUTES FROM APRIL 15, 2014 (c) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR APRIL 2014 (d) CITY OF HUTCHINSON FINANCIAL REPORT AND INVESTMENT REPORT FOR APRIL 2014 13. MISCELLANEOUS 14. ADJOURN MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, MAY 13, 2014 1. CALL TO OFD — 5:30 P.M. Mayor Steve ( oo called the meeting to order. Members present were Mary Christensen, Gary Forcier, Bill Arndt and Chad Czmowski. Others present were Jeremy Carter, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. 2. INVOCATION — Pastor Lauara Aase, River of Hope, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY ARBOR DAY PROCLAMATION Mayor Cook read a proclamation proclaiming May 20, 2014, as Arbor Day in the City of Hutchinson. Mayor Cook also recognized Mike Schumann as the new Fire Chief who was put in office yesterday. Mayor Cook also thanked the interim Fire Chief Casey Stotts. Mary Christensen thanked Roger Olson, Jim Lauer and John Olson on putting together information for columbariams recognizing veterans. Jeremy Carter provided an update on the ongoinu project that is being run by these gentlemen. The medallions that are being placed on the columbariams are included in the regulations of the City's ordinance. Bill Arndt thanked staff on putting together a plaque located in the City Center lobby which includes all mayors and council members since the City was incorporated. 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF APRIL 22, 2014 Mayor Cook noted that language should be added to the Public Comments section stating that "Persons wanting to have a dialogue with the Council should do so at the end of the meeting under the Miscellaneous section of the agenda ". Motion by Czmowski, second by Forcier, to approve the minutes with the additional language. Motion carried unanimously. 7. CQNSEIYT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise have been delegated to the City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 14274 — A RESOLUTION TO SELL BICYCLES AT AUCTION (b) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO CROW RIVER CUTTERS ON AUGUST 12, 2014, AT MCLEOD COUNTY CITY COUNCIL MINUTES MAY 13, 2014 FAIRGROUNDS (c) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO MINNESOTA HOLSTEIN - FRIESIAN BREEDER'S ASSOCIATIONON NOVEMBER 22, 2014, AT MCLEOD COUNTY FAIRGROUNDS (d) CONSIDERATION FOR APPROVAL OF ISSUING CATERER'S PERMIT TO J &N SCHLAGEL ENTERPRISES II LTD ON MAY 31, 2014, AT HUTCHINSON EVENT CENTER (e) CONSIDERATION FOR APPROVAL OF ISSUING CARNIVAL PERMIT TO J &K AMUSEMENTS FROM MAY 29 — JUNE 1, 2014 AT HUTCHINSON MALL (f) CONSIDERATION FOR APPROVAL OF ISSUING PARADE PERMIT TO AMERICAN LEGION FOR MEMORIAL DAY PARADE ON MAY 26, 2014 (g) CONSIDERATION FOR APPROVAL OF ISSUING SHORT TERM 3.2 MALT LIQUOR LICENSE TO KNIGHTS OF COLUMBUS ON JUNE 6-7,2014, AT MCLEOD COUNTY FAIRGROUNDS (h) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO SUSTAINABLE FARMING ASSOCIATION OF MINNESOTA FOR MINNESOTA GARLIC FESTIVAL ON AUGUST 9, 2014 (i) CONSIDERATION FOR APPROVAL OF AMENDMENTS TO THE JOINT POWERS AGREEMENT GOVERNING THE SOUTH CENTRAL MINNESOTA REGIONAL RADIO (j) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2014 PAVEMENT MANAGEMENT PROGRAM PROJECT (LETTING NO. 3, PROJECT NO. 14 -03) (k) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER — SUPPLEMENTAL AGREEMENT NO. 3 — LETTING NO. 1, PROJECT NO. 13 -01 (JEFFERSON STREET SE RECONSTRUCTION PHASE 1) (1) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — CHECK REGISTER A (m)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — CHECK REGISTER B Items 7(a)1 and 7(m) were pulled for separate action. Motion by Czmowski, second by Christensen, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 7(a)l had further discussion. Council Member Arndt asked when the bicycle auction will be held. Chief Hatten noted that the bicycles will go to Fahey Auction Center and they will schedule the auction. Most likely, the bicycles will be included in the online action. 2 CITY COUNCIL MINUTES MAY 13, 2014 Motion by Arndt, second by Christensen, to approve Item 7(a)l. Motion carried unanimously. Item 7(m) had further discussion. Council Member Forcier noted he will be abstaining from voting on this item. Motion by Czmowski, second by Arndt, with Forcier abstaining, to approve Item 7(m). Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION OF ORDINANCE NO. 14 -0726 — AN ORDINANCE GRANTING A FRANCHISE TO HUTCHINSON CHAMBER OF COMMERCE AND CONVENTION & VISITORS BUREAU TO PLACE EVENT SPECIFIC BANNERS ON CITY -OWNED PROPERTY LOCATED IN LIBRARY SQUARE (FIRST READING, SET SECOND READING AND ADOPTION FOR MAY 27, 2014) Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that this franchise is a continuation of a franchise that has been in place to allow banners to be placed in Library Square to advertise specific events being sponsored by the Chamber of Commerce. Motion by Arndt, to deny franchise agreement due to the aesthetics of the banners. Council Member Arndt suggested placing a permanent structure to be placed in the park advertising upcoming events that would be more aesthetically pleasing. Mayor Cook suggested that the banners be better maintained. Council Member Arndt recommended a banner be placed running across Main Street so passersby can see the advertisement. Motion by Czmowski, second by Cook, to close public hearing. Motion carried unanimously. Motion by Arndt to reject Ordinance No. 14 -0726. Motion failed for lack of second. Motion by Czmowski, second by Forcier, to set second reading and adoption of Ordinance No. 14- 0726 for May 27, 2014. Council Member Christensen suggested that the banners be better maintained and perhaps be more stable when installed. Jeremy Carter explained that the franchise agreement speaks to expectations of the banners and the maintenance of them. Council Member Arndt suggested putting the signage on a piece of plywood so it is more sturdy. He would like the signage more dressed up. Roll call vote was taken: Christensen — aye; Arndt — nay; Forcier — aye; Czmowski — aye; Cook — aye. Motion carried 4 to 1. (b) CONSIDERATION OF ORDINANCE NO. 14 -0727 — AN ORDINANCE GRANTING A FRANCHISE TO HUTCHINSON CHAMBER OF COMMERCE AND CONVENTION & VISITORS BUREAU TO PLACE BANNERS ON CITY -OWNED STREET LIGHT POLES (FIRST READING, SET SECOND READING AND ADOPTION FOR MAY 27, 2014) Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that this franchise is also a continuation of a franchise that has been in place. This franchise allows for "Hutchinson" banners to be placed on City light poles along Main Street and a portion of Washington Avenue. The Ambassadors are working on fundraising efforts to replace the banners that are currently in place. Council Member Forcier commented that the banner signs that are currently hanging up are rather weathered and do not have the best appearance. Motion by Arndt, second by Cook, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Forcier, to set second reading and adoption of Ordinance No. 14 -0727 for May 27, 2014. Motion carried unanimously. (c) SOUTH GRADE ROAD TRAIL AND PARKING LOT IMPROVEMENTS PROJECT (LETTING CITY COUNCIL MINUTES MAY 13, 2014 NO. 9, PROJECT NO. 14 -09) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff has initiated this project process to implement the South Grade Road trail and parking lot improvements. No special assessments are being assessed against private properties for this project. This project would include South Grade Road Trail and parking lot surfacing adjacent to South Grade Road near the Otter Lake bridge by construction of grading, bituminous /concrete pavement, street lighting, trail, sidewalk, landscaping restoration and appurtenances. The new proposed trail will run from South Grade Court to Otter Street and then extend to Lakewood Drive. The proposed parking lot is to alleviate parking along South Grade Road. Mr. Exner explained that some positive comments have been received on the trail and very little comments have been received on the parking lot. It was noted that the speed zone on South Grade Road is now 45mph. Discussion was held regarding signage and the speed zone on South Grade Road. Mr. Exner noted that other work that may be included with the proj ect are parking around the parks garage, Creekside areas, trail overlay on Century Avenue and work at the wastewater department. Funding should be available for these projects, however this will need to be finalized. Terry Dean, 975 Otter Street, presented before the Council. Mr. Dean noted that he is pleased with the proposed trail. However, he is not pleased with the proposed parking lot which is directly next to his home. Mr. Dean noted that he purchased his property less than two years ago and was happy with the vacant lot next to his property. Mr. Dean stated that he found in the city code that off street parking is to be screened or fenced as identified in the land use ordinance. He asked that attractive perennials be planted and perhaps a berm put in place with an opaque fence. Mr. Dean also raised concerns with drainage and he hopes that the water runoff drains away from his property. Mr. Dean also asked if this parking lot meets the shoreland ordinance requirements for impervious surface. Mr. Exner noted that the parking lot is designed to include 12 parking spaces. Drainage will be addressed with curbing and will flow with the grade of the land. Mr. Exner noted that the parcel is a rather large size and should more than meet the impervious surface requirements. It was suggested that the City plant evergreen trees for screening, however it would affect grading. Mr. Exner noted that a fence may be the best option for grading and drainage, however he will work with the property owner on viable options. Motion by Forcier, second by Christensen, to close public hearing. Council Member Arndt noted that he will be abstaining from voting on this item. Motion carried unanimously. Mr. Exner suggested that the parking lot be bid as an alternate. This would allow for the trail project to proceed even if the parking lot project does not. Motion by Czmowski, second by Christensen, with Arndt abstaining, to approve South Park trail and parking lot improvements project and bidding the parking lot as an alternate bid. Motion carried unanimously. 9. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to craft wise po�cy. lways looking toward the future, not monitoring past) (a) PARKS, RECREATION, COMMUNITY EDUCATION 2013 ANNUAL REPORT — DOLF MOON This report will be given at the May 27, 2014, City Council meeting. (b) REVIEW OF DRAFT TRUNK HWY 15/MAIN STREET IMPROVEMENT PROJECT FEASIBILITY STUDY Kent Exner, City Engineer, presented before the Council. Mr. Exner reviewed a feasibility study related to improvements to Trunk Hwy 15/Main Street. This study came out of the recently completed transportation study. First, Mr. Exner reviewed options for street alignment designs. An offset center line option could accommodate more activities in front of storefronts on the west side CITY COUNCIL MINUTES MAY 13, 2014 of the highway. Mr. Exner noted that Mn/DOT requests that their Complete Streets policy be encompassed in the project, which it is. Council Member Arndt commented that he feels the curb should not need to be replaced when the roadway is reconstructed. Mr. Exner also reviewed the base project approach and the alternate project approach included in the study. The actual improvement project may be 10 years out from now, however with the City having this study in place, more funding opportunities may be available. Mayor Cook suggested holding a public open house on the proj ect to gain community feedback. Mr. Exner noted that he feels the open house would be more informational in purpose with him documenting feedback received at the open house. Marc Sebora, City Attorney, mentioned that the City will need to have discussions with Mn/DOT on use of the right -of -way and what uses would be allowed on sidewalks. Mr. Exner commented that even if uses are restricted on the sidewalks, he would be in favor of the designs contemplated in the study to make a more pedestrian - friendly downtown area. (c) REVIEW OF CHARTER COMMISSION RECOMMENDATION PERTAINING TO ORDINANCE NO. 14 -720 — AN ORDINANCE ADOPTING REVISIONS TO SECTION 2.04 OF HUTCHINSON CITY CHARTER — FORM OF GOVERNMENT (MAYORAL TERMS) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that earlier this year, the City Council had adopted an ordinance to increase mayoral terms from two years to four years. As part of that process, the Charter Commission reviewed the ordinance and voted 4 -2 to re ect the ordinance. Mr. Sebora explained that the Council will need to decide what action they will take in reference to the Charter Commission recommendation. They can either place the proposed Charter amendment langpage on the ballot in November for voters to decide as the language has been adopted or not to, based on the Charter Commission recommendation. (d) DISCUSSION OF AMENDMENTS TO FOOD CART ORDINANCE Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that some items that staff would like the Council to consider include adding a definition for food stands, deciding if food vendors should be exempt under certain circumstances, such as if they are part of a community event, or have an event organizer obtain an all- encompassing license for all vendors that are part of their grand event. Council Member Arndt commented that many organizations that operate as food vendors are not running their stands for profit, compared to private business vendors. Mayor Cook noted he likes the idea of an "event license" being issued to the event sponsor covering all food vendors included in their event. The Council will continue to think about proposed amendments and provide feedback to staff. (e) DISCUSSION OF PARADE PERMIT FEES Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that over the years, organizations have requested the City to waive parade permit fees. Mr. Carter explained that historically there have been approximately six parades held on an annual basis, with each parade permit fee being $30.00. Mr. Carter is suggesting to waive or remove the parade permit fee from the fee schedule, however keep the parade permit application in process. The consensus of the Council is to revise the fee schedule and remove the parade permit fee. A revised fee schedule will be before the Council at its next meeting for consideration. (f) DISCUSSION OF APPOINTMENT OF INTERIM CITY ADMINISTRATOR CITY COUNCIL MINUTES MAY 13, 2014 Mayor Cook suggested holding a special meeting to discuss this item as well as the recruitment process for the City Administrator position due to the resignation of Jeremy Carter, the current city administrator. Mayor Cook suggested holding a meeting immediately following the HUC Rate meeting on Monday, May 19, 2014. Motion by Christensen, second by Forcier, to set special meeting for 11:30 a.m. on Monday, May 19, 2014, to discuss appointment of interim city administrator and recruitment process for City Administrator position. Motion carried unanimously. (g) DISCUSSION OF RECRUITMENT PROCESS FOR CITY ADMINISTRATOR POSITION See Item 9(f). 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF SUPPORT FOR THE RIVERSONG FESTIVAL BEING HELD JULY 18 & 19, 2014, AT MASONIC WEST RIVER PARK John Rodeberg, RiverSong Steering Committee, presented before the Council. Mr. Rodeberg explained that this is the sixth year of RiverSong. Mr. Rodeberg explained that nothing has changed from previous years. RiverSong continues to ask for the City's support in providing dust control on Les Kouba Parkway and spraying for mosquitos, striping the parking area, two portable light towers for safety and security after dark, preparing and cleaning up the site and providing equipment, such as gators and tables and chairs. RiverSong pays for the rental of the park and all camp sites during the event, rents extra picnic tables from Park and Recreation and pays for Police Services efforts. Motion by Arndt, second by Christensen, to approve support for the RiverSong Festival being held July 18 & 19, 2014. Mayor Cook asked what is left on the permanent stage. Mr. Rodeberg explained that there is approximately $17,500 left to pay on the stage and RiverSong has $3000 budgeted to pay against it this year. Mayor Cook suggested that perhaps the Council should discuss contributing towards the payment of the stage. Motion carried unanimously. (b) CONSIDERATION OF REQUEST BY SCOTT EXSTED TO DETACH 42 ACRES FROM HUTCHINSON CITY LIMITS LOCATED ALONG HWY 7 EAST — ADOPT RESOLUTION NO. 14278 Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that a petition had been submitted by Scott Exsted to detach 42 acres from the city limits. The parcels lie on Hwy 7 east. The petition was submitted to the State of Minnesota. The City and Hutchinson Township must decide whether or not they approve or oppose of the detachment. If both parties agree to the detachment, it will be detached. If both parties agree to oppose the detachment, it will remain in city limits. If one party supports and one party opposes the detachment, a hearing will be conducted by an administrative law judge to determine whether the land stays within city limits or becomes part of the township. The City would desire to keep R CITY COUNCIL MINUTES MAY 13, 2014 the properties within city limits for future economic development and to ensure they stay part of the Gateway plan that moved this land into city limits in the past. With infrastructure being currently in place through the industrial park, it will be more economically feasible to supply infrastructure in the future when economic growth occurs. Staff supports opposing the detachment, which is encapsulated in Resolution No. 14278. Kent Exner explained that engineering staff has been contacted on a regular basis on the timeline of utilities being supplied to this area. Mr. Exner noted that with the utilities being put in place in Energy Park, the City is getting much closer to stretching utilities out to this area. Motion by Arndt, second by Christensen, to approve Resolution No. 14278, opposing land detachment. Council Member Arndt explained that he sat on the Planning Commission and Joint Planning Board when these parcels were annexed into city limits. Council Member Arndt noted that one of the reasons this area was annexed was to provide water service to a potential Hennen's development as well as one other potential future development piece. Both of these developments never came to fruition. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR 2014 STREET SEALCOATING PROJECT — LETTING NO. 4, PROJECT NO. 14 -04 Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the low bid came in from Allied Blacktop Company of Maple Grove with a bid of $241,984.36. The project is slated to begin around Water Carnival and be complete around McLeod County Fair Time. The project will now exclude 5th Avenue SE and will include portions of Florida, Delaware, Illinois, Shady Ridge and Alaska Court. Motion by Arndt, second by Forcier, to approve project award for 2014 street sealcoating project with the changes noted above. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR CIVIC ARENA PROJECT Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that over the past several years, the Facilities Committee has been prioritizing and evaluating the conditions of City facilities. Based on the Facility Condition Index and other criteria, the Burich Arena was identified top on the list of facilities that need to have improvements. On April 8, 2014, the Council approved moving forward with the first phase of renovations at the facility. On May 7, 2014, bids were opened and Commercial Refrigeration from Virginia, Minnesota, submitted the low bid. Staff is recommending to award the bid to Commercial Refrigeration along with an alternate bid to upgrade the electrical system at the East Rink. The base bid from Commercial Refrigeration was $1,598,366 and the alternate bid was $11,979. Motion by Forcier, second by Czmowski, to approve project award for Civic Arena project to Commercial Refrigeration, including the base bid and the alternate #1. Motion carried unanimously. 7 CITY COUNCIL MINUTES MAY 13, 2014 (e) CONSIDERATION FOR APPROVAL OF CONSTRUCTION MANAGEMENT AGREEMENT WITH STEVENS Jeremy Carter, City Administrator, presented before the Council. Mr. Carter is requesting that an agreement be entered into with Stevens Engineers, Inc. to oversee the project improvements to Burich Arena. Stevens Engineers, Inc. specializes in projects of this scope and was involved in creating the bid /specification documents. Dolf Moon, PRCE Director, explained that Stevens Engineers has noted that they will allocate 295 hours to this project and will be available when key components of the project are being implemented. Motion by Christensen, second by Forcier, to approve construction management agreement with Stevens Engineer. Motion carried unanimously. (f) DISCUSSION OF ORDINANCE NO. 14 -720 — AN ORDINANCE ADOPTING REVISIONS TO SECTION 2.04 OF HUTCHINSON CITY CHARTER — FORM OF GOVERNMENT (MAYORAL TERMS) Marc Sebora, City Attorney, presented before the Council. Mayor Cook noted that he would be in favor of drafting an ordinance to repeal this ordinance in light of the Charter Commission's recommendation. Motion by Arndt, second by Czmowski, to request staff to prepare an ordinance to repeal Ordinance No. 14 -720. Motion carried unanimously. (g) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORK SESSION TO REVIEW CITY LOCAL EMERGENCY/DISASTER PLAN Jeremy Carter, City Administrator, presented before the Council. Mr. Carter noted that he has been discussing with Dan Hatten, Police Chief, holding an exercise to review the City's local emergency /disaster plan. Proposed dates include any day the first week of June for a three -four hour session. Following the work session, the Police Chief would present an overview of the plan at a City Council meeting. Motion by Christensen, second by Forcier, to set Council workshop for June 2, 2014, at 7:00 a.m. at the Emergency Operations Center to review City local emergency /disaster plan. Motion carried unanimously. (h) CONSIDERATION FOR APPROVAL OF SETTING SPECIAL MEETING FOR MAY 19, 2014, AT 9:00 A.M. AT THE HUTCHINSON CITY CENTER TO DISCUSS HUTCHINSON UTILITIES COMMISSION ELECTRIC INDUSTRIAL RATE CHANGES Motion by Czmowski, second by Forcier, to set Council workshop for May 19, 2014, at 9:00 a.m. to discuss Hutchinson Utilities Commission electric industrial rate changes. Motion carried unanimously. N. CITY COUNCIL MINUTES MAY 13, 2014 12. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) EDA BOARD MINUTES FROM MARCH 26, 2014 (b) HUTCHINSON UTILITIES COMMISSION MINUTES FROM MARCH 26,2014; APRIL 7,2014; AND APRIL 11, 2014 (c) LIQUOR HUTCH QUARTERLY REPORT FOR JANUARY — APRIL 2014 (d) REPORT OF SNOW REMOVAL /ICE CONTROL ACTIVITIES (2013/2014 SEASON) 13. MISCELLANEOUS Kevin Buss presented before the Council. Mr. Buss asked the Council what the development plans to the north of the city near Judson Lake are. Mayor Cook commented that the short answer is that the City is focusing on development within city limits and not extending development outside of city limits. Mr. Buss explained that he has a feedlot facility within the joint planning area and he inquired if City Council Members could clarify to the public the processes used for approval processes, which is all carried about by McLeod County. Mary Christensen — Council Member Christensen noted that filing for city offices will begin next week and she intends to file for her seat. Bill Arndt — Council Member Arndt commented that he had been approached by a citizen that suggested that a park shelter be installed at Roberts Park that can include bathroom facilities, cooking facilities and tables. Council Member Arndt also asked if the medians on Hwy 15 South could be painted as they are very difficult to see when it is raining and /or dark. Chad Czmowski — Council Member Czmowski offered condolences to the David Mooney family. Mr. Mooney recently passed away and he was a long -time City employee who took care of the VMF Baseball Field. Jeremy Carter — Mr. Carter announced that he has resigned as the City Administrator as he has accepted the Hutchinson Utilities Commission General Manager position and will begin those duties on May 27, 2014. Kent Exner — Mr. Exner provided a project update which included Jefferson Street. Mr. Exner explained that the project is a difficult one with limited access points and parking issues. Some reflective cracking has occurred within the 2013 pavement management program streets. Hwy 7 West detour has been put in place. Steve Cook — Mayor Cook announced he will be running for re- election. 14. ADJOURN Motion by Arndt, second by Christensen, to adjourn at 8:50 p.m.. Motion carried unanimously I MINUTES SPECIAL MEETING - HUTCHINSON CITY COUNCIL MONDAY, MAY 19, 2014 — 11:30 A.M. CALL TO OVER — 11:30 A.M. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Gary Forcier, and Bill Arndt. Member absent was Chad Czmowski. Others present were Jeremy Carter, City Administrator, Marc Sebora, City Attorney and Brenda Ewing, Human Resources Director 2. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF APPOINTING INTERIM CITY ADMINISTRATOR Mayor Cook mentioned that there are two approaches to consider. One option is to appoint an internal employee to serve as the interim city administrator. The other option is to hire an external candidate to serve in this capacity. Marc Sebora, City Attorney, serves as the acting city administrator in Mr. Carter's absence and is willing to serve as the interim city administrator. The League of Minnesota Cities has a listing of individuals who serve in this capacity as well. Mayor Cook also had thought of Gary Plotz, former City Administrator, to serve in this capacity. A drawback is that an external candidate will not have knowledge of the current projects and goings on of the City. Mr. Sebora explained that if he is appointed as interim city administrator, he would request that the Gavin Law Office take over all of his criminal work while he serves as interim. This would cost an additional $1800 per month. Council Member Christensen stated that she liked the fact that Mr. Sebora already knows the ins and outs of the City and is up to speed with activities and has been serving as acting city administrator. Council Member Arndt was also in favor of this. Motion by Forcier, second by Arndt, to appoint Marc Sebora as Interim City Administrator and approve additional costs to Gavin Law Office. Staff reminded the Council that next in line as actinu administrator in Mr. Sebora's absence is the City Engineer, Kent Exner. Motion carried unanimously. Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that when other employees have served in interim positions, an additional monthly lump sum was arrived at and paid to the interim. Ms. Ewing explained that she had surveyed other cities to determine what other cities have paid interim city administrators in similar situations. Ms. Ewing also provided information on interim compensation that has been paid to City employees that have served in an interim capacity. Motion by Forcier, second by Christensen, to pay Marc Sebora an additional $500 per month when serving as interim city administrator. Motion carried unanimously. (b) CONSIDERATION OF RECRUITMENTMIRING PROCESS FOR CITY ADMINISTRATOR POSITION Mayor Cook explained that the Council needs to decide if the recruitment process for the city administrator should be done internally by the human resources department or whether an external search firm should be utilized. Mayor Cook explained the benefits of using an external search firm. Mayor Cook expressed that he wishes to see the best candidate selected and the most valuable candidates to choose from. Mayor Cook suggested using a Request For Proposal process to select a search firm. Typically $15,000 is expended on external search firms for recruiting processes. Council Member Forcier asked if the League of Minnesota Cities provides recruitment efforts. They do not. Council Members Christensen and Arndt noted they would be in favor of hiring an external search firm. Motion by Arndt, second by Forcier, to approve using external search firm to hire city administrator position. Motion carried unanimously. Mayor Cook spoke of other firms he is aware of that other cities have used that they have been pleased with. Ms. Ewing noted that the RFP advertisement will go on the City's web site, on the LMC's web site and will be direct mailed to those firms that are included on the LMC's set list. Motion by Arndt, second by Christensen, to use RFP process while hiring external search firm. Motion carried unanimously. A proposed RFP was reviewed and suggested revisions were made to it. The RFPs will be submitted to the interim city administrator. The deadline for submittals will be June 6, 2014. Motion by Forcier, second by Christensen, to set June 10, 2014, at 4:00 p.m. as a Council workshop to review proposals submitted by external search firms. Motion carried unanimously. 3. MISCELLANEOUS Council Member Arndt asked about the Controller's duties with the City Administrator/Finance Director resigning. Mr. Carter recommended that adjustments be considered when filling the city administrator position. Mr. Carter suggested that the City Administrator and Finance Director positions be separated and the City revert to the traditional structure it has used in the past. Mayor Cook suggested that, depending on the candidate selected for the city administrator position, the City consider either an assistant city administrator or a finance director. At the next Council meeting, a recommendation will be before the Council to consider interim compensation to Andy Reid while he fulfills the duties of interim Finance Director. Council Member Arndt commented on the motor vehicle department being closed on Mondays. He feels that this should be reviewed and addressed again. Mr. Carter mentioned that the variance process will be reviewed again this Fall and the motor vehicle hours can be reviewed at that time. 4. ADJOURN Motion by Arndt, second by Cook, to adjourn at 12:20 p.m. Motion carried unanimously. HUTCHINSON CITY COUNCIL A Request for Board Action Agenda Item: Resolution No. 14287 - Amending Fee Schedule Department: Adm:M.# CR.'0h LICENSE SECTION Meeting Date: 5/27/2014 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: Reviewed by Staff F-1 Consent Agenda Time Requested (Minutes): License Contingency NIA Attachments: Yes BACKGROUND /EXPLANA TION OF AGENDA ITEM; At the last City Council meeting, the Council took action to remove parade permit fees from the City's fee schedule. As a foliurry up Lu that action, attached is a Resolution formally removing parade permit fees from the License section of the City's fee schedule. I i BOARD ACTION REQUESTED: Approve Resolution NO. 14287 - Amending City Fee Schedule Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION. Total Project Cost: Total City Cost: Funding Source: Remaining Cost: 50-00 Funding Source: RESOLUTION NO. 14287 REVISING 2014 FEE SCHEDULE WHEREAS, the City of Hutchinson is empowered by previously passed ordinances to impose fees for services, and WHEREAS, based upon the recommendation of costs for providing the services for various city departments NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA THAT THE FOLLOWING FEE SCHEDULE IS REVISED AND THAT THIS FEE SCHEDULE REPLACES ANY FEE SCHEDULE PREVIOUSLY APPROVED BY THE HUTCHINSON CITY COUNCIL: Licenses — Parade *flee schedule attached Adopted by the City Council this 27"' day of May, 2014, Steven W. Cook, Mayor ATTEST: Marc A. Sebora, City Administrator Fee Type Legal 2014 Fees City of Hutchinson 2014 Fee Schedule Notes 2013 Fees °% Last I Increase I Change Attorney's Fees for Litigation $100.001hr Charged per 114 hour $100.00 Ihr 0.0% 2008 Paralegal's Fees for Litigation $50.00 /hr Charged per 114 hour $50.00 /hr 0.00% 2008 Contract Review Fee $100.00 /hr Charged per 114 hour $100.00 /hr 0.00% 2008 Attorneys Fees for Rental Registration Prosecution $100.00 /hr Charged per 114 hour $100.00 /hr 0.0% 2008 Paralegal's Fees for Rental Registration Prosecution $50.00 /hr Charged per 114 hour $50,00 Ihr 0.0% 2008 Dangerous Dog Designation Hearing Up to $1,000.00 Up to $1,000.00 0.0% 2008 Licenses Carnival Dance Permit Short - Tear: Gambling Garbage & Refuse Haulers: Commercial Residential Recycling Recycling Massage Services Motorized Golf Cart Notary Fee parade Peddler /Solicitor/Transient Merchant Pawn Shops and Precious Metal Dealers Public Property Use, No alcohol use Alcohol use Second Hand Goods Dealers Shows/Exhibitions Tattoo License Taxi Cab License (per cab) Tobacco License Rental Housing Registration & Inspections Food Cart $525.00 Refundable deposit $55.00 Short Term $30.00 Short Term $525.00 0.0°% 2009 $55.00 0.0°% 2009 $30.00 0.0% 2009 $125.00 January 1 - December 31 $125.00 0.0% 2009 $125.00 January 1 - December 31 $125.00 0.0% 2009 $55,00 January 1 - December 31 $55.00 0.0°% 2009 $30.00 /day Per Day $30.00 /day 0.0% 2009 $175.00 January 1 - December 31 $175.00 0.0% 2009 $10.00 January 1 - December 31 $10.00 0.0% 2009 $1.00 Per Notarized Item $1.00 0.0°% 2009 0 c��T�. $W-00 0-0% 2409 $125.00 Per License $125.00 0.0% 2009 $125.00 January 1 - December 31 $125.00 0.0°% 2009 $525.00 $525.00 0.0% 2009 $1.100.00 $1,100.00 0,0% 2009 $125.00 January 1 - December 31 $125.00 0.0% 2009 $100.00 Short Term $100.00 0.0% 2010 $175.00 January 1 -December 31 $175.00 0.0% 2009 $5.00 /cab January 1 - December 31 $5.00 /cab 0.00% 2009 $175.00 January 1 - December 31 $175.00 0.0% 2009 $10.00 /unit Initial inspection and one additional/follow up inspection $10.00 /unit 0.0% 2009 $50.00 /unit Second additional /follow -up inspections $50.00 /unit 0.0% 2009 Double the cost Subsequent additionallfollow -up inspections Double the cost of prey. inspection of prev. inspection $125.00 $125.00 0.0°% 2013 I:WinanoeWEE SCHEDJLES12014 Fee Schedule12014 Fee Schedule - Amended 5 -27 -14 Page 8 of 24 512112014 HUTCHINSON CITY COUNCIL city -f 0, "J N Request for Board Action 79 M-W Agenda Item: Traffic Control Resolution #14282 Department: PW /Eng LICENSE SECTION Meeting Date: 5/13/2014 Application Complete N/A Contact: John Olson Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: Traffic Control Resolutions are reviewed by the City Engineer, Police Chief, and Public Works Manager. All parties concur with the attached resolution. There have reports of drivers parking in the right turn lane on southbound Main St N traveling to westbound Washington Ave W. To better identify the turn lane, staff is recommending installation of a "No Parking - Here to Corner" sign, along with up to two Right Turn arrows in the turn lane. We recommend approving the attached Resolutions. BOARD ACTION REQUESTED: Approval of Resolutions Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14282 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. "No Parking, Here to Corner" at the north end of the right turn lane for southbound Main St N to westbound Washington Ave W. 2. Pavement markings; up to two each Right Arrow(s), in the right turn lane for southbound Main St N to westbound Washington Ave W. Adopted by the City Council this 27th day of May, 2014. Steven Cook Mayor ATTEST: Jeremy Carter City Administrator . A Tv, 29 1i rm rr. rr 45 yy s. , . ss A Man File, 1 r7.f['DVd N-M '�' � aYP.►"� n T ad 36 _ ad � C. u; LL # . -tit N HUTCHINSON CITY COUNCIL city -f 0, "J N Request for Board Action 79 M-W Agenda Item: Ordinance No. 14 -0726 - Franchise Agreement with Chamber of Commerce /CVB Department: Administration LICENSE SECTION Meeting Date: 5/27/2014 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: At the last Council meeting, the Council approved renewing a franchise agreement with the Chamber of Commerce /Convention & Visitors Bureau to allow them to place event specific banners in Library Square to promote Music in the Park, Dairy Days and the Arts and Crafts Festival. The ordinance attached encapsulates the guidelines imposed on the Chamber and addresses maintenance of the banners, which includes the City's ability to remove them at their discretion. The franchise agreement is for six years. BOARD ACTION REQUESTED: Second reading and adoption of Ordinance No. 14 -0726. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Ordinance No. 14 -726 Publication No. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING FRANCHISE TO HUTCHINSON AREA CHAMBER OF COMMERCE, CVB, TO PERMIT "EVENT SPECIFIC" BANNERS ON CITY OWNED PARK PROPERTY LOCATED AT 50 HASSAN STREET S.E. 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 Hutchinson Area Chamber of Commerce, CVB, hereafter referred to as Grantee, a franchise to place "event specific" banners on City owned park property located in Library Square, 50 Main Street S.E. The franchise agreement is limited to the following three Chamber sponsored events: Music in the Park, Dairy Days, and Arts and Crafts Festival. Section 2. The franchise is granted for a term of 6 year (s) 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, the yearly filing fee will be waived. 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. Receiver tubes are permitted. Any changes in type of post must be approved by the City Council. Section 4. Grantee will ensure that the highest quality of banners shall be used. Banners that fall into a state of disrepair, in the sole judgment of the Grantor, will be removed by the Grantor. Grantee shall bear the expense of and reimburse the City for the installation, changing and removal of the banners. Additionally, the Grantor agrees to allow the Grantee to provide banners for the areas depicted on Exhibit A. Section 5. 