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cp11-28-2006 cAGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 28, 2006 CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Rev. Brian Brosz, First Congregational - UCC 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF NOVEMBER 14, 2006 Action - Motion to approve as presented 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING COMMISSION MINUTES FROM OCTOBER 17, 2006 2. HUTCHINSON HOUSING & REDEVELOPMENT BOARD AUTHORITY MINUTES FROM OCTOBER 17, 2006 3. CITY OF HUTCHINSON INVESTMENT REPORT FOR OCTOBER 2006 4. CITY OF HUTCHINSON FINANCIAL REPORT FOR OCTOBER 2006 (b) RESOLUTIONS AND ORDINANCES I. RESOLUTION NO. 13080 — RESOLUTION TRANSFERRING FROM WASTEWATER, WATER DEPARTMENTS AND 2006 IMPROVEMENT CONSTRUCTION FUND TO GENERAL FUND AND CAPITAL PROJECTS FUND FOR ENGINEERING AND ADMINISTRATION FEES 2. RESOLUTION NO. 13081 — RESOLUTION TRANSFERRING $121,000 FROM WATER, SEWER & REFUSE FUND TO GENERAL FUND & 2002C REFUNDING IMPROVEMENT BOND FUND 3. RESOLUTION NO. 13082 — RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND AND ENERGY LOAN FUND TO HUTCHINSON COMMUNITY DEVELOPMENT (EDA) FUND 4. RESOLUTION NO. 13083 — RESOLUTION TRANSFERRING $321,500 FROM LIQUOR FUND TO GENERALFUND 5. RESOLUTION NO. 13084 — RESOLUTION FOR PURCHASE (PUMPS & LABOR, UNLEADED GASOLINE) (c) PLANNP_VG COMMISSION ITEMS 1. CONSIDERATION OF LOT SPLIT SUBMITTED BY BRUCE NAUSTDAL LOCATED AT 1150 BLUEJAY DRIVE SW WITH STAFF RECOMMENDATION AND FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13075) 2. CONSIDERATION OF LOT SPLIT REQUESTED BY PAUL BETKER LOCATED AT 235 OTTAWA AVENUE SE WITH STAFF RECOMMENDATION AND FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13076) 3. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW TOWING COMPANY OFFICE WITH IMPOUND LOT LOCATED IN THE C4 (FRINGE COMMERCIAL) DISTRICT AT 700 CITY COUNCIL AGENDA —NOVEMBER 28, 2006 AIRPORT ROAD WITH STAFF RECOMMENDATION AND FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13077) 4. CONSIDERATION OF VACATION OF 10 FEET OF A 20 FOOT DRAINAGE AND UTILITY EASEMENT LOCATED ON THE SOUTH LINE OF LOT 4, BLOCK 1, HANSON' S SUBDIVISION OF PETERSON ESTATES, 320 JEFFERSON COURT WITH STAFF RECOMMENDATION AND FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13078 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 06 -0448 FOR DECEMBER 12, 2006) 5. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW OVER 1000 CUBIC YARDS OF FILL IN FLOOD PLAIN FOR CONSTRUCTION OF WASTEWATER TREATMENT FACIILTY EXPANSION WITH STAFF RECOMMENDATION AND FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13079) (d) CONSIDERATION FOR APPROVAL OF AIRPORT HANGAR LEASE POLICY (e) CONSIDERATION FOR APPROVAL OF LEASE AGREEMENT WITH LIFELINK AT THE HUTCHINSON MUNICIPAL AIRPORT (f) REAPPOINT MENT OF DON WALSER TO HUTCHIN SON UTILITIES COMMISSION TO DECEMBER 2011 Action — Motion to approve consent agenda 7. PUBLIC HEARINGS — 6:00 P.M. - NONE 8. COMMUNICATIONS, REQUESTS AND PETITIONS UNFINISHED BUSINESS (a) CONSIDERATION FOR PROVIDING NOTICE OF OPEN ENROLLMENT FOR CITY OF HUTCHINSON TOWING SERVICES AND ESTABLISHING GUIDELINES OF ELIGIBLITY FOR OPEN TOWING Action — Motion to reject — Motion to approve (b) DISCUSSION OF TRUNK HWY 7/15/22 IMPROVEMENT PROJECT ASSESSMENTS AT 465 NORTH MAIN STREET Action 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF PROPERTY ACQUISITION OF LOT 8, BLOCK 2, CEDAR ACRES SUBDIVISION AS REQUESTED BY HUTCHINSON AREA HEALTH CARE Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL OF CREATING CITY FUND TO BE KNOWN AS THE "TAX RELIEF FUND" Action — Motion to reject — Motion to approve (c) DISCUSSION OF PROPOSED AMENDMENT TO CITY OF HUTCHINSON COMPENSATION PLAN Action - *11. MISCELLANEOUS CITY COUNCIL AGENDA —NOVEMBER 28, 2006 (a) COMMUNICATIONS 0 CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 13. ADJOURN 0 MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 14, 2006 CALL TO ORDER — 5:30 P.M. Mayor Steve oo ca e t e meeting to order. Members present were Jim Haugen, Casey Stotts and Bill Arndt. Member absent was Kay Peterson. Others present were John Rodeberg, Director of Public Works and Marc Sebora, City Attorney. 2. INVOCATION — Rev. Brian Brosz, First Congregational — UCC, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF OCTOBER 24, 2006 (b) SPECIAL MEETING MINUTES OF NOVEMBER 1, 2006 (c) SPECIAL MEETING MINUTES OF NOVEMBER 8, 2006 (d) BID OPENING MINUTES OF NOVEMBER 7, 2006 Motion by Stotts, second by Haugen, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA • (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. ECONOMIC DEVELOPMENT AUTHORITY BOARD MINUTES OF SEPTEMBER 29, 2006 2. BUILDING DEPARTMENT MONTHLY REPORT FOR OCTOBER 2006 3. FIRE DEPARTMENT MONTHLY REPORT FOR OCTOBER 2006 4. PUBLIC ARTS COMMISSION MINUTES FROM SEPTEMBER 19, 2006 5. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES OF SEPTEMBER 19, 2006 6. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES OF SEPTEMBER 25, 2006 7. HUTCHINSON AIRPORT COMMISSION MINUTES OF SEPTEMBER 28, 2006 8. PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES OF OCTOBER 2, 2006 9. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR SEPTEMBER 2006 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13068 — RESOLUTION CERTIFYING ASSESSMENTS OF THE CITY OF HUTCHINSON TO MCLEOD COUNTY 2. RESOLUTION NO. 13070 — RESOLUTION APPROVING TRAFFIC CONTROL DEVICES 3. RESOLUTION NO. 13074 — RESOLUTION FOR PURCHASE (COMPUTERS, LAPTOPS, PEACHTREE SOFTWARE, AND DIESEL FUEL) 4. CONSIDERATION OF VACATION OF A PORTION OF THE EASEMENT LOCATED ON THE SOUTH LINE OF LOT 14, RICE ADDITION, 630 DALE STREET SW WITH STAFF 5(¢) CITY COUNCIL MINUTES —NOVEMBER 14, 2006 RECOMMENDATION AND FAVORABLE RECOMMENDATION (SECOND READING AND ADOPTION OF ORDINANCE NO. 06 -0446) 5. CONSIDERATION OF AMENDMENT TO SECTION 154.062 OF THE CITY CODE ADDING LANGUAGE TO ALLOW TOWING COMPANY OFFICE WITH IMPOUND LOT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (SECOND READING AND ADOPTION OF ORDINANCE NO. 06 -0447) (c) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR CHRIST THE KING CHURCH ON DECEMBER 2, 2006 (d) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH ON DECEMBER 21, 2006 (e) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS - CHANGE ORDER NO. 1, LETTING NO. 14- PROJECT NO. 06 -16 (HATS COLD STORAGE BUILDING) - CHANGE ORDER NO. 1, LETTING NO. 4- PROJECT NO. 06 -12 (SOUTH MILL POND TRUNK SANITARY LINING) - CHANGE ORDER NO. 2, LETTING NO. 3- PROJECT NO. 06 -03 (DENVER AVENUE) CHANGE ORDER NO. 1, LETTING NO. 11- PROJECT NO. 06 -13 (AIRPORT T- HANGAR) (f) CONSIDERATION FOR APPROVAL OF ADVERTISING FOR BIDS FOR WASTEWATER TREATMENT SCADA PROJECT (LETTING NO. 13, PROJECT NO. 06 -15) (g) CONSIDERATION FOR APPROVAL OF ADVERTISING FOR BIDS FOR MAIN LIFT STATION IMPROVEMENTS (LETTING NO. 9, PROJECT NO. 06 -11) (h) CONSIDERATION FOR APPROVAL OF DESIGN SERVICES AGREEMENT WITH SEH CONSULTING FOR NORTHEAST TRUNK STORM SEWER PHASES 2 & 3 (i) CONSIDERATION FOR APPROVAL OF CONTRACT WITH GOODPOINTE TECHNOLOGY FOR PAVEMENT MANAGEMENT CONSULTING SERVICES (j) CONSIDERATION FOR APPROVAL OF JOINT POWERS AGREEMENT WITH THE SOUTHWEST METRO DRUG TASK FORCE Items 6(e), 6(g), 6(h), 6(i) and 60) were pulled for separate action. Motion by Stotts, second by Arndt, to approve consent agenda with the exception of the items noted above.. Motion carried unanimously. Item 6(e) had further discussion. John Rodeberg noted that this is for a driveway that was inadvertently omitted from the bid. Motion by Arndt, second by Haugen, to approve Item 6(e). Motion carried unanimously. Item 6(g) had further discussion. John Rodeberg noted that this is for the lift station by Tartan Park. Staff noted that this is to replace two of the three pumps. Motion by Arndt, second by Haugen, to approve Item 6(g). Item 6(h) had further discussion. John Rodeberg noted that this agreement is to redesign the storm sewer up to the TH 15/North High Drive intersection. This will include completing a preliminary storm water engineering design report of the TH 15 storm sewer trunk line and storm water pond. City staff will then complete the plans and specifications. Motion by Arndt, second by Haugen, to approve Item 6(h). Motion carried unanimously. Item 6(i) had further discussion. Kent Exner, City Engineer, presented before the Council. Mr. Exner 5C CITY COUNCIL MINUTES — NOVEMBER 14, 2006 explained that for the last three years staff has been developing a pavement management program. This agreement would allow GoodPointe Technology to complete a detailed Pavement Condition Index (surface • review) survey on approximately 80 centerline -miles of roadway. GoodPointe would also maintain the system data and supply specific reports to the City through May 2008. The contract would be for a not -to- exceed amount of $20,700.00. Motion by Stotts, second by Arndt, to approve Item 6(i). Motion carried unanimously. Item 60) had further discussion. Dan Hatten, Police Chief, presented before the Council. Chief Hatten explained that the City has been involved with the Southwest Metro Drug Task Force since the late 1990s. The task force is made up of eight agencies for the purpose of targeting felony level narcotics distributors and the interdiction of narcotics traffickers within these agencies. The financial commitment associated with the agreement is $8400. Motion by Stotts, second by Haugen, to approve Item 60). Motion carried unanimously. 7. PUBLIC HEARINGS —6:00 P.M. -NONE S. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REVIEW OF DEBT LEVY OPTIONS AND CLOSED BOND FUND — STEVE APFELBACHER, EHLERS & ASSOCIATES Ken Merrill, Finance Director, ppresented before the Council. Mr. Merrill explained that since three bond issues are going to be defeased, there are options available for the 2007 tax levy. Steve Apfelbacher, financial advisor, will present these options to the Council. Some funds will be freed up from the bond fund as well. Steve Apfelbacher, Ehlers & Associates, presented before the Council. Mr. Apfelbacher reviewed goals set • by the Council last spring which included limiting the tax levy to $1.5 million per year, working toward a debt structure that keeps debt levies constant from Year to year, increasing the debt levy 5% annually to keep pace with growth, until stable levy is achieved in 2015 and review the best ways to use cash to achieve these goals. Mr. Apfelbacher then reviewed the projected future debt levy with the series 2006A general obligation improvement bonds and the target debt levy vs. the projected debt levy. Mr. Apfelbacher explained that in 2006, the City retired three debt issues with available cash. The City will save $52,343 in interest expense. The future debt levy is reduced by almost $600,000 which provides two options for future levy reduction. Mr. Apfelbacher outlined the two different options for the Council to consider. The first is short-term levy reductions and the second is to defer savings for long -term levy reductions. Mr. Apfelbacher also explained that the City has approximately $722,000 available and uncommitted from a closed bond fund. In addition, the City could be receiving $200,000 in LGA. These additional funds can be used for priority projects to keep annual debt at or below $1.5 million, the City can establish a reserve to "buy down" future levies and the City can add these funds to an undesignated fund balance. Mr. Apfelbacher recommended conducting a debt study to best manage future debt. He also recommended continuing with the debt levy plan, using fixture levy reductions to reduce peak levy in 2015 and thereafter and using cash for capital projects, which would reduce future levies. No action was required. Ken Merrill the reviewed the funding commitments for 2006, which included an outcome -based budgeting program and completing a citizens survey. He then reviewed projects that have been approved or are being considered, which include the School Road underpass, Crow River Dam replacement, cold storage for the water /sewer department, City Center parking, and a new fire truck. Mayor Cook shared his thoughts on the recommendations and the proposed projects and how they should be funded. His hopes are that there will be a tax relief for the citizens. The tax relief fund and the projects listed above will be discussed at the next workshop scheduled for Nov. 28, 2006. A resolution creating a debt service tax relief fund will be drafted for the Council's consideration at the next Council meeting. •9. UNFINISHED BUSINESS 5W) CITY COUNCIL MINUTES NOVEMBER 14, 2006 (a) CONSIDERATION FOR APPROVAL OF DOCUMENTS RELATED TO RETIREMENT SAVINGS ACCOUNT PROGRAM Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing reviewed the program which allows employees to contribute pre -tax dollars into a fund that is held in trust which can then be used to pay for eligible medical reasons once employment with the City is terminated. The City is looking at entenng into a program with ICMA, whom will be the administrator of the program. Ms. Ewing reviewed the dollars that could be used for contribution, which include the annual sick leave payout, vacation leave payout upon termination, retirement/death sick leave payout and annual police holiday payout. Another option is to make a one -time entry into the program wit annual reduction that could not be altered year - to- year. The City does not currently have a retirement program that includes coverage of medical insurance other than COBRA. Motion by Haugen, second by Stotts, to approve documents related to retirement savings account program. Motion carried unanimously. (b) CONSIDERATION FOR PROVIDING NOTICE OF OPEN ENROLLMENT FOR CITY OF HUTCHINSON TOWING SERVICES AND ESTABLISHING GUIDELINES OF ELIGIBLITY FOR OPEN TOWING Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that earlier this year the City was approached by a towin.& company, First Class Towing, that was interested in providing towing services. Because of that, the City realized that the current contract with Modem Mazda had expired in 2001. Staff is proposing to open up towing services to a "call list" type of program that would allow multiple towing providers to provide services. All providers would have to meet the requirements indicated in the proposed resolution. Some benefits to having "open towing" would allow greater efficiency in removing vehicles from traffic accidents, clearing parking lots, etc. Chief Dan Hatten clarified that there has been no problems with the current contract. General discussion was held regarding explicit contracts versus an open towing type program. • Lowell Baumetz, Modern Mazda, presented before the Council. Mr. Baumetz stated he is not aware of any problems that have occurred over the life of the current contract. Mr. Baumetz noted that the aspects of AAA play into effect of towing services. Mr. Baumetz noted he is in favor of bidding out the contract. Gordon Evenson, First Class Towing, presented before the Council. Mr. Evenson explained that be wishes to provide a yood customer - service based company to the City of Hutchinson. He stated that he feels having multiple towing service providers benefits the citizens of Hutchinson as well as the police officers on staff. Marc Sebora, City Attorney, pointed out that if the Council will be terminating the services of Modern Mazda, they must provide notice to them by December 1, 2006. Motion by Stotts, second by Arndt, to table this item to the November 28, 2006, City Council meeting. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF SKETCH PLAN SUBMITTED BY STEVE KNISLEY FOR A POLE BARN /STORAGE BUILDING DEVELOPMENT IN GOEBEL'S ADDITION Rebecca Bowers, Planning Director, presented before the Council. Ms. Bowers explained that this item was discussed at the last Council meeting at which time the Council directed staff to iron out issues related to maintenance and use of the site. The proposal is for a storage -unit development in the Industrial Park. One major issue is that the proposal does not currently comply with zoning requirements. This proposal could be developed via a Planned Development District only due to the variances in lot dimensions, building setbacks and parkin.& and circulation setbacks. Staff drafted a definition of permitted uses within this development as well as additional requirements and restrictions of the development. These included but were not limited to limiting the maximum number of lots to 10, no outside storage, no sewer and water to the units, creating an association responsible for outdoor maintenance and snow plowing, creating a subdivision development • agreement, and requiring landscaping and screening. If this proposal would move forward, several steps would yet to have to be taken. Marc Sebora, City Attorney, stated that he has learned that Minnetrista and Corcoran have similar -type 4 6 ln-) CITY COUNCIL MINUTES —NOVEMBER 14, 2006 developments, however they are condominiumized. This means they are owned by the individual, however they are part of an association and are, for the most part, all under one big building. • Mayor Cook noted that he has thought about this development and the location of it. He feels that since the C4 district already allows storage units, that may be the better fit, rather than in the Industrial Park which is more designated for 'ob creation industries. He also likes the idea of storage only, and not providing water and sewer services. Myer Cook noted he may be more in favor of a condominium -type idea. He is not in favor of a Planned Development District. Steve Knisely, applicant, presented before the Council. Mr. Knisely voiced some concerns with feedback he had received from City staff. He noted that there is a very nice development being constructed in Litchfield and there is one in Cold Spring that has been successful. Mr. Knisely also noted that providing sewer /water services is a huge selling point to these units. He also noted that condominiums don't go over very well due to liability issues. Council Member Arndt voiced that he was in favor of the idea. Council Member Haugen voiced concerns of having uniformity amongst the units with so many different owners. It was noted that lawn care services should be part of the development. Mr. Knisely noted that an association could be formed for this development. Council Member Stotts noted his concerns lie with maintenance of the development. Mr. Knisely noted that maintenance issues could be addressed in the covenants. Council Member Haugen suggested duplex units. Mr. Knisely noted that Motion by Arndt, second by Haugen, to approve sketch plan submitted by Steve Knisely for a pole ban-/storage building development in Goebel's Addition in the Industrial Park which would include water /sewer services in a Planned Development District. Included would be the requirement of a bond or other protection and covenants. Roll call vote was taken: Haugen — aye; Arndt — aye; Stotts — aye; Cook — nay. Motion carried 3 to 1. �. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF CITY UTILITY SAFETY PLAN DOCUMENT Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that the City and Hutchinson Utilities Commission have entered into a joint safety program. The document presented outlines the basic components of the Safety Program. If adopted, the document will be distributed to all City and HUC employees. In addition, several more documents will be coming to the Council in the future for the Council's consideration. Motion by Stotts, second by Amdt, to approve City Utility Safety Plan Document. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF AWARDING THREE -YEAR PROPOSAL TO ABDO, EICK & MEYERS FOR AUDIT SERVICES Ken Merrill, Finance Director, informed the Council that the City's current audit firm, Abdo Eick & Meyers have submitted a three -year proposal to provide services. Motion by Arndt, second by Stotts, to approve awarding three -year contract to Abdo Eick & Meyers for audit services. Motion carried unanimously. Mayor Cook requested that the firm provide an executive summary next year as they did this past year. (c) DISCUSSION OF HIGHWAY 7 PROJECT STATUS Kent Exner, City Engineer, noted that a ribbon - cutting ceremony will be held Monday November 20, 2006, • at 9:00 a.m. to open the new bridge. The roadways will be opened on Tuesday November 21, 2006. Although the roadways will be opened, street lighting will be continued to be worked on. The bridge will not be painted until next year due to the cold weather. Sidewalks along the highway will not be opened over the winter. Talks of next year's phasing has begun. 5tPL) CITY COUNCIL MINUTES —NOVEMBER 14, 2006 • Motion by Arndt, second by Haugen, to set November 20, 2006, at 8:45 a.m. as an official meeting for the Council Members to attend the ribbon- cutting ceremony. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF CONTRACT WITH DONOHUE AND ASSOCIATES FOR WASTEWATER TREATMENT PLANT IMPROVEMENTS (TREATMENT/MBR IMPROVEMENTS) John Rodeberg noted that this contract will cover bidding, contract evaluation & award, construction contract administration, technical shop drawing review, answer contract clarification questions, final inspections and punch list development, record drawing preparation, equipment & system start-up assistance, equipment & system training, operation & maintenance manual development, resident project representative services, preliminary sewer service charge system update, final sewer service charge system update and phosphorous management plan update, for a total of $592,135.00. Ed Nevers, Donohue & Associates, stated that the project is anticipated to begin construction Spring 2007. Motion by Arndt, second by Haugen, to approve contract with Donohue & Associates for Wastewater Treatment Plant Improvements. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF CONTRACT WITH BRAUN INTERTEC FOR DUMP SITE REMEDIATION This contract is for closure of the old City dump site. It appears that the total cost of the project will now be $30,000 as opposed to originally estimated $20,000. There is required work that needs to be done as mandated the Minnesota Pollution Control Agency. The not -to- exceed amount of the contract is requested at $16,300. Motion by Arndt, second by Stotts, to approve contract with Braun Intertec for dump site remediation. Motion carried unanimously. • (f) CONSIDERATION FOR APPROVAL OF AWARDING CONTRACT FOR REVERSE OSMOSIS MEMBRANE ELEMENTS (LETTING NO. 15, PROJECT NO. 06 -17) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this project was rebid due to the first low bidder not having a bid bond included. The rebidding included another incory�pletc bid (addendum not acknowledged) and the second lowest bidder was Goldeneye Solutions Inc. with a bid of $338,000.00. Marc Sebora, City Attorney, reminded the Council that on a previous project an irregular bid was received which the City awarded. The City ended up getting sued for adjustin& bid numbers. Mr. Sebora'stated that the lesson learned is that no adjustments are made to a bid once received. This project cannot be delayed any longer. I Motion by Cook, second by Stotts, to approve awarding contract for reverse osmosis membrane elements to Goldeneye Solutions Inc. in the amount of $338,000.00. A representative from Siemens, who had the irregular bid, approached the Council. He suggested going out for a third bid that may allow for more competitive pricing. Mike Gold, Goldeneye Solutions Inc., presented before the Council. Mr. Gold stated that his company submitted the low bid and submitted the proper documentation. Motion carried unanimously. (g) DISCUSSION OF ASSESSMENTS AT 465 NORTH MAIN STREET AS REQUESTED BY JIM RILEY Jim Riley, 465 North Main Street, presented before the Council. Mr. Riley stated that he is opposed to the assessments against his property due to the Hwy 7 improvement project. Mr. Riley stated that a Mn/DOT representative informed him that the state would be paying for all of the costs associated with the project. 5(c) CITY COUNCIL MINUTES— NOVEMBER 14, 2006 He also does not believe that his property is gaining any benefit from the stormsewer assessments especially. Mn/DOT put two storm sewers on his property that they said they would pay-for. He also noted that his • storm water drains into a state -owned pond. Kent Exner, City Engineer, stated that Mn/DOT did put a storm sewer pipe on Mr. Riley's property. Mr. Exner stated that a cost -split was done on the storm water ponds between the City and the State. The assessment policy states that the homeowner owns /pays for the storm water pipe from the street to their home. John Rodeberg commented that the City did pay for a portion of all the ponds and are maintained by the City. General discussion was held regarding meeting notices and procedures. Kent Exner also noted that he is under the impression that a Mn/DOT right -of -way acquisitioner may have spoken with Mr. Riley early on about acquiring his property. The Council requested that City staff, Mn/DOT staff and Mr. Riley meet regarding this issue. If it is not cleared up, Mr. Riley should come back to the Council. (h) CONSIDERATION FOR APPROVAL OF SETTING PUBLIC HEARING TO DISCUSS PROPOSED NON - SMOKING ORDINANCE FOR THE CITY OF HUTCHINSON Mayor Cook noted that for the past several months the City has been talking about a non - smoking ordinance. The Council would like to gain public feedback to discuss this in more depth. Motion by Arndt, second by Haugen, to approve setting public hearing for November 30, 2006, at 7:00 p.m. to discuss proposed non - smoking ordinance for the City of Hutchinson. Motion carried unanimously. (i) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP TO DISCUSS EMPLOYEE PROCESS SELECTION AND ORGANIZATIONAL STRUCTURE IN THE PUBLIC WORKS DEPARTMENT Gary Plotz suggested that he and other staff members could put together some proposals on options for the organizational structure of the Public Works department now that John Rodeberg is leaving. Motion by Stotts, second by Haugen, to approve setting Council workshop for December 12, 2006, at 3:30 p.m. to discuss employee process selection and organizational structure in the Public Works department. Motion carried unanimously. (j) CONSIDERATION OF RESCHEDULING ANNUAL PERFORMANCE REVIEW FOR CITY ADMINISTRATOR GARY PLOTZ Motion by Stotts, second by Haugen, to reset City Administrator performance review to December 12, 2006, following the workshop at 3:30 p.m. Motion carried unanimously. (k) CONSIDERATION FOR APPROVAL OF SALE OF FORMER RAILROAD PROPERTY NOW OWNED BY THE CITY OF HUTCHINSON John Rodeberg, Public Works Director, presented before the Council. Mr. Rodeberg explained that Tom Daggett owns property east of the McLeod County Household Hazardous Waste building that he would like to swap with the City. The property that he would like to swap of a 30 foot strip of land near Daggett's Hutch Manufacturing site. The proposal is to have the County purchase the land adjacent to the Household Hazardous Waste facility at an agreed upon price with the City. The City would then transfer the 30 foot strip of land to Mr. Daggett and the proceeds of the sale would go to the City to pay down the McLeod Rail Authority debt. The proposed sale price is $16,650.00. . Motion by Hau�en, second by Arndt, to approve the sale of former railroad property now owned by the City of Hutchinson in the amount of $16,650.00. Motion carried unanimously. 11. MISCELLANEOUS 6 tc� CITY COUNCIL MINUTES— NOVEMBER 14, 2006 .(a) COMMUNICATIONS Resident of 45 4"' Avenue presented before the Council. The resident noted that he has no complaints regarding the Hwy 7 project. The resident voiced that he thinks the idea of opening up the towing services to an "open enrollment" is a good idea. He feels open market competitiveness is a good thing. David Nissan, 630 Shady Ridge Road, presented before the Council. Mr. Nissan stated that he feels Modern Mazda may not always be the most efficient and it is a good thing to open up the market to other competitors. Marc Sebora — Mr. Sebora thanked John Rodeberg for his years of service and noted what a benefit he has been to the City. All the Council Members thanked John Rodeberg for his contributions to the City over the past 17+ years. Gary Plotz— Mr. Plotz noted that he feels an individual should be temporarily appointed as the acting Public Works Director until the organizational structure is determined. He recommended that Kent F.xner, City Engineer, be appointed in this role. Motion by Stotts, second by Haugen, to authorize Gary Plotz to make a temporary appointment based on employee qualifications. John Rodeberg bid farewell to the City Mayor Cook noted that he feels the Council and staff need to develop a better process of review of projects and funding. This will allow for prioritization and he hopes it is included in the visioning process for 2007. �. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Arndt, second by Stotts, to pay claims, appropriations and contract payments. Motion carried unanimously. 13. ADJOURN i Motion by Arndt, second by Haugen, to adjourn at 9:25 p.m. Motion carried unanimously. 