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cp03-27-2007 c AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 27, 2007 . 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Randy Adams, Riverside Assembly of God Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF MARCH 13,2007 (b) BID OPENING MINUTES OF MARCH 13, 2007 (MONTANA STREET NW) Action - Motion to approve as presented 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. AIRPORT COMMISSION MINUTES FROM OCTOBER 19, 2006, NOVEMBER 16, 2006, DECEMBER 21, 2006, JANUARY 18,2007, FEBRUARY 15,2007 2. HUTCHINSON HOUSING AND REDEVELOPMENT REGULAR BOARD MEETING MINUTES FROM JANUARY 16,2007, FEBRUARY 20, 2007 . 3. HUTCHINSON PLANNING COMMISSION MINUTES FROM FEBRUARY 20, 2007 4. CITY OF HUTCHINSON FINANCIAL REPORT FOR FEBRUARY 2007 5. CITY OF HUTCHINSON INVESTMENT REPORT FOR FEBRUARY 2007 (b) RESOLUTIONS AND ORDINANCES 1. CONSIDERATION FOR APPROVAL OF RESOLUTION TO EXCEPT PROCESSING SPRING AND SUMMER ORGANICS-RIESE FARMS 2. RESOLUTlON NO. 13163 - RESOLUTION FOR PURCHASE OF CRACK SEAL MATERIAL AND BIODIESEL FUEL (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF LOT SPLIT SUBMITTED BY BRUCE NAUSTDAL LOCATED IN RA VENWOOD WEST WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13155) . 2. CONSIDERATION OF CONDlTIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT FOR CONSTRUCTION OF TWIN HOME LOCATED AT 560/564 HILLTOP DRIVE N.E. SUBMITTED BY CROW RIVER HABITAT FOR HUMANITY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13156) . CITY COUNCIL AGENDA - MARCH 27, 2007 3. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE REPAIR FACILITY IN THE INDUSTRIAL COMMERCIAL DISTRICT LOCATED AT 805 HWY 7 WEST WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13157) . 4. CONSIDERATION OF CONSTRUCTION OF A FAMILY VIDEO STORE LOCA TED AT 108 1 ST AVENUE N.E. SITE PLAN SUBMITTED BY ROCKFORD CONSTRUCTION WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13159) (d) CONSIDERATION FOR APPROVAL OF ON-SALE INTOXICATING LIQUOR AND CLUB LICENSES FOR 2007 (e) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR CROW RIVER CHAPTER OF MINNESOTA DEER HUNTERS ASSOCIATION FOR MARCH 31, 2007 (f) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR MCLEOD COUNTY PHEASANTS FOREVER ON APRIL 14,2007 (g) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANTS LICENSE FOR RANDALL HERRMAN (h) CONSIDERATION FOR APPROVAL OF LEASE AGREEMENT FOR OLD DASSEL MEDICAL CLINIC BUILDING (i) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO.1, WWPT SCADA SYSTEM (LETTING NO. 13, PROJECT NO. 06-15) (j) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO.1, WWTF ADMINISTRATION BUILDING EXPANSION (LETTING NO. 12, PROJECT NO. 06-14) (k) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO.2, HATS COLD STORAGE BUILDING (LETTING NO. 14, PROJECT NO.06-16) (1) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2007 PAVEMENT REHABILITATION PROGRAM (LETTING NO.5, PROJECT NO. 07-05) (m)CONSIDERATION FOR APPROVAL OF HOUSING AMERICA 2007 PROCLAMATION (n) CONSIDERATION FOR APPROVAL OF APPOINTMENT OF CHRIS KOVACIC TO PLANNING COMMISSION BOARD UNTIL MARCH 2012 (0) CONSIDERATION FOR APPROVAL OF CAPITAL EXPENDITURE REQUEST FOR TECHNOLOGY PURCHASE FROM HUTCHINSON AREA HEALTH CARE BOARD OF DIRECTORS Action - Motion to approve consent agenda 7. PUBLIC HEARINGS - 6:00 P.M. (a) ORDINANCE NO. 07-0460-AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON CERTAIN LAND USE ACTIONS WITHIN THE HIGHWAY 7 CORRIDOR STUDY AREA 8. COMMUNICATIONS. REOUESTS AND PETITIONS . (a) PRESENTATION OF HUTCHINSON POLICE SERVICES 2006 YEAR-END REPORT (b) DISCUSSION OF WATER BILL CHARGES AT 1320 SOUTH GRADE ROAD SW 2 CITY COUNCIL AGENDA - MARCH 27, 2007 No action. . UNFINISHED BUSINESS 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF PROPOSED AMENDMENT TO CITY POLlCY NO. 3.18- SAFETY CLOTHING - REIMBURSEMENT Action - Motion to reject - Motion to approve (b) CONSIDERATION FOR APPROVAL OF A RESOLUTION NO. 13162 AMENDING THE METHOD OF DETERMINING SANITARY SEWER SERVICE CHARGES FOR THE CITY OF HUTCHINSON Action - Motion to reject - Motion to approve (c) CONSIDERATION FOR APPROVAL OF RESETTING BUDGET WORK SESSION FROM MARCH 29, 2007 Action - Motion to reject - Motion to approve (d) CONSIDERATION FOR APPROVAL OF SUMP PUMP PROGRAM PROPOSALS Action - Motion to reject - Motion to approve (e) CONSIDERATION FOR APPROVAL OF ITEMS RELATED TO THE CROW RIVER DAM REPLACEMENT PROJECT . Action - Motion to reject - Motion to approve (f) CONSIDERATION FOR APPROVAL OF RESOLUTION OF SUPPORT FOR MCLEOD COUNTY SOUTHWEST RING ROAD PROJECT (CSAH 115) Action - Motion to reject - Motion to approve (g) CONSIDERATION FOR APPROVAL OF DISCUSSION OF lvfN/DOT OUTREACH MEETING ITEMS Action - Motion to reject - Motion to approve (h) CONSIDERATION FOR V ACTION OF UTILITY EASEMENTS LOCATED BETWEEN 1209 AND 1205 LEWIS AVENUE S.W. REQUESTED BY STEVE WADSWORTH, PROPERTY OWNER WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13157) 0) CONSIDERATION OF RFP FOR INSURANCE BROKER SERVICES FOR WORKERS COMPENSATION, PROPERTY, COMP, AND LIABILITY INSURANCE Action - Motion to reject - Motion to approve 11. MISCELLANEOUS (a) COMMUNICATIONS .,. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 13. ADJOURN 3 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 13,2007 . I. CALL TO ORDER - 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Bill Arndt, Jim Haugen, and Kay Peterson. Member absent was Casey Stotts. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, CIty Attorney. 2. INVOCATION - Rev. Randy Adams, Riverside Assembly of God Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS Council Member commented that a former City of Hutchinson Fire Chief passed away yesterday. The Council had a moment of silence in his remembrance. 5. MTNUTES (a) REGULAR MEETING OF FEBRUARY 28, 2007 Motion by Haugen, second by Arndt, to approve the minutes as presented. Motion carried unanimously. . 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR FEBRUARY 2007 . 2. PUBLIC LIBRARY BOARD MEETING MINUTES FROM JANUARY 22, 2007 3. PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM FEBRUARY 5, 2007 4. BUILDING DEPARTMENT MONTHLY REPORT FOR FEBRUARY 2007 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13148 - RESOLUTION FOR PURCHASE (810 DIESEL, UNLEADED GASOLINE AND HYDRAULIC CONVEYOR) 2. RESOLUTION NO. 13149 - RESOLUTION SUPPORTING NEW STATE PARK ON GREENLEAF LAKE IN ELLSWORTH TOWNSHIP, MEEKER COUNTY 3. ORDINANCE NO. 07-0453 - AN ORDINANCE GRANTING AQUARIA PETS THE RIGHT TO PLACE TWO BICYCLE RACKS OVER AND ABOVE CERTAIN PROPERTY LOCATED ON PUBLIC PROPERTY LOCATED AT 30 MAIN STREET SOUTH (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 07-0458 - ~ORDINANCE REQUESTING TO REZONE PROPERTY FROM R2 TO C5 LOCATED AT 267 4 AVENUE NW FOR CHANGE OF USE FROM CHURCH TO PROFESSIONAL OFFICE BUILDING (SECOND READING AND ADOPTION) 5. ORDINANCE NO. 07-0459 - AN ORDINANCE AMENDMENT SPECIFYING ACCESSORY BUILDING REQUIREMENTS AND SECONDARY ACCESS DRIVES ON DOUBLE FRONTAGE LOTS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION) (c ) CONSIDERATION FOR APPROVAL OF ON-SALE INTOXICATING LIQUOR, CLUB AND WINE LICENSES FOR 2007 S(rA ) . CITY COUNCIL MINUTES - MARCH 13, 2007 ( d) CONSIDERATION FOR APPROVAL OF PERMISSION TO APPLY FORA 2007 FEDERAL FIRE ACT GRANT FOR PERSONAL PROTECTIVE EQUIPMENT (e) CONSIDERATION FORAPPROV ALOF OUT-OF-STATE TRA VEL FOR BRIAN MEHR TO ATTEND WATER & PROCESS TECHNOLOGIES WASTEWATER USERS' GROUP IN SCOTTSDALE, ARIZONA . (f) CONSIDERATION FOR APPROVAL OF ITEMS REGARDING SCHOOL ROAD PEDESTRIAN UNDERPASS PROJECT (LETTING NO.1, PROJECT NO. 07-01) (g) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR CROW RIVER HABITAT FOR HUMANITY ON AUGUST 19,2007 Items 6(b )5, 6( c), and 6(b)3 were pulled for separate action. Motion by Haugen, second by Arndt, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)3 had further discussion. Mayor Cook noted that the proposal for this item would be for one year, however only one rack should be approved. Motion by Arndt, second by Peterson, to change wording from two racks to one rack. Carried unanimously. Peterson, Arndt to approve. Carried unanimously. Item 6(b)5 had further discussion. Kay Peterson raised concerns about the older style of neighborhoods where the garage access is on the rear side and the front access to the home is on the front side. Kent Exner noted that developments are changing from through streets to cluster-type developments on collector streets in which properties get boxed in. The purpose of the ordinance is to limit multiple accesses that cause hindrances to other property owners. Motion by Arndt, second by Haugen, to approve Item 6(b). Motion carried unanimously. Item 6( c) had further discussion. It was clarified that the Best Western Victorian Inn should be removed from the list as a public hearing will soon be held for new ownership. Motion by Peterson, second by Haugen, to approve Item 6( c). Motion carried unanimously. 7. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF ON SALE INTOXICATING & SUNDAY LIQUOR LICENSE TO MEDINA HOSPITALITY GROUP LLC (BEST WESTERN VICTORIAN INN) Motion by Haugen, second by Peterson, to close public hearing. Motion carried unanimously. Council Member Arndt noted that he had some concerns that the applicant was not in attendance. Motion by Peterson, second by Cook, to approve intoxicating and Sunday liquor license to Medina Hospitality Group, LLC. Motion carried unammous1y. 8. COMMUNICATIONS. REQUESTS AND PETITIONS 9. UNFINISHED BUSINESS 10. NEW BUSINESS . (a) CONSIDERATION FOR APPROVAL OF ADOPTING CREEKSIDE COMPOST FACILITY MISSION STATEMENT Doug Johnson reviewed the Mission Statement that was developed by the Strategic Planning Committee of 2 5 CiA) CITY COUNCIL MINUTES - MARCH 13, 2007 . the compost facility. Mr. Johnson also spoke about some ofthe projects the Committee is working on and progress they are making in specific areas. Motion by Peterson, second by Arndt, to approve adoption of Creekside Compost Facility Mission Statement. Motion carried unanimously. Mr. Johnson further explained the processes the Strate~ic Planning Committee is going throu~ in order to follow through with mission statement of the organization, as well as create a long-term strategic plan for the facility. 11. MISCELLANEOUS (a) COMMUNlCATIONS Kent Exner noted that a notice will go out to City residents that the new water treatment plant will be in operation next week. General discussion was held regarding the improvements the new plant will bring to water quality. Gary Plotz - Mr. Plotz noted that the Spring s~cial clean-up will be held April 4, 2007. This is where white goods will be picked up at curbside. A flier will be going out with the utility bill. A special leaf pick-up will be held in April as well. Mr. Plotz also noted that a meeting needs to be scheduled to set budget objectives and review the fund balance. Motion by Arndt, second by Peterson, to set March 29,2007, from 1:00 - 5:00 p.m. at the City Center to discuss 2008 budgeting objectives. Bill Arndt noted that a meeting regarding the Luce Line Trail will be held March 31,2007, from 10:00 a.m. - 12noon at the Silver Lake Auditorium. . Motion by Arndt, second by Haugen, to set the above date and time as a public meeting. Motion carried unanimously. Kent Exner noted that on March 30, 2007, from 9:00 a.m. - l2noon, MnDOT is holding an outreach meeting at the Holiday Inn in Willrnar. Motion by Peterson, second by Arndt, to set the above date and time as a public meeting. Motion carried unanimously. Kent Exner also noted that he, the mayor and Don Roecker, federal funding consultant, met with the City's federal legislators to discuss funding of the wastewater treatment plant. The City is requesting a grant in the amount of $1 million. 12. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Arndt, second by Peterson, to approve claims, appropriations and contract payments. Motion carried unanimously. 13. ADJOURN Motion by Arndt, second by Haugen, to adjourn at 6:30 p.m. Motion carried unanimously. . 3 c;(Ov} . . . BID OPENING LETTING NO. 1A1PROJECT NO. 06-01A MONTANA STREET NW MARCH 13, 2007 AT 9:00 A.M. Present: Ken Merrill, Finance Director Kent Exner, City Engineer Melissa Starke, Recorder Sharon Artmann, Recorder The Bid Opening was called to order at 9:00 a.m. by Ken Merrill. Mr. Merrill noted that the City Council reserves the right to reject all bids and to waive any informalities and irregularities. The reading of the Advertisement for Bids was waived and the following bids were opened and read aloud: Duininck Bros. Inc. 408 6th SI., Po Box 208 Prinsburg, MN 56281 Bid Amount: $204,270.03 Hjerpe Contracting Inc. 16246 Hwy 15 South Hutchinson, MN 55350 Bid Amount: $208,170.30 R&R Excavating Inc. 1149 Hwy 22 South Hutchinson, MN 55350 Bid Amount: $186,194.16 Wm. Mueller & Sons, Inc. 831 Park Avenue Hamburg, MN 55339 Bid Amount: $208,576.81 Closed: 9:07 a.m. ATTEST: Steven W. Cook Mayor Gary D. Plotz City Administrator 5 (b) . +HUTCHINSON AIRPORT COMMISSION October 19, 2006 5:30 p.m. Airport ArrivallDeparture Building Minutes Members present: Dave Skaar, Doug McGraw, Dick Freeman, Joel Schwarze Members absent: Chuck Brill Others Present: John Olson, City of Hutchinson; Tom Parker, Hutchinson Aviation; Joe Dooley, Tim Miller, John Miller, Julie Neubarth (pilots) Meeting called to order at 5:35 p.m. There was a quorum of members present. 1., ADDrove MiD utes of SeDtember 28. 2006 meetin2 Motion made by McGraw, second by Freeman to approve minutes. Unanimous approval. b Airoort Commission ADl>Ointmenl. City Council reappointed Chuck Brill to the Commission at the October II City Council meeting. Chuck's term expires September 2011. ~ 2006 AirDort 'mDrovements - T-Han2ar construction . Olson updated the Commission regarding progress on the project to-date. Shop drawings have been submitted and reviewed. The building permit has been issued. Anticipate concrete work to begin the week of October 23. Olson reported there were some required change orders for the project. The first change order addressed installation of a wrap-around grade beam at door entrances to the utility rooms. The beam is strung from pillar to pillar under the entrances to the utility rooms to avoid settling issues at those doors. The cost is estimated at $4,665. The second change order is for installation of additional pedestrian door to comply with code for accessibility. The cost is estimated at $1,172. There were no other potential issues identified. :!, Close-out of existin2 federal nrolects Olson reported that for the 2004 federal project, the last engineering bill was submitted for payment. For the 2005 federal project, all but the electrical portion has been submitted for payment. Motion made by McGraw, second by Freeman to recommend the City Council terminate the contract with Quade Electric, Inc. and find another qualified contractor to complete the work. Unanimous approval. ~ Review orivate and/or commercial ooerations activitv After discussion regarding the lease with Life Link III, Commissioners agreed the lease should include provisions that Life Link III install a concrete pad off the existing apron and an underground electrical connection for the helicopter. The lease is to also include provisions to allow installation of appropriate aircraft monitoring devices so Life Link III can comply with recommendations outlined by accreditation organization. recommended. Life Link III will need to put in a web-<:am system to monitor the aircraft 2417. The new lease should rellect that. . 6. Other Discussions A copy of the most recent financial statement provided by the City's finance department was distributed. ~(o-) I . . . L New Business Olson presented a draft hangar policy for consideration. Commissioners agreed the draft should include allowing existing hangar tenants to have first opportunity to for available hangar space, with priority given to tenants with greatest longevity. Commissioners agreed the draft policy should identifY distinctions between individuals and entities other than individuals, such as partnerships, flying clubs, corporations, etc. Commissioners agreed the draft policy create only one waiting list for hangar space. Olson and City staff will be working on a draft policy. The draft policy will be distributed to Commissioners and will be addressed at a future meeting. Freeman noted two lights, one on building #3 and one near the fueling site need to have bulbs replaced. Motion to adjourn at 7:05 made by Schwarze, second by Freeman. Unanimous approval. NEXT MEETING: Tentatively scheduled for November 16,2006 at 5:30 (0(0.)\ . . . +HUTCHINSON AIRPORT COMMISSION November 16,2006 5:30 p.m. Airport ArrivallDeparture Building Minutes Members present: Dave Skaar, Chuck Brill, Doug McGraw, Dick Freeman, Joel Schwarze Others Present: John Olson, City of Hutchinson; Tom Parker, Hutchinson Aviation; Daryl Luthens, Joe Dooley, Tim Miller - Hangar tenants Meeting called to order at 5 :34 p.m. There was a quorum of members present. 1:. Annmve Minutes of October 19. 2006 meetin!! Motion made by McGraw, second by Brill to approve minutes. Unanimous approval. 2. 2006 Airoort Imvrovemenls - T -Han!!ar construction Olson updated the Commission regarding progress on T-hangar construction, to date. The foundation/concrete work is finished and the electrical conduit has been installed. According to Jason at Midland Bi-Fold Doors, the structural steel is being fabricated currently. He expects the building components will be delivered and erection of the building will start in December. Extra care will need to be taken to protect the anchor bolts during snow removal. ,1 C1ose--out of existin!! federal vroiecls Olson reported of progress regarding close--out of existing federal projects. The 2004 Airport Improvements project has been completely closed out. For the 2005 Airport Improvements project, all but electrical portion has been submitted for payment After the request for the Commission to consider recommending to Council termination of the contract with Quade Electric for non-performance, the materials were ordered and we expect shipment of materials in the near future. ~ Review orivate and/or commercial ooeratioDS activity Olson presented draft lease with Life Link Ill. Commissioners discussed a prepaid one year term, with an assumed $0.25 per square foot lease rate. In addition, Life Link II1 will be charged for 3,000 gallons per month to calculated water and sewer charges. The lease was extended through November 30, 2006 at the October 24 City Council meeting. The fmallease language will be presented for the November 28, 2006 City Council meeting. Motion made by Brill, second by Schwarze to approve proposed lease provisions. Unanimous approval. ~ Other Discussions Olson presented the most recent budget information from September 2006 for informational purposes. Commissioners identified that the budget is less than 75% spent, which was seen as positive. Commissioners reviewed the proposed hangar policy. Discussion followed to clarify some items, including: a. Allow existing hangar tenants first opportunity to move into available hangars b. Combine the in-town and out-of town waiting lists into one waiting list, and offer available space in ascending order by date the applicant was placed on the waiting list. c. Clarified procedures. Motion by Schwarze, second by Brill to approve proposed hangar policy language and present to the City Council at their next meeting. Unanimous approval. v( Ct) l . . . 1" New Business The Commission discussed proposed hangar rental rates for 2007. Generally, costs went up between 6-9%, as there has not been a rate increase in two years. In-town rates were proposed at: a. Hangar # I (Open hangar) ~ $ 35 6% increase b. Hangar #2 (Old enclosed hangar) ~ $ 60 'PIO increase c. Hangar #3 (Large enclosed hangar) ~ $100 8% increase d. Hangar #3/1 and #3/5 (Twin hangars) ~ $175 8% increase e. Hangar #4 (Hangar under construction) ~$I 00 n/a The Commission discussed potential agricultural land lease. There are approximately 84 agricultural acres for lease. Commissioners discussed the preference to have alfalfa as a primary crop, if possible. However, it is more important to get as much rent as possible to support the airport operations. The Commission will discuss options at it next meeting in December. At 6:47, a motion to adjourn was made by McGraw, second by Brill. Unanimous approval. NEXT MEETING: December 21, 2006 o (a) \ . . . +HUTCHINSON AIRPORT COMMISSION December 21, 5 :30 p.m. Airport ArrivaVDeparture Building Minutes Members present: Dave Skaar, Chuck Brill, Doug McGraw, Dick Freeman Members absent: Joel Schwarze Others Present: John Olson, City of Hutchinson; Karl Heisel; George Lohtka; Daryl Luthens; Todd Walters; Julie Neubauer; Joe Dooley, pilots Meeting called to order at 5:32 p.m. There was a quorum of members present. 1:. Annrove Minutes of November 16. 2006 meetin2 Motion made by Freeman, second by McGraw to approve minutes. Unanimous approval. 2. 2006 Airnort Imnrovements - T -"an2ar construction I) Olson updated Commissioners on project progress to date. The foundation concrete and electrical conduit is completed. Much of the framing is complete. The contractor has submitted a schedule as follows: a. Structural steel: December 18 to December 22 b. Cladding, roof, exterior wall, doors, interior walls: January 2 to January 12 c. Electrical: January 8 to February 2 d. Certificate of Occupancy: February 5 2) Identification of potential issues: a. The contractor expressed that this schedule would be subject to weather conditions. Olson mentioned that all parties involved in snow removal at the airport must be aware and use extra care to protect the construction site during snow removal. ~ Close-out of existin2 federal nroiects 1) 2005 - All but Electrical portion has been completed. Expecting a partial billing on a portion of the electrical project that is done. Siemens is sizing a ferro-resonant regulator. Quade's has supplied them with appropriate lighting system data, and engineers at Siemens are comparing the supplied infonnation to ensure the regulator is of an appropriate size. When the regulator is sized, the products will be shipped for installation. ~ Review nrlvate andlor commercial onerations activity 1) FBO - there were no reported issues with Hutchinson Aviation. 2) Life Link Ill- there were no reported issues with Life Link Ill. 21 Other Discussions I) Capital Improvement Plan. Because of the existing balance of Federal AlP funds, the following 5-year CIP was discussed: a. 2007 - Airport Layout Plan (ALP) update, including airport zoning and study oflocation of future hangars relative to GPS approach. b. 2008 - Apron expansion c. 2009 - Pavement improvements (runway, taxiway) d. 20 II - Hangar Co(o.) I . . . 2) Existing hangar (#3-6): a. Hangar #3-6 was assigned to Todd Walters. Motion by McGraw, second by Skaar. Unanimous approval. b. Commissioners requested that City staff send a letter to all hangar tenants to learn if they would like to move from their existing hangar when the new hangar is completed and ready for occupancy. The letters are to be returned to the City in time to compile the results and have them ready for the next Airport Commission Meeting. Commissioners stated they intended to begin the process of assigning hangar spaces, based on the responses received and the new policy. The next regularly scheduled meeting is proposed for Thursday January 18,2007. !!l New Business 1) Recommend awarding agricultural lease. A motion was made by McGraw, second by Freeman to recommend lease be awarded to Skyview Dairy, Inc. Unanimous approval. 2) Chair Dave Skaar informed the Commission of an opportunity to learn about the Open Meeting Law hosted by the Hutchinson Leader. The meeting will be held at 9:30 on Thursday January II at the City Center. Skaar invited Commissioners to attend. He reminded them to RSVP to Mellissa Sullivan at the Leader by Tuesday January 9. 3) Olson was instructed to put the Airport Commission meetings on the City calendar. Meetings will be scheduled for the 3" Thursday of the month at 5:30 p.m. at the Airport Conference room. At approximately 6:45, a motion to adjourn was made by McGraw, second by Freeman. Unanimous approval. NEXT MEETING: scheduled for Thursday January 18, 2007 Co( C\) I . . . +HUTCHINSON AIRPORT COMMISSION January 18,20075:30 p.m. Airport Arrival/Departure Building Minutes Members present: Chuck Brill, Doug McGraw, Dick Freeman, Joel Schwarze Members absent: Dave Skaar, Otbers Present: John Olson, City of Hutchinson; Several hangar tenants and pilots also attended the meeting. Meeting called to order at 5:30 p.m. There was a quorum of members present. L 2006 Alroort Imnrovements - T-Hanear construction 1) Olson updated Commissioners on project progress to date. An inspection will be held in early February. The contractor has submitted a proposed schedule for completion of approximately mid-to- late February. b. Establish List of Tenant Loneevltv 1) Commissioners and those present assisted in preparing the list of tenants, by longevity. Dates were assigned to the tenants, as indicaten on the attached memorandum prepared using meeting notes. ,l" Assiened Hanear Snace wben New T-Hanear Becomes Available 1) Commissioners and those present assisted in preparing the assigned hangar spaces, in accordance with the existing Hangar Policy, as indicated on the attached map. At approximately 6:45, a motion to adjourn was made by McGraw, second by Freeman. Unanimous approval. NEXT MEETING: Scheduled for Thursday February 15,2007 W (0) ) . . . January 19,2007 City of Hutchinson Hutchinson Municipal Airport - Butler Field Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234-4219 Fax (320) 234-6971 To: Airport Commission members From: John Olson, Public Works Manager Subject: Priority order for Hangar Tenants (established at the January 18,2007 meeting) The priority listing of current hangar tenants established at the last Airport Commission meeting is as follows: J. Joe Dooley 2. Bernie Knutson 3. Triple D Aviation 4. M'Cloud Aviation 5. Cliff Kieper 6. Tom Parker 7. Tim Miller 8. Kathy Bishman 9. James Mona 10. Henry Reiner 11. Tri.Pacer Flying Club (I) 12. Skyview Dairy (Luthens) 13. Charles Brill 14. George Lhotka 15. Dick Freeman 16. Todd Walters 17. Boy Scout Explorers Flying Club 18. Jeffrey Lux 19. Robert Hantge 20. Brent Reiner 2 J. Craig Reiner Waiting list: I. Jay Heil 2. Karl Heisel 3. Tim Huiras 4. Julie Neubarth 5. Randy Bryant 6. Donald Abner 7. Tri-Pacer Flying Club (II) 8. Tim Cox 9. Skyview Dairy 07/01/83 07/01/84 07/01/85 07/01/86 12/01/86 07/01/87 07/01/89 07/01/91 10/01/93 07/01/95 07/01/99 07/01/00 07/01/01 07/01/02 09/01/03 07/01/04 02/01/05 05/01/05 10/01/05 05/01/06 10/01/06 02/01/07 02/02/07 02/04/07(passed over once) 02/05/07 02/06/07(passed over once) 02/07/07(passed over once) 02/08/07 02/09/07 02/1 0/07 Wp)1 . . . Uoon CDIIfDle/lon ~ _8........2 3t~PublicWIHb - Aviation CMJ FBC Air p- H"",", Kathy BismllllIl O!,fJlI91 Horny Rom" 071fJ119J Tri.Pacer FJ;ing Club (I) TripleD O71Q1199 Aviation 07iUJ/85 Chuck BriU O7IfJJ/()l Cliff Ki_ 1]1fJ1I86 st""" .......~d $60,OOR~idcn: $70.00Noofft:idat 41'xn' H BIIU Nl ShcrpRep* nlMlirtelWlC>e (Public:WodaDqll) Boy Scout Available Explorer> O]/QllOS Karl Heisel O]1()lI(J7 AvaUable Julio Neuharth Available OmJ!(J7 Tri~Pacer Flying C1ub(Il) OlA>l/Ol Available Available Tim Cox OW9lO7 00 -- $3~.OO Rcsidc:rt S40.00Noo-rt:IidClt 41'X32' r:IPUBLlC WORKSlAIRPORT~v'IIle HmgznIAirport MIp HaqarBllUlIIngH 3 Lynn Craig Todd Card Co Reiner Will", 07,f)1184 1ooJI06 07101f()4 Tom Tim p",,, Miller 07/0//87 M'Cloud Brent JayHei1 (1710//89 Aviation R""", 02/()/107 07/01/86 OJAJlllO!5 ........ #1.,3,4,6,7, II $100,00 Relidat SIIO.OONon-relidcft 44'X3(i' #1&#5 $1 n.OQ ReQdm SI85.00Non-n:sido-t 54'X.52' w '-$N . TomPal:ter 07iOlIf!T ......... $IOO.OO.Relidenl ~ S110.00. NOfH"ClIid.en. storap: SpKeI A&. B S40.oo l.lIIt~cd:JUUIl'} 18,'lfXn MportCorTVni:liliooMettin@ (0(0) l . . . +HUTCHINSON AIRPORT COMMISSION February] 5,2007 5:30 p.m. Airport ArrivaVDeparture Building Minutes Members present: Chuck Brill, Dick Freeman, Joel Schwarze Members absent: Dave Skaar, Doug McGraw Others Present: Mayor Steve Cook, City of Hutchinson; John Olson, Public Works Manager, City of Hutchinson; Tom Parker, Hutchinson Aviation; Julie Neubauer; Joe Dooley; Brent Reiner; Jay Heil; Shane Luthens; Daryl Luthens - Hangar tenants Meeting called to order at 5:35 p.m. There was a quorum of members present. L Approve Minutes of December 21, 2006 and January 18,2007 meetin!!s Motion made by Freeman, second by Schwarze to approve minutes. Unanimous approval. :b. Review Priority order for Han!!ar Tenants 1) Review attached memorandum for potential corrections. a. There was a significant amount of discussion by many present related to placement of Skyview Dairy at position number 12 on the January 18 meeting. Brent Reiner questioned whether Skyview had had a valid lease relationship with the City for the amount of time indicated by their placement on the tenant priority list. b. After a significant amount of discussion by several present, the decision was made by the Commission to request documentation ITom Skyview (Daryl, Shane andlor Brandon, included) of lease documents, payment documents or other items indicating the length of their tenancy. City staff was also directed to see if any other documentation Was available ITom the City to help determine the length ofSkyview's tenancy. c. The Airport Commission will review any documents available at the March 15 meeting and make a final determination relative to Skyview's placement on the hangar tenant priority list. ~ Review Hanl!sr Assirmments noon ComDletioD of "onear #4 1) Review assignments for potential corrections. The map included with the agenda will be used for hangar assignments when Hangar #4 becomes available for occupancy. 2) There may be changes to available hangar space, pending the results of the review of Skyview at the March 15 meeting. 3) Olson indicated the potential for receiving a temporary certificate of occupancy in the very near future. Airport Commission Minutes February 15,2007 Page 2 (P(CA) I . ~ ODe rational Issues I) Amateur Radio Club requests use of conference room for testing from approximately 10:00 a.m. to noon on February 24, 2007. There are no known conflicts for use of the conference room. 2) Amateur Radio Club is proposing an emergency communications exercise at the airport on June 23 and 24,2007. Amateur Radio Club personnel have spoken with the Civil Air Patrol and Hutchinson Aviation and there are no known conflicts with that date. !h Other Dis<:ussion. I) When Hangar #4 becomes available, the keys will be distributed by Tom Parker, Hutchinson Aviation. Thank you, Tom, for your assistance. Your help is appreciated. New Business 1) There was no new business. At 6:40, a motion to adjourn was made by Schwarze, second by Freeman. Unanimous approval. NEXT MEETING: March 15, 2007 at 5:30 p.m. in the Airport Conference Room . . u{C\) I . . . ~~~n~ Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, January 16,2007, 7:00 AM Minutes 1. CALL TO ORDER: Secretaryrrreasurer Becky Felling called the meeting to order. Members Present: Joel Kraft, LaVonne Hansen, and Ruth Kimball. Staff Present: Jean Ward and Judy Flemming. 2. MINUTES OF THE HRA BOARD MEETING ON DECEMBER 19,2006 Ruth Kimball moved to approve the Minutes as written. Joel Kraft seconded and the motion carried unanimously. 3. FINANCIAL REPORTS a. Jean Ward told the Board that the City Center Financia1s do not include the accruals. Joel Kraft moved to approve the City Center Financials. Ruth Kimball seconded and the motion carried unanimously. b. Joel Kraft moved to approve the Park Towers Financia1s. Ruth Kimball seconded and the motion carried unanimously. 4. RESOLUTION #07-1 a. LaVonne Hansen moved to approve Resolution #07-01, Authorizing Mileage Reimbursement According to IRS Set 2007 Rates. Joel Kraft seconded and the motion carried unanimously. 