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 6. In the event that Hutchinson Area Chamber of Commerce, CVB, 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 7. The City may at the point of expiration of this franchise or for public purposes request that the encroachments be removed from the rights of way at the Grantees expense. Section 8. This ordinance shall take effect from and after passage and publication, subject to the provision above requiring written acceptance by Hutchinson Area Chamber of Commerce. Adopted by the City Council, this 27th day of May, 2014. Mayor Attest: City Administrator 8 � 7 Z - I L 3 1' WASHINGTON AVE � 124fi 100 14 50 3 2 34 T 34 45 65 44 4i9� 115 75 � 1 $q F 21 ISTAVE 102 tOt i 144 38 I 11t 114 4 I � II „3 116 1 719 �uq ovwad+.�+�.cyts. Cam. Ec] rotas txs 31as HUTCHINSON CITY COUNCIL city -f 0, "J N Request for Board Action 79 M-W Agenda Item: Ordinance No. 14 -0727 - Franchise Agreement with Chamber of Commerce /CVB Department: Administration LICENSE SECTION Meeting Date: 5/27/2014 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: At the last Council meeting, the Council approved renewing a franchise agreement with the Chamber of Commerce /Convention & Visitors Bureau to allow them to place "Hutchinson" banners on city -owned light poles along Main Street and Washington Avenue. The franchise agreement is for six years. BOARD ACTION REQUESTED: Second reading and adoption of Ordinance No. 14 -0727. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Ordinance No. 14 -727 Publication No. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING FRANCHISE TO HUTCHINSON AREA CHAMBER OF COMMERCE, CVB, TO PERMIT BANNERS ON CITY OWNED STREET LIGHT POLES 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 Hutchinson Area Chamber of Commerce, CVB, hereafter referred to as Grantee, a franchise to place banners on City owned street light poles along Main Street/Hwy 15 from I't Ave. N.E. to Century Ave. and a one block portion of Washington Ave. West. Section 2. The franchise is granted for a term of up to 6 year (s) 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. An annual filing fee is waived. 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 Hutchinson Area Chamber of Commerce, CVB, 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 8. The City may at the point of expiration of this franchise or for public purposes request that the encroachments be removed from the rights of way at the Grantees expense. Section 9. This ordinance shall take effect from and after passage and publication, subject to the provision above requiring written acceptance by Hutchinson Area Chamber of Commerce. Adopted by the City Council, this 27th day of May, 2014. Mayor Attest: City Administrator Agenda Item: HUTCHINSON CITY COUNCIL Request for Board Action if Ordinance No. 14 -0728 - An Ordinance Repealing Ordinance 14 -0720 Department: LICENSE SECTION Meeting Date: 5/2712014 Contact: Marc Sebcra Application Complete NIA Agenda Item Type: Presenter: Reviewed by Staff F-� Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BA CKGROUIV D %EXAtA NA TION OF A GENOA ITEM: At the last City Council meeting, the Council took action directing staff to draft an ordinance repealing Ordinance No- 14-0720. Ordinance No. 14 -0720 wa..uuf/h�,d by the City Council on February 11; 2014. The ❑rdina—v; ppup ,—J to increase mayoral terms from two years to four years. The ordinance was referred to the Charter Commission for their review and comment. The Charter Commission voted 4 -2 to reject the proposed ordinance. Based on the Charter Commission's recommendation, the Council it would repeal the original ordinance; Giunrwioc No. 14 -0720. Attached is an ordinance repealing Ordinance No. 14 -0720. BOARD ACTION REQUESTED: Set second reading and adoption of Ordinance No. 14 -0728 for June 10, 2014. Fiscal Impact: O.pp FTE Impact: Included in current budget PROJECT SECTION, Total Project Cost: Total City Cost: Remaining Cost: Ii; C Funding Source: Budget Change: No Funding Source: $ 0.00 Funding Source: ORDINANCE NO. 14 -728 — AN ORDINANCE REPEALING ORDINANCE NO. 14 -720 — AN ORDINANCE ADOPTING REVISIONS TO SECTION 2.04 OF THE HUTCHINSON CITY CHARTER — FORM OF GOVERNMENT The Citv Council of the Citv of Hutchinson does hereby reveal the following ordinance: Ordinance No. 14 -720 Publication No. 8035 AN ORDINANCE ADOPTING REVISIONS TO SECTION 2.04 OF HUTCHINSON CITY CHARTER — FORM OF GOVERNMENT The City Council hereby ordains: WHEREAS, the Hutchinson City Council met on January 14, 2414, and discussed amending the Hutchinson City Charter to allow for four -year mayoral terms; and, WHEREAS, as part of the discussion, the Hutchinson City Council determined that they would like the proposed amendment to be put forth on the 2014 municipal election ballot; and, WHEREAS, Minnesota Statute 410.12, Subd. 5 allows for Charter amendments to be put forth to voters by the City Council by first adopting an ordinance and forwarding to the Hutchinson Charter Commission for review and recommendation; and, WHEREAS, the proposed amendment is attached to this ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, THAT The proposed amendment to Hutchinson City Charter Section 2.04 attached hereto as Exhibit A allowing for four -year mayoral terms be adopted by ordinance and forwarded to the Hutchinson Charter Commission for review and recommendation. Upon receiving a recommendation from the Charter Commission, the proposed amendment will be placed on the 2014 municipal election ballot. Any Charter amendment approved increasing the mayoral term to four years shall not take effect until the election for the office of mayor in the year 2015. Ordinance No. 14 -728 is hereby adopted by the City Council this 14th day of June, 2014. Attest: Marc A. Sebora, City Administrator Steven W. Cook, Mayor HUTCHINSON CITY COUNCIL city -f 0, "J N Request for Board Action 79 M-W Agenda Item: Planning Commission Items - C.U.P. for Disabled American Veterans Bldg. Department: Planning LICENSE SECTION Meeting Date: 5/24/2014 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: Disabled American Veterans are requesting a Conditional Use Permit to construct a building for their operations at 167 and 177 3rd Ave NW in the C -5 zoning district. The building will be confined to 177 3rd Ave. NW. Please see the attached Staff report for more detailed information. The Planning Commission voted unanimously to approve this request at their May 20, 2014 meeting. BOARD ACTION REQUESTED: Approval of Conditional Use Permit with stated conditions. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: MEMORANDUM DATE: May 20, 2014 for the May 27, 2014 City Council meeting TO: Hutchinson City Council FROM: Dan Jochum, Planning Director SUBJECT: CONDITIONAL USE DISABLE DAME RICAN AVE. NW APPLICANT: D.A.V. Background: PERMIT TO CONSTRUCT A BULDING FOR VETERANS OPERATIONS AT 167 AND 177 3RD Construction of a building in the C -5 Zoning District is proposed by the D.A.V. This property is also in the River Overlay District which provides guidelines regulating the appearance of structures in this district. This proposal was first discussed at the previous Planning Commission meeting. Please see staff report for more detailed information. Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their May 20, 2014 meeting. There were no neighboring property owners objecting to the request. City Staff addressed the appearance guidelines of the River Overlay District and the level of development in the district since its creation. City staff addressed the effect of the recent economic recession on development in this district and the City as a whole. Mr. Van Karg of the Disabled American Veterans (D.A.V.) spoke and gave more details about the proposed project and landscaping that would be completed by the D.A.V. to spruce up the site. City staff recommended approval of one the D.A.V.'s proposed building options with the addition of nine (9) conditions noted in the Resolution. After discussing the request, the Planning Commission unanimously recommended approval. DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Mike Schumann, Dan Hatten, Dave Hunstad, Brian Mehr, Dolf Moon, Jean Ward, Jeremy Carter, John Olson, John Paulson, John Webster, Judy Flemming, Kent Exner, Lee Miller, EDA Intern, Lenny Rutledge, Marc Sebora, Mike Babe, Steve Landcaster Dan Jochum and Andrea Schwartz (Persons in attendance at Planning Staff Meeting (in bold) Date: May 12, 2014, for May 20, 2014 Planning Commission Meeting Application: Consideration of a Conditional Use Permit Applicant: Disabled American Veterans Conditional Use Permit Disabled American Veterans are requesting a Conditional Use Permit to construct a building for their operations at 167 and 177 3rd Ave NW in the C -5 zoning district. The building will be confined to 177 3rd Ave. NW. F" HIGHWAY 7 W 204 198 184 174 197 187 177 164 154 Z 16' 3RD AVE NW C.U.P 167 & 177 3 "d Ave NW Planning Commission — 05/20/14 Page 2 GENERAL INFORMATION Existing Zoning: C -5 (Conditional Commercial) Property Location: 167 and 177 3rd Ave. NW, Lots 8 and 9, Block 23, Townsite of Hutchinson, North Half Lot Size: .20 acres for each lot Existing Land Use: Vacant Adjacent Land Use And Zoning: C -5 (Conditional Commercial) Comprehensive Land Use Plan: Mixed Use Zoning History: A Conditional Use Permit was approved for the construction of a commercial business at this location in 2002. The property was zoned C -5 in 1996. There are no permitted uses in the C -5 District. All uses require a Conditional Use Permit. Applicable Regulations: Section 154.065; Section 154.170, Section 157 Building: The proposed building is 3,600 sq. ft. Analvsis: The applicant, Disabled American Veterans is requesting a conditional use permit to operate a business that assists Disabled Veterans with, transportation, clothing, other goods, and similar services. The building will include a warehouse area, as well as a small office. The warehouse will be used to store handicap equipment such as beds, wheelchairs, and other similar medical equipment that is needed by disabled veterans. The DAV has presented two building options. Per the C -5 Zoning District regulations the Planning Commission has to approve the building design and forward the recommendation on to City Council. Option 1 is their original building concept with color pictures this time instead of black and white. The building is a framed structure with a foundation with steel siding. It is a tan and maroon in color and would have windows on the east side and south side for sure. Staff felt this building was nicer looking than many of the other buildings in this area. Option 2 is similar to the first building in that is a framed structure with a foundation with steel siding. This option differs in that it features a brick wainscoting along the bottom. It should be noted that the brick wainscoting is only available in light colors and not the darker colors traditionally seen in brick. Staff also felt this building was nicer looking than many of the other buildings in the area. C.U.P 167 & 177 3 "d Ave NW Planning Commission — 05/20/14 Page 3 Overall, staff felt that option 2 did not look really any better than option 1 even though the brick wainscoting was added to option 2. It should also be further noted that this property is zoned C -5 which is the conditional commercial district. That means everything in the district needs a conditional use permit. The following is noted about building design in the C -5 District: Building design and construction. Any building or structure within the C -5 district shall be designed to promote the use and enjoyment of adjacent properties and be architecturally harmonious with the adjacent properties. Buildinz designs shall be approved by the city's Planninz Commission at the time a conditional use permit is approved. In addition, the property is located within the River Overlay Zoning District. The river overlay zoning district was created in May 2008. The purpose of this district is to realize the goals and vision established by the Highway 7 Corridor Study and Small Area Plan that was approved in December 2007. The following is the area the River Overlay District encompasses (see dashed lines). C.U.P 167 & 177 3 "d Ave NW Planning Commission — 05/20/14 Page 4 X-N&SWIN) �� IIIYIIU II -- YIIII #111 ;� =' a: : F■ � qfi ry�gj ■r dE III II I�il�� "� :1 Mw � .. ■r ++ fi 1 ■11111'■ ' ■ X111 11111 IIII #II■ "' p::: ��111 • 1`■ r` . rp =II�111 if lit fryr _■ N iti , � 11lIIIII HIM ■■ '- i1 11111111 Ulm 4 1 •■ ■ ■ IIII y" -■ =+ is I r � jai■ '�� ■r t1� �Y� ■� -mss - 1� It 1'� Ww. ■ � ■IIII ,r■ � r - �- The River Overlay District has been in place, as noted above since May 2008 and it appears that one project has been constructed in this area since the ordinance was adopted and that project is the NuCrane Manufacturing Building, which was approved for construction with a Conditional Use Permit by the Planning Commission and City Council in April 2009. There was no mention of the River Overlay District when this project was approved. Based on the building that was constructed, which is a steel structure with a precast concrete foundation, it appears the River Overlay District Standards were not used for this project. C.U.P 167 & 177 3 "d Ave NW Planning Commission — 05/20/14 Page 5 As noted by Staff at the April Planning Commission meeting, staff feels like some of the language in the River Overlay District is ambiguous. This includes the following: Quality, durable, building materials are required, such as brick, stone, stucco, rock face concrete block, and other durable attractive materials. Temporary structures, pole type construction, and metal sheds are notpermitted. Staff felt that a steel building is certainly a quality and durable material. The last sentence noting "... other durable attractive materials" was particularly troubling to staff as this is a very subjective. What may be durable or attractive materials to one person may not attractive to another. Because of the ambiguity of this particular portion of the River Overlay District Ordinance and the fact that the underlying zoning district (C -5) indicates building design needs to be approved by the Planning Commission, staff felt that the applicant should have the opportunity to present their plans to the Planning Commission. In addition, another determining factor to send the application to the Planning Commission for consideration was the NuCrane project from 2009 that is a very similar building type (steel). History of River Overlav District and Local Economv Typically the Staff report would not get into as much detail regarding the formation of the Zoning Overlay District and history of how that district was developed. However, in this case it is important to understand the context in which the Overlay District was created and what was happening with the larger economy at that time. There have been significant changes in the local and national economy and real estate market since the Highway 7 Corridor Study and Small Area Plan was completed and the subsequent River Overlay Zoning District was approved in May of 2008. The following timeline highlights some of the relevant issues related to this proposed DAV site and some of the larger economy /market issues as well that may show why a change to a more realistic vision is needed for the Highway 7 Corridor. • Summer/Fall 2005 Highway 7 reconstruction begins • July 2006 - U.S. Home prices hit their highest point ever. • May 2007 — Highway 7 Corridor Study is started. • October 2007 — Stock Market (DOW) hits highest point ever. • October 2007 — Highway 7 reconstruction is completed. • December 2007 — Great Recession officially begins. • December 2007 — Highway 7 Corridor Study is adopted. • February 2008 — Fire Destroys Right -way Builders building at 177 3rd Ave NW (proposed site of DAV building) • May 2008 — River Overlay Zoning District Established • Fall 2008 — Major national economic issues (large corporate bankruptcies /government bailouts, Fed lowers benchmark interest rate to 0 %). • February 2009 — Economic Stimulus package signed into law. • March 2009 — Stock Market hits low point of recession. • April 2009 — NuCrane project receives City approval for construction. • June 2009 — Recession is officially over. To show the impact of the recession did to the local economy, the following are building permit valuations for Hutchinson over the past several years: C.U.P 167 & 177 3 "d Ave NW Planning Commission — 05/20/14 Page 6 • 2013 - $15,000,000 • 2012 - $7,850,000 • 2011 — $8,860,000 • 2010 — $26,500,000 (one project accounted for $18,000,000) • 2009 - $19,230,000 • 2008 - $16,000,000 • 2007 - $26,360,000 • 2006 - $44,910,000 • 2005 - $23,440,000 • 2004 - $38,760,000 The recession officially started at the end of 2007 but it took awhile to feel the effects of that in Hutchinson. Typically, it takes longer to feel the effects of a recession in smaller regional center communities but also takes longer for these areas to recover. Starting in 2010 the local building economy /real estate market really started to feel the effects of the recession. If it weren't for the Harmony River nursing home project there would have only been $8,500.000 in valuation in 2010. The building valuations didn't start increasing again until 2013 and still are well below pre- recession levels, which is an indication the local economy hasn't recovered yet. The purpose of showing the detailed timeline of both local events that were related to the Highway 7 Study/River Overlay District, as well as the National economic events is to demonstrate that there was a major downturn in the economy that was basically occurring as the Highway 7 Study and River Overlay District were being adopted. Prior to this major economic collapse, and with Highway 7 just having been reconstructed, there was very good reason to believe that the Highway 7 Corridor in Hutchinson was an area that was prime for redevelopment. However, because of the large overshadowing economic issues that basically coincided with the Highway 7 Study and River Overlay District, it likely will be very difficult, if not impossible to implement any of the recommendations from these two documents within the next 10 to 20 years, at least for properties that haven't already been assembled for redevelopment or properties that don't have riverfront amenities. Because of this, staff recommends that the River Overlay Zoning District be re- evaluated by the Planning Commission and City Council to make sure the Ordinance is consistent with real estate market realities in Hutchinson today and the foreseeable future. Conclusion Staff felt it was important to understand the context in which the River Overlay District was developed, which is why the previous several paragraphs related to the economy /market dynamics were included. Because of the information noted above, staff recommends approving one of the building concepts that DAV is come forward with. Staff reviewed both concepts and felt each would be a major improvement to the area in question. The DAV has noted that the concept with the brick wainscoting is much more expensive than the original concept and feels it looks worse than the original concept. It should be also noted that the DAV plans on constructing a retaining wall out of block retaining wall material that will look very nice. C.U.P 167 & 177 3 "d Ave NW Planning Commission — 05/20/14 Page 7 In closing, Staff Recommends that the one of the concepts for the DAV Building be approved by the Planning Commission and that the River Overlay District be reviewed and amended accordingly to ensure it is consistent with local market realities. Conditional Use Permit: The Conditional Use Permit (CUP) is required for a business in the C -5 Zoning District. The following are standards for granting a conditional use permit: (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. Recommendation: Staff recommends that Planning Commission choose one of the two building options presented and approve the conditional use permit. In addition, Staff recommends the Planning Commission and City Council review the River Overlay District and amend it as necessary to ensure it is consistent with local market realities since the economic downturn of 2008 to present. Staff recommends approval of the conditional use permit with the following recommendations: 1. The standards for granting a conditional use permit would be met, subject to the conditions stated. 2. The proposed building and site improvements shall comply with the standards of the C -5 district and the Zoning Ordinance as determined by City Staff and the City Council. 3. Fire hydrants must be located no farther than 400 feet from the building. 4. Any signage for the use will require a sign permit. 5. Any reconstruction of existing infrastructure within City of Hutchinson right of way or easement areas shall be the developer's responsibility, including necessary improvements and associated costs. This work shall meet all of the City's engineering standards and be approved by the City. 6. The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. If the proposed work impacts roadway traffic flow, a traffic plan must be submitted to the City Engineer for approval. All roadway work must be fully completed to City standards within 10 calendar days of the original disturbance. If the work isn't fully completed within 10 C.U.P 167 & 177 3 "d Ave NW Planning Commission — 05/20/14 Page 8 calendar days, the City reserves the right to have the work completed and invoice /assess the property owner for all associated costs. 7. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use requires approval of a new conditional use permit. 8. If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. Option #1 v T 1 le As i 4 i f�L A ?v f r � � � 1 ON �r: •� r s ol 4 i f�L A ?v f r � � CERTIFICATE OF SURVEY BENCNM K -for- DISABLED VETERANS eeNCHlAAR1r, EME — 1D57OG1E NAVD684308 5 LOCAL SM, PM NE OVAD WATER & 3RD-1047.2 ■ DENOTES IRON MONUMENT FOUND O DENOTES IRON MONUMENT SET, MARKED RLSJ 45356 046. DENOTES PROPOSED ELEVATION `Qa DENOTES POWER POLE DENOTES STORM SEWER MANHOLE 1f DENOTES LIGHT POLE 0 DENOTES CATCH BASIN ❑T DENOTES TELEPHONE PEDESTAL Gv NOR7I4 © DENOTES CABLE PEDESTAL DENOTES GATE VALVE QII DENOTES UTILITY BOX x 952.36 DENOTES EXISTING SPOT ELEVATION ------ C7_� DENOTES WOOD FENCE DENOTES CONCRETE SURFACE •• "•••• "......•••• " "' DENOTES EXISTING CONTOURS r I DENOTES BITUMINOUS SURFACE DENOTES EXISTING WATER MAIN C - A DENOTES GRAVEL SURFACE S89•09'02 °)V 13z ao - 1046 1046 i �i S.A 45.Y 45.5 p+r5 2_ ® L 66,00 4 i � r � r_� _ 3044 Fy6•A)`, ' a fa B' 1 1 F•+..] ! r q�, , r - 1xvil .l yn/•'^n¢(�� w� 'Y•5 ~t5L -� ice_ L•' �� $.i7 •� . � 1943.3 B LO 8, N LOT 'g - -8,123 ' SQ. FT, 5J° of 9EC_za f 8, 717 5 ]. FT. ;ry 0.{ll7C .. 1043-7 7 104t _. W a I ,+ 1 1 ��• ` a� 5 �9' •' 1 +`■ n• $5.9a ,46k4'i...: 65.94 $4 �� o�G` X31.92 p D8 J 6Cr 1042.1 D �p� . �fqq e'' FIr1041.5.. }042 x 1Qa1 -5a .4 1043.4 x 1aa2.5 -A n 3rd A vENUM NLU %1' RIM-1041.73 *BUILDER TO VERIFY BUILDING DIMENSIONS, SEWER DEPTH AND FOUNDATION DEPTH ■DRIVEWAYS ARE SHOWN FOR GRAPHIC PURPOSES ONLY. FINAL DRIVEWAY DESIGN AND LOCATION TO BE DETERMINED BY CONTRACTOR. .FINISHED GRADE ADJACENT TO BUILDING SHALL BE 0.5 FEET BELOW FINISHED FLOOR EXCEPT AT DRIVEWAY AND PATIO Lot 8 & 9, Block 23, NORTH HALF HUTCHINSON, McLeod County, Minnesota ADDRESS: LOT 8 -- #177 & LOT 9 -- #167 3RD AVENUE NW HUTCHINSON, MN 55350 Scale I "= 30' 1 Bearinq Datum: County Coordinates NAD83 {96ADJ] IJob No. 14116LS IDrwq By KDN I hereby certify that this plan, survey or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. 255 Hwy 7 East LAND SURVEYORS 255 Hwy 7 East E G. RUD & SONS, INC. HIUTCHINSON, MN 55350 $fir Ou. TEL. (3201587-2025 Dated this 24th day of Mnrrh 2014, Minnesota License No. 45356 W w.egrut.com 95 L -8 CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 14281 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A BUILDING FOR STORAGE FOR THE DISABLED AMERICAN VETERANS LOCATED AT 177 AND 167 3' AVE NW FACTS Disabled American Veterans, are the owner of a parcel of land located at 177 and 167 3rd Ave NW, Hutchinson Minnesota; and, 2. The subject property is legally described as: Lots 8 and 9, Block 23, Townsite of Hutchinson, North Half 3. Disabled American Veterans, have applied to the City for a conditional use permit to allow construction of a building for their operations located at 177 and 167 3rd Ave NW, Hutchinson MN. 4. The Planning Commission met on April 15, 2014 and May 20, 2014 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 subject to the following findings and conditions: a. The standards for granting a conditional use permit would be met, subject to the conditions stated. b. The proposed building and site improvements shall comply with the standards of the C -5 district and the Zoning Ordinance. C. Fire hydrants must be located no farther than 400 feet from the building. d. Any signage for the use will require a sign permit. e. Any reconstruction of existing infrastructure within City of Hutchinson right of way or easement areas shall be the developer's responsibility, including necessary improvements and associated costs. This work shall meet all of the City's engineering standards and be approved by the City. f. The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. If the proposed work impacts roadway traffic flow, a traffic plan must be submitted to the City Engineer for approval. All roadway work must be fully completed to City standards within 10 calendar days of the original disturbance. If the work isn't fully completed within 10 calendar days, the City reserves the right to have the work completed and invoice /assess the property owner for all associated costs. g. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use requires approval of a new conditional use permit. h. If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. i. The proposed building design must include the use of four -sided architecture to ensure its aesthetic compliance within the River Overlay District. Findings of Fact — Resolution # 14281 Disabled American Veterans CUP Page 2 5. The City Council of the City of Hutchinson reviewed the requested conditional use permit at its meeting on May 27, 2014, and 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: a. The standards for granting a conditional use permit would be met, subject to the conditions stated. b. The proposed building and site improvements shall comply with the standards of the C -5 district and the Zoning Ordinance. C. Fire hydrants must be located no farther than 400 feet from the building. d. Any signage for the use will require a sign permit. e. Any reconstruction of existing infrastructure within City of Hutchinson right of way or easement areas shall be the developer's responsibility, including necessary improvements and associated costs. This work shall meet all of the City's engineering standards and be approved by the City. f. The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. If the proposed work impacts roadway traffic flow, a traffic plan must be submitted to the City Engineer for approval. All roadway work must be fully completed to City standards within 10 calendar days of the original disturbance. If the work isn't fully completed within 10 calendar days, the City reserves the right to have the work completed and invoice /assess the property owner for all associated costs. g. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use requires approval of a new conditional use permit. h. If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. i. The proposed building design must include the use of four -sided architecture to ensure its aesthetic compliance within the River Overlay District. APPLICABLE LAW 6. The conditional use permit request meets the following standards as required in Section 154.170 of the City of Hutchinson Municipal Code: (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. CONCLUSIONS OF THE LAW 7. The requested conditional use permit is consistent with the comprehensive plan. Findings of Fact — Resolution # 14281 Disabled American Veterans CUP Page 3 8. The proposed use will not have a substantial or undue adverse effect upon adjacent property, character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare. 9. The proposed 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to issue a conditional use permit to allow construction of a building for operations of the Disabled American Veterans located at 177 and 167 3rd Ave NW, Hutchinson MN is approved. Adopted by the City Council this 27th day of May, 2014 ATTEST: Marc Sebora Steven W. Cook City Administrator Mayor HUTCHINSON CITY COUNCIL city -f 0, "J N Request for Board Action 79 M-W Agenda Item: Planning Commission Items - C.U.P. Amend PDD Heritage Estates 3rd Add. Department: Planning LICENSE SECTION Meeting Date: 5/27/2014 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: Mr. Wurdell is requesting a Conditional Use Permit to amend the Fairway Estates 3rd Addition Planned Development District (PDD) to reduce the front and corner side yard setbacks from 30' to 20' on lots 1 and 8 in Fairway Estates Third Addition. BOARD ACTION REQUESTED: Approve CUP amending planned development district for Heritage Estates 3rd Addition. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: MEMORANDUM DATE: May 20, 2014 for the May 27, 2014 City Council meeting TO: Hutchinson City Council FROM: Dan Jochum, Planning Director SUBJECT: CONDITIONAL USE PERMIT TO REDUCE SETBACKS FROM 30' TO 20' ON LOTS 1 & 8, Block 1, FAIRWAY ESTATES 3RD ADDITION APPLICANT: Gus Wurdell Background: Reduction of setbacks in Lots 1 & 8, Block 1, Fairway Estates 3rd Addition is proposed by Gus Wurdell. The affected lots are within a PDD district. Please see staff report for more detailed information. Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their May 20, 2014 meeting. There were no neighboring property owners objecting to the request. City Staff indicated that the setbacks have some flexibility in a PDD district. Mr. Wurdell briefly spoke about the number of homes under construction in this development and the potential for several more to break ground in the near future. Staff recommended approval with addition of three (3) conditions noted in the Resolution. After discussing the request, the Planning Commission unanimously recommended approval. DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Mike Schumann, Dan Hatten, Dave Hunstad, Brian Mehr, Dolf Moon, Jean Ward, Jeremy Carter, John Olson, John Paulson, John Webster, Judy Flemming, Kent Exner, Lee Miller, EDA Intern, Lenny Rutledge, Marc Sebora, Mike Babe, Dan Jochum and Andrea Schwartz (Persons in attendance at Planning Staff Meeting (in bold) Date: May 12, 2014, for May 20, 2014, Planning Commission Meeting Application: Consideration of a Conditional Use Permit Applicant: Gustav Wurdell, property owner CONDTIONAL USE PERMIT Mr. Wurdell is requesting a Conditional Use Permit to amend the Fairway Estates 3rd Addition Planned Development District (PDD) to reduce the front and corner side yard setbacks from 30' to 20' on lots 1 and 8 in Fairway Estates Third Addition. Conditional Use Permit Heritage Ave Planning Commission — 5/20/2014 Page 2 Existing Zoning: Property Location: Lot Size: Existing Land Use: Adjacent Land Use And Zoning: Comprehensive Land Use Plan: GENERAL INFORMATION R -1 PD (Single Family Planned Development District) Lots 1 and 8, Block 1, Fairway Estates Third Addition 53 and .79 acres Vacant R -1 PD (Single Family Planned Development District) Low Density Residential Neighborhood (2 to 4 units per acre) Zoning History: Property was rezoned from R -1 to R -1 PD in February 1999. The 3rd addition was platted in October 2006. A conditional use permit to amend the PDD to allow zero driveway setback for select lots was approved in January 2014. Applicable Regulations: Section 154.070 Analysis: These lots were originally platted as Outlot A in 1999 at the same time the property was rezoned from R -1 to R -1 PD. The R -1 PD allowed for dimensional standards for lots to be set on a lot by lot basis and "to encourage a more creative approach in the utilization of land which may be characterized by special features of the geography, topography, size or shape of a particular property; and to provide a compatible and stable environment in harmony with that of the surrounding area. Originally 30 foot front and corner side yard setbacks were planned for in this development. Conformance to the original plan is required otherwise changes are processed through an amendment to the PDD with a conditional use permit (Section 154.070, Hutchinson Zoning Ordinance). In 2006 Outlot A was platted into Fairway Estates 3rd Addition and included 8 lots. In April 2014 the City accepted a right -of -way plat to accept the private cul -de -sac in this development as a public street. The applicant is requesting to have the front and corner side yard setbacks on lots 1 and 8 be 20 feet instead of 30 feet. According to the applicant the reason for this request is the driveways for the proposed homes will not meet the locations approved for the driveways at the April 22, 2014 City Council meeting. Reducing the front setback from 30 feet to 20 feet will allow for ideal placement of homes on these lots and meet the driveway plan previously approved by the City Council. Conditional Use Permit Heritage Ave Planning Commission — 5/20/2014 Page 3 In addition, staff feels that because of the unique lot configuration of lot 8 that reducing the front setback would be warranted and wouldn't detract from the community character of the area. It should also be noted that a home with a side load garage is being proposed for lot 1. A 20 foot front setback would accommodate this type of home on the lot. The developer has provided a site plan of this development that shows how each of the lots and driveways will function. It would appear to staff that this layout would be acceptable. Lastly, it appears to staff that there is no need to reduce the corner side yard setback from 30 feet to 20 feet on either lot. For lot 1 the corner side yard setback is noted at a minimum of 30 feet and for lot 8 the home would front on Heritage Avenue NW and not the cul -de -sac meaning the corner side yard setback would face the cul -de -sac and it appears it would be 41.5 feet. Because of this staff only recommends amending the PDD to change the front setback from 30 feet to 20 feet. Conditional Use Permit: The Conditional Use Permit (dCUP) is needed to amend the Planned Development District for lots 1 and 8 of Fairway Estates 3r Addition to allow a front setback of 20 feet rather than 30 feet. The following are standards for granting a conditional use permit: (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. Recommendation: Staff recommends approval of the request with the following conditions: 1. The standards for granting a conditional use permit would be met, subject to the conditions stated. 2. The proposed building and site improvements shall comply with the standards of the R -1 PD district and the Zoning Ordinance, as well as all other City regulations. 3. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. SKETCH FOR GUS WURDELL Sketch showing proposed reduction in street LOT I, BLOCK 1, FAIRWAY ESTATES THIRD ADDITION setback from 30 feet to 22.5 feet along Heritage Court NW. I Q 0 rz :" [�7 o� Y N Go CD CD 0 u a I 1 - - - - -', Se3v05`01 "w 15D• 16 I I � PRaPOSEa 1 HOUSE 5.6+ � X3'13 n �- L'S9.91 Al iI Gora9a m� Ij z 12,67 4 pTalntlpb 8 Wlxt, oa.rrknl � � � � � .� OUTLO -T� (Herila yrr NWQe co' A- 37°44 0 !0 20 40 scale Ir7 fee! ?t9 o i r l J .470 L.lR7-rr A= 18�47v R - - - - - - NB6026'08'E 145.9.1 1 hereby cerrlfy rhof sh1z Survey, Plan or R d b me er under dlracr eporr ras Prepor■ y nD' sIlperv,, I on and 141 1 om o duly Ii0a e0 Land Surveyor ender fhe laws of fha Stole of Mlnneaafv. HERITAGE AVENUE NW PEUJNEN LAND SURVEYING, INC P 0 Box 35 Hutchinson, Minnesota 55350 Phone (320) 587 -4789 Fax (320) 587 -3752 JOB NO 14046A 9K SKETCH FOR GUS WURRELL LOT 8, BLOCK I, FAIRWAY ESTATES THIRD ADDITION 9kalch showing pr=*d raCucliDn in slrnat k.*ock 1fom 30 iaa} }0 20 Nal Olonq i{arilog4 �. ANanW NW. I \ \ g a % ti l.Ifi acid 1 . i I i I 4 ...I II vi l - ie...rrr.rw ..n ~ i lo : e` i eii'dIl. 1 �f f. P O Y0 3E . Hrrc Alnfon, 161 if A 60 70- Id lie- ro T 0'4 WID T" UFA ES,j ANt AOJf)Wft'6 tZN-,tjT,()ff -.Wj ri.rNF.s AlqO 6 FFY- r rN V�Jl f.--S,5 0 rrd PWi!7C ;NPAC.A t:o A/." AAIehWdVC; p k),' CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 14283 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT TO REDUCE THE SETBACKS FROM 30' TO 20' ON LOTS 1 & 8, BLOCK 1, FAIRWAY ESTATES 3' ADDITION FACTS Gustav Wurdell is the owner of a parcel of land located at 1443 and 1415 Heritage Ct NW, Hutchinson, MN; and, 2. The subject property is legally described as: Lots 1 and 8, Block 1, Fairway Estates 3rd Addition 3. Gustav Wurdell, has applied to the City for a conditional use permit to allow reduction of the front setbacks from 30' to 20' at Lots 1 and 8, Block 1, Fairway Estates 3rd Addition, Hutchinson MN. 4. The Planning Commission met on May 20, 2014 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 subject to the following findings and conditions: a. The standards for granting a conditional use permit would be met, subject to the conditions stated. b. The proposed building and site improvements shall comply with the standards of the R -1 PD district and the Zoning Ordinance. C. Fire hydrants must be located no farther than 400 feet from the building. d. Any reconstruction of existing infrastructure within City of Hutchinson right of way or easement areas shall be the developer's responsibility, including necessary improvements and associated costs. This work shall meet all of the City's engineering standards and be approved by the City. e. The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. If the proposed work impacts roadway traffic flow, a traffic plan must be submitted to the City Engineer for approval. All roadway work must be fully completed to City standards within 10 calendar days of the original disturbance. If the work isn't fully completed within 10 calendar days, the City reserves the right to have the work completed and invoice /assess the property owner for all associated costs. f. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use requires approval of a new conditional use permit. g. If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. The City Council of the City of Hutchinson reviewed the requested conditional use permit at its meeting on May 27, 2014, and has considered the recommendation and findings of the Planning Findings of Fact — Resolution # 14283 Fairway Estates 3 "d Addition CUP Page 2 Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: a. The standards for granting a conditional use permit would be met, subject to the conditions stated. b. The proposed building and site improvements shall comply with the standards of the R -1 PD district and the Zoning Ordinance. C. Fire hydrants must be located no farther than 400 feet from the building. . d. Any reconstruction of existing infrastructure within City of Hutchinson right of way or easement areas shall be the developer's responsibility, including necessary improvements and associated costs. This work shall meet all of the City's engineering standards and be approved by the City. e. The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. If the proposed work impacts roadway traffic flow, a traffic plan must be submitted to the City Engineer for approval. All roadway work must be fully completed to City standards within 10 calendar days of the original disturbance. If the work isn't fully completed within 10 calendar days, the City reserves the right to have the work completed and invoice /assess the property owner for all associated costs. f. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use requires approval of a new conditional use permit. g. If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. APPLICABLE LAW 6. The conditional use permit request meets the following standards as required in Section 154.170 of the City of Hutchinson Municipal Code: (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. CONCLUSIONS OF THE LAW 7. The requested conditional use permit is consistent with the comprehensive plan. 8. The proposed use will not have a substantial or undue adverse effect upon adjacent property, character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare. Findings of Fact — Resolution # 14283 Fairway Estates 3 "d Addition CUP Page 3 9. The proposed 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to issue a conditional use permit to allow reduction of the front setbacks from 30' to 20' at Lots 1 and 8, Block 1, Fairway Estates 3rd Addition, Hutchinson MN is approved. Adopted by the City Council this 27th day of May, 2014 ATTEST: Marc Sebora Steven W. Cook City Administrator Mayor HUTCHINSON CITY COUNCIL city -f 0' "J N Request for Board Action 79 M-W Agenda Item: Short -Term Gambling License - Voiture Local No. 414 Department: Administration LICENSE SECTION Meeting Date: 5/27/2014 Application Complete Yes Contact: Marc Sebora Agenda Item Type: Presenter: Reviewed by Staff ✓❑ consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: The Voiture Local No. 414, a club, has submitted a short -term gambling license application into administration for review and processing. The application is for an event the organization is holding on November 5, 2014, at the American Legion. The applicant has completed the appropriate application in full and all pertinent information has been received. BOARD ACTION REQUESTED: Approve issuing short -term gambling license to Voiture Local No. 414 on November 5, 2014. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: City of 1 I i Hassan Street Southeast Hutchinson, MN 55350 (320) 587 -5151 Fax: (320) 7344244 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 A; lI cation Type ]� Short Term Dates) -r j �y - i�- / Fee: hlonthlDaYlYear - Manthlaav /Year Or anization Information ��T��f�dr.�� �Iy, Name Address where regular meeting are held City S30.Q0 511 -5114 Ck,* 447c - 07 -. ? 02,5`9 Phone Number /))A) S-� 5-4) State Zap Day and time of meetings? %57- IVIVVPsay erAev;rW 47 9 1�vpw Is this organization organized under the laws of the State of Minnesota? Myes ❑ no How long has the organization been in existence? J9,2 v2 How may members in the organization? /-;0 What is the purpose of the organization? 4411W -5 �SciJat.9 fi4+l� � �i'✓I1,pW6rL f/I j =T ,� fr'j In whose custody will organization records be kept? Name Phone Number A11-1 5,37,<19 Address City State Zits Duly Authorized Office;; he Organization Information f True Name Phone Number Residence Address City State Zip r- / Date of Birth: � G •� 1 1 % ` Place of Birth: JI)IY {,4 Al Month/daylyear City State Have you ever been convicted of any crime other than a traffic 1. offense? ❑ yes no If yes, explain: City of Hvtchrnsan Application for Gambling Devices License Page 2 of 3 Desi hated Gambling Manager Minnesota Statute §329) R100R O A A)ekffc_t9 _5T7— 9,1- 5-9 -- -- True Name Phone Number 6 �Q S L�ril+tlf etc Aewt 5'� w Ivit) J�r3j-o Residence Address City State Zip Date of Birth: 1 1 .-'r Place of Birth:��� L�1 Month /day/year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes X110. If yes, explain: How long have you been a member of the organization? -1C ]I�y� a f Game Information - Location # 1 9 -:re7 ,116 J64- 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: Ll through 11-,,2S_" %�9 AM AM Hours of the day gambling devices will be used: From e�a '�'�� �a To /'0 • dd M Maximum number of player: 19 Will prizes be paid in money or merchandise? ❑ money 'A merchandise Will refreshments be served during the time the gambling devices will be used? V yes ❑ no If yes, will a charge be made for such refreshments? yes ❑ no Game Information Location #2 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 FM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Wilt refreshments be served during the time the gambling devices will be used? ❑ yes 0 no If yes, will a charge be made for such refreshments? ❑ yes ❑ no City of ltutehimon Application for Gambling Devices License Page 3 of 3 LOfficers of the D_ rganization (i f necessary; list additional names on separate sheet YWP rt��) ,r,V H o 6;)f" Name Title 1 .239 geo r-z ev 5.4' ryld) 5� Residence Address City State Zip Name Title Residence Address Name Residence Address h!tMWZIJA 4W -5-5 -33-0 City State Zip —Tx, Title aft City State Zip Officers or Other Persons Paid for Services Information (if necessary, list additional names on separate sheet) Name Title Residence Address City State Zip Nance 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 es ❑ no } g g y " Authorized officer yes ©no , , Initial initial 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. a- �iaev.� 7� % /' �' / e �8rgnature 6f authorized officer of organization Date Signature of gambling naa gar of organization Date Internal Use Only _ -- - - -� -- City Council ❑ approved ❑ denied Notes: HUTCHINSON CITY COUNCIL city -f 0, "J N Request for Board Action 79 M-W Agenda Item: Gambling Premises Permit Application - American Legion Post 96 Department: Administration LICENSE SECTION Meeting Date: 5/27/2014 Application Complete Yes Contact: Marc Sebora Agenda Item Type: Presenter: Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: The American Legion has submitted an application to provide gambling devices (pull tabs) at Aztec Mexican Grill located at 101 Main Street South. State law requires that Cities grant approval of the premises permit application. The owner of Aztec Mexican Grill has approved the permit as well. The applicant will then submit the final application to the State Gambling Control Board for their authorization. BOARD ACTION REQUESTED: Approve premises permit application to American Legion to operate gambling devices (pull tabs) at 101 Main Street South. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: MINNESOTA LAWFUL GAMBLING 12112 Page 1 of 2 LG214 Premises Permit Application Annual Fee $150 (NON REMNDABLE) Required Attachments to LG214 1. If the premises is leased, attach a copy of your lease. Mail the application and required attachments to: Use LG215 Lease for Lawful Gambling Activity. Gambling Control Board 2. $150 annual premises permit fee, for each permit 1711 West County Road B, Suite 300 South (non refundable). Roseville, MN 55113 Make check payable to "State of Minnesota." Organization Information 1 ' 1. Organization name m C, 1,j �`� 2. Chief executive officer (CEO !i - 3. Gambling manager- •CJi �7 —!% Gambling Premises Information Questions? Call 651- 539 -1900 and ask for Licensing. License number V_) Daytime phone_ ?_6� Daytime phone 4. Current name of site where gambling will be conducted 5. List any previous names for this location 6. Street address where premises is located 10 1, vi ,'C. id) Do not use a P.O. box number or mailing address. 7. City OR Township pp ounty Zip code 8. Does your organization own the building where the gambling will be conducted? Yes No If no, attach LG215 Lease For Lawful Gambling Activity. A lease is not required if only a raffle will be conducted. 9. Is any other organization conducting gambling at this site? Yes %ti No Don't know 10. Has your organization previously conducted gambling at this site? E]Yes No Don't know Gambling Bank Account Information. Must be in Minnesota. 11, Bank name Bank a count number 7 12, Bank street address City State Zip code All Temporary and Permanent off -site Storage Spaces 13. Address (Do not use a P.O. box number) City State Zip code r- y MN 1��L.f�� 14. Address (Do not use a P.O, box number) City State Zip code MN LG214 Premises Permit Application 12/12 Page 2 of 2 Acknowledgment by Local Unit of Government: Approval by Resolution CITY APPROVAL I COUNTY APPROVAL for a gambling premises for a gambling premises Local unit,a!•ga46rnment located within city limits nui slgn I located in a township City name Date approved by city council Resolution number Signature of city personnel Title . Date signed Acknowledgment and Oath 1. I hereby consent that local law enforcement officers, the Board or its agents, and the commissioners of revenue or public safety and their agents may enter and inspect the premises. 2. The Board and its agents, and the commissioners of revenue and public safety and their agents are authorized to Inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. 3. I have read this application and all information submitted to the Board is true, accurate, and complete. 4. All required information h)s been fully disclosed. 5. I a the chief exec the filter of the organization. lgignature /Chief Executive Offir� des €gnee may not sign] Print name f_� f,,4 ��� 1 0 -7 7-/ Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be Involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, If your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to Issue a permit. If your organization supplies the information requested, the Board will be able to process your organization's application. Your organization's name and address wilt be public infor- mation when received by the County name Date approved by county board Resolution number Signature of county personnel Title Date signed TOWNSHIP NAME Complete below only if required by the county. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. [A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.] Print township name Signature of township officer Title Date 6. I assume full responsibility for the fair and lawful operation of all activities to be conducted. 7. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, Including amendments to them. 8. Any changes in application information will be submitted to the Board no later than 10 days after the change has taken effect. 9. I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. 10. I understand the fee is nonrefundable regardless of license approval/denial. /�] /�- ]' Vic.; � •� Date Board. All other information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public_ If the Board does not issue a permit, all information provided remains private, with the excep- I lon of your organization's name and address which will remain public. Private data about your organization are available to: Board members, Board staff whose work requires access to the infor- mation; Minnesota's Department of Public This form will be made available in alternative format, i.e. large print, Braille, upon request. Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gam- bling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. MINNESOTA LAWFUL GAMBLING LG215 Lease for Lawful Gambling Activity Organization Address 7 Name of leased premises Street address city fk 7 &i, I i tV L mkl"i,� s 1 f Cc ./ SVl4 [ is Lj LI,N*In ?'•_'L Name of legal owner Business /street address city Ce-c -l"CL RcCrFeji rr�[ i,"54'� e � 5 t, zt fO �•l�,Y_ .�, Name of lessor [if same as legal owner, write in "SAME" LCC i I Revised 11/12 Page 1 of 2 License /site number C C i -- C .� State Zip MN State ;4A) Zip C3 Daytime phone Daytime phone .32_0.51VW& L Daytime phone Check applicable item: ❑ 1. New lease. Do not submit existing lease with amended changes. Date that the changes will be effective. Submit changes at least 10 days before the effective date of the change. 2. New owner. Effective date Submit new lease within 10 days after new lessor assumes ownership. Check all activity that will be conducted (No lease required for raffles) FKA Pull -tabs ❑Electronic pull -tabs [must also sell paper pull -tabs] L,tS [paper) ® Pull -tabs [paper] with dispensing device ❑ Linked electronic bingo Electronic games may only be conducted at: ❑ Barbing❑ ❑ Bingo (1) a premises licensed for the on -sale or off- -sale of intoxicating liquor or 3.2 percent F Tipboa rds malt beverages [but does not include a general food store or drug store permitted to sell alcoholic beverages under Minn. 5tat. 340A,405, subdivision I]; or 1-1 Paddlewheel 0 Paddlewheel with table (2) a premises where bingo is conducted as the primary business and has a seating capacity of at least 200. PULL -TAB, TIPBOARD, AND PADDLEWHEEL RENT Separate rent for booth and bar ops. BOOTH OPERATION - Some or all sales of gambling equipment are conducted by an employee/volunteer of a licensed organization at the leased premises. ALL GAMES, including electronic games - Monthly rent to be paid, _ %, not to exceed 10% of gross profits for that month. • Total rent paid from all organizations for only booth operations at the leased premises may not exceed $1,750. • The rent cap does not include BAR OPERATION rent for electronic games conducted by the lessor. BAR OPERATION -All sales of gambling equipment conducted by the lessor or lessor's employee. ELECTRONIC GAMES - Monthly rent to be paid, %, not to exceed 15% of the gross profits for that month from electronic pull -tab games and electronic linked bingo games. ALL OTHER GAMES - Monthly rent to be paid, %, not to exceed 20% of gross profits from all other forms of lawful gambling. If any booth sales conducted by a licensed organization at the premises rent may not exceed 10% of gross profits for that month and is subject to booth operation $1750 cap. BINGO RENT for leased premises where bingo is the primary business conducted, such as bingo hall. Bingo rent is limited to one of the following: Rent to be paid, 0/a, not to exceed 10% of the monthly gross profit from all lawful gambling activities held during bingo occasions, excluding bar bingo. OR- Rate to be paid $ per square foot, not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board. The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor. o Rent may not be paid for bar bingo. o Bar bingo does not include bingo games linked to other permitted premises. LEASE TERMINATION CLAUSE. Must be completed. The lease may be terminated by either party with a written :�67 day notice. Other terms LG215 Lease for Lawful Gambling Activity Revised 11/12 Page 2 of 2 Lease Term - The term of this agreement will be concurrent with the Other Prohibitions - The lessor will not impose restrictions premises permit issued by the Gambling Control Board (Board). on the organization with respect to providers (distributor or linked bingo game provider) of gambling - related equipment Management - The owner of the premises or the lessor will not and services or in the use of net profits for lawful purposes. manage the conduct of lawful gambling at the premises. The organization may not conduct any activity on behalf of the lessor on the leased premises. Participation as Players Prohibited - The lessor will not participate directly or indirectly as a player In any lawful gambling conducted on the premises. The lessor's immediate family and any agents or gambling employees of the lessor will not partic €pate as players in the conduct of lawful gambling on the premises, except as authorized by Minnesota Statutes 349.181. Illegal Gambling - The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for Illegal gambling violations in Minnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the organization to withhold rent For a period of up to 90 days if the Board determines that illegal gambling occurred on the premises or that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organization is authorized without payment of rent during the time period determined by the Board for violations of this provision, as authorized by Minnesota Statutes 349.18, Subdivision 1(a). To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that vio €ate$ the prohibitions against illegal gambling in Minnesota Statutes 649.75. Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms of this lease, if the organization or its agents are found to be solely responsible for any illegal gambling, conducted at this site, that is prohibited by Minnesota Rules 7861.0260, Subpart 1, Item H or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. The lessor must not modify or terminate the lease in whole or in part because the organization reported, to a state or local law enforcement authority or the Board, the conduct of illegal gambling activity at this site in which the organization did not participate. Acknowledgment of Lease Terms The lessor, the lessor's immediate family, any person residing in the same residence as the lessor, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. The lessor must not modify or terminate this lease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to whether a violation occurred, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. Access to permitted premises - Consent is given to the Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel to enter and inspect the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the premises during any time reasonable and when necessary for the conduct of lawful gambling. Lessor records -The lessor must maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand, The record must be maintained for 3 -1/2 years. Rent all - inclusive - Amounts paid as rent by the organization to the lessor are all- inclusive. No other services or expenses provided or contracted by the lessor may be paid by the organization, including but not limited to: trash removal - janitarial and cleaning services - electricity, heat - other utilities or services - snow removal lawn services - storage - security, security monitoring - cost of any communication network or service required to conduct electronic pull -tabs games or electronic bingo - in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual. I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. Other terms of the lease Si natur f lesstl� ,;,ate Signa re of organlzatio afFi ' I [lessee] Date Pr' t name and title of I or Print name and title of lessee Questions? Contact the Licensin Sectidn Gambling Control Board at 651- 539 -1900. This publication will be made available in 9 � 9 � P alternative format (i.e. large print, Braille) upon request, Data privacy notice: The information requested on this form and any attachments will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governinq lawful gamblinq activities. HUTCHINSON CITY COUNCIL Request for Board Action Agenda Item: Transient Merchant License Application Department: Police LICENSE SECTION Contact: Daniel T. Hatten Application Complete Yes Presenter: Daniel T. Hatten Reviewed by Staff ✓❑ Time Requested (Minutes): 2 License Contingency No BACKGROUND /EXPLANATION OF AGENDA ITEM: Meeting Date: 5/27/2014 Agenda Item Type: Consent Agenda Attachments: Yes A background investigation was conducted on Phillip Westby for the purpose of obtaining a transient merchant license in the City of Hutchinson. Mr. Westby has applied for a license to sell farm fresh produce under the name of The Country Stop. This business will be located back at 945 Hwy 15 S, the current Walgrens location. The business was licensed under Mr. Westby in previous years without issue. Mr. Westby does not have a criminal history or any violations on his driving record. His contacts with law enforcement in the in -house records have been for licensing of the business. It would be my recommendation to issue the transient merchant license to Phillip Westby. BOARD ACTION REQUESTED: Approval Fiscal Impact: $ 0.00 FTE Impact: 0.00 Included in current budget: PROJECT SECTION: Total Project Cost: Total City Cost: Remaining Cost: IM Funding Source: Budget Change: $ 0.00 $ 0.00 Funding Source: $ 0.00 Funding Source: No )A� lil Hassan Street Southeast Hutchinson, MN 55350 (320) 557- 5151[Fax (320) 234-4240 City of Hutchinson APPLICATION FOR PEDDLERS AND TRANSIENT MERCHANTS (Under Ordinance No. IIt) Application- Type (choose ojie) . Q Peddler Transient Merchant ❑ Parade Peddler Apph cant 'Infdritation . 2" X 2" Picture Required on Fit S125.00 Date of Application $ 125.00 License Period: ❑ Expires on December 31 11 of license year ❑ Valid for the followi g dates: S]L9��y to V i +] $ 34.00 Date of parade: s / �1y Name: I r]I.'� Il +�I�f1 ve�4 Y Height: G Weight: G�� Eye Color; Driver's License Number: LState- Permanent Address: V eoo /VV .� _T IV LP'Ida'4 /�A/ 'x4773 City pp Slate r� zip Permanent Telephone: 20 Temporary Address: 04, State 2ep Temporary Telephone Access: Have you been convicte�pny crime, misdemeanor, or violation of any municipal ordinance, other than traffic violations? ❑yes o If yes, state the nature of offense and punishment or penalty assessed therefore: City of Hutchinson Application for Peddlers and Transient Merchants Page 2 of 4 Locatik Information =: ocation Name (CANNOT OCCUPY PUBLIC RICIiT -OF -WAY) 9qS _!� p &,/ IS P�4&. olt Location A Tess City State Zip If the applicant is not the property owner, the property owner must sign below granting permission for use of said property: Property owner signature Properly owner name ' �ki53rke55 ).t2'ffiii}T3tiOn Describe relationship between applicant and employer: © W/1 el, Describe nature of business and describe item(s) offered- RP / ►`1 54 lee - af-'- ern Describe method of delivery: Describe source of supply: 6911w c� I � upplier Name Suppler Phone Number Supplier Address GO, State zip Supplier Name Suppler Phone Number Supplier Address City Stale Zip Supplier Name Suppler Phone Number Supplier Address City State Zip H of even c d. I of orrn ati on . Provide two (2) pm erty owners (in McLeod County) for character references: �f_Wt7 �S7 -f37 --ISIS Property Owner Name Property Owner Phone Number ISydo // '4 CI��r::Pell ���� pe,r, r ss 9 Pro rly Owner Address City Stale Zip City of Hutchinson Application for Peddlers and Transient Merchants Page l of 4 ell f..43 Property Owner Name i-,poerry owner Address Property Owner Phone Number e 14ilil SdI f City State Zip Refezence lnfom•Tatibn (continued):. , x. List Iast (up to three (3)) previous city(ies) where you carried on same activity (immediately preceding today's date): 6ft'&V r l� -o IJ � s to y L'iry �Grk �1�� State rho' Dwe(s) Artivily ��s�- � o Y/0/5- Ltty' 101 lak � State /1W � ��%] Dale "' afActitiivi�ry A3 /r/ to/ � L f City State Dates) of Activity -- - - - - - Checklist The — . .. - The following items need to be completed 2niKo attached in order for the application to be processed- Application/Investigation fee paid in full (check or money order): ,dyes © no Application completed in full and signed: Wyes © no I hereby certify I have completely filled out the entire above application and that the application is true, correct, and accurate. I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. App[ a+u's 5ignatlrre Date 171171 Use pn1}r Police © approved ❑ denied Notes: City Council ❑ approved ❑ denied Notes: I I rLEeanW4jAppl wand wT n7dler, $vl E" W r- irm -MIL doc AIM a�S trf 4� /04 ZelbT / �� �I r h 4� � I �✓aq�CMS tj HUTCHINSON CITY COUNCIL city -f 0, "J N Request for Board Action 79 M-W Agenda Item: Items for Bicycle Friendly Route ImprovementsProject (L10/P14 -10) Department: PW /Eng LICENSE SECTION Meeting Date: 5/27/2014 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: City staff requests that the City Council approve the appropriate Resolutions to set a Public Hearing for the above referenced letting at their June 10th meeting. BOARD ACTION REQUESTED: Approval of Resolutions Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 133,100.00 Total City Cost: $ 133,100.00 Funding Source: Bonding Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14285 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO. 10 /PROJECT NO. 14 -10 WHEREAS, it is proposed to improve: Multiple City street corridors by construction of sign installations, pavement markings, restoration and appurtenances; and WHEREAS, it is proposed to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement, called Letting No. 10 /Project No. 14 -10, be referred to the Engineer for study and that that person is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost - effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. Adopted by the Council this 27th day of May 2014. Mayor: Steven W. Cook City Administrator: Marc A. Sebora HUTCHINSON PUBLIC WORKS /ENGINEERING DEPARTMENT Hutchinson City Center /111 Hassan St SE/Hutchinson MN 55350 - 2522/320 - 234- 4209/FAX 320 - 234 -4240 ENGINEERING REPORT & FEASIBILITY STUDY TO: Mayor & City Council FROM: Kent Exner, DPW /City Engineer DATE: May 27, 2014 SUBJECT: Letting No. 10 /Project No. 14 -10 I have studied the following proposed improvements and find that the proposed project is feasible and recommend it be constructed: L10/P14 -10 Multiple City street corridors by construction of sign installations, pavement markings, restoration and appurtenances ESTIMATED COST TOTAL lConstruction Cost $110,000 lEngineering $16,500 lAdministration $6,600 lEngineering Services - Geotechnical $0 1 ESTIMATED TOTAL $133,100 ESTIMATED FUNDING TOTAL lAssessable Costs $0 State Aid $0 lCity - Bonding $133,100 City -Water Funds $0 lCity -Wastewater Funds $0 City - Stormwater Funds $0 1 ESTIMATED TOTAL $133,100 PUBLICATION NO. 8056 NOTICE OF HEARING ON IMPROVEMENT LETTING NO. 10 /PROJECT NO. 14 -10 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at 6:00 pm on the 10th day of June, 2014, to consider the making of an improvement of Letting No. 10 /Project No. 14 -10, an improvement of: Multiple City street corridors by construction of sign installations, pavement markings, restoration and appurtenances; pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the benefited property, for which property owners shall receive mailed notice. The estimated City cost of said improvement is $133,100.00 with an estimated Assessable cost of $0.00, for the total estimated cost of $133,100.00. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: 05/27/2014 Marc A. Sebora, City Administrator PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHINSON LEADER ON WEDNESDAY, MAY 28TH, 2014 AND ON WEDNESDAY, JUNE 4TH, 2014. RESOLUTION NO. 14286 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT LETTING NO. 10 /PROJECT NO. 14 -10 WHEREAS, pursuant to a resolution of the Council adopted May 13th, 2014, a report has been prepared by Kent Exner, Public Works Director /City Engineer with reference to the following proposed improvements: Multiple City street corridors by construction of sign installations, pavement markings, restoration and appurtenances; and said report was received by the Council on May 27th, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvement of such street(s)s in accordance with the report and the assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $133,100.00. 2. A public hearing shall be held on such proposed improvements on the 10th day of June, 2014, in the Council Chambers of the Hutchinson City Center at 6:00 P.M., and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Hutchinson City Council this 27th day of May 2014. Mayor: Steven W. Cook City Administrator: Marc A. Sebora HUTCHINSON CITY COUNCIL city -f 0' "J N Request for Board Action 79 M-W Agenda Item: Approval of Project Change Orders & Supplemental Agreements Department: PW /Eng LICENSE SECTION Meeting Date: 5/27/2014 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: As construction has proceeded on the below listed projects there has been additional work, project scope revisions, and /or construction completion date changes. The items specified below have been identified and deemed necessary to satisfactorily complete the projects per the intent of the original construction contract. The following Change Orders and /or Supplemental Agreements are proposed as noted: o Change Order No. 1 & Supplemental Agreement No. 1 & 2 - Letting No. 1 /Project No. 14 -01 This Change Order and Supplemental Agreements address the changes to necessary tree removals, revisions to project completion dates and material testing requirements. These changes result in a $1,726.81 decrease to the current contract amount. o Change Order No. 1 - Letting No. 4 /Project No. 14 -04 This Change Order address changes to the project scope per the attached information. This change result in no increase to the current contract amount. BOARD ACTION REQUESTED: Approval of Change Orders and Supplemental Agreements Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: Supplemental Agreement Page 1 of 1 Tuesday, May 20, 2014 STATE AID FOR LOCAL TRANSPORTATION SUPPLEMENTAL AGREEMENT City /County of Citv of Hutchinson Supplemental Agreement No. 2 FEDERAL PROJECT NO. STATE PROJECT NO. LOCAL PROJECT NO. CONTRACT NO. SAP 133 - 103 -002 L1 P14 -01 L1 P14 -01 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK R & R Excavating Jefferson St SE from Oakland Ave SE to Century Ave SE 1149 Hwy 22 South TOTAL SUPPLEMENTAL AGREEMENT AMOUNT Hutchinson, MN 55350 $0.00 This Contract is between the Local Government Entity and Contractor as follows: WHEREAS: This Contract provides for, among other things, improvement of Jefferson Street SE from Oakland Ave SE to Century Ave SE; roadway reconstruction by construction of curb and gutter, drain tile installation, bituminous /concrete surfacing, storm water /drainage, water distribution, sanitary sewer, street lighting, trail, sidewalk, landscaping, restoration and appurtenances; and WHEREAS: Document 0820, Section 2600.3 Trench Excavation and Backfill /Surface Restoration provided that Trench Backfill Type "B" is required 95% of specified density from the pipe engagement zone to 3' below finished surface; and WHEREAS: Due to the fact the 2005 MnDOT Specifications apply to this project, Section 0809 MnDOT -SALT Schedule of Materials Control - Local Government Agency - 2014 should be changed to the 2013 version; and WHEREAS: The Engineer has recommended that the specified density for trench excavation be tested by Nuclear Testing Method; and WHEREAS: The Engineer has also recommended that Section 0809 MnDOT SALT Schedule of Materials Control - Local Government Agency - 2014 be changed to the 2013 version. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT: 1. The testing of specified density for Utility Trench Backfill shall be accompanied by Nuclear Testing. 2. Section 0809 MnDOT SALT Schedule of Materials Control - Local Government Agency - 2014 is hereby changed to the 2013 version. 3. There will be no change in contract unit prices as a result of this agreement. 4. The contract time will not be affected as a result of this agreement except as may be provided by MnDOT Specification 1806. 5. The Contractor will not make claim of any kind or character whatsoever for any other costs or expenses which he may have incurred or which he may hereafter incur in performing the work and furnishing the materials required by this Agreement. COST BREAKDOWN There are no items associated with this Supplemental Agreement. * Funding category is required for federal projects. Approved By Project Engineer: Kent Exner Approved by Hutchinson City Council: 05/27/2014 Signed Date: 05/27/2014 Phone: (320) 234 -4212 Original to Project Engineer; Copy to Contractor Approved By Contractor: R & R Excavating Signed Date: Once contract has been fully executed, forward a copy to DSAE for funding review: Phone: (320) 587 -5918 The State of Minnesota is not a participant in this contract; signing by the District State Aid Engineer is for FUNDING PURPOSES ONLY. Reviewed for compliance with State and Federal Aid Rules /Policy. Eligibility does not guarantee funds will be available. This project is eligible for: Federal Funding District State Aid Engineer: State Aid Funding Local funds Date: http //hu- webs /RtAEC/Reports /rpt_Supplemental asp ?changeorderid =51 5/20/2014 Supplemental Agreement Page 1 of 2 STATE AID FOR LOCAL TRANSPORTATION SUPPLEMENTAL AGREEMENT City /County of Citv of Hutchinson Supplemental Agreement No. 1 Tuesday, May 20, 2014 FEDERAL PROJECT NO. I STATE PROJECT NO. LOCAL PROJECT NO. I CONTRACT NO. SAP 133- 103 -002 L1 P14 -01 L1 P14 -01 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK R & R Excavating Jefferson St SE from Oakland Ave SE to Century Ave SE 1149 Hwy 22 South TOTAL SUPPLEMENTAL AGREEMENT AMOUNT Hutchinson, MN 55350 $0.00 This Contract is between the Local Government Entity and Contractor as follows: WHEREAS: This Contract provides for, among other things, improvement of Jefferson Street SE from Oakland Ave SE to Century Avenue SE roadway reconstruction by construction of curb and gutter, drain tile installation, bituminous /concrete surfacing, storm water /drainage, water distribution, sanitary sewer, street lighting, trail, sidewalk, landscaping, restoration and appurtenances; and WHEREAS: Special Provision SP -4.1 provides for the following completion dates on Phases 2, 3 and 4 of the project: Phase 2 — Roadway /Utility Work from Sta. 48 +10 to 53 +60 (including utilities, grading, curbing, suitable Class 5 aggregate placement, trail surfacing, driveway surfacing, topsoil placement, permanent restoration and appurtenances) — Completed on or before July 11, 2014 Phase 3 — Roadway /Utility Work from Sta. 38 +35 to 48 +10 (including utilities, grading, curbing, suitable Class 5 aggregate placement, trail surfacing, driveway surfacing, topsoil placement, permanent restoration, and appurtenances) — Completed on or before August 29, 2014 Phase 4 — Roadway /Utility Work from Sta. approx. 27 +00 to 38 +35 (including utilities, grading, curbing, suitable Class 5 aggregate placement, trail surfacing, driveway surfacing, topsoil placement, permanent restoration, and appurtenances) — Completed on or before October 17, 2014 WHEREAS: To better address access issues, the Engineer has determined it is necessary to modify the Phase 2, 3, and 4 lengths and Interim Completion Dates as follows: Phase 2 — Roadway /Utility Work from Sta. 43 +60 to 53 +60 (including utilities, grading, curbing, suitable Class 5 aggregate placement, trail surfacing, driveway surfacing, topsoil placement, permanent restoration and appurtenances) — Completed on or before July 25, 2014. Phase 3 — Roadway /Utility Work from Sta. 34 +60 to 43 +60 (including utilities, grading, curbing, suitable Class 5 aggregate placement, trail surfacing, driveway surfacing, topsoil placement, permanent restoration, and appurtenances) — Completed on or before September 12, 2014. Phase 4 — Roadway /Utility Work from Sta. approx. 27 +00 to 34 +60 (including utilities, grading, curbing, suitable Class 5 aggregate placement, trail surfacing, driveway surfacing, topsoil placement, permanent restoration, and appurtenances) — Completed on or before October 31, 2014. WHEREAS: The additional work results in no increase to the current contract amount and does not affect the Substantial Completion Date of October 31, 2014 or the Final Completion Date of June 15, 2015. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT: 1. Special Provision SP 4.1 is hereby changed to read: Phase 2 — Roadway /Utility Work from Sta. 43 +60 to 53 +60 (including utilities, grading, curbing, suitable Class 5 aggregate placement, trail surfacing, driveway surfacing, topsoil placement, permanent restoration and appurtenances) — Completed on or before July 25, 2014. Phase 3 — Roadway /Utility Work from Sta. 34 +60 to 43 +60 (including utilities, grading, curbing, suitable Class 5 aggregate placement, trail surfacing, driveway surfacing, topsoil placement, permanent restoration, and appurtenances) — Completed on or http //hu- webs /RtAEC/Reports /rpt_Supplemental asp ?changeorderid =50 5/20/2014 Supplemental Agreement Page 2 of 2 Tuesday, May 20, 2014 before September 12, 2014. Phase 4 — Roadway /Utility Work from Sta. approx. 27 +00 to 34 +60 (including utilities, grading, curbing, suitable Class 5 aggregate placement, trail surfacing, driveway surfacing, topsoil placement, permanent restoration, and appurtenances) — Completed on or before October 31, 2014. 