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cp05-22-2018 4JF t Hutchinson City Center 111 Hassan street SE 7AL -0 Hutchinson,MN 55350-2522 320-587-5151/Fax 320.234-4240 CITY OF HUTCHINSON MCLEOD COUNTY HUTCHINSON, MINNESOTA NOTICE OF A SPECIAL CITY COUNCIL WORKSHOP Tuesday, May 22, 2018 4:00 p.m. Council Chambers -Hutchinson City Center Notice is hereby given that the Hutchinson City Council has called a special workshop meeting for Tuesday, May 22, 2018, at 4:00 p.m. in the Council Chambers at the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, Minnesota for the following purpose: • Budget Workshop#I - Discussion of Preparation of 2019 Budget Matthew Jch, City Administr or DATED; May 17, 2018 POSTED: City Center Printed nn recycled paper- HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY,MAY 22,2018 CITY CENTER—COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff,committees and boards. Many decisions regarding agenda items are based upon this information as well as: City policy and practices, input from constituents,and other questions or information that has notyet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER—5:30 P.M. (a) Approve the Council agenda and any agenda additions and/or corrections 2. INVOCATION—River of Hope 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 14891 —Resolution Accepting Cash Donation from Jason Werowinski for a Restroom at the Dog Park PUBLIC COMMENTS (This is an opportunity or members of the public to address the City Council.If the topic you would like to discuss is on the agenda,please ask the Mayor if he will be accepting public comments during the agenda item if not a public hearing. Ifyou have a question,concern or comment,please ask to be recognized by the mayor—stateyour name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated,but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of May 8, 2018 CONSENT AGENDA (The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA I (a) Appointment of Morgan Baum to Public Arts Commission to August 2020 (b) Consideration for Approval of Issuing Temporary Liquor License to Riversong Music Festival on July 13 and 14, 2018, Masonic West River Park (c) Consideration for Approval of Issuing Short-Term 3.2 Malt Liquor License to Knights of Columbus St. Christopher Council on June 15 and 16, 2018, at McLeod County Fairgrounds (d) Consideration for Approval of Issuing Short-Term Gambling License to Minnesota Holstein-Friesian Breeder's Association on November 17, 2018, at McLeod County Fairgrounds CITY COUNCIL AGENDA MAY 22, 2018 (e) Consideration for Approval of Disposal of Surplus Equipment (f) Consideration for Approval of Resolution No. 14894—Resolution Approving the Vacation of a Portion of Easement at White Hawk Village Outlot A, Hutchinson With Favorable Planning Commission Recommendation (g) Consideration for Approval of Resolution No. 14890—Authorization to Execute Federal Aviation Administration and Minnesota Department of Transportation Airport Layout Plan on Behalf of the city of Hutchinson (h) Consideration for Approval of FAA Entitlement Transfer Per Agreements With City of Sauk Center and City of Winsted (i) Consideration for Approval of Out of State Travel for Miles Seppelt to Attend the 2018 International Economic Development Council in Arlington, Virginia on June 18, 2018 (j) Consideration for Approval of Lifting Parking Restrictions on Sherwood Street on June 5, 2018, for Harmony River Block Party (k) Consideration for Approval of Resolution No. 14901 —Resolution Calling for a Public Hearing on the Adoption of Updated Criteria for the Granting of Business Subsidies (1) Consideration for Approval of Items for City Alley 917 Improvement Project—Letting No. 7, Project No. 18-07 1. Resolution No. 14895 - Resolution Declaring Adequacy of Petition and Ordering Preparation of Report on Improvement 2. Resolution No. 14896 - Resolution Receiving Report and Calling Hearing on Improvement (m)Claims, Appropriations and Contract Payments—Check Register A 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments —Check Register B PUBLIC HEARINGS—6:00 P.M. 9. 2018 PAVEMENT MANAGEMENT PROGRAM PROJECT—LETTING NO. 4, PROJECT NO. 18-04 (a) Resolution No. 14897 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Resolution No. 14898 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids 10. TRAIL AND PARKING IMPROVEMENTS PROJECT—LETTING NO. 10, PROJECT NO. 18-10 (a) Resolution No. 14899 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Resolution No. 14900 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids COMMUNICATIONS REQUESTS AND PETITIONS (The purpose of this portion oJ the agenda is to provide the Council with information necessary to craft wise policy. 2 CITY COUNCIL AGENDA MAY 22, 2018 Includes items like monthly or annual reports and communications from other entities.) 11. UPDATE FROM MUSIC IN THE PARK COMMITTEE UNFINISHED BUSINESS NEW BUSINESS 12. APPROVE/DENY ORDINANCE NO. 18-783 - ORDINANCE REVISING CHAPTER 90 OF HUTCHINSON CITY CODE—RIGHT OF WAY (FIRST READING, SET SECOND READING AND ADOPTION) 13. APPROVE/DENY ORDINANCE NO. 18-784 - ORDINANCE REVISIONS CHAPTER 154.119 OF HUTCHINSON CITY CODE—TELECOMMUNICATIONS (FIRST READING, SET SECOND READING AND ADOPTION) 14. APPROVE/DENY ORDINANCE NO. 18-787 - AN ORDINANCE AMENDING SECTION 30.18, "REGULAR MEETING ORDER OF BUSINESS" TO REMOVE THE INVOCATION AND ADD MOMENT OF SILENCE (FIRST READING, SET SECOND READING AND ADOPTION) 15. APPROVE/DENY SETTING COUNCIL WORKSHOP FOR JUNE 26, 2018, AT 4:00 P.M. WITH HRA BOARD GOVERNANCE (The purpose o t)7is portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items.) 16. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS a) Public Arts Commission Minutes from April 10, 2018 �b) Hutchinson Housing& Redevelopment Authority Board Minutes from April 17, 2018 c) City of Hutchinson Financial Report and Investment Report for April 2018 �d) Planning, Zoning, Building Department First Quarter Report e) Planning Commission Minutes from April 17, 2018 MISCELLANEOUS 17. STAFF UPDATES 18. COUNCIL/MAYOR UPDATE ADJOURNMENT 3 CITY OF HUTCHINSON RESOLUTION NO. 14891 RESOLUTION ACCEPTING DONATION WHEREAS, the City of Hutchinson is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes Section 471.17; and WHEREAS, the following person has offered to contribute the cash amount set forth below to the city: Name of Donor Amount Donation Date Jason Werowinski $500.00 5/9/2018 WHEREAS, such donation has been contributed to the City of Hutchinson as a donation for a restroom at the Dog Park. WHEREAS, the City Council finds that it is appropriate to accept the donation offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, AS FOLLOWS: THAT, the donation described above is hereby accepted by the City of Hutchinson. Adopted by the City Council this 22nd day of May 2018. APPROVED: ATTESTED: Gary T. Forcier Mayor Matthew Jaunich City Administrator HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY,MAY 8,2018 CITY CENTER—COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff,committees and boards. Many decisions regarding agenda items are based upon this information as well as: City policy and practices, input from constituents,and other questions or information that has notyet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER—5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were John Lofdahl, Steve Cook, Chad Czmowski and Mary Christensen. Others present were Matt Jaunich, City Administrator, Marc Sebora, City Attorney and Kent Exner, City Engineer. (a) Approve the Council agenda and any agenda additions and/or corrections Motion by Christensen, second by Lofdahl, to approve the agenda as presented. Motion carried unanimously. 2. INVOCATION— Vineyard United Methodist Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Proclamation—Building Safety Month (b) Proclamation—Arbor Day Kyle Dimler, Building Official, presented before the Council. Mr. Dimler introduced two of the newest employees in the building department. They include Dave Halquist—Inspector and Ken Nelson—Building Inspector. Dave will focus on the rental registration program and Ken will focus on construction inspections. PUBLIC COMMENTS (This is an opportunity or members of the public to address the City Council.If the topic you would like to discuss is on the agenda,please ask the Mayor if he will be accepting public comments during the agenda item if nota public hearing. Ifyou have a question,concern or comment,please ask to be recognized by the mayor—stateyour name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated,but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of April 24, 2018 Motion by Czmowski, second by Cook, to approve minutes as presented. Motion carried unanimously. CONSENT AGENDA (The items listedjor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA I (a) Appointment of Kim Pearson to Police Commission to May 2020 (Completing Jo Piehl's CITY COUNCIL MINUTES MAY 8, 2018 Term) (b) Consideration for Approval of Non-Waiver of Tort Liability Limits for General Liability (c) Consideration for Approval of Renewing Food Vendor License to Rafael Jimenez (d) Consideration for Approval of Issuing Temporary Liquor License to Sustainable Farming Association for Minnesota Garlic Festival Being Held August 11, 2018, at McLeod County Fairgrounds (e) Consideration for Approval of Items for 2018 Pavement Management Program—Letting No. 4, Project No. 18-04 1. Resolution No. 14888 —Reseitt fie, Or-de-inn impr-„vement and n,.epal:atio,, of Plans Resolution Ordering Preparation of Report on Improvement 2. Resolution No. 14889—Dos^'„*,^r nppr-ev ing Plans an f;,. Spee ations an Ordering ”d-,e:fis,mens fer Bias Resolution Receiving Report and Calling Hearing on Improvement (f) Claims, Appropriations and Contract Payments—Check Register A Item 7(e)was pulled for clarification. Motion by Czmowski, second by Christensen, to approve the consent agenda with the exception of the item noted above. Motion carried unanimously. Council Member Cook had clarified that Resolution No. 14888 is actually for ordering preparation of report on improvement and Resolution No. 14889 is actually for receiving report and calling hearing on improvement. The items listed on the agenda were inadvertent errors. Council Member Cook asked if the project is for complete reconstruction or mill and overlay. Kent Exner, City Engineer, noted that the approach is still being developed and will be better identified at an upcoming meeting. He noted that all four roadways most likely will not be addressed due to cost restraints. Motion by Cook, second by Lofdahl, to approve Item 7(e)with the corrections noted. Motion carried unanimously. 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments—Check Register B Motion by Lofdahl, second by Forcier, with Czmowski abstaining to approve Consent Agenda II. Motion carried unanimously. PUBLIC HEARINGS—6:00 P.M. 9. APPROVE/DENY ISSUING BREWER/TAPROOM LICENSE TO BOBBING BOBBERS BREWING COMPANY, LLC Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that all required paperwork has been received for the brewer and taproom license submitted by Bobbing Bobbers Brewing Company, LLC. City ordinance requires that all licenses issued related to liquor have a public hearing. Dan Hart, 255 North High Drive 9116—Bobbing Bobbers Brewing Company, LLC, presented before the Council. Mr. Hart noted that he has been working on opening his brewery for the last three years. He did invite a neighbor of the brewery to come speak at the 2 CITY COUNCIL MINUTES MAY 8, 2018 public hearing regarding a lighting issue she has concerns with. Mayor Forcier noted that a different neighbor to the brewery had approached him with concerns regarding noise from a condensing unit used for the brewing process. Mr. Hart explained that he plans on placing a fence around the unit to filter the noise. Mr. Hart noted that this mechanism is similar to an air conditioning unit but two-three times bigger. He plans to put the fence up within the next couple of weeks. The fence will divert the noise upward instead of outward. Mr. Hart noted that his hope is to open the brewery the Wednesday before Memorial Weekend. Council Member Cook suggested planting some hop plants in the backyard area of the brewery. Mr. Hart noted it is a good idea for aesthetic purposes, however growing hops takes a lot of time and work. Jessica Thorn, 115 Linden Avenue, presented before the Council. Ms. Thorn noted that she has some concerns with lighting in the back of the brewery that Mr. Hart has agreed to readjust and has alleviated the problem. She said that she had been told that perhaps more streetlights were being considered to be put in place in that area and she requested that no more streetlights be put up as the area is already very well lit and she lives directly across from the brewery. Mr. Exner noted that no streetlights are being considered, but most likely additional lighting on the site was being considered as it relates to the brewery's conditional use permit. Matt Jaunich, City Administrator, noted that the feedback received from neighbors is more related to property use and the conditional use permit requirements, not necessarily related to the brewing/taproom license. Motion by Czmowski, second by Christensen, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Forcier, to approve issuing brewer and taproom license to Bobbing Bobbers Brewing Company, LLC. Motion carried unanimously. 10. 2018 STREETS SEAL COATING PROJECT (LETTING NO. 6, PROJECT NO. 18-06) (a) Resolution No. 14886 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Resolution No. 14887 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Kent Exner, City Engineer, presented before the Council. Mr. Exner reviewed the 2018 streets seal coating project. This project will be publicly bid and funded by the City's infrastructure maintenance funds (no bonding or special assessments). The scheduled bid opening date is set for June 4, 2018. The planned construction window is June 18—August 10. Motion by Czmowski, second by Lofdahl, to close public hearing. Motion carried unanimously. John Olson, Public Works Manager, noted that some repairs on streets, such as large cracks, will be completed prior to seal coating. Motion by Cook, second by Czmowski, to approve Resolution Nos. 14886 and 14887. Motion carried unanimously. COMMUNICATIONS,REQUESTS AND PETITIONS 3 CITY COUNCIL MINUTES MAY 8, 2018 (Thepurpose of this portion of the agenda is to provide the Council with information necessary to craft wise policy. Includes items like monthly or annual reports and communications from other entities.) 11. HUTCHINSON HEALTH REPORT TO THE CITY Dr. Mulder, Hutchinson Health, presented to the Council. Dr. Mulder reviewed the services provided by Hutchinson Health in 2017. These include inpatient admissions, inpatient surgical cases, same day surgery cases, emergency department visits, newborn deliveries, clinic visits, mental health clinic visits, Dassel Clinic visits, orthopedic clinic visits, outpatient imaging visits, rehab outpatient visits and lab outpatient visits. Dr. Mulder also reviewed the financial performance for 2017 and provided an overview of new providers to Hutchinson Health. Dr. Mulder explained the community benefit Hutchinson Health provides. Dr. Mulder then spoke about the affiliation with HealthPartners that Hutchinson Health entered into effective April 1, 2018. 12. PRESENTATION OF 2018 PAVEMENT MANAGEMENT REPORT John Olson, Public Works Manager, presented before the Council. Mr. Olson reviewed the 2018 Pavement Management Report document. Mr. Olson explained the pavement inventory and the reasons why pavement management is conducted. Mr. Olson reviewed results from pavement surveys, the pavement condition index and target PCI ratings. Mr. Olson reviewed capital project costs and maintenance projects costs. Kent Exner explained how the pavement management program is put together and projects that are selected. 13. DISCUSSION ON POLICY FOR USE OF MASONIC/WEST RIVER PARK STAGE Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that at the last Council meeting the Council held a discussion on perhaps putting a policy together on use of the Mason West River stage. Staff is seeking direction from the Council on what they would like to see included related to hours of use, alcohol use, noise, etc. Council Member Cook noted that what really sat with him from the last meeting is that Council Member Czmowski reminded everyone that the stage is located in a park whose main use is for a campground and the Council should be cognizant of the campers in the area who have rented sites near the stage. Current policy of rental of the stage and park shelters is from 9:00 am—9:00 pm and quiet time at the campground begins at 10:00 pm. Council Member Cook noted that he would like the policy to state that no extended hours of use of the stage will be allowed unless the renter rents out the entire campground. Council Member Czmowski stated at the PRCE Board last night the board voted to recommend that the City enforce what is currently in place, that being that the stage is for use until 9:00 p.m. and if hours wish to be extended the entire campground must be rented out. Council Member Czmowski also noted that the campground is really only open for an average of 16 weekends and if the stage continues to be rented for private use, the purpose of the campground is being eliminated. Council Member Lofdahl suggested that perhaps the quiet time of the campground be later, such as 11:00 p.m., due to it being lighter out later. Council Member Cook stated that he is open to use of the stage later than 9:00 p.m. if it is for a community event as opposed to a private party. Mr. Jaunich suggested staff put together a broad-scope policy for the Council to consider. UNFINISHED BUSINESS 14. APPROVE/DENY ORDINANCE NO. 18-786 - AN ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCES 92.018 AND 112.056 PERTAINING TO HOURS OF USE OF SOUND AMPLIFICATION EQUIPMENT AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN CITY PARKS (SECOND READING AND ADOPTION) 4 CITY COUNCIL MINUTES MAY 8, 2018 Mr.Jaunich reminded the Council that a request has come before the Council to extend the hours to the noise ordinance and liquor consumption ordinance for use of the Masonic West River Park stage for a private party on May 18,2018. The party is requesting that the hours be extended to 11:00 P.M. Motion by Cook,second by Czmowski,to deny second reading and adoption of Ordinance No. 18-786 in respect of fellow campers in the area. Motion carried unanimously. 15. APPROVE/DENY FINANCIAL MANAGEMENT PLAN Mr. Jaunich noted that the financial management plan had been reviewed at the last Council meeting. Several revisions were made to the plan and the Council tabled it at the last meeting. The same plan is before the Council for their consideration. Council Member Cook stated he still has questions on the fund balance percentages in the General Fund as noted on page 16. Council Member Cook is suggesting changing the percentage to anything over 60%. Discussion was held regarding restricted and unrestricted funds. The main concern is that the fund balance does not fall below guidelines, however the City should not be sitting on too much money as well. Council Member Cook asked if 40% is a good number to include in the policy and Andy Reid, Finance Director, noted that that gets the City through the first tax payment in June. Items b and c under General Fund were added to the policy from last time and the Council suggested perhaps these subsections be removed. Council Member Cook also had concerns with"$2,600,000" on page 20 and had a suggestion related to it. Council Member Cook suggested having an annual compliance report or a monitoring report showing the Council how the Ccity is doing compared to what the City intended on doing. Motion by Czmowski, second by Christensen, to approve financial management plan with the two subsections struck from the General Fund section. Motion carried unanimously. NEW BUSINESS 16. APPROVE/DENY SETTING COUNCIL BUDGET WORKSHOP FOR MAY 22, 2018, AT 4:00 P.M. Motion by Czmowski, second by Lofdahl, to set Council budget workshop for May 22, 2018, at 4:00 p.m. Motion carried unanimously. 17. APPROVE/DENY SETTING COUNCIL WORKSHOP FOR JUNE 12, 2018, AT 4:00 P.M. TO REVIEW STATE TRUNK HIGHWAY 15 DOWNTOWN RECONSTRUCTION PROJECT ITEMS Motion by Christensen, second by Czmowski, to set Council workshop for June 12, 2018, at 4:00 p.m. Motion carried unanimously. GOVERNANCE (The purpose of this portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items) 18. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS �a) 2017-2018 Snow Season Report b) Library Board Minutes 5 CITY COUNCIL MINUTES MAY 8, 2018 MISCELLANEOUS 19. STAFF UPDATES John Olson—Mr. Olson noted that street sweeping is occurring on streets and alleys along with patching. Les Kouba Parkway is closed off due to frost boiling occurring. Kent Exner—Mr.Exner explained that the Century Avenue proj ect is still working through the federal aid process and hopefully authorization for bids will be approved soon. Most likely the project wilf begin in late June/early July. The Hwy 15/Main Street project ADA informational meeting is May 22,2018,at 8:00 a.m. at the Event Center. This meeting is being sponsored by the Chamber of Commerce. A neighborhood meeting will be held May 15, 2018, at 7:00 p.m. for the pavement management program. Mr. Exner also noted that 2nd Avenue SE is open as of yesterday and construction may begin on June 1, 2018. Matt Jaunich — Mr. Jaunich reminded the public that this Thursday night at 5:00 p.m. he is hosting a session entitled"So You Want to be a Council Member"for those who are interested in running for public office or who just want more information on the life of a council member. Interested persons can still register to attend. He also noted that work on the stop light at Hwy 15 South and South Grade Road will be worked on tomorrow. 20. COUNCIL/MAYOR UPDATE Mary Christensen—Council Member Christensen commented on the smoke detector project put on by the Red Cross last weekend. Christensen noted what a great program it was in that new, working smoke detectors were installed in homes by the Red Cross and volunteers. John Lofdahl—Council Member Lofdahl commented that with Memorial Day approaching he asked that those flying American flags to check them to make sure they are in good condition as he has seen some that are in rather poor condition. Steve Cook—Council Member Cook noted that he observed this weekend several fires in the campground most likely not using certified firewood and that raises concerns with emerald ash borer. He feels that needs to be enforced more and perhaps a camp host should be part of the campground to monitor that along with other concerns at the campground. Cook asked about the Linden Park ponds project. Ken Exner noted that the project is still on the radar but the focus has been Century Avenue SE and pavement management. Another project that has taken precedence is a roadway being considered to Uponor that will now be pushed out another year. The pond design has made good headway and the project will most likely be bid this Fall with excavation in November or December. Cook noted that someone had approached him about better lighting/LED lighting on 5th Avenue SE/Adams Street west of 3M. Staff met recently with Ameresco and will be reviewing projects proposed by them. Cook also spoke of concerns of drivers heading north on Hwy 15 who want to turn into the brewery and using a UTurn function at Echo Drive. Exner noted that he has spoken to MnDOT about potential improvements to this area. Cook also mentioned that he believed someone had brought up potential Charter revisions to allow a person residing outside of city limits to serve on Hutchinson Utilities Commission. Mayor Forcier noted that he had made this suggestion for the Charter Commission to consider. Cook noted that he agrees with the suggestion and that the appointment not be limited to property ownership. Forcier is suggesting that perhaps an appointee needs to be a paying customer of HUC and not just live in city limits. Cook also mentioned that the"Dreams Take Flight" sculpture was voted the People's Choice Award from the sculpture stroll. Deb Walkes, the pastor from Vineyard United Methodist, was still in the audience and Council Member Cook asked if she had anything to share with the Council. Mr. Walkes noted that she did not but did state that the Ministerial Association will be providing a letter to the Council. 6 CITY COUNCIL MINUTES MAY 8, 2018 Gary Forcier—Mayor Forcier introduced Morgan Baum who has expressed interest in serving on the Public Arts Commission. Ms. Baum spoke before the Council and expressed why she is interested in serving on the PAC and her background and expertise that she can provide. Ms. Baum will be appointed at the next Council meeting. ADJOURNMENT Motion by Czmowski, second by Christensen, to adjourn at 8:05 p.m. Motion carried unanimously. 7 HUTCHINSON CITY COUNCIL City ofAa� '7 Request for Board Action 7AL=- M Agenda Item: Temporary Liquor License - RiverSong Music Festival Department: Administration LICENSE SECTION Meeting Date: 5/22/2018 Contact: Matt Jaunich Application Complete Yes Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: RiverSong Music Festival has submitted a temporary liquor license application to dispense liquor at the festival being held July 13 and 14, 2018. RiverSong Music Festival is a non-profit organization that has been organized since 2007. BOARD ACTION REQUESTED: Approve issuing temporary liquor license to RiverSong Music Festival on July 13 and 14, 2018. 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 Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 Alcohol&Gambling Enforcement APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number -- �V u^tL, ye5k�va SM_ef 7.001 Address p City State Zip Code �y �•�'� }�i1 �� 1 lb�� .. ] Cr ►trtY� Minnesota1U Name of person making application Business phone Home phone -spa colt lw Le Q ► e I✓�w c tr 3 a 513.q�d_ Date(s)of event Type of organization u f—I Club ❑ Charitable 0 Religious 5� Other non-profit IOrganization officer's name City State Zip R,6u �f t¢.YL5 un 0 Minnesota 5 Add New Officer 44 n t NiLocation where permit will be used. If an outdoor area,describe. d E n� vu+I l �1, t i, �� cltI��d�t ��►rL uf"r Vv 6b �a c�5 �C ds 5ti4 �4D� .5► c *,1�;�� es ical� S�AtfGA��l�l b� �� rnl 4,yvv) t,J Hawt1%.50 �a��LL 5eW W+ 1� �4 If the applicant will contract for intoxic ting Liquor servi e give the name and addr ss of the liquor license providing the service. �►�9was SvV>c, Cum Z4 �u;+g-) $U b1 _ fl� , , � _ Ii kr� A� Ge111X0 Vkwl� 'j6UA 4gtt If the applicant will carry liquor liaNlity insurance please provide the carrier's name and amount of coverage. �GLti� 1;AKh1V;x' v, WOCI�d (ijX �CJAI TLA tiej0 '001o i '001�QrSah. lUQtouurbGGu+Ye�� l��41° afuw+� +l0iaC0 l�k APPROVAL APP�LII-C,ATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING E4FORCFMFNT City/County y y Date Approved City Fee Amount Permit Date Date Fee Paid City/County E-mail Address Signature Cit Clerk or Count Official ` 9 Y y Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE:Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATIONC&STATE MN US Page 1 of t LIQUOR LIABILITY MINNESOTA JOINT UNDERWRITING ASSOCIATION CERTIFICATE OF INSURANCE 12400 PORTLAND AVE S, STE 190 Page 1 BURNSVILLE, MN 55337 F._s certificate of insurance is issued as a matter of information only and confers no rights upon the Certificate Holder. certificate does not amend, extend or alter the coverage afforded by the policy listed below. Policy Number: L180121 Policy Period: FROM 7/13/2018 TO 7/15/2018 12: 01 AM Standard Time INSURED: AGENT: 171 RIVER:,,CNG MUSIC FEST CITIZENS INS AGCY OF HUTCHINSON LLC PO B-Y 102 MAIN ST S PO BOX 335 ✓.N 55350 HUTCHINSON MN 55350 1 THE MJUA IS PROHIBITED BY STATUTE FROM PROVIDING PRODUCTS AND COMPLETED OPERATIONS COVERAGE NEW POLICY LIQUOR LIABILITY This is ar- audited polic} and premium adjustments are made at the end of the policy period. This is ro certify that the Policy described herein has been issued to the Insured named above and is in force at this time. Notwit:n�tanding any requirement, term or condition of any Policy or ather document with respect to which this certificate may be issued or may pertain, the coverage afforded by the Policy described herein is subject to all terms, exclusions and conditions of such Policy. The Described Location{si covered by this policy are as follows: MASONIC WEST PARK, HUTCHINSON, MR COVERAGE LIMIT Deductible Amount: NONE L. Bodily Injury (Each Person) $50, 000 (Each Occurrence) $100, 000 Property Damage (Each Occurrence) $10, 000 Lass of Means of Support (Each Person) $50, 000 (Each Occurrence) $100, 000 Pecuniary Doss (Each Person) $50, 000 (Each Occurrence) $-.00, 000 Annual Aggregate $300, 000 Per Claimant N,- NF-Business Description: SPECIAL EVENT – SHORT TERM, LIQUOR LIQUOR LIABILITY Certificate Holder: CITY OF HUTCHINSON 111 HASSAN ST. SE HUTCHINSON MN 55359 ShOuld the ab(-)ve DCnliey be canceller[ bclbre the 4�,pirati�on date thereof, the Association will endeavor rnz3il GU days written notice tee the above nained certificate holder, but Faiktre tc7 mail such notice: shzall irnpcsc no obligation or liability of`any kind upon the Association. In the :vent the cartceltatic)n is t[br n0n payment 01' pren-fltnn, the Association will mail a 10 day written notice: 5102/18 c. _ COUNTERSIGNATURE DATE OUR AUTHORIZED REPRESENTATIVE OUR EXECUTIVE DIRECTOR 7/13/18 * CERTIFICATE HOLDER 7/13/1$ End of Certificate Fo- Location 1 Building 1 HUTCHINSON CITY COUNCIL City ofAa� '7 Request for Board Action 7AL=- M Agenda Item: 3.2% Malt Liquor License - Knights of Columbus St. Christopher Council Department: Administration LICENSE SECTION Meeting Date: 5/22/2018 Contact: Matt Jaunich Application Complete Yes Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The Knights of Columbus St. Christopher Council has submitted a 3.2% Malt Liquor license application to dispense liquor at the NTPA Power Pull Nationals being held at the McLeod County Fairgrounds on June 15 & 16, 2018. The Knights of Columbus St. Christopher Council is a non-profit organization and meets the requirements for a 3.2% malt liquor license. BOARD ACTION REQUESTED: Approve issuing 3.2% malt liquor license to Knights of Columbus St. Christopher Council on June 15 & 16, 2018. 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: May. 15. gal$ 3: 06PM Seneca Foods No. 0926 P. 1 Short Tern 3.2 Malt Liquor Fee: $125.00 111 Hassan Street Southeast Hutchinson,M'N 55350 (320)587-515I/Pax-,(320)234-4240 City of Hutchinson APPLICATION FOR SHORT TERM 3.2 MALT LIQUOR LICENSE--ON ,SALE In provisions of the City of Hutebin,sotnt Municipal Cade Chapter 112 All applications must be received at least jkdays before City Council Mc:sting in order tt7 be considered APplicant Information "I ATS OF COLUMBUS 5T. LHIUSTOPHER COUNCIL 320-224-8705 BusinesslOrgani=arbn Name Phone Number 15537 Eagle rive GLInYCOE MN 55336 Rusiness/Orgaruzaltian Address City ,Stale zip NONPROFIT Type o Busb7ess/Or anization Zachary Woyteke 320-224-8705 Applicant Narne Phone Number 15537 Eugle Ave CLE+YC OE MN' 55336 Applicant Address CILY State zip Officer s/Ownea(s) of the Organization/Business i. Fieces.sary, list.addafonal nowes un se arateshew GREG TRO5i5A GRAND KNIGHT hrn�ne Title Zachary Waytcke FINANCIAL SECRETARY Name Title BRIAN THALMANN TRUSTEE Name 27de 3.2 Malt Li uor Sales n1brmatim GRANDSTANI?,McLEOD COUNTYFAIR GROUNDS NTPA Power lull Nationals 6115-16/2016 Location afSales w Dares)of Sales 840 CENTURY AVI;.SW HUTCENSON,MN 55350 RANDY STARKE Address Contact Person Checklist .• .. ,. .; ...;... The following items need to be completed and/or attached in order for the application to be prmtssed- Application fee paid in full(check or money order): M yes I7 no Application completed in full and signed b a /leant: ❑ s ❑ no The above listed business hereby applies for a license to sell short-teen 3.2 MALT LIQUOR for consumption"ON"those certain premises in the City of Hutchins on described above and to that end represents and state as follows: That said appZicarnt is a citizen of rhe L'nhod 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 no manufacturer of such non-itntoxicating malt liquors has any ownership, in whole or in part,in said business of said applicant or any interest therein. May. 15. 2418 3: UPM Seneca Foods No, 0926 P. 2 Ctn!of Hirrcrnso� .AppJ6caiivn f ur Sbar1 Terni 3.2 Maly I igeior-Lic€�nse--On-Sale Fage 2 aja That said applicant makes this application pursuant and subject to A the laws of the State of Minnesota and the ordinances and regulations of said City of Hutchinson applicable thereto,which are hereby made a pan hereof, and hereby agrees to observe and obey,the same. 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 tae stamp for the sale of intoxicating liquor. I declare that the infonrnation I have provided on tiLis application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. - rS-1 Stfufire of authorized applicant Irate T$Iice Chief Recomractidatiott 91 approved © denied. Notes: PoliceChie ,S'i nature �T Bate May. 1S. 2018 3: 07PM Seneca Foods NJ.. i1 j 2 '. 0 aATF WmmamIY] © CERTIFICATE OF LIABILITY INSURANCE 05!11!201$ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLr)r:-A.THIS CERTIRCATL DOES NOT AFFIRMATIVEIX OR NEGATIVELY AMEND,EXT2ND OR ALYER THE COVERAGE AFFORDED BY THE POLICIES 13ELOW, THIS CERTIFICAT9 Or INSURANCE DOES NOT CONSTITUTE A CON7RACT BETWEEN THE ISSUING INSURERS),AUTHORIZED REPRESPHTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANY: ff the certKicato holder Is an ADVFnONAL INSURED,the pollcy(les)must be endorsed. If 5UBROQATION IS WAIVED,Subject to the terms and conditions of the poilcy,certain polteies may require an erldoraement, A statement on this certificate dnat not confer rights to the certificate holder In lieu of such end orsemen s. PRODUCER Q9wAcT Professlonal Insurance Prcvlders P aN AIC Nn 613 E 90th Straat AD'"PDRESS- INSURER$ AFFORDING COVERAGE "Ca Glencoe MN 65336 rNSURER A: SmtI$[}$Ig Insurance COM Dn 412.97 nasu��n INSURER 0: Knights of Columbus:Glencoe Council INSURER C 1843 lvm Ave N INSURER D: INSURER E Glenew MN 55336 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION t4 MISER. THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED To ThE INSURED NAMECI ABOVE FORTHE POLICY PEftIO0 INDICATE73. NOTWITHSTANDING ANY REQUIREMENT.TERU OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH I F3FECT To WTJIGH THIS CEPTiFICATE MAY HE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HERON I5 SUE3JECT TOALLTHE TERMS, F-XCL€USIOidSAND CONDITIONS OF SUCH POLICIE6.LIMITS SHOWN MAY HAVE 81=EN REDUCED BY PAID CLA MS. 1 nR TYPf OL rN5uRn+rCE INsO vNe FnLIGY NUMtlEYi M-lo 1AM7tllSIYYYV Lige 8 COMMERCUIL GENERAL LIABILITY EhCFt OL'CURRENCE S CLA MS-MADE 0 OCCUR PREMZE5 Ea r 3 THIS INSURANCE IS ISSUED ME0 ExP An on �a7h s PURSUANT'TO THE MI NESOTA SURPLUS LINES INSU CECAC PEI�ilNALeADV INILII'Y $ GEN'LAGGREGATE UMITAFFLIES FER: THE INSURER IS AN EL.GIBLEGENERAL AGCAEGE 3 PL7l.ICY�.