5. PARK TOWERS a. Jean Ward informed the Board that the Cingular Lease was executed. She did receive a Certificate of Insurance. Now she is just waiting for them to install the devise. b. Jean Ward reviewed with the Board the Memorandum listing the results and actions of the January 4th HOD inspection. She will be collecting more information on the need and use of the pull cords in the apartments. c. Jean Ward reviewed with the Board the 2007 Operating subsidy, first quarter 76.4% eligibility. d. Jean Ward reviewed with the Board the quote for a resident activities office computer. LaVonne Hansen moved to approve the quote for the resident activities office computer. Joel Kraft seconded and the motion carried unanimously. 6. CASA WORKFORCE HOUSING INITlA TIVE UPDATE a. Jean Ward reviewed with the Board the press release and flowcharts for the program. b. The Board discussed the Housing Inspection Fee for Pre-application for the CASA Rehab Program. One idea was to suggest to the applicant to submit a purchase agreement contingent to the home being eligible for the CASA Rehab Program. Joel Kraft moved to approve the Housing Inspection Fee for Pre-application for the CASA Rehab Program. Ruth Kimball seconded and the motion carried unanimously. 7. UPDATE ON REHAB APPLICATION TO DEED Jean Ward reviewed with the Board the draft PowerPoint presentation for the public hearing meeting at the January 23rd City Council Meeting. 8. UPDATE ON THE SCHOOL CONSTRUCTION HOUSE Jean Ward informed with the Board that there were two possible parties that were interested in purchasing the school house already. The purchase price will be set once the Building Better Neighborhoods purchase price limits are set by GMHF which will be hopefully at the end of this January 16,2007 Minutes ~{()}l Page 1 of2 . . . month. Once the purchase price is set, the Board decided to advertise the home for sale in the local paper for everyone to see and have a chance to put in an offer. 9. UPDATE ON HOUSE CLEAN-UP EMERGENCY LOAN a. Judy Flemming reviewed with the Board the fIrst House Clean-up Emergency Loan. b. Jean Ward reviewed with the Board the proposed subordination policies. LaVonne Hansen moved to approve the subordination policies. Ruth Kimball seconded and the motion carried unanimously. 10. CONSIDERATION OF REVISED HRA FEE SCHEDULE Ruth Kimball moved to approve the revised HRA fee schedule. Joel Kraft seconded and the motion carried unanimously. 11. COMMUNICATIONS a. Jean reviewed the Minnesota Nahro 2007 Legislative Agenda with the Board. b. Petition by Nahro to limit operating subsidy losses to 5% for PHA's with fewer than 250 units c. Nahro publication-"Paying the Price: The Costs of Cutting Public Housing Funding" d. Salon FulfIlls Owners Dream 12. ADJOURNMENT Joel Kraft moved to adjourn. Ruth Kimball seconded. There being no other business, Secretaryrrreasurer Becky Felling declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director j~f:;~s"reillryrrre"~~ January 16,2007 Minutes Page 2 of2 (p(o)z. . ~...rt5lr-i~Sl~~ Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, February 20, 2007,7:00 AM Minutes 1. CALL TO ORDER: Chairman Casey Stotts called the meeting to order. Members Present: Joel Kraft, and Ruth Kimball. Staff Present: Jean Ward and Judy Flemming. 2. MINUTES OF THE HRA BOARD MEETING ON JANUARY 16,2007 Joel Kraft moved to approve the Minutes as written. Ruth Kimball seconded and the motion carried unanimously. 3. MONTHLY FINANCIAL REPORTS AND 2006 YEAR END PRE-AUDIT Joel Kraft moved to approve the Monthly Financia1s Reports and 2006 Year End Pre-Audit. Ruth Kimball seconded and the motion carried unanimously. . 4. PARK TOWERS a. Jean Ward reviewed the Board the Public Housing Management Assessment. Ruth Kimball moved to approve Resolution #07-02 Board Resolution Approving Public Housing Assessment System (pHAS) Management Operations Certification. Joel Kraft seconded and the motion carried unanimously. b. Joel Kraft moved to approve Resolution #07-03 Resolution for Deletion of a Computer Purchased 7/20/99 and a Computer Purchased 4/17/2001. Ruth Kimball seconded and the motion carried unanimously. c. Jean Ward reviewed with the Board a memorandum in regards to the pull cord survey and recommendation. Joel Kraft moved to approve the recommendation of removing the obsolete pull cord system and replace it with the Guardian 911 system for Allina Home Oxygen & Medical Equipment. Ruth Kimball seconded and the motion carried unanimously. d. Jean Ward reviewed with the Board the proposals for the renewal of the commercial property insurance. Joel Kraft moved to approve the proposal from Housing Authority Insurance. Ruth Kimball seconded and the motion carried unanimously. e. Jean Ward reviewed with the Board the HUD Proposed FY 2008 Budget. 5. UPDATE ON THE SCHOOL CONSTRUCTION HOUSE a. Judy Flemming reviewed with the Board the flooring bids for the School Construction House. Joel Kraft moved to approve the flooring bid from Multiple Concepts Interiors. Ruth Kimball seconded and the motion carried unanimously. b. The Board reviewed the Marketing AdJF1yer 6. HHPOP UPDATE a. Joel Kraft moved to approve HHPOP Loan #8826 for Rolling Meadows East contingent to the Loan Review committee's Approval. Ruth Kimball seconded and the motion carried unanimously. 7. YEAR END REPORT Jean Ward reviewed with the Board the HRA Year End Report. . 8. COMMUNICATIONS None February 20, 2007 Minutes Page 1 of2 G(o)Z-. . . . 9. ADJOURNMENT Ruth Kimball moved to adjourn. Joel Kraft seconded. There being no other business, Chairman Casey Stotts declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director , ri-2{l,j;Y>i ; I 'J f." I JAJ/vl/v'/[ Beck elling, Secretaryrrreasurer February 20, 2007 Minutes &(0. ) z- Page 2 of2 . MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, February 20, 2007 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: Christie Rock, John Lofdahl, Jim Haugen, Lynn Otteson (6:40), Mike Flaata, Farid Currimbhoy and Chairman Kirchoff. Absent: None Also present: Rebecca Bowers, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attomey and Bonnie Baumetz, Planning Coordinator 2. OATH OF OFFICE AND INTRODUCTION OF NEW PLANNING COMMISSIONER CHRISTIE ROCK 3. APPROVAL OF MINUTES a) Consideration of Minutes dated January 16, 2007 . Mr. Lofdahl moved to approve the minutes of January 16, 2007 as submitted. Seconded by Mr. Haugen. The minutes were approved unanimously. 4. PUBLIC HEARINGS a) CONSIDERATION OF A 5 LOT PRELIMINARY PLAT TO BE KNOWN AS EXCELSIOR ADDITION AND A VARIANCE TO REDUCE LOT DEPTH ON TWO LOTS LOCATED EAST OF ROTARY PARK SUBMITTED BY JEFF MUNSELL Chairman Kirchoff opened the hearing at 5:42 p.m. with the reading of publication #7547 as publiShed in the Hutchinson Leader on Thursday, February 8, 2007. Ms. Bowers commented on the 5 lot preliminary plat and explained the location and the street change. She explained these will be single family lots and meet area and setback requirements. She reported two lots will require a variance for the 90' lot depth. She stated these will be manufactured homes with attached garages and full foundations. The utility site plan shows the building location for each lot. She explained the street name will be changed to Alaska Court as requested by emergency services personnel. She stated the homes will meet all required setbacks. Staff recommendations were as follows: . 0(0..) 3 Minutes Planning Commission - February 20, 2007 Page 2 . 1. The preliminary plat and plans shall be revised to comply with the required revisions and comments listed in the City Engineer's memorandum dated February 12, 2007. Final plan approval is subject to City Engineer's approval. 2. A variance is warranted for lot depth between Block 1, lots 1 & 2 and 4 &5 based upon the hardship of the unique characteristics of the property and infill site. The property could be platted with 5 iots to meet lot size and setback requirements, however could not meet the lot depth requirement for the two center lots because of the shape of the infill parcel. The variance would allow for the public road and cul-de-sac diameter to meet city standards. 3. Construction on the lots must meet the setback and coverage requirements of the R-2 zoning district. 4. The location of garages and driveways shall be coordinated to align garages and driveways to minimize utility conflicts and maximize green space. Lots 1 & 2 and 4 & 5 shall have their driveways aligned to the side of the lot along the shared lot line. . 5. A subdivision agreement will be required prior to approval of the final plat. Fees shall be paid in accordance with this agreement. Escrow for the cost of two trees per lot (10 trees) shall be paid prior to signing the final plat. 6. A stop sign will be required at California and Alaska Court and will be included as a requirement in the subdivision agreement. 7. The applicant will coordinate with adjacent property owners and the project surveyor regarding identification of the property lines and any necessary relocation of accessory buildings that encroach onto the subject property. Ms. Bowers commented on the trail relocation. The City trail encroaches onto the applicant's property. She also commented on the hardship for the variance stating the site is an infill with surrounding platted lots. Staff recommends approval with City Engineer's recommendations. Ms. Bowers stated the public cul-de-sac meets city guidelines. Discussion followed on the 5' driveway setback. Marty Campion, Otto Assoc., stated the property owners concur with staff recommendations. . Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Currimbhoy. The hearing closed at 5:50 p.m. Mr. Haugen made a motion to recommend approval of the preliminary plat and variance with the hardship of the property being an infill lot with staff recommendations. Seconded by Mr. Lofdahl, the motion carried unanimously. Ms. Baumetz &((J)~ Minutes Planning Commission - February 20, 2007 Page 3 . stated this item will be placed on the City Council consent agenda at their meeting held February 27, 2007, in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A REQUEST TO REZONE PROPERTY FROM R2 TO C5 LOCATED AT 267 - 4TH AVE NW. FOR CHANGE OF USE FROM CHURCH TO PROFESSIONAL OFFICE BUILDING Chairman Kirchoff opened the hearing at 5:51 p.m. with the reading of publication #7548 as published in the Hutchinson Leader on Thursday, February 8, 2007. . Ms. Bowers explained the rezoning request and the present church use of the property. She stated the property is in an R2 District presently and must be rezoned for the proposed office building use. She explained the zoning in the area is a mixture of zoning districts and C5 (Conditional Commercial) is abutting this property. She reported the area along Hwy 7 is in transition. There is commercial to the south of this property. Ms. Bowers stated there are no permitted uses in the C5 district and that any use will need a conditional use permit. She explained the Planning Commission should consider the Comprehensive Plan and what it projects for zoning. The Comprehensive Plan shows this as recommended for residential development. She reported Staff looked at the surrounding uses and the unique area as commercial. This use is consistent with the C5 uses. Staff recommendations and approval as follows: 1. The rezoning would be consistent with the intent of the Comprehensive Plan and Zoning Ordinance, due to its location on Highway 7, adjacent C-5 zoning, surrounding commercial guiding and the transitional nature of the area. Buffering with coniferous trees and/or shrubbery is required between the commercial and residential zone to the north. A landscaping plan is required and must be approved by the City Forester and Planning Director. The rezoning will expire within one year from the date of approval if the use does not change from the church to a business office. Review and approval of a conditional use permit is required prior to the change in use, as required by the Zoning Ordinance. Additional conditions may be required in order to satisfy the specific conditional use permit standards during the review of the conditional use permit application. 2. 3. 4. . Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Flaata, the hearing closed at 5:58 p.m. Mr. Lofdahl made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Currimbhoy, the motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held February 27,2007, in the Council Chambers at 5:30 p.m. (p{(}.) 5 Minutes Planning Commission - February 20, 2007 Page 4 . c) CONSIDERATION OF A CONDITIONAL USE PERMIT AND SITE PLAN TO CONSTRUCT A DRIVE UP BANK FACILITY LOCATED IN THE IIC DISTRICT AT 745 HWY 7 W SUBMITTED BY HOME STATE BANK Chairman Kirchoff opened the hearing at 5:59 p.m. with the reading of publication #7549 as published in the Hutchinson Leader on Thursday, February 8, 2007. Ms. Bowers commented on the request located in the IIC (Industrial Commercial) district. She explained all uses in this district require a conditional use permit. She stated the site plan and conditional use permit include a new bank facility and a new parking lot with drive thru lanes. She commented on the future expansion area. She commented on the building to be constructed and the site plan. Ms. Bowers stated the request meets all requirements and exceeds the setback requirements and traffic flow requirements. The landscape plan exceeds the required number of plantings. There will be both a monument sign and pole type sign on the property. Sign age requires permits. The proposed signage meets the City sign ordinance requirements. The applicant must follow the City Engineer's requirements and the following staff recommendations: 1. . 2. 3. 4. 5. The proposed use would meet the standards for granting a conditional use permit. The proposed addition and site improvements would comply with the standards of the IIC district. Sign permits are required prior to installation of the signage. The future building and parking expansion areas will require site plan approval in accordance with the Zoning Ordinance standards in place at the time of planned expansion. Plans shall be revised to meet the preliminary plan review comments included in the City Engineer's Memorandum dated February 12, 2007. Final plans require approval of the City Engineer prior to construction. 6. Park Dedication fee of $860 will be due at the time of building permit. 7. SACIWAC fee in the amount of $5,900 (2 units x $2,950) will be due at the time of building permit. 8. As with all businesses on the Highway 7 corridor; a reminder that access during the reconstruction of the highway will be challenging. Discussion followed of the proposed access for the businesses to the west. The westerly properties have access from Hwy 7. Nancy Dwinell, property owner to the west, questioned the service road recommended by MNDOT previously. Mr. Exner commented on the consideration of a service road in front of the businesses to the west. He stated MNDOT's final design does not include a service road. There will be shared accesses along Hwy 7 W. He explained MNDOT left each . h((A)3 Minutes Planning Commission - February 20, 2007 Page 5 . property access rights to all properties. Mr. Exner stated no service road will be constructed in the future. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Lofdahl, the hearing closed at 6:08 p.m. Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Rock, the motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held February 27, 2007, in the Council Chambers at 5:30 p.m. d) CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW A USED AUTOMOBILE BUSINESS TEMPORARILY IN THE GATEWAY DISTRICT LOCATED AT 16919 HWY 7 EAST SUBMITTED BY JAMIE EMANS, EMANS AUTO SALES Chairman Kirchoff opened the hearing at 6:09 p.m. with the reading of publication #7550 as published in the Hutchinson Leader on Thursday, February 8, 2007. . Ms. Bowers explained the request and the location. She explained the request is related to the construction on Hwy 7 West this year. The temporary use will take place from April 15, 2007 - October 15, 2007. She presented the applicant's drawing showing the office, lot space, and restroom space. She stated this is an unusual request and recommendations should include that this is the only temporary use allowed on this property. Staff recommendations and approval are as follows: 1. An adequate gravel base shall be placed on site to support the trailer, portable toilet, and vehicles. 2. The conditional use permit is temporary and will expire October 15,2007. 3. Electric service to the site must be properly abandoned by November 1, 2007. 4. This is a one time temporary use specifically related to Highway 7 construction. No other temporary uses will be allowed on this property in the future due to the requirements the Gateway District and concerns over the appearance of temporary uses. Discussion followed on the October 15111 date being long enough. Mr. Exner stated this site is in the construction portion of Hwy 7. The construction this year is very utility intensive. Discussion followed on the construction season. There was also discussion regarding the lighting and security on the property. . Jamie Emans, Emans Auto Sales, stated the lighting will look good. He stated there will possibly be one light by the office. He stated the minute the road is done he will be moving back to his location. He explained that October 1 ,1 is the target date to move back. He commented on the sign which will be placed on the site. 0(a)3 Minutes Planning Commission - February 20, 2007 Page 6 . Mr. Haugen made a motion to dose the hearing. Seconded by Mr. Currimbhoy, the hearing closed at 6:18 p.m. Mr. Flaata made a motion to recommend approval of the request with staff recommendations noting a sign permit is required prior to placement. 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 held February 27, 2007, in the Council Chambers at 5:30 p.m. e) CONSIDERATION OF A CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT TO ALLOW FOR A REDUCTION IN LOT WIDTH AND LOT AREA FOR CONSTRUCTION OF lWlN HOME LOCATED AT 560/564 HILLTOP DRIVE N.E. SUBMITTED BY CROW RIVER HABITAT FOR HUMANITY Chairman Kirchoff opened the hearing at 6:19 p.m. with the reading of publication #7551 as published in the Hutchinson Leader on Thursday, February 8, 2007. . Mr. Lofdahl stated he will abstain from the discussion and voting. Ms. Bowers commented on the request and the location. She stated the lots have been previously split. She explained the conditional use permit request is an extension of the planned development district that was approved previously but has since expired. She commented on the request to allow a 66 foot lot width and reduce the lot area for one lot which is short of the 5,000 sq. ft. requirement. Staff approved with conditions as follows: 1. Each unit must have separate water and sewer service. 2. Parkland dedication is $135.00 per unit and SACfWAC is $2,950 per unit to be collected at the time of building permit. 3. Garages must be 400 square feet or larger. 4. Specific consideration for proper drainage between the units is essential. The property owner will be required to complete appropriate drainage for the site prior to final landscaping and sodding. Discussion followed on the boulevard tree ordinance. There was discussion of the property being platted before the tree escrow was in place. Steve Bailey, Chairman of Habitat for Humanity Board, stated they will provide the trees if not provided by the city. . James Tepley, 554 Hilltop Dr., questioned the meaning of the conditional use permit. Ms. Bowers explained the conditional use permit is an amendment to the planned development district. Mr. Tepley asked if this means they can come closer to his lot. He stated the homes they have constructed are too dense for the drainage. He explained this lot is 6' above his house and the drainage will come on his property. Ms. Bowers stated the elevations and drainage will be reviewed when the building permit is reviewed. She explained property owners can't alter the (p(o. )3 Minutes Planning Commission - February 20, 2007 Page 7 . water runoff. Atty. Sebora concurred that the drainage can not be altered. Mr. Exner explained the drainage is reviewed for all homes. He stated they may have to look at tiles and swales to alleviate drainage problems. He explained he doesn't want to see drainage problems either. Mr. Lofdahl, General Contractor for Habitat, stated there will be a retaining wall on the property. The need for the wall will be determined when plans are complete. He explained the surveyor will set the top of foundation grade. He commented on the roof run-off which will drain to the north and south. The rear side of house drains to the south. Mr. Lofdahl stated the drainage concem is the front Y. of the roof. He stated gutters and drain tiles will be installed on the lot. He reported Habitat will accept the recommendations and requirements of the city. Mr. Tepley again commented on his concerns with the runoff onto his property. Ms. Bowers commented on the review of the building plans. There was discussion of the ground elevation in the area. There is a retaining wall between lot 6 and 5. Retaining walls should be sufficient to hold water. Mr. Tepley stated he does not want a retaining wall for safety of his family. Ms. Bowers recommended a meeting with Mr. Tepley on-site with the City Engineer to work with him along with the Contractor. Ms. Bowers stated the original PDD was approved at 6'. Discussion followed to table this request to next month until the staff has met on-site. . There was further discussion on the attempt by Habitat to work with the neighbors. Mr. Lofdahl stated the ordinance states no drainage can go on another lot. Mr. Tepley will work with the staff. Ms. Bowers stated an extension of the conditional use permit must be signed by the applicant. Mr. Flaata made a motion to table the request to next month. Seconded by Mr. Currimbhoy, the item is tabled to next month. f) CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW A SIGN SHOP TO BE LOCATED IN THE C5 DISTRICT LOCATED AT 225 3RD AVE. NW. SUBMITTED BY DAVE WEGSCHIED Chairman Kirchoff opened the hearing at 6:45 p.m. with the reading of publication #7452 as published in the Hutchinson Leader on Thursday, February 8, 2007. Ms. Bowers commented on the request for a conditional use permit in the C5 district. She explained the area of the building to be used by the sign shop. She stated the request meets the standard of the ordinance. Staff approves with the following recommendations: . 1. The proposed use would meet the standards for granting a conditional use permit. 2. The proposed use would be in an existing building and would comply with the standards of the C-5 district. ufo.) ?> Minutes Planning Commission - February 20, 2007 Page 8 . 3. Outside storage of materials or signs is not permitted. All materials must be contained within the building. Parking of company vehicles on the site is allowed. Mr. Haugen made a motion to close the hearing. Seconded by Ms. Otteson, the hearing closed at 6:48 p.m. Ms. Otteson 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 held February 27,2007, in the Council Chambers at 5:30 p.m g) CONSIDERATION OF ORDINANCE AMENDMENT SPECIFYING ACCESSORY BUILDING REQUIREMENTS TO PROHIBIT DETACHED GARAGES AND SECONDARY ACCESS DRIVES ON DOUBLE FRONTAGE LOTS Chairman Kirchoff reopened the hearing at 6:49 p.m. . Ms. Bower commented on the ordinance originally proposed. She explained staff was directed by the Planning Commission to retum with another ordinance to allow detached garages on thru lots, changing the rear set back to 25'. She commented on Version 2 with the access issue of direct access through the rear yard not being permitted. Version 2 added the 25' rear setback on the thru lots. Ms. Bowers explained Version 3 clarified the types of streets the garages could not access onto. She explained there is also a Version 3.1 which would state no access on any collector or arterial roadways. Ms. Bowers explained the Transportation Classification map would guide the areas the accesses would be allowed. Discussion followed on only aliowing one driveway to get away from the second access onto properties. Discussion followed on Underwood Ave. and the present driveways which have been conditioned that there may not be access in the future. There was further discussion on the older parts of the city and replacement of garages in those areas. It was noted Lynn Road rear accesses can not meet the access and setback requirement proposed. Atty. Sebora explained that the law has changed and a nonconforming buildings may be replaced if destroyed. The building may not be enlarged. . Discussion followed on the initial request. New subdivisions were the target. Ms. Bowers explained if there is nothing in the ordinance it is difficult to enforce. Discussion followed on identifying the areas by dates. Atty. Sebora again commented on the 2004 nonconformity law. There was discussion on Version 3 issues on Lynn Rd and Roberts Rd. Ms. Bowers would suggest properties platted before 1988 could be exempted. (P(rA)3 Minutes Planning Commission - February 20, 2007 Page 9 . Discussion followed regarding addressing comer lots and adding rear or side yards. Ms. Otteson made a motion to close the hearing. Seconded by Ms. Rock, the hearing closed at 7:19 p.m. Mr. Currimbhoy made a motion to recommend approval of Version 3.1 with the changes discussed. Seconded by Ms. Otteson, the motion carried unanimously. Ms. Bowers stated this item will be placed on the City Council regular agenda at their meeting held February 27, 2007, in the Council Chambers at 5:30 p.m. h) CONSIDERATION OF A LOT SPLIT AND VARIANCE SUBMITTED BY THE CITY OF HUTCHINSON FOR CONSTRUCTION OF A TUNNEL AND TRAIL LOCATED ON THE HISTORICAL SOCIETY PROPERTY Chairman Kirchoff opened the hearing at 7:21 p.m. with the reading of publication #7554 as published in the Hutchinson Leader on Thursday, February 8, 2007. . Ms. Bowers explained this request is related to the proposed tunnel under Hwy 7 West. She stated the City was not able to obtain a perpetual easement with the Museum. She commented on the location of the lot split which would be the construction area of the trail. She stated the lot split does not meet the requirements of the C4 district. She commented on the requirements of the lot area. She explained the lot would meet lot width but not lot depth. The average depth of the lot is close to 40 feet and must be 180'. The hardship is to reduce impact to the Museum property by making the lot 1 acre. She explained with property on a State Hwy there is not as much ability for the city to use the property. Ms. Bowers explained this is a joint application with the museum and the City. Discussion followed on the unusual request. Atty. Sebora stated this was a struggle for city staff. Mr. Exner commented on the trail proposed and explained the reason for the size and outline of the lot split. He commented on the drainage in the area. Mr. Exner stated the applicant has had extensive conversations with the City staff. He explained if the project were next to City right-of-way the City would obtain more right-of- way to complete the project. Mr. Haugen made a motion to close the hearing. Seconded by Ms. Otteson, the hearing closed at 7:31 p.m. Mr. Lofdahl made a motion to recommend approval of the request with the hardship of reducing the impact to the museum and staff recommendations. Seconded by Ms. Otteson, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held February 27, 2007, in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS . ELECTION OF OFFICERS Mr. Lofdahl moved to nominate Ms. Otteson for Chairman. Seconded by Ms. Rock. Mr. Flaata moved nominations cease. ~(a) 3 , Minutes Planning Commission - February 20, 2007 Page 10 . ChainTlan Kirchoff called for the vote. The motion to elect Ms. Otteson as chairman carried unanimously. Mr. Haugen moved to nominate Mr. Lofdahl as Vice Chairman. Seconded by Mr. Flaata. Mr. Haugen moved nominations cease. Chairman Otteson called for the vote. The motion to elected Mr. Lofdahl as vice chairman carried unanimously. Mr. Lofdahl commented on the boulevard trees for lots. He questioned if a lot split should require trees. Ms. Bowers will review the ordinance to clarify. Discussion followed on the tree issues and clarification of the ordinance linked to sq. footage or the need for tighter development agreements. 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF Atty. Sebora commented on the orderly annexation agreements being reviewed by the City and Joint Planning Staff. He state Lynn Township has signed the City generated agreement. He distributed copies of the orderly annexation agreements for Planning Commission input next month. Ms. Bowers stated she will do an Annual Report presentation in March. . 7. ADJOURNMENT There being no further business the meeting adjoumed at 7:50 p.m. . &fa), r~---~-----l-~- ,.~ ; 2007 , F,!;!ruarv REVENUE REPORT. GENERAL .'TAxES ~Llg-ENSES iPERMITS ANDFE~ES____ . .. IINTERGOVERNMENTAL REVENUE I _________H____ ICHARGES FOR SERVIC_~____ tr~~~::r]RFEITS ---- ~"--EIMElOBSEMENTS i -~:_ 'TRANSFERS .. i I" ISURCHARGES - BLDG PERMITS 'ToTAl. I I --1- , 2007 i u___-- ~ebruarv . I:P~NSE ~~R:~~EN_ERA~ __ i 001 MAYOR&CITYC(UNCIL . "002 CITY ADMINISTRATOR LOO:j-ELECTIONS ! I 004 FINANCE DEPARTMENT 005 MOTOR VEHICLE 006 ASSESSING 007 LEGAL 008 PLANNING . 009 INFORMATION SERVICES . 110 POLICE DEPARTMENT 1115 EMERGENCY MANAGEMENT' , 116 SAFETY COMMirrEE- ,. 1120 FIRE DEPARTMENT 130 PROTECTIVE INSPECTIONS · 1sO:tf@N.tERING ! ! 152 STREETS & ALLEYS 1160 CITY HALL BUiL61NG 1 1201PARKlRECREATION ADMINISTR' 202 Ri:CREAliQ~ 1-" , 203 SENIOR CITIZEN CENTER 204 CIVIC ARENA n ! 205 PARK DEPARTMENT -------- 206 RECREATION BUILDING & POOl 207 EVENTS CENTER ---------...---- 208 EVERGREEN BUILDING 250 LIBRARY 301 CEMETERY 310 DEBT SERVICE I 320 AIRPORT 1~~.D~AL~%11IED iENERALEJ<Pg. . .m 20~C11Y6F ~~J~HINSONF~~~CiAl. REPO:~- - - --2~~r--::~rua~; February February I YEAR TO ADOPTED BALANCE PERCENT AGE' YTD MONTH ! DATE ACTUAL BUDGET REMAINING' USED I 3.800.665,00 3.800,665.00, 32,07900 ~2.3}4.00 <I8,.40()00 n_ 16,.066.00 8,70.1!l:4 18.577.34 320.700,00302,122,66, _13,117.50._ __. S)1168} !2.J~.45J.()()~2,758,634~13 77,239.92~_J77,667.54 1,690,312.00 _1,512,644.48 4,808.43 _____ 4,808.43 _~~llo.o.oo._ 63,191.57 2.887,01 _ 3,106,58 70,00.0.00 . 66.893.42 28,930.27 70,629.18 290,116.00 219.466~ 3.966,75 6,116.70 _1,673,_1()0.Q0 1,666,983.30 267.28 592.88 500.00 _ (92.88) _. _ _ _1~~9~00~ 319.649.52 10,726.2~ooi 1.0,406.594.48 I ! , _ ___ __n . _____ : CITY OF HUTCHINSON FINANCIAL REPORT . ;;:::~ · ,~=::! .. ;;::::;1 · ~::::l~j-,{:llll:- ;H~I 4.17 3.78: 4.17, 2,375,00 I 2,370.83 .0.18%1 72,590.1534,833.27; 72,590.15 584,932.00 1 512.341.85! 12.41% 31.278,78, 16.204.86. 31.278,78 201.825,00 i 170,546.22! 15.50%, 51,840.00 51.840,00 : 0.00'1,: 16.049.51 26,877.64 201,734.00 174,856.36 ' 13.32%1 13.650.46' 26,025.99 178,910.00 152,884,01 14,55%1 19,427.54' 36,815.89 260,503.00 221,667,11 I 14,90%, _211,811 ,86 416,433,5J _ 2:919,593.00 2.503,159.43 14.26% . ___95~28 __~j~~~_- - }~:m~ '1~:Ws;~~ ~~~:7,i _23,506.42 50,734.97 434,510.oo383,775,0111.68%~ . _15,925,69 __31,!l80.95__ _ 2~,~59~002.35,478.05 11.92% i _38,728.50 78,648.~ 607,21800 528,369.53 12,99%, 1~tl~~:~1 2~~:~~.~~ 1.~~~:~~ ~1'~~:~~:kJ1m~j J~:~~~~L .~~:0~:6~1 ~~~:~~6~ 1;aii~L 1~~~~1 5.801.30: 13,888.101 59,397.00 45.508.90 23.38%1 35.559.20! 77.652.111 299.265.00 22,1,.812.89 25.95% i m __57,10Q37' 105.901.171 831.579.00 725,677.83 12.73%; 13.750,26: 29,837.68 134,450.00 104,612.32 22.19%: 19,160.60: 41,772.67, 234,410.00 192,637.33 17.82%' nn-56686", - -2,0421'21--. n16,OOO~00-n-13,957.88 1:276%' - , __.3,!j8L94: .. 7.172.7Ell .17~.6_34oo__~a....46L2-" . 408'/~, 8.186.15' 15,780.111 142.760.00 126,979.89 11.05%! . n . .-- T 25,00000 n n 25,000.000,00'10; 1 ~:6~66i. . -~~:~~~~~I- ~~~:~g6~ 6~H~B~, . .1m~ 752,592.64 1,508,216.14[10.726;24400 9,218.02788 L. .j(06oj,J 39.531.25 44.212,18 . . 34.501.15 ' 168.31947 t- 3,740,60 ~ (10.17619)1 19.63611 ! 8,294.00 , 1,755.15 ' 309,813.72 26.877.64 26,02599 : 36,815,89 i 416,4~~57n 2,015.00 : 4,520.00 50)3497 ' n ~,880.95 __ . n 18,84ElAL 214.222.87 20,842.66 30.582.13 31.057.09 13,888.10 77.852.11 105,901.17 29.837.68 . _4!..772,67__ 2.042.12 J,172.76 15,780.11 17.443.80 55,565.93 1.508,218.14 0,00%' 66.61%' 5.79%. 0.21% 1051%' . , 7.07% ------4~44%1 24~35%1 0.37% , 298%1 I &(a) t-f n_._ --------1 CITY'6F-HUTCHINSONFINANCIALREPORT ----- _.___n ---.- 2006! n - 2007 --2ooi 2007, u-2007 ACTUAl 1 February YEAR TO ADOPTED: n_JlALANCE. Year to Date MONTH DATE ACTUAl BUDGET REMAINING nn I 0.00 0.00 0,00 3,800,665.00 I .3.800,665.00. 