2. All other completion dates as specified in SP -4.1 shall remain in effect. 3. The Contractor will not make claim of any kind or character whatsoever for any other costs or expenses which he may have incurred or which he may hereafter incur in performing the work and furnishing the materials required by this Agreement. COST BREAKDOWN There are no items associated with this Supplemental Agreement. * Funding category is required for federal projects. Approved By Project Engineer: Kent Exner Approved By Contractor: R & R Excavating Approved by Hutchinson City Council: 05/27/2014 Signed Signed Date: 05/27/2014 Phone: (320) 234 -4212 Date: Phone: (320) 587 -5918 Original to Project Engineer; Copy to Contractor Once contract has been fully executed, forward a copy to DSAE for funding review The State of Minnesota is not a participant in this contract; signing by the District State Aid Engineer is for FUNDING PURPOSES ONLY. Reviewed for compliance with State and Federal Aid Rules /Policy. Eligibility does not guarantee funds will be available. This project is eligible for: Federal Funding State Aid Funding Local funds District State Aid Engineer: Date: http //hu- webs /RtAEC/Reports /rpt_Supplemental asp ?changeorderid =50 5/20/2014 Change Order Page 1 of 1 STATE AID FOR LOCAL TRANSPORTATION CHANGE ORDER City /County of Citv of Hutchinson Change Order No. 1 Tuesday, May 20, 2014 FEDERAL PROJECT NO. I STATE PROJECT NO. LOCAL PROJECT NO. I CONTRACT NO. SAP 133- 103 -002 L1 P14 -01 L1 P14 -01 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK R & R Excavating Jefferson St SE from Oakland Ave SE to Century Ave SE 1149 Hwy 22 South TOTAL CHANGE ORDER AMOUNT Hutchinson, MN 55350 ($1,726.81) In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions. This Change Order is due to a decrease in the quantity of the clearing and grubbing items greater than 25 %, resulting in the contractor renegotiated the Unit Price for clearing and grubbing items. This overall decrease of work does not affect the Substantial Completion Date or Final Completion Date. Item No. I Item Funding Category No. 001 2101.502 CLEARING 2101.507 GRUBBING 2101.502 CLEARING 2101.507 GRUBBING COST BREAKDOWN I Unit I Unit Price I Quantity (Amount EA $235.00 23 EA $100.00 23 EA ($187.03) 35 EA ($80.16) 36 Funding Category No. 001 Total Change Order No. 1 Total * Funding category is required for federal projects. CHANGE IN CONTRACT TIME (check one) Due to this change the Contract Time: a. [ ] Is Increased by Working Days [ ] Is Decreased by Working Days [ ] Is Increased by Calendar Days [ ] Is Decreased by Calendar Days b. [ X ] Is Not Changed $5,405.00 $2,300.00 ($6,546.05) ($2,885.76) ($1,726.81) ($1,726.81) c. [ ] May be revised if work affected the controlling operation Approved By Project Engineer: Kent Exner Approved by Hutchinson City Council: 05/27/2014 Signed Date: 05/27/2014 Phone: (320) 234 -4212 Original to Project Engineer; Copy to Contractor Approved By Contractor: R & R Excavating Signed Date: Once contract has been fully executed, forward a copy to DSAE for funding review: Phone: (320) 587 -5918 The State of Minnesota is not a participant in this contract; signing by the District State Aid Engineer is for FUNDING PURPOSES ONLY. Reviewed for compliance with State and Federal Aid Rules /Policy. Eligibility does not guarantee funds will be available. This project is eligible for: Federal Funding State Aid Funding Local funds District State Aid Engineer: Date: http //hu- webs /RtAEC/Reports /rpt_ChangeOrder asp ?changeorderid =48 5/20/2014 1 SEAL COATING 2 ADJUST MIX DESIGN FOR TEXAS AVE NW (CALIFORNIA -TEXAS CIR) TOTAL INCREASE ITEMS DECREASE ITEMS: SEAL COATING SY 16963.3 $1.81 $30,703.57 EA 1.0 $2,684.71 $2,684.71 TOTAL DECREASE ITEMS 533.388.28 NETCHANGE ------- ------------------------------- ------------------------------------------------------------------------------ ------------------------------- HUTCHINSON CITY CENTER rrrynf ENGINEERING DEPARTMENT 7ALOP 4,7 111 HASSAN STREET SE, HUTCINSON MN 55350 ORIGINAL CONTRACT AMOUNT PHONE: 320-234-4209 FAX: 320-234-4240 THIS ADDITION /DEDUCTION LETTING NO. 4 - PROJECT NO. 14 -04 Dated: 05/15/2013 CHANGE ORDER NO. 1 Page 1 of 1 Project 2014 SEAL COAT PROJECT Location: CONTRACTOR: Allied Blacktop Company, 10503 89th Ave N, Maple Grove, MN 55369 Contract $241,984.36 Total SY: Final: 157,132.7 (original); 153,880.6 (revised) Amount: This Change Order addresses recommendations contained in the City's pavement consultant report. In the report it was identified that it would be in the City's best interest to eliminate 5th Ave SE and address mix design for the section of Texas Ave NW between Description California St NW & Texas Cir NW due to pavement conditions. Replacement streets were added to adjust for the removal of 5th of Change: Ave SE, but at a higher rate to account for additional mobilization costs. The work addressed results in no increase to the contract in the amount of $241,984.36. Item No. Spec. Ref. Item Name Unit Quantity Unit Price Amount INCREASE ITEMS 1 SEAL COATING 2 ADJUST MIX DESIGN FOR TEXAS AVE NW (CALIFORNIA -TEXAS CIR) TOTAL INCREASE ITEMS DECREASE ITEMS: SEAL COATING SY 16963.3 $1.81 $30,703.57 EA 1.0 $2,684.71 $2,684.71 TOTAL DECREASE ITEMS 533.388.28 NETCHANGE ------- ------------------------------- ------------------------------------------------------------------------------ ------------------------------- $0.00 In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $0.00 (add) /(deduct). An extension of -- 0 -- days shall be allowed for completion. ORIGINAL CONTRACT AMOUNT PREVIOUS ADDITIONSFDEDUCTIONS THIS ADDITION /DEDUCTION TOTAL $241,984.36 1 $0.00 1 $0.00 1 $241,984.36 Approved: Contractor -Allied Blacktop Company Dated Approved: City of Hutchinson - City Engineer: Kent Exner Dated: 05/27/2014 Approved: City of Hutchinson - Mayor: Steven W Cook Dated: 05/27/2014 Approved: City of Hutchinson - City Administrator: Jeremy J Carter Dated: 05/27/2014 May 7, 2014 Mr. John Olson City of Hutchinson 1400 Adams Street Southeast Hutchinson, MN 55350 Re: Pavement Evaluation 2014 Sealcoat Program Hutchinson, Minnesota Dear Mr. Olson: Braun Intertec Corporation 11oo1 Hampshire Avenue S Minneapolis, MN 55438 Project B14 -01975 Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com We are pleased to present this letter summarizing our April 30, 2014 site visit to visually evaluate the streets in the City of Hutchinson 2014 sealcoat program. Our visit consisted of riding with you through the streets in the sealcoat program and taking visual note of pavement surface conditions. The purpose of our visit was to provide an opinion on the viability of the proposed sealcoat as a maintenance strategy for the streets. Background You provided us with relevant information on the streets prior to our site visit, including a map of the proposed projects, pavement condition index (PCI) data and pavement maintenance history. We understand the sealcoat program is beginning its second iteration, with the intent to perform sealcoats of new pavements every 6 to 8 years, up to two times prior to resurfacing. The streets intended for sealcoat in 2014 are a mix of previously sealcoated pavements and others that have been resurfaced more recently (by overlay or reconstruction). The majority had crack seal /fill, patching and other maintenance performed in the fall of 2013 to prepare for the upcoming sealcoat. We understand the City intends to perform similar work on any remaining streets in spring of 2014 prior to having the sealcoat placed in the summer of 2014. Site Visit and Discussion Our site visit included a driving -speed visual review of pavement surface conditions for the pavements in the 2014 sealcoat program. We visited nearly all the streets in the 2014 program, including particular areas of concern that you identified. Streets in Good to Excellent Condition The majority of the streets in the 2014 program have projected (present) PCI values of "good" or above (PCI greater than 70), which is typically considered the minimum standard for applying sealcoat effectively. The streets with PCI values in this range appeared to generally be free of indications of moisture - related damage, alligator cracking and high- severity linear cracking, all of which will negatively AA /EOE Providing engineering and environmental solutions since 1957 City of Hutchinson Project B14 -01975 May 7, 2014 Page 2 affect sealcoat longevity and performance. With some exceptions (noted below), the surfaces were fine, tightly compacted and relatively free of raveling. This will help the sealcoat bond to the existing pavement surface and reduce the incidence of raveling and debonding failure during the design life of the sealcoat. There are two exceptional areas: a portion of Texas Avenue NW and 5th Avenue NE. The segment of Texas Avenue from west of Texas Circle NW and to approximately Texas Court NW appears to have at least moderate severity raveling. The surface of 5th Avenue SE (Photo 1), while relatively free of cracking, consists of coarse and rounded particles with some pitting and raveling that may be problematic to the service life of a sealcoat. We understand the City may perform a future overlay in the rural portion of this street in lieu of a sealcoat. Photo 1. Surface View of Sth Avenue SE (Typical) Streets in Marginal to Adequate Condition Prior to our site visit, we selected several streets for review based on their low PCI values, large drops in the PCI value between surveys, and /or the presence of specific distresses (alligator cracking and raveling) in the survey history. These streets were located throughout the City but with a majority in the City's northwest area. These streets have projected PCI ratings of "marginal" or "adequate." In most cases, the condition of these streets had been improved since the last PCI survey with the aforementioned crack fill, patching and other pre - sealcoat preparations. The recent maintenance resulted in the total removal or mitigation of distresses that may affect sealcoat performance and service I ife. City of Hutchinson Project B14 -01975 May 7, 2014 Page 3 Conclusions and Recommendations Based on our visual evaluation of pavement surface conditions and our review of the information provided by the City, it appears the streets reviewed, with two exceptions, are appropriate for normal sealcoat application in 2014. This assumes various pre - sealcoat repairs discussed with you are completed as intended and that the sealcoats are properly designed, constructed and maintained. For the two exception cases described above, we recommend the following: ■ Texas Avenue Northwest: For the area of more severe raveling, we recommend designing the sealcoat for increased emulsion application. ■ 5th Avenue Southeast: Based on the large exposed aggregates, apparent raveling and design speed of portions of this street, it is our opinion that a sealcoat may perform poorly and could fail short of the intended design life. We concur with the City's opinion that mill and overlay is an appropriate alternative. Based on the current PCI, it will likely be several years before mill and overlay becomes necessary to improve the surface. In the meantime, we recommend continued maintenance including crack seal and full -depth repair of alligator- cracked areas as needed. Note that we did not complete destructive examination or sampling, such as bituminous coring, as part of this evaluation. Bituminous coring in particular can be helpful to identify bituminous materials that have become "stripped" from the bottom up. Stripping is an indication that the bituminous materials have become moisture susceptible; this condition can be worsened by sealing the surface, which results in premature sealcoat failure. City of Hutchinson Project B14 -01975 May 7, 2014 Page 4 Remarks In performing its services, Braun Intertec used that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession currently practicing in the same locality. No warranty, express or implied, is made. Thank you for making Braun Intertec your pavement consultant on this project. If you have any questions about this letter, please call Neil Lund at 952.995.2284. Sincerely, BRAUN INTERTEC CORPORATION Professional Certification: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the law the State of Minnesota. �w 4a 9 Neil G. Lund, PE Project Engineer License Number: 46212 May 7, 2014 � p - ."���p� Steve A. Thayer, PE Associate Principal /Senior Engineer k ell, • 1 11 llll 1 HUTCHINSON CITY COUNCIL city -f 0, "J N Request for Board Action 79 M-W Agenda Item: Approval of Emergency Repairs to Water Treatment Plant Well #7 Department: PW /Eng LICENSE SECTION Meeting Date: 5/27/2014 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: Following significant inspection and analysis by City staff and a technical expert (see attached memorandum), it has been determined that the timely repair to Well #7 at the Water Treatment Plant would be in the City's best interest. Thus, City staff has developed a Purchase Orders with LTP Enterprises (total cost of $79,900) to address this issue. BOARD ACTION REQUESTED: Approval of Attached Purchase Order Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 79,900.00 Total City Cost: $ 79,900.00 Funding Source: Water Fund Remaining Cost: $ 0.00 Funding Source: PURCHASE ORDER No 18891 City Date: 05/21/2014 Department Water Plant 111 Hassan Street SE Hutchinson, Minnesota 55350 -2522 Account 601 - 4944 -401 (320) 587 -5151 VENDOR: LTP Enterprises Inc. 20882 Hwy 7 Hutchinson, MN 55350 QUANTITY DESCRIPTION Well # 7 Emergency Repair 1 Baker Monitor Epoxy Pitless 1 Goulds Pump wISS Motor 180 Feet of 10" Epoxy Coated Pipe 1 10" Epoxy Coated Flowmatic Check Valve 1 Labor SHIP TO: Hutchinson WTP Attn: Brian Mehr 439 Prospect Street NE Hutchinson, MN 55350 CITY OF HUTCHINSON Tax Shipping Total Due $ 79,900.00 Approved by Please Reference To Purchase Order Number When Invoicing, ----------------------------------------------------- ------------- - - --.. AMOUNT $ 27,500.00 $ 25,000.00 $ 15,400.00 $ 3,000.00 $ 9,000.04 Subtotal $ 79,900.04 Tax Shipping Total Due $ 79,900.00 Approved by Please Reference To Purchase Order Number When Invoicing, ----------------------------------------------------- ------------- - - --.. ■■ P ■ Dartrer:t: Water Siiliftl b Brian Mehr PURCHASE ORDER Cain# Check the Appropriate Box. Is Item Budgeted If not budgeted, where will the money come from? 601 -4944 -401 2 YES Purchase Order Number 11151$19111 ❑ Na is I ... . . Dire ��-� D refit Aitftiiisfre #ir INFORMATI TI �I 5/21/2014 - i3YiiCe'Tia: ;; City Center :iritddres; € € € € € € € Imo- � ... . € € €` -= Hutchinson WTF ttri 7 9 9 Hassan St SE := Attn: Brian Mehr Hutchin Hutchinson MN 55350 - - 439 Prospect St. NE p Hutchinson, MN 55350 vendbr ; LTR Enterprises s i nc CarttaefNarr�a���; e5s! 20862 Hwy 7 Reference- o,,, Hutchinson, a MN 55 350 1 e... .. .. .. .. ........... 'a Fa : N :::'' t : l= SUS �,e. -.� Check if only source available and state reason ❑ Check Box 2 QUANTITY UNITS DESCRIPTION Well # 7 Ememenev Repair 1 Baker Monitor Epoxv Pi #less 1 Goulds Pump WSS Motor 180 ft 10" Epoxv Coated Pipe 1 10" Epoxv Coated Flowmatic Check Valve 1 Labor T. $ TAB {�87� °fv]• ��tpPlAIG TpTAL DUE 3,004.00 9,000.00 79,900.40 List additional quotes and comments on the reverse side of this form. (You may attach quote sheets if available). ...-- - - - -- a R e[i' Mr. Brian Mehr 20- May -14 City of Hutchinson 111 Hassan St. SE. Hutchinson, MN 55350 -2522 Well #7 Repair Cost Breakdown Well #7 Unique #511076 LTP Enterprises, Inc. 1 Baker Monitor 8PS1820WBWE010F10SX Epoxy Pitless $ 27,500.00 Alternate: According to all distributors, no one else makes an epoxy coated municipal pitless unit this size 1 Goulds 11 CSLC -1 SS Pump w /SS Motor (SS version of existing pump) $ 25,000.00 Alternate: Grundfos SS Pump (approximately 300 gpm less yield) $22,600.00 180 Feet 10" Epoxy Coated Pipe 10" Epoxy Coated Flowmatic Check Valve Labor to pull spool & diagnose problem, remove pump, remove old pitless unit, install new pitless unit. Install new pump, motor, check, pipe etc. & perform hydrostatic tests. Total #7 $ 15,400.00 $ 3,000.00 $ 9,000.00 $ 79,900.00 Sincerely, L.T.P. Enterprises, Inc. Al Pulkrabek General Manager Technical Memorandum No. 2 Well No. 7 Repair City of Hutchinson Date: May 16, 2014 To: Brian Mehr Copy: Kent Exner From: Eric Meester Re: Well No. 7 Repair Background Lo, NERD � ENGINEERING As you know, LTP Enterprises mobilized to the WTP site on May 13 to begin the repair work on Well No. 7. The plan to address the extent of the issues with Well No. 7 were developed in collaboration with Dick Nagy and LTP. LTP's proposal outlined the following steps to identify the cause for Well No. 7 to lose its vacuum: 1. Perform pneumatic test on pump and well column piping. 2. Perform hydraulic test on discharge pipe to the WTP (if necessary) 3. Replace the submersible check valve. 4. Replace the well column piping (if necessary). After the LTP pulled Well No. 7 pump and column piping, it quickly became evident the issue was not with check valve and /or well column piping as originally thought. Rather, the cause was a sizable hole in the pitless adapter spool piece, as shown in the photograph below. I expect the buried portion of the pitless unit to have similar corrosion issues. Additionally, the overall condition of the pitless adapter spool piece was in very poor shape with significant deterioration throughout. u Well No. 7 Repair Citv of Hutchinson Technical Memorandum No. 2 LTP continued to remove the drop pipe which also showed signs of deterioration, although not as significant as seen with the pitless adapter. After the removal of the pump, it was also inspected. This too showed significant wear, with the bearing housing so worn, the bearings were approaching falling out, as shown in the photo below. The overall condition of the pump was very poor. Well No. 4 was also pulled up to perform repair work on the level transducer in the well. While doing so, the pitless adapter for Well No. 4 was inspected to compare to the wear seen at Well No. 7. The two photos below are a side -by -side comparison of the two wells, which show a substantial variation in the condition between the two. There was some concern that all of the wells would show similar wear as opposed to an isolated issue at Well No. 7. ��.• s s.r h Well No. 4 2 Well No. 7 Nero Engineering May 15, 2014 Well No. 7 Repair Citv of Hutchinson Possible Causes Technical Memorandum No. 2 Determining the exact cause of the failure at Well No. 7 is very difficult to assess and may be the result of multiple issues. Here are a few issues that were noted: 1. The grounding block was severely corroded, as shown in the picture below. In fact, the grounding connection was so corroded, one of the wires was dislodged from a simple wiggle of the wire. 2. After inspecting Well No. 4, which showed none of the condition concerns as Well No. 7, the grounding was connections were noted to be different. Instead of using a grounding block connected to the well casing, Well No. 4 was ground wired through the motor, as shown in the photo below. 3 Nero Engineering May 15, 2014 Well No. 7 Repair City of Hutchinson Technical Memorandum No. 2 Other possible issues could be the aggressive nature of the well water, material quality issues and accelerated corrosion from electrolysis caused by stray voltage. Recommendations Obviously, the scope of this project has changed dramatically. As noted by Al Pulkrabek from LTP, in his 35 years of well experience, he's never seen a hole wore through a pitless adapter or a bearing virtually falling off a pump. Needless to say, the full extent of the work that now lies ahead was not foreseen and not planned for. Below is an estimate of the work to be completed to place Well No. 7 back into service. Some of the work is part of the original scope and is noted accordingly. MODIFIED WELL NO. 7 REPAIR PLAN Task Description Excavate and remove existing pitless adapter Replace pitless adapter with epoxy coated pitless unit Replace with well column piping, including disinfection Replace the well pump with a Goulds stainless steel submersible pump Replace the check valve Re -wire pump, including preconstruction effort to salvage existing electrical system Site restoration, including repair to overflow pipes, rip -rap and site grading Total Additional comments: Cost $6,000 $32,000 $15,400 $25,000 $7,500 $2,000 $4,000 $91,900 1. The epoxy coated pitless unit is approximately $1,000 more than the standard ductile iron unit. With the corrosive nature of the water and site, I recommend using an epoxy coated pitless adapter unit. 2. The Grundfos stainless steel submersible pump is cost comparable to replacing the pump in -kind with the Goulds submersible. I recommend using the stainless steel pump for this application. 3. 1 would also suggest after Well No. 7 is placed back into service to retain the services of E2 Electric to perform data logging for an extended period (2 -4 weeks) to determine excessive presence of stray voltage. It is likely that the excessive wear on Well No. 7 is due to accelerated corrosion likely due to electrolysis from stray voltage. An extended soil monitoring test will help determine if that potential continues to exist. 4. To help identify if this problem could exists at the other well locations, I would suggest your staff open the well caps to inspect the grounding connections. If other wells also utilize a grounding block, its condition may help explain if Well No. 7 is an isolated issue or if there will be concerns with the other wells too. Nero Engineering May 15, 2014 Well No. 7 Repair City of Hutchinson Schedule Technical Memorandum No. 2 As we spoke about at the site earlier today, LTP has already placed an order fort he epoxy coated pitless adapter unit, which has the longest lead time with standard delivery 8 -10 weeks. LTP is exploring options for an expedited delivery. Best case scenario is LTP is back on site in late June and worst case scenario is they are completing the work in late August. With Well No. 7 out of service, currently the WTP has no redundancy to meet anticipated higher flows during the summer months so getting Well No. 7 back into service should be a priority. Nero Engineering May 15, 2014 HUTCHINSON CITY COUNCIL city -f 0' "J N Request for Board Action 79 M-W Agenda Item: Consideration of Allowing Temporary Placement of Tables at 201 Main Street Department: Administration LICENSE SECTION Meeting Date: 5/27/2014 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: MidCountry Bank, located at 201 Main Street South, is holding a customer appreciation event on May 30, 2014, from 11:00 a.m. - 2:00 p.m. As part of this event, MidCountry Bank is providing a lunch to their customers and would like to allow outside seating, weather permitting. MidCountry Bank has requested to place a few table and chairs outside their building on Main Street from 10:00 a.m. - 3:00 p.m., which includes setup and takedown. Since this request is for a very short time frame, staff is recommending that the formal franchise process not be followed. Rather, in accordance with Section 90.07 of the Hutchinson City Code, the City Council has the authority to grant special permission whereby on- street parking or the use of city owned parking lots or ramps or public sidewalks may be temporarily or permanently prohibited or restricted for private reasons and purposes. Therefore, staff is recommending that MidCountry Bank be allowed to place a tables and chairs in front of its place of business during the hours and the date it has requested. Staff does not feel that a monetary consideration is necessary. Staff has reviewed the request and has no concerns. Staff does not feel any specific conditions should be placed on the request other than the tables and chairs are taken down timely within the hours of the event and that a four foot walkway is maintained at all times. BOARD ACTION REQUESTED: Approve temporary placement of tables and chairs at 201 Main Street from 10:00 a.m. - 3:00 p.m. on May 30, 2014, for MidCountry Bank customer appreciation event. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: INSURANCE l"N N x til May 20, 2014 Hutchinson City Council Dear Councilmen: MidCountry Bank is having an Open House Customer Appreciation on Friday, May 301h from 11 am — 2pm at our Downtown location. We are serving lunch during this time and would like to request permission to setup 2 or 3 tables with chairs on the sidewalk on the Main Street side of our building. Weather permitting. This would only be during the time from about 10am to 3pm to including setting up and taking down the tables. Please let us know if you have any questions regarding this. Sincerely, P � L"e; Linda Piepenburg Insurance Operations Manager MidCountry Bank 201 Main Street S, PQ Box 68 305 Tenth Avenue South 501 North Sibley Avenue 14617 Highway 7 Hutchinson, Minnesota 55350 Buffalo, Minnesota 55313 Litchfield, Minnesota 55355 Minnetonka, Minnesota 55345 320. 587 -2299 or 800 -535 -1669 763 - 684.2003 or 800 -535 -1669 320. 693 -4263 or 800 -535 -1669 952 - 351 -5430 or 800 -535 -1669 320. 587 -0808 Fax 763 - 682.3025 Fax 320.693 -2948 Fax 952 - 931 -2206 Fax HUTCHINSON CITY COUNCIL Request for Board Action Agenda Item: Hutchinson Jaycee Water Carnival Bean Bag Tournament Department: Police Contact: Presenter: Daniel T. Hatten Daniel T. Hatten Time Requested (Minutes): LICENSE SECTION Application Complete Reviewed by Staff 5 License Contingency BACKGROUND /EXPLANATION OF AGENDA ITEM: Meeting Date: 5/27/2014 N/A Agenda Item Type: ✓❑ Consent Agenda No Attachments: Yes I am in receipt of 2 letters from Mark Landerville, owner of Lamplighter Bar, and Adam Fink, Water Carnival Chair, in reference to a request to host the 2014 Water Carnival Bean bag Tournament. The 72nd Annual Hutchinson Jaycee Water Carnival will be held from June 9th — 15th this year. They are requesting approval to allow a Bean Bag Tournament in the front parking lot area of the Lamplighter on Saturday June 15th from 10:00am to 4:00pm. This event would replace the previously scheduled Kickball tournament. The Lamplighter and their landlord have agreed and will sponsor the event. The plan is to fence off the area using snow fence and connect it to the front of the building. The Lamplighter will allow food and drink out of it's establishment but will not have a bar outside. Depending on the turnout they may have a server check on and take orders from the patrons outside and bring them food or drink. In order to have enough space for the event and keep it fenced a portion of the lane of traffic in the parking lot immediately outside of the Lamplighter will be blocked off. The Jaycees and Water Carnival members will assist setting up any cones or barricades that are deemed necessary per the Police Departments recommendations. They will also need to use the 2 handicap parking spots outside of the lamplighter but plan to make new temporary handicap spots if recommend. Participants will not be allowed to bring their own coolers into the event . The goal in having it at the Lamplighter is to support another local business while having another great event for the community during Water Carnival. My staff and I have reviewed the request with the Jaycees, Lamplighter owners, and are confident that we can meet the needs of the Water Carnival Committee. BOARD ACTION REQUESTED: I recommend approval. Fiscal Impact: $ 0.00 FTE Impact: 0.00 Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Remaining Cost: $ 0.00 Funding Source: Lamplighter II Budget Change: No Funding Source: Funding Source: ehinson Jaycee Water Carnival. May 13, 2014 Chief Dan Hatten, Sergeant Joe Nagel, and Jeremy Carter, City of Hutchinson Hutchinson, MN 55350 Gentlemen, The 72nd Annual Hutchinson Jaycee Water Carnival will be held from June 9th — 15th this year, and the entire committee is working hard to prepare for it. I am writing you to request the approval to allow us to have a Bean Bag Tournament in the front parking lot of the Lamplighter on Saturday June 15th from 10:00am to 4:00pm. This event will replace our previously scheduled Kickball tournament. The Lamplighter and their landlord are on board and will be the sponsor of the event. We plan to fence off the area using snow fence and connect it to the front of the building. The Lamplighter will serve food and drink out of it's establishment but will not have a bar outside. Depending on the turnout they may have a server check on and take orders from the patrons outside and bring them food or drink. In order to have enough space for the event and keep it fenced in we will need to block the lane of traffic in the parking lot immediately outside of the Lamplighter. We will have Jaycees and Water Carnival members there to help set up any cones or barricades that are deemed necessary per your recommendations. We will also need to use the 2 handicap parking spots outside of the lamplighter and we plan to make 2 new temporary handicap spots if you would recommend that. We decided to do this event due to the fact that Winstock is going on the same day and it will make it more difficult to get enough teams to make it a successful event. Beanbags should be easier to get teams as it only takes 2 people to form a team. It is also my opinion that it will be easier to police or manage than the bean bag tournament and we will not have to deal with the headaches of parking issues like the beanbag tournament. Participants will also not be allowed to bring their own cooler into the event like at the park where the kickball was held. Our goal in having it at the Lamplighter is to support another local business while having another great event for the community during Water Carnival. I appreciate you considering our request and I would be more than happy to answer any questions you may have regarding our plans for the event. Thank you, A&M 5;64 Kickball /Beanbags chair, 2014 Hutchinson Jaycee Water Carnival (320) 444 -5379 (mobile) Ajfink77 @yahoo.com Hutchinson City Council members, We respectfully request permission to have a bean bag tournament in front of our business on Saturday June 14'`. The following diagrams show where we would like to set up the bean bag tournament area. This event is in conjunction with the Hutchinson Jaycees and the Water Carnival committee. Thank you for your consideration. Sincerely, Mark Landreville Owner, Lamplighter R HUTCHINSON CITY COUNCIL city -f 0, "J N Request for Board Action 79 M-W Agenda Item: Food Vendor License Application - Popcorn Wagon Department: Administration LICENSE SECTION Meeting Date: 5/27/2014 Application Complete Yes Contact: Marc Sebora Agenda Item Type: Presenter: Reviewed by Staff ✓❑ consent Agenda Time Requested (Minutes): 0 License Contingency No Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: The Hutchinson Downtown Association has submitted a food vendor application. The Hutchinson Downtown Association owns and operates a popcorn wagon which is located at the corner of 1 st Avenue and Main Street. All required documentation has been submitted along with the application. BOARD ACTION REQUESTED: Approve issuing a 2014 food vendor license to Hutchinson Downtown Association to operate a food cart. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: cry of 11 Hassan Street Southeast Hutchinson, N N 55350 (320) 587 -515 1 IFax: (320) 234 -4240 City of Hutchinson FOOD VENDOR APPLICATION (Pursuant to City Code Section 123) Application Type (choose one) 0 Mobile Food Cart $125.00 ❑ Mobile Food Vehicle S €25.00 Proposed Date of Opening: _May 30th License Fee.- SI25.00 Date of Application May 20 Proposed Date of Closing:_ October 29 Applicant Information �~ _ Legal Corporate Name of Business Trade Name (DBA) Business Telephone Number Hutchinson Downtown Association Poucorn Waizon _ (320) 234 -5452 Name of Person Completing Application Title Telephone Number Brandon Sobotta _ _ HDA Intern E -mail Address Fax Number Cell Phone Number EDA- Intern(o-),ci.hutchinson.mn.us _ (320) 234 -4240 M N Sales Tax ID Number, Social Security #, or Individual Tax ID 4: 41 -141 1249 This is a new business ❑—yes If no, state other communities this business has operated: Licensed Kitchen Address City State Zip Code Intersection of Hwy 15 & I' Ave Se Hutchinson MN 5_5350 Name of Manager Home address Date of birth Type of ownership: ❑sale proprietor lj-c moration ❑LLC ❑partnership 11non -profit Date of incorporation: 1/811980 State of incorporation: MN List All Owners, Partners and Corporate M=Ws (Attach additional sheet if necessary) Full Name: First, Middle Last Date of Birth % ofOwnership Telephone Number Michael P. Cannon _ 9 -4 -1959_ NIA (320) 587 -2233 Home Address City State Zip Code 1212 Oakwood Lane N W Hutchinson MN 55_350 _ Full Name: First, Middle Last Date of Birth % of Ownership Telephone Number Hutchinson Downtown Association 100 320_- 234 -5652 Home Address City State Zip Code € 1 I Hassan St, SE Hutchinson MN 55350 Full Name: First, Middle Last Date of Birth % of Ownership Telephone Number Home Address City State Zip Code Full Name: First, Middle Last Date of Birth % of Ownership Telephone Number Home Address City State zip Code Have any of the above people been convicted of a crime? ❑Yes ONo If Yes, please provide (or attach) dates and conviction specifics. Business Information List proposed venditip sites: _ Intersection of ilwy 15 & 1" Ave Se Hutchinson MN Ifany of the proposed sites are within 100 feet of a restaurant ope while your busi in operation, the resta nt owner must sign below granting consent of the locati am of Restaurant Nam nd . _nat 'e w e A,-t T P r- 9G (VOL M VA Name of Restaurant Printed Name and Signature of own Attach additional consent forms if necessary, If any of the proposed sites are within 500 feet of any festival, fair or civic event, the event sponsor must sign below gr rating consent of the location: i-- Name of Event fte Lame and Signature f E t Sponsor Name of Event Attach additional consent forms if necessary. Printed Name and Signature of Event Sponsor IF A VENDING SITE IS SELECTED AFTER SUBMITTAL OF THIS APPLICA HON AND IS WITHIN EITHER OF THE BOUNDARIES NOTED ABOVE, THE APPLICANT IS RESPONSIBLE TO SUBMIT CONSENT FORMS TO THE CITY OF HUTCHINSON PRIOR TO OPERATING AT THE VENDING SITE Describe in detail the principal products being sold: Popcorn List all licenses obtained from the State of Minnesota and provide copies with this application: 2015 Retailer Food Handler License, MN Nonprofit Corporation Renewal Have you ever had a business license denied or revoked by another government entity? ❑Yes ONO If Yes, indicate date of denial/revocation, government agency and reason for denial or revocation. NIA Workers' Compensation Company I Policy Number Dates of Coverage NIA -----------Or------------ I certify that I am not required to carry workers' compensation insurance because. 01 am self insured. ❑1 am the sole proprietor and I have no employees. E1 have no employees who are covered by workers' compensation law. Only employees who are specifically exempted by state are not covered by the workers' compensation law. These include spouse, parents, and children regardless of age. All other workers whose work is controllable by the employer must be covered. REGARDLESS OF WORKERS' COMPENSATION COVERAGE, A CERTIFICATE OF INSURANCE NAMING THE CITY OF HUTCHINSON AS AN ADDITIONAL INSURED FOR LIABILITY MUST BE ATTACHED TO THIS APPLICATION r Reference Information (continued) _ List last (up to three (3)) previous city(ies) where you carried an sarne activity (immediately preceding today's date): NIA to Crty Sr arc Date(s) ofAcnvq NIA to city .Sian Date(s) of Activity NIA to city State Dale(s) ofActrvrty LReference Information (continued) Provide two names for character references: Naive Phone Number Address City state Zip Nance Phone A'umber Address City State Zip Checklist (all items must be checked "yes" in order for the application to be processed) The following items need to be completed and/or attached in order for the application to be processed: State of Minnesota license(s): ,yes ❑ no Certificate of insurance: 4 yes ❑ no Application completed in full and signed: dyes ❑ no Application fee paid in full: $L es Consent of restaurant owner /event sponsor: es ❑ no ❑ no )(N/A Release of Information completed and signed: yes ❑ no I hereby certify that the application is true, correct, and accurate. By signing below, I agree that any person operating as a food vendor under this application will fully comply with all provisions of Hutchinson City Code. I fully understand that any person who violates any provision of the Food Vendor Ordinance Section 123 is guilty of misdemeanor and are grounds for the suspension or revocation of the food vendor license in accordance with Section 123 of the Hutchinson Cit Code. k Signature QfAuthorized Representative f bate /In� j I - / t r) n a�rf �� Je.rt L Print Name Title NOTE. All applications must be considered and approved by the Hutchinson City Council. Upon approval by the City Council, a license will be issued to die applicant Online Licensing and Payment System Minnesota Department of Agriculture Thank you For using the Minnesota Depar[rnen3 of .Agriculture's Online Licensing awl i'a}merll S3slcm° Please klrinl_ lhiw_gru-Ug for your records. You will receive your new license in the mall Confirmation Date May 21, 2614 Confirmation Number: MNRAOR600039947 Page 1 of 1 651.241 -6000 800- 967 -2474 800 -627 -3529 TDD i Irem n Name descrgHiou AImAirlt paid I Effective Period 2003G1 110 WAGONNSON DOWNTOWN ASSOCIATION DBA POPCORN RETAIL FOOD HAN133.FR $8470 36'20151 jC�a[egories I u Handhn Fee ---]] $2.11��� F 71 I dtfllt Amuunl Paid NOW. Licenses with an effective period or'In Application' are not valid itgtll approved by tit MDA Authorized by Dave Frederickson, Commissioner Minnesota Depanmenl or Agriculture "iL ihkbiv I AM -141t I� rkatlr.