0 5� MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, October 17, 2006 Hutchinson City Council Chambers 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Kirchoff at 5:30 p.m. with the following members present: John Lofdahl, Jim Haugen, Lynn Otteson, Mike Flaata, Robert Hantge and Chairman Kirchoff. Absent: Farid Currimbhoy Also present: Rebecca Bowers, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated September 19, 2006 Ms. Otteson moved to approve the minutes of September 19, 2006 as submitted. Seconded by Mr. Flaata. The minutes were approved unanimously. • 3. PUBLIC HEARINGS a) CONSIDERATION OF VACATION OF A PORTION OF THE EASEMENT LOCATED ON THE SOUTH LINE OF LOT 14, RICE ADDITION, 630 DALE ST S.W. i Chairman Kirchoff opened the hearing at 5:35 p.m. with the reading of publication #7512 as published in the Hutchinson Leader on October 5,, 2006. Ms. Bowers commented on the request to vacate 4 feet of the south 10 foot easement for the construction of a two story addition to the attached garage. She explained the property owner asked to allow a 1.8 foot cantilever over the easement area. She reported that staff is not in favor of decreasing the easement and then allowing encroachment over the easement. They would want to protect the easement area. Ms. Bowers stated the Ordinance is not clear regarding allowing cantilevers or overhangs. She commented on the following staff recommendations with staff approval: 1. Overhangs may not encroach into the existing 6 foot easement. Discussion followed on revising the ordinance for clarification. Ms. Bowers stated there are other areas to revise in the ordinance as well. b Lo) I Minutes Planning Commission — October 17, 2006 Page 2 • Mr. Patrick, property owner, stated he could answer questions. There were no further questions from the Planning Commissioners. Mr. Lofdal will abstain from voting. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Hantge the hearing closed at 5:41 p.m. Mr. Flaata made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting to be held October 24, 2006 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF AMENDMENT TO SECTION 154.062 OF THE CITY CODE ADDING LANGUAGE TO ALLOW TOWING COMPANY OFFICE WITH IMPOUND LOT Chairman Kirchoff opened the hearing at 5:43 p.m. with the reading of publication #7513 as published in the Hutchinson Leader on October 5, 2006. Ms. Bowers commented on the request and the proposed language to be added. She explained the purpose of the C2 district is for automotive uses. She commented on the staff discussion to add screened fencing. She clarified the items in the C2 district are in the C4 district as Conditional uses. She explained the site the applicant will be moving the towing company to is C4. She showed a map with C2 and C4 districts. Ms. Bowers explained staff discussion was to add the towing company to the C4 district as a conditional use permit. She explained that C2 was more appropriate to the automotive district. The applicant must come in for a conditional use permit in the C4 district. Discussion followed on the verbage of wood fencing changing the language to 100% opacity. The language should read completely fenced to 100% opacity or screened enclosure to 100% opacity. There was discussion on the proposed site and the opportunity for cleaning it up. Discussion followed with consensus that towing companies fit the C2 automotive district. Ms. Bowers stated there are few areas of C2 where a towing business would be permitted. Ms. Bowers commented on the changing business of towing. She explained the C2 stretch along Hwy 7 West will possibly be changing in zoning in the future. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Lofdahl the hearing closed at 5:59 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. • Seconded by Mr. Lofdahl to include the language change in the 100% opacity fencing requirement. The motion carried unanimously. Ms. (D Cc�) 1 Minutes Planning Commission — October 17, 2006 Page 3 Baumetz stated this item will be placed on the City Council consent agenda at their meeting held October 24, 2006 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY NEW DISCOVERIES MONTESSORI ACADEMY TO TEMPORARILY OPERATE A SCHOOL IN THE C4 (FRINGE COMMERCIAL) DISTRICT LOCATED AT 1354 HWY 15 SOUTH (OFFICE MAX BUILDING) Ms. Bowers stated this item was withdrawn by the applicant. d) CONSIDERATION OF SITE PLAN AND CONDITIONAL USE PERMIT REQUESTED BY JANET VALEN, REMAX, TO REMODEL RESIDENTIAL BUILDING FOR REAL ESTATE OFFICE LOCATED IN THE I/C (INDUSTRIAUCOMMERCIAL) DISTRICT AT 255 HWY 7 EAST Chairman Kirchoff opened the hearing at 6:00 p.m. with the reading of publication #7516 as published in the Hutchinson Leader on October 5, 2006. Ms. Otteson and Mr. Haugen abstained from the discussion and vote. Ms. Bowers explained the request and the history of the property. The • property is zoned I/C and any use requires a conditional use permit. She explained the proposal to construct an addition to the present residential building for a real estate office of 7300 sq. ft. The southerly secondary entrance will be moved to the east. The revised site plan does show the removal of the garage and the drainage from the parking lot. Ms. Bowers stated the removal of the garage would create room for more parking. The main entrance will be to the east side of the building. She commented on the site plan and parking requirements. She reported the parking requirements provided would be adequate for the use. There is ai danger of over parking a site. She stated the City would require; additional details on grading and drainage. She explained tha recommended setbacks in the IC district. Staff reviewed the plan with the owners and a one stop shop was held on Oct. 10th. She commented on the following staff recommendations: 1. The proposed use would meet the standards for granting a CUP. 2. The proposed addition and site improvements would comply with the standards of the I/C district. 3. The applicant shall provide detailed plans on the proposed grading and drainage for the site to be reviewed and approved by the City Engineer prior to construction on the site. 4. The applicant will work with utilities regarding proper disconnection and /or relocation of services. • (v C(,JI Minutes Planning Commission - October 17, 2006 Page 4 Ms. Bowers reported staff would recommend approval. Discussion followed regarding fire and emergency service access. It was noted the Fire Inspector commented in the one stop shop minutes there was not an issue for fire service. The fire hydrant is to the west of the Marshall Concrete entrance. Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 6:09 p.m. Mr. Flaata made a motion to recommend approval of the resolution as recommended by staff adding language to number 4 that the property owner would pay for any relocation of utility services. Seconded by Mr. Lofdahl. The motion carried with Ms. Otteson and Mr. Haugen abstaining. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held October 24, 2006 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS a) DISCUSSION OF SKETCH PLAN SUBMITTED BY STEVE KNISLEY, FOR REPLAT IN GOEBEL'S ADDITION Ms. Bowers explained the need for feedback from the Planning Commission on this item. She commented on the request and the unique idea. She reported the request does not fit into the zoning ordinance allowance for the 1 -1 district. She stated it would be a stretch to do a Planned Development District. She commented on the following concerns by staff: lot coverage, the development meeting the ordinance requirements, using a PDD, fire service access, highly traveled 5"' Ave. and look of the industrial park in the future. Mr. Knisely, commented on the concept and the information regarding the Litchfield development. He stated this idea has gone over well in Litchfield. He commented on the lots in Litchfield. He explained there is crushed rock landscaping with a 5 foot side set back and the front setback is 10 feet. All of the buildings are at the same front setback. He explained the run off will be to the street or to the west. He stated the radius on the turn is designed for the fire equipment. He commented on the cost effectiveness of developing this property and explained the demographics of the property. Discussion followed on locating in the industrial park. Mr. Knisley stated the road will be maintained by an association. He explained 20% of the property will be green space in the Hutchinson development. There will be covenants and restrictions similar to the development in Litchfield. He noted the development will need city sewer, water, electric, gas, telephone and internet. Mr. Exner commented on the run off and the determination of lot coverage ratio for the size of the present pond. A stormwater analysis may be required to determine ponding size. He stated they may need to provide ponding on site. He explained the rear of the site is the obvious area. Ponding would be in combination with storm sewer. Mr. Knisley stated possible coverage will be approximately 50 %. � (�-J Minutes Planning Commission — October 17, 2006 Page 5 Discussion followed on maintenance of the property mowing and snow • removal. Mr. Knisley stated each lot will be owned by individuals to maintain. He stated there will be covenants to address things like maintenance. Ms. Bowers commented on her concerns in using a PDD to circumvent the ordinance. She explained there are questions to be worked out if this moves forward. There was discussion on the ability to assess individual owners. Ms. Bowers explained PDD's have been used in residential developments. Discussion followed on concerns with associations. Mr. Knisely stated the development in Litchfield is a PUD. Each unit has sewer and water and drains in each building. Mr. Exner commented on his concerns with what people be using these lots for. Ms. Bowers stated there will need to be conditions in the PDD. She explained pole type buildings presently require conditional use permits. Mr. Knisley stated the covenants would state what uses would be allowed in the development. There was discussion on the need for this type of concept. Mr. Knisley stated no outside storage is allowed and the lots are to be kept clean. Ms. Bowers stated density and ponding is a concern. Mr. Knisley explained the people that want these do not want large lots. He noted this development would be 26 taxable properties for the City. Discussion followed on the intent of the Industrial districts to create jobs. This type of . development does not fit into the zoning ordinance requirements. Ms. Bowers commented on her concern regarding the long term issues with this type of development. Discussion followed on how to make this work in changing times. Atty. Sebora explained the process and that the developer would move forward with the application. He stated the staff and Planning Commission would make recommendations to the City Council. He suggested the; developer move forward with his idea and see what will be allowed. He stated he has reservations in allowing the use for storage of vehicles. i Ms. Bowers stated clear direction should be given to Mr. Knisleya Discussion followed on the possibility of having a multi tenant building or a PDD. Orville Mackenthun, realtor, explained the history of the Goebel lots. He stated this development would put the property to good use. Ms. Bowers stated the development would take a Plat, PDD plan and drainage and utility plans. The Planning Commission would like to see the project work and directed the sketch go to the City Council for their feedback knowing it will take engineered drainage for stormwater management. b) DISCUSSION OF PROPOSAL FOR SKETCH PLAN SUBMITTED BY EXCELSIOR HOMES 6Z-1 Minutes Planning Commission — October 17, 2006 Page 6 Ms. Bowers commented on the sketch plan and feedback on the lot depth difference. She explained the history of the property and the request for 5 new lots. She stated the lot depth requirement is 120' and two lot depths would be 90 feet requiring variances. She explained the house would be modular homes with attached garages and full basements. The cul -de -sac would be public and meets the city standards. Jeff Munsell, owner, commented on the costs. He stated this development will be affordable housing. Discussion followed on the need for affordable housing and this was a good fit. Ms. Bowers stated the next step is to apply for a preliminary plat and variance. Mr. Exner stated the platting alternatives are limited. He reported these lots have more frontage than in Fairway Estates and the sketch looks good. It is the consensus of the Planning Commission to go ahead with the preliminary plat and variance applications. 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF Ms. Bowers suggested some new business items such as lot splits be placed on the consent agenda to save time. She stated the • Planning Commission could pull items off the consent agenda to be placed at the end for discussion if needed. The consensus of the Planning Commission is to use the consent agenda for the items that would not need extra discussion. Mr. Hantge suggested staff develop a cause and effect list to help the Commissioners understand legal issues to be resolved on requests. Ms. Otteson commented on the APA conference and the seminars on environmental impacts. ADJOURNMENT There being no further business the meeting adjourned at 7:30 p.m. • L 4) k Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, October 17, 2006, 7:00 AM Minutes 1. CALL TO ORDER: Chairman Casey Stotts called the meeting to order. Members Present: Becky Felling, LaVonne Hansen, Ruth Kimball and Joel Kraft. Staff Present: Jean Ward and Judy Flemming. 2. MINUTES OF THE HRA BOARD MEETING ON SEPTEMBER 19, 2006 Joel Kraft moved to approve the Minutes as written. Casey Stotts seconded and the motion carried unanimously. 3. FINANCIAL REPORTS a. Joel Kraft moved to approve the Financials. Becky Felling seconded and the motion carried unanimously. b. LaVonne Hansen said she would be interested in being on the Loan Review Committee. Joel Kraft moved to nominate LaVonne Hansen to the Loan Review Committee and Becky Felling seconded and the motion carried unanimously. 4. PARK TOWERS a. Jean Ward reviewed with the Board the 2005 PHAS Audited Financial Score, 29.69 out of 30. b. Jean Ward updated the Board on the facility assessment from the Center for Energy & Environment. c. Jean Ward reviewed with the Board the Vacancy Rate and Vacant Unit Turnaround Report. d. Jean Ward updated the Board on the recertification status. 5. HHPOP a. Jean updated the Board on the scattered site CASA Application. Becky Felling moved to approve leverage funds for the CASA application. Joel Kraft seconded and the motion carried unanimously. I i 6. SCHOOL CONSTRUCTION PROGRAM UPDATE a. Judy Flemming reviewed with the Board the cabinet proposal from the High School. Joel Kraft moved to approve the High School's proposal as long as the price is close to the UBC bid, and the contract is locked into a price and that they guarantee to have it completed by a certain time. Becky Felling seconded and the motion carried unanimously. 7. UPDATE ON REHAB APPLICATION TO DEED Jean Ward updated the Board on the status of the pre- application. 8. HOME RENTAL REHAB UPDATE • The Evergreen Apartment project is 51% complete. • Approached to possibly do the HOME Rental Rehab monitoring for one of the Carver County projects. 9. CITY OF HUTCHINSON TRASH HOUSES Casey Stotts and Becky Felling volunteered to be part of a discussion on Hutchinson trash houses. October 17, 2006 Minutes Page I of 2 ( La),X •10. CINGULAR LEASE DISCUSSIONS Cingular has contacted Jean at Park Towers again about putting an antenna on the roof. Marc Sebora is negotiating with them currently. Marc is very familiar with this process, because he has negotiated all of the City's tower contracts. • • 11. COMMUNICATIONS a. Ruth Kimball updated the Board on the Mid MN Transportation Survey meeting she went to in Willmar. b. The HRA Offices at the City Center have moved. c. Jean will be getting QuickBooks for City Center finances. d. FYI - Washington Update "Second Chance Act" introduced in Congress 12. ADJOURNMENT Becky Felling moved to adjourn. Joel Kraft seconded and the motion carried unanimously. There being no other business, Chairman Casey Stotts declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director Secretary/Treasurer October 17, 2006 Minutes Page 2 of 2 � C�j� • 22- Nov -06 L] CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT October 31, 2006 Date Date Of Of Purchase Maturity Amount Interest Institution Description Rate US BANK FHLB 4.10% Smith Barney FHLMC med 4.00% Smith Barney FHLB C 4.50% Smith Barney FHLB C 4.500% Smith Bamey FHLB C 5.010% Smith Barney FHLM -C 4.650% Smith Barney FHLM -C 5.550% Smith Barney Rhinland (�me« 5.200% Wells Investmen FHLN 5.279% Wachovia FHLB 4.00% Wachovia FHLB 4.00% • 06126/13 400,000;00 Wachovia FHLB 4.000% Wachovia FHLB 4.000% Wachovia FHLB step 4.500% Wachovia FHMA 5.350% Wachovia FHLB = step ul 5.330% First Minnesota 2.670% First Minnesota 12/19/06 4.650% Home State 11/20/06 4.950% L] CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT October 31, 2006 Date Date Of Of Purchase Maturity Amount 111312004 11/19/2008 375,000.00 7/30/2004 7/27/2012 300,000.00 step up 1/712004 7/30/2009 300,000.00 4128/2005 10/28/2008 750,000.00 4/26/2005 4/26/2010 270,000.00 11/21/2001 5/21/2007 300,375.00 3/1/2006 3/1/2011 500,000.00 9/28/2006 10/26/2006 3,518,674.58 03/22106 01/29/07 500,000.00 5/22/2003 5/22/2013 300,000.00 6/12/2003 6/12/2013 300,000.00 6/2612003 06126/13 400,000;00 7/16/2003 7/16/2013 200,000.00 2/9/2005 2/9/2007 625,OOb.00 step up 1 03/16/06 09/14/07 200,000.00 10/26/06 10/26/09 I 300,000.00 step up 11/16/04 12/19/06 400,000.00 11/18/05 11/20/06 750,000.00 10/13/06 12/12/06 500,000.00 $10,789,049.58 CDcc�3 L • 0 200_61 163,304.05 - _ 2005 - -- October October 1,668,204 77 - 342- 4410.76 1 475,448 80 1M 46,368.29 - CITY OF HUTCHINSON_FINANCIAL REPORT 2006 2008 2008'. 2008 October October YEAR TO ADOPTED BALANCE PERCENTAGE -- - MONTH DATE ACTUALI BUDGET• REMAINING USED � - 1 753 055.69 3 771,000 00 2,017,944.11 4g.gg %I - - - - -- - -- - -- ° 6 905 72 396 470.7 1 287,900 00 IN,370 17 1 138.09%vo _.. 36.905.56 _ 353389.35 1730,003.87 2 631,300 00 901,296 13 65.75% 100 51596 1 105 474.33 1 600,815.00 495,340 67 69.06%I '�__ 2 962.80 _ 384359 .0 68,000.00 %! October -, -- -- - ,REVENUE REPORT - GENERAL 001 MAYOR 50 281 84 3,658.12 TAXES _- -- LICENSES lPERMITS AND FEES _ _ J INT�OVERNMENTAL REVENUE ~CHARGES FOR SERVICES -FINES & FORFEITS 315,67800 INTEREST I _ REIMBURSEMENTS TRANSFERS SURCHARGES - BLDG PERMITS (13,50041)' 201.73_ (5849.57 157,786.48 9096.27 246617.17 - 786,303.66 ! 270,552.05 _ 821,034.07 1,574.69 1 (4,378.62 _ _ 1,789.76 60,849'91 55,00000 60,849.57 243,422.00 (3,195.171 _164 ,5003 .001 822,465.93 1,789.76 _ _56._52 - 10.64% 101.31% 49.96 %1 TOTAL 17,700.00 4 538 56 5,525,792.10! 769,454.82 _6,125,810.23 io345,037.00 _ 4219226.77 59.21% 97,402.78 _ 79.83 %I 005 MOTOR VEHICLE 155,166 32 24,391 32 - 173,625.42 -175 214,442 00 -dA 40 816.58 _ 006 ASSESSING , 4 6124 00 481,57789 47 nn nnn nn - _ _ _ a7s nn i - - OR �a°il 662,028 114 953 019.19 _ 1 588,26 00 235,66.89 80.20% 160 CITY HALL ULLDING 63 355 15� 1930009 -_ 2006 October _ 83.600 1 2005 _ _ _October YTD CITY OF_HUTCHINSON_ FINANCIAL __ 20022 2008, October_ YEAR_TO - '- _._.- MONTH DATE ACTUAL _ - REPORT 2006 ADOPTED -- BUDGET' - .., 200_8 _ BALANCE REMAINING -. ! October EXPENSE REPORT - GENERAL PERCENTAGE USED 1 - _ 90.25% I 11 -_ _ 1 163,304.05 - __1735947' - i 17 687.10 �. 151988.45, 133,373.82 . 175,07800 _ 23,068.55 --- 177,855.00-1 44,481.18 86.81 °h� - - - -J. ' 74.99 °,6i 008 PLANNING ' 149,095 25 001 MAYOR 50 281 84 3,658.12 61 521.01 58,688.00 (2,833-01) 176.51 ADMINISTRATOR 1002 CITY ADMINISTRATOR 224,64123 _ , 3145222_ 241,515.19 315,67800 74162.81 %I 76.51 %` 003 544 72 829.86 13,161.44 17,700.00 4 538 56 74.36%:, 004 FINANCE DEPARTMENT 355,024.87 44,114.92 ! 385,571.22 - 482,974.00 97,402.78 _ 79.83 %I 005 MOTOR VEHICLE 155,166 32 24,391 32 - 173,625.42 -175 214,442 00 -dA 40 816.58 80.97 %I 006 ASSESSING , 4 6124 00 481,57789 47 nn nnn nn - _ _ _ a7s nn i - - OR �a°il 007 LEGAL __ - 163,304.05 - __1735947' - i 17 687.10 �. 151988.45, 133,373.82 . 175,07800 _ 23,068.55 --- 177,855.00-1 44,481.18 86.81 °h� - - - -J. ' 74.99 °,6i 008 PLANNING ' 149,095 25 009 INFORMATION SERVICES 117,072 28 25,713.44 181 949.64 254,317.00__ 72,367.36 71.54 %, 110 POLICE DEPARTMENT -1,9W,612.70 _ 283,810.30 ; 2,252,103.51 2 715,457 00 i 463,353W-- 63 353.49 82.94 °k 115 EMERGENCY MANAGEMENT 18,281.61 _ 63.32 _ 2 8 937.85 14,000 00 5,062.15 63.84 °Y. 116 120 SAFETY COMMITTEE FIRE DEPARTMENT 8,745 74 342,913 95 466 55 071.86 384 16 539.37 879.46 _ _ 17,850 00� 1,310.63 427,637 00 42,757.54 92.66 %1 90.00 °..i INSPECTIONS _ _ _ 150150 ENGINEERING 481,57789 4241922 1 662,028 114 953 019.19 _ 1 588,26 00 235,66.89 80.20% 160 CITY HALL ULLDING 63 355 15� 1930009 -_ 158440.63 189,52600 35,9( 085.3a 83.600 1 201 ECREATI ON ADMINISTR 158,743 RECREATION 173,280.18 12,696.67 9 959 29 182 303.81 72 524.71 201,998 00 19,894.19 61,013.00 (11,511.71)1 >� 1 - _ 90.25% I 11 _202 203 SENIOR CITIZEN N CENTER 52,642.92 204 _CIVIC ARENA "_ 209,603.28 -801,206.45--i-89,151----- 32,777.60 248,619.15'_ 291,115.00' 42,49_5.85'! 85_40% 205 PARK DEPARTMENT �� .79 659,292.57 785,374.00 126,081.43 83.95% & POOI ' 159,898.64 25,167.22 .190 -- 59 220,475.150 25,245.41 - 208 EVERGREEN BUILDING 819.34350 00 ,538 66 75.34 %1 250 LIBRARY 144,336.54 33 581 88 147,,462A3 159,544 00 57 92.43 ; 301 CEMETERY - 119,10303 _.._-- 1 5,241 25 " 2609644 - -_ 139,39964 - - - -- 2791.25 _ _ _1_2',081 _ -- 133,895.00 (5,504.64)= 104.11 - -_. 162,541.00 159,749 75 1.72 %' - 310 DEBT SERVICE 320 AIRPORT 92,944 23 557,971 44 - 7.641 ,288.46 - -- 5,826.84 111,351.52 - - -- i .1,099.936.99 8.293.394.09 76.459A2 582 289.96 _ 102,31600 25,856.58 74. - _- - -- ' 807,250 00 224,960.04 72.13%! 10345.037 00 � 051 F4� at . do i7 °i' - -�- 350 UNALLOCATED GENERAL EXP -- I TOTAL � WIA l J • 2005 _ !CITY OF HUTC_HINSON FINANCIAL REPORT October 2 0051 2006 _ __ REVENUE REPORT ACTUL ctober- YEAR O PERCENTAGE ADOPTED BALANCE Year to Dete MONTH DATE ACTUAL BUDGET REMAINING USED AXES 1,668,_204771 0.00_._1 753,055.89 3,771,000.00 2,017,944.11 46.49 °.6, _ LICENSES r 37,560.21 209.56 -38,779.45.q 44,900 00 6 120 55 86.37% _ _ _ - _ _ PERMITS AND FEES_ 342,441 76 36,905 72 396 470.17 287,100.00 (109,370.17)'[- 109 370 17)j 138.09 %, )NTERGOVERNMENTAL REVENUE _1.475,448.80{ 353,389 35 1,730,003.87 2 631,300 00 901,296.13 65.75°%. - - -- - —, _ CHARGES FOR SERVICES 1,023,603.85 100 515.96. 1,105,474.33 1,600,815 00 495,340 67 69.0_6 °A. FINES & FORFEITS 46,368 29 2 962.80 38,435.09 68,000.00 29,564 91 56.52%. [INTEREST - - -- _ - _(13,50041)L_ _ 201.73', (5,849.571' 55,000.00 6084957 - 10.64 °Ai !REIMBURSEMENTS _ j 157,78648; 9096.27._ 246,617.17 243,42200 (3195.17j 101.31 °A' TRANSFERS _+ 3687 03 66 270 552.05 821,03- - 21,034.07 1,643,500 00 822,465.93 49.96 %', --_ _' SURCHA_ RGES - BLDG PERMITS _ 1_574.69 (4,378.62)1 1,789.76 000 (1,789.76) 0.00 %• TOTAL { 5 525,792.10 { _ 769 45.4_.82 6 125,810.2_33 1_,037 00 �_ 4,219,226.77 59.21% 2008 _ _ - I October 2005, 2008 2006 2006 2008 BALANCE October'' ERCE_NTAGE1 EXPENSE REPORT - GENERAL October October YEAR TO ADOPTED SUMMARIZED _ _ YTD. _ MONTH_DATEACTUAL BUDGET] REMAINING USED i General Govt. 1 371,375 9 17 9 551.60 505 258.98 1,896,045.00 -390 786.02 3,423,652.00 583,459.77 Public Safe __ _ _ 2,529,169.01 - 365,163.57 2,840,192.23 Streets & Alleys Ys _ ,150,245 05 180,126.50 �i 1,375,157.44 1,762,392.00 387 234 56 78.03% Parks & Recreation 1,939,583 54 257 906 96; 1 911,244.81 2 190,641 00 ' 279 596 19 87.24%1 Miscellaneous _1 650,915 67 _ 11717836 7,641,288. 46 936 99 8,293,394.D9 10 345,037 0010 642.91 80.17%, _ _ TAL _ _ -1,099 i, l.0 J 1 RESOLUTION 13080 • TRANSFERRING FROM WASTEWATER, WATER DEPARTMENTS, AND 2006 IMPROVEMENT CONSTRUCTION FUND TO GENERAL FUND & CAPITAL PROJECTS FUND FOR ENGINEERING AND ADMINISTRATION FEES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, $626,926 is hereby transferred by to the General Fund & Capital Project Fund for project administration and engineer fees as follows: $115,733 from Wastewater Department for engineering fees $63,353 from Wastewater Department for administration fees $105,326 from Water Department for engineering fees $64,548 from Water Department for administration fees $166,090 from 2006 Improvement Bonds - Engineering fees $111,876 from 2006 Improvement Bonds - administration fees • AND THAT, $59,945 of the administration fees be set aside in the Capital Projects Fund for the purpose of Comprehensive Planning THAT, said transfers are hereby effective and to apply for the 2006 fiscal year. Adopted by the City Council this 28th day of November 2006 Steven W. Cook Mayor ATTEST: Gary D. Plotz • Administrator (,W) • CITY OF HUTCHINSON RESOLUTION NO. 13081 TRANSFERRING $121,000 FROM WATER SEWERS REFUSE FUND TO GENERAL FUND 6 2002C REFUNDING IMPROVEMENT BOND FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT $38,000 is hereby transferred from the Water Department to the General Fund. THAT $22,500 is hereby transferred from the Water Department to the 2002C Refunding Improvement Bond Fund. THAT $38,000 is hereby transferred from the Wastewater Department to the General Fund. THAT $22,500 is hereby transferred from the Wastewater Department to the 2002C Refunding Improvement Bond Fund. • Adopted by the City Council ATTEST: Gary D. Plotz City Administrator • this 28th day of November 2006 Steven W. Cook Mayor • CITY OF HUTCHINSON RESOLUTION NO. 13082 TRANSFERRING FUNDS FROM THE GENERAL FUND AND ENERGY LOAN FUND TO HUTCHINSON COMMUNITY DEVELOPMENT (EDA) FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT $110,000 is hereby transferred to Hutchinson Community Development fund (EDA) from the following: General Fund $100,000 Energy Loan Fund $10,000 THAT the named funds transfer is authorized for the fiscal year 2006. • Adopted by the City Council this 28th day of November 2006. Steven W. Cook Mayor ATTEST: Gary D. Plotz City Administrator • (0UD)3 • CITY OF HUTCHINSON RESOLUTION NO. 13083 TRANSFERRING $321,500 FROM LIQUOR FUND TO GENERAL FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT described in the 2006 adopted General Fund Budget $321,500 is hereby transferred from the Liquor Fund to the General Fund. Adopted by the City Council this 28nd day of November 2006 • Steven W Cook Mayor • ATTEST: I I I Gary D. Plotz City Administrator (P (L) `� • RESOLUTION NO. 13084 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Pumps & labor $25.560 Replace EDQ basin pumps WWTP Yes 2007 Electric Pump *Ire following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT: BUDGET VENDOR Unleaded gasoline 17,058 Use by MnDOT County & City HATS YES Cenex Date Approved: Wotion Made By: Seconded By: Resolution submitted for Council action by: Gcbb 5 RESOLUTION NO. 13075 RESOLUTION APPROVING A LOT SPLIT OF LOT 4, BLOCK 1, RAVENWOOD WEST Whereas, Bruce Naustdal, property owner, has requested approval to split Lot 4, Block 1, Ravenwood West, legally described as follows: Northerly Parcel: The northerly 43.00 feet of Lot 4, Block 1, Ravenwood West, according to the recorded pat thereof. (8,905 acres) Southerly Parcel: Lot 4, Block 1, Ravenwood West, according to the recorded plat thereof, except the Northerly 43.00 feet of said Lot 4. (9,129 acres) Whereas, the Planning Commission discussed and made recommendations on November 21, 2006, on the request and considered the requirements of the Zoning Ordinance, effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the lot split, subject to the following findings and conditions: 1. The proposed lot splits would meet the standards of the R -2 zoning district, subject to the conditions stated. 2" Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. This area is in the airport zone and the building square footage cannot exceed . 30,240 total for all 8 lots. This would equal 3780 sq. ft. of building per lot. 5. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50 %. 6. At the time of platting, money was escrowed for two trees per lot. However, as money was not provided for the additional twin home lots, the new lot division will require one additional tree per lot at $200.00 per tree. This will be collected with the building permit fees. Adopted by the City Council this 28" day of November, 2006. ATTEST: Gary D. Ploiz Steven W. Cook City Administrator Mayor 0 (, Cc) l 0 MEMORANDUM DATE: November 22, 2006 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF A LOT SPLIT REQUESTED BY BRUCE NAUSTDAL FOR PROPERTY LOCATED AT 1150 BLUEJAY DRIVE S.W. Request: The applicant is requesting approval of a lot split for 1150 Bluejay Drive S.W., which is located in the Ravenwood West development. There has been a previous lot split approv?d for this development to allow twin -homes to be constructed on the lots. Additional details and analysis on the proposal are contained in the attached staff report. Planning Commission Meeting: The Planning Commission considered the request at their November 21, 2006, meeting. There were no property owners who made comment or objected to the request. 