39,531.25 32,079.00 32.334,00 48,400.00 i u_ .1.13,Q66.00 44,212.18 8,701.84 18,577.34 320,700.00 , 302,122,66 34,501.15 13,117.50 5,816.87 2,764,451.00, 2.758,634.13! 168.319.47 77.239.92 177,667.54 1,690,312.00 1,512,644.46' 3,740.50 4.808.43, 4,808.43 68,000.00 63,191,57 (10,176.19) 2.887.01 3,106.58 70,000.00 66,893.42 19.636.11 28.930.27 70,629.18 290,116.00 219,486,82 8,294.00 3.966.75' 6,116.70. 1,673,100.00, 1,666,983,30, 1.755,15 )6t28'n 592.88 500.00 19.2.88); _ _ .3.os.813.7~ 171,998.00i 319,649.52 10,726,244,00, 1.0"406.,594.48 1_ -~-------- 1 ..- j_n_ - 1 r ;'bru~~5--'. ----r----- REVENUE REPORT - GENERAL . ;';E~ ------- LICENSES -- ------------- PERMITS AND FEES INTERGOVERNMENTAL REVENUE 1~1~~1E~t~F~~~RVICES . INTEREST I REIMBURSEMENTS i TRANSFERS iSURCHARGES - BLDG PERMITS iTOTAL . - I r--- 2007 I February . . _ _ _ EXPENSE REPORT - GENERAL SUMMARIZED I General Gov!. Public Safety [Streets &Alleys Parks & Recreation ; MiScellanea-us I JTOTAL I , ~- ,- . 1---- 2006 February YTD' - --------1---- 2007 2007 2007 February. YEAR T()_ __ ADOPTED MONTH DATE ACTUAL BUDGET 280,884,64; 505,584.49 ! . .. I 293.071.341 355.685.94, 73.009.73 i 1.508,216.14 , 140,477.82 252,197.25 173.153.90 168,571.89 18,191.78 752.592.84 280.884.64 . 505,584.49 . 293,071.34 ' , 355,685.94 , 73,009.73 1,508,216,14 . 2"038.958.00 3.660.837.00 1,875.460.00 2,304,022.00 846,967.00 10,726.244.00 --+-- I EI~CENTA.GE I USEDI 0.00% 66.81% 5.79% 0.21% 10.51% 7,07% 4.44% 24.35%; 0.37% 0.00% 2,98% . . __ _2007 __Fe..b.rtJ~ry BALANCE PERCENTAGE REMAINING USED -- [ Tr58 ,093.361377% I 3, 155,25~51 ,_ 13.81%1 1,582,388.68 , 15.63%: 1.948,336.06 15.44%: 773,957.27 8.62% 9,218,027.86 ' 14.06%! {o(o)L{ CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT . 21-Mar-07 February 28, 2007 Date Date Interest Of Of Institution Description Rate Purchase Maturity Amount US BANK FHLB 4.10% 11/3/2004 11/19/2008 375,000.00 Smith Barney FHLMC med 4.00% 7/30/2004 7/27/2012 300,000.00 step up Smith Barney FHLB C 4.50% 1/7/2004 7/30/2009 300,000.00 Smith Barney FHLB C 4.500% 4/28/2005 10/28/2008 750,000.00 Smith Barney FHLB C 5.010% 4/26/2005 4/26/2010 270,000.00 Smith Barney FHLM -C 4.650% 11/21/2001 5/2112007 300,375.00 Smith Barney FHLM -C 5.550% 3/1/2006 3/1/2011 500,000.00 Smith Barney Rhinland (commercU 5.374% 11/17/2006 3/1/2007 2,533,214.24 Wells Investmen' FHLN 5.279% 03/22/06 01/29/07 500,000.00 Edward Jones FNMA 5.00% 10/1212006 11123/2007 500,000.00 . Wachovia FHLB 4.00% 5/2212003 5/22/2013 300,000.00 300,000.00 Wachovia FHLB 4.00% 6/12/2003 6/1212013 Wachovia FHLB 4.000% 6/26/2003 06/26/1 3 400,000.00 Wachovia FHLB 4.000% 7/16/2003 7/16/2013 200,000.00 Wachovia FHLB step 5.375% 2114/2007 8/14/2009 625,000.00 step up Wachovia FHMA 5.350% 03/16/06 09/14/07 200,000.00 Wachovia FHLB = step ul 5.330% 10/26/06 1 0/26/09 300,000.00 step up First Minnesota 5.180% 02120/07 03/13/08 400,000.00 First Minnesota 4.650% 11/21/06 11/21/07 750,000.00 Home State 4.900% 12/12/06 03/12/07 500,000.00 --------~ $10,303,589.24 . {p{ Ct)S . . . Creekside Soils Creek..$ide~ Creekside DtpnJc Material Processing FadUty 1500 AdllllL'l Sl SE Hutchinson, MN ~53SO-7011 3:'..0-587-6762/ Fax 320-234-5649 TO: Mayor & City Council FROM: Doug Johnson, Creekside Site Coordinator SUBJECT: Processing Minneapolis Spring and Summer Organics-Reese Farms Approximately 35% ofthe total organics from Minneapolis arrive in the spring and summer months. This organic material is comprised of bagged brush, fine grass, and many contaminants. Since this is classified as mixed waste, we have been able to negotiate processing this material at a permitted site 45 miles from the transfer station, south of Hastings, at a price of $15 per ton. Reese Farms is the same farm that accepted the waste in 2006. Creekside was very pleased with the arrangement we had with Reese Farms and would request your approval to enter into a contract with Reese Farms in 2007 at the same price of $15 per ton that we paid in 2006. Since this is the processing of "mixed waste", the bidding requirement does not apply, however contracts over $15,000 require Council approval. Your approval is requested. Creekside would also ask for approval, if it is financially and operationally advantageous, to possibly negotiate with Reese Farms to accept the fall 2007 dirty product from September 1st to December 1 st. WC~ . . . AGREEMENT This agreement is between Riese Farms LLC, a Minnesota limited liability company ("Nick Riese") and the City of Hutchinson, a Minnesota municipal corporation ("City") and is effective on the last date entered below. Purpose The purpose of this agreement is to provide disposal of non-residual yard waste products in the possession of the City of Hutchinson from the Minneapolis contract. Price and Terms Beginning on or about April 15, 2007, and continuing to September I, 2007, Riese Farms will accept unprocessed yard waste from the City's transfer site in Minneapolis at a cost to the City of$15.00 per ton. It is understood that the yard waste from Minneapolis has not been processed by the City or other entities and Riese Farms accepts this yard waste "as is" and assumes all liability for non-organic and hazardous material of any type and Riese Farms agrees to dispose of all non-organic and hazardous material in accordance with all state and federal regulations at its own expense. Independent Contractor Riese Farms and the City agree that Riese Farms is working in the capacity of an independent contractor and that Riese Farms, its affiliates, employees, contractors and partners are not employees, agents or joint venturers of the City. Insurance Riese Farms states that it has in full force in effect all workers' compensation, automobile liability, property and general liability and casualty insurance needed to fulfill this undertaking. The limits of all liability, property and casualty insurance shall not be less than $1 million per person/per occurrence. Licenses Riese Farms certifies that it has all local, state and federal operators, environmental and pollution control licenses necessary to fulfill the objectives of this agreement and will keep these licenses valid until this agreement expires. Expiration This agreement shall expire on December 31, 2007. Lib) I . . . Riese Farms LLC Date Gary D. Plotz City Administrator Steven W. Cook Mayor Date ~(b)1 RESOLUTION NO. \ ~ IlP '3 . CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Crack Seal Material $39,997 Street maintenance Street Yes Bargen Inc ~e following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR 7,500 gal Biodiesel $16,391 MnDOT, County, City HATS Yes Schmeling Oil vehicle use . Date Approved: March 27, 2007 .otion Made By: Seconded By: Resolution submitted for Council action Kenneth B. Merrill by: Finance Director lo( b )'2- MEMOR_ANDUM DATE: March 21 sl for the M,arch 27 t 2007 City Council meeting TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: LOT SPLIT OF OUTLOT B,RA VENWOOD, WEST) SUBMITTED BY BRUCE NAUSTDAL ReQuest: The property owner is requesting to split Oiutlot 8, Ravenwood West to re:distribute the outlot amoi1ng the two adjacent lots to the south. The westerly parcel of OutlotB would be ad'd,ed to Lot 9, Block 1, Ravenwoiod West Bind th,eeasterly portion of O'utlot B would be a,dded to Lot 8. Refer to the attach.ed staff report and survey for additio,nal information. Plannina Commissi1on Meetina:: The Planning Commission approved the requested lot split on their consent agenda at th.e March 20] 2007) meeting, with no comment from the public. Recommendation: The Planning Commissio,n unanimously recommended ap'proval of the Lot Sp,lit with the recommendations, findings and conditions as stated in attached lResolutiion.. w( (,) \ . . . RESOLUTION NO. 13155 RESOLUTION APPROVING A LOT SPLIT SUBMITTED BY BRUCE NAUSTDAL LOCATED IN RA VENWOOD WEST Whereas, Bruce Naustdal, property owner, has requested approval of a lot split with the following legal description: Legal Description: Westerly Parcel: That part of Outlot B of Ravenwood West, according to the recorded plat thereof, lying west of the northerly prolongation of the east line of Lot 9, Block 1 of said Ravenwood West. That part of Outlot B of Ravenwood West, according to the recorded plat thereof, lying east of the northerly prolongation of the east line of Lot 9, Block 1 of said Ravenwood West. Easterly Parcel: Whereas, the Planning Commission met on March 20,2007, 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 ofthe Planning Commission and hereby does recommend approval of the lot split, subject to the following findings and conditions: I. The lots resulting from the split of Outlot B must be tax-combined at McLeod County, as follows: The westerly parcel of Outlot B must be added to Lot 9, Block 1, Ravenwood West and the easterly portion of Outlot B must be added to Lot 8. 2. All utilities must be located within the easement. Any future relocation of services will be at the property owner's expense. 3. No structures shall be constructed within the easement area of former Outlot B. 4. The owners of the property adjacent to the boulevard are responsible for all property maintenance and mowing to the curb, including the right of way area. Adopted by the City Council this 27th day of March, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor CR[ty) I DIRECTORS ,REPORT - P:LANNINGDEPART,MENT To: HutcbinsonPlanning Commission From: Braid Emans, Dolf 1\1000, Dave Hunstad., 1Vliles Seppelt, Brian Warzecba1 Jean Ward, Jo:hn Webster, Jobn Olson, Lenny Rutledge, Kyle Dim:1er, Kent Exner, Mark, Schno1bricb, Marc SeboIa, Gary Plotz, Ken Merrill, Ji.m 'PoPP: Dan ,Hatten, Dick Nagy, Rebecca Bo,vers 3DldBonnieBaumetz (persons in attendcance at.Planning Staff Me.eting (in bold) : Date: March 9, 2007, for March 20, 2-007 Planning Commission Meeting Subject: Lot Split of Out.lotB,Raveu\vood West App Ii cant: Brnce Naustdal, property owner LOT SPLIT Bri.ef Description: The property owner is requesting to split Outlot B, Ravenwood West to redistribute the outlot am,ong the t\\lO adjacent lots to the southA The '\vesterlyparcel .ofOutlot :8 \lIQuld be ad.ded to Lot 9, Block 1, Ravenwood West and the easterly portion ofOutlotS\vould be added to Lot 8. Refer to th,e attache.d survey and map belo\\' for additional infonnationA ...~~':~~.~~ ~~ ~~~~ ~ .~ GENERA~L lNFO.RMA TION Existing Zoning: 1{2 ( MediuI.11 :Density Residential) Property:Location: Outlot B, Ravenwood West (p(6~' . Lot Split Outlot B Ravenwood West Planning Commission- March 20, 2007 Page 2 Lot Sizes: Area of Outlot B: 6,497 square feet Proposed: 2,227 square feet to be added to Lot 9 and 6,497 square feet to be added to lot 8. Vacant Existing Land Use: Adjacent Land Use And Zoning: Single and two family Comprehensive Land Use Plan: Mixed use residential Zoning History: Applicable Regulations: Transportation: Ravenwood West was platted in 2003. Section 153 City Code and City Charter Dale Street S.W. and Bluejay Drive S.W. Analysis and Recommendation: . The applicant is requesting the lot split to eliminate Outlot B and give additional lot area to the adjacent properties. The area contained within Outlot B is covered with a drainage and utility easement and is not allowed to be built upon. Staff is in favor of eliminating small outlots that no longer serve a specific purpose. In this case, the outlot was initially platted for a pond, however a larger pond was constructed to the south, and the outlot is no longer necessary. Initially, the applicant had requested a vacation of easements for a portion of the area in Outlot B, however that application was withdrawn due to utility services in this area. Due to potential concerns over maintenance of the right-of-way area to the curb, staff recommends a condition clarifYing that the property owners are responsible for mowing and maintenance ofthe area to the curb. Staff recommends approval of the lot split as shown on the attached survey, with the following recommendations: 1. The lots resulting from the split of Outlot B must be tax -combined at McLeod County, as follows: The westerly parcel of Outlot B must be added to Lot 9, Block 1, Ravenwood West and the easterly portion of Outlot B must be added to Lot 8. 2. All utilities must be located within the easement. Any future relocation of services will be at the property owner's expense. 3. No structures shall be constructed within the easement area offormer Outlot B. 4. The owners ofthe property adjacent to the boulevard are responsible for all property maintenance and mowing to the curb, including the right of way area . Ce: Bruce Naustdal, 1175 Dale St SW 0J(C) I ~",Q ~ 11=' <1$>'" ~~ "'-'-- " ,f..,'" ~~ <q:l' rP)-" / , , / , , ( <0 ::..'~ .o~. .'. ...~ f.... I;:; ~ '" - N89.50'38-E ~ 66.71 " '" q~ / 10 OD t..~~O ~I\\J P:El.UNEN l.W) 5URV!YING IS' ~ ~ - /',,- , ' , ',,- / , N89'50'38'E 44A7 _ I f ~ i ~ ~ ~ o ~ >0 "~ ",,- CC4'/'(j ~y -....... 4VfIVUf -....... N890~'38.E -....... 128AO -:, .q.",. ( '~~~6' , , .-S"-~lfl,.,~t'tto.~~ , "'NO"09'22'W OUTLOT B ,/ 40-00 , SKETCH AND DESCRIPTION FO SORENSEN NAUSTDAL PROPERTIES, LLC DESCRIPTION FOR IrESTERl Y PARCEL Thar port 01 Outlot B of RAVENWOOO 'NEST, according 10 the recorded plat thereof. lying west of the northerly pro ongation 01 the eo~t line of Lot 9, Block r of said RAVENWOOD WEST. AREA. 2227 Square Feet "'~> A.4~9'09. .....- L.2~.84 / DESCRIPTION FOR E~STERL Y PARCEL :Ii :! . -~/ /Ns9':lQ'38'E 167.28 I / ( i ti CO I III r ~ C I 110 ~ ", 8 c... I I .. J>o " --< I I .!, :. I __J C1 ;0 30 I -- ;;:: -- \ ,.,., ~ - ~ 583'"20'3"W ,."... , , \ , BLOCK , \.-- 7 \ w ~ ~ ~ t.. c:;'\ , , /---1 -- , ..---- \ ..----- ..--- --.' ~--~' ..---' 6 ~CHlNSON MN That port of Out/Ol 3 of RAVENWOOD WEST, according to the reCQrded plol thereof, lying ~jQ~' of the northerly proklngollon of thl! east line of Lot 9, Block I of ,cld RAVENWOOO WEST. AREA. 6497 Square Feet Nole: OI.ItklT B. In ITt ~lIuT)'. I~ ditdlcoted a. a drail'lO~ and uiflt}' ~~",".nt b)' TM r.corded pto1 01 RA'CNWOOD WEST. ~ o 20 40 , .11:(1/6 In 80 , 1~(l1 J06 NO. 06100 . . . MEMORANDUM DATE: March 2151 for the March 27, 2007 City Council meeting TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT FOR CONSTRUCTION OF TWIN HOME AT 560/564 HILLTOP DRIVE N.E. SUBMITTED BY CROW RIVER HABITAT FOR HUMANITY Reauest: The applicant has submitted application for a Conditional Use Permit (CUP) to renew an amendmentto the planned development district (PDD) for construction of twin homes on lot 7 in Santelman's Third Addition. The lots were platted with a reduced lot width and lot area for twin homes on March 22, 2005. However, as CUPs for PDDs are only valid for 18 months, the approvals for the CUP must be renewed. Additional information is included in the attached staff report. Plannina Commission Meetina: The Planning Commission opened the public hearing at their February 20, 2007 meeting. One neighbor voiced opposition to construction of the twin-home on the lot. After discussing the item, the Commission tabled the item until the March 20th meeting to allow the applicant and staff to meet with the neighbor on site to discuss his concems. The applicant and staff met with the neighbor and discussed his primary concern of drainage onto his property in the side yard setback area. Public Works staff suggested installing draintile to collect excess water from the front and sides of the property, which could be collected to drain into the catch basin in the street. The agplicant is willing to make these improvements to improve the drainage. At the March 20 meeting, the adjacent neighbor voiced his same concerns over the twinhome. After discussing the grade differences, drainage, and setbacks, The Commission recommended the City Engineer approve the final grading and drainage improvements before any pavement is installed to assure property drainage. The Commission also discussed the other twinhomes in thp. Area, the side yard setback9, and the history of PDDs with 6-foot side yard setbacks. The Commission unanimously recommended approval of the CUP, subject to the conditions stated in the resolution. Recommendation: The Planning Commission unanimously recommended approval of the Conditional Use Permit with the recommendations, findings and conditions as stated in attached resolution. &{c)2- . . . . >/~C/-",/...~,..,;.r/.v._/_""/""/""''',I?_'V':>,'''''/-'''Od 0 ., ~"'.', ,c:."";,:;_,';t.';OJ".,'.,,,,""~~-f/&',' , ... .,-- >c ""..n';""""~;;"""-,.~V'.."-_,~,.,;;;.."W,,,':',,,,'.,''-' ,.. '.r_;~;'" .._""",,.';,.,,-....,,_"'~~...WL__'-'<.>-''''.j,_m;;or/''' DIRECTORS REPORT - PLANNING DEPARTMENT -'.';' . .,' ,.,,";-""/..../..-/...._,-"""_/_/~?.--r/_$,,"-.,"'.: -. "". ~,,~,,';r' 'r';' ~,-, ;,-t; .~..:"'X~/1.'<H;-:.v:<","'.:.;:#'/ ~:'" . . ;.' 'J;~-,/;..:p;""...:.w:;"",...../~"";_,.,-/...../A/,_...%...,;.../_:... ..../r, .,.,-:...,,'~...._:.<:".,' ~""'-':' ,,~,.,;"-..=:..;.~~ ..-' .,-:,,~ To: Hutchinson Planning Commission Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Brian Warzecha, Jean Ward, John Webster, John Olson, Lenny Rutledge, Kyle Dirnler, Kent Exner, Mark Schnob rich, 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) March 14,2007, for March 20, 2007 Planning Commission Meeting Conditional Use Permit to Amend the Planned Development District for a Reduction in Lot Width and Lot Area for Construction of a Twin-home at 560/564 Hilltop Drive N.E. From: Date: Subject: Applicant: Crow River Habitat for Humanity, Property Owner CONDITIONAL USE PERMIT TO AMEND A PLANNED DEVELOPMENT DISTRICT (Tabledfrom February 2rf' meeting) Brief Description: The applicant has submitted application for a Conditional Use Permit (CUP) to renew an amendment to the planned development district (PDD) for construction of twin homes on lot 7 in Santelman's Third Addition. The lots were platted with a reduced lot width and lot area for twin homes on March 22, 2005. However, as CUPs for PDDs are only valid for 18 months, the approvals for the CUP must be renewed. The Planning Commission opened the public hearing on this item at the February 20th meeting. An adjacent neighbor expressed concerns over the proposal, specifically related to drainage and setbacks. The item was tabled to allow time to obtain additional information on the drainage and to meet on site with the applicant, neighbor, and City staff. At the time of writing the report, the applicant was in the process of obtaining additional elevation and drainage information from the surveyor before scheduling a meeting with the neighbor. Additional information is expected to be provided at the Planning Commission meeting. GENERAL INFORMATION Existing Zoning: R3 PDD (Medium-High Density Residential-Planned Development) Property Location: 560/564 Hilltop Drive N.E. Lot Size: Approx. 66' X 150' Existing Land Use: Vacant Adjacent Land Use And Zoning: R3PD (Medium-High Density Residential- Planned Development) I-I (Light Industrial) (P[e-)L . Conditional Use Permit Amending the Planned Development District Crow River Habitat for Humanity - 560/564 HiUtop Drive NW Planning Commission- March 20, 2007 Page 2 Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: Santleman's 3rd Addition was approved in 1993 for a mixed residential use. The lots in the application for CUP were platted for twin-home construction. The previous CUP to amend the Planned Development District was approved in March 2005. Applicable Regulations: Section 154.070 (City Code) Analysis and Recommendation: The PDD was approved with a reduced lot width and lot area that would not comply with standard R3 zoning requirements. The development was platted with a lot width is 66 feet at the building setback line, where 80 feet is required. The lot area of the easterly unit is 4,929 sq. ft., where the requirement for each unit is 5,000 sq. ft. The westerly lot area complies. The lot is 67.38' wide in the front lot line, however is 66' wide at the front setback line. The garages as shown on the attached survey are 400 square feet, which meet the code requirements. The property is presently a PDD which allows variations with an amendment to the PDD. The side . yard setbacks for the previously constructed twin-homes in the PDD was 6-feet. As noted, the PPD amendment was approved by the City in March 2005, however the approval has expired. Staff discussed the proposal at the staff meeting and did not have any concerns with the proposal, other than the conditions that were included in the previous approvals. Staff would recommend approval ofthe request with the following recommendations: I. Each unit must have separate water and sewer service. 2. Parkland dedication is $135.00 per unit and SACfWAC is $2,950 per unit to be collected at the time of building permit. 3. Garages must be 400 square feet or larger. 4. Specific consideration for proper drainage between the units is essential. The property owner is required to complete appropriate drainage for the site prior to final landscaping and sodding. Approval of the final grading plan shall be approved by the City Engineer. Cc: Crow River Habitat for Humanity, 305 Main Street South . Cst (c) 2- , oz.. BUILDING PERMIT SURVEY FOR CROW RIVER H LOT 7, BLOCK I, SANTELMAN'S THIRD ADDITION TAT FOR HUMANITY 11-'1 --- --- "J ~ n.. , ($J . tfI<.'f ~ <D .,. j m '" , . n. ! " ;; 0 '" '" , "" "-' "A , , 1tl.\::: .." .,. or. ___x__ , ..! "" ...., PEllINEN LAND SURVE'rlNG r;;--- ~ "-.-/ ~ HiLL TOp ':t/fi "" n... t14.8) t ""," 4.' ,72.7 ",!4~ 'I I PROf'OSfD HO<JS< = I <72.0) I i fu~ 8 I ~ ,; If I. Ii ~l?- - - . '.... ,.... ..", ".,.. X~.3 DRIVE ."~ L:"'<6',Z" "6.68 .... 74.72 \" '. " .~.i"o L~Z".I!5 ~ 1M .G-___~ - . re I (74.8) ~ I (74.~) I 11;1" {72.m " Ii II d, I I I "'~ . ro.> ",00 East ~.oo&1.8 66.00 '\0., ,"" ,,,. c.n~ofTroll ..... ~&1~ BENCHMARK ~ Poll'll spot on lop Of curb near the roorth&ost corr.er of Lot 7. Block I. Elevation. 1074.72 ..... , ,., m . (ii1:;I) r "" =, )(&7.8 '..... ~ HUTCHINSON MN ,." o " 1 I scole 30 60 I feet 10 o [)enotes Iron monument fOUfld o O'l'1oln Iron monument Hit DfH"lotu IlxlstH'ig eleVctlon Denot.s propo"d IHlIICllion PROPOSED TOP OF FOUNDATION . 1.o~3 PROPOSED GARAGE FLOOR . ~ - PROPOSED BASEMENT FLOOR ~t06!.~ I h.r lib)' c tr tit Y I ho I t h I ~ SlJr "'1)', P I on Of R'PIHt wa. pr.por.l1 by me or un(ltr my direcT super Y 1,1 on and !hOT I om 0 du I ~ llc,u,d Land Surveyor under the low. of tile State 01 IItlnnuoto. J,ff r'~ R RoulCh DOl': Llc. No. ReC$veo AlAR I 5 ZOO? DESCRIPTION FOR EASTERLY PARCEL lit"'..._~- otp.~'a; The Eos1 33.00 feet of Lot 7, Block Ii SANTELMAN'S THIRD ADDITION, according 10 the recorded plat thereof. LOT AREA. 4943 Square Feet Bulldl~ Footprint fno o~ ~hown . 1258 Sq FT (doll nCT Intludt d'lw..o~) , DESCRIPTION FOR WESTERLY PARCEL Lot 7, Block I, SANTEUAAN'S THIRD ADDITION, according to the recorded pial thereof, except the East 33.00 feet of said Lot 7. LOT AREA . ~ J 66 SQuare F91Jt BuUdinQ FootPrlnl Area 0$ $r.own . 12!)s Sq FI (doll nel lnelud, QrMlfO)') v~ ,y \j "l)'~' '4 . >- ::!... '>.. PROPOSED EASEMENT DESCRIPTION M eonment for drolnlJ9' 000 utlnty purpo,e, over, under ond acro" 0 6.00 10'01 wide .!tip of 1000 lyinQ IInlerly of and od}oinlng the 110'1 Une of Lol 7, 611>tk 1, SANTEUAANS THIRD ADDITION, occordl/)O to the r~orded plcl !her,cf. The nortflerly IlM of eold $trip 01 land l>el~ tM ,0u1htrly fine of tj.,. NorTt\tr1y 10.00 feel of ,olel Lol 1 000 !he ~outt1 line 01 Bald str1p of lond ~!r.g lhe north line of the South 10.00 feel of ,old Lot 7. y\!'l~' ~!g r ~o~ ,(\ ~~(";r tP I''''' ',) 'or 1I<olo~....Jl.l:i......i!:.l.J... ';a",l,o;;> iol ~'..:..3'" I JOB NO. 07032 Ell< P-~27 PG 39 . . . RESOLUTION NO. 13156 RESOLUTION APPROVING A CONDmONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT FOR CONSTRUCTION OF A TWIN-HOME LOCATED AT 560/564 HILLTOP DRIVE N.E. Whereas, Crow River Habitat for Humanity, property owner, has requested approval of a conditional use permit to amend the Planned Development District for construction of a twin-home located at 560/564 Hilltop Drive N.E. with the following legal description: Legal Description: East Parcel: The east 33.00 feet of Lot 7, Block I, Santelman's Third Addition, according to the recorded plat thereof. West Parcel: Lot 7, Block I, Santelman's Third Addition, according to the recorded plat thereof, except the East 33.00 feet of said Lot 7. Whereas, the Plamring Commission has held a public hearing on March 20, 2007, 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 ofthe conditional use permit subject to the following fmdings and conditions: 1. The proposed use would meet the standards for granting a conditional use permit. 2. The proposed addition and site improvements would comply with the standards of the district. 3. Each unit must have separate water and sewer service. 4. Parkland dedication is $135.00 per unit and SACrw AC is $2,950 per unit to be collected at the time of building permit. 5. Garages must be 400 square feet or larger. 6. Specific consideration for proper drainage between the units is essential. The property owner will be required to complete appropriate drainage for the site prior to paving the driveways or sidewalks and prior to final landscaping and sodding. Approval of the final grading plan shall be approved by the City Engineer. Adopted by the City Council this 27th day of March, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor (p( v }L . . . MEMORANDUM DATE: March 21st for the March 27, 2007 City Council meeting TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONDITIONAL USE PERMIT TO AllOW AN AUTOMOBilE REPAIR FACILITY IN THE IIC (INDUSTRIAL COMMERCIAL) DISTRICT LOCATED AT 805 HWY 7 WEST Reauest: The applicants are requesting a conditional use permit to allow an automobile repair business in an existing building located in the IIC zoning district. The applicants propaseto use the site for radiator and automobile repair, warehousing, and parts sales and repairs for wholesale accounts. The property to the north is also zoned IIC and is owned by the property owners to the west. The applicants do not propose any outdoor storage, except for customer vehicles in the parking area. Additional information is included in the attached staff report. Plannina Commission Meetina: The Planning Commission held a public hearing and considered the request at their March 20,2007, meeting. There were no property owners who made comment or objected to the request. The applicant agreed to all recommended conditions. The Commission briefly discussed the request and unanimously recommended approval. Recommendation: The Planning Commission unanimously recommended approval ofthe Conditional Use Penn it with the recommendations, findings and conditions as stated In attached Resolution. fr(C}3 . . . RESOLUTION NO. 13157 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN AUTO REPAIR SHOP IN THE I/C DISTRICT LOCATED AT 805 HWY 7 WEST Whereas, Greg and Becky Hoops, J&R Radiator, applicant, has requested approval of a conditional use permit to allow an automobile repair business in the I/C (Industrial Commercial) District with the following legal description: Legal Description: Commencing at the Southwest Comer of the Northeast Quarter of the Southeast Quarter of Section 36, Township 117, Range 30, thence North 16 rods; thence East 10 rods; thence South 16 rods to the South line of the said Northeast Quarter of the Southeast Quarter of Section 36; thence West 10 rods to the place of beginning, containing 1 acre ofland, more or less, all in the Northeast Quarter of the Southeast Quarter of Section 36, Township 117, Range 30, according to the U.S. Government Survey thereof; ALSO conveying hereby an easement for all travel purposes to and from the above conveyed land, including the right to grade, remove or fill with dirt or materials as necessary and with full right of ingress and egress thereto for such purposes, upon the following described land; Beginning at the intersection of the North right of way of Minnesota State Highways 7 and 22 and the East line of the South Half of the East Half of the South 60 acres of the North 120 acres of the West Half of the East Half of Section 36; Township 117, Range 30; thence North on the East line of the above described land a distance of 125 feet; thence West at right angles a distance of 30 feet; thence South parallel to the East line of the described tract to the North right of way line of Minnesota State Highways 7 and 22; thence East along the North right of way line of said highways to the place of beginning; but reserving to Edith Sitz and Edward F. Sitz, husband and wife, their heirs, executors, successors and assigns, the full right to use said easement area for travel purposes to provide ingress and egress to and from the balance of said tract from which said easement is given. The highway right of way line referred to above shall be those established on the date hereof. Whereas, the Planning Commission has held a public hearing on March 20,2007, 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. ~(0)3 . . . Conditional Use Permit Auto repair business - 805 Hwy 7 W Planning Commission - Marcb 20, 2007 Page 2 The City Council has considered the recommendation and findings ofthe Planning Commission and hereby does recommend approval of the conditional use permit subject to the following findings and conditions: 1. The proposed use would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. No outdoor storage is permitted. 3. Paving ofthe driveway and parking areas must be completed by August, 2008. Parking stalls shall be striped in accordance with Zoning Ordinance standards. 4. A landscape plan must be provided and completed by September, 2008. Landscaping shall meet the requirements of Section 154.115 of the Zoning Ordinance. 5. Prohibited discharges must not be released into the sanitary or storm sewer system. All activities must comply with City, State, and Federal regulations. 6. The conditional use permit may be revoked if the applicant fails to meet these standards or violates the conditions of approval. 7. Provide handicapped parking space. 8. Dumpster must be placed at the rear of the building. Adopted by the City Council this 27th day of March, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor ~(G )3 To: From: D'ate: S ubj eel: Applicallt: DI.RECTORS REPORrr - :PLANNING, DEP,ARTMENT Hutchinson .PI:anning Commission Brad Emans, Doff Moon, D'8,ve HUDstad,Miles Seppelt, Brian \\'arzecba, Jean Ward, J'o,hn Webster, Jo,bn Olson, Lenny Rutledge, Kyle Dinller) Kent Exner, Mark Schnobrich, Marc Sebora, GaryPlotz,K"en 'Merrill, Jim POPP:r Dan Hatten., Dick Nagy, Rebecca Bo\vers and BOD,nie Baumetz (Persons in atte:ndance atPlaDoing Staff Meeting i.B bold) March 5, 2007, for March 20" 2007, Planning Commission Meeting Conditional Use P.ermit toallo\v 3n automobile repair facility in the lie district located at 8051lwy 7 West Greg and Becky Hoops, applicant Brent Christensen, property Olvner CONDITIONAL US'E ,PERMIT Brief Description: The applicants are requesting a conditional use pemlit to aIlo\v an automobile repair business in an existing building located in the IIe zoning district The aplplicants propose t,o use the site for radiator and automobile repair, ,varello'using, and parts sales and repairs for \vholesaleaccounts. The property to th.enorth is also zone.d. I/C and, is o\vned by tb.e property Qvmers to the west. The applicants do not propose any outdoor storage, except for custo,mervehicles in the park.in,g area.