•n ky 'l! y I � I W Icy rl kKW LLu• I PFI%'A 1V rk [R% I ('JI tits I MIkA-019.a1r. Minnesota Deparuneni of AgrWILure WDA), 625 Robcrt Street N, $1 Paul, MN 55155 -25M, rnda.ililu,rmtarn mrku: ®20]3 MDA https: / /www2.mda. state, mn. us/ webapp /erenewal /printreceipt.do 5/24/2014 HUTC -13 OP ID: SO CERTIFICATE OF LIABILITY INSURANCE 1 DATE 01/131014 a111sr2o1a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT., If the certificate holder is an ADDITIONAL INSURED, the policy(€es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain polle lea may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER I CONTACT Scott Decker Citizens Insurance Agency PHONE FAx PO Box 339 ! , 6, 1.320 -587 -2674 1 I= No .320-587 -7174 102 Main Street S I ADDRESS: Hutchinson, MN 55350 1 Scott Decker INSURER {Si AFFORDING COVERAGE NAIL N DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES {ASSaoh ACORD 107, Add3pnnal Remarks Schedule, 11 mono apaea is requfrad) CONCESSIONAIRES - INCLUDES PRODUCTS / C014PLETED OPS b9dU TS - OPEN AI R (LESSOR'S RISK) -- INCLUDING PRODUCTS /COMPLETED OPS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF TH OVE D SCNF, POLICIES BE CANCELLED BEFORE THE EXPIRATION ATE TH R TILE WILL BE DELNERED 1N Office Of Economic O ACCORDANCE WIT THE PO Y NS. Opportunity PO box 64962 ST Paul, MN 55764 AUTHORIZED REPRESEN E Scott Decker I ®1988 -2040 ACORD CO§PORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD INSURER A:Grinnell Mutual 14117 INSURED Hutchinson Downtown Assn Inc INSURER B 111 Hassan St SE INSURER Hutchinson, MN 55350 1 INSURER D ; INSUICER E: _ II 1 INAURFR F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF AWL SUBW LTR &JI& mup POLICY NUMBER POLICY EFF POLICY EXP LIMITS INEW001YYYY1 MW1DDrfYYY1 GENERAL. LIABILITY EA�CgURRENCE $ 500,000 A ]( COMMERCIAL GENERAL LIABILITY 0000608906 07/15/2013 0711512014 LIIUHENfLU PREMISES Me occurrence} $ 1000D + CLAWS -MADE Dd OCCUR MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 500,00 GENERAL AGGREGATE $ 1,000,00 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 1,008,00 '"GEENI F-1 I POLICY rr' f g 1 LOC S AUTOMOIJLELIABILITY lEamacINCU 004 =LIMIT S ANY AUTO BODILY INJURY {Per persony $ ALL OWNED SCHEDULED I BODILY INJURY $ AUTOS AUTOS (Per sccrderN) NOW0VME0 HIRED AUTOS AUTOS PER ACCIDENT) AGE $ C s UMBRELLA LIAR OCCUR EACH OCCURRENCE_ S EXCESS UAB CLAIMS -MADE I AGGREGATE $ DEO I I REre"TmN s S WORI[ERS COMPENSA'nON WC T TUI- I I T AND EMPLOYERS' LIAeLMY ANY PROPRIETORMARTNERIEXECUTJVE YIN OFFiCERIMEARER EXCLUDED? NIA - -- A- - ER I E. L. EACH ACCIDENT $ I Mandatory tn NH) IE.i.DISEASE - EA EMPLOYEE $ If s, describe under DESCRIPTION OF OPERATIONS below E. I. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES {ASSaoh ACORD 107, Add3pnnal Remarks Schedule, 11 mono apaea is requfrad) CONCESSIONAIRES - INCLUDES PRODUCTS / C014PLETED OPS b9dU TS - OPEN AI R (LESSOR'S RISK) -- INCLUDING PRODUCTS /COMPLETED OPS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF TH OVE D SCNF, POLICIES BE CANCELLED BEFORE THE EXPIRATION ATE TH R TILE WILL BE DELNERED 1N Office Of Economic O ACCORDANCE WIT THE PO Y NS. Opportunity PO box 64962 ST Paul, MN 55764 AUTHORIZED REPRESEN E Scott Decker I ®1988 -2040 ACORD CO§PORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CITY OF HUTCHINSON Council Check Register- 1 Check Issue Dates: 5/14 - 5/27/14 5/21/2014 Check Number Check Issue Date Amount Vendor Account Description 180902 5/14/2014 1,600.00 POSTMASTER Postage 180903 5/14/2014 45,158.28 HUTCHINSON CO -OP Fuel 180904 5/14/2014 147.00 POSTMASTER Postage 180905 5/14/2014 550.00 HOLTTOUR AND CHARTER INC. Senior Tour 180906 5/14/2014 131.35 RUNNING'S SUPPLY Operating Supplies 180907 5/27/2014 515.00 AARP Other Professional Services 180908 5/27/2014 20,000.00 ABDO EICK & MEYERS Auditing Services 180909 5/27/2014 740.77 ACE HARDWARE Operating Supplies 180910 5/27/2014 124.58 AMERICAN BOTTLING CO Cost of Sales - Miscellaneous 180911 5/27/2014 12.90 AMERICAN WELDING & GAS Automotive R &M 180912 5/27/2014 73.64 AMERIPRIDE SERVICES Contractual R &M 180913 5/27/2014 277.90 ARCTIC GLACIER USA INC. Cost of Sales - Miscellaneous 180914 5/27/2014 929.00 ARNESON DISTRIBUTING CO Cost of Sales - Beer 180915 5/27/2014 721.00 ARTISAN BEER COMPANY Cost of Sales - Beer 180916 5/27/2014 1,943.68 ASSURANT EMPLOYEE BENEFITS Life Insurance 180917 5/27/2014 7,606.69 ASSURANT EMPLOYEE BENEFITS Premiums - Dental 180918 5/27/2014 751.37 AUTO VALUE - GLENCOE Shop Supplies 180919 5/27/2014 2,000.00 AUTOMATIC SYSTEMS CO Other Professional Services 180920 5/27/2014 150.00 AWWA- MINNESOTA SECTION Travel /Conference Expense 180921 5/27/2014 5,600.00 B & C PLUMBING & HEATING INC Building Maintenance 180922 5/27/2014 1,312.90 BACHMAN'S Trees 180923 5/27/2014 1,408.85 BAILEY NURSERIES INC Operating Supplies 180924 5/27/2014 18,650.00 BARGEN INC Contractual R &M 180925 5/27/2014 197.00 BEACON ATHLETICS Repair & Maintenance Supplies 180926 5/27/2014 163.40 BERNICK'S Cost of Sales - Miscellaneous 180927 5/27/2014 1,297.00 BLACK HILLS AMMUNITION Operating Supplies 180928 5/27/2014 2,834.84 BLUE EARTH COUNTY SHERIFF Communication Maintenance 180929 5/27/2014 134.21 BOB AHLGREN ELECTRIC INC. Contractual R &M 180930 5/27/2014 10,121.00 BOLTON & MENK INC. Other Professional Services 180931 5/27/2014 1,912.50 BURNHAM COMPANIES LLC Inventory- Bulk Product 180932 5/27/2014 49.00 BUSINESSWARE SOLUTIONS Small Tools & Minor Equipment 180933 5/27/2014 33,574.85 C & L DISTRIBUTING Cost of Sales - Liquor 180934 5/27/2014 310.00 C &C MACHINE INC Contractual R &M 180935 5/27/2014 46.14 CENTRAL HYDRAULICS Equipment Parts 180936 5/27/2014 101.20 CENTRAL LANDSCAPE SUPPLY Repair & Maintenance Supplies 180937 5/27/2014 92.40 CENTRAL MCGOWAN Operating Supplies 180938 5/27/2014 4,523.03 CHEMISOLV CORP Chemicals & Chemical Products 180939 5/27/2014 130.00 COUNTRYSIDE FLAGPOLE Flags 180940 5/27/2014 659.00 CRAGUN'S RESORT & HOTEL ON GULL LAKE Travel /Conference Expense 180941 5/27/2014 590.00 CROW RIVER COATINGS Contractual R &M 180942 5/27/2014 300.00 CROW RIVER GOLF CLUB Wine Tasting Event 180943 5/27/2014 11,423.00 CROW RIVER OFFICIALS ASSN Other Professional Services 180945 5/27/2014 2,629.10 DAY DISTRIBUTING Cost of Sales - Wine 180946 5/27/2014 325.00 DEKOSTER, MARJORIE Plot Repurchase 180947 5/27/2014 715.00 DEL HULSTEIN TRUCKING LLC Freight - Bagged 180948 5/27/2014 83.18 DROP -N -GO SHIPPING INC Postage 180949 5/27/2014 685.40 DUANE W. NIELSEN COMPANY Other Professional Services 180950 5/27/2014 37.43 DUNDEE Employee Flowers 180951 5/27/2014 474.67 DYNA SYSTEMS Repair & Maintenance Supplies 180952 5/27/2014 137.87 ECOLAB PEST ELIMINATION Contractual R &M 180953 5/27/2014 7,698.68 EMERGENCY APPARATUS MAINT Contractual R &M 180954 5/27/2014 710.54 ENVIRONMENTAL RESOURCE ASSOC Operating Supplies 180955 5/27/2014 510.00 ERICKSON ENGINEERING CO LLC Other Professional Services 180956 5/27/2014 117.82 FASTENAL COMPANY Repair & Maintenance Supplies 180957 5/27/2014 124.50 FIRST ADVANTAGE LNS OCC HEALTH SOLUTIONS Drug Testing 180958 5/27/2014 511.20 FIRST CHOICE FOOD & BEVERAGE SOLUTIONS Operating Supplies 180959 5/27/2014 17,249.94 FORD OF HIBBING Machinery & Equipment 180960 5/27/2014 2,517.85 FRED HOLASEK & SON INC Operating Supplies 180961 5/27/2014 155.36 G & K SERVICES Operating Supplies 180962 5/27/2014 3,200.00 GAVIN WINTERS TWISS THIEMANN & LONG LTD Other Professional Services 180963 5/27/2014 590.56 GEORGE QUAST & CROW RIVER SIGNS Sign & Awning Grant 180964 5/27/2014 135.00 GOVERNMENT TRAINING SERVICES (GTS) Travel /Conference Expense 180965 5/27/2014 433.79 HACH COMPANY Other Professional Services 180966 5/27/2014 646.66 HANNEMAN, MARK Travel /Conference Expense 180967 5/27/2014 3,660.00 HANSON & VASEK CONSTRUCTION Contractual R &M 180968 5/27/2014 250.00 HAUGEN, MARY Refunds & Reimbursements 180969 5/27/2014 3,103.42 HAWKINS INC Chemicals & Chemical Products 180970 5/27/2014 89.37 HAYES INSTRUMENT CO Repair & Maintenance Supplies 180971 5/27/2014 3,128.36 HD SUPPLY WATERWORKS LTD Meters & Meter Parts 180972 5/27/2014 1,653.04 HENRY'S WATERWORKS INC Street Maintenance Materials 180973 5/27/2014 7,546.64 HEWLETT - PACKARD CO Small Tools & Minor Equipment 180974 5/27/2014 56.54 HILLYARD / HUTCHINSON Cleaning Supplies 180975 5/27/2014 532.00 HUTCH CAFE Senior Fellowship Dinners 180976 5/27/2014 1,682.00 HUTCHINSON AREA HEALTH CARE Common Area Maintenance 180977 5/27/2014 1,139.93 HUTCHINSON CO -OP Motor Fuels & Lubricants 180978 5/27/2014 232.00 HUTCHINSON HEALTH Miscellaneous Expense 180979 5/27/2014 417.65 HUTCHINSON WHOLESALE Shop Supplies 180980 5/27/2014 145.00 HUTCHINSON, CITY OF Other Professional Services 180981 5/27/2014 132.48 HUTCHINSON, CITY OF Utilities 180982 5/27/2014 8.35 INDEPENDENT EMERGENCY SERVICES Equipment Rental 180983 5/27/2014 293.85 INTERSTATE BATTERY SYSTEM MINNEAPOLIS Shop Supplies 180984 5/27/2014 11,255.92 J. P. AUSTIN ASSOCIATES INC Inventory- Process Material 180985 5/27/2014 3,327.29 JACK'S UNIFORMS & EQUIPMENT Machinery & Equipment 180986 5/27/2014 41.10 JACOBSEN, SEPTEMBER Operating Supplies 180987 5/27/2014 820.65 JJ TAYLOR DIST OF MN Cost of Sales - Wine 180988 5/27/2014 24,447.58 JOHNSON BROTHERS LIQUOR CO. Cost of Sales - Wine 180989 5/27/2014 200.00 JORDAHL, JIM Operating Supplies 180990 5/27/2014 1,821.50 KAESER COMPRESSORS Contractual R &M 180991 5/27/2014 725.00 KINNEY & LANGE Other Professional Services 180992 5/27/2014 8.90 KLOSS, TOM Travel /Conference Expense 180993 5/27/2014 10.00 KNAAK, BETTY Animal License Refund 180994 5/27/2014 20.00 KOBOW, BECKY Refunds & Reimbursements 180995 5/27/2014 14,832.01 L & P SUPPLY CO Automotive R &M 180996 5/27/2014 1,191.99 LEAGUE OF MN CITIES Machinery & Equipment 180997 5/27/2014 48.00 LEVINE, ERIC Licenses & Permits 180998 5/27/2014 744.22 LOCATORS & SUPPLIES Small Tools & Minor Equipment 180999 5/27/2014 25,304.70 LOCHER BROTHERS INC Cost of Sales - Beer 181000 5/27/2014 712.73 MACQUEEN EQUIP INC Repair & Maintenance Supplies 181001 5/27/2014 175.04 MADDEN GALANTER HANSEN LLP Other Professional Services 181002 5/27/2014 7,887.02 MANDERS DIESEL Contractual R &M 181003 5/27/2014 249.43 MAYTAG LAUNDRY & CAR WASH Other Professional Services 181004 5/27/2014 35.00 MCFOA Dues & Subscriptions 181005 5/27/2014 400.00 MCLEOD COUNTY COURT ADMINISTRATOR Bail Money 181006 5/27/2014 276.00 MCLEOD COUNTY RECORDER Printing & Publishing 181007 5/27/2014 99.00 MCPA Travel /Conference Expense 181008 5/27/2014 98.32 MCRAITH, JOHN Operating Supplies 181009 5/27/2014 105,656.58 MEDICA Medical Insurance 181010 5/27/2014 746.40 MEHR, BRIAN Travel /Conference Expense 181011 5/27/2014 473.33 MENARDS HUTCHINSON Operating Supplies 181012 5/27/2014 41.42 MESSERLI & KRAMER Garnishments 181013 5/27/2014 788.90 MEYER LABORATORY INC Repair & Maintenance Supplies 181014 5/27/2014 89.10 MINNEAPOLIS, CITY OF Other Professional Services 181015 5/27/2014 160,598.73 MINNESOTA DEPT OF TRANSPORTATION Improvotherthan Buildings 181016 5/27/2014 706.80 MINNESOTA VALLEY TESTING LAB Other Professional Services 181017 5/27/2014 419.63 MNDRIVERSMANUALS.COM Operating Supplies 181018 5/27/2014 275.00 MWOA Travel /Conference Expense 181019 5/27/2014 2,267.93 NASH FINCH COMPANY Contractual R &M 181020 5/27/2014 354.54 NCL OF WISCONSIN INC Operating Supplies 181021 5/27/2014 309.52 NORTHERN STATES SUPPLY INC Shop Supplies 181022 5/27/2014 200.00 NORTROM, ALICIA Rentals- Building 181023 5/27/2014 179.21 OFFICE DEPOT Office Supplies 181024 5/27/2014 449.75 OLSEN CHAIN & CABLE CO. Equipment Parts 181025 5/27/2014 666.68 O'REILLY AUTO PARTS Automotive R &M 181026 5/27/2014 15.00 PAULSON, DEB Licenses & Permits 181027 5/27/2014 2,796.70 PAUSTIS & SONS WINE CO Cost of Sales - Wine 181028 5/27/2014 319.20 PERFECTION PACKAGING INC Concession Supplies 181029 5/27/2014 28,110.03 PHILLIPS WINE & SPIRITS Cost Sales - Liquor 181030 5/27/2014 200.00 POPP, RANDY Rentals- Building 181031 5/27/2014 31.85 POSITIVE ID INC Miscellaneous Expense 181032 5/27/2014 630.00 POST BOARD Dues & Subscriptions 181033 5/27/2014 6,000.00 PRECISION CONCRETE CUTTING Contractual R &M 181034 5/27/2014 905.80 QUADE ELECTRIC Repair & Maintenance Supplies 181035 5/27/2014 82.31 REFLECTIVE APPAREL FACTORY INC Safety Supplies 181036 5/27/2014 523.96 ROYALTIRE Automotive R &M 181037 5/27/2014 141.62 RUNNING'S SUPPLY Shop Supplies 181038 5/27/2014 8,006.25 SAVATREE Contractual R &M 181039 5/27/2014 436.95 SCHAEFFER MFG CO Motor Fuels & Lubricants 181040 5/27/2014 50.00 SCHLUETER, SUSAN Refund Activity Fees 181041 5/27/2014 110.00 SENIOR PERSPECTIVE LLC Advertising 181042 5/27/2014 137.31 SIMONSON LUMBER CO Repair & Maintenance Supplies 181043 5/27/2014 170.65 SIMPLEXGRINNELL LP Contractual R &M 181044 5/27/2014 10.00 SITZ, HAZEL Refund Activity Fees 181045 5/27/2014 4,936.50 SMSC ENTERPRISES Inventory - Bulk Product 181046 5/27/2014 10,123.33 SOUTHERN WINE & SPIRITS OF MN Cost of Sales - Wine 181047 5/27/2014 7,635.55 SPARTAN STAFFING Other Professional Services 181048 5/27/2014 203.27 STAPLES ADVANTAGE Office Supplies 181049 5/27/2014 44,680.64 STEVENS ENGINEERS INC Other Professional Services 181050 5/27/2014 348.21 STRATEGIC EQUIPMENT Operating Supplies 181051 5/27/2014 7,594.98 STREICH TRUCKING Freight - Bulk 181052 5/27/2014 5,244.80 SUNCOAST GARDEN PRODUCTS INC. Inventory- Bagged Product 181053 5/27/2014 17.45 TEETZEL, WILLIAM K Operating Supplies 181054 5/27/2014 211.20 TEK MECHANICAL Building Repair Supplies 181055 5/27/2014 822.00 TESSMAN COMPANY Operating Supplies 181056 5/27/2014 1,031.30 THOMSON REUTERS -WEST Other Professional Services 181057 5/27/2014 37.04 TOWN & COUNTRY TIRE Automotive R &M 181058 5/27/2014 23,834.10 TREBELHORN & ASSOC Motor Fuels & Lubricants 181059 5/27/2014 170.50 TRI COUNTY WATER Operating Supplies 181060 5/27/2014 4,050.00 U.S. WATER SERVICES Chemicals & Chemical Products 181061 5/27/2014 75.25 UNIVERSAL ATHLETIC SERVICE INC Repair & Maintenance Supplies 181062 5/27/2014 700.00 URBAN SPRITE MEDIA Advertising 181063 5/27/2014 1,276.93 USA BLUE BOOK Safety Supplies 181064 5/27/2014 37.53 VERIZON WIRELESS Phone Services 181065 5/27/2014 69.95 VERTECH SOLUTIONS & SERVICES Contractual R &M 181066 5/27/2014 15,328.00 VIKING BEER Cost of Sales - Beer 181067 5/27/2014 1,178.35 VIKING COCA COLA Cost of Sales - Miscellaneous 181068 5/27/2014 907.00 VINOCOPIA INC Cost of Sales - Wine 181069 5/27/2014 610.00 Waconia Community Ed Other Professional Services 181070 5/27/2014 1,422.51 WAHL REBUILD & REPAIR INC Operating Supplies 181071 5/27/2014 40.75 WAL -MART COMMUNITY Operating Supplies 181072 5/27/2014 1,125.25 WASTE MANAGEMENT OF WI -MN Refuse - Recycling 181073 5/27/2014 12,175.32 WASTE MANAGEMENT OF WI -MN Refuse- Disposal 181074 5/27/2014 126.00 WATER ENVIRONMENT FEDERATION Dues & Subscriptions 181075 5/27/2014 125.00 WEILER, ASHLEY Uniforms & Personal Equip 181076 5/27/2014 60.00 WELCOME NEIGHBOR Advertising 181077 5/27/2014 95.78 WEST CENTRAL INDUSTRIES Utilities 181078 5/27/2014 607.20 WEST CENTRAL SANITATION INC. Utilities 181079 5/27/2014 15,152.74 WIRTZ BEVERAGE MINNESOTA Cost of Sales - Beer 181080 5/27/2014 11,338.30 WM MUELLER & SONS Contractual R &M 89.99 YIRA, JORDAN Uniforms & Personal Equip 181082 5/27/2014 2,252.00 ZARNOTH BRUSH WORKS INC Shop Supplies 181083 5/27/2014 20.00 LEAGUE OF MN CITIES Workshop Fees 181084 5/27/2014 1,171.99 MINNESOTA DEPT OF MOTOR VEHICLES Vehicle License & Reg Grand Totals: 837,182.92 181081 5 5/27/2014 8 ELECTRONIC FUNDS TRANSFERS 5/27/2014 TAX FUND PAYABLE TO FUEL HATS MN DEPT OF REV SALES TAX LIQUOR MN DEPT OF REV SALES TAX PRCE CIVIC ARENA MN DEPT OF REV SALES & USE TAX WATER SEWER CREEKSIDE MN DEPT OF REV AMOUNT $1,992.72 $41,224.00 $714.00 $11,505.00 $55,435.72 Check %J $0944 Grand \ota \s v\CNVOOVA 2 C \� �F eck ReOsteC 2� 14 Counc \\ Ch es 5114 -5I Check \ssue Vat rc�ount CROW R \vERS \GNS P '301 .50 Check \ssue D 2014 3p1.50 cc t oesawt\on P our Supp\\es operat\n6 5121I2p14 HUTCHINSON CITY COUNCIL city -f 0' "J N Request for Board Action 79 M-W Agenda Item: Consideration of Charter Commission Amendments Department: Administration LICENSE SECTION Meeting Date: 5/27/2014 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: Marc Sebora Reviewed by Staff ❑ Public Hearing Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: The Hutchinson Charter Commission met on November 18, 2013, and March 3, 2014, to review and discuss proposed changes to the City Charter. The changes reviewed pertained to Section 5.02 — Petitions and Section 5.03 — Determination of Sufficiency and Regularity. First, with regard to Section 5.02 — Petitions. The current City Charter requires that in order for an initiative, referendum or recall to be initiated, a petition must be signed by registered voters of the City equal in number to 10 percent of total votes cast in the last regular city election. Upon research and discussion of the Charter Commission, the Commission unanimously voted to amend the language to require that petitions must be signed by 10 percent of the registered voters of the last city election. The Commission expressed that this requirement accommodates a more stable petition requirement from election year to election year. Therefore, the Charter Commission hereby recommends that Section 5.02 of the Hutchinson City Charter be amended to require petition signatures to be registered voters of the City equal in number to 10 percent of registered voters as of the last city election. Second, with regard to Section 5.03 — Determination of Sufficiency and Regularity. This section of the Charter speaks to examinations of petitions to determine if they are sufficient. In August 2013, the City Council adopted an ordinance that prohibits petition circulators or signers from receiving pecuniaries or other rewards for circulating or signing a petition. It was suggested that the Charter also contain language related to this. Therefore, the Charter Commission voted unanimously to include language in Section 5.03 prohibiting persons circulating or signing petitions from accepting or offering any pecuniary or other reward in connection with petitions. Minnesota Statute Section 410.12, Subd. 7 allows for Charter amendments to be enacted by ordinance following a public hearing. These amendments may be considered for adoption by a unanimous vote of the Council via ordinance. If approved, the second reading and adoption of the ordinance with the amendments would be set for June 10, 2014. Should the Council approve the ordinance, the amendments will take effect 90 days from the date of the adoption of the ordinance. BOARD ACTION REQUESTED: Accept recommendations of Charter Commission for City Charter amendments and set second reading and adoption of Ordinance No. 14 -0724 for June 10, 2014. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Ordinance No. 14 -724 Publication No, AN ORDINANCE ADOPTING REVISIONS TO SECTIONS 5.02 AND 5.03 OF HUTCHINSON CITY CHARTER The City Council hereby ordains: WHEREAS, the Hutchinson Charter Commission met on November 18, 2013, and March 3, 2014, to review sections of the City Charter for updating or amending; and, WHEREAS, the Hutchinson Charter Commission voted unanimously for revisions to be made to Section 5.02 to amend the petition requirements to be of those registered voters as of the last city election instead of the total votes cast in the last regular city election; and, WHEREAS, the Hutchinson Charter Commission voted unanimously for revisions to be made to Section 5.03 adding language that would restrict petition circulators or petition signers from accepting any pecuniary or any reward for doing so; and, WHEREAS, Minnesota Statute 410.12, Subd. 7, allows Charter changes to be made by ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, THAT Sections 5.02 and 5.03 of the Hutchinson City Charter as attached hereto are hereby revised and these changes to the City Charter will take effect 90 days from adoption of this ordinance. Adopted by the City Council this i 0'h day of June, 2014. Attest: Jeremy J. Carter, City Administrator Steven W. Cook, Mayor Section 5.02. PETITIONS. An initiative, referendum or recall, shall be initiated by a petition signed by registered voters of the City equal in number to 10 percent of teta4 voter cwt in registered voters as of the last regula f city election. Each petition shall be sponsored by a committee of five registered voters whose names and addresses shall appear on the petition. A petition may consist of one or more papers, but each paper circulated separately shall contain at its head or attached to it the statement required by Sections 5.05, 5.07 or 5,08, as the case may be. The signature and street address of each signer shall appear on the petition. Each separate page of the petition shall have appended to it a certificate, verified by oath, that each signature is the genuine signature of the person whose name it purports to be. The person making the certificate shall be a resident of the City. Any person whose name appears on a petition may withdraw such name by a statement in writing filed with the city administrator before the city administrator advises the council of the sufficiency of the petition. Section 5.03. DETERMINATION OF SUFFICIENCY AND REGULARITY. Immediately upon receipt of the petition, the city administrator shall examine the petition as to its sufficiency and report to the council within 20 days. Upon receiving the report, the council shall determine by resolution the sufficiency and regularity of the petition, setting forth in detail any insufficiency or irregularity. Sufficient means the required number of registered voters have signed the petition and each required signature is authentic. Regular means the petition contains all subject matter upon which a vote of the people is authorized under initiative, referendum or recall procedures of this Charter, or the initiation of Charter amendments by Minnesota statutes. No member of anv initiative, referendum, or recall committee. no person circulating a Daper for signatures. and no signer of anv such Daoer, or anv other Derson, shall accept or offer anv oecuniary or other reward for service rendered in connection with the circulation. Section 5.04. FURTHER REGULATIONS. The council may provide by ordinance such further regulations for the initiative, referendum, recall, not inconsistent with this charter, as it deems necessary. Section 5.05. DISPOSITION OF PETITION. If the council determines that the petition is insufficient or irregular, the city administrator shall deliver a copy of the petition, together with the resolution describing the insufficiency or irregularity, to the sponsoring committee. The committee shall have 30 days in which to file additional signature papers and to correct the petition in all other particulars. if at the end of that period the council finds that the petition is still insufficient or irregular, the petition shall be filed in the office of the city administrator who shall notify the sponsoring committee. The final finding that the petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose nor shall it prevent the council from referring the ordinance to the voters at the next regular or special election at its option. Section 5.06. INITIATIVE. Any ordinance, except an ordinance relating to the budget or capital program, the appropriation of money, the levy of taxes, or the salaries of city officers or employees, may be proposed by a petition which shall state at the head of each page or attached thereto the exact text of the proposed ordinance. If the council passes the proposed ordinance with amendments and a 415 majority of the sponsoring committee do not disapprove the amended farm by a statement filed with the city HUTCHINSON CITY COUNCIL city -f 0' "d N Request for Board Action 79 M-W Agenda Item: Center for the Arts Update Department: Administration LICENSE SECTION Meeting Date: 5/27/2014 Application Complete Yes Contact: Marc Sebora Agenda Item Type: Presenter: Tom Wirt Reviewed by Staff ✓❑ Communications, Requests Time Requested (Minutes): 0 License Contingency No Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: The Center for the Arts has requested to provide an update to the City Council on their activities for the past year. Highlights that will be presented include: 1. Highlights from the last 6 months Center Operation. 2. List of Partner Arts Organizations, Board and Contact Information. 3. SMAC Grant distributions for 2014 to date. 4. Capacity Building program outline. 5. Lori Jacobsen, credentials, Fund - raising consultant hired to assist us in that area. BOARD ACTION REQUESTED: No action. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Hutchinson Center For The Arts City Council Packet Materials for May 27, 2014 CONTENTS: 1. Highlights from the last 6 months Center Operation. 2. List of Partner Arts Organizations, Board and Contact Information. 3. SMAC Grant distributions for 2014 to date. 4. Capacity Building program outline. 5. Lori Jacobsen, credentials, Fund - raising consultant hired to assist us in that area. 6 MONTHS HIGHLIGHTS SUMMARY HUTCHINSON CENTER FOR THE ARTS ALL MONTHS HAVE ADDITIONAL SHOWS, MEETINGS, RENTALS, EXHIBITS OCTOBER- NOVEMBER 2013 1. Successfully completed first year of ArtsLab organizational development program. Specific areas completed to date: a. Community Analysis b. Mission Development c. Mission and Money d. Leadership Capacity Development e. Personal Leadership Style Development f. Brand Alignment, Positioning and social media g. Developing strategy and Business models 2. Lena Mowlem hired as Interim Executive Director. 3. Received $20,000 ArtsLab grant to build Business Management System, improve Organizational capacity and build staff and board skills. 4. Second Annual Hutchinson Photography Club "Annual Showcase ". Over 135 attendees at opening. 5. Curt Gander Exhibit opened with 125 attendees, 10 sales. DECEMBER 2013 1. Awarded $11,000 Unrestricted Operating Grant from Southwest Minnesota Arts Council (SMAC) 2. Identified operating "burn rate" for 2013 -4 about $7,000 per month, including, wages, rent, utilities. Does not include programming. 3. Bill Haas water color art exhibit opens. JANUARY 2014 1. Renewal of City contribution. 2. New Executive Director -Cindy Ludwig. 3. By -laws revised (Dorothy (Darby) Bradley a. Restructured Board to 9 members, b. Officer and Board Term Limits c. Partner Arts Organizations as voting members. 4. 2014 Board Elections a. LuAnn Drazkowski, President, b. Lena Mowlem, Secretary c. Sarah Work, Treasurer d. Tom Wirt, Vice President HUTCHINSON CENTER FOR THE ARTS — PAGE 2 FEBRUARY 2014 1. Improved structure to make committees and sub - committees more functional a. Facilities b. Finance c. Development (Fund- raising) d. Marketing 2. Working toward well - defined roles and responsibilities of Board, Members and Officers to be completed by July 2014 MARCH 2014 1. Started work to support Crow River Arts in shifting focus to individual artists and makers. Beginnings of structure for an arts industry in Hutchinson. 2. Started Fund - Raising workshops and skills building with Lori Jacobwith APRIL 2014 1. Finalizing Downtown Banner Project with Ambassadors 2. Hutchinson Theatre Company production of "The Big Five -0 ". Six sold out shows serving 650 patrons. 3. "Night For The Arts" Planning MAY 2014 1. Kids K -12 Exhibit estimated first day attendance 200. 2. Successful "Night for the Arts" Fund - raiser, $24,000 gross, $14,000 net, (not final numbers), 130 attendees. Next "Night for the Arts" New Orleans party, February 21, 2015. 3. Restructuring of Founders' Club started. Hutchinson Center For The Arts 2014 Board of Directors LuAnn Drazkowski, President, Pride Solutions, LLC, 120 Eastgate Dr SE, Hutchinson, 587 -0760 Lena Mowlem, Secretarv, Chair Marketing Committee, Arts Advocate, Hutch Theatre Co., 1365 Westwood Dr. NW, Hutchinson 234 -6339 Sarah Work, Treasurer, Welcome Home Management 1039 MN Hwy 22, Hutchinson, 587 -0005 Tom Wirt, Vice President, Clay Coyote Pottery, 17614240 th St., Hutchinson, 320 - 587 -2599 Grey Jodzio, Chair Development Committee, Red's Hots, Southwest Initiative Foundation 15 3rd Ave NW, Hutchinson, 587 -4848 Corev Stearns, Stearnswood, 320 P Ave NW, Hutchinson, 587 -2137 Dolf Moon, Chair Facilities Committee, Hutchinson Park & Rec, 900 Harrington Street SW, Hutchinson, 587 -2975 Jim Fahev, Fahey Sales, 2910 9th St E, Glencoe, 55336, 864 -3510 Steve Gasser, Vivid Image, 897 Highway 15 South, Hutchinson, 587 -8974 Hutchinson Center For The Arts Partner Organizations The Hutchinson Center for the Arts is proud to partner with the following organizations: Crow River Area Youth Orchestra Crow River Arts Crow River Singers Fiber Arts Guild Historic Hutchinson Hutchinson Concert Association Hutchinson Parks, Recreation & Community Education Hutchinson Photography Club Hutchinson Theatre Company Litchfield Area Male Chorus McLeod County Fair MN Pottery Festival RiverSong Music Festival Benefits of Partnering with the Center include but not limited to: • Fiscal agent/sponsor access • Full insurance coverage • Physical location Permanent location - more public awareness Meeting and storage space Special event space • Infrastructure resources Credit card machine Portable sound system and AV equipment Internet and software access Office and Art supplies • Administrative support Ticket sales Class and grant writing support Coordinated calendar • Networking Chamber of Commerce membership Network with other arts organizations in Hutchinson • Marketing and Advertising Newsletter and website exposure Greater public awareness through the art "hub" Southwest Minnesota Arts Council, FY 2014 (7/1/13 to 4/22/14 Partial Summary of Grants by County Fiscal Year 2014 to Date: 7/1/13-4/22/14 Big Stone Chippewa Cottonwood Jackson Kandiyohi Lac qui Parle Lincoln Lyon McLeod Meeker Murray Nobles Pipestone Redwood Renville Rock Swift Yellow Medicine Region Wide FY14 County grants awarded to date $ 4,994 $ 13,506 $ 4,210 68,087 18,952 17,966 52,488 56,815 7,500 1,498 16,000 1,715 6,270 5,000 24,900 19,008 13,699 5,000 337,608 %of all awards 1% 4 %I 1% 0 %I 20% 6% 5% 16% 17% 2 %I 0% 5% 1% 2 %I 1% 7% 6% 4 %I 1% 100%1 % of total POP. 2% 4% 4% 4% 15% 3% 2% 9% 13% 8% 3% 8% 3% 6% 6% 3% 3% 4% n/a 100% County Population 5,269 12,441 11,687 10,266 42,239 7,259 5,896 25,857 36,651 23,300 8,725 21,378 9,596 16,059 15,730 9,687 9,783 10,438 n/a 282,261 Added Last Round April -2014 Hutchinson Center for the Arts - $4,000 Retaining Lori Jacobwith for Development Planning and Training RiverSong Music Festival -$2000 Filing for 501.c.3 status LoriiaCOBWITH 4W Where your mission meets its match. February 7, 2014 LORI JACOBWITH, RESUME and QUALIFICATIONS My Core Beliefs • Inviting others to make a financial investment is honoring the desire to be of service and to be our best selves. • My work creates an environment where the messages about the organization focus on "what's working" and "what's missing" so donors see clearly how their dollars make a difference. • Fundraising is a function of deep and profound relatedness. It is the job of staff and board members to engage the community, keep them connected to the mission of the organization, and keep them aware of ways to support the organization. • Money and support of all types moves toward boldness &t clarity of communication. • Accountability = success. Collaboration generates financial prosperity. Brief Bio Lori L. Jacobwith is a nationally- renowned, high- energy speaker, trainer and fundraising coach with a passion for the positive. Her strategies &t tools have helped nonprofit organizations raise more than $200 million from individual donors. Lori has coached and trained thousands of staff and board members, including hundreds of arts organizations across North America to raise more money and powerfully share their stories. Lori is the founder of the Ignited Fundraising Community, author of Nine Steps to a Successful Fundraising Campaign and the "must- read" weekly blog: Withism's From Lori: Boldness, Clarity and Wisdom for Fundraising Professionals. In 2013 Lori created the Step -by -Step Storytelling System to help nonprofits catapult their communications &t fundraising to an unbelievable level of effectiveness. Lori lives in Minnesota and is a long -time member of the Association of Fundraising Professionals [AFP]. Additional Information Annually I deliver 145 trainings in- person, via Skype or via webinars across the country. I also provide in- depth, in- person or Skype coaching for up to 5 nonprofit organizations at one time. Current clients include: • Catholic Charities, St. Cloud, MN - $8 million capital and endowment campaign. ($1.5 million raised to date.) • Reconciling Works, St. Paul, MN - Capacity building and closing a $260,000 funding gap by June 30, 2014. (Project kicked off Feb 1, 2014) • Volunteers of America, North Louisiana, Shreveport, LA - Coaching &t consulting work to close $1.8 million annual funding gap by June 30, 2014. ($1.4 million raised to date.) • Lowell Community Health Center, Lowell, MA - Update annual fund development plan &t assist with closing $500,000 annual funding gap. [In 2012 closed $5 million capital campaign together.] To learn more about Lori: httr):/ /www.loriiacobwith.com /sr)eakine lori @lorijacobwith.com 952.849.2105 lorijacobwith.com Southwest Minnesota Arts Council -2014 Grants to date April 1 McLeod County Calen Mulenburg Glencoe TOTAL Awards: 1 $500 Crow River Area Youth Orchestra Hutchinson TOTAL Awards: 5 $12,964 Historic Hutchinson Hutchinson TOTAL Awards: 1 $5,000 Hutchinson Center for the Arts Hutchinson TOTAL Awards: 2 $13,020 Hutchinson Photography Club Hutchinson TOTAL Awards: 1 $1,650 Hutchinson Public Arts Commission Hutchinson TOTAL Awards: 1 $4,900 Hutchinson Theatre Company Hutchinson TOTAL Awards: 1 $2,200 Minnesota Pottery Festival Hutchinson TOTAL Awards: 1 $4,150 Prairie Arts Council Lester Prairie TOTAL Awards: 1 $4,800 RiverSong Music Festival Hutchinson TOTAL Awards: 2 $6,131 V. Ellen Starr Hutchinson TOTAL Awards: 1 $1,500 Additional Grants April Rounds Hutchinson Center For The Arts - $4000 -Lori Jacobwith Development Planning and Skills Building RiverSong Music Festival - $2000 -Fees for filing for 501.c.3 COUNTY: McLeod Population: 36,651 (13 %) TOTAL Awards: 17 $56,815 (17% of all awards) From SMAC Grant Approval Panel Comments: Regarding grant application for Hutchinson Center for the Arts to bring in Lori Jacobwith as a fund raising consultant: What the Grant Panel said: SAD -6 Hutchinson Center for the Arts Fundraising Skills/Board Engagement $2,000 Wirt declares a conflict of interest and abstains from discussion and voting. Overall Score: 80.08% Rank: 2 Merit of Organization & Project: The organization is well established in the community and provides many high - quality programs. The board is comprised of active members of the arts community who represent a variety of specialties. The organization offers high - quality arts programs and have a major presence in its community. Especially noteworthy is the variety of different arts medium that are featured in the organizations programs. The woman they plan to hire looked like she had good qualifications. I thought she was excellent, and she's worked with them before. I like that they're trying to move the organization from donations to earned income and patron support. Board development to increase dollars for programs should help provide future high quality activities. The organization has received continual funds from the city as well as local businesses and individuals. Demand or Need: It looks like a good program. It seems like it will help them be more sustainable. The hope is that the training will help the organization better connect with the community, helping the organization to gain support and interest. The budget illustrates a need for financial support. Ability to Accomplish the Project: The organization has a good history of successfully completed grants. The timeline is clear and well - planned, and the goals are very achievable. I didn't quite understand the evaluation tool, but I guess she'll help them come up with one. I like bar graphs. They mentioned that part of the goal was to move donations to earned income — is that what she will document? So much depends on the facilitator and how the principals buy into the overall program. HUTCHINSON CITY COUNCIL city -f 0' "J N Request for Board Action 79 M-W Agenda Item: Mosquito Control Update Department: Administration LICENSE SECTION Meeting Date: 5/27/2014 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: John Olson Reviewed by Staff ✓❑ Communications, Requests Time Requested (Minutes): 5 License Contingency No Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: John Olson, Public Works Manager, will be providing an update to the Council on planned mosquito control activities for the 2014 season. BOARD ACTION REQUESTED: No action. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Agenda Item: Department: Contact: Presenter: HUTCHINSON CITY COUNCIL Request for Board Action Consideration for approval of Resolution No. 14284 EDA Lee Miller L. Miller/ Reynolds Trans LICENSE SECTION Application Complete Reviewed by Staff Time Requested (Minutes): 5 License Contingency BACKGROUND /EXPLANATION OF AGENDA ITEM: N/A N/A ma Meeting Date: 5/27/2014 Agenda Item Type: New Business Attachments: Yes Reynolds Transport, Inc. (RTI) has been working with the EDA in an effort to expand their presence in town. Earlier this year, the company was considering purchasing four acres in the Industrial Park for the purposes of constructing a 10,000 s.f. office and shop building. Due to local demands for third party warehousing options, RTI is considering the possibility of constructing a 50,000 s.f. warehouse in the Industrial Park, in lieu of their original plans for a office /shop complex. RTI has inquired with the EDA regarding the potential for financial assistance. Specifically, the company has expressed an interest in applying to the MN Dept. of Employment and Economic Development (DEED) for Job Creation Fund (JCF) assistance. Participating companies that are selected for an award are eligible for a 7.5% rebate on real property improvements and up to $3,000 per permanent, full time job opportunities that are created as a result of the project. DEED requires companies to work with local units of government in developing the application package and requires a resolution supporting the project and the company's pursuit of JCF funding. For Council review, I've included a brief summary of the JCF program and a Program Eligibility checklist. Per the checklist, you will notice that the required Resolution of Support is one of the first steps to be taken in order to allow the company to complete the application process. The EDA Board of Directors supports this project and RTI's pursuit of JCF enrollment. Please contact me at 234 -4223 if you have any questions, concerns, or comments. BOARD ACTION REQUESTED: Motion to approve Resolution No. 14284 Fiscal Impact: FTE Impact: Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Remaining Cost: Funding Source: Budget Change: No Funding Source: $ 0.00 Funding Source: CITY OF HUTCHINSON, MINNESOTA RESOLUTION NO. 14284 RESOLUTION REGARDING THE SUPPORT OF A JOB CREATION FUND APPLICATION IN CONNECTION WITH REYNOLDS TRANSPORT, INC. WHEREAS, the City of HUTCHINSON, Minnesota (the "City "), desires to assist REYNOLDS TRANSPORT, INC., a freight and logistics company, which is considering construction of a warehouse facility in the City; and, WHEREAS, the City of HUTCHINSON understands that REYNOLDS TRANSPORT, INC. , through and with the support of the City and Hutchinson Economic Development Authority, intends to submit to the Minnesota Department of Employment and Economic Development an application for an award and /or rebate from the Job Creation Fund Program; and, WHEREAS, the City of HUTCHINSON held a City Council meeting on May 27th, 2014, to consider this matter. NOW, THEREFORE, BE IT RESOLVED that, after due consideration, the Mayor and Interim City Administrator of the City of HUTCHINSON, Minnesota, hereby express their approval of the project proposed by REYNOLDS TRANSPORT, INC. and its application for an award and /or rebate from the Job Creation Fund Program. Sworn and Executed Under My Hand this_ day of 2014. Mayor Steve Cook ATTEST: Marc Sebora — Interim City Administrator Minnesota Job Creation Fund Program Program Overview The Jab Creation Fund (JCF) program is DEED's newest program to encourage job creation and capital investment in new or expanding businesses. The program provides job creation awards of up to $500,000 and capital investment rebates of up to $500,000 for qualifying businesses. Eligibility Businesses may apply through a local government where their new or expanding business will be located and must be primarily engaged in manufacturing, warehousing, distribution, IT, or other eligible activities. At minimum, a business must: • Invest $500,000 in real property improvements within one year of designation as a Job Creation Fund Business; and, • Create 10 new full -time, permanent jobs within two years of designation as a Job Creation Fund Business; and, r Obtain a resolution of support from the local government where the business will be located. Benefits A business approved and designated by DEED for the program may request benefits after entering into a business subsidy agreement with DEED, making an investment of at least $500,000 within one year, and having at least 10 new permanent full -time jobs in place for one year. Benefits include: + Up to 7.5% rebate on capital investment in real property improvements in Greater Minnesota • Up to 5% rebate on capital investment in real property improvements the Twin Cities Metro • Between $1,000- $3,000 per new permanent full -time job per year, based on cash wages paid • All new jobs must pay at least $12.48 in total compensation r All wage and compensation levels are adjusted annually Provisions for Large Projects Businesses making a capital investment of more than $25 million may be eligible for these JCF awards: r Up to $2 million ($1 million in capital investment rebates and $1 million in job creation awards) if the business creates at least 200 full -time permanent jobs. • Up to $1 million in capital investment rebates for projects that will retain at least 75 full -time permanent jobs in Greater Minnesota or 200 in the Twin Cities metro area. Although equipment may be counted toward large project eligibility, the capital investment rebate only applies to the expenditures related to real estate — land and building— improvements. For More Information Application materials, frequently asked questions and other information can be found at http: / /mn.gov/deed /business/ 1/10/14 Business and Community Development Division 1st National Bank Building ■ 332 Minnesota Street, Suite E200 ■ Saint Paul, MN 55101 -1351 USA ■ www.positivelyminnesota.corn Toll Free: 800 -657 -3858 ■ Phone. 651 -259 -7114 ■ Fax: 851- 296 -5287 ■ TTY: 651 -296 -3900 An equal opportunity employer and service provider. Job Creation Fund (JCF) Program Eligibility and Application Checklist Determining Potential Eligibilitv for a Business The business must meet all of the following conditions to apply to the Job Creation Fund Program: 1. Business is engaged in an eligible business activity (manufacturing, warehouse, distribution, information technology, finance, insurance, or professional or technical services); and 2. Business will expend a minimum of $500,000 in real property improvements (construction, renovation, etc.) within one year of JCF designation; and 3. Within two years of JCF designation, business will create a minimum of 10 new permanent, full -time jobs (2080 hours annually) that will be paid at least $12.45 in wages and benefits; and 4. The project could occur outside of Minnesota; and 5. The business can demonstrate that the project would not occur to the extent planned without JCF Funding; and 6. The project has not yet started (i.e., no building permits, bids, construction). *The above qualifications determine potential eligibility and indicate if a business should apply - this does not guaranty eligibility or benefits. Completing the Application If the above conditions are met and the business would like to apply, the following must be completed as part of the application process: 1. Business must consult with the local government where the project will take place. 2. A resolution of support from the local government where the project will take place must be included with the application. 3. Application Section 1: Completely fill out all applicant information. 4. Application Section 2: Completely fill out all project overview information. 5. Application Section 3: All questions from Parts A -D must be thoroughly answered and separated by number with following items included: two years historical financials and projections _ commitment letters from each funding source (if available) _ quarterly payroll reports from the last year showing existing full -time permanent employees job creation form listing projected new permanent, full -time employees 6. Application Section 4: Business Acknowledgement and Certifications must be signed by business official and local government contact. 7. If applicable, a letter from the local government not objecting to the business moving from their community to another location in Minnesota must be attached. HUTCHINSON CITY COUNCIL city -f 0, "J N Request for Board Action 79 M-W Agenda Item: Off Sale 3.2% Malt Liquor License and Tobacco License Department: Administration LICENSE SECTION Meeting Date: 5/27/2014 Application Complete Yes Contact: Marc Sebora Agenda Item Type: Presenter: Marc Sebora Reviewed by Staff ✓❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: Michael King, President of Viking Oil Corp. Inc., is opening a SuperAmerica at 640 Hwy 7 East. This is the former Sinclair gas station site. Viking Oil Corp. Inc. has submitted applications to sell off -sale 3.2 malt liquor and tobacco. The applications are complete and a background investigation was completed by the Hutchinson Police Department. There was nothing in Mr. King's background that would preclude him from obtaining these licenses on behalf of Viking Oil Corp. Inc. BOARD ACTION REQUESTED: Approve issuing 3.2% malt liquor license and tobacco license to Viking Oil Corp. Inc. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: City of 1 I 1 Hassm Street Southeast Hutchinson, MN 55350 (3 20) 537 -5 15 1 IF ax: (320) 23 4-4 240 Off -Sale Fee: $300.00 City of Hutchinson APPLICATION FOR 3.2 MALT LIQUOR LICENSE — OFF SALE In provisions of the City of Hutchinson Municipal Code Chapter 112 All applications must be received at least two weeks before City Council Meeting in order to be considered Business Information v Business Name Phone Number fA V S.-s- 3s -L) Business Address City State zip OW) S Type of Business Corporate Information 0fa plicablel � Corporation Name Phone Number _Corporation Address City State zip Officer(s)/Owner(s) of the Business (if necessary, list additional names on se_parare sheet) Name Title Name Title Naive Title Checklist The following items need to be completed and/or attached in order for the application to be processed: Certificate of insurance (made out in the name of the City of Hutchinson) ryes ❑ no Application fee paid in full (check or money order): CRyes ❑ no Application completed in full and signed by authorized officer: -I yes El no The above listed business hereby applies for a license for the term of one year to sell IN ORIGINAL PACKAGES ONLY, 3.2 MALT LIQUORS, as the same are defined by law, for consumption "OFF" those certain premises in the City of Hutchinson described above at which place said applicant operates the business listed above and to that end represents and state as follows: That said applicant is a citizen of the United States; of good moral character and repute; and has attained the age of 21 years; that he/she is proprietor of this establishment for which the license will be issued if this application is granted. That said applicant makes this application pursuant and subject to all the laws of the State of Minnesota and the ordinances and regulations of said City of Hutchinson applicable thereto, which are hereby made a part hereof, and hereby agrees to observe and obey the same. .City aj'Hrr[dziErson OPhcn[ionfor 3.? Mah Liquor L[�ense — Off Sale Page 2of2 Each Applicant further states that he/she is not now the holder of, nor has he/she made application for, nor does he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor. [ declare that the information f have provided on this application is truthful, and f authorize the City of Hutchinson to investigate the information submitted. Signoture of authorized officer of organization Internal Use Only y Police )d approved ❑ denied Notes: Police ChiefSienature Date Date LIQUOR ESTABLISHMENT Ordinance 112.019 requires that the manager of the establishment be "a natural person who is a resident of the City ". Please complete and sign the following confirming the above. Establishment Information _ Establishment Name Establishment Address Owner /Corporate Information M1Cl�AE�- iZ►�[ cjj1_- Ce ef). ' OwneriCorporale Name OwnerlCorporate Address Mana er Information ! Manager Name u\t �\ W_ Lug T Manager Address Phone Number �a4<< \�j 1 �5() City State Zip Phone Number 1 N)OY,A M tj S, �t City State Zip Sao - 5 7- �y�S Phone Number City State Zip 1 declare that the information i have provided on this application is truthful. and I authorize the City of Hutchinson to investigate the information submitted. M /6 -� Signature of owner or a&orized o0cer of'establishment ' Date City 0' L ' I I I Hassan Street SOUtheast Hutchinson, MN 55350 (32(}) 587 -5151 f ax: (32 0) 234 -1240 City of Hutchinson Application for License to Sell Tobacco at Retail (Under Ordinance No.. 113) Applicant lnformation C� — 4pliccrnt Narne (First, Middle & Last) i._Sti.l Applicant Address• I City Vusmess Information .5-�2 t: i q DBA Has a Certificate ofAssurned Name been file wish the Secretary oj'State's office? yes no License Fee: $17 - -00 Investigation Fee:_ Operating Year: Applicant Phone Number State Zip Business Phone Number If Yes. what is the assumed name? tl 6V Address T City State Zip Contact Co orate Information (if appjicable) l � 1VC\ C, 1 L Cam, v' Corporate Name Corporate Phone Number r Corporate Address City State Zip CEO License Coordinator *Please rzotifYCity of Hutchinson of chLn:EL2f ownership within 30 days ofcharage. Checklist The following items need. to be completed and/or attached in order for the application to be processed: Application fee paid in full (check or money order): 1yes D no Application completed in full and s�mied: U.ves ❑ no Grounds Far Denial 1) The applicant is under the age of 18 years; 2) The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provision or other regulation relating to tobacco or tobacco products or tobacco- related devices; 3) The applicant has had a license to sell tobacco, tobacco products or tobacco - related devices revoked within the preceding 12 months of that date of application; 4) The applicant fails to provide any information required on the application, or provides false or misleading information; or 5) The applicant is prohibited by federal, state or local law, ordinance or other regulation, from holding this type of a license. H. Lice nsts).4ppl kcal 0115fl obaocn doc City of'Hutchinson 11ppliccrtiorr Jar License to Sell Tobacco crt Retail Page ? ref '3 [ hereby certify that I have completely filled out the entire above application and that the application is true, correct, and accurate. Signature of AppUcant Print Name Dale 1� 1fv'ry 1J Tirle ,'VOTE: No Vplicrrtiora will be, forwarded to the City Council unless received two weeks prior to the regular Council njeeting, filled out in completion, and fee paj)tneut is attached. Internal Use Only Background Check Completed City Council approved H .Lii:ensesrkpplicatimis/I'uMrceo doc ❑ denied Notes: CERTIFICATE OF LIABILITY INSURANCE ArnenCan Fancily InsuranCe Company _ Adrlencan Family PAutual Insurance Company if selection box is not checked 6000 Amencart Pky Madison, Vvlsconsln 53783 -0001 Insured s Name and Addresa Ageal's Name, Address and Phone Number IAgt rDlst ] . .. •ill . ... .. . 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If1,pl5e rio obligation or liability Cf Fny Irlflii r upon we company Its :.agents ❑r representa!rves • to flays tknkk:ss tldierelli a4y4 ! 11 tr- X11 l.7 t.•, l Shama i ,�...... .........._..._.__.._.....___._....... ...._— _._.-- .-- _.- _............ Tl,ks CenFfFes wverage on the date df fi ove dcsc:h6ecl Drs: • q ),7 I -_i rssue Drily pnlirles corliofrnlly mth their torrn 7n[tYft• I !revs fAhe Slate tyf 1591to L7A I L I5 su m -- r',li F r i7iir7 - - -- - -- - E 1 U -261 Ed. 5MO Stock No 06668 R•�v. 7l02 HUTCHINSON CITY COUNCIL city -f 0, "J N Request for Board Action 79 M-W Agenda Item: Planning Commission Items - Adopt Revised Floodplain Ordinance Department: Planning LICENSE SECTION Meeting Date: 5/27/2014 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: FLOOD PLAIN ORDINANCE REVISION The entire Flood Plan Ordinance is being amended to be in compliance with new statewide statute and rules as set forth by the Minnesota DNR. The City of Hutchinson will be receiving new flood plain maps this July from FEMA. These maps are needed to carry out the National Flood Insurance Program which determines what areas are floodplain and which are not. The proposed Flood Plain Ordinance shall be amended to be complaint with "Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota ", Minnesota Rules, Parts 6120.5000 to 6120.6200. Therefore also in accordance with Minnesota State Statutes Chapter 103F. The proposed amendments are also complaint with the floodplain management standards of the Federal Emergency Management Agency. Recommendation: Staff recommends approving the Floodplain Ordinance Revisions so that the new Flood mapping can be put into place for Hutchinson and residents can continue to get flood insurance. Note: See actual ordinance language on the next several pages. BOARD ACTION REQUESTED: Approve first reading Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: MEMORANDUM DATE: May 20, 2014 for the May 27, 2014 City Council meeting TO: Hutchinson City Council FROM: Dan Jochum, Planning Director SUBJECT: ADOPTION OF REVISED FLOOD PLAIN ORDINANCE APPLICANT: n/a Background: FEMA has recently completed updated surveying and electronic mapping of local Flood Plain Districts. The MN DNR requires adoption of an updated Flood Plain Ordinance in order allow availability of FEMA Flood Plain Insurance to City residents. Please see staff report for more detailed information. Planning Commission Meeting: The Planning Commission held a public hearing and considered the proposed ordinance adoption at their May 20, 2014 meeting. City staff shared that FEMA engineers have completed extensive surveying and electronic mapping of the City's Flood Plain District. City staff shared the currently adopted Flood Plain Ordinance is largely the previously recommended Ordinance from the MN DNR. After discussing the request, the Planning Commission unanimously recommended approval. DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Mike Schumann, Dan Hatten, Dave Hunstad, Brian Mehr, Dolf Moon, Jean Ward, Jeremy Carter, John Olson, John Paulson, John Webster, Judy Flemming, Kent Exner, Lee Miller, EDA Intern, Lenny Rutledge, Marc Sebora, Mike Babe, Dan Jochum and Andrea Schwartz (Persons in attendance at Planning Staff Meeting (in bold) Date: May 12, 2014, for May 20, 2014, Planning Commission Meeting RE: Consideration of Revision of the Flood Plain Ordinance — Section 154.085 through 154.099 FLOOD PLAIN ORDINANCE REVISION The entire Flood Plan Ordinance is being amended to be in compliance with new statewide statute and rules as set forth by the Minnesota DNR. The City of Hutchinson will be receiving new flood plain maps this July from FEMA. These maps are needed to carry out the National Flood Insurance Program which determines what areas are floodplain and which are not. The proposed Flood Plain Ordinance shall be amended to be complaint with "Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota ", Minnesota Rules, Parts 6120.5000 to 6120.6200. Therefore also in accordance with Minnesota State Statutes Chapter 103F. The proposed amendments are also complaint with the floodplain management standards of the Federal Emergency Management Agency. Recommendation: Staff recommends approving the Floodplain Ordinance Revisions so that the new Flood mapping can be put into place for Hutchinson and residents can continue to get flood insurance. Note: See actual ordinance langue on the next several pages. Floodplain Management Ordinance - City of Hutchinson Contents Section 1.0 Statutory Authorization, Findings of Fact and Purpose ............................ ............................... 1 1.1 Statutory Authorization .................................................................. ............................... 1 1.2 Purpose ............................................................................................ ..............................1 Section 2.0 General Provisions .................................................................................... ............................... 1 2.1 How to Use This Ordinance ............................................................. ............................... 1 2.2 Lands to Which Ordinance Applies ................................................. ............................... 1 2.3 Incorporation of Maps by Reference .............................................. ............................... 2 2.4 Regulatory Flood Protection Elevation ........................................... ............................... 2 2.5 Interpretation ................................................................................. ............................... 2 2.6 Abrogation and Greater Restrictions .............................................. ............................... 2 2.7 Warning and Disclaimer of Liability ................................................ ............................... 2 2.8 Severability ....................................................................................... ..............................3 2.9 Definitions ........................................................................................ ..............................3 2.10 Annexations /Detachments ............................................................. ............................... 5 Section 3.0 Establishment of Zoning Districts ............................................................. ............................... 6 3.1 Districts ........................................................................................... ............................... 6 3.2 Compliance ..................................................................................... ............................... 6 Section 4.0 Floodway District 4.1 Permitted Uses ................................................................................. ..............................7 4.2 Standards for Floodway Permitted Uses ....................................... ............................... 7 4.3 Conditional Uses ............................................................................. ............................... 7 4.4 Standards for Floodway Conditional Uses ...................................... ............................... 8 Section 5.0 Flood Fringe District ................................................................................... ..............................9 5.1 Permitted Uses ................................................................................. ..............................9 5.2 Standards for Flood Fringe Permitted Uses .................................... ............................... 9 5.3 Conditional Uses ........................................................................... ............................... 10 5.4 Standards for Flood Fringe Conditional Uses ................................ ............................... 11 Section 6.0 General Floodplain District ..................................................................... ............................... 12 6.1 Permitted Uses .............................................................................. ............................... 12 6.2 Procedures for Floodway and Flood Fringe Determinations ........ ............................... 12 Section 7.0 Land Development Standards ................................................................. ............................... 13 7.1 In General ...................................................................................... ............................... 13 7.2 Subdivisions .................................................................................. ............................... 13 7.3 Building Sites ................................................................................. ............................... 14 Section 8.0 Public Utilities, Railroads, Roads, and Bridges ........................................ ............................... 14 *Draft Hutchinson Floodplain Ordinance 8.1 Public Utilities ............................................................................... ............................... 14 8.2 Public Transportation Facilities ..................................................... ............................... 14 8.3 On -site Water Supply and Sewage Treatment Systems ............... ............................... 15 Section 9.0 Manufactured Homes, Manufactured Home Parks and Recreational Vehicles .................... 15 9.1 Manufactured Home Parks ........................................................... ............................... 15 9.2 Placement of Manufactured Homes ............................................. ............................... 15 9.3 Recreational Vehicles .................................................................... ............................... 15 Section 10.0 Administration .......................................................................................... .............................17 10.1 Zoning Administrator .................................................................... ............................... 17 10.2 Permit Requirements .................................................................... ............................... 17 10.3 Variances ......................................................................................... .............................18 10.4 Conditional Uses ........................................................................... ............................... 20 Section 11.0 Nonconformities ....................................................................................... .............................21 11.1 Continuance of Nonconformities .................................................. ............................... 21 Section 12.0 Penalties and Enforcement ..................................................................... ............................... 22 12.1 Violation Constitutes a Misdemeanor .......................................... ............................... 22 12.2 Other Lawful Action ...................................................................... ............................... 22 12.3 Enforcement ................................................................................. ............................... 22 Section13.0 Amendments .......................................................................................... ............................... 22 13.1 Floodplain Designation — Restrictions on Removal ...................... ............................... 22 13.2 Amendments Require DNR Approval ........................................... ............................... 22 13.3 Map Revisions Require Ordinance Amendments ......................... ............................... 22 *Draft Hutchinson Floodplain Ordinance §154.085 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 1.1 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Hutchinson, Minnesota does ordain as follows: 1.2 Purpose: 1.21 This ordinance regulates development in the flood hazard areas of Hutchinson, Minnesota. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions. 1.22 National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. 1.23 This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. SECTION 2.0 GENERAL PROVISIONS 2.1 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to the City of Hutchinson and includes three floodplain districts: Floodway, Floodway Fringe, and General Floodplain. 2.11 Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Sections 4 or 5 will apply, depending on the location of a property. 2.12 Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Section 4 apply unless the floodway boundary is determined, according to the process outlined in Section 6. Once the floodway boundary is determined, the Flood Fringe District standards in Section 5 may apply outside the floodway. 2.2 Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of Hutchinson shown on the Official Zoning Map and /or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. 2.21 The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply. 2.3 Incorporation of Maps by Reference: The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for McLeod County, Minnesota, and Incorporated Areas, dated July 7, 2014 and the Flood Insurance Rate Map panels for May 2014 *Draft Hutchinson Floodplain Ordinance McLeod County enumerated below, dated July 7, 2014, all prepared by the Federal Emergency Management Agency. These materials are on file in the Plannina Department at Hutchinson Citv Cen ter. Panel Numbers 27085CO017E 27085CO018E 27085CO019E 27085CO038E 27085CO050E 27085CO106E 27085CO125E 27085CO126E 27085CO150E 2.4 Regulatory Flood Protection Elevation: The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. 2.5 Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. 2.51 Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. 2.52 Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and City Council and to submit technical evidence. 2.6 Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 2.7 Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of the City of Hutchinson or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 2.8 Severability: If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force. 2.9 Definitions: Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application. 2.911 Accessory Use or Structure — a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. May 2014 *Draft Hutchinson Floodplain Ordinance 2.912 Base Flood Elevation —The elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey. 2.913 Basement — any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 2.914 Conditional Use — a specific type of structure or land use listed in the official control that may be allowed but only after an in -depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (a) Certain conditions as detailed in the zoning ordinance exist. (b) The structure and /or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. 2.915 Development — any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. 2.916 Equal Degree of Encroachment — a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. 2.917 Farm Fence — A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a) -(d). An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance. 2.918 Flood — a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. 2.919 Flood Frequency — the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. 2.920 Flood Fringe —that portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for McLeod County, Minnesota 2.921 Flood Prone Area — any land susceptible to being inundated by water from any source (see "Flood "). 2.922 Floodplain —the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. 2.923 Floodproofing — a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 2.924 Floodway —the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. 2.925 Lowest Floor —the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor. May 2014 *Draft Hutchinson Floodplain Ordinance 2.926 Manufactured Home — a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." 2.927 Obstruction — any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. 2.928 Principal Use or Structure — all uses or structures that are not accessory uses or structures. 2.929 One Hundred Year Floodplain — lands inundated by the "Regional Flood" (see definition). 2.930 Reach — a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man -made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 2.931 Recreational Vehicle — a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self - propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this ordinance, the term recreational vehicle is synonymous with the term "travel trailer /travel vehicle." 2.932 Regional Flood — a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. 2.933 Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. 2.934 Repetitive Loss — Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. 2.935 Special Flood Hazard Area — a term used for flood insurance purposes synonymous with "One Hundred Year Floodplain." 2.936 Structure - anything constructed or erected on the ground or attached to the ground or on- site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 9.31 of this ordinance and other similar items. 2.937 Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 2.938 Substantial Improvement - within any consecutive 365 -day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This May 2014 4 *Draft Hutchinson Floodplain Ordinance term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of this ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1. 2.10. Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 2.3 above may include floodplain areas that lie outside of the corporate boundaries of the City of Hutchinson at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation. SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 3.1 Districts: 3.11 Floodway District. The Floodway District includes those areas designated as floodway on the Flood Insurance Rate Map adopted in Section 2.3. For lakes, wetlands and other basins, the Floodway District includes those areas designated as Zone AE (that do not have a floodway designated) on the Flood Insurance Rate Map panels adopted in Section 2.3 that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 3.12 Flood Fringe District. The Flood Fringe District includes those areas designated as floodway fringe on the Flood Insurance Rate Map adopted in Section 2.3, as being within Zone AE but being located outside of the floodway. For lakes, wetlands and other basins (that do not have a floodway designated), the Flood Fringe District includes those areas designated as Zone AE on the Flood Insurance Rate Map panels adopted in Section 2.3 that are below the 1% annual chance (100 -year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 3.13 General Floodplain District. The General Floodplain District includes those areas designated as Zone A or Zones AE without a floodway on the Flood Insurance Rate Map panels adopted in Section 2.3, but not subject to the criteria in 3.11 and 3.12 above. 3.2 Compliance: Within the floodplain districts established in this ordinance, the use of any land, the use, size, type and location of structures on lots, the installation and maintenance of transportation, utility, water supply and waste treatment facilities, and the subdivision of land must comply with the terms of this ordinance and other applicable regulations. All uses not listed as permitted uses or conditional uses in Sections 4.0, 5.0 and 6.0, respectively, are prohibited. In addition, a caution is provided here that: 3.21 New and replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this ordinance and specifically Section 9.0. May 2014 *Draft Hutchinson Floodplain Ordinance 3.22 Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this ordinance and specifically Section 11.0. 3.23 As -built elevations for elevated or floodproofed structures must be certified by ground surveys and flood - proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this ordinance and specifically as stated in Section 10.0 of this ordinance. SECTION 4.0 FLOODWAY DISTRICT (FW) 4.1 Permitted Uses: The following uses, subject to the standards set forth in Section 4.2, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: 4.11 General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 4.12 Industrial - commercial loading areas, parking areas, and airport landing strips. 4.13 Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. 4.14 Residential lawns, gardens, parking areas, and play areas. 4.15 Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit, and that the standards in Sections 4.41, 4.43(a) and 4.46 of this ordinance are met. 4.2 Standards for Floodway Permitted Uses: 4.21 The use must have a low flood damage potential. 4.22 With the exception of the uses listed in Section 4.15, the use must not obstruct flood flows or increase flood elevations and must not involve structures, fill, obstructions, excavations or storage of materials or equipment. 4.23 Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 4.3 Conditional Uses: The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 10.4 of this ordinance and further subject to the standards set forth in Section 4.4, if otherwise allowed in the underlying zoning district or any applicable overlay district. 4.31 Structures accessory to the uses listed in 4.1 above and the uses listed in 4.32 - 4.37 below. 4.32 Extraction and storage of sand, gravel, and other materials. 4.33 Marinas, boat rentals, docks, piers, wharves, and water control structures. 4.34 Storage yards for equipment, machinery, or materials. 4.35 Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in section 2.917, are permitted uses. May 2014 *Draft Hutchinson Floodplain Ordinance 4.36 Travel -ready recreational vehicles meeting the exception standards in Section 9.3. 4.37 Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10 -year frequency flood event. 4.4 Standards for Floodway Conditional Uses: 4.41 All Uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. 4.42 Fill; Storage of Materials and Equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long -term site development plan. (c) Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. 4.43 Accessory Structures: (a) Accessory structures must not be designed for human habitation. (b) Accessory structures, if permitted, must be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters: (1) Whenever possible, structures must be constructed with the longitudinal axis parallel to the direction of flood flow; and (2) So far as practicable, structures must be placed approximately on the same flood flow lines as those of adjoining structures. (c) Accessory structures must be elevated on fill or structurally dry floodproofed in accordance with the FP -1 or FP -2 floodproofing classifications in the State Building Code. All floodproofed accessory structures must meet the following additional standards: (1) The structure must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls; and (2) Any mechanical and utility equipment in the structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed. (d) As an alternative, an accessory structure may be internally /wet floodproofed to the FP -3 or FP -4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. A detached garage may only be used for parking of vehicles and limited storage. All structures must meet the following standards: (1) To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and May 2014 7 *Draft Hutchinson Floodplain Ordinance (2) There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 4.44 Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245. 