%87 F-1LOCSURPLUS LINE=S INSURER BUT IS AT PRODUCTS-CONPIOPAGG $ NOT OTHERWISE LICEt ISED BY s OTHER: AUTOMOBILE LIABILrrY CASE OF INSOLVENCY P'AYMEN a a(Eu Nit]SINGLE LIMrr s Ea ardent ANY AUTO OF CLAIMS IS NOT GU P RANTELD BODILY IN-may(Par Parer s ALL O OWNE0 8cHeolkel) BODILY 114JURY(Pee;oCddatt) $ HIRE3AUT03 NON-[WvNEO AROPERTYDAMAGE. $ AU TCT$ Per ac6denE S UMIRRELLA LTAB OCCUR EACH OCCURR>±•NG£ 5 EXCESS LIAR L'LAIMS-MAGE A0 0REGATE• � D!=[] RETENTION.f _ 5 Wo RI4Efia r o m F EN 8ATION AM)EMPLOYERS'LIABILITYYrN —IML 5_ EOTR"hi ANY PWPRIETORrPARTN�R rEX CUTIVE I 4 ra �L,�ACrH ACOMNT S O FF i"RIM kM d t R l=XGLU OE 67 IMan.delmy In NH] `c.L.DIg EAEMFLOYEE 8 ify�- acs�nbc unser CE5LA RIPTION OF OPERATIONS below E.L DISEASE-P474f0Y LIA3IT 5 Liquor Llablllty 7,000,p[]0 Occurrence A CPS3067503 CIfi115J2D IB 416/1712098 $1,000.000 Aggregate oE�SCRIPTION OF OF—LAA IONS i LOtuAYIONS 1 VEF,ICLES(ACORD IGi.Addiifonal Ramsrhn Schedule,may be a[IacAed N mote 6pe06 r8 r84111rad) Loeallon:840 Century Ave SW.,Hutchinson,MN 55350 CERTIFICATE HOLDER CANCELLATION 9HOULri ANY OF 7HE ABOVE OESCRISED POLICIES BE CANCELLED BEFORE THE EXPIRATION DAYS THEREOF,NOTICE WILL BE DELIVERED IN City of a II1lclllrlSUP1 ACCORDANC15 WITH THE PUE.ICY PROVTSICINS_ CRY Hall AWHORIZEM REPRESENTATIVE J I-18lclrtrtisa;� Mhl 55350 � ID 1988-2614 ACORD CORPORATION. All rights reserved. ACORD 25(2(1741101) The ACORD name and logo ar®mglstarad marks of ACORD HUTCHINSON CITY COUNCIL City ofAa� '7 Request for Board Action 7AL=- M Agenda Item: Short-Term Gambling License - Minnesota Holstein-Friesian Breeder's Assoc. Department: Administration LICENSE SECTION Meeting Date: 5/22/2018 Contact: Matt Jaunich Application Complete Yes Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The Minnesota Holstein-Friesian Breeder's Association, a nonprofit organization, 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 17, 2018, at the McLeod County Fairgrounds. 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 Minnesota Holstein-Friesian Breeder's Association on November 17, 2018. 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: i Fiqsan Strvvi -,wA hC j iT)SOn.%1 55., 3ti0 1 x A �FVK'IF� LK IENS E fit iwayisions orthc Ckvof tkutchbi5cl ", 349 All applications must be recclvcd at least 30-days befom event iii order to be consi&red 100 01) Zd, Co Phone Number q1 Address where reofIUT meeling CifY Slale wne bAf�4- AWW IJA ivs of i h e S i at.c,o(M i ny,c No -U vc% J no I los long has the organization been in existence'? How iniy mernbus in the organization'.1 Wlial is the putposo c)r tile organiz-aii4,;; to wtic+�e CU84*will org$10iZati011 I CtV,d2s i,v kept, Name Iry Srale Iq .............................. ....... Zip A -7 Pkwe of 11irfh- Cirl. 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HUTCHINSON CITY COUNCIL City ofAa� '7 Request for Board Action 7AL=- M Agenda Item: Approve/Deny disposal of surplus equipment Department: PW/Engineering LICENSE SECTION Meeting Date: 5/22/2018 Contact: John Olson Application Complete N/A Agenda Item Type: Presenter: John Olson Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: WWTF-716-TK5 Public Works has a 1994 Chevrolet 1/2 ton 4x2 pickup VIN 1GCEC14Z5RZ152716, which is currently no longer serviceable because the braking system does not function. The vehicle currently has 106,312 miles on it and it does not appear prudent to spend the money necessary to repair the brakes on this vehicle. Therefore, Public Works recommends declaring this vehicle as surplus equipment. The intent would be to offer this unit for sale by auction, provided auction providers are made aware of the vehicle's condition. If auction providers are not willing to sell the vehicle in its current condition, the vehicle will be brought to a junk yard. Proceeds from any sale of the vehicle would be deposited into the Vehicle-Equipment Replacement Fund. BOARD ACTION REQUESTED: Declare WWTF-716-TK5 as surplus equipment. 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: HUTCHINSON CITY COUNCIL City ofAa� '7 Request for Board Action 7AL=- M Agenda Item: PETITION TO VACATE EASEMENT AT WHITE HAWK VILLAGE OUTLOT A Department: Planning LICENSE SECTION Meeting Date: 5/22/2018 Contact: Dan Jochum Application Complete N/A 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: The applicant is seeking to vacate a relatively small portion of the existing easement on Outlot A (See attached survey). As you can see, The northerly line of the easement extends across Outlot A in a straight line, however all of the utilities in the easement area angle down to the southwest slightly. The old road that was removed when White Hawk Village was platted had also angled slight SW on the west side of Outlot A. Because of the way the utilities in this area angle to the SW, staff is comfortable with vacating a portion of this easement. The applicant is proposing a concept that will need to be formalized with a plat at some point in the future. That concept would feature one twin home fronting Bluejay Dr. SW and another twin home front Blackhawk Dr. SW(see attached sketch). Vacating the easement as noted, allows enough room for two lots on the west side of Outlot A that would each accommodate half of a twin home. Nobody from the public spoke regarding this request. There was no discussion from the PC regarding this request after the Staff Report was presented. The Planning Commission Unanimously recommended approval of this request. BOARD ACTION REQUESTED: Approve resolution to vacate easement at White Hawk Village Outlot A. 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 HUTCHINSON MCLEOD COUNTY,MINNESOTA RESOLUTION NO. 14894 RESOLUTION APPROVING THE VACATION OF A PORTION OF EASEMET AT WHITE HAWK VILLAGE OUTLOT A, HUTCHINSON. FACTS 1. Gus Wurdell, property owner, petitioned for the vacation of easements on a portion of White Hawk Village Outlot A. The area is legally described as: White Hawk Village Outlot A Commencing at the southeast corner of said Outlot A; thence northerly, along the easterly line of said Outlot A 46.68 feet to the intersection with a line parallel with and distant 46.66 feet north of the south line of said Outlot A, said line being the north line of a drainage and utility easement dedicated by said White Hawk Village; thence westerly, along the north line of said easement 313.68 feet to the beginning of the easement to be vacated; thence continuing westerly, along said north line 91.29 feet to the intersection with a line parallel with and distant 6.00 feet easterly of the westerly line of said Outlot A; thence southeasterly, parallel with said westerly line 24.80 feet; thence northeasterly, 87.85 feet to the point of beginning. 2. Vacation of easements is regulated by City Charter Section 13.05. 3. The Planning Commission has found that the public interest will still be served by vacating this portion of easement. 4. The Planning Commission has determined that this vacation is in keeping with the general planning of the City. 5. Following a public hearing on the application, the City of Hutchinson Planning Commission has recommended approval of the Vacation of Easement on May 15, 2018. 6. The City Council of the City of Hutchinson reviewed the requested Vacation of Easement at its meeting on May 22, 2018 and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the vacation of easement at White Hawk Village Outlot A. APPLICABLE LAW 7. The vacation of easement meets the requirements of section 13.05 of the Hutchinson City Charter. CONCLUSIONS OF THE LAW 8. The City Council has found that the public interest will still be served by vacating this portion of easement. 9. The City Council has determined that this vacation is in keeping with the general planning of the City. Findings of Fact—Resolution 14894 Vacation of Easements White Hawk Village Outlot A 05/22/2018 Page 2 10. The vacation of easements meets the requirements of section 13.05 of the Hutchinson City Charter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to Vacate an Easement within White Hawk Village Outlot A (as legally described above) is hereby approved. Adopted by the City Council this 22"d day of May, 2018. ATTEST: Matt Jaunich Gary T. Forcier City Administrator Mayor DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Dan Jochum, AICP and City of Hutchinson Planning Staff Date: May 10,2018 for May 15,2018,Planning Commission Meeting Application: Petition to Vacate Easements at White Hawk Village Outlot A. Applicant: Gus Wurdell Vacation of Easements The property owner is requesting to vacate a portion of an easement within Oudot A. The easement area previously contained a private street but that street was removed when the White Hawk Village Development, located to the south of the Outlot A, was developed. The purpose of the existing easement is to ensure access to the utilities that are located within the easement area. _ - - ® ; Indicates propertydescribed in this notice r W � ® � Y s iL �■J" i A Vacation of Easement White Hawk Village Outlot A. Planning Commission—5/15/18 Page 2 GENERAL INFORMATION Existing Zoning: R-3 Property Location: White Hawk Village — Outlot A near Bluejay Dr. SW and Blackhawk Dr. SW Existing Lot Sizes: NA Proposed Lot Size: NA Existing Land Use: Vacant Adjacent Land Use And Zoning: Residential. R3 Comprehensive Land Use Plan: Medium Density Residential Neighborhood Zoning History: This property was re-platted in 2014 as White Hawk Village Applicable Regulations: City Charter Section 13.05 Vacation of Easements: The applicant is seeking to vacate a relatively small portion of the existing easement on Outlot A (See attached survey). As you can see, The northerly line of the easement extends across Outlot A in a straight line, however all of the utilities in the easement area angle down to the southwest slightly. The old road that was removed when White Hawk Village was platted had also angled slight SW on the west side of Outlot A. Because of the way the utilities in this area angle to the SW, staff is comfortable with vacating a portion of this easement. The applicant is proposing a concept that will need to be formalized with a plat at some point in the future. That concept would feature one twin home fronting Bluejay Dr. SW and another twin home front Blackhawk Dr. SW (see attached sketch). Vacating the easement as noted, allows enough room for two lots on the west side of Outlot A that would each accommodate half of a twin home. Staff would like to note that at which point this area is platted several items will need to be addressed, including: • Comprehensive grading plan by a Professional Engineer • Curb and gutter must be replaced where old streets intersected City streets. • Sidewalk need to be completed on west side where it was removed. • Utility services shall come from rear of property and not the street. • Utility stubs are required for each lot. Vacation of Easement White Hawk Village Outlot A. Planning Commission—5/15/18 Page 3 Vacation: Section 13.05 of the City Charter states: "A majority of the council may by resolution vacate any street, alley or any public grounds within the city. Such vacation may be made only after published notice and an opportunity of affected property owners and public to be heard, and upon such further terms and by such procedure as is prescribed in MN Stat 412.851, and which the council by resolution may prescribe. A notice of completion of such proceedings shall be filed with the proper county officers in accordance with law." Recommendation: Staff recommends approval of the vacation and release of easement as described in the vacation of easement exhibit. m Q c v cm ja � m� -o n L ricru o w ® m y S"p 0(7 vm o�m OaaNW?- 7.c`— m9 w '6•r n C mA CR W a C.1 7ro o c---p3 m c a d-W 7 c � ��o= oxc v CL w:; z C!) a v.. 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Apt h Dn m h ` i '[b, N g L � It 4 y`O�-1 n HUTCHINSON CITY COUNCIL City ofAa� '7 Request for Board Action 7AL=- M Agenda Item: Approve/Deny Resolution 14890 naming Mayor and City Admin. as signatories Department: PW/Engineering LICENSE SECTION Meeting Date: 5/22/2018 Contact: John Olson Application Complete N/A Agenda Item Type: Presenter: John Olson Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: In 2013, Bolton-Menk, Inc. was engaged to develop an Airport Master Plan update and Airport Layout Plan (ALP) update. The ALP update was completed in July, 2015. Since that time, the ALP has been making its way through MnDOT Aeronautics (MnDOT) and the Federal Aviation Administration (FAA) for review. The review has finally been completed. At this point, the ALP update is ready for signature by the City, MnDOT and FAA. This resolution authorizes the Mayor and City Administrator to sign the ALP on behalf of the City of Hutchinson. BOARD ACTION REQUESTED: Approve Resolution No. 14890 authorizing Mayor Forcier and City Administrator Jaunich as signatories to the ALP update on behalf of the City. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14890 AUTHORIZATION TO EXECUTE FEDERAL AVIATION ADMINISTRATION AND MINNESOTA DEPARTMENT OF TRANSPORTATION AIRPORT LAYOUT PLAN ON BEHALF OF THE CITY OF HUTCHINSON It is resolved by the City Council of the City of Hutchinson as follows: That the Airport Layout Plan dated July 3, 2015 is hereby accepted. That the Mayor and City Administrator are authorized to sign the Airport Layout Plan and any amendments thereto on behalf of the City of Hutchinson. 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HUTCHINSON CITY COUNCIL City ofAa� '7 Request for Board Action 7AL=- M Agenda Item: Approve/Deny agreement with Winsted & Sauk Centre for transfer of AIP funds Department: PW/Engineering LICENSE SECTION Meeting Date: 5/22/2018 Contact: John Olson Application Complete N/A Agenda Item Type: Presenter: John Olson Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: As part of the proposed 2018 airport improvement project, the City has been endeavoring to obtain transfers of Federal Aviation Administration Airport Improvement Program (AIP) funds from other airports to assist with costs of our proposed project. The City of Winsted has offered $276,517 of AIP funds to transfer to the City of Hutchinson, to be paid back with AIP funds accumulated by Hutchinson in 2020. The City of Sauk Centre has offered $62,000 of AIP funds to transfer to the City of Hutchinson, to be paid back with AIP funds accumulated by Hutchinson in 2021. It is in the City's best interest to ensure adequate federal funding is available for the proposed project, even if we end up only being able to complete one of the two schedules identified in the project. BOARD ACTION REQUESTED: Approve agreement with City of Sauk Centre and authorize Mayor Forcier and City Administrator Jaunich as signatories to the agreement on behalf of the City. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: AGREEMENT FOR WAIVER TRANSFER AND REPAYMENT OF FEDERAL AIRPORT ENTITLEMENT FUNDS THIS AGREEMENT is made and entered into this 22r1 day of May, 2018, by and between the City of Hutchinson, a municipal corporation and political subdivision of the State of Minnesota (hereinafter"Hutchinson"), and the City of Winsted, a municipal corporation and political subdivision of the State of Minnesota (hereinafter"Winsted"). WHEREAS, Hutchinson is the sponsor of the Hutchinson Municipal Airport; and WHEREAS, Hutchison is a recipient of Federal Aviation Administration Entitlement Funds; and WHEREAS, Winsted is a recipient of Federal Aviation Administration Entitlement Funds; and WHEREAS, in 2015 Winsted loaned to Elbow Lake $276,517 of their Federal Aviation Entitlement funds schedule to be paid back to Winsted in 2018; and Winsted does not need these funds in 2018 but will need them in 2020; and Hutchinson needs the funds in 2018; and Elbow Lake has agreed to transfer the $276,517 in Federal Aviation Entitlement funds to Hutchinson in 2018 which would fulfill their obligation to Winsted; and WHEREAS, 49 U.S.C. §47117, subd. C(2) provides that a sponsor of an airport may make an agreement with the Secretary of Transportation waving the sponsor's claim to any part of the amount apportioned for the airport if the Secretary agrees to make the waived amount available for a grant for another public-use airport in the same state or geographical area as the airport; and WHEREAS, Hutchinson has requested Winsted to waive the receipt of and transfer $276,517.00 in Federal Aviation Administration Entitlement Funds for a project in fiscal year 2018; and WHEREAS, Winsted agrees to waive the receipt of and to transfer Federal Aviation Entitlement Funds for 2018 in the amount of$276,517.00 to Hutchinson pursuant to the regulations of the Federal Aviation Administration and upon the following conditions. NOW, THEREFORE BE IT by the parties that: 1. Winsted agrees to waive the receipt of and to transfer Federal Aviation Entitlement Funds for 2018 from Elbow Lake and agrees to allow transfer of these funds in the amount of $276,517.00 to Hutchinson. 2. Winsted agrees that it will complete all documents and forms necessary to complete the waiver and transfer pursuant to 49 U.S.C. §47117. 3. Hutchinson hereby accepts the transfer and agrees to waive receipt of Federal Aviation Entitlement Funds as said Funds are made available by the Federal Aviation Administration in 2020, and to transfer those funds back to Winsted. 4. Hutchinson agrees that it will complete all documents and forms necessary to complete the waiver and transfer pursuant to 49 U.S.C. §47117. 5. In the event Hutchinson does not receive a total of $276,517.00 of Federal Aviation Entitlement Funds in 2018 from Winsted, Hutchinson hereby agrees to waive the receipt of and the repayment of the $276,517.00, or balance not yet repaid, of Federal Aviation Entitlement Funds to Winsted in the year the first such Entitlement Funds become available to Hutchison. 6. This Agreement shall be controlled by the laws of the State of Minnesota, and any action brought as a result of any claim, demand, or cause of action arising under the terms of this Agreement shall be brought in an appropriate venue in the State of Minnesota. NOW, WHEREFORE, BE IT RESOLVED that the City of Hutchinson and the City of Winsted hereby agree upon said terms of the Federal Aviation Entitlement Funds transfer and repayment. CITY OF HUTCHINSON CITY OF WINSTED Mayor Mayor Mr. Gary Forcier Mr. Steve Stotko City Administrator City Administrator Mr. Matt Jaunich Mr. Dan Tienter AGREEMENT FOR WAIVER,TRANSFER,AND REPAYMENT OF FEDERAL AIRPORT ENTITLEMENT FUNDS THIS AGREEMENT is made and entered into this 22"1 day of May,2018, by and between the City of Hutchinson, a municipal corporation and political subdivision of the State of Minnesota (hereinafter"Hutchinson"), and the City of Sauk Centre, a municipal corporation and political subdivision of the State of Minnesota (hereinafter"Sauk Centre"). WHEREAS, Hutchinson is the sponsor of the Hutchinson Municipal Airport; and WHEREAS, Hutchison is a recipient of Federal Aviation Administration Entitlement Funds; and WHEREAS, Sauk Centre is a recipient of Federal Aviation Administration Entitlement Funds-land WHEREAS, 49 U.S.C. §47117, subd. C(2) provides that a sponsor of an airport may make an agreement with the Secretary of Transportation waving the sponsor's claim to any part of the amount apportioned for the airport if the Secretary agrees to make the waived amount available for a grant for another public-use airport in the same state or geographical area as the airport; and WHEREAS, Hutchinson has requested Sauk Centre to waive the receipt of and transfer $62,000 in Federal Aviation Administration Entitlement Funds for a project in fiscal year 2018-land WHEREAS, Sauk Centre agrees to waive the receipt of and to transfer Federal Aviation Entitlement Funds for 2018 in the amount of$62,000 to Hutchinson pursuant to the regulations of the Federal Aviation Administration and upon the following conditions. NOW, THEREFORE BE IT by the parties that: 1. Sauk Centre agrees to waive the receipt of and to transfer Federal Aviation Entitlement Funds for 2018 in the amount of$62,000 to Hutchinson. 2. Sauk Centre agrees that it will complete all documents and forms necessary to complete the waiver and transfer pursuant to 49 U.S.C. §47117. 3. Hutchinson hereby accepts the transfer and agrees to waive receipt of Federal Aviation Entitlement Funds as said Funds are made available by the Federal Aviation Administration in 2021, and to transfer those funds to Sauk Centre. 4. Hutchinson agrees that it will complete all documents and forms necessary to complete the waiver and transfer pursuant to 49 U.S.C. §47117. 5. In the event Hutchinson does not receive a total of$62,000 of Federal Aviation Entitlement Funds in 2018 from Sauk Centre, Hutchinson hereby agrees to waive the receipt of and the repayment of the $62,000, or balance not yet repaid, of Federal Aviation Entitlement Funds to Sauk Centre in the year the first such Entitlement Funds become available to Hutchison. 6. This Agreement shall be controlled by the laws of the State of Minnesota, and any action brought as a result of any claim, demand, or cause of action arising under the terms of this Agreement shall be brought in an appropriate venue in the State of Minnesota. NOW, THEREFORE, BE IT RESOLVED that the City of Hutchinson and the City of Sauk Centre hereby agree upon said terms of the Federal Aviation Entitlement Funds transfer and repayment. CITY OF HUTCHINSON CITY OF SAUK CENTRE Mayor Mayor Mr. Gary Forcier Mr. Warren Stone City Administrator City Administrator Mr. Matt Jaunich Ms. Vicki Willer HUTCHINSON CITY COUNCIL City ofAa� '7 Request for Board Action 7AL=- M Agenda Item: AUTHORIZATION FOR OUT-OF-STATE TRAVEL Department: EDA LICENSE SECTION Meeting Date: 5/22/2018 Contact: Miles R. Seppelt Application Complete N/A Agenda Item Type: Presenter: none Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: I've been asked to serve on the Board of Directors of the Minnesota Economic Development Foundation. As part of that I've been asked to represent the Foundation as a judge of the 2018 International Economic Development Council (IEDC) "Excellence in Economic Development Awards." The judging will take place in Arlington,Virginia on Monday, June 18th, 2018. Once that's done I'll be presenting a "Best Practices" report at the summer conference of the Economic Development Association of Minnesota later in June. The Foundation will cover all travel expenses. The gain for Hutchinson is that I'll be able to learn about current best practices in economic development and bring those ideas back to our community. If you have any questions or need additional information, please give me a call anytime at 234-4223. BOARD ACTION REQUESTED: Adoption of the attached resolution. Fiscal Impact: $ 0.00 Funding Source: N/A FTE Impact: 0.00 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 CITY COUNCIL City ofAa� '7 Request for Board Action 7AL=- M Agenda Item: Temporary Parking Request Department: Police LICENSE SECTION Meeting Date: 5/22/2018 Contact: Daniel T. Hatten Application Complete N/A Agenda Item Type: Presenter: Daniel T. Hatten Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 2 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: Harmony River Living Center is requesting the parking restrictions on Sherwood Ave SE between County Rd 9 and Edmonton Ave SE be removed on Tuesday June 5, 2018 between the hours of 11:00 am and 6:00 pm. This request is to accommodate the large number of visitors to the Living Center's annual block party. The PD has reviewed this request and is looking forward to working with the staff at Harmony River Living Center to ensure this event is successful with minimal impact to the neighborhood and motoring public in general. BOARD ACTION REQUESTED: Recommend Approval Fiscal Impact: $ 0.00 Funding Source: N/A FTE Impact: 0.00 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 CITY COUNCIL City ofAa� '7 Request for Board Action 7AL=- M Agenda Item: RESOLUTION CALLING FOR A PUBLIC HEARING Department: EDA LICENSE SECTION Meeting Date: 6/12/2018 Contact: Meagan Donahue Application Complete N/A Agenda Item Type: Presenter: Meagan Donahue Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Periodically the City must review and update its Business Subsidy Policy, which requires a public hearing, per state statute. The EDA Board has reviewed Hutchinson's current policy and updated the language - mainly to remove language pertaining to the JOBZ program, which has expired. Business Subsidy Policies are guidelines and criteria regarding the use of business subsidies, such as tax increment financing (TIF), tax abatement, and other business subsidies for private development projects within the City. This policy is used as criteria for providing subsidies in addition to the requirement and limitations set forth by provisions of Minnesota Statues Section 116J.993 to 116J.995 (Minnesota Business Subsidy Law), and the City's policy and guidelines of the particular form of subsidy. The EDA Board has reviewed the current policy has made a few minor changes to keep the policy up to date. BOARD ACTION REQUESTED: Adoption of resolution calling for a public hearing on June 26, 2018. Fiscal Impact: $ 0.00 Funding Source: N/A FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14901 A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ADOPTION OF UPDATED CRITERIA FOR THE GRANTING OF BUSINESS SUBSIDIES WHEREAS, Minnesota Statutes, Sections 116J.993 to 116J.995 (the "Act"), provides that the City, as a local government agency within the meaning of the Act, may not grant a business subsidy, within the meaning of the Act, until it has adopted criteria, following notice and a public hearing, for awarding business subsidies; and, WHEREAS, it is necessary to update Hutchinson's Business Subsidy Criteria; and, WHEREAS, a public hearing is required before updated Business Subsidy Criteria can be adopted; THEREFORE, BE IT RESOLVED by the City of Hutchinson, that a public hearing on the adoption of updated criteria for the awarding of business subsidies is hereby called and shall be held on June 26, 2018, at 6:00 p.m., at the City of Hutchinson City Council Chambers in City Hall, 111 Hassan Street SE, Hutchinson, Minnesota; and, BE IT FURTHER RESOLVED by the City of Hutchinson, that the City Administrator, or his designee, shall cause notice of the public hearing to be published in a newspaper of general circulation in the City of Hutchinson at least once not less than ten (10) days prior to the date fixed for the public hearing; and, BE IT FURTHER RESOLVED by the City of Hutchinson, that a draft copy of the proposed updated criteria for the awarding of business subsidies shall be available for public inspection, following publication of the notice of public hearing at the Hutchinson City Offices, between the hours of 8:00 a.m. and 4:30 p.m., on normal business days. Adopted by the City Council this 22nd day of May, 2018 ATTEST: Gary Forcier Matt Jaunich Mayor City Administrator ctty 0 7AL M- x-.7 Business SubsidyPolicy 050 Oil$ Public Hearing Held Policy Adopted jaR6iaFy -7 2999 I. Introduction This Policy is adopted for the purposes of the business subsidies act (the "Act"), which is Minnesota Statutes, Sections 116J.993 through 116J.995, as amended. Terms used in this Policy are intended to have the same meaning as used in the Act, and this Policy shall apply only with respect to subsidies granted under the Act if and to the extent required thereby. While it is recognized that the creation of good paying jobs is a desirable goal that benefits the community, it must also be recognized that not all projects assisted with business subsidies derive their public purposes solely by virtue of job creation. In addition, the imposition of high job creation requirements and high wage levels may be unrealistic and counter-productive in the face of larger economic forces and the financial and competitive circumstances of an individual business. The City further believes that each economic development opportunity offers its own unique benefit to the community whether it be retail, commercial or industrial in nature. These benefits may be in the form of added tax base, new or retained jobs, higher incomes, overall investment in the area, business diversification and /or increased economic activity and vitality. The Hutchinson Economic Development Authority was established in order to promote job creation, redevelopment and investment in the community as well as to expand the city's tax base and diversify the city's industrial, commercial and retail base. To effectively promote economic development within the city, be competitive vis-a-vis other communities and meet the diverse needs of business and industry, the EDA must have use of all the economic development incentives and tools legally available to it. The use of these incentives and tools cannot be judged nor can they be provided by a single measure, but must rather be evaluated in terms of community need, market trends,job creation, capital outlay and / or technology. II. Intent to Retain Flexibility Because it is not possible to anticipate every type of project that may provide benefit to the City, the City shall retain the option to amend or waive sections of this policy when it is determined to be necessary and / or appropriate. Minnesota Statute 116J.994, Subd. 2 allows the City to deviate from its criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the State. III. Business Subsidy Public Purpose Business Subsidies may s#a4 be provided in order to achieve any the following public purposes: 1. Enhance the economic diversity of the city 2. Create high quality job growth 3. Provide for job retention 4. Stabilize the community 5. I ncrease the tax base 2 The public purpose(s) of the Business Subsidy may include, but not be limited to, increasing the tax base of the community. Job retention may only be used as a public purpose in cases where job loss is specific and demonstrable. This policy is adopted in compliance with M.S. § 116J.994 Subd. 2. IV. Definitions <<jOBZ Subsidy"ness 4.69.21.0 469 220 I(1R7 Ri icinocc Ci ihci`lioc chill innli i`!o• 1 Exemptien from ind-iyid al innerno taxes as preyi` ed- i in` er M.S. § 469.316; and 2. EXeMptiGR from nerner_Rto frronnhisetaxes as previded under M.S. § and � 3. ExemptieR from the st�ace-mics-a�icrasee tt`a. and any InnA-1 erica A-.A ram tat-9160 qualifying`r r Fps ed in M.S. § 2974 69 subdiyisien 37• and `1" c n�-�v�C �rrzvry -�z Tv� r�crrvranT-r-v� cr 4. Exemptien from the istatee sales-tax en meteryehirci•c n`•1 any Ie`+eI SSA_icss tA_X vim Meter yehinles as preyi` ed- i in` er M.S. § 297-13.93; and 5. Exemptien frem thpreperty tax as n�aedOn�z'u'92subdivTsien C d 6. Exemptielp from the wind energy pre`•li intim tev i inrla{- M.S. § 'uT92� aah�Tcrn ir7r �ez � r ai4d 7 The iebs ere-dot aIlevi9 i iPder nn C § 469 319 "Business Subsidy" means a state or local government agency grant, contribution of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient, any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business, and as defined by the Business Subsidy statute M.S. §§ 116J.993 - 116J.995. Business Subsidies do not include the following: 1. Assistance of less than $150,000. 2. Business loans or loan guarantees of$150,000 or less 3. Federal loan funds provided through the U.S. Economic Development Administration. 4. Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of businesses, size, location or similar general criteria; 5. Public improvements to buildings or lands owned by the City of Hutchinson that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; 6. Property polluted by contaminants being redeveloped as defined in M.S. § 116J.552, subd. 3. 3 7. Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance to designated historic preservation sites or districts, provided that the assistance is equal to or less than 50% of the total cost of the development; 8. Assistance to provide job readiness and training services; 9. Assistance for housing; 10. Assistance for pollution control or abatement, including assistance from a TIF hazardous substances sub-district; 11. Assistance for energy conservation; 12. Tax reductions resulting from conformity with federal tax law; 13. Workers compensation and unemployment compensation; 14. Benefits derived from regulation; 15. Indirect benefits derived from assistance to educational institutions; 16. Funds from bonds allocated under M.S., Chapter 47A refunding bonds and 501(c)(3) bonds; 17. Assistance for collaboration between a Minnesota higher education institution and a business; 18. Assistance from a tax increment financing soils condition district as defined under M.S.469.174, subd.19; 19. Redevelopment when the Recipients or Qualified Business' investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current years estimated market value; 20. General changes in tax increment financing law and other general tax law changes of a principally technical nature; 21. Federal assistance until the assistance has been repaid to and reinvested by the local governmental unit; 22. Funds from dock or wharf bonds issued by a seaway port authority; "Business Subsidy Report" means the annual reports submitted each year for each business receiving a business subsidy in the community. The report is submitted by the local government unit in order to comply with M.S. § 116J.994 Subd. 7. (b). "Criteria" means the equitably applied, uniform standards by which the Economic Development Agency and /or the City bases its decision to award any business subsidy to a private business or development project establishing a business and creating jobs in the City of Hutchinson. "DEED" means Minnesota Department of Employment and Economic Development. "Economic Development Agent" means the city department, local or regional economic development agency or other authorized entity that is empowered to solicit, negotiate and form business subsidy agreements on behalf of the City of Hutchinson. The Economic Development Agent for the City of Hutchinson shall be the Hutchinson Economic Development Authority (EDA), hereinafter "Agent". "Operation Start Date" shall mean the date by which the business begins is operations in the zone as evidenced by constructing a facility or relocating to an existing building and beginning revenue generating operations and / or hiring employees. << >> weaps an legal entity that r--arries en a trade A-.r h-usiness; within a jeb nPPGFt11RitY 13 1ildiRg —7A-.AP- ;_36 M.S. § 469210ci h-d 11; and GGWPIliieG With th9 4 FePE)FtiRg FeGI61iFeWeRtS GpeGified by M.S. § 46-9.2-12- R-uh-d. 2. (5); and shall Gemply With the j�Gla and wage GFiteFia established by thiG PGIOGy and shall alse mear; "ReGipient" as defined by Russinocc Subsidy law. "Recipient" means any business entity that receives a business subsidy as defined by M.S. § 116J.993, and that has signed a Business Subsidy Agreement with a city. "Rplanafing Business" "RpinnatmenAgreement" busmpess; and- the ef DEED pledging that the qualified business.; shall either� (a4 0 RGFease full tome eF full tome equivalent empleyment On the fiFst full yeaF ef epeFatien within the jeb Oppertunity Building Zene by at least 20 PeFGeRt, or- (b) make a Gapital investment An the 0 ro`vi _. oRts of(a) er /h\ aro net mo+ "Sub-zone" 469 220 "Zone" designated by the GG. ef Empleyment and- Develepment under M.S. § 469214 V. Business Subsidy Policies and Requirements The City of Hutchinson adopts the following: 1. Any time the City of Hutchinson provides a business subsidy to a Qualified Business or Recipient, that business is subject to the wage levels, job creation and other criteria set forth in this policy and specified in the Business Subsidy Agreement made with the city. ,1,n, the-evee+ „f ;; ,,,nfli,+ h veer the req ,iron,on+s „f the -Russiness-so Subsidy statute M.S. §§ 116j.993 116j.995 and the -10-R-7 statute M.S. X69.319 469.329, the 10�RC7 statute Th'G'Tll supersede. 