40 Recommendation: The Planning Commission unanimously recommended approval of the lot split with the recommendations, findings and conditions as stated in attached Resolution # 13075. (c) 1 DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Dan Sexton, Judy Flemming, Jean Ward, John Rodeberg, P.E., Kent Exner, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers, and Bonnie Baurnetz (Persons in attendance at Planning Staff Meeting in bold) Date: November 6, 2006 — Meeting Date: November 21, 2006 Subject: Lot Split for Property at 1150 Bluejay Drive S.W. Applicant: Bruce Naustdal, property owner LOT SPLIT Brief Description The property owner is requesting a lot split for construction of a twin home located in the Ravenwood West plat. The lots were intended for twin homes and developed with 2 water and sewer services to each lot, however were not platted as twin homes. This area is in the airport zone and the building square footage cannot exceed 30,240 total for all 8 lots. This would equal 3,780 sq. ft. of building per lot. Lot coverage is limited to 50% per lot. Area Map l (c) 1 GENERAL INFORMATION Existing Zoning: R2 (Medium Density Residential) 40 Property Location: 1150 Bluejay Dr. S.W. Lot Size: Northerly parcel — 8905 sq. ft. Southerly parcel — 9129 sq. ft. Existing Land Use: R2 (Medium Density Residential) Adjacent Land Use And Zoning: R2 (Medium Density Residential) on the west, north and south R3 (Medium -High Density Residential) on the east Comprehensive Land Use Plan: Mixed Use Residential Neighborhood Zoning History: The property was annexed to the City of Hutchinson in April 1998. A preliminary plat was approved in May of 2003. Ravenwood West final plat was approved in July 2003 and contained 21 lots with an outlot. The lots were platted as single family lots with the intention of splitting them in the future as the lots developed. The total units would be 29 units if twin homes were constructed on the eastern side. Lot 3, Block 1, Ravenwood West was approved for lot split in July, 2006. Applicable Regulations: Section 153.05, City Code SPECIAL INFORMATION Transportation: Bluejay Dr. S.W. Analysis and Recommendation: The proposed lot split would meet the requirements of the Zoning Ordinance, therefore staff recommends approval with the following recommended findings and conditions: 1. The proposed lot split would meet the standards of the R -2 zoning district, subject to the conditions stated and airport zone building square footage requirements. 2. Moving or removing of services will he at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. 5. At the time of platting, money was escrowed for two trees per lot. The new lot division will require one additional tree per lot at $200.00 per tree. This will be collected with the building permit fees. 0 Cc: Bruce Naustdal, 1175 Dale St. S.W. c0CC -�) �_ r ✓ ✓ ✓ 1$, �� DESCRIPTION FOI 30f �p °TMW Lot 2, 81ock 1, R 5 sad` Northerly 41.00 f N89 050'38 "E v' I gTA°p4' ' �o 35.17 N 5 1 Area 10,496 S, m ✓ �j a, sn Q OO '� ✓ N0, , Sc h _ O 50 a ° y�.70 p m \ N S74" 4a L�7} 2 . �.- Il ' 44 "r ✓ � , ✓ ✓ I 3 � BLOCK I I I.,,-' ✓ S7a°Ci4 aA ^W a - + ✓ T9 w =✓ ^.. ' LLI °skad,,,M 1<7 4 t� II ST 1 �.2ti ul � w 3 C ✓ w ✓ ✓. Co to J 1 • RESOLUTION NO. 13076 RESOLUTION APPROVING A LOT SPLIT OF LOT 4, BLOCK 1, SOUTHWIND Whereas, Paul Betker, property owner, has requested approval to split Lot 4, Block 1, Southwind, legally described as follows: Westerly Parcel: That part of Lot 4, Block 1, Southwind, according to the recorded plat thereof, lying west of a line described as follows: Commencing at the southwest comer of said Lot 4; thence easterly, along the south line of said Lot 4 a distance of 43.51 feet to the beginning of the line to be described; thence northerly, parallel with the west line of said Lot 4 a distance of 130.11 feet to the north line . of said Lot 4 and said line there terminating. Easterly Parcel: That part of Lot 4, Block 1, Southwind, according to the recorded plat thereof, lying east of a line described as follows: Commencing at the southwest corner of said Lot 4; thence easterly, along the south line of said Lot 4 a distance of 43.51 feet to the beginning of the line to be described; thence northerly, parallel with the west line of said Lot 4 a distance of 130.11 feet to the north line of said Lot 4 and said line there terminating Whereas, the Planning Commission discussed and made recommendations on November 21, 2006, on the request and considered the requirements of the Zoning Ordinance, effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of • the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the lot split, subject to the following findings and conditions: 1. The proposed lot splits would meet the standards of the R -2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50 %. 5. At the time of platting, money was escrowed for two trees per lot. However, as money was not provided for the additional twin home lots, the new lot division will require one additional tree per lot at $ 200.00 per tree, for a total of $ 400.00. Adopted by the City Council this 28`s day of November, 2006. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor (e Cc) C-�- MEMORANDUM DATE: November 22, 2006 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF LOT SPLIT FOR 235 OTTAWA AVENUE S.E. APPLICANT: PAUL BETKER, PROPERTY OWNER Request: The property owner submitted a request on November 6"' fora lot split located at 235 Ottawa Avenue S.E. The application was submitted considerably past the application deadline (October 18') for the November meeting and after the planning staff meeting was held. However, due to the time of year and in an effort to keep the application moving through the process, staff presented the request to the Commission to consider the lot split or table it until the December meeting. Although the application was submitted after the Planning Commission deadline, the proposed lot split would meet the requirements of the Zoning Ordinance. • Additional details are included in the attached report to the Planning Commission. Planning Commission Meeting: j • The Planning Commission considered the request at their November 21, 2006, meeting.j The Commission discussed the issue of the late application, his behavior towards the Commission and staff, and whether this item should be tabled until the next meeting. They emphasized the importance of following deadlines and procedures and that other developers have been Oble to comply. Mr. Betker debated with the Commission on the lot split process and expressed his disagreement with having to get lot splits before construction and the two trees per lot requirement. Staff stated both items are legally required by ordinance. The Commission also discussed the 50% maximum coverage requirement and raised concern on whether additional coverage in the future could be monitored as the properties are already at 50% coverage. The Commission stated that they will allow the lot split to proceed to the Council on the condition that the future lot split applications are turned in by the deadlines and that the remaining lots are split ahead of time. Recommendation: The Planning Commission recommended approval of the lot split with the stated findings and conditions in the attached resolution. Le tc') � U • DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Rebecca Bowers, Planning Director, and Bonnie Baumetz, Planning Coordinator Date: November 13, 2006 — Meeting Date: November 21, 2006 Application: Lot Split for 235 Ottawa Avenue S.E. Applicant: Paul Betker, property owner LOT SPLIT Brief Description The property owner submitted a request on November 6'' for a lot split located at 235 Ottawa Avenue S.E. The application was submitted considerably past the application deadline (October 18`') for the November meeting and after the Planning Staff meeting was held. However, due to the time of year and in an effort to keep the application moving through the process, we contacted Staff and Planning Commissioners via email regarding the application to obtain comments. We have had some response from both Planning Commissioners and Staff. Several Commissioners and staff members recommended that we follow specified deadlines and place the request on the December agenda or charge the extra fee for the special consideration in November. As staff has had several discussions with the applicant on this matter, this item is presented to the Commission for action or tabling until the next meeting. GENERAL INFORMATION Existing Zoning: R2 (Medium Density Residential) Property Location: 235 Ottawa Avenue S.E. Lot Size: Westerly parcel — 5636 sq. ft. Easterly parcel — 5686 sq. ft. Existing Land Use: R2 (Medium Density Residential) Adjacent Land Use And Zoning: R2 (Medium Density Residential) Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The preliminary plat, formerly known as Hutchinson Land Holdings, was approved in 2003 for 95 lots and planned to contain a total of 128 homes, including 62 single family and 33 two family homes (66 units). In 2003, a final plat for 48 lots plus an outlot was approved for the first addition. (o (C-)D, • n U • Lot split Paul Betker — 235 Ottawa Ave. S.E. Planning Commission— November 21, 2006 Page 2 Applicable Regulations: Section 153.05, City Code SPECIAL INFORMATION Transportation: Ottawa Ave. S.E. Parking: N/A Analysis and Recommendation: Although the application was submitted after the Planning Commission deadline, the proposed lot split would meet the requirements of the Zoning Ordinance. Therefore, if the Commission wishes to consider the lot split at this meeting, staff recommends approval with the following recommended findings and conditions: 1. The proposed lot split would meet the standards of the R -2 zoning district, subject to the conditions stated and airport zone building square footage requirements. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. 5. At the time of platting, money was escrowed for two trees per lot. The new lot division will require one additional tree per lot at $200.00 per tree. This will be collected with the building permit fees. Cc: Paul Betker, 37 Monroe St. 6 Lc)a LOT 4, BLOCK I , SOUTHWIND DESCRIPTION FOR WESTERLY PARCEL That part of Lot 4, Block I, SOUTHWIND, according to the recorded plat thereof, lying west of a line described as follows: Commencing at the southwest corner of sold Lot 4; thence easterly, along the south line of said Lot 4 a distance of 43.51 feet to the beginning of the line to be described; thence northerly, parallel with the west Una of said Lot 4 a distance of 130.1 1 feet to the north line of said Lot 4 and sold line there terminating. DESCRIPTION FOR EASTERLY PARCEL That part of Lot 4, Block I, SOUTHWIND, according to the recorded plat thereof, lying east of aline described as follows: Commencing at the southwest corner of sold Lot 4: thence easterly, along the south line of said Lot 4 a distance of 43.51 feet to the beginning of the line t0 be described; thence northerly, parallel with the west line of said Lot 4 a distance of 130.1 1 feet to the north line of said Lot 4 and said line there terminating. EDMONTON AVENUE 37.89 57.87 curb a putty 57.62 3721 57.04 .,57.9 x x81.3 58.0 x 50.8 59.1 1 0 15 30 60 scale in feet LOT AREA (westerly parcel) 5636 Square Feet Building Footprint Area as shown 2224 Sq Ft (does not Include dray) x 60.2 LOT AREA (easterly parcel) 5686 Square Feet Building Footprint Area as shown 2224 Sq Ft (does not include drivewa ) t ODT �x 59.x 59.7 s� O ai N W ti 0 0 Z 68.0 x --- i i X 58.3 58.7 x Earrh 81% Berm 6a,e S89e33'25eE 87.00 UI 0\ 57.9 x x 57.3 8 urabyy oa. m 5 � 59. . (60.5) 2 1 PROPOSED 58.38 PROPOSED < HOUSE HOUSE o 57.83 etaret curb 57.43 , po OTTAWA AVENUE 50'10 09 5j°k O Denotes Von monument set PROPOSED TOP OF FOUNDATION • 1061.0 BENCHMARK 7.334 �B 68.1 0 t: '61.7 x m t _ 2, 5$.2 _ r7.33 y ;+i O OD 0 C Garage Z Garage Z 24 24 •3 �• t 69.2 (60.5) (60.5) + CIO 4- - :•43.51 _ o 4 - -' L • 43.48 -- 582 A ° 0559'27" L • 87.001 sssvke 57}7aPole 60.5 x x 58.8 Existing House 58.62 58.38 58.07 57.83 etaret curb 57.43 OTTAWA AVENUE • Denotes Iron monument found O Denotes Von monument set PROPOSED TOP OF FOUNDATION • 1061.0 BENCHMARK Top nut of hydrant near the x Denotes existing elevation PROPOSED GARAGE FLOOR • 1060.7 southwest corner of Lot 4, .8 (No Basement) cie,,,,.,,,,, _ me en (z Betker Builders 37 Monroe ST SE Hutchinson, MN 55350 November 26, 2006 To: Hutchinson City Council Below please find some of my concerns regarding my building and developing the Southwind Addition: 1. See Attachment A. 1.07 and Attachment B. Letter regarding "Pre - Construction Conference ": This never occurred and perhaps if it had been arranged some things may have proceeded with less frustration. I believe the 7 % Administration fee should have covered the responsibility of scheduling • the meeting and making sure that it occurred. 2. When the Southwind project was started I had just finished developing and building twin homes on the North side of Hutchinson (the Walnut Ridge Addition). Those twin homes had some issues with lot coverage. So in the plans for developing Southwind, we made the lot sizes larger in order to prevent the same problems. The plans were drawn up and everything was approved by the City. 0 Sometime after we started, the City informed me that they again had a problem with my twin home plans and lot coverage. This is after the lot sizes were established and approved. The square footage of my twin home plans have virtually stayed the same as the homes on the Walnut Ridge development. So once again, after the fact, the City was telling me I was faced with the same issue. 2 When I went to pick up my 1' building permits, Barry, the Building Inspector at that time refused to give them to me until I installed "silt fencing "and just demanded that I have it in before he would grant me the permits. I was not opposed to complying with this issue but this had never been mentioned to me before and why did it have to be mentioned at the last minute, As I looked around town, other builders did not have any silt fencing installed and they were still building. Because I had to have it done that day, I did not have time to check around for pricing and had to pay a premium price to get it done. I really felt that Barry should have told me this when I brought the plans in, called me or something but not just blurted it out the day I picked up my plans and the permits. •3. See Attachment C - vases 1 & 2: The lots, single family homes and twin home lots, were approved by the City from the beginning agreement regarding the development Therefore, the City knew what was to be developed and how it would occur. My concern is why so much time has to be taken to approve the splitting of the twin home lots when the issue was known from the start of the development, 4. See Attachment D item #10 dated Dec. 17.2002: This states the following: " There are a few significant trees in and around the edge of the previous farm site, near Jefferson Street The developer should work with the forester to identify and preserve these trees." Before I gave the city any money to start the project, ALL the trees were clear cut before either the City or I (Paul Betker) gave the go ahead to do so. Therefore, I lost all the trees and never did find out who gave the OK to cut them down. 5. Attachment E. item #4: Also regarding the tree issue it states "The Developer will provide dollars to the City for the planting of boulevard trees at a rate of $180 per tree (2 trees per lot), which equals $17,280." Our understanding of the above is the following. Each lot gets 2 trees for a total of $360. Therefore, as an example, Block 3 -Lot 4, is a lot that will have a twin home built on it and it will get 2 trees for a total of $360. When I split the lot, the boulevard yard on each side of the twin home will have one tree per half of Block 3 -Lot 4. •6. Attachment F. vases 1 and 2: These reflect the Cities agreement to provide the trees and plantings along Edmonton at their expense. 7 I have looked through all my communications from the City and cannot find anything that says that the developer was required to pay for street lights. Therefore, that amount was a rather shocking and unplanned cost of $24,000.00. 8. Also, I was not able to find anything in the agreement that the developer was responsible for purchasing and installing street signs. These are some of the issues that have caused my frustration. I am not opposed to working with the City but I would also hope that the City would work with me in trying to reach a better understanding and not waste time, energy and money for each of us. 1] 1.03.4 Work to be performed subsequent to the Work under th' r 1. Building Construction 2. Watermain 3. Sanitary Sewer 4. Storm Sewer t 5, Street Construction .04 LOCATION: The project is located within the City of Hutchinson, in the area shown n the drawings. Work shall be confined to areas where the Owner has right of entry or )nslruction easements. 1.05 SPECIFICATION WHICH APPLY: Except as modified herein the following specifications shall apply and are, where applicable, hereby included by reference: The Standard Utilities Specification for Watermain and service Line Installation and Sanitary Sewer and Storm Sewer Installation, prepared and published by the City Engineers Association of Minnesota. • The Minnesota Department of Transportation Standard Specifications for Highway Construction, 1988 Edition, and all subsequent supplements, shall apply where reference is made to them by special mention to MnDOT Section. TIME OF COMPLETION: Grading shall be complete no later than October 17, 2003. 7 PRE - CONSTRUCTION CONFERENCE: Prior to the beginning of any work under contr�t, the Engineer will notify the Contractor of the time and place for a Pre - islruction Conference. This meeting will be held for the purpose of coordinating the ,k with the others, to discuss construction needs and procedures, to determine the iedule of work and to finalize other administrative details. The Contractor shall be ponsiblefor having those individuals from his firm and from any sub - contractor firm, who actually be on the site and in charge of the work, present at this conference. presentatives of the engineer, owner, contractor, city, and public utility companies shall present at this meeting. 1.08 NOTIFICATION OF INTENT TO BEGIN WORK: It shall be the Contractor's -- responsibility to make any and all notifications of his intention to begin the work. These notifications shall include, but not necessarily be limited to the City of Hutchinson, private • utility companies, and residences which will be affected by his operations. SCG -2 `I 11 u August 21, 2003 Richard Hobbs Simonson properties 2455 12" Street SE St Cloud MN 56304 RE: Southwind Subdivision Agreement (Hutchinson Land Holdings L.L.C.) Dear Mr. Hobbs, Hutchinson City Center I I I Hassan Street SE Hutchinson, NIN 55350 -2522 320- 587- 5151/rax 320 -234 -4240 Enclosed, please find five copies of the above - referenced Subdivision Agreement. Please obtain all signatures of fee owners and mortagees and return all five copies to this office for final execution by the City. Note that all signatures must be notarized. Upon final execution by the City, you will receive 4 copies, one copy for your files, one copy for Mr. Paul Betker, one copy for Citizens Bank & Trust and one copy (marked City of Hutchinson Copy) for filing at the County and returned to the City after recording.. • Additionally, the following items will need to be provided prior to the commencement of construction on the property: 1. Tree escrow - $17,280. 2. 7% Engineering/Administration Fee - $48,517 3. 100% of project costs for security— either in bond or letter of credit form, in favor of the City. 4. Preconstruction Meeting must be held. If you have any questions, please contact me. Thank you for your cooperation on this matter. Sincer Patrice Vander Veen Engineering/Assessments /pv enc. Bill Watkins Home Builders Network 205 East Ridgeville Boulevard — Suite C Mt. Airy, MD 21771 G APLANNING\Subd ivision\Agmements \CORRESOEV ELOP\.SIGNING \Southwind.do Printed un mryded paper • • CITY OF HUTCHINSON PLANNING STAFF REPORT To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Lisa McClure, Jean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Barry Greive; Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jimt Popp, Steve Madson, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: December 9, 2002 — Meeting Date: December 17, 2002 Applicant: Hutchinson Land Holdings, LLC SKETCH PLAN REVIEW Brief Description: In August, 2002 a petition to annex 41.3 acres in the Southeast area of the City (Shimek property) was submitted to City Staff. The Planning Commission approved the request for annexation on October 15`", with City Council approval on October 22nd. The request was submitted to the Minnesota Planning Municipal Boundary Adjustments department and will be placed on their December 13, 2002 agenda. On November 18'", the applicants presented their plan at a predevelopment meeting and requested to be placed on the December Planning Commission meeting to discuss the sketch plan at that time. The sketch includes a residential development consisting of one and two family lots. There are 98 lots proposed which consist of 65 single family lots and 33 duplex lots for a total of 131 units. GENERAL INFORMATION Existing Zoning: RI (Low density residential) Property Location: South of extended Edmonton Ave. Lot Size: 41.3 Acres Existing Land Use: Vacant Adjacent Land Use And Zoning: Agriculture and Single Family Housing Comprehensive Land Use Plan: Low to Medium Density Zoning History: NA Applicable Regulations: Section 1209 . Subd 1, Sketch Plan Review i CITY OFHUTCHINSONS PLANNING STAFF REPORT • To: Hutchinson Planning Commission Prepared By: Planning Staff. Brad Emans, Dolf Moon, Don Nelson, Miles Seppelt, Amanda Alison, Jean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Steve Madson, Dick Nagy, Julie Wischnack, AICP; and Bonnie Baumetz Date: February 3, 2003 —Meeting Date: February 18, 2003 Applicant: Paul Betker and Hutchinson Land Holdings, property owners REZONING AND PRELIMINARY PLAT Brief Description The applicants are requesting to plat 95 lots located in the newly annexed property (Shimek property). The lots will be single and two family lots. Approximately 33 lots will be two family leaving 62 single family lots, for a total of 128 units in the development. A new plat name will be chosen by final plat action. There are no street names listed as yet. Staff is working with the developer to name the streets. The applicants are requesting to rezone the entire area from R to GENERAL INFORMATION Existing Zoning RI (Low Density Residential — Single Family) Property Location: South of Edmonton Ave. SE and West of Jefferson St. SE Lot Size: Existing Land Use: Agriculture Adjacent Land Use And Zoning: Agriculture to the south; Low to Medium Residential to the north; Fringe Commercial to the west and rural residential to the east. Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The property was annexed to the City of Hutchinson in December, 2002. Property annexed to the City comes m zoned RI district. Applicable Regulations: Section 6.05 Rezonings Section 12.10 Preliminary Plat C -py7, L� Sketch Plan Review Hutchinson Land Holdings Planning Commission— December 17, 2002 Page 3 4. The lilat provides for a number of outlots with no specific purpose. The plat should,identify the purpose and the owners of these outlets. 5. The timing of Edmonton Avenue construction and water extension from the Summerset plat are two scheduling issues. The timing of this development will be based on the availability of the other two projects. 6. A wetland delineation report and storm water detention details Will need to be addressed in the preliminary plat. 7. A phasing plan must be presented during the preliminary plat to provide an indication to the City about accessibility of the development. 8. The development will be privately financed and will require administrative fees for monitoring the development. 9. There are many tile lines that in the property. Commitment about maintaining the tiles or plans for relocation, must be clearly identified during the platting of the property. 10. There are a few significant trees in and around the edge of the previous farm site, near Jefferson Street. The developer should work with the forester to identify and preserve these trees. Cc: Hutchinson land Holdings, U.C, Bill Watkins, 205 E. Ridgeville Blvd Ste. C, Mt. Airy MD 21711 Marty Campion, Otto and Assoc., 9 west Division SL, Buffalo MN 55313 Paul Betker, 37 Monroe St., • John Brunkhorst, Comity Highway Engineer - • ---- ---- -- standards shall be the Subdivider's responsibility. All costs to make these repairs shall be the Subdividers responsibility for a period of two (2) years after the project is completed and the City • has agreed to accept the improvements. Costs incurred by the Subdivider to oversize sanitary sewer and watermain (costs to increase size above standard 8" diameter lines) shall be reimbursed by the City to the Subdivider at an approved upon rate. 3. All work noted in paragraph 1 above must be designed and constructed under the direction of a registered professional engineer. The Subdivider shall have the private engineer inspect all work and complete a "Letter of Compliance" stating that, to the best of his knowledge and expertise, the work was completed in conformance with all applicable city, state and federal specifications and regulations. The engineer shall also provide the City with as -built drawings in AutoCad format. After compliance review by the City Engineering Department, a "Letter of Acceptance" shall then be prepared and signed by the City and the Subdivider. 4. The Developer will provide dollars to the City for the planting of boulevard trees at a rate of $180 per tree (2 trees per lot), which equals $17,280. The City will keep these dollars in reserve until a majority of the development has buildings then plant the trees within the boulevard areas. The location of trees shall be determined by the City Forester_ 5. It is understood and agreed that the Subdivider shall pay an engineering and administrative fee to the City to cover expenses related to review, inspection and acceptance of privately installed infrastructure that is proposed to be turned over to the City of Hutchinson. This rate shall be as noted in the approved City policy at the time of construction. The current rate is 7% of construction cost, which shall only apply to those infrastructure items to become the property of • the City. The Subdivider, or the Subdivider's contractor, shall also provide a bond or letter of credit in favor of the City, in the amount of 100% of the private project improvements. The bond or letter of credit and engineering/administration fee are due prior to the commencement of construction. 6. It is understood that the following City of Hutchinson expenses and improvements are proposed to be assessed to the subdivision in 2003, as noted in paragraph No. 1 above: a. Half the cost to purchase the adjacent right -of -way for Edmonton Avenue SE in 2001: $29,510 (2.27 acres at $13,000 per acre). b. 25% of the cost to construct the previously installed trunk sanitary sewer line in 2001 (lateral value only) adjacent to the plat: $8,906.25_ c. 25% of the cost to construct Edmonton Avenue SE improvements in 2003 and 2004 adjacent to the plat: $92,582.06. 7. It is understood that improvements to Jefferson Street adjacent to the plat will be made in the future, and that current policies call for 25% of the cost of these improvements to be assessed to the adjacent property. 0 A- 337474 Sm&Y&YdSubdiviWA (—City Conuuil- August 12 ,2003 — final oopypMWAugusf21, 200 2. The Subdivider shall provide all turf establishment and erosion control necessary to protect the utilities, pond and ditch areas and street improvements beyond the boulevard areas. The • Subdivider shall complete all required permitting and provide all erosion control during site grading work, prior to infrastructure construction, necessary to meet local and state requirements. The entire site shall be planted with perennial rye grass, or other erosion control plantings, following completion of site grading. It is understood and agreed that the City reserves the right to complete the work necessary to meet local, state and federal regulations and invoice the Subdivider if they are found to be in violation of these regulations. 3. Both parties have indicated an interest in reviewing the potential for constructing a landscaped berm adjacent to the plat along Edmonton Avenue SE. The City of Hutchinson agrees to provide trees and seeding in this area as part of the Edmonton Avenue SE project, and the Subdivider agrees to complete grading of the berm prior to this landscaping. 4. It is agreed and understood that natural gas or electric distribution mains and services will not be scheduled for installation until all provisions of paragraphs 1 of this section have been met. Staging of this work must be approved, and will only be allowed with the written approval from Hutchinson Utilities and Hutchinson Telephone. 5. It is understood and agreed that it shall be the Subdivider's responsibility to provide survey . control points for all infrastructure and site construction. 5. It is understood and agreed that the Subdivider shall be responsible for maintaining the condition of the infrastructure during building construction. The Subdivider shall be required to • maintain and clean the roadways and storm sewers on a regular basis, and shall repair or replace any street, storm sewer, sanitary sewer or watermain infrastructure damaged by operations related to building construction on the site. The City reserves the right to complete this work and invoice the Subdivider after 10 days written notice of work to be completed. 11. ASSESSMENTS/IMPROVEMENTS 1. The plat of Southwind has been platted to include Lots 1 -9, Block 1; Lots 1 -17, Block 2; Lots 1- 8, Block 3; Lots 1 -11, Block 4; Lots 1 -3, Block 5, Outlots A and B). The Preliminary Plat indicates 94 lots total within all phases of the complete plat. 48 lots are proposed to be included in the first phase of the development. It is proposed that all assessments to this subdivision are divided on a per lot basis. Based on this assumption, all assessments noted will be divided by 94 units and spread per proposed lots to each lot, parcel and outlot in the subdivision. 