4.45 A levee, dike or floodway constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. 4.46 Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. SECTION 5.0 FLOOD FRINGE DISTRICT (FF) 5.1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Sections 5.2. If no pre- existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance. 5.2 Standards for Flood Fringe Permitted Uses: 5.21 All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. (a) As an alternative to elevation on fill, an accessory structure that constitutes a minimal investment and that does not exceed 576 square feet in size may be internally floodproofed in accordance with Section 4.43. 5.22 The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Section 5.21 of this ordinance, or if allowed as a conditional use under Section 5.33 below. 5.23 The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. 5.24 The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 5.25 Fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. 5.26 All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the City Council. 5.27 Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) May 2014 8 *Draft Hutchinson Floodplain Ordinance multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 5.28 Interference with normal manufacturing /industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. 5.29 Flood fringe developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. 5.30 Manufactured homes and recreational vehicles must meet the standards of Section 9 of this ordinance. 5.3 Conditional Uses: The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Section 10.4 of this ordinance. Conditional uses must meet the standards in Sections 5.24 through 5.30 and Section 5.4. 5.31 Any structure that is not elevated on fill or floodproofed in accordance with Section 5.21 of this ordinance. 5.32 Storage of any material or equipment below the regulatory flood protection elevation. 5.33 The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 5.21 of this ordinance. 5.4 Standards for Flood Fringe Conditional Uses: 5.41 The standards listed in Sections 5.24 through 5.30 apply to all conditional uses. 5.42 Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above - grade, enclosed areas such as crawl spaces or tuck -under garages. The base or floor of an enclosed area is considered above -grade and not a structure's basement or lowest floor if: 1) the enclosed area is above -grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. These alternative elevation methods are subject to the following additional standards: (a) Design and Certification -The structure's design and as -built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment, including ductwork, and other service facilities are placed at or above the regulatory flood protection elevation or are designed to prevent flood water from entering or accumulating within these components during times of flooding. (b) Specific Standards for Above - grade, Enclosed Areas - Above - grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood. The design plans must stipulate: (1) A minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There must be a minimum of two openings on at least two sides of the structure and the bottom of all openings must be a maximum of one foot May 2014 *Draft Hutchinson Floodplain Ordinance above grade. The automatic openings must have a net area of at least one square inch for every square foot of enclosed area subject to flooding, unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters without any form of human intervention; and (2) That the enclosed area will be designed of flood resistant materials in accordance with the FP -3 or FP -4 classifications in the State Building Code and will be used solely for building access, parking of vehicles, or storage. 5.43 Basements, as defined by Section 2.913 of this ordinance, are subject to the following: (a) Residential basement construction is not allowed below the regulatory flood protection elevation. (b) Non - residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Section 5.44 of this ordinance. 5.44 All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP -1 or FP -2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures wet floodproofed to the FP -3 or FP -4 classification are not permitted. 5.45 The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion /sedimentation control plan. (a) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. (b) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council. (c) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. 5.46 Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. SECTION 6.0 GENERAL FLOODPLAIN DISTRICT (GF) 6.1 Permitted Uses: 6.11 The uses listed in Section 4.1 of this ordinance, Floodway District Permitted Uses, are permitted uses. 6.12 All other uses are subject to the floodway /flood fringe evaluation criteria specified in Section 6.2 below. Section 4.0 applies if the proposed use is determined to be in the Floodway May 2014 10 *Draft Hutchinson Floodplain Ordinance District. Section 5.0 applies if the proposed use is determined to be in the Flood Fringe District. 6.2 Procedures for Floodway and Flood Fringe Determinations: 6.21 Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. 6.22 If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in 6.23 below. 6.23 The determination of floodway and flood fringe must include the following components, as applicable: (a) Estimate the peak discharge of the regional (1% chance) flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one -half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. 6.23 The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and /or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application. 6.24 Once the Floodway and Flood Fringe District Boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of Section 4.0 and 5.0 of this ordinance. SECTION 7.0 LAND DEVELOPMENT STANDARDS 7.1 In General: Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of Hutchinson. 7.2 Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance. 7.21 All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. 7.22 All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two (2) feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City Council. The plan must be prepared May 2014 11 *Draft Hutchinson Floodplain Ordinance by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. 7.23 For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. 7.24 In the General Floodplain District, applicants must provide the information required in Section 6.2 of this ordinance to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. 7.25 If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that: (a) All such proposals are consistent with the need to minimize flood damage within the flood prone area, (b) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (c) Adequate drainage is provided to reduce exposure of flood hazard. 7.3 Building Sites: If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: (a) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, (b) Constructed with materials and utility equipment resistant to flood damage, (c) Constructed by methods and practices that minimize flood damage, and (d) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding. SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 8.1 Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation. 8.2 Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain must comply with Sections 4.0 and 5.0 of this ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads maybe constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 8.3 On -site Water Supply and Sewage Treatment Systems: Where public utilities are not provided: 1) On -site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement on -site sewage treatment systems must be designed May 2014 12 *Draft Hutchinson Floodplain Ordinance to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they must not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on -site sewage treatment systems is considered to be in compliance with this Section. SECTION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES. 9.1 Manufactured Homes: New manufactured home parks, expansions to existing manufactured home parks, and new or replacement manufactured home units on lots of record are prohibited in the Floodway District. If allowed in the Flood Fringe District, these uses are subject to the requirements of Section 5 of this ordinance and the following standards. 9.2 Placement of Manufactured Homes: New and replacement manufactured homes in the Flood Fringe District must comply with the following standards: 9.21 New and replacement manufactured homes must be elevated in compliance with Section 5 of this ordinance and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over - the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. 9.22 New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Section 7.22. 9.3 Recreational Vehicles: Placement of recreational vehicles in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this ordinance. 9.31 Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the following areas and meet the criteria listed in Section 9.32: (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium -type associations. 9.32 Criteria for Exempt Recreational Vehicles: (a) The vehicle must have a current license required for highway use. (b) The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. (c) No permanent structural type additions may be attached to the vehicle. (d) The vehicle and associated use must be permissible in any pre- existing, underlying zoning district. (e) Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood- resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in Section 9.22. May 2014 13 *Draft Hutchinson Floodplain Ordinance (f) An accessory structure must constitute a minimal investment 9.33 Recreational vehicles that are exempt in Section 9.32 lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofing requirements of Section 5.0 of this ordinance. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur. 9.34 New commercial recreational vehicle parks or campgrounds, subdivisions or condominium associations, and the expansion of any similar existing use exceeding five (5) units or dwelling sites may be allowed subject to the following: (a) On any new or replacement recreational vehicle site in the Flood Fringe District, the recreational vehicle and its contents must be placed on fill at or above the regulatory flood protection elevation and adequate road access to the site must be provided in accordance with Section 7.22 of this ordinance. (b) Any new or replacement recreational vehicle site located in the Floodway District or as an alternative to (a) above in the Flood Fringe District, may be allowed as a conditional use in accordance with the following provisions and the provisions of Section 10.4 of the ordinance. (1) The applicant must submit an emergency plan for the safe evacuation of all vehicles and people acceptable to the City Council as specified in Section 7.22. The plan must demonstrate that adequate time and personnel exist to carry out an evacuation, and that the exemption provisions of Section 9.31 of this ordinance will be met; and (2) All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 8.3 of this ordinance. (3) Any fill placed in the floodway to meet the requirements of this section must not increase the flood stage of the regional (1% chance) flood. SECTION 10.0 ADMINISTRATION 10.1 Zoning Administrator: A Zoning Administrator or other official designated by the City Council must administer and enforce this ordinance. 10.2 Permit Requirements: 10.21 Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: (a) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance. (b) The use or change of use of a building, structure, or land. (c) The construction of a dam, fence, or on -site septic system, although a permit is not required for a farm fence as defined in this ordinance. May 2014 14 *Draft Hutchinson Floodplain Ordinance (d) The change or extension of a nonconforming use. (e) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (f) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. (g) Relocation or alteration of a watercourse, unless a public waters work permit has been applied for. (h) Any other type of "development" as defined in this ordinance. 10.22 Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable: (a) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. (b) Location of fill or storage of materials in relation to the stream channel. (c) Copies of any required municipal, county, state or federal permits or approvals. (d) Other relevant information requested by the Zoning Administrator as necessary to property evaluate the permit application. 10.23 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. 10.24 Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be certified by a registered professional engineer or registered architect. 10.25 Record of First Floor Elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. 10.26 Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). 10.27 Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. May 2014 15 *Draft Hutchinson Floodplain Ordinance 10.3 Variances: 10.31 Variance Applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and Section 154.167 of the zoning ordinance. 10.32 Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. 10.33 Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (a) Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (b) Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 10.34 Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. 10.35 General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: (a) The potential danger to life and property due to increased flood heights or velocities caused by encroachments; (b) The danger that materials may be swept onto other lands or downstream to the injury of others; (c) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; (d) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; (e) The importance of the services to be provided by the proposed use to the community; (f) The requirements of the facility for a waterfront location; (g) The availability of viable alternative locations for the proposed use that are not subject to flooding; (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; May 2014 16 *Draft Hutchinson Floodplain Ordinance (i) The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area; (j) The safety of access to the property in times of flood for ordinary and emergency vehicles; (k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. 10.36 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.37 Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.38 Record - Keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. 10.4 Conditional Uses: 10.41 Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section 154.170 of the zoning ordinance. 10.42 Factors Used in Decision - Making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Section 10.35 of this ordinance. 10.43 Conditions Attached to Conditional Use Permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 10.44 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. May 2014 17 *Draft Hutchinson Floodplain Ordinance 10.45 Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. SECTION 11.0 NONCONFORMITIES 11.1 Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 2.938(b) of this ordinance, are subject to the provisions of Sections 11.11 — 11.15 of this ordinance. 11.11 A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its nonconformity. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. 11.12 Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP -1 thru FP -4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 11.13 and 11.17 below. 11.13 The cost of all structural alterations or additions to any nonconforming structure over the life of the structure may not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of the structure, then the structure must meet the standards of Section 4.0 or 5.0 of this ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. 11.14 If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. 11.15 If any nonconformity is substantially damaged, as defined in Section 2.937 of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Sections 4.0 or 5.0 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. 11.16 If any nonconforming use or structure experiences a repetitive loss, as defined in Section 2.934 of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. 11.17 Any substantial improvement, as defined in Section 2.938 of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Section 4.0 or 5.0 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. May 2014 18 *Draft Hutchinson Floodplain Ordinance SECTION 12.0 PENALTIES AND ENFORCEMENT 12.1 Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. 12.2 Other Lawful Action: Nothing in this ordinance restricts the City from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly. 12.3 Enforcement: Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section(s) 154.098 of the zoning ordinance. In responding to a suspected Ordinance violation, the Zoning Administrator and City Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after - the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. SECTION 13.0 AMENDMENTS 13.1 Floodplain Designation — Restrictions on Removal: The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. 13.2 Amendments Require DNR Approval: All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. 13.3 Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Section 2.3 of this ordinance. May 2014 19 *Draft Hutchinson Floodplain Ordinance EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law and /or charter. Adopted by the City Council (City of Hutchinson) This of (Day) (Month) (Year) Attest: Steven W. Cook Attest: Marc Sebora Stamp With Community Seal: May 2014 20 , Mayor , City Administrator TITLE AND SUMMARY OF ORDINANCE NO. 14 -0729 The following Ordinance is hereby published by title and summary: Title of Ordinance: Revised Flood Plain Ordinance An Ordinance Amending Chapter 154 (Zoning) of the City of Hutchinson Code of Ordinances Replacing Language in Sections 154.085 — 154.099; Flood Plain Management within the City of Hutchinson, Minnesota 2. Summary of Ordinance: This ordinance amends, Chapter 154, Section 154.085 — 154.099, of the Hutchinson City Code, which section regulates land usage in floodplain districts within the City of Hutchinson, MN. This Chapter applies in the City of Hutchinson, Minnesota. Except as otherwise provided herein, the City Planner shall administer, implement, and enforce the provisions of this Chapter. This Ordinance shall take effect upon publication in accordance with the Hutchinson City Charter. Availability of Ordinance: A complete, printed copy of this Ordinance is available for inspection by any person during regular business hours in the office of the City Clerk, This Ordinance was passed by the City Council of the City of Hutchinson on the 10th day of June, 2014. ATTEST: Marc Sebora, City Administrator Steve Cook, Mayor Publication No. 8053 Date of Publication: May 7, 2014 HUTCHINSON CITY COUNCIL city -f 0, "J N Request for Board Action 79 M-W Agenda Item: Consideration of Appointment of Andy Reid to Interim Finance Director Department: Administration LICENSE SECTION Meeting Date: 5/27/2014 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: Marc Sebora Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: No BACKGROUND /EXPLANATION OF AGENDA ITEM: Previous City Administrator Jeremy Carter held the joint positions of City Administrator and Finance Director. Per Mr. Carter's resignation from employment with the City that was effective 5/23/2014, the City Council appointed Marc Sebora, City Attorney, as Interim City Administrator. It is recommended that the Finance Director duties of the joint position be temporarily assigned to a designated City employee. Administration is recommending that Andy Reid, current City Controller, be named the Interim Finance Director, immediately, to assume these duties. With the assignment of the additional duties, Administration is also recommending the the City Council authorize additional compensate for Mr. Reid in the amount of $400.00 /month for the duration of the interim assignment. BOARD ACTION REQUESTED: Appointment of Controller Andy Reid to the position of Interim Finance Director and implementation of $400 /month interim pay, both effective May 27, 2014 Fiscal Impact: $ 1,600.00 Funding Source: General Fund Budget FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: f RA Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, April 15, 2014, 7:00 AM Minutes 1. CALL TO ORDER: Chairman LaVonne Hansen called the meeting to order. Members Present: Gary Fortier, LouAnn Holmquist, and Joel Kraft. Staff Present: Jean Ward and Judy Flemming. 2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON MARCH 18, 2014 LouAnn Holmquist moved to approve the Minutes of the regular board meeting as written. Joel Kraft seconded and the motion carried unanimously. 3. FINANCIAL REPORTS • Joel Kraft moved to approve the City Center General Fund payments of $28,140.28 for checks 8420 to 8438, and the City Center March 31, 2014 financial reports. LouAnn Holmquist seconded and the motion carried unanimously. • LouAnn Holmquist moved to approve the Park Towers operating account payments of $61,876.43 for checks 12759 to 12797. Joel Kraft seconded and the motion carried unanimously. • Joel Kraft moved to approve the Park Towers security account payments of $668.28 for checks 1507. LouAnn Holmquist seconded and the motion carried unanimously. • Joel Kraft moved to approve the February 2014 Park Towers Financial Statements. LouAnn Holmquist seconded and the motion carried unanimously. 4. PARK TOWERS UPDATE a. Jean reviewed with the Board the Occupancy Summary Report as of April 15, 2014: 1 vacancy. b. Jean reviewed with the Board the HRA Insurance Register. c. Joel Kraft moved to approve Resolution 2014 -3 Approving Acceptance of $96,177 in 2014 Capital Fund Program Funding. Gary Forcier seconded and the motion carried unanimously. d. LouAnn Holmquist moved to set a Public Hearing for June 17, 201.4 at 7:30 A.M. for the 2014 CFP Annual Plan Form 50075.1 and 2014 CFP Five year Plan Form 50075.2. Joel Kraft seconded and the motion carried unanimously. 5. SCHOOL CONSTRUCTION PROGRAM - 907 LEWIS AVE a. Budget has been revised. The painting is done and the cabinets have been delivered. b. Gary Forcier moved to list 907 Lewis Avenue as of May 1, 2014 for $154,900 and to accept the listing proposal from Cheryl Dooley of Hometown Realty. Joel Kraft seconded and the notion carried unanimously. 6. SCDP PROGRAM a. LouAnn Holmquist moved to approve SCDP Rehab Loans 8684 -11, Kern contingent to Loan Review Committee's approval. Joel Kraft seconded and the motion carried unanimously. 7. Downtown Rental Rehab Jean Ward reviewed with the Board the proposed target area. April 15, 2014 Minutes Page] oft 8. COMMUNICATIONS a. A Brush with Kindness Information from Crow River Habitat for Humanity b. Hutchinson Foreclosure Sales c. Still working a house plan to fit on 445 Adams Street SE so that we can keep the 3 -stall garage. d. Another possible demolition project could be 25 Jefferson Street SE when it becomes available at the tax forfeiture sale. e. Hot topics at the Multifamily Housing, "Working Together" Conference: • Fair Housing, reasonable accommodations — service animals • Bed bug litigation 9. ADJOURNMENT LouAnn Holmquist moved to adjourn and Joel Kraft seconded. There being no other business, Chairman LaVonne Hansen declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director Gary Forcier, Secretary /Treasurer April 15, 2014 Minutes Page 2 of 2 MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, April 15, 2014 5:30 p.m. 1. CALL TO ORDER 5:30 P.M. Chair Christie Hantge called the meeting to order at 5:30 p.m. Members present: Jim Fahey, Bill Arndt, Dean Kirchoff, Raymond Norton and Dave Johnston. Also present was Dan Jochum, Planning Director. 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA A. CONSIDERATION OF MINUTES DATED March 18, 2014 Motion by Norton, second by Fahey, to approve the minutes as presented. Motion carried unanimously. 4. PUBLIC HEARINGS A. CONSIDERATION OF SITE PLAN REVIEW FOR PRINCE OF PEACE SENIOR APARTMENTS FOR 20 UNIT EXPANSION LOCATED AT 301 GLEN ST SW(306, 316, 326 FRANKLIN ST SW) Commissioner Norton read the public hearing statement noting the guidelines to be followed during the public hearing. Dan Jochum, Planning Director, presented before the Commission. Mr. Jochum clarified that this is a site plan review and not a public hearing item. This site plan review is for a 20 unit expansion located at 301 Glen Street SW, as well as 306, 316 and 326 Franklin Street SW. The required setbacks for this use are 35 feet, however the rear setbacks on the site plan appear to be only 30 feet. The applicant will need to decide whether to modify the site plan or apply for a variance prior to construction. Parking/Access /Circulation will be met. The 20 unit expansion will be added on to the east of the existing building and the expansion will look very similar to the existing building. The addition will be two stories. There is a bioretention swale located around the perimeter of the new addition to handle stormwater runoff Staff will work with the applicant to determine the best approach regarding retention swales /ponding onsite. 18 conditions are noted on the site plan request. Commissioner Norton asked how condition 11 and 15 differentiate with the owner /developer language. Jochum noted that the owner /developer is considered one and the same. Lofdahl commented on the storm sewer. Hantge noted that the primary entrance to the building will remain off of Glen Street. The swale is estimated at a depth of four feet. Hantge asked if there is a future potential Agenda Hutchinson Planning Commission April 15, 2014 Page 2 addition to the north. Jochum did not have knowledge of that but was under the impression that the applicant would like to retain green space. Arndt asked about underground tanking instead of the swale. The alley off of 3rd Avenue would convert into green space completely. The alley would be vacating the public right -of -way and would essentially become a private roadway. Jochum noted that an item would be added to Condition 6, which will state that a shared parking and access agreement between Prince of Peace and Peace Lutheran Church will need to be entered into and record in order for Prince of Peace to utilize the parking lot on the southeastern portion of the lot and access to the rear of the complex. Motion by Norton, second by Arndt, to approve site plan with the revisions recommended to Condition No. 6. Motion carried unanimously. B. CONSIDERATION OF A RIGHT OF WAY PLAT OF OUTLOT A, FAIRWAY ESTATES 3" ADDIDTION Chair Hantge opened the public hearing at 5:50 p.m. Mr. Jochum distributed a memo that he had received from City Engineer, Kent Exner, in reference to the proposed Fairway Estates Third Addition Plat. The cul- de -sac at issue is in fact a private street as it was originally developed. The new owner of the development, the applicant, is proposing to make the street public by platting the area. The reason for the private street at the time of original development was due to the developer wanting different driveway arrangements that were not allowed with public plats. The driveways in the cul -de -sac area have been redesigned by staff with the proposal of the right of way plat. This design will meet city standards and staff is willing to take it on as a public street. Arndt mentioned the issue of snow being placed on property owner's lots in the cul -de -sac area. Anywhere there is not a driveway technically allows for snow to be placed by city staff. It was suggested that perhaps the developer be obligated to inform property owners and buyers that snow removal may be placed on lots. Jochum reminded the Commission that there is no obligation of the City to take this on as a public street. Arndt questioned whether there will be any plantings on the north and west side. Gus Wurdell, applicant, presented before the Council. Mr. Wurdell noted that no berm or windrow was part of the stormwater retention plan. Today an amendment was submitted to construct a berm along Lots 5, 6 and 7 as well as 80 10 foot evergreen trees. Motion by Lofdahl, second by Arndt, to close public hearing at 6:08 p.m. Motion carried unanimously. It was suggested that perhaps a Condition 5 be added requiring the developer to notify future homeowners of snow removal issues. The consensus of the Planning Agenda Hutchinson Planning Commission April 15, 2014 Page 3 Commission was that in the end it would be too difficult to notify homeowner to homeowner as properties changed ownership. Motion by Kirchoff, second by Lofdahl, to approve right of way plat with conditions 1 -4. Motion carried unanimously. C. CONSIDERATION OF A LOT SPLIT AT 905 GOLF COURSE RD NW Chair Hantge opened the public hearing at 6:11 p.m. Dan Jochum presented before the Commission. Mr. Jochum explained that the applicant is Hutchinson Baptist Church. The applicant is requesting to split the south west 1.86 acres from 905 Golf Course Road NW. The total lot area is 5.77 acres. The remaining lot split will be approximately 3.91 acres in size. A six foot utility and drainage easement must be added along both sides of the new property line that is created by the lot split. There are seven conditions included with the lot split, one being that a cross access will be required to ensure access to each parcel and public and private easements are required to ensure water and sanitary sewer can be provided to the existing building site. Additional driveway accesses are not desirable to the city. It was noted that a golf hole from a previous driving range is included on one of the lots and the understanding is that an easement arrangement is in place. Motion by Arndt, second by Fahey, to close public hearing at 6:20 p.m. Motion carried unanimously. Motion by Lofdahl, second by Norton, to approve lot split with conditions 1 -7. Fahey commented on the wording of condition 6 — cross access. Fahey suggested that the cross access language be a defined easement. Motion by Lofdahl, second by Norton, to amend motion to include language in condition 6 to include "defined easement ". Motion carried unanimously. D. CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT A BUILDING FOR DISABLED AMERICAN VETERANS OPERATIONS AT 167 AND 177 3 RD AVE NW Chair Hantge opened the public hearing at 6:22 p.m. Dan Jochum presented before the Council. Mr. Jochum noted that the Disabled American Veterans is requesting a conditional use permit to construct a building for their operations at 167 and 177 3rd Avenue NW which is located in the C -5 zoning district. Since there are no permitted uses in the C -5 district, this use requires a conditional use permit. The building will include a warehouse area, as well as a small office, and will be used to operate a business that assists disabled veterans with transportation, clothing, other goods and similar services. Eight conditions have been recommended to be placed on the conditional use permit. Agenda Hutchinson Planning Commission April 15, 2014 Page 4 The proposed structure is similar in style as to what was on the lot previously, which was a site for RiteWay Builders, which burned down a few years ago. Mr. Jochum reviewed the design guidelines in the river overlay district. The Commission discussed the types of structures that should be in the river overlay district. It was suggested that perhaps the proposed structure could be "dressed up" to meet the standards better of the river overlay district which requires "durable attractive material ". Norton asked that the applicant be notified of the Planning Commission's concerns and see if perhaps a higher -level design could be brought forward to meet the intentions of the river overlay district. Arndt raised concerns with the Gateway District and the lack of development. He raised concerns of requiring too much from applicants and hampering development. Motion by Norton, second by Johnston, to continue the public hearing to May 20, 2014. Motion carried unanimously. Motion by Norton, second by Arndt, to table this item. Motion carried unanimously. E. CONSIDERATION OF A LOT SPLIT AT 1105 BENJAMIN AVE SE IN ENERGY PARK Chair Hantge opened the public hearing at 6:47 p.m. Dan Jochum presented before the Commission. Mr. Jochum explained that the Hutchinson EDA is requesting a lot split to split the south four acres from Lot 1, Block 2, Energy Park North Second Addition. The total lot area is 7.5 acres and the remaining lot will be approximately 3.5 acres in size. A six foot utility and drainage easement must be added along both sides of the new property line that is created by the lot split. Jochum asked that an additional condition be placed on the lot split noting that the developer will be required to pay for water and sanitary sewer services. Motion by Lofdahl, second by Fahey, to close public hearing at 6:50 p.m. Motion carried unanimously. Motion by Lofdahl, second by Kirchoff, to approve lot split with condition no. 6 added. Motion carried unanimously. 5. NEW BUSINESS 6. OLD BUSINESS Agenda Hutchinson Planning Commission April 15, 2014 Page 5 7. COMMUNICATION FROM STAFF A. Upcoming Meetings Dan Jochum noted that the Disabled American Veterans item will be on the next agenda, along with the Prince of Peace project and potentially the MidCountry Bank project. 