2. The City of Hutchinson authorizes the Hutchinson Economic Development Authority to act as its Economic Development Agent for purposes of marketing the city, initiating & negotiating Business Subsidy Agreements, and executing Business Subsidy Agreements on its behalf. 3. Job Creation / Retention & Wage Guidelines Requirements A. Job Creation / Retention Requirement If the City determines that job creation is a goal of the project, at least 1 full-time or full-time-equivalent job must be created for each $100,000 of assistance provided. 5 Retention of existing jobs is acceptable, provided that the applicant can document that, absent the business subsidy, the job loss would be specific and demonstrable. If the City determines that the creation or retention of jobs is not a goal of a specific project, the job creation goal may be set to zero (0). B. Wage Requirement Wages paid (exclusive of benefits) for jobs created as a result of the Business Subsidy must be at least equal to the U.S. Department of Health and Human Services Poverty Level for a family of four as of the date the business subsidy is approved. As of November, 2015 this was $11.65 per hour. 4ccictanno way be nreyir•ed as fnllews- Gamn arnial II r, awl 1 I-T Ar CTC fpr lob Cra2fian 44 load 1 CT Ar 4t load CT Ar CTC eaG $25,009 G" F-TE- , av rrt cr t r .. accicaAG.us� rcrrvr. nr 4t load 1000/ Af 44 load I'�5 of 44 load ogi al to Wage G C`tato Ar Cor•lorol C`tato Ar Cor•lorol thou (\/linir•ni im 14/ago* Minimi im 14/ago* Department Af ** ($19.99 / hr)** H ;;Ith and H,-,maA Cprii rpc Dpip rti Leave' for a family I.A.IhrrtvTTeyer highe- **Wage as of vr212015 4. The City of Hutchinson may deviate from the wage and job criteria in this section by documenting the reason in writing for the deviation and attaching a copy of this reason to the next annual Business Subsidy Report submitted to DEED. 5 The q 1alifi� b i� ssro that r2S2Fy2d 1067 tax hen�ts shall be tifi� in the 9. f 'ClffTf �A �TTGTT �pV� '�rJ T GTI"rf 1TTCTfr. Ri sipesso.2,ibsidy Agreement as; Arlo Af the fA11A�eiing• a. r;adc c9r ler--aied- and ep ting in a 1(1R7 at tthetime. Af Zenc designatien• Ar, 0 0 GtaFt 61P IApated withiA the161-1h- Re; �v�nrrrrnrtciZiAr�r�Ar, 6 �+ -Rusinessnen`•lin`r in the whinh is hi icinecc that m;;int;;inc itc GUFF nt epeFatlens IN ItC pFesent Ienatlen and IC expanding Its eperatlens and Ftp Payrell within the GUY of Ilii in-I5G-n ne• nr p1 �+ y� ��/'��' it r�r�vr Q. I Is;0 AP-GO�� Gate Rg frP1�TT aROSTTeF 6tate; e , palI�Ss heFeIGGating ft em anetheF n Jy+7�rZeN0 IGGatien (spe+IfyiRg t_Tti-Oi'ty)ty) IiRGC� 6. A public hearing shall be held by the City of Hutchinson as provided by M.S. § 116J.994, when the value of the subsidy exceeds or is expected to exceed $150,000 from local sources. The purpose of the hearing is to identify and define the criteria that the qualified business or recipient shall meet in order to be eligible to receive a business subsidy eir a "Qualified Q,- a " � C Af the IGBZ Gta The hearing �s+r�ss fer sem shall specify all information required to be included in the Business Subsidy Agreement as listed in section 7 (a) (below). As provided by M.S. 116J.994, Subd. 5., a public notice shall be published in print and if possible, on the internet, at least 10 days prior to the hearing identifying the location, date, and time of the hearing and providing information about the business subsidy proposed, including a summary of the terms of the subsidy. 7. Requirements of Businesses a. The business must enter into a "Business Subsidy Agreement" with the City that includes: (1) A description of the subsidy, including the amount and type of subsidy, and the type of district if the subsidy is tax increment financing; (2) A statement of the public purpose(s) of the subsidy; (3) Measurable, specific and tangible goals for the subsidy; (4) A description of the financial obligation of the recipient if the goals are not met; (5) A statement of why the subsidy is needed; (6) A commitment to continue operations in the jurisdiction where the subsidy is used for at least five years after the benefit date, sr in +��Asere IGRZ tw henefitC are pFeyided0 fer the A IrAtien of the Ieh ZGRe term• 0 (7) The name and address of the parent corporation of the recipient, if any; and, (8) A list of all financial assistance by all grantors for the project b. Businesses failing to meet the goals agreed to in the Business Subsidy Agreement must repay the assistance provided with interest, which is set at no less than the implicit price deflator as defined in the Business Subsidy Statute, M.S. §§ 116J.993 - 116J.995. Repayment may be prorated to reflect partial fulfillment of goals. 7 G. If the business c IGGating n a QBZ Z no and the qualified bI1CIneCC c � 1.T79GC� T'"Q�LeIZ�aTIQ�Tf��CfTTTf �5�•11.TZ� reIGGa+inn hi iciness i indler the dlefini+inn nreyidledl in this nnlin\i the hi kinase 0 Shall al he r r +n + in+e << na n AgF t" the s �se��eq� �era�er�� t+e��ee�e+�� et�eee� qualified business and the nemmiCCiener of DEED pledging that the qualm reIGGa+inn business shall• (1\ IRGFea I e nlg\im + 'Z 0% (m +i\ie t,�-rr,��se �t+g�ee��e+�� z �--��ease� �e to epeesth.at vvere—re Gated) within the first fill taxablewear—e# epera+inn within +he 7nne and! mein+eine +he rens firer! le\iel of emnl n\ime n+ dli firing eanh year of zene ecigna+inno • //•��pp \fdl GR (2) Make a nevi+al in\iec+men+ in +he 7r\ne eq iyalen+ +n a+ IeeC+ 1904 of grgcc revenges for-the-ttvehle year immediately nrenedinn relnne+inn +n +he AACQ �' n41D f /Q\ Repert to DEFED if the bi iciness \mill• ;Gease ene-er {rye-epees+tea nr fi vr'r� e+-ar a TrvTr�ne Irrc-rvvut+vnrnr and begin perfevmzing substantially the s.mfte nsiid-e_t„ihTe I""II-ItGT TrtSGR Z=GRe; "TTC-Ct 7QTVT Fedi fine nleymen+ a+the pen_zene�nna+inn starting ene year h re �. uv�en�nT r-crc-cis �-r r�r vva-crvrra�-cn-r�v�-r�� rr,� and eend.ng ene year after beginning epera+ienc in the 7nne where its eepleyeesOAthe-ZA- a arFe eRgaged in the Came line gf hi'CineCC aC the emnleyeec at the Inns+inn \yhere it redli-rued! emnleyment•0 and, //1\ Identify the !•late \n/hen eneratlgnC are planned! +g begin In the -IQ--R 7ene Adopted by the Hutchinson Gemma inity Deyelepmen+ (`nmmiccinn an Economic Development Authority, on aeserr er 1 2999. Public hearing held and policy adopted by the Hutchinson City Council on danwary 27, z0-0-9- 8 HUTCHINSON CITY COUNCIL City ofAa� '7 Request for Board Action 7AL=- M Agenda Item: Items for City Alley #17 Improvements Project (1-7/P18-07) Department: PW/Eng LICENSE SECTION Meeting Date: 5/22/2018 Contact: Kent Exner Application Complete N/A 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 project letting at their June 12th meeting. 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: $ 64,856.00 Total City Cost: $ 32,428.00 Funding Source: City Bonding Remaining Cost: $ 32,428.00 Funding Source: Special Assessments RESOLUTION NO. 14895 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO. 7/PROJECT NO. 18-07 WHEREAS, a certain petition was received requesting the following improvement: City Alley #17 located from Milwaukee Ave SW to Miller Ave SW (between Glen St & Franklin St): Alley improvements by construction of grading, aggregate base, concrete curbing, bituminous/concrete pavement, restoration and appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF HUTCHINSON, MINNESOTA: 1. Said Petition is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minn. Stat. §429.035. 2. The proposed improvement, called Letting No. 7/Project No. 18-07, 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 22nd day of May 2018. Mayor: Gary Forcier City Administrator: Matthew Jaunich C Y Mm x �.. o ti� o N N ..r m J � � �A �a � d z M Q z v r HUTCHINSON PUBLIC WORKS/ENGINEERING DEPARTMENT Hutchinson City Center/111 Hassan St SE/Hutchinson MIN 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 22, 2018 SUBJECT: City Alley#17 Improvements I have studied the following proposed improvements and find that the proposed project is feasible and recommend it be constructed: L7P18-07 City Alley#17 located from Milwaukee Ave SW to Miller Ave SW(between Glen St& Franklin St): Alley improvements by construction of grading, aggregate base, concrete curbing, bituminous/concrete pavement, restoration and appurtenances. ESTIMATED COST TOTAL Construction Cost $53,600 Engineering&Adiministration Fees $8,040 Administration $3,216 ESTIMATED TOTAL $64,856 ESTIMATED FUNDING TOTAL Assessable Costs $32,428 City Funds $32,428 ESTIMATED TOTAL $64,856 RESOLUTION NO. 14896 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT LETTING NO. 7/PROJECT NO. 18-07 WHEREAS, pursuant to a resolution of the Council adopted May 22nd, 2018, a report has been prepared by Kent Exner, Public Works Director/City Engineer with reference to the following proposed improvements: City Alley #17 located from Milwaukee Ave SW to Miller Ave SW (between Glen St & Franklin St): Alley improvements by construction of grading, aggregate base, concrete curbing, bituminous/concrete pavement, restoration and appurtenances; and said report was received by the Council on May 22nd, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvement in accordance with the report at an estimated total cost of the improvement of$64,856.00. 2. 2. A public hearing shall be held on such proposed improvements on the 12th day of June, 2018, 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 22nd day of May 2018. Mayor: Gary Forcier City Administrator: Matthew Jaunich PUBLICATION NO. 8285 NOTICE OF HEARING ON IMPROVEMENT LETTING NO. 7/PROJECT NO. 18-07 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 12th day of June,2018,to consider the making of an improvement of Letting No. 7/Project No. 18-07, an improvement of: City Alley #17 located from Milwaukee Ave SW to Miller Ave SW (between Glen St & Franklin St): Alley improvements by construction of grading, aggregate base, concrete curbing, bituminous/concrete pavement, restoration and appurtenances, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The estimated City cost of said improvement is$32,428.00, and an Assessable cost of$32,428.00 for the total estimated cost of$64,856.00. 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: 05/22/2018 Matthew Jaunich, 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 30TH, 2018 AND WEDNESDAY, JUNE 6TH, 2018. L c w.5 R 6 �.r fir' • , � w w na; M� Vi wm s;� rim LO cr IS NI tocm W LU W LU � z 04Fkf N err';° $�; �+' •r: ;fir �r" �C' "`''''d' �r' 310 e r w q N cli ea - LO .� 0 t J CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 05/08/18-05/22/18 Check Date Check Vendor Name Description Amount 05/11/2018 EFT698 EFTPS PAYROLL 4/22-5/5/2018 61,280.02 05/11/2018 EFT699 MN Dept of Revenue PAYROLL 4/22-5/5/2018 12,651.35 05/11/2018 EFT700 Provident Life and Acc Ins PAYROLL 4/22-5/5/2018 703.64 05/11/2018 EFT701 PERA PAYROLL 4/22-5/5/2018 50,248.25 05/11/2018 EFT702 TASC-Flex PAYROLL 4/22-5/5/2018 1,816.06 05/11/2018 EFT703 TASC-H S A PAYROLL 4/22-5/5/2018 12,954.36 05/11/2018 EFT704 ICMA PAYROLL 4/22-5/5/2018 2,150.56 05/11/2018 EFT705 VOYA PAYROLL 4/22-5/5/2018 740.00 05/11/2018 EFT706 MNDCP PAYROLL 4/22-5/5/2018 305.00 05/08/2018 200883 POSTMASTER POSTAGE 1,600.00 05/11/2018 200884 Payroll Check-Seasonal EE Orientation PAYROLL 4/22-5/5/2018 13.51 05/11/2018 200885 Payroll Check-Seasonal EE Orientation PAYROLL 4/22-5/5/2018 13.37 05/11/2018 200886 Payroll Check-Seasonal EE Orientation PAYROLL 4/22-5/5/2018 13.37 05/11/2018 200887 Payroll Check-Seasonal EE Orientation PAYROLL 4/22-5/5/2018 13.37 05/11/2018 200888 Payroll Check-Seasonal EE Orientation PAYROLL 4/22-5/5/2018 13.37 05/11/2018 200889 Payroll Check-Seasonal EE Orientation PAYROLL 4/22-5/5/2018 14.21 05/11/2018 200890 Payroll Check-Seasonal EE Orientation PAYROLL 4/22-5/5/2018 13.37 05/11/2018 200891 NCPERS PAYROLL 4/22-5/5/2018 384.00 05/11/2018 200892 HART PAYROLL 4/22-5/5/2018 566.37 05/22/2018 200893 3D SPECIALTIES KB SURFACE MOUNT 1,459.26 05/22/2018 200894 A.M.LEONARD INC HAND SAW SCABBARD&SHOVEL HANDLES 137.53 05/22/2018 200895 AARP MAY INSTRUCTION 425.00 05/22/2018 200896 ABSOLUTE LOGISTICS LLC CREEKSIDE FREIGHT TO VARIOUS LOCATIONS 2,190.00 05/22/2018 200897 ACE HARDWARE VARIOUS R&M SUPPLIES 651.37 05/22/2018 200898 VOID 05/22/2018 200899 ACTIVE NETWORK LLC MEMBERSHIP CARDS-KEY TAGS 775.00 05/22/2018 200900 AHLGREN ELECTRIC REPLACE SWITCH @ CC 386.50 05/22/2018 200901 ALLINA HEALTH SYSTEM MEDICAL TRAINING:QTRLY BILLING APRIL 20 768.73 05/22/2018 200902 ALPHA WIRELESS MAINT AGREEMENT 5/1-6/1'18 794.75 05/22/2018 200903 AMERICAN BOTTLING CO MAY COST OF GOODS-LIQUOR 162.32 05/22/2018 200904 AMERICAN DOOR WORKS LOADING DOCK REPAIR:DOCK BUMPER-CREEKSIDE 715.00 05/22/2018 200905 AMERIPRIDE SERVICES TOWEL BAR,MOPS,MATS,BAG 108.36 05/22/2018 200906 ANDREW MIELKE REFUND:GOT MOVED UP INTO HIGH TIDES 60.00 05/22/2018 200907 ANIMAL MEDICAL CENTER ON CROW RIVER MARCH/APRIL PROCESSING FEES/BOARDING 148.00 05/22/2018 200908 ARCTIC GLACIER USA INC. MAY COST OF GOODS-LIQUOR 925.98 05/22/2018 200909 ARNESON DISTRIBUTING CO MAY COST OF GOODS-LIQUOR 356.00 05/22/2018 200910 ARROW TERMINAL LLC SHOP SUPPLIES:STREETS DEPT 192.58 05/22/2018 200911 ARTISAN BEER COMPANY MAY COST OF GOODS-LIQUOR 968.20 05/22/2018 200912 AUTO VALUE-GLENCOE VARIOUS AUTO R&M SUPPLIES 148.18 05/22/2018 200913 AXON ENTERPRISE,INC. ANNUAL BODY CAMERA PLAN-POLICE 12,261.00 05/22/2018 200914 B&C PLUMBING&HEATING INC SPRING SERVICING-POLICE&LIBRARY 1,034.24 05/22/2018 200915 BAILEY NURSERIES INC PURCHASE VARIOUS TREE SPECIES -PARKS DEPT 4,764.10 05/22/2018 200916 BARGEN INC REPLAY 2016 PAVEMENT PROJECTS 46,507.50 05/22/2018 200917 BASF CORPORATION MULCH MAGIC DARK WALNUT-CREEKSIDE 3,696.00 05/22/2018 200918 BECKER ARENA PRODUCTS POLY.22 X 49 X 97 WHITE HDPE-WATERPARK 290.00 05/22/2018 200919 BELLBOY CORP MAY COST OF GOODS-LIQUOR 3,890.59 05/22/2018 200920 BERGER HORTICULTURAL PRODUCTS LTD BP PRO CUST SKY,BP FINE-CREEKSIDE INVENTORY 5,325.54 05/22/2018 200921 BERNICK'S MAY COST OF GOODS-LIQUOR 789.24 05/22/2018 200922 BETTER HALF EMBROIDERY POLOS,PULLOVERS,DRESS SHIRTS-PUBLIC WORKS 623.88 05/22/2018 200923 BFG SUPPLY CO DOW GALLERY HERBICIDE-PARKS DEPT 770.51 05/22/2018 200924 BLACK GOLD ENVIRONMENTAL SERVICES BURNER CLEANOUT/REPAIRS-HATS 390.85 05/22/2018 200925 BOLTON&MENK INC. 2018 AIRPORT ZONING UPDATE 3,398.40 05/22/2018 200926 BREAKTHRU BEVERAGE MAY COST OF GOODS-LIQUOR 8,966.57 05/22/2018 200927 BS&A SOFTWARE ANNUAL COST-WEB PORTAL,INTERNET,SYSTEMS 20,189.00 05/22/2018 200928 C&L DISTRIBUTING APRIL COST OF GOODS-LIQUOR 54,705.18 05/22/2018 200929 CAITLIN LITKE CANCELLED SHELTER RESERVATION 36.00 05/22/2018 200930 CALIFORNIA CONTRACTORS SUPPLIES GLOVES,BAGS-STREETS DEPT 932.40 05/22/2018 200931 CANNON RIVER WINERY MAY COST OF GOODS-LIQUOR 288.00 05/22/2018 200932 CARD SERVICES CONCESSIONS AND VARIOUS OTHER PURCHASES 448.10 05/22/2018 1200933 CARS ON PATROL SHOP LLC CUSTOM MADE PRINTER HOLDER/2 VEHICLE TOWS 1 255.50 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 05/08/18-05/22/18 Check Date Check Vendor Name Description Amount 05/22/2018 200934 CENTRAL HYDRAULICS CREEKSIDE LOADER REPAIRS PARTS 41.07 05/22/2018 200935 CENTRAL MCGOWAN WELDING AND OTHER R&M SUPPLIES 148.74 05/22/2018 200936 CHANKASKA CREEK APRIL COST OF GOODS-LIQUOR 168.00 05/22/2018 200937 CHEMISOLV CORP FERRIC CHLORIDE 38%-SEWER PLANT 4,487.45 05/22/2018 200938 CINTAS HANDCLEANER,SHOPTOWELS, MOPS-CREEKSIDE 48.38 05/22/2018 200939 CORNER POST EROSION CONTROL HYDRO-SEEDING-STREETS&SEWER 285.75 05/22/2018 200940 CROW RIVER AUTO&TRUCK REPAIR 2014 CAPRICE:OIL CHANGE-POLICE SQUAD 69.61 05/22/2018 200942 CROW RIVER GOLF CLUB LIQUOR STORE EVENT ON 4/26/18 536.88 05/22/2018 200943 CROW RIVER OFFICIALS ASSN UMPIRES FEES,FAST/SLOW PITCH TOURNAMENT 18,785.00 05/22/2018 200944 CROW RIVER PRESS INC SENIOR NEWSLETTER PRINTING 177.71 05/22/2018 200945 CZECH,RANDY REIMB: MWOA CONFERENCE REGISTRATION 20.00 05/22/2018 200946 D&S TROPHIES&EMBROIDERY ENGRAVING 10.00 05/22/2018 200947 DELL MARKETING L.P. NEW COMPUTER FOR KEN NELSON-BLDG INSP 545.61 05/22/2018 200948 DORIVAL,KELLI REIMB:MMBA CONFERENCE-LIQUOR CONFERNECE 119.90 05/22/2018 200949 DUNDEE FLOWERS FOR J.JUERGENSEN-NEW BABY 35.00 05/22/2018 200950 ECOLAB PEST ELIMINATION COCKROACH/RODENT PROGRAM-POLICE 64.93 05/22/2018 200951 EPIC PRODUCTS INC APRIL COST OF GOODS-LIQUOR 206.41 05/22/2018 200952 FARM-RITE EQUIPMENT 72"SOIL CONDITIONER FOR ALLEY MAINTENANCE 7,501.68 05/22/2018 200953 FASTENAL COMPANY VARIOUS R&M SUPPLIES 230.22 05/22/2018 200954 FENSKE,BLAKE REIMB:SAFETY FOOTWEAR 159.95 05/22/2018 200955 FIRST CHOICE FOOD&BEVERAGE SOLUTI COFFEE-CITY CENTER 114.00 05/22/2018 200956 FORD OF HIBBING 2018 POLICE INTERCEPTORS-2 SQUADS,1 ADMIN 89,349.35 05/22/2018 200957 FORMS&SYSTEMS OF MINNESOTA CITATIONS FORM-POLICE 676.27 05/22/2018 200958 G&K SERVICES TOWELS,MATS,COVERALLS,HANDCLEANER 102.75 05/22/2018 200959 GAVIN,DONLEY&OSTLUND, LTD FLAT LEGAL FEE AGREEMENT:APRIL 3,300.00 05/22/2018 200960 GEMPLER'S INC ALUMINUM LUTE RAKES(3) 153.87 05/22/2018 200961 GOPHER STATE FIRE EQUIPMENT CO. SPRINKLER INSPECTIONS-HATS,ARENA,REC CTR 1,040.00 05/22/2018 200962 GRAINGER VARIOUS R&M SUPPLIES 2,129.50 05/22/2018 200963 GRAPE BEGINNINGS,INC MAY COST OF GOODS-LIQUOR 1,804.25 05/22/2018 200964 GRO-WELL BRANDS,INC BARK,CEDAR CHIPS-CREEKSIDE INVENTORY 4,897.41 05/22/2018 200965 HANSEN GRAVEL INC. APRIL CONTRACT SNOW REMOVAL 1,072.00 05/22/2018 200966 HANSON&VASEK CONSTRUCTION CURB/CATCH BASIN REPAIRS 5,635.00 05/22/2018 200967 HAWKINS INC 30%SODIUM HYDROXIDE-WATER PLANT 3,215.39 05/22/2018 200968 HEINZ DISPENSING SOLUTIONS KEYSTONE BBQ/RANCH-WATERPARK CONCESSIONS 64.34 05/22/2018 200969 HENRYS FOODS INC CONCESSIONS SUPPLIES-RECREATION 534.46 05/22/2018 200970 HERALD JOURNAL PUBLISHING WINSTOCK PROGRAM 2018-LIQUOR ADVERTISING 428.00 05/22/2018 200971 HILLYARD/HUTCHINSON CLEANING/JANITORIAL SUPPLIES-VARIOUS DEPTS 935.61 05/22/2018 200972 HOHENSTEINS INC APRIL COST OF GOODS-LIQUOR 924.00 05/22/2018 200973 HOLT MOTORS INC NEW FORD F150(2)-PARKS DEPT 42,701.95 05/22/2018 200974 HOLT TOUR AND CHARTER INC. SENIOR CTR TRIP-MONTEVIDEO/GRANITE FALLS 625.00 05/22/2018 200975 HUTCHFIELD SERVICES INC COMMERCIAL JANITORIAL-MAY 2018-HATS 1,415.00 05/22/2018 200976 HUTCHINSON CO-OP LP GAS,FUEL,OIL,TIRES,OTHER SUPPLIES 13,256.51 05/22/2018 200977 HUTCHINSON GIRL'S SOFTBALL ASSOCIAT REIMB OF FEES COLLECTED 8,085.00 05/22/2018 200978 HUTCHINSON HRA PROCESSING FEE FOR PEDRO FRANCO JR. 250.00 05/22/2018 200979 HUTCHINSON HUSKIES BASEBALL LIQUOR STORE ADVERTISING-HUSKIES PROGRAM 230.00 05/22/2018 200980 HUTCHINSON JUNIOR LEAGUE BASEBALL REIMB OF FEES COLLECTED 45,490.00 05/22/2018 200981 HUTCHINSON LEADER APRIL ADVERTISING/PUBLISHING-VARIOUS DEPTS 1,041.17 05/22/2018 200982 HUTCHINSON SENIOR ADVISORY BOARD SENIOR TOUR REIMB:MAY 9 SIDEKICK THEATER 1,575.00 05/22/2018 200983 HUTCHINSON UNITED SOCCER ASSN. REIMB OF FEES COLLECTED 4,790.00 05/22/2018 200984 HUTCHINSON UTILITIES APR UTILITIES 4/1-5/1'18-CITY FACILITIES 82,671.99 05/22/2018 200985 HUTCHINSON UTILITIES 2ND QTR GIS BILLING-BRANDON FITZPATRICK 6,137.94 05/22/2018 200986 HUTCHINSON WHOLESALE#1550 AUTO/SHOP SUPPLIES-POLICE 140.61 05/22/2018 200987 HUTCHINSON,CITY OF APRIL STORM DRAINAGE-CITY FACILITIES 5,028.55 05/22/2018 200988 HYDRO KLEAN LLC HYDROGEN SULFIDE SENSOR 207.19 05/22/2018 200989 I.M.S.SHARPENING SERVICE CATCH BASIN REPAIRS 3,600.00 05/22/2018 200990 INDIAN ISLAND WINERY MAY COST OF GOODS-LIQUOR 258.24 05/22/2018 200991 INGSTAD BROADCASTING KDUZ: LIQUOR&PROM SAFETY ADVERTISING 464.00 05/22/2018 200992 INN ON LAKE SUPERIOR CONFERENCE LODGING: DEB PAULSON-SEWER 394.00 05/22/2018 200993 INNOTEK CORPORATION REPAIR PARTS-STREET SWEEPER-STORMWATER 338.88 05/22/2018 1200994 INTERSTATE BATTERY SYSTEM MINNEAPOL BATTERIES-STREETS DEPT 1 175.27 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 05/08/18-05/22/18 Check Date Check Vendor Name Description Amount 05/22/2018 200995 JACK'S UNIFORMS&EQUIPMENT CUSTOM BADGE(1)-POLICE 115.99 05/22/2018 200996 JACOBSEN,SEPTEMBER REIMB:SENIOR CENTER EVENT EXPENSES 102.03 05/22/2018 200997 JEFF'S DETAILING COMPLETE DETAIL-POLICE VEHICLE 200.00 05/22/2018 200998 JESSE TREBIL FOUNDATION SYSTEMS INC REFUND ON BLG PERMIT#PB17-1545 52.62 05/22/2018 200999 JJ TAYLOR DIST OF MN MAY COST OF GOODS-LIQUOR 7,213.91 05/22/2018 201000 JOHNSON BROTHERS LIQUOR CO. APRIL COST OF GOODS-LIQUOR 16,923.37 05/22/2018 201001 JOSH SCHROEDER REFUNDS: MASONIC W RIVER SHELTER RENTAL 188.00 05/22/2018 201002 KAHNKE BROTHERS NURSERY VARIOUS TREES PURCHASES-PARKS/FORESTRY 1,818.00 05/22/2018 201003 KELLER,MATTHEW REIMB: MWOACONF REGISTRATION-SEWER 20.00 05/22/2018 201004 KERI'S CLEANING APRIL CLEANING-LIQ,C.C, LIBRARY,FIRE,SR DINE 3,344.00 05/22/2018 201005 KONERZA,STACY KARAOKE NIGHT 75.00 05/22/2018 201006 KOSEK,JEFFREY APRIL CONTRACTED SNOW REMOVAL 492.00 05/22/2018 201007 KRANZ LAWN&POWER PARKS MOWER TUNE-UP-OIL PUMPS FOR FIRE 145.62 05/22/2018 201008 KWIKTRIP CONCESSION SUPPLIES-RECREATION 196.25 05/22/2018 201009 L&P SUPPLY CO CANNED FUEL-PARKS 99.60 05/22/2018 201010 LAKELAND BROADCASTING 4/30:WINSTOCK-LIQUOR ADVERTISING 875.50 05/22/2018 201011 LARSON BUILDERS CEMETERY-GUTTERS,FASCIA, DOWNSPOUTS 3,761.02 05/22/2018 201012 LEAGUE OF MN CITIES-INS TRUST 3RD QTR WORKERS COMPENSATION PREMIUMS 66,115.00 05/22/2018 201013 LOCATORS&SUPPLIES LOCATOR FLAGS FOR WATER DEPT 278.64 05/22/2018 201014 LOCHER BROTHERS INC APRIL COST OF GOODS-LIQUOR 50,003.60 05/22/2018 201015 LOGAN KRATOVIL PRODUCT LABEL COMPLAINT-CREEKSIDE 52.22 05/22/2018 201016 LOGIS NETWORK SERVICES THRU 4/21/18 7,691.47 05/22/2018 201017 LYNDE&MCLEOD INC. CREEKSIDE-PURCHASED COMPOST 354.55 05/22/2018 201018 MARCO TECHNOLOGIES,LLC APRIL Cost per Print-CITY CENTER COPIERS 1,917.01 05/22/2018 201019 MARSHALL CONCRETE PRODUCTS DOG PARK HYDRANT 12.95 05/22/2018 201020 MATHESON TRI-GAS INC ACETYLENE,HIGH PRESSURE 16.95 05/22/2018 201021 MAYTAG LAUNDRY&CAR WASH 4/3,4/11,4/26-EVENT CENTER LINEN CLEANING 264.20 05/22/2018 201022 MCFOA MELISSASTARKEACTIVEMEMBERSHIP-JULY 45.00 05/22/2018 201023 MCKIMM MILK TRANSIT CREEKSIDE FREIGHT TO BFG IN ST PAUL 618.88 05/22/2018 201024 MCLEOD COUNTY COURT ADMINISTRATOR BAIL:M JESSEY 550.00 05/22/2018 201025 MCLEOD COUNTY HISTORICAL SOCIETY 2018 MEMBERSHIP-DAN JOCHUM 100.00 05/22/2018 201026 MEDICA June Medical Insurance Premiums 141,829.03 05/22/2018 201027 MENARDS HUTCHINSON VARIOUS R&M SUPPLIES 2,030.87 05/22/2018 201028 VOID - 05/22/2018 201029 MESSAGE MEDIA U.S.A.,INC MAY MONTHLY ACCESS FEE-POLICE 30.00 05/22/2018 201030 MIKE ENGELMANN SPONSORSHIPS TURNED IN FOR SOFTBALLTEAM 450.00 05/22/2018 201031 MINI BIFF 4/5-5/2'18 RENT-POLICE&SOCCER FIELDS 155.04 05/22/2018 201032 MINNESOTA VALLEY TESTING LAB BOD CARBON,NITROGEN-SEWER TESTING 565.00 05/22/2018 201033 MNDRIVERSMANUALS.COM DRIVERS MANUALS-DMV 78.17 05/22/2018 201034 MORGAN CREEK VINEYARDS MAY COST OF GOODS-LIQUOR 168.00 05/22/2018 201035 MWOA REGISTRATION:DEB PAULSON-SEWER CONFERENCE 75.00 05/22/2018 201036 MYGUY INC. HATS SHOP:WASHJET NOZZLES,NOZZLES 62.26 05/22/2018 201037 NASH FINCH COMPANY IST QTR 2018 CAM-LIQUOR STORE PARKING LOT 2,196.23 05/22/2018 201038 NERO ENGINEERING LLC APRIL: LIFT STATIONS,WELL NO 8,BISULFI 1,955.40 05/22/2018 201039 NICHOLAS LEGEROS INC. PEOPLE'S CHOICE AWARD-SCULPTURE 500.00 05/22/2018 201040 NILES,JIM REIMB: MMBA CONFERENCE-LIQUOR CONFERNECE 119.90 05/22/2018 201041 NORTH CENTRAL LABORATORIES LAB SUPPLIES FOR SEWER PLANT 534.11 05/22/2018 201042 NORTHERN BUSINESS PRODUCTS NEW CHAIRS FOR THE EOC 14,994.08 05/22/2018 201043 NORTHERN TIER TRANSPORTATION LLC CREEKSIDE FREIGHT TO COOK&ELY,MN 800.00 05/22/2018 201044 NU-TELECOM MAY PHONE SERVICES 76.10 05/22/2018 201045 O'REILLY AUTO PARTS VARIOUS AUTO R&M SUPPLIES 280.31 05/22/2018 201046 OFFICE DEPOT VARIOUS OFFICE SUPPLIES 141.58 05/22/2018 201047 PAULSON,JOHN FOOTWEAR REIMB 175.00 05/22/2018 201048 PAUSTIS WINE COMPANY MAY COST OF GOODS-LIQUOR 5,607.41 05/22/2018 201049 PEAT INC. MCGREGOR BROWN PEAT-CREEKSIDE INVENTORY 3,870.00 05/22/2018 201050 PEDRO FRANCO JR MHFA FIX-UP FUND LOAN-HRA 5,402.69 05/22/2018 201051 PENMAC STAFFING SERVICES, INC. CREEKSIDE TEMPORARY STAFFING-APRIL 6,214.96 05/22/2018 201052 PERFECTION PACKAGING INC SEEDZ-CONCESSION SUPPLIES-RECREATION 276.00 05/22/2018 201053 PHILLIPS WINE&SPIRITS MAY COST OF GOODS-LIQUOR 12,216.25 05/22/2018 1201054 PIONEERLAND LIBRARY SYSTEM 2ND QTR LIBRARY FUNDING 42,910.25 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 05/08/18-05/22/18 Check Date Check Vendor Name Description Amount 05/22/2018 201055 PLUNKETTS PEST CONTROL GENERAL PEST CONTROL-PARKS GARAGE 98.80 05/22/2018 201056 POSTMASTER SENIOR NEWSLETTERS POSTAGE 100.00 05/22/2018 201057 PRECISION CONCRETE CUTTING 3 YR CONTRACT 2016-2018 FOR TRIP HAZARDS 8,000.00 05/22/2018 201058 PRO AUTO MN INC. 2013 CAPRICE:COOLING SYSTEM CHECK-POLICE 209.32 05/22/2018 201059 QUILL CORP VARIOUS OFFICE SUPPLIES 396.21 05/22/2018 201060 RAMY TURF PRODUCTS PRO-SEEDER,STREET SIDE,SHADY WAY MIX 1,240.00 05/22/2018 201061 RED BULL DISTRIBUTION COMPANY,INC. MAY COST OF GOODS-LIQUOR 314.00 05/22/2018 201062 REFLECTIVE APPAREL FACTORY INC VESTS,TEES,POLOS-CREEKSIDE 957.93 05/22/2018 201063 REINER ENTERPRISES INC CREEKSIDE FREIGHT-GERTEN'S&CUB FOODS 21,608.28 05/22/2018 201064 SEPPELT,MILES REIMB:SCSU PARKING,APPLICATION DELIVERY 64.44 05/22/2018 201065 SESTER FARMS INC TREES-SPRUCE,HACKBERRY,OAK,LINDEN- 3,484.02 05/22/2018 201066 SHAW,KAREN APRIL 2018 PILATES/YOGA INSTRUCTION 210.00 05/22/2018 201067 SHELLENBARGER,VIRGENE REIMB:MMBA CONFERENCE-LIQUOR CONFERNECE 119.90 05/22/2018 201068 SHORT-ELLIOT-HENDRICKSON,INC HUTCH 2017 ANTENNA PROJECTS 227.23 05/22/2018 201069 SITYANN TRUCKING,LLC CREEKSIDE FREIGHT TO VARIOUS LOCATIONS 2,725.00 05/22/2018 201070 SOUTHERN WINE&SPIRITS OF MN MAY COST OF GOODS-LIQUOR 16,250.24 05/22/2018 201071 SOUTHWEST MN CHAPTER OF ICC MEMBERSHIP DUES:D.HALQUIST&K.NELSON 120.00 05/22/2018 201072 STANDARD PRINTING-N-MAILING PAPER AND BUSINESS CARDS FOR NEW EE 154.10 05/22/2018 201073 STAPLES ADVANTAGE VARIOUS OFFICE SUPPLIES 605.93 05/22/2018 201074 STEILE CONSTRUCTION INSTALL 2" FIBER DUCT-2ND AVE BRIDGE PROJECT 5,700.00 05/22/2018 201075 STONE,KATHERINE REIMBURSE FOR CANCELLED CLASS 20.00 05/22/2018 201076 STONE,ROBERT UB refund for account:2-670-5850-8-00 3.80 05/22/2018 201077 STREICH TRUCKING CREEKSIDE FREIGHT LYNDE,ELK RIVER/PLYMOUTH 945.00 05/22/2018 201078 SYSCO WESTERN MN MISC CONCESSIONS SUPPLIES-RECREATION 698.66 05/22/2018 201079 TEK MECHANICAL HVAC SYSTEM UPGRADE-WWTP ADMIN BLDG 46,000.00 05/22/2018 201080 TELEDYNE INSTRUMENTS,INC. INFUENT SAMPLER-WWTP 303.00 05/22/2018 201081 THIEL,DENA&JEREMY UB refund for account:2-605-3380-8-01 108.64 05/22/2018 201082 THOMSON REUTERS-WEST WEST INFO CHARGES:4/1-4/30'18-LEGAL 120.00 05/22/2018 201083 TITAN MACHINERY HYDRAULIC LEAK-STREETS WHEEL LOADER 843.81 05/22/2018 201084 TOTAL QUALITY LOGISTICS CREEKSIDE FREIGHT TO BLOOMER,WI 640.00 05/22/2018 201085 TRI COUNTY WATER BOTTLED WATER DELIVERY-POLICE/CREEKSIDE 201.50 05/22/2018 201086 TRIMARK MAY COST OF GOODS-LIQUOR 344.60 05/22/2018 201087 TRIMBO,DAVID SCRUB TILE&SHAMPOO CARPET-POLICE 945.00 05/22/2018 201088 TRUE BRANDS MAY COST OF GOODS-LIQUOR 435.30 05/22/2018 201089 ULLR COOLERS MAY COST OF GOODS-LIQUOR 215.84 05/22/2018 201090 UNITED FARMERS COOP REFUEL HATS FUEL SYSTEM 20,064.00 05/22/2018 201091 URBAN SPRITE MEDIA 4/2-5/7/18 GARDEN BITE ADVERTISING-CREEKSIDE 2,250.00 05/22/2018 201092 VERIZON WIRELESS APR 03-MAY 02 SERVICES 3,233.84 05/22/2018 201093 VIKING BEER MAY COST OF GOODS-LIQUOR 20,044.35 05/22/2018 201094 VIKING COCA COLA MAY COST OF GOODS-LIQUOR 328.16 05/22/2018 201095 VINOCOPIA INC APRIL COST OF GOODS-LIQUOR 4,654.10 05/22/2018 201096 VIVID IMAGE EDA ANNUAL WEBSITE HOSTING/UPGRADES 1,110.00 05/22/2018 201097 WASTE MANAGEMENT OF WI-MN RESIDENTIAL REFUSE DISPOSAL APRIL 16TH-30TH 5,612.30 05/22/2018 201098 WELCOME NEIGHBOR NEW REISDENT VISITS 60.00 05/22/2018 201099 WEST CENTRAL SANITATION INC. APRIL REFUSE-RESIDENTIAL&CITY FACILITIES 47,853.40 05/22/2018 201100 WEST CENTRAL SHREDDING PAPER SHREDDING AT POLICE AND CITY CENTER 50.00 05/22/2018 201101 WINE COMPANY,THE MAY COST OF GOODS-LIQUOR 2,728.55 05/22/2018 201102 WOODS,CANDICE REIMB:MMBA CONFERENCE-LIQUOR CONFERNECE 109.00 05/22/2018 201103 ZEP SALES AND SERVICE SHOP SUPPLIES-STREETS DEPT 1,271.11 Total-Check Disbursement 1 $ 1,326,460.71 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 05/08/18-05/22/18 Check Date Check Vendor Name Description Amount Department Purchasing Card Activity-April 2018 Date Dept Vendor Name Description Amount 04/12/2018 ADMIN LEAGUE OF AMERICAN WHEEL Bicycle Quick Guides 998.20 04/16/2018 ADMIN MNEFILE Filing Fee for City vs.Blue Kins Homes 82.00 04/10/2018 PLANNING DEPARTMENT OF LABOR AND INDUSTRY Training registration-D.Halquist and K.Nelson 170.00 04/30/2018 PLANNING SEARS New filter for refrigerator at City Center 49.99 04/06/2018 POLICE ACT SPECIAL OPERATIONS SOTA Conference 65.00 04/06/2018 POLICE ACT SPECIAL OPERATIONS SOTA Conference 65.00 04/11/2018 POLICE POST BOARD Police Officers Licensing 450.00 04/27/2018 POLICE HOLIDAY INN ETI Conference Hotel Room 389.46 04/30/2018 POLICE AAFES CAMP RIPLEY Sniper Training 148.91 04/30/2018 POLICE AAFES CAMP RIPLEY Sniper Training 135.00 04/02/2018 FIRE BEST BUY Apparatus bay active 911 monitor 73.98 04/04/2018 FIRE MINNESOTA FIRE SERVICE CERTIF BOARD FF License renewals 175.00 04/10/2018 FIRE KAHLER GRAND HOTEL Rochester Fire School,Jason Sturges 343.08 04/10/2018 FIRE STAYBRIDGE SUITES Rochester Fire School,Matt Schmidt 354.60 04/11/2018 FIRE STAYBRIDGE SUITES Rochester Fire School,Paul Jeseritz 354.60 04/11/2018 FIRE STAYBRIDGE SUITES Rochester Fire School,Daryl Rath 354.60 04/11/2018 FIRE STAYBRIDGE SUITES Rochester Fire School,Jerrod Weckman 354.60 04/11/2018 FIRE STAYBRIDGE SUITES Rochester Fire School,Kyle Baysinger 354.60 04/12/2018 FIRE SHOPKO Certificate frames and office clocks 72.93 04/27/2018 FIRE EB FULLY INVOLVED Fire school registration for Brad Eastman. 53.03 04/09/2018 IT AMAZON Bar Code Scanner Lori Johnson 67.98 04/13/2018 IT VARIDESK Varidesk John Paulson 690.00 04/18/2018 IT AMAZON Livescribe Tom Kloss 218.65 04/19/2018 IT AMAZON PC Speakers Dispatch 25.96 04/19/2018 IT AMAZON Surface Pro Pen HUC 39.88 04/25/2018 IT AMAZON Headset Planning/Bldg Inspections reception 150.40 04/25/2018 IT AMAZON Wireless Keyboard Kent Exner 25.81 04/26/2018 IT AMAZON Mouse for Calyn Liestman 6.99 04/27/2018 IT AMAZON Monitor Stands for Jody and Leslie(PRCE) 129.98 04/18/2018 PUB WKS DAS MANUFACTURING INC Storm Drain Markers 1,099.97 04/03/2018 PRCE TEAM EXPRESS INTERNET Soccer Goals 545.00 04/03/2018 PRCE AMAZON Inflation Needles 5.86 04/04/2018 PRCE AMAZON Air Compressor 64.61 04/05/2018 PRCE AMZ SMART SIGN Signage 25.30 04/05/2018 PRCE EPIC SPORTS,INC. Soccer Jerseys 1,553.37 04/06/2018 PRCE THE WEBSTAURANT STORE Concession supplies 331.64 04/09/2018 PRCE SILICAGELPACKETS.COM Silica Packages 14.75 04/12/2018 PRCE AMAZON Display Racks 198.27 04/18/2018 PRCE UNITED VOLLEYBALL SUPPLY Volleyball Lines 130.17 04/19/2018 PRCE GUN DOG SUPPLY Dog Fountains 239.90 04/19/2018 PRCE AMAZON Plastic Portion Cups 9.99 04/20/2018 PRCE TEAM EXPRESS INTERNET Bat Wrap 10.00 04/20/2018 PRCE SQ ATLANTA SCREENP Fast Pitch Softball Shirts 1,810.00 04/23/2018 PRCE ALDI Concession Products 9.96 04/23/2018 PRCE CASH WISE Concession Products 14.00 04/23/2018 PRCE CASH WISE Concession Products 32.76 04/23/2018 PRCE WALMART Concession Products 222.72 04/24/2018 PRCE ALDI Concession Products 9.96 04/30/2018 PRCE AMAZON Office Chair 64.40 04/02/2018 CREEKSIDE SPS COMMERCE INC March SPS charges-UH,ACE Hardware,Bomgaars 269.25 04/12/2018 CREEKSIDE WALMART Coffee maker for Staff breakroom 106.30 04/16/2018 CREEKSIDE HUTCHINSON PIZZA RANCH Staff meeting lunch 81.55 04/26/2018 CREEKSIDE SPS COMMERCE INC April SPS charges-UH,ACE Hardware,Bomgaars 321.70 04/04/2018 LIQUOR MINNESOTA MUNICIPAL BEVERAGE ASSOC Conference fees-Shellenbarger, Niles&Dorival 975.00 04/05/2018 ILIQUOR MENARDS HUTCHINSON Ice melt for sidewalk safety 21.43 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 05/08/18-05/22/18 Check Date Check Vendor Name Description Amount 04/13/2018 LIQUOR AMAZON Loading Dock Overhead door replacement Opener 12.00 04/16/2018 LIQUOR RETAIL INFORMATION TEC Monthly CardDefender Service fee 42.75 04/23/2018 LIQUOR CTC CONSTANTCONTACT.COM Constant Contact Email Blast Service 70.00 04/30/2018 LIQUOR AMAZON Beer line cleaner for keg tappers 58.38 04/19/2018 EDA MAGNATAG VISIBLE SYSTEMS Joint tape-cover seams in conf room white board. 