~ An aerial photo of the site is below: {J)(C)g . . . Conditional Use Permit Auto Repair Business - 805 Hwy 7 W Planning Commission- March 20, 2007 Page 2 Existing Zoning: Property Location: Lot Size: Existing Land Use: Adjacent Land Use And Zoning: Comprehensive Land Use Plan: Zoning History: Applicable Regulations: Analysis and Recommendation: GENERAL INFORMATION IIC (Industrial Commercial) 805 Hwy 7 West .73 acres Construction Company IIC (Industrial Commercial) Commercial The property was originally a Hormel buying station. In 1997, Reiner Irrigation was granted a conditional use permit to change the use and construct a pole type building on the property. In 2001, a conditional use permit was granted to Reiner Irrigation for construction of an addition onto the existing pole type building. The use changed again in 2005 when Christensen Construction purchased the property, however no CUP was applied for at the time. Section 154.066 (City Code) In reviewing the CUP, the Commission should consider if the proposal meets the standards for a CUP. A CUP shall be granted only if evidence is presented to establish the following: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (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. (0 (C) 3 . . . Conditional Use Permit Auto Repair Business - 805 Hwy 7 W Planning Commission- Marcb 20, 2007 Page 3 Outdoor Stor<U!:e: . At the plarming staff meeting, staff discussed potential concerns with outdoor storage of vehicles on the property. The applicant has stated they would not store vehicles on the property, however there would be customer cars parked on site. They have provided a letter of reference from their current landlord stating they have been excellent tenants and have kept the premises clean with no outside 3toragc of any old whicles or auto parts. Staff has added a condition to the resolution stating that no outdoor storage is permitted. Site Paving and Landscaoing: The Zoning Ordinance requires that all commercial and industrial districts, parking and access drives shall be covered with an all-weather surface meeting the design standards of the City Engineer. There is currently a 2,880 square foot paved parking area along the front of the building. As there is only a small area on the site that is currently paved, staff recommends that the driveways and parking area be paved. The upgrading of the property to a paved surface is required by ordinance and should be required as a condition to the new conditional use permit for the change in use. Because of the Highway 7 construction project, staff recommends the applicant be given additional time to complete the paving of the driveway and parking by August 2008. Staff also recommended adding landscaping to the site to improve the appearance from Highway 7. Staff would recommend approval of the request with the following recommendations: I. The proposed use would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. No outdoor storage is permitted. 3. Paving of the driveway and parking areas must be completed by August, 2008. Parking stalls shall be striped in accordance with Zoning Ordinance standards. 4. A landscape plan must be provided and completed by September, 2008. Landscaping shall meet the requirements of Section 154.115 of the Zoning Ordinance. 5. Prohibited discharges must not be released into the sanitary or storm sewer system. All activities must comply with City, State, and Federal regulations. 6. The conditional use permit may be revoked if the applicant fails to meet these standards or violates the conditions of approval. Cc: Brent Clnistensen, 19456 Omega Ave., Hutchinson MN 55350 Greg and Becky Hoops, 69600 -2131b St, DarwinMN 55324 (pee)3 . . . TO: Rebecca Bowers, Director PlanninglZonlnglBuildlng FROM: Kent Exner, City Engineer RE: Family Video Preliminary Plan Review DATE: March 9, 2007 Per my review ofthe Family Video preliminary plans dated February 21,2007, I have the following comments: . Site Stormwater Runoff - Verify that parking lot and building stormwater runoffis contained and diverted to appropriate drainage facilities. Overland drainage to City street right-of-ways and adjacent alleys (to east) or private properties must be minimized. . Sewer Service - Install clean-out on the sewer service at the RIW line (reference City Standard Drawings). . Water Service - Install 1 Yz" copper pipe up to the curb stop at the RIW line. rfthere are any questions or concerns regarding these comments, please let me know. Otherwise, the preliminary civil plans seem to address previous comments and requested revisions. Thank you. cc: Jay Murzyn, SEH (Pee) Y . . . MEMORANDUM DATE: March 21st for theMarch 27, 2007 City Council meeting TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: SITE PLAN SUBMITTED BY ROCKFORD CONSTRUCTION FOR CONSTRUCTION OF A FAMILY VIDEO STORE LOCATED AT 108 - 1ST AVENUE N.E. Reauest: The applicants have submitted a site plan for construction of a 6,OOO-square foot Family Video retail store at 108 - 1st Ave N.E. Proposed improvements on the site include construction of a 6,000-square foot building, new parking lot, and landscaping. The site would be accessed through two access drives on the east side of the parking lot and one access from Hassan Street. Additional information is included in the attached staff report. Plannina Commission Meetina: The Planning Commission considered the site plan at their March 20,2007, meeting. There were no property owners who made comment or objected to the request. The applicant agreed to all recommended conditions. The Commission briefly discussed the request with and unanimously recommended approval, subject to the conditions stated. Recommendation: The Planning Commission unanimously recommends approval of the Site Plan with the recommendations, findings and conditions as stated in attached the attached resolution. 0Cc) t-j . Site Plan Family Video Planning Commission- March 20, 2007 Page 3 The parking area would be constructed with a new access drive from Hassan Street S.E. that would require re-striping of the existing parking on Hassan Street. Part of the existing sidewalk, curb and gutter would also be removed and replaced to accommodate the new entrance. Landscaping: There is limited area available for landscaping on this site. The applicants have submitted a landscape plan proposing two trees in parking lot islands and shrubbery along the north and west lot lines. The City Forester has recommended changes to the plan as follows 1) add two more shade trees at the NW and SW corner of the lot, 2) diversify shrub planting by intermixing Prairie Petite Lilacs into the shrub line to break up monoculture of Anthony Waterer Spirea, 3) Revise the Redmond Linden specie selection for shade trees to Amur Chokecherry or combine the two species to diversify. Signage: The plans identify wall signage at the main entrance to the building. The proposed plans appear to meet the ordinance standards. Sign permits will be required prior to installation of the signage. The Family Video trademark tower would be placed at the main entrance to the building, however would not contain any signage. Analysis and Recommendation: . A "One-Stop Shop" was held on February 13, 2007, to review the site plan and provide feedback to the applicant. The applicant has addressed all of the items discussed by staff and appears to have met the required standards, subject to the conditions stated. Planning staff recommends approval of the site plan subject to the following fIndings and recommended conditions: I. The proposed building and site improvements would comply with the standards oftheC3 district and the Zoning Ordinance, subject to the conditions stated. 2. Final plans shall be revised according to the City Engineer memo dated March 9,2007. Plans must be approval by the City Engineer prior to construction. 3. Sign permits are required prior to installation of the signage. 4. Park dedication fee of$430 will be due at the time of building permit. 5. SACIW AC fee in the amount of $5,900 (2 units x $2,950) will be due at the time of building permit. 6. The City Forester recommends revising the landscape plan to: a) add two more shade trees at the NW and SW corner of the lot, b) diversify shrub planting by intermixing Prairie Petite Lilacs into the shrub line to help break up monoculture of Anthony Waterer Spirea, c) Revise the Redmond Linden specie selection for shade trees to Amur Chokecherry or combine the two species to diversify. 7. Parking on Hassan Street must be re-striped according to the approved site plan along with the parking lot improvements. 8. Any sidewalk, curb, and gutter removed be replaced according to City specifications. 9. Exterior lighting must be shielded and shall not cause glare to adjacent properties. . Cc: Bruce Naustda], ]] 75 Dale St. S.W. Doug]as Klang, 2852 Burrwood Dr, Springfield, OH 45503 Jay Murzyn, SEH, 1090] Red Circle Dr, Ste 200, Minnetonka MN 55343-9301 Scott Larson, Rockford Construction Co. Inc., 5540 Glenwood Hills Parkway SE, Grand Rapids, MN 49512 ~cY--j . . . Site Plan Family Video Planning Commission- March 20, 2007 Page 2 SPECIFIC INFORMATION Existing Zoning: C3 (Central Commercial) Property Location: 108 - 1st Ave. N.E. Lot Size: .54 acres Existing Land Use: Vacant Adjacent Land Use And Zoning: Commercial Comprehensive Land Use Plan: Downtown Commercial Zoning History: The site has been vacant for a number of years. In 2003, staff met with another retail development company regarding the site. Ace Hardware was granted a variance to reduce number of parking spaces for moving their business to the site in 2006. Applicable Regulations: Section 154.169 (City Code) .. Building: The proposed building would be an approximately 6,000 square foot one-story structure with a flat roof. The exterior of the building would be integrally colored split faced concrete block with accent bands, with windows along the front and sides of the building, and finished metal canopy. The building height would be approximately 20 feet to the top of the parapet. Family Video's trademark tower would be placed at the main entrance to the building. Setbacks: The proposed building setbacks and requirements for the C3 district are identified below. The plans would meet the building setbacks as follows: Required Proposed Structure Setback Structure Setback Street Right of Way o feet 120 feet (north) 7 feet (west) Interior Lot Line o feet 8 feet (east) o feet (south) Parking and Drive-Aisles: The Zoning Ordinance requires 5.5 spaces per 1,000 square feet for retail uses. Based upon a gross building area of 6,000 square feet, 33 parking spaces would be required. The applicant proposes 33 spaces for construction. The proposed parking area and drive aisles would meet the required 5-foot setback to the right of way. ~ {CY--f DIRECTORS REPORT - PLANNIN'G, DE.PA.RTM.ENT To: FrOIl] : 'H utcllinsonPlanning Commission Brad, ,Emans, :Dolf ~foon,Dave Hunstad,Miles Seppelt, Brian \\'a,rzecba, Jean vVard, John 'Vebster, Jo,bn Olson, Le.nny Rutled'ge, Kyle Dinller, Kent Exner" Mark Sc.hnobrich, rvl'arc Sebora,) Gary Plotz,K,en Jvlerrill, Jim Popp, Da,n HatteD, Dick Nagy, Rebecca Bo,vers a,nd BOD,nie Baumetz (persons in a tt:endanceat Planni,ng Staff Meeting (in bold) Date: Ma.rch 5, 2007, for March 20, 2007 Planni~g CormnissionMeeting Site plan for Construction of a Family Video Store at lOS_1st Avenue N.E. Family Video M:Qvie Club and Rockford Construction Compuny Subject: Applioants SITE PLAN Brief Description: The applicants .have submitted a site pIall for constnlction of a 6,OOO-square foot :FamilyVideo retail store at '108 - 1. Sl ,Ave N +E+ Proposed inlprovements on the site incl ude COllstnlction of a 6,OOO-square foot building, ne\v parking lot, and landscaping~ The site would be accessed through t\'vo access drives on the east side of the parking lot and one a.ccess [rom Hassan Street A. one stop shop was held on February 13, 2007 \vith the applicants. (p(e )Li . I 4 I I I I I I I I I I l I . j . I I I . l I I I I . I I I I I I 1 I I I I I I I I I I I I I I I _____________________4_______) --- " '. -.. ! : > '.l ,,~ ~ \. '; r ...;.: ~ PIlOl'01lEO ANTHONY ~-'"..-,.,;,s..... ..17 '.'.... ;"I.~ij.. f ;.:.:fW~ . ~..... ~ .~.. ,.... ~... <I../, 'f. w^t'~cn.S.PIRt... ;J , '.... , ' · , ..1..... Y~J a ' , ..., '''.''.~ ": ., "~;, S""UO (1 · "{~r\~ ..::' t... -'~:' ,. V"'" , ' , , · Oi}~ -",.-.. ,,~, . '~~." ,t- ' ..."~"",,. , ..' ...~.. . 1 )1 : ,: tl ....I'1lOPO~~O A I;Ol.iQND Llt:tJOl t.tNCfi tJ " a ~RCPCS(D m::I)YO~ I.JHOt,.~ ',TItCH e .. 8 & SlGNINGt SmlPING lANDSCAPING PlAN FAMtLV VIDEO ROCKFORD CO~STRUCTI~~ HVTCHLNSON. MN ~~~~~~=I.:w~~aI~1MI ~o-ff~=~":=I"1 J~ ..t~~ "~\..Di 1'1'IIIUU1 .,. ~ _JTTt:ll . . ~ M:..... OIM: It.-.rc Of' WICI01~ ~.. ..",., CWI!Al,OIM: ~ tr~~.tJr:.. ~~ ~",==:~~ nil. ar-.. -_ .. ~ ...,...--- .. ~:m~"". ...-..n M.:IU.T1_ ~ u,..... _ iIIiI .. "....PIY ., III Old I'M'll n I I I I I J . I I I I I I I I I I I I I I I I I I I I I I I I . I I l I I I I I I I 2 , ('oj l ~ I N I I I . c: I i I ~ I ~ I ~ i I ~ ~ 2 ~ s ! ~ ~ ~ ~. ~ --1:._ --- --- '1, , '.., 14;;~':,I'i '.:~": \- f.... ".'.'.'''".'~1i-''. . ~... .t.. .. ~~t .',.-; :"I~~,~~~ffl; ~I.'l' ~.. ,~~:.w'& ~. ~:... "'. "":~.~.~ ',:. " ~ ~ 4. ( to- p- t.;. # '.l" . , 'I )r t. - .~, I t ,f, t ~~ ""! ..... - \~ ~ '. .:J .~ f I I ~..,r~ ., :,: I & ~ i '.- ; f ~,')". . c'-,- j/!'; I' I f II t~~~~ . ~ . ' ~ ... ,,, , .;; . . s , ,.. . . * flilmPEfl1 r RESlnIPE Phf!XtNG S1 ~L.S ALOP,lG: ENTIRE WeiTH CY - -~- --.-- -- - -....-.............. - PRELIMINARY - FOR REVIEW ONLY 30 6;0 ~ f,oe o N + 30 ~-~._""""~-~.-.--1 I -- ! . I - I '. ...:' ;. '~1 l oJ-U" - ,I . b" .., 'I _~ --r t. l 't ~ I I ... I I . 11 I .! i/1._~ ,~ .~ l ~'. I, . I.' , 7~4 ~ I ~(:1 , · ;. 1. i ~ ',' I I I I ~ 1 ... fl ''t ~ ~...~_... '....1. ' ~ . . . I :..& ~- . fAMtL V V1~O ErTE, CRAOlNG ROCKFQ;tD CONSTRUCT1ON & unLllY PlAN I . HUiCHrNSON. M~__ _ _ _ _ J -~~.~.~-~-~-~--~~.~.~-~ ~... ~. }::. ~~~J~ l:,.;...~ ..'. :.' I :-~.:..-.,~.~. ....., ~~~.. ';~.-.''';.?') .. . .-!f,~, ~~'~~~::, ~ ,,~. n # -~~t · - 1L~"",;rl . -, '~.'I\}., ~. , ~-. ~. f$ ~1., ",i. ,ill t.... '. " '''!I',' . "... , . '. " .." ' ~ ~ r .....~ . < " J ~ !!j~'''''u. 1!1' !\n!F.O.J\.e ~Q PVc SAl'i!T,l,Rl" SE'h'EtI.-SfR"iK:r: N ~o:: [;(t:~? 'Bfn.MrfilS + M-6J ~ p,1:'.'BiBlT ~C'Jl0l~ JO 0 30 ,60 I \ ~ ~ ~. ',eet - - - i - - j - - M - - ., - I MilUCIIi!1 - . . - - ~ ~-,....... .....-._~ -...................... _..~-----" - . . ,II . ...~t~~~ ~:i~,,:~' ." · ~.. ' .: II I l~J - . ~' I ~ " I r .' I r .' 1 I I j I I I I I I I I I I I I I I I I I I I I I j I I I j I I I I I I r . I . 1 I 1 I I I I I I . I I r I I I I . ! i I i I ~ I r I ~ I ; I ; I i I ~. 13 ] j j ~ I ~ I ~ I ~ ~ I ... I ~ I ;> L-- ~ I II ~ (I.t It aot' \/jIJrE ~'aw..'I' CI;l"J.'mftJti" GENERAL . NOTES: lONtttlQ CLASSIFtCA liON: t-3 BUlLOI.Ki S1ZE~ 6000 SO. fT PARKING t.cn AREA: '042.&0 SO ST. NUf.48:ER OF PARKING STAllS~ 33 ARJ,;" P'ER S"rAlL: 4Xl SO, FT PRELIMINARY - FOR REVIEW ONLY ES-' ~ '"---" -I:. . . RECE~V~. M~R 0 6 2007 :::.-:==..~ ~, City .,' ,."" (1:;'-" ' ~"'''-__(N'~ ~'.L.'. ~:':':~~I= ====::::;~]- 0<, " III '" -I " r.'.:.:.__ _ _ _ :':'I~'l: ::':'::::::::::J'::'C======== ::r::\:: ====== ::::: ':':1~'r -- - - -: -:: -1 "r:-- ,U' -- :-:- T~'- -- - - -..{'1 i': ] :-;",:j; :EGr. S' !3 --0-~ .---- -~~ ~ TYPICAL COLOR & B~QCK LAYOUT ac,t,Lf; ""_1'.0" ~lYPlCAl, COLOR & BLOCK LAYOUT \eJ lICoO.I.Ji; __1'.(1' ~---.!!"~--"~ -Qil-'fUl'_"-,-Q<.L....',. ~9"___,..~_'-j ~~~'~- -f" l 0-rllL.<t'~~.. - ___l~_.._ _<ul'M"l:T_".m-t"--$- _."~'"'_"'!"'n._IU"_$- -~'"'--'''-:-$- " ',:.:.:.:.~:.:.'.:;,,:.:.-:.:...-::::-=:::::'J ~ ~ _e:T;VATION~- @ SIDE ELEVATION ~1II"~f'q -- =~'::=- ___.lIW'~ ____JlI:P'..lI!'\I'aJ~!IfoO:$_ _-....;a;-?...:::::':::= r--'1 ~-.;. @ ~:;-;VATION __1_/ '-__1IDl _r"-"Y~ --~= -'~~-~'S.'- --- f'\ TYPjCAL CONlROL JOINT ~tQU:.'~'1"'" .--1SJtg5tlP.".ti'l~ --~--:~~~ ___I!lIU'__~ -_.--~~ -- 8" ~ "--'" ~ " ~:'J II II t~===.:::i.::"::= FRONT ELEVATION ~_.T.v "---- " ~ I I ~ Cl Qj := ~ ~ Ij e "' ~ ~ .0 ooil ,j; -x iii.. RSR5- ~:~~ ~ ...-...- ---;===--=- -- -- - .- A201 . . . RESOLUTION NO. 13159 RESOLUTION APPROVING A SITE PLAN SUBMITTED BY FAMILY VIDEO FOR ADEVELOPMENT LOCATED AT lOS_1sT AVENUESE Whereas, Family Video has requested approval of a site plan to construct a retaiVcommercial business located at 108 _1st Avenue S.E. with the following legal description: Legal Description: Lot 2, Block 1, Hutchinson Downtown Redevelopment Plat No.2, except the South 40.00 feet of said Lot 2. Whereas, the Planning Commission met on March 20, 2007, 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 site plan, subject to the following findings and conditions: 1) The proposed building and site improvements would comply with the standards of theC-3 district and the Zoning Ordinance. 2) Final plans shall be revised according to the City Engineer memo dated March 9, 2007. Plans must be approval by the City Engineer prior to construction. 3) Sign permits are required prior to installation of the signage. 4) Park dedication fee of$430 will be due at the time of building permit. 5) SACfW AC fee in the amount of $5,900 (2 units x $2,950) will be due at the time of building permit. 6) The City Forester recommends revising the landscape plan to: a) add two more shade trees at the NW and SW corner of the lot, b) diversify shrub planting by intermixing Prairie Petite Lilacs into the shrub line to help break up monoculture of Anthony Waterer Spirea, c) Revise the Redmond Linden specie selection for shade trees to Amur Chokecherry or combine the two species to diversify. 7) Parking on Hassan Street must be re-striped according to the approved site plan along with the parking lot improvements. 8) Any sidewalk, curb, and gutter removed be replaced according to City specifications. 9) Exterior lighting must be shielded and shall not cause glare to adjacent properties. Adopted by the City Council this 27th day of March, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor ll{C)~ . To: Mayor and City Council From: Melissa Starke Date: March 22, 2007 Subject: 2007 Liquor Licenses Renewals The following establishments have applied for 2007 liquor license renewals. The appropriate paperwork has been submitted and investigations of the premises have been conducted by the Fire Department. Please approve the following licenses': On-Sale Intoxicatinll: Liquor License Gold Coin Main Streets Sports Bar Club On-Sale Intoxicatinll: Liquor Licenses American Legion Post 96 Crow River Golf Club . . ~(d) 03/22/2007 THU 9:25 FAX 952 828 9026 Aufderworld ~00l/003 Mar 22 07 10:13.. 320-587-3824 B....t.l:j H"II p.1 .- . . III H;'ll;."afl !=j;lftt[ S01,ltltC'~rr HtHchlnM:tn, MN SS~SO (320) ,t"J'., 1:1 IfI~,1;'1;; (320) 2J4.l\24\') City of Hulchinson APPLICATION FOR GAMIlUNG DEVICES UCENSE In provisions of the City of llutchinson Ordinan~'e No. 655 and Minnesota Statutes Chapter 349 All application. must be received at least 30 days before evellt ill order to be considered Aonllcativn Tvoc 0 full Year January I - Deccmhcr 31 , {"-ce: $100,00 Yeo,. Dil: Shurt Term O..e(s) 3/'>fo//J7- '1/:';/07 Fee: $25.00 Monr/v. a"floor... MOI1/hRJdYIYt!ar Or~"nl?..Qtion rnfmmlllion ._t::K.&'-----"" 1 t/ F If' _CJ:1...~ F,r F /to> o~ f5,\^,r:-(K~ BAR t Nwne Pl1cme NumPa" G..L.I'-"~.!: I(.,'ii/~... "'/II Hl.4iY ~~ ((TcH-F,c/..P mlV .')53.$'3 .- A(Idl'eu lI1JIf!r~ rt!l1u1ar meeting arc hdd City Su/tl" Zri' D:ly <'lnd lime of Tnccting.$'? ;/ &,8.P T'5..c,:<;;. o.of' r-n tJlNIIT /4 ?: ~- P_~l h Ihis org.(.IuiUitiQ1'l oq;.fll1b:ed 'lOll",. the: ltlws. uf (he Slute or MinDC~otll? ~y", Ono How long h.n~ lhe ol"ganiution been in c~jstel1Ce'? (. '3 ~ r$llow ma)' members in the oTSllnizMion? <./00 _1-- WhUlls the purpose OfllJe Qfsan~lion? t')/!''r r E. ./,~ m~......'''' "'.- r>li~R ~ P<'I5:R 1-1 u J In who.~~ cuslody \\Iill oq;llQilalion rClilmls be kept? ,,~U jN M I r>T;"/IVC~. 1- 3..)(.) - 5-93' - ? U NC/m4 Phctt.r! Numbtl' 3_~6_~ . l2/jPI..t.'i.v 5 'r. o rc. It F." It:. L.L> i'n IV ~-S ~ 5-:'- II.ddrf!J!1 , C!!L___,_1Y!.!< Zip ~, /'t/!5:. 7 Dul AutJ\{'Irb..e<.l O!fic~ of the Or aniUltiolJ Information ~YI')-';-Y~-7 8/7 ..- Pf",rw. Numbr:y !.. I~/ (' J. .f i"" I rI ilLL :5::5.-353 Ciry SUlW Zip Place omirth: L J Ir: J...I,'( I ~ 171 fl.;' City Swte Oy"" a'oo 1'rut!Nome .1dL&J. &'1})(V Sf ~Residtmce AddrcJ.f 10 ..!....l.L.' / I '/6 0 Momhlda)'/)r~ar Have you e\'cr been C'on\!icted of nn)' crime nthtt than il traffic oftense? Dil[e of nirth~ Ifyc:'l, cxpliltn: ~(e) I I ,. f ! l J I , i l ! 03/22/2007 THO 9:25 FAX 952 828 9026 Aufderworld ~ 002/003 Mar 22 07 10: 13a . . . B..eel:! Hall 320-59?-382~ p.2 elf'! of HutchinsoN 1IPf'/;f;lFli,m!<Il'n/"f,tJ GnmhliltG Ol!\iu! l.ic~:It Pilt.c2 of) I i f De.i~nalccf Gambline M.oo~er (()uulifiM .1Id" Milln..,.tQ Sla",,. *3291 _lLEdhJ L- /) ;,:la-(PQ3 -;1.73) Ph()~ Nl,Jm!Hr LLI./V'O In! "ru~ Name ~kO .;l (., 00 A-1I R(jiclcnc~ Addr~'.f 5!'{"3s:J Zip L. lIe i-l j::, IZ (.p _E:l.l:Y Cily Srarc Dye, 'lP no Dare or nirlh: ~ L/TCftP/tUJ City I'laoo of Birth: mJ1/ Slc1r~ 1 ? c> -LL~s:l Mon.rhldQ)")HStIr Have you ever hcolll:onvictcd of llny crime other tharl a tt'nffic offco..\C? If yc.". c;Il;f)lai n; How Ion!; huve you bC:ell a mcnlbc.r of th~ organiz.z\tiun'r I,? VI? <) / G~mc Inform.:lli<:n1 Locnllon III ~",--t..Ji;.o /) C b ~ '" II? G. If' "" /V 0<<; Name of !o(.'mhm wlU!flf 8am~ wW bet! p{llyed If() 0 <:' Ii: IV}U. ~ Y._ A-v €-' ~(hl,.e,'i.{ of wcmia', U1r;;,.~ /fl1m<T will he plQ}~d 3,;;10 - :;'~7 - '~',1~~ Phrme "'um~J' Datc(s) m.o/IJr <.Iu)'($) ~~mblin!: device'! will be w.od: If 1./ Tc. '" JtV .~ 0 IV l?'1 V -----0;;;--"-- Sltlle 3/3//07.hrough / AM ~I rrw ~--"~.35"V 74> ~/61 /ok,; / AM To -LJ-.'ol ~ HQurs tJfthe dl).Y ttllnblil1$ de"ic~~ will tN u~ed: From MAximom number of player: qc?O Will p..i7:e~ ~ paid in money or mcrchimdi$C? 0 mOI)ey )(,nc1'<;h.(l.f\diSt~ Will fefl'eshment~ he ~rvC(1 durin/; lhc lime the garnbliO& device/; will be used? )fyet If a.,.wtllD.chAf cbemudcforsu<;hrefrcshmems" r.:s- 0110 (:! ~7'tE~ I:J GOlmc Inrorn1Ation Locntlon 112 . ;VI" I Or r .I:('i(, "Iv _ F~ \ (' 6,.,;1.<'" j 5 Name Qf 1(1(;()"'~-; W/fein' c.ame will Oc ptoyc.d Ph.one Nrtmbf!T I:ii:..I d..'i' ld.i .f!j.f:!:.~ r; -,;,) 5-C) City Stare. lip 2 ' L);!'c(,) a",l/m dny(.) ~"mbJ;nr. devio." w;111>e 11.<"<1: .7'. 31- 0 '7 lhrou~h ;; - ;)1 -. (11 lfour:; oflllc day g"mblin~ dovic"" will be u"'~; 1''''''' ...3-,~<2Q--A To --J..Lo.' OQ_~ Ma.,imum number of player: ---.!:f..tJ6 Will prizc~ be puid in money Of Tt11..'"t'C:ho.ndi..~? 0 money .l\)Cfchnndi~ Will rcfrc..~hmcnL'i be :;cr\f1,;d durinllh.c time ,he ~"1Inll.>liul; ck~vk:<:s will be used'? 51 y~ 0 no If e.'\, will., chilr c be made fur Slll,.'tl tefrcshn'lent~7 CS 0 n9. 000 L f:6 II-sfl- /1)1/ ." ""2 JiJ. -~-A;rJ,-:;;;-;;i [OCati.(M 'M""e~ gome ow'ill /J~ ()J(l)'M - '1'- IVfi-IFD€:.D; Cf4-<;,1i f34i( ,,"r+""E.RfE.~ ~)' Le~/(J1V Pl".S-r , \ i '1~ :j , i ~ Offtcers of the Or unil.<'l~iofl (i IIt<:e.JMI ',li4'1 "dtJiri(Hut! nllm~.f 011 .~d u.tJU .rf!eet /j'("$j'Jrn-j- 71th.. i I 'J('),-h 'd:! /1l.IJ,L Cif)' Sutle -1b~_..;.!/YS,'J,./'\ i 17tk Ntln I.) A".1lr-t 5'1. R~.rfd.t!/lct lIt1d,.~.u' A" .:If'" :::6/-1 Nama "'--.(--3-. ".-.::-- .J / ~..) 1jp 3;u- 'pe ((y 5r&>1 (JALI5" 51 Resid~JlCt: Add;~JX sw l:)1M Sl()t~ ~""'6"'3s"'" Zip f/-/.( TC.1t / illS (IN CIL}' &iCe) 03/22/2007 THU 9:26 FAX 952 828 9026 Aufderworld ~003/003 D"....~ H..ll ".3 . Mar 22 07 10: 13.. 320-5137-31324 . . . Cirv(JfUr'(f"lillfo/~j ApP/ir.fI1iM fol' Dittto G(JTIrhli,,~ D~1~t:, U'f:I.'fU~ "'a9~ :~.~ H Iln I'olrl I. I.; " (I ;/, Name .LJ.(9 J~(" (' Title ;)0 4>(')? 6'/,. /-J-;'t..!L- ..___._9!x /11/1/ _..........J.tnre .':;~.:::;- j"5~S- -zr- vc.o A-1/ Residor.ce Add1"t'ss OfrlCer~ or Other Persons Paid for ServiCC$ Infol"m:\tion (if ne(.'(!.SSQI1'. Ii." (/dditwflQl nllm6J on $troQrare .'ihe~/) Nuttle Tille lip City Stor~ UC'sideru:r! Addrl!.'i.'i Nam;-'- Tilf~ Xi" Cic)' ,';,orc R~,,'idlJnt;tll\dd"e."s Till<! Name -~if;;id~nC-'ff Addre..t$ .~Jalt: ..__...~...?dl!-..... Ci~r~' Hnvc you (Guml>Jill!: M,umg<-f and Aulhori'1..ecl Officer) I'ellld. and do you thorouE;hly ~lllderSland 1he provisions or ,llllnW$. Ot(liMllCC!;.. and regulati(m~ governing the. opcmliollluld \1~C of g.ambJin~ dCVK:c1i {as outlined in Cily uf Hutchin~ OrdinlH\Ce J 1 Jj..20 ;l.n(l Minl\Csotn Sla[Ule~ Chapter 3491" CnmbUng Manof.cr 0 yes ~yes kI'Yl o nO A\I1Jlc,)ri~cd omc:~ 000 I"Wnl 1nWaf I "k,--cl...n: thAt tho. infornull..icm l have provide-d 011 !his ilfl(lliC<:llion is h"Uthful. and I lmt!U)nZc the City of Hutchin$.C)n to il1vc:aigatc the infomltlti(H1_'::ubm;l1cd. Also. t have. ~ccivc(\ from (he City of HutC',hinl:un a copy of Ihe City OnJinnncc No, ,~~71~UOg [0 gambling, and ~.WII~::li"nf.c my,ctf w,th tho "on[cnl> lhc"fouf. 'Y!~-- .~" -(1/< \ 304;;1- 07 . -- S;p,m,runr ()ff1I1JIIf!d~ ()ffil."~"tJff)lgulla.OI'()t1 VoIr , -~.._.._- !,;)j(}.fV!fJ ~~_.--- ~!'.e 'if e,,,,,/,I"'.l "'0''''8<' of ".g""iz",ion .3-~;;2-~7 Dor< Intel'nOlI U$~ Onl\' City Council 0 "J'>1)1'Ove(i 0 d~lIie:d Nores: ~(e) . . . ] 11 Hassan Street Southeast Hutchinson, MN 55350 (320) 587-5151/Fax, (320) 234-4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 davs before event in order to be considered A liqtion'l' D Full Year January 1- December 31. $100.00 Fee: D Short Term Date(s) Fee: $25.00 Of. aiijZiltiQnlJ)t~bnaiig\l jY\C Leod CJ)\)V\~ ?'v\e.(A5c~V\b (TNtA,U N me &'v'\ ~ City 320~ .5707-&&.>0 Phone Number ~ State 55!JSO Zip Day and time of meetings? " Is this organization organized under the laws of the State of Minnesota? D no How long has the organization been in existence? aOlttl') How may members in the organization? What is the purpose of the organization? ~'<:l~ v...-\ \l-C'. <;\0...- cd-',(}V\... In whose custody will organization records be kept? m ;-\-c~el FO\l0d \\0 ~CU.A \~ \),('J. UL ,~m Name 3(.O-5Bl- Jew Phone Number _ yv\LIJ State Address tMt:M. Ci' 55350 Zip anizaf;on Information ... True Name ),)/:)-1,1;1 -t:; 1,;7S Plume Number \D'd113 \ 55-1"- 5-\--- Residence Address G \e ;\;\ [Of City State Place of Birth: /-Iql/!h t'rJ S.-? City Dyes ~ >51 ?? Zip 111-{/; State MU- I '7 I /9t'r'} Month/day/year Have you ever been convicted of any crime other than a traffic offense? Date of Birth: 3 If yes, explain: ~(f) City of HUlc!linson Application for Bingo Gamhling Devices license Page 2 of 3 . Des hated Gamblin Mana efi!iQuali ed underMinnesota StaluIe ~a29) m:""W\ h-Ahf.( , True Name \\~^ u,l) {let \-\r)-\t lA'\v\S!JK Residence Address City Stale \0 lIS I &q PlaceofBirth!bI"Wvpt)\iS Month/day/year . City Have you ever been convicted of any crime other than a traffic offense? 0 yes fi'2'o ?J2() , 5<;>;1- ;:+If3LtL[ Phone Number \Uj )UIV 5S350 Zi #/IV State Date of Birth: If yes, explain: How long have you been a member of the organization? iOaIl1e!qfQlmation' . Location # J . YY\r If(')(f LOU'<\\-tA trAI rC\v()lMdS Name of location ';'hJ,.e game will iU played 2tl () t&/\l.~. Ii. A 5'0,) \4, *lri\v\!:(J)1. Address of loc~e will be played City 4>,,"\ \ 1.+ From S:nO 5127 -;Y-flQ P}wne Number MiL State 5~ 3SD Zip Date(s) and/or day(s) gambling devices will be used: through @ To ,O'ill ~ . Hours of the day gambling devices will be used: Maximum number of player: <3.(1) Will prizes be paid in money or merchandise? 0 money )61 merchandise Will refreshments be served during the time the gambling devices will be used? If es, will a char e.be made for such refreshments? 0 no ji yes Ono Location #2 Name of location where game will be played Phone Number Address of location where game will be played City State Date(s) and/or day(s) gambling devices will be used: through AM Hours of the day gambling devices will be used: From PM To Maximum number of player: Will prizes be paid in money or merchandise? 0 money 0 merchandise Will refreshments be served during the time the gambling devices will be used? 0 yes 0 no If es, will a char e be made for such refreshments? 0 es 0 no Zip AM PM Name Title Residence Address City State Zip . Name Tit/e Residence Address City State Zip o (f) -----.- . . . City of Hutchinson App{icationfor Bingo Gambling Devices License Page3of3 Title Name State Zi Residence Address City Officers or Other Persons Paidfoi Services Information (ifnecessarv, list additiolla/Ilames ()nsecltIttItesheet) Name Title Zip State Residence Address City Name Title State Zip Residence Address City Name Title City Zio State Residence Address Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances. and regulations governing the operar" n and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapt 349)0 Gambling Manager ~es 0 no Authorized Officer ~~ 0 no.~ If? to ni I Initia/ I declare that the information I have prov ded on this application is truthful, and I authorize the City of Hutchinson to investigate the informationsubmitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. I ]4.20 relating to gambling and I will familiarize myself with the contents thereof. 3 -;16 -C) 7 Date ]---2001 I t: Date InternallJse OnI City Council o approved 0 denied Notes: ~(f) ,-. ~ . : I HHLar. Str~t Sf'I.l!hC~:,l HLl(~.:r:~un. t\i~ 55)5::' ,3 2()'15S7-SJ5['Tax: iJ20) :J4 -t24(;' Cit} of Hlltchinson APPLICATION FOR PE DDLERS, SOLICITORS, A."lD TRANSIENT MERCHANTS Date(s) O~. SJle . '.':-'~~:C(';'<'.' tbe 0 7 , r.);X) , '7/000 i I a. Solicitor ;4 Tr.:msic;lt MC'rl;h.am .J Pede'er :;JPf.iT<3Je P:::ddkr SIOO.OO ~-.' SIOOM $25,00 Date of Applicatbn :".0" :~'f.,. ,." .,"",' : '~_I 'c' -' )r -iig;i_';;;;'~.-~;J~{:;,:ii'~' .- :>li:i'~',/~\Ii~;. ;,; ,.;;,-; "-IJ"'C", . :~~~:'+Jv'~~"::~\.,;~Yii~i>1 , ~:;;;Pii!;~ti~>h.i, ' , . ".. ' -- -' _ .' "'.' .,..1" .-_ ".-<",," ',',- ~ 'I I 2" X :;:P Picrure Re.quired I I ~ed S~-0~ I Na.'l1e kCc\\c\';;:U , r'!O" I Height: ~._ Weighc Dr\.~r's License Number; ~ ex'\' N\.Clf'\ d ~ Eye Cole., \-\ J)7.1~.J State; CD1J. . PetmanontAddress; L~iSI Lj~rnCrNE ,~L,~ f1.lh.L. .S~,."'\ 7L I .. (it).. Sim", lip I. , ! PennanentTelepr.one. 103 L..jq 7 - 16(,;' i Temporar)' Add,,,,,, u ___ [iI)' SlCI'! --z;;- J Te:nporary Telfphol1~ A.C.(.:'S5: Have you been cor..victed of any crime, mi5.d::rneano[. or viomtion of any munici?a! ordina."lCe, other '\-Ian b"affic v!Jlations? 0 yes ~ no If )'es~ s:.ate the nature of offense and punishment or penalty assessed therefore: .;,. ~ . 0(3} ~!'f,)J '7,,,,u',,".I',)1; .~pphca1tcn/.)r Pniikr.i, Solt(ifr;r.l, ani Trw:~':'aJ; !.f"trcr.wd,s hg:,]of') . iG~I~6"OS "'~'.>; -_.W(:\. ( ~ CD 0. I" 1- {..()CQt}{JY, ,\'an4! ".. .:, "" I'V':, 1 sCYJ \ f'( X\ \2. \-k ~ D-s__ Location Address dukhV:irt\ ~l!y mw SW;(T S,S <sO Zip D~libe rehltionship betv.'een applicant and ernp!o:yer: wX\c\C\r Describe nature of business and descnbe ifem(s) offered: \l\N a~\'f\\\~ Q~Ch\'\(S urviC"'r~M'jr-oM'::l Describe mc(hod of dcJiv~lY: 8~ h--()C-k . Describe source of supply: -~~(I)('f;'~~. SlippfrtfJ">'cmu .dJ1 c~}k~1""w WI 7fSct;:;C-lJI18 Slrpp/ff Phone J\'W1btr JsIKQ;'~lh .WL S46/,C, c il)' SJ4J~ ZiP ;"PpJi~r .~'011t~ SJ./pp/~ P~M ,llwrrtH, _.- Zip Sl.I{)pliet Addfi!.s., City S- -S~plier .~"amt Supp/l.r PhunI }{w:tbl,. Supp!i~r Add,tS.! City St4t< Zip F~:W~t;oJi~fur,C<'-_;;1:fY'';l;!i;[]j~i>::i''';~Fir;c_rr~::;f;-WJ[1~;;TFi;iP .' ... _.--:!ic...:~i.' .~:j;g' .J,!~ 'I Provide two (2) prof'OTlY owners (preferably in McLeod County) for charneter references: I WCt(- f'r\cr-t - HdtC\\I'\\S()D .~ 361_1600 ! Propr.rt1' OlHIt'r .Vame ProJW1y Otnu,.?hmt -".ranlber ___13()() \\'()\\ I! r\U)~ l'\ S f-lukhll'\.;;D'\ JnlI Po.f\\ d~,~,~rc~,t;::~( M c'o 300 Z~<i bclf; f;lrOf~rl)' o..'nrr NaTffi Pr(lptl."Ty o..,'M.- Pmne j..../lmb!y ) 3 d JS \ L?"~,~",S,~AfM _(d~{iY ~ N -4(p~3b I ~~ ~ . (Q[3) II)' ':' dl!{~'t1,r;:iO)" ,-IppliC<J:u;"j"r /'r:ddlr;r.r. Sol.'dfvr~'. und r~<.Jr.~k'/l .I1~n-:/<J/;1.S Pag( 3 ",I! . I R;cfcH,,,~.::~~ge1t~r:.',~i'~,;;'J.'H~t:;~)f;;:1'Y'< .'< ' ;;iHFfin::;!-N!<>;."'I" 1 !. 's-[ last {up to three (J)} prC\K>\.lS :itY(CS:l h'here yo<.; c.aried on same activit'j"" Hbl~c.()(", -ffi 1\\ \')f\I',()S. 'c. 1ol~ 0_:) CJt.' Stlle "JtllC\nQJ/\~"'lt:. LA), \ \ f'i)CC ....IN Reo\ u~ '1;0-\ \ ~ Ciry illM__ Stlle u \"f\t' n5' 10 Jo I ~ 0 '\ Dal:e(;)vfA~it:-' _fht\I_ S1>le luCV'O <;: 10 -:In ('j (')S D8tc(s) QfAarvrty ,. ~~rt,~"/~!'~''".'<'''<''~';''>^'~'''' ,t..',... " '.:, ',>0, ~:I'~''-o:'-'rl'~,~.-.j 'Inh-"~.,1."..' :r.",,,-:~,~: --,..,:"",t.:,,,.,..-,: ;""";"'.'", -'~ ;t..~. ;,-" ," -. '. '.: '.'''.~, '--:. :...':... ~:~~~!:-.~~}~~,<,-:,'~~' 'r.'tr}'iLY:':~: ':~nf.,:k"'> t,<:>::~, -"'):;:""':;:'::~'J~il(t:f;""':'''~'h:l'.,:(.;~~,' ,'''':.;: ,'-;,' '~,:':.' ~~':"'.,' .: ',I, . : The followmg items need to be C".crnpleted and/or attache-d in orde7' for the application to be processed: : Arplintion}lnv'3S:1lgmjun fee pa:d in full (cl1eck or mOlle',,-'order): ~es 0 no Application completed in full and signed: ~:~__ 0 no I . I hereby certify I h?ve c(lmple;ely filled:)ut the entire above apphcatioD and that the 3?plication i.! true, CO;Tect, and accurate. l i (j,,:< ujll!~'j ~'l",r,U U,d.1 L.l.:I~' J-I-\:l ~'.'I, v,lk .~ IL'wl"':-J .U(; pi u:,,'isiO!l (;f lile Pc-ddjels, S(}li(ita~s, and Trrill5kn: >lerchams Didj,1~;~C Nt.\ 673 is guilty of a mi}demear:or and upon conviction rl1e:-eof shall be punished by a ftoe nor eJ!l!eeding $1 ,OOO.[)O or by imprisonment for a period not excc~.ding 90 days m both, plus, in eit.her C!'lse, the cool5 of prosecution. I:!uL"i.J!t,~fJ'M'~- " Applic:,mt 's Signature z - ( " -0 I Dati'- Illlt_l~onw '.. k. :r:";k~\iP.1i"?"