2. The Subdivider hereby agrees to construct lateral sanitary sewermains and appurtenances, lateral watermain and appurtenances, sanitary sewer service leads, water service leads, lateral and trunk storm sewer and appurtenances, curb and gutter, site grading, ponding, street signs and lighting, restoration and appurtenances to serve the entire plat. The City shall approve all construction documents and shall have overview and final approval of all infrastructure proposed to be turned over to the City. The City reserves the right to reject work that is not in conformance with its standard specifications. It is understood and agreed that the cost of repairs, upgrades, maintenance or other improvements required to bring the infrastructure work up to City • SmWwndSubdWffAwuwwM — CiVCwnd- August 12, 2003— figloopypdnWAugust21,2003 A- 337474 .opmenl notes ber 18, 2002 cJti�tu�e.���i- an R. questioned the outlots. He stated SAC/WAC charges will increase next year. This area is in the electric • ervices territory which is $800 per unit. These costs will be collected with the building permit. John R. stated 25% of the cost of the road improvements will be assessed and the stormwater is a regional cost and accessed differently. Accesses in the development look good. Julie W. stated the outlot on Edmonton should be reserved for a possible road. Marty C. stated they may plat the lot lines with wider easements. John R. stated there will be a deep trunk line in that area. Discussion followed on traffic patterns in the development. Mark Schnobrich commented on boulevard plantings. Bill W. stated they advocate boulevard trees. Mark S. explained the City is beginning to amend soils after development. John R. stated plantings on Edmonton will be part of the State Aid program. SMark S. stated there should be buffering on Jefferson St. also. Marty C. stated there is a natural screening along ZJefferson St_ and that will remain. Mark S. will look at the trees there now. Bill W. stated they will try to save the trees on the lots. Marty C. stated they will be ready to present the conceptual plan to the Planning Commission on December 17'b. Julie W. explained there will be parkland contribution of $175. per unit in the R2 district. She will check with Dolf • Moon regarding land acquisition. She stated R2 meets the comprehensive plan. Jim Popp commented on the need for emergency access and water supply during construction. Julie W. stated there will be weekly updates on construction. Don Nelson stated the main line electric is at no cost. There is a cost for the individual service connections. There is electric and gas main line expense after it freezes. Julie W. explained the stormwater /wetland issues must be resolved. Roger B. stated the existing well and septic must be abandoned as per State codes. The well must be sealed and the septic pumped and removed or crushed and buried. 0 0 RESOLUTION NO. 13077 RESOLUTION APPROVING A CONDITIONAL USE PERMIT REQUESTED BY MODERN MAZDA TO ALLOW A TOWING COMPANY OFFICE WITH IMPOUD LOT LOCATED IN THE C4 (FRINGE COMMERCIAL) DISTRICT LOCATED AT 700 AIRPORT ROAD SW Whereas, Modem Mazda Towing, applicant, has requested approval of a conditional use permit for property located at 700 Airport Road S.W., legally described as follows: That part of the North Half of the Northeast Quarter of Section Thirteen (13) Township One Hundred Sixteen (116) North of Range Thirty (30) West, described as follows, to- wit: Beginning at a point, said point being the intersection of the Westerly 75 foot right - of -way line of Minnesota State Trunk Highway No. 15, with the North line of said Northeast Quarter of Section Thirteen (13); thence Westerly along said North line of Northeast Quarter, 1356.61 feet; thence Southerly on a line parallel with the said Westerly 75 foot right -of -way line, 208.71 feet; thence Easterly on a line parallel with the North line of said Northeast Quarter, 1147.9 feet; thence Southerly on a line parallel with the said Westerly 75 foot right -of -way line 730.49 feet; thence Laste.'; en i 'iue parallel with the North line of said Northeast Quarter, 208.71 feet to the said Westerly 75 foot right -of -way line; tbence North along said right -of -way line, 9392 feet to the point of beginning; EXCEPTING THEREFROM THE SOUTH 208.71 feet AND That part of the East Half of the Southeast Quarter of Section Twelve (12) in Township One Hundred Sixteen (116) North of Range Thirty (30) West described as PARCEL NUMBER FIVE (5) OF MCLEOD COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 26 EXCEPTING THEREFROM any portion thereof included in Application to Registered Land Document No. 145736 Whereas, the Planning Commission has held a public hearing on November 21, 2006 on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and: anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with th0 Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit and site plan, subject to the following findings and conditions:! 1. City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 2. The Council has determined that the proposed use is in harmony with the general purpose and intent ofithe Zoning Ordinance and the Comprehensive Plan. 3. The property owner shall combine the two lots at the County. Adopted by the City Council this 28a' day of November, 2006. ATTEST: Gary D. Plotz Steven W. Cook City Administrator Mayor 0C� 0 MEMORANDUM DATE: November 22, 2006 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW ATOWING COMPANY OFFICE WITH IMPOUND LOT LOCATED IN THE C4 (FRINGE COMMERCIAL) DISTRICT AT 700 AIRPORT ROAD APPLICANTS: BERNIE MCRAITH, PROPER T Y lOWNER, AND LOWELL AND BONNIE BAUMETZ, APPLICANTS Request: The applicants are requesting a conditional use permit to allow a towing company office with a fenced impound lot located at 700 Airport Road S.W. Section 154.064 of the City Code was recently amended to conditionally permit towing companies in the C4 District. The applicant • proposes to have an office in a portion of the building and construct a 110' x 75' fenced and paved impound lot. The fence would be at least 6 feet in height, constructed of wood, and 100% opaque. The attached site plan identifies the location of the impound lot. Planning Commission Meeting: The Planning Commission held a public hearing and considered the request attheir November 21, 2006, meeting. There were no property owners who objected to the request. Initially staff had recommend that the paved impound lot be moved to the south off the main parking lot in order to not use existing parking spaces, however due to the location of the septic tank, the paved lot cannot be moved further south. Therefore, the paved lot should be located as shown on the attached site plan. Staff stated thatthe site contains surplus parking spaces beyond the requirements of the ordinance. The applicant stated that they will be working with the property owner to clean up the site and will keep cars into the fenced area. Recommendation: The Planning Commission unanimously recommends approval of the conditional use permit with the stated findings and conditions included in the attached resolution. (P (C)I3 J 0 • K w tR O N ® SCALE. 1- = 50'-0' � C�J3 DIRECTORS REPORT — PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppeit, Dan Sexton, Judy Flemming, Jean Ward, John Rodeberg, P.E., Kent Exner, John Webster, .John Olson, Lenny Rutledge, Kyle Dimler, Mark Schnohrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers, and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: November 13, 2006 —Meeting Date: November 21, 2006 Subject: CONDITIONAL, USE PERMIT TO ALLOW A TOWING COMPANY OFFICE WITH IMPOUND LOT LOCATED IN THE C4 (FRINGE COMMERCIAL) DISTRICT AT 700 AIRPORT ROAD Applicant: Bernie McRaith, property owner Lowell and Bonnie Baumetz, applicants Description of Conditional Use Permit Regn:;t: The property owner and applicants are requesting a conditional use permit to allow a towing company office with a fenced impound lot located at 700 Airport Road S.W. Section 154.064 of the City Code was recently amended to conditionally permit towing companies in the C4 District. The applicant proposes to have an office in a portion of the building and construct a 110' x 75' fenced and paved impound lot. The fence would be at least 6 feet in height, constructed of wood, and 100% opaque. Area M Conditional Use Permit Towing Company in the C4 District 700 Airport Road SW . Planning Commission— November 21, 2006 Page 2 GENERAL INFORMATION Existing Zoning: C4 ( Fringe Commercial) Property Location: 700 Airport Road SW Lot Size: Approximately 2 acres Existing Land Use: Automotive Repair Adjacent Land Use And Zoning: I/C ( Industrial Commercial) to the South and West C4 ( Fringe Commercial) to the North and East Comprehensive = - Land Use Plan: Urban Commercial Design Zoning History: The property was annexed to the City in 1998. A conditional use permit was granted in 2002 to allow an automobile repair shop in a portion of the building. A conditional use permit to allow outdoor storage was granted in 2003. Applicable Regulations: Section 154.064 of the City Code • SPECIAL INFORMATION Transportation: Airport Road SE Parking: 5.5 per 1,000 sq. ft. of office space I 100% opacity fence area impound lot Analysis and Recommendation: I Approval of a conditional use permit (CUP) is required in order to allow a towing office with an impomr lot in the C-4 district. A CUP shall be granted only if evidence is presented to establish the following: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. The proposal was reviewed at the November 6, 2006, staff meeting. Planning staff suggested that the fenced • impound lot be moved further south off the main parking lot in order to not use existing parking spaces. As the impound lot is proposed to straddle a property line, staff recommends that the two lots be combined to `C�3 Conditional Use Permit Towing Company in the C4 District 700 Airport Road SW . Planning Commission— November 21, 2006 Page 3 into one lot. Staff discussed that the fencing would provide adequate screening and the proposal may be an opportunity to move some of the vehicles currently being stored outside into the fences area to improve the appearance of the property. Also discussed was that the location of the septic tank and field must he verified before construction of the fenced parking area. Staff finds that the request would meet the requirements of granting a conditional use permit (Section 154.170) and recommends approval subject to the findings and conditions listed in the draft findings in Resolution 13062, including these specific conditions: 1. The paved impound lot shall be moved south off the main parking lot in order to not use existing parking spaces. 2. The property owner shall combine the two lots at the County. 3 The location of the septic tank and field shall be verified prior to construction of Lhe Im ctd parking area. Cc: Bernie McRaith, 600 Tyler St. S.W. Lowell and Bonnie Baumetz, 15717 — 160'h Street �J • (C)3 • PUBLICATION NO. ORDINANCE NO. 06 -0448 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA VACATING UTILITY AND DRAINAGE EASEMENTS LOCATED ON THE SOUTH LINE OF LOT 4, BLOCK 1, HANSONS SUBDIVISION OF PETERSON ESTATES, 320 JEFFERSON COURT S.E. THE CITY COUNCIL OF THE CITY OF HUTCHINSON. MINNESOTA ORDAINS: Section 1. 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 vacate utility and drainage easements located in Hanson's Subdivision of Peterson Estates. Section 2. That the utility and drainage easements to be vacated are described a0bllows: Description for proposed easement vacation Lot 4, Block 1, Hanson's Subdivision of Peterson Estates in Hutchinson: Vacate the North 10.00 feet of the dedicated 20.00 foot wide drainage and utility easement lying northerly of and adjoining the south line Lot 4, Block 1, Hanson's Subdivision of Peterson Estates, according to the recorded plat thereof The westerly line of said part of the easement to be vacated being the being the southeasterly line of the Northwesterly 10.00 feet of said Lot 4 and • the east line of said part of the easement to be vacated being the west line of the East 10.00 feet of said Lot 4. • Section 3. This ordinance shall take effect from and after passage and publication. Adopted by the City Council this 12c' day of December, 2006. ATTEST: i I i Gary D. Plotz Steven W. Cook City Administrator Mayor c0 &Ju • RESOLUTION NO. 13078 RESOLUTION APPROVING FINDINGS OF FACT FOR VACATION OF 10 FEET OF A 20 FOOT DRAINANGE AND UTILITY EASEMENT LOCATED AT 320 JEFFERSON COURT S.E. Whereas, Wade Padmos, property ower, has submitted a request to vacate a 10 footportion of easement along the south side of 320 Jefferson Court S.E. Whereas, the Planning Commission has held a public hearing on November 21, 2006 on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and recommended The City Council has considered the recommendation and findings of the Planning Commission, and after further considering the vacation, hereby app -oyes of the request ;rah the following recommendations: 1. City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 2. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. • 3. Subject to a written agreement between the property owner and the City to allow and make accommodations for the City crews to access the stormwater pond adjacent to their property if maintenance of the pond is necessary by the City. This arrangement would end when the parcel to the south is developed and appropriate infrastructure with corresponding easements is constructed. 4. The detached garage may not be placed in the remaining easement area and all regulations must be followed regarding detached garages. Adopted by the City Council this 28h day of November, 2006. ATTEST: Gary D. Plotz City Administrator u Steven W. Cook Mayor to Cc,) l 0 MEMORANDUM DATE: November 22, 2006 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF VACATION OF A PORTION OF THE EASEMENT LOCATED ON THE SOUTH LINE OF LOT 4, BLOCK 1 HANSONS SUBDIVSION OF PETERSON ESTATES, 320 JEFFERSON COURT APPLICANT: WADE PADRNOS, PROPERTY OWNER Request: c — The property owner has applied for the vacation of 10 feet of the 20 foot drainage and utility easement on the south line of lot 4, block 1, Hansons subdivision of Peterson Estates, to construct a detached garage in the rear yard located at 320 Jefferson Court S.E. Engineering and Utilities staff met with the property owner on -site and determined the vacation could be allowed contingent on an agreement the property owner would allow and make • accommodations for the City crews to access the stormwater pond adjacent to their property if maintenance of the pond is necessary by the City. This arrangement would end when the parcel to the south is developed and appropriate infrastructure with corresponding easements is constructed. Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their November 21, 2006, meeting. There were no property owners who objected to the request. The following conditions were recommended by the Planning Commission and staff forthe vacation of the easement: 1. Subject to a written agreement between the property owner and the City to allow and make accommodations for the City crews to access the stormwaterr pond adjacent to their property if maintenance of the pond is necessary by the City. This arrangement would end when the parcel to the south is developed and appropriate infrastructure with corresponding easements is constructed. 2. The detached garage may not be placed in the remaining easement area and all regulations must be followed regarding detached garages. Recommendation: • The Planning Commission unanimously recommends approval of the vacation of easements with the stated findings and conditions and recommends approval of the attached Ordinance. DIRECTORS REPORT -- PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Finans, Dolf Moon, Dave Hunstad, Miles Seppelt, Dan Sexton, Judy Flemming, Jean Ward, John Rodeberg, P.E., Kent Exner, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers, and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: November 6, 2006 — Meeting Date: November 21:, 2006 Subject: Vacation of Easements for 320 Jefferson Court S.E. Applicant Wade Padrnos, Property Owner VACATION OF EASEMENTS Brief Description: The property owner has applied for the vacation of ten feet of the 20 foot drainage and utility easement on the south line of Lot 4, Block 1, Hansons Subdivision of Peterson Estates to construct a detached garage in the rear yard located at 320 Jefferson Court S.E. Engineering and Utilities staff met with the property owner on -site and determined the vacation could be allowed contingent on an agreement the property owner would allow and make accommodations for the City crews to access the stormwater pond adjacent to their property if maintenance of the pond is necessary by the City. This arrangement would end when the parcel to the south is developed and appropriate infrastructure with corresponding easements is constructed. 3 (.0CC-) Ld 0 • 0 GENERAL INFORMATION Existing Zoning: RI ( Single Family Residential) Property Location: 320 Jefferson Crt. S.E. Lot Size: .96 acres Existing Land Use: Single Family Residential Adjacent Land Use And Zoning: RI ( Single Family Residential) Comprehensive Land Use Plan: Traditional Residential Neighborhood Applicable Regulations: City Charter SPECIAL INFORMATION Transportation: Jefferson Street and Jefferson Court S.E. Analysis and Recommendation: The request to vacate a ten foot portion of the drainage and utility easement met positive reaction by the staff present. Staff would recommend approval of vacating 10 feet of the 20 foot drainage and utility easement with the following conditions: 1. Subject to a written agreement between the property owner and the City to allow and make accommodations for the City crews to access the stormwater pond adjacent to their property if maintenance of the pond is necessary by the City. This arrangement would end when the parcel to the south is developed and appropriate infrastructure with corresponding easements is constructed. j 2. The detached garage may not be placed in the remaining easement area and all regulations must be followed regarding detached garages. Cc: Wade Padrnos, 320 Jefferson Court S.E. c0 ((J) ti m i W' OM N � � Y � 17 =I I .. I Z N 1 a , 1 t 1 ee I 1 1 I A t t i 1 1 1 i 1 L- O N � W L1 a Nq9. 0250• 236.00 f- 3 \\ W i S W 7y' 90. 40 2�, /51 18 S O M Pyp R.6p 00 nc238 id2-b`' ^• q, W`i �NNi �.r N C. 4.7 42'04- 1 O 4 s ca .9 v rn dcl' N 4- O N dJ IT 10 d 1 yryyy. 6 % el 3 .3tih .,,• �p� ,y y. saves •E N•2w,w KAH► B�. CIRCLE C =109.08 OB•�' ; I ol N 86.58' 10- W AUD. PLAT OF LOT 15 OF AUD. PLAT , OF SEC. 7, NI \I I \\ to 272.00 y0 T116, R.29 \ C Drainage and utility easements are snovn thus, N ,^ I s .Q I • I I 0 0 RESOLUTION NO. 13079 RESOLUTION APPROVING A CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF HUTCHINSON TO ALLOW OVER 1000 CUBIC YARDS OF FILL IN THE FLOOD PLAIN FOR CONSTRUCTION OF WASTE WATER TREATMENT FACILITY EXPLANSION AT 1300 ADAMS STREET S.E. Whereas, the City of Hutchinson, property owner, has requested approval of a conditional use permit for property located at 1300 Adams Street S.E., legally described as follows: All that part of the Nortbweat Quarter of Section 8, Township 176 North, Range 29 Kest, McfcNd County, Minnetwta described as follows, Beginning at w point on tha Krst line of mid Section 8 a distance of 432.2 feet dice birth (nssu*ed lwarJog) or the &,ct1:..eat 1'ulner Of said gortbxest quarter; thence_ due North, along said Wont, li4io, a distance of 1132,65 feet, thence South 54' 62' %aaL a distance or 2496.25 Feet to a point . of tsngmcy with a curve, rw ncave to the Southwest and having a radius of 5$7%.59 toot.; thencr- Southeasterly, along said curve, to a point PTA the -South line of said Northwest quarter; thence South 89' 22' XOSt; along said South line, a distance of 2035.96 feet; thtm" North 17' 44' keMat a distance of 183.6 feet; thonty North 52' 44' Kest a distance or 262 feet; thence North 44' 34' Kest a distaner„ of 27.8 feet to th€ ,point of beginning, containla6 53.1 acres wore or less 2Xff, PrfN6 TRERFAWN THE FOLLOWING 118SCR19i3} LAND: That part of the Northwest quarter of 3e0.lon 8, Tcuniship 116 'North, Range 24 Kest, XcLeod County, Ninncsaota, described as folloun: Cowwencio$ at the southwest corner of said Northwest Quarter; thence ;South 83 degrees i 29 ainutm 61 aeorxeds Ewt, assaaed bearing, along the south line of said Ndrthwent Quarter a distance of 943.58 feet to the point of beginning of the land to be described; thence North 0 deffireea 00 ainotss 53 secontin west 1105.75 feet to the southwesterly lime+ of the forger right of way of the Chicago, llilwankee, St. Paul mA Pacific Railroad; thence southaentrerly. along said southv�oterly ,line, 1835.44 Feet to said south line of Anrthw"t Quarter; thence North 89 de*grcrn 28 winotes 51 aw�onds W"t, shag said � south Line, 1454.22 feet to the point of hegianirag. I Whereas, the Planning Commission has held a public hearing on November 21, 2006 on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit and site plan, subject to the following findings and conditions: 1. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the • surrounding area and the effect of the use on the Comprehensive Plan. l.0 ((a5 Conditional Use Permit City of Hutchinson —1300 Adams St SE Fill in Flood Plain Pg 2 • 2. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 3. The Council has determined the request meets the standards for granting a conditional use permit in the floodplain. 4. Written documentation of approval from the DNR, McLeod County and the Army Corps of Engineers. Adopted by the City Council this 28'h day of November, 2006. ATTEST: Gary D. Plotz City Administrator • 0 Steven W. Cook Mayor Cc-Js n u 9 • MEMORANDUM DATE: November 22, 2006 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONDITIONAL USE PERMIT TO ALLOW OVER 1,000 CUBIC YARDS OF FILL IN THE FLOOD PLAIN FOR AN EXPANSION AT THE WASTE WATER TREATMENT PLANT LOCATED AT 1300 ADAMS STREET S.E. APPLICANT: CITY OF HUTCHINSON Request: The City of Hutchinson is requesting a conditional use permit to allow placement of over 1,000 cubic yards of fill in the flood plain for construction of an addition to the Waste Water Treatment Facility. This addition would include an MBR (membrane bio- reactor) treatment building with associated treatment basins on the south side of the facility and would be located within the 100 year flood plain. Approximately 3,600 cubic yards of fill is required to elevate the addition above the floodplain. The fill for the project will be obtained on site j from the excavation for the building /basins. The main floor of the MBR building will be at an elevation of 1036.50 and the top wall of the additional treatment basins will be at an elevation of 1043.50', which both sufficiently exceed the 100 -year flood elevation of 1033.88'. Additional information is contained in the attached staff report to the Planning Commission. Planning Commission Meeting: I The Planning Commission held a public hearing and considered the request attheirNovember 21, 2006, meeting. There were no property owners who objected to the request. Staff stated that written approval of the project by the Army Corp. of Engineers has been received and verbal approvals have been received by the DNR and McLeod County. The Commission recommended that copies of written approvals from the three agencies should be submitted to the City Council as a condition of approval. After discussing the request, the Commission unanimously recommended approval. Recommendation: The Planning Commission unanimously recommends approval of the conditional use permit with the stated findings and conditions included in the attached resolution.. � LcA C-" Plli ` r I ti o I d, GENERAL NOTES: i PLAN tnTEE& Q iv wscuar® a P� s ma um. a v¢ >roa miw .o vepo v 5�'ryY4'OZ � t011 LOIIIMX� , A\ 1 j - o p I�� 1 3 B F_ F� i j a it I° i I � 1 •a Q I i 14 02CW • Page 1 of 1 Rebecca Bowers \ A^(�(�ro vo-�Q- d From: Kent Exner ___ Sent: Monday, November 20, 2006 12:06 PM To: 'Robert Collett'; Randy Devries; Brian Mehr; Rebecca Bowers; John Rodeberg Subject: FW: City of Hutchinson VVWTF Improvements Fyi - Good news, see below. Kent Exner, PE City Engineer City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 -2522 ke_x_nef Q�cl,hutchiflson.mn us 320.234.4212 Direct 320.583.5663 Cellular 320.234.4240 Fax From: Denali, Sarah MVP [mailto: Sarah .Denali @mvp02.usace.army.mil) Sent: Friday, November 17, 2006 9:04 AM To: Kent Exner Cc: roger.berggren @co.mcleod.mn.us Subject: City of Hutchinson VA TF Improvements I Kent, In response to your November 7 letter requesting a timely review and feedback for the W WTF Improvements: i After discussions with the City of Hutchinson, and review of the project, the removal of material from the designated project area on the northwest end of the previous gravel pit, does not require a permit from the Corps. If you have any fw-ther questions or we can be of ftirther assistance, please give pie a call. Thanks. Sarah Denali Project Manager US Army Corps of Engineers OP -R 190 Fifth St. East St. Paul, MN 5 5101-163 8 651- 290 -5357 (office) 651-290-5330 (fax) 11/22/2006 co DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Dan Sexton, Judy Flemming, Jean Ward, John Rodeberg, P.E., Kent la xner, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Mark Schnobrieh, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers, and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: November 6, 2006 —Meeting Date: November 21, 2006 Subject: CONDITIONAL USE PERMIT TO ALLOW OVER 1000 CUBIC YARDS OF FILL IN THE FLOOD PLAIN LOCATED AT 1300 ADAMS STREET S.E. Applicant: City of Hutchinson Description of Conditional Use Permit Request: The City of Hutchinson is requesting a conditional use permit to allow placement of over 1,000 cubit: yards of fill in the flood plain for construction of an addition to the Waste Water Treatment Facility. This addition would include an MBR (membrane bio- reactor) treatment building with associated treatment basins on the south side of the facility and would be located within the 100 year flood plain. Approximately 3,600 cubic yards of fill is required to elevate the addition above the floodplain. The fill for the project will be obtained on site from the excavation for the building/hasins_ The main floor of the MBR building will be at an elevation of 1036.50 and the top wall of the additional treatment basins will be at an elevation of 1043.50', which both sufficiently exceed the 100 -year flood elevation of 1033.88'. Area (0 CC-)S t 4 (0 CC-)S Conditional Use Permit 1300 Adams St S.E. Planning Commission— November 21, 2006 • Page 2 GENERAL INFORMATION Existing Zoning: I -2 (Heavy Industrial) Property Location: 1300 Adams St. S.E. Lot Size: Approximately 30.2 acres Existing Land Use: Waste Water Treatment Facility Adjacent Land Use And Zoning: I -2 (Heavy Industrial Across the river is residential Comprehensive Land Use Plan: Industrial Zoning History: The property was rezoned to I -1 in 1986. The Zoning Ordinance was updated in 1992 to add language for an I -2 district. The I -2 district replaced the previous I -1 district in some areas of the City. The Waste Water Treatment Facility opened in 1988. Applicable Regulations: Sections 154.096, 154.085, and 154.068 • SPECIAL INFORMATION Transportation: Adams Street Analysis and Recommendation: i Approval of a conditional use permit (CUP) is required in order to allow fill in excess of 1,000 cubic yards in the floodplain. As noted, approximately 3,600 cubic yards of fill is required to elevate the addition above the floodplain. Section 154.096 contains the requirements for granting a CUP within the floodplain. The factors which shall be considered are the following: Section 154.096 Planning Commission; Conditional Uses (floodplain) (1) The danger to life and property due to increased flood heights or velocities caused by encroachments; (2) The danger that materials may be swept onto other lands or downstream to the injury of others or that they may block bridges, culverts or other hydraulic structures; (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions; (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of this damage on the individual owner; (5) The importance of the services provided by the proposed facility to the community, (6) The requirements of the facility for a waterfront location; • (7) The availability of alternative locations not subject to flooding for the proposed use; (8) The compatibility of the proposed use with existing development and development anticipated in theforeseeablefuture; (9) The relationship of the proposed use to the Comprehensive Plan and flood plain management program for the area; r Conditional Use Permit 1300 Adams St S.E. Planning Commission— November 21, 2006 • Page 3 (10) The safety of access to the property in times of flood for ordinary and emergency vehicles; (11) The expected heights, velocity, duration, rate of rise and sediment transport of theflood waters expected at the site; and (12) Other factors which are relevant to the purposes of this subchapter. Staff reviewed the CUP at the November 6`s planning staff meeting and supports approval of the CUP for the project. Staff previously met with the DNR Hydrologist and the County Environmentalist to review the permits that are required for the proposed project. The City has received verbal approval of the required permits and an exception from the Army Corp. of Engineers for public utilities projects. Due to the technical nature of the project, the City Engineer will provide additional explanation of the project at the meeting. Conclusion: Staff recommends approval of the conditional use permit, subject to the stated findings in the draft resclution. • 1 IO (d 5 November 22, 2006 City of Hutchinson Public Works Department Maintenance Operations 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234 -4219 Fax (320) 234 -6971 To: Honorable Mayor and City Council members From: John Olson, Public Works Superintendent Subject: Airport Hangar Lease Policy Prior to construction of a public hangar this fall, public hangar space had not been constructed since 1988. Airport Commissioners have spent considerable time and effort evaluating the current policy. The Airport Commission understands there will be several hangar transactions in the near future, once the 8- unit T -hangar is completed late this year or early next year. Their desire was to model the Hutchinson policy after those common at other airports by making several changes, including: • 1) Available hangars will first be offered to existing hangar tenants. 