67.16 04/20/2018 EDA MAIN STREET SPORTS BAR Lunches for EDA finance team meeting 54.76 04/27/2018 JEDA SUBWAY Lunches for EDA Board meeting 60.01 Total-Purchasing Cards 14,933.15 GRAND TOTAL 1,341,393.86 CHECK REGISTER B FOR CITY OF HUTCHINSON CHECK DATE FROM 05/08/18-05/22/18 Check Date Check Vendor Name Description Amount 05/22/2018 200941 CROW RIVER GLASS INC. PLEXI,HOLES DRILLED 92.00 Total-Check Disbursement $ 92.00 HUTCHINSON CITY COUNCIL City ofAa� '7 Request for Board Action 7AL=- M Agenda Item: Public Hearing for 2018 Pavement Management Program Project (1-4/P18-04) Department: PW/Eng LICENSE SECTION Meeting Date: 5/22/2018 Contact: Kent Exner Application Complete N/A Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Public Hearing Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: City staff will be administering a Public Hearing for the 2018 Pavement Management Program project. Attached for your reference are the project neighborhood meeting notice and information sheet. Following a brief project overview by City staff and potential public comments, staff will request that the City Council move forward with the final preparation and approval of project plans/specifications. The scheduled bid opening date is Friday, June 22nd (8:30 AM). 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: $ 2,274,300.00 Total City Cost: $ 1,874,300.00 Funding Source: City Bonding & Utility Funds Remaining Cost: $ 400,000.00 Funding Source: Special Assessments RESOLUTION NO. 14897 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 4/PROJECT NO. 18-04 WHEREAS, a resolution of the City Council adopted the 8th day of May 2018, fixed a date for a Council Hearing on the following improvements: 2018 Pavement Management Program: Northwoods Ave NE (Main St N to Maple St NE), 11th Ave NE ( Elm St NE to Maple St NE), Spruce St NE (College Ave NE to Northwoods Ave NE) and Waller Dr NE (6th Ave NE to Bluff St NE); roadway reconstruction by construction of grading, curb and gutter, draintile installation, bituminous surfacing, storm sewer, water distribution, sanitary sewer, street lighting, landscaping, restoration and appurtenances. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the resolution adopted the 8th day of May 2018. 3. Such improvement has no relationship to the comprehensive municipal plan. 4. Kent Exner is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 5. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. Adopted by the Council this 22nd day of May 2018. Mayor: Gary Forcier City Administrator: Matthew Jaunich RESOLUTION NO. 14898 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 4/PROJECT NO. 18-04 WHEREAS,the Director of Engineering/Public Works has prepared plans and specifications for the following described improvement: 2018 Pavement Management Program: Northwoods Ave NE (Main St N to Maple St NE), 11th Ave NE ( Elm St NE to Maple St NE), Spruce St NE (College Ave NE to Northwoods Ave NE) and Waller Dr NE (6th Ave NE to Bluff St NE); roadway reconstruction by construction of grading, curb and gutter, draintile installation, bituminous surfacing, storm sewer, water distribution, sanitary sewer, street lighting, landscaping, restoration and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering/Public Works shall prepare and cause to be inserted in the official newspaper, the City of Hutchinson Web-Site and in Finance and Commerce,an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Director of Engineering/Public Works until 8:30 am on Friday, June 22nd, 2018, at which time they will be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator and Director of Engineering/Public Works,will then be tabulated,and the responsibility of the bidders will be considered by the Council at 6:00 pm on Tuesday, June 26th, 2018 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering/Public Works and accompanied by cash deposit,cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 22nd day of May 2018. Mayor: Gary Forcier City Administrator: Matthew Jaunich LJLV 05/02/2018 Project Neiyahborhood Meeting Notice Letting No. 4/Project No. 18-04 2018 Pavement Management Program Tuesday, May 15' ♦ 7:00 to 8:OO PM(brief presentation @ 7:10 PM) Hutchinson City Center (111 Hassan Street SE) PROPOSED STREET IMPROVEMENTS The City of Hutchinson is considering pavement reconstruction/rehabilitation measures on segments of Northwoods Avenue, 11th Avenue NE, Spruce Street and Waller Drive this year to address deficiencies in existing pavement conditions and utility system needs. The street adjacent to your property has been identified as needing repair by the City's Pavement Management Program. Per City staff's review, these roadways are being selected for potential improvements during the 2018 construction season based on the current pavement condition, proximity of project areas, and specific water distribution, sanitary sewer collection and/or storm sewer system upgrades. At this point, these proposed project areas are only being considered and are subject to not being addressed this coming summer/fall depending on City funding limitations and/or City Council action. The majority of the existing street surfacing is significantly deteriorated with substantial cracking/movement along some areas of the proposed improvements. Due to these segments of roadway being in poor condition, preventive maintenance measures are not likely to adequately repair the current surface and are becoming less cost-effective. The proposed improvements to these roadways include administering a possible reconstruction or reclamation method that would primarily include milling/removing the existing pavement, concrete curbing installations/replacements, draintile installations, limited utility work, some sidewalk implementations, street lighting, landscaping/restoration, and new bituminous pavement surfacing. The proposed improvements have shown to be an efficient and cost-effective construction approach. ASSESSMENTS A portion of the total cost of these improvements (50% targeted per City policy) will be assessed to the adjacent private properties on a street-frontage basis. Estimated assessment amounts will be provided at the Neighborhood Meeting. Also, please note that certain property owners may be eligible for deferral of an assessment depending on their age, a defined disability situation, and/or military service status as outlined within Minnesota Statutes and City Policy. Additional information regarding assessment deferral opportunities is available at the Finance Department office (City Center— 111 Hassan St. SE). HEARINGS/PROCESS This Neighborhood Meeting is the first step in the process and, as noted previously, is scheduled to occur Tuesday, May 15t1i. This meeting will be an informal discussion regarding the project with City staff, to review current information regarding what the project is proposed to include and to receive a preliminary estimate of what project special assessments may be. Due to the project being in an early development stage, these estimates are subject to change. This informal discussion will also allow individual questions/comments to be heard and for a general review of the project to occur prior to the first official hearing required by improvement special assessment procedures. The first official hearing, the Public Hearing, is currently scheduled for the City Council meeting on May 22, 2018, at 6:00 PM. This meeting will be televised and is the formal presentation of the proposed project to the City Council. Public input time is included and feedback is welcomed. Approval at this hearing does not mean that the project will be constructed. This will be the point at which a formal decision will be made by the City Council as to whether or not City staff should move on to the next step of completing the plans and specifications and soliciting construction bids for completing the work. The second official hearing, the Assessment Hearing, would be called after receiving the bids (probably sometime in late July or early August). Staff would prepare actual proposed assessments for each property, and send them out in advance of the meeting. Property owners will then be given the opportunity to comment on the merits of both the project and the proposed amount of the assessments. Questions, thoughts and concerns regarding the project or associated assessments would be heard by the City Council, and official action on whether or not to award the work for construction would be taken. To formally contest an assessment, a written/signed objection letter must be provided to the City Administrator prior to or at the Assessment Hearing. This action then allows you, the property owner, to appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment (typically the Assessment Hearing date) and filing such notice with the District Court within ten days after service upon the Mayor or City Administrator. SCHEDULE & CONSTRUCTION ITEMS Construction is anticipated to start in late summer/early fall of 2018. The project should be completed within one construction season (weather dependent). GENERAL INFORMATION Please feel free to contact Kent Exner/City Engineer at 234-4209 or kexnergci.hutchinson.mn.us if you have any questions or comments you would like addressed. We look forward to discussing the proposed project improvements with you. Thank you for your time and consideration! PROJECT / , : i / „ ' MEETING LETUNG 1. 4/PROJECT No. 18-04 i Pavement Management Program May 15, 2018 ♦ 7:00 — 8:00 PM ♦ City Council Chambers Proiect Scope STREET RECONSTRUCTION—Northwoods Avenue NE(Main St N to Maple St NE),11th Avenue NE(Elm St NE to Maple St NE),Spruce Street NE(College Ave NE to Northwoods Ave NE)and Waller Drive NE(6th Ave NE to Bluff St NE);roadway reconstruction by construction of grading,curb and gutter,draintile installation,bituminous surfacing,storm sewer,water distribution,sanitary sewer,street lighting,landscaping,restoration and appurtenances. Estimated Proiect Costs&Funding Estimated Construction Cost $ 1,830,000 Estimated Project Expenses $ 444.300 Estimated Total Project Cost $2,274,300 City Bonding $1,389,300 Improvement Assessments $ 400,000 Wastewater Fund $ 200,000 Water Fund $ 200,000 Stormwater Fund $ 85.000 Estimated Funding $2,274,300 City Pays For ■ Street Rehabilitation—about 50%of pavement,curb replacements,draintile,storm sewer and restoration costs ■ Partial Street Reconstruction—about 50%of pavement,curb installation,draintile,storm sewer and restoration costs ■ Full Street Reconstruction—about 50%of pavement,curb installation,draintile,storm sewer and restoration cost ■ Mill&Overlay—about 50%of pavement,curb replacements,structure adjustments and restoration costs ■ Alley Reconstruction—about 50%of pavement,grading,drainage improvements and restoration costs ■ Sanitary Sewer&Water Main Improvements— 100% Property Owner Pays For ■ Residential/Commercial Streets—about 50%of Street Rehab,Partial Street Recon,Full Street Recon,Mill&Overlay and Alley Recon costs ■ Water/Sanitary Sewer Services-in areas of new main construction(estimated$1500 for 1"water& $1500 for 4"sewer) ■ Proposed Assessment Rates(per City Policy) o Street Rehabilitation $47.50/Frontage Foot o Partial Street Reconstruction $60.00/Frontage Foot o Full Street Reconstruction $72.00/Frontage Foot(prorated-36' street width) o Mill&Overlay $30.00/Frontage Foot ■ Estimated Total Assessment for Typical City Lot(66'width) o Street Rehabilitation w/typical sanitary sewer&water services $7,752.00 ■ NOTES: 1.Methods and amounts of estimated assessments are subject to change. 2.Assessments allocated to properties over a 10 year term(interest rate estimated to be 4 to 6%). HUTCHINSON CITY COUNCIL City ofAa� '7 Request for Board Action 7AL=- M Agenda Item: Public Hearing for Trail & Parking Improvements Project (L10/P18-10) Department: PW/Eng LICENSE SECTION Meeting Date: 5/22/2018 Contact: Kent Exner Application Complete N/A Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Public Hearing Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: City staff will be administering a Public Hearing for the Trail & Parking Improvements project. For your information, a letter regarding the 5th Avenue SE bridge area portion of this project is attached (Elks Park area is the other). Following a brief project overview by City staff and potential public comments, staff will request that the City Council move forward with the final preparation and approval of project plans/specifications. The scheduled bid opening date is Tuesday, June 26th (2:00 PM). 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: $ 229,900.00 Total City Cost: $ 229,900.00 Funding Source: City Bonding Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14899 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 10/PROJECT NO. 18-10 WHEREAS, a resolution of the City Council adopted the 8th day of May 2018, fixed a date for a Council Hearing on the following improvements: Trail&Parking Improvements: 5th Avenue SE Bridge&Elks Park Areas;multi-use trail and on-street parking implementations by construction of grading,aggregate base,concrete curb &gutter, bituminous/concrete surfacing, pavement markings and appurtenances, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the resolution adopted the 24th day of April 2018. 3. Such improvement has no relationship to the comprehensive municipal plan. 4. Kent Exner is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 5. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. Adopted by the Council this 22nd day of May 2018. Mayor: Gary Forcier City Administrator: Matthew Jaunich RESOLUTION NO. 14900 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 10/PROJECT NO. 18-10 WHEREAS,the Director of Engineering/Public Works has prepared plans and specifications for the following described improvement: Trail&Parking Improvements: 5th Avenue SE Bridge&Elks Park Areas;multi-use trail and on-street parking implementations by construction of grading,aggregate base,concrete curb &gutter, bituminous/concrete surfacing, pavement markings and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering/Public Works shall prepare and cause to be inserted in the official newspaper, the City of Hutchinson Web-Site and in Finance and Commerce,an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Director of Engineering/Public Works until 2:00 pm on Tuesday, June 26th, 2018, at which time they will be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator and Director of Engineering/Public Works,will then be tabulated,and the responsibility of the bidders will be considered by the Council at 6:00 pm on Tuesday, July10th, 2018 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering/Public Works and accompanied by cash deposit,cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 22nd day of May 2018. Mayor: Gary Forcier City Administrator: Matthew Jaunich r ti IVew Disco veries Montessori Acao'em .Y IN-VVW.nO"'L1iscnV dries.arty May 11, 2018 Dear Hutchinson City Staff& Hutchinson City Council Members, Please note the following concerns regarding the crosswalk on the east side of the Fifth Avenue Bridge SE. It is my understanding that you have considered extending the paved trail that currently runs to the crosswalk on the east side of the Fifth Avenue Bridge SE, underneath the bridge. It is my understanding that you have also considered enhancing the crosswalk instead,to include flashing signals. Whereas I understand the potential cost savings should you pursue the flashing signals rather than the trail extension, I am genuinely concerned about the safety sacrifice that would result if you fail to extend the trail under the bridge. The reality of the situation is that flashing signals will not prevent injury or death should a vehicle fail to stop when someone is crossing Fifth Avenue. Last fall I submitted a grant on behalf of New Discoveries Montessori Academy to pursue funding through the Safe Routes to School program to cover some of the costs of extending the paved trail underneath the Fifth Avenue Bridge. After submitting the grant I was told by the organization funding the grant that we were not eligible to seek the funding. Also, City staff informed me that the requested grant funding would not be available until 2022 and that the City would hopefully address the trail extension under the Fifth Avenue SE Bridge prior to 2022. When Hutchinson City Staff and the Hutchinson Planning and Zoning Commission were considering the conditional use permit for the school project at 1000 Fifth Avenue SE in 2006 and 2007, there were many concerns raised about the safety factor of having a school at this site. The major concern was the traffic (both size of vehicles and number of vehicles)that travel Fifth Avenue on a daily basis. The size of vehicles, and the volume of traffic have not diminished over time. Although we have discouraged students, families and staff from walking and biking to school due to the safety factor,we are training every student in both pedestrian and bicycle safety. In a day and age when health and wellness are celebrated, it is unfortunate that we cannot offer our 200+students,their families and our staff of 70 a safe pedestrian/bicycle route to and from school. If the trail were extended under the Fifth Avenue Bridge, we would encourage students,families and staff to walk or bike to school. The installation of a flashing signal at the crosswalk will not be sufficient for us to do so. Respectfully, &Alcaa David L. Conrad Executive Director Providing a duality, comprehensive public education within a Montessori Context uric in the Park Alcohol - Google Docs Page 1 o Tuesday May 22nd Music in the Park 2018 will celebrate the 40th anniversary of Hutchinson's Music in the Park. The Hutchinson Area Chamber of Commerce has carried on this tradition over the last 40 years, and now passes the torch to Historic Hutchinson and RiverSong music Festival. Historic Hutchinson and RiverSong music festival care deeply about continuing the rich musical legacy of Hutchinson, and have created a partnership to continue the music in the park tradition. Music has been part of Hutchinson's history since the city was founded by the Singing Hutchinson Brothers in 1855. We think it is important to continue events downtown which connect and include everyone in our community. We wish to grow the experience for our Music in the Park guests by having themed evenings. Our vision includes having 3 over the 2018 season which would include alcohol for sale by Main Street Sports Bar. 2018 June 11th (Music in the Park kickoff) July 9th (RiverSong celebration &Grease) August 6th (Historic Hutchinson end of season and Dirty Dancing) 1. MSSB will card each customer and provide a wrist band. Historic Hutchinson will have 2 volunteers walking around the park checking for wristbands on anyone who appears to be drinking alcohol served by MSSB. 2. MSSB will serve beer,wine and a signature cocktail from 6:15-the end of the show. 3. MSSB does not need a special permit as they are serving in a city park. This is the same for the Event Center and Fairgrounds. 4. MSSB has their own insurance for catering alcohol off site. 5. All profits go to MSSB. 6. The city does not have rules about glass in the park (beer bottles) Our hope is that this will be well received by the community and grow the attendance of Music in the Park. Our goal would be to offer this every Monday night in 2019 along with a theme to enhance the experience and appeal to a wider range of people. Thank you, Valerie Mackenthun Music in the Park Committee ps:l/docs.googic.com/document/d/l OvjXzJFmxuiv2OPgDJkWfMuCy79XgjUmE65YRpHC_nAledit?invite=... 5115120 ■Y (PED RAMP - REMOVE CURB P. INSTALL ADA CURB BITUMINOUS PATCHING - - — _-REMOVE CONCRETE WALK AND VALLEY GUTTER & REPLACE ADA CURB BITUMINOUS PATCHING i I SALVAGE AND INSTALL - -- - --- IANDSCAPE CURB AND ROCK (INCIDENTAL) �\ �tSA _-_ _'PED RAMPPED RAMP LVAGE REMOVE & LIGHTING UNIT INSTALL SIGN CLEAR & GRUB �\ RELOCATE FLAG n [AND STOP in n n ADJUST CURB PED RAMP REMOVE - CONCRETE CURB DESIGN SPECIAL SALVAGE LIGHTING UNIT REMOVE SIGN REMOVE SIGN CONCRETE CURB - CONCRETE WALK ----REMOVE AND VALLEY GUTTER & ----- - \\ REPLACE ADA CURB 3F22, SPEC 2531 REMOVE CURB & BITUMINOUS PATCHING INSTALL ADA CURB v JVEHICLEIRE ID BITUMINOUS PATCHING -1.5% TRAIL SIDE I I 1 I i_lyGa"'., ft < tra -ft, , - CONCRETE CURB DESIGN SPECIAL SALVAGE LIGHTING UNIT REMOVE SIGN REMOVE SIGN CONCRETE CURB DESIGN SPECIAL 3F22, SPEC 2531 -p ;p PARKING v JVEHICLEIRE ID -1.5% TRAIL SIDE I I RE D O < Co Q0 3 0 UP TO $200 FINE r FOR VIOLATION VAN ACCESSIBLE CLEAR & GRUB II CITY TO WORK WITH PROPERTY ADJUST GAS OWNER TO OBTAIN PERMISSION VALVE TO TRIM AND PRUNE PINE TREE ADJUST REMOVE j MANHOLE rSIGN /CLEAR& GRUB (PRIVATE TREE) NO. BY DATE REVISIONS I HEARBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR SHERWOOD ST. SE 9' WIDE TRAIL -CONCEPT DESIGNED BY: XX SHEET DRAWN BY: XX UNDER MY DIRECT SURERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA /�y� APPROVED BY: KE 3� BIT / 8" CL5 ON FABRIC SCALE FEET SIGNATURE: DATE: X—XX—XX Of 900 OF TRAIL END TO END � PRINTED NAME: KENT EXNER LIC. NO. 42907 A WATER POND 4' CONCRETE WALK CLEARING do GRUBBING AREA ' / / \ TYPICAL SECTION 6' SIDEWALK DETAIL B 4' CONCRETE PAVEMENT 3F52 8' AGGREGATE BASE CLASS 5 SPEC 2211 COMPACTED SUBGRADE SPEC 2105 AND 2112 CROSS SLOPE 1.5% TO THE RIGHT 0+00 TO 1+34 CROSS SLOPE 1.5% TO THE LEFT 1+34 TO 2+66 6' ,1' SHLD BITUMINOUS TRAIL MAXIMUM MAXIMUM 1:3 I II 1:3 DETAIL B BITUMINOUS TRAIL NO. BY DATE REVISIONS I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR SHEET DRAWN BY: CM UNDER MY DIRECT SURERVISION AND THAT I AM A DULY LICENSED-" TRAIL IMPROVEMENTS CONSTRUCTION PLAN & PROFILE DESIGNED BY: CM PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA /y/�wL SPUR SEGMENT D 4° 10 SIGNATURE: DATE: APPROVED BY: KE X XX XX _^J J LETTING NO. 10 SCALE FEET OF PRINTED NAME: KENTON EXNER LIC. NO. 42907 CITY PROJECT 18-10 10 y , Wy cP W� i CLEARING & RUBBING AREA /100' 1+00 \ *o / 10.00'` \� GRADING LIMITS PLACE 30 CY OF i RANDOM RIPRAP CLASS SPECIAL % UNDER BRIDGE ALONG TRAIL (FIELD STONE) CLEARING & GRUBBING AREA / x � STORM WATER POND W�\Wj \ W� \ W� W� \ W� \ W'\ivy� \ \ � ky CLEARING & GRUBBING AREA wm REMOVE EXISTING BITUMINOUS UNDER BRIDGE (60 SQ YD) DRAWN BY: CM DESIGNED BY: CM APPROVED BY: KE N0. I BY I DATE REVISIONS I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SURERVISION AND THAT I AM A DULY LICENSED-" PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA SIGNATURE: DATE: X XX XX PRINTED NAME: KENTON EXNER LIC. NO. 42907 � 6' CONCRETE & PED RAMP SHEET 0' 10 y , Wy cP W� i CLEARING & RUBBING AREA /100' 1+00 \ *o / 10.00'` \� GRADING LIMITS PLACE 30 CY OF i RANDOM RIPRAP CLASS SPECIAL % UNDER BRIDGE ALONG TRAIL (FIELD STONE) CLEARING & GRUBBING AREA / x � STORM WATER POND W�\Wj \ W� \ W� W� \ W� \ W'\ivy� \ \ � ky CLEARING & GRUBBING AREA wm REMOVE EXISTING BITUMINOUS UNDER BRIDGE (60 SQ YD) DRAWN BY: CM DESIGNED BY: CM APPROVED BY: KE N0. I BY I DATE REVISIONS I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SURERVISION AND THAT I AM A DULY LICENSED-" PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA SIGNATURE: DATE: X XX XX PRINTED NAME: KENTON EXNER LIC. NO. 42907 � TRAIL IMPROVEMENT LETTING N0. 10 CITY PROJECT 18-10 CONSTRUCTION PLAN & PROFILE O 40 SCALE FEET SHEET 0' 10 . ESTIMATED COST LINE NO. ITEM NO. ITEM DESCRIPTION UNIT TOTAL PROJECT QUANTITIES Sherwood Street trail and Parking 5th Avenue Trail South Segment 430 LF 5th Avenue Trail North Segment 160 LF 5th Avenue 6' CONCRETE WALK UNIT PRICE EST QTY AMOUNT EST QYT AMOUNT EST QYT AMOUNT EST QYT AMOUNT EST QYT AMOUNT 1 2021.501 MOBILIZATION LUMP SUM $8,500.00 1 $8,500.00 0.3 $2,550.00 0.2 $1,700.00 0.3 S2,550.00 0.2 $1,700.00 2 2101.501 CLEARING ACRE $7,500.00 0.8 $6,000.00 0 $0.00 0.6 $4,500.00 0.1 S750.00 0.1 $750.00 3 2101.502 CLEARING TREE $300.00 4 $1,200.00 4 $1,200.00 $0.00 S0.00 $0.00 4 2101.506 GRUBBING ACRE $7,500.00 0.8 $6,000.00 0 $0.00 0.6 S4,500.00 0.1 $750.00 0.1 $750.00 5 2101.507 GRUBBING TREE $300.00 4 $1,200.00 4 $1,200.00 50.00 $0.00 $0.00 6 2104.501 REMOVE CURB AND GUTTER LIN FT $4.00 200 $800.00 200 S800.00 S0.00 $0.00 $0.00 7 2104.501 REMOVE CONCRETE GUTTER LIN FT $8.00 200 $1,600.00 200 S1,600.00 S0.00 $0.00 $0.00 8 2104.503 REMOVE CONCRETE WALK SQ FT $2.00 400 $800.00 400 $800.00 S0.00 $0.00 $0.00 9 2104.505 REMOVE BITUMINOUS PAVEMENT SQ YD $8.00 160 $1,280.00 100 S800.00 S0.00 60 $480.00 $0.00 10 2104.509 REMOVE SIGN EACH $150.00 4 $600.00 4 S600.00 S0.00 $0.00 $0.00 11 2104.513 SAWING BITUMINOUS PAVEMENT(FULL DEPT LIN FT $4.00 450 $1,800.00 450 $1,800.00 S0.00 $0.00 $0.00 12 2104.523 SALVAGE CASTING EACH $175.00 1 $175.00 1 $175.00 $0.00 $0.00 $0.00 13 2104.523 SALVAGE SIGN EACH $100.00 2 $200.00 2 S200.00 $0.00 $0.00 $0.00 14 2104.523 SALVAGE LIGHTING UNIT EACH $750.00 2 $1,500.00 2 S1,500.00 S0.00 $0.00 $0.00 15 2105.501 COMMON EXCAVATION CU YD $24.00 1019 $24,456.00 417 $10,008.00 358 $8,592.00 140 S3,360.00 104 $2,496.00 16 2105.507 SUBGRADE EXCAVATION CU YD $19.50 100 $1,950.00 65 $1,267.50 25 $487.50 10 $195.00 $0.00 17 2105.523 COMMON BORROW C CU YD $14.00 266 $3,724.00 $0.00 $0.00 $0.00 266 $3,724.00 18 2105.604 GEOTEXTILE FABRIC TYPE 5 SQ YD $1.75 2140 $3,745.00 1250 S2,187.50 640 S1,120.00 250 $437.50 $0.00 19 2112.604 SUBGRADE PREPARATION SQ YD $2.00 2347 $4,694.00 1250 $2,500.00 640 $1,280.00 250 $500.00 207 $414.00 20 2211.503 AGGREGATE BASE CLASS 5 CU YD $34.00 566 $19,244.00 280 $9,520.00 170 55,780.00 70 $2,380.00 46 $1,564.00 21 2360.503 'TYPE SP 9.5 WEARING COURSE MIXTURE 2,B 1.5" THICK SQ YD $8.00 321 $2,568.00 321 S2,568.00 S0.00 $0.00 $0.00 22 2360.503 TYPE SP 12.5 NON WEARING COURSE MIXTURE (2,B) 2.0" THICK SQ YD $12.00 321 $3,852.00 321 $3,852.00 $0.00 $0.00 $0.00 23 2360.503 TYPE SP 9.5 WEARING COURSE MIXTURE 2,B 3.0" THICK SQ YD $19.75 1463 $28,894.25 710 $14,022.50 542 $10,704.50 211 $4,167.25 $0.00 24 2360.503 TYPE SP 9.5 WEARING COURSE MIXTURE FOR PATCHING 2,B 4.0" THICK SQ YD $34.00 195 $6,630.00 195 $6,630.00 $0.00 $0.00 $0.00 25 2504.602 ADJUST CURB STOP EACH $300.00 1 S300.00 1 $300.00 $0.00 $0.00 $0.00 26 2504.602 ADJUST VALVE BOX -GAS EACH $300.00 1 $300.00 1 S300.00 S0.00 $0.00 $0.00 27 2506.516 CASTING ASSEMBLEY EACH $950.00 1 $950.00 1 $950.00 $0.00 $0.00 $0.00 28 2506.522 ADJUST FRAME AND RING CASTING EACH $750.00 2 $1,500.00 2 51,500.00 S0.00 $0.00 $0.00 29 2511.501 RANDOM RIPRAP CLASS SPECIAL IELD STONE 6"-12" CU YD $50.00 30 $1,500.00 $0.00 S0.00 30 $1,500.00 $0.00 30 2521.501 4" CONCRETE WALK SQ FT $5.50 1592 $8,756.00 $0.00 S0.00 $0.00 1592 $8,756.00 31 2521.501 6" CONCRETE WALK SQ FT 1 $12.00 760 $9,120.00 650 $7,800.00 110 $1,320.00 $0.00 $0.00 32 2531.501 CONCRETE CURB AND GUTTER DESIGN B618 LIN FT $18.00 315 $5,670.00 315 $5,670.00 50.00 $0.00 $0.00 33 2531.502 CONCRETE CURB DESIGN SPECIAL LIN FT $18.00 195 53,510.00 195 $3,510.00 S0.00 $0.00 $0.00 34 2531.604 8" CONCRETE VALLEY GUTTER SQ YD $76.00 80 $6,080.00 80 $6,080.00 $0.00 $0.00 $0.00 35 2531.618 TRUNCATED DOMES SQ FT $36.00 108 $3,888.00 88 $3,168.00 20 $720.00 $0.00 $0.00 36 2545.602 INSTALL LIGHT POLE EACH $700.00 2 $1,400.00 2 $1,400.00 S0.00 $0.00 $0.00 37 2563.601 1 TRAFFIC CONTROL LUMP SUM $600.00 1 $600.00 0.7 $420.00 0.1 S60.00 0.1 $60.00 0.1 $60.00 38 2564.531 SIGN PANELS TYPE C SQ FT $100.00 8 $800.00 8 $800.00 50.00 $0.00 $0.00 39 2564.602 INSTALL SIGN EACH $250.00 2 $500.00 2 $500.00 $0.00 $0.00 $0.00 10 2573.530 STORM DRAIN INLET PROTECTION EACH $125.00 1 $125.00 1 S125.00 50.00 $0.00 $0.00 11 2574.525 COMMON TOPSOIL BORROW CU YD $38.00 345 $13,110.00 85 S3,230.00 120 S4,560.00 50 $1,900.00 90 $3,420.00 -12 2575.501 SEEDING ACRE $6,000.00 1.5 $9,000.00 0.2 $1,200.00 1.0 $6,000.00 0.1 $600.00 0.2 $1,200.00 -13 2582.502 4" SOLID LINE WHITE LIN FT $2.25 590 $1,327.50 590 $1,327.50 $0.00 $0.00 $0.00 11 2582.502 PAVEMENT MESSAGE SQ FT $10.00 40 $400.00 40 $400.00 S0.00 $0.00 $0.00 SUB -TOTAL $104,461.00 $51,324.00 $19,629.75 $24,834.00 ESTIMATED CONSTRUCTION $200,248.75 HUTCHINSON CITY COUNCIL City ofAa� '7 Request for Board Action 7AL=- M Agenda Item: 1st Reading of Revisions to Right-of-Way Ordinance Chapter 90 Department: PW/WW LICENSE SECTION Meeting Date: 5/22/2018 Contact: Kent Exner/John Paulson Application Complete N/A Agenda Item Type: Presenter: John Paulson Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: At the April 17 Planning Commission Meeting there was a Public Hearing to receive comments on proposed changes to Chapter 90 Right-of-Way Ordinance. Comments were received from 2 parties and considered by staff when drafting the current language being considered. The Right-of-Way Ordinance was revised and received favorable recommendation of approval at the May 15th, 2018, Planning Commission Meeting. There were 4 additional comments received at the Planning Commission meeting and 2 changes were made to address 2 of the comments. Staff will provide an update on the other comments received at the meeting that staff felt did not warrant further revision. City staff has been administering an effort to revise the City's Right-of-Way Ordinance, Chapter 90, relating to the use of small cell technologies. These changes are in response to Minnesota Legislation that was adopted during the 2017 session requiring cities to accommodate small cell use of the right-of-way. The current Chapter 90 would be repealed and replaced with the proposed Right-of-Way Ordinance. The existing language from Chapter 90 was incorporated into the League of Minnesota Cities Model Right-of-Way Ordinance. The LMC Model included proposed small cell language that complies with the 2017 small cell legislation. If no revisions to the ordinance is needed, City staff requests that the second reading of this ordinance occur at the June 12th meeting. City staff will be available to answer any questions that you may have. BOARD ACTION REQUESTED: 1st reading of Right-of-Way Ordinance revisions. 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: ORDINANCE NO. 18-0783 AN ORDINANCE TO ENACT A NEW CHAPTER OF THE CODE OF ORDINANCES TO ADMINISTER AND REGULATE THE PUBLIC RIGHTS-OF-WAY IN THE PUBLIC INTEREST,AND TO PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGHT-OF-WAY PERMITS. THE CITY COUNCIL OF THE CITY OF HUTCHINSON,MINNESOTA ORDAINS: Chapter 90 of the Code of Ordinances is hereby repealed in its entirety, and is replaced by the following new Chapter 90 to read as follows: CHAPTER 90 RIGHT-OF-WAY MANAGEMENT § 90.01. Findings, Purpose, and Intent. To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way, the City strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. Accordingly, the City hereby enacts this new chapter of this code relating to right-of-way permits and administration. This chapter imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this chapter,persons excavating and obstructing the rights-of-way will bear financial responsibility for their work. Finally, this chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-way. This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in Minnesota Statutes Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act") and 2017 Session Laws, Chapter 94 amending the Act and the other laws governing applicable rights of the City and users of the right-of-way. This chapter shall also be interpreted consistent with Minnesota Rules 7819.0050 7819.9950 and Minnesota Rules Chapter 7560 where possible. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This chapter shall not be interpreted to limit the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. § 90.02. Election to Manage the Public Rights-of-Way Pursuant to the authority granted to the City under state and federal statutory, administrative and common law, the City hereby elects,pursuant Minn. Stat. 237.163 subd. 2(b), to manage rights-of-way within its jurisdiction. § 90.03. Definitions. The following definitions apply in this chapter of this code. References hereafter to "sections" are, unless otherwise specified, references to sections in this chapter. Defined terms remain defined terms, whether or not capitalized. Abandoned Facility. A facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user. Applicant. Any person requesting permission to excavate, obstruct, or operate a small wireless facility in a right-of-way. City. The City of Hutchinson, Minnesota. For purposes of Section 90.28, City also means the City's elected officials, officers, employees and agents. City Engineer. The City Engineer of the public works department of the City, or his or her designee. Collocate or Collocation. To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the City or other governmental unit to minimize obstructions and impacts in the Right-of-Way. Commission. The State Public Utilities Commission. Congested Right-of-Way. A crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes, section 216D.04 subdivision 3, over a continuous length in excess of five hundred(500) feet. Department. The department of public works of the City. Emergency. A condition that: (A)poses a danger to life or health, or of a significant loss of property; or (B)requires immediate repair or replacement of facilities in order to restore service to a customer. Equipment. Any tangible asset used to install, repair, or maintain facilities in any right-of-way. Excavate. To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. Excavation permit. The permit which,pursuant to this chapter, must be obtained before a person may excavate in a right-of-way. An Excavation permit allows the holder to excavate that part of the right-of-way described in such permit. Excavation permit fee. Money paid to the City by an applicant to cover the costs as provided in Section 90.13. Facility or Facilities. Any tangible asset in the right-of-way required to provide Utility Service. Hole. An excavation in the pavement, with the excavation having a length less than the width of the pavement. Local Representative. A local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this chapter. Management Costs. The actual costs the City incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right- of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of- way or small wireless facility permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable fees of a third-party contractor used by the City including fees tied to or based on customer counts, access lines, or revenues generated by the telecommunications right-of-way user, or for the City, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minnesota Statutes Sections 237.162 or 237.163; or any ordinance enacted under those sections, or the City fees and costs related to appeals taken pursuant to Section 90.31 of this chapter. Micro Wireless Facility. A small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. Obstruct. To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Obstruction Permit. The permit which, pursuant to this chapter, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein. Obstruction Permit Fee. Money paid to the City by a permittee to cover the costs as provided in Section 90.13 Patch or Patching. A method of pavement replacement that is temporary in nature. A patch consists of: (A)the compaction of the subbase and aggregate base, and (B)the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. Pavement. Any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. Permit. Has the meaning given "right-of-way permit" in Minnesota Statutes, section 237.162. Permittee. Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the City under this chapter. Person. An individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. Registrant. Any person who: (A)has or seeks to have its equipment or facilities located in any right-of-way, or (B)in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way. Restore or Restoration. The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. Restoration Cost. The amount of money paid to the City by a permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission rules. Public Right-of-Way or Right-of-Way. The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, multi-use trail or public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the City. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other nonwire telecommunications or broadcast service. Right-of-Way Permit. Either the excavation permit or the obstruction permit, or both, depending on the context, required by this chapter. Right-of-Way User. (A)A telecommunications right-of-way user as defined by Minnesota Statutes, section 237.162, subd. 4; or (B)a person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, ordinance, or as authorized by the City to use the public right-of-way. Service or Utility Service. Includes: (A)those services provided by a public utility as defined in Minn. Stat. 216B.02, subds. 4 and 6; (B)services of a telecommunications right-of-way user, including transporting of voice or data information; (C)services of a cable communications systems as defined in Minn. Stat. Chapter. 238; (D)natural gas or electric energy or telecommunications services provided by the City; (E) services provided by a cooperative electric association organized under Minn. Stat., Chapter 308A; and (F) water, and sewer, including service laterals, steam, cooling or heating services. Service Lateral. An underground facility that is used to transmit, distribute or furnish gas, electricity, communications, or water from a common source to an end-use customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises. Small Wireless Facility. (A)A wireless facility that meets both of the following qualifications: (1,) each antenna is located inside an enclosure of no more than six (6) cubic feet in volume or could fit within such an enclosure; and all other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than twenty eight(28) cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment,power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment. (B)A micro wireless facility. Supplementary Application. An application made to excavate or obstruct more of the right- of-way than allowed in, or to extend, a permit that had already been issued. Temporary Surface. The compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the City's two-year plan, in which case it is considered full restoration. Trench. An excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. Telecommunications Right-of-Way User. A person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way that is used or is intended to be used for providing wireless service, or transporting telecommunication or other voice or data information. For purposes of this chapter, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural gas or electric energy services, a public utility as defined in Minn. Stat. Sec. 21613.02, a municipality, a municipal gas or power agency organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric association organized under Minn. Stat. Chap. 308A, are not telecommunications right-of-way users for purposes of this chapter except to the extent such entity is offering wireless service. Utility Pole. A structure that is: (A)owned or operated by: (1) a public utility; (2) a communications service provider; (3) a municipality; (4) an electric membership corporation; or (5) a rural electric cooperative; (B)and is designed and used to: (1) carry lines, cables, or wires for telephone, cable television, or electricity; or (2) provide lighting. Wireless Facility. Equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including equipment associated with wireless service, a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and a small wireless facility, but not including wireless support structures, wireline backhaul facilities, or cables between utility poles or wireless support structures, or not otherwise immediately adjacent to and directly associated with a specific antenna. Wireless Service. Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including cable service. Wireless Support Structure. A new or existing structure in a right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the City. § 90.04 Administration. The City Engineer is the principal City official responsible for the administration of the rights-of- way, right-of-way permits, and the ordinances related thereto. The City Engineer may delegate any or all of the duties hereunder. § 90.05. Registration and Right-of-Way Occupancy. (A)Registration. Each person who occupies or uses, or seeks to occupy or use, the right-of- way or place any equipment or facilities in or on the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the City. Registration will consist of providing application information (B)Registration Prior to Work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof, in any right-of-way without first being registered with the City. (C)Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a City ordinance permitting persons to: (1) Plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this chapter. However, nothing herein relieves a person from complying with the nuisance provisions of Hutchinson City Code or Minn. Stat. Chap. 2161), Gopher One Call Law. (2) Enter into a franchise agreement with the City. § 90.06. Registration Information. (A)Information Required. The information provided to the City at the time of registration shall include, but not be limited to: (1) Each registrant's name, Gopher One-Call registration certificate number, address and e-mail address, if applicable, and telephone and facsimile numbers. (2) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (3) A certificate of insurance or self-insurance: (a) Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self-insurance acceptable to the City; (b) Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the; (i) use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the right-of-way by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property; (c) Naming the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; (d) Requiring that the City be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; and (e) Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the City in amounts sufficient to protect the City and the public and to carry out the purposes and policies of this chapter. (f) The City may require a copy of the actual insurance policies. (g) If the person is a corporation, a copy of the certificate is required to be filed under Minn. Stat. Sec. 300.06 as recorded and certified to by the Secretary of State. (h) A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other authorization or approval from the applicable state or federal agency to lawfully operate, where the person is lawfully required to have such authorization or approval from said commission or other state or federal agency. (B)Notice of Changes. The registrant shall keep all of the information listed above current at all times by providing to the City information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change. § 90.07. Permit Requirement. (A)Permit Required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way, or install or place facilities in the right-of-way, without first having obtained the appropriate right-of-way permit from the City to do so. It is a misdemeanor to construct or reconstruct a sidewalk, curb and gutter, driveway, roadway surfacing, small wireless facilities, or place obstructions in any street or other public property in the City without a permit. (1) Right-of-Way Excavation Permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. (2) Right-of-Way Obstruction Permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (3) Right-of-Way Small Wireless Facility Permit. A small wireless facility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion of the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. (B)Permit Exceptions. A right-of-way permit is not required for: (1) A City employee acting within the course and scope of his or her employment; (2) A contractor acting within the course and scope of a contract with the City; or (3) A franchisee acting within the course and scope of its franchise from the City or other permission or authorization from the City. (C)Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless (1) such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and (2) a new permit or permit extension is granted. (D)Permit Display. Permits issued under this chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the City. § 90.08. Permit Applications. Application for a permit is made to the City. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with, the requirements of the following provisions: (A)Registration with the City pursuant to this chapter; (B) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities. (C)Payment of money due the City for: (1) permit fees, estimated restoration costs and other management costs; (2) prior obstructions or excavations; (3) any undisputed loss, damage, or expense suffered by the City because of applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the City; (4) franchise fees, collocation fees, or other charges, if applicable. § 90.09. Issuance of Permit; Conditions. (A)Permit Issuance. If the applicant has satisfied the requirements of this chapter, the City shall issue a permit. (B) Conditions. The City may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. In addition, a permittee shall comply with all requirements of local, state and federal laws, including but not limited to Minnesota Statutes §§ 216D.01 - .09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. (C)Small Wireless Facility Conditions. In addition to (B) Conditions above, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions: (1) A small wireless facility shall only be collocated on the particular wireless support structure,under those attachment specifications, and at the height indicated in the applicable permit application. (2) No new wireless support structure installed within the right-of-way shall exceed fifty (50) feet in height without the City's written authorization,provided that the City may deny a permit to protect the public health, safety and welfare or to protect the right-of-way and its current use, and further provided that a registrant may replace an existing wireless support structure exceeding fifty (50) feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit. (3) No wireless facility may extend more than ten (10) feet above its wireless support structure. (4) Where an applicant proposes to install a new, or replace an existing utility pole for use as a wireless support structure in the right-of-way, the City may impose separation requirements between such structure and any existing wireless support structure or other facilities in the right-of-way. (5) Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, the City may impose reasonable requirements to accommodate the particular design, appearance or intended purpose of such structure. (6) Where an applicant proposes to install a new or replacement wireless support structure, the City may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure. (7) Maintenance and Modifications (a) Coordination of Maintenance and Equipment Upgrade Activities - Prior to telecommunication right-of-way user engaging in planned or routine maintenance activities, or equipment upgrades with equipment that is substantially similar or smaller in size, weight, height, and wind or structural loading concerning small wireless facility equipment attached to a City, County, or Utility owned pole, telecommunication right-of-way user shall provide twenty (20) days advance notice to the City in order to coordinate such maintenance activities or other public safety functions. Such twenty (20) day advance notice shall not be required in the case of an emergency. (b) Prior to making any other modifications to the small wireless facility described in Section 7 (A) above, other than maintenance and repair of site specific small wireless facility equipment as provided in the Small Wireless Facility Collocation Agreement, telecommunication right-of-way user shall file a Right-of-Way Small Wireless Facility Permit Application with the City describing the proposed modifications. The City shall review the Right-of-Way Small Wireless Facility Permit Application pursuant to the terms and conditions in the Small Wireless Facility Collocation Agreement, and if approved such Right-of-Way Small Wireless Facility Permit Application shall be attached as an Exhibit and made a part thereto. Any additional site modifications shall be incorporated thereto in the same manner. (8) All Small Wireless Facility installations within a historic district shall be stealth installations subject to the review of the Minnesota State Historic Preservation Office (SHPO) in order to satisfy that the installations are compatible with the regulations applicable to the district. Telecommunications right-of-way users shall implement design concepts, and the use of camouflage or stealth materials, as necessary in order to achieve compliance with SHPO review, the City's and other applicable regulations as amended. Prior to submitting a Right-of-Way Small Wireless Facility Permit Application for an installation proposed in a historic district, the applicant shall meet with SHPO to discuss any potential design modifications appropriate for the installation. (9) All Small Wireless Facility installations within the right-of-way shall be allowed in all zoning districts, except that an applicant may only install a new wireless support structure by conditional use permit in the following zoning districts: (a) R-1, single-family residential; (b) R-2, medium density residential; (c) R-3, medium-high density residential; (d) R-4, high density residential; (D)Small Wireless Facility Collocation Agreement. A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the City, or any other City asset in the right-of-way, after the applicant has executed a standard small wireless facility collocation agreement with the City. The standard collocation agreement may require fees in accordance with M.S. §237.162, Subd. 6(g) and the City fee schedule as they may be amended from time to time, and: (1) Up to $150 per year for rent to collocate on the City structure. (2) $25 per year for maintenance associated with the collocation; (3) A monthly fee for electrical service as follows: (a) $73 per radio node less than or equal to 100 maximum watts; (b) $182 per radio node over 100 maximum watts; or (c) The actual costs of electricity, if the actual cost exceed the foregoing. The standard collocation agreement shall be in addition to, and not in lieu of, the required right-of-way small wireless facility permit,provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a right-of-way small wireless facility permit does not supersede, alter or affect any then- existing agreement between the City and applicant, § 90.10 Action on Right-of-Way Small Wireless Facility Permit Applications. (A)Deadline for Action. The City shall approve or deny a right-of-way small wireless facility permit application within ninety (90) days after filing of such application. The right-of-way small wireless facility permit, and any associated building permit application, shall be deemed approved if the City fails to approve or deny the application within the review periods established in this section. (B) Consolidated Applications. An applicant may file a consolidated right-of-way small wireless facility permit application addressing the proposed collocation of up to fifteen (15) small wireless facilities, or a greater number if agreed to by the City,provided that all small wireless facilities in the application: (1) are located within a two-mile radius; (2) consist of substantially similar equipment; and (3) are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, the City may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. § 90.11. Permit Fees. (A)Excavation Permit Fee. The City shall impose an excavation permit fee in an amount sufficient to recover management costs. (B)Obstruction Permit Fee. The City shall impose establish an obstruction permit fee in an amount sufficient to recover management costs. (C)Small Wireless Facility Permit Fee. The City shall impose a small wireless facility permit fee in an amount sufficient to recover: (1) management costs, and; (2) City engineering, make-ready, and construction costs associated with collocation of small wireless facilities. (D)Payment of Permit Fees. No right of way permit shall be issued without payment of all applicable permit fees. The City may allow applicant to pay such fees within thirty (30) days of billing. (E)Non Refundable. Permit fees that were paid for a permit that the City has revoked for a breach as stated in Section 90.23 are not refundable. (F)Application to Franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right- of-way user in the franchise. § 90.12. Right-of-Way Patching,Restoration, and Construction (A)Timing. The work to be done under the right-of-way permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under Section 90.17. (B)Patch and Restoration. Permittee shall patch its own work. The City may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. (1) City Restoration. If the City restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. Upon receipt of the Right-of-Way Permit Application, the City Engineer shall cause investigation to be made as he or she may deem necessary to determine estimated cost of repair, such as backfilling, compacting, resurfacing and replacement, and the conditions as to the time of commencement of work, manner of procedure and time limitation upon the excavation. The foregoing estimated costs shall include permanent and temporary repairs due to weather or other conditions, and the cost of the investigation shall be included in the estimate. Payment of the estimated costs shall be made before the permit is issued. If, following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the City, within thirty (30) days of billing, all costs associated with correcting the defective work. (2) Permittee Restoration. If the permittee restores the right-of-way itself, all construction and reconstruction of roadway surfacing, sidewalk and curb and gutter improvements, including curb cuts, shall be strictly in accordance with specifications and standards on file in the office of the City Engineer and open to inspection and copying there. The specifications and standards may be amended from time to time by the City, but shall be uniformly enforced. (C)Sidewalk, Curb and Gutter; Construction. Methods of procedure: (1) Primary responsibility. It is the primary responsibility of the owner of property upon which there is abutting any sidewalk to keep and maintain that sidewalk in safe and serviceable condition. (2) Notice; no emergency. Where, in the opinion of the City Engineer, no emergency exists, notice of the required repair or reconstruction shall be given to the owner of the abutting property. The notice shall require completion of the work within ninety (90) days, and shall be mailed to the owner or owners shown to be owners on the records of the county officer who mails tax statements. (3) Notice; emergency. Where, in the opinion of the City Engineer, an emergency exists, notice of the required repair or reconstruction shall be given to the owner of the abutting property. The notice shall require completion of the work within ten days, and shall be mailed to the owner or owners shown to be owners on the records of the county officer who mails tax statements. (4) Failure of owner to reconstruct or make repairs. If the owner of the abutting property fails to make repairs or accomplish reconstruction as herein required, the City Engineer shall report that failure to the Council and the Council may order the work to be done under its direction and the cost thereof assessed to the abutting property owner as any other special assessment. (5) Abutting or affected property owners may contract for, construct or reconstruct roadway surfacing, sidewalk or curb and gutter in accordance with this section if advance payment is made therefor or arrangements for payment considered adequate by the City are completed in advance. (6) With or without petition by the methods set forth in the Local Improvement Code of Minnesota Statutes, M.S. Ch. 429, as it may from time to time be amended. (D)Curb Setback. (1) Permit required. It is a misdemeanor for any person to hereafter remove, or cause to be removed, any curb from its position abutting upon the roadway to another position without first making application to the Council and obtaining a permit therefor. (2) Agreement required. (a) No permit shall be issued until the applicant, and the abutting landowner if other than the applicant, shall enter into a written agreement with the City agreeing to pay all costs of constructing and maintaining the setback area in at least as good condition as the abutting roadway, and further agreeing to demolish and remove the setback and reconstruct the area to its previous condition at the expense of the landowner, or his or her heirs or assigns, if the area ever, in the City's opinion, becomes a public hazard. (b) This agreement shall be recorded in the office of the County Recorder, and shall run with the adjoining land. (3) Signposting. "Angle Parking Only" signs shall be purchased from the City and erected and maintained at the expense of the adjoining landowner in all setback areas of this type now in use or hereafter constructed. It is unlawful for any person to park other than at an angle in these setback areas, as angle parking is described and allowed in this code of ordinances. (4) Public rights preserved. Setback parking areas shall be kept open for public parking, and the abutting landowner shall at no time acquire any special interest or control of or in these areas. (E)Standards. The permittee shall perform excavation, backfilling,patching and restoration according to the standards and with the materials specified by the City and shall comply with Minnesota Rule 7819.1100. (F) Duty to Correct Defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. The permittee upon notification from the City, shall correct all restoration work to the extent necessary, using the method required by the City. Said work shall be completed within five (5) calendar days of the receipt of the notice from the City, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable under Section 90.17. (G)Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the City, or fails to satisfactorily complete all restoration required by the City in a timely manner, the City at its option may do such work. In the event that work is not performed in accordance therewith, or shall cease or be abandoned without due cause, the City may, after giving notice to the holder of the permit of its intention to do so, correct the work, fill the excavation and repair the public property, and the cost thereof shall be paid by the person holding the permit. (H)Cost Adjustment. Within sixty (60) days following completion of the permanent repairs, the City Engineer shall determine actual costs of repairs, including cost of investigation, and prepare and furnish to the permit holder an itemized statement thereof and claim additional payment from, or make refund(without interest) to, the permit holder, as the case may be. (I) Alternate Method of Charging. In lieu of the above provisions relating to cost and cost adjustment for street openings, the City may charge on the basis of surface square feet removed, excavated cubic feet or a combination of surface square feet and excavated cubic feet, on an established unit price uniformly charged. § 90.13.Joint Applications. (A)Joint application. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time. (B)Shared fees. Registrants who apply for permits for the same obstruction or excavation, which the City does not perform, may share in the payment of the obstruction or excavation permit fee. In order to obtain a joint permit, registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. (C) With City projects. Registrants who join in a scheduled obstruction or excavation performed by the City, whether or not it is a joint application by two or more registrants or a single application, are not required to pay the excavation or obstruction and degradation portions of the permit fee, but a permit would still be required. § 90.14. Supplementary Applications. (A)Limitation on Area. A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area(i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. (B)Limitation on Dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. § 90.15. Other Obligations. (A) Compliance with Other Laws. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the City or other applicable rule, law or regulation. A permittee shall comply with all requirements of local, state and federal laws, including but not limited to Minnesota Statutes, Section 216D.01-.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work. (B)Prohibited Work. Except in an emergency, and with the approval of the City, no right-of- way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. (C)Interference with Right-of-Way. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with City parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. (D)Trenchless excavation. As a condition of all applicable permits,permittees employing trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in Minnesota Statutes Chapter 216D and Minnesota Rules Chapter 7560 and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the City Engineer. (E) Obstructions in Right-of-Way. It is a misdemeanor for any person to place, deposit, display or offer for sale, any fence, goods or other obstructions upon, over, across or under any street without first having obtained a written permit from the Council, and then only in compliance in all respects with the terms and conditions of that permit, and taking precautionary measures for the protection of the public. An electrical cord or device of any kind is hereby included, but not by way of limitation, within the definition of an obstruction. (1) Fires. It is a misdemeanor for any person to build or maintain a fire upon a right-of- way. (2) Dumping in Streets. (a) It is a misdemeanor for any person to throw or deposit in any street any nails, dirt, glass or glassware, cans, discarded cloth or clothing, metal scraps, garbage, leaves, grass or tree limbs, paper or paper products, shreds or rubbish, oil, grease or other petroleum products, or to empty any water containing salt or other injurious chemical thereon, except for leaves raked into the gutter line specifically for and in compliance with a municipal leaf pick up program. (b) It is a violation of this section to haul any material of this type, inadequately enclosed or covered, thereby permitting the same to fall upon streets. (c) It is also a violation of this section to place or store any building materials or waste resulting from building construction or demolition on any street without first having obtained a written permit from the City. (3) Signs and Other Structures. It is a misdemeanor for any person to place or maintain a sign, advertisement or other structure in any street without first having obtained a written permit from the City. In a district zoned for commercial or industrial enterprises, special permission allowing an applicant to erect and maintain signs overhanging the street may be granted upon terms and conditions as may be set forth in the zoning or construction provisions in Title XV of this code of ordinances. (4) Placing Snow or Ice in a Roadway or on a Public Sidewalk or Trail. (a) It is a misdemeanor for any person not acting under a specific contract with the City, or without special permission from the City Administrator, to remove snow or ice from private property and place the same in any roadway. Snow or ice on driveways, sidewalks and the like shall not be pushed across traveled portions of roadways and may only be stored on private property or on rights-of-way adjacent to the private property. The City may assess the cost of removal of snow or ice against the affected property owner pursuant to the provisions of§ 90.32, (C) of this chapter. (b) Where permission is granted by the City Administrator, the person to whom that permission is granted shall be initially responsible for payment of all direct or indirect costs of removing the snow or ice from the street or sidewalk. If not paid, collection shall be by civil action or assessment against the benefitted property as any other special assessment. (F) Uses of Right-of-Way. Purpose: Rights-of-way provide many public benefits, including providing for placement of utilities, roadway safety and maintenance, and access to and protection of private property. Therefore, the City of Hutchinson regulates utilization of rights-of-way to retain these and other public benefits of rights-of-way. (1) Authority,permission and procedure. Upon an application duly made to the City Administrator and reviewed and recommended by the City Engineer, the Council may, in its discretion, 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 (including, but not limited to, establishment of private or leased parking, loading zones or benches) at places, on terms and for consideration as the Council may deem just and equitable. In establishing the amount of the consideration to be paid to the City, the Council shall consider the amount of space, location thereof, if any,public inconvenience and hazards to persons or property. Upon complaint of any aggrieved person at any time and by reason of any specific special permission so granted, the Council shall, at its next regular meeting after receipt of the complaint, call a hearing thereon to be held after ten days' notice in writing to applicant and complainant and published notice at least ten days prior to the hearing. After the hearing, the Council shall by resolution decide whether to terminate, continue or redefine the terms of the permission, and the decision shall be final and binding on all persons directly or indirectly interested therein; except that, the Council may, on its own motion, reconsider the same. (2) Permanent and semi-permanent fixtures in rights-of-way require a franchise from the City. Franchise agreements for permanent or semi-permanent fixtures must be approved by the City Council. Other uses of rights-of-way may be regulated by permit or ordinance as the Council sees fit. (3) Permanent and semi-permanent fixtures shall include, but are not limited to, the following: (a) Fixtures that are affixed to the ground by posts or foundations. (b) Fixtures not affixed to the ground, but of size, mass, and/or dimension that may adversely affect the public function of the right-of-way. (c) Fixtures specifically exempt from the definition of permanent or semi-permanent fixtures include: (i) Traffic control devices placed by a road authority, as defined by Minnesota Statute 160.02. (ii) Boulevard trees and landscaping features approved by a road authority. (iii)Fixtures required to provide municipal utilities. (4) Permanent and semi-permanent fixtures shall conform to the following requirements: (a) After placement of a fixture, there shall remain at least six (6) feet of unobstructed sidewalk in commercial districts and four(4) feet of unobstructed sidewalk in residential and industrial districts where sidewalk exists. In all cases where trails exist, ten (10) feet of unobstructed trail shall remain. (b) Fixtures shall not block any traffic control device and shall not exceed thirty (30) inches in height within the sight triangle area, defined as: that triangular area formed by the hypotenuse of measurements twenty-five (25) feet each direction from the intersection of corner property lines. A greater distance may be required as determined by the City. (c) Fixtures shall not pose unreasonable safety hazards because of the type of materials, objects or property placed within rights-of-way. (d) Fixtures shall not unreasonably restrict other necessary or beneficial uses of rights-of-way. (e) Nothing herein shall prohibit: (i) The repair of fixtures and related appurtenances placed within rights-of-way by existing franchisees, a road authority, or municipal utilities. (ii) The placement of mailboxes approved by the United States Postal Service. (iii)The placement of driveways and accesses to private property otherwise permitted. (5) Maintenance of rights-of-way. (a) Work to maintain properties within rights-of-way is allowed by the City and franchisees, as governed by Code Section 90.04. (b) Materials, objects or property may be placed in rights-of-way by the City or under permit from the City in association with community and special events. (c) Landscape restoration by the City and franchisees shall consist of restoring disturbed areas within rights-of-way with turf grasses. (6) Other uses of rights-of-way. (a) No use of rights-of-way shall cause a nuisance, hazard, danger, or sight obstruction for any traffic, vehicles,pedestrians, or bicyclists using the right-of- way. The City may at its discretion remove, or order to be removed, at the owners expense, any property causing such nuisance, hazard, danger or sign obstruction and/or require appropriate warnings be placed. (b) The owner of property placed within rights-of-way shall be liable for any damage, theft, vandalism, etc. of any fixture, item, object or property placed within rights-of-way or any damage caused thereby. The owner of any such property so placed shall hold the City harmless in any claims therefor. (7) Unlawful acts. It is unlawful for any person to park or otherwise infringe upon a grant of right under this section, when