!,' l Polie, :J approved :J denied Notes: City Council 0 approved 0 denied Noles: .',?,;'~~i~~:"" " {:~,f~~<~; -;' 1--:' h :1..,-=-.',..IPJlI'C'-liQftIol"edoWf, 3<..~k".I~r, rr~.., 1lllt~<lI;. ;,- ~ . (p(JJ . Wal-Mart Stores, Inc. IncomeOevefopment Caiporate Office 1300S.E. 8~ Street Bentonville. AR 7271 &-0850 Rob Grippi Project Manager - Other Income a1gnpp@wal-martcom Phone (479) 204,3037 Fax (479) 273-4100 January 29, 2007 To Whom It May Concern American Promotional Events. Inc. dba TNT@ Fireworks is an approved National Supplier for 2007 to conduct fireworks sales on our stores' parking lots where tlis type of promotion is legal Events usually run 7 to 10 days with set up beginning approximately 5 days prior to the event . An American Promotional Events, Inc dba TNT@ Fireworks representative wil call you to introduce the company and discuss your participatioh in the event. Participation in this event is not mandatory, but does add additional income to your bottom line profits The Store Manager must approve the store's participation and placement on lhe parking lot by store stamping the Pre-Sale Survey. Then, Other Income will send an email to the store verifying approvaL TNT@ Fireworks is responsible for obtaining all necessary permits and/or licenses and must display such permits and/or licenses at each location Thank you in advance for your cooperation in this matter and if you have any ~estions, please contact Other Income at (479) 273-4516. Sincerely, d1?ti: 1Jf Rob Grippi Project Manager ~ Other Income Wal-Mart Stores. Inc. t . dl..,,;l, '" \..'t)I-,j IckllldL ~IJU(' \\';;I'I\lart Stur~'s ill~' :\:1 rlgl]:., Il'~L'r,...<J ulq) . CHIROPRACTIC OFFICE LEASE Landlord: Hutchinson Area Health Care Tenant: Lease Date: ,2007 Lease Term: ,20 , 2007 ("Commencement Date") to and including , unless sooner terminated as herein provided. Premises: That real property in Meeker County, Minnesota, legally described as Security Deposit: $ , which deposit shall be restored to such amount by Tenant upon demand by Landlord if all terms of this lease are complied. Witnesseth that, in consideration of the Lease for the Premises, the rents agreed to be paid, and of all the other mutual covenants and agreements contained herein, It is agreed: . Premises and Use. Landlord hereby leases to Tenant and Tenant hereby accepts and leases from Landlord, for the term set forth above, the Premises, together with the right to use, along with their agents, customers, employees and invitees, the parking areas, walkways, driveways and any other areas located on the real property including in or on any structures on the real property in accordance with this Lease, and subject also to any and all existing leases, encumbrances, conditions, covenants, easements, restrictions and rights of way, whether or not of record, and any other matters of record, if any, and to such matters as may be disclosed by an inspection or a survey. The Premises shall be occupied and used exclusively by Tenant for the practice of the chiropractic arts and massage therapy only (provided, however, that Landlord does not hereby make any warranty or representation, expressed or implied, that the Premises may be used for such purposes under applicable building, zoning and other laws, ordinances and codes), and for no other purpose in compliance with all applicable federal, state and local laws, ordinances, codes, rules, regulations and orders and also in compliance with any rules that the Landlord may implement with regard to the Premises and the same as they may be from time to time supplemented or amended. Tenant shall, at its expense, make any and all alterations and improvements to the Premises required at any time in order for the Premises and the use thereof to comply with such laws, ordinances, rules, regulations and orders. No part of the Premises shall be used for any purpose which constitutes a nuisance or which is dangerous, illegal or offensive, or which interferes with the general safety, comfort and convenience of the . U(h) . 2. . . Landlord and other tenants of the building, if any. If Tenant stores any dangerous substance or material in or on the Premises, Landlord shall have the right, in addition to any other rights and remedies it may have under this Lease or otherwise, to remove and store the same, at the sole cost and expense of Tenant. If Tenant's use of the Premises causes an increase in such insurance premiums, Tenant shall payor reimburse Landlord for the full amount of such increase. Rent A. Tenant shall pay to Landlord during the lease term a yearly rent of $ ("Base Rent") in equal monthly installments ("Monthly Base Rent") of $ per month as suggested from time to time in accordance with the provisions of this Lease payable in advance on the first day of each month during the lease term in lawful money of the United States to the Landlord without any deduction, offset, counterclaim or reduction whatsoever at the office of Hutchinson Area Health Care, 1095 Hwy 15 South, Hutchinson, Minnesota 55350, or at any other such place as the Landlord shall designate. B. In the event that the lease term commences on a day other than the first day of the month or terminates on a day other than the last day of the month, or both, the rent, as defined below, including any adjustments therein made in accordance with this Lease, payable during such first or last month, shall be adjusted on a pro rata basis. C. If any amount due from the Tenant is not received by Landlord on or before the fifth (5th) day following the date upon which set amounts become due and payable, a late charge ("Late Charge") of five percent (5%) of said amount shall become immediately due and payable as set forth below. Landlord and Tenant agree that the Late Charge represents a fair and reasonable estimate for the processing, accounting and other costs that Landlord will incur by reason of such late payment. For each of Tenant's checks payable to Landlord that is retumed by the depository bank for any reason attributable to Tenant, Tenant shall pay a late charge, if applicable, a return Rent Charge of forty- five dollars ($45.00), subject to Landlord's reasonable increases from time to time without notice to, or consent of, Tenant ("Returned Rent Charge"), and any returned check charge ("Returned Check Charge") which the depository bank has charged Landlord for such check. All rent, as increased by Late Charges, Returned Rent Charges, and Returned Check Charges which is not paid within ten (10) days after due shall bear interest from the date due until the date paid at the rate of eighteen percent (18%) per annum or the highest rate permitted by law whichever is more. All Late Charges, Returned Rent Charges, Returned Check Charges and interest accrued pursuant to this Section 2(c) shall be deemed additional rent and shall be due and payable, along with other rent then arrears, within ten (10) days after Tenant receives Landlord invoice for such charges. Landlord shall be entitled to apply for any funds received from Tenant pursuant to this Section 2(c) to amounts then due and owing by Tenant to Landlord, regardless if such amounts are in arrears, in a manner determined by Landlord and Landlord's solo and absolute discretion. Nothing in this Lease shall be construed so as to compel Landlord to accept payment of rent in arrears should ~[V\) . 3. 4. . 5. 6. . Landlord elect to apply Landlord's rights and remedies available under this Lease or at law or in equity in the event of a Tenant default. Landlord's acceptance of rent in arrears pursuant to this Section 2(c) shall not constitute a waiver of Landlord's rights and remedies under this Lease or at law or in equity. Acceptance of Premises. Tenant acknowledged that it has inspected the Premises and accepts the Premises in their "as is" condition, and the equipment, plumbing, drains, fixtures, appliances and machinery therein in their present condition as suitable for the purposes for which they are leased, and further acknowledges that no representations as to the repair of the Premises, nor promises to alter, remodel, or improve the Premises, having been made by Landlord, accept as may be provided in an exhibit attached hereto and made part hereof. Tenant's taking possession of the Premises or any portion thereof shall be conclusive evidence against Tenant and that portion of the Premises taken possession of was then in good order and satisfactory condition. Utilities. Tenant shall pay for all utilities that are now or in the future shall be separately metered to the Premises, including gas, electricity, water and sewer and other utilities service used within the Premises during the term of this Lease. Tenant understands, acknowledges and agrees that anyone or more of the utilities or other building services identified above may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made; that Landlord does not represent or warrant the uninterrupted availability of such utilities or building services; and that any interruptions shall not be deemed an eviction or disturbance of Tenant's right to possession, occupancy and use of the Premises or any part thereof, or render Landlord liable to Tenant in damages by abatement of rent or otherwise, or relieve Tenant from the obligation of performance covenants under this Lease. Maintenance by Landlord. Subject to the provisions of Article 2 - "Rent" hereof, and provided Tenant is not in default, as defined in Article , Landlord shall, at its expense, keep in good order, safe condition and repair, the exterior walls, roof, floor, foundation, and interior support columns of the Premises, except as otherwise herein which may be more specifically stated in this Lease. Maintenance by Tenant Tenant shall be solely responsible for providing and paying for its own trash removal, janitorial services, including without limitation window washing, for the Premises. Further, except for the repairs which Landlord is expressly obligated to make under Article 5, Tenant shall be solely responsible for the maintenance and repair and good working order, and condition of all parts of the Premises, including without limitation: the interior of the Premises; entrance and interior doors; overhead doors; re-keying and related repairs of locks located in or serving the u{n) . 7. . . Premises; and replacement of broken glass located in or forming a part of the perimeter of the Premises. Tenant shall be responsible for all lawn maintenance and snow removal from the premises. Insurance. A. At all times during the lease term, Tenant shall, at its sole cost and expense, maintain in full force and effect, insurance protecting Tenant and Landlord, and the respective agents, and any other parties designated by Landlord from time to time, with terms, coverages and accompanies at all times satisfactory to Landlord as follows: i. Commercial general liability insurance against claims for personal injury, death or property damage occurring in connection with the use and occupancy of the Premises, including contractual liability insuring the indemnification provisions contained in this Lease, naming Landlord, and Landlord's mortgagee, principals and principal's beneficiaries, if any, as additional insureds such insurance to afford protection to the limit of not less than $1,000,000 for each occurrence and annual aggregate. ii. At all times when any work is in process in connection with any change or alteration being made by Tenant, Tenant shall require all contractors and subcontractors to maintain the insurance described in (i.) and (ii.) above. Landlord and Landlord's mortgagee, principals and principals' beneficiaries, if any, will be added as additional insureds to such policies, and evidence of the same shall be delivered to the Landlord. iii. Property insurance on an "all-risk" basis (including sprinkle leakage, if applicable) for the full replacement cost of all additions, improvements and alterations to the Premises and of all office equipment, fumiture, trade fixtures, merchandise and all other items of Tenant's property on the Premises. Tenant agrees to have such insurance policies endorsed to provide for a waiver of subrogation against Landlord by the insurance carrier. B. Tenant shall, prior to the commencement of the term hereof and prior to the expiration of any policy, furnish Landlord certificates evidencing that all required insurances in force providing that such insurance may not be cancelled or changed without at least thirty (30) days prior written notice to the Landlord and Tenant (unless such cancellation is due to nonpayment of premiums, in which event ten (10) days prior notice shall be provided). C. Tenant shall comply with all applicable laws and ordinances, all orders and decrees of any court and all requirements of other governmental authority and shall not directly or indirectly make any use of the Premises which may thereby be prohibited or be dangerous to persons or property or which may jeopardize any insurance coverage, or may increase the cost of insurance or require additional insurance coverage. D. Landlord agrees to carry policies insuring the project which are written on a "special form" (all-risk) basis including the perils of water damage and theft and including ~(h) . coverage for loss of rental income. Landlord's coverage will be written on a replacement-cost basis for such improvements and shall include leasehold improvements which are to remain upon Tenant vacating the Premises. Such policy shall not, however, include floor, wall coverings, trade fixtures, special equipment, stock, merchandise and personal property of Tenant. E. All personal property of any kind that may be on or about the Premises shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant for any theft or damage thereof. Landlord and its tenants, servants or employees, shall not be liable for any injury, loss or damage to any persons or property on or about the Premises from any cause whatsoever, unless the same is caused by or due to the gross negligence of Landlord and there is no fault or negligence of Tenant and Tenant shall save Landlord harmless and indemnify against such injury, loss or damage, or claim or liability thereof arising from any omission, neglect, or default of Tenant. 8. Indemnification. Tenant shall indemnify and save harmless Landlord against all liabilities, damages, claims, fines, penalties, costs, and other expenses, including all attorneys' fees, which may be imposed upon, incurred by, or asserted against Landlord by reason of the following: . (a) (b) (c) (d) (e) (f) (g) (h) (i) any use or condition of the Premises or any part thereof; any personal injury or property damage occurring on the Premises; any negligence on the part of Tenant, its agents, contractors, licensees, invitees, customers, employees, or patients; any failure to comply with any requirement of any govemmental authorities; any prosecution or defense of any lawsuit or other proceeding in discharging the Premises or any part thereof from any liens, judgments, or encumbrances, created upon or against the same or against Tenant's leasehold estate; any proceedings in obtaining possession of the Premises after the termination of this Lease by forfeiture or otherwise; any litigation commenced by or against Tenant to which Landlord is made a party without any fault on the part of the Landlord; any response costs, other damages, and expenses (including attorneys' fees) which may be imposed upon, incurred by or asserted against Landlord by reason of the use, release, threatened release or disposal of hazardous substances at the Premises; any failure on the part of Tenant to perform or comply with any covenant or agreement required to be performed or complied with by Tenant hereunder. 9. Waiver of Claims, Subrogation. . (Q(h) . 10. . . Landlord and Tenant release each other from any liability for loss or damage by fire or other casualty coverable by a standard form of property insurance policy, whether or not the loss or damage resulted from the negligence of the other, its agents or employees. Each party will use reasonable efforts to obtain policies of insurance which provide that this release will not adversely affect the rights of the insureds under the policies. The releases in this section will be effective whether or not the loss was actually covered by insurance. Impairment of Use. If the Premises or any part of the Premises shall be damaged by fire or other casualty and if such damage does not render all or a "substantial portion" (as determined by Landlord) of the Premises untenantable, then Landlord shall proceed to repair and restore the Premises with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's control. If any such damage renders all or a substantial portion of the Premises or the project untenantable, Landlord shall with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration of such damage and shall by notice advise Tenant of such estimate. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed one hundred eighty (180) days from the date of such damage occurred, then either Landlord or Tenant (but as to Tenant, only if after all or a substantial portion of the Premises are rendered untenantable) shall have the right to terminate this Lease as of the date of such damage upon giving notice to the other at any time within twenty (20) days after Landlord gives Tenant the notice containing said estimate (it being understood that the Landlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimate). Unless this Lease is terminated as provided in the preceding sentence, Landlord shall proceed with reasonable promptness to repair and restore the Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's control, and also subject to the zoning laws and building codes then in effect. Landlord shall have no liability, and Tenant shall not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the time period estimated by Landlord, as aforesaid, or within one hundred eighty (180) days, so long as Landlord shall proceed with reasonable diligence to complete such repairs and restoration. Notwithstanding anything to the contrary herein set forth, (a) Landlord shall have no duty pursuant to this section to repair or restore any portion of the alterations, additions or improvements made by Tenant in the Premises or to expend for any repair or restoration amounts in excess of insurance proceeds paid to Landlord and available for repair or restoration, and (b) Tenant shall not have the right to terminate this Lease pursuant to this article of the damage or destruction was caused by the act or neglect of Tenant, its agents, partners or employees. In the event of any such fire or casualty damage not caused by the act or neglect of Tenant, its agents, partners or employees, renders the Premises untenantable and Tenant is not occupying the Premises, and if this Lease shall not be terminated pursuant to the foregoing provisions of this section by reason of such damage, then Rent shall abate during the period beginning with the date of such damage and ending with the date when Landlord completes its repair and restoration. Such abatement shall be in an amount bearing the same ratio to the total amount of Rent for such period as the portion of the Premises not ready for occupancy from time to time bears to the entire Premises. In the event of termination lJ{h) . 11. . . of this Lease pursuant to this section, Rent shall be apportioned on a per diem basis and be paid to the date of the fire or casualty. ASSIGNMENT AND SUBLETTING. A. Because Landlord wishes the party in possession of the Lease Premises to be bound to Landlord by direct privity of contract, Tenant may not sublease the whole or any part of the Premises without the prior written consent of Landlord, which consent may be withheld in Landlord's sole and absolute discretion. B. Tenant may not, voluntarily or by operation of law, assign, mortgage, pledge or otherwise transfer this Lease without the prior written consenf of Lanalord, which consent Landlord may grant or withhold in its absolute discretion, except as set forth below. If Tenant is a corporation, then any transfer of this Lease by merger, consolidation or liquidation, or any change in ownership of the shares of voting stock shall constitute an assignment of this Lease, and, as such, shall require the prior written consent of Landlord. If Tenant is a partnership, any transfer, assignment or sale of a partnership interest, or any change in the partners comprising Tenant, shall constitute an assignment of this Lease, and, as such, shall require the prior, written consent of Landlord. In no event shall this Lease be assigned or assignable by voluntary or involuntary bankruptcy proceedings or otherwise, and in no event shall this Lease or any rights or privileges hereunder be an asset of Tenant under any bankruptcy, insolvency or reorganization proceedings. C. The prior written consent of Landlord to any such proposed assignment, subletting or transfer shall not be withheld unreasonably, if all of the following conditions are met: 1. The proposed assi~nee or sublessee has a net worth at least equal to Tenant and Tenants Guarantor(s), as identified on attached Exhibit G (if any) as of the date of signing this Lease, or the date of the proposed assignment, whichever is greater; ii. The proposed assignee or sublessee is creditworthy considering the obligations to be assumed under the Lease; iii. The proposed assignee or sublessee has experience and expertise in operating a business similar to that being conducted in the Premises; iv.. The use of the Premises will comply with Article I, and, in addition, the proposed assignee's use will not conflict with Landlord's current or projected tenant mix of the Project or with exclusive uses granted or to be granted to any other tenant(s) of the Project; v. Tenant and Tenant's Guarantor(s) (if any) acknowledge in writing that they will remain liable for the performance of all obligations pursuant to the Lease; vi. Tenant, Tenant's Guarantor(s) (if any) and the proposed assignee or sublessee agree in a written amendment to this Lease, in form and substance acceptable to Landlord, that the Base Rent, as of the effective date of such assignment shall become the greatest of the following: (oc V\) viii. The Base Rent then applicable; The prevailing market rate determined by Landlord for Base Rent for similar space in the Project at the time of the assignment. No default by Tenant shall be in existence at the time of the request for consent or at the time of the actual assignment; The proposed assignee or sublessee is not currently a tenant in the Building or other building owned by Landlord, and Landlord is not currently negotialing a lease with lhe proposed assignee or sublessee for space in the Building or another buildmg owned by [andlord. (I) (2) . vii. D. If Tenant desires to assign the Lease, it shall so notify Landlord in writing at least thirty (30) days prior to the proposed effective date of the assi!;jnment. Tenant shall provide Landlord with: a copy of the proposed assignment, financial information, bank references and financial statements of the proposed assignee; a copy of the agreements referenced in Sub-Articles 17(v) and 17(vii) above; and, such further information as Landlord might request concerning the proposed assignee. Within fifteen (15) days after Landlord's receipt of all required information concerning the proposed assl!;jnee, and the satisfaction of all of the conditions specified in SubArticles 17(c)(i) through I 7( c)(vii) above, Landlord shall have the following options: i. To cancel this Lease and upon such cancellation, all parties shall be released ITom liability hereunder for obligations arising thereafter and Tenant will immediately vacate the Premises; . To consent to the proposed assignment; or To refuse to consent if reasonable grounds exist therefor, provided that if the conditions specified in Sub-Articles 17(c)(i) through 17( c)(vii) are not satisfied, Landlord's consent to the proposed assignment may be withheld or granted in its sole and absolute discretion. E. If Tenant, having first obtained Landlord's consent in accordance with the . foregoing provision of this article, shall assign this Lease or sublet the Premises, or any part thereof, at a rental or for other monetary consideration in excess of the Rent or pro rata portion thereof due and payable by Tenant under this Lease, then Tenant shall pay to Landlord, as Additional Rent (I) on the first day of each month during the term of any sublease, one-half (-) of the excess of all rent and other consideration due from the subtenant or assignee for such month over the Rent then payable to Landlord pursuant to the provisions of this Lease for said month (or if only a portion of the Premises is being sublet or assigned, the excess of all rent and other consideration due from the subtenant or the assignee for such month over the portion of the Rent then payable to Landlord pursuant to the provisions of this Lease for said month which is allocable on a square footage basis to the space sublet) and (2) immediately upon receipt thereof, one-half (-) of any other rent or consideration received by Tenant from such assignment or subletting. ii. iii. . F. If Tenant is a corporation, (other than a corporation whose stock is traded through a national or regional exchan~e or over-the-counter), any transaction or series of transactions (including, without limitation, any dissolution, merger, consolidation or other reorganization of Tenant, or any issuance, sale, gift, transfer or redemption of any capital stock of Tenant, whether voluntary, involuntary or by operation of law, or any combination of any of the foregoing transactions) resulting in the transfer of control of Tenant, other than by reason of death, shall be deemed to be transfer of Tenant's interest under this Lease for the purpose of this article. If Tenant is a partnership, any transaction or series of V (h) . 12. . . transactions (including, without limitation, any withdrawal or admittance of a partner or any change in any partner's interest in Tenant, whether voluntary, involuntary or by operation of law, or any combination of any of the foregoing transactions) resulting in the transfer of control of Tenant, other than by reason of death, shall be deemed to be a transfer of Tenant's interest under this Lease for the purposes of this article. The term "control" as used in this article means the power to directly or indirectly direct or cause the direction of the management or policies of Tenant. If Tenant is a corporation, a change or series of changes in ownership of stock which would result in direct or indirect change in ownership by the stockholders or an affiliated group of stockholders of less than fifty percent (50%) of the outstanding stock as of the date of the execution and delivery of this Lease or which are effected through a recognized stock exchange to stockholders not acting in concert to obtain control shall not be considered a change of control. G. Consent by Landlord to any assignment, subletting, use or occupancy, or transfer shall not operate to relieve the Tenant from any covenant or obligation hereunder, except to the extent, if any, expressly provided for In such consent, or be deemed to be a consent to or relieve Tenant from obtaining Landlord's consent to any subsequent assignment, transfer, lien, charge, subletting, use or occupancy. Tenant shall pay all of Landlord's costs, charges and eXfensesi including reasonable attomEl}"s fees incurred in connection with anyassignmen or sub ease requested or made by Tenant. AL TERA nONS AND MECHANIC'S LIENS. A. Tenant shall not make any alterations of, or additions to, the Premises without the prior written consent of Landlord. Landlord shall have the right to approve all plans, specifications, contractors, and laborers to be used for such alteration or addition. B. At the termination of this Lease, Tenant shall, if Landlord so elects, remove all temporary or permanent alterations, additions, improvements, installations, hardware and non-trade fixtures erected or installed by Tenant and restore the Premises to their original condition; otherwise such alterations, a<:lditions, improvements, installations, hardware, and non- trade fixtures shall be delivered up to the Landlord with the Premises; provided, however, if prior to the expiration or earlier termination of this Lease, or within ten (10) days thereafter, Landlord so directs by notice, Tenant shall promptly remove, at Tenant's cost, such alterations, additions, improvements, installations, hardware and non-trade fixtures. If Tenant fails to remove such items upon such request, Landlord may do so at Tenant's expense which Tenant shall reimburse Landlord for upon demand. All movable office fumishings and trade fixtures installed by Tenant may be removed by Tenant at the termination of this Lease if Tenant so elects, and shall be removed if required by Landlord. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities of the Premises. Personal property remaining in the Premises at the expiration or termination of the term of this Lease stiall De deemeaabandoned, and become the property of Landlord, and Landlord may dispose of the same as Landlord deems eXl?edient. The provisions of this section shall survive the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary in this Lease Landlord may retain Tenant's Security Deposit after the expiration or earlier termination of this Lease until the earliest of the following events to occur: (a) Landlord elects to retain such alterations, additions, improvementsJ installations, hardware and non-trade fixtures; (b) Landlord requires Tenant to remove ana restore certain areas or items of the Premises and Tenant completes and has paid for such work; or (c) Landlord removes and restores certain areas or items and has been paid for the cost thereof by Tenant. In the event that Tenant refuses to pay for the work within twenty (20) days after Tenant's receipt of Landlord's notice requesting such payment, Landlord may apply all or any portion 0 the Security Deposit toward the payment of such unpaid costs relative to the removal and restoration work. The retention or application of such Securi!)l Deposit by Landlord pursuant to this section does not constitute a limitation or waiver of Landlord's right to seek further remedy under law or equity. (lh) . . . C. Notwithstanding anything to the contrary contained in this Lease, Landlord shall in all events have the rig lit to prescribe the weight and position of any safes and other heavy equipment placed In or on the Premises by Tenant. Any and all damage or injury to the Premises or the Project caused by moving the property of Tenant in or out ofthe Premises, or due to the same being in or on the Premises, shall be repaired by Tenant at its sole cost and eXRense. No equipment, fixtures, fumiture or other bulky matter will be received into or carried in the Project, except in or at such places, at such times and in such manner as are approved by Landlord, and all moving of Tenant's pro!?erty in or out of the Premises shall be done only under the direct control and supervision of Landlord; provided, however, that Landlord shall not be responsible for any damage to or charges for moving such property. D. All work in connection with any alterations, improvementstchanges, additions or repairs in the Premises or the Project made by or for the benefit of enanfshaU be performed in full compliance with all laws, ordinances regulations, rules and requirements of all governmental entities having jurisdiction and in full compliance with all insurance rules, orders, directions, regulations and requirements. If there is now or if there shall be installed in the Project a sprinkler system, and if any fire rating bureau or any similar body having jurisdiction or any governmental authority having jurisdiction requires or recommends that any changes, modifications, alterations, additional sprinkler heads or other equipment be made or supplied by reason of Tenant's business or the improvements it has added or the location of partitionsl trade fixtures or other contents of the Premises, or if any such changes, modifications, a terations, additions or other equipment become necessary to prevent imposition of a penalty or charge against the full allowance for a sprinkler s,!,stem in the fire insurance rate as fixed by said bureau or by any fire insurance comp-any, Tenant shall, at its own cost, promptly make and supply all such changes, modifications, alterations, additional sprinkler heads or other equipment. E. Before work is commenced as p'rovided in this articlei Tenant shall give Landlord at least fifteen (15) days' written notice. Landlord shall be enti led to enter the Premises during regular hours to post a notice of non-responsibility. Tenant shall secure, at Tenant's own cost, payment and performance bonds, satisfactory to Landlord, for said work, and during the progress of the work Tenant shall at its sole cost and expense, upon Landlord's requesf, fumish Landlord with sworn contractor's statements and lien waivers covering all work theretofore Rerformed, together with such endorsements to Landlord's title insurance policy as Landlora may require. Tenant will not permit any mechanics', laborers' or materialmens' liens to stand against the Premises or the Project for labor or materials claimed to have been furnishea in connection with any work performed or claimed to have been performed in or about the Premises. If any such mechanics' lien shall at any time be filed against the Premises or the Project, Tenant shall cause the same to be discharged of recorawithin twenty (20) days after the date of filing. If Tenant fails to discharge sucli mechanics' lien witliin such period, then, in addition to any other right or remeay of Landlord, Landlord may, but shall not be obligated to, procure its discharge by paying the amount claimed to be due, or by deposit in court, or by bonding, and in any such event Landlord shall be entitled, if Landlord so electsl to compel the prosecution of an action for the foreclosure of such mechanics' lien by the lienor and to Ray' the amount of the judgment, if any, in favor of the lienor witli interestJ costs ana allowances. Any amount paid by [and lord for any of the aforesaid purposes, ana all reasonable legal and other expenses of Landlor~} including reasonable counsel fees, with interest thereon at the rate of two percent (2%) per month until all monies are Qaid, shall be deemed Rent hereunder and be Rayable by Tenant to Landlord on demand. Tenant agrees to indemnify, hold harmless and aefend Landlord from any loss, cost, damage or expense, includil)g atforney's fees, arising out of any such lien claim or out of any other claim relating to work done or materia s supplied to the Premises at Tenant's request or on Tenant's behalf. &Ch) . 