2) If no existing hangar tenants take the available hangar, the hangar will be offered to people on the waiting list. 3) If no one on the waiting list takes the available hangar, the hangar will be offered to the public. 4) Once a tenant leases a hangar, their name will be removed from the waiting list. They may reapply for placement on the waiting list if they desire to have two hangars. 5) There will be one waiting list for all parties interested in obtaining hangar space at Hutchinson. The in -town and higher out -of -town lease rates will remain intact. • These changes to the policy should make management of the waiting list simpler, more efficient and the waiting list will be a more true indication of the need for additional hangar space in the future. The Airport Commission unanimously recommended approval of this policy at their November 16, 2006 meeting. �cd� AIRPORT HANGAR LEASING POLICY The City of Hutchinson is responsible for management, general operations, maintenance and repair of Hutchinson Municipal Airport — Ken Butler Field. The City of Hutchinson has constructed, at Federal, State and City expense, a series of aircraft storage hangars that are available for lease to house aircraft. There are not sufficient hangars to accommodate all who wish to lease hangars. Therefore, the City desires to establish a policy governing the offering of available hangars for lease to interested parties. To assist with management of the Airport, the City has established an Airport Commission and the City Council has delegated the duties and responsibilities outlined in this policy to the Airport Commission. When the Airport Commission is unable to perform described duties and responsibilities, the duties and responsibilities revert to the City Council. Disclaimer. This policy describes intended procedures for offering available hangar space for lease. The City Council and/or Airport Commission may deviate from this policy at any time to offer available hangar space in a manner deemed most beneficial to the Airport or City. Leases for available hangar space are made only by the Airport Commission. Lease agreements are valid only after having been approved by the Airport Commission. The City Council has final authority on any matter relating to this policy. Special Use Hangars The City may designate certain hangars for special use. Generally, these hangars are not charged lease rates or are charged reduced lease rates. Tenants of special use hangars are not eligible to accept available hangar space without approval and then must enter into a paying lease agreement at full rates. The vacated hangar then becomes available to others. . Available Hangar Space. Hangar space usually becomes available when an existing hangar tenant voluntarily terminates their lease with the City. Available hangar space can also result from eviction of an existing tenant, either for non - compliance with the lease agreement or by other action of the City deemed to be in the best interest of the Airport or City. All available hangar space will be reported to the Airport Manager and the Airport Commission Chair. Written notice of available hangar space will be posted in a prominent place or places at the Airport. Available hangar space will be first offered to existing hangar tenants, then to persons or entities on the waiting list, and finally to the general public. The Airport Manager may, at his/her discretion, use the available hangar space for any municipal purpose or may offer any available hangar for short-term rental from the time it is vacated until it is leased by another tenant, Existine Hangar Tenants. No tenant may lease more than two hangars without permission from the Airport Commission. Specific authorization granted by the Airport Commission for more than two hangars may not exceed one year. Existing hangar tenants shall have first priority to move into available hangar space. Upon posting notice of a vacancy, existing hangar tenants will have until the next Airport Commission meeting to make application for the available hangar. If notice of the vacancy is posted less than one week prior to the next Airport Commission meeting, the deadline will then be the following Airport Commission meeting. The Airport Commission will review all applications for available hangar space at their next regularly scheduled meeting or at an advertised meeting open to the public. (' w) Should more than one existing hangar tenant make application for the same available hangar space, priority will be given to the existing tenant with the longest lease relationship with the Airport. If longevity prioritization is unable to be determined, the Airport Commission will determine an appropriate manner for selection, considering the best interest of the Airport. Upon selection for the available hangar, existing hangar tenants must sign a lease document and provide all necessary documentation. The tenant must prepay one month lease rate on the new hangar before vacating their existing hangar. If prepayment is not made within two (2) weeks, the hangar will again be considered vacant. Tenants will have no more than two (2) weeks to move out of their old hangar into the new hangar. No Application from Existing Hangar Tenants. If no existing hangar tenant makes application to move to the available hangar space, the hangar is then considered to be available to persons or entities whose names appear on the hangar waiting list maintained by the City. Waiting List. The City maintains a waiting list for applicants. It is the City's intent to use the waiting list to determine eligibility for available hangar space. The City reserves the right to establish procedures other than those described herein they deem necessary and beneficial to Airport operations. Applicants for the waiting list may be individuals, corporations, flying clubs, non -profit organizations, and entities other than private individuals. Names are added to the waiting lists when applicants notify the City of Hutchinson of their desire to be placed on a waiting list, provide contact information, other required information and pay a refundable deposit established by the City of Hutchinson. • Applicants may identify their preference for the type of hangar they will consider. Applicants may indicate they prefer only being notified of available enclosed hangar space, open hangar space, or either,' type of space. Names are removed from waiting lists once applicants lease a hangar and the applicant's refundable deposit is applied to initial lease rates. Names are removed from the list when applicants voluntarily withdraw their names and receive refund of the required deposit. Names are removed when a person/entity refuses to rent a hangar three consecutive times, except as noted, applicants may identify with their application to the waiting list their desire for specific types of hangar space. Names may also be removed and deposits refunded by action of the City Council for any reason deemed to be in the best interest of the Airport or the City. Existing hangar tenants with one hangar are eligible to reapply to be on a waiting list as soon as they lease their fast hangar. Upon leasing a hangar, tenants desiring a second hangar will be required to reapply to be on a waiting list. Upon application, their name will be listed on the waiting list by the date of their reapplication, not their original date of application. Once a tenant has two hangars, they are ineligible to reapply for placement on a waiting list. Waiting List Prioritization. Applicants are listed on waiting lists in ascending order by the date on which their application was made. Priority is generally given to the person/entity whose name has been on a waiting list the longest time. Offering Available Hangar Space to the Persons/Entities on the Waiting Lists. In priority order, by • date of application, persons or entities on the waiting list will be offered available hangar space fitting their identified preference. (, W) • Reasonable attempts will be made by City staff to contact applicants, using contact information supplied by the applicant. If no answer is received within one week, City staff may contact the next appropriate applicants down the priority list. Applications for available hangar space are made to the Airport Commission. The Airport Commission will review applications from waiting list applicants at their next regularly scheduled or advertised meeting open to the public. The Airport Commission may accept or deny the application. This process will continue until the available hangar space is leased, or until the names on the resident/property owner list are exhausted. No Application from Waiting List Applicants. If no waiting list applicants lease the available hangar space, the hangar is then considered available to the public. Offering Available Hangar Space to the Public. The Airport Manager will advertise the available hangar to the general public in any manner deemed reasonable. The Airport Manager may offer the hangar to any person or entity able to comply with lease provisions. The Airport Commission may authorize an incentive reduction to lease rates for the available hangar, provided the lease rate does not drop below seventy-five percent (75 %) of the existing lease rates for comparable hangar space and provided that offer does not last more than one year. As a last resort, the City Council may authorize leasing hangar space for uses other than aircraft storage on a month -by -month basis until the hangar is able to be used in a manner complying with the standard hangar lease agreement. • Rules and Regulations. All persons and entities on waiting lists shall comply with rules and regulations established by the City of Hutchinson and other government agencies with jurisdiction over airport operations. Failure to comply with rules and regulations may include, but not be limited to, forfeiture of the privilege of remaining on the waiting lists. No Property Right. Nothing in this policy shall be construed as creating any property right, under any State or Federal law, by any individual or entity applicant by virtue of inclusion on or exclusion from any waiting lists or offerings for hangar space at the Hutchinson Municipal Airport — Ken Butler Field. • • • C November 22, 2006 City of Hutchinson Public Works Department Maintenance Operations 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 2344219 Fax (320) 234 -6971 To: Honorable Mayor and City Council members From: John Olson, Public Works Superintendent Subject: Lease with Life Link III Attached is a one -year extension of the lease with Life Link III. New to the lease are the following provisions: 1) Term is one year. 2) Life Link III will install a concrete pad for their aircraft before May 31, 2007 3) An electrical service comtections will be made to the concrete pad 4) Life Link III may install aircraft monitoring devices on airport property ht discussions with the Airport Commission, Life Link III has indicated they are happy with the facilities and performance in Hutchinson and would intend to be housed in a more permanent location in the near future. (' (" P-) • LEASE AGREEMENT BETWEEN CITY OF HUTCHINSON AND LIFE LINK III MOBILE INTENSIVE CARE SERVICES This agreement, made this 28'" day of November, 2006, by and between the CITY OF HUTCHINSON (the "City ") and Life Link III Mobile Intensive Care Services (the "tenant "), is for the purpose of outlining the rights and responsibilities of the parties to this Agreement. The parties to this Agreement do agree as follows: Lease of airport property: The tenant leases from the City a lot and spaces appropriate for the placement of a temporary office trailer, a concrete pad with electrical connection to be installed by May 31, 2007 and necessary aircraft monitoring equipment. The lot being described on a map located at the City Public Works Department office.. The lot is situated upon the Hutchinson Municipal Airport, Butler Field, an airport owned by the City. The lot is leased together with land and any improvements that may have been placed on it. The lot is described in an attachment to, and a part of, this Agreement. 2. Use of the airport: The tenant has the privilege of using public portions of the airport in common with other users. Use of the airport by the tenant is subject the rules and conditions as row exist or may be enacte: in the future by the Federal, State or City governments. -The - tenant is subject to customary charges for such use as may be established from time to time by the Federal, State or City governments. Use of space at the airport that is under lease to tenants other than Life Link III requires separate agreement between Life Link III and the other tenant. 3. Term of this agreement: The term of this lease is one year. The terms of this agreement begin the date on which this agreement has been signed and approved by the City Council. • 4. Lease payments: The tenant agrees to pay to the City: A sum of $0.25 per square foot, payable annually, as determined by the dimensions of the temporary trailer and concrete pad, assumed by agreement to be 1,800 square feet. Lease payments for the duration of the lease are due upon execution of the lease. The tenant shall pay $450 upon execution of the lease. The lease payment shall not be refundable. The City reserves the right to negotiate or amend rates related to this lease. Rate revisions shall be reasonable and uniform as compared with other fees and rents charged at the City's airport. The City shall give rate revisions due regard to the value of the property leased, the improvements used, and the expense to the City of the tenant's operations. Rate revisions shall be adopted by the City Council. 5. Placement of trailer on leased property: A) The tenant agrees that the trailer and appurtenances shall be placed and maintained at no cost to the City. In the event the trailer is moved or falls into disrepair or disuse during the terms of this agreement, the City may terminate the lease without further obligation to the tenant. B) Any trailer placed upon leased property shall be constructed and maintained in compliance with applicable building codes. The trailer and any attachments and appurtenances thereto, excluding publicly accessible apron, ramps, parking areas, and driveways up to and associated with the hangar, shall be considered as being located entirely upon the leased premises. • (, (0- • C) Tenant shall ensure the trailer conforms to design standards described by the City. These design standards may include, but are not limited to, color, style, size, signs and placards, and other aesthetic requirements; as well as engineering requirements including, placement of the trailer upon the lot, drainage considerations, apron or approach design standards, prescribed floor elevations, placement of utility services, and firewalls. Construction and significant improvements may not begin before receiving written authority from the City. D) The tenant shall obtain the necessary regulatory authority and permits from the City. Placement of and modifications to the trailer and construction of associated utilities shall be in a good and workmanlike manner and shall be in compliance with codes, ordinances, and other regulations applicable to the City and Hutchinson Municipal Airport. E) Prior to modification of the trailer now existing on leased property, the tenant shall furnish to the City, for review and approval, the plans for the building, and provide the estimated cost of completing the building. The tenant shall not be eligible to receive the damage deposit of $500.00 until the lease is terminated and satisfactory restoration ofihe lot and associated utility construction is completed. A list of conditions for required appurtenances and satisfactory restoration are attached and made a part of this agreement. F) During placement of or modification to the trailer, the tenant and /or tenant's contractor shall provide a certificate of insurance showing liability limits in an amount acceptable to the City and shall name the City as an additional insured. The City must approve insurance coverage before any modification or construction begins. The tenant and /or tenant's contractor shall protect the City from liability to persons or • property for damages arising out of the construction or customary use of the building prior to obtaining an occupancy permit from the City. G) Tenants shall pay the entire cost of such modification or construction, and shall pay the entire cost of utility services and other services for the trailer. The tenant shall pay all site improvement costs not provided by the City, including but not limited to, filling, grading, gravel, bituminous, concrete, utility installations, and any other improvements required to properly place the trailer on the leased property. H) The tenant is required to connect to water and sewer utilities on the premises. The tenant shall pay $360 for water and sewer utility services upon execution of this agreement. The water and sewer service charge shall be for the entire duration of the lease and shall not be refundable upon termination of the lease. 6. Use and maintenance of leased property: Tenant, at their own cost and expense, shall take good care of the leased property and any facilities placed thereon. A) Any trailer placed shall be used primarily for the conduct of mobile intensive care services. Use of the premises for purposes other than those described herein shall be described in writing and be approved by the City. Uses other than those described herein that are not approved by the City shall constitute a default on the tenant's part. `,f' () • B) Tenants shall keep and maintain the property in good order and repair and in a clean and neat condition. Tenants shall not permit any waste or nuisance on the leased property nor permit anything on the leased property to interfere with the rights of other tenants of the City or users of the airport. In the event the property is not properly maintained, the City may, after notifying the tenant, cause the property to be maintained. The costs of maintenance and an administrative fee will be billed to the tenant and become their responsibility. Unpaid billings constitute a default. B) Tenants may not store any property outside the building, except for property commonly stored outdoors, including but not limited to refuse containers, liquid petroleum tanks, etc., provided such property is properly secured. C) The cost for customary maintenance routinely performed by the City, related to areas affecting the value or use of leased properties are included in the lease costs charged for the property, including snow removal, grounds maintenance and maintenance of public apron areas. D) The City performs snow removal throughout the City on a priority basis. The City reserves the right to perform snow removal functions irrwhatcvcr ma ne It deerrs necessary. The City intends to provide service up to a reasonable and safe distance from the tenant's premises. In any case, snow removal immediately adjacent to the tenant's premises is the tenant's responsibility. The City is not required to perform any snow removal function on leased property, but may plow snow on or adjacent to leased properties to expedite other snow removal operations at the airport. E) Mowing and weed control immediately adjacent to the tenant's premises are the • tenant's responsibility. The City reserves the right to perform mowing and weed control functions in whatever manner it deems necessary. The City intends to provide service up to a reasonable and safe distance from the tenant's premises. The City may mow or perform weed control on or adjacent to leased properties to expedite other maintenance operations. F) The City shall establish the standards by which public apron, ramp areas, and other paved surfaces are maintained. The City intends to provide service up to a reasonable and safe distance from the tenant's premises. In any case, the tenant is responsible for maintaining ramp areas and other paved surfaces immediately adjacent to the tenant's premises. G) The tenant must allow the City to access to the premises for the purpose of conducting inspections of the premises to determine whether the tenant is complying with the provisions of this agreement. The occupant may be a party to any compliance inspection, and the City is required to notify the occupant, under Section 15 of this agreement, and make reasonable accommodation to the tenant before conducting compliance inspections. 7. Taxes, assessments, and other charges: A) In addition to other charges identified in this agreement, the tenant shall pay any taxes, assessments, licenses, fees, or other charges that may be levied or assessed upon the tenant's business, property or premises, or as a result of any activity of the tenant. If the City incurs costs on the tenant's behalf, those costs shall be billed to the tenant. Upon request by the City, the tenant shall provide proof of such payment. • (0 (Z) • B) The tenant shall establish their own accounts for utilities, and pay all rates and charges for any utility used or consumed in connection with gr in the leased property during the term of this agreement. The tenant shall install an appropriate electrical meter and pay billings for electrical service prepared by the City, based upon rates paid to the electrical service provider by the City. Upon request by the City, the tenant shall provide proof of such payment. C) In the event the tenant fails to pay the lease payments, taxes, assessments, fees, or other charges due, the City shall notify the tenant of the default. If the tenant fails to cure such default, the City shall have the right to terminate this lease in accordance with section 8 of this Agreement. 8. Termination provisions: A) At the termination of this lease the tenant has the privilege of removing the trailer and associated properties placed upon the leased lot. The tenant shall obtain all required permitsand rcgula' ,)Z, authorf y. The tenant shall hay; e a p °riod of thirty days (30 days) from the termination date to remove property. In the event the tenant cannot complete the removal within thirty days (30 days), the City may grant a reasonable extension of time, if the tenant can demonstrate the reasons for failure to remove property within the thirty-day (30 day) period are beyond the control of the tenant. If the tenant does not remove the property within the period granted by the City, the City may retain ownership of the building and property for any municipal purpose or otherwise cause the building to be removed at the tenant's expense. • B) If the leased premises becomes deserted, abandoned or vacated, the City may terminate the lease. If the tenant's interest in the property is taken by process of law, the City may terminate the lease. If the buildings or properties on the premises are destroyed, the City or tenant shall have the right to terminate this agreement upon giving written notice, with response, to the other party. C) Should the tenant default in the performance of any terms, conditions or covenants of this agreement not otherwise specified, and should the default continue for a period of more than thirty (30) days after the City serves the tenant with written notice, the City may terminate the lease. Serving the tenant with written notice includes reasonable attempts by the City to contact the tenant, and may include use of certified mail with return receipt and /or personal service. This may be done with or without terminating this agreement and without prejudice to any other remedy for; lease payments or breach of covenant. In any such event the City may terminate this agreement by giving written notice of the termination. The rights and remedies' given to the City are, and shall be deemed to be, cumulative, and the exercise of one shall not be deemed to be an election excluding the exercise by the City at any other or different time of a different or inconsistent remedy. Penalties described in the current approved version of Hutchinson Municipal Airport — Minimum Standards for Aeronautical Activity may also be imposed as described. D) Should the leased property be declared condemned, either because the airport is closed to the public, or the property is needed for another municipal purpose, the City shall reimburse the tenant for all lease payments received from time the lease was signed until the property is vacated. The City shall provide the tenant with at least ninety-days (90 days) notice of such action. • (, CO \J C� • 9.11-lablllty provisions: A) The tenant agrees to defend, indemnify and hold harmless, including reasonable attorneys' fees, the City and all its agents and employees from any and all claims, demands, actions or causes of action of whatever nature or for loss of or damage to property or injury to persons occurring on or about the above described premises arising out of or by reason of the execution or the performance of the services provided in accordance with this agreement. The City shall not be liable to any extent for, nor will the tenant make any claim against the City for or on account of any injury, loss or damage resulting from the tenant's property or use thereof, Including any claims by third parties. B) The tenant shall obtain and keep current a liability insurance policy with the City as a named additional insured and shall be in a form acceptable to the City. Inability to keep adequate insurance coverage shall be considered a default. At a minimum, the tenant shall provide Airport General Liability: $500,000 Combined Single Limit including $100,000 per person, and Products Liability: $500,000 Combined Single Limit $100,000 per person. C) The tenant shall obtain, and provide upon request verification of, all licensure requirements of the City of Hutchinson, State of Minnesota and/or the United States Government to legally conduct operations at Hutchinson Municipal Airport and to comply with this agreement. 10. Transferring, subletting, selling: The tenant shall not transfer, sublet or sell any interest in this agreement or in the improvements located on the property without first obtaining the written consent of the City. 11. Amendments: This agreement shall not be amended except by written document signed by all parties to this agreement. 12. Discrimination provision: The tenant, in the use of the Hutchinson Municipal Airport, shall not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, or national origin or in any manner prohibited by Part 21 of the Regulations of the Office of the United States Secretary of Transportation, and the tenant further agrees to comply with any requirement made to enforce such regulation which may be demanded of the City by the United States Government under authority of said Part 21. 13. Laws, rules and regulations: The tenant shall abide by and conform with all laws, rules, and regulations, including future amendments thereto, controlling or in any manner affecting the tenant relative to the use or occupancy of the tenant. 14. Venue for causes of action: The laws of the State of Minnesota shall govem this lease and the venue for any causes of action shall be McLeod County, Minnesota. (n (�) • 15. Notices: All notices under this agreement shall be sent to the following addresses. Tenant is responsible for notifying the City of mailing address changes. If to the City: City of Hutchinson Airport Manager Hutchinson Municipal Airport — Butler Field 111 Hassan St SE Hutchinson, MN 55350 \J If to the tenant: Andrew Kirchoff, RN, President & CEO Life Link III Mobile Intensive Care Services 3010 Broadway St NE Minneapolis, MN 55350 CITY OF HUTCHINSON: Dated: By: (Steve Cook, Mayor) Attest: (Gary D. Plotz, City Administrator) TENANT: Dated: By: (Tenant) Andrew Kirchoff, RN 6 Required installations by tenant • 1) Trailer to house office space and quarters, with restrooms 2) Concrete pad for vehicles and equipment used to transport helicopter 3) Electrical hookup for helicopter by construction of an underground connection Restoration of the site upon termination of use shall include: 1) Trailer must be completely removed from the premises within the time prescribed in the lease. 2) Capping the sewer service at approximately one inch below grade with a metal cap so it can be located using a magnetic locator. 3) Water service shall be restored by installing an appropriate freeze- protected water hydrant at a minimum height of 32° 4) Removal of all footings, foundation work or o--her material- ;,laced ender or at radc. 5) Topsoil shall be restored to a smooth grade, similar to the original condition. Sod is not required. Appropriate grass seed shall be placed upon restoration of the topsoil and grade. 