clearly and distinctly marked or signposted. It is unlawful for any person not granted such a right to assert the same, or for any grantee of such a right to exceed the same under claim thereto. (8) Condition. Before granting any permit under any of the provisions of this section, the Council may impose insurance or bonding conditions thereon as it, considering the projected danger to public or private property or to persons, deems proper for safeguarding those persons and property. The insurance or bond shall also protect the City from any suit, action or cause of action arising by reason thereof. (9) Curb and Gutter, Street and Sidewalk Painting or Coloring. It is unlawful for any person to paint, letter or color any street, sidewalk or curb and gutter for advertising purposes, or to paint or color any street, sidewalk or curb and gutter for any purpose, except as the same may be done by City employees acting within the course or scope of their employment; provided, however, that, this provision shall not apply to uniformly coloring concrete or other surfacing, or uniformly painted house numbers, as that coloring may be approved by the City Administrator. § 90.16. Denial or Revocation of Permit. (A)Reasons for Denial. The City may deny a permit for failure to meet the requirements and conditions of this chapter or if the City determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. (B)Procedural Requirements. The denial or revocation of a permit must be made in writing and must document the basis for the denial. The City must notify the applicant or right- of-way user in writing within three business days of the decision to deny or revoke a permit. If an application is denied, the right-of-way user may address the reasons for denial identified by the City and resubmit its application. If the application is resubmitted within thirty (30) days of receipt of the notice of denial, no additional application fee shall be imposed. The City must approve or deny the resubmitted application within thirty (30) days after submission. § 90.17. Installation Requirements. (A)Standards for Installation. The excavation, backfilling,patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the Minnesota Statutes, Sections 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minnesota Rules Chapter 7560 and these ordinances. Service lateral installation is further subject to those requirements and conditions set forth by the City in the applicable permits and/or agreements referenced in Section 90.24 (B) of this ordinance. (B)Requirement of Sewer and Water Laterals. No petition for the improvement of a street shall be considered by the Council if the petition contemplates constructing therein any part of a pavement or stabilized base, or curb and gutter, unless all sewer and water main installations shall have been made therein, including the installation of service laterals to the curb, if the area along the street will be served by those utilities installed in the street. (C)Sewer System Service and Water Main Service Laterals. No sewer system shall be hereafter constructed or extended unless service laterals to platted lots and frontage facing thereon shall be extended simultaneously with construction of mains. (D) Waiver. The Council may waive the requirements of this section only if it finds the effects thereof are burdensome and upon notice and hearing as the Council may deem necessary or proper. § 90.18. Inspection. (A)Notice of Completion. When the work under any permit hereunder is completed, the permittee shall furnish a notice of completion or have a final inspection performed by the City. (B)Site Inspection. Permittee shall make the work-site available to the City and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. The City Engineer shall inspect improvements as deemed necessary or advisable. Any work not done according to the applicable specifications and standards shall be removed and corrected at the expense of the permit holder. Any work done hereunder may be stopped by the City Engineer if found to be unsatisfactory or not in accordance with the specifications and standards, but this shall not place a continuing burden upon the City to inspect or supervise this type of work. (C)Authority of City Engineer. (1) At the time of inspection, the City Engineer may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public. (2) The City Engineer may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the City Engineer that the violation has been corrected. If such proof has not been presented within the required time, the City Engineer may revoke the permit pursuant to Section 90.23. § 90.19.Work Done Without a Permit. (A)Emergency Situations. Each registrant shall immediately notify the City Engineer of any event regarding its facilities that it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Excavators' notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. Within two (2) business days after the occurrence of the emergency, the registrant shall apply for the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency. If the City becomes aware of an emergency regarding a registrant's facilities, the City will attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the City may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. (B)Non-Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit and, as a penalty, pay double the normal fee for said permit, pay double all the other fees required by the City code, deposit with the City the fees necessary to correct any damage to the right-of-way, and comply with all of the requirements of this chapter. § 90.20. Supplementary Notification. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the City of the accurate information as soon as this information is known. § 90.21. Revocation of Permits. (A)Substantial Breach. The City reserves its right, as provided herein, to revoke any right-of- way permit without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: (1) The violation of any material provision of the right-of-way permit; (2) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; (3) Any material misrepresentation of fact in the application for a right-of-way permit; (4) The failure to complete the work in a timely manner, unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; or (5) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to Section 90.20. (B) Written Notice of Breach. If the City determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the City shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the City, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. (C)Response to Notice of Breach. Within fourty-eight (48)hours of receiving notification of the breach, permittee shall provide the City with a plan, acceptable to the City, that will cure the breach. Permittee's failure to so contact the City, or permittee's failure to timely submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. (D)Reimbursement of City costs. If a permit is revoked, the permittee shall also reimburse the City for the City's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. 90.22. Mapping Data. (A)Information Required. Each registrant and permittee shall provide mapping information required by the City in accordance with Minnesota Rules 7819.4000 and 7819.4100. Within ninety (90) days following completion of any work pursuant to a permit, the permittee shall provide the City Engineer accurate maps and drawings certifying the "as-built" location of all equipment installed, owned and maintained by the permittee. Such maps and drawings shall include the horizontal and vertical location of all facilities and equipment and shall be provided consistent with the City's electronic mapping system, when practical or as a condition imposed by the City Engineer. Failure to provide maps and drawings pursuant to this subsection shall be grounds for revoking the permit holder's registration. (B)Service Laterals. All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minnesota Rules 7560.0150 subpart 2, shall require the permittee's use of appropriate means of establishing the horizontal locations of installed service laterals and the service lateral vertical locations in those cases where the City Engineer reasonably requires it. Permittees or their subcontractors shall submit to the City Engineer evidence satisfactory to the City Engineer of the installed service lateral locations. Compliance with this Chapter and with applicable Gopher State One Call law and Minnesota Rules governing service laterals installed after December 31, 2005 shall be a condition of any City approval necessary for: (1) payments to contractors working on a public improvement project including those under Minnesota Statutes Chapter 429 and, (2) City approval under development agreements or other subdivision or site plan approval under Minnesota Statutes Chapter 462. The City Engineer shall reasonably determine the appropriate method of providing such information to the City. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or future permits to the offending permittee or its subcontractors. 90.23. Location and Relocation of Facilities. (A)Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5 100, to the extent the rules do not limit authority otherwise available to cities. (B) Undergrounding. Except for small wireless facilities and wireless support structures and unless otherwise agreed in a franchise or other agreement between the applicable right-of-way user and the City,Facilities in the right-of-way must be located or relocated and maintained underground in accordance with Section 153.084 of the City Code. (C)Corridors. The City may assign a specific area within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the City expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the City involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the City shall, no later than at the time of the next reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned position within the right-of-way, unless this requirement is waived by the City for good cause shown, upon consideration of such factors as the remaining economic life of the facilities,public safety, customer service needs and hardship to the registrant. (D)Nuisance. One year after the passage of this chapter, any facilities found in a right-of- way that have not been registered shall be deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of-way to a useable condition and assessing the costs to the property owner. (E)Limitation of Space. To protect health, safety, and welfare, or when necessary to protect the right-of-way and its current use, the City shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making such decisions, the City shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future City plans for public improvements and development projects which have been determined to be in the public interest. § 90.24 Pre-excavation Facilities Location. In addition to complying with the requirements of Minn. Stat. 216D.01-.09 ("One Call Excavation Notice System")before the start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be excavated shall mark the horizontal and vertical placement of all said facilities the maximum extent practicable. Any registrant whose facilities are less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation. § 90.25. Damage to Other Facilities. When the City does work in the right-of-way and finds it necessary to maintain, support, or move a registrant's facilities to protect it, the City shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the City's response to an emergency occasioned by that registrant's facilities. § 90.26. Right-of-Way Vacation. Reservation of right. If the City vacates a right-of-way that contains the facilities of a registrant, the registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. § 90.27. Indemnification and Liability By registering with the City, or by accepting a permit under this chapter, a registrant or permittee agrees to defend, indemnify, and hold the City harmless from any liability for injury or damage arising out of the action of the applicant in performance of the work, or any expense whatsoever incurred by the City incident to a claim or action brought or commenced by any person arising therefrom.and in accordance with the provisions of Minnesota Rule 7819.1250. § 90.28. Abandoned and Unusable Facilities. (A)Discontinued Operations. A registrant who has determined to discontinue all or a portion of its operations in the City must provide information satisfactory to the City that the registrant's obligations for its facilities in the right-of-way under this chapter have been lawfully assumed by another registrant. (B)Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless this requirement is waived by the City. § 90.29.Appeal. A right-of-way user that: (A)has been denied registration; (B)has been denied a permit; (C)has had a permit revoked; (D)believes that the fees imposed are not in conformity with Minn. Stat. § 237.163, Subd. 6; or (E) disputes a determination of the City Engineer regarding Section 90.24 (B) of this ordinance may have the denial, revocation, fee imposition, or decision reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting, provided the right-of-way user has submitted its appeal with sufficient time to include the appeal as a regular agenda item. A decision by the City Council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. § 90.30 Reservation of Regulatory and Police Powers A permittee's rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances as necessary to protect the health, safety and welfare of the public. § 90.31. Severability. If any portion of this chapter is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this chapter precludes the City from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. § 90.32. Ice and Snow on Public Sidewalks and Trails (A)ke and snow a nuisance. All snow and ice remaining upon public sidewalks and trails is hereby declared to constitute a public nuisance and shall be abated by the owner or tenant of the abutting private property within 24 hours after the snow or ice has ceased to be deposited. The owner or tenant shall provide a minimum four feet of clearance on the sidewalk or trail adjacent to their property. (B)City to remove snow and ice;property owner to be billed. The City may cause to be removed from all public sidewalks and trails, beginning 24 hours after snow or ice has ceased to fall, all snow or ice which may be discovered thereon, and it shall keep a record of the cost of that removal and the private property adjacent to which accumulations were found and removed. The owner of the property from which the accumulations were removed shall be invoiced for payment of those services in the same manner of all City invoices for services. (C)Cost of removal to be assessed. Should the bill for removal services remain unpaid, the City Administrator shall, upon direction of the Council and on receipt of the information provided for in (B) above, extend the cost of the removal of snow or ice as a special assessment against the lots or parcel of ground abutting on walks which were cleared, and these special assessments shall at the time of certifying taxes to the County Auditor be certified for collection as other special assessments are certified and collected. (D)Civil suit for cost of removal. The City Administrator shall, in the alternative, upon direction of the Council, bring suit in a court of competent jurisdiction to recover from the persons owning land adjacent to which sidewalks and trails were cleared, as provided in (B) above, the cost of the clearing and the cost and disbursement of a civil action therefor. (E) City Administrator to report sidewalks cleared. The City Administrator shall present to the Council at its first meeting after snow or ice has been cleared from the sidewalks as provided in (B) above the report of the City thereon, and shall request the Council to determine by resolution the manner of collection to be used as provided in (C) or(D) above. § 90.33 Violations. Every person violates a section, division or provision of this chapter when he or she performs an act thereby prohibited or declared unlawful, or fails to act when that failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be punished as follows. (A)Where the specific section, division or provision specifically makes violation a misdemeanor, the person shall be punished as for a misdemeanor; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, the person shall be punished as for a misdemeanor; where the person stands convicted of violation of any provision of this chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding 12-month period for the third or subsequent time, the person shall be punished as for a misdemeanor. (B)As to any violation not constituting a misdemeanor under the provisions of division (A) above, the person shall be punished as for a petty misdemeanor. (C)Continuing violation. Each day that any person continues in violation of this section shall be a separate offense and punishable as such. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon its adoption and publication. This Ordinance was passed by the City Council of the City of Hutchinson on the_day of 2018. ATTEST: Matt Jaunich, City Administrator Gary Forcier, Mayor Date of Publication: month day, 2018 TITLE AND SUMMARY OF ORDINANCE NO. 18-0783 The following Ordinance is hereby published by title and summary: 1. Title of Ordinance: Right-of-Way Management An Ordinance to Enact Title 9, Chapter 90 of the City of Hutchinson Code of Ordinances, Right-of-Way Management. 2. Summary of Ordinance: This ordinance repeals existing Title 9, Chapter 90 of the Hutchinson City Code, and enacts a new Chapter 90 to administer and regulate the public rights-of-way in the public interest, and to provide for the issuance and regulation of right-of-way permits in the chapter. This Chapter applies in the City of Hutchinson, Minnesota and to persons outside the City who are, by contract or agreement with the City, users of rights-of-way in the City. Except as otherwise provided herein, the City Engineer shall administer, implement, and enforce the provisions of this Chapter. This Ordinance shall take effect upon publication in accordance with the Hutchinson City Charter. 3. 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_day of 2018. ATTEST: Matt Jaunich, City Administrator Gary Forcier, Mayor Date of Publication: month day, 2018 HUTCHINSON CITY COUNCIL City ofAa� '7 Request for Board Action 7AL=- M Agenda Item: 1st Reading of Revisions to Telecommunications Ordinance Chapter 154.119 Department: PW/WW LICENSE SECTION Meeting Date: 5/22/2018 Contact: Kent Exner/John Paulson Application Complete N/A Agenda Item Type: Presenter: John Paulson Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: At the April 17 Planning Commission Meeting there was a Public Hearing to receive comments on proposed changes to Chapter 154.119 Telecommunications Ordinance. Comments were received from 2 parties and considered by staff when drafting the current language being considered. The Telecommunications Ordinance was revised and received favorable recommendation of approval at the May 15th, 2018, Planning Commission Meeting. City staff has been administering an effort to revise the City's Telecommunications Ordinance, Chapter 154.119, relating to the use of small cell technologies. These changes are in response to major revisions to the City Right-Of-Way Ordinance necessary to accommodate small cell use of the right-of-way. Most changes to the Telecommunications Ordinance are to more clearly define that Chapter 154.119 applies to small cell installations proposed outside of the right-of-way. If no revisions to the ordinance is needed, City staff requests that the second reading of this ordinance occur at the June 12th meeting. City staff will be available to answer any questions that you may have. BOARD ACTION REQUESTED: 1st reading of Telecommunications Ordinance revisions. 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: Ordinance No. 18-0784 AN ORDINANCE AMENDING CHAPTER 154 (ZONING) OF THE CITY OF HUTCHINSON CODE OF ORDINANCES ADDING LANGUAGE IN SECTION 154.119 (TELECOMMUNICATIONS); THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City to amend the Telecommunications Ordinance to add language in Section 154.119 of the City Code as follows: § 154.119 TELECOMMUNICATIONS ORDINANCE (A) Purpose and intent. In order to accommodate the communication needs of the residents, business and industry while protecting the health, safety and general welfare of the City, the following regulations are imposed in order to: (1) Facilitate the use of wireless communication services, television and radio antennas, for residents, business and industry of the City; (2) Minimize adverse effects of towers through careful design and site standards; (3) Avoid potential damage to adjacent properties from tower or antenna failure through structural standards and setback requirements; and (4) Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community; and (5) To regulate access to and ongoing use of public right-of-way and facilities, such as water tanks, building roof tops, lighting masts and other structures by telecommunications providers for their telecommunications facilities. (6) To regulate small wireless facilities located outside of public right-of-way. Small wireless facilities in the right-of-way shall comply with the process and standards in Chapter 90 of Hutchinson City Code. (B) Definitions (1) "Accessory Equipment" are the wires, cables, generators, air conditioning units, and other equipment or facilities that are used with Antennas. (2) "Aesthetics" (also known as "Conceal" or"Concealment" or "Stealth Design")refers to state-of-the-art design techniques used to blend the object into the surrounding environment and to minimize the negative aesthetic impacts (to be further defined in the review process). Examples of aesthetic design techniques include architecturally screening roof mounted antennas and accessory Equipment; integrating Telecommunications Facilities into architectural elements; nestling Telecommunications Facilities into the surrounding landscape so that the topography or vegetation reduces their view; using the location that would result in the least amount of visibility to the public, minimizing the size and appearance of the Telecommunications Facilities; and designing Towers to appear other than as Towers, such as light poles, power poles, flag poles, and trees.. (3) "Applicant" is any person or entity who files an application for any permit or is party to any lease agreement required by this Ordinance for the construction, replacement, installation, operation, or alteration of wireless communication facility or any component thereof. (4) "Antenna" is any exterior transmitting or receiving device mounted on a Tower, Monopole, building, or other structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies(excluding radar signals), wireless telecommunications signals or other communications signals. "Antenna" does not include a lightning rod. (5) "Antenna Support Structure" is any new or existing Tower, building, water tower, or electric transmission tower carrying over 200 kilo volts of electricity that can be used for the location of Antennas without increasing the height or mass of the existing structure. (6) » (6) "City" shall mean and refer to the City of Hutchinson or the authorized agent as designated by the City Council of the City of Hutchinson. (7) "Collocation" is the sharing of structures by two or more wireless service providers on a single support structure or otherwise sharing a common location. (8) "Easement" is a legal interest in real property that transfers a partial property right to the holder of the easement authorizing a person or party to use the land or property of another for a particular purpose. (9) "Engineer" refers to but is not limited to a radio, electrical, structural, civil, or mechanical engineer, licensed by the State of Minnesota. (10) "Equipment Lease Area" is a specified area at the base of or near a Telecommunication Facility, Tower, or Antenna that can contain an enclosed structure or open platform within which are housed, among other things, batteries, generators, air conditioning units, wireless communications or electrical equipment, or other Accessory Equipment, which may be connected to the Telecommunications Facility, Tower or Antenna by cable. (11) "Inventory of Small Wireless Facilities" refers to an accurate and current inventory of all Small Wireless Facilities, including sites that become inactive for any reason. (12) "Landline Broadband Backhaul Transport Service" refers to a fiber or other high- speed landline communications transport service contracted by Lessee from a third-party provider that interconnects with the Base Station Equipment at the Point-of-Demarcation and provides transport service back to Lessee's network. (13) "Lessee" is the party who rents land or property from a lessor. The lessee is also known as the "tenant", and must uphold specific obligations as defined in the lease agreement and by law. (14) "Lessor" is the owner of an asset that is leased under an agreement to the lessee. The lessee makes one-time or periodic payments to the lessor in return for the use of the asset. The lease agreement is binding on both the lessor and the lessee, and spells out the rights and obligations of both parties. (15) Micro Wireless Facility. A small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. (16) "Monopole" is a structure composed of a single spire used to support telecommunications equipment having no guy wires or ground anchors. (17) "Permit Holder" a person or entity who holds a permit issued pursuant to this Ordinance for a Telecommunications Facility. (18) "Point of Demarcation" is the point of where the Transmission Media of a Small Wireless Facility terminates and interconnects with broadband backhaul transmission facilities, whether provided by landline or wireless communications infrastructure. (19) "Public Utility Structure" is a structure which is owned by a governmental agency or utility company and which may be/can be used to support illumination devices or lines and other equipment carrying electricity or communications. (20) "Radio Propagation Study" the propagation of radio waves is described through the modeling of the different physical mechanisms (free-space attenuation, atmospheric attenuation, vegetation and hydrometer attenuation, attenuation by diffraction, building penetration loss, etc). This modeling is necessary for the conception of telecommunications systems and, once they have been designed, for their actual field deployment. Propagation models are implemented in engineering tools for the prediction different parameters useful for the field deployment of systems, for the study of the radio coverage (selection of the emission sites, frequency allocation,powers evaluation, antenna gains, polarization) and for the definition of the interferences occurring between distant transmitters. (21) "Residential Accessory Communication Devices" are any satellite dishes, television Antennas, radio Antennas, amateur radio Antennas, and similar communication transmission/reception devices and associated Accessory Equipment that are a permitted accessory use within a residential district. (22) "Right-of-Way(ROW) or Public Right of Way" is the aettial physieal !a-Rd area .The area on, below, or above a public roadway, hi bicycle street, cartway, bicystreet, cartway, bicycle lane or public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other nonwire telecommunications or broadcast service. (23) "Rooftop Mounted Wireless Telecommunications Facility means a wireless telecommunication facility with antennas located on the roof of a building or on top of a structure and consisting of antennas, support structures and accessory equipment, but are adequately screened so as not to appear as stand-alone devices above the top of the roof line. (24) "Small Wireless Facility". A wireless facility defined as a low-power radio access facility, together with associated antennas, Transmission Media, mounting and mechanical equipment, which provides and extends wireless communications systems' service coverage and increases network capacity that meets all of the following qualifications: a. each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure, and b. all other wireless equipment associated with the small wireless facilily provided such equipment is, in aggregate,no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment,power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment. c. a micro wireless facility. (25) "Street Light" is defined as a raised source of light usually mounted on a pole and constituting one of a series spaced at intervals along a public street or highway used to illuminate a public area, usually urban. Also referred to as a streetlamp. (26) "Telecommunications Equipment"refers to Antennas, Accessory Equipment, or Towers. (27) "Telecommunications Facilities" are the structures and equipment which make up a telecommunications network. Telecommunications facilities are defined by Federal Standard 1037C as the following: a) A fixed, mobile, or transportable structure, including (1) all installed electrical and electronic wiring, cabling, and equipment and(2) all supporting structures, such as utility, ground network, and electrical supporting structures. b) A network provided service to users or the network operating administration. c) A transmission pathway and associated equipment. d) In a protocol applicable to a data unit, such as a block or frame, an additional item of information or a constraint encoded within the protocol to provide the required control. e) A real property entity consisting of one or more of the following: a building, a structure, a utility system, pavement, and underlying land. (28) "Tower" is any of the following: a ground or roof mounted pole; spire; free standing, self-supporting lattice or monopole structure; or combination thereof taller than fifteen (15) feet, including but not limited to supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an Antenna, meteorological device, or similar apparatus above grade (except amateur radio Antennas). (29) "Traffic Light/Traffic Signal System" are electrically operated colored signaling devices positioned at road intersections,pedestrian crossings, and other locations to control conflicting flows of traffic. (30) "Transmission Media" is all of the Lessee's radios, antennas, transmitters, wires, fiber optic cables, and other wireless transmission devices that are part of the Small Wireless Facility. (31) "Wireless Communications" refers to any personal wireless services as defined in the Federal Communications Act of 1996, including FCC licensed commercial wireless Telecommunications services such as cellular,personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), global system of mobile communication (GSM),paging and similar services that currently exist or may be developed. (32) "Utility Pole" is a structure that is: (1) owned or operated by: (a) a public utility; (b) a communications service provider; (c) a municipality; (d) an electric membership corporation; (e) a rural electric cooperative; or(f) municipal utility; and(2) designed and used to: (a) carry lines, cables, or wires for telephone, cable television, or electricity; or (b)provide lighting. (C) Permit required (1) Permit required. Prior to any construction of installation activities, a telecommunications provider planning to install, construct or operate telecommunications facilities in the City shall apply for a telecommunications application and obtain a building permit and, if required, a conditional use permit pursuant to this seetien Ordinance as applicable. (2) Building and Design Standards and Allowed Locations for Telecommunications Facilities. All Telecommunications Facilities shall be constructed and maintained in accordance with the following standards: A. Existing Telecommunication Facilities: 1.Existing Telecommunications Facilities located on or attached to existing structures, prior to the adoption of this Ordinance, are regulated by the provisions of the zoning district for each such parcel. Once the leases for existing Telecommunication Facilities expire or are otherwise terminated, the owner of the Telecommunication Facilities shall apply for a permit under this Ordinance and those existing Telecommunications Facilities shall be required to conform to all requirements of this Ordinance for new Telecommunication Facilities. The City may, among other remedies, require relocation of equipment, at the Telecommunication Facilities expense, to permitted areas under this Ordinance. B. New Telecommunications Facilities: I.New Telecommunications Towers, not including those to which Small Wireless Facilities are installed in the right-of-way, shall be located only on parcels owned and controlled by the City without a conditional use permit, with the exact location on such parcels determined at the sole discretion of the City. If a new Tower cannot be located on a City parcel the Applicant shall provide radio propagation analysis as noted in 2.a) below to demonstrate need of the new Tower location. 2.Antennas shall be located on a new or replacement Tower at the locations permitted for Telecommunications Facilities only if the Applicant complies with the following requirements, in addition to the other requirements of this Ordinance: a) Unless the Applieant is a pr - ,fWir-eless r„mmttai.afie* *The Applicant shall provide an analysis prepared by a radio or electrical engineer demonstrating that the proposed location of the Antennas is necessary to meet the coverage and/or capacity needs of its system. The Applicant shall provide a network map describing all of the Applicant's Telecommunications Facilities that provide any coverage within the City's limits. All Applicants shall provide documentation prepared by a radio or electrical engineer to show the Antennas would not cause interference with other existing or approved Telecommunications Equipment. The Applicant shall also pay the reasonable expenses of a radio or electrical engineer retained by the City, at the City's option, to review this analysis; b) The new or replacement Telecommunications Facilities shall use Stealth Design techniques as approved by the City. Economic considerations or hardships shall not be the sole justification for failing to provide Stealth Design techniques. c) The new or replacement Tower and Antenna, including attachments other than lightning rods, shall not exceed 150 feet in height, measured from grade. The City may, but shall not be required to, increase this height up to 190 feet if the Entity finds the increase in height would not have a significant visual impact,would not have a negative property value impact on surrounding properties because of proximity, topography or screening by trees or buildings or would accommodate two or more users. The City may waive this height limitation for a Tower and/or Antenna if used wholly or partially for essential public services, such as public safety. d) New Towers must comply and be marked and lighted in accordance with existing FAA and MnDOT Aeronautics rules. 