8. ADJOURNMENT Motion by Kirchoff, second by Lofdahl, to adjourn at 6:53 p.m. Motion carried unanimously. Planning and Zoning Monthly Activities Activity Number of Planning Applications Reviewed and Processed Number of Joint Planning Board Applications Reviewed and Processed Number of Planning Commission Meetings Number of Joint Planning Meetings Number of Zoning Reviews for Building Permits (Compliance with Zoning Code) Number of Land Use Permits Issued -(Fences, small sheds, patios, driveways, detached decks, etc.) Number of Zoning Review for Sign Permits Number of Predevelopment/Pre Application Meetings Number of Misc. Planning Meetings Number of Zoning Enforcement Cases Number of Walk -In Customers Served Site Visits MonthNear: April, 2014 Number Additional Info. 3 Conditional Use Permit at 177 & 167 3 d Ave NW (Disabled American Veterans) 2nd Review, Conditional Use Permit at Lots 1 & 8, Block 1, Fairway Estates 3 d Addition, Adoption of the Revised Flood Pain Ordinance 1 Jay Malone - Sioux Hills Rd Variance Site Plan for Prince of Peace Senior Apartments, Right of Way Plant for Fairway Estates Third Addition Outlot A, Lot Split at 905 Golf Course Rd, Conditional Use Permit at 177 & 167 3 d Ave NW (Disabled American Veterans), Lot Split at 1105 Benjamin Ave SE Feedlot Discussion 7 11 D 2 Mid Country Bank 19 Management Team - 4 Public Arts Commission Resource Allocation City Council - 2 Planning Staff Riverfront Gateway Committee Gateway Cost Flood Pain Training Ridgewater Assessment Building Dept. Interviews Fire Chief Interviews Mid Country Law Enforcement Park Detachment Matter PBZ Discussion 3 321 6 Planning, Zoning and Building Dept. Monthly Report April 2014 Building Department Permit Activities Total Number Inspections % of Inspections done within 24 HRS Total Number Plan Review % of Plan Reviews completed in 21 Days Building Permits Issued by Type Commercial (new) Commercial ( additions /remodels) Total Commercial Industrial (new) Industrial (additions /remodels) Total Industrial Fire Sprinkling New Residential Residential misc (additions /remodels) Set Fee permits (reside, reroof, window) HRA Permits Waived Fees 04/2013 95 100.0% 21 100% Number of Permits & Valuation 0 $0.00 8 $47,100.00 8 $47,100.00 0 0 0 $0.00 1 $0.00 1 $188,000.00 16 $61,900.00 37 0 $0.00 Subtotal Building Permits 63 $297,000.00 Mechanical 11 $50,000.00 HRA Mechanical 0 Plumbing 6 HRA Plumbing 0 Signs 9 $91.00 Total Valuation 89 $347,091.00 *Set fees not included in valuation 04/2014 198 100% 13 100% Number of Permits & Valuation 0 6 6 0 0 0 0 0 8 30 0 0 44 17 0 4 0 8 73 $43,700.00 A $43,700.00 $0.00 $0.00 $49,666.00 $0.00 $93,366.00 $3,000.00 $96,366.00 2013 Year to Date 642 99.54% 50 100% Year to Date Number Permits & Valuation 1 $38,400.00 21 $371,202.00 22 $409,602.00 0 2 1 39 62 0 126 51 2 17 1 40 237 $0.00 $3,000.00 $188,000.00 $242,300.00 MR $842,902.00 $142,023.00 $555.00 $985,480.00 2014 Year to Date 667 100% 62 100% Year to Date Number Permits & Valuation 16 $161,700.00 16 $161,700.00 0 2 0 30 57 0 1 106 63 0 15 0 24 208 $0.00 $6,350.00 $696,206.00 $85,000.00 $949,256.00 $142,739.00 $1,091,995.00 Commercial New A Commercial Remodel 907 Dale St SW - reroof $20,000; 25 Adams St SE - finish bathrooms $10,000; 720 Hwy 7 W - addition $8,000 New Single Family Other Building Inspection Activities Dates Closed April 18th, Good Friday Evergreen Meals served in April Park Week of Hutchinson Towers Silver Lake Glencoe Brownton Stewart 4/1-4/5 190 91 37 114 39 45 4/6 -4/12 286 129 55 136 44 67 4/13 -4/19 236 112 114 210 90 81 4/20 -4/26 397 205 57 143 41 61 4/27 -4/30 130 73 28 89 25 29 Total 1239 610 291 692 239 283 Total Meals served in March 3354 Dates Closed April 18th, Good Friday REVENUES: Taxes Other Taxes Licenses & Permits Intergovernmental Revenue Charges for Services Fines & Forfeitures Miscellaneous Revenues Transfers -In Capital Contributions TOTAL REVENUES EXPENDITURES: Wages & Benefits Supplies Services & Charges Miscellaneous Expenses Transfers -Out Capital Outlay TOTAL EXPENDITURES TOTAL REVENUE OVER (UNDER) EXPENDITURES Comments REVENUES: EXPENSES: Summary Income Statement General Fund April 30, 2014 Month of April YTD Actual April 2014 Budget YTD Actual April 2014 2014 2014 Budget Balance % Used 2013 2013 Budget % Used - 136.39 4,491,446.00 (4,491,309.61) 0.0% - 4,491,446.00 0.0% 28,858.00 42,392.29 245,000.00 (202,607.71) 17.3% 31,774.74 140,000.00 22.7% 6,631.20 74,922.86 240,000.00 (165,077.14) 31.2% 68,039.42 222,775.00 30.5% 6,724.29 30,128.58 1,094,270.00 (1,064,141.42) 2.8% 42,262.95 1,099,265.00 3.8% 58,933.37 500,226.84 2,045,923.00 (1,545,696.16) 24.4% 555,869.33 2,056,731.00 27.0% 7,326.50 20,442.88 50,000.00 (29,557.12) 40.9% 19,249.68 45,000.00 42.8% 35,322.57 127,852.69 646,500.00 (518,647.31) 19.8% 114,314.95 325,625.00 35.1% 303,275.00 303,275.00 2,177,321.00 (1,874,046.00) 13.9% 333,063.04 2,108,846.00 15.8% - - 0.0% - 6,250.00 0.0% 447,070.93 1,099,377.53 10,990,460.00 (9,891,082.47) 10.0% 1,164,574.11 10,495,938.00 11.1% 507,767.38 2,060,191.69 7,316,969.00 5,256,777.31 28.2% 2,124,590.31 6,778,616.00 31.3% 69,276.73 256,959.19 781,887.00 524,927.81 32.9% 231,173.37 783,840.00 29.5% 150,808.37 641,444.65 2,262,536.00 1,621,091.35 28.4% 736,486.44 2,393,441.00 30.8% 35,915.67 102,619.65 533,068.00 430,448.35 19.3% 110,319.02 446,805.00 24.7% - 47,015.00 96,000.00 48,985.00 49.0% 46,618.00 93,236.00 50.0% - 444.60 - (444.60) 100.0% 211.61 - 100.0% 763,768.15 3,108,674.78 10,990,460.00 7,881,785.22 28.3% 3,249,398.75 10,495,938.00 31.0% (316,697.22) (2,009,297.25) - (2,009,297.25) (2,084,824.64) General Fund Expenditures by Department Department Month of April YTD Actual April 2014 Budget YTD Actual April 2014 2014 2014 Budget Balance % Used 2013 2013 Budget % Used Mayor & City Council 4,011.87 19,006.17 48,823.00 29,816.83 38.9% 12,826.26 52,016.00 24.7% City Administrator 32,667.19 138,282.69 412,884.00 274,601.31 33.5% 132,452.73 387,401.00 34.2% Elections 638.03 638.03 15,962.00 15,323.97 4.0% 601.68 10,000.00 6.0% Finance Department 20,424.59 73,518.76 340,329.00 266,810.24 21.6% 109,962.87 371,863.00 29.6% Motor Vehicle 18,858.28 88,325.21 288,345.00 200,019.79 30.6% 99,146.16 275,413.00 36.0% Assessing - - 60,963.00 60,963.00 0.0% - 61,911.00 0.0% Legal 16,461.43 67,217.08 256,142.00 188,924.92 26.2% 73,123.51 252,067.00 29.0% Planning 7,532.90 30,910.88 167,399.00 136,488.12 18.5% 47,194.96 123,210.00 38.3% Information Services 31,390.72 128,894.18 462,007.00 333,112.82 27.9% 186,530.56 499,332.00 37.4% City Hall Building 10,795.07 32,484.91 83,494.00 51,009.09 38.9% 35,398.71 121,096.00 29.2% Police Department 248,276.17 961,937.72 3,197,339.00 2,235,401.28 30.1% 934,109.56 2,889,291.00 32.3% Emergency Management 61.80 1,515.10 14,839.00 13,323.90 10.2% 7,201.10 13,000.00 55.4% Safety Committee 46.07 7,937.32 13,276.00 5,338.68 59.8% 7,936.89 13,450.00 59.0% Fire Department 29,249.40 87,189.29 315,762.00 228,572.71 27.6% 108,972.46 309,187.00 35.2% Protective Inspections 14,235.84 57,316.51 178,407.00 121,090.49 32.1% 61,574.82 208,350.00 29.6% Engineering 30,911.11 128,640.02 468,720.00 340,079.98 27.4% 167,672.34 465,756.00 36.0% Streets &Alleys 120,339.85 445,242.79 1,374,733.00 929,490.21 32.4% 390,925.11 1,369,738.00 28.5% Park/Recreation Administration 15,537.46 69,660.14 218,929.00 149,268.86 31.8% 76,781.07 213,127.00 36.0% Recreation 11,175.29 63,440.84 218,072.00 154,631.16 29.1% 67,159.60 217,610.00 30.9% Senior Citizen Center 4,869.58 24,204.71 68,620.00 44,415.29 35.3% 23,842.10 69,749.00 34.2% Civic Arena 25,693.03 134,836.68 352,492.00 217,655.32 38.3% 147,854.35 331,469.00 44.6% Park Department 44,724.98 187,517.66 794,003.00 606,485.34 23.6% 209,556.49 757,260.00 27.7% Recreation Building & Pool 18,758.63 48,168.03 190,756.00 142,587.97 25.3% 43,258.16 185,885.00 23.3% Events Center 20,188.20 69,835.03 251,675.00 181,839.97 27.7% 70,770.98 213,650.00 33.1% Evergreen Building 1,036.84 3,698.62 17,393.00 13,694.38 21.3% 6,199.17 11,880.00 52.2% Library 2,946.60 49,889.07 190,606.00 140,716.93 26.2% 50,238.79 190,937.00 26.3% Cemetery 7,788.48 24,504.79 107,072.00 82,567.21 22.9% 19,101.13 109,104.00 17.5% Airport 10,395.23 28,963.98 99,776.00 70,812.02 29.0% 27,743.50 99,700.00 27.8% Revenue Department - - - - 0.0% - - 0.0% Unallocated General Expense 14,753.51 134,898.57 781,642.00 646,743.43 17.3% 131,263.69 672,486.00 19.5% TOTAL EXPENDITURES 763,768.15 3,108,674.78 10,990,460.00 7,881,785.22 28.3% 3,249,398.75 10,495,938.00 31.0% Summary Income Statement Liquor Fund April 30, 2014 EXPENSES: Capital Outlay The capital outlay for April 2014 is a 50% downpayment on a new POS / cash register system. Our current POS system is deficient in several areas, most notably in PCI compliance. Processing credit and debit card transactions requires us to be PCI compliant, safeguarding credit card information. Month of YTD Actual 2014 Budget YTD Actual April 2014 April 2014 2014 Budget Balance % Used April 2013 2013 Budget % Used REVENUES: Sales - Liquor 140,069.86 546,316.20 1,811,000.00 (1,264,683.80) 30.2% 514,179.91 1,803,150.00 28.5% Sales - Wine 70,399.19 261,508.61 951,000.00 (689,491.39) 27.5% 265,172.88 898,430.00 29.5% Sales - Beer 208,194.00 721,896.14 2,631,000.00 (1,909,103.86) 27.4% 686,977.51 2,709,500.00 25.4% Sales - Other 3,181.00 6,835.54 2,000.00 4,835.54 341.8% 4,993.70 14,470.00 34.5% Other Revenues 115.42 958.52 3,000.00 (2,041.48) 32.0% 1,926.95 3,000.00 64.2% TOTAL REVENUES 421,959.47 1,537,515.01 5,398,000.00 (3,860,484.99) 28.5% 1,473,250.95 5,428,550.00 27.1% Gross Margin % 24.8% 25.1% 25.0% 24.7% 24.1% EXPENDITURES: Cost of Sales 317,063.23 1,150,891.79 4,045,650.00 2,894,758.21 28.4% 1,107,966.17 4,115,697.00 26.9% Wages & Benefits 40,977.13 166,177.05 502,400.00 336,222.95 33.1% 154,986.46 488,190.00 31.7% Supplies 4,041.59 7,190.17 15,600.00 8,409.83 46.1% 7,904.22 16,600.00 47.6% Services & Charges 11,976.09 48,184.89 186,264.00 138,079.11 25.9% 64,345.92 196,750.00 32.7% Miscellaneous Expenses - 257.00 5,000.00 4,743.00 5.1% 1,144.41 3,500.00 32.7% Depreciation Expense - - 73,600.00 73,600.00 0.0% - 70,940.00 0.0% Capital Outlay 11,740.00 19,523.00 27,000.00 7,477.00 72.3% 31,000.00 0.0% Debt Service - - 128,385.00 128,385.00 0.0% 128,295.00 0.0% Transfers -Out - 450,000.00 450,000.00 0.0% 435,000.00 0.0% TOTAL EXPENDITURES 385,798.04 1,392,223.90 5,433,899.00 4,041,675.10 25.6% 1,336,347.18 5,485,972.00 24.4% TOTAL REVENUE OVER (UNDER) EXPENDITURES 36,161.43 145,291.11 (35,899.00) 181,190.11 136,903.77 (57,422.00) Comments REVENUES: Sales Revenue: April 2014 was a strong selling month with an 8% increase in customer count which translated into a 12.4% increase in monthly sales. The YTD customer count is 2% higher than last year while YTD sales increased 4.4 %. Year to Date Sales Monthly Sales 2014 2013 Change 2014 2013 Change Liquor 546,316 514,180 6.3% 140,070 127,393 10.0% Wine 261,509 265,173 -1.4% 70,399 63,327 11.2% Beer 721,896 686,978 5.1% 208,194 183,057 13.7% Other 6,836 4,994 36.9% 3,181 1,644 93.5% Total Sales 1,536,556 1,471,324 4.4% 421,844 375,422 12.4% YTD Customer Count 65,386 64,080 2.0% 17,987 16,636 8.1% Average Sale per Customer $23.50 $22.96 2.3% $23.45 $22.57 3.9% EXPENSES: Capital Outlay The capital outlay for April 2014 is a 50% downpayment on a new POS / cash register system. Our current POS system is deficient in several areas, most notably in PCI compliance. Processing credit and debit card transactions requires us to be PCI compliant, safeguarding credit card information. Summary Income Statement Water Fund April 30, 2014 Comments REVENUES: Local Sales Tax The local sales tax and local excise tax is being split 50 -50 between the Water and Wastewater funds in 2014 based on the 12/31/2013 outstanding debt balances in each fund. The split in prior years was 42% to Water and 58% Wastewater. The YTD 2014 local sales tax revenue received is flat from last year but the Water fund is seeing an increase due to the higher allocation share. Water Sales YTD 2014 water consumption is up over 4% from last year due mostly to the increase in one specific Industrial user. That one industrial user's consumption is up 72% from last year while total industrial consumption is up 18 %. Residential consumption is showing a modest increase of 1.5% while Commercial is down 1 %. EXPENSES: Wages & Benefits The 2014 expense is lower than 2013 due to the retirement of the Water Systems Supervisor on 12/31/2013. Brian Mehr, the Wastewater Superintendent, is now overseeing the Water department as well and his wages and benefits are being split 50/50 between the Water & Wastewater funds. Month of YTD Actual 2014 Budget YTD Actual April 2014 April 2014 2014 Budget Balance % Used April 2013 2013 Budget % Used REVENUES: Local Sales Tax 59,268.49 109,749.06 650,000.00 (540,250.94) 16.9% 83,188.45 420,000.00 19.8% Water Sales 170,444.14 705,439.66 2,381,500.00 (1,676,060.34) 29.6% 687,057.68 2,347,500.00 29.3% Intergovernmental Revenue - - - 0.0% - - 0.0% Charges for Services 1,961.89 34,671.51 42,500.00 (7,828.49) 81.6% 37,361.79 41,000.00 91.1% Investment Earnings - - 20,000.00 (20,000.00) 0.0% (5,921.68) 20,000.00 - 29.6% Reimbursements 90.00 600.00 64,192.00 (63,592.00) 0.9% 1,410.78 64,148.00 2.2% Other Financing Sources - - - 0.0% - - 0.0% Fund Balance - - 0.0% - 0.0% TOTAL REVENUES 231,764.52 850,460.23 3,158,192.00 (2,307,731.77) 26.9% 803,097.02 2,892,648.00 27.8% EXPENDITURES: Wages & Benefits 28,513.92 115,939.82 458,104.00 342,164.18 25.3% 137,621.14 465,623.00 29.6% Supplies 5,850.16 23,252.39 124,250.00 100,997.61 18.7% 30,436.81 128,825.00 23.6% Services & Charges 48,019.35 118,655.98 409,618.00 290,962.02 29.0% 123,529.85 440,470.00 28.0% Miscellaneous Expenses 140.82 8,166.89 22,000.00 13,833.11 37.1% 7,894.73 15,850.00 49.8% Depreciation Expense - - 1,105,500.00 1,105,500.00 0.0% - 1,057,860.00 0.0% Capital Outlay - 250,000.00 250,000.00 0.0% - 250,000.00 0.0% Debt Service 197,790.20 1,229,916.00 1,032,125.80 16.1% 189,910.34 1,218,848.00 15.6% Transfers -Out - - 43,145.00 43,145.00 0.0% - 43,145.00 0.0% TOTAL EXPENDITURES 82,524.25 463,805.28 3,642,533.00 3,178,727.72 12.7% 489,392.87 3,620,621.00 13.5% TOTAL REVENUE OVER (UNDER) EXPENDITURES 149,240.27 386,654.95 (484,341.00) 870,995.95 313,704.15 (727,973.00) Comments REVENUES: Local Sales Tax The local sales tax and local excise tax is being split 50 -50 between the Water and Wastewater funds in 2014 based on the 12/31/2013 outstanding debt balances in each fund. The split in prior years was 42% to Water and 58% Wastewater. The YTD 2014 local sales tax revenue received is flat from last year but the Water fund is seeing an increase due to the higher allocation share. Water Sales YTD 2014 water consumption is up over 4% from last year due mostly to the increase in one specific Industrial user. That one industrial user's consumption is up 72% from last year while total industrial consumption is up 18 %. Residential consumption is showing a modest increase of 1.5% while Commercial is down 1 %. EXPENSES: Wages & Benefits The 2014 expense is lower than 2013 due to the retirement of the Water Systems Supervisor on 12/31/2013. Brian Mehr, the Wastewater Superintendent, is now overseeing the Water department as well and his wages and benefits are being split 50/50 between the Water & Wastewater funds. Summary Income Statement Sewer Fund April 30, 2014 Comments REVENUES: Local Sales Tax The local sales tax and local excise tax is being split 50 -50 between the Water and Wastewater funds in 2014 based on the 12/31/2013 outstanding debt balances in each fund. The split in prior years was 42% to Water and 58% Wastewater. The YTD 2014 local sales tax revenue received is flat from last year but the Wastewater fund is seeing a decrease due to the lower allocation share. Sewer Sales The YTD 2013 sales revenue included $87,200 related to the ethanol plant that eventually went bankrupt and wasn't able to pay the City. This receivable balance was written off at the end of 2013. By comparing YTD 2014 revenue to YTD 2013 without the ethanol plant's $87,200, we are actually showing a 2% increase in sewer sales through April. Month of YTD Actual 2014 Budget YTD Actual April 2014 April 2014 2014 Budget Balance % Used April 2013 2013 Budget % Used REVENUES: Local Sales Tax 59,268.49 109,749.06 650,000.00 (540,250.94) 16.9% 114,879.28 580,000.00 19.8% Sewer Sales 270,247.97 1,077,092.61 3,132,000.00 (2,054,907.39) 34.4% 1,143,793.69 3,190,000.00 35.9% Permits - 6,700.00 7,000.00 (300.00) 95.7% 6,800.00 7,000.00 97.1% Charges for Services 2,038.99 2,533.25 7,000.00 (4,466.75) 36.2% - 7,000.00 0.0% Investment Earnings - - 20,000.00 (20,000.00) 0.0% (8,528.86) 20,000.00 - 42.6% Reimbursements 5,250.78 10,860.29 64,192.00 (53,331.71) 16.9% 7,769.60 64,148.00 12.1% Other Financing Sources - - - 0.0% - - 0.0% Fund Balance - 0.0% 0.0% TOTAL REVENUES 336,806.23 1,206,935.21 3,880,192.00 (2,673,256.79) 31.1% 1,264,713.71 3,868,148.00 32.7% EXPENDITURES: Wages & Benefits 44,463.85 178,149.76 608,184.00 430,034.24 29.3% 178,385.27 653,623.00 27.3% Supplies 15,927.67 61,547.54 249,810.00 188,262.46 24.6% 60,946.54 254,700.00 23.9% Services & Charges 48,339.80 195,230.07 743,765.00 548,534.93 26.2% 260,741.71 837,960.00 31.1% Miscellaneous Expenses 266.82 17,833.76 26,100.00 8,266.24 68.3% 14,885.67 27,000.00 55.1% Depreciation Expense - - 1,589,300.00 1,589,300.00 0.0% - 1,647,960.00 0.0% Capital Outlay - 350,000.00 350,000.00 0.0% - 350,000.00 0.0% Debt Service 442,971.37 1,590,266.00 1,147,294.63 27.9% 428,822.38 1,528,394.00 28.1% Transfers -Out - - 43,145.00 43,145.00 0.0% - 43,145.00 0.0% TOTAL EXPENDITURES 108,998.14 895,732.50 5,200,570.00 4,304,837.50 17.2% 943,781.57 5,342,782.00 17.7% TOTAL REVENUE OVER (UNDER) EXPENDITURES 227,808.09 311,202.71 (1,320,378.00) 1,631,580.71 320,932.14 (1,474,634.00) Comments REVENUES: Local Sales Tax The local sales tax and local excise tax is being split 50 -50 between the Water and Wastewater funds in 2014 based on the 12/31/2013 outstanding debt balances in each fund. The split in prior years was 42% to Water and 58% Wastewater. The YTD 2014 local sales tax revenue received is flat from last year but the Wastewater fund is seeing a decrease due to the lower allocation share. Sewer Sales The YTD 2013 sales revenue included $87,200 related to the ethanol plant that eventually went bankrupt and wasn't able to pay the City. This receivable balance was written off at the end of 2013. By comparing YTD 2014 revenue to YTD 2013 without the ethanol plant's $87,200, we are actually showing a 2% increase in sewer sales through April. Summary Income Statement Stormwater Fund April 30, 2014 Comments EXPENSES: Services & Charges April 2014 expense includes $17,400 for the rental of the two John Deere tractors utilized in the 2013 leaf vacuum program and the 2013/2014 snow removal. Since we utilized the tractors for snow removal for the first time, payment was made after the snow season where in prior years payment was made in November /December after the leaf season. The decision to utilize the tractors for snow removal was based on the fact that Creekside's annual bagging business increased by nearly 500,000 bags in 2013 and Creekside needed staff for production purposes. Historically Creekside has devoted up to 4 employees and 2 wheel loaders for city snow removal. In 2013/2014 that was reduced to 1 employee and 1 wheel loader. Month of YTD Actual 2014 Budget YTD Actual April 2014 April 2014 2014 Budget Balance % Used April 2013 2013 Budget % Used REVENUES: Storm Water Sales 60,985.28 239,594.77 719,500.00 (479,905.23) 33.3% 228,783.55 664,350.00 34.4% Licenses & Permits - 35.00 - 35.00 100.0% 370.00 - 100.0% Charges for Services - 1,000.00 (1,000.00) 0.0% - 1,000.00 0.0% Investment Earnings - 1,000.00 (1,000.00) 0.0% (2,349.96) 1,000.00 - 235.0% Reimbursements 450.00 250.00 200.00 180.0% 1,241.00 - 100.0% Fund Balance - - - - 0.0% - - 0.0% TOTAL REVENUES 60,985.28 240,079.77 721,750.00 (481,670.23) 33.3% 228,044.59 666,350.00 34.2% EXPENDITURES: Wages & Benefits 9,833.00 30,443.18 208,737.00 178,293.82 14.6% 33,169.65 211,877.00 15.7% Supplies 2,462.80 2,623.84 33,150.00 30,526.16 7.9% 611.42 29,100.00 2.1% Services & Charges 18,850.29 22,344.30 146,450.00 124,105.70 15.3% 6,594.81 144,300.00 4.6% Miscellaneous Expenses 3,255.37 3,783.56 8,050.00 4,266.44 47.0% 277.54 2,200.00 12.6% Depreciation Expense - - 111,200.00 111,200.00 0.0% - 113,060.00 0.0% Capital Outlay - 128,000.00 128,000.00 0.0% - 120,000.00 0.0% Debt Service 130,539.30 193,932.00 63,392.70 67.3% 129,666.80 198,857.00 65.2% Transfers -Out - - - - 0.0% - - 0.0% TOTAL EXPENDITURES 34,401.46 189,734.18 829,519.00 639,784.82 22.9% 170,320.22 819,394.00 20.8% TOTAL REVENUE OVER (UNDER) EXPENDITURES 26,583.82 50,345.59 (107,769.00) 158,114.59 57,724.37 (153,044.00) Comments EXPENSES: Services & Charges April 2014 expense includes $17,400 for the rental of the two John Deere tractors utilized in the 2013 leaf vacuum program and the 2013/2014 snow removal. Since we utilized the tractors for snow removal for the first time, payment was made after the snow season where in prior years payment was made in November /December after the leaf season. The decision to utilize the tractors for snow removal was based on the fact that Creekside's annual bagging business increased by nearly 500,000 bags in 2013 and Creekside needed staff for production purposes. Historically Creekside has devoted up to 4 employees and 2 wheel loaders for city snow removal. In 2013/2014 that was reduced to 1 employee and 1 wheel loader. REVENUES: Sales - Bagged Product Sales - Bulk Product Sales - Other Charges for Services Investment Earnings Reimbursements Other Revenues TOTAL REVENUES EXPENDITURES: Cost of Sales Wages & Benefits Supplies Services & Charges Freight Miscellaneous Expenses Depreciation Expense Capital Outlay Transfers -Out TOTAL EXPENDITURES TOTAL REVENUE OVER (UNDER) EXPENDITURES Summary Income Statement Compost Fund April 30, 2014 Month of April YTD Actual 2014 Budget YTD Actual 2014 April 2014 2014 Budget Balance % Used April 2013 2013 Budget % Used 483,859.70 1,026,689.67 2,288,300.00 (1,261,610.33) 44.9% 924,974.09 1,982,500.00 46.7% 35,510.77 42,805.17 175,000.00 (132,194.83) 24.5% 11,765.28 200,000.00 5.9% 33, 497.05 55, 729.31 45, 550.00 10,179.31 122.3% 44, 603.48 52, 250.00 85.4% (5,418.36) (6,286.80) 133,500.00 (139,786.80) -4.7% 7,395.00 129,000.00 5.7% - - 5,000.00 (5,000.00) 0.0% (2,355.81) 2,500.00 - 94.2% 656.32 450.16 1,000.00 (549.84) 45.0% 486.00 1,000.00 48.6% - - - 0.0% - - 0.0% 548,105.48 1,119,387.51 2,648,350.00 (1,528,962.49) 42.3% 986,868.04 2,367,250.00 41.7% 435,932.15 833,895.74 1,947,380.00 1,113,484.26 42.8% 792,917.27 1,467,050.00 54.0% (27,769.62) 17,565.21 55,681.00 38,115.79 31.5% 348.15 401,035.00 0.1% 7,472.40 7,005.81 379.00 (6,626.81) 1848.5% (9,043.92) 25,700.00 - 35.2% 27,439.72 96,132.86 261,439.00 165,306.14 36.8% 54,519.05 229,100.00 23.8% (195.81) (195.81) 90,000.00 90,195.81 -0.2% (2,259.49) 85,000.00 -2.7% 321.60 2,160.50 13,000.00 10,839.50 16.6% 2,435.53 14,340.00 17.0% (14,388.29) (35,224.89) 6,938.00 42,162.89 - 507.7% (38,996.42) 56,680.00 - 68.8% 10,827.04 52,609.18 157,888.00 105,278.82 33.3% 11,690.56 10,833.00 107.9% - - 102,847.00 102,847.00 0.0% - 90,775.00 0.0% 439,639.19 973,948.60 2,635,552.00 1,661,603.40 37.0% 811,610.73 2,380,513.00 34.1% 108,466.29 145,438.91 12,798.00 132,640.91 175,257.31 (13,263.00) REVENUES: Refuse Sales Intergovernmental Investment Earnings Reimbursements Fund Balance TOTAL REVENUES EXPENDITURES: Wages & Benefits Supplies Services & Charges Miscellaneous Expenses Depreciation Expense Capital Outlay Debt Service Transfers -Out TOTAL EXPENDITURES TOTAL REVENUE OVER (UNDER) EXPENDITURES % Used 32.8% 0.0% - 87.2% 0.0% 0.0% 32.2% 32.4% 30.0% 30.3% 100.0% 0.0% 122.0% - 10.2% 0.0% 27.4% Summary Income Statement Refuse Fund April 30, 2014 Month of YTD Actual 2014 Budget YTD Actual April 2014 April 2014 2014 Budget Balance % Used April 2013 2013 Budget 93,757.13 376,110.59 1,138, 287.00 (762,176.41) 33.0% 375, 712.02 1,145,150.00 2,475.00 2,475.00 12,500.00 (10,025.00) 19.8% - 12,500.00 - - 2,500.00 (2,500.00) 0.0% (2,180.44) 2,500.00 - 0.0% - - - 0.0% - 96,232.13 378,585.59 1,153,287.00 (774,701.41) 32.8% 373,531.58 1,160,150.00 12,546.29 48,960.57 153,350.00 104,389.43 31.9% 55,782.05 172,065.00 4,967.83 19,655.81 68,500.00 48,844.19 28.7% 18,513.22 61,700.00 57,707.34 173,215.66 720,873.00 547,657.34 24.0% 208,509.30 687,625.00 195.02 671.84 1,250.00 578.16 53.7% 54.00 - - - 116,100.00 116,100.00 0.0% - 132,510.00 110,000.00 110,000.00 0.0% 38,952.34 31,930.00 (2,187.00) 24,260.00 26,447.00 -9.0% (2,483.00) 24,261.00 - - 55,000.00 55,000.00 0.0% - 55,000.00 75,416.48 240,316.88 1,249,333.00 1,009,016.12 19.2% 319,327.91 1,165,091.00 20,815.65 138,268.71 (96,046.00) 234,314.71 54,203.67 (4,941.00) % Used 32.8% 0.0% - 87.2% 0.0% 0.0% 32.2% 32.4% 30.0% 30.3% 100.0% 0.0% 122.0% - 10.2% 0.0% 27.4% REVENUES: Intergovernmental Charges for Services Investment Earnings Reimbursements Transfers -In TOTAL REVENUES EXPENDITURES: Wages & Benefits Supplies Services & Charges Miscellaneous Expenses Depreciation Expense Capital Outlay Debt Service Transfers -Out TOTAL EXPENDITURES TOTAL REVENUE OVER (UNDER) EXPENDITURES Comments REVENUES: Charges for Services EXPENSES: Supplies Summary Income Statement HATS Fund April 30, 2014 Month of April YTD Actual 2014 Budget YTD Actual 2014 April 2014 2014 Budget Balance % Used April 2013 2013 Budget % Used 6,027.50 61,480.00 147,070.00 (85,590.00) 41.8% 56,818.68 136,396.00 41.7% 47,551.83 221,723.08 535,000.00 (313,276.92) 41.4% 184,330.12 535,000.00 34.5% - - 1,100.00 (1,100.00) 0.0% (368.28) 1,000.00 - 36.8% - 2,500.00 (2,500.00) 0.0% 18,415.38 2,000.00 920.8% - 47,015.00 94,030.00 (47,015.00) 50.0% 46,618.00 93,236.00 50.0% 53,579.33 330,218.08 779,700.00 (449,481.92) 42.4% 305,813.90 767,632.00 39.8% 4,434.27 23,220.05 52,235.00 29,014.95 44.5% 23,023.74 52,665.00 43.7% 55,011.12 205,157.56 536,825.00 331,667.44 38.2% 174,245.72 535,000.00 32.6% 12,440.97 47,967.92 147,500.00 99,532.08 32.5% 68,891.25 150,080.00 45.9% - - 5,100.00 5,100.00 0.0% 35.00 5,077.00 0.7% - - 0.0% - - 0.0% 37,960.00 37,960.00 0.0% 20,500.00 0.0% - - 0.0% - 0.0% - - - - 0.0% - - 0.0% 71,886.36 276,345.53 779,620.00 503,274.47 35.4% 266,195.71 763,322.00 34.9% (18,307.03) 53,872.55 80.00 53,792.55 39,618.19 4,310.00 This income category consists of the fuel revenue from various governmental entities and City departments. This expense category consists of the fuel purchased for use by various governmental entities and City departments. UBS Executive summary as of April 30, 2014 Asset allocation summary Value on % of 04/30/2014 ($) portfolio A Cash 3,848,901.42 28.20 Cash 3,848,901.42 28.20 B Fixed Income 9,797,740.26 71.80 us 9,797,740.26 71.80 C Equity 0.00 0.00 D Commodities 0.00 0.00 E Non - Traditional 0.00 0.00 F Other 0.00 0.00 Total Portfolio 13,646,641.68 100% Balanced mutual funds are allocated in the 'Other' category 15 Equity sector analysis Portfolio does not contain applicable holdings - exhibit intentionally left blank. Prepared for City of Hutchinson RP 38446 • City of Hutchinson • Business Service Account Risk profile Conservative Return Objective Current Income Expected cash flow $ Thousands 36 30 24 18 12 6 0 May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr 2014 2015 2015 0 Taxable income Total expected cash flow: $123,403.46 Cash flows displayed account for known events such as maturities and mandatory puts Credit quality of bond holdings *4 A , AW Report created on: May 01, 2014 Page 1 of 3 Value on % of Effective credit rating Issues 04/30/2014 ($) port. A Aaa/AAA/AAA 5 4,407,433.08 44.97 B Aa /AA/AA 2 2,014,823.22 20.54 C A/A/A 0 0.00 0.00 D Baa/BBB /BBB 0 0.00 0.00 E Non - investment grade 0 0.00 0.00 F Certificate of deposit 15 3,375,483.96 34.49 G Not rated 0 0.00 0.00 Total 22 $9,797,740.26 100% *4 A , AW Report created on: May 01, 2014 Page 1 of 3 Prepared for City of Hutchinson RP 38446 • City of Hutchinson • Business Service Account Risk profile Conservative Return Objective Current Income summaryIncludes all fixed -rate securities in the selected porfolio Average yields and durations exclude Structured Product, Pass - Through, Perpetual Preferred, and Foreign securities as of April 30, 2014 Investment type allocation Bond overview Total quantity 9,734,000 % of Total market value $9,764,710.97 Tax - exempt 1 bond Total accrued interest $33,029. 29 Investment type Taxable ($) deferred ($) Total ($) port. Total market value plus accrued interest $9,797,740.26 $122,984.25 Certificates of deposit 3,375,483.96 0.00 3,375,483.96 34.45 Total estimated annual bond interest 1.28% Municipals 522,744.89 0.00 522,744.89 5.34 Average coupon Average current yield 1'26% U.S. federal agencies 5,899,511.41 0.00 5,899,511.41 60.21 Average yield to maturity 0.68% Total $9,797,740.26 $0.00 $9,797,740.26 100% Average yield to worst 0.68%. Average effective maturity 5.68 Credit quality of bond holdings Bond maturity schedule $ Millions Value on % of Effective credit rating Issues 04/30/2014 ($) port. 3.5 — A Aaa/AAA/AAA 5 4,407,433.08 44.97 30.3 B Aa /AA/AA 2 2,014,823.22 20.54 F 3.0 24,9 C A/A/A 0 0.00 0.00. a 2.5 D Baa/BBBIBBB 0 0.00 0.00 2.0 'Q ° 76.s E Non - investment grade 0 0.00 0.00 s 1.5 F Certificate of deposit 15 3,375,483.96 34.49 1.0 G Not rated 0 0.00 0.00 s.� 0 5 Total 22 $9,797,740.26 100% t.s% o.o % o.o % o.o % o.o % o.o % o.o % o.o 0.0 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2025 + Other N Effective maturity schedule Cash, mutual funds and some preferred securities are not included. Page 1 of 2 Report created on: May 01, 2014 T TT Prepared for City Hutchinson U JI-J� RP 38446 •City of Hutchinson •Business Service Account Risk profile Conservative Return Objective Current Income IJ Includes all fixed -rate securities in the selected porfolio Average yields and durations exclude Structured Product, Pass - Through, Perpetual Preferred, and Foreign securities as of April 30, 2014 Summary of bond holdings Maturity Est. annual Current Yield to Yield to Adjusted Unrealized Year Issues Quantity income ($) yield ( %) maturity ( %) worst ( %) cost basis ($) gain /loss ($) Mkt. value ($) % of bond portfolio maturing 2014 2 498,000 3,486.00 0.70% 0.18 % 0.18 % 498,000 1,035.84 500,342.92- s 11% 2015 8 1,853,000 17,897.00 0.96% 0.39 % 0.39 % 1,853,000 10,634.54 1,868,469.851 1909% 2016 1 145,000 1,812.50 1.24% 0.81 % 0.81 % 145,000 1,441.30 146,838.5610 1 5 2017 5 1,548,000 42,048.75 2.60% 0.99 % 0.99 % 1,592,666.47 27,506.32 1,631,503.851 1659% 2018 1 240,000 3,240.00 1.38% 1.89 % 1.89 % 240,000 - 5,520.00 234,710.79IN 24% 2019 0 0 NA NA 2020 0 0 NA NA 2021 0 0 NA NA 2022 2 2,450,000 24,500.00 1.01% NA NA 2,450,000 - 15,883.50 2,440,044.281 24 93% 2023 3 3,000,000 30,000.00 1.01% NA NA 3,000,000 - 33,170.00 2,975,830.001 3038/ 2024 0 0 NA NA 1 2025 0 0 NA NA 1 2026 0 0 NA NA 1 2027 0 0 NA NA 1 2028 0 0 NA NA 1 2029 0 0 NA NA 1 2030 0 0 NA NA 1 2031 0 0 NA NA 2032 0 0 NA NA 2033 0 0 NA NA 2034 0 0 NA NA 2035 0 0 NA NA 2036 0 0 NA NA 2037 0 0 NA NA 2038 0 0 NA NA 2039 0 0 NA NA 2040 0 0 NA NA 2041 0 0 NA NA 2042 0 0 NA NA 2043 0 0 NA NA 2043 + 0 0 NA NA Other 0 0 NA NA W 22 9,734,000 $122,984.25 1.26% 0.68% 0.68% $9,778,666.47 $- 13,955.50 $9,797,740.26 Report created on: May 01, 2014 Page 1 of 6 Bond holdings - as of April 30, 2014 (continued) Details of bond holdings Prepared for City of Hutchinson RP 38446 • City of Hutchinson • Business Service Account Risk profile Conservative Return Objective Current Income Report created on: May 01, 2014 Page 2 of 6 Effective rating/ Est. annual Adjusted % of Underlying rating Effective Call date/ income ($)/ YTM ( %)/ cost basis ($)/ Market Mkt. value ($)/ bond (Mdy /Fitch /S &P) Quantity Coupon maturity Call price ($) Curr. yield ( %) YTW ( %) Unreal. g/1 ($) price ($) Accr. interest ($) port. 9,734,000 1.28% 01/01/2020 NA $122,984.25 0.68% $9,778,666.47 NA $9,764,710.97 100% Total Bond Portfolio 1.26% 0.68% $- 13,955.50 $33,029.29 $9,797,740.26 Effective rating/ Est. annual Adjusted % of Underlying rating Effective Call date/ income ($)/ YTM ( %)/ cost basis ($)/ Market Mkt. value ($)/ bond (Mdy /Fitch /S &P) Quantity Coupon maturity Call price ($) Curr. yield ( %) YTW ( %) Unreal. q/1 ($) price ($) Accr. interest ($) port. Maturing 2014 BANK OF CHINA NY US RT CD 249,000 0.60% 06/13/2014 1,494.00 0.14% 249,000.00 100.055 249,136.95 2.55% 00.6000% MAT 06/13/14 FIXED 0.60% 0.14% 136.95 564.85 RATE CD /NY HUNTINGTON NATL BK OH US RT CD 249,000 0.80% 12/15/2014 1,992.00 0.22% 249,000.00 100.361 249,898.89 2.56% 00.8000% MAT 12/15/14 FIXED 0.80% 0.22% 898.89 742.22 RATE CD /OH Total 2014 498,000 0.70% 09/14/2014 $3,486.00 0.18% $498,000.00 $499,035.84 5.11% 0.70% 0.18% $1,035.84 $1,307.08 Effective rating/ Est. annual Adjusted % of Underlying rating Effective Call date/ income ($)/ YTM ( %)/ cost basis ($)/ Market Mkt. value ($)/ bond (Mdy /Fitch /S &P) Quantity Coupon maturity Call price ($) Curr. yield ( %) YTW ( %) Unreal. q/1 ($) price ($) Accr. interest ($) port. Maturing 2015 ALLY BANK UT US RT 00.9500% CD 248,000 0.95% 02/09/2015 2,356.00 0.17% 248,000.00 100.609 249,510.32 2.56% MAT 02/09/15 FIXED RATE CD 0.94% 0.17% 1,510.32 522.84 /UT GOLDMAN SACHS BANK NY US CD 248,000 1.05% 02/09/2015 2,604.00 0.57% 248,000.00 100.372 248,922.56 2.55% RT 01.0500% MAT 02/09/15 FIXED RATE CD /NY 1.05% 0.57% 922.56 577.87 DORAL BANK PR RT 00.9500% CD 248,000 0.95% 02/10/2015 2,356.00 0.17% 248,000.00 100.611 249,515.28 2.56% MAT 02/10/15 FIXED RATE CD 0.94% 0.17% 1,515.28 509.93 /PR GE CAP BK UT US RT 01.1000% CD 115,000 1.10% 06/08/2015 1,265.00 0.68% 115,000.00 100.466 115,535.90 1.18% MAT 06/08/15 FIXED RATE CD 1.09% 0.68% 535.90 488.67 /UT = BANK LEUMI NY US RT CD 249,000 0.80% 06/15/2015 1,992.00 0.27% 249,000.00 100.594 250,479.06 2.57% 00.8000% MAT 06/15/15 FIXED 0.80% 0.27% 1,479.06 742.22 RATE CD /NY Report created on: May 01, 2014 Page 2 of 6 Bond holdings - as of April 30, 2014 (continued) Prepared for City of Hutchinson RP 38446 • City of Hutchinson • Business Service Account Risk profile Conservative Return Objective Current Income Report created on: May 01, 2014 Page 3 of 6 Effective rating/ Est. annual Adjusted % of Underlying rating Effective Call date/ income ($)/ YTM ( %)/ cost basis ($)/ Market Mkt. value ($)/ bond (Mdy /Fitch /S &P) Quantity Coupon maturity Call price ($) Curr. yield ( %) YTW ( %) Unreal. q/1 ($) price ($) Accr. interest ($) port. Maturing 2015 DISCOVER BANK DE US RT CD 248,000 1.05% 06/15/2015 2,604.00 0.52% 248,000.00 100.592 249,468.16 2.55% 01.0500% MAT 06/15/15 FIXED 1.04% 0.52% 1,468.16 984.53 RATE CD /DE SALLIE MAE BANK UT US RT CD 248,000 1.10% 08/10/2015 2,728.00 0.60% 248,000.00 100.635 249,574.80 2.56% 01.1000% MAT 08/10/15 FIXED 1.09% 0.60% 1,574.80 605.39 RATE CD /UT SAFRA NATL BK NY US RT CD 249,000 0.80% 08/17/2015 1,992.00 0.29% 249,000.00 100.654 250,628.46 2.57% 00.8000% MAT 08/17/15 FIXED 0.79% 0.29% 1,628.46 403.86 RATE CD /NY Total 2015 1,853,000 0.97% 05/11/2015 $17,897.00 0.39% $1,853,000.00 $1,863,634.54 19.09 0.96% 0.39% $10,634.54 $4,835.31 Effective rating/ Est. annual Adjusted % of Underlying rating Effective Call date/ income ($)/ YTM ( %)/ cost basis ($)/ Market Mkt. value ($)/ bond (Mdy /Fitch /S &P) Quantity Coupon maturity Call price ($) Curr. yield ( %) YTW ( %) Unreal. q/1 ($) price ($) Accr. interest ($) port. Maturing 2016 AMERICAN EXPRESS C NY US RT CD 145,000 1.25% 08/09/2016 1,812.50 0.81% 145,000.00 100.994 146,441.30 1.50% 01.2500% MAT 08/09/16 FIXED 1.24% 0.81% 1,441.30 397.26 RATE CD /NY Total 2016 145,000 1.25% 08/09/2016 $1,812.50 0.81% $145,000.00 $146,441.30 1.50% 1.24% 0.81% $1,441.30 $397.26 Effective rating/ Est. annual Adjusted % of Underlying rating Effective Call date/ income ($)/ YTM ( %)/ cost basis ($)/ Market Mkt. value ($)/ bond (Mdy /Fitch /S &P) Quantity Coupon maturity Call price ($) Curr. yield ( %) YTW ( %) Unreal. q/1 ($) price ($) Accr. interest ($) port. Maturing 2017 MASSACHUSETTS DEPT TRANS Aa3 /AA - /NR 500,000 2.41% 01/01/2017 12,040.00 0.98% 514,083.02 103.753 518,765.00 5.31% TAX SR B RV BE /R/ 2.408 NR/NR /NR 2.32% 0.98% 4,681.98 3,979.89 010117 DTD 113011 /MA FED FARM CREDIT BANK 04.875 Aaa /AAA/AA+ 431,000 4.88% 01/17/2017 21,011.25 0.83% 461,583.45 110.818 477,625.58 4.89% % DUE 011717 DTD 010907 FC NR/NR /NR 4.40% 0.83% 16,042.13 6,011.55 07172007 GE CAP BK UT US RT 01.7500% CD 130,000 1.75% 08/03/2017 2,275.00 1.41% 130,000.00 101.093 131,420.90 1.35% MAT 08/03/17 FIXED RATE CD 1.73% 1.41% 1,420.90 162.05 /UT GE CAP RETAIL BK UT US RT CD 247,000 1.75% 08/03/2017 4,322.50 1.41% 247,000.00 101.093 249,699.71 2.56% 01.7500% MAT 08/03/17 FIXED 1.73% 1.41% 2,699.71 1,006.61 RATE CD /UT Report created on: May 01, 2014 Page 3 of 6 Bond holdings - as of April 30, 2014 (continued) Prepared for City of Hutchinson RP 38446 • City of Hutchinson • Business Service Account Risk profile Conservative Return Objective Current Income Maturing 2022 FHLB STEP UP CALL BOND 01.000 Effective rating/ 950,000 1.00% 09/28/2022 06/28/2014 Est. annual NA Adjusted 99.697 947,121.50 % of % DUE 092822 DTD 092812 FC Underlying rating 2,500.00 07302013 Effective Call date/ income ($)/ YTM ( %)/ cost basis ($)/ Market Mkt. value ($)/ bond 03282013 (Mdy /Fitch /S &P) Quantity Coupon maturity Call price ($) Curr. yield ( %) YTW ( %) Unreal. q/1 ($) price ($) Accr. interest ($) port. Maturing 2017 NR/NR/AA+ 1,500,000 1.00% 12/28/2022 06/28/2014 15,000.00 NA 1,500,000.00 99.133 1,486,995.00 15.23% SUN NATL BK NJ US RT CD 240,000 1.00% 10/03/2017 2,400.00 0.67% 240,000.00 101.109 242,661.60 2.49% 01.0000% MAT 10/03/17 FIXED 0.99% 0.67% 2,661.60 170.96 RATE CD /NJ 2,450,000 1.00% 11/23/2022 $24,500.00 NA $2,450,000.00 $2,434,116.50 24.93% Total 2017 1,548,000 2.77% 04/08/2017 $42,048.75 0.99% $1,592,666.47 $5,927.78 $1,620,172.79 16.59% Effective rating/ Est. annual 2.60% 0.99% $27,506.32 $11,331.06 Underlying rating Effective rating/ Effective Call date/ income ($)/ Est. annual cost basis ($)/ Adjusted Mkt. value ($)/ bond % of (Mdy /Fitch /S &P) Underlying rating Coupon maturity Call price ($) Effective Call date/ income ($)/ YTM ( %)/ cost basis ($)/ Market Mkt. value ($)/ bond (Mdy /Fitch /S &P) Quantity Coupon maturity Call price ($) Curr. yield ( %) YTW ( %) Unreal. q/1 ($) price ($) Accr. interest ($) port. Maturing 2018 ENERBANK UT US RT 01.3500% CD 240,000 1.35% 10/04/2018 3,240.00 1.89% 240,000.00 97.700 234,480.00 2.40% MAT 10/04/18 FIXED RATE CD 1.38% 1.89% - 5,520.00 230.79 /UT Total 2018 240,000 1.35% 10/04/2018 $3,240.00 1.89% $240,000.00 $234,480.00 2.40% 1.38% 1.89% $- 5,520.00 $230.79 Effective rating/ Est. annual Adjusted % of Underlying rating Effective Call date/ income ($)/ YTM ( %)/ cost basis ($)/ Market Mkt. value ($)/ bond (Mdy /Fitch /S &P) Quantity Coupon maturity Call price ($) Curr. yield ( %) YTW ( %) Unreal. q/1 ($) price ($) Accr. interest ($) port. Maturing 2022 FHLB STEP UP CALL BOND 01.000 Aaa/NR/AA+ 950,000 1.00% 09/28/2022 06/28/2014 9,500.00 NA 950,000.00 99.697 947,121.50 9.70% % DUE 092822 DTD 092812 FC NR/NR /NR 2,500.00 07302013 100.00 1.00% NA - 2,878.50 844.44 FHLB STEP UP CALL BOND 01.000 03282013 1,000,000 1.00% 01/30/2023 04/30/2014 10,000.00 NA 1,000,000.00 99.086 990,860.00 10.15% % DUE 013023 DTD 013013 FC NR/NR /NR 100.00 1.01% NA FHLB STEP UP CALL BOND 01.000 NR/NR/AA+ 1,500,000 1.00% 12/28/2022 06/28/2014 15,000.00 NA 1,500,000.00 99.133 1,486,995.00 15.23% % DUE 122822 DTD 122812 FC NR/NR /NR 100.00 1.01% NA - 13,005.00 5,083.33 06282013 Total 2022 2,450,000 1.00% 11/23/2022 $24,500.00 NA $2,450,000.00 $2,434,116.50 24.93% 1.01% NA $- 15,883.50 $5,927.78 Effective rating/ Est. annual Adjusted % of Underlying rating Effective Call date/ income ($)/ YTM ( %)/ cost basis ($)/ Market Mkt. value ($)/ bond (Mdy /Fitch /S &P) Quantity Coupon maturity Call price ($) Curr. yield ( %) YTW ( %) Unreal. q/1 ($) price ($) Accr. interest ($) port. Maturing 2023 FHLB STEP UP CALL BOND 01.000 Aaa/NR/AA+ 1,000,000 1.00% 01/30/2023 04/30/2014 10,000.00 NA 1,000,000.00 99.297 992,970.00 10.17% % DUE 013023 DTD 013013 FC NR/NR /NR 100.00 1.01% NA - 7,030.00 2,500.00 07302013 FHLB STEP UP CALL BOND 01.000 Aaa/NR/AA+ 1,000,000 1.00% 01/30/2023 04/30/2014 10,000.00 NA 1,000,000.00 99.086 990,860.00 10.15% % DUE 013023 DTD 013013 FC NR/NR /NR 100.00 1.01% NA - 9,140.00 2,500.00 07302013 Report created on: May 01, 2014 Page 4 of 6 Bond holdings - as of April 30, 2014 (continued) Maturing 2023 FHLB BOND STEP -UP 01.000 % DUE 060623 DTD 060613 FC 12062013 Total 2023 Total Bond Portfolio Effective rating/ cost basis ($)/ Market Est. annual price ($) Underlying rating 98.300 - 17,000.00 Effective Call date/ income ($)/ YTM ( %)/ (Mdy /Fitch /S &P) Quantity Coupon maturity Call price ($) Curr. yield %) YTW %) Aaa/NR/AA+ 1,000,000 1.00% 06/06/2023 06/06/2014 10,000.00 NA NR/NR /NR 100.00 1.02% NA 3,000,000 1.00% 03/13/2023 $30,000.00 NA 1.01% NA Effective rating/ Est. annual Underlying rating Effective Call date/ income ($)/ YTM ( %)/ (Mdy /Fitch /S &P) Quantity Coupon maturity Call price ($) Curr. yield ( %) YTW ( %) 9,734,000 1.28% 01/01/2020 NA $122,984.25 0.68% 1.26% 0.68% Prepared for City of Hutchinson RP 38446 • City of Hutchinson • Business Service Account Risk profile Conservative Return Objective Current Income Adj usted cost basis ($)/ Market Unreal. q/1 price ($) 1,000,000.00 98.300 - 17,000.00 $3,000,000.00 $- 33,170.00 Adj usted cost basis ($)/ Market Unreal. g/1 ($) price ($) $9,778,666.47M NA $- 13,955.50 % of Mkt. value ($)/ bond Accr. interest ($) port. 983,000.00 10.07% 4,000.00 $2,966,830.00 30.38% $9,000.00 % of Mkt. value bond Accr. interest ($) port. $9,764,710.97 100% $33,029.29 $9,797,740.26 Report created on: May 01, 2014 Page 5 of 6