13. DEFAULT OF TENANT AND REMEDIES. 13.1 DEFAULTS. The following events shall be deemed to be events of Default by Tenant under this Lease: A. Tenant shall fail to pay any installments of Base Rent hereby reserved or any other Rent when due or any other charge payable hereunder when due. B. Tenant shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors. C. Any voluntary petition in bankruptcy or for corporate reorganization or any similar relief shall be filed QY Tenant, or if any involuntary petition in bankruptcy shall be filed against Tenant under any federal or state bankruJ)tcy. or insolvenc'{act and shall not have been dismissed within sixty (6U) aays from the Tiling thereof. D. A receiver or trustee shall be appointed for all or substantially all of the assets of Tenant. E. Tenant shall abandon or vacate any substantial portion of the Premises. . F. Tenant shall cause or suffer a lien to be filed against the Premises or any part thereof. G. Tenant shall fail to comply with any term, provision or covenant of this Lease (other than the forejloing in thiS Section 16.1) and shall not cure such failure within ten (1u) days after notice from Landlord. . 13.2 REMEDIES. Tenant hereby agrees that in case Tenant shall Default in making its payments hereunder or in performing any of the other agreements, terms, and conditions of this Lease, then, in any such event, Landlord, in addition to all other rights and remedies available to Landlord by law or by other provisions hereof, at Landlord's option, may (i) end this Lease after giving Tenant an additional five (5) days' notice of its intention to do so and in accordance with any laws governing such termination, and Tenant shall then surrender the Premises to Landlord; (ii) Landlord may enter and take possession of the Premises, in accordance with any laws governing such repossession, and remove Tenant, with or without havin~ terminated the Lease. Landlord's exercise of any of its remedies or its receipt of Tenant s keys shall not be considered an acceptance or surrender of the Premises by Tenant. A surrender must be agreed to in writing and signed by both parties; or (iii) Landlord may, after an additional five (5) days' notice, take such action as may be necessary to cure such Default and charge the reasonable cost of cure to Tenant as Rent. If Landlord terminates this Lease or terminates Tenant's right to possess the Premises because of a Tenant Default, Landlord may hold Tenant liable for: (i) the Rent payable by Tenant to Landlord prior to the expiration of the Term and the present value of any future Rents payable over the remainder of the Term, less any amount which Landlord receives from reletting the Premises after all of Landlord's reletting cost have been subtracted; (ii) any amounts Landlord incurs in reletting the Premises during the remainder of the Term, including but not limited to reasonable attorneys' fees, brokers' commissions, and tenant improvement costs and allowances; and (iii) other necessary and reasonable expenses incurred by Landlord in enforcing its wCr') . . 15. 16. .- remedies. Tenant shall pay any such sums due within thirty (30) days of receiving Landlord's proper and correct invoice for the amounts. For purposes hereof present value shall mean the discounted present value of the amount owing at an interest rate of the rate payable on a U.S. government security having a maturity date closest to the expiration of the Term. 14. SUBORDINATION OF LEASE/ESTOPPEL CERTIFICATE. 14.1 SUBORDINATION OF LEASE. The rights ofTen ant under this Lease shall be and are subject and subordinate at all times to all ground leases, and/or underlying leases, if any, now or hereafter in force against such leases and/or the Premises, and to all advances made or hereafter to be made upon the security thereof, and to all renewals, modifications, consolidations, replacements and extensions thereof. This Article 15 is self-operative and no further instrument of subordination shall be required. In confirmation of such subordination Tenant shall execute within ten (10) business days after receipt from Landlord, such further instruments as may be reasonably requested by the Landlord; provided, however, that such instruments do not impose additional obligations or burdens upon Tenant, that this Lease remains unmodified and that the mortgagee or ground lessor agrees in such instrument that Tenant's peaceable and quiet possession of the Premises under this Lease will not be disturbed so long as Tenant is not in default under this Lease. Tenant hereby irrevocably appoints the Landlord as attorney-in-fact for Tenant with full power and authority to execute and deliver in the name of the Tenant any such instrument or instruments. Tenant at the option of any mortgagee, or the Landlord under any such ground lease or underlying lease, agrees to attorn to such mortgagee or Landlord in the event of a foreclosure sale or deed in lieu thereof or termination by the Landlord of any such lease. Failure of Tenant to execute any of the above instruments within ten (10) days upon written request to do so by Landlord shall constitute a breach of this Lease and Landlord may, at its option, in addition to any other remedies, cancel this Lease and terminate Tenant's interest herein. HOLDING OVER. Tenant shall pay Landlord for each day Tenant retains possession of the Premises or any part thereof after termination of this Lease, by lapse of time or otherwise, an amount which is 150% of the amount of Rent for a day (computed on a year of 360 days) based on the annual rate of Base Rent to the period in which such possession occurs (and if such possession occurs following the full term of this Lease, 150% of the annual Base Rent applicable in the last year of this Lease), and Tenant shall also pay all damages, consequential as well as direct, sustained by Landlord by reason of such retenllon'. If Landlord gives written notice to Tenant of Landlord's election thereof such holding over shall constitute a renewal of this Lease for one year at a market rate determined by Landlord, but acceptance by Landlord of rent after such termination shall not of itself constitute a renewal. Nothing in this Article contained, however, shall be construed or operate as a waiver of Landlord's right of re-entry or any other right of Landlord." NOTICES. A. Each provision of this instrument or of any applicable governmental laws, ordinances, regulations and other requirements with reference to the sending, mailing or delivery of any notice or the making of any payment by Landlord to Tenant or by Tenant to Landlord shall be deemed to be complied with, when and if, the following steps set forth in this Article 17 are taken. &Cyt) . 17. . B. Any notice or document required or permitted to be delivered hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, certified or registered mail, addressed to the parties hereto at the respective aadresses set out opposite their names below, or at such other address as they have theretofore specified by written notice delivered in accordance herewith: Landlord: Tenant: C. Any notice or document required or permitted to be delivered hereunder by Landlord to Tenant also shall be deemed to be delivered if and when delivered personally to Tenant at the Leased Premises. ACCESS BY LANDLORD. Landlord, its agents and representatives shall be entitled to keep pass keys to the Premises and shall have the right to enter and inspect the Premises at any time for the purpose of ascertaining the condition thereof or in order to make such repairs as may be required to be made by Landlord under the terms of this Lease or as Landlord may deem necessary. During the progress of any such work, Landlord may keep and store all necessary materials, tools and equipment upon the Premises. Landlord and its agents and representatives shall have the right to enter the Premises at reasonable times to exhibit the same for the purpose of sale or mortgage, and during the last six (6) months of the Lease Term, Landlord and Landlord's agents and representatives shall have the right to enter the Premises at reasonable times for the purpose of showing the Premises and shall have the right to erect on the Premises a suitable sign indicating that the Premises are available. Any such entry by Landlord shall never be deemed an eviction or disturbance of Tenant's possession of the Premises, or render Landlord liable to Tenant for damages, or relieve Tenant from performance of Tenant's obligations under this Lease. The right of entry reserved shall not be deemed to impose any weater obli~ation on Landlord to clean, maintain, repair or change the Premises than is speCifically proVided in this Lease. Landlord, its agents and representatives may at 'any time in case of emergency enter the Premises and do such acts as Landlord may deem proper in order to protect the Premises, the Project, or any occupants of the Project. 18. HAZARDOUS SUBSTANCES. A. Hazardous Substance. As used herein, "Hazardous Substance" shall mean any substance, element, compound, solution, mixture, or combination thereof which because of its quantity, concentration, or Physlcadl chemical or infectious characteristics presents, may present or could present, danger or potential anger for damage, injury, or illness to health, welfare or to the environment including, but not limited fo: (i) those substances which are inherently or potentially radioactivej explosive, ignitable, corrosive, reactive, carcinogenic or toxic, (ii) the following: asbestos, .urea forma detiyde, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive aterials, known carcinogens and petroleum productsl and (iii) other substances or materials which r'e defined as hazardous substances or which are inCluded under or regulated by any local, state or (PC h.) .derallaw, rule or regulation pertaining to environmental regulation, contamination or cleanup, _c1uding without limitation the following: Resource Conservation and Recovery Act of 1976,42 U.S.C. 9 6901 et. sea. Comprehensive Environmental Response, Compensation, and Liability Act of 1980,40 U.S.C.9 1801 et sea. Clean Air Act, 42 U.S.C. 99 7401-7626. Water Pollution Control Act (Clean Water Act of 1977),33 U.S.C. 9 1251 et. sea. Insecticide, Fungicide, and Rodenticide Act (Pesticide Act of 1987),7 U.S.C. 9 135 et. sea. Toxic Substances Control Act, 15 U.S.C. 92601 et. sea. Safe Drinking Water Act, 42 U.S.C. 9 300(f) et. sea. National Environmental Policy Act (NEPA) 42 U.S.C. 94321 et. sea. Refuse Act of 1899,33 U.S.C. 9407 et. sea. or any other state or federal super lien or environmental cleanup statutes, laws, ordinances or regulations, all as the same may be amended from time to time. B. Tenant's Responsibility. Tenant hereby covenants, represents and warrants to Landlord that all times during the term of this Lease, and by extensions or renewals thereof, Tenant shall not ~anufacture, process, distribute, use, produce, treat, store, dispose, or allow to be present any azardous Substance in or about the Premises. Tenant further covenants and agrees, that it shall romptly comply at Tenant's sole cost and expense, with all laws, orders, rules, regulations, certificates of occupancy, or other requirements as the same now exists or may hereafter exist, be enacted, amended or promulgated, by any federal, municipal, state count or other governmental or quasi-governmental authorities, and/or any department or agency thereof relating to the presence of any Hazardous Substance in or about the Premises. All covenants, representations and warranties herein contained shall be deemed to be continuing and shall survive the termination of the Lease. C. Indemnification. Tenant hereby indemnifies and holds harmless Landlord, its successors and assigns, its partners~ employees and agents, against any and all liability, loss, claim, damage or expense, (including fees TOr attorneys, paralegals, consultants, and experts, and disbursements) due to the breach of any of the warranties, representations and covenants contained herein, or due to any violation of environmental laws or any govemmental or judicial claimd order or judgment with respect to the cleanup of any Hazardous Substance at or with such law, or er rule, regulation, certificate of occupancy or other reguirement referred to herein or any adverse effect wnlch results from the presence of any Hazardous Substance in or about the Premises. Included within the indemnity herein provided is indemnity against the presence of Hazardous Substances on, in or under the Premises. All costs indemnified against shall Dear interest at the lesser of 18% per annum or the highest rate allowed by law from the date of the first act or failure to act by Tenant which creates Hie obligation to indemnify and shall also include said interest on amounfs expended by Landlord in enforcing its rights under this section. This Indemnification by Tenant of Landlord shall survive the termination of the1-ease. D. Notification. Tenant hereby agrees to immediately notify Landlord of any presence of Hazardous Substance on the Premises and shall promptly remove the same in accordance with all applicable laws and ordinances. Additionally, Tenant shall immediately notify Landlord of any enforcement action of any type whatsoever commenced against Tenant by any governmental agency or entity due the presence of Hazardous Substance on the Premises. . E. The Premises shall not be used for the creation of any dangerous, noxious or (Q(h) .ffensive odors or fumes. Tenant will take all steps to prevent inadequate ventilation, emission f chemical contaminants from indoor and/or outdoor sources and emissions of biological contaminants. Tenant will assure adequate ventilation and operation of any HV AC systems and/or office equipment under its control. Tenant will at all times use and operate the Premises in such a manner as to minimize the risk of indoor air quality problems, sick building syndrome and/or any diagnosable illness. 19. GENERAL. A. Waiver of Default. No waiver of any default of either party hereunder shall be implied from any omission by the other party hereunder to take any action on account of such default if such default persists or is repeated, and no express Waiver of Subrogation shall affect any default other than the default specified in the express Waiver of Subrogation and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. B. Payments Deemed Rent. Any amounts of money To be paid by Tenant to Landlord pursuant to the provisions of this Lease, whether or not such payments are denominated "Rent" whether or not they are to be periodic or recurring, shall be deemed Rent for purposes of this Lease; and any failure to pay any of same as provided in Article 13 - "Default of Tenant and Remedies" hereof shall entitle Landlord to exercise all of the ~ghts and remedies afforded hereby or by law for the collection and enforcement of .1 enant's obligation to pay Rent. Tenanfs obligation to pay any such Rent pursuant to the provisions of this Lease shall survive the expiration or other termination of this Lease and the surrender of possession of the Premises after any holdover period. D. Applicable Law. This Lease and all matters pertinent thereto shall be construed and enforced in accordance with the laws of the State of Minnesota and venued in McLeod County, Minnesota, and to the extent permitted by law, both parties hereto waive any right to trial by jury in matters between said parties. E. Bindin!j Effect. This Lease and the respective rights and obligations of the parties hereto shall Inure to the benefit of and be binding upon the successors and assigns of the parties hereto as well as the parties themselves; provided, however, that Landlord, its successors and assigns shall be obligated to perform Landlord's covenants under this Lease only during and in respect of their successive periods as Landlord during the term of this Lease. F. Severability. If any provision of this Lease shall be held to be invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions snail remain in full force and effect. G. No Partnership. Landlord shall not, by virtue of the execution of this Lease or the leasing of the Premises to Tenant, become or be deemed a partner of Tenant in the conduct of Tenant's business on the t'remises or otherwise. H. Headings, Gender, etc. As used in this Lease, the word "person" shall mean and include, where appropriate, an individual, corporation, partnership or other entity; the _ural shall be substituted for the singular, and the singular for the plural, where appropriate; d words of any gender shall inclucfe any other gender. The topical headings ofthe several (pc~) .everal paragraphs of this Lease are inserted only as a matter of convenience and reference, nd do not effect, define, limit or describe the scope or intent of this Lease. I. Payment on Execution. Notwithstanding the provisions of Article 2 - "Rent" hereof, the Base Rent for the period through the first full month of the term of this Lease for which Base Rent is due and payable shall be paid upon the execution of this Lease. J. Allocation of Rent. Landlord and Tenant agree that no portion of the Base Rent paid by Tenant during the portion of the term of this Lease occurring after the expiration of any period during which such Rent was abated shall be allocated by Landlord or Tenant to such Rent abatement period, nor is such Rent intended by the parties to be allocable to any abatement period . K. Limitation on Liability. Notwithstanding any-thing to the contrary, herein Landlord shall have no obligation, nor incur any liability, beyond the then interest, if any, of Landlord in the Project, and Tenant shall look exclusively to such interest of Landlord in the Project for payment and discharge of any obligations imposed upon Landlord hereunder, and Landlord is hereby released and relieved of any other liability hereunder. Tenant shall look solely to the estate or interest owned by Landlord in the Project and Tenant will not collect or attempt to collect any such obligation or liabilities or any judgment therefore, out of any other assets of Landlord. 20. SECURITY DEPOSIT. A. Tenant has deRosited with Landlord the sum of $ Dollars f$l. Said ~m shall be held by Landlord as security for the faithful ~rformance by I enant of al the terms, venants and conditions of this Lease to be kept and-.performed by Tenant during the Lease erm. No interest shall be payable on said deposit. If Tenant defaults with respecfto any Qrovision of this Lease, inClUding! but not limited to the provisions relating to ttie payment of Rent, Landlord may (but shall no be required to) use apply or retain all or any part of said security deposit for tlie payment of any Rent or any oIher sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landrord for any other loss or damage which landlord may suffer by reason of Ten anfs default. If any portion of said securitY. deposit is so used or applied, Tenant shall, within five (5) days after wntten demand therefor, aeposit cash with Landlora in an amount sufficient 10 restore said security deRosit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. If Tenant shalT fully and faithfully perform every provision of this Lease to be performed by it, the security deposit or any balance thereof shall be returned to Tenant (or, at Landlord's option, to the last assignee of Tenant's interest hereunder) at the expiration of the Lease Term. B. If Tenant is in Default under this Lease more than two (2) times within any twelve (12) month period, irrespective of whether or not such Default is cured, then, without limiting Landlord's other rights and remedies provided for in this Lease or at law or in eguity, the security deposit shall automatically be increased ~ an amount equal to the greater of (i) three (3) times the original security deposit, or (ii) three (;j) months' Monthly Base Rent which shall be paid to Landlord on demand. 21. SIGNS. Tenant shall not display, inscribe, print, maintain, or affix on any place in or about the Premises any sign, notice, legend, direction, figure or advertisement, except as shall first Aave been approved by the Landlord. The listing of any name other than that of the Tenant, whether ~n the doors of the Premises, on the Premises Directory, or otherwise, shall not operate to vest any &;(R) aght or interest in this Lease or in the Premises or be deemed to be written consent of the Landlord, it ~eing expressly understood that any such listing is a privilege extended by Landlord revocable at will by written notice to Tenant. Also, Landlord shall have the right to install and maintain a sign or signs on the exterior or interior of the Premises. 22. PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT. Upon execution of this document Tenant agrees that it has purchased all of the furniture, fixtures and equipment on the premises (except built-in wall cabinets) and acknowledges that those items are purchased in "as is" condition and tenant waives all claims and causes of action arising out of the use of those items and will defend, hold harmless and defend the Landlord from any claims including those brought by third parties including reasonable attomeys fees. Landlord specifically disclaims any and all statutory warranties for these items including Warranties of Merchantability and Fitness for a Particular Use. The Purchase price for these items will be Six Thousand Five Hundred and no/1 00 dollars (6,500.00) and will be due and payable with the payment of the first months rent of the premises.. IN WITNESS WHEREOF, the Landlord and Tenant have caused this Lease to be duly executed as of the Lease Date set forth above. LANDLORD . TENANT Its: Its: . leCII ) . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration ofImprovement Project Change Orders DATE: March 27, 2007 Ai; construction has proceeded on the below listed projects there have been additional work, project scope revisions, and construction staging revisions. All of these items have been identified and deemed necessary to satisfactorily complete the projects. The following Change Orders are proposed to address these items: o Change Order No. I-Letting No. 13/ProjectNo. 06-15 - WWTF SCADA System As previously discussed, the City recently let a project and approved a contract with E/ectrical Installation & Maintenance Co. (ElM) ofMap/e Plaine to complete SCADA (supennsory control and data acquisition) system improvements at the WWTF and other infrastrocmrefacilities. This contract was awarded in the original bid amount of $8/2,896.00, with the understanding that it would be decreased per the revised project scope at a later date. Thus. this Change Order will reduce the project contract amount to $634.909.00. o Change Order No.1-Letting No. 12/ProjectNo. 06-14 - WWTF Administration Building Expansion This Change Order addresses six relatively minor constroction items determined necessary by Wold Architects and Engineers. The summation of the cost increases and decreases results in a net increase of $2/2.02 to the contract amount. o Change Order No.2-Letting No. 14/ProjectNo. 06-16 - HATS Cold Storage Building Due to the significant stretch of cold weather in February, it was determined to be in the best interest of the project to defer installation of the concrete floor until well after the ground has thawed and drainage provisions are in place. After the concrete floor is poured. the remaining work of sheeting and wiring the building can be completed. Thus, City staffrecommends changing the completion date for the project to July 15. 2007. without any changes to the original contract amount. We recommend that the above Change Orders he approved In the amounts listed. cc: Gary Plotz, City Administrator ~Cl) . . . . .~9N9l1H~@ V'NWv. donohue-2ssociates_com RECEIVED 101 WEST OHIO STREET. SUITE 820 February 23, 2007 FEB 2 7 ;QD7 city of Hlh"',,;,SOIl Eng. [k;pl.. If\JDiANAPOLiS, IN 46204 Mr. Kent Exner, PE City Engineer City of Hutchinson III Hassan Street SE Hutchinson, MN 55350-2522 PHONE 317-267-8200 FAX 317-267-8201 Re: City of Hutchinson, MN WWTP SCADA System Notice to Proceed, Contract Execution, and Change Order No.1 City of Hutchinson Project No. 06-15 Donohue Project No. 11114 Dear Mr. Exner, 10 accordance with the Notice of Award dated January 9, 2007, and the guidance provided in our transmittal letter to the cootractor daied February 2, 2007, Electrical Iostallation and Maintenance, Ioc. has completed their execution of the contract documents. Enclosed are the following: 1. Three copies of the insurance documents. Prior to completing fmal execution of the contract documents, please have your insurance representative review and confirm the insurance coverages and limits provided by the contractor for this project. A copy of each insurance certificate is stapled to the back of the title page of each document. The Supplementary Conditions (Article 5) give the bonds and insurance requirements associated with this project. 2. Three originals of the Contract Documents. Please refer to the pages in the Agreement section that has a post-it affixed to it. On this page, you as the owner are to sign and date in the appropriate locations. I have indicated where a date or a signature is needed by the red-colored "x" next to the location. Please sign and date these pages in all three sets of the contract documents. Please note that the signed Performance and Payment bonds are included in the contract documents. These locations are noted with blue post-its. 3. Three copies of the Change Order No. I. This change order eliminates non-critical portions of the work to bring the bid price in line with available funding. Please sign the change order after signing of the contract documents. 4. Three copies of the notice to proceed included in the original contract documents. The Notice to Proceed shall not be signed and dated until contract execution is completed. Once the contract execution is completed, the Notice to Proceed can be signed by the owner. v;O) . . . If you find that all is acceptable, please sign and date the documents as noted above and return one copy to the engineer and contractor representatives and keep one for your files. Please contact me if you have any questions related to the execution of the Contract Documents or the issuance of the Notice to Proceed. Sincerely, R!fB Control Systems Engineer Enclosures: As noted Copy: AI Klein. Electrical Installation and Maintenance. eo (C) CHANGE ORDER NO. 1 CHANGE ORDER DATE OF ISSUANCE . OWNER December 21. 2006 COMMENCEMENT OF CONTRACT TIME January 9. 2007 City of Hutchinson. Minnesota CONTRACTOR Electrical Installation & Maintenance PROJECT WWTP-SCADA System CONTRACT NO. 11114 ENGINEER Donohue & Associates. Inc. YOU ARE DIRECfED TO MAKE THE FOLLOWING CHANGES IN THE CONTRACT DOCUMENTS: DESCRIPTION: DELETE THE WORK ASSOCIATED WITH BID ITEM NOS. 3 AND 5. REASON FOR CHANGE ORDER: TO REDUCE THE COST OF THE PROJECT. ATTACHMENTS: ATI ACHMENT A $ 0 CHANGE IN CONTRACT TIMES OriliZinal Contract Times: (daV-I (Jrdattx) Substantial Completion: Phase I - May I. 2007 Ready for Final Payment: Phase I - June L 2007 Net increase (decrease) from preyious Change Orders: ,day') Substantial Completion: 0 Ready for Final Payment: 0 Net increase (decrease) of this Change Order. (day') Substantial Completion: 0 Ready for Final Payment: 0 Revised Contract Times: {day.f (1rdare.~) Substantial Completion: no chan2:e Ready for Final Payment: no chanf!e CHANGE IN CONTRACT PRICE Original Contract Price: $ 812.896.00 Net increase (decrease) from previous Change Orders: Net increase (decrease) of this Change Order: $ -177.987.00 Revised Contract Price: $ 634.909.00 CONTRACTOR agrees that this Change Order includes any and all costs associated with or resulting from the change ordered herein, including all impacts, delays. and accelerated costs. Other than the dollar amount and time allowance listed above, there shall be no other dollar or time compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. OWNER (signalllre) ACCEPTED: {1J 1~ CONTRACTOR (,.ig"ill"") RECOM})lEr:mED: By: MlI4tI ENGINEER (,igunl",,) . Date: F..I,,.......'] Z, 2.007 APPROVED: i By: By: 'f.. Date: Date""fJ 1- (3 '7 Donohue & Associates, InC. Project No. 11114 CHANGE ORDER If t~-) . . . ATTACHMENT A TO CHANGE ORDER NUMBER 1 February 2, 2007 Change Ordered Herewith: Because the bid amount of the project exceeded the City's budgeted amount, the City has opted to delete the work associated with Bid Items 3 and 5 within the Bid Form to establish a revised contract amount. By deleting Bid Items 3 and 5, which total $177,987, a revised contract amount of $634,909 will be established for awarding the construction contract. This action is being formalized in this Change Order No.1 to the project which is being executed concurrent with the execution of the contract by the contractor and the City. Further, as the project proceeds, the City would like to maintain the option to include some or all of the work associated with the deleted Bid Items 3 and 5 into the project, as additional project funds may become available. Electrical Installation & Maintenance Co., Inc. (ElM) has agreed to honor the unit prices for this work, as indicated on their bid form, until April 16, 2007. If the City decides to put back some or all of this work into the project, a second change order will be executed by the end of April 2007 to fonnalize the inclusion of the selected work back into the project; and will so notify ElM no later than the end of April 2007 of their decision. This will allow ElM a minimum of three months prior to the projected start date of the Phase II work (which is August 1, 2007), in order to prepare shop drawings, have them approved, order the equipment, and have it ready to be installed by the projected start date. If a Change Order No. 2 is executed, it will define the work being placed back into the project, and the unit cost for said work will be the same amounts as provided on the original bid form ($36,657 for Bid Item 3 and $17,666.25 per lift station for Bid Item 5). The contract times, as established in the contract documents, will not change. u(L) " . . . 