3.A new Antenna may be attached to an existing or replacement public utility structure,, *i'��or stfeet light pole outside of theme right-of-way if: a) The Antenna does not extend more than fifteen (15) feet above the top of the existing utility structure. b) The Antenna is no larger than three (3) cubic feet and has no individual surface larger than four(4) square feet. c) The Antenna extends outward from the utility structure no more than three (3) feet. d) There is no interference with public safety communications or with the original use of the public utility structure. e) The Applicant agrees that the Antenna must be removed and relocated, at Applicant's expense, when the City or utility requires the removal, relocation, or reconditioning of the public utility structure. f) The Telecommunications Permit Application and all necessary agreements permitting the use of public property are approved. g) Its inclusion/attachment does not exceed the facilities structural capacity. h) Note: no equipment will be allowed on fiberglass light poles. Ri t-of- way installations are permitted for Small Wireless Facilities in accordance with the requirements of Chapter 90 of the Hutchinson City Code. 4."Construction Plan" a) A ro t:eless s"pef:t s*m ettt-e Tower will require a written plan for construction that demonstrates the use of aesthetics as defined in the definitions and approved by the City; includes the total height and width of the wireless facility and Tower, including cross section and elevation, footing, foundation and wind speed details; a structural analysis indicating the capacity for future and existing antennas, including a geotechnical report and calculations for the foundations capacity; the identity and qualifications of each person directly responsible for the design and construction; and signed and sealed documentation from a professional engineer that shows the proposed location of the wireless facility and Tower and all easements and existing structures within two hundred(200) feet of such wireless facility or wireless support structure. b) Substantial modification of an existing wireless facility or tiew..,:fetes Tower requires the following: 1) An application with the name, business address, and point of contact for the applicant; 2) The location of the proposed or affected Tower or wireless facility; and 3) A construction plan that describes the proposed modifications to the Tower and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment. (3) Telecommunications Permit Application. Telecommunications providers shall apply for a permit on an application form obtained from the City. A telecommunications provider shall file three copies of the applications with the City. Applications shall be complete and include all information required by this etAinanee section, including a route map showing the location of the provider's existing and proposed facilities. (4) Public Data. The contents of all telecommunications permit applications and any other documents supporting the application may be classified as public data and as such may be released in accordance with the Minnesota Data Practices Act or other applicable regulation or court order. (5) Application Fee and Escrow. The application shall be accompanied by a one-time non- refundable application fee in the amount identified on the application form. At the discretion of the City, an escrow fee wi4 may be required for applications that require analysis by the City's communications consultant, such as an interference analysis and intermodulation study. The application fee and escrow amount are established in the City's fee schedule, set annually by the City Council. The Applicant shall also pay the expenses of a third-party engineer's service or technical study as required by the City. (6) Additional Information. The City may request an applicant to submit such additional information as the City deems reasonably necessary or relevant. The applicant shall comply with all such requests within reasonable deadlines for such additional information established by the City. (D) Amateur radio antenna towers. The construction or erection of towers supporting amateur radio antennas shall be a permitted use in all zoning districts, subject to the following requirements: (1) This type of tower requires a building permit; (2) This type of tower shall be allowed only in the rear yard of residentially zoned properties. If there is insufficient space within the rear yard to erect the tower and any related guy wires, then the property owner may apply for a conditional use permit to erect a tower in another yard(front or side); (3) This type of tower shall not exceed 75 feet in height, except by conditional use permit; (4) This type of tower shall conform to the accessory structure setback for the district in which it is located: (5) Amateur radio antenna towers shall be installed in accordance with the instructions furnished by the manufacturer of the tower model. Antennas mounted on a tower may be modified and changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications; and (6) This type of tower shall be exempt from the requirements of divisions (E)—(R) of this section. (E) Antennae Mounted on Roofs, Walls, and Existing Towers. The placement of wireless telecommunication antennae on roofs, walls and existing towers must be approved by the City, provided the antennae meet the requirements of this seetien ordinance, and after submittal and approval of all permits, applications, fees and information identified in Section B of this ordinance. (F) Tower Locations. Antennas on a public structure or existing structures are allowed in all districts by resolution approved by the City, without a conditional use permit. However, all antenna installations must comply with the requirements of this ordinance. Towers not exceeding 75 feet in height may be erected after the issuance of a building permit, without a conditional use permit. However, all tower installations must comply with the requirements of this ordinance. All towers shall be of a monopole construction and subject to the regulations listed in Chapter 151 of the City Code, regarding airport zoning. Towers exceeding 75 feet in height shall be allowed only by conditional use permit and shall only be allowed in the following zoning districts: (1) C-1, neighborhood convenience commercial district; (2) C-2, automotive service commercial district: (3) C-3, central commercial district; (4) C-4, fringe commercial district; (5) C-5, conditional commercial district; (6) UC, industrial/commercial district; (7) I-1, light industrial park district; (8) I-2, heavy industrial district; and (9) BP, business park district. (G) Tower setbacks. The following setbacks shall apply in the listed districts. (1) In C-1, C-2, C-3, C-4, C-5, BP, UC, I-1 and I-2 districts, the setback of the tower shall be at a ratio of one foot of setback for every two feet of height of tower(i.e., a 100-foot tower would require a 50-foot setback from all property lines and the street right-of-way). (2) In the event that any portion of the property directly abuts a district zoned R-1, single-family residential; R-2, medium density residential; R-3, medium-high density residential; R-4, high density residential; R-5, manufactured home park; any residential planned unit development; or A-1, agricultural or R-1, rural residential in the Joint Planning Area; the setback to these districts shall be at a ratio of one foot for every one foot of height of structure (i.e., a 100-foot tower would require a 100-foot setback from any property line which is residentially or agriculturally zoned). (H) Collocation requirements. All commercial towers erected, constructed or located within the City shall comply with the following requirements. (1) A proposal for a new commercial tower shall not be approved unless the applicant has provided proof that the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius of the proposed tower due to one or more of the following reasons: A. The antenna would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost; B. The antenna would cause interference materially impacting the usability of other existing or planned antenna at the tower or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost; C. Existing or approved towers and building within the search radius cannot accommodate the planned antenna at a height necessary to function reasonably as documented by a qualified and licensed professional engineer; or D. Other unforeseen reasons that make it unfeasible to locate the planned antenna equipment upon an existing or approved tower or building. (2) Any proposed commercial tower shall be designed, structurally, electronically and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or, for at least one additional user, if the tower is over 75 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. (I) Structural and landscaping requirements. Proposed or modified towers and antennas shall meet the following design requirements: (1) Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color or markings are dictated by federal or state authorities, such as the Federal Aviation Administration: (2) Commercial towers shall be of a monopole design unless the City determines that an alternative design would better blend into the surrounding environment. Towers must be self- supporting without the use of wires, cables, beams, or other means; (3) Landscaping plans for the base of the tower must be submitted with the application of the conditional use permit, or building permit, should a conditional use permit not be needed. These plans must be compatible with the surrounding character of the area and must be approved either by the City prior to the issuance of the conditional use permit or building permit; and Screening plans, as may be required by the City, and reviewed shall be inclusive of the following: A. When used, walls or fences must provide for full visual screening of accessory buildings or storage areas, as viewed from residential areas and state and county roads; B. The materials used for constructing the wall or fence shall be specified in the site plan and shall meet the requirements of this ordinance; C. Berms, if used, shall be constructed with a slope not to exceed 3:1 and shall be covered with sod or other landscape material sufficient to prevent erosion of the berm. D. Trees, hedges or other vegetative materials, when used, must provide at 75 percent (75%) screening capacity throughout the year. Such screening must also conform to all vegetative setback requirements of the Hutchinson Zoning Ordinance. (J) Construction Requirements. Proposed or modified towers and antennas shall meet the following construction requirements: (1) All antennae, towers, and accessory structures shall comply with all applicable provisions of this ordinance. (2) Towers shall be certified by a qualified and licensed professional engineer to conform to the current structural standards and wind loading requirements of the Minnesota State Building Code and Electronics Industry Association. (3) No part of any antenna or tower nor any lines, cable, equipment, wires, or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line. (4) Towers and associated antennae shall be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code. (5) All signed and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight(8') above the ground at all points, unless buried underground. (6) As applicable to its location, with final determination by the City, towers affixed to the ground shall include security fencing to discourage access by unauthorized persons. (7) Tower locations should provide the maximum amount of screening possible of off-site views of the facility. Existing on-site vegetation shall be preserved to the maximum extent practicable. The area around the base of the tower and any accessory structures shall be landscaped and/or screened. Applicants must maintain, in good and healthy condition, at all times, all landscaping attendant to the wireless telecommunications facility, including landscaping of the public right-of-way. Any dead or dying landscaping must be promptly replaced or rehabilitated. See Section I of this ordinance. (K) Resolution of Interference. The installation and operation of new antennas, towers, and associated facilities shall not cause harmful interference to pre-existing telecommunication system broadcast or reception, whether they be commercial or residential. Telecommunications providers shall, at their own expense, maintain any equipment in a safe condition, in good repair and in a manner so as not to conflict with the use of the surrounding premises. If within 60 days from the initial installation and operation of any new antenna system, the City receives notice of interference from an adjacent property, additional study and remedy may be required. The applicant shall be responsible for the expenses incurred in any independent validation of interference, provided, however, should the independent analysis conclude that the interference objections were valid; the applicant shall be responsible for any independent validation fees. If new facilities are found to cause impermissible interference, the applicant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within 30 days, the applicant shall immediately cease operating its facility until the interference has been eliminated. (L) Tower Lighting. Towers shall be required to meet Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) requirements and shall not be artificially lighted unless required by the Federal Aviation Administration to do so. If the tower does require artificial lighting, a letter stating this need and a description of the lighting shall be provided to the City prior to approval. The lighting, unless required by the FAA to be otherwise, must be diffused. (M) Lights and Other Attachments. No antenna or tower shall have affixed or attached to it in any way, except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), nor shall any tower have constructed on, or attached to, in any platform, catwalk, crow's next, or like structure, except during periods of construction or repair. (N) Accessory Utility Buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the zoning district in which the tower site is located. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood. (0) Maintenance Requirements. (1) The yard area in front of the fences and walls shall be trimmed and maintained in a neat and attractive manner. (2) Repairs to damaged areas of walls or fences shall be made within thirty (30) days of sustaining said damage. (3) Areas left in a natural state and vegetative screening areas shall be properly maintained in a well-kept condition. (4) Diseased, dying, or dead vegetative screening elements shall be removed and then replaced, at a minimum, with healthy plants of the same size required when first planted. (P) Abandoned or Unused Towers and Antennas. Abandoned or unused towers or portions of towers shall be removed as follows: (1) All abandoned or unused towers and associated facilities shall be removed within six months of cessation of operations at the site unless a time extension is approved by the Planning Commission. In the event that a tower is not removed within six months of cessation of operations at a site, the tower and associated facilities may be removed by the City, and the costs of removal assessed against the property; or (2) Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna location. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit. (Q) Public Safety Telecommunication Interference. Commercial wireless telecommunications services shall not interfere with public safety telecommunications. Before the introduction of new service or changes in existing services, telecommunication providers shall notify the City at least ten days in advance of any changes and allow the City to monitor interference levels during the testing process. (R) Signs and Advertising. The use of any portion of a tower for signs, other than warning or equipment information signs, is prohibited. (S) Additional Submittal Requirements. In addition to information listed elsewhere in this section, conditional use permit applications for towers shall include the following supplemental information: (1) A report from a qualified and licensed professional engineer which: A. Describes the general tower height and design including a cross-section and elevation; B. Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas. This information can be general in scope, with specific documentation to be submitted with the building permit application; C. Describes the tower's capacity, including the number and type of antennas it can accommodate; D. Includes an engineer's stamp, registration number, and signature; and E. Additional information necessary to evaluate the request. (2) For all commercial towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use; (3) If the tower exceeds 200 feet, a letter of approval from the Federal Aviation Administration (FAA); (4) A letter from the FAA if artificial lighting is deemed necessary; and (5) Recommendation for approval by the Municipal Airport Commission. (T) Satellite Dishes. Satellite dishes greater than one meter in diameter shall be allowed only by a conditional use permit in all districts. Design plans shall include provisions for screening and shall be submitted with the conditional use permit application. (U) Small Wireless Facilities. (1) Small Wireless Facility Plan. A. Small Wireless Facility Submissions. The applicant shall submit a preliminary site plan to the City, for review and approval. The applicant shall also submit an application which shall include: (i)photographs or accurate renderings, including correct colors and exact dimensions, of each type of proposed small wireless facility; (ii) a statement signed by a professional engineer licensed in the State of Minnesota stating that the proposed facilities comply with all applicable Federal Communications Commission regulations, including, without limitation, regulations pertaining to the emission of radio frequency radiation; and (iii) such additional information as the planning director may reasonably require in order to determine whether the requirements of this section are met. The application and site plan for the Small Wireless Facility shall be approved only if the following minimum standards are met: 1. The Small Wireless Facility may encompass multiple sites. 2. The Small Wireless Facility shall be substantially concealed from view by means of painting, tinting, or use of camouflage or stealth materials to match the surface of the building or other structure to which they are affixed or by other suitable methods, such as by flush-mounting or integration into the design elements of the building or structure. 3. Electrical power and battery backup cabinets shall, to the extent practicable, be roof-mounted or otherwise located so as not to be visible from a public street or, where not practicable as determined by the City, such equipment shall be appropriately screened by landscaping or other means minimizing visibility from a public street. 4. The placement of Small Wireless Facilities may be approved by the City, provided the antenna meets the requirements of this ordinance, and after submittal and approval of all permits, applications, fees and information identified in Section 4C of this ordinance. Small Wireless Facilities on a public structure or existing structures are allowed by conditional use permit in residentially zoned areas if they are located on public or institutional rp operty allowed; all dist-iets by r-eseittfien appr-eved by the City, .ithettt , eenditional„so„emit. However, all antenna installations must comply with the requirements of this ordinance, and Chapter 90 when installed within the right- of-way. 5. At such time that the Small Wireless Facility ceases to be used for communications purposes for three (3) consecutive months, the applicant shall remove the Small Wireless Facility from the property. If the applicant fails to remove the Small Wireless Facility within 30 days of written notice from the zoning administmtet:, the dir-eetet:of development and o tht:et g his et:het: agents „le e- City, the City shall be authorized to remove the Small Wireless Facility and assess all charges incurred in such removal on the applicant. 6. Small Wireless Facility installations are permitted uses in the following zoning oning districts; a) C-1, neighborhood convenience commercial district; b) C-2, automotive service commercial district: c) C-3, central commercial district; d) C-4, fringe commercial district, e) C-5, conditional commercial district, f) UC, industrial/commercial district, g) I-1, light industrial park district, h) I-2, heavy industrial district, and i) BP, business park district. 7. All Small Wireless Facility installations shall be allowed only by conditional use permit in the following_ zoning oning districts, a) GT, Gateway b) MXD, Mixed Use District 8. Special requirements based on whether Small Wireless Facility is affixed to a building or pole outside of the right-of-way: a) Building-mounted: 1). The Small Wireless Facility may be attached to any building that is at least twenty (20) feet in height as measured from the ground level; 2). When attached to such building, the Small Wireless Facility shall be affixed at least eighteen (18) feet in height as measured from the ground level. b) Pole-mounted: 1). The Small Wireless Facility shall be mounted on a pole that supports an athletic field, er parking lot light, street ligh! tility ., or similar structure Such pole shall be at least fifteen (15) feet in height as measured from the ground level. Note: fiberglass poles,poles for traffic lights or traffic signal systems cannot be used and are prohibited for the mounting of any antennas or telecommunications equipment without first obtaining a right-of- way permit and collocation agreement from the City; 2). Height Restrictions. All Small Wireless Facility installations shall be in compliance with height restrictions applicable to poles and other structures in certain overlay zoning districts. In all other zoning areas, Small Wireless Facilities shall not be installed at a height exceeding*iAyfi�(3950) feet. 3). The Small Wireless Facility shall not protrude outward more than two (2) feet from the pole on which it is mounted; 4). There shall be no more than one (1) Small Wireless Facility per pole; 5). The antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure. O+e diameter-„ 'Width of the pole on v,�,ieh it; metinted 6). Security - construction of a Small Wireless Facility on existing utility poles must be installed in a manner that will not allow the public to come into physical contact with the equipment or create injury. Equipment must be mounted securely and include electrical surge protection, safety cable connector locks, no sharp edges, or any other potential hazards. B. Placement of Small Wireless Facility in the Right-of-Way. Small Wireless Facilities in the right-of-way shall comply with the process and standards in Chapter 90 of Hutchinson City Code.T- e f ll.,wing ct.,,,,1aFds shall apply f r the, la6e,.,e„t Of c,ti,.,ll Cell Te..b,,,e1egy i the,.4lie ,- ght of.v�,ay, 4lie ,-.,.,,1 City e n of:any ether- G4Y PFOPeFty. A. The Gityv�411 detefminev�,hethet:the leeation (and any existing pole) identified bt-*e- applieant as a Small Cell Site is within the G4y Right of Wa-y. if it is not, the r-eqti „l a be et4si e the seepe of the Lease e n,. nt as the Gity. „l.l not have attrl'rvri Y to appFON'e the Small Cell Site Applieation. SttP 014 C*,-,,.ttffe' ithi the Fight ofy,ay, the !'4y shall eefisidff the �11.,..,;„x. faoteis and makedet€ tie„ if it; app ,t� 2. Pfeef that all ee leeatien sites in the afea ef need afe,Lwefe-pttf stied and hff-N'e be .1, .,t; > 4. Stealth Teehaelog i if any, r .mac dto be-'c'+miliz 1, Applieant, of:proof th �7� s}C�TCrYlfiel'oy is e ' TLhef:• 2Ceessnrc- of:(b) cannot be ttseed. B. ne inteffefenee with Gi:ry,pttblie safety fadie systeffi, tfaffie signal light systeffi, of attaelifnefits;-and P. eeffi-pliffnee with City-pole attaeliffiew fegtilatiens fef stfeet light peles, ineltidin Pla6e,Re fit .,f U: Iit eleetf: e fnetef:w4b, "a! ,kora, of theif designee shall fe"ife Imessee to make design ffiedifiefftiens in efdef to eeffiply w4h ap-pliea festilt in an ineemplete Small Cell Site Appliefftien' whieh May net be pfeeessed tindef this Lease Agfeemew- (8) 4pppoi,al 44pplieation. Upon finding that the Small Cell Site Applieation is eemplet in eemplianee with all applieable f:e s ot4lified above, the City shall e8fisidef: stteh Sin Cell Site applieation. The appf:oval of the Small Cell Site Applieation _ttaeh to a Git�� light pole, of:to install a H&A,pole, shall at4hof:ize Lessee to pf: eed to obtain an &Eem'a:�ofi pefffli 48M the City. Imessee shall eeffiply with the fe . i I ad pay all apt3fet3fiffte Minnesota standaf Small Cell 9"ipmew in any ageeted City depat4ffiews. A.P.Pfeval of a Small G Site Applieatien felated te the tise of a titi4py,-pole, of a-pole owned by ffn�' ethef thifd pfft4y' shall with the pele i the Small Cell 9"ipfflew installatien in eeefdinfftien with any affeeted Gi:py' depfft4ffients. Upon piettife of said installatien te be ineltided in the Small Cell Site Applieatien feeefds. (9) Repaip 4P-Hblie Right 4 Way. The tenant fnttst f:ePa1f:' at its sole eest and &ipeiise, afly the attffibef of days stated en a wfitten netiee 48M the City, the City May eattse said fe-paif to be (V) EFFECTIVE DATE AND APPLICABILITY TO EXISTING FACILITIES. All Wireless Telecommunications Facilities existing on or before July 1, 2009, shall be allowed to continue as they presently exist, as legally permitted non-conforming uses. Such facilities shall be used or repaired without having to comply with the Ordinance. Any material modification, including changes that could result in interference, additional structural loading, or aesthetics of an existing Telecommunications Facility, will require review and permitting in compliance with this Ordinance. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon its adoption and publication. This Ordinance was passed by the City Council of the City of Hutchinson on the_day of_2018. ATTEST: Matt Jaunich, City Administrator Gary Forcier, Mayor Date of Publication: month day, 2018 TITLE AND SUMMARY OF ORDINANCE NO. 18-0784 The following Ordinance is hereby published by title and summary: 1. Title of Ordinance: Telecommunications Ordinance An Ordinance to Amend Title 15, Chapter 154, Section 119 of the City of Hutchinson Code of Ordinances, Telecommunications Ordinance. 2. Summary of Ordinance: This ordinance amends Title 15, Chapter 154, Section 119 of the Hutchinson City Code, which sections sets forth uniform requirements for telecommunications in the chapter. This Chapter applies in the City of Hutchinson, Minnesota and to persons outside the City who are, by contract or agreement with the City, users of telecommunications in the City. Except as otherwise provided herein, the City Engineer shall administer, implement, and enforce the provisions of this Chapter. This Ordinance shall take effect upon publication in accordance with the Hutchinson City Charter. 3. 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 day of 2018. ATTEST: Matt Jaunich, City Administrator Gary Forcier, Mayor Date of Publication: month day, 2018 HUTCHINSON CITY COUNCIL City ofAa� '7 Request for Board Action 7AL=- M Agenda Item: Consideration of a 1st Reading of Ordinance 18-787 - Meeting Order of Business Department: Administration LICENSE SECTION Meeting Date: 5/22/2018 Contact: Matt Jaunich Application Complete N/A Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ New Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Council member Cook has asked that the attached ordinance be considered by the City Council. It is an ordinance that would replace the "Invocation"with a "Moment of Silence" on our council agenda. As noted back in April, the removal of the invocation and replacing it with a moment of silence (or removing it all together)would have to be done by an ordinance since it is noted in our"Regular Meeting Order of Business" section in our City Code (30.18). Attached for your consideration is a first reading of Ordinance 18-787, an ordinance which would remove the invocation from future council agendas. and replace it with a "moment of silence". If a first reading is approved, the second reading and adoption will be considered at our next meeting on June 12, 2018. 1 have also included a memo from council member Cook on this agenda item. BOARD ACTION REQUESTED: Approve/Deny first reading of Ordinance 18-787 -An ordinance amending section 30.18, "Regular Meeting Order of Business"to remove the invocation and replace it with a moment of silence, and set the 2nd reading for June 12 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: May 17, 2018 Dear City Council Members, As has been previously discussed, I am uncomfortable with our current practice of having an invocation at the start of our council meetings. While our community is largely Christian, community members also include those of other faiths, those who consider themselves spiritual, but not religious, and those who are not religious at all. As council members we serve everyone and I believe we need to be respectful of the fact that someone's faith is something very personal and that we should not be imposing our religious beliefs on each other, or others, in our capacity as council members. I understand that the invocation is offered with the best of intentions and I appreciate the ministers who volunteer to come to the council meetings. However,the practice is still troubling and that is why I brought up the idea of removing the invocation at the end of the March 27th meeting. At that meeting all of the council members expressed support for having that on the agenda at the April 101h meeting. I realize this is a sensitive topic for some people and I think we all heard that in personal discussions we were involved in before the council meeting, as well as at the council meeting and following the meeting. But that doesn't change the fact that we represent everyone, including those who didn't contact us or come to the meeting. At the April 101h meeting Pastor Paul Baker offered that the local Ministerial Association would accept "the challenge" to bring in pastors of other faiths to provide the invocation as a way to provide more diversity. While not a perfect solution, I was willing to give that a chance with the understanding that if it didn't work out I would likely bring the topic up again. As you know, the Ministerial Association later provided us with a letter dated May 8th that stated that the group is a Christian organization, not an inter-faith organization, and are volunteers who among other things volunteer to offer the invocation at our council meetings. As such they are willing to leave spots open for others to offer the invocation, but they are apparently unwilling to take a role in facilitating that. I respect that and I appreciate that they were willing to discuss the subject as a group and then let us know what they are willing to do. However, I still believe that, as council members,we also need to respect the beliefs of others. Personally, I would still prefer to do away with the invocation and just recite the Pledge because I think that is more appropriate for a governmental meeting due to its civic foundation. However, if the council would still prefer to have a prayer I would like to propose that we replace the invocation on the agenda with a Moment of Silence. This would provide each council member with a moment to prep for the meeting in the manner that they like, whether it is saying a personal prayer or collecting their thoughts in some other way.As a scheduled part of the agenda each council member would know they will have that opportunity whether they are coming from work, another meeting, or some other place. The point is that it would be personal, with everyone being provided the opportunity to use that time in a manner that is best suited to them.This is similar to the example previously given of an athlete who takes a personal moment before beginning their competition. That isn't to say I don't think that council members, residents, pastors and churches should not say a prayer for the city council and other community leaders. Rather I encourage it and welcome it. I just don't believe it should be a public part of our city council meetings. It is a belief apparently shared by many other units of local government. I also know other Christians who also think the invocation is inappropriate. The Moment of Silence is a reasonable alternative to respect the different perspectives and beliefs of all. Sincerely, Steve Ordinance No. 18-787 Publication No. AN ORDINANCE AMENDING SECTION 30.18, "REGULAR MEETING ORDER OF BUSINESS" TO REMOVE THE INVOCATION AND ADD A MOMENT OF SILENCE The City Council of the City of Hutchinson does hereby ordain that Hutchinson City Code Section 30.18 be hereby amended to read as follows: SEC. 30.18 COUNCIL PROCEDURE AT REGULAR MEETING. The City Administrator shall prepare the following items: (1) an agenda for the forthcoming meeting; (2) a copy of all minutes to be considered; (3) copies of such other proposals, communications, or other documents as the City Administrator deems necessary or proper for advance consideration by the Council; (4) a compiled list of all claimants who have filed verified accounts claiming payment for goods or services rendered the City during the preceding month, such list to be called the"Claim Report" and bearing headings "Claimant", "Purpose", and"Amount"; and, (5) miscellaneous communications from the City Administrator on administrative activities of the preceding month. The City Administrator shall forthwith cause to be mailed or delivered to each member of the Council copies of all said documents. Roberts' Rules of Order (Newly Revised) shall govern all Council meetings as to procedural matters not set forth in the Charter or City Code. The order of business at regular meetings shall be as follows: 1. Call to Order. 