6) Removal of all temporary utility connections and restoration of Electrical Distribution Building to its original condition, including, but not limited to, removing all stored items and sealing holes that were drilled in the building. . 7) Other items identified by airport management as being required to reasonably restore the site to its original condition. • • 1 RESOLUTION NO. 13059 RESOLUTION AUTHORIZING TOWING COMPANIES TO PROVIDE TOWING SERVICES FOR THE CITY OF HUTCHINSON WHEREAS, from time to time it becomes necessary for Hutchinson Police Services, the Hutchinson Public Works Department and other departments to have vehicles towed because of accidents, snow removal and other public safety reasons; and, WHEREAS, the City of Hutchinson has had an exclusive contract with the same towing company for the past six years; and, WHEREAS, due to the increase of the number of vehicles in the city on a daily basis, there is a need to have more than one towing company providing towing services to continue to clear vehicles from accident scenes and in other situations efficiently; and, WHEREAS, multiple towing companies have expressed interest in providing towing services for the city, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF • HUTCHINSON: I That the current towing contract that the City of Hutchinson has will not be renewed and will expire by its terms on December 31, 2006. 2. That persons or companies interested in providing towing services for the City of Hutchinson shall contact the Director of Police/Emergency Services or his/her designee to be placed on a call list of individuals or companies providing towing services for the City of Hutchinson. 3. Those individuals wishing to be placed on the towing call list for the City of Hutchinson shall submit all required paperwork in satisfactory form to the Director of Police/Emergency Services for the City of Hutchinson by December 15, 2006, and by the 15' day of December every year thereafter. The effective dates for the towing call list shall be from January I — December 31 of each year. 4. The individuals or companies wishing to provide towing services for the City of Hutchinson shall be placed on the list of qualified towing providers subject to the following conditions: A. All towing providers shall have in full force and affect a comprehensive general liability insurance policy insuring against liability imposed by law for bodily injury or death, in the sum of $500,000 for any one person and in the sum of $500,000 for two or more persons for the same occurrence, and for damages in the sum of $500,000 or $500,000 combined single limit. • 9 C4 B. All towing providers shall have in full force and affect all workers' compensation insurance and employer's liability insurance as required by • law. C. All towing providers shall have in full force and affect automobile liability and property damage insurance, including coverage for non -owned and hired vehicles, and limits as for comprehensive general liability coverage above. D. All towing providers shall have in full force and affect garage- keepers liability coverage of at least $25,000. E. The City of Hutchinson shall be named an additional insured on all insurance policies required by this resolution and that coverage may not be terminated or changed by the insurer except upon ten days written notice to the City Administrator. F. No insurance policy shall contain any provisions for exclusions from liability other than provisions for exclusion from liability forming part of the standard basic unamended and unendorsed form of policy, except that no exclusion will be permitted in the event if it conflicts with a coverage expressly required by this resolution, and in addition, no policy shall contain an exclusion from bodily injury to or sickness, disease or death of the employee of the towing provider which would conflict with or in any way impair coverage under the contractual liability endorsement of the liability of the towing provider for this resolution. G. All endorsements shall apply to both bodily injury or death and property damage coverage. • H. Prior to the towing provider being placed on the call list, the provider shall furnish to the City certificates or copies of these policies of insurance, approved by the City Administrator, showing that such insurance is in force. I. All towing service operators and their employees shall have all licenses required by the State and Federal government, including having Department of Transportation health cards on file with Hutchinson Polio Services and a form E filing with the State of Minnesota. J. By requesting to be placed on the call list, the towing provider agrees th4t it shall indemnify and hold harmless the City and its officers, agents and employees from and against all claims, damages, losses or expenses, ! including attorneys' fees, which may be suffered for or which they may be held liable, arising out of or resulting from the assertion against them of any claims, debts, or obligations in consequence of the performances of this agreement by the towing provider, their employees, agents, or subcontractors, whether or not caused in part by a party to be indemnified under the terms of this resolution. K. All towing operators shall have access to a fenced, secure impound lot within two miles of the City of Hutchinson available for vehicle storage. Operators must be able to release vehicles to their proper owners (upon payment of applicable fees) at least between the hours of 8:00 a.m. — 5:00 p.m. seven days a week. Any vehicle impounded at the direction of the City of Hutchinson shall not • be released unless so ordered by the City Administrator or Hutchinson Police Services. During the time the vehicle is impounded the towing g(a) qL0- operator shall not permit the owner or any other person to take or remove from the vehicle any parts or change or repair any parts.. • Any vehicle directed to be impounded, from the time it is taken possession of by the towing provider and during the time it is impounded, and until it is reclaimed, shall be considered to be in the custody of the law, and no work shall be done on it by the towing provider, nor shall the towing provider permit anyone to do any work on it until the car has been reclaimed. All cars when ordered released by the City Administrator or Police Department shall be released to the owner without other charge than the impounding and storage fees. The towing provider during the time the vehicle is impounded shall not permit the owner or any other person to take or remove from the vehicle any parts or change or repair any parts. All vehicles which have been involved in criminal proceedings, and which are designated by the Police Department as being held for that reason, shall be held and stored inside garages or on the designated fenced -in storage area. L. The City shall have the right to remove a towing provider from the call list in the event that the towing provider fails to fulfill the requirements of this resolution necessary to be on the call list. M. All towing services shall be conducted with equipment and personnel which are adequate to ensure the satisfactory towing of vehicles under all adverse conditions of weather, breakdown and similar hindrances, which on other work might be regarded as "acts of providence" and do not relieve the towing provider of the responsibility for carrying out the work. • N. The Director of Police/Emergency Services may implement a maximum response time for towing providers to respond to a call for service. If such a requirement is imposed and the towing provider fails to respond in a timely manner, a different towing provider may be contacted to provide the requested service. O. The Director of Police/Emergency Services is authorized to implement other regulations and procedures which will promote efficiency for towing services in the City of Hutchinson while at the same time giving operators on the call list a fair and equitable opportunity to provide towing services within the City of Hutchinson. P. The towing providers agree to comply with administrative procedures as may be set forth by the City Administrator and/or the Director of Police/Emergency Services or their designees. Adopted by the City Council this day of 2006. Steven W. Cook Mayor ATTEST: • Gary D. Plotz City Administrator qL0- • RESOLUTION NO. 13059 RESOLUTION AUTHORIZING TOWING COMPANIES TO PROVIDE TOWING SERVICES FOR THE CITY OF HUTCHINSON WHEREAS, from time to time it becomes necessary for Hutchinson Police Services, the Hutchinson Public Works Department and other departments to have vehicles towed because of accidents, snow removal and other public safety reasons; and, WHEREAS, the City of Hutchinson has had an exclusive contract with the same towing company for the past six years; and, WHEREAS, due to the increase of the number of vehicles in the city on a daily basis, there is a need to have more than one towing company providing towing services to continue to clear vehicles from accident scenes and in other situations efficiently; and, WHEREAS, multiple towing companies have expressed interest in providing towing services for the city, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF . HUTCHINSON: 1. That the current towing contract that the City of Hutchinson has will not be renewed and will expire by its terms on December 31, 2006. 2. That persons or companies interested in providing towing services for the City of Hutchinson shall contact the Director of Police/Emergency Services or his/her designee to be placed on a call list of individuals or companies providing towing services for the City of Hutchinson. 3. Those individuals wishing to be placed on the towing call list for the City of Hutchinson shall submit all required paperwork in satisfactory form to the Director of Police/EmerFency Services for the City of Hutchinson by December 15, 2006, and by the 15 day of December every year thereafter. The effective dates for the towing call list shall be from January I — December 31 of each year. 4. The individuals or companies wishing to provide towing services for the City of Hutchinson shall be placed on the list of qualified towing providers subject to the following conditions: A. All towing providers shall have in full force and affect a comprehensive general liability insurance policy insuring against liability imposed by law for bodily injury or death, in the sum of $500,000 for any one person and in the sum of $500,000 for two or more persons for the same occurrence, and for damages in the sum of $500,000 or $500,000 combined single • limit. �(a)04)L'CC4 B. All towing providers shall have in full force and affect all workers' compensation insurance and employer's liability insurance as required by • law. C. All towing providers shall have in full force and affect automobile liability and property damage insurance, including coverage for non -owned and hired vehicles, and limits as for comprehensive general liability coverage above. D. All towing providers shall have in full force and affect garage - keepers liability coverage of at least $25,000. E. The City of Hutchinson shall be named an additional insured on all insurance policies required by this resolution and that coverage may not be terminated or changed by the insurer except upon ten days written notice to the City Administrator. F. No insurance policy shall contain any provisions for exclusions from liability other than provisions for exclusion from liability forming part of the standard basic unamended and unendorsed form of policy, except that no exclusion will be permitted in the event if it conflicts with a coverage expressly required by this resolution, and in addition, no policy shall contain an exclusion from bodily injury to or sickness, disease or death of the employee of the towing provider which would conflict with or in any way impair coverage under the contractual liability endorsement of the liability of the towing provider for this resolution. G. All endorsements shall apply to both bodily injury or death and property damage coverage. • H. Prior to the towing provider being placed on the call list, the provider shall furnish to the City certificates or copies of these policies of insurance, approved by the City Administrator, showing that such insurance is in force. 1. All towing service operators and their employees shall have all licenses required by the State and Federal government, including having Department of Transportation health cards on file with Hutchinson Police Services and a form E filing with the State of Minnesota. J. By requesting to be placed on the call list, the towing provider agrees that it shall indemnify and hold harmless the City and its officers, agents and employees from and against all claims, damages, losses or expenses, including attorneys' fees, which may be suffered for or which they may be held liable, arising out of or resulting from the assertion against them of any claims, debts, or obligations in consequence of the performances of this agreement by the towing provider, their employees, agents, or subcontractors, whether or not caused in part by a party to be indemnified under the terms of this resolution. K. All towing operators shall have access to a fenced, secure impound lot within two miles of the City of Hutchinson available for vehicle storage. Operators must be able to release vehicles to their proper owners (upon payment of applicable fees) at least between the hours of 8:00 a.m. — 5:00 p.m. seven days a week. • Any vehicle impounded at the direction of the City of Hutchinson shall not be released unless so ordered by the City Administrator or Hutchinson Police Services. During the time the vehicle is impounded the towing operator shall not permit the owner or any other person to take or remove from the vehicle any parts or change or repair any parts. • Any vehicle directed to be impounded, from the time it is taken possession of by the towing provider and during the time it is impounded, and until it is reclaimed, shall be considered to be in the custody of the law, and no work shall be done on it by the towing provider, nor shall the towing provider permit anyone to do any work on it until the car has been reclaimed. All cars when ordered released by the City Administrator or Police Department shall be released to the owner without other charge than the impounding and storage fees. The towing provider during the time the vehicle is impounded shall not permit the owner or any other person to take or remove from the vehicle any parts or change or repair any parts. All vehicles which have been involved in criminal proceedings, and which are designated by the Police Department as being held for that reason, shall be held and stored inside garages or on the designated fenced -in storage area. L. The City shall have the right to remove a towing provider from the call list in the event that the towing provider fails to fulfill the requirements of this resolution necessary to be on the call list. M. All towing services shall be conducted with equipment and personnel which are adequate to ensure the satisfactory towing of vehicles under all adverse conditions of weather, breakdown and similar hindrances, which on other work might be regarded as "acts of providence" and do not relieve the towing provider of the responsibility for carrying out the work. • N. The Director of Police/Emergency Services may implement a maximum response time for towing providers to respond to a call for service. If such a requirement is imposed and the towing provider fails to respond in a timely manner, a different towing provider may be contacted to provide the requested service. O. The Director of Police/Emergency Services is authorized to implement other regulations and procedures which will promote efficiency for towing services in the City of Hutchinson while at the same time giving operators on the call list a fair and equitable opportunity to provide towing services within the City of Hutchinson. P. The towing providers agree to comply with administrative procedures as may be set forth by the City Administrator and/or the Director of Police/Emergency Services or their designees. Q. All towing providers must agree to maintain proper records of all vehicle received. The record keeping system shall meet the approval of the Hutchinson Police Chief and records are to be available at all times for inspection by authorized City officials. The records must include a copy of the police impounding report. A report shall be submitted monthly to the Director of Police/Emergency Services detailing all vehicles stored or released during that current month. All contents of such reports shall meet the approval of the Hutchinson Chief of Police. The initial report from any towing provider will include their towing • services price list and the towing provider shall notify the Director of Police/Emergency Services within 10 days of any pricing changes. R. This Resolution may be rescinded and any towing services program derived from it shall be cancelled at any time without notice for any reason. Towing providers operating under this Resolution expressly • waive all claims and agree to hold the City harmless for such cancellation. Adopted by the City Council this day of 2006. Steven W. Cook Mayor ATTEST: Gary D. Plotz City Administrator • • r • CITY OF HUTCHINSON, MINNESOTA CAR IMPOUNDING CONTRACT AGREEMENT made as of January 1, 2000, between Modern Mazda, hereinafter referred to as "Contractor," and the City of Hutchinson, hereinafter referred to as "City." The City and the Contractor agree as follows: 1.1 The Contractor agrees to remove, impound, and transport or tow to storage facilities large enough to accommodate at least 24 automobiles, at Hutchinson, Minnesota, from January 1, 2000 to December 31, 2001, all stolen, abandoned, damaged or illegally parked automobiles found in the public streets or elsewhere, as a 24 -hour per day service, in the City of Hutchinson, and to care for and store all such cars when requested by the Police Department, and to preserve and deliver them to the owners or persons entitled to the possession of them upon payment of towing and storage fees, all in accordance with the • provisions of the City ordinances. In all cases where the Contractor shall fail to respond to any call for tow trucks within 30 minutes, the City shall have the right to call other parties to perform such services and the Contractor agrees to pay any additional cost over and above the contract price. i 1.2 This agreement shall take effect January 1, 2000, and shall continue in effect until Decenber 31, 2001, subject to termination of either party by notice in writing to the other on or b4ore December 1, or any year, effective as of December 31 of that year. 1.3 The Contractor shall provide a fenced -in storage area for impounded vehicles of not less than 7,500 square feet. Towing charges shall be divided into three types as follows: Type I - All tows which involve a vehicle which is on or immediately adjacent to a public street or alley and which can be secured for towing with the usual type of winching. Tyne II - All tows which involved a vehicle which is not on or immediately adjacent to a public street or alley and which required an unusual amount of winching to secure it for • towing by one tow truck. 9c� • Type U1- All tows which involved a vehicle that requires, and for which a specific request has been made, two or more tow trucks. The designed charge and type of tow performed shall be made by the duly authorized agent of the City. Any disagreement with this designation shall be made in writing to the City Administrator within 24 hours. The following flat charge shall be made for each tow: From 7:00 a.m. to 6:00 p.m. $ 5.00 From 6:00 p.m. to 7:00 a.m. or after 1:00 p.m. on Saturdays, Sundays and Holidays $15.00 Police Department Vehicles I N.C. Vehicles Impounded for Evidence Purposes $15.00 2.2 Type II To • From 7:00 a.m. to 6:00 p.m. $10.00 (Per Hour or Fraction Thereof) From 6:00 p.m. to 7:00 a.m. $16.00 (Per Hour or Fraction Thereof) LL. is From 7:00 a.m. to 6:00 p.m. $10.00 (Per Hour or Fraction Thereof) From 6:00 p.m. to 7:00 a.m. $16.00 (Per Hour or Fraction Thereof) 2.4 The applicable rates for each tow shall be based upon the time the tow is requested by the City. 2.5 Use of Doll v - In the event it shall be necessary to use a dolly in connection with any tow, no charge shall be added to the towing charge. • 2 qCO- • 2.6 Storage Char e - A charge of $2.00 shall be added for the first 24 hours or less of storage, and $3.00 for each day thereafter, payable by the vehicle owner or operator to the Contractor. 111Y • + •►Y :ail•: 3.1 The Contractor further agrees to pay all persons furnishing labor, supplies, equipment, space or material to the Contractor in and about the performance of this contract, these persons to be paid first out of the amount due the Contractor, its agents or assigns. 3.2 The Contractor shall take immediate possession of any vehicle duly ordered impounded and shall tow such vehicle to the impounding place. No such vehicle shall be released without authorization by the City Administrator or Chief of Police. 3.3 Where a police officer has tagged a vehicle to b^ impounded on account of a parking - — violation, and where the owner or operator appears before the tagged vehicle has been hooked to the tow truck and the wheels hoisted from the ground, the tow truck operator shall release the vehicle without the payment of any fee or towing charge. Where the tow truck operator has a tagged vehicle on the tow truck hoist and the wheels raised from the ground before the owner or operator appears, he shall release the vehicle • upon payment of a service fee not to exceed $3.00, and give a receipt for the payment. Where a request has been made by the Police Department for a tow truck at a specified location, and the make and license number of the vehicle to be removed has been designated and the owner or operator appears at any time after the wheels of the towed vehicle have been raised off the ground and requests permission to remove the vehicle before it is towed away, the operator shall release the vehicle upon payment of service fee of $5.00 and 4ive a receipt for such payment. I 3.4 The Contractor agrees to keep safely all impounded cars, accessories and personal proPerty. I 4. TOW TRUCK OPERATOR IDENTIFICATION CERTIFICATE The Chief of Police and the Contractor shall jointly require that every tow truck operator answering a request by the Police Department for the towing and impounding of any vehicle shall have in his possession an identification certificate, issued by the City Administrator. No person shall act as a tow truck operator in answering any request from the Police Department for the towing of any vehicle to be impounded without having in his possession such identification certificate, and the tow truck operator shall exhibit his identification card to the owner of the vehicle or his agent upon his request, and shall answer any questions pertaining to the impounding of the vehicle. • 3 gCa) AML mr 31 VIIJ91 1 R 1/ 31 i Any vehicle directed to be impounded, from the time it is taken possession of by the Contractor and during the time it is impounded, and until it is reclaimed, shall be considered to be in the custody of the law, and no work shall be done on it by the Contractor, nor shall he permit anyone to do any work on it until the car has been reclaimed. All cars when ordered released by the City Administrator or Police Department shall be released to the owner without other charge than the impounding and storage fees. The Contractor during the time the vehicle is impounded shall not permit the owner or any other person to take or remove from the vehicle any parts or change or repair any parts. All vehicles which have been involved in criminal proceedings, and which are designated by the Police Department as being held for that reason, shall be held and stored inside garages or on the designated fenced -in storage area. - A 1 :u At the time of return of the vehicle, the Contractor shall give a release in writing which shall state the date of such release together with the charges enumerated thereon and the purpose for which the charges were made. The release shall be made in one original and three copies, all of which shall be signed by the Contractor and the person to whom the release is made. The Contractor shall retain the original of the release and shall deliver one copy to the owner of the vehicle and two copies to the Police Department. WEEEFWTN-1 R pa I 1► :. 1 The Contractor agrees during the life of this contract not to discriminate against any employee or applicant for employment because of race, color, sex, creed, national origin, or ancestry. The Contractor will include a similar provision in all subcontracts entered into for the performance of this contract. This contract may be canceled or terminated by the City, and all money due or to become due hereunder may be forfeited for a second or subsequent violation of the terms or conditions of this paragraph. This paragraph is inserted in this contract to comply with the provisions of Minnesota Statutes Section 181.59. This contract shall not be in effect until the Contractor shall have executed and delivered to the City Administrator a performance bond executed by a corporate surety company authorized to do business in the State of Minnesota in the sum of Ten Thousand Dollars ($10,000) to secure the faithful performance of this contract by said Contractor conditioned that the Contractor shall well and truly perform and carry out the covenants, terms and 4 9ta)- • conditions of this agreement in strict accordance with its provisions. This contract shall be subjected to termination by the City at any time if said bond shall be canceled or the surety thereon relieved from liability because of failure to pay the premium or termination of the period of the bond without renewal thereof. MEMEMINFRITMILM The following insurance shall be taken out and maintained by the Contractor: 9.1 Comprehensive general liability insurance insuring against liability imposed by law for bodily injury or death, in the sum of $500,000 any one person and in the sum of $500,000 for two or more persons for the same occurrence, and for damages to property in the sum of $500,000 or $500,000 combined single limit. 9.2 Workman's compensation insurance and employer's liability insurance as required by law. 9.3 Automobile liability and property damage insurance, including coverage for non -owned and hired vehicles, in limits as for comprehensive general liability coverage above. 9.4 Garage keepers liability coverage of at least $25,000. • The City shall be named as an additional insured in these policies, which shall provide that the coverage may not be terminated or changed by the insurer except upon 10 days written notice to the City Administrator. Failure to comply with the provisions of this section shall automatically suspend the contract until the insurance has been reinstated. 1j All endorsements shall apply to both bodily injury or death and property damage cover�ge. Prior to the commencements of the contract, the Contractor shall furnish the City cert ificates or copies of these policies of insurance, approved by the City Administrator showing i'that such insurance is in force. No policy shall contain any provisions for exclusions from liability other than provisions for exclusion from liability forming part of the standard basic unamended and unendorsed form of policy, except that no exclusion will be permitted in any event if it conflicts with a coverage expressly required in this contract, and in addition, no policy shall contaim any exclusion from bodily injury to or sickness, disease, or death of any employee of the Contractor which would conflict with or in any way impair coverage under the contractual liability endorsement of the liability of the Contractor under this agreement. Ashk Mr � (90 • Compliance by the Contractor with the foregoing requirements to carry insurance and furnish certificates shall not relieve the Contractor from liability assumed under any provisions of this contract. UI 010 01 1 ► The Contractor shall indemnify and hold harmless the City and its officers, agents and employees from and against all claims, damages, losses or expenses, including attorney fees, which may be suffered or for which they may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performances of this agreement by the Contractor, his employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. MENSWINURFUIVI I► The City shall have the right to terminate this contract in the event of breach thereof by the Contractor, and a continuing breach shall not be deemed to be waived because not followed by prompt termination. This contract shall terminate, and neither party nor the officers of the City shall be liable for further performance after such termination, if it shall become invalid by reason of any present or future law other than an ordinance by the City. • The work shall be done with forces which are adequate to insure the satisfactory towing of vehicles under all adverse conditions of weather, breakdown and similar hindrances which on other work might be regarded as :`acts of providence," shall not apply to relieve the Contractor of responsibility for carrying out the work. Alk MW The Contractor agrees to comply with the administrative procedures as outlined by the City Administrator. The Contractor binds himself jointly and severally, his successors, executors, administrators and assigns to the City in respect to all covenants of this agreement, or subject as a whole, nor shall the Contractor assign any monies due, or to become due, without the City's written consent. Cd a(O ./. 