3 56'6 - 70 20- ;eb ~ /~/?'tJrP-(r 'AIA Document G70r" - 2001 Change Order CHANGE ORDER NUMBER: One (1) DATE: February 20, 2007 PROJECT (Name and address): City of Hutchinson - Waterwaste Treatment Facility Administration BuildingExpansion l.,wi..... ,;1. . (),,-It/ 1500 Adams Street J Hutchinson, Minnesota 55350 TO CONTRACTOR (Name and address): Ebert Construction 23350 County Rood 10 Lorette, Minnesota 55357 ARCHITECT'S PROJECT NUMBER: 062030 CONTRACT DATE: October 17. 2006 CONTRACT FOR: General Construction OWNER: D ARCHITECT: D CONTRACTOR: D FIELD: D OTl1ER: D THE CONTRACT IS CHANGED AS, FOLLOWS: (include, where applicable, any undisputed amount atlributabl~ to previously executed Construction Change Directives) PR#1 PR#2 PR#3 PR#4 PR#6 CP#2 SCADA control panel changes Add footings for exterior stairs PRovide dowel connection to existing slab on grade along Grid 3 Revise electrical related items at RnJ-l Add structura1lintel at Door 14 Provide TridiumlHoneywell control package in lieu of Alerton controls TOTAL CHANGE ORDER NO. I 1be original Contract Sum was The net change by previously authorized Change Orders l11e Contrad Sum prior to this Change Order was The Contract Sum will be increased by this Change orner in the llIIlOunt of The new Contract Sum including dris Change Order will be The Contract Time will be unchanged by Zero ( 0 ) days, 1be date of Substantial Completion as of the date of this Change Order therefore is No Cost Add Add Deduct Add Deduct $ 0.00 $1,547.07 $ 3%.88 ($ 108.(0) $ 876.07 ($2,500,00) Add $ 212.02 $ $ $ $ $ I.I 06.200.00 0,00 1.106.200.00 212.02 I.I 06.412.02 NOTE: This Change Order does not include changes in the Contract Sum, Coomct Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the: Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. ~~I1J~ptt4m CO CTOR (Finn fIG ) '/'1 ,?H.fD a /t./ $~1" CORES Wold Architects and Engineers ARCHITECT (Finn name) ",,' DATE City of Hutchinson OWNER (Finn name) III Hassan Street Southeast, Hutchinson, Minnesota 55350 ADDRESS BY (Signature) (Typed name) DATE AlA Docunenl G701Tl1_ 2001. Copyright @1979, 1987, 2000 and 2001 by The American InstHule of ArchHects. All rlghta reserved. WARNING: This AlA" Docum>)nt ls protected by U.S. Copyright law and Inl~rn<ltior:al Trea:ies UT':;J,-,\horiz",d rep'nd\,,;;;,.)f) Q, dlslribution or this AlA!, Document, or <JOy :'m~io" 01 it, milV resul1 in severt? cei'Jll nnd crlmlnal pel1i:1l';es. 3t'\d wlH lle pn_b;'o+~,-1Io the lT1:,\~I;"uj'" .,xlenl (Jo~slble undet the law, This document .....as prodJced by AlA software at 08:55:53 OIl 0212112007 under Order No UNLICENSED which eXpires on 1.'30/2008. and is not tor resale. User Notes: (3703848270) 1 ~(j) CITY OF HUTCHINSON .... ENGINEERING DEPARTMENT 111 HAS.SAN ST SE, HUTCHINSON M:N 553,.50 (320) 2344209 5 he.et 1 of 1 CHANGE ORDER NO. 2 Dated: 03/27/2007 Structural Buildings Inc letting No. 14 Project No. 06-16 CONTRACTOR: 12924 1st St Becker MN 55.308 Project Location: HATS Cold Storage Facility DESCRIPTION OF CHANGE.: Due to the significant stretch of cold weather in Februaryt it was determined to be in the best interest of the project to defer installation of the concrete floor until VJeU after the ground has thawed and drainag'e provisi ons are in p tace_ After the concrete floor is poured1 the remaining work of sheeting' and wiring the building can be completed_ Thus1 City staff recommends changing the completion date iar the project to July 15t 2007, without any changes to the original contract amount. I Item, No. II Spec~ Ref. II Item Name II Unit II Quantity II Unit Price II Amount I INCREASE IITEMS: Extension of Completion Date to 0.7/15/2007 $q.OO $0.00 TOTAL INCR~EASE ITEMS $0.00 I DECREASE SITEMS: $O~OO TOTAL DECREASE ITEMS $0.00 INET DECREASE .......--...._...._____.--..........~.......___._._______,...____.__,__~~~'~__.__.___.._...__...........___._ II $0.00, I In accordance with the Contract and Specifications) the contract .amount shall be adjusted in the amount of $ . .0 .OQ (ad4}J( deduct). [An extension of-O- days sha II be allowed for completion. The original completion date shall not be changed. ORIGINAL CONTRACT PREVIOUS AD,OITIONSlDEDUCTlONS THIS AD01TION/g6gU'CT~OH TOTAL A.MOUNT I $188,929.00 ($7.,600.00) $0.00 $181,329.00 APPROVED: APPROV.ED: Contractor Mayor "- ED: DATED: 03/27/2007 APPROVED: APPROVED: Director of Engineering City Administrator DATED: 03/27/2007 DATED: 03/27/2007 ~CY-) . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Items for 2007 Pavement Rehabilitation Program (Letting No. 5/Project No. 07-05) DATE: March 27, 2007 Attached is the Engineering Report containing the estimated project cost and project description identifYing the proposed improvement area for the 2007 Pavement Rehabilitation Program project The overall scope of this program may be revised to match available improvement project funding. This project among others will be discussed at the March 29th CIP Funding Workshop. At this point, City staff would like to start the project process by scheduling a Public Hearing for the project improvement area at the April 10th City Council Meeting. The Public Hearing will be proceeded by a project infonnational open house the week of AprilZnd. Attached are the necessary Resolutions to establish the Public Hearing date. We recommend that the above Resolutions be approved. cc: Gary Plotz, City Administrator (g[t,) . . . RESOLUTION NO. 13160 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO.5 PROJECT NO. OHI5 WHEREAS, it is proposed to improve: Charles Street SW, Roe Avenue SE, Clark Street NE, Kay Street SW, Lea Avenue SW In their entirety and Graham Street SW from Roberts Road SW to Milwaukee Avenue SW, Milwaukee Avenue SW from 150' West of Goebel Street SW to Graham Street SW, Lewis Avenue SW from Lake Street SW to Larson Street SW, Denver Avenue SE Median work at County Fair Marketplace entrance, School Road SW & Roberts Road SW Intersection, and Alley between 3rd Avenue NW & 4th Avenue NW from Glen Street NW to James St NW - roadway rehabilitation and utility infrastructure installations by construction of lateral storm sewer and treatment improvements, lateral watermain, surface reclamation, grading, aggregate base, concrete median, concrete curb and gutter, sidewalk, bituminous base, bituminous surfacing, seal coat, crack sealing and patching, trails, landscaping, restoration and appurtenances" and WHEREAS, it is proposed to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed Improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be mede as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 27th day of March 2007. Mayor: Steven W, Cook City Administrator: Gary D. Plotz Co (l ) . . . B.y'l:(,)lUNSONPUBUC WO~N'GINEERING~p, ..:.. . .' flUtcllirisonClly Centerllll HasSan St SFlHtFJ>- MN SS3SO-~22132Oc234-4~ 320-2)4..4240 ~~(;lNlU~G )lEPORT &.FEA$~JT\t.s: TO: Mayor and City Council FROM: Kent Exner, City Engineer DATE: March 20th. 2007 SUBJECT: Letting No. 5/Project No. 07-05 I have studied the following proposed improvements and find that the proposed project is feasible and recommend it be constructed: L5/P07-05 Char1es Street SW, Roe Avenue SE, Clark Street NE, Kay Street SW, Lea Avenue SW in their entirety and Graham Street SW from Roberts Road SW to Milwaukee Avenue SW, Milwaukee Avenue SW from 150' West of Goebel Street SW to Graham Street SW. Lewis Avenue SW from Lake street SW to Larson Street SW, Denver Avenue SE Median work at County Fair Marketplace entrance. School Road SW & Roberts Road SW Intersection, and Alley between 3rd Avenue NW & 4th Avenue NW from Glen Street NW to James St NW - roadway rehabilijation and utility infrastructure installations by construction of lateral storm sewer and treatment improvements, lateral watermain, surface reclamation, grading, aggregate base, concrete median, concrete curb and gutter, sidewalk, Muminous base, Mumlnous surfacing, seal coat, crack sealing and patching, trails, landscaping, restoration and appurtenances. (Q (C) . . . RESOLUTION NO. 13161 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT LETTING NO.5 PROJECT NO. 07-05 WHEREAS, pursuant to a resolution of the Council adopted May 27th, 2007, the City Engineer has prepared a report with reference to the improvement of: Charles Street SW, Roe Avenue SE, Clark Street NE, Kay Street SW, Lea Avenue SW in their entirety and Graham Street SW from Roberts Road SW to Milwaukee Avenue SW, Milwaukee Avenue SW from 150' West of Goebel Street SW to Graham Street SW, Lewis Avenue SW from Lake Street SW to Larson Street SW, Denver Avenue SE Median work at County Fair Marketplace entrance, School Road SW & Roberts Road SW Intersection, and Alley between 3rd Avenue NW & 4th Avenue NW from Glen Street NW to James St NW - roadway rehabilitation and utility infrastructure installations by construction of lateral stonn sewer and treatment improvements, lateral watermain, surface reclamation, grading, aggregate base, concrete median, concrete curb and gutter, sidewalk, bituminous base, bituminous surfacing, seal coat, crack sealing and patching, trails, landscaping, restoration and appurtenances,and said report was received by the Council on March 27th, 2007. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Councii will consider the improvements of such streets in accordance with the reports and the assessment of benefrted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $732,874.72. 2. A public hearing shall be held on such proposed improvements on the 10th day of April, 2007, in the Council Chambers of the Hutchinson City Center at 6:00 P.M., and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Hutchinson City Council this 27th day of March 2007. Mayor: Steven W. Cook City Administrator: Gary D. Plotz Co(e) . . . PUBLICATION NO. 7570 NOTICE OF HEARING ON IMPROVEMENT LETTING NO.5 PROJECT NO. 07-05 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at 6:00 pm on the 10th day of April 2007, to consider the making of an improvement of: Charles Street SW, Roe Avenue SE, Clark Street NE, Kay Street SW, Lea Avenue SW in their entirety and Graham Street SW from Roberts Road SW to Milwaukee Avenue SW, Milwaukee Avenue SW from 150' West of Goebel Street SW to Graham Street SW, Lewis Avenue SW from Lake Street SW to Larson Street SW, Denver Avenue SE Median work at County Fair Marketplace entrance, School Road SW & Roberts Road SW Intersection, and Alley between 3rd Avenue NW & 4th Avenue NW from Glen. Street NW to James St NW - roadway rehabilitation and utility infrastructure installations by construction of lateral storm sewer and treatment improvements, lateral watermain, surface reclamation, grading, aggregate base, concrete median, concrete curb and gutter, sidewalk, bituminous base, bituminous surfacing, seal coat, crack sealing and patching, trails, landscaping, restoration and appurtenances,and pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the benefited property, for which property owners shall receive mailed notice. The estimated City Cost of said improvement is $439,724.83, with an Assessable Cost of $293,149.89, for the total estimated cost of $732,874.72. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: 03/27/2007 City Administrator PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, MARCH 29TH, 2007 AND THURSDAY, APRIL 5TH, 2007. (Q. CV) . . . Hutchinson HRA Memo To: Mayor and City Council ~ Jean Ward, Hutchinson HRA Executive Director ~ March 20, 2007 Housing America 2007 Proclamation From: Date: Reo The HRA Board of Commissioners would appreciate your support In signing on to the Housing America 2007 Proclamation. With your help, officials at the state ancl feclerallevel will hear from communlUes throughout the country that decent and affordable ilia cycle housing Is needed for a healthy community. 1 ~lm) . . . HOUSING AMERICA 2007 PROCLAMATION WHEREAS for more than 70 years it has been the policy ofthis nation, under the US Housing Act to promote the general welfare of the nation by employing its funds and credit to assist the several states and their political subdivisions to remedy the unsafe and unsanitary housing conditions and the acute shortage of decent, safe and sanitary dwellings for families of lower income; WHEREAS, according to the "State ofthe Nation's Housing" report, 15.6 million households now pay more than half of their income for housing; WHEREAS, according to current estimates, on any given night, there are nearly 755,000 homeless nationwide and up to 3.5 million persons who experience homelessness at some point throughout the year WHEREAS, according to the National Low-Income Housing Coalition's "Out of Reach" report, minimum wage earners are unable to afford even a one-bedroom home anywhere in the country, and 88% of renters in cities live in areas where the fair market rent for a two-bedroom rental is not affordable even with two minimum wage jobs; WHEREAS, according to the National Housing Conference, health care workers and many other working professionals are priced out of homeowners hip in the majority of U.S. metropolitan areas nationwide; WHEREAS, according to the Housing Assistance Council, 1.7 million (6.3 percent) of rural homes were considered substandard in 2005; WHEREAS public housing is home to over 2 million people, more over 40 percent of whom are children, and currently receives federal funding at less than 83 percent of need; WHEREAS the National Association of Housing and Redevelopment Officials; American Federation of State, County and Municipal Employees; Housing Assistance Council; Local Initiatives Support Corporation; Mortgage Bankers Association; National Association of Counties; National Association of Home Builders; National Association of Realtors; National Council of State Housing Agencies; National Housing Conference; National League of Cities; National Low-Income Housing Coalition; and U.S. Conference of Mayors are united in an effort to raise public awareness of the importance of affordable housing and community development programs and resources; WHEREAS, during the period March 26 - April 9, 2007, the aforementioned groups will launch Housing America 2007, a national campaign to educate and inform the public and decision makers of the critical need to address the nation's housing and community development concerns; Ce Cm) . . . THEREFORE BE IT RESOL VED that the City of Hutchinson which has, over a period of many years, endeavored to address affordable housing and community development needs and has been successful in doing so using a combination of local, state and federal resources hereby endorses the Housing America 2007 Campaign, its goals, objectives and purposes and in so doing recommits itself to meeting the affordable housing and community development needs ofthe community March 27, 2007 Mayor Steve Cook Hutchinson, MN USA lQ (<<) -; . . . March 22, 2007 The Honorable Mayor Steve Cook and City Council Members City of Hutchinson III Hassan St. SE Hutchinson, MN 55350 Dear Mayor Cook and City Council Members: The Hutchinson Area Health Care (HAHC) Board of Directors, as part oftheif regular March meeting, considered a capital expenditure request for the technology purchase needed for the Meditech implementation. The following is representative of the board's discussion at that meeting: Caoital Exoenditure Request for TechnoloItV ourchase. Pam Larson summarized a request to purchase computers and peripheral equipment that are needed for the Meditech implementation. This item is part of the 2007 Operating Capital Budget along with alternative funding. "Following discussion: "Motion was made by Knutson, seconded by Cannon to request authority from the City Council for the capital expenditure request for technology purchases of Computer and peripheral equipment for the Meditech implementation in the amount up to $266,000.00. Motion was carried." Thank you in advance for approval of this capital expenditure request. Sincerely, HUTCHINSON AREA HEALTH CARE Mary Ellen Wells President MEW:sh C:\Documents and Sertingslsartmann\Local Settings\Temporary Internet Files\OLKAO\City Council letter- request from board.doc lieo) . . . MEMORANDUM DATE: TO: FROM: March 21 . 2007, for the March 27, 2007, City Council Meeting Hutchinson City Council Rebecca Bowers, AICP, Planning Director SUBJECT: Highway 7 Corridor Study and Temporary Moratorium on Certain Land Use Actions within the Highway 7 Corridor Study Area Reauested Action: Adoption of an interim ordinance establishing a temporary moratorium on certain land use actions within the Highway 7 Corridor Study Area. Backaround: The Highway 7 corridor has been a topic of discussion for several years and most recently has received greater attention due to the changing nature of the cOrridor due to the Highway 7 expansion and streetscape improvements. Recent requests for rezoning and conditional use permits have highlighted the need for an area study and plan. Staff has sent out a RFP for planning consultant services to obtain cost estimates and proposals to conduct a land use analysis and facilitate the development of an area plan. Staff will be asking for Council approval to hire a consultant for development of the area study and plan at the April 10111 Council meeting. The Planning Commission has approved a resolution of support recommending the City Council authorize preparation of the Highway 7 corridor study (refer to attached resolution of support). In order to protect the planning process and protect the study area from incompatible development during the planning process, staff is recommending a temporary moratorium on certain land use actions. Temoorarv Moratorium: By State Statute, the City could adopt a moratorium on all development and land use actions within the study area while undertaking the land use study and plan. However, as a complete moratorium may cause hardship for existing businesses and property owners, staff is recommending tailoring the moratorium to meet certain objectives. As two zoning districts in the study area require a conditional use permit for all changes of use, staff is recommending allowing applications for CUPs for existing buildings during the moratorium. Improvements to existing legally conforming properties would also be allowed. The interim ordinance proposes a one-year moratorium on certain land use actions within the Highway 7 corridor area (identified on Attachment A) under the following terms: A. The moratorium will apply to all zoning districts within the Highway 7 corridor study area within the City limits of Hutchinson, as identified on Attachment A. 1LOv) . . . March 27,2007 Temporary Moratorium Highway 7 Corridor Study Page Two B. The moratorium will apply to all land use actions in the study area that require City approval, including rezonings, preliminary and final plats, variances, site plans, lot splits, and conditional use permits, except as specifically exempted by this ordinance. C. The moratorium does not apply to applications for conditional use permits required by the Zoning Ordinance due to change of ownership or change of use for conditionally permitted uses in the IIC (Industrial Commercial) or C-5 (Conditional Commercial) districts for existing buildings. D. The moratorium does not apply to the maintenance and improvement of legally conforming uses, existing buildings, or additions to existing homes and businesses that meet the requirements of the Zoning Ordinance. E. The moratorium does not apply to land use approvals previously granted or in effect at the time of the adoption of this ordinance. F. This interim ordinance may be terminated by motion of the City Council prior to its stated expiration date. Staff will be at the Council meeting to provide additional information and to answer questions on the proposed study area plan and temporary moratorium. Attachments: Interim Ordinance 07-0460 Study Area Map Resolution of Support from Planning Commission 1[0-) . . . ORDINANCE NO. 07- 0460 AN INTERIM ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON CERTAIN LAND USE ACTIONS WITHIN THE HIGHWAY 7 CORRIDOR STUDY AREA IN THE CITY OF HUTCHINSON WHEREAS, Minnesota Statute 462.355, Subd. 4, authorizes a municipality that is considering adopting or amending official land use controls to adopt an interim ordinance restricting certain land uses for an initial period not to exceed 12 months; and WHEREAS, the City of Hutchinson desires to conduct a study on existing and future land uses in the study area in order to effectively address changing land uses and development plans along Highway 7; and WHEREAS, the City of Hutchinson finds it is in the best long term interest of the City to delay certain land use actions and decisions in the study area until the corridor study and plan are completed; and WHEREAS, the City of Hutchinson is desirous of adopting an interim ordinance as provided by Minnesota Statute 462.355, Subd. 4, for the purpose of protecting the planning process and the health, safety and welfare of its citizens during the preparation and consideration of land use controls involving the study area; NOW TIIEREFORE THE CITY OF HUTCHINSON DOES HEREBY ORDAIN THAT: I. The City of Hutchinson adopts an interim ordinance in accordance with Minnesota Statute 462.357 establishing a one-year moratorium on certain land use actions within the Highway 7 corridor Area (as identified on Attachment A) under the following terms: a) The moratorium will apply to all zoning districts within the Highway 7 corridor study area within the City limits of Hutchinson, as identified on Attachment A. b) The moratorium will apply to all land use actions in the study area that require City approval, including rezonings, preliminary and fmal plats, variances, site plans, lot splits, and conditional use permits, except as specifically exempted by this ordinance. c) The moratorium does not apply to applications for conditional use permits required by the Zoning Ordinance due to change of ownership or change of use for conditionally permitted uses in the IIC (Industrial Commercial) or C-5 (Conditional Commercial) districts for existing buildings. d) The moratorium does not apply to the maintenance and improvement oflegally conforming uses, existing buildings, or additions to existing homes and businesses that meet the requirements of the Zoning Ordinance. e) The moratorium does not apply to land use approvals previously granted or in effect at the time of the adoption of this ordinance. f) This interim ordinance may be terminated by motion of the City Council prior to its stated expiration date. Adopted by the City Council this 10th day of April, 2007. ATTEST: Mayor Steven W. Cook Gary D. Plotz, City Administrator 1COv) . . . ATTACHMENT A CITY OF HUTCHINSON HIGHWAY 7 CORRIDOR STUDY AREA . mits 1C~) . . . RESOLUTION NO. 2007- 13154 RESOLUTION SUPPORTING THE PREPARATION OF A HIGHWAY 7 CORRIDOR STUDY AND AREA PLAN FOR THE CITY OF HUTCHINSON WHEREAS, the Hutchinson Planning Commission is responsible for advising the City Council on matters relating to planning, zoning, and subdivision regulations, WHEREAS, the Highway 7 corridor has undergone a significant roadway expansion and streetscape improvement proj ect that has changed the characteristics of the corridor, and WHEREAS, the City of Hutchinson Planning Commission has identified a need to conduct a land use study in order to create a vision and development strategy for the Highway 7 corridor and utilize the study as update to the Comprehensive Plan, NOW THEREFORE BE IT RESOLVED by the Planning Commission that it recommends and requests the Hutchinson City Council: 1) Authorize preparation of a Highway 7 corridor study to address the following issues and elements for the study area: a) land use analysis, b) establishment of a community vision for future land uses and potential redevelopment, c) creation of a land use and development strategy, d) recommendations for zoning ordinance revisions to implement goals, development regulations such as parking, sign controls, building design guidelines, etc, and e) development of concepts for redevelopment of the intersection of Highway 7 and 15. 2) Authorize a contract for planning consultant services to facilitate and prepare the Highway 7 Corridor Study and Plan. 3) Direct staff and planning consultant to take steps necessary to facilitate and prepare the Highway 7 Corridor Study and Plan. . Adopted by the Planning Commission this 20th day of March , 2007. ATTEST: ~~!'()fJ( Rebecca Bowers, Planning Director L Otteson, Chair Planning Commission '1 Co..') . 2006 Hutchinson Police Services Executive Summary 2006 Activity Statistics: 2006 2005 <F Incidents 16,425 15,923 <F Reports 2,859 2,699 <F Arrests 864 789 or DUI 113 121 <F Traffic Contacts 1,809 1,740 2006 Objectives: <F Implemented the Patrol Districting Program to improve citywide patrol coverage. <:#" Prepared the Administrative Citation Program to begin in 2007. or Prepared the Automated Pawn System to begin in 2007. . Staffing: Cif'" We currently have all police officer positions filled but officer Ryan Sayre is still deployed in Afghanistan. <:#" We currently have all support positions filled. <F 2007 goal is to stay fully staffed. FaciIitieslEquipment: <:#" New roof was installed over the booking facility of the PD. <F We started to upgrade the work areas within the PD facilities, this will continue in 2007. <F In 2007, we will be researching the PD's HV AC system within the facility. The goal will be to improve the systems efficiency and minimize the increasing maintenance cost. . 2007 Objectives: <F Continue to work with MNDOT to ensure a safe and efficient traffic flow around the HWY 7 construction project including. <F Implement the new in-car video camera system. <F Implement and evaluate the Administrative Fee Program. or Implement and evaluate the Automated Pawn System. <F Implement the Photo ill system for all city employees that are currently utilized by the PD. <:#" Evaluate the Emergency Operation Center to assess its current capabilities in comparison to the cities future requirements. Then prioritize the needed improvements. <:#" Continue to execute and evaluate the Patrol-Districting Program. <F Complete the conversion to the new Mobile Command Post. <r Finalize the update on the PolicylProcedure Manual for the PD. ~(Ov ') . . . Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350-2522 320-587-5151/Fax320-234-4240 March 2, 2007 DUANE HOESCHEN 1320 SOUTH GRADE RD SW HUTCHINSON MN 55350-9005 Subject: Water and Sewer Account Number: 0289032000 Customer Number: 00017139 Address: 1320 SOUTH GRADE RD SW Dear Sir or Madam: This letter is to inform you that your closed water, sewer, refuse, and storm drainage account at the service address listed above has a balance due of $168.12 . If payment (or a payment arrangement) on the delinquent amount has not been received by Monday, March 12, 2007, water service will be discontinued. If you cannot make the delinquent payment in full, a limited payment arrangement may be possible by contacting our office at 320 234-5672. Ifthere is a problem which you believe needs a City Council hearing you may request to appear before the City Council, by contacting our office. This will be the only notice you will receive. If payment or arrangements are not made by Monday, March 12,2007, water service will be discontinued the following day. A $15 charge will be added to your bill if it becomes necessary to have a city employee stop at the billing address for collection of payment or shutoff. Your prompt attention to this past due bill would be appreciated. Water/Sewer/Refuse Billing Dept. City of Hutchinson CC: John Slyter 2994 Grosbek Trail NW Hackensack MN 56452 - Printed on recycled paper - ~Cb) . Memorandum TO: Mayor and City .~cil Brenda K. Ewinldfuman Resources Director FROM: RE: Proposed Amendments - City Policy No. 3.18 - Safety Clothing- Reimbursement DATE: March 16, 2007 Attached is City Policy No. 3.18 regarding reimbursements to employees for the purchase of safety footwear and eyewear. The policy was last updated in 1995. As a result of an employee inquiry that was brought to the CitylHutchinson Utilities Employee Safety Committee, the Committee requested that the City consider increasing the reimbursement amount allocated for safety footwear and eyewear. A survey was conducted to determine what other communities have designated as reimbursement amounts. The communities of Glencoe, Litchfield, New Ulm, and Willmar were contacted. . The survey indicated that the reimbursement amounts should be adjusted, and this information was communicated to both the Employee Safety Committee and the City Directors. Both groups request that the City Council consider the proposed amendments to Policy No. 3.18 to reflect current costs that are incurred by employees when purchasing these items. It was noted that because this policy is being considered and acted upon mid-year, the 2007 annual departmental budgets of all departments may not be able to absorb the increased reimbursement amounts. Employees will be instructed to contact their Supervisor and/or Director, prior to any purchase, to determine ifreimbursement funds are available. If you have any questions regarding this request and information, I plan on attending the Council meeting on March 27. Encl. . \6(0-) . . . Policy 3.18 CITY OF HUTCHINSON POLICY -PERSONNEL- SAFETY ~ EYEWEAR/FOOTWEAR- REIMBURSEMENT NO. 3.18 DATE 1983;updaled 1995.2007 SOURCE COUNCIL APPROVED Protective clothing is required for all persons engaged in maintenance duties. This includes both full time. Dart time and seasonal employees in the following departments: Public Works (Streets - Cemetery - Water - Wastewater - Engineering - Forestrvl - Parks - Recreation - Civic Arena - Forestry - Creek Side - Buildina Maintenance - Other Maintenance. Hardhats, safety vests, steel-toed footwear and safety glasses must be worn during working hours, based on the requirements for the specific job assignment. Directors, supervisors and employees are responsible for their proper use. HARDHATS and SAFID VESTS are provided by the City and kept in each department. Other protective equipment required by the city is reimbursed to full time, part time and seasonal employees at the following rate, buf nof fo exceed 100% ottofal cosf: STEEL TOED FOOTWEAR - SHOES $4G iaQ/pair -or- BOOTS $4G ~pair. Reimbursement may be made once every 12 months. The type needed must be approved by the director in charge. INSULATED WINTER BOOTS ~ $lli!pair. Reimbursement may be made once every 24 months, except with the specific authorization of the director. The need for insulafed boofs must be approved by the director in charge. En)olovees are hiahlv encouraaed to ourchase auality footwear (i.e. Carhartt, LaCrosse. Milwaukee. Red Wino. Rockv, etc.l for their own orotection and comfort. SAFID GLASSES Up to ~ llQQ for prescr. glasses, full time emp!. once every 12 months. Up to $4G i5Q for prescr. glasses. part time emp!. once every 12 months. Up to $40 for non-prescr. glasses. full time emp!. once every 12 mos. Up to $20 for non-prescr. glasses, part time emp!. once every 12 mos. NOTE: The cost of the eye exam is an emDlovee expense. Tell the doctor the glasses are needed for work. Plastic safety goggles supplied by the City may be substituted at the director's discretion. Contact Human Resources for information reaardina the Safety Evewear oroaram and local oarticioatina vendors. The orooram offers discounted orices for safety evewear. '" ... II< ,., EACH EMPLOYEE MUST PURCHASE REQUIRED EQUIPMENT AND PAY FOR IT. THE ORIGINAL RECEIPT MUST BE GIVEN TO THE DIRECTOR IN CHARGE, APPROVED BY THE DIRECTOR AND SUBMITTED TO THE FINANCE OFFICii QfPARTMENT FOR REIMBURSEMENT ACCORDING TO THE ABOVE SCHEDULE. . .