2. hiN-eeff6-fi. 2. Pledge of Allegiance. 3. Moment of Silence 4. Recognition of Gifts, Donations and Community Service to the City 4 5. Public Comments 6. Minutes 6- 7. Consent Agenda. 8. Public Hearings. 8- 9. Communications, Requests and Petitions. 9- 10. Unfinished Business. 11. New Business. 44- 12. Governance 13. Miscellaneous 14. Adjournment. Matters inappropriate for consideration at a meeting, or not in the order specified, shall not be considered except(1)with the unanimous consent of the members of the Council, or(2) scheduled public hearings or bid lettings at the time stated in the notice. Adopted by the City Council this day of ) 2018. Attest: Matt Jaunich, City Administrator Gary T. Forcier, Mayor HUTCHINSON CITY COUNCIL City ofAa� '7 Request for Board Action 7AL=- M Agenda Item: Calling a Special Workshop Meeting for 4 pm on June 26 with the HRA Board Department: Administration LICENSE SECTION Meeting Date: 5/22/2018 Contact: Matt Jaunich Application Complete N/A Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑ New Business Time Requested (Minutes): 1 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: The HRA Board requests a workshop with the City Council to review the recently conducted employer survey and application to Minnesota Housing for affordability gap funding for owner occupied workforce housing in Hutchinson. This workshop would play to our concerns about affordable housing as discussed at our Strategic Planning Session in March/April. BOARD ACTION REQUESTED: Approval of calling a special workshop meeting for 4 p.m. on June 26 with the HRA Board Fiscal Impact: $ 0.00 Funding Source: 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: Public Arts Commission Meeting 4/10/2018 3:20 pm Attending: Steve Cook, Jon Otteson, Kay Voigt, Greg Jodzio, Tinea Graham, Guest: Morgan Baum Called to Order 1. Reading of the Minutes from March 15th meeting - Motion to Approve as written by Kay, 2nd by Greg, Passed. 2. Sculpture Stroll Updates Steve reported - a. All Artist agreements are returned. b.Lamicords being produced by 3M - inquired about adding artist websites but was not included. Jon reported- c. brochures- new map in progress, noted adding Parental Love and County Store Mural, keeping SMAC/Legacy acknowledgement on back. Brief discussion on folding options, additional places to distribute brochures for total quantity needed. Bid price still out. Decisions tabled to next meeting. Steve reported - d. Installations - Randy Carter sent installation spec emails to artists, has connected with most of them, will update Steve as others are received. e.f. Website and Facebook need updates - no information on creating links to artist's statements or websites. Jon and Greg to meet with Hailey for instructions on process for updates. g. Brochure holders and vote boxes - Note to add People's Choice Vote and Deadline to Chamber page and City page. Greg will check with newspaper on running article with reminder to vote. h. Other - Discussion of Kick of Event - Tried first 2 years but very low attendance. Discussion on possible connection to another event? Action tabled until next meeting. 3. New member - Morgan Baum invited to join board, she agrees with provision to be able to take a possible leave of absence for family reasons. Paperwork application to be filled out and submitted to city for approval. Note: may still need another member - board members asked to search for possible candidates. 4.Additional Arts Projects- Greg shared information on Artist developed skin wraps for utility boxes / Painted crosswalks Morgan outlined idea for Sculpture decorating by artists for fundraiser similar to Dassel "Rooster" /St. Paul "Snoopy". Large money amount raised. Will check on cost details from Dassel project. Discussion to continue at future meetings. 5. All members asked to stay for City Council special workshop session. 6. Old Business carryover to next meeting - Corporate Sponsorship - Steve to work on drafting letter, members to create possible donors list. Call to adjourn meeting by Greg, second by Steve. Meeting adjourned. Respectfully submitted by Tinea Graham, PAC secretary. HRA HUTCHINSON HOUSING AND REOEVELdPMFNT AUTIIONITY Regular Board Meeting Tuesday,April 17, 2018, 7:00 AM Minutes 1. CALL TO ORDER: Chair Renee Lynn Johnson Kotlarz called the meeting to order. Members Present: Gary Forcier, Eileen Henry,and Nikki Willemssen. Staff Present: Jean Ward and Judy Flemming. 2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON MARCH 20, 2018 Nikki Williamson moved to approve the Minutes of the regular board meeting as written. Eileen Henry seconded and the motion carried unanimously. 3. FINANCIAL REPORTS a. Nikki Willemssen moved to approve City Center Gcneral Fund payments of$20,950.54 for checks 8922 to 8926. Eileen Henry seconded and the motion carried unanimously. b. Nikki Willemssen moved to approve City Center March 2018 financial statements. Eileen Henry seconded and the motion carried unanimously. c. Nikki Willemssen moved to approve Park Towers operating account payments of $63,667.99 for checks 14252 to 14283 and approval of Park 'lowers Security Account payments of$128.79 for check 1567. Eileen Henry seconded and the motion carried unanimously. d. Nikki Willemssen moved to set HRA audit report date for May 15,'at 7:30 A.M. Eileen Henry seconded and the motion carried unanimously. e. Nikki Willemssen moved to approve the draft 2018. Cash Balance Analysis Report. Eileen Henry seconded and the motion carried unanimously. 4. PARK TOWERS UPDATE a. Occupancy Report— 100%occupied. b. Jean Ward reviewed with the Board the Park Towers' April Newsletter. c. Nikki Willemssen moved to award the contract for the Park Towers Caulking Project to The Caulkers Co. Inc. for$84,000 base bid and $5400 installation of Trap Weep Vents for a total contract cost of$89,400.00. Gary Forcier seconded and the motion carried unanimously. d. FYI: Pre-Audit PHAS Score Report 5. WORKFORCE HOUSING DATA REQUIRED FOR IMPACT APPLICATION FOR AFFORDABILITY GAP a. Jean Ward reviewed with the Board the Builder price points for Greater Mn Housing Fund Starter Home plans which are due April 27, 2018 b. Jean Ward reviewed with the Board the Employer survey - results due April 27, 2018. c. The Board discussed who to invite to be on the Workforce Housing Task Force which will develop a 2018 plan to expand for sale starter homes in.Hutchinson. Nikki Willemssen and possibly Renee Lynn Johnson Kotlarz will be the HRA Board representatives on the taskforce. April 17,2018 Minutes Page 1 of 2 6. COMMUNICATIONS a. 2018 First Quarter Foreclosure Report b. Star Tribune- Affordable housing unchained c. FYI: No Response from the owners of 141 5h Avenue NE. 7. ADJOURNMENT Nikki Willemssen moved to adjourn and Eileen Henry seconded. There being no other business, Chair Renee Lynn Johnson Kotlarz declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director Garyl r. tier, SccretGjry!Tre�lsurer April 17,2018 Minutes Page 2 oft HUTCHINSON CITY COUNCIL CayofAa� Request for Board Action 7AL=- w Agenda Item: April 2018 Financial and Investment Reports Department: Finance LICENSE SECTION Meeting Date: 5/22/2018 Contact: Andy Reid Application Complete N/A Agenda Item Type: Presenter: Reviewed by Staff ❑ Governance Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: For Council review, attached are the April Financial Reports for the general fund and enterprise funds. Also attached is the April Investment Report. You will notice a separate Oppenheimer account statement for the hospital lease payoff monies of$5.939M. These funds are in a money market account which earned $7,421 in April. Those earnings are not reflected on the April statement as they were posted to the account in early May. The yield on the money market continues to rise and is currently at 1.63%. Feel free to contact me with any questions. Thank you. BOARD ACTION REQUESTED: 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: F- m m 0rl- N LC) LO a) CO CO O 00 C`7 O Ln ti C7 o i N 00 V LC) N 00 C`7 1 M 00 =' 00 CO 00 C`7 (L) r Q W N — N N M r N N N LO N N m Cl) (6 o � O � c CO 0 0 0 = 0 0 0 00 N LO CO LC) 0 0 00 O O O LO M O O CO O O N LC) V LC) r— O O N O U O F- r- O LC) 00 N LO = 0 0 r O LO V 0 0 0 r O W Ch O Ch Ch O N O LC) CO CO N O O O O - (' CO O 00 N = CO 0) LC) N O r- CO 0) LC) O = O O O C 0 r- m N V 00 m N M = 00 LO LO CO co Ln :tf> > N = V N N N CO N N m r r (6 0- � U O O T � r- 0) N = r— 0) (L) CO = LC) = O M (L) O 000 00 V N O 00 N Ln r- m 0) m O O Cl) co O J ' 00 00 N LO N = V ' Cl) r- 00 r— CO O m Cl) 0) O ~ Q Cp Cp LC) Nf L() C6 C:O O V CO r� N O L() r` (L) Q (6 Z > CO M CO N r— N r co 00 N 0) LC) O co (D O) O r-_ F- Ch V ti Ch Cl) LL) O +_ T.- () r N M r F- U) N Q O Z o' � U � CO r 0 O M V v O C`7 00 V O r Q 7 O O Q Q0 i = N C`7 O CO V i 00 C`7 CO O O U) U O W N LC) N N N C`) r N N N N O M C6 O O N m Cl) H e = O O co W (D CO r— LO M = LO M Lc) LO 00 O V O O r.- co O 7 O 0 V m O N m LO m IT r— CO 00 O O qT O J W V O C`7 0) V LO r— r— N 00 00 r- O O (0 LO 70O O m V LdCiN (6Cocov � r = v0i � oo M rl — N Q Z N M 0 0 0 M O M r LO r— M V ` M LO rO U J Q O N LC) O N O O CO 0) V N rl- Q U L O a J V r r CO r O r (n C {O M m r L (6 (6 J Q � H 70 RN �, c CO O O V O N O Cl) CO O r- O 00 O r 00 0 (D O (p m O 0) O O 0) V r- 0) 00 O O co 00 (n a Q V OO = LOLOO O ' co 0000r- N N O O N O W L() L() C`7 L() O 06 L() L() 00 � C6 06 N = O O r C O W /1� (D N O V LO V = = LC) Lc) LO r- V CO O LL) O V CD CD O m m LC) 00 m LC) co CO 00 CO LO LO N IT p Z_ N N N N CO N M E ILLI LL (6 _� 00 >+ � N 00 LU — o V CO CO O r— r— co N 00 CO 00 qT LO O LO = LC) = Ch Cp Ln N N O O 00 IT co O r— N O C`7 NLc) O r- O LC) N ' IT co O Z 0L() CT Cb N N O r— r` (6 V 06 V = (L) 00 (6 m (D 00 V V M IT 0 0 0 LO co M O LU a/ � r Cb CO Do LO N r V O r O U) O a W -i >M r N M N 7 70 wa � o a Z 00 LC) r— O V LN O V G) V - > Cb O f� Cb r LO Cl)Cp N � � O Q 00J V LC) N N LC) ' LC) ' r` 0) r— N ' O M - CD V O r_ � 06 CO Ln r_ r_ L() (6 r` r M T LUN LC) CO T (L) V LO m V 00 N 00 Q 00 00 d N Cl) CO N O CO Q N CD (6 CD CD N N Z O C O O WH (6 H H LLI co W Cl) U) C: cn D U) W > W c W D ami a� W U) (D X W aU >) � .0 w W > aZS � J W J W LL a� a� w .- � Q c (n > Q w y vi o o o O m U o 0 O W c L. > c �C 06 o o o ozs a� vi c6 c6 i cx6 w o LL U ~ 06 O Z G1 > a� �° o 06 a� a� �° a� z a U) U c O 0)— U) Q — a� a� G1 x � � 0 � � U � � iLU > U) U) C) V � W F- C`7 N 00 O 00 0 V M 0 0 0 M — M M M LO CO M V LO LO V I-- N I-- O N CC) N O , 0 0 0 'T (Y) N (D 00 I- O O N (O O O LO M M N LO M L() V N CO Q W N Ch Ch Ch N Ch Ch Ch N Ch N c0 N Ch Ch N Ch Ch N Ch N N Ch Ch N N Ch N O m Cl) N 0 N CO O M O CO O LO M M LO I- O O N r- 0 M O 0 M LO N M V O M M 0 0 LC) LC) O O O m 0 0 m I- O O 0 LO I- C`7 0) N O 00 O N I- N V LO I- r- = N O N 00 (O 00 V = LO = C`7 LO O O O V LO 00 O 00 I- 00 N = I- V N M I- O 0 M r W 0) (fl LC) r_ (fl V = L() C6 (fl (fl O O C6 (fl (b (b C6 N V C6 06 06 (fl V N C6 (b O r C7 V 0) LO V 0) LO C`7 I- = O = = V C`7 = V C`7 C`7 00 C`7 I- r LO N N C`7 O LO O C Q Ch Ch N N LC) N N Ch N V LC) N N Ch 00 N N N V CO 00 N = Ch N m � Ln (` C`7 O (D LC) C`7 V N 00 00 (O O 00 V O O (D LC) V N = I- Ln O N O O CO 0 (D C`7 V I- 0) O O O 0) 0) 0) 0) O N co N (O LC) N V I- 00 00 00 I- r- N V M J V (D C`) I- V V 0 I- O Ln r- M N I- O O = N M I- r- V V I- = N O M Q (O Ln 06 N V N (:O Ln r 0) V (O Ln 06 06 06 = (:O V C6 V LC) Ln ti N (D 00 V CO Ln 0 O O r- NV CO r- N V V M LC) = M M 0 O O ti H O = C`) N Cl) T.- () Cl) U) N Q Z U F- Ln Ch V O Ln O r- (D N O = V = O C`7 O (D O A V N (D 00 00 N N V O V 06 O 06 06 6 6 (`� (b (b O V N I� O (`� (0 N V N (O (fl O F Q W N C`7 C`7 N N N co N C`7 N N 00 N = N N C`7 N N V N C`7 C`7 C`) N N N V C`') N m Cl) � o O (D r- O N r 00 Ln O 00 O 0) 00 O C`7 N (D (D O 00 C`7 (O M I- Ln N r- O O r- O ti co W O M O 0 = M M I- 0 M N (D N V O 00 V I- (O = 0 0 0 0 r- (O V I- = O = qT T- J W (D r- = = r O (D 00 V 0) C`7 I- 00 C`7 M M = N M O O M LC) LC) O Ln Ln M O M CO O m V r-_� r-_� C6 (fl 06 C7 (fl (fl 06 0) CD- LC) = 0) I- Ch 0) (fl O = 0) CO = (fl CO (fl = r-- Ch V M U Z C`700 N C`700 (O N O 00 I- N C`7 O N 00 I- 00 (O 00 (O LC) (O = LC) 0) O 00 00 f1- N J Q N N N = M N N N N M 0 C`) (D N 0 M Q m F- J_ N O O I- N = 00 N 00 (D Ln V O O 00 N I- C`7 0) C`7 O 00 V CO M O I- 0 0 CL F- O O = Ln M M N Ln LC) N M = M M O O O M Ln r- (b V N M 0 O I- Ln 0 O O WCD W 06 C6 06 VC) CO C`7 06 O r_ N O N Ln � N O (` (fl (b V Ln C`7 (fl (fl (:O = C`7 1� V N L (D V (D (D C`) N = C`7 (D Ln 00 (D V00 C`7 O N LC) N = O V I- COO V C`7 N C`) LC) = C`7 C`7 C`7 C`7 V Ln N N C`7 O N N N C`) N N Z N C6 M LU � m r Z W (D C`7 Ln LC) O I- 00 00 (D LC) N O LC) O = I- O Ln CO N CO O M (b V N M M O IT N O 0 = N M N M N LC) 0 LC) (b V O I- (` 00 00 00 C`7 C`7 00 V (D O C`7 C`7 IT N N ' (`') = ' 00 LC) r- N O V O LC) N 00 O I- (D 00 O (D N Ln LC) = (D (` r- IT Z O N V C6 LC) C6 N C6 (:O = = (fl C6 V (fl LC) (:O (fl C6 I� (:O 06 r- M 06 (fl CO W N N Nr- O V I- V Ln O O 0 m O m 0 N V m I- m LC) m N 00 00 CL W Q M Xa LU F- Z Q Ln N N N O = O V O (D C`7 V 0) 00 N (D 0) C`7 0) Ln (D r- 00 (D V C`7 LC) I- CD I- LC) V = 00 O C`7 (D O (D 0) Ln O Ln Ln N N O 0) (D 0) = C`) V N LC) LC) IT Q co J = O 00 I- ' (` Ln ' C`") co O O O V (D ' V V V 00 LC) = VG) 0) = I- N (D O O O C`") O N C`7 06 Ln r C`7 N O N N C`7 C`7 (b (fl (b I� LC) V (:O = N V C`7 I� C`7 = fl W N co LC) N CO � (D N CO N CO CO N S N LC) � N � CO CO Z Q cv N W W co D t— X o LUz LU W c g ca x _ p c Q a) c W c a) J o LL U a� (n ca a� o c MD a) m m H a) c Q a) Q c . cts a) c Y o a) c m im U U U Q > azS U o fl 0 U a) is 0 a) U a) a) a) U a) a) = o Q o ami _ Q 2 a� 0 o c a� � � o Q � � � � � � � o 0 (T6 U C O U) � (6 .O o E (0 aU) () >- (6 aUi > > C C� v w iL 2 Q -, � v z w Un iL a_ w Un a_ � co v a w w U Q 1 11 F- V Lo t C`') O LO LO C`7 r o 0 0 0 0 0 100- r- r- LC) ti r- 00 V r� (`') N T N Lo 00 V (D (Y) Q W N - N N N N N C co (b r- V (c) Ch N N m t 0 � U O O O O r- 0 0 0 0 0 0 LC) N N N V (b LO (3) LC) N 0 0 O O O (Y) r- LC) LC) LC) O O O C`') LC) Ln (D (D r- O O r- r- O (b F- O O O c') c") N LC) (b O O O (D O O V C`') r- O (D OJ: L(5 O W (h V rl = N V C6 LC) O O O � O M (D O LC) (A = (3) N N (� N N (A (D N = O N (b N C`7 O ti LC) co r- r Q r LC) (D N LO N r N V N (fl LO V (fl (14 m i Q (» (D N co O CO = LC) O co N = (b C`') C`') r- O 0 0 uj 0V N (.0 V = LC) CA = Ln LC) O (Y) r- N00 O V O J (Y) (D Ln r- LC) LC) O r i i i i O Ln = LO O LC) C`') C`') V L(7 Q C6 O LC) C`') O Oo O = O 00 (b N N m O F- (D LO N LO V r N Z N O Q 6? O V F- rn r- rn LC) LC) N C`') o 70 ti C7 r- v r� rai v ai r- LO 0) Q W N N N N = N N N O m Cl) O) � o � O 0 0 0 0 0 0 o O `7 006J CO V O O r- O LT r- Cl) o � C W O � � C`') CO O V L(7 CD r- O V r- (.0 = (A O Cb Cb O N fl' T- J W O V It V N (b LC) (b O r- O O r` . N . Cb C`'. V O O m U C6 C6 LO N C6 C6 66 L(j C7 (O L(j CO r v Q (V Q z O O O r- N LC) O (b Nr- LO CDC U J Q LO LO V V LO r r- N m Q >r Q J v v o6 v t L0 M m U ami J Q O O O O = 0 0 0 0 0 0 LO (D LO (b (Y) (Y) (D C`) O o o .� O a O O O (Y) N LO O LO O O O V N (D O V V (D O 6) U) CL Q H OO O NOr- (b (p0000 r- r` CY) (3) CY) co0) 0) J: vo co W LC) V O r� LC) LC) O LC) LC) C cr O O N (D O 00 O N N W /1� (DV It (3) rl- NN O N00 N LC) r ti (b (b r- C`7 r- (D a/ V C Q N N (D (D N LC) C`') r C LC) r- N (D z N CO LO V (D NLU 2 (0 0 m O Z �. -O W rl- (A LO N N N (D r- (Y) r` C`7 LC) N rl- rl- co LC) 0 0 (6 (A (b co LC) LC) V LC) r- r- O r- (D C`7 N 6J C`7 (A O V (A LO Ln (b r- (A N r- LO O N V N O (Y) r- ('. (fl E Z O_ N C6 r_ C6 (fl C -I CO Ch LC) O C`7 = N N N O V It 00 () (O C`") 00 Ln = O (Y) C`") V r- (n Wa/ CO H r- rl- N LO r p (D (b N r- d W J > V N W a V> E Z co CN N M LO M 0 (D r- C`O') OE M O + � W V It V Ch N U (A W Jm3: O � � Q U 70- o W o m CO w Q' Cl) D w DU) a� z (1) w >� z > w �, w (n ami U) d Z w C: w w � w w W O J O _ LU J (� LL H � U D C () H H '�+ 0 6 O (0 Co 0.'S O Oi 7 � O W 7 Q LT O (a ~ U) o� U) O is , H z -i U O � 0 O O U O C) O.Q. U) _ _ C 0 Q i c) C: Q Q O U) 2i U 000 V F- O C`7 r� 0) - C`') LC) CA N N r ti (7 o Cb O V i =' -1: i ti O N O i i i Ch N o w NCY) � N ChNNLO Nm Cl) � O o � O O O O O O LO 0 0 0 0 0 0 LO O O O LO O O O Ln C`7 O LO O O O O O O IT U) O 0) O ' 0 0 ' O (D (D N N O O O C`7 O O r-- O W O V L() O N r (6 N N O O LC) = 00 fl O C) 0) C) O U (� I- = N LLn (D N N = (D L 00 r Lfl N O Q 00 LO (D V = LO N N V a) �- N = cl O m O N U O O LC) (D r- r- IT (D O = r Ln O L' O Ch N a) 00 LO f- N N Lfl M 4 0 J 0) V (D ' CA r� ' Ln O f- V N ' ' ' CA IT r y O ~ Q O N LC) C`') -I O V CA I� V LO 00 O Z V O O C`) V C`) O O I- O0 F- LO N co qT M Q) (B O Q (n i Z : ) Q) :3 F I- V LO O 00 O C`') G) LC) co .N U r-_: V 1 I- 00 i � O V 6 � 1 1 1 C) r � Q W N V N (D N C`7 N = LO r U) N m O O O C`') N Ln V Cb I- O O O ti N o 0 0 0 0 0 0 0 W Cb Cp O 00 N IT O O (D O O O V N 00 Cb I- O N C`7 N Ln r J W CA O ' O (D ' O O (D C`7 O O O O O O O M 0 LCj r-_: 6 O m V OV C6 LC) O = O N r- O O O V LO LO ' N ' N N Q z I- O 00 O LO C`') CD C`') (D LC) O 00 LO O CDC U J Q Ch C) V N C`7 = V C`) N LO M L O J N M r L 4- M Q m U) U J_ ca OR 000 00 O 00000000r- Ln Ln O LO 0 O LO LO v0 a O O LO C`7O (D0 0 0 O N N ti O (D LO V N O CLF- CD r- O ' O LO ' N (D C`7 O r- O O O (D N O N LC) O O V LC) V IT Q W O ( O LC) V LO CO N L() V O O O L() fl O m LO 0 0 C`O') m N O W 'n co Ue 00 = V LO O O I- C`') C`') = CO LO O 00 Ln CO 00 LO CO T = LO C`) V a) O C`) Ln N LU LL Z N M n" N � � m o Z W O r- 00 LC) LC) Ln V CA N C`') O co fl- a) LO m N N N N N 0~0 N 00 O = f- O M 00 (D C`7 00 O O O LO O ' O 00 ' M (D (D LO (D ' (D r r (D N O N = Ln Z O Q O LC) LC) (6 C:O LO I� = M r_ O r W ao Cp LC) O r C6 ( Ln O = LC) C`') N V C`7 O O O M C`') CA f- O V V N r LUa/ J H LO N O N IT IT p C`7 Ln N CL W Q N wCL F- U Q 00 LC) I- M IT (D C`7 LC) 00 N N N N Z r� (D N O N O O O 00 V v Ln co I- LC) V ' N ' O C`') C`') LC) ' ' ' ' N 00 f0 f0 Q C J ( V ( N V v C7 U) ( L600 CO W N N V V 04 N V N fl- U (B N N Q E c+ra U U Z E Q o W N LU c LU o W z LU a x ami ami z Q1) Z w > om) cn c cn > U)) a � (1) c W C Cl)°� Qa� � a� x _ M a) � Lu � -2 Q c Tw Q W y U) LL 0 ( ( U 06 ( O 0 o L L _ ' O U U 0 o D) c�a >� ami ami w U) U) � U2iU U) U) F- 000 z U F- C`') CD r� C(') C(') O O r- V0 C`') C`') Ln N ti N ch V 00 V r- O CO (Y) CO r O O Q W C`7 V Cl) N = C`') V N C`') r N C mCl) U N i o � Q) U) :s 0 O O O 00 O O V 0 0 0 0 0 0 0 IT i O O O O O O O 00 C(') C(') 0 0 0 0 Cn M M F- O O O ' C(') C(') O ' O C(') CO V LO O O O CO co co W O O Cn ( C7 (`') 00 C() 66 O N O O C`') O 1 C (' N = N N co CC) = 00 Ch CO CC) N CO 00 O c p (Y) V CO O CO N r- C`7 CO V r O p N = N Ln V- O m N N Ch 00 CO O C`) CO r` O C`) CC) Ch C0 CC) N IT Cn 0.S r- Ch = 0 6) = M Ch LO 00 N N r O J = V CO ' = C() N ' r V C`') 6) ' CO ' CO r O ~ Q C6 CO = L N 66 00 O C6 C() V L N N LO4i Q) Z >- V r- O N r- V V O V r r Cq 3 O ti � 6) N N V O N U) O a r r Z N ¢ � UN CO V L(7 f- CO LO O O O O O_ N (p r- oo o) r-- (Y) N N N QW N V N r- r- N N N N r N � N 0` N 06 r--: 6) O C() V 00 N m (n V N _ U � o y O CO N O O N r C() O V O V LO Ln m 6) CO M O 0 N 00 co WW O V 6) O 6) 6) N 6) V V N O V O Ln M (n C`') 00 C`') ti 6) V O M r J V O O ' V (Y) (Y) ' O CO = 6) V O V O r` 00 L r- r- 6) r r C`7 (D V IT O m V C6 6) V � V- C6 C`') V 66 O C6 O C6 r` Ln (Y) C(') N V M = O V LO V N Q Z CO = 00 N O 00 CO 00 CO CO CO O N N 3 ti = V CO IT N CO r`J Q O N V O V = C() V V O N M Lr) O L O J N N r (n N H J Q m � o OR 000 000 O C0000000 2� a) rn M � � M M V V 0 v a 000 000 O chOch0000 � i M r- M m m N CL Q 000 ' LoLoO O 00r- 00LO000N N 6) 0 r- 0 V V O m W O O O CO C`') O O C6 66 O N O O O C6 O 600 6) r N C`') Cd O W 'n co Vr N = V V N r- = O C) M C`) CO LO LO LO LO O V V LO LC) N CO O W V O Q 6) V CO CO N 00 CO V V M N L co Z N :3N v L6 � N � o m Z W (Y) V 00 O O 00 O C`') 6) 6) (Y) CO r- M LO U) (Y) LO O O = O r` V C(') 00 r- C(') C`7 LO r C(') (Y) (Y) ' = C(') O ' O = C(') 00 O ' C(') ' = M r` Z O 0 = O C() C() N N Oo C() CO C() C6 O N Ln C(') 6) C(') r 6) C(') = N 00 C(') N O Wa/ CO H 00 N N V r i X W Q n LV d H o U (Y) r- r- O (Y) M (D LO N O 6) N r m y Z Q N V N V V O (D LO 6) LO V r 00 O O 2 (1) 00 00 (Y) V ' ' 00 O ' O C(') C`) ' C(') ' ' 00 NLL 5; (0 � a) N Q C J Ch (o Co � Co �i � v Co v Lfl � --Fu Cl) c0 W N M V O M N CO IT Ln Ui M M (n CL N Cl) r r (6 (6 N = = � a� 3 U U N Z Q te) o U) aZ Cl) U O j U m U) O W Cl) w w o W z F- a ai w D w o w > a� a� z z w j c a Lu °� a) c W (n a) c K N U)X Q W _ m � ( J cB LU _ x J Z (n a) a) w . 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Monthly Report 1st Quarter 2018 Building Department Permit Activities 1st Qtr. 2017 1st Qtr. 2018 2017 Year to Date 2018 Year to Date Total Number Inspections 342 347 342 347 Total Number Plan Review 19 25 19 25 Number of Permits& Number of Permits& Year to Date Number Year to Date Number Building Permits Issued by Type Valuation Valuation Permits&Valuation Permits&Valuation Commercial (new) 1 $2,968,690.00 2 $6,761,366.0 1 $2,968,690.00 2 $6,761,366.00 Commercial (additions/remodels) 7 $37,571,006.00 10 $1,885,415.00 B 7 $37,571,006.00 10 $1,885,415.00 Total Commercial 8 $40,539,696.00 12 $8,646,781.00 8 $40,539,696.00 12 $8,646,781.00 Industrial (new) 0 $0.00 0 $0.00 0 $0.00 0 Industrial (additions/remodels) 0 $0.00 3 $918,000.00 0 $0.00 3 $918,000.00 Total Industrial 0 $0.00 3 $918,000.00 0 $0.00 3 $918,000.00 Fire Sprinkling 3 $8,046.00 3 $51,180.00 3 $8,046.00 3 $51,180.00 New Residential 2 $397,383.00 1 $203,941.00 2 $397,383.00 1 $203,941.00 Residential mist (additions/remodels) 17 $67,090.00 21 $372,571.00 17 $67,090.00 21 $372,571.00 Set Fee permits (reside, reroof,window) 59 $0.00 71 $0.00 59 71 HRA Permits 2 $30,600.00 0 $0.00 2 $30,600.00 0 $0.00 Waived Fees 0 $0.00 1 $4,000.00 0 $0.00 1 $4,000.00 Subtotal Building Permits 91 $41,042,815.00 112 $10,196,473.00 91 $41,042,815.00 112 $10,196,473.00 Mechanical 43 $4,795,063.00 37 $933,653.00 43 $4,795,063.00 37 $933,653.00 HRA Mechanical 0 $0.00 0 $0.00 0 0 Plumbing 21 $0.00 25 $0.00 21 25 HRA Plumbing 1 $0.00 0 $0.00 1 0 Total Valuation 156 $45,837,878.00 174 $11,130,126.00 11561 $45,837,878.00 174 $11,130,126.00 *Set fees not included in valuation A Commercial New 48 Denver Ave SE (Highfield Apartments#3) -$2,968,690; 416 Prospect St NE (Cobblestone B Hotel) -$3,792,676 Commercial/Ind. Remodel 1095 Hwy 15 S(Hutch Health Cancer Center)-$1,350,915; 1320 Hwy 15 S#103(Pet Smart demising wall)-$400,000;50 W Highland Park Dr. NE (Uponor Chem Storage)-$358,000;50 W Highland Park C Dr NE(Uponor Mixing rm)-$335,000; 50 W Highland Park Dr NE (Uponor Quality Lab)-$225,000 New Single Family 150 Summerset Ln SE-$203,941 Other Building Inspection Activities Jan 12- MN DLI TAG mtg; Jan 17-SW MN Capter mtg;Jan 24-Structural TAG mtg;Jan 26-AMBO Board mtg; Feb 7-Structural TAG mtg; Feb 12, 13, 15, 16- Region 3 Education; Feb 21-Structural TAG mtg; Mar 2-Structural TAG mtg; Mar 21-SW MN Chapter mtg Evergreen Meals served January-March Park Week of Hutchinson Towers Silver Lake Glencoe Brownton Stewart week 645 189 42 414 53 139 week 809 382 84 437 88 282 week 837 284 109 515 121 250 week 744 301 197 422 207 275 week 613 181 43 384 81 152 3648 1337 475 2172 550 1098 Total Meals served January- March 9280 Dates Closed Jan 1 (New Years);Jan 18; March 5 & 6 (snow); March 30 (Good Friday) Planning and Zoning Quarterly Activities Year: 1St Quarter, 2018 Activity Number Additional Info. Number of Planning Applications Reviewed and 5 Consideration of a Preliminary and Final Processed Plat and Vacation of Easement for Garbers Addition to Fairway Estates, located at 1424 and 1428 Heritage Ave NW. 3rd Ave Recycling, Southfork CUP and Vacation of Easements. Number of Joint Planning Board Applications 0 Reviewed and Processed Number of Planning Commission Meetings 2 Consideration of a Site Plan for a multi- tenant retail building and Variance to reduce parking stall size in a C-4 zoning district, located at 1094 Hwy 15 S. Garbers Addition Plat. Number of Joint Planning Meetings 2 Consideration of a Variance and Preliminary Plat located in Section 8, Hassan Valley Township; Consideration of a Final Plat located in Section 8, Hassan Valley Township. Number of Zoning Reviews for Building Permits 6 (Compliance with Zoning Code) Number of Land Use Permits Issued-(Fences, 1 small sheds, patios, driveways, detached decks,etc.) Number of Zoning Review for Sign Permits 27 Number of Predevelopment/Pre Application 10 Residential housing projects; JPB-Jay Meetings Malone; Dance Studio; Ravenwood Number of Misc. Planning Meetings 49 City Council -4 PBZ Staff Mtg - 3 Directors Mtg - 5 Public Arts - 2 Resource Allocation Mtg Facilities Update - 3 Telecom/ROW Ordinance - 2 Planning Staff- 2 Depot Mtg Kris Betker - 2 Newspaper Interviews -4 Airport Zoning Solar Suitability Safety Training Scanning Project-3 Parks Master Plan AJ Forcier Gus Wurdell Ameresco Small Cell Conference Call Jay Malone Charter School Barn Quilts Chad C Heritage Ave Merkins Number of Zoning Enforcement Cases 5 signs Number of Walk-In Customers Served 624 Site Visits 10 Caribou, HHS, Uponor, Southfork, Heritage Ave, Ravenwood, Dance Studio MINUTES HUTCHINSON PLANNING COMMISSION Tuesday,April 17, 2018 5:30 p.m. 1. CALL TO ORDER 5:30 P.M. The April 17, 2018 Planning Commission meeting was called to order by Commissioner Hantge at 5:34 p.m. Members in bold were present Chair Fahey, Vice Chair Wick, Commissioner Garberg, Commissioner Wirt, Commissioner Lofdahl, Commissioner Hantge and Commissioner Forcier. Also present were Dan Jochum, City Planner,Kent Exner, City Engineer,John Olson, City Public Works,John Paulson, City Environmental Specialist,Marc Sebora,City Attorney and Andrea Schwartz,City of Hutchinson Permit Technician 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA A. CONSIDERATION OF MINUTES DATED MARCH 20, 2018. Motion by Commissioner Lofdahl, Second by Commissioner Forcier. Motion approved. Motion to Approve—Motion to Reject 4. PUBLIC HEARINGS A. CONSIDERATION OF A CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT AND VACATION OF EASEMENTS FOR SOUTHFORK RIDGE THIRD ADDITION. Dan Jochum, City Planner addressed the Commission. Mr. Jochum reviewed the application as outlined in the Commission's packets. This is a change in the front setbacks from 25 feet to 20 feet on 11 lots and to reduce interior lot lines on 12 lots to zero foot setback and vacate the easements between the lot lines to allow for twin homes. This development was platted back in the early 2000's and had a previous amendments in 2005 and 2007. The current developer would like to have single family "cottage" homes on the north side of the development and twin homes on the south side of the development. Staff is recommending approval of the CUP. The changes are not very different to the original plan and the lots have been sitting vacant for some time and it will be good to see them used. Minutes Hutchinson Planning Commission April 17, 2018 Page 2 Commissioner Hantge asked the average depth on lots? The answer was 120 ft. Commissioner Hantge asked how deep are the proposed homes in relation to needing the reduced setback? Mr. Jochum commented that this would be more of a shorter driveway and not necessarily a larger home, this would help with cost. Commissioner Wirt asked if drainage is currently tied into city storm sewer. Mr. Jochum answered yes. It will be part of the conditions that all drainage will be tied into the City. Josh Baklund 429 Grant Ave— concerned that lots are too small. Built in this neighborhood for nice homes. How did this development get away with smaller lot sizes for the zoning? Mr. Jochum noted this is a PUD (Planned Unit Development). This was set up by a developer back in 2000 and approved by the City at that time. Not many changes have been made from the original development. We are not changing lot sizes only the setbacks on the lots. Mr. Baklund may be coming back to the Zoning Department to look at the original PUD. Vitalis Ikem 1348 Southfork Dr SE - Opposed to this change in the PUD thinking he will experience a loss in his current home price. Mr. Jochum reiterated that this application is not to change anything with the lot lines or lot sizes; we are only changing some of the setbacks to allow for twin homes on some of the lots vs. cottage homes and to keep all the lots uniform as some of the lots already have a 20 foot front setback. Jerry Buck 401 Grant Ave SE— would rather see these lots re-platted at larger single family homes and not twin homes. There were some neighbors that were not notified, not sure why. Tom ? - 1347 South Fork— did not get a notice,just wanted to let the City know. Only heard by word of mouth. Mike Hauan— 408 Grant Ave SE— concerned about the 20 foot setback and the impact it would have on the sidewalk. Mr. Jochum explained that this setback is from the property line and not the curb. It was noted that the lots are not changing,just changing the easements. Gus Wurdell 20455 2481h Cir Hutchinson— Homes planned to be built along the north side of the road are almost a replica of the homes already in the neighborhood. Homes along the south side are mostly twin homes. These are nice homes to be built and are not planning to de-value any homes. Most of these homes will be walk-outs. The setback he is asking for is mostly to help with the impervious surface and not so much cost. This development was chosen due to the homes that were already there and they want to keep the area nice. By having twin homes there will be less driveways as well. Minutes Hutchinson Planning Commission April 17, 2018 Page 3 Nikki Baklund 421 Grant Ave SE—spoke of concern of what the development will turn into. There was discussion on the type of homes will be built. Ron Paggen— 1389 Southfork Dr SE— concerned about property values, and someone to oversee the requirements for the neighborhood if there are any. It has been stated that the association (if there was one) has been defunct. Motion by Commissioner Wick, second by Commissioner Wirt to close hearing at 6:26 p.m. It was noted that if nothing is to change on this PUD, the lots will hold single homes vs. twin homes. That is the only thing that will change. It was also noted that the Planning Commission is advisory only. Motion by Commissioner Lofdahl to approve with 6 staff recommendations. Second by Commissioner Wick. Motion approved. Item will be on City Council consent agenda on 04/24/2018. Motion to close hearing—Motion to approve with staff recommendations—Motion to reject B. CONSIDERATION OF A CONDITIONAL USE PERMIT FOR AN ELECTRONIC RECYCLING FACILITY, STORAGE FACILITY AND OUTDOOR STORAGE, LOCATED AT 540 3RD AVE NW. Dan Jochum, City Planner addressed the Commission. Mr. Jochum reviewed the application as outlined in the Commission's packets. Previously an industrial plating building and then used for warehouse storage. First part is to use this building as a recycling facility. Second part is for outdoor storage,planning staff would like to see screening for outdoor storage. Staff would like to see screening at least 7 feet tall if not taller. The third part is for storage on the property using "shipping containers". The size of these shipping containers falls into building code and staff does not see this part as being feasible. This also gets into the issues of Shoreland District and stormwater runoff This lot is already over the 25% lot coverage (it was "grandfathered" in). Staff does recommend approval on the request,with conditions, minus the storage containers. Commissioner Forcier asked if the Building Official or Fire Chief can do inspections to make sure the owner is maintaining the storage properly? Mr. Jochum replied that the Planning Commission can set this as a requirement, but the Fire Dept. does do a walk through on commercial buildings. Minutes Hutchinson Planning Commission April 17, 2018 Page 4 Commissioner Wirt asked what makes the outdoor storage impermeable. Mr. Jochum replied that the business would need the area graveled if it is storing containers and that would make it impermeable as well. Jeff Krueger— owner of Eco Tech, noted that the company is MPCA approved. All storage and recycling is mainly electronics. Corey Stearns - 320 Yd Ave (Stearnswood) — concerned about outdoor storage. Commissioner Hantge noted that this was not approved by planning staff. Commissioner Forcier asked if there would be a timeframe for storage shipping. Mr. Jochum replied that there is nothing in ordinance. Need to use judgement. City staff will work with the owner. Motion by Commissioner Wick, second by Commissioner Forcier to close hearing at 6:50 p.m. Motion by Commissioner Wirt to approve with 7 staff recommendations. Second by Commissioner Wick. Motion approved. Item will be on City Council consent agenda on 04/24/2018. Motion to close hearing—Motion to approve with staff recommendations—Motion to reject C. CONSIDER REVISIONS TO CHAPTER 90; RIGHT-OF-WAY MANAGEMENT Dan Jochum, City Planner addressed the Commission. Mr. Paulson reviewed the application as outlined in the Commission's packets. Jay Littlejohn—attorney representing Verizon Wireless. Addressed that small cell is more than just phones. Used for other sources like pace makers and c-pap machines to relay information to doctors and sleep study centers. ROW area is for "generally applicable" items to the public. Routine maintenance is also noted in the state statute that a permit is not required. Any work on these devices is routine maintenance (such as swapping out a card). Motion by Commissioner Wick, second by Commissioner Forcier to close hearing at 7:11 p.m. Staff will make amendments and reseed to the group. This will be brought back to planning commission next month for decision. D. CONSIDER REVISIONS TO CHAPTER 154.119; TELECOMMUNICATIONS Minutes Hutchinson Planning Commission April 17, 2018 Page 5 John Paulson, addressed the Commission. Mr. Paulson reviewed the difference between the two ordinances. The 154.119 relates more to small cell on private property (vs. right-of-way) Jay Littlejohn—attorney with Verizon Wireless requested for language change Motion by Commissioner Lofdahl, second by Commissioner Forcier to close hearing at 7:17 p.m. No action will be taken at this time. This will be addressed at next month's meeting 5. NEW BUSINESS 6. UNFINISHED BUSINESS Retaining wall color will be changed to match the City retaining wall color. 7. COMMUNICATION FROM STAFF A. Upcoming Meetings Dan Jochum noted that we have 3 application for the May Planning Commission meeting at this time. 8. ADJOURNMENT Motion by Commissioner Wick, Second by Commissioner Lofdahl to adjourn at 7:20 p.m.