1 : ul ►Y This agreement embodies the entire agreement between the parties including all prior understandings and agreements and may not be modified except in writing signed by all the parties. EXECUTED as of the day and year first above written. i1 U hxontract i CITY OF HUTCHINSON By: Mayor City AdministAtor MODERN MAZDA l�.7.�. �� _ ac) 0 E Alk w CITY OF HUTCHINSON NOTICE OF REQUEST FOR PROPOSAL TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES Proposal Release Date: Proposal Due Date: RFP Contact: Chief Dan Hatten Hutchinson Police Department 10 Franklin St. S. Hutchinson, MN 55350 (320) 587 -2242 �ca) ntroduction e City of Hutchinson, Minnesota, hereby issues a Request for Proposal for the intended purpose of retaining a service to provide Towing, Impounding and Storage of Motor Vehicles for the City 24 hours per day, 365 days per year, on an as needed and directed basis. Such direction is to be by the Chief of Police, the Fire Chief, the Director of Public Works and the Director of Planning and Zoning of the City of Hutchinson or their authorized and legal representatives. Interested parties in the Towing service business may submit a proposal for Towing, Impounding and Storage of Motor Vehicles services. Each proposal must be submitted in a sealed envelope. To be considered a valid proposal, all interested Towing service businesses must submit proposals consistent with the terms and conditions outlined herein or by P.M., A copy of the RFP may be received by contacting Chief Dan Hatten, Hutchinson Police Department, 10 Franklin Street South, Hutchinson, MN 55350. The contract for service shall commence on , _, and terminate on RFP Process and Limitations Prospective Towing service businesses please note that this is a request for proposal process and not a request for bids. The City of Hutchinson will take all factors into consideration when determining the appropriate service provider for Hutchinson. This RFP outlines minimum terms and conditions that must be met in order *0 be considered a viable proposal. Towing service businesses have the option of making a proposal that is above and beyond the minimum terms and conditions. There will be no public bid opening. This RFP does not commit the City of Hutchinson to award or pay any costs incurred in preparation of'a Towing service business's proposal. The City may modify any part of the RFP at any time prior to co tract selection. The City will modify the RFP only by issuing a written addendum. Addenda will be consecutively numbered in the order they are issued. The City reserves the right to reject all proposals. The City reserves the right to cancel this RFP if it is in the best interest of the City. The selection of this contract is contingent upon the approval of the Hutchinson City Council. I Any addenda issued by the City will be mailed to all that are specifically known by the City to have received an original RFP. The City is not responsible for a Towing service business who does not receive an addenda. Affik 1W Each Towing service business may supplement their proposal once in response to each addendum. Towing service businesses may also clarify their proposals in response to a written request by the City for supplemental information. The City will consider no other proposal supplements. All submissions by the Towing service business will become part of the selected Towing service business's contract with the City. 2 r *any proposal received after _ P.M., _ will not be considered and will be returned to the Towing service business unopened. Once the proposals are received by the City, Towing service businesses cannot modify or withdraw their proposal, unless directed by the City. All proposals become the property of the City of Hutchinson, and will be considered public information after a proposal has been selected. Towing service businesses may label certain sections as "Proprietary, "as allowed by the Minnesota Government Data Practices Act, and those sections will not be made public. RFP Questions and Contact Questions relative to the RFP contained herein should be directed to: Chief Dan Hatten Hutchinson Police Department If) Franklin St. South - -- Hutchinson, MN 55350 (320) 587 -2242 Requests for clarification(s) will be considered until ten (10) working days prior to proposal opening date. Terms and Conditions 01. In order to qualify for consideration under these terms and conditions, the potential contractor's proposal must state what satisfactory equipment the Towing service actually owns or is planning to rent at the time the proposal is submitted. The potential contractor must also have direct access to trained, available personnel at the time the proposal is submitted, in order to provide immediate and prompt service as ordered and requested by the authorized City officials. The qualifying of proposals to meet this will not be permitted, such as the acquisition of equipment being dependent upon proposal selection, etc. 2. The successful contractor must own or have available within a 10 -mile radius of the City of Hutchinson the following equipment as a minimum: A. To tow passenger vehicles, including cars, light trucks, vans, utility vehicles, 4x4's and motorcycles, one truck having a manufacturer's gross vehicle weight rating of 12,000 lbs., to be equipped with a crane and winch, and further equipped to control movement of the towed vehicle, and B. To tow vehicles of /< ton to 1 '/� ton capacity, one truck having a manufacturer's gross vehicle weight rating of 16,000 lbs., to be equipped with a crane and winch, and further equipped to control movement of the towed vehicle, and Adik C. One truck having a manufacturer's gross vehicle 'weight rating of 52,000 lbs., to be equipped M q CO- with a crane and winch, and further equipped to control movement of the towed vehicle, and D. Equipment sufficient and designed to move vehicles not amenable to towing or to move a completely demolished vehicle by means of dollies or low bed trailers. E. Equipment for 2 -way communications with Hutchinson Police Department Communications (Dispatch). A listing of all equipment to be utilized shall be submitted with the proposal. Such listing shall show the make and model of all equipment available for use under this contract, along with size and all other pertinent information, such as specialized equipment not necessarily herein specified, but which may be a factor in performing effectively and efficiently. All equipment to be used by the contractor under this contract shall be maintained in good repair and condition. The City reserves the right to inspect the equipment from time to time for the purpose of determining that equipment condition is in conformance with the terms and conditions of+hezcnt =act. 3. In order to be in consideration for proposal selection, all storage and parking lot facilities and all equipment to be used by the contractor under this contract must be located within a 10 -mile radius of the City of Hutchinson. The storage and parking lot facilities must meet all of the applicable State building code standard and municipal zoning requirements, including those relating to screening and landscaping of the City in which the facility is located. The facilities proposed to be utilized under this contract must have the capability of storing a minimum of one (1) vehicle inside and a further capability of providing storage for a minimum of thirty (30) vehicles outside. Inside storage will be necessary only when so requested or directed by an authorized official of the City of Hutchinson as identified in these terms and conditions. When a direction is given to store a unit inside, such directions may be accompanied by certain instructions for security measures to be employFd. The security responsibilities become the responsibility of the storing agent while the unit is in his/her keeping. 5. The Contractor performing under this contract shall assume all and full responsibility for the conduct of his/her employees. The Contractor guarantees that all of the employees performing under this contract will be adequately trained in their profession, will respond promptly to all calls, will provide safe and adequate equipment (as herein specified), be clean and neat in appearance, use decent language, free of profanity and treat the public courteously at all times. Request for service from the Hutchinson Police Department must be given first priority by all towing dispatchers serving as agents for the Contractor. Failing to meet any or all of the requirements of this section may result in cause for terminating the contract at any time as per the conditions specified for contract termination. 6. The Contractor will be solely responsible for loss or damage to any vehicle, including all equipment and contents, from the time direction is given by the authorized City representative turning the vehicle over to the Contractor or his Agency and until such time as the vehicle is legally released to the registered or actual owner or legal agent thereof. AiN7. The performing contractor must agree to maintain proper records of all vehicle received. The record MW 9Oa, keeping system shall meet the approval of the Hutchinson Police Chief and records are to be available at all Omes for inspection by authorized City officials. The records must include a copy of the police impounding report. A report shall be submitted monthly to the Hutchinson Chief of Police detailing all vehicles stored or released during that current month. All contents of such reports shall meet the approval of the Hutchinson Chief of Police. 8. All vehicles towed or impounded are to be released only upon receipt of the proper legal release form to be issued by the Hutchinson Chief of Police, except for private tows. 9. While performing under this contract and under these terms and conditions, the Contractor or his /her designated representative(s) must be present at the storage facility for the purpose of releasing vehicles to authorized persons six (6) days a week, Monday through Saturday, between the hours of 8:00 A.M. and 5:00 P.M. (excluding legal holidays). The Contractor or his/her designated representatives must also be available as needed between 12:00 P.M. (noon) and 2:00 P.M. on Sundays and all legal holidays. It is not necessary that the Contractor or his/her designated representatives be physically present at the storage facility between 12:00 P.M and 2:00 P.M. on Sundays -and all legal holidays, but the City must be able to contact the Contractor on an as needed basis during these times. Providing the City with a home phone number where the Contractor can be reached during these times would be adequate for purposes or this paragraph. 10. It shall be agreed under this contract that motor vehicles will not be driven at any time during the towing procedure. In the event that the vehicle is without tires or has flat tires, the performing Contractor agrees to tow the vehicle without damaging the wheels and further agrees not to tow any vehicle on its rims, on wheels Without tires, or on flat tires. 11. Upon arrival at the scene of a tow where a vehicle accident has occurred, the performing Contractor, in addition to the physical removal of the vehicle, assumes full responsibility for removing any vehicular parts or other debris, excluding liquids and other commercial cargo, resulting from the accident. This clean-up is to be completed without any additional compensation. 12. The performing Contractor shall be entitled to a charge for his/her towing and storage services pursuant to the fees submitted in the accompanying proposal. The Contractor shall agree that neither the City nor any Department thereof is responsible for any charges as a result of towing and/or storage and that the Contractor assumes all liability for any and all unpaid charges. NOTE: This provision and these terms and conditions are in no way a law or regulation relating to "price, route, or service of any motor carrier... with respect to the transportation of property" under 49 U.S.C. Sec. 14501(c)(1)(1997). 13. If an involved private owner /operator makes a timely request for a tow by other than our Contractor, such request shall be honored by the Police Department. In either instance, the owner /operator is solely responsible for all associated charges. 14. For vehicles identified by the Police Department as subject to forfeiture, and subsequently released to the Police Department pending the outcome of forfeiture proceedings, the performing contractor shall indicate a flat rate charge per forfeited vehicle. The flat rate shall include the towing, storage on the date of the tow, and three days of storage after the date of the tow. The flat rate applies to all cars, vans, small trucks, r4 -wheel drive vehicles, utility vehicles, and motorcycles identified by the Police Department as subject to M 5 forfeiture by the City. 015. Should the Contractor fail to appear at a designated tow point within twenty (20) minutes after receiving a call for a tow, the City reserves the right to call another towing service to perform the work. If the Contractor is called and is unable to respond due to conditions beyond his/her Control, the authorized City officials shall be immediately so informed, and the right is hereby reserved to call another service to perform the work. In the event that at any time it becomes necessary for the City to request the services of another towing service for the reasons detailed above, the City retains the right to hold the Contractor retained under this contract responsible for any additional charges over and above the fee schedule recorded in this proposal. Such charges shall be assessed only if the response time is due to negligence or laxity on the part of the contractor, which negligence might include equipment failure. 16. The Contractor performing under this contract shall operate and maintain its — - - - Parking and storage facility in compliance with the terms of this contract and all State and City applicable laws, ordinances, rules and regulations that are presently in effect or which may hereafter be adopted. Pursuant to Minnesota Statutes sections 16813.06, subdivisions 1 and 2, it is the responsibility of the Contractor taking a vehicle in custody to give notice of the taking within five (5) days to the vehicle owner and/or lien holder(s). 17. No alterations or modifications of the terms of this contract shall be valid unless made in writing and signed by authorized representatives of both parties hereto. 08. In the event of a breach by the Contractor of any terms or conditions of this agreement, the City shall have, in addition to any other legal recourse, the right to terminate this agreement forthwith. I 19. Either party may terminate this contract upon the serving of such termination notice to the other, irk writing, ninety (90) days prior to the intended termination date. I i 20. A copy of this contract, along with the authorized fee schedule, shall be posted in a conspicuous place in the Contractor's place of business. Insurance The successful Contractor shall not commence work under this contract until the specified insurance coverages have been obtained. The Contractor shall file, within seven (7) days following notification of proposal selection, with the Hutchinson City Administrator, all certificates of insurance or documentation thereof indicating that all specified insurance have been obtained and are in full force. The City of Hutchinson shall be named as an additional insured on said comprehensive general liability policy. The following coverages are required as minimums: R 9C� 0 A. 1. Public Liability Insurance: $1,000,000 Comprehensive General Liability (including assault and battery). 2. Business Auto Policy with all coverages (all vehicles) with 1,000,000 limits. 3. Garage Keepers Legal Liability. B. Workers' Compensation Insurance covering all employees of the Contractor, or his agents, working under this contract in accordance with the Minnesota Workers' Compensation Law. The Contractor shall agree to provide to the Hutchinson City Administrator 30 days prior written notice in the event any policy is canceled or a material change is effected and -each po"c—, nust-zontain a provision _ that the insurer notify the Hutchinson City Administrator immediately if a policy is canceled or a material change has been effected. Performance Bond On or before the date that the contract between the City and the Towing service becomes effective, the `ontractor shall file with the Hutchinson City Administrator an acceptable Corporate surety bond in the amount of $10,000, payable to the City of Hutchinson and subject to the approval by the Hutchinson City Attorney for the faithful performance of all duties and obligations imposed under the terms and conditions of the contract. Proposal Evaluation and Selection of Contract It is the intent of the City to enter into a contract with the Towing service that will best serve the City's needs and who meets all of the terms and conditions set forth herein. In addition, the City will evaluate proposals in a manner consistent with the following: All Towing service proposals will be evaluated on their ability to provide the following services and the cost that each Towing service business will charge for providing each service. The towing and storage services listed below have been given a point total based on estimated frequency of use during the past 12 months. Proposals can score a maximum of 26 points. The Towing service business that offers to provide each service for the lowest cost shall receive the highest point value for that service. The Towing service business with the highest aggregate point total is the low proposal in terms of cost, but is not necessarily the Towing service that will best serve the City's needs. Ask MW Charge for towing of passenger vehicles; including cars, light trucks, (3/4 ton to less, vans, utility vehicles, 4X4's, motorcycles) (10 points possible) qce� 2. Charge for towing of vehicles 3/4 ton to 1 '/x ton capacity (2 points possible) 0 3. Charge for towing of vehicles larger than 1 '/2 ton capacity (2 points possible) Roll back charges (2 points possible) 5. "Hook up" or "Impound" Charge (1 point possible) 6. "Loaded Mile" Rate for transporting vehicle to Impound Lot (1 point possible) Charge for each 24 hours of storage: Inside storage (1 point possible) Outside storage (5 points possible) 8. Flat rate charge for designated forfeiture vehicles released to the Police Department (2 points possible) All prices or rates for these services contained in a Towing business's proposal are considered the prices that will be used when the City enters into the contract for Towing services with the Contractor. The Contractor may not change, modify, alter, or amend the prices or rates for services contained in its proposal when entering into the contract for Towing services. The Contractor also may not change, modify, alter, or amend the prices or rates for services contained in its proposal for the duration of the contract period, unless such change, modification, alteration, or amendment is made in writing and approved by both the City and the Contractor. ehe City retains the right to waive any informality or irregularity in any proposal or proposals received; and to select the proposal or proposals which in its judgment is in its own best interest. Upon selection, the Towing service shall negotiate with the City for the purpose of entering into a contract implementing the terms of the proposal. Unsuccessful Towing service businesses will receive notification within ten (10) working dais after the selection of the Towing service. I Admk 1W A Class Towin 175h Ave NW Hutchinson, MN 55350 November 24, 2006 Hutchinson City Council: N w� Phone: 320-587-2886 Fax: 320 -587 -2862 Toll Free 1 -966- 5808697 Is' Class Towing has reviewed the resolution #13059 and has concluded that the resolution is the fairest way to provide towing services for the City of Hutchinson. We agree with the Police Chief that Hutchinson can benefit from having more than one towing service. We do not understand why anyone would not see the benefit of the Hutchinson • Police Department utilizing all services available to them. We are not looking to run anyone out of business, however if you vote No, to resolution #10359, you are in effect telling the citizens of Hutchinson that you don't care to make these services better. We realize that there has been a working relationship between the City of Hutchinson, our competitor, and his family. This important decision should not be made because of friendships, but should be made for Public Safety. The current contract as it is written allows for only 1 towing company to serve the Police Department. The contract has not been followed for many years. Please give an explanation of how the contract should be interpreted. Our competitor, Modern Mazda has stated that they have four trucks and can handle every service call. How can they do this with only one person on call after 5pm? I" Class Towing is seeking to share the contract with Modern Mazda. We feel that an open contract will provide better service MVto the community and to the Police Department. Modern Mazda has R &0 monopolized the city contract for many years, although they have provided good service for the City of Hutchinson. When Mazda started their business, there were many towing services in town. The high costs of vehicles and insurance has caused all of them to close their towing services, along with the City contract not allowing any other companies to be utilized. Before 1st Class Towing opened, other towing companies around the surrounding areas had to come to Hutchinson to service the community. As far as equipment, 1St Class towing has 2 vehicles. A 21 ft. Flat Bed and a Wrecker with an auto lift. The flat bed can haul 2 vehicles and the wrecker 1 vehicle. We are also looking for another wrecker for the Hutchinson area, and the State Patrol has approved all equipment. 1St Class Towing offers 24 -hour service, 7 days a week for all towing services. We Do Not want to put anyone out of business, we only want • to work together with Modern Mazda to make our Community safe and give the people the best service in town. With two companies there can be a quick response time for the Police and for the general public. 1St Class Towing follows all laws for the State of Minnesota, such as Form E File with the Department of Transportation and carry health cards required by the State. Currently our company has given outstanding services to the cities of Gaylord and Winthrop, also Sibley County Sheriff's Department and the State Patrol out of our Gaylord location. Thank you for you time and consideration, 1St Class Towing, Inc. Gordon Evenson = David Hahn q (a), November 23, 2006 To the Mayor and City Council: I appreciate your willingness to take a second look at the impound towing for the City of Hutchinson. I would lice to take this opportunity to comment on some things from the November 14' City Council meeting and our experience over the past years in the towing business and with AAA. The statement of more cars in Hutchinson does not necessarily mean more tows. According to our AAA district manager, the AAA statistics reflect towing has dropped by 40 %. It is a requirement of AAA that we complete a background check for felons on all our drivers. I do believe we are the best qualified towing company in Hutchinson. Our impound lot is within the city limits. Being closer is more convenient for the Police Department, vehicle owners and ourselves. We can do more runs in less time. From our experience, our lot is the size needed for our business. Most importantly we provide EXPERIENCE! WINCHING- We have performed underwater recovery, recovered vehicles from houses (one truck in basement), recovered an airplane from a slough and many vehicles from creeks and rivers as a few examples. We have the number of trucks and the equipment to do the job right. Where does my experience come from? My farming background has given me experience in freeing tractors and implements sometimes working in muddy fields and in all kinds of weather. My staff and I use our rollback trucks for winching many times. This is due to experience. Within 90 days, my rollbacks will be equipped with even more winching capacity making wreckers obsolete. I do not believe there is another towing company in Hutchinson better equipped with as much experience and proven track record. A note of clarification. Towing companies are not called to the scene until the officer in charge is ready for vehicle recovery. My staff and I have been told many times upon arriving at the scene, "That was quick", "I didn't expect you to get here this soon", "We're not quite done, please wait ". Law enforcement does not want us in the way until they are ready and sometimes that means they don't need us for an hour or more. When they are ready, we respond as quickly as possible. In the approximately 2 %2 months Mr. Evenson worked for us, we were not more than one hour behind schedule the few times the weather was bad. Towing is our business and I would ask the Council to consider us when deciding on awarding the impound contract. Thanks again for your support and the decisions you make for the City of Hutchinson. Sincerely Lowell Baumetz Modem Mazda Towing cc: Gary Plotz, Marc Sebora and Dan Hatton CG. 0 R TO: Mayor & City Council FROM: Kent Earner, City Engineer RE: Discussion of TH 7/15/22 Improvement Project Assessments at 465 North Main Street (Letting No. L:'roject No. 06 -01) DATE: November 28, 2006 As previously directed by Council, City staff and MnDOT are have arranged a joint meeting with Mr. Jim Riley to discuss TH 7/15/22 project improvements, finances and associated property assessments. A brief summary of this meeting will be presented at the Council meeting. • Attached is an overview of our "Assessment Manual" policies and procedures. As noted in this overview, the City maintains the right to assess properties based on the resulting benefits incurred by a property upon project completion. City staff believes that we have been reasonable and fair in developing an assessment criteria for the TH 7/15/22 project. The basis of this criteria is that the City has over $5,000,000.00 of improvements within this project and all properties along the improved TH 7/15/22 have obvious benefits when the project is ultimately completed. Based on this a rate of $44.73 per lineal foot of roadway parcel frontage was developed, significantly lower than similar full reconstruction projects at $65 - $80 LF (see attached project Public Hearing presentation that communicated approximate assessments). Mr. Riley's property has almost 200 LF of improvement frontage (see property location map). Due to access limitations and lot configuration, the City has reduced the assessment to 66 LF. We request direction in proceeding with the Improvement Project Assessments at 465 North Main Street. cc: GaryPlotz— City Administrator • N&J htip: / /gis.logis.org /serti, let/ com. esri. esrimap. Esriiiiap ?ServiceName =hu_LOGISMap_OV... 11/22/2006 `it 0 IN 0 I- r—b T-6 I u--lb T-6 -1 1 1 L vj I p licv & Proc® Gui • • s THE LAW= M_S_A 429 -051 "The cost of any improvement, or any part thereof, may be assessed upon property benefited by the improvement, based on the benefits received" • This Manual based on MN Statute §429 and the "Local Improvement Guide "as developed by the League of Minnesota Cities • It is understood and agreed that the City maintains the right to vary from the following policies based on the principles set forth in the Guide and in the law: 11 • • • Neither the Constitution nor the Statute specifies any method or formula to be used in making the assessment, although under the Constitution special assessments "shall be as nearly equal as may be..,." • Any formula used must operate so that the assessments on all parcels are roughly in the same proportion to actual benefits. Any formula must be only an attempt to get at the real measure of benefits: the increase in the Market Value as a result of the improvements. • The City Council has broad discretion in determining benefits and its findings will not be upset by the Courts except where they result in clear discrimination or inequality. Improvements Included The City of Hutchinson reserves the right to assess for all improvements as allowed by the Statute. In Qeneral, f these shall include: • Street and sidewalk (including trails & paths) improvements • Storm and sanitary sewer systems • Street lights • Water work systems (watermain) ;r items that may be assessed include • Planting, maintenance and trimming of trees • Parks, open space areas, playgrounds and recreational facilities • Nuisance abatement • Dikes and flood control works • Other items-as allowed-bylaw 9 0 0 Contents • Terms and Definitions • Assessment Policies oReplacement of Existing Infrastructure oNew Development /Improvements ■ Bare Land ■ Developed/Annexed Areas • Sanitary Sewer/Water Availability Charges (SAC /WAC) • Other Policies and Information oPublic Hearing /Payment Information oInterest Rate Calculations oComplete "Newly Annexed Platted..." Policy o "Tax Delinquent/Forfeited Property Policy" oImprovement Project Expense Rates oProject Development Deadlines oDisclaimer DISCLAIMERS! • The City reserves the right to vary from, modify and/or amend the policies and procedures in conformance with local, state and federal rules and regulations. • This Assessment Manual (Policy and Procedures Guide) is intended to be a guide and each application to the City Council for relief from assessments will be decided by the City Council on a case -by -case basis. Policies and Procedures may be amended, modified or abandoned in tneir entirety, in ine sole aiscretion oI ine k-,ity k-,ouncn. Nothing in this policy shall be construed to give any property owner or applicant a right to a change in the assessment burden imposed on any specific property. 