*Thls mid-year policy chan~l;l will go into effect perCo(Jn~~n, bulls subject to MY 20lJi budget limitations lor eaCh affected department. Employeeuhould contact their director/Supervisor prior to the purchase of reimbursable equipment with any questions and regarding available funds. lc(~) . . . CITY OF HUTCHINSON MEMO Finance Department March 22, 2007 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: SEWER USE CHARGES BACKGROUND The City of Hutchinson adjusts the per thousand gallons used for sewer billing annually. When the city changed to monthly billings, the basis for sewer charges was set to the actual water meter reading for the month of January and is used each month for the remainder of the year. The 2007 rate for sewer charges is $3.96 per thousand gallons This year January meter readings for many customers reflected a longer period than normal with some going as long as 38 days, raising questions from customers and requests for adjustments. Our new billing system has several options some of which are currently used by LOGIS cities. (As an aside we are working on a survey of how other Minnesota cities base there sewer charges and will be able to review the results at Tuesday's meeting.) At this time we offer two options: . LOGIS staff is currently looking at the option that would take the January water meter reading and the number of days between meter reads and adjusting to 30 day usage that would be used for the balance of the year. (This method is currently not used by any LOGIS city) . Use the water meter readings for January, February, and March setting the use on the average of the three months for the balance of the year. COUNCIL CONSIDERATION While there are many options; attached is a resolution basing sewer charges on the January, February, and March average water meter reading for council consideration. H:\DOC\City counci2 memo l.doc IbCo) . RESOLUTION NO. 13162 A RESOLUTION AMENDING THE METHOD OF DETERMINING SANITARY SEWER SERVICE CHARGES FOR THE CITY OF HUTCHINSON WHEREAS, currently the sewer service rate for non-industrial sanitary sewer customers is based upon that customers' January water usage of each year, and; WHEREAS, the City Council desires to make rates charged to non-industrial sewer service customers as accurate as possible, and; WHEREAS, the City has determined that basing the sewer service rate upon the monthly average water customer for the months of January, February, and March of each year would result in more accurate sewer service rates, and; WHEREAS, Hutchinson City Code ordinance Section 53.107 (B) permits the City Council to determine how sewer. service rates are to be set. Now therefore be of resolved by the City Council of the City of Hutchinson that: . Beginning in April of2007 the 2007 sewer service rate for non-industrial customers shall be based upon the monthly average water use of that customer for the months of January, February and March of the year 2007 and, henceforth, these rates shall be determined in a like manner for each year; said rates of non-industrial customers being determined by the average monthly water usage of the months of January, February and March of each respective year. Adopted by the City Council this 27th day of March, 2007. ATTESTED: Gary D. Plotz City Administrator Steven W. Cook Mayor . \0(10) . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Sump Pump Inspection Program Proposals DATE: March 27, 2007 Based on the City's ongoing efforts to address infiltration into our wastewater treatment system, City staffhas issued a Request For Proposals (RFP) to complete a limited Sump Pump Inspection Program. The proposed program will inspect properties that were identified to have (or potentially have) illicit swnp pwnp discharge connections during the 2000 inspection program and will inspect buildings built from 200 I through 2005. Approximately 800 properties will be inspected. Two proposals were received and will be reviewed prior to the City ColUlCil meeting. A reconnnendation on if and how to proceed with this program will be provided by City stafffor the Council's consideration. This program bas been accounted for within the 2006 Wastewater Fund Budget. cc: Gary Plotz, City Administrator IDL~) . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Items Related to the Crow River Dam Replacement Project DATE: March 27,2007 Based on the feedback at the Council Workshop on March 13th, City staff will review the funding alternatives associated with possibly completing the Crow River Dam Replacement project this sunnner/fall. To maintain the feasibility of completing this project in 2007, Council and City staff must address this project's development in a very timely manner. A review of the funding alternatives and potential project schedule will be provided at the Council meeting. We request feedback and possibly action regarding Crow River Dam project funding and ""bedule. cc: Gary Plotz, City Administrator IOle) \~ . . . Brief ffistory of Hutchinson Dam The Hutchinson Dam was originally constructed in 1857 and has been rebuilt and repaired a number of times. The majority of the present structure was constructed after a portion of the dam failed in 1965. The present dam is 100 feet long and consists of a 66-foot long fixed crest spillway, two tainter gate (radial gate) bays, and a metal slide gate on the north bank. In 1967, seepage problems were detected in the area between the tainter gates and the old mill race to the north. The area was pressure grouted and no further seepage has been reported in this area. A National Dam Safety Inspection was completed in 1978 by the St. Paul District Corps of Engineers, and concluded that the discharge capacity of the dam is insufficient to allow the complete discharge of extremely large flood flow, but that the lack of discharge did not pose a threat to area residents. In January of 1990, low reservoir conditions, low river flows, and low temperatures combined to create ice loads on the front face of the dam that caused cracking and failure of the concrete crest. An inspection and assessment of the dam by Barr Engineering following this event also identified concerns with stability of the dam and determined that the spillway crest does not have adequate strength to withstand ice loads. The assessment also determined that project discharge is limited by the hydraulic capacity of the Highway 15 bridge located downstream of the dam. Construction was undertaken in 1991 to repair the damaged crest, raise the access elevation to the tainter gates, and modify the gate hoist operator from hand wheel operation to power drive operation to improve safety and efficiency of gate operations. This work did not address overall dam stability, ability of the crest to withstand high ice forces, or increased discharge capacity of the dam. In 1991 an Operation and Maintenance Manual was prepared by Barr Engineering to document project features, operations plans, hydraulics and hydrology, and recommendations for on-going inspection and repairs. In 1999, the tainter gates were refurbished with new face plates and seals and painter of the structural members. In 2002, an inspection and assessment of the dam by Barr Engineering indicated the following deficiencies: The retaining wall downstream of the south abutment shows signs of deteriorating mortar and some displaced blocks are "bulging" out from the wall. The river bank protection downstream of the right abutment is in poor condition, with signs of movement, settlement, and voids below the grout surface. The right tainter gate has a fair amount of leakage and the gate appears rusty and in need of maintenance. Previous analysis indicated that the concrete weir does not have adequate capacity to accommodate ice loadings. Previous analysis indicated that the spillway has marginal stability at normal pool, although the overturning and shear friction factors were below the current safety standards. The spill way is not stable in overturning or sliding for the ice loading conditions. A new hydraulic analysis of the dam should be completed once the downstream bridge is reconstructed, allowing for effective increase in dam spillway capacity. The capacity of the dam should be increased to accommodate the 50-year event (approximately 5,000 cfs). laCe) ~ . . . In addition, the City reported on-going publjrc concerns about the appropriate operation of the spillway gates at the dam. Conflicting interests upstream and downstream of the dam In 2003, a study was completed by Barr Engineering for replacing the dam with a stepped rapids to address identified dam deficiencies, allow for upstream fish passage, and improve the safety and aesthetics of the dam. In 2006 the dam replacement study was updated to reflect the planned replacement of the Highway 15 bridge and coordinate the design and layout of the dam replacement and bridge replacement projects. 10(6) . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Resolution of Support for McLeod County Southwest Ring Road Project (CSAH 115) DATE: March 27, 2007 Based on the feedback at tbe Council Workshop on March 13th, City staff presents the attached Resolution of Support for McLeod County Southwest Ring Road Project (CSAH 115) for the Council's considemtion. We recommend approval of the Resolution of Support for the McLeod County Southwest Ring Road Project (CSAH 115). ce: Gary Plotz, City Administrator \ () (f ') County of McLeod 830 11 th Street East Glencoe, Minnesota 55336 FAX (320) 864-3410 . COMMISSIONER RAY BAYERL 1 st DIstrict Phone ~ 485-2181 2On8 Avenue Lester PralOe. MN 55354 COMMISSIONER SHELDON A. NlES 4th Oistric:t Phone (320)587-5117 1118 Jefferson Street South Hutchinson. MN 55350 jesnlesOhutchtel.net March 6, 2007 Mayor Steve Cook City of Hutchinson III Hassan Street, SE Hutchinson, MN 55350 COMMISSIONER KERMIT D. TERUNDEN 2nd District Phone (320) 864-3738 111214~Stree1East Glencoe MN 55336 kterlind@ea1hllnk.nel COMMISSIONER BEY WANGERIN 6th DIotrlot Phone(32O)587~9 817 Colorado Street NW Hutchinson, MN 55350 bevwOhutchtel.net COMMISSIONER GRANT G. KNUTSON 3rd DIstrlcl Phone (320) 587-9108 14 CR7 H Inson. MN 55350 Y COUnty AdminIStrator , Phone (320) 864-1324 Courthouse GIencoe. MN 55336 nan.craryOco.mcleod.mn.us Re: Support ofMcLe6d Couniy tSAR 115 Southwest Bypass Extension Dear Mr. Cook, . On behalf of the McLeod County Board of Corrnnissioners I am writing this letter to ask the City of Hutchinson to reconsider support for oUI upcoming 2008 southwest bypass extension. The need for this project started ahnost IO years ago with the development of the Hutchinson Transportation PIan, which was a joint effort by the City, County, and MnlDOT that looked to identify future transportation needs in and around the City. Following in 2002 was the SW Ring Road study, which identified an inner and outer ring road concept that would alleviate downtown traffic as well as provide alternative access to the southern Hutchinson businesses. In 2004 the County took the lead and built the fIrst phase of the outer ring road between TH 7 and South Grade Road, with the intent to fInish the project in the near future. In the fall of 2006 we engaged a consullant to review the rmdings of the 2002 study and to validate the proposed alignment that we selected. The conclusions of the 2006 study directed us to develop the current alignment choice (CR 59/CSAH 8 route). In s=ry, this SW ring road project was the culmination of many years of shared effort by the City and County. We believe the route selected will best serve the City of Hutchinson both today and well into the future as well. Sincerely, Please reconsider support for this important regional project. ....~~ Sheldon Nies McLeod County Board Chair , ,,-: - . ( ~. i '..-...; Cc: :' ~ . , ".e,<.., . Nan Crary, County Administrator 'McLeod County Board 'ofo,mmisslOners John Brunkhorst, McLeod County Engineer McLEOD COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER lb(f) . . . RESOLUTION NO. 13135 RESOLUTION OF SUPPORT FOR THE MCLEOD COUNTY/HUTCHINSON SOUTHWEST RING ROAD PROJECT (CSAH 115 EXTENSION) WHEREAS, McLeod County presented their proposal for the McLeod CountylHutchinson Southwest Ring Road Project (CSAH 115 Extension) at an Open House on January 30th, 2007; and WHEREAS, McLeod County staff and City of Hutchinson staff concur that "County Road 8 Alignment Alternative No.2" is the preferred alignment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the City of Hutchinson supports the McLeod CountylHutchinson Southwest Ring Road Project (CSAH 115 Extension) "County Road 8 Alignment Alternative No.2". Adopted by the Council this 27th day of March, 2007. Mayor: Steven W. Cook City Administrator: Gary D. Plotz 10(-9) . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Discussion of Mn/DOT Outreach Meeting Items DATE: March 27, 2007 City staff will prepare and provide at the Council meeting a list of potential items to be communicated on the City's behalf at MnIDOT's Outreach Meeting to be held Friday, March 30th, in Wi11mar. . cc: Gary Plotz, City Administrator . l a( J) MEMO'"RANDUM DATE: March 21 st for the March 21, 2007 City Cou ncil meeting TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: VACATION OF UTILITY EASEMENTS LOCATED BETWEEN 1209AND 1205 LEWIS AVENUE S.W. REQUESTED BY STEVE WADSWORTH Reaues,t: The property owner is requesting a vacation of easements betw'een two lots to allow future construction over the lot line located between Lots 20 & 21, Block 1. Stoney Point Addition (1205 and 12'09 Lewis Ave. S.W.) The applicant also owns the lot to the north of the subject site. Mr. Wadsworth woulq lik.e to construct an addition and/or a detached garage on the easterly lot that would be attached. to the house in the. future. The applicant did not supply plans showing the proposed .constru.ction, however he had stated that it may inc.lude additional living space and a home office~ The easements must be v8Gated:. and the lots combined in order to construct over the lot lines. Additional inform,ati1on and background material is included in the attached $taff report. The properties are shown below: luL\r\ ) . . . March 21, 2007 Vacation of Easements - 1205 & 1209 Lewis Ave SW Page 2 Plannlna Commission Meetina: The Planning Commission held a public hearing and considered the request at the March 20,2007, meeLing. Thele were nu property owners who made comment or objected to the request. The Commission discussed the background of the three lots and the shoreland district requirements. Staff stated that the shoreland district has a maximum of 25% impervious surface coverage per lot and currently the property does not comply. Combining all three lots may allow the property to comply, although a survey is needed to determine how much coverage is on the lots. The applicant stated he does not want to combine the northerly lot for tax reasons and the lot has restrictions placed on it against building any structures. The applicant stated if he has to combine the lots, he wants permission to build on the lot. After noting the unique conditions of the property and stating it would meet the intent of the shoreland district, the Commission recommended approval, removing staff's recommended condition to combine the northerly lot with the two subject lots. One Commissioner voted against the motion due to shoreland district requirements. Recommendation: The Planning Commission recommended approval 4 ayes, 1 nay (Otteson opposed) of the Vacation of Easements with the recommendations, findings and conditions as stated in attached resolution. , 0(\1) . . . RESOLlITION NO. 13158 RESOLUTION APPROVING A VACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED BETWEEN LOTS 20 AND 21, STONEY POINT ADDITION SUBMITTED BY STEVE WADSWORTH Whereas, Steve Wadsworth, property owner, has requested approval of a vacation of easements with the following legal description: Legal Description: Vacated part of the 6.00 foot wide drainage and utility easement lying northwesterly of and adjoining the southeasterly line of Lot 20 Block 1, Stoney Point Addition, according to the recorded plat thereof. The northeasterly line of said part of the easement to be vacated being the southwesterly line of the Northeasterly 6.00 feet of said Lot 20 and the southwesterly line of said part of the easement to be vacated being the southwesterly line of said Lot 20. Also, vacated part of the 6.00 foot wide drainage and utility easement lying southeasterly of and adjoining the northwesterly line of Lot 21, Block 1, Stoney Point Addition, according to the recorded plat thereof. The northeasterly line of said part of the easement to be vacated being the southwesterly line of the Northeasterly 6.00 feet of said Lot 21 and the southwesterly line of said part of the easement to be vacated being the southwesterly line of said Lot 21. Whereas, the Planning Commission met on March 20, 2007, 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 vacation of easements, subject to the following findings and conditions: 1. Lots 20 and 21 must be combined at the County before construction may begin on Lot 21. Proof of recording the lot combination must be provided with the building permit application. 2. The applicant shall provide an updated survey identifying the existing and proposed impervious surface coverage on the subject property before any additional coverage is added to the property. 3. Any modifications to the site shall comply with shore land district requirements. 4. Any future construction on the property must comply with Zoning Ordinance requirements. 5. Any business activities in the home and/or accessory building must comply with the requirements of the home occupation (Section 154.056 (D). 6. Relocation of any utility services will be at property owner's expense. Adopted by the City Council this 27th day of March, 2007. ArrEST: Gary D. Plotz City Administrator Steven W. Cook Mayor loCV1) . PUBLICATION NO. ORDINANCE NO. 07-0461 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA VACATING UTILITY AND DRAINAGE EASEMENTS LOCATED BETWEEN LOTS 20 AND 21, BLOCK I, STONEY POINT ADDITION THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Section I. 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 between Lots 20 and 21, Block 1, Stoney Point Addition. Section 2. That the utility and drainage easements to be vacated are described as follows: Vacated part of the 6.00 foot wide drainage and utility easement lying northwesterly of and adjoining the southeasterly line of Lot 20 Block 1, Stoney Point Addition, according to the recorded plat thereof. The northeasterly line of said part of the easement to be vacated being the southwesterly line of the Northeasterly 6.00 feet of said Lot 20 and the southwesterly line of said part of the easement to be vacated being the southwesterly line of said Lot 20. . Also, vacated part of the 6.00 foot wide drainage and utility easement lying southeasterly of and adjoining the northwesterly line of Lot 21, Block 1, Stoney Point Addition, according to the recorded plat thereof. The northeasterly line of said part of the easement to be vacated being the southwesterly line of the Northeasterly 6.00 feet of said Lot 21 and the southwesterly line of said part of the easement to be vacated being the southwesterly line of said Lot 21. Section 3. This ordinance shall take effect from and after passage and publication. Adopted by the City Council this lOth day of April, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor . loCh) DIRECTORS REPORT - PLANNINGDEP A.RTMEN"T To: Hutchinson Planning Commission From: Brad Emans, Dolf M.oon., Dave HU.nstad, .Miles Seppelt, Briall Warzecha~ .Jean Ward; John Webster, John Olson,. Lenny Rutledge, Kyle ,Pimler, Kent Exner, Mark Schnobrich, Marc Sebota, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten". Dick N"ag.y, Rebecc3Bowers and Bonnie Bau.metz (Persons in attendance at Planning Staff Meeti.ng' (in bold) : Date: March 9, 2007~ for March 2Q, 2007 Planning Commissio.n. Meeting.. Subject: Vac.ation of Eas~mentsBetweeD Lots 20 &. 21, Block 1" Stoney Point Addition Applicant:. Steve 'Wadsworth, prop'e.rty owner VACATION OF EASEME,NT Brief Description: The property owner is requesti~g a vacation of eas~ments betwe~n two 10'1$ to allow future construction over the lot litle located, betVv~een Lots 20 & 21, Block 1, Stoney Point Additiol1 (1205 and 1209 Lewis. Ave. S.W.) lvIr.W'adsworth ,owns both lots and would like to co:nstruct an addition and/or .a: detached garage on tIle "easterly lot that would be attacbed to the house in the filture,. The applic8.Ilt did not supply 'Plans showing tIle propo.sed construction) however he had stated that it ll1ay illclude additio.nal living space aDd a hom.e offiqe. TIle 'easementsmust- be vacated .and. tIle lots combined in order to construct over the lot lines. The ap,plicant also owns the lot to the north oftlle subj:eGt site. The properties are -ShOWll below: \ bl VI) . . . \acatioll 01 Faselllt'lIh Stt'H' Wadsworth - 120'.1 Lewis Ave. S. W. Planning ConllniSS;OIl \larch 20. 2007 Page 2 GE!'\ERAL I:"FOIU1\TION Existing Zoning: R I ( Single Family ReSidential! Property Location: 1209 Lewis A vCIlue S. W. 1.01 Size: (> acres (combined lots 20 & 21) Existing Land Use: Single Family Residential Adjacl'nt Land Use And Zoning: Single family ('omprehensiw Land Use "Ian: rradllional residentialncighborhood Zoning lIistory: There have been several land use actions on this propcrty. including: 1) a landscapc site plan in Sept. 1991. 2) vacation of c'asemcms approved on the north lot line of lot 20 in Oct. of 1991,3) a variance approved to reduce rear yard sethack to 0' in August of 199 I, and 4) a conditional use penml approved to bring In fill for landscaping \[\ June, 1993. The property tile also conlains correspondence fTom City slaff and the Department of Natural ResOLlrces regarding concems with shorcland alteration, excavation and tTosion from site work done in 1993. Applicable Regulations: City Charter Transportation: Lewis Avenue S.W. Analysis and Recommendation: The property is currently comprised ofthrec Jots (refer to aerial photo) and is located within the shoreland district for Otter Lake. The two lots along Lewis Ave. must be combined before the applicant could be pelTIlittt'tl to construcl on thc easterly lot Staff discussed the vacation of C'Jsements and found that the easements appear to be slandard drainage and utility easements with no apparent utilities along the property lines, however the property owner is responsible for locating all utilities and any costs for relocation of services if necessary. Olerc were several land use actions on this propcrty as noted in the zoning history section, some resulting from the unusual circumstances of the three lots Staff would recommend combining all three lots, however, the applicant has stated he does not wish to combine the vacant lot 10 the north. In addition, the lot to the north may not easily be combined with the plat to the south. The property IS located withinlhe shoreland district and is subject to shorcland reqUIrements. mcluding a maximum 25% coverage requircmenL II appears that the exi,ting impervious coverage, which includes all structures and hard surfae",. ,ignificanl1y c.\i.'eeds Ihe 25"" I"t coverage nXluircmenL IbL \1'\) . . . Vacation of Easements Steve Wadsworth -1209 Lewis Ave. S.W. Planning Commission- March 20, 2007 Page 3 Combining the three lots may allow the property to meet the coverage requirements. The third lot contains a variety oflandscaping and recreational equipment that should be combined with the primary residential use of the property. Staff recommends that a survey of existing and proposed coverage be provided prior to any additional construction on the lot. Staff would recommend approval uf lht: vacation of easements with the following recommendations: 1. Lots 20 and 21 must be combined at the County before construction may begin on Lot 21. Proof of recording the lot combination must be provided with the building permit application. 2. Staff recommends that the northerly lot be combined or platted with Lots 20 and 21. 3. The applicant shall provide an updated survey identifying the existing and proposed impervious surface coverage on the subject property before any additional coverage is added to the property. 4. Any modifications to the site shall comply with shoreland district requirements. 5. Any future construction on the property must comply with Zoning Ordinance requirements. 6. Any business activities in the home and/or accessory building must comply with the requirements of the home occupation (Section 154.056 (0). 7. Relocation of any utility services will be at property owner's expense. Cc: Steve Wadsworth, 1209 Lewis Ave SW \ Den) . . . . CITY OF HUTCHINSON MEMO Finance Department March 22, 2007 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: REQUEST FOR PROPOSAL FOR INSURANCE BROKER SERVICES Attached is a request for proposal for insurance broker services. This RFP would be for broker services for City of Hutchinson's property, comprehensive, liability, and workers compensation coverage's. It has been many years since we have reviewed our broker services and along with Hutchinson Utilities, Hutchinson Area Health Care believe it would be appropriate to review the services using this RFP process. The RFP will be evaluated by a committee composed of a City Council representative, City Administrator, Finance Director, and representative from Berkley Risk Administrators Company. Action Requested It would asked for City Council approval to request RFP's for broker services. It would also be requested to select a council representative to the evaluation committee. H:\DOC\City council memo i.doc \bC G ') . . . Request for Proposal Property & Casualty Insurance Broker March 14, 2007 Page 1 INTRODUCTION The City of Hutchinson (City), is requesting a proposal from Insurance Brokers licensed to provide Property and Casualty Insurance in Minnesota. The Broker must demonstrate competency in providing insurance to the Municipality. Selected brokers will give a presentationlinterview to the Selection Committee on April 5, 2007. The Selection Committee is comprised of Gary Plotz, City Manager, Ken Merrill, City Finance Director, and their consultant The qualifications and proposals will be evaluated by April 11 , 2007 and the recommendation presented to the City Council for their approval on April 24, 2007. The time for the presentation will be detenmined later. The broker selection process and award will allow the selected broker to access the marl<.ets for the upcoming policy tenm. An insurance summary is included in the RFP to assist you with your presentation. The successful broker will receive copies of all policies. Please direct questions regarding the broker selection process or insurance summary to the following perscnnel: Bill Kloepfer, Senior Consultant Telephone: 612-766-3307 Email: bkloepfer@berkleyrlsk.com or Marl<. Flaten, VIce President Telephone: 612-766-3300 Email: mflaten@berl<.leyrisk.com Berkley Risk Administrators Company 222 South Ninth Street Minneapolis, MN 55402-3332 ID(\, ') Request for Proposal Property & Casualty Insurance Broker March 14, 2007 Page 2 . BACKGROUND INFORMATION The City of Hutchinson is located in McLeod County and has a population of approximately 14,000. The City operates a Police Department Fire Department, Utilities Department, Water & Waste Water Department Park & Recreational Areas, Events Center, and Liquor Store. The City also has responsibility for the Airport and has a Joint Powers Agreement with McLeod County. The insurance program for the Utilities is not part of this broker selection process. The following webslte contains additional infonmation regarding the City www.ci.hutchinson.mn.us . Specifics of current policies are as follows: City of Hutchinson Type of Policy Coverage Carrier Exposure/Limit Estimated Term Premium Worl<.ers' Compensation 11112007 L1MCIT' $6,675,000 Payroll $173,000 Property 7/112006 L1MCIT $43,000,000 TIV $70,000 Mechanical Breakdown 71112006 L1MCIT $10,000 Municipal Liability 7/1/2006 L1MCIT $1,000,000 limit $71,000 Automobiie 7/112006 LMCIT $1,000,000 limit $31,000 85 Vehicles Miscellaneous 7/1/2006 LMCIT $18,000 . Crime 7/112006 Old Republic $5,000 Liquor 7/1/2006 CNA $1,000,000 limit $9,500 Airport Liability 7/112006 Old Republic $5,000,000 limit $4,400 Joint Powers 8/16/2006 LMCIT $8,000 'LMCIT is the League of Minnesota Cities Insurance Trust The total premium for !he coverage shown above is approximately $400,000. . lOCi,) . . . Request for Proposal Property & Casualty Insurance Broker Merch 14, 2007 Page 3 BROKER SELECTION Broker Dutles/Reaulrements will include: . Identify an account executive resporsible for overall responsibility and day-to-day relationship/questions wi!h !he City. . Knowledge of Municipality risks; . Access to broker marl<.ets and marl<.eting !he program to !he insurance industry; . Assist in !he overall design of the insurance program and completion of all insurance applications; . Assemble information to enable Underwriters to fully understand !he risk; . Analyze proposals and make recommendations to !he dient; . Outline what you will do to become familiar wi!h the City's operation and future changes to !he City's operation. . Verify accurate issuance of policies; . Assist in !he implementation of carrier services; . Claim oversight and advocacy; . Coordinate Loss Control services in conjunction wi!h insurance carriers; . Worl<. in cooperation wi!h the client's Risk Management Consultants; . Ability to meet the client and !horoughly learn and understand their business; . Quarterly meetings regarding operational changes or proposed changes; . Provide day-to-day services (i.e. Auto ID cards, certificates, endorsements, meetings, etc.) Broker Profile Proposed Service Team List the key individuals in !he management end marl<.eting team assigned to the account and !h~ allocation of time expected servicing the account. Indude the following for each member of the service team: ~ Years wi!h the finm and total years in !he industry; ~ Profile of experience in the insurance industry and wi!h similar client(s); ~ Educational background and professional designations; ~ Description of each member's role in servicing the account. specific activities to be performed, and estimated annual hours budgeted. . Provide a reference list of similar types of dients including the contact person(s) and telephone number(s). . What is !he range of account size currently handled? . Why should we choose your organization? . What is your servicing plan to stay abreast of the changing exposures the City may have? . Provide a list of !he major insurance carriers, which you can access directly. Can you access those carriers currently writing !he insurance coverage? . Provide detail of loss control areas of expertise within your office (if any). IDC~) . . . Request for Proposal Property & Casualty Insurance Broker Merch 14, 2007 Page 4 Selection Criterta Considerations for awardino !he Contract include: . The experience of the broker and the assigned personnel; . The brokerage finm's access to and reputation w1!hln !he insurance marl<.etplace; . The general and specific areas of insurance knowledge of assigned personnel; . The ability of !he broker to worl<. wi!h the City and !heir consultants; . Client references; and . The cost of the service. Comoensatlon. Contract Tenn and Fee Propose a compensation arrangement for your recommended scope of services. Your response should include !he following issues: . A fee or total compensation package, and not a commission arrangement. However, we understand !here may be markets, which do not or cannot quote on a net commission basis, thus, it may be necessary for !he compensation package to indude both commissions and fees. In this scenario, !he commissions will be subtracted from !he total compensation to create a net fee. . It is our intent to select a broker prior to May 1, 2007. The initial contract will commence immediately as !he broker will need to work wi!h !he City personnel to obtain the renewal information and commence renewal negations for the coverage effective July 1, 2007. . It is our intent to enter into a long-term relationship, !hus we ask each broker to indicate the fee for !he second and third years of !he contract The initial contract would run !hrough April 1 , 2008, annually !hereafter, and is subject to !he approval by !he City Council. . Please outline !he payment terms of !he fee. . Specify "hourly rate" for additional services, by area, If requested by the Client Cancellation Aare&mllnt The City may unilaterally cancel this agreement with a !hirty-day prior written notice. [c{C}