11 Highway 7 Central Project Includes work on Trunk Highways 7, 15 and 22 Assessment Hearing. April 11, 2006 Estimated Total Project Costs Construction Cost (cty stam) $ 4,410,000 City Proled Expenses $ 857 000 Estimated Total Project Cost $ 5,267,000 Costs tactcH servtoy saner &7d eela-,#,SbiWbbs butt nuhu, saMlaysewer made Sevvkm,, SbWWARW 03kCw ✓na»nahr drpsabmrLS VbbiV sus street,wubutkn sd�ft; trel/k'syFtsy sysfensmdMtnfanaR ExmttUn Improvement Cost Sharing a City Pays For: • Trunk /lateral sanitary sewer and watermain system reconstruction • Traffic Signal Systems (at Nun sc & school Rd.) • General Street/ Drainage Assessments along all City/Park/State properties, Intersections and side street right -of -way frontages • Dkecoy access we C, lomW soe"Wnvad sum sre/tranaw Mgoromart mss • Td Inca eunwa a "far previously paid assasmas Project Status • Mn/ DoT Has Awarded Contract to CS.McCYwsan, Inc with a total bid of $20.8 Million • Mn /DOT Anticipates Starting Constructlon Week of April 24d • Schedule Remains the Same Except for Main St. Bridge Early Start Possibility • Project Area: • Highway 7 from High St/5h Ave on east end to Shady Ridge Road on west end • Highway 15 from 5h^ Avenue N to 2w Avenue North • Includes CRldd8t9 Roadway and Bridge Rmonstrvction, and Major Utility upgrades Estimated City Funding Trunk Sanitary Sewer Fund $ 1,588,000 Trunk Watemhain Fund $ 1,795,000 City Bonding $ 976,000 Assessments (Street/Drainage) $ 733,000 Assessments (Udlb Serviced $ 175.000 Estimated Project Financing $ 5,267,000 Prpetyaisrnca6am Jrls am 1696 orMe low 0tYp JLdo2Stde{pnmt A*39a cdtnetudJpeJect cust Improvement Cost Sharing . Property Owner pays for: • Sanitary sewer& water service replacements and /or upgrades • Generel Street/ Drainage Assessments along private property frontages • �Idde9e tti O)StS of pabdWrby sbk s � nrm • By Policy, stxxad reflect costs for Standard city shads, and he no larger then non -state aid rolls • � , slmld reflect aced lxneet (additional value) to the li LO 0 9 Estimated Assessments . Sanitary Sewer & Water Services: $3,000 — #5,000 . General Street /Drainage Assessments: $45— $55/ FF General Street/Drainage Assessment Criteria . Total Length of Im{xovement Frontage: 35,458 LF . Total Cost of Str"Dralnage Improvements: $1,585,999.23 • Calculates to$44.73 /LF • Total Length of Assessable Frontage: 16,392 LF • Total Amount of Street/Drainage Assessments: $733,236.24 Typical Assessments Based on $".73 /LF and ;2,074.20 /services: • Es6matM typical 10D LF of frontage: $ 6,54720 • Esdmalyd typical 200 LF of 6mtage : $ 11,020.31 • Esemaeai typical 300 LF of frontage: $ 15,493.20 • E9Nmhd typical 400 LF of 6pYage : $19,966.20 Notes • Marty properties have addMwal utility services with some of the coats heft deferred • Some properties hme a combirwUM of frontage si uffh K • Dndted number of "Irks re0 kig °'°°s: Bhdl R propefOCs, Non Oda Gast • Formal Appeals: Homick properties, ]essa Truska ` Calculated Assessments S 11r Water Service: 51,204.10 /Each . 6° Sanitary Sewer Service: ;870 /Each . 6° Water Servke: g2,295/Each . General Street/ Drainage Ataessinents: $44.73/LF . Comparisons: Golf Carve Rd.: ST F (m) & $10KF (MM) plus 33,0134anim D!f $64.%U(SK44 In 2006 $) Y AmDaa St: 566.421E (M.N h 2006 $) plus $1AfteMcas General Street/Drainage Assessment Criteria Miller Properly Dnemres: kvtfp FrpmareRSM df —cr am d �-100x. or Rate Aasased F111" fnpmarcib on tie Fra Arad a bedit In MpGar.YY.S ntla[ ev>s- xaX a Rea Arased Assetwiedn l6el20yearsfaadw prprian o*ofa Ioml sbeC 11 M Rea Arrsaed a aaproprlaae vMR dearml,W mrr�i�deduaeeM1mFinaow�Rapotaas [aoaase A>Sa�bYabbvas Rohr romribb6' Me ro god af amisq N ae emu ea mias n>nYax/ M® kxiw bar pnoa4' Assessment Process /Information • Assessment Hearing to resume following Proposed Open House on April 20a • Closure of Assessrnerrt Hearing and Aocepting 61ds would occur at the April 24m City Coundl meeting • Assessments to be spread over 10 years, with equal principal, starting In 2007 Reap" ovacs may aLw pay a V pert of � by rw IW X05 . IntereR rile wa be based m the rate Me Dry rimes ran po1aG • barida, estlme[etl at 5 -69f Deferments are available for property owners meeting Income guidelines who are either over 65 years old or disabled q(� CF Minnesota Department of Transportation District 8 - Hutchinson HATS Facility 1400 Adams Street SE Hutchimon, MN 55350 November 28, 2006 Kent Exner City Engineer, City of Hutchinson 111 Hassan Street Hutchinson, MN 55350 RE: SP 4302 -44 TH 7 Dear Mr. Exner: Office Tel: 320 -234 -2589 877 - 682 -8249 Fax: 320 - 234-6971 w .dot.state.ma.us As you requested, this letter is being written to clarify Mn/DOT's Cost Participation Policy responsibility regarding the TH 7/22 and TH 15 project in Hutchinson. It is my understanding that the primary point of clarification was regarding if Mn/DOT assesses Adjacent Landowners for Trunk Highway Improvements. Mn/DOT does not assess Adjacent Land Owners for the Trunk Highway improvements. However, Mn/DOT does have a policy for cost participation with local government units, like the City of Hutchinson, when there is a City & State Cooperative Construction Project. • The aforementioned project is a Cooperative Construction Project and the City & State have both individual and shared costs. The City and State's cost share is based upon Mn/DOT's state policy titled Policy and Procedures for Cooperative Construction Projects with Local Units of Government dated April 2004. This policy provides standard guidelines for which Mn/DOT and Local Units of Government participate in costs when performing work within a municipality. This policy is the basis for how the cost share of the TH 7/22 & TH 15 project was determined. From this determination, a Municipal Agreement between the city and state is inplace which identifies both the shared and individual costs. Mn/DOT's policy is and always had been, not to assess Adjacent Land Owners for the Trunk Highway improvements. Mn/DOT strives to communicate this policy uniformly with each project. Mn/DOT has no involvement in how the City of Hutchinson determines to pay for their share of the project and has refrained from commenting on any individual City's policy and/or procedure for funding their share of the project. If you have any questions or concerns, please contact me at 320 -234 -2589. Sincerely, KelKel y�� oral, P.E. Project Engineer An equal opportunity employer 6/W cc: Adam Ahmdt, Right of Way Engineer • Barry Anderson, Land Management Engineer Todd Broadwell, Assistant District Engineer Dave Johnston, Regional Engineer Dave Solsrud, Assistant District Engineer File • M equal opportunity employer �� / November 22, 2006 TO: THE HONORABLE MAYOR STEVE COOK AND HUTCHINSON CITY COUNCIL MEMBERS RE: Consideration of Land Purchase Dear Mayor Cook ano City Council Members, The Hutchinson Area Health Care (HAHC) Board of Directors met in closed session last evening to review the proposed purchase of property situated adjacent to the HAHC campus at 211 Freemont Avenue SE (Regional Eye Specialists clinic property). The following is an excerpt of the drafted minutes reflecting that discussion: Property Acquisition — Lot 8 Block 2 Cedar Acres Subdivision: Ms. Wells reviewed the history of the negotiations regarding this acquisition. The Board of HAHC and the City Council had previously approved the purchase of the property at the price of $635,000. However, the owners have determined that their required price is $700,000. Appraisals were completed showing a range of $600,000 to $740,000. The Board also reviewed the terms and conditions proposed by Abel Realty Advisors. Given the strategic location of this property to the hospital, management recommends that the property be purchased at the asking price of $700,000. • Following discussion, motion was made by Mr. Steve Snapp, seconded by Mr. Bernie Knutson, to forward a recommendation to the City Council to amend the original approval and enter into a purchase agreement for $700,000.00 to purchase the Regional Eye Clinic property. All were in favor. Motion carried. Sincerely, HUTCHINSON AREA HEALTH CARE Mary Ellen Wells President and CEO MEW:Ih Attachment • �occ� • RESOLUTION NO. 13085 RESOLUTION CREATING A CITY FUND TO BE KNOWN AS THE "SPECIAL ASSESSMENT FUND" WHEREAS, the City of Hutchinson ( "City ") periodically lets bonds for the construction of City improvements; and, WHEREAS, the City makes annual payments to defense these bonds; and, WHEREAS, the City is able to make these bond payments through the collection of assessments to individual property owners and tax levies; and, WHEREAS, assessment payments accumulated between bond payments and excess assessments have not heretofore been specially designated in a fund by the City; and, WHEREAS, due to state law and other factors, from time to time there are excess funds available after an improvement bond is closed out, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON- • 1. THAT all excess monies from the City's improvement bond funds be accumulated in a fund to be known as the "Special Assessment Fund ". 2. THAT $500,000 of the Special Assessment Fund monies are to be transferred to' the Tax Relief Fund for the purpose of reducing the levy of the City's taxpayers; 3. THAT beginning in the year 2007, 50% of any new excess bonds funds shall be' deposited into the Tax Relief Fund and 50 % shall be deposited into the Special Assessment Fund for primarily capital projects for the City. 4. THAT the City Council may use or not use the accumulated Special Assessme�t Fund and Tax Relief Fund monies in its sole discretion and as it deems appropriate. However, with regard to the Tax Relief Fund, not more than 25 0/q of that fund may be withdrawn annually. 5. THAT so that the City Council can have as an accurate assessment of the City's finances as possible, no decisions about withdrawals from the Tax Relief Fund may formally be made prior to November of each year. Adopted by the City Council this day of 2006. Steven W. Cook, Mayor ATTEST: • Gary D. Plotz, City Administrator Io('6) voi�,4 0 November 21, 2006 Dear City Council Members, At the end of 2005 the city adopted a new Compensation Plan. One aspect of the plan was the implementation of an open salary range that would allow for maximum flexibility in administrating the plan instead of using defined or pre - calculated steps. The open salary concept rewards good and exceptional performers and advances employees to the market rate more quickly. If you recall, at the council meeting where this plan was adopted last year, I stated that I thought there needed to be some adjustments because I believed the plan rewarded some mediocre performance. I also believe that, while both are important to recognize, there was not enough distinction between good performance and those that exceed expectations. I stated at that meeting that I would like to revisit the plan in 2006. I also brought this up a couple of months ago. Enclosed is information on the old compensation plan, the current plan, the recommendation of the compensation consultant, and a proposed amendment that I drafted. I think you will see that the amendment meets all the objectives of the current plan, but places higher expectations on the lower performers, still suitably rewards those who meet expectations, and further rewards those who exceed expectations. This amended plan is also pretty similar to the consuham's recommendation, except that the achievement levels are adjusted in more defined ranges that better • represent what actually happens on the performance reviews. The amendment also contains many similarities to the current plan until you get to the higher wage levels, where performance becomes an even greater factor for attaining further advances. I did present this to the wage committee on November 21". Their continents will be discussed as part of the discussion at our council meeting on November 28d. Sincerely, Steve Cook, Mayor • Iac� 0 11 • 2005 & Previous Pay Plan Market - 100% • 6 Steps starting at 80%, 4% increments per year • Usually 6 years to get to market (usually start at 80%) • Overall evaluation rating of 1 or 2 normally made employee ineligible for any scheduled wage adjustment. Exceptional Service Pay - after reaching market rate (100 %) • 0.25 -5% increase possible • Salary increase to 105% • Lump sum possible yearly from 105 -110% ➢ Did not carry over from one year to the next ➢ Did not build on previous year • Harder to attain ➢ All of the following criteria had to be met ❖ Shared Values ❖ Effort Consistency Quality ❖ Performance appraisal * Majority "Exceeds Job Requirements" * No "Needs Improvement" ➢ At least one additional criteria needed to be met Quantity ❖ Originality Cost Savings/Revenue Generating ❖ Efficiency � c) (-C)- 0 • 9 Consultants Recommendation Achievement Level 1 2 3 4 5 Compa -Ratio 85 -89.9 00/0 4% 5% 6% 7% 90 -94.9 00/0 3% 4% 5% 6% 95 -99.9 00/0 2% 3% 4% 5% 100 - 104.9 00/0 00/0 2% 3% 4% 105- 109.90p% 0% 0% 2% 3% 1 10-1 15 00/0 00/0 0010 00/0 2% Possible salary increase for various performance levels - for comparison purposes 89 90%0 91 92 93 94 96 98 96 98 100 103 98 101 103 107 100 103 106 110 105 108 112 110 114 115 Ib(c) • Proposed Pay Plan Achievement Level Possible salary increases for various performance levels - for comparison purposes. 0 to 2.3 to 2.8 to 3.4 to 4.0 to • 86% 2.29 2.79 3.39 3.99 5.0 Compa -Ratio 1000/0 900/0 98% 101% 104% 80 -84.9 00/0 3% 5% 6% 7% 85 -89.9 0% 2% 5% 6% 7% 90 -94.9 00/0 1% 4% 5% 6% 95 -99.9 00/0 0% 3% 4% 5% 100 -104.9 00/0 00/0 2% 3% 4% 105 - 109.96 00/0 00/0 (r 20/0 3% 110 -115 00/0 00/0 00/0 00/0 2% Possible salary increases for various performance levels - for comparison purposes. 83% 85% 86% 87% • 86% 900/0 92% 94% 88% 94% 97% 1000/0 900/0 98% 101% 104% 91% 101% 104% 108% 92% 103% 107% 111% 93% 105% 1090/0 113% 94% 111% 115% 95% Target 95% 105% 1100/0 115% • ➢ '/2 Merit increase if any category rated "Needs Improvement" or "Unsatisfactory" when current pay scale above 1001/o ➢ '/2 Merit increase if any category rated "Unsatisfactory" when current pay scale below 100% )0CG/ • Current Pay Plan "Merit" Increase Guide for Open Salary Range Achievement Level Compa -Ratio 0 to 1.1 to 2.0 to 2.76 to 3.51 to 4.26 to 94 1.0 1.99 2.75 3.5 4.25 5.0 80 -84.9 0% 00/0 4% 5% 6% 7% 85 -89.9 00/0 00/0 4% 5% 6% 7% 90 -94.9 0" /0 00/0 3% 4% 5% 6% 95 -99.9 00/0 00/0 2% 3% 4% 5% 100 - 104.9 00/0 00/0 00/0 2% 3% 4% 105 -109.9 0° /a 00,10 00/0 1% 2% 1% 110 - 115 00/0 00/0 00/0 00/0 2% 3% Possible salary increases for various performance levels - for comparison purposes only 84 85 86 88 90 92 • 92 94 97 95 98 101 97 101 104 99 103 107 101 105 109 106 111 107 113 108 115 109 110 Evaluation Levels of Performance: 1 - Unsatisfactory 2 - Needs Improvement 3 - Meets Expectations 4 - Exceeds Expectations • 5. Outstanding 87 94 100 104 10'8 1�1 1 4 115 i i i I 0 1] E R55APPYRV CITY OF HUTCHINSON By Check Number AP Payment Register with Voids Check Dates I 11/162006 - CkDate Type Check# Vendor Name Amount 11!162006 PK 139585 ' 115855 JEFF MEEHAN SALES INC. 1,364.45 11/1612006 PK 139586 102649 MPCA 3,850.00 11/20/2006 PK 139587 122919 BRYAN STREICH TRUCKING 2,586.64 11202006 PK 139588 102530 HUTCHINSON CO -OP 696.97 11/202006 PK 139589 102038 HUTCHINSON, CITY OF 212,000.00 11202006 PK 139590 103099 HUTCHINSON, CITY OF 990.47 11202006 PK 139591 102573 MCLEOD COOP POWER 212.26 11202006 PK 139592 103046 MCLEOD COUNTY RECORDER 101.20 1120/2006 PK 139593 102787 MCLEOD COUNTY TREASURER 2,052.60 11/20/2006 PK 139594 102425 MIDWEST WIRELESS COMM. 2,547.56 11202006 PK 139595 103887 MINNESOTA CLE 175.00 1120/2006 PK 139596 121176 REINER ENTERPRISES, INC 216.D0 111202006 PK 139597 122922 STRETCH TRUCKING 2,771.14 229,564.29 Account Nu # 229,564.29 Void Amou Payment T, Check Pay Check Pay Check Pap Check Payl Check Pay Check Pap Check Pay Check Pap Check Payl Check Payl Check Pay Check Pay Check Pap 229564.3 229564.3 MEMO 11120/06 . TO: CITY STAFF & BANK OFFICIALS FROM: KEN MERRILL , FINANCE DIRECTOR SUBJECT: DECEMBER WIRE TRANSFER The following funds need to be wired - interest payments December 1, 2006 Chase NYC ABA # 021 - 000 -021 to credit the account of Cede & Co. c/o THE DEPOSITORY TRUST COMPANY for Dividend Deposit Account # 066 - 026776 OBI FIELD - PA 50317950 1992 Tax Increment Bonds 2001 Capital Notes 8,345.00 2,791.25 11,136.25 The following funds need to be wired - PRINCIPAL payments Chase NYC ABA # 021 - 000 -021 to credit the account of Cede & Co. c/o THE DEPOSITORY TRUST COMPANY for Redemption Deposit for 12/1 City of Hutchinson, Mn, Account # 066 - 027 -306 OBI FIELD - PA 50317950 2001 Capital Notes 145,000.00 145,000.00 (FAX of bond document must be made at same time for principal payment) • r5l4riLS 11/13106 CITY STAFF & BANK OFFICIALS FROM: KEN MERRILL , FINANCE DIRECTOR fi]XN�2d 7� 1591:7�i7_VF9y� 7�7�9yF7311JN_ \i�3�7 i'irIril The following funds need to be wired - interest payments 12/01/06 Chase NYC ABA # 021 -000-021 to credit the account of Cede & Co. Uo THE DEPOSITORY TRUST COMPANY for Dividend Deposit Account # 066 - 026776 for 2/1 City of Hutchinson, MN OBI FIELD - PA 50317951 INTEREST 1996 Improvement Bonds 2,133.33 1997 Improvement Bonds 8,494.16 1998 Improvement Bonds 4,920.83 15,548.32 The following funds need to be wired - PRINCIPAL payments Chase NYC ABA # 021 - 000 -021 to credit the account of Cede & Co. do THE DEPOSITORY TRUST COMPANY for Redemption Deposit Account # 066-027 - 306 2/1 City of Hutchinson MN OBI FIELD - PA 50317950 1996 Improvement Bonds 130,00D.00/ 1997 Improvement Bonds 545,000.00 1998 Improvement Bonds 350,000.00 TOTAL Principal 1,026,000.00 TOTAL Wire $1,040,548.32 • `J Finance Director Approval 11 PAYROLL DATE: November 24, 2006 Regular and Police Holiday Period Ending Date: November 18, 2006 FOR COUNCIL LIST ONLY - ELECTRONIC TRANSFER TO STATE AND IRS • DO NOT ISSUE CHECKS FOR THIS PAGE AMOUNT ACCT# NAME DESCRIPTION $29,303.45 9995.2034 WITH. TAX Employee Contribution - Federal Tax ACCOUNT $13,069.63 9995.224 Employee Contribution - Soc. Security $4,158.94 9995.2242 Employee Contribution - Medicare $46,532.02 Sub -Total - Employee Contribution $13,069.63 9995.224 Employer Contribution - Social Security $4,158.94 9995.2242 Employer Contribution - Medicare Per Journal Entries Difference Fica $ 26,139.26 $17,228.57 Sub -Total - Employer Contribution Medicare $ 8,317.88 Withholding $ 29,303.45 $63,760.59 Grand Total - Withholding Tax Account Total $ 63,760.59 $0.00 $12,620.46 9995.2035 MN DEPT OF REVENUE State Tax $ 12,620.46 $0.00 • $17,308.36 9995.2241 PERA Employee Contribution - Pension Plan $21,392.78 9995.2241 Employer Contribution - Pension Plan i $38,701.14 Sub -Total - PERA i l $15.86 9995.2243 PERA -DCP Employee Contribution - Pension Plan $15.86 9995.2241 Employer Contribution - Pension Plan Pera $ 36,717.00 $31.72 Sub - Total - DCP DCP $ 15.86 $38,732.86 GRAND TOTAL - PERA Total $ 38,732.86 $0.00 Finance Director Approval 11 • • 0 R55APPYRV CITY OF HUTCHINSON By Check Number AP Payment Register with Voids Check Date 11128/2006 - Ck Date Type Check# Vendor Name Amount ` 11/28/2006 PK 139598 121152 3D SPECIALTIES 570.78 11/28/2006 PK 139599 121847 3M 200.00 11128/2006 PK 139600 105651 AAA STRIPING SERVICE CO 5,678.00 11/28/2006 PK 139601 123573 AARP 290.00 11/28/2006 PK 139602 102271 ABM EQUIPMENT & SUPPLY 228.81 1112812006 PK 139603 122891 JADVANCED ENGINEERING & ENVIRON 14,025.00 11/2812006 PK 139604 102217 AEM MECHANICAL SERVICES, INC 113.58 11128/2006 PK 139605 123644 AES- ASSESSCO ENVIRONMENTAL SER 3,900.00 11/28/2006 PK 139606 123643 ALSLEBEN, MELINDA 20.00 11/28/2006 PK 139607 105204 ARCTIC GLACIER PREMIUM ICE INC 168.00 11/2812006 PK 139608 102367 BELLBOY CORP 3,490.09 11/28/2006 PK 139609 101916 BERNICK COMPANIES, THE 190.10 11/28/2006 PK 139610 120738 BERTELSON'S 88.67 11/2812006 PK 139611 123645 BETKER,JEFF 48.00 11/28/2006 PK 139612 123672 BLACK BOX CORPORATION 1,818.07 11/28/2006 PK 139613 119938 BLACKWELL, DAN 60.00 11/28/2006 PK 139614 119212 BLOCK FARMS & TRUCKING 9,479.96 11/28/2006 PK 139615 102148 BONESTROO ROSENE ANDERLIK & AS 5,148.00 11128/2006 PK 139616 101987 BRANDON TIRE CO 17.70 11/28/2006 PK 139617 102752 BRAUN INTERTEC CORP 9,770.25 11/28/20D6 PK 139618 122919 BRYAN STREICH TRUCKING 1,818.32 1112812006 PK 1396191 123664 BRYAN, WADE 80.00 11/28/2006 PK 139620 102136 BUSINESSWARE SOLUTIONS 9,326.96 11/2812006 PK 139621 123342 C & C STRIPPING & SEALING 220.D0 11/2812006 PK 139622 102456 C & L DISTRIBUTING 50,628.95 11/28/2006 PK 139623 120432 CARLOS CREEK WINERY 648.00 11128/2006 PK 139624 102253 CENTRAL MCGOWAN 20213 11/28/2006 PK 139625 102179 CLAREYS SAFETY EQUIP 110.30 11/28/2006 PK 139626 123646 CORNERSTONE COMMONS /NEW ULM G 5,000.00 11/2812006 PK 139627 102484 CORPORATE EXPRESS 662.58 11/28/2006 PK 139628 - 121640 CREEKSIDE SOILS 7.21 11/28/2006 PK 139629 119229 CROUSE -HINDS AIRPORT LIGHTING 229.12 11128/2006 PK 139630 102050 CROW RIVER AUTO 1,403.26 11128/2006 PK 139631 102220 CROW RIVER PRESS INC 148.19 11/2812006 PK 139632 104884 CULLIGAN 32.D0 11/28/2006 PK 139633 119458 DAVE'S PALLET SERVICE 1,980.00 1 112 8 /2 0 06 PK 139634 102488 DAY DISTRIBUTING 7,516.90 11128/2006 PK 139635 1 119502 DELANO CEMETERY SERVICES, INC 1D0.00 11/28/2006 PK 139636 102698 DEVRIES, RANDY 18.60 11/28/2006 PK 139637 105182 DOBRATZ, CHRIS 41.15 11/28/2006 PK 139638 104084 DONOHUE & ASSOC 78,127.75 11/28/2006 PK 139639 113181 DROP -N -GO SHIPPING, INC 32.85 11 f2 812 006 PK 139640 104095 DUECO 44.34 11/28/2006 PK 139641 102236 DUININCK BROS INC. 124,897.84 11/28/2006 PK 139642 102647 DYNA SYSTEMS 24.54 11/28/2006 PK 139643 102495 EBERT, PAT 20.51 11/28/2006 PK 139644 102726 ECOLAB PEST ELIM 51.12 11/28/2006 PK 139645 1 105555 EHLERS & ASSOC 175.00 ✓oid Amou 11/28/2006 PK 139646 102326 ELECTRIC MOTOR CO 31.24 11/28/2006 PK 139647 102648 ELVIN SAFETY INC ' 253.88 11/28/2006 PK 139648 121312 ENGINEERING REPRO SYSTEMS 787.07 11/2812006 PK 139649 120855 EVENT SOFTWARE 900.00 11/2812006 PK 139650 110034 EXTREME BEVERAGE 128.00 11128/2006 PK 139651 104137 FASTENAL COMPANY 125.67 11/28/2006 PK 139652 123647 FROEMMING, TERRY 30.50 11/28/2006 PK 1396531 110023 GLENCOE EQUIPMENT INC 3622 11/28/2006 PK 139654 123363 GMS INDUSTRIAL SUPPLIES INC 160.57 1111812006 PK 139655 105562 GRANIT BRONZ 163.71 11/28/2006 PK 139656 101874 GRIGGS & COOPER & CO 21,249.16 11/2811006 PK 139657 108668 GRUFRUFF DESIGN 555.00 11/28/2006 PK 139658 102528 HAGER JEWELRY INC. 15.97 11/28/2006 PK 139659 102451 HANSEN DIST OF SLEEPY EYE 2,950.70 11/28/2006 PK 139660 102089 HANSEN GRAVEL 1,948.20 11/28/2006 PK 139661 102701 HENRY'S WATERWORKS INC 623.24 11/28/2006 PK 139662 102531 HENRYS FOODS INC 1,598.53 11118/2006 PK 139663 116866 HEWLETT - PACKARD CO 2,696.58 11/28/2006 PK 139664 102518 HILLYARD FLOOR CARE/HU T CHINSON 372.51 11118/2006 PK 139665 102530 HUTCHINSON CO-OP 17,058.03 11128/2006 PK 139666 102541 HUTCHINSON TELEPHONE CO 1,015.55 11/28/2006 PK 139667 101869 HUTCHINSON, CITY OF 150.00 11118/2006 PK 1396681 102072 HUTCHINSON, CITY OF 29,661.00 11128/2006 PK 1396691 103099 HUTCHINSON, CITY OF 1,952.31 11118/2006 PK 1396701 102779 INDEPENDENT SCHOOL DIST. #423 31,267.21 11/28/2006 PK 139671 103051 INFRATECH 1,295.00 11/2811006 PK 139672 103520 INTERSTATE BATTERY SYSTEMS OF 290.53 11/28/2006 PK 139673 111836 JACOBSEN, SEPTEMBER 15.98 11/2812006 PK 139674 121990 JAY MALONE MOTORS 453.89 1112812006 PK 139675 102554 JERABEK MACHINE SERV 107.89 11128/2006 PK 139676 119782 JESCO INDUSTRIAL SUPPLIES, INC 42.00 11/28/2006 PK 139677 101907 JIM'S GARDEN SERVICE 482.00 11/28/2006 PK 139678 101938 JOHNSON BROTHERS LIQUOR CO. 33,186.23 11/28/2006 PK 139679 123283 JUNGCLAUS CARQUEST 207.09 11/28/2006 PK 139680 123648 KALENBERG, RANDAL 2,985.32 11/28/2006 PK 139681 123344 KEEPRS, INC 34.95 11/28/2006 PK 139682 102561 L & P SUPPLY CO 27.50 11/28/2006 PK 139683 104521 LEIDER, THERESA 100.00 11/28/2006 PK 139684 120903 LEXISNEXIS 1,209.26 11/28/2006 PK 1396851 101984 LOCHER BROTHERS INC 29,250.55 11118/2006 PK 139686 102145 M-R SIGN 65.06 11/28!2006 PK 139687 120802 M. AMUNDSON LLP 557.46 11/28/2006 PK 139688 102571 MACQUEEN EQUIP INC 4,792.50 11/28/2006 PK 139689 123417 MADINA HOSPITALITY GROUP LLC 150.00 1112812006 PK 139690 102987 MAKI, CONNIE 16.13 11/28/2006 PK 139691 105140 MARSHALL CONCRETE PRODUCTS 114.06 11/28/2006 PK 139692 123649 MAUS, DENICE 2,985.32 11/28/2006 PK 139693 123650 MCCONNELL, DAWN 2,985.32 11/28/2006 PK 139694 102573 MCLEOD COOP POWER 4,000.00 11/28/2006 PK 139695 112400 MENARDS - HUTCHINSON 747.40 11/28/2006 PK 1 1396961 102131 METRO ATHLETIC SUPPLY 44.41 11118/2006 PK 1 1396971 108403 MINNCOR INDUSTRIES 3,336.50 0 0 • C� r1 U 11/28/2006 PK 139698 111312 MINNEAPOLIS CONVENTION CENTER 88.00 11/28/2006 PK 139699 102826 MINNESOTA DEPT OF AGRICULTURE 400.00 1112812006 PK 139700 101947 MINNESOTA DEPT OF LABOR & INDU 20.00 11/28/2006 PK 139701 101826 MINNESOTA DEPT OF NATURAL RESO 75.00 11/28/2006 PK 139702 105157 MINNESOTA SHREDDING 140.86 1 1 /2 812 0 06 PK 139703 102583 MINNESOTA VALLEY TESTING LAB 31.00 11/28/2006 PK 139704 102655 MODERN MAZDA 85.70 11/28/2006 PK 139705 102016 MURPHY GRANITE CARVING 240.00 11/28/2006 PK 139706 120252 NEW CENTURY CHARTER SCHOOL 969.50 11/28/2006 PK 139707 120856 NFPA 697.50 11/28/2006 PK 139708 102591 NORTHERN STATES SUPPLY INC 433.10 11/28/2006 PK 139709 123651 OELLERICH, NANCY 28.00 1 1 /2 812 006 PK 139710 122948 OFFICE DEPOT 78.95 11/28/2006 PK 139711 123652 OLD COUNTRY BUFFET 495.00 11/28/2006 PK 139712 102592 OLSON'S LOCKSMITH 125.00 11 r2 812 0 0 6 PK 139713 108859 PARTS ASSOCIATES INC 151.14 11/28/2006 PK 139714 102187 PAUSTIS & SONS WINE CO 601.00 11/28/2006 PK 139715 101853 PHILLIPS WINE & SPIRITS 39,076.76 11/28/2006 PK 139716 102373 PINNACLE DISTRIBUTING 321.25 11/28/2006 PK 139717 102167 PITNEY BOWES 1,332.00 11/2812DD6 PK 139718 102593 PLOTZ, GARY D. 51.43 11/28/2006 PK 139719 105520 PONATH CONSTRUCTION 700.00 11/2812006 PK 139720 102445 POSTMASTER 165.00 11/28/2006 PK 139721 123653 POWELL, RYAN 60.52 11128/2006 PK 139722 102598 QUADE ELECTRIC 431.16 11128/2006 PK 139723 102052 QUALITY WINE & SPIRITS CO. 16,088.96 11/28/2006 PK 139724 102398 R & R EXCAVATING 9,758.90 11/28/2006 PK 139725 102604 R & R SPECIALTIES INC 119.17 11/28/20C)6 PK 139726 102205 R.J.L. TRANSFER 1,412.20 11/28/1006 PK 139727 102432 REED BUSINESS INFORMATION 212.00 11/28/2006 PK 139728 102395 REINER IRRIGATION & SEPTIC INC 200.00 11/28/2006 PK 139729 123654 REINERT, BUD 346.00 11/28/2006 PK 139730 123667 RESOURCE PROFESSIONALS ALLIANC 448.00 11!28/2006 PK 139731 121677 RUCKS, CAMERON D. 2,135.90 11/28/2006 PK 139732 119208 RUNKE, DOREEN 280.00 11/28/2006 PK 139733 103137 RUTHERFORD PUBLISHING 240.00 11/2812006 PK 139734 104748 S & T OFFICE PRODUCTS 1,134.23 11/28/2006 PK 139735 1 120907 SALTMAN LLC 52.19 11/28/2006 PK 139736 123418 SANDSTONE DISTRIBUTING CO. 214.50 11/28/2006 PK 139737 102436 SARA LEE COFFEE & TEA 288.34 11/28/2006 PK 139738 109801 SCOTT'S WINDOW CLEANING SERVIC 85.20 11/2812006 PK 139739 109801 SCOTTS WINDOW CLEANING SERVIC 63.90 11/28f2006 PK 139740 101892 SEH 5,417.85 11 t28/2006 PK 139741 123655 SHERATON HOTEL- MINNEAPOLIS 465.56 11/28/2006 PK 139742 102609 SHOPKO 19.15 11/28/2006 PK 139743 102611 SORENSEN'S SALES & RENTALS 408.12 11/28/2006 PK 1397441 1 120410 SPECIALTY WINES 1,14921 1 112 8/2 0 06 PK 139745 120514 SPRINT 274.86 1112812006 PK 139746 102242 SRF CONSULTING GROUP 11,744.18 11/28/1006 PK 139747 123656 SSC -STATE SUPPLY COMPANY 106.86 11/28/2006 PK 139748 102612 STANDARD PRINTING 7.19 11/28/2006 PK 139749 123568 STOCKMAN TRANSFER, INC. 12,619.48 11128/2006 PK 139750 102671 STOTTS, CASEY 751.96 11/18/2006 PK 139751 123663 STRUCTURAL BUILDINGS INC 6,000.00 11/28/2006 PK 139752 103220 SWANSON, MARILYN M. 80.10 11/28/2006 PK 139753 123657 TODNEM, DIANE 2,985.33 11/28/2006 PK 139754 119159 TOTAL FIRE PROTECTION 750.00 11/28/2006 PK 139755 12D205 TRANSPORTATION SAFETY APPAREL 128.98 11/28/2006 PK 139756 102454 TRI- COUNTY BEVERAGE & SUPPLY 348.80 11/28/2006 PK 139757 109289 TWIN CITY GARAGE DOOR CO 590.33 1112812006 PK 139758 102619 TWO WAY COMM INC 684.57 11/28/2006 PK 139759 102624 UNITED BUILDING CENTERS 570.63 11/28/2006 PK 139760 102627 UNIVERSITY OF MINNESOTA 300.00 11/2812006 PK 139761 120919 UNIVERSITY OF MINNESOTA 500.00 11/28/1006 PK 139762 101974 VIKING BEER 6,677.15 11/28/2006 PK 139763 102132 VIKING COCA COLA 727.50 11/28/2006 PK 139764 121147 VSS- VERTECH SOLUTIONS & SERVIC 63.85 11/28/2006 PK 1397651 105064 WASTE MANAGEMENT- SPRUCE RIDGE 35,397.46 11128/2006 PK 139766 102639 WEST PUBLISHING PAYMENT CTR 385.48 11/28/2006 PK 139767 103452 WINE COMPANY, THE 1,012.00 11/2812006 PK 139768 102452 WINE MERCHANTS INC 821.50 11/2812006 PK 139769 123658 WRIGHT COUNTY SHERIFF 100.00 11/28/2006 PK 139770 120777 YOUNG, RETT 384.00 11/28/2006 PK 139771 102634 ZIEGLER INC 67.52 1112812006 PK 139772 101919 AMERICAN FAMILY INS CO. 184.73 11/28/2006 PK 139773 101872 H.R.LA.P.R. 313.25 11/28/2006 PK 139774 102633 HUTCHINSON, CITY OF 8,507.47 11/2812006 PK 139775 102635 HUTCHINSON, CITY OF 767.06 11/28/2006 PK 139776 101873 ICMA RETIREMENT TRUST 4,001.53 11128/2006 PK 139777 101876 ING LIFE & ANN CO. 1,350.00 11128/2006 PK 139778 102449 1 MINNESOTA CHILD SUPPORT PAYMEN 471.15 11/18/2006 PK 139779 101875 ORCHARD TRUST COMPANY, LLC 300.00 11/28/2006 PK 139780 1020961 PRUDENTIAL MUTUAL FUNDS 30.00 731,408.60 Account Nu 731,408.60 • r1 0